VAR2009-00015VARIC)o9*Aw'000 15
♦,
NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ( VAR) 2009-00015 NU
STONEBRIDGE SETBACK ADJUSTMENT <<c 1AFR Lj
120 DAYS = 11/25/2009
SECTION I. APPLICATION SUMMARY
FILE NAME: STONEBRIDGE FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Development Adjustment (VAR) VAR2009 -00015
PROPOSAL: The applicant requests an adjustment to the front yard setback from 20 feet
to 15 feet to accommodate their standard house plan with covered front
porch and 10 foot rear deck This will allow the net rear yard setback to be
the 15 feet required by the R-4.5 zone.
APPLICANT: Stonebridge Homes, Inc.
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97035
OWNER: Northwest View Properties, LLC
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97035
ZONING: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed
to accommodate detached single - family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single - family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 13864 SW 95`� Ave., WCTM 2S102CD, Tax Lot 05500.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370,18.390 and 18.510.
SECTION H. 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.
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 1
• •
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information:
The site is in the Fletcher Woods Subdivision near the intersection of McDonald Street and 95'h
Avenue. This lot, on the east side of 95h Avenue, is 6 feet less in depth than would normally be
necessary for this building plan. This plan is the best selection for this lot, given the narrow aspect of
the lot after right -of -way dedications. The lot is approximately 7,002 square feet in area, 498 less than
normal for this zone.
Site History:
The subject property was approved through review of a subdivision (SUB2005- 00021) in 2006.
Proposal Description:
The applicant requests an adjustment to the front yard setback from 20 feet to 15 feet to
accommodate their standard house plan with covered front porch and 10 foot rear deck. This will
allow the net rear yard setback to be the 15 feet required by the R -4.5 zone.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
RESIDENTIAL ZONING DISTRICTS (18.510)
The development standards that affect this property are as shown below.
TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD — R -4.5 ZONE
Standard
Proposed
Minimum Setbacks
-Front yard
20 ft
15 ft
-Side facing street on comer & through lots
15 ft
No change
-Side yard
5 ft
No change
-Rear yard
15 ft
No change
- Distance between property line and front of garage
20 ft
No change
DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS:
Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the
front yard setback required in the base zone may be approved as a Type I Development Adjustment.
Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted
if there is a demonstration of compliance with all of the applicable standards:
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 2
a. A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested a 25% reduction in the required front yard setback of 20 feet.
This would reduce the front yard setback to 15 feet. All other setbacks will be adhered to.
The adjustment is the least required to be able to construct the residence in a manner to
allow for the standard plan with covered porch and 10 ft. deck
b. The Adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees will be removed due to this construction.
C. The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access.
d. There is not a reasonable alternative to the Adjustment which achieves the desired
effect.
The front yard setback is the most reasonable and least intrusive regarding setbacks. The
42.5 sq. ft. covered porch is less an impact than would be the 90 sq. ft. portion of the deck
that would intrude into the rear yard setback if that were the one chosen for adjustment.
FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
The decision of the Director on Type I Procedure 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.
THE DECISION IS FINAL ON JUNE 29, 2009 AND
BE COME S E FFE CTIVE ON JUNE 30, 2009.
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 3
• 0
Questions:
If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171
or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR
97223.
A�A � k' di I&
Approved by: Darrel "Hap' atkins
Assistant Planner
July 29, 2009
Date
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 4
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VICINITY MAP
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VAR2009 -00015
STONEBRIDGE SETBACK
ADJUSTMENT
® Subject Site
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Information on this map is for general location
MCUONALU ST
only and should be verified with the Development
Services Division.
Scale 1:2,057 - 1 in = 171 It
Map printed at 29- Jul -09 08:43 AM
J
>
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD
j
-
a
MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
a
^�
CONTEN FRWDED HEREIN THE CITY OFDTI THE
GARD SHALL AS ME NO
_
LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
Cf
a
City of Tigard
SW Hall
17503839 97813 `..
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TIGAR MAPS -;.
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www.tigard- or.gov -
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a s e e w su a e� C DATE:
8/18/09
L A X �o ,,s W p,_a o. o n 2 a ® 7 o a a PROPERTY:. FLETC
RER— WOOIS
CITY: TIGARID
SCALk: 1' =20'
s........, .;, , 5- PLAN No.: 170
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PRAIRIE
ELATION
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-- 18.00, S. WIDE RECIPROCAL
DRIVEWAY EASEMENT
V 248
•LEGEND ' .
• — STREET TREES MITIGATION: TREES
2' CALIPER TRIDENT MAPLE DOUGLA5 FIR 5' -6' HIGH, 4' 545E
LOT COVERAGE "
LOT AREA: -1,002 SQ. FT.
— EXISTING TREE WITH
CITY OF TIGARD
BUILDING AREA: 21o44 SQ. FT. TAG -NUMBERR - To. BE SA/EcA,pproved. ,.... ........................• t
PERCENTAGE: 3l 8qo cnditionally Approved ..................
a a TREE PROTECTION FENCINCf -or only the wo I 6 des cpbe in:
NOTES: (PLACE FENCE AT DRIP 1.11 WIT NO:
See ttte to' Follow .......................
ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCAYTONr5. `
ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGU At SLP,h
ALL RETAINING WALL HEIGHTS AND LOCATIONS ARE ESTIMATES. 4 Ad ► �a
DRIVEWAY MARY DIFFER DUE TTO LOCATION OF UTILITY BOXES,
STREETLIGHTS, AND OTHER SITE CONDITIONS.
v •
41
AFFIDAVIT- OF MAILING MIL . U
`SRC AIRD
I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and saythat I am a Planning Assistant for the City of
Tigard, Washington County, Oregon and that I served the following:
(Ch-k Appmp— B.�@ Bd.-)
0 NOTICE OF DECISION FOR
VAR2009- 00015 /STONEBRIDGE HOMES SETBACK ADJUSTMENT
(File T WNane Reference)
AMENDED NCUCE
® 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 addrel, Gioon the attached Est(s), marked Exhibit " B", and by reference made a part hereof, on
July 2932Q09, and deposited ' the United ates on 29 2009, postage prepaid.
that
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the day of -SE�P_I_EP6/L-- , 2009.
OFFICIAL SEAL
8HIRLEY L TREAT
-NOTARY PUBLIC - OREGON
COMMISSION NO. 416777
MY CAI8SION EXPIRES APRIL 25,2011—
'J" V` "
NOTARY PUB C OF OREGON
My Commission Expires: 466
NOTICE OF TYPE I DECISION
IXHIBIT-L
to
DEVELOPMENT ADJUSTMENT (VAR) 2009 -00015
STONEBRIDGE SETBACK ADJUSTMENT
120 DAYS = 11/25/2009
SECTION I. APPLICATION SUMMARY
FILE NAME: STONEBRIDGE FRONT YARD SETBACK ADJUSTME
CASE NO.: Development Adjustment (VAR) V
PROPOSAL: The applicant requests an adjustment to the front yard setback from 20 feet
to 15 feet to accommodate their standard house plan with covered front
porch and 10 foot rear deck. This will allow the net rear yard setback to be
the 15 feet required by the R 4.5 zone.
APPLICANT: Stonebridge Homes, Inc.
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97035
OWNER Northwest View Properties, LLC
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97035
ZONING: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed
to accommodate detached single - family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single- family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 13864 SW 95t Ave., WCfM 2S102CD, Tax Lot 05500.
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.
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 1
• •
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information:
The site is in the Fletcher Woods Subdivision near the intersection of McDonald Street and 95`h
Avenue. This lot, on the east side of 95h Avenue, is 6 feet less in depth than would normally be
necessary for this building plan. This plan is the best selection for this lot, given the narrow aspect of
the lot after right -of -way dedications. The lot is approximately 7,002 square feet in area, 498 less than
normal for this zone.
Site History:
The subject property was approved through review of a subdivision (SUB2005- 00021) in 2006.
