VAR1998-00001
EXHIB17 A&'.
NOTICE OF DECISION
VARIANCE (VAR) 98-0001 CITY OFTIGARD
Community Deveiopment
TIBBETTS FLEXIBLE SETBACK VARIANCE S
SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: TIBBETTS FLEXIBLE SETBACK VARIANCE
Variance VAR 98-0001
PROPOSAL: A request for approval of a three (3)-foot Flexible Setback
Variance to the 15-foot rear yard setback standard of the R-4.5
Zoning District.
APPLICANT: Bruce and Susan Tibbetts OWNER: Same
13541 SW Clearview Place
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre.
ZONING
DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre.
LOCATION: R-4.5.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.50 and 18.146.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Developmeri'fDireetor's
designee has APPROVED the above request subject to Conditions of-,Allordval. 'The
findings and conclusions on which the decision is based are noted,in' Section', IV.
NOTICE OF DECISION VAR 98-0001 - TIBBETTS FLEXIBLE SETBACK VARIANCE PAGE 1 OF 5
1
CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF BUILDING PERMITS, THE~TOLLOWING
iCONDITION SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall
be JULIA HAJDUK in the Planning Division '639 4171):
1. Provide a screening plan which includes either:
A. A hedge which will form a four (4)-foot continuous screen within two (2)
years;
B. An earthen berm planted with evergreen shrubs which will form a six
(6)-foot continuous screen within two (2) years; or
C. A five (5)-foot high or taller fence.
Alternatively, the plan may provide another combination of screening elements that
provide the same level of screening. The applicant must construct or plant the
required screening prior to issuance of building permits.
SECTION III. BACKGROUND INFORMATION
Site History:
The subject property is developed with a detached single-family residence. The house
was built with a cantilevered kitchen nook that was never reviewed by the City Building
Division. It appears that the nook was poorly constructed and is now significantly
slanting. In order to rectify the problem, the applicant has proposed constructing a
stem wall to support the structure. The location of the nook, however, is extending
three (3) feet into the rear yard setback. The applicant has requested this variance in
order to make the existing setback violation legal and in order to construct the stem wall
in an effort to correct the sloping of the cantilevered nook. Upon receiving approval for
this variance, the applicant will apply for the necessary building permits to construct the
stem wall.
Proposal Description:
The property owner has proposed a flexible setback variance to encroach into the rear
yard setback for three (3) feet of the 15-foot rear yard setback minimum requirement.
This flexible setback variance permits an encroachment of up to 20% of the minimum
setback requirement.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
NOTICE OF DECISION VAR 98-0001 - TIBBETTS FLEXIBLE SETBACK VARIANCE PAGE 2 OF 5
• •
Section 18.146.050 allows the Director to approve, or approve with conditions, a request
for a Flexible Setback Variance in order to reduce required setbacks by up to 20% within
the front yard, side yard, corner side yard and rear yard based on the following findings:
The reduction of the setback area established by the applicable zoning district
shall be necessary to allow for the enlargement or remodeling of an existing
building.
The reduction is needed to allow the applicant to construct a stem wall to add support to
the cantilevered nook and to make the existing encroachment legal so as to avoid
potential re-sale problems in the future.
The garage setback to the front property line satisfies the requirements of the
applicable zoning district.
The variance involves the rear yard setback, therefore, this standard does not apply.
The standards of Chapter 18.102, Visual Clearance, shall be satisfied.
The variance does not involve portions of the property that are either within, or adjoining,
a Visual Clearance area as defined by the Community Development Code. Therefore,
this standard does not apply.
The resulting lot coverage shall not exceed the maximum lot coverage of the base
zone.
The R-4.5 Zoning District does not have a maximum lot coverage requirement, therefore,
this standard does not apply.
The proposed building or addition shall not encroach upon any existing
easements.
Staff consulted the Benchview Subdivision plat to determine if the proposal would
encroach into any platted public utility easements and finds that the proposed variance
will not. There may be private easements that staff is unaware of, however, it is the
owner's responsibility to identify and maintain private easements as this can not be
enforced by the City.
When the proposed building or addition is within the rear yard, the setback
adjacent to the rear property line shall be landscaped with sight obscuring
plantings in accordance with the standards set forth in Section 18.100.080,
Landscaping and Screening.
The area where the addition was constructed does not presently include the screening
and buffering measures required by Section 18.100.080. The applicant must provide a
screening plan which includes either a hedge which will form a four (4)-foot continuous
screen within two (2) years, an earthen berm planted with evergreen shrubs which will
NOTICE OF DECISION VAR 98-0001 - TIBBETTS FLEXIBLE SETBACK VARIANCE PAGE 3 OF 5
form a six (6) foot continuous screen within two (2) years, or a five (5)-foot high or taller
fence. The applicant had indicated that the house to the rear was at a much higher grade
than the subject site. Section 18.100.080.G states that when grades are so steep as to
make the installation of screening to the required height impractical, a detailed
landscaping and screening plan shall be submitted for approval. Therefore, alternatively,
the plan may provide another combination of screening elements that provide the same
level of screening. The applicant must construct or plant the required screening prior to
issuance of building permits.
Setback, buffering and screening requirements that apply when commercial and
industrial zones abut a residential zone shall be satisfied.
The site involves residential property which abuts residential property, therefore, this
standard does not apply.
SECTION V. OTHER STAFF COMMENTS
SECTION VI. AGENCY COMMENTS
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 FRIDAY MARCH 1`3, 1998
UNLESS AN APPEAL IS FILED.
NOTICE OF DECISION VAR 98-0001 - TIBBETTS FLEXIBLE SETBACK VARIANCE PAGE 4 OF 5
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.
THE DEADLINE FOR FILING OF AN APPEAL IS 3:30. P M. ORMARCH 13, 1998.
Questions:
If you have questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
~0- " March 2, 1998
PREPA BY: Julia Po II Hajduk DATE
Associate Planner
March 2, 1998
APPROVED BY: Richard Bewe /64rff DATE
Planning Ma Eger
is\curpln\ ulia\var-98-0 1.doc
NOTICE OF DECISION VAR 98-0001 - TIBBETTS FLEXIBLE SETBACK VARIANCE PAGE 5 OF 5
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• •
.2S104DC-04400 2S104DC-04500
WILTON LANE H & KATHLEEN L TIBBETTS BRUCE A & SUSAN S
13563 SW CLEARVIEW PL 13541 SW CLEARVIEW PL
TIGARD, OR 97223 TIGARD, OR 97223
2S104DC-04600 2S104DC-04700
JOEL LESLIE B & LORI J HARRIS TODD R & KIRSTEN L
13529 SW CLEARVIEW PL 13350 SW CLEARVIEW WAY
TIGARD, OR 97223 TIGARD, OR 97224
2S104DC-04800
SEEMAN ROY D & DEBRA A
13372 SW CLEARVIEW WAY
TIGARD, OR 97223
0 •
AFFIDAVIT OF MAILING CITY OF TIGARD
Community (Development
SkapingA Better Community
STATE OT MgON
County of Washington ss.
City of T Ward
1, (Patricia L. LunsjW being first duly swom/affirm, on oath depose and say that I am an Administratim Speciafut II for the
City of ?Tgar4 Washington County, Oregon and that I served the following:
ca,~x~owon+~e eta eaaq
NOTICE OF DECISION FOR: 1/ -DDO _ L~ :lam ~E
❑ AMENDED NOTICE / (File Na/Name Rdmo=)
Gd' City of Tigard Planning Director
❑ NOTICE OF PUBLIC NEARING FOR: 0~7
❑ AMENDED NOTICE File No.Name Rderence) (pate d Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ NOTICE OF FINAL ORDER FOR: C
❑ AMENDED NOTICE File No.Mame Rderence)
(Date d wait Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
0 NOTICE OF FOR: 2:~r
(TypeMind of Notice) (File NaName Reference) (Date d Public Hearing. 0 applicable)
A copy of the PUBLIC HEARING NOTICEINOTICE OF DECISIOWHOTICE OF FINAL ORDER/OTHER NOTICEM of which is attached,
-nn
marked EI=ft "A", was railed to each
med person(s) at the address(s) shown on the attached list(s), marked
UM"B"l-b-PI the ' day 1998, and deposited in the United States Mail on the
day of / 11,IA-1SX) 1998, postage prepaid.
(Person a Pre tire)
Subscribed and sworn/affirmed before me on the day of , 19~1
OFFICIAL SEAL l
DIANE M JELDERKS /
NOTARY PUBLIC-OREGON QQQ
COMMISSION NO. 046142
MY COMMISSION EXPIRES SEPTEMBER 07, 1999 N Y PUBLIC OF 0
My Commission 7
1-16I I.r~r
~ 31-asc & Asa W/K)
Tigv.ai ~0~ I97aa~!
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VARIANCE APPLICATION
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-729
CITY OF TIGARD
PRE-APP. HELD WITH:
GENERAL INFORMATION DATE OF PRE-APP.:
1
Property Address/Location(s): 1 35q l SW O eArV' P FOR STAFF USE ONLY
c
Case No (s) J
Tax Map & Tax Lot #(s): 'o2S1Oy ' oyS~e
z- Other. Case. No. s
Receipt No::::::
APphcat lon 'Accepted By- i~.~
o,... ,
Site Size:' l7Qcres Lit
Property Owner/Deed Holder(s)': susnvS.-:'ue-f>•s
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A
Q
Add '
P
ress: !2o .rV 4!
1354) S 0'3 C 7
'W C iew -Place- Phone: 5
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City: 1 U4 C Y, Zip: 972 2-'3 Date Determined;To. Be ComP.' lete
Q.
Applicant': UYUCG 1, ~he7~s
:`':::><;':::a`';:
- Comp; Plan/Zone;,Designation
49/9
Address: 13541 SW Clearv,cw P/ace Phone: 503 590
Ci ! advd Zip: .9722
3
City:
9
° When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written Rev;snsies fi!curpin4iia'siers~yariance,doc~ .
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.
PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS
The owners of record of the subject property request permission 'for a
Variance,to the following provision(s) of the Community Development Application Elements Submitted:
Code (please be specific):
Application Form-/(&C-./
II /I/ Owner's Signature /W itten Authorization
A yme t-aYIcP- fo ~ ,c . 4 ►^eo r va rj .cefh ncr 0` Title Transfer Instrument or Deed
1 1 (Se.e. dej, 1'ed de.sscripti'ah d~ J-e4'd Site/PlotPlan (8'/:"x11")
S h e. CA S ) of copies based on pre-app check list)
Applicant's Statement
of copies based on pre-app check list)
Filing Fee (Administrative)...........x$545.00
--0 (Flexible Setback) 80.00
(Hearing's Officer).......... '00~
(Sign Code) ....................$535.00
(Subdivision) $505.00
1 .
0 r
List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application:
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
ropertv•
• 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 7 T~ day of ~6Y U AfY 19~
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
2
MY TY OF T I BARD R66L I PT OF PAYMW RLC.L• I I-+-I NU. AES-:303491
CHE t AMUUiV r 39 (A. 010
CREW CARD Ql. oii
CHANGE 0. 00
NAME. . T I BBE'TTS, BRUCE A CAbH PMUUN r 0.00
ADDRESS : 1 Ib%11 S, SUSAN S PAYlYlL N 1 UW N 0 ~'i 96
1:041 SW CLEPR V I EW PL AWD N I S I UN
T IGAk11 OR 97223-
PURPOSE OF PAYME.N"I AMOUN) i-RID PURP-'USL Of PAYMM f':!+1 UN1 F'i 11.)
Lw1NU 390. 00
VARSt3•°0001, 13041 SW CLEARVIEW PL,.TISARDn OR
VARIANCE. FOk 'A FLEXIBLAL SETBACK
r0TAL AMOUNT PAID - - -7 3~Jv . 00 '
I am requesting a variance to add support to a cantilevered portion of an existing
structure.
Per the "Criteria for Granting a Variance" 18.134.050:
L 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 other properties in the same zoning
district or vicinity;
2. There are-special circumstances that exist over which the applicant has no
control as described below:
The home was built by Elan Homes (the builder) and purchased by my wife and I in June
of 1994. This was a new home for us and had the usual problems associated with a new
home. 'Approximately one year after the purchase 'l noticed a slope in a cantilevered
kitchen nook. I brought this up with the builder who attempted to explain it away as a
normal situation with anything cantilevered. I also brought this to the attention of the
Construction Board. They said they could not help because my request was beyond the
one year time frame they work within. I eventually managed to get the builder to put some
support under the nook. What was put in place was shameful and completely useless at
which point I brought this to the attention of the builder. He chose to do nothing about it
and refused to return my calls. In the meantime I hired Daller Engineering to come in and
inspect the cantilevered section. Daller Engineering determined that the cantilevered
section does not meet code and is over-stressed by as much as 80%. Also within this time-
frame I contacted the David Scott of the City of Tigard. He was very helpful in addressing
the problem, but unfortunately the builder shut down his business. Upon shutting down his
business the builder, Bill Spicer, finally contacted me to let me know that the company
that I purchased the home from no longer existed and that there was nothing I could do
about it. I continued to work with David Scott to try to put pressure on the builder. We
even had session with the municipal court that the builder was informed of but chose to
ignore. It was nice to have the help of David Scott, but I was very disappointed in court
when the City of Tigard took a position that essentially said that the -construction-was
,outside.-the-code-of-standard single family-homes_and-that the code under which-the
structure--is-covered'requires plans-from,the_builder. Since the Citynever saw these plans
,tthe-could,neither approve-or disapptove-the'structurep very nice and tidy. In the
meantime I am left with a situation that needs to be resolved. I need the variance_because
Gadding-support-to=the-cantilevered area would_put-a-stem-wall-within-the-I foot_setback
c required-by-the-code. I believe that I would have a problem if I ever sold the property
without having a variance.
The stem wall would be a maximum of 3 feet into the 15 foot setback. Since the distance
is only 3 feet this would be considered a flexible setback. Below is a diagram of the
problem.
Back property line
12'
Proposed stem wall
Top view of the house.
3. The variance will be the minimum necessary to fix the problem.
4. Existing physical and natural systems, such as but not limited to traffic,
drainage, dramatic land forms, or parks will not be adversely affected any mote
than would occur if the development were located as specified in the title; and
5. The hardship is not self-imposed and the variance requested is the minimum
variance which would alleviate the hardship.
I hope this provides enough information to make a determination. If not, please
call me. My work number is 350-7542. My home number is 590-4919.
Best Regards,
Bruce A. Tibbetts
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OREGON TITLE STA11=RY WAPIUU 'Y DEED
i ( ))1 Insurance Company (Corporation) ,
ELAN HOW, INC., an Oregon corporation
conveys and warrants to
o BRUCE A. TIBBETTS AND SUSAN S. TIBBE'ITS, husband and wife
v
vi the following described real property in the State of Oregon and County of Washington
free of canoes, except as specifically set forth herein:
z Lot 45, according to the duly filed plat of BENCHVIEW ESTATES, in the City of Tigard,
0 filed June 7, 1988, in Plat Book 66, Page 38 through 41, Records of the County of
uv Washington and State of Oregon.
O -
Tax Account Number(s): 8200364
This property is free of encumbrances, EXCEPT:
(Continued)
WASHINGTON COU14TY
C R£QL AT0P4RTr rfAN.'Zr R TwX
aLk a-00 ko -esq.-CIx ~ FEE PAID
E1AT'E
The true consideration for this conveyance is $241,446.00
THIS INSPkZLJNDU WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSIXMNT IN VIOLA-
TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BARE SIGNM.OR ACCEPTING THIS INSTRU-
NEW, TBE PERSON AQ=RING FEE TITLE TO THE PROPERTY SHOULD CII= WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMT TO VERIFY APPROVED USES AND TO DETERmI NE ANY LjmTS ON LAW-
SUITS Aau:NsT mw m OR FOREST PRACTICES AS DEFINED IN ORS 30.930,
DATED this C ;?V- day of JUNE, 1994, pursuant to a duly approved resolution of the
board of directors of the below named corporation.
ELAN HCMES, INC.
BYG
44
ILLIAM V PICER
W
SECRETSTATE OF OREGON, COUNTY OF CLACKAMAS)ss.
The foregoing instrument was acknowledged before me this -clay of JUNE, 1994, by
WILLIAM V. SPICER, as SECRETARY, of ELAN HCMES, INC., an Oregon corporation, on behalf of
the corporation.
Notary Publid for Oregon V { f'
My Commission Expires: 12-8-96
Order No.: 861578T.tir. THIS•SPACE•RESERVED•FOR•RECORDER'S .USE
After Recording Return To: .
Bruce A. & Susan S. Tibbetts ,
13541 SW Clearview Place ,
Tigard, Oregon 97223 ,
Until a change is requested, tax statements
shall be sent to the following address:.
Same as above
DL
(Con ~['ATU'I'ORYtinued) WARRANTY D® •
r.
~1MBRAlVCES (Continues) Order No.: 861578w
1. An easement created or disclosed by instrument, including the terns and provisions
thereof,
Datedo : January 19, 1963
Recorded : February 14, 1963 in Book 481 Page 41
In favor of . Tigard Water District
For . Water mains
Affects . Please see recorded document for details
2. Conditions, restrictions, easements and/or setbacks as disclosed by the recorded plat
of BENCWIEW ESTATES, .
Recorded June 7, 1988 in Plat Book 66 Pages 38-41
3. Covenants, conditions, restrictions, easements and/or setbacks including the terns,
and provisions thereof, imposed by instrument,
Dated : April 28, 1988
Recorded June 7, 1988 as Recorder's Fee No. 88-24149
3a. Said covenants, conditions, restrictions, easements and/or setbacks were amended by
instrument,
Recorded March 9, 1990 as Recorder's Fee No. 90-11588
4. Bylaws, including the terns and provisions thereof, of Benchview Estates Homeowner's
Association,
Recorded June 7, 1988 as Recorder's Fee No. 88-24150
5. Regulations and assessments of the Benchview Estates Homeowner's Association as set
forth in Declaration and By-Laws shown in Exceptions 10 and 11 above.
3
CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
AREA NOTIFIED
VAR 98-0001
Tibbetts Flexible
Setback VarianCe
y 2S10dDC04660
P~ 040004708
2S10400045
291040004800 ~ S184=440~
I
BENCHVI EW
N
0 50 100 150 Feet
1'= 115 feet
W City of Ti'vxr&
Information on this map is for general location only and
should be verified wfth the Development Servkas Divislon.
U 13125 SW Ha0 Blvd
Tigard, OR 97223
(503) 6394171
ht pW/ .d.tigard.or.us -
Community Development Plot date: Feb 27, 1998; c:lmagic\magicdd.apr