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ADJ2017-00021 ADJ2017 - 00021 BOLEYN NOTICE OF TYPE I DECISION u DEVELOPMENT ADJUSTMENT ADJ2017-00021 B OLEYN 120 DAYS = March 30,2018 SECTION I. APPLICATION SUMMARY FILE NAME: Boleyn CASE NO.: Development Adjustment (ADJ) ADJ2017-00021 PROPOSAL: The applicant requests one development adjustment to reduce the front yard setback requirement from 20 feet to 15 feet(25 percent),in order to accommodate a 462-square-foot addition to an existing detached,single-family dwelling. APPLICANT: Norman&Candace Boleyn OWNER: Same as applicant 14575 SW 92nd Avenue Tigard,OR 97224 LOCATION: 14575 SW 92nd Avenue;WCTM 2S111AC,Tax Lot 1700 ZONING DESIGNATION: R-4.5: 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 W. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ADJ2017-00021 Boleyn 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located on the west side of SW 92"d Avenue; directly east of James Templeton Elementary School and Twality Middle School,north of SW Sattler Street,and south of SW Inez Street. The site is currently occupied by an existing detached, single-family dwelling, with an attached garage, paved driveway, and associated landscaping. The property was originally approved as Lot 58 of the Pinebrook Terrace Subdivision in 1964. 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 percent), 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 requirement from 20 feet to 15 feet (25 percent), in order to accommodate a 462-square-foot addition to an existing detached, single-family dwelling. Staff has evaluated the applicant's submitted site plan 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; The applicant proposes to remove an existing Birch tree, in order to accommodate this residential addition. Staff consulted with city maps to confirm the tree is not a street tree, and it is not located in sensitive lands. Additionally, the subject property is located in the R-4.5 zone, and is therefore exempt from the development tree provisions in Tigard Municipal Code Chapter 8.12. Accordingly, the applicant is not required to obtain a permit to remove this tree. Furthermore, staff reviewed the applicant's site plan to determine there is not a practicable alternative to accommodate the proposed addition without removing this tree. This criterion is met. AD12017-00021 Boleyn 2 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 77 feet of frontage along SW 92nd Avenue. 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 462-square-foot addition to an existing detached, single-family dwelling. As demonstrated above, the applicant's proposal complies with the 25 percent reduction for front yard setbacks. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect. This criterion is met 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 DECEMBER 4, 2017 AND BECOMES EFFECTIVE ON DECEMBER 5, 2017 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS&tigard-or.gov. --ti= December 4 2017 APPROVED BY: Lina Smith Assistant Planner ADJ2017-00021 Boleyn 3 �►`r' 4\DDRESS : 145-75 SW (RIDD A%4C-. r Approved b P anning Date: Initials: N a o r S 1 22� -� Gp.RAG E p;zz©Po SED i~Tl C' K P RoPER-rY LINE � J U APPLICANT MATERIALS RECEIVED City of Tigard N O v 30 Z017 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD � . Adjustment — Type I ApplicationPLANNING/ENGINF_ERING UR PROPOSAL SUMMA4Y (brief description): Case No.(s): �`�./ Related Case No* (s): The owners of record of the subject property request an Adjustment Application Fee: 4 3 to the Community Development Code (ple se check one only): � application Accepted: ,c- ,�C� ,-,!