VAR2004-00002
EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004-00002
CITY OF TIGARD
GREENBURG PINES LOT #3 Community Development
FRONT YARD SETBACK ADJUSTMENT Shapin9A Better Community
120 DAYS = 5/26/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: GREENBURG PINES LOT #3 FRONT YARD SETBACK
ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00002
PROPOSAL: The applicant has requested a 25% adjustment to the front yard setback to
reduce the setback from 20 feet to 15 feet to accommodate construction.
APPLICANT/
OWNER: Vista Northwest, Inc.
Attn: Chris Christensen
Box 91459
Portland, OR 97291
LOCATION: 9635 SW Pihas Street; WCTM 1 S135CD, Tax Lot 13200 (Lot 3 of the
Greenburg Pines Subdivision).
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5, Low Density Residential.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. 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.
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.
VAR2004-00002 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is bordered on all sides by single-family residences. The proposal is to intrude
into the 20-foot front yard setback by 5 feet to accommodate a porch. The garage setback is
proposed to remain at 20 feet.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.370 allows the following development
Adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this provision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to the front yard setback to allow the placement
of the house. The face of the garage setback is proposed to remain at 20 feet. The required
front yard setback is 20 feet, therefore, a 5-foot reduction of this setback may be allowed
provided the following criteria are addressed.
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 affect;
The adjustment is being requested to allow a portion of the structure, specifically a porch to
protrude into the front yard setback. According to the site plan, a 3-foot adjustment would be
the minimum relief required to allow placement of the porch, while maintaining all other
setbacks. According to the submitted site plan, the true setback to the porch is 17 feet rather
than 15 feet on the site plan. The distance to the structure was not measured perpendicular
to the front setback line on the site plan.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees present on this lot. As part of the subdivision approval, the applicant has
proposed to plant mitigation trees on the lot, however, those trees will not be planted until the
construction is completed and the landscaping is installed. This criterion is not applicable.
VAR2004-00002 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the size of the home, and the desire for a large back yard, there are no other
reasonable alternatives to the placement of the home that would achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied. This
adjustment is granted and based on the site plan that was submitted.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
ootlce was mailed to the applicant and owners.
Final Decision:
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 JANUARY 28, 2004
AND BECOMES EFFECTIVE ON JANUARY 29, 2004.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Halr Boulevard, Tigard, Oregon at (503) 639-4171.
Janua 28 2004
PREPARED BY: Brad Kilby DATE
Associate Planner
7rWj
Janua 28 2004
APPROVE ewersdo DATE
Planning Manager
VAR2004-00002 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
Vista Northwest, Inc. EXHIBIT
Attn: Chris Christensen VAR2004-00002
PO Box 91459 GREENBURG PINES SETBACK ADJUSTMENT
Portland, OR 97291
4 • •
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Oevefgment
S(rapingg (BettcrCommuuity
I, Patricia r- lu 4 being first duly sworn/affirm, on oath depose and say that I am a Senior)fdministnative Specialist for
the City of 7igar askington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
0 NOTICE OF DECISION FOR: VAR2004-00002/GREENBURG PINES LOT #3 FRONT YARD SETBACK ADJUSTMENT
AMENDED NOTICE (File No./Name Reference)
Z City of Tigard Planning Director
A copy of the said notice being hereto attached, marked EMhib-tt"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 January 28, 2004, and deposited in the United States Mail on JanUary 28, 2004, postage prepaid.
(Person a rep red Notice)
S%4`7E O(F OREGON
Qqun
City ~ j ~ Tj~inrgton ss
~g
Subscribed and sworn/affir ed before me on the day of , 2004.
OFFICIAL SEAL
b BENGTSO
NOTARY PUBLIC-OREGON ~
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007 NOTARY PUBLIC U"RIGUK
My Commission Expires:
01%20 2tit' t ' v' t.~u2
ADJUSTMENT
TYPE I APPLICATION
CITY QF TIGARD 13125 SAN Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
GENERAL INFORMA i tCA
Pr perty AddresslLn(s):
FOR STAFF USE ONLY
Tax Map & Tax ._ot #(a)'
i_5o
Site Size: Cast: No.: 2 l~ -000 0 Z
imp
Other Case No,(s): 5-1 L -0,aovz.
Applicants:
V-Z
Address. ~J.. -
City/State: _ Zip: (Receipt No.: o (702;Z~
Primary Contact: Fax: Application Accepted By:~
Phone: ~5/•-°~ ~~7> 5
_ Date: l~a~v_y
Property O n /Deed holder(s)": (AttSch list if snore than one)
Date Determined To Be Complete:
Address: Phone: -
,City/State: Zip.
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 - T
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
i Rav. 22512003 i `.CUrplnlmostdrs~r0vlsedladjuetment•t.doc
form or submit a written authorization with this application. L__
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an
Administrative Adjustment to ti-,e following provision(s) of the
Community Development Code (phrase circle one only): REQUIRED !!UBMITTAL ELEMENTS
➢Developme,+t Adjustment - From Yard, Intdnor Setbacks and Lot Coverage I
➢5io1 Adj jstment_s: V Application Elements Submitted-
# Adjustments to a Subdlvislon I
♦ Reduction of Minimum Residential Dens! y ❑ Application Form
♦ Landscaping Adjustments - FxistigVNaw Street Trees i .
❑ Gwner,~ Signature/Written Authorization
♦ Parking Adjustments - Remi;,,ion in Stacking Lane Langtn 1
♦ Pa;king Adjustments- Reouctlon In M16mum Parking fo. Transit Improvementslcx sting Dev, ~ ❑ Title Transfer Instrument or Deed
♦ SetbaJ Adjustments - Setbacks to keduce Tree Removal ij
♦ WlrelessGarnmunirationPAa ilifitAtIjustments-DistancoFromAnotherTcwof u site/Plot Plan (6 copies)
♦ Washington Square Reg. ranter CeasltyAdlustments _ i ❑ Site/Plot Plan (reduced 811)"x 11")
Please state the reason for the Adjustment request: I Applicant's Statemeni
(Adaressing Criteria Under Section 16.370.020)
- - ❑ Filing Fee
Jurisdiction. ❑ City ❑ Urb
1
01'20/2004 11:16 FAY 5035931960 CITY OF TIGARD 0003
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 prope
♦ 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 gaa~ .20
Applicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
2
CITY OF TIGARD 1/22/2004
13125 SW Hall Blvd. 10:17:22AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000000228
Date: 01/22/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00002 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
VAR2004-00003 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $420.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount Pai
Check VISTA NORTHWEST INC KIP 5738 In Person 420.00
Payment Total: $420.00
VISTA NORTHWEST INC. 5738
P O BOX 91459 90-78/1211
PORTLAND, OREGON 97291-0459
DATE
PAY TO THE f~
ORDEROF l 7 •
t bct Ir M
17
Tanaubo-c Office '
2495 NW TOWN CENTER DR.
0 BEAVERTON, OR 97006
BANK&WEST 1-800-488-2265
FOR nv
Page 1 of 1 cReceipt.rpt
VISTA
NORTHWEST
INC.
ADJUSTMENT APPLICATION
January 21, 2004
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Adjustment for 9635 SW Pihas St. (Lot 3 Greenburg Pines)
Dear Sirs:
The applicant is seeking to amend the application for building permit on the above
property: Up to a 25% reduction of the dimensional standards for the front yard setback
required in the base zone. Setback of garages may not be reduced by this provision.
We are requesting a 25 % reduction to the 20 foot front yard setback in the R-4.5 zoning
district, thereby allowing for the front of the home (not garage) to be within 15 feet of the
front lot line.
Approval Criteria:
a. A demonstration that the adjustment requested is the least required to achieve the
desired affect;
Lot 3 of Greenburg Pines is unique in its dimensions, with a large side
lot dimension, and a relatively small front-to-back dimension. In
designing a home for the house, we decided that a front porch would
mitigate the "snout" affect. The five foot adjustment will allow us to
have the porch (not garage) inside the 20 foot setback (to 15 feet) and
still maintain a barely adequate 22 foot rear yard.
0
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees in the development area.
P.O. Box'91459 • Portland, Oregon 97291 • Phone 503-531-0505 • Fax 503-645-2714 • CCB#75507
c. The adjustment will not impede adequate emergency access to or throughout
the site;
The adjustment will not impede or have any impact on emergency
access to or throughout the site.
d. There is not a reasonable alternative to the adjustment which achieves the desired
affect;
There is not a reasonable alternative to the requested adjustment, and
still maintain a desirable building pad, and have a very minimum 22
foot rear setback. This is specifically due to the existing site
dimensions and limited lot depths. We believe that this will allow the
house to be built without the "snout" affect of a prominent garage.
Pleas call us if you have any questions regarding this application.
Yours y,
Chris Christensen
Vista Northwest, Inc.
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