VAR1996-00002
EXHIBIT A.
NOTICE OF DECISON cmrOF TIGARD
VARIANCE 96-0002
HILLVIEW TERRACE APARTMENTS
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: HILLVIEW TERRACE APTS
Variance VAR 96-0002
PROPOSAL: A request by Andrews Management for a three-foot variance to the
minimum sideyard setback standard of the R-25 Zoning District. The
apartment building that the variance is requested for is presently under
construction.
APPLICANT: Andrews Management OWNER: Same
8235 SW Oleson Road
Portland, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Medium-High Density Residential (13-25 Units Per Acre).
ZONING
DESIGNATION: R-25
LOCATION: 11336 SW Bull Mountain Road (WCTM 2S1 10AC, Tax Lot 1200).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.134.050.
SECTION II: DECISION:
Notice is !hereby given thaf the City of Tigard Community Development Director's designee
has `APP ROVED::the above request subject to ;conditions of conditions:
The findings and conclusions on which the decision s basetl are note :in Section IV
NOTICE OF DECISION VAR 96-0002 - Hinview Terrace Apartments Page 1
1 ✓
SECTION III: BACKGROUND INFORMATION
Site History
The site is presently being developed with 90 apartment units. An additional 36 apartment
units are approved for areas to the west. A property survey was completed for the buildings.
Two encroachments into the 10 foot minimum setback exist for "Building 6D". The applicant
has requested a variance to the setback standard to reduce the sideyard setback
requirement for these encroachments.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Section 18.134.050 allows the Director to approve, or approve with conditions, a request for
a variance based on the following findings:
The proposed variance will not be materially detrimental to the purposes of this title,
be in conflict with the policies of the Comprehensive Plan, to any other applicable
policies and standards, and to any other properties in the same zoning district or
vicinity; The proposed variance will allow a limited reduction to the sideyard setback from
10 feet to seven feet along two portions of the sideyard. This will allow three foot projections
into the sideyard setback. The total effected building length is less than one percent of the
length of all four buildings that adjoin this sideyard setback area.
There are special circumstances that exist which are peculiar to the lot size, shape,
topography or other circumstances over which the applicant has no control, and
which are not applicable to other properties in the same zoning district; The property
slopes along the affected property line. Because of the property slope, the applicant
incorrectly measured the two extensions of the building footprint and incorrectly calculated
the distance of these building projections to the property line.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while permitting
some economic use of the land; A variance to the setback requirements would provide
the applicant with limited relief from a- development standard. The variance will allow the
applicant to utilize the structure for its intended purpose. Remodeling the apartment
structure to comply would involve rebuilding critical load bearing portions of the building.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected any. more than would
occur if the development were located as specified by this title; and Due to its limited
nature, the variance does not affect the above listed natural and physical systems.
NOTICE OF DECISION VAR 96-0002 - Hinview Terrace Apartments Page 2
The hardship is not self imposed and the variance requested is the minimum variance
which would alleviate the hardship. The hardship was due to circumstances related to
setback measurements on a sloping portion of the parcel. The applicant incorrectly
measured the distance from the building to the property line. Because the variance allows
two limited encroachments into the setback the variance is the minimum required to alleviate
the hardship of reconstructing the building to comply with the standard.
SECTION V• OTHER STAFF COMMENTS
The Engineering and Building Departments have reviewed the proposal and have
offered no comments or objections.
SECTION VI AGENCY COMMENTS
Utility providers are proveded with a copy of this notice of decision. These
agencies will be able to request that the decision be amended, or set aside if the
requested setback variance would conflict with the provision of necessary services
or with existing utilities.
