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VAR1997-00017 Decision - WESTERN GLEN DEVEL. r rl t ° S 44FO F rii S + ZO , '' , a �',�f n h 3- - y! sx „ .* ac tws t s' s x =v � r � f r o f i� x ga a �������. >sa �'" � ''� 1 4 ; s � NOTICEOF DECISION y -V 1 ��jt^e ^ � .„„w.,,- a # s 3.r r �'*,f'f t - � x ' 7 ! . 7 :1+f s+ ,� � I t of A- 3 ' i- • fi ¢ : > � "A`L e a t , �' i ti',h ' V CEx ARI 91 -001 .I .'$Cr h ! � .NF$4 a .4c 5 u u " s <� z CITY OF TIOARD z #a z %4�nr ra s i �' ,d a.. n 3 A < 8 � r tip a � 24040 A '4: t* t c 4, llpl!!i . a.. z t' +�i: ° Y:� �' �`c a "s, � � � .�, z� a � 'a,ser k� § � ,�� � *� � ;� W ESTERN GLEN DEVELOPMEN � co : ys 414. %-k ? . , s ' d�' ;-. �f-g s ti PV, t 4' s . $ .t�. s x s .a... ';64; � , r . k ,.,4' ,„, .,,. £`" , '� �,`�. ;.e,� :aE , w"a'£ r =°' ' % r.3 ra:� - a ors sue .i:: `M... °.:...a :1..s'3� » w.«< x I. APPLICATION SUMMARY 120 DAYS = 2/7/98 CASE: FILE NAME: WESTERN GLEN DEVELOPMENT Variance VAR 97 -0017 PROPOSAL: A request for Variance approval to allow a 5 -foot setback on a flag lot, whereas, the code requires 10 -foot side yard, flag lot setbacks. The subject parcel was created through a subdivision in Washington County. OWNER: Western Glen Development, Inc. APPLICANT: Same Attn: Gayle Makin 18057 SW Lower Boones Ferry Road Tigard, OR 97224 ZONING DESIGNATION: R -25 (Residential, 25 units per acre). LOCATION: 12912 SW 153rd Terrace; WCTM 2S105AC, Tax Lot 05800. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.96.090 and 18.134.050. II. DECISION ' ' » °" G'� : #' ..iikt »° ' ''+ .Y: &' S^ a•.� • +rx're�2:nv' a t' °z: «.. d�`! 5 '" 5' 3`ri' Vs - -Ai. 't' to +.w , •r. . s ,l Notice here byrgiven that the Planni ng # ortheCity of gar x APPROVE he above re uest he find T in s a gyp. L �,.�1 t q �� g: nd co , r �, - y;,� ,a-�F � , ._ � whjch the decision'is based are? noted m Section VF ; NOTICE OF DECISION VAR 97 -0017 - WESTERN GLEN DEVELOPMENT PAGE 1 OF 4 III. BACKGROUND INFORMATION Property History: This parcel was created in 1996 with the recording of the Momingside subdivision plat. No other development applications were found to have been submitted to the City. Vicinity Information: The surrounding properties are zoned R -25 (Residential, 25 units per acre). Southwest Scholls Ferry Road borders the north property line. The area is predominantly developed with single - family residential dwellings. Site Information and Proposal Description: The 7,181 square foot parcel is currently vacant. The applicant requests a Variance approval to allow a 5 -foot setback on a flag lot, whereas, the code requires 10 -foot side yard, flag lot setbacks. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in bold print below: 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 applicant states that this variance will not be materially detrimental to the purposes of the zoning ordinance. The adjoining lots 7 -10 are all oriented toward SW 153rd Terrace. A five (5) -foot setback will match the side yard setback allowed for each of these adjoining, and similarly oriented, lots. These parcels were created under Washington County sudivision regulations. Because of the transfer of jurisdictional responsibilities, the City's setback standards are being applied to these lots. Washington County flag lot standards state that the setback standards of the primary district shall apply. This lot was created with the 5 -foot setback as the primary setback standard. Allowing a variance to City standards to allow a five (5) -foot setback will not be materially detrimental as the five (5) -foot setback will allow what the original approved subdivision allows. 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 applicant states that the exceptional circumstances that apply to this property over which NOTICE OF DECISION - VAR 97 -0017 - WESTERN GLEN DEVELOPMENT PAGE 2 OF 4 • the applicant has no control is the creation of this flag lot under Washington County standards and the unusual layout of this flag lot. A typical flag lot does not conform in layout with the adjacent lots, yet this lot is oriented in the same manner as the adjoining lots, 7 -10. The other circumstance that is related to the lot layout is that this lot is that County standards do not call out special setbacks for flag lots. Therefore, this lot is caught between differing sets of standards. The home is being reviewed under a different setback standard than what the setbacks for which the lot was designed and approved. Staff concurs that this is an unusual circumstance given the flag lot was created with its' orientation. 