VAR2010-00011 AFFIDAVIT OF MAILING IF:
I, Patricia L. Lunsford, being first dulysworn/affirni, on oath depose and say that I am a Planning Assistant for the City of
Tigard, Washington County, Oregon and that I served the following:
JCh ckApprop.. B..(s) Below)
0 NOTICE OF DECISION FOR
VAR2010- 00011 /MINNITI SETBACK ADJUSTMENT
(File No. /Name Reference)
El AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked E xhibit " A", and by reference made a part hereof, was mailed to each
named person(s) at the address(s) shown on the attached Est(s), marked Exhibit " B", and by reference made a part hereof, on
Se2tember 8, 2010 and deposited in the United States Mail on September 8, 2010, postage prepaid.
(Person tha aced Notice
STATE OF OREGON
County of Washington ss.
City of Tigard _, }
Subscribed and sworn/affirmed before me on the r r t' day of �L�— , 2010.
EASSI OFFS I��F.AL
SHIRLEY L TREAT
ON OTARY PUBLIC - OREGON
COMMISSION NO. 416777
EXPIRES APRIL 25, 2011 N TARY PUB C OF OREGON
My Commission Expires: L Nis/ u
EXH I BIT..,
NOTICE OF TYPE I DECISION
n
DEVELOPMENT ADJUSTMENT (VAR) 2010 -00011
MINNITI SIDE SETBACK ADJUSTMENT a
120 DAYS = 12/31/2010
SECTION I. APPLICATION SUMMARY
FILE NAME: MINNITI SIDE SETBACK ADJUSTMENT
CASE NO.: Development Adjustment (VAR) VAR2010 -00011
PROPOSAL: The applicant requests an adjustment to the side yard setback to reduce it
from 5 feet to 4.5 feet (10% reduction) for the purposes of allowing
construction of an addition along the same fagade plane as the existing
nonconforming structure.
APPLICANT: Blair and Terri Minniti OWNER: Same as applicant
7668 SW Ashford Street
Tigard, OR 97224
ZONING: 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 minim lot size of 7,500 square feet.
Duplexes and attached homes are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 7668 SW Ashford Street; WCTM 2S112CA, Tax Lot 08000.
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. The findings and conclusions on
which the decision is based are noted in Section IV.
VAR2010 -00011 Minniti Side Yard Setback Adjustment Page 1
CONDITION OF APPROVAL
1) The applicant shall obtain a permit for the addition from the Building Division.
STAFF CONTACT: Building Permit Technicians (503- 639- 4171).
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information:
The site is in the Renaissance Woods Subdivision at the intersection of Ashford Street and 76' Avenue.
This lot, on the southwestern corner of the intersection, slopes downhill to the east and is
approximately 7,400 square feet in size. The zoning for the property is R -4.5: Low- Density Residential,
and is assigned a Comprehensive Plan Designation of Low Density ResidentiaL
Site History:
The 46 lot subdivision is located between 79` Avenue and Fanno Creek, at the intersection of 79`
Avenue and Ashford Street. This lot is located along the southern boundary of the subdivision,
adjacent to the Renaissance Woods No. 2 subdivision. The existing two -story home was constructed in
1990 by Renaissance Development under MST 90- 00361.
Proposal Description:
The proposal is to construct a two story addition onto an existing two- story, detached single - family
dwelling. The proposed addition would match the existing side and rear facade planes of the structure
for purposes of architectural harmony.
Due to the nonconforming status of the western facade of the existing dwelling, the proposal would
project 6 inches into the required side setback, resulting in a 4.5 foot side yard setback. Development
adjustments of up to 20% may be granted for side yard setbacks, as determined through a Type I
procedure, as provided in section 18.370.020.B.1.b of the Tigard Development Code.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
RESIDENTIAL ZONING DISTRICTS (18.510)
The development standards that affect this property are as shown below.
i
VAR2010 -00011 Minniti Side Yard Setback Adjustment Paste 2
TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD — R -4.5 ZONE Standard Proposed
Minimum Setbacks
-Front yard 20 ft No change
-Side facing street on comer & through lots 15 ft No change
-Side yard 5 ft 4.5 ft.
