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VAR2003-00110 9 • EXHIBIT NOTICE OF TYPE I DECISION SETBACK ADJUSTMENT (VAR) 2003-00110 CITY OF TIOARD Community ing g (Better Community ECK SIDE YARD SETBACK ADJUSTMENT Sf p 120 DAYS = 4/20/2004 SECTION I. APPLICATION SUMMARY FILE NAME: ECK SIDE YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2003-00110 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the minimum side yard setback from 5 feet to 4 feet-4 inches. 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: 9860 SW Pihas Court; WCTM 1 S135CD, Temporary Tax Lot KE219 (Lot 19 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 VAR2003-001 10/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. No other specific conditions affect this particular proposal. The property is an interior lot. Vicinity Information: The property is located on the south side of SW Pihas Court. Site Information and Proposal Description: The subject property is trapezoidal in shape and approximately 3,850 square feet in size. The side property line of the subject site runs at an approximate 60 degree angle from parallel in relation to the front property line. The resulting lot configuration is triangular with a truncated corner in the rear. The 20 foot required setback to the garage and width of the proposed house in combination with the angle of the property line leaves an 8" triangular portion of the house encroaching into the setback. This area represents about 1 square foot. The applicant is proposing a new single family residence which will in all other manners compy with the development standards of the zone. The applicant has requested the 8-inch reduction to the side yard setback to accommodate a reasonable house footprint. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS RESIDENTIAL ZONING DISTRICTS 18.510 The development standards a a ec 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. 3,850 sq. ft. - Duplexes 6,100 s q. ft. Average Minimum Lot Width None N/A Maximum Lot Coverage 80% -50% Minimum Setbacks - Front yard 15 ft. 18 ft. - Side facing street on comer & through lots N/A N/A - Side yard 5 ft. 4'4"* / 5ft. - Rear yard 15 ft. 15 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 Fla Lots DC 18.420.050 A 4 e * 10 ft. N/A Maximum Height 30 ft. Can be met Minimum Landscape Requirement 20% -50% * Adjustment required. NOTICE OF TYPE I DECISION VAR2003-001 10/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 side yard setback by 8 inches. The maximum adjustment that could be granted is 1 foot. However, it should be noted that the request will only permit a small portion (approximately 1 square foot) of the corner of the house to protrude and the remainder of the house footprint will meet the setback requirements. 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 side yard of the subject site is oddly configured. Because this lot is irregularly shaped, 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; There is a tree on the subject site that will remain; however, the location of the house provides ample distance to preserve the tree. The proposed 8 inch reduction to the setback to allow for the corner of the house to protrude does not enable the house to come any closer to the tree than what is already permitted. The tree is located roughly 30 feet diagonally to the northwest of the proposed encroachment. The adjustment will not impede adequate emergency access to the site; and The adjustment will affect the side 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 29, 2003. THE EFFECTIVE DATE OF THIS DECISION SHALL BE DECEMBER 30, 2003. NOTICE OF TYPE I DECISION VAR2003-001 10/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 4 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. 114, zl~ December 29, 2003 P EPAR BY: Morgan racy DATE Associate Planner December 29, 2003 APPROVED BY: Richard Be ersdorff DATE Planning Manager is\curpln\morgan\workspace\var\var2003-00101 (eck kalamoiika)\var2003-00110 decision.doc NOTICE OF TYPE I DECISION VAR2003-001 10/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 4 OF 4 W6~ S.W. PIHAS COURT 4• Cpl (so" PS) - - - - - - - - - - - - - - - - CQK WALK F oil COIC PATIO I 'o L-- , LOT A? * 3.850 S.F. MK 0. Tw Now 604l FAMILY RE606WA b GILT RE IS. S PROPERTY N LDC S I T E P L A N SCALE Il8•.r.0' LOT/Q WILDER, LOT ~ LOT SIZE 30" SQ. FT LOT COVERAGE HOUSE PERIMETER WEAVE 1069 SO FT COVERED PORCH 12 SO FT TOTAL LOT COVERAGE 1141 SQ FT LOT COVERAGE 3050 60. FTAMS SQ FT . 28% (n~`~ \II FI.F• • * EXHIBIT Steven Eck Eck Construction, Inc. VAR2003-00110 PO Box 204 ECK SIDE YARD SETBACK ADJUSTMENT Sherwood, OR 97140 J&S Concrete, Inc. PO Box 516 Dundee, OR 97115 : r • 0 Lk AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sfiapiytgfl (Better Community I, Patricia L. Luns]W being first duly sworn/affirm, on oath depose and say that I am a Senior)[dministrative Speciafst for the City of?tgarashington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) D NOTICE OF DECISION FOR: VAR2003-001 10/ECK SIDE YARD SETBACK ADJUSTMENT 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 29, 2003, and deposited in the United States Mail on December 29, 2003, postage prepaid. (Perso Prepared Notice SZM OF OUGON CCity o Tjgard ss Subscribed and sworn/affir ed before me on the day of , 200 00- taAL ;rxaa,.,i `b J BENGTSON NOTARY PUBLIC•OREGON COMMISSION N0.368086 MY COMMISSION EXPIRES APR. 27, 2007 My Commission Expires: • ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297 GENERAL INFORMATION / - Pro erty Add, s/Lo ation(s): ~~O / ~0 ; - FOR STAFF USE ONLY Tax ap & Tax Lot #(s): 15 i 35 CD - 14E--Ziq Site Size: Case No.: y p P CR Oo3 -00 1 / O Applicant- Other Case No.(s): Address. .O © Receipt No.: a c> 4) S 3 - City/State: Zip: !F O' aa s Primary Contact: Application Accepted By: Phon ?®j Fax: Date: la -3 -03 Prop- Owner/Deed Holders (Att h list if more than one) G . Date Determined To Be Complete: Address: P h o n City/State: Zip: fl,~ Comp Plan/Zone Designation: ` When the owner and the applicant are different people, the applicant AAed Den Pe-T / R- 1a 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 i:\curpln\mastersVevised\adjustment-1.doc form or submit a written authorization with this application. PROPOSALSUMMARY 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 t Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. 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 E F Site/Plot Plan (reduced 82'x 11") Please state the reason for the Adjustment request: Applicant's Statement (Addressing Criteria Under Section 18.370.020) 60 inches to 52 inches (a 14% reduction). The diagonal Filing Fee configuration of the side (west) property line and the overall Jurisdiction: 2 'City ❑ Urb plan layout. We have designed a functioning house plan but need to make an adjustment in the lot to accommodate it. NOTE: The surrounding pa ope, ties a, e 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 day of 20A03 - Applicant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 12/3/2003 13125 SW Hall Blvd. 8:50:12AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000005225 Date: 12/03/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-001 10 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 Line Item Total: $210.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount PIS Check ECK CONSTRUCTION CAC 9440 In Person 210.00 Payment Total: $210.00 _ , 9440 All) ECK CONSTRUCTION, INC.tsT P O BOX 204 TUALATIN BRANCH / ` - 925 SW NYBERG SHERWOOD. 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