Ord 2330 - 1084 Comstock 02-02
COUNCIL BILL NO. 2432
ORDINANCE NO. 2330
AN ORDINANCE APPROVING RESIDENTIAL ARCHITECTURAL STANDARD
SUBSTITUTION APPLICATION CASE NO. 02-02 AFFECTING PROPERTY
LOCATED AT 1084 COMSTOCK WAY; AND DECLARING AN EMERGENCY.
WHEREAS, the applicant, Don Comstock, submitted Residential Architectural
Standard Substitution Application Case No. 02-02 to allow two alternate architectural
elements to substitute for not meeting one residential architectural standard on property
located at 1084 Comstock Way in the Meadowwood subdivision; and
WHEREAS, the Woodburn Community Development Director previously
approved said application; and
WHEREAS, the Woodburn City Council called this approval up for its review;
and
WHEREAS, the Woodburn City Council has conducted a public hearing and
reviewed the record in Residential Architectural Standard Substitution Application Case
No. 02-02; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That based upon the findings and conclusions contained in Exhibit
"A" which is affixed hereto and by this reference incorporated herein, Residential
Architectural Standard Substitution Application Case No. 02-02 is approved.
Section 2. That the land use application approved by Section 1 herein is subject
to the conditions contained in Exhibit "B", which is affixed hereto and by this reference
incorporated herein, which the Council finds reasonable.
Section 3. This ordinance being necessary for the immediate preservation of
the public peace, health, and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.
Approved as to form: rn,?q ~
City Attorney
/- 2 cf - 200 J
Date
Page 1 - COUNCIL BILL NO. 2432
ORDINANCE NO. 2330
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
January 28, 2003
January 29, 2003
January 29, 2003
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Mary ~ant City Recorder
City of Woodburn, Oregon
ATTEST:
Page 2 - COUNCIL BILL NO. 2432
ORDINANCE NO. 2330
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EXHIBIT "A"
FINDINGS AND CONCLUSIONS
RESIDENTIAL ARCHITECTURAL STANDARD SUBSTITUTION 02-02
I. APPLICATION INFORMATION:
Applicant & Property Owner:
Don Comstock
12020 SW 118th Street
Tigard, OR 97223
II. NATURE OF APPLICATION: The applicant requests approval to allow two
alternate architectural elements to substitute for not meeting one residential
architectural standard. The affected standard requires 25 year architectural style
roofing.
The two alternate architectural elements that the applicant proposes to substitute
for not meeting the residential architectural standard that requires 25 year
architectural style roofing are described as follows:
1. A minimum 4: 12 roof pitch of a home is required in Section 3.107 .03.B.1.a. of
the WDO. The applicant is proposing to exceed this standard by providing a
roof pitch of 8:12.
2. A minimum porch area of 48 square feet is required in Section
3.107.03.E.2.a. The applicant is proposing a 95 square foot porch which
exceeds this standard.
III. RELEVANT FACTS: The subject site is located at 1084 Comstock Way in the
Meadowwood Subdivision, further identified on Marion County Assessor maps as
Township 5 South, Range 1 West, Section 18CA, Tax Lot 15100, lot 47.
The subject property is zoned Single-Family Residential (RS). Existing single
family dwellings are located to the north, south, west and east (across Comstock
Way) of the subject site. Site-built homes are subject to the design standards in
Section 3.107.03 of the WDO. If these design standards are not met, then the
applicant is required to apply for and receive approval for a residential
architectural standard substitution.
IV. RELEVANT APPROVAL CRITERIA:
A. WOODBURN DEVELOPMENT ORDINANCE
1. Section 3.107.03 Design Standards for New Single Family and Duplex
Dwellings Sited on Individual Lots
2. Section 5.102.05 Residential Architectural Standard Substitution
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V. FINDINGS:
A. WOODBURN DEVELOPMENT ORDINANCE
1. Section 3.107.03 Design Standards for New Single Family and
Duplex Dwellings Sited on Individual Lots.
B. Roof Standards.
1. Site Built Dwelling
b. The roofing material for a site built dwelling shall be either
composition shingles; clay or concrete tile; metal; or cedar
shingles or shakes. Composition shingles shall be
architectural style with a certified performance of at least
25 years.
FINDING: The applicant is proposing to place 3-tab composition shingles on the
roof of the home. This does not meet the standard for an architectural style roof
with a certified performance of at least 25 years. Meadowwood Subdivision has
been almost completely built out. All of the single family residences built in this
subdivision do not have architectural roofs with a certified performance of at least
25 years. The applicant's proposal to not have an architectural roof with a
certified performance of at least 25 years is consistent with the construction of all
of the other residences in the Meadowwood Subdivision.
The applicant is proposing to exceed two other residential architectural standards
to substitute for not meeting the 25 year architectural roof. A minimum 4:12 roof
pitch of a home is required in Section 3.1 07.03.8.1.a. of the WDO. The applicant
is proposing to exceed this standard by providing a roof pitch of 8: 12. A
minimum porch area of 48 square feet is required in Section 3.107.03.E.2.a. The
applicant is proposing a 95 square foot porch which exceeds this standard.
2. Section 5.102.05 Residential Architectural Standard Substitution
A. Purpose. The purpose is to allow limited substitution of
comparable or improved residential architectural standards to
reflect circumstances that comply with the approval criteria
following an administrative procedure. A maximum of three
substitutions may be considered for each residential building
covered by an application for substitute standards.
Architectural standards set by statute (ORS 197.307 and
197.314) relating to siding and roofs on manufactured homes
are non-variable, and cannot be modified by a substitution.
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FINDING: The applicant is proposing one substitution for the residential
building on the subject site. The applicant has met this approval criterion.
B. Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification
area map and labels, written narrative statement regarding
compliance with criteria, location map and the following
additional exhibit:
1. A complete building permit application, including
architectural drawings elevations for facades subject to
architectural review standards.
2. Either a written description or a illustration of each
architectural standards proposed for substitution.
FINDING: The applicant has provided all of the above described required
information. This approval criterion has been met.
C. Criteria. The suitability of the substitute architectural
standards shall be based on consideration of how each
substitute standard:
1. Incorporates design elements and materials that reflect a
custom design;
FINDING: The subject property is located in the Meadowwood
Subdivision, the majority of which has already been developed with
single-family homes. The home proposed on the subject lot is a
custom home because it has been designed outside of standard
models that have been used in the subdivision. The majority of the
homes in the subdivision are manufactured homes, and the proposed
home on the subject lot does not resemble a manufactured home. The
proposed larger roof pitch and porch reflect a custom home since the
home is unique in design as compared to the homes in the surrounding
area. The above criterion has been met.
2. Reflects the character of the existing housing within the
subject subdivision and/or surrounding area within 250 feet of
the subject property;
FINDING: As mentioned, the majority of the homes in the subdivision
are single-family manufactured homes. However, there are a few
stick-built homes in the subdivision that are similar in character to the
proposed home because many are two-story homes with lap siding
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and 3-tab shingle roofing. Additionally, the manufactured homes in the
surrounding area within 250 feet also have 3-tab single roofing. This
approval criterion has been met.
3. Incorporates materials, that in substance and visual appeal,
are of equal or greater quality;
FINDING: The applicant is proposing to provide a greater roof pitch
and larger porch than what is required by the architectural design
standards in the WDO. These design details will improve the quality of
the proposed home and increase the visual appeal of the home itself
and the surrounding homes in the neighborhood. The proposed 3-tab
roofing is of equal quality in substance and visual appeal as compared
to the existing homes in the area. This approval criterion has been met.
4. Assures that needed housing is not discouraged through
unreasonable cost, pursuant to ORS 197.307.
FINDING: The standards which the applicant proposes to substitute
will reduce the cost of constructing the home since 3-tab composition
single roofing is less costly than 25 year architectural style. This
approval criterion has been met.
VI. CONCLUSION:
Based on the findings contained herein, all relevant approval criteria relating to
approval of the Residential Architectural Standard Substitution have been
satisfied.
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EXHIBIT "B"
CONDITIONS OF APPROVAL
RESIDENTIAL ARCHITECTURAL STANDARD SUBSTITUTION 02-02
1. The proposed architectural standard substitutions shall be in substantial
conformance with the submitted plans as provided in Exhibit "B" (Located in
the Planning Department file and date stamped 11-13-02).
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