VAR2002-00013
~ ~EXHZM A
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2002-00013
,CITY OF TIOARD>
WINGATE FRONTIREAR YARD SETBACK ADJUSTMENT CommunityDevelopment
Shapingg (Better Community
120 DAYS = 8/2/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: WINGATE FRONT/REAR YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2002-00013
PROPOSAL: The applicant has requested a 25% adjustment to the front yard setback to
reduce the setback from 20 feet to 15 feet, and a 20% adjustment to the
rear yard setback from 15 feet to 12 feet to accommodate construction.
APPLICANT/
OWNER: Wingate Corporation
Attn: Scott Desbiens
15840 S. Pope Lane
Oregon City, OR 97045
LOCATION: 6979 SW Locust Street; WCTM 1 S136AA, Tax Lot 9200 (Lot 14 of
Ventura Estates).
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5, Low Density Residential.
ZONING
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.
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.
VAR2002-00013 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
r •
CONDITIONS OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Ventura Estates Planned Development (SUB98-00014 and PDR98-00013).
2. The applicant shall provide staff with a revised site plan showing the deck and porch
protrusions in relationship to the setbacks.
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 property is bordered on all sides by single-family residences. The proposal is to intrude
into the 20-foot front yard setback by 5 feet to accommodate a porch and into the rear yard
by three feet to accommodate construction a deck for a 3,100 square foot home.
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.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to the front and rear yard setbacks to allow the
placement of the house. The required front yard setback is 20 feet and the rear yard setback
is 15 feet, therefore, a 5-foot reduction and a three-foot reduction of these setbacks may be
allowed provided the following criteria are addressed.
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 adjustments are being requested to allow portions of the structures, specifically a porch
and a deck to protrude into the front setback and rear setback respectively. According to the
applicant this is the minimum relief needed to allow placement of the home.
VAR2002-00013 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
FINDING: Staff cannot verify this criteria without an accurate site plan.
CONDITION: The applicant shall provide staff with a revised site plan showing the deck and
porch protrusions in relationship to the setbacks.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
Staff has reviewed the tree plan for the development and conferred with the developer on the
potential impacts to any trees on site. There are no indications that any trees would be
affected by the approval of this adjustment. This criterion does not apply.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the size of the home, and the slopes of the lots, there are no other reasonable
alternatives to.the placement or orientation of the home that would achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria.have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
otlce was mailed to the applicant and owners.
Final Decision:
A setback A justment 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 ON APRIL 4, 2002
AND BECOMES EFFECTIVE ON APRIL 5, 2002.
Questions:
I 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.
April 42002
APPROVED B : Brad Kil DATE
Associate Planner
VAR2002-00013 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
CITY of TIGARD
LL-LN- V TURA GEOGRAPHIC INFORMATION SYSTEM
VICINITY MAP
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> > 13125 SW Hall Blvd
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Community Development _ Plot date: Apr 4, 2002; C:VnagicWIAGIC03.APR
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EXH11"IT
WINGATE CORPORATION
15840 S POPE LN
OREGON CITY, OR 97045
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Deveropment
SrtapingA Better Community
1, (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior gdministrative SpeciaCut for
the city ofTWard,, Washington County, Oregon and that I served the following:
(check Approoze Box(s) Below)
M NOTICE OF DECISION FOR: VAR2002-00013 WINGATE FRONT/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 April 4, 2002, and deposited in the United States Mail on April 4, 2002, postage prepaid.
„ (Person th repared Notic )
SZATLOFOUGON
County ofWas Washington )ss.
City of igard ) L
Subscribed and sworn/affirmed before me on the day of , 2002.
OFFICIAL SEAL
i DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 326578
MY COMMISSION EXPIRES SEPT. 07, 2003
NOTARY PUBLIC UF UR
My Commission Expi
• •
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): (oRICI SW (-o c OS 7
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 3AA-07 Z c )
Site Size: Case No.: - Z00 Z - Ck~0 t
Applicant*: Vjtrl - Cg~ Other Case No.(s):
Address: S y L7 S bM ~A-~► Receipt No.: 2to 2 . U 7
City/State: n2~%" C-1" _ p (L.. Zip: _Q -4-o 4c~ -
Primary Contact: ";-T-Q, ~rv,.JS Application /Accepted By:
Phone: rs~~ - 65 "lr -3~ O i'7 Fax: 50-;, iaL{ 6 Date: y~Zl o Z
Prope y Owner/Deed Holder(s)*: (Attach list if more than one)
Iftme A" q-, Date Determined To Be Complete:
Address: Phone:
City/State: Zip:
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant Z/ S PI)
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) CIT Area:
must sign this application in the space provided on the back of this Recording Date and Number:
form or submit a written authorization with this application.
PROPOSAL SUMMARY Rev. 11/1/01 is\curpln\masters\revised\adjustment-1.doc
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
➢Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS
>Special Adiustments:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density
♦ Landscaping Adjustments - Existing/New Street Trees Application Elements Submitted:
♦ Parking Adjustments - Reduction in Stacking Lane Length [3" Application Form
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal [a' Owner's Signature/Written Authorization
♦ Wireless Communication Facility Adjustments - Distance From Another Tower Title Transfer Instrument or Deed
♦ Washington Square Reg. Center Density Adjustments
Site/Plot Plan (6 copies)
Please state the reason for the Adjustment request: UJ=r Site/Plot Plan (reduced 81h"x 11"')
eta JAS n tnT ~ ~ ~ ~ ~ a-- ~~fRQ..
Applicant's Statement
fiJ PL5 i✓o ~E~ tL (Addressing Criteria Under Section 18.370.020)
tiiTh
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 property.
♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to
all the conditions and limitations of the approval.
♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is
found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of 20_x_
caner' i ature Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200200000000001174
Date: 04/02/2002
TIDEMARK
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2002-00013 [LANDUS] ADJUSTMENT 100-0000-438000 $100.00
VAR2002-00014 [LANDUS] ADJUSTMENT 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
CreditCard. SCOTT DESBIENS 096331 $200.00
TOTAL AMOUNT PAID: $200.00
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TRUST DEED T1L t~, t: l '•Z - ' STAIS OF OREGON,
County of ss.
Y {L~ ' 1 certify that the within instrument
--__LAE3C2A' CORPORATION
'was received for record on the day
79----, at
-
o'clock and recorded in
oregon___Citxl_-Qregon-- 97045
7fr:.tarti 4;W- and Aaareee ` -
Aah_wood_ Homes_ c/o bile Downers SPACERRAEgvraO book/reel/volume No. on page
811 SW Naito Parkway suite Sb6------ FOR and/or as fee/file/instru-
wlaconoensusE
Oregon 9726V " mont/nlicrofiitn/mccPtion No.
-Portlanrt;
-------vooias.I::v; iAz :.ne'e Record of of said County.
After recording, roman to Plasm. Adduse. ZIP). - Witness my hand and seat of County
S y~,j,~r_ {►ndar~onr_ Downes, -Aronson 6 -Di tner PC affixed,
a_tLlii_ GA.lg -D_45Knes----------I---------•-------------
8.a..1__UpV.! hvtgst_ Nai_to_ Park w ay_ M500 ---------------------Tlrir-------HAMr. grtlan~r_ Oregon 9 7 2 04------- 13Y De' uly.
X 1._....~i,9-Y....., betwaerr
THIS TI2V5T' DEED, made this .4th day a/.--- may 2 00
..1llas►t~a=ate-_Z.LC;..Wingate _.Cnz izor. aCion Znc_:._GWi n gatLe).--- oral... MaX_rye..J.....lleshi~ns _.-C1tiwr1
as Grantor, .
-.._----.--Ctll.caga._Ti 7 ~_.Siiaurance._~ompau3+..of..Q> e_gon-° r as Trustee, end-
............Aahsaoad. glom „-..I ne _ - as Beneficiary,
W I TNE5SETH,
Grantor irrevocably grants, bargains, sells arid, conveys to trustee in trust, with power of sale, ilia property in
_.V141011UMSSIrk---------------- County, Oregon, described eta:
Lot 9, SARA GROVE, and Lots 1 through 14 and Lots 16, 17, 18, 19,
20, 21, and 22, together with undivided interests in Tracts A and R,
VENTURA ESTATES, in the City of Tigard, County of Washington and
State of Oregon
together with dl and singular the fenoments, horedilwmenfe arid appurtenances and all other rigfds thoreunfo balonging or In anywise now
or hereafter apportalnltld, and the realm. Issues and profits thereof and all fisturos now or hereafter attached tv or used in connection with
the property. .
FOR 7'X6 PURPOSE OF SECURINO PERFORMANCE of each agreement of grantor herein contained and payment of tic -
ad...._.....Wingate`H...and...Saxxy. I ic-p.r.omi.aso.rye...note..Aa.teed...F.FttXCk~... ...1:-9 MvaAfl I: 4t rY
:_-~x ti ter ~tere
.naaa.ri.arsrFdata.w ..,r.~ iirlalaJ,, s..-_rr..r~.l. -c d-, Mind ~ Bp d__nlas..~`.r.liaral tayraA.., ~i rLlar{par A-11 r.-.•...,r._I
rrsf••eaensr-r►a Y 10
The date or matsrrfly of the dab( secured by this instrument is the date, stated abova,.on which the final installpient of the trots
beeomas due slid payable.
To protect the security of this trust deed, grantor agrees:
1. To protect, preserve and maintain Cho property in good condition and repair; not to ronvowe or demolish any bullding or Im-
pnvvarrsrnt theraars; not to coning, or Permit any waste of the property-
4_ To complete or restore promptly and in good and habitable condition any bulidir.d or improverneni which may be constructed,
damaged or destroyed thereon. and pay when due all costs incurred therefor.
3. To comply with all lawn, ordinances, regulations, covenants, conditiona and restrictions al/acting the property, it the beneficiary
so requests, to to fn In executing such financing statements puraaont to the uniform Commercial Code as the beneficiary may require and
to pay for filing cars" In lire proper public allies or offices, as well as the coat of all lien searches made by filing officers or searching
agencies es'tiaay be daented desirable by the beneficiary.: r
4. To provide and continuously maininin fnsurance on the buildhigs now or hereafter erected on the property against loss or
dama& by fire and arch other hazards as the beneficiary nosy lrel4l time to floe require, In an amount swe lend than i---•••-••••
written in oortrpan1we acceptable to the banelidary, with lose payable to the latter; all policies of insurance shall be delivered to the bene-
ficiary so soon as insured; if the grantor aheli fall for any reason to procure any such Insurance end to deliver the policies to the b.swfiolary
at least fifteen days prior to the expiration of any policy of Insurance now er hereafter placed oil ilia buildings, the boaof1c)ary nlay pro-
cure the Santo at dran(ur's expense. The Amount collected under any fire or Oliver insurance policy may be applied by beneficiary upon
any Itudabiodr.css secured hereby and in such order its bencliclar)r many determine, or at option at ber"ffclary the entire arsrqunt so collected,
or any part thereof, nosy be reloaded to grantor. Such application or release start not cure or waive any default or notice of default here-
under or invalidate any act done puravasrt to such notice.
s. To 46603 Cho property free from Construction liens and to pay all tares, ossessnoends and other charges that may be levied or
Assessed upat or Pdahlime the proporty before any part of such tares, aesessrnemt. and other obargos become past due or del/nquent Pod
promptly deliver receipts tl"telor to bonsticlery; should the grantor fail to nnak. paynrsnt of any dares, assensmenta, insurance prenliumn.
lions or other oryardos payable by grantor, either by direct payment or by providing boneficiarl, with funds with which to make such paY-
ment, beneficiary msy, At its option, rnaAro payment thereof, and the amount so paid, with infereat ant the rate met forth In the note
zsarred hereby, together with the oblfgotions described in paragraphs 6 and 7 of this trust dead, shall be added to and become a part of
the debt secured by this trust deed, ,without waiver of any righfe metelnf from branch of any of the covenants hereof And far such peyrsoente,
with interest m• aforesaid, the property hereinbeforo described, as waif as the grantor, shall be bound 'fo the some eateng that Cher are
bound for fire payment of the obligation herein descrlbed, and all such peyaaantd shall ba Irr.medletely due and payable without rvotlcs,
and the Ilonpaynlent thereof shall, At the option of the beneficiary, render All allow secured by this H-0st deed immediately due and pay-
able and consflftlte a broach of this trust dead.
6. To Pa all costs, lees and expenses of this trust locludlrli the coat of title search ae wall as ~iie ufhor eos(s and e;petwe of the
trustee lneurtad in oonrmctlat with ur in at►forclo( ibis otsllgation and frusle's and artora s fees actually incurred.
Y. To appear in and defend any action or proceeding purporiing to affect Cho security ridbie or powers of bon"Icinry OF trusteet
and in any suit, action or proceeding in ,chid, the beneficiary or tntstee may appear. Irmiuding any suit for the, foreclosure of this deed
or any mall or action related to this instrument, including but soot limited to its validity acrd/ot••enlorcaabilify;'to pay ail cowls and ex-
Pervade. including evidence of title and I. borrfseiary'n or trustee's attorney tees; the amoutlt of attorney fees metatfoned In this pare-
' draph 7 In all cases shall ba fired by the trial court atht In the event oI an appeal from mar /udgm6int or decree of the trial court d►antor
further agrwe to pay such sum at ilia appellate epurd shall adjudge reasonable ms the beneliefary's or trustees stiorner tees on aua Appaat.
It is mutually agreed that: ben.-
a. In the owning that any portion or all of the property shall be taken under rice rldlnf of emitMnt dgA"ln or condemnation. ficiary shall have the Flight, if it no sleets, to require that all or any portion or the monies payable' as rxunpenamllon far such faking,
HOrE, The Trust Goad Act provides Mot the trades hereunder mod be either an attorney, who It arc aellrs metni.ae of Ike otegon flats lour, a bents.
trnisl company Of sovinos and lsee as.edsnen' muth.rf.ed fo do bu.lns.. under Its la.vf of o.egi or the Unilsd ,tats., . folio inwrenee c.r.pany oushr
rl.ed 1. Insure $Ills to seat pvrpsrty of this .tale, Ira subsidiaries, alnaales, aaenls of branches. the United stag.. or gay assnry sbsrsef. or .n ..drew
event licensed under 01111111 496.304 to 696.603.
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