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VAR2003-00002 Decision - TUSCANY SUB. LOT 32 ADJUSTMENT N OTICEOF.TYPE IDECIS tea: ADJUSTMENT.;;(VAR 2003- 00002, CITY OF TIGARD TUSCANY LOT 32 SIDE YARD S ETBACK ADJ „USTMENT pm co ice ?ent r^ s r - � �. �S'�1111�y7 - t Ch er'e6, l4nl "E'` h,�C” D �..� ..a + �.�� 's 120 DAYS = 5/6/2003 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: TUSCANY SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2003 -00002 PROPOSAL: The applicant has requested a 20% adjustment to the side yard setback to reduce the setback from 10 feet to 8 feet to accommodate construction. The lot is required to maintain a 10 foot side yard setback because it is a flag lot. APPLICANT/ OWNER: Centex Homes Attn: Dave Cady or Andy Tiemann 4000 Kruse Way Place Building #2, Suite 300 Lake Oswego, OR 97035 LOCATION: 13945 SW Florentine Avenue; (Lot 32 of Tuscany Subdivision); WCTM 2S105CC, Temporary Tax Lot T0032. 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 Noticesis hereby . given that the City of igard .fDirector's designee ha °x 'APPROVED the above request subject 4o certain,n"ditions .of approval.. The findings and conclusions:°: on which e -:the decision is ? . W : are noted in Section> IV:.. VAR2003 -00002 - 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). TH APPROVAL S HALLBEVALIDiFOR� 18 MONTHS " FROM THE EFFECTIVEDATE OF THISDECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The property is bordered on three sides by single - family residences. The western edge of the property is undeveloped farmland that was recently brought into the UGB on December 12, 2002. The proposal is to intrude into the required 10 -foot side yard setback by 2 feet to accommodate construction of the proposed home. 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 an Adjustment to the side yard setback to allow the placement of the house. The required side yard setback is 10 feet because the lot is a flag lot, therefore, a 2 -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 structure to protrude into the side yard setback by two feet. The lots were created through the Tuscany Subdivision SUB2002- 00001. According to the applicant, the requirement to place a street connection to the western edge of this property forced Lots 31 and 32 to be smaller in size. Because this lot is a flag lot and the size of the lots would be further constrained by the 10 foot side yard setback, this request is the minimum relief needed to allow placement of the home. VAR2003 -00002 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION 4 The Adjustment will result in the preservation of trees, if trees are present in the development area; 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 size of the lot and the shared access between this lot and lot 31, there are no other reasonable alternatives to the placement or orientation 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 JANUARY 16, 2003 AND BECOMES EFFECTIVE ON JANUARY 17, 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. January 16, 2003 APPROVED BY: Brad Kilby DATE Associate Planner VAR2003 -00002 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION