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Hearings Officer Packet - 06/09/1983 - Thatcher 6 h 1640 HEARING OFFICER DECISION ^ 6/83 Thatcher, Dorwin —' V 3-83 .f' ri F a • I a • 0 BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION ) FOR A VARIANCE OF THE 20 ' SIDE ) No. YARD SETBACK ON A CORNER LOT IN ) AN R-7 ZONE; Do'-win Thatcher, ) V 3-83 ;applicant. This matter came before the i'earings Officer at the regularly scheduled meeting of June 9 , 1983 , at 7 : 00 P.M. in the conference room of the Durham Tree .:ment Plant, in Tigard, Oregon, at which time testimony, evidence and the Planning Department' s staff report were received; and d The Hearings Officer finds that no variance shall be granted by the Hearings Officer unless it can be shown that all of the following conditions exist: 1. Exceptional or extraordinary conditions applying to the property that do not apply generally to other prol;erticc in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control. 2. The variance is necessary for the preservation of a property right of the applicant substantially the same as is pos- sessed by owners of othcr property in the same zone or vicinity; 3. The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be other- _ wise detrimental to the objective of any city development plan or. policy; Page 1 - V 3-83 • 4. The variance requested is the minimum variance from r the provisions and standards of this title which will alleviate . the hardship. (Ord. 70-32 , Section 240-2 , 1970) ; and The Hearings Officer finds that the applicant meets those conditions of Section 18 . 76 . 020 of the Tigard Municipal Code as follows: The subject property is a corner zone backing onto a golf course. When the subdivision was platted, the applicant' s lot was virtually identical to the other lots along the golf course. However , that platting configuration did not take into consideration the larger side yard setbacks required for a corner lot, which thereby reduced the useable building space of the subject lot, to a long, narrow . building site. Because of the location of the subject lot and its p.:oximity to the golf course, the Hearings Officer finds that the usual orientation of homes backing onto a golf ccurse is to orient the majority of the living space to the view afforded by the golf course. The applicant' s lot therefore has exceptional or extra- ordinary conditions that do not apply generally to other corner lots in the same subdivision. '\� The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity. The other lots in this subdivision which back onto the golf course contain large homes of over 3, 000 sq. ft. each, and are generally oriented to the view afforded by the golf course. The applicant wlshes to build a larger home than can be presently constructed on a long, • / Page 2 - V 3-8? narrow lot, in keeping with the building done by his neighbors. Therefore, a variance from the side yard setback is necessary to allow him to build a larger home oriented to take advantage of his view property. The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to the property in the same zone or vicinity in which the property is located, pr be otherwise detrimental to the objective of any city development plan or policy. By allowing the applicant a variance, he may construct a larger home more in keeping with the neighboring homes. The larger home shall compliment the property in the same zone or vicinity rather than be injurious to it, which a smaller • home might be. Further, the vision clearance area for the corner will not be affected by the development of thr house, even with the variance. The variance requested is the minimum variance from the pro- visions and standards of this title which will alleviate the hardship. The applicant is requesting a variance of only 8 ' , which will enable him to satisfy the development proposed by the architectural plans he commissioned; therefore IT IS HEREBY ORDERED V 3-83 is approved. DATED this 20th day of June, 1983. HEARINGS OFFICER APPROVED: -77i -- BETA MASON Page 3 - V 3-83 CITY OF TIGA RD WASHINGTON COUNTY,OREGON NOTICE OF FINAL DECISION 1. The final decision was filed by ' HEARINGS OFFICER Concerning V 3-83 on June 20th , 1933 Case Number Date 2. Name of Owner: Dorwin D. Thatcher 3. Name of Applicant: Dorwin D. T<<atcher. Address 15085 S.W. 89th Place City Tigard State Or. 4. Location of Property: Address 9815 S.W. Kimberly Drive. Legal Description 2SI ICU tax lot 10100 — 5. Nature of Application: Variance to the 20 ft. side yard set back. 6. Action: 5.56(-1 Approval as requested L Approval with conditions I I Denial 7. Notice: *Notice was published in the newspaper & was mailed to: [ XX1 The applicant & owners Owners of record within the required distance The affected Neighborhood Planning Organization XXI f XXf Affected governmental agencies • *if there are questions regarding the names of the persons or agencies who received notice, this information is available at the Planning Department. 8. Final Decision: The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Director, City of Tigard, City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. 11111. In the case of a decision on an application for a variance, the applicant must acknowledge this form and return it to the City of Tigard, Planning Director, before any building permits will be issued or engineering approval given. Signature of Applicant or Applicant's Agent Date -over- t • 9. Appeal: An appeal [17] has been filed ) ifl has not been filed. Note: Any party Lo the decision may appeal this decision in accordance with Section 18.84.'?60, which provides that a written appeal may be filed within fourteen days after notice is given and sent. Notice is given on June 21 , 1983 , therefore the deadline for filing of an appeal is July 6, 1983 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171 . l � STAFF REPORT AGENDA ITEM 2.1 CITY OF TIGARD HEARINGS OFFICER June 9, 1983 - 7:00 P.M. Durham Waste Treatment Plant Corner of SW Hall and SW Durham A. FACTS 1. General Information CASE: Variance (V 3-83) Dorwin Thatcher NPO # 6 REQUEST: For a varialice from Section 18.20.080 of the Zoning Code to allow for a 12 1/2 feet side yard on a corner lot. Section 18.20.060 (3) reads as follows : 18.20.080 Setback R-7 or R-10 Zone. Except a:; may otherwise be provided in Section 18. 12. 100, the setbacks in an R-7 or R-'_9 zone shall be as follows: (3) On corner lots the setback shall be twenty feet on each side facing a street other than an alley; RECOMMENDATION: Based on staff's review, applicable policies and field inspections, staff recommends that the Hearings Officer deny the proposed. APPL1CAN7 : Dorwin D. Thatcher OWNER: Same 15085 S.W. 89th Place Tigard, Or. 97223 LOCATION: 9815 SW Kimberly Drive (Wash Co. Tax Map 2S1 11CD tax lot 10100) LOT AREA: 10,545 square feet (approximate) COMPREHENSIVE PLAN DESIGNATION: Low fZONING DESIGNATION: R-7 PUBLIC NOTICES: Notices were mailed to 22 surrounding property owners. At the time this report was written, no written comments had been received. f NPO COMMENT: NPU # 6 has not offered any written comments on this application. BACKGROUND/PREVIgUS ACTION: None AREA CHARACTERISTICS: The property to the north and east is designated medium density on the comprehensive plan, zoned R-5PD. The property to the south and west is designated low on the Comprehensive plan, zoned R-7. The Summerfield Golf Course is north of the site, the Tigard Church of God to the east across SW 98th. The land to the south and west is developed as single family residences. SITE CHARACTERISTICS: The subject site is a vacant lot in a developed subdivision. All public facilities and improvements have been constructed with the exception of sidewalks. B. APPLICABLE COMPREHENSIVE PLAN POLICIES: 2. 1.1 The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Notices were sent to all property owners within 250 feet of the application. A notice was published in the Tigard Times on May r, 31, 1983. In addition, NPO # 6 has been notified of the application. 2.1.3 The City shall ensure that information on land use planning issued is available in an understandable form for all interested citizens. All interested parties are given, at a minimum, 10 days to respond in writing to the application and request under consideration and are encouraged to do sc. Th€ planning .taff is available to address any specific questions concerning the application or the application process. C. APPLICABLE TIGARD MUNICIPAL CODE PROVISIONS: 18. 76.020 Granting - Conditions. No variance shall he granted by the Hearings Officer unless it can be shown that all of the following conditions exist : 1. Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control. 2. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity ; 3. The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objective of any city development plan or policy ; STAFF REPORT V 3-83 Page 2 ( t 4. The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship. (ord. 70-32 Section 240-7, 1970). D. STAFF ANALYSIS: 1. The extraordinary conditions in this case are of the applicants own doing and not a result of physical features cr size of the lot. The lot is larger than required in the R-7 zone. It appears as though the applicant could choose a house plan better suited to the lot or build the home he desire on a different lot. 2. The applicant is not being denied any property rights. The smaller setbacks in Summerfield are allowed as a result of the Planned Development designation and approvals under the PD process. The applicant 's property is part of an approved subdivision which is subject to different approval standards than Summerfield. However, the applicant enjoys the same rights as others building in the same :vbdi.vision or any other R-7 subdivision approved in conformance with R-7 standards and subdivision regulations. 3. The authorization of the variance could be detrimental to the zoning code in that the zoning code clearly outlines specific dimensional requirements related to setbacks in all residential zones. The setback requirements should be respected or the ordinance should be amended if different setback requirements are deemed more appropriate. Issuance of this variance, however, would not violate visual clearance requirements. 4. The variance requested is the minimum to allow the applicant to build the home proposed, however, a different orientation of that home or construction of a different home may eliminate the need for a variance. E. SUMMARY: Based on staff's review the proposed variance does not meet the conditions required for granting a variance, staff recommends denin. . PREPARED BY: APPROVED BY: Ati Eli e A. New on liam A. Monahan As iate Planner Director of Planning and Development