VAR2002-00014
EXHITIT A
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2002.00014 _
CITY OF TIOARD,
WINGATE FRONT/REAR YARD SETBACK ADJUSTMENT Community Development
Ska in Community _J
120 DAYS = 8/2/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: WINGATE FRONT/REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2002-00014
PROPOSAL: The applicant has requested a 25% adjustment to the front yard setback to
reduce the setback from 20 feet to 15 feet, and a 20% adjustment to the
rear yard setback from 15 feet to 12 feet to accommodate construction.
APPLICANT/
OWNER: Wingate Corporation
Attn: Scott Desbiens
15840 S. Pope Lane
Oregon City, OR 97045
LOCATION: 10009 SW 70th Place; WCTM 1S136AA, Tax.Lot 8200 (Lot 4 of Ventura
Estates).
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5, Low Density Residential.
ZONING
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.
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.
VAR2002-00014 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITIONS OFAPPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Ventura Estates Planned Development (SUB98-00014 and PDR98-00013).
2. The applicant shall revise the site plan to show the location of trees 2400-2403. The
site plan shall show scaled dimensions of the porch and deck in relation to the location
of said trees.
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 property is bordered on all sides by single-family residences. The proposal is to intrude
into the 20-foot front yard setback by 5 feet to accommodate a porch and into the rear yard
by three feet to accommodate construction a deck for a 3,100 square foot home.
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 259/6 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.
Interior setbacks. U.p to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to the front and rear yard setbacks to allow the
placement of the house. The required front yard setback is 20 feet and the rear yard setback
is 15 feet, therefore, a 5-foot reduction and a three-foot reduction of these setbacks may be
allowed provided the following criteria are addressed.
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;
VAR2002-00014 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
The adjustments are being requested to allow portions of the structures, specifically a porch
and a deck to protrude into the front setback and rear setback respectively. According to the
applicant this is the minimum relief needed to allow placement of the home.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
A preservation and mitigation plan has been provided for the Ventura Estates development
there are four (#2400-2403) trees that are to remain that are in close proximity to the
proposed structure. If these trees are adversely affected by this adjustment the rear yard
setback may not be adjusted. This criterion is not met.
FINDING: There are four trees that appear to be within close proximity to this proposal
that have been identified as trees that are to be preserved under the application
for Planned Development Review.
CONDITION: The applicant shall revise the site plan to show the location of-trees 2400-2403.
The site plan shall show scaled dimensions of the porch and deck in relation to
the location of said trees.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings. .
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the size of the home, and the slopes of the lots, there are no other reasonable
alternatives to the placement or orientation of the home that would achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
o~ t ce was mailed to the applicant and owners.
Final Decision:
setback A Tjustment 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 ON APRIL 4, 2002
AND BECOMES EFFECTIVE ON APRIL 5, 2002.
Questions:
I 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.
April 4. 2002
APPROVED BY: Brad Kilby DATE
Associate Planner
VAR2002-00014 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
RBARA GEOGRAPHIC INFORMATION'SVSTEM
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Cfl 13125 SW Hall Blvd
Tigard, OR 97223 -
(503) 639.4171
_ http1tw .ci.ligard.or.us
Community Development Plot date: Apr 4, 2002; C:\magic\MAGIC03.APR
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WINGATE CORPORATION.
15840 S. HOPE LANE
OREGON CITY, OREGON 97045
503.657-3300
H COMPASS ENGINEERING LOT 4, NENTURA ESTATES°
ENGINEERING SURVEYING PLANNING CITY OF TIGARD
6661 M UKE ROAD (605) 665-9099 PHONE WASHINGTON COUNTY, OREGON
g MRWAME, OREGON 9= (503] M549M FAX
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VAR2002-00014
1 S 136AA-08200
WINGATE CORPORATION
15840 S POPE LN
OREGON CITY, OR 97045
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
ShapiitgA Better Community
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City ofTWard, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
0 NOTICE OF DECISION FOR: VAR2002-00014 WINGATE. FRONT/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 April 4, 2002, and deposited in the United States Mail on April 4, 2002, postage prepaid.
I
(Person t repared Notic )
SVTE OF OUGOW
County of Washington ) ss.
City of rgard
Subscribed and sworn/affirmed before me on the day of , 2002.
OFFICIAL SEAL
r, } DIANE M JELDERKS
' NOTARY PUBLIC-OREGON
COMMISSION NO. 326578
MY COMMISSION EXPIRES SEPT. 07, 2003
My Commission Expires
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX. (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): 100pq '&W FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): / 3(e A-^ - 0%9 Zc~ ` /In ,
Site Size: Case No.: _ - YET` Ldr:I 2 - 00
Applicant*:~! hl~IkT-C-. God Other Case No.(s):
Address: 11 !:S CC 4 0 S : Y®P'V1- L-4*1 C-
City/State: Oj ggAer4 C t-r-j 0 R- Zip: ci --o-1 S Receipt No.: aW~ ~~/7y
Primary Contact: S L Application Accepted By:
Phone: So3-C~g~--3~ad Fax: J`o3-(,5-46y
Date: yZ ~ L
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Arc. t~4~0V V-- Date Determined To Be Complete:
Address: Phone:
City/State: Zip:
Comp Plan/Zone Designation:
* 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) CIT Area:
must sign this application in the space provided on the back of this Recording Date and Number:
form or submit a written authorization with this application.
