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VAR2010-00003
NOTICE OF DECISION, NOTICE OF PENDING DECISION & CITY GENERATED ITEMS AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: i(1"k B-(') lid", X1 NOTICE OF DECISION FOR VAR2010-00003/OELKE SIDE YARD SETBACK ADJUSTMENT (He No./ Name I'efemnce) AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B", and by reference made a part hereof, on Februarv 11, 2010, and deposited in the United States Mail on February 11, 2010, postage prepaid. r (Person that Prepar Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swonl/affirmed before me on the day of '2010. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC - OREGON COMMISSION NO. 416777 MY COMMISSION EXPIRES APRIL 25, 2011 6X 4t4aj~ TARY PUB IC OF OREGON My Commission Expires: ~~/j EXHIBIT-A- NOTICE OF TYPE II DECISION V OELKE SIDE YARD SETBACK VARIANCE VARIANCE (VAR) 2010-00003 r 120 DAYS = 05/22/2010 SECTION I. APPLICATION SUMMARY FILE NAME: OELKE SIDE YARD SETBACK VARIANCE CASE NO.: Variance (VAR) VAR2010-00003 PROPOSAL: The applicant is requesting a variance to the side yard setback requirement of 30 feet when abutting a more restrictive zone. The variance is requested in order to build a new home on the lot without necessitating the removal of a mature walnut tree and pear trees. The variance will also allow the building footprint to remain closer to the road, thereby limiting intrusion into the rear yard which is a registered wildlife habitat with the National Wildlife Federation. The proposed construction will comply with the standards of the more restrictive zone (R-1) with a minimum 5 foot side yard setback. APPLICANT: Christian and April Oelke OWNER: Christian and April Oelke 14335 SW 125`'' Avenue 14335 SW 125`'' Avenue Tigard, OR 97224 Tigard, OR 97224 ZONING: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single- family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 14335 SW 125`h Avenue, WCTM 2S109AJk, Tax Lot 00800. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section N of this Decision. VAR2010-00003 Oelke Side Yard Setback Decision 021010 Page 1 CONDITIONS OF APPROVAL PRIOR TO FINAL BUILDING INSPECTION THE FOLLOWING CONDITIONS SHALL BE MET. Staff contact: Hap Watkins, Assistant Planner, 503-718-2440. 1. The proposed structure shall conform to all the standards of the R-1 zone, including height limitation (25 ft. from grade to mean elevation of the highest roof plane). 2. Applicant shall install an evergreen planting minimum 6 ft. high as a vision screen as indicated on the revised site plan 3. Applicant shall request final inspection from the Planning Division prior to final building inspection. SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located on the west side of 125t" Avenue near the northerly termination of that street just north of Bull Mountain Road. This is a minimally developed private street. The applicant proposes a new home to replace the one built in 1946. The proposed home has a front elevation about 110 feet wide and the owner wishes to keep and protect a mature walnut tree and two bearing pear trees. The 2.76 acre lot consists of approximately 1.75 acres of forest canopy and steep slopes. The rear yard has been designated as a wildlife habitat by the National Wildlife Federation (No. 56286) and the owner wishes to keep the building footprint as near to 125`' Avenue as possible while maintaining the previously mentioned trees. The new home will conform to the more restrictive zone (R-1) and the side yard setback on the south property line will reflect the five foot setback required for the R-1 Gone. Site History: The subject property was established by deed on August 2, 1911, and the home was built in 1946. Proposal Description: The applicant is requesting a variance to the side yard setback requirement of 30 feet when abutting a more restrictive zone. The variance is requested in order to build a new home on the lot without necessitating the removal of a mature walnut tree and pear trees. The variance will also allow the building footprint to remain closer to the road, thereby limiting intrusion into the rear yard which is a registered wildlife habitat with the National Wildlife Federation. The proposed construction will comply with the standards of the more restrictive zone (R-1). A six foot tall evergreen planting for vision screening will be placed on the south property line. VAR2010-00003 Oelke Side Ward Setback Decision 021010 Page 2 SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) TABLE 18.510 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD - R-7 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft No change -Side facing street on corner & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft No change -Distance between property line and front of garage 20 ft No change -Side or rear yard abutting more restrictive zoning district 30 ft 5 ft SECTION 18.370.010.C: VARIANCE APPROVAL PROCESS AND STANDARDS: 1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using standards of approval contained in Subsection 2 below. 2. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the fo9llowing criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The applicant has requested a reduction of the 30 ft. side yard setback from the R-1 zoned property bordering his south property line to accommodate the construction of a new home in a manner to save a mature walnut tree and two bearing pear trees. The proposed setback of 5 ft. will allow the home to be positioned to preserve an area determined to be a wildlife habitat area by the National Wildlife Federation. The 30 ft. setback is intended to protect more restrictive zones from the effects of higher density development. The proposal is for a single family residence and is the least required to achieve the desired home placement and to reflect the abutting R-1 zone standards. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The applicant has stated that the mature walnut tree and pear trees on the north of the lot frontage are valued and irreplaceable. Demolition of the current structure and replacement with a new structure necessitates application for reduction of the 30 ft. side yard setback at the south property line. The rear yard has been determined to be a wildlife habitat, which the applicant wishes to maintain. Two trees which are outside the sensitive lands area will be removed for the new home and will not require a tree removal permit. The property has approximately 1.75 acres of forested canopy within the sensitive lands overlay. Applicant's tree plan is satisfactory for protection of other trees within the construction area. VAS 010-00003 Oelke Side Ward Setback Decision 021010 Page 3 c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The property is zoned R-7 and is bounded by R-1 and R-4.5 zones which requires a 30 ft. rear and side yard setback. This setback is intended to protect the more restrictive zones from the effects of higher density development. The proposal is for a single family residence to be placed in a manner to retain trees that are irreplaceable and protect an established wild life habitat. The proposed home will conform to the standards of the R-1 zone. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and No existing physical or natural systems will be adversely affected any more than would occur if the development were developed as specified in the title. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The applicant is applying for a variance to a setback required between R-1 and R-7 zones, but is proposing a home in conformance with the standards of the R-1 zone. The proposal protects valuable mature trees and restricts encroaching into the rear yard wild life habitat area. The proposal is the minimum variance that will allow the placement of the new home while protecting selected trees and the wildlife habitat. FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied. SECTION V. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The site was also posted at the driveway entrance with a Notice of Pending Land Use. The City received comments from Mr. and Mrs. Perrine, who own the adjoining lot, regarding privacy and placement of the new home. The Oelkes provided a revised site plan which shows an evergreen planting 6 feet high to enhance privacy on the south property line. Sue Seibold, a distant neighbor in Elkhorn Ridge, commented on the back yard wildlife habitat designation with the National Wildlife Federation, and whether it could be reduced by 12-15 feet. I called the NWF and they reported that they had no claim to the property and it was a voluntary registration recognizing efforts to maintain habitat. SECTION VI. OTHER STAFF COMMENTS The City of Tigard Building Department, Development Engineer, and Arborist have reviewed the application and have no objections. V A 010-00003 Oelke Side Ward Setback Decision 021010 Page 4 SECTION VI. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: • The applicant and owners 1 Owner of record within the required distance Final Decision: THE DECISION IS FINAL ON FEBRUARY 11, 2010 AND BECOMES EFFECTIVE ON FEBRUARY 27, 2010 UNLESS AN APPEAL IS FILED. Anneal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for ppurposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any pam, during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 26, 2010. Questions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639-4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. a l February 10. 2010 Approved by: Darrel " ap Watkins Date Assistant anner VAR2010-00003 Oelke Side Yard Setback Decision 021010 Page 5 VICINITY MAP vti' \ > L 1,T t z. ! VAR2010-00003 t D i- I 2S109AA00800 AIN 7 y, C . x 1 1 i f A 1 i s r_ Subject Site - r I I z I ~ - Rbaciir 4 ~ TAIN CT _ C01MUS CT Information on this ma is for general location only and should verified Div iih the Development Services I Scale 1:4,000 - 1 in = 333 it Map panted at 11:55 AM on 25-Jan-10 5 ) I BIRDSVIEW - DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF PGARD ,.W... _ f MAKES NO WARRMTY REPRESENTATION OR GUARANTEE AS TO THE + 1 ( f CONTENT, ACCURACY TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREINTHE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS OMISSIONS, OR INACCURAC ES IN THE I I w~wyy~~ee ! 3{ INFORMATION PROVIDED REGARDLESS OF HOW CAUSED r~ C'~ L- A, } tarty of Tigard Feet _ = 13125 SW Hall Blvd - - .~r t140~ Tigard, OR 97223 n-- - t 503 639-4171 500 P, www.tigard-or.gov T_ 7_ - . � p , ' ? , 2 7 e " :ale q - -- - - -' _. • MOggod :o i431 aas :4.ii pagposep se Tm.m , 94; Apo K.a paAOJddy f4.lieuo ;:gpuuc -, abl Al l'..:1:. `�). I TAX LOT 600 I 1 1 <.�so =.�:, races Hnc EC ✓�:STI.. E'.Y i 1 § P_S 8. ft Ia0N.0C YqM HECPlASr ccw. .. ,,,, 4,-xf VI V VP Pf a SUCKY REr al, ..., ., c.it...,. >_. .� .t'" - - .,... �.— � zSo 50' .,. 1 , - -- ' ' r O 4• ' Cr ''.0.+7:' d,- t _ .'r r r •�... -. ' y g am+ - - . — - - ' 1 • Ni \ ' i 'i } } —. `. TAX LOT 5 / - 2 7' r r[ ' ! r -.; 3a�s;.t is f t ' • '' may n t 1 14 _ !. �• ' 'i∎t i2." PROPOSED � 'i 1 _ r,,= i DWELLIt i �r._Y 1 • ' `X11 Il ` 1,10,WIGEK ./ K, • � 1 •, _ -Fr , l:n� ,l �� ;y° J r _ 1i 1, '; 4 Or ,Y1I1C fAF CR nIC RF55 wt11 i -C /.IY/ •YA if H h ✓fr WC /J CiSGwCIL of •'` ` f ,i% •S '(" , , • }j OECD 600f ^t v S ST. 800t'l., PACE I. r % f ! ! r isrr: 5 I, I` I • ! I, tr 2202 SPl ce..:Fr .0 8001 e_. o'.GE ')] _ .____ ,,,,,„ i ,i ra:: t• • 1 - 4f 1- �,' ' \_ 1 J I L ' ' ' ' 0 ''' : :. - a`9:•i4.Tl Mn'Nlgb`.LL • \.. V } ' - LL.fI 1 ! I t [ n .. . I :.la - � ' .: Z s J a f �" Le GY 0 40' 80' 120' ; I ` I I TAX 1 OT 830 i 1 l 3= a VAR2010-0000_ Christian and April Oelke OELKE VARIANCE 14335 SW 125`h Avenue Tigard, OR 97224 EXHIBITI Tim and Alice Perrine 14441 SW 125°i Avenue Tigard, OR 97224 Susan Scibold 12713 SW Rockv Mountain Ct. Tigard, OR 97224 rz AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first dulysworn/affinn, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: (haR App.*pii.u< [i. s(.~ fi. ioD NOTICE OF DEQSION FOR VAR2010-00003/OELKE SIDE YARD SETBACK ADJUSTMENT (File No./ N mie Reference) El 2WENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on Febrmjy 11, 2010, and deposited in the Unit tates Mail on February 11, 2010, postage prepaid. (Peron re ed No STATE OF OREGON Cozenty of Washington ss. City of Tigard f~h'C Subscribed and sworn affirmed before me on the day of 2010. OFFICIAL SEAL SHIRLEY L TREAT 7AISSION TARY PUBLIC - OREG]2011 OMMISSION NO.4167E mMmmem 50 XPIRES APRIL 25, NOTARY PUBLIC OF OREGON My Commission Expires: 444:L> / EXHIBIT NOTICE OF TYPE II DECISION OELKE SIDE YARD SETBACK VARIANCE VARIANCE (VAR) 2010-00003 120 DAYS = 05/22/2010 SECTION I. APPLICATION SUMMARY FILE NAME: OELKE SIDE YARD SETBACK VARIANCE CASE NO.: Variance (VAR) VAR2010-00003 PROPOSAL: The applicant is requesting a variance to the side yard setback requirement of 30 feet when abutting a more restrictive zone. The variance is requested in order to build a new home on the lot without necessitating the removal of a mature walnut tree and pear trees. The variance will also allow the building footprint to remain closer to the road, thereby limiting intrusion into the rear yard, which is a registered wildlife habitat with the National Wildlife Federation. The proposed construction will comply with the standards of the more restrictive zone (R 1) with a minimum 5 foot side yard setback. APPLICANT: Christian and April Oelke OWNER Christian and April Oelke 14335 SW 125`h Avenue 14335 SW 125'' Avenue Tigard, OR 97224 Tigard, OR 97224 ZONING: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 14335 SW 125" Avenue, WC"17M 2S109AA, Tax Lot 00800. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby iven that the City of Tigard Community Development Director's designee has APPROVED the move request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. documents an applicable criteria in the above-noted e are available or inspection at no cost or copies can be obtained for twenty-five cents (25 per page, or the current rate charged for copies at the time of the request. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 11, 2010 AND BECOMES EFFECTIVE ON FEBRUARY 27, 2010 UNLESS AN APPEAL IS FILED. Avveal: TZe decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any pparty with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available in the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal m2 be submitted by anyparty during the appeal hearing, subject to any additional riles of procedure that may be adopted from time to time by the appellate-body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON FEBRUARY 26, 2010. lestions: If you have any questions, please contact Darrel "Hap" Watkins Assistant Planner in the Planning Division at (503) 639-4171 or stop by Tigard City Hall at 13125 SW Hall Blvd, Tigard, OR 97223. VICINITY MAP /VAR2010-00003 AERIE DR ,N 1- 4~4~ 2S109AA00800 GAAARae sr J -'AMISS LN 1 ~ r f Subject Site CHIRP VIEW DR a x 1 ORYLUS RICO _Q Ml7- AIN CT c IIf-^ '~i B t Fri 9ne t'A OWtm+333n 4 - W_ ~ •1.n gnbnn11:55 PMm25Jm t0 BIRSVIEW i~p.~ OR 8]]1J iQ]6JW1]t 0 500 BB - -T iI . Tli V .L ~~.w.epaoo..uo. I i .x o]m-u TAX LOT 800 I / J y DWLL i~~ 0. 4. 80' 120- L 2S109A 600 2S110BB01600 E~H181T~. CARKNER, DONALD E 14465 SW HAZELHILL DR TIGARD, OR 97223 2S109AA04700 2S109AD07800 BAHNG, JEE YOUNG CHRISTIAN, DAVID & KELLI 14253 SW 128TH PL 14511 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AD07900 2S109AA01100 BAKER, RANDY COTE-MURPHY, MARGOT 14499 SW 128TH PL 14277 SW GREENFIELD DR TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01000 2S109AD01800 BANYARD, BENNY & CRAIG, THOMAS P & BANYARD, BENNY LESLIE JR NYDEN-CRAIG, SUZANNE V 34620 NE CORALL CREEK BLVD 14494 SW 130TH AVE NEWBERG, OR 97132 TIGARD, OR 97224 2S110BB02900 2S109AA05500 BEEHLER, THOMAS G & CRITCHFIELD, JULIAN B & JILL R ELIZABETH A 14350 SW 128TH PL 12360 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BB02700 2S109AA00700 BILLER, THOMAS G JR & ANNE G DALE, CONNIE RAE TRUSTEE 12312 SW CHANDLER DR BY DONALD W MILLER TIGARD, OR 97223 14255 SW 125TH AVE TIGARD, OR 97224 2S110BB04500 2S110131301700 BOATWRIGHT, FRANCIS W & DALY, JOE E & DENISE J ELIZABETH T 12365 SW CORYLUS CT 12377 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01700 2S109AA01201 BOYD, TERRENCE M AND DEE ANN DANG, CHI T & VINH VU 14390 SW 130TH AVE BY CHINH D DANG TIGARD, OR 97224 11338 NW ANDERSON ST PORTLAND, OR 97229 2S109AA05400 2S109AD08000 BROWN, GREG J/BERTHA R 2001 TRUS DAVIS, JEFFREY S & JAIMIE L BY GREGORY J/BERTHA R BROWN TRS 12763 SW ROCKY MOUNTAIN CT 14336 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08100 2S109AD00600 CAMPBELL, TOM & LYNN L DOBERENZ, PHILIP & 12743 SW ROCKY MOUNTAIN CT HAMPSON, CHRISTINE TIGARD, OR 97224 14505 SW 126TH AVE TIGARD, OR 97224 2S109AA05900 2S109AD08300 DOEL, RICHARD & SONIA GENOVESE, MIKE J IV 14050 SW RIDGEFIELD LN 4216 CORDOBES COVE TIGARD, OR 97223 SAN DIEGO, CA 92130 2S110BB02600 2S109AA05600 EHLERT, JAMES L & DENISE M GOULD, JOHN B & 12286 SW CHANDLER DR JANA K REVOC LIV TRUST TIGARD, OR 97224 14392 SW 128TH PL TIGARD, OR 97224 09AA01310 2S11OBB03100 ELK H IDGE ESTAT GREEN, SHARON L OWNERS OF L -16 & 36-37 12426 SW CHANDLER DR 00 TIGARD, OR 97223 10 L 9AA06200 2S110BB00900 S RN RIDGE E HAUSMANN, RITA P TRUST EK OWNER S23-25 12357 SW DUCHILLY ST 0 TIGARD, OR 97223 2 9AD09200 2S109AA04000 ELK HO E ESTA HELLER, RICHARD L OWNERS OF L -~2 14455 SW 128TH PL 000 TIGARD, OR 97224 2S109AD00400 2S110BB01300 FEDERAL NATIONAL MORTGAGE ASSN HOFFMAN, WALTER L AND PO BOX 650043 RANAYE M DALLAS, TX 75265 12300 SW DUCHILLY CT TIGARD, OR 97224 2S11OB000700 2S109AA04900 FITZWATER, D SCOTT AND HURYCH, MATTHEW JOHN & KARLENE G NOBLE, MICHELLE LYNN 12350 SW CORYLUS CT 14145 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BB00800 2S1108601500 FRANCIS, ANTHONY AND SHARON ISHIDA, TERRENCE & CONNIE J 12305 SW DUCHILLY CT 14405 SW HAZEL HILL DR TIGARD, OR 97224 TIGARD, OR 97224 2S11081302800 2S109AA00500 FRIDLYAND, ALEKSANDR & JONES, SHIRLEY J TR FRIDLYAND, MARINA 14215 SW 125TH AVE 12334 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97223 2S109AA05100 109AA0030 GARLAND, CASEY & GAIL JO SHIRL R 14220 SW 128TH PL 14215 S TH AVE TIGARD, OR 97224 TIG OR 24 2S110BB04600 2S109AD00700 KANADA, KIRBY S AND HEIDI M MCCULLOUGH, MELANIE J 12345 SW CHANDLER DR 14545 SW 126TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AA04400 2S110B804700 KIM, SANG KWON & DO SIM METZGER, CHRISTOF 14351 SW 128TH PL 12329 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S1108B01200 2S110BB01900 KLUNE, JOHN G & LOIS A TRUSTEES MINTNER, THOMAS E AND SANDRA T 12370 SW DUCHILLY CT 12425 CORYLUS CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08800 2S 11OB000800 KRUEGER, JAMES E & CONNIE L NAIDU, MOHAN KUMAR T & 12725 SW BUGLE CT NAIDU, RAMA T PORTLAND, OR 97224 12380 SW CORYLUS CT TIGARD, OR 97224 2S109AA05300 2S109AD08700 KUZNIAR, JOSEPH F & LUANNE NORMAN, KURT & ELENA 14270 SW 128TH PL 12745 SW BUGLE CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD01900 2S109AA00800 LANE, MARY L OELKE, CHRISTIAN & APRIL 2676 SE LUPINE CT 14335 SW 125TH AVE HILLSBORO, OR 97123 TIGARD, OR 97224 2S109AA04200 2S110BB03200 LEAVITT, KEITH A & PAMELA P OVERBY, JOHN & 14411 SW 128TH PL OVERBY, INA RAE TIGARD, OR 97224 12448 SW CHANDLER DR TIGARD, OR 97224 2S109AA05000 2S109AA02000 LEEF, SERGE A & ANNA PANGARES, CARY J & TRACEY L 14176 SW 128TH PL 14450 SW 130TH AVE TIGARD, OR 97223 TIGARD, OR 97224 2S1C9AA04300 2S109AD08500 LIEDTKE, CATHERINE A PATTON, GEORGE S & SANDRA F 14395 SW 128TH PL 12762 SW ROCKY MOUNTAIN CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01600 2S109AA00900 MCCALLISTER, CORT W & KELLY A PERRINE, TIM D AND ALICE 14378 SW 130TH AVE 14441 SW 125TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08600 2S109AA01800 RANKIN, JANET SHETTLE, ROBERTA A & c/o LUCERO, FIDELA & SHETTLE, GARY W MAGEE, JAMES 14412 SW 130TH AVE 8553 NW LOVEJOY ST TIGARD, OR 97224 PORTLAND, OR 97229 2S110BB01100 2S109AD08400 REDDICKS, JEFFERY E & SPANGLER, JEFFREY J & MOLLY G KATHY L 12742 SW ROCKY MOUNTAIN CT 12408 SW DUCHILLY CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD07700 2S109AA04100 REDDY, ANIL K & MAHATHI P SPELMAN, TREVOR T & PAMELA J 14533 SW 128TH PL 14433 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01900 2S109AA01S00 RIODIL, KRIS A T & ADELBERT R ST PETER, MATT P & JULIE S 14434 SW 130TH AVE 14356 SW 130TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AD00500 2S109AD09500 ROGERS, CHARLES A JR TRUSTEE TIGARD, C QF 1339 BOUNDS ST 13125 HALL btl,- - PORT CHARLOTTE, FL 33952 TI D, OR 97223 2S109AA04500 2S109AA06100 ROUGH, BENJAMIN & SARAH TIGARD OF 14333 SW 128TH PL 131 W HALO BLVD TIGARD, OR 97224 ARD, OR 97223---_ 2S109AA02100 2S109AA04600 SCOTT, ALIZA & RONALD TONOLE, RICK & SUZANNE B 14472 SW 130TH AVE 14287 SW 128TH PL PORTLAND, OR 97224 TIGARD, OR 97224 2S109AD08200 2S110BB01800 SEIBOLD, DAVID & SUSAN WALKER, JAMES W & 12713 SW ROCKY MOUNTAIN CT WALKER, SHAWNA TIGARD, OR 97224 12395 SW CORYLUS CT TIGARD, OR 97223 2S11OBB01000 2S109AA00400 SHAW, DONALD J & SYLVIA O TRS WALKER, THOMAS A SR & MELISSA A 12405 SW DUCHILLY CT 14101 SW 125TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S110131303000 2S109AA05200 SHERWOOD, THOMAS A & WHITELOCK, CRAIG & JANE M DEVLIN-SHERWOOD, JAMIE 14252 SW 128TH PL 12402 SW CHANDLER DR PORTLAND, OR 97224 TIGARD, OR 97224 2S109AA04800 WILEY, MARK S TRUST 14225 SW 128TH PL TIGARD, OR 97224 2S109AA05700 ZABETI, HAMID & HAJIAGHA, MARJAN R 14430 SW 128TH PL TIGARD, OR 97224 Charlie and Larie Stalzer Susan Beilke 14781 SW Juliet Terrace 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Craig Smelter David Walsh PO Box 1467 10236 SW Stuart Court Tualatin, OR 97062 Tigard, OR 97223 Harold and Ruth Howland Todd Harding and Blake Hering Jr. 13145 SW Benish Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (DV. I of I) (i:\curDIn\setuo\Iabels\CIT West.doc) UPDATED: 16-Dec-08 Y AFFIDAVIT OF MAILING I, Timothy Lehrbach, being first dulyswom/affinn, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: c7,,;k Aj>,,j B-(r) IS,I.," ❑D NOTICE OF PENDING LAND USE DECISION FOR VAR2010-00003 OELKE SIDE YARD SETBACK VARIANCE ❑ AMENDED NOTICE (File No./Name Reference) ig Director City of Tigard Plannn A copyof the said notice being hereto attached, marked Exhibit "A" , and byreference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on January 25, 2010, and deposited in the United States Nlail on Iantiary25, 2010, postage prepaid. 4 (Person that Prepared Notice) STATE OF OREGON COLIn of Washington) ss. City of Tigard ) , 2010. Subscribed and swop-/affirmed before me on the dayof IN OFFICIAL SEAL. u6~ SHIRLEY L TREAT NOTARY PUBIIIC OF OREGON NOTARY PUBLIC - OREGON COMMISSION NO. 06M My Conurussion Expires: `f Ion S~( J MY COMMISSION EXPIRES APRIL 25,2011- NOTICE TO MORTGAGEE, LIENHOI _ . ;R, VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE T141S NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING • LAND USE APPLICATION TYPE II VARIANCE DATE OF NOTICE: January 25, 2010 FILE NOS.: VARIANCE (VAR) 2010-00003 EXHIBIT FILE TITLE: OELKE SIDE YARD SETBACK VARIANCE OWNER: Christian and April Oelke APPLICANT: Christian and April Oelke 14335 SW 125th Avenue 14335 SW 12511, Avenue Tigard, OR 97224 Tigard, OR 97224 REQUEST: The applicant is requesting a variance to the side yard setback requirement of 30 feet when abutting a more restrictive zone. The variance is requested in order to build a new home on the lot without necessitating the removal of a mature walnut tree and pear trees. The variance will also allow the building footprint to remain closer to the road, thereby limiting intrusion into the rear yard which is a registered wildlife habitat with the National Wildlife Federation. The proposed construction will comply with the standards of the more restrictive zone (R-1). LOCATION: 14335 SW 125th Avenue; Washington County Tax Map 2S109AA, Tax Lot 00800. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, and 18.510. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON FEBRUARY 8, 2010. All comments should be directed to Hap Watldns, Assistant Planner 503.718.2440 in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by e-mail to hapLa)tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR FEBRUARY 15, 2010. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. `Y'RITI'EN COMMENTS WILL BECOT A PART OF THE PERMANENT PUB- RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this pro oral; ♦ Raise any issues andTc r concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER TIIE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL, ISSUE A TYPE, II ADMINISTRATIVE DECISION. THE DIREC'TOR'S DECISION SI IALL BE MAILED TOT I IE APPLICANTAND TO OWNERS OF RECORD OF PROPERI'Y LOCATED WITHIN 500 FEET OF THE SUBJECTSITE, AND TO ANYONE ELSE WIIO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITIT'D TO NOTICE. THE'"-DMRCTOR'S DECISION SHALL, ADDRESS ALT. OFF'ri-IF. RF,LEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THL; FACTS CONTAINED WITI TIN TI IF1 RI?CORD, TI11? DHtECTOR SI IA1,1. APPROVF; APPROVI? WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/ EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." c ! ~J' VICINITY MAP VAR2010A0003 DR^ l J n O -1 h4. S 25109AA00800 1 Tj f f 41gE5 LN SS®ct Site i IRP ST I~ yf+~'.. Y t7. SEAR W DR w w F e z \ IN CT CORYLUS Ci ' oB ViEJg prim rvrk r Fat ~ ~aa,u 2S109A 600 2S110BB01600 CARKNER, DONALD E 14465 SW HAZELHILL DR TIGARD, OR 97223 2S109AA04700 2S109AD07800 BAHNG, JEE YOUNG CHRISTIAN, DAVID & KELLI 14253 SW 128TH PL 14511 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AD07900 2S109AA01100 BAKER, RANDY COTE-MURPHY, MARGOT EXHIBIT 14499 SW 128TH PL 14277 SW GREENFIELD DR TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01000 2S109AD01800 BANYARD, BENNY & CRAIG, THOMAS P & BANYARD, BENNY LESLIE JR NYDEN-CRAIG, SUZANNE V 34620 NE CORALL CREEK BLVD 14494 SW 130TH AVE NEWBERG, OR 97132 TIGARD, OR 97224 2S110BB02900 2S109AA05500 BEEHLER, THOMAS G & CRITCHFIELD, JULIAN B & JILL R ELIZABETH A 14350 SW 128TH PL 12360 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BB02700 2S109AA00700 BILLER, THOMAS G JR & ANNE G DALE, CONNIE RAE TRUSTEE 12312 SW CHANDLER DR BY DONALD W MILLER TIGARD, OR 97223 14255 SW 125TH AVE TIGARD, OR 97224 2S110BB04500 2S11013801700 BOATWRIGHT, FRANCIS W & DALY, JOE E & DENISE J ELIZABETH T 12365 SW CORYLUS CT 12377 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01700 2S109AA01201 BOYD, TERRENCE M AND DEE ANN DANG, CHI T & VINH VU 14390 SW 130TH AVE BY CHINH D DANG TIGARD, OR 97224 11338 NW ANDERSON ST PORTLAND, OR 97229 2S109AA05400 2S109AD08000 BROWN, GREG J/BERTHA R 2001 TRUS DAVIS, JEFFREY S & JAIMIE L BY GREGORY J/BERTHA R BROWN TRS 12763 SW ROCKY MOUNTAIN CT 14336 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08100 2S109AD00600 CAMPBELL, TOM & LYNN L DOBERENZ, PHILIP & 12743 SW ROCKY MOUNTAIN CT HAMPSON, CHRISTINE TIGARD, OR 97224 14505 SW 126TH AVE TIGARD, OR 97224 2S109AA05900 2S109AD08300 DOEL, RICHARD & SONIA GENOVESE, MIKE J IV 14050 SW RIDGEFIELD LN 4216 CORDOBES COVE TIGARD, OR 97223 SAN DIEGO, CA 92130 2S110BB02600 2S109AA05600 EHLERT, JAMES L & DENISE M GOULD, JOHN B & 12286 SW CHANDLER DR JANA K REVOC LIV TRUST TIGARD, OR 97224 14392 SW 128TH PL TIGARD, OR 97224 09AA06300 2S1108B03100 ELK H IDGE ESTAT GREEN, SHARON L OWNERS OF L -16 & 36-37 12426 SW CHANDLER DR 00 TIGARD, OR 97223 "~09AA06200 2S110B800900 ELK RN RIDGE E ~a~~ HAUSMANN, RITA P TRUST OWNER S23-25 12357 SW DUCHILLY ST 0 TIGARD, OR 97223 2 9AD09200 2S109AA04000 ELK HO AGE ESTA HELLER, RICHARD L OWNERS OF L 14455 SW 128TH PL 000 TIGARD, OR 97224 2S109AD00400 2S110BB01300 FEDERAL NATIONAL MORTGAGE ASSN HOFFMAN, WALTER L AND PO BOX 650043 RANAYE M DALLAS, TX 75265 12300 SW DUCHILLY CT TIGARD, OR 97224 2S110B000700 2S109AA04900 FITZWATER, D SCOTT AND HURYCH, MATTHEW JOHN & KARLENE G NOBLE, MICHELLE LYNN 12350 SW CORYLUS CT 14145 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BB00800 2S1108B01500 FRANCIS, ANTHONY AND SHARON ISHIDA, TERRENCE & CONNIE J 12305 SW DUCHILLY CT 14405 SW HAZEL HILL DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BB02800 2S109AA00500 FRIDLYAND, ALEKSANDR & JONES, SHIRLEY J TR FRIDLYAND, MARINA 14215 SW 125TH AVE 12334 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97223 2S109AA05100 109AA<RLR GARLAND, CASEY & GAIL JO S 11 14220 SW 128TH PL 14215S TIGARD, OR 97224 TIG , 2S 10BB04600 2S109AD00700 KANADA, KIRBY S AND HEIDI M MCCULLOUGH, MELANIE J 12345 SW CHANDLER DR 14545 SW 126TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AA04400 2S110131304700 KIM, SANG KWON & DO SIM METZGER, CHRISTOF 1435". SW 128TH PL 12329 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BB01200 2S110BB01900 KUUNE, JOHN G & LOIS A TRUSTEES MINTNER, THOMAS E AND SANDRA T 12370 SW DUCHILLY CT 12425 CORYLUS CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08800 2S110B000800 KRUEGER, JAMES E & CONNIE L NAIDU, MOHAN KUMAR T & 12725 SW BUGLE CT NAIDU, RAMA T PORTLAND, OR 97224 12380 SW CORYLUS CT TIGARD, OR 97224 2S109AA05300 2S109AD08700 KUZNIAR, JOSEPH F & LUANNE NORMAN, KURT & ELENA 14270 SW 128TH PL 12745 SW BUGLE CT TIGARD, OR 97224 TIGARD. OR 97224 2S109AD01900 2S109AA00800 LANE, MARY L OELKE, CHRISTIAN & APRIL 2676 SE LUPINE CT 14335 SW 125TH AVE HILLSBORO, OR 97123 TIGARD, OR 97224 2S109AA04200 2S110BB03200 LEAVITT, KEITH A & PAMELA P OVERBY, JOHN & 14411 SW 128TH PL OVERBY, INA RAE TIGARD, OR 97224 12448 SW CHANDLER DR TIGARD, OR 97224 2S109AA05000 2S109AA02000 LEEF, SERGE A & ANNA PANGARES, CARY J & TRACEY L 14176 SW 128TH PL 14450 SW 130TH AVE TIGARD, OR 97223 TIGARD, OR 97224 2S109AA04300 2S109AD08500 LIEDTKE, CATHERINE A PATTON, GEORGE S & SANDRA F 14395 SW 128TH PL 12762 SW ROCKY MOUNTAIN CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01600 