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VAR1-83 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. v u k. ,1a�.,"Fn< rG.w�n 4,w ��*+"+-nt! °,v�.,-R..�bti,., `>>•,••'$. . H IDT PARK/ ED .GAuSE. V 1=83 r r axr 110th & Garden Park Pi . (See ;S 1-83 4 f 1. .. Z: • v • i 1 s. S : ' k It 1. . ,l , ai T • a `. • N O T I C E O F PUBLIC HEARING Notice is hereby given that the Tigard Planning Commission, at its meeting s March 8, 1983 at 7:30 P.M.,in the lecture room on Tuesday, on, will ;_., of Fowler Junior High School, 10865 S.W. Walnut Street, Tigard, Oreg consider the following application: FILE NUMBER- SUBDIVISION S 1-83 VARIANCE V 1-83 r Ed & Ethel Gause OW NF : SAME APPLICANTe 14635 SW 133rd ,: Tigard, Oregon 97223 >. For a preliminary approval of a seven lot subdivision and a Variance to REQUEST: p Y p the minimum lot size of 7500 square feet The proposed lots a tz: one at }; 8,395 sq. ftd with an existing house;; two lots with 7,428 sq. ft. and .: four lots with 6,368 sq. ft. 3 IOCATIO3 110th Avenue and SW Garden Park Place. {Wash. co. Tax Map 251 3DD Lots 1300 and 1301) • (See map on reverse side) 1' 4 The public hearing on this matter will be conducted in accordance with the �� persons having interest rules of procedures of the Planning Corcrnission. Any per in this matter may attend and be heard, or testimony may be submitted i.ra writing to be entered into the record of the initial hearing. Should ou wish to appeal, a written letter addressed to the City Recorder must Y i'' be received. prior to the expiration of the fifteenth day after the decision of the hearing. If notice to appeal is not received within fifteen days, the action • is valid. ;, For further information please contact the Plannding Department at 639-4171. '.rIGARD CITY 12755 S.W. Ash Avenue (Corner of Ash Avenue & Burnham Street) , • :• •. • i • .. j 0' � i_ _ • 125 013 123 ...-------- .. 121 ., .• It3 o c..,8,,..:,3 55 1. FA 6 RAN _.(0,__5___-_....._ 0° IC16 t • .�-., 161.0Y • • �® 412 THIS MAP IS FUKIIShiED AS Al ?; y. 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N89°56 E ,;474)....,,,,,....q.%L6 Pi 19'00 E r.�' .ai 5200 , ,) 1 13C» 1;r�'%', • © a �. Er/•.5 7 c .,J = � • Q 1 5.17 h8 r0 •S. 50.06 . % .®v— Iy ,^ ', 20 1 � � ©k 1O7:10 N .• < 16.6 1 130 1 I, , •��4. • 34.30 500 0 16 .,► 0 89' '12 E ,R (\ ! 'uS !®.70 -y�g �� � 5 mac° 103.93 I _:1841 m∎ 6000 5900 56 3? •°,p '. 4 2 41 I 40 - ,._.„ ��*� ,t...,?:,7,.. ••' . 256/56,1 • 0 / ' / If'" . L 1-'. ,..."‘2C? �e X0.70 ,: To r '. GARDE ro o\ so 100 ° • 32 R.20 14 Z,4 "ti ' ®0-- 100 s 7 ,.. I S 79.32 . '2C3C0 r °P a C" Ifh3,- - --, 17 C r. • CITY OF TICij, WASHINGTON COUNTY,OREGON , NOTICE OF FINAL DECISION 1. The final decision was filed by: Planning Commission S 1-83 Concerning V 1-8.3 on March 8e 1983. Case Number Hate 2. Name of Owner: Edwin & Ethel M. Cause 3. Name of Applicant: Same Address 14635 S.W. 133rd City Tigard, state Ore. 9722: 4. Location of Property: Address 5.14. 1 1 0th Ave. & S.W. Carden Park Place Legal Description 251 3DD lot 1300 & 1301 -., 5. Nature of Application: Seven lot Subdivision with a variance to � r the minimum lot size for four of the lots. 6. Action: 1 j Approval as requested 1XX I Approval with conditions r---1 Denial P* 3 7. Notice: *Notice was published in the newspaper & was mailed to: '.. . • The applicant & owners XX • rxxl Owners of record within the required distance • The affected Neighborhood Planning Organization XX Affected governmental agencies 1 *If there are questions regarding the names of the persons or agencies who received notice, this information is available at the Planning Department. 8. Final Decision: The adopted finding s of fact, decision, and statement of condition can be obtained from the Planning Director, City of Tigard, City Hall, 12755 SW Ash, Oregon P.O.P.0. Box 23397, Tigard, Oreon 97223 C� In the case of ,a decision on an application for a variance, the applicant must acknowledge this form and return it to the City of Tigard, Planning Director, before any building permits will be issued or engineering approval given. Signature of Applicant or App1icant'r: Agent , :e { 0`rk�t , 1`4 . . ....-......' c-1.',.... .',,-, - -: 9. Appeal: An appeal1 has. been filed has not been filed Note:' Any party to the decision may appeal this decision in accordance ;. with Section 18.84.250, which provides that a written appeal may be filed within fourteen days after notice is given and sent. Notice is i given on' 1 6 g 9 therefore the deadline for filing of an appeal is March 30, 1983 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171 . CONDITIONS : le All conditions outlines in V 4-81 must be met. .: 2. The applicant shall submit a site drainage plan to the City's ..... 4, ' Engineering Division for approval prior to issuance of any' Building Permits. 3. If, at the expiration of one year from the date of approval of the Variance, construction of the structure or initiation of the use giving rise to the need for the variance has not begun, the rights given 'by the variance approval shall terminate t ' without further action by the City, the Planning Commission or the City Council. , ,: • . { i MEMORANDUM DATE: February 28, 1983 TO: Planning Commission FROM: Planning Staff te k SUBJECT: Heidi Park Subdivision S 1-83 and Variance V 1-83 `• On May 5, 1981, the Tigard Planning Commission reviewed and approved a Subdivision and Variance request for Heidi Park Subdivision consisting of seven single family building 'lots. The minutes and staff report are attached for your review. The applicant's approval has expired therefore, his request for a time extension must be considered as a new application. Staff has reviewed the information submitted and finds . I the issues and circumstances present at the time of the initial approval ' to be substantially the same. STAFF RECOMMENDATION: Staff recommends approval of the request for the Subdivision and Variance, S 1-83 and V 1-83 with conditions as follows 1. All conditions outlined in \14-81 must be met. 2. The applicant shall submit a site drainage plan to the City's Engineering, Division for approval prior to issuance of any 1 . Building Permits. ` 3. If, at the expiration of one year from the date of approval is of the Variance, construction of the structure or initiation :: of the use giving rise to the need for the variance has :not Y. begun, the rights given by the variance approval shall terms ,ate' � • without further action by the City, the Planning Commission or the City Council. 1 e 1 • MINUT TIGARD PLANNING COMMISSION May 5 1981 •- 7:30 P.m. Fowler Junior. High - Lecture Room 10865 SW Walnut Street, Tigard, OR • Vice President Speaker called the meeting to order at 7:35 ROLL CALL: Present: Bonn, Funk, Helmer, Herron, Kolleas, Owens, Speaker: Moen Excused: Tepedino Absent: None Staff: Howard, Newton Since there were no additions or corrections to the MINUTES of the ss April 7 meeting, they were approved as submitted. • COMMUNICATIONS: The president acknowledged receipt by planning commission members of a number of letters concerning two matters: the j. "Dale's Glen" Subdivision on 94th Avenue, which will be heard as an appeal of the planning director's decision at the June 2 meeting of the commis- sign; and several letters from residents of Ash Avenue protesting the extension of Ash Avenue. These will be considered at an appropriate time. ' Commissioner Funk inquired about a protest against the "penny arcade" type of business which has moved into the Tigard Plaza, apparently without proper authority from the city. Howard explained the situation, and stated the city is aware of it and is working to get the owner in compliance. (Note: A conditional use request for this business will be on the June 2 agenda of the commission.) • The president read the usual notice of authority for and procedure to be followed in the meeting. He then opened the meeting for PUBLIC HEARINGS. 