VAR2002-00037
NOTICE OF;TYPE I DECISION
SETBACK ADJUSTMENTS (VAR) 2002-00037, 38, 39 CITY0FT1GARDl•"
Commuraty OneCopm~nt "
CARNEY SETBACK ADJUSTMENTS SfiapuipABetkrCommuhity
120 DAYS = 2/26/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: CARNEY SIDE YARD SETBACK ADJUSTMENTS
CASE NOS: Front Yard Setback Adjustment (VAR) VAR2002-00037
Side Yard Setback Adjustment (VAR) VAR2002-00038
Street Side Yard Setback Adjustment (VAR) VAR2002-00039
PROPOSAL: The applicant has requested approval for three (3) Development
Adjustments to reduce the street side yard setback from 10 feet to 8
feet, the opposite side yard setback from 5 to 4 feet, and the front yard
setback from 15 to 11.25.
APPLICANT: Paul Carney \ OWNER: Same
Paul R. Carne~r, Inc.
1480 NW 102 d Avenue
Portland, OR 97229
COMPREHENSIVE
PLAN
DESIGNATION: Medium-Density Residential.
ZONING
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.
LOCATION: 12765 SW Bugle Court; WCTM 2S109AD, Tax Lot 8600.
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 the following condition of approval-. ° The
-findings and conclusions on which the decision is based are noted in Section, IV`;of "this
decision.
NOTICE OF TYPE I DECISION VAR2002-00037, 38, & 39 /CARNEY SETBACK ADJUSTMENTS PAGE 1 OF 4
CONDITION OF APPROVAL
THE FOLLOWING CONDITION SHALL BE SATISFIED`
PRIOR TO ISSUANGE OF A BUILDING PERMIT:
Submit to the Building Division for review and approval:
1. Prior to issuance of a building permit, the applicant shall submit a revised site plan
that indicates an 11.25-foot front yard setback, a 20-foot setback to the garage,
4-foot side yard setback, 8.5-foot street side yard setback, 15-foot rear yard
setback, and the tree preservation easement. (STAFF CONTACT: Morgan Tracy,
Planning).
SECTION III. BACKGROUND INFORMATION
Site Histo
e subject parcel is lot 30 of Elk Horn Ridge Estates, a platted subdivision. The 49-lot
subdivision was approved by the City of Tigard in 1998. Part of the subdivision approval
incorporates tree preservation easements on the majority of the lots, including the subject
site. The tree preservation area on this lot ks along the northern property boundary. The
property is a corner lot, bounded by SW 128 Place and SW Bugle Court, a private street.
Vicinity Information:
e property is ocated on the northeast corner of SW Bugle Court and SW 128th Place.
Site Information and Proposal Description:
The subject property is rectangu ar In -s ape and approximately 5,103 square feet in size.
The lot is vacant, and home plans are in for building permit review. The applicant is
proposing a new single family residence that will in all other manners comply with the
development standards of the zone. The applicant has requested the reductions to the
front, side and street side, in order to utilize the areas of the lot not encumbered by the tree
preservation easement.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
RESIDENTIAL ZONING DISTRICTS (18.510):
The development standards a affect this property are modified through the Planned
Development Overlay, as shown below.
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD - R-7 Standard Proposed
Minimum Lot Size
- Detached unit 5,000 sq. ft. 5,103 sq. ft.
- Duplexes 10,000 s q. ft.
Average Minimum Lot Width
- Detached unit lots 50 ft. 61.78 ft.
- Duplex lots 50 ft.
Maximum Lot Coverage 80% 44.6%
Minimum Setbacks
- Front yard 15 ft. 11.25 ft.(25% redux)
- Side facing street on corner & through lots 10 ft. 8 ft. (20% reduction)
- Side yard 5 ft. 4 ft. (20% reduction)
- Rear yard 15 ft. 22 ft.
- Side or rear yard abutting more restrictive zoning district 30 ft. N/A
- Distance between property line and front of garage 20 ft. 20 ft.
- Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e * 10 ft. N/A
Maximum Height 30 ft. Can be met
Minimum Landscape Requirement
NOTICE OF TYPE I DECISION VAR2002-00037, 38, & 39 /CARNEY SETBACK ADJUSTMENTS PAGE 2 OF 4
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
Section 18.370.020.6.1. provides that up to a 25% reduction of the dimensional
standards for the front yard setbacks and up to a 20% reduction of the dimensional
standards for the side yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.6.2, 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% reduction to the side and street side yards. This would
reduce the east side yard setback from 5 feet to 4 feet and the western street side yard
from 10 to 8 feet. In addition, the applicant has requested that the 15-foot front yard be
reduced to 11.25 feet. The setback to the garage will remain at 20 feet. The applicant's
request to reduce the street side to eight feet cannot be granted due to the presence of a
public utility easement (p.u.e.) along that side. While the p.u.e. is only eight feet wide, the
foundation would need to extend into the easement to support a wall built on the line.
