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VAR2001-00020 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development ShapingA Better Community 1, Tatricia L. Lu orQ being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Speciahst for the City ofTWant Washington County, Oregon and that I served the following: (Che(* AWMWtate Box(s) Below) . ❑ NOTICE OF DECISION FOR: VAR2001-00020/OSBORNE CORNER SIDE YARD SETBACK ADJUSTMENT AMENDED NOTICE (File NOJNarne Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked EKhlblt"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 E01hit'13", and by reference made a part hereof, on November 14, 2001, and deposited in the United States Mail on November 14, 2001, postage prepaid. r I G (Person at repared N tice) STA9E OF OREGON County of Was ington ) ss. City of Tigard ) Subscribed and sworn/ affirmed before me on the day of , 2001. . OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON I COMMISSION NO. 326578 MY COMMISSION EXPIRES SEPT. 07, 2003 Jn. Ill: OF OH)wr My Commission Fjw b EXHIBIT A NOTICE OF TYPE I DECISION VARIANCE (VAR) 2001-00020 ; ;CITY OF TIGARD, OSBORNE CORNER SIDE YARD SETBACK ADJUSTMENT Community (Development SheTing A Better Communi 120 DAYS = 3/9/2002 SECTION I. APPLICATION SUMMARY FILE NAME: OSBORNE CORNER SIDE YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2001-00020 PROPOSAL: The applicant has requested an adjustment to the comer side yard setback to reduce the setback for their lot from 15 feet to 12 feet. APPLICANT/ OWNER: David and Noelle Osborne 8314 SW Birch Street Portland, OR 97223 LOCATION: The property is located at 6500 SW Walnut Terrace; WCTM 1 S125DA, 03300. COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are, also permitted conditionally. ZONING DESIGNATION: R-4.5; Low-Density Residential. 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 subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR2001-00020 - OSBORNE PROPERTY SETBACK ADJUSTMENT PAGE 1 OF 3 CONDITIONS OF APPROVAL There are no conditions of approval associated with this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject property is located on the corner of SW Walnut Terrace and SW 65~h Avenue. The proposal is to reduce the corner side yard setback from 15 feet to 12 feet in order to accommodate the proposed home. The site is relatively flat and located at the intersection of two unimproved rights-of-way. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.390 allows the following development adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Not Applicable. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. The applicant has requested an adjustment to the corner side yard setback to accommodate their. proposed construction plan. The required corner side yard setback is 15 feet. The request is to allow a 12-foot setback. A. reduction of the 15-foot setback by 3 feet is a 20% reduction. Therefore, this criterion is met. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. Not Applicable. 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 affect; The applicant has attended a pre-application conference in which they were originally seeking a variance to allow for a 10-foot setback. A three-foot adjustment, the amount requested, is 20% less than the Code's required 15 feet and demonstrates that the applicant has requested the minimum relief necessary to achieve the desired affect. Therefore, this criterion has been satisfied. NOTICE OF TYPE I DECISION VAR2001-00020 - OSBORNE PROPERTY SETBACK ADJUSTMENT PAGE 2 OF 3 The adjustment will result in the preservation of trees, if trees are present in the development area; No trees are being removed as a result of this project. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site; There will be adequate emergency access along the sides of the structures, not causing anyy impediment of emergency vehicles or personnel. Fire, life, and safety will be maintained witF~ this request. The fire code allows 3 feet between buildings, therefore, this standard is met. There is not a reasonable alternative to the adjustment which achieves the desired affect. The applicant and City have discussed this proposal on three different occasions, and have discussed several alternatives. This proposal is the most reasonable adjustment to achieve the desired affect. Therefore, this criterion has been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: An adjustment is a Type 'l procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON NOVEMBER 14, 2001, AND BECOMES EFFECTIVE ON NOVEMBER 15, 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. November 14.2001 PREPARED BY: Brad ilby DATE Associate Planner November 14, 2001 APPROVED BY---Richard Bewer o rff DATE Planning Ma ger NOTICE OF TYPE I DECISION VAR2001-00020 - OSBORNE PROPERTY SETBACK ADJUSTMENT PAGE 3 OF 3 Q CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM M LL S.W. aRUCGER VICINITY MAP z O L/O RD VAR2001-00020 O S.W. FERRY FF TAYL.ORS . . . . a OSBORNE CORNER HE EEE TgY`~~s S.W. EVELYH a SIDE YARD SETBACK F~ ADJUSTMENT SW Ig GSIA m S.W. WILBARD s.w. HUBER WALNUT TERR SITE z N m 9 D ' S. L N m S.W. RADaIFF 3 U) 3 S.W. ALFRED LOLA LN ALFRED ST' 7-E[LjL 6 S.W. LUEE RADEL A BAR SARA N E d, S~ LN V TURA G~ 0 200 400 600 Feel R214D 1'= 405 feel s~ - SRO DR v co, J City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard. OR 97223 VENTURA (503) 630,4171 VENTU httpJANww.ci.tigard.or.us Community Development Plot date: Nov 14, 2001; C:\magicWIAGIC03.APR 01 Nov 07 12:07:41 R:\It\LT18KV-8X11.dw TPW W • ~ ~ 86.20; - I 1 I I~ I I I I~ IX IOU IW I 1 10 :j I z I 1 Im I I 1 0 1° I I Im I m I N I I~ I m I z I> In I ql I0 1 I I I I 1 1 I I I N I I o6, 9 0. I oIN i j------___ I 12' 0„ I T I I I MAIN FLOOR I EL.=10Q.0' I N 1 I au I I A 1 I I N O I ° j I I 12' 0" I I I I i I - I I I 1 4- CONC. I DRIVEWAY ( ( (3500 P.S.I.) ( GARAGE w I I EL.=99.5' I of o, I I I I ~ I I ' ( s vs 2-11-1 I I •o. I 5'-0" I V ~ I 1 I N I .o.. ..-L_.LL O o >Na t m :4 I I E z<a - - - - D 86.20' fl~ WALNUT TERRACE 11/7/01 TPW S C A L E t 20 0" ALAN MASCORD DESIGN DES. INC. IS NOT CITY OF TIGARD 22108 IIABIE FOR OR THE THE ACCURACY CY OF F THE TOPOGRAPHY ~ PIFORMATK)N. IT IS THE SOLE RESPONSIBIlTY OF THE KINGS VIEW BU4DER TO VERIFY All SITE CONDITIONS, INCLUDING 225 ANY FlL PLACED ON THE SITE AND NOTIFY THE LOT t8 OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS. ALAN MASCORp DESIGN ASSOCIATES. MC. OSBORNE RESIDENCE 1303 Nw +si~ .re. nonner~o on 9+209 (18,533 S0. FT.) BY : J.P. CONSTRUCTION 3031123-2161 c S, 25DA-03300 EXHIBIT OSBORNE DAVID H & NOELLE N 8314 SW BIRCH ST PORTLAND, OR 97223 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: DATE OF PRE-APP.: GENERAL INFORMATION /v►~~ ~J,~ Property Address/Location(s): (pS0o Stu FOR STAFF USE ONLY Tax M & Tax Lot #(s): / 1 S I S 04033~n Site Size: 76 dAiid "M p IQ, Case No.(s):~ 2G~~U Property Owner/Deed Holdef(s)`: Addres : q 3/~ 6141 lal ~C 5 Phone: S03'7&y'yu'5- Other Case No (s):_ City: riy-4-"iui d _ zip: 9,72-Z3 Applicant": Receipt No:i I - .r 44 Address: l- Phone: D✓ 4? L 5~ Applicatlor :A cepted By, /L-_1 City: r zip= 0 22,4? Dater o l 3 " CF' 6 When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written Date Determined To Be CorYiplete authorization from the.owner or an agent of the owner. The owner(s) k N'q must sign this application in the space provided on the back of this form or submit a written authorization with this application. Comp Plaj /Zone Designation PROPOSAL SUMMARY The owners of record of the subject property request permission for an C1T Area: Administrative Adjustment to the.following provision(s) of the Recording Date and Number` Community Development Code (please circle one only): >Development Adjustment $100 ~v Gi20/2000 4,rr,In0~Wst0rs44djua6Tit t > 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: Application Form ~ Owner's Signature/Written Authorization ']'Title Transfer Instrument or Deed Q~ Site/Plot Plan (6 copies) Site/Plot Plan (reduced 81/2"x 11 R~Applicant's Statement (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 propeft. • 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 ~tX4' Owner's Sig ure Owner's Sign re Owner's Signature Owner's Signature 2 Receipt 27200100000000004448 Date: 11/0812001 T 1 D E M Q R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due VAR2001-00020 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check NOELLE N OSBORNE 0 2624 $100.00 TOTAL AMOUNT PAID: $100.00 NOELLE N. OSBORNE 2624 8314 S.W. BIRCH STREET PORTLAND, OR 97223 7 24-7038/3230 OR Date % 2682 Pay to the order of /~D -av oars BankofAmerica. West Linn 2682 M 503.275.2222 For w • When we pure* lot 18, on SW Walnut terrace (zone *I there was an existing house on the lot. The house was unlivable. It was infested with rats and was severely dilapidated. We planed to build a new house on the lot. Although we followed correct setback criteria when we designed the new house plan, it was later pointed out to us that the lot is considered a comer lot. Our house plan was designed to fit on a normal setback lot for zone 4.5. The lot is long and narrow, measuring 86.2 by 115. There is an adjacent, unimproved street bordering the lot. This is SW 65`h and is governed by Multnomah county. They consider this street to be a substandard right of way, and will not vacate the street. It is assumed by Multnomah county and us that this street will most likely not be developed in our lifetime. A lot adjustment to 12 feet would allow us to fit our house on the lot as it was meant to be. We also need to put the driveway in the existing location as it was with the previous house. The house plan is and "L" shape and the driveway faces SW 65t`. We understand that there is a 30 feet set back for the driveway because our lot is now determined a corner lot and this is the intersection location. The only place for the driveway to be located and still get the cars in to the garage without making a 90 degree angel into the garage, is to put the driveway in the existing location. We would be willing to relocate the driveway to a new location, if SW 65th is ever developed. We would move the driveway to SW 656. We would have designed our house and driveway differently if it had explained to us that this is a corner lot, but we understand how the information could have been overlooked. Being how SW 656, is located in another county. Please help us. / Thank you for your time, ( 0 r David and Noelle Osborne r • STOOF OREGON County of Washington } SS I, Jerry a T f~ of Assess- ment and 'o County Clerk for 3i rtify that AFTER RECORDING, MAIL TO: andwie eceived David Osborne county a~ t f said 8314 SW Birch St. Portland, Oregon 97223 _ « r UNTIL A CHANGE IS REQUESTED, TAX STATEMENTS irector of SHALL BE SENT TO THE FOLLOWING ADDRESS: , axation, Ex- lerk same as above - - - - Doc 2001032580 Rect: 276525 122.00 04/13/2001 02:47:53pm - - - - - WASHINGTON COUNTY 2001-032580 CONSERVATOR'S DEED IIIIIIIIIIIIIIIIIilllllilllllllllllllillllllllllllllllllllll Feurstein, Tiffany & Associates LLC, the duly appointed, qualified and acting conservator of John Baumiller, a protected person, pursuant to proceedings filed in Circuit Court for Washington County, Oregon, Case No. C00-0399 PC, Grantor, conveys to David H. Osborne and Noelle N. Osborne, husband and wife, Grantee, all the estate, right and interest of the above named protected person (Grantor) in and to the following described real property in the State of Oregon, County of Washington: V Lot 18, KING'S VIEW., in the City of Tigard, County of Washington and State of Oregon. cdi Tax Account Number(s): R230226 The true consideration for this conveyance is $99,900.