Hearings Officer Packet - 05/26/1983 - Deemie ►' adapa®io
1640 HEARING OFFICER DECISION
6/83 Deemie, Paul & Judy
V 4-83
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION )
FOR A VARIANCE TO REDUCE THE No.
MINIMUM LOT SIZE REQUIREMENT OF )
AN R-7 ZONE OF 7 , 500 SQ. FT. TO )
• 7 , 367 SQ. FT. ; Paul and Judy ) V 4-83
)
Deemie, Applicants. )
This matter coming before the Hearings Officer at the
regularly scheduled meeting of May 26 , 1983 , at 7 : 00 P.M. in
the conference room of the Durham Treatment Plant, in Tigard,
Oregon, at which time testimony, evidence and the Planning
Department' s staff report were received; and
The Hearings Officer adopts the findings and conclusions
contained within the staff report, a copy of which is attached
* hereto and incorporated by reference herein and marked Exhibit
"A" ; therefore
I'I' IS HEREBY ORDERED
V 4-83 is approved subject to the condition that all
conditions of the approval of subdivision S 2-83 shall be met.
DATED this /� day of June , 1983 .
HEARINGS OFFICER
APPROVED:
BATII MASON
�.._ /
CITY OF TIGA Ru
WASHINGTON COUNTY,OREGON
NOTICE OF FINAL DECISION
1. The final decision was filed by: HEARINGS OFFICER
Concerning V 4-83 —_ on June 6, 1983
Case Number Date
2. Name of Owner: Paul & Judy Deemie
3. Name of Applicant: Same
Address 9740 S.W. McDonald St. City Tigard State Or.
4. Location of Property:
Address 9740 S.W. McDonald St .
Legal Description 2S1 IIBA lots 300 and 302
5. Nature of Application: Variance to R-7 lot for a lot size of 7,367 sq. ft .
6. Action: L_I Approval as requested
L_U Approval with conditions
F--1] Denial
7. Notce: *Notice was published in the newspaper & was mailed to:
The applicant & owners
C XX
XX Owners of record within the required distance
�J The affected Neighborhood Planning Organization
Affected governmental agencies
XX
*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 frcm the Planning Director, City of Tigard, City Hall , 12.755 SW
Ash, P.O. Box 23397, Tigard, Oregon 97223.
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.
, Aml9. Appeal: An appeal [ J has been filed [F] has not been filed.
Note: Any party to the decision may appeal this decision in accordance
with Section 18.84.2509 which provides that a written appeal may
be filed within fourteen days after notice is given and sent.
Notice is given on June 8, 1983 + therefore the deadline
for filing of an appeal is June 22, 1983
• 10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171 .
11
tc 1)
A
- 4:1(11 )01. /-
STAFF REPUR1
AGENDA ITEM 2.1
C1'1Y OF 'IIGARD HEARINGS OFFICER
May 26, 1983 - 7:00 P.M.
DURHAM WASTE TREATMENT PLAN1
Corner of SW Hall and SW Durham
A. FACTS
1. General Information:
CASE: Variance (V 4-83) Paul & Juuy Deemie NPO # 6
REQUEST: The applicant is requesting approval of a variance from Section
18.20.035 of the Zoning Code to allow for a 7,3b7 sq. ft. Lot in
an approved H-7 subdivision. Section 18.20.035 reads, in part
as follows :
18.20.035 Lut - It--i 4011.". lu an I. i llae Lut ate ree
be as follows :
(1) The minimum lot area shall be seven thousanu five hunured
square feet , excepting for duplex use.
RECOMMENDATION:
Based on staff 's review, applicable policies and field inspections,
staff recommends that the Hearings Officer approve the proposed
variance.
APPL1CAN1: Paul & Judy De,mie OWNER: Same
9740 S.W. McDonald St.
Tigard, Oregon 97223
LOCATION: 9740 S.W. McDonald St. (Wash Co. lax Map 2S1 11SA lots 300
and 302).
LOT AREA: . 71 acres
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DES1GNA11ON: k-10
PUBLIC NOTICES: Notices were mailed to 24 surround in) leropeat )
owners. At the time this report was written, nu
written comments had been received.
NPU GUMMEN'): NPU # 6 has not altered any written comment en thi .,
application.
BACKGROUND/PkEV1U0s ACTION:
Un March 1 , 1983, the applicant tiled an application for subdivision
approval in a R-7 zone. on March 16, 1983, the 'Tigard City Council adopted
the interim zoning map which designated the property k-10. On April 5,
1983, the Tigard Planning Commission approved a lout lot subdivision for
the properly with lot sIZe of approximately 7,500 Sq. It .
k
AREA CHARAC'IEIF.'S'IICS: The surrounding property is all designated low
density on the Comprehensive Plan, zoned R-7 to
the north and east, R-10 to the west and south
and mostly developed as single family residences.