Therefore, staff has determined that a 1'/2-foot reduction, from 10 to 8.5 feet is appropriate.
This will enable placing a foundation at the 8-foot p.u.e. boundary, with the structure's wall
being at 8.5 feet. The "desired effect" is to allow sufficient area for placing a house, with
an adequate rear yard. The tree preservation easement encumbers approximately the
rear 19 feet of the lot, forcing the house to move closer to the street and forces it to be
wider. The presence of the easement reduces the useable square footage of the lot by
approximately 150 square feet. The granting of the adjustments will add roughly 155
buildable square feet to the lot.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
The requested adjustment is to honor the tree preservation easement, and bring the house
footprint even further away from the trees. No other trees are impacted by the proposal.
Therefore, this standard is met.
The adjustment will not impede adequate emergency access to the site; and
The adjustment will not affect emergency access. The side yard setback exceeds three
feet, allowing emergency personnel access to the rear yard, and since the lot is a corner
lot, there is open access on two sides. Therefore, this criterion is satisfied.
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
The desired effect is to reclaim buildable area lost to tree preservation areas. The
requested adjustments (as modified) will result in an equitable transfer of area from the
rear of the lot to slightly increased buildable sides and front areas. It may be possible to
maintain some yards by further reductions to setbacks in the other yards through granting
of true variances, however, the proposal manages to achieve a balance between reduced
setbacks and separation from other properties. The most affected property is the lot to the
east, where the applicant has requested to reduce the setback from 5 to 4 feet. Even if
that lot receives an adjustment, there would remain 8 feet of separation between the
homes. Therefore, there are no reasonable alternatives to achieve the desired effect.
NOTICE OF TYPE I DECISION VAR2002-00037, 38, & 39 /CARNEY SETBACK ADJUSTMENTS PAGE 3 OF 4
SECTION V. PROCEDURE AND APPEAL INFORMATION
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 AS OF OCTOBER 30, 2002.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE OCTOBER 31, 2002.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Han Boulevard, Tigard, Oregon at (503) 639-4171.
October 30, 2002
organ Tracy-" DATE
Associate Planner
October 30, 2002
APPROVED BY-.- Richard Bew/sidoff DATE
Planning Manager
\\tig333\usr\depts\curpln\morgan\workspace\var\var2002-00037 (carney)\var2002-00037 decision draft.doc
NOTICE OF TYPE I DECISION VAR2002-00037, 38, & 39 /CARNEY SETBACK ADJUSTMENTS PAGE 4 OF 4
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13125 SW Hall Blvd
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Community Development Plot date: Oct 29, 2002; C:\magic\MAGIC03.APR
2S 109AD-08600 EXI SM,13
ELK HORN RIDGE ESTATES LLC
BY CENTURY 21/COLUMBIA REALTY
9020 SW WASHINGTON SQUARE DR
STE 100
PORTLAND, OR 97223
Paul Carney
Paul R. Carney, Inc.
1480 NW 102nd Avenue
Portland, OR 97229
of
• •
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
S(wpingA Better Community
I, (Patricia L. Luns{ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City ofTWardd, Washington County, Oregon and that I served the following:
{Check Appropriate Box(s) Below)
❑X NOTICE OF DECISION FOR: VAR2002-00031. 38 & 39/CARNEY SETBACK ADJUSTMENTS
O AMENDED NOTICE (File No./Name 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 a part
hereof, on October 30, 2002, and deposited in the United States Mail on October 30, 2002, postage prepaid.
(Person that repared tice
STATE o(F o EGOX )
County of WWask gton ) ss.
Oty of `Tigard )
Subscribed and sworn/affirmed before me on the l ! day of , 2002.
