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ADJ2015-00001 NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT (ADJ) 2015-00001 1 WESTGATE DEVELOPMENT ADJUSTMENT 120 DAYS = September 30, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: Westgate Development Adjustment CASE NO.: Development Adjustment(ADJ) ADJ2015-00001 PROPOSAL: The applicant is requesting approval for one Development Adjustment to reduce the minimum rear yard setback requirement from 15 feet to approximately 12 feet (20%). This proposed Development Adjustment will help accommodate a 200- square-foot patio cover that will be attached to the existing single-family home,in order to provide weather protection. APPLICANT: Matt Westgate OWNER: Same as applicant 13271 SW Hazelcrest Way Tigard,OR 97224 LOCATION: 13271 SW Hazelcrest Way WCTM 2S109DB,Tax Lot 5700 ZONING DESIGNATION: R-7: Medium-Denser 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. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.370.020.B 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ADJ2015-00001 Westgate Development Adjustment l SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located at 13271 SW Hazelcrest Way (WCTM 2S10913B, Tax Lot 5700); north of SW Hazelcrest Way;east of SW 133`d Avenue;and west of SW 132d Terrace. The 5,100-square-foot parcel is part of the Sequoia Heights Subdivision (SUB2013-00002), and is currently occupied by a detached, single-family home. The property is zoned Medium-Density Residential (R-7), as are surrounding properties. Proposal Description: The applicant is requesting approval for one Development Adjustment to reduce the minimum rear yard setback requirement from 15 feet to approximately 12 feet (20%). This proposed Development Adjustment will help accommodate a 200-square-foot patio cover that will be attached to the existing single-family home,in order to provide weather protection. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.370 Variance and Adjustments 18.370.020 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 request is to reduce the minimum rear yard setback requirement from 15 feet to approximately 12 feet (200/6),which meets the description of 18.370.020.B.1.b. This request is a Development Adjustment and is being processed through a Type I procedure. 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 applicant requests to reduce the minimum rear yard setback from 15 feet to approximately 12 feet (20%), in order to accommodate an attached 200-square-foot (10' by 20� patio cover that will provide weather protection. Staff has evaluated the applicant's submitted site plan and narrative to determine that this adjustment is the least required to achieve the desired effect. This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; AD12015-00001 Westgate lkecl gmunt.\ijusnncnt 2 There are no trees present in the relevant development areas.This criterion does not apply. c. The adjustment will not impede adequate emergency access to the site; Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not impede adequate emergency access to the site. In addition, the applicant's existing driveway exceeds the 15-foot minimum access requirement for residential use (TDC Table 18.705.1). This criterion is met. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. The applicant requests this Development Adjustment in order to accommodate an attached 200-square-foot patio cover in the rear yard for weather protection.As demonstrated above,the applicant's proposal complies with the 20% reduction for the minimum rear yard setback. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect. This criterion is met. CONCLUSION: This proposal is for a Development Adjustment, and is in compliance with the applicable standards of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Development 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 JUNE 4, 2015 E: AND BECOMES EFFECTIVE ON JUNE 5, 2015 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS a&tigard-or.gov. lune 4.2015 APPROVED BY: Lina Smith Assistant Planner AD12015-00001 Westgate Development Adjustment 3 APPLICANT MATERIALS RECEIVE® City of Tigard _ JUN 0 2 2015 COMMUNITY DEVELOPMENT DEPARTMENT Adjustment — Type I Application CITY OF TIGARD pp PLANNING/ENGiNEERING PROPOSAL SUMMARY(brief description): lCec, V/ \,Jay REQUIRED SUBMITTAL t rc, ELEMENTS � tr V pplication Elements submitted: The owners of record of the subject property request an Adjustment to the Community Development Code (please check one only): ow'ner's Signature/written uthorization 0 Development Adjustment–Front Yard Setback,Interior VTitle Transfer Instrument or Deed Setbacks and Lot Coverage e/Plot Plan(2 copies) Special Adjustments: V�rte/Plot Plan(reduced 8'/i'a 11") El Adjustments to Subdivision standards Applicant's Statement El Reduction of Minimum Residential Density ddressing Criteria under section 18.370.020) —_� El Washington Square Regional Center Dimensional and Filing Fee >J 2 Density requirements 1 ❑ Adjustments to Access and Egress Standards ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities Case No.