VAR2004-00065 ' al
: EXHIBIT
NOTICE OF TYPE I DECISION
SETBACK ADJUSTMENT (VAR) 2004-00065
SANCHEZ SIDE YARD SETBACK ADJUSTMENT Community OF TIGARD
Oevefbpment
ShapingA Better Community
120 DAYS = 12/15/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: SANCHEZ SIDE YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2004-00065
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the side yard setback from 5 feet to 4 feet. The adjustment is
requested to allow a small storage lean-to to be placed in the side yard.
APPLICANT: J. Guadalupe Sanchez OWNERS: J. Guadalupe Sanchez
10000 SW Molly Court & Blanca e. Zavala
Tigard, OR 97223 10000 SW Molly Court
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential.
ZONING
DESIGNATION: R-4.5 (PD); 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.
LOCATION: 10000 SW Molly Court; WCTM 2S102BB, Tax Lot 02100.
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 VAR2004-00065/SANCHEZ SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site History.
The subject parcel is lot 2 of the Moore's Meadow Planned Development, approved July of
2002 (SUB2002-00004/PDR2002-00001). The house was constructed early in 2004.
While the property is subject to a Planned Development overlay, side yard setbacks were
not specifically established by the PD, nor do they deviate from the underlying zone, and
therefore may be regulated in the same manner as a regular subdivision.
Vicinity Information:
The property is ocated on SW Molly Court, on the north side of Grant Avenue.
Site Information and Proposal Description:
The 5,146 square foot property is rec angular in shape with the street frontage on a private
street. The house was constructed in 2004. Shortly after completion, the applicant
constructed a small addition on the side of the house in a small alcove. This structure
projects 1 foot into the side yard setback. The housing inspector discovered the error and
required the applicant apply for an adjustment.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
RESIDENTIAL ZONING DISTRICTS (18.510 :
The eve opmen s an ar s a a ec is property are modified through the Planned
Development Overlay, as shown below.
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD - R-4.5 Standard Proposed
Minimum Lot Size
- Detached unit 5,000 sq. ft. 5,146 sq. ft.
- Duplexes 10,000 s q. ft.
Average Minimum Lot Width
- Detached unit lots 50 ft. 50 ft.
- Duplex lots 90 ft.
Maximum Lot Coverage 80% 49%
Minimum Setbacks
- Front yard 12 ft. porches 27 ft.
15 ft. main house 29 ft.
- Side facing street on comer & through lots 10 ft. N/A
- Side yard 5 ft. 4 ft."
- Rear yard 15 ft. 15
- Side or rear yard abutting more restrictive zoning district 30 ft N/A
- Distance between property line and front of garage 20 ft. 22 ft.
- Side Yard Setbacks for Flag Lots [TDC 10 ft. N/A
18.420.050 A 4 e
Maximum Height 30 ft. 25 ft.
Minimum Landscape Requirement 20% 51%
* Adjustment required.
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
Section . . prove es a up o 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.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;
The applicant has requested a 20% reduction to the required 5-foot side yard setback.
This would reduce the setback from 5 feet to 4 feet. The "desired effect" is to create a
storage unit of adequate width to store a variety of outdoor furniture and play equipment
NOTICE OF TYPE I DECISION VAR2004-00065/SANCHEZ SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
during the winter. By meeting the setbacks or further reducing the width of the storage
structure, there would be insufficient room to place a door on the unit. The applicant's
request is the least required to achieve the desired effect without a complete redesign of
the structure.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are impacted by the proposal, the site contains one tree in the rear yard, which is
unaffected by this request. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site; and
The adjustment will affect the side yard setback. Emergency access is still provided
around both sides of the house in excess of 3 feet. Therefore, this criterion is satisfied.
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
To achieve the desired effect would require a complete redesign of the structure, or require
it to be relocated to the rear of the house. The rear of the house contains a number of
windows making placement against the house impractical in this location. Part of the
desired effect is to store the lawn furniture and play equipment out of sight in a structure
that is inconspicuous and integrated into the house architecturally. The applicant's
proposal is the only reasonable design that achieves this effect.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A rear 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 AUGUST 23, 2004,
AND BECOMES EFFECTIVE ON AUGUST 24, 2004.
Questions:
yoff-u have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
4", August 23, 2004
APPROV D BY: Morg n Tracy DATE
Associate Planner
iAcurpln\morgan\workspace\var and adj\var2004-00065 (sanchez)\var2004-00065 decision.doc
NOTICE OF TYPE I DECISION VAR2004-00065/SANCHEZ SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
1
CITY of TIGARD
- i GEOGRAPHIC INFORMATION SYSTEM
z ` YICIMMY MAP
VAR2004-00065
SANCHEZ SIDE YARD
SETBACK ADJUSTMEN
Q
w
C'~, cS'i0 6 ~
a~
RD
2i
eULLR1TT[p:~ P
QA; .
