VAR2001-00020
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
ShapingA Better Community
1, Tatricia L. Lu orQ being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Speciahst for
the City ofTWant Washington County, Oregon and that I served the following:
(Che(* AWMWtate Box(s) Below) .
❑ NOTICE OF DECISION FOR: VAR2001-00020/OSBORNE CORNER SIDE YARD SETBACK ADJUSTMENT
AMENDED NOTICE (File NOJNarne Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked EKhlblt"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 E01hit'13", and by reference made a part
hereof, on November 14, 2001, and deposited in the United States Mail on November 14, 2001, postage prepaid.
r
I
G
(Person at repared N tice)
STA9E OF OREGON
County of Was ington ) ss.
City of Tigard )
Subscribed and sworn/ affirmed before me on the day of , 2001. .
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON I
COMMISSION NO. 326578
MY COMMISSION EXPIRES SEPT. 07, 2003 Jn.
Ill: OF OH)wr
My Commission Fjw b
EXHIBIT A
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2001-00020 ;
;CITY OF TIGARD,
OSBORNE CORNER SIDE YARD SETBACK ADJUSTMENT Community (Development
SheTing A Better Communi
120 DAYS = 3/9/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: OSBORNE CORNER SIDE YARD SETBACK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2001-00020
PROPOSAL: The applicant has requested an adjustment to the comer side yard setback
to reduce the setback for their lot from 15 feet to 12 feet.
APPLICANT/
OWNER: David and Noelle Osborne
8314 SW Birch Street
Portland, OR 97223
LOCATION: The property is located at 6500 SW Walnut Terrace; WCTM 1 S125DA,
03300.
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or without
accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are, also permitted conditionally.
ZONING
DESIGNATION: R-4.5; Low-Density Residential.
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 IV.
NOTICE OF TYPE I DECISION VAR2001-00020 - OSBORNE PROPERTY SETBACK ADJUSTMENT PAGE 1 OF 3
CONDITIONS OF APPROVAL
There are no conditions of approval associated with this decision.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject property is located on the corner of SW Walnut Terrace and SW 65~h Avenue.
The proposal is to reduce the corner side yard setback from 15 feet to 12 feet in order to
accommodate the proposed home. The site is relatively flat and located at the intersection of
two unimproved rights-of-way.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.390 allows the following development
adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this provision.
Not Applicable.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
The applicant has requested an adjustment to the corner side yard setback to accommodate
their. proposed construction plan. The required corner side yard setback is 15 feet. The
request is to allow a 12-foot setback. A. reduction of the 15-foot setback by 3 feet is a 20%
reduction. Therefore, this criterion is met.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
Not Applicable.
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 affect;
The applicant has attended a pre-application conference in which they were originally
seeking a variance to allow for a 10-foot setback. A three-foot adjustment, the amount
requested, is 20% less than the Code's required 15 feet and demonstrates that the applicant
has requested the minimum relief necessary to achieve the desired affect. Therefore, this
criterion has been satisfied.
NOTICE OF TYPE I DECISION VAR2001-00020 - OSBORNE PROPERTY SETBACK ADJUSTMENT PAGE 2 OF 3
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are being removed as a result of this project. Therefore, this standard does not
apply.
The adjustment will not impede adequate emergency access to the site;
There will be adequate emergency access along the sides of the structures, not causing anyy
impediment of emergency vehicles or personnel. Fire, life, and safety will be maintained witF~
this request. The fire code allows 3 feet between buildings, therefore, this standard is met.
There is not a reasonable alternative to the adjustment which achieves the desired
affect.
The applicant and City have discussed this proposal on three different occasions, and have
discussed several alternatives. This proposal is the most reasonable adjustment to achieve
the desired affect. Therefore, this criterion has been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
An adjustment is a Type 'l 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 ON NOVEMBER 14, 2001,
AND BECOMES EFFECTIVE ON NOVEMBER 15, 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.
November 14.2001
PREPARED BY: Brad ilby DATE
Associate Planner
November 14, 2001
APPROVED BY---Richard Bewer o rff DATE
Planning Ma ger
NOTICE OF TYPE I DECISION VAR2001-00020 - OSBORNE PROPERTY SETBACK ADJUSTMENT PAGE 3 OF 3
Q CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
M LL
S.W. aRUCGER VICINITY MAP
z
O
L/O RD VAR2001-00020
O S.W.
