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VAR2000-00001 Decision - JONES' SIDEYARD SETBACK ADJ NOTICE OF TYPE I DECISION "URBAN SERVICE AREA" ADJUSTMENT (VAR) 2400-04001 CITY OF TIGARD JONES' SIDE YARD SETBACK ADJUSTMENT Community(Deve1opment .5'fiaz itt ft Q3~tterCprnmuttt 9 20 DAYS = 5/1212000 SECTION I APPLICATION SUMMARY "URBAN SERVICE AREA'S FILE NAME: JONES' SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment ('VAR) VAR2000-00001 PROPOSAL: The applicant has requested an Adjustment to the side yard setback to reduce the setback by 4 inches to 4 feet 8 inches. The purpose of the Adjustment is to allow for the placement of an air conditioner unit on the. side of the house.' APPLICANT/ OWNER: Robert and Lisa Jones 14127 SW Stardust Lane Tigard, OR 97223 LOCATION: 15740 SW Bull Mountain Road; WCTM 2S108BD, Tax Lot 7200 (temporary Subdivision Tax Lot # SUL03). COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV, VAR2000-00001- JONES' SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 "URBAN SERVICE AREA" NOTICE OF TYPE I DECISION CONDITION OF APPROVAL 1. Apply for and receive a mechanical permit from the Building Division for the air conditioner unit. Contact the Development Services Technicians (639-4171 x304) for details on submittal requirements. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The property is bordered on all sides by single-family residences. The proposal is to intrude into the 5-foot side yard setback by approximately 4 inches in order to plaice a 26-inch x 0-inch air conditioner unit on the side of the house. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.390 allows the following development Adjustments by means of a Type I procedure: 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 prevision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant has requested an Adjustment to the side yard setback to allow the placement of an air conditioner unit. The air conditioner unit is 26 inches by 30 inches. The house is set back 7 feet, 4 inches from the property line and the air conditioner unit is required to have 6 inches clearance from the building, therefore, the unit would intrude 4 inches into the required side yard setback. The required side yard setback is 5 feet, therefore, a 20-foot reduction of this setback would allow a 1-foot intrusion into the 5 yard setback. FINDING: Because the proposal is to intrude less than 1-foot into the required side yard setback and a reduction of up to 1-foot is permitted if approved as part of an Adjustment, the applicant's proposal is permissible provided they meet the criteria for an Adjustment. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: VAR2000-00001 - JONES'SIDE 'YARD SETBACK ADJUSTMENT PAGE 2 OF 3 „URBAN SERVICE AREA" NOTICE OF TYPE I DECISION A demonstration that the Adjustment requested is the least required to achieve the desired affect; The Adjustment is the minimum needed to allow an air conditioner unit to be located at the side of the dwelling. The only ether location that the unit could be placed is at the rear of the house, however, given the location of the patio, windows and doors, the unit would be very much in the way in this location. The Adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees within the Adjustment area, therefore, this criterion does not apply. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access because it is on the side of an existing dwelling. Emergency service can still access this dwelling and adjacent dwellings. There is not a reasonable alternative to the Adjustment which achieves the desired affect. As discussed above, this is the only alternative that allows placement of the air conditioner unit while minimizing the impact to the subject parcel and adjacent properties. FINDING Based on the analysis above, the Adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: A setback 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 JANUARY 18, 2000, AND BECOMES EFFECTIVE ON JANUARY 19, 2000. Questions: If you have any questions, lease call the Cityy of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, gard, Oregon at (503) 639-4171. Janua 18, 2000 PREPA D BY~ Julia Ha°duk DA E Associae Planner Janua 18.20001 APPROVED BY: Richard Bewersdorff DATE Planning Manager I<kcurp1nkJu1IakmiskJcnes setback adjustment.doc VAR2000-04001 JONES' SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 "URBAN SERVICE AREA" NOTICE OF TYPE I DECISION -c. c E30 spat ~ E y ~ m.# r .m CL ::'FF~ vsF.s _ 1.... 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