VAR1996-00001
EXHIDIT A'
CITY OF TIGARD
NOTICE OF DECISION
VARIANCE (VAR) 96-0001
BOWEN DEVELOPMENT FIELDCREST COURT APTS.
1. APPLICATION SUMMARY
CASE: FILE NAME: BOWEN FIELDCREST COURT APTS. VARIANCE
Variance VAR 96-0001
PROPOSAL: A request by Bowen Financial Services for a variance approval to the
rear yard setback for units A-1 through A-5, and B-1 in building #1
units A-6, A-7, A-8, B-2 and B-3 in building #2; units B-4 and B-5 in
building #3; and A-15 through A-17 in building #4 (SUB 95-
0005/PDR 95-0006NAR 95-0010/SLR 95-0015). The
bufferline/property line setback will vary from zero feet to 17 feet on
each lot, since the property line runs diagonally across the property.
For units A-6, B-2, and B-3, the setback will be approximately 3 feet.
APPLICANT: MCM Architects OWNER: Bowen Financial Services
1022 SW Salmon, Suite 350 111 SW Fifth Avenue
Portland, Oregon 97205 Portland, OR 97204
ZONING
DESIGNATION: R-25 (Residential, 25 units per acre).
LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive. WCTM 1 S1 33DB, tax lot 4300).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.134.050.
II. DECISION
Notice is hereby given that the Planning Director for the City of Tigard has APPROVED
the above request. The findings and conclusions on which the decision is based are
noted in Section IV.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN
MONTHS OF THE DATE OF THE FINAL DECISION.
NOTICE OF DECISION VAR 96-0001 BOWEN FIELDCREST COURT APTS. PAGE 1
III. BACKGROUND INFORMATION
Proper History
In 1995, the Planning Commission approved a Subdivision, Planned Development,
Variance and Sensitive Lands Review.(SUB 95-0005/PDR 95-0006NAR 95-0010/SLR
95-0015) to allow the following:
1.) Subdivision preliminary plat approval to divide an approximately 4.71 acre parcel
into 52 lots ranging between 1,900 square feet to 6,800 square feet;
2.) Planned Development Review to allow construction of a private street and to allow
attached single-family residential dwellings adjacent to single-family detached
residential dwellings;
3.) Variance approval to allow a cul-de-sac to serve 52 units, whereas, the code limits
a private street to serve a maximum of 20 lots, and a variance to allow a cul-de-
sac of 780 feet, whereas, the code states the maximum cul-de-sac length shall be
400 feet; and
4.) ' Sensitive Lands Review to allow development within wetland area.
The Planning Commission discussed the potential for a variance to rear yard setbacks at
a public hearing on September 18, 1995. The Planning Commission approved the
variance in concept, as it was compatible with the intent of the planned development and
to the overall design of the project. Since the application at that time did not request a
variance to rear yard setbacks, a variance could not be granted as part of that application.
It was conditioned that the applicant make application for an administrative variance for
setbacks on certain lots adjoining the wetland buffer. The Washington County Unified
,Sewerage Agency requires a 25 foot buffer to be provided in a separate tract. This is in
addition to rear yard requirements.
Vicinity Information:
The surrounding properties to the south and east are zoned R-12 (Residential, 12.units
per acre). Property to the north and west is zoned is zoned R-25 (Residential, 25 units
per acre). The adjoining property to the north is owned by the City of Tigard and is a
greenway area. Adjoining property to the east and south is developed with single-family
subdivisions. The area is predominantly developed with single-family residential
dwellings.
NOTICE OF DECISION VAR 96-0001 BOWEN FIELDCREST COURT APTS. PAGE 2
Site Information and Proposal Description:
The 4.71 acre, vacant site is rectangular in shape. The property is covered with low
vegetation and a stand of fir trees. Wetlands have been delineated along the northern
property boundary. The site slopes from a high. elevation of 191 feet along the southern
boundary to an elevation of 175 feet along the northern boundary.
The applicant requests a variance approval to the rear yard setback for units A-1 through
A-5, and B-1 in building #1; units A-6, A-7, A-8, B-2 and B-3 in building #2; units B-4 and
B-5 in building #3; and A-15 through A-17 in building #4 (SUB 95-0005/PDR 95-
0006/VAR 95-0010/SLR 95-0015). For these units, the bufferline/property line setback
will average from zero feet to 17 feet on each lot, since the property line runs diagonally
across the property., For units A-6, B-2, and B-3, the setback will be approximately 3 feet.
IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Community Development Code Section 18.134.050 provides standards for granting a
variance as indicated in bold print below:
The proposed variance will not be materially detrimental to the purposes of this
title, be in conflict with the policies of the Comprehensive Plan, to any other
applicable policies and standards, and to other properties in the same zoning
district or vicinity. The proposed variance will not be detrimental to City standards nor
to adjoining properties since the rear yard abuts a City greenway. City of Tigard
Community Development Code standards and Comprehensive Plan Policies have been
satisfied with the review and approval of the subdivision application. This variance will not
effect City development standards or Comprehensive Plan Policies protecting natural and
sensitive land areas since they are protected by Division of State Lands permit processes
and City greenway ownership.
There are special circumstances that exist which are peculiar to the lot size or
shape, topography or other circumstances over which the applicant has no control,
and which are not applicable to other properties in the same zoning district. The
special circumstances which exist are the Unified Sewerage Agency requirement to
provide a wetland buffer within a separate tract, the site's shape, and the provision of a 30
foot buffer and tree preservation area along the southern property boundary. . The
wetland buffer effectively provides the function of the City's setback requirement.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while
permitting some economic use of the land. The requested variance will in no way
affect the permitted use status of the attached single-family residential dwellings
NOTICE OF DECISION VAR 96-0001 BOWEN FIELDCREST COURT APTS. PAGE 3
approved with the original subdivision application. This variance is limited to the setbacks
applicable to those dwellings. All other City standards will be maintained as reviewed in
the original application.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms, or parks will not be adversely affected any more than would
occur if the development were located as specified in this title. The impact of this
variance will be limited to an encroachment on the required rear yard setback. Natural
systems will not be effected by this variance since they will be protected by the USA
buffer, nor will there be changes in traffic or drainage as a result of this variance.
The hardship is not self-imposed and the variance requested is the minimum
variance which would alleviate the hardship. The hardship related to this variance is
not self-imposed. Under the subdivision approval, the applicant was required to provide a
25 foot buffer the length of the delineated wetland. Since the buffer will be crossing
multiple property lines, this buffer is required to be provided within a separate tract. With
this requirement, the buffer boundary becomes the rear property line of each lot. As a
result, the setback is taken from the wetland buffer/property line and not the original
propery line. The hardship is the fact that the buffer encroaches upon the applicant's
property and the fact that this buffer must be provided within a separate tract. The
applicant is further limited in that it is not feasible to relocate the proposed dwellings
further away from the wetland buffer/property line because of a 30 foot tree preservation
area located on the southern property line and the street width's required within the
subdivision. (Note: If the applicant had applied for a multi-family apartment complex, the
regulations are such that the wetland buffer would not have to be provided as a separate
tract. This tract is only required when the buffer crosses property lines, not when it is
contained on a single property., If the subdivision had not been applied for, the proposed
site plan would then comply with setback standards.) The requested variance is the
minimum variance which would alleviate the hardship as it applies to a limited number of
lots and as the reduction will not eliminate the provision of setbacks. A setback will
effectively be provided with the'wetland buffer.