Proposal Description:
The applicant requests an adjustment to the front yard setback from 20 feet to 15 feet to
accommodate their standard house plan with covered front porch and 10 foot rear deck. This will
allow the net rear yard setback to be the 15 feet required by the R -4.5 zone.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
RESIDENTIAL ZONING DISTRICTS (8.510)
The development standards that affect this property are as shown below.
TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD — R -4.5 ZONE
Standard
Proposed
Minimum Setbacks
-Front yard
20 ft
15 ft
-Side facing street on corner & through lots
15 ft
No change
-Side yard
5 ft
No change
-Rear yard
15 ft
No change
- Distance between property line and front of garage
20 ft
No change
DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS:
Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the
front yard setback required in the base zone may be approved as a Type I Development Adjustment.
Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted
if there is a demonstration of compliance with all of the applicable standards:
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 2
• •
a. A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested a 25% reduction in the required front yard setback of 20 feet.
This would reduce the front yard setback to 15 feet. All other setbacks will be adhered to.
The adjustment is the least required to be able to construct the residence in a manner to
allow for the standard plan with covered porch and 10 ft. deck
b. The Adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees will be removed due to this construction.
C. The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access.
d. There is not a reasonable alternative to the Adjustment which achieves the desired
effect.
The front yard setback is the most reasonable and least intrusive regarding setbacks. The
42.5 sq. ft. covered porch is less an impact than would be the 90 sq. ft. portion of the deck
that would intrude into the rear yard setback if that were the one chosen for adjustment.
FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
The decision of the Director on Type I Procedure 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.
THE DECISION IS FINAL ON JUNE 29, 2009 AND
BE COME S E FFE CTIVE ON JUNE 30, 2009.
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 3
• •
Questions:
If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171
or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR
97223.
Approved by: Darrel "Hap' a&dns
Assistant Planner
July 29, 2009
Date
VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 4
0
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STONEBRIDGE SETBACK
—• _ _ . - _ j ADJUSTMENT
® Subject Site
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-- — – _ - --
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-- --� - -- t Information on this map is for general location
MCDONALD ST only and should be verified with the Development
Services Division.
Scale 1:2,057 -1 in = 171 tt
M
ap printed at 29- Jul -09 08:43 AM
��l J LLl
_ -- ; 1 I _- - - 1 I Q I i DATA IS DERIVED FROM MULTIPLE SOURCES, THE CITY OF TIGARD
• _ —1 — MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
CO ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE
DATA P
DATA PROVIDED HEREIN. THE CITY OF S.O TIGARD SHALL ASSUME NO
LIABILITY FOR ANY ERRORS, OMISSIONS. OR INACCURACIES F HOW US .THE
INFORMATION PROVIDED REGARDLESS OF MOW CAUSED.
1 A I i I I Q)
I I I City of Tigard
13125 SW Hall Blvd
TI�AR MAPS Tigard, OR 97223
503 639 -4171
L::L
Jll www.tigard- or.gov lIOC�Ya(:�
STONE BiF-. �
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LAZE o,awS,.G.O. OREGON 97035
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---- - - - - --
OBE: 1 31J V
LOT: 5
DATE: 8/18/09
PROPERTY :. FLETCSER -WOODS
CITY: - - TIGARD
.SCALE: 1' =20'
PLAN No.: 170
PRAIRIE ELEVATION
I0' 243'
10'x18''
� DECK �
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42
244
I
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LECxEND
• — STREET TREES MITIGATION: TREES
2' CALIPER TRIDENT MAPLE DOUGLAS FIR, 5' -6' HIGH, 4' 5A5E
LOS' COVERA'►E
LOT AREA: 1,002 SQ. FT.
— EXISTING TREE WITH
c0TV OOIF TOGARD
BUILDING AREA: 2,644 SC. FT. --TAG NUMEER -TO. EE "SAVErpproved..._..__._ -. - - -_ ---------- PERCENTAGE: 3115g .......
ononayApproved - ---- J
J
0 o TREE PROTECTION FENCIN&or Only the wo $ des ibe In:
Nome., (PLACE FENCE AT DRIP LII{ 9MIT ICI®.
