ADJ2016-00119 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2016-00119
MEDALLION MEADOWS
120 DAYS = April 5, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: Medallion Meadows
CASE NO.: Development Adjustment(ADJ) ADJ2016-00119
PROPOSAL: The applicant requests one development adjustment to reduce the street side yard
setback requirement from 15 feet to 12 feet (20%). The subject property is Lot 23
of the approved Medallion Meadows Subdivision(SUB2013-00006).
APPLICANT: Four D Construction OWNER: Same as applicant
Attn: David DeFlarpport
P.O. Box 1577
Beaverton, OR 97075
LOCATION: 14015 SW 118"'Court;WCTM 2S110BA,Tax Lot 13000
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.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.
AD12016-00119 Medallion Meadows 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject site is located at the intersection of SW Gaarde Street and SW 119`h Place. The property is
Lot 23 of the Medallion Meadows Subdivision (SUB2013-00006), which was approved by the City of
Tigard Planning Division in May 2014. This approval was for a 26-lot subdivision,located south of SW
Gaarde Street, east of SW 119`" Place, and west of SW 117`h Avenue. The subject lot connects to SW
118`" Court via a shared access easement located on Lot 22 (14031 SW 118`h Court; WCTM 2S110BA,
Tax Lot 12900).The property is zoned R-4.5 (Low-Density Residential),as are adjacent 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 street side yard setback from 15 feet to 12 feet (20%),which meets the
description of 18.370.020.B.1.b. 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 street side yard setback from 15 feet to 12 feet (200/o),
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 connects to SW
118`h Court via a shared access easement that exceeds the 15-foot minimum access requirement for
up to two residential units. 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
ADJ2016-00119 Medallion Mcadows 2
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 DECEMBER 8, 2016
AND BECOMES EFFECTIVE ON DECEMBER 9, 2016
Questions:
If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCSng,tigard-or.gov.
---4- December 8 2016
APPROVED BY: Lina Smith
Assistant Planner
ADJ2016-00119:Medallion Meadows 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard
DEC Q5 2016
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF TIGARD
Adjustment — Type I Application PLANNING/ENGINEERING
PROPOSAL SUMMARY (brief description):
��1)"Q .>41)& YI4IZ SE-r&0< Case No.(s): App . Oo,6-oo//q
1—?--,a W I' * TC-3 I .L^
Related Case No.(s):
QUEsrbN i NL- d Z C 24"M t-(�l
The owners of record of the subject property request an Adjustment Application Fee:f7_35-7- 00
to the Community Development Code (please check one only):
Application Accepted:
Development Adjustment-Front Yard Setback, Interior By: CA?— Date: is-5- -1 b
Setbacks and Lot Coverage
Date Determined Complete: J �
Special Adjustments: By: S Date:
❑ Adjustments to Subdivision standards
El Reduction of Minimum Residential Density 'I
Comp.Plan/Zone Designation:
El Washington Square Regional Center Dimensional and Density L(;,-4 De^ (def / R- `C ,5
requirements 1:\CURPLN\Masters\Land Use Applkatlons\Adjustment—Type 1
❑ 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
I L/615 S, W //8 I-H GST• ELEMENTS
Tax Map and Tax Lot#(s): /t/IED)9 LL)f A#tFPP&V5 , l�7`�- ® Owner's Signature/Written
Site Size: 7 9 7.7 4 Authorization
'Title Transfer Instrument or Deed
Applicant: FOU R NS7-12-14 C-TY0 iQ qrSite/Plot Plan(2 copies)
Address: 0• Bo)( I S-7-7 or Site/Plot Plan(reduced 8/2"x 11")
City/state: 6(Z— Zip: a7 6 7 S Applicant's Statement
1, (Addressing Criteria under Section 18.370.020)
Primary Contact: 'b'y If) �E � lr�2� Filing Fee
Phone:-5L)3 7 2 -2 SI y Email: FOtt1? PC:- W-S77C'M-SA4-(a 4
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name:
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
Owne ' signature Print name Date
ADJUSTMENT—TYPE I APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov 503-718-2421 • Page 2 of 2
nul
Fidelity National Title Insurance Company
900 SW 5th Ave., Mezzanine Level, Portland, OR 97204
FAX
SUBDIVISION GUARANTEE FOR THE PROPOSED
DEHARPORT/ROTH
ORDER NO.: 20130085716-FTPOR55 FEE: $400.00
DATED: October 24, 1000
Fidelity National Title Insurance Company
GUARANTEES
Any County or City within which the subdivision or proposed subdivision is located.
