Loading...
VAR2003-00005 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE-(VAR) 2003-00005 CITY OF TIGARD MARSHALL SIDE YARD SETBACK ADJUSTMENT Community(Devetopment ShapingA Better Communi 120 DAYS = 5128/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MARSHALL SIDE YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2003-00005 PROPOSAL: The proposal is to reduce the required side yard setback from 5 feet to 4 feet on the eastern side of the lot to accommodate the footprint of the proposed home. APPLICANT/ OWNER: Marshall Building & Development Co. P.O. Box 91551 Portland, OR 97291-0551 LOCATION: The property is located at 13758 SW Alpine View; WCTM 2S1096A, Tax Lot 8700. 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 VAR2003-00005- MARSHALL SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 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 History: The subject site is part of the Daffodil Hill Subdivision. No other land-use cases are associated with this parcel. Site Information and Proposal Description: The proposal is to reduce the required side yard setback from 5 feet to 4 feet on the eastern side of the lot to accommodate the footprint of the proposed home. 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. eastern side yard. setback from 5 feet to 4 feet. The "desired effect" is to provide additional space in the form of a "nook" in the bonus room of the proposed home. The requested adjustment is the least required to achieve the desired effect and has minimal impact to the adjacent 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. The front of the home will remain unchanged. Therefore, emergency access to the site will not be impeded. NOTICE OF TYPE I DECISION VAR2003-00005- MARSHALL SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 There is not a reasonable alternative to the adjustment, which achieves the desired effect. There are no other alternatives that would achieve 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 FEBRUARY 04, 2003, AND BECOMES EFFECTIVE ON FEBRUARY 05, 2003. 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. February 4, 2003 PREPA D athew c eidegger DATE Assistant Planner February 4, 2003 APPROVED BY: Richard Be sdorff DATE Planning Manager NOTICE OF TYPE I DECISION VAR2003-00005- MARSHALL SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 EXHIBIT Marshall Building & Development Co. VAR2003-00005 PO Box 91551 MARSHALL SIDE YARD SETBACK Portland, OR 97291-0551 ADJUSTMENT AFFIDAVIT OF MAILING CITY OFTIGARD Community rDeveCapment Sgapingfl BetterCommurtity I, Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdmimi trative SpeciaCut for the City of TWar~4Nashington County, Oregon and that I served the following: (Check Appiopiate Box(s) Below) MX NOTICE OF DECISION FOR: VAR2003-00005/MARSHALL SIDE YARD SETBACK ADJUSTMENT o AMENDED NOTICE (File NoJName 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 FebruarV4,2003, and deposited in the United States Mail on FebruarV4,2003, postage prepaid. (Perso at Pr d tike) 77 SZA`E OF OREGON County of Washington )ss. City of Ward Subscribed and sworn/affirmed before me on the day of, 2003. OFFICIAL SEAL DIANE M JELDERK8 NOTARY PUBLIC-OREGON NOTARY PUBLIC OF 0 MY COMM~SSIAONSEXP RES SEPT807, 2003 Nly Commission Exp s: Z' v ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION I Property Address/Location(s): ~•o~ 11 ~1~1/ tgtp FOR STAFF USE ONLY Tax Map & Tax Lot #(s): t S,y 25/a 0314- 27 00 Site Size: 5150 Case No.: V p`~ ~0 3 oo 0,4-5 Applicant*: oo V o,U- 10. Co Other Case No.(s): Address: 3D. 2200 3_ o 0 3 d City/State: 1 A .?a o Zip: 1_ 1 Receipt No.: 7 Primary Contact: Pt L~cXr- SCAR a Application Accepted By: _ Phone: Stv-5 7U0_' 4571 Fax: !$D2, -M . • 355°1 Date: ~ 0 3 Propert y Owner/Deed Holder(s)"': (Attach list if more than one) hp&e*}AtW_ Date Determined To Be Complete: Address:%6cw. R11M Phone:. 5c)"'Lot 1-LSrc City/State: pa xo0AA ,-yA. 2 t9 Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant IC7 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. 7/12102 i:lcurplntmasterstrevised\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,InteriorSetbacksandLotCoverage REQUIRED SUBMITTAL ELEMENTS >Special Adiustments: ♦ 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 ❑ Application Form ♦ Parking Ad ustments -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 ❑ Site/Plot Plan (6 copies) P lease state the Cason for the Adjustment request: ❑ Site/Plot Plan (reduced 8%"x 11") /L.0 sfim~ltok -Id Sl ~~aQ.10 S~ ~T ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) ❑ Filing Fee $205.00 1 • _ ~u.u F4M=JR numtZ) rHUt lac R+ daK: (-plot bh- complete, you will' need td'subrilt ALL of the REQUIRELI SUBMITTAL ELEMENTS as ' o'ri I rAi1t t,tfils application In the Requlredtubmittat Elements box. - Suq i':Raqutrement Information shoots can be obtained, upon request, for all types of Land Use Applications.) 1 `Li ),SHALL CERTIFY THAT: -does ast violate a deed restfg119116 that be ittachad to or IM12oulld o the lhe'', tailgO ls•granted, the applicant will exercise the rights granted in. accordance with the terms and subject to II the fJJ.Wno end limitations of the approval, l'nf:t '•sabQv'stst9tements and, the statements In the plot -plan, attachments, and exhibits transmitted herewith, are o; `1Me; ppllcants so acknowledge that•any permit issued, based on this application, may be revoked it it is uriq' ysu'ch statements are false, s ; `114 he:eht;ftati read the entire contents of the application, including the policies and criteria, and understands the gUlr '114-Aor approving or denying the application. SIGNATURES of each-ownerof the'subject property. bA TE_ this day of , 201Z21-- +~5,; j I td t, Aft dAgent Signature Owner's Signature Lit r,, 1I 2 Too 411 VeT ITT eO0OP±TJ•%O esse-etz( q) 'mul aeu5isep.•~~~ Iwyws ),p I "led h , CITY OF TIGARD 1/24/2003 13125 SW Hall Blvd. 1:17:15PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000000307 Date: 01/24/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00005 [LANDUS] ADMIN VARIANCE 100-0000-438000 205.00 Line Item Total: $205.00 Payments: • Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check PATRICK SCHMITT DESIGNER KTP 3682 In Person 205.00 INC Payment Total: $205.00 N N PATRICK SCHMITT, DESIGNER INC. _ 3682 PH. 503-768-4573 5126 SW MARIGOLD ST. 96-605/1232 PORTLAND, OR 97219 b 12 DATE z PAY TO THE ORDER OF CJ~1T_Q~i $ Ins CENTENNIAL S BANK PACIFIC CORPORATE CENTER OFFICE 502-963.9Do6 6610 SW CARDINAL W, TIGARD, OR 97326 FORpAfI-4WE, f 3 ILS Aff PJ;S 3,r O HARLAND 2000 R^ paaF,1r: D Lot 13 Daffodil Hill Tigard, Oregon Adjustment Type I Application to the City of Tigard Prepared by: PATRICK SCBMITT, designer Inc. 5126 S.W. Marigold Street Portland, Oregon 97219 For Goodlet/Marshall Building & Dev. Co. P.O. Box 91551 Portland, Oregon 97291-0551 January 24, 2003 Lot 13 Daffodil Hill Application Package Contents • Applicant & Consultants • Completed and signed Adjustment Application form • Copy of Deed • Written statement • Proposed building plans, including: ■ Site plan ■ Front Elevation ■ Main Level Floor plan ■ Upper Level Floor plan Lot 13 Daffodil Hill Applicant & Consultants Applicant: Goodlet/Marshall Bldg. & Dev. Co. PO Box 91551 Portland, Oregon 97291-0551 503-297-1881 Contact person: Mike Goodlet Designer: Patrick Schmitt, designer Inc. 5126 S.W. Marigold Street Portland, Oregon 97219 503-768-4573 Contact person: Patrick Schmitt Geotechnical Consultant: Geotechnical Resources Inc. (GRI) 9725 SW Beaverton Hillsdale Hwy. Portland, Oregon 97005-3364 503-641-3478 Contact person: Dwight Hardin Structural Engineer: John W. Parkin Consulting Civil & Struc. Eng. 500 Washington Street Vancouver, WA. 98660 360-694-8378 Contact person: John Parkin Property Description: Lot 13, Daffodil Hill Site Size: 5,950 Sq. Ft. Zoning: R7 Existing Use of Property: Vacant Proposed Use of Property: New Single Family Residence i ° vdli'N rrw rue= Paosowt AePnEeeNTnnve s 0690 paNmva w cwwdw, STATE OF OREGON t County of WaehltWon. J Syr , r of Assesttsty-- - STAT umt o ~ AeZ the wit roved co `mot d re ' 1 said :Y\I P\/Itl'\ N\RN Ha AbwH county . Mcei% A at 4 . aaeaw AnY>t N1m. \rW AdataH $we RESIMED and/e . ' A rr aesra.na• alum m (N\ms, AoanH, irq: FOR No. - &♦JOn, Eno- ark eoT~e J. ~lnrshall rtect»tDEmsusE ~;0,.•liu~ +&Wk 91?9a..... DOC 2001049657 PgUjtnci,,, Rect: 279646 827.00 eeW"gV*oad When tt..\\nd pt UN \tMNKrtN to laurM. Add-IV): 05/29/2001 DE1:42:558ID ~aJliC_eli, IJ)Q~(e WASHINGTON COUNTY 2oDf.048BS/ By PERSONAL REPRESENTATVE'S DEED THJS INDENTURE dated . by and tknwecll P?tUIIiVE I• 1V~$. the duly appnintcd, quulified and acting personut ruproentadvc of file estate of __M-A.LA_. ZL.I1)SIK___.___-_________________ deceased, hereinafter called the tirst party. at>,! J.., -HALL - itercin:drer call;tl the Aeeond party; wrmass ..,n-i: For vah.r reevived and the cAmNidentitm hen•iuatler swied. Iltu first party Alts gnntxl, attained, sold and ennveycd, and by these prescata ,Ides grant, bmgain, sell and cromey unto the st:t:ond party and :u:cond patty's heirs, ntccersora and assigns all the estate, right aco interest of the eat to 9f the deceased, wht•:her acquired by operation of the law or otherwise, in that certain real prop- any situated In :ho County of __?15!?znton-.__. State of Oregon, described as follows, to-wit: See attached legal description.... . WA.91iiNGT0N MUM REAL PRCPERTY TRANSFER TAX !q ri, At . OQ 61 FEE PAID GATE t (.F SPACE a'IS:.FI.f. rlrT, CONTINUE O(FSORIPTAN ON M'gRn) I T'O H,VVE AND TO HOLD the same unto the second party, and second party's heirs, successors-in-interest atad assigns forever. 'the Irt+t: and actual consideration paid for this Itsasfer, stated in terms of dollars, is 3 800 ~OOJ a',f3j1Q6Qr.% IF, Ira, w IN WITNESS WHEREOF, the first party hams eexcetiittted this instnment; if first patty it a corporation, it hits lvaaed its frame to he signal ;mil its srtl, if any, affixed by an officer Or other peraou duly authorized to do so by orda jroard of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF TY.E PROPERTY DESCRIBED IN Pauline J . Jkrv THS NSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REG- ULATIONS.BEFOFESIGNI.VGORACCEPTING THIS VATRUMENT.7HEPERSON A000IRING FEE "TLE TO THE PROPERTY SHOULD CHECK WITH THE APPit3- PRIA7E CITY OR COUNTY PLANNOtGOEPARTMEYTTO VERIFY APPROVED USES ; ANDTODETERMINE4NYLIM:TSONLAWSUITS AGAINST FA,AMINGDAFOREST PR4CTICcS AS D%` NE) IN ORS 30.930. Penuttal Rcpr++t ututivc STATE OF OREGON, County of t~ashin~ton ~ C3, Thle instrument wm ;acknowledged Actor.: me on ._.i_................ by •---Pauline .J. llavis This instrument was acknowledged before me un by as of ! 7'YI__...17~~/Ju o"-FIGAL SEAL Notary Public for Orcgon~ Af MC DOLIGALL My cotntnission expires NOTARY PW_IC•OREGOI. '.;:CaatvrSSION NO V6Y)d Y4 A RM ..1p Order No: 22523? Im"L DESCRIPTION R tract of land situated in the Northwest ne-quarter of Section 9, Township 2 South, Range 1 West, of the N12:a;,1ettQ Meridian, in the County of Washington and State of Oregon, iid be-'n3 more particularly described as follows: i Beginning at the Northwest corner of Lot lt'.. pla: of Three Mountains Estates; thence along the West ifte of said Plat North 00101120" West, 13.55 feet to the Soutt:east cc:-ner of the parcel described in Deed retarded as Fee No. 9209:•?65: thence South 06017109" west 375.09 feet along the South :ine of said parcel to the Southwest corner of Tract C, Hillshire ;ummit No. 2; thence South 00001'4e" East along the Bast bcundar of Hilishire Summit No, 2 to the center of SW Sul: Mountain Ror:) tCcun:y Road No. 147 1/2); thence Easterly along the center line of said road to tre Southwest corner of Parcel 1 as described i:,.Harranty Deed recorded as Fee No. 89-30271; thence Nor:h along the Wes: line of said Parcel 1 and Lot 10, Three Mountains E:stato%, to :r,e trae point of beginning. TOGETHER WITH the :allowing described prope -y-. Tract C, Hillshire Summit No. 2, Washington Ccur.ty,.Oregon. EXCEPTING THEREFROM that portion as described in Ced'_caticn Deed recorded on June 20, 2995, as Fee No. 95042',1;7 . SURTHER EXCEPTING THEREFROM that portion ly'nq within S:4 Bull Mountain Road (County Road No. 247 1/2) Lot 11, Daffodil Hill - AdJAent Application 1/24/2003 Page 1 Adjustment Application Written statement Project Location: Lot 13, "Daffodil Hill" 13758 S.W. Alpine View Tigard, OR 97224 City of Tigard Summary of Adjustment request(s): 1. This application is for an adjustment to reduce the required eastern side yard setback by 20%. In the proposed plan, we are considering the rear yard to be the southern most portion of the site, which abuts lot 16 and the eastern side yard to be that area which abuts lot 12. The current required side yard setback is 5'-0", the 20% reduction would reduce this to 4'-0". Overview of site and existing conditions: • The site fronts onto SW Alpine View and is surrounded on both sides and the rear by existing single-family home sites. Currently, all lots directly adjacent to this site are vacant. The site is relatively flat with a gentle roll down hill from west to east. Applicant's Response to Approval Criteria (A through D) of section 18.370.020 (adjustments) item B(2). Section 18.370.020 Adjustments - 2(B) Approval Criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a) A demonstration that the adjustment requested is the least required to achieve the desired effect; b) The adjustment will result in a preservation of trees, if trees are present in the development area; - c) The adjustment will not impede adequate emergency access to the site; d) There is not a reasonable alternative to the adjustment, which achieves the desired effect Lot 11, Daffodil Hill - Adjoent Application • 1/24/2003 Page 2 Response to approval criteria A through D a) This proposal meets criteria A because: • While the proposed nook bay could be eliminated and the remaining space inside the house could function as a nook, the