VAR2003-00101
0 EXHIBIT
NOTICE Of TYPE I DECISION
SETBACK ADJUSTMENT (VAR) 2003-00101
CITY OF TIGARD'
ommunity ECK REAR YARD SETBACK ADJUSTMENT ShaCping.A (Better Community
120 DAYS = 3/24/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: ECK SIDE YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2003-00101
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the minimum rear yard setback from 15 feet to 12 feet. The
adjustment is requested to construct a house on an irregularly shaped
lot.
APPLICANT: Steven Eck OWNER: J&S Concrete, Inc.
Eck Construction, Inc. PO Box 516
PO Box 204 Dundee, OR 97115
Sherwood, OR 97140
COMPREHENSIVE
PLAN
DESIGNATION: Medium-Density Residential.
ZONING
DESIGNATION: R-12: The R-12 zoning district is designed to accommodate a full
range of housing types at a minimum lot size of 3,050 square feet. A
wide range of civic and institutional uses are also permitted
conditionally.
LOCATION: 11765 SW 98th Avenue; WCTM 1S135CD, Temporary Tax Lot KE216
(Lot 16 of Kalamoiika Estates II).
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 VAR2003-00101/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 4
SECTION III. BACKGROUND INFORMATION
Site History:
The subject parcel is part of Kalamoiika Estates Number II, a platted subdivision. The
subdivision was created in 2003 which redivided two larger parcels from Kalamoiika
Estates Number I. The resulting division was reviewed and approved under the City's
development code. Kalamoiika Number I, approved November 8, 2001, contained
conditions that restricted access to SW 98th Avenue, as it was previously designated a
"Minor Collector". When the Transportation System Plan was adopted in 2002, SW 98th
was reclassified as a "Neighborhood Route". The subsequent subdivision review removed
these access restrictions for SW 98th. No other specific conditions affect this particular
proposal. The property is an interior lot.
Vicinity Information:
The property is located on the west side of SW 98th Avenue.
Site Information and Proposal Description:
The subject property is trapezoidal in shape and approximately 2,728 square feet in size.
While the minimum lot size in this zone is 3,050 square feet, lots may be reduced to 80%
of the minimum lot size, provided the other lots in the subdivision average out to the
minimum requirement. The rear property line of the subject site runs at an approximate 30
degree angle from parallel in relation to the front property line. The resulting lot
configuration is a rectangle with a truncated corner. The narrow lot width forces the
garage up to the front, which is subject to a 20 foot nonadjustable setback. With the
standard 15 foot rear yard setback the lot depth for the building footprint is 32 feet on the
short side, and 57 feet on the longer side. The applicant is proposing a new single family
residence which will in all other manners complies with the development standards of the
zone. The applicant has requested the 3-foot reduction to the rear yard setback to
accommodate a reasonable house footprint.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
RESIDENTIAL ZONING DISTRICTS (18.510):
The development standards that affect this property are as shown below.
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD - R-12 Standard Proposed
Minimum Lot Size
- Detached unit (lots may be averaged to 80% of minimum) 3,050 sq. ft. 2,728 sq. ft.
- Duplexes 6,100 s q. ft.
Average Minimum Lot Width None N/A
Maximum Lot Coverage 80% -60%
Minimum Setbacks
- Front yard 15 ft. 18 ft.
- Side facing street on corner & through lots N/A N/A
- Side yard 5 ft. 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. 20 ft.
- Side Yard Setbacks for Flag Lots DC 18.420.050 A) 4 (e) * 10 ft. N/A
Maximum Height 30 ft. Can be met
Minimum Landscape Requirement 20% -40%
* Adjustment required.
