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ADJ2018-00010 ADJ2018 00010 OAKWOODS NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2018-00010 OAK WOODS 120 DAYS = August 2, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Oak Woods CASE NO.: Development Adjustment (ADJ) ADJ2018-00010 PROPOSAL: The applicant requests one development adjustment to reduce the front yard setback requirement from 20 feet to 15 feet (25 percent). The subject property is Lot 4 of the approved Oak Woods Subdivision (Case No. SUB2015-00011). APPLICANT: Biggi Construction,LLC Attn: Vince Biggi 11605 SW Normandy Lane Wilsonville, OR 97070 OWNER: Same as applicant LOCATION: 6885 SW Locust Street;WCTM 1S136AA,Tax Lot 15000 ZONING DESIGNATION: R-4.5:Low-Density Residential Zone.The R-4.5 zone is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 75500 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.790.030.A 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. A J2018-00010 Oak Woods 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is Lot 4 of the approved Oak Woods Subdivision (Case No. SUB2015-00011), which was approved by the City of Tigard Planning Division in November 2015. This approval was for an eight-lot subdivision, located north of SW Oak Street, south of SW Ventura Drive,west of SW 69``' Avenue,and east of SW 70`h Place. The site is zoned R-4.5 (Low-Density Residential). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.790 Variance and Adjustments 18.790.030 Adjustments A. Development adjustments. 1. The following development adjustments shall be processed through a Type I procedure, as provided in Section 18.710.050, using criteria in paragraph 2 of this subsection A: a. Front yard setbacks. Up to a 25 percent reduction of the dimensional standards for the front yard setback required in the applicable base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20 percent reduction of the dimensional standards for the side and rear yard setbacks required in the applicable base zone. c. Lot coverage. Up to 5 percent increase of the maximum lot coverage required in the applicable base zone. The request is to reduce the front yard setback from 20 feet to 15 feet (25 percent), which meets the description of TDC 18.790.030.A.1.a. This request is a development adjustment and is being processed through a Type I procedure. 2. The approval authority shall approve or approve with conditions a development adjustment when all of the following are met: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant states that during the construction process for a new detached,single-family home on the subject property, the foundation was incorrectly poured, and now projects into the front yard setback. Accordingly, the applicant requests approval to reduce the front yard setback from 20 feet to 15 feet (25 percent), in order to account for this error. Staff has evaluated the applicant's submitted site plan 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 is a corner lot and has frontage on both SW Locust Street and SW 69`h Avenue. This criterion is met. d. There is not a reasonable alternative to the adjustment that achieves the desired effect. ADJ2018-00010 Oak Woods 2 The applicant states that during the construction process for a new detached, single-family home on the subject property, the foundation was incorrectly poured, and now projects into the front yard setback. Accordingly,the applicant requests approval to reduce the front yard setback from 20 feet to 15 feet (25 percent), in order to account for this error. Because the foundation is already in place, there is not a reasonable alternative to the adjustment that 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 provided to: X The applicant and owner Final Decision: A Development Adjustment is a Type I procedure.As such,the Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally,and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 4, 2018. AND BECOMES EFFECTIVE ON APRIL 5, 2018. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS&tigard-or.gov. ^-- April 4;2018 APPROVED BY: Lina Smith Assistant Planner AD)2018-00010 Oak Woods 3 APPLICANT MATERIALS City of Tigard RECEIVED 11 COMMUNITY DEVELOPMENT DEPARTMENT MAR 29 2018 Adjustment — Type I Application CITY OF TIOARDR Pi ING PR POSAL SUMMARY (brief description): REQUIRED SUBMITTAL �L 7i ELEMENTS 'Al Aoav! 9- 1 ,/ Application Elements Submitted: The owners of record of the subject property request an Adjustment to the Community=Development Code (please check one only): Owner's Signature/Written Authorization Development Adjustment—Front Yard Setback, Interior Title Transfer Instrument or Deed Setbacks and Lot Coverage Site/Plot Plan(2 copies) Special Adjustments: Site/Plot Plan(reduced 8',/2'x 11") ❑ Adjustments to Subdivision standards Applicant's Statement (Addressing Criteria under Section 18.370.020) F-1 Reduction of Minimum Residential Density ❑ Washington Square Regional Center Dimensional and Filing Fee Density requirements ❑ Adjustments to Access and Egress Standards ❑ Adjustments to Parking Standards FOR STAFF USE ONLY ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities Case No.(s): R-� ❑ Adjustments to Street Improvement Requirements Related Case No.(s): ❑ Adjustments to Downtown Connectivity Standards 3 Application Fee: Property Address/Location(s): Application Accepted: Q(5 5— :5� /—C2 C-1 5 By: c Date: Tax Map and Tax Lot #(s): Date Determined Complete: Site Size: By: � Date: Comp.Plan/Zone Designation: Applicant: t. t <fu7S/ 0/� �..1 Address: 1:\CURPLN\Masters\Land Use Applications\Adjustment—Type I Ren.02/09/2015 City/state: czt Zip: 7e? o Primary Contact: U * When the owner and the applicant Phone: mail: L3L; 4-,/ !� are different people, the applicant - .cl�51h,. 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: must sign this application in the space provided on the back of Address: this form or submit a written City/state: Zip: authorization with this application. City of Tigard 13125 SW Hall Bl-,,-d. • Tigard,Oregon 97223 0 wwwtigard-or.gov • 503-718-2421 • Page 1 o.f 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 anv deed restrictions that may be attached to or imposed Tnon the subjec_t12op r • 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. Applicant/Authorized Agent signature Print name Date 3 ,2 G . Owner's signature Print name D to ADJUSTMENT—TYPE I APPLICATION City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • w\vwtigard-or.gov 503-718-2421 Page 2 of 2 Geographic Information Systems-Washington County,Oregon http://washims.co.washington.or.us/GIS/index.cfm?id=20&sid=3&ID... .c o Geographic Information Systems 4 Navigation: Washington County»GIS»Reports: Parcel Pwurt 15136AA1500 General Information interactive maps Parcel Report for Taxlot: IS136AA15000 map gallery " data catalog r contacts Q other gis links = 10048 6911 6891 gis introduction 10009 f"' O frequently asked questions I W06 Property Search _ 10022 10036 property/taxlot V) i 0005 tax maps F gps latitude/longitude 7081 1 7063 6979 6955 6939 6923 1 68 Survey Search - � 6993 10003 Land Services _.. al Building Services I,_ =Content Restricted a Q z z Uj 7050 10160 6970 V 6930 1017: 7fi 6920 General Property Information Map&Taxlot ID#: IS136AA15000 Real Property Account#: R2199807 Site Address: 6885 SW LOCUST ST.TIGARD OR,97223 City/State/Zip: Legal: Sub Reports: District Overlay Information Assessment&Taxation Information Scanned Tax Maps Permits&Projects AN Additional Reports: Land Development Information Ownership Information: BIGGI CONSTRUCTION LLC 11605 SW NORMANDY LN WILSONVILLE, OR,97070 EN GeoNET Map: 1S136AA15000 Interactive Mapping: InterMao Other Resources: Link to External Sites: Virtual Earth Viewer Google Maps Street Viewer ©2000-2018 Washington County.All rights reserved.Links to external sites do not constitute endorsements by Washington County.By visiting this and other Washington County web pages,you expressly agree to be bound by the terms and conditions of the site.For questions regarding information privacy,liability,accessibility,and public records policies,please review the statements document. This page maintained by Washington County Technology Services. Need assistance with this page?email us 1 of 1 3/29/2018,4:19 PM CITY OF TIGARD ,�''�, z Approved by PI nning 0 Date. w c Initials: 1�1-S O APPROVED FOR ADJUSTMENT TO REDUCE Q FRONT YARD SETBACK FROM 20'TO 15' Q 26.75' 30]' - ` 30K 0 , / 1A�,1. 