ARU2017-00006 ARU2017 - 00006
HAMILTON
ACCESSORY
RESIDENTIAL
UNIT
NOTICE OF TYPE I DECISION
ACCESSORY RESIDENTIAL UNIT ARU2017-00006
HAMILTON ACCESSORY RESIDENTIAL UNIT
120 DAYS =January 16, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: HAMILTON ACCESSORY RESIDENTIAL UNIT
CASE NO.: Accessory Residential Unit(ARU) ARU2017-00006
PROPOSAL: The applicant requests approval for an existing 750-square-foot accessory
residential unit within a detached, single-family home located at 11215 SW
Fairhaven Street. Off-street parking is currently provided for both the primary and
accessory residential units.
APPLICANT: Bryce A. &Deborah L. Hamilton
11215 SW Fairhaven Street
Tigard,OR 97223
OWNER: Same as applicant
LOCATION: 11215 SW Fairhaven Street;WCTM 2S103DC,Tax Lot 6000
COMPREHENSIVE
PLAN
DESIGNATION: R-3.5:Low-Density Residential
ZONING
DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 10,000 square feet. Duplexes are
permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.710.020
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 N.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ARU2017-00006 HAMILTON ACCESSORY RESIDENTIAL UNIT Page 1 of 4
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel was originally approved as Lot 1 of the Exodus Subdivision, and is located in a cul-
de-sac on SW Fairhaven Street, west of SW 110th Avenue, and east of SW 115`h Avenue. The site is
currently occupied by a detached, single-family home, with an attached two-car garage, and paved
driveway. According to the Washington County Assessment and Taxation Report, the home measures
2,770 square feet in size. No previous land use approvals were found that affect the subject property.
The site is zoned R-3.5 (Low-Density Residential).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.710 ACCESSORY RESIDENTIAL UNITS
18.710.020 Standards
A. Location. As noted in the use tables (18.510.1 and 18.520.1), accessory residential units are
permitted as limited uses in all zones where detached, single-family dwelling units are
permitted.
The site is located within the R-3.5 zone, where detached single family dwellings are permitted.
Therefore,an accessory residential unit is permitted on this property. This standard is met.
B. Limitations. An accessory residential unit is permitted providing there is compliance with
all of the following standards:
1. An accessory residential unit may be created within or as an addition to a detached single
family dwelling. For the purposes of this chapter, "addition" means the sharing of a common
wall with the primary residence.A garage may not be converted to an accessory residential unit
unless it is rebuilt as part of the primary structure;
The existing accessory residential unit is located within a detached, single-family dwelling. This standard
is met.
2. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a
maximum of 800 square feet;
The existing accessory residential unit occupies 750 square feet of the primary unit, which measures
2,770 square feet in size. Accordingly, the accessory residential unit is approximately 27% of the size of
the primary unit. Therefore, the accessory residential unit is less than 50% of the size of the primary
unit,and is below the 800-square-foot maximum.This standard is met.
3. The number of residents permitted to inhabit the accessory residential unit is regulated by
the State Building Code;
The applicant's narrative states the number of residents that will inhabit the accessory residential unit
will comply with State Building Code regulations.This standard is met.
4. Either the primary or accessory residential unit must be owner-occupied;
The applicant owns and presently occupies the primary residence, and will continue to do so. This
standard is met.
ARU2017-00006 HAMILTON ACCESSORY RESIDENTIAL UNIT Page 2 of 4
5. A primary residence in which an accessory residential unit has been created may have only
one home occupation;
City records for this property show no current home occupation permits on file. This standard is met.
6. In addition to the number of parking spaces required for the primary residence, as
established in Chapter 18.765, one parking space shall be provided for the accessory residential
unit.This parking space shall be paved and/or covered;
The minimum required off-street parking for the primary residence is one parking space. The accessory
residential unit is also required to have one parking space. There is currently a two-car garage and paved
driveway on the property, which will provide adequate parking for both the primary and accessory
residential units. This standard is met.
7. The front door of the accessory residential unit shall not be located on the front facade of the
primary unit unless the door is already existing;
The front door of the accessory residential unit is located on the northwest fagade,while the front door
of the primary residential unit is located on the west facade.This standard is met.
