Loading...
VAR2007-00037 • I NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2007-00037 = A. • SOLERA FRONT YARD SETBACK ADJUSTMENT T E GARDk 120 DAYS = 12/13/2007 SECTION I. APPLICATION SUMMARY FILE NAME: SOLERA FRONT YARD SETBACK ADJUSTMENT • CASE NO.: Adjustment(VAR) VAR2007-00037 PROPOSAL: The applicant requests approval for an adjustment to reduce the dimensional standard for the front yard setback of the subject property by 15 percent,from 15 feet to 12.75 feet. The 0.08-acre subject property is Lot 2 of the approved Solera Subdivision (SUB2005-00023). APPLICANT/ OWNER Solera,LLC Attn:Jerry Palmer 9200 SW Nimbus Avenue Beaverton, OR 97008 LOCATION: 11476 SW 96th Avenue;WTCM 1S135CA,Tax Lot 9300 ZONING DESIGNATION: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR2007-00037 SOLERAFRONTYARD SETBACK ADJUSTMENT PAGE 1 OF 3 • . y THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information,History and Proposal: The 0.08-acre subject property is located at 11476 SW 96th Avenue off SW Greenburg Road. The subject property is Lot 2 of the approved Solera Subdivision (SUB2005-00023). The applicant requests approval for an adjustment to reduce the dimensional standard for the front yard setback of the subject property by 15 percent, from 15 feet to 12.75 feet. The applicant desires to create a larger and more functional building footprint because of limitations from the more restrictive rear setback requirement of 30 feet for rear yards abutting a more restrictive zone. The subject property is zoned R-12 and the abutting property is zoned R-4.5. In a separate application, the applicant has also requested approval for an adjustment to the rear yard setback SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant requests a reduction of the dimensional standard for the front yard setback by 15 percent, from 15 feet to 12.75 feet,which is 1.5 feet less than the maximum reduction allowed under the code. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired effect; The applicant requests a reduction of dimensional standard for the front yard setback by 15 percent to allow for a larger and more functional building envelope in light of a more restrictive rear yard setback. A reduction of the front setback by 2.25 feet is the least required to achieve the desired effect. The Adjustment will result in the preservation of trees, if trees are present in the development area; The development area contains no trees, as indicated by the applicant's narrative and the site plan. Therefore, the proposed adjustment will not harm trees. The Adjustment will not impede adequate emergency access to the site; The proposed adjustment will not change anything about the subject property's access. Therefore, it will not impede adequate emergency access to the site. There is not a reasonable alternative to the Adjustment which achieves the desired effect. NOTICE OF TYPE I DECISION VAR2007-00037 SOLERA FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3 The applicant desires a larger and•re functional building envelope because of the greater restriction to the rear setback. The applicant is permitted a reduction to the required front setback as long as it is not more than 25 percent. There is no reasonable alternative which achieves the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Final Decision: A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 24, 2007 AND BECOMES EFFECTIVE ON AUGUST 25, 2007 Questions: If you have any questions, please contact the Current Planning Division at (503) 639-4171 or stop by the Permit Center at Tigard City Hall, 13125 SW Hall Blvd,Tigard, OR 97223. August 24. 