-Rear yard 15 ft No change
- Distance between property line and front of garage 20 ft No change
DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS:
Section 18.370.020.B.1.b provides that up to a 25% reduction of the dimensional standards for the
side and rear yard setbacks required in the base zone may be approved as a Type I Development
Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment
shall be granted if there is a demonstration of compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested a 10% reduction in the required side yard setback of 5 feet.
This would reduce the side yard setback to 4 feet six inches along the western side of the
addition. All other setbacks will be adhered to. The adjustment is requested to allow the
construction of an addition without changing the existing nonconforming western wall plane
of the home and to avoid complications of the roof line and gutters. The addition would
only maintain the existing nonconformity, and is the least required to achieve the desired
effect.
b. The Adjustment will result in the preservation of trees, if trees are present in the
development area;
The adjustment will not impact or preserve any trees, as none are present in the
development area.
C. The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access.
d. There is not a reasonable alternative to the Adjustment which achieves the desired
effect.
The placement of the addition is the most reasonable and least intrusive into setbacks. The
addition will maintain an existing nonconformity for the purposes of architectural harmony,
and the majority of the addition would not be visible from the street as it is located above
and behind the existing garage.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
VAR2010 -00011 Minniti Side Yard Setback Adjustment Page 3
SECTION Y. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
The decision of the Director on Type I Procedure 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.
THE DECISION IS FINAL ON SEPTEMBER 8, 2010 AND
BECOMES EFFECTIVE ON SEPTEMBER 9, 2010.
Q uestions:
If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171
or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR
97223.
September 8, 2010
Approv y: John Floyd Date
Associate Planner
VAR2010 -00011 N inniti Side Yard Setback Adjustment Page 4
VICINITY MAP
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Information on this map is for general location
only and should be verified with the Development
00 5 Services Division.
(�-Hu CHILL WAY Scale 1:4,000 - 1 in = 333 ft
Map printed at 04:11 PM on 03-Sep-10
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OFTIGXRD
MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
CONTENT ACCUR TIMELINESS OR COMPLETENESS OF ANY OF THE
DATA PRO VIDE D HEREIN THE CITY OF TIGARD SHALL ASSUME NO
LIABIL FOR ANY ERRORS, OMISSIONS. OR INACCURACIES IN THE
INFORMATION PROVIDED REGARDLESS OF H— CAUSED
BOND ST
11121 S1.11 Blv
O Feet TIGARI 11
MAPS Tigard, OR .72
500 503 6 39-4171 2v
www.tigard-or.gov
CITY OF TIGARD i
Approved .................................. ( ]�
)nditionally Approved -------------- - - -- -- I
For only the work as described in: —
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�SJTE; PLAN
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RECEIVED
AUG 2 5 2010
CITY OF TIGARD
PLANNING/ENGINEERING
2S112CA08000
MINNITI, EDWARD BLAIR EXHIBIT..
MINNITI, TERESA
7668 SW ASHFORD ST
TIGARD, OR 97224 ,t1 , I ' n �{ / /
cwt
Cit of Ti RECEIVED
Adjustment AUG 2 5 2010
Type I Ap CITY OF TIGARD
Yp pp FL�AHNING/ENG
GENERAL INFORMATION
Property Address /Location(s): 7 6/0 0 JW As A A l - 0 1 Sl_ FOR STAFF USE ONLY
- 064,* Ole— 974 CaseNo.:
Tax Map &Tax Lot #(s): 2 S 1 1 ZC A ' d UooO
Other Case No(s).:
Receipt No.: 7 C 1 2-
Site Size:
Application Accepted By:
Applicant *: SIG i r TP r / 1 H, 'nn Date: IZ, .5 I c7
Address: 7(0409 'SW A SLA [�- d Sj" Date Determined To Be Complete:
City/State: �)C,Q (? Zip: 1 Z Z4 ) ,w
Prima Contact: T�Xr i /U rf ri i
Primary Comp PI /Zone De / gnation:
Phone: �v 2i-j '7 / O Fax: "�. S � G r7uJ A;, ��ri
Property Owner/ Deed Holder(s (Attach list if more than one)
Rev. 7/1/10
Address: Phone: \curpin \masters \land use applications \adjustment -Type 1 App.doc
City/State: Zip:
* When the owner and the applicant are different people, the applicant must be REQUIRED SUBMITTAL ELEMENTS
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 back of this form or submit a written `/ Application Elements Submitted:
authorization with this application. Application Form
PROPOSAL SUMMARY Owner's Signature /Written Authorization
Title Transfer Instrument or Deed
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Community Site /Plot Plan (2 copies)
Development Code (please circle one only): Site /Plot Plan (reduced 8' /2 "x 11 ")
>Development Adjustment — Front Yard, Interior Setbacks and Lot Coverage Applicant's Statement
); , Special A iustments (Addressing Criteria Under Section 18.370.020)
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density g Filing Fee Z
♦ Landscaping Adjustments — Existing /New Street Trees
♦ Parking Adjustments — Reduction in Stacking Lane Length
♦ Parking Adjustments — Reduction in Minimum Parking for Transit Improvements /Existing Dev.
♦ Setback Adjustments — Setbacks to Reduce Tree Removal
♦ Wireless Communication Facility Adjustments — Distance From Another Tower
♦ Washington Square Reg. Center Density Adjustments
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-718-2421 1 www.tigard-or.gov I Page 1 of 2
Please state the reason for the Adjustment request:
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 APPLICANTS) 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 day of , 20 1 O
Applicant /Authorized Agent Signature Owner's Sign ture
Owner's Signature Owner's Signature
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 www.tigard-or.gov Page 2 of 2
CITY OF TIGARD RECEIPT
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
Receipt Number: 179264 - 08/27/2010
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2010 -00011 Development Adjust 1003100-43116 $256.00
VAR2010 -00011 Development Adjust - LRP 1003100-43117 $38.00
Total: $294.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 04544s 04544s KPEERMAN 08/27/2010 $294.00
Payor: Teresa L. Minniti
Total Payments: $294.00
Balance Due: $0.00
Page 1 of 1
Until a change is requested all tax statements shall be
sent to the following address.
EDWARD BLAIR MINNITI
7668 SW ASHFORD ST
TIGARD, OR 97224
WHEN RECORDED MAIL TO
FL9- 700- 05 - 22, JACKSONVILLE POST CLOSING
BANK OF AMERICA
9000 SOUTHSIDE BLVD.
BLDG 700, FILE RECEIPT DEPT.
JACKSONVILLE, FL 32256
LOAN # 7066517983
TAX ACCOUNT NUMBER
R2012615
DEED OF TRUST
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated APR I L 13, 2004 ,
together with all Riders to this document.
(B) "Borrower "is EDWARD BLAIR MINNITI, AS TENANTS BY THE ENTIRETY
Borrower is the trustor under this Security Instrument.
(C) "Lender "is BANK OF AMERICA, N.A.
Lender isa NATIONAL BANKING ASSOCIATION
organized and existing under the laws of THE UV I TED STATES OF AMER I CA
OREGON - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3038 1/01
-6(OR) (0 104)
P.9 -, o, ,e ,n;t;a,5- 1il���llll��IIIIlI�lIIIN�I!
VMP MORTGAGE FORMS - (800)521 -7291
CVOR 04/12/04 1:11 PM 7066517983
Application for variance adjustment on 7668 SW Ashford Street, Tigard 97224
A. Purpose:
Reason for adjustment request
Setback resolution from required 5'0" to 4 "0" . Proposed addition is
designed to align with non - conforming west garage wall. This provides
for continuity of the west wall plane and allows for the desired proposed
room dimensions.
Approval Criteria:
A. A new wall is proposed which aligns with the existing garage west
wall. The existing west garage wall is 4'6" from the property line.
This wall is being extended to provide space for a new office.
Additionally, second floor walls will stack on top of the west
garage and new office wall to provide for a new bedroom and bath.
B. No trees will be affected.
C. No emergency access is compromised by the proposed addition.
D. The proposed addition aligns with an existing non - conforming wall
providing continuity with the existing house. A 6" offset on the
west wall would provide a discordant solution and compromise
the desired room dimensions.