VAR2004-00038
• • EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004.00038
CITY OF TIOARD
MASTERPIECE FRONT YARD SETBACK ADJUSTMENT Community(Development
Sha ingABetterCommunity
120 DAYS = 8/18/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: MASTERPIECE FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00038
PROPOSAL: The applicant has requested an adjustment to the front yard setback to
reduce the setback from 15 feet to 12 feet to accommodate construction of
a new single-family residence.
APPLICANT/
OWNER: Masterpiece Construction, Inc.
14225 SW 128th Place
Tigard, OR 97224
LOCATION: 14560 SW 120th Place; WCTM 2S11013C, Tax Lot 9700.
COMPREHENSIVE
PLAN
DESIGNATION: R-7, Medium Density Residential.
ZONING
DESIGNATION: R-7: Medium Density Residential District. The R-7 zoning district is
designed to accommodate attached single-family homes, detached
single-family homes with or without accessory residential units, at a
minimum lot size of 5000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivision are also
permitted outright. 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.
VAR2004-00038 MASTERPIECE 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
Wall Minor Land Partition (MLP2003-00001).
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 all sides by single-family residences. The proposal is to intrude
into the 15-foot front yard setback by three (3) feet to construct a 2,855 square foot single
family residence. The site is Parcel 1 of a three lot minor land partition previously approved
under file MLP2003-00001. The only portion of the proposed home that will be within 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 a larger separation from neighboring properties which is important for
in-fill sites like the subject property.
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 covered porch within the required front setback. According to the applicant the requested
adjustment is to provide a larger back yard and maintain the aesthetic quality of the home.
The required front yard setback is 15 feet. A 3.75 foot reduction of this setback may be
allowed provided the following criteria are addressed. The request is for a reduction of three
feet; this reduction falls within the allowed limits.
A development Adjustment shall be granted if there is a demonstration of compliance
with all of the applicable standards:
VAR2004-00038 MASTERPIECE SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
A demonstration that the Adjustment requested is the least required to achieve the
desired affect; .
The adjustment is being requested to allow for placement of the proposed porch: This is the
minimum relief needed to allow placement of the desired house plan. The reduction is less
than the 25%.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
According to the file MLP2003-00001 there is only one existing tree on the site, a 30 inch
English Walnut. Because it is located in the far Northwest corner of the rear yard, the
projection into the front setback will have no impact on the tree.
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.
The desired effect is to maximize the size of the rear yard. There is no other reasonable
alternative to reach the desired effect.
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 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 12, 2004
AND BECOMES EFFECTIVE ON MAY13, 2004 .
Questions:
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.
(21 k lam. C~4 May 12, 2004
TPPROVED BY: ery alnes DATE
Planning Technician
VAR2004-00038 MASTERPIECE SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
CITY of TIGARD
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SW CHANDLER DRIVE N ~I
GEOGRAPHIC INFORMATION SYSTEM
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Information an this map is for ' general location only and
should be verified with the Development Services Division.
13125 SW Flail Blvd
Tigard, OR 97223
(503) 6394171
httpJ wwv.d.tigard.or.us
community Development Plot date: May 12, 2004; C:\magic\MAGIC03.APR
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDeuclopmcnt
Shapingfl (Better Com tit unity
I, Patricia L. Gu being first duly sworn/affirm, on oath depose and say that I am a Seniorininutrative Specktrut for
the City of 7igar ashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
NOTICE OF DECISION FOR: VAR2004-00038/MASTERPIECE SETBACK ADJUSTMENT
O 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 MOV12,2004, and deposited in the United States Mail on MOV12,2004, postage prepaid.
i
(Person th t P ar otice)
94ATZ Of 04SEGON
County of JJi>rtgton SS.
City o.T,14ar jl-~
Subscribed and sworn/affirmed before me on theQ_ day of '2004.
