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VAR2005-00022 0 0 LL NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005-00022 SUMMIT RIDGE LOT 20 SIDE YARD SETBACK ADJUSTMENT Community (Development Sha 'ngA Better Commun 120 DAYS = 7/20/2005 SECTION I. APPLICATION SUMMARY FILE NAME: SUMMIT RIDGE SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00022 PROPOSAL: The applicant has requested a 10% adjustment to the side yard setback to reduce the setback from 5 feet to 4.5 feet to accommodate construction of a garage on lot 20 of the Summit Ridge Subdivision. APPLICANT: Venture Properties, Inc. OWNER: Same 4230 Galewood Street, Suite #100 Lake Oswego, OR 97035 LOCATION: 12790 SW Willow Point Lane; WCTM 2S109DA, Temporary Tax Lot SR020. COMPREHENSIVE PLAN DESIGNATION: R-7, Medium-Density Residential. ZONING DESIGNATION: The subject property is located within the R-7 Medium-Density Residential zoning 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 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions 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. VAR2005-00022 -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 subject parcel is Lot 20 of the Summit Ridge Subdivision (SUB2003-00009), located between Bull Mountain Road and Beef Bend Road. The subject parcel is 6,730 square feet in size. The proposal is to reduce the standard 5-foot side yard setback to 4.5 feet to accommodate construction of a garage. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370.020 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 side yard setback to allow construction of a garage. The required setback is 5 feet. Provided the following criteria are met, a .5-foot reduction of this setback may be allowed because it reduces the setback by 10 percent, which is less than the maximum allowed for interior setbacks. 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 adjustment is being requested to allow a 50-foot wide dwelling, as indicated on the applicant's site plan, to protrude into the west side yard setback by one half foot. The information submitted by the applicant shows that the proposed setback reduction would be the minimum necessary to achieve the desired effect and that moving the house toward the east side of the yard is precluded by a 15-foot storm drainage easement. The proposed adjustment request is in compliance with this standard. The Adjustment will result in the preservation of trees, if trees are present in the development area; VAR2005-00022 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION There are no trees present in the development area. Therefore, this standard does not apply. The Adjustment will not impede adequate emergency access to the site; The proposed side yard setback adjustment will reduce the setback to 4.5 feet, whereas the minimum setback for fire safety is 3 feet from the property line and 6 feet between buildings. The setback adjustment would result in 9.5 feet minimum between homes. Therefore, the adjustment will not adversely affect emergency access to the subject dwelling or adjacent dwelling, consistent with this standard. There is not a reasonable alternative to the Adjustment which achieves the desired affect. Alternatives to the proposed adjustment would be to encroach on the storm drainage easement or reduce the width and function of the third car garage. No encroachment is allowed in the public storm drainage easement and reducing the garage dimension would not preserve the desired effect. Therefore, there is no reasonable alternative to the proposed adjustment. FINDING: Based on the analysis above, the adjustment standards have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: -tic- mailed to the applicant and owners. Final Decision: setback lustment 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 APRIL 14, 2005 AND BECOMES EFFECTIVE ON APRIL 15, 2005. Questions: yT~l have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171. Aril 14, 2005 agenstec er DATE A "sociate Planner VAR2005-00022 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION DON • MORISSETTE OBE: 3488 4230 GALZwooD°RsTRZRT LOT: 20 LAKE OSWEGO, OREGON 97035 DATE: 03/16/2005 (503)337-7535 