VAR2004-00024
EXHIBIT
NOTICE OF TYPE I DECISION
SETBACK ADJUSTMENTS (VAR) 2004.00024, 26, 27
REDDICKS SETBACK ADJUSTMENTS Community 0eve(opment
S(rapingA Better Community
120 DAYS = 8/18/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: REDDICKS SETBACK ADJUSTMENTS
CASE NO: Side Yard Setback Adjustment (VAR) VAR2004-00024
Rear Yard Setback Adjustment (VAR) VAR2004-00026
Front Yard Setback Adjustment (VAR) VAR2004-00027
PROPOSAL: The applicant has requested approval for three Development
Adjustments to reduce the minimum side yard setback from 10 feet to 8
feet, the rear yard from 25 feet to 20 feet, and the front yard setback
from 30 feet to 22.5 feet. The Adjustments are requested to construct
additions to a house on a flag lot.
APPLICANT: Calvin Hamreus, Architect OWNER: Jeffrey and Kathy Reddicks
12578 SW Broadway 12408 SW Duchilly Court
Beaverton, OR 97005 Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential.
ZONING
DESIGNATION: R-1: Low-Density Residential District. The R-1 zoning district is
designed to accommodate detached single-family homes with or
without accessory residential units at a minimum lot size of 30,000
square feet. Some civic and institutional uses are also permitted
conditionally.
LOCATION: 12408 SW Duchilly Court; WCTM 2S110BB, Tax Lot 01100.
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 VAR2004-00026 and 00027 (Front and Rear Yard), and DENIED
VAR2004-00024 (Side Yard). The findings and conclusions on which the decision is based
are noted in Section IV of this decision.
NOTICE OF TYPE I DECISION VAR2004-00024, 26, 27/REDDICKS SETBACK ADJUSTMENTS PAGE 1 OF 4
SECTION III. BACKGROUND INFORMATION
Site History:
The subject parcel is part of the Ames Orchard Subdivision, a large lot neighborhood,
platted in 1977. The house was built in 1979. No specific conditions affect this particular
parcel. The property is a flag lot served by a single driveway, approximately 135 feet in
length.
Vicinity Information:
The property is located on the west end of SW Duchilly Court, north of SW Bull Mountain
Road.
Site Information and Proposal Description:
The subject property is generally rectangular in shape and approximately 40,000 square
feet in size. The existing house on the site was built with the garage oriented along the
front setback. The owners wish to add a new garage oriented to the side yard to renovate
the garage. As part of the renovations, a new front porch is proposed, as well as a porte
cochere. To accommodate the length required for a three car garage, a slight
encroachment of 2 feet into the rear yard is required. Since the main house is built along
the front setback line, the proposed porch addition requires a 7Y2-foot adjustment. The
porte cochere addition also extends into the side yard setback by two feet.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
RESIDENTIAL ZONING DISTRICTS (18.510):
The development standards a a ec is property are as shown below.
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD - R-1 Standard Proposed
Minimum Lot Size
- Detached unit 30,000 sq. ft. 40,000 sq. ft.
Average Minimum Lot Width 100 ft. 137 ft.
Maximum Lot Coverage - N/A
Minimum Setbacks
- Front yard 30 ft. 22.5 ft.
- Side facing street on corner & through lots N/A N/A
- Side yard N/A -75 ft./ 8 ft.*
- Rear yard 25 ft. 20 ft.*
- Side or rear yard abutting more restrictive zoning district - N/A
- Distance between property line and front of garage 20 ft. N/A
- Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)]* 10 ft. 20 ft.
10 ft.
Maximum Height 30 ft. -24 ft.
Minimum Landscape Requirement - -50%
* Adjustment required.
