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VAR2001-00010 EXHIBIT A NOTICE OFTYPE I DECISION SETBACK ADJUSTMENT (VAR) 2001-00010 OF TIGARD' uniity PAINE SIDE YARD SETBACK ADJUSTMENT CComm Development Shaping A Better Community 120 DAYS = 10/10/01 SECTION I. APPLICATION SUMMARY FILE NAME: PAINE SIDE YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2001-00010 PROPOSAL: The applicant has requested approval for a Development Adjustment' to reduce the minimum side yard setback from five (5) feet to (4) four feet. The applicant seeks to replace a non-conforming garage that is currently zero (0) feet from the south, side yard lot line. APPLICANT: Jeffrey C. Paine OWNER: Same 9155 SW 69th Ave Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION:. R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. . LOCATION: 9155 SW 69th Ave; WCTM 1 S125DA, Tax Lot 07900 APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given'thatthe 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 I DECISION VAR2001-00010/PAINE SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 SECTION Ill. BACKGROUND INFORMATION Site History: A search of City records shows an approval for a two story addition including a three car garage and an 800 square foot 1 bedroom accessory space under file number MIS2000- 00020. This Variance request is concurrent with the MIS2000-00020 approval. No other land-use records were found. The home is a 50 year-old home with an existing non- conforming garage that lies directly on the southern property line. The new addition will replace the existing garage and improve the non-conforming situation from a zero setback to a 4'1" setback from the southern property line. The addition is to allow for an 8-foot, and a 16-foot wide car bay, a 3-foot wide stairway and 4 wing walls. To locate the stairway in any other location would make the stairway difficult to access and it would detract from the scenic view available from the second story. Tapering the garage to fit the setback would cause the garage to be out of square, which would be more expensive and it would cut down on the utility and attractiveness of the garage structure. The nearest neighbor on the south side of the property is located 20 feet from the property line, so the 1-foot encroachment would not adversely affect the neighboring property. Vicinity Information: The property is located on the west side of SW 69th Avenue near the intersection of. SW 69th Avenue and SW Taylors Ferry Road. Site Information and Proposal Description: The subject property has frontage on SW 69th Avenue. The garage is 75 feet from the frontage street. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the rear yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that 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 effect; The applicant has requested a 20% adjustment of the side yard setback, from 5 feet to 4 feet. The desired effect is to fit the approved 3-car garage on the site and maintain its squared shape. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are impacted by the proposal. Therefore, this standard does not apply. NOTICE OF TYPE I DECISION VAR2001-00010/PAINE SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 The adjustment will not impede adequate emergency access to the site; and The adjustment will affect the side yard setback only. Emergency access from the street fronting the property will not be affected. Therefore, this criterion is satisfied. There is not a'reasonable alternative to the adjustment, which achieves the desired effect. The adjustment will have no impact on the applicant's property, or the neighboring property except by reducing the side yard setback by 1 foot. In fact, the proposed structure will replace a non-conforming structure, and improve the setback from zero feet to four feet. Therefore, Staff finds the adjustment to be the most reasonable alternative. SECTION V. PROCEDURE AND APPEAL INFORMATION A side yard 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 DECISIONIS FINAL AS OF JUNE 14; 2001. THE EFFECTIVE DATE OF THIS DECISION SHALL BE JUNE 15, 2001.. Questions: If you have any questions, please call Jodi Buchanan at the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171, ext. 315. ~io c-9) ck an June 14. 