See LLpp4t@ 40: follow ............... ........
ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCAT m5!
ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGU At h •• J
ALL RETAINING; WALL HEIGHTS AND LOCATIONS ARE ESTIMATES. �� Ate Y ��
THEY MAY VARY AND BE SUBJECT TO CHANGE. ��;
DRIVEWAY MAY DIFFER DUE TO LOCATION OF UTILITY 5OXE5,
STREETLIGHTS, AND OTHER SITE CONDITIONS.
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---- - - - - --
OBE: 1 31J V
LOT: 5
DATE: 8/18/09
PROPERTY :. FLETCSER -WOODS
CITY: - - TIGARD
.SCALE: 1' =20'
PLAN No.: 170
PRAIRIE ELEVATION
I0' 243'
10'x18''
� DECK �
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LECxEND
• — STREET TREES MITIGATION: TREES
2' CALIPER TRIDENT MAPLE DOUGLAS FIR, 5' -6' HIGH, 4' 5A5E
LOS' COVERA'►E
LOT AREA: 1,002 SQ. FT.
— EXISTING TREE WITH
c0TV OOIF TOGARD
BUILDING AREA: 2,644 SC. FT. --TAG NUMEER -TO. EE "SAVErpproved..._..__._ -. - - -_ ---------- PERCENTAGE: 3115g .......
ononayApproved - ---- J
J
0 o TREE PROTECTION FENCIN&or Only the wo $ des ibe In:
Nome., (PLACE FENCE AT DRIP LII{ 9MIT ICI®.
See LLpp4t@ 40: follow ............... ........
ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCAT m5!
ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGU At h •• J
ALL RETAINING; WALL HEIGHTS AND LOCATIONS ARE ESTIMATES. �� Ate Y ��
THEY MAY VARY AND BE SUBJECT TO CHANGE. ��;
DRIVEWAY MAY DIFFER DUE TO LOCATION OF UTILITY 5OXE5,
STREETLIGHTS, AND OTHER SITE CONDITIONS.
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P?5) E V'I ini
'Eva,
�-0�371
Stonebridge Homes, Inc.
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97035
Northwest View Properties, LLC
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97035
VAM009 -0001-* EXH I B Ili
STONEBRIDGE HOMES SETBACK
ADJUSTMENT
GENERAL INFORMATION
Property Address /Loclio'(s):
•
•
ADJUSTMENT
TYPE I APPLICATION
City i f Tigard Pemit Corner 13125 S W Hall Bkd, Tibant OR 97223
Phore 503.639.4171 Fax: 503.598.1960 RECHWE-D
JUL 2 4 2009
Tax Map & Tax Lot # (s): 2 -S 1 O z C- D d.S6310d
Site Size:
Applicant*:
Address: L
City/State: LQ Aa
Primary Contact:'2 i
Phone: i n _ •
Owner
Address: (%
City/State:
-7066
a`-►
aa1 1 d yid
►Z Zip: 970?-�2_
s)'`: (Attach�ist if mRre than
C-
zip:
x 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
authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Community
Development Code (please circle one only):
➢Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>Special Adjustments:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density
♦ Landscaping Adjustments - Existing /New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements /Existing Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal
♦ Wireless Communication Facility Adjustments - Distance From Another Tourer
4 Washington Square Reg. Center Density Adjustments
Please state the r4ison for the Adjustment
r•.-V s tjAd S J. t \q� o . 2.'
