Hearings Officer Packet - 06/27/1994•
CITY OF TIGARD
HEARINGS OFFICER
JUNE 27, 1994 - 7:00 P.M.
AGENDA
CALL TO ORDER
2. PUBLIC HEARING
•
2.1 CONDITIONAL USE CUP 94-0006 MINOR LAND PARTITION MLP 94-0007
VARIANCE VAR 94-0004 CRAFT LOCATION: 11730 SW Greenburg Road
(WCTM 1S1 35DC, tax lot 7500). A request for the following development
applications: 1) Conditional Use approval to allow the construction of a duplex; 2)
Minor Land Partition approval to divide one lot into two lots; and 3) Access
variance to the width of the access drive. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.50, 18.88, 18.96, 18.98, 18.102,
18.106, 18.108, 18.130, 18.162, and 18.164. ZONE: R-4.5 (Residential, 4.5
units/acre) The R-4.5 zone allows single-family residential units, duplex residential
units, public support facilities, residential treatment homes, farming, manufactured
homes, family day care, home occupations, temporary uses, and accessory
structures.
3. OTHER BUSINESS
4. ADJOURNMENT
HEARINGS OFFICER - 6127194 - PAGE 2
t ~
COMMUNITY NEWSPAPERS, INC.
P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON. OREGON 97075
Legal Notice Advertising
•City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
•Tigard,Oregon 97223 • ❑ Duplicate Affidavit
•
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )as'
1 Kathv Snvder
being first duly sworn, depose and say that I am the Advertlsing
Director, or his principal clerk, of the.TIGard -Tualatin Times
a newspaper of general circylation as defined in ORS 193.010
and 193.020; published at Ticrard in the
aforesaid coulI~~tY and stat
wdhat th i
Hearincr)P&P A 06 mnor Land Part.-Craft
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for 018E successive and.
consecutive in the following issues:
June 16,1994
J_ M~6~
Subscribed and sworn to ore me tthhiis 16th day of Jun
T Notary PI for Oregon
My Commission Expires:
AFFIDAVIT
Legal
Notice 7920 TT
RECEIV EV
jUH 2 a 1994
r)f -1GARD
The following will be considered by the Tigard Hearings Officer on
Monday, June 27,1994, at 7:00 P.M. at Tigard Civic Center - Town Hall,
13125 S.W. Hall Blvd., Tigard, Oregon. Both public oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter precludes an appeal, and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based on that
criterion. Further information may be obtained from the Planning Division
at 13125 S.W. Hall Blvd., Tigard, OR 97223, or by calling 639-4171.
PUBLIC HEARINGS
CONDITIONAL USE CUP 94-0006
MINOR LAND PARTITION MLP 94-0007
VARIANCE VAR 94.0004 CRAFT
LOCATION: 11730 S.W. Greenburg Road (WCTM 1S1 35DC, tax lot
7500). A request for the following development applications: 1)
Conditional Use approval to allow the construction of a duplex; 2) Minor
Land Partition of the access drive. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.50,18.96, 18.102, 18.106,
18.108, 18.130, 18.162, and 18.164. ZONE: R-4.5 (Residential, 4.5
units/acre). The R-4.5 zone allows single- family residential units, duplex
residential units, public support facilities, residential treatment homes,
farming, manufactured homes, family day care, home occupations,
temporary uses, and accessory structures.
717920 - Publish June 16,1994.
e1.91-- ---.I---
I OFFICIAL SEAL
. ` ROSS A. BURGESS
`4 NOTARY PUBLIC - OREGON
1 COMMI,SiON N4.024552
MY COMWS51ON EXPIRES MAY 18, 1997
T I *R D H E A R I N G S O F F I
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT,)r
AGENDA ITEM: -z -1 CASE NUMBER(S):
OWNER/APPLICANT: C raI 4
LOCATION: , I ?jO GJU' ~~~iDfA VC;f l_ ~J 3 1)C~. ~DC~C I b~ ~s,
J '
DATE OF HEARING: (0 -Z-7
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
FAVOR OPPOSE
+
Name iif ,
r ~ f
Address iA >r ,'~I
Names. ~ 7
Address
~~~✓u~ lam. ~ ~ Z
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
•
•
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Neal and Jeanie Craft
for a minor partition, a conditional use permit for
a duplex, and a variance to width and sidewalk
standards for a driveway at 11730 SW Greenburg
Road in the City of Tigard, Oregon
1. SUMMARY OF THE REOUEST
FINAL ORDER
MLP 94-0007
CUP 94-0006
VAR 940004
(Craft)
The applicant requests approval of a minor land partition to divide one lot of about 25,370
square feet into two parcels of about 13,050 and 12,230 square feet; a conditional use
permit for a duplex; and a variance to waive the requirement for a sidewalk adjoining the
private driveway to serve the lots and to narrow the width of the driveway from 30 to 25
feet. The proposed lots and development otherwise will comply with applicable
dimensional and development standards of the City.
Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application
on June 27, 1994. City staff recommended conditional approval of the applications. The
applicant accepted the staff report and recommendation. The owner of an adjoining lot
testified about the need for fencing between his lot and the duplex lot. No one else
appeared at the hearing or submitted written testimony about the application.
LOCATION: 11730 SW Greenburg Road, east of SW 90th Avenue, north of SW
Greenburg Road, and west of SW 91st Avenue; WCTM 1 S 1 35DC, Tax Lot 7500
COMPREHENSIVE PLAN: Low density
ZONING: R-4.5 (Residential, 4.5 units per acre)
APPLICANT AND OWNER: Na and Jeanie Craft
APPLICABLE LAW: Community Development Code Chapters 18.50, 18.88, 18.96,
1898, 18.102, 18.106, 18.108, 18.130, 18,150, 18.162 and 18.164. Comprehensive
Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, and 8.1.3.
STAFF RECOMMENDATION: Conditionally approve
HEARINGS OFFICER DECISION: Conditionally approved
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. EXISTING SITE CONDITIONS
1. The site is on the north side of SW Greenburg Road between SW 90th and 91st
Avenues. The site contains about 0.58 acre, a single family home and a barn. A 12-foot
wide driveway provides access from SW Greenburg Road opposite SW Lincoln Avenue.
The west side of the driveway is about 5 feet from the existing home. There are three
conifer trees near the east side of the existing driveway. There is a 6-foot high wood fence
along the Greenburg Road frontage.
Page I Hearings Officer Final Order
CUP 94-00061MLP 94-00071VAR 94-0004 (Craft)
0 0
2. The site and adjacent properties to the north and west are zoned R-4.5.
Properties to the southeast are zoned R-7 (Residential, 7 units per acre) and C-P
(Professional Commercial). The vicinity of the site is developed with a mix of single
family and duplex residential uses. Further southeast along Greenburg Road are offices
and retail uses.
B . PROPOSED USE AND DEVELOPMENT
1. The applicant proposes to divide one parcel into two parcels and to build a
duplex on the new lot. The proposed lot size for parcel 1 (front lot) and parcel 2 (duplex
lot) are about 13,050 and 12,320 square feet respectively. Lot widths for parcel 1 and
parcel 2 are 100 and 105 feet respectively.
2. Access to the two parcels is proposed to be a common driveway in a 30-foot
easement following the existing driveway to Greenburg Road. The driveway will have a
25-foot paved section widening to 30 feet at the intersection with Greenburg Road. The
applicant requests approval of a variance from City driveway standards to waive the
requirement for a sidewalk, because, due to the location of the home, providing a sidewalk
would require removal of the existing conifer trees. Because the driveway will not include
a sidewalk, the applicant requests a variance to reduce the required width of the driveway
from 30 to 25 feet.
C. STREETS
SW Greenburg Road is a Major Collector on the City Comprehensive Plan. It is
developed to City standards adjoining the site, including a 30-foot minimum half-width
right of way and 22-foot minimum paved width between curbs and sidewalks.
D. SANITARY SEWER
There is an 8-inch public sanitary sewer line in SW Greenburg Road stubbed-out to
the property line. Both proposed lots will be served by the sewer. The sewer lateral and
trunk lines have sufficient capacity for the proposed development.
E. STORM SEWER
1. The site slopes south from a high point of about 207 feet above mean sea level
to a low of about 200 feet msl adjoining SW Greenburg Road. City staff recommend that
the applicant collect storm water on-site and direct it to a catch basin in Greenburg Road.
2. The Unified Sewerage Agency has established, and the City has agreed to
enforce, Resolution and Order No. 91-47 which requires on-site water quality facilities or
fees in-lieu of such facilities. Section 7.10b of the Resolution and Order cites conditions
under which the fee in-lieu may be accepted. Specifically, it provides, that if "[t]he site is
small compared to the development plan, and the loss of area for the on-site facility would
preclude the effective development, the fee may apply." City staff recommend that a fee in-
lieu be required.
III. APPLICABLE APPROVAL STANDARDS
The Hearings Officer incorporates by reference the approval standards cited in
Section III of the City of Tigard Staff Report dated June 20, 1994.
Page 2 Hearings Orcer Final Order
CUP 94-00061MLP 94-00071VAR 94-0004 (Craft)
•
•
IV. HEARING. TESTIMONY. AND NPO & AGENCY COMMENTS,
A. HEARING
Hearings Officer Larry Epstein received testimony at the public hearing about this
application on June 27, 1994. A record of that testimony is included herein as Exhibit A
(Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony).
These exhibits are filed at the Tigard City Hall.
B. SUMMARY OF SELECTED RELEVANT TESTIMONY
1. City Planner Will D'Andrea testified for the City. He summarized the staff
report and recommendation.
2. Donald Bryant testified for the applicant. He accepted the staff report and
recommendations without objection, but requested clarification of two of the recommended
conditions of approval.
3. LaMar Bell, who owns an adjacent property to the north, testified with concerns
that people who reside in the duplex will trespass on his property. He requested that the
applicant be rewired to fence their common property line.
4. In response to a question by the Hearings Officer, Mr. D'Andrea opined that
the proposed variance appears to comply more with the variance criteria in 18.134.050 than
with the access variance criteria in Section 18.108.150.
C. NPO AND AGENCY COMMENTS
The Hearings Officer incorporates by reference the NPO and agency comments in
Section IV of the City of Tigard Staff Report dated June 20, 1994.
V. EVALUATION OF REQUEST
A. MINOR LAND PARTITION AND CONDITIONAL USE PERMIT
The Hearings Officer incorporates by reference the findings about compliance with
the Community Development Code and Comprehensive Plan in Section V of the City of
Tigard Staff Report dated June 20, 1994.
B . VARIANCE
1. Section 18.108.070(a) requires one access with a width of 30 feet (24 feet of
pavement, curbs and a 5 foot sidewalk) if three dwelling units are to be served by a private
drive. Section 18.108.120 provides that the variance standards in Section 18.108.150 can
be applied where access and egress drives "cannot be readily designed to conform to Code
standards within a particular parcel" and access cannot be provided with adjoining
property. The sidewalk variance is requested principally to allow the applicant to preserve
the existing conifer trees that would otherwise have to be removed. Section 18.108.120
does not include saving trees as a factor for granting a variance. However, Section 18.134
provides standards for variances from all Code requirements. Section 18.134.050
authorizes the Hearings Officer to approve a variance if it complies with the following
approval criteria:
Page 3 Hearings Officer Final Order
CUP 94-00061MLP 94-00071VAR 94-0004 f Craft)
0 0
a. The proposed variance will not be materially detrimental to the
purposes of this title, be in conflict with the policies of the comprehensive
plan, to any other applicable policies and standards, and to other properties
in the same zoning district or vicinity;
b. 77zere are special circumstances that exist which are peculiar to
the lot size or shape, topography or other circumstances over which the
applicant has no control, and which are not applicable to other properties in
the same zoning district,
c. The use proposed will be the same as permitted under this title
and City standards will be maintained to the greatest extent that is
reasonably possible while permitting some economic use of the land;
d. Existing physical and natural systems, such as but not limited to
traffic, drainage, dramatic land forms, or parks will not be adversely
affected any more than would occur if the development were located as
specified in the title; and
e. 77ze hardship is not self-imposed and the variance requested is
the minimum variance which would alleviate the hardship.
2. The Hearings Officer finds a variance is warranted in this case to waive the
required sidewalk adjoining the private driveway and the resulting width of the driveway,
based on Section 18.134.050 and the following:
a. The variance will not be materially detrimental to the purposes of the
zoning code, nor be in conflict with policies of the comprehensive plan, other applicable
policies and standards or with other properties in the R-4.5 zoning district or in the vicinity,
because the proposed development otherwise complies with the applicable policies and
standards; the paved driveway provides substitute pedestrian facilities on-site; if provided,
the sidewalk would not serve other members of the public; and the variance facilitates use
of the site for a residential purpose consistent with the use and density standards of the
zone and preserves trees.
b. The special circumstances justifying the variance include the existence
of three conifer trees next to the driveway and the relationship of the property and the
driveway to a major collector street. The location of the shared access drive is the best
location considering the location of SW Lincoln across SW Greenburg Road. The
applicant has no control over these circumstances. These circumstances are not generally
applicable to other properties in the same zoning district.
c. The proposed use would be the same whether or not the variance were
granted. All other City standards will be maintained.
d. A variance to the sidewalk requirement will affect existing physical or
natural systems less than if the variance is not granted.
e. The hardship is not self-imposed, because the trees have been situated
where they are for many years. The applicant had no control over the location of the trees
or the surrounding street intersections onto Greenburg Road. The variance requested is the
minimum which would alleviate the hardship, because the full standard pavement width is
being improved. If the driveway is widened to the west, it would extend into the setback
for the existing home.
Page 4 Hearings Officer Final Order
CUP 94-00061MLP 94-00071VAR 94-0004 (Craft)
• •
VI. SITE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site and surrounding area. He observed the
existing access to and structures, vegetation, and grades on the site and adjoining property
and the condition of the adjoining streets.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed conditional use permit does or
will comply with the applicable criteria and standards of the Community Development
Code, provided development that occurs after this decision complies with applicable local,
state, and federal laws and with conditions of approval warranted to ensure such
compliance occurs.
