VAR2006-10001
EXHIBIT A
NOTICE OF TYPE I DECISION
a
ADJUSTMENT (VAR) 2006-10001 e
CRAWFORD FRONT YARD SETBACK ADJUSTMENT '
. 120 DAYS = JULY 20, 2006
SECTION I. APPLICATION SUMMARY
FILE NAME: CRAWFORD FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-10001
PROPOSAL: Applicants propose to reduce the dimensional standard for the front yard setback of
their property by 25 percent to allow for the construction of additional space for their
dwelling, necessary to accommodate their family and home school.
APPLICANTS/ Jon and Tina Crawford
OWNERS: 9475 SW Commercial Street
Tigard, OR 97223
LOCATION: 9475 SW Commercial Street; WTCM 2S1 02-AB, Tax Lot 209
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, and duplexes, at a minimum lot
size of 10,000 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. The findings and conclusions on which the decision is based are noted in
Section IV.
VAIZ2006-10001 CRAW"ORD FRONT YARD SETBACK ADJUST iMI3N'I' PAGE, 1 OF 3
NOTICE017'1"Yl1133I 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 property is located on SW Commercial Street, between SW Lincoln Street and SW 95th Avenue
and is approximately 8,086 square feet. Applicants ppropose to reduce the dimensional standard for the front
yard setback of their property by 25 percent to allow for the construction of additional space for their 1-
story dwelling, necessary to accommodate their family and home school.
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.
Ap licants re nest a reduction of the dimensional standard for the front yard setback by 25 percent, from
20 Feet to 15 feet, which is the maximum allowed under the code for a lot in an R4.5 zone.
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;
Applicants request a reduction of dimensional standard for the front yard setback by 25 percent to allow
for the construction of an additional bedroom and bathroom for their dwelling. Applicants are
remodeling their dwelling to provide necessary additional space for their family and home school. An
additional room will be constructed in the back of the dwelling, but this construction would be within the
dimensional standard for the rear yard setback of a lot in an R4.5 zone (15 feet). A reduction of
dimensional standard for the front yard setback by 25 percent is the least required to achieve the
applicants' desired effect of a 12 foot by 18 foot space to fit a bathroom and reasonable size bedroom.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
An aerial photo shows that no trees exist in the proposed area of construction. Therefore, no trees will be
affected by the proposed construction.
The Adjustment will not impede adequate emergency access to the site;
The site plan shows that the new construction would not block access to the front entry or driveway.
Therefore, the proposed construction would not impede adequate emergency access to the site.
There is not a reasonable alternative to the Adjustment which achieves the desired effect.
VAR2006-10001 CRAWFORD FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
Applicants desire to provide more space for their family and home school. Applicants are constructing
additional space in the back of their dwelling, which would be in compliance with the dimensional
standard for the rear yard setback for a lot in an R4.5 zone. To maintain side setbacks that are in
compliance with dimensional standards, the applicants cannot build on either side of their home. To
achieve the desired effect of an additional bathroom and reasonable size bedroom, they must construct
additional space in the front of their dwelling. Therefore, there is no reasonable alternative which achieves
the desired effect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
A setback A justment 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, 2006
AND BECOMES EFFECTIVE ON MARCH 24, 2006
Questions:
It 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.
March 22, 2006
APPR B • Eng DATE
sistant Planner
VAR200& 10001 CtAWFORD FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
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13125 SW Hall Blvd
Tigard, OR 97223
(503) 6394171
httpJtw .ci.tigard.ocus
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PROPOSED ADDITION FOOTPRINT . 608 SGT FT.
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CRAWFORD JON & TINA S EXHIBIT-ILL/ 1-
9475 SW COMMERCIAL ST
TIGARD, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
S(apindl7 Better Community
I, fttr"tL. Lunsfon( being first duly sworn/affirm, on oath depose. and say that I am a SeniorAdministrativeSpecia&tfor the
City of ?Ward, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Bdo«)
❑x NOTICEOF DECISION FOR: VAR2006-10001/CRAWFORD FRONT YARD SETBACK ADJUSTMENT
Ei 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 March 23, 2006, and deposited in the United States Mail on March 23, 2006, postage prepaid.
(Pers Pr ar o Ice)
STA?E Off' OU ON
County of rWasThi gton ) ss
City of Tigard )
Subscribed and sworn/affirmed before me on the I day of '2006.
OFFICIAL SEAL
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NOTAF;v PLIEUG-OREGON
COMW'SION N0.375152
WCOMMISSION -2:PIKES DEC. 1, 2007
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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): C14-15 'I/W Cammer-ci S~.
