VAR2004-00003
• EXHIE31TA
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004-00003
CITY OF TIGARD
GREENBURG PINES LOT #4 Community(Development
FRONT YARD SETBACK ADJUSTMENT ShapingA Better Community
120 DAYS = 5/26/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: GREENBURG PINES LOTI FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00003
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: 9670 SW Pihas Street; WCTM 1 S135CD, Tax Lot 13300.
(Lot 4 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.
VAR2004-00003 -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
would 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 will 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. The lot is an irregularly shaped lot with frontage on both
a public and private street. The 5-foot adjustment is the minimum relief required to allow
placement of the porch, while maintaining all other setbacks.
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.
The Adjustment will not impede adequate emergency access to the site;
VAR2004-00002 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
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.
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 shape of this lot, 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.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
A 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:
I you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
Janua 28 2004
PREPARED BY: Brad Kilby DA
Associate Planner
Janua 28 2004
APPROVED BY: - Dick Bewers rff DA
Planning Ma ager
VAR2004-00003 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
EXHIBIT
Vista Northwest, Inc.
Attn: Chris Christensen VAR2004-00003
PO Box 91459 GREENBURG PINES SETBACK ADJUSTMENT
Portland, OR 97291
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDcuefopment.
S6apinD fl (Better Coin in it nity
I, Tatricr'a L. Lu being first duly sworn/affirm, on oath depose and say that I am a Seniorfldministrative Specia&t for
the City of 7igarashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑x NOTICE OF DECISION FOR: VAR2004-00003/GREENBURG PINES LOT #4 FRONT YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit'W, 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.
(Per at Prep re otice)
S"I OMIGON
AF City o?" and SS
Subscribed and sworn/affir ed before me on the day of ~ K_V~ , 2004.
OFFICIAL SEAL
J BENGTSON
NOTARY PUBLIC-OREGON
It'
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007
N~AIHY FURUC41' UREGU
W Commission Expires:12,7h -7
ADJUSTMENT
TYPE I APPLICATION.
CITY OF TIGARD 13125 SW Hall Blvd., Trgard, OR 97223 (503) 639-4171 FAX.- (503) 6847297
GENERAL INFORMATION
Property Address/Location(s):,-
AC2:2-_ FOR STAFF USE ONLY
Tax Map & Tax _ot
57-3 7~:5 - l 3 o0 -
Site Size: Case No.:- VL& Z-)oy -oo oo 3
Applicant=: !27J~1 S'~✓N~ Other Case No.(s):
Address: ~6,
I Receipt No.~a `f (JCS ZZ
City/State: , 6Zip:
Primary Contact ✓C Application Accep ed y'
Phone: Fax:
~y~- a 7/ 5~ Date:
Property o r eeedd Kolder(s)*: (Attach list if more than one)
Date Determined o Be C mp ete:
Address; ~ Phone:
k!
ity/State: Zip:
C
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 I Rav.2/28/2DO3 i;kurplnlmastorstrevisedl3ojuevnent•l.doo
form or submit a written authorization with thi3 application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an -
Administrative Adjustment to trE following provision(s) of the REQUIRED SUBMITTAL ELEMENTS
Community Development Code (ploase circle one only):
>Developrnw-t Adjustment - From YaM. Intei,or SetbwAs and Lot Coverage
>s2g$iAlAdijslr" t4 ✓ Application Elements Submitted-
# Adjustments to a Subd:vlslon
♦ Reduction of Minimum Residentia! Density Cl Application Form
♦ LandV_aplny Adjuetments - Fxistino(New Street Trees ❑ Owner's Signature/Written Authorization
♦ Parking Adjuatmsn%- Reou:jon in Stocking Lens Length
♦ Perking Adjustments- Reduction In Wornim Parking foi Transit Improvements/FNISting Dev. ❑ Title Transfer instrument or Deed
♦ SetbsU: Adjustma'als - ScWcks to keduee Tree Removal i
♦ WlreleasC:ornmunicatianFeilityAdjustments - Distanote From Another Towcu 13ite/Plot Plan (6 copies)
♦ Washington Square Reg` renter Density Adlustmen%
❑ Site/Plot Plan (reduced t3/z x 11)
Please state the reason for the Adjustment request: eOZ7 ~ Applicant's Statement `
(Adartassing Criteria Under Section 18.370.020)
_ ❑ Filing Fee
- Jurisdiction: ❑ City ❑ Ur•b
1
Vii LU/luva 11:10 rA-~ -5UJOaalauU (;i'fl Ur' TiQA" iM003
APPL.YCANTS:
To consider an application complete, you will need to submit ALL of the REQUIBED SUBMITTAL gLEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
i - - -
(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 properkvs
♦ 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 , 204-.1:;2'e
Applicant/Authorized Agent Signature Owner' 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 ED Acct./Check Approval No. How Received Amount Paiff-
Check VISTA NORTHWEST INC KJP 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 TOTES
ORDER OF l •
T.nmbou Of " .
2495 NW TOWN CENTER DR.
e BEAVERTON, OR 97006
BANKI&WEST 1-800488-2265
FOR aA
o wuau+0 moo
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 9670 SW Pihas St. (Lot 4 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 4 of Greenburg Pines is unique in its dimensions, and has an
"island" affect to it. 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 the 15 foot required rear
yard.
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 • CCM75507
•
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 the required 15 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 truly,
Chris stensen
Vista Northwest, Inc.
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