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VAR2010-00010 AFFIDAVIT OF MAILING - I, Patricia L. Lunsford, being first dulysworn/affirm, 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: I CSheck App-p— &rx(s) B&.1 FRI NOTICE OF DECISION FOR VAR2010- 00010 /ALPINE VIEW SETBACK ADJUSTMENT (File No. /Name Reference) El AWNDEDNOTI(E ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit " X, 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 August 23, 2010, and deposited in the United States Mail on August 23, 2010 postage prepaid. (Person at Pre red once) STATE OF OREGON County of Washington ss. City of Tigard Tr( Subscribed and sworn/affirmed before me on the (O day of °� ��° , 2010. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC -OREGON . COMMISSION N0.418777 I RY COMMISSION EXPIRES APRIL 25, 201 t NOTARY PUBLIC OF OREG My Commission Expires: EXH UT-L NOTICE OF TYPE I DECISION ADJUSTMENT ( VAR) 2010-00010 ALPINE VIEW LOT 15 REAR YARD SETBACK ADJUSTMENT 120 DAYS = 1211012010 SECTION I. APPLICATION SUMMARY FILE NAME: ALPINE VIEW REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2010 -00010 PROPOSAL: The applicant has requested a 20% adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet to accommodate construction of a deck on lot 15 of the Alpine View Subdivision. APPLICANT: West Hills Development Attn: Angie Cook 735 SW 158` Avenue Beaverton, OR 97006 OWNER: Alpine View, LLC 735 SW 158` Avenue Beaverton, OR 97006 LOCATION: 13125 SW Starview Drive; Washington County Tax Assessor's Map 2S109AB, Tax Lot 13400. COMPREHENSIVE PLAN DESIGNATION: R-7, Medium - Density Residential. ZONING DESIGNATION: R-7: Medium - Density Residential District. The R-7 zoning district is designed to accommodate attached single- family homes, detached single - family homes with or without accessory residential units, at a minim lot size of 5,000 square feet, and duplexes, at a minim lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and Residential Zoning Districts 18.510 -2 Code Update: 10/09 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 of this decision. VAR2010 -00010 - SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECSION THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFF D ATE O THI DE SECTION III. BACKGROUND INFORMATION Site Information and Proposal Descriltion: The subject parcel is Lot 15 of the Alpine View Subdivision (SUB2004- 00024) located opposite SW Foran Terrace, north of SW Bull Mountain Road. The subject parcel is 5,171 square feet in size. The proposal is to reduce the standard 15 -foot rear yard setback to 12 feet to accommodate construction of a deck. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370.020 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 has requested an Adjustment to the rear yard setback to allow construction of a deck. The required setback is 15 feet. Provided the following criteria are met, a 3 -foot reduction of this setback may be allowed because it reduces the setback by 20 percent, which is the maximum allowed for interior setbacks. 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 adjustment is being requested to allow a 10 -foot deep deck in the 15 -foot deep rear yard, as indicated on the applicant's site plan. The information submitted by the applicant shows that the proposed setback reduction would be the minimum necessary to achieve the desired effect. The proposed adjustment request is in compliance with this standard. The Adjustment will result in the preservation of trees, if trees are present in the development area; Trees are not present in the development area in the rear of the parcel. The Adjustment will not impede adequate emergency access to the site; VAR2010- (X)010- SETBACK AIDJU' FMIRNT PAGE 2 OF 3 NOTICE. OE'PiTE,, I DRCISION The proposed rear yard setback adjustment will reduce the setback to 12 feet, whereas the minim setback for fire safety is 3 feet from the property line and 6 feet between buildings. Direct access to the residence is from the front yard where the residence is setback approximately 22 feet from the right -of -way of SW Alpine Crest Way. The rear yard of the subject property backs up to the right -of -way for SW Stellar's Jay Lane. Therefore, the adjustment will not adversely affect emergency access to the subject dwelling or adjacent dwelling, consistent with this standard. There is not a reasonable alternative to the Adjustment which achieves the desired affect. Alternatives to the proposed adjustment would be to limit the deck expansion. However, as shown above, no public purpose would be served and the desired effect would not be achieved. Therefore, there is no reasonable alternative to the proposed adjustment. FINDING: Based on the analysis above, the adjustment standards have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. 