VAR2002-00029
• • EXHIBIT A
NOTICE OF TYPE I DECISION
SETBACK ADJUSTMENT (VAR) 2002-00029
CITY OF TIGARD
PETERSON FRONT YARD SETBACK ADJUSTMENT conriuumty~DeveCoprncrrt
rwp~rg YA Better ~omnurnty,
120 DAYS = 12/28/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: PETERSON FRONT YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2002-00029
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce.the minimum front yard setback from 15 feet to 11.25 feet in
order to protect existing trees at the rear of the lot.
APPLICANT/ Ove Peterson
OWNER: 7761 SW Oak St.
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential.
ZONING
DESIGNATION: R-7; 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: 14040 SW 131St Terrace; WCTM 2S109AB, Tax Lot 07800.
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 Dlrector's'designee.
has APPROVED the above request. The findings and conclusions on which the decision, is
based are noted in Section IV ofthis decision.
NOTICE OF TYPE I DECISION VAR2002-00029/PETERSON FRONT YARD SETBACK ADJUSTMENT PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site History:
A search of City records show the subject property as part of the Raven Ridge Subdivision,
which received approval in 1999 for 40 single-family homes.
Vicinity Information:
The property is located on SW 131St Terrace, which is on the corner of SW 131St Terrace
and SW St. James Lane.
Site Information and Proposal Description:
The applicant has. requested approval for a Development Adjustment to reduce the
minimum front yard setback from 15 feet to 11.25 feet in order to protect existing trees at the
rear of the lot.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional
standards for the front yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.B.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 25% reduction to the required 15-foot front yard setback.
This would reduce the front yard setback from 15 feet to 11.25 feet. The "desired effect" is
to ensure the health of the existing trees located in the rear yard.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are approximately seven (7) trees located on the property. Saving the existing trees
is the purpose of the requested front yard setback adjustment.
The adjustment will not impede adequate emergency access to the site; and
The adjustment will affect the front yard setback only. Emergency access from the street
fronting the property will not be affected. Therefore, this criterion is satisfied.
There is not a reasonable alternative. to the adjustment, which achieves the desired
effect.
The adjustment will have no negative impact on the applicant's property. The garage is a
side load garage therefore, access to the site will not be affected except by reducing the
NOTICE OF TYPE I DECISION VAR2002-00029/PETERSON FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
front yard by 4.25 feet. The adjustment is requested to save existing trees on the property
and staff finds the adjustment to be the most reasonable to achieve the desired effect.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A front 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 SEPTEMBER 5, 2002.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE SEPTEMBER 6, 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.
September 5, 2002
PREPA 1~iegger DATE
ssistant lanner
r
September 5, 2002
APPROV BY: Ric rd Bewersdorff DATE
Planning Manager
i:\curpln\Mathew\var2002-00029.dec
NOTICE OF TYPE I DECISION VAR2002-00029/PETERSON FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3
la CITY of • .
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OE OO RARHIO INFORMATION SYSTEM
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VICINITY MAP
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YARD SETBACK
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n Information on this map is for general location only and
m should be verified with the Development Services Division.
13125 SW Hall Blvd
F Tigard, OR 97223
cc) (503) 639-4171
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Community Development Plot date: Sep 5, 2002; C:\magic\MAGIC03.APR
• • XHIPIT
2S109AB-07800
PETERSEN OVE & LORA
7761 SW OAK ST
PORTLAND, OR 97223
Ove Peterson
7761 SW Oak Street
Tigard, OR 97223
AFFIDAVIT OF MAILING CITY OFTIGARD
Community rDevefopment
ShqpingA (Better Community
I, (Patricia L. Luns{ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministmtive Specialist for
the City of 7igar , WWasfiiington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below) .
D NOTICE OF DECISION FOR: VAR2002-00029/PETERSON FRONT YARD SETBACK ADJUSTMENT
O AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked NUT% 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 EKhlblt"B", and by reference made a part
hereof, on September 5, 2002, and deposited in the United States Mail on September 5, 2002, postage prepaid.
(Pers(5Pre d Notice)
STATE OE OUGON
County ofWas ington ) )
ss.
City of Tigard )
Subscribed and sworn/affirmed before me on the day of / '2002.
V FICIAL SEAL
E M JELDERKS
Y PUBLIC-OREGON ISSION NO. 326578 MY COMMISSION EXPIRES SEPT. 07, 2003
My Commission E)Wkd: 1/7 zo
0
0 ,
ADJUSTMENT
TYPE I, APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX. (503) 684-7297
GENERAL INFORMATION, CC
2aJa-+tis R-~~ ~ Lo C~
Pro dress/Location(s):
Wap& SW IS/ St FOR STAFF USE ONLY
Tax a x Lot #(s): S 19 fl -67100
'
Site Size: e,300 S4. Case No.: mwa;
Applicant*: VQ S 4,-, / Other Case No.(s):
Address: CL
/ a~~--
City/State: _ a.rd O Zip; 3 Receipt No.:
Primary Contact. k- Application Accepted By
Phone: S03 4S 2 - CK /Fax: L'IZ - ~ .
