11930 SW 70TH AVENUE 11930 SW 70TH AVENUE
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MI - NO . BU870351
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fTYOf TIGARD
COMMU141TV DEVELOPMENT DEPAnTMENT /;31.
13125SW Hall Blvd.,P.O.Box 23397.Tigard,Oreg,^97223.(503)639-4,75 11 P I'M PM I- NO (370:351.
J09 ADDRESS : 1.1.930 SW 7GTH
T(IX MAP/I.AXI IS11*156EX"172007-410 SUB 14K
LkND USE:
LOT Li I ZE : VALUATION 111111 7,360 SF:T8A1,'KS
FRONT : REAR: 5
WORK (:,LA55 - NEW OWEL.L .UNITF, : LEFT: 13 RIGHT :
LISP. TYPE C NO. BEE)POOMS EXT .WALL CONST :
CONST . TYPE; VN NO.BATHS : N:NR 5: E:NR W:NR
UXI 1P .GF-41P . : M1. PRUT .OPENI:NGS :
UCCLIP.LUAD N:NR S :NR E:NR W:NP
TOTAL AREA : 7P.0
NO. STORIES :
ISY: ROOF C(:)NGr : ("I FIRF.'. NO
PND AL' EA A 1, D
BASEMENT'? No 3RO. OCCUP. SIEVIARI? NATED :
MI=..7ZAN1'.NF-'7 8A5%FM"T
FLUOR LOAD: F742 SPAKILP7 NO Al A411`117
Fl..OW F.-c-1-1
HEAT TYPE: 141)CP AC(4;ESS7 CUPP7
PI AN U11-11F.CK BY:
REMARK i :
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LAST REISSUE
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This pefmit
is Issued subject to the regulations contained in Title 14
of the TMC Stale of Oregon Specialty Codes,zoning regulations r1EQUIRED INSPECTIONS
and all other applicable codes And ordinances, and it is hereby FOUTING
tigreed that the work will be done lo accordance with"ie plans and
1-;RAM I NI
specifications and In compliance with all applicnnle -odes and
ordinances The issuance of this permit does not waive restrictive
covenants Contractor slid subcontractors shall have cement city
business lax permits This permit will expire and become null and
void if work is riot started within IFO days,or if work is suspended or
abandoned for a period of 180 days any time after work has
cornme�iced It WIAII b,t the responsibility of the permittee to assure
all a ,eq
ll req,ji'red Inspections Are requested and approved
siqqAttire
Is. y CALL FOR INSPECTION 639—A175
Issued
Issued FB3
SEPARATE PERMITS REWIRED FOR WURK OTHER THAN DESCRIBED ABOVE
.w N'W
CITY OF TIGARD
NOTICE OF DECISION
M 87-18, V 87-25
RICHARD AND JANICE LADICK
APPLICATION: A request by Richard and Janice? Ladick for approval of an
accessory use permit to allow construction of a 24 foot- woodworking shop on
property zoned ---P (Professional Commercial) . Also requested are variances to
1) allow the building to be 720 square feet in size when the Community
Development Code (CDC) prescribes a maximum building size of 500 square feet
and 2) to allow the building to be 13 feet high at the peak when the CDC
specifies a maximum height of 12 feet for accessory buildings. Location:
11930 SW 70th Street (WCTM 1S1 36 DC, Lots 7200 and 7400) .
DECISION: Notice is hereby given that the Planning Director's Designee for
the City of Tigard has approved the above described applications subjrct to
certain conditions. The findings and conclusions on which the Dirtc'. ,r's
Designee based his decision are as noted below.
A. FINDING OF FACT
1. Background
No previous applications have been reviewed by the Planning Division
regarding this property.
2. Vicinity Information
The subject parcel and properties to the north, east., and south of the
parcel are zoned C—P (Professional Gommercial) . The C—P zone is
primarily intended for business and office centers. At present,
however•, the parcel and adjacent C—P zonad properties are developed
with single family residences. A number of vacant, tree covered
parcels also exist in this area.
Northwest of 1he :subject parcEl are a number of single family
residences in an area zoned R-1 .5 (Residential 3.5 units/acre) .
Southwest of the parcel is a .;urr•ently undeveloped area zoned C—G
(General Commercial). The Dartmouth Street Extension, which is slated
for construction in Sprir-, 1986 will pass through this area
approximately 100 feet south of the subject property.
3. Site Information and Propoa+Al Description
There is currently a single story, single family residence located on
the parcel. Single family residential use is not a parmitted use in
the C--P zone. The existing house was constructed prior to the 1983
rezoning of the area and thus is a legal nonconforming use.
The applicant- proposes to construct a 72.0 square foot, 13 foot high,
woodworking shop in the southeast corner of the rear yard, Variances
are requested to the maximum accessory building size standard of 500
square feet and to the building height standard of 12 feet. The
applicant• states that the size variance 1.9 required to Billow adequate
spacing of power tools. The applicant also states that the additional
height for the shop is necessary for maneuvering large pieces of
plywood.
NOTICE OF DECISION — HOP M 87-18/V 87--25 -- PAGE 1
An approxima' . .y 120 squ&re foot wood shed is located north of the
driveway. A six foot high wood fence surrounds the rear yard. The
parcel slopes downward from the rear yard to the gravelled private
dead end road along the front lot line. The accessory building would
be screened from adjacent properties by the existing wood fence,
trees, the applicant's house, and by difference in elevation. Because
of these screening factors as well as the distance the woodworking
shop would be from a-�jarent houses (minimum of 175 feet), typical
woodworking shop noises are not expected to adversely affect the
shop's neighbors.
4. Agency and NPO Comments
The Building Divisi- - and Engineering Division reviewed the proposal
and offered no obj .tions to it. No other comments were rucei,:kd.
B. ANALYSIS AND CONCLUSION
Nonconforming Use Status
The existing single family residence on the site is not a permitted use in
the C-P (Professional Commcrcial) zone. The house was lawfully
constructed prior to the 1983 rezoning of the property to the C-P zone.
Residential use of the existing house is therefore a lawful nonconforming
use in the C-P zone. Chapter 18. 132 of the Community Development Code
declares that nonconforming uses and structures are allowed to continue
but are prohibited from enlarging, expanding, or extending the use. In
the present case, the Planning Division does not view construction of an
accessory building, as enlarging, expanding, or extending the residential
use. Rather, the Division views the building simply as an accessory
building, like a garage or tool shed, that does not add significant value
to the residential use and therefore poses little or no obstacle to the
possible future conversion of the property to a use contemplated by the
C----P zone. Because of this, the Division does not find that Chapter 18. 132
would prohibit construction of the proposed woodworking shop.
Accessory Use
The proposed woodworking shop satisfies the approval criteria for ar
accessory structure set forth in Chapter 18. 144 of the Community
Development Code, except with regard to building area and height as
described in the Variance discussion below. The building will be located
five feet from both the rear and side property lines; is located in the
rear yard; and its construction will not cause the maximum lot coverage
requirement to be exceeded, If the variances to maximum building height
and area are granted, the accessory structure criteria will be adequatel%
met.
Variances
Chapter 18. 144 of the Community Development Code restricts ar_ces!cory
structures on lots smaller than 2,5 acres to 500 square feet in area and
restricts accessory structure height on all parcels to a maximum of 12
feet. The applicant requests variances to these standards so as to allow
a 720 foot building on the 0.4 acre parcel and also to allow the building
to be 13 fFet tall at the roof peak .
NOTICE OF DECISION - HOP M 87-18/V 87-25 - PAGE 2
■
Section 16. 134.050 sets forth criteria for gr•an'A ng a variance. The
following criteria east be satisfied;
1 . The proposed variance will not be materially detrimental to the
purposes 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 d."strict or
vicinity.
