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11190 SW 140VARE PLACE
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CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
I. Concerning Case Number(s): V 8-85
2. Name of Owner: PUBLIC RIGHT-OF-WAY
3. Name of Applicant:_ City of Tigard
Address 12755 SW Ash Ave. City Tigard State OR Zip 97223
14. Location of Property:
Address SW Novare Ct. , public right-of-way in front of lots 39, 40, & 41 .
Tax Map and Lot No(s). 2S1 3DB
5. Nature of Application: For a variance from Sec. 18. 164.070 of the Community Dev.
Code, which requires that sidewalks 5e constructed to City Standards.
6. Action: Approval as requested
X Approval with conditions
Den Lal
7. Notice: Notice wls published in the newspaper, posted at City Hall and
mailed to:
XX The applicant & owners
= Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
8. Final Decision:
THE DECISION SHALL BE FINAL ON May 17, 1985 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of condition can be
obtained from the Planning Department, Tigard City Hall, 12755 SW Ash,
P.O. Box 23397, Tigard, Oregon 97223.
9. A eal:
Any party to the decision may appeal this decision in accordance with
18.32.290(A) and Section 18.32.370 which proNides that a written appeal.
may be filed within 10 days after notice is given and sent.
The deadline for filing of an appeal is 3:30 PM May 17, 1985
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4111.
(0257P)
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City of Tigard Planning Commission
Final Order No. 85-09 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH APPROVES AN
APPLICATION FOR A VARIANCE (V 8-85) REQUESTED BY THE CITY OF TIGARD.
The Tigard Planning Commission received the above application at a public
hearing on April 16, 1985. The Commission based its decision on the facts,
findings, and conclusions noted below:
A. FACTS
1. General Information
CASE: Variance V 8-85
REQUEST: For a variance from Section 18.164.070 of the Community
Development Code which requires that sidewalks be constructed to
City standards. The variance, if approved, would allow the
requirement for sidewalks in front of lots. 39, 40, and 41 on SW
Novare Ct. to be -Takved.
COMPREHENSIVE PLAN DESii,NATiON: Public Right-of-Way, Low Density
Residential
ZONING DESIGNATION: Public Right of Way, R-4.5 (Residential 4.5
units/acre).
APPLICANT: City of Tigard OWNER: Same (Public Right-of-way)
12755 SW Asti Ave.
Tigard, (. --egon 97223
LOCATION: SW Novare Court , public rigt.t- of-way in front of lots 39,
40, and 41, Washing!.on County Tax Map 2SI 3DB
2. Background
Public Improvement plans were issued for construction for Genesis II on
September 6, 1978 subject to conditions. Sidewalks were required on the
west side of Novare Court. Construction of the homes on SW Novare Court
took place from April 1979 through 1982. During construction, the City
allowed the homes to be built without sidewalks. As a result residents
have incorporated the portion of the public right-of-way designated for
sidewalks into their ;,ards. The three affected property owners have
petitioned the City to have the requitements for sidewalks in front of
their homes waivad.
3. Vir-.aity Information
All of the surrounding properties are zoned R-4.5. All of the lots except
one on SW Novare Court have single family homes on them with landscaped
yards. SW Novare Court is approximately 250 feet 1 ng and ends in a
cul-de-sac. There are 12 lots with direct access onto SW Novare Court.
FINAL ORDER NO. 85-01PC - V 8-85 Page 1
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4. Site Information
The east side of SW Novare Court is too steep to accommodate sidewalks
so none were required on that side as a condition of development. The
west side of. SW Novare Court is less steep in front of lots 40 and 41,
however, the grade is fairly steep at the corner of lot 39 and SW
Genesis Loop. The residents of lots 39, 40, and 41 have landscaped to
the curbs on SW Novare Court.
5. Agency and NPO Comments
NYU # 3 rev red the request at their April 15, 1985, meeting.
The Engineering Division supports `.he variance request.
Comments were not received from the Building Division or the Tualatin
Rural Fire Protection District.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1, 2,
and 12; Tigard Comprehensive Plan Policies 2.1.1, 3.1.3; and Chapter
18.134 and 18.164 of the Community Development Code.
The Planning Commission concludes that the proposal is consistent with
the applicable Statewide Planning Goals and Guidelines based upon the
following findings:
a. Statewide Planning Goal # 1 is met because the City has adopted a
Citizens Involvement program including review of all development
applications by the Neighborhood Planning Organization (NFO). In
addition, all public notice requirements were met.
b. Statewide Planning Goal # 2 is met. because the City applied all
applicable Statewide Planning Goals, City Ccmpreh,inaive Plan
Policies and Development Code requirements to the application.
C. Statewide Planning Goal # 12 is satisfied because the City has
adopted policies and standards to ensure r, safe and efficient
street and roadway system.
