VAR2003-00085
EXHIBIT`.
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2003-00085
CITY OF TIOARD
WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #29 Communiq(Deve[opment
Shaping.9 BetterCommuni
120 DAYS = 12/23/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #29
CASE NO: Adjustment (VAR) VAR2003-00085
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 50 of Whistler's Walk Subdivision.
APPLICANT/
OWNER: Venture Properties
Attn: Jim Delmore
4230 SW Galewood, Suite 100
Lake Oswego, OR 97035
LOCATION: 13550, SW 122nd Avenue; WCTM 2S103CC, Tax Lot 10300.
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 VAR2003-00085- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #29 PAGE 1 OF 3
• •
CONDITION OF APPROVAL
1. The front yard setback can only be reduced 15 percent for a setback of 17 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 50 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 17 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
15 percent to 17 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 VAR2003-00085- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #29 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 preserving trees 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. Therefore, this standard has been
satisfied.
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 15 percent for a setback of 17 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 AUGUST 28, 2003,
AND BECOMES EFFECTIVE ON AUGUST 29, 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.
G' August 28, 2003
PREPARE B hew Sc Idegger DATE
Associate Planner
NOTICE OF TYPE I DECISION VAR2003-00085- WHISTLERS FRONT YARD SETBACK ADJUSTMENT #29 PAGE 3 OF 3
JAMES RD
GEOGRAPHIC INFORMATION SYSTEM
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Community Development Plot date: Aug 28, 2003; C:\magic\lVlAGIC03.APR
DON • MORISSETTE OBE: 2820
H 0 u 2 a INCORPORATED LOT: 50
4 R S 0 GALE W O O D 8 T R E E T
LASE 08WEG0, OREGON 97081 DATE: 07/15/2003
Abr(sos)387-7538 F A X (508)387-781 1 PROPERTY: WHISTLER'S-WALK
CITY: TIGARD
SCALE: i"-20'
PLAN No.: 164
.~~STANDARD ELEVATION
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LOT COVEPAGE LECsEND
LOT AREA: 6,989 SQ. FT.
BUILDING AREA: 2,034 SQ. FT. LOT 450
PERCENTAGE: 29.1% -2' AGER RUBRUM O
689 aq.
Ft.
RED MAPLE'
2S103CC-10300 EXHIBIT VENTURE PROPERTIES INC
4230 GALEWOOD ST STE 100
LAKE OSWEGO, OR 97035
AFFIDAVIT OF MAILING CITY OFTIGARD
Community Oevelopmerrt
S(apingA Better Community
1, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior-Administrative SpeciaCut for
the City of TWard,, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
0 NOTICE OF DECISION FOR: VAR2003-00085/WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #29
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit'W, 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 August 28, 2003, and deposited in the United States Mail on August 28, 2003, postage prepaid.
(Person th Prepared Notice
STATE OAF OREGON
County o~f' Washington ) ss.
City of Tigard
Subscribed and sworn/affi med before me on the day of 2003.
i
OFFICIAL SEAL
( I J BENGTSON /
NOTARY PUBLIC-OREGON
IK17
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007
My Commission Expires:
ADJUST MEN?
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): L25~ -!W 12Zn`~ ti~a
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): l~
60-- QIAP,,4
• 5 103 CC, - V3 bo
Site Size: (o°► $ J j=- Case No.: VAA Aoo3 - x°005 -
Applicant*: Venture Properties Other Case No.(s):
Address: 4230 Calewood St. • 9100 003-3319
City/State: Lake Oswego, OR Zip: 97035 Receipt No.: 07 -
PrimaryContact: Jim Delmore Application Accepted By: 0 - Ce-" -d
Phone:503-387-7500 / 866-4839 Fax: 503-387-7617
?o 3
Date:
Prop rt oowner/Deed Holder(s)': (Attach list if more than one)
denture Properties Date Determined To Be Complete:
Address: Phone:
City/State: same as above :Zip: e>
Comp Plan/Zone Designation:
' When the owner and the applicant are different people, the applicant 1-gvJ D e i }des ~ R 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. 7112/02 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 - FrontYard,InteriorSetbacksandLotCoverage REQUIRED SUBMITTAL ELEMENTS
>Soecial 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 8'/i'x 11")
We would like a Type 1 Adjustment Applicant's Statement
per section 1 8. 3 7 0. 02 013 s ubpo i n t A (Addressing Criteria Under Section 18.370.020)
so see a ac e Applicant [r Filing Fee $QaB&.006
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 / day of ~h 20 0
plicantlAuthorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
2
CITY OF TIGARD 7/29/2003
13125 SW Hall Blvd. 12:50:53PM
Tigard, Oregon 97223
(503) 639-4171 <
Receipt 27200300000000003319
Date: 07/29/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00082 [LANDUS] ADMIN VARIANCE 100-0000-438000 210.00
VAR2003-00083 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
VAR2003-00084 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
VAR2003-00085 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $840.q*
Payments: - •
Method Payer User ID Acct./Check Approval No. How Received Amount Paid
Check VENTURE PROPERTIES CAC 16283 In Person 820.00
Cash JIM DELMORE CAC In Person 20.00
Payment Total: $840.00
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Page 1 of 1
cReceipt.rpt
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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