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VAR1999-00009
EXHIBIT 'A s: E F I SI0N. h _ NOTIC 0 TYPE DECI w` 3 u w i Y. . ~ t - ;e:~• ~ Ya a :N~ r ADJUSTMENT[IIARI 1999 00009 M R rq e CITY OF TIGARD a ; =41r .K.i '..q•a""'-r•^, 'MATTHES SIDE`YARD SETBACK ADJUSTMENT Community ~DeveCopment ez :a' SFiapingA~BetterConzmuruty 120 DAYS = 9/18199 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: MATTHES SIDE YARD SETBACK ADJUSTMENT Adjustment VAR 1999-00009 PROPOSAL: The applicant has requested an adjustment to the side yard setback to reduce the setback to 3 feet. The purpose of the adjustment is to allow for the placement of an air conditioner unit on the side of the house. APPLICANT/ OWNER: Albert and Mary Matthes 15249 SW Alderbrook Place . Tigard, OR 97224 LOCATION: 15249 SW Alderbrook Place; WCTM 25111 DB, Tax Lot 05100. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION '8x;-`t i.. 3~"=,,n.,"?: .:a•.s. ...56:: fig:: '~•it,.: a':, &~c. a4 ;cw, y...~i• aa•R 3; n e;>:.t' ,.ate .i l~ "'aC,::>r•'x.~~ E . Noticefiis hereby'=given thatbthe City of Tigard Community:Development Di°rector,g:'. dsignee a , :ha's APPROVED theabove request„ ubjetct,to,certain conditions of. approval. +o'a• :,scee, 9; , H ,-'s y.~ , : The fndings~andaconclusions on which the decls_ion~is based are noted m Section IV 46 NOTICE OF TYPE I DECISION VAR 1999-00009 - MATTHES SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 CONDITION OF APPROVAL i 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 located in the Summerfield Subdivision at 15249 SW Alderbrook. The property is bordered on all sides by single family residences. The proposal is to intrude into the 5-foot side yard setback by 1-foot in order to place an 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 provision. 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 23.5 inches by 23.5 inches. The existing setback, is 6 feet from the property line, therefore, the unit would intrude 1-f6ot into the required setback. The required side yard setback is 5 feet, therefore, a 20-foot rieduction of this setback would allow a 1-foot intrusion into the 5 yard setback. FINDING: Because the proposal is to intrude 17foot into the required 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: NOTICE OF TYPE I DECISION VAR 1999-00009 - MATTHES SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 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 dwelling. The air conditioner unit is being., placed. on the side of the house. The closest portion of the building on the adjacent property is a garage. 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. Theapplicant's have proposed the air condition in this location so as to impact the adjacent properties the least. Because the closest structure is a garage, the impact is the least intrusive in this location. This is the only alternative that allows 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 lot line 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 MAY 21, 1999, AND BECOMES EFFECTIVE ON MAY 22, 1999. Questions: If you have any questions, please call the Clty of Tiggard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. May 21, 1999 PREP - ED BY: Julia Haiduk ATE Associate Planner is\cu rpl n\ju lia\mis\VAR99-09Matthes. doc NOTICE OF TYPE I DECISION VAR 1999-00009 - MATTHES SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 : ND rp~~~ x /tivu~rve~ D Oll - a a Ii'r ~?iv.~Cl LoT 6~~G SkrT. l~1 lcQt 4 s rN~~ i s ~ e-, = v -r* A~- is nor 0440 htui 5 pL~S JRc=4 /~F/ctay' Y-- Cam,' Jb ; 2 114 ✓ v' j y `p, plc: ~1t iQ I ' lk~ r UZI, W ua sr, try U p~lY~ 1 J C 10 5d-57' A A Z 9 a NoUSL-- Opt w Gw~ 5 IVE 6 7'' L I Ow~' CITY of TIGARD G GEOGRAPHIC INFORMATION SYSTEM 4A T VICINITY MAP, - REILING LEST--IE ' VAR 1999-00009 MATH ES SUBJEC SIDEYARD SITE DAWN SETBACK WEST ADJUSTMENT SATTLER w MER L Q C ~ J S~ G L O . 0 100 200 300 Feet I 1'= 242 feet City of Tigard 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 ; TIM, (503) 639-4171 httpJhw .ci.tigard.or.us Community Development. Plot date: May 21, 1999; C:\magic\MAGIC03.APR D~ V )8-05100 iES -RT 00y, PL SAN ~0, op,. 97224 r. AFFIDAVIT OF MAILING CITY OFTIGARD Community (DeveCopment ShapingA Better Community STATL O'- OREG05V ) County of Washington ) ss. City of Tigard ) I., (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specia&t II for the City of Tigard, Washington County, Oregon and that I served the following: (Dnea Appropriate Box(s) Beim) ❑ NOTICE OF PENDINGIAND USE APPLICATION ' FOR: L~7 ❑ AMENDED NOTICE (File NoJName Reference) ❑ City of Tigard Planning Director ❑X NOTICE OF DECISION FOR: VAR 1999-00009/1,14TTHES SIDE YARD SETBACK ADJUSTMENT' ❑ AMENDED NOTICE (File NoJName Reference) 0 City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: / ❑ 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: 2~7 ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council OTI (Type/Kind of Notice) FOR: 2!~7 (File NoJName Reference) (Date of Public Hearing, if applicable) A copy of the PUBLICAEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached, marked-EXh~lt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhiblt'B the 21" day of Me 1999, and.deposi ed in the United States Mail on the 21" day of M8% 1999, postage prepaid. (Person hat-Prepared N ce) Subscribed and sworn/affirmed before me on the ay oY) t9 OFFICIAL SEAL DIANE M JELDERKS - NOTARY PUBLIC-OREGON IC OF 011~q COMMISSION NO. 046142 Commission EXQi s: 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 'f 2 9 Ski ~~c=2~a00k PL .97;-J-Y S c~Ms9t-2/~i~%~1 FOR STAFF USE ONLY `it`l (,"-~1(11~ , ex. TaxIVlap&TaxLot#(s):M4t S - S/a a Site Size: 0600 9 Property Owner/Deed Holder(s)*:/4U' t---ATT• /V#rr/k:s A4#AYJ Case No.(s): j/,41Z Iff? Address: 10gq SW ALA OA.oo )01,,_ Phone: 3 3 6 Other Case No.(s): City: T-ILA- OR Zip: 477-3-~%Y Applicant*: SAME ~S 440Ve. Receipt No.: V Address: Phone: Application Accepted By: City: Zip. Date: 7 * 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 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 !:\curpln\masters\adjustmt.mst Development Adjustment: $ 100 Special Adjustments: $ 100 o Adjustment to a Subdivision $ 100 o Reduction of Minimum Residential Density $ 100 REQUIRED SUBMITTAL ELEMENTS o Landscaping Adjustments - Existing/New Street Trees $ 100 o Parking Adjustments - Reduction in Stacking Lane Length o Wireless Communication Facility Adjustments - Distance From Another Tower $ 100 ✓ Application Elements Submitted: Please state the reason for the Adjustment request: 'tV bv5TJGL ❑ Application Form A-i (L UA),6 i©•y U.vT ❑ Owner's Signature/Written Authorization ❑ Title Transfer Instrument or Deed El Site/Plot Plan (Sk&✓ `O of copies based on pre-app check list) ❑ Site/Plot Plan (reduced 81h-x 11 ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) ❑ Filing Fee $100.0 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 propeft. • 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. 19~ DATED this ` 7 day of Ulddzz Owner's Signatur Owner's Signature Owner's S' nature Owner's Signature 2 (3~ Ale rot-O."t /Ovvpl.vc-,6 r sq:F"`f. I~IPLAt A t- V L; S'17L'/~r is iy y \my ~o V S ~a rN rt' Allr- woo 6e. i YO rw AbtAv" /A P~= p~ Ae~(' y~4 fit loo' rr- rin t, G t 1,J t1 f ,=s c5o V A rt' Tow Cal Ne ..r. t lie 5 A n LO Al t) F_ CITY OF T I GARD - RECEIPT OF PAYMENT RECEIPT NO. :99-315431 CHECK AMOUNT a 100.00 CREDIT CARD . 0.00 CHANGE 0.00 NAME MAT1`HES, ALBERT J, JR CASH AMOUNT 41.00 ADDRES0 s 15Q9 5W ALDERPROOK PLACE:. PAYMENT DATE 05/17/99 . SUBDIVISION T.IGARDv OR 97224- PURPOSE O PAYMENT AMOUNT PAID PURPOSE: OF PAYMENT AMOUNT PAID LAND USE APPL 100.00 FOR LAND USE CASE VAR1999-00009 CHECK #4069 FOR ADJUSTMENT TYPE I APPLICATION TOTAL AMOUNT PAID 100.00 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in Section 18.160.120. 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using."clear and objective standards," these can be granted by means of 'a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.010C. _B. Development adiustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: a. 