2007 /1riP li =i y Eng DA 1'E —mss istant Planner NOTICE OF TYPE I DECISION VAR2007-00037 SOLERA FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3 CITY of TIGVARD t _ _ 'm ''"lIllIl ----113 _..- VICINIF+ 1 INFORMATION SYSTEM 1���, AP �0 LLI I — VAR2007-00037 \__, ------ NORTH • DAKOTA SLERA I'll RA 11111 II SO1'Ii till 11111 --1 ,ADJUSTMENT Au iv, MI _______ LEGEND: �' 7 1111 /il ■ SUBJECT a SITE 'SFE•iii .■ ¶! Uii V FEP �ilt r cy)1Ii'. �d� `�t.,.,.40.0 , ,.,. _ .Th i:.7—L. ir ■ a FP aBEEF DEND RD. DU' ll C ��Q Tigard Area Map A O � ■ LEWIS LN °� N 0 60 120 180 240 300 Feet,....., 0 .. 246 feet CO ■ SW PIHAS CT PIHAS ST . — ' ' ELA •,I ` L . C1GARn \ Information on this map Is for general location only and 1 `� should be verified with the Development Services Division. �� .1111111 13125 SW Hall Blvd 4*14 Tigard,OR 97223 • . TA N G E LA C (503)639-4171 htlp:/ANKnv.ci.11gard.or.us • r Plot date:Aug 24,200(5 C:\9-4171 MAGIC03.APR t,� Community Development • • Approved CITY OF TIGARD Conditionally Approved.__.._._..».._ ......... j , For only the work as described in: 25.00' 8.15' PERMIT NO. See Letter to: Follow [ TLAt2304 .. -•--[ 1 . gY e$1-6- ()Rt.- 172....*1 I :;I SETBACKS R-12 -kI 5 REQ. ADJ. ® ® FRONT 15' 12.75' GARAGE 20' N/A REAR 30' 24' 7,1 0 �I , 11.58' 1 i 56.10' 20.38' 3 I 3,486 SF I RA 1 0 ° �' • o N 20.00' N1 rte . I � ^/ i I N I O i *2 I 1 2 I 1 Z 3,563 SF 3,897 SF 9 I w o/ I N 1 N / .l Z 1 in ,co I I— —Zi -- - - - - - - ter 111 25.05 • T-- _37.1_9' 1 ^ /8'.26' 1 \ 0 N 02'54'50' E S.W. 96TH AVENUE DRAWN BY: GMT DATE: 8/14/07 \ REVIEWED BY: SEA DATE:8/14/07 f t f .�- � I PROJECT NO.: 858-001 --s- '" alpha p _{,,f,.. SCALE: 1"-20' COMMUNITY DEVELOPMENT SOLERA ADJUSTMENT • 4 0 AFFIDAVIT OF MAILING GirlleARED I, Patricia L. Lunsford beingg.� first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: { B_> ) © NOTICE OF DECISION FOR VAR2007-00037/SOLERA SETBACK ADJUSTMENT (File No/Name Reference) 0 AMENDED NOTICE ® 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 August 24,2007,and deposited in the United States Mail on August 24,2007,postage prepaid. 2 - • 6 i AP lie7C/ (Person tha - eared Notice) / . STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 2 y day of ,2007. ..mss-~-`-�-`. OFFICIAL SEAL-.----`-�?J (?? a� l> KRISTIE J PEERMAN /t)) + '- NOTARY PUBLIC-OREGON ) r` COMMISSION NO.419242 ()) ( MY COMMISSION EXPIRES JULY 28,2011 (� � `- -�-� NO ARY PUBLIe OF OREGON My Commission Expires: '7�z 8 1 i j • • EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2007-00037 SOLERA FRONT YARD SETBACK ADJUSTMENT TrIl0p° ° 120 DAYS = 12/13/2007 SECTION I. APPLICATION SUMMARY FILE NAME: SOLERA FRONT YARD SETBACK ADJUSTMENT . • CASE NO.: Adjustment(VAR) VAR2007-00037 PROPOSAL: The applicant requests approval for an adjustment to reduce the dimensional standard for the front yard setback of the subject property by 15 percent,from 15 feet to 12.75 feet. The 0.08-acre subject property is Lot 2 of the approved Solera Subdivision (SUB2005-00023). APPLICANT/ OWNER: Solera,LLC Attn:Jerry Palmer 9200 SW Nimbus Avenue Beaverton,OR 97008 LOCATION: 11476 SW 96th Avenue;WTCM 1S135CA,Tax Lot 9300 ZONING DESIGNATION: R-12: Medium Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR2007-00037 SOLERA FRONT YARD SETBACK ADJUSTMENT PAGE 1 OF 3 • T HIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information, History and Proposal: The 0.08-acre subject property is located at 11476 SW 96th Avenue off SW Greenburg Road. The subject property is Lot 2 of the approved Solera Subdivision (S0132005-00023). The applicant requests approval for an adjustment to reduce the dimensional standard for the front yard setback of the