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CUP1996-00003
• • w•• CITY OF TIGARD CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER C=> BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 96- 0003NARIANCE (VAR) 96 -0003 Case Name(s): VIRNIG DUPLEX EXPANSION Name of Owner: Sean Virnig Name of Applicant: Same Address of Applicant: 11405 SW Lomita Avenue City: Tigard State: Oregon Zip: 97223 Address of Property: 11405 and 11407 SW Lomita Avenue City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 1S1 35DA. Tax Lot 3000 Request: ➢ The applicant requests the following development applications; 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. Zone: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130, 18.134 and 18.164. Action: > ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:lb- THE DECISION SHALL BE FINAL ON JUNE 3, 1996 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON JUNE 3, 1996. Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639 -4171. CUP 96 -0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding a request by Sean Vimig fora ) FINAL ORDER conditional use permit and variance for a ) duplex in the R -4.5 zone at 11405 & 11407 SW ) CUP 96- 0003NAR 96 -0003 Lomita Avenue in the City of Tigard, Oregon ) (Vimig) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to enlarge by more than 10% one of two dwelling units in an existing duplex in the R -4.5 zone. The applicant also requests approval of a variance to allow the duplex on a lot that is 86 feet wide rather than 90 feet wide as required for a duplex in the zone. A conditional use permit for the existing duplex was approved in 1991 (CUP 91- 0008). At the hearing in this matter on May 13, 1996, City staff recommended conditional approval. The applicant accepted the recommended conditions. One witness testified in person in support of the application. LOCATION: 11405 and 11407 SW Lomita Avenue; WCTM 1S1 35DA, tax lot 3000 APPLICANT AND OWNER: Sean Virnig APPLICABLE LAW: Community Development Code Chapters 18.50, 18.106, 18.108, 18.130 and 18.134 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS The hearings officer incorporates by reference the background information in the Staff Report to the Hearings Officer dated May 1, 1996 (the "staff report") and the findings about the site and surroundings in the final order regarding CUP 91 -0008. III. HEARING AND TESTIMONY A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on May 13, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Testimony. 1. Will D'Andrea testified for the City and summarized the staff report. 2. Ove Arvidson testified in support of the application. Mr. Arvidson requested that the staff report be included in the record. Hearings Officer final order CUP 96 -0003 & VAR 96 -0003 (Virnig) Page 1 • • 3. Sean Virnig testified in support of the application. He accepted the staff report and recommendation without objections or corrections. C. Agency Comments. The hearings officer incorporates by reference the staff and agency comments in the staff report. IV. APPLICABLE REVIEW CRITERIA AND RESPONSIVE FINDINGS The hearings officer incorporates by reference the applicable review criteria and responsive findings in the staff report and the applicable review criteria and responsive findings in the final order regarding CUP 91 -0008. V. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and vicinity. • VI. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed use does or will comply with applicable development regulations of the City of Tigard except as otherwise authorized by those regulations, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the staff report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 96 -0003 and VAR 96 -0003 (Virnig), subject to the following condition: 1. The applicant shall apply for and receive approval of a building permit from the Building Department. THIS APPROVAL IS VALID ONLY IF EXERCISED WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE DECISION UNLESS EXTENDED PURSUANT TO CITY CODE. DATED this 20th day of ► ay, 1996. / Larry Epste . j • s Officer Hearings Officer final order CUP 96 -0003 & VAR 96 -0003 (Virnig) Page 2 • • Agenda Item: 2.1 Hearing Date: 5 -13 -96 Time: 7:00 STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON CITY OF TIGARD SECTION I: APPLICATION SUMMARY CASES: FILE NAME: VIRNIG DUPLEX EXPANSION Conditional Use Permit CUP 96 -0003 Variance VAR 96 -0003 PROPOSAL: The applicant has requested: 1. Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2. Variance approval to allow an 86 -foot lot width, whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density ZONING DESIGNATION: R -4.5 (Residential 4.5 Units, Per Acre). LOCATION: 11405, 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.106, 18.108, 18.130, and 18.134. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 1 • • SECTION I1: STAFF RECOMMENDATION: Staff recommends that_,: the Hearings Officer find that the proposed Conditional UseNariance will not adversely affect the health, safety welfare of the City.. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval:.. - :', CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building department. SECTION III: BACKGROUND INFORMATION Site History: The site was annexed into the City of Tigard on August 19, 1971. The existing structure had been previously designed as two living units and carried two addresses according to City records. There are no records in the building department files pertaining to the original duplex conversion or aesthetic upgrades. The property received Conditional UseNariance approval (CUP 91- 0008NAR 91 -0014) to allow the existing structure to be used as a duplex on a lot containing slightly less than 10,000 square feet. No other development applications have been found to have been filed with the City. Vicinity Information: The subject site is surrounded on all sides by properties zoned R -4.5 (Residential, 4.5 units per acre). This residential area is substantially developed by single - family homes and duplexes. There are nine other duplexes (18 residences) located on SW Lomita Street between the subject site and the 90 degree westerly bend in SW Lomita Street. Site Information and Proposal Description: The site is approximately 9,902 square feet in size and is developed with a single -story duplex and carport. A relatively large paved area is located on site in front of the residence and carport. The property is landscaped with lawn and a variety of shrubs. A number of mature deciduous and evergreen trees are present on the property. The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width, whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. STAFF REPORT CUP 96-0003 / VAR 96 -0003 - VIRNIG Page 2 1 • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to remove one half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91-0008) approval. use is classified in Code Section 18.42 (Use Classifications) as a Duplex. Code Section 18.50.040 states that a Duplex is a Conditional Use in the R -4.5 zone. Dimensional Requirements: Section 18.50.050 states that the minimum lot area for each duplex unit in the R-4.5 zoning district is 10,000 square feet. The average minimum lot width requirement in the R-4.5 zone is 90 feet. In 1991, a Conditional Use and Variance was granted on the property to allow a duplex on the 9,902 square foot property, whereas, the code required a minimum 10,000 square foot lot size. The applicant is requesting a variance to allow a lot width of approximately 86 feet, whereas, the code requires a 90 foot lot width for a duplex lot. This request is addressed in the variance section below. Setbacks: Section 18.62.050 states that for single - family dwellings the setbacks are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; garage - 20 feet. The maximum building height is 30 feet. Setbacks for the proposed expansion will be reviewed during the building permit review process. However, the proposed plan indicates that the expansion can comply with applicable setbacks. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide adequate area for the needs of the proposed use. The site size and dimensions accommodate the proposed expansion. The applicant can satisfy all applicable setbacks and provide the required number of parking spaces. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The characteristics of the site are suitable for the proposed expansion because it is large enough to accommodate the expansion and does not contain significant physical hazards or natural features that would be adversely affected by the expansion. 3. All required public facilities have adequate capacity to serve the proposal. Public sewer and water are available to the site and have capacity to serve the site. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable provisions of the R -4.5 zone is fulfilled as noted above. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 3 • • 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and • . Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Neither of these sections are applicable. 6. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Duplexes: Section 18.130.150(C)(15) states that a duplex must meet the following additional dimensional requirements: 1. Lot size: 10,000 square feet. The property has previously received conditional use and variance approval to allow a duplex on this 9,902 square foot site. 2. Solar access requirements, Chapter 18.88. This section is not applicable as the proposal does not create an additional parcel. 3. The remaining dimensional requirements of the underlying zoning district. As indicated on the site plan, and as discussed previously, this section is satisfied. Variance: Section 18.134.050 contains the following general approval criteria for a Variance: 1. 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 other properties in the same zoning district or vicinity. The variance will not be in conflict with other City standards. The proposal will comply with all other City standards. The variance is only for a four -foot width of the existing parcel. The deviation from the code is minimal, and in effect, materially negligible. Further, it appears that the other duplex Tots on SW Lomita only provide 70 -foot lot widths, therefore, the subject site is providing a lot width which is in excess of its neighbors. 2. There are special circumstances that exist which are peculiar to the lot size or 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 special circumstances which exist are the fact that: 1.) This is an existing site; 2.) For an undetermined period of time it possessed two addresses /living units; and 3) The property has received previous Conditional UseNariance approval to allow a duplex and a lot size which is slightly less than the minimum lot size required for a duplex. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 4 • • 3. 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 duplex is allowed in the R -4.5 zone if approved through the Conditional Use process. It appears that the lot width requirement was simply overlooked during the previous conditional use approval. All other City standards will be maintained to the greatest extent possible, while permitting some economic use of the land. 4. 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 in this title. Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested as the property currently contains a duplex unit. The impact of this variance will be limited to a four -foot reduction in the required lot width. 5. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The lot size exists due to previous platting and is not due to any action taken by or made on behalf of the present owners. The applicant is requesting a variance only for a four -foot section of the lot width which does not meet the code standard. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. This section is satisfied because a new intersection requiring vision clearance will not be created by the proposed expansion. Minimum Off- Street Parking: Section 18.106.030.A.1 requires a minimum of two (2) parking space for each dwelling unit. As indicated on the site plan, four (4) parking spaces have been provided, thereby, satisfying this criteria. Access: Section 18.108.070(A) requires that single - family residential uses provide one driveway with a minimum access width of 15 feet, with 10 feet of pavement. This section is satisfied as the applicant is not proposing changes to the existing approved driveway. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 5 • • COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on March 28, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. SECTION V: STAFF AND AGENCY COMMENTS Tualatin Valley Water District has reviewed this proposal and has offered the following comments: Developer to contact TVWD regarding water service - provide fixture unit data for remodeled duplex and new structure. Possibly may need larger meter (existing meter is located on SW 90th). May be desirable to relocate meter to SW Lomita Avenue adjacent to property. The City of Tigard Building Division, City of Tigard Engineering Department, Unified Sewerage Agency, GTE have reviewed this application and have offered no comments or objections. May 1. 1996 PREPARED BY: William D'Andrea s Planner. DATE APPROVED BY: Richard Bewersdorff Y 19 Planning Manager DAT7 6 E is \curpin \will \cup96- 03.dec STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 6 . . • • . , . . i t 1 • i Fr 1 1 H ---1-.1-±-i-- ,___ L___ .4,.., . L i_ ._ 1. _.. __ _ . _...1 ..._. . ..,' ._. .__ _________. _ , • , 1.-- i _. I--- ,_. .. i ... ... _ . i t _ __..... -t f- _ 1 r I . 11 ! I • - - -- 'r, III • --f. - -',-- ---• , 1 C:i IN II 1 i i 1 1 . 11 _ _ • 7r _. __ _ .... . .. I V 1 1 / I ! II 1 ! i I . - LH Z .. ...a. ;. _. _1 - •., I -r. . I : I -.. -- - T . -7---H-. L , 1 1 . 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Q. ---- 11. 1 1=2 I Ia. cu -H 8 lir e LOMITA 4- 0 FAN Illi 00 >1 111111* es IN / • Vicinity Map Z CUP 96 Note: Map Is not (0 scale N 1 EXHIBIT A it 4 CITY OF TIGARD • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER q BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 96- 0003NARIANCE (VAR) 96 -0003 Case Name(s): VIRNIG DUPLEX EXPANSION Name of Owner: Sean Virnig Name of Applicant: Same Address of Applicant: 11405 SW Lomita Avenue City: Tigard State: Oregon Zip: 97223 Address of Property: 11405 and 11407 SW Lomita Avenue City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 1S1 35DA. Tax Lot 3000 Request: > The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. Zone: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130, 18.134 and 18.164. , Action: ➢ ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:% THE DECISION SHALL BE FINAL ON JUNE 3, 1996 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON JUNE 3, 1996. Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639 -4171. C UP 96 -0003 VIRNIG DUPLEX PROPOSAL/REOUEST FOR COMMENTS • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding a request by Sean Virnig fora ) FINAL ORDER conditional use permit and variance for a ) duplex in the R -4.5 zone at 11405 & 11407 SW ) CUP 96- 00031VAR 96 -0003 Lomita Avenue in the City of Tigard, Oregon ) (Virnig) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to enlarge by more than 10% one of two dwelling units in an existing duplex in the R -4.5 zone. The applicant also requests approval of a variance to allow the duplex on a lot that is 86 feet wide rather than 90 feet wide as required for a duplex in the zone. A conditional use permit for the existing duplex was approved in 1991 (CUP 91- 0008). At the hearing in this matter on May 13, 1996, City staff recommended conditional approval. The applicant accepted the recommended conditions. One witness testified in person in support of the application. LOCATION: 11405 and 11407 SW Lomita Avenue; WCTM 1S1 35DA, tax lot 3000 APPLICANT AND OWNER: Sean Virnig APPLICABLE LAW: Community Development Code Chapters 18.50, 18.106, 18.108, 18.130 and 18.134 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT Sim AND SURROUNDINGS The hearings officer incorporates by reference the background information in the Staff Report to the Hearings Officer dated May 1, 1996 (the "staff report") and the findings about the site and surroundings in the final order regarding CUP 91 -0008. M. HEARING AND TESTIMONY A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on May 13, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Testimony. 1. Will D'Andrea testified for the City and summarized the staff report. 2. Ove Arvidson testified in support of the application. Mr. Arvidson requested that the staff report be included in the record. Hearings Officer final order CUP 96 -0003 & VAR 96 -0003 (Virnig) Page 1 • • 3. Sean Virnig testified in support of the application. He accepted the staff report and , • recommendation without objections or corrections. C. Agency Comments. The hearings officer incorporates by reference the staff and agency comments in the staff report. IV. APPLICABLE REVIEW CRITERIA AND RESPONSIVE FINDINGS The hearings officer incorporates by reference the applicable review criteria and responsive findings in the staff report and the applicable review criteria and responsive findings in the final order regarding CUP 91 -0008. V. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and vicinity. • VI. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed use does or will comply with applicable development regulations of the City of Tigard except as otherwise authorized by those regulations, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the staff report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 96 -0003 and VAR 96 -0003 (Virnig), subject to the following condition: 1. The applicant shall apply for and receive approval of a building permit from the Building Department. THIS APPROVAL IS VALID ONLY IF EXERCISED WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE DECISION UNLESS EXTENDED PURSUANT TO CITY CODE. DATED this 20th day of ay, 1996. / z b! Larry Epste • . ' • s Officer Hearings Officer final order CUP 96 -0003 & VAR 96 -0003 (Virnig) Page 2 • • Agenda Item: 2.1 • Hearing Date: 5 -13 -96 Time: 7:00 • • _ - • ', - STAFF REPORT:- :TO .THE ='HEARINGS OFFICER ^ CITY OF TIGARD .CITYrOF,:TIGARD,'OREGON SECTION I: APPLICATION SUMMARY CASES: FILE NAME: VIRNIG DUPLEX EXPANSION Conditional Use Permit CUP 96 -0003 Variance VAR 96 -0003 PROPOSAL: The applicant has requested: 1. Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2. Variance approval to allow an 86 -foot lot width, whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density ZONING DESIGNATION: R -4.5 (Residential 4.5 Units, Per Acre). LOCATION: 11405, 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.106, 18.108, 18.130, and 18.134. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 1 • • • SECTION II: STAFF RECOMMENDATION: Staff recommends that the Hearings Officer find that the proposed Conditional • UseNariance will not adversely affect the health, safety and welfare of the City. Therefore, staff. recommends APPROVAL, subject to the following recommended conditions of • approval: _ CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building department. SECTION III: BACKGROUND INFORMATION Site History: The site was annexed into the City of Tigard on August 19, 1971. The existing structure had been previously designed as two living units and carried two addresses according to City records. There are no records in the building department files pertaining to the original duplex conversion or aesthetic upgrades. The property received Conditional UseNariance approval (CUP 91- 0008NAR 91 -0014) to allow the existing structure to be used as a duplex on a lot containing slightly Tess than 10,000 square feet. No other development applications have been found to have been filed with the City. Vicinity Information: The subject site is surrounded on all sides by properties zoned R -4.5 (Residential, 4.5 units per acre). This residential area is substantially developed by single - family homes and duplexes. There are nine other duplexes (18 residences) located on SW Lomita Street between the subject site and the 90 degree westerly bend in SW Lomita Street. Site Information and Proposal Descriotion: The site is approximately 9,902 square feet in size q and is developed with a single-story duplex and carport. A relatively large paved area is located on site in front of the residence and carport. The property is landscaped with lawn and a variety of shrubs. A number of mature deciduous and evergreen trees are present on the property. The applicant recuests the followinc development appiications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion approval of a previous Conditional Use Review (CUP 11911 -0008) approval; condition of 2.) Variance approval to allow an 86 -foot lot width, whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. STAFF .PE ?CRT CUP ,g6 -0003 i VArR^, ? -0003 ` /IRNIG • • • • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS • COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to remove one half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval. This use is classified in Code Section 18.42 (Use Classifications) as a Duplex. Code Section 18.50.040 states that a Duplex is a Conditional Use in the R -4.5 zone. Dimensional Requirements: Section 18.50.050 states that the minimum lot area for each duplex unit in the R -4.5 zoning district is 10,000 square feet. The average minimum lot width requirement in the R-4.5 zone is 90 feet. In 1991, a Conditional Use and Variance was granted on the property to allow a duplex on the 9,902 square foot property, whereas, the code required a minimum 10,000 square foot lot size. The applicant is requesting a variance to allow a lot width of approximately 86 feet, whereas, the code requires a 90 foot lot width for a duplex lot. This request is addressed in the variance section below. Setbacks: Section 18.62.050 states that for single - family dwellings the setbacks are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; garage - 20 feet. The maximum building height is 30 feet. Setbacks for the proposed expansion will be reviewed during the building permit review process. However, the proposed plan indicates that the expansion can comply with applicable setbacks. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide adequate area for the needs of the proposed use. The site size and dimensions accommodate the proposed expansion. The applicant can satisfy all applicable setbacks and provide the required number of parking spaces. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The characteristics of the site are suitable for the proposed expansion because it is large enough to accommodate the expansion and does not contain significant physical hazards or natural features that would be adversely affected by the expansion. 3. All required public facilities have adequate capacity to serve the proposal. Public server and water are available to the site and have capacity to serve the site. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable provisions of the R -4.5 zone is fulfilled as noted above. STAFF REPORT • • • 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Neither of these sections are applicable. 6. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Duplexes: Section 18.130.150(C)(15) states that a duplex must meet the following additional dimensional requirements: 1. Lot size: 10,000 square feet. The property has previously received conditional use and variance approval to allow a duplex on this 9,902 square foot site. 2. Solar access requirements, Chapter 18.88. This section is not applicable as the proposal does not create an additional parcel. 3. The remaining dimensional requirements of the underlying zoning district. As indicated on the site plan, and as discussed previously, this section is satisfied. Variance: Section 18.134.050 contains the following general approval criteria for a Variance: 1. 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 other properties in the same zoning district or vicinity. The variance will not be in conflict with other City standards. The proposal will comply with all other City standards. The variance is only for a four -foot width of the existing parcel. The deviation from the code is minimal, and in effect, materially negligible. Further, it appears that the other duplex lots on SW Lomita only provide 70 -foot lot widths, therefore, the subject site is providing a lot width which is in excess of its neighbors. 2. There are special circumstances that exist which are peculiar to the lot size or 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 special circumstances which exist are the fact that: 1.) This is an existing site: 2.) For an undetermined period of time it possessed two addresses /living units; and 3) The property has received previous Conditional Use/Variance approval to allow a duplex and a lot size which is slightly less than the minimum lot size required for a duplex. • 3. The use proposed will be the same as d standards will be maintained to the greatest e extent that i reaso ab e and City ly while permitting some economic use of the land. A duplex is allowed in h R zone if approved through the Conditional Use process. It appears that the lot width requirement was simply overlooked during the previous conditional use approval. All other City standards will be maintained to the greatest extent possible, while permitting some economic use of the land. 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any mor than would occur if the development were located as specified in this title. Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested as the property currently contains a duplex unit. The impact of this variance will be limited to a four-foot reduction in the required lot width. 5. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The lot size exists due to previous platting and is not due to any action taken by or made on behalf of the present owners. The applicant is requesting a variance only for a four -foot section of the lot width which does not meet the code standard. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. This section is satisfied because a new intersection requiring vision clearance will not be created b proposed expansion. by the Minimum Off - Street Parkin : Section 1 8.106.030.A.1 requires a minimum of two ( parking space for each dwelling unit. As indicated on the site plan. four ( ) spaces have been provided. thereby. satisfying this criteria. p (4) Access: Section 1 8.108.070(A) requires that single- family residential uses provide one driveway with a minimum access width of 15 feet, with 10 feet of pavement. This section is satisfied as the applicant is not proposing changes to the existing approved driveway. • • COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens an opportunity to participate in all phases of the planning and development review be provided process. Policy 2.1.1 is satisfied because a neighborhood meeting was p applicant on March 28, 1996, notice of the public hearing was provided to o held by the within 250 feet and was published in a newspaper of general circulation. wners of property SECTION V: STAFF AND AGENCY COMMENTS Tualatin Valley Water District has reviewed this proposal and has comments: s offered the Developer to contact TVWD regarding water service - provide fixture remodeled duplex and new structure. Possibly may need larger meter exi tint data for ( located on SW 90th). M be desirable to relocate meter to SW Lomita g m t Avenue property. e adjacr acent The City of Tigard Building Division, City of Tigard Engineering De a Sewerage Agency, GTE have reviewed this application and h rt ave off off U comments or objections, ered d ifie no PREPARED BY: William D'Andrea Ma 1, 1996 Assistant Planner. DATE ' X Vim.- V .-1 - -.-- -- - APPROVED BY: Richard Bew_ersdorff ��lav 1. 1996 Planning Manager DATE 0 it'zurclm:viir.cum o- 03.,:ec ST , DEPORT CUP -6 :' • vtpkiin -- . • __.__________________ I I I I _.___________—. .1 __L_.'_.._i_ I. _ i _ _L._ 1._ I ..I_ I ._ L..) Qa.ierrit I __ __L_ i 1 ; I i ! I i [ !, I , . , a I r l _.__ ...,,.__ . " 1 ' ; _. ••1 I _ _. _. r ! I I i I II I i - — _ I 1 I I ' _ .1-- I • I I L — __ . 1 1 " r _.4_. 1 ! 1 ----• --• 1 -1- 1 - •.... _.._.._.1,.._____. _:...._ ! 1 1 1 1 ; • ; 1 f--- t 1 ;I li •ii; ; ff. , 1 : 1 1 1 I 1 ; r ■ i li i ! :._. . , . t T 1 r ; '; I 1 1.7.- 1 LU 1 i ; •- • I - . 1 ° I -. -- 0 - i 1 . - - 1 : i . • i , ; 1 1 ; . 1; \ ! i• 1! -.- - • • • t , . I 1 i i - i i • : i : , 1 i • , , i r 1, I i 1 .1 1 0 I L . .. _ _ r .. i ; _ , _ 1 ..• r i i i ,_ ; . 1! 11_ • i [. i 1 „, . T 1--. , --- --- -- - [ - - • •-• ---I-- 1 ! 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' '•"- ''' , -- ,, e....4.A-r -- -- : • -- - ■• , • . • i i : : : -- - — — - - • • ) 54 "" " • • • 1 1.m. 1 - ' 1 , . 0 : l ! i • : • I PLOT PLAN A CASE NO. i EXHIBIT MAP Conditional Use Permit 1 is, I (cup) 96-0003 1 I I VIRNIG ; 1 ! 1 1 • r --1-J ‘14111 1111111111 . 1111111111 1. n 111111 , Amij . likh: Mil Ite 111111 ‘1Mic CZ ST I- lowni 8 =I iiii„i„ N CD ...... -- S "- URIIFell PAR& L-L > > > gli 7:1 rull Eft. co ■ 1 0._ it. -2 Ci3 E IF LOMITA 011 1 Q 1 0 \ I iI li■ Ire 1 . ..,......< 1 1 1 1 ■ / ri. Vicinity Map ,A CUP 91 0003 Note: Map is not to scafe N CUP 96- 0003 /VAR 96 -0003 VIRNIG DUPLEX EXPANSION cIN` r :sj.'age 1 /1) • EX!If:I:rr SEAN VIRNIG 11405 SW LOMITA AVENUE . TIGARD OR 97223 OVE ARVIDSON 15215 SW 79th AVENUE TIGARD OR 97224 DENISE ARVIDSON 15215 SW 79TH AVENUE TIGARD OR 97224 • • • • A '. ""�1�a � : 3 City of Tigard, Oregon .it AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn /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: (cheek 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: (Check box above, Napplicable) City of Tigard Planning Director That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (Cheek box wove, if applicable) (check appropriate box below} ❑ City of Tigard Planning Director ❑ / Tigard Planning Commission V Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: 1 A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A ", wa, to each naies, person(s) at the addres s) shown on the attached list(s), marked Exhibit " on he day of � aV - 199 6 , and deposited in t e U r ited States Mail on e ' day if '" / 199 postage prepaid. 11,1 -! 1101 a/r_44111/ (=L . - red Notice w W i Subscribed and sworn /affirmed before me on the day of , 1 �''�� OFFICIAL SEAL `.1 ='. a DIANE M J )d ®�� 00) C NOtA O M RY PU MISSIO BLIC•OREG NO OOa6ta2 N "� N ON MY COMMISSION EXPIRES SEPTEMBER 07, 199g NO ARY PUBLIC OR X97 My Commission E res: J / 17 FILE INFO.:I�i NAME(S): aia / 1 „ . / O CASE NO.