VAR2004-00087
EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004.00087
CITY OF TIOARD
LEISER PARK LOT #4 Community (Development
Shaping ,q Better Community
SIDE YARD SETBACK ADJUSTMENT
120 DAYS = 3/1012004
SECTION I. APPLICATION SUMMARY
FILE NAME: LEISER PARK SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00087
PROPOSAL: The applicant has requested a 20% adjustment to the side yard setback to
reduce the setback from 15 feet to 12 feet on Lot 4 of the Leiser Park
Subdivision (SUB2002-00010) feet to accommodate construction.
APPLICANT/
OWNER: Legend Homes
Attn: Steve Lucas
12755 SW 69th Avenue, Suite 100
Portland, OR 97223
LOCATION: 8036 SW Leiser Lane; WCTM 2S1 1213C, Tax Lot 13500 (Lot 4 of the
Leiser Park 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.
VAR2004-00087 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITION OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Leiser Park Subdivision (SUB2002-00010).
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 on a corner lot which is located south of Leiser Lane and west of 80tn
Avenue. The proposal is to reduce the 15-foot side yard setback by 3 feet, while maintaining
all other setbacks.
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 reduce the side yard setback by 3 feet to allow
the placement of the house. The required side yard setback for side facing street on corner &
through lots are 15 feet, therefore, up to a 3-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 to protrude into the side
yard setback by 3 feet. According to the applicant this is the minimum relief needed for
construction which would allow them to maintain a product mix that will enhance the
subdivision.
VAR2004-00087 -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;
According to the applicant, the adjustment would not adversely affect any trees on site.
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 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:
o1~Tt ce 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 NOVEMBER 15, 2004
AND BECOMES EFFECTIVE ON NOVEMBER 16, 2004.
Questions:
yff-ou have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
November 15, 2004
PREVARED BY: ristie eerman DATE
Planning Technician
VAR2004-00087 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
FIL OT . FLANO • 10/18/04
LOT *14 L E ISER FARE.
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12733 Sr 89th AVE. OFFICE (803) 020-8080 COMMUNITY ER0510N PLAN
suITE 100 FAR (803) 398-8900 FIRE HYDRANT
PORTLAND, OR. 97223 CC1B/ 00883
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VAR2004-00081
LEISER PARK
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ESE LP ADJUSTMENT
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ATH E W P Information on this map is for general location Only and
should be verified with the Development Services Division.
13125 SW Hail Blvd
Tigard, OR 97223
(503) 639-4171
M _ http:/Mww.a.tigard.or.us
Community Development Plot date: Nov 15, 2004; CAmagic\MAGIC03.APR
Legend Homes EXHIBIT
Attn: Steve Lucas
12755 SW 69th Avenue, Suite 100
Portland, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Shapingf! Better Community
I, TatriciaG Lu d being first duly sworn/affirm, on oath depose and say that I am a Senior)[6mbdr&ativeSpecia&tfor
the City of 7igarashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑X NOTICE OF DECISION FOR: VAR2004-00081/LEISER PARK LOT 4 SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name 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 November 15,2004, and deposited in the United States Mail on November 15,2004, postage prepaid.
(Person tha repared Notic
MTrv 0T 0Wg0W ounty CC ty o T and jt~gton ss
Subscribed and sworn/affirmed before me on the day of _r4 rD-r1ti~ , 2004.