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 AUGUST 23, 2010 AND BECOMES EFFECTIVE ON AUGUST 24, 2010. Q uestions: 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 -2434. V � August 23, 2010 APPROVED BY: JGary Pagenstecher DATE Associate Planner VAR20104AM10- SE PAGE 3O 3 NOTICE, OF T111` I DECISION VICINITY MAP VAR2010 -00010 ALPINE VIEW SETBACK - , L T L = ? / ADJUSTMENT - ��r — i' r. i i , E, - i T. i CH ` ALPINE V JR L Subject Site - �; 7 Q -. ^n �R Ut; Information on this map is for general location � 1 � only and should ld be verified with the Development Services Division. �� PIRD a>utILL "J l PJ IFWCC Pork 1 Scale 1:4,000 - 1 in = 333 It Map printed at 01:08 PM on 23- Aug -10 j • �— DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD _ - MAKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS OMISSIONS NACCURACIES THE 1 INFORMATION PROVIDED REGARDLESS SS I N HOW CAUSED. , City of Tigard dry (7 ��;�� _ 'I i p 13125 SW Hall Blvd Feet __ a 5a0 (^ II TI GARD M gPS Tigard OR 97223 ~ �' '- - 503 639 -4171 i�� f4 1 ^d9j`j V fF` , M 1 I ( '' r www.tigard- or.gov 533 O� b Q b 538 I E OS O Ll. N N / / C N OL I O _ FE CI G O c p V }, Y p ; 188 5Q FT Q O LL Q S ^ DECK _ t Z i I1 5 1557 ID C >.t m �� I "MELROSE" o o ¢ i E Q n LA y - . -MAIN FLO I d L a ':+ W 3 m I :: 644 SQ. FT. : J ? F.F. 542 RAGE :: 544.5 . .... ..'405 FT. 544 :.:`.....:. % 544 ; }:544 24'.4` N OVDAED •• X 31 SQ. FT 3 m : • ;t . 540 1 .. V t c z r cc SAN. 47 g :. , « SEWER O � r LAT. s ATER STORM R SEWER LATERAL .�.' S E PL REv15ED 8110/10 JJG REVISED 814110 wEJ ALPINE VIEW DRAWN 5/12/10 WEJ Contractor is responsible to check SITUATED IN THE N.E. 1/4 OF SECTION 8, TOWNSHIP site plans and notify designer of any 2- SOUTH, RANGE 1 -WEST OF THE WILLAMETTE MERIDIAN errors or omissions prior to start of CITY OF TIGARD, WASHINGTON COUNTY, OREGON construction. Also plans and specifications shall be approved by 13125 S.W. STARVIEW DRIVE local building authorities prior or 5 171 SQ. FT. start of construction. LOT 15 WEST HILLS MINIMUM SETBACK REQUIREMENTS: DEVELOPMENT, INC. (FROM F.L. REAR YARD: EWALIG 115 EARE5T TO HOUSE) FRONT (HOUSE): 15' FRONT (PORCH). 15' SCALE 735 SW 158th Ave. FRONT (GARAGE): 20' BEAVERTON, OR 97006 SIDE: 5' 1 " =20' STREET SIDE: 10' (30' MAX. DRIVEWAY WIDTH) West Hills Development VAR2010 -0001. Attn: Angie Cook ALPINE VIEW SETBACK ADJUSTMENT 735 SW 158`" Avenue Beaverton, OR 97006 EXH1B11L Alpine Estates, LLC 735 SW 158` Avenue Beaverton, OR 97006 2S109AB13400 ALPINE ESTATES LLC 735 SW 158TH AVE BEAVERTON,OR 97006 e74 RECEIVED .' 12 tr,± CIT1l OF TIGW City Of Tigard BUILDING DIVISION Land Use Permit Application Pile # I V P, P"Rof a — cxy / a Other Case # Date 8/11/10 By i ' � Recei t # Fee ��' v t7 Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Q Adjustment /Variance .(I or II) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Comprehensive Plan Amendment JA ❑ Home Occupation (II) ❑ Subdivision (II or III) ❑ Conditional Use (III) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Development Code Amendment (1N� ❑ Planned Development (III) ❑ Zone Change Annexation 011 ❑ Downtown Design Review 01, III) ❑ Sensitive Lands Review (I, II or III) LOCATION WHERE. PROPOSED ACJ'I VM' \PILL OCCUII (Address if available) 13125 SW Starview Drive fAX MAPS tic'1'AX LOT Nos. A �3Hon TOTAL SITE 512E ZONING CLASSIFICATION 5171 SQ. FT. APPLICANT' West Hills Development M AILING ADDRI•SS /CITY /STATL /ZIl' 735 SW 158th Avenue, Beaverton, OR 97006 PHONE NO. FAX NO. (503) 641 -7342 (503)641 -7661 PRIMARY CONTACT PERSON P14014E NO. Angie Cook (503) 726 -7042 PROPERTY OVINEIt/DEED HOLDER (Attach list if more than one) Alpine View LLC MAILING ADDRr.SS /CITY /STA'1'1 ? /Zll' 735 SW 158th Avenue PI•IONE NO FAX NO. (503) 641 -7342 (503) 641 -7661 *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 owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY (Please be specific) Due to the site slope the house was moved closer to the left prop line. During field construction it was noted that the original patio would need to be changed to a deck and it crosses the back property set back. See attached site plan. is \curpin \mltsters \land use applications \other land use applications.doc City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 718 -2421 vw or.gov I Page 1 of 2 THE APPLICANT SHALL CERTIFY THAT ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map be revoked if it is found that any such statements are false. i The applicant has read the entire contents of die application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. 8 /11/10 Owner's Signature Date 8/11/10 Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date 8/11/10 Applicant /Ag t /Representative's Signature Date Applicant /Agent /Representative's Signature Date City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503- 718 -2421 1 www.tigard-or.gov Page 2 of 2 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 179046 - 08112/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2010 -00010 Development Adjust 1003100 -43116 $256.00 VAR2010 -00010 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 085732 DADAMSKI 08/12/2010 $294.00 Payor: Dan Grimberg - West Hills Development Total Payments: $294.00 Balance Due: $0.00 Page 1 of 1 1 / 4 0 e� -&--0' 14'_0' m / / DECK e / a 188 50-FT. _ i TEMP. # /0 SL. 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