Loading...
VAR2003-00101 0 EXHIBIT NOTICE Of TYPE I DECISION SETBACK ADJUSTMENT (VAR) 2003-00101 CITY OF TIGARD' ommunity ECK REAR YARD SETBACK ADJUSTMENT ShaCping.A (Better Community 120 DAYS = 3/24/2004 SECTION I. APPLICATION SUMMARY FILE NAME: ECK SIDE YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2003-00101 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the minimum rear yard setback from 15 feet to 12 feet. The adjustment is requested to construct a house on an irregularly shaped lot. APPLICANT: Steven Eck OWNER: J&S Concrete, Inc. Eck Construction, Inc. PO Box 516 PO Box 204 Dundee, OR 97115 Sherwood, OR 97140 COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential. ZONING DESIGNATION: R-12: 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. LOCATION: 11765 SW 98th Avenue; WCTM 1S135CD, Temporary Tax Lot KE216 (Lot 16 of Kalamoiika Estates II). 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. The findings and conclusions on which the decision is based are noted in Section IV of this decision. NOTICE OF TYPE I DECISION VAR2003-00101/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 4 SECTION III. BACKGROUND INFORMATION Site History: The subject parcel is part of Kalamoiika Estates Number II, a platted subdivision. The subdivision was created in 2003 which redivided two larger parcels from Kalamoiika Estates Number I. The resulting division was reviewed and approved under the City's development code. Kalamoiika Number I, approved November 8, 2001, contained conditions that restricted access to SW 98th Avenue, as it was previously designated a "Minor Collector". When the Transportation System Plan was adopted in 2002, SW 98th was reclassified as a "Neighborhood Route". The subsequent subdivision review removed these access restrictions for SW 98th. No other specific conditions affect this particular proposal. The property is an interior lot. Vicinity Information: The property is located on the west side of SW 98th Avenue. Site Information and Proposal Description: The subject property is trapezoidal in shape and approximately 2,728 square feet in size. While the minimum lot size in this zone is 3,050 square feet, lots may be reduced to 80% of the minimum lot size, provided the other lots in the subdivision average out to the minimum requirement. The rear property line of the subject site runs at an approximate 30 degree angle from parallel in relation to the front property line. The resulting lot configuration is a rectangle with a truncated corner. The narrow lot width forces the garage up to the front, which is subject to a 20 foot nonadjustable setback. With the standard 15 foot rear yard setback the lot depth for the building footprint is 32 feet on the short side, and 57 feet on the longer side. The applicant is proposing a new single family residence which will in all other manners complies with the development standards of the zone. The applicant has requested the 3-foot reduction to the rear yard setback to accommodate a reasonable house footprint. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS RESIDENTIAL ZONING DISTRICTS (18.510): The development standards that affect this property are as shown below. TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD - R-12 Standard Proposed Minimum Lot Size - Detached unit (lots may be averaged to 80% of minimum) 3,050 sq. ft. 2,728 sq. ft. - Duplexes 6,100 s q. ft. Average Minimum Lot Width None N/A Maximum Lot Coverage 80% -60% Minimum Setbacks - Front yard 15 ft. 18 ft. - Side facing street on corner & through lots N/A N/A - Side yard 5 ft. 5 ft. - Rear yard 15 ft. 12* ft. - Side or rear yard abutting more restrictive zoning district N/A - Distance between property line and front of garage 20 ft. 20 ft. - Side Yard Setbacks for Flag Lots DC 