VAR2003-00005
EXHIBIT
NOTICE OF TYPE I DECISION
VARIANCE-(VAR) 2003-00005
CITY OF TIGARD
MARSHALL SIDE YARD SETBACK ADJUSTMENT Community(Devetopment
ShapingA Better Communi
120 DAYS = 5128/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: MARSHALL SIDE YARD SETBACK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2003-00005
PROPOSAL: The proposal is to reduce the required side yard setback from 5 feet to 4
feet on the eastern side of the lot to accommodate the footprint of the
proposed home.
APPLICANT/
OWNER: Marshall Building & Development Co.
P.O. Box 91551
Portland, OR 97291-0551
LOCATION: The property is located at 13758 SW Alpine View; WCTM 2S1096A, Tax
Lot 8700.
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 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 VAR2003-00005- MARSHALL SIDE 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 History:
The subject site is part of the Daffodil Hill Subdivision. No other land-use cases are
associated with this parcel.
Site Information and Proposal Description:
The proposal is to reduce the required side yard setback from 5 feet to 4 feet on the eastern
side of the lot to accommodate the footprint 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 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. eastern side yard. setback from 5 feet to 4
feet. The "desired effect" is to provide additional space in the form of a "nook" in the bonus
room of the proposed home. The requested adjustment is the least required to achieve the
desired effect and has minimal impact to the adjacent lot.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are associated with this request. Therefore, this criterion does not apply.
The adjustment will not impede adequate emergency access to the site.
The request is for a side yard setback adjustment. The front of the home will remain
unchanged. Therefore, emergency access to the site will not be impeded.
NOTICE OF TYPE I DECISION VAR2003-00005- MARSHALL SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
There are no other alternatives that would 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 FEBRUARY 04, 2003,
AND BECOMES EFFECTIVE ON FEBRUARY 05, 2003.
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.
February 4, 2003
PREPA D athew c eidegger DATE
Assistant Planner
February 4, 2003
APPROVED BY: Richard Be sdorff DATE
Planning Manager
NOTICE OF TYPE I DECISION VAR2003-00005- MARSHALL SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
EXHIBIT
Marshall Building & Development Co. VAR2003-00005
PO Box 91551 MARSHALL SIDE YARD SETBACK
Portland, OR 97291-0551 ADJUSTMENT
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDeveCapment
Sgapingfl BetterCommurtity
I, Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdmimi trative SpeciaCut for
the City of TWar~4Nashington County, Oregon and that I served the following:
(Check Appiopiate Box(s) Below)
MX NOTICE OF DECISION FOR: VAR2003-00005/MARSHALL SIDE YARD SETBACK ADJUSTMENT
o AMENDED NOTICE (File NoJName Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit'W, 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 FebruarV4,2003, and deposited in the United States Mail on FebruarV4,2003, postage prepaid.
(Perso at Pr d tike)
77
SZA`E OF OREGON
County of Washington )ss.
City of Ward
Subscribed and sworn/affirmed before me on the day of, 2003.
OFFICIAL SEAL
DIANE M JELDERK8
NOTARY PUBLIC-OREGON
NOTARY PUBLIC OF 0
MY COMM~SSIAONSEXP RES SEPT807, 2003
Nly Commission Exp s: Z' v
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION I
Property Address/Location(s): ~•o~ 11 ~1~1/
tgtp FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): t S,y
25/a 0314- 27 00
Site Size: 5150 Case No.: V p`~ ~0 3 oo 0,4-5
Applicant*: oo V o,U- 10. Co Other Case No.(s):
Address: 3D. 2200 3_ o 0 3 d
City/State: 1 A .?a o Zip: 1_ 1 Receipt No.: 7
Primary Contact: Pt L~cXr- SCAR a Application Accepted By: _
Phone: Stv-5 7U0_' 4571 Fax: !$D2, -M . • 355°1
Date: ~ 0 3
Propert y Owner/Deed Holder(s)"': (Attach list if more than one)
hp&e*}AtW_ Date Determined To Be Complete:
Address:%6cw. R11M Phone:. 5c)"'Lot 1-LSrc
City/State: pa xo0AA ,-yA. 2 t9
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant IC7
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. 7/12102 i:lcurplntmasterstrevised\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):
➢DevelopmentAdjustment-FrontYard,InteriorSetbacksandLotCoverage REQUIRED SUBMITTAL ELEMENTS
>Special Adiustments:
♦ 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 ❑ Application Form
♦ Parking Ad ustments -Reduction in Minimum Parking for Transit Improvements/Existing Dev.
