VAR2004-00008
EXHIBIT
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2004.00008
CITY OF TIGARD
HAACK FRONT YARD SETBACK ADJUSTMENT Community Development
ShapingA BettcrCommuni
120 DAYS = 6/22/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: HAACK FRONT YARD SETBACK ADJUSTMENT
CASE NO: Development Adjustment (VAR) VAR2004-00008
PROPOSAL: The applicant has requested approval for an Adjustment to the front yard
setback to reduce the setback from 20 feet to 15 feet to accommodate the
construction of a front porch.
APPLICANT: RAR Architects, Inc. OWNER: William & Michelle Haack
Attn: Silvia Marquart 9585 SW 69th Avenue
34 NW First Avenue, Suite 206 Tigard, OR 97223
Portland, OR 97209
LOCATION: 9585 SW 69th Avenue; WCTM 1S125DA, Tax Lot 6800.
ZONING AND
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: 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.
NOTICE OF TYPE I DECISION VAR2004-00008- HAACK FRONT YARD SETBACK ADJUSTMENT PAGE 1 OF 3
CONDITIONS OF APPROVAL
There are no conditions of approval associated with this decision.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site History:
The subject site is lot 55 of the Kings View Subdivision. No other land-use cases are
associated with this parcel.
Site Information and Proposal Description:
The applicant has requested an adjustment to the front yard setback to reduce the setback
from 20 feet to 15 feet to accommodate the construction of a front porch on lot 55 of the Kings
View Subdivision.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENTS:
Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional
standards for the front yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.B.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;
According to the applicant, the adjustment is needed to construct a covered front porch to
provide weather protection to the front of the existing house, which is currently exposed to all
elements. Therefore, a front yard adjustment would be the least needed to achieve the
desired effect, "to provide weather protection for the owners while entering the home." The
habitable portion of the main residence is located 25 feet from the front property line, which is
five feet greater than the minimum setback. This criterion 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 front yard setback adjustment. Access to the home will remain
unchanged. Therefore, emergency access to the site will not be impeded.
NOTICE OF TYPE I DECISION VAR2004-00008- HAACK FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
The desired effect is to provide weather protection at the front of the existing home. There is
no reasonable alternative to the adjustment. Therefore, the impacts of the requested
adjustment would be minimal compared to the benefit to the homeowners.
FINDING: Based on the analysis above, Staff finds that the development adjustment
criteria are satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A front 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 ON FEBRUARY 26, 2004
AND BECOMES EFFECTIVE ON FEBRUARY 27, 2004.
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.
« February 26, 2004
PREP E BY: athew S 'degger DATE
Associate Planner
NOTICE OF TYPE I DECISION VAR2004-00008- HAACK FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3
YPT MAS Z ELLICOTT -
FD. I' I.P.
I.0' BURIED
(HELD) 0
LAND, OREGON
OF
q'1
qq.
FD. I.P., 0.3' BURIED
(HELD)
~l
F). 1' LP.
ON N.W. SIDE OF 28' Mcb,
ORIOW UNKNOWN
S5952'00'W 4.97
' FD. J/4' LP.
O.J' BURIED
(HELD)
Sf.-1R5 .
MONUMENT
, %
FOUND
iy ( om
F4CPC4ED ~ / I
~p J lgEA
Ela',T. BLDG.
OALL
n.C., I. 4 r"Ji. jfJ V
NO MONUMENT / V
FOUND .
0.5' BURIED ,
SITE PLAN
A) SCALE : 1/40" = P-011 401-X-5ITE
02/23/04 HAACK RESIDENCE
9585 SW 69TH AVE. ]BAR 34 N.W. FIRST AVENUE
Al TIGARD, OR, 97223 ARCHITECTS PORTwND OREGON
OWNER: 97209
SHELLY AND WILLIAM HAACK INCORPORATED (503) 225-9095
CITY of
a
GEOGRAPHIC INFORMATION SYSTEM
7 1: 1
VICINITY MAID
SWKill NGSVI VAR2004-00008
CT
HAACK SETBACK
WALNUT TERR ADJUSTMENT
• Q
-9~
LN
SHAD
v;
~ ~ _ A ORS FER
LOLA LN QJ~ ALFRED ST
~ H4 ~ l
EE
m.
\BULLYTY1p1 y
Q aOZR
RBARA GEEF DEW RO' Q/2HpAI 7p
LN N TU RA G-( Tigard Area Map
N
m
Z 0 100 200 300 400 Feel
DR 1-= 316 feet
cr ~
City of Tigard
V NTU Iv'1 Information on this map is for general location only and
should be verified with the Development Services Division.
