14576 SW 83RD COURT ISP
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CITY OF TIGARD
NOTICE OF DECISION
VAP. 90-0031 - RINGER / TICOR
APPLICATION: A request for Administrative Variance approval to allow two side-
yard setbacks of no less than approximately 4.76 feet rather than the required
5 feet. ZONE: 11-7 (Res:�_denti.l, 7 units per acre) LOCATION: 14576 SW 83rd
Court (WCTM 2S1 12BC, tax mot 7100) .
DECISION: Notice is hereby given t: t the Planning Director's designee for
the City of Tigard has APPROVFU \ ne above request subizct to certain
conditions. The findings and conclusions on which the decision was based are
noted below:
A. FINDING OF FACT
7 Background
The subject property was annexed into the City in March of 1967.
The site is located within Getty's Emerald Acres Estates
subdivision which was platted in October of 1986. No other
development review applications have been received .for this parcel.
2. Vicinity Information
A11, of the parcels whiih are accessed by SW 83rd Court are zoned
R-7 (kesider.tial, 7 unite per acre) . Properties to (-.he north and
west of SW 83rd Court .zre =ones R-12 (Residential, 12 unite per
acre) . Proprarties to the northeast are zoned R-7 and those to the
east and south are zoned R-4.5 (Residential, 4.5 unite per acre) .
The area is substantially davelopPd with single-family residences.
3. Site Information and Proposal Description
The rite is developed with a two story single-family residence.
There 4d a va_ietlr of landscape veq,?tation present on thr, site.
ThG applicant Beekp a variance to approve two side yard setbacks
which have been demonstrated to be deficient by no more than 2.88
inches. The applicant wishes to remove: the bui.ldincl'a present
nonconforming statue so that the r.esidsnce complies with the
City's Development Code. Also, in the event that the building is
partially or totally destroyed, it can be rebuilt without the
need for City approval of a variance to repair or replace a
nonconforming structure.
4. Agency and NPO Comments
Thi City of Tigard Building Division hes review9d the prc iaa] and
has the following comment:
NOTICE OF DFCTSION VAR 90-0017 RINGER/TICOR PAGE 1
a (�
Are easements recorded for the subject parcel's Bide yards?
(There are no such easements recorded on this parcel. )
The Engineering Division, and Tualatin Valley Fire District #1 have
reviewed the proposal and have no objections.
No other comments have been received.
N. A.WALYSIS AND CONCL':SiON
Code Section 18.134.050 contains the criteria for allowance of a
variance to a Code standard, they are:
,;1; The pi-,posed variance will not be materially detrimental to the
pvr.poses of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other aprlicable Policies of tho
Community Development Code, tv any other appii,:able policies and
stnndards, and to other properties in the same zoning district. or
vicinity.
(2) There are special circumstances that exist which are peculiar to
the lot et.:e or shape, topography or other circumstances over which
the appl' cant has no control, and which are not aFplicable to other
pro, >rt.iea in the same zoning district;
(3) The use pro-,ose. will be the same as permitted under this Code and
City standards will be maintained to the greatest extent possible,
while permitting some economic use of the land;
(4) Existing pi.y-ical and natural systems, such as but not limited to
traffic, drainage, dramatic land for-a or parks will not be
adversely affected anymore than would occur if the development were
located as specified in the Code; and
(5) The hardship is not self-imposed and the variance requested is the
minimum Ariance which would alleviate the hardship.
,rhe proposal satisfies the applicable approval crit +ria for an
administrative varia.,^e contained in Code section 18.131.050. The
proposal. conforms with t-t,e city's Comprehensive Plan in that the
land use will remain con3istent with the medium-density repidsntial Plan
designation. All other statutory ?nd ordinance requirements, including
front and rear yard building setbacks, will be met as well.
Two primary purposes of siae yard +et�ack standards are tc provide
adequate light and air bet.weet. resider,ces and to allow sufficient f4r-
separation between buildings. The minor• nature of the setback vartavice
(maximum of 2.88 inches) will satisfy the intent of the five foot
setback requirement. Because of this minimal deviation from the five
NOTICE OF DECISION VAR 90-0017 RINGER/TICOR PAGE 2
MWAM
foot standard, no adverse impact,3 have or will occur as a result of this
variance.
The hardship is not self imposed because a good f.tith effort_ was made
during the construction of the house to provide the proper setbacks.
Also, a foundation inspection was approved by the City when the home was
under construction. A subSequent private, survey has demonstrated a
minimal side y;-%! setback deficiency. This variance is only for
distances ranging from 0.24 :o 2.88 inches and Is the minimum variance
which would alleviate the hardship. Requiring compliance with the Cede
would cause a gr.vere hardship for the property owner that is riot
justified in this case.
C. DECISION
used on the above findings and conclusions, the Planning Director's
designee AP!ROVES Variance VAR 90-0017 subject to the fallowing
condition:
1. The subject parcel shall have sideyard setbacks of no less than
4.76 feet from the property line. The existing residence shall be
regarda�i as a conforming structure.
D. PROCEDURE
1. Notice: Notice was posted at City Hall and mailed to:
XX_ The applicant and owners
_XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
__XX Affected government agencies
2. Final Decision: THE DECISION SHALL HE FINAL ON 10/25 90tnf..:Ss AN
APPEAL IS FILED.
3. Appeal: Any party to the decision may appeal this decision in
accordance with Section 18.32.290(A) and Section 18.?2.370 of the
Community Development Code which providQs that a written appeal
must be filed with the City Recorder within .10 daye after notice is
given anti sent. Appeal fee schedule and forms are available at
Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon.
The deadline for filing of an appeal is 3:30
NOTICE OF DECICION VAR 90-0017 RINGER/TI^_OR PAGE I
4. Questions: If you have questions, please ca-1 Citp of Ticlard
Planning Department, City of '.clyard City riall, 13125 SW Hal?.
Blvd., Tigard, Oregon.
PREPARED BY: Ron Pomeroy DATE
'ievelopment Assistance Planner
APPROVED BY: Keith S. Liden DATE
Senior Planner
VAR 90-17.DE^_
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INSPECTION NOTICE
City of Tigard Building Department
P.U. Box 23397
C� ?� Tigard, Oregon 97:23 C�1J
Phone: 639-4175
1-C�iG�l.LQ-'� '
Type of Inspe:tion
Date (Requested
� � 2 �__ Time� A.M. / P.M.
1 `
Address _- =� — Permit
Owner_ - ��„� — Lot
Builder
I
The followint Building Code deficiencies are required to be corrected:
-7z= - --- -
'Presented ro — _ Approv*d
Inspector — ] Dimpproved
Date - ---
CALL. FOR REINSPECTION
0 YES [-I NO
a�Wq
"ITY OF TIGARD639 A171 DAT_ ttttxlrra- /� 19 67 5587`� o 7
BUILDING PERMIT
TAX MAP',S1DA'
LOT N0. 4 _SUBDIV'ISIO11Q1fstty s _
OWNER 1?.Dn i1C1Z1$$_^:Y. S;_ JOBADDRESS _14576 ki P-3rd Ct. ____ ��y �r
aaueh
BUILDER —_ .__ _ STATE REG NO. 3S5;i3 _EXP.DATE 11/ll/13.1
BUILDER'S PHONE 244b944_
ARCHITECT PHONE _----OTHER
STRUCTURE NE:N REMODEL ADDITION REPAIR MOVE L-1 OTHER L' DEMOLITION
Fi RESIDENCE. COMM EDUCATION __i 'ND L RELIGIOUS ACCFSSOHY 1 GARAGF OTHER FFNCE
OCCUPANCY _b j _LAND USE ZONE BLDG.TYPE FIRE ZONE _PLAN CHECK BY ' k HEAT
Caaaatmet si-Lle tamily dwellinrwiattadked yaraKe, all ,,r r pppruved plan-. Sut)jecL I.
Plan 915,
SEWERPERMITM 33025(ldu) 3 hath, lu traps :;arage 42t;
OCC.LOAD FLOOri LOAD 4U HEIGHT NO.STORIES 2 AREA 2355NO.BEDROOMS 4 VAL'JE V),(1r)f1
BUILDING DEPARTMENT SETBACKS FRONT REAR 54 LEFT SIDE RIGHT SIDE 5'f,"
Permit _ y_ _ - THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING
REGULATIONS AND ALL APPLICABLE CODE'S AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE
Plan Check lam_-_ WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE
WITH ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE
PI.Ck.Fire RESTNICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSiAESS
TAX PERMITS.SEPARATE PERMITS REQUIRED FOR SEWER,PLUMBING AND HEATING.
State Tax 15.51 , C 25U,.I)U
Total 655.72 —POCK 15U.UUIcxe4P�1uT`�'� ( y
�. ,;
U - It 16U.DU - -- r;
Receipt No.4 :., ADDRESS PHONE
Bal.Duer'Tw
Issued By - ____ Approved By---
....w.,:.gnu►.'.ryr.W-..a__,�_�r.rw+��.+.a�K..� �...r..�... . -a' .,. .. .. ..L�.4.. ww�NL.Li.�,WY{uY�.Ir.uY.wlilY..r....�..WYLW.r+M�,tir.,11Y...--..-....r..i...Yr.J.. ... .,
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DATE II:SV. TYPE INSPECTION FAMARKS PLUMBING T DATE
S` 7 L-7 � Q Conlrac�tr jk I ZL s• t •�'7
Permit No
S f� ��,� ( Rough in
Xb final
HEATING
Contractor 7 — �-• 4-7
-— JU
Galor Oil
Rough-(n
Final
SEWER----- -- -
Final
_ DRIVEWAY
------�-- �—..- —_—�.— __--.,_—� Final
Storrn Drainage
--- IRam Drain)Final
--— - - ��— ---_
Side'-�
Curb&Street Final
-- --- - .— — Approach
BLDG DEP;.FINAL TEMPORARY CERTIFICATE OCCUPANCY Fina
CERTFICATE OCCUPANCY ---
Landscaping
Zoning Final
CITY OF TICARD MECHANICAL PE'ViUMIT Recoipt#- �
Permit #
Description
Table 3A Mechanical Ccde CITY PRICE AMT
City of Tigard --�— -
13125 �.W. Hall Blvd. 1) Permit Fee 0 0 10.00
P.O. Box 23397
Tigard, OR 97223 2) Supplemental Permit 3.00
639-4175 --
Furrace to 100,000 RTU
1_) incl,ducts&vents 6.00
Furnace 100,000 BTU +
�� incl.ducis&vents 7.50
F Name of Development Floor Furnace
3) incl.vent 6.00
Job Adureas -� Suspended heater,wall heater
Address 4) or floor mounted heater 6.00
Tex Lot Map No. , _. Vent not Incl.in
_ Lot Block Subdivision 5) appliance permit 3.00
Name(or name of business) Repair of heating,refr ig.,
6) cooling,absorption unit 6.00
Mailing AddressPhone , Boiler or comp to 3 HP
Owner 7' absorp,unit to 100,000 BTU 6.00
aty,State _ Zip 8) Boiler or comp to 3 HP-15 HP 11.00
absorp.unit to 500,000 BTU
Name 9) Boiler or comp 15-30 HP
absorp.unit 112-1 million 15.00
Marling Address Phone Boiler or comp to 30-50 HP
10) absorp.unit 1 -1.75 million 22.50
Contractor
City state -Z;, - Boiler or compto 50 HP
11) absorp.unit 1,750,000 BTU 31.56
SlateH�atration No City Bus,Tax Nc 12) "handling unit to 4.50
10,000 CFM
I hereby acknowledge that I have read This application that the information given Air handling t:nit is 13) 10,000 CFM + 7.50
correct,that I am the owner or authorized ager of the owner,that plana bubmitted art In
compliance with State laws,that I am registered vdth the:,tate 3ullders'Bosid,th&t the Non portable
number given Is correct.(If exempt from State registration please give reasonbelow). 14) evaporate Cooter 4.50
15) Vent fan conr,4cted —
to a single ducI 3.OG
- Ventilation syst,om,tot
- —_ 16) included In appli.ince permit d.50
Hood served by
17) mechanical exhau zt 4.50
Clgnaturer lownet or 1994 __--- - Date Domestic typ" _-- --
Describe work F1 addition L] alteration ❑ repair E] 18) Incinerator 7'50
to be done residential ❑ non-residential ❑ Commercial or industrial
Existing use of 19) type ii-inerMor 30.00
buil,ing or properly 20) Other i.e.,woodstove,water 4.50
Proposed use of — heater,solar,clothes dryers,etc.
