Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
VAR2003-00053
• • EXHIBIT NOTICE OF TYPE I DECISION i VARIANCE (VAR) 2003.00053 CITY OF,TI©ARD, WHISTLER'S WALK FRONTYARD SETBACK ADJUSTMENT #22 Community(Devifopment Ska ingABetterCommuni 120 DAYS = 10/21/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #22 CASE NO: Adjustment (VAR) VAR2003-00053 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 48 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 12125 SW Whistlers Lane; WCTM 2S103CC, Tax Lot 10100. 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 1he 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 VAR2003-00053- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #22 PAGE 1 OF 3 CONDITIONS OF APPROVAL 1. The front yard setback can only be reduced 12 percent for a setback of 17.6 feet. 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 48 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 extend into the required 20-foot setback will be the front porch and a portion of the proposed garage. The entrance to the garage will still maintain a twenty (20) foot setback. The applicant has asked for the entire 25 percent reduction. However, the site plan shows the front yard setback reduced to 17.6 feet, which is the least required to achieve the desired effect. Therefore, instead of granting a 25 percent reduction, the front yard setback may be reduced 12 percent to 17.6 feet. 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. NOTICE OF TYPE I DECISION VAR2003-00053- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #22 PAGE 2 OF 3 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. 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. CONDITION:The front yard setback can only be reduced (12) percent for a setback of 17.6 feet. 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 B w Sc egger DATE Assistant Planner NOTICE OF TYPE I DECISION VAR2003-00053- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #22 PAGE 3 OF 3 Ask DON - MORISSETTE H 0 M E S I N C O R P O R A T E D 4 2 3 0 G A L E W O O D S T R E E T L A K E 0 S W E G 0. O R E G O N 9 7 0 3 5 (503)387-7538 FAX (503)387-7615 325' I I I 14.96' 326 k I 326' •YP,<~. GOO D . B bV 325 0 ~o x1o,p% 32(o ATIO,, - - - - 326 r}a I 3,340 sq. rt. 4 bdrm. I' o 21/2 bath F.F.E. 3285' m 2s -0 I ry 416 sq. t. -2 car gar. ry 3za FF.E. 328' 2' 2'6' ~n ~q 20' 3~ I I 86 32 ,ti K;x;::a328 CMVGRETE`s S. : i~X; 329' SITE DIST •~'~i3? :s'.~. " :.x;s3 TRIANGLE p+:• •C ° E C E- v ~~u-t LOT COVERAGE IN Mt~Y ~ q 2003 LOT AREA: 9,581 SQ. FT. (/,/U La BUILDING= AREA: 2,082 SQ. ~+T.i Y yr / iuASD PERCENTAG=E: 21.8% PLANNING/ENGINEERING LEGEND 0- 2' ACER RUBRUM . -EXISTING TREES -EXISTING TREES RED MAPLE' TO REMAIN TO REMAIN • • Venture Properties EXHIBIT Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY' FTIGARD Community rDeveropment ShapingA Better Community I, (Patricia L. Lu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City ofTWari Washington County, Oregon and that I served the following: (Check nppmpriate Box(s) Below) D NOTICE OF DECISION FOR: VAR2003-00053/WHISTLER'S WALK SETBACK ADJUSTMENT #22 ❑ AMENDED NOTICE (File NoJNarne 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 Rhibit'B", and by reference made a part hereof, on 1nh11, 2003, and deposited in the United States Mail on 111 1 2003, postage prepaid. (Person that Pr red otice S?A9E OF OREGON ) Washington ) ss. County 1, City of arcf ) Subscribed and sworn/affirmed before me on the ~Z day of vV , 2003. OFFICIAL SEAL ° J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 NOTARY PUBLIC UPMEGUN My Commission Expires: a-7 40 Z 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 21 25 SW Whistlers Ln Tigard, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Whistlers Walk lot 48 as 103Ce- -10100 Site Size: 9,581 sq ft Case No.: NIA a.6"03 - ooV 53 Applicant': Venture Properties Other Case No.