2001 P PAR BY: di Buchanan DATE Current Planning June 14, 2001 APPROVED BY: Richard B ersdorff DATE Planning Manager NOTICE OF TYPE I DECISION VAR2001-00010/PAINE SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 ST CITY • 'D Z GEOGRAPHIC INFORMATION SYSTEM LN VICINITY MAP ~ sw FLORENCE 3 1 S125DA, 07900, ITE T w PAINE SIDE YARD S.W. SETBACK ADJ. VAR2001-00010 co O RD O S.W. U 0 Q T,9Y SUBJECT SITE S.W. EVELYN SIN w csvl m 4±EM S.W. WIL&4R Q S.W. WALNUT TERR Q .9 . D N Sr LN m S.W. 3 v 0 100 200 300 400 500 Feel 1'= 378 feel S.W. LOLA LN J ALFRED ST I 69 s.w City of Tigard S.W. Information on this map is for general location only and SARA should be verified with the Development Services Division. 13125 SW Hall Blvd r/y Tigard, OR 97223 LN V TURA GC (503) 639-4171 http:/Awv x1tigard.or.us Community Development Plot date: Jun 13, 2001; C:Vmagic\MAGIC03.APR CITY OF TIGARD PLANNING DIVISION/COMMUNITY D•EVELOPMENT DEPARTMENT cm or TIOIQD GL 34o.53l ISO' _ - EL.41a.87I • I I I ' I • I I S LO'( 94- ZorJ~ R4.5 E HOUISE.: o V '?o SoCUtrr-== I -PR07PRTY...VI U.~ TLAr:esAKAbE WITH: ACC6550RY OWCLLIN[t NEw 11NI'f Aeovc Iw~l]E`L~ - YRQPQ~~ Ip ~ ~ _ ; j`Fx15 f INly 11N t?': DKNBFIAY' i -_72cPOSev fbxrl" 16,AFUoF_- .~11HIIS 503E?OAGK I 1 6L 340,17' 1 9 ~ ' EL. 414.,07- ' I I N o• - I 4 N E IlaH 70.R~:; - bARA"GF ~F PAINE SIDE YARD SETBACK ADJUSTMENT CITY OF T'GARD SITE PLAN VAR2001-00010 (Map is not to scale) • • IS125D"-07 900' PAINE A JEFFREY C PAINS SIDE YARD SETBACK PAINS 9155 SW 69TH AVE ADJUS'IIMMT/YAR2001-00010 TIGARD, OR 97223 EXHIBIT B f AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development SftapingA Better Community STA'E OF OREGON ) County of Washington ) ss. City of Ward ) 1, Tatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCut II for the city ofTWard, Washington County, Oregon and that I served the following: (Check nppopriate Box(y) Below) ❑ NOTICE OF DECISION FOR: VAR2001-00010/PAINE SIDE YARD SETBACK ADJUSTMENT ❑ AMENDED NOTICE (File NoJName Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made apart hereof, on June 14, 2001, and deposited in the United States Mail on lane 14, 2001, postage prepaid. (Person t pared otic Subscribed and sworn/affirmed before me on the day of, 2001. OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLICOREGON MY COMM SSION EXPIR S S807, 2003 NOTARY PUBLIC OF ORPI)II My commission Ir • • ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX., (503) 684-7297 PRE-APP. HELD WITH: DATE OF PRE-APP.: GENERAL INFORMATION Gy Iv(~3 Property Address/Location s): =1 15-5-5 6 -C t"AV e FOR STAFF,USE`ONLY Tax Map & Tax L #(s): S - O D O Site Size: Y-- 190 Property Owner/Deed Holder(s)*. . Case No.(s): VA-12- Z e OL Address: cr 1 S S Go Phone: S-03 ---93- 37~ Other Case No.(s):--k-,,0 ' L 3~l ' City: of D 2 zip: ~a a Applicant*dr Receipt'No:- Loy l Address: Phone: Application, Accepted By: City: Zip: Date: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written Date Determined To Be Complete i authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this/t'(7 form or submit a written authorization with this application. Comp Plan/Zone Desigration: PROPOSAL SUMMARY R F CIT Area: ` The owners of record of the subject property request permission for an ` Administrative Adjustment to the following provision(s) of the Recording Date and Number Community Development Code (please circle one only): >DevelopmentAdjustment $100 Rev. 6J2o12000'I lcurpln"stersladjustmt.mst >Special Adjustments: ♦ Adjustments to a Subdivision $100 ♦ Reduction of Minimum Residential Density $100 ♦ Landscaping Adjustments - Existing/New Street Trees $100 ♦ Parking Adjustments - Reduction in Stacking Lane Length $100 ♦ Wireless Communication Facility Adjustments - Distance From Another Tower $100 REQUIRED SUBMITTAL ELEMENTS Please state the reason for the Adjustment request: LJd 4-0 fDU;(d j2 h a d~d 4 Jr` on ✓ Application Elements Submitted: W i c h e- n Grl'Ocac h e5 I -1~0%4- nJ-~ - ZD-Application Form 51 e b~~a Z©Owner's Signature/Written Authorization Title Transfer instrument or Deed Site/Plot Plan (6 copies) Site/Plot Plan (reduced 81/2"x 11 Applicant's Statement (Addressing Criteria Under Section 18.370.020) Filing Fee $100.00 1 APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject ro e • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of C Owner's i n u Owner's Signature Owner's Signature Owner's Signature 2 Jurie 12, 2001 To: City of Tigard From: Jeff Paine, 9155 SW 69", Tigard Or 97223, 503-439-5174 RE: Request approval of 11-inch encroachment into 5-foot side setback zone. Buildi4g Permit # MST2001-00077. Reasons for this request: My existing 50-year-old house is approximately 