SECTION VII• PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X- Affected government agencies
Final Decision:
THE DECISION SHALL BE FINAL ON APRIL 15; •1996
UNLESS: AN APPEAL IS. FILED
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that provides
that a written appeal must.be filed with the City Recorder within 10 days after notice is
given and sent. The appeal fee schedule and forms are available from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
NOTICE OF DECISION VAR 96-0002 - Hinview Terrace Apartments Page 3
THE'DEAD'LINE POR :FILING QF AN APPEAL. IS ,3 30 P M O;N APRIL 15, 1996
Questions:
If you have question, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
April 3. 1996
PREPARED BY: Mark Roberts, AICP DATE
Associate Planner
e-w e~ i
April 3, 1996
APPROVED BY: Richard Bewers rff DATE
Planning Manager
1ACURPLWAR-96-02. DOC
NOTICE OF DECISION VAR 96-0002 - Hinview Terrace Apartments Page 4
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EXHIBIT
2S110AC-01200 2S110AC-01400
ANDREWS MANAGEMEN RRI7ED ANDREWS MANAGEMENT LTD
.4000 KRUSE W 4000 KRUSE WAY PL BLDG 1 #270
BLDG 1 LAKE OSWEGO,OR 97035
OSWEGO,OR 97035
2S11OAC-01300 2S110AC-01000
ANDREWS MANAGEM ~ CALABAZAS CREEK LTD INVESTRS &
4000 KRU PL BLDG 1 #270 CALIFORNIA BOARDWALK LTD INVES
OSWEGO,OR 97035 2570 EL CAMINO REAL WEST #500
MT VIEW,CA 94040
2S11OAC-01700 2S110AC-01600
CHRIST THE KING CRANE, FREDRICK T AND NELDA
LUTHERAN CHURCH 11455 SW BULL MT RD
11305 SW BULL MTN RD TIGARD,OR 97224
TIGARD,OR 97224
2S110AC-01500 2S110AC-01100
CRANE, FREDRICK T NELDA L ROBERT C WYATT INC
11455 SW BULL MTN RD BY KIMBERLY ANN DOYLE
TIGARD,OR 97223 5642 LOS ANGELES AVE
SIMIVALLEY,CA 93063
2S1 1 OAC-01 101 2S11OAC-00900
TEXACO REFINING & MARKETING IN TRIAD TIGARD LIMITED PTNSHP
BY TAX DEPT ATTN: FREDERICK GRIMM
PO BOX 7813 320 ANDOVER PARK EAST
UNIVERSAL CITY,CA 91608 #120
SEATTLE,WA 98188
2S1 1 OAC-00500 2S 11 OAC-00400
USA-WEST APARTMENT FUND LTD USA-WEST APARTMENT FUND L D
BY MULTITECH PROPERTIES INC BY MULTITECH PROPERT NC
ATTN: HELMUT KIFFMAN ATTN: HELMUT N
5820 MIRAMAR RD 5820 MI RD
SAN DIEGO,CA 92121 S IEGO,CA 92121
ANDREWS MANAGEMENT
8235 SW OLESON ROAD
PORTLAND OR 97223
t
C11v of Ingard, Oregon
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Patricia L. Lunsford, being first duly swom/affirm, on oath depose and say:
that I am an Administrative Specialist II for The City of Tigard, Oregon.
❑ That I served NOTICE OF (AMENDED PUBLIC HEARING FOR:
(check box above, if applicable) (check appropriate box below) (Enter Public Hearing Date above)
❑ City of Tigard Planning Director
❑ Tigard Planning Commission
❑ Tigard Hearings Officer
❑ Tigard City Council
That I served NOTICE OF (AMENDED DECISION FOR:
(Cheek box above. B apppeable) City of Tigard Planning Director
❑ That I served NOTICE OF (AMENDED FINAL ORDER FOR:
(Check box above if applicable) (check appropriate box below)
❑ City of Tigard Planning Director
❑ Tigard Planning Commission
❑ Tigard Hearings Officer
.0 Tigard City Council
❑ That I served .OTHER NOTICE OF FOR:
A copy of the PUBLIC HEARING NOTICEINOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S)
of w Medd is attached, markd Ehibi "A"wa iled to eaced person(s) at the addres (s) shown on the
attacst(s), marked Exhi t t of 199, and deposited
inAhe U Ited State on t day of 199 , postage prepaid.
Kell'ared Notice
Subscribed and sworn/affirmed before me on the _Ltd_ay of , 19
- CA
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 046142
NOTARY PUBLI F OREG N
MY COMMISSION EXPIRES SEPTEMBER BER 07, 1999 -
My Commission xpires: qj-1h4
I~PILE INFO.•t
NAME(S):
CASE NO.(S):
TYPE OF NOTICE & DATE:
Fv ec~
w
CITY OF TIGARD, OREGON
ADMINISTRATIVE VARIANCE APPLICATIOK
CITY OF TIGARD, 13125 SW Hall, PO Bog 23397
Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USS~E' ONLY
CASE NO. LM" P 10
OTHER CASE NO'S: 513te 6?5-6004
RECEIPT NO. 1 b -2 7`3
APPLICATION ACCEPTED BY: .G
DATE:. Al
1. GENERAL INFORMATION / Application eleme is submitted: PROPERTY ADDRESS/LOCATION ~j ✓ (A) Application form (1) e
S.W. Bull Mountain Rd. (3) Owner's signature/written~E---
TAX MAP AND TAX LOT NO. 2S1 10AC authorization c°~y o
T . L . 1200
Z(C) Title transfer instrum t (1)
SITE SIZE 4.17 acres (D) Assessor's map (1) t4f,
PROPERTY OWNER/DEED HOLDER* Andrews Management (E) Plot plan (pre-app check list)
ADDRESS 8235 SW Oleson Rd. PHONE Jq' -05A3 ✓ (F) Applicant's statement
CITY Portland, OR ZIP 97223 (pre-app check list)
APPLICANT* Same as above G) List of property owners and
ADDRESS PHONE addresses within 250 feet (1)
CITY ZIP ✓(H) Filing fee b
*When the owner and the applicant are different -
people, the applicant must be the purchaser of record
or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of the owner with written
authorization. The owner(s) mustsign this
application in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN/ZONE DESIGNATION:
2. PROPOSAL SUMMARY
The owners of record of the subject property
request permission for a Variance to the N.P.O. Number:
following provision(s) of the Community
Development Code. Approval Date:
R-25 Zoning District
Final Approval of Conditions:
Side yard setback of 10 feet
Planning
Engineering
0521P/13P
3ev'd: 3/88
3. List any variance, conditional uses, or other land use actions to be considered
as part of this application: Side yard' setback variance
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. 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.
