VAR2000-00009 Decision - SIGWORTH ADJUSTMENT
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NOTICE OF TYPE I DECISION
SETBACK ADJUSTMENT VAR)2000-00009 CI FTGAPD
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SIGWORTH SIDE YARD SETBACK ADJUSTMENT srallir"gi1~BelI;,r[ballmflit
120 DAYS = 09/15/2000
SECTION 1. APPLICATI IN WU MARY
PILE NAME: SIGWORTH SIDE YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2000-0000
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the minimum side yard setback. The adjustment is requested to
allow a 4-foot setback between a guest home on the applicant's
property and the neighboring property due to a surveyor's error.
APPLICANT: Dwight and Karen Sigworth OWNER: Same
11185 SW Morgen Court
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Medium-Density Residential.
ZONING
DESIGNATION: R-7a The R-7 zoning district is designed to accommodate attached
single-family homes, detached single-family homes with or without
accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes at a minimum lot size of 10,000 square feet. Mobile home
parks and subdivisions are also permitted outright. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 14545 SW Juliet Terrace, WCTM 2S1 0813D, Tax Lot 07100.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
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 noted in Section IV of this decision.
NOTICE OF TYPE I DECISION VAR2000-00009 SIGWORTH SIDE YARD SETBACK ADJUSTMENT PAGE I OF 3
SECTION 111. _BACKGROUND INFORMATION
Site History:.
A lot line adjustment was found to be associated with this parcel. MIS1999-00010
adjusted the common property line between two properties that were created through the
Sullivan partition (MLP97-0012). No other land-use cases were found to be associated
with this parcel.
Vicinity Information:
The property is located on the south side of SW Bull Mountain Road between SW Juliet
Terrace and SW Rash Terrace.
Site Information and Proposal Description:
The subject property has frontage on SW Juliet Terrace and SW Bull Mountain Road. The
applicant is requesting approval to allow a guest home on the property to remain four feet
from the property line due to a surveyor's error.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
Section 18.370.020.B.1.a provides that up to a 20% reduction of the dimensional
standards for the side yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.8.2, Approval Criteria, provides
that a development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested the full 20% reduction. This would reduce the side yard
setback from 5 feet to 4 feet. The "desired effect" is to allow the guesthouse to stay on its
original foundation. The adjustment would cause the least impact to both properties
involved.
The adjustment will result in the preservation of trues, if trees are present in the
development area;
No trees are impacted by the proposal. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site, and
The adjustment will affect the side yard setback only. Emergency access from the public
street fronting the property will not be affected. Therefore, this criterion is satisfied.
NOTICE OF TYPE I DECISION VAR2000-00009 SIGWORTH SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There i not a reasonable alternative to the adjustment, which achieves the desired
eflrect.
The adjustment will have no impact on the applicant' s property or the neighboring
property. Therefore, staff finds the adjustment to be the most reasonable alternative.
SECTION V PROCEDURE AND APPEAL INFORMATION
An interior 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 AS OF MAY 31, 2000.
THE EFFECTIVE DATE OF THIS DECISION SMALL BE JUNE 1, 2000.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (003) 639-4171.
r ;
May 31. 2000
PEEP RED BY: t! w Schelde} 6r DATE
Ass! e ut Planner
May 31. 2000
APPROVED BY: Richard Be dorfif DATE
Planning Manager
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NOTICE OF TYPE i DECISION VAR2000.00009 SIGWORTH SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
VAR2000-00009
S1 'ORTN
SIDE YARD
SETBACK
ADJUSTMENT - - -
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