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VAR2004-00073 • EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2004-00073 CITY OF TIOARD KESSLER ESTATES NO.2 Community Development ShapingA BettcrCommunity LOT 22 SIDE YARD SETBACK ADJUSTMENT 120 DAYS = 2/18/05 SECTION I. APPLICATION SUMMARY FILE NAME: KESSLER ESTATES NO.2 SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2004-00073 PROPOSAL: The applicant has requested an adjustment to the side yard setback to reduce the setback from 15 feet to 13 feet to accommodate construction of a new single-family residence. APPLICANT/ OWNER: Buena Vista Custom Homes 6932 SW Macadam Avenue, Suite C Portland, OR 97219 LOCATION: 15065 SW 94th Avenue; WCTM 25111 DB, Tax Lot 16500. COMPREHENSIVE PLAN DESIGNATION: R-4.5, Medium Density Residential. ZONING DESIGNATION: R-4.5: Low Density Residential District. 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. VAR2004-00073 KESSLER ESTATES NO. 2 SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITION OF APPROVAL 1. Prior to issuance of any building permits, the applicant must attain approval for the residence from the Tigard Building Division. 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 located within Kessler Estates II subdivision (SUB2003-00013). The site is bordered on all sides by single-family residences. Twality Middle School is located directly north of the subdivision. The proposal is to intrude into the 15-foot side yard setback by two (2) feet to construct a 2,273 square foot single-family residence. There are two existing trees on site that must be retained per the Kessler Estates II tree preservation plan. (18" Cedar and 50" Sequoia) The location of these trees and being a corner lot with narrow dimensions contributes to the restrictive nature of the site. 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 street side yard setback to allow placement of a single family residence within the required setback. According to the applicant the requested adjustment is to place the home farther away from the existing trees to insure no damage is done to the roots. The required street side yard setback is 15 feet. A three foot reduction of this setback may be allowed provided the following criteria are addressed. The request is for a reduction of two 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: A demonstration that the Adjustment requested is the least required to achieve the desired affect; VAR2004-00073 KESSLER ESTATES NO. 2 SIDEYARD SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION The 13.33% adjustment is being requested to allow for placement of a single family residence. This is the minimum relief needed to allow placement of'the desired house plan. The reduction is less than the 20%. The Adjustment will result in the preservation of trees, if trees are present in the development area; Two existing trees found on the site must be retained per the approved tree preservation plan. Both trees are located midway along the north border of the property. Due to the close proximity to the building pad, the applicant has requested a side yard setback adjustment to build the residence into the setback opposite the trees. This minimizes the impact upon the existing trees. 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 construct the home away from the existing trees. 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: TT I e was mailed to the applicant and owners. Final Decision: setback justment 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 NOVEMBER 2, 2004 AND BECOMES EFFECTIVE ON NOVEMBER 3, 2004. Questions: you have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171. 