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VAR2006-00063
• • EXHIBIT.,. NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2006-00063 RIVERSIDE HOMES SIDE YARD SETBACK ADJUSTMENT 120 DAYS = 9/28/2006 SECTION I. APPLICATION SUMMARY FILE NAME: RIVERSIDE HOMES SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2006-00063 PROPOSAL: The applicant proposes to reduce the dimensional standard for the west side yard setback of its property by 20 percent, from 10 feet to 8 feet. APPLICANT: Riverside Homes, Inc. Attn: Allison May 1925 NW Amberglen Parkway, #200 Beaverton, OR 97006 OWNER: Riverside Homes, Inc. Address same as applicant LOCATION: 12797 SW Da Vinci Lane; WTCM 2S109DD, Tax Lot 08400 COMPREHENSIVE PLAN DESIGNATION: R-7: Medium-Density Residential District ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. 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 01,71-Y11117- I DECISION VAIU006-00063 RIVERSIDE HOMES SIDE YARD SETBACK ADJUST 1ENT PAGE 1 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 12797 SW Da Vinci Lane on Lot 14 of the Bella Vista subdivision, north of Beef Bend Road. The applicant proposes to reduce the dimensional standard for the west side yard setback of its property by 2 percent from the corner lot standard of 10 feet to 8 feet. Most of the house will remain at the 10 foot setback. The adjustment will accommodate the end portion of the house where the lot is narrower. The roof-eave will overhang into the 8-foot public utility easement by 18 inches. 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 a plicant requests a reduction of the dimensional standard for the side yard setback by 20 percent, from 0 feet to 8 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 west side yard setback by 20 percent to accommodate the end portion of the house, where the lot is narrower. -A reduction of the side setback by 2 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 affected by this adjustment. The Adjustment will not impede adequate emergency access to the site; The adjustment will affect the front entrance or impede adequate emergency access to the site. There is not a reasonable alternative to the Adjustment which achieves the desired effect. The applicant desires to be in compliance with the code. Because of the lot shape, 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 NOTICE OF TYPE I DECISION VAR2006-00063 RIVERSIDE 1-10-T% ,-S SIDE- YAItD SfffBACK ADJUSTNfENT PAGE 2 0 F 3 1 • • • 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 JUNE 2, 2006 AND BECOMES EFFECTIVE ON JUNE 3, 2006 Questions: If you have any questions, please call Emily Eng at 503) 718-2712 or stop by the Planning office at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, OR 97223. June 2, 2006 APPROVE Eng DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2006-00063 RIVERSIDE HOMES SIDE YARD SETBACK ADJUSTMI?NT PAGE 3 OF 3 CITY of TIGARD F GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP VAR2006-00063 RIVERSIDE HOMES SIDEYARD SETBACK ADJUSTMENT RS FEAR Eby ~ ~ F dYS ~ a 'a A~ 1 7 D QP m aONITA 0 OO a BE SEND DNRH RD 733 ~p O 00 ~ Tigard Area Map ' q VE ~~p o°°°° p o §C-g, G ILLIP N p oo O .~1 0 100 200 300 Feet O V 1'= 236 feet ~O cE EDWARD Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd EA LBE T CT. Tigard. OR 97223 (503) 639-4171 httpi/www.ei.tigard.or.us Community Development Plot date: Jun 2, 2006; C:\magic\M GIC03.APR R= 273.00' Sw Ex Vi VI Lt' ~-~tn L=55.03' TT AN=27.61' I'1 DELTA = 11'32'55" Ytv• I • DS•DU "*,N69939'46"E 49.63' a ~ 6' 10 Q ( rn s ' 5f 3Sy Z i~ rn ~ - ~ - I 3sz l.