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VAR2015-00008VAR2015-00003, VAR2015-00004, VAR2015-00005, VAR2015-00006, VAR2015-00007, VAR2015-00008, VAR2015-00009, VAR2015-00010 SPRUCE STREET VILLAGE DEVELOPMENT ADJUSTMENTS NOTICE OF TYPE I DECISION SPRUCE STREET VILLAGE DEVELOPMENT ADJUSTMENTS TIGAPI) (VAR) 2015-00003 TO (VAR) 2015-00010 120 DAYS =June 17, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: SPRUCE STREET VILLAGE DEVELOPMENT ADJUSTMENTS CASE NOS.: Adjustments (VAR) VAR2015-00003 to VAR2015-00010 PROPOSAL: The applicant is requesting approval for multiple Development Adjustments to reduce the minimum interior side yard setback requirements for five tax lots (WCTM 1S135AD, Tax lots 6600, 6700, 6800, 6900, and 7000) from 5 feet to 4 feet. APPLICANT: Emerio Design OWNER: Spruce St.Village,LLC Eric Evans,PE John R.Anderson 9107 SW Murray Boulevard 12670 SW 686'Avenue Suite 147 Suite 400 Beaverton,OR 97008 Tigard,OR 97223 ZONING: R-12: Medium-Density Residential District.The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. LOCATIONS: 8830,8826,8820,8816,and 8810 SW Spruce Street WCTM 1S135AD,Tax lots 6600,6700,6800,6900,and 7000 APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.370.020.B SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above requested Adjustments to the minimum side yard setback requirements. The findings and conclusions on which the decision is based are noted in Section IV of this Decision. VAR2015-00003 TO\'AR2015-00010 SPRUCE STREET VILLAGE DEVELOPMENT ADJUSTMENTS Page 1 SECTION III. BACKGROUND INFORMATION Site History and Information: The subject properties are located at 8830, 8826, 8820, 8816, and 8810 SW Spruce Street (WCTM 1S135AD, Tax lots 6600, 6700, 6800, 6900, and 7000); south of SW Spruce Street, and west of SW Hall Boulevard. In February 2014, the original 0.44 site was approved for a five-lot subdivision (Spruce Street Subdivision, Case No. SUB2013-00004). Tax lot 6600 is 3,844 square feet; tax lots 6700, 6800, and 6900 are 3,723 square feet; and tax lot 7000 is 3,856 square feet. The properties are zoned Medium-Density Residential (R-12), as are properties to the north and south; properties to the west are zoned High-Density Mixed Use Residential (MUR-1); and properties to the east are zoned Moderate-Density Mixed Use Residential (MUR-2). The applicant originally applied for Development Adjustments to reduce the minimum interior side yard setback requirements for these properties in January 2014 (Case Nos. VAR2013-00011 to VAR2013-00018). The City of Tigard Planning Division denied these adjustments for not meeting approval criterion regarding the preservation of existing trees in development areas (MC 18.370.020.B.2.b). Proposal Description: The applicant is reapplying because the site conditions have changed. The request is for approval for Development Adjustments to reduce the minimum interior side yard setback requirements for five tax lots (WCTM 1S135AD,Tax lots 06600,06700,06800,06900,and 07000) from 5 feet to 4 feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.370 Variance and Adjustments 18.370.020 B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: a. 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. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The adjustment request is to reduce the minimum interior side yard setback requirements for five tax lots (WCTM 1S135AD, Tax lots 06600, 06700, 06800, 06900, and 07000) from 5 feet to 4 feet(20%).Therefore,a Type I procedure is applicable for this request. 2. Approval criteria. 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; V:\R2015-00003 TO VAR2015-00010 SPRUCE STREET VILLAGE 1)i?VI.LOPMIiNT;\IJUSTMI NI'S Page 2 The total width of all five lots is approximately 142 feet (each lot being approximately 28 to 29 feet wide). The applicant's desired effect for each lot is to create a building envelope that can fit 20-foot wide dwellings,which will allow for a single-car garage and a front doorway and window area similar in width to the garage. In order to achieve this with five lots, 20% interior side yard setback reductions would be required (Five 20-foot dwellings + 8 feet for each internal side yard = 132 feet + two 5-foot external side yards = 142 feet).This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are currently no trees present in the relevant development areas. When the adjustments were first applied for, the site contained several oak trees, one of which could have been preserved. Preservation would have required a four lot subdivision using the 20- foot wide dwellings proposed. However, the applicant did not pursue tree preservation and is not required to save trees under the urban forestry standards. Therefore, the change of circumstance, removal of the trees, allows the adjustments to now be approved. This criterion is met. c.The adjustment will not impede adequate emergency access to the site; The adjustments will not impede adequate emergency access to the site: emergency access requires 6 feet between buildings, and the development adjustments will provide 8 feet between buildings.This criterion is met. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Due to the total width of all five lots, and the width of each individual lot, there is not a reasonable alternative to the adjustments which achieves the desired effect to create 20-foot wide dwellings,as demonstrated above.This criterion is met. FINDING: Based on the analysis above,the adjustment approval criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: The applicant and owners Affected government agencies Final Decision: A Development 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. VAR2015-00003 TO VAR2015-00010 SPRUCE STREET VILLAGE DEVELOPMENT ADJUSTMENTS Page 3 THIS DECISION IS FINAL ON FEBRUARY 17, 2015. AND BECOMES EFFECTIVE ON FEBRUARY 18, 2015. minD Questions: If you have any questions,please contact Lina Smith,Assistant Planner at(503) 718-2438 or LinaCS @tigard-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. February 17.2015 PREPARED BY: Lina Smith DATE Assistant Planner VAR2015-00003 TO VAR2015-00010 SPRUCE STREET \ I I,LAGE DEVELOPMENT ADJUSTMENTS Page 4 APPLICANT MATERIALS s City of Tigard ,.iGARD Adjustment — Type I Application GENERAL INFORMATION Property Address/Location(s): Spruce Street-Approved lots in Spruce Village Subdivision 1 S1 35AD 06600, 06700, 06800, 06900& FOR STAFF USE ONLY Tax Map&Tax Lot#(s): Case No.: V{le OiS 6vl.k3 'h 0 07000 — Other C se No(s).: • Site Size: 0.44 acres total / 3 x _ 79 � - - Fee: ` Applicant*: Spruce St.Village, LLC Receipt No.: igg1q +' / 7`i 344 Address: 12670 SW 68th Avenue, Suite 400 Portland, Oregon Application Accepted By: L.S on City/State: 9 Zip: 97223 _//_ Date: Primary Contact: John Anderson Date Determined To Be Complete: Phone: Fax: Property Owner/Deed Holder(s)*: (Attach list if more than one) Comp Plan/Zone Designation: Spruce St.Village, LLC e Address: 12670 SW 68th Avenue, Suite 400 Phone: Rev.6/24/2013 City/State: Portland, Oregon zip: 97223 l:\CURPLV\Masters\Land Use Applications\Adjustment-Type 1.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 written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ 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 Adjustments: ® Site/Plot Plan(reduced 8'/2"x 11") • Adjustments to a Subdivision ® Applicant's Statement • Reduction of Minimum Residential Density (Addressing Criteria Under Section 18.370.020) ♦ Landscaping Adjustments—Existing/New Street Trees • Parking Adjustments—Reduction in Stacking Lane Length ® Filing Fee • 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 • f • Please state the reason for the Adjustment request Side yard setback adjustment by 20%from 5'to 4'for five lots to allow for 20'wide homes. 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 O'2-5 day of V;741( 4. ,20 15 plicant/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 Washington County.Oregon 2014-079545 StDBS Stn=13 M LOPEZ 12112/2014 01:47:53 PM $10.00 511.00 55 00 520 00 $46.00 I.RRndrd ltooernlcnt.Director of Assessment and Taxation and Fr. - RECORDING REQUESTED BY OM=w County Clerk for Washington County,Oregon.do hereby eerory that the Within Instrument of WrlUng Was reeeleed and Fidelity National Title Company of Oregon recorded In the book of records or sell county Richard Hobernicht.Director of GRANTOR: Assessment and Taxation.Ex-Officio Anderson Homes and Consulting,LLC GRANTEE Spruce St.Village,LLC 12670 SW 68th Avenue,Suite 400 Portland,OR 97223 0 SEND TAX STATEMENTS TO Spruce St.Village,LLC 12670 SW 68th Avenue,Suite 400 Portland,OR 97223 AFTER RECORDING RETURN TO: I Spruce St.Village,LLC 12670 SW 68th Avenue,Suite 400 Portland,OR 97223 d Qom, Escrow No: 20140105345-FTPOR08 III,, SPACE ABOVE THIS LINE FOR RECORDER'S USE YAK k BARGAIN AND SALE DEED—STATUTORY FORM Z (INDIVIDUAL or CORPORATION) M V) Anderson Homes and Consulting,LLC,an Oregon limited liability company,Grantor,conveys to Spruce O St.Village,LLC,an Oregon limited liability company,Grantee,the following described real property, 0 situated in the County of Washington,State of Oregon, 7 Lots 1,2,3,4 and 5,SPRUCE VILLAGE,a plat of record recorded August 26,2014 at Fee No. 2014-053876,in the City of Tigard,County of Washington and State of Oregon The true consideration for this conveyance is zero. (See ORS 93.030). c BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE p) SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND [12 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON N LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS F= INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE c PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING o DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY Z ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS TS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE Lt. ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, , 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8,OREGON LAWS 2010. 201401 0534 5-FTPOR08 Deed(Bargain and Sale—Statutory Form) Title Data, Inc. FI P0R10898 WN 2014079545.001 BARGAIN AND SALE DEED-STATUTORY FORM Dated December 10,2014 Anderson Homes and Consulting.LLC, an Oregon limited liability company By OA/ Jo n R.Anderson, Member State of Oregon County of Clackamas T• instru -nt was acknowledged before me on December // ,2014 by John R Anderson,Member, Anderso 'omen and Consulting,LLC. A. ,612-1- 041.r, OFFICIAL SEAL (� f ;✓. SAMUEL L GOOLD Notary Public-State of Ore on , ..r' MOTAPY ptJstiO OeEGON 7 t" ,:; COMM15510N N0.474801 1 My commission expires: —;/_,20, j � MY GOMAgSSiCNFI(Plf1ESF£RRlMRY21.20'�Tf� 20140105345-FTPOR08 Deed(Bargain and Sale—Statutory Form) Title Data, Inc. FI POR10898 WN 2019079545.002 • • ARTICLES OF ORGANIZATION aE::Q E-FILED _,_0 _ ?r<, Corporation Division , ., ,, Nov 12, 2014 www.filinginoregon.com OREGON SECRETARY OF STATE REGISTRY NUMBER 106146897 TYPE DOMESTIC LIMITED LIABILITY COMPANY 1. ENTITY NAME SPRUCE ST. VILLAGE, LLC 2. MAILING ADDRESS 806 SW BROADWAY STE 800 PORTLAND OR 97205 USA 3. NAME & ADDRESS OF REGISTERED AGENT 61796695- BWA SERVICES, LLC 806 SW BROADWAY STE 800 PORTLAND OR 97205 USA 4. ORGANIZERS MICHAEL T WISE 806 SW BROADWAY STE 800 PORTLAND OR 97205 USA 5. MEMBERS/MANAGERS MEMBER JOHN ANDERSON 12670 SW 68TH AVE STE 400 PORTLAND OR 97223 USA 6. DURATION PERPETUAL 7. MANAGEMENT This Limited Liability Company will be member-managed by one or more members 8. OPTIONAL PROVISIONS The company elects to indemnify its members, managers, employees, agents for liability and related expenses under ORS 63.160 to 63.170. Page 1 . . 4e..,., Q� r Corporation Division e y www.filinginoregon.com OREGON SECRETARY OF STATE ., vvww.filin inore on.com By my signature, I declare as an authorized authority,that this filing has been examined by me and is, to the best of my knowledge and belief,true,correct, and complete. Making false statements in this document is against the law and may be penalized by fines, imprisonment,or both. By typing my name in the electronic signature field, I am agreeing to conduct business electronically with the State of Oregon. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement. ELECTRONIC SIGNATURE NAME MICHAEL T WISE TITLE AUTHORIZED AGENT DATE SIGNED 11-12-2014 Page 2 Z 0 8 t > D o F 2.0' RIGHT OF WAY DEDICATION w °- cc 5 89'05'26" E 141.92' _—i-ya o sir N u ----- ------- --___ --- __— ____—_' W 1---- -------------- 28.91' 28.00 28.00 28.00 T 29.00 a.. Ln r ' i 15' 1 15' - I- 15' 1 15' i 15' _f 20' 7 I r - 20'—.l I r _ 2D'— l I r - 2-0.- l I r — 2-0.-- 0._ l 8.00`PuEI 1 r - - - l i r - - i , r— - l r _ _ 1 I I I ' ~ I I I I I I I I I I I I CITY OF TIGARD In 11 I 11 I I I I I i I 11 I- 1I TL 66001 I I TL 670d I I TL 6800! I I TL 69001 I I TL 7000 I gl Approved by Planning 844 SF 1 3723 SF 723 SF i 13723 SF i 3856 SF ' I Date: �—I�- I iwi IL., I Iw I 1 w I I LS 10.,,,1 180.1,4 10i 'l I i. Initials: II '�I ',I ICI !�I ICI ml I01 I00 I 10'^1 1001^I 1°j, i o I N1 IzI I Iz' I Iz' I IzI I I∎2 I Lu ?I I I I l i I I 3 III ' I I I I i ' l 11 1 11 I 1 1 0 00 15'� I4a I4 I I4•I I I4 15.I o z i 1 I ' I I I i 1 I I I I i 0 g I I I I I ' I o I I I I I I I I I I I I I I I I 1 I I I I i 1 I I i I i ar agm I__ — — J I L _ _ _ J I L _ _ _ J I L _ _ _ J I L _ _ _.J I !Ii I I 15' 15' 15' 15' 15' i _ss 1 _ 28_91__ I _ 28.00__ I ---F--28.00 I _ 28.00__ I - 29.00_- ------ - - - N 89'05'26° W 141.92' , , 1 I 9 / 0 pMIN.Jm V.you-toiym. P.Vn-oUl MY swxPlM9 aV V-opf MAT-.nM.ds / 1 Z 0 s iii c �� 5 N m a D z I� �� N 00' 1- a 2.0' RIGHT OF WAY DEDICATION ' . w P )) SCALE: 1'=10' S 89'05 26 E -1-.20.0 11 017 V, w 1----—_ —— 141.92' 28.91 ' 28.00' T 28.00 28.00 29.00 °C ul N 1-- 15' : 15' 1 15' i 15' I 15' —26; 7 I- - 2-0 r r 20' 1 r 20' 1 I 20' i V. 8.65' PuE I r — , F — — — 1 — — 1 I — — I CI TIGARD I I I I I I I 1 1 1 I I I APpme. Lu by Planning m I I I I I I I I I I Date: / - _Fo ..m ' 1 ' I I ' I I I I I I • Initials: �S w TL 6600 TL 67001 ! TL 6800! I TL 69001 I TL 7000 a a. in .13844 SF ' 3723 SF I I 3723 SF 1 3723 SF : 3856 SF : rn ILI I 1Li I w) I I I I I I I I I LLI ,� Io1 �I oM o 1 -(3)1 0 cl IN NI_ 181 '.--1 o1 ,_ o ? *I ' a) °, Io I Io I I to I FI I Li NI IZ I IZ' I Iz' I I Z' I I I o �I I I I I I � U Zw P ' wo rN I , I ' I I I I o o 5 I I 4'I I 4'I I 4'I 4' 1 5' o o Z I I I I I I : 1 I I cn I I I I I I ro NnN 10 L_ _ _ __I I - - - J L _ — J L _ _ _ J L _ _ J ° S8J, I , 15' 15' 15' I 15' 15' I xo a 28.91' 1 28.00' 28.00' I 28.00' I 29.00' 618 N 89 05'26" W - - -- -- -- -- - -T - - - ° 141.92' ' 1 SHEET / 1 OF Plotted: Jon 27.2015– 4:Olpm. P:\271-001 SW Spruce\dwg\Plonning`"- c 7 1 1 January 23, 2015 APPLICANT ' S STATEMENT APPLICANT/OWNER: John R. Anderson Spruce St. Village, LLC 12670 SW 68th Avenue, Suite 400 Tigard, OR 97223 APPLICANT'S REPRESENTATIVE: Eric Evans, PE Emerio Design 6107 SW Murray Blvd., Suite 147 Beaverton, Oregon 97008 REQUEST: Adjustment to Interior Side Yard Setbacks SITE LEGAL DESCRIPTION: Tax Lots 6600, 6700, 6800, 6900 & 7000; Tax Map 1S1 35AD Tigard, Oregon ADDRESS: 8818 SW Spruce Street, Approved lots of Spruce Village Subdivision SIZE: 0.44 Acres +/- LAND- USE DISTRICT: R-12 Spruce Village Setback Adjustment Page 1 of 6 I. APPLICABLE REGULATIONS A. City of Tigard Comprehensive Plan B. City of Tigard Title 18: Community Development Code Chapter 18.370.020 Adjustments Chapter 18.390 Decision Making Procedures Chapter 18.510 Residential Zoning Districts II. AFFECTED JURISDICTIONS Domestic Water: City of Tigard Drainage: City of Tigard and Clean Water Services Erosion Control: City of Tigard Fire Protection: Tualatin Valley Fire and Rescue Parks: City of Tigard Police Protection: City of Tigard Schools: Tigard School District Sewer: City of Tigard Streets: City of Tigard Water Quality/Quantity: Clean Water Services III. BACKGROUND: The applicant is requesting interior side setback adjustment approval for 5 lots. The site was previously subdivided per Casefile SUB2013-0004. The 5 lots total 0.44 acres and are in the R-12 zone on the City of Tigard zoning map. The subject properties are identified by the Washington County assessor as Tax Lots 6600, 6700, 6800, 6900 and 7000 of Tax Map 1S1-35AD. It is further identified as 8818 SW Spruce Street. The abutting properties are all within the R-12 District. Each lot has the following proposed reduced side setbacks. Tax Lot Reduce Setback Width Location/# of Side Setback(s) 6600 4' Interior - 1 6700 4' Interior - 2 6800 4' Interior - 2 6900 4' Interior - 2 7000 4' Interior - 1 IV. FINDINGS A. CITY OF TIGARD COMPREHENSIVE PLAN COMMENT: Except where required by the City of Tigard Community Development Code, this application is not required to address the city's goals and policies related to the development of land, since the City of Tigard Comprehensive Plan is implemented by the code. Spruce Village Setback Adjustment Page 2 of 6 B. CITY OF TIGARD TITLE 18: COMMUNITY DEVELOPMENT CODE CHAPTER 18.370.020: ADJUSTMENTS A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.020.C. COMMENT: The applicant is requesting adjustments to interior side yard setbacks within the 20% reduction allowed. Therefore, the proposed adjustments are a Type I development adjustment. B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: a. 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. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. COMMENT: The applicant is requesting adjustments to interior side setbacks for five lots. The required side setback in the R-12 zone is 5 feet. The applicant is requesting a 20% reduction to a 4 foot interior side yard setback. Depending on the lot this will either be one or two setback adjustments. 2. Approval criteria. 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; Spruce Village Setback Adjustment Page 3 of 6 COMMENT: The proposed 4' interior setbacks will allow for 8 feet between the proposed dwellings. The proposed setbacks will maintain light, air, separation for fire protection, and access for firefighting. The proposed side yard setback reductions are the least required for each of the five lots with 20-foot wide dwellings. This criterion is satisfied. b. The adjustment will result in the preservation of trees, if trees are present in the development area; COMMENT: The proposed adjustment will not result in the preservation of any trees as there are no trees in the house footprint areas to save. Therefore, this criterion is satisfied. c. The adjustment will not impede adequate emergency access to the site; COMMENT: The proposed side yard setback can allow for at least 6 feet between building walls, which meets fire protection and access standards. This criterion is satisfied. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. COMMENT: The side setback adjustments will allow for 20-foot wide dwellings on each of the five lots. This is the desired effect for each lot (20-foot wide dwellings). The lots are 28 feet or 29 feet in width and these adjustments allow for the 20-foot wide dwelling. A 20-foot wide dwelling will allow for a single-car garage and a front doorway and window area similar in width to the garage. This criterion is satisfied. CHAPTER 18.390: DECISION MAKING PROCEDURES/IMPACT STUDY SECTION 18.390.030: TYPE I PROCEDURE A. Preapplication conference. A preapplication conference is not required for a Type I action. B. Application requirements. 1. Application forms. Type I applications shall be made on forms provided by the director as provided by Section 18.390.080.E.1. 2. Application requirements. Type I applications shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; and c. Be accompanied by the required fee. Spruce Village Setback Adjustment Page 4 of 6 COMMENT: The proposed adjustment to interior side yard setbacks is a Type I application. The application form has been provided for this application. The required submittal fee has also been submitted to the city with this application and narrative requesting the adjustment. CHAPTER 18.510: RESIDENTIAL ZONING DISTRICTS SECTION 18.510.020: LIST OF ZONING DISTRICTS F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. COMMENT: The five lots are zoned R-12 under the City of Tigard. All of the 5 lots are more than the minimum lot size of 3,050 square feet and were created in the approved subdivision per Casefile SUB2013-00004. This criterion is satisifed. SECTION 18.510.030: USES B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. COMMENT: Single-family residential homes are allowed by this Section of the City of Tigard Municipal Code. The applicant intends to utilize the existing subdivision lots for single-family detached dwellings; therefore, this criterion is satisfied. SECTION 18.510.050: DEVELOPMENT STANDARDS A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-12- SF DU Minimum Lot Size - Detached unit 3,050 sq. ft. Spruce Village Setback Adjustment Page 5 of 6 Average Minimum Lot Width - Detached unit lots None Maximum Lot Coverage - - - - 80% [2] Minimum Setbacks - Front yard 15 ft. - Side facing street on corner &through lots 10 ft. - Side yard 5 ft.(' - Rear yard 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. - Distance between property line and front of garage 20 ft. Maximum Height 35 ft. Maximum Lot Coverage (2) 80% Minimum Landscape Requirement - - - - 20% COMMENT: All of the 5 lots are more than the minimum lot size of 3,050 square feet and were created in the approved subdivision per Casefile SUB2013-00004. Each lot is 28-29 feet in width. The applicant is proposing interior side yard setbacks to be reduced 20% to 4' through the adjustment process. All other setbacks will be met. V. SUMMARY AND CONCLUSIONS Based upon the findings of this report and the submitted supplemental graphics material, the applicant has demonstrated compliance with the requirements of the relevant sections of the City of Tigard Community Development Code for the requested side yard setback in the R-12 zone. Therefore, the request should be approved. Spruce Village Setback Adjustment Page 6 of 6