VAR2005-00058
EXHIBIT..L
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2005.00058
CITY OF TIOARD
SUMMIT RIDGE LOT 33 REAR YARD SETBACK Community(Development
ADJUSTMENT ShapingA Better Community
120 DAYS = 9/29/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: SUMMIT RIDGE LOT 33 REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2005-00058
PROPOSAL: The applicant has requested an adjustment to the rear yard setback to
reduce the setback from 15 feet to 12 feet to accommodate construction of
a deck and wheelchair ramp.
APPLICANT: loana Cristurean
12449 SW 116th Avenue
Tigard, OR 97223
OWNER: Don Morissette Homes, Inc.
4230 Galewood Street
Lake Oswego, OR 97035
LOCATION: 12785 SW Summit Ridge Street; WCTM 2S109DA, Tax Lot 5600.
COMPREHENSIVE
PLAN
DESIGNATION: R-7, Medium Density Residential.
ZONING
DESIGNATION: R-7: Medium Density Residential District. 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. 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.
VAR2005-00058 SUMMIT LOT 33 REAR YARD 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 deck
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 site is located in the Summit Ridge subdivision and is bordered by single-family
residences. The proposal is to construct a deck with a wheelchair ramp for a new single-
family residence. The deck will protrude into the 15 foot rear yard setback by 3 feet. Due to
the site's topography, the ramp and deck are necessary for wheelchair access into the
backyard/outdoor area.
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 a 3 foot adjustment to the rear yard setback to allow the
placement of a deck within the required setback. Up to a three (3) foot reduction of this
setback may be allowed provided the following criteria are addressed. The applicant is
requesting 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 a deck addition to the new residence already
under construction. As stated in the narrative, the deck will create an accessible outdoor
area for the applicant's adult care residents. 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 will be affected by the construction of the deck or
allowance of the adjustment.
VAR2005-00058 SUMMIT LOT 33 REAR YARD 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
effect.
The desired effect is to create a wheelchair accessible outdoor area on a sloping lot. This
design is the only realistic means to create such an area. In addition to the sloping
topography the site is further encumbered by a five foot wall easement along the eastern and
northern property lines. No structures are allowed within this easement set aside to allow
maintenance of the large retaining walls along the property's borders. Due to the limitations
of the site, 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:
TToflce was mailed to the applicant and owners.
Final Decision:
setback Tjustment 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 JUNE 8, 2005
AND BECOMES EFFECTIVE ON JUNE 9, 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.
Q. June 8 2005
7KIPPROVED BY: Cheryl alnes DATE
Planning Technician
VAR2005-00058 SUMMIT LOT 33 REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
CITY of
GEOGRAPHIC INFORMATION SYSTEM
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SUMMIT RIDGE LOT 33
2 SETBACK ADJUSTMENT
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City of Tigard
Infonnation on this map is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
(503) 6394171
hffp:/h W v.d.tlgard.or.us
Community Development Plot date: Jun 8, 2005; C:V'lagicWIAGIC03.APR
DON • MORISSETTE OBE: 3474
801[=8 INCORPO=ATSD
4850 GALEWOOD STRANT LOT: 33
aoe)as~°8W2Q ss FAX ao02 a)sa~9708 DATE: 12/22/2004
tPROPERTY: SUNMIT-RIDGE
CITY: TIGARD
SCALE: i"=20'
PLAN No.: 169B
Q o-~~v OPTION-1 ELEVATION
v
464 d ~ t
3' setDaek agent ti,:
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_ 10' pyjti
458' Wneeld-CIF ramp
1 35'6'
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AM &ammtt Ridge Stra t
LEGEND LOT COVERAGE
I LOT AREA: 6,426 SQ. FT.
EXISTING FIR BUILDING AREA: 2,600 SQ. FT.
PERCENTAGE: 40.50
NOTE: . .
ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCATIONS. LOT 033
ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGURES. yd42fp 6q. M
I THEY MAY VARY AND BE SUBJECT TO GWANGE.
2S109DA-05600 EXHIBIT..,.
DON MORISSETTE HOMES INC
4230 GALEWOOD #100
LAKE OSWEGO, OR 97035
Ioana Cristurean
12449 SW 116th Avenue
Tigard, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDevelopment
Shapingfl (Better Community
I, Tatricia L. Luns{ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialtst for
the City of TWardd, 'Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑x NOTICE OF DECISION FOR: VAR2005-00058/SUMMIT RIDGE LOT 33 SETBACK ADJUSTMENT
0 AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit"W', 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 lone 8, 2005, and deposited in the United States Mail on lnne 8, 2005, postage prepaid.
(P tha repared Noti )
STA(IE O(' MELON
County o `Was ington ) SS.
