VAR2003-00017
EXHIBIT
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2003-00017
CITY OF TIGARD
ABRAHAMSON FRONT YARD SETBACK ADJUSTMENT Community(Devefopment
ShapingA OetterCommuni
120 DAYS = 6/28/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: ABRAHAMSON FRONT YARD SETBACK ADJUSTMENT
-CASE NO: Adjustment (VAR) VAR2003-00017
PROPOSAL: The proposal is to reduce the required front yard setback from 20 feet to 15
feet on the eastern side of the lot to accommodate the footprint of the
proposed home.
APPLICANT/
OWNER: Bruce & Sherry Abrahamson
12735 SW Marie Ct.
Tigard, OR 97223
LOCATION: 12735 SW Marie Court; WCTM 2S104AD, Tax Lot 00500.
ZONING AND
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: 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.
NOTICE OF TYPE I DECISION VAR2003-00017-ABRAHAMSON FRONT YARD 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 History:
The subject site is part of the Bellwood Subdivision. One home occupation permit was
issued in March of 1997 for a home office. No other land-use cases are associated with this
parcel.
J
Site Information and Proposal Description:
The proposal is to reduce the required front yard setback from 20 feet to 15 feet to
accommodate the addition of a dining room to the home.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
'DEVELOPMENT ADJUSTMENTS:
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 reduction to the front yard setback from 20 feet to 15 feet.
The "desired effect" is to provide a dining area in the home. The requested adjustment is the
least required to achieve the desired effect and has no impact to the adjacent lot.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are associated with this request. Therefore, this criterion does not apply.
The adjustment will not impede adequate emergency access to the site.
The request is for a front yard setback adjustment. Access to the home will remain
unchanged. Therefore, emergency access to the site will, not be impeded.
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
NOTICE OF TYPE I DECISION VAR2003-00017-ABRAHAMSON FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There are no other alternatives that would achieve the desired effect.
FINDING: Based on the analysis above, staff finds that the development adjustment
criteria are satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A side yard setback 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 MARCH 6, 2003,
AND BECOMES EFFECTIVE ON MARCH 7, 2003.
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.
March 6, 2003
PREPARED Y: Ma cheideg r DATE
Assistant Planner
ewu e A-4 March 6, 2003
APPROVED BY: Richard Bewersdo , DATE
Planning Manager
-NOTICE OF TYPE I DECISION VAR2003-00017-ABRAHAMSON FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3
It KAT ERI CITY of TIGARD
GEOGRARMIC INFORMATION SYSTEM
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ABRAHAMSON BRUCE Q
AND SHERRY L EXHIBIT
12735 SW MARIE CT
TIGARD, OR 97223
AFFIDAVIT OF MAILING CITY OFmum,
TIGARD
Commuuity (Devefopmerlt
S(apingA Better Comnunity
I, Tatnci G. Gunfon being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpeciaCutfor.
the City ofTWard, Waskington County, Oregon and that I served the following:
(Check Appropriate Buis) Bebw)
551 NOTICE OF DECISION FOR: VAR2003-00011/ABRAHAMSON FRONT YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File NoJName Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit'W, 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 March 6, 2003, and deposited in the United States Mail on March 6, 2003, postage prepaid.
(Person that P ared Notice
STATE Off' OREGON
County of Washington )ss.
City of igard .
, 2003.
Subscribed and sworn/affirmed before me on the day of 40n
OFFICIAL SEAL
01ANE M JELDERKS
IGORE(,O
NOTARY PUBL 8
COMMISSION N0.326578
MY COMMISSION EXPIRES SEPT. 07.2003
NOURY PUBLIC OF UREGO
My commission Expires: 0
.I
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): )-735 5l~ J"lQ}~Q C
Cc.2 O 1 aJ_ FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): `251 o A 6o
AX2kM3- 0(y)(77
Site Size: 0 o s Case No.:
AppIicant*:'--,~v'Lye_ Q- S r aliomsan- Other Case No.(s): 01A'
Address: UIZ-5 SW M(Kj~y \1i 0+
City/State: _-If Zip: Receipt No.: ZaD 3 0 0 8 LS
Primary Contac . SL W Application Accept d By: K
Phone: y
L^U 31-,5»o Fax:-'5o3 5-7q - 70(o z~~p3
Date:
Property OwnerlDe,g0 Holder(s)*: (Attach list if more than one)
rte d ~6,ylft-t IAt/'rJMAS) >7 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
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-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):
➢DevelopmentAdjustment-FrontYard,InteriorSetbacksandLotCoverage 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 [91 Title Transfer Instrument or Deed
♦ Washington Square Reg. Center Density Adjustments
IQ' Site/Plot Plan (6 copies)
Please state thI re son fort a Adjustment r quest: kju /vP1.1Site/Plot Plan (reduced 8t/2"x 11
A& ~ 4(~ ~,C~ /Applicant's Statement
?'~1f6 CLaI~![n~ ;dZLe
(Addressing Criteria Under Section 18.370.020)
F 01"Filing Fee $205.00
GL ~
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 1 200 3
Applicant/Authorized Agent Signature Owner's Signature
c~ris dL
~ 0 AAJ J
Owner's Signature ne 's Signa re
2
CITY OF TIGARD 3/3/2003
13125 SW Hall Blvd. 11:56:37AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200300000000000815
Date: 03/03/2003
Line Items:
Case*No Tran Code Description Revenue Account No Amount Paid
VAR2003-00017 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
Line Item Total: $205.00
Payments: -
Method Payer User ED Acct/Check Approval No. How Received Amount Paid
Check BRUCE & SHERRY KJP 104 In Person 205.00
ABRAHAMSON
Payment Total: $205.00
BRUCE ABRAHAMSON AND =Resource Management Account® 104
SHERRY ABRAHAMSON
12735, SW MARIE CT Date .2. 8 Q 25-80/440
TIGARD, OR 97223
• Flay to the- -r op
Order bf .Z <
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Dollars o
FaineWeliber BCDEFG KLMNPRST U~VWYZ
Bank One, N.A., Columbus, OH 43271
For
Paee 1 of 1 ~Rereint.rnt
OREGON TITLE
I n s u r a n c a C a m p a n q
LauryersTitleInsurance Corporation
A LANDAMERICA COMPANY Lake Oswego Branch
4550 Kruse Way, Suite 175
Lake Oswego, Oregon 97035
(503)635-8851 Fax: 635-9187
Oregon Title Insurance Company
Jenny Dunaway
4550 Kruse Way, Suite 175
Lake Oswego, Oregon 97035
Date Prepared: August 1, 2002
PRELIMINARY TITLE REPORT
FOR ISSUING TITLE INSURANCE
ORDER NO 878575w
PARTY REFERENCE ABRAHAMSON
PROPERTY ADDRESS: 12735 SW Marie Court Tigard, Oregon 97223
OTHER REFERENCE
Lawyers Title Insurance Corporation is prepared to issue title insurance as of
the effective date and in the form and amount shown on Schedule A, subject to the
conditions, stipulations and exclusions from coverage appearing in the policy
form and subject to the exceptions shown on Schedule B. This report is preliminary
to the issuance of a policy of title insurance and shall become null and void unless
a policy is issued and the full premium paid.
This report is for the exclusive use of the persons to whom it is addressed. Title
insurance is conditioned on recordation of satisfactory instruments that establish
the interests of the parties to be insured; until such recordation, the Company may
cancel, amend, or supplement this report for any reason.
Thank you for placing the order with us.
If you need assistance with this report, please contact:
Jenny Dunaway, Escrow Officer Phone: (503)635-8851 Fax: 635-9187
PRELIMINARY TITLE REPORT DATED August 1, 2002 ORDER NO. 878575w
SCHEDULE A, Page No. 1
1. The effective date of this preliminary title report is 5:00 P.M. on
July 24, 2002
2. The Policy or Policies to be issued:
Policy/Endorsement Description Charge
ALTA Extended Lender's for $135,000.00 $ 587.38
(Re-issue Based on Prior Liability of
$110,000.00)
Lender End 52.2(100.2);59(116);83.1(8.1) 75.00
Local Govt. Lien Search 50.00
3. Title to the land described herein is vested in:
BRUCE Q. ABRAHAMSON and SHERRY L. ABRAHAMSON, as tenants by the
entirety
4. The land referred to in this report is described as follows:
As fully set forth on Exhibit "A" attached hereto and by this
reference incorporated herein.
Order No. 878575w • •
EXHIBIT "A"
Legal Description
Lot 10, BELLWOOD, in the City of Tigard, County of Washington and
State of Oregon.
PRELIMINARY TITLE REPORRATED August 1, 2002 ORDER NO. 878575w
SCHEDULE B, Page No. 1
Except for the items properly cleared through closing, the proposed policy or policies
will not insure against loss or damage which may arise by reason of the following:
1. Taxes or assessments which are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the
public records; proceedings by a public agency which may result in taxes or
assessments, or notice of such proceedings, whether or not shown by the records
of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of said land or by making inquiry
of persons in possession thereof.
3. Easements, claims of easements or encumbrances, not shown by the public records
reservations or exceptions in patents or in acts authorizing the issuance
thereof; water rights, or claims or title to water.
4. Any lien, or right to a lien, for unemployment taxes, workman's compensation,
services, labor, equipment rental or material, heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or
any other facts which a correct survey would disclose.
NOTE: Exceptions 1 through 5 may be modified or eliminated from the policy based
upon receipt and review of additional evidence of insurability, including, but
not necessarily limited to, the following:
(a) If a survey is not required for loan purposes, the Company will not require a
survey.
(b) Proof that there are no parties in possession or claiming the right to be in
possession other than the vestees herein and that there are not existing leases
or tenancies.
(c) Proof that there are no statutory liens for labor or material, including
liens for contributions due to the State of Oregon for unemployment compensation
and for workmen's compensation which have not gained or hereafter may gain
priority over the lien of the insured mortgage, which liens do not now appear of
record.
6. 2002-03 taxes, a lien in an amount to be determined, but not yet payable.
7. Municipal liens, if any, imposed by the City of Tigard. We find none, per the
public records, as of July 24, 2002.
(Continued)
qCHEDULE B, Page No. 2 •
Exceptions, Continued Order No.: 878575w
8. Covenants, conditions and restrictions, if any, appearing in the public records.
9. Any easements or servitudes appearing in the public records.
10. Any lease, grant, exception or reservation of minerals or mineral rights appearing
in the public records.
11. Trust Deed, including the terms and provisions thereof,
Dated May 17, 2002
Recorded May 28, 2002
Recorder's Fee No. 2002-060718
Grantor : Bruce Q. Abrahamson and Sherry L. Abrahamson, husband and wife
Trustee Oregon Title Insurance Company
Beneficiary Mortgage Electronic Registration Systems, Inc. (MERS), a
Delaware corporation, acting solely as a nominee for CNC
Mortgage Corporation, lender and lender's successors and
assigns
Amount $110,000.00
Loan No. 998738976 / MIN 100052599873897652
NOTE 1: we find no unsatisfied judgments, state or federal tax liens against
the vestees herein.
NOTE 2: Taxes paid in full for the year 2001-02
Total Amount $1,821.23
Levy Code 023.74
Account No. R480241
Map No. 2S14AD-00500
Michelle L. Hoke, Title Officer
NLL/mss
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