2S109AA00900 MCCALLISTER, CORT W & KELLY A PERRINE, TIM D AND ALICE 14378 SW 130TH AVE 14441 SW 125TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S 09AD08600 2S109AA01800 RANKIN, JANET SHETTLE, ROBERTA A & c/o LUCERO, FIDELA & SHETTLE, GARY W MAGEE, JAMES 14412 SW 130TH AVE 8553 NW LOVEJOY ST TIGARD, OR 97224 PORTLAND, OR 97229 2S110B801100 2S109AD08400 REDDICKS, JEFFERY E & SPANGLER, JEFFREY J & MOLLY G KATHY L 12742 SW ROCKY MOUNTAIN CT 12408 SW DUCHILLY CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD07700 2S109AA04100 REDDY, ANIL K & MAHATHI P SPELMAN, TREVOR T & PAMELA J 14533 SW 128TH PL 14433 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01900 2S109AA01500 RIODIL, KRIS A T & ADELBERT R ST PETER, MATT P & JULIE S 14434 SW 130TH AVE 14356 SW 130TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AD00500 -2S40Q.AD09500 ROGERS, CHARLES A JR TRUSTEE TIGARD, QF 1339 BOUNDS ST 13125 HALL LLV6- PORT CHARLOTTE, FL 33952 TI D, OR 97223 2S109AA04500 2'SI09AA06100 ROUGH, BENJAMIN & SARAH TIGARD' OF 14333 SW 128TH PL 131 W HALL'91 VD TIGARD, OR 97224 ARD, OR 97223 °v 2S109AA02100 2S109AA04600 SCOTT, ALIZA & RONALD TONOLE, RICK & SUZANNE B 14472 SW 130TH AVE 14287 SW 128TH PL PORTLAND, OR 97224 TIGARD, OR 97224 2S109AD08200 2S110BB01800 SEIBOLD, DAVID & SUSAN WALKER, JAMES W & 12713 SW ROCKY MOUNTAIN CT WALKER, SHAWNA TIGARD, OR 97224 12395 SW CORYLUS CT TIGARD, OR 97223 2S110BB01000 2S109AA00400 SHAW, DONALD J & SYLVIA O TRS WALKER, THOMAS A SR & MELISSA A 12405 SW DUCHILLY CT 14101 SW 125TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S110131303000 2S109AA05200 SHERWOOD, THOMAS A & WHITELOCK, CRAIG & JANE M DEVLIN-SHERWOOD, JAMIE 14252 SW 128TH PL 12402 SW CHANDLER DR PORTLAND, OR 97224 TIGARD, OR 97224 2S1'09AA04800 WILEY, MARK S TRUST 14225 SW 128TH PL TIGARD, OR 97224 2S109AA05700 ZABETI, HAMID & HAJIAGHA, MARJAN R 14430 SW 128TH PL TIGARD, OR 97224 Charlie and Larie Stalzer Susan Beilke 14781 SW Juliet Terrace 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Craig Smelter David Walsh PO Box 1467 10236 SW Stuart Court Tualatin, OR 97062 Tigard, OR 97223 Harold and Ruth Howland Todd Harding and Blake Hering Jr. 13145 SW Benish Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 1361h Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES fog. I of n fi:\curDIn\setuo\Iabels\CIT West.docl UPDATED: 16-Dec-08 AFFIDAVIT OF POSTING NOTICE - OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: VAR2010-00003 Land Use File Name: OELKE SIDE YARD SETBACK VARIANCE I, Hap Watkins, Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the G~1 day of 2010. 1&Z A.4 11 I c Signature Person Who Performed Posting hA1o, in\patn-',ma~ter,\ifhdant otposting tot :applicant to poet public hraring.doc -OELKE SIDE YARD SETBACK- VARIANCE (VAR) 2010-00003 REQUEST: Request for a variance to the side yard setback requirement of 30 feet when abutting a more restrictive zone in order to build a new home on the lot without necessitating the removal of mature walnut tree and pear trees. Variance will allow building footprint to remain closer to the road, thereby limiting intrusion into the r(-qr yard which is a registered wildlife habitat with the National Wildlife Federatioli. Proposed construction will comply with the standards of the more restrictive zone (R-1). LOCATION: 14335 SW 125th Avenue; Washington County Tax Map 2S109AA, Tax Lot 00800. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Commuracy Development Code Chapters 18.370, 18.390, and 18.510. Further information may be obtained from the Planning Division (staff contact: Hap Watkins, Assistant Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-718-2440 or by email to hapatigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. Area Notified (500 Ft) O AERIE Christian Oelke I t 2S109AA00800 \ \ \ \ AM ES LN a ILNIINGT CHANDLER DR Subject Site E ` ' \ \ ` \ Property owner information is valid for 3 months from the date printed on \ E\ this map. \ - L~ Map Printed: 22-Jan-10 7771 I Information on this map is for general location W ~ LLJ only and should be verified with the Development Q W Q W Services Division. S DATA IS DERIVED FROM MULTIPLE SOURCES THECITYOFTIGARD W Z MAKES NOT WARRANTY REPRESENTATION. OR GUARANTEE AS TO THE 0 1L ~ W CONTENT, ACCURACY, TIMELINESS O U THE HERE NTHECITY OF TIGAARD SHALL ASSUME NO W N LDABILRY FOR Y ERRORS, OMISSIONS. OR INACCURACIES IN THE a INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. W = -40-111111, COMMUNITY DEVELOPMENT DEPARTMENT Z 1 'A City of Tigard 3125 S CT 670 NTERVIEW DR 1Tgar , W Hall Blvd ard OR 97223 t 503 639-0171 www.tigard-or.gov 25109 600 2S11013801600 CARKNER, DONALD E 14465 SW HAZELHILL DR TIGARD, OR 97223 2S109AA04700 2S109AD07800 BAHNG, JEE YOUNG CHRISTIAN, DAVID & KELLI 14253 SW 128TH PL 14511 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AD07900 2S109AA01100 BAKER, RANDY COTE-MURPHY, MARGOT 14499 SW 128TH PL 14277 SW GREENFIELD DR TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01000 2S109AD01800 BANYARD, BENNY & CRAIG, THOMAS P & BANYARD, BENNY LESLIE JR NYDEN-CRAIG, SUZANNE V 34620 NE CORALL CREEK BLVD 14494 SW 130TH AVE NEWBERG, OR 97132 TIGARD, OR 97224 2S110BB02900 2S109AA05500 BEEHLER, THOMAS G & CRITCHFIELD, JULIAN B & JILL R ELIZABETH A 14350 SW 128TH PL 12360 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BB02700 2S109AA00700 BILLER, THOMAS G JR & ANNE G DALE, CONNIE RAE TRUSTEE 12312 SW CHANDLER DR BY DONALD W MILLER TIGARD, OR 97223 14255 SW 125TH AVE TIGARD, OR 97224 2S110BB04500 2S110BB01700 BOATWRIGHT, FRANCIS W & DALY, JOE E & DENISE J ELIZABETH T 12365 SW CORYLUS CT 12377 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01700 2S109AA01201 BOYD, TERRENCE M AND DEE ANN DANG, CHI T & VINH VU 14390 SW 130TH AVE BY CHINH D DANG TIGARD, OR 97224 11338 NW ANDERSON ST PORTLAND, OR 97229 2S109AA05400 2S109AD08000 BROWN, GREG J/BERTHA R 2001 TRUS DAVIS, JEFFREY S & JAIMIE L BY GREGORY J/BERTHA R BROWN TRS 12763 SW ROCKY MOUNTAIN CT 14336 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08100 2S109AD00600 CAMPBELL, TOM & LYNN L DOBERENZ, PHILIP & 12743 SW ROCKY MOUNTAIN CT HAMPSON, CHRISTINE TIGARD, OR 97224 14505 SW 126TH AVE TIGARD, OR 97224 2S109AA05900 2S109AD08300 DOEL, RICHARD & SONIA GENOVESE, MIKE J IV 14050 SW RIDGEFIELD LN 4216 CORDOBES COVE TIGARD, OR 97223 SAN DIEGO, CA 92130 2511061302600 2S109AA05600 EHLERT, JAMES L & DENISE M GOULD, JOHN B & 12286 SW CHANDLER DR JANA K REVOC LIV TRUST TIGARD. OR 97224 14392 SW 128TH PL TIGARD, OR 97224 09AA06300 2S110BB03100 ELK H IDGE ESTAT GREEN, SHARON L OWNERS OF L -16 & 36-37 12426 SW CHANDLER DR 00 TIGARD, OR 97223 109AA06200 2S110BB00900 ELK RN RIDGE E HAUSMANN, RITA P TRUST OWNER S23-25 12357 SW DUCHILLY ST 0 TIGARD, OR 97223 2 9AD09200 2S109AA04000 ELK HO E ESTA HELLER, RICHARD L OWNERS OF L 14455 SW 128TH PL 000 TIGARD, OR 97224 2S109AD00400 2S1108B01300 FEDERAL NATIONAL MORTGAGE ASSN HOFFMAN, WALTER L AND PO BOX 650043 RANAYE M DALLAS, TX 75265 12300 SW DUCHILLY CT TIGARD, OR 97224 2S110BC00700 2S109AA04900 FITZWATER, D SCOTT AND HURYCH, MATTHEW JOHN & KARLENE G NOBLE, MICHELLE LYNN 12350 SW CORYLUS CT 14145 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2511061300800 251106801500 FRANCIS, ANTHONY AND SHARON ISHIDA, TERRENCE & CONNIE J 12305 SW DUCHILLY CT 14405 SW HAZEL HILL DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BB02800 2S109AA00500 FRIDLYAND, ALEKSANDR & JONES, SHIRLEY J TR FRIDLYAND, MARINA 14215 SW 125TH AVE 12334 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97223 2S109AA05100 109AA00300 GARLAND, CASEY & GAIL JO SHIRL R 14220 SW 128TH PL 14215 S TH AVE TIGARD, OR 97224 TIG OR 24 2S110BB04600 2S109AD00700 KANADA, KIRBY SAND HEIDI M MCCULLOUGH, MELANIE J 12345 SW CHANDLER DR 14545 SW 126TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AA04400 2S110BB04700 KIM, SANG KWON & DO SIM METZGER, CHRISTOF 14351 SW 128TH PL 12329 SW CHANDLER DR TIGARD, OR 97224 TIGARD, OR 97224 2S110131301200 2S11013601900 KLUNE, JOHN G & LOIS A TRUSTEES MINTNER, THOMAS E AND SANDRA T 12370 SW DUCHILLY CT 12425 CORYLUS CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08800 2S110B000800 KRUEGER, JAMES E & CONNIE L NAIDU, MOHAN KUMAR T & 12725 SW BUGLE CT NAIDU, RAMA T PORTLAND, OR 97224 12380 SW CORYLUS CT TIGARD, OR 97224 2S109AA05300 2S109AD08700 KUZNIAR, JOSEPH F & LUANNE NORMAN, KURT & ELENA 14270 SW 128TH PL 12745 SW BUGLE CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD01900 2S109AA00800 LANE, MARY L OELKE, CHRISTIAN & APRIL 2676 SE LUPINE CT 14335 SW 125TH AVE HILLSBORO, OR 97123 TIGARD, OR 97224 2S109AA04200 2S110BB03200 LEAVITT, KEITH A & PAMELA P OVERBY, JOHN & 14411 SW 128TH PL OVERBY, INA RAE TIGARD, OR 97224 12448 SW CHANDLER DR TIGARD, OR 97224 2S109AA05000 2S109AA02000 LEEF, SERGE A & ANNA PANGARES, CARY J & TRACEY L 14176 SW 128TH PL 14450 SW 130TH AVE TIGARD, OR 97223 TIGARD, OR 97224 2S109AA04300 2S109AD08500 LIEDTKE, CATHERINE A PATTON, GEORGE S & SANDRA F 14395 SW 128TH PL 12762 SW ROCKY MOUNTAIN CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01600 2S109AA00900 MCCALLISTER, CORT W & KELLY A PERRINE, TIM D AND ALICE 14378 SW 130TH AVE 14441 SW 125TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AD08600 2S109AA01800 RANKIN, JANET SHETTLE, ROBERTA A & c/o LUCERO, FIDELA & SHETTLE, GARY W MAGEE, JAMES 14412 SW 130TH AVE 8553 NW LOVEJOY ST TIGARD, OR 97224 PORTLAND, OR 97229 2S110BB01100 2S109AD08400 REDDICKS, JEFFERY E & SPANGLER, JEFFREY J & MOLLY G KATHY L 12742 SW ROCKY MOUNTAIN CT 12408 SW DUCHILLY CT TIGARD, OR 97224 TIGARD, OR 97224 2S109AD07700 2S109AA04100 REDDY, ANIL K & MAHATHI P SPELMAN, TREVOR T & PAMELA J 14533 SW 128TH PL 14433 SW 128TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S109AA01900 2S109AA01500 RIODIL, KRIS A T & ADELBERT R ST PETER, MATT P & JULIE S 14434 SW 130TH AVE 14356 SW 130TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S109AD00500 AD09500 ROGERS, CHARLES A JR TRUSTEE