♦ Setback Adjustments Setbacks to Reduce Tree Removal ❑ 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)
P
lease state the Cason for the Adjustment request: ❑ Site/Plot Plan (reduced 8%"x 11")
/L.0 sfim~ltok -Id
Sl ~~aQ.10 S~ ~T ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
❑ Filing Fee $205.00
1 •
_ ~u.u F4M=JR numtZ) rHUt lac
R+
daK: (-plot bh- complete, you will' need td'subrilt ALL of the REQUIRELI SUBMITTAL ELEMENTS as
'
o'ri I rAi1t t,tfils application In the Requlredtubmittat Elements box. -
Suq i':Raqutrement Information shoots can be obtained, upon request, for all types of Land Use Applications.)
1 `Li ),SHALL CERTIFY THAT:
-does ast violate a deed restfg119116 that be ittachad to or IM12oulld o the
lhe'', tailgO ls•granted, the applicant will exercise the rights granted in. accordance with the terms and subject to
II the fJJ.Wno end limitations of the approval,
l'nf:t '•sabQv'stst9tements and, the statements In the plot -plan, attachments, and exhibits transmitted herewith, are
o; `1Me; ppllcants so acknowledge that•any permit issued, based on this application, may be revoked it it is
uriq' ysu'ch statements are false, s ;
`114
he:eht;ftati read the entire contents of the application, including the policies and criteria, and understands the
gUlr '114-Aor approving or denying the application.
SIGNATURES of each-ownerof the'subject property.
bA TE_ this day of , 201Z21-- +~5,;
j I td t,
Aft dAgent Signature Owner's Signature
Lit
r,, 1I
2
Too 411 VeT ITT eO0OP±TJ•%O esse-etz( q) 'mul aeu5isep.•~~~ Iwyws ),p I "led
h ,
CITY OF TIGARD 1/24/2003
13125 SW Hall Blvd. 1:17:15PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200300000000000307
Date: 01/24/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00005 [LANDUS] ADMIN VARIANCE 100-0000-438000 205.00
Line Item Total: $205.00
Payments:
• Method Payer User ID Acct./Check Approval No. How Received Amount Paid
Check PATRICK SCHMITT DESIGNER KTP 3682 In Person 205.00
INC
Payment Total: $205.00
N N
PATRICK SCHMITT, DESIGNER INC. _ 3682
PH. 503-768-4573
5126 SW MARIGOLD ST. 96-605/1232
PORTLAND, OR 97219 b 12 DATE
z
PAY TO THE ORDER OF CJ~1T_Q~i $ Ins
CENTENNIAL S BANK
PACIFIC CORPORATE CENTER OFFICE 502-963.9Do6
6610 SW CARDINAL W, TIGARD, OR 97326
FORpAfI-4WE, f 3 ILS Aff PJ;S 3,r
O HARLAND 2000
R^
paaF,1r: D
Lot 13
Daffodil Hill
Tigard, Oregon
Adjustment Type I Application
to the
City of Tigard
Prepared by:
PATRICK SCBMITT, designer Inc.
5126 S.W. Marigold Street
Portland, Oregon 97219
For
Goodlet/Marshall Building & Dev. Co.
P.O. Box 91551
Portland, Oregon 97291-0551
January 24, 2003
Lot 13
Daffodil Hill
Application Package Contents
• Applicant & Consultants
• Completed and signed Adjustment Application form
• Copy of Deed
• Written statement
• Proposed building plans, including:
■ Site plan
■ Front Elevation
■ Main Level Floor plan
■ Upper Level Floor plan
Lot 13
Daffodil Hill
Applicant & Consultants
Applicant: Goodlet/Marshall Bldg. & Dev. Co.
PO Box 91551
Portland, Oregon 97291-0551
503-297-1881
Contact person: Mike Goodlet
Designer: Patrick Schmitt, designer Inc.
