Loading...
VAR1997-00010 Decision - KEHOE SETBACK VAR J v. s r ),., r S� Y i a x�" ..,'v„' ^4 ° ,: . s � ° s .. p , ii 3 ' ^ � � � � �. ?3 Y „ I ( I ' C SI I i . � 3y£,r S _ 6 ° J;.H .,,c, OF TIOARD F iZ 1'6 1 : 4 1 WAVON:tf i rkirr '1? 1 ' fil 1 1 LP). * w.. ;,..,� 5 ' , iW ,",* .`. .,IA,.'^ ,+ '�, wt 4, ,.` ' ��` 41' '? r - 4*y ,*£ .,r;r x�D ,( < ,� r , - , .:... 53 ` 'a q,, „ -,;,.44., 120 120 DAYS —4/11/97 SECTION I: APPLICATION SUMMARY CASES: FILE NAME: KEHOE GARAGE SETBACK VARIANCE Variance VAR 97 -0010 PROPOSAL: A request by the Kehoe Company for approval of a four (4) -foot variance to the 20 -foot minimum garage setback in the R -25 Zoning District. APPLICANT: The Kehoe Company OWNER: Same PO Box 69501 Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: Medium -High Density Residential; 13 -25 Units Per Acre. ZONING DESIGNATION: Multiple- Family Residential, 25 Units Per Acre; R -25. The purpose of the R -25 Zoning District allows for medium -high density. The medium -high density permits the provision of low to medium rise, multiple - family residential development. • LOCATION: 12870 SW Kameron Way; WCTM 2S105AD, Tax Lot 05000. The property is also defined as Lot 35 of the Scholls Meadows Subdivision. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.56.050 and 18.134.050. SECTION II: DECISION Pt S - = '9 ` ` �S th ',WIT, o f . , 0 , g ,, , �. 0 ® ,, �,, i 0 o " ,,,' .. ' ir a ' ti , J ,# : - s': : :' e IT tea.., I T I ' .,�. < sr al , �'�. t ,.,Q © � = a -- 8 0 s e u o`Condit s _ -p a rt o-o o 0 t =81 C ® =- rel : ©t8- ( F S o 1 -M - - o- 4 e%a.. . i. ...,..- F. .. CZve «as*rst. - +;3^ .sX.;•�.3:�ier NOTICE OF DECISION VAR 97 -0010 - KEHOE GARAGE SETBACK VARIANCE PAGE 1 OF 4 a CONDITIONS OF APPROVAL X "`Er�"C Y -- ,: .:k'. 4 i A dv . .i , : �} 9 �- ® WI C U © € k '4z 0 7: :_. a. ^�; ` �, - s +`" �'".a�R"` c ,.�zN,�, 4xR� ,ajr 3 a,'�1 .::- +� s r P�� a� ,a ...( � t' �: �Q e o e icon J '" WE ;L t Aj '°?.':. Y E A" .E a., r b .7(-` t �, . v „d, _ z rY ". 1. During the building permit phase, indicate that there is a minimum 12' x 20' parking pad that does not intrude onto the sidewalk or street. 2. Prior to final inspections, construct the minimum 20 -foot by 12 -foot (20' x 12') parking pad. This must be provided prior to final inspection and occupancy. SECTION III: BACKGROUND INFORMATION Site History: The site is located outside of the city limits of Tigard, but within the City's Urban Growth Boundary (UGB). The Scholl's Meadows Subdivision was approved under Washington County regulations in June of 1996 and platted in April of 1997. As of July 15, 1997 all land use and building activity in the UGB area is regulated by the City of Tigard in accordance with Tigard's development standards. The developer has secured funding for the construction of a dwelling on this site, which appears to violate the City's required 20 -foot setback from the garage to the property line. Under Washington County standards, this dimension would be permitted provided that a 20 -foot by 12 -foot (20' x 12') pad were available for off - street parking. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Section 18.134.050 allows the Director to approve or approve with conditions, a request for a variance based on the following findings: 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 any other properties in the same zoning district or vicinity; The approval of a variance to the garage setback will not be in conflict with the comprehensive plan, other applicable policies and standards, or to other properties in the same zoning district, and it will not be materially detrimental to the purposes of the code. There are special circumstances that exist which are peculiar to the lot size, 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; NOTICE OF DECISION VAR 97 -0010 - KEHOE GARAGE SETBACK VARIANCE PAGE 2 OF 4 The lot is a pie- shaped corner lot. Because of this shape, the setback line varies as the lot curves so that the setback may be greater at one portion of the lot and less at the other. Most other lots in the subdivision are more standard and this situation does not exist. While this lot may have been able to be configured differently, the subdivision has been platted and the applicant has no control over the unique shape of the lot. 