Loading...
VAR1994-00013POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. ~__.~.~- - ZB --'����� SW ST 40) " STATE OF OREGON County of Washington City of Tigard depose and say: AFFIDAVIT OF MAILING ) ss. (Please print) That I am a , being first duly sworn/affirm, on oath, The City of Tig for That I served NOTICE OF PUBLIC HEARING FOR: ..I:That I served NOTICE OF DECISION FOR: 1...---' City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council ea%1112•ILlab A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked address shown on the Exhibit "A") was mailed to each named persons at the attached list marked exhibit "B" on the (Lt day of said notice NOTICE OF DECISION as he eto a tached, was bulletin board on the IP- day of in the United States Mail on the postage prepaid. *LAA—Ast, reared Notice Subsqribed and sworn/affirmed before me on the 19 OFFICIAL SEAL DIAREPLIELDEAKS ftIOTARYPUBLIC-OREGON COMMISSIONI40.006977 IITYCOMISSION EXPIRES SEPT. 7, .11.4.96 "SE-1,S=Se...--3:4S314a1.1t. \INC- cli-1-ci cnik6-Vex- OF NO Y PUBLIC OF EGON my Commission res: -7 day of tor n an appropriate and depot ited , 19 0 141 CITY OF TIGARD NOTICE OF DECISION FLEXIBLE SETBACK VARIANCE VAR 94 - 0013 ERNSTER - OWNER / APPLICANT APPLICATION: A request by E.J. Ernster for flexible setback approval to allow an addition of a carport to a single family home to project approximately 4 inches into the required five-foot side yard setback, thereby reducing the actual setback to approximately 4 feet and 8 inches. ZONE: R-25 (Residential, 25 units per acre). LOCATION: 13173 'SW Bouneff Street (WCTM 2S1 04AC, tax lot 9000). DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision was based are noted below: A. FINDING OF FACT 1. Site Information and Proposal Description The site is developed with a single-family residence which has access from SW Bouneff otreet. The applicant has requested flexible .setback approval to allow construction of a carport to be connected to the west side of the single-family residence. This would project four inches into the required side yard setback, thereby reducing the setback to approximately four feet and eight inches. The Community Development Code requires a minimum side yard setback of 5 feet in the R- 25 zone. 2. Agency Comments The City of Tigard Building Division and Engineering Department have reviewed the proposal and have offered no comments or objections. Utility providers will be provided with a copy of this notice of decision and will be able to request that the decision be amended or set aside if the requested flexible setback allowance would conflict with the provision of necessary services or with existing utilities. B. ANALYSIS AND CONCLUSION • Community Development Code Section 18.146.050 (A) allows the Director to approve a flexible setback variance to front, rear, side, and corner side yards of up to 20 percent provided the following standards are satisfied: 1. The reduction ,f the setback area established by the applicable zoning district shall be necessary to allow for the enlargement or remodeling of an existing building; 2. The garage setback to the front property line satisfies the requirements of the applicable zoning district; 3. The standards of Chapter 18.102, Visual Clearance, shall be satisfied; 4. The resulting lot coverage shall not exceed the maximum lot coverage; 5. The proposed building or addition shall not encroach upon any existing easements; 6 . When the proposed building or addition 'j,s within the rear yard, the setback adjacent to the r : =`tr property line shall be landscaped with sight obscuring plantings in accordance with the standards set forth in Section 18.100.080, Landscaping and Screening; and 7. Setback, buffering and screening requirements that apply when commercial and industrial zones abut a residential zone shall be satisfied. (Ord. 89 -06; Ord. 86 -08). A reduction from the required side yard setback is necessary in order to construct an addition to the existing home to the size desired. Since this additica is located on the side of