V. OTHER STAFF COMMENTS
The City of Tigard Engineering Department states that the department would have
serious concerns if the applicant were proposing any disturbance in the buffer, except for
those allowed by USA Resolution and Order 91-47. One such exception would be the
storm pipe outfall from the water quality facility.
The City of Tigard Building Division states that portions of the buildings within five (5)
feet of the property line shall be of,1-hour fire-resistive construction and without openings.
NOTICE OF DECISION VAR 96-0001 BOWEN FIELDCREST COURT APTS. PAGE 4
The City of Tigard Maintenance Services Department and the City of Tigard Water
Department have reviewed this application and have offered no comments or objections.
VI. AGENCY COMMENTS '
Unified Sewerage Agency, and Tualatin Valley Fire District have reviewed this
application and have offered no comments or objections.
No other comments have been received.
VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
The applicant and owners'
XOwners of record within the required distance
-Affected government agencies
Final Decision:
THE DECISION SHALL BE FINAL ON MARCH 25, 1996
UNLESS AN APPEAL IS FILED.
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code which
provides that a written appeal must be filed with the City Recorder within 10 days after
notice is given and sent. The appeal fee schedule and forms are available from the
Planning Division at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223.
The deadline for filing of an appeal is 3:30 p.m. on March 25, 1996.
Questions:
If you have questions, please call the City of Tigard Planning Department, City of Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
NOTICE OF DECISION VAR 96-0001 BOWEN FIELDCREST COURT APTS. PAGE 5
Ze IY&~ b 3/14/96
PREPARED BY: William D'Andrea DATE
nt Planner
sa 3/14/96
APPROVED BY`. Richard Bewers DATE
Senior Planner
NOTICE OF DECISION VAR 96-0001 BOWEN FIELDCREST COURT APTS. PAGE 6
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PLOT PLAN casE No.
VARIANCE (VAR) 96-0001
EXHIBIT MAP NORTH BOWEN FIELDCREST CT. APTS.
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Vicinity Map VAR 96-0001
Note: Map is not to scale N Bowen Dev./MCM Architects
VAR 9&-0001 BOWEN FIELDCREST CT. APTS. VARIANCE (Page 1/2)
EXHINIT 13
1S133DB-06100 1S133DB-05000
BENZ, DOUGLAS R AND DEBRA I BREITBARTH, NIKKI A
. 1'1025 SW ESCHMAN WAY 13123 SW WINTERLAKE CT
TIGARD, OR 97223 TIGARD, OR 97223
• 1S133CA-00300 1S133DB-05600
COE, GARY R COLLINS, DOUGLAS ALAN
11115 SW 135TH AVENUE 11074 SW 131ST PL
PORTLAND, OR 97223 TIGARD, OR 97223
i
1 S133AC-08000 1 S133DB-05500
GRABHORN, BURTON E HALLOCK, PETER M AND DEBRA M
11493 SE 82ND 11090 SW 131ST PL
PORTLAND, OR 97266 TIGARD, OR 97223
1S133DB-06301 1S133DB-06400
HUGHES, SHARON/STEPHEN P KARLS, MICHAEL J/TRACIE KENYON
11069 SW ESCHMAN WAY 11081 SW ESCHMAN WAY
TIGARD, OR 97223 TIGARD, OR 97223
1S133DB-05700 1S133DB-04900
KERNER, PATRICK M AND MYNDEE E LEHNOW, JOSEPH E/LESLIE J
11056 SW 131 ST PL 13145 SW WINTERLAKE CT
TIGARD, OR 97223 TIGARD, OR 97223
1S133CA-00500 1S133CA-00700
NELSON, GARY R PATSY A NELSON, GARY R A
11295 SW 135TH AVE 112,95S H
TIGARD, OR 97223 RD, OR 97223
1S133DB-05800 1S133DB-04300
RYMAL, CHARLES D & SUSAN K SCHOLLS FERRY ROAD LLC
11038 SW 131ST PL BY BOWEN FINANCIAL SER CO
TIGARD, OR 97223 111 SW FIFTH AV
ATTN: R C BOWEN
POI~TLAND, OR 97204
1S133DB-04300 1S133CA-00200
SCHOLLS FERRY ROAD LLC SHRADER, DALE STEE
BY BOWEN FINANCIAL SERVICES CO 310 3R E
111 SW FIFTH AVE I QUAH, WA 98027
ATTN: WALTER C BOWEN
PORTLAND, OR 97204
1S133CA-00100 1S133DB-04800
SHRADER, DALE G TRUSTEE SMITH, BRADLEY D & MARI A
310 3RD AVE NE 13156 SW WINTER LAKE CT
ISSAQUAH, WA 98027 TIGARD, OR 97223
1S133DB-05900 1S133DB-00101
STASHIN, TIMOTHY M & CARLA M TIGARD, CITY OF
11012 SW 131ST PLACE 13125 SW H
TIGARD, OR 97223 B 3397
POARD, OR 97223
VAR 96-0001 BOWEN FIE•DCRFSr CT. APTS. VARIANCE (Page 2/2) ~~1TX
1S133CA-00400 1S133DB-07200
TIGARD, CITY TIGARD, CITY OF '
. 1'3125 SW LL 13125 SW
r0 23397 PO B 3397
ARD, OR 97223 _ ARD, OR 97223
1S133DB-06200 MCM ARCHITECTS
VAKIATHANA,NOOTCHANART 1022 SW SALMON, SUITE 350
11047 SW ESCHMAN WAY PORTLAND OR 97205
TIGARD, OR 97223
BOWEN FINANCIAL SERVICES
111 SW FIFTH AVENUE
PORTLAND OR 97204
.j~
City of Tigard, Oregon
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington )Ss.
City of Tigard )
I, Patricia L. Lunsford, being first duly swom/affirm, on oath depose and say:
that I am an Administrative Specialist II for The City of Tigard, Oregon.
❑ That I served NOTICE OF (AMENDED. PUBLIC HEARING FOR:
(Crack box above, it applicable) (check appropriate box below) (Enter Public Hearing Date above)
❑ City of Tigard Planning Director
❑ Tigard Planning Commission
❑ Tigard Hearings Officer
❑ Tigard City Council.
That I served NOTICE OF (AMENDED DECISION FOR:
(pack boxab-,%Napplicable) City of Tigard Planning Director
❑ That I served-NOTICE OF (AMENDED FINAL ORDER FOR:
(crack box above, if apocabie) (check appropriate box below)
❑ . City of Tigard Planning Director
❑ Tigard Planning Commission
❑ Tigard Hearings Officer
0 Tigard City Council
❑ That I served OTHER NOTICE OF FOR:
A copy of the PUBLIC HEARING NOTICEINOTICE OF DECISION/NOTICE OF FINAL ORDERIOTHER NOTICE(S)
of whnerl attached, marked Exhibit "A", was miled to eachJr d pe on(s) at the address(s) shown on the
att acj (s), marked Exhibit "B", on a d of lr/G 199, and deposited
in the Unit States , Matl-w the day f 199 ; postage prepaid.
Pre Notice .
Subscribed and sworn/affirmed before the -LLday of , 19
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 046142
MY COMMISSION EXPIRES SEPTEMBER 07.1999 NOTARY PUBLIC O REG N
My Commission Exp Wes:
PILE INPO.:~
NAME(S):
CASE NO.(S): VA ql/ -M0
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FAX TRANSMITTA16 0
DATE: March 8. 1996
TO: Mary White, Legals (fax) 624-0338
FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171
PLACE UNDER CITY OF TIGARD LOGO
IN THE LEGALS SECTION
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
The A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For
lots #30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on
each lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134.
(PLACE VICINITY MAP HERE)
The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department,
Tigard Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on 3/27/96. Any
party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the
Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given
and sent. The deadline for filing of an appeal is 3:30 PM 3/27/96.
TT PUBLISH DATE: 3/14/96
VAR 86.0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAWREQUEST FOR COMMENTS
• •
•1
OF TIGARD
REQUEST FOR COMMENTS
DATE: February 7, 1996
TO: Per Attached
FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315)
Phone: (503) 639-4171 Fax: (503) 684-7297
RE:
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and'! 8.134.
Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: Monday - February 19,1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
(Pleaseprmidethefo&nanginfomation) Name of Person(s) Commenting:
Phone Number(s):
VAR 96.0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAVREQUEST FOR COMMENTS
t
REQUEST FOR. COMMENTS
NOTIFICATION UST FOR LAND USE A bevnOPMEW APPLICATIONS
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CIT Area. JWI S C ® Placed for review in CIT Book Ull
17
I~ tiLOG.'oEPL/David Scott. eu~nomm - POLICE DEPT./Kelley Jennings, -p6pEIATIONS/John Acker, .am $pm.
CITY ADMIN./Cothy Wheatley, atfoo vdr DING. DEPT./Brian Roger, o..an,.,,,,~..a„6d„., -COM.DEV. DEPL/D S.T.'S
ADV. PLNG./Nodrne Smith. !M!ts t/WATER D< -/Michael MAW, 0o.,,,m#AW40pwc MCI am
SPECdAir~1~'~$
Z ^R LL ZUNIREDSEWERAGE AGENCY _ TUALATIN VALLEY WATER DIST.
Gene Brr hel SWM Progrorn/Lee Walker PO Box 745
Wo. County Re District 155 N. Frst Street Beaverton, OR 97075
HBSbora, OR 97124
WA. CO DEPT. OF LAND USE i TRANSP. _ METRO AREA BOUNDARY COMMISSION _ METRO-GREEISPACES
' ISO N. Fist Avenue
" Hillsboro. OR 97124 800 ~ Oregon St f 16. Suite 540 Mel Huie (CPA`t/ZOA's)
Portland, OR 97232-2109 600 NE Grand Avenue
_ Brent Curtis (CPA's) _ STATE HIGHWAY DIVISION Portland OR 972322736
- Jon Tice (IGAS) Sam Humid _ ODOT/REGION 1
_ Scott Irzig Borreson
(CPAs) ) PO Back 25412 Laurie Nicl n/irons, Planning
Portland OR 97225-0412 123 N.W. Flanders
-Tom Harry.(Cunrent Warning Apps) Portland, OR 97209-4037
_ Lyn Barley (Current Planning Apps) _ OREGON DLCD (CPA's/IOA's)
1175 Court Street, N .E.
_ ODOT/REGION 1. DISTRICT 2,A
_ CITY OF BEAVERTON Salem, OR 973104)590 Bob Schnridt/Engineering Caard.
Laity Conrad. Senior Planner 2131 SW Schols/PO Box 25412
I PO Box 4755 CITY OF PORTLAND Portland, OR 97225
Beaverton, OR 97076 Planning Director
1120 SW Sth _ OTHER
_ CITY OF KING CITY Portland, OR 97204
City manager _ CITY OF LAKE OSYYEGO
15300 SW 116th _ CITY OF DURHAM
City Manager
ICerg City. OR 97224 City Mo noger PO
PO Box 369
PO Box 23483 Lake Oswego. OR 97034
-CITY OF TUALATIN . Tigard OR 97281.3483
PO Box 369
Tuok*16 OR • 97062
SPECiALA6L'NC
_ G
Elaine Self. ENERAL TELEPHONE ELECTRIC _ PORTLAND GENERAL ELECTRIC - COLUMBIA CAN CO.
PO Box 23416 14Brian Moore 655 SW Old Schols Ferry Rd. 114
Tigard OR 972813416 Beaverton, OR 97007 200 SW Br Court
• Beaverton. O OR 9 97OD 00.5
NW NATURAL GAS CO. Taepopsn,»s METRO AREA COMMUNICATIONS -TRt-MET TRANSIT DEVELOPMENT
1 Scoff Panner OMM4!! Jason Hewitt Kim Knox, Project Planner
220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street
Portland. OR 972093991 1815 NW 169th Place S-6020 Portland, OR 97232
Beaverton, OR 97006.4886 .
- TCI CABLEVISION OF OREGON _ US WEST COMMUNICATIONS -SOUTHERN PACIFIC TRANS CO.
Linda Peterson Pete Nelson Duane M. Forney. PIS-Project Eng.
3500 SW Band Street 421 SW Oak Street 800 NW 6th Ave., Room 324
Portland. OR 97201 Portland OR 97204 Union Station
Portland, OR 97209
- AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS - US POSTAL SERVICE
- COMMERCE:DEPT.-M.H. PARK _ FISH & WILDLIFE Randy Hornmock Growth Cord.
- PUC - DOGAMI Cedar Mill Station
- DEPT. OF ENVIRONMENTAL QUALITY Portland. OR 97229-9998
OTHER - U.S. ARMY CORPS. OF ENGINEERS
Fieldcrest Court
Applicant's Statement
11996
Variance Requested
18.56.050 Dimensional Requirements
3 (d) Rear setback
For single family dwellings the rear yard shall be a minimum of 15 feet. We
are requesting a variance with this Site Development Application to allow for
a reduced rear yard set back at specific units which back up to a wetland and
have a 25 foot wide buffer provided.
The units which are affected include units A-1 through A-5, and B-1 in
0-~A-15through uildin _ #1 • B-2 and B-3 in Building #2; B-4 and B-5 in Building #3; and
A-17 in Building #4. The buildings and units are indicated on
the site plan included with this Variance Request.
The proposed variance meets the variance approval criteria in the following
manner:
1. The proposed variance will not be materially detrimental to the purposes
of this title, be in conflict with the policies of the comprehensive plan, to any
other applicable policies and standards, and to other properties in the same
zoning district or vicinity;
1.1 The purpose of the required building setback is to ensure that there is
adequate distance between on site buildings and other on-site and off-site
buildings on adjoining properties to provide for adequate light and air
circulation and for fire protection. Each of these buildings and the units
identified back onto a wetland area. Between the wetland area and the
building lots there is a 25 foot wide buffer zone. While this .buffer zone
cannot be built on or used by the homeowner, it along with the wetland
beyond provides light, attractive views and privacy to the homeowners. It
also provides adequate access for fire protection and maintenance of the
buildings.