(S): " v_/ 3 - /rf 1 3 TYPE OF NOTICE & DATE: November 26, 1997 M CITY OF TIGARD Mr. Sean Vimig 11405 SW Lomita Avenue OREGON Tigard, OR 97223 • Re: Extension Approval Dear Mr. Vimig: This letter is to inform you that your request for an extension of approval period for Conditional Use Permit (CUP 96 -0003) has been granted. Section 18.130.030 (B) states that the Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one (1) year provided that: 1. No changes are made on the original Conditional Use plan as approved by the Hearings Officer 2. The applicant can show intent of initiating construction on the site within the one (1) year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. No changes have been made to the original request, the applicant is in the process of submitting for building permits and there have been no changes in applicable policies or standards on which the approval was originally based. Therefore, the Director has determined that the request for extension of the approval period has met the requirements for granting an extension. The approved Conditional Use Permit (CUP 96 -0003) shall be valid until December 3, 1998. If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea, Associate Planner f:\curpin \will\cup96- 03.Itr c: CUP 96 -0003 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • SEAN VIRNIG 11405 S W LOMITA AVE TIGARD, OR 97223 NOVEMBER 25, 1997 CITY OF TIGARD PLANNING DEPT ATTN: WILL D' ANDREA RE: CONDITIONAL USE PERMIT ( CUP) 96 -0003/ VARIANCE (VAR) 96 -0003 VIRNIG DUPLEX EXPANSION I am requesting a one year extention for the conditional use permit. The permit expires 12- 3 -97.I am currently in the process of applying for the building permits and do not want the permit to expire before they are issued. Sincerely, dry, l� Sean Virnig 0 i��' mryl,���ll'j CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: CONDITIONAL USE PERMIT (CUP) 96 - 0003 y/4- ClUro FILE TITLE: VIRNIG APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 (503) 639 -4423 REQUEST: The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY X STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 X HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7 :30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea (503) 639 -4171 x315 CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREQUEST FOR COMMENTS „,1,; CITY OF TIGARD, OREGON CONDITIONAL USE APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. 0,4n., -()()(4, 5 OTHER CASE NO'S: VA -CO03 RECEIPT NO. / &-z77 o APPLICATION ACCEPTED BY: ( 01)/4 ---- DATE: 03299 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION 1140 d.1Men SLAD Lam;Ta (A) Application form (1) 44eArtwt. ? �L�CLQ� ()i_ 412'23 (B) Owner's signature /written✓ TAX MAP AND TAX LOT NO. 151 3SDA ,Tl9X Lo-r 3G0o authorization DE FD (C) Title transfer instrument (1)-' SITE SIZE La 99 02 S ir}. add: -VoNin 12AO n G 1 ) PROPERTY OWNER /DEED HOLDER* 5,zurl a�4 V'tNta d (E) Site plan (pre- app.checklist) ADDRESS Ovt b4,44 HONE SLY o 60•1 11406 SO me (e,Aq (F) Applicant's statement ✓ CITY "j'tp f 2i pQ„ ZI19NM 7” (pre -app. checklist) APPLICANT* (C)-List -ef p operty_ k+n ra aj d ADDRESS PHONE - -= CITY ZIP (H) Filing fee ($36.5/ *When the owner and the applicant are different 373 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) must sign 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 conditional use approval to allow N.P.O. Number: 710 Qo.vrroA lit c5; a,A .eXis DIe x d. 2v►ICiece- Hearings Officer Approval Date: 'L4a. 5quatk .6111c,1c qtecudrad' 44b n A& LOWo 1;w►� �n� Final Approval Date: 0#11 Ao r lAuxUct.co.kco c,r; r c., VartO.ACC tOir WW1 • Planning Engineering 0736P/23P Rev'd: 3/88 lil 1 . . 3. List any variance, sensitive lands permit, or other land use actions to be considered as part of this application: \kvikict�(1Qo..)o b ` ` - uJA .,Vr 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 ,2 day of ,Q aI1 19 C (0 SIGNATURES of each owner (eg. husband and wife) of the subject property. 0 J1 • f C? IMF k � ° ot.-- (KSL:pm /0736P) .. • • CITY OF TIGARD CONDITIONAL USE APPLICATION NARRATIVE Regarding a request by Sean and Justine Virnig for a conditional use permit for an addition to the duplex in the R -4.5 zone at 11405 and 11407 SW Lomita Avenue in Tigard Oregon. I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4.5 zone on a lot containing slightly less than 10,000 square feet. The applicant proposes to remove one -half of the existing duplex and enlarge the square footage greater than the 10% limit of the minor modification criteria set out in CUP 91 -0008. Also, a variance to the lot width. At a hearing on August 26 1991, the city staff recommended conditional approval as shown in CUP 91 -0008. Location: 11405 and 11407 SW Lomita Avenue. WCTM 1S1 35DA, tax lot 3000. Applicant: Sean and Justine Virnig Property owner: Ove and Denise Arvidson and Sean and Justine Virnig COMPLIANCE WITH TITLE 18 (ZONING) 1. The proposed use complies with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R -4.5 zone, and the lot and structure comply With the dimensional requirements of the zone except as noted below. 2. The proposed use complies with Chapter 18.102, because a new intersection requiring visual clearance will not be created by the proposed conditional use. 3. The proposed use complies with Chapter 18.106, because the applicant will provide 4 parking spaces on the site. 4. The proposed use will comply with chapter 18.108, because the drive to Lomita Avenue is at least 10 paved feet and vehicles can enter the street in a forward direction. 5. The proposed use complies with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving existing mature vegetation and minimizing the need to buffer the use by preserving an existing structure that is aesthetically compatible with adjoining residential uses. • • • b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated at the end of a block , it preserves an existing structure that minimizes the impact of building height, and does not contain significant physical hazards or natural features that would be • adversely affected by development. c. Public sewer and water are available to the site and have capacity to serve the site. d. The applicable provisions of the R -4.5 zone is fulfilled as noted above. e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front yard exceeds 20 feet. g. The rear yard exceeds 15 feet. h. The side yards exceed 5 feet. I. The East side exceeds the 20 foot easement j. Building height does not exceed 30 feet; therefore the building complies with section 18.50.050(A)(4), too. 7. Topography and drainage: The site slopes gently to the south. Storm water is directed to existing storm water features in Lomita Avenue. Drainage will not change if the applications are approved. 8. The site contains 9902•square feet, which is about 1% less than the 10,000 square foot minimum lot size required by Chapter 18.130. A variance to that section is warranted based on the variance approval in CUP 91 -0008. . . ( f i . ' • . I l l I _ ___ II ,... . • • e _e r. .1, _ 7 _ Mal= - - - _ . 111 I ,_ , .. , . -Z. . ' – -- – ---- - ---- —4) -- -- _._ . --..- -. - - - ;7 - - 1 1 - • ---- - _L __ _. rri .___ _ _ , c- .... ._ __. _ _ _ . _ ___ ... N I -. . - - - - 4 1 _ ,_,_ 'I. • , 1 qi 4 6 1 I • . __ 1 __ .. _ 0 --- .--- (-{------ — -- — _ 1 . IL. I ____ _ - p I ■ Co • M O 1 _ , __-, tL .1 / 1 - I r . , — — • — -- — -,, imi Vb . . . _ . . . . ip : . Iral 731111 • .. .. . _ .___ _ .___ . .... . ._ .. .... I ___ _ ___ __,„._ _____ -- - ,-----.----,, iiii _ _ _ _______ • 24 ' -.... , • A . 4 4. • I . _ ___ _ _. i _ _ . I IL 0 BUSE . _ - -- _ -- - - - . - _ -- . -_ _._ /- 4 a ... '' _ • _ . _ J t o , ., / 4 0 11 I— 11_ :____ • • . 5 _ _ '1" - II . .....i" _"___ • EIJ . - — —_—_— _.__ _ . • _ ___ ____._ __ _ _ _ __ _ _ _ • • • - AFFIDAVIT OF MAILING STATE OF OREGON ) ) ss. City of Tigard ) I, '1 1 U a&IV:" , being duly sworn, depose and say that on MQ261, IS #M , 19So I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) 11405 Stw3 Lc-uWerA AVE. T ∎sigh >J • nIR Q1 V13 a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at Apith. r m\-1 tZZiO 5tz ►(ho, .a , with postage prepaid thereon. Vi---; �� Signature (In the pr nce of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn /affirmed before me on the J d ay of , 19 1 0. • ..,+, �. • OFFICIAL SEAL DIANE M JELDERKS �`?:� NOTARY PUBLIC OREGON / . ., / 14/1 V . / COMMISSION NO. 046142 /�•. MY COMMISSION EXPIRES SEPTEMBER 07, 1999 NOTARY PUBLIC O o REGON My Commission Ex. es: (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: 4 TYPE OF PROPOSED DE LOPEN : • • ' • • 1 . Name of Applicant/Owner: DE V 1 ' /& Address or General Location of Subject Property: ' • _ _ J11.111 ' - 't • AA • • 2 I Subject Property Tax Map(s) and Lot #(s): /5/ 35' PO 1o4 .3200 h: Vog in 1pattytmasterslafma i I. m st • • March 13, 1996 RE: Sean and Justine Virnig Dear Interested Party: We are the owners of the property located at 11405 and 11407 S.W. Lomita Ave., Tigard, OR 97223. We are considering proposing a conditional use permit for an addition to our existing dwelling at this location. Prior to applying to the City of Tigard for the necessary per- mits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday, March 28, 1996 7:00 PM Tigard City Hall Red Rock Creek Conference Room 13125 SW Hall Boulevard Tigard, OR 97223 Please notice this will be an informational meeting on prelimi- nary plans. These plans may be altered prior to the submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please call me at 639 -4423 if you have any questions. Sincerely G%' Sean Virnig 1 „0-0” • M ETI OSCAN LABELS * * * 1 � Date: 03/06/96 Report: Laser 3 Across Labels Sort: Site Address Count: 27 For: SHAWN VERNIG Of: 11405 SW LOMITA By: MAUREEN DANIELS TIGARD, OR 97223 Stephen Siler Robert Rose Heintz M Cynthia Nancy & Ronald Heitz 11275 SW 90th Ave 11375 SW 90th Ave 11401 'SW 90th Ave Tigard, OR 97223 -6402 • Tigard, OR 97223 -6404 Tigard, OR 97223 -6406 Monty & Tami Laursen C Kent & Lisa Powloski Jeff Dorothy Faulk 11403 SW 90th Ave 11405 SW 90th Ave 11435 SW 90th Ave Tigard, OR 97223 -6406 ' Tigard, OR 97223 -6406 • Tigard, OR 97223 -6406 Harold Worsech William Snyder K Sandra Patsy Lamb Stephanie Snyder _ 11450 SW 90th Ave _ 11475 SW 90th Ave 11480 SW 90th Ave Tigard, OR 97223 - 6427 Tigard, OR 97223 - 6406 • Tigard, OR 97223 - 6427 Paul & Barbara White Thomas & Doris Doll Behrooz & Sheila Ansari 11495 SW 90th Ave 11500 SW 90th Ave 11540 SW 90th Ave • Tigard, OR 97223 -6406 Tigard, OR 97223 -6429 Ti.. • •, OR 97223 -6429 Deanna Marie Quillen Jack & Eva Fr._ Lawrence & Nancy Molitor 11560 SW 90th Ave 11565 SW •s Ave 11587 SW 90th Ave Tic- et 97223 -6429 Tigar. OR 97223 -6408 Tigard, OR 97223 -6408 Floyd Bergmann �'` Sean & Justine Virnig M Marine Alan & Sook Hee Baxter - bve & Den Arvidson 11600 SW 90 Ave 11650 SW 90th Ave 11405 SW Lomita Ave Tiga e, OR 97223 -6430 Tigard, OR 97223 -6400 Tigard, OR 97223 -6435 Chester Mae Klock Elizabeth Coshow Richard Murray & Lowana 11410 SW Lomita Ave 11425 SW Lomita Ave 11440 SW Lomita Ave Tigard, OR 97223 -6417 Tigard, OR 97223 -6435 •Tigard, OR 97223 -6417 Clifford Berger Gordon Hartung Cynthia Berger Linda Bouse & John Bouse A Cheryl 11455 SW Lomita Ave ,_11470 SW Lomita Ave 11485 SW Lomita Ave Tigard, OR 97223 -6435 Tigard, OR 97223 -6417 ' Tigard, OR 97223 -6435 y Tommy Henry Nebert /Glen Martha Hockett E Susan Jang & Yon Soon Oh 11500' SW Lomita Ave 11530 SW Lomita Ave .. 11630 SW Lomita Ave Tigard, OR 97223 -6419 Tigard, OR 97223 -6419 Tigard, OR 97223 -6421 • i f 1 • • • AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: .. City of Tigard . • Planning Division 13125 SW Ha11 Boulevard Tigard, OR 97223 • I, SF ,4 v ► 2111((- • , do affirm that I am (represent) the party initiating interest in a proposed O14kce1 affecting the land located at (state the approximate location(s) if no address(s) and /or tax lot(s) currently registered) 11405 S.U.). L A .V•e- , Z'►CiGith ,ne. CCIZZ3 , and did on the t3 day of r10QC N , 19 % personally post notice indicating that the site may be proposed for a &)f14 i44 ona_ U c12P_r111.r application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at 1140 5 .Su3 Lovv't:vizt Ave". ri Chit. h , pQ Q1223 (state location you posted notice on property) Signature In the preser j - •f a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn /affirmed before me on the / day of ` l J , 196 "4-:+"). Tr. a OFFICIAL SEAL � � �� � ,r. -f, DIANE M JELDERKS v• 7 a ' NOTARY PUBLIC - OREGON :,o COMMISSION NO. 046142 N TARY PUBLIC • OREGON MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission :. a res: (Applicant, please complete information below for proper placement with proposed project) r N ME OF PROJECT OR PROPOSED NAME: TYPE OF PROPOSED DEVELOPMENT: t.,a .Q Name of Applicant/Owner: SAN V( IC, 1 /405 (.c Lovvi'rrri Ai' I Address or General Location of Subject Property: l I aid, Q,Q. q7 Z 23 I Subject Property Tax Map(s) and Lot #(s): /6 / S5 42 A fol. 36:1DC ) h: Vogintpatty\masterstaffpost.mst • NOTES FROM NEIGHBORHOOD MEETING SEAN AND JUSTINE VIRNIG MARCH 28, 1996 NAME, ADDRESS, AND COMMENTS, CONCERNS OR ISSUES: 10 0 D 27- --- 7 43 7r - 5'' ?X . V_/�C/ lie. 9. c / ,-e ,11 /40 V ()_QAtr--e / -sa_ • • SIGN -UP SHEET FOR NEIGHBORHOOD MEETING AFFECTED PROPERTY 11405 AND 11407 SW LOMITA SEAN AND JUSTINE VIRNIG MARCH 28, 1996 NAME ADDRESS 5 .214,51onL v t210 t(n 1405 St 0 4. non TA AVE; F - , . I r - - e a- O,L42 A L ■/ 1 ro \ s c A ► 5 S u3 7 9 44 ' h„-P, T(C J a , _.., / .t r , O J /O A� 7 6 ? aC � � -- / • pc:: • 3038,, 4 . • • • WHEN RECORDED RETURN TO: NORTH AMERICAN MORTGAGE COMPANY® P.O. BOX 808031 PETALUMA, CA 94975 -8031 FINAL REVIEW DEPT, 742F (Space Above This Line For Recording Data) H04 ,. 203016 -841 DEED OF TRUST THIS DEED OF TRUST ( "Security Instrument ") is made on FEBRUARY 4TH, 19 94 .The grantor is SEAN V I R N I G AND, JUST I NE V I RN I G , HUSBAND AND WIFE , AND, OVE S. ARVIDSON AND, DENISE L. ARVIDSON, HUSBAND AND WIFE ("Borrower"). The trustee is TRANSAMER I CA TITLE INSURANCE ( "Trustee "). The beneficiary is NORTH AMERICAN MORTGAGE COMPANY® , which is organized and existing under the laws of DELAWARE , and whose address is 3883 AIRWAY DRIVE , SANTA ROSA , CA 95403 ("Lender"). Borrower owes Lender the principal sum of SIX THOUSAND AND 00/100 Dollars (U.S. $ 60 ,000 .00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 01, 2024 . This .Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocabl y grants and conveys to Trustee, in trust, with power of sale,. the following described property located in WASH I NGTON County, Oregon: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. SEE RIDER(S) HERETO ATTACHED AND EXPRESSLY MADE A PART HEREOF. which has the address of 11405 & 11407 SW LOM I TA AVENUE , T I GARD (Street) (City) Oregon 97223 ( "Property Address "); (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. OREGON — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT FORM 3038 9/90 REA 3038 Page 1 oY VERSION 5.0 (03125181) In>t LEI100RA • Transa ica Title Insurance TRANSAMERICA 4805 S. Griffith Drive, Suite 300 Beaverton, Oregon 97005 TITLE INSURANCE COMPANY (503) 644 -1194 FAX (503) 643 -2082 Stan Wiley C.L. Goode & Barbara Goode 4915 SW Griffith Dr. #200 543 Fern Road Beaverton, OR 97005 Brookings, OR 97415 Attn: Linda Walls lcc lcc 02 -41 -00 Great Western Sean Virnig & Justine C. Virnig 5285 SW Meadows Rd. #451 Ove Arvidson & Denise Arvidson Lake Oswego, OR 97035 15215 SW 79th Attn: David Simmons Tigard, OR 97223 lcc 02 -41 -00 lcc PRELIMINARY TITLE REPORT Dated : March 1, 1991 Parties : GOODE /VIRNIG Escrow Officer: Kelli Nerseth ARVIDSON Escrow Number : 2225355 Prop. Add: 11405 SW Lomita Title Officer : Tigard, OR 97223 Title Number : 2225355 • ALTA Owners Std. Coverage $63,500.00 Premium: $ 340.00 ALTA Extended Lenders Coverage: $57,000.00 Premium: $ 116.25 Indorsements F100 & F116 Premium: $ 35.00 Governmental Service Fee Cost $ 12.50 Indorsements Environmental Lien Premium': $ None A consolidated statement of all charges, credits, and advances, if any, in connection with this order will be provided at closing. Effective February 21, 1991 at 8:00 A.M., title to the land described herein is vested in: C.L. GOODE and BARBARA GOODE Reliance A Reliance Group Holdings Company Form 4100-7 s /M TRANSAMERICA TITLE INSURANCE COMPANY B) Proof that there are no parties in possession or claiming • the right to be in possession other than the vestees herein and that there are no existing leases or tenancies. C) Proof that there are no statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation, which have now gained or hereafter may gain priority over the insured in the forthcoming policy. 