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VAR2004-00002 EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2004-00002 CITY OF TIGARD GREENBURG PINES LOT #3 Community Development FRONT YARD SETBACK ADJUSTMENT Shapin9A Better Community 120 DAYS = 5/26/2004 SECTION I. APPLICATION SUMMARY FILE NAME: GREENBURG PINES LOT #3 FRONT YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2004-00002 PROPOSAL: The applicant has requested a 25% adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet to accommodate construction. APPLICANT/ OWNER: Vista Northwest, Inc. Attn: Chris Christensen Box 91459 Portland, OR 97291 LOCATION: 9635 SW Pihas Street; WCTM 1 S135CD, Tax Lot 13200 (Lot 3 of the Greenburg Pines Subdivision). COMPREHENSIVE PLAN DESIGNATION: R-4.5, Low Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. 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. 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. VAR2004-00002 -SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION 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 all sides by single-family residences. The proposal is to intrude into the 20-foot front yard setback by 5 feet to accommodate a porch. The garage setback is proposed to remain at 20 feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 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 front yard setback to allow the placement of the house. The face of the garage setback is proposed to remain at 20 feet. The required front yard setback is 20 feet, therefore, a 5-foot reduction of this setback may be allowed provided the following criteria are addressed. 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 affect; The adjustment is being requested to allow a portion of the structure, specifically a porch to protrude into the front yard setback. According to the site plan, a 3-foot adjustment would be the minimum relief required to allow placement of the porch, while maintaining all other setbacks. According to the submitted site plan, the true setback to the porch is 17 feet rather than 15 feet on the site plan. The distance to the structure was not measured perpendicular to the front setback line on the site plan. The Adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present on this lot. As part of the subdivision approval, the applicant has proposed to plant mitigation trees on the lot, however, those trees will not be planted until the construction is completed and the landscaping is installed. This criterion is not applicable. VAR2004-00002 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. 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, and the desire for a large back yard, there are no other reasonable alternatives to the placement of the home that would achieve the desired affect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. This adjustment is granted and based on the site plan that was submitted. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: ootlce was mailed to the applicant and owners. Final Decision: 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 ON JANUARY 28, 2004 AND BECOMES EFFECTIVE ON JANUARY 29, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Halr Boulevard, Tigard, Oregon at (503) 639-4171. Janua 28 2004 PREPARED BY: Brad Kilby DATE Associate Planner 7rWj Janua 28 2004 APPROVE ewersdo DATE Planning Manager VAR2004-00002 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION Vista Northwest, Inc. EXHIBIT Attn: Chris Christensen VAR2004-00002 PO Box 91459 GREENBURG PINES SETBACK ADJUSTMENT Portland, OR 97291 4 • • AFFIDAVIT OF MAILING CITY OFTIGARD Community Oevefgment S(rapingg (BettcrCommuuity I, Patricia r- lu 4 being first duly sworn/affirm, on oath depose and say that I am a Senior)fdministnative Specialist for the City of 7igar askington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) 0 NOTICE OF DECISION FOR: VAR2004-00002/GREENBURG PINES LOT #3 FRONT YARD SETBACK ADJUSTMENT AMENDED NOTICE (File No./Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked EMhib-tt"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 January 28, 2004, and deposited in the United States Mail on JanUary 28, 2004, postage prepaid. (Person a rep red Notice) S%4`7E O(F OREGON Qqun City ~ j ~ Tj~inrgton ss ~g Subscribed and sworn/affir ed before me on the day of , 2004. OFFICIAL SEAL b BENGTSO NOTARY PUBLIC-OREGON ~ COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 NOTARY PUBLIC U"RIGUK My Commission Expires: 01%20 2tit' t ' v' t.