VAR2012-00007 NOTICE OF TYPE I DECISION
•
DEVELOPMENT ADJUSTMENT (VAR) 2012 -00007 1
STONEBRIDGE LOT 111 REAR YARD SETBACK Ti G A R D
120 DAYS = 10/04/2012
SECTION I. APPLICATION SUMMARY
FILE NAME: STONEBRIDGE LOT 111 REAR YARD SETBACK ADJUSTMENT
CASE NO.: Development Adjustment (VAR) VAR2012 -00007
PROPOSAL: The applicant requests approval for an adjustment to reduce the rear yard
setback requirement by 20% to accommodate placement of a new residence.
The lot is irregularly shaped and the applicant requests the variance to avoid
a total redesign of the structure.
APPLICANT Stonebridge Homes NW, LLC
AND OWNER: 4230 Galewood St., Suite 100
Lake Oswego, OR 97035
ZONING: R -7: Medium- Density Residential District. The R -7 zoning district is
designed to accommodate attached single - family homes, detached single -
family homes with or without accessory residential units, at a minimum lot
size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000
square feet. Mobile home parks and subdivisions are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 15185 SW Summerview Dr., WCTM 2S109DA, Tax Lot 18200
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370.
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
VAR2012 -00007 Stonebridge Lot 111 Rear Yard Adjustment Decision 060612 Page 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The property is an irregular pie shape lot with the rear yard formed by two intersecting side property
lines. The calculation of the rear setback line is unique to this configuration and crosses the rear
corner of the structure.
Site History:
The property was approved as Lot 111 of Arlington Heights Subdivision, SUB2006- 00001.
Proposal Description:
The applicant requests an adjustment to reduce the rear yard setback requirement by 20% to
accommodate a minor encroachment and still be able to use the plans for this residence.
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 -7 ZONE Standard Proposed
Minimum Setbacks
-Front yard 15 ft No change
-Side facing street on corner & through lots 10 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.
DEVELOPMENT ADJUSTMENT — APPROVAL CRITERIA:
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;
The applicant has requested a 20% reduction in the required rear yard setback of 15 feet,
reducing 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 residence in compliance with the
Development Code.
VAR2012 - 00007 Stonebridge Lot 111 Rear Yard Adjustment Decision 060612 Page 2
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 and there are none that need protection.
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.
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 JUNE 6, 2012 AND
BECOMES EFFECTIVE ON JUNE 7, 2012.
Questions:
If you have any questions, please call the staff person below or stop by the Planning office at the
Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223.
6:i k , i , 1: d 4 J une 6.2012 .
Approved by: Darrel "Ha. Watkins Date
Livability Compliance Specialist
503 - 718 -2440
hapatigard- or.gov
VAR2012 -00007 Stonebridge Lot 111 Rear Yard Adjustment Decision 060612 Page 3
RECEIVED
• City ofTigard JUN 0 5 2012
s Adjustment Type I ^ 1 . CITY OF TIGARD
Adjustment — 1 ype 1 Applcation /ENGINEERING
TIGARD
GENERAL INFORMATION
FOR STAFF USE ONLY
Property Address/Location(s): It)I? 9N SUMM (1/V
Case No.: VA R DI — 0 00 U
I I4El'HTS La It (
Other Case No(s).:
Tax Map & Tax Lot #(s): _2 S /04 D4 /}S I a `] 3 S
Receipt No.:
Application Accepted By: C C . C a't ''-s
Site Size: 1 (. —S — r a
Date:
Applicant *: • .ak 241fe_41'•77dWI ZVA v Date Dete d Be Co plete:
Address:4Z : G►M, N00D CTS SUITe (DC' 7/
City/State: LAVE OSWE (70 O Zip: 17035 Comp Plan /Zone Designation:
Primary Contact: DEIR1DRE► R 17 Ned_ oft. Re J / R- 7
Phone: 50:5•7511 Fax: r cy :2 (0 I rj
Property Owner /Deed Holder(s) *: (Attach list if more than one) Rev. 7/1/11
ME A �(�o'11= . is \curpin \ masters \land use applications \ adjustment-Type I App.doc
Address: !'1 'f f•.. Phone:
City/State: Zip: REQUIRED SUBMITTAL ELEMENTS
* 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 / Application Elements Submitted:
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 0 - Application Form
authorization with this application. gr Owner's Signature /Written Authorization
PROPOSAL SUMMARY ❑ Title Transfer Instrument or Deed
E r Site /Plot Plan (2 copies)
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Community ❑ Site /Plot Plan (reduced 8W'x 11 ")
Development Code (please circle one only): Ja Applicant's Statement
Addressing Criteria Under Section 18.370.020)
Qs-elopmcnt Adjustment — Front Yard. Interior Setbacks and Lox Coverag /n r■al Adstsrmentq: •••••••• Filing Fee 'Sa 0 (O ' U V
• Adjustments to a Subdivision
• Reduction of Minimum Residential Density
• landscaping Adjustments — Existing/New Street frees
• Parking Adjustments — Reduction in Stacking Lane Length
• Parking Adjustments — Reduction in Minimum Parking for'I'ransit Improvements /Existing Dev.