5126 S.W. Marigold Street
Portland, Oregon 97219
503-768-4573
Contact person: Patrick Schmitt
Geotechnical Consultant: Geotechnical Resources Inc. (GRI)
9725 SW Beaverton Hillsdale Hwy.
Portland, Oregon 97005-3364
503-641-3478
Contact person: Dwight Hardin
Structural Engineer: John W. Parkin
Consulting Civil & Struc. Eng.
500 Washington Street
Vancouver, WA. 98660
360-694-8378
Contact person: John Parkin
Property Description: Lot 13, Daffodil Hill
Site Size: 5,950 Sq. Ft.
Zoning: R7
Existing Use of Property: Vacant
Proposed Use of Property: New Single Family Residence
i
° vdli'N rrw rue= Paosowt AePnEeeNTnnve s 0690 paNmva w cwwdw, STATE OF OREGON t
County of WaehltWon. J
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ark
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PgUjtnci,,, Rect: 279646 827.00
eeW"gV*oad When tt..\\nd pt UN \tMNKrtN to laurM. Add-IV): 05/29/2001 DE1:42:558ID
~aJliC_eli, IJ)Q~(e WASHINGTON COUNTY 2oDf.048BS/
By
PERSONAL REPRESENTATVE'S DEED
THJS INDENTURE dated . by and
tknwecll P?tUIIiVE I• 1V~$.
the duly appnintcd, quulified and acting personut ruproentadvc of file estate of __M-A.LA_. ZL.I1)SIK___.___-_________________
deceased, hereinafter called the tirst party.
at>,! J.., -HALL -
itercin:drer call;tl the Aeeond party; wrmass ..,n-i:
For vah.r reevived and the cAmNidentitm hen•iuatler swied. Iltu first party Alts gnntxl, attained, sold and ennveycd, and by
these prescata ,Ides grant, bmgain, sell and cromey unto the st:t:ond party and :u:cond patty's heirs, ntccersora and assigns all the
estate, right aco interest of the eat to 9f the deceased, wht•:her acquired by operation of the law or otherwise, in that certain real prop-
any situated In :ho County of __?15!?znton-.__. State of Oregon, described as follows, to-wit:
See attached legal description....
. WA.91iiNGT0N MUM
REAL PRCPERTY TRANSFER TAX
!q ri,
At . OQ 61
FEE PAID GATE
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(.F SPACE a'IS:.FI.f. rlrT, CONTINUE O(FSORIPTAN ON M'gRn) I
T'O H,VVE AND TO HOLD the same unto the second party, and second party's heirs, successors-in-interest atad assigns
forever.
'the Irt+t: and actual consideration paid for this Itsasfer, stated in terms of dollars, is 3 800 ~OOJ a',f3j1Q6Qr.% IF, Ira,
w IN WITNESS WHEREOF, the first party hams eexcetiittted this instnment; if first patty it a corporation, it hits lvaaed its frame
to he signal ;mil its srtl, if any, affixed by an officer Or other peraou duly authorized to do so by orda jroard of directors.
THIS INSTRUMENT WILL NOT ALLOW USE OF TY.E PROPERTY DESCRIBED IN Pauline J . Jkrv
THS NSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REG-
ULATIONS.BEFOFESIGNI.VGORACCEPTING THIS VATRUMENT.7HEPERSON
A000IRING FEE "TLE TO THE PROPERTY SHOULD CHECK WITH THE APPit3-
PRIA7E CITY OR COUNTY PLANNOtGOEPARTMEYTTO VERIFY APPROVED USES ;
ANDTODETERMINE4NYLIM:TSONLAWSUITS AGAINST FA,AMINGDAFOREST
PR4CTICcS AS D%` NE) IN ORS 30.930. Penuttal Rcpr++t ututivc
STATE OF OREGON, County of t~ashin~ton ~ C3,
Thle instrument wm ;acknowledged Actor.: me on ._.i_................
by •---Pauline .J. llavis
This instrument was acknowledged before me un
by
as
of
!
7'YI__...17~~/Ju
o"-FIGAL SEAL Notary Public for Orcgon~
Af MC DOLIGALL My cotntnission expires NOTARY PW_IC•OREGOI.
'.;:CaatvrSSION NO V6Y)d
Y4 A RM ..1p
Order No: 22523?
Im"L DESCRIPTION
R tract of land situated in the Northwest ne-quarter of Section 9,
Township 2 South, Range 1 West, of the N12:a;,1ettQ Meridian, in the
County of Washington and State of Oregon, iid be-'n3 more
particularly described as follows:
i
Beginning at the Northwest corner of Lot lt'.. pla: of Three
Mountains Estates; thence along the West ifte of said Plat North
00101120" West, 13.55 feet to the Soutt:east cc:-ner of the parcel
described in Deed retarded as Fee No. 9209:•?65: thence South
06017109" west 375.09 feet along the South :ine of said parcel to
the Southwest corner of Tract C, Hillshire ;ummit No. 2; thence
South 00001'4e" East along the Bast bcundar of Hilishire Summit
No, 2 to the center of SW Sul: Mountain Ror:) tCcun:y Road No. 147
1/2); thence Easterly along the center line of said road to tre
Southwest corner of Parcel 1 as described i:,.Harranty Deed recorded
as Fee No. 89-30271; thence Nor:h along the Wes: line of said
Parcel 1 and Lot 10, Three Mountains E:stato%, to :r,e trae point of
beginning.
TOGETHER WITH the :allowing described prope -y-.
Tract C, Hillshire Summit No. 2, Washington Ccur.ty,.Oregon.
EXCEPTING THEREFROM that portion as described in Ced'_caticn Deed
recorded on June 20, 2995, as Fee No. 95042',1;7 .
SURTHER EXCEPTING THEREFROM that portion ly'nq within S:4 Bull
Mountain Road (County Road No. 247 1/2)
Lot 11, Daffodil Hill - AdJAent Application
1/24/2003
Page 1
Adjustment Application Written statement
Project Location: Lot 13, "Daffodil Hill"
13758 S.W. Alpine View
Tigard, OR 97224
City of Tigard
Summary of Adjustment request(s):
1. This application is for an adjustment to reduce the required eastern side yard
setback by 20%. In the proposed plan, we are considering the rear yard to be
the southern most portion of the site, which abuts lot 16 and the eastern side
yard to be that area which abuts lot 12. The current required side yard setback
is 5'-0", the 20% reduction would reduce this to 4'-0".
Overview of site and existing conditions:
• The site fronts onto SW Alpine View and is surrounded on both sides and the rear
by existing single-family home sites. Currently, all lots directly adjacent to this
site are vacant. The site is relatively flat with a gentle roll down hill from west to
east.
Applicant's Response to Approval Criteria (A through D) of section 18.370.020
(adjustments) item B(2).
Section 18.370.020 Adjustments - 2(B) Approval Criteria. A development adjustment
shall be granted if there is a demonstration of compliance with all of the applicable
standards:
a) A demonstration that the adjustment requested is the least required
to achieve the desired effect;
b) The adjustment will result in a preservation of trees, if trees are
present in the development area; -
c) The adjustment will not impede adequate emergency access to the
site;
d) There is not a reasonable alternative to the adjustment, which
achieves the desired effect
Lot 11, Daffodil Hill - Adjoent Application •
1/24/2003
Page 2
Response to approval criteria A through D
a) This proposal meets criteria A because:
• While the proposed nook bay could be eliminated and the
remaining space inside the house could function as a nook, the
applicant feels that the addition of the nook wall extensions serves
two purposes. First, it provides additional space to the nook area
making. this area more functional as well as esthetically pleasing
while inside. The addition of the angled walls and windows also
helps to provide better visibility to the rest of the rear, and side
yards and thus a more positive & secure connection from indoors
to out. Secondly, the addition of the bay provides an additional
architectural amenity to the rear facade of the house.
• The applicant also feels that the addition of the small bay, being
minimal in size, is no more intrusive into the rear or side yards
than a fireplace chimney, which is permitted. Thus, the impact to
the adjacent properties is negligible.
b) This proposal meets criteria B because:
• There are no existing trees on site.
C) This proposal meets criteria C because:
• There are no foreseen impediments to emergency access to the site
as a result of this adjustment.
d) This proposal meets criteria D because:
• To the best of the applicant's knowledge there are no alternatives
to the proposed adjusted setback that would better suit the
intended purpose.
O
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O -SEE CASE No. VAM9M-00011
..T FINAL AP ROYAL
o..d ~,.,....4M« .o.., . o
BY DATE® `V' _ 2
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