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VAR2007-00002 • NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2007-00002 ASH CREEK GATES LOT 5 FRONT YARD SETBAC K ADJUST MENT ;T I CARD 120 DAYS =5/18/2007 SECTION I. APPLICATION SUMMARY. . FILE NAME: . ASH CREEK FRONT YARD SETBACK ADJUSTMENT CASE NO.: . Adjustment(VAR) VAR2007-00002 PROPOSAL: The applicant has requested a 25% adjustment to the front yard setback of Lot 5 of Ash Creek Gates Subdivision (SUB200400009) to reduce the setback from 20 feet to 15 feet to accommodate better placement of the house with respect to increasing the backyard area. APPLICANT: Wmwood Construction,Inc. OWNER: Same 12655 SW North Dakota Tigard,OR 97223 LOCATION: 9710 SW 74th Avenue; WCTM 1S125DC, Temporary Tax Lot ACGO5 (Lot 5, Ash Creek Gates Subdivision). COMPREHENSIVE PLAN DESIGNATION: R-4.5,Low DensityResidential. ZONING DESIGNATION: R-4.5 Low Density Residential zoning 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 oT 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,.18.390 and 18.510. SECTION IL -DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. VAR2007-00002-ASH CREEK GATES SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION 4111 ? THIS • • 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 parcel is Lot 5 of the Ash Creek Gates Subdivision (SUB2004-00009), located east of SW 74th Avenue and south of SW Barbara Lane. The subject parcel is 7,504 square feet in size. The proposal is to reduce the standard 20-foot front yard setback to 15 feet to accommodate a deeper back yard. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY-DEVELOPMENT CODE.SECTIONS: Tigard Development Code Section 18.370.020 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. The applicant has requested an Adjustment to the front yard setback to allow a deeper back yard. The required setback is 20 feet. Provided the following criteria are met, a 5-foot reduction of this setback may be allowed because it reduces the setback by 25 percent, which is the maximum allowed for front yard setbacks. The proposed dwelling includes a side-loaded garage which is 22-feet from the side yard, as shown in the applicant's site plan. 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. 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 adjustment is being requested to allow a 42-foot deep dwelling, as indicated on the applicant's site plan, to protrude into the front yard setback by five feet. The applicant states that a bigger back yard is desired and that bringing the house forward would accommodate this. The information submitted by the applicant shows that the proposed setback reduction would be the minimum necessary to achieve the desired effect. The proposed adjustment request is in compliance with this standard. The Adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present in the development area. Therefore,this standard does not apply. The Adjustment will not impede adequate emergency access to the site; VAR2007-00002-ASH CREEK GATES SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION • The proposed front yard setback reduction will not reduce access to the proposed dwelling from SW Shady Place. Therefore, the adjustment will not adversely affect emergency access to the subject dwelling or adjacent dwellings; consistent with this standard. There is not a reasonable alternative to the Adjustment which achieves the desired affect. The applicant roposes to increase the rear yard area to create a more livable backyard outdoor environment.Therefore,there is no reasonable alternative to the proposed adjustment. FINDING: Based on the analysis above,the adjustment standards have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. 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 JANUARY 26, 2007 AND BECOMES EFFECTIVE ON JANUARY 27, 2007. uestions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. January 26,2007 APPROVED BY: Pa nstecher DATE Associa Planner VAR2007-00002-ASH CREEK GATES SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION /a-c Sw Afore rAi /).L4-0 9 TSah'i1,o O 2.2. STREET TREES MUST BE PER APPROVED _19T,� .