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VAR2004-00063 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2004.00063 CITY OF TIGARD WHISTLER'S WALK NO.2 REAR YARD Community(Deve(opment Sfiaping A Better Communit SETBACK ADJUSTMENT 120 DAYS = 11/03/2004 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK NO. 2 REAR YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2004-00063 PROPOSAL: The applicant has requested approval for an Adjustment to the rear yard setback to reduce the setback from 15 feet to 11 feet to accommodate construction on lot #93 of the Whistler's Walk Subdivision while saving existing trees (SUB2002-00003). APPLICANT/ OWNER: Don Morissette Homes, Inc. 4230 Galewood Street, Suite 100 Lake Oswego, OR 97035 LOCATION: 12051 SW Whistler's Loop; WCTM 2S103CC, Tax Lot 14600. 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 VAR2004-00063- WHISTLER'S WALK NO. 2 SETBACK ADJUSTMENT PAGE 1 OF 3 CONDITION OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: Submit tote Planning Division (Mathew c ei egger, 639-4171, ex t. or review and approval: 1. Provide a site plan that shows the proposed home with a rear yard setback of 12 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 93 of the Whistler's Walk No. 2 Subdivision. No other land-use cases are associated with this parcel. Site Information and Proposal Description: The applicant has requested an adjustment to the rear yard setback to reduce the setback from 15 feet to 11 feet to accommodate construction while saving existing trees in the front yard. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.1.b provides that up to a 20% reduction of the dimensional standards for the side and rear 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, allowing the proposed nook portion of the house to enter into the rear yard setback only requires one variance. However, the applicant has requested to reduce the rear yard setback from 15 feet to 11 feet. The Tigard Development Code allows a maximum reduction of 20%. Therefore, the applicant may only reduce the rear yard setback to 12 feet. The adjustment will result in the preservation of trees, if trees are present in the development area; The applicant has shown two trees in the front yard of the subject lot which will be saved because of the requested adjustment. Therefore, this standard has been satisfied. NOTICE OF TYPE I DECISION VAR2004-00063- WHISTLER'S WALK NO. 2 SETBACK ADJUSTMENT PAGE 2 OF 3 The adjustment will not impede adequate emergency access to the site. The request is for a rear 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. The desired effect is to build as far away as possible from the saved trees at the front of the property. Therefore, the requested adjustment is the least needed to achieve the desired effect. FINDING: Based on the analysis above, the development adjustment standards have not been satisfied. If the applicant complies with the condition listed below, the standard will be met. CONDITION: Provide a site plan that shows the proposed home with a rear yard setback of 12 feet. SECTION V. PROCEDURE AND APPEAL INFORMATION A side 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 20, 2004 AND BECOMES EFFECTIVE ON JULY 21, 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. July 20, 2004 PREPARED Y. ew Sch d gger DATE Associate Planner NOTICE OF TYPE I DECISION VAR2004-00063- WHISTLER'S WALK NO. 2 SETBACK ADJUSTMENT PAGE 3 OF 3 CITY of TIGARD I n GEOGRAPHIC INFORMATION SYSTEM 1 p VICINITY MAP MARION ST ~p of ~ ~O co" " VAR2004-00063 o ow S "U WHISTLER'S WALK N0.2 E~ SETBACK ADJUSTMENT Z y N SITE N AY ORS FER TALON LN G ao WHISTLER'S ^ Y y~ T JY W WHISTLER'S LP NJ FAIRVIEW Lf eEEF eEIap ~GtIR1taM RD /f T Tigard Area Map L a Q A N 0 100 200 300 400 Feet Q 1'= 309 feet R 3# tb ~o SW GAARDE ST City of Tigard SW GAARDE ST GAARDE Information on this map is for general location only and should be verified with the Development Services Division. 23 Blvd 13125 SW Tigard, , O olx Hall 2z3 SW AMES LANE n 9n Ela (503) 6394171 Lll hit Mwwv.ci.tigard.or.us . Community Development Plot date: Jul 20, 2004; CAmagicVvIAGIC03.APR 2S103CC-14600 DON MORISSETTE HOMES INC EXHIBIT 4230 GALEWOOD #100 LAKE OSWEGO, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community rDeve6pyrrent S(Iapingfl Better Community I, Tatrtcia L Lu Q being first duly sworn/affirm, on oath depose and say that I am a Seniorfldministrative Specra&t for the City ofTigar ashiagton County, Oregon and that I served the following: (Check Appropriate Box(s) Below) NOTICE OF DECISION FOR: VAR2004-00063/WHISTLER'S WALK N0.2 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 WIN "I", and by reference made a part hereof, on 1nIV 20, 2004, and deposited in the United States Mail on IoIV 20, 2004, postage prepaid. (Person at Prepared No 'ce) SZE&ooO~T OUGON City o?~gartf Subscribed and sworn/affirmed before me on the day of , 2004. OFFICIAL SEAL SUE ROSS :NOTARY PUBLIC-OREGON COMMISSION N0.375152 MY COSSION EXPIRES DEC. 1, 2007 f _D MY Co sslon Expires: I 1 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): p FOR STAFF USE ONLY Tax ap & Tax Lot #(s): Site Size: Case No.: 2©~~f~oom_ Applicant*: Other Case No.(s): Address: ~ -arm P . X00 Receipt No.: 2-03 4 Zq 1 - L-City/State: Zip: 9-1035 Primary Contact: yy-)C rT e_ Application Accepted By: ?riI/1S Phone: ~p3'3~ l--1Co00 Fax:vjo3-i g1-"~1'-1 Date: Property Owne Deed Hol er(s)*: (Attach list if more than one) Date Determined To Be Complete: Address: \e . hone: --I QK:) City/State: (rate. OSw~0.o , OR- ;Zip: 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) 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-t.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 >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 0 Application Form ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal Owner's Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower / Title Transfer instrument or Deed ♦ Washington Square Reg. Center Density Adjustments 11 Site/Plot Plan (6 copies) Please stat the reason for the Adjustment req est: W co- Site/Plot Plan (reduced 8ya"x 11") Cc cA45 ~n CIZa~ p,C • D 3 S 2e~ 0 (A Q_ ~ Applicant's Statement (Addressing Criteria Under Section 18.370.020) Av\c)A e- r 0a .11 )02 ]e Filing Fee-$29b-e0 ~ 7 ~ ~ e se e- k S. ~2 210 e a\-k W 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 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 / , 20P4~ Authorized Agent Signature Owner's Signature s Signature Owner's Signature 2 CITY OF TIGARD 7/20/2004 13125 SW Hall Blvd. 12:59:12PM Tigard, Oregon 97223 ' (503) 639-4171 Receipt 27200400000000002912 Date: 07/06/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00063 [LANDUS] ADJUSTMENT 100-0000-438000 217.00 Line Item Total: $217.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount P2d1L Check VENTURE PROPERTIES 5726 In Person 217.00 Payment Total: $217.00 • Page 1 of 1 cReceipt.rpt Type 1 Adjustment Application RE: The following includes the Applicant's statement: According to section 18.370.020 B. Development adjustments 1. Sub point b. the Interior setbacks can be reduced up to 20%. 