ADJ2016-00115 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2016-00115
LHL HOMES, INC.
120 DAYS = March 1,2017
SECTION I. APPLICATION SUMMARY
FILE NAME: LHL Homes, Inc.
CASE NO.: Development Adjustment(ADJ) ADJ2016-00115
PROPOSAL: The applicant requests one development adjustment to reduce the front yard
setback requirement from 20 feet to 15 feet(25%).The subject property is Parcel 1
of the approved Bean Partition (NELP2008-00004).
APPLICANT: LHL Homes,Inc. OWNER: Same as applicant
Attn: Dick Hartung
11580 SW 67th Avenue
Tigard, OR 97223
LOCATION: 11410 SW Fonner Street;WCTM 2S103AC,Tax Lot 9500
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 IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ADJ2016-00115 LHL Homes,Inc. 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located on the south side of SW Fonner Street, east of SW 115`h Avenue, and west of
113`h Place. The subject property is Parcel 1 of the Bean Partition, a three-lot partition that was
approved by the City of Tigard Planning Division in June 2008. The property is currently vacant, and is
zoned R-4.5 (Low-Density Residential),as are surrounding properties.
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 front yard setback from 20 feet to 15 feet (25%), which meets the
description of 18.370.020.B.1.a. This request is a development adjustment and is being processed
through a Type I 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 front yard setback from 20 feet to 15 feet (25%), 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;
There are no trees present in the relevant development area. This criterion does not apply.
c. The adjustment will not impede adequate emergency access to the site;
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 has approximately
111 feet of direct frontage along SW Fonner Street.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 25% reduction for front yard setbacks. There is not a reasonable alternative to the
proposed adjustment which achieves the desired effect.This criterion is met.
ADJ2016-00115 T.M.Homes,Inc. 2
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 NOVEMBER 3, 2016
AND BECOMES EFFECTIVE ON NOVEMBER 4, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSatigard-or.gov.
--_—�- November 3.2016
APPROVED BY: Lina Smith
Assistant Planner
ADJ2016-00115 LHL Homes,Inc. 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard NOV 01 2016
COMMUNITY DEVELOPMENT DEPARTMENT
0-TIGARD
Adjustment — Type I Application PLANNING/ENGINES ING
PROPOSAL SUMMARY (brief description): rklvmm
Case No.(s): _
&C&LA,c d� Related Case No.(s):
The owners of record of the subject property request an Adjustment Application Fee: CSO
to the Community Development Code (please check one only):
Application Ac epted:
[Development Adjustment-Front Yard Setback, Interior By: Date:
Setbacks and Lot Coverage
Date Determined Complete:
Special Adjustments: By: Date:
❑ Adjustments to Subdivision standards
F-1Reductionof Minimum Residential Density Comp.Plan/Zone Designation:
❑ Washington Square Regional Center Dimensional and Density - .
requirements 1:\CURPLN\Masters\Land Use Appli"tionsWdjustment—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
Sf. . ( �����el O a ELEMENTS
Tax Map and Tax Lot#(s): .Z S t 0 3 P-c h I?c;iL r) B' OWler's Signature/Written
Site Size: uthorization
/Title Transfer Instrument or Deed
Applicant:--L}4. L `"� A'S.J4.S.C el ' rT�A3Ct•1tJ� Site/Plot Plan(2 copies)
Address: I tSgo s.. 7 Cti 0,-,e Z Site/Plot Plan(reduced 8'/2'x 11")
7-x-3
City/state: Via • C)0, Zip: Pf Applicant's Statement
(Addressing Criteria under Section 18370.020)
1)
Primary Contact: Lek H-86-1-1 0 b- Filing Fee _ 3S7."-F
Phone:<55-3 y r -1 O Email: rl bA*biwa P (61 h ULAd.e-0 ,,
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name: �i,7 G
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.
Cityof 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 age
• 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.
SIG TURES of owner of the subject property required.