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
Section . . provides a up to a 20% reduction of the dimensional
standards for the side yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.13.2, Approval Criteria, provides
that a development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
NOTICE OF TYPE I DECISION VAR2004-00024, 26, 27/REDDICKS SETBACK ADJUSTMENTS PAGE 2 OF 4
•
A demonstration that the adjustment requested is the least required to achieve the
desired effect;
FRONT YARD:
The adjustment is being requested to allow the addition of a covered entry to the house
and provide a focal point for the entry. Because the house was built up to the setbacks on
the east side, there is no room for a porch structure. The requested 7.5 foot encroachment
is the minimum necessary to construct a reasonably sized porch that is in scale with the
rest of the fagade of the house.
REAR YARD:
In order to replace the 4 car garage space being remodeled, a new 4 car garage structure
will be constructed along the side yard. The distance required to accommodate the garage
will require that it protrude five feet into the rear yard setback. Reducing the width of the
garage would make at least one parking bay unusable.
SIDE YARD
The applicant had proposed a two foot encroachment into the side yard to achieve a
pass-hrough porte cochere. After staff expressed concern over the extent of the requested
adjustments, the applicant agreed that the projection for the porte cochere was not the
minimum necessary to achieve the desired remodel objectives (new front covered entry
and replacing the four car garage in the rear of the house). Staff therefore is
recommending the denial of this adjustment.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are trees on the subject site that will remain; however, the location of the house and
proposed addition provides ample distance to preserve these trees.
The adjustment will not impede adequate emergency access to the site; and
The adjustment will not affect existing emergency access. The owners have proposed
installing a bulb at the end of their driveway to facilitate turnaround movements.
Therefore, this criterion is satisfied.
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
FRONT YARD
The covered entry needs to be over the front door, which is on the east property line.
There is no alternative location for the covered entry.
REAR YARD
The reason for relocating the garage is to remove the driveway that fronts the entire east
side of the house, which has a view of Mt. Hood. The current garage will become the
master bedroom. The most logical location for a new garage is to continue the driveway
west as proposed. There is no alternative location for the new 4-car garage.
NOTICE OF TYPE I DECISION VAR2004-00024, 26, 27/REDDICKS SETBACK ADJUSTMENTS PAGE 3 OF 4
SIDE YARD
Staff finds that there is a reasonable alternative to the requested adjustment to the side
yard setback, and by slightly modifying the design of the proposed pass-through porte
cochere the side yard setback can be met. Therefore, staff finds that the requested
adjustment for the side yard setback should be denied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A 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 AS OF APRIL 21, 2004.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE APRIL 22 2004.
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.
April 21, 2004
,A,- PREPARED BY: organ Tracy DATE
Associate Planner
iAcurpln\morgan\workspace\var and adj\var2004-00024 (reddicks)\var2004-000024 26 27 decision.doc
NOTICE OF TYPE I DECISION VAR2004-00024, 26, 27/REDDICKS SETBACK ADJUSTMENTS PAGE 4 OF 4
CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
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information on this map is for general location Only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
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97223
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Community Development Plot date: Apr 21, 2004; C:Xmagic\MAGIC03.APR
2S1101313-01100 EXHIBIT
REDDICKS JEFFERY E &
KATHY L
12408 SW DUCHILLY CT
TIGARD, OR 97224
Calvin Hamreus, Architect
12578 SW Broadway
Beaverton, OR 97005
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Devefopment
S(aping,4 BetterConitnunity
I, TatrW* W* L. Lu being first duly sworn/affirm, on oath depose and say that I am a Senior)fdministrativeSpecia&tfor
the City of 7igarashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
0 NOTICE OF DECISION FOR: VAR2004-00024 26 & 21/REDDICKS SETBACK ADJUSTMENTS
AMENDED NOTICE (File No./Name 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 April 21, 2004, and deposited in the United States Mail on April 21, 2004, postage prepaid.
(Person th Prep d Noti e)
S"4E OtF OUGON
Cqun ~ of'Wasllstmgton SS.
CUy ? ard
j 'I
Subscribed and sworn/affir ed before me on the day of I , 2004.
r . OFFICIAL SEAL
J BENGTSON
' NOTARY PUBLIC OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007
MY Commission Expires: ~)!7
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Pro ertyAddress/Location(s): 12408 5-W, PUGHILLY CREF
bt~l d 1100 FOR STAFF USE ONLY
Tax Map & Tax Lot #(s):
Site Size: 0,600 $,0. FT. Case No.: V A-R Aoc>4.- oor>a 4
Applicant": JEFRRY F ~DIGKS Other Case No.(s): VNR dolly
Address: I_ &op~ 4;.. . pO&PILL`r CKT Receipt No.: cq od4 - M-45
City/State: T1 &AIZO eW, , zip: q'7224 _
Primary Contact: Application Accepted By: C
Phone: 24 • 2406 Fax:
Date: 3 'a U -04
Property Owner/Deed Holder(s)": (Attach list if more than one)
As Ag!o Ig Date Determjn d To Be Complete:
Address: Phone: 1~~~
City/State: Zip:
Comp Plan/Zone Designation:
When the owner and the applicant are different people, the applicant Low Dt r Res
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)
must sign this application in the space provided on the back of this
Rev. 2128/2003 is\curplnlmasters\revised\adjustment-1.doc
form or submit a written authorization with this application.
PROPOSAL SUMMARY
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): REQUIRED SUBMITTAL ELEMENTS
evelo ment Adjustment - Front Yard, Interior Setbacks and Lot Coverage
➢Soecia ws men s: ✓ Application Elements Submitted:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density Application Form
♦ Landscaping Adjustments - Existing/New Street Trees ❑ Owner's Signature/Written Authorization
♦ Parking Adjustments - Reduction in Stacking Lane Length
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ❑ Title Transfer Instrument or Deed
♦ Setback Adjustments - Setbacks to Reduce Tree Removal
♦ Wireless Communication Facility Adjustments - Distance From Another Tower Site/Plot Plan (6 copies)
♦ Washington Square Reg. Center Density Adjustments Site/Plot Plan (reduced 8y)'x 11 )
Please state the reason for the Adjustment request: Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
PROFMF- 6-AF-A&F ADDITIot`t U71LL ❑ Filing Fee
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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 ttfe 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 (M/ 20
~A;r 1A
Appl' n ut rized Agent Signature O is ignature
Owner' Sin ture Owner's Signature,
2
CITY OF TIGARD 3/26/2004
13125 SW Hall Blvd. 2:29:39PM
Tigard, Oregon 97223
(503) 639-4171 '
Receipt 27200400000000001238
Date: 03/26/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00024 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
VAR2004-00026 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
VAR2004-00027 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $630.0
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount Paid.
Check JEFFREY/KATHY REDDICKS CAC 3858 In Person 630.00
Payment Total: $630.00
~s+ srs _~+J'7yvd6 l / ~ .K., ilE~s~Kii y
Jeffe7 E'Reddicks
Kathy 'L -Reddicks . .3858
"12408SWDuchilly Cf.
Tigard; OR 97224-2779 Date 24-201/1230
Ph. (503) 624-2408' t
rPay to the .a__ w •
Order of _ $
.m ..4.
`Dollars ff ~mm
KeyBank National Association Key Privilege'.
Beaverton, Oregon 97075
o 1-8oo•IEY2voW
. Key.wm • ~ .
For .P
Page 1 of 1 cReceipt.rpt
April 1, 2004
CITY OF TIGARD
Jeffrey Reddicks OREGON
12408 SW Duchilly Court
Tigard, OR 97224
RE: Request for setback adjustments, Casefile No.VAR2004-00024, 00026, 00027
Dear Mr. Reddicks:
I am in receipt of your request for setback reductions to the west, east and north
property lines to accommodate the proposed garage and front porch remodel.
Before I process your request, I seek additional justification so that I can make
positive findings in support of your request. In reviewing the applicable criteria, I
need to find that:
a. A demonstration that the adjustment requested is the least required to
achieve the desired effect;
This is particularly difficult in that you have requested the greatest allowable
reduction on three sides of your property.
b. The adjustment will result in the preservation of trees, if trees are
present in the development area;
I concur with your architect that this is not a relevant consideration.
c. The adjustment will not impede adequate emergency access to the site;
Again, I agree with your architect that emergency access will not be impeded, but
the statement is a conclusion, and lacks evidence to support it. In other words,
why will emergency access not be impeded?
d. There is not a reasonable alternative to the adjustment which achieves
the desired effect.
