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VAR1999-00010
EXHINT A NOTICE.OF TYPE II DECISION " R x: "VARIANCE NAR11999-00010 ti? ? qe CITY OF TIGARD :COLSONeFENCEVEIGHTVARIANCE CoYT! nT yF7 pineiit , '~x~~ ~ ~ ~':M,.. =.~56apirigA_Better.Comniunity: 120 DAYS = 9/16/99 SECTION I. APPLICATION SUMMARY COLSON FENCE HEIGHT VARIANCE CASE: VAR 1999-00010 PROPOSAL: The. applicant has requested Variance approval to construct a 6-foot-high fence within :a portion of the required front yard of a residential lot. The City of Tigard Development Code Section 18.745.050.C.2.a limits front yard fences to a maximum height of 3 feet. APPLICANT:, William & Tanya Colson OWNER: Same 14464 SW Mistletoe Drive Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre: The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 14464 SW Mistletoe Drive; WCTM 2S104CC, Tax Lot 6100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given tha4the,City of Ti and Communi Develo ment Director's designee „has APPROVED th'e above request. The findings andconclusions:on,• which the.decision is=based are.hbted m Sectibw1V,.Of this,•declsion ' i .gu-• 3a', 'rre a.'~~tiy a1<°y .q • A^:'E',.. =t' t,g gds a • =8, a w>.. • , s,::.'G.'sr as . :.:a,•,_a; I ro1,t?h.'...... . 4•'...sY. i *.e a: • ..r.. '„0.a.;",; =THIS APPROVAL SHALCI,BE VALID `Fre OR 18' MONTHS v ..^'=<'f "s.~`y"~ • i..: .P 'e'.^t, i',. GS, iS\==w,R ~t3~ Y`$ i ..l e h~3 ° FROM ®"THE E-FFECTIVE-DATE,"OFj'THIS~DECISIO,N e k . F; ::c•s;" :i'`::: :sa,'a:.k F ;NOTICE OF TYPE 11 DECISION VAR 1999-00010 -*COLSON FENCE HEIGHT VARIANCE PAGE 1 OF 5 SECTION III. BACKGROUND INFORMATION Site History: No previous land use applications are on file for this property. Vicinity Information: The subject property is located in a residential subdivision (Hillshire Woods), north of SW Bull Mountain Road. The lot is located south~of SW Mistletoe, at the southwest end of the subdivision, abutting the Bonneville Power Administration (BPA) tract. Site Information and Proposal Description: The subject* property is approximately 24,000 square feet in size and is developed with a single-family dwelling. The applicants propose to construct a 6-foot-high fence around their rear and side, yard. The subject property is approximately 200 feet wide and 120 feet deep. The house is situated in. the eastern portion of the lot so that a significant portion of the useable yard area is t6the west of the lot. As indicated on the site plan, the proposed fence will enclose the rear and side yard area., The fence will not run in front of the house. Section 18.745.050.C.2.a states that fences may not exceed 3 feet in height in a required front yard along local streets. Southwest Mistletoe is a local street on the Comprehensive Plan Transportation Map. Although the proposed fence will not be located in front of the house, it will be located within the required front yard. The Development Code defines the front yard as an area "extending across the full width of the lot" (TMC 18.120.030.146). The depth of the front yard is determined by the setback of the underlying zone (15 feet in the R-7 zone). i The variance request is based on the assertion that the location and unusual shape of the lot justifies departure from -the standard. , Because the lot is much wider than it is deep, most of the useable yard area is located to the side of the house. Because of the location of the lot adjacent to the BPA tract, no home, lot or street will ever be developed directly adjacent-to the west property line of the subject property. Approval of the proposed variance would leave the area in front of the house and a partial "side yard" unfenced. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCE -APPROVAL STANDARDS: Section .18.370.010.A states.a Variance may be granted from the applicable zoning . requirements of this title where it can be shown that,* owing to special and unusual circumstances related to a specific property, the literal - interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. Section 18.370.010.C.2 states the Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: NOTICE OF TYPE 11 DECISION VAR 1999-00010 - COLSON FENCE HEIGHT VARIANCE PAGE 2 OF 5 The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; While the Development Code does not specifically state the purpose of the 3-foot fence height limitation in front yards, it is reasonable to conclude that the intent of this code provision is to promote a safe and pedestrian-friendly neighborhood environment. The fact that the 3-foot height limit applies only to local streets supports this assumption. Lower fences may help create pedestrian friendly neighborhoods by preserving views of the street from adjacent homes, encouraging slower traffic speeds and preserving vision clearance around intersections and driveways. In contrast, fences up to 6 feet high. may be permitted in front yards adjacent to designated arterial and collector streets (TMC 18.745.050.C.2.b), however, new residential development is not permitted to take direct access from collector and arterial streets. Since the Development Code defines the "front yard" as an area extending the entire length of a lot's frontage, the proposed 6-foot-high fence will be located in a portion of the required front yard. However, Staff finds that this will not compromise the intent of the code since the front of the house, plus an additional 33 feet of front yard frontage will be unfenced (a total of 100 feet of lot frontage). This is two times the minimum lot width for the R-7 zone and almost 50% more than the average width of neighboring lots (according to the Washington County Tax Assessor's Map, lots in.the vicinity are typically about 70 feet wide). Furthermore, since the subject property is essentially "at the end of the street" in that no lots or homes will ever be developed directly adjacent, Staff finds that approval of the variance will not be detrimental to other properties in the vicinity. There are special circumstances that exist which are.peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; As noted earlier, the subject lot is approximately 220 feet wide and 120 feet deep. Typical lots in the vicinity have-similar depths but are, only about 70 feet wide. The unusual shape Nand atypical size is apparently due to the location of the abutting BPA tract and a PGE (Portland General Electric) power-line easement, which crosses the property. No other lots in the vicinity have a similar situation. The use proposed will be the same as permitted under this-title and City standards. will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The use of the property is single-family residential, an outright permitted use in the underlying R-7 zoning district. The use will not change as a result of approval of this variance. f Existing physical and natural- systems, such.as but not limited to traffic drainage dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The 'proposal is to allow a 130-foot portion of a residential fence to be 6 feet high where the maximum height according to the code is.3 feet. The proposed fence will not impact any vision clearance area and no other adverse impacts to physical or natural systems have been identified as potential results of a variance approval. NOTICE OF TYPE 11 DECISION VAR 1999-00010 - COLSON FENCE HEIGHT VARIANCE PAGE 3 OF 5 The hardship is not self-imposed and the 'variance requested is the minimum variance which would alleviate the hardship. The hardship in this case is the loss of use of an otherwise useable portion of the lot. The applicants could legally build a 3-foot fence in the proposed location or build a 6-foot fence that conforms to the code by placing it 15 feet back from the property line. The length of this portion of the fence is approximately 130 feet, which translates to as much as 1,950 square feet (15 x 130 = 1,950) of yard area. This 'portion of the yard would be "cut-off' from. the rest of the yard and be of little practical use to the property owners. In as much as the Development Code permits fences up to 6-feet high outright in side and rearyards, and .a 6-foot fence is typical in. residential applications, the variance requested is the minimum that would alleviate the hardship. SECTION V. OTHER STAFF COMMENTS The City of Tigard. Engineering Department, Operations Department and Police Department have had the opportunity to review this proposal and offered no comments or objections. SECTION VI. AGENCY COMMENTS Portland General Electric had the opportunity to review this proposal and offered no comments or objections. SECTION'VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS RNAL ON JUNE 16, 1999 AND BECOMES EFFECTIVE ON JULY 2, 1999 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. -.may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard. Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF TYPE 11 DECISION VAR 1999-00010 - COLSON FENCE HEIGHT VARIANCE PAGE 4' OF 5 Unless the applicant is the appellant, the hearing on an appeal from the Director's. Decision shall.be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal.hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON JULY 1, 1999.:] Questions: If you have any questions, please call. the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. J June 16. 1999 PREPARED BY: Mark J. R berts DATE Associate Planner - ex`' June 16. 1999 APPROVED BY: Richard Bewersdo DATE Planning Manager is\cu rpln\mjr\var\var99-10.dec NOTICE OF TYPE 11 DECISION VAR 1999-00010- COLSON FENCE HEIGHT VARIANCE PAGE 5 OF 5 3 w / r X CA '(p 4zl~l atr 03 i ~3 J f N sm-,Iq 1 i-=1zII~IIi ~ r I Z'm I! o II mm'GZI rrl - Y CITY OF TIGARD PLANNING DIVISION CITY of GEOGRAPHIC INFORYAiION SYSTEV VICINITY MAP S 3 p SWTq VAR 1999-00010 SW jENNq CT COLSON FENCE 02 HEIGHT VARIANCE ~ s SUBJECT SITE EX 3 X55 ~ , S~, TLEjO 3'!y s~ " FJO~OR ~`op _ v o SW HILLSHIRE DR f W CT ~V4 A y owa q _ SW ALP IN VEW p 400 800 eet 1"= 591 feet ~~U ALPINE 0 sw LEAH T~ ~ 3 Ctty of Tigard ODU Information on this map is for.general location only and $W - should be verified with the Development Services Division. ULL MTN RD 13125 SW Hall Blvd ,tt, 0 Tigard, OR 97223 P 2 (503) 639-4171 D http:/h~.ci.figard.or.us f fn Plot date: May 28,1999; C:Xmagic\MAGIC03.APR Community Development EXHIBIT B 2S 10400-01500 2S 104CC-02700 TIG D C Y OF HUTCHENS CRAIG D& LORI A 1312 HALL 13983 SW HILLSHIRE DR J4C ARD, R 97223 TIGARD, OR 97223 2S 400-01600 2S104CC702800 TIGA Ty OF THEDE SCOTLAND JOEL & 131 S HALL 13989 SW HILLSHIRE DR CARD, 0 .97223 TIGARD, OR 97223 2S 104CC-00700 2S 104CC-02900 MILLER LARRY G & CAROLYN D ARCIERO MARC A & CAMILLE L 14249 SW MISTLETOE DR 13995 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 2S 104CC-00800 2S 104CC-03000 BOLOTIN JAKE 8 WHITE RICHARD L & CANDACE J 14275 SW MISTLETOE DR 13999 SW HILLSHIRE DR TIGARD, OR.97223 TIGARD, OR 97223 2S 104CC-00900 2S 104CC-03100 BLASKOWSKY ROBERT W & BODENHAMER DAVID J & DEBRA C 14031 SW MISTLETOE DR 13998 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97224 2S 104CC-01100 2S 104CC-03200 KHALIL MOHAMMAD M & MAHA R FLOOM JAY C & AMY D 14284 SW MISTLETOE 13992 SW HILLSHIRE DR' TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-01200 2S 104CC-03300 KROLIKOSKI KENNETH & MOZNETTE JAMES S & SHARIN 14252 SW MISTLETOE DR 13986 SW HILLSHIRE DR PORTLAND, OR 97223 TIGARD, OR 97223 2S 104CC-02400 2S 104CC-03400 MINOR STANLEY P & BETTY J BONES BRIAN H & CAROL S 13951 SW HILLSHIRE DR 13974 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97224 2S 104CC-02500 2S 104CC-03500 NIGAM INDRA B ABBEY DON MICHAEL & LORA 13969 SW HILLSHIRE DR 13962 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 2S 104CC-02600 2S 104CC-03600 HORTON STEVEN C & REBECCA L FARBER DAVID M 13977 SW HILLSHIRE DR 13958 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 .2S104CC-04400 2S104CC-06300 ' SMITH BRYAN F HAWKES RICHARD H & CATHERINE A PO BOX 2315 13767 SW ASCENSION DR LAKE OSWEGO, OR 97035 TIGARD, OR 97223 2S 104CC-04401 2S 104CC-06400 LAMOUREUX RIC & LORI E HOWELLS PETER J &.SUSAN L 13765 SW ESSEX DR 13725 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 . 2S 104CC-04500 2S 104CC-06500 STRATTON WILLARD F & CHERYL KAY SHIELDS LAWRENCE R & JILL M 13747 SW ESSEX DR 13691 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 4CC-05 0 2S104CC-06600 TIGAPYIPT Y OF HALLMARK MAUREEN LEE ~13125 HALL PO BOX 23956 `TI'GARD, 97223. TIGARD, OR 97281 2S 104CC-05700 2S 104CC-06700 NELSON MARK B & MCEWING VIRGINIA A & DONALD 14306 SW MISTLETOE DR 13657 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-05800 2S 104CC-08000 MCCORMICK MICHAEL W.& ELIZABETH BLOOD ROBERT A JR & 14328 SW MISTLETOE DR 13680 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-05900 2S 104CC-08100 JOHNSON PETER T & ANN B ENDERS ROBERT N & 14370 SW MISTLETOE DR 13700 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S104CC-06000 2S104CC-08200 BUCKLEY ROBERT W & MARTIE H HARELAND SCOTT A & SUSAN M 14442 SW MISTLETOE DR 13722 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-06100 2S 104CC-08300 COLSON WILLIAM D & SVELA BRUCE P & JANICE R 14464 SW MISTLETOE DR 13784 SW ASCENSION DR TIGARD, OR 97224 TIGARD, OR 97223 2S 104CC-06200 104CC-08400 GEARHART THOMAS Ivl & TI RD CI /F 14455 SW MISTLETOE DR .13125 HALL TIGARD, OR 97223 ARD, O 97223 2S105DD-02000 2S109BB-02904 COSTIUC CONSTANIN & ADRIANA EHLSHIDE CLYDE W/RITA A PO BOX 230943 14355 SW HIGH TOR DR TIGARD, OR 97281 TIGARD, OR 97224 2105DD-02100 2S109BB-02905 COS IUC C TANTIN & ADRIANA MAGNUSON THEODORE W AND PO BO 30943 14405 SW HIGH TOR DRIVE T RD, 0 97281 TIGARD, OR 97224 2S105DD-02200 WILLIAM', & TANYA COLSON HEDEMANN EDWARD & 14464 SW MISTLETOE DRIVE 13620 SW BEEF BEND RD SP 21 TIGARD OR 97223 TIGARD, OR 97224 2S105DD-02300 BEN-HUR DEVIN E AND 14675 SW SUNRISE LN TIGARD, OR 97224 2S 105DD-02400. REIMANN DAVID A & KATHLEEN K 14625 SW SUNRISE LN TIGARD, OR 97223 2S108AA-04000 MOORE TERRY L & KRISTIN N 14647 SW PEAK CT TIGARD, OR 97224 2S108AA-04100 SCOTT.THOMAS R & CYNTHIA L 14623 SW PEAK CT TIGARD, OR 97223 2S108AA-04200 WILSON RIC JAMES 14601 SW PEAK CT TIGARD, OR 97224 2S109613-02901 PORTLAND GENERAL ELECTRIC 121 SW SALMON ST PORTLAND, OR 97204 2S109BB-02903 BRANDT HERBERT M 14305 SW HIGH TOR DR' TIGARD, OR 97224 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Shqpiny.A (Better Community s7Arl~ OF OREGON ) County of Washington ) ss. City of Tigard 1, Tatricia L. Lansford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specia&t II for the City of TWard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Bebw) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: 2~7 ❑ AMENDED NOTICE (File NoJName Reference) 0 City of Tigard Planning Director ❑X NOTICE OF DECISION FOR: VAR 1999-00010/COLSON FENCE HEIGHT VARIANCE ❑ AMENDED NOTICE (File NoJName Reference) Q City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: Vt7 ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Headng) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FINAL ORDER NO. FOR: E~7 .1 ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard. Hearings. Officer ❑ . Tigard Planning Commission ❑ Tigard City Council NOTICE (Type/Kind of Notice) FOR: k~!7 I (File NoJName Reference) (Date of Public Hearing, if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEIS] of which is attached, marke hibit "A was. mailed to each named person(s) at the address(s) shown on the'attached list(s), marked EM I "B n the 1NI day of MR 1999, and depo ' ed in the United. States Mail' on the 1T" day of June, 1999, postage pr aid. (Person that epare otic Subscribed and sworn/affirmed before a on the _M- 71day of 9 OFFICIAL SEAL DIANE M JELDERKS Y PUBLIC "OF OBEr NOTARY PUBLIC-OREGON COMMISSION NO. 046142 NIy Commission Expires: % MY COMMISSION EXPIRES SEPTEMBER 07, 1999 EXHIBIT A NOTICE TO MORTGAGEE, LIENHOAR, VENDOR OR SELLER: 0 THE TIGARD<DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USEAPPLICATION Community (Development SITE. DEVELOPMENT REVIEW Oun OF TIGARD Shaping,4 (Better Community 11 500-FOOT PROPERTY OWNER NOTICE DATE OF NOTICE: May 28, 1999 FILE NAME/NO.: VARIANCE (VAR) 1999-00010 COLSON FENCE HEIGHT VARIANCE PROPOSAL: A request for Variance approval to place a 6-foot high fence in a portion of the front yard of a single-family residential lot where the Community Development Code requires a maximum fence height of 3 feet in required front yards. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites 'for single- family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision Making Procedures); 18.510 (Residential Zoning Districts); 18.745 (Landscaping and Screening);and 18.795 (Visual Clearance Areas). LOCATION: 14464 SW Mistletoe Drive. The subject property is located at the west terminus of SW Mistletoe Drive, directly east of the Bonneville. Power Administration tract, which. runs north' south through the, Urban Planning Area. WCTM 2S104CC, Tax Lot 6100. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON JUNE 11, 1999. All comments should be directed to Mark J. Roberts. Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard; Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; i Comments that provide the basis for an appeal to the Tigard Planning Commission must address the relevant approval criteria with sufficient specificity on that issue. PROPERTY OWNER NOTIFICATION Failure of any party to address46relevant approval criteria with Oficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE' ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and ,all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and, any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." VICINITY MAP - VAR 1999-00010 SW JfN CT _ 3 COLSON FENCE HEIGHT VARIANCE SUBJECT e+Q~ aa~o SITE A"~S m I i ETD R 3}y sr~ wyr~ Q I 3 ~OF c~Q ~ r O,fl P I SW HILLSHIRE DR g N F C WV HIG A N N ~ 1•• ]01 b.l ~ ~ ~2~ upwE y City of Tigard hYprmrtim pn NI. nup I. br Om.nl bf+Wn qYy Yq TN RD tlwea a vMe.a.tu w Drv.bpnnl b.rha. Oiwio _ - _ ~puLLIT~.1 III{-~\J1I 1]I]]6W IW &M I (SO]I!]HI)1 Mp:Mrw.tl.tlpu0.-.p. ) • • EXHIBIT B LS1\0400-01500 2S104CC-02700 TI6RRD7Y OF HUTCHENS CRAIG D & LORI A 1312 W HALL 13983 SW HILLSHIRE DR ~JfGARD, R 97223 TIGARD, OR 97223 2S N400-01600 2S 104CC-02800 TIGARO Ty OF THEDE SCOTLAND JOEL & 131 S HALL 13989 SW HILLSHIRE DR GARD, 0 97223 TIGARD, OR 97223 2S104CC-00700. 2S104CC-02900 MILLER LARRY. G & CAROLYN D ARCIERO MARC A & CAMILLE L 14249 SW MISTLETOE DR 13995 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 2S 104CC-00800 2S 104CC-03000 BOLOTIN JAKE & WHITE RICHARD L & CANDACE J 14275 SW MISTLETOE DR 13999 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97223 2S104CC-00900 2S104CC-03100 BLASKOWSKY ROBERT W & BODENHAMER DAVID J & DEBRA C , 14031 SW MISTLETOE DR 13998 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97224 2S 104CC-01100 2S 104CC-03200 KHALIL MOHAMMAD M & MAHA R FLOOM JAY C & AMY D 14284 SW MISTLETOE 13992 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-01200 2S 104CC-03300 KROLIKOSKI KENNETH & MOZNETTE JAMES S & SHARIN 14252 SW MISTLETOE DR 13986 SW HILLSHIRE DR PORTLAND, OR 97223 TIGARD, OR 97223 2S 104CC-02400 2S 104CC-03400 MINOR STANLEY P & BETTY J BONES BRIAN H & CAROL S 13951 SW HILLSHIRE DR 13974 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97224 2S 104CC-02500 2S 104CC-03500 NIGAM INDRA B ABBEY DON MICHAEL & LORA 13969 SW HILLSHIRE DR 13962 SW HILLSHIRE DR TIGARD, OR 97224 I TIGARD, OR 97223 2S 104CC-02600 2S 104CC-03600 HORTON STEVEN C & REBECCA L FARBER DAVID M 13977 SW HILLSHIRE DR 13958 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 ' S104CC-04400 2S104CC-06300 SMITH BRYAN F HAWKES RICHARD H & CATHERINE A PO BOX 2315 13767 SW ASCENSION DR LAKE OSWEGO, OR 97035 TIGARD, OR 97223 1 2S 104CC-04401 2S 104CC-06400 LAMOUREUX RIC & LORI E HOWELLS PETER J &,SUSAN L 13765 SW ESSEX DR 13725 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-04500 2S 104CC-06500 STRATTON WILLARD F & CHERYL KAY SHIELDS LAWRENCE R & JILL M 13747 SW ESSEX DR 13691 SW ASCENSION DR TIGARD, OR 97223' TIGARD, OR 97223 2S 4CC 05 0 2S104CC-06600 TIGA Y OF HALLMARK MAUREEN LEE 135 HALL PO BOX 23956 `TIGARD, 97223 TIGARD, OR 97281 2S 104CC-05700 2S 104CC-06700 NELSON MARK B & MCEWING VIRGINIA'A & DONALD 14306 SW MISTLETOE DR 13657 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-05800 2S 104CC-08000 MCCORMICK MICHAEL W & ELIZABETH BLOOD ROBERT A JR & 14328 SW MISTLETOE DR 13680 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-05900 2S 104CC-08100 JOHNSON PETER T & ANN B ENDERS ROBERT N & 14370 SW MISTLETOE DR 13700 SW ASCENSION DR TIGARD, OR 97223 TIGARD, OR 97223 2S 104CC-06000 2S 104CC-08200 BUCKLEY ROBERT W & MARTIE H HARELAND SCOTT A & SUSAN M 14442 SW MISTLETOE DR 13722 SW ASCENSION DR TIGARD,.OR 97223 TIGARD, OR 97223 2S 104CC-06100 2S 104CC-08300 - COLSON WILLIAM D & SVELA BRUCE P & JANICE R 14464 SW MISTLETOE DR 13784 SW ASCENSION DR TIGARD, OR 97224 TIGARD, OR 97223 2S104CC 06200 N 104CC-08400 GEARHART THOMAS M & TI RD CI OF 14455 SW MISTLETOE DR 13125 HALL TIGARD, OR 97223 TI ARD, O 97223 n LS105DD-02000 2S109BB-02904 COSTIUC CONSTANIN & ADRIANA EHLSHIDE CLYDE W/RITA A PO BOX 230943 14355 SW HIGH TOR DR, TIGARD, OR 97281 TIGARD, OR 97224 105DD-02100 2S109BB-02905 COS IUC C TANTIN & ADRIANA MAGNUSON THEODORE W AND PO BO 30943 14405 SW HIGH TOR DRIVE T RD, 0 97281 TIGARD, OR 97224 2S105DD-02200 HEDEMANN EDWARD & 13620 SW BEEF BEND RD SP 21 TIGARD, OR 97224 2S105DD-02300 BEN-HUR DEVIN E AND 14675 SW SUNRISE LN TIGARD, OR 97224 2S 105DD-02400 REIMANN DAVID A & KATHLEEN K 14625 SW SUNRISE LN TIGARD, OR 97223 2S108AA-04000 MOORE TERRY L & KRISTIN N 14647 SW PEAK CT TIGARD, OR 97224 2S108AA-04100 SCOTT THOMAS R & CYNTHIA L 14623 SW PEAK CT TIGARD, OR 97223 2S108AA-04200 WILSON RIC JAMES 14601 SW PEAK CT TIGARD, OR 97224 2S109BB-02901 PORTLAND GENERAL ELECTRIC 121 SW SALMON ST PORTLAND, OR 97204 2S1091313-02903 BRANDT HERBERT M 14305 SW HIGH TOR DR TIGARD, OR 97224 CITY OF TIOARD AFFIDAVIT OF MAILING Community (Development ShapingA Better Community STXIr OT OREGON ) County of Washington ) ss. City of Tigard ) I (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose, and say that I am an Administrative Speciafist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) 9 NOTICE OF PENDING LAND USE APPLICATION FOR: VAR 1999-000101COLSON FENCE HEIGHT VARIANCE ❑ AMENDED NOTICE (File NoJName Reference) Q City of Tigard Planning Director ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File NoJName Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: 0~7 / ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FINAL ORDER NO. FOR: E::7 ❑ AMENDED NOTICE (File NoJName Reference) (Date of Public Hearings) .0 City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission 0 ' Tigard City Council H NOTICE OF (Type/Kind of Notice) FOR: 2t7 I (File NoJName Reference) (Date of Public Hearing, If applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked Ex -bit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit! the 280 da~ of Ma -199 d deposited in the United States Mail on the 280 day of May, 1999, postage prepaid. (Pers t Prep ice) Subscribed and sworn/affirmed before me on the day of 19 0 OFFICIAL SEAL DIANE M JELDEAICS LIC OF DRAW NOTARY PUBLIC•OREQON _ c~ COMMISSION NO. 046142 MY Commission Cs: / MY COMMISSION EXPIRES SEPTEMBER 07, 1 959 e6 / • • REQUEST FOR COMMENTS CITY OFTIGARD Community (Development ShapingA Better Community DATE: May 28,1999 TO: Jim Wolf, Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division . STAFF CONTACT: Mark Roberts, Associate Planner [x3151 Phone: 150316394111/Fax: 15031684-1291 V VARIANCE (VAR) 1999-00010 0 ➢ COLSON FENCE HEIGHT VARIANCE Q o Variance approval to place a 6-foot high fence in a portion of the front yard of a single-family residential lot where the Community Development Code requires. a maximum fence height of 3 feet in required front yards. LOCATION: 14464 SW Mistletoe -Drive.