VAR2007-00028 • I
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2007-00028 c
n
JONES REAR YARD SETBACK ADJUSTMENT VGA D
120 DAYS = 10/27/2007
SECTION I. APPLICATION SUMMARY
FILE NAME: JONES REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment(VAR) VAR2007-00028
PROPOSAL: The applicants request approval to reduce the dimensional standard for the rear yard
setback of their property by 20 percent,from 15 feet to 12 feet,to allow for a covered
awning over their existing deck
APPLICANT: May Awning and Patio Company
5220 NE Columbia Blvd.
Portland,OR 97218
OWNER: Richard and Cindy Jones
11716 SW Errol Street
Tigard, OR 97223
LOCATION: 11716 SW Errol Street;Washington County Tax Map 2S103BD,Tax Lot 11500.
ZONING: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet, and duplexes, at a minimum lot size
of 10,000 square feet. Duplexes and attached single-family units are permitted
conditionally. 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. The findings and conclusions on which the decision is based are noted in
Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
NOTICE OF TYPE I DECISION
VAR2007-00028 JONES REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3
• •
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject property is Lot 6 of Cappoen Estates Subdivision. There have been no previous land use
decisions on the property.
The applicants request approval to reduce the dimensional standard for the rear yard setback of their
property by 20 percent,from 15 feet to 12 feet,to allow for a covered awning over their existing deck.
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 requests a reduction of the dimensional standard for the rear yard setback by 20 percent,
from 15 feet to 12 feet.
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 requests a reduction of dimensional standard for the rear yard setback by 20 percent to
construct a covered deck which would serve as an alternative exit from the dwelling. A reduction of the
dimensional standard by 3 feet is the least required to achieve the desired effect of a cover for the existing
deck,which was allowed to encroach into the setback by 3 feet while uncovered.
The Adjustment will result in the preservation of trees, if trees are present,in the development
area;
No trees will be removed. Therefore,this criterion is satisfied.
The Adjustment will not impede adequate emergency access to the site;
The proposed deck awning will not change the existing access. Therefore,this criterion does not apply.
There is not a reasonable alternative to the Adjustment which achieves the desired effect.
The applicant desires to add a cover to the existing deck in the rear yard. There is no reasonable
alternative which achieves the desired effect.
FINDING: Based on the analysis above,the adjustment criteria have been satisfied.
NOTICE OF TYPE I DECISION
VAR2007-00028 JONES REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3
• I
SECTION V. PROCEDURE AND APPEAL INFORMATION
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 JULY 6, 2007
AND BECOMES EFFECTIVE ON JULY 7, 2007
Questions:
If you have any questions, please call the Current Planning Division at (503) 639-4171, or stop by the
Permit _:nter at Tigard CityHall, 13125 SW Hall Boulevard,Tigard, OR 97223.
f �.
July 6, 2007
4." •OVE Y: :y E DA 1 E
sistant lanner
(Signed by Patty Lunsford for Emil))
NOTICE OF TYPE I DECISION
VAR2007-00028 JONES REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
.
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ONES
ETBACK
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III 111111 �. 1 ar Hall Blvd
I __A Ti gard,,O OR 97223
(503)639-4171
http://www.ci.tigard.or.us
Community Development Plot date:Jul 6,2007;C:\magic\MAGIC03.APR
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CITY OF TIGARD
Approved...__......_.___.._.__ � ,
Conditionally Approved '�� "' r �'
For only the work as described i : ._. I '
,11. PERMIT NO.
See Letter Follow._ [
Attach...._...
Job Address: [ 7
MAY AWNING AND PATIO CO. ti
5220 NE Columbia Blvd Date:_
Pnr*I,nd 110 0771R �= I
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1t
AFFIDAVIT OF MAILING
`SICARD
I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative
Assistant for the City of�Tigard,Washington County,Oregon and that I served the following:
f ChccicAPP,PsatE Bo* b
NOTICE OF DECISION FOR
VAR2007-00028/JONES SETBACK ADJUSTMENT
(File NoJName Reference)
AMENDED NOTICE
City of Tigard Planning Director
A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each
named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B", and by reference made a part hereof,on
July 6,2007,and deposited in the United S .tes Mail on July 6,2007,postage prepaid.
-,- A
w„. (Pers.V -d 7e) /
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the 9 day of —4 _ _ , ,2007.
r_?, OPPICUIL SEAL
PEBBLE R AIRI
NOTARY PUBUCt NO•ORE40,N
'� COMMISSION .400358
MY COMMISSION EXPIRES MARCH 2t,2010
. -
•• ARYPUBLI( OF O
My Commission Expires: :4,011 0
EXHIBIT_
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2007-00028 LAI
JONES REAR YARD SETBACK ADJUSTMENT ingAilE)
120 DAYS = 10/27/2007
SECTION I. APPLICATION SUMMARY
FILE NAME: JONES REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment(VAR) VAR2007-00028
PROPOSAL: The applicants request approval to reduce the dimensional standard for the rear yard
setback of their property by 20 percent,from 15 feet to 12 feet,to allow for a covered
awning over their existing deck.
APPLICANT: May Awning and Patio Company
5220 NE Columbia Blvd.
Portland,OR 97218
OWNER Richard and Cindy Jones
11716 SW Errol Street
Tigard,OR 97223
LOCATION: 11716 SW Errol Street;Washington County Tax Map 2S103BD,Tax Lot 11500.
ZONING: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet, and duplexes, at a minimum lot size
of 10,000 square feet. Duplexes and attached single-family units are permitted
conditionally. 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. The findings and conclusions on which the decision is based are noted in
Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
NOTICE OF TYPE I DECISION
VAR2007-00028 JONES REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3
• •
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject property is Lot 6 of Cappoen Estates Subdivision. There have been no previous land use
decisions on the property.
The applicants request approval to reduce the dimensional standard for the rear yard setback of their
property by 20 percent,from 15 feet to 12 feet,to allow for a covered awning over their existing deck
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 requests a reduction of the dimensional standard for the rear yard setback by 20 percent,
from 15 feet to 12 feet.
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 requests a reduction of dimensional standard for the rear yard setback by 20 percent to
construct a covered deck which would serve as an alternative exit from the dwelling. A reduction of the
dimensional standard by 3 feet is the least required to achieve the desired effect of a cover for the existing
deck,which was allowed to encroach into the setback by 3 feet while uncovered.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
No trees will be removed. Therefore,this criterion is satisfied.
The Adjustment will not impede adequate emergency access to the site;
The proposed deck awning will not change the existing access. Therefore, this criterion does not apply.
There is not a reasonable alternative to the Adjustment which achieves the desired effect.
The applicant desires to add a cover to the existing deck in the rear yard. There is no reasonable
alternative which achieves the desired effect.
FINDING: Based on the analysis above,the adjustment criteria have been satisfied.
NOTICE OF TYPE I DECISION
VAR2007-00028 JONES REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3
• •
SECTION V. PROCEDURE AND APPEAL INFORMATION
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 JULY 6, 2007
AND BECOMES EFFECTIVE ON JULY 7, 2007
Questions:
If you have any questions, please call the Current Planning Division at (503) 639-4171, or stop by the
Permit -nter at Tigard CityTIall, 13125 SW Hall Boulevard, Tigard, OR 97223.
July 6,2007
`■" OVE Y: milt'En DA 1 E
sistant lanner
(Signed by. Patty Lunsford for Emily)
NOTICE OF TYPE I DEQSION
VAR2007-00028 JONES REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
I anon I „<, CITY of TIGARD
iila
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13125 SW Hall Blvd
/� Tigard,OR 97223
http:/Avww c3.tigard.or.us
Community Development Plot date:Jul 6,2007;C:\magic\MAGIC03.APR
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CDTV OF TOGARD
Approved....................................................................•.
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• , For only the work as described in:
PERMIT NO.
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Attach............-----------[ ]
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MAY AWNING AND PATIO CO. i •
1
5220 NE Columbia Blvd
—. .
" " • .
Pnrfland 017 07912
0 • EXN1611
May Awning and Patio Company VAR2007-00028
5220 NE Columbia Blvd. JONES SETBACK ADJUSTMENT
Portland,OR 97218
Richard and Cindy Jones
11716 SW Errol Street
Tigard, OR 97223
2S103BD-11500 •
JONES RICHARD&CINDY
11716 SW ERROL
TIGARD,OR 97223
l/(e A . I i d chine
1 , i
• • .