0. November 2 2004 TPPROWED BY: ery alines DATE Planning Technician VAR2004-00073 KESSLER ESTATES NO. 2 SIDEYARD SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION rGVI KVV J I CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM > Ql < M Z ~ YI©HITY MAP N 0) 0) PINEBRI ST ~G VAR2004-00073 OCK ST KESSLER ESTATES NO.2 LOT 22 SETBACK N DJUST ENT G y RILYN CT 2 H rn w RE LE E > C Q SITE ~ ARME T I 0) R RD ~ r DAWNA " s z~< w cT WEST W Q F~ ST euutieT ~ T v oGNrA` TTLER Qs: DU = Y SAT BEEFEFND R0 a w Ix SUMMERFIEL CORTLAND Tgald Area Map Y ix 0 = W w w • L- N o ~ rn W S~ ~R a ALDE O~ W 0 100 200 300 400 Feet 1'= 314 feet SW PIF City of Tigard 1 j,l Inforrmoon on this map is for general location only and Flail BW should be verified T vAth the Development I 9141 B serv ces D v lion. r- http )A~.ci.tigard.or.us Community Development Plot date: Nov 1,"2004; C:\magic\MAGIC03.APR h:: f q,2 7 as 73 i5L6`- 9;CARD, OR PL I LISI - I'h01~0`~i_h S I I~t l_ I l ICI I. OPFt;ON WHI~F OAK UTILITY KFY: STREET TREES MUSS' r - - - - - SYNI;r)I : UTII.ITI: BE PER APPROVED - -0 S-1-OR M LA IEIRAL o ©[~9L~~P~J~`tT(~iEE P[L9 ~ a - FXISTING TRFF WITH CL`ANOUT I 10 RF '-"AV[-I) ~lilTll k4FT17F' _ ~'11TIi - '\TIC)N Tf~F F SE4NEP AND I PlPrPR,`\RI~ VAPI.F SANK'-ATION 'vlf RFI) AT f --Eh' L' 1 1 , F14E I-I)'DHA`1 I - - ~I\ ~ROPC'SE'D TPFF- I P\Cl FEC I:ON ALL TfZ~--CS TO 13C \ . . S A'V L \ L-- LLJ I _ W L-Li i. IW -F-// ( GS 7 %j I la I LOt 22 . i 7479'S.F BVH 1927-R L FBACK• SILT To wrEp f EfdC:E OUF~ RQ'>7rti,`-1R' G 9 I 71 -fz~ TILhIE LN I-~'.AI';l „bSpa', Sr I r~ ,.1. ' ■ SCALE: =0'- 10, 110, 40~ 0, BUENA VISTA CUSTOM HOMES :AC A".Arlic~.1f' KESSLER ESTATES, PHASE II - CITY OF TIGARD - WASHINGTON COUNTY .ITC F.-.`&J r. t t_ i 1. I I MY OF INGAIRD e Sli'II'IE PLAN (R[EV9 EW BMDING PERMIT N®.: AO ' OU3 PLANNING DIVISION: Required Setbacks: ® Approved ® Not Approved Side: Street Side: Front. Garage: (Rear: Visual Clearance: ® Approved ® Not Approved Maximum Building height feet CWS Service Provider Letter Required: ® Yes No 0 Receive n-. L \,.~INEC-WNG DEPARTMEN` : Actual Slope: ® Approved ® Not Approved Site Flan: ® Approved ® Not Approved Bv: Date: Notes: BUENA VISTA CUSTOM HOMES INC EXHIBIT 6932 SW MACADAM AVE STE C PORTLAND, OR 97219 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Skapingfl Better Community I, Patricia L. Lu Q being first duly sworn/affirm, on oath depose and say that I am a Senior)dministrative SpecillCut for the City of itgar ashington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) E ❑a NOTICE OF DECISION FOR: VAR2004-00013/KESSLER ESTATES 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 "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 Exhibill", and by reference made a part hereof, on November 2, 2004, and deposited in the United States Mail on November 2, 2004, postage prepaid. dT (Person tha p b.fice)Z S`Vg2 O'F OUGON Cay ty of ~ m8ton u lW j Subscribed and sworn/affirmed before me on the day of. Qp2M"g2d , 2004. OFFICIAL SEAL FmY SUE ROSS NOTARY PUBLIC-OREGON COMMISSION NO.375152 COMMISSION EXPIRES DEC. 1, 2007 my Co - sion Evires:~a'Dj_'AQD ? ecut Ca eat (~i° c'i S i v~ i s r* d e.. (S~ 3) f v - 8 ~-I- I S ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd` " rd, OR 97223 (503) 639-4171 FAX.• (503) 684-729;Tj7,,V C:IU17 Co lt~ v" GENERAL INFORMATION Property Address/Location(s): FOR STAFF USE ONLY Tax M p & Tax Lot #(s): 1,-4 :2 ? Site Size: S V! D D Yfaaa, Case No.: v A P- a oo (l - 0 Do -73 d Applicant*: gs-s4-.