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VAR2003-00079 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003.00079. CITY OF TIGARD' WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #17 Commu i6beveropment Ska 'ngA Better Communi 120 DAYS = 10/23/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #17 CASE NO: Adjustment (VAR) VAR2003-00079 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 49 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 13610 SW 122nd Avenue; WCTM 2S103CC, Tax Lot 10200. 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 VAR2003-00079- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #17 PAGE 1 OF 3 CONDITION OF APPROVAL 1. The front yard setback can only be reduced 20 percent for a setback of 16 feet. 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 49 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 extend into the required 20-foot setback will be the front porch and a portion of the proposed den. The entrance to the garage will still maintain a twenty (20) foot setback. The applicant has asked for the entire 25 percent reduction. However, the site plan shows the front yard setback reduced to 16 feet, which is the least required to achieve the desired effect. Therefore, instead of granting a 25 percent reduction, the front yard setback may be reduced 20 percent to 16 feet. The remaining 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. NOTICE OF TYPE I DECISION VAR2003-00079- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #17 PAGE 2 OF 3 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. 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. CONDITION:The front yard setback can only be reduced (20) percent for a setback of 16 feet. 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 02,2003v AND BECOMES EFFECTIVE ON JULY 3, 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. V - - Z, July 2, 2003 PREPA D Y: hew ch idegger DATE Associate Planner NOTICE OF TYPE I DECISION VAR2003-00079- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #17 PAGE 3 OF 3 DON ° MORISSETTE OBE: 2819 HONES INCORPORATED LOT: 49 4 2 3 0 G A L E W O O D S T R E E T LASE OSWEGO, OREGON 07035 DATE' 6/3/03 (503)387-7638 FAX (503)387-7416 PROPERTY: WHISTLER'S-WALK CITY: TIGARD SCALE: 1"=20' PLAN No.: 166 OPTION 1 ELEVATION n I I E' 81 WALK 1250' torm I 323' 9 - I \ er0e1on~ - - - 0 32 20' 0• I 0 cont+ol a~e a y I Ir 323 I •324 374 15 -3 392 6q. ft. r ar. 323 I'<; ) FF.E.324' ' 324 . .t: .374 e ~ Sewer I ' Tli dl '.I. o ~ 13 a q ' U I I a low aq. Ft. ' 3 bdrm. 4 325 I 4 I I 2 bath I FPS. 3255' I ~ ~I ' -1 M I 373 i I6'-II 3/4' 3`S' I 325 j 0 14.96' 324 325 326' LOT COVERAGE LECsEN0 LOT AREA: r6,068 SQ. FT. BUILDING AREA: 2,428 SQ. FT. LOT 049 PERGENTAGE: 4mia o -2• AGER RUBRUM RED MAPLE' 6,068 sq. ft. EXHIBIT Venture Properties VAR2003-00079 Attn: Jim Delmore WHISTLER'S WALK FRONT YARD SETBACK 4230 SW Galewood, Suite 100 ADJUSTMENT #17 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community Development ' ShapingA Better Community I, Patricia L. Lun for4 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: 1Cneac Appropriate Box(s) Below) ❑ NOTICE OF DECISION FOR: VAR2003-00019/WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT # 11 ii AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning, Director A copy of the said notice being hereto attached, marked Exhl11111 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 MINI", and by reference made a part hereof, on JUIV 2, 2003, and deposited in the United States Mail on JUIV 2, 2003, postage prepaid. IWO (Pe n t re red No ' e) STA2tE OFOP9GON ) County of ZNas tngton ) ss. City of igard Subscribed and sworn/affirmed before me on the 2---~day of '2003. 8, p OFFICIAL SEAL J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 200; y c MY Commission Expires: d 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): 1 3 61 0 3W 122nd Tigl rd, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(S): r nt- 4() Wh i Guard Walk o2S I o3 CC - / OaOo Site Size: 606,1 square feet Case No.: V~1~2 a'uu~, -GOVT 01 Applicant': Venture Properties Other Case No.(s): Address: 4230 Galewood St. ;7100 City/State: Lake Oswego, OR Zip: 9 7 0 3 5 Receipt No.: a 003 ~ odd ~ PrimaryContact: Jim Delmore Application Accepted By: C ~cac,a r Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 3 Date: 17 - 0 Proper t ~wner/Deed Holder(s)': (Attach list if more than one) VVn ure Properties Date Determined To Be Complete: Address: Phone: p - ~~-03 City/State: same as above -.Zip: Comp Plan/Zone Designation: " When the owner and the applicant are different people, the applicant Low Den Re-PI R 4 .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): :DevelopmentAdjustment - FrontYard,InteriorSetbacksandLotCoverage 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 ❑ Owners 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 8%"x 11") We would like a Type 1 Adjustment ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) per section 18.370.02013 subpoint A ❑ Filing Fee $205.00 so see a ac e Applicant Statement addressing criteria tinder Section 18.370.020 1 r .t 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 reouest does not violate any deed restrictions that may be attached to or imposed upon the subiect 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 C~~ icant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 6/17/2003 13125 SW Hall Blvd. 8:53:43AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000002520 Date: 06/17/2003 Line Items: Case No Tran Code . Description Revenue Account No Amount Paid VAR2003-00078 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00079 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 Line Item Total: $410.00 Payments: Method Payer User ED Acct./Check Approval No. How Received Amount Paid- Check VENTURE PROPERTIES CAC In Person 410.00 Payment Total: $410.00 BANK OF AMERICA 24 7038 16 2"31 185th & WALKER OFFICE 2858 ' VENTURE PROPERTIES, INC. ALOHA;OR 97007 4230 GALEWOOD ST., SUITE 100 LAKE OSWEGO; OREGON'97035 PH. (503) 387-7538 - c.entg * rid Pay Four hun red .ten dollar AMOUNT • DATE CHECK NO. $ 4 16 2 3:1 * * * l 0:00 June.. 12, 2003 d6w CTTY:: OF::TIGARD PAY P:0 BOX ..2.30000 TO THE ORDER . 'T::IGARD,_ OR 9728:1`=.1.999':., OF : r 4 ' Page 1 of 1 cReceipt.rpt 4230 Galemod St. Suite -100 Mm MbI~SSE E Homes Lake Oswego, Oregon 97035 May 9, 2003 Whistler's Walk/ Lot 49 13610 SW 122°d Ave. Tigard, Oregon 97223 7o whom it may concern, .at the signing (purchase) or the earnest money the set back forthe 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 Whislees Walk. Sincerely, `?rent Landeis. Community Manager; Realtor X Signature: Ed Strending 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. THIS IS ONE OF THE LOTS THAT A STANDARD HOME WILL NOT 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. 6.Q PRCN HII It IT If I Lill Bull WIII H Q Li 11 111.1 ILML 111or>, 11 H Li 11 H 1111 H U 11 Jill 11 Jill II n I 1 1 Lifflit ULI 11 till 1. i 1 •i II 1 1 I i I ! I I I I I I 1 I ! 1 I! I 1 I ~ i 1! 1 1 I 1 ! ~ ! 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