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10835 SW TIGARD STREET 10835 SW TIGARD STREET MEMORANDUM CITY OF TIGARD r To: File From: Brad Roast, Building Official Date: February 24 , 1992 Subject-_10835 SW Tigard St, 1S134DD Tax ;mot 501 Mr. Tom Burghardt (696-7849) inquired about extending the public sewer to the above property for construction of a new home. After discussing it with Greg Berry, it was determinea that the public line would need only to be extended across the font of tax lot 300 , to the SE corner of Tax lot 400 . A private line and easement could be used to service the new house to be built on tax Lot 501 L-1 a.j u t9i a 46J.Li 4A.J ( : : '4 yu,t " +�''�1,!',. n ��.:,,'�.+�' t,. ' �. � ,i,Ttp{r ,C.`• f�����n�` �, .�(i� to to CC to low lr� 'S.•��'j,F�. IT; ,1 f" �lI �� ',a � dCTt�:�//.7�' •�. w'7. 1 �.`p. . f. •4. .<- t .r t , \ p1�v+. + ��.,Lti ti r' .c. CITY OF' TIGARD NOTICE OF DE_CIS:TON VARIANCE V08-19 ROBERT & CHRISTINE FITZGERALD APPLICATION: A roquest by Robert and Christine Fitzgerald for an Administrative Var, yncu, to allow a 400 foot long gravel driveway whereas the Code requires an asphalt or concrete pavement surface for driveways. The property is zones R-4.5 (Single Family Residential, 4.5 units per acre) . Location: 10835 SW Tigard Street, (WCTM 1S1 34DU, TL 501) . DECISION: Notice is hereby given that the Planning D:.•ector's Designee for the City of Tigard has APPROVED' the above described application subject to certain conditions. The findings and conclusions on which the Director's designee based his decision are n. ted below. A. FINDING OF FACT 1 . Background Tax lot 501 was previously the subject of Planning Division review of a proposed lot- line adjustment between it and adjacent tax lot 400. Director's decision M 87-05 approved the transfer of 0. 12 acres from tax lot 501 to tax lot 400. No other applications involving tax lot 501 have been reviewed by the Division. 2. Vicinity Informa.ti.on The property is bordered by R--4 .5 zoning except to the northeast where parcels are zoned R--3 .5 (Residential, 3 .5 units/acre) . Development in the area is strictly single family residentia) with lots ranging in size from 6,000 square feet tll several acres. The Doreen Court subdivision, which is bisected by dui 100th Avenue, is located to the north and northwest of the subject parcel . SW 108th Avenue is a dead end street without a cul-de•-sac. tur:iar•ound because it was anticipated that the street wou!.d colt-inue south to Tigard Street at sometime in the future. 3. Site Information and Proposal Description A two--story single family residence i, located on the northern portion of the 1 .26 acre lot. An approximately 400 foot long, 15 foot wide gravel driveway extends from Tigard Street to the residence (see Exhibit 1) . -the Occupancy Permit for the residence was conditioned upon the owners either paving the driveway in compliance with Community Development Code Section 18. 1O8.O7O(a) or receiving a variance to this requir•crent. Section 18. 108.070(a) rec-ires that driveways serving residential uses be paved. the applicarl:s request that a variance to this standard b^ granted. The applicants assert that the regLt red NOTICE OF DECISION - V88-19 - FTTZGERALD - PAGE 1 paving would constitute an undue hard:.:hip to them if the pavement was later required to be removed to allow fur an extension of SW 108th Avenue on their property or, if a future extension of the road on adjacent property also would allow them to have a much shorter driveway than presently exists . 