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VAR2004-00012 EXHIBIT A NOTICE OF TYPE I DECISION VARIANCE (VAR) 2004-00012 CITY OF TIOARD THORNWOOD FRONT YARD SETBACK ADJUSTMENT Community (Devefopinent SfiapinpA BetterComn:uni 120 DAYS = 6/25/2004 SECTION I. APPLICATION SUMMARY FILE NAME: THORNWOOD FRONT YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2004-00012 PROPOSAL: The applicant has requested approval for an Adjustment to the front yard setback to reduce the setback f rom 15 f eet to 12 f eet to accommodate construction on lot 46 of the Thornwood Subdivision (SUB2000-00006). APPLICANT/ OWNER: Venture Properties, Inc. Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 12360 SW Aspen Ridge Drive; WCTM 2S1106C, Tax Lot 7500. ZONING AND COMPREHENSIVE PLAN DESIGNATION: R-7: 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 VAR2004-00012- THORNWOOD FRONT YARD SETBACK ADJUSTMENT PAGE 1 OF 3 CONDITION OF APPROVAL 1. Provide a new site plan showing the garage to be setback a minimum of twenty feet. 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 lot 46 of the Thornwood Subdivision. No other land-use cases are associated with this parcel. Site Information and Proposal Description: The applicant has requested an adjustment to the front yard setback to reduce.the setback from 15 feet to 12 feet to accommodate construction. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the front 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; According to the applicant, an adjustment is needed to push the proposed home forward in order to build a daylight basement that isn't within the area of the existing rock wall, which is protecting a small grove of trees at the rear of the lot. The Tigard Development' Code allows a maximum reduction to front yard setbacks of 25 percent; however, it does not allow a reduction to the garage setback. The applicant's plans show a 20 percent reduction to the front yard, which is the least required to achieve the desired effect and a three foot reduction to the garage setback. Section 18.370.020.B.1.a states that, "Setback of garages may not be reduced by this provision." Therefore, the applicant is required to provide a new site plan showing the garage to be setback a minimum of twenty feet. The adjustment will result in the preservation of trees, if trees are present in the development area; By granting the adjustment, the proposed house will be moved out of the rock wall zone that is protecting the trees at the rear of the lot. Therefore, this standard has been satisfied. NOTICE OF TYPE I DECISION VAR2004-00012-THORNWOOD FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3 • • The adjustment will not impede adequate emergency access to the site. The request is for a front yard setback adjustment. Access to the home will remain unchanged. Therefore, emergency access to the site will not be impeded. There is not a reasonable alternative to the adjustment, which achieves the desired effect. The desired effect is to protect the trees at the rear of the property to the greatest extent possible. T herefore, the adjustment is the most reasonable request while maximizing the livability of the parcel. This standard has been satisfied. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied based on the following condition. CONDITION: Provide a new site plan showing the garage to be setback a minimum of twenty feet. SECTION V. PROCEDURE AND APPEAL INFORMATION A front 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 MARCH 17, 2004, AND BECOMES EFFECTIVE ON MARCH 18, 2004. 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. eir a. o March 17, 2004 PREP R Math Scheidegger DATE Associate Planner NOTICE OF TYPE I DECISION VAR2004-00012- THORNWOOD FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3 2S110BC-07500 VENTURE PROPERTIES INC EXHIBIT 4230 GALEWOOD ST STE 100 LAKE OSWEGO, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community rDevelopmcnt Shaping/7 BetterCommunity I, (Patricia L. Lu being first duly sworn/affirm, on oath depose and say that I am a Senior)[dmimrtrativeSpecia&tfor the City of 7igarashington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑x NOTICE OF DECISION FOR: VAR2004-00012/THORNWOOD FRONT YARD SETBACK ADJUSTMENT ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked MINT, 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 March 11, 2004, and deposited in the United States Mail on March 11, 2004, postage prepaid. ~G (Person that epared Notic S"?EoOOT OW9GOX CC'li>Cy o TWard m SS Subscribed and sworn/affir ed before me on the day of , 2004. o OFFICIAL SEAL J BENGTSON "IrAUN NOTAR'Y'Y PUBLIC-OREGON COMMISSION N0.368086 My commission Expires: MY COMMISSION EXPIRES APR. 27, 2007 ADJ U STM EOT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION r A ess/Location(s): 12360 SW Aspen Ridge Dr. TPicc FOR STAFF USE ONLY Tax Ma'2"511 Tax Lot #(s): OBC075 Site Size: 5,132 square feet Case No.: V A-R abo4 pc~/a Applicant': Venture Properties Other Case No.(s):M5T2`b04 -00040 Address: 4230 Calewood St. ;100 City/State: Lake Oswego, OR Zip: 97035 Receipt No.: -Z004 - 07 R y Primary Contact: Jim Delmore Application Accepted By: -U d C Phone:503-387-7500 / 866-4339 Fax: 503-337-7617 - - - Date: a'atO -off Prop opwnerlDeed Holder(s)': (Attach list if more than one) Nnture Properties Date Determined To Be Co plete: Address: Phone: City/State: same as above Zjp: Comp Plan/Zone Designation: When the owner and the applicant are different people, the applicant INe- d. pen 9-e .3 >a must be tt.e purchaser of record or a lessee in possession with written authorization frog- 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 subrrit a written authorization with this application. PROPOSAL SUMMARY Rev. 7112102 is\curplMmasters\revised`adjustment•t.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): :Oevelcpment Acjustment - Front Yard. Interior setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS i Spec: 31 .Acius:menzs: ♦ Adjustments to a Subdivision Reduction of Minimum Residential Density ✓ Application Elements Submitted: • Lancscacing Adjustments - Existing/New street Trees l ♦ Parking Adjustments - Reduction in Stacking Lane Length ❑ Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. • Setback aciustments - Setbacks to Reduce Tree Removal ❑ Owner's Signature,nNritten Authorization l ♦ Wireiess Communication Facility Adjustments - Distance From Another Tower ❑ Title Transfer Instrument or Deed ♦ Wasningicr. Scuare Reg. Center Density Adjustments ❑ Site/Plot Plan (6 copies) ~ Please state the reason for the Adjustment request: ❑ Site/Plot Plan (reduced V"x 11") !i We would like a Type 1_ Adjustment Applicant's Statement per section 1 8. 3 7 0. 0 2 0 TI s ubpo i n t A (Addressing Criteria Under Section 18.370.020) p 1 Also see a acne Applicant ❑ Filing Fee $205.00 Statement addressing criteria under Fffl) C~❑~~/J❑D Section 18.370.020 11~1L~ FEB 2 6 2004 CITY OF T'IGARD _ l 1 J n 1 BUILDING DIVISION ► J Type 1 Adjustment Application RE: Thornwood Lot 46 Side and Front Yard Variance Application Venture Properties respectfully request a Front and Side (both sides) variance adjustment for Lot 46 in our Thornwood community. There is a rock retaining wall on the rear of the lot that "bends" into the lot in order to avoid influencing a tree canopy zone. A portion of the rear of the house would be located on the rock wall, which is not structurally possible. By moving the house forward (into the Front and Side yard Setbacks), the house is located out of the Structural Zone of the Rock Retaining Wall. The following includes the Applicant's statement: According to section 18.370.020 B. Development adjustments 1. Sub point b. the Interior setbacks can be reduced up to 20%. 