NOTICE OF TYPE I DECISION VAR2003-001 01/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 4
•
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 18.370.020.6.2, 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 adjustment is being requested to allow the structure to protrude into the rear yard
setback by three feet. The lots were created through the Kalamoiika Estates Number II
Subdivision SUB2003-00002. Based on the existing lot pattern from Kalamoiika Estates
Number I, the rear yard of the subject site is oddly configured. To accommodate the
density on the site and provide sufficient land area for a home site on the abutting
triangular lot, the lot was also forced to be small. Because this lot is irregularly shaped and
is of minimal size, this request is the minimum relief needed to allow placement of the
home.
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.
Because of the size of the lot and the odd configuration, there are no other reasonable
alternatives to the placement or orientation of the home that would achieve the desired
affect.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A side 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 AS OF DECEMBER 2, 2003.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE DECEMBER 3, 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.
NOTICE OF TYPE I DECISION VAR2003-001011ECK SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 4
Aou. December 2, 2003
PREPA D BY: Morgan Tracy DATE
Associate Planner
vezooe~04 L December 2, 2003
APPROVED BY: is and Beavers DATE
Planning Manager
is\curpln\morgan\workspace\var\var2003-00101 (eck ka1amoiika)\var2003-00101 decision.doc
NOTICE OF TYPE I DECISION VAR2003-00101/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 4 OF 4
VED
F WAS
P'ry SAL J )
LC OF
TIGAFO PL"NING g)IVISIU CITY OF 7'leM)U
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PROIIRTY
LINE 92.73' - - -
IC >
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FENCE \ I \ 6ARAOE
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00
LOT/I~ $
\ 2,728 S.F.
1~ ~•m \ ]•eraxY
I \ ONaLE FAMILY RESIDENCE
te'-m•
LINE 1
N 1
SIT PLAN L TA5/'
SCALE V8"4-0" LOT
LOT SIZE 2,128 $Q. FT
LOT COVERAGE
HOUSE PERIMETER WEAVE 1069 SQ FT
COVERED PORCH 12 60 FT
TOTAL LOT COVERAGE 1141 60 FT
LOT COVERAGE 2,128 SQ. FTY106S 80 FT 3'Z%
OCT 1
1 S135CD-1 1400
J & S CONCRETE INC EXHIBIT
18285 NE RIBBON RIDGE RD
NEWBERG, OR 97132
STEVEN ECK
ECK CONSTRUCTION, INC.
PO Box 204
SHERWOOD, OR 97140
AS CONCRETE, INC.
PO Box 516
DUNDEE, OR 97115
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Sftaping,4 (Better Community
1, cTatricia L. Gu Q being first duly sworn/affirm, on oath depose and say that I am a Senior)fdminiwative Specialist for
the City of7igarashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
D NOTICEOF DECISION FOR: VAR2003-00101/ECK SIDE YARD SETBACK ADJUSTMENT
C 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 December 2, 2003, and deposited in the United States Mail on December 2, 2003, postage prepaid.
(Person tha reps Notice
SVg2E OF MGON
cqun ~ of ~ FFt~irrgton $S.
~g ,
City j
Subscribed and sworn/affir ed before me on the day of , 2003.
rr• OFFICIAL SEAL
n J BENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007 /
MY Commission Expires: (a7
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
GENERAL INFORMATION
Property Add /Location(s): &AA icJ
7"/Q~j EGG' FOR STAFF USE ONLY
Tax ap & Tax Lot #(s
Site Size: Case No.: V I~} aao3 ao 0
Applicant*: Other Case No.(s):
Address:
City/State: Zip; Receipt No.: Q 003 - y Oy
Primary ontact: Application Accepted By: C
Phone (,r,-1,7) Fax:~~f Date: Io -aq -03
Property Owner/Deed Hold (s)*: Attach list if more than one)
Date Determined To Be Complete:
Address: O
46' - Phone: ,r?td Den Res /P,-I.
City/State: Zip: Z
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)
must sign this application in the space provided on the back of this
Rev. 2/28/2003 is\curpln\masters\revised\adjustment-1.doc
form or submit a written authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the REQUIRED SUBMITTAL ELEMENTS
Community Development Code (please circle one only):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>Special Adjustments: ✓ Application Elements Submitted:
♦ Adjustments to a Subdivision
Reduction of Minimum Residential Density Application Form
♦ Landscaping Adjustments - Existing/New Street Trees [Owner's Signature/Written Authorization
♦ Parking Adjustments - Reduction in Stacking Lane Length
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ICJ Title Transfer Instrument or Deed
♦ Setback Adjustments - Setbacks to Reduce Tree Removal
♦ Wireless Communication Facility Adjustments - Distance From Another Tower Site/Plot Plan (6 copies)
♦ Washington Square Reg. Center Density Adjustments (fK Site/Plot Plan (reduced 8Y2'x 11")
Please state the reason for the Adjustment request: [Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Adjustment requested for back of property line setback from Filing Fee $210.00
15 feet to 12 feet (a 2056 redtteti*. The diagonal eonfigmation
of the back property line and the overall size of the lot does Jurisdiction: [;amity ❑ Urb
not currently allow for a reasonable house plan layout. We
have designed a finictioning house plan but need to r=ke an
adjustment in the lot to accommodate it.
NOTE: The surrounding properties are also owned by us.
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 o day of ~f7 20
Applicant/Authorized Agent Signature Own nature
Owner's Signature O ner's Signature
2
CITY OF TIGARD 10/24/2003
13125 SW Hall Blvd. 8:45:26AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200300000000004700 -
Date: 10/24/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00101 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $210.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount P~
Check ECK CONSTRUCTION CAC 9360 In Person 210.00
Payment Total: $210.00
ECK CONSTRUCTION, INC.® 9 3 6 0
P.O. BOX 204 BANK9&WEST
SHERWOOD,OR 97140 TUALATIN BRANCH
(503) 625-1305 7925 SW NYBERG RD.
TU -20-0) TUALA LATIN. OR 97082 /n (l
90-78
1211
PAY TO THE Q~
ORDER OF $
g DOLLARS
s
s
s
a -
~~a~~~
MEMO:
SECURITY FEATURES UNCRO PRINT TOP d BOiTO%I BORDERS - COLORED PATTERN - ARTIFICIAL WATERMARK Oll REVERSE SIDE - MISSING FEATURE INDICATES A COPY
Page I Of I cReceipt-rpt
CITY OF TIGARD
October 31, 2003 OREGON
Steven Eck
Eck Construction, Inc.
PO Box 204
Sherwood, OR 97140
RE: Completeness Review-Setback Adjustment,
Case File No. VAR2003-00101
Dear Mr. Eck:
The City has received your application for Type I Setback Adjustment (SDR2003-
00101) to reduce the rear yard setback from 15 to 12 feet. Staff has completed a
preliminary review of the submittal materials and has determined that the
following additional information is necessary before the application can be
deemed complete:
1. Completion of the Kalamoiika Estates Subdivision (SUB 2003-00003). The
final mylars have not been signed and recorded, and therefore the site
plan for the lot in question is inaccurate. Until the subdivision has been
finalized this application cannot move forward. You .may either wait until
such a time that this has been completed or withdraw this application and
resubmit at a later date. Note that state law provides an applicant up to
180 days to make their application complete.
Should you have any questions with regard to these items, please contact me at
503-639-4171.
Sinc ly, °
Morgan Tracy
Associate Planner
c: VAR2003-00101 Land Use File
is\curpln\morgan\workspace\var\var2003-00101 (eck ka1amoiika\var2003-00101 incomplete.doc
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
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Ticor Title insurance
619 E Hancock St.
Newberg, OR 97132
Phone: (503) 538-0656
Fax: (503) 538-0671
E-Mail: becWN19ortitle.ca _
FACSIMILE TRANSMITTAL COVER SHEET
DATE:
FAX NUMBER:
FROM: TgACYBRCK (503) 538-0656
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