Loading...
MIS1999-00002 • • NOTICE OF TYPE I DECISION DEVELOPMENT;ADJUSTMENT[MIS).99-0002;.. - CITY OF iIOARD; -. G: ., Community ii5 efopment :SANDERS SETBACK ADJUSTMENT 3fiapingA Better Community 120 DAYS = 6/3/99 • SECTION I. APPLICATION SUMMARY SANDERS SETBACK ADJUSTMENT CASE NO: Setback Adjustment MIS 99-0002 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the minimum front yard setback. The adjustment is requested to allow closing-in of an existing front porch. APPLICANT: Warren and Eva Sanders OWNER: Same 15360 SW 100th Avenue Tigard, OR 97224-2468 • COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: 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: 15360 SW 100th Avenue; WCTM 2S111 CA, Tax Lot 09100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION .,. -.;,r,s. . � ,,,,. r,s. . �.1 ;y:'' s>y , >'✓djj„ „6'_',a '' t` r,s " � i "n-ahat�the>.Ci�._"of Ti "ard:Commun'� ".Develo ment�Diiec o -.Notice.is hereby"g"ve ,ty"; g ty_. `�o dons. �e firidiri�'s�and"con'clus .:deli nee:.has'APPROVED the;.above,request::;Th �. n'SectionalV of decision. v ei which the decisgn:is:b a'sed aregrioted , NOTICE OF TYPE I DECISION MIS 99-0002—SANDERS SETBACK ADJUSTMENT PAGE 1 OF 3 • • SECTION III. BACKGROUND INFORMATION Site History: No previous land use applications are on file for this property. Vicinity Information: The property is located north of the Summerfield Development and south of SW Sattler Street in the Golf Side Estates #2 Subdivision (Lot #35). Site Information and Proposal Description: The subject property has frontage on SW 100th Avenue. The existing front yard setback is approximately 16 feet, 8 inches, measured to the nearest wall of the house. A covered porch extends from the front of the house approximately 6 feet. The applicant proposes to enclose the existing porch, creating an entry foyer with a bay window. The front yard setback would then be measured to the wall of the new foyer. A bay window may extend into a required setback. The minimum front yard setback is 15 feet in the R-7 zone. An adjustment to the front yard setback is requested to allow construction of the proposed entry foyer. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.B.1.a ,provides that up to a 25% reduction of the dimensional standards for the front yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.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 applicant has requested the full 25% reduction. This would reduce the front yard setback from 15 feet to 11 feet, 3 inches. The "desired effect" was to enclose the porch using the existing porch posts. However, this would require more than a 25% reduction in the setback. The applicant has modified the proposal to conform to the maximum allowable setback reduction and as such, the request is the least required that achieves the desired effect. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are impacted by the proposal. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site; The adjustment will affect the front yard setback only. Emergency access from the public street fronting the property will not be affected. Therefore, this criterion is satisfied. NOTICE OF TYPE I DECISION MIS 99-0002-SANDERS SETBACK ADJUSTMENT PAGE 2 OF 3 • • There is not a reasonable alternative to the adjustment which achieves the desired effect. As noted above, the desired effect is to enclose an existing porch to create an entry foyer. There is no alternative to the proposed adjustment. The proposed adjustment is, 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. , ;��;fR THIS��DECISIONyIS=FINA�L.:AS-OF°MARC,H°9 , , THE EFFECTIVE DATE OF THIS DECISION SHALL BE MARCH 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. • )11 March 9. 