Date:
Property wner/Deed Holder(s)*: tta h It-st-if-more_than one)--
QLA 1-:Holder(s)*: C Date Determined To Be Complete:
C7V2
Address: 7'7 61 Sty.) B ctlc S Phone: S'7--
City/State:-Xt q tur a IC :Zip: 22
Comp Plan/Zone D "nation:
* 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) 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. 7/12/02 is\curpln\masters\revised\adjustment-t.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 Adjustments:
♦ Adjustments to a Subdivision
"
♦ Reduction of Minimum Residential Density ✓ Application Elements Submitted:
♦ Landscaping Adjustments - Existing/New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length Application Form
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal Owner's Signature/Written Authorization
♦ Wireless Communication Facility Adjustments - Distance From Another Tower Title Transfer Instrument or Deed
0 Washington Square Reg. Center Density Adjustments
14 Site/Plot Plan (6 copies)
Please state the reason for the Adjustment request: r-1 Site/Plot Plan (reduced 8y)"x 11")
71 f4kS a c k yay Nh1- . e _-L4) t.4 1'1A 4 Applicant's Statement
I ( + T '✓'L~f A 6~~ a:r~ of' /Addressing re-Under\Section 18.370.020)
Filing Fee $205.00 l
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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: • r.
a
♦ 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.
fi~ QQ
DATED this day of WS ,2002-
Applicant/Authorized Agent Signature Owner's Signature
4 /qn /a h 2~
Owner's ig ature Owner's Signature
2
Receipt 27200200000000003260
Date: 08/30/2002
T I D E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2002-00029 [LANDUS] ADJUSTMENT 100-0000-438000 $205.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
CreditCard OVE PETERSON DCP 0 004577 $205.00
TOTAL AMOUNT PAID: $205.00
fI
.'7 i i
RECORDING REQUESTED BY
FIDELITY NATIONAL TITLE COMPANY OF OREGON
STATE OF OREGON
GRANTOR'S NAME County of Washington SS
Raven Ridge, LLC I. 1-Y of Assess-
County
GRANTEE'S NAME meet and
Clerk for - KY that
Ove b Lora Petersen
'{Y• C_/ thew Ived
and f said
county
SEND TAX STATEMENTS TO: U
~t
776, SJA Oak Rt
s>rtl and rriR 97 a a 3 rector of
axatlon. Ex-
AFTER RECORDING RETURN TO: lark
Ova S Lora Petersen Doc 2001073642
7761 Oak Street Rect: 284102 100.00
Portland, OR 97223 07/25/2001 03:08:41pm
WASHINGTON COUNTY 200~I1.O"U2
RAVEN RIDGE •DEVELOPMENTSIffiUTORY WARRANTY DEED IIIIIIl~I~lIInI~~~B~~~I~I~IIIi~
31
>~[Grantor, conveys and warrants to Ove Petersen b Lora Petersen. husband
and wife Grantee, the following described real property, free and clear of encumbrances except
as specifically set forth below, situsted'in the County of Washington, State of Oregon,
Lot 7 , Raven Ridge, City of Tigard, Washington County, Oregon
i~ THIS DOCUMENT IS BEING RERECORDED TO CORRECT VESTING. PREVIOUSLY RECORDED AS
~j DOCUMENT #2001073642.
Sub)ect to and excepting:
rW~- 2001-2002 taxes, a lien not yet payable. Restrictive Covenant recorded 7-29-92 #92052336. Conditions, restrictions,
easements recorded 10.2-96 #96107018 and those as shown on recorded plat. Easements as shown on recorded plat.
Covenants, conditions and restrictions recorded 4-23-01 #2001035701
0
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE
o 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 LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $ 77,500.00 (See ORS 93.030)
DATED: July 4, 2001
Don Grimm, Member
OFFICIAL SEAL
DEBI POX BALL
. NOTARY PUBLJGOREGON
COMMISSION NO. 319220
MY COMMISSION EXPIRES JAN 18.2003
WASHINGTON COUNTY
WRU~L PROPERTY TIIANSFER TAX
g o0 7- s-o
STATE OF OREGON FEE PAID DATE
COUNTY OF Clackamas
This instrument.was acknowledged before me on
by Don Grimm
as Member
of Raven Ride LLC
NOTARY PUBLIC FOR EGO
MY COMMISSION EXPIRES: 1-18-03
FORD-313 (Rev 2196) STATUTORY WARRANTY DEED
2002-3346
•
Type 1 Adjustment Application
RE: Raven's Ridge Lot 7 SW 131' Terr.
The following includes the Applicant's statement:
Accordiing to section '18.370.020 B. Development adjustments' 1. subpoint a. the Front yard setbacks
can be reduced up to 25%.
2. The Approval criteria shall be granted if there is a demonstration of compliance with all of
the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired
effect.
Comments: the desired effect for this site is to be able to use the setback requirements for the
lot. The rear yard setback is 15'. However the marked and preserved fir trees (6-7 total) in the
backyard infringes on the buildable area. 1 tree in particular leans noticeably into the buildable area
by 3-4 feet, and with limbs even more.
b. The adjustment will result in the preservation of trees, if trees are present in the
development area:
Comments: this is the exact reason for this application. In order to preserve the trees, we are
submitting for a variance to the front yard setback by 25% in order to move the footprint of the
home further away from the trees. The only impact to the street is a side of a garage that measures
21 feet in length. The rest of the home would be within all applicable setbacks.
c. The adjustment will not impede adequate emergency access to the site.
Comments: This can only help the access to the site by its being placed 4' closer to the street.
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
Comments: The only other alternative to reach the desired effect would be to grant permission to
cut down a minimum of 2 fir trees in the backyard, which no one wants.
We herewith submit a site plan that shows the approximate location of the trees involved, along with
the necessary paperwork.
Thank you for your consideration of this application
AUG 3 2002
CITY OF "GARD
r PLANNINGIE GINEERING
131ST
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