(s): Address: 4230 Calewood St. 0100 City/State: Lake Oswego, OR Zip: 97035 Receipt No.: aoU 3 PrimaryContact: Jim Delmore Application Accepted By: C. Ccu,"J, Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 Date: ~ 'oL `1 _ 0 3 Prop rt oowner/Deed Holder(s)": (Attach list if more than one) ~Icynture Properties Date Determined To Be Complete: Address: Phone: 0 -2'a, -0 3 City/State: same as above :Zip: Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant Lo w ~f n ~2 P3 y 5 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): iDevelopment Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS YSoecial 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 [[x 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/i'x 11") We would like a Type 1 Adjustment Er Applicant's Statement (Addressing Criteria Under Section 18.370.020) per section 18.370.020x3 subpoint A so see a ac e Applicant 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 f Z day of / lA 20Q~ Ap cant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 Vll 1 Va aaV.~a 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 Desc `iption Revenue Account No Amount Paid VAR2003-00042 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00043 [LADUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00044 [LA NDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00045 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00046 [LARDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00047 [LA~yDUS] ADJUSTMENT 100-0000-438000 205.0 VAR2003-00048 [LAIDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00049 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 fem. VAR2003-00050 [LA1~3DUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00051 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00052 [Lh&buS] ADJUSTMENT 100-0000-438000 205.00 w VAR2003-00053 [LA. US] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00054 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00055 [LADUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00056 [LAS 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 Ab low Check VENTURE PROPERTIES cac 16173 In Person 3,075.00 Payment Total: $3,075.00 Page 1 of 1 cReceipt.rpt BANK. OF AMERICA 24.7038 185th ER O 1617::3 ` VENTURE PROPERTIES. INC. ALOHALOHAFFICE2858 3230 ; OR FFIC 4230 GALEWOOD ST., SUITE'l00 LAKE OSWEGO, OREGON 97035 PH. (503) 387-7538 Pay: *************************THree thousand'seventy'five dollars and no cents AMOUNT DATE:.:., CHECK::NO. May. ,16, 2003 1:6173 $******3, 075::'O.Q, . :CITY. OF.:TIGARD PAY TO THE PO BOX 230000 ORDER : T I GARD ' OR 9 7 2 8:1-19 9.9` 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. 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. 6.R PITCN TOP PLATE W813W 6• tMTCM GEC0ND 14R. MC16MT 10••IM' TOP PLATB as 00000 e•.~ oa 00000 a Q Q FlMt&MD PLR WHOWT AMERICANA ELEVATION b o.v nrci+ LIU 11 Lin 11 Lill 111111 ILLIJBI it H b~ LI III U 11 • LEFT ELEVATION Q R PITCH • R Qs H 11 PI W • RIGHT ELEVATION A v 0 • AM" 6L 6110 x 60 OL& !L. 616aw 6L. 1 1 9 e 1 ow I M3 e• 16 I "a 1 p Im NOOK ISLAND 14 e r-AMTLY d s nift ft P-6' 4'-7' b'-7' b'-b• REF. w O - x o PANTRY a+ o MYl OYLL P T P M in t rooter Lw m m 9 6 3 0 - m MALP WALL I = 0 dE] I-m To OAB W E I9 9 ~ .cL4 ~mL a •O j;n 0 ~I I 9 O D 11 \ LACCE89~ I irv m I 4 I ~ v .n WN, RJRN. M4 17' DEEP SOFFIT 9 9 17' COLtfiM 6rEE FRM WA reemaFFILLED-6 (rYPJ 6 I I I - 1-I I n I I I GARAGE a cLa ° ' W ' LIVING - I ntruUn I - I - I I e0 w.rro 6L. 61DELt4Mr M3 M Irlt-0a16A0 D'MD. DOOR s T CCNr. 9 .c f77 lA6~rn0 6K ~n MAIN FLOOR PLAN w .r•r L610 SQ. FT.