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VAR1999-00001 Decision - HEIGHTS#2 SETBACKS OTIOOF TYPE I DECISION 90001 D L P ENT Ap1UST ENT "HEIGHTS T UtI~OU TAIN O SETBACK D U T ENT C0nMt Sri r0jz ant ,S',fzu izz~;~' rBett~r~uzninztnity 120 DAYS = 6/4/99 SECTION I. APPLICATION SUMMARY "HEIGHTS AT BULL MOUNTAIN NO. 2" SETBACK ADJUSTMENTS CASE: Setback Adjustment VAR 99-0001 PROPOSAL: The applicant has requested two (2) Development Adjustment approvals to adjust certain side yard setbacks on Lot 112 and Lot 121 of the Heights at Bull Mountain #2 Subdivision (Tax Lots 11500 and 12400 on WCTM 2S105CD). The adjustments are requested to legalize a non-conforming situation caused by a surveying error. APPLICANT: Alpha Engineering OWNER Impressive Homes, Inc. Trisha McClelland (Lot #112): Doug McPhearson 9600 SW Oak, #230 10319 SW Picks Way Portland, OR 97223 Tigard, OR 97224 OWNER Windridge Homes, Inc. (Lot #121): Fred Ball 653 NE Kelly Hillsboro, OR 97124 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATIONS: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 15977 SW Milan Lane; WCTM 2S105CD, Tax Lot 11500 and 15974 SW Tuscany Street; WCTM 2S105CD, Tax Lot 12400. These lots are located in the Heights at Bull Mountain No. 2 Subdivision in the Urban Services Area of unincorporated Washington County. The subdivision is generally located north of SW Roshak Road and west of SW 158th Avenue. 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. NOTICE OF TYPE I DECISION VAR 99-0001-HEIGHTS AT BULL MNT. NO.2 SETBACK ADJUSTMENTS PAGE I OF 3 THIS APPROVAL SHALL. E V ALID FOB I MONTHS FRO THE EFFECTIVE DATE OF THIS DECISION. SECTION 111. BACKGROUND INFORMATION Site History: The lots in question are part of the Heights at Bull Mountain No. 2 Subdivision in the Urban Services Area of unincorporated Washington County and approved by Washington County under Casefile No. 96-413-S1HRV. Vicinity Information: The Heights subdivision is located north of SW Roshak Road and west of 158th Avenue. It is outside the city limits of the City of Tigard, within the Washington County Urban Services Area. Site Information and Proposal Description: The lots in question are Lots 112 and 121 of the Heights subdivision, also known as Tax Lots 11500 and 12400 on WCTM 2S105CD. The proposal is to adjust certain side yard setbacks that are less than required in the underlying R-7 zone due to an error in placing the survey pins for the foundations of the houses. Lot 112 has a west side-yard setback of approximately 4.53 feet where 5 feet is required. Lot 121 has a west side-yard setback of approximately 4.40 feet where 5 feet is required. Both lots are 50 feet wide, as required by the dimensional standards of the R-7 zoning district and have east side-yards that are correspondingly larger than the 5-foot minimum. The requested Adjustments will legalize these non-conforming setbacks. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 1 .370.020.B.1.b provides that up to a 20% 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 18.370.020.8.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the adjustment requested is the least required to achieve the desired effect; The adjustments requested are less than 1-foot in both cases and are equal to the exact amount that the setbacks deviate from the standard. Therefore, this criterion is met. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are present in the development area. Therefore, this standard does not apply. NOTICE OF TYPE 1 DECISION VAR 99-0009 -HEIGHTS AT BULL MNT. NO.2 SETBACK ADJUSTMENTS PAGE 2 OF 3 i I The adjustment will not impede adequate emergency access to the site; The adjustments will affect side yard setbacks only. Emergency access from the public streets fronting the properties will not be affected. Therefore, this criterion is satisfied. There is not a reasonable alternative to the adjustment which achieves the desired effect. The only alternative to the proposed adjustments would be to move the structures approximately 6 inches to the west. The proposed adjustments are, therefore, the only reasonable alternative that achieves the desired effect and this criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION A lot line 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 AS OF FEBRUARY 9, 1999. THE EFFECTIVE DATE OF THIS DECISION SHALL BE FEBRUARY 10, 1999. 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) 639-4171. February 9, 1999 PREPARED B QarkJ'.Roberts DATE Associate Planner r - "6 1 February 9, 1999 APP QVED BY: Richard BewersdorFfDATE Planning Manager hcu rplntmjrtvarlvar99-01.dec NOTICE of TYPE I DECISION VAR 99-0001-NEIGH'S AT BULL MNT. NO. 2 SETBACK ADJUSTMENTS PAGE 3 OF 3 i i "HEIGHTS N0. r D " LOT 121' 2 S.W. TUSCANY STREET - 50M, 589'55"56"W M89'55`56"E ,ii 112, n 50:00' o 5,000 SF o p 0 a ~ c 5.58' 0 CL 113 4.42' 13 w 0 122 4.40' 120 c~ f Q ~ ~ .55" ° 6.45' o 0 01 ( 121 0 a - 5,000 SF p 50:00' Z.~ 0. 50.001' MILAN LANE 589'55'56"w 589*5V56''W - CASE NOW CASE RAMEISI: VAR 99-0001 SITE PLAN + EXHIBIT FAAP N HEIGHTS AT BULL MOUNTAIN NO.2 SETBACK ADJUSTMENTS a Kati GftAPN56 lHFtfn td AF5.3H IN w sw c c 1 { i LN os"AK RC?At3 t ~ N s\N • tyy 1 4 140 Z40r~°~ 111 1~~:' ~ ~ f~YC 4t ~:43ttj anarat turaIIx+anH atie M-y-__._ ~ ? T`(~~* ~ tnWitinat~on an this ~ ~s Daia%~ant 5azvtFr~s AYulsmn- + 1 i'4 tiRedYn i 9 ;heutd Aa va 11135 5W tta.6tvd StSar.) 97221 ~j f! t k cs}iz991Ttaru~ c1t I