5.1 VARIANCE V 4.-81 (HEIDI PARK SUBDIVISION/ED GAUSE) NPO #3 A request for a variance to minimum lot size of 7500 square feet per lot in an R-7 `Lone - "Single Family Residential". i Washington County Tax Map 2S1 3DD Lot 1301. Howard read the STAFF REPORT and RECOMMENDATIONS. ; The APPLICANT'S PRESENTATION was made by Beth Blount, 21+37 Pacific 1 Avenue, Forest Grove, attorney for the applicant. She called attention to the very small lots with common-wall homes directly to the east, and duplexes on larger lots to the south. She took up the four requirements for a variance in turn. She characterized the extensive street improvements • • • 1 t MINUTES f ' TIGARD PLANKING COMMISSION May 5, 1981 a Page 2. k, , on two streets for a small development as "exceptional or extraordinarY pp . l adjoining properties to •. c©nditans's' which a apply to this property The a east d south are developed at substantially higher densities. the a� � , e. She felt the proposed single family residences, even if on smaller lots,r ` would be a good buffer for the single family residences to the north from the duplexes to the south. She pointed out the request is for only { a- one additional lot over which to spread the approximately $45, C. opment cost, and opined we will get many more variance requests as - "in-fill" situations are developed. The applicant agrees with the Fee conditions. i Y There 'was no PPUBLIC TESTIMONY. :•' GROSS—EXAMINATION AND REBUTTAL: Speaker asked what the hardship is from which the applicant seeks relief. Ms. Blount stated it is economic--he seeks the ability to spread his development costs over an additional lot. Speaker asked what is the property right to be preserved substantially the same as owners in the vicinity. Blount replied the neighboring residences are built on substantially smaller lots with�. g F correspondingly smaller development costs per lot. Speaker asked what exceptional or extraordinarY conditions applied to this property, Blount listed the shape of the property and the requirement that Garden Park Place go through his property, since he could have served his property very adequately off 110th; he is inheriting a situation calling for a ` certain pattern of development because of prior city approvals on sur— rounding property. Moen and Funk had questions about the development L. / of the other half of Garden Park glace adjacent to the undeveloped Wirth property, responded to by Howard. 1 COMMISSION DISCUSSION AND ACTION: Bonn felt the conditions applicable at the time o f the previous hearing on this parcel have �..r t materially I , changed. Moen reported talking with some of the neighbors, who appeared to oppose the duplex or single f�,.�nily attached, but who seemed not to J oppose single family detached even on smaller lots. FunN- had no problems Y.` e . with the request, stating he thinks the area shows compromise, and he is sympathetic to th.:s economic aspect. Owens had visited the property i ' and rather agreed with staff, but felt the, applicant had presented an ie excellent case for his request. The other commissioners agreed with the k applic ant. y Funk MOVED approval of Variance V 4-81 on the finding by the commis-� 1 sion that the conditions for the requested variance are met in this case, 1' and accordingly that the Heid;b Park Subdivision consist of seven lots as ;, ,.: requested by the applicant; and that the eleven conditions recommended i . e. by staff apply. The motion was seconded by Helmer and carried seven to i, . one with Bonn voting no.• 1. • STAFF REPORT •.(" AGENDA NO. 5.1 TIGARD PLANNING 'COMMISSION MAY 5, 1981 7:30 p.m. FOWLER JUNIOR HIGH Lecture Room 10865 SW Walnut Street, Tigard NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED', TO DO SO. SHOULD THIS >• OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING RARING. DOCKET: VARIANCE V 4-•81 NPO # 3 Ed Gause on .10th and Garden Park Place Heidi Park Subdivision APPLICANT: Ed Gause 14635 SW 133 Tigard, OR 97223 -. OWNER: Same REQUEST:, A request for a variance from minimum lot standards of seventy five hundred ('7,500) square feet in an R-7 "Single Family Residential" zone. SMTE LOCATION: SW 110th and Garden Park Place Washington County Tax Map 2S1 3DD Lot 1301 FREVIOUS ACTION: Reference: CU 4-79 On March 6, 1979 the Planning Commission approved a Conditional Use for Mr. Gause to allow construction of one (1) duplex and four (4) single family homes on 1.45 acres. on April 3, 1979, the Planning Commission approved a zone change from R-10 - "Single Family Residential" to R-7 "Single Family Residential", Reference: ZC 8-79 and Ordinance 79-32 of April 23, 1979. A Preliminary Subdivision Plat was .approved on April 16, 1979 to allow four (1) single family lots : .: and one (1) duplex. Reference: V 7-79 This variance allowed the standards of a local street to be reduced to match Garden Park Place. I. FINDINGS OF FACT (L) The Tigard Municipal Code Section 18.76.020 states that: STAFF REPORT 1 - AGENDA NO. 5.1 TIGARD PLANNING COMMISSION MAY 5, 1981.`- 7:30 p.m. 4 FOWLER 3�JNIOR HIGH LECTURE ROOM 1, • 10865 SW Walnut' Street, Tigard Page 2 6 20 Grantin - Conditions. No variance shall be granted by the 18.7 g Planning Commission' unless it can be shown that all of the following .. conditions exist: 1•(1) Exceptional, or extraordinary conditions applying to the property that do not apply generally to other properties' in the same zone or i vicinity, which conditions are ,a result of lot size or shape, topography, or other circumstances•'over which the applicant has no control; (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other r - property in the same Zone or vicinity The authorization o the variance shall not be materially ally detri mental ;t (3) � to the purposes of this title, be injurious to property in the zone or vicinity c in which the property is located, or be otherwise detrimental to the r obectivesof any development , , , (4) The ariance requested is the minimum variance from the provisions } and standards of this title which will` alleviate the hardship- i '. p. < (:Ord. 70-32 S 240-2, 1970) 2) Parcel is zoned R-7 "Single Family Residential" -- Minimum lot ., size is 7,500 square :;eet. 3) Garden Park Place to 110th is unimproved. 110th Street is sub-ry . • standard, abutting this proposed subdivision, and will be brought to local street standards with this development. 4) Surrounding land uses include single family to the north, duplexes to the east and south, Single family to the west across 110th. t�.r.,. 5) Public services are available to_ this site. r ::.. , ... • • 6 Garden Park Place is narrow. Applicant has been granted variance to align his proposed street section with that which already exists. Staff Comment: The applicant i,s requesting a variance to the minimum lot. size in a R-7 zone. Four (,4) lots are app4oxin4ately 6,368 square feet` each, two (2) lots are 7',428' square feet leach, and one (1) lot upon which a house rests in 8,395 square feet. - This house was moved onto the lot. No access was allowed off 1,•• t-'.. • STAFF REPORT AGENDA NO. 5.1 TIGARD PLANNING COMMISSION MAY 5, 1981 - 7:30 p.m. FOWLER JUNIOR HIGH - LECTURE ROOM . I08'5 SW Walnut Street,_ Tigard Page 3 • off Garden Park Place due to the fact that the public street improvements were never completed. It seems appropriate to Staff that the 7,500 square feet lot sizes be' honored in this case for the lots to the North. If this were done, only three (3) lots would be allowed of 8,489 square feet each. The variance to the two (2) southern lots is minor and should be granted. Remember that had the local street been built to standards, the square footage that the applicant is squeezing into one additional small lot would have been used in street construction Another issue is the Wirth property to the south. Mr. Wirth received approval for two (2) duplexes on his parcel but never could find the funds to build. This means that we will not have a full street improvement for approximately 100 feet on the south of Garden Park Place If the planning Commission agrees with Staff, we would eventually have six (6) single family homes in this subdivision: ' One existing house on 8,395 square foot lot Two single family detached on 7,428 riquare foot lots • Three single family detached on 8,489 square foot lots . II III CONCLUSIONARY FINDINGS . m: l) The applicant cannot meet the requirements for a variance as outlined • above. III. STAFF RECOMMENDATION . Staff recommends denial of this variance request for all lots except the two (2), 7,428 square foot lots. .,` Staff recommends, approval of Heidi Park Subdivision to consist of one (1) 8,395 square foot lot with an existing house, two (2) single family detached houses on 7,428 square foot lots and three (3) single family detached houses on 8,489 square foot lots. This plat configuration would be subject to the following' conditions: 1) The fee for a subdivision review shall be paid. A public notification to surrounding property owners will be sent out and Staff will, re-activate • 7 STAFF REPORT F,GENDA NO. .1. TIGARD PLANNING COMMISSION MAY 5, 1981 - 7:30 p.m. FOWLER JUNIOR HIGH - LECTU tE ROOM 10865 SW Walnut Street, Tigard ' Page 4 the file as more than one (1) year has elipsed without progress on the 1 . site. 2) Adequate right-of-way be dedicated on 110th Street to the City and necessary half-street improvements be made to the satisfaction of the It ..f Public Works Director. I. 3) SW Garden Park Place to extend to 110th Street. } 4) No Occupancy Permits•:shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out be the appropriate department. 5) No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes r are agpxoye.d by that depa.tment. App lication for changes will be made in writing and shall include applicable drawings. i 6) Grading and construction plans for all work in public rights-of-way public improvements shall be prepared by a registered professional and all other p p engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will Compliance require Agreement and must be q P (design) approved by the Public Works Department, and must be either .' (1) fully and satisfactorily constructed prior to the recording of any I. Building Permits; or (2) bonded to the City for 100 % of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. 7) All proposed utilities shall be placed underground. ;treet iri)ghting installatitpns shall be approved by the Public Works Department, 8) A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, parks, open space or floodplain areas and shall be prepared by a registered engineer or land surveyorer. 9) All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 10) No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. • • iv? STAFF 12PORT AGENDA NO. 5.1 TIGARD PLANNING' COMMISSION MAY 5, 1981 -- 73O p.m. • FOWLER :JUNIOR HIGH LECTURE ROOM 10865 SW Walnut, Tigard I Page 11) No minor land partitions shall be made in reference to this • ' project unless formal application is made to the City of Tigard Planning ''' Department and the minor land partition is approved and recorded. P Aldi.e . arming Director bI • o i :. ;t fat SW ..,: - i...,. ..'