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VAR2006-00049 Decision - KIMBALL HILL HOMES SETBACK ADJ r. NOTICE OF TYPE I DE CISIOIV ADJUSTMENT (VAR) 2006 00049 q KIMBALL HILL HOMES REAR YARD? SETBACK ADJUSTMENT T >I GA Ui • 120 DAYS = August 10, 2006 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: KIMBALL HILL HOMES REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2006 -00049 PROPOSAL: The applicant proposes to reduce the dimensional standard for the rear yard setback of its property by approximately 17 percent, from 15 feet to 12.5 feet, to allow for the construction of a deck which will serve as an alternative exit from the dwelling. APPLICANT: Kimball Hill Homes 4317 NE Thurston Way, # 100 Vancouver, WA 98662 OWNER: Same as above LOCATION: 15789 SW Huntwood Place; WTCM 2S108DD, Tax Lot 12700. 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 institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: CommunityDevelopment Code Chapters 18.370, 18390 and 18.510. 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 N. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION NOTICE OF TYPE I DEQSION VAR2006 -00049 KIMBALL HILL HOMES REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject property is located on lot 2 of the Valley View Estates subdivision. The applicant proposes to reduce the dimensional standard for the rear yard setback by 17 percent to allow for tie. construction of a deck which would serve as an alternative exit from the dwelling. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 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 requests a reduction of the dimensional standard for the rear yard setback by 17 percent, from 15 feet to 12.5 feet, which is less than the maximum allowed under the code. 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 applicant requests a reduction of dimensional standard for the rear yard setback by 17 percent tf construct a deck which would serve as an alternative exit from the dwelling. A reduction of the dimensional standard by 2.5 feet is the least required to achieve the desired effect of a 3 foot by 6 foot deck. Therefore, this criterion is satisfied. The Adjustment will result in the preservation of trees, if trees are present in the development area; An aerial photo shows that no trees are present in the development area. Therefore, this criterion is satisfied. The Adjustment will not impede adequate emergency access to the site; The proposed deck will be at the rear of the dwelling and, therefore, would not block adequate emergency access to the front entry or driveway. Therefore, this criterion is satisfied. There is not a reasonable alternative to the Adjustment which achieves the desired effect. • NOTICE OF TYPE I DECISION VAR2006 -00049 KIMBALL HILL HOMES REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 r y The applicant desires to add a 3 foot by 6 foot deck at the rear of the dwelling. There is no reasonable alternative which achieves the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION 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 APRIL 13, 2006 AND BECOMES EFFECTIVE ON APRIL 14, 2006 II Questions: If you have any questions, please call Emily Eng at (503) 718 -2712 or stop by the Current Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, OR 97223. April 13, 2006 'PRO =- ' • y Eng DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2006 -00049 KIMBALL HILL HOMES REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 � \\< CITY of TIGARD • T GEOJNFOR HIC SYSTEM •' /DGE RO • VAR2006 -00049 } / KIMBALL HILL \ / ; HOMES A WOO ST N. ADJUSTMENT • LLI ' _ 2 w L. I_ ,......= U � ( I SW SH• SI � RD Atli _A "S TEWKESBURY ,j___ N I_ ' G' 111 s. SW ROSARIO LN +' . ngardA ea Map . d STFRFF .\- N U) 0 100 200 300 400 Feet 1"= 327 feet III /46TH . S `�l I: . :TIGARD. Information on this map is for general location only and should be verified with the Development Services Division TR =VOR LfJ 13125 SW Hall Blvd .. Tigard, OR 97223 1 / (503) 639 -4171 http:l /www.cl.tigard.°roue Plot date: Apr 13, 2006; C: \magic \MAGICO3.APR Community Development 14' PRIVATE 8' PUBLIC UTILITY SIDEWALK & STORM EASEMENT PUBLIC UTILITY SEWER 5' SIDEWALK EASEMENT WATER • ' • • • N89'55'31 "E " INGRESS O I , � Io 92.00' 0 A c). / A D a . . o \ I____ F CONCRETE Z 52.67' DRIVEWAY & CC N - APPROACH C w d o r T ut, I[ HOUSE o o I ' cyl CA o 375 rn o f CA 12' -5" I I _, 4.00' I —1 is CA I STREET CC ,� [ ' - 52.42' - -- -� tI TREE 15 -5 Ilk - - 0 o ' - -' ---- F-- 0 0 D �6" N89'55'31 "E i ,�0 • ° _ 92.00 o �A 3'X6' DECK 80" ABOVE GRADE SILT FENCING Approved CITY OF TIGARD pp [ i Conditionally Approved [ ] For only the work as described in: PERMIT NO. See Letter to: Follow [ ] �� Attach _.-._�__ [ ] Job Address: By: EC, Date:alo SCALE: 1" = 20.0' DATE: 03/22/06 KIMBALL HILL HOMES • PROJECT: VALLEY VIEW ESTATES LOT # 02 HOUSE PLAN #3228 6014 NE 124th COURT ADDRESS #15789 HUNTWOOD PLACE VANCOUVER, WA 98682 (360) 546 -5357 TIGARD, OR