~►u. I c- Ye~ 10-- 3y 9) g Ni 21 SURVEY OINT 94 00 ~W4+" I S KL- --____S S I s V) ~L Q SD pra.i n a- W u7 ' SAN DA VINCI CNI R= 16.00 L=25.13 LANE TAN=16.00' 1 CITY OF TIGARD DELTA = 89'59'06» Approved Conditionally Approved I i ; For only the_work es aesoribbTin:" - o PERMIT NO. `n 44 Vlot See Letter to: Follow [ Q ( 1 r Attach 1 SKr~i46e. W 23 (¢D Job Ad ess: Nt~ % By: Dates 2 .Z-~ r &r ' a co O s gELLA VISTA LOT 14 SCALE- = 20' 0 CL ENGINEERING & LAND SURVEYING DESIGNED: PREPARED FOR: RJ 0 8835 SW Canyon Ln. DRAWN: RIVERSIDE HOMES Suite 402 SW 1925 NW AMBER GLEN PKWY, SUITE 200 00 Portland, OR 97225 BEAVERTON, OR 97006 H, Inc . cNECicED (503) 645-0986 RJ (503) 690-2942 42 ° DATE: O' 4 3 4503) 291-9398 6/20/03 3 EXHIBIT-,/.. RIVERSIDE HOMES INC 1300 DEXTER AVE NORTH #500 SEATTLE, WA 98109 RIVERSIDE HOMES, INC. ATTN: ALLISON MAYU 1925 NW AMBERGLEN PARKWAY, #200 BEAVERTON, OR 97006 11 AFFIDAVIT OF MAILING I, Doreen R. Laughlin, being first duly sworn/affirm, on oath depose and say that I am an ADMINISTRATIVE SPECIALIST II for the City of Tigard, Washington County, Oregon and that I served the following: (Check AMmpeaw Boa(s) W w) 19 NOTICE OF DECISION FOR: VAR2006-00063 - RIVERSIDE HOMES SIDE YARD SETBACK ADJUSTMENT (He No./Name Reference) AMENDED NOTICE 10 ® 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 June 2, 2006, and deposited in the United States Mail on Tune 2. 2006, postage prepaid. (Person that Pre ared Notic STATE OF OREGON County of Washington ss. City of Tigard 12 Subscribed and sworn/affirmed before me on the day of V' , 2006. OFFICIAL SEAL DIANE rA J ` ELDERKS NOTARY PUBLIC OREGON Com N MY COMAMA O11111 S SO PT 25 2007 6" , , NOTARY PUBLIC OF GO My Commission Expir s: V5 'O TIGARD BUILDING DEPT PAGE 02/03 05/08/2006 16:12 5036243681 REMVED ADJUSTMENT MAY 1 8 2006 TYPE I APPLICAT4 , $FTIIGARD CITY OF TIGARD 13125 SW Nall 81vd., T/gardl OR 97223 (50:3) 639-4171 F 68N NC GENERAL INFORMATION l Property Addressll-ocatlon(s): <;V-v DCALv I Y1 (A (....mv- L, Dig- 2Z FOR STAFF USE ONLY Tax Map & Tax Lot W ti): b D Site Size: Case No...- UAL A Applicant: V1 G Other Case No.(s): Address: 161 2 D't,i,CJ -20 6 Receipt No.: City/State: q 700 Primary Contact Application Accept By: c:',arr Phone: c paj la l Z(o Fax: ?"1 Date: Property Owner/Deed Holder(s)': (Attach list if more than one) Date Dete 'ned To Be Complete: Address: Phone: ,3 ( o6 City/State: Zip: Comp Plan/Zone esignat)on: When the owner and the applicant are different people, the 4-7 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. enaroa ;_tourplnvn,stercu~v,>aed<sdl~,tm.nt,,•aoc back of this farm or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an REQUIRED SUBMITTAL EL.EMIN]'S Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): DDevelopment Adiuslment- Front Yard, intortor Setbacks and t of Coverage Application Elements Submitted: 'soe«el Adustments; Application Form ♦ Adjustnrente to a Subdivtolort ♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization Landscaping Adjustments - FAsting/New Street Trees • Perking Adjustments- Reduction In Stacking Lane Langth Title Transfer Instrument or Deed • Perking Adjustments - Reduction in Minimum Parking tar Tranalt tmprovemanta/Existing Site/Plot Plan (2 copies) 0ev. ♦ Setback Adjustments - setbacks to Reduce Tree Removal [a/Site/plot Plan (reduced 8/i x 11 ) ♦ Wlretess Communication Facility Adjustments - Distance Nom Atwther Tower • Washington Square Reg. Center Density djustments 0@0"'Applic-ant's Statement Please state t ' ~L (Adgresstng Criteria Linder Section 18.370,020) the r "son for the Ad'u ((Fy-VkoY n .L.~tment nest: -e ey& VVI I NCX 1'1-0 ~-!J Filing Fee $ 2-5 7 ( ,e 4 b (a 11 Vv - , Jurisdiction: [City C] Urb t W iG r iG up-rd ~ ~ S Gt_C 05/08/2006 16:12 5036243681 TIGARD BUILDING DEPT PAGE 03/03 • • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this a licatlon In the "Re ulred Submittal Elements" box. (Detailed Submittal Requirement Informati on 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 suublect orooerty. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to ail 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 e c owner of the subject property. DATED this day of , 20 © (P Appiican or' gent Signature \ ner° atur Owner's Signature Owner's Signature CITY OF TIGARD 5/18/2006 a 13125 SW Hall Blvd. 8:30:21AM Tigard, Oregon 97223 • . (503) 639-4171 Receipt 27200600000000002429 Date: 05/18/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2006-00063 [LANDUS] Development Adjust 100-0000-438000 224.00 VAR2006-00063 [LRPF] LR Planning Surcharge 100-0000-438050 33.00 Line Item Total: $257.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check RIVERSDE HOMES INC ST 16939 In Person 257.00 Payment Total: $257.00 • cReceiptrpt Page 1 of 1 Wa Nnpff+s county, 0mg- 2003-119622 ~ LandAmerica 0TnI120030d cK.ti 4 i 0tn PM t>ow .d A ourcx Lawyers Title 863,.ao.rw•I•070A0 ~Illllllllll~llllll111111111111111111111~ UIIIII 00392219100301198220030031 After Recording, Return to: I luryMW°n Dlneter°f A5,962'.. Ydid<f°" Riverside Homes, Inc. indQtp1Ae1e0~'"do'ruf°.waw~° cwt. Onp.n. d° INnEY °•"IN trot 0. vmwn InttNm,rt M 1300 Dexter Avenue N. #500 Me"p ++o n, sh dr.dnMOd:"i book C" .I ) • v Seattle, WA 98103 W ism it N.moa pY.etar n~dsm~id snd Toast °n. ' Until a change is requested, tax statements : shall be sent to the following address: SAME AS ABOVE STATUTORY WARRANTY DEED (Individual) (Above Space Reserved for Recorder's Use) John A. Chandler and Jaydene L. Chandler convoys and warrants to Riverside Homes, Inc., an Oregon corporation the following described real property in the State of Oregon and County of Washington free of encumbrances; except as specifically set forth herein: (Continued) WASHINGTON COUNTY REAL PROPERTY TRANSFER TAX g 38 •o0 7 03 Tax Account Number(s) : R487912 FEE PAID DATE This property is free of encumbrances, EXCEPT, 1. 2003-04 taxes, a lien in an amount to be determined, but not yet payable. 2. The subject property lies within the boundaries of the Clean Water Services, formerly known as Unified Sewerage Agency and is subject to the levies and assessments thereof. (We find no liens of record as of January 3, 2002.) (Continued) The true consideration for this conveyance is $637,500.00 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA- TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- MENT, TEE PERSON ACQUIRING FRB TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAW- SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. July, 2003. A i J 4n A. Chandler en L. Chandler STATE OF OREGON, COUNTY OF Washington)ss. The foregoing instrument was acknowledged before me this -V- day of July, 2003, by John A. Chandler and Jaydene L. Chandler. Notary b1iC for Oregon OFFICIAL SEAL lj MARY C VAN KLEECK My Commission Expires: ? 7~ 3 NOTARY PUBUC-OREGON COMMISSION NO.36SD41 MY COMMISSION EXPIRES JAN. 27.2007 Order No.: 219689w •STATUTORY WARRANTY DEED • (CONTINUED) LEGAL DESCRIPTION (Continued) Order No.: 219689w Beginning at a point on the South line of that certain tract conveyed by deed to Harold S. Hirsch and Elizabeth B. Hirsch, as described in Deed Book 425 at Page 584, Washington County Deed Records, in the Southeast one-quarter of the Southeast one-quarter of Section 9, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, South 0°19' West 250 feet and North 67°29' East 494.53 feet from the Northwest corner of Southeast one-quarter of the Southeast one-quarter of said Section 9; said beginning point being the Northeast corner of tract described in instrument of record in Book 800 at Page 399, Deed Recorde; thence from said point of beginning South 30026' East 495.61 feat to a point; thence South 30°49' East 243.2 feet to a point in the center of Beef Bend Road; thence