6. City liens, if any, of the City of Tigard. (An inquiry has been sent concerning the status of liens and a report will follow if any liens are found.) 7. Regulations, including the power to acquire rights of ways and easements, and to levy assessments of the Unified Sewerage Agency. 8. Trust Deed, including the terms and provisions thereof, Amount : $40,960.00 Dated : September 18, 1985 Recorded : September 19, 1985 Recorder's Fee No.: 85036948 Trustor : C.L. Goode and Barbara Goode Trustee : L. Guy Marshall Beneficiary : Oregon Telco Credit Union Loan No. : None given 9. The effect, if any, of a strip of land, 20 feet in width, adjacent to the Easterly property line, delineated with a dotted line on the County Assessor's map of the property. We find no conveyance of record of this strip. 10. The effect, if any, of a strip of land, 15 feet in width, adjacent to the Southerly property line, delineated with a dotted line on the County Assessor's maps of the property. We find no conveyance of record for this strip. 11. The property described herein is subject to a Washington County Transfer Tax of $1.00 per thousand, based on consideration, payable on transfer of property. Failure to pay the tax or apply for an exemption shall result in a penalty equal to the amount of tax owed, plus possible criminal prosecution punishable by a fine of not more than $500.00. NOTE 1: We find no judgments or tax liens against Sean Virnig, Justine C. Virnig, Ove S. Arvidson or Denise Arvidson. Dated March 1, 1991 Page 4 2225355 . Reliance - uu, A Reliance Group Holdings Company Form 4100 -7 • TRANSAMERICA TITLE INSURANCE COMPANY We are prepared to -issue title insurance in the form and amount shown' above subject to the usual printed conditions, stipulations and exclusions from coverage appearing in such policy form and to exceptions as shown herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium therefore paid. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. NOTE: Exceptions 1 through 5 may be modified or eliminated from the ALTA LENDERS EXTENDED POLICY, based upon receipt and review of the following: A) If a survey is not required for loan purposes, Transamerica Title Insurance Company will not require a survey. Dated March 1, 1991 Page 3 2225355 i . Reliance �e A Reliance Group Holdings Company Form 4100-7 • • TRANSAMERICA TITLE INSURANCE COMPANY Description: Beginning at the Northeast corner of the J.L. Hicklin Donation Land Claim No. 54, in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and running thence West 6.5 feet, running thence South 1'57' West 453.1 feet, more or less, to an iron pipe at the Northeast corner of that certain tract of land conveyed to Avon W. and Bernice M. Barber by deed recorded on Page 379 of Book 304, Washington County, Oregon Deed Records, running thence South 89'30 1/2" West along the North line of the Barbur tract for a distance of 249.3 feet to an iron rod which is the true point of beginning of the hereafter described tract of land, running thence from said true point of beginning South 1'29' East 114.46 feet to an iron rod, running thence North 89'31' East to an iron rod; thence running North 1'29' West 114.47 feet to an iron rod on the North line of the Barbur tract, running thence South 89'30 1/2' West 86.5 feet to the true point of beginning. • • Dated March 1, 1991 Page 2 2225355 gib. Reliance �c i A Reliance Group Holdings Company Form 4100 -7 . .. .. .. •,.... 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I 1 ::: •• . : 1 '... :.• ..• . .. • • . • „ . . : . . • . ........ .. . ........ . ... . . .... ............ ............4••••••••• .4.. ......„ 4. .... ...... . ... . . . . ... . ... ...... ....... ....... . .. . ....... . ........., . ...... ..... • .. . .... • . . .• . . . .. . . . . . . . . . . . ; . . . • . . . ... . • ... . ...... ...... .... • . . .... . . . . .. : . . . . : .... .. • • • CITY OF TIGARD A, PRE- APPLICATION CONFERENCE NOTES ;��y� RESIDENTIAL CITY OF TIGARD OREGON DATE: .Z Z- 90 STAFF: ((id/ D'AiiD1 M APPLICANT: '5 - A) I///l'u,& AGENT: Phone: ( ) 'Z ' 97 0 Z Phone: ( ) PROPERTY LOCATION /1i—to-7 ADDRESS: //' fc SLt) (DM /74 TAX MAPITAX LOT: 151 35f/4 _ 30r) NECESSARY APPLICATION(S): (,a0Dr0i24' vs,G r.E. /c /.t/ 1/4 4�✓e E PROPOSAL DESCRIPTION: 177 XEMGUa % aG d4AJ ,ExISTA.) fr V , p/e.r r y -/_r!) ..t1 G .4-26-C TN - 5Q v.4,/e focrr�- -,e/ 4 - 77- 4/) ,/%6' /i i7 OF ,v HJJc/L Me78 /AG9 -7/a.✓ C,pi7 i•4 . 144, /4NCE — COMPREHENSIVE PLAN DESIGNATION: Gow 7725/77f /c7 cAi ten H ZONING DESIGNATION: R ` L /, 6 CITIZEN INVOLVEMENT FACILITATOR: TEAM AREA: EXS r PHONE: 1503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Min /0 9 i mum lot size: 000sq. ft. Average lot width: 0 ' ft. Maximum building height: 30 ft. Setbacks: front ,1O ft. side 5 ft. rear /5" ft. garage Z.O ft. corner --- ft. from street. Maximum site coverage: ------ °,'o Minimum landscaped or natural vegetation area: -- °'o ApP6ic4✓✓ R EC EA} eD 14 APpgaV.4L._ -To. 4' Apps( � r2 vitRiANC-E. ADDITIONAL LOT REQUIREME TS Minimum lot frontage: 25 feet unless lot i created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or ave a minimum 15 foot wide access easement. The depth of all lots shall not exceed 2'h times he average width, unless the parcel is less than 1'h times the minimum lot size of the applicable zoning district. (Refer to Co Se tion 18.164.060 Lots) CITY OF TIGARD Pre - Application Conference Notes Page 1 of 7 Residential AppficationiPlanning Department Section SPECIAL SETBACKS • • Streets: from the centerline of • Established areas: feet from • Lower intensity zones: feet, along the site's boundary. • Flag lot: 10 foot side yard set ck. • Zero lot line lots: minimum 10 f t separation between buildings. • Multi- family residential building sep ration: (Refer to Code Section 18.96.030) Accessory structures up to 528 square feet in size may be permitted on Tots Tess than 2.5 acres in size • 5 foot minimum setbac: from side and rear lot lines. Accessory structure up to 1000 square feet an parcels of at (east 2.5 acres in size (See applicable zoning district setbacks for primary structures.) BUILDING HEIGHT PROVISIONS Maximum height of 30 feet in R -1, R -2, R•3.5 and R -4.5 zones. • Maximum height of 35 feet in R -7 and R -12 zones. • Maximum height of 45 feet in the R.25 zone. • Maximum height of 60 feet in the R -40 zone. FLAG LOT BUILDING HEIGHT PROVISIO Maximum height of 1 Y2 stories or 25 et, whichever is less in most zones; 2'Y2 stories, or 35 feet in R -7, R -12, R -25 or R -40 zone: provided that the standards of Code Se ion 18.98.030(B) are met. RESIDENTIAL DENSITY CALCU ATION The Net Residential Units (lowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square eet required per dwelling unit as specified by the applicable zoning designation. Net development are? is calculated by subtracting t following and area(s) from the gross site area: 1. All sensitive lands area including: a. Land within the 100 year floodplain. b. Slopes exceeding 5%. c. Orainageways. 2. Land dedicated for park purpo s. 3. Public right-of-way dedication. 4. All land to be provided for private streets (includes accessways through parking areas). (Refer to Code Section 18.92) BLOCKS When block lengths greater than 6 0 feet are permitted, pedestrian /bikeways shall be provided through the block. (Refer to Code Section 18.164.04 RESIDENTIAL DENSITY TRANSFER The City of Tigard allows a Resident" I Density Transfer of up to 25% of the units that could otherwise have been developed on sensitive lands areas listed in (1.) abov which may be applied to the developable portion of the site. (Refer to Code Section 18.92.030). It is the responsibility of the applicant for are 'dential development application to provide a detailed calculation for both the permittec residential density and the requested density transfer. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 7 Residential AppiicationiPlanning Department Section RESIDENTIAL DENSITY TRANSITIO . Regardless of the allowed housi ensity in a zoning district, any property with.00 feet of a designated established area sha not be developed at a density great than 125 percent of the maximum Comprehensive Plan designation (not zoning) of the adjacen parcel. Transition area applies to an property which is a designated established area. The subject property is designated as an area. The bject property is adjoined by establishedldevelopinglareas to the north, south, east and wes• FUTURE STREET PLAN AND EXTENSIO OF STREETS 1. A future street plan shall: a. Be filed by the app *cant in conjunction with an application for a subdivision or partition. The plan shall show th! pattern of existing a d proposed future streets from the boundaries of the proposed land division and shall includ. boundaries of the pro sed land division and shall include other parcels within 200 feet surrounding and adjacen to the proposed land di 'sion. b. Identify existing or propo d bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilitie. on or within 500 feet of t e site. 2. Where necessary to give access or per it a satisfactory future division of adjoining land, streets shall be extended to thi boundary lines of the tract to be developed. (Refer to Code Section 18.164.030) RESIDENTIAL DEVELOPMENT SOLAR ACCE S REQUIREMENTS All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% o all lots created must be oriented for sol accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed Tots: 1. Demonstrate a north -south dimensi of at least 90 feet. 2. Demonstrate a front lot line orientat n within 30 degrees of a true east -west axis. The total or partial exemption of a site from th solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 2 'o. 2. Off -site shade sources (structures, vegetation topography). 3. On -site shade sources (vegetation). Adjustments allowing a reduc k n of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an i creased cost of at least five percent due to either: a. East, west or n h slope greater than 10 %. b. Significant natura feature. c. Existing road or lot 'ng pattern. d. Public easement or r ht -of -way. 2. Reduction in important developm nt amenities. 3. Pre - existing shade (vegetation). PLEASE :NOTE Maps and text are required which are suffici t to show that the develooment complies with the solar design standards. or that specific lots should be exempted or adj ted out. The following items shall be included in the analysis: CITY OF TIGARD Pre - Application Conference Notes Page 3 of 7 Residential ApplicationiPlanning Department Section 1. The north-south lot dim n .nd front lot line orientation of each pro lot. . 2. Protected solar buildings a r relevant building site restrictions, if ap able. 3. For the purpose of identifying tr• • s related to exemption requests, a map showing existing trees which are at least 30 fee tall and over 6 inches diameter a a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. c. Species. d. A statement declaring that t • y are to be retained. 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar -ori• ted lot are high levels of wintertime sun striking the south walls and roofs al the house, house orientation maximizing south win 1 t w area, and a south - sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar 1 ilding line must: a. Be oriented to within 30 degrees of a true east -west axis. b. Provide a minimum distance of 70 feet rom the middle of the lot to the south property line. c. Provide a minimum distance of 45 feet om the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options • There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees a .n east -west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. Please contact the Buildin. Division for further information r:.ardin. the Protected Solar Buildin. Line and Performance Options relating to building height and construction. PARKING AND ACCESS All parking areas and driveways must be paved. - ---,' • Single family: Requires 2 off - street parking spaces per dwelling unit. • Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. Requires 2 parking spaces per unit for 1+ bedrooms. Multi- family dwelling units with more than 10 quired spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. (Refer to Code ction 18.106.030) No more than 40% of required spaces may designated andlor dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: • Standard parking space dim nsions: 8 ft. 8 inches X 18 ft. • Compact parking space dime ions: 8 ft. X 15 ft. • Handicapped parking: All par 'rig areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled pe on parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an a ropriate sign shall be posted. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 7 Residential ApplicationiPlanning Oepartment Section Bicycle racks are required for mul i ily, commercial and industrial developments cycle racks shall be located in areas protectec . from automobile traffic and in co ient locations. Bicycle parking spaces shall provided on the basis of one space for ever, 15 required vehicular parking spaces. ' Minimum number of accesses: Minimum access width: /5 / Maximum access width: Minimum pavement width: /0 P. . REQUIRED WALKWAY LOCATION Within all attached housing (except tw family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, ommon open space and recreation facilities. CLEAR VISION AREA ---' The City requires that clear vision areas be maintained between three and eight feet in height at roadldriveway, roadlrailroad, ana roadlroad intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different and uses, the 'ty requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of widt Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance bet een vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not quired by the Code. The required buffer areas may _only be occupied by vegetation, fences, utilities, and walkways. Additional info ation on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 1 100) The required buffer widths which are applicable t your proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along . STREET TREES Street trees are required for all development fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed 'ther within the public right-of-way or on private property within six feet of the right-of-way boundary. Street trees must hay a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet art depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting stree trees may be obtained from the Planning Division. A minimum of one tree for every seven parking space must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall includ special design features which effectively screen the parking lot areas from view. These design features may include the use of land aped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. efer to Code Chapters 18.100, 18.106 and 18.108) SIGNS Sign permits must be obtained prior to installation of ny sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height b and Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a 'gn Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre•Application Conference Notes Page 5 of 7 Residential ApplicationiPlanning Department Section SENSITIVE LANDS . The Code provides regulations fo \s which are potentially unsuitable