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN U THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON tp 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 LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this 13 day of April, 2001. WASHINGTON COUNTY REAL PROPERTY TRANSFER TAX Feurstein Tiff an As crates LLC, $ 00. °O it-/3--0/ by Margaret Tiffany, as //~,p~9,be/- FEE PAID GATE of the limited liability company, as Conservator of John Baumiller, a Protected Person STATE OF OREGON, County of Multnomah, ' Thi i ument wa acknowledged before me on l ~-OC~1 by Margaret Tiffany, as of Feur teln, Tiffany & Associates, LLC, on behalf of the imite liability company, as the duly appointed,. qualified and acting conservator of John Baumiller, a protected person,-for and on behalf of said protected person. My commission expires: OFFICIAL SEAL P:B OSENBERGER TARY PUBLIC - OREGON MMISSION NO.323301 ISSION EXPIRES MAY 10, ]2003 01 Nov 07 12:07:41 R:\It\LT18KV-8X11 .dw TPW - W 9 86.20' 19 ~s. ,L I I IC) C) I IX I to I Z 1 65 1 to 10 I I rn 0) I ILn I Im l m I sf z L I> I o in I I I71 f I 1 I I I N i 1 1 s~ s6p I 1 Cn °o II~_^_-= I I I I 12'-0" I ~-a ~ - a I { ! f MAIN FLOOR (f I I f EL.=100.0' I i 1 I I moo: 1 I I I l I 4- CONC. I DRIVEWAY L-- (3500 P.S.I.) GARAGE f f EL.-99.5' O? I I rn I l I I I / , I I I 1 ' 5 0 N 1 N N ~.I !1 [n I 1 I V'- I - I 11 O z ~ \ O > =a Z_ I a_a E =p9 ,9 86.20' ,9s WALNUT TERRACE 11/7/01 TPW S C A L E 20 ' 0" ALAN M HE DESIGN ASSOCIATES. INC. IS NOT CITY OF TIGARD 22108 LIABLE FOR OR THE ACCURACY OF THE TOPOGRAPHY INFORMATION. IT IS THE SOLE RESPONSIBILITY OF THE KINGS VIEW BULDER TO VERIFY ALL SITE CONDITIONS. INCLUDING LOT 18 ANY FILL PLACED ON THE SITE AND NOTIFY THE A OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS. • • OSBORNE RESIDENCE ALAN YASCORD OESMN ASSOCIATES. wC. 118 J.P. CONSTRUCTION non - at. AVE. P.-Ill on mxua ,533 S0. FT.) BY J CO 1-223-0161 P amixxa-oov ~~~s 9 `s" ,OZ 98 - - - - - - M - - - - - ~ mss, 1 ~ ~T I I I I 1 I I I ~I ~I 1 I I I ' i ~ I I I I I I ~ I I I ~ I I I I I I I ~ I I I ~ I I i a, I I I I I I ~ I I I II I I I I I I I ~ I~ I I ~o ~X I 1 I~ I~ I ~ z ~ Im I~ I ~ I ° I I Irn I ~ I ~ ~ I~ I ~ , o z ID I~ I of n ~ I~ 1 I I I I I I  9~ ~o ~ I I I ~ 12, I i _ i I i ~ i J i i ~ o0 i N ' ( I O~ O ~ _ N O `9 ~ 12 I ~ I I i ~ I I I i + I I ~ ~ o = I r-n ~ I w I I ~~o ~I, ~ ~ I ~ ~ I I v~Dn I ~ ~ ~ ~ I I I ~ I I I I -9~ I I ~ 5'-0' N I N N ~ ~ ~ ~ I ~ W D ~ a z D ~ oz~ ~J D D D ~ z~~ I ~OZ'98 z~ m 9~ - - - - ~ - - - `9cP .s \~/AI I~I~ 1T TFRRA~~  V Y i S 1- I V I 1 t- 1 l 1 S i 11/7/01 TPW 1 S C A E 1= 8- d" z:o ALAN MASCORD DESIGN ASSOCIATES, INC. IS NOT LIABLE FOR THE ACCURACY OF THE TOPOGRAPHY INC. IS NOT OPOGRAPHY : swr _ INFORMATION. IT IS THE SOLE RESPONSIBILITY OF TI- BILITY OF THE BUILDER TO VERIFY ALL SITE CONDITIONS, INCLUDIN NS, INCLUDING NOTIFY THE 18 NO V ANY FILL PLACED ON THE SITE AND NOTIFY THE ,I OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS DIFICATIONS, OSBORNE RESIDENCE ALAN MASCORD DESIGN ASSOCIATES, INC ~e-rGe lnir% _ i.a 1815 ~ON 1305 NW 18th AVE, PORTLAND OR 97209 503/225-9161 FAX 503/225-0933 http;//www.mascord,com r