1900 SW Fourth Ave. Suite 5000Portland, Oregon 97201

Telephone: 503-823-7300TDD: 503-823-6868FAX: 503-823-5630

www.bds.ci.portland.or.us

City of Portland

Bureau of Development ServicesLand Use Services Division

Date: January 30, 2004

To: Interested Person

From: Assigned Planner, Land Use Services503-823-0000

NOTICE OF A TYPE II DECISION ON A PROPOSAL INYOUR NEIGHBORHOOD

The Bureau of Development Services has approved a proposal in your neighborhood. Thereasons for the decision are included in this notice. If you disagree with the decision, you canappeal it and request a public hearing. Information on how to appeal this decision is listed atthe end of this notice.

CASE FILE NUMBER: LU 04-000000 AD

GENERAL INFORMATION

Applicant: Good DesignerGood Design Office0000 N Interstate AvePortland, OR 97217

Property Owners: Good Neighbors1234 SE Neighborhood StreetPortland, OR 97202

Site Address: 1234 SE Neighborhood Street

Legal Description: LOT 0 BLOCK 00, CITY VIEW PK ADDTax Account No.: R000000000State ID No.: 1S1E23AC 11111Quarter Section: 3732

Neighborhood: Sellwood-Moreland Improvement League, contact Robert Schmidt at503-731-8347.

Business District: Not affiliated.District Coalition: Southeast Uplift, contact Judith Gonzalez-Plascencia at 503-232-0010.

Zoning: Single-Dwelling Residential 2,500 with Alternative Design Density andDesign overlay zones (R2.5ad)

Case Type: Adjustment (AD)Procedure: Type II, an administrative decision with appeal to the Adjustment

Committee.

Proposal:The applicants propose to construct an addition to the existing residence. The addition will beone story in height and approximately 555 square feet in area. The area will include a one-cargarage located to the west of the house, with an entry area between the garage and the houseand additional living area located behind the house.

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The regulations of the R2.5 zone require building walls to be set back a minimum of five feetfrom side property lines. The applicants request an Adjustment to reduce the minimumwest side building setback from 5 feet to 3 feet for the new building wall and from 5 feetto 2 feet for the eave overhang, in order to construct the addition as proposed.

ANALYSIS

Site and Vicinity: The site is a 5,017 square foot lot located on the north side of SENeighborhood Street, between SE Our Town Street and SE Your Town Street. The lot iscurrently developed with a two-story residence built in 1927, approximately 1,120 square feetin area. Existing development in the area generally consists of single-dwelling residenceslocated on lots averaging 5,000 square feet in area. Commercial development is found along SE17th Avenue, east of the site.

Zoning: The site is zoned Single-Dwelling Residential 2,500 with an Alternative Design Densityoverlay zone and a Design overlay zone (R2.5ad). The R2.5 zone allows single-dwellingdevelopment with a maximum density of one dwelling unit per 2,500 square feet of site area.The Alternative Design Density (“a”) overlay zone allows some additional density for projectsthat comply with specific design criteria. The proposal is not utilizing the provisions of the “a”overlay zone. The Design (“d”) overlay zone requires all new development and alterations toexisting development to either comply with the Community Design Standards of the ZoningCode (Chapter 33.218) or be approved through a discretionary design review. The proposal willbe reviewed against the Community Design Standards during the building permit review.

Land Use History: City records indicate there are no prior land use reviews for this site.

Agency Review: A “Notice of Proposal in Your Neighborhood” was mailed April 13, 2004.Portland Transportation, the BDS Site Development Section, the Bureau of EnvironmentalServices, the Fire Prevention Division, and the Urban Forestry Division responded withcomments and no objections to the proposal (Exhibits E.1 through E.5).

Neighborhood Review: No written responses have been received from either the NeighborhoodAssociation or notified property owners in response to the proposal.

ZONING CODE APPROVAL CRITERIA

33.805.010 Purpose (Adjustments)The regulations of the zoning code are designed to implement the goals and policies of theComprehensive Plan. These regulations apply city-wide, but because of the city's diversity,some sites are difficult to develop in compliance with the regulations. The adjustment reviewprocess provides a mechanism by which the regulations in the zoning code may be modified ifthe proposed development continues to meet the intended purpose of those regulations.Adjustments may also be used when strict application of the zoning code's regulations wouldpreclude all use of a site. Adjustment reviews provide flexibility for unusual situations andallow for alternative ways to meet the purposes of the code, while allowing the zoning code tocontinue to provide certainty and rapid processing for land use applications.

33.805.040 Approval CriteriaAdjustment requests will be approved if the review body finds that the applicant has shownthat approval criteria A. through F. below, have been met.

A. Granting the adjustment will equally or better meet the purpose of the regulation to bemodified; and

Findings: The applicant requests an adjustment to reduce the west side buildingsetback for the proposed addition. The purpose of the setback regulation, per PCC33.110.220, is as follows:

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The setback regulations for buildings and garage entrances serve several purposes: They maintain light, air, separation for fire protection, and access for fire fighting; They reflect the general building scale and placement of houses in the city’s

neighborhoods; They promote a reasonable physical relationship between residences; They promote options for privacy for neighboring properties; They require larger front setbacks than side and rear setbacks to promote open,

visually pleasing front yards; They provide adequate flexibility to site a building so that it may be compatible with

the neighborhood, fit the topography of the site, allow for required outdoor areas, andallow for architectural diversity; and

They provide room for a car to park in front of a garage door without overhanging thestreet or sidewalk, and they enhance driver visibility when backing onto the street.

The request is to reduce the minimum required building setback from five feet to threefeet for the wall of the proposed one-story addition, and from five feet to two feet for theeave of the addition. The west wall of the proposed addition is twenty-five feet in lengthand approximately nine feet tall. The eave overhang of the addition will be one-footdeep, matching the existing residence, and the peak of the addition roof will beapproximately 15 feet in height.

The existing residence is set back approximately six feet from the east property line,retaining adequate access to the rear yard for fire fighting. The proposed addition isone-story in height and will maintain light and air. The addition will be three feet fromthe west property line and will meet all applicable Building Code fire protectionrequirements. The addition will be located approximately 35 feet from the closestresidence to the west, and as a result will promote a reasonable physical relationshipbetween residences. The west wall of the proposed addition will not have windows, andas a result will retain options for privacy for the neighboring property. A condition ofapproval will ensure that no windows are placed on that side of the addition.

The proposal does not involve a required front building setback or a garage entrancesetback.

With the condition of approval as noted, this criterion is met.

B. If in a residential zone, the proposal will not significantly detract from the livability orappearance of the residential area, or if in an OS, C, E, or I zone, the proposal will beconsistent with the classifications of the adjacent streets and the desired character ofthe area; and

Findings: The site is located in a residential zone. The proposal is to construct a one-story addition containing a one-car garage and additional living area to the rear of thehouse. The west wall of the garage portion will be located three feet from the propertyline, and the front wall of the garage addition nearly 38 feet from the street propertyline. A condition of approval will prohibit windows on the west wall of the addition inorder to protect options for privacy on the adjacent property to the west. There are noother anticipated impacts on livability due to the requested adjustment. The proposedaddition will match the scale and appearance of the existing residence, and will notdetract from the appearance of the residential area. This criterion is met.

C. If more than one adjustment is being requested, the cumulative effect of theadjustments results in a project which is still consistent with the overall purpose of thezone; and

Findings: Only one adjustment is requested. This criterion is not applicable.

D. City-designated scenic resources and historic resources are preserved; and

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Findings: City-designated scenic resources are indicated on City zoning maps by alowercase “s”. Historic resources are indicated by a reference dot, or as being within theboundaries of a Historic or Conservation District. There are no scenic or historicresources located on or neart the subject site. This criterion is not applicable.

E. Any impacts resulting from the adjustment are mitigated to the extent practical; and

Findings: There are no anticipated impacts resulting from the requested adjustment.This criterion is not applicable.

F. If in an environmental zone, the proposal has as few significant detrimentalenvironmental impacts on the resource and resource values as is practicable;

Findings: Environmental zones are indicated on City zoning maps by a lowercase “c” or“p”. There are no environmental zones located on the subject site. This criterion is notapplicable.

