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VAR1999-00023 Decision - HILLSHIRE VARIANCE NOTICE OF TYPE 11 DECISION "URBAN SERVICE AREA'" t ,-n- VARIANCE [VAR] 1909-00023 CITY OF TIGARD HILL HIRE CREEK ESTATES # 3, LOTS 99,103 & 104 sraping. 'D commuldly BEAR YARD SETBACK VARIANCE 120 DAYS = 1/1912000 SECTION I. APPLICATION SUMMARY "TURBAN SERVICE AREA" FILE NAME: HILLSHIRE CREEK ESTATES #3 REAR YARD SETBACK VARIANCE CASE NO: Variance VAR1999-00023 PROPOSAL: The applicant requests approval for a variance from the 15-foot rear yard setback standard to allow construction of decks not less than 5 feet allowed from the rear property line. The subject sites are identified as Lots 99, 103 and 104 of Hillshire Creek Estates No. 3 Subdivision. APPLICANT: Sierra Pacific Development OWNER: Same 5285 SW Meadows Suite 300 Lake Oswego, OR 97035 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: Residential, 12 Units Per Acre; R-12. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. LOCATION: 14569, 14713 and 14721 SW Fern Street; WCTM 2S105AD; Tax Lots 10800, 11200 and 11300 (Lots 99, 103 & 104 of the Hillshire Creek Estates #3 Subdivision). 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. The findings and conclusions on which the decision is based are noted in Section IV of this decision. NOTICE OF TYPE 11 DECISION VAR1999-00023 -HILLSHIRE CREEK SETBACK VARIANCE PAGE 1 OF 4 SECTION ICI. BACKGROUND INFOI?_ &-[1Oiq Site Histo Subdivision a roval was granted by Washington County 09/03/1999. No other land use decisions coed be found. Vicinity Information: The propperties are located on the southeast corner of SW Scholls-Ferry Road and SW SunrisefMenlor Lane. Site Information and Proposal Deaaa otion: The subject properties have frontage on SW Fern Street. The properties are part of the Hillshire Estates 4,13 Subdivision. The requested variance is for the purpose of constructing decks on the back of houses proposed for lots 99, 103 and 104 of Hilishire Creep No. 3. The decks would encroach a maximum of 10 feet into the 1-foot rear yard set back. An open space tract is located behind the subject lots, thus, creating a significant buffer between the lots and the nearest properties. The nearest properties range in distance from approximately 70 feet to 140 feet from the rear property lines. While tie subdivision request was beinq reviewed, it was discovered that there was a small creek that required an additional 5 feet to be added to the open space. By creating a 50-foot buffer instead of the 25-foot buffer originally proposed, this made the lots more diflscult to build on. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Approval Process and Standards. The proposed variance will not be materially detrimental to the purposes of this title, to airy other applicable policies and standards, and to other properties in the same zoning district or vicinity, According to the site plan, the lots in question back up to a 0-foot buffered wet land. Therefore, these properties will not effect or pose any impact to the surrounding homes and will not conflict with applicable policies and standards. Therefore, this criterion is satisfied. There are special circumstances that exist which are peculiar to the lot size or shape, to ography or other circumstances over which the applicant has no control and whici are not applicable to other properties in the same zoning district or vicinity; The applicant states: The lots in question have steep slopes in the rear yards. The grade of the land would make the backyards of these homes unusable. However, if decks can be constructed on the rear portion of the homes, it would provide the property owners with the ability to make better use of this portion of their property. The applicant is requestincg the ability to construct decks. that will enable the home owners of lots 99, 103 and 104 to use the rear portion of their propperties to the greatest extent possible while still maintaining a reasonable structural setbaX Hillshire Creek Estates co. Np3 is an approved Planned Development with a 15-foot front yard setback. Building plans show the homes to be at an 18-foot setback. The 3-foot setback difference is not significant enough to deny the variance, given the nature of the request. Staff finds that reasonable evidence has been given that because of the setbacks and the natural topography of the lots, no other option is available. Therefore, this standard has been met. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extenf that is reasonably possible while permitting reasonable economic use of the land; The requested variance does not propose a change of use and allows economic use of the land by allowing more "living„ area. NOTICE of TYPE 11 DECISION VAR1999-00023 -HILLSMIRE CREEK SE ] BACI( VARIANCE PAGE 2 of 4 Existing physical and natural systems, such as but not limited to traffic drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; A sensitive area and a required 50-foot buffer exist outside the let areas. The requested variance is to reduce the rear yard setback to five feet within the buildable lot area for decks, Therefore, this variance will have no adverse effect on the sensitive area and has satisfied this criterion. The hardship is not self-imposed and the variance requested is the minimum variance, which would alleviate the hardship. The applicant has no control over the topography of the site. Sensitive areas within this development have already been placed in separate tracts from the buildable lots, The layout of the development was designed to create a project that was economically feasible yet sensitive to the sites existin conditions. The applicant did not consider the need for the variance at the time of subdivision application. Had the need for the variance been foreseen at that time, the applicant would have included the request as a part of the on final development application. The need for the variance did not become apparent until further into the development process and once the length of the lots were reduced by 25 feet. The 10-foot variance would reasonabl allow for the construction of decks on the rear portion of homes built on lots 99, 103 and r04. SECTION V. OTHER ;STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and has no objections to it. The City of Tigard Building Division has reviewed this proposal and offered the following comi7ents: Lot 9J may have slopes steeper than :1 requiring footings of deck posts to be set back furt her than the 5 feet requested. A Geo-Engineer design would be accepted in lieu of the requirements. Staff Response: Deck posts and footings will be addressed when applying for building permits. Tualatin Valley Fire & Rescue Fire Marshall has reviewed the proposal and has no objections to it. SECTION Vi. AGENCY !CITIZEN COMMENTS Comments from Agencies were not requested as part of this Variance review. Two neighbors commented against the approval of the variance in regard to protectin the sensitive area located behind the subject properties. Because an extra 25=foot buffer on top of the required 25-foot buffer by Unified Sewerage Agency exists, staff is satisfied that the sensitive area will not be threatened. SECTION Vil. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Nall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies i i NOTICE OF TYPE If DECISION VAR1999-00423 -HILLSHiRE CREEK SETBACK VARIANCE PAGE 3 OFT Final Decision: THIS DECISION IS FINAL ON OCTOBER 26, 1999 AND IL-eFFECTIVE ON NOVEMBER 10, 1999 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it i mailed. Any party withstanding, as provided in Section 13.390.040.G.1., may appeal this decision in accordance with Section 18.390.040..2. of the Tigard Community Development Code which provides that a written appeal to ether with the required fee shall be filed with the Director within ten ((10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identifedd in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON NOVEMBER 9, 19!99. 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- c - October 25, 1999 PREPARED BY: et ew Sc et er DATE Assistant Planner i:lcurpl nlmathewtvar1999-00023.dec NOTICE OF TYPE 11 DECISION VAR1999-00023 -HILLSHIRE CREEK SETBACK VARIANCE PAGE 4 OF 4 j Fa r rum. / ✓ ~ ! p~ 10fbo Z CL ;3 Fig I ti _ f - - IS SE79A 8z 8 t} !g "URBAN SERVICE AREA" SlIE PLAN t YARI999-00023 EXHIBIT MAP HILLSHIRE CREEK ESTATES #3 SUBDIVISION (LOTS 99, 103 & 104) SETBACK VARIANCE L2-,, not to sole erw AEOORAFNtG iNf QMft~"~` u VICv T pRC P R ales S LU ~t ~ "EC GK ICE ARENx SEVI j loop ul A, JE Va. • It 40 t=eat SW soo ago s° ~fi~-- ~ ~ au~ gat DR tL' j , `e tt? "3 fli m c~C 4i T "3 carat tacatlan as~?Y and ...d anlhixraaP stai4oP~,enk5at^.iWaDsv~xti ~~rtnatian µ jh ~a }dtavattad 1s1 : 7t t{al ~t d Tl4a~ G,g,g4(A3 Orxs Orxs - ~ StStPaM~'v.;i.ttga tGltu~~lt',t~3, plot data. Sep,28, 1999; ; T 1 i 1