C. 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.
D. 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.
DATED this 21st day of March 19 96
SIGNATURES of each owner (ea. husband and wife) of the subject property.
Andrews Management, Ltd.
(KSL:pm/0737P)
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330 ` ' A' UNITS
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2-Nursing homes for ambulatory patients, homes for children six years of 1 hour Not permitted less than 5
age or over (each accommodating more than five persons) feet C
3--Mental hospitals, mental sanitariums, jails, prisons, reformatories and 2 hours less than 5 feet, Protected less than ?
buildings where personal liberties of instates are similarly restrained 1 hour elsewhere 10 feet a
I-Private garages, carports, sheds and agricultural buildings 1 hour less than 3 feet
M3 M.
See also (or may be protected
on the exterior with Not permitted less than C
Section materials approved for 3 feet r=
1102 l-hour fire-resistive t?
construction) z
f?
2-Fences over 6 feet high, tanks and towers Not regulated for fire resistance 0
R t-Hotels and apartment houses t hour less than 5 feet Not permitted less than 3 0
See also Congregate residences (each accommodating more than 10 persons) 5 feet m
Section 3-Dwellings and lodging houses, congregate residences (each 1 hour less than 3 fat Not permitted less than
1202 accommodating 10 persons or less) 3 feet
I-A building or part thereof that is used for the lodging and boarding of
more than five residents, whose evacuation capability is classified as
SR Impractical and who receive personal care services.
See 2-A building or part thereof that is used for the lodging and boarding of Not permitted less than
also more than five residents, whose evacuation capability is classified as I hour less than 5 feet 5 feet
Section Slow and who receive personal care services.
1302 3-A building or part thereof that is used for the lodging and boarding of
more than five residents, whose evacuation capability is classified as
Prompt and who receive personal care services.
'Openings shall be protected, by a fire assembly having at least a three-fourths-hour fire-protection rating. `
2Group E, Divisions 2 and 3 Occupancies having an occupant load of not more than 20 may have exterior wall and opening protection as required
for Group R, Division 3 Occupancies.
3For agricultural buildings, see Appendix Chapter 11.
NOTES: (1) See Section 504 for types of walls affected and requirements covering percentage of openings permitted in exterior walls.
a (2) For additional restrictions, see chapters under Occupancy and Types of Construction
(3) For walls facing yards and public ways, see Part IV. >a
Variance Request
For
Hillview Terrace Apartments
Request: Provide approval for an administrative variance for a side setback of an
apartment building. Current setback requirement is 10 feet.
Project: Hillview Terrace Apartments
City Case File: SDR 95-006
Building 6, adjacent to Hwy 99 W
History: A small portion of a new apartment building was constructed to within 7 feet
of a property line. The offsets in the foundation for the building were not fully
considered when placing the structure on the property. A majority of the
building meets the setback, however, two corners extend 3 feet into the 10'
yard requirement.
The building does not encroach across any property line or right-of-way line.
Fact: 1. The uniform building code indicates that for fire concerns, the structure
cannot be less than 5 feet from a property line. In this case the building
is at 7 feet.
(See Attached Document)
2. The City code allows administrative variances when encroachments have
not occurred and building codes have not been violated.
Based on the facts noted above, we are requesting for Building 6 of Hillview
Terrace Apartments that a variance be approved for a building side yard
setback. A setback of 7 feet be allowed instead of required 10 feet.
