VAR2003-00043
EXHIBIT
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2003.00043
CITY OF TIOARD
WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #8 Community(Development
Ska 'ngA Better Communi
120 DAYS = 9/30/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #8
CASE NO: Adjustment (VAR) VAR2003-00043
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 5 of Whistler's Walk Subdivision.
APPLICANT/
OWNER: Venture Properties
Attn: Jim Delmore
4230 SW Galewood, Suite 100
Lake Oswego, OR 97035
LOCATION: 13615 SW 124th Avenue; WCTM 2S103CC, Tax Lot 5800.
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 VAR2003-00043- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #8 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 5 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 VAR2003-00043- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #6 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.
1
June 12. 2003
PREPAR D hew eidegger DATE
Assistant Planner
NOTICE OF TYPE I DECISION VAR2003-00043- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #8 PAGE 3 OF 3
TTE OBE : 2"7'7 5
DON ° MORISSE RATED LOT: 5
H0M11S IN S T R E E T 1/20/03
AK6O0SNEG0. OREGON 97035 DATE: R'S-WALK
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LAKE 87-7536 FAX (503)367-7615 PROPERTY: CITY: TIGARD
SCALE: I"=20'
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PLAN No.:
OPTION 2 ELEVATION
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RED 1 IAPLE'
LOT AREA, j,246 SG2. FT. LOT "5
BUILDING AREA: 2,146 SQ. FT. ~,~4fo sq. Ft.
PERGENTACsE= 29.0%
-2' PYRUS GALLERYANA
CH,4NTIC-LEEP, PEAR'
Venture Properties VAR2003-00042 EXHIBIT
Attn: Jim Delmore WHISTLER'S WALK FRONT YARD SETBACK
4230 SW Galewood, Suite 100. ADJUSTMENT #8
Lake Oswego, OR 97035
11 . •
AFFIDAVIT OF MAILING CITY' FTIGARD
Community (Development
SCrapig,4 (Better Community
I, Patricia L. Lu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCst for
the City of TWan~Washington County, Oregon and that I served the following:
(Check nppoptate BOX(s) eelD M
❑x NOTICE OF DECISION FOR: VAR2003-00043/WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #8
o AMENDED NOTICE (File NolNarne Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Edibil 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 June 12, 2003. and deposited in the United States Mail on lone 12, 2003, postage prepaid.
Z5, >
(Person that-Prepared Notic!y
SZA?E OAF OUGON
County of Washington )SS.
City of Tigard )
Subscribed and sworn/a ed before me on the day of , 2003.
r . OFFICIAL SEAL
~b J BENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007 NOTARNPUBLIC OF OREGON
O
My Commission Expires: a`
z~
.
l(5 •
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): 1 361 5 SW 1 24th Ave.
Tigard, OR 97223 FOR STAFF USE ONLY
Ta_x Map & Ta_x Lot #(s): Whistlers Walk lot-- 5
1 d 5103 CC - 0,5800
Site Size: 7, 246~sq ft Case No.: \JAFI Qoo3 -o00•+3
Applicant*: Venture Properties Other Case No.(s):
Address: 4230 Ga l ewood St l 1 00
Receipt No.: a o03 . a a 7 7
City/State: Lake Oswego, OR Zip: 9 7 0 3 5
PrimaryContact: Jim Delmore Application Accepted By: • Cew.~~
Phone:503-387-7500 / 866-.4839 Fax: 503-387-7617 $ a~ _ u 3
Propert ppwner/Deed Holder(s)": (Attach list if 'more than one) Date:
Veynture Properties Date Determined To B Complete:
Address: Phone: (J---'
City/State: same as above ..Zip:
Comp Plan/Z • ne Designation:
* When the owner and the applicant are different people, the applicant Low pin j~-e. s R 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-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):
:DevelopmentAdjustment - FrontYard, 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 L1~ 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: Site/Plot Plan (reduced 8)'x 11")
We would like a Type 1 Adjustment 0 Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
per section 18.370.020D subpoint A
so 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 /Z day of yv/A~ 20
pplicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
2
1. J 1 1 V L i ~ V ~ ~ ui
13125 SW Hall Blvd. 8:08:55AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200300000000002277
Date: 06/03/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00042 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00043 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00044 [LANDUS] ADJUSTMENT 100-0000.438000 205.00
VAR2003-00045 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
• VAR2003-00046 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00047 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
fin{
VAR2003-00048 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00049 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00050 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00051 [LA US) ADJUSTMENT 100-0000-438000 205.00
VAR2003-00052 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00053 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00054 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR2003-00055 [LANDUS] ADJUSTMENT 100-0000-438000 205.00
VAR.2003-00056 [LA- US] ADJUSTMENT 100-0000-438000 205.00
` Line Item Total: $3,075.00
Payments:
Method Payer" User ID Acct./Check Approval No. How Received Amount Paid
s
Check VENTURE PROPERTIES cac 16173 In Person 3,075.00
Payment Total: $3,075.00
ti
Page 1 of 1 cReceipt.rpt
16 L.
BANKL AMERICA 24-7038 1.617::3
185th 8 WALKER OFFICE 2P58: ~ 3230
„ALOHA OR 57007
VENTURE PROPERTIES, INC.
4230 GALEWOOD ST., SUITE 100
LAKE OSWEGO* OREGON 97035
PH. (503) 387-7538
Pay: *************************Three .thousand seventy-five dollars and no. cents
DATE CHECK::NO. AMOUNT
May 16, 2003 1,6173 $******3, 075.:'00
CITY OF TIGARD e1 ; rya
PAY P.0 BOX 2;3 0 0 0 0
TO THE
ORDER:.: T:TGAR:D; OR 97281:* 1999`
OF
p
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.
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