VAR2004-00069
EXHIBIT A
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NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004.00069
CITY OF TIOARD
BONAVENTURE REAR YARD SETBACK ADJUSTMENT Community Developmcnt
Sha ingA&tterCommunity
120 DAYS = 12/21/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: BONAVENTURE REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00069
PROPOSAL: The applicant has requested a 20% adjustment to the rear yard setback to
reduce the setback from 15 feet to 12 feet to accommodate construction of
a kitchen nook.
APPLICANT: Craft Master of Oregon
6663 SW Beaverton Hillsdale Hwy, Suite #220
Portland OR 97225
OWNER: Abbas Shokryani /Julia Hajimand
8464 SW Bonaventure Lane
Tigard, OR 97224
LOCATION: 8464 SW Bonaventure Lane; WCTM 2S112CC, Tax Lot 13100.
COMPREHENSIVE
PLAN
DESIGNATION: R-12, Medium-Density Residential.
ZONING
DESIGNATION: The subject property is located within the R-12 Medium-Density
Residential zoning 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.
VAR2004-00069-SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
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 subject parcel is Lot 6 of the Tania Park Subdivision (S89-07B), located adjacent to Hall
Boulevard at the end of Bonaventure Lane. The subject parcel is approximately 7,000 square
feet in size. The proposal is to intrude into the 15-foot rear setback by 3 feet to accommodate
construction of a kitchen nook.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.370.020 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 rear yard setback to allow construction of a
kitchen nook. The required setback is 15 feet. Provided the following criteria are met, a 3-
foot reduction of this setback may be allowed because it reduces the setback by 20 percent,
which is the maximum allowed for interior setbacks.
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 an addition to the kitchen to protrude into the rear
yard setback by three feet. The information submitted by the applicant shows that the
proposed seven by ten foot addition adjacent to the kitchen would be the minimum necessary
to make the addition practicable. Siting the addition in another location to avoid the
adjustment would also not be practicable because, by definition, a kitchen nook must be
proximate to the kitchen. The proposed adjustment request is in compliance with this
standard.
VAR2004-00069 -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;
An aerial photograph of the subject parcel shows that there are several mature trees on the
subject property. The applicant states that the trees are on the property line on the Hall
Boulevard side of the backyard fence. As a result, construction activity will not affect the trees
on the parcel and no trees will be removed as a result of the addition, consistent with this
standard.
The Adjustment will not impede adequate emergency access to the site;
The proposed addition is small (70 square feet) and located at the rear of the existing
dwelling. It will not affect emergency access to the subject dwelling or adjacent dwellings
from Hall Boulevard and Bonaventure Lane. The Adjustment will not impede emergency
access, consistent with this standard.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Siting the addition in another location to avoid or reduce the requested adjustment would not
be practicable because, by definition, a kitchen nook must be proximate to the kitchen. There
is no other reasonable alternative to the placement of the proposed kitchen nook, consistent
with this standard.
FINDING: Based on the analysis above, the adjustment standards have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
old t 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 SEPTEMBER 3, 2004
AND BECOMES EFFECTIVE ON SEPTEMBER 4, 2004.
Questions:
you o have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevar Tigard, Oregon at (503) 639-4171.
September 3 2004
a agenstec er DATE
As crate Planner
VAR2004-00069 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
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EXHIBIT..
Craft Master of Oregon VAR2004-00069
6663 SW Beaverton Hillsdale Hwy., Suite 220 7
Portland, OR 97225 BONAVENTURE SETBACK ADJUSTMENT
Abbas Shokryani & Julia Hajimand
8464 SW Bonaventure Lane
Tigard, OR 97224
FTIGARD
AFFIDAVIT OF MAILING CITY OLL
Community rDeveropment
S(apingf! Better Community
1, (Patricia L. Lu being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminirtrative Speck irut for
the City of 4igar as&inlyton County, Oregon and that I served the following:
(Check Appropriate Box(s) Below}
E E NOTICE OF DECISION FOR: VAR2004-00069/BONAVENTURE REAR YARD SETBACK ADJUSTMENT
❑ 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 September 3, 2004, and deposited in the United States Mail on September 3, 2004, postage prepaid.
(Person Uot*Pr'epared N ce)
Mgl~ OF OUGON
qqun >ti~i of ~ TTxegton SS.
°J' ~pSubscribed and sworn/affirmed before me on the day of ('~C_IkhgA _ '2004.
OFFICIAL SEAL
SUE NOTARY PUBLIC-OREGON
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ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297,,,.``
GENERAL INFORMATION , L
Property Addres 'Location(s): c~`~~D`T ~1o+yP,n~y~ Lh
FOR STAFF USE ONLY
Tax Map Tax Lot #(s):
Site Size: Case-No.: UTAkao ,-l - U()0-0 'I
Applicant*: C> M Dre Other CaseNo.(s): M81,aoo4 -O0a4
Address: S' ReceiptNo.: 7ool-lir3"71A
City/State: ZIP: 2 Al- K
Primary Contac : Application Accepted By: 0. CaAMy-
Phone: 5-03 --Ci 9,3 - ~ 1 Z Fax: So3 -Zui2 - i l 3~ Date: 8 - a3 ~ o 4
Pr perty Owngr/Dged Holder(s)*t !tt st if ore than one)
Date Determined To Be Complete:
Address: Phone: ro'3 -8278 - CV 2-
City/State: Zip: C,~ ;
Comp Plan/Zone Designation:
When the owner and the applicant are different people, the applicant De,. ReS Z P-- ( X
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 i:\curpln\mastersVevised\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 REQUIRED SUBMITTAL ELEMENTS
Community Development Code (please circle ,one only):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>SSpecial Adiustments: 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 om nication Facility Adjustments - Distance From Another Tower ❑ Site/Plot Plan (6 copies)
♦ Washington Square Reg. Center Density Adjustments ❑ Site/Plot Plan (reduced 8t/1"x 11")
Please state the reason for tl~e Adjustment request: <-J r 11ke.S ❑ Applicant's Statement
ec7c h ylaav- 9P -11-Q- (Addressing Criteria Under Section 18.370.020)
l~~'1-~L~~,.. -4~„ ✓~~~r e `Iv [P Filing Fee 2 k 7,,l
P )c c per{' Jurisdiction: ❑ City ❑ Urb
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 Cam day of r dJg0S _200
b b if gko lee,X I
Applicant/Authorized Agent Signature wn s i na
Owner's Si nature Owner's Signature
Z~ . ' 2
CITY OF TIGARD 8/23/2004
13125 SW Hall Blvd. 12:26:32?M
Tigard, Oregon 97223
(503) 639-4171 •
Receipt 27200400000000003741
Date: 08/23/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00069 [LANDUS) Development Adjust 100-0000-438000 217.00
Line Item Total: $217.00
Payments:
Method Payer User ID Acct/Check Approval No. How Received Amount P~
Check CRAFT MASTER OF OREGON CAC 1200 In Person 217.00
Payment Total: $217.00
Craft Master of Oregon. 964410232 6663 SW Beaverton Hillsdale Hwy.'Suhd 220 ' ~F~9aPlaenur 1200:-
r
Portland OR 97225 766 .6
"
503-8977172' Ee rr
Pay to the
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-77
Order of vT= 4~ I : ::COL = - .;-r a..
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FIRST TECH CREDIT UNION
- - - - - ' .
800-637-0852
POST OFFICE BOX 2100
BEAVERTON. OR 97075-2100 - - '
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For
6CHECK GALLERY. 199 STYLE P09 1 800-3 3540 -Ctte 4agBry.Wm - y PRWTk0 ON RECYCLED PMER USD,G YEGE A9L - ED WKS
Page I of 1 cReceipt.rpt
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CrInt■ stn■12 R NA LT
LtEN
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rev ~•lti y~!W .l1 IV ~.}Ylf~_~-/a+~1Of-..
Recording Requested Sy:
Golden West Savings
When Recorded Return To: 004970i02003020oQ$uf(tjttftl5
1, Jerry Manson, Director of Assstsment and Ta:pion
Golden West Savinqs Assoc, and @--0M0e Ce_••r; C!ert?rrr~:hington Ceu-,V,
P.O. BOX 3 4 9 5 7 orepon, do hently cartiry that the w mn intrument or r
San Antonio, o%a .9 !?calved and rtcrdad 1 60" of i
, T% 7o2 ' 5 - 4 35 i MC Oft Of Said County. Jsrty R. Manson, Director tusament and Tagtlon.
