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VAR2004-00023 Decision - MONOGRAM CUSTOM HOMES �� .r �i - NOTICE OF TYPE I DECISION "URBAN SERVICE �� � � ° �` � v - k ,CITY OF TIGARD SETBACK ADJUST VAR) 200.4 00023 eQ uu1?evefopment;; ShhapingA Better, Co.T!!! M REAR YARD SETBACK ADJ 120 DAYS = 7/16/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: MONOGRAM REAR YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2004 -00023 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the rear yard setback from 15 feet to 12 feet. The adjustment is requested to avoid the steeper portion of the lot and to allow garage access from 161 Avenue. APPLICANT: Monogram Custom Homes OWNER: Same Attn: Bryan Noffz 406 8 Street Lake Oswego, OR 97034 COMPREHENSIVE PLAN DESIGNATION: Medium - Density Residential. ZONING DESIGNATION: R -7; 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. LOCATION: 14925 SW 161 Avenue; WCTM 2S108BC, Tax Lot 12400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice�is hereby glen that vthe timo rNi ty of Tigar ' ,d, Co Developm4en�Director esignee has AP P ROVED the ab oy z e request Thefi ndings and `concluslonsn which thedec is v"l'^,..yt �i rr s y r ti base I are noted m Section lV of this decision NOTICE OF TYPE I DECISION VAR2004- 00023 /MONOGRAM REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site History: The subject parcel is part of lot 35 of the Meyers Farm subdivision which was partitioned in 2003 (MLP2003- 00013). The partition was approved in the City of Tigard and is subject to the standard underlying zoning setback standards. There are no relevant conditions of those prior approvals that affect this request. Vicinity Information: The property at the intersection of SW 161 Avenue and Kessler Road, south of SW Bull Mountain Road. Site Information and Proposal Description: The 5,682 square foot property is rectangular in shape with the street frontage on two of four sides. The previous house was demolished in order to record the two lot partition. While the property has frontage on two roads, because one of the frontages is less than 75 feet in length, it is automatically considered the front yard for purposes of applying setbacks, based on the requirements of the development code. The applicant has requested the 3 -foot reduction to the rear yard setback in order to orient the house to face what is considered the side yard. This enables the garage to be placed on SW 161 with the least amount of slope to the street. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS RESIDENTIAL ZONING DISTRICTS (18.510): The development standards that affect this property are modified through the Planned Development Overlay, as shown below. TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES :STANDARD ` R ESS .ME3... EN S.,MM ... R.OfaiidaMMOripINAed§ Minimum Lot Size - Detached unit 5,000 sq. ft. 5,682 s.f. - Duplexes 10,000 sq. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 71.71 ft. - Duplex lots 90 ft. Maximum Lot Coverage 80% 40% Minimum Setbacks - Front yard 15 ft. 22.5 ft. - Side facing street on corner & through lots 10 ft. 13 ft. - Side yard 5 ft. 15 ft. - Rear yard 15 ft. 12 ft.* - Side or rear yard abutting more restrictive zoning district 30 ft N/A - Distance between property line and front of garage 20 ft. 20 ft. - Side Yard Setbacks for Flag Lots [TDC 10 ft. N/A 1 8.4 2 0.0 50 (A) (4) (e )]' Maximum Height 30 ft. Can be met Minimum Landscape Requirement _ 20% 60% Adjustment required. DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020.B.1.b provides that up to a 20% reduction of the dimensional standards for the side yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: NOTICE OF TYPE I DECISION VAR2004 -00023 /MONOGRAM REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested a 20% reduction to the required 15 -foot rear yard setback. This would reduce the setback from 15 feet to 12 feet. The "desired effect" is to orient the house toward SW 161 in order to face the garage on the street frontage with the least amount of slope. By "flipping" the house plan and orienting the house in the direction dictated by the setbacks (i.e. with the front door on SW Kessler) the footprint of the house would fit into the setbacks, however, this would place the driveway in the steepest area of the lot. The applicant's request is the least required to achieve the desired effect without a complete redesign of the structure. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are impacted by the proposal, the site contains no trees. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site; and The adjustment will affect the rear yard setback only. Emergency access from the streets fronting the property will not be affected. Therefore, this criterion is satisfied. There is not a reasonable alternative to the adjustment, which achieves the desired effect. To achieve the desired effect would require a complete redesign of the structure, or alternately requiring the house to face SW 161st. By placing the driveway on SW 161st would require extensive grading and would force the house to be a much hicher grade than the garage. A redesign of the house to front 161st while maintaining he garage placement on SW Kessler would likely place the entrance from the garage to the house in the rear, making for an incongruous interior arrangement of rooms. Neither of these options are reasonable alternatives. SECTION V. PROCEDURE AND APPEAL INFORMATION A rear yard 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 MARCH 26, 2004, AND BECOMES EFFECTIVE ON MARCH 27, 2004. 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. 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