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VAR2012-00004 NOTICE OF TYPE I DECISION • DEVELOPMENT ADJUSTMENT (VAR) 2012- 00004 &5 D R HORTON FRONT AND REAR YARD SETBACKS T I G A R D 120 DAYS = 08/29/2012 SECTION I. APPLICATION SUMMARY FILE NAME: D R HORTON FRONT AND REAR YARD SETBACKS CASE NO.: Development Adjustment (VAR) VAR2012 -00004 VAR2012 -00005 PROPOSAL: The applicant requests an adjustment to reduce the required front yard setback from 15 feet to 11.25 feet, a reduction of 25 %, and to reduce the required rear yard setback from 15 feet to 12 feet, a reduction of 20 %, to accommodate construction of a new single family residence. APPLICANT D R Horton, Inc.- Portland AND OWNER: Kati Gault 4380 SW Macadam Ave., Suite 100 Portland, Or 97239 ZONING: R -7: Medium- Density Residential District. The R -7 zoning district is designed to accommodate attached single - family homes, detached single - family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 13362 SW Alpine View Drive, WCTM 2S109AB, Tax Lot 14900. APPLICABLE CODE CRITERIA: Community Development Code Chapter 18.370. 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION VAR2012 -00004 DR Horton Front Yard Adjustment Page 1 SECTION III. BACKGROUND INFORMATION Site Information: The site is in the Alpine View Subdivision near the intersection of Ouzel Lane and Alpine View Drive. The lot is approximately 5,176 square feet in area. Site History: The subject property was approved through review of a subdivision in 2005. This lot is in the interior of the subdivision with normal setbacks for Residential Zone R -7 and is regular in shape, sloping up and away from the street approximately 12 feet to the rear of the lot. Proposal Description: The applicant requests an adjustment to the front yard setback to reduce the required setback from 15 feet to 11.25 feet, a reduction of 25 %, and reduce the required rear yard setback from 15 feet to 12 feet, a reduction of 20 %, to accommodate construction of a single family residence while saving trees in the back of the lot and limiting excavation into the slope. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 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 -7 ZONE Standard Proposed Minimum Setbacks - Front yard 15 ft 11.25 ft - Side facing street on corner & through lots 10 ft N/A - Side yard 5 ft 5 ft - Rear yard 15 ft 12 ft - 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.1.b provides that up to a 20% reduction of the dimensional standards for the rear yard setback required in the base zone may be approved as a Type I Development Adjustment. DEVELOPMENT ADJUSTMENT - APPROVAL CRITERIA 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: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; VAR2012 - 00004 DR Horton Front Yard Adjustment Page 2 The applicant has requested a 25% reduction in the required front setback of 15 feet, and a 20% reduction in the required rear setback. The adjustments are requested to be able to construct a single family residence similar to others in the subdivision while limiting the excavation into the sloped lot. The adjustments are the least required to achieve the desired effect. b. The Adjustment will result in the preservation of trees, if trees are present in the development area; The adjustment is requested in an effort to save trees on the rear of the lot. 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 placement of the single family residence is the most reasonable and least intrusive into setbacks. The residence as it is planned will not intrude into a side yard. There is no other reasonable alternative to reach the desired effect, construction of a residence similar in size to those in the rest of the subdivision. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant /owner. 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 MAY 10, 2012 AND BECOMES EFFECTIVE ON MAY 11, 2012. If you have any questions please contact the approving staff member or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. 46,4304 May 10, 2012 Approved by: Darrel "Hap" Watkins Date Livability Compliance Specialist 503 - 718 -2440 hapnu,tigard- or.gov VAR2012 -00004 DR Horton Front Yard Adjustment Page 3 City ofTigard Adj ustment — Type I Applicat GENERAL INFORMATION FOR STAFF USE ONLY Property Address /Location(s): 13362 SW Alpine View Dr. Case No.: x/142 0201 a - 00004/ Alpine View Lot 30 Other Case No(s).: Tax Map & Tax Lot #(s): 2S109AB 14900 Receipt No.: I a4,4. C Application Accepted By: S . Site Size: 5176 SF Date: 4 /al.s 1 Applicant *: D.R. Horton, Inc - Portland Date D ter ed To Complete: Address: 4380 SW Macadam Ave, Ste 100 c / / City/State: Portland, OR Zi 97239 Comp Pl /Zoo esignation: Primary Contact: Kati Gault Phone: 503 - 222 -4151 x 1145 Fax: 800- 648 -5028 Property Owner /Deed Holder(s) *: (Attach list if more than one) Rev. 7/I/11 D.R. Horton, Inc. - Portland is \curpin\ masters \ land use applications \ adjustment-Type 1 App.doc Address: 4380 SW Macadam Ave, Ste 100 Phone: 503 - 222 -4151 x1145 City/State: Portland, OR Zip 97239 REQUIRED SUBMITTAL ELEMENTS * 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 ✓ Application Elements Submitted: 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 'Application Form authorization with this application. 'wner's Signature /Written Authorization PROPOSAL SUMMARY Tide Transfer Instrument or Deed ❑ Site /Plot Plan (2 copies) The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Site /Plot Plan (reduced 81/2"x 11 ") Development Code (please circle one only): ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) Development Adjustment Front Yar Interior Setbacks and Lot Coverage T•S4 �,,,,yn *. �liing Fee • 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 • Washington Square Reg. Center Density Adjustments • Wireless Communication Facility Adjustments — Distance From Another Tower 4 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 1 oft Please state the reason for the Adjustment request: Lot is very shallow and is required to front SW Alpine View. In order to fit a house fronting SW Alpine View a 25% reduction to the front setback is needed. 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. DATED this 10th day of April 20 12 0 r / W ■ A .pli Agent Signature Owner's.ignature C t e d � D.R. Ho on, Inc. - Portland M. Scott Clark, Vice President Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 2 of2 i 114 II. CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 186458 - 04/25/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2012 -00004 Development Adjust 100 - 0000 -43116 $258.00 VAR2012 -00004 Development Adjust - LRP 100 - 0000 -43117 $38.00 Total: $296.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 025229 STREAT 04/25/2012 $296.00 Payor: Andrew Tiemann /DR Horton Total Payments: $296.00 Balance Due: $0.00 Page 1 of 1 Washington County, Oregon 201 2 - 025428 04/03/2012 02:53:43 PM D -DBS Cnt =1 Stn =22 I REED Until a change is requested, all $15.00 $5.00 $11.00 $15.00 $770.00 • Total = $816.00 tax statements shall be sent to: 0 69118 201200254280030033 D.R. Horton, Inc. - Portland I, Richard Hobernlcht, Director of A merit and ,•,, 4380 SW Macadam Suite 100 Taxation and Ex-Officio County Clerk for Washington . '.;) County, Oregon, do hereby certify that the within •• �• . „ {rr I , Instrument of writing was receW a d re orded In the , , ,„ f Portland, OR 97239 book of records of sold cou Attn: Melissa Trunnell Richard Hobernlcht, Director of A merit and •■■; :yas; Taxation, Ex-Officio County Clerk After recording, send to: ;' r' ^� �VANINGTONCOUNTY D.R. Horton, Inc.- Portland + REAL PROPERTY TRANSFER TAX 4380 SW Macadam, Suite 100 Portland, OR 97239 '' FEE PAID DATE Attn: Melissa Trunnell STATUTORY BARGAIN AND SALE DEED COLUMBIA STATE BANK, a Washington banking corporation, Grantor, conveys to D.R. HORTON, INC. - PORTLAND, Grantee, the real property described on Exhibit A attached hereto and incorporated herein. The true and actual consideration for this conveyance is $770,000.00. 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, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 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, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. , >r r DATED this %t 8� day of.Ap 1, 2012. GRANTOR COLUMBIA STATE BANK, a Washington banking corporation B A Its: ere 1res..al of STATE Of 6REOONi/ `T*2 J ) County 67� rA Ss. Coun of This instrument was acknowledged before m- o the ; day of /2,d71) ,W42 by /3 / ............................................. ,e, of„,id I Notary Public o Public forte il/R;; /c" State of Washington My Commission Expires: 7' / — / I LAURA E MARSHALL I My Appointment Expires Jul 1, 2012 EXHIBIT A Le2a1 Description LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: Lots 19, 21, 22, 23, 30, 32, 35, 36 and 37, ALPINE VIEW, in the City of Tigard, County of Washington and State of Oregon, EACH TOGETHER WITH an undivided interest in Tracts "B" and "D ", ALPINE VIEW. Lots 28 and 29, inclusive, ALPINE VIEW, in the City of Tigard, County of Washington and State of Oregon, EACH TOGETHER WITH an undivided interest in Tracts "B ", "D" and "E ", ALPINE VIEW. APPLICANTS STATEMENT DEVELOPMENT ADJUSTMENT - REAR YARD SETBACK ALPINE VIEW LOT 30 TABLE OF CONTENTS I. GENERAL INFORMATION 2 II. REQUEST 2 III. COMPLIANCE WITH ADJUSTMENT STANDARDS 3 VIII. PROPOSAL SUMMARY Et CONCLUSION 3 ALPINE VIEW LOT 30 REAR YARD ADJUSTMENT PAGE 1 Applicant's Statement April 24, 2012 I. GENERAL INFORMATION Applicant /Property Owner: D.R. Horton, Inc. - Portland 4380 SW Macadam Ave, #100 Portland, OR 97239 Tel: 503.222.4151 ext. 1145 Fax: 800.648.5028 Contact: Kati Gault Site & Proposal Information: Site: Tax Map 2S109AB Tax 14900 Size: 5,176 S.F. Existing County Zoning: R -7 (Medium Density Residential) Subdivision: "Alpine View" Lot 30 Proposal: Development Adjustment to R -7 Rear Building Setback II. REQUEST This application is submitted in request of a Development Adjustment. The subject property is part of the "Alpine View" Subdivision, Lot 30. The Applicant now proposes to build a home on the site. In order to provide tree mitigation on the site and build a home with a garage and front door that face SW Alpine View, as intended 20% rear yard the original approval, a 20/ adjustment to the rea ya d set back is needed. The applicant is also requesting a 25% adjustment to the front setback by separate application. ALPINE VIEW LOT 30 REAR YARD ADJUSTMENT PAGE 2 Applicant's Statement April 24, 2012 III. COMPLIANCE WITH ADJUSTMENT CRITERIA CHAPTER 1 8.370.020 - ADJUSTMENTS 18.370.020.8 DEVELOPMENT ADJUSTMENTS 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: Lot 30 was platted as a very shallow lot. In order for the garage and front door of this home to maintain its intended orientation toward SW Alpine View and provide mitigation trees in the side yard, a 20% Development Adjustment to the rear yard setback is needed. The Applicant has demonstrated that the proposed adjustment is the least required