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VAR2005-00075
• EXHIBITL NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005.00075 CITY OF TIGARD FISHER REAR YARD SETBACK ADJUSTMENT Community (Deveh)pment Sfiapingg (Better Community 120 DAYS = 12/16/05 SECTION I. APPLICATION SUMMARY FILE NAME: FISHER REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00075 PROPOSAL: The applicant has requested an adjustment to the rear yard setback to reduce the setback from 15 feet to 13 feet to accommodate construction of an addition. APPLICANT: Anthony Fisher 1300 Glenmorrie Drive Lake Oswego, OR 97034 OWNER: Same LOCATION: 9240 SW O'Mara Street; WCTM 2S102DC, Tax Lot 00302. 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 designedpto 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. VAR2005-00075 FISHER 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 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 in central Tigard, the site is surrounded by single-family residences. The proposal is to construct an addition to enlarge an existing single-family home and connect the residence with an existing detached garage. The addition will protrude into the fifteen (15) foot rear yard setback by two (2) feet. This encroachment runs along the entire length of he 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 two (2) foot adjustment to the rear yard setback to allow the placement of an addition 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 not 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 will expand the living area and connect the residence with an existing garage. The applicant wishes to align the rear wall of the addition with the existing garage. The home was constructed in 1930 and the applicant states the detached garage was constructed in 1950. The garage is considered a nonconforming structure. By granting the adjustment the garage is brought into compliance. The applicant is only requesting a two foot adjustment which is less than the maximum allowed. 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. VAR2005-00075 FISHER 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 construct an addition that aligns with the rear wall of an existing detached garage. The proposed design is the only realistic means to create such an area. As stated above granting the rear yard adjustment will allow the garage built in 1950 to conform to an approved variation from current standards. 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: oN fi a was mailed to the applicant and owners. Final Decision: setback Adjustment 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 19, 2005 AND BECOMES EFFECTIVE ON AUGUST 20, 2005. Questions: you ou have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. August 19, 2005 TPPROVED BY: Cheryl sines DATE Planning Technician VAR2005-00075 FISHER REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION 2^ 0 CITY of V- GEOGRAPHIC INFORMATION SYSTEM VI©NF" MW VAR2005-00015 LP FISHER SETBACK N ADJUSTMENT Q w w U ' RA SITE Y RSFERR sutiinTrq;;' a SONrA G "EEF 6EIrD RD Ro .1 1 Tigard Area Map N 0 100 200 300 400 Feel Y~ VIEW CT 1'= 314 feet 87T City of Tigard Information on this map is for general location ony and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 6394171 httpWI~v.ci.tigard.or.us .im r-nTF=T-= FT-FT7F-FTr,7,,, Community Development Plot date: Aug 19, 2005; C:\magicWIAGIC03.APR 2S102DC-00302 EXHIBIT M FISHER ANTHONY C 1300 GLENMORRIE DR LAKE OSWEGO, OR 97034 IFIGAVIT OF MAILING CITY OFTIGARD Community 0evefopment Shwpingfl (Better Community I, 'TatriciaL. Lu d being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminiwativeSpecia&tfor the City of %gar Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) rX1 NOTICE OF DECISION FOR: VAR2005-00015/FISHER SETBAfK 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 Exhibit "B", and by reference made a part hereof, on August 19,2005, and deposited in the United States Mail on Au9nS1 19,2005, postage prepaid. (Person th t Pre red Notice) STA91E OF MGOX qqun ~ of Was FFeeirrgton SS. City Subscribed and sworn/affirmed before me on the day of '2005. ya• OFFICIAL SEAL `ash SUF ROSS ~a WTARY PUBLIC-CRF17-ON COMMISSION NO. 375152 N1Y COMMISKON EXPIRES DEC. 1, 2007 My Com ion Expires: -d 7 VV/ ylI ~VVV rY vw y 1• ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hell Blvd, 77gard, OR 97223 (503) 6394971 FAX: (503) e84.7297 !Q~KNERA- FO TION Property Address/Location(s): FOR STAFF USE ONLY I Tax Map & Tax Lot #(s): -7 FT z Cage No.: VAiRQ0 5-DO075 Site Size: 000- ApptiCillt': S Other Case No.