the lot, neither the required 20 foot minimum garage setback or vision clearance requirements for driveways will be affected. The addition will be placed on an existing concrete slab and will not cause the site to exceed the maximum lot coverage limit of 80 percent for the R -25 zone. The applicant shall submit a copy of a Title Report. This report shall be reviewed for the presence of any easements on this property which might be in conflict with this proposal. The proposed addition is not within the rear yard and does not abut a commercial or industrial zone. Additional landscaping, buffering and screening will not be required. No detrimental off-site impacts are anticipated as a result of the requested reduction in the side yard setback. Therefore, staff finds the requested flexible setback variance meets the applicable criteria. It will not compromise purposes NOTICE OF DECISION - VAR 94 - 0013 - ERNSTER PAGE 2 • m w of applicable Code requirements, and should not have a detrimental effect on the use of the subject parcel or neighboring parcels. C. DECISION Based on the above findings and conclusions, the Planning Director's designee APPROVES Flexible Setback Variance VAR 94- 0013 subject to the following conditions: 1. Building permits must be obtained prior to construction of the residential addition. STAFF CONTACT: Jerree Gaynor, Building Division, 639- 4171. 2. Provide the Planning Division with a copy of a Title Report. This report will be reviewed for the existence and location of easements on the property, if any. STAFF CONTALT: Colin Burgett, 639 -4171. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE FINAL DECISION DATE NOTED BELOW. D. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: xx The applicant and owners xx Owners of record within the required distance xx The affected Neighborhood Planning Organization xx Affected government agencies xx Utility providers 2. Final Decision: THE DECISION SHALL BE FINAL ON 'd UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The de ,. dline for filing of an appeal is 3:30 p.m. on 4. Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. NOTICE OF DECISION - VAR 94 - 0013 - ERNSTER PAGE 3 • 1REPARED BY: Colin Burgett Assistant Planner • 4 1470 APPROVED BY: Dick Beweisdorff DATE Senior Planner _11-146-141 DATE NOTICE OF DECISION - VAR 94 - 0013 - ERNSTER PAGE 4 LEGIBILITY STRIP IILISHIRE DR 135TH AVE • -.A.,. • „ 777 2S104AC-008900 JAY MILLER BUILDER INC PO BOX 23291 TIGARD OR 97223 ' 2$104A0-09100 . ... ........ FOSTERf JAMES C AND NADINE ANNE 13249 SR BOUNEFF TIGARD OR 97223 2$104A3-12300 NELLSTEN, MARGUERITE A TRUSTEE- 131SO SW SWISH ST TIGARD 13173 SI TIGARD CR 97223 9a 97223 2S104AC-0900' . . . BENCHMARK LAND CO: 3400 SW GARDENVIEW PORTLAND OR 9722 S 2S104A3-12200 ..... ... . .. MCGLINCHY, LARRY J a • JANETTE 13192 SW BENISH ST TIGARD• OR 9722:P BERNALEMSREKEZE DATE: November 18 1994 FROM: Tigard Planning Department RE: VARIANCE VAR 94 -0013 ERNESTER LOCATION: 13173 SW Bouneff Street (WeTM 251 4AC, tax lot 9000) . A request for an Administrative Variance approval for a flexible- setback to allow the addition of a carport onto an existing . single family home to project approximately four inches into the normally required five foot side yard setback, thereby reducing the actual setback to approximately four feet and eight inches. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.56.050 (3) and 18.146. ZONE; R'25 (Residential, 25 units /acre) The purpose of the R -25 zone is to provide . for single- family attached and low and medium rise multiple-family residential units for .medium -high density residential deve lopment . Attached is the Site Plan and Notice of Decision for your review. If you wish to comment on this application or appeal this decision, we need your comments by Nom, 1994. You may use the space provided below or attach a separate letter to return your comments. If you are ab to esoond lr t v� d please phone the staff contact noted below with le your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171 . STAFF CONTACT: Colin Burgett PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. mmotemomenazIna Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: ear. s�1r�+� s�raor® s�a�.o FROM: Tigard Planning Department ' RE: VARIANCE VAR 94-0013 ERNESTER LOCATION: 13173 SW Bouneff Street (WCTH 251 4AC, tax lot 9000). A request for an Administrative Variance approval for a flexible setback to allow the addition of a carport onto an existing single family home to project approximately four inches into the =many required five foot side yard setback, thereby reducing the actual setback to approximately four feet and eight inches. APPLICABLE REVID CRITERIA: Community Development Code Chapters 18.56.050 (3) a 1 78.146. ZONE R-25 (Residential, 25 units/acre) The purpose of the A 26 zone is to provide for aingle-family attached and low and medium rise multiple-family residential units for medium-high density residential development. Attached is the Site Plan and Notice of Decision for your reView. If you wish to comment on this application or appeal this decision, we A:eed your comments by Nev. 28, 1994. You may use the space provided below or attach a separate letter to return your comments. If ou are unable to res ond b the above date please phole the staff contact noted below with your comments and cOnfirmyourecemeents in writing as soon as possible. If you have any questions regarding this matter, contact. the Tigard Planning Department, 13125 SW Hall, Blvd., Tigard, OR 97223. PHONE: 639-4171. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have Name of Person Commenting: Phone Number: TO ��� (451( RL4UEST FOR COMMITS DATE: November 18 1994 volerfersfflossgra FROM: Tigard Planning Department RE: VARIANCE VAR 94 -0013 ERNESTER LOCATION: 13173 SW Bouneff Street (WCTM 2S1 4AC, tax lot 9000) . A request for an Administrative Variance approval for a flexible setback to allow the addition of a carport onto an existing single family home to project approximately four inches into the normally, required five foot ;side yard setback, thereby reducing -the. actual setback . to approximately four feet and eight inches. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.56.050 (3) and 18.146. ZONE:. R -25 (Residential, 25 units /acre) The purpose of the R-25 zone is to provide for single- family attached and low and medium rise multiple-family residential residential units for medium -high density residential development.. Attached is the Site Plan and Notice of Decision for your review, If you wish to comment on this application or appeal this decision, we reed your comments by Nov. 28, 1994. You may use the space provided below or attach a separate letter to return your comments. Iff v unable to resporisily the above date please phone the staff contact noted, below with your comments and confirm your com::.. :,_ es in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Colin Buraett PLEASE C ex THE FOLLOWING ITEMS THAT APPLY: MINIMINCINETZNIIMMO We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter.. Written Comments: Name of Person Commenting: PROPOSAL DESCRIPTION FILE NO,a °;VAR 9�4- 0013' "* FILE TITLE: :ERNSTER APPLICANT: E.J. Ernster 13173 SW Bouneff ' Street. Tigard, Oregon 97223 REQUEST: A request for an Administrative Variance approval for a flexible setback to allow the addition of a carport onto an existing single family home to project approximately 4 inches into the normally required 5 foot side yard setback, thereby reducing the actual setback to approximately 4 feet and 8 inches. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters. 18.56.050.