1999 PREPARED BY: Nark J. obe s DATE Associate Planner Ayr March 9. 1999 . APPROVED BY: Richard Bewe74"orff DATE Planning Ma :ger i:\curpin\rnjr\var\rnis99-02.dec NOTICE OF TYPE I DECISION MIS 99-0002—SANDERS SETBACK ADJUSTMENT PAGE 3 OF 3 • Z O Q 51 • �yo„11- t404Arsc Z "PROPOSED ENTRY FOYER" 1:17. 0.1r \\'‘\\\\\ , ..\\\\\\\-\\\\,\ e+�T l•I L �r_f - (I I'-3": djusted Setback) - 11. 0 U PROPERTY LINE CASE NOES)&CASE NAMEES): SITE PLAN MIS 99-0002 EXHIBIT SANDERS EXH I B IT MAP . N SETBACK ADJUSTMENT I ) CITY of TIGARD • 1 I GEOGRAPHIC INFORMATION SYSTEM �r a' A- . 'T VICINITY MAP E DR . , _ o w _ , I- Q rn 'SW—PEPPER IKttLjN MIS 99-0002 W 1 DAM 1 SANDERS LADY MA� k_4) SETBACK ADJUSTMENT S'TTLFRST b000.WE\kk X I SUBJECT I I- SITE hipilli o . _oppi . KABLE ST _ i AV .MINI III o g. poi III cc > oisL a co 0.< ,_ s...s ,; . . _ I ,1n . ■ . ____ ,..._ , , . ,_____ _ A 1 1., . ,.R ,1.. N . 101 z _ ai .s 0 100 200 300 400 Feet 11 \ DR 1'=302 feet \�� 11*■ F���\ R it 40 ► � i TERR • City of Tigard • ��1 Information on this map la for penaral location only and �� tø should be verified with the Development Services Division. R 13125 SW Hall Blvd OR 97223 G (503)639-4171 • WV& i WIAGICO2.APR . fik i �����,`` Plot date:Mar 9 1999;C:\mag c Community Development • .1 A - AFFIDAVIT OF MAILING • z '''' CITY OF TIGARD • Community(Development • SCrapingABetterCommunity . STATE OE OREGox ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) • ❑ NOTICE OF PENDING LAND USE APPLICATION FOR:r _7. ❑ AMENDED NOTICE (File NoJName Reference) • ❑ City of Tigard Planning Director © NOTICE OF DECISION FOR: MIS 99-0002 - SANDERS SETBACK ADJUSTMENT ❑ AMENDED NOTICE (File No/Name Reference) 0 City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: l / ❑ AMENDED NOTICE (File NolName Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director 0 Tigard Hearings Officer • ❑ Tigard Planning Commission • ❑ Tigard City Council • ❑ NOTICE OF FINAL ORDER NO. FOR:l ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) • ❑ City of Tigard Planning Director • ❑ Tigard Hearings Officer ❑ Tigard Planning Commission O Tigard City Council Li NOTICE OF: (Type/Kind of Notice) FOR: I (File No/Name Reference) • (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached, mark-• • hibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit": ,on the 9th say of larch 1999 and •,-posited in the United States Mail on the 9m day of March,1999, postage prepai•. � i/ API __."."..■. (°: -• at -r-.are. oti ) `\, co C Subscribed and sworn/affirmed before me on the day of j, 19 7y i If /...„.. OFFICIAL SEAL f_ I ” i AL/ I I `TI•„ 1�,: DIANE M JELDERKS c NOTARY PUBLIC-OREGON ®,;,1 COMMISSION NO.046142 My Commission Expir s: �r MY COMMISSION EXPIRES SEPTEMBER 07,1999 • • EXHIBIT A NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT[MISI:99-0002 CI TY OF TIG , Community(Development SANDERS SETBACK ADJUSTMENT AFtapingA getter Community 120 DAYS = 6/3/99 SECTION I. APPLICATION SUMMARY SANDERS SETBACK ADJUSTMENT CASE NO: Setback Adjustment MIS 99-0002 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the minimum front yard setback. The adjustment is requested to allow closing-in of an existing front porch. APPLICANT: Warren and Eva Sanders OWNER: Same 15360 SW 100th Avenue Tigard, OR 97224-2468 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: 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: 15360 SW 100th Avenue; WCTM 2S111 CA, Tax Lot 09100. 