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VAR2004-00086
EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2004-00086 CITY OF TIOARD LEISER PARK LOT #5 Community Devefopment Shaping A Bet ter Community SIDE YARD SETBACK ADJUSTMENT 120 DAYS = 3/10/2004 SECTION I. APPLICATION SUMMARY FILE NAME: LEISER PARK SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2004-00086 PROPOSAL: The applicant has requested a 3.5% adjustment to the side yard setback to reduce the setback from 15 feet to 14 feet 6 inches on Lot 5 of the Leiser Park Subdivision (SUB2002-00010) feet to accommodate construction. APPLICANT/ OWNER: Legend Homes Attn: Steve Lucas 12755 SW 69th Avenue, Suite 100 Portland, OR 97223 LOCATION: 8089 SW Leiser Lane; WCTM 2S1 1213C, Tax Lot 13600 (Lot 5 of the Leiser Park 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. VAR2004-00086-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 Leiser Park Subdivision (SUB2002-00010). 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 on a corner lot which is located north of Leiser Lane and east of 81St Avenue. The proposal is to reduce the 15-foot side yard setback by 6 inches, while maintaining all other setbacks. 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 side yard setback by 6 inches to allow the placement of the house. The required side yard setback for side facing street on corner & through lots are 15 feet, therefore, up to a 3-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 to protrude into the side yard setback by 6 inches. According to the applicant this is the minimum relief needed for construction which would allow them to maintain a product mix that will enhance the subdivision. VAR2004-00086 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION The Adjustment will result in the preservation of trees, if trees are present in the development area; According to the applicant, the adjustment would not adversely affect any trees on site. 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 lot, 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: V6 e was mailed to the applicant and owners. Final Decision: setback Adjustment is a Type [.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 NOVEMBER 15, 2004 AND BECOMES EFFECTIVE ON NOVEMBER 16, 2004. Questions: you ou have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. November 15, 2004 PR-177ARED BY: rlstie eerman DATE Planning Technician VAR2004-00086 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION FL-OT FLANO • 10/18/04 LOT *5 LEISER FAR. ® WATER METER ® o W WATER LINE ' 8089 5-W. L E I SE fR LANE ~ SS SANITARY SEWER SD STORM DRAIN N.W. 1/4 OF 5ECT I ON 12, T.2-5, RI-W, W.M. ~t ct OF STREET WA5NINGTON COUNTY, OREGON ~ MANHOLE 1• = 20'-0• CATCH BASIN LEGEND Ho*mEs PROPOSED ED STREET ES PROvIDE EROSION ® STREET LIGHT 12755 S!1 89th AVE. OFFICE (503) 620-8080 CONTROL FENCE PER ~~~~;;'!!!!!!1 SUITE 100 FAX (503) 598-8900 COMMUNITY EROSION PLAN FIRE HYDRANT PORTLAND, OR. 97223 CCB/ 60563 m m m LOT 6 m`%M-2 89°03'36' E 1ST • ' 66.60' 'a . M M 18~ 180.ro' 16 x ~ 16.00' 3 w ^ /LOT LOT 7 Co th0`. 7,137 SQ. FT. C3 I85 o ON o /BARRE D FIN. FAR. = 184.0 6 GAR. /FLR~ = 182.0' 5.00' 00 184 I I' 81.1' = L- 9 a 16 0' • n An S '4 183 119.5' . •j: 8'-0 PUa cn S 89°0336111 cr7• 50.41 SID ALK CURB *r S 182 S j 04 S. W. XIS-ER LANE r 0 m (i) tX} cfj r r r COLONY CREEK CT • • • l\ ~ ~ U GEOGRAPHIC INFORMATION SYSTEM 1 r = m z ~ ~ n©NITY MA1~ DRIVE O F~IV VAR2004-00086 z o) n LEISER PARK ER LOT 5 SETBACK Q ESE LP ADJUSTMENT co 00 BONITA RD r y SITE tii u! yj/ 4 a J M 1ITT7 7 Q ITA i3.. ' I I OEFF BEt•ID~ Q Tigard Area Map 7 S oo Q N w C CT rn . ~ 0 100 200 300 400 Feet 1'= 310 feet T 0° SW VIOLAS LA MANCHA r~ rS- City of Tigard V Inform bon on this map is for general Wcatim only and TI I E W P should be verified with the Development ServiOGS DlviSion. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 httpJMww.d.tigerddr.uS Community Development Plot date: Nov 15, 2004; C:\magic\MAGIC03.APR Legend Homes EXHIBIT Attn: Steve Lucas 12755 SW 69th Avenue, Suite 100 Portland, OR 97223 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sltapingyl Better Community I, tPatr=- L. Lu being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specia&t for the City of7><garasfiington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑X NOTICE OF DECISION FOR: VAR2004-00086/LEISER PARK LOT 5 SETBACK ADJUSTMENT ❑ AMENDED NOTICE (File No./Name Refererxe) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked ExhlbRT, 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 November 15, 2004, and deposited in the United States Mail on November 15, 2004, postage prepaid. OZ (Perso Prepared N ce) YOM OF OUGOW G'tty o~Trga~ SS Subscribed and sworn/affirmed before me on the day of C,°~- , 2004. OFFICIAL SEAL SUE ROSS NOTARY PUBLIC-OREGON COMMISSION NO. 375152 MY COMMISSION EXPIRES DEC. 1, 2007 CMV ssion Expires: 11/04/2004 11:25 FAX 5035981980 CITY OF TIGARD 10002 ADJUSTMENT TYPE [APPLICATION ClV ;bt =TI~ARD 13125 SIN•Hall Blvd' rVrd, OR' 87223 (503) 639-4171 FAX (603) 684-7297 OENER& INFORMATION Property Address/Location(s): BOB'k T.a L-EMtM. L_c%aiz- YANK- L- e - W -S E_QB.STAFF USE ONLY Tax Map & Tax Lot #(s): a S Z - 01 Site Size: M t sCx. Case No.AW&W - 0 0 0 z(o Applicant: e%G:&Ja HOK s Other Case No.(s):2 -ate ar) S Address: t z.:+ss ow 00101. A.vf . S i e-r e zlzrtcc ~No.: ? -0 CryState: 'Po~-~.-a► Na ► or- Tzip: 9~zz-s. Receipt PrimaryContact L..uGp.S - Application ep d 13y; Phone: so 16 - (.ZO - &>iBo Fax: - sc~ - s1ett3- SAoo Date: D Property Owner/Deed Holder(s)•: Mach Hot H mom than one) Date Determined To Be Complete: Address: Phone: City/State: Zip: Comp Plaracne 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. a2tu04 LAaapinlmusunVaaseetadjuonent t.doc form or submit a written authorization with this application. PROPOSAL SUMM4RY The owners of record of the subject property request permission for an Administrative Adjustrrient to the following provislon(s) of the REQUIRED SUBMITTAL ELEMENTS Community Development Code (please circle one only): >om"nurnt AQ=1rnent Front Yard. IntVftr Saibacka and Lot Coverage >SaiWnl enta: ✓ Application Elements Submitted: ♦ Adlustmerds to a subdivision ❑ Application Form ♦ Reduction of Minhnum Rasidardai DwWty • LandmptnaAelusiRmte-E43&gnuewSumiTrm ' ❑ Owner's Signature/Written Authorization A Parking AcoNtmerrta - Ra W00 in Stad ft Lane Length ♦ Parting Adjustmem= - Reduction in Minimum Pwdtbig for Transit tmprovementatusting Dev. ❑ Title Transfer Instrument Or Deed • Seftek Adjustment -SetbarJes to Redueo Tree Removal ♦ Wirelm Communicot on FedlityAdjustmenis ~ DIM= From Arwshor Tgmw ♦ Washington Square Reg. center Density Adjuwnenta Q~ Site/Plot Plan (reduced 8eh"x 11") Please state the reason for the Adjustment request: Er Applicants Statement ~yj ,/(Addressing Criteria Under section 18.370.020) TZ;1>0c.e S t DE N(J.R.D ~yFZ'isAc.K_ 3.5'~o 0 Flling Fee' $-tr1. ou ot-l \S'- b" -ra ►4~ - Grr Jurisdiction: ❑ City ❑ Urb CITY OF TIGA" 11/8/2004 13125 SW Hall Blvd. 9:52:30AM Tigard, Oregon 97223 ` (503) 639-4171 Receipt 27200400000000004848 Date: 11/08/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00086 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2004-00087 [LANDUS] Development Adjust 100-0000-438000 217.00 Line Item Total: $434.00 Payments: • Method Payer User ID Acct./Check Approval No. How Received Amount Paid CreditCard KRISTA L BOYD KJP 008969 Fax 434.00 Payment Total: $434.00 cReceiptrpt Page 1 of 1 Il;m LEGEND November 4, 2004 HOMES Planning Division City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 RE: Setback Adjustment for 8089 SW Leiser Lane, Lot #5 @ Leiser Park To whom it may concern, This is a request to adjust the side yard setback for Lot #f at Leiser Park.. The proposed reduction to the side yard is 3.5% (from 15'-0" to 14'-6"). This request is so that the proposed structure will fit on the lot in question. We are attempting to maintain a product mix that will enhance the subdivision. The adjustment does not adversely affect any trees on the site. The adjustment will not impede emergency access in any way. We feel that the mix of different plans and elevations will benefit the neighborhood. Sincerely, Steve Lucas Legend H6nids'lnc. Voice • 503.620.8080 Fax • 503.598.8900 12755 SW 69th Ave., Suite 100 Portland, Oregon 97223 www.LegendHomes.com