(s): ❑ Adjustments to Street Improvement Requirements Related Case No.(s): ❑ Adjustments to Downtown Connectivity Standards Application Fee: Property Address/Location(s): Application Accepted: c2t By Date: Tax Map and Tax Lot#(s): w n s ti t a - Date Determined Complete: Site Size: –5-100 f%-F By: L Date: Comp.Plan/Zone Designation: Applicant: ��t ?�� fAJ e g��117�e i�'� C � Address: ^-�/ J Gt -VIS I. �.J--�C*. I:\cuRPu+\M&staau.«a Use Appkmbanwlu#nwM-Tw.I _ Ra.02/09/2035 City/state: C «0,\I-0 2 . Zip: a�- Primary Contact: �^y When the owner and the applicant Phone: �J� Email: /1-(► ,� w cU/1 are different people,the applicant must be the purchaser of record or a lessee in possession with written Property Owner/Deed Holderauthorization from the owner or ans)*: (Attach list if more than one) agent of the owner.The owner(s) Name: 01_* must sign this application in the �� �� r���_ �� space provided on the back of Address: �L 3�+ 7 t S _ ` this form or submit a written City/state: -'Q Zi authorization with this application. Zip: �r�C `� PP City of Tigard 13125 SW Hall Blvd. Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 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. THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject pronert;. • 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 required. Applicailf'/Atrtfronzed Agent signature Print name Date Owner's,signature Print name Date ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2 DECEIVED DAMS County,Oregon 2015-040180 JUN 0 2 2015 D- B Stn=7 Y LOPEZ 05/27/2015 09:57:13 AM CITY OF TIGARD $10.00$11.00$5.00$446.00$20.00 $492.00 PLANNING/ENONFEBINQ i,Richard Hobo michR Oinctor of Assessment and Taxation and Ex- `��j A M F,k ; THIS SPACE RESEF ca 0 County Clerk for Washington county,Oregon,do harsby tr certiy that the whirl"Instrument of wrttiny was raeehled and recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation, Fac-Officio After recording return to: Matthew F. Westgate 13271 SW Hazelcrest Way Tigard, OR 97224 Until a change is requested all tax statements shall be sent to the following address: Matthew F. Westgate 13271 SW Hazelcrest Way Tigard, OR 97224 File No.: 7000-2372082 (]E]) Date: April 26, 2015 STATUTORY BARGAIN AND SALE DEED V w Lennar Northwest; Inc., a Delaware Corporation, Grantor, conveys to Matthew Westgate, Grantee, the following described real property: 4 LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon,described as follows: Lot 5, SEQUOIA HEIGHTS,In the County of Washington and State of Oregon. The true consideration for this conveyance is$"5,150.00. (Here comply vvittt requirements of ORS 93.030) 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, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010, Page 1 of 2 APN:82187682 Bargain and Sale Deed Fite No.:7000-2372082(7©) continued Date:04126/2015 Dated this `?T `day of , 20 ` Lennar Northwest, Inc., a Delaware corporation 0 L By: R M. Selby, Vice sldent STATE OF Washington } )55. County of Clark ) This Instrument was acknowledged before me on this-L^— ay of 20-L.Ii- by Ryan M. Selby as Vice President of Lennar Northwest, Inc., on behalf of 04 corporation. LLI"- &tA� Notary Public for Washington M:Notary mission expires: A? Publicte of WashingtonMARCI-ANN BUCKOMMISSION EXPIRES JULY 03.2018 Page 2 of 2 M STAN.TSH (E) RETAMMEW GRASS to 60.00. r �r . . .......................... TA --4 v ` CIO VOW f as • �ARY - - �:;y - - _ = _ =_ - - : RECEIVED Y T [ 1. - / 2555A-3 "- r JUN 0 2 2015 t 4-t- i�=i-- -- r M - �---------------- CITY OF TIGARD uSYCAa�' :~ � ��� Us PLANNING/ENGINEERING cv- -: LXVAAE m" `rt CITY OF TIGARD Approved y P anning -1 ,. J '9..4 1..r r 1T `� -7- -------- '} �f� ��a C-} ti �1 T .z•-+---�- .ri. Date: i t l a l 5.Olt,gg- ct r .M 11 •S' V f Yl'S_'TL• L'.^"7r•" ..�_..�._. .� ��'t y' F[� MS' 1i♦.^.. �� ...:.I>Lf.�. 'J..s..-ter•' r?. 'T .y,c.. • .S�.y:j�: x� / / t l y�r,.�••Tw^� ��:.L 1 < I•...ZxI^T --'•l. 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' `x:41 K`[� -'tc 'T.'S:t•J•J=i4 1'.t.t .- SMT F W' -'-- SiTO; r � _ w N • TE NC��ETE a --- w ---- - CD - ' r 56W- 41 . 0600 VAL • •� •, -- •SAt 40 WATT METE • SAN SAN � 01l] City g of Tigard RECEIVED 18.370.020 Adjustments JUN 0 2 2015 CITY OF TIGARD B. Development adjustments. PLANNING/ENGINEERING 2. Approval criteria. a.A demonstration that the adjustment requested is the least required to achieve the desired effect; The adjustment requested is 20%. We'd like more, more would give us greater protection from elements— Rain/ Sun plus more function but 20% will work and is greatly appreciated. b. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees present, trees and shrubs will be added in conjunction of the completed back yard. c. The adjustment will not impede adequate emergency access to the site; The adjustment is in a private fenced back yard, no vehicle access.Adjustments would not interfere with any necessary human access. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. To achieve the function and protection the roof needs to go North not East or West. Thank you for your consideration. Sincerely, Matt Westgate