` The subject property is located at the west terminus of SW Mistletoe Drive, directly east of the Bonneville Power Administration tract, which runs north-south through the Urban Planning Area; WCTM 2S104CC, Tax Lot 6100. * ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision Making Procedures); 18.510 (Residential Zoning Districts); 18.745 "(Landscaping and Screening);and 18.795 (Visual Clearance Areas). Attached are the Site Plan, Vicinity Map and ApplicanYS Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will'be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 11, 1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (T(ease provide the fo&nving information) Name of Person[sl Commenting: U vJo1~ Phone Numbeirls): VAR 1999-00010 COLSON FENCE HEIGHT VARIANCE REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OFTIGARD Community (Development ShapingA Better Community DATE: May 28,1999 TO: John Roy, Property Manager/Operations Department RECEIVED PLANNING FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts. Associate Planner 1:x3151 JUN 0 3 1999 Phone: 15031639-4111/Fax: 15031684-1291 U Y ur I, IUAHD / VARIANCE (VAR] 1999-00010 0 COLSON FENCE HEIGHT VARIANCE Q o Variance approval to place a 6-foot high fence in a portion of the front yard of a single-family residential lot where the Community Development Code requires a maximum fence height of 3 feet in required front yards. LOCATION: 14464 SW Mistletoe Drive. The subject property is located at the west terminus of SW Mistletoe Drive, directly east of the Bonneville Power Administration tract, which runs north-south through the Urban Planning Area; WCTM 2S104CC, Tax Lot 6100. ZONE:. Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision Making Procedures); 18.510 (Residential Zoning Districts);. 18.745 (Landscaping and Screening);and 18.795 (Visual Clearance Areas). Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies, and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 11, 1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard,-OR 97223. PLEAS HECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: ((Please provide the following information) Name of Person(s) Commenting: Phone Numberisi: VAR 1999-00010 COLSON FENCE HEIGHT VARIANCE REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OFTIGARD Community Devefopment ShapingA .Better Community DATE: May 28,1999 TO: Brian Rager, Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner [x3151 Phone: 150316394171/Fax: 15031684-7297 /P/P/P/.O/.P/O/O/4/O/O/O/O/O/O/.C7/P/.p/O/P/A/O/O/O/P/O/O/O/.P/P/.P/O/O/P/P/A/P/.p/.p/.p/.p/.O/.O/.O/O/O/.O/4/O/O/O/O/.O/.p/.p/O/.p/.p/.O/•O/P/.O/O/O/O/O/O/A/P/P/P/O/O/.O/.p/O/,O/O/O/O/A/A/O/O/4/.O/O/O/O/O/O/O/O/O/P/O/O/4.'~ o VARIANCE (VAR] 1999-00010 0 ➢ COLSON FENCE HEIGHT VARIANCE Q o Variance. approval to place a 6-foot high fence in a portion of the front yard of a single-family residential lot where the Community Development Code requires. a maximum fence height of 3 feet in required front yards. LOCATION: 14464 SW Mistletoe Drive. The subject property is located at the west terminus of SW Mistletoe Drive, directly east of the Bonneville Power Administration tract, which runs north-south through the Urban Planning Area; WCTM 2S104CC, Tax Lot 6100. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; - R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision Making Procedures); 18.510 (Residential Zoning Districts); 18.745 (Landscaping and Screening);and 18.795 (Visual Clearance Areas). Attached are the Site Plan, Vicinity Map and Applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 11, 1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY. We have reviewed the proposal and have no objections to it.. Please contact of our office. Please refer to the enclosed letter. Written comments provided below:. 44w 4(,e- It" Md IAA.,. (Please provide the folTowing information) Name of Person(s) Commenting: Phone Number[sL. VAR 1999-00010 COLSON FENCE HEIGHT VARIANCE REQUEST FOR COMMENTS 125.00' n \ 0 I Ea -77 FF . 103.00' 176 S ~ ~ I . 1 I G-,4 I ~~~1 ~ ~ ill ~,F,•F.E. 10.2.0' I \ / ~ ~ \ li J,_12!-6 EAS-EWT I I / ------.-----------JI y W14 L/K. t Del YEWAT' 4334' , 4930' 0, 739 _ - 36.40 ym CITY of m OEOO R'APNIC INFORMATION SYSTEM VICINITY MAP S 3 0 VAR 1999-00010 SW j CT . . COLSON FENCE HEIGHT VARIANCE s ~ of ~1 ~ SUBJECT SITE 4yG CO Sw LEC0 FOR p co SW HILLSHIRE DR U) oT y~ -)R n SW ALPIN VIEW _ 0 400 800 eet cr 1"=591 feet cf. ALPINE SW LEAH T,,, ~ 3 d .City UTigard to LfN Information on this map is for general location only and N should be verified with the Development Services Division. SW L MTN RD 13125 SW Han Blvd Tigard, OR 97223 Q = - (503) 639-4171 F ~ N D hrip://w`wv.ci.tigard.or.us Plot date: May 28,1999; C:\magiC\MAGIC03.APR Community Development REQUEST FOR COMMENTS CITY OFTIGARD Community (Development ' ShapingA Better Community DATE: May-28,1999 TO: Brian Moore, PIE Service Design Consultant FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner 10151 Phone: 15031639-4171/Fax: 15031684-7297 /O/O/O/O/4/.P/O/.f7/O/O/.P/O/O/.O/O/•O/O/O/O/O/O/O/O/4/O/O/O/A/.p/P/P/P/P/O/O/.P/4/.P/.P/.O/O/O/.P/O/O/O/O/O/p/P/P/.f//P/.O/.P/.p/P/P/.p/P/p/.f7/.p/O/O/O/O/P/4/O/O/A/O/P/O/.O/O/.P/O/O/O/O/O/O/P/O/.p/.p/O/.O/.O/O/O/O/O/O/Oi~ o VARIANCE [VAR] 1999-00010 0 o ➢ COLSON FENCE HEIGHT VARIANCE Variance approval to place a 6-foot high fence in a portion of the front yard of a single-family residential lot where the Community Development Code requires a maximum fence height of 3 feet in required front yards. LOCATION: 14464 SW Mistletoe Drive. The subject property is located at the west terminus of SW Mistletoe Drive, directly east of the Bonneville Power Administration tract, which runs north-south through the Urban Planning Area; WCTM 2S104CC, Tax Lot 6100. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached-Per Unit, 7 Units Per Acre; R-7. The purpose of the R-Tzoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 118.370-(Variances and Adjustments); 18.390 (Decision Making Procedures);-18.510 (Residential_Zoning. Districts); 18.745 (Landscaping and Screening);and 18.795 (Visual Clearance Areas): Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by Various departments and agencies and from oiheriliformation available to our staff, a. report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 11, 1999. You may use the space provided below or attach a separate' letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with•your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard. Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact of our office. _ P!ease.refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person(s) Commenting: Phone Number(s): S"lo -440 VAR 1999-00010 COLSON FENCE HEIGHT VARIANCE REQUEST FOR COMMENTS r I ' REQUEST FOR COMMENTS CITY OF TIOARD Community (Development ShapingA Better Community DATE: May 28,1999 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner [x315) Phone: 15031639-4171/Fax: [503) 684-1291 o VARIANCE (VAR) 1999-00010 ➢ COLSON FENCE HEIGHT VARIANCE Q o Variance approval to place a 6-foot high fence in a portion-of the front yard of a single-family residential lot where the Community Development Code requires a maximum fence' height of 3 feet in required front yards. LOCATION: 14464 SW Mistletoe Drive. The subject property is located at the ,west terminus of SW Mistletoe Drive, directly east of the Bonneville Power Administration tract, which runs north-south through the Urban Planning Area; WCTM 2S104CC, Tax Lot 6100. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per.Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision Making Procedures); 18.510 (Residential Zoning Districts); 18.745 (Landscaping and Screening);and 18.795 (Visual Clearance Areas). Attached are the Site Plan, Vicinity Map and Appllcant"s Statement for. your review. From information supplied by various departments and agencies. and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 11, 1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (cPfease provide the following information) Name of Person(s) Commenting: Phone Number(s): VAR 1999-00010 COLSON FENCE HEIGHT VARIANCE REQUEST FOR COMMENTS REQUEST FOR dOMMENTS9 NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS C'ITarea: IC1 [E) IS] (W) 9ITIANINV61, VEMENTiTEAMS (A Place forreview lnMary Cf b ol(s) FILE N01S)_ WvK \9~R -cc~cD~0 FILE NAMELS.1 CdUmKi rE~~ v k~ CITY OFFICES - LONG RANGE PLANNING/Nadine Smith, suparviaor COMMUNITY DVLPMNT. DEPT.I(mm". Sw .Txnniciam POLICE DEPTJJim Wolf, tune Prevention Orfc _ BUILDING DIVJDavid Scott, a,ranaonicm _ENGINEERING DEPT./Brian Rager, av,.t.P-i-Engi _ WATER DEPTJMichael Miller, utilities manager CITY ADMINISTRATION/Cathy Wheatley, Criya.c«a.r OPERATIONS DEPT./John Roy, PropertyManaper OTHER SPECIALIDISTRICTS _ TUAL. HILLS PARK 8 REC. DIST.O_ TUALATIN VALLEY FIRE & RESCUE CIF _TUALATIN VALLEY WATER DISTRICT ~ -UNIFIED SWRGE. AGENCY CIF Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington. County Fire District PO Box 745 155 N. First Street Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hillsboro, OR 97124 LO~ALAND.~STATE~IURISDICTIONS _ CITY OF BEAVERTON _ CITY OF TUALATIN _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS - Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE _ Mike Matteucci, Nerenwnd. room. PO Box 369 PO Box 59 Salem, OR 97310-1337 i PO Box 4755 Tualatin, OR 97062 Portland, OR 97207 Beaverton, OR 97076 -OR. PUB. UTILITIES COMM. -METRO - LAND USE & PLANNING * -OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE _ CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Portland, OR 97232-2736 Portland, OR 97232 PO Box 23483 US ARMY CORPS. OF ENG. Durham, OR 97281-3483 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP 333 SW First Avenue - Mel Huie, GreenspacesCoordinator (CPA's/ZDA's) 635 Capitol Street NE, Suite 200 PO Box 2946 _ CITY OF KING CITY Salem, OR 97301-2540 Portland, OR 97208-2946 City Manager _ METRO AREA BOUNDARY COMMISSION 15300 SW 116th Avenue 800 NE Oregon Street _ OREGON DEPT. OF TRANS. (ODOT) _ WASHINGTON COUNTY King City, OR 97224 Building #16, Suite 540 Aeronautics Division Dept. of Land Use & Trans. Portland, OR 97232-2109 Tom Highland, Planning 155 N. First Avenue _ CITY OF LAKE OSWEGO 3040 25th Street, SE Suite 350, MS 13 Planning Director _ OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124 PO Box 369. Bonneville Power Administration _ Brent Curtis (CPA's) Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferreira _ ODOT, REGION 1 _ Scott King (CPA's) PO Box 3621 Sonya Kazen, DApmt. Rev. Coord.' -Mike Borreson (Engineer) _ CITY OF PORTLAND Portland, OR 97208-3621 123 NW Flanders _ Jim Tice (IGA's) David Knowles, Planning Bureau Dir. Portland, OR 97209-4037 _ Tom Harry (current Pi. App:.) Portland Building 106, Rm. 1002 - OREGON, DEPT. OF ENVIRON: QUALITY - Phil Healy (current Pl. Apps.) 1120 SW Fifth Avenue 811 SW Sixth Avenue _ ODOT, REGION 1 - DISTRICT 2A O _ Sr.Cartographer (cPNZCA)Ms 14 Portland, OR 97204 Portland, OR 97204 Jane Estes, Permit Specialist 5440,SW Westgate Drive, Suite 350 _ ODOT, REGION 1 - DISTRICT 2A Portland, OR 97221-2414 Right-of-Way Section (vacations) Rick Reeves ' , 123 NW Flanders Portland, OR 97209-4037 UTILITY PROVIDERS ABDISPECIAL AGENCIES _ PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE R/R, OREGON ELECTRIC R/R (Burlington Northern/Santa Fe R/R Predecessor) Robert I. Melbo, President & General Manager 110 W. 10th Avenue Albany, OR 97321 _ SOUTHERN PACIFIC TRANS. CO. R/R _ METRO AREA COMMUNICATIONS _ TCI CABLEVISION OF OREGON _ TRI-MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations only) Pat McGann Michael Kiser, Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay Street Portland, OR 97232 1815 NW 169th Place, S-6020 Beaverton, OR 97005 Portland, OR 97232 Beaverton, OR 97006-4886 /PORTLAND GENERAL ELECTRIC _ NW NATURAL GAS COMPANY _ GENERAL TELEPHONE - US WEST COMMUNICATIONS Brian Moore, Svc.Design Consultant Scott Palmer Elaine Self, Engineering Patty Stambaugh, Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hill Rd', Rm 110 Wilsonville, OR 97070 Portland, OR 97209-3991 Tigard, OR 97281-3416 Portland, OR 97219 _ TIGARD(rUALATIN SCHOOL DIST. #23J- BEAVERTON SCHOOL DIST. #48 _TCI CABLE (Apps. E.otHalM ofggw) Marsha Butler, Administrative Offices Joy-Gay Pahl, Demographs & Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard, OR 97223 Beaverton, OR 97006 Portland, OR 97232 - INO/CAfgS AUVOMATIC A970FICAITION if WlfrlllN SOO' OF rdis S981scrr POOPCOW FOR AUVALL C#W P411018Cfifi. (PAtO19CT PLANNCR Is 8esPONSIBL9 FOR /NO/CAi1NC PAStnigS t0 NOTIFL'/ hApattytmastersvfcnotice.mst 22-Apr-99 CITY OF TIOARD Community (Development Shaping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 9/16/99 FILE NO(S): VARIANCE [VAR] 1999-00010 FILE TITLE: COLSON FENCE HEIGHT VARIANCE APPLICANT: William &-Tanya Colson OWNER(S): Same 14464 SW Mistletoe Drive Tigard, OR 97223 REQUEST: Variance approval to place a 6-foot high fence in a portion of the front yard of a single-family residential lot where the Community Development Code requires a . maximum fence height of 3 feet in required front yards. LOCATION: 14464 SW Mistletoe Drive. The subject property. is located at the west terminus of SW -Mistletoe Drive, directly east of the. Bonneville Power Administration tract, which runs north-south through, the Urban Planning Area. WCTM 2S104CC, Tax Lot 6100. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments.' APPLICABLE Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 REVIEW (Decision Making Procedures); . 18.510 (Residential Zoning Districts); 18.745 CRITERIA: (Landscaping and Screening); 18.795 (Visual Clearance Areas); CIT AREA:, West CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: COMMENTS SENT: DUE: STAFF DECISION DATE OF DECISION: ❑ HEARINGS OFFICER OMONJ DATE OF HEARING: TIME:1:00 PM ❑ PLANNING COMMISSION [MONJ DATE OF HEARING: TIMEJA PM ❑ CITY COUNCIL [TUESJ DATE OF HEARING: TIME:1:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION 0 VICINITY MAP ❑ LANDSCAPING PLAN ❑ NARRATIVE p SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY ❑ ARBORIST REPORT ❑ OTHER STAFF CONTACT: Mark]. Roberts, Associate Planner (503) 639-4171 Ext. 315 VAR 1999-00010 COLSON FENCE VARIANCE LAND USE PROPOSAL G VARIANCE TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: DATE OF PRE-APP.: Property Address/Location(s): lu{LI(vU 1w Im15iiPkP~ GV1~ 7:E~Za-rl 612- (f7a-23 OR STAFF USE-ONL Tax Map & Tax Lot #(s): /5G LQ+` # 0(o l 0-n l 1 ` ~ Case No(s):. A~qS 1,0- L1, C-L Other Case.No;(s): . Site Size: y Receipt No.: 99'atS Property Owner/Deed Holder(s)*:LQay1 T(1140." Application Accepted By ` Date::. . Address: ILW&y 50 IY l,' I-We o e &vn Phone: city:-l aaj ("')P Zip: 9.7 a3 Applicant*: ."Date: Determined To Be::Complete Address: Phone: Comp Plan/Zorie-Designation: City: Zip: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession CIT: Area 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 Rev. I1nsisa i\curplnVnaiters\v6rlance.doc back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request permission fora Application Elements Submitted: Variance to the following provision(s) of the Community Devel pment Code (please be specific): Gc)P aX)11 2 69, Uke L application Form d-om, ' qm "4619 Owner's Signature/Written Authorization Title Transfer Instrument or Deed yvV [Site/Plot Plan ~ro of copies based on pre-app check list) Site/Plot Plan (reduced 81/:'x 11 Applicant's Statement ` of copies based on pre-app check list) 2 Sets of Pre-Addressed/Pre-Stamped ,1~72 Q 110 Ad Legal Size Envelopes (Filing Fee (Administrative) ...............$545.00 Ll `n`om oif ~ "Lm l 'C,~14- , ' 4-o ©Lc,✓ cal awov5 wov J or b-01 i, A d wv " (A - (axe. hod ► c~ "'cnnY~GU~e~z . - ~e~o"L. ado u,~r ra(~ List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 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. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject propedy, • 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. DATED this day of 12,A A , 19-T- Ow er's Signature Owner's Signature AMI O er's ignature Owner's Signature 2 CITY OF T I GARD - RECEIPT OF PAYMENT RECEIPT NO. 09-315389 CHECK AMOUNT 0 545.00 CREDIT CARD . 0.00 CHANGE: r 0.00 NAME r COLSON, WILLIAM D CASH AMOUNT 0. 00 ADDRESS r COLSON, TANYA 6 PAYMENT MATE 05/13/99 14465 SW MISTLETOE DR SUBDIVISION TIGARD OR 97224-- PURPOSE= OF PAYMENT AMOUNT PAID PURPOSE OF PAYMENT AMOUNT PAID LAND usci. 545. 00 MI51999--00 11, VARIANCE APP, 11464 SW MISTLETOE DR TIGARD, OR 97224 CHECK 01741 TOTAL AMOUNT PAID - - 1 545.00 J CITY OF TIGARD OREGON May 25, 1999 William and Tanya Colson 14464 SW Mistletoe Drive Tigard, OR 97223 Re: Notice of Complete Application Submittal Dear Mr. & Mrs. Colson: This letter is to inform you that your application for a Variance (City file reference: VAR 1999-00010) is considered complete as of May 20, 1999 and has been accepted by the Planning Division. If you have any questions concerning this information, please feel free to contact meat (503) 639-4171 x315. Sincerely Mark J. Roberts Associate Planner i Acurpln\mjrWar\var99-10.cmp c: VAR 1999-00010 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Fidelity Nat offal Title INSURANCE COMPANY Mr. and Mrs. William D. Colson Date: December 10, 1998 14464 SW Mistletoe Drive Order No.: 08-89091-28 Tigard, OR 97224 We appreciate the opportunity of being of service to you. Fidelity National Title Company of Oregon 401 S.W. Fourth Avenue Portland, Oregon 97204 (503) 223-8338 =rat • Owner's Policy of Title Insurance Fidelity National Title Insurance Company Policy Number A Stock Company • 27-31-92- 9 0 0 7 8 OWNER'S POLICY OF TITLE INSURANCE .SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, FIDELITYNATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title. to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4.' Lack of a right of access to and from the land; The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but onl17 to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title insurance Company BY / I%ILE P ` S ATTEST President EppL o t 0 ~ ~1 zf r Secretary Countersig Authorized Signature ALTA Owner's Policy (10-17-92) FNTIC Form No. 27-031-92 (1-4-93) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or 00 the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of (ransfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS reasonable cause) to represent the insured as to those stated causes of action and The following terms when used in this policy mean: shall not be liable for and will not pay the fees of any other counsel. The Company (a) "insured": the insured named in Schedule A, and, subject to any rights or will not pay any fees, costs or expenses incurred by the insured in the defense of defenses the Company would have had against the named insured, those who suc- those causes of action which allege matters not insured against by this policy. teed to the interest of the named insured by operation of law as distinguished from (b) The Company shall have the right, at its own cost, to institute and prosecute purchase including, but not limited to, heirs, distributees, devisees, survivors, per- any action or proceeding or to do any other act which in its opinion may be necessary sonal representatives, next of kin, or corporate or fiduciary successors. or desirable to establish the title to the estate or interest, as insured, or to prevent (b) "insured claimant": an insured claiming loss or damage. or reduce loss or damage to the insured. The Company may take any appropriate (c) "knowledge" or "known": actual knowledge, not constructive knowledge action under the terms of this policy, whether or not it shall be liable hereunder, or notice which may be imputed to an insured by reason of the public records as and shall not thereby concede liability or waive any provision of this policy. If the defined in this policy or any other records which impart constructive notice of mat- Company shall exercise its rights under this paragraph, it shall do so diligently. ters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements (c) Whenever the Company shall have brought an action or interposed a defense affixed thereto which by law constitute real property. The term "land" does as required or permitted the provisions of this policy, the Company may pursue not include any property beyond the lines of the area described or referred to in any litigation is final deto termination by a court to competent jurisdiction and ex- Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, ment y or orderreserves the right, in its sole discretion, to appeal from any adverse judg avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit ent . the extent to which a right of access to and from the land is insured by this policy. (d) In all cases where this policy permits or requires the Company to prosecute (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. or provide for the defense of any action or proceeding, the insured shall secure (f) "public records": records established under state statutes at Date of Policy to the Company the right to so prosecute or provide defense in the action or pro- for the purpose of imparting constructive notice of matters relating to real property ceeding, and all appeals therein, and permit the Company to use, at its option, the to purchasers for value and without knowledge. With respect to Section 1(a)(iv) name of the insured for this purpose. Whenever requested by the Company, the of the Exclusions From Coverage, "public records" shall also include environmen- insured, at the Company's expense, shall give the Company all reasonable aid (i) tal protection liens filed in the records of the clerk of the United States district court in any action or proceeding, securing evidence, obtaining witnesses, prosecuting for the district in which the land is located. or defending the action or proceeding, or effecting settlement, and (ii) in any other (g) "unmarketability of the title": an alleged or apparent matter affecting the lawful act which in the opinion of the Company may be necessary or desirable to title to the land, not excluded or excepted from coverage, which would entitle a establish the title to the estate or interest as insured. If the Company is prejudiced purchaser of the estate or interest described in Schedule A to be released from the by the failure of the insured to furnish the requited cooperation, the Company's obligation to purchase by virtue of a contractual condition requiring the delivery obligations to the insured under the policy shall terminate, including any liability of marketable title. or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE 5. PROOF OF LOSS OR DAMAGE The coverage of this policy shall continue in force as of Date of Policy in favor In addition to and after the notices required under Section 3 of these Conditions of an insured only so long as the insured retains estate rt interest the land, and Stipulations have been provided the Company, a proof of loss or damage signed chaser an indebtedness secured a purchase money mortgage given by a pur- and sworn to by the insured claimant shall be furnished to the Company within chaser from the insured, or only so long as the insured shall have liability by reason 90 days after the insured claimant shall ascertain the facts giving rise to the loss of covenants of warranty made by the insured in any transfer or conveyance of or damage. The proof of loss or damage shall describe the defect in, or lien or the estate or interest. This policy shall not continue in force in favor of any pur- encumbrance on the title, or other matter insured against by this policy which con- chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- stitutes the basis of loss or damage and shall state, to the extent possible, the basis debtedness secured by a purchase money mortgage given to the insured. of calculating the amount of the loss or damage. If the Company is prejudiced by 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT the failure of the insured claimant to provide the required proof of loss or damage, The insured shall notify the Company promptly in writing (i) in case of any litiga- the Company's obligations to the insured under the policy shall terminate, including tion as set forth in Section 4(a) below, (ii) in case knowledge shall come to an in- any liability or obligation to defend, prosecute, or continue any litigation, with regard sured hereunder of any claim of title or interest which is adverse to the title to the to the matter or matters requiring such proof of loss or damage. estate or interest, as insured, and which might cause loss or damage for which the In addition, the insured claimant may reasonably be required to submit to examina- Company may be liable by virtue of this policy, or (iii) if title to the estate or in- tion under oath by any authorized representative of the Company and shall produce terest, as insured, is rejected as unmarketable. If prompt notice shall not be given for examination, inspection and copying, at such reasonable times and places as to the Company, then as to the insured all liability of the Company shall terminate may be designated by any authorized representative of the Company, all records, with regard to the matter or matters for which prompt notice is required; provided, books, ledgers, checks, correspondence and memoranda, whether bearing a date however, that failure to notify the Company shall in no case prejudice the rights before or after Date of Policy, which reasonably pertain to the loss or damage. of any insured under this policy unless the Company shall be prejudiced by the Further, if requested by any authorized representative of the Company, the insured failure and then only to the extent of the prejudice. claiquint shall'grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED correspondence and memoranda in the custody or control of a third parry, which CLAIMANT TO COOPERATE reasonably pertain to the loss or damage. All information designated as confidential {a) Upon written request by the insured and subject to the options contained in by the insured claimant provided to the Company pursuant to this Section shall not Section 6 of these Conditions and Stipulations, the Company, at its own cost and be disclosed to others unless, in the reasonable judgment of the Company, it is without unreasonable delay, shall provide for the defense of an insured in litigation necessary in the administration of the claim.. Failure of the insured claimant to sub- in which any third party asserts a claim adverse to the title or interest as insured, mit for examination under oath, produce other reasonably requested information but only as to those stated causes of action alleging a defect, lien or encumbrance or grant permission to seta easonably necessary information from third parties or other matter insured against by this policy. The y shall have the right as required in the above pWh shall terminate any liability of the Company to select counsel of its own choice (subject to the rig a insured to object for under this policy as to ilia 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION 11. LIGIBI IT'Y NONCAATIVE OF LIABILITY It is expressly understood that the amount of insurance under this policy shall In case of a claim under this policy, the Company shall have the following addi- be reduced by any amount the Company may pay under any policy insuring a mor- tional options: tgage to which exception is taken in Schedule B or to which the insured has agreed, (a) To Pay or Tender Payment of the Amour of Insurance. assumed, or taken subject, or which is hereafter executed by an insured and which f is To pay or tender payment of the amount of insurance under this policy together a charge or lien on the estate or interest described referred to o Schedule with any costs, attorneys' fees and expenses incurred by he insured claimant, which insured the amount so paid shall be deemed a payment t under this policy to the owner. were authorized by the Company, up to the time of payment or tender of payment ana which the Company is obligated to pay. 12. PAYMENT OF LOSS Upon the exercise by the Company of this option, all liability and obligations (a) No payment shall be riade without producing this policy for endorsement of to the insured under this policy, other than to make the payment required, shall the payment unless the policy has been lost or destroyed, in which case proof of terminate, including any liability or obligation to defend, prosecute, or continue loss or destruction shall be furnished to the satisfaction of the Company. any litigation, and the policy shall be surrendered to the Company for cancellation. (b) When liability and the extent of loss or damage has been definitely fixed in (b) To Pay or Otherwise Settle With Parties Other than the Insured accordance with these Conditions and Stipulations, the loss or damage shall be payable Or With the Insured Claimant. within 30 da s thereafter. (i) to pay or otherwise settle with other parties for or in the name of an insured 13. SUBROGATION UPON PAYMENT OR SETTLEMENT claimant any claim insured against under this policy, together with any costs, at- (a) The Company's Right of Subrogation. tomeys' fees and expenses incurred by the insured claimant which were authorized Whenever the Company shall have settled and paid a claim under this policy, by the Company up to the time of payment and which the Company is obligated all right of subrogation shall vest in the Company unaffected by any act of the in- to pay; or sured claimant. (ii) to pay or otherwise settle with the insured claimant the loss or damage pro- The Company shall be subrogated to and be entitled to all rights and remedies vided for under this policy, together with any costs, attorneys' fees and which the insured claimant would have had against any person or property in respect expenses incurred by the insured claimant which were authorized by the Company to the claim had this policy not been issued. If requested by the Company, the in- up to the time of payment and which the Company is obligated to pay. sured claimant shall transfer to the Company all rights and remedies against any Upon the exercise by the Company of either of the options provided for in paragraphs person or property necessary in order to perfect this right of subrogation. The in- (b)(i) or (ii), the Company's obligations to the insured under this policy for the sured claimant shall permit the Company to sue, compromise or settle in the name claimed loss or damage, other than the payments required to be made, shall ter- of the insured claimant and to use the name of the insured claimant in any transac- minate, including any liability or obligation to defend, prosecute or continue any tion or litigation involving these rights or remedies. litigation. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the pro- 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE portion which the Company's payment bears to the whole amount of the loss. This policy is a contract of indemnity against actual monetary loss or damage If loss should result from any act of the insured claimant, as stated above, that sustained or incurred by the insured claimant who has suffered loss or damage by act shall not void this policy, but the Company, in that event, shall be required reason of matters insured against by this policy and only to the extent herein described. to pay only that part of any losses insured against by this policy which shall exceed (a) The liability of the Company under this policy shall not exceed the least of. the amount, if any, lost to the Company by reason of the impairment by the insured (i) the Amount of Insurance stated in Schedule A; or, claimant of the Company's right of subrogation. (ii) the difference between the value of the insured estate or interest as insured (b) The Company's Rights Against Non-insured Obligors. and the value of the insured estate or interest subject to the defect, lien or encum- The Company's right of subrogation against non-insured obligors shall exist and brance insured against by this policy. shall include, without limitation, the rights of the insured to indemnities, puarantiesI (b) In the event the Amount of Insurance stated in Schedule A at the Date of other policies of insurance or bonds, notwithstanding any terms or conditions con- Policy is less than 80 percent of the value of the insured estate or interest€or the tained in those instruments which provide for subrogation rights by reason of this full consideration paid for the estate or interest, whichever is less, or if subsequent policy. to the Date of Policy an improvement is erected on the land which increases the 14. ARBITRATION value of the insured estate or interest by at least 20 percent over the Amount of Unless prohibited by applicable law, either the Company or the insured may de- Insurance stated in Schedule A, then this Policy is subject to the following: mand arbitration pursuant to the Title Insurance Arbitration Rules of the American (i) where no subsequent improvement has been made, as to any partial loss, Arbitration Association. Arbitrable matters may include, but are not limited to, any the Company shall only pay the loss pro rata the proportion that the amount controversy claim between the Company and the insured arising out of or relating insurance at Date of Policy bears to the total value of the estate or interest at Date e to this policy, any service of the Company in connection with its issuance or the of Policy; breach of a policy provision or other obligation. All arbitrable matters when the (ii) where a subsequent improvement has been made, to any partial loss, Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company shall only pay the loss pro rata the proportion that h120 e Amount percent the Company or the insured. All arbitrable matters when the Amount of Insurance of the Amount of Insurance stated in Schedule A bears to the sum of the is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Com- of Insurance stated in Schedule A and the amount expended for the improvement. pany and the insured. Arbitration pursuant to this policy and under the Rules in The provisions of this paragraph shall not apply to costs, attorneys' fees and ex- effect on the date the demand for arbitration is made or, at the option of the insured, penses for which the Company is liable under this policy, and shall only apply to the Rules in effect at Date of Policy shall be binding upon the parties. The award that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount may include attorneys' fees only if the laws of the state in which the land is located of Insurance stated in Schedule A. permit a court to award attorneys' fees to a prevailing party. Judgment upon the (c) The Company will pay only those costs, attorneys' fees and expenses incurred award rendered by the Arbitrator(s) may be entered in any court having jurisdiction in accordance with Section 4 of these Conditions and Stipulations. thereof. 8. APPORTIONMENT The law of the situs of the land shall apply to an arbitration under the Title In- If the land described in Schedule A consists of two or more parcels which are surance Arbitration Rules. not used as a single site, and a loss is established affecting one or more of the parcels A copy of the Rules may be obtained from the Company upon request. but not all, the loss shall be computed and settled on a pro rata basis as if the amount 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT of insurance under this policy was divided pro rata as the value Date of Policy (a) This policy together with all endorsements, if any, attached hereto by the Com- of each separate parcel to the whole, exclusive any y improvements made subse- pany is the entire policy and contract between the insured and the Company. In quent to Date of Policy, unless a liability or value e has otherwise been agreed upon interpreting any provision of this policy, this policy shall be construed as a whole. as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to (b) Any claim of loss or damage, whether not based on negligence, and which this policy. arises out of the status of the title to the estate or interest covered hereby or by y• any action asserting such claim, shall be restricted to this policy. 9. LIMITATION OF LIABILITY (c) No amendment of or endorsement to this policy can be made except by a (a) If the Company establishes the title, or removes the alleged defect, lien or writing endorsed hereon or attached hereto signed by either the President, a Vice encumbrance, or cures the lack of a right of access to or from the land, or cures President, the Secretary, an Assistant Secretary, or validating officer or authorized the claim of unmarketability of title or otherwise establishes the lien of the insured signatory of the Company. mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed 16. SEVERABILITY its obligations with respect to that [natter and shall not be liable for any loss or In the event any provision of the policy is held invalid or unenforceable under damage caused thereby. applicable law, the policy shall be deemed not to include that provision and all other (b) In the event of any litigation, including litigation by the Company or with provisions shall remain in full force and effect. the Company's consent, the Company shall have no liability for loss or damage 17. NOTICES, WHERE SENT until there has been a finial determination by a court of competent jurisdiction, and All notices required to be given the Company and any statement in writing re- disposition of all appeals therefrom, adverse to the title as insured. quired to be furnished the Company shall include the number of this policy and (c) The Company shall not be liable for loss or damage to any insured for liability shall be addressed to the Company at: voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. Fidelity National Title Insurance Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF National Claims Administration: LIABILITY 17911 Von Kalman Avenue, Suite 300 All payments under this policy, except payments made for costs, attorneys' fees Irvine, CA 92614-6253 and expenses, shall reduce the amount of the insurance pro tanto. FIDELITY NATIONAL TITLE INSURANCE COMPANY M0 Fidelity National Title Insurance Company 17911 Von Karman Avenue, Suite 300 Irvine, CA 92614-6253 SCHEDULE A Order No.: 08-89091-28 Policy No.: 27-031-92 90078 Amount of Insurance: - $ 305,000.00 Premium Amount: $ 627.00 Date of Policy: November 12, 1998 at 04:04 p.m. 1. Name of Insured: William D. Colson and Tanya Sue Colson 2. The estate or interest in the land described herein and which is covered by this policy is: A Fee 3. Title to the estate or interest in the land is vested in: William D. Colson and Tanya Sue Colson, as tenants by the entirety 4. The land referred to in this policy is situated in the County of Washington, State of Oregon, and is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED Page 1 Owner's Standard Order No. 08-89091-28 Policy No. 27-031-92 90078 EXHIBIT "ONE" Lot 5, HILLSHIRE WOODS, in the City of Tigard, Washington County, Oregon Page 2 Owner's Standard Order No. 08-89091-,28 Policy No. 27-031-92 90078 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS: 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: United States of America Purpose: Danger tree removal Recorded: April 10, 1961, Book 443, Page 249 Affects: Reference is made to said document for full particulars. Page 3 Owner's Standard Order No. 08-89091-28 Policy No. 27-031-92 90078 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: United States of America Purpose: Danger tree removal Recorded: April 12, 1962, Book 461, Page 74 Affects: Reference is made to said document for full particulars. 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Southern Pacific Pipe Lines, Inc. Purpose: Right-of-way Recorded: May 3, 1962, Book 462, Page 258 Affects: Reference is made to said document for full particulars. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Portland General Electric Company, an Oregon corporation Purpose: Utility purposes Recorded: April 24, 1963, Book 485, Page 326 Affects: Reference is made to said document for full particulars; also delineated on recorded plat. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the plat of said property. Purpose: Public utilities Affects: 8 feet in width along lot and tract lines abutting public streets 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the plat of said property. Purpose: Private storm drainage Affects: 12.50 feet in width over subject property. See plat for particulars. 12. Covenants, conditions and restrictions, as shown on'the plat. Reference is made to said document for full particulars. Page 4 1 • Owner's Standard Order No. 08-89091-28 Policy No. 27-031-92 90078 13. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: December 14, 1995, Instrument/File No. 95091962, of Official Records 14. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $244,000.00 Dated: November 9, 1998 Grantor: William D. Colson and Tanya Sue Colson Trustee: Fidelity National Title Company of Oregon Beneficiary: Washington Mutual Bank, a Washington corporation Loan No.: 01-0203-000903785-4 Recorded: November 12, 1998, Recorder's No. 98127603 15. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $30,000.00 Dated: November 10, 1998 Grantor: William D. Colson and Tanya Sue Colson Trustee: Fidelity National Title Company of Oregon Beneficiary: JB&B Construction, Inc., an Oregon corporation Loan No.: Recorded: November 12, 1998, Recorder's No. 98127604 Page 5 Fidelity National Title Company of Oregon Map#, . ~2 S . I C C, The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey. 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