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VAR2012-00011 NOTICE OF TYPE I DECISION • DEVELOPMENT ADJUSTMENT (VAR) 2012 -00011 : MILLER SIDE YARD SETBACK ADJUSTMENT T I G A RD 120 DAYS = 12/14/2012 SECTION I. APPLICATION SUMMARY FILE NAME: MILLER SIDE YARD SETBACK ADJUSTMENT CASE NO.: Development Adjustment (VAR) VAR2012 -00011 PROPOSAL: The applicant requests approval for an adjustment to reduce the side yard setback requirement by 20% to accommodate placement of a tool storage shed addition. The adjustment is necessary to allow a door wide enough on the narrow wall to store garden equipment and to make the long wall of the addition as attractive as possible to the neighbor. APPLICANT Scott C. Miller AND OWNER: 9500 SW Summerfield Dr. Tigard, OR 97224 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: 9500 SW Summerfield Dr., WCTM 2S111CD, Tax Lot 01200 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. VAR2012 -00011 Miller Side Yard Adjustment Decision 060612 Page 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The property is an irregularly shaped lot with the rear yard formed by two intersecting side property lines. The side yard parallel to the back of the house is eight feet wide for the length of the structure. Site History: The property was approved as Lot 362 of Summerfield No. 7 Subdivision. Proposal Description: The applicant requests an adjustment to reduce the side yard setback requirement by 20% to accommodate a minor encroachment and still be able to utilize the wider than normal side yard to construct a tool storage addition. The net distance after construction will be four feet to the property line. 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 4 ft - Rear yard 15 ft No change - 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; VAR2012 -00011 Miller Side Yard Adjustment Decision 060612 Page 2 The applicant has requested a 20% reduction in the required side yard setback of 5 feet, reducing the side yard setback to 4 feet. All other setbacks will be adhered to. The adjustment is the least required to be able to construct the addition in compliance with the Development Code. 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 AUGUST 16, 2012 AND BECOMES EFFECTIVE ON AUGUST 17, 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. Adi / A.1 August 16, 2012 . Approved by: Darrel "Ha.' Watkins Date Livability Compliance Specialist 503- 718 -2440 hapatigard- or.gov VAR2012 -00011 Miller Side Yard Adjustment Decision 060612 Page 3 City ofTi and RECEIVED t Y g ` 2012 iron �' b Ad justment - T ype I Applicat AUG 16 GENERAL INFORMATION PIANNING /ENriNEERIN Property Address /Location(s): 7500 .c '/..k) SU mine.!"'} 0 (AY / t,50 64_ 972/ FOR STAFF USE ONLY Tax M a p & ax Lot # (s): 4.0 . . ' c.3 u Ai ,, • ... ,� y � CaSeNo.: V IIIG D � - Om/ / Site Size: Other Case No(s).: �i Receipt No.: / b 0 Applicant *: S r o it C . /I r llO(/' Application ccepted By. Amy Address: 9S O 0 S I.J Sum �Yl e,/` ;Qt e f Abe^ Date: 4////2//7-- City /State: 7 1 a_e d ©2 Zip: 9 / 49 _ Date Determined To B Complete: Primary Contact: ' , - Q S co i . a - c Ott Si; 9/ A Phone: s S , --2 9J J Fax: li -ert Comp Plan/Zone Designation: Property Owner /Deed Holder(s) *: (Attach list if more than one) r l 40 / — S'ao f3 k, M i/1c r Address: 00 S JSti,,, Ell` 'Cr e rP Phone: S63 ^ ?LI -39W Rev 11/8/11 City/State: 1 k 3 n_v4 1 O k Zip: e fr' 7 .22 Y is \curpin \ masters \land use applications \ Adjustment-Type 1 App.doc 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. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ plication Elements Submitted: The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Application Form Development Code (please circle one only): Owner's Signature /Written Authorization V Title Transfer Instrument or Deed ➢ Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage r� c : _ ,.) Special Adjustments: [ ( Site /Plot Plan (reduced 81/2"x 11 ") 2r1/4 ( • Adjustments to a Subdivision [ Applicant's Statement 2 (- * Reduction of Minimum Residential Density (Addressing Criteria Under Section 18.370.020) * Landscaping Adjustments - Existing /New Street Trees * Parking Adjustments - Reduction in Stacking Lane Length Er Filing Fee ($307.00) * Parking Adjustments - Reduction in Minimum Parking for Transit Improvements /Existing Development * Setback Adjustments - Setbacks to Reduce Tree Removal * Washington Square Regional 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 rr Please state the reason for the Adjustment request: ,. WI S h `10 I i f P a_00 t-4. e �S/1 C $1, v'' lc11 � rl ! _ - • • �t d "'o i ve �e`� Q vn i`a o f v J ' h a a �CdrnO d fi e q Q am�o �a✓���a ne �a r 4t, ^� 'Llal a c Id a �, @,,J (Cte t ra•s_ sp a t'e To 410 re ahck dpi at' t le afy uu Calm & Ski cy�i��rz eviler in tat - Nile_ i on r� dear re.? vi t.. f� igf tek ta d4Ck 6` 4 17t, 74 r an t Cn /t l"8tr r u�reJ c� /2 t' c{1 ` � ��,es�t6�� o �9 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. DA1 ' ED this /6) 7 d a y of 4 ( > 3 ,20 /2. C ‘4 f App 'cant /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 of2 1 111 CITY OF TIGARD RECEIPT a . j 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 188038 - 08/16/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2012 -00011 Development Adjust - LRP 100 - 0000 -43117 $39.00 VAR2012 -00011 Development Adjust 100 - 0000 -43116 $268.00 Total: $307.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1989 HWATKINS 08/16/2012 $307.00 Payor: Scott C Miller Total Payments: $307.00 Balance Due: $0.00 Page 1 of 1 Washington County, Oregon 201 2-022236 03/23/2012 03:31:35 PM D -DW Cnt =1 Stn =6 J GREGORY jj $10.00 $5.00 $11.00 $15.00 $186.00 - Total = $227.00 0 I� ` " k THIS SPACE 11111 II I I 11111111 111111111111 1 1111 01687687201200222360020020 r f " I, Richard Habernleht, Director of Assessment and ,, a • • Taxation and Ex -Officio County Clerk for Washington County, Oregon, do hereby certify that the within ! //'� Instrument of writing was received a d re orded In the �i �.,, ., y book of records of said cou py. , E • � ? �r •+ • f j) After r ecording return to Grantee and Richard Taxation, Q0.• Taxation, Ex- Offlelo County Clerk until a change is requested all tax statements shall be sent to the Grantee at the following address: Scott C. Miller and June K. Miller 9500 SW Summerfield Drive Tigard, OR 97225 Grantor Address: Phyllis W. Hass 10260 SW Greenburg Rd, Ste 170 Portland, OR 97223 File No.: 7034 - 1828309 (ACM) Date: January 30, 2012 r() STATUTORY WARRANTY DEED Phyllis W. Hass, Grantor, conveys and warrants to Scott C. Miller and June K. Miller as tenants by the entirety , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: x r_ Lot 362, SUMMERFIELD NO. 7, in the City of Tigard, County of Washington and State of { Oregon. Subject to: ..` 1. Covenants, conditions, restrictions and /or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $185,500.00. (Here comply with requirements of ORS 93.030) WASHINGTON COUNTY REAL PROPERTY TRANSFER TA.X aY� FEE PAID DATE Page 1 of 2 APN: R507044 Statutory Warranty Deed File No.: 7034- 1828309 (ACM) - continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. � Dated thi day of 1\A C.l- , 20 (- . �� °, `Phylli ire STATE OF Oregon ) )ss. County of Washington ) This instrument was acknowledged before me on this Z day of 14 Car—C- , 20 - by Phyllis W. Hass. Notary Public for Oregon f OFFICIAL SEAL commission expires: / If - /7 � '- - } ^,, ANNE TE C MC CAATHY u NOTARY PUBLIC - OREGON NF , COMMISSION NO.452055 MY COMMISSION EXPIRES OCTOBER 15, 2014 Page 2 of 2 SW SUMMERFIELD DRIVE 1 Measured distance of t j 85.39 feet 7'11" from house wal 9500 SW to fence line. 19.74 Ft Summertield t I 15.14 ft N 98.34 feet 48' 1., shed addition 3'11 "x12'long 115.06 ft total 51' CITY OF TIGARD Approved [ Conditionally Approved [ ] For only the w. p s described in: PERMIT NO.VR7� 2D /Z' a7®// See Letter to: Follow [ ] ach 16.06' Job Addr .. 1 , - , 4 [ ] By: a Date: %