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VAR2014-00005 VAR2O14 - 00005 SEQUOIA HEIGHTS LOT 7 - SETBACK ADJUSTMENT NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT (VAR) 2014-00005 SEQUOIA HEIGHTS LOT 7 T I G A R D 120 DAYS = 08/12/2014 SECTION I. APPLICATION SUMMARY FILE NAME: SEQUOIA HEIGHTS LOT 7—SETBACK ADJUSTMENT CASE NO.: Development Adjustment (VAR) VAR2014-00005 PROPOSAL: The applicant requests approval for an adjustment to reduce the street side yard setback requirement from 10 to 8 feet on Lot 7 of the Sequoia Heights Subdivision (SUB2013-00002). APPLICANT Lennar Northwest, Inc. AND OWNER: 1807 NE 99th Street,Suite 1170 Vancouver,WA 98682 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: Sequoia Heights Subdivision, Lot 7; 15060 SW 133"' Avenue; WCTM 2S109DB,Tax Lot 00800. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.370.020.B 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 VAR2013-00005 Sequoia Heights Side Yard Adjustment Decision Page 1 of 5 SECTION III. BACKGROUND INFORMATION Site History 4nd information. The application is for lot 7 of Sequoia Heights (SUB2013-00002), an approved 14 lot subdivision located at 15060 SW 133`a Avenue,WCTM 2S109DB00800. As approved,Lot 7 would be located at the northwest corner of the subdivision, at the future intersection of 133`d Avenue and SW Hazelcrest Way. Proposal Description: The applicant requests an adjustment to reduce the street side yard setback by 2 feet, or 20% of the minimum required,in order to construct a new single family home SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) TABLE 18.510—DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD—R-4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 15 ft No change -Side facing street on corner&through lots 10 ft 8 Ft. -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.b provides that up to a 20% reduction of the dimensional standards for the side 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 20% reduction in the required street side yard setback of 10 feet, reducing the side yard setback to 8'. All other setbacks will be adhered to. The purpose of the adjustment is to accommodate a particular housing design, as demonstrated in the attached plot plan. The adjustment is being requested now, rather than with the original subdivision approval, because an additional two feet of right-of-way dedication was required along 133`d avenue as a condition of approval of the subdivision. This condition resulted in an unexpected narrowing of the lot from 66 feet to 64.37 feet in width. As demonstrated in VAR2013-00005 Sequoia Heights Side Yard Adjustment Decision Page 2 of 5 the site plan, the proposed structure will extend into the required setback by approximately 1/2 foot (5% of the required setback) rather than the full 2 feet (20%) requested, and appears to be the minimum amount necessary. This criterion is met. 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 and there are none that need protection. This criterion does not apply. c. The Adjustment will not impede adequate emergency access to the site; The Adjustment for a side yard setback will not impede emergency access on or across the property. This criterion is met. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. Adjustment of the interior side-yard setback with this housing design is not possible to the location of utility boxes that prevent movement of the associated driveway entrance. This criterion is met. 