DEVELOPMENT STANDARDS

Unless specifically required in the approval criteria listed above, this proposal does not have tomeet the development standards in order to be approved during this review process. The planssubmitted for a building or zoning permit must demonstrate that all developmentstandards of Title 33 can be met, or have received an Adjustment or Modification via aland use review prior to the approval of a building or zoning permit.

CONCLUSIONS

The proposal is to construct a one-story addition to the existing residence, including a one cargarage and additional living area. The west wall of the proposed (garage) addition will belocated closer than five feet to the west property line, requiring an Adjustment Review. Theproposal equally meets the purpose of the setback regulation, does not significantly detractfrom the livability or appearance of the area, and does not result in unmitigated impacts. Theproposal complies with the approval criteria and should be approved.

ADMINISTRATIVE DECISION

Approval of an Adjustment to reduce the west side building setback from 5 feet to 3 feet for thewest building wall and from 5 feet to 2 feet for the eave overhang of the proposed addition tothe existing residence, per the approved plan, Exhibit C.1, signed and dated January 27, 2004,subject to the following conditions:

A. As part of the building permit application submittal, the following development-relatedconditions (B and C) must be noted on each of the 4 required site plans or included as asheet in the numbered set of plans. The sheet on which this information appears must belabeled "ZONING COMPLIANCE PAGE - Case File LU 04-000000 AD." All requirements mustbe graphically represented on the site plan, landscape, or other required plan and must belabeled "REQUIRED."

B. No windows are allowed on the west façade of the addition.

Staff Planner: Assigned Planner

Decision rendered by: ____________________________________________ on January 27, 2004 By authority of the Director of the Bureau of Development Services

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Decision mailed: January 30, 2004About this Decision. This land use decision is not a permit for development. Permits may berequired prior to any work. Contact the Development Services Center at 503-823-7310 forinformation about permits.

Procedural Information. The application for this land use review was submitted on January2, 2004, and was determined to be complete on January 13, 2004.

Zoning Code Section 33.700.080 states that Land Use Review applications are reviewed underthe regulations in effect at the time the application was submitted, provided that theapplication is complete at the time of submittal, or complete within 180 days. Therefore thisapplication was reviewed against the Zoning Code in effect on January 1, 2004.

ORS 227.178 states the City must issue a final decision on Land Use Review applicationswithin 120-days of the application being deemed complete. The 120-day review period may bewaived or extended at the request of the applicant. In this case, the applicant did not waive orextend the120-day review period.

Some of the information contained in this report was provided by the applicant.As required by Section 33.800.060 of the Portland Zoning Code, the burden of proof is on theapplicant to show that the approval criteria are met. The Bureau of Development Services hasindependently reviewed the information submitted by the applicant and has included thisinformation only where the Bureau of Development Services has determined the informationsatisfactorily demonstrates compliance with the applicable approval criteria. This report is thedecision of the Bureau of Development Services with input from other City and public agencies.

Conditions of Approval. This approval may be subject to a number of specific conditions,listed above. Compliance with the applicable conditions of approval must be documented inall related permit applications. Plans and drawings submitted during the permitting processmust illustrate how applicable conditions of approval are met. Any project elements that arespecifically required by conditions of approval must be shown on the plans, and labeled assuch.

These conditions of approval run with the land, unless modified by future land use reviews.As used in the conditions, the term “applicant” includes the applicant for this land use review,any person undertaking development pursuant to this land use review, the proprietor of theuse or development approved by this land use review, and the current owner and futureowners of the property subject to this land use review.

Appealing this decision. This decision may be appealed to the Adjustment Committee, whichwill hold a public hearing. Appeals must be filed by 4:30 PM on February 13, 2004 at 1900SW Fourth Ave. Appeals can be filed on the first floor in the Development Services Center until3 p.m. After 3 p.m., appeals must be submitted to the receptionist at the front desk on thefourth floor. An appeal fee of $250 will be charged. The appeal fee will be refunded if theappellant prevails. Recognized neighborhood associations are not subject to the appeal fee.Low-income individuals appealing a decision for their personal residence that they own inwhole or in part may qualify for an appeal fee waiver. In addition, an appeal fee may be waivedfor a low income individual if the individual resides within the required notification area for thereview, and the individual has resided at that address for at least 60 days. Assistance in filingthe appeal and information on fee waivers is available from BDS in the Development ServicesCenter. Fee waivers for low-income individuals must be approved prior to filing the appeal;please allow 3 working days for fee waiver approval. Please see the appeal form for additionalinformation.

The file and all evidence on this case are available for your review by appointment only. Pleasecontact the receptionist at 503-823-7702 to schedule an appointment. I can provide someinformation over the phone. Copies of all information in the file can be obtained for a fee equalto the cost of services. Additional information about the City of Portland, city bureaus, and adigital copy of the Portland Zoning Code is available on the internet at www.ci.portland.or.us .

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Attending the hearing. If this decision is appealed, a hearing will be scheduled, and you willbe notified of the date and time of the hearing. The decision of the Adjustment Committee isfinal; any further appeal must be made to the Oregon Land Use Board of Appeals (LUBA) within21 days of the date of mailing the decision, pursuant to ORS 197.620 and 197.830. ContactLUBA at 550 Capitol St. NE, Salem, Oregon 97310 or phone 1-503-373-1265 for furtherinformation.

Failure to raise an issue by the close of the record at or following the final hearing on this case,in person or by letter, may preclude an appeal to the Land Use Board of Appeals (LUBA) on thatissue. Also, if you do not raise an issue with enough specificity to give the AdjustmentCommittee an opportunity to respond to it, that also may preclude an appeal to LUBA on thatissue.

Recording the final decision.Before the applicant can proceed with their project, the final Land Use Review decision must berecorded with the Multnomah County Recorder.A few days prior to the last day to appeal, the City will mail instructions to the applicant forrecording the documents associated with their final land use decision.• Unless appealed, the final decision may be recorded on or after February 16 – the day

following the last day to appeal.• A building or zoning permit will be issued only after the final decision is recorded.

The applicant, builder, or a representative may record the final decision as follows:

• By Mail: Send the two recording sheets (sent in separate mailing) and the final Land UseReview decision with a check made payable to the Multnomah County Recorder to:Multnomah County Recorder, P.O. Box 5007, Portland OR 97208. The recording fee isidentified on the recording sheet. Please include a self-addressed, stamped envelope.

• In Person: Bring the two recording sheets (sent in separate mailing) and the final Land UseReview decision with a check made payable to the Multnomah County Recorder to theCounty Recorder’s office located at 501 SE Hawthorne Boulevard, #158, Portland OR97214. The recording fee is identified on the recording sheet.

For further information on recording, please call the County Recorder at 503-988-3034.For further information on your recording documents please call the Bureau of DevelopmentServices Land Use Services Division at 503-823-0625.

Expiration of this approval. This decision expires three years from the date the final decisionis rendered unless:

• A building permit has been issued, or• The approved activity has begun, or• In situations involving only the creation of lots, the land division has been recorded.

Applying for your permits. A building permit, occupancy permit, or development permit mustbe obtained before carrying out this project. At the time they apply for a permit, permitteesmust demonstrate compliance with:

• All conditions imposed here.• All applicable development standards, unless specifically exempted as part of this land use

review.• All requirements of the building code.• All provisions of the Municipal Code of the City of Portland, and all other applicable

ordinances, provisions and regulations of the City.

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EXHIBITSNOT ATTACHED UNLESS INDICATED

A. Applicant’s StatementB. Zoning Map (attached)C. Plans/Drawings:

1. Site Plan (attached)2. West Building Elevation Drawing (attached)3. North and South Building Elevation Drawings (attached)

D. Notification information:1. Mailing list2. Mailed notice

E. Agency Responses:1. Portland Transportation Development Review2. BDS Site Development Section3. Bureau of Environmental Services4. Fire Prevention Division5. Urban Forestry Division

F. Correspondence (none)G. Other:

1. Original LU Application2. Site History Research

The Bureau of Development Services is committed toproviding equal access to information and hearings. Ifyou need special accommodations, please call 503-823-7702 (TTY 503-823-6868).