2. The Approval criteria 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. Comments: Due to the topography of the lot, the house and lot need to be a Daylight Basement Plan. Both of our Daylight Basement plans have the same footprint which has worked on our other daylight basement lots within the Thornwood community without any adjustments. In addition the house plan is a presale with a buyer that has chosen that particular plan. By placing the house on the lot in this manner, we do not need the full extent of the variance that is possible. b. The adjustment will result in the preservation of trees, if trees are present in the development area: Comments: By granting the Variances and moving the house forward, this will keep the house out of the rock wall zone that is protecting the tree canopy. c. The adjustment will not impede adequate emergency access to the site. Comments: Emergency Access is not affected. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Comments: Of the solutions possible, this request if granted, asks for the least adjustment. CITY OF TIGARD 3/2/2004 13125 SW Hall Blvd. 8:29:41AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200400000000000794 Date: 03/02/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00012 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 VAR2004-00013 [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 VENTURE PROPERTIES CAC 5709 In Person 420.00 Payment Total: $420.00 ut t } F a' t .E 7 5 'tis J 4 a. ~ t / - ~ ~ 'r rr iJ BANKOF AME iCA : ~r 2 O VENTURE PROPERTIES 3 - - a 185th 8 VY.AUCEROFFIC~ 2858 r r ; r 1 KALflHA OR970U7 - 3230 o +l .4`230 ~aALEWOQI)' ST YSU~T>z ~00 r ~ IAKEJOSWEG4 QREGDN 97035 ' z:s, + c 4, ~ ~ ~ { to ~ q '7 ~ k ~ ~ R 1 b•y t S~ t~' 4 x- ~ `a ! r+~K fi?~,t+~g "r~,14 f,.=.'}` r t-- A~ ~ 3~ :s ~ r f. x e• > ; x`~,#,,~ .r r a.,~~yP 4C~"`_ ~ ,+~„i~ v . - r . r• t~r e`Sa?' 4 s 3 t ;Ti:. (4`~"tx 4 h -J'~} 4'•#' r mss' a. ® s:'== ! 'r r~ m ss. 3 n eAE r DATE / rrhll CK ND f AMOUNT. a~z4, y. fir` ~WPrsH t ~ _ ~ 1, ~ ~ X Fe<bruar,~x 25r2004'- 57.0.9.1.,:=.;._- ~:~L.~ ~ r• ~,•,,ri y1rF"s' t r f-~.t 4 z' f e •,c' < y - it t ^'7'.'t .~a.• ci-PrY~0F5 ~T IGARD : s3 f , < r rs f"-; e, Yty p Y Y 4> flrl17E • ORDER_ ~ ~7•i` , / rZ r ~-r"~`a"'S' t~ fir ~ } i• 3 :1, a r' 5r ~ ; L ~ ~ s_ ff' $ i i 1V t:_ t Page 1 of I cReceipt.rpt DON • MORISSETTE OBE: 2923 BOMBS INCORPORATED LOT: 46 4830 GALE►OOD STREET SUITE 100 LAZE OSWEGO, OREGON 97035 DATE: 01/22/2003 (503)387-7536 T A X (503)387 - 7 0 1 5 PROPERTY• THORNROOD CITY: TIGARD SCALE: 1 °=20' PLAN No.: 184 STANDARD ELEVATION 12360 SJ. NI U 0 L=4 0191' e p"Oaf . :.si~~,p~K: 4• 446 445' a O h 446 10' P.UE 0 rlve~89: 444 442 x•.448. -1 443; t_ gym... --1z'--- 44 440 431 a . ft ~ 2 car ar. 43a ' FF.E. 443' ^ 43% I~ ~ a• i Q 3,045 acrJ. ft. 434 3 bdrm. r ~ 432 pr-.E. 44-4"45' i zr 430 22'xlO' DECK 9 r ~ 429_ `1T'-88 mr ion control 429' 425 0- eg► e 9 Dn B.O.W. 418.0' 418' 66A2' 418' 5OW.4218.0' LEGEND LOT COVERAGE STREET TREES, SEE LOT AREA: 5,332 5Q. FT. LOT •46 -RECORDED PLAT BUILDING AREA: 2,434 5Q. FT. o. 5,332 aq. ft. FOR SIZES AND TYPES PERCENTAGE: 45.6% DON • MORISSETTE OBE: 2923 souza INCOBPOR♦TSD LOT: 48 4830 GALNWOOD STREET SUITZ 100 L♦ss 08WZG0. oRSa0m 97035 DATE: 02/23/2004 (503)357-7535 PAX (503)357 -7513 PROPERTY: THORN1r00D CITY: TIGARD SCALE: 1"=20' PLAN No.: 184 STANDARD ELEVATION 123~~ g.U1. EI L 4{,0x91 446. proa , SIDEUI4LIC',, ~ ` 14Concrete6 ,445 rtvew e 0 446 I0' PAIE. 444 12' 4 442 a i'lo• r ' 431 aq. t 440 car ar. FFE. 443 438 ` J 436 ~ ~ 3 45 eq, ft. Q ` 3 bdrm. 434 1 r 131i2 bath , 432 r 1 r 430 22'x10' DECK o r - ~3' 429' Iq L------- 425 aroalon co^lrol o- ags and hd it Q~ T.O.W. 424.0' 418 T.O.W. 424.0' B.O.W. 418.0' 418 B.O.W. 418.0' LEGEND LOT COVERAGE STREET TREES, SEE LOT AREA: 5,332 SQ. FT. LOT 046 o -RECORDED PLAT BUILDING AREA: 2,434 SQ. FT. 5~3Z 0q. ft. FOR SIZES AND TYPES PERCENTAG=E: 45,65.