ADJ2017-00010 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2017-00010 p
CORBIN ESTATES
120 DAYS = March 30,2017
SECTION I. APPLICATION SUMMARY
FILE NAME: Corbin Estates
CASE NO.: Development Adjustment (ADJ) ADJ2017-00010
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 6
of the approved Corbin Estates Subdivision (SUB2014-00009).
APPLICANT: J.T. Roth Construction,Inc. OWNER: Same as applicant
12600 SW 72"`'Avenue
Suite 200
Tigard,OR 97223
LOCATION: 8082 SW Barnum Street;WCTM 2S112CB,Tax Lot 18900
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.
ADJ2017-00010 Corbin Estates 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is a corner lot located on the south side of SW Barnum Street, and the east side of
SW 81't Avenue. The property is Lot 6 of the Corbin Estates Subdivision (SUB2014-00009),which was
approved by the City of Tigard Planning Division in March 2015. This approval was for a 10-lot
subdivision, located north of SW Durham Road, south of SW Bonita Road, and east of SW Hall
Boulevard. The site 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 (20%),
in order to accommodate a new detached, single-family home of a particular design. Staff has
evaluated the applicant's submitted site plan 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 direct frontage
along two public streets: SW Barnum Street on the north side, and SW 81" Avenue on the west
side. This criterion is met.
ADJ2017-00010 Corbin Estates 2
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 Tide.
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 17, 2017
AND BECOMES EFFECTIVE ON MAY 18, 2017
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS a&tigard-or.gov.
—� May 17,2017
APPROVED BY: Lina Smith
Assistant Planner
ADJ2017-00010 Corbin Estatcs 3
APPLICANT
MATERIALS
City of Tigard RECEIVED
COMMUNITY DEVELOPMENT DEPARTMENT MAY 11 2017
Adjustment — Type I Application CITY OFTIGARD
TIGARD P1 ANNING/ENGINEERING
PROPOSAL SUMMARY (brief description):
Case No.(s):
L
Related Case No.(s):
The owners of record of the subject property request an Adjustment Application Fee:
to the Community Development Code (please check one only):
Application Accepted:
I Development Adjustment-Front Yard Setback, Interior By: LC Date:
Setbacks and Lot Coverage
+ 35 -1 Date Determined Complete:
Special Adjustments: By: Date:
6h-4-
El Adjustments to Subdivision standards
El Reduction of Minimum Residential Density Comp.Plan/Zone Designation:
1 Washington Square Regional Center Dimensional and Density
requirements 1:\CURPLN\Masters\land Use Appllntfons\Adjunment-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
Proverty Address/Location(s): II REQUIRED SUBMITTAL
O (j Z �w G'Ja-►rro��... S? ELEMENTS
Tax Map and Tax Lot#(s): Owner's Signature/Written
Site Size: ( Authorization
11 Title Transfer Instrument or Deed
Applicant: In �� 1Vt r cam► 7 oln Site/Plot Plan(2 copies)
Address: S v.e ��'' Site/Plot Plan(reduced 8/2"x 11")
City/state: tt 6� Zip: 9� -2 3 Applicant's Statement
III (Addressing Criteria under Section I83711.1120)
Primary Contact: uS 11-1.- Filing Fee
Phone:&3') 114�D Email: (i'I C' [_i ti-
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name: sx-� 0-3 a ev(I C_o✓`f
T
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 I 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.
SIGNA RES of each o er the subject property required.
Applic nt/Authorized Agent signature Print name Date
-zla
Owner signature Print name Date
ADJUSTMENT—TYPE I APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwdgard-or.gov 503-718-2421 • Page 2 of 2
Washington County,Oregon 2015-049770
D-0w
Stn=7 Y LOPEZ 06/24/2015 11:15:29 AM
S10 00$11.00$5.00$510.00 x20.00 $556.00
I,Richard Hobernlcht,Director of Assessment and Taxation and Ex.
Of im County Clerk for Washington County.Oregon,do hereby
certify,that the within instrument of writing was received and
RECORDING REQUESTED BY: recorded to the book of records of said county
Fidelity National Title Company of Oregon Richard Hobemicht,Director of
Assessment and Taxation.Ex-Officio
GRANTOR
Gary S. Corbin and Terrie L. Corbin
GRANTEE:
J.T Roth Construction, Inc.
12600 SW 72nd Avenue, Suite 200
Tigard, OR 97223
SEND TAX STATEMENTS TO:
J.T. Roth Construction, Inc.
12600 SW 72nd Avenue, Suite 200
Tigard, OR 97223
AFTER RECORDING RETURN TO:
J.T. Roth Construction, Inc.
b 12600 SW 72nd Avenue, Suite 200
�1 Tigard, OR 97223
A Escrow No: 20130086384-FTPOR08
SPACE ABOVE THIS LINE FOR RECORDER'S USE
1
�- STATUTORY WARRANTY DEED
00
M Gary S. Corbin and Terrie L. Corbin, Grantor, conveys and warrants to J.T. Roth Construction, Inc., an
, Oregon corporation, Grantee, the following described real property, free and clear of encumbrances
O except as specifically set forth below, situated in the County of Washington, State of Oregon,
Parcel 1, PARTITION PLAT NO. 2015-004,according to the official plat thereof, recorded January
('7 29, 2015 as Fee No 2015006216, in the City of Tigard,County of Washington and State of
Oregon.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $510,000.00. (See
ORS 93.030)
Subject to and excepting: Taxes, covenants, conditions, restrictions, easements, rights of way, and
o matters now of record.
15
p� 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
oTO 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
Z INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE
z
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
'a DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
1Z 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 NEIG�BORING 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.
STATUTORY WARRANTY DEED
DATED: June 17,2015
Ga C in _
Terrie L. Corbin
State of Oregon
County of Clackamas
Th' - frim nt was acknowledged before me on June , 2015 by Gary S. Corbin and Terrie L.
orbin.
OFFlGAL SEAL
otary Public-State of Oregon Np�u NX"RECON
My commission expires �_ �_�� C0MMts81DN N0.474801
111f CUIYSSIONEttPitES FEBRUARY 21,1017
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NOTES:
APPROVAL FOR ADJ2017-00010 ONLY. FOR S. W.BARNUM STREET SUBCONTRACTOR TO
BUILDING PERMIT SUBMITTAL, PLANS SHALL BE SPECIFY EXACT
DRAWN TO SCALE AND INCLUDE STREET TREES. LOCATIONS
OF UTILITY STUBS MARK STEWART
HOME DESIGN
CITY OF TIGARD
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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. PWose. 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; ).ZS
b. The adjustment will result in the preservation of trees, if trees are present in the development
area;
�)-1 �vz-0-s ei 5,
c. The adjustment will not impede adequate emergency access to the site;
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d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
N6
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 he approved, approved with conditions, or denied provided the director finds:
Variances and Adjustments 18.370-2 AP Update:2114