OFFICIAL SEAL
DIANE M JELDER
NOTARY PUBLIC-OREGON
COMMISSION NO. 326578
MY COMMISSION EXPIRES SEPT. 07, 200;1 NOT
My Commission Expires: 17o
SENT BY: PAUL R. CARNEY, INC.; 5032969691; OCT-2 2 3:51 PM; PAGE 1
1 %2 r"i002 14:22 503684729' City of Tleard fa 002
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ADJUSTMENT
l
l TYPE I APPLICATION
CITY OF TIGARD i 13125 SW HaA Blvd„ Tigard, OR 97223 (503) 6394171 FAX: (503) 684-7287
E 10 C--1
Property Address/L cation s): / Z' 6S S w q C'T." 7 -V FORUM USIRE 06
Tax Map & Tax Lot ';7 C f / ffh
Site Size: Case No.: ZG02 - OQD 3
Applicant': Other Case No.(s): "✓/4R200?rGt773g!VARurn-
Address: ° eV .`A, OZ Reoelpt No.: - IZS
City/State: .tr Zip;
Primary Contact: Application Accepted By: 7
Phone: - Z"06 Fm: a6 Date:
Property OwnerlDe Holder(s)*: (attach list if mace than one) Date Determined To Be Complete:
Address: Phone: Z '7- l0/-Z-9/O2
CitylState: &7W 772-2.4
Com PI n/Zone Designation:
When the owner a the applicant are different people, the applicant - -7
must be the purche' r of record or a lessee in possession with written
authorization from t owner or an agent of the owner. The owner(s) CET Area:
must sign this appll tion in the space provided on the back of this Recording Date and Number:
form or submit p n authorization with this application.
P POSALSU M Rev. 7112102 k%mupW4n4srveHeaftdJusWw1-1.dcc
The owners of recor of the subject property request permission for an
Administrative A stment to the following provlslon(s) of the
Community Develop ent Code (please circle one only):
>Dv "nwd Ad4k w,me„t - root Yard. lrftftr Seftoks and Lot Coverage REQUIRED 3UQMnrTAL ELEMENTS
eclat Ad %tnwft:
• Adjuehnents b a S slon
• Reduction of Resfdentiatoesuay ✓ Application Elements Submitted:
• ladmeov - Us*#Nsw SCeet Tmas
• Parking Acsl mlffmn Reduction In SUMV Lone Length Application Form
• PwWng Agpsbmn Reduction in M wrnum Patting for Traralt IrnpmvonwWEi A&V Mv. Owner's S netlNe/Wri ter( AuthoTlzati0
• Ssabeck Adiuwtmen Setbacks to Redum Tree Ra ix"
• Women caomunl Fad ity Adfustrner"- Dleta oo From Aiwftr Tower Title Transfer instrument or Deed
• Washington square Can6er bans
Site/Plot Plan (6 copies)
Please state the rea n r the Ad)uen t request: Site/Mot Plan (reduced 8%i x 11')
CR7 Applicant's Statement
(gddrossing Critetla Under Sec tim x10.020)
Filing Fee $205.00 X.Z
T ~ ~ .7• e vines
/I(//P'rr~o•.. wi,l7~ -T i^C~j•~~e%sr,S n'7~~•-wr.~~...y ~S/~s`° yCLt~
SENT BY: PAUL R. CARNEY, INC.; 5032969681; OM-2 2 3:52PM; PAGE 3/4
..vVC. 1~ff .4Y r u~aoo4~Ltf!• city or TIffard 12003
APPLICANTS:
To consider an app ration complete, you will need. to submit ALL of the EEOMCD SUBMITTAL IE EMEW as
described on the fro of this appiicatlon In the "Required Submittal Elements" box.
(Detailed Submittal R uirement lnfomiation sheets can be obtained, upon request, for an types of Land Use Applications.)
THE APPLICANT(S) HALL CERTIFY THAT:
♦ he violate any d2ed restr[Mons that mmy be aftchad to or Impgled n the
♦ If the appfica in Is granted, the applicant will exercise the rights granted in accordance with the terms and subject to
all the conditl is and limitations of the approval.
♦ AN of the statements and the statements In the plot plan, attachments, end exhibits transmitted herewith, are
true; and the ipplicants so acknowledge that any permit Issued., based on this application, may be revoked If it is
found that an such statements are false.
♦ The applicant es read the entire contents of the application, including the policies and criteria, and understands the
requirements approving or denying the application.
SIGNATURES of 2AM owner of the subject property.
Z
ATED this day of C?J ~S4
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ApplicantfAti idorizo Agent Sig Owner's natu
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Owners Signature Own" SkWtLu*
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13125 SW Hall Blvd.
