VAR2006-10003
MULL
NOTICE OF TYPE I DECISION
n
ADJUSTMENT (VAR) 2006-10003 Q
KENT INTERIOR YARD SETBACK ADJUSTMENT
120 DAYS = JULY 26, 2006
SECTION I. APPLICATION SUMMARY
FILE NAME: KENT INTERIOR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-10003
PROPOSAL: The applicant proposes to reduce the dimensional standard for the interior yard
setback of his property by 20 percent, from 5 feet to 4 feet, to allow for the
construction of a garage addition.
APPLICANT/ Robert Ross Kent
OWNER: 13155 SW 124' Avenue
Tigard, OR 97223
LOCATION: 13155 SW 124`'' Avenue; WTCM 2S103CB, Tax Lot 03500
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.
NOTICE OF TYPE I DF3CISION
VAR2006-10003 KENT IN"1"GRIOR YAM SI IBACK ADJ US-1-MENT PAGE 1 OU3
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 12e Avenue, at the end of James Road, which is off SW 121"
Avenue. The lot is 0.55 acres and the existing dwelling is 3,030 square feet. The applicant proposes to reduce
the dimensional standard for the interior yard setback of his property by 20 percent to allow for the
construction of a garage addition.
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 requests a reduction of the dimensional standard for the interior yard setback by 20 percent,
from 5 feet to 4 feet, which is 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 effect;
The applicant requests a reduction of dimensional standard for the interior yard setback by 20 percent to
meet the minimum door width of 9 feet for the garage addition. An additional 4 feet of building width is
also necessary for the portal frame. A reduction of the interior setback by 1 foot is the least required to
achieve the desired effect.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
Several small caliper trees will be removed in the development area. However, the same amount of trees
would be removed if the development were to meet normal setback standards. Therefore, no additional
trees would be removed as a result of the setback adjustment. In addition, given the large number of trees
on the lot, an alternate location for the garage addition would require the removal of more and larger trees.
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.
N011C17OF `1TPB I DECISION
VAIZ2006-10003 KI'NT INIER10R YARD S1 1'BACK ADJUSTNTEN1' PAGE, 2 0 F 3
The applicant desires to builcfalgarage addition for his home. Because of the location of the garage and
measurement standards for the addition, 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 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 MARCH 30, 2006
AND BECOMES EFFECTIVE ON MARCH 31, 2006
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) 718-2172.
4 cr~- March 30, 2006
APPRO • y Eng DATE
Assistant Planner
NOTICE OF` TYPE I DECISION
VAIU006-10003 KENT' INTERIOR YARD SETBACK ADJUSTMENT PAGIs 3 OF '3
CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
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,c1 should be verified with the Development Services Division.
13125 SW Hall Blvd
y Tigard, OR 97223
(503) 639-4171
httpWwww.ci.tigard.or. us
Community Development Plot date: Mar 30, 2006; i:Xcitywide\magicXmagic03.apr
- SIGNED ON:
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Approved PROFESSIONAL
Conditionally Appr LAND SURVEYOR
For only the worb as described in:
PERMIT NO. OREGM
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MONUMENT SEARCH
SOT 'Go✓EC4GE /`~~O SECTION 3 T.2S. RAW, WM•
WASHINGTON COUNTY OREGON Inc.
MARCH 18 2005 CenterIlne Concepts
DRAWN BY: MSG CHECKED BY. WGDIIt
SCALE 1•~3p' ACCOUNT -5059 6403 650-0188 FAX 503 50-01897
i M:\MU\KENT-5059
• • EXHIBIT
Robert Ross Kent
13155 SW 124' Avenue VAR2006-10003
Tigard, OR 97224 KENT SETBACK ADJUSTMENT
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Q.Tc(opinent
S(tapingfl (Bater Community
I, Patricia L. Gunsford being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Speciew for the
City ofTWard, Waskington County, Oregon and that I served the following:
(Check apWopdate Box(s) Belo j
❑x NOTICE OF DECISION FOR: VAR2006-10003/KENT INTERIOR YARD SETBACK ADJUSTMENT
E:i AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Euhibit'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 WWII", and by reference made a part
hereof, on March 30, 2006, and deposited in the United States Mail on March 30, 2006, postage prepaid.
(Pers ep otice)
S AgB O(' OREGON
County of Wasjfiiington ) ss
City of Ward )
Subscribed and sworn/affirmed before me on the day of , 2006. -ApAl- ze OFFICIAL SEAL
SUE FOSS
NCTU 'PUBLIC-OREGON
COM SKNON NO. 375152
MY COMMISSION 6ARES DEC.. 2007
My Co ion Expires:
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): IT-10- "S4-~ XV,
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): Z5/6-?c8 n 3s-
Site Size: o S'~"' ,4r.-at Case No.: Af 2.oz3o- /oyo3
Applicant*: )044,4-- 1losy 41- -1- Other Case No.(s): IJ6I A-
Address: ,stl.,'~ / Z "'9V C- Receipt No.:
City/State: 7-, ~ e,et . 0,2. zip: 9 7 ZZ3
Primary Contact: S Application Accepted By: A~
Phone: 96 Q S 139S- Fax: y/g •-S'~o y/ Date: 3/z 3
Property Owner/Deed. Holder s)*: (Attach list if more than one) Date Determined To Be Complete:
Address: S'S' sL.a le yl"- /9yc Phone: 57,61 -x-895' 21
~k 1.
