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VAR2009-000180 • 120 DAYS = 01/19/2010 SECTION I. APPLICATION SUMMARY FILE NAME: BAKER REAR YARD SETBACK ADJUSTMENT CASE NO.: Development Adjustment (VAR) VAR2009 -00018 PROPOSAL: The applicant requests an adjustment to reduce rear yard setback requirement by 20% to accommodate a minor addition to relocate windows and square off the room originally constructed with a diagonal wall to fit the home into the non - typical lot. APPLICANT: OWNER: Steve Baker 14938 SW 116"' Place Tigard, OR 97224 Steve Baker 14938 SW 116"' Place Tigard, OR 97224 ZONING: R -4.5: Low - Density Residential District.-The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 14938 SW 116``' Place, WCTM 2S110BD, Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION <Notce is Hereby given that th "e; City;of Tigard Community Development Director's designee has ax APPROVED the above request The findings and conclusions on which the decision is based are noted ui Section IU , <� r , VAR2009 -00018 Baker Rear Yard Adjustment Decision 092209 Page 1 • °< T =HIS APPROVAL -SA- BE'VALID FOR�18 MONTHS ' X FROM THE EFFECTIVE:DATE.rOEJHIS " "DECISION ;- SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the east side of 116`h Place and north of Beef Bend Road. Parcel 1 is a three sided lot with the residence built diagonally to the side yard setbacks, one of which includes a 20 ft. public utility easement. Due to the method of determining the rear yard on this lot and the original construction having been adjusted to fit the setback, the proposed addition to "square off' the rearmost room and realign the windows will require additional property to extend the rear yard (See LLA2009- 00007). The lot line adjustment will be adequate for a 12 ft. rear yard setback, so this interior setback adjustment to reduce the rear yard setback by 20% is being reviewed to accommodate this remodel. Site History: The subject property was approved as Lot 10 of Helm Heights Subdivision. Proposal Description: The applicant requests an adjustment to reduce the rear yard setback requirement by 20% to accommodate a minor addition to relocate windows, and square off the room originally constructed with a diagonal wall in order to fit the home into the non - typical lot. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft No change -Side facing street on comer & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft 12 ft - Distance between property line and front of garage 20 ft No change DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 20% reduction of the dimensional standards for the rear yard setback required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; VAR2009 -00018 Baker Rear Yard Adjustment Decision 092209 Page 2 I The applicant has requested a 20% reduction in the required rear yard setback of 15 feet. This would reduce the rear yard setback to 12 feet. All other setbacks will be adhered to. The adjustment is the least required to be able to construct the remodel and keep some passageway on the deck to accommodate a wheelchair. b. The Adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be removed due to this construction. C. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. There is no reasonable alternative to the Adjustment that will allow the proposed project. The shape of the lot and the placement of the residence leaves little to no room for remodeling. FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure 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. 1 �_ �" � k'THE3DE °CISION #IS. FINAL ON SEPTEMBER 22, 200.9 AND° - - g ; � � BECOMES EFFECTIVE ON SEPTEMBEER 23, 2009 : ^ ` ' Questions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. September 222009 Approved by: Darrel " ' Watkins Date Assistant Planner VAR2009 -00018 Baker Rear Yard Adjustment Decision 092209 Page 3 • • §l, Subject Site I r Ti g d f Information on this map Is for general location only and should be verified with the Development Services Division. V VICINITY MAP (� Map printed at 23 -Sep-09 04:22 PM VAR2009 -00018 ELEMAR CT k `� MAKES NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE CONTENT. ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF TH E CL DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES W THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. BAKER SETBACK W;� AQ a gCity 116 "T•D�►lPS 1T 503 639-4171 Z 222ft ADJUSTMENT §l, Subject Site I r Ti g d f Information on this map Is for general location only and should be verified with the Development Services Division. rJrr1 Scale 1:2,667 -1 in - 222 It (� Map printed at 23 -Sep-09 04:22 PM DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD Q MAKES NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE CONTENT. ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF TH E CL DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES W THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. of Tigard JJ�� AQ a gCity 116 "T•D�►lPS 1T 503 639-4171 Z 222ft ..tigardor.gov, LOT 2 PROPOSED w PROPERTY LINE ADJUSTMENT LOTS 10 AND 11, HELM HEIGHTS CITY OF TIGARD, WASHINGTON COUNTY SCALE 1" = 50 Feet $ ° $53g$ s °o. LOT 9 LOT 10 ss. • OLD AREA =9605 SQ.FT. NEW AREA =10039 SQ.FT, t OLD PROPERTY UNE s � z6Jy. �F LOT 1 PREPARED BY.- BENTHIN ENGINEERING, P.O. BOX 100 SHERWOOD, OR 97140 �503 625 -6918 50 625 -1616 FAX LOT 9 S31'00'007E J1 0.00' LOT 11 OLD AREA =27422 SQ.FT. NEW AREA =26988 SQ.FT. PROPERTY LINE CITY OF TIG Approved............... .................. ,jnditionslly Appro .................... I For only the w 6 dVri ed in: Pc_gMIT N See !r r to: Follow .................... [ l Att h • ...j... .�....... C ah Ad ss; .G. REGISTERED PROFESSIONAL LAND SURVEYOR jW 1% is" ANTHONY C. BENTHIN EI(P RB 12/31/09 r M PREPARED FOR. 14 38 SW 116TH PL TIGARD, OR 97224 E L J it AFFIDAVIT OF MAILING Rk r Ir MARD I, Patricia L. Lunsford, being first duly sworn/affimz, on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: {Ch-kAppp—Bc.QU .i n NOTICE OF DECISION FOR VAR2009- 00018 /BAKER SETBACK ADJUSTMENT (F& NoJName Reference) AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit'.' X, and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit "B" , and by reference made a part hereof, on September 24, 2009, and def—osi–i'e64k the United States Mail on September 24, 2009, postage prepaid. that STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC - OREGON COMMISSION NO. 416777 MY COMMISSION EXPIRES APRIL 25, 2011 day of SCP" ER 61 4 '2009. J" 'k J�td NOTARY PL19LIC OF OREGON My Commission Expires: (11A111 l • • EXHIBIT. NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT (VAR) 2009 -00018 BAKER REAR YARD SETBACK ADJUSTMENT 120 DAYS = 01/19/2010 SECTION I. APPLICATION SUMMARY FILE NAME: BAKER REAR YARD SETBACK ADWSTMENT CASE NO.: Development Adjustment (VAR) VAR2009 -00018 PROPOSAL: The applicant requests an adjustment to reduce rear yard setback requirement by 20% to accommodate a minor addition to relocate windows and square off the room originally constructed with a diagonal wall to fit the home into the non - typical lot. APPLICANT: OWNER: Steve Baker 14938 SW 116'' Place Tigard, OR 97224 Steve Baker 14938 SW 116t' Place Tigard, OR 97224 ZONING: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 14938 SW 116`h Place, WCTM 2S110BD, Tax Lot 03300. 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. VAR2009 -00018 Baker Rear Yard Adjustment Decision 092209 Page 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the east side of 116``' Place and north of Beef Bend Road. Parcel 1 is a three sided lot with the residence built diagonally to the side yard setbacks, one of which includes a 20 ft. public utility easement. Due to the method of determining the rear yard on this lot and the original construction having been adjusted to fit the setback, the proposed addition to "square off' the rearmost room and realign the windows will require additional property to extend the rear yard (See LLA2009- 00007). The lot line adjustment will be adequate for a 12 ft. rear yard setback, so this interior setback adjustment to reduce the rear yard setback by 20% is being reviewed to accommodate this remodel. Site History: The subject property was approved as Lot 10 of Helm Heights Subdivision. Proposal Description: The applicant requests an adjustment to reduce the rear yard setback requirement by 20% to accommodate a minor addition to relocate windows, and square off the room originally constructed with a diagonal wall in order to fit the home into the non - typical lot. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft No change -Side facing street on corner & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft 12 ft - Distance between property line and front of garage 20 ft No change DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 20% reduction of the dimensional standards for the rear yard setback required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; VAR2009 -00018 Baker Rear Yard Adjustment Decision 092209 Page 2 The applicant has requested a 20% reduction in the required rear yard setback of 15 feet. This would reduce the rear yard setback to 12 feet. All other setbacks will be adhered to. The adjustment is the least required to be able to construct the remodel and keep some passageway on the deck to accommodate a wheelchair. b. The Adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be removed due to this construction. C. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. There is no reasonable alternative to the Adjustment that will allow the proposed project. The shape of the lot and the placement of the residence leaves little to no room for remodeling. FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure 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. THE DECISION IS FINAL ON SEPTEMBER 22, 2009 AND BECOMES EFFECTIVE ON SEPTEMBEER 23, 2009. Questions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. LAI September 22, 2009 Approved by: Darrel "Ffael Watkins Date Assistant Planner VAR2009 -00018 Baker Rear Yard Adjustment Decision 092209 Page 3 i- I LOT 2' PROPOSED 0 PROPERTY LINE ADJUSTMENT LOTS 10 AND 11, HELM HEIGHTS CITY OF TIGARD, WASHINGTON COUNTY SCALE 1° = 50 Feet 'oo LOT 9 00. LOT 10 ss OLD AREA =9605 SQ.FT. S31'00'00*E NEW AREA =10039 SQ.FT. 10.00' LOT 9 t OLD PROPERTY UNE A�y�� LOT 11 OLD AREA =27422 SQ.FT. �. NEW AREA =26988 SQ.FT. PREPARED BY.- BENTHIN ENGINEERING, P.O. BOX 100 SHERWOOD, OR 97140 P 03 625 -6918 0 625 -1616 FAX �-4 EW PROPERTY UNE !y C rV OF TOO k v,sD JJ Approved ............... ------- - ---- - - - - -• [ Conditionally Appro% .................... [ For only 411e w►a ' o d®ecnt�ed in: �s i0 Pc9MIT N _0 -2 f�� See L • r to: Follow ....................... [ ) Apt 4�p LOT 1 �F ob Ad e�; ✓'�' �'' 2 REGISTERED PROFESSIONAL LAND SURVEYOR c < ri jW1%19" ANTHONY C. BENTHIN EXPIRES 12/31 PREPARED FOR: STEVE BAKER 14938 . SW 116TH PL TIGARD, OR 97224 GENERAL INFORMATION ADJUSTMENT 'I'YI'E I AI'I'LICATIOIV City of Tigard Per Center 93125 SWI Hall Blvd., Tigard, OR 97223 Phone: 503.639.4171 Fax: 503.598.1960 Property Address /Location(s): 1 4. 9 3 B 5 •w - t% 6 el . Tax Map & Tax Lot # (s): L <) + J D H'66, H le 1r-t1 +S 2$ l l m 9') — 0 3300 Site Size: (3-7-7- Applicant *: Address: 1 4-x13 b S.I.J_ \ %la @l . City/State: T; GALLO CO... Zip: yi -i ti-L 4-- Primary Contact: ST 11 V T FAKER Phone: 5O3 - 33© $ 2, S ¢ Fax: Property Owner /Deed Holder(s) *: (Attach list if more than one) Address: Phone: City/State: Zip: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): iDevelopment Adjustment — Front Yard, Interior Setbacks and Lot Coverage i n _ 0 Adjustments to a Subdivision 0 Reduction of Minimum Residential Density 0 Landscaping Adjustments — Existing /New Street Trees 0 Parking Adjustments — Reduction in Stacking Lane Length 0 Parking Adjustments — Reduction in Minimum Parking for Transit Improvements /Existing Dev. 0 Setback Adjustments — Setbacks to Reduce Tree Removal 0 Wireless Communication Facility Adjustments — Distance From Another Tower 0 Washington Square Reg. Center Density Adjustments FOR STAFF USE ONLY Case No.: V p Lcq r �� L$ Other Case No(s).J66f I 0wb� Receipt No.: fJ Application Accepted By: r Date: O / ,J Date D t —Mel To e C / e: Co m Plan /Zone X�a?ori: S� r - / r 'Rev. 7/1/09. is \curpin \masters \land use applications \adjustment -Type 1 App.doc REQUIRED SUBMITTAL ELEMENTS ✓ Application Elements Submitted: Application Form u Owner's Signature /Written Authorization Title Transfer Instrument or Deed [� Site /Plot Plan (2 copies) Site /Plot Plan (reduced 8y1"x 11) Applicant's Statement (Addressing Criteria Under Section 18.370.020) Filing Fee Al 73 :R- .,f, 41 �� APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ® The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property, 0 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. ; 0 All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted .herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. 0 The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. .}k1 DATED this day of 2009 Applicant /Authorized Age t Signature 2X r4n'er's Signature Owner's Signature Owner's Signature I.. • i 1- a ?A 71 8 ti o ell,� \ i CITY OF TIGARD* 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 175274 - 09/18/2009 RECEIPT CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2009 -00018 Development Adjust 1003100 -43116 $238.00 VAR2009 -00018 Development Adjust - LRP 1003100 -43117 $35.00 Total: $273.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2604 KPEERMAN 09/18/2009 $273.00 Payor: s. Baker Total Payments: $273.00 Balance Due: $0.00 Page 1 of 1 F D z a O U W J Q W z w J f- U_ S U OF ORI aOAI SS AFTER RECORDING RETURN TO: • , of WashiTigton Stephen L_ Baker 1, Jerry � _ . of Assess - Yvonne L_ Baker n O CourvtY rtify (Tien[ aR - that 14938 9W 116th Place mer►to _ ived and rMall ta` i iok aft of said Ti and OR 97223 + if Until a change is requested all tax :.eY RH statements shall be sent to the following irecto r of essinerrt: .raxaffon, Ex- address: lerk (3�cia:_Y same as above Doc 99043709 Rect: 229426 296.00 04/09/1999 08:45:32am Escrow No: 3200 - 21302 -MM Order No: 200779 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) LARRY D. HELM and TAMARA L. HELM, as tenants by the entirety Grantor, conveys and warrants to STEPHEN L. BAKER AND YVONNE L. BAKER, HUSBAND AND WIFE Grantee, the following described real property free of encumbrances except as specifically set forth herein: 'Lot 10, HELM HEIGHTS, in the City of Tigard, County of Washington and State of Oregon. This instrument will not allow use of the property described In this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930. ENCUMBRANCES: 1. The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) sx R�Q� AROPA7?" YRAid3FicR ilk.' The true consideration for this conveyance is $259,500.0011 :" s $� 04 Q ^ F PAID DATE !� Dated Apail 6, 1999 if a corporate grantor, it has caused itslname to be signed by order of 'ts board of directors_ D. lm t 1. The premises herein described are within and -subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) Ud WaswtNGTaN COUNTY Ftsr' MoAqwr iMNSFER 74 The true consideration for this conveyance is $259,500-00.." wee p DATE Dated Appil 6, 1999 if a corporate grantor, it has caused its name to be signed by order of 'ts board of directors. D. lm Notary Public r Oregon My commission expires: _ -Z OFFICIAL SEAL M McDOUGALL NOTARY PUBLIC - OREGON COMMISSION NO. 053320 MY COMMISSION EXPIRES JULY 15.2000 0 0 September 17, 2009 City of Tigard, We would like to apply for an administrative adjustment, Type I, to allow for a 20% reduction of our rear yard setback requirement. We have secured additional property from our neighbor to add to our rear yard, but we would like to keep the added property to a minimum by getting this adjustment. Our lot is basically a triangle shape, and the method of rear yard determination leaves us no room to change our windows and back wall configuration. We also have a 20 ft easement on our west boundary, which reduces our available space considerably. We have a wheelchair ramp and passageway that we would like to keep from the east side of our home, around the rear, and on to the west side door. Thank you. Steve Baker.