ADJ2016-00004 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT (ADJ) 2016-00004 p
EUROPEAN CLASSIC HOMES, LLC
120 DAYS =June 10,2016
SECTION I. APPLICATION SUMMARY
FILE NAME: European Classic Homes, LLC
CASE NO.: Development Adjustment (ADJ) ADJ2016-00004
PROPOSAL: This application is for one development adjustment to the rear yard setback, in
order to accommodate a new duplex. The subject property, 11477 and 11481 SW
Greenburg Road (WCTM 1S135CD, Tax Lot 9200), is zoned Medium-Density
Residential (R-12),but the rear property line abuts a more restrictive zoning district
(R-4.5: Low Density Residential). Accordingly, the applicant requests approval to
reduce the minimum rear yard setback requirement from 30 feet to 24 feet(20%).
APPLICANT: European Classic Homes,LLC OWNER: Same as applicant
Attn: Ove Petersen
7608 SAX'Pine Street
Portland,OR 97223
LOCATION: 11477 and 11481 SW Greenburg Road;WCTM 1S135CD,Tax Lot 9200
ZONING
DESIGNATION: R-12: Medium-Densit<,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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.370.020.13
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.
AD12016-00004 Europcan Classic Homcs,LLC 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is located at 11477 and 11481 SW Greenburg Road (WCTM 1S135CD, Tax Lot
9200); south of SW Greenburg Road, west of Stiff' 95th Avenue, and east of SW 98th Avenue. The
property is a flag lot that connects to SW Greenburg Road via a minimum 20-foot-wide access
easement.
In 1994, the City of Tigard Planning Division approved a three-parcel Minor Land Partition (Drennan
Partition,Case No.MLP1994-00003) for this property and adjacent Tax Lots 9000 and 9100.The front
parcel was also approved for a variance to reduce the minimum rear yard setback requirement from 15
feet to 131/2 feet. All three parcels are zoned Medium-Density Residential (R-12), as are surrounding
properties to the north, west, and east; adjacent properties to the south are zoned Low-Density
Residential (R-4.5). In November 2015, the Planning Division also approved a Lot Line Adjustment
between this property and adjacent Tax Lot 9100 (LLA2015-00007).
Proposal Description:
This application is for one development adjustment to the rear yard setback,in order to accommodate a
new duplex. The subject property, 11477 and 11481 SW Greenburg Road (WCTM 1S135CD,Tax Lot
9200), is zoned Medium-Density Residential (R-12), but the rear property line abuts a more restrictive
zoning district (R-4.5: Low Density Residential). Accordingly, the applicant requests approval to reduce
the minimum rear yard setback requirement from 30 feet to 24 feet (20%).
SECTION IV APPLICABLE REVIEW CRITERIA AND FINDINGS
1$.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 request is to reduce the minimum rear yard setback requirement from 30 feet to 24 feet (2011/o),
which meets the description of 18.370.020.B.1.b. This request is a Development Adjustment and is
being processed through a Type I procedure.
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;
The applicant requests approval to reduce the minimum rear yard setback from 30 feet to 24 feet
(20%), in order to accommodate a new duplex. Staff has evaluated the applicant's submitted site
plan and narrative to determine that this adjustment is the least required to achieve the desired
effect.This criterion is met.
AD12016-00004 European Classic Homes,LLC. 2
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees present in the relevant development areas. This criterion does not apply.
c.The adjustment will not impede adequate emergency access to the site;
Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not
impede adequate emergency access to the site. In addition,the applicant's proposed driveway meets
the 20-foot minimum access requirement for three or more residential units (TDC Table 18.705.1).
This criterion is met.
d.There is not a reasonable alternative to the adjustment which achieves the desired effect.
The applicant requests this Development Adjustment in order to accommodate a new duplex. As
demonstrated above, the applicant's proposal complies with the 20% reduction for the minimum
rear yard setback. There is not a reasonable alternative to the proposed adjustment which achieves
the desired effect.This criterion is met.
CONCLUSION: This proposal is for a Development Adjustment, and is in compliance with the
applicable standards of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X 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.
THIS DECISION IS FINAL ON FEBRUARY 11, 2016
AND BECOMES EFFECTIVE ON FEBRUARY 12, 2016
Questions
If you have any questions,please contact Lina Smith at (503) 718-2438 or I.,inaCS(a dgard-or.gov.
:� �_ February 11,2016
APPROVED BY: Lina Smith
Assistant Planner
AD12016-00004 European Classic Homes,LLC 3
APPLICANT
MATERIAL
S
City of Tigard
COTNIMUNITY DEVELOP1\1ENT DEPIALR`1'-.\IEN'I' ( b
OF T-
Add ustment — Tvpe I Application PI-ANNING/EN"'
PROPOSAL SUMMARY brief description,): dAVd0g0y"A-k*J FOR STAFF USE ONLY
at ekiu4 hxtm f-4 (�td m cc (Ixke 4-A&c-k- 4-1 —A-bl ,�ot(x— oo6e- 4
wt Related Case No.(s):
�
The owners of record of the subject property request an Adjustment A '�-�)C'pplication Fee: I L'
to the Community Development Code (please check one only): Application Accepted:
Development Adjustment—Front Yard Setback, Interior By: Date:
Setbacks and Lot Coverage Date Determined Complete-
Special Adjustments: By: Date:
F] Adjustments to Subdivision standards
0 Reduction of 'Nim' inum Residential Densitv Comp.Plan/Zone.Designation:
El - 91 (k.4 0-
Washington Square Regional Center Dimensional and Density
requirements i:\CURP1-N\Masters\Land Use Applications\Adjustment-Type I
El Adjustments to Access and Egress Standards Rev.02/09/2015
* Adjustments to Parking Standards
* Adjustments to the Sign Code
F1 Adjustments to Wireless Communication Facilities
0 Adjustments to Street Improvement Requirements
El Adjustments to Downtown Connectivity, Standards
Property Address/Location(s): REQUIRED SUBMITTAL
Wti tli,4-7-7 s L4 6YU116wVi (Zell- ELEMENTS
E(S'. W 16 CZ) 074017
Tax %lap and Tax Lot ti, ,)� — � Owners Signature/Written
1 1 '7,6 �uthorization
,site size: 12 -S4-
)Title Transfer Instrument or Deed
Applicant: Site/Plot Plan(2 copies)
Address; �Wfplvtk� El Sire,/Plot Plan (reduced 81//2"x I V)
Cltv /statc: Poi ftovd 04 zin: 9 '?Z71J Applicant's Statement
(Addressing Cnicriaundcr
Primary Contact: 0 Filing Fee
Phone: S V3 15"< WO Email: COO SM @ 0.00C-10m
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name:
Address: 0 Oft
City/state: 9,,Yf iaod Ok ZIP: q-n?T
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.
City ofTigard - 13125 SW Hall Blvd. - Tigard, Oregon 971223 - -w-,,x-\c.tigard-or.gov - 503_718-2421 - Page lof2
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.
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate anv 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.
• --\Il of the above statements and the statements 111 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 if each owner of the subject property required.
04 . 01b
App icatl.t/A' uthorized Agent signature Print name Date
04E Puri6 Z,/$/16
Owner's signature Print name Date
ADJUSTMENT—TYPE I APPLICATION
City of Tigard • 13125 SZX%Hall Blvd. • Tigard, Oregon 97223 • wti wtigard-or.gov 503-718-2421 • Page 2 of 2
1 .
Washington County,Oregon 2015-093149
D-DW
Stn=22 S PFEIFER 11/06/2015 09:44:35 AM
$15.00$11.00$5.00$290.00$20.00 $341.00
T a rf B k THIS SPACE RE 1,Richard Hobernicht,Director of Assessment and Taxation and Ex-
., Officio County Clerk for Washington County,Oregon,do hereby
4 „p certify that the within instrument of writing was received and
recorded in the book of records of said county.
