Loading...
VAR2003-00044 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003.00044 j CITY OF TIOARW WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #9 Community (Development Sha 'ngA Better Communi 120 DAYS = 1012/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #9 CASE NO: Adjustment (VAR) VAR2003-00044 PROPOSAL: The applicant has requested approval for an Adjustment to the front yard setback to reduce the setback from 20 feet to 15 feet to accommodate construction on Lot 6 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 13665 SW 124th Avenue; WCTM 2S103CC, Tax Lot 5900. 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 VAR2003-00044- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #9 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 6 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 a portion of the proposed living room. The remainder of the residence will meet the underlying setback requirement. Allowing the reduction for the home 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 VAR2003-00044- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #9 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 17, 2003, AND BECOMES EFFECTIVE ON JUNE 189 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. June 17. 2003 PREPA D Y: athew eidegger DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2003-00044- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #9 PAGE 3 OF 3 DON ° MORISSETTE OBE: 2'7'76 HOMES INCORPORATED LOT: 6 4 2 3 0 G A L E W O O D S T R E E T LAKE 0 SWEG0, OREGON 97035 DATE: 01/07/03 (503)387-7538 FAX (503)387-7815 PROPERTY: WHISTLER'S-WALK CITY: TIGARD SCALE: I"=20' PLAN No.: 194 OPTION 2 ELEVATION S.UJ. TALON LANE 336 335 334 1333 332 331 331 338 33 _ 339 34 ' 341 \ IN, t 342 _ _ •o'q~ 3 1 336 332 O O \ I a s w 343 1 - U 3,320 sq. r L. _ I I 3-V < 136'-1' 5 bdrm. 5 0 2 1/2 bath - 2 t o1Ln 0 I FF.E.336.5 O U 32 . • ti • 10'X20', CONC.; p 6 2 sq. ft. 344 I :PATIO.. " 3 ar gar. Cnc~et F E. 334' Iv wa 20' 21' 3`4, 21 `l M / 33 _ t'om'. ' A 34 a 104 06 0 ~~t~ 13 ;n W I 40'- I I/4' LEGEND 0 N O -2' ACER RU5RUM 23'-0' RED MAPLE' (R EC E 8 ~ r -D 5'-0' -2' PYRUS CALLERYANA MAY 2 2003 'CHANTICLEER PEAR' A U it ijr i iuARD LOT COVERAGE PLANNING/ENGINEERING LOT AREA: 8,164 SQ. FT. BUILDING AREA: 2,253 SQ. FT. LOT ~Yo PERCENTAGE: 25.1°x, 1214 Sq. ft. • • EXHIBIT Venture Properties VAR2003-00044 Attn: Jim Delmore WHISTLER'S WALK FRONT YARD SETBACK 4230 SW Galewood, Suite 100 ADJUSTMENT #9 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development S6apingA Better Community 1, (Patricia L. Lun ford being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City ofTWard, Washington County, Oregon and that I served the following: (Check ApprolxtWe Box(s) Below) F NOTICE OF DECISION FOR: VAR2003-00044/WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #9 ❑ 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 June 11, 2003, and deposited in the United States Mail on June 11, 2003, postage prepaid. (Per at epared Noti ) STA?tE OAF' OpgCON CountyofWas ington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of '2003. OFFICIAL SEAL J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 MY Commission Expires: 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 3 6 6 5 SW 124th Ave. Tigard, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Whistlers Walk lot 6 A5103cc_° 051100 Site Size: 7 21 4 sa ft Case No.: V A P\ A003-0000 Applicant": Venture Properties Other Case No.