while maintaining the desired effect including tree mitigation and a home of similar size to others in the area. b. The adjustment will result in the preservation of trees, if trees are present in the development area; Response: There are no trees to be preserved on this lot however per the site plan included in this application, the Applicant has shown that this adjustment will facilitate tree mitigation in the side yard of Lot 30. c. The adjustment will not impede adequate emergency access to the site; Response: Per the site plan included in this application, the Applicant has shown that this adjustment will not impede emergency access to the site. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Response: The Applicant reviewed other alternatives and found that the alternative of an adjustment to the rear yard setback best maintained the desired effect of the community. Other alternatives prevented tree preservation, altered the orientation of the home or significantly reduced the home sizes resulting in homes that were inconsistent with the desired effect of the community. VIII. PROPOSAL SUMMARY Ft CONCLUSION This Applicant Statement, in conjunction with the attached site plan, describe the proposal and demonstrate compliance with the applicable standards of the City of Tigard Municipal Code. Therefore, the Applicant respectfully requests approval of a 20% Development Adjustment to the rear yard setback of Alpine View Lot 30. ALPINE VIEW LOT 30 REAR YARD ADJUSTMENT PAGE 3 Applicant's Statement April 24, 2012 ALPINE VIEW • LOT 30 CITY OF TIGARD, OR DISCLAIMER: CITY /JURISDICTION HAS AUTHORITY TO CHANGE SITE PLAN IF NEEDED. EROSION CONTROL FRONT LANDSCAPE HAY AND SILT FENCE IF NEEDED ■ , r ! LOT COVERAGE LOT AREA = 5,176 SF BLDG FOOTPRINT = XXX SF COVERAGE = XX% t C . EXISTING �- SETBACK REQUIREMENTS ,10' , - %�� ; FRONT (TO BLDG WALL /PORCH) 15 " � A,.--. `- 1 SIDE YARD (ST.) 10' SIDE YARD 5' L I IL 71 1 , GARAGE 20 ~-- REAR 15 I I k PROPOSED cn ° 2 \ SETBACK REQUIREMENTS o "'--� 3 FRONT (TO BLDG WALL /PORCH)11.25' `"-• W II SIDE YARD (ST.) 10' o �` ; SIDE YARD 5' — W GARAGE 20' < in __ r d REAR 12' ,, R , I Q N i °' I LOT 30 { ■ p o I 5 SQ.FT. 1 hi I < vt E rz 3 ■ j ; 0 .> i'ii MiniiiiM i . >. e .2 0 c errs, i 0 � ° - �. 3 0 a r .x i ° m �.F- t •`v �_ CC ci `. 3 SCALE CD 'i 0 10 20 — Q. - ' Q k _. N " - 1 INCH = 20 FEET • ADDRESS 13362 SW ALPINE VIEW DR DR H or t on H omes CT- PLAN : 3702 A 0 SCALE: 1 - 20 4386 SW. Macadam Avenue, Suite 102 DATE : 4-9-12 Portland Oregon PHONE : 503.222.4151 FAX : 503.222.3717 1 ALPINE VIEW LOT 30 CITY OF TIGARD, OR DISCLAIMER: CITY /JURISDICTION HAS AUTHORITY TO CHANGE SITE PLAN IF NEEDED. EROSION CONTROL FRONT LANDSCAPE HAY AND SILT FENCE IF NEEDED . LOT COVERAGE LOT AREA = 5,176 SF BLDG FOOTPRINT = XXX SF COVERAGE = XX% I ....,_ © EXISTING SETBACK REQUIREMENTS - -�'" FRONT (TO BLDG WALL /PORCH) 15' . �►, /fj ' - SIDE YARD (ST.) 10' u - SIDE YARD 5' °- GARAGE 20' — ���;� L REAR 15' W PROPOSED SETBACK REQUIREMENTS `V FRONT (TO BLDG WALL /PORCH) 11.25' 91 . W II SIDE YARD (ST.) 10' CN IME.lr 5 SIDE YARD 5' tfu a = • ' c W GARAGE 20' o M 0 ry Z REAR 12' ■ •,f Q I J 'fl 1 cm I. w I N w LOT 30 1 iI i 5,176 SQ.FT. -- L 5 E m L_ - ..,____I i )` g ' CITY OF TIGARD Approved t/ • D lif Conditionally Approved [ � - •1 For only the �y� de�gcribed ' - 0 PERMIT NO. 4 .- — ��Dl� See Letter to: Follow I 1 r Attach . � �;-' . �.r - - ` /, 1 ^y SCALE Job ' ✓ 0 10 20 c By: .... f , Date: ., I - '^- - - -- -- 1 INCH = 20 FEET O ADDRESS: 13362 SW ALPINE VIEW DR D.R. Horton H T PLAN : 3702 A SCALE: 1 ■ - 20 4386 SW. Macadam Avenue, Suite 102 DATE : 4_9_12 Portland Oregon PHONE : 503.222.4151 FAX : 503.222.3717 i