13X01 .wy
TABLE NO..5-A-WALL AND OPENING PROTEC110N.OF OCCUPANCIES BASED ON LOCATION ON PROPERTY
TYPES 11 ONE-HOUR, II-N AND V CONSTRUCTION: For exterior wall and openW? protection of Types 11 One-hour, II•N and V
buildings,. see table below and Sections 504, 709, t903 and 2203. z
This table does not apply to Types I, MR., III and IV construction, see Sections 1803, 19M. 2003 and 2103. ,
GROUP DESCRIPTION OF OCCUPANCY _EXTER ~ WAt S EXTERIOR WALLS'
1-Any assembly building or portion of a building with a legitimate stage IM
Not applicable (S r_
and an occupant load of 1,000 or Mom e (See Sections 602 and 603), e
r
2-Any building or portion of a building having an assembly room with an p
A occu t load of less than 1,000 and a legitimate stage to Not permitted less than z
See also 2.1-Any building or portion o a building having an assembly toom with an 2 hours less than 5 feet Q
Section occupant load of 300 or more without a legitimate. stage, including such feet, 1 hour less than Protected less than O
602 buildings used for educational purposes and not classed as a Group E or 40 feet 10 feet
Group B, Division 2 Occupancy
m
3-Any building or portion of a building having an assembly room with an Not permitted less than
occupant load of less than 300 without a legitimate stage, including such 2 hours less than 5 feet, 5 feet 3
buildings used for educational. purposes and not classed as a Group E or l hour less than 20 feet Protected less than
Group B, Division 2 Occupancy 10 feet
"tadiums, reviewing stands and amusement park structures not included 1 hour less than 10 feet Protected less than
. within other Group A Occupancies 10 feet
l-Repair garages where work is limited to exchange of parts and
maintenance requiring no open flame, welding, or use of Class 1,11 or
III-A liquids, motor vehicle fuel-dispensing stations and panting garages
not classified as Group B. Division 3 open parking garages or Group M,
B Division I 'vate garages Not permitted less than
See also - ing and dining esta s menu having an occupant toad of less than 5 feet
Section 1 hour less than 20 feet
50, wholesale and retail stores, office buildings, printing plants, police Protected less than
702 and fire stations, factories and workshops using material not highly 10 feet
flammable or combustible, storage and sales rooms for combustible
goods, paint stores without bulk handling
Buildings or portions of buildings having rooms used for educational
Purposes, beyond the 12th grade, with less than 50 occupants in any room
N (Continutd) D
TABLE No. 5-A7--Continued
TYPES 11 ONE-HOUR, V ONLY a
FIRE RESISTANCE OF OPENINGS IN
GROUP DESCRwyto 1 OF OCCUPANCY EXTERIOR WALLS EXTERIOR WALLS
3-Aircraft hangars where no repair work is done except exchange of parts Not permitted less than
B and maintenance requiring no open flame, welding, or the use of Class 1 5 feet
or 11 liquids I hour less than 20 feet protected less than
(Cont.) Open parking garages (For requirements, see Section 709) 20 feet
Helistops
1 L 4-Ice plants, power plants, pumping plants, cold storage and creameries
Factories and workshops using noncombustible and nonexplosive Not permitted less than
material I hour less than 5 feet 5 feet
Storage and sales rooms of noncombustible and nonexplosive materials
that are not packaged or crated in or supported by combustible material
1-Any building used for educational Purposes through the 12th grade by 50
or more persons for more than 12 hours per week or four hours in any one
E da 2 hours less than 5 feet, Not permitted less than
__@ th grade
See also -Any building used or ucati purposes rough t 12th Y l hour less than 5 feet
Section less than 50 persons for more than 12 hours per week or four hours in any 10 feet2 Artois 10 feet, than
802 one da c
3---Any building or portion thereo used or day-care purposes or more than Z
six persons O
H See Table No. 9-C ;
I. (-Nurseries for the full-time care of children under the age of six (each m
accommodating more than five persons) C
Hospitals, sanitariums, nursing homes with rionambulatory patients and Not permitted less than 5 r-
Z
See also similar buildin each accommodating more than five persons) 2 hours less than 5 feet, feet a
Section 1. a care centers for ambulatory patients receiving outpatient 1 hour elsewhere Protected c10 ffeels than 0
1002 medical care which may render the patient incapable of unassisted
self-preservation (each tenant space accommodating more than five such C
patients) m
CITY OF Ti.G'ARD'p 0RE6ON
:0MINISTRATIVE VARIANCE APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639-4171 1FORy~STAFF qUSE ONLY
CAS E NO 6 OTHER CASE' NO' S : SdD kl 45-60
RECEIPT NO. 6
APPLICATION ACCEPT D BY:
DATE: Y-
1. GENERAL INFORMATION Applii io elem ats submitte~d,~:n
PROPERTY ADDRESS/LOCATION ~ (A) Application form (1),E!!f ~
S.W. Bull Mountain Rd. Owner's signature/written
TAX MAP AND TAX LOT N0. 2S1 10AC authorizatioc~/
T . L . 1200 (C) Title transfer instrum t (1)
SITE SIZE 4.17 acres (D)'Assessor's map (1) 1il/a~ ✓
PROPERTY OWNER/DEED HOLDER* Andrews Management (E) Plot plan (pre-app check list)
ADDRESS 8235 SW Oleson Rd. PHONE (F) Applicant's statement
CITY Portland, OR ZIP 97223 (pre-app check list)
APPLICANT* Same as above (G) List of property owners and
ADDRESS PHONE addresses within 250 feet (1)
CITY ZIP 1/(H) Filing fee 6
*When the owner and the applicant are different
people, the applicant must be the purchaser of record
or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of-the owner with written
authorization. The owner(s) mustsign this.
application in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN/ZONE DESIGNATION:
2. PROPOSAL SUMMARY
The owners of record of the subject property
request permission for a Variance to the N.P.O. Number:
following provision(s) of the Community
Development Code. Approval Date:
R-25 Zoning District
Final Approval of Conditions:
Side yard setback of 10 feet
Planning
Engineering
0521P/13P
3. List any variance, conditional uses, or other land use actions to be considered
as part of this application: Side yard' setback variance
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. 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.