- Other Case No.(s): 1WS"raoo~--.-Qv~/ d ~o17ZAddress: I Receipt No.: aoo+- 403 City/State: 9a,_)LIAA- X 8,& Zip: Primary Contact: (fi, a Application Accepted By: Ca-~ru v Phone: QUA P710 gd Al _ Fax: Date: o 4 Property Owner/Deed Holder(s)~*[- (Attach list if more than one) Date Determined To Be Complete: Address: Phone: 0 A t -0-1 City/State: Zip Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant Lo j De, Res) R 4.5 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. 8/26/04 is\curpln\masters\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 REQUIRED SUBMITTAL ELEMENTS Community Development Code (please circle one only): >Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage ✓ Application Elements Submitted: >Soecial Adjustments: ♦ Adjustments to a Subdivision Application Form Reduction of Minimum Residential Density ♦ 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 [ Site/Plot Plan (2 copies) ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washington Square Reg. Center Density Adjustments ❑ Site/Plot Plan (reduced 8'/z"x 11 Please state the reason for the Adjustment request: Applicant's Statement PA (Addressing Criteria Under Section 18.370.020) P1L N o C K ~D ✓ t91w. '~T~i-tY L Filing Fee Jurisdiction: ❑ City ❑ Urb APPLICANTS: To consider an application complete, you will need Ito 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 subiect 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 f! day of 0 7' x-,.14 - v , 20,C Applicant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 3 9/13/2004 CITY OF TIGA" 9:58:05AN4 13125 SW Hall Blvd. Tigard, Oregon 97223 migwm (503) 639-4171 Receipt 27200400000000004031 Date: 09/13/2004 Line Items: Revenue Account No Amount Paid Case No Tran Code Description 100-0000-438000 217.00 VAR2004-00073 [LANDUS] Development Adjust $217.00 Line Item Total: Payments: Amount P Payer User ID Acct./Check Approval No. How Received Method In Person 217.00 Check BUENA VISTA CUSTOM HOMES CAC 5735 $217.00 Payment Total: ~f~3l:' ~ t _ j _ yrr`'li._ i G' t J~ C ' .J ' o i E }I= o - o - 7 r o : c o mot; c II"II Portland, MUTUAL BUENA VISTA CUSTOM HOMES, INC. WASHINGTON MUTUAL BANK .5735 Portia 6932 S.W. MACADAM AVENUE, SUITE C .nd Oregon 9/1/2004 PORTLAND, OREGON 97219 19-7076/3250 (503) 443-6033 City of Tigard "'217.00 • PAY TO THE ORDER OF Two Hundred Seventeen and 00/100sssssssss*,s*sssss:*sssss*ssssssss*s**s***ssss*ss***s***:*sss*sisssss*ss*ssss* DOLLARS City of Tigard PO Box 8986 sf_ Vancouver, Wa 98668 Y~ G~f up .Yf ~~G ~~Pt MEMO ICE22-set back adj cReceipt.rpt Page 1 of 1 Wash,' '.In county. Oreon ;'t+jt ,~V ~d o~ ~C/ • o7nCcr..: 4 02.24.04 PM 2004-083217 1 D•OW CM-1 Stn-7 KDRUNEWALD ,l,rla`i,`,'•:` , " ; t,~ ;.;;rht~x,,i~ $10.00 $8.00 $11.00 $1,459.00 • Total n $1,408.00 Title Order No. 04248752 Escrow No. 04248752 i,ti`;tt, ,;rti;2;ii'wt~",i1!`.~.;"r~,~~yla•;~;cry I I, -2 ~tj '~".~h 4 ,!ilr l,`,i.; til J L~ U VIII II III III~I II III IIIIIIII~III I I I ` . ; t q;;ti,;yr,•;_,f After Recording Return To: I I I II III ~•:.;`,:?t;: y}~ 00623251200400832170020028 0028 i;~, ':r•.t..,: ,.,ht,ti•„.,4,' Olnctor o/Auuement end T.xdfon Buena Vista Custom Homes, Inc. AUG n 3 200 V 1.J•rty Hmxon I end r,. l1^r', ;'t`'•~ l~ • .~,.,~,h`;`"~1 Ex-0fflcla County Clerk for Waxklnpt n Rog t er Pollock u o county, do Mr.ey ccnlry that the within In.trummt of 6932 SW Macadam Ave. witing w.e nccro.d.ndr.aob.d in M. Book of records ~k; , ' ta~~•`; i, q :i r `a ,Sl :.t,`t{ of add county. 11 Portland, OR 97219 BY J.rna,H.n,on, Director MA..