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VAR2003-00033 EXHIBIT. NOTICE OF TYPE 1 DECISION VARIANCE.(VAR) 2003.00033' CITY OF TIGARD WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #5 communiry~Devecopment Shaping ,4 Better communi 120 DAYS = 9/19/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT. #5 CASE NO: Adjustment (VAR) VAR2003-00033 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: 12280 SW Whistlers Lane; WCTM 2S103CC, Tax Lot 07900. 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 VAR2003-00033- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #5 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 lot 42 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. Pushing the home back in.order to meet 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 only portion of the proposed home that will be at the 15-foot setback will be the front porch. The habitable portion of the main. residence will meet the underlying setback requirement. Allowing the reduction for the front porch to be closer to the front lot line achieves pedestrian friendly development, which is an important aspect of neighborhood livability. 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. NOTICE OF TYPE I DECISION VAR2003-00033- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #5 PAGE 2 OF 3 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. 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 29, 2003, AND BECOMES EFFECTIVE ON MAY 30, 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 29, 2003 PREPARED B /Mathe*-Acheidecfc er DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2003-00033- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #5 PAGE 3 OF 3 Venture Properties EXHIBIT Attn: Jim Delmore VAR2003-00033 4230 Sim Glore Suite 100 WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT Lake Oswego, OR 97035 #5 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development S(wpingA 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 of TWard Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑ NOTICE OF DECISION FOR: VAR2003-00033/WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #5 ❑ 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 May 29, 2003, and deposited in the United States Mail on May 29, 2003, postage prepaid. (Person th repared No ' e) STA2E OAF' OREGON County of rWasjfiington ) ss. City of gjyard ) Subscribed and sworn/aff ed before me on the day of , 2003. OFFICIAL SEAL J BENGTSON ' NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION WIRES APR. 27, 2007 -710 My Commission Expires: 1 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): 12280 SW Whistlers Ln. Tigard, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Whistlers Walk lot 44 Site Size: g 090 sa ft Case No.: VIER aoo3 -06033 Applicant*: Venture Properties Other Case No.(s): Address: 4230 Galewood St. ;7100 Receipt No.: x003 ' 19.21 City/State: Lake Oswego, OR Zip: 97035 PrimaryContact: Jim Delmore Application Accepted By: 0. eaA,,,_~ Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 Date: 5 - f - o 3 Propert C?wner/Deed Holder(s)': (Attach list if more than one) V~n ure Properties Date Determined To Be Complete: Address: Phone: City/State: same as above :Zip: Comp Plan/Zone Designation: " When the owner and the applicant are different people, the applicant Lo L..3 p~~ Res J R 4 s Magg, 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 i:tcurpln\masterslrevisedladjustment-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 Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal R Owner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower M Title Transfer Instrument or Deed ♦ Washington Square Reg. Center Density Adjustments 0 Site/Plot Plan (6 copies) Please state the reason for the Adjustment request: Site/Plot Plan (reduced 81/i'x 11") We would like a Type 1 Adjustment Applicant's Statement (Addressing Criteria Under Section 18.370.020) per section 18.370.020? subpoint A so see a ac e Applicant Filing Fee $205.00 Statement addressing criteria tinder Section 18.370.020 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 ~-2 pplicant]Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 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. 4230 Galewood St. Suite 100 Don Modssette Homes Lake Oswego, Oregon 97035 May 9, 2003 Regarding Property located at: Whistler's Walk / Lot # 44 12280 SW Whistlers Lane Tigard, Oregon 97223 To whom it may concern, At the signing (purchase) of the earnest money the set back for the Whistler's Walk subdivision were assumed to be 15 feet to the house, 20 feet to the garage. These assumed set backs played a large role in the decision to purchase in Whistler's Walk. Sincerely, Brent Landels, Community Manager/ Realtor x wt Signa u : Jeny arol ns 05/28/2003 13:41 503-387-7617 VENTURE PAGE 01 DON • MORISSETTE OBE: 2814 moms SPOORPON 4880 GALEDOOD NTSUNT ~s o s)sa s s °s s a°i a o s) s 9 111 i i e DATE: 6/88/09 PROPERTY: WHCLER'8-WMX CITY: TIGiARD 9CAIX.- 1w=201' PLAN NO.: 170 OPTION 8 ELEVATION 122W SW WISTLEft LANP I I 310 I 312 I 30- SITE PISTAWrm TMA1'IOL11 ~ . , Poftc;w 311 97' 314- O 82b *q. flL T O O m~ A I 9 car I~a~. ,.-m• ¢iM.313' s,1W sq. ft I 4 b hft W 24 ba llpp .b' 9 316 V ~ z I I 31.4 I 316 3w r ~ i LEGEND ~1 O J -2' AGJ=R RUE3FWM f (D YID MAPLE' LOT COVEMA" LOT AREA: 5,050 $0, r-T. -2' PYRU3 GALLEY ANA BUILDING AREA: 2,45& SQ, r-T, LOT 044 GHANTIG(_r=r=R PEAR' PERCENTAGE: zo% B~9® sq. f!. a Q' • fiflit ULI 11 Hull ..o nTU+ IT" IIITII 11 H 11 111111 1 11 11 if 11 11 1. Ulf[ I U Ll 11 U Li 11 111 IAI~ UU I ULI H U11 R I I 11 1111hill Jill 11 Jill 11 1111-111 Hill 000 00000 no 000 00000 00 . • o00 00000 000 00000 FRONT ELEVATION 14 FRTGM O LEFT ELEVATION i.6lii64fjj"f lflT fit ..lull Oull I 111 11 it 1111 IT lililill 8. mill A• a °IC.PT~Y~T101~1 4 v' O II'-10' 40'-0' 3'-10' B'•0' 14'-0' IB'-0' I'-0' I'-9' 9'_0• 61OX50 OIL. 0 p G MOa6Ap SL. 6AOa5A0 6L. softim s i_ewI M3 GAW METAL FIREPLACE W/ BENCH 4 MANTLE 0 I I 'm 0 V Q.& 9 © i GREAT ROOM ~ © i 77A71tIS10 31-I• b• 0 M ;r 0 9 UTILITY m TABLE e A ul 0 NIGH Y 0 DRAG T P " M4 4ASaVAs i ' ~I >1N in ~_y• 6,_B• y,•T, .n I L!D 0 STEEL MR 1 • I)µ r-------- m II'-10' I7'-10' 4'-4' 7'-I0' i WOLK•N ' s I 3 CAR GARAGE Mal" ~ JAr 0 S' GL4 DEN pApaIOQ m 7N p M3 )ApaSlp YSaNO RK 9 DOOR SIDELIOWT IOAO dW aWD. DOOR ISAOaSAO 010. DOOR O• F F F PORCH nA?A Wt6O SK s 9 GONCRETe IW ) SUDS WTUIO _ N ® 4.1 8T wpb P Z'•0' 10'-0' 7'-0' Ib'-0' ~'-0' b'-10' 3'-b' b'-0' 3'-b' 33'-0' 19'-I MAIN FLOOR PLAN