VAR2004-00064
• EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004.00064
CITY OF TIOARD
GREENBURG PINES LOT #10 Community 0evcropment
ShapingA Better Community
FRONT YARD SETBACK ADJUSTMENT
120 DAYS = 11/25/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: GREENBURG PINES FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00064
PROPOSAL: The applicant has requested a 15% adjustment to the front yard setback to
reduce the setback from 20 feet to 17 on Lot 10 of the Greenburg Pines
Subdivision (SUB2001-00003) feet to accommodate construction.
APPLICANT/
OWNER: Vista Northwest, Inc.
Attn: Chris Christensen
PO Box 91459
Portland, OR 97291
LOCATION: 9640 SW Pihas. Street; WCTM 1S135CD, Tax Lot 13900 (Lot 10 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.
VAR2004-00064 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
•
CONDITION OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Greenburg Pines Subdivision (SUB2001-00003).
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 3 feet to accommodate a porch. The garage setback
would 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 reduce the front yard setback by 3 feet to
allow the placement of the house. The face of the garage setback will remain at 20 feet. The
required front yard setback is 20 feet, therefore, up to 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 the 3-foot adjustment is the
minimum relief required to allow placement of the porch, while maintaining all other setbacks.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2004-00064 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
The applicant is preserving the trees in the rear of the lot. The adjustment would increase the
distance between the building foundation and the tree's critical root zones. By moving the
house footprint forward, the construction will have less adverse impact on the preserved
trees.
The Adjustment will not impede adequate emergency access to the site;
Adjusting the front yard setback will not reduce clearance around the house; therefore 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, the shape of this lot, and the preservation of trees 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.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
16t ice was mailed to the applicant and owners.
Final Decision:
setback VJustment 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 AUGUST 6, 2004
AND BECOMES EFFECTIVE ON AUGUST 7, 2004.
Questions:
you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
August 6 2004
PREPARED BY: ristie eerman DAIE
Planning Technician
VAR2004-00064 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
bj I Q I CITY of TIGARD
C) I GEOGRAPHIC INFORMATION SYSTEM
Z V C
W FNeU 1RO MMIM M"
~ RG
VAR2004-00064
-60> c LEWIS LN GREENBURG PINES
SUB. LOT # 10
00 SETBACK ADJUSTMENT
W PIHAS CT PIHAS ST £El
LN
I T SIT
CRS FER
TANGELA C 1Rw - '
co stet IaTRD; : av
NRA -
L O~ ~ BEEF eEla RO pl)R ~ RO
Tgard Area Map 1
• TI
Sic N
0 100 200 300 Feet
~~cq Qv 1'= 201 feet
~ ST
CEN
A6 ix
City of Tigard
Information on this map is for general location only and
S \ should be verified with the Development Services Division.
13125 SW Hall Blvd
l~ Tigard, OR 97223
(503) 6394171
~✓/n~^ / \ http://www.d.tigard.a.us
community Development Plot date: Aug 6, 2004; C:\magic\MAGIC03.APR
/
0
zoo
rPAI
. I
~ j
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Shmpingfl (Better Community
1, Patricia L Lu Q being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City of 4tgar ashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
Z NOTICE OF DECISION FOR: VAR2004-00064/GREENBURG PINES SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Eihibiff, 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 Must 6, 2004, and deposited in the United States Mail on August 6, 2004, postage prepaid.
(Person that epare otice)
S"VI E Of OWGON
Cqux ~ of ~ hh gton is.
Cgy Subscribed and sworn/affirmed before me on the day of , 2004.
