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ADJ2016-00002 NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT (ADJ) 2016-00001, (ADJ) 2016-00002, (ADJ) 2016-00003, AND (ADJ) 2016-00101 EUROPEAN CLASSIC HOMES, LLC 120 DAYS =July 15,2016 SECTION I. APPLICATION SUMMARY FILE NAME: European Classic Homes, LLC CASE NO.: Development Adjustment (ADJ) ADJ2016-00001 ADJ2016-00002 ADJ2016-00003 ADJ2016-00101 PROPOSAL: The applicant requests four development adjustments to reduce the minimum setback requirements at 11451 and 11455 SW Greenburg Road (WCTM 1S135CD,Tax Lot 9000). In particular, the applicant requests to reduce: the front yard setback requirement from 15 feet to 11.25 feet (25%); the interior side yard setback from 5 feet to 4 feet (20%); the street side yard setback from 10 feet to 8 feet(20%);and the rear yard setback from 15 feet to 12.5 feet(17%). APPLICANT: European Classic Homes,LLC OWNER: Same as applicant Attn: Ove Petersen 7608 SW Pine Street Portland,OR 97223 LOCATION: 11451 and 11455 SW Greenburg Road;WCTM 1S135CD,Tax Lot 9000 ZONING DESIGNATION: R-12: Medium-Density Residential District.The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet.A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.370.020.13 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. AD12016-00001,.AD12016-00002,.AD12016-00003,and .AD12016-00101 kill-olyan Classic I Ionics,l,I,(: 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located at 11451 and 11455 SW Greenburg Road (WCTM 1S135CD, Tax Lot 9000); south of SW Greenburg Road, west of SW 95th Avenue, and east of SW 98th Avenue. The property has approximately 101 feet of direct frontage along SW Greenburg Road. In 1994, the City of Tigard Planning Division approved a three-parcel Minor Land Partition (Drennan Partition, Case No. MLP1994-00003) for this property and adjacent Tax Lots 9100 and 9200. The subject property was also approved for a variance to reduce the minimum rear yard setback requirement from 15 feet to 131/2 feet. All three parcels are zoned Medium-Density Residential (R-12), as are surrounding properties to the north, west, and east; adjacent properties to the south are zoned Low-Density Residential (R-4.5). In November 2015, the Planning Division approved a Lot Line Adjustment between Tax Lots 9100 and 9200 (LLA2015-00007). In February 2016, the Planning Division also approved a development adjustment for Tax Lot 9200 to reduce the nunimum rear yard setback requirement from 30 feet to 24 feet. Proposal Description: The applicant requests four development adjustments to reduce the minimum setback requirements at 11451 and 11455 SW Greenburg Road (\NlC'TM 1S135CD, Tax Lot 9000). In particular, the applicant requests to reduce: the front yard setback requirement from 15 feet to 11.25 feet (25%); the interior side yard setback from 5 feet to 4 feet (20%); the street side yard setback from 10 feet to 8 feet (20%); and the rear yard setback from 15 feet to 12.5 feet (17%). 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 applicant requests to reduce: the front yard setback requirement from 15 feet to 11.25 feet (25%); the interior side yard setback from 5 feet to 4 feet (20%); the street side yard setback from 10 feet to 8 feet (20%); and the rear yard setback from 15 feet to 12.5 feet (17%). These reductions meet the development adjustment descriptions outlined above, and are 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: AD12016-00001,AD12016-00002,AD12016-00003,and AD12016-00101 13uropcan Classic homes,LLC 2 a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant requests these development adjustments in order to accommodate a new duplex of a particular design. The property's buildable area is constrained by the presence of an access easement that is more than 30 feet wide. Furthermore, the property's north side has direct frontage along SW Greenburg Road, which is classified as an arterial in the Cite of Tigard's Transportation System Plan (TSP). Therefore,in addition to the 10-foot street side yard setback for the R-12 zone, the north side is also subject to an additional setback that is equal to half the projected road width illustrated in the TSP (50 feet from the right-of-way centerline). This standard is outlined in TDC 18.730.040.A. Staff evaluated the applicant's submitted site plan and narrative to determine that these adjustments are the least required to achieve the desired effect, based on the factors discussed above. This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; 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 adjustments will not impede adequate emergency access to the site. In addition, the site contains an access easement that exceeds the 20-foot minimum access requirement for three or more residential