City of Tigard )
Subscribed and sworn/affirmed before me on the o)a day of , 2005.
i OFFICIAL SEAL 1
SUE :3058
NUTA-, PUBLIC-OREGON
N COMMISSION NO. 375152
MYCOMM010N WIRES nEC.1, 2:
ICJ IYpI Co ion Eymires: J/ 7
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): ~ 27-,O- SKI -COMMIT RIWE
STREET 7-16~4~A , DAP °J-iY22y FOR STAFF USE ONLY
Tax Map & Tax Lot #(s):
Site Size: 6ti216 Jf ff Case No.: VPrRa od5 00059
Applicant*: 7777 CRIST-URE4W Other Case No.(s):
Address: 4,00 SX/ VA Receipt No.: a 00 S '-a 1450
City/State: ']'/tea/ zip: 9-2z3
Primary Contact: 10,+N4 CiR/S-tURMA/ 46% Application Accepted By: C . ~cP.~-na,~
Phone: 303 3'90 6ZJ ~ 5443-U-7030 Date: to -I -o S
Proper
AQAJ ty Owner/Deed Holder(s)*: (Attach list if more than one) F 0 Date Determined To Be Complete:
~S C,
Address: I230 Ca4ti W00.D S7REF"rPhone: 03 5 (e -1 - 0S
City/State: 44-K15 OSWE:6-0 Zip: 25 -
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the Hed. 'Den Res / R-7
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):
✓ Application Elements Submitted:
evelopment Adjustment -Front Yard, Interior Setbacks and Lot Coverage
>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.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%2'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: rn"
❑ Filing Fee ~ y
44RGER AECK C0N1r91)C7701V TO Jurisdiction: ❑ City ❑ Urb
-6CLOMO.d tl` 7c t e TO S ELdER L y t,SIA/ 6~-
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.
SIGNATURES of each owner of the subject property.
DATED this day of 20
Applicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
CITY OF TIGARD 6/1/2005
13125 SW Hall Blvd. 8:56:06AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200500000000002450
Date: 06/01/2005
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2005-00058 [LANDUS] Development Adjust 100-0000-438000 217.00
VAR2005-00058 [LRPF] LR Planning Surcharge 100-0000-438050 32.00
Line Item Total: $249.00
Payments:
Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid •
Check IOANA/FLORIN CRISTUREAN CAC 0926 In Person 249.00
Payment Total: $249.00
,--y{ 0926;
2M2?J1230 3206 q
IOANNCRISTUREAN~u
fLORIN,CRISTUREAN"
12449 SW 116TH AVE. s r bate
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TiGARD19R 97223-3190 i z? f . •
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s , Order Of Dollars
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For -
cReceipt.rpt Page 1 of 1
05/23/2005
Dear Sir/Madame,
We are requesting a 20% interior setback adjustment for the property located at 12785
SW Summit Ridge Street in Tigard.
The adjustment for the "L" shaped deck (-8ft high, due to lot/house elevation changes
during construction) will intrude 3ft in the 15ft rear yard setback
setback. Both rear and side yards back into green space. No existing trees will be affected
by this adjustment.
This is an adult care home and the adjustment is being requested to allow for construction
of a deck large enough to accommodate up to five elderly using wheelchairs. The deck
will be used as a sitting area, eating area, as well as wheelchair ramp/emergency access to
the house.
This area is the only easily accessible outdoor area for the elderly. There are no other
reasonable alternatives. The adjustment will also improve emergency access to the home.
Please feel free to contact us for any further questions at 503-590-7688 (home) or
503-866-7030 (cel).
Thank you.
Sincerely,
Ioana Cristurean Florin risturean
• •
mmmm-
DON MoRissETTE HoMEs, INC. 3
4230 Galewood Street, Suite 100, Lake Oswego, OR 97035 • Office (503) 387-7538 • FAX (503) 387-7615 • CCB# 35533
PROPERTY DISCLOSURE AND BUILDING PERMIT ADDENDUM
Purchaser T,-4.c) v-LA,\ _ 1A
Community/Homesite w\ : /at cr:5e-.1t~- ("Property")
Address 12-1 S>JJ %L) vvxvv\'~r 9--4' sk &T 1ob#
STATEMENT OF EXEMPT STATUS
PROPERTY DISCLOSURE
The subject property is a new home that has never been occupied and is exempt from
the Property Disclosure Law ORS 105.470.
BUILDING PERMIT ACKNOWLEDGEMENT
This home was copstructed or installed under ui t oissued by
Purchas r Date
Purchaser Date
Seller Date
13-/
'Sales -!associate Date ^\1 ~
revised 515101
o L M
MAR 2 1 2 nn5
SCAM l m=201
o PLAN No.: 169E
I-PNO OPTION- i ELI VATIC
464' 448
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04
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456'
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458' -456' SI K j^_:.:.,
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I4583~ 456 454 452
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