2. There are special circumstances that exist which are peculiar to the lot size
or shape, topography or other circumstances over which the applicant has no
control, and which are not applicable to other properties in the same zoning
district;
2.2 The entire northern edge of this development is formed by a wetland
dropping down to a stream. The irregular edge of the wetland and the
required buffer zone create an irregular rear lot line of the units affected. The
rear lot line at the designated units is angled so that the actual setback distance
varies with each unit. This circumstance is created solely by the location and
configuration of the wetland and is specific to this piece of property.
3. The use proposed will be the same as permitted under this title and City
standards will be maintained to the greatest extent that is reasonably possible
while permitting some economic use of the land;
3.1 The requirement for combining the buffer and setback which creates a 40
foot setback has been created by USA's request that the buffer be kept under a
common ownership. If the property was being developed for use under
single ownership the setback would only be 25 feet.
3. 2 The requirement for private outdoor area of at least 48 SF is provided by
decks at the upper floor level. This provides area to enjoy the proximity to
the wetlands at the same time respecting the buffer zone. None of the decks
would project into the buffer zone. In addition the sharp angle that the rear
lot line makes relative to the back of the units creates adequate space for
concrete patios at the back of each unit.
3.3 The requirement for screening to provide privacy and protection from
adverse impacts of visual or noise pollution without unduly interfering with
the view from neighboring properties or jeopardizing the safety of
pedestrians and vehicles is not affected by this variance because the
designated wetlands, which has been deeded to the City, will remain a natural
area.
3.4 This variance will not effect requirements for visual clearance.
3.5 This variance will not effect the requirement for lot coverage as the 25
buffer zone will remain under the ownership of the development and cannot
be built upon.
3.6 This variance will not encroach on any existing easements.
4. Existing physical and natural systems, such as but not limited to traffic
drainage, dramatic land forms, or parks will not be adversely affected any
more than would occur if the development were located as specified in the
title; and
4.5 This variance will have no effect on the physical and natural systems.
The units are split level to fit the topography and staggered to align with the
edge of the greenway. The proposed use will both preserve and take
advantage of natural beauty of the greenway.
5. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
5.1 The condition is not self-imposed, it is created by the USA requirement
that the buffer zone be under common ownership. Because the units are
single family homes this creates a pattern of multiple ownership. The
variance requested will provide the same setback that is allowed under the
current code when the land is under single ownership.
RECE ED PLANNING
FE 13 1996
i
Y OF TIGARD
REQUEST FOR COMMENTS
DATE: February 7, 1996
TO: David Scott. Building Official
PROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x3151
Phone: (503) 639-4171 Fax: (503) 684-7297
RE:
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134. '
Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information 'supplied by various
departments and agencies and from other information available to our staff, a report and recommendation willibe prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: Monday - February 19, 1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
Gl~C~ c(/J/ d~ Z 214 &14
s~ -
o r vh ( , tit I 1 W i J <f S~ o L-
P~ N~~ !J IL / ' /a-/" Z L- =.1 17 .14 t C ~1 J Y J- L., c Z/ y:t;
0 ~P A ~ ~ 9 I - i-fit =%~F'~'~ ~ 7 ~il ~ t~//~1(J~ a Q~ ~l~►'o ~~R ~
(Pfeasepmvidetkefo&ntinginfomation) Name of Person(s) Commenting:
71
Phone Number(s): jj)
VAR 90-0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAUREQUEST FOR COMMENTS
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: March 10, 1996
TO: Will D'Andrea
FROM: Brian Rager, Development Review Engineer..
RE: VAR 96-0001 BOWEN FIELDCREST COURT
REAR YARD SETBACKS
I have reviewed the staff report for SUB 95-0005 along with the conditions of approval
for this project. With regard to the delineated wetland and the buffer, I believe the
following to be true:
1. A 25' buffer is required; no exceptions. (See Conditions 14 & 16 of SUB
95-0005).
2. The buffer shall be placed in a tract on the subdivision plat (Pg. 8 of Final
Order).
3. The proposed water quality swale shall not be placed in the buffer (Pg. 21,
Item I.c. of USA comments).
Assuming these items are true, which to me indicate there is to be no disturbance of the
buffer, I do not have any problem with the proposed variance. I would have serious
concern, however, if the applicant were proposing any disturbance in the buffer, except
for those allowed by USA Resolution and Order 91-47. One such exception would be the
storm pine outfall from the water quality facility.
i Aeng\bri am\var96-01.bdr
PAGE 1
L
'G
i
OF TIGARD
REQUEST FOR COMMENTS
DATE: February 7. 1996
TO: Greg Berry, Engineering
FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315)
Phone: (503) 639-4171 Fax: (503) 684-7297
RE:
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE 4,
A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134.
Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: Monday - February 19,1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
is Please refer to the enclosed letter. -64--
Written comments provided below:
(Tfease provide thefo&m4ng infomation) Name of Person(s) Commenting: '2 -1 Jcr
Phone Number(s):
VAR 96-0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAVREQUEST FOR COMMENTS
SW 135im AVENUE I I'
_
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,
SW 133RD AVENUE r=- V
& 4 LL
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PLOT PLAN CASE NO.
VARIANCE (VAR) 96-0001
EXHIBIT MAP. xex l
BOWEN FIELDCREST CT. APTS.
i
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vicinity N p VAR 96-0001
BOWEN DEVACM ARMTEC
Fieldcrest Court
Applicant's Statement
119%
Variance Requested
18.56.050 Dimensional Requirements
3 (d) Rear setback
For single family dwellings the rear yard shall be a minimum of 15 feet. We
are requesting a variance with this Site Development Application to allow for
a reduced rear yard set back at specific units which back up to a wetland and
have a 25 foot wide buffer provided.
The units which are affected include units A-1 through A-5, and B-1 in
Building #1; A-6, B-2 and B-3 in Building #2; B-4 and B-5 in Building #3; and
A-15 through A-17 in Building #4. The buildings and units are indicated on
the site plan included with this Variance Request.
The proposed variance meets the variance approval criteria in the following
manner:
1. The proposed variance will not be materially detrimental to the purposes
of this title, be in conflict with the policies of the comprehensive plan, to any
other applicable policies and standards, and to other properties in the same
zoning district or vicinity;
1.1 The purpose of the required building setback is to ensure that there is
adequate distance between on site buildings and other on-site and off-site
buildings on adjoining properties to provide for adequate light and air
circulation and for fire protection. Each of these buildings and the units
identified back onto a wetland area. Between the wetland area and the
building lots there is a 25 foot wide buffer zone. While this .buffer zone
cannot be built on or used by the homeowner, it along with the wetland
beyond provides light, attractive views and privacy to the homeowners. It
also provides adequate access for fire protection and maintenance of the
buildings.
2. There are special circumstances that exist which are peculiar to the lot size
or shape, topography or other circumstances over which the applicant has no
control, and which are not applicable to other properties in the same zoning
district;
2.2 The entire northern edge of this development is formed by a wetland
dropping down to a stream. The irregular edge of the wetland and the
required buffer zone create an irregular rear lot line of the units affected. The
rear lot line at the designated units is angled so that the actual setback distance
varies with each unit. This circumstance is created solely by the location and
configuration of the wetland and is specific to this piece of property.
