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VAR2003-00052 EXHIBIT NOTICE OF TYPE I DECISION j VARIANCE (VAR) 2003.00052. CITY OF TIGARD WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #21 Community(Development Sha ingABetterCommuni 120 DAYS = 10/23/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #21 CASE NO: Adjustment (VAR) VAR2003-00052 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 43 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 12285 SW Kelly Lane; WCTM 2S103CC, Tax Lot 9600. 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 VAR2003-00052- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #21 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 43 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 VAR2003-00052- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #21 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 JULY 7, 2003, AND BECOMES EFFECTIVE ON JULY 8, 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. July 7. 2003 PREPARED 16y/1 ew Sc i egger DATE Associate Planner NOTICE OF TYPE I DECISION VAR2003-00052- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #21 PAGE 3 OF 3 AIM DON ° MORISSETTE OBE: 2813 HOMES INCORPORATED LOT: 43 4 2 3 0 G A L E W O O D S T R E E T LAKE 0S1/EG0, OREGON 97035 DATE: 02/12/2003 (503)387-7538 FAX (503)387-7815 PROPERTY: WHISTLER'S-WALK CITY: TIGARD SCALE: 1"=20' PLAN No.: 170 OPTION 1 ELEVATION 31C~ 318 I 320 s .mm' 316' ,rya 371' 322 p~ O I e~p~ s°~ Oi Sew r 15' S.D.E. ~ Storm _ L I 18xlra I ry • :1 319 DE S 14' 1 324 323 1 w} 156 sq. r r.¢ : t....::1;; _ 3 car r. FRE. 18' .f.• .,~i ~ 11!1`' .:1.1' I 26 i 32ro J 3 -0' I 319' " 10,10. 1 3,1SO sq. rt. B 'f 4 bol . a 117 a'c 2t12 bath 1 m FF.E. o 3 0 406 sq. ~ a 2 car ar. ~ I \ \ FF. 321' 1 325 Y. \ 6'10' 1 13' PORCH ~ ;321~N ~ ;321. 324 ~0'b' ' S• 1 8s'•~ GONG 330 .77'.~ ~ : s,~~ DRI Y NED 25' LAND- OO ;:•,:::3 ;.4PPROAG SCAPE - Q 30 331' l;►1 z ~r ~ CuRe PwaNat 1228 S.W. KELLY LANE LEGEND O -2' ACER RU5RUM RED MAPLE' LOT COVERAGE LOT AREA: 1,623 SQ. FT. -2• PYRUS CALLERYANA BUILDING AREA: 2,146 SQ. FT. LOT "43 'CHANTICLEER PEAR' PERCENTAGE: 25.2% 1623 sq. rt. Venture Properties EXHIBIT., Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development ShapingA Better Community I, (Patricia L. Lunfor,, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpeciaCutfor the City of 7fgard, Washington County, Oregon and that I served the following: (Check Appropriate Box(y) Beim) ❑ NOTICE OF DECISION FOR: VAR2003-00052/WHISTLER'S WALK SETBACK ADJUSTMENT #21 ❑ AMENDED NOTICE (File NoJName Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked EKh11111i 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 Exhiblit'B", and by reference made a part hereof, on 1nh11, 2003, and deposited in the United States Mail on JUIV 7, 2003, postage prepaid. (Person that pared Notice) SAAqI5 O'F 04UGOY County ofWas(i gton )ss. City of I and Subscribed and sworn/affirmed before me on the day of '2003. OFFICIAL SEAL i$ J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 My Commission Ealres: 6 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): 12285 SW Kelly Ln. Tigard, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Wh; st-1 Prs Wa 1 k 1 nt- 4 3 aSto3Lc- 09boo Site Size: 7,623 sq ft Case No.: "VAE A o u 3-ao05al Applicant': Venture Properties Other Case No.