building or property -_ 21) Gas piping one to fc ut outlets 2.00
I
Type of fuel-- oil f I natural gas I_j LPG ❑ electric LI I - -
22) More t ian 4-per outlet
NQT-10 — --
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON - ---- StIB-TOTAL- ---
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 4%SURCHARGE
DAYS, OR IF CONSTRUE;TION OR WORK IS SUSPEND_=D OR PLAN REVIEW 25%OF SU13-TOTAL
ABANDONED POR A PERIOD OF 180 DAYS AT ANY TIME AFTER
WORK IS COMMENCED. TOTAL
Special Conditions _
vltk--Date issued by
CITY OF TIGARU '>UILDING DEPARTMENT PLAN CHECK NO. :
. '.AN CHFCK APPLICATION DATE RECEIVED:—
P.O. Box 23397, Tigard OR 97223 P/C DEPOSIT PAD:: 7` �
This is to certify that the attached �� sets of plans have been submitted for plan
check pursuant to the Oregon Structural Code and Fire & Life Safety Code, tq�1!57- edition.
PROPERTY OWNER:_ " 1_�� OW,,ER'S ADDRESS:-F a
CONTRACTOR: TELPMONE:
JOB ADDRESS: 1 ;110, / ��r� LOT NO. & MAP:
DESCRIPTION OF WORK: --
Approvals Required SPECIAL NOTES
OPlanning Dept . O Reissue
0 Engineering Dept . O Flood Plain/Sensitise Lands
OFire District O Sewer Availability
O Other O Other
Items Required
0 List of subcontractors
OBusiness Tax
0 Calculations
OTruss Details
OParking Plan
OLandscape Plan
C) Other
COMMENTS:
City of Tigard ilding Department
A
BY:
'LAN LHLI h NU,
for Inspections call 639-4175 •. �"
CITY
FEZMIT No.
BUILDING
I PERMIT
639•�IT1 DATE 7_zSa_�'►71�_— ��7yr
BUIIQINQ PERMIT !
P.O. f;oX 347, Tigard OR 97223 � C' lige
g ��/ TAX MAP LOT NO. <<_SUOOIVISION
OWNER- 1 ' ��.� L f x C�f'16' J06 AOORESS
aU1LOER ~ cc �` S1 ATE REG.NO. _SS Y EXP.DATE
BUILDER'S PHONE �a y fo 6 TV O 1,
ARCHITECT. _ _ PHONE OTHER _-
STRl1CTUgE �i�NEW ❑ AEAIOOEL ❑ ADDITION ❑ REPAIR ❑ MOVE O OTHER 0 DEMOLITIO_.
VRESIOENCE ❑ COMM ❑ EDUCATION ❑ IND ❑ RELIGIOUS ❑'ACC-MAY ❑ GARAGE U ,OTHER 0 FENCE
OCCUPANCY _LAND USE ZONE -BLDG.TYPE .tLjV,FIRE'17NE=PLAN CHECK BY F__7CL_.I*AT
Construct single family dwell inq w%attached nara�_al I Perp
—Sthe o 85 C
ode,
SEWERPERMIT/,3 3(�2.� '�I du) ba Chs traps garage area !vZU
OCC.LOAD _ FLOOR LOGO L{ O HEIGHfitO"f - NO.S)'ORiES Z AREA-4 SONO.BEDROOM —VALUE OO
BUIL(11NG DEPARTMENT SET BACKS FRONT Al2 REAR LEFT SIDE s RIGHT SIDE -S--4
_
pef Fria Lk,0 O THIS ,', MIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING C20E, ZONING
REGULA',t,NIS AND ALL APPLICABLE CODES AND ORDINANCES.AND IT IS HEREBY AGREED THAT THE
P'lanCh*Ck A 5,Z WORK WILL BE DONE IN ACOORDANCE WirH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE
WrM ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE.
P1.Ck Fk RESTRICTIVE COVERANITS.Cb PACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS
TAX PERMfM SEPA10,E PER IT s`.EOUITO FORS PLUMBING AND HEATING.
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To
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Issued By pp(ovedBT ? —�)
SSDC --- S �
SDC
RECEIPT b
POC
DATE PD,
p ' .
SCWER CONNECTION 5 AMOUNT PD
5CW ; INSPECTION S
SEWER SURCHARGE 5
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