VENTU RA 13125 SW Han Blvd
Tigard, OR 97223
(503) 6394171
httpJhvww.ci.tgard.or. us
Community Development Plot date: Feb 26, 2004; C:\magic\MAGIC03.APR
EXHIBIT
William and Michelle Haack VAR2004-00008
9585 SW 69th Avenue
Tigard, OR 97223 HAACK SETBACK ADJUSTMENT
RAR Architects, Inc.
Attn: Silvia Marquart
34 NW First Avenue, Suite 206
Portland, OR 97209
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Sficrpingfl (Better Community
1, (Patricia L. Lu Q being first duly sworn/affirm, on oath depose and say that I am a SeniorA.dminir&ative Specialist for
the City of7igar asFiington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
E 0 NOTICE OF DECISION FOR: VAR2004-00008/HAA(K 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 February 26, 2004, and deposited in the United States Mail on February 26, 2004, postage prepaid.
h rep d Noti )
(PerskrI1
S T,v OF OUGON
C t~► of jj~exegtoa u
City ~J `lg ard
Subscribed and sworn/ aff' med before me on the day of , 2004.
X, • OFFICIAL SEAL
sl ib J BENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007 '
My Commission Expires:
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): ~6S :5 LO 69 Cl V e
Fi p,rd Ord- FOR STAFF USE ONLY
Tax M' & Tax Lot #(s): l-o4 5 - " j e oca
SeCA;-O., -25 15125 CA - O oo
Site Size: 100 x moo = a01 Cx)o tg - .415 -7cz ac,re5 Case No.: VAS aoo+ coooO
Applicant*: `5 i 1 v ; a Ma rq u a r } - ._RA R CA rc k', ec ore Other Case No.(s):
Address: 3'-1 pi w ~7', • st ve . -t:l'- QoCn
Po r 3 lar -l J~`i Receipt No.: o~ t7dy 01008
City/State: c39- Zip: '9
Primary Contact: S I vi c, mar oars Application Accepted By:C. ~uw~ed
Phone: s v3 - 5 -°I o `Y S Fax: 5~3 -ate S - IO
Date: o
Property Owner/Deed Holder(s)*: (Attach list if more than one)
W , 11 i a, IA . af M ' c-h •e-1 1 e IQ; N A 0. ~ k Date Determined To Be Complete:
Address: 01 S 8 5 ` (oil+" 6i ue Phone:5-IG -446a - S53 City/State: T; 4 a v-A o F~ Zip:
1 Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant Lbta IQs y .S
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. 212812003 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. 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 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)
Filing Fee $210.00
Jurisdiction: ❑ City ❑ Urb
1
0 •
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 e- r tJ 20
Applicant/Authorized Agent Signature Owner's Signatu i~le q`'x"4
Owner's Signature Owner's Signat c ~;1 1 i ~ ~ ~ • ~~C~
2
CITY OF TIGARD 2/23/2004
13125 SW Hall Blvd. 12:18:45PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000000688
Date: 02/23/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00008 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $210.00
Payments:
Method Payer User II) Acct./Check Approval No. How Received Amount P*
Check MICHELLE HAACK CAC 2040 In Person 210.00
- Payment Total: $210.00
~,_=1== =
Ere
V11CKiE~CE=Itf HAAACK = "
;<=~--=~st~u~~V~~TFI-1?fi 503.-452-8536 ~ --~-•^'~-421
the t' - -z
f 1:' ~ j y~`~~ ~j~C- 1 fy1"T'r + a~a~y~- F~`"~~~."'.~~.
Page 1 of 1 cReceipt.rpt
02/20/04 15:35 FAX 503 290 5 5 STEWART TITLE/CUST SERVI• Q003/003
# *W l77-1j
Te1e Order tlo. 001/4177
J Eulvw Na Q0111177 STATE OF OREGON g8
comfy otw..hiiWony
Aa,~te.ooaataa Realm Ta 1..iarry }Auld,' of C
Wllllmt H. Hoek Cmentt for that
9313 SW ~1 Avonuo
the
Tlgard, OR 977.23 Will cold
1krt1 P dWo tt v9VO a all to nrahmmm WW to um m
dke Ibllower<<addlm
William H. Huck ~m. of
9SIS SW 69ti Avenue ~C auk Ex-
Tlgatd.OR 97?21
IMC 1 2000015290
Ret:tt 256295 201.00
06i0eia000 02.45154pa
STATUTORY WARkAWY DEED
Gregory P. Thornton and Rhonda L. Thornton, Gnotor, conveys and warrenu to William H. Haack and Michelle N, duct,
u Tenants by the End", Grantee, the following deserlbcd real ism" hoe of tamusibrances, c ucapt a specifluuy so
fare homin situated in WuhIngton County, Oresm>, to wit:
La Ss. KINGS VIEW. Waddoglon Cmmgr, tAcjm
This property is five fFom mcumhtane m EXCEPT. all items remaining orreeord.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
YIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING 7HIS
INSTRUMENT, I TIE 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 true wmidetodw lbr this convey= is S17E,600.00. (Hera comply with the mquiremrnes orORS 93.030)
Dated this day or]une. 00.