PROPOSAL SUMMARY Rev. 11/1/01 is\curpln\masters\revised\adjustment-1.doc
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
)-Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS
)-Special Adjustments:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density ✓ Application Elements Submitted:
♦ Landscaping Adjustments - ExistingfNew Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length Application Form
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal Ej, Owner's Signature/Written Authorization
♦ Wireless Communication Facility Adjustments - Distance From Another Tower Title Transfer Instrument or Deed
♦ Washington Square Reg. Center Density Adjustments
~ Site/Plot Plan (6 copies)
Please state the reason for the Adjustment request: 1Lt Site/Plot Plan (reduced 8'/:"x 11
12>c~c .S n,.~ u A rPA nIT- • n j
Applicant's Statement
p Zs l ZC) I. T-D S-~ (Addressing Criteria Under Section 18.370.020)
lCC -~L4- t r4(-2,, t eJ m
Filing Fee $100.00
1
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 property.
♦ 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 20 o-L
ner' Si at re Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200200000000001174
Date: 04/02/2002
T I D E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2002-00013 [LANDUS] ADJUSTMENT 100-0000-438000 $100.00
VAR2002-00014 [LANDUS) ADJUSTMENT 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
CreditCard SCOTT DESBIENS 096331 $200.00
TOTAL AMOUNT PAID: $200.00
Sent By: WINGATE CUSTOM HOMES; 503 657 4646; Apr-3-02 4:06PM; Page 2/2 COPY9
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TRUST DEED
,,,.s .,~-i5,1~.': r. '•z L F,~ S'1'A1T? OF OREGON,
tta' County of } ss.
' `1.. 1 certify that the within instrument
TION-------------------- - 'was received for 'record on the day
------~Ei40- g=--POpe_Lane----------- of 79-----, at
____Oregon___Citxj_-Oregon 97045- o'clock M.. and recorded in
w.n mrti lam. eaa A040
Ashwood_ Homes_ c/o Gile Downer SPA(=Agge;WUO book/reel/voluine No- on page
811 $W Naito parkway suite Sb6 - FOR and/or as fee/file/inatru-
RECOftDER•aUSE
PortlanOregon 7371 T------------ mont/mfierofilm/reception No. Record of of said County.
Dea.eoluT'e tfemae end Addr..e
After feeardkp, velum to t►tea... Address, Zip), Witness my hand and seal of County
SII],.~at__Ander$on Downes _Aronson 6 _pi trier PC affixed.
P►tLni__Gl~ _P_ownes----------------------
8x1 _Sf2Llth~gst_ Naito_ arkway_Y500
NA"G T1111.11.
L+ortlandt- Oregon - 97204------- Sy Deputy.
.7'HIS TRUST DEED, made this. 4
th - - day o! lX May 2001 ....rfil-re..rf., between
Lenr„=a,__S.LG;..Wingatt3_-Curlier.ation~..Znc_:._(.W1sTgaLe).---arum,..3i8tt~y...J.....1]eehiena.._(1 cLr.Ky_)..........
as Grantor, .
_.....--...C{ti~ago__Ti><7 a-.Siiaucance--Gatnpauy...o£..Qregon
, as trustee, and-
Asluaoad_.aio=m aa...Xnc. as BeneficialYr
W I TNESSETFI.-
Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in
,.V1Qa11;,Algi.QM County, Oregon, described eta:
Lot 9, SARA GROVE, and Lots 1 through 14 and Lots 16, 17, 18, 19,
20, 21, and 22, together with undivided Interests in Tracts A and B,
VENTURA ESTATES, in the Clty of Tigard, County of Washington and
State of Oregon
together with all and singular the tenemanes, horedifamentm word eppurecnvrrces and all other nigh a thereunto belonging or In anywise now
or hereafter appertalning, and the rents. Issues and profits thereof and All fitturas now or hereafter aetaehod to or used in connection with
Oho Property.
FOR T1I6 PURPOSE OF SECURINQ PERFORMANCE of each agreement of grantor herein contained and payment of Cis
agar........W...p.zomlas.o.ry..•.not.e...r4a C.e.d.._March..- 1...,.,~C2SJ 1.... nd---Bfl.[.44X6---- t o..Aim.0A.U.&O ry
~eltre,-..•Iely-i..t...
eaot,r A- #Z,-# P-11... -i „r ly JnOS?ar e...r • • 1. s~
POP4 to h- opus a id -AeYaBIo^- fl...-.......
The date of mafUlffy of the debt secured by this inatrunment is the date, stated above, on which the final install;nellf of the mote
heooriies due Blvd payable.
To protect the security of this trust deed, grantor agrees:
1. To. protect, preserve and maintain the property in good condition and repair; not to remove or 'demolish any building or Im-
provamenf thereon; not to commit or permit ally Waste of the properly.
