VAR1999-00007
• • EXHIBIT A.
NOTICE OF TYPE I DECISION !
l
DEVELOPMENT ADJUSTMENT (VAR) 1999-00007
GRECO SETBACK ADJUSTMENT co 'CITY OF TIGARD!
Skaping.9 Better Community
120 DAYS = 8/31/99
SECTION I. APPLICATION SUMMARY
GRECO SETBACK ADJUSTMENT
CASE: Setback Adjustment VAR 1999-00007
PROPOSAL: The applicant has requested a Development Adjustment approval to
adjust the side yard setback for a post of a covered deck from 5 feet to
4 feet.
APPLICANT: Leonard and Julie Greco
11441 SW Fonner Street
Tigard, OR 97223
OWNER: Leonard and Julie Greco
14235 SW Fern Street
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential.
ZONING
DESIGNATIONS: Single-Family Low Density Residential - 7,500 Square Feet Per Unit,
4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 zoning district is
to establish sites for single-family detached single-family homes.
LOCATION: 11441 SW Fonner Street; WCTM 2S103AC, Tax Lot 06300.
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. The findings and conclusions on
which the decision is based are noted in Section IV of this decision.
NOTICE OF TYPE I DECISION VAR 1999-00007 -GRECO SETBACK ADJUSTMENT PAGE 1 OF 3
THIS APPROVAL SHALL BCE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
1. The approval is subject to the deck and overhang not being closer than 3 feet to the
property line.
SECTION III. BACKGROUND INFORMATION
Site History:
The property was annexed, March 7, 1996 through direct action by the Portland
Metropolitan Area Local Government Boundary Commission. On June 17, 1996, the
Tigard Planning Commission zoned the property R-4.5 (ZON 96-0005) and approved a
Minor Land Partition (MLP 96-0009) to create 2 lots.
Vicinity Information:
The .41 acre lot is located on the north side of SW Fonner Street, approximately 240 feet
west of SW 113th Place. The subject site and property to the north are located within the
City and remaining surrounding land is in the Washington County Urban Services Area.
Site Information and Proposal Description:
The site contains a single-family residence which was recently constructed. During the
building permit review process, the Building Inspector found that the owner had
constructed a covered porch too close to the east property line.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.13.1.1b
provides that up to a 20% reduction of the dimensional standards for the side and rear
yard setbacks required in the base zone may be approved as a Type I Development
Adjustment. Section 18.370.020.13.2, 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 adjustment requested is for a 1-foot adjustment to allow a 4-foot
setback, which the code allows. Therefore, this criterion is met.
The adjustment will result in the preservation of trees, if trees are present in the
development area; No trees are present in the development area. Therefore, this
standard does not apply.
The adjustment will not impede adequate emergency access to the site; The
adjustment will affect one side yard setback only. Emergency access from the public
street fronting the properties will not be affected. Therefore, this criterion is satisfied.
NOTICE OF TYPE I DECISION VAR 1999-00007 -GRECO SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the adjustment, which achieves the desired
effect. The only alternative to the proposed adjustment would be to remove a portion of
an existing structure. The proposed adjustment is, therefore, the only reasonable
alternative that achieves the desired effect and this criterion is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
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 1S FINAL,AS OF MAY 6, 1999.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE MAY 7, 1999.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
May 6. 1999
PREPARED BY: Doris Michael DATE
Associate Planner
May 6. 1999
APPROVED BY: Richard ersdorff DATE
Planning Manager
is\cu rpln\doris\\var\var99-07greco.dec
NOTICE OF TYPE I DECISION VAR 1999-00007 -GRECO SETBACK ADJUSTMENT PAGE 3 OF 3
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GEOGRAPHIC INFORMATION SYSTEM
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Information on this map is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
V Tigard, OR 97223
(503) 6394171
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Community Development Plot date: May 6, 1999; CAmagic\MAGIC03.APR
EXAMBIT 13
1 2S103AC-06300
GRECO LEONARD R & JULIE M
11441 SW FONNER ST
TIGARD, OR 97223
LEONARD & JULIA GRECO
14235 SW FERN STREET
TIGARD OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
SCtapingA Better Community
STATE OE OREGON )
County of (Washington ) ss.
City of Tigard )
1, Patricia L. Lunsford,, being first duly sworn/affirm, on oath depose and say that I am an Administrative Speciafiist II for the
City of TWard, (Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Bebw)
❑ NOTICE OF PENDING LAND USE APPLICATION FOR: 2~
❑ AMENDED NOTICE (File NoJName Reference)
❑ City of Tigard Planning Director
❑X NOTICE OF DECISION FOR: VAR 1999-000011GRECO SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File NoJName Reference)
Cd City of Tigard Planning Director
❑ NOTICE OF PUBLIC HEARING FOR: 2~7 i
❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ NOTICE OF FINAL ORDER NO. FOR: iL
❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
H NOTICE OF
(Type/Kind of Notice)
FOR: On7 I
(File No./Name Reference) (Date of Public Hearing, If applicable)
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEIS] of which is attached,
marked-& ibit V, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhibit "B", in the 6m day of M8 1999 nd • eposited in the United States Mail on the 6'h day of MaV,1999, postage
prepaid.
(Pe OR-that Prepar otice)
Subscribed and sworn/affirmed before it i on the day of 9
'zz
OFFICIAL SEAL ICUFO
DIANE M JELDERK
NOTARY PUBLIC-OREGON 7
COMMISSION NO.0A61 42 My commission Wires:
MY COMMISSION EXPIRES SEPTEMBER 07.1999
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
PRE-APP. HELD WITH:
DATE OF PRE-APP.:
GENERAL INFORMATION
Property Address/Location(s): l ~ 441 SW Vonc'`r St FOR STAFF USE ONLY
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Tax Map & Tax Lot #(s): a S t o --~b A c, v to 3o 0
Site Size: "1 SF-- ~//y~~~fQ99~6W ~
Property Owner/ eed Holder(s)*: LcotZACd Cg~p Case NU/~
Address: ((4Lf ( SW PtA,\ncy r Phone: (vOS - oq ( Other Case No.(s):
City: _Tjj~o Lg- Zip: ~~ZZ3
Applicant* - ~ nncr Receipt No.: /0' "3/V -76A
Address: Phone: Application Accepted By:
City: Zip: Date: I/ _a 0 _ qg!
* 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: Date Determined. To Be Complete:
The owner(s) must sign this application in the space provided on the 1f 03
back of this form or submit a written authorization with this Comp Plan/Zone Designation:
application.
PROPOSAL SUMMARY CIT Area:
The owners of record of the subject property request permission for Recording Date and Number:
an Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
Rev12/11/98 is\curpln\masters\adjustmt.mst
uo4evelopment Adjustment: ( $ 100
Special Adjustments: $ 100 /
♦ Adjustment to a Subdivision $ 100
• Reduction of Minimum Residential Density $ 100 REQUIRED SUBMITTAL ELEMENTS
♦ Landscaping Adjustments - Existing/New Street Trees $ 100
♦ Parking Adjustments - Reduction in Stacking Lane Length
♦ Wireless Communication Facility Adjustments - Distance From Another Tower $ 100
✓ Application Elements Submitted:
Please state the reason for the Adjustment request: [Application Form
SiA~ l~#>tr1 ~~oA[ - t. .ds 20% iQLsoL~C 'cwt P----O-Wner's Signature/Written Authorization
Sid Fes- c~~a ~>L ❑ Title Transfer Instrument or Deed
®,"Site/Plot Plan
M\~ AL M571 t0 _ Qtli - D of copies based on pre-app check list)
V'--~Ite/Plot Plan (reduced 81h-x 11
R~~Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Filing Fe f, 0g.0
1
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.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
propedy.
• 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.
DATED this ZD day of APB L 19~
dz/~~A-
e~-er'S-S~ignature Owner's Signature
iz
Owner' Signature Owner's Signature
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CITY OF T I GARD - RECEIPT OF PAYMENT RECEIPT NO. ;99-314702:
CHECK fWO 11,1'1' 4 I Q10. rZt, i
CREDIT CARD 0. ovi
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iVAi3il j, GI't[;E».O, !_.R::C.MiUARD R & JULIE CASH AMOUNT 0. 0 0
F~l7;Itt 4 ' :4423 SW FERN ST PAYMENT DATE . 04/20/99
SUBDIVISION
TIGARD, OR 97223
P1,Jf51t F" PAYMENT
APAYMENT
AMOUNT MOAMOUNT f°S I3? PURPOSE URPURPOSE OF PAYMENT AMOUNT PAID
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FOR p1. 1441 SW FONNER ST CHECK-037814
FOR L.c' AND USE PERMIT OVAR 19`'a9...fi0u90
fO°1"AL X717?i:oUNT PAID - 100.00
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