ADJ2016-00113 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2016-00113 p
BLACHLY DEVELOPMENT ADJUSTMENT
120 DAYS = December 2,2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Blachly Development Adjustment
CASE NO.: Development Adjustment(ADJ) ADJ2016-00113
PROPOSAL: The applicant requests one development adjustment to reduce the front yard
setback requirement from 20 feet to 15 feet(251/6),in order to accommodate a new
deck on the front fagade of an existing home.
APPLICANT: Victoria D. &Steve H. Blachly OWNER: Same as applicant
10085 SW Riverwood Lane
Tigard, OR 97224
LOCATION: 10085 SW Riverwood Lane;WCTM 2S11413C,Tax Lot 300
ZONING
DESIGNATION: R-4.5 (PD): Low-Density Residential District. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or without
accessory residential units at a minimum lot size of 7,500 square feet. Duplexes
and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.370.0203
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ADJ2016-00113 Blachly Development Adjustment 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located on the north side of SW Riverwood Lane, east of SW 103`d Avenue, and west of
SW Greenland Drive. The subject property is Lot 58 of the Pick's Landing I Subdivision, which was
approved as a Planned Development by the City of Tigard Planning Commission in 1979.The property
is currently occupied by a detached, single-family home, attached garage, paved driveway, and
associated landscaping.The site is zoned R-4.5 (Low-Density Residential),as are adjacent properties.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.370 Variance and Adjustments
18.370.020 B. Development Adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as
governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this
subsection B:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by this
provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
The request is to reduce the front yard setback from 20 feet to 15 feet (25%), which meets the
description of 18.370.020.B.1.a. This request is a development adjustment and is being processed
through a Type I procedure.
2. Approval criteria. A development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant requests approval to reduce the front yard setback from 20 feet to 15 feet (25%), in
order to accommodate a new deck of a particular design on the front facade of the existing home.
Staff has evaluated the applicant's submitted site plan and narrative to determine that this
adjustment is the least required to achieve the desired effect.This criterion is met.
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees present in the relevant development area.This criterion does not apply.
c. The adjustment will not impede adequate emergency access to the site;
Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not
impede adequate emergency access to the site. In addition, the subject property has approximately
61 feet of direct frontage along SW Riverwood Lane. This criterion is met.
d.There is not a reasonable alternative to the adjustment which achieves the desired effect.
The applicant requests this development adjustment in order to accommodate a new deck of a
particular design on the front fagade of the existing home. As demonstrated above, the applicant's
proposal complies with the 25% reduction for front yard setbacks. There is not a reasonable
alternative to the proposed adjustment which achieves the desired effect. This criterion is met.
ADJ2016-00113 Blachly Development Adjustment 2
CONCLUSION: This proposal is for a Development Adjustment, and is in compliance with the
applicable standards of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Development Adjustment is a Type I procedure. As such, the Director's decision is final on the date
it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may
not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON AUGUST 15, 2016
AND BECOMES EFFECTIVE ON AUGUST 16, 2016
Questions:
If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCSntigard-or.gov.
August 15,2016
APPROVED BY: Lina Smith
Assistant Planner
ADJ2016-00113 Blachly Development Adjustment 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard AUG 0 4 2016
i
COMMUNITY DEVELOPMENT DEPARTMENT
TY OF TID
Adjustment — Type I Application PLANK G/ENGNE RING
PROPOSAL SUMMARY(brief description): t -t cep-.-',lz
�t 0"A 54-CLI t Sy16� �� c�� , �St c�2 `l _�o� ELEMENTS REQUIRED TIAL
Sa ek- • A}e9k-1 /AocC 6LL��"Se oh (u
W0.y 14-0 l X • .—t V A&k(— \ " ✓ Application Elements Submitted_
The owners of record of the subject property request an Adjustment
to the Community Development Code (please check one only): �Gwner's Signature/Written
Authorization
Development Adjustment-Front Yard Setback,Interior the Transfer Instrument or Deed
Setbacks and Lot Coverage �V ` ( JuC !D Site/Plot Plan(2 copies)
Special Adjustments:
r 1 i to/Plot Plan(reduced 8'/z'x 11")
El Adjustments to Subdivision standards Applicant's Statement
❑ Reduction of Minimum Residential Densityaressu�g Criteria under Section 18.370.020)
El Washington Square Regional Center Dimensional and Filing Fee
-
Density requirements
❑ Adjustments to Access and Egress Standards
❑ Adjustments to Parking Standards
❑ Adjustments to the Sign Code �y�
❑ Adjustments to Wireless Communication Facilities Case No.(s): _A46�r21te 00 �3
❑ Adjustments to Street Improvement Requirements Related Case No.(s):
❑ Adjustments to Downtown Connectivity Standards
Application Fee:
Property Address/Location(s): q-7 '�4Y
100 8-5- .S(,.) 1`l✓21 .y Ct O � La� 47 n ev Application Accepted:
� Date: c✓/ / �/
Tax Map and Tag Lot#(s): By: 1
Date Determined Complete----�91 _ )
Site Size: �i /, J
ByJ Dan: /
Comp.Plan/Zo a Designatio
Applicant: -,Co -Za c (Po-
Address:
I002 SL--) L')-o '00"� C LAk-e— 1:\cuaruN\Mamnlunduse appxnnoneWdlumnenrryoei
City/state: -T', bu'c` 0(�--71 Zip:
l JAY wv.02/09/201SPrimary Contact: Er� ve dk-U((Y * When the owner and the applicant
Phone:�'O ,(03.x(• Email: 0-- S 10 G1-J-' (q I&— are different people,the applicant
7 \/at-C,ob, Lo M must be the purchaser of record or
a lessee in possession with written
Property Owner/Deed Holders)*: (Attach list if more than one)
authorization from the owner or an
'I I ^ agent of the owner.The owner(s)
Name: S4� V nn l t�c U�, must sign this application in the
Address: C UoBS .S� I`l) U uJ0'J a Z--"J� space provided on the back of
this form or submit a written
City/state: cel U(Z- Zip: _� e).a l authorization with this application.
