VAR2002-00025
• • E IM ~!M1Ly 'X11
NOTICE OF TYPE [DECISION
ADJUSTMENT (VAR) 2002-00025
CITY Of TIOARD
CARNEY SIDE YARD SETBACK ADJUSTMENT Community Development
Shaping A Better
Community
120 DAYS = 11/21/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: CARNEY SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2002-00025
PROPOSAL: The applicant has requested a 20% adjustment to the side yard setback to
reduce the setback from 5 feet to 4 feet to accommodate construction. The
applicant contends that the tree preservation easement that was created
as part of the Elkhorn Ridge Estates (SUB98-00006) does not permit him
to build a house on the lot without the adjustment.
APPLICANT/
OWNER: Paul R. Carney, Inc.
1480 NW 102nd Avenue
Portland, OR 97229
LOCATION: 14350 SW 128th Place; WCTM 2S109AA, Tax Lot 05500 (Lot 21 of
Elkhorn Ridge Estates).
COMPREHENSIVE
PLAN
DESIGNATION: R-7, Medium Density Residential.
ZONING
DESIGNATION: The subject property is within the R-7 Medium-Density Residential zoning
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.
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.
VAR2002-00025-SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITIONS OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Elkhorn Ridge Estates Subdivision (SUB98-00006 and SLR98-00004).
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 5-foot side yard setback by 1 foot to accommodate construction of the proposed
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 side yard setback to allow the placement
of the house. The required side yard setback is 5 feet therefore, a 1-foot reduction of this
setback 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 adjustment is being requested to allow the structure to protrude into the side yard
setback by one foot. There is a nine foot tree preservation easement on the opposite * side
yard that cannot be compromised. According to the applicant this is the minimum relief
needed to allow placement of the home.
VAR2002-00025 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
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 slope of the lot, 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:
Notice was mailed to the applicant and owners.
Final Decision:
A 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 ON JULY 31, 2002
AND BECOMES EFFECTIVE ON AUGUST 1, 2002.
Questions:
you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
Jul 31 2002
APPROVED BY: Brad Kil y ATE
Associate lanner
VAR2002-00025 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
SENT BY: PAUL R. CARNEY, INC.; 503 266 6661; JUL-24-02 3:23PM; PAGE 4/4
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SW WINTERVI W D City of-Tigard
Information on this map is for general location only and
should be verified vfth the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
(503) 639.4171
hltpW ww.ci.ligard.or.us
Community Development Plot date: Jul 31, 2002; C:UnagicWIAGIC03.APR
2SI09AA_05500
PAUL R CARNEY INC
1480 NW 102ND AVE
PORTLAND, OR 97229
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Devefopment
Sfiaping,4 Better Community
1, (Patricia L. Lun ford being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City of TWard,, Washington County, Oregon and that I served the following:
(Check Appropriate Box(y) Belaw)
❑X NOTICE OF DECISION FOR: VAR2002-00025/CARNEY SIDE YARD SETBACK ADJUSTMENT
0 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"6", and by reference made a part
hereof, on 1nIV 31, 2002, and deposited in the United States Mail on JUIV 31, 2002, postage prepaid.
I
(Person tha re ed Noti )
,LA
STATE OF OREGON
County of Washington ) ss.
City of Irgard
Subscribed and sworn/affirmed before me on the day of '2002.
OFFICIAL SEAL
j DIANE M JELDERKS
NOTARY PUBLIC-OREGON
326578
COMMISSION NO.
MY COMMISSION EXPIRES SEPT SEPT. . 07, 2003
1111TARY PUBLIC UF DREG
MV Commission Expir Z
SENT BY: PAUL R. CARNEY, INC.; 503 206 9681; JUL-24-.02 3:23PM; PAGE 2/4
ADJUSTMENT
A6. TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4971 FAX_ (503) 664-7297
GENERAL INFORMA ION
Pro arty Addre s/Lo 3Sv S w Z r~
7/ M FOR STAFF USE ONLY
Tax Map & Tax Lo Lk
Site Size: Case No.:
Applicant: C tit -t-C . Other Case No.($):
Address: Z Receipt No.: •a-
City/State: orT/'~ Q zip: `7 ?Z-2
g
Primary Contact: Application Acce led
Phone: s-o - 2 - 9.yo 6 Fax: o - Z y6- 6 / Date:
Property O er/bee Ider(s)*: ( ach Ilst f m 0 than ne)
t u ~ . 9y,... r . Date Determin T e Complete:
Address: Phone:
City/State: Zip:
l Comp Plan/7-one DesigGion:
When the owner and a applicant are diffcrent people, the applicant
must be the purchaser f record or a lessee in possession with written
_
authorization from the ner or an agent of the owner. The owner(s) CIT Area,
must sign this applica n in the space provided on the back of this Recording Date and Number: _
form or submit a writte authorization with this application.
PRQPOSAL SUMMA Rev. 1,/1,01 I:lcwplnVn3eteralrevised~adjuetment-1.doc
The owners of record the subject property request permission for an
Administrative Adju ment to the following provision(s) of the
Community Developm It Code (please circle one only):
evelopmenlAdjuslrrrcnl Fiu Yaid, ulterior setbacks and Lot coverage REQUIRED SUBMITTAL ELEMEM
iSoecial AdiusGnents:
♦ Adjus1ment4 to a Subdl on
♦ . Reduction of Minimum idential Density ✓ Application Elements Submitted:
♦ landscaping Adjustmen - Existing/New Street Trees
♦ Parking Adjustments - uctlon In staddng Lane ler>o Application Form.-
0 Perking Adjustments - uction in Minimum Parking for Transit improvements/Existing Dev.
setback Adjustments - 'tbackcs to Reduce Tree Removal Owner's Signature/Written Authorization
♦ Wireless Communlcallo Willy Adjustments - Distance From Another Tower Title Transfer Instrument or Deed
• Washington Square enter Density Adjustments
F Vdi^T Site/Plot Plan (6 copies)
Please,Stat he reaso for the A justrn t re uest:A i cl t w ~ Site/Plot Plan (reduced 8'/:"x 11
tT6~c 7- /►g&.~c Y./ ,ssfE
T yeca'. •t 9 y-t C'daS~~vA or` Applicant's Statement
-~r (Addressing Criteri70'* r Section 18.370,020)
S Filing Fee $~•l) SZ T- !/i-lrf
i Zvi M y 4I S 7-X,9 c f' r --vstt
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SENT BY: PAUL R. CARNEY, INC.; 503 296 9681; JUL-24-02 3:23PM; PAGE 3/4
APPLICANTS: ,
To consider an apPll ation complete, you will need to submit ALL of the REQLJ
IRED.SUBMITTAj`. ELEMENTS as
described on the fro of this application in the "Required Submittal Elements" box.
(Detailed Submittal R:a irement Information sheets can be obtained, upon request, for all types of Land Use Applications)
}
THE APPLICANT(S) S ALL CERTIFY THAT:
• su The above r.a est does not violate any deed restrictions that may be attached. to or imposed upon_the
bJ.~c.~ol a .
a• If the applicat-b ~is granted, the applicant will exercise the rights granted in accordance with the terms and subject to
all the condttic. ! and limitations of the approval,
+ All of the abo~%e tatements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the i licants so acknowledge that any permit issued, based on this application, may be revoked if it is
found that ant's ch statements are (also.
I
• The applicant :ii read the entire contews of the application, including the policies and criteria, and understands the
requirements f-p pproving or denying the application.
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i SIGNATURES of each owner of the subject property.
C', ' ED this day of 20 t 'Z
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of 4 J ,
OwneC-aftir- e O wner's Signature
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Owner's Signature ! Owner's Signature }
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Receipt 27200200000000002729
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T I D E M A R K Date: 07/25/2002~~
COMPUTER SYSTEMS, INC. U11U U
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2002-00025 [ULANUS) ADJUSTMENT 255-0000-438000 $205.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
CreditCard PAUL CARNEY DCP 0 093601 $205.00
TOTAL AMOUNT PAID: $205.00
•
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Sent by: PACIFIC N W TITLE 503 643 6416; 07/24/02 4:46PMjaj&& #945;Page 1/2
Catch The,Wave Of The Future
Pacific Northwest Title
Please return the favor by ordering title & escrow services from Pack Northwest Title.
Note: You may request this information by using Transaction Number T--304D
Attn: Paul Carney
Attn: Diane Parke/Planning(503-598-1960)
Phone:
Fax: 503-296-9681
Order Date County Property Address
07/24/2002 Washington 14350 SW 128th Place
Order Time Marketing Rep Owner
16:33:49 PM Paul Carney
❑ Trio ❑ PO Q Map 0 Deed 0 CC&R's M Labels 11 Other
IJ FAX 0 Deliver Q Will Pick Up Q Mail d EMail O Other
Additional Information
Order Processed By: Amanda
Order customer service on the internet at www.pnwtor.com
Customer Service & Nite Owl
603-671-0526
This information has been furnished at our expense without charge, in conformance with the guidelines by the St4te of
Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designdd to
benefit the ultimate insured; indiscriminate use only benefiting intermediaries will not be permitted. Said services: may
be discontinued. No liability is assumed forany errors in this report.
Sent by PACIFIC N W TITLE 503 643 6416; 07/24/02 4:47PM;jCffA #945;Page 2/2
A&OA- IM 746 WaaNn9104 county, organ
OdI73=0203:10:20PM 2002-088690
oa.Z1 j y3. DC111 %mull hn.r aHOIFFWN
Title Order No. 02211343 "00 Well 1114d $04.0 - T480$11200 IPA N o. 03311243 _ _ ~IIIIII I I 1 fl Il II liI IIII1~
` Anet Ratordiag Return To. Z o1
Paul R Carney, Inc
l fury 14~ta+ gnroerHAUSrmont aleYuatmn
wW aaCelab Coy U.At ra'lNoaranyten eaYnd,
1480 NW 102nd Avenue don«.e~WthV unt 0VVNlnlnItowet .~torvnw,y
Portland, Oregon 97229 wCCaiurY vAnraMa4lnIMEu 0,9 °r^0~0o01
4ury X W Nhwk Altiotar wnar,t and roatleM1
daAfArle tawny ti orb
I lotil a eh4w is roquZa4 all I" uatem=tY a6aa be x.721 to - .
Inc fallowing eddmi
Paul R, Carney, Inc
14110 NW 102nd Avenue
Portland, Oregon 97229
STATUTORY WARRANTY DEED
Ells Horn Ridgc Bstatcs, L.-C., Alt Oregou limited liability company, which acquired tide as Elk Horn Ridge Estates, LLC, an
Oregon limited liability company, Grantor, conveys and wan-4nts to Paul R. Carney, Inc, an Ortgoo CorporWon, Grantee,
the following described real property fhee of encumbrances, except as specifically set forth herein situated in Washington
County, Oregon, to wie
I.ut 21, IiLK HORN RIDGE ESTATES, in the Chy of Tigard, County of Washington and SgLLO of Ohegun.
This property is free from encumbrances, EXCEPT: Power of assessment of Clan Water Services; and Basements; and
Covenants, Conditions and Restrictions; sod Covenants. Conditions aad kestricrions that are Restrictive regarding Tree
Conacrvation, of record which benefits the property ter die urea in which the property is located.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DBSCRIaED IN "miS YNSTRUMENT IN
VIOLATION OF APPLICABLE LAND USF. LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TIOS !
INSTRUMENT. THE PERSON ACQUIRING FEE TITLI? Tn THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT 'Ii0 VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS
30.930.
The true consWradon for this conveyance is $90,000.00. (Here comply with the requirements of ORS 93.030)
WASHINGTON COUNTY
Dams this day of 2001- &FEE REAL PROPERTY TRANSFER TAX
Pik Ridge Estat L.L. PAID OATS
by: Te G. 13ooke, Principal
STATE OF OREGON
County of Washington ss
On" \0 day ofN 2002, before me, the undersigned, personally appeared the within named
Terry G. pookc as Principal of Glkm Ridge Estates, L.L.C., an Oregon Limited Liability Company known tome to be
the identical individual who executed tho within instrument and acknowledged to Inc that he executed the same (}rely and
voluntarily.
OFFICIAL SEAL
t*YmDY REUSSER
Na7, PURLIC.dREGON
aWMISSION 140,342M Notary bbc for rho State of Oregon
Wco"SS10NEXPRESttAR2l',400t My oomm iss lon expires:
SENT BY: PAUL R. CARNEY, INC.; 503 296 6681; JUL-24-02 3:23PM; PAGE 4/4
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