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ADJ2016-00106
NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2016-00106 p OLSON WOODS 120 DAYS = September 9,2016 SECTION I. APPLICATION SUMMARY FILE NAME: Olson Woods CASE NO.: Development Adjustment(ADJ) ADJ2016-00106 PROPOSAL: The applicant requests one development adjustment to reduce the street side yard setback from 15 feet to 12 feet (20%). The subject property is Lot 13 of the approved Olson Woods Subdivision (SUB2014-00008). APPLICANT: Windwood Construction,Inc. OWNER: Same as applicant Attn: Dale Richards 12655 SW North Dakota Street Tigard,OR 97223 LOCATION: 12882 SW Parkdale Lane;WCTM 2S104AD,Tax Lot 7700 ZONING DESIGNATION: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.370.020.13 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 N. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ADJ2016-00106 Olson Woods 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is Lot 13 of the Olson Woods Subdivision (SUB2014-00008), which was approved by the City of Tigard Planning Division in March 2015. This approval was for a 13-lot subdivision, located south of SVS'Walnut Street and east of SW Sevilla Avenue, with public streets that will connect SW Walnut Street to SW Tranquil Lane. The site is zoned R-4.5 (Low-Density Residential), as are surrounding properties. Proposal Description: The applicant requests one development adjustment to reduce the street side yard setback from 15 feet to 12 feet (20%). The subject property is Lot 13 of the approved Olson Woods Subdivision (SUB2014- 00008). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.370 Variance and 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. The request is to reduce the street side yard setback from 15 feet to 12 feet (200/o),which meets the description of 18.370.020.B.1.b. This request is a development adjustment and is being processed through a Type 1 procedure. 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; The applicant requests approval to reduce the street side yard setback from 15 feet to 12 feet (200/6), in order to accommodate a new detached, single-family home of a particular design. Staff has evaluated the applicant's submitted site plan and narrative to determine that this adjustment is the least required to achieve the desired effect. This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; The approved Tree Canopy Plan (revised by the project arborist on July 27, 2015) identifies three trees to be preserved in the rear yard. The applicant's submitted site plan shows adequate protection fencing for the subject trees. This criterion is met. c. The adjustment will not impede adequate emergency access to the site; AD12016-00106 Olson Woods 2 Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not impede adequate emergency access to the site. In addition, the subject property is a corner lot that will have approximately 94 feet of direct frontage along SW Parkdale Avenue. This criterion is met. d.There is not a reasonable alternative to the adjustment which achieves the desired effect. The applicant requests this development adjustment in order to accommodate a new detached, single-family home of a particular design. As demonstrated above, the applicant's proposal complies with the 20% reduction for street side yard setbacks. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect. This criterion is met. CONCLUSION: This proposal is for a Development Adjustment, and is in compliance with the applicable standards of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Development Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MAY 16, 2016 =: AND BECOMES EFFECTIVE ON MAY 17, 2016 Ouestions: If you have any questions,please contact Lina Smith at (503) 718-2438 or UnaCS c1.tigard-ongov. --ti- _S; May 16,2016 APPROVED BY: Lina Smith Assistant Planner aDJ2016-00106 Olson Woods 3 APPLICANT MATERIALS /3 City of Tigard RECEIVED im COMMUNITY DEVELOPMENT DEPARTMENT MAY 0 5 2016 Adjustment — Type I Application CITY OF TIGARD PLANNING/ENGINEERING PROPOSAL SUMMARY(brief description): FOR STAFF USE ONLY Case N'(s): Related Case No.(s): The owners of record of the subject property request an Adjustment Application Fee: 43V to the Community Development Code (please check one only): Application Accepted: Development Adjustment-Front Yard Setback,Interior By: �_ Date: Setbacks and Lot Coverage Date Determined Complete: Special Adjustments: By:_LS Date: ❑ Adjustments to Subdivision standards ❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density requirements I:\CURPLN\Masters\Land Use Applications\Adjustment—Type I ❑ Adjustments to Access and Egress Standards Rev.02/09/2015 ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities ❑ Adjustments to Street Improvement Requirements ❑ Adjustments to Downtown Connectivity Standards Property Address/Location(s): REQUIRED SUBMITTAL /a .R f�? S' 4-) PAek41 ALL ,t-,-=?41,9 ELEMENTS Tax Map and Tax Lot#(s): 7-2 S A i Lu 5 FC ea�-/iA JD 9/4Z- Celt"-?CO 0-0—wner's Signature/Written Site Size: q5-'00 Authorization Title Transfer Instrument or Deed Applicant: �Q/-40 4J00,Q Site/Plot Plan(2 copies) Address: /,;I-G �S' T e 7/Y L)A/r074 . /T Site/Plot Plan (reduced 81/2'x 11") City/state: r 6°4o04A Zip: ° =3 .Applicant's Statement / i.l I (Addressing Criteria under Section 18,�I ?I)) Primary Contact: Oct1)1e�1 d" , Filing Fee Phone: 7b a f/ 7f Email: k�M w c�d�117n+*,�vw `' ;•�' r';�'ry Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: '5a Al e Address: City/state: Zip: *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. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 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. THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject proper • 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 required. Applicant/Authorized Agent signature Print name Date Owner's signature Print name Date ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2 Washington County,Oregon 2015-065504 tD S 07!3112015 02:51:58 PM fi=g C WHITE -- S15.00SiL00$5.00$20.00S1,500.00 $1,571.00 S?QWR0rdrwbernia1 Dir—ofA%—meetandrn,aronande, RECORDING REQUESTED BY: mncio moony aero rot tent of eounfy s race m and umy mat m•«rtn�n menum•m or writing was rec•rvw ar d ecorded in me boo•of r•corn or••m count. Richard Hotien ichl,Director of Assessment and Taxation,Ex-Ottico GRANTOR: Dennis D.Olson and Bonnie Louise Olson as tenants by the Entirety and Viindwood Construction,Inc 12.540 SW Walnut Street Tigard,OR 97223 GRANTEE: Windwood Construction,Inc. 12655 North Dakota Street Tigard,OR 97223 SEND TAX STATEMENTS TO: Windwood Construction,Inc. 12655 North Dakota Street Portland,OR 97223 AFTER RECORDING RETURN TO: Windwood Construction,Inc. 12655 North Dakota Street Portland,OR 97223 Escrow No: 3626068527NT1-TTPOR45 2S104AD 12540 SW Walnut Street Tigard,OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE �O STATUTORY WARRANTY DEED yDennis D.Olson and Bonnie Louise Olson as tenants by the Ent rety and Windwood Construction,Inc., Grantor,conveys and warrants to Windwood Construction,Inc.,Grantee,the following described real property,free and clear of W encumbrances except as Specifically set forth below,situated in the County of Washington,State of Oregon: 5 PARCEL 1: Beginning at the one quarter corner on the East line of Section 4,Township 2 South, 1= Range 1 West of the Willamette Meridian,in the City of Tigard,County of Washington and State 0 of Oregon;and running thence South 89°18'West on the South line of the Northeast one quarter M of said Section 4,a distance of 299.2 feet to an iron pipe;thence North 1 a42'West parallel with v the East line of said Section 4,a distance of 655,4 feet to a point