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VAR2002-00010
EXHIPITI NOTICE OF TYPE I DECISION VARIANCE (VAR) 2002-00010 CITY OF TIOARD FERNANDEZ SIDE YARD SETBACK ADJUSTMENT Community Development Shaping A Better Community 120 DAYS = 7/6/2002 SECTION I. APPLICATION SUMMARY FILE NAME: FERNANDEZ SIDE YARD SETBACK ADJUSTMENT .CASE NO: Adjustment (VAR) VAR2002-00010 PROPOSAL: The proposal is to reduce the side yard setback from 5 feet to 4.6 feet in order to accommodate a 91 square foot storage shed. APPLICANT/ OWNER: Juan and Melanie Fernandez 12701 SW Sorrel Dock Ct. Tigard, OR 97223 LOCATION: The property is located at 12701 SW Sorrel Dock Ct.; WCTM 1 S133AD, Tax Lot 13900. ZONING AND COMPREHENSIVE .PLAN DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed, to accommodate attached single-family homes, detached single- family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION NOTICE OF TYPE I DECISION VAR2002-00010 - FERNANDEZ SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 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. CONDITIONS OF APPROVAL There are no conditions of approval associated with this decision. 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 site is located within the Summerlake Subdivision. The proposal is to reduce the side yard setback from 5 feet to 4.6 feet in order to accommodate a 91 square foot storage shed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.2.a provides that up to a 201/6 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 reduction to the side yard setback from 5 feet to 4.6 feet. The "desired effect" is to place a 91 square foot storage shed on the site. The size of the parcel is approximately 6,000 square feet. Placing a storage structure in the rear yard would minimize the potential use of the already constricted lot. Therefore, by allowing the side yard setback adjustment, the applicant achieves the desired effect without compromising the usable open space of.the lot. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are associated with this request. Therefore, this criterion does not apply. The adjustment will not impede adequate emergency access to the site. The request is for a side yard setback adjustment in order to place a 91 square foot storage shed on the side of the home. The front of the home will remain unchanged. Therefore, emergency access to the site will not be impeded. NOTICE OF TYPE I DECISION VAR2002-00010 - FERNANDEZ SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 • • There is not a reasonable alternative to the adjustment, which achieves the desired effect. The desired effect is to place a 91 square foot storage shed on the site. The side yard is the most reasonable place to put the shed due to the constricted size of the lot. If the shed was to be placed in the rear yard, it would be taking up valuable private open space and accessory buildings are not allowed within a front yard. Therefore, the requested adjustment to the side yard setback creates the least impact to the property while achieving the 'desired effect. FINDING: Based on the analysis above, staff finds that the development adjustment criteria are satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION A side yard setback 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 MARCH 8, 2002, AND BECOMES EFFECTIVE ON MARCH 9, 2002. 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. March 8. 2002 PREP E egger DATE Assistant Planner r c March 8. 