VAR1996-00013
NOTICE OF DECISION
VARIANCE 96-0013 CITY OF TIOARD
HILLVIEW TERRACE APARTMENTS skaCo Community (DevCoefopment
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: HILLVIEW TERRACE APTS
Variance VAR 96-0013
PROPOSAL: A request by Andrews Management for a ten-inch variance to the
minimum sideyard setback standard of the R-25 Zoning District.
APPLICANT: Andrews Management OWNER: Same
8235 SW Oleson. Road
Portland, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Medium-High Density Residential (13-25 Units Per Acre).
ZONING
DESIGNATION: R-25.
LOCATION: 11418 SW Bull Mountain Road; WCTM 2S1 10AC, Tax Lot 1200.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.134.050.
SECTION II: DECISION:
No#ice is hereby given that the Crty of Tigard;Community
elopment Dicectora dell nee;has APPROVED;the.abov e ;re:q uesti:.:
g
The findings and conclusions on which the decision is based are noted : d Section IV
NOTICE OF DECISION VAR 96-0013 - Hillview Terrace Apartments Page 1
SECTION III: BACKGROUND INFORMATION
Site Histo[)L
The site is presently being developed with 90 apartment units. An additional 36 apartment
units are approved for areas to the west. A property survey was completed for the buildings.
Two encroachments into the 10-foot minimum setback exist for "Building 6D" and were
previously approved in April of 1996. The applicant has requested a similar variance to the
setback standard for "Building 7A" to reduce the sideyard setback requirement for this
portion of the building from 10 feet, to nine feet and two inches.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Section 18.134.050 allows the Director to approve, or approve with conditions, a request for
a variance based on the following findings:
The proposed variance will not be materially detrimental to the purposes of this title,
be in conflict with the policies of the Comprehensive Plan, to any other applicable
policies and standards, and to any other properties in the same zoning district or
vicinity; The proposed variance will allow a limited reduction to the sideyard setback from
10 feet to nine feet and two inches on one portion of the sideyard setback area. This will a
allow a ten inch projection into the required sideyard setback. The total effected building
length is less than one percent of the length of all four buildings that adjoin this sideyard
setback area.
There are special circumstances that exist which are peculiar to the lot size, shape,
topography or other circumstances over which the applicant has no control, and
which are not applicable to other properties in the same zoning district; The property
slopes along the affected property line. Because of the property slope, the applicant
incorrectly measured the two extensions of the building footprint and incorrectly calculated
the distance of these building projections to the property line.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while permitting
some economic use of the land; A variance to the setback requirements would provide
the applicant with limited relief, from a development standard. The variance will allow the
applicant to utilize the structure for its intended purpose. Remodeling the apartment
structure to comply would involve rebuilding critical load bearing portions of the building.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected any more than would
occur if the development were located as specified by this title; and...Due to its limited
nature, the variance does not affect the above listed natural and physical systems.
NOTICE OF DECISION VAR 96-0013 - Hiilview Terrace Apartments Page 2
The hardship is not self imposed and the variance requested is the minimum variance
which would alleviate the hardship. The hardship was due to circumstances related to
setback measurements on a sloping portion of the parcel. The applicant incorrectly
measured the distance from the building to the property line. Because the variance allows a
limited encroachment into the setback, the variance is the minimum required to alleviate the
hardship of reconstructing the.building to comply with the standard.
SECTION V: OTHER STAFF COMMENTS
The Engineering and Building Departments have reviewed the proposal and have
offered no comments or objections.
SECTION VI: AGENCY COMMENTS
Utility providers are provided with a copy of this notice of decision. These agencies
will be able to request that the decision be amended, or set aside if the requested
setback variance would conflict with the provision of necessary services or with
existing utilities.
SECTION VII: PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
_X Owner of record within the required distance
X Affected government agencies
Final Decision:
.
< : THE DECISION SHALL BE FINAL.;ON DECEMBER 9, 1996
UNLESS AN APPEAL IS FILED
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that provides
that a written appeal must be filed with the City Recorder within 10 days after notice is
given and sent. The appeal fee schedule and forms are available, from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
NOTICE OF DECISION VAR 96-0013 - Hinview Terrace Apartments Page 3
THE DEADLINE FOR FILING OF AN APPEAL IS 3 3;0 P M' ON DECEMBER 9, 1'::996
Questions:
If you have question, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
November 25. 1996
PREPARED BY: Mark Roberts, AICP DATE
Associate Planner
- November 25. 1996
APPROVED BY: Richard Bewersdo DATE
Planning Manage
1ACURPLN\VAR-96-13. DOC
NOTICE OF DECISION VAR 96-0013 - Hinview Terrace Apartments Page 4
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CASE NO-
PLOT PLAN ~ Hillview Terrace Apartments,
9 Setback Variance
EXHIBIT, MAP VAR 96-0013 _ - ~
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!-flGLG'/1°GtJ 1 c~iyc6 ,~-f~r.S, V/+~ ti~v -DOS [ /'6 • I a•f= l )
2S110AC-01200 2S110AC-01400
ANDREWS MANAGEMENT LIMITED ANDREWS MANAGE CTD
4000 KRUSE WAY PL 4000 KRU PL BLDG 1 #270
BLDG 1 #270 OSWEGO,OR 97035
LAKE OSWEGO,OR 97035
2S110AC-01300 2S110AC-01000
ANDREWS MANAGEMENN CALABAZAS CREEK LTD INVESTRS &
4000 KRUS IA'r BLFL DG 1 #270 CALIFORNIA BOARDWALK LTD INVES
1 A SWEGO,OR 97035 2570 EL CAMINO REAL WEST #500
MT VIEW,CA 94040
2S110AC-01100
ROBERT C WYATT INC ANDREWS MANAGEMENT
BY KIMBERLY ANN DOYLE 8235 SW OLESON ROAD
5642 LOS ANGELES AVE PORTLAND OR 97223
SIMIVALLEY,CA 93063
CSI of ngant Oregon
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) SS.