OFFICIAL SEAL W
SUE ROSS
NOTARY PUBLIC-OREGON
COMMISSION NO. 375152
MY COMMISSION EXPIRES DEC. 1, 2007
CAV,
NOTARY "W~IC Of OREGON
MV Com iss n Expires: «J1-01
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297
GENERAL INFORMATION Cc'
Property Addres Location(s): L S L(_/ 0 T
\cL la i(. FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 3 6!q~A r~
Site Size: Case No.: \ ]Pr R a0011 - 00 0 3 8
Applicant*: T Z CkYO( C~tc G(% L.-S' T- i C- - Other Case No.(s): $A S"r.2oor) -oo t i 9
Address: 1 ~Z C 4.Z 12c ~
,~l 2zc~ Receipt No.: City/State: Zip: oZ o o
Primary Contact: f l l2 IC--/ Application Accepted By: C ~
Phone: 5 u3-'~ S 0- S S `Y a Fax: 63-S-Y-Y37/
Date: o - o ~
Property Owner/Deed Holder(s)*: (Attach list if more than one)
(K & !2 12 10L Cn, t-- C/-- Date Determi ed To Be omplete:
Address: C 1A Phone: *-;20-0 -
Comp Zip:
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant Kea Den Res 4R-7
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. 2/28/2003 is\curpln\masters\revised\adjustment-t.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
>Development Adjustme - Front Ya Interior Setbacks and Lot Coverage
>Special Adjustments: ✓ Application Elements Submitted:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density E F Application Form
♦ Landscaping Adjustments - Existing/NewStreetTrees Owner's Signature/Written Authorization
♦ Parking Adjustments - Reduction in Stacking Lane Length
t 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 le
• Washington Square Reg. Center Density Adjustments ❑v' Site/Plot Plan (reduced 8t/i'x 11")
Please state the reason for the Adjustment request: [r 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
subiiect 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.
ll a
DATED this ZV day of rtzc 20 6
cc-u, Q::~n Q,&~ 0
Applicant/Authorized Agent Signa a Owner's Signature
Owner's Signature Owner's Signature
2
CITY OF TIGARD 4/20/2004
13125 SW Hall Blvd. 2:42:39PM
Tigard, Oregon 97223
2i (503) 639-4171
Receipt 27200400000000001627
Date: 04/20/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00038 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $210.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount P~
Cash MASTERPIECE CONSTRUCTION CAC In Person 220.00
Change CITY OF TIGARD CAC In Person (10.00)
Payment Total: $210.00
•
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A.SETTLEMENT STATEMENT U.S.DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
OMB No. 2502-0265
Escrow Number. 65ee 11486 ET B. F LOAN
1. ❑ FHA 2.0 FmHA 3. ❑ CONV.UNINS. 6. File Number: 7. Loan Number: B. Mortgage Insurance Case Number:
4. ❑VA 5.0 CONV.INS. 260608
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the
settlement event are shown. Items marked "(p.o.c)^ were paid outside the closing; they are shown here
for informational purposes and are not included in the totals.
D.NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SET-TM/TAX I.D.No.: F. NAME AND ADDRESS OF LENDER:
Masterpiece Construction, Inc George Wall
Allan Danforth, President
14225 SW 128th Place 1620 SW Bull Mountain Road
Portland, OR 97224 Tigard, OR 97224
G.PROPERTY LOCATION: H.SETTLEMENT AGENT:
Parcels 1,2 &3, PP 2003-41 CHICAGO TITLE INSURANCE COMPANY OF OREGON
Washington County, Oregon 633
PLACE OF SETTLEMENT: I.SETTLEMENT DATE:
9900 SW Greenburg Road #180
Portland, OR 97223
J. S[MVIARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSAC rION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS A14DLR T DUE M SELLER:
101. Contract Sales Price 280 000.00 401. Contract Sales Price
102. Personal property 402. Personal property
103. Settlement charges to borrower (line 1400) 421.75 403-
104. 404.
105. 405.
Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance
106. City/town taxes to 406. City/town taxes to
107. County taxes to 407. County taxes to
108. Assessments to 408. Assessments to
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE 420. GROSS AMOUNT DUE
FROM BORROWER 280 421.75 TO SELLER
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. Danforth Funds to Close 50 000.00 504. Payoff of first mortgageloan
205. Rec'vd Parcel 1 - Proceeds 62 320.70 505. Payoff of second mortgageloan
206. Rec'vd Parcel 2 - Proceeds 62 320.70 506.
207. Rec'vd Parcel 3 - Proceeds 83 761.50 507•
208. 508.