-_?sDy.. 4 DEVELOPMENT TREE PLAN N • 5- /21W---55 I '.r T:6. /5 ? JT . aqi z 71/15- / (� , ,"qtc: /!� / --• E!S TGT� 112-r r _ n.10 I 6-6' - . \ \__ 1 dpa.>er6Arts f ; y N i !� � LPL /d/ o 442 t. /Ohs FF ,. i _ /7Dh ii �sl v� _ It Sw .. 5 - • . FINAL APPROVAL • ~ . • • AFFIDAVIT OF MAILING = . uneAmo I,Patricia L. Lunsford, being first duly sworn/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: {Q Bo*B © NOTICE OF DECISION FOR VAR2007-00002/ASH CREEK GATES SETBACK ADJUSTMENT (File No/Name Reference) ❑ AMENDEDNOTI« ® 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 January 26,2007,and deposited in the United States Mail on January 26,2007,postage prepaid.,Plii/A-/ 1,4/-4.''.1 (Person that P red�Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 3/51-day of T ,200Z r„,....., ----- OFFICIAL SEAL 9 ` - DIANE M JELDERKS I} '�, NOTARY PUBUC.OREGON (( _ ' 1 MY COMMISSION MEXPIRES S PT.25,12007g) Ge///1 .�ti-�-�- —�-.�x.-�---ti-���-.- / NOTARY PUBLI 0' OREGON My Commission Expires: • • EXHIBIT A , NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2007-00002 :1 ASH CREEK GATES LOT 5 FRONT YARD SETBACK ADJUSTMENT :T I G ARD' 120 DAYS = 5/18/2007 SECTION I. APPLICATION SUMMARY. . • FILE NAME: ASH CREEK FRONT YARD SETBACK ADJUSTMENT CASE NO.: Adjustment(VAR) VAR2007-00002 PROPOSAL: The applicant has requested a 25% adjustment to the front yard setback of Lot 5 of Ash Creek Gates Subdivision (SUB2004-00009) to reduce the setback from 20 feet to 15 feet to accommodate better placement of the house with respect to increasing the back yard area. APPLICANT: Winwood-Construction,Inc. OWNER Same 12655 SW North Dakota Tigard,OR 97223 LOCATION: 9710 SW 74th Avenue; WCTM 1S125DC, Temporary Tax Lot ACGO5 (Lot 5, Ash Creek Gates Subdivision). . COMPREHENSIVE PLAN DESIGNATION: R-4.5,Low Density Residential. ZONING DESIGNATION: R-4.5 Low Density Residential zoning district. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,.18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. VAR2007-00002-ASH CREEK GATES SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION S • 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 parcel is Lot 5 of the Ash Creek Gates Subdivision (SUB2004-00009), located east of SW 74th Avenue and south of SW Barbara Lane. The subject parcel is 7,504 square feet in size. The proposal is to reduce the standard 20-foot front yard setback to 15 feet to accommodate a deeper back yard. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE.SECTIONS: Tigard Development Code Section 18.370.020 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. The applicant has requested an Adjustment to the front yard setback to allow a deeper back yard. The required setback is 20 feet. Provided the following criteria are met, a 5-foot reduction of this setback may be allowed because it reduces the setback by 25 percent, which is the maximum allowed for front yard setbacks. The proposed dwelling includes a side-loaded garage which is 22-feet from the side yard, as shown in the applicant's site plan. 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. 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 adjustment is being requested to allow a 42-foot deep dwelling, as indicated on the applicant's site plan, to protrude into the front yard setback by five feet. The applicant states that a bigger back yard is desired and that bringing the house forward would accommodate this. The information submitted by the applicant shows that the proposed setback reduction would be the minimum necessary to achieve the desired effect. The proposed adjustment request is in compliance with this standard. The Adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present in the development area. Therefore,this standard does not apply. The Adjustment will not impede adequate emergency access to the site; VAR2007-00002-ASH CREEK GATES SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION r • • The proposed front yard setback reduction will not reduce access to the proposed dwelling from SW Shady Place. Therefore, the adjustment will not adversely affect emergency access to the subject dwelling or adjacent dwellings;consistent with this standard. There is not a reasonable alternative to the Adjustment which achieves the desired affect. The applicant proposes to increase the rear yard area to create a more livable backyard outdoor environment. Therefore,there is no reasonable alternative to the proposed adjustment. FINDING: Based on the analysis above,the adjustment standards have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. 