{s): } Adgrese: do 41961 /ytrrnie ReCeipt No,: x005-40,-3 City/state: St~1F: Primary Contact: s:N Application Accepted By:• C •_C phone: 5-6s,710 o& 8 7 Fax: So 3 - J7 mate Property 0wner/Deed Hotder(sr: (Attach list it more than one) Data Determined To De Complete: Address; Phone: ^ / 8 - 0 5 City/6t2Re: ZIP. Comp PianMone Designation: When the owner and the applicant are d!tl' mnt people, the Fes-,Lk L{ • 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. i;1cx~~otnv,~scg;s~ev~ec~oatus~mo,:-i.ae~ The owner(s) must sign this application In the space provided on the Rev. 326104 baCK of this form or submit a written eutheftagon with this application. a SLIMMAR ERO -Y owners of record of the subject property request perrni88ion for an RgQUIRIp SUBMITTAL Egg IAENTS Administrative Adjustment to the following provision(s) of the Community Development Cods (please circle one only): ' ✓ Application Elements Submitted: ' >Dmveiqrnerd Aduatmert- Front Yard, interior Setbrckn and t 3t Cvvwvge ysEgE! dl4rtm•- ❑ Application Form ♦ Adjue~* W a Suearvlslon • Reduction of Minimum R•eidenW Doneity D Owncr's SignatureNVrltten Authorization • LanasaadngAdjusarants-ftaftNewtttrvat'rrpa ❑ Tit'eTranefel'!nstrumentorDeed • Parking A A rlmenti-Redueticn in Stacking Lone Length ♦ Paving A)6vr ante - 14dwoon io k4n mvm ptfw Lq for TmnoA ImpRmmanta/F"ka Slte/plot Plan (2 copies) t7aN. ♦ Samaric Adustmnnts- steiaeate to Rectum ~naa Rgmovty ❑ Slte/Plot Plan (reduced 8Yix 11°) ♦ Wirsiess Co nmv kvOon Fadity Adjuavnents- Mtance From MOW Tourer ~ App)ieanYs Statement ♦ WsiNngtan aquere Rs Center Dsn A4uetmonta - (AC4resalny Gitaria Under Sermon 18.370.020) Please stdt~t~he r~a son fort Adjustment request K~S ~ ❑ Filing Fee s ~I C 7-WO for (u~ n!g -e 4T Set-- JurisdtctiQn: ❑ city urn Zd WdBT :20 S00Z ZZ '6nd 'ON XUA WO~Id APPLICANTS: To consider an application compieta, you will need to submit ALL of the REQUIRED jUBIVIITT & ELEMENTS- as dagcribed on the front of this application In the "Required Submittal) Elemer ts" box. (Detailed Submittal Requirement infarmatlon sheets can be obtained, upon request for all types of Land Use Applications.) THE APPUCANT(S) SHALL CERTIFY THAT: • Ths above reauev toes of violate env deed rrestnctlpne. thgk_.rtma !tie a_Mched t0 or imposed upon the !guolpntprgpas tz, • If the applicetien is granted, the appleant-will exurcisa the rights granted In accordant with the terms and Gubjoct m oil the conditions and lirnktiols or the approval. • All of the above statements and the statmmM9 In the plot plan, attachments, and wftbits transmitted herewith, are true; and the applicenta $o acknowledge that any pe=rmit issued, based an this application. may be revoked if It is fbund tat any such statements are false. + The applicant has read the entire corlterds of the application, including the polcles and cxit da, and understands the raquirements for approving or denying the appiication. SIGNATURES of eggh owner of the subject property. DATED this day of 20 DDS e IOP4~ Applican Authorized Agent natu ovwro s Slg ur owner's Signature Owners Slgnalmro Ed Wd6T :20 S00Z LT '6nU 'ON XUA WONA CITY OF TIGARD 8/18/2005 13125 SW Hall Blvd. 4:19:55PM Tigard, Oregon 97223 T (503) 639-4171 Receipt 27200500000000004035 Date: 08/18/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00075 [LANDUS] Development Adjust 100-0000-438000 224.00 VAR2005-00075 [LRPF] LR Planning Surcharge 100-0000-438050 33.00 Line Item Total: $257.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid • CreditCard TONY FISHER CAC 514989 In Person 257.00 Payment Total: $257.00 cReceipt.rpt Page 1 of 1 3. The Dlreaor shall approve, approve wth moditzeasions, or deny an appLcstiou for a subdivision variancs subjW to thD exit set forth is Section 18.370.010.0. 283so-a~0 Adf a:stmcata A. klIUMm The purpose of this se;,tion is to establish two classes of special variances: 1. "Development adjustmows" which allow modest var;ztion froze required dasveloptueat standards within proacribed limits. Because such 4ustmmu are granted using "clear and objective snsmdards," these cart be granted by rneaszs of a Type 1 procedure; as opposed to the more stringozt standar& of approval and procedure for variances, 2. "Special adjustments" wtiob are variances ftam development SMAU ds wbi ch have their own approval criteria as opposed to the stealard approval Critzria for var-izaces. raataiued in Section 18370,020.0. B. RMv JMment adiuat , 1. 'no Mowing development acuustme = will be granted by moms of a Typo X procedure, as governed by Section 18.990.030, using approval criteria cowairaed In Subsection 132 below: e. Front yard setbaclo. Up to a 25% rad'uefion of the dimensional staadst6 for the $ont yard setback required In the base zoxw. Setback of garages may not b0 reduced by this provision, b. Tuterlor setbacks. Up to a 20% reduction of the dimensional standards fbr the side aad rear yard setbacks ragarired is the base zone. c, Lot covemga. Up to S% invresse of the maximum lot coverage required in the base zone. n aval oriberi~• A development adjustm shall be granted if tilers is a dcmonst zd= of ofthe applicable standv&; e, A 4menYtrad n that the adjnst:~at requested ~r' the jerem fired to achieve the desired et~0tj _ll~ L 4G•LL ~fi(~ 1~~y~i . / ~LI•r. /ltRx r,.W/OBe~' !z~ oNty ~ux1f /3 b• Tire v4ustm= sill resent in tile p=eseivatF~ g _ oe, 11yees ~ are present In the development area c. The adjustnu m will not impede adequate emergency access to the site, d. There is not a onable attamattiivveto the 4ustment which achieves tho dosked cMct. Wa* /T d drr~~ Variances arrdAdjusimem A370.2 Wcode Update: 0",7 Td Wd9S:Z0 S00Z 8Z -6nd 'ON XHJ WONA FRAM FAX NO. Aug._ 17 2005 01:47PM P1 ~,I-,V~.5 y. ~ 162.75, S.F. 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