1 foot from being parallel to The southern property line. A surveyor has confirmed this. This addition must be 32 feet wide to allow for an 8 and a 16-foot wide car bays, a 3- foot wide stairway and 4 wing walls.' An engineer designed this structure to include a shear wall in front of the stairway to provide sufficient strength to meet seismic requirements. To locate the stairway in any other location would make access unnecessarily difficult, and detract from the scenic view available from the second story. Please check the attached floor plan for more details. Because there is only a 36 to 37 foot wide area to locate this structure, the southwest corner of the building must be tapered 11 inches out of square to meet the 5-foot side setback requirement. Tapering would cause the new addition to be more expensive to build and less attractive to the residents. If this addition were built with 4 square corners and 32 feet wide, the building would encroach 11 inches into the 5-foot setback zone.. This is mitigated by the following facts: The maximum encroachment. is relatively small at the southwest corner. My neighbor has no existing building directly south of the maximum encroachment zone This neighbor's house only has three feet of width, which is due south of the new addition. This area is slightly more than 25 feet away from the new addition. Also, the encroachment will be 75 feet away and 10 feet downhill from 69th Avenue. The proposed addition improves upon a non-conforming situation. The existing fifty- _ year-old garage and driveway lie directly upon the southern property line. The new addition will provide a 5'l " to 4'1 " setback from the property line. . For these reasons, please allow this addition to be designed as shown on the attached site plan. Receipt #0 27200100000000002344 Date: 06107/2001 T 1 0 E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due VAR2001-00010 [LANDUS]ADMIN VARIANCE 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check JEFFREY C PAINE 0 3879 $100.00 TOTAL AMOUNT PAID: $100.00 i . JEFFREY C. PAINE 242220 3879 -.ODL 549327 7230 9155`SW :69TH ST. 293-1379 .0200096527 . PORTLAND, 6R:"97223 -7-0 f DATE PAY TO THE f ~ ORDER OF •p V1 wL DOLLARS B 0 'U.5 BANK (503) 275-7393 1-800-US BANKS _ UNITED STATES NATIONAL BANK OF OREGON _ MEMO N ~L 340..53 ~ 180' . _ EL • 4.14.87/ ~-F-2M1'f_~=t~I5TZb01-ooo7.Z_. I _zPOVC1cT_Y-crufi~ 3--6WRZaRndF-__Wrrk. ! RCCE55pRY:.D4/LLLING! _ WF-w PR~PbS~~ N R~'N FAY \ I~cISTINIa_.__'"~ SJIJ7?-DPIVEWAY- I -PTZOFllSB-D-po ION.. I'laRRAliE sn/ISFJIiJ_5'-5E?6AG~ I EL34o.17' ~ 100' _ _N 0 f NE!la;490-k , , STATE OF OREGON County of Washingto. SS 1, Jerry n i qr of Assess- ment and fn c'o County Clerk for r.. rtify that the with ; Ir ceived and re rd e of said county. ` -~gyp3/","r I a When recorded mail to G01 erector of sS9~~1n1tn~ ation, Ex- Jeff Paine tl4?Qgycjtiy Jerk 9155 SW 69th Ave. Doc 96062030 Tigard, OR 97223 Rect: 167750 13.00 07/11/1996 09:48:58am 9664942 DEED OF FULL RECONVEYANCE The undersigned as Trustee or Successor Trustee under that certain Trust Deed described as follows: Dated: January 25, 1996 Recorded: January 29, 1996 Fee Number: 96007742 Book/Reel: Page: Re-Recorded Under: County of: Washington State of: Oregon Trustor: Jeffrey C. Paine Trustee or Successor Trustee: Transnation Title Insurance Company Beneficiary: West One Bank, Oregon having received from the Beneficiary under said Trust Deed, a written request to reconvey, reciting that the obligations secured by the Trust Deed have been fully satisfied, does hereby grant,. bargain, sell and.reconvey, unto the parties entitled thereto all right, title and interest which was heretofore acquired by said Trustee(s) under said Deed of Trust. Date: July 09,; 1996 TRANSNATION TITLE INSURANCE COMPANY Successor To TRANSAMERICA TITLE INSURANCE COMPANY James D. om s State of Oregon 1 County Of Multnomah ? ss 19 JJJ a~ U Personally appeared James.D. Thompson, who being duly sworn did say that he is the Assistant Secretary of Transnation W Title Insurance Company, a Corporation and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and he acknowledged said instrument to be its voluntary act and deed. y Before Me: E ~ o OFFICIAL SEAL o j a CAROLYN EDENHOLM a o r r: NOTARY PUBLIC-OREGON Notary Public for Oregon E COMMISSION NO. 049633 My Commission Expires: MY COMMISSION EXPIRES DEC. 11, 1999 i 0 (Seal) U Q ICS DPR-JT II I I , 1~ I ~ I I I C~l ~ I 3 0 13! h CT 'i r q v~ 7-0 I. O - ~ IN 4L O p