"era
OFFICIAL SEAL
SUE ROSS
NOTARY PUBLIC-OREGON
COMMISSION-NO. 375152
MY COMMISSION EXPIRES DEC. 1, 2007 MkoAmission Expires: V
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s):/~rf~s ~T
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): Iv
Site size: Case No.: Vfit ZOO 7 ' w y~
Applicant*:,~G~Ti9 Other Case No.(s): t-) ~4
Address: 5",_ elf y~'~
_7Z g
City/State: P~~.2r ~f1b Zip: 9/ Receipt No.: 0-c3Oq -3 PZ
Primary Contact: ef,,e4 Application Accepted By:
Phone :/S-d3), Fax:
Date:_ 7`2-JAI 0 y
Property Owner/Deed Holder(s)*: (Attach list if more than one)
S4220 A-57 Date Determine To a omplete:
Address: Phone:
City/State: Zip:
Comp Plan/ one esignation-
* When the owner and the applicant are different people, the applicant i
must be the purchaser of record or a lessee in possession with written J
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
form or submit a written authorization with this application. Rev. 2/28/2003 i:\curpln\mastarsUevised\adjustment-1.doc
PROPOSAL SUMMARY
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): REQUIRED SUBMITTAL ELEMENTS
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>Soecial Adiustments: ✓ Application Elements Submitted:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density application Form
♦ Landscaping Adjustments - Existing/NewStreetTrees Owner's Signature/Written Authorization
♦ Parking Adjustments - Reduction in Stacking Lane Length
♦ kin Adjustments -Reduction in Minimum Parking for Transit Improvements/Existing Dev. ❑ Title Transfer instrument or Deed
♦ Setback Adjustments - Setbacks to Reduce Tree Remova
♦ Wireless Communication Facility Adjustments -Distance rom Another Tower ~I Site/Plot Plan (6 Copies)
♦ Washington Square Reg. Center Density Adjustments ❑ Site/Plot Plan (reduced 81/1'x 11")
Please state the reason for the Adjustment request: Applicant's Statement
S~ 22~ 4.~= (Addressing Criteria Under Section 18.370.020)
,/it/zrr ;2--Filing Fee
4 Jurisdiction: ity ❑ Urb
41
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.
a
♦ 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 , 2l?c
Applicant/Authorized Agent Signature wner's ignature
Owner's Signature Owner's Signature
2
CITY OF TIGARD 7/30/2004
13125 SW Hall Blvd. 12:58:57PM
Tigard, Oregon 97223
(503) 639-4171 j
Receipt 27200400000000003382 '
Date: 07/30/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount-Paid
VAR2004-00064 [LANDUS] Admin Variance 100-0000-438000 217.00
Line Item Total: $217.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount PS
Check VISTA NORTHWEST INC KJP 5763 In Person 217.00
Payment Total: $217.00
VISTA NORTHWEST INC. 5763
P O BOX 91459
PORTLAND, OREGON 97291-0459 DATE 90-78/1211
~ •
PAY TO THE : 77-
ORDEROF
Z' z 12 DOLLARS 8r•:•
T..bo~ Of im
2496 NW TOWN CENTER DR.
e BEAVERTON, OR 97006 '
BANKAWEST 1.600-46e_=:65
c
FOR
/A-
CHAFMAM2DW
Page I of 1 cReceipt.rpt
Approval Criteria for 9640 SW Pihas St, Lot 10,
Greenburg Pines
This approval criteria is submitted with a Type I Application for a requested three foot
encroachment to the front setback on the above stated lot. The applicant owns both of the
adjacent lots that front onto the contiguous street frontage. There is no discernable effect
on the adjacent lots in regards to access or view. The adjacent lot to the west has already
had a three foot adjustment for the very same reasons as outlined in this application.
a. "Demonstrate that the adjustment requested is the least required to achieve
the desired effect: "
A three foot encroachment to the front lot setback will give us a little more flexibility in
adjusting the footprint of the proposed house to keep it further away from mature trees in
the rear of the lot.
b. "The adjustment will result in the preservation of trees: "
The adjustment will help in the preservation of trees.
C. "The adjustment will not impede adequate emergency access: "
There are no access issues raised by this adjustment.
d. "There is no reasonable alternative to the adjustment which achieves the
desired effect: "
Without the adjustment to front setbacks, the flexibility to move the house further away
from the rear trees will be lost.
•
:r 1~ s
L~ s ~ ~1 ~ A
G16 ~ ~ ~ SQ
~~9
M
~ 1 /
r' ,,,5'i, i
l
~ ~ _
' o
~ o
i ~ j 's,~a~-.
R
~ ~ ~.o
~ ~
~ ~
~
~ ~ -
~
y
~~s~