in the center line of County Road d No.954,from which point air iron bears South 1 e42'East 20.0 feet;thence North 89°22'East oG 299.2 feet to an iron pipe in place on the East line of said Section 4;thence South 1 a42'East 655.1 feet to the place of beginning. EXCEPTING THEREFROM that portion thereof included within the following described land: Beginning al a point on the North line of that tract conveyed to Sever O.Severson and wife,by Deed Bock 195,Page 153,South 89°22'West 204.2 feet from the Northeast comer thereof; thence South 89'22'West on the North line of safe Severson Tract 95.0 feet to the Northwest corner thereof;thence South 1"42'East on the West line of said Severson Tract 170 feet;thence North 89°22'East parallel with the North line of said Severson Trac:95 feet;thence North 1'42' West 170 feet to the place of beginning. ALSO EXCEPTING THEREFROM that portion thereof included with the following described land: Beginning at a point on the North line of that tract conveyed to Sever O.Severson and wAe,by 352606B527NT1-T7PO R45 Deed(Wafranty-Statutory) Deed in Book 195,Page 153,South 89°22'West,114.2 feet from the Northeast,corner thereof; thence South 89'22'West on the North lire of said Severson Tract 90 feet to the Northeast corner of that certain tract deeded by Sever O Severson ane wife to Everett 0.Seve•son and wife and recorded in Washington County Deed Recores in Book 400,Page 649;thence South 1°42'East 170 feet;thence North 89°22'East 90 feet,thence North 1"42'NJesl 170 feet to the place of beginning. ALSO EXCEPTING THEREFROM,that portion thereof included within the following described land: The North 24C feet of the East 84.2 feet of the following described oroperty: Beginning at the one-quarter comer on the East line of Section 4,Township 2 South,Range 1 West,of the Willamette Meridian and running thence South 89°18'West in the South line of the Northeast one quarter of said Section 4,a distance of 299.2 feet to an iron pipe;thence North 1'42 West parallel with the East line of said Section 4,a distance of 655.4 feet to a point in the center line of County Road No.934,from which paint an iron bears South 1"42'East 20.0 feet; thence North 89"22'East 299.2 feet to an iron pipe in place on the East line of said Section 4; thence South 1°42'East 655.1 feet to the place of beginning. ALSO EXCEPTING THEREFROM that portion thereof included within the following described land: Beginning at the quarter corner on the East line cf Section 4,Township 2 South,Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon;thence South 89°18' West on the South line of the Northeast comer of said Section 4,299.2 feet to an iron pipe: thence North 1°42'West parallel with the East fine of said Section 4,209.2 feet to the true point of beginning;thence North 89°18'East 185 feet to a point;thence North 1°42'West 100 feet to a point;thence South 89°18'West 185 feet to a point;thence South 1°42 East 100 feet to the true point of beginning PARCEL 2. A portion of that tract conveyed to Sever O.Severson et ux by Warranty Deed recorded January 3.1941 in Book 195,Page 153,Deed Records of Washington County,Oregon, being more particularly described as follows: Beginning at the quarter corner on the East line of Section 4,Township 2 South,Range 1 West of the Willamette Meridian in the County of Washington and State of Oregon;thence South 89°18' West on the South line of the Northeast comer of said Section 4,299.2 feet to an iron pipe; thence North 1`42'West parallel with the East line of said Section 4,209.2 feet to the true paint of beginning;thence North 89°18'East 185 feet to a point;thence North 01'42'Wes'100 feet to a point;thence South 89°18'West 185 feet to a point;;hence South 01'42"Past 100'eet to the true point of oeginning. PARCEL 3. The North 240 feet of the West 20 feet of the East 64.2 feet of the following described