C. 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.
D. 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.
DATED this 21st day of March 19 96
SIGNATURES of each owner (eg. husband and wife) of the subject property.
Andrews Management, Ltd.
(KSL:pm/0737P)
Variance Request
For
Hillview Terrace Apartments
Request: Provide approval for an administrative variance for a side setback of an
apartment building. Current setback requirement is 10 feet.
Project: Hillview Terrace Apartments
City Case File: SDR 95-006
Building 6, adjacent to Hwy 99 W
History: A small portion of a new apartment building was constructed to within 7 feet
of a property line. The offsets in the foundation for the building were not fully
considered when placing the structure on the property. A majority of the
building meets the setback, however, two corners extend 3 feet into the 10'
yard requirement.
The building does not encroach across any property line or right-of-way line.
Fact: 1. The uniform building code indicates that for fire concerns, the structure
cannot be less than 5 feet from a property line. In this case the building
is at 7 feet.
(See Attached Document)
2. The City code allows administrative variances when encroachments have
not occurred and building codes have not been violated.
Based on the facts noted above, we are requesting for Building 6 of Hillview
Terrace Apartments that a variance be approved for a building side yard
setback. A setback of 7 feet be allowed instead of required 10 feet.
'13~'0//{vey
2-Nursing homes for ambulatory patients, homes for children six years of 1ltout Not permitted less than 5
age or over (each accommodating more than five persons) fat C
3--Mental hospitals, mental sanitariums, jails, prisons, reformatories and 2 hours less than 5 feet, Protected less than ?
buildings where personal liberties of inmates are similarly restrained 1 hour elsewhere t0 feet a
M3 I-Private garages, carports, sheds and agricultural buildings 1 hour less than 3 feet M.
(or may be protected
See also
on the exterior with Not permitted less than C
Section materials approved for 3 feet r
1102 1-hour fire-resistive
construction) ¢
2--Fences over 6 feet high, tanks and towers Not regulated for fire resistance n
R [-Hotels and apartment houses 5 feet Not permitted less than O
See also Congregate residences (each accommodating more than 10 persons) I hour less than 5 feet m
r Section 3-Dwellings and lodging houses, congregate residences (each 1 hour less than 3 feet Not permitted less than
1202 accommodating 10 persons or less) 3 feet
1-A building or part thereof that is used for the lodging and boarding of
more than five residents, whose evacuation capability is classified as
SR Impractical and who receive personal cats services.
See 2-A building or part thereof that is used for the lodging and boarding of Not permitted less than
also more than five residents, whose evacuation capability is classified as 1 hour less than 5 feet 5 feet
Section Slow and who receive personal care services.
1302 3-A building or peat thereof that is used for the lodging and boarding of
more than five residents, whose evacuation capability is classified as
Prompt and who receive personal care services.
'Openings shall be protected by a fie assembly having at least a three-fourths-hour fire-protection rating. :
ZGroup E, Divisions 2 and 3 Occupancies having an.occupant load of not more than 20 may have exterior wall and opening protection as required
for Group R, Division 3 Occupancies.
3For agricultural buildings, see Appendix Chapter 11.
NOTES: (1) See Section 504 for types of walls affected and requirements covering percentage of openings permitted in exterior walls.
o (2) For additional restrictions, see chapters under Occupancy and Types of Construction
(3) For walls facing yards and public ways, see Part IV. n
TABLE NO..5-A-WALL AND OPENING PROTECTION.OF OCCUPANCIES BASED ON LOCATION ON PROPERTY
TYPES 11 ONE-HOUR, 11-N AND V CONSTRUCTION. For exterior wall'and open htg on of Types 11 One-hour, ll-N and V
buildings,. see table below and Sections 504, 709, 2203.
z
and
This table does not apply to Types 1,11-F.R., III and IV construction, see Sections 1803,1903, 2003 and 2103.
