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VAR2005-00003 Decision - IRONWOOD ESTATES SETBACK ADJ. NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005 - 00003. vi CITY OF TIGARD r IRONWOOD SIDE YARD SETBACK ADJUSTMENT Community Development Community ,. , SkapingABetter Comm 120 DAYS = 5/25/2005 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: IRONWOOD SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005 -00003 PROPOSAL: The applicant has requested an adjustment to the side yard setback to reduce the setback from 5 feet to 4 feet on Lot 1 of Ironwood Estates Subdivision to accommodate construction of a new single - family residence. APPLICANT/ OWNER: Ironwood Homes, Inc. 23352 SW Murdock Rd. P.O. Box 981 Sherwood, OR 97140 LOCATION: 14385 SW Connor Place; WCTM 2S108AA, Temporary Tax Lot IE001. COMPREHENSIVE PLAN DESIGNATION: R -7, Medium Density Residential. 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 5000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivision 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 i ;hereby given 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 wh.lch the decision based are noted in Section IV. VAR2005 -00003 IRONWOOD ESTATES LOT 1 SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITIONS OF APPROVAL 1. All construction must be completed in compliance with the conditions of approval of the Ironwood Estates Subdivision (SUB2002- 00008). 2. Prior to issuance of any building permits, the applicant must attain approval for the residence from the Tigard Building Division 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 most sides by single - family residences. To the east are the power lines for Bonneville Power Administration and Portland General Electric. The proposal is to intrude into the 5 -foot front yard setback by one (1) foot to construct a single - family residence. The site is Parcel 1 of a six lot subdivision previously approved under file SUB2002 -00008 (Ironwood Estates). The residence will extend one foot into the setback along the entire south elevation. SECTION 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 a one foot adjustment to the side yard setback to allow the placement of a residence within the required setback. According to the applicant the requested adjustment is to accommodate a slightly wider house on this site without impacting the width of the other lots through a lot line adjustment. A one 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: VAR2005 -00003 IRONWOOD ESTATES LOT 1 SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION f � A demonstration that the Adjustment requested is the least required to achieve the desired affect; The adjustment is being requested to allow the southern elevation of the home to encroach into the side setback by one foot. This is the minimum relief needed to allow placement of the desired house plan. The Adjustment will result in the preservation of trees, if trees are present in the development area; According to the file SUB2002 -00008 there are no existing trees on lot 1, therefore the projection into the setback will have no impact on trees. 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 effect. The desired effect is to allow placement of the desired house plan. The applicant is proposing the encroachment along the southern side of the property rather than the northern property line. The south side abuts the water quality facility and would have no effect on the other residences. There is no other reasonable alternative to reach the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: of otice 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 1, 2005 AND BECOMES EFFECTIVE ON FEBRUARY 2, 2005. 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. 1�. ea -c'Yi,) February 1, 2005 APPR ED BY: Cheryl Caines DATE Planning Technician VAR2005 -00003 IRONWOOD ESTATES LOT 1 SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION