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Hearings Officer Packet - 05/13/1996r • CITY OF TIGARD HEARING'S OFFICER MAY 13,1996 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 [3,0' c4nyone wishing to on speak an agenda item should sign on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call (503) 639- 4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ? Qualified sign language interpreters for persons with speech or hearing impairments; and ? Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE I OF 2 3/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst • CITY OF TIGARD HEARINGS OFFICER MAY 13, 1996 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ? VIRNIG DUPLEX Q • City of Tigard, Oregon CONDITIONAL USE PERMIT (CUP) 96-0003 The applicant requests the following development applications: 1.) Conditional Use approval to remove one-half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91- 0008) approval; and 2.) Variance approval to allow an 86-foot lot width whereas, the code requires a 90-foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single- family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 3/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst 9 0 • *City of Tigard 13125 SW Hall •Tigard,Oregon COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising • ? Tearsheet Notice Blvd. 97223-8199 • ? Duplicate Affidavit Accounts Payable:Terry • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tiga rd-T»a 1 at i nmimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the CUP 96-0001/VAR 96-0001 Virnia rn, ax Fxpan. a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: 2.1996 Legal Notice TT 8 4 ?CEu'V Ea dl l y 1996 "'IPY OF TIGARq The following will be considered by the Tigard Hearings Officer on Monday, Ma 1 1 at 7:00 P.M., at Tigard Civic Center - Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence sufficient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained n 97223, orlby calling Division at 13125 (503) 639.4171 S.W. Hall Boulevard, Tigard, Oregon PUBLIC HEARING: CONDITIONAL USE PERMIT (CUP) 96.00031 VARIANCE (VAR) 96.0003 VIRNIG DUPLEX EXPANSION The a plicant r °uests the following; development applications: 1.) Conditional Use approval to remove one-half of an existing duplex and construct an addition which is greater than 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91-0008) approval; and 2.) Variance approval to allow an 86-foot lot width whereas the code requires 90 foot lot width for a duplex in the R-4.5 zone. LOCATION': 11405 and 11407 S.W. Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single-family residential units, public support facilities, residential treatment home, farming, manufactured home, family day car, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.130, 18.134 and 18.164. C Subscribed and sworn pfore me this 2nd day of Mav.1996'° 1 f Notary P for Oregon My Commission Expires: AFFIDAVIT TT8473 - Publish May 2,1996. CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, MAY 13,1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 96-0003 FILE TITLE: VIRNIG DUPLEX EXPANSION APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 REQUEST ? The applicant requests the following development applications: 1.) Conditional Use approval to remove one-half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91-0008) approval; and 2.) Variance approval to allow an 86-foot lot width whereas, the code requires a 90- foot lot width for a duplex in the R-4.5 zone. LOCATION: 11405 and 11407 SW Lomita Avenue (WCTM 1S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.50, 18.130 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single-family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 96-0003 VIRNIG DUPLEX PROPOSAL/REQUEST FOR COMMENTS • • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER APRIL 22, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. a CUP 96-0003 VIRNIG DUPLEX PROPOSAUREQUEST FOR COMMENTS CITY OF AGARD HEARING4OFFICER SIGN-IN SHEET NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR City of Tigard, Oregon NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT Legibly) AGENDA ITEM #: 2.1 DATE OF HEARING: 5/13/96 Page 1 of FILE NAME(S): VIRNIG DUPLEX CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 96-0003 OWNER(S)/APPLICANT(S): SEAN VIRNIG LOCATION: 11405 & 11407 SW LOMITA AVENUE MAP(S) & TAX LOT(S) NO(S). W1S1 35DA, TAX LOT 3000 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE ---------------------- PROPONENT (For the proposal) OPPONENT (Against the proposal) (PRINT NAME/ADDRESS/ZIP 9 AFFILIATION) (PRINT NAME/ADDRESS/ZIP 6 AFFILIATION) Address: 11405 .5lsJ to ? Address: City: State: 02 7.'n ?M city: State in• Name: O y e; Name: 6 H ?b Address: •S 717-1 Address: ' 0 /6 City- 4`e State: Zip: ff -P /-Citv: State• _ Zin: Address: 52.1 S ? 9 4-?- Address: City. ?l 't+` 0 state. -&- 7.;n:,T77_Z-q city: State: .in• Name: Name: Address: Address: h: V ogin\p atty\signinho. mst BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding a request by Sean Virnig for a ) FINAL ORDER conditional use permit and variance for a ) duplex in the R-4.5 zone at 11405 & 11407 SW ) CUP 96-0003NAR 96-0003 Lomita Avenue in the City of Tigard, Oregon ) (Virnig) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to enlarge by more than 10% one of two dwelling units in an existing duplex in the R-4.5 zone. The applicant also requests approval of a variance to allow the duplex on a lot that is 86 feet wide rather than 90 feet wide as required for a duplex in the zone. A conditional use permit for the existing duplex was approved in 1991 (CUP 91-0008). At the hearing in this matter on May 13, 1996, City staff recommended conditional approval. The applicant accepted the recommended conditions. One witness testified in person in support of the application. LOCATION: 11405 and 11407 SW Lomita Avenue; WCTM 1 S 1 35DA, tax lot 3000 APPLICANT AND OWNER: Sean Vimig APPLICABLE LAW: Community Development Code Chapters 18.50, 18.106, 18.108, 18.130 and 18.134 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS The hearings officer incorporates by reference the background information in the Staff Report to the Hearings Officer dated May 1, 1996 (the "staff report") and the findings about the site and surroundings in the final order regarding CUP 91-0008. III. HEARING AND TESTIMONY A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on May 13, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Testimony. 1. Will D'Andrea testified for the City and summarized the staff report. 2. Ove Arvidson testified in support of the application. Mr. Arvidson requested that the staff report be included in the record. Hearings Officer final order CUP 96-0003 & VAR 96-0003 (Virnig) Page 1 3. Sean Virnig testified in support of the application. He accepted the staff report and recommendation without objections or corrections. C. Agency Comments. The hearings officer incorporates by reference the staff and agency comments in the staff report. IV. APPLICABLE REVIEW CRITERIA AND RESPONSIVE FINDINGS The hearings officer incorporates by reference the applicable review criteria and responsive findings in the staff report and the applicable review criteria and responsive findings in the final order regarding CUP 91-0008. V. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and vicinity. VI. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed use does or will comply with applicable development regulations of the City of Tigard except as otherwise authorized by those regulations, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the staff report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 96-0003 and VAR 96-0003 (Virnig), subject to the following condition: 1. The applicant shall apply for and receive approval of a building permit from the Building Department. THIS APPROVAL IS VALID ONLY IF EXERCISED WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE DECISION UNLESS EXTENDED PURSUANT TO CITY CODE. this 20th day of',NIay, 1996. Larry Epsteip; Hears Officer Hearings Officer final order CUP 96-0003 & VAR 96-0003 (Virnig) Page 2 Agenda Item: Hearing Date: • 2.1 5-13-96 Time: 7:00 STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON i i CITY OF TIGARD SECTION I: APPLICATION SUMMARY CASES: FILE NAME: VIRNIG DUPLEX EXPANSION Conditional Use Permit CUP 96-0003 Variance VAR 96-0003 PROPOSAL: The applicant has requested: 1. Conditional Use approval to remove one-half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91-0008) approval; and 2. Variance approval to allow an 86-foot lot width, whereas, the code requires a 90-foot lot width for a duplex in the R-4.5 zone. APPLICANT: Sean Virnig OWNER: Same 11405 SW Lomita Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density ZONING DESIGNATION: R-4.5 (Residential 4.5 Units, Per Acre). LOCATION: 11405, 11407 SW Lomita Avenue (WCTM 1 S1 35DA, TAX LOT 3000). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.106, 18.108, 18.130, and 18.134. STAFF REPORT CUP 96-0003 / VAR 96-0003 - VIRNIG Page 1 0 0 SECTION II: STAFF RECOMMENDATION: Staff recommends that the Hearings Officer find that the proposed Conditional Use/Variance will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: The applicant shall obtain a building permit from the building department. SECTION III: BACKGROUND INFORMATION Site History: The site was annexed into the City of Tigard on August 19, 1971. The existing structure had been previously designed as two living units and carried two addresses according to City records. There are no records in the building department files pertaining to the original duplex conversion or aesthetic upgrades. The property received Conditional Use/Variance approval (CUP 91-0008NAR 91-0014) to allow the existing structure to be used as a duplex on a lot containing slightly less than 10,000 square feet. No other development applications have been found to have been filed with the City. Vicinity Information: The subject site is surrounded on all sides by properties zoned R-4.5 (Residential, 4.5 units per acre). This residential area is substantially developed by single-family homes and duplexes. There are nine other duplexes (18 residences) located on SW Lomita Street between the subject site and the 90 degree westerly bend in SW Lomita Street. Site Information and Proposal Description: The site is approximately 9,902 square feet in size and is developed with asingle-story duplex and carport. A relatively large paved area is located on site in front of the residence and carport. The property is landscaped with lawn and a variety of shrubs. A number of mature deciduous and evergreen trees are present on the property. The applicant requests the following development applications: 1.) Conditional Use approval to remove one-half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91-0008) approval; and 2.) Variance approval to allow an 86-foot lot width, whereas, the code requires a 90-foot lot width for a duplex in the R-4.5 zone. STAFF REPORT CUP 96-0003 / VAR 96-0003 - VIRNIG Page 2 • • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to remove one half of an existing duplex and construct an addition which is greater than the 10% expansion limit imposed as a condition of approval of a previous Conditional Use Review (CUP 91-0008) approval. This use is classified in Code Section 18.42 (Use Classifications) as a Duplex. Code Section 18.50.040 states that a Duplex is a Conditional Use in the R-4.5 zone. Dimensional Requirements: Section 18.50.050 states that the minimum lot area for each duplex unit in the R-4.5 zoning district is 10,000 square feet. The average minimum lot width requirement in the R-4.5 zone is 90 feet. In 1991, a Conditional Use and Variance was granted on the property to allow a duplex on the 9,902 square foot property, whereas, the code required a minimum 10,000 square foot lot size. The applicant is requesting a variance to allow a lot width of approximately 86 feet, whereas, the code requires a 90 foot lot width for a duplex lot. This request is addressed in the variance section below. Setbacks: Section 18.62.050 states that for single-family dwellings the setbacks are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; garage - 20 feet. The maximum building height is 30 feet. Setbacks for'the proposed expansion will be reviewed during the building permit review process. However, the proposed plan indicates that the expansion can comply with applicable setbacks. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide adequate area for the needs of the proposed use. The site size and dimensions accommodate the proposed expansion. The applicant can satisfy all applicable setbacks and provide the required number of parking spaces. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The characteristics of the site are suitable for the proposed expansion because it is large enough to accommodate the expansion and does not contain significant physical hazards or natural features that would be adversely affected by the expansion. 3. All required public facilities have adequate capacity to serve the proposal. Public sewer and water are available to the site and have capacity to serve the site. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable provisions of the R-4.5 zone is fulfilled as noted above. STAFF REPORT CUP 96-0003 / VAR 96-0003 - VIRNIG Page 3 • • 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Neither of these sections are applicable. 6. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Duplexes: Section 18.130.150(C)(15) states that a duplex must meet the following additional dimensional requirements: 1. Lot size: 10,000 square feet. The property has previously received conditional use and variance approval to allow a duplex on this 9,902 square foot site. 2. Solar access requirements, Chapter 18.88. This section is not applicable as the proposal does not create an additional parcel. 3. The remaining dimensional requirements of the underlying zoning district. As indicated on the site plan, and as discussed previously, this section is satisfied. Variance: Section 18.134.050 contains the following general approval criteria for a Variance: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. The variance will not be in conflict with other City standards. The proposal will comply with all other City standards. The variance is only for a four-foot width of the existing parcel. The deviation from the code is minimal, and in effect, materially negligible. Further, it appears that the other duplex lots on SW Lomita only provide 70-foot lot widths, therefore, the subject site is providing a lot width which is in excess of its neighbors. 2. 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. The special circumstances which exist are the fact that: 1.) This is an existing site; 2.) For an undetermined period of time it possessed two addresses/living units; and 3) The property has received previous Conditional UseNariance approval to allow a duplex and a lot size which is slightly less than the minimum lot size required for a duplex. STAFF REPORT CUP 96-0003 / VAR 96-0003 - VIRNIG Page 4 3. 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 some economic use of the land. A duplex is allowed in the R-4.5 zone if approved through the Conditional Use process. It appears that the lot width requirement was simply overlooked during the previous conditional use approval. All other City standards will be maintained to the greatest extent possible, while permitting some economic use of the land. 4. 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 located as specified in this title. Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested as the property currently contains a duplex unit. The impact of this variance will be limited to a four-foot reduction in the required lot width. 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The lot size exists due to previous platting and is not due to any action taken by or made on behalf of the present owners. The applicant is requesting a variance only for a four-foot section of the lot width which does not meet the code standard. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. This section is satisfied because a new intersection requiring vision clearance will not be created by the proposed expansion. Minimum Off-Street Parking: Section 18.106.030.A.1 requires a minimum of two (2) parking space for each dwelling unit. As indicated on the site plan, four (4) parking spaces have been provided, thereby, satisfying this criteria. Access: Section 18.108.070(A) requires that single-family residential uses provide one driveway with a minimum access width of 15 feet, with 10 feet of pavement. This section is satisfied as the applicant is not proposing changes to the existing approved driveway. STAFF REPORT CUP 96-0003 / VAR 96-0003 - VIRNIG Page 5 • • COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on March 28, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. SECTION V: STAFF AND AGENCY COMMENTS Tualatin Valley Water District has reviewed this proposal and has offered the following comments: Developer to contact TVWD regarding water service - provide fixture unit data for remodeled duplex and new structure. Possibly may need larger meter (existing meter is located on SW 90th). May be desirable to relocate meter to SW Lomita Avenue adjacent to property. The City of Tigard Building Division, City of Tigard Engineering Department, Unified Sewerage Agency, GTE have reviewed this application and have offered no comments or objections. Z t/.., 1? Gam, . PREPARED BY: William D'Andrea sistant Planner APPROVED BY: Richard Bew dorff Planning Manager is\cu rpln\wi I I\cup96-03.dec May 1, 1996 DATE May 1, 1996 DATE STAFF REPORT CUP 96-0003 / VAR'96-0003 - VIRNIG Page 6 . .l - - - - 7 ` _ - - - - - - _ -- M - -- - . - - - - -- -? - - -I - _i :. f _ L. 1 ? 0, , I 7q - - - - I - .I 7. 3Z '-? ?? ? iv Ir ! f I ? ? „9 ? ? ' i ?.t ? I I ' i I a PLOT PLAN EXHIBIT MAP a? 119 0 Z Z z Q J a 0 a 0 l..L 0 U CASE NO. Conditional Use Permit (CUP) 96-0003 VIRNIG 1 T _L_I = 000 ST Cu 00 r Q CY) i Q CFEL-, >>> C: Q "0 Cu CY) LOMITA _? 0 U vicinity Map MG CUP 90-0003 Note: Map Is not to scale N 0 EXHIBIT A Z {" - • • CITY OF TIGARD CONDITIONAL USE APPLICATION NARRATIVE Regarding a request by Sean and Justine Virnig for a conditional use permit for an addition to the duplex in the R-4.5 zone at 11405 and 11407 SW Lomita Avenue in Tigard Oregon. 1. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4.5 zone on a lot containing slightly less than 10,000 square feet. The applicant proposes to remove one-half of the existing duplex and enlarge the square footage greater than the 10% limit of the minor modification criteria set out in CUP 91-0008. Also, a variance to the lot width. At a hearing on August 26 1991, the city staff recommended conditional approval as shown in CUP 91-0008. Location: 11405 and 11407 SW Lomita Avenue. WCTM 1S1 35DA, tax lot 3000. Applicant: Sean and Justine Virnig Property owner: Ove and Denise Arvidson and Sean and Justine Virnig COMPLIANCE WITH TITLE 18 (ZONING) 1. The proposed use complies with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R4.5 zone, and the lot and structure comply VAth the dimensional requirements of the zone except as noted below. 2. The proposed use complies with Chapter 18.102, because a new intersection requiring visual clearance will not be created by the proposed conditional use. 3. The proposed use complies with Chapter 18.106, because the applicant will provide 4 parking spaces on the site. 4. The proposed use will comply with chapter 18.108, because the drive to Lomita Avenue is at least 10 paved feet and vehicles can enter the street in a forward direction. 5. The proposed use complies with Chapter 18.130, because: a. The.site size, and dimensions accommodate the proposed use while preserving dxisting mature vegetation and minimizing the need to buffer the use by preserving an existing structure that is aesthetically compatible with adjoining residential uses. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated at the end of a block, it preserves an existing structure that minimizes the impact of building height, and does not contain significant physical hazards or natural features that would be adversely affected by development. c. Public sewer and water are available to the site and have capacity to serve the site. d. The applicable provisions of the R-4.5 zone is fulfilled as noted above. e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front yard exceeds 20 feet. g. The rear yard exceeds 15 feet. h. The side yards exceed 5 feet. 1. The East side exceeds the 20 foot easement j. Building height does not exceed 30 feet; therefore the building complies with section 18.50.050(A)(4), too. 7. Topography and drainage: The site slopes gently to the south. Storm water is directed to existing storm water features in Lomita Avenue. Drainage will not change if the applications are approved. 8. The site contains 9902.snuare feet, which is about 1% less than the 10,000 square foot minimum lot size required by Chapter 18.130. A variance to that section is warranted based on the variance approval in CUP 91-0008. -c l t _ A h t - - - _ . .- - - -! I - - -- - -- - m -- N I ' - - - --? - --- - - - - - --- CA n - - - ._ .? - ._ _ ?zA I Z ? - -64 t- -- -- _ _ _ - - - ?L 5- 4 I NU 7 5.A) L o i, ? = - - -- - - -- - - -- - - - -- -- - - - - - - .I--- 1 11100 ?l1125 - ,n s, I I I b5 1 11130 11155 ! I 'n tn i ST4 T I''N 11175 ;111160 m a' F I -m85 ,? . ,? 1 01 I t _ 4 11 ? ? +n m 'n ON 4 ? 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X5.1- 111560 F- 11575 'x11592 - Lrj 11595 .11600 1;587 ?, J 11'6 f rn I' Ib00 11625 Cj C,04 111620 116 2 2 11635 S.W. 11555 "' - to 1(640 11624 - (0 ` 11635 ` 11650 I ?\ m 4U 'n 11675 I W 0 .11675 u3i ' 11670 a 11670 h / o - "3 o - 11695 I - ?_ X9325 l 11690 0 11700 20 119 I ic 0 I I 5.100 1172 ?? ! tcv Ito - ?c+ ??. \ r o I 1 11734 150 11930 i? T+r_aQn PLAZA • • Y CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY H'^"nRINGS OFFICER 1. Concerning Case Number(s): CUP 91-0008 2. Name of Owner: Ove & Denise Arvidson Name of Applicant: Sean & Justine Virniq 3. Address 11405 SW Lomita Avenue City Tigard State OR Zip 97223 4. Address of Property: 11405 & 11407 SW Lomita Avenue Tax Hap and Lot No(s).: 1S1 35DA, tax lot 3000 5. Request: A reouest for Conditional Use aDDroval for a major modification to reconvert a single family home to a duplex. ZONE: R-4.5 (Residential, 4.5 units/acre) 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organisation X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON September 18, 1991 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. September 18, 1991 10. Questions: If you have any questions, please call the City of Tigard Planning Depa--tment, 639-4171. bkm/CUP91-08.B101 • RECEIVED PLANNING S E P 0 5 1991, BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding a request by Sean & Justine Virnig ) FINAL ORDER for a conditional use permit and variance for a ) CUP 91-0008 duplex in the R-4.5 zone at 11405 & 11407 SW ) VAR 91-0014 Lomita Avenue in Tigard, Oregon ) (Virnig) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4.5 zone on a lot containing slightly less than 10,000 square feet. The applicant proposes to use the existing structure as a duplex. The structure already contains two small, separable dwelling units. The applicant will renovate the structure, but does not plan significant structural changes. The property may have been used as a duplex when the City was incorporated, and, thus, could qualify as a nonconforming use. However, the nonconforming use could not be proved, because of lack of documentation of the use of the property as a duplex at and since 1961 and lack of any public permit or record of such use. Therefore, the possible past use of the property is not relevant to the conditional use permit or variance. At the hearing in this matter on August 26, City staff recommended conditional approval. The applicant accepted the recommended conditions with certain modifications. Two witnesses testified in person with concerns about the proliferation of duplexes in the area. Two other witnesses testified in writing in favor of the applications. LOCATION: 11405 and 11407 SW Lomita Avenue; WCTM 1S I 35DA, tax lot 3000 APPLICANT: Sean and Justine Vimig PROPERTY OWNER: Ove and Denise Arvidson and Sean and Justine Vimig APPLICABLE LAW: Community Development Code Chapters 18.50.040, 18.50.050, 18.106.030, 18.108.060 - .070, 18.130.040, 18.130.150, and 18.134.050 and Comprehensive Plan Policy 2.1.1. STAFF RECOMMENDATION: Conditionally approve EXAMINER'S DECISION: Conditionally approved H. FLNDLNGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 87 feet (east-west) by 114 feet (north-south) and contains 9902 square feet, based on the planimeter measurements by City staff. B. Site location : The site is situated north of the cul de sac at the north end of Lomita Avenue. Page 1 - Hearings Officer decision CUP 91-0008 & VAR 91-0014 (Virnig) r .,zm C. Existing uses and structures : The site was included in the original incorporated limits of the City in 1961. There is an existing one-story dwelling on the site. The dwelling was built in the early 196()'s. The record is not conclusive about what the structure was used for historically, although there is anecdotal evidence that it was used as two dwelling units or.as a dwelling unit and a beauty parlor in the past The record is conclusive that, when built or when modified at some point in the 1960's and/or 70's, the structure now contains two separable living units, each with its own kitchen, bathroom(s), bedrooms, and access. There is access between the two units through a door in a common wall, but that access can be restricted- The structure is roughly centered in the middle of the rectangular parcel. South of the structure is a paved area and detached carport and storage building. There is space within the carport for two vehicles. There is space on the pavement for storage of more than 2 additional vehicles. D. Proposed uses and structures : The applicant proposes to use the structure as a duplex after making appropriate renovations as necessary. No significant structural changes or enlargement is planned. E. Existing and proposed vegetation : The site contains large, mature conifer and deciduous trees and shrubs. No changes to landscaping is proposed if the applications are approved. F. Topography and drainage : The site slopes gently to the south. Storm water is directed to existing storm water features in Lomita Avenue. Drainage will not change if the applications are approved. G. Plan designation and zoning : The site is designated and zoned R-4.5 (Residential, 4.5 units per acre), H. Public services and utilities : The site is served by existing sanitary sewer and water line. No change in utilities is expected if the applications are granted. The structure already has separate electric meters for each dwelling units. L Streets and access : The site has direct vehicular access to SW Lomita Avenue, a cul de sac street that extends roughly 800 feet east and north of SW 90th Avenue. The street is improved to City standards except for sidewalks. J. Surrounding land uses : Land surrounding the subject site is used for one-story single family detached dwellings. However, there are 9 one-story duplex structures (18 dwelling units) abutting Lomita Avenue between the site and the 90' turn in that street, and there are apartments south of the 90' turn. The duplex structures begin about 300 feet south of the subject property. Page 2 - Hearings Officer decision CUP 91-0008 & VAR 91.0014 (Virnig) • UL APPLICABLE APPROVAL STANDARDS A. Title 18 (Zoning). 1. Section 18.50.040 lists Duplex as a conditional use in the R4.5 zoning district 2. Chapter 18.50 contains the following dimensional standards for the R-4.5 zone: Minimum lot size ........................7500 so. ft. Average minimum lot width ........... 50 feet Front setback ............................ 20 feet Interior side setback .................... 5 feet Street side setback ......................15 feet/20 feet for a garage Rear setback .............................15 feet Maximum building height .............. 30 feet 3. Section 18.130.140 contains the following standards for a conditional use: a. The site size and dimensions provide: (1) Adequate area for the needs of the proposed use; and (2) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. c. All required public facilities have adequate capacity to serve the proposal. d. The applicable requirements of the zoning district are met except as modified by this chapter. e. The supplementary standards set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Site Development Review), if applicable, are met f. The use will comply with the applicable policies of the Comprehensive Plan. 4. Section 1'8.130.150(C)(10) provides that dimensional requirements for a duplex are the same as for other structures in the underlying zone, provided the minimum lot size is 10,000 square feet 5. Section 18.106.030(A) requires two pariang spaces for each unit in a duplex, and one of those spaces must be covered. 6. Section 18.108.060 and .070 require a minimum 20-foot wide driveway to serve a duplex and require the driveway to be designed to allow traffic to enter the road in a forward direction. 7. Section 18.134.050 provides that a variance to the Code development standards may be approved if: Page 3 - Hearings Officer decision CUP 91-0008 & VAR 91-0014 (Virnig) a. The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies of the Community Development Code, to any other applicable ' policies or standards, and to other properties in the same zoning district or vicinity. b. 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; c. The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent possible, while permitting some economic use of the land-, d- Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic landforms or parks will not be adversely affected anymore than would occur if the development were located as specified in the Code; and e.. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. B. Applicable Comprehensive Plan Policies. Policy 2.1.1 requires that adjoining property owners, the local NPO and the general public be notified of and provided an opportunity to comment on the proposed change in use. IV. HEARING AND TESTIMONY A. Hearing. The Hearings Officer received testimony at the public hearing about this application on August 26, 1991. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall- B. Testimony. 1. Jerry Offer testified for the County and summarized the staff report He discussed the issue of the nonconforming use of the property, the lack of City records of its conversion to a duplex, and the date of incorporation of the property into the City. 2. Ove and Denise Arvidson spoke on their own behalf and Linda Walls testified in support of their application. Mr. Arvidson argued against a recommended condition requiring a building permit, because a building permit may not be needed to allow occupancy of the second dwelling unit; it is substantially complete and ready to occupy. Mr. Offer agreed, and suggested revised wording for the condition. He also argued against payment of the systems development fees, arguing they are costly, and the property has been used a duplex in the past Mr. Offer disagreed, because the property never was acknowledged officially as a duplex site; therefore, any fees that might have been owed for such use were not requested or paid. Mr. Arvidson also introduced photographs of the site and a letter from the homebuilder who built the existing dwelling there. Page 4 - Hearings 0,07cer decision CUP 91-0008 do VAR 91-0014 (Virnig) I Richard Murray and Martha Hockett testified against the conditional use permit, principally because they are concerned approval of a duplex on this property would be a precedent that would dictate approval of duplexes on the whole block. C. Agency Comments. The Building Department could find no rel-ord that the property was used as a duplex or that any fees were paid for the additional dwelling unit therefore, fees should be paid now. The Building Department also noted a building permit is required for the conversion of a single family dwelling into a duplex dwelling, and the permit in this case must comply with the existing Building Code. The Department also noted that Washington County must issue permits for any electrical work necessary for the conversion. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Zoning). 1. The proposed use complies with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R-4.5 zone, and the lot and structure comply with the dimensional requirements of the zone except as noted below. 2. The proposed use complies with Chapter 18.102, because a new intersection requiring visual clearance will not be created by the proposed conditional use. 4. The proposed use complies with Chapter 18.106, because the applicant will provide 4 parking spaces on the site, two of which are under cover, based on the photographs submitted by the applicant. 5. The proposed use will comply with Chapter 18.108, because the drive to Lomita Avenue is at least 20 feet wide and vehicles can enter the street in a forward direction, based on the photographs submitted by the applicant. 6. The proposed use complies with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving existing mature vegetation and minimizing the need to buffer the use by preserving an existing structure that is aesthetically compatible with adjoining residential uses. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated at the end of a block, it preserves an existing structure that minimizes the impact of building height, and does not contains significant physical hazards or natural features that would be adversely affected by development. However, if the unit is enlarged or replaced, impacts could be greater. Such expansion should not be permitted without an additional conditional use review to ensure potential effects of such development are identified and mitigated or are prohibited c. Public sewer and water are available to the site and have capacity to serve the site. d. The applicable provisions of the R-4.5 zone is fulfilled as noted above. Page S - Hearings Offccer decision CUP 91-0008 & VAR 91-0014 (Virmig) y. ' s C e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front yard exceeds 25 feet. g: The rear and side yards exceed 20 feet. h. Building height does not exceed 30 feet; therefore the building complies with Section 18.50.050(A)(4), too. 7. The site contains 9902 square feet, which is about 1% less than the.10,000 square foot minimum lot size required by Chapter 18.130. A variance to that section is warranted, based on the following findings: a. The variance is not materially detrimental, because it is so small as to be imperceptible to residents of the site and surrounding properties. It is consistent with the purposes of Chapter 18.027.010 to preserve existing housing stock, to promote more efficient use of existing infrastructure by increasing permitted density, and to provide for conditional uses through public processes like the one used in this case. b. Special circumstances apply to the site, because it is improved with a structure that is readily adaptable for use as a duplex without making material changes that could detract from its aesthetic character or appearance to the neighborhood. This is not common in areas with single family detached dwellings. c. The proposed use is permitted in the zone if approved as a conditional use. Other than lot size, the use complies with all other City standards. Therefore the variance maintains existing City standards to the maximum extent possible while allowing for a reasonable economic use of the property as a duplex. d. The impact of the additional dwelling unit on physical and natural systems is negligible, because of the small size of the unit and the structure in question. e. The hardship in this case is not self-created, because the applicant did not create the dwelling, and the variance is the minimum necessary to enable use of the existing structure as a duplex. B. Compliance with applicable Comprehensive Plan Policies. The proposed use complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed use. Page 6 - Hearings Officer decision CUP 91-0008 & VAR 91-0014 (Virnig) VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed use will not be significantly detrimental nor injurious to surrounding uses, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the Summary and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 91-0008 and VAR 91-0014 (Virnig), subject to the following conditions: CONDITIONS 1 THROUGH 3 SHALL BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT OR, IF THE BUILDING OFFICIAL DETERMINES A BUILDING PERMIT IS NOT REQUIRED, THEN BEFORE OCCUPANCY OF THE STRUCTURE AS A DUPLEX. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE BRAD ROAST, BUILDING DIVISION. 1. The applicant shall pay all unpaid development fees for the creation of a duplex from a single family detached dwelling. 2. The applicant shall submit plans to the Building Division showing the proposed alterations to the building or, if no alterations are planned, then the applicant shall submit plans deemed necessary by the Building Official showing the building complies with applicable requirements of the Uniform Building Code. 3. The applicant shall obtain permits and approval for any electrical installations from Washington County. 4. The applicant shall not expand the habitable floor area of the structure by more than 10 percent of its existing habitable floor area and shall not increase the height of the structure with an additional habitable floor unless the applicant first applies for and receives approval of a modification to this conditional use permit. THIS APPROVAL IS VALID ONLY IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION OR EXTENDED PURSUANT TO CITY CODE. Page 7 - Hearings O ffxer decision CUP 91-0008 & VAR 91-0014 (Virnig) 11100 11 .. _ '! 1125 '? ? _ ,n ,n i ? I t i I 1 b5 1{130 I IQ, 11155 S I 11175+11160 11185 ` j m I 3 co y/ 4 ' j? s I ?, I ?n ! m I ?n I o Ciy 11215 in li3" '. N N N 1' ,G• as ST . 11255 Q' 71:-,t y ?j/?jAK07A, T%r%1? ? I It-230 - - / - ! 1124 5 I 1 /? i NU R T ri ?' -- - 1 11250 I "? J = ' 1 1128._ ` o1270 112-77 1 I Ilz? t 11250 f !1295 1 t- 11275 1 Itn'4. '121--4c` -? 11284 i 112701 65 11260 11285 t? . 1 II^t30 - ? 11280 i I 11300 Ilsol N I{2°_ 01 j I ? 1 -- 15 o' 1 11310 11300 w 4 - 11315 11325 1 131 o I 1 05 11315 I 11320 I I ? i 11330 X1333 cn 11324 111300 Q ? I ll?a1 11340 ! I'34S ` I I ?^ 11338 r I 1,33 335 . ? 113?? 1 1 !1360 II= I 1 / l 1363 ? 11407 I 1139() 114Q5 ?.c = i1375-- ' i 11400 1 - ?It3d5 1'v ."1390 j (1390 1? 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'f •'i+ 1Ji1 o`/i f- - /L ,~sttl ~~l f<Jll? .1 ar 1! / 1 r. / ~ _ rci. 16~ J %1~ `<'.+',/'1<ls.-.( 1 - 6 , . ~ . , : , • ~ ~ . 'r r r //r~ ~ / if r ~ ~ ~ r r, ,r f,' a, rr?r frr rr, Jr r s.~.c: •rrrr / //~,~r ?r !/r~r//,/ 1'i,f / J. r.J /I. / ~ rf %,//r't r 'i, rr'. / 'r f, s/frJ" e`~'/ /./,~/rr/,.` ',ff`'f,;.`,., "`I'~//~`"'~ fl~ /!fI'~i'r%/ 'r/ t~f//! ~1r / f+~+rr ~l. i~ ~`~~<r (503) 639-911~D ~p ~/fff ~ / ~ r/~1. ql 1(32 0 I. ' s, ' ' r + r / 'J'' f`r': .!1 r / R, /,'r'r~. J~ 'r 'r / r/~~/''r~! r ,x',7~ f / r ~ ~ / / / / ` ~ 0 / ,rrrr J + r>. i. °`+J ~ % r J !I ~J'/• / / / r / %f?, r ~ / ~f/ { / i,",r,r / ./f/ / l l/ i~, r . ~ ~ ~ ~w ~t,~ )2 ~TO~18244 r.. 'lfr//-/~,//r~r./r~r. 'l. .f/r/, I,r'i, r,///,~~/ 'r r 1~ j -r ~ , ~ b~YELOp~R "~Q Flo ~ ' 25.6r ` CarcN BAS,N ~ ~ . ~ ~ , ~ 89 AC PAYEMENr BRAD PINA3 ~N ~W ~t _ : ~ 1 .ti , , f > r r r c r t r _ < 1 f - a.-.; ; E _ ' i - ! r _ _ - ~ , TAPER 12225 5W. BARA+~ HILL LANE ~ LAICI: 05WEGG, GREGGN 91035 f ' _ _ ~ : _ - . 