FERRY
FF TAYL.ORS . . . .
a OSBORNE CORNER
HE EEE
TgY`~~s S.W. EVELYH a SIDE YARD SETBACK
F~
ADJUSTMENT
SW Ig GSIA m
S.W. WILBARD
s.w. HUBER
WALNUT TERR SITE z
N
m
9
D '
S. L N m S.W. RADaIFF
3
U)
3
S.W. ALFRED
LOLA LN ALFRED ST'
7-E[LjL 6
S.W. LUEE
RADEL A
BAR SARA N
E d,
S~
LN V TURA G~ 0 200 400 600 Feel
R214D
1'= 405 feel
s~ -
SRO
DR
v
co, J City of Tigard
Information on this map is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard. OR 97223
VENTURA (503) 630,4171
VENTU httpJANww.ci.tigard.or.us
Community Development Plot date: Nov 14, 2001; C:\magicWIAGIC03.APR
01 Nov 07 12:07:41 R:\It\LT18KV-8X11.dw TPW
W •
~ ~ 86.20; -
I
1
I I~ I I I
I~ IX
IOU IW I
1 10 :j
I z I 1
Im I I
1 0
1° I I
Im I m I N
I I~ I m I z
I> In I ql
I0 1 I
I I I 1
1 I I I
N I I o6, 9 0. I
oIN i j------___
I
12' 0„ I T
I
I I MAIN FLOOR
I EL.=10Q.0' I
N 1 I
au I I A
1 I I N
O
I °
j I
I
12' 0"
I I I I i I
-
I I I 1
4- CONC.
I DRIVEWAY
( ( (3500 P.S.I.) ( GARAGE w
I I EL.=99.5' I of
o, I I
I I ~
I I ' ( s vs
2-11-1
I I
•o.
I
5'-0"
I V
~ I 1 I N
I .o.. ..-L_.LL O o
>Na
t m :4 I
I E z<a
- - - - D
86.20' fl~
WALNUT TERRACE
11/7/01 TPW S C A L E t 20 0"
ALAN MASCORD DESIGN DES. INC. IS NOT CITY OF TIGARD 22108
IIABIE FOR OR THE THE ACCURACY CY OF F THE TOPOGRAPHY
~ PIFORMATK)N. IT IS THE SOLE RESPONSIBIlTY OF THE KINGS VIEW
BU4DER TO VERIFY All SITE CONDITIONS, INCLUDING 225 ANY FlL PLACED ON THE SITE AND NOTIFY THE LOT t8
OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS.
ALAN MASCORp DESIGN ASSOCIATES. MC. OSBORNE RESIDENCE
1303 Nw +si~ .re. nonner~o on 9+209 (18,533 S0. FT.) BY : J.P. CONSTRUCTION
3031123-2161 c
S, 25DA-03300 EXHIBIT
OSBORNE DAVID H & NOELLE N
8314 SW BIRCH ST
PORTLAND, OR 97223
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:
DATE OF PRE-APP.:
GENERAL INFORMATION /v►~~ ~J,~
Property Address/Location(s): (pS0o Stu
FOR STAFF USE ONLY
Tax M & Tax Lot #(s): / 1
S I S 04033~n
Site Size:
76
dAiid "M p IQ, Case No.(s):~ 2G~~U
Property Owner/Deed Holdef(s)`:
Addres : q 3/~ 6141 lal ~C 5 Phone: S03'7&y'yu'5- Other Case No (s):_
City: riy-4-"iui d _ zip: 9,72-Z3
Applicant": Receipt No:i I - .r
44
Address: l- Phone: D✓ 4? L 5~ Applicatlor :A cepted By, /L-_1
City: r zip= 0 22,4?
Dater o l 3 "
CF' 6
When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written Date Determined To Be CorYiplete
authorization from the.owner or an agent of the owner. The owner(s)
k
N'q
must sign this application in the space provided on the back of this form or submit a written authorization with this application. Comp Plaj /Zone Designation
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an C1T Area:
Administrative Adjustment to the.following provision(s) of the Recording Date and Number`
Community Development Code (please circle one only):
>Development Adjustment $100 ~v Gi20/2000 4,rr,In0~Wst0rs44djua6Tit t
> 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:
Application Form
~
Owner's Signature/Written Authorization
']'Title Transfer Instrument or Deed
Q~ Site/Plot Plan (6 copies)
Site/Plot Plan (reduced 81/2"x 11
R~Applicant's Statement
(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
propeft.
