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VAR2005-00009 • • EXHIBIT.L NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005-00009 CITY OF TIGARD ALZGAL STREET SIDE YARD SETBACK ADJUSTMENT Community (Devefopment Shia 'ngA Better Community 120 DAYS = 6/10/05 SECTION I. APPLICATION SUMMARY FILE NAME: ALZGAL STREET SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00009 PROPOSAL: The applicant has requested an adjustment to the street side yard setback to reduce the setback from 15 feet to 12.5 feet to accommodate construction of a family room and office addition. APPLICANT/ OWNER: Jamal Alzgal 15065 SW Dawn Ct. Tigard, OR 97224 LOCATION: 15065 SW Dawn Court; WCTM 25111 DB, Tax Lot 14000. 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. VAR2005-00009 ALZGAL STREET SIDE SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITIONS OF APPROVAL 1. Prior to issuance of any building permits, the applicant must attain approval for the residence from the Tigard Building Division 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 most sides by single-family residences. The proposal is to construct an addition to an existing single-family residence that will protrude into the 15 foot street side yard setback by 2.5 feet. This encroachment runs along the entire length of the addition. 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 and 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 a 2.5 foot adjustment to the street side yard setback to allow the placement of an addition within the required setback. This addition is for a new office and larger family room. Up to a three (3) foot reduction of this setback may be allowed provided the following criteria are addressed. The applicant is requesting less than the maximum allowed under the code. 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 an addition nine feet wide to be made to the existing residence. Without the setback adjustment the result would be an office/extra room without much functionality for current and future homeowners. This request is the minimum relief needed to achieve the desired effect. The Adjustment will result in the preservation of trees, if trees are present in the development area; The applicant states that no trees are within the development area. VAR2005-00009 ALZGAL STREET SIDE SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION ' 0 • • 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 effect. The desired effect is to allow a larger, more functional family room and office. The applicant cannot make the addition anywhere else due to the layout of the home's interior. There is no other reasonable alternative to reach the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: oVtl was mailed to the applicant and owners. Final Decision: setback Justment 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 FEBRUARY 24, 2005 AND BECOMES EFFECTIVE ON FEBRUARY 25, 2005. 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. a,a- ~ February 24, 2005 ARMOVED BY:" Cheryl alnes DATE Planning Technician VAR2005-00009 ALZGAL STREET SIDE SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION 83.25 -PROPOM Lve to W _ D 917 208 _ _ __7 Z WOG vn NOON RDWI `W` DDaW OM Ofil[ f ~ j 9 / ED Q 9®ROO ROOM 1 BATH i Z N xEw noomoN i 19 5 IOiD1B! TO FN4LY R1L ul i 31.0 FAMILY BEDROOM BATH LnTv-m M w ROOM + 125 ~ t b -1 Ga L\C8 LAUNAIYNOA DARK [1LJi] LOT A5 15065 SW DAWN COURT N SCALE: 3132' = 1.0' 222 P 20.4 10.82 33.69 SW DAWN COURT rn PINEBROOK GEOGRAPHIC INFORMATION SYSTEM VICINITY Mw VAR2005-00009 ~C`O` Yv AUGAL SIDE YARD W SETBACK ADJUSTMENT • U U) LESLIE REILINGS;, C Q U) o) Pb F FM 4Eka Y.~ DAWN ~Z - CT WEST - Al Q~rn SIT Q' 60NRA+ BEEF BErID RG' WW{,~ IRD ATTLER SATTLER J Tigard Area Map I Y OI J W m Y SUMMERFIEL CORTLAND LN Z BRAEE N OE Q ° Qf o Q m 0 100 200 300 Feet W M w r 1'= 250 feet w 1- r N TEIN LN Z U LODI 0) Z ALDE JJ W Y Q ACV a BELLFLOV City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hat] Blvd 1 III w- Tigard, OR 97223 SW PIPPEN LN (503) 639-4171 hltpJ/www.d.tigard.or.us Community Development Plot date: Feb 24, 2005; C:\magic\MAGIC03.APR AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development ShapingA Better Community 1, Patricia L. Lu and being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City of Trgarf Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑x NOTICE OF DECISION FOR: VAR2005-00009/ALiGAL STREET 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 MINI", and by reference made a part hereof, on February 24, 2005, and deposited in the United States Mail on Febilary 24, 2005, postage prepaid. (Person that re Notic ) ,STAglE OF OU ON County of 4Nasjjtngton ) ss. City of tgard ) Subscribed and sworn/affirmed before me on the o day of '2005. OFFICIAL SEAL SUE ROSS NOTARY PUBLIC-OREGON COMMISSION NO. 375152 MY COMMISSION EXPIRES DEC. 1, 2007 I J I , O~ Nh1 Co salon Eaires: 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): /506.5 SW -6awjIt. C-71, FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Q S 1 I I D(~> - I Li ODA? Site Size: C- re- S Case No.: V A Rac os -0202") Applicant*: S A Yy1 19 L L ZC,~ ~ f-- Other Case No.(s): Address: 15 D 5 W D ew n- C--T- Receipt No.: c1 O05 - OS(o S 7 01 City/State: '-T t'! ~ ;,r CA, O P- Zip: &JX Primary Contact: 1-1 :-k & pr L_ f} LZd-, A- L--- Application Accepted By: C . Ca vv~ Phone: 5 o3 _ 5 qLJ - 9 F( 1 3 Fax: Date: ,7-10-05 Property Owner/Deed Holders * ( Al 1'5m C- f AL- Attach list if more than oneLL Date Determined To Be Complete: Address: 15o65 SW Dawn C-r Phone:-6o3 1 0 - 05 . City/State: L) g2Zip: Comp Plan/Zone Designation: * When the owner and the applicant are different people, the L0113 pp, Res / ~Z y .57 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 Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): DDevelopment Adjustment -Front Yard, Interior Setbacks and Lot Coverage ✓ Application Elements Submitted: >Special Adiustments: ❑ Application Form ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization ♦ Landscaping Adjustments - Existing/New Street Trees ❑ ♦ Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing ❑ Site/Plot Plan (2 copies) Dev. ♦ etback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%1'x 11 ) Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washington Square Reg. Center Density Adjustments ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) Please state the reason for the Adjustment request: ❑ Filing Fee Jurisdiction: ❑ City ❑ Urb 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. d SIGNATURES of each owner of the subject property. DATED this day of ~lr U a T q 20 67 Appl' a uthorized Agent Signature Owes Signature ~ff^+ 7A-Wtoar L-- A c-Z q~ t~ ` a A~ Owner's Signature Owner's Signature /U,y(-e& rL_ ~z CITY OF TIGARD 2/10/2005 13125 SW Hall Blvd. 12:26:30PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000000565 Date: 02/10/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00009 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00009 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $249.00 ~yments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid Check JAMAL ALZGAL CAC 2959 In Person 249.00 Payment Total: $249.00 cReceipt.rpt Page 1 of 1 Oregon Title Insurance Company • Order No. 22,5. C.'.vision of Lawyers Title Insurance Corporation AFFIDAVIT REGARDING POSSESSION, REPAIRS OR ALTERATIONS AND LOCATION OF IMPROVEMENTS, AND INDEMNIFICATION STATE OF OREGON, County of Washington) SS. REGARDING PROPERTY DESCRIBED AS: Lot 5, LAUNALYNDA PARK, in the City of Tigard, County of Washington and State of Oregon. UNDER OATH, I/WE state that: A. I/we understand that Oregon Title Insurance Company, division of Lawyers Title Insurance Corporation, a Virginia corporation, referred to as "the Company", is being induced and is relying on*this affidavit and indemnity to provide lender's title insurance without exception for certain matters not shown on the public records. Thy loan to which the title insurance applies is referred to as the "insured mortgage." B. The property at this date is in the possession of: THE UNDERSIGNED C. Any anp3 all repairs or alterations have been fully paid for. No liens can or will result from repairs or alterations. No repairs or alterations have been made to the property during the 75 days preceding this statement except: CHECK ONE BOX: NO REPAIRS OR ALTERATIONS HAVE OCCURRED IN PRECEDING 75 DAYS. [ ] AN ITEMIZED LIST IS ATTACHED, DESCRIBING REPAIRS AND ALTERATIONS AND THE ASSOCIATED COSTS. ALL COSTS FOR THE REPAIRS AND ALTERATIONS