�1w `K Development Adjustment—Front Yard Setback,Interior By: Date: b�" Setbacks and Lot Coverage Date Determined Complete: Special Adjustments: By: /%-_S Date: ❑ Adjus z: _c is to Subdivision standards r-1Reductionof Minimum Residential Density Comp.Plan/e—Zone Designation: El Washington Square Regional Center Dimensional and Density /� �. requirements I:\CURPLN\Masters\Land Use Applications\Adjustment—Type I ❑ Adjustments to Access and Egress Standards Rev.02/09/2015 ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities ❑ Adjustments to Street Improvement Requirements ❑ Adjustments to Downtown Connectivity Standards Property Address/Location(s): REQUIRED SUBMITTAL /q579 5W Q Z M° ELEMENTS Tax Map and Tax Lot#(s): Owner's Signature/Written Site Size: Authorization ATitle Transfer Instrument or Deed Applicant: /V 'PRM 4-n/ 60t-F_y/� pp Site/Plot Plan(2 copies) Address: f�576;7 �w N� AyeSite/Plot Plan(reduced 8'/2'x 11") City/state: I'/44yA g-p Zip: c?7 224 applicant's Statement (Addressing Criteria under Section 18.370.020) Primary Contact: ` j Filing Fee Phone:'J0193QEmail: nbol&M & C©YnKa5f-, h'Et Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: Al )A .4^1 A�tV ACiF B D LE YIV Address: /j��75 S'W �'� �QVj!5� City/state: 7`/G's4 RD 0,4Z Zip: '?7 2 2 q *When the 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 • www.tigard-or.gov • 503-718-2421 • Page 1 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 any deed restrictions that may be attached to or imposed the subject proper • 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/Authorized Agent signature Print name Date /Y&*R/v1 11/ //—/7-/7 Owner's signature Print name Date ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov 503-718-2421 Page 2 of 2 s � r ; I Washington County,Oregon 2017-017603 03/01/2017 02;16:45 PM D-MST Cnt=2 Stn=2 S AKINS $10.00$5.00$5.00$11.00$20.00•Total=$51.00 Record and Return to: 02258873201700175030020028 Lien Release I.Richard Hobarnichl Director of Aasesament and JPMor an Chase Bank,N.A. r laxation and Ex-mr)o county c)erk for vrashington g ! County.Oregon,do hereby certify that the within 700 Kansas Lane Instrument of writing wee recelved re rded in Mail Code LA4-3120 the Book of retards of said q� Monroe,LA 71203 RichardTaxation.Ex•Offitcio county ciant and oirecr of e�k Telephone Nbn 1-866-756-8747 Loan No.:1410147005 SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE Pursuant to Ore.Rev.Stat.§86.720. The undersigned,beneficiary of a certain Deed of Trust dated December 20,2011 made by NORMAN F BOLEYN AND CANDACE A BOLEYN, 14575 SW 92ND AVE, TIGARD, OR 97224-0000,Trustor(s), to FIDELITY NATIONAL TITLE INSURANCE CO.,Trustee for JPMORGAN CHASE BANK,N.A.,Beneficiary,which Deed of Trust was recorded on December 28,2011 in the Recorder's office,County of WASHINGTON,State of Oregon, in Official Records in Volume/Book NA at Page NA and/or as Document 2011-092478, as the undersigned Beneficiary hereby substitutes J. P.MORGAN CHASE CUSTODY SERVICES, INC., as Trustee in lieu of the Trustee therein. Property address known as 14575 SW 92ND AVE,TIGARD OR 97224. J.P.MORGAN CHASE CUSTODY SERVICES,INC.hereby accepts said appointment as Trustee under the above Deed of Trust,and as Successor Trustee,and pursuant to the request of said Beneficiary and in accordance with the provisions of said Deed of Trust,does hereby reconvey without warranty,to the person(s)legally entitled thereto,all the estate now held by it under said Deed of Trust. In witness whereof the undersigned JPMORGAN CHASE BANK, N.A., 3415 VISION DR, COLUMBUS, OH 43219,as Beneficiary,and J.P.MORGAN CHASE CUSTODY SERVICES,INC., 780 Kansas Lane,Monroe,LA 71203,as Successor Trustee,has caused this instrument to be executed this February 28,2017,each in its respective interest. JP GA l ASE BANK A. QUE WILLIAMS ��o ,ytt�a'uk.tiaig� Assistant Secretary U �AAP01.iF•'�''� J.P.MORGAN CHASE CUSTODY SERVICES,INC., *4114 flint Substitute Trustee y��cUSrooyy,� SEAL •DELAWARE..- AR-CMA'FREEMAN �A Vice President aa01 ion3n0)5cb A master bedroom suite is proposed as shown in drawing, replacing existing small bathroom, bedroom,and closet,which will in turn be repurposed as hallway and art studio. I am requesting an adjustment of the setback to 15'from the property line (24'from the curb)to create a 22'x 21' area (outside measurement)for bedroom,walk-in closet, and bathroom. There is a large birch tree exactly 20'from property line,which would have to be removed even with no setback reduction. 1