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: By allowing the nook portion of the house to enter into the rear yard setback, requires only one variance request. b. The adjustment will result in the preservation of trees, if trees are present in the development area: Comments: Tree 3209 would be retained if the variance application is granted. c. The adjustment will not impede adequate emergency access to the site. Comments: Emergency Access is not affected. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Comments: Of the solutions possible, this request if granted, asks for the least adjustment. Idilk DON • MORISSETTE OBE: 3195 4 8 HOMES G ALE W O O D INCORPORATED T R ETE T LOT: 99 L o sj a e°' e y d a e' FAX OREGON o a) e e y y e i a DATE: 06/08/2004 PROPERTY: WHISTLER'S-WALK-II CITY: TIGARD LECiEND SCALE: 1"=20' PLAN No.: 194 -EXISTING SEQUOIAS: OPTION-1 ELEVATION TO BE PROTECTED THREE CAR GARAGE -STREET TREES: 0 PYRUS S CALLERYANA 'GLEN'S FORM' 041,S .621 EL■3l6' n. 77 TEMPORARY CONST. 8' Aye d FENCE ~'aN 310 P. ?14: Iota / T, 78' 7 518 sq. ~ 3 car ~f.E. Air. - / ry 312 a / 776' 1 3.320 eq b~d~ . Pt. % ~ .E. 31955' a L -Z~ ~ 319' 10• :r + + 76 315' 314 xl N A TIO' 'r EL■323' 31ro 19.52' EL■318' 322 318 320 LOT COVERAGE LOT AREA: 1,482 SQ. FT. BUILDING AREA: 2,252 SQ. FT. LOT •93 PERCENTAGE: 30.19. 1,482 sq. ft. DON • MORISSETTE OBE: 3195 H0mZs INCORPORATSD LOT: 93 4 2 9 0 G A L E W O O D S T R E E T LAZE OawEaO, OREGON 97035 DATE: 08/08/2004 Aht(503)387-7538 F A X (503)387-7615 PROPERTY: WHISTLER'S-WALK-II CITY: TIGARD LEGEND SCALE: 1"=20' PLAN No.: 194 EX15TING SEQUOIAS: OPTION-i ELEVATION TO BE PROTECTED TSREE CAR GARAGE -STREET TREES: 0 PYRUS S CALLERYANA s 'GLEN'S FORM' U418 Zms 4L ~•.7 TEMPORARY CONST. 8~ p~' o d,:.;• FENCE \ \ ~ \ .'313'. .,~in A / 0 \ 1'312' Ln 310 317' 7 7, ''r,• :i.: 0 V 221. 3 ~r 3 4r jn 312 / AN ?7•B. o~ / 23.5. 3 b~ h119 n. 3 95$, S'.0. / 319 10' p / h L _ 26 Ml a v.: 10k10 - 315' ?ar1o ' 314 EL•3Z3' 31ro X952' EL=318' 322 316 ` I 320 LOT COVERAGE LOT AREA: 1,482 SQ. FT. BUILDING AREA: 2,252 SQ. FT. LOT •93 PERCENTAGE: 30.15. 1,482 eq• ft. laLW FOMAGE 10 AN EOTri4TED FrAWL R MAY VARY. -ALL DMEPQ ME ARE MMTM, SOME MAY VARY. TL ARE MW8 #4W FOR FLAT Lora F MAOOFKY 18 NCUVW Q A N FLAK T14M M AN APOMIONAL C"ME ■ NOM NTE b NOT FLAT. WGIRECIRAL DF AMM ARE EWMTEE Q NOW 14" LLL LOOK E-4 E- E-4.4 a IL 1~ Illy 11111 TOP FLAM NEKYfr w o Wah• VV 11 a 0 U ~z H uli 11 111 GEC.OND PM NEIWr O ~ MY 1 11 1111 111 w ~ TOP rL.4TE 00 ~0 ~W _AL aFN1EIED Milt NEI3NT a O C "F 00 aao 00000 Q~ ooa 00000 000 00000 OPTION 1 ELEVATION 6.12 Q M.MI No. 194-opno i DRAM BY, CA DATE 06/0&2004 rOP FuTE NEGNr SCALE: 1/4'• w-7M• fO.E: 3199- . DRAOANG9: EXTERIOR OL MUM ,,,t 1413,,,T ELEVATION OPTION-1 TOP FLATS W-V ae 194 REAR ELEVATION COTTAGE v..r.m- 3,320 UI FT. •s w 6 e ~ x x x 4 ~x k 2 7'-D' 9'-D' 41'•D' a'-D' 0 71•-D• 1D-D• ~y P .L _ I W 3 ~ 1 1 Y ~ ~p 1 6 P I v e I i s q 6~ ~ P I I tnQ ~ R I A W A V• B D ~s. a e sD~ R a aD $ a P O 1'•D 19'-D' P 6 -y1 - Y /V -tt I I a V s Ial Iml a-73-671-B1 V-7' ! I_ - s DEEP 50F IT u r__ 6 _ P I'.D• I A 1'.©• I•.D• 0 I~ B 3 0 3 2'1 LR' L-- I'-6I I BdR lal r I m l v y U VAN IL 0 @ ~ ~,J I~I 6 ~ fP F I 1 I - ~ I I ~ r p ti \ I I _ a a$b I I 9 I I ~ E I 1 p Q. • Q _ •4LOAAC OL 4Aft" •L 4'-9. /0p ~ r-o• ai•-D• 4••D' X 93'•D' C~ DON MORISSETTE H 0 M E S I N C 0 R P 0 R A T E D 10'•O' 39'•0' 4'•0' 7'.0' 3'-0' 34'-0' 10'•0' R~ Ir-- YOA~O ~L ■ ~e' J ~ ~ vj B O y~ MC EI-ryW w P P W pQI2~~ N Q P yH ~ ~ ilia e r P rn w A ~ y~ II'-0• 1'.4' e N P 6 e w n t' P d Q ~ P C 6 w Q Q I 6'-0• 9'-6• I 4 1 I l u~ m a- 1 I I I a ® ~ ~ 4 a O w a 1 IWLIC-N ~ I I a o w e c 0 • N ~ O 214 1 - - I 1 - •,e a-rva~ ~ a II " 11 0 II ii ~a A -D A ♦ w 1 N 6 I~ = I V2 P f I 9 N - - 4 a 4AV*W GL. - W 0 II'•10' 3'•10' 10'-O' 9'•0' 34'-0' 4'-0' 93'•0' C Eom oro ,.P om DON MORISSETTE H 0 M E S I N C 0 R P 0 R A T E D