VAR2012-00002 NOTICE OF TYPE I DECISION
!:17
ADJUSTMENT (VAR) 2012 -00002
13395 SW 107 AVENUE
FRONT YARD SETBACK ADJUSTMENT
120 DAYS = 7/27/2012
SECTION I. APPLICATION SUMMARY
FILE NAME: 13395 SW 107th AVENUE FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2012 -00002
PROPOSAL: The applicant has requested a 25% adjustment to reduce the front yard setback from
20 feet to 15 feet to accommodate construction of a side - loaded garage.
APPLICANT: Dean and Lisa Tabert
13395 SW 107 Avenue
Tigard OR 97223
OWNER: Dean Tabert
13395 SW 107 Avenue
Tigard OR 97223
LOCATION: 13395 SW 107 Avenue; Washington County Tax Assessor's Map 2S103DA, Tax
Lot 05400.
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential.
ZONING
DESIGNATION: R -3.5: The R -3.5 zoning district is designed to accommodate detached single - family
homes with or without accessory residential units at a minimum lot size of 10,000
square feet. Duplexes are permitted conditionally. Some civic and institutional uses
are also permitted conditionally.
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 of this decision.
VAR2012 -00002 - SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE i DECISION
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject parcel is located at the western end of SW Cook Lane, west of SW Pacific Hwy off of Park
Street. The subject parcel is 0.36 -acres in size. The proposal is to reduce the standard 20 -foot front yard
setback to 15 feet to accommodate construction of a side - loaded garage.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.370.020 allows the following development Adjustments by
means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard
setback required in the base zone. Setback of garages may not be reduced by this provision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard
setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
The applicant has requested an adjustment to the front yard setback to allow construction of a side - loaded
garage. The required setback is 20 feet. Provided the following criteria are met, a 5 -foot reduction of this
setback to 15 feet may be allowed because it reduces the setback by 25 percent, which is the maximum
allowed for front yard setbacks.
A development Adjustment shall be granted if there is a demonstration of compliance with all of
the applicable standards:
A demonstration that the Adjustment requested is the least required to achieve the desired effect;
The adjustment is being requested to allow a 16 -foot wide garage door in a side - loaded garage, as indicated
on the applicant's site plan. The information submitted by the applicant shows that the proposed setback
reduction would be the minimum necessary to achieve the desired effect. The proposed adjustment
request is in compliance with this standard.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
Trees are not present in the development area. This standard does not apply.
The Adjustment will not impede adequate emergency access to the site;
As shown in the applicant's site plan, the proposed front yard setback adjustment will reduce the setback
from the existing garage from 30'- 4" feet to 15'- 4 ". The proposal changes the access to the residence by
closing the existing driveway approach and replacing it with one further from the intersection to facilitate a
side - loaded garage approach. Therefore, the adjustment will not adversely affect emergency access to the
subject dwelling or adjacent dwelling. This standard is met.
VAI22012 -00002 - SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
There is not a reasonable alternative to the Adjustment which achieves the desired affect.
Alternatives to the proposed adjustment would be to limit the width of the garage expansion. However, no
public purpose would be served and the desired effect would not be achieved. Therefore, there is no
reasonable alternative to the proposed adjustment.
FINDING: Based on the analysis above, the adjustment standards have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be
appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON APRIL 10, 2012
AND BECOMES EFFECTIVE ON APRIL 11, 2012.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 718 -2434.
April 10, 2012
6141-Al APPROVED B G Pagenstecher DATE
A sociate Planner
VAR2012-00002 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
■
RECEIVED
, . . 111 City ofTigard MAR 2 9 2012
^ 1 . CITY OF TIGARD
I
Adjustment — Type ApplicatiOiI LANNING /ENGINEERING
TIGARD
GENERAL INFORMATION
FOR �� STAFF USE ONLY
Property Address /Location(s): 13 n5 S /07 �'t Case No.: v/ / .( c. Z 7 - - 0 0 0 : : : • 2 _ , L
176 ` 0 /z- 9 7Z-2.3 Other Case No(s).: H S 1 Z O I L • boO (.'
