VAR2003-00002 Decision - TUSCANY SUB. LOT 32 ADJUSTMENT N OTICEOF.TYPE IDECIS
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ADJUSTMENT.;;(VAR 2003- 00002,
CITY OF TIGARD
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120 DAYS = 5/6/2003
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: TUSCANY SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2003 -00002
PROPOSAL: The applicant has requested a 20% adjustment to the side yard setback to
reduce the setback from 10 feet to 8 feet to accommodate construction.
The lot is required to maintain a 10 foot side yard setback because it is a
flag lot.
APPLICANT/
OWNER: Centex Homes
Attn: Dave Cady or Andy Tiemann
4000 Kruse Way Place
Building #2, Suite 300
Lake Oswego, OR 97035
LOCATION: 13945 SW Florentine Avenue; (Lot 32 of Tuscany Subdivision); WCTM
2S105CC, Temporary Tax Lot T0032.
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
Noticesis hereby . given that the City of igard .fDirector's designee ha °x
'APPROVED the above request subject 4o certain,n"ditions .of approval.. The findings and
conclusions:°: on which e -:the decision is ? . W : are noted in Section> IV:..
VAR2003 -00002 - 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).
TH APPROVAL S HALLBEVALIDiFOR� 18 MONTHS
" FROM THE EFFECTIVEDATE OF THISDECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is bordered on three sides by single - family residences. The western edge of
the property is undeveloped farmland that was recently brought into the UGB on December
12, 2002. The proposal is to intrude into the required 10 -foot side yard setback by 2 feet to
accommodate construction of the proposed home.
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 an Adjustment to the side yard setback to allow the placement
of the house. The required side yard setback is 10 feet because the lot is a flag lot, therefore,
a 2 -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 structure to protrude into the side yard
setback by two feet. The lots were created through the Tuscany Subdivision SUB2002-
00001. According to the applicant, the requirement to place a street connection to the
western edge of this property forced Lots 31 and 32 to be smaller in size. Because this lot is
a flag lot and the size of the lots would be further constrained by the 10 foot side yard
setback, this request is the minimum relief needed to allow placement of the home.
VAR2003 -00002 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
4
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
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 size of the lot and the shared access between this lot and lot 31, there are no
other reasonable alternatives to the placement or orientation 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 JANUARY 16, 2003
AND BECOMES EFFECTIVE ON JANUARY 17, 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.
January 16, 2003
APPROVED BY: Brad Kilby DATE
Associate Planner
VAR2003 -00002 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION