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VAR2003-00041
EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003=00041 CITY OF TIOARD WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #7 Community(Development Ska CommunitA- 120 120 DAYS = 9/30/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #7 CASE NO: Adjustment (VAR) VAR2003-00041 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 on Lot 40 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 12185 SW Kelly Lane; WCTM 2S103CC, Tax Lot 09300. 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 VAR2003-00041- WHISTLER'S FRONT YARD SETBACK ADJUSTMENT #7 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 40 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 south side of the garage, which is not the access point to the site. The site will maintain a 42-foot setback from the access point of the site to the garage door. The habitable portion of the main residence will exceed the underlying setback requirement by 5 feet (25 feet).' Therefore, the requested adjustment is considered the least required to achieve the desired effect. 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 VAR2003-00041- WHISTLER'S FRONT YARD SETBACK ADJUSTMENT #7 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 JUNE 12, 2003, AND BECOMES EFFECTIVE ON JUNE 13, 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. y JUNE 12, 2003 PREPAPE B athew eidegger DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2003-00041- WHISTLER'S FRONT YARD SETBACK ADJUSTMENT #7 PAGE 3 OF 3 DON ° MORISSETTE OBE: 2810 HOMES INCORPORATED LOT: 40 4 2 3 0 G A L E W O O D S T R E E T LAKE 0SWEG0. OREGON 97035 DATE: 4/26/03 (503)387-7538 FAX (503)387-7815 PROPERTY: WHISTLER'S-WALK CITY: TIGARD SCALE: 1"=20' PLAN No.: 191 OPTION 2 ELEVATION 328 330 332 i 328' 8038' ~ I I 333'1 STORM of I - - - - - _ I er~~ °O s`rend rey e°-ba9 B O 331 I /DECK I/I 14'2' 19'10' 333 ~I 25'-4 1 334 5 0' O ' r 0 Q 3,425 aq, ft. I I f Y; 5 bdrm. _ SEWER 31i2 bath -j I Lu 4 35'2' 336 ' 96 • C\! _ 14'10' / O PORCI-I / 336 •336 ,'i •;:~j,, :336 665 sq. ft. a •.~.~~y'`°;"~'~'~:'~ t~ -\i/- E. 336' '336....• . ` `'i: 4'10' 410 335 13 - - - . / '•'.v :.•f r 105' PUE. SCAPE~ , - - - - - - ~ ~ :338'.'~>; 5038'' 338 338 I rcl w 3 LEGEND -2' ACER RUBRUM O RED MAPLE' LOT COVERAGE LOT AREA: 1,662 SQ. FT. -2• PYRUS CALLERYANA BUILDING AREA: 2,554 SQ. FT. LOT 040 'CHANTICLEER PEAR' PEIRCENT,4GE: 33.3% lk(o2 Sq, ft. • EXHIBIT Venture Properties VAR2003-00042 Attn: Jim Delmore WHISTLER'S WALK FRONT YARD SETBACK 4230 SW Galewood, Suite 100 ADJUSTMENT #7 Lake Oswego, OR 97035 to AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sfraping,l Better Community I, (Patricia L. Lu or( being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City of Tigar4'Waskington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) 0 NOTICE OF DECISION FOR: VAR2003-0004 I /WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #1 ii 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 lane 12, 2003, and deposited in the United States Mail on lone 12, 2003, postage prepaid. (Perso Prepared N tic S A7E OF OGON County of Washington ss. City of igard I Subscribed and sworn/54irmed before me on the day of , 2003. o OFFICIAL SEAL ; b J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 O `MY COMMISSION EXPIRES APR. 27, 2007 Mv Commission Expires: ` ADJUSTME T TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 GENERAL INFORMATION )AI Property Address/Location(s): 1-~ SW Kelly Lane Tigard, 0'3 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Whistlers Walk ?got 40 aSlo3c~- d93oo Site Size: 7662 sq. ft. CaseNo.: VAR ao03-000q-1 Applicant': Venture Properties Other Case No.(s): Address: 4230 Galewood St. i'/100 City/State: Lake Oswego, OR Zip: 97035 Receipt No.: PrimaryContact: Jim Delmore Application Accepted By: Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 .a a7 Date: S/ay/o 3 Prop rt ppwner/Deed Holder(s)": (Attach list if more than one) Vdynture 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 Low D errs R-e-s JP, 4 . 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): YDevelopmentAdjustment - FrontYard,InteriorSetbacksandLotCoverage REQUIRED SUBMITTAL ELEMENTS YSoecial 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 ❑ Owners Signature/Written Authorization ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ❑ Title Transfer instrument or Deed ♦ Was„ir ^ten Square Reg. Center Density Adjustments ❑ Site/Plot Plan (6 copies) Please state the reason for the Adjustment request: ❑ Site/Plot Plan (reduced 81/)"x 11") We would like a Type 1 Adjustment ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) per section 18.370.02013 subpoint A so see a ac e pp scan ❑ Filing Fee $205.00 Statement addressing criteria under Section 18.370.020 1 f r 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 2 '1 day of ~ 1200-:!!> icant/Authorized Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 5/30/2003- 13125 SW Hall Blvd. 4:41:19PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000002259 Date: 05/30/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00039 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00040 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00041 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 Line Item Total: $611 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check VENTURE PROPERTIES CAC 16185 In Person 615.00 Payment Total: $615.00 BANK WALXER ERICA 28 16185 " VENTURE PROPERTIES, INC. 185th8 WALKER OFFICE 2858 ;ALOH 3230 A;.OR 97007 4230,GALEWOOD.'ST SUITE 100" LAKE .OSWEGO; `0REG6W97635; P' (563) 38745W rd';..fifteen dollars andno' cents S1 x hund e Pay • DATE';..-... CHECK NO. AMOUNT 28 2003 1618:5 $****:****615.:-00, Ma.y PAY CITY .OF TIGARp PO $OX.2300,00 _ TOTHE ORDER TIGARD,' OR*'r97281 1999 -OF U G Page 1 of 1 cReceiptspt 4230 Galewood St. Suite 100 Don Modssette Homes Lake Oswego, Oregon 97035 May 9, 2003 Regarding Property located at: Whistler's Walk / Lot # 40 12182 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, x Brent Landels, Community Manager/ Realtor X' Signature: Lee & Stacey Moss 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. 11 JAI HL111 1111 Ul 11 LL[I]I-LLtHi 1111 1 111 111116 1111 T Lill I.Lull Lill UH 11U1111 H 1-111 H Ll 11 11 T11 IIITI1 III as El 0.11 FRONT ELEVATION V4'•I'-O' 16 110 MIMI, 11 EWULLIJULLIA 1i 11111 11 H Li 14 ULI III I JAM 11 H 11 h REAR ELEVATION V4'•I'-0' , ra- 4 .r ~Y~S,TIO~ v4•.r-~ LEFIT ~'-0• 3r-p• l'-0' p'-0' 6'-10• 12'•10• r-r I i ~ r•2• % lACAr10 !L >^^^^^'>D~AA~D OL x .'.Y,(rX F RAL W. , Gds/ METAL _ _ FIREPLACE i VILLT VALLT ` Q VALT VAULT LIWDM e CsREAT Rf" I. 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