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 thdecision,is based are„noted in'Section IV of this decision NOTICE OF TYPE I DECISION MIS 99-0002—SANDERS SETBACK ADJUSTMENT PAGE 1 OF 3 • SECTION III. BACKGROUND INFORMATION Site History: No previous land use applications are on file for this property. Vicinity Information: The property is located north of the Summerfield Development and south of SW Sattler Street in the Golf Side Estates #2 Subdivision (Lot #35). Site Information and Proposal Description: The subject property has frontage on SW 100th Avenue. The existing front yard setback is approximately 16 feet, 8 inches, measured to the nearest wall of the house. A covered porch extends from the front of the house approximately 6 feet. The applicant proposes to enclose the existing porch, creating an entry foyer with a bay window. The front yard setback would then be measured to the wall of the new foyer. A bay window may extend into a required setback. The minimum front yard setback is 15 feet in the R-7 zone. An adjustment to the front yard setback is requested to allow construction of the proposed entry foyer. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the front yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.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 applicant has requested the full 25% reduction. This would reduce the front yard setback from 15 feet to 11 feet, 3 inches. The "desired effect" was to enclose the porch using the existing porch posts. However, this would require more than a 25% reduction in the setback. The applicant has modified the proposal to conform to the maximum allowable setback reduction and as such, the request is the least required that achieves the desired effect. • The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are impacted by the proposal. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site; The adjustment will affect the front yard setback only. Emergency access from the public street fronting the property will not be affected. Therefore, this criterion is satisfied. NOTICE OF TYPE I DECISION MIS 99-0002-SANDERS SETBACK ADJUSTMENT PAGE 2 OF 3 - - ----- • •- There is not a reasonable alternative to the adjustment which achieves the desired effect. As noted above, the desired effect is to enclose an existing porch to create an entry foyer. There is no alternative to the proposed adjustment. The proposed adjustment is, 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 MARCH;9, 1999. THE EFFECTIVE DATE OF THIS DECISION SHALL BE MARCH 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. March 9. 1999 PREPARED BY: ark J. obe s DATE Associate Planner OP ,/ r r � March 9. 1999 APPROVED BY: Richard BewenForff DATE Planning Ma ger i:\curpin\mjAvar\mis99-02.dec NOTICE OF TYPE I DECISION MIS 99-0002—SANDERS SETBACK ADJUSTMENT PAGE 3 OF 3 r r i • 4. z 0 0 Co " (...., o . - Vec.ir 6,4.,sri,lc 14 our , I a-, — — — - — 1-- _ , _� 5- Z "PROPOSED ENTRY FOYER" ' SET1tL� Z z T--v,-,sr ,4IS-f iA-16;--cYtcl► \\\\\ \\\N'\ \. \' \\ \\\\\ j , a Ci o 1 c, ce szt i . . _li ___ (LI'-3": ,djusted Setback) i V u-- �� _.-----\ - pi.- 0 • (..) PROPERTY LINE • CASE NO[S]&CASE NAMEISI: • SITE PLAN MIS 99-0002 , SANDERS • EXHIBIT MAP N SETBACK ADJUSTMENT • _ _- CITY of TIGARD _ GEOGRAPHIC INFORMATION SYSTEM • W ■ ■ I . A- T VICINITY MAP ■ MIS 99-0002 SW PEPP - - N �A- uEL_ T� SANDERS co Illt a LADY MAR 04, SETBACK 1 c Q ADJUSTMENT AT - ST X 111111 =AI ■SUBJECT n ■ •� • ~o■ SITE o - . - ■ ► ,j \ I ow w > c..) •_- ST o Q INS" I BAII Ilan Iiii.1111 l�. . i= 4111 • . •R �, N mNmm� /���� ��'� 1 nib .111,41 0 100 200 30„0 Feet DR V=302 feet - 1 % 4-`10'.■ F ,. immo vii • A ... .. _ is"I .