2. Ther are special circumstances th&t exist which are peculiar to
the lot size or shape, topography or other circumstances ever
which the applicant has no control, and which are not applicable
to other properties in the same zoning district;
3. The ►-se proposed will be the same as permitted under this Code ar►d
City standards will be maintained to the greatest extent that is
reasonable, possible, while permitting some economic uae 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
adversely affected any mur•e than would occur if the development
were located as specified in th- '')de; and
5. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
In the present case, no special circ•:mstances peculiar• to the site create
the neon for the variances, nor would physical or natural systems be
affected by the variances requested. The use proposed is allowed by ':he
Code and the amount of variances requested are riot- substantial.
Therefore, the significant criteria in this case are compliance with Code
and Plan standards, impacts on adjacent uses, and whether the hardship is
self imposed.
The requested variances to allow the proposed woodworking shop additional
area and height do not appear to conflict with Code purposes or Plan
policies and will riot be detrimental to adjacent. properties . The apparent
purposes of the regulations for accessory structure area and height urs to
limit the structure' s scale so that it is clearly secondary to the p-imary
use of the property for• residential purposes and also to minimize possible
visual conflicts with adjacent primary uses. In the present situation,
the existing house and fence along with on-site: and off-situ vpgetation
and grade changes would visually screen the proposed woodworking shop from
adjacent uses. In addition, tl►e size of the existing house and parcel and
houses on adjacent parcels are large enough so that a 720 square foot
building clearly is a secondary st-ruct,ure,
The present hardship, the Code not allowing accessory buildings to bki as
large or as tall As the applicant would like, is not a self-imposed
hardship, but rather• appears to result: from the Code not adequately
considering space ar►d height- rQquir•ements of all foreseeable uses
occupying accessory buildings , Based upon► the Planning staff's review of
the applicant's diagram of a typical woodworking shop, the additional 220
feet of area appears necessary to accommodate the woodworking equipment.
In addition, the applicant' s request for an additional foot- of height so
as to allow easy handling of large pieces of wood also appears justified.
NOTICE OF DECISION - HOP M 87-18/V 87-25 - PAGE 3
MEN
For both dimensions requested to be varied, the amount of variance
requested is minimal and roasonabl.e.
C. DECISION
The Planning Director's Designee approves M 87--18/V 87-14 subject to thy,
following conditions:
1. A building permit shall. be obtained prior to construction of the
woodworking shup.
2. The woodworking shop shall have a minimum setback of five feet. from
all property lines, a maximum height of 13 feet, and maximum area of
720 square feet.
3. Should the applicant: decide in the future tc sell the produ-.ts of the
woodworking shop, a City of Tigard Home Occupation Permit- shall be
obtained and a City Business Tax paid.
4. This appriaval is valid if exercised within one year- of the final
decision dated noted below,
I1. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant 6 owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
_ XX _ Affected governmental agencies
2. Final _Decision: THE DECISION SHAL.L BE FINAL ON y/ �3 7
UNLESS AN APPEAL. IS FII.ED.
3 . Appeal: Any party to the decision may appeal this decision in
accordance with Section 18.32.290(A) and Section 18.32..370 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.
The deadline for filing of an appeal is 3:30 P.M. 1--113114U
4. 9.yLL stiuns: If you have any questions, please call the City of Tigard
Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , PO Box
23397, Tigard, Oregon 97223, 639-4171.