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; There is room for two (2) cars in the garage, as well as (at minimum), 12 feet of pavement in the driveway to park cars out of the right -of -way. At least one (1) standard car and perhaps one (1) compact car could be parked in the driveway. The ability to park at least three (3) cars off- street meets the development code requirement that a single - family residence provide off - street parking for two (2) cars. 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 by this title; and Provided that cars which are parked in the driveway do not intrude into the right -of -way, this variance will not adversely affect existing natural and physical systems. The hardship is not self imposed and the variance requested is the minimum variance which would alleviate the hardship. The subdivision was approved by Washington County and the houses were designed, based on Washington County standards. The subdivision Codes, Covenant's and Restrictions (CC &R's) states that there shall be no modification to the architectural designs of houses in the subdivision. Financing for this lot is based on the specific architectural plan of the house proposed. The hardship exists because the standards changed after financing was arranged and a house for this lot had already been planned. The variance requested is the minimum necessary to alleviate the hardship. SECTION V: OTHER STAFF COMMENTS The Engineering Department and Building Division will be provided with a copy of this notice of decision. These agencies will be able to request that the decision be amended, or set aside if the requested setback variance would conflict with the provision of necessary services or with existing utilities SECTION VI: AGENCY COMMENTS Utility providers are provided with a copy of this notice of decision. These agencies will be able to request that the decision be amended, or set aside if the requested setback variance would conflict with the provision of necessary services or with existing utilities. NOTICE OF DECISION VAR 97-0010 - KEHOE GARAGE SETBACK VARIANCE PAGE 3 OF 4 SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: s', - via aw a z � . - .�" ,' 3 � �'� �d" �,�'� �� � - 4.DECSO r Skto ° � BE fINA , 0N fl 1 44r .I A li r ; 1 .„, , ,, a s sue .,s , .., �� ,. _ x° • , : c ..- , DES ; N P . : . S owv 'ru { ' , a } ' .. " ;v "' ' Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. -4- D E• D IN F@ .'O A�i4RP N S 3: i . ✓ ' ON,1AN41` 1 r +1 Questions: If you have question, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. (,%' %'% /�/i A -' l.'�-- December 24, 1997 PREPAKED BY: Julia Powell Hajduk DATE Associate Planner I , - i . , 7 December 24, 1997 APPROVED BY: Richard Be ersdorff DATE Planning Manager I:\CU RPLMIUUAVCEHOE. DOC NOTICE OF DECISION VAR 97 -0010 - KEHOE GARAGE SETBACK VARIANCE PAGE 4 OF 4 H • I _ ,. , I 1 . - D � , rn I , n T _ _ , _ _ _ + I ( D . . . . .. ,il i l° l°°°°/C'°j'')' . . •-- ._ -` - --- -nu. 15 00' -�- N D a w rn 0 ...? 7' R+ / l I p . / . I . ,i_ .. _ - / o ... CD t I I x I I EN ' I . !i7 {D r ; - y I r / e s CITY OF TIGARD PLANNING DIVISION A ...ink .h • . ........ , .. .. . uw w...v. ±rri w .... •......n MI. + ^r wh'+ 4r.. r . .n. \..Fl..ikn!'�.'M..wII.�.... .... .. _ .. .. .... . . CITY o).....GARD • GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP VAR 91 -0010 Kehoe Co. 0k Jt. Garage Variance � . ‘441111111C s z s 1111133r3 . V r■ o O �� o�s cn W AY cc NM / � W illillilk&Uft < 2 I co MOM ill J ws i "mm illibl la M4tQEE - N rn . . ,,, 0 100 200 300 Feet 07 Q 1'= 221 feet REEN ST p �3 3 r ` 3 ? AS - 111111111 �n r" , City of Tigard O Information on We map Is for general location only end sh ould be verified with D Cr) the Development Services ()Melon. O it/ 13125 SW Hag Blvd - I C 7 (50) 39 872 (503) f139 -4171 1 httpJ .d.tlgard.or.ua Community Development Plot date: Dec 17. 1997: c: \magic \maaicdd.aor