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VAR2002-00006
NOTICE OF TYPE I DECISION MARSH SIDE .YARD SETBACK ADJUSTMENT CITY OF TIGARD' VARIANCE (VAR) 2002 00006 Community (Development S(ur 'ngA Better Community 120 DAYS = 6/13/2002 SECTION I. APPLICATION SUMMARY FILE NAME: MARSH SIDE YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2002-00006 PROPOSAL: The applicant has requested approval for a development adjustment to reduce the side yard setback from 5 feet to 4 feet for an air conditioning unit to be placed. APPLICANT: Charles Marsh OWNER: Charles Marsh 15910 SW Century Oak Circle 15905 SW Oak Meadow Ln. Tigard, OR 97224 Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION:. R-7; 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: 15905 SW Oak Meadow Lane; WCTM 25111 DC, Tax Lot 13300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390 and 18.510. SECTION II., DECISION U 1. N Notice is yhereb even tha cep: y g t the City of Tigard Community Development Direcfor's designee' has APPROVED the above request. The findings and conclusions' on'. which; the 'dedision is, based are noted m Section lU of this decision k VAR2002-00006 - MARSH SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 • 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. SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject site is located with the Summerfield Subdivision. The applicant has requested approval for a development adjustment to reduce the side yard setback from 5 feet to 4 feet to accommodate for an air conditioning unit. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.2.a provides that up to a 20% reduction of the dimensional standards for the rear yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.6.2, 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 a 20% reduction. This would reduce the side yard setback from 5 feet to 4 feet. The "desired effect" is to allow the proposed air conditioning unit to be placed along the side of the home. The side yard setback adjustment is the least required to achieve the desired effect. Therefore, this standard has been satisfied. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are associated with this request. Therefore, this criterion does not apply. The adjustment will not impede adequate emergency access to the site. The request is for a side yard setback adjustment in order to place an air conditioning unit on the side of the home. The front of the home will remain free of air conditioning units. Therefore, emergency access -to the site will not be impeded. There is not a reasonable alternative to the adjustment, which achieves the desired effect. The requested adjustment to the side yard setback creates the least impact to the property. Any other site on the property will create a nuisance to the owner and surrounding property owners. The side yard is the most logical site for the air conditioning unit due to the adjoining property owner's existing air conditioning is also placed on the side yard. FINDING: Based on the analysis above, staff finds that the development adjustment criteria are satisfied. VAR2002-00006 - MARSH SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 SECTION V. PROCEDURE AND APPEAL INFORMATION A side yard setback 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 FEBRUARY 1,5, 2002 AND BECOMES EFFECTIVE-ON FEBRUARY 16,2002 UNLESS 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. February 15, 200-2 PREPARE BY: Mar~iew-S er DATE sistant Pla ner • eA February 15, 2002 APP WED'BY: is ar Bewersdd DATE Planning Mana r is\cu rpln\Mathew\VAR2002-00006.dec VAR2002-00006 - MARSH SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3 CITY of O J SVY )RI ND LN GEOGRAPHIC INFORMATION eVei Ew w Of Y SUMMERFIEL OZ o w VICINITY MAP = m LLJ o GRAVENSTIEN LN Z V S~ O a ALDE O g VAR2002-00006 SW PIPPEN LN w MARSH SIDE YARD SETBACK ADJUSTMENT W DR X b 3 o 00 M ~..4r `=.4^S oho HAMLET 0 0 fed'" j ere - ~ 21 suu irri IT RD DURH 12p z -9L~ - fir''")~ r^ n1,,'' O Tigard Area Map V e SIT N v0 P` 0 100 200 300 400 Feet 1'= 321 feet co DUR RD 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 w (503)039.4171 w w MWANNAW.d.tigard.or.us Plot date: Feb 14. 7002; ClmaaleWA01C03.APR Community Development - .emu.; ; ~ .