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200200000000004125
Date: 10/29/2002
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2002-00037 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2002-00038 [LANDUS] ADJUSTMENT 100-0000-438000 102.50
VAR2002-00039 [LANDUS] ADJUSTMENT 100-0000-438000 102.50
Line Item Total: $410.00
• Payments:
Method Payer User ID Check No. Approval No. How Received Amount Paid
CreditCard CINDY CARNEY MET 025849 Fax 410.00
Payment Total: $410.00
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SENT BY: PAUL R. CARNEY, INC.; 5032969681; OCT-2 02 2:19PM; PAGE 1/2
10/24/200 < 13:25 FAX 503 •0345 PACIFIC N N TITLE ~ ®002/003
PACIFIC NORTHWEST TITLE OF OREGON, INC.
Mo SW Washington Square PA, mite 170, Mptd, Olt 9M3
PI1oe.: (soa)671-0640
BUYERS/BORROWERS CLOMC STA'I'SN>Mr
FINAL
Buyoffiomw ? Paul R. Carney, Inc. F=aw Na: 022184464 = WRR
Clone Dace: 101182082
Ptastion Deis: 16/1812002
Data Pngmmd: HIM=
Aeferanoeirl:
RdMan 02:
Property: 30 Elk Morn Mgt Retataa
ard, OR 97324
TOTAL ON-
Total oration $70.000.00
Money 10,000.00
pepos' Clare 65,824.22
PRO 8 AND ADJUSTMENTS.
County _atxes FIM 10/18!02 To 07101M 692.22
an dw Annual amoota of 5986.95
ESCROW GES
Escrow ee to Pacific N&&WAA ]'h!o of Oregon, lnr- 75.00
RECORD FM
Record Deed to Pacific Nonhwest Thle of Oregon, Inc. 22.00
Counry at►sfer Tax to Paclflc NasthweR Title of Oscgan. Inc. 35.00
ADDMO C.kURGn.
E/ M leased for Lot 35 to Pacific NW Tide 3.000.00
Sub Tow 75,82422 75,82422
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Touts S75.82422 S75.92422
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- 5032969681; OCT-2JJ2 2:20PM; PAGE 2/2
')ENT 8Y: PAUL R. CARNEY, INC.; n e &TILK ~0o3"ooa
Title No. M21 OW
Eris No. =104"
AAW . I mm To:
Paul caw, Inc.
Mo losad Avaaae (Za e~ 1 b-l1_ B
Or 97229
11~e7~ 4L ~rpYe" nlim%ammma &Ilb.mtOath.
Peal I~aey, Inc.
1460 102ad Avenue
Or 97229
STATUTORY WARRANTY DM
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as oor bTwhad 1isbfiy compom (ksamr, cmveys and vvarrsots m M IL C M Wy, kc_, m Oregon Cwrpoctpfom,
Mxale, MOV&S domW real patty free of mcmab me & =up as aped sat ftM hertz sift is
V uh, Calwy, OrcgM4 to wk:
Lot 30, EO&N RIDGE MAIM, & 0,o Car of Tim* CwWy of Wades ad Sem of 0&~
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17m& ium% Rranfct m Amm W the Plan of M Hasa Ridge and comm" Cbmadms and
atrecoed vMcb bmoht ~e ptvpeety m the area in whicL mie jeopaty is ]a~od.
THIS IIQ WILL NOT ALLOW VSB 0$ TIM PROPWY OESOtMb IN TM5 MsTREM42 3T IN
vIOLATI OF APPLICA= LAM USE LAWS AM REGULATION& WWOM $W NW OR ACoagM Q THIS
WSTR TIC ?lKWN ACQt MMO PRO TIM TO TAX PRQPBZtTY mmDULD t341= WTIH T*$
AFi'RO TB QTY OR COUNTY PLAMMO b13PAXTmm-rr To VtuY Ap ovzD u= AND TO
b ANY LOTS ON LAWS= AQAWST FARMING OR FOREST PiAcHMS AS DgFDM W ORS
30.930.
The mac ' atim► ibr tL;a ccaiwyanee is 570.000.00. (8ae comply wft Qw rcp*=mW of ORS 93.030)
natal this ! .2W2
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Psiaeipal of Mk Flom Bilge BatiSm LLC, kwom to me to ba fm identical iaQividaol via a mud the vtddn
nosh9mml oWledQod to me that be eocecated Ete fame $seety and v~nhatEor~.
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SENT BY: PAUL R. CARNEY, INC.; 5032969681; OCT-2 -02 3:52PM; PAGE 4/4
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