Fsumcio county clod
SUBSTITUTION OF TRUSTEE & DEED OF RECONVEYANCE
Golden West Savings Association Setvice Co 0:15397433 "SHOKRIYANI. 1D:22354S/ Washington, OR PIF:
The undersigned is the present beneficiary and owner and holder o~ l'ne Note and tFe`Deea••
of Trust, dated 09/12/2001 made by ABBAS SHOKRIYANI AND JILA HAJIMAND, HUSBAND AND WIFE as
the original Grantor(s), to FIRST AMERICAN TITLE INSURANCE CO OF ORE, as the original
Trustee, for the benefit of WORLD SAVINGS BANK, A FEDERAL SAVINGS BANK, as the original
beneficiary, which Deed of Trust was recorded on 09/13/2001, as Instrument No. 2001093391,
Book NA, Page NA, in the official records of WASHINGTON County, OREGON
The undersigned HEREBY SUBSTITUTES FIDELITY NATIONAL TITLE COMPANY, Trustee in lieu of the
above named Trustee under said Deed of Trust.
FIDELITY NATIONAL TITLE COMPANY hereby accepts said appointments as Trustee under said
Deed of Trust and, as Successor Trustee• pursuant to the request of said Owner and Holder
and in accordance with the provisions of said Deed of Trust does hereby reconvey, without
any covenant or warranty express or implied, to the person or persons legally entitled
thereto, all of the estate held by the undersigned under said Deed of Trust.
IN WITNESS WHEREOF, the present beneficiary and FIDELITY NATIONAL TITLE COMPANY have
caused these presents to be executed by their duly authorized officers on the dates below
written.
World Savings Bank, a Federal Savings Bank
By FIDELITY NATIONAL TITLE COMPANY
as T Ttee
On November 10, 03 On (DATE)
By: By:
CHR LI , ASST. VICE PRESIDENT
ERIC RUEDEMANN, ASST. VICE
PRESIDENT
State of Texas, County of eexar
I CERTIFY that on November 10, 2003 ERIC RUEDEMANN, ASST. VICE PRESIDENT personally came
before me and stated to my satisfaction that this person (or if more than one, each
person) : a) was the maker of the attached instrument; b) was authorized to and did
execute this instrument as ERIC RUEDEMANN, ASST. VICE PRESIDENT of the entity named in
this instrument; and . c) executed this instrument as the act of the entity named in this
instrument.
IN WITNESS WgREOF, I hereunto set my hand and official seal.
MERCEDES C. WHITBECK MERCEDES c. WHIMCK
Notary Expires: 12/02/2006 my Commissw EXPIRES
pgemw 2, Zoos
Orange (This area for notarial seal)
State of California, County of
On this IL- ;?I-a g , before me, a Notary Public qualified for said county, came
CHRISTINA LING, ASST. VICE PRESIDENT, known to me to be the identical person(s) who signed
the foregoing instrument and acknowledged the execution thereof to be their voluntary act
and deed.
witnesa~ ha d and seal on G• G)N?AZ
anuaa a1Y Y•. /•NU;npW
9 0
Craft Master oL 0 egon (503) 292-1177
6663 SW Beaverton-Hillsdale Hwy, #220, Portland, OR 97225
August 20, 2004
8464 SW Bonaventure Lane
Tigard, OR 97225
Applicant's Statement
For
Addressing Criteria Under Section 18.370.020
t~
12' rear yard setback proposed (20% reduction of the 15' setback)
2. Approval criteria.
a. The client desires a rear nook addition of 7. They would like an even larger one but 7'
is the max for the 20% reduction rule. A smaller addition would hardly be worth doing.
b. NO trees will be removed for this addition. Rear yard trees will be preserved.
c. There is emergency access to the site on both sides and 7' to the rear. The addition is
small and one story only. Additional rear emergency access would be possible from Hall
Blvd
d. This is an eating nook off the kitchen and there is no other place to put it except
adjacent to the kitchen. There is no neighbor to the rear so it won't crowd anybody else
and nobody else's sightlines will be affected
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