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VAR2003-00031
EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003-00031 CITY OF TIOARD WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #4 Community (Development ShapingA (Better Communi 120 DAYS = 9/19/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #4 CASE NO: Adjustment (VAR) VAR2003-00031 PROPOSAL: The applicant has requested an adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet to accommodate construction. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 12265 SW Kelly Lane; WCTM 2S103CC, Tax Lot 09500. 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 VAR2003-00031- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #4 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 lot 42 of the Whistler's Walk Subdivision. No other land-use cases are associated with this parcel. Site Information and Proposal Description: The applicant has requested an adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet to accommodate construction. 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; According to the applicant, the earnest money agreement regarding the sale of the home was entered into by the applicant and homebuyer on the presumption that the front yard setback to the house was the same 15 feet as in other subdivisions. Pushing the home back in order to meet the required 20-foot setback will decrease the size of the backyards and may cause homebuyers not to proceed with the purchase of the home. The only portion of the proposed home that will be at the 15-foot setback will be the front porch. The habitable portion of the main residence will meet the underlying setback requirement. Allowing the reduction for the front porch to be closer to the front lot line achieves pedestrian friendly development, which is an important aspect of neighborhood livability. 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. NOTICE OF TYPE I DECISION VAR2003-00031- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #4 PAGE 2 OF 3 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. An alternative to granting the adjustment to the front yard setback would be constructing the home further back on the lot. However, the combination of the City already issuing building permits in error and the signing of earnest money agreements by future home owners, the adjustment is the most reasonable solution. Without the adjustment, the applicant may have to void the earnest money agreements which may cause the loss of current sales. This is an adjustment to an unusual circumstance. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. 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 ON MAY 29, 2003, AND BECOMES EFFECTIVE ON MAY 30, 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. May 29, 2003 PREPAR D Y: Ma ew Sc degger DATE. Istant Planner NOTICE OF TYPE I DECISION VAR2003-00031- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #4 PAGE 3 OF 3 • • EXHIBIT Venture Properties VAR2003-00031 Attn: Jim Delmore WHISTLERS WALK FRONT YARD SETBACK 4230 SW Galewood, Suite 100 ADJUSTMENT #4 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community Deveropment ShapingA Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCtist for the city ofTWard,, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Mew) ❑X NOTICE OF DECISION FOR: VAR2003-0003 I /WHISTLERS WALK FRONT YARD SETBACK ADJUSTMENT #4 ❑ AMENDED NOTICE (File NoJName Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibiff, 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 Exhibil l", and by reference made a part hereof, on MY 29, 2003, and deposited in the United States Mail on May 29, 2003, postage prepaid. r c (Pe at Prepared oti STA9E OF OGOJV County o Was ington )ss. City of Tigard Subscribed and sworn/nffi ed before me on the day of , 2003. ,ro OFFICIAL SEAL J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 No FUREIRON My Commission Expires: 0-7 • 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): 12265 SW Kelly Ln Tigard, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): WhistlerG Walk 1 nt- 42 Site Size: 6 , 834 sa ft Case No.: 'U{. P a603, 000 3 Applicant*: Venture Properties Other Case No.