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VAR2003-00078
EXHIBIT ' NOTICE;OF TYPE I DECISION. VARIANCE (VAR) 2003.00078 CITY OF TIGARD! WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #12 Community Development. Shaping ,4 Better Communi 120 DAYS= 10/14/2003 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #12 CASE NO: Adjustment (VAR) VAR2003-00078 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 47 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties Attn: Jim Delmore 4230 SW Galewood; Suite 100 Lake Oswego, OR 97035 LOCATION: 12220 SW Whistlers Lane; WCTM 2S103CC, Tax Lot 10000. 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 h'ereby'given that the,01ty 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 r.is based are;noted in Section,IV. NOTICE OF TYPE I DECISION VAR2003-00078- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #12 PAGE 1 OF 3 CONDITION OF APPROVAL 1. The front yard setback can only be reduced twenty (20) percent for a setback of 16 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 47 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. The applicant has asked for the entire 25 percent reduction. However, the site plan shows the front yard setback reduced to 16 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 20 percent to 16 feet. The habitable portion of the main residence will meet the underlying setback requirement of 20 feet. 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 VAR2003-00078- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #12 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 not satisfied. CONDITION: The front yard setback can only be reduced twenty (20) percent for a setback of 16 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 JUNE 1.9, 2003, AND BECOMES EFFECTIVE ON JUNE 20, 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 19. 2003 Lid '14.4 PREPA EIIA -Math - `cheidegger DATE / Assistant Planner NOTICE OF TYPE I DECISION VAR2003-00078- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #12 PAGE 3 OF 3 DON ° MORISSETTE OBE: 2817 HOMES INCORPORATED LOT: 47 4 2 5 0 G A L E W O O D S T R E B T LAKE OSWEGO, OREGON 97085 DATE• 12/24/02 (aOS)S87-7598 FAX (503)987-7515 ' PROPERTY: WffiSTLER'S-WALK CITY: TIGARD SCALE: i"=20' PLAN No.: 192 OPTION i ELEVATION 12220 SJJJ. W141S I LERS LANE A 3I ) 323 324 NI 325 ' I I I 62 SITE DISTANCE . TRIANGLE AN>Z- 2 i 3Z9' " ~8 25'L ~ 105 PILE. _ - - - n 77 O 326'::'' ; •376 PORCH I 321:0 - .261 0 v - - 6 2' - - 3269 616 eq. ft. I 9 3 car gar. 5•_~. FF.E. 32 ' 25'-I 3Y4' 321 4 I I I I ~'1 I I I 328 3 sq. ft. 6 drm. I I e 3 z bath I °I F.E. 3295 I 329 I I 20 2 330 329 I I Ia' I I 331 311 I6' 328 I d PATIO 332 " I I I I I 333 321' I 38' I I .3'~•:. I I LECxEND O -2' ACER RUBRUM 'RED MAPLE' LOT GOVERAC:E LOT AREA: 8,129 5Q. FT. -2' PYRU5 CALLERYANA BUILDING AREA: 2,005 SQ. FT. LOT 041 'CHANTICLEER PEAR' PERCENTAGE: 43% 8,129 sq. ft. EXHIBIT Venture Properties VAR2003-00078 Attn: Jim Delmore WHISTLER'S WALK FRONT YARD SETBACK 4230 SW Galewood, Suite 100 ADJUSTMENT #12 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development SlrapingA Better Community I, (Patricia L. Lun ford_being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Check AppmPfUe Box(s) Be" ❑x NOTICE OF DECISION FOR: VAR2003-00018/WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT # 12 AMENDED NOTICE (File NoJName 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 Exhibit"B", and by reference made a part hereof, on June 19, 2003, and deposited in the United States Mail on June 19, 2003, postage prepaid. (Pe o t t Prepared N ice) STATE OF OUG05V County ofWasjitton ) ss. City of Ward ) , 2003. Subscribed and sworn/affirmed before me on the ~y day of X-14,5C' la OFFICIAL SEAL J BENGTSONREGON T.....NOTARYPUBLIC60 COMMISSON NO. 368086 SSION IEXPIRES APR. 27, 2007 UREGUN 1 ~ MV Commission Expires: ~1 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): 12220 SW Whistlers Lane -Tigard, OR 7223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): Lot 47 Whistlers Walk -:~Sio3CC -/oaoo Uc~o78 Site Size: 31 29 square fet-f Case No.: a Q aJu~ Applicant*: Venture Properties Other Case No.(s): Address: 4230 Gal ewood St. i71 00 Receipt No.: ACO-3 City/State: Lake Oswego, OR Zip: 97035 PrimaryContact: Jim Delmore Application Accepted By: Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 Date: Prop rt oowner/Deed Holder(s)"': (Attach list if more than one) ~l~nture Properties Date Determined To Be Complete: Address: Phone: 6 City/State: same as above :Zip: Comp Plan/Zone Designation: When the owner and the applicant are different people, the applicant L oLi (Dens Re. s1 j2 '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): :Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage REQUIRED SUBMITTAL ELEMENTS YSpecial 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. Owner's ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ❑ 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 8t/i'x 11") We would like a Type 1 Adjustment ❑ Applicant's Statement (Addressing Criteria Under Section 18.370.020) per section 18.370.020 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 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 lie 120 ant/Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY Ulf' TIGARD b/1112UU3 13125 SW Hall Blvd. 8:53:43AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000002520 Date: 06/17/2003 Line Items: Case No Tran Code . Description Revenue Account No Amount Paid VAR2003-00078 [LANDUS] ADJUSTMENT 100-0000-438000 205.00 VAR2003-00079 [LANDUS] ADJUSTMENT 100-0000-438000 205.00- Line Item Total: $410.00 • Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check VENTURE PROPERTIES CAC In Person 410.00 Payment Total: $410.00 BANK OF AMERICA 24-7038 1 185th 8 WALKER'OFFICE-2858. 3230 1 VENTURE PROPERTIES, INC. ALOHA;OR97007 4230 GALEWOOD'ST., SUITE 100 LAKE OSWEGO; OREGON: 97035 PH. (503) 387-7538 Pay: .,************************************Four hundred ten dollars and no cents AMOUNT DATECHECK.'-NO. * ***4,10 16231 June,, 12, 2003 CITY OF::TIGARD PAY PO BOX 2.30000 TO THE ORDER TIGARD; OR 97281 1.993 OF 777* i Page 1 of 1 cReceipt.rpt 4230 Galewood St. Suite 100 Don Modssette Homes Lake Oswego, Oregon 97035 May 9, 2003 Regarding Property located at: Whistler's Walk / Lot # 47 12220 SW Whistlers 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, Brent Landels, Community Manager/ Realtor X ~ C~ Signature: Joe & Mary Matson 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. a 11 H 11 11 1111 11 u H 11 11 IT 11 JLPIIF'r~ - - n PI G1 tl IIH 11 1111 a a - III ILL I rml LLD 1=11 LLHI MP~4ala 00 00000 000 0~0 ooool~ 000 00000 000 00000 000 FRONT ELEVATION n HIT I tl 111111 Lill If I Hill ITII- REAR ELEVATION O D~ 1110 EEUl Q _ LEFT ELEVATION a QD Q i RIGHT ELEVATION 62' 0' 24'-0" f p'-:' F 3'-10' 20'-0' i g Mi 10 I , 10 S 1 0 3/Ox9/® 81~ I I3/Du310 BL M. 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