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 MAY 28, 2014 AND BECOMES EFFECTIVE ON MAY 29, 2014. Questions: If you have any questions, please call the staff person below or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard,Tigard,OR 97223. i✓/ May 28.2014 • d by: John Floyd Date Associate Planner 503-718-2429 johnfl@tigard-or.gov VAR2013-00005 Sequoia Heights Side Yard Adjustment Decision Page 3 of 5 PLOT PLAN LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON f re--N g c' DOC. NO. 2004-064783 •2.00' + N89'52'00"E 440.54' i \ i 64.37' 25' -- 8.00' PUE , FOOTPRINT POTENTIAL HOUSE 2.00' ROW f I7— DEDICATION 17, ,'- 1• 51.37' —1 5.00' R7 8.00' PROPOSED SIDE YARD STREET SIDE 1 $ SETBACK YARD SETBACK 6 10.00' R7 5,430 SF 5,100 SF � ZW STREET SIDE � ;=� S YARD SETBACK I Q 49.37' ; - __ L., 1+ 0 ��I CC ID ,� 11 s.±1 ( o ! �.� Co N ', C �. �� 0 _ 1 I- , i� rc1 50.47' f , 1 Q Z L=21.89' " uP a ��! g� S i ,o< ' SW HAZELCREST WAY 6 o N N _ ; 2 2 ? N89'52'001 355.43' - - _— a LL a A tit SCALE 1" = 20 FEET MI PREPARED FOR 20 0 8 12 18 20 DATE:02/25/14 LENNAR HONES SEQUOIA HEIGHTS 3346 022514 PLOT 11807 NE 99TH STREET, SUITE 1170 DRAWN BY:JOHICHECKED BY:MS IDWG:PLAN-WITH FOOTPRINT JJOB: 3346 VANCOUVER, WASHINGTON 98682 AKS ENGINEERING & FORESTRY, LLC ASC 13910 SW GALBREATH DR SUITE 100 SHERWOOD, OR 97140 www.aks-eng.com PHONE: 503.925.8799 FAX: 503.925.8969 VAR201 3-00005 Sequoia Heights Side Yard Adjustment Decision Page 4 of 5 ....., ..---- 7.-„.... ... . 2 I J ,...., Zoning Map -...-_-. = Generalized Zoning Categories 2 if. .. I Legend ,j_•-• M■-. • DIE1 Subjecl Site Z..-.. 2 ::. Zone Description .—. Residential .—■ ,--- MI Mixed Use Residential ititc, ilr I :-.7. IIMI Mixed Use Central B1ISIIIOSS District -1- LU F. 11.0 0 Commercial ,.:f. . . Z 111111 Mixed Use Employment ..._._ r: C•4• ''''... w en 1 > T- I=Parks and Recreation ,-1 4 IIM Washington Connty Zoning r-, 0 -;-- rr rn 1 el Overlay Zones 77:' •-• .---. j.X..Historic District Overlay ..-.. . R-7 . . Planned Development Overlay :'.... 1 r: r--.: - . I- •—■ Y M (-)2 Cr r) . • .:t_i i.Li -.. y... 01 -1„( $•.- tO - r.i. HAZELCREST WAY . f•____ 1 , gime or s woo me mall . ) . - II _......... ................... SUMMIT RIDGE ST 0 120 i .:- 0 iFeet 240 ri---7 riGARDmps ir ,--_•. ',..,■ '..., APPLICANT MATERIALS r t RECEIVED IICity of Tigard MAR 1 0 2014 s. CITY OF TIGARD.; Adjustment - Type I Application PLANNING/ENGGNEERING GENERAL INFORMATION Property Address/Location(s): 15060 SW 133rd Ave,Tigard OR 97223 Tax Map&Tax Lot#(s): Washington County 2S109DB Tax Lot 800 FOR STAFF USE ONLY Lot#7 Sequoia Heights Subdivision Case No: b(-)“)J Other Case No(s).: AP?2(�I�' x)Z-- Site Size: Lot#7=5,569 sq.ft. Fee: Applicant*: Lennar Northwest,Inc. IC/' i---� I pP Receipt No.: 1 Address: 1807 NE 99th Street,Suite 1170 Vancouver,WA 98682 Application Accepted By: 7l f City/State: Zip: 11D I 1.L1 Date: Primary Contact: Alex Hurley,AKS Engineering Date Determined To Be Complete: Phone: 503.925 8799 Fax: 503.925,8969 Property Owner/Deed Holder(s)*: (Attach list if more than one) Conip Plan/Zone Designation: Lennar Northwest M. Deo . 126s I R-�l Address: 11807 NE 99th Street Phone: Contact:Alex Hurley Vancouver,WA 98682 Rev.6/24/2013 CCity/State: Zip: I:\CGRPI V\\tasrcn\Land Use Applications\Adjustment Trpc Ldoc *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. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community [1 Application Form Development Code(please circle one only): 0 Owner's Signature/Written Authorization ® Title Transfer Instrument or Deed 'Development Adjustment—Front Yard,Interior Setbacks and Lot Coverage Site/Plot Plan(2 copies) >Special Adjustments: 1 Site/Plot Plan(reduced 81/2'x 11') • Adjustments to a Subdivision ® Applicant's Statement • Reduction of Minimum Residential Density (Addressing CI-aerial.rider Section 18.370.020) • Landscaping Adjustments—Existing/New Street Trees • Parking Adjustments—Reduction in Stacking Lane Length g Filing Fee ♦ Parking Adjustments—Reduction in Minimum Parking for Transit — Improvements/Existing Development ♦ Setback Adjustments—Setbacks to Reduce Tree Removal • Washington Square Regional 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 of 2 r Please state the reason for the Adjustment request: The property owner is requesting a 20%adjustment in order to reduce the street side yard setback from 10 feet to 8 feet as allowed by the Tigard Development Code section 18.370.020.B.1.b.The purpose of the requested adjustment is the least required to achieve the effect of placing a specific housing type on approved lot 47 of the Sequoia Hehts Subdivision. 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 2 day of F -1E,VA:P L: ,20 t� bq,Lt1S_ Z-(6.+0. k S�1b'1' Applicant/Authorized Agent Signature Owne ignature 1 1bt tZ Dt‘ttt.VCQMt,tI ._W II.tJc�\01.4*b'j,t*C.. L *\AAA_ %S C. Owner's Signature Owner's Signature City of T .rd I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503 718 2421 I www.tigard-or.gov I Page 2 of 2 Washington County,Oregon 201 2-103014 D-DW Stn=7 K GRUNEWALD 12/04/2012 02:02:04 PM $30.00$11.00$5.00$15.00$625.00 $686.00 I,Richard Hobernicht.Director of Assessment and Taxation and Ex- _ •s`f h k THIS SPACE RESE Officio County Clerk for Washington County,Oregon,do hereby ' certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobernicht, Director of � .. L4y Assessment and Taxation, Ex-Officio • After recording return to: Lennar Northwest Inc. 15060 SW 133rd Avenue Tigard, OR 97224 Until a change is requested all tax statements shall be sent to the following address: Lennar Northwest Inc. 15060 SW 133rd Avenue Tigard, OR 97224 n File No.: 7000-1959131 (GJM) Date: September 14, 2012 STATUTORY WARRANTY DEED ,000— Helen L. Rodemer, as to life estate interest and Lynn M. Boland, Kathleen Bockbrader, C Graham L.Armstrong, Marybeth Terrell, Alexandra Sloan,Theodore K.Armstrong, Felice A. ,T Van Domelen and William 1. Armstrong, each as to an undivided one-eight interest, as tenants in common, as to the remainder, Grantor, conveys and warrants to Lennar Northwest 0 Inc.,a Delaware corporation , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: The South 225 feet of the following described tract: Beginning at the quarter section corner on the North line of Section 9,Township 2 South, Range 1 West, of the Willamette Meridian,Washington County, Oregon, and running thence South Q° 35' East 1238.5 feet; thence South 61°27" East 530.3 feet to an iron pipe in the center of Bull Mountain Road at the Northwest corner of that certain tract conveyed to Clifford W.and Margaret Bemis by deed recorded on Page 45 of Book 274, Washington County, Oregon, Deed Records; thence along West line of the Bemis tract, South 0° 37' East 850 feet to the true place of beginning of the herein described tract, thence from said true point of beginning South 89° 52' East 442.6 feet to the East line of said Bemis Property; thence along the East line of the Bemis property South 0° 55' East 590 feet to an iron rod which is North 0° 37'West 196.84 feet from the Northeast corner of Lot 11, WOODSIDE; thence Westerly and parallel with the North line of Lot II,442.6 feet to an iron rod on the West line of Bemis property; thence North along the West line 590 feet to the place of beginning. APN: R485941 Statutory Warranty Deed File No.:7000-1959131(GJh4) -continued Also surveyed by John W. Compton,Jr. Registered Oregon Land Surveyor; Record of Survey 9-251-31, May 3, 1966. NOTE:This legal description was created prior to January 1, 2008. Subject to: 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$625,000.00. (Here comply with requirements of ORS 93.030) Page 2 of 7 APN:R485941 Statutory Warranty Deed File No 7000-1959131(GM) conbnued 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INS I RUMENT DOES NOT ALLOW USE OF 11-1E PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INS r RUMENT, 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855,_OIREEGvGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this'X Q._. day of , 20�. APN:R485941 Statutory Warranty Deed Fite No.:7000-1959131(G]M) •continued Helen L. Rodemer et al By: Helen L. Rodemer / /t ce"kir B'� Lynn M. Boland by her attorney in fact, Helen L. Rodemer kiA4L1---ii S414.0644 By: Kathleen Bockbrader by her attorney in, fact Helen L. Rodemer a. By: Felice A. Van Domelen by her attorney in, fact Helen L. Rodemer By: William J rmstrong by his att y in, fact elen L. Rodemer k• By: Theodore K. Armstrong by his V attorney in, fact Helen L. Rodemer By: Alexandra Sloan by her attorn n fact, Helen L. Rodemer APN:R485941 Statutory Warranty Deed File No.:7000-1959131(G)M) AtzA6-rvij ,," -continued �� z:--2R By: Graham L. Armstrong by his attorney in, fact Helen L. Rodemer .� Li¢/ By: Ma, both Terrell by her attorney i/ fact, Helen L. Rodemer STATE OF Virginia ) )ss. County of I ' ) This instrument was acknowledged before me on thi f47 day of" L '2' , 20 /2 by Helen L. Rodemer as attorney in fact for Lynn M. Boland and Kathleen Bockbrader, Graham L. Armstrong, Marybeth Terrell, Alexandra Sloan, Theodore K. Armstrong, Felice A. Van Domelen and William J. Armstong as Attorney in Fact of Helen L. Rodemer as attorney in fact for Lynn M. Boland and Kathleen Bockbrader, Graham L. Armstrong, Marybeth Terrell, Alexandra Sloan, Theodore K. Armstrong, Felice A. Van Domelen and William J. Armstong, on behtalf of the as attorney in fact. x ./'-21, 100/ _ \� \\\CPE IA. 0-"t.�� Notary Public for Virginia V',':Coc°'� yFr� My commission expires: 2_2 �(, AEGIs;R t 130024 = :MY COMM.Ems _ 02/29/2016 r t .' e N W. r £` i- .�, • . .. ------. ---- 94302 . :. ` Ij;NT I-1 `7 OREGON DEPARTMENT OF HUMAN RC-SOURCES A IV.+AONo. HEALTH DIVISION S �. CENTER FOR HEALTH STATISTICS" J ! i L—I Fm H~ CERTIFICATE OF DEATH 136 &nc R4 NYMY! l t DE 9EhT5 IYn 14/dh t.+• f ftr 1.o•re Or aE•1N lwon�p,r.+r S 'i « Melvin lero7 TKORSTOII lft August 31 1995 � i���.. •••�.• '-'a L�'yM Yrtafry St IrnOr i Yeer k IIrOM, , a��-KKwIM SIYre f YM•1 Mrt ilr F1arN 1W.r4 0•r.♦�+ C $LEiYaE1TEZVEa- * x ta.11a�[ •fN 1�N ... �' f: i aW VA.MM>rOaO[fl t• G ]Gtr• LLw �C1xw� Oewowwwm OQo. xI"U-.- o....•.w..e f iraw ry.wp E ti Ift FA0UIr NAM t R w•«a«r�Mr esrueeFn••r.h tc Gtr.tprw,on todtlex t N NIr Or •ru U` a 15060 S.W. 133 d Avenue • W�l , y �rflhl.r•� � m tntlo a EYSrhESSAMgjfrm � a��M.M;.nes.n.51'OYSE M NNsa.a�ao� 2.Z~'7J � � a .sewN•eJ ewrp•rna:YY r>w n,a.e. . 1`+d Sales Marta erGeA 1 MotOrb-. orn - w • i M arr,tO IEa%OCAUx •erp xYr ' UiJ9 r wz S v MVtIETC rN.7N ll N d Oaail r.M Q AYrnr lean• lf. 5 EOOC♦rl[el WerNrr r rM-x 141M. NMIr Ne. w. Q•. - .. 1!'i+eerJ fSFes A�.n .w:-•..nrrr Ngy>ti �e �Mv Nrrne, r.My Sb:l ' r=.a ]OG•n Ow 97224 .. 