VAR2013-00019 VAR2O13 - 00019
WALTERS SIDE
YARD SETBACK
ADJUSTMENT
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DEVELOPMENT USI MENT (VAR)301340013 • NI
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120 DAYS = 02/05/2014
SECTION I. APPLICATION SUMMARY
FILE NAME: WALTERS SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Development Adjustment (VAR) VAR2013-00019
PROPOSAL: The applicant requests approval for an adjustment to reduce the side yard
setback requirement by 7% to accommodate placement of a covered patio.
APPLICANT Michael&Glenda Walker
AND OWNER: 10015 SW Highland Drive
Tigard,OR 97224
ZONING: R-7 (PD): Medium-Density Residential District with Planned Development
Overlay. The R-7 zoning district is designed to accommodate attached single-
family homes, detached single-family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at
a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 10015 SW Highland Drive,WCTM 2S111CC,Tax Lot 15800.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.370.
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
VAR2013-00019 Walters Side Yard Adjustment Decision Page 1 of 4
SECTION III. BACKGROUND INFORMATION
Site History and information.
The property was approved as Lot 209 of Summerfield No.4 Subdivision which was recorded in 1974.
A search of Washington County Assessors records revealed the house was constructed in 1975. The
northeast corner of the existing single family home does not comply with current side-yard setbacks,
being situated 4' 8" from the northern (side) property line.
Proposal Description:
The applicant requests an adjustment to reduce the side yard setback by 4 inches, or 7% of the
minimum required,in order to construct a new patio cover
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
RESIDENTIAL ZONING DISTRICTS (18.510)
TABLE 18.510—DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD—R-4.5 ZONE Standard Proposed
Minimum Setbacks
-Front yard 15 ft No change
-Side facing street on corner&through lots 10 ft No change
-Side yard 5 ft 4 ft.8 inch.
-Rear yard 15 ft No change
-Distance between property line and front of garage 20 ft No change
DEVELOPMENT ADJUSTMENT—APPROVAL STANDARDS:
Section 18.370.020.B.1.b provides that up to a 20% reduction of the dimensional standards for the
side yard setback required in the base zone may be approved as a Type I Development Adjustment.
DEVELOPMENT ADJUSTMENT—APPROVAL CRITERIA:
Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted
if there is a demonstration of compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested a 7% reduction in the required side yard setback of 5 feet,
reducing the side yard setback to 4' 8". All other setbacks will be adhered to. The
adjustment is the least required to be able to construct the addition in compliance with the
Development Code.
b. The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2013-00019 Walters Side Yard Adjustment Decision Page 2 of 4
No trees will be removed due to this construction and there are none that need protection.
c. The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access.
d. There is not a reasonable alternative to the Adjustment which achieves the desired
effect.
There is no reasonable alternative to the Adjustment that will allow the proposed project.
FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
The decision of the Director on Type I Procedure 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.
THE DECISION IS FINAL ON OCTOBER 31, 2013 AND
BECOMES EFFECTIVE ON NOVEMBER 1, 2013.
Questions:
If you have any questions, please call the staff person below or stop by the Planning office at the
Tigard Permit Center, 13125 SW Hall Boulevard,Tigard, OR 97223.
-,... '� October 31. 2013
A. s ed by: John Floyd Date
Associate Planner
503-718-2429
johnflatigard-or.gov
VAR2013-00019 Walters Side Yard Adjustment Decision Page 3 of 4
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GENERAL INFORMATION r.,,„./IVO
Property Address/Location(s): /be)I S S.40. 11/14NO DQ,
7i6141Z, , O r4 972.-z.y
Tax Map&Tax Lot#(s): FOR ST F��UppSS�E ONLY
Case No.: Vi- o`4./ � -000 6
Other Case No(s).:
Site Size:
Fee: f/G OLD
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Applicant*: X71:kLt w itc-Ten S /53.-1s
Receipt No.: `
Address: /O t�IS' S.i,t1, /7f.'��e 4ND PR . Application ccepted By: V'
City/State: J;4 *R D 0 R Zip: 4 71 e- N 9
Date: */3
Primary Contact: M t'/{E Date Determined To Be Complete:
Phone: 50 3 . Li le_IL,c" Fax:
Property Owner/Deed Holder(s)*: (Attach list if more than one) Comp Plan/Zone Designation:
'v7.•n wA.L.relk -6At,yoh llllp .rr.'IZ
Address: AO — Dsc€D 11 o1-DEA Phone:
Rev.6/24/3)13
City/State: Zip: I:\C.CRPI.N\Masten\land Cse Applications\Adjustment-Type 1.doe
*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 written /
authorization with this application.
REQUIRED SUBMITTAL ELEMENTS
PROPOSAL SUMMARY
1 Application Elements Submitted:
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Community ❑ Application Form
Development Code(please circle one only):
❑ Owner's Signature/Written Authorization
❑ Title Transfer Instrument or Deed
Development Adjustment—Front Yard,Interior Setbacks and Lot Coverage ❑ Site/Plot Plan(2 copies)
>Special Adiustments: ❑ Site/Plot Plan(reduced 81/2"x 11")
• Adjustments to a Subdivision ❑ Applicant's Statement
• Reduction of Minimum Residential Density (Addressing '•eria Under Section 18.370.020)
• Landscaping Adjustments—Existing/New Street Trees ' &/,• Parking Adjustments—Reduction in Stacking Lane Length ❑ Filing Fe w-
• Parking Adjustments—Reduction in Minimum Parking for Transit /
Improvements/Existing Development
• Setback Adjustments—Setbacks to Reduce Tree Removal
• Washington Square Regional Center Density Adjustments
• Wireless Communication Facility Adjustments—Distance From Another Tower
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2
Please state the reaon for the Adjustment request: C.-Of A N G t �j� 2Ac
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APPLICANTS:
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on
the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject Property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions
and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;and the
applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are
false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for
approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this -Q4.yQ,, day of .7-L. ,20 / 3
,ice t.('aLthe
Applicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 2 of 2
CITY OF TIGARD RECEIPT
i 1 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TR . AR D
Receipt Number: 193275 - 09/30/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2013-00019 Development Adjustment-LRP 100-0000-43117 $41.00
VAR201 3-000 1 9 Development Adjustment 100-0000-43116 $278.00
Total: $319.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 10838 JFLOYD 09/30/2013 $319.00
Payor: michael j.waiters revocable trust
Total Payments: $319.00
Balance Due: $0.00
Page 1 of 1
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