VAR2004-00067
EXHIBIT A
NOTICE OF TYPE I DECISION i
ADJUSTMENT (VAR) 2004.00067
CITY OF TIOARD
LIBBY REAR YARD SETBACK ADJUSTMENT Community Development
S(a ingABetterCommunity
120 DAYS = 12/11/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: LIBBY REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00067
PROPOSAL: The applicant has requested approval for an adjustment to the rear yard
setback to reduce the setback from 15 feet to 12 feet to accommodate
construction of a sunroom.
APPLICANT/
OWNER: Libby Family Trust
By Vesta J. Libby Trustee
10465 SW Highland Drive
Tigard, OR 97224
LOCATION: 10465 SW Highland Drive; WCTM 2S111CC, Tax Lot 11600.
COMPREHENSIVE
PLAN
DESIGNATION: R-7 (PD), Medium Density Residential, Planned Development
ZONING
DESIGNATION: R-7: Medium Density Residential District. The R-7 zoning district is
designed to accommodate attached single-family homes, detached
single-family homes with or without accessory residential units, at a
minimum lot size of 5000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivision are also
permitted outright. 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.
VAR2004-00067 LIBBY SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITIONS OF APPROVAL
1. Prior to the issuance of any building permits, the applicant must obtain approval for the
addition from the Tigard Building Division.
2. The rear yard setback can only be reduced by 20% to twelve feet.
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 reduce
the 15-foot rear yard setback by three (3) feet to construct a 168 square foot sunroom over
an existing concrete slab. The site is located within the Summerfield Planned Community of
1972. Per Tigard Ordinance 73-5 the Tigard City Council adopted reduced setbacks for
single family lots sized 50 feet by 80 feet. This site does not meet that dimension criteria, so
a setback adjustment is needed. The reduced rear yard setback for the eligible lots within the
community is eight feet, but the applicant is only asking for a reduction to 12 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 rear yard setback to allow the placement
of a sunroom within the required rear setback. The required rear yard setback is 15 feet. A
reduction of this setback may be allowed provided the following criteria are addressed. The
request is for a reduction of three feet; this reduction falls within the allowed limits.
A development Adjustment shall be granted if there is a demonstration of compliance
with all of the applicable standards:
VAR2004-00067 LIBBY SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
A demonstration that the Adjustment requested is the least required to achieve the
desired affect;
The adjustment is being requested to allow for placement of the proposed sunroom. This is
the minimum relief needed to allow placement of the desired addition. The reduction is less
than the 20%.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
There are a few trees located in the rear yard of the property. The sunroom will be
constructed on an existing concrete slab and will have no further impact on the trees. No
trees will be removed to construct the sunroom.
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.
The desired effect is to construct a sunroom on an existing slab. There is no other reasonable
alternative to reach the desired effect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
W-t e was mailed to the applicant and owners.
Final Decision:
setback TJustment 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 24, 2004
AND BECOMES EFFECTIVE ON AUGUST 25, 2004.
Questions:
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.
Q• August 24 2004
TPPROW-H) BY: CheryTCaines DATE
Planning Technician
VAR2004-00067 LIBBY SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE 1 DECISION
"R LADY MAR O~ CITY of - .
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Information on this map is for general location only and
should be verified with the Developnent Services Division.
13125 SIN Hall Blvd
Tigard, OR 97223
(503) 6394171
httpJAAww.ci.tigard.or.us
Community Development Plot date: Aug 24, 2004; C:\magic\MAGIC03.APR
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AFFIDAVIT OF MAILING CITY OFTIGARD
Community Deveropment
Shaping.A Better Community
1, Patricia L. Lu d being first duly sworn/affirm, on oath depose and say that I am a Senior~ministrative Specialist for
the City of 7igarW ashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
0 NOTICE OF DECISION FOR: VAR2004-00061/LIBBY REAR 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 Exhibit "B", and by reference made a part
hereof, on August 24, 2004, and deposited in the United States Mail on August 24, 2004, postage prepaid.
(P rs ha red No e
MTEoO~F C UGO-W
L'am' lW~Wqh*tm SS.
ard
Subscribed and sworn/affirmed before me on the day of d1CA Lfi~ , 2004.