~u2 ADJUSTMENT TYPE I APPLICATION CITY QF TIGARD 13125 SAN Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMA i tCA Pr perty AddresslLn(s): FOR STAFF USE ONLY Tax Map & Tax ._ot #(a)' i_5o Site Size: Cast: No.: 2 l~ -000 0 Z imp Other Case No,(s): 5-1 L -0,aovz. Applicants: V-Z Address. ~J.. - City/State: _ Zip: (Receipt No.: o (702;Z~ Primary Contact: Fax: Application Accepted By:~ Phone: ~5/•-°~ ~~7> 5 _ Date: l~a~v_y Property O n /Deed holder(s)": (AttSch list if snore than one) Date Determined To Be Complete: Address: Phone: - ,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 - T 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 i Rav. 22512003 i `.CUrplnlmostdrs~r0vlsedladjuetment•t.doc form or submit a written authorization with this application. L__ PROPOSAL SUMMARY The owners of record of the subject property request permission for an Administrative Adjustment to ti-,e following provision(s) of the Community Development Code (phrase circle one only): REQUIRED !!UBMITTAL ELEMENTS ➢Developme,+t Adjustment - From Yard, Intdnor Setbacks and Lot Coverage I ➢5io1 Adj jstment_s: V Application Elements Submitted- # Adjustments to a Subdlvislon I ♦ Reduction of Minimum Residential Dens! y ❑ Application Form ♦ Landscaping Adjustments - FxistigVNaw Street Trees i . ❑ Gwner,~ Signature/Written Authorization ♦ Parking Adjustments - Remi;,,ion in Stacking Lane Langtn 1 ♦ Pa;king Adjustments- Reouctlon In M16mum Parking fo. Transit Improvementslcx sting Dev, ~ ❑ Title Transfer Instrument or Deed ♦ SetbaJ Adjustments - Setbacks to keduce Tree Removal ij ♦ WlrelessGarnmunirationPAa ilifitAtIjustments-DistancoFromAnotherTcwof u site/Plot Plan (6 copies) ♦ Washington Square Reg. ranter CeasltyAdlustments _ i ❑ Site/Plot Plan (reduced 811)"x 11") Please state the reason for the Adjustment request: I Applicant's Statemeni (Adaressing Criteria Under Section 16.370.020) - - ❑ Filing Fee Jurisdiction. ❑ City ❑ Urb 1 01'20/2004 11:16 FAY 5035931960 CITY OF TIGARD 0003 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 prope ♦ 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 gaa~ .20 Applicant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 1/22/2004 13125 SW Hall Blvd. 10:17:22AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200400000000000228 Date: 01/22/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00002 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 VAR2004-00003 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 Line Item Total: $420.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Pai Check VISTA NORTHWEST INC KIP 5738 In Person 420.00 Payment Total: $420.00 VISTA NORTHWEST INC. 5738 P O BOX 91459 90-78/1211 PORTLAND, OREGON 97291-0459 DATE PAY TO THE f~ ORDEROF l 7 • t bct Ir M 17 Tanaubo-c Office ' 2495 NW TOWN CENTER DR. 0 BEAVERTON, OR 97006 BANK&WEST 1-800-488-2265 FOR nv Page 1 of 1 cReceipt.rpt VISTA NORTHWEST INC. ADJUSTMENT APPLICATION January 21, 2004 City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Adjustment for 9635 SW Pihas St. (Lot 3 Greenburg Pines) Dear Sirs: The applicant is seeking to amend the application for building permit on the above property: 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. We are requesting a 25 % reduction to the 20 foot front yard setback in the R-4.5 zoning district, thereby allowing for the front of the home (not garage) to be within 15 feet of the front lot line. Approval Criteria: a. A demonstration that the adjustment requested is the least required to achieve the desired affect; Lot 3 of Greenburg Pines is unique in its dimensions, with a large side lot dimension, and a relatively small front-to-back dimension. In designing a home for the house, we decided that a front porch would mitigate the "snout" affect. The five foot adjustment will allow us to have the porch (not garage) inside the 20 foot setback (to 15 feet) and still maintain a barely adequate 22 foot rear yard. 0 b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees in the development area. P.O. Box'91459 • Portland, Oregon 97291 • Phone 503-531-0505 • Fax 503-645-2714 • CCB#75507 c. The adjustment will not impede adequate emergency access to or throughout the site; The adjustment will not impede or have any impact on emergency access to or throughout the site. d. There is not a reasonable alternative to the adjustment which achieves the desired affect; There is not a reasonable alternative to the requested adjustment, and still maintain a desirable building pad, and have a very minimum 22 foot rear setback. This is specifically due to the existing site dimensions and limited lot depths. We believe that this will allow the house to be built without the "snout" affect of a prominent garage. Pleas call us if you have any questions regarding this application. Yours y, Chris Christensen Vista Northwest, Inc. t L a 7 3 Gua~/e~/mss s- ~I3 Fv dHV 77.95 5' PSDE v c3'. ` 8•• P r4L4* C Z~,LZ,~ ~ /8/x~ Sy SLR'rACE = ! gOr9,Sf ~SGt~SF /AhPf./LIJ/bfJS 38~n