City/State: r a -c~2 , otr S-7 z z3 Zip: = 3
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. 8126/04 I:\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):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage ✓ Application Elements Submitted:
>Special Adiustments: [Application Form
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density V 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 to/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal Viilte/Plot Plan (reduced 8y2"x 11")
♦ Wireless Communication Facility Adjustments - Distance From Another Tower - /
• Washington Square Reg. Center Density Adjustments pplicant'S Statement
(Addressing Criteria Under Section 18.370.020)
Please state the reason for the Adjustment request: Filing Fee s~
SG e R >~~c ~c~ Jurisdiction: City ❑ 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 2 "1 day of 200C
pplicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
Adjustment
Type I Application
Applicant's Statement
This adjustment application is requesting a reduction of an interior setback. The current
setback is 5 feet and this request is for a 20% reduction down to a minimum of 4 feet.
This reduction is necessary because the plans call for a minimum door width of nine feet
and the portal frame requires an additional 4 feet of building width. These two
requirements together will not fit with the current minimum setback of 5 feet.
The second location on the same side (and lot line) where the setback will be less than
five feet has been made to provide a four-foot jog, which will not require special brace
panel consideration.
This adjustment will not require the removal of any additional trees. Several small
caliper trees will be removed for this addition but the decrease of setback will not require
the removal of any additional trees.
This adjustment will have no impact on emergency access to the site.
No reasonable alternative to the adjustment exists that will provide the desired effect.
• . RECEIPT
CITY OAIGAR.D
DEVELOPMENT SERVICES RECEIPT DATE: _3 2-7/QA
- w
13125 SW Hall Blvd., Tigard, OR 97223 JURISDICTION.:
503-639-4171 www.tigard-or.gov CASHIER DATE: J
CASHIER RECEIPT
LINE ITEMS:
Case No. i Fee Description Revenue Acct. No. I Amount Due
ray ~~T l U3 03 LA-vtk'-LS ' b z V"-(' C'Q'-n_~Y
--s<111-111_- Cc'.._ Gki)o C? TO _
i
-
Total Due: $ 2 S 7
SEE ATTACHED FEE SCHEDULE.
PAYMENTS:
Payer:
Method Initials Check No. Confirm No. ! Amount Paid
i
- _ _ K~; E_ ._._._..._.__l._..._.._.~_~_... 3 _ VV
_
_f_.___.____..-----._...._...._..._.____.__
Total Paid: $ a,.S 6
IABuilding\Manual Permit System\ManualReceipt.doc 03/14/06
Washington County, Oregon 2005_106693
1 08131/2005 03:4 PM
D-0W C tnn4 A OUYCK
L(1 an _fI !t eTO $10.00 $6.00 $11.0 50.00 • Total 0 $277.00
lLl~ (l(~t111(t1L'lttl .
Law ers Title 1111111111111111111 1111111111111111
V 00827628200501066830020025
I, Jerry Hanson, Director of Assessment and Taxation
and Ex-Olflclo County Clark for Washington County,
Oregon, do hereby certify that the within instrument of
After Recording, Return t0 writing wasncelvedtndrecorded 1=k of t
records of add county. Robert R. Kent
13155 SW 124th Ave. Jerry R Hanson, Dlrector ssesament and Taxation,
ExdMclo County Clerk
Tigard, OR 97223
Until a change is requested, tax statements
shall be sent to the following address:
same as above.
STATUTORY WARRANTY DEED
(Individual)
er`s Use
(Above Space Reserved for Record
Robert L. Kent and Judith A. Kent
conveys and warrants to
Robert R. Kent
the following described real property in the State of Oregon and County of Washington
free of encumbrances, except as specifically set forth herein:
Lot 14, WILLAMETTE PLAT NO. 2, in the City of Tigard, County of Washington and State of
Oregon.
Tax Account Number(s): R0475355
This property is free of encumbrances, EXCEPT:
(Continued)
r. WASHINGTON COUNTY
REAL PROPERTY TRANSFER TAX
' ` $0250.00 $•3(•0
FEE PAID DATE
The true consideration for this conveyance is $250,000.00
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA-
TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU-
MENT, 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 LAW-
SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
DATED //is day of August, 2005.
tYl~ ~ AKRobert L. Kent J dith Kent
STATE OF OREGON, COUNTY OF Clackamas)ss.
The foregoing instrument was acknowledged before me this Jam!/ day of August, 2005, by
Robert L. Kent and Judith A. Kent.
Notary Public for Oregon OFFICIAL SEAL
My Commission Expires: O MICHELLE L. WILLIAMS
~j NOTARY PUBLIC-OREGON
MY COMMISSION EXPIRES APR. 20, 2006
Order No.: 89g0002348w
STATUTORY WARRANTY DEED •
(Continued)
ENCUMBRANCES (Continued) Order No.: 89g0002348
1. Covenants, conditions, restrictions, easements and/or setbacks, imposed by
instrument, including the terms and provisions thereof,
Recorded : May 15, 1956
Book/Volume 382
Page 332
NOTE: This exception omits from said instrument any covenant, condition or
restriction based on race, color, religion, sex, handicap, familial status or
national origin as provided in 42 USC 3604, unless and only to the extent that the
covenant (a) is not in violation of state or federal law, (b) is"exempt under 42 USC
3607, or (c) relates to a handicap, but does not discriminate against handicapped
people.
2005-106693