•
117! ADJUSTMENT U o
TYPE I APPLICATION :�` ,��
City of Ti�Zrd Perri*Center 13125 SW Hall Blul, Tigan ORS97223, -,
L-4 Le/Zff 3 ;1.3 P 503.639.4171 Fax:503.598.1960 ��'t,..? s
GENERAL INFORMATION
Property Address/Location(s): l I I t .1.D &l o) '.ei. p .a, FOR STAFF USE ONLY
Tax ItTaax Lot#(s):
•
S 1 o3 &) g— Case No.: (> Ob7— OOb
Site Size: M .21-C L N C / Q Li-k%Li-k% ,Z Other Case No(s).:
Applicant': AY A NING ANPAIO cA• Receipt No.:
a?e L4
Address: 5220 NE Columbia Blvd
Application Accepted By: 5_TtQE14�
City/State: . 1 : II i ; ' Zi.• Date: 4, 7
Primary Contact:
rY � ,1�./,r n _ Date Determined To Be Complete:
Phone: 9)3/ (o1 -C.)(1/44 Fax: Dor'+j,/o, ?ia_ 11/4i
Property er/Deed Hoer(s)'�: (Attach list if more than one) Comp Plan/Zone Designation:
=K 4 °► ,t manes (0(1.-ci.l CO
Address: i rutty . ,,.„��fv of( . Phone: /'�'� 0-ril
City/State 17/` Zip: Ct-7 3
Rev.7/5/06
i\curpin\masters\Land use applications\adjustment-Type 1 App.doc
*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. The owner(s) must sign this
application in the space provided on the back of this form or submit a wrte it_ate . REQUIRED SUBMITTAL ELEMENTS
authorization with this application. a ak-c-1.e
PROPOSAL SUMMARY ✓ Application Elements Submitted:
The owners of record of the subject property request permission for an 1[ r Application Form
Administrative Adjustment to the following provision(s) of the Community Owner's Signature/Written Authorization
Development Code(please circle one only):
2/ Title Transfer Instrument or Deed
>Development Adjustment-Front Yard,Interior Setbacks and Lot Coverage
cn Site/Plot Plan(2 copies)
Adjustments to a Subdivision V Site/Plot Plan(reduced 81/2"x 11")
• Reduction of Minimum Residential Density
• Landscaping Adjustments-Existing/New Street Trees Applicant's Statement
• • Parking Adjustments-Reduction in Stacking Lane Length (Addressing Criteria Under Section 18370.020)
• Parking Adjustments-Reduction in Minimum Parking for Transit Improvements/Existing Dev.
• Setback Adjustments-Setbacks to Reduce Tree Removal ❑ Filing Fee
• Wireless Communication FacrlityAdjusrm.nrs-Distance From Another Tower
• Washington Square Reg.Center Density Adjustments
Please state the reason for Adjustment re ues . eenftpSeat
1 h icr-1 n 0 CC"I eir
(4 OLS4
•
I hereby acknowledge that I have read this application, that the information given is correct, that I am
the owner or authorized agent of the owner, and that plans submitted are in compliance with the City
of Tigard.
•
DATED this day of ,20
Signature of Owner/Agent .C3 e s T AI 41:1:1',7A YA
bvla citImula3 3N O Sa
IS fio ,bneMllo1
•
•
Contact Person Name Phone No.
! CITY OF TIGARD 6/25/2007
13125 SW Ilall Blvd. 4:14:14PM
Tigard,OR 97223 503.639.4171
TIGARD
Receipt #: 27200700000000002921
Date: 06/25/2007
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2007-00028 [LANDUS]Development Adjust 100-0000-438000 231.00
VAR2007-00028 [LRPF]LR Planning Surcharge 100-0000-438050 34.00
Line Item Total: $265.00
"tents:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check MAY AWNING&PATIO CO ST 14733 In Person 265.00
Payment Total: $265.00
•
•
cReceipt.rpt Page 1 of 1
•
• •
( Washington County,Oregon 2007-048215
IA04!30!2007 03:14:52 PM
D-DW Cnt=1 Stn=8 C PFEIFER
-) $10.00$6.00$11.00$515.00-Total•$542.00
111111111111111111111111111111 11111111111 111
�$s aa,g�t,r, THIS SPACE RESERV 01108583200700482150020023
v ! I.Richard Hebemicht.Director of Assessment and
-:n.
�`,!•�.• . ,.•''.,:. Taxation and Ex-0Officio County Clerk for Washington �,A.
'-:•:
,•s,. County,Oregon,do hereby Certify that the within 7 ,���.i,
Instrument of writing was received and recorded In the ° Z1,1 ,1,,,,,1 ,I j
. f.0 • i book of records of said courtly - (� 114m0:40. •.. y,r x
Richard Hobernicht,Director of Assessment and ,1 v-
Taxation,Ex-0f9Cio County Clerk
T
After recording return to:
Richard Jones and Cindy Jones
11716 SW Errol
Tigard, OR 97223
Until a change is requested all tax statements
shall be sent to the following address:
Richard Jones and Cindy Jones
11716 SW Errol _
Tigard, OR 97223 WASHINGTON COUNTY
,: st,- „gel. .. REAL PROPERTY TRANSFER TAX
File No.: 7031-984700 (MC) °� S 515•QD [�Q�
Date: February 22, 2007 • : ' �, FEE PAID De�
_..
