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VAR2005-00062 • • MULL_ NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005-00062 CITY OF TIGARD COLLIGAN REAR YARD SETBACK ADJUSTMENT Community (Development Shaping,4 (Better Community _J 120 DAYS = 10/13/05 SECTION I. APPLICATION SUMMARY FILE NAME: COLLIGAN REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00062 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. APPLICANT: Paul Colligan 8820 SW Waverly Drive Tigard, OR 97224 OWNER: Paul & Heidi Colligan 8820 SW Waverly Drive Tigard, OR 97224 LOCATION: 8820 SW Waverly Drive; WCTM 2S114AD, Tax Lot 2400. COMPREHENSIVE PLAN DESIGNATION: 'R-12, Medium Density Residential. ZONING DESIGNATION: R-12: Medium Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of 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. VAR2005-00062 COLLIGAN 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. 2. Deck may be removed from Public Storm Water Easement if deemed necessary by the City of Tigard and replaced at the homeowner's expense. 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 lot 23 of the Waverly Estates subdivision which is bordered byy Cook Park to the south, a Clean Water Services wastewater treatment facility to the east, Ti and High School to the north and single-family residences to the west. The proposal is to reconstruct an existing deck which currently lies within the rear yard setback. A search of City records did not reveal any variances or adjustment applications for the site, nor does the original subdivision file SUB93-0007 indicate adjusted setbacks were approved for Waverly Estates. The deck will protrude into the fifteen (15) foot rear yard setback by three (3) feet. Along that same fifteen foot setback, a public storm water easement was granted to the City of Tigard when the subdivision was platted. After reviewing this matter with the City's Engineering Department, the easement is not actually necessary because there is no public line within the easement. The only line within the easement is a private storm line and therefore the encroachment will be allowed. This allowance is not typical procedure. In the future, if deemed necessary, the deck will be removed for work within the easement and replaced at the owner's expense. 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; VAR2005-00062 COLLIGAN REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE 1 DECISION 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. 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 applicant is proposing to reconstruct an existing 216 square foot deck. There is an existing sliding glass door approximately seven feet above grade that opens onto the deck. Due to the existing conditions 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: office 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 JUNE 23, 2005 AND BECOMES EFFECTIVE ON JUNE 24, 2005. 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. Q• (4. June 23, 2005 TPPROVEE) BY: Cheryl Gaines DATE Planning Technician VAR2005-00062 COLLIGAN REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM YI©NMY MM W VAR2005-00062 ° COLLIGAN SETBACK N ADJUSTMENT f V NS FERN RD SITE 2 Fp euLCRfr Qr eounA D J BEND RD' D El 3 Tigard Area Map A N 0 100 200 300 Feet 1'= 250 feet City of Tigard Inforrrlation 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 httplMnvw.ci.tiga rd.or. us Community Development Plot date: Jun 23, 2005; C:\magic\MAGIC03.APR R! L. f . 7t,~w 11. k v' t S. .h= t.. Z, ~y1ll517o 11 CiICS}18II1 IO 21Cm a t V8DC0 - n No.. .;ll . 503 669-0795 5031640-5434 503 - 463-83 31 ~ ) 360 '53:3.792,;.,*---,. a wwwnn~~ f r f r... ,•3.• ..LUC ksFen .r . g - - ~ k L" J{ Y L I 4 I rr • s. I _ i t 1.. L . i l f: i i w. ( i. i f: 1 A I i I Y., - - w. .7-77 t. . i i i t I. I I ~E ~ L 1. h ~~a V. I l` I a. ~I I j. t ( ( _ ( t' w 7 4- F4 I f C.r ,f cr • AFFIDAVIT OF MAILING CITY OFTIGARD Community 0evefopment Sfmping,4 Better Community I, 'Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s).Below) a NOTICE OF DECISION FOR: VAR2005-00062/COLLIGAN 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 June 23, 2005, and deposited in the United States Mail on June 23, 2005, postage prepaid. (Person hat pared Notic ST,42E Off' OUGON County o 'Was rngton ) ss. City of Tigard Subscribed and sworn/affirmed before me on the day of C , 2005. OF,=IGIAL SEAL 6 _ II COMN:'.~'_'IUN NO. 375152 V My COML.:::ION of?IREs nF_C 1, 2, UTANYT9LIC UF UNEGUN -7 MV Co Mi ion Expires: /c2 _0 06/13/2005 10:22 FAX 5035981960 CITY OF TIGARD • IN02 Ff ADJUSTMENT TYPE I APPLICATION Pt,t~^J CITY OF YIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): QnLD TAl W aUrv FOR STAFF USE ONLY Tax Map & Tax Lot #(s): 5l An -oZq oo Case No.: V KaCL)5 Wolam Site Size; Applicant*: .i~~ Coll Other Case No.(s): Address: 492v v lJaU Receipt No.: 005 7 ~ City/State: %r Zip: X7224 Primary Contact, Application Accepted By:_ Phone: Sc', - Fax: Date: l S Proper /Deed Holder( ,b f n s)*: (Attach list if more than one) Date Determined To Be Complete: OY-11 d-1 Address: -Adzv SdJ k)(Ole-e6 Phone: f 3- 7.0 (p - (S-OS City/State: 1:14 ..f l i Zip: f7ZZy Comp Plan/Zone Designation: * When the owner and the applicant are different people, the -la - Ma De•. 2e~r 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, e/28104 i.kourpln\masterslrevisedladjustment•t.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): >+Davatopment Adjustment - Front Yard, Interior Setbacks and Lot Coverage ✓ Application Elements Submitted: ➢s acia r t en a: ❑ 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 Langlh Title Transfer Instrument or Deed ♦ Parking Adjustments- Reduction in Minimum Parking for Transit lmprovements/t_xisting ❑ Site/Plot Plan (2 copies) Dov, Q Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8112°x 1V) Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washington 'square Reg. Center Density Adjustments ❑ Applicant's Statement (Addressing Criteria Under Section 18.$70.020) Please state the reason for the Adjustment request: Filing Fee Jurisdiction: ❑ City ❑ Urb 06/13/2005 10:22 FAX 5035981960 CITY OF TIGARD 0 laO03 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 properly. • If the application is granted, the applicanE 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 U^0- Applicant/Authorized Agent Signature Owner's ignature C'~ ~wn 's Signat ure Owner's Signature CITY OF TIGARD 6/15/2005 13125 SW Hall Blvd. 3:23:19PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000002744 Date: 06/15/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00062 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00062 [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 r Amount Paid • Check HEIDI/PAUL COLLIGAN CAC 2489 In Person 249.00 Payment Total: $249.00 HEIDI L. COLLIGAN 2 z§o 3239 2489 PAUL W. COLLIGAN 3633991132 8820 SW WAVERLY DR. Date TIGARD, OR 97224-5441 Pay to the $vly order of Dollars W Fargo Bank Northwest, N 522 A Avenue Lake Oswego, OR 97034 M = www.wellsfargo.comll ~ a Memo - 4.1 ~Y~t ~/11G:f AZ cReceipt.rpt Page 1 of I 06/13/2005 10:23 FAX 5035981960 CITY OF TIGARD X1004 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in Section 18.370.010.C. 18.370.020 Adjustments A. o e. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.020.0. B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection A2 below: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard l~J setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment will not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Variances and Adjustments 18.370_2 SF✓Code Update: 04102 j t~~~~ ~ Dc2 ~ 7 22Y ~t~V~~~ 1~~ dC~►baL1°~ t~~~v Sfi~+b.,1 ~~I~.~ C1+4•~~ V,) b1 c't, l dw t t ~ . ui- At ~a~l CcI~~S~~1