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11716 SW SWENDON LOOP 11716 SW SWENDON LOOP u G G r-a C G T7 C 3 3 �D r CITY OF' TIGARD NOTICE OF DECISION V 07-11 MICHAEL L. FRUTIGER APPLICATION: Request by Michael L. Frutiger for an Administrative Variance to allow construction of a -,;, foot high fence in a vision clearance area whore three feet in height is allowed and a variance to construct said fence on the property line in a corner side yard where a two foot setback is required. The property is zoned R-25 (Multi-family Residential, 25 units/acre) and is located at 11716 SW Swendon Loop. DECISION: Notice is hereby given that the Planning Director for the City of 'Tigard has APPROVED the above appli-ation subject to certain conditions . The findings and conclusions in which the Director based his decision are as noted below. A. FTNDING OF FACT 1. Background No previous land use applications have been reviewed by the Planning Division for the subject property . 2. Vicinity Information Properties to the north, west arid south are also zoned R-25 but have been developed with single family residences. Properties to the east are zoned R-7 (Single Family Residenti&l, 7 units/acre) and R•-12(PP) (Multi-family Residential, 12 units/acre,, Planned Development) . 3 , Site Information and Proposal Description 1-he property is located on SW Swendon Loop and is bordered by SW Feiring Lane along the corner side yard and SW 135th Avenuc along the rear property ) ine. It is therefore surrounded on three sides by public right-of--idays. There is a single family residence on the property . Approximately 15 feet of 135th Avenue right-of'-way buffers the property in the rear. A six foot high fence has been erected by the developer along the rear property line which extends into the vision clearance area at a height of six feet. The applicant wishes to extend this fence to and along the corner side yard property line for a distance of 5o feet. The purpose of vision clearance areas is to ensure proper site distances at intersections in order to reduce the hazard from vehicular turning movements . A cursory check of utilities indicate, that a water line and storm drainage crosses the opposite !side of SW Feiring Lane; tha+ � sewer line lies under the 15 foot area of dedicated right-of-way and another enters the property perpendicular- from SW Swendon Loop and that a gas line lies under the sidewalk on SW Fairing Lane adjacent to the property. Relocation of the fence to the property line along SW Feiring Lane, would expand the applicant's usable corner, side yard. NOTICE OF DECISION - V 07•-11 - FRUTIGER - PAGE 1 4. Agency and NPO Comments The City Building Division has reviewed the proposal and has the following comments: It appears that traffic vision will not be compromised in this instance; however, it is w,7 ^isome that a. precedent could be set that would compromise the virion clearance ordinance. Portland General Electric Company has connnFnted that the applicant should call the following numbers for utili:.y line locations if the fence is to be erected without a two foot setback in the corner side yard. PGE: 643--54'14 GTE! 629-•902.5 CATV: 644-31R8 Gas Co. : 220-2415 Water District: 639-1554 The Engineering Division has reviewed the proposal. and has the following comments: The existing non-graded earn, as well as call weeds and grass along SW 135th need to be cleared to assist motorist visibility; the applicant's proposed fence is located satisfactorily based on the traffic speed of 40 mph for the current state of development of SW 135th and based on the estimated future location of curb sight lines. (The curb sight distance is measured at 10 feet for each one foot of speed -- thus the curb sight distance in a 40 mph speed zone would be 400 feet in each direction. ) No other comments were received. B. ANALYSIS AND CONkLUSION Section 18. 134 ,050 sots forth th? 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 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 grea4-.est 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 adversely affected any more than would occur if the development were located as specified in the Code; and NOTICE OF DECISION - V 87-11 - FRUTIGER - PAGE 2 5. The hardship is not self-imposed and the variance 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 othor properties in the sane zoning district. The purpose of the two foot setback for fences and w-:ills in corner side yards is to ensure that the fence or wall does not interfere with underground utility lines. The fact that. ..re lot is bordered on three sides by public streets can be corsidered a special circumstance peculiar to this lot and is not generally applicable to other properties in the same zoning district. The use proposed will maintain City standards to the greatest extent possible while permitting an economic use of the land and existing natural systems w'.11 not be adversely affected. Th,e applicant should be aware that the utility companies may have to remove the fence shOUld underground utility linea be in need of repair. Section 18 . 102.020 of the CommOnity Development Code requires that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or ter.porary or permanent obstruction (except for an occasional utility pole, or tree) exceeding 3 feet in height, measured from the top of the curb crept: that trees exceeding this height may be located in this area provided all branches below R feei are removed. Vision clearance areas for the subject property are at the southwest and southeast corners of the property. A typical vision clearance area for a corner lot facing a public street would appear as follows: Corner Lot a r re 0 �.- lo'--►� P,ight-of-Way The Engineering Division has suggested removal of the non- graded earth, grass and tall weeds along the SW 135th property line to improve the sight distance. Therefore, staff finds that the fence will not interfere with utility lines, that the site dlstanr_e requirements set forth by the Engineering Division can be met and that the intent of vision clearance requirements --an still be met. NOTICE OF DECISION -- V 87-11 - FRUTIGER - PAGE 3 C. DECISION The Planning Director approves V 97-11 subject to the conditions noted below: 1 . UNLESS OTHERWISE NOTED, ALL. CONDITIONS SHALL BE METPRIOR 1.0 ERECTION OF 'TME PROPOSED FENCE. 2 . The applicant shall remove the non-graded earth mounds, gall weeds and grass along the eastern property line (SW 135th Avenue) of the lot because of vision clearance. 3 . The applicant shall. not erect any portion of the fence in the public right.-of-,-way. 4. The applicant shall be responsible for maintaining any vegetation which occurs in the SW Feiring public right-of-way between the fence and the sidewalk along the corner side yard. 5. This approval is valid if exercised within one year of the final decision date noted below. D. PROCL:DURE 1 . Notice: Notice was published in the newspaper, posted at City Hall &id mailed to: XX _ The applicant & owners _ XX Owners of record within the required distance _ XX 'The affected Neighborhood Planning Organization _ XX Affected vernmental agencies 2. Final Decision: ''HE DECISION SHALL BE FINAL ON 09(ti{�,� �7 UNLESS AN APPEAL I:S FILED, 3. Appeal: Any party to the decision may appeal this decisior, in accordance with recLion 18.32.290(A) and Section 18.32.370 of the Community Developm-nt. Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. 