City of Tigard 13125 SVG'Hall Blvd Tigard,Oregon 97223 www.tigard-or.gov 503-718-2421 • Page I of 2
APPLICANTS
To consider an application complete,you will need to submit all of the Required Submittal Elements
as described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate a-ny deed restrictions that may be attached to or imposed Leon the subject prQne
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
Applicant/A ed Agent signature Print name Date
� 1-\� V 3//
Owners sign r Print name / Date
Mao Sam. 5 Lo i�-a
ADJUSTMENT—TYPE I APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 Page,2 of 2
U Ot STATE OF OREGON 1 SS
County of Washington f
STATUTORY WARRANTY DEED I, Jerry R. Hans6n.r�Q�kectar of Assess-
THIS S ment and Taxation and
io County
Grantor: John B.Maple Clerk for said county,,-&-bo6by certify that
the within instrument of writing was received
Grantee Stephen Blachly and recorded in book of records of said
county.
Until a change is requested,all tax statements shall be sent to the
I following address:
\(; Stephen Blachly
Victoria Blachly Jerry R. Hanson, Director of
10085 SW Riverwood Lane Tigard OR 97224 Assessment Aru Taxation, Ex-
Officio CotrClerk
Doc 2000085606
After Recording return to: Rect: 265417 221.00
Stephen Blachly 10/20/2000 03:06: 23T>m
Victoria Blachly
10085 SW Riverwood Lane Tigard OR 97224
Escrow No. 755007T
Title No. 755007
JOHN B. MAPLE AND PATRICIA L. JUBRIAS, AS TENANTS BY THE ENTIRETY, Grantor, conveys and
warrants to
VICTORIA D. BLACHLY AND STEVE H. BLACHLY, AS TENANTS BY THE ENTIRETY -------------
---- AND, AS TENANTS BY THE ENTIRETY, Grantee, the following described real property free of
encumbrances except as specifically set forth herein situated in Washington County, Oregon, to wit:
Lot 58, PICK'S LANDING NO. 1, in the City of Tigard, County of Washington, State of Oregon.
r THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
^ FOREST PRACTICES AS DEFINED IN ORS 30.930. The said property is free from encumbrances except: COVENANTS,
CONDITIONS, RESTRICTIONS, RESERVATIONS, SET BACK LINES, POWERS OF SPECIAL DISTRICTS, AND EASEMENTS OF
RECORD, IF ANY.
Any adverse claim based upon the assertion that some portion of land has been brought within the boundaries
by movement of the Tualatin River and the rights of the public and governmental bodies and State of Oregon
for fishing, etc. Easement as shown on recorded plat for utilities and affect the 5 foot wide along all front,
side and rear lot lines. Covenants, conditions and restrictions recorded 4-4-79 recording number 79012769.
Waiver of remonstrance and consent recorded 4-9-79 recording number 79015118. By-Laws of Pick's
Landing No. 1 Homeowner's Association recorded 11-12-82 recording number 82029603.
The true consideration for this conveyance is$198,750.00. (Here comply with the requirements of ORS 93.030).
Dated this / day of 2000.
WASHINGTON COUNTY
REAL PROPERW TRANSFER TAX
JohnB.Map FEE PAID DATE
atricia L.
State: OR
County: CLACKAMAS
The foregoing instrument was acknowledged before me this day of qtr 2000 by:
John B. Maple and Patricia L. Jubrias
OFFICIAL SEAL Notary Public
0 LAURA W. FLYNN
NOTARY PUBLIC-OREGON My Commission Expires: /O �3•acx�3
CONWISSION NO.327213
MY COMMISSION EXPIRES OCT 23. 2003
TICOR TITLE INSURANCE COMPANY
STATUTORY WARRANTY DEED(CLM PAGE 1
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in subsection C of this section.
18.370.020 Adjustments
A. ose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development standards
within proscribed limits. Because such adjustments are granted using "clear and objective
standards," these can be granted by means of a Type I procedure, as opposed to the more
stringent standards of approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in
subsection C of this section.
B. Development adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as
governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this
subsection B:
0 a. --a. - Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard
setback required in the base zone. Setback of garages may not be reduced by this provision.
I
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear
yard setbacks required in the base zone.
c. Lot coverage. Up to 5%increase of the maximum lot coverage required in the base zone.
2. Approval criteria. A development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired
effect; osr 4t, SJ.pe SAL, N-4?S r,eka Ab
Ao 4L.` luoN , —*,i �yL,i Te
b. The adjustment will result in the preservation of trees, if trees are present in the development
10.carea; A)10-
c.
. The adjustment11 not impede adequate emergency access to the site;—(Lo— Qi,-t M-A s4p,5
w
C' Lxt sa�� ��k',lk Pi:or �� Pw.�a,�� : tno hep tnok -1� co�rz< <. ro-(}►� wood .
d. There is notca reasonable alternative to th1e/adjustment which achieves the desired effect. Aleve 5�.5 a
Ok�•.tr c�,:`�.. -mak -Ja.,��. +,)etl�.�jle, fe
C. Special adjustments. �t ct�L-&&- o� � ���-! o� -((,•e_ �-o� �k.
1. Adjustments to development standards within subdivisions (Chapter 18.430). The director shall
consider the application for adjustment at the same time he/she considers the preliminary plat.
An adjustment may,,be approved,approved with conditions, or denied provided the director finds:
1
Variances and Adjustments 18.370-2 AP Update.2114
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