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VAR2005-00070 • • EXHIBITA NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005.00070 CITY OF TIGARD HOBBS SIDE YARD SETBACK ADJUSTMENT Community (Development Shaping.4 Better Community 120 DAYS = 12/1/05 SECTION 1. APPLICATION SUMMARY FILE NAME: HOBBS SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00070 PROPOSAL: The applicant has requested an adjustment to the side yard setback to reduce the setback from 5 feet to 4 feet to accommodate construction of an addition for medical needs to an existing single-family residence. APPLICANT: Donald & Margaret Hobbs 8294 SW Bonaventure Street Tigard, OR 97223 OWNER: Same LOCATION: 8294 SW Bonaventure Street; WCTM 2S112CC, Tax Lot 7700. 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. VAR2005-00070 HOBBS SIDE 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 addition 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: Located within the Langtree Estates subdivision, the site is bordered by single-family residences to the north, west and east with a religious facility to the south. The proposal is to construct an addition to an existing single-family residence that will protrude ino the five (5) foot side yard setback by one (1) foot. 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 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 one (1) foot adjustment to the side yard setback to allow the placement of an addition within the required setback. Up to a one (1) 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 an addition to an existing residence that accommodates the applicant's medical needs. Due to the placement and layout of the existing home, this request is the minimum relief needed to provide accessibility for the applicant. This criterion has been met. 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 allowance of the adjustment. There is an existing tree on the southwest corner of the property. Based on the setbacks indicated on the site plan and City of Tigard aerial photography, the addition will not encroach into the drip line of the tree. VAR2005-00070 HOBBS SIDE 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 construct an addition that meets the. medical needs of the applicant. The proposed design is the only realistic means to create such an area. 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: Notice 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 AUGUST 15, 2005 AND BECOMES EFFECTIVE ON AUGUST 16, 2005. Questions: yT~F-ave any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171. August 15, 2005 TFIFIRUIVED BY: Cheryl alnes DATE Planning Technician VAR2005-00070 HOBBS SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION w z KENTON DR LN later-11:49 a niti (L GEOGRAPHIC INFORMATION SYSTEM ELLFLOWER a ST ~ I- o ~ YI©NfTY NIW z 8N w v O X :V: AR2005-00010 AS HOBBS SETBACK ADJUSTMENT 00 LANGTREE ST n MLE CT SITE p ~ rr- m eo 00 ENTURE Q RSFZRH w -j p z ' 7 ~aaY _ 0 00 W Y y < pq T LN 00 SLL r > AVON ST o co ND gE{~ 6ENO ~ HA ~ a U a Tigard area Map I- STRATFORD C z 0 00 Q R CAROL ANN CT F=- N rn DURHAM RD 0 100 200 300 400 Feet 1'= 312 feet 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 972,23 (503) 6394171 httpW~v.Ci.Ggard.or. us F Community Development Plot date: Aug 11, 2005; C:UnagicWIAGIC03.APR 2S112CC-07700 • • HOBBS DONALD J & MARGARET A EXH I B IT.,L 8294 SW BONAVENTURE LN TIGARD, OR 97223 • AFFIDAVIT OF MAILING CITY OFTIGARD Community Development S6apingA Better Community 1, Tatncta G. Gu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of7igar , Washington County, Oregon and that I served the following: (Chedc Appropriate BOX(s) Below} ❑x NOTICE OF DECISION FOR: VAR2005-00010/HOBBS SETBACK ADJUSTMENT O AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Nibiit"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 EXhibit'B", and by reference made a part hereof, on AUNUSI15, 2005, and deposited in the United States Mail on AUBUS115, 2005, postage prepaid. (Person a rep red otice) S A2E OF OREGON County oWasjiiigton )ss City f f 4ard Subscribed and sworn/affirmed before me on the day of L!l '2005. OFFICIAL SEAL SUF ROSS r'774RY PU8LIC-'JRF7^n1\! i C:;;MMISSION NO. 375152 MY COMMIgS:ON EXPIRES DEC. 1, 2007 My Commission Expires: ADJUSTMENT TYPE I APPLICATION . An.- maw CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297, ft • GENERAL INFORMATION Property Address/Location(s): !R 04 1-VL(10 cs J FOR STAFF USE ONLY Tax Map & Tax Lot #(s): :.Q s I 1 a CC 017 00 Site Size: Case No.: V AB,2ooT-- Vuo'7y Applicant': "S prrArL- g ~4J~S 1'IK46QlCC~ Other Case No.(s): Address: ~r3~q Sw r3oaave,~ arc ST Receipt No.: ~(o(o q City/State: ^11~✓~ Zip: ~-1'z-z.3 Primary Contact: mcc,, K~~b J Application Accepted By: ~ Phone: U-) 4 - l,lg3 Fax: Date: 8-.3 -ps Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined To Be Complete: Address: 9aa c/ So Aoa4tier,-lu.