7 The deadline for filing of an appeal is 3:30 P.M. 4. Questions: If you have any questions, please call + he City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , PO Box 23397, Tigard, Oregon 97223, 639-4171 . REPARED BY: Deborah A. Stuart, A33t7Planner DATE 12 l 7 W iam A. Monahan, Director of Community Devell,nment DATE APPROVED (DAS:cn/0069D) NOTICE OF DECISION - V 87-11 - FRUTIGER - PAGE 4 I r I l 1• 00 QD too N O N W Qi ID'r�Ari { 0 14 a rn N F W b 1 O O iF. V Gi N r� iD a W 0 } S' w � F I T• nt 4 N ;i INSPECTION NOTICE City of Tigard Building Department P O Box 23397 Tigard, Oregon 97223 Pho le .9739 4175 Type of inspection — Date Requested-.__— _ __—_S1_—I Time-------- A.M. r-M. Permit # Address - Owner - - Lot - Builder --------- The following Building Code deficiencies are required to be corrected: Prescnted toq-approved Inspector _ ` / ----- - L.-� Dimpproved Date CALL FOR REINSPECTION DYES ONO • yr�,.� INSPECTION NOTICE City of Tigard Building Department P.O. Box 23391 Tigard, Oregon 97223 Phone: 639-4175( Type of Inspection — .--.--.---- Date RequestedI�/� Tlme�-A.M. P.M. Address .�1?�� y'1�1Br'I --_----_ Permit # Owner — It� t ?,"r.1is Lot # -�. __._ Builder The following Building Code deficiencies are required to be corrected:y .L i Presenter: to [_� Approved Inspector 1Lt�7 _ � Disapproved Date _— l ✓ �� / CALL FOR REINSPECTION PYE8 ❑ NO INSPEMON NOTICE City of Tigard Building Department P.O. Box 23397 Tigard, Oregon 97223 Phone: 639 4175 Type of Inspection _ _------- —__ Date Requested Z ~ Time_l'e__ A.M._- P.M. Address �6 ._��� ` __ _ Permit # Owner, _-- ------ Lot #. ---- OOF Builder 'Phe following Building Code deficiencies are required to be corrected: ----- Presented to - _ ❑ Approved Inspector _.�� / FA Dllepproved Date CALL FOR,REINSPECTION eT-YES E-1 NO INSPECTION ":OTICE City of Tigard BtAlding Department P.O. Box 2.3397 Tigard, Oregon 97223 Phone: 639-4175 Type of Inspection . Date Requested _. _� Time _. A.M._( G A Address .�._��_�(�R' Permit Owner-- � 2.�J . .q� Lot ........... Builder r__--___-.— ---_.__----- The following Building Code deficiencies are required to be correct-d! Presented to ❑,/Appro"d Inspector _—�-- L'�7 Dippprovvd Date CALL FOR REINSPECTh ON ��a ❑ No INSPECTION NOTICE City of Tigard Building Department P.O. Box 23397 Tigard. Oregon 7223 /n hone. 639-41175 Type of Inspection — Date P M i /Time �� A.M._ Requested—r Address1`^�^J L – (/y � Permit l — Lot Owner BuilderThe following Building Code deficiencies are required to be corrected'. pp , r!i J �►•- /cic�f/l�, ---------- Approved Presented to — �isapproved Inspector — Date CALL FOR REINSPECTION 0''f ES L_-1 NO INSPFCI . :PJ 040TICE City of Tigard Building Department F.O. Box 23397 Tigard, Oregon 97223 Phone: 639 4475 Type of Inspection �V LATE/9$ )5$rb C. Date Requested_C � Time A.M. P.M. r address � Permit # �� Owner_- --_ _ C Lot Builder ----- _— G �. ar _ The following Building Code deficiencies are required to be corrected: Presented to _ -- -'--_---- 1,� Approved Inspector _ / Disapproved Date CALL FOR REIN71NO SPP VTIOON C-1 YES 1 INSPECTION NOTICE Z City of Tigard Building Department I - P.O. Box Tigard, Oregon on 97 97223 Phone: 639-4175 Type of Inspection Date Requested__—__��—�"_— Time A M �—P.M. Address 1.__— • ------. Permit #. ----_ ___— Owner— /�. '-�._- __ Lot # ,— Builder _ ----- -- --- -- ---The following Building Code deficiencies are required to he corrected: Presented to --__-- __---__ K Approved InspectorQQ Disapproved Date - - 977 2 Y7 {a ----- CALL FOR REINSPECTION L� YES C❑ NO OF CITYE.P,D 639.4171 DA;E JUIJ 6198 BUILDINGG PERMIT TAX MAP __ _LOT NO. -_.'J9 __SUBDIVISIOK;v1zt-QJ4 1 OWNER Wildflower YTOve-Lti6tf, J, B ADDRESS 11716 S''K Swoudon 1e o 1�_ BUILDER _lialrNt _ lal SM�.f��Lif1...Tj 12<<; STATE REG.NO. _ .Q- EXP.DATE BUILDER'S PHONE n�U-31t1U ARCHITECT____. _ PHONE O i HER STRUCTURE 4_1 NEW L_l REMODEL I'! ADDITION ❑ REPAIR 1_1 MOVE ' OTHER DEMOLITION RESIDENCE C1 COMM L-1 EDUCATION IND n RELIGIOUS F-1 ACCESSORY IJ GARAGE I 07FiF:R FENCE_ OCCUPANCY et LAND USE ZONE i.L c: BLDG.TYPE 5 FIRE ZONE .