VAR2006-00062
• EXHIBIT A
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2006-00062
GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT
120 DAYS = 9/24/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-00062
PROPOSAL: The applicant proposes to reduce the dimensional standard for the front yard setback
of the property by 25 percent, from 20 feet to 15 feet on Lot 20 of Stonechase
Subdivision.
APPLICANT: Gerritz Biggi Custom Homes, LLC
Attn: Steve Gibson
9550 SW Beaverton Hillsdale Highway
Beaverton, OR 97005
OWNER: Same as applicant.
LOCATION: 11265 SW Forest Lane; WTCIvI 1S134DB, Tax Lot 09600.
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low Density Residential District
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, and duplexes, at a minimum lot size
of 10,000 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. The findings and conclusions on which the decision is based are noted in
Section IV.
NOTICE OF TYPE I DEQSION
VAR2006-00062 GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT PAGE I OF 3
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 property is located at 11265 SW Forest Lane, north of North Dakota Street near 112`" Avenue,
on lot 2b of the Stonechase subdivision. The applicant, Gerritz BRIM Custom Homes, proposes to reduce
the dimensional standard for the front yard setback of its property by 25 percent, from 2C feet to 15 feet.
The garage would remain behind the 20 foot setback line. Due to a surveying error, the applicant desires
an adjustment to be in compliance with the Code.
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 requests a reduction of the dimensional standard for the front yard setback by 25 percent,
from 20 feet to 15 feet, which is the maximum allowed under the code.
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;
The applicant requests a reduction of dimensional standard for the front yard setback by 25 percent to
resolve a survey~c~g error. Because the foundation and frame for the house are already in place, a reduction
of the front setback by 5 feet is the least required to achieve the desired effect.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
No trees will be removed.
The Adjustment will not impede adequate emergency access to the site;
Emergency access to the site, which is already adequate, would not change as a result of the adjustment.
There is not a reasonable alternative to the Adjustment which achieves the desired effect.
NOTICE OF TYPE I DECISION
VAR2006-00062 GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
The applicant desires to be in compliance with the Code. Because oa surveying error, there is no
reasonable alternative which achieves the desired effect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
A 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 A 2006
AND BECOMES EFFECTIVE ON MAY 31, 2006
Questions:
If you have any questions, please contact Emily Eng at (503) 718-2712 or stop by the Planning office at
Tigard City Hall, 13125 SW - Hall Blvd, Tigard, 97223.
May 30 2006
CAPPIR O y Eng DATE
Assistant Planner
NOTICE OF'17'PE I DFCTSION
VAR2006-00062 GERRTTZ BIGGI FRONTYARD SE 1BACK ADJUST iW-N T PAGE. 3 0 F 3
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PERMIT NO.
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ALAN KASCORD DEVON
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• EXHIBIT-L-
Stonechase LLC VAR2006-00062
9550 SW Beaverton Hillsdale Hwy. GERRITZ BIGGI SETBACK ADJUSTMENT
Beaverton, OR 97005
Gerritz Biggi Custom Homes LLC
Attn: Steve Gibson
9550 SW Beaverton Hillsdale Hwy.
Beaverton, OR 97005
l
AFFIDAVIT OF MAILING
r[( JnlZ HDD
I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and say that I am a Senior Administrative Specialist
for the City of Tigard, Washington County, Oregon and that I served the following:
j(hck Appop- Bar(s) Bd..}
NOTICE OF DECISION FOR
VAR2006-00062/GERRITZ BIGGI SETBACK ADJUSTMENT
(File No./Na Reference)
AMENDED NOTI(E
® 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
May 30, 2006, and deposited in the United States Mail on May 30, 2006, postage prepaid.
(Person that reared Notice)
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and swop- /affirmed before me on the f 2 day of 2006.
0F=.1C1[.
Kri's "iE LLB
NOT,AKY PUKtO-JD;J.- ,
NO ARYPUB F OREGON
My Commission Expires: 2,b?
05`1`:/;006 11:34 FAX 5035981960 CITY OF TIGARD 0002/004
TECEIvE0
ADJUSTMENT MAY -If 2006
OF TIGARD
TYPE [A PP L I C AT 1014 E
NG VEERING
CITY 'OF. T GARD 13125.SW Hall Blvd,,-Tigard, OR 97223 (503) 639-41.T1* FAX., (503) 684-7297
GENERAL INFORMATION
Property Andress/Location(s): 11235 6C.0
CA_ 9-1 ;~y3 FOR sTAFF~USE ONLY
Tax Iv amp & Tax Lot #(S): i S d
Site Size: (~7qn Case No.: _,(/060(a/
Applicant*: T2 l L., Le- Other Case No.(s): 6')WV-0yot0
Address: o w (l Receipt No.:
City/State: cN Zip: g-100,45-
PrimaryContact: ems, ~ ((35avN Application Acc oted By: ~-T~~
Phone: 5-63- 3ao -~-~03 Fax: lar S1 i1 lu.to
l Date:
Property Owner/Deed. Holder (s)*: (Attac Iist if more than one)
G E°Q.tZI 2 I'~ t -C , C t-, lzit . 1►.. c.c,L Date Determine To Be Complete:
Address: q5, %o Sco e~~A Phone: 5 6 -3-~ (q&S' ~A?~ d
City/State: f~eec, b 0--ArL.- Zip: -L-1 CO ~c
Comp Plah Zone'D 'Signafion:
` 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.8/26104 1:lcurplnlmastersUevlseftdjustment•i.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, Interior Setbacks-and Lot Coverage Application Elements Submitted:
>Special Adjustments:
♦ Adjustments to a Subdivision ❑ Application Form
Reduction of Minimum Residential Densily ❑ Owner's Signature/Written Authorization
♦ Landscaping Adjustments - Frtlsting/New Street Trees ❑
♦ Parking Adjustments - Reduction in Slacking Lane Length Title Transfer Instrument or Deed
♦ Parking Adjustments - Reduction In Mlnlmum Parking for Transit Improvemenlstuating ❑ Site/Plot Plan (2 copies)
Dev.