AG C:
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Applicant/Authorized Agent signature Print name Date
l.G L
Owner's signature Print name Date
'0 J.%—,
ADJUSTMENT—TYPE I APPLICATION
Cityof Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2
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Washington County,Oregon 2015-059431
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NOVO 1 2016 Stn=7 Y LOPEZ 07/1712015 02:34:37 PM
5M00$11.00$5.00 5510.00$20.00 $556.00
I.Richard Hobernicht.Director of Assessment and Taxation and Ex
CITY OF TIGARD Officio County Clerk for Washington County,Oregon,do hereby
cer ity that the within instrument of writing was received and
PLANNING/ENGINEERING recorded in the book of records of said county
�* 6�I,♦ THIS SPACE RE Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
After recording return to:
LHL Homes, Inc
11580 SW 67th Avenue
Portland, OR 97223
Until a change is requested all tax
statements shall be sent to the
following address:
LHL Homes, Inc
—]{ 11580 SW 67th Avenue
t Portland, OR 97223
File No.: 7000-2315017 (clb)
Date: September 08, 2014
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STATUTORY WARRANTY DEED
QFonner LLC,an Oregon limited liability company, Grantor, conveys and warrants to LHL Homes,
C) Inc, Grantee,the following described real property free of liens and encumbrances, except as
M specifically set forth herein:
LU2
Q LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
t- follows:
CD
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PARCEL 1, PARCEL 2, AND PARCEL 3 OF PARTITION PLAT#2014-023 IN THE CITY OF
TIGARD,COUNTY OF WASHINGTON, OREGON.
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.
2. The 2015-2016 Taxes, a lien not yet payable.
The true consideration for this conveyance is$510,000.00. (Here comply With requirements of ORS 03.030)
Page 1 of 2
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APN:R470564 Statutory Warranty Deed File No.;7000-2315017(clb)
-continued
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
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
.3TO 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 this i J day of 20t
Fonner LLC„ an Oregon limited liability
company
By: Tracy Bea . General Manager
STATE OF Oregon )
)ss.
County of Multnomah )
This instrument was acknowledged before me pn this 1 ty of- 20
by Tracy Bean as General Manager of Fonner 1.LC o behalf of the limited liabili ompany.
OFFICIAL STAMP Notary Public for Oregon
WHITNEY TODD WIJNHAUSEN
NOTARY PUBLIC-OREGON My commission expires:
COMMISSION NO.925995 ✓✓✓
MY COMMISSION EXPIRES MARCH 06,2018
i
Page 2 of 2
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RECEIVED
LHL Homes, Inc
11/01/2016 NOV U 1 2016
Applicants Statement—Adjust front setback, 11410 SW Fonner St., Tigard, OR CITY OF TIGARD
PLANNING/ENGINEERING
Criteria—Code Section 18.370.020
A—The home site satisfies all other setback requirements and the reduction of the front setback from
20 feet to 15 feet is the least required to accommodate the home.
B—The adjustment has no impact on the preservation of trees. Preserved trees are outside the
footprint of the home.
C— Emergency access to the home/site is not impeded by the adjustment.
D—Applicant desires to place a single level home on this lot, consistent with the homes already built on
lots 2 and 3. Numerous designs/layouts have been attempted on this lot to accommodate a single level
home. Because the lot is shallow, no other designs have been found to conform to the existing setbacks
without some relief to the front setback.
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in subsection C of this section.
18.370.020 Adjustments
A. Purpose. 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
subsection C of this section.
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.
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;
b. The adjustment will result in the preservation of trees, if trees are present in the development
area;
c. The adjustment will not impede adequate emergency access to the site;
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
C. Special adjustments.
1. Adjustments to development standards within subdivisions (Chapter 18.430). The director shall
consider the application for adjustment at the same time he/she considers the preliminary plat.
An adjustment may approved, approved with conditions,or denied provided the director fmds:
Variances and Adjustments 18.370-2 AP Update:2114