209. 509.
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210. City/town taxes to 510. City/town taxes to
211• County taxes 07/01/03 t007/30/03 158.79 511. County taxes to
212. Assessments to 512. Assessments to
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TEL PAID BY FOR 520. TOTAL REDUCTICN AN T
BORROWER 258 561.69 DUE SELLER
300. CASH AT SEZTLIIMERT FRRCM/TO BORROWEEt 600. CASH AT SETTLEMEW TO FROM SM-TER
301. Gross amount due from borrower (line 120) 280,421.75 601. Gross amount due to seller (line 420)
302. Lessamounts paid by/for borrower (line 220) 258,561.69 602. LessreductionBinamount due seller (line 520)
303. CASH (W FROM) (O TO) BORROWER 21,860.06. 603. CASH (0 TO) FROM) SELLER
Previous edition is obsolete. HUD-1 (8-87)
RESPA, HB 4305.2
AFTER RECORDING RETURN TO:
Masterpiece Construction, Inc
Until a change is requested all tax
statements shall be sent to the following
address:
Escrow No: 6500-11486-LT
Order No: 260608
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
GEORGE WALL
Grantor, conveys and warrants to MASTERPIECE CONSTRUCITON, INC., an Oregon corporation
Grantee, the following described real property free of encumbrances except as specifically
set forth herein:
Parcels 1, 2 and 3, PARTITION PLAT 2003-41 and an equal and undivided interest in and to
Tract "A", Partition Plat 2002-68, all in the City of Tigard, County of Washington and
State of Oregon.
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 title 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.
ENCUMBRANCES:
1. The premises herein described are within and subject to the statutory powers
including the power of assessment of Clean Water Services.
(Continued)
The true consideration for this conveyance is $280,000.00
Dated if a corporate grantor, it has caused its name to
be signed by order of its board of directors.
George Wall
STATE OF OREGON, County of )ss.
This instrument was acknowledged before me on ,
by
This instrument was acknowledged before me on
by as
of
Notary Public for Oregon
my commission expires:
Encumbrances, continued •
2. An easement created by instrument, including terms and provisions thereof.;
Dated: November 20, 2001
Recorded: November 21, 2001
Recorder's Fee No.: 2001-120571
In Favor Of: Adjacent property owners on the west
For: Use of private street for ingress and egress
Affects: The Southwest corner of Tract "A"
The above document was re-recorded by instrument,
Recorded: December 21, 2001
Recorder's Fee No.: 2001-133734
Said easement is also delineated upon the recorded partition plat.
3. Easements as dedicated or delineated on the recorded Partition Plat No.
2002-68.
For: Public and private storm drainage facilities, public
sidewalk, sanitary sewers, water and other public and
private regulated utilities
Affects: 8 feet along parcel lines abutting Tract "A"
4. Easements as dedicated or delineated on the recorded Partition Plat.
For: 20 foot wide public sanitary sewer and private storm
drainage
Affects: A portion of Tract "A", a 1 foot strip along a portion
of the East line of Parcel 3 and the West 2 feet of
Parcels 1 and 2
5. Covenants, conditions and restrictions as shown on the recorded plat.
6. Restrictive Covenants regarding street improvements, including the terms and
provisions thereof and including among other things a waiver of right of
remonstrance;
Recorded: September 20, 2002
Recorder's Fee No.: 2002-109977
7. Covenants, conditions, restrictions and easements, but omitting restrictions,
if any, based on race, color, religion, sex, handicap, familial status or
national origin, unless and only to the extent that said covenant, (a) is
exempt under Chapter 42, Section 3607 of the United States Code or (b) relates
to handicap but does not discriminate against handicapped persons, imposed by
instrument, including the terms and provisions thereof.
Recorded: September 20, 2002
Recorder's Fee No.: 2002-109978
Said covenants, conditions and restrictions contain among other things
provisions for levies and assessments of the Homeowners Association.
8. Declaration and Maintenance Agreement for On-Site Storm Water Facilities,
including the terms and provisions thereof;
Recorded: March 17, 2003
Recorder's Fee No.: 2003-039315