City of Tigard )
1, Patricia L Lunsford, being first duly sworn/affirm, on oath depose and say:
that I am an Administrative Specialist 11 for The City of Tigard, Oregon.
❑ That I served NOTICE OF (AMENDED PUBLIC HEARING FOR:
Ivry b" aw..,..ooro.er) Mack appiapnars ow bmw) (Ender ft= H&MV OM abWm)
0 City of Tigard Planning Director
❑ Tigard Planning Commission
0 Tigard Hearings Officer
❑ Tigard City Council
That I served NOTICE OF (AMENDED DECISION FOR:
earsu...w•.r•..••dq City of Tigard Planning Director
❑ That I served NOTICE OF (AMENDED FINAL ORDER FOR:
Ivrar eaa aeo.a r appic.ew► Jd NP c apps ia- I box be"
0 City of Tigard Planning Director
0 Tigard Planning Commission
0 Tigard Hearings Officer
0 Tigard City Council
❑ That I served OTHER NOTICE OF FOR:
A copy of the PUBLIC HEARING NOTICEINOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S)
of whit attached, marked Exhibit "A", was mled to a pchedperson(s) at the address(s) shown on the
attach d lis (s), mark Exhibit " on the 27-M o 199 , and deposited
in the Unit States Mail o the da of 199 postage prepaid.
i
Pr Notice
157 Y
Subscribed and swom/affirmed before me on the l day of 19 /
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. tat NO ARY PUBLIC FOREGO
MY COMMISSION EXPIRES SEPTEMBER 07, 1999
My Commission p~ es:
PILE INP0.:7
NAME(S):
CASE NO.(S):~~ Uf eLLJ 'T~PYY- r
TYPE OF NOTICE & DATE.
VARIANCE APPLICATION
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
A. L
CITY OF TIGARD
PRE-APP. HELD WITH:
GENERAL INFORMATION DATE OF PRE-APP.:
Property Address/Location(s): 11418 SW Bull Mountain Road FOR STAFF.U$~:ONLY
Case No (s) M(a Q
Tax Map & Tax Lot #(s): 2S1 10AC
Other Case No (sj, ~2 a:5 - C.OOC~
T. L. 1200
Site Size: 14 acre Application. Accepted By; .
Date ~ ~ ? -~~i
Property Owner/Deed Holder(s)": Andrews Management Ltd.
Address: 4000 Kruse Way Place Phone:699-8645
Bldg. 1 Suite 270
City:Lake Oswego, OR Zip: 97035 Date Deter inetl o Be Com lete
Applicant": Andrews Management, Ltd.
Comp an% o e Designat n
Address: same Phone:
City: Zip
CIT Area-Q I'
When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written Rai ensiss hcurpmlrri8sterswanance doc:,7.
authorization from the owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application.
REQUIRED SUBMITTAL ELEMENTS
PROPOSAL SUMMARY
The owners of record of the subject property request permission for a ✓ Application Elements Submitted:
Variance to the following provision(s) of the Community Development
Code (please be specific): 0 Application Form
R-25 Zoning District Owner's Signature/Written Authorization
Side Yard Setback of 10' O Tithe TraR~~a> ntLA M ed~
Site/Plot Plan U
of copies based on pre-app check list)
p~ Site/Plot Plan (reduced 8Y2"x 11
g-'Applicant's Statement
(#.of copies based on pre-app check list)
Filing Fee (Administrative) 545.00
(Flexible Setback) $3
(Hearing's Officer) $535.00
(Sign Code) ....................$535.00
(Subdivision) $505.00
1
List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application:
None
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
Propeft.
• 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 /l~ a-•t- G---..- 19 G
Owner's Signat a Owner's Signature
Owner's Signature Owner's Signature
2
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VARIANCE REQUEST
FOR
HILLVIEW TERRACE APARTMENTS
Request: Provide approval for an administrative variance for a
side setback of an apartment building. Current setback
requirement is 10 feet.
Project: HILLVIEW TERRACE APARTMENTS
City Case File: SDR 95-006
Building 7, adjacent to Hwy 99 W
History: A small portion of a new apartment building was
constructed to within 9 feet 2 inches of a property
line. A majority of the building meets the setback,
however one corner extends 10 inches into the 10 foot
yard requirement. Approximately one square foot of the
building encroaches.
The building does not encroach across any property line
or right-of-way line.
Fact: 1. The uniform building code indicates that for fire
concerns, the structure cannot be less than 5 feet
from a property line. In this case the building
is at 9 feet 2 inches.
(See attached document)
2. The City code allows administrative variances when
encroachments have not occurred and building codes
have not been violated.
Based on the facts noted above, we are requesting for
Building 7 of. Hillview Terrace Apartments that `a
variance be approved for a building side yard setback.
A setback of 9 feet be allowed instead of the required
10 feet.
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