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 JANUARY 26, 2007 AND BECOMES EFFECTIVE ON JANUARY 27, 2007. II .is: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. January 26,2007 APPROVED BY: Pa nstecher DATE Associa Planner VAR2007-00002-ASH CREEK GATES SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION ..AtIfiv6P-io 0 c),u5 T .....291621.5__E,sL..-2 7JC • . - r-rg # _c z b'• 72.2.2.--?, /. 57,e•.-fr--7- STREET TREES MUST .DEVELOPMENT TREE PLAN /V 5- )4(7e-55 e !.)7:6. eli.59-7 .fir illf• . c „L ,.., t,--. . .r.L Mare-. 1 / --a GLIS - 5P-r ft-A-ie • • --,- -- ---- -11 0 ' I-f- , • — -- — /---- . --1 , - , \ / 1 i-D4 5 er 6 Acti • • ' 1\ Ir. z I \12.44sCifr4;•5 I 1.■ ■ - VI. . ; A•34. N • ‘il 10 P 641 EL:/pa 5-* PP ri_ CeD. . 4 14—/ ....:.--.... /--- • .. - . - 1 , .7./.., ..7, . . ...,„....,.. 0 Sb-e fit<..., 4- TT- 54l4.0090 P2/- . ... • I . -,..,.•.• ... - - - _ FINAL APPROVAL . CITY OF TIGAFto PLANNING DIVISIOm BY , DATE 1 • .." .. • Wc. indwood Construction,Inc. EXHIBIT. Wi P) Attn: Dale Richards VAR2007-00002 12655 SW North Dakota Street ASH CREEK GATES SETBACK ADJUSTMENT Tigard, OR 97223 r • ADJUSTMENT • TYPE I APPLICATION City of Tigard Perrrat Center 13125 SW Hall Blvd, Ti:'id OR 97223 Phone. 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION Property Address/Location(s): /'7/0 . 5 7 FOR STAFF USE ONLY Tax Map&Tax Lot#(s): 'et- 5 ,dd C/t e/ 1,,,77/1145.- „. 5 CaseNo.: 044--'t--4-337—ov�oZ Site Size: 75 / /4"-e / Other Case No(s).: Applicant*: u i £w ddr� /04/5 p- .d Receipt No.: `)'1 — 0 3 2.2-! hcanr�: Address: `a G s'5- Z&) / ,JD/`o1-4 �«�.4 v/�., Application Accepted By: /< City/State: re a e ()'e Zip: 9 2 Date: 1l! l c1 Primary Contact: _ D4 je 4/64a ,,t Date Determined To Be Complete: Phone: re 5' 7 ° 3 7$ Fax: ret.5 5'90- 7Ga Nip/ Property Owner/Deed Holder(s) (Attach list if more than one) Comp Plan/Zone Designation: Address: Phone: City/State: Zip: Rev.7/5/o6 i\curpin\masters\land use applications\adjustment-Type 1 App.doc *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 back of this form or submit a written REQUIRED SUBMITTAL ELEMENTS authorization with this application. PROPOSAL SUMMARY ✓ ..lication Elements Submitted: The owners of record of the subject property request permission for an I Application Form Administrative Adjustment to the following provision(s) of the Community Owner's Signature/Written Authorization Development Code(please circle one only): Vt• Title Transfer Instrument or Deed ➢Development Adjustment-Front Yard,Interior Setbacks and Lot Coverage Special Adjustments: Site/Plot Plan(2 copies) • Adjustments to a Subdivision • Reduction of Minimum Residential Density --Site/Plot Plan(reduced 8'/z”x 11") • Landscaping Adjustments-Existing/New Street Trees L;4----Applicant's Statement • Parking Adjustments-Reduction in Stacking Lane Length (Addressing Criteria Under Section 18.370.020) • Parking Adjustments-Reduction in Minimum Parking for Transit Improvements/Existing Dev. El---"Filing ♦ Setback Adjustments-Setbacks to Reduce Tree Removal Fee ♦ Wireless Com*mm;rarion Facility Adjustments-Distance From Another Tower • Washington Square Reg.Center Density Adjustments Please state the reason for the Adjustment request: i • • I hereby acknowledge that I have read this application, that the information given is correct, that I am the owner or authorized agent of the owner, and that plans submitted are in compliance with the City of Tigard. DATED this l) day of vl a r ,20 U 7 . e of Owner/Agent ,,. ?5t-/C /27C 573 -- 7 G737 � Contact Person Name Phone No. CITY OF TIGARD 1/19/2007 II �� 13125 SW Hall Blvd. 8:30:55AM Tigard,OR 97223 503.639.4171 TIGARD • t Receipt #: 27200700000000000227 1. Date: 01/19/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2007-00002 [LANDUS]Development Adjust 100-0000-438000 231.00 VAR2007-00002 [LRPF]LR Planning Surcharge 100-0000-438050 34.00 Line Item Total: $265.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check WINDWOOD CONSTRUCTION KIP 28908 In Person 265.00 INC. Payment Total: $265.00 • • cReceipt.rpt Page 1 of 1 01/18/2007 12:48 FIRST AMERICAN TITLE - 9P5035907606 NO.041 p002 ` wasning county,Oregon I i/� !> 01/03/200703:32;41 PM 2�07�00�8$$ !/ D-D66 Crao1 Bat=10 0 HOFFMAN S15.00 50.00$11.00•Total a 532.00 1 � III Ili Illllllll III I s+F k THIS SPACE RESERV 01057714200700008590030034 `QF C' I,RI eh/rd Mob matelot,Din fterofAe/e/antentand Lta. Taxation and El-Ofrlclo County Clerk lerwashinpton • fC 6c qtr.. . Q• ' `\�~� �..J,,^�. ., Ceunty,Onpon,do hereby eertlty that Oa within r s`,.ygrj .. Imerument of writing was neefved and recorded In tha \\ liR p/ leooIla1neoPoeof/tldeo Richard Meeemlenl,Dina orofANu■mantand • Taculen,Ezafliclo County ctad After recording return to: Ashcreek Properties, LLC 12655 SW North Dakota Street Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: Ashcreek Properties, LLC 12655 SW North Dakota Street O Tigard,OR 97223 File No. 7034-959440(nt) Date: January 02, 2007 Q STATUTORY BARGAIN AND SALE DEED Ash Creek Properties, LLC, an Oregon Limited Liability Company, Grantor, conveys to Winwood 0 Construction Inc., Grantee,the following described real property: ;V See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. LL . The true consideration for this conveyance is$0.00. (Here comply with requirements of ORS 93.030) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, UNDER ORS 197352. 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 TD 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 ORS 197.352. Dated this �- day of , 20 0C4 Ash Creek Properties, LLC . e ' chards, Member Page 1 of 3 01/18/2007 12:48 FIRST AMERICAN TITLE - 9P5035907606 NO.041 1803 i 1 APN: Bargain and Sale Deed File No.:7034-959440(nt) -continued Date:01./02/2007 STATE OF Oregon ) • )ss. County of Washington ) This instrument was acknowledged before me on this � day of , 20t"1.0./ by M. Dale Richards as Member of Ash Creek Properties, LLC,on behalf f he . • y;L.�. .4__ Nicola Timm• OFFlCwLSFEAt ij Notary Public for Oregon ki NICOLA PUBUC-OREGON I My commission expires: 1/21/2009 NIMISSION N.O,3)15 MY COMMISSION EXPIRES JAN.21,2009 • • • • Page 2 of 3 01/18/2007 12:48 FIRST AMERICAN TITLE - 9P5035907606 NO.041 P004 APN: Bargain and Sale Deed He No.:7034-959440(nt) -continued Date:01/02/2007 EXHIBIT A LEGAL DESCRIPTION: LOTS 5 and 6, ASH CREEK GATES,IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON. EACH TOGETHER WITH AN UNDIVIDED 1/7TH INTEREST IN TRACT"A",ASH CREEK GATES, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON. • Page 3 of 3 • WINDWOOD CONSTRUCTION INC. 12655 SW NORTH DAKOTA TIGARD OREGON 97223 1/18/07 RE: 9710 SW 74TH FRONT YARD SETBACK ADJUSTMENTS 18.370.020 WINDWOOD.CONSTRUCTION IS REQUESTING AN ADJUSTMENT OF THE FRONT YARD SETBACK FROM TWENTY FEET TO FIFTEEN FEET. THIS IS WITHIN THE TWENTY-FIVE PERCENT REDUCTION ALLOWABLE IN THE CODE. THIS ADJUSTMENT IS RQUESTED IN ORDER TO SITE THE HOUSE IN A MORE DESIREABLE LOCATION, WITH THE DRIVEWAY IN A BETTER LOCATION, THAN USING A SHARED ACCESS WITH LOT FOUR. THE DRIVEWAY WILL HAVE LESS SLOPE WITH THE ACCESS OF SHADY PLACE, RATHER THAN SEVENTY-FOURTH. THE DRIVE WAY OFF OF SEVENTY-FOURTH WOULD CREATE A SLOPE APPX. TWENTY PERCENT. ALSO BY ACCESSING THE DRIVEWAY OFF OF SHADY PLACE, LOT FOUR WILL HAVE A DRIVEWAY THAT DOES NOT HAVE A SHARED ACCESS, AND LOT FIVE WILL HAVE BETTER ACCESS. WE THINK THAT THIS ADJUSTMENT WILL CREATE A BETTER SUBDIVISION: ; • THE ADJUSTMENT DOES NOT IMPACT ANY OF THE EXISTING TREES. THE ADJUSTMENT DOES NOT IMPEDE ANY EMERGENCY ACCESS, IN FACT IT MAKE ACCESS TO BOTH LOTS FOUR AND FIVE BETTER. THERE IS NOT A REASONABLE ALTERNATIVE TO THIS ADJUSTMENT TO ACHIEVE THE DESIRED EFFECT. ADJUSTMENT TO THE PLAN WILL NOT MAKE THE HOUSE WORK ON THE LOT. THANKYOU FOR CONSIDERING.THIS ADJUSTMENT. ANY QUESTIONS PLEASE CALL DALE RICHARDS AT 503-780-4375. •