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VAR2003-00029 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003-00029 CITY OF TI©ARD WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #1 Community (Development Ska ing A Better Communi 120 DAYS = 9/05/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #1 CASE NO: Adjustment (VAR) VAR2003-00029 PROPOSAL: The applicant has requested an adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet to accommodate construction. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 13795 SW 124th Avenue; WCTM 2S103CC, Tax Lot 06400. ZONING AND COMPREHENSIVE PLAN DESIGNATION: R-4.5: 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. NOTICE OF TYPE I DECISION VAR2003-00029- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #1 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 Whistler's Walk Subdivision. No other land=use cases are associated with this parcel. Site Information and Proposal Description: The applicant has requested an adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet to accommodate construction. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards 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; According to the applicant, the earnest money agreement regarding the sale of the home was entered into by the applicant and homebuyer on the presumption that the front yard setback to the house was the same 15 feet as in other subdivisions. The City has already issued, in error, 26 building permits with a 15-foot front yard setback. Pushing the home back in order to met the required 20-foot setback will decrease the size of the backyards and may cause homebuyers not to proceed with the purchase of the home. 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 front yard setback adjustment. Access to the home will remain unchanged. Therefore, emergency access to the site will not be impeded. NOTICE OF TYPE I DECISION VAR2003-00029-,WHISTLERS FRONT YARD SETBACK ADJUSTMENT #1 PAGE 2 OF 3 There is not a reasonable alternative to the adjustment, which achieves the desired effect. An alternative to granting the adjustment to the front yard setback would be constructing the home further back on the lot. However, the combination of the City already issuing building permits in error and the signing of earnest money agreements by future home owners, the adjustment is the most reasonable solution. Without the adjustment, the applicant may have to void the earnest money agreements which may cause the loss of current sales. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION A front yard setback 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 MAY 13, 2003, AND BECOMES EFFECTIVE ON MAY 14, 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. May 13, 2003 PREPARED BY: Mathew Scheidegger DATE Assistant Planner' May 13, 2003 APPROVED BY: Richard Bewersdorff DATE Planning Manager NOTICE OF TYPE I DECISION VAR2003-00029- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #1 PAGE 3 OF 3 There is not a reasonable alternative to the adjustment, which achieves the desired effect. An alternative to granting the adjustment to the front yard setback would be constructing the home further back on the lot. However, the combination of the City already issuing building permits in error and the signing of earnest money agreements by future home owners, the adjustment is the most reasonable solution. Without the adjustment, the applicant may have to void the earnest money agreements which may cause the loss of current sales. This is an adjustment to an unusual circumstance. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION A front yard setback 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 MAY 13, 2003, AND BECOMES EFFECTIVE ON MAY 14, 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. May 13, 2003 PREPA E ' - -aT e - eldegger DATE Assistant Planner G~ May 13, 2003 APPROVED BY: Richard Vaw6rsdorff DATE Planning Manager NOTICE OF TYPE I DECISION VAR2003-00029- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #1 PAGE 3 OF 3 CITY of TIGARD MARION ST GEOGRAPHIC INFORMATION SYSTEM w FIELD CT VICINITY MAP Q VAR2003-00029 N WHISTLERS WALK FRONT YARD SETBACK c ADJUSTMENT G ~~GOcl W TALON L. WHISTLERS A' ORS FER V ) RD G sm M FE y SITE m q Ed RONRA D I.I.I gF}F BEND RD. DURHAM r RD 1 1. r; Q t Tigard Area Map > N Q R 3~ QO 0 100 200 300 400 Feet ~p r M 1"= 314 feet SW GAARDE ST SW GAARDE ST SW AMES LANE City of Tigard Lu information on this map is for general location only and Q should be verified with the Development Services Division. 13125 SW Hall Blvd F_ RE Tigard, OR 97223 ~2 (503) 639-4171 N httpl/www.ci.tigard.or.us Community Development Plot date: May 13, 2003; C:\magic\MAGIC03.APR DON - MORISSETTE OBE: 2781 HOMES INCORPORATED LOT' 11 4 8 3 0 G A L E W O O D S T R E E.T LAKE 0SWEG0, 0REC0 N 97035 DATE' 3/14/03 Abt(503)387-7538 F A X (503)387-7815 PROPERTY: WHISTLER'S-WALK CITY: TIGARD SCALE: 1"=20' PLAN No.: 182 OPTION 2 ELEVATION a W. V, 34/0 344 342 340 e Q 338 W. a<Q L34V 13152' • water eroy1 Storm a9g and \ o g Sewer 198' 6 Y'- .D VEWAY.:.` N Ii n~1t4 •,:3 i~• I X W i11 3, rt. JJ'•_ .a. . is •.(I z 'a' I I I :f, 2 1/2 bath a bs' m FF.E. 342' 650 s ft. I I s8'-11 vz' 3 car gar. i i - I - FF.E.341 I ~ I o I L----------------- 33'8' - 28'4' J 3 2 I N: 341' 141.84' a 345 s I6'- I0 1/4' 13~9~ S.W. 124th AVENUE LEGEND LOT COVERAGE LOT AREA: 8,164 SQ. FT. o -2' AGER RUBRUM BUILDING AREA: 2,195 SQ. FT. LOT •11 RED MAPLE PERCENTAGE: 29% 8,164 acq. rt. 2S103CC-06400 VENTURE PROPERTIES INC 4230 GALEWOOD ST STE 100 EXHIBIT LAKE OSWEGO, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Devefopment Shtaping,7 Better Community 1, (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCrst for the City ofTWard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑X NOTICE OF DECISION FOR: VAR2003-00029/WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #I 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 MBY13, 2003, and deposited in the United States Mail on May 13, 2003, postage prepaid. (Person P pared Notice) SZ49E OFOXEGON County ofWas ington ) ss. City of Tigard Subscribed and sworn/affirmed before me on the day of , 2003. MNOTARY OFFICIAL SEAL J BENGTSON PUBLIC•OREGON COMMISSION N0.388088 MISSION EXPIRES APR. 27, 2007 NOTARY PUBUC OF OREGON My Commission Expires: v ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 GENERAL INFORMATION. Property Ad dress/Lggation(s): 12~~h Q~ FOR STAFF USE ONLY Tax M & Tax Lot #(s): [5 a V /1~~003- --L!20 i Site Size: Case No.:- - Applicant*: Van A =0717 11 .1 Other Case No.(s): Address: apt-kQ42L :9X /36) City/State: 49Z Og&~±p 6 R- Zip: 97d 3S Receipt No.: Primary Contact: Application Accepted By: Phone3'$7 - -71~0 e~ -3(e~o Fax: ,U$ - 1000 Date: y S -716.3 Propprty~OWner/Q@ed Holder(s)*: (Attach list if more than one) ~N(J~A i--}~ Date Determined To a 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. 7/12/02 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 >Soecial 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 ❑ Application Form ♦ Parking Adjustments - 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) Plea a state the r son to the Adj stm nt request: t " e- 00--A Je 4 ❑ Site/Plot Plan (reduced 8/z x 11") ro e U ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) ~ rr Intl" bi ❑ Filing Fee $205.00 ~ loo .I s r_ r_je /01 0 . 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 pplicant/Authorized Agent Signat re Owner's Signature Uan" Owner's Signature Owner's Signature 2 1.1l 1 Vl' livr- 13125 SW Hall Blvd. 3:57:47PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000001851 Date: 05/07/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00029 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 Line Item Total: $205.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid • Check DON MORISSETTE HOMES 52362 In Person 205.00 Payment Total: $205.00 • e Page 1 of 1 cReceipt.rpt Type 1 Adjustment Application RE: The following includes the Applicant's statement: According to section 18.370.020 B. Development adjustments 1. Sub point a. the Front yard setbacks can be reduced up to 25%. 2. The Approval criteria 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. Comments: The Earnest Money Agreement was entered into by the Applicant and Homebuyer on the presumption that the Front Yard Setback to the house was the same 15 feet as in our other subdivisions in Tigard. Pushing these homes back will decrease the size of the backyards and may cause homebuyers not to proceed with the purchase of the home. We are only looking for an adjustment on the lots that we have sold the homes with the presumption of a 15' setback, and on two lots that are not deep enough for our standard home to fit b. The adjustment will result in the preservation of trees, if trees are present in the development area: Comments: No trees are affected by the request. c. The adjustment will not impede adequate emergency access to the site. Comments: This can only help the access to the site by allowing the home to be 5' closer to the street. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Comments: Applicant met with staff, who consulted with the Director of Planning and it was agreed that the Type 1 Adjustment was the best course of action. Without approval of the Adjustment, we may have to void the Earnest Money Agreement which will certainly cause the loss of a number of current home sales. 05/09/2003 00:39 FAY 2002 01/07/2003 06:40 5036926974 LAKERIDeE TfE ACE PAGE 02 413 0 o, aaua+ mays Madeseft Howes May 0, 2003 Regarding Properly lbcaWd at ► hWWs1 /LctV11 13795 SW 124" Avg. TBard, Oregon 97223 To Own i may emmm, At I'm swift (purdrase) of Nte eamm mwwft set beak for the Wh'eWs Walk sub*"n vftte assumed to be 15 feet to ltte house, 20 Out %t o garage. `Phase assumed set backs played a largo role in the derMan to purohass In YYhb 's Walk. 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