And this is the most difficult to establish since there are several alternatives
available. This is not to imply that these other alternatives are reasonable, but you
need to evaluate them and provide some reason as to why they won't achieve the
desired effect (which was stated as "removing the driveway from the front of the
house".)
1. Design a garage that is 5 feet shorter.
2. Omit the proposed porte cochere addition or reduce its width by two feet.
3. Omit the porch entirely.
4. Alternately, as the property is considered a flag lot, so long as you maintain 10
foot side yards, you have the option of choosing your front and rear yard location.
By choosing the north property line as the front yard, and the south as the rear
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
yard, no adjustment would be needed for the west property line, and in fact the
garage structure could be made 10 feet longer. No adjustment would be required
for the front porch, which could be made 13 feet deeper. However, the proposed
north porte cochere addition would project 20 feet into the required yard, and an
adjustment would not be possible.
I will delay review of your request for 14 days or until you have decided on how
you wish to proceed. You may choose to not submit any additional information, in
which case I will continue the review with the evidence that has been provided. If
you decide to submit additional information, please contact me as soon as
possible with an estimated time with your resubmittal.
Should you have additional questions, please feel free to contact me at (503) 639-
4171, extension 2428.
Xely, (
MORGAN TRACY
Associate Planner
Fidelity National Title
1M
INSURANCE COMPANY
Mr. and Mrs. Jeffery E. Reddicks Date: November 16, 1998
12408 SW Duchilly Court Order No.: 12-124298-28
Tigard, OR 97224
We appreciate the opportunity of being of service to you.
Fidelity National Title of Oregon
401 S.W. Fourth Avenue
Portland, Oregon 97204
(503) 223-8338
Owner's Standard Order No. 12-124298-28
Policy No. 27-31-92- 90480
EXHIBIT "ONE"
Lot 14, AMES ORCHARD, in the City of Tigard, Washington County, Oregon.
Page 2
SCHEDULE A
Order No.: 12-124298-28 Policy No.: 27-31-92- 90480
Amount of Insurance: $ 399,000.00
Premium Amount: $ 1,153.00
Date of Policy: November 13, 1998 at 03:44 p.m.
1. Name of Insured:
Jeffery E. Reddicks and Kathy L. Reddicks
2. The estate or interest in the land described herein and which is covered by this policy is:
A Fee
3. Title to the estate or interest in the land is vested in:
Jeffery E. Reddicks and Kathy L. Reddicks, as tenants by the entirety
4. The land referred to in this policy is situated in the County of Washington, State of Oregon, and
is described as follows:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED Page 1
All-
Calvin E. Hamreu5 Architect ardnemro • planning 12578 S.W. Broadway Beaverton Or. 97005 (503) 644-0299
fax (503) 644-1539
3-25-04
CITY OF TIGARD
ATTENTION MORGAN TRACY
PLANNING DEPARTMENT
13125 S.W. HALL BLVD.
TIGARD OR, 97223
RE: DEVELOPMENT ADJUSTMENT STATEMENT
APPLICATION STATEMENT
THE OWNERS (MR.& MRS. JEFFERY REDDICKS) OF THE PROPERTY
ADDRESSES 12408 S.W. DUCHILLY CT. TIGARD, ARE REQUESTING
DEVELOPMENT ADJUSTMENTS FOR SETBACKS IN THE WEST AND EAST
PROPERY LINES.
THE WEST (REAR) SET BACK OF 25 FEET REQUIRES A 20% ADJUSTMENT
(5 FEET).
THE EAST (FRONT) SET BACK OF 30 FEET REQUIRES A 25%
ADJUSTMENT (7.5 FEET).
