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VAR2005-00010 • • EXHIBIT-L NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2005.00010 CITY OF TIGARD STEPPING STONE HOMES SIDE YARD SETBACK S(Community Conun tit apingA ~ettcrerConrn:unity ADJUSTMENT 120 DAYS = 6/16/2005 SECTION I. APPLICATION SUMMARY FILE NAME: STEPPING STONE HOMES SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2005-00010 PROPOSAL: The applicant has requested a 20% an Adjustment to the east side yard setback to reduce the setback from 10 feet to 8 feet on parcel number 2S 1 02CC-03302 to accommodate construction. APPLICANT/ OWNER: Royal Oaks Development Co. Attn: Vicki Gotter 10125 SW Murdock Street Tigard, OR 97224 LOCATION: SW McDonald Street; WCTM 2S102CC, Tax Lot 03302. COMPREHENSIVE PLAN DESIGNATION: R-3.5, Low Density Residential. ZONING DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 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 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. VAR2005-00010 -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 lot is located on the north side of McDonald Street between 103`d and 104 Avenue. The proposal is to reduce the east 10-foot side yard setback by 2 feet. 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 reduce the east side yard setback by 2 feet to allow the placement of the house. The required side yard setback for a flag lot is 10 feet therefore, up to a 2-foot 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 a portion of the structure to protrude into the east side yard setback by 2 feet. With the reduction in the side yard setback requirement; the applicant will be able to accommodate a 2 car garage and a presentable house front. According to the applicant this is the minimum relief needed for construction of plan on lot. The existing lot is relatively narrow (52 in an area of wider lots. The Adjustment will result in the preservation of trees, if trees are present in the development area; According to the applicant, the Adjustment would not adversely affect any trees on site, as there are no trees in the development area. The Adjustment will not impede adequate emergency access to the site; VAR2005-00010 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION 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. Due to the width of the lot there is no reasonable alternative to the Adjustment which achieves the desired effect of being able to build a house that is not "all garage" in the front. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: oV ti 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 FEBRUARY 16, 2005 AND BECOMES EFFECTIVE ON FEBRUARY 17, 2005. 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. Februa 16, 2005 DATE ristle Berman Planning Technician VAR2005-00010 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION CITY of TIGARD (Al y GEOGRAPHIC INFORMATION SYSTEM VICINITY rmp ~J CO VAR2005-00008 VAR2005-00010 = STEPPING STONE • HILL VIEW ST HOMES ADJUSTMENTS 0 ~ N I 1> FERR L RO O r a 'a 7 ;MCJ Bl1Ll Mi QP BONITA D 1 BEEF BEND RO' RD w Tigard Area Map • \O N 0 100 200 300 Feet 1'= 240 feet City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 0394171 httpJt v.ci.tigard.or.us Community Development Plot date: Feb 16,2005; C:VnagicXMAGIC03.APR t:~' _ . /IQ l31 l CO c 3 f K. a I I e KOS IAiJ CO OJ TAOL M - WftlM Pltvo-WY VANE u ' 21 J 6F CASs 6 LJtST oo < Z i ,IS LINGS C16 JE CIS 7t r a.. I$ 1 I I ;r - d '1°O' a~4e,q Y~ B~ a g , 4 -r -7 I o, ~ I I , f 3300. I I AC- I I LJ I a a I ~ -s f ~ y I I ~ I GR^JGL pRIJE FOR f C oJ 57RJ CTS o ~1 ~8 I Ujkol,^4 CONTAOI~ QS•aO $TOR~Gt mCDONArLn SyREg.r SZ WLR, LA SOYA 0JgK5 OF_O. Co. 503-639- +1869 101-75 5W IY%0RooC(` ST TL o15~a7o~ CC o3.3oa TI >rnao ~ o R . 9 ~aay EL.EON NE.IG~~"S Note: Position of house on the plot plan FR mc00NALv S'r, is an approximation at this time. Pending outcome of negotiations on driveway TI C-AR.03 op'. easement, orientation of the home may change. However, any change will not affect the side yard set backs as shown. 