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VAR2002-00051 Decision - PETERSON CONST. SETBACK ADJ. I NOTICE OF TYPE II DECISION "URBAN SERVICE AREA" �'F•I I! VARIANCE (VAR) 2002 -00051 CITY OF TIGARD PETERSON REAR YARD SETBACK VARIANCE Community Development Shaping Better Community 120 DAYS = 4/29/2003 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: PETERSON REAR YARD SETBACK VARIANCE CASE NO: Variance (VAR) VAR2002 -00051 PROPOSAL: The applicant requests approval for a variance from the required 15 -foot rear yard setback standard to allow the construction of a deck. The subject site is identified as Lot 101 of Hilishire Creek Estates No. 3 Subdivision. APPLICANT: Gary Peterson Construction OWNER: Same Attn: Gary Peterson PO Box 5202 Aloha, OR 97006 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: Residential, 12 Units Per Acre; R -12. The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. LOCATION: 14693 SW Fern Street; WCTM 2S105AD; Tax Lot 11000. ZONE: R -12; Medium - Density Residential District. The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of 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 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 noted in Section IV of this decision: NOTICE OF TYPE II DECISION VAR2002 -00051 — PETERSON SETBACK VARIANCE PAGE 1 OF 4 1 • SECTION III. BACKGROUND INFORMATION Site History: Subdivision approval was granted by Washington County on 9/3/99. No other land use decisions could be found. However, rear yard setback variances have been approved for other lots within this subdivision under VAR1999- 00023. Vicinity Information: The property is located on the southeast side of SW Barrows Road. Site Information and Proposal Description: The subject properties have frontage on SW Fern Street. The property is part of the Hillshire Creek Estates #3 Subdivision. The requested variance is for the purpose of constructing a deck on the back of the house. The deck would encroach a maximum of 10 feet into the 15 -foot rear yard setback. An open space tract is located behind the subject lot, thus, creating a significant buffer between the lot and the nearest properties. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Approval Process and Standards. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; According to the site plan, the lot in question backs up to a 50 -foot buffered wetland. Therefore, the property will not affect or pose any impact to the surrounding homes and will not conflict with applicable policies and standards. Therefore, this criterion is satisfied. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control and which are not applicable to other properties in the same zoning district or vicinity; The applicant states: The lot in question has steep slopes in the rear yard. The grade of the land makes the backyard of the home unusable. However, if a deck can be constructed on the rear portion of the home, it would provide the property owner with the ability to make better use of this portion of the property. The applicant is requesting the ability to construct a deck that will enable the home owner to use the rear portion of the property to the greatest extent possible while still maintaining a reasonable structural setback. Given the nature of the request, Staff finds that because of the setback and the natural topography of the lot, no other option is available. Therefore, this standard has been met. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The requested variance does not propose a change of use and allows economic use of the land by allowing more "living" area. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; A sensitive area and a required 50 -foot buffer exist outside the lot area. The requested variance is to reduce the rear yard setback to five feet within the buildable lot area for a deck. Therefore, this variance will have no adverse effect on the sensitive area and has satisfied this criterion. NOTICE OF TYPE II DECISION VAR2002 -00051 - PETERSON SETBACK VARIANCE PAGE 2 OF 4 if The hardship is not self - imposed and the variance requested is the minimum variance, which would alleviate the hardship. The applicant has no control over the topography of the site. Sensitive areas within this development have already been placed in separate tracts from the buildable lots. The layout of the development was designed to create a project that was economically feasible yet sensitive to the site's existing conditions. The applicant did not consider the need for the variance at the time of subdivision application. Had the need for the variance been foreseen at that time, the applicant would have included the request as a part of the original development application. The need for the variance did not become apparent until further into the development process. The 10 -foot variance would reasonably allow for the construction of a deck on the rear portion of the home. SECTION V. OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed the proposal and has no objections to it. The City of Tigard Public works Department has reviewed the proposal and has no objections to it. The City of Tigard's Urban Forester has reviewed the proposal and has offered the following comments: Are there impacts to any of the existing trees? • Are any trees being removed during the construction of the deck? Tualatin Valley Fire & Rescue Fire Marshall has reviewed the proposal and has no objections to it. SECTION VI. AGENCY & CITIZEN COMMENTS No comments were received. SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 23, 2003 AND EFFECTIVE ON FEBRUARY 07, 2003 UNLESS AN APPEAL IS FILED. NOTICE OF TYPE II DECISION VAR2002 -00051 - PETERSON SETBACK VARIANCE PAGE 3 OF 4 Areal_: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type Ill Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in a a the Notice of Appeal may be submitted by any party during the appeal hearing, subject J to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 06, 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 23, 2003 PREP A ' 0 B Mathe 'c DATE Assistant Planner - • 0111 January 23, 2003 APPROVED BY: Richard Bewr DATE Planning Manager i : \cu rp I n \mathew \va r2002- 00051. d ec NOTICE OF TYPE II DECISION VAR2002 -00051 — PETERSON SETBACK VARIANCE PAGE 4 OF 4 ` /fc Q C ITY of TIGARD TION SYSTEM / VICINITY MAP /,k % 4 Q ° ic ' , VAR2002 -00051 1 lit PETERSON VARIANCE a. • o �o 010 ,1 . .., . S ‘ i i .:,. lir Lao 1111 I / �f a fE 2 P • .; ■m rao p ,_ , _-- - I �.' m F EPV Y'. ® T T + -_ �/ S {s �� m libk*ocz\ J �9, � ' ' ' .f r. is t ∎ ;, WA O ii „.Elf-...V-1°-R-9- f WRH ` R i Ell 1111 Z t1 - f t Z A . M � Tigard Area Map / ! I Y I 111.1 111.1 III J v N • :• ►ii r E 0 1111 111?‹- DR SW — JENSHIRE 11111 a 0 100 200 300 Feet - - - -- 1 "= 259 feet 1111 • c roft m i 4 A . -rn um _ . ...u.d. 6 Oft City of Tigard. • J . I I p I nformation on this map is for general location only and A ' v A with the Development Services Division. e 1 should be verified I ' R s - ! J \ I I L l I Tigard, r ( � '-* _ ___ _ �I _ — 639 - http://wwww 63 w.ci.tiga._ _..us Community Deve, ;nt Plot date: Jan 3, 2003; C:\magic \MAGICO3.APR cm a norm • x d ) 5 < • \ y LL 0 • n \ < "!r .J 44 4 4 C IT Y OF TIGARD VAR2002 -00051 SITE PLAN PETERSON VARIANCE (Map is not to scale)