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and other reports of affected agencies and public testimony and exhibits
received in this matter, the Hearings Officer hereby approves MLP 94-0007 to partition the
lot into two lots; VAR 94-0004 to waive the provision of a sidewalk and to reduce the
width of the driveway accordingly; and CUP 94-0006, to allow a duplex, subject to the
conditions of approval recommended in the June 20, 1994 Staff Report and the following:
Because the variance is based on preservation of the three trees near the driveway, a
condition of approval is warranted providing that, before approval of the final plat and after
construction of the private driveway, the applicant shall show that the existing trees are
preserved.
Page S Hearings Officer Final Order
CUP 94-00061MLP 94-00071VAR 94-0004 (Craft)
•
•
AGENDA ITEM .2 J1
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Craft to divide one lot MLP 94-0007
into two and construct a duplex upon the new lot. CUP 94-0006
Also an access variance request to waive the provision
of a sidewalk.
1. SUMMARY OF THE REQUEST
CASE: Minor Land Partition MLP 94-0007
Conditional Use Permit CUP 94-0006
SUMMARY: A request for the following development applications: 1) Minor Land Partition
approval to divide one lot of approximately 25,370 square feet into two parcels
of approximately 13,050 and 12,320 square feet; 2) Conditional Use approval
to allow the construction of a duplex; 3) Access variance approval to waive the
provision of a sidewalk.
APPLICANT: Neal and Jeanie Craft OWNER: Same
11730 SW Greenburg Road
Tigard, OR 97223
COMPREHENSIVE PLAN DESIGNATION: Low Density
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre)
LOCATION: 11730 SW Greenburg Road (WCTM 1S1 35DC, tax lot 7500). East of SW 90th
Avenue, north of SW Greenburg Road, and west of SW 91st Avenue.
APPLICABLE LAW: Community Development Code Chapters 18.50, 18.88, 18.96, 18.98,
18.102, 18.106 18.108 18.130, 18.150, 18.162. 18.164 Comprehensive Plan Policies 2.1.1,
4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
H. SITE AND VICINITY INFORMATION
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT
Pagel
0 0
A. Backeround Information:
No other development applications have been filed with the City of Tigard.
B. Site Information and Pronosal Descrintion:
The site is developed with a single family residence and barn. The site has access onto
SW Greenburg Road. The applicant is proposing to divide one parcel into two parcels
and to build a duplex on the newly created lot. The applicant is also requesting for
an access variance to waive the requirement of a sidewalk along the access drive.
C. Vicinitv Information:
The subject parcel is zoned R-4.5 (Residential, 4.5 units per acre). The adjacent
properties to the north and west are also zoned R-4.5. Properties to the southeast are
zoned for both R-7 (Residential, 7 units per acre) and C-P (Professional Commercial).
The area is developed with a mix of residential and commercial uses, with residential
being the predominant use.
III. APPLICABLE APPROVAL STANDARDS
A. Communitv Development Code:
1. Chapter 18.50.040 lists Duplex as a Conditional Use in the R-12 zone.
2. Chapter 18.130.040 contains the following general approval criteria for a
Conditional Use:
1) The site size and dimensions provide adequate area for the needs of the
proposed use;
2) The characteristics of the site are suitable for the proposed use
considering size, shape, location, topography, and natural features.
3) All required public facilities have adequate capacity to serve the
proposal.
4) The applicable requirements of the zoning district are met except as
modified by this chapter.
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Paget
0 0
5) The supplementary requirements set forth in Chapter 18.114 (Signs) and
Section 18.120.180 (Approval Standards) Site Development Review, if
applicable, are met.
6) The use will comply with the applicable policies of the Comprehensive
Plan.
3. Section 18.130.150fC41 15 contains the following additional Conditional Use
criteria for duplexes:
1) Lot Size: Minimum lot size shall be 10,000 square feet.
2) Solar access requirements, Ch. 18.88, shall be met; and
3) The remaining dimensional requirements of the underlying zoning
district shall apply.
Section 18.162.040 contains the following general approval criteria for a Minor
Land Partition:
1. The proposal conforms with the City's Comprehensive Plan;
2. The proposed partition complies with all statutory and ordinance
requirements and regulations;
3. Adequate public facilities are available to serve the proposal;
4. All proposed lots conform to the size and dimensional requirements of
this title; and
5. All proposed improvements meet City and applicable agency standards
(Ord. 89-06; Ord. 83-52).
Section 18.162.050 contains the following special provisions for lots created through
the Partition Process:
A. Lot Width: The minimum width of the building envelope area shall
meet the lot requirement of the applicable zoning district.
HEARINGS OFFICER - CUP 94-0006/ML,P 94-0007 - CRAFT Page3
0 0
B. Lot Area: The lot area shall be as required by the applicable zoning
district. In the case of a flag lot, the accessway may not be included in
the lot area calculation.