FIRE RESISTANCE OF OPENINGS W O
GROUP DESCRIPTION OF OCCUPANCY EXTERIOR WALLS EXTERIOR WAILS'
l-Any assembly building or portion of a building with a legitimate stage Not and an occupant load of 1,000,or moce applicable (See Sections 602 and 603)
e
2-Any building or portion of a building having an assembly room with an p
A occupant load of less than 1000 and a legitimate sta e 2 hours less than 10 Not permitted less than z
See also 2.1-Any building or portion o a budding having an assembly room with an 5 feet
Section occupant load of 300 or more without a le feet, 1 hour less than
gitimate.stage, including such 4p feet Protected less than ~
602 buildings used for educational purposes and not classed as a Group E or 10 feet
Group B, Division 2 Occupancy 0
M
3--Any building or portion of a building having an assembly room with an Not permitted less than
occupant load of less than 300 without a legitimate stage, including such 2 hours less than 5 feet, 5 feet
buildings used for educational. purposes and not classed as a Group E or I hour less than '20 feet Protected less than
Group B, Division 2 Occupancy 10 feet
4-Stadiums, reviewing stands and amusement park structures not included I hour less than 10 feet Protected less than
within other Group A Occupancies , 10 feet
I-Repair garages where work is limited to exchange of parts and
maintenance requiring no open flame, welding, or use of Class 1.11 or
III-A liquids, motor vehicle fuel-dispensing stations and parking garages
not classified as Group B, Division 3 open parking garages or Group M,
a Division [ 'vale a s Not permitted less than
See also - ing and dining esta s nts having an occupant Load of less than I hour less than 20 feet 5 feet
Section 50, wholesale and retail stores, office buildings, printing plants, police Protected less than
702 and fire stations, factories and workshops using material not highly 10 feet
flammable or combustible, storage and sales rooms for combustible
goods, paint stores without bulk handling
Buildings of portions of buildings having rooms used for educational
purposes, beyond the 12th grade, with less than 50 occupants in any room
(Continued) n
TABLE NO. 5-A--Continued V.
TYPES 11 ONE-HOUR, II-N AND V ONLY
FIRE RESSTANCE OF OPEtMNGti IN
GROUP DESCRIPTION OF OCCUPANCY EXTERIOR WALLS Ex, OR WALLS
3-Aircraft hangars where no repair work is done except exchange of parts Not permitted less than
B and maintenance requiring -open flame, welding, or the use of Class 1 5 feet
(Copt) or 11 liquids . I hour less than 20 feet Protected less than
Open parking garages (For requirements, see Section 709) 20 feet
Helistops
4-Ice plants. power plants, pumping plants, cold storage and creameries
Factories and workshops using noncombustible and nonexplosive Not permitted less than
material 1 hour less than S feet 5 feet
Storage and sales rooms of noncombustible and nonexplosive materials
that are not packaged or crated in or supported by combustible material
I-Any building used for educational purposes through the 12th grade by 50
or more persons for more than 12 hours per week or four hours in any one
E day 2 hours less than 5 feet, Not permitted less than
See also -Any building died or ucau purposes ugh t 12th Y 1 boor less than 5 fee
Section less than 50 persons for more than 12 hours per week or four hours in any 10 feet, Protected less than
902 one da l0 feetZ
3--Any building or portion thereof used for day-are purposes or more than C
Z
six persons it
H See Table No. 9-C
1. I-Nurseries for the full-time care of children under the age of six (each m
accommodating more than five persons) C
1 Hospitals, sanitariums, nursing homes with nonambulatory patients and Not permitted less than 5 C
See also similar buildin s each accommodating more than five persons) 2 hours less thanere feet, feet z
Trgth a -care centers for ambulatory patients receiving outpatient 1 hour elsewhe Protected less than 0
Section 1.2-
1002 medical care which may tender the patient incapable of unassisted 10 feet
self-preservation (each tenant space accommodating more than five such
patients) m
50.00' /
133.00' /
20.00' /
1
133.00' /
I
0.00' /
oiG-csi 1
50.0 54.33' /
78.00'
20.00 ,
54113 78.00'
.00' ,
70.00
1
20.00' /
/ 10.00' ~v►~oi~fG
1
50.00'/
(21) 1 -
I ( , ,
»IGATIO
0000
LN IT
F'O
j ' i 1 ~ ' r
8' t I0' FIRS 9 'A' UNITS
FFIC - /fi n
34 E3 UNITS
21 'C' UNITS
2 aA 20 'D' UNITS
38 t r
55 S i i EXIST. 90 TOTAL f ,r,` E BLOC. 1 OFFICE
Ic r ,'2 °5° 33 GROUND I
2T % l 13 ACCES'
sR' INDICATE]
2
j: s2. n I
H ACCESSIBLE ROUTE
lI f~ ~ • r !
SEE CIVIL PLANS FOR
/ 3T / n FINAL DESIGN 36 10/0 >
EL I C 21 10/0
y Hr, 18 9/0 X
I 45 8/0 X
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48 HIGH PRIVACY SCREEN
' y
MAIL STATIC'
f, ,rte 210 ISLE SANITA C
INTERNAT10
10 ` V f
f f CONTOURS
r.
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~ 10 ~ ~ BRI E
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wig
CITY OF TIGARO, OREGON
:ADMINISTRATIVE VARIANCE APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Boa 23397
Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY
CASE NO.
OTHER CASE NO'S:
RECEIPT NO.
APPLICATION ACCEPTED BY:
DATE:
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION (A) Application form (1)e*Q4
S.W. Bull Mountain Rd. (B) Owner's signature/written.
