12532 SW 123RD AVENUE-1 F
1
r
1 �
i
CITY OF TIGARD
NOTICE OF DECISION
V 87-19
DON AND GAIL DYER
APPLICATION: A request by lion and Gail Dyer for approval of an Administ-ative
Variance to allow erection of an approximately six foot high fence where only
three feet is allowed in a required front yard on property zoned R-4.5 (Single
Family Residential, 4.5 units/acre). Location: 12532 SW 173rd Avenue
(WCTM 2S1 3R". lot 7300) .
DECISION: Notice is hereby given that the Planning Director for, the City of
Tigard has APPROVED the above application subject to certain conditions . The
findings and conclusions on which the Director based his decision are as noted
below.
A. FINDING OF' FACT
:. Background
The City Code Enforcement Officer stopped Mr. Dyer from completirn, '
further construction on his fence in late May, 1987. Mr, Dyer came to
City Nall ar_er• a letter informed him of the need to apply for- a
variance. Three pre-application conferences were held . Several weeks
later he signed a voluntary compliance agreement indicating he would
apply for the variance by June 30, 1987 and that he would make
payments to cover the application fee over a six month poriod endi.r.A
D, comber 19, 1987. The application �o�s not deemed "complete" inti.l
some time in early July.
2. Vicinity Information
Properties to the north ani east erre zoned and developed R-4.5 (Single
Family Residential, 4.5 units/acre) . Properties tr, the west are zoned
and detteloped as R-12 (Multiple Family Residential, 12 units/acre) .
Proper'..ies on the south side of Walnut Street are in the County; a
property directly south of the subject property directly south of the
subject property is part of the Washington County greenway system.
Properties to the southwest are in the City and are zoned and
developed as R-4.5.
3 . Site 1nfor ation and Proposal Description
The subject pruperty is located at the northeast corner of SW 123rd
Avenue and SW Walnut Street. The Lake Terrace Subdivision was platl-A
in May, 1984. All side and rear lot linea have a 5 foot a�sempnc for
the purpose of storm drainage, sanitary sewer and utilities. The
subject parcel he,. a 5 foot easement along the front yard property
line for water and a 15 foot sewer easement crosses the eastern (rear)
portion of the lot. A 5 foot easement exists in the southeastern
corner for utilities and a 10 foot scrip of land was to have been
dedicated to the public right--of--way along the property's southern
boundary .
NOTICE 0r DECISION V 87-19 DON AND GAIL DYER - NAGE 1
The home faces SW 123rd and consists of an artiroximately 1602 square
foot residence with an iittached garage. Along the southern edge of
the property, a previously constructed six-foot high fence enclosed a
small storage shed and children's play area. The rear yard has no
fencing 'aut it abuts a private lake. A previously existing cedar rail
fence rs.,easuring 3 feet 9 inches in heiqht extends about 22 feet along
the northern side yard.
After being required by the City to stop all work on the subject
fence, the applicant- continued to complete it. The new fence extends
8 feet, 1 inch into the north side yard, then it turns southward for
38 feet, 9-1/2 inches and then turns 15 feet eastward into the
required front yard. This fence measures at least six feet in height
in a required front yard.
The applicant is requesting a variance to Code sections
18. 1.00.090(b)(1) and (4) which require the maximum allowable height of
a fence or wall in a required front yard to be 3 feet. Where this
height cannot be met- '.',ien the building setback regUirements must be
satisfied by the fence, i .e. , the fence must be set back 20 feet
(minimum front yard setback in the R-4.5 zone) from the front property
line,
4. Agency and NPO Comments
Portland General Electric has reviewed the proposal and has no
objections to it.
The Engineering Division has reviewed the PM, USal and has no
objections to it except- as noted here:
The applicant shall clear trees and shrubs from the intersection
visual clearance area (as per Tigard Code Chapter 18. 102.030) at
the intersection of SW 123rd Avenue and SW Walnut Street.
The Engineering Division has also indicated that the new proposed
fence may be located insi,ie the public right-of-way. The fence
does not pose any problems with respect- to vision clearance but
the applicant should be aware that the fence is improper.y located.
The Tigard Water District has reviewed the proposal and has the
following comment:
The water district has no objections as long as the proposed fence
does not interfere with existing water meters or fire hydrants.
The district must have access to same at all times.
General Telephone Co. has reviewed the proposal and has requested the
applicant to call GTE prior to digging to locate a cable. In a phone
conversation with GTE, staff explained that the fence had already been
constructed. GTE': did not feel the fence would pose a problem.
No other comments were received.
NOTICE OF DECISION - V 87--19 DON AND GAIL DYER - PAGE 2
D. ANALYSIS AND CONCLUSION
Section 19. 134. !50 the Community Development Code contains the criteria
whereby the Director can approve, approve with conditions, or deny an
application for, a variance. They are as follows:
(1) Tho proposed variance will not be materially detrimental to t;ho
purposes of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies and
standards; and to other pr•ope..rties in the same zoning district or
vicinity.
(2) There are special circumstances that exist which are peculiar to
the lot size or shape, topography or oth • circumstances over
which the applicant has no control, and which are riot applicable
to other properties in the same zoning district;
(3) The use proposed will be the same as permitted under this Code and
City standards will be maintained to the greatest extent that is
reasonably possible, while permitting some economic use of the
land;
(4) Existing physical and natural systems, such as butnot limited to
tr,iffic, drainage, dramatic land forms or parks will not be
adversely affected any more than would occur if the development.
w-re located as specified in the Code; and
(5) The hardship is riot self—imposed and the variance requested is the
minimum variance which would alleviate the hardship.
The proposed variance will riot- be materially detrimental to the Code or be
in conflict with the policies of the Comprehensive Plan, to any ,ther
applicable policies and standards, or to other properties in the same
zoning district or vicinity. There are no ro&l special circumstances over
which the applicant has no control except. for the fact thatthe lot would
be totally exposed if riot for the fences. The applicant could riot
successfully fence off his rear yard because of the lake and the
cooperative need to fence in his eastern neighbor' s front yard in order to
block the view of passing vehicles and pedestrians. Therefore, it is
logical that the applicant would want to enclose riot only his corner side
yard but also as much of his relatively small front yard as well to create
as much privacy as possible. Existing ph!,sical and natural systems will
not be adversely affected any more than would occur if the development (in
this case a fence) were located as specified in the Code.
Chapter 18 . 102 contains provisions pertaining to Vision Clearance Areas.
The purpose of this chapter is to establish standard which will assure
property sight distances at intersections in or•dpr to reduce the hazard
from vehicle turning movements.
Code Section 18 . 102 .020 states that a clear vision area shall contain no
vehicle, hedge, planting, fence, wall structure, or other obstructions
exceeding 3 feet in height except that trees exceeding this height may be
NOTICE OF DECISION — V 07- 19 DON AND GAIL DYER — PAGE 3
located in this area provided that all branches below 8 feet are removed.
A vision clearance area for this intersection would begin at the point
where the southern property line meets the property line that runs along
SW 123rd Avenue and would extend 30 feet. in both of these directions. A
triangular vision clearance area is then derived by connecting both of
these points. The proposed fence, therefore, will not be located in the
vision clearance area.
The southwestern corner of the applicant' s property conta.?.ns considerable
vegetation including trees and shrubs over three feet- in height.
The Engineering Division has requested that all vegetation be removed or
trimmed as appropriate in this vision clearance area.
The appli^ant should be aware that because the fence is located in the
5 foot front and side yard easements, it is riot inviolable should the
Water District or, the City need to repair or replace utilities in these
easements.
Staf`° rHcommends approval of this variance request subject to conditions.
C. DECISION
The Planning Director for the city of Tigard hereby approves V 87 19
subject to the following conditions :
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET WITHIN 90 DAYS OF
THE FINAL APPROVAL DATE.
2. The applicant- shall pay the balance due on the administrative variance
application fee prior to December 18, 1987 at 4:00 p.m.
3 . The applicant shall clear trees arid shrubs from the intersection
visual clearance area at SW 123rd and SW Walnut Street. 'Trees with a
caliper- of 6 inches or more at a height of 4 feet can remain provided
all branches below 8 feet have been removed.
4. The applicant shallsecure a field inspection and written confirmation
from the Tigard Water District and General Telephone Company that the
fence does not or will not interfere with their operations.
5. This approval is valid if exercised within one year of the decision
date noted below.
D. PROCEDURE
1 . Notice: Notice was pub] ished in the newspaper, posted at. City 11.111
and mailed to:
XX The applicant 6 owners
XX _ Owners of record within the required distance
XX The affected Neighborhood Planning organization
�XX Affected governmental agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON ACTOBSB_1919�T r
UNLESS AN APPEAL IS FILED.
NOTICE OF DECISION — V 87-19 DON AND (TAIL DYER — PAGE 4
i
i
3 . Appeal: Any party to the decision may appeal this decision in
accordance with Section 18.32.2.90(A) and Section 18.32.370 of the
Community Development Code which provides that a written appeal must
be filod with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 3:30 P.M. OCT. 19, 1987.
