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VAR2006-00018 Decision - JUILFS SETBACK ADJUSTMENT A NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2006 -00018 JUILFS REAR YARD SETBACK ADJUSTMENT 1;140 120 DAYS = 5/26/2006 SECTION I. APPLICATION SUMMARY FILE NAME: JUILFS REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2006 -00018 PROPOSAL: The applicant has requested a 20% adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet to accommodate construction to an extension of a covered deck APPLICANT/ OWNER Frederick & Lois Jnilfs 16228 S.W. Cooper Lane Tigard, OR 97224 LOCATION: 16228 S.W. Cooper Lane; WCTM 2S108BC, Tax Lot 08100 (Lot 81 of the Meyers Farm Subdivision). COMPREHENSIVE PLAN DESIGNATION: R-7, Medium DensityResidential District. ZONING DESIGNATION: R-7; Medium - Density Residential District. The R-7 zoning district is designed to accommodate attached single- family homes, detached single family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. VAR2006- 00018 - SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION The Adjustment will not impede emergency access. This project is in back of the lot; therefore, emergency service can still access this dwelling and adjacent dwellings. There is not a reasonable alternative to the Adjustment which achieves the desired affect. Because of the size of the home and lot, there are no other reasonable alternatives to allow for a 3 -foot extension of the existing deck that would achieve the desired affect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON FEBRUARY 21, 2006 AND BECOMES EFFECTIVE ON FEBRUARY 22, 2006. 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 2 06 PRE ' • '' D BY: Kristie Peerman D Planning Technician VAR2006 -00018 - SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION % . CONDITION OF APPROVAL 1. All construction must be completed in compliance with the conditions of approval of the Meyers Farm (SUB1999- 00002). THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The lot is located on south side of Copper Lane which is west of 161St Avenue. The proposal is to reduce the 15 -foot rear yard setback by 3 feet. SE CTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant has requested an Adjustment to reduce the rear side yard setback by 3 feet to allow the extension of a covered deck The required rear yard setback is 15 feet therefore; up to a 3 -foot reduction of this setback may be allowed provided the following criteria are addressed. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired affect; The adjustment is being requested to allow the extension of an existing covered deck to protrude into the rear yard setback by 3 feet. According to the applicant this is the minim relief needed for the extension of a covered deck plan on lot. The Adjustment will result in the preservation of trees, if trees are present in the development area; According to the applicant, the adjustment would not adversely affect any trees on site, as there are no trees present. The Adjustment will not impede adequate emergency access to the site; VAR2006 -00018 - SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION NS { `_� — CITY of T!) � 2p O • COLONY PL • w GEOGRAPHIC INFOR � ION SYSTEM • • VI QNI'TY MAP COLONY D' ti V -00018 C R lik. . JUILFS SE'1BACK lb 1,44 Z.; ADJUSTMENT D . r I I I I I I . BULL MOUNTAIN RD l .-. IIIII1iOhui R i p a i � ,1„11,,,,,1, I ____ , t _ 1 ar i � - Y BRAY LN �■ (� �� ■ Q m BONITA RD r I I �■ . v_B 1 4 --7(, I I I BE e� no. DU .[t Ro DEKALB ST � ■ g �� a �■ � Tigard Area Map IIIE_ UN As . • • KESSL ' N 11111\ — 4-'40 a '..i.. .44: 0 100 200 300 400 Feet �HAZELTINE 1 "= 3zaraet „ A . / , City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 Hall Blvd Tigard, OR 97223 (503) 639-0171 http://www.ci.tigard.or.us Community Development Plot date: Feb 21, 2006; C: \magic \MAGICO3.APR