2_ To complete or restoro promptly and in good and habitable cgndition any building or improvement which raay be constructed,
damaged or destroyed thereon, and par wlen dole all costa incurred therefAr.
3. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions afleeeing the proporty: if the beneliciary
so requests, to join In executing such financing atatemenla parsaant to the Uniform Commercial Code as the beneficiary may require and
to pay for filing same In the proper public office or offices, as well as the coat of all lien searches made by filing oeficern or searching
agencies as may be deemed desirable by the beneficiary.: r
4. To provide and continuously maintain insurance on the birildir(gs now or hereafter erected on the property against loss or
damage by fire and such other hazards as the beneficiary may front time to time require, in an amount not Ives than s
wrltt.n in eorrrpanioe a otmble to time beneficiary, with loss payable to the !after: all policies of insurance shall be delivered to the bene-
ficiary as soon as Insured: if the grantor shall fa11-tnr any Yeamnn to procure any such Insurance and to d.lirar the policies to the beneficiary
at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on the buildings, the berlelloiary rrfay pro-
cure the same at grenfor's expense. The ansouni collected under any fire or cellar insurance policy may be applied by benellolary upon
any, iridebtodneep saourod hereby and In such order as boneliclary may determine, or at option of benetielary the entire amount so collected,
or any part thereof, may be released to grantor. Such applicatinn or raloase shall not care w waive any default or notice of default here-
under or invalidate any act doll. pursuant to such notice.
S. To keep the property free from construction liens and to pay all Cases, assessclmentm and other charges that nay be levied or
assessed upocl w aga;rfet the property before stay part of such tares, asmoolinrente and other alrardes baoomo pose due or delinquent and
promptly deliver receipts therefor to beneficiary. should the grantor fail to make payment of any Cases, aa•easmente, insurance Premiums.
lions or other charges payable by grantor, either by direct payment or by providind benetlofary with funds with whiolr to make each par-
client, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate set forth In the note
secured hereby, together with the oWrdations dsacTibed in Palag/ephe 6 and 7 of this trust dead, shall be added to and become a part of
Cho debt secured by this trust deed, swilhout waiver of any rights ar10104F Irefn breech of any of file covenants hereof and for Paull payments,
with interest as aloreaald, the property hereinbefore described, as well as the grantor. shall be bound•to the name extent that they are
bound far the payment of the obligation herein descrlbed. and all. much paynm.nts aliall be lri.niedlately du. and payablo wlihout notice.
and the 1;Z.pmont thereof shall, at the option of the beneficiary, render all suma secured by this frost deed imrnedlately due and pay-
able and comileute a broach of this trust deed.
6. To pay all coats, fees and expenses of this trust including the coat of tiffa search as well as fire Other costs and expenses of the
trustee Incurred in connection with or In onfurcing likes obllgallon and trustee's and aftorrior'■ tow actually incurred.
9. To appear In and defend any action or proceeding purporling to affect the security righfa or powers of beneficiary air trustee:
and in any suit, action or proceeding in which the beneficiary or trustee may appear, including any suit for the, foreclosure of flife deed
or any mule or action related to this instrument, IflChrdlnd but not limited to its validity and/or,enforcambilify;"to pay all comes and ex-
pauses, including evidence of title and the bereliciary's or trunfels attorney fees; the anlOtint of attorney tees mentioned in this para-
graph 9 In ah cases shall he fixed by the trial court and In aha event oI an appeal fro" any judgnibimt or decree of the trial mart, drantor
further adrwa to pay such sum at the appellare court shall adiudge reasonable me the benalielary'a or trustee's attorney lees on such appeal.
It la rnutuelor agreed that:
a. In Cho event that any portion or all of the property shell be Laken under the ridhe u1 omincint domain or condemnation, bans-
lic+ary shall have the right, if it mo stools, to rvrluire that all or any portinn of the monies payable an compenaatfon for such taking,
NOTE, the Trust Deed Act provldes shat the trusts* hereunder most be sHher an attorney, who Is no active member of she Oregon Stage bar, a bank,
trust compefvy or sovir(gs cad even as.odattom fsethoff.e4 to do be.ln... under the low, of Oregon or she Unlsed Stales, a Hife Insurance company aullfo-
rl.vd se Insur& gtNe to ream property of this etch, II. subsldtarlos, affiliates, agents or branches. the Unified Stases or any aaenry theroof, or an ..crow
agent licensed under 008 696.505 to 696.903.
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L. 5' 49.99' 7,727 SO. FT.
89.99'
LOT 3
WINGATE CORPORATION
15840 S. HOPE LANE
OREGON CITY, OREGON 97045
503-657-3300
N COMPASS ENGINEERING LOT 4, "VENTURA ESTATES"
ENGINEERING SURVEYING PLANNING CITY OF TIGARD
w" &E uum RM M PHONE WASHINGTON COUNTY, OREGON
s 9nMAME; OREGON 97222 (503) 6SU34M FAX