Loading...
ADJ2017-00022 ADJ2017 - 00022 MANGOLD NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2017-00022 MANGOLD 120 DAYS = April 3, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Mangold CASE NO.: Development Adjustment (ADJ) ADJ2017-00022 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 6 of the approved Mangold Subdivision(Case No. SUB2013-00003). APPLICANT: Westwood Homes,LLC OWNER: Same as applicant Attn: Matt Fricke 12700 NW Cornell Road Portland,OR 97229 LOCATION: 15164 SW Chandler Lane;WCTM 2S 112CB,Tax Lot 700 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 75500 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 18.370.0203 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 N. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ADJ2017-00022 Mangold 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is Lot 6 of the Mangold Subdivision (Case No. SUB2013-00003), which was approved by the City of Tigard Planning Division in April 2014. This approval was for a seven-lot subdivision, located on the north side of SW Ross Street,west of SW 81"Avenue, and east of SW 83`d Avenue. The site is zoned R-4.5 (Low-Density Residential). 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 (200/6), 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 (200/o), in order to accommodate a new single-family home, with an attached covered patio 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 approximately 43 feet of frontage on SW Chandler Lane.This criterion is met. d.There is not a reasonable alternative to the adjustment which achieves the desired effect. X2017-00022 Mangold 2 The applicant requests this development adjustment in order to accommodate a new single-family home,with an attached covered patio 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 mailed to: X The applicant and owner 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 4, 2017 AND BECOMES EFFECTIVE ON DECEMBER 5, 2017 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or 1,inaCS2ti ar�gov. �� i�� December 4.2017 APPROVED BY: Lina Smith Assistant Planner ADJ2017-00022 Mangold 3 APPLICANT MATERIALS RECEIVED City o.f Tigard DEC 0 4 2017 C COMMUNITY DEVELOPMENT DEPARTMENT 'Adlustment — Type I ApphcatioMLANNING/ENGINEERING PROPOSAL SUMMARY (brief description): Case No.(s): A PTcoo t-7- Related Case No.(s): The owners of record of the subject property request an Adjustment application Fee: 362 to the Community Development Code (please check one only): application accepted: Development Adjustment—Front Yard Setback, Interior By: W Date: J-_2 !-7 Setbacks and Lot Coverage Date Determined Complete: : Special Adjustments: B f_S Date: /0/'Wr� r y ❑ Adjustments to Subdivision standards ❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density k_ requirements I:\CURPUV\MasterS\tand Use Applications\Mjustment 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): JJ REQUIRED SUBMITTAL (S 1 6 y <1,�y / (_'kM ryi(�r t at"? ELEMENTS Tax Ma d Tax Lot ( )# s : t' Ap <' Map an64 Owner's Signature/Written Site Size: SF authorization Title Transfer Instrument or Deed Applicant: Wi�`�f"w© ���'`��`' 1 �`�' J0 Site/Plot Plan(2 copies) Address: 1_.__�00 tJfin/ 60y'040 M J' Site/Plot Plan(reduced 8'/2"x 11") City/state: PG r �'►anC.� r 6zip; Z ;6 applicant's Statement Lt_ � (Addressing Criteria under Section 18.370.020) Primary Contact: A A r 1`'✓I t �iling Fee Phone: <)()3- 06q Z Email: NcW(42 t,^hy,9,!9 1"',t6(K,- Property O'wner/Deed Holders)*: (Attach list if more than one) Name: C,.J,tS�W 0 0 ci ((00Ae e, ((( Address: COf"O City/state: pr �v��, 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 12roper • 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 o r. f the subject property required. ah/( Applicant/Authol Agent signature Print nameE ,.^c�o(' ✓�-5 (( 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 Washington County,Oregon 2017-015744 RECORDING REQUESTED BY: D-DW Stn=O I REED 02/24/2017 09:35:33 AM Lawyers Title $11.00$742.00$5.00$15.00$20.00 $793.00 , I,Richard Hobernicht,Director of Assessment and Taxation and Ex- 1433 SW 6th Avenue Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and Portland, OR 97201 recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio AFTER RECORDING RETURN TO: Order No.: 371700043-KT Westwood Homes, LLC 12700 NW Cornell Road Portland, OR 97229 SEND TAX STATEMENTS TO: Westwood Homes, LLC 12700 NW Cornell Road Portland,OR 97229 APN: R0512608 8275 SW Ross Street,Tigard,OR 97224 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATUTORY WARRANTY DEED Ross Street, LLC, Grantor, conveys and warrants to Westwood Homes, LLC, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon, SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS SEVEN HUNDRED FORTY-ONE THOUSAND TWO HUNDRED SEVENTY AND NO/100 DOLLARS ($741,270.00). (See ORS 93.030). 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 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. Deed(Statutory Warranty) ORD1293.doctUpdated: 02.48.17 Page 1 OR-LT-FXEB-01060.474577-371700043 STATUTORY WARRANTY DEED (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below. Dated: ,2 —,) 2 "17 Ross Street, LC BY: Doug C pbell Member State of Oregon County of The foregoin instrument was acknowledged before me on this day of , 2017 by Doug Campbell, Member of Ross Vtre t, LLC. Not ry gnature OFFICIAL STAMP KRISTA M.THORNE Print Name: NOTARY PUBLIC-OREGON r COMMISSION NO,932621 MY COMMISSION EXPIRES SEPTEMBER 28,2018 My commission expires: Deed(Statutory Warranty) ORD1293.doe/Updated: 02.08.17 Page 2 OR-LT-FXEB-01060.474577-371700043 EXHIBIT "A" Legal Description A portion of Lot 1, GOOD ACRES, in the City of Tigard, County of Washington and State of Oregon,described as follows: Beginning at the Northwest corner of Lot 1, GOOD ACRES, as per recorded map thereof in Book 6, Page 3, Map Records of Washington County, Oregon; thence running Easterly along North line of said lot, 201.75 feet to the Northwest corner of the McGuire Tract, Recorded May 5, 1975 in Book 1021, Page 599, records of Washington County; thence Southerly 320 feet along the West line of said McGuire Tract to the South line of said lot; thence Westerly along South line of said lot, 202.70 feet to the Southwest corner thereof; thence Northerly along the Westerly line thereof 320 feet to the point of beginning. Deed(Statutory Warranty) ORD1293.doc/Updated: 02.08.17 Page 3 OR-LT-FXEB-01060.474577-371700043 DEC,R E C F,,-:IV E D 0 4 2017 CITY OF TIGARD PLANNING/ENGINEERING CITY OF TIGARD Approved b Panning Date: LOT 5 / I Initials: 9,694 SO FT / I s / I I OV'o LOT 6 i Ln NTRY 6,896 SGS FT% 12' PATIO'�\ SIDEWALK _ - i P.u_E0 12'-�4 ,i i 24'-2' I Z ; DRIV�WAY-° GARAGE m 21' - 1 J Z W.Mi i 43 -1 3„ m _ _ 99.32' I , � I LOT 7 6,392 SO FT i S I TE P LAN N SCALE : 1"=20' PLAN NAME: 2554 MANOOLD DR,4LUN: BKE LOT 6 EST PLOT: 11/6/11 OOD Howls LLC C WASHINGTON COUNTY, OR 1 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. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. 15 , f r &:t-od "71 -Z&i, � 124k 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; ✓, � i �es��'"��c� �-o e (,ft've- Ole". e e-(,: . b. The adjustment will result in the preservation of trees, if trees are present in the development area; NO fivee(-, W)[j 4,#M-c'w L y �'Gc i s a.t�'✓�C��.�,�= 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. La✓v L C�, 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