■ \°-s) City of Tigard Information on this map is for General location only and be verified with the Development Services Division. D . should 3125 SW Hall Blvd Tigard,OR 97223 ��� G �• ' http:/Sh03w6399ard.or.us ` r 9 1999 C:\ma is\MAGICO2.APR `� _ant Plot date:Mar 9 Community Development i - - �'�_ DODO - - - - - EXHIBIT ev 2S111CA-09100 SANDERS WARREN L&EVA M SW 100TH ST ,,,lii TIGARD,OR 97224 '" CITY OF 11GARD OREGON 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 ADJUSTMENT • i 1I1 TYPE I APPLICATION till CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 PRE-APP. HELD WITH: DATE OF PRE-APP.: • GENERAL INFORMATION Property Address/Location(s): / 560L-, Sex) FOR STAFF USE ONLY Tax Map &Tax Lot#(s):`.. I e9 I c Lor 35 col d S r 65ra s Site Size: ,�c:, l0-� -�OY" Property Owner/Deed Holder(s)*: ItiAti�1 f ELIA- -a z� Case No.(s): Address: #4dP S' I• c ,LIB Phone: Other Case No.(s): City: Ito• _ (0 Zip: on 2724 A pp licant*:tA)�,L Receipt No.: �? /eP.-1D7/ Address: w 6 4—, Phone: (-" 4 'I l Application Accepted B City: l tz..t-A- ®+2 • Zip: ern, i/ Date: g'"Y" _7/ * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. Date Determined To Be Complete: The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this Comp Plan/Zone Designation: application. PROPOSAL SUMMARY CIT Area: The owners of record of the subject property request permission for Recording Date and Number: an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): Rev12/11/98 i:\curpin\masters\adjustmt.mst Development Adjustment: $ 100 Special Adjustments: $ 100 „ „ _ ♦Adjustment to a Subdivision $ 100 -. • Reduction of Minimum Residential Density $ 100 REQUIRED SUBMITTAL ELEMENTS • Landscaping Adjustments-Existing/New Street Trees $ 100 • Parking Adjustments-Reduction in Stacking Lane Length •Wireless Communication Facility Adjustments-Distance From Another Tower $ 100 ✓ Application Elements Submitted: Please state the reason for the Adjustment request: (��,�Application Form 'Ds 014?rtil7111r' /' Al/l�. l 14 l j 21 Owner's Signature/Written Authoriz *on L t k.12 /Lt.EEc ❑ Title Transfer Instrument or DeedL) 4-17 44-P-P I"Ttdi.-1i41 Site/Plot Plan sz-4:7 1-1 LIT- t A tia (#of copies based on pre-app check list) ��- 121' Site/Plot Plan (reduced 81/4"x 11") _Applicant's Statement (Addressing Criteria Under Section 18.370.020) l Filing Fee $100.00 1 • • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,-based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this CA ^/ day of Fc..41 , 1 9j4 Owner's Signa re Owner's Signature Owner's Signature Owner's Signature • $ 2 me 1 /, ■IIrkf)\ %.-- s'#\S'' t." A ' vc 311 • k , ...__ _... .... ... . . i.., 4!6....044;p1P„ -5,..q..!oam4ra17 1, _ \\\\\\\\\\ ,\\\ , c, \ s, \ \ -17-t-tt,ar. ,e-11-"riA-11;Bre--A \\\I \\N\\\\ \\\\\\ . I \ _ _._ ii-----__ 71.,_ __-: _ _ _ _ _ _ ___ _ _, --- _ _ / ) 5 1 " 0 ___ ,14fittf_Or Agrftt 7:- i:z: zig" • be4 "451— 4:419`r Lk-a, at.i icit21.k+tia _ kiel- -rw.. _ ....4.-dOP _ e2eti I Z is-6 Derxrut -'?1,44.44 31 s-i47 s. Map & Tax Lot #: 2 51 I CA-09100 j Subdivision: Golf Side Estates #2 c,',. Lot #: 35 Site Address: 15360 SW 100th Ave, • Tigard, Oregon 97224 :i Zoning: R-7 . y' Applicant Name: Warren and Eva Sanders 1. Phone: Home 684-0117 Cell 880-9456 Warren T- Cell 705-0755 Eva - 58.000' ° `1 • t .Z' /q:4"04.5 . \ `' V • ,fbs`4414- , t\ ~ I.(630 sr)(12'. .-....\c. ' . . . . - req.. a VI ,2. �— i -s, • __ to mot. z 1 - •,...:.... \\\\ \ Ni 1 ♦ s� ''\ \ insw ��8 sr) 2 1t : \ MAW / (8o sr) ' • ituv Wel.W.62 if. '-'-•.- -11):-1.;*,:ltli.f.--PILAU Art44(33 5.g \ weticwal 2_ ' s t8L) 61,10X.1670 sf) 4.9» • CAN71 AO-Ste. ,,', 7:)g-t7 -1) 44" / I2-6 . s -- , 58.40 V SITE . PLA!PJ.0.. LEAL. DESCRrPTIceu: r • tor 35 Gold:Sat estittcs 2 Cctj isS Tcdaict, Oxon