VAR2000-00001 Decision - JONES' SIDEYARD SETBACK ADJ
NOTICE OF TYPE I DECISION
"URBAN SERVICE AREA"
ADJUSTMENT (VAR) 2400-04001
CITY OF TIGARD
JONES' SIDE YARD SETBACK ADJUSTMENT Community(Deve1opment
.5'fiaz itt ft Q3~tterCprnmuttt
9 20 DAYS = 5/1212000
SECTION I APPLICATION SUMMARY
"URBAN SERVICE AREA'S
FILE NAME: JONES' SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment ('VAR) VAR2000-00001
PROPOSAL: The applicant has requested an Adjustment to the side yard setback to
reduce the setback by 4 inches to 4 feet 8 inches. The purpose of the
Adjustment is to allow for the placement of an air conditioner unit on the.
side of the house.'
APPLICANT/
OWNER: Robert and Lisa Jones
14127 SW Stardust Lane
Tigard, OR 97223
LOCATION: 15740 SW Bull Mountain Road; WCTM 2S108BD, Tax Lot 7200
(temporary Subdivision Tax Lot # SUL03).
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATION: Single-Family Medium Density Residential - 5,000 Square Feet Attached
Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is
to establish sites for single-family detached and attached units for medium
density residential developments.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION II. 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,
VAR2000-00001- JONES' SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3
"URBAN SERVICE AREA" NOTICE OF TYPE I DECISION
CONDITION OF APPROVAL
1. Apply for and receive a mechanical permit from the Building Division for the air
conditioner unit. Contact the Development Services Technicians (639-4171 x304) for
details on submittal requirements.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is bordered on all sides by single-family residences. The proposal is to intrude
into the 5-foot side yard setback by approximately 4 inches in order to plaice a 26-inch x
0-inch air conditioner unit on the side of the house.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.390 allows the following development
Adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this prevision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to the side yard setback to allow the placement
of an air conditioner unit. The air conditioner unit is 26 inches by 30 inches. The house is set
back 7 feet, 4 inches from the property line and the air conditioner unit is required to have 6
inches clearance from the building, therefore, the unit would intrude 4 inches into the required
side yard setback. The required side yard setback is 5 feet, therefore, a 20-foot reduction of
this setback would allow a 1-foot intrusion into the 5 yard setback.
FINDING: Because the proposal is to intrude less than 1-foot into the required side yard
setback and a reduction of up to 1-foot is permitted if approved as part of an
Adjustment, the applicant's proposal is permissible provided they meet the
criteria for an Adjustment.
A development Adjustment shall be granted if there is a demonstration of compliance
with all of the applicable standards:
VAR2000-00001 - JONES'SIDE 'YARD SETBACK ADJUSTMENT PAGE 2 OF 3
„URBAN SERVICE AREA" NOTICE OF TYPE I DECISION
A demonstration that the Adjustment requested is the least required to achieve the
desired affect;
The Adjustment is the minimum needed to allow an air conditioner unit to be located at the
side of the dwelling. The only ether location that the unit could be placed is at the rear of the
house, however, given the location of the patio, windows and doors, the unit would be very
much in the way in this location.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees within the Adjustment area, therefore, this criterion does not apply.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access because it is on the side of an existing
dwelling. Emergency service can still access this dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
As discussed above, this is the only alternative that allows placement of the air conditioner
unit while minimizing the impact to the subject parcel and adjacent properties.
FINDING Based on the analysis above, the Adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
A setback 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 is the final decision of the City.
THIS DECISION IS FINAL ON JANUARY 18, 2000,
AND BECOMES EFFECTIVE ON JANUARY 19, 2000.
Questions:
If you have any questions, lease call the Cityy of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, gard, Oregon at (503) 639-4171.
Janua 18, 2000
PREPA D BY~ Julia Ha°duk DA E
Associae Planner
Janua 18.20001
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
I<kcurp1nkJu1IakmiskJcnes setback adjustment.doc
VAR2000-04001 JONES' SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
"URBAN SERVICE AREA" NOTICE OF TYPE I DECISION
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