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VAR2005-00061 • • EXHIBIT-- NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005-00061 CITY OF TIGARD ENGLERT REAR YARD SETBACK ADJUSTMENT Community(Devefopment Shaping,4 (Better Community 120 DAYS = 10/18/05 SECTION I. APPLICATION SUMMARY FILE NAME: ENGLERT REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00061 PROPOSAL: The applicant has requested an adjustment to the rear yard setback to reduce the setback from fifteen (15) feet to twelve (12) feet to accommodate construction of a new single family residence with attached shed. APPLICANT: Terry Englert 12640 SW 111th Place Tigard, OR 97223 OWNER: Ter En lert 1264SW 1111n Place Tigard, OR 97223 LOCATION: 10960 SW Errol Street; WCTM 2S103AD, Tax Lot 404. 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, and duplexes, at a minimum lot size of 10,000 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. VAR2005-00061 ENGLERT REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITIONS OF APPROVAL 1. The proposed shop must be attached to the residence as indicated on the provided site plan. Otherwise the building will be considered an illegal accessory structure that does not meet the standards outlined in Tigard Development-Code 18.510.060. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 2. Prior to issuance of any building permits, the applicant must attain approval for the new residence and shed from the Tigard Building Division. 3. The applicant must provide a Clean Water Services Service Provider Letter to the Tigard Building Division. Sensitive areas potentially exist on the site or within 200 feet of the site. 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 central Tigard and is bordered by single-family residences of varying ages. The proposal is to construct a new single-family residence with attached shed on a vacant site. Based on a Clean Water Services pre-screening site assessment, sensitive areas potentially exist on or near the site and a site certification must be performed. The site has an existing twenty (20) foot access easement along the eastern property line for the adjacent parcels to the south. The applicant would like to utilize this existing accessway and is requesting adjustments to the front and rear yard setback requirements to place the proposed residence and shop on the property. This decision of approval only addresses the rear yard setback adjustment that will allow the shed to protrude into the fifteen (15) foot rear yard setback by three (3) 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 a three (3) foot adjustment to the rear and setback to allow the placement of a shop 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 tye maximum allowed under the code. A development Adjustment shall be granted if there is a demonstration of compliance VAR2005-00061 ENGLERT REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION 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 construction of an attached shop to a proposed single family residence. As stated in the narrative, the applicant wants to utilize and existing drive to access both the residence garage and attached shop. 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 there are no trees in the area. A site visit confirmed there will be no trees affected by the proposed setback adjustments because all trees have been cleared from the 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 effect. The desired effect is to construct a new single family residence and attached shop. Placement of the structures on the easterly portion of the site will allow the applicant to utilize an existing accessway and have room to expand the home in the future. 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: oil tl 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 22, 2005 AND BECOMES EFFECTIVE ON JUNE 23, 2005. Questions: 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. June 23, 2005 TPPROVED BY: ery alnes DATE Planning Technician VAR2005-00061 ENGLERT REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION ,:25 R:\LS\LS-E~GLERY•dNN9 MRR • r r r ~0y r r ~ 1 - II I 1 1 r-- I 1 I ' • I M I i 1 0 0 1 ~ 11 1 w ° 1 1 1 1 t t N 1 1 I W I t W t 1 r I 1 ~ 1 12' 4.. 9~ 1 1 N 1 1 I t J t O I I Lr- t 1 II 1 31 Qo W 1 1 1a 1 I 1 15. 0•• I I I N I I 5'-0" II _ Y~yt O 40. 1 (0 o I SHEG II 1 ~ O I 100 o to. I EL 0 MA FLQGR it N r I IN I ~ GE 1 1 I E A~ 0' I 1 1 ..-S 1 i C GONG III 15 0.. 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F~EID YDDF ~ / ~~•~~uae~N'w' 15.000 _ 11t'"" qoy wF x~•so>ri>s.oaas ~ so>n1b.o`~` W > CITY of TIGARD Q GEOGRAPHIC INFORMATION SYSTEM YI©NITY MAP w ~ w C VAR2005-00060 IR co VAR2005-00061 WALNUT ST JO HP ENGLERT SETBACK ADJUSTMENTS w w Q N r Y FSFER RD fE ; ~ aM Q P .2 Qa d nONITA D eEffaEND D 1 Tigard Am Map N 0 100 200 300 400 Feet 2 QP NNE 1'= 312 feet U Q WATK~NS City of Tigard Information 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) 639,4171 httpJ/www.ci.tigard.or.us Community Development Plot date: Jun 21, 2005; C:\magicWIAGIC03.APR 1 • AFFIDAVIT OF MAILING CITY OFTIGARD Community (Devefopment Sfuiping,4 Better Community 1, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCtst for the City ofTWard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) D NOTICE OF DECISION FOR: VAR2005-0006VENGLERT SETBACK ADJUSTMENT 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 22, 2005, and deposited in the United States Mail on June 22, 2005, postage prepaid. V F Va (Person that Pre ed o Ice) j /1 STAgE OF OU ON County o~f `Was tngton ) ss. City of Ttgard Subscribed and sworn/affirmed before me on the c~O-) day of , 2005. "u OF~I~IAL NUT/ ?;4is~ is12 I MY1901K,i': 0 EXPIRE~S~EG 1, 2txird J, 0 - My Co I ion Expires: /J- 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): u) S1n~ ~i(•Ul I FOR STAFF USE ONLY Tax Map & Tax Lot #(s): d Site Size: Case No.: VP(,a005-000to Applicant`: Other Case No-(s): KSTanoS - Oo18 -A Address: Receipt No.: ao05-a(o8'7 City/State: 46, - Zip: 1722 3 Primary Contact: Application Accepted By: C • Cc.