PAX (503)357-7615 PROPERTY: 3UMM1T-RIDGE CITY: TIGARD SCALE: 1"=20' PLAN No.: 206 STANDARD ELEVATION THREE CAR GARAGE 12190 S.w, Willow Point Ln. o 384 1 NI i(1 1 1 382 0 318 i 3l6 in L Appr o ' 314 z I I I p Q _ _ - ~ - I ~ g7g, ~ ~ a 6' PllF. Concret - - - ~ - I a 3 J a Drivewe I I W LW -----I - 312 ~WW I U 384 I Xd) ppW I WvW IW- ILQ 382 I 310 ~Wzkn I F- Wpz W Q ~::Q I '-ml rte-, W W Q u 380 I Q001 I 368 ZOZU f- - IL Q W 318 I I (yFD I I QzcD ' I WW O W W ~'-31 I 366 p3Q~O 316 I I Z JZ I 364 (LQQQ I J4''`~~ I ZZz3~ i I 362 / I WT)2> I _ 0Z-~ 314 ~ 370' Q W Q 362, i oEff i O JJJ= 312 Z Q Q Q 5' W.E. - LECsEND LOT COVERAGE G -STREET TREES LOT AREA: 6,13(0 SQ. FT. LOT 620 ACER R TRUNCATUM X BUILDING AREA: XXX SQ. FT. 'PACIFIC SUNSET MAPLE' PERCENTAGE: 3r051o 6,130 Oc{. ft. 0 0 EXHIBIT Venture Properties, Inc. VAR2005-00022 4230 Galewood Street, Suite #100 SUMMIT RIDGE SETBACK ADJUSTMENT Lake Oswego, OR 97035 I. w . • AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sfaping,g Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of 7igartf,' Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑X NOTICE OF DECISION FOR: _VAR2005-00022/SUMMIT RIDGE SETBACK ADJUSTMENT O 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 MINI", and by reference made a part hereof, on APHI14, 2005, and deposited in the United States Mail on April 14, 2005, postage prepaid. ( erson t re a No ' e STATE OT MGON ) County of ~Wasjhbigton ) ss City of 4ard ) 7-~ ''S5 Subscribed and sworn/affirmed before me on the /61 day of , 2005. OFFICIAL SEAL SUE ROSS i NOTARY PUBLIC-OREGON COMMISSION NO. 375152 MY COMMISSION EXPIRES DEC. 1, 2007 My COmml In EKPIMS: ~a ADJUSTMENT °~udy TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION r~ Property Address/Location(s): SLtmnM1t~ Kt c Loo - 20 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): ~~//~~p Site Size: Case No.: M aoo5- ovoaa Applicant*: o Nc-- . Other Case No.(s): Address: 3O Receipt No.: o? 005 - ia& 3 City/State:Lo Zip:~Ngo Primary Contact: _ yje v~ em m e n Application Accepted By: . Ocu A-Ro Phone:] o3-34~Z-16 o a Fax: 5 0'S 3`i?> -1 7 (011 Date: 3 -a a - o S Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined To e Complete: +`10 s Pic - 3 oZ °2 65, Address: gLSo a,A S0.,lou Phone: Sa,.oa / City/State: L.o-kA-~St n n O R Zip: q -70 3 S ' Comp Plan/Zone Designation: * When the owner and the applicant are different people, the joie d, p.e,,x Re s ~ PL-7 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-t.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: ➢Development Adjustment -Front Yard, nterior Setback and Lot Coverage >Special Adiustments: ❑ 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%1°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 t~/z alsoo~ the Adjlsot /bt request: f ❑ Filing Fee GWt-ne-X Jl)dLC cr✓ CA-) rho Jurisdiction: El City El Urb 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 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 a day of i ( 20~ Applicant/Authorized A dent Signatu Owner's Signature I Owner's Signature I Owner's Signature CITY OF TIGAPW 3/22/2005 13125 SW Hall Blvd 2:47:30PM p Tigard, Oregon 97223 3)639-4171 Receipt 27200500000000001263 Date: 03/22/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00022 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00022 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $249.00 Payments: Method Payer User ED AcctJCheck No. Approval No. How Received Amount Paid • Check VENTURE PROPERTIES CAC 17338 In Person 250.00 Change CITY OF TIGARD CAC In Person (1.00) Payment Total: $249.00 BANK.OF AMERICA 247038 FIC -X2858: VENTURE PROPERTIES, INC. 185th&WALKEROF E„ 3230 ""ALO HA R: 4230 GALE WOOD.;ST -.$U1TE 100 LAKE OSWEGO; OREGON:97035 PH. (503)'387 :7538 ****`**.***'*******;**.:*****.