(3)(C) and 18.146. LOCATION: .;,13173 SW Bouneff Street. (WCTM; 2 O4AC, tax lot ;=9000)` R -25 (Multiple - family residential, 25 units per acre) The purpose of the R-25 zone is to provide for single - family attached and 7 ow and medium rise multiple - family residential units tdr medium -high density residential development. CIT: West CIT REPRESENTATIVE: list available upon request. PHONE NUMBER: CHECK ALL WHICH APPLY: X STAFF DECISION COMMENTS DUE BACK TO STAFF ON 1994 PLANNING COMMISSION DATE OF HEARING: TIME : 7 : 3 0 HEARINGS OFFICER DATE OF HEARING: TIME:7 :00 CITY COUNCIL DATE OF HEARING: TIME : 7 : 3 0. ATTACHMENTS VICINITY MAP NARRATIVE X SITE PLAN STAFF CONTACT: Colin Burg 639 -4171 PW CITY OF TIG ilp OREGON t ex to \e c , - \oc.c\z. ADMINISTRATIVE VARIANCE APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 1, GENERAL INFORMATION PROPERTY ADDRESS/LOCATIONy��'�< TAX MAP AND TAX LOT NO. () L Q) SITE SIZE PROPERTY OWNER /DEED HOLDER* c2' a-- iDDRES S i r rrrz .s' oNE CITY 45;eadla. ZIP'S APPLICANT* ADDRESS CITY ZIP 1. *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) muetsign this application in the space provided on page two or submit a written authorization with this application. ONE 2. PROPOSAL SUMMARY The owners of record of the subject property request permission for a Variance to the following provision(s) of the Community Development Code. (\C G t/kc *∎ock 0521P/13P Rev'd: 3/88 fe r CASE NO. OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: LATE: FOR STAFF USE ONLY 13 App ication elements submitted: ,1 (A) Amp at__Icn form (1) v" (B) Owner's signature /written authorization I1-(C) Title transfer instrument (1) (D) Assessor's map (1) (E) Plot plan (pre -app checklist) (F) Applicant's statement 8co,oier .(pre -app check list) (G) List of property owners and addresses within 250 feet (1) (H) Filing fee (` e °;Y. =' ) 53 0 DATE DET x :.4 INED T i BE COMPLETE: FINAL DECISION DEADLINE: COMP. LAN /ZONE DESIGNATION: N.P.O. Number: Approval Date: Final Approval of Conditions: Planning Engineering • 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: 4. Applicants: To have a complete application you will need to submit, attachments described in the attached information sheet at the :time you submit this application. 5. THE APPLICANT(S),SHALL CERTIFY THAT: A. The above reiuest does not violate any deed restrictions that may be ert attached to or im u • on the subject B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the attachments, applicants application, false. above statements and the statemen s n the plot plan, and exhibits transmitted herewith, are true; and the so acknowledge that any permit issued, based on this may be revoked if it is found that any such statements are D. The applicant has read the entire contents of the policies and criteria, and understands the or denying the application. DATED this day of the application, including requirements for approving 19 SIGNATURES of each owner (eg. husband and wife) of the subject' property, (KSL:pm /0737P) .y.,rww.xtq�..e*WF0+4:*b. % ;. PI ' �,�# i � Wi#it C $ is r P 1404,-,, 4. t A r.,i" "t Lt ' t;i1 ON i" i4 eri t „ t,r,Iti i .0111 ii'Jt4 t K. - , " . 1:1.M" i f31,.U1N1r i� . 1 " IH\11 �' t;� r } ? i 11.11\ 1 PR . �, 1't:1W4 t * 1- .. ( 1 -%1.4 .06 RP Ovit, Ylvi +S:Y i e el. Y. pne+ ki'N'N'p'+hr.^i,✓"M.�lk+f9y�'�N )"rKFe! 1011 +fit:1U 1 11; `D .Yr5t+4a ; <� s«�.r« Mawr. �+ �'+ w.. rarH' MWv• �w. eM+? 'tvrrµwN'9!yartax.....+r..•�:>,. .o Atilt ' i ; (..u✓..A'� 4.44vi,.r�YyiiYt �+:.iw ^Hwy =WAxtt^T^" ei'YeY^,iV. FAM ILV tE tR EI01 KITCHEN. BEQRIIOII DI NH GARAGE LIVIts Gi 2S104AC -08900 d..... JAY MILLER WILDER INC Po BOX 23291 TIGARD. OR 97223 M1 i" 2S104AC-09000`i BENCHMARK LAND CO 3400 SW GARDENVIEW PORTLAND 2S104AC -08100 FOSTER, JAMES C AND NADINE ANNE 13249 SW BOCJNEFF TIGARD OR 97223 2S104A8- 122.00 .........: MCGLINCHY, LARRY J' ' &' JANETTE 13192 SW, /3ENISH ST TIGARD OR: 97223 2S104AB- 12300 ........ ....e........ HELLSTEN, MARGUERITE A TRUSTEE 13150 SW BENISH 'ST TIGARD. OR 97223 WOO �. 90 ..X 1 •.Ir ® WO DIY AMID 4 SEE MAP $ q 4AA y 4700 2.69 '741. WASHINGTON COUNT I DEPARTMENT OF ASSESSMENT & TAXATION JUL 28 1994 ii FORS tille8 :`cti•1" r 00 EZig i?i'LY '§ Ion Miff Fab, 00 RELY N FOR ANY OTHER O ALA 4 E'. ARD 2S' 14A9 • .- ...� -,..� x. r..• +"�"'rr'���_. • ate, • a..t r ,. aa. ° w�n.', krt SW )YvT NE V4 SECTION 4 TbS R M I •i W.M. WASHINGTON COUNTY N!