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VAR2003-00035
EXHIBIT A NOTICE OF TYPE I DECISION SETBACK ADJUSTMENT (VAR) 2003-00035 CITY OF TIGARD FIELD REAR YARD SETBACK ADJUSTMENT ShCotntnmtittteComment apin~A Betteronnnunity 120 DAYS = 9/10/03 SECTION I. APPLICATION SUMMARY FILE NAME: FIELD REAR YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2003-00035 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the rear yard setback from 15 feet to 12 feet. The adjustment is requested to provide adequate area to construct a deck and walkway off the rear of the house. APPLICANT: Scott Field OWNER: Scott and Donna Field 14170 SW 116th Terrace 14170 SW 116th Terrace Tigard, OR 97224 Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5 (PD); 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: 14170 SW 116th Terrace; WCTM 2S1106A, Tax Lot 08400. 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. The findings and conclusions on which the decision is based are noted in Section IV of this decision. NOTICE OF TYPE I DECISION VAR2003-00035/FIELD REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Histo . The subject parcel is lot 9 of Evergreen Springs, a platted subdivision. The subdivision was approved in the Cit of Tigard and is subject to the standard underlying zoning setback standards. No Ci y land use records were found which affect development on this parcel. Vicinity Information: The property is located near the cul-de-sac bulb on 116th Terrace, south of SW Gaarde. Site Information and Proposal Description: The subJ'ect property is trapezoidal in shape with the street frontage wrapping partially around the south side yard, where the cul-de-sac bulb starts, and approximately 8,000 square feet in size. There is an existing house built in 1999 with a small rear deck. The existing deck encroaches 3 feet into the rear yard but is only large enough to accommodate a landing and stairs for the back door. The applicant has requested the 3-foot reduction to the rear yard to reconstruct the small deck and expand it south where it can be widened and made more useable. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS RESIDENTIAL ZONING DISTRICTS (18.510): The development standards that affect this property are modified through the Planned Development Overlay, as shown below. TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD - R-4.5 Standard Proposed Minimum Lot Size - Detached unit 7,500 sq. ft. 8,088 s.f. - Duplexes 10,000 s q. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 80 ft. - Duplex lots 90 ft. Maximum Lot Coverage Minimum Setbacks - Front yard 20 ft. 22.5 ft. - Side facing street on corner & through lots 15 ft. 34 ft. - Side yard 5 ft. 19.5 ft. - Rear yard 15 ft. 12 ft.' - Side or rear yard abutting more restrictive zoning district N/A - Distance between property line and front of garage 20 ft. 22.5 ft. - Side Yard Setbacks for Flag Lots [TDC 10 ft. N/A 18.420.050 A 4 e ' Maximum Height 30 ft. Can be met Minimum Landscape Requirement • Adjustment required. DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.B.1.b provides that 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 18.370.020.13.2, 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; NOTICE OF TYPE I DECISION VAR2003-000351FIELD REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 The applicant has requested a 20% reduction to the required 15-foot rear yard setback. This would reduce the setback from 15 feet to 12 feet. The "desired effect" is to allow sufficient area to reconstruct the existing deck and extend it around to the side of the house where it can be widened for more recreational use. Due to the placement of the existing house 16 feet from the rear property line, the proposed walkway between the existing back door and new wider deck area would only be 4 feet wide with the adjustment. This is the minimum comfortable width for a walkway. As mentioned in the applicant's narrative, an alternate door location is not feasible due to the interior layout of the house. 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. The adjustment will not impede adequate emergency access to the site; and The adjustment will affect the rear 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. Due to the placement of the existing house, and the interior configuration of the rooms, the requested adjustment is the only reasonable alternative to allow access to a deck with reasonable square footage for recreational purposes. The existing deck serves primarily as an egress and stair landing, with the stairs leading away from the more useable portion of the property. The applicant's proposal offers a good compromise by replacing the deck that currently encroaches into the rear yard setback and extending it to a location where it can be widened outside the setback limits. SECTION V. PROCEDURE AND APPEAL INFORMATION A rear 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 DECISION IS FINAL ON MAY 20, 2003, AND BECOMES EFFECTIVE ON MAY 21, 2003. Questions: I 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. • May 20, 2003 PREPARED Y: Morgan Tracy DATE Planner May 20, 2003 APPROVED BY: Richard Bewersdoilff DATE Planning Manager is\curpln\morgan\workspace\var\var2003-00035 (fieid)\var2003-00035 decision.doc NOTICE OF TYPE I DECISION VAR2003-00035/FIELD REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 > CITY of FAIRVIEW LN Q GEOGRAPHIC INFORMATION Sy5TEM = VICINITY MAP EN VIE M VAR2003-00035 Q - FIELD REAR YARD T SETBACK ADJUSTMENT GAARDE ST GAARDE ST 1: IT Ir- a, ILL SITE RS FER ! RD aE y ao J'~N SUL'~Y.f11R I BGNITA - D LL BEND DURHA RD 1 r^ O A Tigard Area Map MCFARLAND BLVD c" A N 0 100 200 300 400 Feet 1"= 321 feet WILDWOOD S City of Tigard U E CT 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) 639-4171 httpJfwmv.ci.tigard.or. us Plot date: May 20, 2003; C:\magic\MAGIC03.APR Community Development SITE PLAN N 15' PUBLIC STORM II DRAINAGE EASEMENT Q EL 292' S891 0'00"W 80.50' EL 285' U w w cn co T 015.000 ~9? i90 of ~ 0 21' Sri Y m 00 W F- 22.5' V) 0 Z- O (NNg 2 STORY WOOD 00 FRAME HOUSE o w I Of 16.0' 0 00 Ud W ss 11900 S.F. a o COVERAGE W U) o q °o H ~ •o° DRIVEWAY 0 H N PRO OSED~ °o r+ DE K Z 12.0'+ I oc E' ~ LOT NEW AIRS X98 ~9 E REEN S INGS ° EL 289' 89 SQ. EL 300' ;0 4" DECIDUOUS T T 8400 2 -10AB as 6°. ~L ? - 00 S~ LOT 10 TAX LOT 8500 EL 300' OWNER/APPLICANT n ZONING: R-4.5 SCOTT & DONNA FIELD 14170 SW 116TH TERRACE IMPERVIOUS AREA: 2500 S.F. f TIGARD, OR 97224 (503) 620-3314 VA 3 -'66- 2S110BA-08400 FIELD SCOTT F & DONNA E 14170 SW 116TH TER EXHIBIT TIGARD, OR 97224 AFFIDAVIT OF MAILING CITY' FTIGARD Community Development Slu:pingt7 Better Community 1, Patricia L. Lunsfond being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specidut for the city ofTWard, Washington County, Oregon and that I served the following: (Check AW00= Box(s) Bel-) ❑X NOTICE OF DECISION FOR: VAR2003-00035/FIELD REAR 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"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 May 20, 2003, and deposited in the United States Mail on May 20, 2003, postage prepaid. (Person th repare ice) STATE OAF' OREGON County of Washington )ss. City of Ward Subscribed and sworn/affirmed before me on the day of , 2003. r OFFICIAL SEAL J BENGTSON NOTARY PUBLIC•OREGON COMMISSION NO.. B086 MY COMMISSION EXPIRES APR. 27, 2007 MY Commission Expires: 'i M, I r j 0 ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION r ^ Property Address/Location(s): 1HI' 10 S W 11(D~ -`c ffucL f,q . 012 Of 7 2Z%4 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Let Ss4oo. Man 25- I -1oRC3 sang SP Site Size: Case No.: _z3, ()y"3_57 Applicant*: Seea7i, F'i~ld Other Case No.(s): Address: ILA%-I0 -w It(ten Tcrle.(C-- City/State: Tacar4 t 02 Zip: 9'7224 Receipt No. ~~3 Primary Contacts Ld Application Accepted By: Phone: ( 5e3) 5&A,4& - oil Fax: 5tz t.7.4-g-V Date: ~ ~~'J v 3 Property Owne /Deed Holder(s)*: (Attach list if more than one) SP.esr . Dcmv)& G'ectJ~ Date Determined To Be Complete: Address: 140c> ~ w 11 L AX Te=rr&L*-. Phone: (,2n- 33i %4 City/State: TT he, 'q• :Zip: R-72t(4 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): :Development Adjustment - FrontYard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS YSoecial 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 (]u' Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ~y ♦ Setback Adjustments - Setbacks to Reduce Tree Removal [2 Owner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower 21" Title Transfer Instrument or Deed ♦ Washington Square Reg. Center Density Adjustments (Site/Plot Plan (6 copies) , Please state the reason for the Adjustment request: E] Site/Plot Plan (reduced 8Y;x 11) Applicant's Statement (Addressing Criteria Under Section 18.370.020) (i tl01,J -2k0 6-V%.S1v✓n 6~ 6L ►n P Y-LSa 1h!$ M .,"Filing Fee $205.00 o n c r ~,l JAM- I/'- -s eA 6 r, C,lt -~fi.tn ~1~ QXLt -~y>G ~ct~lc , . 1 t r 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 17Aday of 20tS N Applicant/Authori ed Agent Signature Owner's Signatur Owners Signature Owner's Signature 2 CI IT UP' 'I'lGAltl) 5/14/2003 13125 SW Hall Blvd. 1:28:11 PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000001956 Date: 05/14/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00035 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 Line Item Total: $205.00 Payments: Method Payer User ID Acct/Check Approval No. How Received Amount Paid Check S.F. FIELD KJP 1341 In Person 205.00 Payment Total: $205.00 -TT 19 7076/3250 13 4-1 r #s S F FIELDS ,r - ,4a4010725z t 14170 SW. ,116TH TERRACE - TIGARD,'OR -W2243762 3 DATE f. PAY TO THE i i ORDER OF,, DOLLARS. w ##"rWashington Mutual' 4 rv .-.Washinggtcon.Mut t8ank, - { _ TlgarC Towne Square = _ . 'F54 SW. OuRiam~RoaC 1-SM15&8000 r rd. OR 97224 _ 24 hour C.Wnm, Servmce . - _!f 4 i - i NOTES ' .r_ Page 1 of 1 cReceipt.rpt 05/09/03 FRI 10:58 FAX 1 50 74 5472 CUSTOMER SERVICE Z001 Fidelity rational 'Title Company The Closing Company Prepared For: Prepared By: Amanda Uerlings Scott Field Information Services Department Westlake Consultant 401 SW Fourth Avenue - Portland, Oregon 97204 Phone: (503) 227-LIST (5478) Fax: (503) 274-5472 E-mail; csrequest@5nf.com OWNERSHIP INFORMATION Owner : Field Scott F & Donna E Ref Parcel Number : 2S110I3A 08400 CoOwner 7: 02S R: 01W S: 10 Q: 250 Site Address : 14170 SW 116th Ter Tigard 97224 Parcel Number : 82082951 Mail Address ` . 14170 SW 116th Ter Tigard Or 97224 Map Number Telephone : Owner. Tenant: County Washington (OR) SALES AND LOAN INFORMATION Transferred : 07/12/2002 Loan Amount : $238,000 Document # :79026 Lender : Washington Mutual Bank Sale Price : $297,500 Loan Type : Conventional Deed Type : Warranty Interest Rate : Fixed % Owned :100 Vesting Type : Estate By Entire PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMA'T'ION Map Page & Grid :655 C5 Mkt Land :$89,200 Census : Tract: 319.05 Block: 3 Mkt Structure :$179,160 Subdivision/Plat : Evergreen Springs Other Neighborhood Cd : WTIG Mkt Total $268,360 Land Use : 1012 Res,Improved % Improved : 67 Legal : EVERGREEN SPRINGS, LOT 9, ACRES .19 02-03 Taxes :$3,310.71 Exempt Amount Exempt Type Class Code : R14 Levy Code :02374 Millage Rate :15.6423 M50Assd Value :$198,750 PROPERTY CHARACTERISTICS Bedrooms .3 Lot Acres :.19 Year Built :1999 Bathrooms . 3.00 Lot SgFt -8,276 E,ffYearBlt -.2000 Heat Method : Forced Bsm Fin SgFt Floor Cover : Hardwd Pool Bsm Unfint SgFt Foundation : Concrete Ftg Appliances Bsm Low SgFt Roof Shape Dishwasher Bldg SgFt :2,551 Roof Mad : Composition Hood Pan IstFir SgFt :1,107 InteriorMat : Drywall Deck : Yes Upper Flr SgFt :1,444 Paving Mad : Gravel Garage Type : Attached Porch SgFt Const Type ; Wd Studlshtg Garage SF :770 Attic SgFt Ert Finish :227 Deck SgFt :45 This title Information has teen furnished, without charge, in eonfonnanm vrith the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate Insureds. Indiscriminate use only benefiting intermediaries mi not be permitted. Said services may be discontinued. No iiabiiity is assumed for any errors in this report. 05/09/09 FRI 10:58 FAX 1 50 74 5472 CUSTOMER SERVICE • a002 ~j w neffi 'Qm- 2002-079026 07n21=2 02:13:10 PNI \ p.DW ta,at 7 O MGRFlM" \ g6.0IN 010.eel11.00g]70.o0 •TOhI~e,aa , Title Order No. 00221 0 014 14,11111111101110111111111 ARU gceerding ttOwn Te: %h 2oil hC!{Pd W nOrretall cWr Scott F. Field de nnwb catlMtad tM warm, tIMNM111 ct'~a 14170 SW 116th Tecate ~M M: 0119 of We of Tigard, OR 97224 sdd~ewb. .anr6lbn.waneer sapvowd~rdTUSdws 0-0lDme Ctnmry Uwe Y Unfit a d mpp Is roguested ol1 tmc sW-ta shill bo sonr to the fotlawb* eddmas: Scott F. Field 14170 SW 116th Terrace Tigard. OR 97224 WASHINGTON COUNTY E O FEE PAO IO DATE STATUTORY WARRANTY DEED Cindy R. Johnson and Michelle Paulson, Grantor, conveys and warrants to Scott F. Field and Donna E. Field, as tenants by the entirety, Grantee, the following described oral property free of encumbrances, except as specifically set forth herein situated in Washington County. Oregon, to wit Lot 9, EVERGREEN SPRINGS, in the City of Tigard. County of Washington and State of Oregon. `S This property is free from encumbrances, EXCEPT: All remaining items of record. 2002.2003 Property Taxes are a lien not 0 yet due and payable. THIS INSTRUMENT WQ.L NOT ALLOW USE OF THB PROPERTY DESCRIBED IN THIS INSTRUMENT IN IJ VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO • THE PROPERTY SHOULD CHPCK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS VC, 30.930. >L~O The taste consideration for this conveyance is $297,500.00. (Here comply with the nxryirements of ORS 93.030) Dated this /1~ o !Ud R RAI-) N.. Cindy n Michelle Paulson by Cin . Johnson as her attorney In tact STATE OF ORTGON i ss County of Washington J On this r„k& before me, the uuiders4ped personally appeared the within named Cindy R. Jobnson and Michelle Paulson known to me to be the idcndcnl individual's who excreted the within instrument and acknowledged to me that they executed the same freely and voluntarily. d~ Adab~ t7rrI01AL Sf AL Nobv~ Public for the State o Oregon KARCN L FA9IO NOTARY PUBUC-OREt30N My commission expires: COMMISSION NO. 957431 MY COMNISSION ExPIR6S NAY27, 200 May 13, 2003 City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: Request for Rear Setback Adjustment Dear Staff: My wife and I as the owners of the subject property and the applicants are requesting an adjustment to our rear setback requirement in order to expand an existing deck. The property address is 14170 SW 116`" Terrace and is identified as tax lot 8400 on Assessor's Map 25-1-10AB. The subject property and all adjoining properties are zoned R-4.5 having a rear setback requirement of 15 feet. Presently there is a single family residence sited on the property with the back of the house being about 16 feet from the rear property line. There is a substantial crawl space under the house on the back side due to the slope of the lot, resulting in the first