• 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.
DATED this day of
~tX4'
Owner's Sig ure Owner's Sign re
Owner's Signature Owner's Signature
2
Receipt 27200100000000004448
Date: 11/0812001
T 1 D E M Q R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2001-00020 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check NOELLE N OSBORNE 0 2624 $100.00
TOTAL AMOUNT PAID: $100.00
NOELLE N. OSBORNE 2624
8314 S.W. BIRCH STREET
PORTLAND, OR 97223 7 24-7038/3230 OR
Date % 2682
Pay to the
order of /~D -av
oars
BankofAmerica.
West Linn 2682 M
503.275.2222
For w
•
When we pure* lot 18, on SW Walnut terrace (zone *I there was an
existing house on the lot. The house was unlivable. It was infested with rats and was
severely dilapidated. We planed to build a new house on the lot. Although we followed
correct setback criteria when we designed the new house plan, it was later pointed out to
us that the lot is considered a comer lot. Our house plan was designed to fit on a normal
setback lot for zone 4.5. The lot is long and narrow, measuring 86.2 by 115. There is an
adjacent, unimproved street bordering the lot. This is SW 65`h and is governed by
Multnomah county. They consider this street to be a substandard right of way, and will
not vacate the street. It is assumed by Multnomah county and us that this street will most
likely not be developed in our lifetime. A lot adjustment to 12 feet would allow us to fit
our house on the lot as it was meant to be.
We also need to put the driveway in the existing location as it was with the
previous house. The house plan is and "L" shape and the driveway faces SW 65t`. We
understand that there is a 30 feet set back for the driveway because our lot is now
determined a corner lot and this is the intersection location. The only place for the
driveway to be located and still get the cars in to the garage without making a 90 degree
angel into the garage, is to put the driveway in the existing location. We would be willing
to relocate the driveway to a new location, if SW 65th is ever developed. We would move
the driveway to SW 656.
We would have designed our house and driveway differently if it had
explained to us that this is a corner lot, but we understand how the
information could have been overlooked. Being how SW 656, is located in
another county. Please help us. /
Thank you for your time, ( 0 r
David and Noelle Osborne
r
• STOOF OREGON
County of Washington } SS
I, Jerry a T f~ of Assess-
ment and 'o County
Clerk for 3i rtify that
AFTER RECORDING, MAIL TO: andwie eceived
David Osborne county a~ t f said
8314 SW Birch St.
Portland, Oregon 97223 _ « r
UNTIL A CHANGE IS REQUESTED, TAX STATEMENTS irector of
SHALL BE SENT TO THE FOLLOWING ADDRESS: , axation, Ex-
lerk
same as above - - - - Doc 2001032580
Rect: 276525 122.00
04/13/2001 02:47:53pm
- - - - - WASHINGTON COUNTY 2001-032580
CONSERVATOR'S DEED IIIIIIIIIIIIIIIIIilllllilllllllllllllillllllllllllllllllllll
Feurstein, Tiffany & Associates LLC, the duly appointed, qualified
and acting conservator of John Baumiller, a protected person,
pursuant to proceedings filed in Circuit Court for Washington County,
Oregon, Case No. C00-0399 PC, Grantor, conveys to David H. Osborne
and Noelle N. Osborne, husband and wife, Grantee, all the estate,
right and interest of the above named protected person (Grantor) in
and to the following described real property in the State of Oregon,
County of Washington:
V Lot 18, KING'S VIEW., in the City of Tigard, County of
Washington and State of Oregon.
cdi
Tax Account Number(s): R230226
The true consideration for this conveyance is $99,900.00.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
U THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
tp 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.
Dated this 13 day of April, 2001.
WASHINGTON COUNTY
REAL PROPERTY TRANSFER TAX
Feurstein Tiff an As crates LLC, $ 00. °O it-/3--0/
by Margaret Tiffany, as //~,p~9,be/- FEE PAID GATE
of the limited liability company,
as Conservator of John Baumiller,
a Protected Person
STATE OF OREGON,
County of Multnomah, '
Thi i ument wa acknowledged before me on
l ~-OC~1 by Margaret Tiffany, as of
Feur teln, Tiffany & Associates, LLC, on behalf of the imite
liability company, as the duly appointed,. qualified and acting
conservator of John Baumiller, a protected person,-for and on behalf
of said protected person.
My commission expires:
OFFICIAL SEAL
P:B OSENBERGER
TARY PUBLIC - OREGON
MMISSION NO.323301
ISSION EXPIRES MAY 10, ]2003
01 Nov 07 12:07:41 R:\It\LT18KV-8X11 .dw TPW
- W
9 86.20' 19
~s.
,L
I
I IC)
C) I IX I
to I Z 1
65 1 to 10 I I rn
0) I ILn I
Im l m I sf z
L I> I o
in I
I I71 f I 1
I
I I
N i 1 1 s~ s6p I 1
Cn
°o II~_^_-= I I
I I
12'-0" I ~-a ~ - a
I { ! f
MAIN FLOOR (f I
I f EL.=100.0'
I i
1 I
I
moo: 1
I I I
l I 4- CONC. I
DRIVEWAY
L--
(3500 P.S.I.) GARAGE
f f EL.-99.5' O?
I I
rn I l I
I I / ,
I I I
1 ' 5 0 N
1 N N ~.I
!1 [n I 1 I V'- I -
I 11 O
z ~ \ O
>
=a
Z_ I
a_a
E =p9
,9 86.20' ,9s
WALNUT TERRACE
11/7/01 TPW S C A L E 20 ' 0"
ALAN M HE DESIGN ASSOCIATES. INC. IS NOT CITY OF TIGARD 22108
LIABLE FOR OR THE ACCURACY OF THE TOPOGRAPHY
INFORMATION. IT IS THE SOLE RESPONSIBILITY OF THE KINGS VIEW
BULDER TO VERIFY ALL SITE CONDITIONS. INCLUDING LOT 18
ANY FILL PLACED ON THE SITE AND NOTIFY THE
A OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS.
• • OSBORNE RESIDENCE
ALAN YASCORD OESMN ASSOCIATES. wC. 118 J.P. CONSTRUCTION
non - at. AVE. P.-Ill on mxua ,533 S0. FT.) BY J CO
1-223-0161 P amixxa-oov
~~~s
9
`s" ,OZ 98
- - - - - - M - - - - - ~ mss,
1
~ ~T I
I I I
1 I I I
~I ~I 1
I I I '
i
~ I I I
I I I ~
I I I ~
I
I I I
I I I
~ I I I
~ I I i a,
I I I
I I I ~
I I
I II I
I I I
I I I ~
I~ I I
~o ~X I 1
I~ I~ I
~ z ~
Im I~ I
~ I ° I I
Irn I ~ I ~ ~
I~ I ~ , o z
ID I~ I of
n ~
I~
1 I I I
I I I
9~ ~o
~ I I I ~
12, I i _ i I
i
~ i J
i
i
~ o0
i N ' ( I O~
O ~ _ N
O
`9 ~
12
I ~
I I i ~
I I I
i +
I I ~ ~
o = I r-n ~ I w
I I ~~o ~I, ~ ~ I ~ ~
I I v~Dn I ~ ~
~ ~ I I I ~
I I
I I -9~
I I
~ 5'-0'
N I
N N
~ ~ ~ ~ I
~ W
D ~ a z D
~ oz~
~J D D D ~
z~~
I ~OZ'98 z~ m
9~ - - - - ~ - - - `9cP
.s
\~/AI I~I~ 1T TFRRA~~
V Y i S 1- I V I 1 t- 1 l 1 S i
11/7/01 TPW 1 S C A E 1= 8- d"
z:o
ALAN MASCORD DESIGN ASSOCIATES, INC. IS NOT LIABLE FOR THE ACCURACY OF THE TOPOGRAPHY INC. IS NOT OPOGRAPHY
: swr _ INFORMATION. IT IS THE SOLE RESPONSIBILITY OF TI- BILITY OF THE
BUILDER TO VERIFY ALL SITE CONDITIONS, INCLUDIN NS, INCLUDING NOTIFY THE
18 NO V ANY FILL PLACED ON THE SITE AND NOTIFY THE ,I OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS DIFICATIONS,
OSBORNE RESIDENCE ALAN MASCORD DESIGN ASSOCIATES, INC ~e-rGe lnir% _ i.a
1815 ~ON 1305 NW 18th AVE, PORTLAND OR 97209 503/225-9161 FAX 503/225-0933 http;//www.mascord,com
r