18.420.050 A) 4 (e) * 10 ft. N/A Maximum Height 30 ft. Can be met Minimum Landscape Requirement 20% -40% * Adjustment required. NOTICE OF TYPE I DECISION VAR2003-001 01/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 4 • 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 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 adjustment is being requested to allow the structure to protrude into the rear yard setback by three feet. The lots were created through the Kalamoiika Estates Number II Subdivision SUB2003-00002. Based on the existing lot pattern from Kalamoiika Estates Number I, the rear yard of the subject site is oddly configured. To accommodate the density on the site and provide sufficient land area for a home site on the abutting triangular lot, the lot was also forced to be small. Because this lot is irregularly shaped and is of minimal size, this request is the minimum relief needed to allow placement of the home. 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 rear yard setback only. Emergency access from the street fronting the property will not be affected. Therefore, this criterion is satisfied. There is not a reasonable alternative to the adjustment, which achieves the desired effect. Because of the size of the lot and the odd configuration, there are no other reasonable alternatives to the placement or orientation of the home that would achieve the desired affect. SECTION V. PROCEDURE AND APPEAL INFORMATION A side yard 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 DECEMBER 2, 2003. THE EFFECTIVE DATE OF THIS DECISION SHALL BE DECEMBER 3, 2003. 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. NOTICE OF TYPE I DECISION VAR2003-001011ECK SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 4 Aou. December 2, 2003 PREPA D BY: Morgan Tracy DATE Associate Planner vezooe~04 L December 2, 2003 APPROVED BY: is and Beavers DATE Planning Manager is\curpln\morgan\workspace\var\var2003-00101 (eck ka1amoiika)\var2003-00101 decision.doc NOTICE OF TYPE I DECISION VAR2003-00101/ECK SIDE YARD SETBACK ADJUSTMENT PAGE 4 OF 4 VED F WAS P'ry SAL J ) LC OF TIGAFO PL"NING g)IVISIU CITY OF 7'leM)U .t~fViitl(~1(`3IL N DATE 2m'-m• PROIIRTY LINE 92.73' - - - IC > SILT 1 \ \ 2•CAR / / •mo FENCE \ I \ 6ARAOE \ \ IL \ \ I = 00 LOT/I~ $ \ 2,728 S.F. 1~ ~•m \ ]•eraxY I \ ONaLE FAMILY RESIDENCE te'-m• LINE 1 N 1 SIT PLAN L TA5/' SCALE V8"4-0" LOT LOT SIZE 2,128 $Q. FT LOT COVERAGE HOUSE PERIMETER WEAVE 1069 SQ FT COVERED PORCH 12 60 FT TOTAL LOT COVERAGE 1141 60 FT LOT COVERAGE 2,128 SQ. FTY106S 80 FT 3'Z% OCT 1 1 S135CD-1 1400 J & S CONCRETE INC EXHIBIT 18285 NE RIBBON RIDGE RD NEWBERG, OR 97132 STEVEN ECK ECK CONSTRUCTION, INC. PO Box 204 SHERWOOD, OR 97140 AS CONCRETE, INC. PO Box 516 DUNDEE, OR 97115 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sftaping,4 (Better Community 1, cTatricia L. Gu Q being first duly sworn/affirm, on oath depose and say that I am a Senior)fdminiwative Specialist for the City of7igarashington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) D NOTICEOF DECISION FOR: VAR2003-00101/ECK SIDE YARD SETBACK ADJUSTMENT C AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "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 Exhibit'B", and by reference made a part hereof, on December 2, 2003, and deposited in the United States Mail on December 2, 2003, postage prepaid. (Person tha reps Notice SVg2E OF MGON cqun ~ of ~ FFt~irrgton $S. ~g , City j Subscribed and sworn/affir ed before me on the day of , 2003. rr• OFFICIAL SEAL n J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 / MY Commission Expires: (a7 ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION Property Add /Location(s): &AA icJ 7"/Q~j EGG' FOR STAFF USE ONLY Tax ap & Tax Lot #(s Site Size: Case No.: V I~} aao3 ao 0 Applicant*: Other Case No.