�ht V)14-1 I
PREPARED B y r Assistant Planner DA1E
r
n
Keith S. L idea, Senior Planner - !D T--1,1,00VE.D
cn/2..323D
NOTICE OF DECISION - HOP M 87-18/V 87-25 -- PAGE 4
PLAN CHECK APPLICATION
PLAN CHECK # //-�I 3
PERMIT # pis'
DATE ISSUED
JOB ADDRESS: i �'° o _ TAX MAP/LOT
SUB: LOT:_ _ LAND USE: _ w
VALUATION: 77.- (1 SETBACKS: FRONT:+ REAR: .:S'" LEFT: /-S- RIGHT: =
WORK CLASS: HEIGHT: 13, _ TOTAL AREA:
USE TYPE: FLOOR LOAD: -a,� �- 1ST:
CONSTR TYPE: HEAT TYPE: - _ 2ND:
OCCUP GROUP: 44 DWELL/UNITS:__, 3RD:
OCCUP LOAD: _ NO BEDROOMS: BASEMENT: _
NO STORIES: ( NO BATHS: GARAGE: _
IMP SURFACE: r
APPROVALS REVD SPECIAL NOTES ITEMS REQUIRED
PLANNING: REISSUE OF: LIST SUBCONTRACTORS:
ENGINEERING: LAST REISSUE: BUS TAX: _
FIRE DEPT. : _ FLOOD PLAIN/ CALCULATIONS:
OTHER- SEN LND. : TRUSS DETAILS:
PARKING PLAN:
LANDSCAPE PLAN:
PIAN CHECK BY:( / OTHER:
COMMENTS: �.�Lu ,�f� f 1 .g__ 21L -1� �? � �'-'-"'t wo-
T
ACCT 0 DESCRIPTION AMOUNT
OWNER 10-432 Bailding Permit Fees $
NAME: , , !� 10-431-600 Plumbing Permit Fees $
ADDRESS: G' �,. 1.0-431-691 Mechanical Permit Feec
10-230--501 State Building Tax (5%) $
10-433 Plans Check Fee $ y v w ?
PHONE: 30-443 Sewer Connection (20X) $
30-202 Sewer Connection (80X) $�
CONTRACTOR 4. 30-444 Sewer Inspection $
14AME: ; �:��.,.._ 51-448 Street System Dev. Charge (SDC) $
ADDRESS: _ _5z_ 52-449-61.0 Parks I System Dev. Charge (PAC) $_
52-449-620 Parks II System Dev. Charge (PDC) $
_ 31-450 Storm Drainage Syst Dev Chrg(SSDC)
PHONE: _ I0--230--503 TRFD (95X)
-Y 10-435 TRFD (52) $_
ARCH/ENGINEER 10-230-506 Washington County Fire #1 (95X) $
NAME: _ _ 10-435 Washington County Fire #1 (5%) $_
ADDRESS: 1.0-220 Amart/Wedgewood $
_ TOTAI, $
PHONE: _ �-
3
PREPAID $ ..
REC # 2 112
BALANCE DUE S q
APPLICANT SIGNATURE
Receivod Bv: ��` < Date Received! ' l�" f
A
I _
! CITYOFJfAw RD No. 26974
13125 S.W. HALL BLVD.
P O BOX 23397 Date ///-3U 7
TIGARD,OR 97223
Name
Address
Lot Block/Map Subdivision/Address '7
Permit M's Bldg. Plumb Cash Check ^
Sewer--- - – Other PIE Other Rec. By
/- </3 R o
Acct. No. Description Amount
10.432 Building Permit Fees
10-431.600_ Plumbing Permit Fees
10.431.601 Mechanical Permit Fees
10.230.501 State Bldg. Tax
10.433 _Plans Check Fee ____ y •S3
30.443 Sewer Connection
30.444 Sewer Inspection
51.448 Street Syst. Dev. Charge
52.449.610 Parks I Syst. Dev. Charge T
52.449.620 Parks II Syst. Dev. Charge_
31.450 Storm Drainage Syst. Dev. Charge
1U-430 Business Tax
10.434 Alarm Permit
10.27 Bail
10.455- Fines • Traffic/MisdlParking — —
10.230 CPTA TrafficlMisdlVic. Asst. _
10.456 Indigent Defense
30-122-401 Sewer Service/USA
30.122.402 Sewer Service/City 30%
30.123 Sewer SevicelCity Maint.
0.125 Unmatched
31.124 Storm Drainage
40-475 Bancroft Prin. Pymt.
40
4-7 1 Bancroft Int. y'�mt. _