for develoint due to areas within the 100 -year floodplain • natural drainageways, wetland ar as, on slopes in excess of 25 percent, or on unstable ground. Staff will attempt to preliminaril.. identify sensitive lands areas at a pre - application conference based on available information. HOWEVER, the responsibility tl ' precisely identify sensitive lands ar as, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions o sensitive lands must be clearly indic ted on plans submitted with the development application. (Refer to Code Chapter 18.84) Chapter 18.84 also provides regulation for the use, protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. In most c es, dedication of 100 -year floodplain areas to the City for park and open space areas i :: required as a condition of the approval o a development application. I RRATIVE e applicant shall submit a narrative which provides findings for all applicable approval standards. Failure p g pp pp s allure to provide a narrative of adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant shoulc review code for applicable criteria. IJ3HBORHOOD MEETIN e app scant s all notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum or 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. RECYCLING 18.11 ADDITIONAL CONCERNS OR COMMENTS: n / F/f3Q2NO MEFTik1Cr ,4.A) E4-4- Al /,E. PROCEDURE Administrative staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. CITY OF TIGARD Pre - Application Conference Notes Page 6 of 7 Residential Applicatian,Planning Department Section APPLICATION SUBMITTAL PROCESS - All applications must be accepted a Planning Division staff member of the Commu ty Development Department at Tigard City Ha offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptant: may be returned. Applications submitted after 4 :30 P.M. on Thursday will be batched for processing with the following week' applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map o a proposed project should be submitted for attachment to the staff report or administrative decision. Application witt unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether al application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additions copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions ma take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10, to 20 day public appeal period follows all and use decisions. An appeal on this matter would be heard by the Tigard 6-f, (.wait,'/ . A basic flow chart which illustrates the review process is available from the Planning Division upon request This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the prima , Community Development Code requirements applicable to the potential development of a particular site and to allow the City stafi and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEA;SEN E The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre - application conference(s) islare required if an application(s) islare to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: //1/ / ,9.(/o/ CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639 -4171 CITY OF TIGARD Pre - Application Conference Notes Page 7 of 7 Residential ApplicationiPlanning [tepanment Section • CITY OF TIGARD • 44 COMMUNITY DEVELOPMENT DEPARTMENT .�,, APPLICATION CHECKLIST '�-�- CITY OF TIOARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639 -4171. Staff: kt/ // D.Yi// 1 Date: Zr Z 9 !APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS A) Application form (1 copy) c B) Owner's signature/written authorization FY C) Title transfer instrument/or grant deed tom' D) Applicant's statement No. of Copies E) Filing Fee $ 366 `E 313 I SITE- SPECIFIC MAP(S) /PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS 1 A) Site Information showing: No. of Copies q 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0 -10% or 5 ft for grades > 10 %) 4. Drainage patterns, courses, and ponds ❑ 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" _ caliper measured 4 feet from ground level ❑ 8. Location of existing structures and their uses V 9. Location and type of on and off -site noise sources ❑ 10. Location of existing utilities and easements 11. Location of existing dedicated right -of -ways gar LAND USE APPLICATION LIST PAGE 1 OF i B) Site Development it Indicating: • No. of Copies C I 1. The proposed site and surrounding properties a 2. Contour line intervals mr 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties (b) Proposed streets or other public ways & easements on the site ¢� (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site m/ (b) Parking and circulation areas (c) Loading and services area ❑ (d) Pedestrian and bicycle circulation ❑ (e) Outdoor common areas ❑ (f) Above ground utilities 0 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site ❑ (b) Proposed structures, improvements, utilities and easements on the site 6. Storm drainage facilities and analysis of downstream conditions ❑ / 7. Sanitary sewer facilities ttf 8. The location areas to be landscaped ❑ 9. The location and type of outdoor lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11. The location of all structures and their orientation tam 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines re (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development ❑ 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals ❑ (c) That all problems will be mitigated and how they will be mitigated ❑ LAND USE APPLICATION / LIST PAGE 2 OF 5 • 0) Architectural Dra s Indicating: • No. of Copies . The site developme plan proposal shall include: 1. Floor plans indi ting the square footage of all structures proposed for use on -site 2. Typical elevation drawings of each structure E) Landscape Plan In icating: No. of Copies The landscape plan hall be drawn at the same scale of the site analysis plan or a lar er scale if necessary and shall indicate: 1. Description of th irrigation system where applicable ❑ 2. Location and hei ht of fences, buffers and screenings ❑ 3. Location of terrac s, decks, shelters, play areas, and common open spaces ❑ 4. Location, type, siz and species of existing and proposed plant materials ❑ 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used ❑ F) Sign Drawings ❑ Sign drawings s all be submitted in accordance with Chapter 18.1 of the Code as p rt of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generati i Estimate: ❑ H) Preliminary Partitio 1 /Lot Line Ad'ustment Ma. Indicatin•: No. of Copies 1. The owner of th- subject parcel ❑ 2. The owner's aut orized agent ❑ 3. The map scale (20,50,100 or 200 feet =1) inch north arrow and date ❑ 4. Description of par, el location and boundaries ❑ 5. Location, width an. names of streets, easements and other public ways within and adj.cent to the parcel ❑ 6. Location of all perm.nent buildings on and within 25 feet of all property lines ❑ 7. Location and width o all water courses ❑ 8. Location of any trees ', ithin 6" or greater caliper at 4 feet above ground level ❑ 9. All slopes greater than 5% ❑ 10. Location of existing utili 'es and utility easements ❑ 11. For major land partition hich creates a public street: (a) The proposed right -. -way location and width ❑ (b) A scaled cross - sectio of the proposed street plus any reserve strip ❑ 12. Any applicable deed restric ions ❑ 13. Evidence that land partition ill not preclude efficient future land division where applicable ❑ LAND USE APPLICATION / LIST PACE 3 OF 3 • I) Subdivision Preli i v Plat Map and Data Indicating: fro. of Copies 1. Scale equali : 30,50,100 or 200 feet to the inch and limited to one phase per sh- -t ❑ 2. The proposed ame of the subdivision ❑ 3. Vicinity map s owing property's relationship to arterial and collector streets ❑ 4. Names, address:s and telephone numbers of the owner, developer, engineer, survey: r and designer (as applicable) ❑ 5. Date of appl icati m n ❑ 6. Boundary lines o tract to be subdivided ❑ 7. Names of adjacen, subdivision or names of recorded owners of adjoining parcels o un- subdivided land ❑ 8. Contour lines relat -• to a City - established benchmark at 2 -foot intervals for 0 -10% grades grater than 10% ❑ 9. The purpose, locatio , type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and priv.te right -of -ways and easements ❑ (b) Public and priva a sanitary and storm sewer lines ❑ (c) Domestic water ains including fire hydrants ❑ (d) Major power tele•hone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbranc-. ❑ 10. Approximate plan and p ofiles of proposed sanitary and storm sewers with grades and pipe siz; s indicated on the plans ❑ 11. Plan of the proposed wat-r distribution system, showing pipe sizes and the location of valves an. fire hydrants ❑ 12: Approximate centerline p •files showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of pr.posed street right -of- way(s) ❑ 14. The location of all areas su eject to inundation or storm water overflow ❑ 15. Location, width & direction •f flow of all water courses & drainage -ways ❑ 16. The proposed lot configurati•ns, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicat:d upon such lots. ❑ 17. The location of all trees with . diameter 6 incHes or greater measured at 4 feet above ground level, an. the location of proposed tree plantings ❑ 18. The existing uses of the prope y, including the location of all structures and the present uses of the stru tures, and a statement of which structures are to remain after platting ❑ 19. Supplemental information inducing: (a) Proposed deed restrictions if any) ❑ (b) Proof of property ownershi• ❑ (c) A proposed plan for provisi.n of subdivision improvements ❑ 20. Existing natural features including ro4 k outcroppings, wetlands & marsh areas ❑ 21. If any of the foregoing informatio cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application ❑ LAND USE APPLICATION J UST PAGE 4 OF 5 • J) Solar Access Calcula 'ons: ❑ K) Other Information No. of Copies ❑ h:' Jogin\patty\masters \Itklist.mst Mav 23. 1995 LAND LSE APPLICATION J UST PAGE 5 OF 5 • • • W111111111 11111:11111111 . III 0 ♦mIP ti 11111 I... 1.,..IN co ST I Nimam U Qp 1S135D' 00 Q 1S135DA-02701 IP 6) NII co 1S135DA-042%3313A4) 3 I JJ iS135DA 043 1350A-02 021350'6428' 1S135' 11800 • C Q I Rs ‘T N J 1S135DA-0 D 5013.03 1S135DA -03501 1 35DD-036'71S1350A-03500 JJJJ 1S135DD.03 111 5DD-0 1 135D. e • 6 Om 1S135DA 03 513 w 1 1S 3513 135D' • ' 5 5 Q 1S135DA -03200 1 13500-0 : 4 1S1 I _ -3 ' �.I -- 46 35DD-0 bilk IP I 2 Illk 44 I-- CO o y w www� 0 ., , ,, v) LOMITA O , , • , , , , • I ■ 0 Ell Vicinity Map V RNIG Note: Map is not to scale CUP 96 -0003 N • • 'I J CITY OF TIGARD CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER p BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 96- 0003NARIANCE (VAR) 96 -0003 Case Name(s): VIRNIG DUPLEX EXPANSION Name of Owner: Sean Virnig Name of Applicant: Same Address of Applicant: 11405 SW Lomita Avenue City: Tigard State: Oregon Zip: 97223 Address of Property: 11405 and 11407 SW Lomita Avenue City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 1S1 35DA. Tax Lot 3000 Request: D The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. Zone: R -4.5 (Residential, 4.5 units per acre) The R -4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130, 18.134 and 18.164. Action: D ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies F2 The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:9 THE::DECISI.ON::SHALL'BE FINAL ON MAY 24, 1996UNLESS AN;APPEAL.IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. <:THE:DE ADLI N E>FOR!FILING<OF;AN APPEAL:;IS';3' 30;P M ;ON MAY:24 :::1996:' Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639 -4171. CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREOUEST FOR COMMENTS • • ��1imdia� � J CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 - 0003 > VIRNIG Q The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide tkefolrowing information) Name of Person(s) Commenting: I Phone Number(s): CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREOUEST FOR COMMENTS • IOQUEST FOR COMMEN'S NOTIFICATION LIST FOR LAND USE & DEVELOPMENT APPLICATIONS .. •:::.:.;:.; 0:.:::::.:.:.:..:.;:.: ::. ARK 1NVOL ::. >:.;:::::::.. (circle one) _ CIT Area: (W) (S) (E) (C) CO Placed for review in Library CIT Book ® ' I j LDG. DEPT. /David Scott, Wilding o POUCE DEPT. /Kelley Jennings, Cane Lion orca _ OPERATIONS /John Acker, Mow. sp.. _ CITY ADMIN. /Cathy Wheatley, cttyRom Diabetes 7/ENG. DEPT. /Brian Roger, oe elo mentReview _ COM.DEV. DEPT. /D.S.T.'S ADV. PLNG. /Nadine Smith, Donning Supervisor WATER DEPT. /Michael Miller. opetatbm Mpr./opaat om Mal t1av :..:.: CTS : < :::<:::::z::: :<:: >:<: ::::: >:: >> ` :.';::.:: : :. SPECIAL ....................:.......::::.::::::::.:.::....::::::.:....:...::::::::::::.:::.;.;;:.;:::. :<.:::: >:<;;;:;.::.:::.;:::.: >< :::.: � • NRE MARSHALL _ NIFIED SEWERAGE AGENCY — TUALATIN VALLEY WATER DIST. Gene Birchetl SWM Program /Lee Walker PO Box 745 Wa. County Fire District 155 N. First Street Beaverton, OR 97075 (pick -up box) Hillsboro, OR 97124 :.: A�!EC'!'DD MIIISDICYT. :: _ • WA. CO. DEPT. OF LAND USE & TRANSP. _ METRO AREA BOUNDARY COMMISSION METRO-GREENSPACES 150 N. First Avenue 800 NE Oregon St. #16, Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro, OR 97124 Portland. OR 97232 2109 600 NE Grand Avenue Portland, OR 97232 -2736 _ Brent Curtis (CPA's) _ STATE HIGHWAY DIVISION _ Jim Tice (IGA'S) Sam Hunaidi _ ODOT /REGION 1 _ Mike Samson (Engineer) PO Box 25412 Laurie Nicholson/Trans. Planning • _Scott King (CPA's) Portland. OR 97225-0412 123 N.W. Flanders _Tom Harry (Current Planning App's) Portland. OR 97209 -4037 _ Lynn Bailey (Current Planning App's) _ OREGON DLCD (CPA's/ZOA's) ''j — 1175 Court Street, N.E. _ ODOT/REGION 1. DISTRICT 2 -A CITY OF BEAVERTON Salem. OR 97310-0590 Bob Schmidt/Engineering Coord. Larry Conrad. Senior Planner 2131 SW Scholls/PO Box 25412 , PO Box 4755 _ CITY OF PORTLAND Portland, OR 97225 '' Beaverton, OR 97076 Planning Director 1120 SW 5th _ CITY OF LAKE OSWEGO _ CITY OF BEAVERTON Portland, OR 97204 City Manager Mike Matteucci. Neighborhood Coordinator PO Box 369 . ' PO Box 4755 _ CITY OF DURHAM Lake Oswego, OR 97034 Beaverton, OR 97076 City Manager PO Box 23483 _ CITY OF KING CITY _ CITY OF TUALATIN Tigard, OR 97281 -3483 City Manager PO Box 369 15300 SW 116th Tualatin, OR 97062 _ OTHER King City. OR 97224 :':.::.. ; : :.. .. :: : . ,.:... >..: .SPECIAL .::. :.. AGENCIES ►' GENERAL TELEPHONE ELECTRIC _ PORTLAND GENERAL ELECTRIC _ COLUMBIA CABLE CO. Elaine Self. Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigadoon Court Tigard, OR 97281-3416 Beaverton. OR 97007 Beaverton, OR 97005 ig/ r NATURAL GAS CO. matte (at•s«+ _ METRO AREA COMMUNICATIONS _ TRI -MET TRANSIT DEVELOPMENT Scott Palmer � (Smarm. 2.32 Jason Hewitt Kim Knox. Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland. OR 97209 -3991 1815 NW 169th Place 5-6020 Portland, OR 97232 Beaverton, OR 97006 -4886 4 •• _ TCI CABLEVISION OF OREGON _ US WEST COMMUNICATIONS _ SOUTHERN PACIFIC TRANS. CO. , Linda Peterson Pete Nelson Duane M. Forney, PLS- Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave.. Room 324 Portland. OR 97201 Portland, OR 97204 Union Station Portland, OR 97209 : , >::`: ::•::. :: FEDERAL AGENCIES • F: _ AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS _ US POSTAL SERVICE ` _ COMMERCE DEPT.