ADJ2017-00011 NOTICE OF TYPE I DECISION
u
DEVELOPMENT ADJUSTMENT ADJ2017-00011 p
MEDALLION MEADOWS
120 DAYS = September 22, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: Medallion Meadows
CASE NO.: Development Adjustment (ADJ) ADJ2017-00011
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 Lot 16
of the approved Medallion Meadows Subdivision (Case No. SUB2013-00006).
APPLICANT: J.T. Roth Construction, Inc. OWNER: Same as applicant
12600 SW 72nd Avenue
Suite 200
Tigard, OR 97223
LOCATION: 14143 SW 118''Court;WCTM 2S11013A,Tax Lot 12300
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 H. 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.
AD12017-00011 Medallion Meadows 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is Lot 16 of the Medallion Meadows Subdivision (Case No. SUB2013-00009),
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, west of SW 117'h Avenue, and east of SW 119`h
Place. 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 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 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
on SW 118`h Court along its northern and eastern property lines.This criterion is met.
d.There is not a reasonable alternative to the adjustment which achieves the desired effect.
ADJ2017-00011 Medallion Mcadows 2
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
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 JUNE 1, 2017
AND BECOMES EFFECTIVE ON JUNE 2, 2017
:]
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS gntiga� rd-or.gov.
Tune 1.2017
APPROVED BY: Lina Smith
Assistant Planner
ADJ2017-00011 Medallion Meadows 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard MAY 2 5 2017
n COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF TIGARD
Adjustment — Type I Application PLANNING/ENGINEERING
PROPOSAL SUMMARY(brief description): Adjustment of
Front yard setbacks to allow construction of new single Case No.() A DO 2011_ 0001 1
s
family residence
Related Case No.(s):
The owners of record of the subject property request an Adjustment Application Fee: 4 3 S 1
to the Community Development Code(please check one only):
Application Accepted:
Development Adjustment—Front Yard Setback, Interior By: 0 () Date: S/ ZS / I l
Setbacks and Lot Coverage
Date Determined Complete:
Special Adjustments: By: LS Date: �S
❑ Adjustments to Subdivision standards
❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation:
❑ Washington Square Regional Center Dimensional and Density
requirements 1.'\0URPLN\Masten\Land Use Apptratbns\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
14143 SW 118th Court ELEMENTS
Tax Map and Tax Lot#(s): Medallion Meadows lot 16 (�(hvner's Signature/Written
Site Size: 6975 sq ft / Authorization
Title Transfer Instrument or Deed
Applicant: J.T. Roth Construction Inc.
pP Site/Plot Plan(2 copies)
Address: 12600 SW 72nd Ave. IfSite/Plot Plan(reduced 8'/2'x 11")
City/state: Tigard, OR Zip: 97223 Applicant's Statement
Primary Contact: David Jensen Email: (Addressing Criteria under Section 18.370.020)
Phone:
Filing Fee
(503)806-0602 davidj@jtrothinc.com
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name: J.T. Roth Construction Inc.
Address: 12600 SW 72nd Ave.
City/state: Tigard, OR Zip: 97223
*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 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 ner of the subject property required.
David Jensen 0.4/20/2017
Applicant/Au rized Agent signature Print name Date
bkL Tim Roth 0-4/20/2017
Owne 's signaftTe—T 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
r
Washington County.Oregon
n D-0W 2014-041667
m Stn=7 Y LOPEZ 07/10/2014 12:28:25 PM
RECORDING COVER SHEET 515.00$11.00$5.00$20.00 $51.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
ORS 205.234 Offiuo County Clerk for Washington County.Oregon,do hereby
This cover sheet has been prepared by the person certify that the within instrument of writing was received and
recorded in the book of records of said county.
presenting the attached instrument for recording.
Any error in this cover sheet DOES NOT affect the Richard Hobernicht.Director of
Dtransaction(s) contained in the instrument itself. Assessment and Taxation.Ex-Officio
1. AFTER RECORDING RETURN TO -
Required by ORS 205.180(4) &
M 205.238:
C'") Fidelity National Title Co.
O Attn: David Boutin
N 900 SW Fifth Ave., Suite South Mezz
G Portland, OR 97204
2. TITLE(S) OF THE TRANSACTIONS) - Required by ORS 205.234(1)(a)
Note: "Transaction" means any action required or permitted by law to be recorded,
G including, but not limited to, any transfer, encumbrance or release affecting title to or
J an interest in real property. Enter descriptive title for the instrument:
Warranty Deed
3. DIRECT PARTY / GRANTOR and Address - Required byORS234(1)(b)
Samuel A. Gotter, III and Victoria L. Gotter
cs
4. INDIRECT PARTY / GRANTEE and Address -_ Required by ORS 234(1)(b)
J.T. Roth Construction, Inc., an Oregon corporation and Four D
Construction Co., an Oregon corporation
5. For an instrument conveying or 6. TRUE AND ACTUAL
contracting to convey fee title, the CONSIDERATION - Required by
information required by ORS 93.260: ORS 93.030 for an instrument
UNTIL A CHANGE IS REQUESTED, conveying or contracting to convey
ALL TAX STATEMENTS SHALL BE fee title or any memorandum of
SENT TO THE FOLLOWING
ADDRESS: no change such instrument:
. $800,000.00
7. TAX ACCOUNT NUMBER OF THE PROPERTY, IF THE INSTRUMENT CREATES A
LIEN OR OTHER INTEREST THAT COULD BE SUBJECT TO TAX FORECLOSURE -
Required by ORS 312.125(4)(b)(B): This is being re-recorded at the request of Fidelity
National Title for the purpose of correcting the grantee's name, and is the same as fee no.
2013-068124
Oregon Standard Recording Cover Sheet (Rev. Nov 2011)
J
WashkVW County,Oregon 2013-068124
D-DW
ShM A STROM 0712612013 08:57:42 AM
$10.00$11.00 35.00$15.00 5800 00 $841.00
I,Ncinrd HobM1CK Dlncfer of Asaaaananr and Taxaddn and Ex-
RECORDING REQUESTED BY: a^CO GO ty par`1or Waan'n1P-GO111Y a"—du nanny
Fidelity National Title Company of Oregon �Ithik o ,—W.,�9cou ty
GRANTOR: Richard Hobemicht,Director of
Samuel A.Gotter,III and Victoria L.Gotter Assessment and Taxation,Ex-Officio
GRANTEE:
JT Roth Construction,Inc.and
Four D Construction Company
12600 SW 72nd Avenue,Suite 200
Tigard,OR 97223
SEND TAX STATEMENTS TO:
JT Roth Construction,Inc.and
Four D Construction Company
12600 SW 72nd Avenue,Suite 200
Tigard,OR 97223
AFTER RECORDING RETURN TO:
JT Roth Construction,Inc.and
Four D Construction Company
O 12600 SW 72nd Avenue,Suite 200
1 Tigard,OR 97223
Q Escrow No: 20130075730-FTPOR08
SPACE ABOVE THIS UNE FOR RECORDER'S USE
('- STATUTORY WARRANTY DEED
Samuel A.Gotter,III and Victoria L.Gotter,Grantor,conveys and warrants to JT Roth Construction,Inc.,
an Oregon corporation and Four D Construction Company,an Oregon corporation, Grantee,the following
Q described real property,free and dear of encumbrances except as specifically set forth below,situated in
the County of Washington,State of Oregon:
Beginning at a point on the North line of Section 10,Township 2 South,Range 1 West,Willamette
Meridian,in the City of Tigard,County of Washington and State of Oregon,990.0 feet West of the
quarter section comer.Said beginning point being the Northeast corder of that certain tract of land
conveyed to Katherine Kilgore Gunther as described in Deed Book 1751 Page 89,Washington
O
0 CountyOregon,Deed Records;thence South along the East line of said Gunther tract 330.0 feet
to the Easterly Northeast comer 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 comer 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.
Z
EXCEPTING THEREFROM that portion conveyed to the City of Tigard in Dedication Deed
recorded January 2,2003,Recorder's No.2003-000018.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS 5800,000.00. (See
ORS 93.030)
Subject to and excepting: 2013114 taxes,covenants,conditions,restrictions,easements,rights of way,
and matters now of record.
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 V10LATION 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.
20130075730-FTPORDB
Deed(WarrentyStalulory)
STATUTORY WARRANTY DEED
DATED: July 22,2013
uel A.Gotter,III
N�Z�-
Victoria L.Gotter
State of Oregon
County of mas
T rostrum was acknowledged before me on Jul 2013 by Samuel A.Gotter,111 and Victoria L.
tter.
otary Public-State of Oregon
My commission expires:, "�� '70(� Nps-474001
WC0111t�1�1 tfalalAtt121,2Q1T
2ot3oo75� T oa SkII104 W.HoberrdcA,4 Dire w ofAaleaamne
and Taxation and Ex-Officio County Clerlt for
DeW(warranty-Statutory) Washington County,do hereby certify this to be a
ue and correct copy of the original.
Date: �wnC �01�1 7lO\4
By:�.�_
APPROVAL ONLY FOR FRONT
CITY OF TIGARD YARD SETBACK REDUCTION FROM
Approved by Pia ning 20 FEET TO 15 FEET (CASE NO.
ADJ2017-00011). INCLUDE STREET
Date: TREES ON PLANS FOR BUILDING
Initials: 1—� PERMIT SUBMITTAL.
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22 MAY 2017 MRR , I ,J
ALAN Wsoa*ADE"CCURACY
ASSOCIATES,OPOB NOl CITY OF TIGARD ��/'�/�� A
UASLE FON TIE ACCURACY RE TOE TOPTY OF T MEDALLION MEADOWS Gly} l/�'
NFORWTION.IT LS THE SOLE RESPOI6BUTY OF TW
NIALDEN TO VERIFY ALL S17E CONDITIONS,NCLUDING LOT 16
ANY FILL PLACED ON THE BTR AND NOTIFY TME
OWKRS OF ANY POTENTIAL FIELD NODFCATgNS.
LM MANOOM o �oc�ATM BY: J.T. ROTH CONST
a n (6,975 S4. FT.)
CLAS-YS� G SDIIAS Sql
David Jensen
J.T. Roth Construction Inc.
12600 SW 72nd Ave Tigard, OR 97223
May 24, 2017
Re Type I Development adjustment for Medallion Meadows lot 16
To Planning Department City of Tigard:
Pursuant to 18.370.020.6 we are requesting a front/side yard setback adjustment to Medallion
Meadows lot 16. The purpose of this adjustment is to allow construction of a single family residence on
a shallow lot bordered on two sides by public roadways. This setback adjustment will not impede
emergency access to the house nor will it shorten the driveway from the 20' standard. Granting this
adjustment request is the least invasive means to provide the needed housing.
Thank you for your consideration of our request and its' speedy processing.
David sen
Project Manager
J.T. Roth Construction Inc.