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VAR2006-00051 Decision - KIMBALL HILL HOMES SETBACK ADJ NOTICE OF TYPE I; DECISION ADJUSTMENT (VAR) 2006-00051 11 KIMBALL HILL HOMES SIDE YARD SETBACK t t L ADJUSTMENT T I GR , f / � , 120 DAYS = August 10, 2006 SECTION I.. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: KIMBALL HILL HOMES SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2006 -00051 PROPOSAL: The applicant proposes to reduce the dimensional standard for the side yard setback of its property by approximately 20 percent, from 5 feet to 4 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: 15763 SW Huntwood Place; WTCVI 2S108DD, Tax Lot 12800 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 RE VIE W CRITERIA: Community Development Code Chapters 18.370, 18390 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 "rioted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE` DATE OF THIS - DECISION NOTICE OF TYPE I DECISION VAR2006 -00051 KIMBALL HILL HOMES SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject property is located on lot 3 of the Valley View Estates subdivision. The applicant proposes to reduce the dimensional standard for the side yard setback by 20 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 side yard setback by 20 percent, from 5 feet to 4 feet, which 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 side yard setback -by 20 percent to construct a deck which would serve as an alternative exit from the dwelling. A reduction of the dimensional standard by . 1 foot is the least required to achieve the desired effect of a 3 foot by 3 foot deck. Therefore, this criterion is satisfied. The Adjustment will result in the preservation of trees, if trees are present in the development area; • The proposed deck would be located on the south side of the building. The Valley View tree protection plan shows that no trees to be protected 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 side 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 - 00051 KIMBALL HILL HOMES SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3 The applicant desires to add a 3 foot by 3 foot deck at the side 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 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 APPRO /0•'Y• y Eng DATE Assistant Planner • • • NOTICE OF TYPE I DECISION VAR2006 -00051 KIMBALL HILL HOMES SIDE YARD SETBACK ADJUSTMENT • PAGE 3 OF 3 :w tt 111■ CITY of TIP GEOGRAPHIC IN FORR J SYSTEM VICINITY Op - •' /DGE RD VAR2006-00051 KIMBALL HILL ',..\\\\ / / HOMES ADJUSTMENT A WOODHUE ST 1�I 1 U. in W 2 • w 3 _ Ij Lc #I L$ ,� • . 4• N gr E NG R Tigard Area Map .. SW ROSARIO LN Illi . •4 STFRFF N ,. co 0 100. 200 300 400 Feet �. .. 1 " =327'feet _/ illi, 7 Q F TTGAI Information on this map Is for general location only and should be verified with the Development Services Dlvisloh. 13125 SW Hall Blvd Tigard, OR' 97223 TR'VnR i i (503) 639- 417.1'; http://www.c1.1igard.or.us i Plot date: Apr 13, 2006; C:\magic \MAGICO3.APR Community Development i. REVISION .. A 3'X6' DECK 41" ABOVE GRADE 8' PUBLIC UTILITY STREET EASEMENT TREE 8' PRIVATE SIDEWALK & o i N89'55'31 "E y EASEMENT PUBLIC UTILITY 4 N_ 104.21' N ,, 0 eb 21.13' ° T. Q / N00'04'29 "W 383 12.24' I f N89'58'23 "E - -I - - - - - -- -- r - - -- -- 46.00' 20 -0 I I o ° -� 115 -0 » _ o ir H J 38 ' , (f) o cn c N 00 ' 0026 'W 69 I o - J. 0 rn c,,, • ° - o —CONCRETE DRIVEWAY & I ° o r I20' -0" APPROACH 23' -0" 1 I 49.0 _ l UI"" -- I - C I N fr 3 ( , 92 - c STORM --1 O •\'`). °' -4 I N89'55'31 "E 1 'S'\'D. SEWER I / °- o _ S WATER 14' PRIVATE INGRESS SILT FENCING SIDEWALK & 0 PUBLIC UTILITY I 5' SIDEWALK EASEMENT ' 3'X3' LANDING 41" ABOVE GRADE 73 CITY OF TIGARD P Approved __._— _ _ __. _ [ ) Conditionally Approved [ For only the work as described in: PERMIT NO. See Letter to: Follow_ _ _ _ _ [ I _11_ j Attach ._..._..__•__._....__...__.._ [ I Address: 4 SCALE: 1 D VAP- DATE: 03/22/06 K I U B A L L H I L L HO VI E S PROJECT: VALLEY VIEW ESTATES LOT # 03 HOUSE PLAN #2773 6014 NE 124th COURT ADDRESS #15763 HUNTWOOD PLACE VANCOUVER, WA 98682 TIGARD, OR (360) 546 -5357