-M.H. PARK _ FISH & WILDUFE Randy Hammock. Growth Cord. _ PUC _ DOGAMI Cedar Mill Station t DEPT. OF ENVIRONMENTAL QUALITY Portland. OR 97229 -9998 _OTHER _ U.S. ARMY CORPS. OF ENGINEERS • ' hAippY,\patMmpoppwuwlk.rtat i • • v III.. I • City of Tigard, 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 V Tigard Planning Commission Tigard Hearings Officer ❑ Tigard City Council e ❑ That I served NOTICE OF (AMENDED ❑) DECISION FOR: (Check boa above, M applicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (check box above, a applicable} (check appropriate box below) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: I A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A ", was ma2d to each named, person(s) at the address(s) shown on the atta a list(s), marked Exhibit "B ", on th9� d of /, 199 , and deposited in the ited States Mail on the - day of 199 postage prepaid. . • / 41111PROW L Pr= tared Notice / Subscribed and sworn /affirmed before me on the / day of 0 19S _�' OFFICIAL SEAL / :' �O}a'� a DIANE FI JELDERKS ®~ r' � NOTARY PUBLIC - OREGON C)4u7}t d i COMMISSION NO. 046142 JMY COMMISSION EXPIRES SEPTEMBER 07, 1999 NOTARY PUBLI FOR 0-3 7 My Commission pires: 97 IiFILE INFO.: NAME(S): 1/' /F -/ ' /�( C/ lip E / Mks /Di V CASE NO.(S): /}//B / � 06 TYPE OF NOTIICEE & DATE: • • EXHIBIT A JL 1- I CITY OF TIGARD PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, MAY 13. 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 96 -0003 FILE TITLE: VIRNIG DUPLEX EXPANSION APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 REQUEST > The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90- foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.50, 18.130 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 96 -0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS � . • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT ' PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER APRIL 22, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25') PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. a i I I 1r- J l -LL! ii i - \ • ` N • • _ > > > N i ;; ;; ice — i i I/ ' rcH . I , " I • ! / 1 1 1 CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREQUEST FOR COMMENTS Caro 96 -03 ( 112) 110 EXHIBIT 3 , 1S135DD -03604 1S135DD -03615 BERGER, CLIFFORD W & CYNTHIA A BOUSE, LINDA C 11455 SW LOMITA AVENUE BOUSE, JOHN R • TIGARD,OR 97223 11470 SW LOMITA TIGARD,OR 97223 1S135DD -03618 1S1350A -01400 BRADFORD, GARY TR BRAHMA PREMANANDA ASHRAM 305 E FIFTH 11515 SW HALL BLVD THE DALLES,OR 97058 TIGARD,OR 97223 1S135DA -02700 1S135DA -02701 BROYLES, KENNETH BROYLES, M KENNETH JENNIE A JENNIE A 1126 90TH 11260 SW 90TH GARD,OR 97223 TIGARD,OR 97223 1S135DD -03603 1S135DA -03200 COSHOW, ELIZABETH I DOLL, THOMAS C AND DORIS M 11425 SW LOMITA AVE 11500 SW 90TH TIGARD,OR 97223 TIGARD,OR 97223 1S135DA -02802 1S13500-03605 FREEDMAN, STEPHEN H & HARTUNG, GORDON A AND ARCHER, CANDACE CHERYLA 11300 SW 90TH AVE 11485 SW LOMITA TIGARD,OR 97223 TIGARD,OR 97223 1S135DA -02803 1S13500-03614 HAYNES, JAMES W & VIRGINIA E HOCKETT, GLEN A MARTHA M 11290 SW 90TH AVE 11500 SW LOMITA AVE TIGARD,OR 97223 TIGARD,OR 97223 1S135DA -02900 1S13500-03617 JUNG, MARTIN MARIA KLOCK, CHESTER E MAE 11400 SW 90TH 11410 SW LOMITA AVE TIGARD,OR 97223 TIGARD,OR 97223 1S135DA -02801 1S135DD -03616 MCTAGGART, BRENT MURRAY, RICHARD D PO BOX 231207 LOWANA TIGARD,OR 97281 11440 SW LOMITA TIGARD,OR 97223 1S135DA -01800 1S135DA -03501 NEDELISKY, MICHAEL J NEDELISKY, MICH 25 82ND DR 25 82ND D GLADSTONE,OR 97027 ONE,OR 97027 1S135DA -03500 1S135DA -04300 NEDELISKY, MI J SMITH, SHARON LOU 25 82N 11330 SW 90TH DSTONE,OR 97027 TIGARD,OR 97223 Cue 96 03 Cz/2) 1• 1S 1S135DA -03100 1S135DA -04200 SNYDER, WILLIAM T & STEPHANIE TENLY PROPERTIES CORP 11480 SW 90TH PO BOX 927 • TIGARD,OR 97223 HILLSBORO,OR' 97123 1S135DD -03606 1S135DA -03000 THOMAS, DORENE L VIRNIG, SEAN & JUSTINE 13620 SW CRESSMER DR ARVIDSON, OVE S & DENISE L TIGARD,OR 97223 11405 SW LOMITA AVE TIGARD,OR 97223 1 S135DD -03602 WORSECH, HAROLD A SANDRA K 11450 SW 90TH TIGARD,OR 97223 • CITY OF TIGARD :HEARING'S OFFICER • MAY 13, 1996 -.7:00 P.M. TOWN HALL • TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 _ 11) c4nyone wishing to on speak An Agenda item should ::sign on the appropriate sign -in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call (503) 639- 4171, Ext. 320 (voice) or (503) 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and • ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. • (OVER FOR MEETING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE I OF 2 3/25/96 PUBLIC HEARING h: \patty \masters \aeendho.mst • • _six .' City of Tigard, Oregon CITY OF TIGARD HEARINGS OFFICER MAY 13, 1996 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 > VIRNIG DUPLEX < CONDITIONAL USE PERMIT (CUP) 96 - 0003 The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91- 0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R -4.5 (Residential, 4.5 units per acre). The R -4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 3/25/96 PUBLIC HEARING h: \patty\masters\agendho.mst • • mu • Agenda Item: 2.1 Hearing Date: 5 -13 -96 Time: 7:00 STAFF REPORT TO THE A 'A HEARINGS OFFICER ai! CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON SECTION I: APPLICATION SUMMARY CASES: FILE NAME: VIRNIG DUPLEX EXPANSION Conditional Use Permit CUP 96 -0003 Variance VAR 96 -0003 PROPOSAL: The applicant has requested: 1. Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2. Variance approval to allow an 86 -foot lot width, whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density ZONING DESIGNATION: R -4.5 (Residential 4.5 Units, Per Acre). LOCATION: 11405, 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.106, 18.108, 18.130, and 18.134. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 1 • • SECTION II: STAFF RECOMMENDATION: Staff_ recommends .: that._thee..Hearings Officer find ..that the proposed . Conditional UseNariance will not adversely affect the health, safety welfare of the City. _Therefore, staff recommends APPROVAL, subject to the following: recommended conditions of approval:. y' CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building department. SECTION III: BACKGROUND INFORMATION Site History: The site was annexed into the City of Tigard on August 19, 1971. The existing structure had been previously designed as two living units and carried two addresses according to City records. There are no records in the building department files pertaining to the original duplex conversion or aesthetic upgrades. The property received Conditional - UseNariance approval (CUP 91- 0008NAR 91 -0014) to allow the existing structure to be used as a duplex on a lot containing slightly Tess than 10,000 square feet. No other development applications have been found to have been filed with the City. Vicinity Information: The subject site is surrounded on all sides by properties zoned R -4.5 (Residential, 4.5 units per acre). This residential area is substantially developed by single - family homes and duplexes. There are nine other duplexes (18 residences) located on SW Lomita Street between the subject site and the 90 degree westerly bend in SW Lomita Street. Site Information and Proposal Description: The site is approximately 9,902 square feet in size and is developed with a single -story duplex and carport. A relatively large paved area is located on site in front of the residence and carport. The property is landscaped with lawn and a variety of shrubs. A' number of mature deciduous and evergreen trees are present on the property. The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width, whereas, the code requires a 90 -foot lot width for a duplex in the R -4.5 zone. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 2 • • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to remove one half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval. This use is classified in Code Section 18.42 (Use Classifications) as a Duplex. Code Section 18.50.040 states that a Duplex is a Conditional Use in the R -4.5 zone. Dimensional Requirements: Section 18.50.050 states that the minimum lot area for each duplex unit in the R-4.5 zoning district is 10,000 square feet. The average minimum lot width requirement in the R -4.5 zone is 90 feet. In 1991, a Conditional Use and Variance was granted on the property to allow a duplex on the 9,902 square foot property, whereas, the code required a minimum 10,000 square foot lot size. The applicant is requesting a variance to allow a lot width of approximately 86 feet, whereas, the code requires a 90 foot lot width for a duplex lot. This request is addressed in the variance section below. Setbacks: Section 18.62.050 states that for single - family dwellings the setbacks are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; garage - 20 feet. The maximum building height is 30 feet. Setbacks for the proposed expansion will be reviewed during the building permit review process. However, the proposed plan indicates that the expansion can comply with applicable setbacks. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide adequate area for the needs of the proposed use. The site size and dimensions accommodate the proposed expansion. The applicant can satisfy all applicable setbacks and provide the required number of parking spaces. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The characteristics of the site are suitable for the proposed expansion because it is large enough to accommodate the expansion and does not contain significant physical hazards or natural features that would be adversely affected by the expansion. 3. All required public facilities have adequate capacity to serve the proposal. Public sewer and water are available to the site and have capacity to serve the site. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable provisions of the R -4.5 zone is fulfilled as noted above. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 3 • • 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Neither of these sections are applicable. 6. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Duplexes: Section 18.130.150(C)(15) states that a duplex must meet the following additional dimensional requirements: 1. Lot size: 10,000 square feet. The property has previously received conditional use and variance approval to allow a duplex on this 9,902 square foot site. 2. Solar access requirements, Chapter 18.88. This section is not applicable as the proposal does not create an additional parcel. 3. The remaining dimensional requirements of the underlying zoning district. As indicated on the site plan, and as discussed previously, this section is satisfied. Variance: Section 18.134.050 contains the following general approval criteria for a Variance: 1. 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 other properties in the same zoning district or vicinity. The variance will not be in conflict with other City standards. The proposal will comply with all other City standards. The variance is only for a four -foot width of the existing parcel. The deviation from the code is minimal, and in effect, materially negligible. Further, it appears that the other duplex Tots on SW Lomita only provide 70 -foot lot widths, therefore, the subject site is providing a lot width which is in excess of its neighbors. 2. There are special circumstances that exist which are peculiar to the lot size or 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 special circumstances which exist are the fact that: 1.) This is an existing site; 2.) For an undetermined period of time it possessed two addresses /living units; and 3) The property has received previous Conditional UseNariance approval to allow a duplex and a lot size which is slightly less than the minimum lot size required for a duplex. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 4 • • 3. 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 duplex is allowed in the R -4.5 zone if approved through the Conditional Use process. It appears that the lot width requirement was simply overlooked during the previous conditional use approval. All other City standards will be maintained to the greatest extent possible, while permitting some economic use of the land. 4. 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 in this title. Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested as the property currently contains a duplex unit. The impact of this variance will be limited to a four -foot reduction in the required lot width. 5. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The lot size exists due to previous platting and is not due to any action taken by or made on behalf of the present owners. The applicant is requesting a variance only for a four -foot section of the lot width which does not meet the code standard. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. This section is satisfied because a new intersection requiring vision clearance will not be created by the proposed expansion. Minimum Off- Street Parking: Section 18.106.030.A.1 requires a minimum of two (2) parking space for each dwelling unit. As indicated on the site plan, four (4) parking spaces have been provided, thereby, satisfying this criteria. Access: Section 18.108.070(A) requires that single - family residential uses provide one driveway with a minimum access width of 15 feet, with 10 feet of pavement. This section is satisfied as the applicant is not proposing changes to the existing approved driveway. STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 5 • • COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on March 28, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. SECTION V: STAFF AND AGENCY COMMENTS Tualatin Valley Water District has reviewed this proposal and has offered the following comments: Developer to contact TVWD regarding water service - provide fixture unit data for remodeled duplex and new structure. Possibly may need larger meter (existing meter is located on SW 90th). May be desirable to relocate meter to SW Lomita Avenue adjacent to property. The City of Tigard Building Division, City of Tigard Engineering Department, Unified Sewerage Agency, GTE have reviewed this application and have offered no comments or objections. May 1, 1996 PREPARED BY: William D'Andrea sistant Planner. DATE APPROVED BY: Richard Bew r`' 'dorff May 1. 1996 Manager DATE is \curpin \will \cup96- 03.dec STAFF REPORT CUP 96 -0003 / VAR 96 -0003 - VIRNIG Page 6 0 N41111111111111111111111111 IIII , , . 1 1111,47171111 111111. i C 1,11 Ihil■ ....11 .A.• i T , CO a N In 3 . . :. . ilrA RIFC11 •-.. 74 E <_ MI " 'CIE L-L> > > I - n I Nb, 1 R I 1 w . ; ..... . L. - IILA co Ecl w 0) ii 01 LOMITA 0 0 1 ZN tIIII ill 4 • Nol■ I . 