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ADJ2018-00008 ADJ2018 - 00008 ANNAND HEIGHTS NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2018-00008 ANNAND HEIGHTS 120 DAYS = August 1, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Annand Heights CASE NO.: Development Adjustment(ADJ) ADJ2018-00008 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 11 of the approved Annand Heights Planned Development (Case Nos. PDR2015-00008, SUB2015-000135 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: 10985 SW Annand Hill Court;WCTM 2S110AD,Tax Lot 10900 ZONING DESIGNATION: R-12 (PD): 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 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 W. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ADJ2018-00008 Annand Ileights 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is Lot 11 of the approved Annand Heights Planned Development (Case Nos. PDR2015-00008, SUB2015-000135 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. ADJ2018-00008 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. AND BECOMES EFFECTIVE ON APRIL 5, 2018. Questions: If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCSktigard-or.gov. April 4, 2018 APPROVED BY: Lina Smith Assistant Planner ADJ2018-00008 Annand I Icights 3 APPLICANT MATERIALS RECEIVED City of Tigard MAR 2 8 2018 �� COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TiGARD Adjustment — Type I Application PLAN NING./ENGINEERING PROPOSAL SUMMARY(brief description):25'- GL REQUIRED SUBMITTAL In S ELEMENTS Application Elements Submitted: The owners of record of the subject property request an Adjustment n_&ner's Signature/Written to the Community Development Code (please check one only): Authorization KDevelopment Adjustment—Front Yard Setback,Interior ff-Title Transfer Instrument or Deed Setbacks and Lot Coverage Site/Plot Plan(2 copies) .>,te/Plot Plan(reduced 8'/2"x 11") Special Adjustments: Applicant's Statement ❑ Adjustments to Subdivision standards (Addressing Criteria under Section 18.7911.030) ❑ Reduction of Minimum Residential Density g Fee ❑ Washington Square Regional Center Density requirements ❑ Adjustments to Access and Egress Standards ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities Case No.(s): AZZ01 6 p -0000� ❑ Adjustments to Improvement Requirements Related Case No.(s): ❑ Adjustments to Downtown Connectivity Standards 361 Application Fee: Property Address/Location(s): Application Accepted: 1- II Z J By: �- Date: S Date Determined Complete: f� Tax Map and Tax Lot#(s):�5l G' �' By; Date: —/� zJ Site Size: Gf J Ze 1:\Ccmmunity DeveiopmentVAnd Use Applicxtinns\02 roans and Templates\Land Use AppGcaeons An•.12/14/2017 Applicant: Address:���`� �cu /VD�j`L.�,� ,(�/�f�/,�. -�–� When the owner and the applicant are City/state:T —zip: different people,the applicant must be the zl purchaser of record or a lessee in Primary Contact: / possession with written authorization from Phone: 5-�S 7fl�J-V7S Email: ��t,�ZLcr�d�nTrAz',.5A.1 cu�� the owner or an agent of the owner.The _ owner(s)must sign this application in the c 9,0 Gc!•�.�G 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: zff2e/1'� Address: City/state: Zip: 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 each owner of the subject property required. Appcant/Authorized Agent signature Prin name DZto l Z-f 3Z�- Oi;ner 's signature Tint 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 2017-072828 RECORDING REQUESTED BY: D-DBS IN INSPStn= S 09114!2017 10:57:58 AM O S AK LaAA Prs Title �,o 00�,, oa S oo S2�oo $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. AFTER RECORDING RETURN TO: Richard Hobernicht. Director of Windwood Construction Inc., an Oregon corporation Assessment and Taxation. Ex-Officio 12655 SW North Dakota Tigard, OR 97223 SEND TAX STATEMENTS TO: Windwood Construction Inc. 12655 SW North Dakota Tigard, OR 97223 R0489732 and R0491131 Lot 11,Annand Hill Court,Tigard, OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE r BARGAIN AND SALE DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) �-- Annand Hill LLC, an Oregon limited liability company who acquired title as 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, Lot 11, ANNAND HEIGHTS, in the City of Tigard, County of Washington and State of Oregon, according to the plat recorded August 4, 2017 as Recorders Fee No. 2017-062115, Records of Washington County. Oregon. 1 The true consideration for this conveyance ZERO. (See ORS 93.030). 3 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 Sale-Statutory Form) Printed 09.13.17 @ 11.46 AM by VG ORD1281.doc/Updated: 05.01.17 Page 1 OR-LT-FXEB-01060.474578-871702072 BARGAIN AND SALE DEED - STATUTORY FORM (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the dates)set forth below. Dated: Annand Hill LLC, an Oregon limited liability company BY: M. ale Richards, Managing Member State of County of CJ .22 This instrument was acknowledged before me on L� v� b M. DALE RICHA g y RDS as MANAGING MEMBER of ANNAND HILL, LLC, an Oregon limited liability company, on its behalf. Notary Public- State of Oregon My Commission Expires: h1 or-FICIAL STAMP s VICKI A"11N GILLESPIE NO i ARY PUBLIC -OREGON COMtAIS•SION NO.956080 SAY COtd�A1S�IQ^t�'�?tu,ES NOVttnBER 06,2020 Deed(Bargain and Sale-Statutory Form) Printed: 09.13.17 @ 11:46 AM by VG ORD1281.doc/Updated: 05.01.17 Page 2 OR-LT-FXFB-01060.474578-871702072 Approved minimum setbacks: LU L Front: 15' '4'.AYY OF TIGARD 0 Porch: 12' ikpproved b PI nninrj - Side: 3' Date: 0 A/ Rear: 12' </ Garage: 20' initials* �11Q < N LJ I PRIVATE STORM DRAIN EASEMENT FOR 3' 34' 3' BENEFIT OF LOTS 1-15,AND WALL MAINTENANCE EASEMENT TO HOA 7' LU 6 r7x-F + en zz 1r)_ In DECK-­ 36 �AJ I Lf 372' Q i !PROPOSED RESIDENCE i i 0 0 HAZEL i BPC _j TB 374, LU I Cruor TO.T.O. GARAGE," 370' WAUK 6 T COr\1C( LTJ 740. 0' STREET TREES,TYP– LM or-CUM WATER SEPVICE—--- _P(BUILDER STORM DRAIN TO CONNECT WITH SANITARY sEWF 12 TO VERIFY LOCATION) fflzu CITY APPROVED CURB CUT 14,0' � 6 ?8z so SVV ANNAND HILL COURT 0 i 8fl OR A, 0 F-'i TI'%-714 T 1 96 _,/'­UF-1T�7L LEGAL DESCPIPTION S—1 LOT 11 — ANNAND HEIGHTS SW ANNAND HILL COU!-,)T TIGARD, OREGON L AM LOT AREA: 4,283) SQ FT IMPERVIOUS AREA 300 SQ.PT jbo()�,800145 FERRY ROAD DRIVEWAY 50 SQ.FT SUITE 201 COVFPED ENTRY LAKE OSWEGO,C)p 97035 WALKWAY 60 SQ.PT TOTAL S9.FT PLAN W. Y-ET PLOT PLAN DESCW: LO' A A 62 :FT P ERV AREA A IMP �OU9 F:DR DRIVEWAY 3b� IVE 5� 0 V F E ENTRY 6( T AL Vv AY 47 C _)TAL BUILDING.COVERAGE JOB "AZEL - L�UILDING FOOTPRINT 2.OQQ SQ.FT NAME-DATIn if2oll KKA SUNTEL HOME DESIGN,INC.11,3 NOT (�,K_)T INCLUDING OVr-RHANGS) LIABLE FOR TI-rt ACCURACY OF TI--C REV!WINOUX, 0 - TOPOGRAPHY INFORMAT0N. IT IS TOTAL LOT COV[-rA(--[- 58% K,P NWR,, THE SOLE RESPONSIBILITY OF TI`IF L�l iiLaR TO VERA Y ALL SITE A NORTHWEST DESIGN 9ITIONS,INCLUDING ANY FILL N OTHESITE, INFORM C ANY POTENTIANDAL FIELD —-------- )NS. 3/27/2018 WINDWOOD CONSTRUCTION INC. 12655 SW NORTH DAKOTA STREET TIGARD OREGON 97223 CCB 50196 LOT 11 ANNAND HEIGHTS 10985 SW ANNAND HILL COURT SETBACK ADJUSTMENT LOT 11 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, PRESID L__ WINDWOOD CONSTRUCTION INC.