TIGARD, F 1339 BOUNDS ST 13125, HALL B PORT CHARLOTTE, FL 33952 TI D, OR 97223 2S109AA04500 M00.AA06100 ROUGH, BENJAMIN & SARAH TIGARD `OF 14333 SW 128TH PL 131 W HAL VD TIGARD, OR 97224 ARD, OR 97223 2S109AA02100 2S109AA04600 SCOTT, ALIZA & RONALD TONOLE, RICK & SUZANNE B 14472 SW 130TH AVE 14287 SW 128TH PL PORTLAND, OR 97224 TIGARD, OR 97224 2S109AD08200 2S110BB01800 SEIBOLD, DAVID & SUSAN WALKER, JAMES W & 12713 SW ROCKY MOUNTAIN CT WALKER, SHAWNA TIGARD, OR 97224 12395 SW CORYLUS CT TIGARD, OR 97223 2S110BB01000 2S109AA00400 SHAW, DONALD J & SYLVIA O TRS WALKER, THOMAS A SR & MELISSA A 12405 SW DUCHILLY CT 14101 SW 125TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S110BB03000 2S109AA05200 SHERWOOD, THOMAS A & WHITELOCK, CRAIG & JANE M DEVLIN-SHERWOOD, JAMIE 14252 SW 128TH PL 12402 SW CHANDLER DR PORTLAND, OR 97224 TIGARD, OR 97224 72S109A44800 WILEY, MARK S TRUST 14225 SW 128TH PL TIGARD, OR 97224 2S109AA05700 ZABETI, HAMID & HAJIAGHA, MARJAN R 14430 SW 128TH PL TIGARD, OR 97224 CITY OF TIGARD CONIMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVARD' TIGARD, OREGON 97223 PHONE: 503-639-4171 F.Vk: 5C3-718-2748 (Attn: Patty/P1annui lg) EN AIL: paut cjvtigard-ongov REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than 1 tax lot or if the parcel has no address, you must separately identify each tax lot associated with the project.) Iq 335 S W 1,5"-' Ave- , 1 i q and 910-7 PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. ❑ Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) vrith first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property- owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON hrisfi an b'e I kejApr' P ONE: 503)-aaa - 3~'3 NAME OF COMPANY: FAX: (503 2- EMAIL: This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon coinppletion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE- TYPED MAILING LABELS FILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, phis $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost t( pruit one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - 4 sheets of labels x $2/sheet = 8.00 x 2 sets = $16.OC '-I sheet(s) of labels x $2/sheet = $ 6 x J sets = i 6 .ou 1 sheets of labels x $2/sheet for interested parties x 2 sets= $ 4.00 sheet(s) of labels x $2/sheet for interested parties = $ 2- x sets = . O _ GENT-, RATE LIST = $11.0 C GENERATE LIST =$11.00- TOTAL = $3 LOC TOTAL 3I , O 2S109AA00800 OELKE, CHRISTIAN & APRIL 14335 SW 125TH AVE TIGARD, OR 97224 UW'~ C5T Y, P\- co 1 os 4 11Z.S~ I b ON-GOING CORRESPONDENCE/ ACTMTYFOLLOWING INITIAL APPLICATION SUBMITTAL Hap Watkins From: Hap Watkins Sent: Friday, January 29, 2010 10:53 AM To: perrines@comcast.net'; 'Sue Seibold' Cc: 'cmo@smoklaw.com'; 'C & A Oelke' Subject: Oelke Variance Site Plan Attachments: 20100129122034211.pdf; Bullwinkle1.jpg Attached is one full site plan and an enlarged site plan for the eastern part of the lot. I have marked "X" on the trees to be removed. The shaded area is the existing building and the bolder lines show the proposed home. All of the area shown on the site plan is improved with home, lawn, conifers and fruit trees. One very large conifer and a large walnut tree are to be retained as well. The orange lines indicate the spread of the tree limb structure. I have spoken with Mr. Oelke and he confirmed his willingness and intent to provide "good neighbor" screening planting between his lot and the Perine's at the eastern end. He and his wife will discuss the type and location with the Perines. As shown, the new home will only extend about 12 feet beyond the existing stone patio. I have been in contact with Roxanne Paul, National Wildlife Federation Headquarters, and she stated that they have no claim or restrictions to any property they recognize as a back yard wildlife habitat. And as an afterthought, I have also attached a picture provided by Mrs. Oelke that she took in 2008 in her back yard. 1 , 1 I _ I i - ' Fa 1 00 " ~ wE~.l. , , TAX T $ o ~ ~ ~8 ~r` r ~~o K , 11 Sq Fi.*- ~ 1 ,I ~ ► IN ELY GR-M lZ Y go, Hap Watkins From: Christian Oelke [cmo@smoklaw.com] Sent: Monday, February 08, 2010 2:48 PM To: Hap Watkins Subject: Revised Site with Vision Screen Attachments: SKM BT_C55010020815260. pdf Hap - See attached site plans that reflect my handwritten additions to provide a vision screen on our property of not less than 6 feet (I incorporated on the 2 most recent site plans that Carl sent to you). The screen is intended to begin at the roadway and continue to the edge of the mature evergreens that are located on the Perrines property. Let me know if you need anything else. Thanks, Christian Christian M. Oelke Scarborough McNeese O'Brien & Kilkenny, P.C. 5410 SW Macadam Avenue, Suite 100 Portland, OR 97239 Phone (503) 224-6383 Fax (503) 241-7342 cmo g smoklaw. com IMPORTANT TAX INFORMATION: Please be advised, that this communication is not intended or written by Scarborough, McNeese, O'Brien & Kilkenny, P.C., to be used, and cannot be used or relied upon by the taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer under federal tax law. The information transmitted in this e-mail message and attachments, if any, may be attorney-client information, including privileged or confidential material, and is intended only for the use of the individual or entity named above. Distribution to, or review by, unauthorized persons is prohibited. If you have received this transmission in error, please immediately notify the sender and permanently delete this transmission including attachments, if any. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-ma may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are hey the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention SchedL _ 1 REQUEST FOR COMMENTS Hap Watkins From: Hap Watkins Sent: Friday, February 05, 2010 8:03 AM To: 'Sue Seibold' Subject: RE: Oelke Property I am happy to hear from you. The Oelkes are beginning conversations with their nearest neighbor also, so it seems that all will proceed with understanding between all parties. Have a good weekend ..............hap From: Sue Seibold [mailto:sseibold@comcast.net] Sent: Thursday, February 04, 2010 4:51 PM To: Hap Watkins Subject: RE: Oelke Property Mr. Watkins, Thank you so much for your attentiveness to my concerns. I appreciate all the information you have provided. Dave and I have no objections to the proposed variance. Our initial concerns regarding the preservation of the beautiful habitat and trees have been alleviated. It looks like a lovely home plan and we wish the Oelkes the very best. Thank you, Sue Seibold From: Hap Watkins [mailto:HAP@tigard-or.gov] Sent: Friday, January 29, 2010 11:02 AM To: 'Perri nes@comcast.net'; 'Sue Seibold' Cc: 'cmo@smoklaw.com'; 'C & A Oelke' Subject: Oelke Property I was in error yesterday when I said two conifers would be taken out for the Oelke's new home. There will only be one conifer removed and a small cherry tree. Mrs. Seibold, I promised you another map of steep slopes also, which is attached. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-m may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Sched, !:r 1 Hap Watkins From: Hap Watkins Sent: Monday, February 08, 2010 3:02 PM To: 'Perrines' Subject: RE: Oelke Property - Type II variance Thank you for your comments. I have been in touch with Mr. Oelke and he will provide me with a revised site plan that shows an evergreen vision screen planting. I believe it will start at your last mature tree and continue to the right of way. I will condition the variance that this planting be accomplished. The house design will meet the standards for the R-1 zone, up to a five foot setback and 25 feet maximum height (measured from the ground to the midpoint of the roof, eave to peak). With the evergreen screen, I doubt that a five foot setback will be the case, but that is the application reduce the setback to 5 feet as in the R-1 zone". I can't require that there be no windows on the south side, as there may be a sleeping room that requires an egress window. It appears that the windows of the planned home are to the west and east to view the front and rear of the property. There will be no requirement to hook up to the sanitary sewer lines, as the site is over 300 feet from the nearest line. They will be working with WA County Health for the septic system design. I will begin the code research and decision draft as soon as I get a site plan with the screening indicated. Thank you again for your comments, and I am pleased that you are discussing the project directly with the Oelkes. From: Perrines [mailto:perrines@comcast.net] Sent: Sunday, February 07, 2010 1:03 PM To: Hap Watkins Subject: Re: Oelke Property - Type II variance We would like to formalize our written comments on this subject within the 14 day period. We are the adjacent property owner to the Oelke's South. The variance request for the side yard is the land that directly abuts our property on our North side. These are both large lots with large natural habitat to the back. In talking with the Oelke's, we believe we both value the privacy, seclusion, and natural surroundings that these properties both afford. We have no issue with the Oelke's building a larger house on their property. We recognize keeping the house closer to the road is consistent with special circumstances given the slope and habitat to the back. Given there is significant open space to their North, we don't necessarily recognize a special circumstance requiring a variance to the South. There will be loss of two or three trees in either circumstance and shifting the location South brings it into much closer proximity to us. Our concerns are as follows: 1. Buffer. The variance request does not address how much of the thirty feet is being requested. There is a lot of difference between the house being five feet from our line and twenty-five feet from our line. The footprint sent in the previous email shows the house about five feet from the property line. I think both families desire privacy and seclusion, but there needs to be provision for mutually acceptable buffers. Five feet provides very little space on their property for such a buffer. Over time we have planted trees on our side of the property to provide some buffer, but we would like to see a buffer on both sides established. 2. House design. There is currently no completed design of the house. We would like a better understanding of what we would be looking at. Specifically, what is the roofline facing our direction and are there are windows facing South 1 affecting our degree of privacy? Ot sly, from our perspective, we would prefE ow profile roofline with no windows facing South. 3. Sewer. Neither house is currently connected to the sewer as it is too far away. As we understand it, the Oelke's drainfield would stay intact, but there will be a necessity to move their septic tank. Given the age of the current house and drainfield, there is always some possibility that it will no longer be acceptable for use. If this necessitated connection to sewer, from which direction would the line be brought in and would it require our connection and associated costs? We would like this addressed in writing. Thank you for your consideration of our comments. Could you please confirm receipt of this email. Sincerely, Tim and Alice Perrine 14441 SW 125th Ave. Tigard, OR 97224 Original Message From: Hap Watkins To:'Perri nesC~comcast.net' ; 'Sue Seibold' Cc: 'cmo(cD-smoklaw.com' ; 'C & A Oelke' Sent: Friday, January 29, 2010 11:02 AM Subject: Oelke Property I was in error yesterday when I said two conifers would be taken out for the Oelke's new home. There will only be one conifer removed and a small cherry tree. Mrs. Seibold, I promised you another map of steep slopes also, which is attached. DiSCLAIN,IER. E-macs se'i: or ;`ecelvea 2Y l i;} ci ! yc;u (ii .'uy'ees ire s C;CC [ dui .i e J u':✓s li iCJ cs,CCJ mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained b'li- Schledui, _ 2 APPLICATION PRE-APE IM M BY CITY OF TIGARD PLANNING DIVI WED LAND USE PERMIT APPLICATI City of Tigard Pmw Caner 13125 SWHall Bluff, Tigard OR 972). N 2 2 2010 Phone 503.639.4171 Fax: 503.598.1960 CITY QE TIGARD PLANWX31ENGINEERING File ~ , ' 0()3 Other Case # Date 1 By Receipt # 7(e a-- Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Adjustment/ Variance (I or II ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Development Code Amendment (I`) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCA I N WHERE RO ED A VI WILL OGCVR A ress available) I'i 3 3 5 SW D _5j't Ave- Ti m j bP_ 1-7')')'J TAX MAPS & TAX LOT NOS. S ► 001 A fl op Soo TO AL I E SIZE ZONING CLASSIFICATION ~ . ~ - R - q- APPLICANT' C Nm STIR N "Rl L- CS LKC- MAILING DRESS O STA IP 14335 SW 125r- Af d~ °~722~ PHONE NO FAX NO X03.63 503 - a H - -7 3y 2 PRIMARY CON rAC.T PERSON PHONE NO C,Htzls~~~ 6ELKt- 503 -ZZI-63$3 PROPERTY OVIvER DEED HOLDER (Attach L more an one CHILI ST'IAAJ NUL_ dE L K& MAILING ADDRESS CI ' STA Z P I LI 335 SW 125 tA VE TI ~ h fZb , 012 q122-1 PHONE NO FAX NO. 503-(0?A-°IC144 Sb3- 2L41- 1342 "When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY (Please be spec is APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. _ is\curpln\rnasters\land use applications\land use permit app.doc THE APPLICANT SHALL CERTIFYTHAT: © If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. t, All the above statements and the statements in the plot plan, attachments, and exltibits transnutted herewith, are true; and the applicants so acknowledge that anypermit issued, based on this application, map 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 den}1g the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. el 7) Owner's Si tore Dat O"tJ 0.~W- M ner's Signature to , j'v • J i .'1 i ~ ~ i r'. Owner's Signature ` s ? » w Date 04 Owner's Signature Date ~ i ~ ~ i ~ Jai i 1•'~. Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 176652 - 01/22/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2010-00003 Admin Variance 1003100-43116 $541.00 VAR2010-00003 Admin Variance - LRP 1003100-43117 $80.00 Total: $621.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1230 STREAT 01/22/2010 $621.00 Payor: Christian Oelke Total Payments: $621.00 Balance Due: $0.00 Page 1 of 1 rzil LAND USE APPLICATION COMPLETENESS REVIEW REQUEST = Gil Li / l t-w 5 To: 004', rte' 11MAK Return to: Hap Watkins Date Sent: 1/22/10 Date Due: 1/29/10 Project Name: Oelke Side Yard Variance Case No.: VAR2010-00003 Brief description of the project: Applicant proposes to reduce 30 ft. sideyard setback to 5 ft. to save a mature oak tree and two mature pear trees. To preserve the rear yard/sensitive lands boundary to the greatest extent possible the new house will require the removal of two trees. A circular drive is proposed. The address of the property is 14335 SW 125`x' Ave. Complete? Yes ❑ No Comments below or ❑ See Attached is\curpln\masters\completeness review requestdocx LAND USE APPLICATION COMPLETENESS REVIEW REQUEST e I To: iFeA 91;~f Return to: Hap Watkins Date Sent: 1/22/10 Date Due: 1/29/10 Project Name: Oelke Side Yard Variance Case No.: VAR2010-00003 Brief description of the project: applicant proposes to reduce 30 ft. sideyard setback to 5 ft. to save a mature oak tree and two mature pear trees. To preserve the rear yard/sensitive lands boundary to the greatest extent possible the new house will require the removal of two trees. A circular drive is proposed. The address of the property is 14335 SW 125`h Ave. Complete? Yes ❑ No Comments below or ❑ See Attached is\curpln\masters\completeness review request.docx LAND USE APPLICATION COMPLETENESS REVIEW REQUEST To: Return to: Hap Watkins Date Sent: 1/22/10 Date Due: 1/29/10 Project Name: Oelke Side Yard Variance Case No.: VAR2010-00003 Brief description of the project: Applicant proposes to reduce 30 ft. sideyard setback to 5 ft. to save a mature oak tree and two mature pear trees. To preserve the rear yard/sensitive lands boundary to the greatest extent possible the new house will require the removal of two trees. A circular drive is proposed. The address of the property is 14335 SW 125`x' Ave. Complete? ❑ Yes ❑ No Comments below or ❑ See Attached AJO ~ CJb JA4c--rscnV 5 0P, CCMMA,./I5 C) A/ jk- T - f5Aa is\curpln\masters\completeness review request.docx 6 W.sni^9t°^ °0"^`1'• °r•a°" 2004-106393 \1 08/1412004 02:10:33 PM 04W Cnt•1 41n•r N GRUNEWALD Title Order No. 04255938 $15.00 $$.00 311.00 s513.00 • Total • $561.00 t I' Escrow No. 04255938 u IIIIIII I II 1111 I~I IIII1$I I II iI I01I1 111 l N ~II After Recording Return To: 'lll 0085377142 I II 1 I I o Christian OelkeandApril Oelke ,~uyNMUOn,DlnctoroIA.,,, memtl;T•.I•tlon Ntl Ec-Ofncio CeunN Clerk foWUhlnaton Coumy, 14335 SW 125th Avenue Onaon, do hentN <.mN tnat tm whnln imtrument Tigard, OR 97224 +nnna n. nul.a u e r.co as In1 Im. Book of ncortl. of ckla counN}Ip.nsos. ',1. ' 1 ,N"yR M•n•en, Dlnctar .c•••ment •ntl TU•GOn, r./~ Ea.Offlclo County Cl.rk Until a change is requested all tax statements shall be sent to the following address: v Christian Oelke and April Oelke 14335 SW 125r° Avenue Tigard, OR 97224 WASHINGTON COUNTY PEAL PROPERTY TPANSF R 1AX J 5519 -pO ~ FEf PAID DATE STATUTORY WARRANTY DEED Jason Shaffer and Pia Santelices, as tenants by the entirety, Grantor, conveys and warrants to Christian Oelke and April Oelke, Husband and Wife, Grantee, the following described real property free of encumbrances, except as specifically set forth herein situated in Washington County, Oregon, to wit: Ap See Exhibit A attached hereto and made a part hereof. 4V1: This property is free from encumbrances, EXCEPT: See Exhibit B Attached hereto and made a part hereof. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $519,000.00. (Here comply with the requirements of ORS 93.030) Dated this I oq y of September 2004. Ja n Shaffe Pia Santelic s ~ • STATE OF OREGON '1 ss County of ~ I}`,^_~t)t v`r;,l„Jl On this i Iuay of Septilb 2004, before me, the undersigned, personally appeared the within named Jason Shaffer known to me to be the identical individual who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. OFFIGIAL,SEAL Notary Public regon CHERIE R GORSUCH My commission NOTARY PUBLIC-OREGON MY COMMiSS COMMISSION NO. ON EXPIRES JULY 1, 2007 I Exhibit A BEGINNING at a point on the East line of Section 9, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, 610.95 feet South from the Northeast comer of said section; running thence West 660 feet; thence South 322.5 feet; thence East 660 feet to the East line of said section; thence North along said section line 322.5 feet to the place of beginning. EXCEPT the North 140 feet thereof. TOGETHER WITH an easement for ingress and egress as established by Deed to William P. Swope, recorded August 2, 1911 in Book 92, Page 497 and by Deed to Henry T. Tanimura, recorded August 10, 1911 in Book 92, Page 522, Washington County, Oregon. IIIIIIIIIIIIII IIIIIIIIIIIII 2004-106393 Exhibit "B" 2004-2005 taxes, a lien not yet payable. The herein described premises are within the boundaries of and subject to the statutory powers, including the power of assessment, of Clean Water Services. Easement, including the terms and provisions thereof: For Ingress and egress Recorded August 10, 1911 Book 92 Page 522 Affects The East 20 feet Easement, including the terms and provisions thereof For Ingress and egress Recorded September 29, 1954 Book 361 Page 46 Affects The East 20 feet Easement, including the terms and provisions thereof: For Ingress and egress Recorded July 20, 1965 Book 561 Page 126 Affects The East 20 feet Easement, including the terms and provisions thereof: For Underground pipeline Granted to Tigard Water District Recorded February 2, 1967 Book 629 Page 220 Affects The East 20 feet Proposal and Proposed Use In accordance with Chapter 18.370, the homeowners are applying for a variance from the current 30-foot side yard setback on the Southern boundary of the property. The homeowners are requesting a variance to permit a 5-foot side yard setback to allow for the preservation of a 100 year-old English walnut tree and two fruit producing pear trees. The property in question is zoned R7 and consists of approximately 2.76 acres (182 feet in width and 660 feet in length). The property is comprised of approximately 609'0 old growth fir and forest canopy cover that has a significant slope forming a ravine in the middle with a small creek that flows year round and the remaining 40% is open space that slopes toward the forest. The property is accessed by a single lane private drive ("Drive") on the eastern boundary of the property, with the open space abutting the Drive. The current dwelling on the property is an approximate 2,000 square foot single-level ranch home that was initially constructed in the 1940s and received further modification in the 1990s. The front of the dwelling is located approximately 40 feet off of the Drive. The English walnut tree and the pear trees are located to the North of the dwelling, with the walnut tree located approximately 60 feet off of the Drive and the pear trees approximately 40 feet off of the Drive. The walnut tree is plainly visible from the Drive and is aesthetically beautiful and eye catching due to its magnificent stature and appearance (the homeowners have received many positive comments about the appearance of the walnut tree from neighbors and visitors to the property). The exceptional size and age of the walnut tree is unique, not readily seen in the community and could not be replaced. The homeowners and their four young children enjoy climbing and swinging on the walnut tree, and harvesting the walnuts and jumping in the piles of leaves each fall. Peter Torres, a certified arborist from Multnomah Tree Experts inspected the Walnut tree, provided a written health and tree protection plan ("Tree Plan") (a copy of which is attached) and advised that the tree is healthy and sound. The Tree Plan provides additional support and recommendation for the proper preservation of the walnut tree during any construction activities and also addresses the plan of removal of a White spruce and the likely removal of a Sato cherry on the southern boundary of the property. The homeowners' preference is to preserve the Sato cherry, but they recognize that may not be feasible. The Tree Plan, in accordance with Chapter 18.790.030.B.2.d, provides that no mitigation is necessary for the removal of either the White spruce or the Sato cherry because those trees represent far less than 25% of all trees larger than 12" in diameter at breast height on the property. Although no mitigation is required for the removal of such spruce or cherry trees, the homeowners intend to plant not less than 10 three to four inch evergreen trees along the northern boundary of the property. The homeowners are currently in the process of designing a new home to replace the existing dwelling and are seeking the variance to the side yard setback on the Southern side of the property to preserve the Walnut tree and the pear trees. The Southern portion of the property is defined by a wall of mature arbor vitae, sequoia and other evergreen trees that are in excess of 30-40 feet in height. The visual impact to the neighbor on the Southern portion of the property would be negligible, due to the mature evergreens that flank the boundary between the two properties and the current position of such neighbor's residence. In addition, the homeowner's current and proposed use of the property as a single-family residence is consistent with an R1 zoning designation as the height of the new residence will not exceed 1 stories or 25 feet as required by R1 zoning. The protective side yard density setback restrictions afforded to the neighbor on the Southern portion of the property by the R7 zoning designation is not needed in this situation. If desired and permitted, the homeowners would be happy to plant further vegetation to provide additional buffer and screening. The homeowners are in the advanced stages of a new home program for the property with an architect, which as mentioned above, will not exceed 1 % stories or 25 feet as required by R1 zoning. In addition, the initial desire for the residence includes a three-bay garage, which is consistent with many new homes for families of similar size, as the homeowners reasonably anticipate its need in the future. However, after some preliminary discussions of the program, it became readily apparent that a three- bay garage would not be feasible if they wished to preserve the walnut and pear trees. The homeowners revised the program to provide for a two-bay garage rather than a three-bay garage to allow the greatest opportunity to preserve and maintain the walnut and pear trees while still improving the property in a manner consistent with the homeowner's family residential living needs. The homeowners and their four young children enjoy and utilize the open space behind their current dwelling all year. They use the open space for their dahlia and vegetable gardens, family sporting activities (including soccer, baseball, football, Frisbee, croquet and bocce ball) and observing and enjoying nature and wildlife. In fact, in 2005 the homeowners secured the designation of the property as an official Backyard Wildlife Habitat site from the National Wildlife Federation, a copy of which is attached for reference. Positioning the home beyond the canopy of the walnut tree within the current 30-foot side yard setback would significantly diminish and impair the amount of open space behind the dwelling and its current use by the homeowners as the open space begins to slope significantly toward the forested portion of the property. In addition, a majority of the property is sensitive habitat area, with such sensitive habitat area beginning very near the canopy of the walnut tree and continuing to the western boundary of the property. The requested variance would allow greater preservation of the open space toward the sensitive habitat and forested area and would impact the sensitive habitat area to the least degree possible, all of which is supported by the attached site plan. Also, the topography of the property constitutes a special circumstance that is beyond the control of the homeowners that creates further hardship since approximately 60% of the property is essentially undevelopable due to its significant slope and contour. The 30-foot side yard setback in this instance is a significant hardship in that the setback requirement immediately eliminates the homeowners' use of approximately 1/3 of the property for any portion of their dwelling. Also, as mentioned above, extending from the canopy of the walnut tree to the Western boundary of the property is sensitive habitat area, further limiting the area within which the homeowners could develop the property. The homeowners acquired the property with the intent to use the property in a manner consistent with the preservation, retention and protection of the canopies, the trees, the sensitive habitat area and the open space with the desire to improve the residential dwelling for their family needs with the least impact to each of these unique and distinctive aspects of the property. The 5-foot side yard setback variance on the southern portion of the property requested by the homeowners is not self-imposed and is the minimum variance that would achieve this result. i (160.00' SURVEY REF.#1) S 88°11'50" E 159.77' - 0 / ~ r--- arm\. I 1 u \ / o o N W W < . Nr 00 I ~ N :K 0 X, 4" 10 Ltia7+ I I \ 1 1. lc~ I r • 0.00' I i (160.00 SURVEY REF #1) Cu'' S M,j 1'50" E 159.77' 1 \ W 6~i4 78' (ti6000' DEED) ) 1 ) i~ ~ I o 1 ~ ~r Iit- / ~ 01 ) 13 M- 9 1 3'(2'56"W 6611-M .6D 660.00' DEED) 14335 SW 125th Ave. 1/13/2010 Tree Plan for 14335 SW 125"' Ave. This Tree Plan pertains to the Oetke property at 14335 SW 125`h Ave., Tigard, Oregon. The property will not be divided but a variance application has been made along with a building permit for new construction. As directed by Chapter 18.790 of the City of Tigard Municipal Code, the health, removal, protection, and mitigation of trees is addressed. The City Planner for this project (Hap Watkins) is only requiring an inventory of the trees that will be affected by construction activity. There are eight trees that are close to the proposed disturbance area, where "tree" means a standing woody plant, or group of such, having a trunk that is 6 inches in diameter at breast height (DBH) or larger. These are described in the attached Tree Table and shown on the site plan, made by others. Number tags are attached to each tree. The following species are present: Common pear (Pyrus communis) English walnut (Juglans regia) Sato cherry (Prunus sp.) Silver birch (Betula pendula) White spruce (Picea glauca) The owner proposes to remove only two trees at this time, No. 102 and No. 103. These are marked on the Site Plan with X's. They shall be marked in the field and verified by the owner before any clearing and grading begin. The two trees represent far less than 25% of all trees larger than 12 inches DBH on the property. According to Chapter 18.790.030.B.2.d., no mitigation is required. If any trees are illegally removed prior to or during construction, a violation of the City's Development Code will result. The applicant acknowledges that the development code provides for the following penalties if the trees on site are damaged or removed: "Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: A. Replacement of unlawfully damaged or removed trees in accordance with Section 18.790.060 (D) of the Tigard Development Code; and B. Payment of a additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current international Society of Arboriculture's Guide for Plant Appraisal." Multnomah Tree Experts, Ltd. Page 1 of 5 14335 SW 125°i Ave. 1/13/2010 Tree Preservation Six trees described in the Tree Table will be preserved and fenced off at the edge of the root protection zone, or RPZ, to protect them from damage. The final size and shape of individual RPZs will be based on root habit and other site factors. Final fence locations can be determined by the project arborist in the field. The radii in the Tree Table should be used initially and indicated on the site plan. Tree 106 is an English walnut tree and its preservation is the reason for the variance request. The trunk forks into multiple leaders at about 3 ft. above ground. The main crotch is sound and no decay or other problems were noticed during a visual tree assessment from the ground (VTA). A modified 16-ft. RPZ will be adequate to protect this tree. It will be reduced to 14 ft. on the south side to allow for the foundation footing for the exterior wall line of the proposed house. This will be limited to a chord being cut off the RPZ circle. The crown will be reduced to the south as well to accommodate the aboveground construction. Selected branches will be trimmed off and the work shall be done or supervised by an ISA certified arborist. The RPZ for trees 104 and 105 will be opened to allow the installation of two posts, a trellis and a patio. This work shall be done manually or with equipment stationed outside the RPZ. Details for this work shall be drawn and planned with a discussion between the designer and the project arborist or another qualified arborist. Silver birch trees are under great pressure in our region by an destructive insect named bronze birch borer. Birch trees with stress are more susceptible than healthy trees. If requested, the general contractor and the project arborist will meet at the site before work begins to mark the tree protection fence locations. All tree protection fencing shall be installed before construction starts and kept in place until construction is complete. When the tree protection fencing is installed, the owner must request inspection and approval by the City Forester before any additional work is performed. Tree protection fencing should be 6-ft. high metal mesh, attached to steel posts on concrete blocks. Alternatively, posts can be 8-ft. high metal posts driven at least 18 inches into the ground. Once installed and approved, tree protection fences may not be opened or removed unless directed by a qualified arborist. "Qualified arborist" can include the project arborist, City Forester, or any ISA Certified Arborist or ASCA Registered Consulting Arborist who is familiar with this tree protection plan. Root protection zones may be entered only for tasks like surveying, measuring, and sampling without supervision by a qualified arborist. Upon completion of these tasks, the Multnomah Tree Experts, Ltd. Page 2 of 5 14335 SW 125'" Ave. 1/13/2010 fence must be closed. Without written authorization, none of the following will occur within the root protection zones: 1. New buildings; 2. Grade change or cut and fill, during or after construction; 3. New impervious surfaces; 4. Utility trench alignments; 5. Drainage field placement; 5. Staging or storage of materials and equipment during construction; 6. Vehicle maneuvering areas during construction. Conclusion This document satisfies the Tree Plan Requirement (Chapter 18.790.030) for the City of Tigard. It delineates the trees on the site, the exemptions, the trees being removed, and those being protected. Protection measures are described for trees being preserved. No tree can be removed without consent of the landowner. The goal of this Tree Preservation Plan is to protect trees according to the City of Tigard Development Code, and to observe all laws, rules, and regulations. It is the client's responsibility to implement this Tree Protection Plan fully, and to monitor the construction process. We recommend a preconstruction meeting with the owner, contractors, and the project arborist. Given reasonable notice, a qualified arborist from Multnomah Tree Experts, Ltd. will be available throughout the construction process to help with tree- related problems. Deviations from this Tree Plan can result in tree damage, violations of the City code, and civil penalties. Multnomah Tree Experts, Ltd. Page 3 of 5 14335 SW 125`" Ave. 1/13/2010 Assumptions and Limiting Conditions Multnomah Tree Experts, Ltd. 8325 SW 42'd Ave. Portland, OR 97219 Voice (503) 452-8160 Fax (503) 452-2921 peter@multnomahtree.com 1. Any legal description provided to the consultant is assumed to be correct. Titles and ownerships to property are assumed to be good and marketable. No responsibility is assumed for legal matters. 2. Care has been taken to obtain all information from reliable sources. All data have been verified insofar as feasible; however, the consultant can neither guarantee nor be responsible for the accuracy of information provided by others. 3. The consultant shall not be required to give testimony or attend court by reason of this report unless subsequent contractual arrangements are made, including additional fees. 4. This report and any values expressed herein represent the opinion of the consultant, and the consultant's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. 5. Sketches, drawings and photographs in this report are intended as visual aids and may not be to scale. The reproduction of information generated by other consultants is for coordination and ease of reference. Inclusion of such information does not constitute a representation by the consulting arborist, or by Multnomah Tree Experts, Ltd., as to the sufficiency or accuracy of the information. 6. Unless expressed otherwise, information in this report covers only items that were examined, and reflects the condition of those items at the time of inspection. The inspection is limited to visual examination of accessible items without laboratory analysis, dissection, excavation, probing, or coring, unless otherwise stated. 7. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future. 8. This report is the completed work product. Any additional work, including production of a site plan, addenda and revisions, construction of tree protection measures, tree work, or inspection of tree protection measures, for example, must be contracted separately. Multnomah Tree Experts, Ltd. Page 4 of 5 14335 SW 125`' Ave. 1/13/2010 9. Loss or alteration of any part of the report invalidates the entire report. Ownership of any documents produced passes to the Client only when all fees have been paid. Peter Torres, Master of Forestry CCB# 154349 ASCA RCA No. 372 ISA Board Certified Master Arborist PN 0650-B Multnomah Tree Experts, Ltd. Page 5 of 5 14335 SW 125th Ave. Tree Table 1/13/2010 No. S ecies 'DBH Remarks Action RPZ 101 s ruce 29 Forks at 15 ft. reserve 16 102 cherr 17 If this is retained, use a 10 ft. RPZ remove 10 103 spruce 19 Remove for construction. remove 0 104 birch 10 Modified RPZ see narrative reserve 10 105 birch 10 Modified RPZ see narrative) reserve 10 106 walnut 24 Multiple leaders from 3 ft. Modified RPZ. reserve 16 107 ear 9 Some decay but viable. reserve 8 108 ear 8 Some decay but viable. reserve 8 RPZ means Root Protection Zone, a circle around the tree measured in ft. of radius Tree 102 will be retained if feasible. DBH means diameter at standard height, measured in inches. i Field work on 12/31/09 by Peter Torres, PN-0650B Multnomah Tree Experts, Ltd. NATIONAL WILDLIFE FEDERATION www.nwf.org September 6, 2005 Mrs. April Oelke 14335 SW 125th Avenue Tigard, OR 97224 Dear Mrs. Oelke, Congratulations! It gives me great pleasure to send you the enclosed Certificate of Achievement, which confirms that your yard or garden is now an official National Wildlife Federation® Backyard Wildlife HabitatTM site. You now join a prestigious group ofNWF members who have been recognized for protecting and nurturing wildlife in their own backyards. As one of the benefits of certifying your wildlife habitat site, you will begin receiving a free subscription to our quarterly newsletter, Habitats. Each issue is filled with backyard wildlife information, habitat tips, projects, participant profiles, program news and more. Keep an eye on your mailbox as your first issue should be arriving shortly. You are also now eligible to post a Backyard Wildlife Habitat yard sign. Our weatherproof sign is made from recycled material and is a great way to show your friends and neighbors of your commitment to the wildlife in your neighborhood. An order form and return envelope are enclosed for your convenience. In addition to the yard sign, you can inform other residents of your certification by authorizing National Wildlife Federation to send a press release on your behalf. Simply, provide the names and addresses of your local newspapers on the enclosed press release form and return it with your sign order form in the return envelope. Hopefully, others in your community will be inspired by your story and apply for certification, too! Please accept my congratulations again for a job well done. We hope you enjoy your newly certified backyard for many years to come. Sincerely, David Mizejewski, Manager Backyard Wildlife Habitat Program 07 " p Made from 100%, post consumer pulp produced in a chlorine 11100 Wildlife Center Drive o Reston, VA 20190-5362 o Tel: (703) 4138-6000 free pulping and bleaching process. i • REV BACKYARD WILDLIFE HABITAT. NATIONAL WILDLIFE FEDERATION - - • e4x The Oefke Family This Certificate recognizes the establishment and maintenance of Backyard Wildlife HabitatT"' site No. 56286 This habitat is certified in the National Wildlife Federation's worldwide network of mini-refuges where, because of the owner's conscientious planning, landscaping and sustainable gardening, wildlife may find quality habitat- food, water, cover, and places to raise their young. NATIONAL / WILDLIFE FEDERATION David Mizejewski, www.nwf.orgBackyard Wildlife Habitat Program Manager