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VAR2003-00095 Decision - TUSCANY SETBACK ADJUSTMENT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2003-00095 yali CITY OF TIGARD TUSCANY LOT 78 REAR YARD SETBACK ADJUSTMENT Community Development Shaping A Better Community 120 DAYS = 1/29/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: TUSCANY SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2003 -00095 PROPOSAL: The applicant has requested a 2 -3% adjustment to the rear yard setback to reduce the setback from 15 feet to 14 feet and 6 inches to accommodate construction. APPLICANT/ OWNER: Centex Homes Attn: Andy Tiemann 16520 SW Upper Boones Ferry Rd. #200 Portland, OR 97224 LOCATION: 13920 SW Venezia Terrace; (Lot 78 of Tuscany Subdivision); WCTM 2S105CC, Tax Lot 19500. COMPREHENSIVE PLAN DESIGNATION: R -7, Medium Density Residential. ZONING DESIGNATION: The subject property is within the R -7 Medium - Density Residential zoning 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. 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. VAR2003 -00095 - SETBACK ADJUSTMENT PAGE 1 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 Tuscany Subdivision (SUB2002- 00001). 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 property is bordered on all sides by single - family lots that were created in the Tuscany Subdivision Approval. The proposal is to intrude into the required 15 -foot rear yard setback by 6 inches to accommodate an error in construction. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.390 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 a 6 -inch adjustment to the rear yard setback to allow the placement of the house. The required rear yard setback is 15 feet. A reduction of this setback by up to 3 feet 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 structure to protrude into the rear yard setback by 6 inches. The lots were created through the Tuscany Subdivision SUB2002- 00001. According to the applicant, the building was measured erroneously and thought to have met the setback. The request to adjust the setback by 6 inches is the minimum relief needed to allow the home to remain in place. The Adjustment will result in the preservation of trees, if trees are present in the development area. VAR2003 -00095 - SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION All of the trees on the Tuscany site were removed to accommodate development of the site, and the developer is mitigating on site. This criterion does not apply. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. 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 error in measurement, and costs and time associated with pouring a new foundation, there are no other reasonable alternatives to the placement of the home 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 OCTOBER 7, 2003 AND BECOMES EFFECTIVE ON OCTOBER 8, 2003. 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. rL 4 dilby APPRO BY. October 7, 2003 DATE Associate Planner VAR2003 -00095 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION Y • II r vi CITY of 't \RD rill' T OEOORAPMIC INFORMATION SYSTEM 11 _ VICINITY MAP _ SW CATTAIL CT * ii&IIiii . WI VAR2003 -00095 TUSCANY ST T NY ST _ i IN TUSCANY SIDE YARD J W MILAN ' ST ,� i11 1 iii __ SETBACK ADJUSTMENT ■ Ji!(!L ■ _ i I I I I PALMERO _ LN q �- / EP ��. ; .� -....� ,A. MCIA 555 6IA �:J C' R NST C �, REEF kti ^f, RD .�� L_ .��- C1Bfd�......1 R !� &mum , / , SW HUS I T S ` = Tp ard Area Map Z SW COLONY PL N 3 co 100 200 300 400 Feet 1•= 311 feet Q ' SW COLONY PL • �w • D Aft o City of Tigard • •NY D: O IL C Information on Ihls map is for general location and ie .' i should be venhed with the Development Services Drv islon. SW COLONY CR 13125 SW HaII Blvd Tigard, OR 97223 (503) 639 -4171 http.t/vAwi.abgard.ores Community Development Plot date: Oct 7, 2003; C: \magic \MAGICO3.APR 4ilortgage Loan Inspection COUNTY OF WASHINGTON STATE OF OREGON !� ��d • LEGAL DESCRIPTION: LOT _B____ BLK. - , ! 1n `.. SUBDMSION: TUSCANY CLIENT: CENTEX HOLES I;'. 1 1N /J OB NO. ATTIC: � , ENGINEERS "> >: ,F ' 110 ' DATE 8/7/03 sou: • 1•= SURVEYORS / I HEREBY DECLARE THE STRUCTURAL WPROVEMEH1S TO THE ABOVE DESCRIBED PROPERTY TO BE SITUATE THEREON AS SHOWN. THERE ARE NO APPARENT ENCROACHMENTS BY OR AGAINST THE PROPERTY IN QUESTION, EXCEPT AS SHOWN. THIS LOCATION IS BASED UPON MONUMENTS FOUND. NO WARRANT( IS MADE AS TO THE CORRECTNESS OF SAID MONUMENTS AND NO UABEITY IS ASSUMED IF SAID MONUMENTS ARE IN ERROR. THIS DECLARATION IS MADE AT THE REQUEST AND FOR THE EXCU15NE USE OF THE TRANSACTION AND CLIENT NAMED ABOVE AND IS NOT TO BE USED FOR CONSTRUCTION PURPOSES, FUTURE TRANSACTIONS, LAND DIVISIONS OR BOUNDARY LOCATION. Q - SURVEYOR • • if • O w 80.00' �j 2 0/H I 1 '‹ I 45.0' P4 W m GARAGE E—I Q 25' - _ 0 -- a RESIDENCE b N 0 co 1.0' UND ER Up . • • , w o CON STRUCTION • Z J 2 o? - w k 3 5' . N U • 0• 0 45.0' _ 14.7' I 80.00' - LOT 78 CENTEX HOMES • 13920 SW VENEZIA TERRACE . TIGARD 4230 N.E. FREMONT STREET, PORTUINO OREGON 97213 (503) 284 -5896 FILE NO. II -8851