2002 -"Z~A - APPROVED BY: Richard Bew rs orff DATE Planning Manager NOTICE OF TYPE I DECISION VAR2002-00010 - FERNANDEZ SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 Q -J~ G OW GT G OW w COMBINE ST p P > GEOGRAPHIC IN FORYATIOM bYbTEY J U VICINITY MAP A OE LN CLEVELAND TARPAN VAR2002-00010 A LN R° FERNANDEZ SIDE YARD SETBACK ADJUSTMENT P M FERR~I CT I- 0 SCN0 LS N SPRANG • ~OOp ~ /'(A?'LQRS FERR SITE DR V, I sLi~ ' _i r+ CTS `w9U`TY29J QPV O' ` 0 i- BONnA% a? BEA D U) 5 ui Q 8~F 8END RD~i 1. DURHt.M ~'_RG ' _ SVV AN O N WA Tigard Area Map J J A N ~G N M O~ DAKOTA o 200 400 600 Feet MT 1•= 403 feet ~F F T EDG A CT • City of Tigard- Information on this map is for general location only and Y Z should be verified with the Development Services Division. :r 17 13125 SW Hall Blvd rZl ~G Tigard, OR 97223 Q SUMMER ST (503) 639-4171 ,n http9lwww.ci.tigard.or.us Community Development Plot date: Mar 8, 2002; C:\magic\MAGIC03.APR N O n - ~ N GARAGE asp sq n 1 3088 ~ I NOOK) uT1~1fY'~~ {`pj itr1N k 107 sq 35 sa n J~ . tttee 2468 ~ 3030 . 6488 ~ Up `°0 a ` BAT" ] -i- p7 sq GI Is 2668 ° ~ DIVING 309 sq n g p1NING y° 147 son M z S70RAGE g t sq ft" ~"'r 4040 S { - 14 f --4'- J/~ 1S133AD-13900 • FERNANDEZ JUAN & MELANIE s ~j d 1!, 12701 SW SORREL DOCK CT TIGARD, OR 97223 AFFIDAVIT OF MAILING CITY OFTIGARD Community /Development ShapingA Better Community 1, Patricia L. Lunsfond being first duly sworn/affirm, on oath depose and say that I am a Senior gdministrative SpeciaCut for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑ NOTICE OF DECISION FOR: VAR2002-00010/FERNANDEi SIDE YARD SETBACK ADJUSTMENT o AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit'W, 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 a part hereof, on March 8, 2002, and deposited in the United States Mail on March 8, 2002, postage prepaid. i41 (Person that P ared oti ) S , 49E OF OPEGON County ofWashington ) ss. City of 11i and . Subscribed and sworn/affirmed before me on the day of , 2002. r My Commission Expir 917 ZO ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION T Property A dress/Location(s): 7 Sl tJw>✓(1J1~ t 4. , UC 12 a--) FOR STAFF USE ONLY Tax M & Tax Lot #(s): [S UMa Site Size: Case No.: - Applicant*: Other Case No.(s): Address: 701 (e Receipt No.: City/State: Zip: cl a Primary Contact) . 7Y2e(&✓1 y,4, Application cce ted~lBy: Phone: 5273 - S~iU- ~JS~~l Fax: .5a3-'D-d51~7 (~c~ Date:- I (o P perty Owner/Deed Holder s)*: (Attach list if more than one) G°d- (Yln t;e. ia4 Date Determined To Be Complete: Address: if- Phone: City/State: Zip: Comp Plan/Zone Desi nation: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) CIT Area: must sign this application in the space provided on the back of this Recording Date and Number: form or submit a written authorization with this application. PROPOSAL SUMMARY Rev. 11/1/01 is\curpln\masters\revised\adjustment-t.doc The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): )-Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS )-Special Adiustments: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density Application Elements Submitted: ♦ Landscaping Adjustments - Existinoew Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length / Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal © Owner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower 0 Title Transfer Instrument or Deed ♦ Washington Square Reg. Center Density Adjustments /Site/Plot Plan (6 copies) Please state the reason for the Adjustment request: 0 Site/Plot Plan (reduced 81/:"x 11 4 Applicant's Statement x+ 11 l (Addressing Criteria Under Section 18.370.020) Filing Fee $100.00 d 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 property. ♦ 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 , 20 Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 006/2002 16:39 5035248849 u:+ FERNANDEZ Mtt u/200;; 10.30 FA.T 6065 so PAGE 02 CITY OF TIGAitD a t)02 APPLICANTS: To cansidsr an application complete, you gilt need to submit ALL of the REOUI n SU SAL ELE EM as described on the front of this sAvOcatian in the " uired Suhmittsl Elements" box. (Detailed SUbmlttal Requirement Information