. —,...swaitsvalli_____7,1p417--:-.. . . -, wA , i.. KE . N - _., R PLAN ING SURVEYING Associates . . , ....: ,. 110\80 S.W. ALLEN DLVD., 1fTE 100 1 a iE!TON. OREGON 97005 ,/ (503) 643-9410 , - * ''_ .,-.. .; 648 FUGH STREET,N.E. /SAL.Elkot.OREGON 97301 /(503)362-851 4 . ; y . .��, I 1fL NO7E5 . . i ... :.. - .. .. 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Asti 'n.! i05 94 r, '• GARDEN 47 or a` t' '0 eo— loo • 2700 ''N . 3 . ,�'\ 70.5 2 i..V e 'CO I no' ....., r CZ k , J' ,x 2' .� r 1 Wd5111118LUU reu Ldl Odv .t7c bUd11 Robert & Joyce L rince Jame ;: :: es & Mary Bieber Ray D. Anderson, Jr. 10920 SW Fairhaven Way '. 8690 SW Miller Hill Road T 13665 SW 110th Avenue r-, Tigard, Oregon 97223 Beaverton, OR 97007: Tigard, Oregon 97223 500 427 3200 Warren & Barbara Geer Kenneth & Bibianne Scheckla Donald &, ;41ta Rhodes 13705 SW 110th 10890 SW Fairhaven Way 731 La Buena Tierra Tigard, ORegon 97223 Tigard, Oregon 97223 Santa Barbara, CA 93111 600 428 3300 James & Lanore Van Kleek Melvin E. Johnson James & Mary Bieber 13745 SW 110th 10860 SW Fairhaven Way 8690 SW Miller Hill Road Tigard, Oregon 97223 Tigard, Oregon 97223 Beaverton, OR 97007 1101 429 3400 First Baptist Church of Tigard Laurence & Marjorie Rich Warren Ashmann 11075 SW Gaarde St 10830 SW Fairhaven Way 427 N. Canon Drive #215 Tigard, Oregon 97223 Tigard, Oregon 97223' Beverly Hills, CA 90210 1200 1300 4600 First Baptist Church of Tigard Ronald & Linda Wirth Norman A & Opal Gust 11075 SW Gaarde St. 7 William D. Sproul 7644 SW' Cresmoor Drive Tigard, Oregon 97223 13800 SW 110th Beaverton, Oregon 97005 Tigard, .Oregon 97223 251 3DD 420 1700 4700 Virginia M. Byer John P & Sandra Ryan Norman & Opal Gust • 10825 SW Fairhaven Way 8770 SW Miller Hill Road 7644 SW Cresmoor Drive Tigard, Oregon 97223 Beaverton, Oregon 97005 Beaverton, Oregon 97005 421 2000 4800 Cleo & Helen Reider Keri Nan. Nicolaisen David M. Paine ..' 10855 SW Fairhaven Way 5320 SW Humphrey Blvd. 10028 SW Quail Post. Road Tigard, Oregon, 97223 Portland, Oregon 97221 Portland, OR 97219 422 2100 4900 li Paul J. Williamson Dorothy C. Jordan David M. Paine 10885 SW Fairhaven,Way 7422 SW Virginia Avenue 10028 SW Quail Post Road. Tigard , Oregon 97223 Portland, OR 97219 Portland, OR 97219 • 423 2600 5000 Robert & Catherine poster Noura Mohasin Al-Angary Warren Ashmann 10915 SW Fairhaven Way Robert By Hayyem 427 N. Canon Drive #215 Tigard, Oregon 97223 1900 Avenue of the Stars #2800 Beverly Hills, CA 90210 Los Angeles, CA 90067 2 ` 424 2700 5100' Dennis & Mary Owens Stan & Pamela Rotenberg % Geor e & Carol n Sheldon Warren Ashmann 10945 SW fairhaven Way g y 427 N. Canon Drive #215 Tigard, Oregon 97223 Su. 1920-200 SW Market Street Beverly Hills, CA 90210 Portland, OR 97201 425 3000 5200 Ronald D. Schmitz oak Hill Investment Co. Donald & Sharleen Jessup;` 10950 SW Fairhaven Way 7941 SE Johnson Creek Blvd. 731 La Buena Tierra Oregon 97223 Portland, OR 97206 Santa Barbara, CA 93111 \� II .• : • • Edward & Joan Lewis ,- :_. 2985 NW 144th '..- Beaverton, OR 97005 • 5400 Donald & Sharleen Jessup ' 731 La Buena Tierra • Santa Barbara, CA 93111 5500 •Richard & Jacqueli,'ne 'Roberts 15995. SW Colony Drive Tigard, Oregon 97223 • 5600 Elsie W. Ames 12300 SW Bull Mountain Road Tigard, Oregon 97223 5700 .r : Catherine Hauigan• Attn: Kyle Rotenberg 1440 SW Taylor Portland, OR 9702 5800 > Elsie W. Ames . } 12300 SW Bull Mountain Road Tigard., Oregon 97223 5900 I Roger & Janice Capps �F 3009 SE Lambert Portland, OR 9724.12 6000 Noura Mahasin_ Al-Angary By Hayyem, Robert • '.• 1900 Ave» of the Stars #2800 Los Angeles, CA 90067 . ''' -'- - \ . . ,