*:"******Two::l?:undred'f.fty dollars and no cents Pay..:.. . CHECK NO. AMOUNT • 17338 $********250.00 Mauch 21, '2.0 0.. C1TY;;.0F-:"-TGGARD PAY PO 130X..2-30000 TO THE ORDER::: T-1-GAR:D , OR 9729'1. -.19 "9::9. e 0 0 cReceipt.rpt Page 1 Of 1 • • L VentureProperties I N C O R P O R A T E D March 21, 2005 Creating Morgan Tracy Tomorrow's City of Tigard Communities 13125 SW Hall Blvd. Tigard, OR 97223 Today RE: Summit Ridge Lot 20 Development Adjustment Dear Morgan: Attached is a narrative requesting a Development Adjustment to Lot 20 at Summit Ridge on Bull Mountain. A plot plan showing the desired home on the lot is also attached. Please review at your earliest convenience. Please call me if you have any questions. I can be reached directly at 503-387-7574 or at 503-387-7600. Sincerely, tk Wendy K. Hemmen, PE Project Manager 4230 Galewood Street, Suite 100 - Lake Oswego, OR 97035 • 503.387.7600 • fax 503.387.7617 241 NW Flagline Drive • Bend, OR 97701 9 541.385.0576 • fax 541.322.9744 Development Adjustment Summit Ridge, Lot 20 12790 SW Willow Point Lane Type I Development Adjustment Developments Adjustments are covered under section 18.370.020 B. 1. The following development adjustments will be granted by means of a Type, I procedure, as governed by Section 18.390.030, using approval criteria contained in B2 below: b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. 2. Approval Criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment will not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Response: Venture Properties, Inc. is seeking Type I review and approval for a setback reduction on Lot 20 at Summit Ridge. Lot 20 is a north-south oriented lot that is 70 feet wide at the front and less than 70 feet at the rear. The intent for the lot was to be 70 feet in width for the entire depth of the lot. Due to a survey adjustment the lot is narrower at the rear. This lot is constrained by a 15 foot storm drainage'easement on the east side. The west side has a 5 foot side yard setback corresponding to the R-7 zoning. The desired effect for lot 20 is to place a 60 foot wide three car garage home on the lot. Please see the attached plot plan of lot 20 depicting the requested house location, desired effect. To achieve the desired effect our options are as follows: reduce the westerly side yard setback by 10%, from 5 feet to 4.5 feet; encroach into the storm drainage easement by approximately 1 foot; or reduce the width and function of the third car garage. In the last option if the overall width is reduced the desired effect is not achieved. In the middle option the encroachment into the easement is greater than the setback reduction and is not a reasonable alternative and would be difficult to achieve in this area. Therefore the only reasonable way to achieve the desired effect is to grant the setback reduction. The setback is the least amount required to achieve the desired effect as stated above, an additional 0.5 feet would be required on the east side of the lot and would be difficult to achieve with the 15 foot wide easement on the easterly 15 feet of the lot. Summit Ridge-adjustment Page 1 of 2 There are no trees in the present development area, therefore the tree preservation is not applicable. The adjustment will not impede emergency access to the site as the minimum setback for fire safety is 3 feet from the property line and 6 feet between buildings. The setback reduction request will allow for 9.5 feet minimum between homes. That is adequate emergency access. Venture requests the Development adjustment be approved as all criteria are satisfied or not applicable. The allowable reduction is 20% of the setback and only 10% is requested. Summit Ridge-adjustment Page 2 of 2 DON • MORISSETTE OBE: 3488 428x0 GALZWO ODGR8TRETET LOT: 20 LAKE 08VZG0. OREGON 07035 DATE: 03/16/2005 (503)387-7538 PAX (603)387-7815 PROPERTY: SUMilOT-RIDGE CITY: TIGARD SCALE: 1"=20' PLAN No.: 206 STANDARD ELEVATION THREE CAR GARAGE 12 "19O S.U1. Willow Point Ln. I 3841 I 382 318 al I 1 ( 316 Appr o ' 314 z I 1 I O ~ 385' Q L_ _ _ I 318. a b' P.V E. Concret - - - " - - e - 370, = e Drivewa I I W LL 4'- z -10 ' W 312 - ----I V Q Q - M3y 0 E 384 U-XO QQW I W 0- Q 382 ( 310 QgzW I _ tt) ~ ~ Q 4 iQ I '-01 g WQ l 380 r Qd00 Q1 ~ I yW) W QD U ; I 368 ?LQW 318 I I F- i 1~ I V 73 (3 - WW 366 d) (D U, Q Q 316 I W (YZ_jZ I JI 364 0L q Q I ~I 362 y LU Z?> 314 370, W Q V fP, 62, ~0(Y-~ i JJJ= 312 z QQQ~ s' WE.- LEGEND LOT COVERAGE -STREET TREES LOT AREA: 6,130 SQ. FT. LOT 020 ACER TRUNCATUM X BUILDING AREA: XXX SQ. FT. 'PACIFIC SUNSET MAPLE' PERCENTAGE: 30% 6,130 8cq.