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 provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired affect; ee G J b. The adjustment will result in the preservation of trees, if trees are present in the development area; C. The adjustment will not impede adequate emergency access to the site; Co d. There is not a reasonable alternative to the adjustment which achieves the desired affect. C. Special adjustments. 1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved, approved with conditions, , or denied provided the Director finds: a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; Variances and Adjustments 18.370.2 11126198 ' City of Tigard Where Can I Get Heln . For' Single-family Residential Prel2iring A Site Plan? - Development: Communit 1) Existing, and platted streets y Neither the, Planning Division nor Development and other public ways-- the Building Division staff can Department draw . the . plans or design the 2) Scale: Any standard Engineer-, project for you. We. can only check ing scale; _ the completed plans to be sure they 3) North arrow (always points meet the. code requirements. You. towards the top of the page); - will save time and money if your . 4) Orient lan ri lit-side-u - . plans do not need major revisions. g P SITE Information PLAN Bulletin . on We are available to, assist , you in 1ri understandin the code require- Leaend bottom e a n g A site plan is required .for land -bi If you need help in drawing w e contains: Applicant's merits. _ - use%develo merit reviews and in the site plan, please consult 'a name, phone number, date, site ! . order to obtain building permits. A professional for advice or-help. The - address, site size, and map and i site an is as scaled drawing or ma p tax lot number(s); PI ellow a es' or various builders Y P g showing what improvements. you may provide you with references.. 6), Location, dimensions, and set- -intend to make on your property. A How Does a Site Plan Help backs of all buildings -(existing correctly drawn plan shows the lot Me? and proposed); lines for a parcel, the' adjacent 7) -All existing trees over '6 inches streets, driveways, utilities, and ek- A detailed site plan helps in your in diameter; - isting and . proposed . development.- own planning, communicates. your on the site. construction ideas to us and your- 8) All utility and access easements contractor, and helps assure that (existing and proposed); What*Do I Need To Submit? your planned project complies with' 9) All. driveways (existing and -S bmit`the number of copies of the ;the building and zoning codes. A " proposed); site ~pTan as specihe`-3 on our re- ; situ plan also communicates your application form a ong with the a - ideas to other reviewing agencies 10) All property lines and .dimen- P g sions (existing and'proposed); plication form and- required fee to .(Utility companies, fire district, buildin the Planning Division at 13125 SW etc...) who may'not be able to visit 11) All gs and their, dimen- Hall Boulevard. See the site plan the site. A complete and accurate sions. within .25 feet of -'all example and checklist on the back set of plans helps speed up p the plan property lines; of this page to help you include all review process - and helps the -12) Statement -,of general topog- the information needed "iri the site project proceed more smoothly to raphy- of site or general site plan.. the goal: completion "of_ a safe and. elevations, drawn at; either 2 attractive project. Items . To - Be- foot or 5 foot intervals. Shown On Site Plan:_. . a %djocent HOUSe 5 Sao er Easement S°nitury - i 3 1 V) Z N 'n cV ! rip Q O 0~w ^ .~1 tc~ i ' p ~n ca 1 I Cr- , co d, 0 1 ° a 1 > vet. x ~ D 63g_ 4-171 PHONE # ' pUgLIC STREET Np,ME. 222 S Y+1. AgC 00401 SITE ADORE'S' NuMBEp; 2S1 02DR, Rp & T RX LOT ARE FEET ALE 1" = 20, M 14 04© S SC R-7 SITE SIZE 9Z()NE, 3. DATE' 1