~
Al~
9EEF BE _RD , _ougftyG RD
Tigard Area Map
N
v T A\ 0 100 200 300 Feet
1'= 251 feet
P~ City of Tigard
Information on this map is for general location only and
shaed be verified with the Development Services Division.
13125 SW Hall Blvd
/ ! Tigard, 97223
/ ' (503) 63 639-4171
httpJAn .ci.tigard.or.us
Community Development Plot date: Aug 23, 2004; C:\magic\MAGIC03.APR
A. - . • •
SANCHEZ J GUADALUPE & EXHIBIT
ZAVALA BLANCA E
10000 SW MOLLY CT
TIGARD, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Sgapingff Better Community
I, Thtr=- f- Gu d being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministnativeSpecia&tfor
the City of 7igaashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
D NOTICE OF DECISION FOR: VAR2004-00065/SANCHEi SIDE YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File NoJName 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 Exhlblt"B", and by reference made a part
hereof, on August 23, 2004, and deposited in the United States Mail on August 23, 2004, postage prepaid.
(Person t t Prepared Not'
STM2 OAF OUGON
County tWas bWon ss
City Of 140d
Subscribed and sworn/affirmed before me on the rf day of Q , 2004.
OFFICIAL SEAL
SUE ROSS
NOTARY PUBLIC-OREGON
COMMISSION NO. 375152
MY COMMISSION EXPIRES DEC. 1, 2007
My Commis 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): 10000 SW - MW A C7\
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 25102 ZloO
vD4~
Site Size: j' `1 b s •E- Case No.: wo-r
Applicant': A Other Case No.(s):
Address: O Receipt No.: X11' 13602
City/State: V Zip: ZZ
Primary Cont t: L-i Application Accepted By: INY
Phone: o J l Fax:-P L$
Date:
Property Owner/Deed Holder(s)': (Attach list if more than one)
Air Date Determined To Be Complete:
Address: Phone: MIL011
City/State: Zip:
Comp Plan/Zone Designation:
` When the owner and the applicant are different people, the applicant R_
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\curplMmasterslrevisedladjustment•l.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
➢Soecial Adiustments: ✓ Application Elements Submitted:
# Adjustments to a Subdivision
# Reduction of Minimum Residential Density ED/AApplication Form
# Landscaping Adjustments - Existing/New Street Trees /OWnef'S Signature/Written Authorization
# Parking Adjustments - Reduction in Stacking Lane Length C~j Parking Adjustments - Reduction in Minimum Parking for Transit tmprovements/Existing Dev. Title Transfer Instrument or Deed
# Setback Adjustments - Setbacks to Reduce Tree Removal
# Wireless Communication Facility Adjustments - Distance From Another Tower 0~ ite/Plot Plan (6 copies)
# Washington Square Reg. Center Density Adjustments a,-Site/Plot Plan (reduced 8y1°x 11
Applicant's Statement
Please state he eason for e Adjustment request: 2"",
~r C t/ Q_ (Addressing Criteria Under Section 18.370.020)
Filing Fee An •
~/tJ ~ f''L¢P~.~ X S Jurisdiction: ity ❑ Urb
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.)
THEAPPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the
subiect 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 t- b\K day of '205
Applicant/Authorized Agent Signature Owner's Signature
~i
wner's Signature Owner's Signature
2
CITY OF TIGARD 8/13/2004
13125 SW Hall Blvd. 2:21:40PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000003602
Date: 08/13/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00065 [LANDUS] Development Adjust 100-0000-438000 217.00
Line Item Total: $217.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount Pnidb~
Cash LUPE SANCHEZ CAC In Person 217.00
Payment Total: $217.00
•
Page 1 of 1 cReceipt.rpt
I am requesting a one-foot only reduction of my property line set
back to accommodate a 5-foot by 9-foot storage room on the west
side of my house for the purpose of storing my children's outside
play toys, barbeque, outdoor furniture, etc. during the winter
months and when not in use. This will help to maintain the outside
beauty of my home and yard.
The adjustment will not impede adequate emergency access to the
site. Emergency access in not affected.
There is not a reasonable alternative to the adjustment which
achieves the desired effect. Of the solutions possible, this request,
if granted, asks for the least adjustment.
~ r xy ai L
r.