That the estate or interest in the land which is covered by this Guarantee is:
A Fee
According to the public records which impart constructive notice of matters affecting title to the premises
described on Exhibit"One",we find that as of October 22, 2013, at 08:00-AM the last deed of record runs to:
John W. Olsen and Florence M. Olsen, as to Parcels 1, 2 and 3;
and
J.T. Roth Construction, Inc., an Oregon corporation, that acquired as JT Roth Construction, Inc., an
Oregon corporation, and Four D Construction Co., an Oregon corporation, that acquired title as Four D
Construction Company, an Oregon corporation, as to Parcel 4
We also find the following apparent encumbrances, which include 'Blanket Encumbrances'as defined by ORS
92.305(1), and also easements, restrictive covenants and rights of way.
FDOR0430.rdw
Order No.: 20130085716-FTPOR55
1. Unpaid Property Taxes are as follows:
Fiscal Year: 2013-2014
Amount: $2,186.30, plus interest, if any
Levy Code: 023.74
Account No.: R491337
Map No.: 2S110BA-01500
Affects: Parcel
Amount: $119.68, plus interest, if any
Levy Code: 023.74
Account No.: R491328
Map No.: 2S110BA-01800
Affects: Parcel
Amount: $5,938.82, plus interest, if any
Levy Code: 023.74
Account No.: R491346
Map No.: 2S110BA-01900
Affects: Parcell
Amount: $3,770.45, plus interest, if any
Levy Code: 023.74
Account No.: R491408
Map No.: 2S110BA-02000
Affects: Parcel
Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing,
including current fiscal year taxes, supplemental taxes, escaped assessments and any
delinquencies.
2. City Liens, if any, in favor of the City of Tigard.
3. Rights of the public and governmental agencies in and to any portion of said land lying within the
boundaries of streets, roads and highways.
4. Restrictive covenants regarding underground utilities, imposed by instrument
Recording Date: August 14, 1969
Recording No.: Book: 753, Page: 447
Reference is made to said document for full particulars.
5. Easement(s)for the purpose(s)shown below and rights incidental thereto as granted in a document;
In favor of: Portland General Electric Company
Purpose: Distribution line
Recording Date: August 21, 1969
Recording No.: Book: 754, Page: 333
Affects: Parcels 1 &2
6. Easement(s)for the purpose(s) shown below and rights incidental thereto as granted in a document,-
In
ocument;In favor of: Owners of property adjacent on the Northeast
Purpose: Roadway
Recording Date: January 19, 1970
Recording No.: Book: 769, Page: 208
Affects: Parcell
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Order No.: 20130085716-FTPOR55
7. Agreement for easement including the terms and provisions thereof,
For: Easement and right of way
Between: W. Todd Coffelt and Richard L. Furman and Linda J. Furman, husband and wife
Recording Date: September 17, 1980
Recording No.: 80-032678
Affects: Parcel
8. Easement(s)for the purpose(s) shown below and rights incidental thereto as set forth in a
document:
In favor of: City of Tigard
Purpose: Right of way and utilities
Recording Date: January 2, 2003
Recording No: 2003-000018
Affects: Parcel
9. Easement(s)for the purpose(s) shown below and rights incidental thereto as set forth in a
document:
In favor of: City of Tigard
Purpose: Public utilities
Recording Date: January 2, 2003
Recording No: 2003-000019
Affects: Parcel
10. Easement(s)for the purpose(s)shown below and rights incidental thereto as granted in a document;
In favor of: City of Tigard
Purpose: Right of way, slope and utilities
Recording Date: February 14, 2003
Recording No.: 2003-022292
Affects: Parcel
11. Easement(s)for the purpose(s)shown below and rights incidental thereto as granted in a document;
In favor of: City of Tigard
Purpose: Right of way, slope and utilities
Recording Date: February 14, 2003
Recording No.: 2003-022293
Affects: Parcel
12. Easement(s)for the purpose(s) shown below and rights incidental thereto as granted in a document;
In favor of: City of Tigard
Purpose: Slope and utilities