The Planning Commission has determined that the variance request is
warranted in that it is consistent with the relevant portions of the
Comprehensive Plan based on the findings noted below:
(a) flan Policy 2.1.1 is satisfied because the Neighborhood Planning
Otgan.ization and surrounding property owners were given notice of
the hearing and an opportunity to comment on the applicant's
proposal.
FINAL ORDER NO. 85-01 PC - V 8-85 Page 2
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(b) Plan Policy 8.1.3. is not satisfied becav:de the condition to
construct sidewalks in front of lots 39, 4C, at.d 41, of SW Novare
Court has not been met. This condition may n^t have been
practical however, in that the sidewalk would not come-lete an
existing sidewalk system and the ton.jgraphy at the corner of SW
Genesis Loop and SW Novare Co-.trt may be too steep to accommodate .a
sidewalk improvement.
The Planning Commission has determined that the variance request i.a
consistent with the relevant portions of the Community Development Code
based upon the findings noted below:
a. Chapter 18.134 of the Code includes five criteria (Section
18.134.050) for granting a variance. Those criteria are as
follows:
(1) The proposed variance will not be materially detrimental to
the purpose6 of this code, 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;
(2) There 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. ;
(3) The use proposed will be the same as permitted under this
code and city standards will be maintained to the greatest
extent that is reasonably possible, while permitting some
economic use of the land;
(4) Existing physical and natural systems, such as but not
limited to traffic, drainage, dramatic land forms or parks
will not be adl ersely affected any more than would occur if
the developmen,- were located as specified. in the code; and
(5) The hardship is not self-imposed and the variance requested
is the minimum variance which would alleviate the hardship.
(Ord. 83-52 Exhibit A(part), 1983).
Since the proposed sidewalk improvement would not complete an existing
sidewalk system, the intent of policy 8.1.3. requiring the construction
of sidewalks is not violated. In addition., the topography of the area
might make sidewalk construction difficult. The use of the land would
not be altered in any way by granting this variance. Pedestrian traffic
will not be further affected by granting this variance since
construction of sidewalks in front of lots 39, 40, and 41 would only
connect to sidewalks on Genesis Loop. The City allowed the homes to be
constructed and occupied prior to construction of the sidewalks and
residents have asked to have the condition waived.
FINAL ORDER NO. 85-9#JPC - V 8-85 Page 3
C. DECISION
Based .ipon the above findings and conclusions the Planning Commission
approves Variance V 8-85 subject to the following condition:
1. Ali land dedicated as public right-of-way shall remain as public
right-of-way including that portion originally intended for
sidewalk improvements.
It is further order that the applicant be not '.fied of the entry of this order.
PASSED: This 6th day of _ flay 1985, uy the Planning Commission of the
City of Tigard
JL-
Bonnie Owens, Vice President
Tigard Planning Commission
1303P
FINAI. JRDER NO. 85-_!IFC - V 8-85 Page 4
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CITY OF TIGARD BLDG. DEPT.
12420 S.W. MAIN STREET
TIGARD, OREGON 97223
PHONE 639.4171
CONTRACTOR:
Pursuant to Sections) of the Uniform Building Code, the
following item(s) require correcting:
Date: .i�.��-- y<ti� _ Permit W._
Inspecfor -- ,�
CALL FOR REINSPECTION
I
CITY OF TIGARD BLDG. DEPT.
12420 S.W. MAIN STREET
TIGARD, OREGON 97223
PHONE 539.4171 i
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CONTRACTOR. 111
Pursuant. to Section(s) Of the Uniform Building Code, the �.
following item(s) require correcting:
Date:�3:= 5. — Permit No. - -- -
Inspectaf--;--1--^-- ��l
CALL FOR REINSPECTION
CITY OF TIGARD BLDG. CREPT.
12420 S.W. MAIN STREET
TIGARD, OREGON 97223
PHONE 639.4171
CONTRACTOR:
Pursuant to Section(s) of the Uniform Building Code, the
following item(s) require correcting:
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Date: /I l� �� Permii No.
Inspector
CALL FOR REINSPECTION
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I BUILDING DEPARTMENT, TIGARD
MANN T. MOX„ ^.'. PLUMBING PEIRMIT N°
4829 N. E. U Pi I I !`,' 2_24-1 109
holder of a valid plumbing contractors license is hereby
authorized to cause plumbing work as herein noted to be installed in accordance with the plumbing code of
Tigard. Such installations require inspection by the City Inspector who shall be notified not less than four
(4) hours prior to the time the installations are ready for inspection. City of Tigard Business License required
for all gnttractors and subcontractors,
Owner hL'"�'2(' �� �� Aid Job
ii�90 s y1% �z..�z r i.( �_ i d 1
r—— — �— —_ --- —� Date_ 7
TYPE OF PERMIT NUMBER OF TOTAL
ITEMS FEE ON EACH AMOUNT
R_S_D_E N T LqI_ y ----^---..-
Single Family-1 bath-each
Duplax-Each t bath unit 25.00
Additional bathrooms-each
Mobile Home Space-each _ -- _15.00 ---���'---- --_
INDIVIDUAL FIXTURES C-Qi;;FM RCIA
t to 50 Fixtures in 1 building-each 3.00
51 to 100 Fixtures in_1 building—each — — ;
--._ 2.50 _
101 to 200 Fixtures in 1 building—each 2.00 �—
:'01 or more Fixtures in 1 buildin -each _�__ ~�-
MISCELLANEOUS ----- - - i `
Sewer-each additional 100 ft— 10.00
'Nater Service to building _ 5.00 -
rOther S ecir -
PERMIT 67) Fo Plumbing Inspection Phone 6394171
o State o Plumbing ContractonrAI P.crclpr nln t. —A Q„ '—."""
A
BUILDING PERMIT APPLICATION cf,fv T1CARD _,re— ZZ _ ,9,� X9 .2 ?33
THE UNDFRSIGtiEO HEREBY APPLIES Fon A PERI IIT FOP, THS 70ORK HEREIN INDICATED SUI LO ERP-,o1.;
OR AS SHO`::N AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. CVVNZP.PH;Drl,
LoTNo
JOB ADl;4_SS 1p �1�L_SfL:_ L+
C, Ir A!�CHI TECT
8U11_Dc14 SQ ,� AOO�es; ENGINEER
STRUCTURE FiE,on 0EL —' ❑AOOIr_ION ❑nyAIi1`-" 0FIE)JEYiAL _ ❑F18E DA'1AOE L7DEMOLIr1� 1
rIESIpENCE CCOMw.1 ❑EDUCATIONAL ❑GOV'T 11FIELIGIOU5L]PAr10 [_ICAAPORr ❑GARAGE ❑SrORAGECILAa CiFEN^E
O!CUPAfJCY• ��_LANO USE 20M1J= R—'yry SLOG_rYPEc `� //��Y��='+___
_.!1_.FIRE Z(7NE� PLAN CHECK BY
S SIE E R p E R f1 T T S ----_-- --
—
ARF� NO�EOROQL� I F �`pfl�JO
9UILDIM1t, LIEpAArhleNr *"`--
SE TRACKS FROM r A0 ;IEAR .24 LEF 7 SIDE RIGHT SInE „2 Q
Pel-mit -
- "-- THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZGNINC
C �
A1tn heck U REGULATIONS AND ALL APPLICAGLE CODES AND ORDINANCES, AND IT IS HERESY `.CREED THk, THE
f _ AORK WILL BE NONE IN ACCUROANCE WITH THE PLANS AND SPECIFICATION5:,N0 IN CG+,IPLI;.NrE Y:IHE
l ill 5.10ta1 �i`//��4 30 ALL APPLICABLE CODES AND ORDINANCES, THE ISSUANCE OF THIS PERMIT rT .
l_.._ DOES NO Y/AltZ
RESTRICTIVE COVENANTS, CONTRACTOR AND 5U8 CO?!TRACTORS TO HAVE CURRENT CITY BUbINESS
Sate Tax //Z.. LICENSE. SEPARATE PERMITS REQUIRED FOR SEWER, PLUMBING AND HEATING.
I Tota! SUC
roc
" � APPLI,;ArI r OR AGEN t -- - —
Appruvec Rece pt No
AtnaE t5 Ht7NE
S0C - 40
POC L _ / 00
SEWER CONNECTION $ (o O0 '
SEWER INSPECTION $ Z�
SEWER SURCHARGE_ $ r
Comments : I Ij
-17-79
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BUILDING PERMIT APPLICATION cOF TIGARD DATE__ �,ta_ ' —??11,
THE UNDERSIGNED HEREBY APPLIES FOR APERMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE
OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS OWNCp,-IJQN�
LOT NO.-
OWNER
O.OWNER IIUIf�ItiN k_+T+Jd• E Xt1C• JOB ADDRESS �1.k t k HOME ADDRESS
ARCHITECT
ENGINEER
BUILDER r-�lsame ADDRESS rIESIGNF'R�-1 _
STRUCTURE ^^ONEW_ QRFMODEL DADOITION El REPAIR _ LIRENEWAL []FIRE DAMAGE [:]DEMOLITION
L,,,) RESIDENCE CICOMM ❑EDUCATIONAL DGOV'T ❑RELIGIOUS[-]PATIO ❑CAR PORT GARAGE 'JSTORAGE SLAB IrFENCE
�DBOND [:]MOVING ❑CONDITIONAL USF _Q#E.SIGN REVIEW ❑COUNCIL APPROVED �OSIGNS _
OCCUPANCY LAND USE ZONE .BLDG.TYPE.._- _YIRE ZONE— PLAN CHECK BY—���_ HEAT
unstrruct sinuis family duall.inr� w/n>ctaat;hsd �,jera(-a. � Hrc'xauAns -- 2 Uetht„
.°AF LORRECTIUN 5111 E f ATTALK l.l.
