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VAR2001-00014 EXHIBIT A NOTICE OF TYPE I DECISION' - SETBACK ADJUSTMENT (VAR),2001-00014 RAVEN RIDGE (LOT 19) C'-nOFTIGARD, Community Development REAR YARD SETBACK ADJUSTMENT Shaping A Better Community 120 DAYS = 11/15/01 SECTION I. APPLICATION SUMMARY FILE NAME: RAVEN RIDGE (LOT 19) REAR YARD SETBACK ADJUSTMENT CASE NO: Setback Adjustment (VAR) VAR2001-00014 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the minimum rear yard setback by 13.3%. APPLICANT: Bethany Group Construction, Inc. OWNER: Same as Applicant 4888 NW Bethany Blvd. Suite K5, #163 Portland, OR 97229 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 13050 SW Wilmington Lane; WCTM 2S109AB, Tax Lot 9000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV of this decision. NOTICE OF TYPE I DECISION VAR2001-00014/RAVENS RIDGE (Lot 19) REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site History: A search of City records shows this parcel to be lot 19 of the Raven Ridge Subdivision (SUB1999-00006). No other land use records were found for this parcel. Vicinity and Site Information: The property is located on the southeast corner of SW Wilmington Lane and SW 132"d Terrace, with frontage off of 132nd Terrace. There are no sensitive lands on this site. Proposal Description: The applicant has requested approval for a Development Adjustment to reduce the minimum rear yard setback by 13.3%. This request is necessary due to the location of an existing fire hydrant at the northwest corner of the parcel. Applicant must place home at an angle to allow ease of garage entry off of 132nd Terrace. This is the only way applicant can position home on lot. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENT - APPROVAL. STANDARDS: Section 18.370.020.113.1.1b provides that up to a 20% reduction of the dimensional standards for the rear yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.13.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested a 13.3% reduction. This would reduce the rear yard setback from 15 feet to 13 feet. The "desired effect" is to allow the proposed floor plan on this particular lot. In order to accomplish the desired effect, the rear corner of the house will need to extend 2 feet into the rear yard setback. The adjustment would cause the least impact. This standard has been met. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are impacted by the proposal. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site; and The adjustment will affect the rear yard setback only. Emergency access from the street fronting the property will not be affected. Therefore, this criterion is satisfied. NOTICE OF TYPE I DECISION VAR2001-00014/RAVENS RIDGE (Lot 19) REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 • There is not a reasonable alternative to the adjustment, which achieves the desired effect. The adjustment will have no impact on the applicant's property except by reducing the rear yard by 2 feet. The desired effect cannot be achieved by building in any other direction due to the shape of the lot, the home, and the current placement of existing fire hydrant. Therefore, staff finds the adjustment to be the most reasonable alternative. SECTION V. PROCEDURE AND APPEAL INFORMATION A rear yard setback adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL AS OF JULY 20,-2001. THE EFFECTIVE DATE OF THIS DECISION SHALL BE JULY 21, 2001. 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. July 20. 2001 PREPARED BY: Kristie Peerman DATE Current Planning L : - e-- -Q July 20, 2001 APPROVED BY: Richard Bewe sd DATE Planning Manag NOTICE OF TYPE I DECISION VAR2001-00014/RAVENS RIDGE (Lot 19) REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 ma AA -n CITY of TIGARD G) GEOGRAPHIC INFORMATION SYSTEM r 0 VICINITY MAP X M P M N m NIOODSH J N l1 Q W VAR2001-00014 RAVEN RIDGE LOT 19 REAR YARD SETBACK Z ADJUSTMENT SIT T E G~ ~ ~ S ALP M G) M A ~P D M N Q _m o ~ 0 0 100 200 300 400 Feet W C'7 O 1"= 319 feet ' O = LL D B City of Tigard: Information on this map is for general location ony and should be verified with the Development Services Division. 13125 SW Han Blvd Tigard, OR 97223 B I I E T (503) 639-4171 • http*~v.ci.tigard.or.us Community Development Plot date: Jul 19,2001; CAmagicWIAGIC03.APR INC- ON,(503) 33, -3713 ggpgutY GROUP CONKS 0163 $ -9192 ; ,~~B~ANYBLr1D„ . ppK(•[,AT3D,OR97224 _ 1 I FLT Q :7r O Q Twor,~ 2-1 oc, I~tA~r~ ~71G. L oq- J, LEI' C* Dk Polo (5ia' ?LAO G~ LCT 1.x.7 ~ L r~ ~ ^ ~ ~ cJJ ~~~a a 200 CITy OF TIGARD --00014 YA 19) RIDG6 • VAR2001-00014 2S,09AB-09000IIIT Jp RAVEN RIDGE DEVELOPMENT LLC PO BOX 5930 SALEM, OR 97304 Bethany Group Construction, Inc., 4888 NW Bethany Blvd. Suite K5, #163 Portland, OR 97229 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development SFwping A Better Community I, (Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City of 7igar Washington County, Oregon and that I served the following: (Cnea Appropdate Boa(s) Below) ❑x NOTICE OF