Recording Date: February 14, 2003
Recording No.: 2003-022294
Affects: Parcell
FDOR0430.rdw
Order No.: 20130085716-FTPOR55
13. A line of credit deed of trust to secure an indebtedness in the amount shown below,
Amount: $520,000.00
Dated: July 22, 2013
Trustor/Grantor: JT Roth Construction, Inc. and Four D Construction Company, Oregon
corporations
Trustee: Fidelity National Title Company of Oregon
Beneficiary: Community Financial Corporation, an Oregon corporation
Loan No.: 300 7899 7
Recording Date: July 26, 2013
Recording No: 2013-068125
Affects: Parcel
14. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $100,000.00
Dated: July 22, 2013
Trustor/Grantor: JT Roth Construction, Inc., an Oregon corporation, and Four D Construction
Company, an Oregon corporation
Trustee: Fidelity National Title Company of Oregon
Beneficiary: Samuel A. Gotter, III and Victoria L. Gotter, husband and wife
Loan No.: Not disclosed
Recording Date: July 26, 2013
Recording No: 2013-068126
Affects: Parcel
We have also searched our General Index for judgments and state and federal liens against the grantees named
above and find:
This is not a report issued preliminary to the issuance of a title insurance policy. Our search is limited and its use
is intended as an informational report only, to be used in conjunction with the development of real property.
Liability is limited to an aggregate sum not to exceed $ 1,000.00
Fidelity National Title Insurance Company
By:
Toni Stanhope
Land Development Officer
NOTE -ORS 92.305(1) reads as follows:
"Blanket encumbrance" means a trust deed or mortgage or any other lien or encumbrance, mechanics' lien or
otherwise, securing or evidencing the payment of money and affecting more than one interest in subdivided or
series partitioned land, or an agreement affecting more than one such lot, parcel or interest by which the
subdivider, series partitioner or developer holds such subdivision or series partition under an option, contract to
sell or trust agreement.
FDOR0430.rdw
Order No.: 20130085716-FTPOR55
EXHIBIT "ONE"
The premises are in Washington County and are described as follows:
PARCEL 1: A tract of land in the Northwest one-quarter of Section 10, Township 2 South, Range 1 West of the
Willamette Meridian, in the County of Washington and State of Oregon, being a portion of that tract of land
conveyed to Violete F. Howard, by deed recorded in Book 403, Page 297, Washington County Deed Records,
described as follows:
Beginning at a point on the North line of said Section 10, which bears South 89°38'West 990 feet from the
quarter section corner on said North line, said point being the Northeast corner of that tract of land conveyed to
Katherine Kilgore Gunther, by deed recorded in Book 175, Page 89, Washington County Deed Records, and the
Northwest corner of the aforementioned Howard Tract; thence South 0°44' West, along the East line of said
Gunther Tract, 660 feet, to the Southeast corner thereof and the Southwest corner of said Howard Tract; thence
East, along the South line of said Howard Tract, 198 feet, to the Southeast corner thereof and the Southwest
corner of that tract of land sold to Willard Floreian Crossway, et ux, on contracted recorded in Book 430, Page
304, Washington County Deed Records; thence North 0°44' East, along the West line of said Crossway Tract,
302 feet, to the Southeast corner of that tract of land conveyed to William Todd Coffelt, by deed recorded as
Recorder's Fee No
. 79034011, Washington County Records; thence West along the South line of said Coffelt Tract 158 feet to the
Southwest corner thereof; thence North 0°44' East, along the West line of said Coffelt Tract and the Northerly
extension thereof, 358 feet, to the Northwest corner of that tract of land conveyed to Richard Leroy Furman, et
ux, by deed recorded in Book 866, Page 658, Washington County Deed Records, said point being on the North
line of Section 10;thence West along said section line 40 feet to the point of beginning.