•"mmt andT x.Oon, @x-0Mclo County Clerk Until a change is requested all tax statements shall be sent to 1 .y •,`•1`t14'~,C';~`1t;;~ ~'t{~;'14;1p,';r;~.ptd the following address: E ` ti t t t t tt tip ,,1 Buena Vista Custom Homes, Inc. 1 t ; C a `t~~;r,,;;~~,~,;; ".,tti+`ai~~•~~t,~~ ~ ATTN: Roger Pollock " 1 c ~~tN~i ` ;u 6932 SW Macadam Ave. JT t ;;o~' u1141,th1 ,~~t~ti t~v Portland, OR 97219 w STATUTORY WARRANTY DEED Beacon Homes Northwest Inc., an Oregon corporation, Grantor, conveys and warrants to Buena Vista Custom Homes, Inc., ":;i'•. an Oregon corporation, Grantee, the following described real property free of encumbrances, except as specifically set forth ti''''• (G, 'sti tt .:lt' % 1a' herein situated in Washington County, Oregon, to wit: •{sue ~~,ni''~~'a~~'~j;~,~' •:,'~',•`,`;:i Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and Tract A KESSLER ESTATES NO. 2 in the City of Tigard, :i County of Washington and State of Oregon. `.,,`?.5`~ alt<i•~' ,1~ti°L~.l`,~`h`t~ This property is free from encumbrances, EXCEPT: See Exhibit A attached hereto and made a part hereof. t 1 4 t ` 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 ;':}•,;.?:i;,;,;; 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. The true consideration for this conveyance is $1,468,500.00. (Here comply with the requirements of ORS 93.030) N COWNTY WASNINGTO Dated this July ,2004. REAL PR~1 acpYY7RANS~ Iq ot~fE I Beacon Homes Northwes c ME PAID Peter A. Kusyk, President Jam/ STATE OF OREGON ss County of Multnomah On this July 2004, before me, the undersigned, personally appeared the within named Peter A. Kusyk as President of Beacon Homes Northwest, Inc. known to me to be the identical individual who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. OFFICIAL SEAL Notary u c for the State of 0reg n/ JOHN W WILLIAMS My co ssion expires: (vv NOTARY PUBLIC-OREGON COMMISSION NO. 376273 MY COMMISSION EXPIRES FEB 10, 2008 Type 1 Adjustment Application RE: l yyll '4 r Lot adjustment for ve., agar , Lot 2~of Kessler Estates subdivision, Phase II a. A demonstration that the adjustment requested is the least required to achieve the desired effect. Comments: In order to place one of our standard 2116 plans on lot 22'. The only feasible way to accomplish this is to reduce the set back to, ,J,~ PT- b. The adjustment will result in the preservation of trees, if trees are present in the development area: Comments: The reason for the change in set back is to keep the house away from tree. This setback will insure preservation of the tree by not damaging the roots. c. The adjustment will not impede adequate emergency access to the site. Comments: This can only help access to the site by allowing the house to be closer to the street. d. there is not a reasonable alternative to the adjustment which achieves the desired affect. Comments: Applicant met with staff. This setback is similar to a change on lot 25 of Kessler estates phase II. This is the only way to achieve placing the house on the lot. 10/06/2004 12:14 5034432443 BUENA VISTA PAGE 01/01 y ST, C U S T O M H O M F S FAX DATE: 1016104 TO: Cheryl Cines COMPANY: City of Tigard FAX.503-598^1960 FROM: Chad Holton /Shelly Whitaker PAGES: RE: Lot Adiustment #23 CO .ENTS. We applied for an adjustment on lot t w, variance # 2004.00073. We wish for this to be put on bold indefinitely. Thank You, Shelly Whitaker 6932 SW Macadam Ave., Suite C • Portland, Oregon 97219 PhnnP CII? ddl 011 • Fav 4fll ddA UAA eu,r 1 74 a d a S,e at ..__wh c was happen ; j w, L as 4-rtd a rt o,~k ei h.oufc- pla i 41ia-~ works /A.~s . re7u.vld . he, w,(1 - t'ncj in riec~)