property: Beginning at the one-quarter comer on the East line of Section 4,Township 2 South.Range 1 West,of the Willamette Meridian and running thence South 89°18'West in the South fine of the Northeast one quarter of said Section 4,a distance of 299.2 feet to an iron pipe;thence North 1'42 West parallel with the East line of said Section 4,a distance of 655.4 feet to a point In the center line of County Road No.934,from which point an iron bears South 1°42'East 20.0 feet; thence North 89`22'East 299.2 feet to an iron pipe in place on the East line of said Section 4; thence South 1°42'East 655.1 feet to the place of beginning. THE TRUE AND ACTUA'_CONSIDERATION FOR THIS CONVEYANCE IS$1,500,000.00. (See ORS 93.030) Subject to and excepting: Covenants,Conditiors,Restrictions,Reservations,set back lines,Power of Special Districts,and easements of Record,4 any. 2015/2016 taxes,a lien,but not yet payable. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,1F ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON 3626068527NT t-TTP O R45 Deed(Warranty-Statutory) -- 15fv�4�S YdYS ..,,•,. ...-.—....-.�.__. .+L.�.76d.4k. a��'i' ,fif9nra; �.yotF.:. LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7, - CHAPTER 8,OREGON LAWS 2010. DATED: rn D.OIs n Bonnie Louise Olson Windwood Construction,Inc. �Wt'LSale R:cha�rds as President State of OREGON COUNTY of 2, This instrument was acknowledged before me on 7 .20 by_Dennis D.Olson and Bonnie Louise Olson and M.Date RT.hards as President of Windwocd Construction,Inc. Notary Public- ate o Oregon My commission expi*es: lam' OFRCIAL SEAL itNICOLA T TIMM NOTARY PU©UG OREGON COM.NIISSION NO 472754 MY COMMISSION OPIRES JANUARY 21,2917 3626D68527Nr1-TTPOR&$ Deed{Warren ry-Statutoryl N 2°01'37" E 55.37' I I � I I I I I I I II j 1 I I ` I:....... f � I � I U i I 1 LL Cc m1.0 ` ! _ ml°' 11 Q — fl u. / Q /r _0 213 A 1 aj cv i 0- ° c I I� f ♦` �. S pgRkOgC q V�NUF .... 15 APR 2016 MRR S C A L E 1 2 0 ' 0 " ALAN MASCORD DESIGN ASSOCIATES,INC IS NOT CITY OF TIGARD PROJECT 11hRM FOR THE ACCURACY RE THE TOPOGRAPHY OLSON WOODS INFORMATION-17 IS THE SOLE RESPONSIBILITY OF THE BtALOER TO VERIFY ALL SITE CONDITIONS,INCLUDING LOT 13 ANY FILL PLACED ON THE SITE AND NOTIFY THE OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS. �W►soono �seoaA� M BY: WINDWOOD HOMES, INC uo. o�.,. „:,,o , ( 000a so. f r) LLcn 1 W I C O ]I r, in II � lDi i3 5136°ab'�5"E 6.08' 191.o8' — — 1 / 9,647 SF I� 8,271 SF F / WATER QUALITY/ n I Lar ja I MT ii I DETENTION n "SLUE HERRN PARK 8,351 SF I� 7,514 SF /ry ` /' I� 4 /� i C)rn 7,601 SF . 13 F- _. Il I I 9,500 SF 1 100.65' I 1 — 149,83' bl I---- o I b'. 5N I 12 $1 n I n - in I N —. �506 SF I 'a :( I -- I 7,801 SF inl 5� I — — 150_04' — — llE, c Ln 100.39' I ; o f Q v a 11 o ::ii CVI 7,802 SF IN- _ In 150_04' — — I 7,395 SF I ofC�j 10 bf ——— 7,802 5F 83.2 — 4 Zo ........... ...... — — 150.04' ---.... 9 = �I 7,802 SF A.. ........ .... — — 150.04 ---------- I — — — — 8,185 SF I� . C6I c C6I 8 7,931 SF a _ 100.02 L •J _ _ 150.05' N88°45'44"W —299.07' 5/2/16 WINDWOOD CONSTRUCTION INC. 12655 SW NORTH DAKOTA STREET TIGARD OREGON 97223 CCB 50196 LOT13 OLSON WOODS 12882 SW PARKDALE LANE SETBACK ADJUSTMENT LOT 13 OLSON WOODS IS A HOME FOR THE SUB-DIVISION WINDWOOD IS REQUESTION A SET BACK ADJUSTMENT TO ONE SIDE YARDS. WE ARE REQUESTING SIDEYARD ADJUSTMENTS RELATED TO 18.370.020. WE ARE REQUESTING A SETBACK ON THE NORTH/TRACT C SIDE . THE NORTH SETBACK WILL BE REDUCED 20% FROM 15 FEET TO 12 FEET.THIS ADJUSTMENT WILL MAKE OUR HOME FIT ON THE LOT AND WILL HELP ACHIEVE A BETTER SITE LAYOUT. THESE ADJUSTMENTS WILL NOT IMPEED ANY EMERGENCY ACCESS TO THE SITE IN ANY WAY. BASED ON THE PLAN AND THE LOT, THERE IS NOT ANY OTHER ALTERNATIVE THAT IS EFFECTIVE TO ACHIEVE THE DESIRED EFFECT. THANKYOU FOR YOUR CONSIDERATION . REGARDS M.DALE RICHARDS, PRESIDENT WINMV OD CONSTRUCTION INC.