VAR2004-00033
EXHIBIT A
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004-00033
CITY OF TIGARD
FRONT YARD SETBACK ADJUSTMENT Community(Dewropment
Sriaping A (Better Community
LOT 19 OF DURHAM OAKS SUBDIVISION
120 DAYS = 8/3/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: DURHAM OAKS LOT 19 FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00033
PROPOSAL: The applicant has requested approval for an Adjustment to the front yard
setback to reduce the setback from 15 feet to 11.25 inches to
accommodate construction of a house on a lot with a stand of trees at the
rear of the lot. According to the site arborist, the adjustment would benefit
the health of the trees at the rear of the lot.
APPLICANT/
OWNER: Buena Vista Custom Homes
Attn: Kyle McBride
6932 SW Macadam Avenue, Suite C
Portland, OR 97219
LOCATION: 15985 SW Avon Place; WCTM 2S112CC, Tax Lot 18400 (Lot 19 of
Durham Oaks Subdivision).
COMPREHENSIVE
PLAN
DESIGNATION: R-12, Medium-Density Residential.
ZONING
DESIGNATION: R-12: Medium-Density Residential District The R-12 zoning district is
designed to accommodate a full range of housing types at a
minimum lot size of 3,050 square feet. A wide range of 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.
VAR2004-00033 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITION OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Durham Oaks Subdivision (SUB2002-00009).
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is bordered on the north side by a church, on the east side by a multi-family
complex, on the south side by the regional treatment facility, and on the west side by a
mixture of commercial and single-family uses. The proposal is to intrude into the 15-foot front
yard setback by 3 feet 9 inches to accommodate construction of a 3,511 square foot home.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.370 allows the following development
Adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this provision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to the front yard setback to allow the placement
of a house. The required front yard setback in the R-12 zoning district is 15 feet. According
to 18.370.020(B)(1)(a), a 3-foot, 9-inch reduction of this setback may be allowed provided the
following criteria are addressed.
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 affect;
The adjustment is being requested to allow the proposed structure to protrude into the front
yard setback. According to the applicant this is the minimum relief needed to allow
placement of the proposed home, and to ensure preservation of the healthy trees on the
corner of SW Durham and SW Hall Blvd.
VAR2004-00033 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
There is a stand of protected trees at the rear of this lot. The applicant has indicated the
protected trees on the site plan, and staff has visited the site to assure that the tree protection
measures are in place. This adjustment will not adversely affect the preserved trees if the
applicant continues to honor the tree protection plan as required in condition #14 of the
Durham Oaks subdivision decision (SUB2002-00009). This criterion is satisfied.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the size of the proposed home, and the location of the trees on the lot, there are
no other reasonable alternatives to the placement or orientation of the home that would
achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
otlce was mailed to the applicant and owners.
Final Decision:
setback Tjustment 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 APRIL 13, 2004
AND BECOMES EFFECTIVE ON APRIL 14, 2004.
Questions:
you u have any questions, please call the City of Tigand Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
1'~7 A Aril 13, 2004
Brad i y
Associate Planner
VAR2004-00033 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
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EXHIBIT
Buena Vista Custom Homes VAR2004-00033
Attn: Kyle McBride DURHAM OAKS LOT 19 SETBACK
6932 SW Macadam Avenue, Suite C ADJUSTMENT
Portland, OR 97219
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDewropment
Shapingfl BetterCommmunity
1, (Patricia G Gu d being first duly sworn/affirm, on oath depose and say that I am a SeniorA~fministrative Specia&t for
the City of 7igarashington County, Oregon and that I served the following:
(Check Appropdale Box(s) Below)
❑ NOTICE OF DECISION FOR: VAR2004-00033/DURHAM OAKS LOT 19 SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name 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 April14, 2004, and deposited in the United States Mail on April 14, 2004, postage prepaid.
(Person that repared N ce)
57,?l Of OUGOX
qqun V anf jemgton ss
Subscribed and sworn/ affi ed before me on the day of , 2004.
r . OFFICIAL SEAL
J BENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368M
MY COMMISSION EXPIRES APR. 27, 2007
MY Commission Expires: ~ ~
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): 151 VS gW A-v&~% V
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): -Tax !22fe - 2 S 1VV e I ZGC
Ta\ae Lots _ I Zoo I I yoo ► i w &
Site Size: Case No.: VA-K X90 f -OsXD 3 3
Applicant*:13uctng VI64, Ct-s&nl ~trC Vyezi Other Case No.(s):
Address: 6932 51„e c~c~o SuOc C
City/State: 4i,+luN OK Zip: 972.19 Receipt No.: ~ - (3 9 ~
Primary Contact: Irv L pit- oalrz- Application Accepted By:
Phone: 1(503) 710 - '9115 Fax: (5-03) 621- lob
Date:
Property Owner/Deed Molder(s)*: (Attach list if more than one)
Bu -ec7 VmI4 g C-V Date Determined To Be Complete:
Address: C`i32 sw ~ ..!c~c~c-tea Phone: 03 L NI-6033
City/State: Pc4.t Jc o&9 rig Zip: X7,21!!)
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)
must sign this application in the space provided on the back of this
Rev. 2/2812003 is\curplnkrtastersUevised\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 REQUIRED SUBMITTAL ELEMENTS
Community Development Code (please circle ,one only):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>Special Adjustments: ✓ Application Elements Submitted:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density Application Form
♦ Landscaping Adjustments - Existing/NewStreetTrees 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 ICI Site/Plot Plan (6 copies)
♦ Washington Square Reg. Center Density Adjustments ite/Plot Plan (reduced 81/2°x 11")
Please state the reason for the Adjustment request: Applicant's Statement
Addressing Criteria Under Section 18.370.020)
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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 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
App ' ant/Authorized Agent Signature 7 Si na ure
Owner's Signature Owner's Signature
2
CITY OF TIGARD 4/5/2004
13125 SW Hall Blvd. - 10:09:19AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000001380
Date: 04/05/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00033 [LANDUS] ADJUSTMENT 100-0000-438000 210:00
Line Item Total: $210.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount Paid&L
Check BUENA VISTA CUSTOM HOMES KJP 4243 In Person 210.00
INC
Payment Total: $210.00
ki r 0~ ~i_ li •Vl. r 7 :ti'' { s1~7 g-_ i3'-.; .~iYc`.!,°fci~tiia _u Lz : __.=i:. t:.~ .y::., _ ..`.-\':i . E _ _'~•s 1 .
~ 4243
WASHINGTON MUTUAL BANK
• BUENA VISTA CUSTOM HOMES, INC. t % Portland, Oregon
6932 S.W. MACADAM AVENUE, SUITE C 19-7076/3250 4/1/2004
PORTLAND, OREGON 97219
(503) 443-6033-
PAYTOTHE City of Tigard $ *•210.00
•
ORDER OF
Two Hundred Ten and 00/100*******************s*sss**s**sss*ss**ssss*ss**sss*sss*s**s*********ss*s***ss**s***s*
DOLLARS
City of Tigard
MEMO
- - D019-adjustment - - - _ 5
"^V~;°t '_,a L' ~r;•i.;- Cyy':
a`~r1LToici'3`.'u~IT_•.V'~1.:'ia`;L~n{f'i,Ci!- 43
Page 1 of 1 cxeceipt.rpt
a'n M Kit, THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to.,
Buena Vista Custom Horses
6932 SW Macadam, Ste C
Portland, OR 97219
Until a change Is requested all tax staternents
shall be sent to the following address:
Buena Vista Custom Homes
6932 SW Macadam, Ste C
Portland, OR 97219
File No.: 7034-733152 (G)M)
Date: February 12, 2004
STATUTORY WARRANTY DEED
ECF Durham Oaks, LLC, a Oregon Limited Liability Co, mpany, Grantor, conveys and warrants to
Buena Vista Custom Homes, a Oregon Corporation, Grantee, the following described real property
free of liens and encumbrances, except as specifically set forth herein:
Lots 1 - 27 Inclusive, Durham Oaks, In the City of Tigard, County of Washington and State of
Oregon, TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, AND TOGETHER WITH AN
UNDIVIDED INTERST IN TRACT B.
This property is free from liens and encumbrances, EXCEPT:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TrrLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN
ORS 30.930.
The true consideration for this conveyance is $1,917,000.00. (Here wn#y with reriuirements of ORS 93.030)
Page 1 of 2
0
APN: Statutory Warranty [Teed File Na: 7034-233152 (GIN)
- ODnLlnUed Date: 02/1212004
ECF Durham Oaks, an Oregon Limited
Liability Company
By: Charles J. Fe g,, #eAber'-\j
By: Graham L. Colton„ Member
Lj; J. nyon gon. Member OF111 Ai-SEM&
GLORIA MILLER
Cgmmu 0n ra 35M
My COMMiSSigN QfPI#iF$ APR. 16, 2006
STATE OF Oregon )
)ss.