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O. r M OYN aIb C lhnittt• L���• I•.PNCE Ot It•V)r{r.M.YwJrrxlwMl.irfrar. t•I.LO K:•e<i MF Yyyn a as.N male lbnf•..Cry m ry.w.so a w., nM,•nf MMq tlt-rs•,aa« I YEYla1FA Y r OMGINAi•VItAi STATiSMCS COPY aw as.w THIS IS A TRUE AND EXACT REPRODUCTION OF THE OOCUMENT OFFICIALLY REGISTERED AT THE OFFICE OF THE WASMNQTO14 COUNTY REGISTRAR. FSEP 19 ms EFATEFS$UEO ve '{• �` _ .. TYPE I STREET SIDE YARD SETBACK ADJUSTMENT APPLICATION FOR LOT #7 OF THE SEQUOIA HEIGHTS SUBDIVISION PROPOSAL: Development Adjustment Application to reduce the street side yard setback of lot#7 of the Sequoia Heights Subdivision from 10 feet to 8 feet (20%) as allowed by Section 18.370.020.B.1.b. of the Tigard Development Code. SUBMITTED TO: City of Tigard Community Development Department Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 APPLICANT/OWNER: Lennar Northwest, Inc. 11807 NE 99th Street, Suite 1170 Vancouver, WA 98682 PROJECT PLANNER, SURVEYOR & ENGINEER: AKS Engineering & Forestry, LLC—Contact: Alex Hurley 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 Phone: 503.925.8799 Fax: 503.925.8969 SITE ADDRESS: 15060 SW 133rd Avenue SITE SIZE: Lot #7: 5,569 sq. ft. ASSESSOR'S INFORMATION: Washington County 251 9DB Tax Lot 800 CITY ZONING DISTRICT: R-7 Medium Density Residential District LAND USE APPLICATION MARCH 2014 SEQUOIA HEIGHTS LOT#7 STREET SIDE YARD SETBACK ADJUSTMENT—TIGARD,OREGON PAGE 1 OF 4 . • I I. EXECUTIVE SUMMARY The property owner is requesting a 20%adjustment in order to reduce the required 10-foot street side yard setback of lot#7 of the Sequoia Heights Subdivision to 8 feet, as allowed by the Tigard Development Code section 18.370.020.B.1.b.The requested adjustment is the least required to achieve the effect of placing a specific housing type on the lot. This written narrative,together with the associated plan, establishes that the application is in compliance with all applicable approval criteria. This document represents substantial evidence and provides the basis for City staff's approval of the application. II. BACKGROUND INFORMATION Site History: The property was recently annexed to the City through the City Council's approval of ZCA2013-00001. The applicant received land approval to subdivide the subject site into 14 single family dwelling units (SUB2013-00002). Site Information: Lot#7 of the recently approved Sequoia Heights Subdivision is approximately 5,569 sq.ft.The lot meets all dimensional requirements of the R-7 zoning district. Vicinity Information: The Sequoia Heights Subdivision is located between SW 132"d Terrace and SW 133`d Avenue directly across from SW Hazelcrest Way that"T's" into the site. The site is zoned R-7 and is surrounded by R-7 zoned land (generally located to the east and south) in the City and R-6 designated land within unincorporated Washington County(generally located to the north and west). The site is located just southwest of Alberta Rider Elementary School. The neighborhood is a mix of newer and older single- family residential dwellings. All necessary urban services and utilities are available to serve the project. III. APPLICABLE REVIEW CRITERIA AND FINDINGS City of Tigard Municipal Code —Title 18: Community Development Code 18.390 Decision-Making Procedures 18.390.020 Description of Decision-Making Procedures A. General.All development permit applications shall be decided by using one of the following procedure types. The procedure type assigned to each action governs the decision-making process for that permit, except to the extent otherwise required by applicable state or federal law. The Director shall be responsible for assigning specific procedure types to individual permit or action