Tax Map & Tax Lot #(s): 75/ ° 3 DA 0 Sy o o I' ` 2 , C T
Receipt No.:
Application Accepted By: i 1-p
Site Size: , 5 (o a. c. Date: 5/2l / /'Z
Applicant *: t 4- L-4.-=',-;: TA 77_T Date Determined To Be Complete:
Address: 1 3 395 5c4.5 /O7 AVE
City/State: 77G/t O / L 12 Zip: q 7e2_3 Comp Plan /Zone Designation:
Primary Contact: De"- N 'TAB Err g - 3. 5
Phone: S C 3 - 347 -0853 Fax:
Property Owner /Deed Holder(s) *: (Attach list if more than one) Rev. 7/1/11
is \curpin \ masters \land use applications \adjustment -Type 1 App.doc
t),-).‘1,1 il 0853
Address: 1 33 9 5 Ste3 /07 `AVE Phone: 553 7-4211110 .
City/State: 7aove -ID 1 U,e Zip: ? 7 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 ❑ Application Form
authorization with this application. ❑ Owner's Signature /Written Authorization
PROPOSAL SUMMARY ❑ Title Transfer Instrument or Deed
❑ 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 81/2"x 11 ")
Development Code (please circle one only): ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
i•Development Adjustment — Front Yard, Interior Setbacks and Lot Coverage
I. Special Adjustments: ❑ Filing Fee $ 2 9 6 2-
• Adjustments to a Subdivision
• Reduction of Minimum Residential Density
• Landscaping Adjustments — Existing/New Street Trees
• Parking Adjustments — Reduction in Stacking lane Length
• Parking Adjustments — Reduction in Minimum Parking for Transit 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: WE NC� A� /�Q�UST'/ T d� /°tom S
fu Oi21)43Z- F' - cu( CE Exoki`1510A- ro /RCCoMMoO"-TE /
5744 -s Dl - O / h-k 6E p0:501Z- . 'qrs Rom uesalNG 2.573 gmucittitiv
ON 1 irC 4e.01.•r Wcstrt• FRo»A Zo .4 5' `! a
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 2 ? day of filAT¢Ctk , 20 ( Z
• -c,
A licant Auth ed ent Signature Owners S'
PP � � ' � . ture
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 oft
�RETRUN RECORDED DOCUMENT TO: o
CITY HALL RECORDS DEPARTMENT, STATE OF OREGON L
CITY OF TIGARD SS
13125 SW Hall Blvd. County of Washington
,,..
Tigard, OR 97223 AAA
I, Jerry � �4]l�i
t o Di ca t x , of Assess-
ment ands lion and Ei ffg County
l0 INDIVIDUAL Clerk for c9 xd jie� 'c ertify that
,
- the wit irk r + c �ent t ofanrrin deceived
/� and resdrdec 'of orbs of sa
(� county * l '4 , ; .
File No. 314
'21
` 1 � c '
`1���J'er `R F engo of
� 'A s se sment an d'Taxation, Ex-
Officlo,CquntY Clerk
Doc : 99050344
Rect: 230442 21.00
04/26/1999 01:35:08pm
DEDICATION DEED
- FOR - ROAD OR STREET -
I
Dean J. Tabert does hereby dedicate
to the public a perpetual right-of-way for street, road, and utility purposes on, over, across, under, along, and
within the following described real propety in Washington County, Oregon:
Attached Exhibit "A"
To have and to hold °the above - described and dedicated rights unto the public forever for uses and purposes
hereinabove stated.
The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and
encumbrances, they have good and legal right to grant their right above - described, and they will pay all
taxes and assessments due and owing on the property.
The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or
includes other property or value given or promised which is the whole consideration.
IN WITNESS WHEREOF, I hereunto set my hand on this 5 day of , 1. '?
1,./.e--.."--
Dean J.'Tabert
13395 SW 107th Ave
Tax Statement Mailing Address Mailing Address
Tigard, OR 97223
STATE OF OREGON )
) ss. - I
County of Washington )
This instrument was acknowledged before me on Y 5 / S (date) by: 1 -) S . l A & U-
(name of person(s)).
::, _NOTARY PUBLOREGON
_ )\.______,-e,6b:L - 'e .1 a(d_41
k;i� .3i0788
STATE OF OREGON )
, , ) ss.
County of Washington ) ,/
This instrument was acknowledged before me on y ' 7 (date) by: I ` ) 'LA S . l A- eat( 0 .---
(name of person(s)). SEAL
/ 1, ,
i " DEBBIE
R A DAMSp + L L l��r'�i �
( I z
`NO TARY B pREc atere COMMISSION N0.310788 N
MY COMMISSION EXPIRES MAR. 22, 2002 My Commission Expires: c3 "ag - 9 "
Accepted on behalf of t h e City of Tigard this t o d a y o f , i 4 r % 19 9q .
3 . City Engineer
MENG\PUB- FORM\ROWDEIN.DOT
1
•
ROSE C. AUGUST DAVID M. & KATHLEEN M.
13285 SW. 107TH AVE. ROSENQUIST
10690 SW. PARK ST.
CARY RAY & JANET INEZ KRAFT
13335 SW. 107TH AVE rn
I
� w
N
3 2
n ° r. JAMES R. JR.& SUSAN
P CLARE HUGHS
()<) N 10695 SW. COOK LANE
U j
l RALPH J. & BARBARA A. PETERS
\ 13365 SW. 107TH AVE.
0 0 '.
o °
no.
O
O N
DEAN J. SW. T
13395 SW 107 TH AVE. SCALE 1" = 50'
. 107
SAMMIE Sc HELEN LORINE CARDWELL
13405 SW. 107TH AVE.
2500 SQ. FT.
SW. COOK LANE
22.51' S89'42'30'E
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18.370.O10.C.
18370.020 Adjustments
A. Purpose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development standards
within proscribed limits. Because such adjustments are granted using "clear and objective
standards," these can be granted by means of a Type I procedure, as opposed to the more
stringent standards of approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in Section
18.370.020.C.
B. Development adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as
governed by Section 18.390.030, using approval criteria contained in Subsection B2 below:
: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard
setback required in the base zone. Setback of garages may not be reduced by this provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear
yard setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
3 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; W R- EQutR.E A 5' VALIANCE I r.) 0 R oc- 000 6 GE 4- - - cfP I TPStO1•
Td A« OMP'►oCwrF A ST•NOP.tzp /G,' 6A-RAE pool, 2 NA RedluESTINs !} 2.591�r
' b. The adjustment will result in the preservation of trees, if trees are present in the deve oI pment Fro
area; No t-VG£s A2E AF EGTNj BY CIS (pow, `t a V'
• c. The adjustment will not impede adequate emergency access to the site;
NOT /1/4(1- . Erff7Z - Nen vett( c.f.Ars w ALL scraL B&n94E" TO AteCESS tkL&- P 2 E7NT
• d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
NO , T( 2E is NOT, toe V E - MED 6KrENS I VEyf
f1/4c aNKTiuE Bur NONE E)I sV..
Variances and Adjustments 18.370 -2 Code Update: 5/07
■
158' -O" �� 25' -O"
_ C RIGHT OF WAY
44'-4" 1 6' -5" EDGE OF EXIST.
1 PAVEMENT
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-- -- -- -- -- ELEV. 239.0'
ELEV. 237.0 P ROPERTY LINE
V A
DEAN & LESA TABERT RESIDENCE
13395 SW 107TH AVE, TIGARD OREGON 97223
SCALE JOB No DWG No. REV
1/16 " =1' - 0" DT2012 DT2012 -00 R1
1OR' - 23' -0'
C.O RIp1T a WAY
K ' - IB' -S' ( EDGE OF Dan
PAVEMENT
ELEV. 237.0'
Ewsr.
S' --.
m' caNC. I
ELEV. 2370' PROPERTY LINE Fl�
T•
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a \ EXISTING BARK BED O E
(ELEV. 237.0') 42' pA. 0 0
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EXISTING GRASS
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GARAGE DOOR I \
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�sy ELEV. 236' 'a ,"� COOK LANE
i?i z GRAVEL \ \ 1 .. \1 \.. \ �\..
EMSING BARK BED j § 2
u -/ POWER POLE - ONT a HOUSE //
1 20' -0' 4 b' -0' 19' -0' `° 16' -�' I I
NEW UWNG SPACE ADDITION EXISTING NEW GARAGE EXTENSION SETME
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(AFTER VN6 ANCE ) I
. R .
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EASEMENT (GRAVEL DRIVEWAY)
�ELEV. 237.0' PROPERTY LINE - -- _ - KIEV .2 39.0'
DEAN & LESA TABERT RESIDENCE
13395 SW 107TH AVE, TIGARD OREGON 97223
SCALE JOB No DWG No. REV
1 /1B'.1' -o' DT2012 DT2012 -00 R1
.
CITY OF TIGARD RECEIPT
n
111 g , : 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 186129 - 03/29/2012
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2012 -00002 Development Adjust 100 - 0000 -43116 $258.00
VAR2012 -00002 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 89767B KPEERMAN 03/29/2012 $296.00
Payor: DEAN J. TABERT
Total Payments: $296.00
Balance Due: $0.00
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