VAR2002-00015
EXR
NOTICE OF TYPE I DECISION
VARIANCE .(VAR) 2002-00015. ,
CITY OF TIGARD,
ERICKSON HEIGHTS `CORNER SIDE YARD Community(Development
Shaping A Better Communi
SETBACK ADJUSTMENT "LOT 14"
120 DAYS = 8/9/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: ERICKSON HEIGHTS CORNER SIDE YARD SETBACK ADJUSTMENT "LOT 14"
CASE NO: Adjustment (VAR) VAR2002-00015
PROPOSAL: The applicant has requested an adjustment to the comer side yard setback
to reduce the setback for lot 14 from 20 feet to 15 feet.
APPLICANT/
OWNER: Renaissance Custom Homes
1672 SW Willamette Falls Drive
West Linn, OR 97068
LOCATION: 10506 SW Naeve Street; WCTM 2S11ODA, Tax Lot 05300.
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential District.
ZONING
DESIGNATION: R-3.5 (PD).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.350 and 18.390.
SECTION II. DECISION
Notice is hereby given'that the City of, Tigard Community Development Director's designee has
DENIED,the above request: The findings and conclusions on -which the decision is based are
noted in Section IV.
THIS DECISION IS FINAL AT THE, LOCAL LEVEL
NOTICE OF TYPE I DECISION VAR2002-00015 - "LOT 14" ERICKSON HEIGHTS PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject property is located on the_ corner of SW Naeve Street and SW Hoodview Drive.
The proposal is to reduce the corner side yard setback from 20 feet to 15 feet in order to
accommodate the proposed home. The site is located within the Erickson Heights
Subdivision and is within an approved Planned Development.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
18.350 Planned Developments
The Tigard Planning Commission reviews planned Developments within all zoning districts.
Tigard Development Code (TDC) Section 18.350.040 states that, "Noncompliance with an
approved detailed development plan shall be a violation of the Planned Development Chapter."
FINDING: Erickson Heights is a Planned Development.
FINDING: Lot 14 of Erickson Heights is a perimeter lot.
FINDING: The applicant underwent concurrent overlay zoning and subdivision review. At
that time, the applicant specifically requested the following setbacks on page 6 of
the application for perimeter lots:
Front yard 20 feet
Side yard 5 feet
Corner Lot/Street Setback 20 feet
Rear yard 15 feet
Garage 20 feet
FINDING: In the Final order from the Tigard City Council (Resolution NO. 99-24), the
Council's approval states, "...The lots are large enough and of sufficient
dimension to support the conclusion that perimeter lots can meet the required
setbacks" Pg. 13.
18.370 Variances and Adjustments
Section 18.370.020(B) outlines the review criteria for development adjustments.
Front and interior yard setback adjustments apply to setbacks within the base zone subject to
demonstration with compliance of all applicable standards.
FINDING: An adjustment of this nature is applied to setbacks within the base zone. This
particular lot has an overlay zone that establishes setbacks separate from those in
the base zone.
NOTICE OF TYPE I DECISION VAR2002-00015 -"LOT 14" ERICKSON HEIGHTS PAGE 2 OF 3
18.390 Decision Making Procedures
Adjustments to. setbacks are reviewed by a Type I procedure as governed by this section, of
the Tigard Development Code. Type I procedures apply to ministerial permits and actions
containing clear and objective approval criteria.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
An 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 ON APRIL 25, 2002
AND. BECOMES EFFECTIVE ON APRIL 26, 2002.
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.
Aril 25, 2002
P7TET5ARED BY: Brad I y A
Associate Planner
• f
Aril 25, 2002
APPROVED BY: Richard Be a sdo DATE
Planning Manager
NOTICE OF TYPE I DECISION VAR2002-00015 -"LOT 14" ERICKSON HEIGHTS PAGE 3 OF 3
L~J CE - .
CITY of m ®m GEOG RARNIC INFORMATION BVeTE4
VICINITY MAP
= 8 VAR2002-00015
El
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m DELMONTE DR CORNER SIDE YARD
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ON N L 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
(503) 639-4171
„G TERR httpJtwww.cl.tigard.or.us
Plot date: Apr 25, 2002; CAmagicMGIC03.APR
Community Development
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• SCALE DRAWING LOT 14, ERICKSON HEIGHTS
S.E. 1/4 SEC. 10, T.2S., R.1W., W.M.
CITY OF TIGARD
--A 2.5 FOOT LANDSCAPE EASEMENT WASHINGTON COUNTY, OREGON
I4
SHALL EXIST ALONG ALL STREET FRONTAGE.
--A 7-5 FOOT PUBLIC UTILITY EASEMENT - JANUARY 24,2002 Centerline Concepts Inc-
--A EXIST ALONG THE LANDSCAPE EASEMENT DRAWN BY: MPW CHECKED BY: WGDIII
SCALE 1°=20' ACCOUNT 115 EMAIL CCIEM.41L®AOL.COM
640 82nd Drive Gladstone, Oregon 97027
M:\MU\L14ERICK 503 650-0188 fax 503 650-0189
2S110DA-05300
ERICKSON HEIGHTS LLC
1672 SW WILLAMETTE FALLS DR
WEST LINN, OR 97068
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDeveCopment
Shapiq l Better Community
I, (Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City of Tigar4 Washington County, Oregon and that I served the following:
(Check AWOv Ue BOX(s) eebw) '
❑x NOTICE OF DECISION FOR: VAR2002-00015/ERICKSON HEIGHTS CORNER SIDE 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 25, 2002, and deposited in the Onited States Mail on April 25, 2002, postage- prepaid.
~4
(Person at Prep ed Notic
r
STAgE OAF' OREGON )
County of'Was(hington ) ss.
City of Tigard )
Subscribed and sworn/affirmed before me on theJ 5 day of , 2002.
OFFICIAL SEAL
DIANE M JELDERKS
1 NOTARY PUBLIC-OREGON My Commission Wires: 578
.326
COMMISSIO PIFlES SEPT 07, 2003
IP,
MY COMMISSION EX
ADJUSTMENT
TYPE I APPLICATION
.t
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
L
GENERAL INFORMATION
Property Address/Location(s): I ®Sm Sl✓ .ffaeVe SS
L°t- f4 E~tl~swt dlt~c~ts FOR STAFF USE ONLY
Tax Map & Tax Lot #(s):
ZS 1 - do, - OS3 me
Site Size: 0-re.10W. 8pmo rl At Case No.:
Applicant*: Rev~a; n to Gw M ~.~.e Other Case No.(s): V1
Address: I671 5w i✓,llcwrtte Fa/f 0~-, ve Receipt No.: t ~~o
City/State: we,~` G,..~ ate- Zip: q ~m ~S
Primary Contact: Application Accepted By:
Phone: CS 7 - g OvO Fax: 6s'9 160/ 1 1
Date: 1. i
Property Owner/Deed Holder(s)*: (Attach list if more than one) 1
-014%e Date Determined To Be Complete:
Address: Phone:
City/State:. Zip:
r - - - Comp Plan/Zone Designation:
* Wh, I1 ple, the applicant
must I Q i T~ ~r ssion with written
autho 1111 J _ ;r. The owner(s) CIT Area:
must the back of this
form t ~1 • ° ' ' V Recording Date and Number:
` tlon.
PROF Pe,AckcSSa~~
Rev. 11/1/01 is\curpin\masters\revised\adjustment-1.doc
The l wed +it[e4 permission for an
Admll ivision(s) of the
Comrrl lly):
LDeveloi REQUIRED SUBMITTAL ELEMENTS
Y cj
V. L4[12,(OZ-
♦ ~,e11 ~ ~r 1 ✓ Application Elements Submitted:
♦ F ~O\ <A Application Form
♦ F C &,wc-w avements/Existing Dev.
♦ S`ern7rV^n'i17i ctmnnfc_.Rnth~c4c. _ T_~~
fri.Rnrinra TfawRamnval Owner's Signature/Written Authorization
I (Z Tower
W` ; 03'7 " V. i C ❑ -iritle Transfer Instrument or Deed
9k%7, Site/Plot Plan (6 copies)
Please
Site/Plot Plan (reduced 81/,"x 11
® Applicant's Statement
~Cft~S~ I (Addressing. Criteria-Under Section 18.370.020)
ilinFee $100.00
I
I z oz ~ .55
1
F PPLICANTS:
onsider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
sccribed 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 .4 Ad 20 OZ
i
Ow Signature Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200200000000001306
T I D E M R K Date: 04/11/2002
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No.