~w
ti ~ Ys
~ _ ;:1 ~ iF~r\. ~"v~ k.t" i`~r,~p~'NT ~"dp~~~4]•, .4t~r
x lir'7~ ..\C~ „ - "Y-~" yx~ ~ ~'1 •,-«i~ 'axi Af!N -t (~"S
kS...• ~,~yl~..~~i~i~~G-~~ ~'f''~'„. y .~j~&:•~' 3 r c~ ` +'}~`~t` .n
~ P f'h ,Y'a~' 4 ~ J t 'sa'X ~ - }T•"~J' iYV f{,`~ '„y.t'' j' . >5 .
:S rM a t, ..•t ~ ._e ',,sue. d a ~
~:11•^~ze• }.`v fat ~fa~~ ~ t. 4 i %txt~-` o h"'~` ~,"i5
^ ' act gi sM~,~, ~i4'E• i „ ~ tir ~ :i.P
r
I'll IR'r FIRM
15
3~ i ~S,i ~tiF~ ~ ~ a a ~ ~ ~ e~' \(L ?r~.,y t a.{1 A• ,
y~ l+Y t.r
t 1~.yjj a f .A a4A~ ~ak~ ~ 4
AL,
! cJ.51 A! ~ t. . A'
5~4A'q taw +Ar i~{~.' .y t.~'T~FGF'hr°~ y`~~~ ~`fe, ~X. n t
21~. : 'Ka.~Jt 1, L~~e~jFf%t•. .,,,~.~wr' y- i..t~~'~t'1" 4'%..y~' e J..
}~~y '4 A JY F~t2 13 + v„w.. 1r. 5_~`~.
1. ldy~&"'tti*~?.rtxt"w y"t k~':y p 21i31i+r
7~ 1~. s ~ ' 1 f ~Y I x•R r'~i ~ t ~t`d~ ~r'ia+r~' P x rft ,irij`~•'^N ~M ,~r ~r~
o.~-iu t,..,, cnx• F~f%ry } ~1~rs r 1,
"Jo MC ,•u i1 t n r r4,
4 .n y,>,"''.r""~ ..+Q 3ui~~} 1^}3,,.,.. `ti3ip ~ ~ ,~iry'fi SenFty't~ ,r , ~4f <
rl.•„ }E, ~i . ~ ~y~• y ` ra3~n".,,~" r ~ ti 't+vr4.,+~` x~. I,.~
"7 ate: 4
cna~t~i~t~s, „fi., ,~4~~,a• ~7<.'~~„~~ !~y'v4x~.~"' ~q 3 ~~..~~ve i,
yxr44 ~a` i~ c' ~«k" N~ a~ `;`tt"`Ety ~1e~.;k~ ~~i .i`ets~.'~~ ~ y;'.
'N""c ,~s~{Y n-f •SL ~'i `tA 'i~St:'4° y'es` dy.,~ `~`n e 1 d + `
z t 4 > > ~ $"n S" 3a" ~;u~ v .h rr4 t ~ ~
~~c'~"~~sx~`~ "'y~~,~~ k •s .xur~4x~" t~ t i p~ I
~ ~2 `~a~Yi'~, ~ ~ aw ,a~`* ~ ;r ~ i~,ti~k~ , cwt ~~,,-.'k.~'~r .sg,i~ '~tii i ,~~s 't` r;. a~:` •;a ~~5+~,
r~„ T~ t ~a~ m" c7. ~ s~vP ";a.4 'c, ~ w ~~",z`~t"i
s.• , <+~+".F;~4Y? .-,!''t3~ Jr { s i l r 1 .,q~ ~';X.s'`'`"~•5?'b.4y`.p g""' ~.;,i ts.t~q,:1v '"I;;r b'r
~~Ntrr
•;d,{I~ _ L, , i ,
: `tau - n 7 $ ""i~y?Ci+~t { >_s' '1- , wza. rt a s a _ {
r} y"i tit Sa fi`~ f k r ~y miltJ+.. -5 1~v~ a r
4 ~ 'k`_. 'f' f t. Ty R in •(~I 11 "t,r-~.~ya
~y ' A a ~,r• a t N~'>
9 LA ~~~-4 tie *~~•~~rty V{} ~~~z.x: ~~yk,e}~`.':``: t...
~~'~az..'~tt8t''. ~3M.+~j~ie3f.~..~`.{s~++' ,I~it~ i:~`+.r ~,..,.x c
N
' pS
" e k
u
a
~m
x
M111T
Muds !
" Front
e
t W, a
d`
S
1'„oo E. e d1 e
Molly.Ct. V,i M
1 0000 SW Rear