VAR2002-00018
EXHMITA
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2002-00018
CITY OF TIGARD
IRONWOOD HOMES FRONT AND REAR YARD Community
Development
SETBACK ADJUSTMENT Shaping A Better
Community
120 DAYS = 9/20/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: IRONWOOD HOMES FRONT & REAR YARD SETBACK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2002-00018
PROPOSAL: The applicant is requesting a 20% adjustment to the front and rear yard
setbacks to reflect 12 feet each. The request is being made to provide
flexibility for the small building footprint.
APPLICANT/
OWNER: Ironwood Homes, Inc.
PO Box 981
Sherwood, OR 97140
LOCATION: The property is located at 13020 SW Wilmington Lane; WCTM 2S109AB,
Tax Lot 08900.
ZONING AND
COMPREHENSIVE
PLAN
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.
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.
NOTICE OF TYPE I DECISION VAR2002-00018 -IRONWOOD HOMES FRONT & REAR YARD 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 site is located within the Raven Ridge Subdivision. The proposal is to reduce the front
and rear yard setback from 15 feet to 12 feet in order to allow flexibility in the design of the
proposed home.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENTS:
Section 18.370.020.B.2.a provides that up to a 20% reduction of the dimensional
standards for the rear yard setbacks and up to a 25% reduction for the front yard
setbacks required in the base zone may be approved as a Type I Development
Adjustment. Section 18.370.020.B.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 reduction to the front and rear yard setback from 15 feet to 12
feet. The "desired effect" is to maximize the potential house plans for the subject site.
Therefore, by allowing the front and rear yard setback adjustment, the applicant achieves the
desired effect.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees associated with the subject parcel. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site.
The request is for a front and rear yard setback adjustment, which will not impede emergency
access to the site. The proposed access to the site will not be effected. The front and rear
yard would be 12 feet, this would not restrict emergency access any less than the regular 5-
foot side yard setback.
NOTICE OF TYPE I DECISION VAR2002-00018 -IRONWOOD HOMES FRONT & REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the adjustment, which Achieves the desired
effect.
The "desired effect" is to achieve flexibility in the design of the proposed home to fit the
already constrained lot size (4,947 square feet). The subject site is a corner lot, which also
limits the type of home that can be placed on the lot due to garage configuration and
available outdoor space. Approval of the front and rear yard adjustment will be the least
impact to the site to achieve the desired effect.
FINDING: Based on the analysis above, staff finds that the development adjustment
criteria are satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A side yard setback 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 JUNE 03, 2002,
AND BECOMES EFFECTIVE ON JUNE 04, 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.
June 3, 2002
PRE A D athew c eidegger DATE
Assistant Planner
June 3. 2002
APPROVED BY: Richard ewersdorff DATE
Planning Manager
NOTICE OF TYPE I DECISION VAR2002-00018 -IRONWOOD HOMES FRONT & REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
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13125 SW Hall Blvd
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B I 1 E T (503) 639-4171
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Community Development Plot date: May 28, 2002; C:UmagicWIAGIC03.APR
. • ~/A-2 boo a- pool ~
2S109AB-08900 •
RAVEN RIDGE DEVELOPMENT LLC
PO BOX 5930
SALEM, OR 97304
IRONWOOD HOMES, INC.
PO BOX 981
SHERWOOD, OR 97140
AFFIDAVIT OF MAILING CITY OFTIGARD
Community /Development
SGapingfl Better Community
I, Patricia L. Lunsford,, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City ofTWar Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑X NOTICE OF DECISION FOR: VAR2002-00018/IRONWOOD HOMES FRONT & REAR YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exbibit"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 Exbibit'B", and by reference made a part
hereof, on June 3, 2002, and deposited in the United States Mail on lone 3, 2002, postage prepaid.
~~i2Jufi r
(Person th repave Notice)
STAqrE OF OREGON
County of Washington )ss.
City of rgard
Subscribed and sworn/affirmed before me on the day of, 2002.
y C FFICI IlL i
DIANE IN LD
L
NOTARY pVe . ERKS
MY COMCOMMISSIO LIC-ORE
l MISSION EXP1 . SEp e07, 2003
MY Commission DO
: 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): 674- Riga Q ( e-,
2 D :5W ~
y FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 2~,
VNUCOR
Site Size: 59 vPt- Case No.:
Applicant*: 111 Other Case No.(s):
Address:
City/State: H d MZi{r~ S Receipt No.: t>?
Primary Contact: Application Accepted By:
Phone: h 503-?3?-T5_3115_ Date:
Property Owner/Deed H der(s)*: (Attach list if more than-one) ► /
Zr-A- wrx~ 7:;6 c o Date Deter(nined To Be Complete:
Address: 60- Phone: I'V3
City/State: qQ. Zip:/yam
Comp Plan/Zon~Desi~nation:
" 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 i:\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 - Existing/New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length 0 Application Form
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev.
Setback Adjustments - Setbacks to Reduce Tree Removal 9/ Owner's Signature/Written Authorization
♦ Wireless Communication Facility Adjustments - Distance From Another Tower Title Transfer Instrument or Deed
♦ Washington Square Reg. Center Density Adjustments
B/ Site/Plot Plan (6 copies)
Please state the reason for the Adjustment request: /Site/Plot Plan (reduced 81/2"x 11
C 2
r.P~, S 1 12-' Applicant's Statement
r-Lo (Addressing Criteria Wider•Section 18.370.020)
aMQ
"qua-4- ` ~on~Qr, 4 ' `r D Filing Fee $100.00
P Y r` `~~~12 5lnnot l l IJ vim' { w5_
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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 aecbrdance 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, aftachments, and:e'xhibits transmitted herewith, are
true; and the applicants so acknowledge that an '
any permit issued;-'ba'sed 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 Ot , 2Cj Z_
- lk-
wS g ature Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200200000000001865
Date: 05/22/2002
T 1 0 E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2002-00018 ADJUSTMENT 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check IRONWOOD HOMES INC DCP 4781 0 $100.00
TOTAL AMOUNT PAID: $100.00
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MEMO
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MAY-21-02406 FROM-FIDELITY NATIONAL TITLE CO +~TA U T-022 P.02/02 F-970
RECORDING REQUESTED BY
FIDELITY NATIONAL TITLE COMPANY OF OREGON
GRANTOR'S NAME
Raven Ridge, LLC
GRANTEE'S NAME
Ironwood Rome Inc
SEND TAX STATEMENTS TO:
Iroilwand Hnmec Tn
PO BOX aRt
Rharwnod _QR_ 71Gn
AFTER RECORDING RETURN TO:
Sasar~as abevo--
STATUTORY WARRANTY DEED
an Oregon Limited Liability CO.
Raven Ridge LLC, Grantor, conveys and warrants to Ironwood Homes Inc, an oregon Corporation
/Development
, Grantee, the following described real property, free and clear of encumbrances except
as specifically set forth below, situated in the County of Washington, State of Oregon,
Lot Raven Ridge, City of Tigard, Washington County, Oregon
Subject to and excepting:
2001.2002 taxes, a lien not yet payable. Restrictive Covenant recorded 7.29.92 #92052336. Conditions, restrictions,
easements recorded 10-2-961196107018 and those as shown on recorded plat. Easements as shown on recorded plat.
Covenants, conditions and restrictions recorded 4-23.01 82001035701
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 AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $79,900.00 (See ORS 93.030)
DATED: July 4, 2001 J 4..---
Don Grimm, Member
OFFICIAL SEAL
oEBIFOX BALL
NOTARY PUBIC-OREGON
COMMISSION N0.319220
MY COMf,:ISS10N EXPIRES JAN 18.2009
STATE OF OREGON
COUNTY OF Clackamas
This instrument was acknowie a b.ef re me on
by d p.
by Don Grimm
as Member
of Raven Ridge, LLC. Or ad L lk4Aabi ity CO.
NOTARY PUBLIC FO EGON
MY COMMISSION EXPIRES: 1.18-03
FORD-313 1Rev 2/961 STATUTORY WARRANTY DEED