Amount Due
VAR2002-00015 100-0000-438000
$100.00
Payments:
Method Payer Bank No Acct Check No Confine No. Amount Paid
Check RENAISSANCE CUSTOM HOMES, LLC 0 012323 0
$100.00
TOTAL AMOUNT PAID: $100.00
24-22 . 0.1,2.3 2 3
RENAISSANCE CUSTOM HOMES, LLC ~2S~1km 1230
1672 Willamette Falls Drive ~~0°$~
Mrs West Linn Oregon 97068
503.557.8000
Pay: One hundred dollars-arid. no, cents
DATE CHECK NO: , AMOUNT
April 9, 2002 12323 $***'***-**100.00
PAY City of Tigard
TO THE 8777 SW. Burnham St.
ORDER P.O. BOX 230000
OF Tigard, OR 97281-1999
Submittal for City of Tigard
Type I Application
Proposal Summary
Renaissance Custom Homes proposes to use the following setbacks: Front 20'
Rear 15' '
Side 5'
Corner 18'
Current setback restrictions dictate a 20' corner setback. Development Adjustments allow 20-25%
reductions. The proposed reduction is a minor reduction of only 10%.
Two factors weigh heavily on the placement of this home.
1. In January, Brant and Lorraine Berry contracted with Renaissance for the construction and purchase
of a home on this site. A blueprint was selected and a preliminary site plan developed. At that time, the City
of Tigard was issuing permits for the Erickson Heights PUD which had 15' corner setbacks. Neither the
present nor future property owners thought the above stated setbacks would be a problem.
Prior to submittal for a building permit, the buyers withdrew their intent to purchase. Mr. Berry was laid off
from Fred Mayer Inc. with a hundred others. The buyers could no longer afford the home, Renaissance
shelved the plans.
Last month Sandy, from the Planning Department, called Renaissance with news of a new interpretation
regarding corner lot setbacks. She explained that the previously issued permits had been done in error.
Perimeter lots could no longer be at 15% they require 20'.
The Berry's have returned to financial stability and again would like to purchase this house. While the
Berry's dream home would have been approved in January; now it will not be without this minor variance.
No other reasonable alternative exists to place this home on this site.
2. The alternative is fronting the home on SW Hoodview instead of SW Naeve. Renaissance can
provide the requested 20' corner setback if the home faces SW Hoodview. However, a large number of other
problems will arise.
It is estimated the rear yard setback would.only be 3' (15' is required). This would be a setback decrease of
80%.
Insufficient space would exist in the rear yard to shed ground water away from the dwelling.
Slope on Lot 14 Erickson Heights runs North to South. Carlson's Testing reports this lot to be native soil of
good compaction. The geotechs estimate between 1 and T of loose soil will need to be removed for footing
placement. The majority of the site is of moderate slope. The southern portion is severely sloped. Excessive
digging in the slope would unnecessarily disturb the native soil, requiring considerable expense to then retain
and control.
The number of concrete retaining walls incorporated into the walls of the home would substantially increase.
Increasing; the cost to the buyer, review and inspection time for the City, and building time required by the
builder.
Orientation this way would most likely require using window wells to meet egress, light, and venting
requirements.
The proposed setbacks are a minor and reasonable request to provide the best home, streetscape, and
neighborhood. Other alternatives are more drastic and result in an inferior home, streetscape, and
neighborhood. The Visual Clearance Triangle shall remain unobstructed. City. and Emergency access to the
site will be unaffected. For all these reasons, this variance is the best solution with the least impact on
everyone involved.
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CITY OF TIGARD
--A 2.5 FOOT LANDSCAPE EASEMENT WASHINGTON COUNTY, OREGON
SHALL EXIST ALONG ALL STREET FRONTAGE.
--A 7.5 FOOT PUBLIC UTILITY EASEMENT JANUARY 24, 2002 Centerline Concepts Inc.
SHALL EXIST ALONG THE LANDSCAPE EASEMENT DRAWN BY: MPW CHECKED BY: WGDIII
SCALE 1"=20' ACCOUNT 115 640 82nd Drive Gladstone, Oregon 97027
M: \MLI\L14ERICK 503 650-0188 fox 503 650-0189
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