units (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 these development adjustments in order to accommodate a new duplex of a particular design. As discussed above, the property's buildable area is constrained by the presence of an access easement that is more than 30 feet wide, and an additional setback requirement for the property's north side. Accordingly, staff finds there is not a reasonable alternative to the proposed adjustments which achieves the desired effect. This criterion is met. CONCLUSION: This proposal is for four Development Adjustments, 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: Z 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. AD12016-00001,AD12016-00002,AD12016-00003,and AD12016-00101 13uropean Classic I-lomcs,I„,C 3 THIS DECISION IS FINAL ON MARCH 22, 2016 AND BECOMES EFFECTIVE ON MARCH 23, 2016 Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or I-inaCS(@dgard-or.gov. --�- March 22 2016 APPROVED BY: Lina Smith Assistant Planner AD12016-00009,AD12016-00002,AD12016-00003,and AD12016-nn1U1 I(uropcmi(;lassic I Ionics,I.1.(: 4 APPLICANT MATERIALS RECEIVE® MAR 15 2016 City of Tigard CITY OF TIGARD a PLANNING/ENGINEERING COMMUNITY DEVELOPMENT DEPARTMENT Adjustment -- Type I Application PROPOSAL SUMMARY(brief description): YItV tSFOR STAFF USE O NLY G��y t(oQtd1(rlf� tW�T1AS t, '�Q 1 rn11 A C�c l'ti+�117 s�c4� Case No.(s), AVT 2016 - 00001 — 00001 17.5`T tit krVsJl'%Ck 44 Vs4ruf S*d,sA&,kf w:x 100'jaJD.vJ• 2S`I'c r-K yar fc ac (Cil il." �S3 e owners o record of the subject property request an Adjustment Application Fee: I. to the Community Development Code(please check one only): APPlicatinn.lccepted: X Development Adjustment—Front Yard Setback, Interior By:_ G-.S Dart=_ As Setbacks and Lot Coverage Date Detern-ned ConVlete-- Special Adjustments: By:_ Date: El Adjustments to Subdivision standards ❑ Reduction of Minimum Residential Density Comp.Plan/'Lone De%"- ui.m: ❑ Washington Square Regional Center Dimensional and Density P—LCI. requirements 1:ACL)RPLNlMas*K%1ana Us-:Applxanmv'AnWStrnen:= ElAdjustments to Access and Egress Standards aevturos11015 'p` ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities ❑ Adjustments to Street Improvement Requirements ❑ Adjustments to Downtown Connectivity Standards Property Address/Location(s): ,. REQUIRED SUBMITTAL S LJGil'ee#1bk ri ELEMENTS Tax Map and Tai Lot#(s): S l 3� C�� 09 ny C' 6 Owner's,Signature/Written q Site Size: /2 ''g• Authorization j II-- 0 Tide Transfer Instrument or Deed Applicant: 6'(�t.�G p-&.h f /�S'S f G �77 t'14'S• L.C:L. [� Site/Plot Plan(2 copies) Address: L O� S lTl �!vet S f ❑ Site/Plot Plan(reduced 8'/2'x 11") City/state: ��'> /� + �, 0i- XT: e 1- —7223 N Applicant's Statement �''�� Primary Contact: ,,�)) (Ad.ng Criteria under moon 18.170.0211).0211j Q'�-t ►""�' . Filing Fee PhoneIC-c,`3 S 0L"'y Email: LtV TS/ lk(i -La►1 Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: SOt1'►�t C Address: City/state: Lip: *\Vhen 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. City of Tigard • 13125 SVG`Hall Blvd. • Tigard,Oregon 97223 • www.tig2rd-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"boa. THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attaclicd to or unposed upon the subject pro erns. • 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. SIGNATURE of each owner of the subject property required. ©Ve. Pe �erse� f 1� l6 :applicant/Authorized Agent signature Print name Date 64441i Q z fit ru,1 /� I y l Owner's signature Print name Date ADJUSTMENT—TYPE I APPLICATION Cityof Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2 Washington County,Oregon 2015-093149 D-DW 11/06/2015 09:44:35 AM Stn=22 S PFEIFER $15.00$11.00$5.00$290.00$20.00 $341.00 THIS SPACE RE I,Richard Hobernicht,Director of Assessment and Taxation and Ex- as officio county clerk for Washington county,Oregon,do hereby ` 7 certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobernicht,Director of I ���.� Assessment and Taxation,Ex-Officio After recording return to: European Classic Homes LLC 7608 SW Pine Street Portland, OR 97223 'x` Until a change is requested all tax MAR 15 2016 statements shall be sent to the CITY OF TIGARD following address: PLANNING/ENGINEERING European Classic Homes LLC 7608 SW Pine Street Portland, OR 97223 File No.: 7000-2534801 (MC) Date: October 01, 2015 STATUTORY WARRANTY DEED David A. Drennan and Joan Drennan, Grantor, conveys and warrants to European Classic Homes LLC , 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: PARCELS 1, 2 AND 3, PARTITION PLAT NO. 1994-102,IN THE CITY OF TIGARD, COUNTY OF r-- WASHINGTON AND STATE OF OREGON. 