SITE CHARACTERISTICS: The site slopes to the south. there is an
existing house on the property which will
remain. The shed and tence which are currently
on the property will be removed. There are some
trees on the site that are part of the
landscaping around the existing house. The
vacant portion of the property is covered with
grass and brush.
APPLICAbLE COMPREHENSIVE PLAN POLICIES:
'. I . I 'lhf' City shall maint.,in an ongoing citizen involvement ltrotrant
ilnli ;,troll assure that citizens will lit' pt,‘vidt'tl .III iT1,i1 : I lilt
to be involved in all phases of the planning process.
Notices were sent to all property owr,..rs within 250 feet of the
application. A notice was published in the Tigard limes on May
12, 1983. In addition, NPO # 6 has been notified of the
application
2. 1.3 The City shall ensure that information on land use planning
issues 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 du so. The planning staff
is available to address any specific questions concerning the
application or the application process.
6. 1. 1 The City shall provide an opportunity for diversity of housing
densities and residential types at various price and rent levels.
The subdivision of this property will provide three additional
single family building lots in Tigard.
8. 1.3 'lhe City shall require as a precondition to development approval
that :
a. Development abut a publicly dedicated street or have
adequate access approved by the appropriate approval
authority;
h. Street right-ol-way be dedicated when(' the street is
substandard in width ;
c. the Developer commit to the construction of the streets,
curbs and sidewalks to city standards within the
development ;
S'IAl F' RI•.I'aek'I V 4-81 Page 2
wimisimimmimas
d. Individual developers participate in the improvement of
existing streets, curbs and sidewalks to the extent of the
development's impacts ;
The applicant has dedicated ten feet of property along
McDonald St. for the improvement of McDonald. In addition,
the applicant is participating in the ligardvllle heights
LID. Improvements have been made to SW McDonald and SW
97th bringing both streets up to city standards in front of
the subject property.
APPLICABLE TIGARD MUNICIPAL CODE PROVISIONS
18.76.020 Granting - Conditions. No variance shall be granted by the
hearings Officer unless it can be shown that all of the following
Conditions exist :
(1) Lxceptional 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 location, or be otherwise
detrimental to the objectives of any city development plan or policy;
(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 240-2, 1970).
18.20.035 Lot - k-7 zone. In an R-7 zone the lot size shall be as
follows :
(1 ) the minimum lot area shall be seven thousand live hundred square
feet, excepting for duplex use;
STAFF ANALYSIS:
'Ihe applicant/property owner has dedicated 10 feet oI property along;
the northern properly line for the the improvement of SW McDonald
Street. In addition, the applicant is participating in the
ligardville Heights LID for the improvement of both McDonald St . and
SW 97th to city standards. if the ten foot dedication along SW
McDonald had not been required, the applicant would have had enough
property to meet the 7,500 sq. it . minimum in the k-7 zone.
SUFI, KII'11k'1 V 4-83 Page 1
2. The variance is necessary for the preservation ot a property right
the same as possessed by other property owner participating in the
ligardville Heights LID: the preliminary assessments for the LID
were based on the potential number of lots for each piece of
property. The Deemie's were assessed for a development potential of
four lots. In addition, the street and property dimensions shown on
the County's tax maps were incorrect. those dimensions were used to
calculate the lot area for the preliminary subdivision plan.
3. The authorization of this variance will not be materially detrimental
to the purposes of this code. The Planning Commission approved the
four lots of approximately 7,500 sq. ft. . It is staff 's opinion �9
that a lot which is 233 sq. ft. under the minimum lot size will not
be noticeable to surrounding property owners.
4. As is evidenced by the site plan attached, the applicant is asking
for the minimum variance too allow for the creation of tour Iota: :as
approved by the Planning; commission. 'lbs• lot i_unl igurut tern i own i ns
the same as approved by the Planning Conunisei'n. The other three
lots are each less than ten sq. it. larger than the 7,500 sq. it.
minimum.
SUMMARY:
Based on staff's review the proposed variance request meeLs the conditions
for granting a variance. In addition, the proposals meets applicable
Comprehensive Plan Policies. Staff recommends the following condition be
attached to the approval :
1. All conditions of the approval ot subdivision S 2-B3 shall he met .
PREPARED BY: APPROVED BY:
ElizfArill04170
beth A. Newton Wtlltan A. Monahan
Associate Planner Direct)r of Planning and Development
STAFF KE:Pt►k'1 V 4-83 Page 4