VAR1999-00001 Decision - HEIGHTS#2 SETBACKS
OTIOOF TYPE I DECISION
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SECTION I. APPLICATION SUMMARY
"HEIGHTS AT BULL MOUNTAIN NO. 2" SETBACK ADJUSTMENTS
CASE: Setback Adjustment VAR 99-0001
PROPOSAL: The applicant has requested two (2) Development Adjustment
approvals to adjust certain side yard setbacks on Lot 112 and Lot 121
of the Heights at Bull Mountain #2 Subdivision (Tax Lots 11500 and
12400 on WCTM 2S105CD). The adjustments are requested to
legalize a non-conforming situation caused by a surveying error.
APPLICANT: Alpha Engineering OWNER Impressive Homes, Inc.
Trisha McClelland (Lot #112): Doug McPhearson
9600 SW Oak, #230 10319 SW Picks Way
Portland, OR 97223 Tigard, OR 97224
OWNER Windridge Homes, Inc.
(Lot #121): Fred Ball
653 NE Kelly
Hillsboro, OR 97124
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATIONS: Single-Family Medium Density Residential - 5,000 Square Feet
Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7
zoning district is to establish sites for single-family detached and
attached units for medium density residential developments.
LOCATION: 15977 SW Milan Lane; WCTM 2S105CD, Tax Lot 11500 and 15974
SW Tuscany Street; WCTM 2S105CD, Tax Lot 12400. These lots are
located in the Heights at Bull Mountain No. 2 Subdivision in the Urban
Services Area of unincorporated Washington County. The subdivision is
generally located north of SW Roshak Road and west of SW 158th
Avenue.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's
designee has APPROVED the above request. The findings and conclusions on
which the decision is based are noted: in Section IV of this decision.
NOTICE OF TYPE I DECISION VAR 99-0001-HEIGHTS AT BULL MNT. NO.2 SETBACK ADJUSTMENTS PAGE I OF 3
THIS APPROVAL SHALL. E V
ALID FOB I MONTHS
FRO THE EFFECTIVE DATE OF THIS DECISION.
SECTION 111. BACKGROUND INFORMATION
Site History:
The lots in question are part of the Heights at Bull Mountain No. 2 Subdivision in the Urban
Services Area of unincorporated Washington County and approved by Washington County
under Casefile No. 96-413-S1HRV.
Vicinity Information:
The Heights subdivision is located north of SW Roshak Road and west of 158th Avenue. It
is outside the city limits of the City of Tigard, within the Washington County Urban Services
Area.
Site Information and Proposal Description:
The lots in question are Lots 112 and 121 of the Heights subdivision, also known as Tax
Lots 11500 and 12400 on WCTM 2S105CD. The proposal is to adjust certain side yard
setbacks that are less than required in the underlying R-7 zone due to an error in placing
the survey pins for the foundations of the houses. Lot 112 has a west side-yard setback of
approximately 4.53 feet where 5 feet is required. Lot 121 has a west side-yard setback of
approximately 4.40 feet where 5 feet is required. Both lots are 50 feet wide, as required by
the dimensional standards of the R-7 zoning district and have east side-yards that are
correspondingly larger than the 5-foot minimum. The requested Adjustments will legalize
these non-conforming setbacks.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 1 .370.020.B.1.b
provides that up to a 20% reduction of the dimensional standards for the side and rear
yard setbacks required in the base zone may be approved as a Type I Development
Adjustment. Section 18.370.020.8.2, Approval Criteria, provides that a development
adjustment shall be granted if there is a demonstration of compliance with all of the
applicable standards:
A demonstration that the adjustment requested is the least required to achieve the
desired effect; The adjustments requested are less than 1-foot in both cases and are
equal to the exact amount that the setbacks deviate from the standard. Therefore, this
criterion is met.
The adjustment will result in the preservation of trees, if trees are present in the
development area; No trees are present in the development area. Therefore, this
standard does not apply.
NOTICE OF TYPE 1 DECISION VAR 99-0009 -HEIGHTS AT BULL MNT. NO.2 SETBACK ADJUSTMENTS PAGE 2 OF 3 i
I
The adjustment will not impede adequate emergency access to the site; The
adjustments will affect side yard setbacks only. Emergency access from the public streets
fronting the properties will not be affected. Therefore, this criterion is satisfied.
There is not a reasonable alternative to the adjustment which achieves the desired
effect. The only alternative to the proposed adjustments would be to move the structures
approximately 6 inches to the west. The proposed adjustments are, therefore, the only
reasonable alternative that achieves the desired effect and this criterion is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL AS OF FEBRUARY 9, 1999.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE FEBRUARY 10, 1999.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
February 9, 1999
PREPARED B QarkJ'.Roberts DATE
Associate Planner
r - "6 1 February 9, 1999
APP QVED BY: Richard BewersdorFfDATE
Planning Manager
hcu rplntmjrtvarlvar99-01.dec
NOTICE of TYPE I DECISION VAR 99-0001-NEIGH'S AT BULL MNT. NO. 2 SETBACK ADJUSTMENTS PAGE 3 OF 3
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"HEIGHTS N0. r
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MILAN LANE 589'55'56"w
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CASE NOW CASE RAMEISI:
VAR 99-0001
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