(Luestions : If you have any questions, please call the City of Tigard
Planning T Dopartment, Tigard City Hall, 13125 SW Hall Blvd. , PO Box
23297, Tigard, Oregon 97223, 639-4171.
PREPARED BY: Deborah
A. Stuart, Assistant Planner DAI-E
William A. Monahan, Director of Community Development DATE APPROVED
sb/'10711.)
NOTICE OF DECISION -- V 87-19 DCN AND GAIL DYER -- PAGE 5
i
I
..- -e•ssr�.�•�7Q �W V t✓�
I
BUILDING PERMIT APPLICATION `"o Y TIGARD UATE __ 4 / 19---
THE UNDERSIGNED HEREBY APPLIES FOR APERMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE
OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNERPHONE_
LOlNO..
OWNER J09 ADDRESS17')"? r,l ' 123rLt HOME ADDRESS _
—' ARCHITECT
ENGINEER
BUILDER _ ADDRESS DESIGNER
STRUCTURE ❑NEW ❑F;VMO,:)EL ❑ADDITION ❑REPAIR _❑RENEWAL ❑FIRE DAMAGE ❑DEMOLITION
-]RELIGIOUS[:]PATIO PORT ❑GARAGE ❑STORAGE❑SLAB ❑FENCE
❑ RESIDENCE ❑COMM ❑EDUCATIONAL ❑GOV'T
❑BOND ❑MOVING ❑CONDITIONAL USE ❑DESIGN REVIEW ❑COUNCIL APPROVED ❑SIGNS
OCCUPANCY ' LAND USE LONE r' __BLDG.TYPE_ -- FIRE ZONE PLAN CHECK BY HEAT _
to t;jItetxWL.t s;, � ��r1 pr aWi'4y , not, to hir�r,ur
�G� 1 0AD FLOQB- OA -,___ HEIGHT___ -NS? QF3-ISS _ AREA NO,BEDROOMS VALUE �_...
_BUILDING DEPARTMENT SET BACKS FRONT REAR LEFT SIDE RIGHT SIDE
Permit ,:.Lo.00
—" THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE. ZONING
Plan Check REGLILATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE
WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH
Subtotal ALL APPLICABLE CODES AND ORDINANCES THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE
-- — RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS
State-lax •40 LICENSE. SEPARATE PERMITS RE.OUIRED FOR SEWER, PI UMBING AND HEATING
Total --- U00 40
By P1
APPLICANT OR AGENT
Approved Receipt No
.. `.......Y .....��•--�--- ..ter..........
i
I
1
DATE INSP. TYPE INSPECTION _ REMARKS PLUMBING — DATE
Contractor
_--J--.--� Permit No.
——---- -----.—.. _- Rough-in —
_ Fixture
s _— -
---- Final — — -
HEATING
--- —- ---- -_--i— Contractor
— -•-- — - ----- Permit No.
Gas or Oil
— ------—
Rough-in
-- --- Final J -
--- ---- --------- SEWER
Final
DRIVEWAY'
Final
Storm Drainage
(Rain Drain)Final
Sidewal k
--_- T--- —�---^ Curb&Street Final
Approach
BLDG. DEPT. FINAL TEMPORARY CERTIFICATE OCCUPANCY Final
CERTIFICATE OCCUPANCY
Landscaping
Zoning Final
4WNFN
:�Z � '► Al J+'��W��;,,��I�N i� �';��I AM`1:q`�Y�y�•i1��V IN�_ilA•�� �!P�,��g
..-.�.� ,. iar�d YM v3✓ �I v 1v�y •.-,/t^ 1. ,/N �
S'A v'tf v� a
„r• __ . . ._ - �x'.17:.�� 5:!1:�.�`' _�. �. .���:.
OC,
O
• �,� c�, ,
�1
t� CITY OF TIGARD c� �► �� ��
. OREC' N
Owner. t1...W...D.....C.an.tractars............................Permit No.....145.5.......... ,� ' `i'•
• i BtuhiaB Address.....12532 5W„123rd.................................. ....... ....................... y
} , Certificate is hereby given this.... ..........day of....Q.a.lwu.hex............ 19.....7.7
that said building may be occupied and r
, � t { .
E that it complies with all requirements of
y� �'• '�I t the Building Code for the City of Tigard,
its approved by the Tigard City Council.