0/%
CITY OF TIGARD
FOR STAFF USE ONLY
Case No.: UA1?- Z 001 - OW/ s
Other Case No(s).:
Receipt No.: D
Application Accepted By:
Date: -7
Date Determined T Be Complete:
� 0/"v
Comp PI Zone Designation:
Rev. 711107
L \curpin \masters\land use applications \adjustment -Type 1 App.doc
REQUIRED SUBMITTAL ELEMENTS
✓ Application Elements Submitted:
J]' Application Form
/- Owner's Signature /Written Authorization
WTitle Transfer Instrument or Deed
Site /Plot Plan (2 copies)
Site /Plot Plan (reduced 8� /a °x 11')
®Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
�Fg Fee
• •
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described or
he 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 reauest does not violate any deed restrictions that may be attached to orimnosed uvomthe, subiect nrovertv::>
♦ 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,' maybe revoked ifCit is .forfurd that any such statements are
false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for
approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of c/ c/ .20
/
Authorized Agent Signature
Owner's Signature
Owner's Signature
Owner's Signature
a' a -
t c
c •
• a
CITY OF TIGAR1
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
Receipt Number: 174540 - 07/27/2009
RECEIPT
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2009 -00015 Development Adjust 1003100 -43116 $238.00
VAR2009 -00015 Development Adjust - LRP 1003100 -43117 $35.00
Total: $273.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 30365 KPEERMAN 07/27/2009 $273.00
Payor: Stone Bridge Homes NW, LLC
Total Payments: $273.00
Balance Due: $0.00
Page 1 of 1
Hap Watkins
From: Jim Delmore Dimd @ventureprop.com]
Sent: Tuesday, July 28, 2009 9:16 AM
To: Hap Watkins i � . zelk
Subject: RE: Variance application �/TK- ��ap/�
Attachments: AR- M620N_20090728_074447.pdf; 13966Rptlnsp062109- email.doc; 13966Rptlnsp070609-
email.doc; 13966Rptlnsp072009- email.doc
Good Morning Hap,
In regards to the Variance Request for Lot 5 Northwest View Properties LLC, a subsidiary of DMH Holdings owns the lots;
not Venture Properties (which is also a subsidiary of DMH Holdings). Attached is the Deed for lots 5 and 8 of Fletcher
Woods showing transfer of ownership to Northwest View Properties. _ I
As for Lot 8 1 would like to pick up that permit today if possible. With those trees circled in red, the tree mitigation
requirement going up the same amount, and the City stamped As- Builts showing those trees gone; I'm confident the trees
were removed during the development process
Below is the email that Todd sent out and the changes he wanted after seeing the Plot Plan on June 12t ". I've also
enclosed all of the Arborists monitoring reports since we purchased the lots. I know it is just a day but houses are not
selling until they are completed, and every day matters.
Thanks,
Jim RE(Oz�UVEM
(From: Todd Prager
Sent: Friday, June 12, 2009 10:13 AM JUL 2009
To: Dan Nelson; Mark VanDomelen
Subject: FW: Building Permits for Lots 5 and 8 of Fletcher Woods CITY OF TiG'AR®
PLANNIONWENGINEERIiUG
FYI
(From: Todd Prager
Sent: Friday, June 12, 2009 10:11 AM
To: 'gayland @stonebridgehomesnw.com'
Cc: 'Alan DeHarpport'; Cheryl Caines; Albert Shields; 'jay @h - mc.com'; 'kaykinyon @centurytel.net'
Subject: Building Permits for Lots 5 and 8 of Fletcher Woods
Dear Gayland,
I am reviewing the building site plans for Lots 5 and 8 of the Fletcher Woods subdivision in Tigard and need the following
items prior to my approval:
1. Street tree size (2" caliper), species (Trident Maple), and locations per the approved subdivision plans (see
attached plan sheet #6) need to be shown on the building site plans.
2. Condition 7 of the Fletcher Woods Subdivision requires:
Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees
that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project
arborist regarding the placement and construction techniques to be employed in building the house. All proposed
protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place
through the duration of home building. After approval from the City Forester, the tree protection measures may be
removed.
Please show the existing trees i.tree protection fencing dimensions to sc•on the site plans and have your
arborist site off on a protection plan. The arborist who has worked on the other lots is Kay Kinyon of Tree Care and
Landscapes. Their number is 503 - 635 -3165.