(s): Address: City/State: Zip; Receipt No.: Q 003 - y Oy Primary ontact: Application Accepted By: C Phone (,r,-1,7) Fax:~~f Date: Io -aq -03 Property Owner/Deed Hold (s)*: Attach list if more than one) Date Determined To Be Complete: Address: O 46' - Phone: ,r?td Den Res /P,-I. City/State: Zip: Z 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) must sign this application in the space provided on the back of this Rev. 2/28/2003 is\curpln\masters\revised\adjustment-1.doc form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the REQUIRED SUBMITTAL ELEMENTS Community Development Code (please circle one only): >Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage >Special Adjustments: ✓ Application Elements Submitted: ♦ Adjustments to a Subdivision Reduction of Minimum Residential Density Application Form ♦ Landscaping Adjustments - Existing/New Street Trees [Owner's Signature/Written Authorization ♦ Parking Adjustments - Reduction in Stacking Lane Length ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ICJ Title Transfer Instrument or Deed ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments - Distance From Another Tower Site/Plot Plan (6 copies) ♦ Washington Square Reg. Center Density Adjustments (fK Site/Plot Plan (reduced 8Y2'x 11") Please state the reason for the Adjustment request: [Applicant's Statement (Addressing Criteria Under Section 18.370.020) Adjustment requested for back of property line setback from Filing Fee $210.00 15 feet to 12 feet (a 2056 redtteti*. The diagonal eonfigmation of the back property line and the overall size of the lot does Jurisdiction: [;amity ❑ Urb not currently allow for a reasonable house plan layout. We have designed a finictioning house plan but need to r=ke an adjustment in the lot to accommodate it. NOTE: The surrounding properties are also owned by us. 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 o day of ~f7 20 Applicant/Authorized Agent Signature Own nature Owner's Signature O ner's Signature 2 CITY OF TIGARD 10/24/2003 13125 SW Hall Blvd. 8:45:26AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000004700 - Date: 10/24/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00101 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 Line Item Total: $210.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount P~ Check ECK CONSTRUCTION CAC 9360 In Person 210.00 Payment Total: $210.00 ECK CONSTRUCTION, INC.® 9 3 6 0 P.O. BOX 204 BANK9&WEST SHERWOOD,OR 97140 TUALATIN BRANCH (503) 625-1305 7925 SW NYBERG RD. TU -20-0) TUALA LATIN. OR 97082 /n (l 90-78 1211 PAY TO THE Q~ ORDER OF $ g DOLLARS s s s a - ~~a~~~ MEMO: SECURITY FEATURES UNCRO PRINT TOP d BOiTO%I BORDERS - COLORED PATTERN - ARTIFICIAL WATERMARK Oll REVERSE SIDE - MISSING FEATURE INDICATES A COPY Page I Of I cReceipt-rpt CITY OF TIGARD October 31, 2003 OREGON Steven Eck Eck Construction, Inc. PO Box 204 Sherwood, OR 97140 RE: Completeness Review-Setback Adjustment, Case File No. VAR2003-00101 Dear Mr. Eck: The City has received your application for Type I Setback Adjustment (SDR2003- 00101) to reduce the rear yard setback from 15 to 12 feet. Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 1. Completion of the Kalamoiika Estates Subdivision (SUB 2003-00003). The final mylars have not been signed and recorded, and therefore the site plan for the lot in question is inaccurate. Until the subdivision has been finalized this application cannot move forward. You .may either wait until such a time that this has been completed or withdraw this application and resubmit at a later date. Note that state law provides an applicant up to 180 days to make their application complete. Should you have any questions with regard to these items, please contact me at 503-639-4171. Sinc ly, ° Morgan Tracy Associate Planner c: VAR2003-00101 Land Use File is\curpln\morgan\workspace\var\var2003-00101 (eck ka1amoiika\var2003-00101 incomplete.