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VAR1999-00029 Decision - CAHILL VARIANCE NOTICE OF TYPE 11 DECISION "URBAN SERVICE AREA" FRONT YARD SETBACK VARIANCE (VAR) 1499-00029 CITY OFYIGARD CAHILL SETBACK VARIANCE Clrnvit~,.""r ~ttr~~orn;mrraty 120 DAYS ~ 3/1/2()00 SECTION I, APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: CAHILL FRONT YARD SETBACK VARIANCE CASE NO: Setback Variance VARI999-00029 PROPOSAL: The applicant has' requested approval for a Variance to reduce the minimum front yard setback. The Variance is requested to allow a new access to the garage due to Washington County right-of-way acquisition. APPLICANT: Jeffrey Cahill OWNER: Same 12615 _SW Beef Bend Road Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 12615 SW Beef Bend Read; WCTM 2S109DD, Tax Lot 00200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. SECTION 11. 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 rioted in Section V of this decision. NOTICE of TYPE 11 DECISION VAR1999-00029 -CAHILL FRONT YARD SETBACK VARIANCE PAGE 1 OF 5 SECTION III. BACKGROUND INFORMATION Site History: A wilding permit has been issued to add a new deck, entry and sitting room in October of 1999. This permit did not include garage or driveway. Vicinity. Information. The property is located South of SW Beef Bend Road between SW Turnagain Drive and W 133'd Avenue. Site Information and Proposal Description: As a result of right-of-way acquisition and due to the steep grades and new retaining wall, it is not feasible to maintain the existing access to the subject property. Several design options were considered and reviewed with the property owners. The proposed design solution is described below. Discussions between Washington County staff and the Chill's (owners) regarding alternatives for relocating the driveway access led to the fallowing design solution: Construct a new driveway access to the Cahill property at a location on the west property line. The new driveway access crosses the "dogleg" of the adjacent "flag lot" immediately west of the subject property owned by Hirsh/Wilis and connects with an existing driveway access on the property west of the dogleg, awned by the Chandlers'. This driveway has access to Beef Bend Road. + Install a new garage door on the westerly wall of the existing garage structure on the subject property at the new access location, while retaining the existing easterly garage door and parking pad. Thus, the Cahil's will retain a drive-through option for parking on the easterly :side of the house. The County has obtained permanent ingress and egress easements from the owners of the two properties west of the subject property (Hirsh/Wilis and Chandler). The conditions and terms contained in the ingress and egress easement specifically states that "Both parties to the agreement shall keep the easement area free and clear for Vehicular and pedestrian access at all times. No item or thing shall be allowed that would obstruct or impede emergency vehicle access." Slope, utility and sanitary sewer easements were also obtained. Washington County's construction contractor as part of the Beef Bend Road project will build the private driveway on the Cahill property and on the "dogleg" of the adjacent property. Also, the existing driveway on the Chandler property will be reconstructed because the roadway project requires a change in elevation for this driveway. The setback from the northwest corner of the Cahill garage to the west-end of the property line will be approximately 7 feet and the setback from the southwest corner will be approximately 13 feet. The effective length of the driveway between the garage and the existing driveway on the Chandler property is approximately 34-40 feet. NOTICE OF TYPE 11 DECISION VAR1999-00029-CAHILL FRONT YARD SETBACK VARIANCE PAGE 2 OF 5 i I SECTION IV PUBLIC COMMENTS No comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS: Section 18.370.010.C.2.a states that the proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to rather properties in the same zoning district or vicinity. The proposed variance is not materially detrimental to the purposes of the zoning ordinance. It is consistent with the intent of the variance provisions. In this situation, there are special and unusual circumstances relating to a specific property where the literal application of standards imposes an undue or unnecessary hardship. The proposed variance is not detrimental to other applicable policies and standards. The requested variance to reduce the setback from 20 feet to 7 feet, 13 inches is the minimum amount of variance needed for the owner to have satisfactory property access and reasonable economic use of the land. Other zoning ordinance standards will continue to be met on this property. The proposed variance is not detrimental to other properties in the vicinity, for the fallowing reasons: 1. The principal purpose of the variance is to permit relocation of the property access to the west, which requires easements on adjacent properties. Adjacent properties to the west have granted easements for this purpose. 