floor being approximately 12-15 feet above grade on the rear side. The door from the first floor of the house exits onto a small deck 4 feet wide and about 10 feet long with a long flight of stairs running to the back yard along the side of the house. It is our desire to construct a larger deck that we can use for recreational purposes. The attached photographs show the location of the small existing deck and the site plan depicts the proposed deck along with other pertinent information as required. We are requesting that the setback be reduced to 12 feet under Section 18.370.020 of the Tigard Development Code. A reduction up to 20% of the dimensional standards for the rear setback 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 present deck already encroaches into the setback to a point between 12 and 13 feet from the rear property line. The proposed deck will not extend any further into the setback but instead will wrap around the side of the house. Because of the door being on the rear of the house it is necessary for the deck to extent several feet out from the house and into the setback. It will only be 4 feet wide however which is the practical minimum width for the walkway portion leading from the door to the main deck area. Relocating the door to one of the walls adjacent to the deck is not practical due to the interior layout. Y r • The adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be impacted by the adjustment or the construction of the proposed deck. The adjustment will not impede emergency access to the site; The proposed deck is on the rear of the house. There is no vehicular access to the back of the house or the adjoining property along the rear property line. Emergency access to the site is from the street along the front side of the house. Access by foot to the rear of the house will not be impeded in any manner by approval of the adjustment. There is not a reasonable alternative to the adjustment which achieves the desired effect; It is our desire to construct a deck for recreational purposes. Our lot is smaller than most in the subdivision due to the configuration of the original property. The neighboring properties within the subdivision either have decks or the ability to build one without having to go through the adjustment procedure. We would like to access the deck from the house itself. The rear exit currently opens onto a small deck that serves no practical purpose except as a landing for the stairs. Our proposed plan is the only practical one that minimizes the impact to the setback and still allows us to enjoy the same activities as those shared by all of the.surrounding properties A final consideration, while not a specific requirement for approval, is safety. The present stairs are very long and steep with a concrete landing at the bottom. A fall down them could cause severe injury or even death. We have two small children who use these stairs for access to the backyard. When it rains they can be slippery and we are concerned for their safety as well as that of ourselves and guests. We plan to remove these stairs and build a new flight from the deck. Because of the grade of the lot, the deck will be lower to the ground with the new stairs being significantly shorter and safer. Thank you for your consideration of our request, if you require additional materials please let me know. Sincerely, a Scott Field • - ~'^444'.~ "rte.`... °~Y. Y'..~i`.,-`.z.,..i u, ...yy...~o-u.>✓.w .~1 a r - c t p c ..s--~.~~ c~_- fr.-. - T. .•X-.~T..Wf~c--i_..t.....~~_,~~""w~ri.., _ _ '6,.,Y,' ~ •+A v r ' r i - > y. - .una^'~nle . 9. , r . h i _ 'ate -~.,Sv a.>•',.,,^+ ~.,~:^n ~ _ _ - - i LTA { s a r 2f©v& ~,~c<<rs 6 (t vu Qwej I It y S 1+, li "~F III y t y, •x - t t ~ u