ARU2014-00002 NOTICE OF TYPE I DECISION
ACCESSORY RESIDENTIAL UNIT (ARU) 2014-00002 e
FOSTER ACCESSORY RESIDENTIAL UNIT
120 DAYS = 1/14/2015
SECTION I. APPLICATION SUMMARY
FILE NAME: FOSTER ACCESSORY RESIDENTIAL UNIT
CASE NO.: Accessory Residential Unit (ARU) ARU2014-00002
Development Adjustment (VAR) VAR2014-00019
PROPOSAL: The applicant proposes to construct an approximately 800 square-foot, two-story
addition to an existing single family residence to accommodate an accessory
residential unit. The applicant is also requesting an adjustment to the street side
yard setback from 20 feet to 16 feet. Paved off-street parking will be provided for
both the original residence and the accessory residential unit.
APPLICANT Scott and Lori Foster
10590 SW Cook Lane
Tigard, OR 97223
LOCATION: 10590 SW Cook Lane;WCTM 2S103DA,Tax Lot 05900.
COMPREHENSIVE
PLAN
DESIGNATION: R-3.5: Low-Density Residential District
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 Chapter 18.370.020 and 18.710.020
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 1\7.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ARU2014-00002 Foster Accessory Residential Unit Decision Page 1 of 4
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is Lot 13 of the Fantasy Hill Subdivision. A single family home with a two-car
garage and paved driveway occupies the site. The home measures approximately 2,436 square feet
according to the applicant's materials. The site is surrounded by single family homes.
Proposal Description:
Theapplicant proposes to construct an approximately 800 square-foot, two-story addition to an
existing single family residence to accommodate an accessory residential unit. The applicant indicates
the accessory residential unit will accommodate an elderly relative. The site is on a corner lot and the
applicant is requesting an adjustment to the street side yard setback, off of SW Watkins avenue, from
20 feet to 16 feet. Paved off-street parking will be provided for both the original residence and the
accessory residential unit.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.730 VARIANCES AND ADJUSTMENTS
18.710.020 Adjustments
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 paragraph 2 of
this subsection B:
a. 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.
The applicant is requesting an adjustment to the street side yard setback from 20 feet to 16 feet along
SW Watkins Avenue.
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 site is a corner lot and due to the location and orientation of the existing house on the lot, space is
limited to accommodate an accessory residential unit. The existing house is positioned diagonally on
the rectangular lot resulting in the ends of the house being fairly close to the property lines. The
diagonal orientation however, allows for most of the addition to be outside the required setback and
only a portion of the corner extends into the setback. This small triangular corner is the least intrusion
required to preserve the majority of the setback area. Locating the addition in the proposed location
allows for a better design to the house by breaking up the facade and providing a better architectural
design. Four feet is the minimum adjustment necessary to accommodate the proposed accessory
residential unit. This criterion is met.
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
ARU2014-00002 Foster Accessory Residential Unit Decision Page 2 of 4
The adjustment will not have any impact on preservation of existing trees. This criterion does not
apply.
c. The adjustment will not impede adequate emergency access to the site;
There is not a reasonable alternative to the adjustment which achieves the desired
effect.
The adjustment will not impede any emergency access. Due to this being a corner lot and the existing
residence on it, there is not a reasonable alternative to the adjustment to achieve the desired effect.
This criterion is met.
18.710 ACCESSORY RESIDENTIAL UNITS
18.710.020 Standards
A. Location. As noted in the use tables (18.510.1 and 18.520.1), accessory residential units are
permitted as limited uses in all zones where detached, single-family dwelling units are
permitted.
The site is located within the R-3.5 zone; therefore, accessory residential units are permitted. This
standard is met.
B. Limitations. An accessory residential unit is permitted providing there is compliance with
all of the following standards:
1. An accessory residential unit may be created within or as an addition to a detached single
family dwelling. For the purposes of this chapter, "addition" means the sharing of a common
wall with the primary residence. A garage may not be converted to an accessory residential unit
unless it is rebuilt as part of the primary structure;
The accessory residential unit is proposed as an addition and will share a wall with the primary
residence on the southeast side. This standard is met.
2. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a
maximum of 800 square feet;
The existing primary unit is approximately 2,436 square feet and the proposed addition is for the
accessory residential until is approximately 800 square feet. The unit is less than 50% of the primary
unit. This standard is met.
3. The number of residents permitted to inhabit the accessory residential unit is regulated by
the State Building Code;
The applicant proposed one permanent resident in the accessory dwelling unit. This standard is met.
4. Either the primary or accessory residential unit must be owner-occupied;
The applicant owns and presently occupies the primary residence and will continue to do so. This
standard is met.
5. A primary residence in which an accessory residential unit has been created may have only
one home occupation;
ARU2014-00002 Foster Accessory Residential Unit Decision Page 3 of 4
A review of city records shows no applications for a home occupation permit is on file at this time.
This standard has been met
6. In addition to the number of parking spaces required for the primary residence, as
established in Chapter 18.765, one parking space shall be provided for the accessory residential
unit. This parking space shall be paved and/or covered;
The primary residence is required to have one parking space. The accessory residential unit is also
required to have one parking space. Both required off-street parking spaces can be accommodated
within the existing two-car garage and/or the paved concrete driveway. This standard is met.
7. The front door of the accessory residential unit shall not be located on the front facade of the
primary unit unless the door is already existing;
The front door of the accessory unit is proposed face SW Watkins Avenue, while the main entry to the
residence faces SW Cook Lane. This standard is met.
8. There shall be compliance with all development standards established in the base zone.
according to the site plan, the residence meets all of the applicable setbacks of the R-3.5 zoning
district, except the street side yard setback for which the applicant is requesting an adjustment. The
adjustment meets all of the applicable approval criteria for an adjustment as described above. This
standard is met.
FINDING: As demonstrated above, the proposed project for an accessory dwelling unit meets all
applicable land use standards for Accessory Residential.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
• The applicant and owners
• Affected government agencies
Final Decision:
An Accessory Residential Unit 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 SEPTEMBER 18, 2014
AND BECOMES EFFECTIVE ON SEPTEMBER 19, 2014
Questions:
If you have any questions, please contact the staff person below or mail to City of Tigard Planning
Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon.
A,, /
September 18 2014
PREPARED BY: agnes Kowacz DATE
Associate Planner
503-718-2427
agnesk@tigard-or.gov
ARU2014-00002 Foster Accessory Residential Unit Decision Page 4 of 4
Development Adjustment—Applicants Statement
Scott Foster
10590 SW Cook Lane
Tigard, OR 97223
Fantasy Hill, Lot 13
RE: 18.370.020
This statement is intended to address the approval criteria that is laid out in section B,part 2 of title
18.370.020. The space available for building the ADU is limited by the layout of the current structure
and property size. In an effort to maximize our allotted space (800 square feet)and not cause further
and unnecessary damage to existing features on the property (brick wall, stamped concrete, pool area,
etc.), and to add an aesthetic appeal to the front of the primary residence, it is necessary to build the
new structure two feet out from the front of the main unit. Doing so will also cause a break in the
facade and allow for a transition of the vertical cedar siding to the horizontal lap siding that cloaks the
remainder of the house. This is the maximum distance (and also happens to be the absolute minimum
distance that will work for the transition)that we can make work with the adjusted setback of 16 feet
from the property line. There will still be ample room for emergency personnel to access the property
in the event of an emergency. Due to the layout of the property, there is no other reasonable alternative
that can accomplish the desired result. The preservation of trees is not a factor in this request.
Narrative for Accessory Dwelling Unit
Scott Foster ECEIVED
10590 SW Cook Lane
Tigard. OR 97223 SEP 2 2014
Fantasy Hill, Lot 13 Cl1y OF P
GAPr
18.710.020 Standards
An accessory residential unit may be created within or as an addition to a detached single-family dwelling.
For the purposes of this chapter, "addition' means the sharing of a common wall with the primary
residence.A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the
primary structure.
The additional unit will share the East wall of the main structure.
An accessory residential unit may not exceed 50% of the size of the primary unit,up to a maximum of 800
square feet.
The main unit is 2436 square feet,the additional unit will be 800 square feet(16'x 25'on two stories).
The number of residents permitted to inhabit the accessory residential unit is regulated by the state
building code.
The additional unit will house an elderly couple(mother and father of Lorri K Foster)
Either the primary or accessory residential unit must be owner-occupied
The primary structure will be occupied by Scott and Lorri Foster,owners.
A primary residence in which an accessory residential unit has been created may have only one home
occupation.
There are no home occupations at this residence.
In addition to the number of parking spaces required for the primary residence,as established in Chapter
18.765, one parking space shall be provided for the accessory residential unit.This parking space shall be
paved and/or covered.
The property has off street parking for four vehicles in the driveway and two vehicles in the garage.
The front door of the accessory residential unit shall not be located on the front facade of the primary unit
unless the door is already existing.
The front door of the additional unit will be on an adjacent wall and not on the same facade as the main unit.
There shall be compliance with all development standards established in the base zone.(Ord.09-13)
OK,we plan to follow all applicable codes and standards.
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CITY OF TIG ARD _ -
Approved................................... .. . ..._.._. V ADovr%oN•TOSI E.R �0590 SW COOK LANE
Conditionally Approved . -- - [ S LE 3/32= 11 T1�pRD1 OR 9�2z3
For only the work as described in: j PREPARED 5Y:SC Orr FOSTER FP%KTNsy FA ILL I LOT 13
PERMIT NO. A R L4 2-0 d-0001 — - -
See Letter to: Follow
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Job Address: Lwgip 5'W Gro>G �riG
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ADU AcomoN4-FosTER 10590 SW CooK LA
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imCity of Tigard
Accessory Residential Unit — Type I Application
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GENERAL INFORMATION
Property Address/Location: /e-50 S W C o ox c*"Uor
9 7ZZJ FOR STAFF USE ONLY
Tax'Map&Tax Lot#: ICA+vTq Case No.(s):
Comprehensive Plan/Zone Designation: VAK l
Other Case No.(s): 7
Site Size: t�� a4 Old
�+ application Fee:
Property Owner/Deed Holder(s)*: Sca77 F057f,C_ Receipt No.:
Street address: /Qly SV SW COOK CA^,ff
Application accepted: JEK_P�_.B}•: �'
Cit}',State,Zip: e+'�L AR ID �, . 7 3 Date Determined To Be Complete:
Phone: -M3-7007-3&7-63-'0p/-3&Z6 Email: P1-RO"rl`(2.LOM
Rev.6/17/2073
I:\(:CR1TN\\1asrr \land Uxc\pplk ry ms\�\ccessury R—d—rnd Unit-Y)p,I
.Applicant*: SAME surae).dnc
Street address.
City,State,Zip:
Phone: Email: 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 V 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. [f Owner's Signature/Written Authorization
PROPOSAL SUMMARY d Title Transfer Instrument or Deed
The owners of record of the subject property request an Accessory Site/Plot Plan(3 copies)
Residential Unit as described: Site/Plot Plan(reduced 8VY'x I I')
!3 LTJ Narrative(3 copies) IS 1(Q.D'W
Primary Unit.Area: square feet
C Y Application Fee
Accessory Residential Unit area*: O U 0 square feet
*An accessory residential unit may not exceed 50%of the size of the primary
unit,up to a maximum of 800 square feet. o✓!L 12 3.5-
Accessory
:Accessory Unit will be: ❑Within Primary Unit �.!An addition
Owner will occupy: rM Primary Unit ❑Accesson-Unit
Total number of off-street parking spaces(min.one for each unit):_41 _y + GA kAC'I✓
:Additional comments(not to be substituted for required narrative):
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-718-2421 1 www.tigard-or.gov I Page 1 Of 2
r
List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part
of this application:
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 APPLICANTS)SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject propeny.