subject property by 15 percent, from 15 feet to 12.75 feet. The applicant desires to create a larger and more functional building footprint because of limitations from the more restrictive rear setback requirement of 30 feet for rear yards abutting a more restrictive zone. The subject property is zoned R-12 and the abutting property is zoned R-4.5. In a separate application, the applicant has also requested approval for an adjustment to the rear yard setback SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. ' Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant requests a reduction of the dimensional standard for the front yard setback by 15 percent, from 15 feet to 12.75 feet,which is 1.5 feet less than the maximum reduction allowed under the code. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired effect; The applicant requests a reduction of dimensional standard for the front yard setback by 15 percent to allow for a larger and more functional building envelope in light of a more restrictive rear yard setback. A reduction of tie front setback by 2.25 feet is the least required to achieve the desired effect. The Adjustment will result in the preservation of trees, if trees are present in the development area; The development area contains no trees, as indicated by the applicant's narrative and the site plan. Therefore, the proposed adjustment will not harm trees. The Adjustment will not impede adequate emergency access to the site; The proposed adjustment will not change anything about the subject property's access. Therefore, it will not impede adequate emergency access to the site. There is not a reasonable alternative to the Adjustment which achieves the desired effect. NOTICE OF TYPE I DECISION VAR2007-00037 SOLERA FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3 • The applicant desires a larger and more functional building envelope because of the greater restriction to the rear setback. The applicant is permitted a reduction to the required front setbac c as long as it is not more than 25 percent. There is no reasonable alternative which achieves the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Final Decision: A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 24, 2007 AND BECOMES EFFECTIVE ON AUGUST 25, 2007 Questions: If you have any questions, please contact the Current Planning Division at (503) 639-4171 or stop by the Permit Center at Tigard City Hall, 13125 SW Hall Blvd,Tigard, OR 97223. August 24. 2007 P' 4 0 1 =milt'Eng DATE • istant Planner • NOTICE OF TYPE I DECISION VAR2007-00037 SOLERA FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3 • tt ? - CITY of TIGARD W Q GEOGRAPHIC INFORMATION SYSTEM . L._/------_--------: C) VICINITY MAP w CD VAR2007-00037 \ NORTH ��\ DAKOTA SOLERA \11111141 .411. III SETBACK IIII �� _ SOLER SENT iiirLr)�� LEGEND: *4 SUBJECT sli �� ■ SITE AdER Y MIS FERR . mip 4 TT Y gD k� VJ 0 FER a , C�� � r R ,, w ■'Ell EFN / = W $/ / 4` .,. `V V , _ `C ���\\\\\\VVV///III/// 1)L`CYiTR Qr gONITA�'D Q ■ ■ __ BEEF BEND RO� DURHAM, RD P en ■ � Tigard Area Map N �. MO LEWIS LN • 1 Mr I— 0 60 120 180 240 300 Feet dilli . _.----- }•.248 feel Ce SW PIHAS CT PIHAS ST — Milli TANGELA VII C-ACI PA EN Information on this map is for general location only and . \ should be verified with the Development Services Division. N. VP. 13525 Tigard,SW Hell223 TAN G E LA C Ti(503)63 97223 (509)639-0171 I ■ I 1- http://www.ci.tigard.Dr.us \ 946 _ ( Plot date:Aug 24,2007;C:\magic\MAGIC03.APR Community Development . • • K- • I . . • MY OF 70GAIM Approved P< ; • Conditionally Approved [ 1 ' For only the work as described in: • PERMIT NO. . 25.00 8.15' :lee Letter to: Follow -[ i • TLAt2304 [ .; • • gY ?Pq-' , oPt— I .. -,J-, SETBACKS R-12 -1-1 R4. 5 REQ. ADJ. FRONT 15' 12.75' • GARAGE 20' N/A REAR 30' 24' - 0 • (•1- ‹)7 •J7• 11.58' 41 1 56.10' 20.38' 3 I 3,486 SF 1 Riau 1 2 , b o -o • o ,i- c., 20.00' "K3.1 to --,. ._ — 7 • 0 - -L., „ -,.. Zi ,gr -.4- , - - 41 — — — -`N,r)1 - - 4 c 0 • te .21 2 I 1 I 0 z 3,563 SF I 3,897 SF / 1 Zo Z Lu , pi I 1 c\/ -d- 1 n CO ,.., 1 co I N .›, Lil I ! o) co 11 2T— - - - - - _ ,,, CD NI 0 N . ---- - - --___•__________ 37-19' N 0254'50" E S.W. 96TH AVENUE DRAWN BY: GMT DATE: 8/14/07 REVIEWED BY: SEA DATE:8/14/07 1‘ ' ,,t, .„ alpha PROJECT NO.: 858-001 SCALE: 1"=20' COMMUNITY DEVELOPMENT SOLERA ADJUSTMENT ) __ • EXHIBIT C6 Solera,LLC Attn:Jerry Palmer VAR2007-00037, 38, 39, 40 9200 SW Nimbus Avenue SOLE RA SETBACK ADJUSTMENTS Beaverton, OR 97008 Solera,LLC 101 SW Main Street# 1100 Portland, OR 97204 S 111;t L'C 11111 . ADJUSTMENT , 2007 • •TYPE I APPLICATION ii"vi a? , City of Tigard Permit Center 13125 SW Hall Blvd, Tigard,OR 97223 T I G A R D Phone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION • Property Address/Location(s): lI}7(P LSW 'Y10 - A✓&NLtd- FOR STAFF USE ONLY Tax Map&Tax Lot#(s): • /5/36 GPc 9300 Case No.: 1/ft+�Z.O�1 —�t�v�'� Site Size: Other Case No(s).: Applicant*: /era.. L L G. Receipt No.: — S 1 Address: g 2-00 SW Ni m kx4.4 Application Accepted By: ettE City/State: ?) v--Gr17s-'�_ , l Zip: e3 7 UU6' Date: � I c i?moo, - Primary Contact/( LA-Li / a- /Y1 . — Date Dete • e To Be Complete: Phone: -7)3. z'6003 Fax:�D3—�5Z' SD�3. 8 lS �'�l Property Owner/Deed Holder(s)*: (Attach list if more than one) Comp P /Zone Designation: Address: Phone: City/State: Zip: Rev.7/1/07 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 If Application Elements Submitted: •The owners of record of the subject property request permission for an ® Application Form Administrative Adjustment to the following provision(s) of the Community Development Code(please circle one only): Owner's Signature/Written Authorization Title Transfer Instrument or Deed ➢Development Adjustment—Wront Ya4Interior Setbacks and Lot Coverage y�,J n >SpecialAdiustments: O Site/Plot Plan(2 copies)1.4A- • Adjustments to a Subdivision . ® Site/Plot Plan(reduced 8'/z"x 11") • Reduction of Minimum Residential Density • landscaping Adjustments—Existing/New Street Trees ® Applicant's Statement • Parking Adjustments—Reduction in Stacking lane Length (Addressing Criteria Under Section 18370.020) • Parking Adjustments—Reduction in Minimum Parking for Transit Improvements/Existing Dev. Z, • Setback Adjustments—Setbacks to Reduce Tree Removal ® Filing Fee • Wireless Communication Facility Adjustments—Distance From Another Tower • Washington Square Reg.Center Density Adjustments Please state the reason for the Adjustment request To increase the Building Envelope on the lot to allow for a two story building height limit on the lot. • • APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. OR 11A- DATED this 1 day of NXA vsr ,20 __ • • 111 magma Applicant/•utho . Agent Signature Owner's •igna Owner's Signature Owner's Signature 74 CITY OF TIGARD 8/15/2007 : 13125 SW Hall Blvd. 3:33:02PM • Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000003757 Date: 08/15/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2007-00037 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00037 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 VAR2007-00038 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00038 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 VAR2007-00039 [LANDUS] Development Adjust 100-0000-438000 236.00 • VAR2007-00039 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 VAR2007-00040 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00040 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 Line Item Total: $1,084.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check SOLERA, LLC eae 1087 In Person 1,084.00 Payment Total: $1,084.00 • cReceipt.rpt Page I of 1 l WashIn County,Oregon 2006-093236 ). • 081041102:22:15 PM D•DBS Cntol Stno22 I REED ,1 • After recording,return to(Name,Address,Zip): $10.00$0.00$11.00•Total 0$27.00 Solera,LLC. 101 S\V Main Street,Ste. 1100. Portland,OR 97204. 00991558200600932360020027 I,Richard Hobemlcht,Director of Assessment and ,' t SPACE RESERVED Taxation and Ex-Officio County Clerk for Washington 4:w. , County,Oregon,do hereby certify that the within ,.^_s,;yrii, Until a change is requested all tax statements FOR Instrument of writing was received and recorded In the 1441,,..,; shall be sent to the following address: RECORDER'S USE book of records of us id foyrq . d NI — �'?,..,mow ,. SAME AS ABOVE Richard W.Hobemlcht,Director of A ment and ' sa,&.o. Tuition,Ex-Officio County Clerk cJ Escrow No: 45-428924-GB ` Order No: 428924 ra 2; 33 BARGAIN AND SALE DEED-STATUTORY FORM (INDIVIDUAL or CORPORATION) 8 Cooper Mountain Vineyards,LLC Grantor,conveys to Solera,LLC .) Grantee,the following described real property: SEE LEGAL DESCRIPTION ATTACHED HERETO Before signing or accepting the instrument,the person transferring fee title should inquire about the person's rights,if any, under ORS 197.352. This instrument does not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument,the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses,to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930,and to inquire about the rights of neighboring property owners,if any,under ORS 197.352. The true consideration for this conveyance is$0.00. (Here comply with the requirements of ORS 93.030). Dated July ,2006;if a corporate grantor,it has caused its name to be signed by order of its board of directors. Cooper Mountain Vineyards,LLC PAO By: Robert J. oss, ember STATE OF OREGON County of This instrument was acknowledged before me on `s'ai5 sd,j, by Robert J.Gross as Member of Cooper Mountain Vineyards,LLC. s: OFFICIAL SEAL �JJ TIFFANY L SAVASTANO J "�`;:,d; NOTARY PUBUC-OREGON () f t,,l COMMISSION NO.B376667 MY COMMISSION EXPIRES JANUARY 25,2008 () Notary Public for &b r�1 My Commission Expires: Cltx `p„∎Lts b,v0 (SEAL) • ^ • LEGAL DESCRIPTION • PARCEL I Being a portion of Lot 3 of BOETCHERS ADDITION,situated in the John L.Hicklin Donation Land Claim No. 54,Township 1 South,Range 1 West,Willamette Meridian, in the County of Washington and State of Oregon,to-wit: Beginning at an iron pipe marking the Northwest corner of said Lot 3;and running thence North 89°15'East 164.0 feet to an iron pipe; thence South 2°57'West 291.26 feet along the Easterly boundary line of the Leonard Davis Tract as recorded in Deed Book 168,at Page 183,to an iron pipe marking an intersection with the Northerly right-of-way line of Southwest Greenburg Road;thence along said right-of-way line South 78°37'East 25.27 feet to an iron rod and the true point of beginning of the tract herein described;thence North 2°57'East along the Easterly boundary line of a 25.0 foot roadway easement 192.77 feet to a brass screw set inconcrete East of the West wall of a fish pond;thence South 84°O1'East 97.58 feet to an iron rod;thence South 6°50'West 64.34 feet to an iron rod;thence South 31°08'West 47.76 feet to an iron rod;thence South 0°03'West 92.80 feet to a point of intersection with the Northerly right-of-way line of said Southwest Greenburg Road;thence North 78°37'West along said right-of-way lire to the true point of beginning. TOGETHER WITH an easement for ingress and egress over the following described parcel: Beginning at an iron pipe marking the Northwest corner of said Lot 3;and running thence North 89°15'East 164.0 feet to an iron pipe; thence South 2°57'West 100.84 feet along the Easterly boundary line of Leonard Davis Tract as recorded in Deed Book 168 at page 183 to a point,said point marking the true point of beginning of the description;thence continuing South 2°5T West 190.42 feet along said Easterly boundary line to an iron pipe marking an intersection with the Northerly right-of-way line of S.W.Greenburg Road; thence along said right-of-way line South 78°3T East 25.27 feet to an iron rod;thence leaving said right-of-way line North 2°57'East 192.77 feet to a brass screw set in concrete East of the West wall of a fish pond;thence North 84°01'West 25 feet to the point of beginning. ALSO TOGETHER WITH an easement for ingress and egress over the following described parcel: Beginning at the Southeast corner of that tract conveyed to Loretta I.Hunnicutt by Deed recorded as Recorder's Fee No. 81-004825, said point also being on the Northerly right-of-way of S.W.Greenburg Road;thence along the Easterly line of the said Hunnicutt Tract North 00°03'East 92.60 feet;thence North 31°08'East 47.76 feet to a point;thence leaving said East line South 78°37'East parallel with the Northerly right-of-way of Greenburg Road 25 feet to apoint on the Easterly line of an easement described in Book 525,page 640,Records of Washington County;thence Southerly following the Easterly line of said easement to the most Northerly Northwest corner of that parcel conveyed to Loretta I.Hunnicutt as Recorder's Fee No.80-039574, Records of Washington County;thence South 31°08'West 21.23 feet;thence South 0°03'West 90.65 feet to a point on the North right-of-way of S.W.Greenburg Road;thence along said right-of-way North 78°37'West 25.50 feet to the pointof beginning. PARCEL II Portion of Lot 3 BOETCHERS ADDITION,situated in the John L.Hicklin Donation Land Claim No. 54, in Township 1 South, Range 1 West,Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: Beginning at the Northwest corner of said Lot 3 and running thence North 89'15'East 164.0 feet along the Northerly boundary line of said Lot 3 to an iron pipe,being the Northeast corner of a tract conveyed to Leonard Davis by Deed recorded in Book 168,page 183, Deed Records, Washington County,Oregon,said iron pipe marking the true point of beginning of this description;thence continuing North 89°15'East 158.90 feet;thence South 0°03'West 93.87 feet;thence North 89°15'East 10 feet;thence South 0°03'West 115.34 feet to an iron rod on the North line of tract described in Deed to George R.Walker,et ux,recorded March 10, 1965,in Book 543, page 417,Records of Washington County;thence North 89°5T West along said North line 49.04 feet,more or less,to a point on the Easterly line of that certain easement described in Deed to George R.Walker,et ux,recorded October 8, 1964,in Book 525,page 640, Records of Washington County;thence South 31°08'West,along the Easterly line of said easement,21.23 feet to an angle point thereof;thence South 0°03'West,along the Easterly line of said easement 120.65 feet,more or less to a point on the center of SW Greenburg Road;thence North 78°37'West,along said center line to the Southeast corner of said Davis Tract;thence North 3°05'East along the East line of said Davis Tract to the true point of beginning. EXCEPTING THEREFROM the following described tract of land: Being a portion of Lot 3 of BOETCHERS ADDITION,situated in the John L.Hicklin Donation Land Claim No.54,Township 1 South,Range 1 West,Willamette Meridian,in the County of Washington and State of Oregon,to-wit: Beginning at an iron pipe marking the Northwest corner of said Lot 3;and running thence North 89°15'East 164.0 feet to an iron pipe; thence South 2°57'West 291.26 feet along the Easterly boundary line of the Leonard Davis Tract as recorded in Deed Book 168 at page 183 to a iron pipe marking an intersection with the Northerly right-of-way line of Southwest Greenburg Road;thence along said right-of-way line South 78°3T East 25.27 feet to an iron rod and the true point of beginning of the tract herein described;thence North 2°57'East along the Easterly boundary line of a 25.0 foot roadway easement 192.77 feet to a brass screw set inconcrete East of the West wall of a fish pond;thence South 84°01'East 97.58 feet to an iron rod;thence South 6°50'West 64.34 feet to an iron rod;thence South 31°08'West 47.76 feet to an iron rod;thence South 0°03'West 92.80 feet to a point of intersection with the Northerly right-of-way line of said Southwest Greenburg Road;thence North 70°3T West along said right-of-way lire to the true point of beginning. • • 11476 SW 96TH AVENUE- FRONT YARD ADJUSTMENT TYPE I APPLICATION TABLE OF CONTENTS I. PROPOSAL SUMMARY 2 GENERAL INFORMATION 2 REQUEST 2 SITE DESCRIPTION 2 SURROUNDING AREA 3 PROJECT DESCRIPTION 3 II. COMPLIANCE WITH THE CITY OF TIGARD DEVELOPMENT CODE 4 18.370.020 ADJUSTMENT 4 IV. CONCLUSION 4 11476 SW 961h Avenue-Front Yard Adjustment -4°F'aIpha August 15,2007 Page 1 • • +, I. PROPOSAL SUMMARY GENERAL INFORMATION Applicant Solera, LLC 9200 SW Nimbus Avenue Beaverton, OR 97008 [T] 503.452.8003 [F] 503.452.8043 Jerry Palmer Jerry.Palmer @AlphaCommunity.com Applicant's Representative Alpha Community Development 9200 SW Nimbus Avenue Beaverton, OR 97008 [T] 503.452.8003 [F] 503.452.8043 Sine Adams Sine.Adams @AlphaCommunity.com Property Owner Same as Applicant Maps and Tax Lot 1S135CA 9300 Site Location 11476 SW 96th Avenue Size .08 Acres Comprehensive Plan Designation Medium Density Residential Zoning R-12 Pre-Application Meeting Date July 24, 2007 REQUEST The applicant requests the administrative approval of the Type I Adjustment allowing a 15% reduction of the required Front Yard Setback of the subject parcel in accordance with the City of Tigard Development Code. SITE DESCRIPTION This parcel was recently platted in the Solera subdivision. The original parcel had one single-family detached home on the site and the subdivision created 10 new lots including the subject parcel which is located one lot northeast of intersection of Greenburg Road and 96th Avenue. The site is relatively flat and currently vacant; a home will be constructed on the subject parcel. To the east, the parcel's rear yard abuts an R-4.5 zoning district, which is less dense than the R-12 zoning of the parcel. The setback standard of a structure when the R-12 11476 SW 96'^Avenue-Front Yard Adjustment 44°alpha August 15,2007 Pageu2 4 • • zoning district abuts the R-4.5 zoning district increases the rear yard setback from 15 feet to 30 feet, thus decreasing the building envelope significantly. R-4.5! - . I HIM ------ ilimm R-12 - [ Parcel 1 ) / ,„_ ..,„ ... &sit/& 416 �._ I— l - A - . : . • ' , ...„ ( ( f iv SURROUNDING AREA '.Direction Comprehensive Plan Designation 'Zoning District Use North Medium Density Residential R-12 SFR East Low Density Residential R-4.5 SFR South Medium Density Residential R-12 SFR West Medium Density Residential R-12 SFR Data source:City of Tigard Comprehensive Plan Map and Zoning Map PROJECT DESCRIPTION As stated above, since the parcel abuts the R-4.5 zoning district, the rear yard setback is increased from 15 feet to 30 feet. This decreases the building envelope on the parcel. In order to create a functioning building envelope, the front and rear yard setbacks require minor adjustments. This request will reduce the front yard setback on the subject parcel from the required 15 feet to allow a minimum 12.75 foot front yard setback. (Please refer to the drawing which demonstrates the reduced setback on the subject parcel.) Under a separate application, the developer is requesting an additional adjustment to reduce the minimum rear yard setback required on this lot. Combined these adjustments will provide an adequate building envelope for the parcel. 11476 SW 96th Avenue-Front Yard Adjustment -e'-alpha August 15,2007 Page 3 • . i,. II. COMPLIANCE WITH THE CITY OF TIGARD DEVELOPMENT CODE 18.370.020 ADJUSTMENT B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: a. 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. Response: The applicant is requesting a 15% reduction to the front yard setback on the subject parcel. This will allow the front yard setback to be reduced from 15 feet to a minimum of 12.75 feet measured from the sidewalk to the front façade of the home. The garage setback will not be reduced with this request. 2. Approval criteria.A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect Response: The intent of this request is to provide a larger building envelope on the subject parcel because of required rear yard depth under current regulation. As stated above, the rear property line abuts an R-4.5 zoning district, which has increased the rear yard setback on the subject property from 15 feet to 30 feet, thus decreasing the building envelope significantly. Under a separate application, the developer is requesting an additional adjustment to reduce the minimum rear yard adjustment on this lot. Combined these adjustments will provide an adequate building envelope for the parcel. As demonstrated, the request for a 15% reduction to the 15 foot front yard setback is the least adjustment to achieve the desired effect. b. The adjustment will result in the preservation of trees,if trees are present in the development area; Response: There are no trees within the development area as shown on the Site Plan. This criterion is met. c. The adjustment will not impede adequate emergency access to the site; Response: The adjustment will allow the front yard setback to be reduced up to 15%. This will not impede adequate emergency access to the site. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Response: The required front yard setback is 15 feet. An adjustment to the setback standard is the only adjustment that will allow the developer to reduce the required setback; there is no alternative that will achieve the desired effect. IV. CONCLUSION This narrative and the attached exhibits demonstrate compliance with the applicable provisions of the City of Tigard Development Code. Therefore, the Applicant respectfully request approval of the front yard adjustment as proposed. 11476 SW 96in Avenue—Front Yard Adjustment 464-alpha August 15,2007 Page 4 • • • , 25.00' 8.15' TL 2304 I -,,i- SETBACKS R-12 -ti Fl4, 5 'REQ. 15' ADJ. FRONT 12.75' GARAGE 20' N/A REAR 30' 24' -,I 0 01 .07. • 11.58' 56.10' 20.38' 3 I 3,486 SF I ® 2 -o o b • NI 20.00' r . I ci po i•)/ _ — — — -- — — — — —7" L _,,fr. ., / icr NI 1 lf-)1 —I 2 I 1 i i 1 / CD Z : 3,563 SF I 3,897 SF , c., oo i '7 ill • I i — — S W. 96TH AVENUE / i DRAWN BY: GMT DATE: 8/14/07 REVIEWED BY: SEA DATE:8/14/07 1p aha PROJECT NO.: 858-001 SCALE: 1 :20' COMMUNITY DEVELOPMENT SOLERA ADJUSTMENT