VAR2005-00069 Decision - VALLEY VIEW SETBACK ADJUSTMENT N.OTICE�OF�:TYPE.:IDECISION
ADJUSTMENT VAR 2005 - 00069: „:471111'
VALLEY VIEW'LOT 10 REAR'YARD SETBAC inu OF eviro
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SECTION I. APPLICATION SUMMARY
- "URBAN SERVICE AREA"
FILE NAME: VALLEY VIEW LOT 10 REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2005 -00069
PROPOSAL: The applicant has requested an adjustment to the rear yard setback to
reduce thesetback from 15 feet to 12 feet to accommodate construction of
a new single family residence.
APPLICANT: Kimball Hill Homes
6014 NE 124 Court
Vancouver, WA 98682
OWNER: Same
LOCATION: 14869 SW Huntwood Court; WCTM 2S108DD, Tax Lot 13500.
COMPREHENSIVE
PLAN
DESIGNATION: R -7, Medium Density Residential.
•
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. 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. hereb ` Y . iven that: the City of_•Tigard'.Community' Developmen Director's designee• . has
9,
APPROVED the above.-reque "subject to "coLilry conditions of approval. The findings. and
conclusions on which::the deeisionis based are - -noted iin IV
VAR2005 -00069 VALLEY VIEW LOT 10 REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITIONS OF APPROVAL
1. Prior to issuance of any building permits, the applicant must attain approval for the
residence from the Tigard Building Division.
THIS; APPROVAL :SHALL :BE VALI DTFOrR 18 MONTHS
:FROM THE EFFECTIVE D ECISION .
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The site is located in the Valley View subdivision near the edge of the Tigard Urban Service
Area and is bordered by single- family residences. The proposal is to construct a single -
family residence that will protrude into the 15 foot rear yard setback by 3 feet. This reduction
is being requested due to the site's smaller size and corner lot setback restrictions.
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 has requested a 3 foot adjustment to the rear yard setback to allow the
placement of a residence within the required setback. Up to a three (3) foot reduction of this
setback may be allowed provided the following criteria are addressed. The applicant is
requesting 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 affect; •
The adjustment is being requested to allow the western elevation of the home to encroach
into the rear setback by three feet. This request is the minimum relief needed to achieve the
desired effect. Placement of the home any other way may require more adjustments. .
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no existing trees present on the site; therefore no trees will be adversely affected
by the adjustment.
VAR2005 -00069 VALLEY VIEW LOT 10 REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
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
effect.
The desired effect is to allow placement of the preferred house plan. The applicant is
proposing the encroachment along the western side of the property. Based on the Tigard
Development Code definition, the western boundary is the rear lot line. To a passerby this
boundary appears to be a side lot line. If this were an interior side lot line, the setback would
only be five (5) feet. The applicant is requesting a twelve. (12) foot setback and gives the
appearance of a larger than necessary setback. Due to the limitations of the site there is no
other reasonable alternative to reach the desired effect.
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 AUGUST 5, 2005
AND BECOMES EFFECTIVE ON AUGUST 6, 2005.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639 -4171.
a �� DATE
5, 2005
A �f ED BY: hery Caines D TE
Planning Technician
VAR2005 -00069 VALLEY VIEW LOT 10 REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
' 'W CI A R;D.
GEOGR I NFORMATION SYSTEM
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should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
. (503) 639 -4171
. http: /Awwv.ci.tigard. or. us ■
I Community Development • Plot date: Aug 5, 2005; C:\magic \MAGICO3.APR