2S102CC-03302 • • 0 STEPPING STONE HOMES LLC EXHIBIT 11735 SW KATHERINE ST TIGARD, OR 97223 Royal Oaks Development Co. Attn: Vicki Gotter 10125 SW Murdock Street Tigard, OR 97224 AFFIDAVIT OF MAILING CITY OF TIGARD Community Development Slraping,g Better Community 1, Patricia L. Lu and being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of TWar Washington County, Oregon and that I served the following: {Check Appropriate Box(s) Below) a NOTICE OF DECISION FOR: VAR2005-00010/STEPPING STONE HOMES SIDE 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 Exhlblt'B", and by reference made a part hereof, on FebMaIV 16, 2005, and deposited in the United States Mail on Febru81V 16, 2005, postage prepaid. ll/ (Person-ftal Prepared N tic STAGE OAF' OUCON County I) Wqs ington ) ss. City of ?sgard Subscribed and sworn/affirmed before me on the day of Gckc , 2005. Ind OFFICIAL SEAL SUE ROSS NOTARY PUBLIC-OREGON COMMISSION NO. 375152 MY COMMISSION EXPIRES DEC. 1, 2007 NIY C isslon Expires: ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION . P70, erty Address/Location(s):.i -50 1A I r(,U:)J FOR STAFF USE ONLY Tax Map & Tax Lot #(s): -2 S 1 0,a G C- a3i, Oa / C Case No.: V ~ ZVO> r U~d by Site Size: , Ig cc ~ Applicant*.. o ~ •-y. C~ Other Case No.(s): Address: k Receipt No.: 7-430 S- 005-7c(17 City/State: T Zip: '5 -7 2 a Primary Conta : ,,Lt Application Acc pt d By: Phone: Sq3 -~3cr _y g 4 Fax: ,51)_~- G39 -0(O(OS Date: CS Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined To Be Com lete: -r~ ; P P tar-. S-ro i c ti, Icl; ! C- V C. p: Address: -13S Sc-> <qz-~ae,r~Nt s Phone:Sa3-7 z-o 3.44) City/State: G Zip: Gi -7 Z -'L- -'I Comp Plan/Zon e igntion: 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 Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): >Development Adjustment - Front Yard nterior Setbac s nd Lot Coverage ✓ Application Elements Submitted: >Special Adiustments: ♦ Adjustments to a Subdivision ❑ Application Form ♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization ♦ Landscaping Adjustments - Existing/New Street Trees ❑ ♦ Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing ❑ Site/Plot Plan (2 copies) Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%1°x 11 ) ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washington Square Reg. Center Density Adjustments ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) Please state the reason for the Adjustment request: ❑ Filing Fee ` Jurisdiction: ❑ City ❑ Urb YPG %2 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 Applicant/Authorized Agent Signature Owner's Signature ner's ignature Owner's Signature CITY OF TIGARD 2/11/2005 13125 SW Hall Blvd 8:22:39AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200500000000000574 F Date: 02/11/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00008 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00008 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 VAR2005-00010 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00010 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $498.00 Payments: Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid Check ROYAL OAKS DEVELOPMENT KJP 1950 In Person 498.00 CO Payment Total: $498.00 77777- 'STERLING 'Tl-:stiL'P,'1K~7: 'OR 17~'~~13~'.. • 2 X14 . . PORTLAND; DEt~nrvr co::.. 10125 SW-MUR00:~K ST. . " TIC,ARU::OR'97224 ~ , _ - GCB 6711.Y • . aaY:TO-'THE:...: , ° • . ORDER OF DOLLARS ' MEMO` m <o 0 cReceipLrpt Page 1 of 1 Chicago Title Insurance Company of Oregon PRELIMINARY TITLE REPORT January 12, 2005 TO: Chicago Title Insurance Company of Oregon Order No.: 402786 9900 SW Greenburg Rd. Escrow No.: 65-402786-MM Portland, OR 97223 Ref: Stepping Stone Homes/Royhal Oaks Dev. ATTN.: Mary McDougall Phone No.: (503)973-7450 Extended Lender's Coverage $ 70,000.00 Premium $ 158.00 Endorsement 100 - Extended Coverage $ 50.00 Endorsement 116 - Location of Improvement $ 0.00 Endorsement 110.9 - Environmental Protection Lien $ 0.00 Municipal Lien Search $ 50.00 We are prepared to issue a title insurance policy in ALTA (1992) form and amount shown above insuring the title to the property described herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium therefore paid. Dated as of. December 27, 2004 at 08:00 AM Vestee: Stepping Stone Homes LLC Subject to the exceptions, exclusions, conditions and stipulations which are part of said policy, and to exceptions as shown herein. CHICAGO TITLE INSURANCE COMPANY OF OREGON By: Cindy Aleksa Title Officer 10135 SE Sunnyside Road, Suite 200 Clackamas, OR 97015 phone(503)653-7300 fax(503)653-7763 QUESTIONS CONCERNING THE CLOSING OF THIS TRANSACTION SHOULD BE DIRECTED TO YOUR ESCROW OFFICER, Mary McDougall, at phone (503)973-7450 and fax number (503)684-7594. 90 1 4 7 1 0030.rdw 0 Order No.: 402786 DESCRIPTION See Legal Description Attached Hereto GENERAL EXCEPTIONS (Standard Coverage Policies only) 1. a. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. b. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. a. Easements, liens, encumbrances, interests or claims thereof which are not shown by the public records. b. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, a. Unpatented mining claims; b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; C. Water rights, claims or title to water; 4. whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS 6. Taxes for the fiscal year 2004-2005; Amount: $366.98, plus interest unpaid Levy Code: 023-74 Account No.: R1243112 Map No.: 2S12CC Tax Lot No.: 03302 7. City liens, if any, of the City of Tigard. (An inquiry has been directed to the City Clerk concerning the status of said liens and a report will follow if such liens are found.) 8. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. 9. Covenants, conditions and restrictions as shown on the recorded plat. 10. 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: December 29, 1953 Book: 351 Page: 677 Said covenants, conditions, restrictions, and easements were amended by instrument; Recorded: March 21, 1988 Recorder's Fee No.: 88011145 Said covenants, conditions, restrictions, and easements were amended by instrument; Recorded: April 26, 1988 9014710031,rdw Order No.: 402786 Recorder's Fee No.: 88 017156 i 11. An easement created by instrument, including terms and provisions thereof; Dated: September 23, 1981 Recorded: October 7, 1981 Recorder's Fee No.: 81 034177 For: Public utilities ` 12. Restrictive Covenants regarding street improvements, including the terms and provisions thereof and including other things a waiver of right of remonstrance; Recorded: January 6, 1982 Recorder's'Fee No.: 82 000215 13. Agreement for Mutual Easements, including the terms and provisions thereof; Dated: June 15, 2004 Recorded: June 16, 2004 Recorder's Fee No.: 2004-068381 By and Between: Robert S. Williford and Shari A. Williford, husband and wife and Stepping Stone, LLC 14. Any encroachments, unrecorded easements, violations of covenants, conditions and restrictions, and any other matters which would be disclosed by a correct survey. The Company has determined a foundation survey will be required prior to the issuance of the proposed extended coverage policy because new construction is involved. 15. Proof that there are no parties in possession, or claiming to be in possession, other than above vestees. 16. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation, which have now gained or hereafter may gain priority over the lien of the insured mortgage, which liens do not now appear of record. NOTE: As of the date of this report, a completion notice has not been recorded in the herein property NOTE: Property address is identified as: As of the date of this report, a situs address has not been assigned to the herein described land. NOTE: Any transfer of the herein described property is subject to the payment of Washington County Transfer Tax at the rate of $1.00 per $1,000.00 or fraction thereof of stated consideration, NOTE: No search has been made or will be made for water, sewer, or storm drainage charges unless the city/service district claims them as liens (i.e., foreclosable) and reflects them on its lien docket at the date of closing. Buyers should check with the appropriate city bureau or water/service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. NOTE: We find no judgments or United States Internal Revenue liens against: Royal Oaks Development Co. NOTE: The following is for informational purposes only: The following deed(s) affecting said land were recorded within 24 months of the date of this report: Grantor: Micha3l D. Morris and Linda B. Morris, as tenants by the entirety Grantee: Robert S. Williford and Shari A. Williford, as tenants by the entirety Recorded: March 3, 2004 Recorder's Fee No.: 2004-021367 Grantor: Robert S. Williford and Shari A. Williford, as tenants by the entirety Grantee: Stepping Stone Homes LLC Recorded: June 16, 2004 Recorder's Fee No.: 2004-068380 END OF REPORT 901471003 I , rdw Order No.: 402786 cc: Chicago Title Insurance Company of Oregon Mary McDougall Royal Oaks Development Co. Stepping Stone Homes Action Mortgage Company John L. Scott/Tigard Greg Gleaves John L. Scott/Tigard Greg Cleaves ca/grs January 12, 2005 90 147 1 003 1. rdw • Order No.: 402786 LEGAL DESCRIPTION A portion of Lot 1, FRELEON HEIGHTS, a plat of record in Section 2, Township 2 South, Range I West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and more particularly described as follows: Beginning at the Southeast corner of said Lot 1, FRELEON HEIGHTS; and running thence South 89°32' West along the South line of said Lot 1, a distance of 20.00 feet to an iron rod; thence North 1°04' East parallel with and 20.00 feet distant from the East line of said Lot 1, a distance of 82.00 feet to an iron rod; thence South 89°32' West 95.2 feet to an iron rod; thence North 1 °04' East, 52.82 feet to an iron rod on the North line of said Lot 1; thence North 89°52' East along said North line of Lot 1, a distance of 1 l 5.2 feet to the Northeast corner thereof; thence South 1 °04' West along the said East line of Lot 1, a distance of 134.82 feet to the point of beginning. 