DECISION FOR: VAR2001-00014/RAVEN RIDGE (LOT 19) REAR YARD SETBACK ADJUSTMENT ❑ AMENDED NOTICE (File NOJName Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on July 20, 2001, and deposited in the United States Mail on July 20, 2001, postage prepaid. er are Noti ) STA2rE OF OREGON County o Was >&on . )ss. City of s and Subscribed and sworn/affirmed before me on the day of 4 r::,~ , 2001. OFFICIAL SEAL DIANE M JELDERKS ' NOTARY PUBLIC-OREGON MY COMMIS SIGN EXP RES SEPT. 07, 2003 ~Ic OF My Commission " es: ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX. (503) 684-7297 PRE-APP. HELD WITH: n DATE OF PRE-APP.: GENERAL INFORMATION W (L~ /tv;;-~o.J Property Address/Location(s): (3056 SW FOR STAFF USE ONLY Tax Map & Tax Lot #(s): 2,S U A - o CU C76 Q Jo(~ ~ Site Size: V ' X Property Owner/Deed Holder(s)*: A Lj &p~A Case No.(s): Address: tai A-V Phone ,C;-o~l S Z Other Case No_(s): City: T~ Zip: 2 Applicant*: cy- t # 7 Receipt No.: A Address: Phone: Application Accepted By: Jul. " City' Zip: Date: T~ I I `7 6 i * When the owner and the applicant are different people, the applicant . must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) Date Determined To Be Complete: R must sign this application in the space provided on the back of this 1 t / i L; form or submit a written authorization with this application. Comp Plan/Zone Designation: ; PROPOSAL SUMMARY / CIT Area: The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Recording Date and Number. Community Development Code (please circle one only):. 01" >Development Adjustment $100 Rev. '6120/2000 :i ruriatr,%mosters\adjustmt.mst >Special Adjustments: ♦ Adjustments to a Subdivision $100 ♦ Reduction of Minimum Residential Density $100 ♦ Landscaping Adjustments - Existing/New Street Trees $100 ♦ Parking Adjustments - Reduction in Stacking Lane Length $100 ♦ Wireless Communication Facility Adjustments- Distance From Another Tower $100 REQUIRED SUBMITTAL ELEMENTS Please state the reason for the Adjustment request: Application Elements Submitted: / ~ 1r~Y~-tf Application Form Owner's Signature/Written Authorization 0/ Title Transfer Instrument or Deed 19/Site/Plot Plan (6 copies) o VApplicant's Site/Plot Plan (reduced 81/2"x 11 CkA ~t,-sf 4o (74p ~ yGl lr~ aim Statement V,Qd]N~eC C[W-A-M Jxy-) `1-~) _ /(Addressing Criteria Under Section 18.370.020) Filing Fee $100.00 . 1 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. 11 ~UL ~O,r DATED this O- A of Owner's ignat 5e Owner's Signature Owner's Signature Owner's Signature 2 Receipt 27200100000000002841 Date: 07/10/2001 T 1 0 E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due MIS2001-00020 isc Fee 100-0000-451000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check BETHANY GROUP CONSTRUCTION INC. 0 428 0 $100.00 TOTAL AMOUNT PAID: $100.00 BETHANY GROUP CONSTRUCTION INC. 428 503-533-9192 4888 NW BETHANY BLVD. K5 #163 28-7174/3251 PORTLAND, OR 97229 DwrE 44 PAVTo'CEEI. ~ o' o...~ ----j STERLING ANYTIME LINE SAVINGS BANK R 1.888.678-7800 HQV-d Oft. 1729 NE Sandy B.W-d Pold/and,OOR 97213 FOR_ mr ®!9nrGp /1m¢itun - . I ((((((ff OREGQN T aTLE TINSURANCEPCaOMPANY llll ) After Recording, Return to: Bethany Group Construction,Inc 11PA 0 4888 NE Bethany Blvd.#K5 163 a~~~~~~o1 V,~D Portland, OR 97229 Until a change is requested, tax statements shall be sent to the following address: Bethany Group Construction,Inc 4888 NE Bethany Blvd.#K5 163 Portland, OR 97229 STATUTORY WARRANTY DEED. (Corporation/Partnership) (Above Space Reserved for Recorder's Use) Raven Ridge Development, LLC conveys and warrants to Bethany Group Construction, Inc. the following described real property in the State of Oregon and County of Washington free of encumbrances, except as specifically set forth herein: Lot 19, RAVEN RIDGE, in the City of Tigard, County of, Washington and State of Oregon. Tax Account Number(s): R485665, R4B5674, R2067015 This property is free of encumbrances, EXCEPT: ' 1. Conditions, restrictions and/or setbacks, as shown on the recorded plat of'RAVEN RIDGE. 1 2. Easements as delineated on the recorded plat, For Public storm drainage (Continued) The true consideration for this conveyance is $79,900.00 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA- TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- MENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAW- SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. c DATED this 2.~> day of June, 2001. Raven Ridge Development, LLC CrL£L By. . t [J Donald Grim Managing Member STATE OF Oregon, County of Washington: This instrument was acknowledged before me on June,26, 2001, by Donald Grim as Mana ing tuber of aven Ridge Development, LLC, on its behalf. No y Public for My commission expires: 1( )'may ,?ti. (YIICIAI-SEAL JULIE TRAINA 4 NOMflY PUBLIC-0111:GON COt`IMISSION NO. 338<112 MY COMMISSION EXPIRES NOV. 7, 2004 Order No.: 216960w ONINC- pup CONSTRUE'#163 v 897229 ,;r. ~t i ~ t 'Z' I MA(t j l~r d L-R~) r jq o . 3 C7 ~p,-- N, --k ,Polo 2 Zi r l 7 ~Ul) 3 7 LCT- r7C rr-~ CyF V S j