VAR2006-00018 Decision - JUILFS SETBACK ADJUSTMENT A
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2006 -00018
JUILFS REAR YARD SETBACK ADJUSTMENT 1;140
120 DAYS = 5/26/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: JUILFS REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006 -00018
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 to an extension of a
covered deck
APPLICANT/
OWNER Frederick & Lois Jnilfs
16228 S.W. Cooper Lane
Tigard, OR 97224
LOCATION: 16228 S.W. Cooper Lane; WCTM 2S108BC, Tax Lot 08100 (Lot 81 of the Meyers
Farm Subdivision).
COMPREHENSIVE
PLAN
DESIGNATION: R-7, Medium DensityResidential District.
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 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 also permitted outright. Some civic and 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 subject to certain conditions of approval. The findings and conclusions on
which the decision is based are noted in Section IV.
VAR2006- 00018 - SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
The Adjustment will not impede emergency access. This project is in back of the lot; therefore, emergency
service can still access this dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired affect.
Because of the size of the home and lot, there are no other reasonable alternatives to allow for a 3 -foot
extension of the existing deck that would achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria 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 FEBRUARY 21, 2006
AND BECOMES EFFECTIVE ON FEBRUARY 22, 2006.
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 2 06
PRE ' • '' D BY: Kristie Peerman D
Planning Technician
VAR2006 -00018 - SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
% .
CONDITION OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the Meyers
Farm (SUB1999- 00002).
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The lot is located on south side of Copper Lane which is west of 161St Avenue. The proposal is to reduce
the 15 -foot rear yard setback by 3 feet.
SE CTION 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 has requested an Adjustment to reduce the rear side yard setback by 3 feet to allow the
extension of a covered deck The required rear yard setback is 15 feet therefore; up to a 3 -foot reduction
of this setback may be allowed provided the following criteria are addressed.
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 affect;
The adjustment is being requested to allow the extension of an existing covered deck to protrude into the
rear yard setback by 3 feet. According to the applicant this is the minim relief needed for the extension
of a covered deck plan on lot.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
According to the applicant, the adjustment would not adversely affect any trees on site, as there are no
trees present.
The Adjustment will not impede adequate emergency access to the site;
VAR2006 -00018 - SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
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City of Tigard
Information on this map is for general location only and
should be verified with the Development Services Division.
13125 Hall Blvd
Tigard, OR 97223
(503) 639-0171
http://www.ci.tigard.or.us
Community Development Plot date: Feb 21, 2006; C: \magic \MAGICO3.APR