• Setback Adjustments — Setbacks to Reduce Tree Removal
• Washington Square Reg. Center Density Adjustments
• Wireless Communication Facility Adjustments — Distance From Another Tower
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718-2421 I www.tigard- or.gov I Page 1 oft
Please state the reason for the Adjustment request: fizopofdeD 601u71146 Farrnzwi wczoosas
reisaz laitt, 45rpws Ctrge. l .15.rz0. 03O.A. t ar7. ppl Lehev TIAN I'•0" I v&
Att. V I REcT I OPI S. IZEsuE5rimtp AIA 0127 tMT OP` REAR5
kLoMOl7N1 . PKo?oroep 150 Wit40 fooTmrxt. SE ) TAcNE) run p
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.
♦ 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.
♦ 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.
♦ 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.
DATED this 1-r14 day of J V K1 E , 20 I Z
Applicant /Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 2 of
11 11 CITY OF TIGARD RECEIPT
1 • . 1 3125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TtGARD
Receipt Number: 187035 - 06/05/2012
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2012 -00007 Development Adjust 100-0000-43116 $258.00
VAR2012 -00007 Development Adjust - LRP 100-0000-43117 $38.00
Total: $296.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 002192 CCAINES 06/05/2012 $296.00
Payor:
Total Payments: $296.00
Balance Due: $0.00
Page 1 of 1
--- •SE3 STONE BRIDGE RECEIVED OBE: 1482
• HOMES N W LOT: 111
JUN 0 5 2012 DATE: 6/1/12
4230 GALEWOOD ST. SUITE 100 PROPERTY: ARLINGTON
LAKE OSWEGO, OR 97035 CITY OF TIGARD HEIGHTS
(5 387 -7577 PLANNING /ENGINEERING CITY: TIGARD
SCALE: 1 " =20'
f PLAN No.: 198 -MOD
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\ Approved
LOT COVERAGE LEGEND ':onditio Approved....... ----- - - ---- l iiii .,-; 0 described in:
LOT AREA: 6,694 SQ. FT. .�
BUILDING AREA: 2,154 SQ. FT. — S�ETLBi8ff6t0: Follow t i
PERCENTAGE: 32% RAYWOOD AS --- ---��f ‘1
-F Rt° I i ' F - 111 if N . -..
NOTES:
ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCATIONS
ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGURES
ALL RETAINING WALL HEIGHTS AND LOCATIONS ARE ESTIMATES.
THEY MAY VARY AND BE SUBJECT TO CHANGE LOT +111
DRIVEWAY MAY DIFFER DUE TO LOCATION OF UTILITY BOXES,
STREETLIGHTS, AND OTHER SITE CONDITIONS. 6,694 eq. ft.
Hap Watkins
From: Deirdre Britt <dbritt @stonebridgehomesnw.com>
Sent: Wednesday, June 06, 2012 8:27 AM
To: Hap Watkins
Subject: RE: Arlington Heights Lot 111
TDC18.370.020.B. Development adjustments.
2. Approval criteria. 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;
The proposed building footprint encroaches a maximum of 10.5" in each direction of the rear setback; the
desired adjustment of 1' -0" is the least whole amount required to accommodate the footprint.
b. The adjustment will result in the preservation of trees, if trees are present in the development area;
There are no trees to preserve in the area of adjustment.
c. The adjustment will not impede adequate emergency access to the site;
The adjustment does not impede emergency access to the site due to its location at the rear corner of the lot,
to which the proposed building footprint is 15' -2" and 5' -0" from lot lines, providing adequate access space between
residences.
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
Due to the odd shape of the lot and especially restrictive setbacks from that shape, the proposed building
footprint is difficult to revise at this point without great expense on our part. It is requested that this meager adjustment
is made to accommodate the proposed building as -is
D e.ro re, 13rvh- I Architectural Drafter
Stone Bridge Homes NW I www.StoneBridgeHomesNW.com
office. 503.387.7573 l fax. 503.387.7615
4230 Galewood St., Suite 100 l Lake Oswego, Oregon 97035
A Unique Homebuilder Delivering Quality and Value to Oregon Residents
CCB# 173318