applicant feels that the addition of the nook wall extensions serves two purposes. First, it provides additional space to the nook area making. this area more functional as well as esthetically pleasing while inside. The addition of the angled walls and windows also helps to provide better visibility to the rest of the rear, and side yards and thus a more positive & secure connection from indoors to out. Secondly, the addition of the bay provides an additional architectural amenity to the rear facade of the house. • The applicant also feels that the addition of the small bay, being minimal in size, is no more intrusive into the rear or side yards than a fireplace chimney, which is permitted. Thus, the impact to the adjacent properties is negligible. b) This proposal meets criteria B because: • There are no existing trees on site. C) This proposal meets criteria C because: • There are no foreseen impediments to emergency access to the site as a result of this adjustment. d) This proposal meets criteria D because: • To the best of the applicant's knowledge there are no alternatives to the proposed adjusted setback that would better suit the intended purpose. O POINT ` ' - _ - PATB=Vb5 M ClIq W/ Y. P. C. "BURTON ENG." \P~ ~2> ill 0 10 20 SITE PLAN MOTES ?5'11, .,hh~,• ~ ~ ` = ~ 4 • ....a~M 6.1 W llgl 50.1 M.B. • SITE oalsA~~E o ,~se Ao- 6 477 S.F..o° -49.89 o_- • h - - Lar aoveRAGE O LOT 48 r54s_ S.F. ~4 a I I I I auu cws«.r. .a. r... A O N n N AT w I I i rn oelar CONTROL Not>:>~ "__4 a 0 ' i-Bf Ol co Y uLLm..oMm Y,1.i,.c oo 9 ~~~.1.7`S • •_r Ol f~ 1"F,~-ri 1-• I I IO Wa Y4PIm M/110D/Qd A/AiD CR MID. Vl ' n e. 5. 0. LEGEND Am s~'" RECORD I I (A d I • ® pT W.TIOfLRMMIXRA ~ 1 ~ Cfj - I SETBACK LINE I -1- 6F ' M"'~y mnwx w«~a~ * I MITIGATION TREES PER DEv. PLANS J N _ _I _ nT w«ns«no.m.'oo csua o.r.e.a. -....n ca.wcna~ M«.r.a C , mn«n 1w,r.• 00 0 ~n - - - - Dda j--Yu,2= P1= st.vm .r[ LK 1.1R1/fQll fOMW/ N ~91& E 0 - f5.33' 5. 0 55.0 ti >r 13 z B~ 1- p + + _ N U A 40% ADJJSTMW TO THE REAR 1 W YARD SETBACK NA3 BEEN GRANTED 1 . } r~ ` - tt FOR THIS SITE O -SEE CASE No. VAM9M-00011 ..T FINAL AP ROYAL o..d ~,.,....4M« .o.., . o BY DATE® `V' _ 2 n;~i-Uirone rrOJecrs - roiaer NO. 1 o LWrbor Umtom HomesU)attbdil Hill\Daf Hill Lot 12 (PS-1261-02)\Daffodil Hill- Lot 12-Set(PS-1261-02) -Revision 1-10-03.dwg, Front] HP OfficeJetRMd 91-I ur G, Va. . U•-i au• II I ~ i I ~ I I I I I iI I II I I I -l I II I I I I I i I ❑L - - - - i II I I I r--------------- I I I I o I I 1 m I I ® _I I I I NAASTER SUITE IS/8 X 100 GREAT ROOA1 ® I I 17/10 X T7/9 I I { I 1 I is [ape a Q ~l ~ ~ I I fV ~ 1 I ' I I 00 I I ~Q I I I I 1 ~ I 1 ' I I Q ~ 1 I I ~ ® I I i I I y ~ . LIP IAR ® . I I I I 0 7 1 I i .d DINING ROOM - - - - - I 9 12/81 Hn i w o I I 1 1 I I L---------- C ~ I v~ I Mp x r.- - - - - - - - - - - ~ I I I 1 7 I I I I STUDY / LIVING Rlk i . GARAGE I 13/6 X 5/6 I 22/0X 2U6+ 9 ' h I o _.~-t-: i i rmreia x I I I I I I U r--- I I S ~ \ i i I I s I I I I I 1 a I o I I I 1 a I I I I I I z I I 0 w !MAIN LOOR - 2,161 sq. ft. FLR. 589 eq. ft. it 'd RM. 346 ft. MAIN FLOOR PLAN V.• , P-dr OTAL ■ 3,102 sq. ft. GE b11 eq. ft. Gti 1 I N 9 ~ I I I I 0 1 1 1 I I I I ~ I ~ I •g N I 1 I I I [OR 1 4 12/0 x 12/0 I I ~ I I I 1 1 1 I I y I u• tw . I M I - I 1 1 I 1 1 I I I c I I I • i B@ROOM 3 10/64 X 11/0 q I I I S j TO g I ee~au I I I BOND ROOM i j 16ia x tan. I 1 I I x ~ I 1 s a ° I 1 I f 1___~ ~_~r I I L-----------J L--~ L I I w 1 I 1 c 1 I I I z b _ L______________J O w o UPPIR FLOOR PLAN w~