requests, as requested.Special alternative decision- making procedures have been developed by the City in accordance with existing state law, and are codified in Section 18.390.070. LAND USE APPLICATION MARCH 2014 SEQUOIA HEIGHTS LOT#7 STREET SIDE YARD SETBACK ADJUSTMENT—TIGARD,OREGON PAGE 2 OF 4 8. Types defined. There are four types of decision-making procedures, as follows: 1. Type 1 Procedure. Type i procedures apply to ministerial permits and actions containing clear and objective approval criteria. Type I actions are decided by the director without public notice and without a public hearing. Response: This application is for a development adjustment to the street side yard setback on lot#7 of the Sequoia Heights Subdivision.Therefore it is a quasi-judicial decision and will be processed as a Type I procedure. 18.390.030 Type!Procedure A. Preapplication conference.A preapplication conference is not required for a Type I action. Response: No pre-application conference is required. B.Application requirements. 1. Application forms. Type I applications shall be made on forms provided by the director as provided by Section 18.390.080.E.1. Response: All application forms are provided with this packet. 2. Application requirements. Type I applications shall: a. Include the information requested on the application form; Response: All information requested on the application form is provided. b.Address the relevant criteria in sufficient detail for review and action;and Response: The application includes preliminary plans and the following narrative, which addresses the relevant criteria with sufficient detail for review and action by the City. c. Be accompanied by the required fee. Response: The application materials include the required fee for a Type I Development Adjustment. Chapter 18.370 Adjustments 18.370.020.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 paragraph 2 of this subsection B: 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. Response: As mentioned above,this application is to reduce the street side yard setback of Lot#7 of the Sequoia Heights Subdivision 20%from 10 feet to 8 feet as allowed by 18.370.020.B.1.b Interior setbacks.Approval criteria are addressed below. LAND USE APPLICATION MARCH 201 4 SEQUOIA HEIGHTS LOT#7 STREET SIDE YARD SETBACK ADJUSTMENT-TIGARD,OREGON PAGE 3 OF 4 • 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 applicant is requesting to reduce the street side yard setback from the required 10 feet of the base zone to 8 feet(20%), a 2-foot reduction in order to fit a particular housing design on the lot. This is the least required to achieve the desired effect. Therefore,this standard has been satisfied. b. The adjustment will result in the preservation of trees,if trees are present in the development area; Response: There are no trees associated with lot#7 in the Sequoia Heights Subdivision.Therefore,this standard does not apply. c. The adjustment will not impede adequate emergency access to the site; Response: The requested adjustment is to a street side yard setback for the construction of a single- family dwelling. Emergency access to the site will not be impeded. This criterion has been met. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Response: The requested adjustment is the least needed to achieve the desired effect of building a quality home that will maximize livability for the future resident of lot#7.There are no reasonable alternatives.This criterion has been met. IV. CONCLUSION The listed findings demonstrate that the proposal complies with the applicable provisions of the City of Tigard Community Development Code section 18.370.020.8 Development Adjustments.Therefore, the applicant respectfully requests approval of this application. LAND USE APPLICATION MARCH 2014 SEQUOIA HEIGHTS LOT#7 STREET SIDE YARD SETBACK ADJUSTMENT-TIGARD,OREGON PAGE 4 OF 4 PLOT PLAN LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON O Y LL u_ U Q g DOC. NO. 2004-064783 2.00' r { N89'52'0O"E 440.54' 1 i .1 � 64.37' 25' k-8.00' PUE 1 2.00' ROW-- IF DEDICATION 1 1- 51.37' 1-8.00' PROPOSED , R7- --1 — STREET SIDE SIDE YARD 6 ° YARD SETBACK 7 SETBACK ° 5,100 SF k' -10.00' R7 co IW STREET SIDE 5,430 SF D YARD SETBACK ..:7- W 49.37' a Q VCE, `` N45'19 59'W W 16.10' \l� 42.57'g I o II . J `r' ' 16.10' co co r 5 Cl `~ 50.47' �' a - ° Ne Z L=21.89 o SW HAZELCREST WAY ° o v, N N89'52'00"E 355.43' SCALE 1" = 20 FEET ill MI PREPARED FOR 20 0 8 12 18 20 DATE: 02/25/14 LENNAR HOMES SEQUOIA HEIGHTS 3346 022514 PLOT _ 11807 NE 99TH STREET, SUITE 1170 DRAWN BY:JOH CHECKED BY: MS IDwc:PLAN 148: 3346 VANCOUVER, WASHINGTON 98682 AKS ENGINEERING do FORESTRY, LLC ALS( 13910 SW GALBREATH DR SUITE 100 SHERWOOD, OR 97140 www.aks—eng.com PHONE: 503.925.8799 FAX: 503.925.8969 PLOT PLAN LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON Z O Y c, U Q m n N g c, DOC. NO. 2004-064783 i-2.00' xi r N89'52'00„E 440.54' j \ 1 64.37' --••-:- ----8.00' PUE 25' ■ POTENTIAL HOUSE — • FOOTPRINT 2.00' ROW— --- IT DEDICATION I I ' 51.37' 5.00' R7 Li--8.00' PROPOSED SIDE YARD o _,j STREET SIDE g SETBACK YARD SETBACK co — n 7 6 W 10.00' R7 5,430 SF M STREET SIDE N., 5,100 SF Z YARD SETBACK o Q49.37' —— 0 — W a 2 o u . a Cl) o ki,, .F .2 �-, 50.47' -l�_ f -Cl-c1 O > y 3 a z L=21.89' v oI oa ri� )_ m o a o Q �'� SW HAZELCREST WAY N ' 0 do N � 3 o TZ_ % N89'52'00"E 355.43' - - -3 Ft 81 o W m o >. SCALE 1" = 20 FEET LL c. cn -,m 1. PREPARED FOR 20 0 8 12 16 20 DATE: 02/25/14 LENNAR HOMES SEQUOIA HEIGHTS 3346 022514 PLOT 11807 NE 99TH STREET, SUITE 1170 DRAWN BY:JOH CHECKED BY: MS DWG:PLAN-WITH FOOTPRINT IJOB: 3346 VANCOUVER, WASHINGTON 98682 AKS ENGINEERING & FORESTRY, LLC AS( 13910 SW GALBREATH DR SUITE 100 SHERWOOD, OR 97140 www.aks-eng.com PHONE: 503.925.8799 FAX: 503.925.8969 John Floyd From: Matt Scheidegger<ScheideggerM©aks-eng.com> Sent: Monday, April 14, 2014 3:57 PM To: John Floyd Subject: Side Yard Setback Adj. for Lot#7 Attachments: 20140414 3346 PLOT PLAN WITH HOUSE FOOTPRINT.PDF Mr. Floyd, I've attached a site plan to show how the specific house design for lot#7 will look for the requested side yard setback adjustment. Please let me know if you need anything else. Thanks, Matt Scheidegger, Planner .1.10 AKS ENGINEERING& FORESTRY 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 503.925.8799 www.aks-eng.com/scheideggerm@aks-eng.com Offices in: Sherwood,OR I Salem,OR I Vancouver,WA 1 v TIGARD City of Tigard April 10, 2014 Matt Scheidegger AKS Engineering&Forestry 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 RE: VAR2014-00005 Side Yard Setback–Lot 7 of Sequoia Heights Dear Mr. Scheidegger: The City has found your application submitted on March 10, 2014 to be incomplete pending the submittal of the following materials: 1. A site plan containing the building footprint referenced page 4 of 4 of your application narrative,in findings pertaining to approval criteria 18.370.020.B.2a. If you have any questions regarding this requirement, please do not hesitate to call me. Sincerely, /-0 ... 1---------e--'e----------------— - ----- John Floyd Associate Planner cc: VAR2014-00005 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov