ADJ2017-00005 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2017-00005
YOUNG DEVELOPMENT ADJUSTMENT
120 DAYS =June 16, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: Young Development Adjustment
CASE NO.: Development Adjustment (ADJ) ADJ2017-00005
PROPOSAL: The applicant requests one development adjustment to reduce the front yard
setback requirement from 20 feet to 15 feet (25%) for an existing detached, single-
family dwelling at 10025 SW Johnson Street. The applicant proposes to add a
second story and attic to the existing home; however, the structure currently does
not meet the minimum front yard setback requirement. Accordingly, this
development adjustment is being requested in order to accommodate the proposed
addition.
APPLICANT: Bradley R. &Rebecca L.Young OWNER: Same as applicant
13430 SW Hillshire Drive
Tigard,OR 97223
LOCATION: 10025 SW Johnson Street;WCTM 2S102BA,Tax Lot 2300
ZONING
DESIGNATION: 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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.370.020.B
SECTION H. 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 N.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
AD12017-00005 Young Development Adjustment 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject site is located on the northeast side of SW Johnson Street, between SW Brookside Avenue
and SW Grant Avenue. The property contains two existing detached, single-family dwellings, and an
additional structure that is approximately 1,700 square feet in size. The applicant requests this
development adjustment for the detached, single-family dwelling located near the southwest corner of
the lot. The applicant proposes to add a second story and attic to this existing home; however, the
structure currently does not meet the minimum front yard setback requirement. Accordingly, this
development adjustment is being requested in order to accommodate the proposed addition. The
structure also contains an approximately 25-square-foot covered porch that projects into the front yard
setback; however, the applicant is not proposing any modifications to this porch. The property is
partially located in the Clean Water Services Vegetated Corridor and FEMA 100-Year Floodplain. The
proposed scope of work is located outside these Sensitive Lands. The site is zoned R-4.5 (Low-Density
Residential),as are adjacent properties.
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 front yard setback from 20 feet to 15 feet (250/o), which meets the
description of 18.370.020.B.1.a. 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 subject property has direct frontage along SW Johnson Street, which is classified as a
neighborhood route in the City of Tigard's Transportation System Plan (TSP). Therefore, in
addition to the 20-foot front yard setback for the R-4.5 zone, the property is also subject to an
additional setback that is equal to half the projected road width illustrated in the TSP (25 feet from
the right-of-way centerline).This standard is outlined in TDC 18.730.040.A.
The applicant proposes to add a second story and attic to an existing home located near the
southwest corner of the property; however, the structure currently does not meet the setback
requirements outlined above. Accordingly, this development adjustment is being requested in order
to accommodate the proposed addition. The proposed addition will not increase the nonconformity
ADJ2017-00005 Young Development Adjustment 2
of the existing home. 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;
There are no trees present in the relevant development area. 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 subject property has approximately
188 feet of direct frontage along SW Johnson Street. 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 addition to an
existing detached, single-family home of a particular design. As demonstrated above, the applicant's
proposal complies with the 25% reduction for front yard setbacks. 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 Tide.
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 FEBRUARY 23, 2017:
AND BECOMES EFFECTIVE ON FEBRUARY 24, 20
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS a&tieard-or.gov.
--� February 23.2017
APPROVED BY: Lina Smith
Assistant Planner
ADJ2017-00005 Young Development Adjustment 3
APPLICANT
MATERIALS
•
City of Tigard RECEIVED
COMMUNITY DEVELOPMENT DEPARTMENT FEB 16 2017
TY OF TIGARD
� .
Adjustment — Type I AppllCat10i1p,NNI NG/ENGINE RING
IJ
PROPOSAL SUMMARY(brief description):
REQUIRED SUBMITTAL
��r�•QC>� �� ZO f 72r /S "Cz'er yv ELEMENTS
v/ Application Elements Submitted:
The owners of record of the subject property request an Adjustment
/Owner's Signature/Written
to the Community Development Code (please check one only): Authorization
XDevelopment Adjustment—Front Yard Setback, Interior Title Transfer Instrument or Deed
Setbacks and I_.ot Coverage Wsite/Plot
ite/Plot Plan(2 copies)
P l
Special Adjustments: Plan(reduced 8'/2'x 11")
❑ Adjustments to Subdivision standards El Applicant's Statement
❑ Reduction of Minimum Residential DensityAddressing Criteria under Section 18.370.020)
ElWashington Square Regional Center Dimensional and Filing Fee
Density requirements
❑ Adjustments to Access and Egress Standards
❑ Adjustments to Parking Standards
❑ Adjustments to the Sign Code
❑ Adjustments to Wireless Communication Facilities Case
❑ Adjustments to Street Improvement Requirements Related Case No.(s):
❑ Adjustments to Downtown Connectivity Standards
Application Fee:
Property Address/Location(s):
Application Accepted:
— ' By: Date:
Tax Map and Tax Lot#(s): Z.S/O Z&A o �O�
Date Determined Complete:
Site Size: s/�. �4� /
�— By: LS, Date:
Comp.Plan/Zone Designation:
Applicant: /�PiQL' �,w�-/ ` y Yl!///!/lam/7, �—
Address: / , � /^.� I:\LYIRPLN\Masters\Land Use Appikatfons\Adjurtment—Type 1
Rev.07/09/2015
City/state: i264!fa cam' Zip: �;7ZZ�5;
Primary Contact: When the owner and the applicant
Phones' 7y>S3 Email:�Ya/i1 Ll1iNl',.Olfferent people, the applicant
mint 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: ��/�t J� S/ ? must sign this application in the
� , �.� 1-11L4,�IAr- y� space provided m the back of
Address: this form or submit a written
City/state: �C .�� d ' Zip: authorization with this application.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
1
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 proper
• 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 c=h owner of the subject property required.
Appli1luthortzed sign re Print name Da(e
U �5
Owner's signatu Print name J 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
Washington County,Oregon 2016-070330
RECORDING REQUESTED BY: D-OW
Stn=27 S AKINS 08/31/2016 03:30:29 PM
0 Fidelity National Title $10.00$11.00 55.00$355.00$20.00 $401.00
tax vroom.,
I,Richard Hobernicht.Director or Asses—ent and Taxation and Ex-
5400 SW Meadows Road,Suite 100 01 County Clem for Washington County.Oregon,do hereby
certiry that the within instrument of wrmng was received and
Lake Oswego,OR 97035 recorded In the took of records of said county.
GRANTOR'S NAME: Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
The Carl Reed Bypass Trust dated October 9,2013
GRANTEE'S NAME:
Bradley Ronald Young and Rebecca Lee Young RECEIVED AFTER RECORDING RETURN TO:Bradley Ronald Young and Rebecca Lee Young,Husband and
Wife
10005 SW Johnson Street FEB 16 2017
Tigard,OR 97223
SEND TAX STATEMENTS TO:
Bradley Ronald Young and Rebecca Lee Young CITY OF TIGARD
10005 SW Johnson Street
Tigard,OR 97223 PLANNING/ENGINEERING
and R462653
10005 SW Johnson Street.Tigard,OR 97223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STATUTORY WARRANTY DEED
Cindy Reed,Trustee of The Cart Reed Bypass Trust dated October 9,2013,Grantor,conveys and warrants to
Bradley Ronald Young and Rebecca Lee Young, Husband and Wife, Grantee, the following described real
property, free and clear of encumbrances except as specifically set forth below, situated in the County of
Washington,State of Oregon:
All of Lot 15 of the AMENDED PLAT OF NORTH TIGARDVILLE ADDITION,in the City of Tigard,County of
Washington and State of Oregon,lying West of the following described line:
th Beginning at the Southeast corner of Lot 15 of the AMENDED PLAT OF NORTH TIGARDVILLE ADDITION,in
0 the City of Tigard, County of Washington and State of Oregon; thence along the South line of said Lot 15,
T North 64°38'West 80.0 feet to a point;thence North 29°32'East(at 20.05 feet to an iron rod)a distance of
�I 307.1 feet to a point in the center of Fanno Creek from which an iron rod bears South 29°32'West 18.1 feet.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS THREE HUNDRED FIFTY-FIVE
THOUSAND AND NO/100 DOLLARS($355,000.00). (See ORS 93.030).
T Subject to:
Property taxes,which are a lien not yet due and payable,including any assessments collected with taxes to be
0
0 levied for the fiscal year 2016-2017.
0 Account No.: R462653
mCity Liens,if any,in favor of the City of Tigard. None found as of recording
Any adverse claim based upon the assertion that:
cc
C
O a.Some portion of said land has been created by artificial means,or has accreted to such portion so created.
Z b.Some portion of said land has been brought within the boundaries thereof by an avulsive movement of Fanno
Creek,or has been formed by accretion to any such portion.
(D Rights of upper and lower riparian owners in and to the use of the waters and the natural flow of Fanno Creek.
Rights and easements for recreation,navigation and fishery which may exist over that portion of said land lying
beneath the waters of Fanno Creek-
Easement(s)for the purpose(s)shown below and rights incidental thereto as delineated or as offered for
dedication,on the map of said tract/plat,
Purpose: Utilities
Affects: Reference is hereby made to said document for full particulars.
Deed(Statutory Warranty),Legal Printed. 08.25 16 @ 06.29 AM by KP
ORD1368.doc/Updated 05 23 16 Page 1 OR-FT-FPYM-01520.470008-45141614036
STATUTORY WARRANTY DEED
(continued)
Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document:
Granted to: City of Tigard
Purpose: Right of Way
Recording Date: June 15, 1964
Recording No.: Book 515,Page 239
Affects: Reference is made to said document for full particulars.