• 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 applicant and each owner of the subject property.
DATED this ,rr day of SEPT'✓+'�V'`/� ,20—!-�L
App cant's S'
Owner's Signature Owner's Signature
Ali I/�*—
s S' re Ommner's Signature
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-718-2421 1 www.tigard-or.gov Page 2 of 2
I
1613086
�= Conveyance Deed
RECii-
SEP 2 "Z'�i4
_ FAST Doc Name:
POL-Recording Package-Conveyance Deed CITY OFT4(7,A17' f
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Description on CD: P(,ANNINGIENU�I'�` Lr�ING
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Conveyance Deed
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Copies to: I
Title Company, Seller, Lender
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Property Address:
10590 SW Cook Lane, Tigard, OR 97223
Closing Office:
Cn . Lincoln Tower Escrow
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09121/2010 10;37:30a by TINW24-0466OCacox
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THIS SPACE RESERVED FOR RECORDER'S USE
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Afte�ecording return to: APPROVED
(ScFoster and Lord K. Foster
it
10590 SW Cook Lane
Tigard, OR 97223
00
Until a orange is requested all-tax statements 00 A
(7igard,
all be sent t6-the following addeess:
READ CX APP X11/Ci1
cott A. Foster and Lord K.`Foster V V LU
6590 SW Cook Lane
OR 97223
le No.:17034,1E;13086 (AC)
Date: August 10, 2010
STATUTORY WARRANTY DEED
I
Thomas E. Bishop,Trustee of the Martha E. Bishop Revocable Trust under agreement dated
May 6, 2009, Grantor, conveys and warrants to-Scott-F6ster,and Lorri'Fosier'�as to ann t~by,they
<__ !ty#iSrantee, the following described real property free of(fens and encumbrances, except as ;
specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
i
&WVl-j,FANTASY.HILLr WASHINGTON COUNTY OREGON.
,
Subject to:
1. Covenants, conditions, restrictions and/or easements, if any, affecting tide, which may appear in
the public record, including those shown on any recorded plat or survey.
2. The 2010-2011 Taxes, a lien not yet payable.
The true consideration for this conveyance is-$337,900,00. (Here comply th requirements of ORS 93.030)
i
Page 1 of 2
APN: R477157 Statutory Warranty Deed File No,:7034-1613086(AC)
.continued Date:08/10/2010
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE -TITL HOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195/AND
300, 195.302 AND 95.305 TO
195.336 AND SECTIONS 5 TO 11, OF CHAPTER 424, N LAWS 2007, AND SECTIO 2 TO 9 AND
17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRDOES NOT ALLOW USE THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATIAPPLICABLE LAN USE LAWS AND I
REGULATIONS. BEFORE SIGNING OR ACCEPTING TTRUMENT, THE P SON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH TPROPRIATE C OR COUNTY PLANNING
DEPARTMENT TO VERIFY THAT THE UNIT OF BEING TRA FERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS OR 215, , TO VERIFY THE APPROVED i
USES OF THE LOT OR PARCEL, TO DETERMINE ANS ON WSUITS AGAINST FARMING OR
FOREST PRACTICES, AS DEFINED IN ORS 30.93TO QUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER 95. 0, 195.301 AND 195.305 TO 195.336
AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGO2007, AND SECTIONS 2 TO 9 AND 17,
CHAPTER 655, OREGON LAWS 2009.
i
Dated this day of 20
Martha E. Bishop Revocable Trust
agreement dated May 6, 2009
Thomas E. Bishop, Trustee
>
t STATE OF Oregon )
}ss.
County of Washinon }
This instrument Was acknowledged before me on this da of 20
9 Y
by Thomas E./Bishop as Trustee of Martha E. Bishop Revocable Trust under agreement dated May 6,
2009, on behalf of the Trust.
Amanda Marie Cox
Notary Public for Oregon
My commission expires: 3 December 2013
Page 2 of 2
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