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 02 Aj5 00 20
Site Size: O X O Case No.: V ~ Iv ~ j 0" o
Applicant*: 4 - i Other Case No.(s):
Address: 11415 Slw Crrrnrn.erc-rc-( -S4.- Receipt No.:
City/State: T'(GAfL~ OQ-- Zip: q a a
Primary Contact: r AyNAE4~o►1 ~~°T'L► A~f~H~TECT vn Application Ac epted By:
Phone: yob `7 bglg, Fax: Date: 1 0 f of
Rroperty Ow ~1 ne N,& r/Deed. C-Q 4Holderw (s)*: o2 N (Attach list if more than one) Date Determined To Be Complete:
/
Address: 11in 5 31k, c-c.vt , e.-ac-,,+L- Phone: -':;o3 - 3'ta -5~Z5 I Zz;: a 6
City/State: Zip: 9 Z
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 Rev. 8/26/04 i:\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
Communit Develo ode lease circle one only):
✓ Application Elements Submitted:
evelo ment Ad'ustme ront Yard nterior Setbacks and Lot Coverage
➢Saecia diustments: 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 [v]' Site/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal Site/Plot Plan (reduced 81/2"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: Gy~,~ [v]" Filing Fee 4P
-ld jorm, Jurisdiction: ❑ City ❑ Urb
s ~Qr o ;l
.
Vysy n SQ J% 60
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 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 0°rot day of MA~,gGH 2O06o
Applicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's ature
! 0
CITY OF TIGARD RECEIPT
~ DEVELOPMENT SERVICES RECEIPT DATE: 3-18-06
13125 SW Hall Blvd., Tigard, OR 97223 JURISDICTION.: Tig
503-639-4171 www.tigard-or.gov CASHIER DATE:
CASHIER RECEIPT
LINE ITEMS:
Case No. Fee Description Revenue Acct. No. Amount Due
VAR2006-10001 (Landus)Development 100-0000-438000 224.00
Adjust
(LRPF)Plann'g Surcharge 100-0000-438050 33.00
Total Due: $ 257.00
SEE ATTACHED FEE SCHEDULE.
PAYMENTS:
Payer. JON & TINA S. CRAWFORD
Method Initials Check No. Confirm No. Amount Paid
Check KJP 1837 257.00
Total Paid: $ 257.00
IABuilding\Manual Pemut System\ManualReceipt.doc 03/14/06
Jon & Tina Crawford
9475 SW Commercial St.
Tigard, Oregon 97223
March 10, 2006
City of Tigard
Planning Department
Re: Crawford Addition
To whom it may concern,.
A. The adjustment request is the least required to achieve the desired effect. In order to
add a bathroom and maintain a reasonable size bedroom, it is necessary to build out 12
feet.
B. The proposed construction will not affect any existing trees.
C. The proposed construction will not affect any emergency ingress/egress for the
property.
D. There is no reasonable alternative due to the following: We are already planning to
add on to the back and we cannot expand to the side due to the side yard zoning
constraints.
We appreciate your consideration for this project.
Sincerely,
Ton & Tina Crawford
After recording, return this deed to
Kelly E. Ford
4800 SW Griffith Dr., Ste 320
Beaverton OR 97005
Mail future tax statements to
Jon and.Tina Crawford
9475 SW Commercial
Tigard OR 97223
DEED OF PERSONAL REPRESENTATIVE
TINA S. CRAWFORD, the duly appointed, qualified, and acting personal representative of the
estate of CYNTHIA J. TROUTMAN, deceased, conveys to JON CRAWFORD and TINA S. CRAWFORD,
husband and wife, all that real property situated in Washington County, Oregon, described as follows:
Lot 9 MARIELL, in the City of Tigard, County of Washington, and State of Oregon.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 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 LAWSUITS AGAINST FARMING
OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true and actual consideration for this conveyance Is $0, (inheritance).
DATED: , 2005.
TINA S. FORD,.P ral Representative
of the Estate of CYNTHIA J. TROUTMAN,
Deceased
STATE OF OREGON )
ss:
County of Washington )
On the td day of , 2005, personally appeared the above named TINA S.
CRAWFORD and acknowledged t above instrument to be her voluntary act and deed as personal
representative of the CYNTHIA J. TROUTMAN Estate.
Subscribed and sworn to before me '2005.
OFFICIAL SEAL Notary Public for Or on
KELLY E. FORD My commission expires:
NOTARY PUBUC•OREGON
COMMISSION NO. 370809
MY COMMISSION EXPIRES JULY 22, 2007