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.
IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below.
Dated: AAA[US
The Carl Reed Bypass Trust y BY: Lyn' 6r
Cindy Reed,
State of C5�'66m
Countyof SWGKc:tw�1 /
This instrument was acknowledged before me on 3 i� by Cindy Reed,Trustee of The Carl
Reed Bypass ust dated October 9,2013
�lotary Public-State of Oregon
\\ I t
' Commission Expires:
AMV COUCH
OFtEGON
.94SM
A— M
E]FBEFi 17.2010
Deed(Statutory Warranty),Legal Printed 08.25.16 @ 0829 AM by KP
ORD1368 cim 1 Updated 05.23.16 Page 2 OR-FT-FPYM-01520 470008-45141614036
LEGEND SITE PLAN
0 FOUND SURVEY MONUMENT FOR BRADLEY AND REBECCA YOUNG
SF SQUARE FEET
10025 SW JOHNSON STREET, TIGARD, OREGON
ASPHALT s";1s' IN THE NW 1/4 OF SECTION 2, T2S, R1W, WM
=D) CURB DROP ' WASHINGTON COUNTY, OREGON ,
1'0 53 C /�, 6",60' SURVEYED OCTOBER 7, 2016
DECIDUOUS TREE , o MAP 2S1 2BA TAX LOT 2300
0
EW ELECTRIC METER Al ����
C �o
,212",15'C , �� CITY OF TIGARD ?oP �
EVERGREEN TREE
Approved by Plann'ng }4"'�°' 7",1s
FIRE HYDRANT APP -12
�3 20
GAS METER Date:
OJP JOINT POLE , L S REIVED
R ROOF DRAIN Initials:
0 WATER VALVE (�)6",15
"I WATER METER � �~,1z' ��' PARKING F B 16 2017
0 CONCRETE 11~:20'
1~,40 ITY OF TIGARD
GRAVEL � �X _
NING/ENGINEERING
2",12' BUILDING
DEED DOCUMENT (4) �2`c �
NO. 2015-08355,48�2)0
Y. o`a
Ce-
8"'50'
C )5"c25'�� � 5 10".35'C
-� 5 X
DEED DOCUMENT NO. 97122298
` PROPERTY LINE \ SHED ;. o0
` ~,12 R KEYSTONE HOUSE
HOUSE
s' SCALE 1 '=3C'
'Moo REGISTERED
`U '< REGISTERED
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NS� PROFESSIONAL
SrR LAND SURVEYOR
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s' JULY 25, 995
�OF�_ f �� '� -' 3',1 ° ROBERT ALAN JOHNSON
#2725
2",40' �° EXPIRES 6/30/17
OHNSON LAND SWW INC, INC
wq?F qs 10185 SW HOODVIEW DR, TIGARD, OR 97224
503-407-9966 jsurvey@frontier.com jlsurvey.com
RECEIVE®
FEB 16 2017
Applicant's Statement CITY OFTIGARD
We are requesting a Type-1 Front Yard Setback Adjustment in order to add a seconZf SttS!hVqitQINC'
single family home located at 10025 SW Johnson Street. We have addressed the criteria under Section
18.370.020 allowing for this type of development adjustment in the following paragraphs:
18.370.020 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.
An adjustment in the front yard setback from 20'to 15'(25%) is being requested.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side
and rear yard setbacks required in the base zone.
Not requested.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
Not requested.
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 attached site plan for 10025 SW Johnson shows the front yard setback as 20.82
feet. The required front yard setback in the R-4.5 zone is 20 feet.
However,code section 18.730.040 states that when a yard abuts a street that has a
right-of-way width less than required,then the setback shall also include the
additional right-of-way area needed to meet standard. In this case that is 25 feet from
the center of the right-of-way according to city planners. There is currently 20 feet
from center,therefore,an additional 5 feet is included in the setback. That means
that the home is 4.18 feet into the setback.
As a result,the existing single family home at 10025 SW Johnson Street has a non-
conforming front yard setback. This makes the structure non-conforming and it can
only be expanded in a way that does not increase the non-conformity(code section
18.780.040.C). Vertically extending the wall that is within the setback to add a second
story increases the non-conformity.
The requested Development Adjustment is the least required to achieve the desired
effect of adding a second story to the existing structure without increasing the non-
conformity. By reducing the required 20 foot setback for the zone down to 15 feet,
proposed renovation and addition will exceed the necessary setback requirement by
.82 feet.
b.The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are impacted by the adjustment.
c.The adjustment will not impede adequate emergency access to the site;
The adjustment in no way changes or impedes adequate emergency access to the site.
d.There is not a reasonable alternative to the adjustment which achieves the desired
effect.
Given that the single family home in question is an existing structure,there are no
reasonable alternatives to the adjustment which achieves the desired effect.