VAR1999-00008
EXHIBIT A
NOTICE' OF TYPE -1 DECISION wa . "
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w DEVELOPMENTADJUSTMENT [VARI 1999=00008'
CITY OF TIOARD ;
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Better.Community
120, DAYS = 8/26/99
SECTION L APPLICATION SUMMARY
SCHREINER SETBACK ADJUSTMENT
CASE: Setback Adjustment VAR 1999-00008
PROPOSAL: The applicant has requested Development Adjustment approval to
adjust`the front yard setback by 25% on a residential lot.
APPLICANT: Steven A. Schreiner OWNER: Same
12425 SW 124th Avenue
Tigard, OR 97223
COMPREHENSIVE-
PLAN
DESIGNATION: Low Density Residential.
ZONING
DESIGNATIONS: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square
Feet Per Unit). The purpose of the R-4.5 zoning district is to establish
standard urban low-density residential home sites.
LOCATION: 12425 SW 124th Avenue; WCTM 2S 1031313, Tax Lot 1200.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370,18.390 and 18.510.
SECTION II. DECISION
Y °Community Development Director's
"Notice :is hereb iven that the City of eTigard
9
designee" has=AP PROVE D$the above request: ThAe findings,,and concliasioris on .
which ~tlie,decistion is°based-are noted in'Secfion IV of this decision Np,°
NTHS e
THIS,fAPPROVAL~SHALL,BE= VALID :FOR 18 M0
FROM THE sEFFECTIVE DATE QF THIS DECISION
NOTICE OF TYPE I DECISION VAR 1999-00008 -SCHREINER SETBACK ADJUSTMENT PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site History:
No previous and use application are on file for this property.
Vicinity Information:
The subject property is located in a residential subdivision (Brookway), north of SW Walnut
Street.
Site Information and Proposal Description:
The subject property is developed with a single-family dwelling. The applicant proposes to
construct an addition that will infringe into the 20-foot required front yard setback of the
underlying zone. The adjustment is requested to allow a 25% reduction in the setback so
that the entrance to the addition can connect to an ADA accessible route. The adjustment
would reduce the front yard setback from 20 feet to 15 feet.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.B.1.b
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.B.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 25%, which would allow reduction of the
front yard setback from 20 feet to 15 feet. This is the least amount necessary to connect
to the proposed accessible walkway. 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
adjustments will affect the front yard setback only. Emergency access from the public
streets fronting the properties will not be affected. Therefore, this criterion is satisfied.
There is not a reasonable alternative to the adjustment which achieves the desired
effect. The only alternative to the proposed adjustments would be to move the proposed
addition back on the lot. This would conflict with a doorway in the existing structure and
complicate the accessible walkway. The proposed adjustments are, therefore, the only
reasonable alternative that achieves`the desired effect and this criterion is met.
NOTICE OF TYPE I DECISION VAR 1999-00008 -SCHREINER SETBACK ADJUSTMENT PAGE 2 OF 3
SECTION V. PROCEDURE AND APPEAL INFORMATION
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 AS OF MAY 27, 1999.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE MAY 28, 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 27. 1999
PREPARED BY: Mark I Roberts DATE
Associate Planner
May 27. 1999
APPROVED BY: Richard Bewersdo ~ DATE
Planning Manager
is\curpln\mj r\va r\var99-08.dec
NOTICE OF TYPE I DECISION VAR 1999-00008 -SCHREINER SETBACK ADJUSTMENT PAGE 3 OF 3
.FROM RICK CARLSON, ARO PHONE NO. 503 , 29X82 P01
3G+•fwVNER IR~SID~?rlCl= rVS2 10 _61U 11AI.COLM CT.
Rt_AND, M qjJ22b
-12425 S.UL 124th ~Aw ~3 29'1-s~a2
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[DATSc APRIL 21 1999
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ADDITION
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MAIN 6avu. P60c m PLAN
. ADDItlON e51 8~ v~"•~_®,
CITY of TIGARD
-FTT Iv GEOGRAPHIC INFORMATION SYSTEM
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ST ERI z.
VICINITY MAP
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PL VAR. 1999-00008
SCHREINER
N. SETBACK
ST ADJUSTMENT
SUBJE
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0 100 200 300 400 Feet
1"= 303 feet
TIPPITT P
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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
Tigard, OR 97223
(503) 639.4171
http:flwvrN.CiAigard.or.us
Plot date: May 26,19R, C-Wgic%MAGI(03APR
Community Development r
_~NER STEVEN A
SW 124TH
~D. DR 97223
CITV,OFTIOARD
AFFIDAVIT OF MAILING
Community (Development
• ShapingA Better Community
STATE OE OREGON )
County of Washington )ss.
City of Tigard ) r
I, (Patricia L. Lumford, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCut II for the
City of Tigard, Washington County, Oregon and that -I served the .following:
(Check Appmpriate Box(s) Below)
❑ NOTICE OF PENDING LAND USE APPLICATION FOR: 2~
❑ AMENDED NOTICE (File NoJName Reference)
❑ City of Tigard Planning. Director
❑X NOTICE OF DECISION FOR: VAR 1999-00008/SCHREINER SETBACK ADJUSTMENT '
❑ AMENDED NOTICE (File NoJName Reference)
E1 City of Tigard Planning Director
❑ NOTICE OF PUBLIC HEARING FOR: L~l /
❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
a NOTICE of FINAL ORDER NO. FOR: L7
❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearings)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
1-1 NOTICE OF-
(Type/Kind of Notice)
FOR: E I
(File NoJName Reference) (Date of Public Hearing, If applicable)
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached,
marked`~Xhibit "A", was mailed to each named person(s) at the. address(s) shown on the attached list(s), marked
ExIiibit'B', on the 27, day of May, 199and ~eposited in the United States Mail on the 2r day of MY, 1999, postage
prepaid
\1%// Gu / / / 671 '
/ UP_erson th t Pr pare ,Noti e)
Subscribed and sworn/affirmed kWbre me on the day of /7 /7 , 19~
OFFICIAL SEAL ~ •
DIANE M JELDERKS
NOTARY PUBLIC OREGON IC OF OR~~
COMMISSION NO. 046142
My Commission CS:
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:
GENERAL INFORMATION DATE OF PRE-APP.:
Property Address/Location(s): M
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): oZ 510 - / 2 0 10
Site Size: M 66~
Property Owner/Deed Holder(s)*: Case No.(s):
Address: )Z!V2< 4W R Phone: S9D -~4 ~2s Other Case No.(s):
City: Zip:
Applicant*: Receipt No.: ~'I Gl - ~7 yg~~
Address: Phone: Application Accepted By:
City: Zip:
Date:
* 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'B/e Complete:
The owner(s) must sign this application in the space provided on the °Z'g
back of this form or submit a written authorization with this Comp Plan/Zone Designation:
application. 7--q. F5/0 313/5 - 01 a d
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
Development 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:
Plea a sta the reason for the Adjustment request: Application Form
Owner's Signature/Written Authorization
s ❑ Title Transfer Instrument or Deed
Site/Plot Plan
of copies based on pre-app check list)
❑ Site/Plot Plan (reduced 8'/2"x 11
70 60S Applicant's Statement
ddressing Criteria Under Section 18.370.020)
Filing Fee $100.00
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
ro e
• 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 day of 119
Owners Signature Owner's Signature
Owner's Signature Owner's Signature
2
CITY OF T I GARD RECEIPT OF PAYME=NT RECEIPT NO. :99-314905
CHECK AMOUNT o 100.00
CREDIT CARD 0.00
CHANGE 0.00
NOME o 5C'.HRE:Ci` ER, STEVEN A CASH AMOUNT 0.00
ADDRESS u 12425 Sty! 124TH AVE PAYMENT DATE 04/2B/99
SUBDIVISION
T.T.C)F RD, OR972c''_:3
PURPOSE OF= PAYMENT AMOUNT PAID PURPOSE OF PAYMENT AMOUNT PAID
l, ilk. 00
C:jR LAND USE CASE #VAR1199-00003
12425 SW 114TH AVE CHECK #160
TGTAL AMOUNT PAID 100.00