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VAR2005-00057 • • EXHIBIT...... NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005-00057 SMITH REAR YARD SETBACK ADJUSTMENT Community (Development Sha 'ngA (Better Communi 120 DAYS = 9/28/2005 SECTION I. APPLICATION SUMMARY FILE NAME: SMITH REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00057 PROPOSAL: The applicant has requested an adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet 4 inches to accommodate construction of a family room addition. APPLICANT/ OWNER: Michael & Elizabeth Smith 13735 SW 116th Place Tigard, OR 97223 LOCATION: 13735 SW 116th Place; WCTM 2S103CD, Tax Lot 2300. 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. VAR2005-00057 SMITH REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITIONS OF APPROVAL 1. Prior to issuance of any building permits, the applicant must attain approval for the addition from the Tigard Building Division. 2. Remove the existing shed which does not meet setback requirements for accessory structures. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION 111. BACKGROUND INFORMATION Site Information and Proposal Description: The site is located on the southwest corner of SW 116~h Place and SW Fairview Lane and is bordered by single-family residences. The proposal is to construct an addition to an existing single-family residence that will protrude into the 15 foot street side yard setback by 2 feet 8 Inches. This encroachment runs along the entire length of the addition. Within the setback there is an existing shed that does not meet the five foot rear yard setback for accessory structures. The applicant states the shed will be removed. Removal of the shed is a condition of approval for the requested adjustment. 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 a 2 foot 8 inch adjustment to the rear yard setback to allow the placement of an addition within the required setback. This addition is for a family room. Up to a three (3) foot reduction of this setback may be allowed provided the following criteria are addressed. The applicant is requesting less than the maximum allowed under the code. 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 family room addition to the existing residence. As stated in the narrative, the design is to accommodate the applicant's needs. This request is the minimum relief needed to achieve the desired effect. The Adjustment will result in the preservation of trees, if trees are present in the development area; VAR2005-00057 SMITH REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION The applicant states that no trees are within the development area. 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 effect. The desired effect is to allow a larger, more functional family room. This design is the only realistic means to add to the existing structure due to the layout of the home's interior. 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: oN tlce was mailed to the applicant and owners. Final Decision: setback ~ustment 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 JUNE 1, 2005 AND BECOMES EFFECTIVE ON JUNE 2, 2005. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. LPL C/) - June 1 2005 Cheryl Gaines Planning Technician VAR2005-00057 SMITH REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION GEOGRAPHIC INFORMATION SYSTEM VICINITY MAID Gs ~ VAR2005-00051 ~T r SMITH SETBACK FAIRHA ADJUSTMENT WHISTLER'S LP w Y SFERR F IRVIEW LN Q SIT VI N c 4 a Al LfT TA D BEEF 6FND RD, RD \ r Q Tigard Area Map VIE T N DE ST GAARDE 0 100 200 300 400 Feet GAARDE ST 1"= 314 feet RE City of Tigard Information on this map is for general location only and C should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 fA httpJtAvAvei.bgard.or.us Community Development Plot date: Jun 1, 2005; C:~magicwlAGIC03.APR AFFIDAVIT OF MAILING CITY OFTIGARD Community Development ShapingA Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminirtrative Specialist for the City ofTWardd, Washington County, Oregon and that I served the following: (Check Appropriate Box(y) Below) ❑x NOTICE OF DECISION FOR: VAR2005-00051/SMITH 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"IA 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 MINT", and by reference made a part hereof, on lone 2, 2005, and deposited in the United States Mail on June 2, 2005, postage prepaid. at Prepare ice) SZI E OAF OUGON County of `Was sngton ) ss. City of TWard ) Subscribed and sworn/affirmed before me on the day of 1 2005. OFFICIAL SEAL 1 SUE 10S3 'NCTh•..t PUBLIC-OREGON COMMISSION NO. 375152 MY COMMISSION EXPIRES DEC. 1, 2C17 u NUTAN Mll C " m Ion EXPIfes: - d 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): W3.S S1V -1-/* s2_r~ a& `P7 ZZ~ FOR STAFF USE ONLY Tax Map & Tax Lot #(s): ds oa C D - CxABOO Site Size: Case No.: VAA,aM5-oooS-7 Applicant*: Other Case No.(s): Address: /-3 -7 3 -c7- 5b4j t? 2 y7ZZ3 Receipt No.: "2005- City/State: _ i Zip: Primary Conta t: Application Accepted By: s Phone: eT 3 - 9 3 0 Fax: Date: ~5 -,10 r 05 Property Owner/Deed Holder(s)": (Attach list if 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 L121 L.J 1) ell Rem / FZ y - S 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. 8126/04 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: %D veto ment Adjustment - Front Yard, Interior Setbacks and Lot Coverage ,Special Adiustmen ❑ Application Form ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written ♦ Landscaping Adjustments - Existing/New Street Trees Authorization ♦ Parking Adjustments - Reduction in Stacking Lane Length ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ❑ Title Transfer Instrument or Deed ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ❑ Site/Plot Plan (2 copies) ♦ Washington Square Reg. Center Density Adjustments ❑ Site/Plot Plan (reduced 81i" x 11 Please state the reason for the Adjustment request: ❑ Applicant's Statement / (Addressing Criteria Under Section 18.370.020) 17 A- C- 6Z~6` /itdt~- ❑ Filing Fee Jurisdiction: ❑ City ❑ Urb A. A demonstration that the adjustment requested is the least required to achieve the desired area: i. The Plans were drawn up to accommodate our needs. B. The adjustment will result in the preservation of trees, if trees are present in the development area: i. There are no trees in the development area. C. The adjustment will not impede adequate emergency access to the site: i. The Addition is not in the way of access to the property. D. There is not a reasonable alternative to the adjustment which achieves the desired effect. i. This is the only realistic way to add room to the existing structure. ii. Regarding the shed, it will be moved or dismantled. 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 107V 1,- day of 20a.L Applicant/Authorized Agent Signature Owner's Signature Owner's Signature QA/ri-er's Signature CITY OF TIGARD 6/2/2005 13125 SW Hall Blvd. 9:39:45AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000002440 Date: 05/31/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00057 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00057 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $249.00 Payments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid Check MICHAEL/ELIZABETH SMITH CAC 4155 In Person 249.00 Payment Total: $249.00 • cReceipt.rpt Page I of 1 Cheryl Caine - Re: 13735 SW 116th • • Page 1 From: Cheryl Caines To: Hesse, Edwin B. Date: 5/27/2005 9:13:26 AM Subject: Re: 13735 SW 116th Edwin, I will most likely issue the adjustment decision midweek - next week. I spoke with Elizabeth Smith yesterday regarding the $249.00 fee due for the adjustment application. She indicated she would drop it by. I cannot answer regarding Mark's review. He is out until Tuesday. I am copying him on this e-mail so he will respond next week. Cheryl "Edwin B. Hesse" <ehesse@mac.com> 5/26/2005 7:46:46 AM Cheryl, I have submitted the adjustment form as of Friday. Is there any way to know how far off the permit process is? Thank you, --Ed MacArthur-Booth Constructors Edwin B. HesseP. O. Box 11156Portland Oregon 97211-0156Telephone: 503 282 1841 Cell: 215 280 5319Fax: 503 493 4511ehesse@mac.com www.mac-bo.com CCB 162204 On May 20, 2005, at 8:37 AM, Cheryl Caines wrote: The copy I have has been stamped several times with Building Department information. Can you please submit one clean copy of the site plan? An 8.5" x 11" is all I need for the file. Cheryl "Edwin B. Hesse" <ehesse@mac.com> 5/19/2005 5:20:56 PM Cheryl, Will I need to submit additional sets of plans or will the process utilize the plans I have already submitted? Thank you, --Ed MacArthur-Booth Constructors Edwin B. Hesse P. O. Box 11156 Portland Oregon 97211-0156 Telephone: 503 282 1841 Cell: 215 280 5319 Fax: 503 493 4511 ehesse@mac.com www.mac-bo.com CCB 162204 Cheryl Caines - Re: 13735 SW 116th • Page 2 On May 19, 2005, at 4:42 PM, Cheryl Caines wrote: Edwin, In response to your voice mail regarding the adjustment for 13735 SW 116th, there are four approval criteria that must be addressed in the applicants statement. These criteria can be found on the city website at www.ci.tigard.or.us - click on the quick link to the Development Code. The code section is 18.370.020.6.2. The applicant's statement should also express the amount of adjustment being requested. These reviews are Type 1 and generally take two weeks to approve. I can let Mark, our plans examiner, know the adjustment is coming and he will continue his review of the construction plans. The building permit cannot be issued until after the adjustment is approved. There is no appeal period for a Type 1 application, so the soonest you may be able to get a permit is two weeks after the adjustment submittal. I hope this answers your questions. Cheryl Caines City of Tigard CC: VanDomelen, Mark y.: WORK: AREA OF PROPERI`~ = 7 AREA OF Arjf-)I T'.,';I I AREA OF HOW TOfr1._. L1IIINC AREA Of AT"IA(,Hl.f) z R00N io TOTAL. GL)fl.f)If1(, r..f~l r. c ~a RAVIO BUILDRIG/ P(J-1,; ;X so CO 65' EXISI ' ~NED 2 300 116TH PI. .ARGER - i OF TF F~f.(Jf''I_ft ~~~,r<< NEW F LT) ° w iE FREI i Ld s. 'HICH A ; w ° ~ ; WITH I _ CEILIN I I i z~.~ y I I .I ~ % i ~ Z I ~I Q Lw LL- I _I ~_~a,l SIDEWALK SCALE: l"=20' 0" r SW 116TH PL.