TAX MAP AND TAX LOT No. 2 S 1 . 10AC o e ~e6
.•s.,:w authorizatio~
o~ Q
T.L. 1 200 (C) Title transfer instrum t (1)
SITE SIZE 4.17 acres (D) Assessor's map (1) - l er
PROPERTY OWNER/DEED HOLDER* Andrews Management (E) Plot plan (pre-app check list)
ADDRESS 8235 SW Oleson Rd. PHONE (P) Applicant's statement
CITY Portland, OR ZIP 97223 (pre-app check list)
APPLICANT* Same as above (G) List of property owners and
:ADDRESS PHONE addresses within 250 feet (1)
CITY ZIP (H) Filing fee X11 v6
*When the owner and the applicant are different --i
people, the applicant must be the.purchaser of record
or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of the owner with written
authorization. The owner(s) mustsign this
application in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN/ZONE DESIGNATION:
2. PROPOSAL SUMMARY
The owners of record of the subject property
request permission for a Variance to the N.P.O. Number:
following provision(s) of the Community
Development Code. Approval Date:
_ R-25 Zoning District
Final Approval of Conditions:
Side yard setback of 10 feet
Planning
Engineering
0521P/13P-
3. List any variance, conditional uses, or other land use actions to be considered
as part of this application: Side yard':setback variance
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S)•SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. 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.
C. 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.
.D. 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.
DATED this 21st day of .__March 19 96
SIGNATURES of each owner (eg. husband and wife) of the subject property.
Andrews Management, Ltd.
(KSL:pm/0737P)
Variance Request
For
Hillview Terrace Apartments
Request: Provide approval for an administrative variance for a side setback of an
apartment building. Current setback requirement is 10 feet.
Project: Hillview Terrace Apartments
City Case File: SDR 95-006
Building 6, adjacent to Hwy 99 W
History: A small portion of a new apartment building was constructed to within 7 feet
of a property line. The offsets in the foundation for the building were not fully
considered when placing the structure on the property. A majority of the
building meets the setback, however, two corners extend 3 feet into the 10'
yard requirement.
The building does not encroach across any property line or right-of-way line.
Fact: 1. The uniform building code indicates that for fire concerns, the structure
cannot be less than 5 feet from a property line. In this case the building
is at 7 feet.
(See Attached Document)
2. The City code allows administrative variances when encroachments have
not occurred and building codes have not been violated.
Based on the facts noted above, we are requesting for Building 6 of Hillview
Terrace Apartments that a variance be approved for a building side yard
setback. A setback of 7 feet be allowed instead of required 10 feet.
91YO//airy ,
'ETV ~
2-Nursing homes for ambulatory patients, homes for children six years of Not permitted less than S
age or over (each accommodating more than five persons) ' l hour feet
3-Mental hospitals, mental sanitariums, jails, prisons, reformatories and 2 hours less than 5 fat, Protected less than
buildings where personal liberties of inmates are similarly restrained I hour elsewhere 10 fat
M3 1-Ptivate garages, carports, sheds and agricultural buildings too to than 3 feet
(or may be See also on the exterior Not permitted less than C
Section materials approved for 3 feet
I t02 1-hour fire-resistive
construction)]
2--Fences over 6 feet high, tanks and towers Not regulated for fire resistance
R l-Hotels and apartment houses t hour less than S feet Not permitted less than
I- I See also Congregate residences (each accommodating more than 10 persons) 3 tees
Section 3-Dwellings and lodging houses, congregate residences (each I hour less than 3 feet Not permitted less than
1202 accommodating 10 persons or less) 3 feet
1-A building or part thereof that is used for the lodging and bowie of
more than five residents, whose evacuation capability is classified as
SR Impractical and who receive personal care services.
See 2-A building or pin thereof that is used for the lodging and boarding of Not permitted less than
also more than five residents, whose evacuation capability is classified as I hour less than S feet 5 feet
Section Slow and who receive personal care services.
1302 3-A building or part thereof that is used for the lodging and boarding of
more than five residents, whose evacuation capability is classified as
Prompt and who receive personal care services.
'Openings shall be protected by a fire assembly having at least a three-fourths-hour fire-protection rating.
2Group E, Divisions 2 and 3 Occupancies having an occupant load of not mote than 20 may have exterior wall and opening protection as required
for Group R, Division 3 Occupancies.
sFar agncultural buildings, see Appendix Chanter I I.
NOTES: (1) See Section 504 for types of walls affected and requirements covering percentage of openings permitted in exterior walls.
(2) For additional restrictions, see chapters under Occupancy and Types of Construction
(3) For walls facing yards and public ways, see Par IV.
TABLE NO..5-A-WALL AND OPENING PROTECTION-OF OCCUPANCIES BASED ON LOCATION ON PROPERTY
TYPES 11 ONE-HOUR, 11-N AND V CONSTRUCTION: For exterior Welland o-- prolectlan of Types It One-hour, 11-N and V
bulldl see table below and Sections $04, 709, S9D3 and 2209.
• This table does not-apply to Types I, II- A, m wW W contmirctlon, see Sections 1803,1903, 2003 and 2109.
GROUP DESCRUnM OF OCCUPANCY EIrTE~RIM IYAA11.8OF ExrE wAUS,
s
1-Any assembly building or portion of a building with a legitimate stage Not applicable (See Sections 602 and 603) m
and an occupant load of 1,000 or mote ~
2-Any building or portion of a building having an assembly loom with an 6
A 2W E0 o less than. 1.000 and a legitimate std 2 hours less than 10 Not permitted less than
See also 2.1-Any building of portion o fa building having an assembly toorn with an feet, 1 hour less than 5 feet 8
Section ooccccuuppaannt Toad of 300 or more without a legitimate, stage, Including such 40
lest Protected less than
602 buildings used for educational purposes and not classed as it Group E or 10 feet p
Croup B. Division 2 Occupancy m
3--Any building or portion of a building having an assembly town with an Not permitted less than
occupant load of less than 300 without a legitimate stage, Including such 2 hours less than 5 feet, 5 feet
buildinggss used for educational. purposes and not classed as a Group E or I hour less than 20 feet Protected less than
Group B, Division 2 Occupancy 10 feet
4--Stadiums, reviewing stands and amutemrit park structures not Included 1 hour less than 10 feet Protected less than
within other Group A Occupancies 10 feet
1-Re()air garages where work is limited to exchange of psrts and
mamtenance requiring no open (lame, welding, or use of Class 1. U or
Ili-A liquids. motor vehicle fuel-di stng stations and par" guges
not classified as Croup B, Division open parking garages or Group M
B Division I 'vats "rages Not permitted less than
See also 2-11rinking and dining establishments having an occupant toad o lea than 5 feet
1~ l hour less than 20 feet
Section 50, who cask and retail stores, office buildings, ng plants, police Protected less than
702 and fire stations, factories and workshops using material not highly 10 feet
flammable or combustible, storage and sales rooms for Cornbttstible
goods, paint stores without bulk handling
Buildings or portions of buildings having rooms used for edu6ationtal
purposes, beyond the 12th grade, with less than 30 occupants in any room
(Continued)
TYPES n ONE-HOUR, WN AND VV ONLY
FMP RESWAME OR OPE"PM M
GROUP OESCRIPl10tr W OCCUPANCY EXTERIOR rrAtJ s EXTERIOR WALW
3-Aircraft hangars where no repair work is done except exchange of pans Not Ptaitted less than
B and maintenance requiring no open flame, welding, or the use of Class 1 1 hour leas than 20 feet feet
(Cam.) or It liquids Protected less than
Open printing garages (For requirements, see Section 709) 20 feet
Helistops
4-ke plants. power ants. pumping plants. cold storage and creamerles
Factories and works1tops using Oncombustible and nonexplosive S feet Not permitted teas than
material 1 hour leas than feet
Storage and sales mans of noncombustible and nonexplosive mawjws
that are not packaged or crated in or supported by combustible material
L1-Any building used for educational purposes through the 12th gt'ade by 50
or niore persona for more than 12 hours per week or tout hours In anyone
E day 2 hours less than 3 fat, Not permitted less than
purposes the I 2th grade: I hour less than 3 feet
See ection less than 50 persons for mac than 12 hours per week or four hours ' in my 10 feet2 Protected less than s3
S
10 feet
902
Any building or pout Owed used or day-cam Inter or tie C
six persons
H See Thble No. 9-C
t. I-Nurseries for the full-time care of children under the age of alit (each
accommodating more than five persons) Not rmitted less than 5
I Hospitals, sanitariums, nursing homes with nonambulatoiy piidents and Pe
See also similar buildinKSA each sccommodadn more than five 2 hours less than 5 feet, feet
(tour elsewhere Protected leas than
I
Section -cue centers To, am paneaa receiving outpatient
1002 medical can which may render the patient incapable of unassisted . 10 feet p
self-preservation (each tenant space accommodating mtire than five such
patients)
i50.00` J/
13.00` /
20.00' J
i
133.00' / '
C16 i
J
54.33'
7a.ofl'
50.0
i
I
J
J
JJ
7$.00
20.Ofl' 54..3
.flo'
70.00
1
20.00
Jo.oo'
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1 1 n •'I.F h• Vl-...eaJ.aA";.V r I
ATI
;Pp UNIT ~I
8" t Im' FIRS
!j 9 'A' UNITS
330
E~FI
34 'B' UNITS
p..,:..,
21 'C' UNITS
3 2 ,A 20 'D' UNIT`S
55' 90 TOTAL D~
EXIST. I OFFICE
IC - S BLDG.
33 GROUND I
2T, 13 ACCES:
INDICATE!
2 '
5T T 1
ACCESS15LE ROUTE
5 H SEE CIVIL PLANS FOR
38 H
j FINAL DESIGN 36 10/0 ?
,~RCEL 3T 'C 21 10/0 >
S E Y N, 18 9/0 X
45 8I0
RO 180 TOT
,r Y Y trU~,L INCLUG
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Note: Map is not to scale Hillview Terrace Apartments
N
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