M
Building Inspector
U ;Z
� �R^— r„r`'. �Rr— � .ti� �i�'1�� Y r.,,,� ! � J�' ^b', .�� U'�.r't •l"+++� ,,.y �,..� i+� A
' �"��,_ r h+��+'ro`����+�♦ dYF' J� ���r}. ,y�/=_ry, �•np,,�1�� � ;id��'iilx� '�,P,y'J,�r•'' "'�ryu�
•�•� ll lMU�M U J A.
r
' S 3 �? ^�� I a 3 K __.____ P E R fn 17
PERMT CtiAkGE none, .
C?lJ Pl;:R ��:....�:__.•.�,.�•' -�;�--'=k°-`�
cnNNECTION FEF ._.�.... � !
PAID By
TYPE: OF* BUlt-OliNk 'IAT' CONNI CTED !M�_
IN 5PECTIUN F'EE S _. .
CONTRACTOR __ PAID BY DATE
5I7OF CONNECTION � ___�_ _.___�._ A5SE:SME NT _ _ PAID r.,�
i
I
I
i
i
eBUILDING PERMIT APPLICATION Co y TIC ARD DATE Rs 12-77
THE UNDERSIGNED HEREBY APPL ES FOR APERMIT FOR THE WORK HEREIN INDICATED GIIILDERPHONE 6 9-6(16111
OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNERPHONEr
LOT NO.
OWNER _'_U_ l_prl�{ JOB ADDRESS �,A, 12-Arri- HOME ADDRESS
ARCHITECT
ENGINEER
BUILDER G;1t;1,. __ ADDRESS DESIGNER
S`RUC-iURE �`—❑� NEW ❑REMODEL ❑ADDITION ❑REPAI R ❑RENEWAL ❑FIRE DAMAGE ❑DEMOLITION
❑ RESIDENCE LCOMM ❑EDUCATIONAL ❑GOV'T ❑RELIGIOUS❑PATIO ❑CAR PORT ❑GARAGE ❑STORA;iE❑SLAR ❑FENCE
C OND ❑MOVING ❑CONDITIONAL USE ❑DESIGN REVIEW ❑COUNCIL APPROVED ❑SIGNS
O(_ijPANCY__1__LAND USE ZONE _"7 BLDG.TYPE 4'� -- FINE ZONE.. PLAN CHECK BY L ._—
(_ot V803 cunat. ai.ngla Family dwelling w/ ' Cached garage - - -
3 badrac►r 7 bath
gars�je 534 act, ft,
UCtryYQAU FLOOR LOAD^Qq _, HEIGHT_ 2fl NO-STORIES AREA 1J�CJ NIZ,$�FjQ a VALUE' ►
BUILDING DEPARTMENT SET BACKS FRONT 20 REAR 41i LEFT SIDE t RIGHF SIDE
Permit 14:,.Utl —- ---�-- -_-- ___-
— THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING
Plan Check 72.6n. REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE
WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH
Sub-total ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE
- - RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE C.IRRENT CITY BUSINESS
State Ta), 09b3 LICENSE. SEPARATE PERMITS REQUIRED FOR SEWER PLUMBING AND HEATING
.;.;.•,�.iau
Total 224.n3
BY -
-- APPLICANT OR AGERi
Approved ItW Receipt No
ADOSIS 5-- PiliiNf -
DATE INEP. TYPO- INSPECTION REMARKS PLUMBING DATE
Contractor
Permit No.
Rough-in
17- Fixture
17
Final
HEATING
Contractor
Permit No.
5
Gas or Oil
_5ourah irl ----
Filial
SEWER
Final
DRIVEWAY
Final
Storm Drainage
(Rain Drain) Final
Sidewalk
Curb&Street Final
------- Approach
BLDG DEPT. FINAL TEMPORARY CERTIFICATE OCCUPANCY
CERTIFICATE OCCUPANCY Final
Landscaping
Zoning Final
2- ul I o z Lu LL i
O U Fr >W
uj
v/ -1 u'V �� NQLLI ; �
U w [ � ,� of z � m
dH \
m tl
I1 \ C) a C9 ¢
(ti`iIl a Q Q Q J
I J Uww
of _ a zwa�. '�2
°HW
LLI
WI >
~W 2U
2
z O
0 a a a r 0
ft aW W QZ a
O W
W
z . S Svfa >H
cr w z
z -� h 2 U W z Z W
O m O u O '`' ( w ( p O V ~ p
' C.I W d V Q I~ 't- Z LL LL N
l C7 a > Q Q Oz a
i r1 N 2 C m W Frnu WO0
F Z a U O z w N U 2
Q a 7 i �' oznac
/
w I OU z ul 2 z N y o a 1
l \ -1 O
L—L ul F �. di \ O 2 V
1 U Ni 2 SO n N i FgqUa7 c ¢
a w J n a r
w LLl a ("� C) a: cr t O z w �-
h a vi J �y
O x 0 U w W W 0 cr Y L ` 1
aWxz4O
Q Q Co 2 0 z = o zOc,
O to v' a F 2 w a ~ u, wO ja' v
2 rJ (r a Q W OJtryfr - v
k W Q Q a LL cr gym • O w
uuL Q Q n
o z r o [ � mac � � N �Q E
CL U
LL
N ut ul z -' 2 co
w h w
eQ cr 2 i O Q a' F � dW74
yy a' V F C) y > = 2 HzOW > Q
`. d Q Q W Q Q F W Q y a � �
C) Q Q d > a n /, S LL h -znL,
FAL o � [ ) 0 o j
U j _ > w
U.
