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VAR2002-00015 EXR NOTICE OF TYPE I DECISION VARIANCE .(VAR) 2002-00015. , CITY OF TIGARD, ERICKSON HEIGHTS `CORNER SIDE YARD Community(Development Shaping A Better Communi SETBACK ADJUSTMENT "LOT 14" 120 DAYS = 8/9/2002 SECTION I. APPLICATION SUMMARY FILE NAME: ERICKSON HEIGHTS CORNER SIDE YARD SETBACK ADJUSTMENT "LOT 14" CASE NO: Adjustment (VAR) VAR2002-00015 PROPOSAL: The applicant has requested an adjustment to the comer side yard setback to reduce the setback for lot 14 from 20 feet to 15 feet. APPLICANT/ OWNER: Renaissance Custom Homes 1672 SW Willamette Falls Drive West Linn, OR 97068 LOCATION: 10506 SW Naeve Street; WCTM 2S11ODA, Tax Lot 05300. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential District. ZONING DESIGNATION: R-3.5 (PD). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350 and 18.390. SECTION II. DECISION Notice is hereby given'that the City of, Tigard Community Development Director's designee has DENIED,the above request: The findings and conclusions on -which the decision is based are noted in Section IV. THIS DECISION IS FINAL AT THE, LOCAL LEVEL NOTICE OF TYPE I DECISION VAR2002-00015 - "LOT 14" ERICKSON HEIGHTS PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject property is located on the_ corner of SW Naeve Street and SW Hoodview Drive. The proposal is to reduce the corner side yard setback from 20 feet to 15 feet in order to accommodate the proposed home. The site is located within the Erickson Heights Subdivision and is within an approved Planned Development. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: 18.350 Planned Developments The Tigard Planning Commission reviews planned Developments within all zoning districts. Tigard Development Code (TDC) Section 18.350.040 states that, "Noncompliance with an approved detailed development plan shall be a violation of the Planned Development Chapter." FINDING: Erickson Heights is a Planned Development. FINDING: Lot 14 of Erickson Heights is a perimeter lot. FINDING: The applicant underwent concurrent overlay zoning and subdivision review. At that time, the applicant specifically requested the following setbacks on page 6 of the application for perimeter lots: Front yard 20 feet Side yard 5 feet Corner Lot/Street Setback 20 feet Rear yard 15 feet Garage 20 feet FINDING: In the Final order from the Tigard City Council (Resolution NO. 99-24), the Council's approval states, "...The lots are large enough and of sufficient dimension to support the conclusion that perimeter lots can meet the required setbacks" Pg. 13. 18.370 Variances and Adjustments Section 18.370.020(B) outlines the review criteria for development adjustments. Front and interior yard setback adjustments apply to setbacks within the base zone subject to demonstration with compliance of all applicable standards. FINDING: An adjustment of this nature is applied to setbacks within the base zone. This particular lot has an overlay zone that establishes setbacks separate from those in the base zone. NOTICE OF TYPE I DECISION VAR2002-00015 -"LOT 14" ERICKSON HEIGHTS PAGE 2 OF 3 18.390 Decision Making Procedures Adjustments to. setbacks are reviewed by a Type I procedure as governed by this section, of the Tigard Development Code. Type I procedures apply to ministerial permits and actions containing clear and objective approval criteria. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: An 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 ON APRIL 25, 2002 AND. BECOMES EFFECTIVE ON APRIL 26, 2002. 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. Aril 25, 2002 P7TET5ARED BY: Brad I y A Associate Planner • f Aril 25, 2002 APPROVED BY: Richard Be a sdo DATE Planning Manager NOTICE OF TYPE I DECISION VAR2002-00015 -"LOT 14" ERICKSON HEIGHTS PAGE 3 OF 3 L~J CE - . CITY of m ®m GEOG RARNIC INFORMATION BVeTE4 VICINITY MAP = 8 VAR2002-00015 El e ERICKSON HEIGHTS EF~H m DELMONTE DR CORNER SIDE YARD cv~ ®mm SETBACK ADJUSTMENT Miff FFM (LOT 14) DY LADY MAP,- f SITE TAVIQRS FER Y. I . RD i Pfl/ 2< I 7 'N- 0NRA. RD - X ~j ECF AND ADS f ~RD KABLE Tigard Area Map ' o w (L C) N 0 0 too 200 300 400 Feet O E= Q p S.W. NEAVE STREET 1'= 324 feet E3 o HIGHLAND DR 7 O O m R~O" City ofTiard K Z ON N L 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 (503) 639-4171 „G TERR httpJtwww.cl.tigard.or.us Plot date: Apr 25, 2002; CAmagicMGIC03.APR Community Development ' /;Q p,szJ S7~ ?0l-1 I N 89'5954° E 117.67' 20.5' 4223' l= U 1 tom/ Z I P n~l l .i ,v r a ~ o - e,- LLI N - t i~ r-clu", .0 --J a 4.W 6.00 3 o ° a 4.00' 6.00• 49.4' n N Ld ° O 42.33' O - W ' In Q Z ~~;~~g9 0 <N> - - N L` yr S 89'5 W 105. 4' ✓r-s u, l S.W. HOODVIEW DRIVE • SCALE DRAWING LOT 14, ERICKSON HEIGHTS S.E. 1/4 SEC. 10, T.2S., R.1W., W.M. CITY OF TIGARD --A 2.5 FOOT LANDSCAPE EASEMENT WASHINGTON COUNTY, OREGON I4 SHALL EXIST ALONG ALL STREET FRONTAGE. --A 7-5 FOOT PUBLIC UTILITY EASEMENT - JANUARY 24,2002 Centerline Concepts Inc- --A EXIST ALONG THE LANDSCAPE EASEMENT DRAWN BY: MPW CHECKED BY: WGDIII SCALE 1°=20' ACCOUNT 115 EMAIL CCIEM.41L®AOL.COM 640 82nd Drive Gladstone, Oregon 97027 M:\MU\L14ERICK 503 650-0188 fax 503 650-0189 2S110DA-05300 ERICKSON HEIGHTS LLC 1672 SW WILLAMETTE FALLS DR WEST LINN, OR 97068 AFFIDAVIT OF MAILING CITY OFTIGARD Community rDeveCopment Shapiq l Better Community I, (Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of Tigar4 Washington County, Oregon and that I served the following: (Check AWOv Ue BOX(s) eebw) ' ❑x NOTICE OF DECISION FOR: VAR2002-00015/ERICKSON HEIGHTS CORNER SIDE 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 25, 2002, and deposited in the Onited States Mail on April 25, 2002, postage- prepaid. ~4 (Person at Prep ed Notic r STAgE OAF' OREGON ) County of'Was(hington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on theJ 5 day of , 2002. OFFICIAL SEAL DIANE M JELDERKS 1 NOTARY PUBLIC-OREGON My Commission Wires: 578 .326 COMMISSIO PIFlES SEPT 07, 2003 IP, MY COMMISSION EX ADJUSTMENT TYPE I APPLICATION .t CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 L GENERAL INFORMATION Property Address/Location(s): I ®Sm Sl✓ .ffaeVe SS L°t- f4 E~tl~swt dlt~c~ts FOR STAFF USE ONLY Tax Map & Tax Lot #(s): ZS 1 - do, - OS3 me Site Size: 0-re.10W. 8pmo rl At Case No.: Applicant*: Rev~a; n to Gw M ~.~.e Other Case No.(s): V1 Address: I671 5w i✓,llcwrtte Fa/f 0~-, ve Receipt No.: t ~~o City/State: we,~` G,..~ ate- Zip: q ~m ~S Primary Contact: Application Accepted By: Phone: CS 7 - g OvO Fax: 6s'9 160/ 1 1 Date: 1. i Property Owner/Deed Holder(s)*: (Attach list if more than one) 1 -014%e Date Determined To Be Complete: Address: Phone: City/State:. Zip: r - - - Comp Plan/Zone Designation: * Wh, I1 ple, the applicant must I Q i T~ ~r ssion with written autho 1111 J _ ;r. The owner(s) CIT Area: must the back of this form t ~1 • ° ' ' V Recording Date and Number: ` tlon. PROF Pe,AckcSSa~~ Rev. 11/1/01 is\curpin\masters\revised\adjustment-1.doc The l wed +it[e4 permission for an Admll ivision(s) of the Comrrl lly): LDeveloi REQUIRED SUBMITTAL ELEMENTS Y cj V. L4[12,(OZ- ♦ ~,e11 ~ ~r 1 ✓ Application Elements Submitted: ♦ F ~O\ <A Application Form ♦ F C &,wc-w avements/Existing Dev. ♦ S`ern7rV^n'i17i ctmnnfc_.Rnth~c4c. _ T_~~ fri.Rnrinra TfawRamnval Owner's Signature/Written Authorization I (Z Tower W` ; 03'7 " V. i C ❑ -iritle Transfer Instrument or Deed 9k%7, Site/Plot Plan (6 copies) Please Site/Plot Plan (reduced 81/,"x 11 ® Applicant's Statement ~Cft~S~ I (Addressing. Criteria-Under Section 18.370.020) ilinFee $100.00 I I z oz ~ .55 1 F PPLICANTS: onsider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as sccribed 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 .4 Ad 20 OZ i Ow Signature Owner's Signature Owner's Signature Owner's Signature 2 Receipt 27200200000000001306 T I D E M R K Date: 04/11/2002 COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due VAR2002-00015 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No Confine No. Amount Paid Check RENAISSANCE CUSTOM HOMES, LLC 0 012323 0 $100.00 TOTAL AMOUNT PAID: $100.00 24-22 . 0.1,2.3 2 3 RENAISSANCE CUSTOM HOMES, LLC ~2S~1km 1230 1672 Willamette Falls Drive ~~0°$~ Mrs West Linn Oregon 97068 503.557.8000 Pay: One hundred dollars-arid. no, cents DATE CHECK NO: , AMOUNT April 9, 2002 12323 $***'***-**100.00 PAY City of Tigard TO THE 8777 SW. Burnham St. ORDER P.O. BOX 230000 OF Tigard, OR 97281-1999 Submittal for City of Tigard Type I Application Proposal Summary Renaissance Custom Homes proposes to use the following setbacks: Front 20' Rear 15' ' Side 5' Corner 18' Current setback restrictions dictate a 20' corner setback. Development Adjustments allow 20-25% reductions. The proposed reduction is a minor reduction of only 10%. Two factors weigh heavily on the placement of this home. 1. In January, Brant and Lorraine Berry contracted with Renaissance for the construction and purchase of a home on this site. A blueprint was selected and a preliminary site plan developed. At that time, the City of Tigard was issuing permits for the Erickson Heights PUD which had 15' corner setbacks. Neither the present nor future property owners thought the above stated setbacks would be a problem. Prior to submittal for a building permit, the buyers withdrew their intent to purchase. Mr. Berry was laid off from Fred Mayer Inc. with a hundred others. The buyers could no longer afford the home, Renaissance shelved the plans. Last month Sandy, from the Planning Department, called Renaissance with news of a new interpretation regarding corner lot setbacks. She explained that the previously issued permits had been done in error. Perimeter lots could no longer be at 15% they require 20'. The Berry's have returned to financial stability and again would like to purchase this house. While the Berry's dream home would have been approved in January; now it will not be without this minor variance. No other reasonable alternative exists to place this home on this site. 2. The alternative is fronting the home on SW Hoodview instead of SW Naeve. Renaissance can provide the requested 20' corner setback if the home faces SW Hoodview. However, a large number of other problems will arise. It is estimated the rear yard setback would.only be 3' (15' is required). This would be a setback decrease of 80%. Insufficient space would exist in the rear yard to shed ground water away from the dwelling. Slope on Lot 14 Erickson Heights runs North to South. Carlson's Testing reports this lot to be native soil of good compaction. The geotechs estimate between 1 and T of loose soil will need to be removed for footing placement. The majority of the site is of moderate slope. The southern portion is severely sloped. Excessive digging in the slope would unnecessarily disturb the native soil, requiring considerable expense to then retain and control. The number of concrete retaining walls incorporated into the walls of the home would substantially increase. Increasing; the cost to the buyer, review and inspection time for the City, and building time required by the builder. Orientation this way would most likely require using window wells to meet egress, light, and venting requirements. The proposed setbacks are a minor and reasonable request to provide the best home, streetscape, and neighborhood. Other alternatives are more drastic and result in an inferior home, streetscape, and neighborhood. The Visual Clearance Triangle shall remain unobstructed. City. and Emergency access to the site will be unaffected. For all these reasons, this variance is the best solution with the least impact on everyone involved. . b L. , : e f. ~-,.may . - id - 1-5 77- ~ ~ '.tee • r~rV 'v .wr,Ii'•'•p.,• •,v ~ V • , a - .mow. .mow.. .•••Nru W • ~r' .mow. ~'r•. ~ 1 J Amok Sloe N 89'59'54 E 117.67' Pit o: 20 5, 42.33' (3Uzr ' I 1~ ~-e fwte.~ CIO 0 o m fpN 0 n n 1 O _______________J 02 n n n W W I 'J Ry 4.00' uJ 20.0' 5.00' Iq a I- Iq 3 o ~ U) ~y 4.00" 6.00' 49.4" Ln M n W o O ' 42.33' 0 W O < cn z % 00 1 I <N> S 89'5 " W 105.C4' CIea,aaC°- S.W. HOODVIEW DRIVE SCALE DRA WING LOT 14, ERICKSON HEIGHTS j S.E. 1/4 SEC. 1.0, T.2S., RAW., W.M. CITY OF TIGARD --A 2.5 FOOT LANDSCAPE EASEMENT WASHINGTON COUNTY, OREGON SHALL EXIST ALONG ALL STREET FRONTAGE. --A 7.5 FOOT PUBLIC UTILITY EASEMENT JANUARY 24, 2002 Centerline Concepts Inc. SHALL EXIST ALONG THE LANDSCAPE EASEMENT DRAWN BY: MPW CHECKED BY: WGDIII SCALE 1"=20' ACCOUNT 115 640 82nd Drive Gladstone, Oregon 97027 M: \MLI\L14ERICK 503 650-0188 fox 503 650-0189 U 0- O /,7JZ2 J.f . C Ir) O,U 1J J.I C tf r v o cv 8,526 F 0 0 8,738 S.. 0 8,075 S.F.o 8,761 S.F. z z z C) o~ or' 0 JE TABLE ° z z z z z ! 1 CHORD 8EARINCj J O 9; N 45'08'40" W! 65.60' 65.00' 49.09' L=6 5.25' L` Cly _lb -41 7! S 05'36-48W! 0 39.x' 71 S 13'46'51" W o N I R-~J00. e 1 N 89'52'07 E 17266' OO' L X5.40 4311' 65.00' 60.00' 65.00' 5; N 12'04'06"" E _ n - =110.40' N, 74 0 7 '1I N 04'04'08' E' S + S .W. LADY MARION DRIVE o 0 130.53' 793 ~ I R=500.00 nI N I =109N' N 89'5834" W 233.10' U-) 5! N 44'57'50" W; i cr! 05 N S89-24- EI I N - - - -11 91.55 112.10' 121.00 0 ~ 10.08' L =80.44' 1r) o 41 N 04'56'09" El Iti C\ N I ,ri 12'55'08" Ei ~p ~0 c9 Lc4j~ N 1,, 46 21 2t' '00 'I 5 12'20'34" w r L ~2.23' 73.08 f, w 82.01 31 S 04'11'4_3 W; 0 ~ cV U c0 01 33 " ~s. O r 7,604S.F. o 10) N 0 -10 ~2 9 'L 2' N 03'33'42' W' Q ' ni i 3j 7,848 S.F. ad ° s 6 'o :1- q ~lt_ - N i 2.3w, ; L (C). 00 A. V o C-) 6 s t5 5410 Cl w 1 00 r n 18 co ol N 17 7S 07 7" E 3 N89'47'54"E j w 3 Cq r~ of 00 ,414 S.F. r ~o 589'47'54"W 7,414 77 4-4'4g 'S8" w1 109,53' -C1 I 3 34 0 35 7,783 0, (D 4 N 85'16'49" wl 0 r 1 0 108.24' 1° 8,957 S.F. 0 8,924S.F. z 4 N 78'57'16" W! " EI 4'7 O C o °0 32 0 0 0 ~ w S89'57'06"E 101.62' ' N89'57'06"W 3 S 79'45'1/7, Q s 8525'50" E O 4 7,118 S. F. 3 I o 0 0 o z ° 17.65' 20.10 100.00' v p 9' S 88'57'26" I (n V) 6,493 " S.F. z d 21' 21' S 83'59'36" E Z S89'47'54"Wj 118.20'1 N 0 16 0 O a 5 78'45'92" E N89'47'54"E 21 21' - - o° 19 u o - ■ - S6 0 6,547 S.F. L6 co i N 79'38'59" WI 109.53 34 z ~ 6,548 S. F. - ~ o'^ N 1 N 85'22'47" W 11,7 o II n } Ilk- N 45'10'00" w r r ;o r 0 X66. 6 F 1n 97.57' r PRIVATE STORM 61.24' _ _ _ - _ _ _ N89'57'06"W 00 ~ ~ 48 11 ~ S OF 16'23 " E IN DRAIN EASEMENT _ 0,96 S 14'55'20" E 7,269 S.F. Ln rnlco ~ 103.16 i °D J 31 1 N89'4510"E 158.81' I 3 N 12'44'53" w. N 04'06'00' w o o w 10,097 S. F. N 3 PRIVATE STORM p~ S 08'50'59" E N89'47'54"E S89'47'54"W oro DRAIN EASEMENT \l%~ ?t' ; 15 St~ OT54'O1" W I .!n rn 21' -1 I N 08'50' 116.44' ~1 21 L =14, 87' 165.24' 20 'o 7,138 S.F. o N 83'48'20" w N L=27.78' 010 10,539 S.F. v i M L=22.08' \ o t s 83'_43'41 E': ° 49 30 N z N89'45'10"E 142.86' 06, ?i. N 08*025.3~_E1 0 t+ o S 89'59'54" W 117.67'. 8,781 S.F. 10,940 S. F. o r°o~ a O a `ti rl- 00 Ili 21 r` - - - v O --14 o Oo 550.12' N89'47 54"E 133.11 o S89'47 54"W - Z = X10. r- 149.43' 10,041 S. F. r 85.82 9.22 ° O u 21' 21' CA CA R=18.00' 50 29 L=28.19' 105.22' LA 21' 21' V) 56 8 S , ( S.W. HOODVIEW N N W - - W DRIVE T-6 ui 22 i Q N N 55 , F54 51 z ~ 28 13 SHEET 2 OF