3. The use proposed will be the same as permitted under this title and City
standards will be maintained to the greatest extent that is reasonably possible
while permitting some economic use of the land;
3.1 The requirement for combining the buffer and setback which creates a 40
foot setback has been created by USA's-request that the buffer be kept under a
common ownership. If the property was being developed for use under
single ownership the setback would only be 25 feet.
3. 2 The requirement for private outdoor area of at least 48 SF is provided by
decks at the upper floor level. This provides area to enjoy the proximity to
the wetlands at the same time respecting the buffer zone. None of the decks
would project into the buffer zone. In addition the sharp angle that the rear
lot line makes relative to the back of the units creates adequate space for
concrete patios at the back of each unit.
3.3 The requirement for screening to provide privacy and protection from
adverse impacts of visual or noise pollution without unduly interfering with
the view from neighboring properties or jeopardizing the safety of
pedestrians and vehicles is not affected by this variance because the
designated wetlands, which has been deeded to the City, will remain a natural
area.
3.4 This variance will not effect requirements for visual clearance.
3.5 This variance will not effect the requirement for lot coverage as the 25
buffer zone will remain under the ownership of the development and cannot
be built upon.
3.6 This variance will not encroach on any existing easements.
4. Existing physical and natural systems, such as but not limited to traffic
drainage, dramatic land forms, or parks will not be adversely affected any
more than would occur if the development were located as specified in the
title; and
4.5 This variance will have no effect on the physical and natural systems.
The units are split level to fit the topography and staggered to align with the
edge of the greenway. The proposed use will both preserve and take
advantage of natural beauty of the greenway.
5. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
5.1 The condition is not self-imposed, it is created by the USA requirement
that the buffer zone be under common ownership. Because the units are
single family homes this creates a pattern of multiple ownership. The
variance requested will provide the same setback that is allowed under the
current code when the land is under single ownership.
qECEIVED PLANNING
FEb931996
OF TIGARD
REQUEST FOR COMMENTS
DATE: February 7. 1996' FEB 14 1996
TO: Washington County Fire Marshall FIRE MAkbHALS or FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x31 0
Phone: (503) 639-4171 Fax: (503) 684-7297
RE:
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134.
Attached is the Site Plan, vicinity Map and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be -rendered -on the proposal 'in- the near -future: If you 'wish to comment'on this application, WE NEED YOUR
COMMENTS BACK BY: Monday - February 19, 1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to respond by the above date, please phone the staff contact-noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
,~Pkase provide the fo&Yun'ng information) Name of Person(s) Commenting:
Phone Number(s):
VAR 96-0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAVREQUEST FOR COMMENTS
4., I
TUALATIN VALLEY FIRE & RESCUE
AND
BEAVERTON FIRE DEPARTMENT
• 4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526-2469 • FAX 526-2538
Vj
February 19, 1996 ~4/r-'F1ED
.
1916
da
Will D'Andrea o
City of Tigard Planning Department
13125 S.W. Hall. Blvd.
Tigard, Oregon 97223
Re: Fieldcrest Court Subdivision
S.W. Scholls Ferry Road/S.W. 135th
File Number: 465-95
Dear Will:
This is a Fire and Life Safety Plan Review and is based on the 1991 editions of the
Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and
Uniform Mechanical Code (UMC) specifically referencing the fire department, and other
local ordinances and regulations.
This plan review shall become a part of the approved plans and attached thereto.
Plans cannot be approved at this time due to the lack of detail (one page site plans are
unacceptable).
Provide detailed drawings showing dimensions, roadway grades, widths, hydrant
placement, etc.
If you have questions or need additional information, please contact me at 526-2469
referring to the above noted file number.
Sincerely,
Jerry L. Renfro, DFM
Plans Examiner
JLR:kw
"Working" Smoke Detectors Save Lives
&IVED PLANNING
FEB 2.11996
OF TIGARD
REQUEST FOR COMMENTS
DATE: February 7, 1996
TO: Michael Miller, Operations Water Department Manager
FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315)
Phone: (503) 639-4171 Fax: (503) 684-7297
RE:
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1 S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134.
Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: Monday - February 19, 1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
ftfeuepmvidethefo&nt4nginfomration) Name of Person(s) Commenting:
MITE /L
Phone Number(s):
x 3`l ~
VAR 96.0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAIJREQUEST FOR COMMENTS
• RE fth iiiii4G
FED 141996
11.1, mum
OF TIGARD
REQUEST FOR COMMENTS
DATE: February 7, 1996
V
TO: John Acker. Operations Maintenance Supervisor
FROM: City of Tigard Planning Department STAFF (03) TACT: William D'Andrea (x315)
Phone: ( 39-4171 Fax: (503),684-7297
RE:
VARIANCE (VAR) 96-0001
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
A request for Variance approval to the rear yard setback on lots #30-32 and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For lots #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1 S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family 'detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134.
Attached is the Site Plan, Vicinity Map and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: Monday - February 19, 1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
+6~3_ Arc.-~ EE 6 EC TM ~
ftfease pmvide thefo&nang infomation) Name of Person(s) Commenting:
Phone Number(s):
VAR 96-0001 BOWEN FIELDCREST CT. APTS VARIANCE PROPOSAVREQUEST FOR COMMENTS
U
1
ITY 40'nGAID
REQUEST FOR COMME TS
DAZE: February 7, 1996
TO; t ee Walker, Unified Sewerage Agency/SWM Program .
PROM: City of Tigard Planning Department STAFF: CONTACT: William D'Andrea (x315)
Phone:~503) 638-4171 Fax: (503) 684-7297
RE:
VARUNICE (VAR) 96-000,
➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
A request for Variance approval to the rear yard setback on lots 930- and #39-52 (SUB 95-0005). For lots
#30-32, 39, 41-43, and 46-52, the bufferline/property line setback will average from zero feet to 17 feet on each
lot, since the property line runs diagonal across the property. For Ic$s #40, 44, and 45 the setback will be
approximately two (2) feet. LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of
SW Winter Lake Drive (WCTM 1S1 33DB, tax lot 4300). ZONE: Residential, 25 Units per acre (R-25). The R-
25 zone allows single-family attached, single-family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parks and su4division, public support services, family
day care, home occupation, temporary use, and accessory structures, among other uses. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.54 and 18.134.
Attached is the Site Plan, Vicinity Map and applicant's statement for your,review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, M NEED YOUR
COMMFNTS BACK BY: Monday - February 19, 1996. You may use the space provided below or attach a separate letter to return
your comments. If you are unable to teapond by the above date, please. phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you gave any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: D E.E C E U V E
We have reviewed the proposal and have no objections to it. _ Please contact of our o
_ Please refer to the enclosed letter. rBy
Written comments provided below:
.r
OF TIOARD lCM PROPOSAL DESCRIPTION
PILE NO: VARIANCE (VAR) 96-0001
PILE TITLE: ➢ BOWEN FIELDCREST COURT APTS. VARIANCE Q
BOWEN DEVELOPMENT/MCM ARCHITECTS
APPLICANT: MCM Architects OWNER: Bowen Financial Services
1022 SW Salmon, Suite 350 111 SW Fifth Avenue
Portland, Oregon 97205 Portland, OR 97204
(503) 222-5757 (503) 274-8400
REQUEST: A request for Variance approval to the rear yard setback on lots #30-32 and #39-
52 (SUB 95-0005). For lots #30-32, 39, 41-43, and 46-52, the bufferline/property
line setback will average from zero feet to 17 feet on each lot, since the property
line runs diagonal across the property. For lots #40, 44, and 45 the setback will
be approximately two (2) feet.