9014710032.rdw 1200 .62Ac. cy 802 : .O/Ac. ~O? f 0000 ab'w 6.24CN. n 1048 3.88CN. 74.92 a99°391w 00'90 1400 1500, 1600 1700 1800 1900 7800 7700 r 0 1\1 Y W W W N IIO I~ , s r? =r o~ I V A-j 7900 13 91L Il 100 IL 100 In 100 20 21 2 100 Ion 8000?► 44 tt•°2T ao w • • • •S.W. HILL VIEW #149.93 1.03 , 1b0 144.31 1 6 LL~ W 3000 613001 `1420 00 : 0 2900 2600 iM0 8500131.22 ILL, 6 22 AC M' AC. s r 20S4 o (~j • A 5 1~ a 8400' W oa -N.40 "''°as' 13 170 t y a,( 12 8300 1 L29 q a it 000 0-99 2800 a~ N 16 4.9 c l: Ir W s0 2700 8200 131.31 / 3200 v 2 w h co 8100 131.34 C C ~ INITIAL POINT c 14 1y C) A /11[L(ON N(IONTb V W II!liAtL 11x3. 15 Z 3500 I • ~ 8900 3301 3302 3400 ~ a .40A c. .2PAc .549A •/sue c 3600 8700 40Aa 3 0 3300 . /BAc. to n 'o 3 r r r 1~1 N • I 8800 ' INITIAL PO T 12 3 4 Z'4► FRI!L1oN N IaNTa 98•1 II1148 110.1 °ax'w 143.0 b 1% g ii 0000 ai ~OI~aNIC1s ~111Oa0N J~ 54 'R SEE MAP II N W *E S CHICAGO TITLE This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct, the company assumes no liablity for any loss occurring by reason of reliance thereon. Map No. 2S102CC 03302 CHICAGO TITLE INSURANCE COMPANY 10001 S.E. SUNNYSIDE ROAD CLACKAMAS, OREGON 97015 If 64 ~ J S. , } LYE C lie, f EROSiAnJ CONTROL NDATM PROPtA7Y L,Nf. y +d0'-6F CAST t LdeST T m n~ZO r- fig Ecs 1`- - y a l I I a o 9 Z o oPe1p. f `'rCR y~ f` I CIO 0' I t~ o ~ I. I ~ I 33o o I ° I .3 I „I SAG I r I ~ a y I ~ I I ~ I I I Ga^JEL 0100£. FOR I COn1STRJ~T0~1 ~ CEkoa,A~► co,v7noL) qS- 10 $TOR++ mcpoNAt L0 SYREBY' i S"Y. IL I.e of E SOYAL 0-9K5 OF-0. C-0- 503-1631- 'x869 101'75 Sw InJROOC.(-' sT TL a510 a cc O3 30 a T1 c-mo ,O R . 17&)L4 . I $ AC_. FaELF-ON H&I& rS Note: Position of house on the plot plan MC.OONALO is an approximation at this time. Pending, Ti &Aao, Op'. outcome of negotiations on driveway easement, orientation of the home may change. However, any change will not affect the side yard set backs as shown. Royal Oaks Development Co. 10125 S W Murdock St. Tigard, OR 97224 Phone 503-639-4869 Td-CitiesPhone(509)628-1453 Fax 503-639-0665 Tri-Cities Fax (509)628-1457 Oregon CCB#67111 ROYALOD983CO ADJUSTMENT APPLICATION January 27, 2005 City of Tigard 13125 S W Hall Boulevard Tigard, OR 97223 Re: Adjustment for 10375 S W McDonald St. Dear Sirs: The applicant is seeking to amend the application for building permit on the above property: Up to a 20% reduction of the dimensional standards for the side yard setbacks required in the base zone. We are requesting a 20% reduction of the north side yard setback on the lot, thereby allowing for the side of the home to be within 8 feet of the north side lot line. Approval Criteria: a. A demonstration that the adjustment requested is the least required to achieve the desired affect, This parcel is a flag lot with 10 foot side yard setback requirements. We would like to build a house with a 2 car garage on the lot. We would also like the house to not be 'all garage' in the front. Due to the width of the lot and the required setbacks that is not feasible. With a reduction in the side yard setback requirements we will be able to accommodate a 2 car garage and a presentable house front. b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees in the development area. • • c. The adjustment will not impede adequate emergency access to or throughout the site; The adjustment will not impede or have any impact on emergency access to or through the site. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Due to the width of the lot there is no reasonable alternative to the adjustment which achieves the desired effect of being able to build a house that is not 'all garage' in the front. Thank you for considering this request for the adjustment of the side yard set back requirements. If you have any questions, please do not hesitate to call. Sincerely, Sam Gotter Vicki Gotter Royal Oaks Development Co.