ARE PAID IN FULL, EXCEPT THOSE SPECIFICALLY ITEMIZED AS UNPAID OR PARTLY PAID, IF ANY. D. Check each box that applies regarding location of improvements: [ ) i) The attached survey accurately reflects the present location of he improvements. (ii) There have been no changes or additions affecting the location of the improvements during my/our ownership. [ ] (iii) During my/our ownership or since the date of the attached survey, the following changes or additions affecting the location of the improvements have been made (describe changes and provide sketch, if possible): E. If this is a loan transaction (and not a sale and purchase transaction), I/we, the undersigned borrowers, agree as follows in the event that the loan proceeds of the insured mortgage are used for repairs or alterations or in the event that repairs or alterations have been made on the property within the last 75 days: I/we shall hold the Company and our lender harmless and indemnify them against any loss, including without limitation attorneys' fees and costs, which either may sustain if any claimant under the Oregon Construc- tion Lien Law asserts priority over the insured mortgage of a lien arising from these repairs or alterations. I/we shall also pay the Company's costs and reasonable attorney fees, if the Company is required to enforce this imdemnity whether through arbitration, bankruptcy or insolvency proceedings, civil action, appeals taken thereon, or otherwise. TO BE SIGNED BY SELLER(S) OR IF REFINANCE BY BORROWER(S) jamAYK Alzgal Nisreen'M Alzgal C SUBSCRIBED AND RN TO BEFORE ME THIS - DAY OF October, 2002. 0 Notary Public egon d OFFICIAL SEAL My commission' x pires: JEFF D. GRAF OREGON PUBLIC (NOT FOR USE WITH NEW CONSTRUCTION) NO COMMISSIM1551DN NO ND. 348722 OTIC #405 (REVISED 10/97) MY COMMISSION EXPIRES AUG. 9, 2005 ADJUSTMENT TYPE 1 APPLICATION February 9, 2005 City Of Tigard Engineering/ Planning Re: Adjustment for 15065 SW Dawn Ct. Dear Sir/ Madam 1. Purpose To allow modest variation from required development standards up to 20% reduction of the dimensional standards for the side yard setbacks required in the base zone. We are requesting a 20% reduction of the east side yard setback on the lot, thereby allowing for a new addition to the family room and a new office to be up to 9 feet wide. 2. Approval Criteria a. A demonstration that the adjustment requested is the least required to achieve the desired affect; Without the setback reduction, the new office dimensions will be about 9 X 6.5 feet which makes it impractical to use as an extra room/ office. 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. c. The adjustment will not impede adequate emergency access to the site; The adjustment will not impede adequate emergency access to the site. On the contrary, allowing the adjustment will result in a bigger office which will be suitable for a bigger window up to smoke/fire escape codes. d. There is not a reasonable alternative to the adjustment which achieves the desired effect; As you can see form the attached site/ plot plan, there is no reasonable alternative to the adjustment which achieves the desired effect. Thank you for considering this request. If you have any questions, please do not hesitate to call. Sincerely, Jamal Alzgal Nisreen Alzgal (503) 544-9813 File Number U OCT o s zoo4 / CleanVF tel services out, commititLzut it eler. Sensitive Area Pr - reening Site Assessment By Jurisdiction VC Date -z o o Map & Tax Lot v s D t Li act Owner -TA 0 AL- AL ,7- tr Site Address b _ so ct> C --r J ~s ree n f~ LZ C- L -T I ~r ;ff, 4-1 2,lq Contact P-r-oposed-Activity Address ~1 V, r; d L. ' X Z Phone 95 oi- ~:~~-ra _ I d S~ (~F3 ~ - cr ~`a e f Official use only below this line Y N NA -Y N NA ❑ = 0 Sensitive Area Composite Map o o [m Stormwater Infrastructure maps Map # _S 1 k,1,4 _ QS # ez L`I ❑ ❑ ® Locally adopted studies or maps o ~ ~ Other Specify Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04-9: El Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. 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N ~l Q I O BEDROOM BATH UTILITY n 14.0' N FAMILY j CENTER ROOM + ROOM a 12.5' I cc m N GARAGE N LAUNALYNDA PARK LOT #5 15065 SW DAWN COURT N SCALE: 3/32" = 1.0' 22.2' ati 20S4 ~ti. 10.82 33.69 SW DAWN COURT