VAR2003-00049
EXHIBIT
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2003.00049 !
CITY OF 1Q RD1
WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #18 Community (Development
Sha 'ngA Better Communi
120 DAYS = 10/23/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #18
CASE NO: Adjustment (VAR) VAR2003-00049
PROPOSAL: The applicant has requested approval for an Adjustment to the front yard
setback to reduce the setback from 20 feet to 15 feet to accommodate
construction on lot 31 of Whistler's Walk Subdivision.
APPLICANT/
OWNER: Venture Properties
Attn: Jim Delmore
4230 SW Galewood, Suite 100
Lake Oswego, OR 97035
LOCATION: 12290 SW Kelly Lane; WCTM 2S103CC, Tax Lot 8400.
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 VAR2003-00049- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #18 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 31 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 ad 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 VAR2003-00049- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #18 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 JULY 7, 2003,
AND BECOMES EFFECTIVE ON JULY 8, 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.
July 7, 2003
PREPAR D Y: ew I egger DATE
Associate Planner
NOTICE OF TYPE I DECISION VAR2003-00049- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #18 PAGE 3 OF 3
Ask Adlbk
BE: 2801
DON e MOR°SSETTE LOT: 31
H O M E S I N C O R P O R A T E D
4 2 3 0 G A L E W O O D S T R E E T DATE: 01/07/2003
L A K E 0 S 11 E G 0. O R E G O N 9 7 0 3 5 gk(503)387- 7 5 3 8 F A X (503)387 -7 8 1 5 PROPERTY: WHISTLER'S-WALK
CITY: TIGARD
SCALE: I"=20'
PLAN No.: 170
12 2 9o SW KE L L~ I O/PT~I ION 2 ELEVATION
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LEGEND
LOT COVERAGE
LOT AREA: 1,635 SQ. FT. LOT 031
o -2' ACER RUBRUM BUILDING AREA: 2,310 SQ. FT.
'RED MAPLE' PERCENTAGE: 31.0% -1,635 sq. Ft.
Venture Properties EXHIBIT s L~--
Attn: Jim Delmore
4230 SW Galewood, Suite 100
Lake Oswego, OR 97035
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Slurping,'1 BetterCommunity
I, (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City of TWar ,,"'Washington County, Oregon and that I served the following:
(Check AWOPlate Box(s) Below)
D NOTICE OF DECISION FOR: VAR2003-00049/WHISTLER'S WALK SETBACK ADJUSTMENT # 18
AMENDED NOTICE (File NoJName Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exbibit'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 EON "I", and by reference made a part
hereof, on 1nIV 1.2003 , and deposited in the United States Mail on My 1, 2003, postage prepaid.
f
(Per tha Prepare No Ice
STA2E OAF OREGON
County of Washington )SS.
City of Tigard
Subscribed.and sworn/affirmed before me on the ~~-day of ~ , 2003.
OFFICIAL SEAL
J BENGTSON
' NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007
OTARY PURLW OF OREGON
MV Commission Expires: ZA1-_X710
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): 12 2 9 0 SW Kelly Ln"
Tigard, OR 97223 FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): Whistlers Walk lot 31
9
as(03 CC - 69400
Site Size: 7,635 sq ft Case No.: VAN x003 -0004
Applicant`: Venture Properties Other Case No.(s):
Address: 4230 Galewood St. ; 100
City/State: Lake Oswego, OR Zip: 97035 Receipt No.: o~~3-0077 _
Primary Contact: Jim Delmore Application Accepted By: t4 a
Phone:503-387-7500 / 866-4839 Fax: 503-387-7617
Date: S~`a`1~o3
Propel pwner/Deed Holder(s)*: (Attach list if more than one)
V~nture Properties Date Determined To Be Complete:
Address: Phone: - Z S 3
City/State: same as above -Zip:
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant . UW Den P ej- Qcf S
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
YSoecial 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 C1d 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)
Please state the reason for the Adjustment request: Site/Plot Plan (reduced 8t/2'x 11")
We would like a Type 1 Adjustment Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
per section 18.370.0208 subpoint A
so see a ac e pp i.can Filing Fee $205.00
k
' Statement addressing criteria under
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
subiect propertL.
♦ 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 ~I_2 day of , 20 63
plicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
2
V11 1 Vi i~V.~~~+/ '
13125 SW Hall Blvd. 8:08:55AM
Tigard, Oregon 97223
(503) 639-4171
r
Receipt 27200300000000002277
Date: 06/03/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00042 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00043 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00044 [LAINPUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00045 [LANIDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00046 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00047 [LANDUS] ADJUSTMENT 100-0000-438000 205.0
VAR2003-00048 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00049 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00050 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00051 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00052 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00053 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00054 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00055 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00056 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
Line Item Total: $3,075.00
Payments: .r
Method Payer User ID Acct./Check Approval No. How Received Amount Pa~
Check VENTURE PROPERTIES cac 16173 In Person 3,075.00
Payment Total: $3,075.00
Page 1 of 1 cReceipt.rpt
BANK OF &WALK AMFERICA FICL 232308 1,V'11.
',.3
185thHA;,OR 9700 2858
. .:.ALOA; 9700
VENTURE PROPERTIES, INC. 7
4230 GALEWOOD ST., SUITE 100
LAKE OSWEGO, OREGON'97035
PH. (503) 387-7538
Pay::'**.******************'*****Thr6e thousand seventy-five dollars and no dents
DATECHECK,:NO. 'AMOUNT
Ma 16 2003 1617..3 $******3,075:-00..
CITY. OF.. TIGARD 8a
PAY ;
TO THE PO BOX 2:30000
ORDER: TIGAR:D, OR 9728171999
OF
;T.
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.
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