(s): Address: 4230 Galewood St. • #100 -7 7 City/State: Lake Oswego, OR Zip: 9 7 0 3 5 Receipt No.: AD 3 "tea` PrimaryContact: Jim Delmore Application Accepted By: L' caul ~ Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 Date: -0 3 Prop tv oowner/Deed Holder(s)*: (Attach list if more than one) r ~7cnture 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 LU<,y D-e q Re. s R 14 • 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): YDevelopment Adjustment - Front Yard; Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS YSaecial Adiustments: ♦ 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 L✓~ 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 81/2"x 11.) We would like a Type 1 Adjustment Applicant's Statement per section 18.370.020B subpoint A (Addressing Criteria Under Section 18.370.020) so see a ac e Applicant C I 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 12 day of_ /WA, pplicant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 1.1 1 1 V i 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 [LAUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00043 [LA US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00044 [LAUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00045 [LA],~DUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00046 [LAND US] ADJUSTMENT 100-0000-438000 205.00 N VAR2003-00047 [LA DUS) ADJUSTMENT 100-0000-438000 205.0Cq VAR2003-00048 [LAIDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00049 [LAIRDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00050 [LA„I~h1DUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00051 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00052 [LA-l' US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00053 [LAuD DUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00054 [LAND-US] ADJUSTMENT 100-0000-438000 205.00 °-4 VAR2003-00055 [LA "DUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00056 [LA&DUS] ADJUSTMENT 100-0000-438000 205.00 Line Item Total: $3,075.00 Payments: Method Payer User ID Acct/Check Approval No. How Received Amount PWM Check VENTURE PROPERTIES cac 16173 In Person 3,075.00 Payment Total: $3,075.00 Page 1 of 1 cReceiptrpt BANK OF AMERICA 24.7038 185th8WALKEROFFICE2858- 3230 1617:3~~ VENTURE PROPERTIES, INC. ;ALOHA OR 97007 4230 GALEWOWST., SUITE 100 LAKE OSWEGO, OREGON 97035 PH. (5W3) 387-7538 Pay:. **.***********************Three .thousand"seventy five dollars and nO cents DATE CHECK:: NO. !AMOUNT ' May. 16, 2003:.;_.:: '...1.:617.3 $******3, 075:: O.Q.::. CITY. OF. TIGARD PAY PO '$OX 230000 TO THE ORDER:. T:TGAR:DOR 9728171999 OF >a 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. S~Q MTGH 4 • TOP PLATE ►EOW 1!.11 WA! J I Mlili J 1 .14 1 11111 LHIIII..1111 ill null "Lill IIHIII Hun" w-isb, a,a PlrcFl DEODD PLR MEOW 11 1 W-III' TOP PLATE 000 00000 00 RNIbED FLR IEIQJIT 0 0 Ej O'•C 000 0 =1 1= 00000 FRONT ELEVATION 11 H Lill 1111111 11 LEFT ELEVATION RIGHT ELEVATION I/4'.I'•D' •I~M!/O LL. 0 'a NAW 40.fA !L- W be. 60 EL. YY A *TWO MOWN 4a1Jov &L- 11 CAL M3 ' 1 IP&_~ v~~r M s cLa 1 DEN/ 3R. 5 1 9 pal ISLAND ~ 1pn0111U10 e, yCL& M -Qm; CARMA 1 ROO 1 IT/71t1~ 0 b, TUB~9HWR DESK 1 REFER c h ~p I 1 ,D ETA I I in UP a fu IL I 1 L i0 -KNIar r iv TN ~ u~~~ IU 1 _ R1RN. H. 50 GAL. E M4 17' DEEP IT c 1 10 3'-10' ` 1'CONC. E4LED 'I v STREL MM • UK ZI-B ~ 4 9 -6 3 CAR ; w ; wo oer e Iw1 "RAGE ' W I - o ~v~ N 7as I _m. FOYER 10'-b' I I 17' COLUYMI I 17 DEEP SOFFIT 4a► rpT® 1 I ~ ~ M 1 1 s ~ 9 116x610 PK 9 Y L4 w1owkv .ro..1v o+m DOOR omm DOOR DOOR OMLIONT 9 e bxb POBiB p/1p/~T ~ W/ 7x WRAP r-~/~{,/r7 C.ONCIMTE 0 ' MpN T.O~K' rlEl~ in xb POST MS 7x WRAP A t!/ bWab~ 61l aY it 6n" MTMEN I._0. Z8'-0' 15•_0• MAIN FLOOR PLAN W. P•0.