•t Phone: 1.1y t5-3, City/State: 'T~a,n d2 Zip: q 7-2-23 Comp Plan/Zone Designation: ` When the owner and the applicant are different people, the Med UCn P-,- S I P-0- 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): ✓ Development Adjustment -Front Yard, Interior Setbacks and Lot Coverage Application Elements Submitted: >special Adjustments: ❑ 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 Slacking Lane Length Title Transfer Instrument or Deed ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing El Site/Plot Plan (2 copies) Dev. Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%i'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 -~0?57 0 0 P'~Q0 \-ROOJ Pcc.nr--O0A-n' ^9.0kC&-9- Jurisdiction: ❑ City ❑ Urb V4ee e-('~v,.LJT Z~ ~a ,2~-d..~ c~u ~ r ,J s r di yfVtc~ -S e f to it c lL ~~r•1 S 1 4-0 q 0 f 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. r DATED this day of ~\M V"- - , 200 'Dam" Applicant/Authorized Agent Signature Owner's Signature +Wsgnature ner's SignatWU/ CITY OF TIGARD 8/3/2005 13125 SW Hall Blvd. 10:41:10AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000003669 Date: 08/03/2005 Line Items:, Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00070 [LANDUS] Development Adjust 100-0000-438000 224.00 VAR2005-00070 [LRPF] LR Planning Surcharge 100-0000-438050 33.00 Line Item Total: $257.00 Payments: Method Payer User ED AcctJCheck No. Approval No. How Received Amount Paid • Check DONALD/MARGARET HOBBS CAC 2912 In Person 257.00 Payment Total: $257.00 DONALD HOBBS 24-75W3230 2 912 MARGARET HOBBS 0102 8294 SW BONAVENTURE LANE 5 jar TIGARD, OR 97224 DATE 2 ' PAY TO THE f • t° ORDER OF 62 JY p DOLLARS L' 1 Portland Postal g Employees' Credit Union 12630 SE. DMStON • PORTLAND OREGON 97238 MEM MP cReceipt.rpt Page 1 of 1 STATE OSEGON O J County of Washington SS Title Order No. 98149150 MR C" I, Jerry R' ''Hanson, Director of Assess- Escrow No. 98149150 ment and Taxation and Ex-Officio County Clerk for said county, do hereby certify that v5~ After recording return to: the within instrument of writing was received Donald J . Hobbs and recorded. in book;of records of said county. 11` , 8294 SW Bonaventure `L,'C Tigard OR 97224 Name, Address, Zip Until it change is requested all tax statements shall be sent to the Jerry R. Hanson, Director of following address. Assessment and Taxation, Ex- Donald J. Hobbs Officio County Clerk 8294 SW Bonaventure Doc : 9BO31647 Tigard, OR 97224 Rect: 205939 192.00 Name, Address, Zip 03/31/1998 0 2: 2 7: 0 4 pm STATUTORY WARRANTY DEED Eric L. Hansen and Leslie A. Hansen, husband and wife, Grantor, conveys and warrants to Donald J. Hobbs and Margaret A. Hobbs, husband and wife, acid John McGlynn and Margaret McGlynn, husband and wife, w i t h r i g h t- s of s i r v i v o r s h i p, Grantee, the following described real property free of encumbrances, except as specifically set forth herein situated in Washington county, OREGON, to wit: Lot 9, LANGTREE ESTATES, in the City of Tigard, County of Washington and State of Oregon. This property is free fronn cncunnbrainces, EXCEPT: Statutory powers of levy and assessinent of the unified sewerage agency; Easement for utilities of record in ordinance of record; Easement as shown on plat; Covenants, Conditions and Restrictions of record: 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 DE'T'ERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $158, 500.00. (Here comply with the requirements of ORS 93.030) Dated this 31st day of March 19 98 C. :it= WASHINGTON COUNTY t 4 f - 1i_V REAL PROPERTY TRANSFER TAX Leslie A. Hansen FEE PAID DATE a STATE OF OREGON County of Washington } ss. BE IT REMEMBERED, That on this 31 s t day of March , 19 98 before nne, the undersigned, a Notary Public in and for the State of Oregon, personally appeared the within named Eric L. Hansen and Leslie A. Hansen known to tile to be the identical individual s described in and who executed the w' hin instrument and acknowl dged to nnc that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, i have hereunto set my hand and A ixetYiy offic's all the day ►3 a above written. Notary Public for Oregon Commission Expires OFFICIAL St:.AI_ lst,,.~ JOIi"ify. WfL(.fAPsIS , NOTAny PUBLIC, 0,11EGON COMMISSION N0.05023:+ AAY l,`?M"AIS51llh7 FXPI!~f=t'i i~!?(' tl), ?.Irm ' a Addendum to Application for Variance Re: 8294 SW Bonaventure St. Tigard, Or 97223 The following are answers to required criteria questions: 1. Demonstration that adjustment is minimum needed. A. Due to need of access and existing house location, the need for a F variance is needed to allow for usable shower for owner. 2. Adjustment will result in preservation of trees. A. . No trees will be impacted by this action. 3. Adjustment will not impede emergency access. A. Rear of house is accessible from either side, even with variance. 4. No reasonable alternative. A. Due to existing structure and need for ease of access, the need is limited to this specific location. This is submitted in conjunction with the above application. Please feel free to give me a call with any questions. Sincerely, Meg Hobbs, applicant. _ 5to~ s ~1-~IOt,I i z