2. Although the access from the Cahill property to the driveway access on the Chandler property crosses the dogleg of the Hirsh/Wilis property, this is not detrimental to the HirshMilis property for the following reasons First, it is unlikely the dogleg will provide access to the remainder of the HirshMilis property in the future. The dogleg is too narrow and too steep to provide adequate access. It is more likely that access will be provided from ether stub streets in developments that have been approved to the north; and Second, if in the unlikely event that the dogleg were to provide the primary means of access to the remainder of the Hirsh/Wilis property in the future, the recorded access easement contains a requirement to keep the easement clear at all times. FINDING: The applicant's response shows no material detriment to this title, other properties or the zoning district. The variance requested is the minimum amount needed to meet the intent of this adjustment. Therefore this standard has been satisfied. NOTICE OF TYPE 11 DECISION VAR1999-00029 -CAHILL FRONT YARD SETBACK VARIANCE PAGE 3 OF 5 f There are special circumstances that exist which are peculiar to the lot size or shape, topography or ether circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The subject property is impacted by right-of-way acquisition for the Beef Bend Road project, a circumstance over which the applicant has no control. With the right-of-way acquisition, the existing topography has grade slopes in excess of 15%. This precludes certain alternative driveway locations for this site from Beef Bend Road. The existing lot shape, mature landscaping and trees preclude certain alternative driveway locations for this site. FINDING: According to the applicant's request, two precise circumstances exist which constitute this variance, a County right-of-way acquisition and slopes in excess of 15%. Therefore, this standard has been met. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The subject site is currently zoned and used as a single-family residence. This status will not be changed by the proposed variance. The requested variance to reduce the setback from 20 feet to 7 feet, 13 inches is the minimum amount of variance needed for the owner to have satisfactory property access and reasonable economic use of the land. FINDING: The applicant has stated the subject property will remain single-family and no economic value of the land will be lost on account of the variance. Therefore, this criterion has been satisfied. Existing physical and natural systems, such as but tint-limited to traffic, drainage, dramatic land farms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and Property access under the proposed variance will function generally in the same manner a property that meets standards. The property will have an effective driveway length exceeding 20 feet due to easements that have been acquired on adjacent property. The easement contains a requirement to keep the easement clear at all times. FINDING: The property access will meet standard requirements of length and width and the variance to the front yard setback will not effect traffic on Beef Bend Road because the garage is accessed off of a private drive. No parks or dramatic landforms are present, and natural systems will not be disturbed because there is no construction. Therefore, this standard has been met. The hardship is not self-imposed and the variance requested is the minimum variance, which would alleviate the hardship. The hardship is not self-imposed. The subject property is impacted by right-of-way acquisition for the Beef Bend Road project, a circumstance over which the applicant has no control. The requested variance to reduce the setback from 20 feet to 7 feet, 13 inches is the minimum amount of variance needed for the owner to have satisfactory property access and reasonable economic use of the land. FINDING: Washington County's Beef Bend Road project is responsible for the hardship to the subject property. The County came up with different options to alleviate the problem. A variance to the front yard setback was the option with the least impact to surrounding properties and the minimum needed to alleviate the hardship. Therefore, this criterion has been met.. NOTICE OF TYPE 11 DECISION VAR1959-00029 -CAtHILL FRONT YARD SETBACK VARIANCE PACE 4 OF 5 SECTION VI. OTHER STAFF COMMENTS City of Tigard Engineering Department has reviewed the proposal and has offered no comments or objections. SECTION VII, AGENCY COMMENTS City of King City has reviewed the proposal and has no objections to it. Unified Sewerage Agency has reviewed the proposal and has no objections to it. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: W-tice was posted at City Hall and mailed to: The applicant and owners Owner of record within the required distance - Affected government agencies Final Decision: THIS DECISION IS FINAL ON NOVEMBER 30, 1999 AND BECOMES EFFECTIVE ON DECEMBER 15, 1999 UNLESS AN APPEAL IS FILED. A eal: e irector's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.6.1. may appppeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be tiled with the Director within ten 10) business days of the date the Notice of Decision was mailed. The appeal fee schedl and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the ap .eflant, the hearing on an appeal from the Director's Decision shall be confined to the speck issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Apeal may be submitted by any party during the appeal hearing, subject to any additional ru es of procedure that may he adopted from time to time by the appellate body. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON DECEMBER 14, 1999. Questions: I au have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 1 125 SW Hal Boulevard, Tigard, Oregon at (503) 639-4171. ` November 30 1999 a c gger DATE Assistant Pi nner November 30, 1999 APPROVED] 1c zar Owbrsdorff -E DAJ Plannn 4/Manager IAcurpln\Mathew\VAR 1999-00029. dee NOTICE OF TYPE 11 DECISION VAR1999-00029 -CAHILL FRONT YARD SETBACK VARIANCE PAGE 5 OF 5 I 0 i d' Y y j r-~t' ~'~,.r~, l.. ~°.1 {"~J`'1`y ~Jr r,•~F / 't~ avwt 1\ ~ x 1 l !I , ~cQ c~ f V, Q3 ! a DRKWAY TO 2S1-9DD TL 200 0PTl4N 'A' _ SITE PLAN T VAR 1999-00029 EXHIBIT MAP I_ y_~A_ ma is not to scale CAH ILL VARIANCE Y Ci604Ai.; . 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