(s)-. Address: 4 2 3 0 Galewood St 91 0 0 City/State: Lake Oswego, OR Zip: X37035 Receipt NO.: X003 ~ 190 PrimaryContact: Jim Delmore Application Accepted By: C. • Cowes-~ Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 Date: 5-0-3 Prop ppwner/Deed Holder(s)": (Attach list if more than one) Vnture Properties Date Determined To Be Complete: Address: Phone: City/State: same as above -Zip: Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant Lo v) De n z Res f2- S 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): > 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 2/"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: a Site/Plot Plan (reduced 8t/i'x 11") G We would like a Type 1 Adjustment E5 Applicant's Statement per section 18.370.0208 subpoint A (Addressing Criteria Under Section 18.370.020) Also see a ac e pp scan Filing Fee $205.00 Statement addressing criteria under Section 18.370.020 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 subiect 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 1-4 L:Cz 20 /AIicant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 Type 1 Adjustment Application RE: The following includes the Applicant's statement: According to section 18.370.020 B.,Development adjustments 1. Sub point 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 Earnest Money Agreement was entered into by the Applicant and Homebuyer on the presumption that the Front Yard Setback to the house was the same 15 feet as in our other subdivisions in Tigard. Pushing these homes back will decrease the size of the backyards and may cause homebuyers not to proceed with the purchase of the home. We are only looking for an adjustment on the lots that we have sold the homes with the presumption of a 15' setback, and on two lots that are not deep enough for our standard home to fit b. The adjustment will result in the preservation of trees, if trees are present in the development area: Comments: No trees are affected by the request. c. The adjustment will not impede adequate emergency access to the site. Comments: This can only help the access to the site by allowing the home to be 5' closer to the street. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Comments: Applicant met with staff, who consulted with the Director of Planning and it was agreed that the Type 1 Adjustment was the best course of action. Without approval of the Adjustment, we may have to void the Earnest Money Agreement which will certainly cause the loss of a number of current home sales. 4230 Galewood St. Suite 100 Don Modssette Homes Lake Oswego, Oregon 97035 May 9, 2003 Regarding Property located at: Whistler's Walk / Lot # 42 12265 SW Kelly Lane Tigard, Oregon 97223 To whom it may concern, At the signing (purchase) of the earnest money the set back for the Whistler's Walk subdivision were assumed to be 15 feet to the house, 20 feet to the garage. These assumed set backs played a large role in the decision to purchase in Whistler's Walk. Sincerely, Brent Landels, Community Manager / Realtor - x 7 g Z-2,, c Signa ure: Dat & Lethu Trinh 05/28/2003 13:41 503-387-7617 VENTURE PAGE 02 J DON • MORISSETTE OBE: 2812 HOYa8 INCORPORATED LOT: 42 4 8 a o G A L S w o o D S T R Z 3 T f AIR OSWEGO. OaaEON e70a5 DATE: 04/28/2009 508)387 -7608 r♦x oa>ae'r-7'016 PROPERTY: WIIISTLER'S-WALK CITY: TIGARD SCALE: 1"a20' PLAN -No.: 199 STANDARD ELEVATION 322 M■321' __71 FL-322' PRIVATE ISAW sD W I 9 d®, 41. 42, 0 43. sro~lo" a°nu°' 32A 9 B -~L n I % I I I I 2m - 326 1 MK I I I I I I I I i I I_ 4 b~ drm. e. ~fy L. J;b I ; 328 121 24 bath 1eF~. 331.5 I I 1 ~ 18'4• lo' 330 b3?~ sc~. ft. y, 3 car 331' . Q I 332 I ~ ° '991' .x..~• , ~ ''r:',~: •991', O I®.9' P1IE- _ r_i~'' '`yyJ~ `',y 334 r, I , ; i !lam n e EL■331' 9a ■335' - 12265 S.W. KIELLY LANES. LEC%ENC) LOT COVERACIM LOT AREA: 6,834 5Q, FT, (D2' AGER QUIISMU t BUILDING AiREA: 2,300 $Q, FT, LOT 042 RED MAp(_Fm' PERCENTAGE: 33.79x, 6+834 eq. f!. Fo r~rcw • I[ LIU I[ U III III[ r+lrcw LILI I U111 Hull ~ 00000 000 AMERICANA ELEVATION 4ljj. PITCH 1? • 11 i RIGHT ELEVATION 12:11 PITCH IL 11 12 5~ i LEFT ELEVATION 0 4/CIW EL. I MO x M oLB. !L. I 6JEn" EL. I J I Y I p e I Dm.. M3 e ro ~ ;o x O Im m' © N ISLAND I m eCAA L , e FAMILY v xm* N -b' 4'-7' b'-7• REF. „ 3 x - PANrRY 4 4z4 F, POST IALE PALL O N ® in D. '114 e 9 -b' 3 0 - s 0 M WALE WALL I ILL I I, OEeN TO 19 n" I! J~ 9 e• CL66 ~ Sm DINING Lam, v .n Q/pgJO ~ ^F 9 m I ~n I s E v 11 0 V GE3 M4 3' CONC. PILLED--o IJ' DEEP SOFFIT 6 A I7' OOLLrN $TEEL ENPE 4 UK (T7PJ ~'-0' 17'-4' 10•_0' 6 I I IF - 1-I I rv _ m GARAGE e'CLQ 9 IWI ASME LIVING I ° I '°N • roJlo nJwlnro i = I r e I - I 1 ae ;p IL.UOIJAC B'. M3 MDELnWT NOEL" M PORCH K~E✓0 07-0. DOOR 041D. DOOR CONCRETE ~o f7J 1Jp~Ap SiL W.O. 13'-0' ~'-0' 30'_0• MAIN FLOOR PLAN w .r-o 1.610 8Q. FT.