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. The requested variance would not affect the permitees' use status of the single - family residence. 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. The requested variance will in no way affect existing physical and natural systems as all subdivision improvements have been approved through Washington County. The setback is applicable only to a slight reduction in the side yard setback. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The applicant states that the request for the variance is brought about by the applicant not receiving the proper information at the Community Development Counter. The applicant states that he requested a copy of the setback requirements for the R -25 zone and, in fact, received a copy of the appropriate Community Development Code Section 18.56, a copy of which was submitted by the applicant. The applicant received the appropriate information that was requested. If the applicant did not inform the City that this lot was a flag lot, then the City cannot be held responsible for providing additional information that may be applicable to a specific circumstance. The applicant asked for and received setback standards for the R -25 zone. Since the City delivered the proper information that was requested, the applicant's findings do not demonstrate adequate justification or compliance with this criteria. However, the applicant has already demonstrated through the findings presented in the previous criteria, that the intent to provide setbacks, as originally anticipated through the subdivision process, is beyond the control of the applicant. The applicant is caught in the middle of a jurisdictional transfer and hence, differing standards. This lot does not look like a typical flag lot, nor was originally expected to have differing standards from other lots within the subdivision. A five (5) -foot reduction in the setback standard is the minimum variance that is necessary to allow the lot to be built on under the original standards under which it was reviewed and created. This criteria is, therefore, satisfied. NOTICE OF DECISION VAR 97 -0017 - WESTERN GLEN DEVELOPMENT PAGE 3 OF 4 i V. OTHER STAFF COMMENTS No other comments have been received. • VI. AGENCY COMMENTS No other comments have been received. VII. PROCEDURE AND APPEAL INFORMATION • Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: I ` ` ITHE SHAL BE FINAL` ONlMONDA f Nf oy 24 1997 , UNLESSANAP QED '� * `; s, ,;fa' .,.r..,dv$sd.. ar„ --,,''*s _ '` ,a »..✓3A.:.. .%..d T x±,,. .. , <._,. gi. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.340 of the Tigard Community Development Code which provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE iDEADLINEFOR FILINGIOFAAPPE4L IS3 30 P.M_ ON Nb.VEMBERW1997 Questions: If you have questions, please call the City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. November 14, 1997 PREPARED BY: William D'Andrea DATE Associate Planner November 14, 1997 APPROVED BY: Richard Bew: s••rff DATE Planning M nager NOTICE OF DECISION VAR 97 -0017 - WESTERN GLEN DEVELOPMENT PAGE 4 OF 4 A • 4. 5 °.-----.. I . ..17:•- I Z I / Cn . • ' > , rr �l / / . _ I - I= ci . . r G I t^ • . z I y s i • - -- a / i / �� ( 1 }., Q i- iii / y �C00 t l • 1'1 /� „. i ,� 0 • IL / • . /// o ! / ! / 9 'esil . .. , -,i i 5� 3, /r , �-!� 2 • . • r SITE PLAN CASE NQ. E VAR 97- 0017 Western Glen Develonmen A )z I > A r D � )17) II /I iii Co 1 � /` 0 / N SORA� � � lillit4 • ' ' m o i turi:-- a. 11 • IIIII "E ! u iiiIt ' � '% Ii R 111 � W D 1� � al SW WINTERG p = iLim ' � \1 111 III .TR .. o f- 1 / ill--- Vicinity Map i VAR 91 -0011 Western Glen Development