8. There shall be compliance with all development standards established in the base zone.
Staff reviewed the applicant's submitted site plan to determine that both the primary and accessory
residential units meet all the development standards for the R-3.5 zone. This standard is met.
FINDING: Staff finds the proposed accessory residential unit meets all applicable standards of the
City of Tigard Community Development Code.
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:
An Accessory Residential Unit 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 SEPTEMBER 19, 2017
IE AND BECOMES EFFECTIVE ON SEPTEMBER 20, 2017
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS cgtigard-or.gov.
ARU2017-00006 HAMILTON ACCESSORY RESIDENTIAL UNIT Page 3 of 4
September 19,2017
APPROVED BY: Lina Smith
Assistant Planner
ARU2017-00006 HAMILTON ACCESSORY RESIDENTIAL UNIT Page 4 of 4
APPLICANT
MATERIALS
RECEIVED
City of Tigard SEP 14 2017
COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
PLAN
NG/EN0INEERINGAccessor Residential Unit — Type I App
canon
PROPOSAL SUMMARY
The owners of record of the subject property request an
Accessory Residential Unit as des ribed: %�?76
Primary unit area: square feet REQUIRED SUBMITTAL
_ q ELEMENTS
Accessory Residential unit area: d square feet
owner's Signature/Mitten
' An accessory residential unit mai•not exceed SO percent of the size of the Authorization
primary unit,up to a maximum of 800 square feet.
Title Transfer Instrument or Deed
Accessory Unit will ��be: '� T Site/Plot Plan (2 copies)
• � ithin primary ,�addition��
Site/Plot Plan(recluced 8'/z"a
Owner will occupy: 1PPrima.ry unit ElAccesson-unit IN
f-Narrative('2 copies)address criteria
Total number of off-street parking spaces (min.one for each nnit):,�_ in 18.710.020
(Application Fee `
Property address/location: cc� '�f �' ti
i L--�A--*4�71- 7 Z.ZO
Tax map and tam lot #: a2.51 1.DG Ole DO O �-�, �
Case I�Jo.(s):4-f"2-0 0
Comprehensive plan/zone designation: Related Case No.(s):
Site size: • ?7 A-C RcE Application Fee: �
Application Accepted:
APPLICANT: BST: Date:
Name: Ji�C� �r �'EJC7 t T�IY\ &D Application Determined Com. t
I.
Address: ���(� �7u•7 �t (Z 4�Ay emD 5 V't B!" �� Date:
City/state: Zip: I:\CURPLt4XM4tsters\Lmd t)se appka sons Rex Ol/15/2015
T
Phone:
GO�
PROPERTY OWNER/DEED HOLDERS)' same as Applicant
Name:
Address:
City/state: Zip:
Phone: Email:
" When die owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this
application in the space provided on the back of this form or submit a written authorization with this application.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
THE APPLICANTS) SHALL CERTIFY THAT:
• The above request does not violate ani:deed restrictions that may be attachedto�m_p�Sed uncm the subject property.
• 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 exhibit-s transmitted herewith,are true;acid
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 thepolicies and criteria,anti understands the
requirements for approving or denying the application.
SIG of pli t and o%m of the subject property required.
'A I �6"%ILT-o r_3 9:�17
t1 licant's gnature Print name Date
�5 Z)7
0%7 e '-s signature Print name Date
�v e s si ature. Print s me Date
Owner's signature Print name. Date
Owner's signature Print name Date
ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION
City of Tigard • 13125 SNS%Hall Blvd. • Tigard,Oregon 97223 • v ww tigard-or.goc • 503-7/18-2421 Page 2 of 2
r
i
A st L k ATATE OF QREOJPI
y1 County of Washington p
n*ewt.Ally ,
i, Jerry an'pr% r of/t.aseps-
ment and n an o county
Clerk for �r� a.. rtlfy that
N the with trla WAA Pe wr calved
���� and re riled'Jh tilt'bf CPU of Bald
After recording retum to: oounty
Bryce A llarrtiljsn -T
11215 SW rairhaycn -
v1111rd.OR 971Z2 tit. Hy��f�,;llrvctor of
bea�i4lYiHt` Taxatkfn,Ex-
Until a change is requested all tax statcments Clerk
x;tall be sent to the following address: Doc 99129779
V-'MV A. I i t()n _ Rect: 244175 309.00
_11215 SW Fai(ba cM 11/22/1999 03:39:11ptst
lit".OIt 97223
Escrow No. 29Q.107
Title No. 889912
STATUTORY WARRANTY DEED
� HASS AND FORMA P. Ham, Grantor, conveys and warrants to JA CE A,��MIIKT4N
rJ #&L pEROIJAH L. HAMILTON as tenants thy the ent l M. Grantee, the following described real
property free of liens and encumbrances, except as specifically set forth herein:
Lot 1, EXODUS, in the City of Tigard.County of Washington and State of Oregon
This property is free of liens and encumbrances. EXCEPT:
a Easements, Covenants, Conditions and Restrictions of record, if any.
z THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPER'T'Y DESCRIBED IN THIS
O INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
C-) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE
,Q TO THE PROPERTY SHOUI.0 CHECK WITH THE APPROPRIATE CITY OR COUNTY
ll._ 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 true consideration for this conve'ysannceni,S$277.500.00(tterecamply wim ow reyulremcrosof ORS 9).030)
Dated this _y day of'
DALE L. HASS NORMA P. HASS
S'L'ATE OF OREGQN
County of WASIiTNgLQh
This instrurnent was acknowledged before me this day of NOVEMBER, 1
by DALE L, H C ,
1
WASHINGTON COUNTY N&kry Ablic for Oregon
�. REAL AVOPERT!' TRANSFER TAX
,s� r' IS-M - _((-� � l my commission expires: O 1
f'EE PAID DATE
LINDA LMC GETnQ^N
N0TAW RJK=•t7F4"
oolt.Jlssl M"0.061100
MY OMAMOM OF'M FEW 2k 9004
zoo S�
2 --------- ------ '- =- - --- ----------------------------------l--
4 LE 11111L �1 IOGTtlI Il M•1
M&R"=
W i
APPOIDWAAW
N
1 � i
I
1
1 STORY DRAINAGE i !
*Y NCE PAIN EASEMENT I 7
,
1
1 , i
CONTRA f�TOR TO '::•�: i-
PROVDEyREp111RED DRAM =:u' SILT f E►�CE i
TO PREv NT WAW LON 1 EROSIDN CON ME i
MTD ACE.SPECS AND �1 SHALL BE KEPT RJ t1t/TIL tl
DESIGN By 0 `•Ls 'i".'h PERMANENT is i
11
.{a, •�`::•''-, 1 ESTABLISHED.
t _i^�: RATIO BEKt.OIv I i it
I
1
i NEW COMER r
1 ENTRYWAYY
1
PA"_
OWE�GPANEL
(
E
i ExrSTMG DRIVEWAY 5� OR " —
'�A"�`REWIRED
--- SITE PLA N
I 1+ERIFY r/OWNERS
1121 S SW FAIRHAVEN ST. 1
I _
TIGARD, OREGON 97223
WATER _ - - b"ay I
_ . (" G) \� ""- A PROPOSED REMODEL FOR:
T4b
sw FAif?HAVEN ST. BRYCE c DEBBIE HAMILTON
CITY OF TiGARD
Approved b P nning
Date:
Initials: �-�
Narrative to Accompany Accessory Residential Unit Type 1 Application
Requested by Bryce and Deborah Hamilton
A. As noted in use tables 18.510.1 and 18.520.1 accessory residential units are permitted as limited
uses in�7 zonin We meet each of the following criteria:
Our property is .77 acres and exceeds the minimum lot size
Duplexes are permitted as attached units
We exceed the minimum lot width
We are well below the maximum lot coverage
We are beyond the minimum set-backs :51)
Addition is below the maximum height of T feet
We will exceed the minimum landscaping requirement of 20% ' 31T r
B. We are in compliance with each of the Limitations:
1. Current structure is a single-family residence and the new structure shares a wall with the
current structure. z �r'�Rr
2. Our primary unit is 3150 square feet. The new residential unit is 750 square feet.
3. We will comply with the number of residents permitted to inhabit the accessory residential
unit as regulated by the state building code.
4. The primary unit is owner occupied.
5. A primary residence in which an accessory residential unit has been created may will have
only one home occupation.
6. One parking space shall be provided for the accessory residential unit. This parking space shall
be paved.
7. The front door of the accessory residential unit is located at the side of the primary unit.
8. There is compliance with all development standards established in the base zone.