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VAR1999-00019 Decision - SCHOLLS MEADOWS NOTICE OF TYPE I DECISION "URBAN SERVICE AREA! VARIANCE (VAR) 1999,00019 CITY OFTIGARD SCHOLL'S'MEADOWS SIDE YARD SETBACK ADJUSTMENT Development Shaping A Better Comm urn i C y 120 DAYS = 1/26/2000 SECTION 1. APPLICATION SUMMARY "URA SERVICE AREA" FILE NAME: SCHOLL'S MEADOWS SIDE YARD SETBACK ADJUSTMENT CASE NO: Variance VAR1999-00019 PROPOSAL: The applicant has requested an adjustment to the side yard setback to reduce the setback for lots 78 through 97 from 5 feet to 4 feet. As a result of the 20% reduction, additional trees will be saved and the amount of open space of tract "C" will increase. APPLICANT/ OWNER: The Kehoe Company P.O. Box 69501 Portland, OR 97201 LOCATION: Lots 78 through 97 of the Scholl's Meadows Subdivision Phase Il; WCTM 2S105DA, 02400 and 2S105DB, 06000. COMPREHENSIVE PLAN DESIGNATION: R-25; High-Density Residential. ZONING DESIGNATION: R-25; High-Density Residential. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION 11. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR1999-00019 SCHOLL'S MEADOWS SETBACK ADJUSTMENT PAGE 1 OF 3 "URBAN SERVICE AREA" CONDITIONS OF APPROVAL There are no conditions set for this decision. Therefore, this decision is final. THIS APPROVAL SHALL DE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION, SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description° The subject property is located between SW Scholls Ferry Road and S Brianne Way. It is part of the Scholl's Meadows Phase 11 Subdivision, a 97-lot subdivision approved by Washington County. The proposal is to reduce the side yard setback for lots 78 through 97 from feet to 4 feet in order to accommodate narrower lots much more efficiently. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section '18.390 allows the fallowing development adjustments by means of a Type I procedure: Front yard setbacks. Up to a 26% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision: Not Applicable, Interior setbacks. Up to a 20%® reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. The applicant has requested an adjustment to the side yard setback to accommodate for buildings on narrower lots. The required side yard setback is 5 feet. The request is to allow 4-foot setbacks. A 1-foot setback is a 20% reduction. Therefore, this criterion is met. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. Not Applicable. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the adjustment requested is the least required to achieve the desired affect; Most of the lots are almost entirely surrounded by roads, open space or this development. Onlyt seven lots of adjacent land would possibly see the minor deviation frog-n the Code's required setback. A one-foot adjustment, the amount requested, is only 20% less than the Code's required 5 feet, Therefore, this criterion has been satisfied. NOTICE OF TYPE I DECISION VAR1999-00019 SCHOLL'S MEADOWS SETBACK ADJUSTMENT PAGE 2 OF 3 "URBAN SERVICE AREA" i g The adjustment will result in the preservation of trees, if trees are present in the development area; Tice trees existing on-site will be removed and mitigated as per Washington County approval of the preliminary plan. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site; There will be adequate emerggency access along the sides of the structures, not causing an impediment of emergent vehicles or personnel: Fire, life, and safety will be maintainewith this request. The fire cede allows 3 feet between buildings, therefore, this standard is met. There is not a reasonable alternative to the adjustment which achieves the desired affect. Due to the style of the common wall units, this is the only alternative. Increasing or decreasin the front or rear yard, would not allow the same design for the structure. As started earlier in this decision, the additional feet of width for the common wall units will conform to the existing neighborhood type and s,rle of building, thereby creating a unified community. The reduction of the originally plattedd lot width of 26 feet to 24 feet preserved trees and increased the open space of tract "C" by 20%. Therefore, this criterion has been satisfied. SECTION V. PROCEDURE AND APPEAL. INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision; A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and i the final decision of the City. THIS DECISION IS FINAL CAN NOVEMBER 9, 1999, AND BECOMES EFFECTIVE ON NOVEMBER 1Q,1999. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. November 9 1999 AI B t thew SCh i gger DATE Assistant Planner r November 9 1999 APPROVED B Richard ersdo~ff DATE Planning anager t: curplMmathewWAR1999-010019.dec.doc NOTICE OF TYPE I DECISION VAR1999-00019- SCHOLUS MEADOWS SETBACK ADJUSTMENT PAGE 3 OF 3 "URBAN SERVICE AREA" ii rr 1 a t1 tt 11 td d 11 St it [I::.- * G tt c~ Y x n it O it 71 $;bbl MNLQ~ f. QN~ u` _ li' it r~ «"it =t° „mot w t~rT c~t~ - - ldd tl 11 77T.-, cc ~Y♦ Y r 11 it 67 zs~,t. 11 11 -a F I r f~' s , t t § x I. i x , m 4 o ifitt ' #I . 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VICINITY MAP A 1999-00019 I SCHLL'S SW FERN ST MEADOWS DRA CT SETBACK ul ADJUSTMENT I tra WAY I >J~, (tuts 78 through 47) I I ! oU I - \ I m 'URBAN SERVICE AREA" F1 I F E SMRE, SW WINTERGREEN Sl x,\ Lu HT f trj~ V\ \A\~ t s SUBJECT A#A I ~ J ~IIBDIV(S10N 0 100 200 300 400 S00 Feet 1*- 378 feet \ C.nv c;r "Tigard information on this map is for general location only and should be verified Win the Davatopmant Services Division. j I 13125 Sw Hall Blvd 1T €6 Tigard, OR 87229 [ (509) 879.4171 E tittpJy544Y.Gi.l1" 't.ee II Community Dew ent Plot date: Oct 7, 4999; C:Xm, IAGIC03.APR