0 liEllin* *S III -4 Vicinity Map A VIRNIG CUP 96-0003 Note: Map Is not to scale N • • 0 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CUP 91 -0008 2. Name of Owner: Ove & Denise Arvidson Name of Applicant: Sean & Justine Virniq 3. Address 11405 SW Lomita Avenue City Tigard State OR Zip 97223 4. Address of Property: 11405 & 11407 SW Lomita Avenue Tax Map and Lot No(s).: 1S1 35DA, tax lot 3000 5. Request: A request for Conditional Use approval for a Major Modification to reconvert a single family home to a duplex. ZONE: R -4.5 (Residential, 4.5 units /acre) 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning • Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON September 18, 1991 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. September 18, 1991 10. Ouestions: If you have any questions, please call the City of Tigard Planning Department, 639 -4171. bkm /CUP91- 08.BKM • 41) RECEIVED PLANNING SEP 0 5 19911 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding a request by Sean & Justine Virnig ) FINAL ORDER . for a conditional use permit and variance for a ) CUP 91 -0008 duplex in the R-4.5 zone at 11405 & 11407 SW ) VAR 91 -0014 Lomita Avenue in Tigard, Oregon ) (Virnig) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4i zone on a lot containing slightly less than 10,000 square feet. The applicant proposes to use the existing structure as a duplex. The structure already contains two small, separable dwelling units. The applicant will renovate the structure, but does not plan significant structural changes. The property may have been used as a duplex when the City was incorporated, and, thus, could qualify as a nonconforming use. However, the nonconforming use could not be proved, because of lack of documentation of the use of the property as a duplex at and since 1961 and lack of any public permit or record of such use. Therefore, the possible past use of the property is not relevant to the conditional use permit or variance. At the hearing in this matter on August 26, City staff recommended conditional approval. The applicant accepted the recommended conditions with certain modifications. Two witnesses testified in person with concerns about the proliferation of duplexes in the area. Two other witnesses testified in writing in favor of the applications. LOCATION: 11405 and 11407 SW Lomita Avenue; WCTM 1S1 35DA, tax lot 3000 APPLICANT: Sean and Justine Virnig PROPERTY OWNER: Ove and Denise Arvidson and Sean and Justine Virnig APPLICABLE LAW: Community Development Code Chapters 18.50.040, 18.50.050, 18.106.030, 18.108.060 - .070, 18.130.040, 18.130.150, and 18.134.050 and Comprehensive Plan Policy 2.1.1. STAFF RECOMMENDATION: Conditionally approve EXAMINER'S DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 87 feet (east -west) by 114 feet (north - south) and contains 9902 square feet, based on the planimeter measurements by City staff. B. Site location : The site is situated north of the cul de sac at the north end of Lomita Avenue. Page 1 - Hearings Dicer decision CUP 91 -0008 & VAR 91 -0014 (Virnig) • C. Existing uses and structures : • The site was included in the original incorporated limits of the City in 1961. There is an existing one -story dwelling on the site. The dwelling was built in the early 1960's. The record is not conclusive about what the structure was used for historically, although there is anecdotal evidence that it was used as two dwelling units or as a dwelling unit and a beauty parlor in the past. The record is conclusive that, when built or when modified at some point in the 1960's and/or 70's, the structure now contains two separable living units, each with its own kitchen, bathroom(s), bedrooms, and access. There is access between the two units through a door in a common wall, but that access can be restricted. The structure is roughly centered in the middle of the rectangular parcel. South of the structure is a paved area and detached carport and storage building. There is space within the carport for two vehicles. There is space on the pavement for storage of more than 2 additional vehicles. D. Proposed uses and structures : The applicant proposes to use the structure as a duplex after making appropriate renovations as necessary. No significant structural changes or enlargement is planned. E. Existing and proposed vegetation : The site contains large, mature conifer and deciduous trees and shrubs. No changes to landscaping is proposed if the applications are approved. F. Topography and drainage : The site slopes gently to the south. Storm water is directed to existing storm water features in Lomita Avenue. Drainage will not change if the applications are approved G. Plan designation and zoning : The site is designated and zoned R -4.5 (Residential, 4.5 units per acre). H. Public services and utilities : The site is served by existing sanitary sewer and water line. No change in utilities is expected if the applications are granted. The structure already has separate electric meters for each dwelling units. 1. Streets and access : The site has direct vehicular access to SW Lomita Avenue, a cul de sac street that extends roughly 800 feet east and north of SW 90th Avenue. The street is improved to City standards except for sidewalks J. Surrounding land uses : Land surrounding the subject site is used for one -story single family detached dwellings. However, there are 9 one -story duplex structures (18 dwelling units) abutting Lomita Avenue between the site and the 90° turn in that street, and there are apartments south of the 90° turn. The duplex structures begin about 300 feet south of the subject property. Page 2 - Hearings Officer decision CUP 91 -0008 & VAR 91 -0014 (Virnig) • • • HL APPLICABLE APPROVAL STANDARDS A. Title 18 (Zoning). 1. Section 18.50.040 lists Duplex as a conditional use in the R-4.5 zoning district. 2. Chapter 18.50 contains the following dimensional standards for the R-4.5 zone: Minimum lot size 7500 sq. ft. Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback 15 feet/20 feet fora garage Rear setback 15 feet Maximum building height. 30 feet 3. Section 18.130.140 contains the following standards for a conditional use: a. The site size and dimensions provide: (1) Adequate area for the needs of the proposed use; and (2) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. c. All required public facilities have adequate capacity to serve the proposal. d. The applicable requirements of the zoning district are met except as modified by this chapter. e. The supplementary standards set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Site Development Review), if applicable, are met. f. The use will comply with the applicable policies of the Comprehensive Plan. 4. Section 18.130.150(C)(10) provides that dimensional requirements for a duplex are the same as for other structures in the underlying zone, provided the minimum lot size is 10,000 square feet. 5. Section 18.106.030(A) requires two parking spaces for each unit in a duplex, and one of those spaces must be covered. 6. Section 18.108.060 and .070 require a minimum 20 -foot wide driveway to serve a duplex and require the driveway to be designed to allow traffic to enter the road in a forward direction. 7. Section 18.134.050 provides that a variance to the Code development standards may be approved if: Page 3 - Hearings Officer decision CUP 91 -0008 & VAR 91 -0014 (Virnig) a. The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies of the Community Development Code, to any other applicable • policies or standards, and to other properties in the same zoning district or vicinity. • b, There are special circumstances that exist which are peculiar to the lot size or 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; c. The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent possible, while permitting some economic use of the land; d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic landforms or parks will not be adversely affected anymore than would occur if the development were located as specified in the Code; and e.. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. B. Applicable Comprehensive Plan Policies. Policy 2.1.1 requires that adjoining property owners, the local NPO and the general public be notified of and provided an opportunity to comment on the proposed change in use. IV. HEARING AND TESTIMONY A. Hearing. The Hearings Officer received testimony at the public hearing about this application on August 26, 1991. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Testimony. 1. Jerry Offer testified for the County and summarized the staff report He discussed the issue of the nonconforming use of the property, the lack of City records of its conversion to a duplex, and the date of incorporation of the property into the City. 2. Ove and Denise Arvidson spoke on their own behalf and Linda Walls testified in support of their application. Mr. Arvidson argued against a recommended condition requiring a building permit, because a building permit may not be needed to allow occupancy of the second dwelling unit; it is substantially complete and ready to occupy. Mr. Offer agreed, and suggested revised wording for the condition. He also argued against payment of the systems development fees, arguing they are costly, and the property has been used a duplex in the past Mr. Offer disagreed, because the property never was acknowledged officially as a duplex site; therefore, any fees that might have been owed for such use were not requested or paid. Mr. Arvidson also introduced photographs of the site and a letter from the homebuilder who built the existing dwelling there. Page 4 - Hearings Officer decision • CUP 91 -0008 & VAR 91 -0014 (Virnig) • 1111 • 3. Richard Murray and Martha Hockett testified against the conditional use permit, principally because they are concerned approval of a duplex on this property would be a precedent that would dictate approval of duplexes on the whole block. • C. Agency Comments. • The Building Department could find no record that the property was used as a duplex or that any fees were paid for the additional dwelling unit; therefore, fees should be paid now. The Building Department also noted a building permit is required for the conversion of a single family dwelling into a duplex dwelling, and the permit in this case must comply with the existing Building Code. The Department also noted that Washington County must issue permits for any electrical work necessary for the conversion. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Zoning). 1. The proposed use complies with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R-4.5 zone, and the lot and structure comply with the dimensional requirements of the zone except as noted below. • 2. The proposed use complies with Chapter 18.102, because a new intersection requiring visual clearance will not be created by the proposed conditional use. 4. The proposed use complies with Chapter 18.106, because the applicant will provide 4 parking spaces on the site, two of which are under cover, based on the photographs submitted by the applicant. 5. The proposed use will comply with Chapter 18.108, because the drive to Lomita Avenue is at least 20 feet wide and vehicles can enter the street in a forward direction, based on the photographs submitted by the applicant. 6. The proposed use complies with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving existing mature vegetation and minimizing the need to buffer the use by preserving • an existing structure that is aesthetically compatible with adjoining residential uses. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated at the end of a block, it preserves an existing structure that minimizes the impact of building height, and does not contains significant physical hazards or natural features that would be adversely affected by development. However, if the unit is enlarged or replaced, impacts could be greater. Such expansion should not be permitted without an additional conditional use review to ensure potential effects of such development are identified and mitigated or are prohibited c. Public sewer and water are available to the site and have capacity to serve the site. d. The applicable provisions of the R -4.5 zone is fulfilled as noted above. Page 5 - Hearings Officer decision CUP 91 -0008 & VAR 91 -0014 (Virnig) e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front yard exceeds 25 feet. g: The rear and side yards exceed 20 feet. h. Building height does not exceed 30 feet; therefore the building complies with Section 18.50.050(A)(4), too. 7. The site contains 9902 square feet, which is about 1% less than the 10,000 square foot minimum lot size required by Chapter 18.130. A variance to that section is warranted, based on the following findings: a. The variance is not materially detrimental, because it is so small as to be imperceptible to residents of the site and surrounding properties. It is consistent with the purposes of Chapter 18.02.010 to preserve existing housing stock, to promote more efficient use of existing infrastructure by increasing permitted density, and to provide for conditional uses through public processes like the one used in this case. b. Special circumstances apply to the site, because it is improved with a structure that is readily adaptable for use as a duplex without making material changes that could detract from its aesthetic character or appearance to the neighborhood. This is not common in areas with single family detached dwellings. c. The proposed use is permitted in the zone if approved as a conditional use. Other than lot size, the use complies with all other City standards. Therefore the variance maintains existing City standards to the maximum extent possible while allowing for a reasonable economic use of the property as a duplex. d. The impact of the additional dwelling unit on physical and natural systems is negligible, because of the small size of the unit and the structure in question. e. The hardship in this case is not self - created, because the applicant did not create the dwelling, and the variance is the minimum necessary to enable use of the existing structure as a duplex. B. Compliance with applicable Comprehensive Plan Policies. The proposed use complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed use. Page 6 - Hearings Officer decision CUP 91 -0008 & VAR 91 -0014 (Virnig) • • VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed use will not be significantly detrimental nor injurious to surrounding uses, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the Summary and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 91 -0008 and VAR 91 -0014 (Virnig), subject to the following conditions: CONDITIONS 1 THROUGH 3 SHALL BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT OR, IF THE BUILDING OFFICIAL DETERMINES A BUILDING PERMIT IS NOT REQUIRED, THEN BEFORE OCCUPANCY OF THE STRUCTURE AS A DUPLEX. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE BRAD ROAST, BUILDING DIVISION. 1. The applicant shall pay all unpaid development fees for the creation of a duplex from a single family detached dwelling. 2. The applicant shall submit plans to the Building Division showing the proposed alterations to the building or, if no alterations are planned, then the applicant shall submit plans deemed necessary by the Building Official showing the building complies with applicable requirements of the Uniform Building Code. 3. The applicant shall obtain permits and approval for any electrical installations from Washington County. 4. The applicant shall not expand the habitable floor area of the structure by more than 10 percent of its existing habitable floor area and shall not increase the height of the structure with an additional habitable floor unless the applicant first applies for and receives approval of a modification to this conditional use permit. THIS APPROVAL IS VALID ONLY IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION OR EXTENDED PURSUANT TO CITY CODE. D • D fr d,» s 3rd day of" - mber, 1991. L. 6 (st: earings Officer Page 7 - Hearings Officer decision CUP 91 -0008 & VAR 91 -0014 (Virnig) , 1 ,,,..,-,...- d* 1_. • ,. ..--' 1 6 i . I I 1 1. i _.................L. ______ ___.. __ t . 1 L_ 1 • 1 .. ____ _ I _ _._ _ _ ._ • ! . I , L . ... . . . • _ .... ._ . ___ _ ___ ...... . . .. . ._ I 1 I ! : , I . . . .. . . . . _ . . 1 I 1 --- 1 —,,,t '_: -",--,'": • I I r I .1_ __I _ 1 _ •.,.. __, : _ _ 1 _ • -- - - . ... _ . I I t I _ - • • -1 _ it : . . I :- I I . s ), - 6‘ I I k L ..., 1 I . os<-11 1 • : 1 - • - - • - - l 1 __ . ... . .1 ,•■ i I 1 • - .4 ... . _ 1 ,I 1 - -- -- I • I - 4 • . . . . . • I I - I — - --II • _ • . I . • 1 N . I I , I i , ' I i I 2-k. • ,.-.. 1 I . I I - ". i . 1 i L • 1 . 1 1 -- I - - : I , . _. I - '•-•Y. ..!-. 