OFFICIAL SEAL
SUE ROSS NOT y NOTARY PUBLIC-OREGON
COMMISSION NO.375152 Mil =YBLIC
ssion Expires: 1o o t ' ac1
MY COMMISSION EXPIRES DEC. 1, 2007
11/04/2004 11:25 FAX 5035981960 CITY OF TIGARD IM 002
ADJUSTMENT
TYPE [APPLICATION
CITY;bt =TI~AItD 13125 SW Hall Blvd.,' ruard, OR '87223 (603) 639-4171 FAX (503) 684-7297
QENEM INFORMATION
Property Address/Location(s): 'BOS6 Sta Lz%sM LANe
LF►bt~ "PAV-4c- t-oT VV-4 )fit STAFF USE ONLY
Tax Map & Tax Lot #(s): 2 S i 2- c 3 Sjc~
z
Site Size: ~-,45Z acs-. ~"c: Case No.: Alt 14144`
Applicant": --E~ENa t'►ot•~eLs Other Case No.(s): 1,1,\ 3 7a oW -C'(331
Address: %2':v55 aw ~9 vE , Sorg a• too
Receipt No. ~-JO
City/State: o7- . Zip: 00+7-7-'S
PrimaryContact: L-QC-At-b Application Accept By:
Phone: Sob- cer-o-$b-bo Fax: sbs-598-e1o0
Date: I -I J - o ~
Property Owner/Dead Holder(s)': (attach list it more 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 k 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 aw. eneioa i~o„rplnlmestmlrovlsedledjuebttena,.doc
form or submit a written authorization with this application.
PROPOSAL SUMMgRY
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provislon(s) of the REQUIRED SUBMITTAL ELEMENTS
Community Development Code (please circle one only): -
> 0vmopment Adjueat,ett Rront Yard, interior setbacke end Lot Coverege ✓ Application Elements Submitted:
s
♦ Adjustments to a SuNdlvklon [Application Form
♦ Reduction of Minimum Residendel Density
• Lends=I*VAdlustnwta-Ej°sffne/"ewstreet Trm ❑ Owner's SlgnatureNVritten Authorization
6 Parmnq Acgustmenta - Reduction in Stacking Lane Length
♦ Partdng Adjustments - Reduaton in Minimum Perking for Trencit lmpmvementv6deting Dev. Q Title Transfer Instrument or Deed
• setback Adjustments - Setttaaks to Reduce Tree Removal 8148MIrA 12-jam (2- espies)
♦ Wirel=CommunlcadonFedlityAcguabnents-Dlconk*FmmAnaawT*vmr
• WashlnpW Square Rea. Center Density Adjustments ,Q~~/Site/Plot Plan (reduced 8k/:"x 11
Please state the reason for the Adjustment request: L~J Applicant's Statement
(Addrewng cAterfa Under section 18.370.020)
t~ uc.E 15+v¢ axv> Filing Fee'
Fro M \S" - C>" sb 122 - 01 Jurisdiction: ❑ City ❑ Urb
CITY OF TIGAIW 11/8/2004
13125 SW Hall Blvd. 9:52:30AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000004848
Date: 11/08/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00086 [LANDUS] Development Adjust 100-0000-438000 217.00
VAR2004-00087 [LANDUS] Development Adjust 100-0000-438000 217.00
Line Item Total: $434.00
Payments: •
Method Payer User ID Acct./Check Approval No. How Received Amount Paid
CreditCard KRISTA L BOYD KJP 008969 Fax 434.00
Payment Total: $434.00
•
cReceipt.rpt Page 1 of 1
LEGEND November 4, 2004
HOMES Planning Division
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
RE: Setback Adjustment for 8036 SW Leiser Lane, Lot #4 @ Leiser Park
To whom it may concern,
This is a request to adjust the side yard setback for Lot #4 at Leiser Park..
The proposed reduction to the side yard is 20% (from 15'-0" to 12'-0"). This
request is so that the proposed structure will fit on the lot in question. We are
attempting to maintain a product mix that will enhance the subdivision. The
adjustment does not adversely affect any trees on the site. The adjustment
will not impede emergency access in any way. We feel that the mix of
different plans and elevations will benefit the neighborhood.
Sincerely,
Steve L cas
Legend Homes Inc.
Voice • 503.620.8080
Fax • 503.598.8900
12755 sW 69th Ave., Suite 100
Portland, Oregon 97223
www.LegendHomes.com 9