VAR2002-00031 Decision - MEYERS FARM ADJ. w
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2002-00031 i'i!
CITY OF TIGARD
REAR YARD SETBACK ADJUSTMENT Community Development
Slaping_A Better
Community
120 DAYS = 1/10/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: MEYERS FARM LOT 102 REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2002 -00031
PROPOSAL: The applicant has requested a 20% adjustment to the rear yard setback to
reduce the setback from 15 feet to 12 feet to accommodate construction.
APPLICANT/
OWNER: Synergy Homes, Inc.
Attn: Jerry Janeck
PO Box 5455
Beaverton, OR 97006
LOCATION: 16194 SW Pollard Lane; WCTM 2S108BC, Tax lot 10200
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:.
VAR2002 -00031 - SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITIONS" OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Meyers Farm Subdivision (SUB1999- 00002).
THIS APPROVAL SHALL BE VALID °FOR 18 M
FROM THE EFFECTIVE DATEOF THIS; DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is bordered on three sides by single - family residences. The proposal is to
intrude into the 15 -foot rear yard setback by 3 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 rear yard setback to allow the placement
of the house. The required rear yard setback is 15 feet therefore, a 3 -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 a feature of the structure to protrude into the rear
yard setback by 3 -feet. According to the applicant this is the minimum relief needed to allow
placement of the home.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2002 -00031 - SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
All trees on the site were removed during construction of the subdivision. There are no trees
to preserve, therefore, this criterion is inapplicable.
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 home, 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 SEPTEMBER 12, 2002
AND BECOMES EFFECTIVE ON SEPTEMBER 13, 2002.
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.
September 12, 2002
APPROVED BY: Brad Kilby DATE
Associate Planner
VAR2002 -00031 - SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION