MIS2006-00005 Decision - HARVEY ACCESSORY RESIDNTL UNIT a A
NOTICE OF TYPE I DECISION
ACCESSORY RESIDENTIAL UNIT (MIS) 2006 - 00005 1
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HENRY ACCESSORY RESIDENTIAL UNIT „ w
120 DAYS = 6/14/2006
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA”
FILE NAME: HENRY ACCESSORY RESIDENTIAL UNIT
CASE NO.: Accessory Residential Unit (MIS) MIS2006 -00005
PROPOSAL: The applicant is proposing to construct a new 2,405 square foot home with a 790
square foot, built -in accessory residential unit (ARU).
APPLICANT: Arthur Henry
P.O. Box 506
Beaverton, OR 97075
OWNER: Same
LOCATION: 15157 SW 119 Avenue; WCTM 2S110CA, Tax Lot 04500.
COMPREHENSIVE
PLAN
DESIGNATION: R 7; Medium Residential.
ZONING
DESIGNATION: R-7; 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 minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size
of 10,000 square feet. Mobile home parks and subdivisions are permitted
outright. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.710.
SE CTION 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.
MIS2006 -00005 HENRY ACCESSORY RESIDENTIAL UNIT PAGE 1 OF 4
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THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SE CTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located on the west side of SW 119 Avenue within the Emerald Heights
subdivision. The site is surrounded by detached single - family development. Some homes are on
acreage and others are within subdivisions. There are no trees on the site which slopes down to SW
119 Avenue. The site was created through a minor land partition of lot 2, Emerald Heights
(MLP2003- 00019) .
Proposal Description:
The applicant is applying to construct a new 2,405 square foot single - family dwelling that includes an
accessory residential unit. The accessory unit will be 790 square feet and provide a living space for
elderly family members.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
ACCESSORY RESIDENTIAL UNITS- APPROVAL STANDARDS: Section 18.710.020 contains
the following standards for approval of an Accessory Residential Unit request:
Section 18.710.020 - Approval Criteria states that an accessory residential unit is permitted
providing there is compliance with all of the following standards:
An accessory residential unit may be created within or as an addition to a detached single -
family dwelling. For the purposes of this chapter, "addition" means the sharing of a common
wall with the primary residence. A garage may not be converted to an accessory residential
unit unless it is rebuilt as part of the primary structure;
According to the plans provided the accessory dwelling unit is incorporated into the footprint of the
single - family residence. Elevations provided by the applicant show a front facade which will fit in with
the single - family character of the neighborhood.
An accessory residential unit may not exceed 50% of the size of the primary unit, up to a
maximum of 800 square feet;
The proposed accessory residential unit is a 790 scpmre feet. The single - family residence is 2,405 square
feet. This standard has been met because the addition does not exceed 50% of the size of the primary
residence nor does it exceed 800 square feet.
The number of residents permitted to inhabit the accessory residential unit is regulated by the
Uniform Building Code;
This standard will be reviewed by the Tigard Building Division, and in the event that the number of
residents exceeds that which is allowed, the Housing Inspector will be notified, and the condition will
be corrected.
MIS2006 -00005 HENRY ACCESSORY RESIDENTIAL UNIT PAGE 2 OF 4
Either the primary or accessory residential unit must be owner - occupied;
The applicant's narrative states that the owner will occupy the primary or accessory unit. Therefore,
this standard is met.
A primary residence in which an accessory residential unit has been created may have only one
home occupation.
Because this is a new residence, there are no home occupations on record. The applicant states that the
primary residence will have only one home occupation, but no application is on file at this time. This
standard has been met.
In addition to the number of parking spaces required for the primary residence, as established
in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This
parking space shall be paved and /or covered;
The primary residence is required to have one parking space. The accessory residential unit is also
required to have one parking space. The applicant's plan shows a three car garage and three additional
parking spaces in the driveway. One of the garage bays and space in front of the bay will be for the
accessory unit. Therefore, this standard is satisfied.
The front door of the accessory residential unit shall not be located on the front facade of the
primary unit unless the door already exists.
The front facade and door of the primary dwelling faces east. The plans indicate that the front door of
the accessory residential unit will be located along the southern elevation on the side of the structure.
This standard has been met.
There shall be compliance with all development standards established in the base zone.
According to the site plan, the residence meets all of the applicable setbacks of the R-7 zoning district.
FINDING: Based on the analysis above, Staff finds that the Accessory Residential Unit standards
have been satisfied.
SE CTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
An Accessory Residential Unit 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 FEBRUARY 21, 2006
AND BECOMES EFFECTIVE ON FEBRUARY 22, 20056
MIS2006 -00005 HENRY ACCESSORY RESIDENTIAL UNIT PAGE 3 OF 4
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.
0 1.r ■ g - erA-G " February 21, 2006
PREPARED B Cheryl Caines DAl'E
Assistant Planner
AIV? 113
February 21, 2006
APPROVED BY: Richard Bew-rsik f DATE
Planning Manager
MIS2006 -00005 HENRY ACCESSORY RESIDENTIAL UNIT PAGE 4 OF 4
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