APPROVAL CRITERIA. 18.370.020
a. A DEMONSTRATION THAT THE ADJUSTMENT REQUESTED IS THE
LEAST REQUIRED ACHIEVING THE DESIRED EFFECT.
EAST LINE
Because the original house was built on the East property line there is no
room for a covered entry to protect people from the rain and weather
without an adjustment. The covered entry is designed 7feet wide, which is
fairly minimum for an entry.
WEST LINE
The west line adjustment is required to accommodate a 4-car garage.
The Reddicks family currently owns 4 cars and desire to keep them out of
the weather. Also the majority of the homes in the area have 4 car
garages and if they were to sell in the future, would be important.
Development adjustment statement cont.
1
b. THE ADJUSTMENT WILL RESULT IN THE PRESERVATION OF
TREES, IF TREES ARE PRESENT IN THE DEVELOPMENT AREA.
There are no trees in the development area.
c. THE ADJUSTMENT WILL NOT IMPEDE ADEQUATE EMERGENCY
ACCESS TO THE SITE.
The adjustment will not impede emergency access to the site.
d. THERE IS NOT A REASONABLE ALTERNATIVE TO THE
ADJUSTMENT WHICH
ACHIEVES THE DESIRED EFFECT.
The covered entry needs to be over the front door, which is on the east
property line. There is no alternative location for the covered entry.
The reason for relocating the garage is to remove the driveway that fronts
the entire east side of the house, which has a spectacular view of Mt.
Hood. The current garage will become the master bedroom. The most
logical location for a new garage is to continue the driveway west as
proposed. There is no alternative location for a 4-car garage.
THANK YOU
CALVIN HAMREUS ARCHITECT
2
1 AmLL&mAjw-*"fiil • 1
Calvin E. Hamreus Architect wdttwtme . pb mbg 125M S.W. Bmn&my DOWArton Or. 6M M (5M) 644,M9
fax (W5) 644-M9
3-25-04
CITY OF TIGARD
PLANNING DEPARTMENT
13125 S.W. HALL BLVD.
TIGARD OR, 97223
RE: DEVELOPMENT ADJUSTMENT STATEMENT
APPLICATION STATEMENT
THE OWNERS (MR.& MRS. JEFFERY REDDICKS) OF THE PROPERTY ADDRESSES
12408 S.W. DUCHILLY CT. TIGARD, ARE REQUESTING DEVELOPMENT ADJUSTMENTS
FOR SETBACKS IN THE WEST, NORTH AND EAST PROPERY LINES.
THE WEST (REAR) SET BACK OF 25 FEET REQUIRES A 20% ADJUSTMENT (5 FEET).
THE NORTH (SIDE) SET BACK OF 10 FEET REQUIRES A 20% ADJUSTMENT (2 FEET). d4
THE EAST (FRONT) SET BACK OF 30 FEET REQUIRES A2(5"/-. ADJUSTMENT ('FEET). i-7
S% 7
APPROVAL CRITERIA. 18.370.020
a. THE OWNERS WOULD LIKE TO RELOCATE THE GARAGE AND REMOVE THE
LONG DRIVEWAY THAT RUNS INFRONT OF THE ENTIRE HOUSE. BECAUSE THE
ORIGINAL HOUSE WAS BUILT ON THE FRONT SET BACK LINE AND CLOSE TO
THE NORTH SETBACK THE PROPOSED GARAGE ADDITION REQUIRES
ADDITIONAL SPACE.
b. NO TREES WILL BE REQUIRED TO 5E REMOVED AS A RESULT OF THE
ADJUSTMENTS.
c. THE ADJUSTMENT WILL NOT IMPEDE EMERGENGY ACCESS TO THE SITE.
d. THE PROPOSED LOCATION FOR THE NEW GARAGE IS THE ONLY ALTERNATIVE
TO ACHIEVE THE GOAL OF REMOVING THE DRIVEWAY FROM THE FRONT OF
THE HOUSE.
THANK YOU
CALVIN HAMREUS ARCHITECT
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