Northeasterly along the center line of said road to the point of intersection thereof with the Westerly line of that certain tract conveyed to Harold S. Hirsch and Elisabeth B. Hirsch as described in deed of record in Book 596 at Page 475, need Records; thence Northwesterly along the Westerly line of said tract so described in instrument of record in Book $96 at Page 475 to the Northwest corner of said tract described in Book 596 at Page 475, Deed Records thence South 67029' West 166.93 feet to the point of beginning. EXCEPT that portion dedicated to Washington County by dedication deed recorded May 22, 2000, Recorder's Fee No. 2000040253 and rerecorded September 16, 2000, Recorder's Pee No. 2000075575. IIIiIIIIIIIIII~'llllllll IIII • STATUTORY WARRANTY DEED • (Continued) ENCUMBRANCES (Continued) Order No.: 219689w 3. The rights of the public in and to that portion of the herein described property lying within the limits of roads and highways. 4. An easement created by instrument, including the terms and provisions thereof, Recorded May 22, 2000 Recorder's Fee No. 2000040253 Re-recorded September 18, 2000 Recorder's Fee No. 2000075575 In favor of Washington County For Public utility, slope and drainage easement and temporary construction purposes 5. An easement created by instrument, including the terms and provisions thereof, Recorded May 22, 2000 Recorder's Fee No. 2000040255 In favor of Adjacent property owners For Driveway purposes III HIM IIIIIII IIIIII Ili III 2C03-119622 05/08/2006 16:12 5036243681 TIGARD BUILDING DEPT PAGE 01/03 Fax Transmittal Cover Sheet Building Division Cif o Tigard Date Lora, Number of pages including cover sheet To: Al (si-*^ From: r7YA~~ FV~-S CO: Co: City of Tig rd, Buildina Division Fax 5Q b Ol Fax 50, 9. 8-1960 Ph Ph 5.03-639 E& 24a9-I SUBJECT: MESSAGE: pip a..Le &&L:S 4-z~, u c y~ • ~3 d OZd Q S t 0 re s i •Lcfi?t.Q i' 1:ldstsNibrms\FaxTrans mi lterroCopy.dol 06/13/02 May 15''' 2006 City of Tigard 13125 SW Hall Blvd Tigard Oregon 97223 Re: Adjustment Type 1 Application Bella Vista Lot 14 12797 SW Da Vinci Lane Permit Number MST2005-00382 To Whom It May Concern: Riverside Homes, Inc. would like to request permission to adjust the west most side yard set back on Lot 14 of Bella Vista subdivision. There is an eve on the home that will hangover into the 8' PUE by 18". We would like to request up to a 20% reduction of the dimensional standards for the west most side yard setbacks as stated under section 18.370020 B. Development adjustments of the City of Tigard's Development Code. Our request meets the Approval criteria of the Development Code stating: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment will not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Please contact me for further information. Your consideration in this matter is greatly appreciated Sincerely, Allison May Plans/Permit Coordinator Riverside Homes, Inc. 503.645.0986 p 503.690.2942 f . R= 273.00. 1 Z'1~ Sw V1 V) G4 L=55.03' F f5 TAN=27.61' DELTA = 11'32'55" Y~v.. ~ ~ p5 • D lr ~N69°39'46"E 49.63 mum a ~ . w x z - 1Q rn Z ~ 5 rn~ N ~ - ; ~ I 3sz. L4 B SURVEY 5 _.8 4 00 ~W, T SS l cnrriv~ N D pr46 III W G 0 R= 16.00' SW DA VAN L=25.13' LANE 00 CIA TAN=16.00' CUTY Ud r-7a8ARD > Approved i ; DELTA = 89'59 06 Conditionally Approved 3 For only the work is'd®sdribbdin: - - ~ -~-Ul) PERMIT NO. ~ 4.0 a~ v 10&%s See Letter to: Follow I Attach Sctrfa t~. t¢0 O Job A es F/ ~y pfe By: nRt~. Z b r ! o a aJ G s BELLA VISTA LOT 14 SCALE: 1" - 20 a ENGINEERING & LAND SURVEYING DESIGNED: PREPARED FOR: 0 RJ RIVERSIDE HOMES i CL 8835 SW Canyon Ln. DRAWN: Suite 402 1925 NW AMBER GLEN PKWY, SUITE 200 Odo Portland, OR 97225 SW BEAVERTON, OR 97006 CHECKED: (503) 645-0986 ~ H,Inc. RJ (503) 690-2942 o i` DATE: p 4 3 5503) 291-9398 6/20/03 3