LOCATION: East of SW 135th Avenue, north of SW 133rd Avenue and east of SW Winter Lake
Drive (WCTM 1 S1 33DB, tax lot 4300).
ZONE: Residential, 25 Units per acre (R-25). The R-25 zone allows single-family attached,
single-family detached, duplex residential units, multiple-family residential units,
residential care facilities, mobile home parks and subdivision, public support services,
family day care, home occupation, temporary use, and accessory structures, among
other uses.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.54 and 18.134.
CIT: West CIT FACILITATOR: List Available Upon Request
PHONE NUMBER: (503)
DECISION MAKING BODY
X STAFF DECISION
PLANNING COMMISSION DATE OF HEARING: TIME: 7.30
HEARINGS OFFICER DATE OF HEARING: TIME: 7:00
CITY COUNCIL DATE OF HEARING: TIME: 7:30
RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
X VICINITY MAP LANDSCAPING PLAN ) NARRATIVE X
ARCHITECTURAL PLAN SITE PLAN X OTHER
STAFF CONTACT: William D'Andrea (503) 639-4171 x315
l
VAR 96-0001 BOWEN FIELDCREST Cr. APTS VARIANCE PROPOSAL/REQUEST FOR COMME111
~I•
1
- GiTY OF: Timm ~-OREGON
-7 'F
M r .x •j t.4 a 1
ADMINISTRATIVE VARIANCE APPLICATION L * i - :4 :r
CITY OF TIGARD, 13125 SW Hall, PO Bog 23397
Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY
CASE. NO. V A F_ "Ito- V
OTHER CASE NO'S:
RECEIPT NO.
APPLICATION ACCEPTED BY:
DATE: CZ,
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION East of SW 135th Ave., North (A) Application form (1)
of SW 133rd Ave., East of SW Winter Lake Drive (B) Owner's signature/written/
TAX MAP AND TAX LOT NO. WCTM 151 33DB authorization
Tax Lot.4300 (C) Title transfer instrument (1)
SITE SIZE 4.71 Acres S Map ) -7
PROPERTY OWNER/DEED HOLDER*Bowen Financial Services (E) Plot plan (pre-app check list)
ADDRESS111 SW Fifth Ave PHONE (503)274-8400 (F) Applicant's statement 7
CITY Portland Oregon ZIP 97204 (pre-app check list)
APPLICANT* MCM Architects (a., 161st -of prop er-ty=own;e=s=aad
ADDRESS 1022 SW Salmon, Suite 350 PHONE (503) 222-5757 - W itTfCV8 Min i vT
CITY Portland, Oregon ZIP 97205 (H) Filing fee (tM)
*When the owner and the applicant are different
people, the applicant must be the purchaser of record
or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of the owner with written
authorization. The owner(s) mustsign this
application'in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN/ZONE DESIGNATION:
2. PROPOSAL SUMMARY
The owners of record of the subject property
request permission for a Variance to the N.P.O. Number:
following provision(s) of the Community
Development Code. Approval Date:
18.56.050 Dimensional Requirements
Final Approval of Conditions:
3(d) Rear Set back. Request a reduced rear
Planning
yard set back at specific units which back to
Engineering
wetland with a 25 footbuffer provided
0521P/13P °
lev'd: 3/88
3. List any variance, conditional uses, or other land use actions to be considered
as part of this application: Variance for'reduced rear set back
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANT(S),SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. 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.
C. 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.
D. 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.
DATED this 22)row day of zravt-I-a v 19'~
SIGNATURES of each owner (eg. husband and wife) of the subject property.
woa - LS W . e Ya Cxec,
Bowen Financial Services
(KSL:pm/0737P)
1.: 1. FY OF 7 I Eli- UU - MUD I P 1' Of F'F 14'1+91: N I NEW A P I NO. : "u _ P , W+
~•tiJi~'If : 1:'•(JInJ[zN DEVEL.C11-'ME N'i CA"iW i011 PAN I 1t:1
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MCM
A R C H I T E C T S 1022 SOUTHWEST SALMON, SUITE 350 • PORTLAND, OREGON 97205 • USA • TELEPHONE 503 222 5757 • FAX 503 241 1514
TRANSMITTAL
DATE: January 24, 1996 DISTRIBUTION: VIA:
To: Will D'Andrea Nancy Hubbard(transmittal only) mail
Assistant Planner NUMBER OF PAGES TRANSMITTED: See below
Community Development Dept. PROJECTNUMBER: 94052
City of Tigard FILENAME: D'Andrea/1-24-96
13125 SW Hall Blvd.
Tigard, OR 97223
t Court
PROJECT: AreSr
FROM: VIA: COPIES DATED PAGE NO. DESCRIPTION
1 Application form for Variance
1 Special Warranty Deed
7 Site plans
7 Applicants statement
1 Check for $80.00
REMARKS:
Application for reduced rear yard setback in accordance with Final Order 95-09
PC, file name Bowen Fieldcrest Court.
V 4p,
SPECLAL_ wARRANTY~~rm
135th dt Scholl, Fem Road - Control No. 8'73
RECORDING REQUESTED. BY AND
WHEN RECORDED MAIL THIS DEED
AND, UNLESS OTHERWISE SHOWN
BELOW. MAIL TAX STATEMENT o T8:
Scholl, Ferry Road Road L.L.C.
('f c/o Bowen Financial Services Corporation
4 11 I S. W. Fifth Avenue
V Portland. Oregon 97204
Z Attention: Mr. Walter C. Bowen
V
"'==-c=ae===oa--=-=cccacaaoooacaQ=-o=~=--ao
THIS SPACE ABOVE FOR RECORDER'S USE
State of Oregon
The true consideration for this conveyance
County of Washington is $1,450,000.00.
THIS SPECIAL WARRANTY DEED is made this-Yday of u-.. , 1994
from COLONY MB PARTNERS, L.P., a Delaware limited partnership (the 'Grantor'), f
whose address is c/o Colony Advisors, Inc. 1999 Avenue of the Stars, 12th Floor, Los
Angeles. California 90067 to SCHOLLS FERRY ROAD L.L.C., an Oregon limited liability
company. (the 'Grantee"), whose address is I I I S.W. Fifth Avenue, Ponland, Oregon
97204.
WHEREAS, Grantor holds legal title to certain property more particularly
described in Exhibit A hereto (the 'Property'), and
WHEREAS, Grantor desires to convey to Grantee in fee simple all of its right,
title and interest in and to the Property.
NOW THEREFORE in consideration of Ten Dollars and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
rim sdm. r.ry Ra.a MASHINGTMN COUNTY
Cma lb• m REAL MOMrY TRANSFER rA8
$ NSO-Op X30
t'EE POO DATE _
a
Grantor, the Grantor does hereby grant, bargain, sell and convey unto the Grantee in
fee simple the Property.
TOGETHER WITH all and singular the ways, easements, tights, privikgd
o and appurtenances thereto or in any way appertaining, all itnprovrrneats thereon and
all the estate, right, title, interest and claim, either at law or to equity, of the Grantor in
the said Property,
TO HAVE AND TO HOLD the Property, together with the rights and
appurtenances thereto belonging, unto Grantee and Grantee's successors and assign:,
forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to
WARRANT AND FOREVER DEFEND the Properly unto Grantee and Grantee's success=
and assigns, against every person whomsoever lawfully claiming or to claim the same or
any part thereof, by, through or under Grantor, but not otherwise.
Y
11 However, this conveyance is made subject to the liens securing payment of
ad valorem taxes for
the current and all subsequent years, as wet] as 'to those matters of
record, or matters that could be disclosed by a visual inspection or accurate survey of
the Property, as of the date hereof. By acceptance of this deed Grantee agrees to pay
I the ad valorem taxes for the current and all subsequent years.
tiv~:,~~• EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE PURCHASE
AGREEMENT WHICH PROVIDES THE TERMS FOR THE CONVEYANCE OF THE REAL
PROPERTY WHICH IS THE SUBJECT OF THIS INSTRUMENT. IT IS UNDERSTOOD
AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS. OR
IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN
GRANTOR'S WARRANTY OF TITLE SET FORTH HEREIN), ZONING, TAX
CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF
ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROTECTIONS,
VALUATION,. GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OI
ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, W THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILI'iY, SUITABILTTY OR FITNESS
FOR A PARTICULAR USE. OR PURPOSE OF THE PROPERTY, (ii) THE MANNER OR
QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO
' THE PROPERTY AND (iii) THE MANN REPAIR OF
REPAIR OF THE PROPERTY. BY ITS ACCEPTANCE OF THIS SPECIAL W RARRAAN~'Ty F
DEED GRANTEE ACKNOWLEDGES THAT R HAS NOT RELIED UPON EITHER
DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF GRANTOR
13Sth & Sdxd Fcry P.Md
conad NO. an
33121.S - osioai%
.2.
x:
.ti
• - _ saw
OR ANY AGENT OF GRANTOR, GRANTEE REPRESENTS THAT IT IS A
KNOWUIDGEABLE PURCHASER OF REAL ESTATE AND THAT IT IS RELYING SOLELY
ON ITS OWN EVERTLSE AND THAT OF GRANTEES CONSULTANTS IN PURCHASING
THE PROPERTY AND THAT GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND
INVIU IOATiONS OF THE PROPERTY AS GRANTEE DEEMED NECESSARY,
INCLUDING, BUT NOT LIMITED 70, THE PHYSICAL AND ENVIRUN AL
MNDITMONS SOP, AND IS RELYING UPON SAME, BY ITS ACCEPTANCE OF
TM SPECIAL WARRANTY DEED GRAMM ASSUMES TH4 RISK THAT ADVERSE
IrImmms, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRAN EE+S
INSPSC'IIONS AND INVESTIGATIONS. BY rm ACCEPTANCE OF THIS SPECIAL
WARRANTY DEED GRAMM ACKNOWLEDGES THAT GRANTOR IS CONVEYING TO
GRAN 2E AND GRANTEE IS ACCEPTING THE PROPERTY -AS IS, WHERE IS". WITH
ALL FAULTS, BY ITS ACCEPTANCE OF THIS SPECIAL WARRANTY DEED GRAMM
FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL
AGREEMENTS, WARRANTiES, OR REPRESENTATIONS, COLLATERAL TO OR
AFFECTING THE PROPERTY BY GRANTOR, ANY AGENT OF GRANTOR OR ANY
THIRD PARTY.
THIS INSTRUMENT WILL NOT AU OW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE TAWS
AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WTTH 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.
(Grantor's signature an next page.)
IMh a sd,olb Pare aoW
cxww Nw in
ss~ais - aaioa~
-3-
\ T , 1 yf
F"
. t':r is 4'; 4.
r 7r ~q ter.}:•...:. y 1~ 1i;Cc
_ C
IN WTINESS WHMEOP, Grantor has caused this Decd to be c=tt~ed by
its trpr+eentative thereto duly authorized as of the day and yeas &st above vvtitm-
ODLONY IMB PARTNERS, LP, a
Delaware limited partnership,
By: Colorer invesamcnt Partnetxhip
IV-MM, LP., Metal PMer
By: WanyGP•CMB, LP.,
. general partner
I
By: Tobar Properties, inc.
managing general
partner
Br.
Title i of
rasm a Sdww vary and
U127.5 - WOW"
h~ 4-
EXHIBIT 'A'
LEGAL DESCRIPTION
A tact of land situatod in the Past half of Section 33, Township I South,
tho Willamette Meridian, in the City of Tigard, County of Wash'tngton and ~ State Se 1 of West. n
and being described as follows: Oregon
Beginning at a point on the East right of way line of SW 135th Avenue,
South 00. 02' 43' East 'a distance of 7,10 feet and North 89° 54' 13' Eau said int a didistance of
27.47 feet from the center of said Section 33. a Washington County brass cap found. said
point also being the beginning of a 22.00 foot radius curve right; thence on said curve
through a antral angle df 77° 07' 56' (the long chord of which bears North 51 ° 20' 15'
East, a distance of 27.43 feet) an alt: distance of 29.62 feet to the end thereof; thence North
89.54' 13' East a distance of 684.78 feet to the beginning of a tangent 175.00 foot radius
curve right; thence on said curve through a central angle of 19° 27' 47' (the long chord of
which bears South 80° 21' 54' East, 59.16 feet) an arc distance of 59.45 feet fo a point;
thence South 0° 03' 32' East a distance of 378.79 feet to a point on the North line of the '
Greeenway area; thence on said North line the following courses: South 61 ° 00' 19' West a
distance of 63.61 feet; thence South 64 ° 58' 08' West a distance of 48.95 feet; thence South
82' 46' 08' West a distance of 48.47 feet; thence South 82 ° 21' 32° West a distance of
35.60 feet; thence South 836 19' 29' West a distance of 51.78 feet; thence South 84° 07'
52' West a distance of 49.64 feet thence South 82° 21' 23' West a distance of 46.77 feet;
thence South 86° 02' 38' West a distance of 24.24 feet thence North 87° 07' 37' West a
distance of 48.77 fat; thence North 86° 39' 22' West a distance of 43.86 feet; thence North
85.01' 26' West a distance of 54.11 feet; thence North 79° 11' I1' West a distance of r•
41.32 feet: thence North 76' 43' 09' West a distance of 41.46 feet; thence North 79° 11'
41' West a distance of 43.89 feet;
thence North 86° 28' 01' West a distance of 45.37 fat;
thence North 86° 01' 46' West a distance of 38.01 feet; thence South 82° 23' 39' West a
distance of 34.29 feet; thence South 60° 46. 11' West a distance of 30:11 feet thence South
5S° 38' 25' West a distance of 12.66 feet to the intersection point with the East right of way
line of SW 135th .Avenue, said point being 30.00 feet from centerline when measured at right
angles; thence North 0° 00' 38' East on said East right of way line a distance of 311.63 feet
to the beginning of a tangent 570.00 foot radius curve right; thence on said curve through a
central angle of 12° 45' 39' (the long chord of which bears North 06° 23' 28' Fast, a
distance of 126.69 feet) an arc distance of 126.95 feet to the point of beginning.