PARCEL 2: A tract of land in the Northwest one-quarter of Section 10, Township 2 South, Range 1 West of the
Willamette Meridian, in the County of Washington and State of Oregon, being a portion of that tract of land
conveyed to Violet F. Howard, by deed recorded in Book 403, Page 297, Washington County Deed Records,
described as follows:
Beginning at a point on the East boundary of a tract conveyed to William Todd Coffelt, et ux, by deed recorded
March 21, 1973 in Book 914, Page 692, Washington County Deed Records, which is West 950 feet and South
0°44'West 250.00 feet from the Northeast corner of said Northwest one-quarter, said point being the Southwest
corner of that tract of land conveyed to Richard Leroy Furman, et ux, by deed recorded in Book 866, Page 658,
Washington County Deed Records; thence South 00 ° 44'West 109 feet to an interior corner in the East
boundary of the aforementioned Coffelt Tract; thence East along the most Southerly North line of said Coffelt
Tract, 158 feet to the most Easterly Northeast corner thereof; thence North 0 ° 44' East 108 feet to the Southeast
corner of the aforementioned Furman Tract; thence West, along the South line of said Furman Tract, 158 feet to
the point of beginning.
PARCEL 3: Part of the Northeast quarter of the Northwest quarter of Section 10, Township 2 South, Range 1
West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as follows:
Beginning at a point 40 rods West of the Northeast corner of the Northwest quarter of said Section 10, it being
the Northwest corner of tract of land sold to McFarland containing 10 acres; running thence West 132 feet;
thence South 40 rods, thence East 132 feet to the Southwest corner of said McFarland Tract; thence North to the
point of beginning.
PARCEL 4: Beginning at a point on the North line of Section 10, Township 2 South, Range 1 West, Willamette
FDOR0430.rdw
Order No.: 20130085716-FTPOR55
Meridian, in the City of Tigard, County of Washington and State of Oregon, 990.0 feet West of the quarter
section corner. Said beginning point being the Northeast corner of that certain tract of land conveyed to
Katherine Kilgore Gunther as described in Deed Book 1751 Page 89, Washington County, Oregon, Deed
Records; thence South along the East line of said Gunther tract 330.0 feet to the Easterly Northeast corner of
that certain tract of land conveyed to Edward J. Erickson and Diane J. Erickson, husband and wife, as described
in Deed Book 200, Page 229, said Deed Records; thence West along the North line of said Erickson tract 317.5
feet to a point; thence North along the East line of said Erickson tract 330.0 feet to the Northerly Northeast
corner of said Erickson tract an the North line of said Section 10; thence East along said North line 317.5 feet to
the place of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Tigard in Dedication Deed recorded January 2,
2003, Recorder's No. 2003-000018.
FDOR0430.rdw
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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. pproval criteria. A development adjustment shall be granted if there is a demonstration of
ompliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired
effect; q trSY rn c ti r CZ eQu E ST&p Tu s +T 1*oM` L-Z"i
b. The adjustment will result in the preservation of trees, if trees are present in the development
area; N/R
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.
No F, rM��L c�vfl :o / i x t -rk+e ,k: T-s-k,T TJ Wr 'tJA-(FS L-,:z- wQklkk-Q 13
C. Special adjustments. coir►`3 OR 11 CoxzkJ;--IR `- r �� AS Nr, ALCM FOR vA9-P6 c
®p- D,oRpv-oM cir4t.R T-1
I. 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 ma-he approved, approved with conditions, or denied provided the director finds:
Variances and Adjustments 18.370-2 AP Update:2114