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9565 SW MILLEN DRIVE x 9565 SW MILLEN DRIVE 1 a v 3 Ln 1.0 Ln rn OL i CITY OF' TIGARD NOTICE OF DECISION V 87-10 RICHARD DUNN ANO BRANDY BOQUET-DUNN APPLICATION: Request by Richard Dunn and Brandy Buquet-Dunn for an Administrative Variance to allow placement of a six foot fence directly on the property line in a corner side yard where a two foot setback is required . The property is zoned R-/(PD) (SkWIQ- F-ami4 Residential, 7 units/gore, Planned Developmunt) . Location: ,, SV5 SW Millen Drive WCT'M 2S1 11BA lot 12.200) . <_ DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to certain conditions . The findings and conclusions on which the Director based his decision are as noted below. A. FINING OF FACT 1 Background No previous applications have been reviewed by the Planning Division with respect to the subject property. 2. Vicinity Information Properties in all directions are zoned R-7(PD) (Single Famt.ly Residential, 7 units/acre, Planned Development) . 3. Site Information and Proposal Description 'There is a single family residence on this corner property where SW Millen Drive and SW Copper Creek Drive meat. The applicant is requesting a variance to the requirement set forth in Section 18. 100.090 (b)(5) which requires a two foot setback for fences and walls from the property line in a corner side yard (the yard extending from the front yard to tho roar lot line on the street siao of a corner lot. ) The applicant proposes to construct a 6 foot, cedar fence on the property line of the corner side yard to replace an oxi.sting fence whict, is lo.-ated seven and one-half feet inside the property line. Presently the tern and one-half foot wide landscaping strip between the fence and the ciuewalk is accessible only through a rear gate or through tho garage thereby necessitating a long trip with the lawnmower. The new fence will not only create a side yard which is usable but will also enlarge the back yard. The new fence wili extend up to the garage door (still within the corner side yard) enabling access to and from the garage to the side and rear yards. The fence will not exterd into the vision clearance area at the southwest corner of the prvper:y. NOTICE OF DECISION -- V 87-10 - DUNN - PAGE 1 I 4. Agency and NPO Comments General Telephone and the City Building Division have re�iiewed the application and have no objections to it. The Engineering Division has reviewed the proposal and has no objections to it except that the mugo pine located at the socthwestern corner, of the property, must be removed. It obscures vision at the corner. _� Thu Tigard Water District has reviewed the proposal and has the following conments: Eicher the existing fence .line/property line or two existing trees as shown on the application is incorrect. The existing fence, if extended, would conflict with the two trees. It appears that the new fence, extended, would interfere with both a water m9tir• (which serves next door) and a small GTE relay -�t•.ation. I:f there will be no conflict with access to the water meter f;•om the sidewalk (public' s) side, the district has no objections to the proposed fence. Portland General Electric has reviewed the proposal and has the following comments: The applicant should be cautioned to request underground utility locations before digging post holes. PGE's buried primary is on the east side of Copper Creek Drive (very close to the proposed fence) . Call PGE locate: 643-5454, ext. 313 Call GTE locate: 629-•9025 Call. Gas Co. locate: 220--2415 Call Cable TV locate: 644--3188 NPO N6 has reviewed the proposal and has no objections to it . B. ANALYSIS AND CONCLUSION Section 18. 134.050, sets forth the criteria for granting a variance by the Director The following criteria must 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 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 h:;., no control, and which are not applicable to other properties in the same zoning district; 3 . The use proposed will be the some as permitted under this Code and City ctandar•ds will be maintained to the greatest extent that is reasonably possible, while permitting some economic use of the land; NOTICE OF DECISION - V 87-10 -- DUNN — PAGE 2 I 4. Agency and NPO Comments General. Telephone and the City Building Division have reviewed the application and have no objections to it. The Engineering Division has reviewed the proposal and has no objections to it except that the mugo pine located at the southwestern corner of the property, must, be removed. It obscures vision at the corner. The applicant' s proposed fence location should meet a 250 foot sight distance requirement based on the local collector speed of 25 mph. Based on an initial inspection the sight distance appears to exceed the minimum of 250 feet; however a second field visit by Engineering should be conducted, The Tigard Water District has reviewed the proposal. and has the following comments: Either the existing fence line/property line or two existing trees as shown on the application is incorrect. The existing fence, if extended, would conflict with the two trees. It appears that the new fence, extended, would interfere with both a water meter (which serves next door) and a small GTE relay station. If there will be no conflict with accFss to the water meter from the sidewalk (public' s) side, the district has no objections to the proposed fence. Portland General Electric has reviewed the proposal and has the following comments: The applicant should be cautioner! to request underground utility locations before digging post holes. PGE's buried primary is on the east side of Copper Creek Drive (very close to the propo3ed fence) . Call PGE locate: 643-5'#54, ext. 313 Call GTE locate: 629-9025 Call Gas Co. locate: 220-2415 Call Cable TV locate: 644-3188 NPO N6 has reviewed the proposal and has no objections to it. B. ANALYSIS AND CONCLUSION Section 18. 134 .050 sets forth the criteria for granting a variance by the Director. The following criteria must 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 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 thn same zoning district; NOTICE OF DECISION - V 87-10 - DUNN - PAGE 2 i A. Existing physical and natural systems, such as but riot limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would )ccur if the development were located as specified in the Cade; and 5. The hardship is not self—imposed and the va, iance requested is the minimum variance which would alleviate the hardship. The proposed variance to relocate the fence to the corner side yard property line will not be materially detrimental to the purposes of this Code, be in conflict with the Comprehensive Plan, to other applicable policies and to other properties in the same zoning district. There are no existing special circumstances which are peculiar to the lot which would warrant the variance except the inconvenience the applicants assert in mowing the ten and one--half foot strip of land which is separated from the remainder of the property by a fence. Relocation of the fence would expand the applicant's usable back and side yard: and allow direct access to this area from the side garage entrance. However, the applicants have not demonstrated any additional hardship if required to place the fence on the two foot required setback line. The purpose of the two foot setback for fences and walls in corner side yards is to ensure that the fence or wall does not interfere with underground utility lines . The use proposed will maintain City standards to the greatest extent possible while permitting an economic use of the land and existing natural systems will not be adversely affected; however, because of the location of utilities along that property line, it is imperative that the applicant contact each utility company before diggi-ig p•�st holes. The applicants' plot plan likely does not show the correct placement of the rear fence in relation to the rear property line. Staff :-ecommends that the applicants survey the property lines and mark these and the propc.sed fence location off with string before erecting the fence. Because proper location of the fence is so crucial, staff recommends that the applicants then call. all affected utility compani.(-,s for, a field inspection and then have them provide us with their •mitten agreement regarding the fence location. It is appropriate to allow the fend to extend along the corner side property line only with written agreemen+- from the utility companies . The applicants should be. aware that the utility companies may have to remove the fence should underground utility lines be in need of repair. C DECISION The Planning Director approves V 67-•10 subject to the conditions rioted below: 1 . UNLESS OTHERWISE NOTED, A1.1. CONDITIONS SHALL BE MET PRIOR TO ERLCTION OF THE PROPOSED FENCE. NOTICE OF DECISION — V 67-10 — 'IUNN — PAGE 3 t 2. The applicants shall remove the mugo pine at the southwest corner of the lot because of vision clearance. 