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ADJ2017-00013
NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2017-00013 MEDALLION MEADOWS 120 DAYS = October 27,2017 SECTION I. APPLICATION SUMMARY FILE NAME: Medallion Meadows CASE NO.: Development Adjustment(ADJ) ADJ2017-00013 PROPOSAL: The applicant requests one development adjustment to reduce the rear yard setback requirement from 15 feet to 12 feet (20%). The subject property is Lot 26 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: 14026 SW 118`h Court;WCTM 2S11013A,Tax Lot 13300 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. ADJ2017-00013 Medallion Meadows 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is Lot 26 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`s Avenue, and east of SW 119's 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 rear 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 rear 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 Gaarde Street on the north side, and SW 81"Avenue on the west side. This criterion is met. d.There is not a reasonable alternative to the adjustment which achieves the desired effect. ADJ2017-00013 Medallion Meadows 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 20%reduction for rear 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. E:: THIS DECISION IS FINAL ON JUNE 29, 2017 AND BECOMES EFFECTIVE ON JUNE 30, 2017 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSng,tigard-or.gov. �--� Tune 29,2017 APPROVED BY: Lina Smith Assistant Planner ADJ2017-00013 Medallion Meadows 3 RFCEIVED City of Tigard JUN 29 2017 COMMUNITY DEVELOPMENT DEPARTMENT CITY GE TIGARD Adjustment — Type I Application PLANNING,/ENGINEERING PROPOSAL SUMMARY (brief description): 5 CLL �eCif - Case No.(s): /�/� � 4Q 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: ©'Development Adjustment-Front Yard Setback, Interior By: k�: Date: Setbacks and Lot Coverage Date Determined Complete: Special Adjustments: By: )—S Date: C ❑ Adjustments to Subdivision standards ❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density �- requirements 1:\CURPLN\Me9ers\land Use ApPllntbns\Adjustm nt—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 J � 5'W /IF lz L'"u,� ELEMENTS Tax Map and Tax Lot#(s): Owner's Signature/Written Site Size: Authorization -�,�f, - /� Tide Transfer Instrument or Deed .i � � Applicant: tJ� - Ito _��Li ce" -I W C� Site/Plot Plan(2 copies) Address:_( 40a �(1 �I� � -'`{-- �QSite/Plot Plan(reduced 8'/2'x 11") ty/state: ��Gl Q 1`/� Zip: 4772-23 ' Applicant's Statement Ci (Addressing Criteria under Section 18 17u(2n) �,[ Primary Contact: t C� L��yl l - L 'Filing Fee Phone: 63'6D6 C-6- Email:+7-,1x1l1c4C1P t )ff M NC CGYvI Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: Sc.vae— 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 subjectpropert. • 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 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 prop. • 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 NA URES ofer of the subject property required. Z7 David Jensen-.4 WnJ�� Applicant/Au )rized Agent signature Print name I)atc Tim Roth / Owne 's signa'ftk-e-J signs'—e— 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 2014-041667 rM o-0DW LOPEZ 07/10/2014 12:28:25 PM RECORDING COVER SHEET 515 00 511 00 55 00 520.00 $51.00 I,Richard hobernicht Director of Assessment and Taxation and Ex- ORS 205.234 Officio County Ckrk for Washington County.Oregon,do hereby This cover sheet has been prepared by the person certify that the within Instrunherht of wnting was received and recorded to the took of records of said county. presenting the attached instrument for recording. G Any error in this cover sheet DOES NOT affect the Richard Hobemtcht Director of DAssessment and Taxation.Ex-Officio transaction(s) contained in the instrument itself. 1. AFTER RECORDING RETURN TO - r�_- Required by ORS 205.180(4) & M 205.238: C') Fidelity National Title Co. O Attn: David Boutin N 900 SW Fifth Ave., Suite South Mezz G` Portland, OR 97204 2. TITLES) QE THE TRANSACTION($) - Reauired by ORS 205,234(1)(a) Q 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 an interest in real property. Enter descriptive title for the instrument: Warranty Deed Zi 3. DIRECT PARTY / GRANTOR and Address - Required by QRS 234(1)(b) Samuel A. Gotter, III and Victoria L. Gotter i D 4. INDIRECT PARTY / GRANTEE and Address _ Renuired by ORS 234(1)($) 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 such instrument: ADDRESS: no change $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) W-hw o-C°ur"n'.O"^ 2013-068124 D-0W SVW4 A STROM 07/20/2013 08:07:42 AM $10 00 111 00 tis 00$15 00 fe00 00 5841.00 kAkh.9 04~001.0a r r A--w TawAy w Q oaw.0..t 0r.