VAR2005-00021
• • EXHIBIT..A.
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2005-00021
CITY OF TIOARD
MORRISON FRONT YARD SETBACK ADJUSTMENT ShCotrtrr,4 (Beer Commnt
aping~ BtterCornnntnity
120 DAYS = 7/21/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: MORRISON FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2005-00021
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 of
a covered porch in the location of an existing deck.
APPLICANT/
OWNER: Robert and Mardell Morrison
10085 SW Kent Place
Tigard, OR 97224
LOCATION: 10085 SW Kent Place; WCTM 2S1 141313, Tax Lot 03100.
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 attached single-family homes, 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.
VAR2005-00021 -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 located on the north side of SW Kent Place. The proposal is to intrude into
the 20-foot front yard setback by 5 feet to accommodate construction of a covered porch in
the location of an existing deck.
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 front yard setback by 5 feet to
allow construction of a covered porch in the location of an existing deck. The face of the
garage setback will remain at 20 feet. The required front yard setback is 20 feet, therefore,
up to 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 for construction of a covered porch in the location
of an existing deck. The location of the house on the property allows less than 4 feet of
space for a porch. The applicant is requesting to allow for a covered porch appropriate for
the climate which requires more than this depth. The requested Adjustment encroaches into
the front yard setback by 5 feet. According to the site plan the 5-foot adjustment is the
minimum relief required to allow a adequate covered porch, while maintaining all other
setbacks.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2005-00021 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
• •
According to the applicant, the Adjustment would not adversely affect any trees on site; as
there are no trees in the proposed development area.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access to any part of the property. Emergency
service can still access this dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Due to the narrow width of the site, there are no other reasonable alternatives for the
placement of covered porch 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:
oN tlce 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 MARCH 23, 2005
AND BECOMES EFFECTIVE ON MARCH 24, 2005
Questions:
you ou have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
March 23, 2005
PREPARED BY: rlstie eerman DATE
Planning Technician
VAR2005-00021 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
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13125 SW Hall Blvd
Tigard, OR 97223
(503) 639417l
httpJAw ci.tigard.or.us
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Additions and Renovations to the DWG REVISED TITLE
Mark MORRISON RESIDENCE
Architecture REFERENCE SITE PLAN
rChit~@ 10085 SW Kent Place, Tigard, OR
RELEASE DATE DRAWING NUMBER
1001 SE Water Ave Suft 200 MAR 10, 2005
Portland, OR 97214 ISCALE VAR-1A
p 503.245.4163
Ell T 503.251.5319 MSA Project No. 0012005 In = 20'-0p
•2S114138-03100
MORRISON ROBERT J & MARDELL E X HI IT¢~
10085 SW KENT PL vv 1 (J ~JJ
TIGARD, OR 97224
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
S(aping p Better Community
I , Tatyicta L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City of ?agar 'Washington County, Oregon and that I served the following:
{Check Appropriate Box(s) Below)
9 NOUCEOF DECISION FOR: VAR2005-00021/MORRISON SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked ExhlhWW, 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 Exhibiit'B", and by reference made a part
hereof, on March 23, 2005, and deposited in the United States Mail on March 23, 2005, postage prepaid.
(Person that ared otlce)
STA2rE Off' OUG05V )
County of'Wasjhi gton ) ss.
City of 4ard )
Subscribed and sworn/affirmed before me on the v day of , 2005.
OFFICIAL SEAL
SUE Ross
NOTARY -:UE3LIC-OREGON
COMMISSION N0.375152
MY COMMISSION E?IRES DEC.1, 2007
My Com ion Ealres•
ADJUSTMENT
' TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.- (503) 684-7297
GENERAL INFORMATION
Propert Address/Location(s): IoO S 5 k-ENT Qu.