Gregory P. lb(ujye6a Rhmda L 71ttllemn
1wASMINGTON t~otnlrr
• Ines wlravlprrr rllttrs~ES rAx
STATE OF OREGON • O D
County of wuhhom ss Pelt /MIp MTE
On this day of June, 00, before me. the undenlgned, personalty appeared the within named Gregory P. Thonrton and
Rhonda. I_ Thornton known to me to be dm identical individuals who executed the within ' meat and acknowledged to
me that they executed the same finely and voluntarily.
G Afi,
(I}l N Public: Ibr Una 5 of t7rcgaw
fJl My eammissinn tutpiKS:
1 UI , .CIA( Sn Al
YANARA L S7EMN
NOIM' NLIU GNf ff1N
r~rwaS~`'tiS.
wrQArr
02/20/2004 03:33PM
RAR
ARCHITECTS
INCORPORATED
City of Tigard -
Planning Department
13125 SW Hall Blvd
Tigard, OR, 97223
ti~~ i Y O.• i ~t'.t~,1~~ ,
February 23, 2004:.:'.
Dear Sir or Madam:
The purpose of this house addition is to provide weather protection to the front of the house,
which currently is exposed to all weather conditions.
The existing house has a 25'-0" front yard setback on a zoning permitting a max. of 20'-0" front
setback. We are requesting and addition of 5'-0" to the permitted setback, which represents a
25% reduction of the dimensional front yard standard.
The existing drive way will remain and be improved by the new porch connecting it to the house
entrance. No access will be blocked. by the proposed addition. No trees will be removed from the
site.
Sincerely,
RAR ARCHITECTS INCORPORATED
Tom Ellicott
President
0407-250-01
34 NW FIRST AVENUE, SUITE 206, PORTLAND, OREGON 97209 (503) 225-9095 FAX (503) 225-9120
,
A`~ .tom
T MAS Z ELLICOTT C~
FD. I' I.P.
I.0' BURIED
(HELD) ~
j/ (])P LAND, OREGON
/Al
OF Ogg
91 s
9°j
aq9 ,
FD. I.P., 0.3' BURIED
J
FD. 1• I.P. \
ON N.W. SIDE OF 28• FIRcb,
ORIGIN UNKNONN
55952'DO•W 1.97 , LOT 5 \l
FD. 3/1' LP.
\ Ol BURIED
/ \ (HELD)
SEWS
NO MONUMENT
FOUND j
/ 4acPrseo ~ ` /
ccrAgaA
s. \
EOST. BLDG.
% c.F; A.C.
/ \ /\~ri'•IH ~ /
114
r
'LOX': WALL
No MONUMENT {l{/ / C
FOUND
FD. 1' LP. ~ ~ ' ' • ~ •
/
ON BURIED ,
(HELD) '
SITE PLAN
A~ SCALE : 1/40" = I'-011 401-X-SITE
02/23/04 HAACK RESIDENCE
9585 SW 69TH AVE. ]BAR 34 N.W. FIRST AVENUE
TIGARD, OR, 97223 ARCHITECTS PORTLAND OREGON
OWNER: 97209
SHELLY AND WILLIAM HAACK INCORPORATED (503) 225-9095
V/41I~ 2,00 L
--0000 g-
TH AS Z ELL ' TT C~
y
.~~PORT ND, OREGON
OF 0
'RAR
FD. 1" I.P. ARCHITECTS
1.0' BURIED INCORPORATED
(HELD)
34 N.W. FIRST AVENUE
Portland, Oregon 97209
P~ (503) 225-9095
Q~'
o~ O~
'.o°'
~~1
a`~
s Q0~9
a``
a'` ~~F
FD. I.P., 0.3' BURIED ~9 9~~
(HELD) ~~J
FD. 1° I.P. ~o
ON N.W. SIDE OF 28" FIR 0 oo,
ORIGIN UNKNOWN
S59'S2'00°W 4.97'
i ~ 1~ I
11
ti moo. 5
J
r/.
F
f t
- l
~r
~~1.
g
M ti SITE PLAN
. .
. _ • O Pv 1
~C•
~ o - o~
~ r
.
8 BLOCK WALL -.a o t~. 3f
~ ~ PIKE revisions:
s o Fd
~ t~.
.S>~ NO MONUMENT
FOUND f
..........A,. date: 02/20/04
FD.1 LP. P
0.5 BURIED -r
HELD
-
i f
0
i
,i
z SITE PLAN
L3188-I