Ain, f
hf1 1f3 1 i0U�, i i'`')130000.
occ,�QqQ_` Fl.9QH�9Ap_ HEI_QHT .- .W
STQB-1U AREA-- _ __d9�.E�R�?4MS VALl,�1`'
_ BUILDING DEPARTMENTa0
SET BACKS FRONT 2u REAR 26 LEFt SIDE ���"' RIGHT SIDE
Permit 'W103•0U
THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING
Plan Check �n REGULATIONS AND ALL APPLICABLE CODES ANO OPOINANCES, AND IT IS HEREPY AGREED THAT THE
WORK WILL BE DONE C;4 ACCORDANCE WITH THE PIANS AMU SPECIFICATIONS AND IN COMPLIANCE WITH
Subtotal R4, 0 ALL APPLICABLE CODES AND ORDINANCES. THE ISSJ4NCE OF THIS PERMIT DOES NOT WAIVE
-- RESTR;CTIVE COVFNANTC. CONTRACTOR AND SU9 C,ONTPACTORS TO HAVE CURRENT CITY BUSINESS
State Tax 'I ""1 ? LICENSE. SEPARATE PERMITS REOUIRED FOR SEWER, PLUMBING AND HEATING,
Total FIW- #1 $100.00
By _
P1 ---- _.__ —_ --------._
t+' APPLICANT OR A(iF.NT �..-.
Approved - Receipt No. -3 '
r
tlt � w awe alt't tal tao� +z� �Ie 7
DATE INSPP, TYPE INSPE-TION REMARKS PLUMBING DATE
--- - � -------�-- - - Contractor
s:' I n f /�.f�► - --- Permit No.
ate- T 7 w�_00 Rough in
� ------- - ---------- --- Fixture -----
/l-
gigs 1430 O~ ----- --- --- Final
—_-_ "�-1 1 Olt^j/%gy4 1/ HEATING
Contractor
Permit No. - /O
3- 3i !=�_ 11 ct. ''N/i�_ s noK.Ct
Gas or Oil -- -- — --
t/•/•� Rough-in
—- jdL_A_j--_ e),k�._ ——_ —. — -- ---- -
Final
— _—_e�---- - SEWER
— -- ---- ----- Final — -- —
DRIVEWA
Filial
StorMt Drainage.
(Rain Drain)Final
Sidewalk
Curb&Street Final
Approach
BLDG. DEPT. FINAL TEMPORARY CERTIFICATE OCCUPA C Final— —
CERTIFICATEOCCUPANCY �`` ---
7" Landscaping
Zoning Final
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/fain FLuer�
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City of Tigard Mechanical Permit Permit
2�'�
-(�' '
N,nv Installation )U Replace U Relocation ❑ Addition EJ Alteration [j '� W.state
TOTAL
CONTRACTOR Imperial Mech. OWNER_ Moore Brothers, Inc.
4532 SF 63rd o 11190 SW Navare Ct:.
ADDRESS, _ WORK ADDRESS!
Por.tTan_cc ;Orego � Irnperi T Mec�-
PHONE_ APPLICANT-------.---
H-at Input Rating (B U er^ _
our►_.__106`, 000 Vent Size v Flue Stze
FUEL OIL ❑ GAS 4�j ELECT ❑ OTHER_
ITEM NO. FEE ITEM NO. FEE
For Issuance of Permit__ i _3.00 _Air Condition Compressor 15 to 30 HP - 10.00_ F
New- Under 100,000 BTU_� 4.00 _ Air Handling 10,000 CFM _ 3.00
New 100,000 BTU &over 5.00 Air Handling Over 10,000 CFM-^ _5.00
Floor Furnace _ 4.00 Evaporative_Cooler _- 3.0
Nall • Floor -Suspended _ 4.00 Range Vent Fan _ 2.00
Install Vents Only _ ^ _ 2.00 _ Vent System_ _ 3.00
Repair Heat& Cooling 4.00 Hood Commercial_ _ 300
Condition Compressor _Under 3 HP 4,00 Commercial Duct System ^_ u 10.00
A Condition Compressor 3 to 15 IJP 7.50
1NSPE"TOR'S COMMENTS———
CITY
OMMENTS-_,_ —CITY BUSINESi I ICENSE REQUIRED FOR ALL CONTRACTORS OR SIJB-CONTRAC199S
APPROVED BYDATE ISSUED 13Y. ,- DATE
RECEIPT NO. _
:,. _ __- . __..._-.__..._. �_.-... _„_....._......._._..._...... Signature of Applicant