3051, ; LOT 4 O STFMI O 307.' � � Ing—= RAM= N '� I _ ��' z cru.SM r 30r UJI >i O 311/ ! CARAGE 0- I ! .o1 c , Q u `.J 017F—YW1, ! ti. 1 rwnarn. � � 3 CO WEDFOW s WATER STORM DRAM 70 TET WON ON I APPROVED CSS CUT i € SANFARY SEWER 6885 SW L ZQ _ OMXR_ L Oro VERFY SETBACKS SHOWN: 17'5"TO FRONT OF HOUSE 20'5"TO FRONT OF GARAGE .fUf'1Tmb �L (SITE PLAN NOT TO SCALE) LEGAL DESCRfPTION LOT 4 —OAK WOODS SW LOCUST STREET TIGARD,OREGON IbW� w ra SOT AREA 6-562 SQ FT 201 LA*Mom OR woos LIPS NOUS AREA F rs�4360" PAS 1AY 4W SQF W 9CL FT mar mm __ NOT LIABLE FOR 1}�AGCY dF 7Ff CDNC rYAEt( a2 U r ,� CHMALEM s TOPO( 44PM�TIOf1 R m ung UFJMLrF M VU*Y ALL S l P�DNG CdVERAGE mv,� FOOTPPW Bbl SQ.Fr g.W M ONNVB7S� � A NCOTMEST DE51GN MODRCATOM Proposed Code Amendment 1. The following development adjustments shall be processed through a Type I procedure,as rovided in Section 18.710.050,using criteria in paragraph 2 of this subsection A: a. Front yard setbacks.Up to a 25 percent reduction of the dimensional standards for the front yard setback required in the applicable base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks.Up to a 20 percent reduction of the dimensional standards for the side and rear yard setbacks required in the applicable base zone. c. Lot coverage.Up to 5 percent increase of the maximum lot coverage required in the applicable base zone. 2. The approval authority shall approve or approve with conditions a development adjustment when all of the following are met: a. A demonstration that th adjustmetquested is the least required to achieve the desired effect; 7J,'1/c�� ��� p ' (x-''26v� b. The adjustpent will result in the preservation of trees,if trees are present in the development area; �IA c. The adjustin twill not impede adequate emergency access to the site; d. There is n t a rea onable alternative to,,the adjustment that achieves the desired effect. B. Special adjustments. Special adjustments are deviations from development standards. The approval process and approval criteria for special adjustments are provided below. 1. Adjustments to development standards within Chapter 18.830, Subdivisions.The approval authority shall consider the application for adjustment at the same time as the preliminary plat. The approval authority shall approve or approve with conditions an adjustment application when all of the following are met: a. There are special circumstances or conditions affecting the property that are unusual and peculiar to the land as compared to other lands similarly situated; b. The adjustment-is necessary for the proper design or function of the subdivision; c. The granting of the adjustment will not be detrimental to the public health,safety,and welfare or injurious to the rights of other owners of property;and d. The adjustment is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship that would result from strict compliance with the regulations of this title. 2. Adjustment to minimum residential density requirements in residential zones.An adjustment to the minimum residential density requirements in Section 18.110.040,shall be processed through a Type I procedure,as as provided in Section 18.710.050. An adjustment may be approved as follows: Lina Smith From: Vince & Lisa Biggi <biggicon@gmail.com> Sent: Wednesday,April 4, 2018 9:22 AM To: Lina Smith Subject: Re: Oak Woods Lot 4 Lina, It is 17' 5". Vince On Wed, Apr 4, 2018 at 9:11 AM Lina Smith <LinaCSgtigard-or.gov>wrote: Thanks Vince. I see the distance to the garage and front porch —what's the distance to the front of the house? Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCSgtigard-ongov From:Vince& Lisa Biggi<biggicon@gmail.com> Sent:Wednesday,April 4, 2018 8:50 AM To: Lina Smith<LinaCS@tgard-or.gov> Subject:Oak Woods Lot 4 Hi Lina, Attached is the information you needed for Oak Woods Lot 4. If you need anything else let me know. Thank you, Vince Biggi Biggi Construction LLC 11605 SW Normandy Ln Wilsonville, OR 97070 503-816-3243 Vince 503-515-2007 Lisa 503-887-4797 Jake biggicon(a)-gmail.com DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e- mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." Biggi Construction LLC 11605 SW Normandy Ln Wilsonville, OR 97070 503-816-3243 Vince 503-515-2007 Lisa 503-887-4797 Jake biggicoriRgmail.com 2