VAR2001-00008
EXHIBIT A,
NOTICE OF TYPE I"DECISION
BICKEL SIDE YARDSETBACK ADJUSTMENT
CITY OF TIGARD
VARIANCE (VAR).2001.00008 Community (Development
Shaping.A Better Community
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: BICKEL SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Side Yard Setback Adjustment' VAR2001-00008
PROPOSAL: The applicant has requested approval for an adjustment to reduce the
side yard setback from 5 feet to 4 feet to allow for a roof overhang.
APPLICANT: Brent Bickel OWNER: Same
13251 SW Menlor Lane
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential.
ZONING
DESIGNATION: R-4.5: The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and
attached single family units are permitted conditionally. Some civic
and institutional uses are also permitted conditionally.
LOCATION: 13208 SW Broadmoor Place; WCTM 2S104DB, Tax Lot 02000.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 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.
VAR2001-00008 -BICKEL SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3
r
SECTIONAL BACKGROUND INFORMATION
Site History:
Staff has conducted a search of computer records and found no land use records related
to the parcel.
Vicinity Information:
The site is located on the east side of SW Broadmoor Road. It is lot 20 of the Amesbury
Heights Subdivision.
Site Information and Proposal Description:
The subject site is zoned Low Density Residential and is scheduled to be developed with a
single-family residence. The applicant is requesting a variance to the north side yard
setback from 5 feet to 4 feet to accommodate the southern roof overhang of 1 foot. - The
property was reduced from 80 feet wide to 55 feet wide through a 20-foot public easement.
Because of this easement, there can be no roof overhang on the southern side of the
house. The house is exactly 55 feet wide, but the 1-foot roof overhang along the southern
easement forces the house to shift 1 foot to the north, encroaching into the 5-foot northern
setback. This request is being processed prior to the submittal of required applications for
the building permits.
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.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 applicant has requested the full 20% reduction of the 5-foot side yard variance. This
would reduce the side yard setback from five (5) feet to four (4) feet; allowing for the
encroachment of the building into the north setback due to the 6-8 inch overhang of the
roof on the southern easement.
The adjustment will result in the preservation of trees, 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.
VAR2001-00008 -BICKEL SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
0 •
There is not a reasonable alternative to the adjustment, which. achieves the desired
effect.
Due to the required 20-foot public easement, the applicants were forced to find a house
exactly 55 feet wide. They were unaware of the restriction that made it impossible for a
roof overhang to press into the 20-foot easement. The house is exactly 55 feet wide, and
if the southern easement were a setback, there would not be a problem. The 1-foot side
yard setback adjustment is a reasonable way to achieve the desired effect. The home on
the neighboring lot is setback 11 feet from the common lot line so the 1-foot encroachment
into the northern setback will cause a negligible hardship to the neighboring lot. Because
of this setback adjustment, the potential 2-foot eave overhang setback allowance will be
restricted to a one-foot eave overhang setback allowance.
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.
Final Decision:
THIS DECISION It FINAL ON MAY 8, 2001 AND BECOMES
EFFECTIVE ON MAY 9, 2001 'UNLE'SS AN APPEAL IS FILED.
Questions.
I you any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171,.
I r(I '(A-110 - May 8 2001
7PArD o i Buchanan DATE
Current Planning
May 8 2001
APPROVED-BY. Richard Bew orff DA
Planning Manager
VAR2001-00008 -BICKEL SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
CITY OF TIGARD PLANNING DIVISION/COMMUNITY DEVELOPMENT DEPARTMENT
' cmo~Tlonrto
10'-0' WIDE PRIVATE
~-W S.D.E. FOR THE BENEFIT I
4'-0' WIDE CONC. CF LOT IS
U WALK . STAIR' .
(81 90. FT.) I 410 9 410 400 -
'S. 89'$3'481 E. r ' r
r- -r
ILl1- _ _ i r , T y
1 20'-0' FLR. 49'-II eB>#-0' 390 I.
r ~
410 '~I 21 m51 \\.~r _Lr lip
Q ~l \.1-0~R FLR, m iDECK
!r 1 , I
- O ~0
- ~ -GARf/ E
I
' 4J5}D'
i
4' A69 SANITARY SEWER - - S. -89-53'48'-
CONNECT TO CITY 410- 18'-O' WIDE x 400 - 390 10'-0' WIDE PUBLIC 9DE.
APPROVED SEWER 4' THICK 9.9E. AND PUBLIC UTILITY I
10'-0' GONG. DRIVE EASEMENT - -
WATER METER 4 (431 96L FT.)
I' PVC WATER LINE -
CCE99 EASEMENT '
3' AB9 910RMLINE -
DISPOSE BLK-CUT
e CURB
S I T E F L A N P, 10'
LOT 10
CITY OF TIGARD OREGON 1
CONTRACTOR
BICKEL RESIDENCE
13Z 0,s Sum
l~ and
BICKEL SIDE YARD SETBACK ADJUSTMENT
CjW of TIGARD
SITE PLAN N VAR2001-00008
(Map is not to scale)
> CITY of - .
GEOGRAPHIC INFORMATION SYSTEM
ST M ST
VICINITY MAP
DOE W
VAR2001-00008
BICKEL SIDE YARD
i SETBACK
ADJUSTMENT
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1"= 378 feet
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SVv ma -Q Information on Us map is for general location only and
should be verged with the Development Services Division.
13125 SW Han Blvd
S m Tigard, OR 97223
(503) 639-4171
Community Development Rl http:1tw w.Ci.tigard.or.us
Plot date: May 4, 2001; C:VT1a9iC\MAGIC03.APR
j EXHIBIT B
Brent Bickel BICKEL SIDEYA SETBACK ADJUSTMENT
13251 SW Menlor Lane VAR2001-00008
Tigard, OR 97223
CITY OF TIOARD
AFFIDAVIT OF MAILING
Community Development
i 11 Shaping A Better Community
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Shirley L. Treat, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist 1 for
the City of Tigard, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑ NOTICE OF PENDING APPLICATION FOR: kt:7
❑ AMENDED NOTICE
(Type/Kind of Notice) (File NoJName Reference) (14Day Comment Period)
❑ City of Tigard Planning Director
® NOTICE OF TYPE I DECISION FOR: et7BICKEL SIDEYARD SETBACK ADIUSTIVIENTMAR2001-00008
❑ AMENDED NOTICE (File NoJName Reference)
❑D City of Tigard Planning Director
❑ NOTICE OF PUBLIC HEARING _ FOR: k~:7
❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ NOTICE OF FINAL ORDER FOR: k~:7
❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached,
marked Exhibit 'W, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhibit'B", on May 8, 2001, and deposited in the United States Mail on May 8. 2001, postage prepaid.
(Perso that Prepared Notice)
Subscribed and sworn/affirmed before me on the day of , 20Lj-
NOTARY PUBLIC OF OREGON
ShBF3o3MA1~! ~cu~ S. CA CAt_PER My Commission Expires:
NOTARY PUBLIC-OREGON
COMMISSION NO. 323409
MY COMMISSION EXPIRES MAY 13, 2003
11
WILL CALUPICK UP
i
Fill out this form completely and attached it securely
to the document(s). Bring it to the WILL CALL/ PICK
i UP area at the Front Counter and file in the
appropriate alphabetical slot by last name/company.
f~c-C:c~J
TO: &A&
~ i
COMPANY NAM : r
DOCUMENT NAME: off-
FROM: ~+l=t~✓ "
DEPARTMENT:
f DATE TO WILL CALL:
1
FEE:
If the document is not picked up within 5 working
days of the "DATE TO WILL CALL", the document
will be returned to the originator.
RETURNED TO ORIGINATOR DATE:
~ j
f
1.
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: A 1I
DATE OF PRE-APP.: - VI I-
-GENERAL INFORMATION
Property Address/Location(s): ) 3 2 O 8 Sta. $p~~ M-6a
Gam, FOR STAFF USE ONLY
~6 Za AUjj~5'§,uTi-y -,,v t
`
Tax Map & Tax Lot #(s): a 1 d D ED. QCM
Site Size:
Property Owner/Deed Holder(s)*: Case No.(s): MQ
Address: 132 S j 5• W. t4WLea- La. Phone: 59o - 5 l 'Other Case No.(s):
City: Ttii,nlz I a?l ZIP: !312,2,---4k
Receipt No::
Applicant* ]QS RoYE _
Address: Phone: Application: Accepted By;' u7
City: Zip: 14,
Date:
* When the owner and the applicant are different people, the applicant 4 w:
must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owner(s) Date Determined To Be ,Complete
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. Comp Plan/Zone Designation:
PROPOSAL SUMMARY``''`'
CIT Area:
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Recording Date and Number}.
Community Development Code (please circle one only):
>Development Adjustment $100 Rev 6/2012000'sl:\curpInlrna sters43diustmt msf
>Special Adjustments:
# Adjustments to a Subdivision $100
# Reduction of Minimum Residential Density $100
# Landscaping Adjustments - Existing/New Street Trees $100
# Parking Adjustments - Reduction in Stacking Lane Length $100
# Wireless Communication Facility Adjustments- Distance From Another Tower $100 REQUIRED SUBMITTAL ELEMENTS
Ple se tate the reason for the Adjustment request: 0 ~v= avt~
S o aQ,f/it-e` S' h~ ✓ Application Elements Submitted:
Cl;~i >rLGDwthtiln~sl ~7Lc `IDGI IZiDVt~ OVC-~/Application Form
1oo~ In 5. Sy~haGk .