Richard Hobemicht,Director of
�� Assessment and Taxation,Ex-Officio
After recording return to:
European Classic HomesLLC
7608 SW Pine Street
Portland, OR 97223
Until a change is requested all tax R EC E I E-
statements shah be sent to the
following address: FEB 0 8 2010
European Classic Homes LLC
7608 SW Pine Street CITY OF TIGARD
Portland,OR 97223 PLANNING/ENGINEERIN("i
File No.: 7000-2534801 (MC)
Date: October 01, 2015
STATUTORY WARRANTY DEED
David A. Drennan and Joan Drennan,"Grantor,conveys and warrants to European Classic Homes
LLC , Grantee,the following described real property free of liens and encumbrances,except as
specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington,State of Oregon, described as
Q follows:
,J
1 PARCELS 1, 2 AND 3 PARTITION PLAT NO.1904-1020 IN THE CITY OF TIGARD;COUNTY OF
WASHINGTON'AND -STATE OF OREGON.
40
TOGETHER WITH AN ACCESS EASEMENT AS DELINEATED ON THE PLAT MAP.
Subject to:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title,which may appear in
the public record, including those shown on any recorded plat or survey.
Z
The true consideration for this conveyance is$290,000.00. (Here comply with requirements of ORS 93.030)
M
W
Q
iW
!L
Page 1 of 2
CITY OF TIGARD RECEIVE
Approved by Planning
Date: 1 FEB 8 21f
CITY OF TIGARD
Initials: LS PUNNING/ENGINEERING
87.50
5'STORM S-EWER-EASE EVENT —
FIREPLACE
24.00
I ,
�C.FD(�A�2llAi�D
1 ,
1
I N
� U I N
i p j NO
r
PATIO w
29.00
I
: Y
;z a 0
IJ _
m
r to w 200
LOs' p"'"'y ; a
'a a I
" SEWER Nr
�= EASEMENT
a
- 20.46
PATIO = sY
U
� I
O
I tZ
�} 1
I � 1
� ~ i
1 z
I W .1 D
11.04 M
1 -
15.04
FIREPLACE o
69.54 T 41 h
40
PARCEL 3 REVISED SITE PLAN
SCALE 1/16"= 1'-0"
FEBRUARY 8th,2016
2/8/2016 RECEIVED
European Classic Homes, LLC
7608 SW Pine St. 11w
Portland OR 97223
503 515 9464 CITY OF TiGARI�
PLANNING/ENGINEERING
City of Tigard, Community Development Department
RE: Type I Development Adjustment for 11477 and 11481 SW Greenburg Rd.
The following is the owner's statements regarding Tigard Community Development Code 18.370.020 B Development
Adjustments(The applicable Development Standard is followed by European Classic Homes,LLC's comment)
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.
Owner's comment: This lot is in the R-12 zone,which requires a rear yard setback of 15'except where it
abuts a more restrictive zoning district, which this does in that the property abutting to the south is in
an R 4.5 district.
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;
Owner's comment: This lot was created through Minor Land Partition MLP 94-0003,and is a flag lot. The
accessway necessitates that the orientation of the home is so that the front faces the accessway and
thus the rear yard is south facing. The property to the south is vacant land. The orientation of the
proposed building on this site will provide the most livability and privacy to all 4 adjoining properties
and is thus the least required to achieve the desired effect.
b. The adjustment will result in the preservation of trees, if trees are present in the development area;
Owner's comment: There are very small caliber trees on the east property line that will be unaffected by
this adjustment.
c. The adjustment will not impede adequate emergency access to the site;
Owner's comment: The development adjustment will allow for the home to be placed further back on the
property which will allow more room for emergency access in front of the home and also allows for the
accessway to remain open at all times.
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
Owner's comment: The combined constraints that the 10'required side yard for flag lots in the R-12 zone,
along with the unusual shape of the lot does not allow for any other reasonable alternative design.