sheets can be obtained, upon request, for aU types of land Uss Appl'i%Wons,) THE APPLICANT(S) SHALL CERTIFY THAT: • The ndii _Ueat does not vtolaW_any deed restric - ns that t")av attacl~d t2 91 tmnosvd un a lh" subl nroogrt~r, • It the application Is granted, ft sppGwnt will exercise the rights granted in accordance with the terms and subject to all the conditions aid limitations of the approval. • All of the above statements and the statements in the plot plan, atteahments, and exhibits transmitted herawtth, are bw: and the awdimrtts so acknowledge that any permit WwW, based on this application, may be revoked If It is found that any such statements are false. • The appkent has read the entire contents of the application, inGuding the policias and cdte+rla, and understerids the requirements for approving or denyatg the application. SIGNATURES of Ugh own#r of the subject property. DATED this day of Al 20ff, aw Sl911tature Ownses Signature ownaft Signature t7wrtW* ftnature 2 _ Receipt 27200200000000000840 T l 0 E M A R K Date: 03/06/2002 NOW COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. VAR2002-00010 q M N Amount Due 100-0000-438000 ' Payments: $100.00 Method Payer 1 Bank No Acct Check No Confirm No. Check MELANIE SPAKE FERNANDEZ Amount Paid 0 1247 0 • $100.00 " TOTAL AMOUNT PAID: $100.00 MELANIE' SPAKE FERNATVDEZa r 7i t' 12701 ;I SW SORREL DOCK CT t ,t•• S -V', # "os TIGARD OR 972Z3-.1961 5~: Pay %GSD, GPI $ ra• otQitir- 'ASr µ ta~'y 'f : '-Wells Fargo Bank I'tD RATHER HE GOLF NG rr3625.5outheasY39ch • ?K Portland OR97 2 www.wellsfarg'ocom~r~ t. 03/06/2002 16:39 5035248849 FERNANDEZ • PAGE 03 Monthly ,NJ OMage Statement Wells Fargo Home ,Mortgage, Inc. Correspondence X2501-01 T Customer Service - Online Loan nwmber 1 Home Campus yourwellsfargomongage.com 3748987 Des Moines IA, 50328 Pbu►+e Regular mail Payments (800) 262-5294 P.O. Box 30600 Fax, Los Angeles CA 90030 (515) 237-7070 77Y Deaf/Hard of Hearing Overnight email payments (800) 945-0399 666 Walnut Street 1/68800X0C3748987027# NDT H Suite 400 Dcs Moines, IA 50309 025736 Home loan facts Property address JUAN FERNANDEZ 12701 SW SORREL DOCK MELANIE FERNANDEZ TIGARD OR 97223 12701 SW SORREL D= TIGARD OR 87223-1881 Principal balance as of 0225/02 Important Messages Ihh- It 1;I..I. 111111.. Ih'I111ItIII III111-.1III,,,,,,IIIJ„I $17,587.54 Yt»irMo s" This is your principal balance Your Wayl Wayl only. For your payoff balance, please call Customer Service. Online access to yowr mortgage Interest rate lets you review your balance, P - payments, taxes 6. interest. Ay4wnt Current payment Interest paid - year-to-date forn,ati e too -w $1, tom: 24 - $248.94 Log on to Overdue payment(s) $ .00 Tares paid - year-to-dote YottrWewarrim Unpaid late e charges °rig°ge'°0m $ •.00 $.00 Other charges S .00 ,Escrow balance $1,063.08 THINKING ABOUT A HOME EQVrN'LOAN? Total a ment Now is a great time to p Y E1,169.24 consolidatr your bills with a Activity Since Your Last Statement Wells Fargo Home Equity Loan or Lisle of Gedit. -We've also Date Description TOW Principal Interest Escrow Late charge Mss` ::lade sit easy lasr call 02/25 PRINCIPAL PUT fl 1-888-237-310S 0S to speak to one . . 1000.00......fit 000.00...... our Home Equity Specialists. 02/25 PAYMENT of ............f1I169.74 .......=780.64 .5119:03...... 69:~ry LXM 1113- aovuoa for vaur reeordLi 16969MRnn 1 LOLounm* • ,~zf y' 4 9,;p 70, 1 ~ fir,. b ~ ~1390"WO. ~ 2 19 `S `~8" 0,3 aa~cEav~ ~8, O was o e iaoi wn`E~ow ,wa,~ 0 FAMILY 30se 510 sq ft GARAGE 460 sq It o NOOK I 107 sq n f - i UTILI35sg 24 11168 UP2468 • _ 3030 ~ ~ - J 2488 0 F -f-- BATH 27 sq 4088 O LIVING x O DINING k 309sgtt • 147 sq ft 1 i f4) STORAGE m 91 sq ft i -S J i i 4oao { J J~ I 1 1 _ t f 1 _ ~ r . r. r 1 I t- • t.. i 1 r 1 r I i ~ 1 r. 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