='vr:• r ~r;1 l~`° J MOWS Ttas;lwcoe- E4- _ l - a _ 777 2. -00006: ' ' : V1200 • PLANNjw 'GIN i'fl~ S 3RD -SH SETBAGR:: A~►?i: . ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION ~ L~ nS Property A dress/Location(s): J,S"jP-$ 51~ Oa-,L FOR STAFF USE ONLY Tax Map & Tax Lot #(s): 3 -5 0 c3 ~~~5TK617 Q Site Size: D O v?• Case No.: Applicant*: s 77, 7 Other Case No.(s): Address: D Receipt No.: o2do a- - City/State: tm_ _g_na art Zip: Primary Contact: -'7 Application Accepted By: Phone:SD3 -&c?- / j Fax: r1I q~~ Date: CJ Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Deterr mineTo Be Complete: Address: Phone: -1 City/State: Zip: Comp Plan/Zone Designation: * 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. The owner(s) CIT Area: must sign this application in the space provided on the back of this Recording Date and Number: form or submit a written authorization with this application. PROPOSAL SUMMARY Rev. 11/1/01 is\curpln\masters\revised\adjustment-1.doc The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS Special Adiustments: ♦ Adjustments to a Subdivision ' ♦ Reduction of Minimum Residential Density /Application Elements Submitted: ♦ Landscaping Adjustments - Existing/New Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length 0 App 11 cation Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ©/0Vvner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower Li Title Transfer Instrument.or Deed ♦ Washington Square Reg. Center Density Adjustments r Site/Plot Plan (6 copies) ' Please state the reason for the Adjustment request: WSite/Plot Plan (reduced 8'/:"x 11 Applicant's Statement ~ (Addressing Criteria Under Section 18.370.020) 6" r 4a 4,4&6 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 property. ♦ 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 Signatu e Owner's Signature Owner's Signature 2 Receipt 27200200000000000542 o p Date: 02/13/2002 Irs O T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due VAR2002-00006 (LANDLIS] ADJUSTMENT 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No. Confirm No. Amount Paid Check CHARLES W. MARSH 0 2051 0 $100.00 TOTAL AMOUNT PAID: $100.00 CHARLES W. MARSH 2051 15910 SW CENTURY OAK CIR. 07 TIGARD, OR 97224 Date 4.-7038/3230 ,OR / 2120 Pay to the order of o tars -8'• :~...a~ • Bank bffteric*a. Financial C nter 2120 Oregon For -AV ,t STATUTORY WARRANTY DEED • THIS SPACE RESERVED FOR RECORDE SE Grantor. Barbara Williams Geisler Trust Grantee: Charles W. Marsh Until a change is requested, all tax statements shall be sent to the following address: Charles W. Marsh Dixie Apperson-Marsh 15905 Oak Meadow Lane Tigard OR 97224 After Recording return to: Charles W. Marsh CERTI ED AS ATRUE I,OPY Dixie Apperson-Marsh I I $U9ANCE CAMPANY 15905 Oak Meadow Lane Tigard OR 97224 BY: \ n Escrow No. 765053 Title No. 765053 WILLIAM PAUL GEISLER, TRUSTEE OF THE WILLIAM PAUL GEISLER TRUST AND DAVID C. WILLIAMS, SUCCESSOR TRUSTEE OF THE BARBARA WILLIAMS GEISLER, TRUST, Grantor, conveys and warrants to CHARLES W. MARSH AND DIXIE APPERSON-MARSH, AS TENANTS IN COMMON, Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Washington County, Oregon, to wit: _ Lot 629, SUMMERFIELD NO. 11, in the City of Tigard, County of Washington, State of Oregon. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF . i 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 said property is free from encumbrances except: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, SET BACK LINES, POWERS OF SPECIAL DISTRICTS, AND EASEMENTS OF RECORD, IF ANY. The true consideration for this conveyance is $190,000.00. (Here comply with the requirements of ORS 93.030). Dated this 1- day of 2001. William Paul Geisler Trust William Paul Geister, Trustee Barba4illiamsGeislerTrust / r l ~ A'rAL FA P A ,J, ii f. r_ F. David C. Williams, Successor Trustee N^~nAi' P:10! IC•OREGON ...::.;,'"'.3.13,2004 State: OR County: Washington (Ir9~~G(C , 2001 by: The foregoing instrument was acknowledged before me this day of William Paul Geisler, Trustee of the William Paul Geisler,-Trust and David C. Williams, Successor Trustee of the Barbara Williams Geisler Trust Nota P blic y ommission Expires: ~G AL ALA OREGDN =PUB .337116 MY CG.13, 2004 ANCE COMPANY TICOR TITLE INSUR STATUTORY WARRANTY DEED (CLD4) PAGE 1 4X/~'l✓~ - s w i 416 -40 I Q Z I. 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