VAR2012-00003 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT (VAR) 2012 -00003 i I
D R HORTON FRONT YARD SETBACK T I GARD
120 DAYS = 08/29/2012
SECTION I. APPLICATION SUMMARY
FILE NAME: D R HORTON FRONT YARD SETBACK
CASE NO.: Development Adjustment (VAR) VAR2012 -00003
PROPOSAL: The applicant requests an adjustment to the front yard setback to reduce the
setback from 15 feet to 11.25 feet, a reduction of 25 %, 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: 13369 SW Ouzel Loop, WCTM 2S109AB, Tax Lot 14700.
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 -00003 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 4,762 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 away
from the street approximately 14 feet to the rear of the lot.
Proposal Description:
The applicant requests an adjustment to the front yard setback to reduce the setback from the
required 15 feet to 11.25 feet, a reduction of 25 %, 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 - 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 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.
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;
The applicant has requested a 25% reduction in the required front setback of 15 feet,
reducing the front yard setback to 11.25 feet. All other setbacks will be adhered to. The
adjustment is requested to be able to construct a single family residence while limiting the
excavation into the sloped lot.
VAR2012 -00003 DR Horton Front Yard Adjustment Page 2
•
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 rear or 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.
Questions:
If you have any questions please call the approving staff member or stop by the Planning office at
the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223.
May 10, 2012
Approved by: Darrel "Hap" Watkins Date
Livability Compliance Specialist
503 - 718 -2440
hapatigard- or.gov
VAR2012 -00003 DR Horton Front Yard Adjustment Page 3
,
7
•1 City ofTigard
...... Ad — Type I Application
GENERAL INFORMATION
FOR STAFF USE ONLY
Property Address /Location(s): 13369 SW Ouzel Lane; Case No.: VAR"a s 0o6
Alpine View Lot 28
Other Case No(s).:
Tax Map & Tax Lot #(s): 2S109AB 14700 Receipt No.: is k 14--St.4
Application Accepted By: s . e r
Site Size: 4762 SF
Date: y'' as) / y
Applicant *: D.R Horton, Inc:. - Portland Date Defer ' ed To Be C lete:
Address: 4380 SW Macadam Ave, Ste 100 � y City/State: Portland, OR zip: 97239 Comp Plan ne D ignation:
Primary Contact: Kati Gault
Phone: 503 - 222 -4151 X 1145 Fax: 800- 648 -5028 /
1
Property Owner /Deed Holder(s) *: (Attach list if more than one) Rev. 7/1/11
D.R. Horton, Inc. - Portland is \curpin \ masters \land use applications \adjustment-Type 1 App.doc
Address: 4380 SW Macadam Ave, St 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. L Owner's Signature /Written Authorization
PROPOSAL SUMMARY [Title 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)
PDevelo ment Adjustment — Front Yard, Interior Setbacks and Lot Coverage
) A ustments: Er Filing 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
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: In order to preserve trees in the rear yard a 20% reduction to
the front yard setback is needed to move the house forward and avoid encountering the drip line of the trees.
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
II
fir' I , � l 1
,,,, .A _rte `4 .
Ap • lica t/A 7 o' ent Signature Owner's S ? a , re
V--'-i l ( t* . v - t 6 , ec -f- Wiy (� D.R. Ho •n, Inc. - Portland
() M. Scott , lark, 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
CITY OF TIGARD RECEIPT
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 186454 - 04/25/2012
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
VAR2012 -00003 Development Adjust 100 - 0000 -43116 $258.00
VAR2012 -00003 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 006952 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 2012- 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: 11101 III 111111111111101 I IIII
4. D.R. Horton, Inc.- Portland 01691188201200254280030033
I, Richard Hobernlcht, Director of A merit and w •.:ac.T
Taxation and Ex- Officio County Clerk for Washington
4380 SW Macadam, Suite 100 County, Oregon, do hereby certify that the within
Instrument of wilting was received a d re orded In the
Portland, OR 97239 book of records of said cou y
Attn: Melissa Trunnell Richard Hobernlcht, Director of Assessment end =r :
Taxation, Ex- Officio County Clerk
After recording, send to:
Anf
, ; � Q UAS H ING ON COUNTY
D.R. Horton, Inc.- Portland ,y..ti
40
REAL PROPERTY TRANSFER TAX
4380 SW Macadam, Suite 100 a ,
Portland, OR 97239 ti ' 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 1N 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
3 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.
DATED this day of.Apfil, 2012.
GRANTOR
COLUMBIA STATE BANK, a Washington banking
corporation
B P
Its: Ire fies, •A
STATE OF - OREOONi iJ'// /d` � )
��r� ) ss.
County of )
This instrument was acknowledged before ing o the f day of
/*?a/rh .W 1c2 by 17- ",
Notary Public o Public for
State of Washington My Commission Expires: 7-/--/j.../
LAURA E MARSHALL
My Appointment Expires Jul 1, 2012
EXHIBIT A
Legal 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.
APPLICANT'S STATEMENT
DEVELOPMENT ADJUSTMENT - FRONT YARD SETBACK
ALPINE VIEW LOT 28
TABLE OF CONTENTS
I. GENERAL INFORMATION 2
II. REQUEST 2
III. COMPLIANCE WITH ADJUSTMENT STANDARDS 3
VIII. PROPOSAL SUMMARY a CONCLUSION 3
ALPINE VIEW LOT 28 ADJUSTMENT PAGE 1
Applicant's Statement April 23, 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 E. Proposal Information:
Site: Tax Map 2S109AB Tax 14700
Size: 4,762 S.F.
Existing County Zoning: R -7 (Medium Density Residential)
Subdivision: "Alpine View"
Lot 28
Proposal: Development Adjustment to R -7 Front 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 28. The Applicant now
proposes to build a home on the site. In order to preserve trees on the site and
build a home on this Lot, a 25% variance to the front yard setback is needed.
ALPINE VIEW LOT 30 ADJUSTMENT PAGE 2
Applicant's Statement April 24, 2012
III. COMPLIANCE WITH ADJUSTMENT CRITERIA
CHAPTER 18.370.020 - 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: Per the site plan included in this application, the Applicant has
shown that they can preserve the required trees in the rear yard if a 25%
Development Adjustment to the front yard setback is granted. Additionally,
there is substantial grade across this lot and approval of this Adjustment will
help minimize disturbance to the existing grade. The Applicant has
demonstrated that the proposed adjustment is the least required while
maintaining the desired effect including tree preservation, reduced grading
impacts and keeping the size of the 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: Per the site plan included in this application, the Applicant has
shown that this adjustment will facilitate tree preservation in the rear yard
of Lot 28.
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 front yard setback best maintained the
desired effect of the community. Other alternatives either prevented tree
preservation 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
25% Development Adjustment to the front yard setback of Alpine View Lot 28.
ALPINE VIEW LOT 28 ADJUSTMENT PAGE 3
Applicant's Statement April 23, 2012
ALPINE VIEW
. LOT 28
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
1
1
LOT COVERAGE
LOT AREA = 4,762 SF
- .°=° BLDG FOOTPRINT = XXXX SF
so- �° - - -- ° 1 COVERAGE = XX%
I 1 EXISTING
_ ; SETBACK REQUIREMENTS
APPROXIMATE DRIP LINE UNIT FRONT (TO BLDG WALL /PORCH) 15'
OF TREES JO BE PRESERVED
SIDE YARD (ST.) 10'
I SIDE YARD 5'
U I o
Q ;�-�, 1_, ; GARAGE 20'
REAR 15
_..___ -" " 1 I
00g PROPOSED
o y 4 , , 'SETBACK REQUIREMENTS
N \ i FR ONT (TO BLDG WALL /PORCH)11.25'
o
� �$ ; SIDE YARD (ST.) 10'
SIDE YARD 5
Q ` 4,762 SQ.FT. --------- "" V GARAGE 20'
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% DR __Tj �y y� /� ADDRESS: 3369 SW OUZEL LN j� o i t o ijjj„�fj �j f,
U SCALE: 1' - 20 4386 SW. Macadam Avenue, Suite 102
DATE : 4 -9 -12 Portland Oregon
_ PHONE : 503.222.4151 FAX : 503.222.3717
' . ALPINE VIEW
LOT 28
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 COGE
LOT AREA VERA = 4,7 SF
BLDG FOOTPRINT = XXXX SF
'�► it COVERAGE = XX%
F 0 4* i 1 EXISTING
SETBACK REQUIREMENTS
APPROMOJE DRIP UNE UNIT FRONT (TO BLDG WALL /PORCH) 15'
OF 'FREES TO BE PRESERVED
SIDE YARD (ST.) 10'
a SIDE YARD 5'
■ I GARAGE 20'
�.
REAR 15'
0. 11 On PROPOSED
7.
-- 4,. . i SETBACK REQUIREMENTS
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4' FRONT (TO BLDG WALL /PORCH)11.25'
SIDE YARD (ST.) 10'
LOT 28 I ' i SIDE YARD 5'
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!� GARAGE 20'
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D.R. Horton Homes
C ADDRESS: 13369 SW OUZEL LN
IT PLAN : A 4386 SW. Macadam Avenue, Suite 102
1
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DATE : 4-9 -12 Portland Oregon
\ PHONE : 501222.4151 FAX : 503.222.3717 /