~.,oy Phone: 1-O-i ,Flo S~ 13110 ax: Date: (o ^ f-g -as Propert Owner/Deed Ho der s)'`: (Attach list if more than one) I Date Determined To Be Complete: Address: Phone: <D7- 6J!rj V701 (p a}o -cis City/State: Zip: -7 22 Comp Plan/Zone Designation: " When the owner and the applicant are different people, the Res / c4 ,s 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. 8/26104 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): 111n - >Development Adjustment- Front Yard, Interior Setbacks and Lot Coverage ✓ Application Elements Submitted: ius ei i!s 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 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: Filing Fee SoA41. 00 Ef G~ ~ ~,ca f r f Jurisdiction: City El Urb 0 ! r. 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 J 2005'- Applicant/Authorized Agent Signature Owner's Signature Owner's Si nature Owner's Signature CITY OF TIGARD 6/13/2005 13125 SW Hall Blvd. 3:40:11 PM Tigard, Oregon 97223 (503) 639-4171 , Receipt 27200500000000002687 Date: 06/13/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00060 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00060 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 VAR2005-00061 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00061 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $498.00 • Payments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid CreditCard TODD A ENGLERT CAC 086309 In Person 498.00 Payment Total: $498.00 cReceipt.rpt Page 1 of 1 ~m CHICAGO TITLE INSURANCE COMPANY OF OREGON BUYERS ESTIMATED SETTLEMENT STATEMENT Buyer: Terry Englert Escrow No.: 4500-40606-TW Susan Englert Order No.: 219328 Date: 09/25/00 Seller: Christopher J. Huke Property 10960 SW Errol St. Address: Portland, OR 97233 Escrow Officer: Tammy Weaver Date: 09/25/00 Charges Credits Purchase Price 64,000.00 Deposit or Earnest Money 1,000.00 County taxes from 07/01/00 to 09/28/00 14.63 s Escrow Fee to CHICAGO TITLE INSURANCE CO...................... 225.00 County Transfer Tax 32.00 Recording of Deed 40.00 Sub-totals 64,297.00 1,014.63 Balance due from Buyer 63,282.37 Estimated Totals 64,297.00 64,297.00 The above figures are estimated and subject to adjustments prior to the disbursement of funds. Ce Terry Englert Susan Englert ~.i .,6CORDING RETURN TO: -y Englert ,usan Englert Until a change is requested all tax statements shall be sent to the following i address: Escrow No: 4500-40606-TW Order No: 219328 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) CHRISTOPHER J. HUKE Grantor, conveys and warrants to TERRY ENGLERT & SUSAN ENGLERT, HUSBAND AND WIFE Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Continued) This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930. ENCUMBRANCES: 6. Taxes for the fiscal year 2000-2001, a lien but not yet payable. 7. The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) The true consideration for this conveyance is $64,000.00 Dated if a corporate grantor, it has caused its name to be signed by order of its board of directors. Christopher J. Huke STATE OF OREGON, County of )ss. This instrument was acknowledged before me on , by This instrument was acknowledged before me on , by as of Notary Public for Oregon My commission expires: assessor Assessor information Tax Lot Number: 25103AD00404 Property Address: 10960 SW ERROL ST Mailing Information: ENGLERT, TERRY 12640 SW 111TH TIGARD 97223 Assessor Taxlot Size: 0.35 (Acres) Building Square Footage: 0 (Square Feet) Assessed Land value: $117260 Assessed Building value: $0 Total Assessed value: $117260 Last Sale Date: 09/25/00 Sale Price: $64000 Page 1 June 13, 2005 To: City of Tigard Planning Department From: Terry Englert Ike: Type I Application for a setback adjustment. I am applying for a type I adjustment for a front yard and interior setback. I am building a single family dwelling with an attached shop. We would like to access both the shop and house from the left side easement. By placing both buildings on the leil side of the property we leave room for future additions to the house. Currently we cannot tit both of the buildings inside the setbacks. With an adjustment to the front yard set back and the rear set back we will be able to place the buildings next to each other. The front yard and rear yard setbacks will not harm any trees because there are no trees in this area. The set back adjustment will not impede adequate emergency access to the site. There is a 20' access easement on the left side and ample access on SW Frroll st. To keep the house and the shop uniform, and leave room for an addition to the house there is no alternative but to adjust the setbacks. I believe that the type I adjustment is the correct route to solving this issue. Please contact Todd Englert (503) 805-1310 with any questions you might have about this project. Thank You, q J. Terry Englert