3 . The applicants shall mark off the affected property lines on the property and also the proposed location of the fei,ce. The applicants shall arrange for field inspection by the four affected utility companies i.nd present to the Director written verification of their agreement (as applicable) to (1) the proposed fence location on the corner side yard property line and (7) enclosure of the meter or box inside the fence. 4. The applicants shall be responsible for maintaining any vegetation which occurs in the public right--of..-way between the fence and the sidewalk along the corner side yard, 5. 'This approvalis valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1 . Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XXl he applicant & owners XX e _ Owners of record within the require distance XX The affected Neighborhood Planning Organization XX _ Affected governmental agencies 7o 2. F ina_ 1 Dec i s i_on: THE DECISION SHALL BE FINAL. ON l _ 4 UNLESS AN APPEAL IS FILED. 3 . Appeal: Any party to the decision may appeal this decision in accordance with Section 16.32.290(A) and Section 19.32.370of the must Community Development Code which provides that a written appeal be filed with the CITY RECORDER within t0 days after notice is given and sent. / The deadline for filing of an appeal is 3 :30 P.M. B 4. uestions: If you have any questions, please call the City of Tigard Plannfnl Department, Tigard City Hall, 13125 SW Hall Blvd . , PO Bax 23397, Tigard, Oregon 9722.3, 639-4171 , P SPARED BY: eborM, ' . Stuart, Asst. Planner- DA E WiM a.m A. Monahan, Director of Community Development DATE APPROVED (DAS:cn/3365P/13P) NOTICE OF DECISION - V 97-10 - DUNN - PAGE 4 i 2. The applicants shall remove the muga pine at the southwest corner of the lot becauip of vision clearance. 3. The applicants shall mark off the affected property lines on the property and also the proposed location of the fence. The applicants shall arrange for field inspection by the four affected utility companies and present to the Director written verification of their agreement; (as applicable) to (1) the proposed fence location on the corner aide yard property line and (2) enclosure of the meter or 'lox inside the fence. 4. The applicant shall obtain an inspection and written confirmation from the ':ity Engineering Division that the minimum sight distance requirement of 250 feet can be met. 5. The applicants shall be responsible for maintaining any vegetation which occurs in the public right—of—way between the fence and the sidewalk along the corner side ,yard. 6, This approval is valid if exercised within one year of the final decision date noted below. D, PROCEDURE 1 . Notice- Notice was published in the newspaper, posted at: City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX _ Affected governmental agencies / 2. r_inal Decision_: THE DECISION SHALL BE FINAL ON - JNI.ESS AN APPEAL IS FILED. 3 . Appeal: Any oar•ty 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. 4. Questions: 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 . PRE\BARED BY: Deborah A. Stuart, Asst. Planner DATE Wil iam A. Monahan, director ';ommunity Development DATE APPROVED (DAS:cn,/3365P/13P) NO3ICE OF DECISION -- V 87-10 — DUNN — PAGE 4 `,y ,i ��, 1 :NII ; ' ri;;it, iAN1A All��„ �"V� a.'.71 h e,VIIIA ' SSA �. "1���4�'`• IRK 6" �4 `��� R � �,°6," �,�,,hr`P'I,�C ''�„'�y����hP ti 4�4�'l�`�,�n��'',, ��(n/�r>-�� �a� � • �i •77 i � S•+!, i+i 1 4. ti�1 sn P-4 wN �,CTd1 a ' tea! /!!! i a , p Ln 61 F -4 a -4 -4 p, o, vii vU 4w ; .a rh toLrAjo l4iJ 4-1 aU•;11'•,I +r J q ,n N 0/) O G '1111 ; ft,� rh 10 ! +y. 'ti ofto to 71 AD QQ V , �,� � I► I T, r _ _ r»�u�Tr. +�"."e's',.c,." ,,,,,., — -- -==3►•''.._ n �y'� ` + J � • I' yO. �t�R' '•1'�y�N�I��A �,,� 'N•i�j/��..(���, ''s•,,fIN _` �" ���. ,�Iryf, ►!'u`�"� �"`N�11„�,•, ���4 A�I ;A.' i" 4 .� ��'�!� � ,��► ��b w:;��1, � Nig yrpr' •� � """• 1,, ^� f`� MSI qpI �y''p'��•k� P., � ,oft Y:" •":y�,I'7 u "� ��,p" I.J �74yyM •. `a P7 w N., l�, N� 'y w,\,�� '�• tIF ff or -W_I�m INSPECTION NOT :,'�F City of Tigard Building Dppartment 12.420 S.W. Main St. Ti a""Oregon 97223 hone: 639-4171 t Type of Inspection ,�A�e Date Requested / Time A.M. P.M. Address _—L-?_(OPermit Owner - -- -------._-r _—_ lot #- - -- Builder The following Building Code deficiencies are required to be corrected: T _ - Presented to ,. _ Approved Inspector _ — �}' Disapproved Date CALL FOR REINSPECTION YES 0 NO ■ ■ ■ ■ ■ INSPECTION NOTICE City of Tigard 9uildi-ig Department 12420 S.W. Main St. Tigard,Oregon 97223 i Phone: 639-4171 Type of Inspection Date Requested_ ' < 'f Time e�/ A.M. P.M. Address _ -5 [� Permit # Owner Lot # Builder The following Building Code deficiencies are required to he corrected: " ��'� ' '.fes?` c1��r _ 3�L— �r ' 7T ) � �- -,fes., �►:��-� --,/•�-�"� � _ Presented to _ L_� Aoprovetl Inspector P --__--_ ��w� Disapproved Date CALL FOR REINSPECTION QW YES ONO I i BUILDING PERMIT APPLICATION TIGARD DATE __ �,la, 4 7 THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT FORTH E WORK HEREIN INDICATED BUILDER PHONE OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNER PHff !S(13 +F:LSCiF� LOT NO., t�7 OWNER JOB 9505 hLLLFT1 La'i'Pi'.�� CK. 1.IL A9CHITECT BUILDER SAME159(,K)Ian ) ° * :slikx.,J;A ENGINEER DESIGNER STHUCTURE P1 NEW Cl REMODEL FA ADDITION F-1 REPAIR ❑ RENEWAL ❑ FIRE DAMAGE 11 DEMOLITION t — — _ _.. p,RESIDENCE ❑ COMM ❑ EDUCATIONAL ❑ GOV'T ❑ RELIGIOUS 11 PATIO 0 CARPORT ❑ GARAGE 0 STORAGE ❑ SLAB❑ FENCE 5 etw OCCUPANCY �. LAND USE ZONE _ BLDG.TYPE a FIRE ZONE_--- -PLAN CHECK BY ____HEAT.___ CONSTKIXT ___HEAT-- CONSTKIXT_SINi,L6 FNtILY OWELLING W/ATTA(HLD t;A"Gi 3-bed 2-bath ISSUE #44014 �6d9 SEWERPERMITM 27151 h,xT,> � 464 OCC.LOAD - FLOOR LOAD 41J HEIGHT 2U , NO.STORIES 1 AREA 1553_ NO.BEDROOMS 3 VALUE A9 X000 BUILDING DEPARTMENT SET BACKS FRONT 44 REAR €' LEFT SIDE 1`' RIGHT SIDE J Permit 34 3.uo, THIS PERMIT IS ISSJED SUBJECT 1O THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING -- 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 AND SPECIFICATIONS AND IN COMPLIANCE 383.00 WITH ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE Subtotal RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS LICENSE.SEPARATE PERMITS REQUIRED FOR SEWER,PLUMBING AND HEATING. State Tax 13.72 SDC PDC# 11 I oO A PLICANT UR AGENT - C By Receipt No. J'w►�1 ')l. f ,•r ( 1 Approved AOb�li:�$-�- PH O N r DATE INSP. TYPE INSPECTION REMARKS PLUMBING DATE Contractor Permit No. 4'111a,, -0,/1;1 Rough-in Fixture cz Final HEATING Contractor 6�1 Jr ",as of Oil in Final SEWER Final DRIVEWAY ' Final 3to"T rb-ftage Final Sidewalk --hurb&Strott Final �AppLw ch mm rEPT. FINAL TEM!"ORARY CERTIFICATE OCCUPANCY CERTIFICATE!OCCUPAtl,.-.Y Final Landscaping 'oning Final IF Building Permit No. -2/6 �T Location 5_5-1, rw Certification of ogistration With the Builders Board doing business as (dba) , AJ am registered under the provisions of ORS Chapter 101. (Oregon iiomebu i lders Law) . toy Builders Board Registration Plumber is My registration is in full force and effect and expires oil ignature VOL, � s THE UNDERSIGNED HEREBY APPLIES FOR APERMIT FOR THE WORK VIE-REIN INDICATED BUILDCRr?ior�ELLaLZ=J�'1�•i OR AS £.HOtWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OVJNEF!,Hpr COTNO���7WNEn � "�+• 106 ADDRE55 ����� ARCHITECT ENGINEER � ftd ( �� iiUli_Oc'Z V� AOURESG ��, ��t (� Pli, DESIGNER STRUCTU_RE_ _ylWEW _ ❑RE',InCEL ❑AOOIT10^1 _ —_ ❑RcPAIR� _EjRE1,IEYJAL FIRE DAMAGE ❑0E..40LIT1 TtkSILE^ICE CJCOM.P.1 ❑EDUCATIONAL ❑GOV'T ❑RELIGICUAPATIO OCAR PORT ❑GARAGE ❑STORAGE❑SLAB EIFEt` $Doc ,�•� CC yu r OLDG.TYPE.-14- .FIRE ZONE PLAN CHECK BY_ �� / � HEAT- r- EAT_ Cr CCCL;P.>r_•CYk sz__LANo USE LONE / -fJ7.�� / l / —( ;�. 0I_7 5!`./'�� J' a L- �' L I J (1 r✓/i —--,A t-,]'.,c iiic'�l 3ELIER PERMIT [�-n QQ N0.STORIES-L _q_!�`S D.BEDROOhisi�' VAt_yj yS r_{.9�A FL I nAD -t C/ FIEIGHT SlllCC'lti OE^�P`TRAJfM?ENT SET BACKS FRONT .�� �/ _REAR LEFT SIDE M �C� J RIGHT SIpE I t " J , -� THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZON I r:.in Check I lJ /) �^ REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT j--- �-�-- 60RK WILL BE DONE IN ACCORDANCE WITH THE PLANSAND SPECIFICATIONS AND IN CGhiPL16.NCE Y: $tIti tt)tdl I 3 ALL APPLICABLE CODES AND ORDINANCES, THE ISSUANCE OF THIS PERMIT DOES NOT WA RESTRICTIVE COVENANTS. CONTRACTOR AND SUR CONTRACTORS TO HAVE CURPErIT CITY [31-1-SIN �r avv Tax A` 1 LICENSE. SEPARATE PERMITS REQUIRED FCR SEWER, PLUMBING AND HEATING. ... SDC _ v Total _� J c G PDC#P / r 1F+ ---- -,w—PP _ APPt„ICAN—TO R AGENt Appro:r�t t J Receipt No ---- AnngF45 Pr+ONE SEWER CONNECTION $ SEWER INSPECTION 3 S SEI,IER SURCHARGE $ �' comments : fc e-6