C. Lot Frontage: Each lot created through the partition process shall front
a public right-of-way by at least 15 feet or have a legally recorded
minimum 15 foot wide access easement.
D. Setbacks: Setbacks shall be as required by the applicable zoning
district.
E. Front Yard Determination for Flag Lot: When the partitioned lot is a
flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall
generally be located so as to maximize separation from existing
structures.
F. Screening on Flag Lots: A screen shall be provided along the property
line of a lot of record where the paved drive in an accessway is located
within ten feet of an abutting lot in accordance with Sections
18.100.080 and 18.100.090. Screening may also be required to
maintain privacy for abutting lots and to provide usable outdoor
recreation areas for proposed development.
G. Fire Protection: The fire district may require the installation of a fire
hydrant where the length of an accessway would have a detrimental
effect on fire fighting capabilities.
H. Reciprocal Easements: Where a common drive is to be provided to
serve more than one lot, a reciprocal easement which will ensure access
and maintenance rights shall be recorded with the approved partition
map.
I. Accessway: Any accessway shall comply with the standards set forth
in Chapter 18.108, Access, Egress, and Circulation.
J. Where landfill and/or development is allowed within or adjacent to the
one-hundred-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page4
•
•
floodplain. This area shall include portions at a suitable elevation for
the construction of a pedestrianlbicycle pathway with the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
5. Section 18.50.050 (R-4.5 Zone) states that the average minimum lot width shall
be 50 feet and that no building shall exceed 30 feet in height. In addition the
following setbacks apply: front - 20 feet; side - 5 feet; and rear - 15 feet.
6. Section 18.88.040(C)(1) contains solar access standards for new residential
development. A lot meets the basic solar access lot standard if it has a north-
south dimension of 90 feet or more and has a front lot line that is oriented
within 30 degrees of a true east-west axis. A Minor Land Partition application
complies with the basic requirement if 80% or more of the newly created
parcels meet this standard.
7. Section 18.96.080 and 18.96.090 (Flag lots) states that the lot area shall be
provided entirely within the building site area exclusive of any accessway and
that the owner may determine the location of the front yard, provided no side
yard setback area is less than 10 feet and provided the requirements of section
18.98.030, Building Heights and Flag Lots, are satisfied.
8. Section 18.98.030(B) states that the maximum height for a duplex on a flag lot,
or a lot having sole access from a private drive or easement is 1-1/2 stories or
25 feet; whichever is less, except that the maximum height may be 2-1/2 stories
or 35 feet, whichever is less, provided:
1. The proposed dwelling otherwise complies with the applicable
dimensional requirements of the zoning district;
2. A 10 foot side yard will be preserved;
3. A residential structure on any abutting lot either is located 50
feet or more from the nearest point of the subject dwelling, or
the residential structure exceeds 1-1/2 stories or 25 feet in height
on any abutting lot; and
4. Windows 15 feet or more above grade shall not face dwelling
unit windows or patios on any abutting lot unless the proposal
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Pages
0 0
includes an agreement to plant trees capable of mitigating direct
views, or that such trees exist and will be preserved.
9. Section 18.106.030(A)(2) (Parking) requires 2 spaces for each dwelling unit,
at least one of which shall be covered.
10. Section 18.108.070(A) (Access) requires 1 access with a width of 30 feet ( 24
feet of pavement, curbs and a 5 foot sidewalk) if three lots are to be served by
a private drive.
11. Section 18.108.150 (Access Variance) contains the following general approval
criteria for an Access variance:
1. It is not possible to share access;
2. There are no other alternative access points on the street in
question or from another street;
3. The access separation requirements cannot be met;
4. The request is the minimum variance required to provide
adequate access;
5. The approved access or access approved with conditions will
result in a safe access; and
6. The visual clearance requirements of Chapter 18.102 will be
met.
12. Section 18.102.020 (Visual Clearance) requires that a clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways
or the intersection of a public street and a private driveway. A clear vision
area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three feet in height. The code
provides that obstructions which may be located in this area shall be visually
clear between three and eight feet in height (trees may be placed within this
area provided all branches below eight feet are removed). A visual clearance
area is the triangular area formed by measuring a 30 foot distance along the
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page6
0 0
street right-of-way and the driveway and then connecting these two 30 foot
distance points with a straight line.
13. Chapter 18.150 requires a permit and contains standards for removal of trees
having a trunk 6 inches or more in diameter measured four feet above the
ground on undeveloped residential land. A permit for tree removal must
present rationale which complies with specified criteria in order to obtain
approval.
14. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the classification
of the street.
b. Section 18.164.030(E) requires a major collector street to have a
minimum 60 foot right-of-way and a 44 foot minimum roadway width,
and 2 moving lanes.
C. Section 18.164.070(A)(1)(a) requires sidewalks on both sides of
arterial and collector streets.
d. Section 18.164.090 requires sanitary sewer service.
e. Section 18.164.100 requires adequate provisions for storm water runoff
and dedication of easements for storm drainage facilities.
B. Applicable Comprehensive Plan Policies.
1. Policy 2.1.1 provides the City will assure that citizens will be provided an
opportunity to participate in all phases of the planning and development review
process.
2. Policy 7.1.2 provides the City will require, as a condition of development
approval, that public water, sewer, and storm drainage will be provided and
designed to City standards and utilities placed underground.
3. Policy 7.3.1 provides the City will coordinate water services with water
districts.
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page7
•
•
4. Policy 7.4.4 requires all new development to be connected to an approved
sanitary sewer system.
5. Policy 7.6.1 provides that the City shall require as a precondition to
development that:
a. The development be served by a water system having adequate water
pressure for fire protection purposed;
b. The development shall not reduce the water pressure in the area below
a level adequate for fire protection purposes; and
c. The applicable fire district review all applications.
6. Policy 8.1.3 provides the City will require as a precondition of approval that:
a. Development abut a dedicated street or have other adequate access;
b. Street right-of-way shall be dedicated where the street is substandard in
width;
C. The developer shall commit to construction of the streets, curbs,
sidewalks to City standards within the development.
d. The developer shall participate in the improvement of
existing streets, curbs, and sidewalks to the extent of the development's
impacts;
IV. AGENCY COMMENTS
1. The City of Tigard Engineering Department has reviewed the proposal and has
provided comments which are summarized in the analysis of Section 18.164 below.
2. The City of Tigard Building Division requires the removal of all site utilities (if
applicable) under the proposed duplex and cap-off per applicable requirements. Is the
deck used for the first or second story of the existing house, what is the height above
grade? Is the setback to the existing deck from the proposed lot line adequate?
HEARINGS OFFICER - CUP 94-0006/NI LP 94-0007 - CRAFT Page8
3. Unified Sewerage Agency states that each lot should have its own connection to the
public storm and sanitary sewer without crossing any other lot. Extension of the public
sewer may be necessary.
4. The City of Tigard Public Works Department, Portland General Electric, have
reviewed the proposal and have offered no comments or objections.
V. EVALUATION OF REQUEST
1. Compliance with Communitv Development Code.
Section 18.130.040: The construction of a duplex in an R-4.5 zone requires a
Conditional Use approval. This proposal is consistent with the applicable approval
standards. The site will provide adequate area for the proposed duplex. Site
characteristics are suitable for the proposed duplex. There are no significant trees,
water courses, wetlands or other natural features on the site. Adequate public facilities
are available to serve this proposal. Compliance with the applicable zoning district
requirements, Conditional Use and Comprehensive Plan Policies can be satisfied by this
proposal as demonstrated by the analysis presented within this report and review
process.
Section 18.130.150(C)(15) is satisfied. The proposed lot size for the duplex is
approximately 12,320 square feet, exceeding the minimum 10,000 square foot
requirement. Solar access is satisfied as discussed in Section 18.88 below. The lot
satisfies the dimensional requirements of the R-4.5 zone as indicated on the site plan
and discussed in Section 18.162 below.
Section 18.162.040. The proposal conforms with the City's comprehensive plan in that
the newly created lots will continue to allow for residential development. This
proposal therefore is not in conflict with the Low Density Comprehensive Plan
designation. This proposed partition complies with all statutory and ordinance
requirements and regulations as demonstrated both by the analysis presented within this
recommendation and by this application and review process. Adequate public facilities
are available to serve the proposal.
Section 18.162.050. Criteria A is satisfied as the proposed lot widths for parcel 1
(front lot) and parcel 2 (rear lot) are approximately 100 and 105 feet respectively,
exceeding the 50 foot average minimum lot width requirement. The proposed lot sizes
for parcels 1 and 2 are 13,050 and 12,320 square feet, exceeding the 7,500 and 10,000
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page9
0 0
minimim lot size. Parcel 1 fronts SW Greenburg Road with approximately 98 feet of
frontage, exceeding the minimum 15 foot frontage requirement. Parcel 2 shall have
frontage through a legally recorded access easement of a minimum of 24 feet, thereby
satisfying Criteria C. A site visit by staff found that there is an existing barn structure
currently on the subject property which is not shown on the site plan. The applicant
shall be required to obtain a demolition permit to remove the structure or to modify
the site plan to incorporate the structure to comply with the setback standards. The
rear yard accessory structure setback is 5 feet. The preliminary plan indicates that the
existing house is 15 feet from the rear yard setback, with the deck protruding into the
setback area. Chapter 18.96.070(C) allows decks to project into the required rear yard
so long as the yard is not reduced to less than three feet. The deck offers a 6 foot
setback, complying with this requirement. Setbacks on parcel I are satisfied.
Setbacks on parcel 2 will be reviewed when it is built upon. Criteria E is not
applicable to parcel 1. Setbacks will be reviewed on parcel 2 when it is built upon,
thereby satisfying Criteria E. Criteria F is not applicable because driveway is not
located within 10 feet of an abutting lot. Fire hydrants shall be consistent with
Uniform Fire Code standards thereby satisfying criteria G. A reciprocal access
easement and joint use and maintenance agreement shall be recorded with the approved
partition plat thereby satisfying criteria H. The plan indicates a 30 foot driveway
apron with a 25 foot access drive. The applicant is requesting for an access variance
from the required width of 30 feet to 25 feet. Criteria I shall be satisfied as discussed
in section 18.108.150 below. Criteria J is not applicable to these parcels as neither are
within the floodplain.
Section 18.50. The applicant is proposing a duplex. Code Section 18.50.040 allows
duplexes as a Conditional use. Setbacks and building height on the rear parcel will
be reviewed when it is built upon, however the preliminary site plan indicates that
compliance is feasible. The applicant shall obtain a demolition permit for the existing
barn structure or incorporate the structure to comply with the 5 foot rear yard setback
standard for accessory structures.
Section 18.88. This criteria is satisfied as both lots exceed the 90 foot minimum north
- south dimension and front lot line oriented within 30 degrees of a true east-west axis.
Section 18.96.080 and 18.96.090. This criteria is satisfied as the newly created parcel
contains approximately 12,320 square feet which is exclusive of the access drive.
Setbacks on the new parcel will be reviewed when it is built upon, but the preliminary
site plan indicates that compliance is feasible.
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page10
• •
Section 18.98.030. This criteria shall be satisfied as building height shall be reviewed
for compliance at the time of building permit application.
Section 18.106.030(A)(2). The preliminary site plan does not indicate the provision
of covered parking on parcel 41, therefore the applicant shall submit a revised site plan
showing the provision of one covered parking space for parcel #1. Parking for parcel
#2 shall be reviewed when it is built upon.
Section 18.108.070. The preliminary site plan shows the provision of one access onto
SW Greenburg Road. The plan indicates a 30 foot driveway apron with a 25 foot
access drive. The minimum required pavement width is 24 feet, therefore the site plan
complies with the access standard related to driveway width. The applicant is
requesting for an access variance to waive the requirement of a sidewalk. The
applicant is requesting this variance in order to protect and save an 85 year old tree
which is located adjacent to the existing driveway. This variance request is addressed
below.
Section 18.108.150. The applicant could provide two separate 15 foot driveways on
this parcel. However, since SW Greenburg Road is classified as a major collector
street, one common access drive is the prefered alternative. It is also not possible to
share access with adjacent properties. The location of the shared access drive is the
best location given the street locations across SW Greenburg Road, nor are there
opportunities for access on another street. Access separation requirements are not
applicable to this request. The request is the minimum variance required to provide
adequate access, in that the waiver of the sidewalk will still afford safe and adequate
access. It should be noted that since the submission of this application, the City of
Tigard has adopted new access standards. The new standard would require this
application to provide only a 25 foot access width with only 20 feet of pavement, with
no provision of curbs or sidewalk. The subject application request will therefore not
be contrary to the intent of this code section and will provide for adequate access for
this proposal. Vision clearance requirements shall be satisfied as discussed below. The
access variance criteria are therefore satisfied.
Section 18.102. A revised site plan shall be submitted which shows compliance with
the vision clearance requirement. The applicant presently has a 6 foot, wooden fence
along the front yard. Section 18.100.090 allows 6 foot fences in the front yard along
streets classified as collector streets. The applicant shall be allowed to maintain the
height of the existing fence but shall be required to provide the required vision
clearance area.
HEARINGS OFFICER - CUP 94-00061MLP 94-0007 - CRAFT Pagel I
0 0
Section 18.150. This requirement will be satisfied as a tree removal permit will be
required for the removal of trees with trunk diameters of six inches or more in
diameter.
PUBLIC FACILITY CONCERNS:
Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm
Drains) shall be satisfied as specified below:
1. STREETS:
The site is located on SW Greenburg Road westerly of SW 90th Avenue, opposite SW
Lincoln Avenue. SW Greenburg road is classified as a Major Collector on the City
Comprehensive Plan, and is fully developed to the ultimate width.
The proposed access to the two parcels is a private easement connecting to SW
Greenburg Road at the existing driveway constructed for the existing home, with the
street widening in 1992. However, the existing driveway is only 12 feet wide and
should be widened to the 24 feet. The applicant shall obtain a street opening permit
for the new construction. The maintenance of the private access should be the joint
responsibility of the two properties.
2. SANITARY SEWER:
The site currently has 8 inch public sanitary sewer lines located in the adjacent street,
with sewer stubs to the property line. An additional sewer lateral shall be constructed
for the new parcel and the applicant should obtain a street opening permit for this
construction. The main line has sufficient capacity for this development and no
additional public improvements are required.
3. STORM SEWER:
The site slopes in a westerly direction towards SW Greenburg Road. The stormwater
run-off should be collected on-site and directed to a curb outlet in SW Greenburg
Road.
The Unified Sewerage Agency has established and the City has agreed to enforce
(Resolution and Order No. 91-47) Surface Water Management Regulations requiring
the construction of on-site water quality facilities or fees in-lieu of their construction.
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page 12
•
•
Section 7.10b of the above noted Resolution and Order cites conditions under which
the fee in-lieu may be accepted. Specifically, it provides, that if, "The site is small
compared to the development plan, and the loss of area for the on-site facility would
preclude the effective development.", the fee may apply. It is our opinion that this site
is consistent with this criteria, and we recommend that a fee in-lieu be required.
2. Compliance with Comprehensive Plan Policies:
This proposed Conditional Use complies with all applicable Comprehensive Plan
Policies as follows:
1. Citizen Involvement. Policy 2. 1.1 is satisfied because the applicant held a
neighborhood meeting, notice of the application and public hearing on this item
was provided to the Citizen Involvement Team East Representative, to owners
of property in the vicinity of the site and in a newspaper of general circulation.
The site has also been posted with a sign which states that a land use
development application is pending for this property.
2. Public Facilities and Services. The conditional use complies with Policies
7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public
Agencies have been provided with copies of the proposed development
application. All utilities are available to serve this proposal.
3. Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of
the development plan in compliance with Policy 7.6.1. The Fire Department
has not provided comments or objections to the provision of service in this area
to this development.
4. Transportation. This application complies with Policy 8.1.3 because SW
Greenburg Road has been developed at Major Collector street standards.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request will promote the general
welfare of the City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies with applicable
local state and federal laws.
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Pagel3
1
•
•
In recognition of the findings, staff recommends APPROVAL of Minor Land Partition 94-0007
and Conditional Use Permit CUP 94-0006 subject to the following conditions:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE RECORDING
OF THE FINAL PLAT. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL
CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT,
639-4171.
1. A partition survey plat and an outbound description shall be submitted to the
Engineering Department before recording. The plat shall clearly show:
A. The access easement as well as ownership and maintenance
responsibilities,
B. The private sanitary easements.
STAFF CONTACT: John Hadley, Engineering Department (639-4171)
2. Revised site and landscape plans shall be submitted for review by the Planning
Division, Staff Contact: Will D'Andrea. The revised plans shall include the following:
a. A demolition permit shall be obtained from the City of Tigard Building
Division to remove the existing barn structure or the revised site plan
shall incorporate the structure to comply with the setback standards. The
accessory structure setback is 5 feet.
b. Lot areas after modifications have been made to satisfy the setback
requirements, if the accessory structure is to be retained.
C. Provision of one covered parking space for parcel 91
d. Compliance with vision clearance criteria.
3. Final partition map shall include a 24 foot access easement across parcel 1 for the
benefit of parcel 2.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE
OF BUILDING PERMITS:
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Page 14
0 0
4. The applicant shall obtain a street opening permit for the new sewer and driveway
construction in SW Greenburg Road. STAFF CONTACT: John Hagman, Engineering
Department (639-4171)
THE FOLLOWING CONDITION(S) SHOULD BE REOUIRED PRIOR TO THE
CERTIFICATE OF OCCUPANCY:
5. Provide the Engineering Department with a recorded mylar copy of the final survey;
or if not recorded with Washington County but has been approved by the City of
Tigard the applicant shall have 30 days after recording with Washington County to
submit the copy.
6. The applicant shall provide a copy of the joint access agreement with the adjoining
property to the north, or a copy of the covenants, conditions and restrictions that apply
to both properties that guarantee mutual access and that provide for the maintenance
of said access in perpetuity. As an alternative, the notation of the access and
maintenance agreement may be made on the final partition plat.
STAFF CONTACT: Diane Jelderks, Engineering Department (639-4171)
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Prepared by: fV~O`
William D'Andrea
Assistant Planner
i
Approved by:
Dick Bewersdorfr
Senior Planner
c -2~6--1
Date
Date
HEARINGS OFFICER - CUP 94-0006/MLP 94-0007 - CRAFT Pagel5
i c
6
' I
h I
m ;
t
GRf ENB~pc? < V
y ~ d
LO M ITA z
OELA
z to
'ANGELA a < hyG ~
~ N
l z
O
I-
-PLOT PLAIN CASE NO.
EXHIBIT MAP T DATE:
•
oS
t d ~ i
~t
~F
4 ,
t
0
l"-
4 t
00,
~JIIN
aa
sow
d1
4
. -pl
r