7 H Ir - J J _ y G
C7 ui [ I < d � a ¢ x CL
7 I J 2 m NL7 Q' jy W
CL d L W 1 W V I I
Q � ; u o [ ) Ha < � J rc
al O d u' I J
F. n o: Ir. v h a O r+ 0 n
,,,
°, 0 o ri r r(
Ll I Lu 7
7 LL
L) iiiy U [ J a I
+ � u j Z) ��
(71N 7
< u u u' cl
7I �j Clu a. v
p w T ' c u v
1 I a > Ll, O t d p cr
1 Q.I C I V rc
Ci
NO
U ep V
r
SEWER PERMIT Ntl 12165
U5-12Unified Sewerage Agency DATE
-77
of Washington County CITY OF_;�� st� ----
OWNLR : Cl II ^ r nns}
OWNER 'S ADDRESS: --
TYPE OF INSTALLATION:
[X]BUILDING SEWER U BUILDING SEWER AND SIDE SEWER
TYPE OF OCCUPANCY:
❑NEW [j SINGLE FAMILY [:] COMMERCIAL
❑EXIST . (PRIOR TO 7- 1-70 ) ❑ MULT. RES.
INDUSTRIAL
UNITS 1
DWELLING
FIXTURE UNITS '
PERMIT CONDITIONS: THE APPLICANT AGREES TO COMPLY V'ITH ALL RULES
AND REGULATIONS OF THE UNIFIED SEWERAGE AGENCY . WHEN CALLING FOR
INSPECTION, PLEASE REFER TO THE PERMIT NUMBER . THIS APPLICATION
EXPIRES IN ONE-HUNDRED AND TWENTY ( 120 ) DAYS. THE AMOUNT PAID WILL
BE FORFEITED SHOULD EXPIRATION OCCUR . i
FEES:
PERMIT FEE $_ ?,;-
CONNECTION
F CONNECTION CHARGE `•�5• r
SIDE SEWER INSTALLATION - ISSUE
OTHER
Q00 p TOTAL PP 600.
d.
PPLICANT DATE
SEWER PERMI NV 12165
ADDRESS OF STRUCTURE 12532 5W 123rd. -
TAX LOT —
SYSTEM Fenno Creek
1 AX MAP
LOT 803 BLOCK _OF —
APPROVED BY
DATE ISS ED BY ~— DATE
REMARKS Bldg. #1455
i
I
X
Z Y, ? b
�v
37
r, yl
CITY OF TIGARD
ORDINANCE 077-26
STREET SYSTEM DEVELOPMENT CHARGE
DATE :__5-12-77 ESTIMATED SALES PRICE S_�Sn� 110n
APPLICANT NAME D.W.D. Const, TELEPHONE T 63D-688t
JOS ADDRESS 12532 SW 123rd. _ __ BLDG. PERMIT t455
AMOUNT OF FEE FOR S. D. C .__ 5300. 00
DESCRIPTION OF IMPROVEMENT single family dwellina_
EXENPTiONS -PER ORDINANCE 277-26
FE_e_ HAIL5:
A. Single family dwelling unit under $50, 000. --------- $300. 00
B. Single family dwelling unit over $60, 000. - ------ $400. 00
C . Mobile Home Court Space (Now Development)---------- $150. 00
D. Multi-Family Dow1lings--per unit------------------- $240. 00
E. Commercial , Industrial & Institutional ( Park. 5pace) $ 50. 00 each
F,. Single family unit under 540, 000- ---------- ------ $250. 00