{iG4i0fY. SCALE I% IOU bw 2S ( 4AC . CANCELLED TAX LOTS 9200,10410% 2300, 167 700 17'I 2500 169 so. 2600 ▪ 170 6700 "' 210 6600 229 5900 • �rM65 240 75' 09 000.7e 6900 e 212 1051 7000* 213 SILO! 7200'; 215 6 74500 75 5300 197 ems, pc, 42Q0 186 4400 188 SEE MAP 2S 1 4AD dee M 2S i 4 eyes • !PT ER CoN Ts DATE: November 18 1954. FROM: Tigard Planning Department RE: VARIANCE VAR 94-0013 ERNESTER LOCATX0V.: 13173 SW Bounef f Street ' (WCTM 2S1 4AC, tax lot 9000) A request for an Administrative Variance approval for a flexible setback to allow the addition of a carport onto an existing single family home to project approximately four inches into the normally required five foot side yard setback, thereby reducing the actual setback to approximately four feet and eight inches. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.56.050 (3) and 18.146. ZONE, R -25 (Residential, 25 units /acre) The purpose of the R-25 zone is to provide for single - family attached and low and medium rise multiple-family residential units for medium -high density residential development. Attached is the Site Plan and Notice of Decision for your .review. If you wish to covalent on this application or appeal this decision, we need your comments by Nov , 19,94. You may use the space provided below or attach a separate letter to return your comments. Sf you are unable to res' and b the above data please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: Colin Bur e PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: WANNIROCIIPOIMIONOOM We have reviewed the proposal and have no objections to it. of our office. Please contact Please refer to the enclosed letter. Written Comments: Name of Person Commenting: , Phone Number: 3 ea w NOTIFICATION LIST FOR ALL APPLICATIONS 1. CXT (2) copies 2. CITY DEPARTMENTS Building Official /Dave S. City Recorder Engineering /Michael A. Facilitator /Jerree G. 3. SPECIAL D182 CTS irn District ick -up box) Tigard Water Department 8777 SW Burnham St. Tigard, OR 97223 Tualatin Valley Water District PO Box 745 Beaverton, OR 97075 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Tranap. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis "—"-Kevin Martin ®'° Mike Borreson ▪ Scott King - ---Fred Eberle 'City of Beaverton Jima Hendryx - Principal Planner Pd Box 4755 Beaverton, OR 97076 City of King City --City Manager 15300 SW 116th King City, OR 97224 City of Lake Oswego City Manager 380 SW A Lake Oswego, OR 97034 State Highway Division — Sam Humaidi PO Box 25412 Portland, OR 97225 -0412 5. SPECIAL AGENCIES oMIIIMMENIM General Telephone Engineering Office PO Box 23416 Tigard, OR 97281 -3416 NW Natural Gas Scott Palmer 220 NW Second Ave. Portland, OR 97209 TCI Cablevision of Oregon Linda Peterson 3500 SU Bond St. Portland, OR 97201 Columbia Cable (Frank Steno) 14200 SW Brigadoon CC. Beaverton, OR 97005 6. STATE AGENCIES Aeronautics Div. (ODOT) ® Division of State Lands Commerce Dept. - M.H. Park ▪ Fish & Wildlife PUC ▪ Dept. of Environ. Quality 7. FEDERAL AGENCIES Corps. of Engineers - ---Post Office CPO NO. m..,•, Parka & Recreation Board Police =Field Operations Long Range Planning /Carol oMMINSMIP Unified Sewerage Agency /SWH Program "°°"-° 155 N. First St. Hillsboro, OR 97124 Boundary Commission 800 NE Oregon St. 016 Suite 540 Portland, OR 97232 -2109 METRO - GREENSPACES PROGRAM Hui® (CPA's /ZOA's) 600 NE Grand Portland, OR 97232-2736 DLCD (CPA's /ZOA's) — 1175 Court St. NE Salem, OR 97310 -0590 Other City of Durham. 0"'-° City Manager PO Box 23483 -3483 Tigard, OR 97224 City of Portland ®°— Planning Director 1120 SW 5th Portland, OR 97204 ODOT ----Laurie Nicholson 9002 SE McLoughlin Blvd. Milwaukie, OR 97222 City of Tualatin PO Box 369 Tualatin, OR 97062 Portland General Elec. '°- Brian Moore 14655 SW Old Scholls Fry. Beaverton, OR 97007 Metro Area Communications Jason Hewitt Twin Oaks Technology Center 1815 NW 169th Place S -6020 Beaverton, OR 97006 -4886 US West ---- Pete Nelson 421 SW Oak St. Portland, OR 97204 Tri -Met Transit Dev. — Kim Knox 710 NE. Holladay St. Portland, OR 97232 DOGAMI OTHER mobalierawassesavemsnewr 8. OTHER Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, R. 324, Union Station Portland, OR 97209