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 LILT. 20.2003 3:34PM N0.672 P.1 . i • Ticor Title insurance 619 E Hancock St. Newberg, OR 97132 Phone: (503) 538-0656 Fax: (503) 538-0671 E-Mail: becWN19ortitle.ca _ FACSIMILE TRANSMITTAL COVER SHEET DATE: FAX NUMBER: FROM: TgACYBRCK (503) 538-0656 TOTAL PAGES SENT: COMMENTS/SPECIAL INSTRUCTIONS: - f/"" 4kw- 46AAh-Z -&z Ae~ G~ C. • • •~.av :::93 YZB 78Y1 TICOR PQRnAND NO. 672 W. 2c t, arm SWOaa M RiSOfI! sag Rt•r~ra►vu.Aaas+n 2=2-U3473 a i D eoaattea. tea. a11lt4ootat:tBOi'iA aar, abet t~► atwae naw Garr ni,pi au. •~.p~sn ' 11315 N.&, Aibban Bide Ad. milli cs~,edr . oa g~iaz 1 Oae4 a auattxa is lagaaseb all tax M~ ~a. ~ +naa~r stattws"O shill be out to tht Co41WLCR IBM ~+Mr• adttratal~r aMTrgML esOtov list t;ioq•4aa1om r prdek Net 333707 WWXAM li~aO2V7blALVMo r CPWGW ZCet? Mom am =mam. Who acgarsd title as favo o 0, YAM, Trustes, or ON tusaaaaara Ott tettst;, trader aba sarld LiViap ?tUr., dttad •n/aet 30, 1693, and air w"madmopts t7toteeto, a tsveawag: living F:vet 6ranssr, oonve" MW4 warrants to jr a 9 CONCRS'ttK, Ate. an Ost+fon aatyenck a Crantaa. tha 601X"09 6CAPO " Vaal wrOpaley Iran of onaftbaaseet wMayt is spsoi0itally at larch hateirr lCantitwedl Tila A"taotaOa esil not allot/ use of tba p apsm 4e8481b" is Wa inatesaaxn ba riolstias of 4yg1loW4A 1ted dta isve a" "fulations. stow #Lou" oe saaaptixe able tubsyaNe. Cba pseeea co"irias sea girls to eta Oseparty fb*p&e eteoa %dth the ep w"Tiata sitr at Cancer visa"" Ouper aatit to verify "Proved natig a" to Oerssel" asy licitff as laoeaits fesizAr tat or foreop puatioas aR Win" In ON 30.331. ' lNae (Coxtlw+ad) +QQ~6121' 1~1'T~ ntsa estie cgnxidaratiea for aria Co"yeftea to 2390,000.00 bated July le, 2002 ; it a aasyatata 41NAtar, it lea oapeed its "M 0G bsppaipnsd by agmtt at ita beard of directors. 9towan J. let . faun" i19lTR ps aRxuOW, County at tiatAJaftml lss. 11µe i ns wass0asekdnt d GEMS as ee .Atlt► 16y,! fnn~~ 'sMA foe>;sd"M w" aaRnoMJedgaa "foss me as b9 sa at pgAlia exfewtv*AFM press aRIgK~~F ~ t:gtxdetiae asp nv~u6Q u~s.+o ~nN • 0atat1sa0N 1~lae • w:iu`i~u 03 55 672 $`503 228 7821 TTCOR POmi~.eu1D P-3 Order Ito: 229707 _ zu" pot#=moW The guilowU* ftwortbod seal prOMM si.tusted ie the Cmmty of aapltinstos 4*4 state of Oregon, to witI jot 5, GR89a V3 z Rums MpDam, all OtIMM on ue duly recorded My sad plat thereof, BKCAPl M a portion of Lot 5, daverlbed as follwa: Hagiming at 4A iron pipe. njUd is= pips UEukiag the Rorthease comer of Wt, GUM MU" RR2=TB A=Tt=, situated its feceLon 3S, TewABhip 1 Sault, Range 1 Waat at the willmette t4sidisa, in the J. L. uicklin amatien Land maim xi%. 54. and running tlte=tce South 89056, Vert ai=q the Worth line of said Lot s a distean a o! 414.27 feet to an iron pipe set in the Northeasterly'righc of way lint: of the railway; thence eta a atteve to tAe left (tote long chord of which bears SoUtsh 17°97, gaat i distance of 99.83 feet) to iA iron pipe; thence Rereh 89455' Bast a aixtanee of 36S. P3 fret to 86 trait pipe; the said hell pipe marking the intersection of the saeterly be =l4suy line of Lot s, aforaWU4 and the Westerly right of way tine of CtabtZ*e Avaanej th=e* Worth 0.05, pear. along said right at my line of Crabtree J►venue a 410caasee of 68.00 Feet to the place of beginning. =503 218 7841 TICOR PORTLAND "D-672 P, a R004 noaeimw4 tlllllll* Tie 9w the fiscal yaw 2803-3003, a Ilea AQa an lot p.,K.. 2. !be Or"Ise• bagels 4*x an rir-Min 04 vAbjtet to do aa=tow Poore iooUd"s us paw" at s►srtssm"e Of sm ftidied 94vom • AYeflay, 3. saa rilheo of the pubUt in sad co cUt partivo at Wo vmsims he-a dewzibe4 lying vitblu the liaise of At Mu ILVMW.