ADJ2018-00009 ADJ2018 00009
ANNAND
HEIGHTS
NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2018-00009ii A
ANNAND HEIGHTS
120 DAYS = August 1, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: Annand Heights
CASE NO.: Development Adjustment(ADJ) ADJ2018-00009
PROPOSAL: The applicant requests one development adjustment to reduce the rear yard setback
requirement from 15 feet to 12 feet (20 percent). The subject property is Lot 12 of
the approved Annand Heights Planned Development (Case Nos.PDR2015-00008,
SUB2015-00013, SLR2015-00008,and ADJ2015-00002).
APPLICANT: Windwood Construction, Inc.
Attn: Dale Richards
12655 SW North Dakota Street
Tigard, OR 97223
OWNER: Same as applicant
LOCATION: 10993 SW Annand Hill Court;WCTM 2S110AD,Tax Lot 11000
ZONING
DESIGNATION: R-12 (LPD): Medium-Density Residential Zone. The R-12 zone is designed to
accommodate a full range of housing types at a minimum lot size of 3,050 square
feet. A wide range of civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.790.030.A
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.
ADJ2018-00009 Annand Heights 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is Lot 12 of the approved Annand Heights Planned Development (Case Nos.
PDR2015-000085 SUB2015-00013, SLR2015-00008, and ADJ2015-00002), which was approved by the
City of Tigard Planning Commission in November 2015.This approval was for a 30-lot Subdivision with
Planned Development, and also included a Sensitive Lands Review for steep slopes (25 percent or
greater),and an adjustment to allow a cul-de-sac in excess of 200 feet, serving more than 20 lots.The site
is zoned Medium-Density Residential (R-12).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.790 Variance and Adjustments
18.790.030 Adjustments
A. Development adjustments.
1. The following development adjustments shall be processed through a Type I procedure,
as provided in Section 18.710.050, using criteria in paragraph 2 of this subsection A:
a. Front yard setbacks. Up to a 25 percent reduction of the dimensional standards
for the front yard setback required in the applicable base zone. Setback of garages
may not be reduced by this provision.
b. Interior setbacks. Up to a 20 percent reduction of the dimensional standards for
the side and rear yard setbacks required in the applicable base zone.
c. Lot coverage. Up to 5 percent increase of the maximum lot coverage required in
the applicable base zone.
The request is to reduce the rear yard setback from 15 feet to 12 feet (20 percent), which meets the
description of TDC 18.790.030.A.1.b. This request is a development adjustment and is being processed
through a Type I procedure.
2. The approval authority shall approve or approve with conditions a development
adjustment when all of the following are met:
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 percent), in
order to accommodate a deck of a particular design,which will be attached to the rear facade of a single-
family home. 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 40 feet of frontage on SW
Annand Hill Court. This criterion is met.
ADJ2018-00009 Annand Heights 2
d. There is not a reasonable alternative to the adjustment that achieves the desired
effect.
The applicant requests this development adjustment in order to accommodate a deck of a particular
design, which will be attached to the rear facade of a single-family home. As demonstrated above, the
applicant's proposal complies with the 20 percent 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 provided to:
X The applicant and owner
Final Decision:
A Development Adjustment is a Type I procedure.As such, the Director's decision is final for purposes
of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision is not appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON APRIL 4, 2018.
IFE AND BECOMES EFFECTIVE ON APRIL 5, 2018.
Questions:
If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS&tigard-or.gov.
`�-- April 4, 2018
APPROVED BY: Lina Smith
Assistant Planner
ADJ2018-00009 Annand I Ieights 3
APPLICANT
MATERIALS
City of Tigard RECEIVED
COMMUNITY DEVELOPMENT DEPARTMENT MAR 2 8 2018
CITY OF TlGARD
Ad
justment — Type I Application PLANNING/ENGINEERING
PROPOSAL SUM Y brief description): �4�e a-_
/ REQUIRED SUBMITTAL
lE'/ —A ELEMENTS
ZL) CJ S �
v/ Application Elements Submitted:
t
The owners of record of the subject property request an Adjustment ] Owner's Signature/Written
to th�CAa munity Development Code (please check one only): Authorization
Development Adjustment—Front Yard Setback,Interior Title Transfer Instrument or Deed
Setbacks and Lot Coverage Site/Plot Plan(2 copies)
Site/Plot Plan(reduced 81/2"x 11")
Special Adjustments:
�Applicant's Statement
❑ Adjustments to Subdivision standards (Addressing Criteria under Section 18.790.030)
❑ Reduction of Minimum Residential Density Filing Fee
❑ Washington Square Regional Center Density requirements
❑ Adjustments to Access and Egress Standards
❑ Adjustments to Parking Standards
❑ Adjustments to the Sign Code Avir o Q
❑ Adjustments to Wireless Communication Facilities Case No.(s): l
❑ Adjustments to Improvement Requirements Related Case No.(s)• hO Z 0 0 —0U3 N
❑ Adjustments to Downtown Connectivity Standards6�
Application Fee:
Property Address/Loeation(s): Application Accepted: Q
By: J�' Date: Z
Z4) &3 w -,--Z�Z
Date Determined Complete:
Tax Map and Tax Lot#(s): 2G_ZQAifD //006 L� By: S Date:
Site Size: �/;�-79J(t� L\C.ommwrityDevelopment\LandUse Applications\02['onnsand
Templates\Land Usc Applications Rev.12/14/2017
Applicant:h a,6
Address:
*When the owner and the applicant are
City/state: Zip: !F different people,the applicant must be the
purchaser of record or a lessee in
Primary Contact: possession with written authorization from
the owner or an agent of the owner.The
Phone:�i owner(s)must sign this application in the
space provided on the back of this form or
submit a written authorization with this
Property Owner/Deed Holder(s)*: (Attach list if more than one) application.