84 INSTALL CONCRETE r~ / i ~ I~' ~ 1503) 624-8192 51DEWALK AND STD. ~ - V / ' II ip Ix /f ~ / i ~ ~ CURB. (TYP) ` _ _ ~ ~~46i~ ~ , x ~ 511' IN>=0,@1„1,4 ~'1CN t ~ \ ~ ~ d,~ ~ ~ AG. 6' ROLLED CURB SHADED AREA REPRESENTS r ' ~IF ~ ~ ~ ~ _ 6 Lot 6UBDIvlSlGN / SHOWN OFFSET FROM fE NEW AC ONLY ' ; ~ ~ ~ ~ ~ 11125 9 W. 98th AvENUE r ~ FOR GLARITY...SEE ST. , ~ ; y z ~ TIGARD, GREGGN I 45'~ j R SECTION ' , / 1 n FJ TL. 130'0, TM 15.1W-35•CD t ~ 8 ~ ZONING = R•f2 f ~ ~ , ` i I 3 3050 M1N. LOT AREA t 3 ( ~ 1 K - ~ ~ U ' ~ A~.lGE ~ v1'~v~N KOvKI ~ ~ ~ ` 80 11735 5U1 98tH AVM' ' r , FUTURE CUL-DE-SAG ~ _ 6~ ~ 57R~E~' lN~OI2~~lAi'10N ~ ~ ~ -t GHOUJN FGR REF Nc GNLY. riGARD, OR 9`1223 , ~ ~ ,9 . ERE E / r ? ~ ! ~ \ r / r - r/ ~ ~ ~ 98TH 5T. ROW = 60' V ~ j + JACOB cr. RoW ~ 4(~~ Ali r ' ~ ~ ~ JACOB cr. AREA ~ 6,52,a ~ C ~ ~ s i X - ~ r/ d ~ ; ~.L~1 I~ ToTaL RoW DED. = 10,254 ~ . t ~ ~ ~ ' C ' ~ ~ ~~5 ~ ~ 6 ' ~ ` r . ~ ~ ~ ~ , , e`,~ Q I ~1 ~ ~.or ,~~~a5 ~ I-..:e.. o f_ 3 ~ rarnn.. ~ ~ r / fo-: i ~/x ~ ~ I i.Or I 6~?1 sq.ft. ~ (n ~ vJ f~~ ; - G~ ! ~ t.or a 30~o sq ft. -3 ~ / ! i J HATCH REPRE5ENr3 FUTURE , _ ,,f' t ~ l.Ol' 3 3m52 sq.ft. O ~ NT ON Y. r ~ % r / ~ r f ' DEvELOP E L , ' f. ' ~ ~ LOr 4 3018 sq.ft. ~ 1 i ~ ~ i ~ ~ ~ ~1t} ci ~ LOr 5 3172 sq.ft. ~ C`~ r ,f ~ LOr 6 4727 sq.ft. ~ ~ ~ , r , ~ ~ ,r, . / > r - uXi - rOra~. AREA ?4791 s .ft. r~ r r~ ~ / ~ ~ i -r . / s - , - ~ ~ AVER4GE LOr AREA 4050 sq.ft. , " 83) J / ~ r J , - r , / r Ir r t~ J ,r~ / / / / ,0 ~ . X~ ' ~ , > ~ i i' ~ ~ " ' • / . ~ ~ ~ ~ BA5l5 FOR ~L~vd~'ICN . . ~ ~ J / / ~ Q r ~ / ' ' , BM "1?7 ctrl' Ot= t1GARD f ~ / ~ / / V' ~ B.W. CORNER BW. BCOrr Cr, V I" r r / ~ , i~ ,F" AfVD B.UI. 98TH !N CURB, ~ ti r r f , r ~ ~ i J / - , ` ~ , ELEYArlON 194.1DI (3/f4/96> ~ ~ ~ ~ ~ ~ / ~ ' ~J I ; I / / ~ vi ,<< ~ ~ x - CENTER LINE ~ r 0 , ' `r . ~ ~ ~ PROPERTY LINE ~ o r ~ ,f ' ~ . ~ ~ ~ ~ " . D ~ ~ PROPERTY LINE PROPOSED ~ ; ~ ; ~ ~ / ~ x~-~ ; ~ ~ VICINITY MAP G ~ ~ r STORM LINE V ~ ~ ~ ~ i` ,,r~. - - - - - - - - - - ~ ~ ~ ~ ~ / 1--`. SANITARY SEWER LINE ~ ~ v ~ ~ ' f ~ I . l ; / / M, ~ / . r I paA ~ , Q - ~ i' WA1 ER LINE ~ , i, " ~ ~ f ~ ~ ~ ~ ~ ~ ~ ~J t ~r M CURB ~ A, ~ ' ` ,d r ' A ~ ~ r / % ~ n" i q ~ - - - - - - EX STORM LINE r ~ ~ ~ ~ r.~ EX WA(EH LINE I ~ C1TY 0~ rIGARD ~ - - - - - EX SANITARY SEWER LINE j ~ ~ f~' 40' , -z z FENCE i ` o ~ ® ~ .p ~ ~ ~ EX EDGE OF PAVEMENT ~ ww PAVEMENT t?r~u NEW FIRE HYDRANT 6' ~ a x s " EOP PuE GRASS-CRETE ITYP> ~C`~ rt, ~G l m • BLOW CFF 6 RgLLE~ Ac cum _5' anu ' .5' 8 5 • WATER METER y2 : ti` ~ M ~ ~ti~i ~ ~ 0 ~ 8,~0, MIh1_ y:l M \ .J 1 THRU5T BLOCK ~ ~ c LONDON Cr. i _ ~ ~ A f ~fiR~~ ~ ~ GATE VALVE Y8' WATER VALVE i'i" ct. 'C' Asplvi! Ccrcreta itectural Masonary Bfock ~ ~a1~G q~ sT i F~1?OJ~CT cL "a'tlephart ecncreta f0' architectural Masi 1' OV-09 $vb•Bass Rock 2' j/4'•0' CfUvhed Ro Cruehed Rock EXTCx' FIRE HYDRANT' V r1'•090ase Rock 4' 2'-0' 8aae Rock 8aae Rock ? _ 16203 ® CATCH BASIN NAMM5ie7NLVA0 SEC rle CP 3jUC r/CN 'A -A TREE JACOB COURT ST. SECTION Q xre POWER POLE 5 - ~ ~ ~~~h PROFfSJ' I r \~1 yG1Yg~, /0 ' t~ ~ 16 ~Zl y9 I ~ Epp l1-31-97 ~ f J~...- - - - OItEG01i _ 5,539 02'W ~a4 2T - - - - - - - - - : - - - - - - - - ____r ' ,,z, 0 - - - - ; , ~ `F~ ; Q _ _ 1g~ W - XIgT. DRIVEWAY WAY ~ ~c ACCO~P~ - ~ ~ ~ ~i - ~ ~ I - - ~ - t000D ~ ~ - ~ 18 ~ ~ - 8 ~ SNED ~ ~ \ 1 ~ \ 9~ X91 S ~ ` ~ T EXIT 19 - 0 ~ i~oU9~ s - I S ~ 8A ~ ~ ~ Y ~ ~ ~ ~ ~ ~ ~ ~ + ~ z Q ~ ~ , c93 PROVIDE 411 L1~ SEDIMENT SA,~2R1ER ~ d~ \ SEE DETAIL BELOIU.~ - ~ i ~ - - - ~ n , CONbiRUCT10N ENrRANCI=. , \ ~ _ 81:1± DETAIL B~1.01U. . ~ so 1 . ~ , r W `p6 ~ _ _ ~ - r ~i 1 1 ~ _ ' A ~ r ~ 5 ~ 1, - ' _ ~ 189 i ' U Z ~ i ~ , (1 ~a~ - n ~ ~ ~ ~ ~ , r ~ W ,~W., ~ I ' ~ ~ ~ ~ 18 ~ 3 0 J~ I~ N,Q ~ U ~ , ~ ~ ~ ~ 8~ "i ~ ~ ~ > > ~ \ .r~• ,P ~r ~ ~ ~ ~ 8j . _ I~6 _ ~ J ~ . ~ ~ ~ Q ~ " ~j ~ ~ l ~ ~t l ,~f` k - , ~ iu ~ X85 i, ~ _ ~ 1 m ~ ~ ~ ~ ~ ~ ~ ~u 4C 0 ~ ~ Q c ~ ~ . ~ . 1Q Q. _ ~ ~ ~ Ex1SrrNG GRADS ~ ~ ~ . ~4 U ~3 ~Q ti ~ ~ ~ . , a ~ ~ ~ ~ cJ~ _ ~ ~ Q ~ ~~'p i~ a ~~n~0 u m _ _ _ iu ~'Q o. ~ p ~ _ _ _ - - - . PRGF05ED• GRADE E- ' V ~IU J ~ . , z~ o~ E u ' ~~QJ . ~ . . , • , Ua~-~W Q•; w______~....~ I' d © a © ra rv e 1' • 20' N~ONTAL SCALE ~ IICAL ~a ~ ~ 16/1 (s~"E sxEEr r~ AL~Er+m ~ ~ ~ F~I.r~R FABR~c Qo~~~ ~ ~ P~' ~~~g~ ~ P 5rlrc~+t:~ trot nrc~+Eq LooPS .~\q~c~~~~ , , S0, ~ StRAIU GALES lt1'P) ~Q~ ~ ' ~ _~ii~, 1. The filter fabric Shall be urchased in a continuous roll cut ~ j p ~ A ~ ~ ~ k e d ~ ~ f pt=] to the len th of the barrier to avoid use of oints. When a~_:~----~' J ~ g ~ STRAW ~ STRAW BALE , ~ ~ 'oints are necessar ,filter cloth shall be s liced to ether ' ~ y p 9 - = ~ ~ I I ; u onl at a su' ' ort ost, u~ith a minimum 6-inch overly ,with i. - , Pp p p ~ A y N.~t . ~ ~ ac GROUND SURF c~ ~ SURFACE 0 " f''4 t , ~ ~ ~ ~ 'Q both ends secure) fastened to the ost. ; , p ~ . y ~ x ~ of .ri r y{ tl.. nr - ~ C1 w , 1 X t ~ 1 Q f the r Fabric fend shall be installed to olloW , . t.' f 2. The filte , ~ 6 mfr J~ R,~y~ MIN. 4 (Q`~i • 6 MAX - - - 2d'm(n ' c+ contours where feasible. BURY i3UR1' FABRIC ~ " ~ - ~ ~ CLEAN PIr RUN OR 2' MINU3 e i; C~ r m ~ l' + t BRA`?EL lGR LAQGER A5 NEEgEq) 3. Standard or heav dut filter fabric fence shall have , y ~ itched loo s for 2' x 2' ost installations. manufactured st p p 5~G1'ION ~ ~ ~ stitched loo s Shall be installed on the a hill Bide of ~L~VA1'ION p p the slo ed area. 8 MIN p ' U 4. Contractor shall remove filter fabric fences u~hen the have y PRO~I"cr a,orv~ri +h.?ir IIA,?~IlI [~urr~r79~? but not before the ubsloae area has been permanently protected and stabilized. EIR 16203 moommoo CON5T'RUCTI©N ENTRANCE 5. Contractor shall Inspect all erosion control devices NT NTS NT gN~~~ immediately after each rainfall and at least daisy during prolonged rainfall. Any required repairs shall be made 2 immediate) . y