VAR2013-00005 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT (VAR) 2013 -00005
CLARK REAR YARD SETBACK TIGARD
120 DAYS = 08/23/2013
SECTION I. APPLICATION SUMMARY
FILE NAME: CLARK REAR YARD SETBACK ADJUSTMENT
CASE NO.: Development Adjustment (VAR) VAR2013 -00005
PROPOSAL: The applicant requests approval for an adjustment to reduce the rear yard
setback requirement by 20% to accommodate placement of a covered patio
to provide privacy from a 3 story house on a higher elevation lot to the rear
of his property. The structure is already professionally designed and
engineered.
APPLICANT Mike Clark
AND OWNER: 13217 SW Wellington P1
Tigard, OR 97223
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: 13217 SW Wellington Pl., WCTM 2S104DB, Tax Lot 03900.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.370.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Dig's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are ".
noted in Section W.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
\'_ \R2013 -00005 Clark Rear Yard Adjustment Decision 052513 Page 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The rear of the property is at the base of a rising slope where a three story structure is being built.
The applicant feels that a covered patio would provide more privacy and also a protected outdoor
area for his family. The plans were engineered for a 16 foot patio cover, but upon checking with the
planning department found that it would encroach into the required rear yard setback. The
construction of the patio cover is heavy timber and reducing the size negatively impacts the
aesthetics of the project.
Site History:
The property was approved as Lot 39 of Amesbury Heights Subdivision.
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 addition.
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.
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
VAR2013 -00005 Clark Rear Yard Adjustment Decision 052513 Page 2
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 MAY 25, 2013 AND
BECOMES EFFECTIVE ON MAY 26, 2013.
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.
May 25, 2013
Approved by: Darrel "Ha Watkins Date
Livability Compliance Specialist
503- 718 -2440
hapatigard- or.gov
VAR2013 -00005 Clark Rear Yard Adjustment Decision 052513 Page 3
RECE!VEL
i iii C ity of Tigard APR 2 5 2013
■
Land Use Perm App PRE -APP. RIMPfnil GARD
I I (, A I: I) PLANNING /ENGINEERING
File # I' If 112.101 - OQOQrj l Other Case #
e
Date 141 1 I By I AV I Receipt # I ° I I 1 25 I Fee I3cri. " I Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
El Adjustment / Viaarreellier• ❑ Historic Overlay (II or III) ❑ Site Development Review (
❑ Comprehensive Plan Amendment (IV) ❑ Home Occupation (II) ❑ Subdivision (II or III)
❑ Conditional Use (III) ❑ Minor Land Partition (II) ❑ Zone Change (III)
❑ Development Code Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Downtown Design Review (II, III) ❑ Sensitive Lands Review (II or III)
NOTE: FOR REQUIRED SUBMITTAL ELEMENTS, PLEASE REFER TO YOUR PRE - APPLICATION CONFERENCE NOTES
1.( )CATION WHERE PROPOSED ACTIVITY WILL OCCUR (Address if available)
/32 7 fit, w� L ,_,.. 7-1_
TAX MAPS & TAX LOT NOS.
TOTAL SITE SIZE ZONING CLASSIFICATION
APPLICANT
MAILING ADDRESS /CITY /STATE/ZIP
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PRIMARY CONTACT PERSON PHONE NO.
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E-MAIL
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MAILING ADDRESS /CITY /STATE /ZIP
PHONE NO. lAX NO.
*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 owners must sign this application in the space provided on the back of this form
or submit a written authorization with this application.
PROPOSAL SUMMARY (Please be specific)
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City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov 1 Page 1 of2
THE APPLICANT SHALL CERTIFY THAT:
• If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and limitations of the approval.
• All 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, map 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(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
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Owner's Signature Date
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Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Applicant /Agent /Representative's Signature Date
Applicant /Agent /Representative's Signature Date
City of Tigard I 13125 SW I Iall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 2 of2
711 CITY OF TIGARD RECEIPT
: 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 191125 - 04/25/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2013 -00005 Development Adjust - LRP 100 - 0000 -43117 $39.00
VAR2013 -00005 Development Adjust 100 - 0000 -43116 $268.00
Total: $307.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 005467 AKOWACZ 04/25/2013 $307.00
Payor: Michael Clark
Total Payments: $307.00
Balance Due: $0.00
Page 1 of 1
CITY OF TIGARD
• dittonally Approved I 1
For only thrkwk as described j .:
Ippplir
PERMIT P -2/A/ - WOOS
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