•r awwwp„taw,ate.r WOW IIECOROe9 ItEOIIEaTEO 8Y: neve wrr w..�w ar•wit w varve ark Fidelity National Title Company of Oregon ,aW&d0ft0.rMrouarlaarem* GRANTOR: %dwd HobarnroAl,Dt.cror of Samuel A.Gorier.III and Victoria L.Gotler Aeemw wA and Taaalon,EA-Or1ao GRANTEE: JT Roth Construction,Inc.and Fax D Conebucction Company 12800 SW 72nd Avenue,Sults 200 Tigard.OR 97223 SEND TAX STATEMENTS TO: JT Roth Construction,Inc.and Four D Construction Compry 12000 SW 72nd Avenue,Suite 200 Tigard,OR 97223 AMR RECOItdM6 RffrtPM TO: JT Roth Construction,Inc.and Four D Construction Company O 12800 SW 72nd Avenue.Suite 200 i Tigard.OR 97223 Q Escrow No: 20130075735-FTPORO8 (� SPACE MOVE THIS LINE FDR RECORDER'S USE (� STATUTORY WARRANTY DEED ih Samuel A.Gottar,III and Victoria L.Gotler,Grantor,conveys and warrants to JT Roth Construction,Inc., on Oregon Corporation and Four D Construction Company,an Oregon corporation, Grar"e,the following described real property,free and clear of encumbrances except Be specMkcelly set forth below,situated in the County of Washington,Stele of Oregon: Begirning at Is point on the North Iine of Section 10,Tamshlp 2 Sall,Rangs 1 West,Willamette Meridian,In the Cly of Tigard,County of W ashi glon and Stab of Oregon,990.0 fast West of the quarter section comer.Said beginning point being the Norttnest comer of tint certain tract of land conveyed to Katherine Kilgore,Gunther as described in Deed Book 1751 Page 89,Waahklglon County,Oregon,Deed Records;thence South along the East linesaid a Edward J. act 330-feet �Wftmt Comer of that certain tract o/land 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 fsM to a point;thence North along the East line of said Erickson tract 330.0 feet to the Northerly Northeast comer of Said Erickson not on the North line of said Section 10;thence East slog and North Ire 317.5 hat b the place of boom ng. EXCEPTING THEREFROM That portion conveyed to the City of Tigard in Dedication Deed recorded January 2,2003,Recorders No.20014MIS. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS$500,000.00. (See ORS 93.030) Subject to and excepting: 201 Y14 taxes,covenants,conditions,restart bons,easements,rights of way, and matiars 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 195.300 TO 195.336 AND SECTIONS 0 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTXM 2 TO 9 ANO 17,CHAPTER SS5,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 210.010,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 30.970,AMC TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300, 195.301 AND 193.305 TO 190.338 AND SECTIONS S TO 11,CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTK)NS 2 TO 7, CHAPTERS,OREGON LAWS 2010. 20130075730XTPORDS D*W(WarraM)SbtAory) STATUTORY WARRANTY DEED DATED: July 22,2013 Se us!A.Gotter,III 77C L/ Vkhala L.Gomer Stale of OregDn Coiritfd mea as aduwmedped bek"me on July 2013 by Samuel A.Gotter,III end VIctww L t o6�0�—ated OrwonL ��, SA�Jrll0O1r� My commission expires ��.o1D 110:41401 wuotroloa� ewl�MtiL 1 xo+aDo�arao Flrottoe L Rick"W Aeiw,ic+k. Dinrcw fAssa..0 and Taxation wd Ex4)Ocio County cwt(a Dad(WN wiry- Y) W81hvW-County,do hereby certify thn b be a r ` .-ue and correct copy of the or%ival. Oak: 2.0�41 IkA,L L CITY OF TIGARD APPROVAL FOR REAR YARD SETBACK REDUCTION FROM 15 FEET TO 12 FEET Approved by Plan 'ng n� (CASE NO.ADJ2017-00013) Date: Initials: , t__9 8'-0" L 22'-0" L 37'-71" 1�0 oti N88'00'27" .. .......... 88 o0o' _j 67.61': F/ S ............... 0 8' P.U.E. . .......... 4* ....... DRI WA Y* EL.: (3500 plu 15 7j: L .............I ............... ............... %�ATER ...... 31 MAIN FLOOR I EL.:314.5' Go ;�,o I '— 1 ............ f PO ICH 4.33' fi5'4�" ------ C? 8'-0" VISION CLEARANCE F,�§�MENT 4-3 j,' _j S 88*44'19" E ;77. ............ 301-0, CONC. XAPE S.W. GAARDE STREET LVC"I 22 JUN 2017 MIR S C A L E 1 2 0 0 ALM MASCOM OMW ASSOOIATES.8C.IS MOT CITY OF TIGARD LMf FM 711 ACCUPACY OF TW TOPM_ Zofammm IT a TIC aw KNOMLITY OF TIf SULZ MEDALLION MEADOWS ANY TO VWY AU SM CONDFTIOW NOLUDW 22166 FU KAOED ON ME WE AND NOTIFY T* LOT 26 OWWft OF AW POTWW FFAD MOWICATIOPS NM NA200M�AOSOMTK BY: J.T. ROTH CONST. — °"—TL .11. 7,257 SO. FT.) 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. RMose. 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. tenor setbacks. Up to a 20% reduction of the dimensional standards for the side and rear 1 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; ro AyetS pfe�,e t. c. The adjustment will not impede adequate emergency access to the site; Inc:, cV-LcSS d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Ilov1- 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 be approved, approved with conditions, or denied provided the director finds: Variances and Adjustments 18.370-2 AP Update.2114