Q/Owner's Signature/Written Authorization
1 ❑ /Title Transfer Instrument or Deed
DuG ~o Zvi. 2 ~S~ wr~tz~ fti 1Uiai~lt o~~uilc/ ab,(~ 0 Site/Plot Plan (6 copies)
r rf D~ ~~QS/~' h Y0 a~N Cv a~ ~ro v!-i ~0 ~5,~~. _
9duGed )
~IOUSe IS ctc 55~ ~i ~e- Gf /Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
W w~4 d P,04 6/y Q Y"/11a-IC a C ou tllrhvS US ~ Filing Fee $100.00
i6 Q U, 5AM-e XJ, a) Ql y i i c- L& ~o iK
a house w17A :anouyA- -g are -radfzje- -
ioro~ Comfy. 1
Moe wid-I A o f 6k3
7,a Kt ,s 4r yowr GonSlaLPccc~r~~
0
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 carrbe 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.
DATED this day of /
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200100000000001853
Date' 05/04/2001
T I D E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No.
Amount Due
VAR2001-00008 ADMIN VARIANCE 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check BRENT BICKEL 0 6054 0 $100.00
TOTAL AMOUNT PAID: $100.00
24
68
03168 6 0 5 4 T -
_
BRENT BICKEL _ _
- ]3585=SW WHITEHALL,1N. 503-590-5331 ' 0117016253
TIGARD, OR 97223_
h
Pay to te
- Order of oo. oe
y r
£ ' K r Wlw,s :r r =
r ' 1 + it .C
- Wells Fargo Bank H y rF v +~ts nor ~y { ai -
V'A
12220 Southwest Shoals Ferry Road r~ ? fi~ is r~?y,~r
_ • 79 2r4OR97223xF„ at ~
wwwweltsfargacr p~~s1'~~ ~ztis 3y'~~~ =r
! Memo " ; ^~l~
b
RECORDING REQUESTED BY
FIDELITY NATIONAL TITLE COMPANY OF OREGON
GRANTOR'S NAME
Patricia J. McCarthy
GRANTEE'S NAME
Brent E. Bickel and Andrea 0. Bickel
SEND TAX STATEMENTS TO:
Mr. and Mrs. Brent E. Bickel
AFTER RECORDING RETURN TQ:
Mr. and Mrs. Brent E. Bickel
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STATUTORY WARRANTY DEED
Patricia J. McCarthy (who acquired title as Pat McCarthy), Grantor, conveys and warrants to
Brent E. Bickel and Andrea O.~ Bickel, as tenants by the entirety, Grantee, the following described real property, free
and clear of encumbrances except as specifically set forth below, situated in the Coun~y of;Washington, State of
Oregon,
Lot 20, Amesbury Heights, in the City of Tigard, Washington County, Oregon.
Subject to and excepting:
Vacant land and taxes are assessed accordingly; An easernent for public utilities as shown on the plat; An Easement
for storm drain as shown on the plat; Covenants, conditions and restrictions as shown on the plat; Covenants,
conditions and restrictions as recorded 3/18/97 as fee #!97023701 and amended 10/29/97 as fee #97098156 and
amended 4/29/98 as fee #98044316; Liens, assessements and charges of Amesbury Heights Hoemowners Assocation
although escrow could find nothing due at the present time; An Easement for ingress and egress as recorded 2/20/98
as fee #98015950; Discrepancies, conflicts in boundary lines, shortage in area, encroachment or other facts that a
Sl.lrvey would disclose,
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS S1oo,o0o.oo (See ORS 93.030)
DATED: March 22, 2001
Patricia J. McCartF.y
STATE OF OREGON
OFF=!CIAL. se.At.
COUNTY OF QL
LISA FREDINBURG
LZaL.r NOTARY PUBLIC-OREGON
COMMIS SIGN NO 329542
This instrument was acknowledged before me on •
I%Ay i,'` M(,11S$IOPJ EXP!RI S .JANi JAI,Y 21 2004
NOTARY UBLI FO OREGON /
.my COM ON EXPIRES:
FORD-313 (Rev 2/96) STATUTORY WARRANTY DEED
City of Tigard, Community Development
Memo
Date: May 4th, 2001
To: Jodi Buchanan
From: Diane Parke, Permit Technician y
RE: Adjustment Application
This is an application for an.adjustment to a side yard setback. Matt S. spoke
with the applicant at the counter and let him know this is what he needed to do
to make the house plan fit.
The applicant is on a tight time schedule and needs to have this approval by May
9t" to avoid a $590.00 fee as part of his building submittal. He has his building
permit ready to submit but cant submit until he has this approval.
Any questions let me know.
Thanks for the help!!!
Now
I. PROVIDE A MINIMUM S' DEEP GRAVEL BASE FOR ALL
DRIVEWAY AREAS.