1 p," av- 22- FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): S 11 + -AS 02, 1QQ 1 f
Site Size: Q.Iq h~a4F& (8315- 5 Case No.: V R1005 - wo Zt
Applicant*: 1 ACNE J~AL%LL pR-Q.\SDIJ Other Case No.(s):
Address: O
Receipt No.:
City/State: !T' Ija 4-t VT4- Zip:
q9 1,
Primary Contact: c 14S ArCA 41"It Application Accepted By:
Phone: - Fax: 1 -
Date: 3Zl
Property Owner/Deed Hol er(s)*: (Attach list if more than one) T T
L-L- H so Date Determined To Be Complete:
Address: S L Phone:
City/State: T►lgA(t~D 09- I- Zip: °1'1224
Comp Plan/Zone Desig_nation:
* 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 Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc
back of this form or submit a written authorization with this
application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
✓ Application Elements Submitted:
DDevelo ment Ad'ustment Front Yard, Interior Setbacks and Lot Coverage
pecial iustmen li2r Application Form
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization
♦ Landscaping Adjustments - Existing/New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length ❑ Title Transfer Instrument or Deed
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing ❑ Site/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments- Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%2'x 11")
♦ Wireless Communication Facility Adjustments - Distance From Another Tower
♦ Washington Square Reg. Center Density. Adjustments ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Please state the reason for the Adjustment request:
❑ Filing Fee laqf. DU
The location of the house on the property allows less than 4' of space for a
front porch. We would like to have a covered porch appropriate to the cli- Jurisdiction: ❑ City ❑ Urb
mate. The requested adjustment encroaches into the front yard setback by
5' (25°x6) in front of half of the existing residence in order to provide a
minimally adequate covered porch. The proposed encroachment has no
impact on trees or emergency access to the site. The architectural benefits
of the proposed addition to the existing residence will provide a net im-
provement to the neighborhood.
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 maV 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 20 O<--
Appli an A or z d Agent Signature Owner's Signature
1<
Owner's Signature Owners ignature
CITY OF TIGARD 3/23/2005
13125 SW Hall Blvd. 9:01:51AM
Tigard, Oregon 97223
(503) 639-4171 _
Receipt 27200500000000001274
Date: 03/23/2005
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2005-00021 [LANDUS] Development Adjust 100-0000-438000 217.00
VAR2005-00021 [LRPF] LR Planning Surcharge 100-0000-438050 32.00
Line Item Total: $249.00
Payments: •
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check ROBERT J MORRISON KJP 2926 In Person 250.00
Cash CITY OF TIGARD KJP In Person (1.00)
Payment Total: $249.00
ROBERT: J..MORRISON 2asso"
3222,
10085 SW KENT. PLACE'; 503-598-9830: ` 1230 "•v .
016855263
TIGARD OR 97224,
Date. QS
Pay to the - -
Order of I $
( OO 'Dollars
Wells Fargo Bank NA
' . ® 960 Northwest Wall Street, '
Bend, OR97701.. %
wellsfargo com
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cReceipt.rpt Page 1 of 1
Until a change is requested all tax statements shall be sent
to the following address.
WHEN RECORDED MAIL TO
SEATTLE SAVINGS BANK
190 QUEEN ANNE AVENUE N., #500
SEATTLE, WA 98109
TAX ACCOUNT NUMBER
2S114BB-03100
[Space Above This Line For Recording Data]
DEED OF TRUST
Mortgage Electronic Registration Systems, Inc. (MFRS) is the Grantee of this Security Instrument
MIN 1001392-0000151158-1
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated May 8, 2003 ,
together with all Riders to this document.
(B) "Borrower" is ROBERT J MORRISON and MARDELL E MORRISON, HUSBAND AND WIFE
Borrower is the trustor under this Security Instrument.
(C) "Lender" is SEATTLE SAVINGS BANK
Lender is a a Washington Corporation
organized and existing under the laws of the State of Washington
151158
OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 1101
6A(OR) (0201)
Page 10115 OS_ 1 I FORMS- 800
VMP MORTGAGE 521-_ 11111111111111111111111111111111111
3~n~~, ~ m 1001 SE Water Avenue, Suite 200
Portland, Oregon regon 97214
Phone 503.245.4163
Fax 503.231.5319
Cellular 503.475.5541
Narrative supporting Application for Adjustment
Morrison Residence
10085 SW Kent Place, Tigard, OR 97224
The adjustment requested is for an encroachment into the front yard setback at 10085 SW Kent
Place, Tigard in order to accommodate the construction of covered porch in the location of an
existing deck.
The location of the house on the property allows less than 4' of space for a porch. The property
owners would like to have a covered porch appropriate for the climate which required more than
this depth. The requested adjustment encroaches into the front yard setback by 5' (25% of the
20' front yard setback) across approx. 1/2 of the front of the existing residence in order to
provide a minimally adequate covered porch.
There are no trees in the proposed development area.
There would be no negative impact to emergency access to any part of the property
Due to the narrow width of the site, there are no viable alternative locations to providing a
covered entry porch.
The architectural improvements of the proposed construction to the existing residence will
provide a significant net improvement to the neighborhood despite the limited encroachment into
the setback area.
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