County of Washington }
-this instrument was acknowledged before me on this `~2t)
by Charles J. Fettig, Member andGraham L. Caito r and I Kenyon Eagon, Member, of
the ECF Baseline, LLC, an Oregon Limited U
v1d
Gloria Miller
Notary Public for Oregon
My commission expires: 4-16-2006
Page 2 of 2
The purpose for this attachment is to address the adjustment approval criteria
a. The adjustment is requested based upon Buena Vista's arborist recommendations. His
recommendations are the least required to achieve the desired effect. Please see attached
sheet from arborist Walt Knapp
b. The purpose for the adjustment request is to preserve protected trees and enable Buena
Vista Custom Homes to build on lot 19 in Durham Oaks
c. Lot 19 is at the opposite end of the neighborhood from the entrance. The adjustment
will not impede adequate emergency access in any way.
d. There are no reasonable alternatives to achieve the desired effect. The proposed
adjustment is the only way to build safely. This is based upon the recommendations of
arborist Walt Knapp
Wait _p
Subject: Site mtg
Location: Durham Oalc Y
Stut Wed 3/2412004 8:30 AM
End: Wed 312412004 9:30 AM
Recurmnee: (none)
Meeting Status: Meeting organizer
Required Atllandees: Mad Stine; Brad) Tigard (Kilby
Contacts: Kyle McBride; Brad Kilby; Matt Stine
We met on the site to discuss the proposed development within the tree protection zones on the site. There are two general areas
affected by Buena Vista's proposed development; the corner grove of Douglas-firs (Hall and Durham), and the bigleaf maple near the
church parking lot.
Doaglas4lr grove. The tree grove in this area has had impacts from previous construction activities on the site, including
installation of sidewalks and utilities on the street side. The cumulative impacts make it imperative to limit additional damage to the
trees, particularly their roots. With that in mind, we had previously explored the root zones for proposed house foundations, using
CThe to expose roots that would be affected. Depth of excavation was 18-24". Findings and recommendations are as follows:
lding lot on the south has a large tree root within the foundation profile. This is an important root to protect and
e. Additional roots within the proposed house location are either deeper in the soil profile (>2) or limited by the old
at occupied the site. Rx Move the foundation location forward on the lot to the extent possible. Hand digl AirSpade to
e Ioc~tion on the large root within the new foundation. Use a bridge footing 1 grade beam foundation in this part of the
llow the root to remain. No excavation should be done within the footprint except for removal of debris from the
s house, or minimal grade reduction under the direct supervision of the arborist. Fencing can be adjusted to conform
building footprint.
ding lot on the north has many roots that would be affected by building. Some of these roots are very large, even at a
distance of 8-10 feet from the tree. The effects of building on this lot would be extreme; it is higbly probable that the tree would
die or fail in high winds. Rx: Building on this lot is not compatible with preserving the tree.
• All trees in the grove will need to be safety pruned to remove dead wood and weak branches. The crown should be lifted for
clearance, but not beyond, and crown thinning is not recommended. The arborist should be contacted prior to pruning to discuss
the pruning specifications with the tree service contractor.
Maple tree. The maple tree near the church parldng lot is leaning over the proposed building site. The lean appears to be self
corrected (the upper crown is correcting to vertical). Two large roots in close proximity are important for the tree's vitality, they
should be preserved by bridging the foundation over them. Additional soil disturbance should be avoided to ensure that the tree's
stability is not jeopardized. The tree is not a good specimen, and should be monitored annually for safety and condition.
Porches vs. decks. We discussed the proposed slab porches, which would extend further into the tree root zones and impact the
trees. Rx: No slab porches should be built within the tree protection areas. Decks are a suitable substitute that would reduce impacts
to the trees. Foundations for deck piers should be hand excavated, and if large roots are found, they should be bridged or the pier
moved.
The project arborist or his alternate must be on site during work within the tree protection areas. Thus far, Buena VZOa has done a
good Job in ensuring coor n of building and tree promcooa.
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MR fY ISET 1 OP CIVIL DRD.lSJIN56 (TREE E-4 ~
PREOERVATIOM AND LANDSCAPE PLAN)
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f 3' TO 4'o IMEASURED AT SASE: LEDEND
• Fv;a ED STREET TFEE TOTAL 34. TOTAL NICWES • 5' x 94 187'
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