4D TOGETHER WITH AN ACCESS EASEMENT AS DELINEATED ON THE PLAT MAP. 00 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 $290,000.00. (Here comply with requirements of ORS 93.030) Q C) R W r� Q M- cc !L. Page 1 of 2 CITY of TIGARD RECEIVED Approved by la ning, MAR 15 2016 Date: 3 f CITY OF TIGARD Initials: L2 t PLANNING/ENGINEERING 106.60 — — — — — —�STANDARD SILT FENCING — — — — — — — \ 10'PRIVATE SEINER EASEMENT EDGE OF PATIO F/ ARTUILLY ARTIN LY.:; 1 PATIOm ATIO E OF R(..r _ s GARAGE r GARAGE ELEV.2D896 / ELEV.21OLO 0L ST 1 ' DRYt I � � NEVJA oSIDE YAM DFYQVYtiY I. 1445MAIN R VBURG R4 '1445NIAIN R OfRBURG RD r ELEV.2 38 EIEV. 1.00 �\ TYh� co APRON/ x. tse „ :. oosnNG % AAPRo% / (GRAVEL CONSTRUCTION ACC76.00 ESS} NOR �1 11455&11451 SW GREENBURG RD. IS135CD09000 / 8,692 SQ.FT.LOT AREA 6125S(TBUSLOAR , F .ACCESS EASEMENT LOT AREA SITE.PLAN 2,369 SQ.FT.BUILDING COVERAGE 20 phz,—�'7�Y l 3,228 S(LFf.TOTAL IMPERVIOUS AREA 38.7%BUILDING COVERAGE AREA 53.7%BUILDING AND IMPERVIOUS COVERAGE AREA 46.3%LANDSCAPE AREA 2/23/2016 European Classic Homes, LLC RECEIVED 7608 SW Pine St. MAR 15 2016 Portland OR 97223 503 515 9464 CITY OF TIGARD PLANNING/ENGINEERING City of Tigard, Community Development Department RE: Type I Development Adjustment for 11455 and 11451 SW Greenburg Rd. The following is the owner's statements regarding Tigard Community Development Code 18.370.020 B Development Adjustments(The applicable Development Standard is followed by European Classic Homes, LLC's comment) 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. Owner's comment: We are submitting building plans for this lot with the home oriented so that the 2 sideyards will be the south and north ends of the lot, with the front of the home oriented toward the accessway. 1) We are seeking a 20% reduction of the dimensional standard for the left(south) side yard setbacks. The Single Family Dwelling Unit Development Standard for the left side yard in an R-12 zone is 5' and we seek a reduction of 20%which would result in a 4'side yard on the south side. 2) We are seeking a 20 % reduction of the dimensional standard for the north side (SW Greenburg Rd). The Single Family Dwelling Unit Development Standard for a street side yard in an R-12 zone is 10'. 3) We are seeking a 16.67% reduction of the dimensional standard for the rear yard. The Single Family Development Standard for rear yard is a minimum of Win an R-12 zone. With the 16.67% reduction, the rear yard would be 12.5' 4) We are seeking a 25% reduction of the dimensional standard for the front yard. The single Family Development Standard for the front yard is a minimum of 15' in an R-12 zone. With the 25% reduction, the front yard would be 11.25'. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. 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; Owner's comment: This lot was created through Minor Land Partition MLP 94-0003. The 3 lots created with the partition are served by a joint accessway on the east side of the properties. Since the required accessway takes away substantial buildable lot area, the only practical way to orient the proposed building on the lot is with the front facing to the east, and side yards to the south and north. Further, the additional street side yard setback requirement from the City of Tigard to allow any future widening of SW Greenburg Road,further constricts the buildable area of this lot. Further, the reduced 4'south sideyard will be located next to an accessway hammerhead turn-around on the adjoining lot, creating space and liveability for both lots. The lot to the west is a 2 story apartment building that is situated with the front approximately 25'from the applicants property, and the orientation of these buildings is suitable, and is the least required to achieve the desired effect. The side facing SW Greenburg Rd will further be reduced due to the additional 20'setback requirement which addresses the ultimate standard of Greenburg Rd becoming a 100' R.O.W. Further, the 16.67% requested reduction for the rear yard setback is less than the maximum allowed, demonstrating that this is the least required to achieve the desired effect. b. The adjustment will result in the preservation of trees, if trees are present in the development area; Owner's comment: There are upward of 10 smaller caliber(6"or less) existing trees on the west side of the lot that will be preserved with the approval of this development adjustment. c. The adjustment will not impede adequate emergency access to the site, Owner's comment: The development adjustment allows for the accessway to remain open at all times for emergency access. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Owner's comment: The combined constraints that the accessway, the 20'additional street side yard setback required to allow for Greenburg Road widening, and the liveability of the area all suggest this is a reasonable and the desired effect cannot be reached in another way.