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TIGARD, OREGON 97223 A. FACTS 1. General Information • CASE: CONDITIONAL USE CUP 91 -0008, VARIANCE VAR 91 -0014 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R -4.5 (Residential, 4.5 units per acre) LOCATION: 11405, 11407 SW Lomita Avenue (WCTM 1S1 35DA, tax lot 3000) OWNER: Ove and Denise Arvidson 15215 SW 79th Avenue Tigard, OR 97224 APPLICANT: Sean and Justine Virnig 11405 SW Lomita Tigard, OR 97223 APPLICABLE LAW: Community Development Code Chapters 18.50.040, 18.050.040(6), 18.50.050(A)(4), 18.106.030(A), 18.108.060(B)(1), 18.108.070, 18.130.040, 18.130.150(C)(10), 18.134.050, and Comprehensive Plan Policy 2.1.1. STAFF RECOMMENDATION: The Planning Director's designee for the City of Tigard recommends APPROVAL of CUP 91 -0008 and VAR 91 -0014 SUBJECT TO CONDITIONS. THE FOLLOWING CONDITIONS SHOULD BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE BRAD ROAST, BUILDING DIVISION: 1. The applicant shall pay all unpaid development fees for the creation of one additional residential unit. 2. Plans shall be submitted to the Building Division showing the proposed alterations to the building. The building shall be required to comply with the present edition of the Uniform Building Code. 3. The applicant shall obtain permits and approval for the electrical installations from Washington County. STAFF REPORT CUP 91 -08 VIRNIG \ARVIDSON Page 1 • • �' , THE FOLLOWING CONDITIONS SHOULD BE MET PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE RON POMEROY, Planning Department. 1. The applicant shall provide two parking spaces for each dwelling unit, with one space for each dwelling unit being a covered parking space. B. FINDINGS OF FACT 1. Background Information This site was annexed into the City of Tigard on August 19, 1971. • The dwelling had been used for an unknown period of time by the • sellers as a single family unit. This dwelling was purchased in • March of 1991 by the current owners. The unit had been previously designed as two living units and carries two addresses according the • City records. The previous owners had provided a connecting doorway between the two units. The present owners have since closed off the • two units from each other by sealing a wall opening and thereby • converting the single family residence back into two units. Since that time, the rental side of the duplex has been improved -to its' current finished state. There are no records in the building department files pertaining to the original duplex conversion or the recent aesthetic upgrades. There have been no other land use applications considered on this site. 2. Vicinity Information The subject site is surrounded on all sides by properties zoned R -4.5 (Residential, 4.5 units per acre). This residential area is substantially developed by single family homes and duplexes. There are nine other duplexes (18 residences) located on SW Lomita Street . between the subject site and the 90 degree westerly bend in SW Lomita Street. 3. Site Information and Proposal Description This site is approximately .22 acres in size and is developed with a single -story duplex and one carport. A relatively large paved area is located on site in front of the residence and carport. The property is landscaped with lawn and a variety of shrubs. A number of mature deciduous and evergreen trees are present on the property. The applicant requests the approval of a Conditional Use to allow a duplex in a single - family residential zone. There is no additional expansion of use proposed on this site. . 4. Agency and NPO comments The City of .Tigard Building Department has reviewed this proposal and has offered the following comments: STAFF REPORT CUP 91 -08 VIRNIG \ARVIDSON Page 2 • • • 1. There is no record that the property has paid any additional development fees (i.e., Sewer, park, street, storm, etc...) for the one additional unit. It would be appropriate that these fees be paid at this time. 2. A building permit will be required for the conversion. Plans shall be submitted to the Building Division showing the proposed alterations to the building. The building will be subject to the present edition of the building cod and will be required to be brought into compliance. • 3. The applicant shall obtain permits and approval for the electrical installations from Washington County. The City of Tigard Engineering Department and Tualatin Valley Fire District #1 have reviewed this proposal and have offered no objection to it. No other comments have been received. C. FINDINGS AND CONCLUSIONS Section 18.50.040 of the Code lists duplex as a Conditional Use in the R- 4.5 zoning district. This proposal is determined to be a Conditional Use as listed. in Section 18.50.040 (6). Section 18.130.040 of the Code contains the following applicable general approval criteria for a Conditional Use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3. All required public facilities have adequate capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this chapter. 5. The use will comply with the applicable policies of the Comprehensive Plan. • The conversion of a single family residential structure in an R -4.5 zone for use as a duplex requires Conditional Use approval. This use is STAFF REPORT CUP 91 -08 VIRNIG \ARVIDSON Page 3 • • ^ consistent with the above criteria. The site provides adequate area for use of the residence as a duplex with the required number of parking spaces. There are no apparent physical obstacles to this use on the site. Adequate public utilities are present and currently serve the existing duplex Setbacks, lot coverage, and building height requirements of the R -4.5 zone are satisfied by the existing structure and will not be affected by this proposed use. Section 18.130.150(C)(10) contains the following applicable Conditional Use criteria for duplexes: a. Lot Size: Minimum lot size shall be 10,000 square feet; b. The remaining dimensional requirements of the underlying zoning district shall apply. The subject lot is approximately 9,902 square feet in size and is therefore approximately 98 square feet smaller than the 10,000 square feet required for the siting of duplex within this zoning designation. This discrepancy was not discovered until the staff recommendation was being developed and was not detected as part of the pre - application conference. Staff has therefore packaged the applicants' request with a recommendation for approval of a variance to the minimum lot size. Code Section 18.134.050 contains the criteria for allowance of a variance to a Code standard. These criteria are: (1) The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies of the Community Development Code, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. (2) There are special circumstances that exist which are peculiar to the lot size or 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; (3) The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent possible, while permitting some economic use of the land. (4) Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected anymore than would occur if the development were located as specified in the Code; and (5) The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. STAFF REPORT CUP 91 -08 VIRNIG \ARVIDSON Page 4 • - • This application satisfies the above criteria as follows: (1) The property is within approximately 98 square feet of the 10,000 square foot code requirement. There are 9 other duplexes (18 dwelling units) within the same block of SW Lomita Street. The deviation from the code is so small as to materially negligible. (2) Special circumstances exist in that the existing unit has, for an undetermined amount of time /years, had two addresses and two living units. The applicants purchased the property assuming they owned a duplex. (3) A duplex is allowed in the R -4.5 zone if approved through the conditional use process. (4) The impact of one additional one bedroom unit in this neighborhood will be negligible. (5) The lot size exists due to previous platting and is not due to any action taken by or made on behalf of the present owners. The applicants are requesting a variance only for that 98 square foot area that does not meet the code standard. The setbacks on this site comply with or exceed the minimum required setbacks for the R -4.5 zone as listed below: 20 foot front yard setback 5 foot side yard setback . 15 foot rear yard setback 20 feet between the property line and the front of the garage Section 18.50.50 (A)(4) states that the maximum building height in an R -4.5 zone shall not exceed 30 feet in height. The existing structure is a one story building and does not exceed this height restriction. Section 18.106.030(A) (Parking) requires that two parking spaces be provided for each dwelling unit, one of which shall be covered. Additionally, Section 18.106.020 (General Provisions) states that the minimum dimension of a standard parking stall shall be nine feet wide and 18 feet long. Therefore the applicant should provide verification to the Planning Department that adequate parking is provided for on this site. Section 18.108.070 (Access and Circulation - Residential Use) requires that if only one driveway serves the duplex then there shall be a minimum of 20 feet of pavement width within an 25 foot minimum access width. Additionally, Section 18.108.060(B)(1) states that in no case shall the design of a service drive require backward movement or other maneuvering of a vehicle within a street. The applicant should provide verification that adequate access and egress and safe access- egress is present on site. The proposed major modification complies with applicable Comprehensive Plan Policies as follows: STAFF REPORT CUP 91 -08 VIRNIG \ARVIDSON Page 5 . . • • .... , 1. Policy 2.1.1 is satisfied. because NPO #3 has been informed of the proposal and has been given an opportunity to comment on the proposal. In addition, notice of the public hearing and the opportunity to comment on the proposal has been sent to nearby . property owners. . The Planning Division recommends that the Hearings Officer APPROVE Conditional Use Permit CUP 91 -0008 and Variance VAR 91 -0014 with conditions based upon the foregoing findings. • • Prepared by: g - /S - ( 1( • Ron Pomeroy Date • Assistant Planner I: iiiia Approved by: t / co �� — 9y "gill/ Dick Bewers•.•ff Date Senior Plan er • cup91- 08.dec • STAFF REPORT CUP 91 -08 VIRNIG \ARVIDSON Page 6 MI . -" � � —■ The Ci t NII z ; TI H I1 TIGARD 1 ,Ins• NI 1 �� f=�� I a C UP 91 -0008 ■ 111 iin1111 N all NE U ■ Ii I 111 • miff E �� l Sife Area IIII . . . ili■■ madi 711 • ■■ in 1 1 1' t Q ! �` 4 0 ,41111.1 s ,, .;. PI P .� , wii N A 11111.1 111. / 0•/ r•/ • 1111•• 11x/1111 11 111 0111 r 7 11 ia +IIIIII 0111 111. 1111ra•1111 •51 1•- .11/ • �� OIS II 111.1• •n' � a11i1• IIr111 111► 1- • . �� � .' ..!. i:.:�l•! a. 61 11111111 I. 11 iC32\ .111 Ii11 11 /i1i1111 i t(l) 111/1111 •11/Ir ,�/ , �� N 0 x T B 1 i•IIr /11111i11 1.11 � , � 11 1111111111 11 e- ■E ,. : ?;`�w:_ %Yt,::::!'� 111 Ci11 1i 1I1•r1 ' MI 1111 ■■ r �.- .. . alli 1 101 (11 /1! /11) CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, MAY 13, 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 96 -0003 FILE TITLE: VIRNIG DUPLEX EXPANSION APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 REQUEST > The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90- foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.50, 18.130 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 96 -0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS • , ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER APRIL 22, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. . V I I li i i \ �, 1 �^ • \ N ! ;, i i l ' "SLIELEC'�a i \ I ai PARCEL- - - »> :�'� -- ; i I i - ' l i - \ TT ; I -- I 1 . ate — 1 CUP 96 -0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS • • RECEIVED PIANNI . APR � �,ry�p��ll1, CITY OF TI © ARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Brian Rager. Development Review Engineer FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 -0003 > VIRNIG Q The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the fodowing information) Name of Person(s) Commenting: �� 424.c(, I Phone Number(s): )(Se. CUP 96 -0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS • ROWED PLANNING . APR17199 • CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10, 1996 4 !.1" _ TO: Tualatin Valley Water District Administrative Offices FROM: City of Tigard Planning Department STAFF CONTA �T � Wlliam D'Andrea (x31 ) Phone: (503) 63 -4171 Fax: (503) 684 -729 ' RE: � � CONDITIONAL USE PERMIT (CUP) 96 - 0003 > VIRNIG Q The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. ( PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office: Please refer to the enclosed letter. Written comments provided below: / et-07dg- 'b a 7 e Tj !,c) fie Av2U t o -s6 a_ J 0 -6 — TA,' J ( tk $TLL RE LA N 1304.-774 Fo O e W 3�iZ lA du.Z� .s, et-t-1 •fit= O L ham -&EYL. irvtC-r:e ( X 11 A.S7J $&eiL 1'5 LO 10t M ss- ActL Tt> Lost. 4 pr Tin 'Pill:, Priz-ral OYease mid& the Mowing information) Name of Person(s) Commenting: I is I Phone Number(s): CUP 96-0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS • RIVED PLANNING APR 1 5 199 .414- CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Lee Walker. Unified Sewerage Agency /SWM Program FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 - 0003 > VIRNIG Q The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: • R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Mond.y - April 22, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I .. We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Pfease provide tfiefoQowinginformation) Name of Person(s) Commenting: I Phone Number(s): CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREOUEST FOR COMMENTS • • 4 i I�i���l� CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Michael Miller. Operations Water Manager FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 -0003 ➢ VIRNIG The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: // �" Pc Fogr.IAL4 7 T Ai,ATD*J Vi L-4-6 L ATEt-- DISTIUCT Ant. do MME irr . M4./:6 ; 9/- 1 -AW (Please provide the following information) Name of Person(s) Commenting: Mike kin,LEY1_ I Phone Number(s): 345' CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREQUEST FOR COMMENTS J • • RECEIVED PLANNING '`�'n' "'vioiij APR 12 1996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: David Scott. Building Official FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 -0003 > VIRNIG The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I • We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Tlease provide t(iefolCo-wing infornration) Name of Person(s) Commenting: C v C S6 Phone Number(s): )1/ CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREOUEST FOR COMMENTS L/ • • RECEIVED PMANNIND • " '' 1 CITY OF TIGARD REQUEST FOR COMMENTS 'APR 1 2 1996 DATE: April 10. 1996 TO: Elaine Self. GTE Engineering Department FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 -0003 > VIRNIG Q The applicant requests the following development applications: 1.) Conditional Use approval to remove one -half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91 -0008) approval; and 2.) Variance approval to allow an 86 -foot lot width whereas, the code requires a 90 -foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1 S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 1996. You may use the space provided below or attach a separate letter to return your comments. 1f you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I ✓ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide thefoQawing information) Name of Person(s) Commenting: I Phone Number(s): CUP 96 -0003 VIRNIG DUPLEX PROPOSAUREQUEST FOR COMMENTS / * * . ....... . • ... 6.:. ..... ... :••••••...d.4• ..i.....• .. 1.• •_„„tt:.....t.t.6.,..:;:;::...A.• . ..••••••:,,, •••,:„.,..„:„.• • .••• 4 •1 ' V •'!.., ';'•'.4.....`,....$ft„*„,.!..I...„„..,.., *••••„<. • ...wag*. .. 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