OFFICIAL SEAL
SUE ROSS
NOTARY PUBLIC-OREGON
COMMISSION NO. 375152
MYCOMMISSION EXPIRES DEC. 1, 2007
Nhl om ission Expires: 7
ADJUSTMENT N~
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Prty Address/Location(s): s
o FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 2S I I 1 GG iW t I AD
Site Size: Case No.: zeyq-o06 7
Applicant`: S^ Other Case No.(s):
Address: O(
City/State: Zip: 611 Receipt No.: Zoo~l -3S 9
Primary Contact: ,-A M F_ Application Accepted By:
Phone: W _ .n Fax: Date:' nt7/j.j /DLI
Propert Owner/Deed Holder(s)": (Attach list if more than one)
Date Determined To Be Complete:
Address: Phone:
- -13-uy
.City/State: Zip: A ~11,
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. 2/26/2003 i:\curpln\mastersUevised\adjustment-t.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
Community Development Code (please circle,one only): REQUIRED SUBMITTAL ELEMENTS
>Development Adjustment - Front Yard. Interior Setbacks and Lot Coverage
>Special Adiustments: -1 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
t Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing lb/Title Transfer Instrument or Deed
Setback Adjustments - Setbacks to Reduce Tree Removal
♦ Wireless Communication Facility Adjustments - Distance From Another Tower ite/Plot Plan (8 ee9fe9 aep % (T• Washington Square Reg. Center Density Adjustments Site/Plot Plan (reduced 81/2"x 11")
Please state the reason for the Adjustment request: [Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
- tDo IT I,Qtr~ OF Q~ __n~ ❑ Filing Fee
V0V4 ran Jurisdiction: ❑ City ❑ Urb
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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 propert
k
♦ 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-Y
0
Applicant/Authorized Agent Signature wner's Signa e
Owner's Signature Owner's Signature
2
CITY OF TIGARD 8/13/2004
13125 SW Hall Blvd. 9:07:44AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000003589
Date: 08/13/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00067 [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 P*
Check ALDERCREST DEVPT. met 2256 In Person 217.00
Payment Total: $217.00
•
Page 1 of 1 cReceipt.rpt
Washln/ 1,ounty;Oregon 2002.132040
V 11108/2 01:22:03 PM
D-DW Cnte1 Wall T EAKIN
$5.00 $8.00 $11.00 $208.00 - Total=5228.00
After recording returh,to` (Name Adtties;`Zip) 00198918200201320400010014
_ Vesta J. Libb 1, Jerry Hanson, Director of Assessment and Taxation
and Ex-Olnclo County Clerk for Washington County,
104.65 SW HY----------------------
I bland Dr. doherebycsrtlrythatthewlthlnlnstrumentofwriting
I was received and recorded In thebo kofrecordsof ? i.
Ti and 97224 said county. nJ,ea„ .
Jerry R. Hanson, Director eessement and Taxation,
Ex-Offlclo County Clerk
c
UntII requested otherwise send all tax st2fenientsao:
(NameAddress%z!p_)_....~.
C5 _Vesta _J. _Libby, Trustee
_ 10465 SW Hhland_Drive_
_Tigard, OR 97224
SPACEABOVE RESERVED,'FOR RECORDER'S 08S . ' T,
E-WARRANTY DEED
(Individual Grantor)
Robert F. Ball, Trustee of Robert F. Ball Trust dated December 7, 1989, and Robert F. Ball, Trustee
rsJ of the Sophia J. Ball Trust dated December 7, 1989, as tenants in common, Grantor, conveys and
warrants to Vesta J. Libby, Trustee of the Libby Family Trust, dated May 1, 1993
Grantee, the following described real property free of encumbrances, except as specifically set forth
herein, situated in Washington County, State of Oregon, described as follows, to-wit:
Lot 167, SUMMERFIELD NO. 4, in the City of Tigard, County of Washington and State of Oregon.
The property is free from encumbrances, except (if none, so state): the statutory powers of Clean
Water Services, Easement of record, Covenants, Conditions an Restrictions of record; By-Laws of
record; Covenants, Conditions and Restrictions, levies and assessments of Summerfield Civic
Association
The true consideration for this conveyance is $205,500.00. (Here comply with requirements of ORS
93.030.)
Dated: October 9 2002
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION
OF APPLICABLE LAND USE LAWS AND REGUATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE
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 LAWSUITES
AGAINST FARMING OR FOREST PRACTICES IN ORS 30.930.
kobert F. Ball, Trustee and Individually 'To-p'fi J. Ball, T see and Individually
a
STATE OF OREGON }
}
County of Washington }
The foregoing instrument was acknowledged before me on this day of October,
2002 by Robert F. Ball, Trustee and Individually and SophiXJ. Ball, Trustee and Individually.
OFFICIAL SEAL N ry.Public in and f r the State of Oregon
LUANN LASSELLE M
i NOTARY PUBLIC-OREGON y commission expires:
UT
COMMISSION NO. 357013
/
MY COMMISSION EXPIRES JULY 14, 2006
WASHINGTON COUNTY
REAI,p PERTYTRANS
$ F E PALO DATE
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