4 , Agoncy and NPO Continents The Engineering bivision reviewed t:he propo:;al and offered the � following continent: The City has identified a need to provide an indirect connection between between Tigard Street and North Dakota Street:, One of the better- locations for this .connection is 108th Avenue which currently exi:;ts sough from North Dakota Street half way to Tigard Street. The extension of 108th Avenue will occur only when development occurs in the immediate area. If the driveway's gravel surface is allowed to remain, the driveway approach at Tigard Street shall be paved a minimum of 15 feet nor-thward from the edge of the street.. I:n addition, an agreement scall be executed by the applicants which waives the property owners' right to oppose or, remonstrate against a future Local Improvement District- formed to improve SW IOBth Avenue, including right-of--way dedication. The Building Division, Washington County Fire District #1, Tigard Water District, PGE, and GTE reviewed the proposal and offered no rnmmrnts or objections . No other comments were received. B. ANALYSIS AND CONCLUSION Community Development Code Section 18. 108.010(a) requires that driveways serving residential units be surfaced with either asphalt or concrete. the applicants request a variance to this standard to allow retention of the existing gravel driveway. The request is largely based on an assumption that SW 108th Avenue may someday be completed southward to Tigard Street, thereby providing a public road much closer to the applicants' house and thereby reducing the necessary driveway length. If the road is extended, any pavement that might be put on much of the existing driveway would become obsolete and also would be more difficult: Lo remove than a gravel surface. Because of this, the applicants would have greater expenses f,-.r both installation and removal of an asphalt or concrete driveway . Code Section 18, 134.050 provides for• grant irig a variance to Code requirements upon a determination that the variance will n it he detrimental to adjacent properties and physiral or natural systems, will riot conflict with the p,.,rposes of the Plan and Code, that City standards will be maintained to th,q greatest extent possible by minimizing thO extent of the variance, and that the need fur the variance arises from circumstances peculiar, to the parcel. NOTICE OF DECISION - V88-19 - FITZGERALD - PAGE 2 In the present ca.ie, the request s based largely on the peculiar circumstance of the driveway' s location relative to the potential future paths of a street extension. City staff has discussed with the applicants that if a variance to the paving standard is granted, the variance must: be limited in duration. A condition of approval of the variance would require the applicants to enter into an agreement to pave the driveway when the road is extended or within a cer•t�rz.in number of years, whichever coinos first. In addition, the applicants were informed that paving of the driveway approach to the road would also be required at the present time, Together, these conditions will serve to limit the extent of the variance arid to assure that the purposes of the Code will be upheld for the short tor•m because the paved drive:46y approach should minimize dust arid mud being brought onto a public road arid because safe access and egress from the driveway will be assured. The purposes of the Code will be also upheld for the long term through requiring the driveway to be fully improved to City standards in the future. No impacts upon adjacent pr•oper•ties or' U30S are foreseen. No adverse impacts upon traffic. on Tigard Street are foreseen. Based upon this analysis, the criteria for a variance to the driveway pavement standard are satisfied, as long as conditions are attached to the approval as described below. C. DECISION The designee of the City of Tigard Planning Director approves the requested variance (V 88--19) subject to the following conditions: 1 . it►e applicants shall execute a Voluntary Compliance Agreement which commits the applicants to pave the driveway to the residence within 30 days of the completion of an ext�lnsior► of SW 100th Avenue within 125 feet of their residence, or the entire driveway within five years of this approval, whichever occurs first. The Voluntary Compliance Agreement shall be completed and submitted to the Planning Division within 30 days o' the effective date of this decision as noted below. (STAFF CONTACT: JERRY OFFER, 639--4171) 2. The applicants shall pave the driveway approach at. Tigard Street a minimum of 15 feat from the edge of Tigard Street., The paving shall be completed within 30 days of the effective date of this decision. A street opening permit shall- b,: obtained from the Engined-ring section prior to installation. (STAFF CONTACT: JOHN HAGMAN, 639--4171) 3 . An agreement `iall be executed by the applicant, on forms provided by the City, which waives the property owners' right to oppose or remonstrate against: a future Loral Improvement District formed to extend 108th Avenue, including right:--of-way dedication. Execution of the agreement shall occur within 30 days of the effective. date of this decision. (STAFF CONTAM : JON FLI.GION, 639-4171) y ii Iru-Ay NOTICE OF DECISION - VBB-19 - F.T.TZGERALD - PAGE 3 D, PROCE1.1URE: 1 . Notice: Notice was publisii�d in the newspaper, posted at Cit-11 Hall. and mailed to: XX The applicant & owners – XX _ Owners of record within the required 3istance –� XX "IF,e affected Neighborhood Planning Organization _ XX Affected gcver•nmental aryencie.s 2. Final Decision: THE DECISION SHALL BE FINAL_ ON UNLESS AN APPEAL IS FILED. 3 . Appeal: Any part,/ to ' the decision may appeal this decision in accordance with Section 18.32,290(A) and Section 1.8.32.310 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW (tall Blvd. , Tigard, Or•pgon. The deadline for filing of an appeal is 3:30 P.M. —21/- 79 4. Questions: If you have any questions, please call the City of Tigard Planning Department., Tigard City Hall, 13125 SW Hall Blvd. , PO Box 2.3397, Tigard, Oregon 972.23, 639-4171 , PREPAREO� Y. err• f or, Assistant Planner DATE Keith o. L den, Sen,.or Planner DATE APPROVED (cn/738',U) NOTICE OF DECISION – V88- 19 – FITZGERALD -- PAGE 4 ♦ S n --Y- : , :-- T ..�, - �,,_ __ T J___.T__ l T---T-�v a R TH—T---L-, 722000 ` 07.54790.66�.IJ f I 5^2200 2300 2400 2500 2600 27"1 1 42AC ja A� 0 2800 z 9FAC. 37AC 37At'. L/BAC .66AC. 126AC. q w v N (190) v. wr N I T1 - T 0 TNI Al_ POINT I r 111.0! •3 %.4.�j 7 F `d_t�c92� 4500 P r -T 5200 4+ N m 2 +-� ¢tT r � _ �.� � n 67 67 ^ N 10 1l O n 10"0 / Q � o 10!1.65 U o h 4600 LL� _... 5100 1- n 3 loa5e A- 4700 L� , 5000Lo N N 1058 tt' 15.y 2' 4800 Qh ? 4900 C/) Eax.uerl � 6 P _.._._ 9 e c s W)"36 JO' E 3.97cH. i7.a9 • �9• J10'[ I►9.� t — t79.6e N� 179.0 w•os'w 600 800 X1501 200 1.26Ac100 /.2B ,e c. I7.75Ac. X I + TI I__ I • A • � b A 1 ^ + w I x'.4.• &4,1 I. � -64 Arn 114.4 -_ T00 400 f44 Ac. .5OAc. •� h F- •� 11/1 50 !!aa M X9.9 '93'w t►9J 124 6► I19.1 JO S.W. TIG I l1►4 c —Z-----— 9 3 s .., —. ------ i i CCITT'OF TIIFAPD OR i May 3, 1988 i Mr. Dave HolFcher 500 NF Darnielle Hillsboro, OR. 97123 Re: 10835 SW Tigard Street Permit No. 6952. Dear Mr. Holscher: i On December 4, 1987, a final Inspection was conducted at the above-reference,'. property. There were several corrections noted which required a re-inspection before occupancy of the building could be permitted. As of this date nc re-inspection or occupancy permit has been obtained, yet. the building has been occupied. If this situation is rot corrected within five 3) days of receipt of this letter, the City will take legal action against you. Sincerely, Brad Roaat Building Official ke/4556D i i 13125 SW►Hall Blvd„P.O.Box 23397,Tigard,Oregon 97223 (,503)639-4171 -�— Oil i" C ITY TIGARD December 29 , 1987 GON of Service 1-1986 Mr. David Holscher 500 NE Darnie.11e 'lillsboro OR 971.23 r� : 10835 SW Tigard St . Building Permit #6952 Dear David: It ha ; come to our attention that the home being constructed by you at the above address has not received fir,al approval. At the ;ime of the last requested inspe::tion, December 4 , 1987 , Mr. Bob Thompson, Construction Inspector. , advised you of the city requirements . fie mentioned that you would need tc request approval for an alternate driveway covering( by applying for a variance through the planning depar.tment ) if you chose not to pave the driveway. To date neither the paving has been done nor has a variance application request been submitted. Enclosed riease find a variance application . You may contact Keith Liden or Jerry Offer of our planning department for help in this matter. Sincerely, Julie D. Ouellette Building Permits Clerk Enclosure cc : Keith Liden , Senior Planner 13125 SW Hall Blvd,RO.Dox 23397,Tigard,Oregon 97223 (503)639-4171 — -- INSPECTION NOTICE t City of Tigard Building Department ' s P.Q. Box 23397 Tigard, Oregon 97223 Phone: 639-4175 Type of Inspection Date Requested �2 1. Time A.M. P.M. Address G� r-C1 Permit # 4 � Owner _ I Lot`L Builder J �1 . i � ,C) – The following Building Code deficiencies ire required to be corrected: S 7 - - Presented to — F,i Approved inspector sapp�oved Date CALL OR PEClON YES O NO P.O.l3 x 223W CITY OF TIGARD PLUMBING 1:1125 -") 11311 BlVJ. Applicants must hold Oregon Registration to conduel a plumbingy 'hgard CR 97223 business or must be property owner/operator not hiring outside help. PE R.M IT 639-175 Nano of Deveio mord Z r' Plumbing Permit No. Address Dewliption yob J292, �> W ,AKC� S T ORS 814.21.610-- WAN. PRICE AMT Tax Lol Map.No. Address FIXTURES Lot Bkw:1c SubdieAaion ---------- _ -- --'-'- _ -�-- - Sink 7.50 sme or name ness Lavatory T_- - --_ --- - 7.50 �f1�1 SG fir - T-ib or Tub/Shower Comb_- _- ar1'areg sss Shower Only 7.50 OwnerC /�tnte Zip Water C60301 _ 750 _ 7 f Dishwasher - - - - 7 50 Phone Garbage Disposal 7.50 e Name s Washlrq Machin -- - � ---- -7.50 _ --- - - _. - .. �- - - Floor Drain 7 50 Mailing Wress Ftwxle Water Heater 7.50 Laundry Room Tray 7.50 O.:cupant CkylSUrte LP- - - -- ----- -- Urinal 7.50 _ ame a —� Other Fixtures(Spsgly) _._-7,50 l 7.60 W555 Address - 7.50 Contractor Cly/Brae -- ZIP -� __--- 7.50 MISCELLANEOUS — City&xs tax No Sewer 1st 100 _ 30.00 State dNo-"Swe Plumbers Bus G Sewer-es.hddit 100 -- - -- 1500 (Rettdsrehal) -��' .2 Water Service l at•00 - -- 20.00 1 hereby ecknowiedge Meal I he"reed this spolicarion.Mut We kowm mon Water Sani;r err.A16I.20r 1500 given is correct,Mut I am repWwW with the Stsee t'kAdees Board.and a iso Skm a Rax,Drain I st.100 30.00 hw-%■Stale Pkrmbkap loenow that the nurnbers given are 0arect.the'all ---_ pkffr*xrg wok wig be dee in oorwrdanoe with appilcebie provisireres M Or,#- Skorm 3 P yn Drake A&M 1100__ 15.00 - - gon Revised StaWles Chao"447 and 693 ar+d appkable oodes and that r Mobile HoneSpaw- 25 00 no help wiM be enpkjW uniess IY,srssed raider ORS 603. 01 exempt Iran —-____--- --- _ -- State registration.pleass qAm reason below). Beak Fbow Preventlo+e H(MEOWNERS --i heist!oerWy Mid I txn the awrw of the proper; dL^ DevtworAnO-PDIkAron Dev" - I SO scribed above.of wi dd lo-joilm,1 propose to maks a pluirnt eg hstMlakw r for Any Trap or Wash Not my own use erect MMa properly M not balrV rcavMvcMd for sale.Naae or rant. Gryrspmed to a Fixkne 7.50 CalOh Basin - 750 10�W.of Exist_Ptumbireg - --- 40_00 Per tk -.---------_-- __-�--_._-_ Speo"RequeaMd k"Odions L 40.00 Per t* - _----4 ---.------T._ -__ Asir.of PkwrftV wNf+lre an Exh"Wdp 1 S.W min --- i_uii RI7ED 9KINATUj1E ._ --- - - - �a Now Bldg_or BuMd.Ad~ 26.00 r?on — FA= UlawlairNie Bandl Deseribs wotk new Pg addition❑ alteration❑ repair( ] r9weL1' 15.G1 ID.bS done _ reside tial M-- non-reeldentiat F I __� -- - -- Exletlrlp use of bu klrtp or pro5„artY PV U" TOTAL "an-If _.---.___. _.. ThM psmM bsoOeNs n0 and word N work w oonwwc4on sAmited Y not omo- +ttsnoad MM1Y1110 dapa,pr w oMss ical a or wo*4s NlspwdW or slnrldmw d fa *;mW of 100 ftys art any tine afMr work M ooriw o and hate Itltwscf 3 tri -- - rR;p ass I1 r BUILDING PERMIT APPLICATION DATE is _. "J2 THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT FOR THE WORK HEREIN INDICATED BUILDERPHONE GAa-9400.___ OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNER P�•Ir4 ,} g� � ��33 Iii T�.cJitl't'I $�, LOT NO. l.iL � �J �-- OWNER ;."AJA7c F Ai96XXWXDDFESS . c13.3.1sbcr0 ARCHITECT Parlin i Hill 590 SW Brt�okwc�d ENGINEER BUILDER I _ I!a is;��r ADDRESS DESIGNER_ STRUCTURE L4 NEW ❑ REMODEL ❑ ADDITION ❑ REPAIR ❑ RENEWAL ❑ FIRE DAMAGE ❑ DEMOLITION It RESIDENCE ❑ COMM ❑ EDUCATIONAL L.J GOV'T ❑ RELIGIOUS ❑ PATIO ❑ CARPORT ❑ GARAGE ❑ STORAGE ❑ SLAB❑ FENCE OCCUPANCY LAND USE ZONE Ri•SBLDG.TYPE iPJ—FIRE ZONE---PLAN CHECK BY FT HEAT c33_ en11,;t .-u c t i ngjB ..f hm-I I! Iux-,I I i nt4 vz',�t tai he gnr10 Q_r_y f a I I p 0 r 13pprclye1' 1;11 Ins PET .r. r fir,? s; > > rt to M87- 05_ — Sep,"-ic Lank npprc-,,LLj' stun linhaington Co_; rcaL3rc►Cl SEWER PERMIT N _ hn�;.i�._ L�:ip a garage aron 444 OCC.LOAD FLOOR LOAD 0 HEIGHT '�4� NO.STORIES _� AREA 2 2 1 O.BEDROOMS 4 VALUE ", 850 BUILDING DEPARTMENT SETBACKS FRONT REAR 75 LEFT SIDE t "!RIGHT SIDE 63 433.00 — — — ^— Permit _ THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINEC IN THE BUILDING CODE, ZONING jt+� _ REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE Plan Check WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS ANC SPECIFICATIONS AND IN COMPLIANCE WITH ALL APPLICABLE. CCDFS AND ORDINANCES THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE $ub•total RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS 1 GJ LICENSE.SEPARATE PERMITS REQUIRED FORS AVER,PLUMBING AND HEATING. Mete Tax ,i,�. 2 50,u I / Total 494 .65 S( — g►7f).01 By 40.00 PD::N Z 130,©r,1 APPLICANfORAGENT Approved 1 454 fi`� Re Celpt No. /�1 >` t?O ADDRESS PHO F r DATE INSP. TYPE INSPECTION REMARKS PLUMBING DATE Contractor 7 ( !r' X3'8? OS •� /� Permit No. -5,12-Z, J Q Rough•in r Fixture Final HEATING 7 Contractor V•� l• `1 s G/ _ Permit No. 44 p„i Rough-in Final SEWER Final DRIVEWAY Final Storm Drainage (Rain Drain)Final Sidewalk Curb&Street Final Appi oath BLDG. DEPT.FINAL TEMPORARY CERTIFICATE OC.:tRANCY CERTIFICATE OCCUPANCY Final '.andscaping Zoning Final st o z M V N W U s� ♦//Iyy1 Q cr A 0 0 o e LD — � a W U Z v Inqu i.Lj o �, = Q Ll) � o 0 Z O �o of Oz 9As► M ,IZ.Io s LLJ {9 fit► (� o �} tI IC2 4 —� tl L Q � • \ 1 A. 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