Name: .:�n 41
�T
Address:
City/state: Zip:
City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 0 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 APPLICANT{S} SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subjecTpe�..
• 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.
A p cant/Authorized Agent signature A nt 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
Washington County,Oregon 2017-088379
RECORDING REQUESTED BY: D-DBS
Stn-o C WHITE 11!08/2017 01:21:23 PM
+M La ers Title S10.00$11.00 S5.00 S20.00 $46.00
n
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
6000 Meadows Rd, Ste 100 Officio County Clerk for Washington County.Oregon,do hereby
Lake Oswego,OR 97035 certify that the within instrument of writing was received and
recorded in the book of records of said county.
GRANTOR'S NAME: Richard Hobernicht.Director of
Annand Hill, LLC Assessment and Taxation.. Ex-Officio
GRANTEE'S NAME:
Windwood Construction, Inc.
AFTER RECORDING RETURN TO:
Windwood Construction Inc., an Oregon corporation
Lot 12 and 30 Annand Heights
Tigard,OR 97223
SEND TAX STATEMENTS TO:
Windwood Construction Inc.
cD Lot 12 and 30 Annand Heights
N Tigard, OR 97223
0
t`
Lot 12 and 30 Annand Heights,Tigard, OR 97223
00 SPACE ABOVE THIS LINE FOR RECORDER'S USE
BARGAIN AND SALE DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
a�
a
� Annand Hill, LLC, an Oregon limited liability company, Grantor, conveys to Windwood Construction Inc., an
Oregon corporation, Grantee, the following described real property, situated in the County of Washington, State
of Oregon,
Lots 12 and 30, ANNAND HEIGHTS, in the City of Tigard, County of Washington and State of Oregon,
according to the plat recorded August 4, 2017 as Recorder's Fee No. 2017-062115, Records of Washington
County, Oregon.
The true consideration for this conveyance No Dollars And No/100 Dollars ($0.00). (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(Bargain and Safe-Statutory Form) Printed: 11.02.17 @ 02:21 PM by VG
ORD1281.doc/Updated: 05.01.17 Page 1 OR-LT-FXEB-01060.474578-871702636
BARGAIN AND SALE DEED - STATUTORY FORM
(continued)
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
Dated: f ' 2
Annand Hill, LLC
ByeM. Dalce
Richards, Manager of Annand Hill, LLC
State of ( -)L)
County of
This instrument was acknowledged before me on + 1 � r by M. DALE RICHARDS as
MANAGER of ANNAND HILL, LLC., on its behalf.
Notary Public- State of Oregon
ff
i i n Expires: 1 Gi
My Comm ss•
OFFKX4L STAMP
VICKI ANN GILLESPIE
NOTAAy PaUg -OREQOIV
#Aft
COXM
C*M +f MV'S WVEMBERISSION NO. �06,2020
Deed(Bargain and Sale-Statutory Form) Printed: 11.02.17 Co,02:21 PM by VG
ORD1281.doc/updated: 05.01,17 Page 2 OR-LT-FXES-01060.474578-871702636
3/27/2018
WINDWOOD CONSTRUCTION INC.
12655 SW NORTH DAKOTA STREET
TIGARD OREGON 97223
CCB 50196
LOT 12 ANNAND HEIGHTS 10993 SW ANNAND HILL COURT SETBACK ADJUSTMENT
LOT 112 ANNAND HEIGHTS IS A HOME FOR THE SUB-DIVISION WINDWOOD IS REQUESTION A SET BACK
ADJUSTMENT TO ONE REAR YARD. WE ARE REQUESTING REAR YARD ADJUSTMENTS RELATED TO
18.370.020. WE ARE REQUESTING A SETBACK ON THE NORTH REAR YARD . THE NORTH SETBACK WILL
BE REDUCED 20% FROM 15 FEET TO 12 FEET.THIS ADJUSTMENT WILL MAKE OUR DECK FIT ON THE LOT
AND WILL HELP ACHIEVE A BETTER SITE LAYOUT, AND DECK SPACE. WE ONLY NEED 2 FEET
ADJUSTMENT TO ACHIEVE OUR DECK LAYOUT. ACTUALLY LESS THAN THE THREE FEET ALLOWED.
THESE ADJUSTMENTS WILL NOT IMPEED ANY EMERGENCY ACCESS TO THE SITE IN ANY WAY.
BASED ON THE PLAN AND THE LOT, THERE IS NOT ANY OTHER ALTERNATIVE THAT IS EFFECTIVE TO
ACHIEVE THE DESIRED EFFECT.
THANKYOU FOR YOUR CONSIDERATION .
REGARDS
M.DALE RICHARDS, PRESIDENT
WOWWOOD CONSTRUCTION INC.