—PLAN CHECK BY l t•` HE A! Constntct sint;le� family aweLlfng w/attached garagt•, 31l per iiapprvyed plans. — rG1_j►i C�0 >CirYiliL� ��. :er.r t l r.. Wfail♦ a Arran lira-61541 A — r'%hx6"f' SEWER PERMIT N 29665 (ldu) 3 hath, lu triaps garaAe 440 OCC,LOAD FLOOR LOAD 4u HEIGHT 2t, NO.STORIES 2 AREA 1 i V' NO.BEDROOMS -� VALUE 15,000 BUILDING DEPARTMENT_ SETBACKS FRONT 1t' REAR 15 LEFT SIDE RIGHT SIDE 1',, min. Permit _ THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING j 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 'WITH ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE Pl.Ck.Fire _ I RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS State Tax 14.J2 _jTAX PERMITS.SEPARATE PERMITS REQUIRED FOR SEWER,PLUM13ING AND HEATING. I au.00 SDC Total tsUS.Uti PUC9 UUU.UU AP`PLICANT- -OR r AGEN--7 Prepd. lulJ.UI; 1 150.01J Receipt No. -iUDRE88 PHONE Bal.Due 51015412 -�--- Issued BY--__ --_Approved BY____ -- DATE INSP. TYPE INSPECTION REMARKS PLUMBING DATE Contractor Permit No 7F"7 Rough-in Fixture 1;L 8 e. ZV Final HEATING Contractor Permit No Z_ Gasoroil I Rough-in Final -j ,A e SEWER If I r-j!& Final 7 U DRIVEWAY Final Storm Drainage (Rain Drain)Final SidpwalK Curb&Street Final Approach BLDG.DEPT.FINAL TEMPORARY CPRTIFICATE OCCUPANCY Final CERTFICA7E OCCUPANCY Landscaping Zoning Final PLAN CHECK NO. ' for inspections call G39•-4 175 CITY OF TIGARO 639. 171 PERMIT N0. BUILDING PERMIT DATE _ 7-1�4 _.__to� P.O. Box 23397, Tigard OR 97223 TAX MAP _ LOT NO. _jg ,.SUBDIVISION NF.►�e.�,l_ OWNER— JOB AOORESS 11,71-11 GV. -- BVII nERr' 7 Jr -, &K STATE REG.NO. Afk Z 5Z2-116) EXP.DATE BUILDER'S PHONE 4e 7!'` "3/kt) ARCHITECT--.. �A gyg PHONE _—OTHER_ STRUCTURE NEW ❑ REMODEL ❑ ADDITION ❑ REPAIR ❑ MOVE ❑_OTHER Q DEMOLITI RESIDENCE ❑ COMM ❑ EDUCATION �� ❑ IND ❑ RELIGIOUS. ❑ACCESSORY [. GARAGE ❑OTHER ❑ FEN OCCUPANCY � _LAND USE ZONE _i.6eBLDG.TYPE V/'M FIRE ZANE�PLAN CHECK AT Construct sing, e-_familydwelling w/attache arcane, al_ per appnj%jr I SEWERPEFAWT.,29665 A'(Idu) baths,3traps /0 garage area . y_y_Q —_y76p UCC.LOAD FLOOR LOAD _ HEIGHT 04 4'- NO.STORIES z AREA/701 NO.BEDROOMS-F VALUE FjP1&nh LDINr=nEPARTMENT SET BACKS FRONT Ze> ' REAR M/iV /s LEFT SIDE S� RIGHT SIDE/d,bei 3 THIS PCRMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONA Z 70 REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES,AND IT IS HEREBY AGREED THAT Ti WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIAN� _ WITH ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAI _ RESTRICTIVE COVENANTS.CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITT BUSINE TAX PERMITS.SEPARATE PERMITS REOUIRED FOR SEWER.PLUMBING AND HEATING_/y.( SDc GENT7PDXCI -�.+t'.� Iev _ (6Z �D S I Receipt No ADDRESS — HONE ---- Issued By__ __—Approved By_� SOC - 600 _ 't'4_'d_ -I/ RECEIPT y /.SD f3 P 0 C -' ---—_� /_5-0 S0 ----- DATE PD.__ SEWER CONNE=CTION _S_ AMOUNT PD. 5CWER INSPECTION S '35 [ Q SEWER SU CHARGE S ommentn: '' Cir K �/ _�-►--------- ----------`--- . 100, Jr INSPECT,ON NOTICE City of Tigard Building Department P.O. Box 23397 "Tigard, Oregon 97223 Phone: 6394175 Type of Inspection Date Requested�._�_� dd � l Time 1�_ A.M.. P.M. Address �._�-_�L-�v ---- Permit #--- OwnerInt Builder_�� ------- 1, �� __L.�__-��•_� ��?-1-s-d-- Thle following building Code deficiencies are required to hP correctad: en., , 7- -P, T' Scl- I f IfA �r �.1 J K-.� n1 c �+� �✓!`AIT r`�t `� r $.�_'�1._..�-`:1 r 3.1�..� �' AIS f�c 11� L �-T! I\�L-" 1 fel 1. � '/� •_, '- T' �tl�.- t` T�•'Ar t 11=�L C= Ue= FC���t1� Lee e A. rte.` o -r��€ r � ti� sz f-r��t�i y GiZ,` Ace' INL� Presented to Approved n Inspector _� Disapproved Date - CALL FOR REINSPECTION F1 YES ❑ NO