3. Condition 6 of the Fletcher Woods subdivision requires biweekly arborist reports until final inspection for each
lot. The first arborist report shall occur after the tree protection fencing is inspected /erected and continue
every two weeks thereafter. Have the arborist email the reports to me and copy Albert Shields (albert@tigard-
or.gov).
4. Condition 3 requires deed restrictions for all trees over 12" in diameter. You will probably want to work with
the developer to ensure this occurs for all lots at one time. We have a standard format for this and you could
contact Cheryl Caines, Associate Planner with the City of Tigard, for more information on the deed restriction
requirements. Cheryl's number if 503 - 718 -2437.
Once these items are taken care of, I will be able to approve your plans for the tree related issues. Please do not
hesitate to contact me if you have any questions.
Todd Prager
Associate Planner / Arborist
City of Tigard
503.718.2700
From: Hap Watkins [mailto:HAP @tigard - or.gov]
Sent: Tuesday, July 28, 2009 8:13 AM
To: Jim Delmore
Subject: Variance application
gFCENED
� 2009
�UL �
GI-Ty O- -TIG c� T,
Jim;' L
Part of a variance application is proof that the owner is authorizing this land use decision. That requires a title transfer
instrument or deed. I'm sure Venture Properties has this and could fax a copy to me quickly. I need this to finish the
variance request. thanx ... hap
1
M
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a
•
w� ANEA
After recording return to:
Northwest View Properties, LLC
�}Z3DSW C�0.lEvJOGc(S� -#1DO
we-(r. -8., 9 i
Until a change is requested all tax statemerds
shall be sent to the following address.
Northwest View Properties, LLC
File No.: 7061- 1424513 (SID)
Date: June 11, 2009
RECEN :-D
JUL 8 2009 �117aWs03:18:291 PMn 2009 -065801
D -DW Cnt=1 Stn --8 CALLIEM
CITY OF TICARD S10.00 $5.00 $11.00 $150.00 - Total = 5176.00
IIII_Illlilllllllill I(III Illlllllllllll IN
WASHINGTON COUNTY
RE41 PROPEgTY TRANSFER T X
$ i�O. OU
FEE PAID DA E
STATUTORY SPECIAL WARRANTY DEED
LibertyBank, Grantor, conveys and specially warrants to Northwest View Properties, LLC, an
Oregon limited liability company, Grantee, the following described real property free of liens and
encumbrances created or suffered by the Grantor, except as specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
LOTS 5 AND B, FLETCHER WOODS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND
STATE OF OREGON.
This property is free from liens and encumbrances, EXCEPT:
1. Covenants, conditions, restrictions and /or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $150,000.00. (Here comply with requirements of OILS 93.030)
Page 1 of 2
AM:
ECOVED
---- -- W JUL 2 0 2009
CITY OF TIGARD
PLANNIi' VENGINEERING
Statutory special Warrdnty Deed File No.: 7061- libertysd (S7D)
- continued Date: 11/10/2008
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-
336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, 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 195.300, 195.301 AND 195.305 TO 195 -336
AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. .
Dated this a mark day of �C kzc� 1t1t>li 20 0 O .
Libe
By: Robin Oberg, resident
STATE OF Oregon )
)ss•
County of Lane )
This instrument was acknowledged before me on this., day of 2006
by Robin Oberg as Vice President of UbertyBank .
Notary Public for Oregon
My commission expires:
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18.370.010.C.
18.370.020 Adjustments
A..PuEpr ose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development standards
within proscribed limits. Because such adjustments are granted using "clear and objective
standards," these can be granted by means of a Type I procedure, as opposed to the more
stringent standards of approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in Section
18.370.020.C.
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.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear
yard setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
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 requ sted is the 1 st req fired to active the desired
effect; l S "A Le cAs� � J�� �� � le, C¢ LU. tdL
b. The adjustment wij�sun`rth-elp rfservation of trees, if trees are present in the development
area;
c. They adjustment will not impede deg1uate emergency access to the se;
d. There is not a reasonable alternative to the adjustmehrfvhichichieves the desired effect.
1 `I l l
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Variances and Adjustments 18.370 -2 Code Update: 5107