TOGETHER WITH the following described parcel lying South of the wetland area:
Beginning at a point which is South 0° 03' 10' East a distance of 603.27 fat and North 89°
56' 50' Fast a distance of 12.73 feet from the center of afottrnentioned center of said
IMO a &WU raw A°.e
c°md Me. 0)
to
, Ham'
Section 33 said point also being 30.00 feu East of the centerilne of SW 135th Avtm when
measured at the right angles and running thence on the South line of the artland actin the
following courser South 60.22' 43' Eau a distance of 39.55 feet; the= South 60° IT
44' East a distance of 47.34 feet; thence South 62.08' 31' East a distance of 42.20 fbM
thence South 64° 56' 58' East a distance of 41.93 feet; thence South 58' 02' 15' Bast a
distance of 38.73 feet; thence South 54-.15- 19' Past a distance of 48.39 feet; theaoa South
77.31' 31' East a distance of 32,94 feet thence North 98.22' 06' past a disc= of
42.94 foot; thence South 63.26' 25' Fast a distance of 36.70 feet; thence South 68° 00' 11'
East a distance of 37.40 feet; thence South 81.33' 00' Eau a distat>ce of 61.46 feet: thence
South 89.57' 01 a East a distance of 45.99 feet; thot ce North 73 ° 17' 30' Bast a distance. of
47.66 feu: thence Notch 69.52' 50' Eau a distance of 47.74 feet; thence North 680 42' 09'
East a distance of 47.05 foot; thence North 690 25' 06' Fast a distance of 59.45 feet, thence
North 73 ° 58' 21' Eau a distance of 49.34 feet; thence North 77° 04' 17' past a distance of
41.90 feet; thence South 84.03' 43' East a distance of 29.07 feet to a point; thence South
0° 03' 32' East a distance of 292.02 feet to a point on the North line of the plat of
BRITTANY SQUARE NO. 3: thence South 89.58' 03' West on the North line of the plat
of BRITTANY SQUARE NO.3 AND NO. 2 a distance of 779.79 feu to a point on the East
fight of way lint of said 135th Avenue, said point being 30.00 feet Fast of the centerline of
said 135th Avenue; thence North 0.00' 38' East on said East right of way line a distance of
379.04 feet to the point of beginning.
U71 a sere. ~
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On t aA%W befoce me, the underdgmd, penowny
appewed
era e- ~•c+' pambUy lmown to me (or proved to me on the bands of
sa
dsfictmy evidence). to be the person whose name is subscribed to the within
kstn went and acknowledged to me that he executed the same in his autbodzed
•i''aapacity, and that by his dpatune an the iasu= mt the
pence, or the easily upon
behalf of which the person acted, executed the lnsaum=L
s:
r WITNESS my hand and o&W seaL
ANNEIi81OCHSiRAOSER
COW oomm
- yrcanu ~«noaa,t9.e
Notary Public In and for said
Comay and State (
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94062792
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EXACT COPY OF THE ORIGINAL I
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STATE OF OREGON
County of Wistsivon
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ment of d ~ 0 v of Assaas-
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6Ct0r of
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Doc 94062792
Rect: 125319 1513.00
06/30/1994 08:49:25AM
• - ' • • WASHINGTON COUNTY OREGON '
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CHICAGO 5T•~j.to
`This plat is for your aid in
locatif~ your land w0h feterence
to streets and C:her parc•e:s.
While this plat is bet:;eved :o
be correct. the cumoaf:y assumes
no liability for any loss CC.^tjrrin0
by reason of reliance tnegeon...
No. _ ~S 13-~.n R
11:W
Fieldcrest Court
Applicant's Statement
1/19/%
Variance Requested
18.56.050 Dimensional Requirements
3 (d) Rear set back
For single family dwellings the rear yard shall be a minimum of 15 feet. We
are requesting a variance with this Site Development Application to allow for
a reduced rear yard set back at specific units which back up to a wetland and
have a 25 foot wide buffer provided.
The units which are affected include units A-1 through A-5, and B-1 in
Building #1; A-6, B-2 and B-3 in Building #2; B-4 and B-5 in Building #3; and
A-15 through A-17 in Building #4. The buildings and units are indicated on
the site plan included with this Variance Request.
The proposed variance meets the variance approval criteria in the following
manner:
1. The proposed variance will not be materially detrimental to the purposes
of this title, be in conflict with the policies of the comprehensive plan, to any
other applicable policies and standards, and to other properties in the same
zoning district or vicinity;
1.1 The purpose of the required building setback is to ensure that there is
adequate distance between on site buildings and other on-site and off-site
buildings on adjoining properties to provide for adequate light and air
circulation and for fire protection. Each of these buildings and the units
identified back onto a wetland area. Between the wetland area and the
building lots there is a 25 foot wide buffer zone. While this,buffer zone
cannot be built on or used by the homeowner, it along with the^ wetland
beyond provides light, attractive views and privacy to the homeowners. It
also provides adequate access for fire protection and maintenance of the
buildings.
2. There are special circumstances that exist which are peculiar to the lot size
or shape, topography or other circumstances over which the applicant has no
control, and which are not applicable to other properties in the same zoning
district; . \
2.2 The entire northern edge of this development is formed by a wetland
dropping down to a stream. The irregular edge of the wetland and the
r
required buffer zone create an irregular rear lot line of the units affected. The
rear lot line at the designated units is angled so that the actual setback distance
varies with each unit. This circumstance is created solely by the location and
configuration of the wetland and is specific to this piece of property.
3. The use proposed will be the same as permitted under this title and City
standards will be maintained to the greatest extent that is reasonably possible
while permitting some economic use of the land;
3.1 The requirement for combining the buffer and setback which creates a 40
foot setback has been created by USA's request that the buffer be kept under a
common ownership. If the property was being developed for use under
single ownership the setback would only be 25 feet.
3. 2 The requirement for private outdoor area of at least 48 SF is provided by
decks at the upper floor level. This provides area to enjoy the proximity to
the wetlands at the same time respecting the buffer zone. None of the decks
would project into the buffer zone. In addition the sharp angle that the rear
lot line makes relative to the back of the units creates adequate space for
concrete patios at the back of each unit.
3.3 The requirement for screening to provide privacy and protection from
adverse impacts of visual or noise pollution without unduly interfering with
the view from neighboring properties or jeopardizing the safety of
pedestrians and vehicles is not affected by this variance because the
designated wetlands, which has been deeded to the City, will remain a natural
area.
3.4 This variance will not effect requirements for visual clearance.
3.5 This variance will not effect the requirement for lot coverage as the 25
buffer zone will remain under the ownership of the development and cannot
be built upon.
3.6 This variance will not encroach on any existing easements.
4. Existing physical and natural systems, such as but not limited to traffic
drainage, dramatic land forms, or parks will not be adversely affected any
more than would occur if the development were located as specified in the
title; and
4.5 This variance will have no effect on the physical and natural systems.
The units are split level to fit the topography and staggered to align with the
edge of the greenway. The proposed use will both preserve and take
advantage of natural beauty of the greenway.
5. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
5.1 The condition is not self-imposed, it is created by the USA requirement
that the buffer zone be under common ownership. Because the units are
single family homes this creates a pattern of multiple ownership. The
variance requested will provide the same setback that is allowed under the
current code when the land is under single ownership.
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