CD
,4.- STATUTORY WARRANTY DEED
e - Four D Construction, Inc., an Oregon Corporation, Grantor, rnnveys and warrants to Richard
Jones and Cindy Jones, husband and wife, Grantee, the following described real property free of
10 liens and encumbrances, except as specifically set forth herein:
kZ
is LOT LOT 6,TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT"A", CAPPOEN ESTATES,IN
1Q THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON.
Ore
Subject to:
1. Covenants, conditions, restrictions and/or easements, it any, attecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true-consideration for this conveyance is$515,000.00. (Here comply with requirements of ORS 93.030)
•
• •
AFN: R2130640 Statutory Warranty Deed File Nn.:7031-984700(MC)
-continued Date:02/22/2007
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.
Dated this day of �=.,13P1.1fi , 20 67 .
Four D Construction, Inc.
• - % 1. < /•
By: r .vid J. DeH=r.port, President
STATE OF Oregon )
)ss.
County of Washington )
This instrument was acknowledged before me on t h i s 0 7 "5 day of 72 , 200
by David 3. DeHarpport as President of Four D Construction, Inc., on behalf of the f? /L
Notary Public for Oregon
My commission expires:
Ialrq OFFICIAL SEAL
o �( MARILCC COI ICN
r NOTARY PUBLIC-OREGON
® ' COMMISSION NO.371700
MY COMMISSION EXPIRES OCT.8,2007
Page 2 of 2
—InterMap Page 1 of 2
•
•
GEOGRAPHIC INFORMATION SYSTEMS
Intermap Washington County, Oregon
Navigation: I New Search I Navigator I Home I Help
11716 SW ERROL ST
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" Overlay Information for: 2S103BD11500
Jurisdiction: Tigard
Plan Designation: (Zoning) Please Contact Tigard for zoning information.
Annex Date: 04/05/00
Within Urban Growth Boundary: Yes
Notice: From May 12, 1997 to June 1, 2006,land use decisions and
. building permits in this area were issued by the City of Tigard. Any
permit in this area that may have been issued by the City is not
shown in this database, but the permit records are available at the
City of Tigard.
Within_Metro's Urban Service Area: Yes .
Ground Water Resource Area: COOPER MTN-BULL MTN
Sanitation District: CWS
Water District: Not in Water District
Fire District: TVFR
Fire Management Zone: 6088
Park District: Not In Park District
School District: TIGARD-TUALATIN
Commissioner District: 3
Assessor Area: 2
http://washims.co.washington.or.us/InterMap/InterDetails.cfm 5/29/2007
• •
June 3,2007
City of Tigard,Oregon
Planning Department
Tigard,OR 977223
To Whom It may Concern;
My wife and I as owners of the residence at 11716 SW Errol Street,Tigard,OR 97223 have requested
May Awning and Patio to act on our behalf in assisting us in obtaining a variance from your office in
regards to our desire to have May Awning and Patio construct a patio cover attached to the back of our
home at the above noted location.
We thank you for your consideration of this matter;and should we be able to answer any further
questions regarding this proposed construction please do not hesitate to contact us.
Sincerely;
Richard C.Jones
11716 SW Errol Street
Tigard,OR 97223
Home: (503)747-0789
Cell: (503)332-9440
• .
<
MM v
AWNING & PATIO
5220 NE Columbia Blvd.
Portland, OR 97218
503.282.0140 or 800.214.0140 Phone
503.282.1426 Fax
June 25, 2007
City of Tigard Permit Center
13125 SW Hall Blvd.
Tigard, OR 97223
RE: 11716 SW ERROLL ST—TIGARD, OREGON
PURPOSE: Development Adjustment— 20%reduction for the rear yard setback.
APPROVAL CRITERIA (a—d):
The installation of the patio cover will project to the end of the existing concrete pad the homeowner
currently has installed. They have beautiful landscaping done and a contoured patio deck. We
accommodating the design of the patio cover to the deck design. The patio cover at any smaller
projection would be both inconvenient (the posts)to the customer and aesthetically unappealing.
We will not be removing or shading any landscaping on the premises.
Please let me know if there are any questions I have left unanswered by dialing me at the above number
or emailing me at mayawning@a,msn.com.
Thank you and best regards,
ay Awning & Patio Co.
9,//,
Deborah Plance
General Manager
•
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MAY AWNING AND PATIO CO.
5220 NE Columbia Blvd
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