• Setback Adjustments- Setbacks to Reduce Tree Removal Site/Plot Plan (reduced.81/?'x 11
♦ Wireless Communication Facility Adjustments - Distance From Another Tower
♦ Washlrgton Square Reg. Center Density Adjustments ❑ Applicant's Statement
(Addressing criteria Under Section 18.370.020)
Please state hereason for the Adjustment request: (IM ❑ Filing.Fee
f Jurisdiction: C] City ❑ Urb
WCrJ,A W
,
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C, d
0/12,/2006 11:34 FAX 5035981960 CITY OF TIGARD 121003/004
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•.rtvoked • 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 45 day of 20_~
~tL_.&: ,b b
Appli uthorized Agent Signature Owner's Signature
O n,jer's Signature Owner's Signature
CITY OF TIGARD 5/17/2006
e 13125 SW Hall Blvd. 3:44:02PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200600000000002424
Date: 05/17/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2006-00061 [LANDUS] Development Adjust 100-0000-438000 224.00
VAR2006-00061 [LRPF] LR Planning Surcharge 100-0000-438050 33.00
VAR2006-00062 [LANDUS] Development Adjust 100-0000-438000 224.00
VAR2006-00062 [LRPF] LR Planning Surcharge 100-0000-438050 33.00
Line Item Total: $514.00
Payments:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check GERRITZ-BIGGI CUSTOM ST 2820 In Person 514.00
HOMES LLC
Payment Total: $514.00
•
cReceipt.rpt Page 1 of 1
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Title Order No. 06279841
Escrow No. 06279841 a 00937848200800 3 9200/00/3 II I~I
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Ater Recording Return To: and Eadltleb tounb Clara fWW"hln0M eeur*',
Or-PN do h-by comb that tha wMNM lMaum•rdd
Gerritz Bi i Custom Homes LLC aaltlrta vna -11.d and ro rdad to a mh at
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ncoMe of aatd
9550 SW Beaverton Hillsdale H °dt` tisd .aw
Beaverton Oregon 97005 forty R Na^a° c o4eet°rlad Cour y Clel WuentY and Tu■a°n,
aaCnltle u
Name, Address, Zip - -
Until a change is requested all tax statements shall be sent to the following -
address:
Same as above
Name, Address, Zip
STATUTORY
BARGAIN AND SALE DEED
Stonechase LLC An Oregon Liability Company, Grantor, conveys to Gerritz Biggi Custom Homes LLC An Oregon Limited
Liability Company, Grantee, the following described real property situated in Washington County, Oregon, to-wit:
Lot 20, STONECHASE, in the City of Tigard, County of Washington and State of Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT
MEASURE 37 (2004)). THIS INSTRUMENT DOES 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, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS
30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER
CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37(2004)).
The true consideration for this conveyance is $to correct vesting for financing purposes . (Here comply with the requirements ofORS
93.030) /
Dated thisG d 1x2
Stonecha a LLC
M. Gerritz, Member
STATE OF OREGON } SS
County of Washington
On this lv/ , before me, the undersigned, personally appeared the within named John M Getritz, as
Member of Stonechase LLC (mown to me to be the identical individual who executed the within instrument and
acknowledged to me that he has executed the same freely and voluntarily.
Notary Public for the State of Oregon
My commission expires:
OFFICIAL REAL
S MARSDEN
NOTARY PUBtIGORE00N NO, 391775
MY COMM 58101jq DUNE 19, 2009
ORST13SD
• 0550 SW Beaverton Hillsdale Hwy
Beaverton, OR 97005
Phone 503-619-4668
Fax 503-526-2084
_ CCB-#148831....
Gemiz Biggs Custom Homes LI,C
05-15-06
City of Tigard,
To whom it may concern this letter is in conjunction with type 1 adjustment.
18.370.020
13.2. approval criteria
a.- With this adjustment to 15 ft setback in front yard we will meet setback
requirement for this house that has already been framed.
b: There are no trees affected with this adjustment.
c. The adjustment is for front yard set back and has no effect on emergency
services.
d. There is no other alternative for this problem the house has been framed
and everyone has missed the set back including the inspector and plans
examiner and ourselves.
Thank You
Steve Gibson
Gerritz-Biggi Custom Homes LLC
. . . . . . . . . . . . . . . . . . . . . .
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OER TO VERIFY ALL SITE CONDITIONS. MCLUDING LOT 12
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w..n .e. ro,n..o w .na (7,575 S0 FT)