VAR2003-00080
EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2003.00080
;CITY OF TIOARD;
COX REAR YARD SETBACK ADJUSTMENT Community Development
SkapingA Better Community
120 DAYS = 10/16/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: COX REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2003-00080
PROPOSAL: The applicant has requested an approval for an Adjustment to the rear yard
setback to reduce the setback from 15 feet to 12 feet to accommodate
construction.
APPLICANT/
OWNER: Carl Cox
13156 SW Winter Lake Court
Tigard, OR 97223
LOCATION: 13156 SW Winter Lake Court; WCTM 1 S133DB, Tax Lot 4800.
COMPREHENSIVE
PLAN
DESIGNATION: R-12, Medium-Density Residential.
ZONING
DESIGNATION: The R-12 zoning district is designed to accommodate a full range of
housing types at a minimum lot size of 3,050 square feet. A wide range of
civic and institutional uses are also permitted conditionally.
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, subject. to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section IV.
VAR2003-00080 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITION OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit to the Planning Department (Mathew c ei egger, 639-4171, ex t. or
review and approval:
1. Submit a plan that shows the location of all trees on-site and all trees located within 10
feet of the subject property. The plan must also address protection measures for trees
on and off-site that may be affected by the proposed construction.
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 bordered on two sides by single-family residences. The proposal is to intrude
into the 15-foot rear yard setback by 3 feet to accommodate construction of an addition to the
existing home.
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 rear yard setback to allow a family room
addition to the existing house. The required rear yard setback is 15 feet therefore, a 3-foot
reduction of this setback may be allowed provided the following criteria are addressed.
A develo ment 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 affect;
The adjustment is being requested to allow a family room to protrude into the rear yard
setback by 3 feet. According to the applicant this is he minimum relief needed to allow the
addition.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2003-00080 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
The applicant has indicated that all existing trees will be preserved. However, the site plan
submitted by the a plicant does not indicate the location of any trees on-site or adjacent to
the property. Therefore, the applicant is required to submit a plan that shows the location of
all trees on-site and all trees located within 10 feet of the subject property. The plan must
also address protection measures for trees on and off-site that may be affected by the
proposed construction.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment is requested in order to add a family room onto the rear of the home. Access
to the site will not be impeded. Therefore, emergency service can still access this dwelling
and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the size of the home, there are no other reasonable alternatives to the placement,
or-orientation of the family room that would achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria have not been satisfied.
CONDITION:Submit a plan that shows the location of all trees on-site and all trees located
within 10 feet of the subject property. The plan must also address protection
measures for trees on and off-site that may be affected by the proposed
construction.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
of-t`Ice was mailed to the applicant and owners.
Final Decision:
setback A TJustment 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 JUNE 25, 2003
AND BECOMES EFFECTIVE ON JUNE 26, 2003.
Questions:
you ou have any questions, please call the City of Tigand Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
June 25, 2003
PREPARED - MaflhqW Sc ei er DA
stant Planner
VAR2003-00080 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
W CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
VICINITY MAP
SW
BEARD ST VAR2003-00080
M COX REAR YARD
"WAY SETBACK ADJUSTMENT
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BRITTANY
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City of Tigard
information on this map is for general location only and
i should be verified with the Development Services Division.
LN w r~}~ III 13125 SW Hall Blvd
Q Q Tigard, OR 97223
a Q /--.1,FPARK LN (503)839-4171
V' ' ~~IS! ` hf1pJA~.ci.tigard.or.us
Community Development Plot date: Jun 25, 2003; C:\magic\MAGIC03.APR
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• • EXHIBIT
Carl Cox VAR2003-00080
13156 SW Winter Lake Court COX REAR YARD SETBACK ADJUSTMENT
Tigard, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community 'Development
SliapingA BetterCommunity
1, Tatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCTst for
the City of Tigard, Washington County, Oregon and that I served the following:
(Che(k ApproprWe Sox(s) Seim)
❑x NOTICE OF DECISION FOR: VAR2003-00080/COX REAR YARD SETBACK ADJUSTMENT
o AMENDED NOTICE (File NoJName Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exblbit"A and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Edibil l", and by reference made a part
hereof, on June 25, 2003, and deposited in the United States Mail on June 25, 2003, postage prepaid.
'4p Z4
( (P&_soPdbA Pre of e)
,ST,49E OF OREGON
County of Was ington ) ss.
City of Ward
Subscribed and sworn/affirmed before me on the _2:~;~'day o 2003.
OFFICIAL SEAL
JBENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007
MV Commission Expires: d
1 S 133DB-04800
COX CARL D &
BUCKLEY-COX JARE'
13156 SW WINTERLAKE CT
TIGARD, OR 97223
03/11/2003 10:23 FAX 503598196 CITY OF TIGARD 1?1002
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., 7rgaM OR 97223 (503) 6394171 FAX: (503) 684-7297
GENE AL INFORMATION
Property Address/Location(s): 12>15(o 5v,/
v► J FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): I
07' 7 (o,~, Y t fa ti SQu~ a-Q
Sjte Size: (,3 .l✓ts- Case No.: Cko aeo
Applicant*: lam, / (^,o-X Other Case No.(s):
Address: i I c5& 51J Qr((, &t iVe Receipt No.: 02 -3 - 253Q
City/State: Zip: !2ILZ _rLA a &-/J 11P Primary Contadt: L/ rmfi`_ Application Accepted By: I~-
Phone: 503-5z4- G~~ Fax: 603--57<J- X51
Date: 22
Pr pert Ow
f, are -Cox er/Deed Holder(s) : (Attach list if more-than one) Date Determined To Be Complete:
Address: V - Phone: !510- /
City/State: < :Zip: .24ZZ 3 -
Comp PI n/Zon Deslgnation:
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. 7/12/02 1:tcurpIn4rmtersVevisedtadlustment-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):
DDevelopment Adjusbnent- Front Yard. interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS
>Soaclal Adjustments:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density ✓ Application Elements Submitted:
• Landscaping Adjustments - Usting/New Str'e¢t Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length ❑ Application Form
♦ Parking Adjuntments - Reduction in Minimum Penang for Transit Improvements'FAsting Dev.
• Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Owner's Signature/Written Authorization
♦ Wireless Communication Facillty Adjustrents - Distance From Another Tower ❑ Title Transfer instrument or Deed
♦ Washington square Reg. Center Density Adjustments
❑ Site/Plot Plan (6 copies)
Please state the reason for the Adjustment request: ❑ Site/Plot Plan (reduced 8Y; x 11')
G 7PG t PA ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
❑ Filing Fee $205.00
1
03/11/2003 10:23 FAX 5035981960 CITY OF TIGARD 003
A
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
subiec,t gropeft.
• 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 467 day of Jk, M e , 200-2-
piican Authorized Agent Signature Owner's Signature
A 0 P-,6 L/
Owner's Signature Owns Signatur
2
1
CITY OF TIGARD 6/17/2003
13125 SW Hall Blvd. 12:19:56PM
Tigard, Oregon 97223
Mdwow (503) 639-4171
Receipt 27200300000000002530
Date: 06/17/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00080 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
Line Item Total: $205.00
Payments:
Method Payer User ED Acct./Check Approval No. How Received Amount Pal
Check SCOTTO BUILDING AND KJP 7722 In Person 205.00
DESIGN
Payment Total: $205.00
Sccu i t enha nccd d o c u men L Se back or de to its. Q - - - - -
SCOTTCO BUILDING.AND. DESIGN 7722
11640 SW 135TH,AVE
TIGARD, OR 97223
'l 90-78/1211
PH 524-6777 DATE -fL-~ /-7 -7 / y~ 153
PAY
TO HE C / ( $
ORDER OF
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9950 S.W. NMIBUS AVENUE
0010dume BEAVERTON, OREGON 97005
BANKKNEWESTn I--800488-2265
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Sent by: PACIFIC N W TITLE 503 643 6416; 06/16/0 2:32PM;Jgl&,&_#90; Page 2/2
STATE OF OnEQON
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WARRANTY DKBD ' STATWORY FORM
iINDIVIDnht, or CORPOflArrow)
BRADLEY n. SMITH and MAR1 A. JNITH, Ad tananta by 1,116 Ontirety
i
Oranr.or, canveyo and Warrnnre LO CARI, D. COX MD JANG UIICKLFIY•COX, NIISBIUID AND WIFR
Grantee, the following ctoarribad 1'dal In'upr.rry Eros oC ancumin'AUCeK nitnept aS Specifically
net torch horoin
9 IAt 76, BNITTANY SQUARR NO. C, In rlu ('try of Tigard. County of Wnuhingl:on and State of
1 Oroqun.
This inotruaent wial not allow use of the property described in this instrument in violation
of appliueble land use laws and regulations. Rotore signing or accepting this inatruaent,
the person acquirinW too tttli, to the property should chock with the appropriate city or
county plsaning daprrtscent to verify approved uses and to determine any limits on lawsuits
against farming or forest practiosm ao defined in ORS 30.930.
SNClIMBRANCKu ; .
M49H OF ASSRSSN614T OF UNIFIED Sewafihz hGENCY, SASKNF,NTti AS DEDICATED OR
DSLINUATED ON RRCORDKD PLAT FOR PUBLIC U'rIL[976Sr COVBNAFYI'S, CONDITIONS,
R8STRICTtONS R6CORI*D 6/7/1191 NSW TRUST DNO IN FAOVH OF MOR'rIiAGE MARKET
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The true cnna.lclerecion fur this conveyance In
5189,703.00! itT pAIO PATE
Dated Docelnher 1, 1997 if a Corporate grantor, is has c'auaat its name to be el nod by
Urder of a board of directors.
Oraltley n. - ith _ Marl Smith v -A
STATR OF QRRG(:N, County of _ Clackama _Ian.
This Instrument was acknowledged belor.a me on
by _ r_ dlY 0. Smith and Marl At ~rnihh______.~•
This inetrcment wan acknowledged before me on
by - - a a- . -
ot
Public for Oregon oPFIClAL/FJ1L
JAN DW
co~nmiealon ezplrea,~ „~-~Y/'~1, ~jttrr` - NOTARY
PUILLIIC-CANON
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MY eomm u*N if lp'Plifd APP. 14, Wd
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Applicant: Carl Cox
13156 SW Winter Lake Drive
Tigard, OR 97223
To: City of Tigard
13124 SW Hall Blvd
Tigard, OR 97223
Re: Type I Adjustment of rear setback at 13156 SW Winter Lake Drive
Applicant's Statement
The Applicant is requesting to reduce the rear set back of 15 feet by 20% to 12
feet. This request is necessary to accommodate a family room, home office and master
bathroom addition. The reduction in the rear set back is required to achieve the minimum
acceptable room width of the addition (approximately 1 1 feet). Because of the location of
the existing master bedroom and the necessary access to the addition no other location is
possible. The addition will preserve all existing trees and will not affect emergency
access to the site.
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