VAR2003-00095 Decision - TUSCANY SETBACK ADJUSTMENT NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2003-00095 yali
CITY OF TIGARD
TUSCANY LOT 78 REAR YARD SETBACK ADJUSTMENT Community Development
Shaping A Better Community
120 DAYS = 1/29/2004
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: TUSCANY SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2003 -00095
PROPOSAL: The applicant has requested a 2 -3% adjustment to the rear yard setback to
reduce the setback from 15 feet to 14 feet and 6 inches to accommodate
construction.
APPLICANT/
OWNER: Centex Homes
Attn: Andy Tiemann
16520 SW Upper Boones Ferry Rd. #200
Portland, OR 97224
LOCATION: 13920 SW Venezia Terrace; (Lot 78 of Tuscany Subdivision); WCTM
2S105CC, Tax Lot 19500.
COMPREHENSIVE
PLAN
DESIGNATION: R -7, Medium Density Residential.
ZONING
DESIGNATION: The subject property is within the R -7 Medium - Density Residential zoning
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.
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.
VAR2003 -00095 - SETBACK ADJUSTMENT PAGE 1 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
Tuscany Subdivision (SUB2002- 00001).
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 property is bordered on all sides by single - family lots that were created in the Tuscany
Subdivision Approval. The proposal is to intrude into the required 15 -foot rear yard setback
by 6 inches to accommodate an error in construction.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.390 allows the following development
Adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this provision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested a 6 -inch adjustment to the rear yard setback to allow the
placement of the house. The required rear yard setback is 15 feet. A reduction of this
setback by up to 3 feet 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 structure to protrude into the rear yard
setback by 6 inches. The lots were created through the Tuscany Subdivision SUB2002-
00001. According to the applicant, the building was measured erroneously and thought to
have met the setback. The request to adjust the setback by 6 inches is the minimum relief
needed to allow the home to remain in place.
The Adjustment will result in the preservation of trees, if trees are present in the
development area.
VAR2003 -00095 - SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
All of the trees on the Tuscany site were removed to accommodate development of the site,
and the developer is mitigating on site. This criterion does not apply.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the error in measurement, and costs and time associated with pouring a new
foundation, there are no other reasonable alternatives to the placement of the home 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 OCTOBER 7, 2003
AND BECOMES EFFECTIVE ON OCTOBER 8, 2003.
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.
rL 4 dilby
APPRO BY. October 7, 2003 DATE
Associate Planner
VAR2003 -00095 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
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LEGAL DESCRIPTION: LOT _B____ BLK. - , ! 1n
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CLIENT: CENTEX HOLES I;'. 1
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DATE 8/7/03 sou: • 1•= SURVEYORS
/ I HEREBY DECLARE THE STRUCTURAL WPROVEMEH1S TO THE ABOVE DESCRIBED PROPERTY TO BE SITUATE THEREON AS SHOWN.
THERE ARE NO APPARENT ENCROACHMENTS BY OR AGAINST THE PROPERTY IN QUESTION, EXCEPT AS SHOWN. THIS LOCATION IS
BASED UPON MONUMENTS FOUND. NO WARRANT( IS MADE AS TO THE CORRECTNESS OF SAID MONUMENTS AND NO UABEITY IS
ASSUMED IF SAID MONUMENTS ARE IN ERROR. THIS DECLARATION IS MADE AT THE REQUEST AND FOR THE EXCU15NE USE OF THE
TRANSACTION AND CLIENT NAMED ABOVE AND IS NOT TO BE USED FOR CONSTRUCTION PURPOSES, FUTURE TRANSACTIONS,
LAND DIVISIONS OR BOUNDARY LOCATION. Q -
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LOT 78
CENTEX HOMES •
13920 SW VENEZIA TERRACE .
TIGARD
4230 N.E. FREMONT STREET, PORTUINO OREGON 97213 (503) 284 -5896 FILE NO. II -8851