2. MAXIMUM DRIVEWAY SLOPE SHOULD BE VERIFIED WITH
THE BUILDING DEPARTMENT PRIOR TO CONSTRUCTION. Bo
3. PROVIDE A MINIMUM 4' DEEP GRAVEL 5A5E FOR ALL
SIDEWALK AND PATIO AREAS. CD
C>
0
4. PIPE ALL STORM DRAINAGE FROM THE BUILDING TO A
DI5P05AL POINT APPROVED BY THE BUILDING
DEPARTMENT. U o
a
5. PROVIDE AND MAINTAIN POSITIVE DRAINAGE AWAY Z 3
3
FROM BUILDING ON ALL SIDES.
cD
0. THE BOUNDARY AND TOPOGRAPHY INFORMATION ~
HAS BEEN PROVIDED TO POLLARD - H05MAR 10'-0' WIDE PRIVATE
DESIGNERS, INC. BY THE CONTRACTOR, OWNER OR lAl S.D.E. FOR THE BENEFIT
4'-0' WIDE CONC. C14
ENGINEERING CON5ULTANT.,P0LLARD - HOSMAR OF LOT 19 c0
v WALK d STAIRS i
DESIGNERS, INC. WILL NOT BE HELD LIABLE FOR THE 410
ACCURACY OF TH15 INFORMATION. IT IS THE SOLE (82 SQ. FT.)~ 410 400 °
RESPONSIBILITY OF THE CONTRACTOR TO VERIFY r ALL 517E CONDITIONS INCLUDING ANY FILL PLACED , r r r°-•--I-----~--• --~°--•-r•• L1J x
fi55.11'I l r Q
ON THE SITE. THE CONTRACTOR MUST INFORM THIS I
OFFICE OF ANY POTENTIAL FIELD MODIFICATIONS F-- •
NOT SPECIFIED ON THE PLANS.
20'•0' r i MAI FLR I, 49 D*.~. i s8t'•0' 390 `n
I , Q ci
1, NON-STABILIZED FILL MUST NOT EXCEED 2:1 SLOPE % I1 4?~ ' I i I i i °
N
8. EXCAVATION MATERIAL REMAINING ON 51TE 15 TO o I ~4 I I I i I ii
r i i M
BE CONTAINED BY AN APPROVED SEDIMENT BARRIER.
/ r r l r l~ i w o
J, Ln
(FILTER FABRIC TENSILE, STRAW BALE SEDIMENT BARRIER o - t. J I : I I I U
420' I I~ / I:: ill i / r
OR EROSION BLANKET WITH ANCHORS) THE CONTRACTOR i
e I, •
MUST VERIFY LOCATION WITH APPROPRIATE BUILDING i I 2( X51 Y y I f r r' 1-
I I I r I r / r r I U M
OFFICIAL, (1 PI~ i LOI~IER FLRa m i ~CK ! % I r Ir N 4 14. 6;
r
9. PROTECT STOCK PILES FROM OCTOBER Ist THRU ' 9
r . Tv rI r r , /
APRIL 30th PER THE EROSION CONTROL HANDBOOK I di O
/
10. NO CUTTING OR FILLING SHALL TAKE PLACE WITHIN
THE DRIP LINE OF AN EXISTING TREE UNLESS THE N I I I k
EXCEPTION IS APPROVED BY THE BUILDING DEPT,
►1•~ it { ',4~5~ L.4;. a,4` „ ' ~ . I r i ~ r ' l I i I
' fl. AFTER COMPLETION OF CONSTRUCTION, THE CONTRACTOR -
MUST EITHER LANDSCAPE THE 501L5, MULCH THE SOIL OR N
5F=E.[:> THE EXPOSED SOILS. 3 ; ' ' ; / i / ! / ; I • ~
A
~
1.1v-- ~'i'//,/'/ Q
S. 89'63'4B'• W. r- , - -°-~°-d - z
4' ASS SANITARY SEWER - r C)
CONNECT TO CITY 410 18'-0' WIDE x 400 390 20'-0' WIDE PUBLIC SDE.,
APPROVED SEWER 4' THICK S.S.E. AND PUBLIC UTILITY 3
WATER METER d CONC. DRIVE EASEMENT vi
(432 SQ. FT.) 00
I' PVC WATER LINE N
CCESS EASEMENT
3' ASS STORMLINE
DISPOSE ,s BLK-OUT
® CURB I - R~CEBVED LAN,NING
5 f T E F L A I `4 1' 20'-0'
LOT 20 MAY d Q 2001
CITY OF TIGARD OREGON S CITY OF TIGARD
CONTRACTOR
IC;<E.. RESIDENCE PH21022
3Z 0o V (~Q~YI2OcJ✓ /Q-~~C~ 4/11/01 MWA