(s): Address: 4230 Galewood St. ;100 City/State: Lake Oswego, OR Zip: 97035 Receipt No.: duy3-a~~1 - Primary Contact: Jim Delmore Application Accepted By: C Ccv~ Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 Date: 5 -aci-o 3 Property Owner/Deed Holder(s)": (Attach list if more than one) Vnture Properties Date Determined To Be Complete: Address: Phone: c C . a S' a -Z, City/State: same as above :Zip: Comp Plan/Zone Designation: ` When the owner and the applicant are different people, the applicant LGW Den Res R L( 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 i:\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 - 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 ❑ 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 (Addressing Criteria Under Section 18.370.020) per section 18.370.0208 subpoint A e Filing see attached pp ican C~ 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 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 20 O~ 1 plican Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 V L L L V i i 13125 SW Hall Blvd. 8:08:55AM Tigard, Oregon 97223 (503) 639-4171 i Receipt 27200300000000002277 f Date: 06/03/2003 Line Items: Case No Tran Code Des`- ption Revenue Account No Amount Paid VAR2003-00042 [LADUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00043 [LAN US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00044 [LAbWUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00045 [LAW-)US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00046 [L US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00047 [LAT. &DUS] ADJUSTMENT 100-0000-438000 205.0 VAR2003-00048 [LADUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00049 [LADUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00050 [LAUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00051 [LWUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00052 [LA~I4IDUS] ADJUSTMENT 100-0000-438000 205.00 205.00 VAR2003-00053 [L~IDUS] ADJUSTMENT 100-0000-438000 VAR2003-00054 [LDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00055 [L US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00056 [L;,' 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 PaA& Check VENTURE PROPERTIES cac 16173 In Person 3,075.00 Payment Total: $3,075.00 Page 1 of 1 cReceipt.rpt BANK OF WAL EROFFICECA 2858 185th & 232308 VENTURE PROPERTIES, INC. ;ALOHA PHA; OFFI : OR 97007 : 4230 GALEWOOD ST., SUITE 100 LAKE OSWEGO, OREGON 97035 PH. (503) 387-7538 Pa T.Yiree thou sand'''sevent y= f ive dollars 'and no> dents DATE:. CHECK::NO. :AMOUNT May 16, 2003' 1;617:3 $******3,075.:0, :CITY OF TIGARD„ PAY PO 'ROX 230000 TO THE ORDER T:TGAR:D; OR 97281=.1999 OF 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 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. •.Q PITON Lill HL111 Hi TOP PLATE 1421014T r•ay ILA 1 A~ PITGN 7 WCOND PLIt NQ10NT /tA TOP PLAM [a 13 in m E3 ri FWI FLR Np16NT AVA O'•O FRONT ELEVATION I/4'•I'•0' Q6 8+1? PITGd • 11 H[ 4i1? PITGN 111111 Hull U 11 11 In Jill 11 111111 nil 1E LEFT ELEVATION ~5 17 6 8,17 PiTCN Lin IIHfljIHH • .R FlTCJ4 1 11 1111 11 11 HII 1111 11 11 111 ILE i RIGHT ELEVATION n Iq-0. B'-0• Mba6AO EL. 0 - •D o e' F F 61"10 eL. 4AOR" eL. •AO.rro sL. I J _ M! I a 1 BS4_ I 4 q, m. AI 1 I I n e• Q.& GREAT ROOM m 1 »aRu+o ~ g ^ 4' b 0 1 .n 4 Ia a a r•m• 17' GOI'L-:; I7'-WE P SOFFIT I I _ DRY g 1 I I 9 I I IGME I 1 v 1 I 141 1 I 1Fd}~S 9 e' GL4 i i 7 -T 3' 6' i3'-a' 9 0 ~ ~ D ~11 R~7 ~ 1 I ~ UP UP 6 -B 7jx~1 ~ Y R/IaRK I I M1I I + I I _ ~ 1 I r i i I 7M 1 ICI ~ I v ~wUUUfl IUN. (dl. in b b .q I - IU d~ n ♦ - - M4 m S' COMM PILLED STHBL PIPE • WA IT-2' I WALK•N 1 I 1 I GARAGE 9 ml a ralo 7K v e• GLO of TC Al PEN/ 8R. 6 J, E 9 RAMWAJ ?K e IKRrAO rx )ACR~AO B' M3 eIDELIOwT DOOR 9 *ADAM MO. DOOR T~`Ar~r~o sx bxb P09T 7 ~ 13'•0' 6'-Im' 20'-2. MAIN FLOOR. PLAIN w .r•o 1.+1® 5a FT.