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VAR2002-00030
EXHIBIT A NOTICE OF TYPE I DECISION VARIANCE (VAR) 2002-00030 CITY OF TIOARD FERNANDEZ SIDE YARD SETBACK ADJUSTMENT Comumnit~ ~ID)e ee ;)F:'neat yfia a _J *tterCoMkani 120 DAYS = 01/0412003 SECTION I. APPLICATION SUMMARY FILE NAME: FERNANDEZ SIDE YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2002-00030 PROPOSAL: The applicant received approval to reduce the side yard from 5 feet to 4.6 feet on March 8, 2002 in order to accommodate a garden shed addition: After reconsideration of the size of the addition, the applicant is now requesting the full adjustment of 20%, which will reduce the side yard setback from 4.6 feet to 4 feet. 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 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 VAR2002-00030 - 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History and Proposal Description: The applicant received approval to reduce the side yard from 5 feet to 4.6 feet on March 8, 2002 in order to accommodate a garden shed addition. After reconsideration of the size of the addition, the applicant is now requesting the full adjustment of 20%, which will reduce the side yard setback from 4.6 feet to 4 feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.2.a provides that up to a 20% 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 4.6 feet to 4 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. There is not a reasonable alternative to the adjustment, which achieves the desired effect. NOTICE OF TYPE I DECISION VAR2002-00030 - FERNANDEZ SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 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 'l 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 SEPTEMBER 10, 2002, AND BECOMES EFFECTIVE ON SEPTEMBER 11, 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. September 10, 2002 PREPAR D Y h Scheidegger DATE Assi tant Planner 2,~~W CA4 -X September 10, 2002 APPROVED BY: Richard Bew orff DATE Planning Manager NOTICE OF TYPE I DECISION VAR2002-00030 - FERNANDEZ SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 R FAMILY 30M 510 sq ft - I Q R7 GARAGE j 460 sq ft , m o i CS11 NOOK 107 sq fl' UTILITY _ ( 35 sq fl ( I (WH) r I L_.:: M 2488 11188 ~ . s X030 i ~ ~ 1 i ' I 2488 ! n° Ilj. I R - X11 t BATH I_ it uP o O 27 sq 4088 . _ ~eae TJJ f - V J 369 sN n f DINING q 147 sq ft Q _ n i STORAGE I t `f 91 sq ft 4040 ~Ct \ I I I f TARP CITY of - . TAIL LN GEOGRAPHIC INFORMATION SYSTEM n R° VICINITY MAP L PL ~~RRY VAR2002-00030 GN\ l~T SGNo~~s FERNANDEZ SIDE YARD SETBACK N ADJUSTMENT SPRANG app p O DR w SpRR ls_ R O °C pct W mow. r CG FFS' H - dry k BEARD ST CT- Z) M co V 6EFS BEND~~ ,l%1FhA I F~ ~ n S w ~ N WAY • ~ Tigard Area Map t N ~G N L 0 100 200 300 400 Feet `O 1'= 3D4 feet i Cityof Tigard T EDGEWATER E Information on this map is for general location only and should be verified with the Development Services Division. _ 13125 SW Hall Blvd Tigard, OR 97223 (503) 6394171 httpJ/www.ci.tigard.or.us Community Development Plot date: Sep 9, 2002; C:\magic\MAGIC03.APR • • VA-k~DOo`Z - ODDz 1S133AD-13900 j~ FERNANDEZ JUAN & MELANIE EXHIP1T 12701 SW SORREL DOCK CT TIGARD, OR 97223 AFFIDAVIT OF MAILING CITY OFTIGARD Community rDevefopment ShapingA Better Community I, (Patricia L. Luns{ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of 7igar ,'Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) D NOTICE OF DECISION FOR: VAR2002-00030/FERNANDEI SIDE YARD SETBACK ADJUSTMENT ❑ AMENDED NOTICE (File NoJNarm 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 Exbibit'B", and by reference made a part hereof, on September 10, 2002, and deposited in the United States Mail on September 10, 2002, postage prepaid. (Pe on th P e ed N ice) STATE O'F OP9GON County ofWas ington ) ) ss. City of gard ) Subscribed and sworn/affirmed before me on the day of _Lon, 2002. OFFICIAL SEAL NOTARY PUBLI _OREGON P t DIANE M JELDERXS NUTARY PUBLIC OF UREG/My COMMISSION NO .326578 MY COMMISSION EXPIRES SEPT. 07, 2003 MY Commission Evirgif- q1-7 Zo ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX. (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): FOR STAFF USE Y_._,, r~ Tax Map & Tax Lot #(s): /Slag ,0917 TXar LOT.& 900 u5rm :9 f Site Size: Case No.: Applicant*: S/ug,v 777717 177,77A77,97A Other Case No.(s): 61 Address: 4270/ -QN RREL VCK CT © V City/State: T 6w eep f Dk Zip: 97,2 ,2 3 Receipt No.: Primary Contact: ~Tc/Aa, Application ccept/e11d B Phone: ,Sp 3 - o°S o2S/- ~/3 6 Fax: Date: U Property O ner/Deed Holder(s)*- (Attach list if more than one) Date Determined To Be Complete: ~ Address: T Phone: Cf A City/State: :Zip: 11 Comp Plan/Zone Designation: * 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. 7/12/02 is\curpln\masters\revised\adjustment-1.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): ➢DevelopmentAdjustment-FrontYard,InteriorSetbacksandLot,Coverage REQUIRED SUBMITTAL ELEMENTS >Special Adjustments: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ✓ /Application Elements Submitted: ♦ Landscaping Adjustments - Existing/New Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length [9/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 Title Transfer Instrument or Deed ♦ Washington Square Reg. Center Density Adjustments / ~i Site/Plot Plan (6 copies) Please state the reason for the Adjustment request: [ Site/Plot Plan (reduced 8t/2"x 11") Applicant's Statement (Addressing Criteria Under Section 18.370.020) Filing Fee $205.00 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 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 p/- day of fd -20 Applicant/Authorized Agent Signature Owner's Si nature Owner's Signature Owner's Signature 2 Receipt 27200200000000003340 Date: 09/06/2002 T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due VAR2002-00030 [LANDUS] ADJUSTMENT 100-0000-438000 $205.00 Payments: Method Payer ank N Acct Check No Confirm No. Amount Paid CreditCard J. FERNANDEZ DCP 0 062379 $205.00 TOTAL AMOUNT PAID: $205.00 • • r ~~06/2002 16:39 503524s~9 FERNANDEZ • PAGE 03 Monthly Mortgage Statement Wells Fargo Home Mortgage, Inc. C. Correspondence X2301-01T Customer Service - Online Loan rtumber 1 Home Campus yourwellsfargomonage.com 3748987 Des Moines IA, 50328 Phone Regular mail payments (800) 262-5294 P.O. Box 30600 F'ax Los Angeles CA 90030 (515) 237-7070 TTY Dea f/Hard of Hearing Overnight mail paymeitu (800) 945-0399 666 Walnut Street BWNDXCT H Suite 400 Des Moines, IA 50309 /6880003748987027# 025736 Home loan facts F-perty address JUAN FERNANDEZ 12701 SW SORREL DOCK MELANIE FERNANDEZ TIGARD OR 97223 12701 SW SORREL DOCK TIGARD OR 97223-1881 Principal balance As of 0225/02 Important Messages 111nIh 1111111ff)1Ill. n1)1(111111 1.1n1 $17,587.54 YourMortgagts" This is your principal balance Your Wayl only. For your payoff balance, please call Customer Service. Online access to your mortgage Iftwest rate lets you review your balance, Payment X40 - payments, taxes fr interest. 0 ~i-.._.. l~amwpdare yot-puma dt--._.__ r - Current payment Interest paid - year-to-date infornraeio,11 too. ,168.24 $248.94 Log on to Overdue payment(s) $ .00 Taxes paid - year-to-date YottrWelisFaMa)Wor%gage.eom Unpaid late charges E .00 $ _00 Other charges $ .00 Escrow balance THINKING ABOUTA $1,063.08 HOMEEQVrN'LOANd Total at payment $1.139.24 Now is consolid a atr your bills with a Wells Fargo How Equity Loan or Activity Since Your Last Statement Line of Ciedit. We've also made it easy. ust callle 888- DatE Description Totes! Principal interest Escrow Late ebarge Misc e 237 02/25 PRINCIPAL. ...PMT... $1 ~000.00 ....~1f000:0p of our How Equity Specialists. 02/25 PAYMENT ............f1~169~24 .......=78044 $119.03 ....269.57 IX= -w-vocUon for vour records.) 1490MR11f) i tocouen e N R FAMILY 3068 510 sq ft GARAGE g N 460 sq ft OI NOOK:; 107sgft` UT 35 ILITY L - 11168 1. WH, 2486 3030 1 UP O BATH , 21 ~q ` 238 TJJO~ LIVING ` • DINING k 309sgft Q y 147sgft o Sys ~1~~ 00, STORAGE i t 91 sq ft' f 4046 1 I