VAR2001-00014
EXHIBIT A
NOTICE OF TYPE I DECISION' -
SETBACK ADJUSTMENT (VAR),2001-00014
RAVEN RIDGE (LOT 19) C'-nOFTIGARD,
Community
Development
REAR YARD SETBACK ADJUSTMENT Shaping
A Better
Community
120 DAYS = 11/15/01
SECTION I. APPLICATION SUMMARY
FILE NAME: RAVEN RIDGE (LOT 19) REAR YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2001-00014
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the minimum rear yard setback by 13.3%.
APPLICANT: Bethany Group Construction, Inc. OWNER: Same as Applicant
4888 NW Bethany Blvd.
Suite K5, #163
Portland, OR 97229
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATION: 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: 13050 SW Wilmington Lane; WCTM 2S109AB, Tax Lot 9000.
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. The findings and conclusions on
which the decision is based are noted in Section IV of this decision.
NOTICE OF TYPE I DECISION VAR2001-00014/RAVENS RIDGE (Lot 19) REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site History:
A search of City records shows this parcel to be lot 19 of the Raven Ridge Subdivision
(SUB1999-00006). No other land use records were found for this parcel.
Vicinity and Site Information:
The property is located on the southeast corner of SW Wilmington Lane and SW 132"d
Terrace, with frontage off of 132nd Terrace. There are no sensitive lands on this site.
Proposal Description:
The applicant has requested approval for a Development Adjustment to reduce the
minimum rear yard setback by 13.3%. This request is necessary due to the location of an
existing fire hydrant at the northwest corner of the parcel. Applicant must place home at an
angle to allow ease of garage entry off of 132nd Terrace. This is the only way applicant can
position home on lot.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL. STANDARDS:
Section 18.370.020.113.1.1b provides that up to a 20% reduction of the dimensional
standards for the rear yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.13.2, Approval Criteria, provides
that a development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested a 13.3% reduction. This would reduce the rear yard setback
from 15 feet to 13 feet. The "desired effect" is to allow the proposed floor plan on this
particular lot. In order to accomplish the desired effect, the rear corner of the house will
need to extend 2 feet into the rear yard setback. The adjustment would cause the least
impact. This standard has been met.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are impacted by the proposal. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site; and
The adjustment will affect the rear yard setback only. Emergency access from the street
fronting the property will not be affected. Therefore, this criterion is satisfied.
NOTICE OF TYPE I DECISION VAR2001-00014/RAVENS RIDGE (Lot 19) REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3
•
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
The adjustment will have no impact on the applicant's property except by reducing the rear
yard by 2 feet. The desired effect cannot be achieved by building in any other direction due
to the shape of the lot, the home, and the current placement of existing fire hydrant.
Therefore, staff finds the adjustment to be the most reasonable alternative.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A rear yard setback adjustment is a Type I procedure. As such, the Director's decision is
final on the date it is mailed or otherwise provided to the applicant, whichever occurs first.
The Director's decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL AS OF JULY 20,-2001.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE JULY 21, 2001.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
July 20. 2001
PREPARED BY: Kristie Peerman DATE
Current Planning
L : - e-- -Q July 20, 2001
APPROVED BY: Richard Bewe sd DATE
Planning Manag
NOTICE OF TYPE I DECISION VAR2001-00014/RAVENS RIDGE (Lot 19) REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
ma AA -n CITY of TIGARD
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City of Tigard:
Information on this map is for general location ony and
should be verified with the Development Services Division.
13125 SW Han Blvd
Tigard, OR 97223
B I I E T (503) 639-4171
• http*~v.ci.tigard.or.us
Community Development Plot date: Jul 19,2001; CAmagicWIAGIC03.APR
INC- ON,(503) 33, -3713
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2S,09AB-09000IIIT Jp
RAVEN RIDGE DEVELOPMENT LLC
PO BOX 5930
SALEM, OR 97304
Bethany Group Construction, Inc.,
4888 NW Bethany Blvd.
Suite K5, #163
Portland, OR 97229
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
SFwping A Better Community
I, (Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City of 7igar Washington County, Oregon and that I served the following:
(Cnea Appropdate Boa(s) Below)
❑x NOTICE OF DECISION FOR: VAR2001-00014/RAVEN RIDGE (LOT 19) REAR YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File NOJName Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit"A 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 July 20, 2001, and deposited in the United States Mail on July 20, 2001, postage prepaid.
er are Noti )
STA2rE OF OREGON
County o Was >&on . )ss.
City of s and
Subscribed and sworn/affirmed before me on the day of 4 r::,~ , 2001.
OFFICIAL SEAL
DIANE M JELDERKS
' NOTARY PUBLIC-OREGON
MY COMMIS SIGN EXP RES SEPT. 07, 2003 ~Ic OF
My Commission " es:
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX. (503) 684-7297
PRE-APP. HELD WITH: n
DATE OF PRE-APP.:
GENERAL INFORMATION
W (L~ /tv;;-~o.J
Property Address/Location(s): (3056 SW
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 2,S U A - o CU C76
Q Jo(~ ~
Site Size: V ' X
Property Owner/Deed Holder(s)*: A Lj &p~A Case No.(s):
Address: tai A-V Phone ,C;-o~l S Z
Other Case No_(s):
City: T~ Zip: 2
Applicant*: cy- t # 7 Receipt No.: A
Address: Phone: Application Accepted By: Jul. "
City' Zip:
Date: T~ I I `7
6 i
* 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 owner(s) Date Determined To Be Complete:
R
must sign this application in the space provided on the back of this 1 t / i L;
form or submit a written authorization with this application. Comp Plan/Zone Designation: ;
PROPOSAL SUMMARY /
CIT Area:
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Recording Date and Number.
Community Development Code (please circle one only):. 01"
>Development Adjustment $100 Rev. '6120/2000 :i ruriatr,%mosters\adjustmt.mst
>Special Adjustments:
♦ Adjustments to a Subdivision $100
♦ Reduction of Minimum Residential Density $100
♦ Landscaping Adjustments - Existing/New Street Trees $100
♦ Parking Adjustments - Reduction in Stacking Lane Length $100
♦ Wireless Communication Facility Adjustments- Distance From Another Tower $100 REQUIRED SUBMITTAL ELEMENTS
Please state the reason for the Adjustment request:
Application Elements Submitted:
/ ~ 1r~Y~-tf
Application Form
Owner's Signature/Written Authorization
0/ Title Transfer Instrument or Deed
19/Site/Plot Plan (6 copies)
o VApplicant's Site/Plot Plan (reduced 81/2"x 11
CkA ~t,-sf 4o (74p ~ yGl lr~ aim
Statement
V,Qd]N~eC C[W-A-M Jxy-) `1-~) _ /(Addressing Criteria Under Section 18.370.020)
Filing Fee $100.00
. 1
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
propedy.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may 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 denying the application.
SIGNATURES of each owner of the subject property.
11 ~UL ~O,r
DATED this O- A of
Owner's ignat 5e Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200100000000002841
Date: 07/10/2001
T 1 0 E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
MIS2001-00020 isc Fee 100-0000-451000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check BETHANY GROUP CONSTRUCTION INC. 0 428 0 $100.00
TOTAL AMOUNT PAID: $100.00
BETHANY GROUP CONSTRUCTION INC. 428
503-533-9192
4888 NW BETHANY BLVD. K5 #163 28-7174/3251
PORTLAND, OR 97229 DwrE 44
PAVTo'CEEI. ~ o' o...~
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STERLING ANYTIME LINE
SAVINGS BANK R 1.888.678-7800
HQV-d Oft.
1729 NE Sandy B.W-d
Pold/and,OOR 97213 FOR_ mr
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((((((ff OREGQN T aTLE TINSURANCEPCaOMPANY
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After Recording, Return to:
Bethany Group Construction,Inc 11PA 0 4888 NE Bethany Blvd.#K5 163 a~~~~~~o1 V,~D
Portland, OR 97229
Until a change is requested, tax statements
shall be sent to the following address:
Bethany Group Construction,Inc
4888 NE Bethany Blvd.#K5 163
Portland, OR 97229
STATUTORY WARRANTY DEED.
(Corporation/Partnership)
(Above Space Reserved for Recorder's Use)
Raven Ridge Development, LLC
conveys and warrants to
Bethany Group Construction, Inc.
the following described real property in the State of Oregon and County of Washington
free of encumbrances, except as specifically set forth herein:
Lot 19, RAVEN RIDGE, in the City of Tigard, County of, Washington and State of Oregon.
Tax Account Number(s): R485665, R4B5674, R2067015
This property is free of encumbrances, EXCEPT: '
1. Conditions, restrictions and/or setbacks, as shown on the recorded plat of'RAVEN
RIDGE.
1
2. Easements as delineated on the recorded plat,
For Public storm drainage
(Continued)
The true consideration for this conveyance is $79,900.00
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA-
TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU-
MENT, 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 LAW-
SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
c
DATED this 2.~> day of June, 2001.
Raven Ridge Development, LLC
CrL£L
By.
. t [J
Donald Grim
Managing Member
STATE OF Oregon, County of Washington:
This instrument was acknowledged before me on June,26, 2001, by Donald Grim as
Mana ing tuber of aven Ridge Development, LLC, on its behalf.
No y Public for
My commission expires: 1( )'may ,?ti. (YIICIAI-SEAL
JULIE TRAINA
4 NOMflY PUBLIC-0111:GON
COt`IMISSION NO. 338<112
MY COMMISSION EXPIRES NOV. 7, 2004
Order No.: 216960w
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