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VAR2003-00105 0 0 EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2003-00105-00106 CITY OF TIGARD WINGATE CORNER SIDE YARD/REAR YARD SETBACK Community (Devc(opmcnt ADJUSTMENT SfiapingA BetterCommunity 120 DAYS = 4/2/2004 SECTION I. APPLICATION SUMMARY FILE NAME: WINGATE CORNER SIDE /REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2003-00105 Adjustment (VAR) VAR2003-00106 0 PROPOSAL: The applicant has requested an adjustment to the corner side yard setback to reduce the setback from 15 feet to 14 feet 7 inches, and an adjustment to the rear yard setback from 15 feet to 14 feet 3 inches to accommodate construction. APPLICANT/ OWNER: Wingate Corporation Attn: Scott Desbiens 15840 S. Pope Lane Oregon City, OR 97045 LOCATION: 7051 SW Locust St.; WCTM 1S136AA, Tax Lot 8000 (Lot 2 of Ventura Estates). COMPREHENSIVE PLAN DESIGNATION: R-4.5, Low Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. 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. VAR2003-000105/106 -SETBACK ADJUSTMENTS PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITIONS OF APPROVAL 1. All construction must be completed in compliance with the conditions of approval of the Ventura Estates Planned Development (SUB98-00014 and PDR98-00013). 2. Prior to issuance of the building permit the City Forester shall inspect the tree protection for tree #2444. Contact Matt Stine at 639-4171 x 2589. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The property is bordered on all sides by single-family residences. The proposal is to intrude into the 15-foot street side yard setback by three (3) inches and the 15-foot rear yard setback by seven (7) inches to construct a 2,938 square foot home. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant has requested an Adjustment to the street side and rear yard setbacks to allow the placement of the house within these required setbacks. Accordinto the applicant these allowances are needed due to a radius miscalculation along SW 70,1h Place. The required street side yard setback is 15 feet and the rear yard setback is 15 feet, therefore, a three-foot reduction of these setbacks may be allowed provided the following criteria are addressed. The request is for reductions of three and seven inches respectively; these reductions fall within the allowed limits. 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 affect; VAR2003-000105/106 -SETBACK ADJUSTMENTS PAGE 2 OF 3 NOTICE OF TYPE I DECISION The adjustments are being requested to allow for placement of the proposed structure. This is the minimum relief needed to allow placement of the desired house plan. The Adjustment. will result in the preservation of trees, if trees are present in the development area; Based upon the preservation and mitigation plan for the Ventura Estates development there is one tree (#2444) to remain that is within close proximity of the proposed structure. The adjustment will allow the building pad area to move farther away from this tree thus having less impact upon it. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. Emergency service can still access this dwelling and adjacent dwellings. There is not a reasonable alternative to the Adjustment which achieves the desired affect. Because of the size of the home, and the slopes of the lots, there are no other reasonable alternatives to the placement or orientation of the home that would achieve the desired affect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: oq tice was mailed to the applicant and owners. Final Decision: A 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 DECEMBER 8, 2003 AND BECOMES EFFECTIVE ON DECEMBER 9, 2003 . Questions: I you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171. December 8. 2003 APPROVED BY: Cheryl Caines DATE Planning Technician VAR2003-000105/106 -SETBACK ADJUSTMENTS PAGE 3 OF 3 NOTICE OF TYPE I DECISION LN RA CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAC z ~P VAR2003-00105 Cl?- VAR2003-00106 WINGATE CORNER SIDE _ENTURA EN URA & REAR YARD SETBACK DR ADJUSTMENTS S1 9 ORS FERR ST w 5 Q .1 y w \BVl1~rdTY?pe f 7 Q 60NRA: BEEF e.170 ion. . w I > > Q Tigard Area Map Q ST = N 0) o co t` 0 100 200 _ 300 400 Feet z OAK 1:7 1"= 309 feet N ST w w > ST Q City of Tigard m Information on this map is for general location only and i should be verified with the Development Services Division. W 13125 SW Hall Blvd w Q 1 Tigard, OR 97223 > (503) 6394171 Q g httpliwww.a.tigard.or.us Community Development Plot date: Dec 8, 2003; C:\magicVAAGIC03.APR SETBACKS COt61R M PER aJE14T. 11/18/3 MSG. S 88'42'36' -E 84.41' 5 J ~ O o O 24.17 21 1950• 1 ' co $ $ W a a 0 1B ~ ~ U O ?o ls.e3• oi n .0 zoo' 16 'o, f1 4 $ 4.7- 24 --------W ' p m ' R I N i W O ; 8 8.00• 12 - / $1 m 8 /A 0 1.1 30.17 016.33• 10 El 'd 12W 14 c d~ Z .c°° <N> - - - ate ~A z 8• uT1Un EASDIENT / Ay N 89'49'39' W 59.99' Ali S.W. LOCUST STREET STAKEOUT LOT 2 VENT URA Ec F~NROVAL N.E. 1/4 SEC. 36, TAS., RAW., W.M. CITY OLT:IGAVI NNING DIVISION CITY OF nGARD fx-S~3- WASHINGTON COUNTY, OREGON ICI TE NOVEMBER 18, 200 3 lCenterline Concep DRAWN: MSG CHECKED: WGDIII SCALE 1'=20' ACCOUNT 395 640 82ND DRIVE GLADSTONE. ORE M:\MLI\L2VENTU PHONE 503.650.0188 FAX 503 AFFIDAVIT OF MAILING CITY' FTIGARD Community (Development Shaping fl Better Community 1, (Patricia L. Lu Q being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminiwative Specia&t for the City of 4igarashington County, Oregon and that I served the following: (Check Appropdale Box(s) Below) E ❑❑x NOTICE OF DECISION FOR: VAR2003-00105/VAR2003-00106 - WINGATE CORNER SIDE & REAR YARD SETBACK ADJUSTMENTS AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked EKbibit"A and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EKbibill", and by reference made a part hereof, on December 8, 2003, and deposited in the United States Mail on December 8, 2003, postage prepaid. I "ddz rz:6 ( erson , t Prepared N is .5"qq~ oOf owggox Wqsfibi~tm is. Cqua o? anf Decelm_6&4~ Subscribed and sworn/ff ed before me on the day of 1 2003. -o OFFICIAL SEAL JBENGTSON NOTARY PUBLIC OREGON d/" COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27-2007 NOTARY FUHLWAF OREGON MY Commission Expires: 411c_~--710-7 ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): `405I c5~4 Loc-oss- Si LA i 21 4s4m " 60690F,$ FOR STAFF USE ONLY Tax Map & Tax Lot #(s): NE 114 6Lc., i3lo . is 1 t3 A~1-02'000 t~I" ~J7 Site Size: y Case No. V A- " J • 04 (as- Applicant`: C-VfLP Other Case No.(s):\JC-(Z -O 0 I o Address: Leo 5• oPC-~ LAt-J<- Receipt No.: ~mJ 3- So G City/State:19c~ Zip: 11,01-t5 Primary Contact: Application Accepted By: Phone: y5D~ --M,;6 ~ Fax: 6o3-6S'~- `-t(cr-Pb Date: I/ / L-a6 3 Property Owner/Deed Holder(s)": (Attach list if more than one) Date Determined To Be Complete: Address: Phone: ~ City/State: Zip: Comp Plan/Zone Designation: When the owner and the applicant are different people, the applicant i- Y5 P 9 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) must sign this application in the space provided on the back of this Rev. 2/2812003 is\curpln\masters\revised\adjustment-1.doc form or submit a written authorization with this application. PROPOSAL SUMMARY 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): REQUIRED SUBMITTAL ELEMENTS >Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage >Soecial Adiustments: ✓ Application Elements Submitted: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ❑ Application Form ♦ Landscaping Adjustments - Existing/New Street Trees ❑ Owner's Signature/Written Authorization ♦ Parking Adjustments - Reduction in Stacking Lane Length t Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ❑ Title Transfer instrument or Deed ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ❑ Site/Plot Plan (6 copies) Washington Square Reg. Center Density Adjustments ❑ Site/Plot Plan (reduced 8y2'x 11 ) Please state the reason for the Adjustment request: ❑ Applicant's Statement g-~u~s~ ►.9 (a &A-c,V- `1 ftg:c~ cS (Addressing Criteria Under Section 18.370.020) ~~J,cl -M1,G--r1T t:.UC-- 710 14% L3 S A5>Ca AX-Ai Lkw-wN . ❑ Filing Fee 1~/ uvtn 5 r II, 3 ~r Jurisdiction: ❑ City ❑ Urb 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 ZO day of r-~SMEE:fL- , 20 o 3 (Applic t/Au orized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 11/20/2003 13125 SW Hall Blvd. 12:50:34PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000005066 Date: 11/20/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00105 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 VAR2003-00106 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 Line Item Total: $420.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid CreditCard SCOTT DESBIENS KJP 043584 In Person 420.00 Payment Total: $420.00 Page I of I. cReceipt.rpt 11V Y . LO. C-UUzi .7 • u.D 1'1 t-nll.nkzv 1 I L Lr9hL VJW I IV. IOc- r. 1/ J Chicago Title • • Insurance Company of Oregon Worth the Choice 5285 S.W. MEADOWS ROAD, SUITE 148 TELEEAX TO: ~-4 T7 T, LAKE OSWEGO, OR 97035 (503) 973-7500 (503) 639-1709 FAX ATTENTION: REGARDING; _w( FAX NO: 'L q9- (q (oo Number of pages exclusive of cover sheet: If a problem in receipt arises or not all pages are received, phone this office and ask for: -The materials enclosed with this facsimile trammission are private and confidential and are the property of the sender. 77te information contained in the material is privileged and is intended only for the use of the individual(s) or entityrzes) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking Df any action in reliance on the contents of this information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the jbrwatded documents to us. " 0F10$4 A4ICT (482) ~D AVTIm sucoanzwo RzTtMN TO BTwTE OR OREOOM 1 ` Wingate Corp. Casty of 1NasAlellplp~ l f .lany ~ T of Asseer :.c~x~ Old ~ ~ ~ vela - Until change is r esced all tax 4 otstemente shall be sent to the following ~ addroes: Doc 2001043100 Rect: 276361 •'37.00 Lacr•ow No: 4200-29854DH 05/06/2001 02;01:27pu Order No: 225506b ^ NA RA3rrW Dtm 6:ATUTOR r "an ~:w ' t •r. (INDIVIDUAL or CORPORATION) +:4,Y• VENTURA, LLC, an Oregon limited liability company, as to Parcels I Arid IT and V6 itJR7►, LLC, as to Parcel III Grantor, conveys and warrants to WINGATE @9Rpeftwe*, INC, AN OREGON CORPORATION Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Continued) TUis iustsuvA t wi11 nee allow use oe the property described in thLe iaatrwasat is viclatum vt epplipabla lalad use lass and raQnlaaie>ss. Before 04§=4nQ or accepu aq this instsum.nt, ,~i• tho person acquiring tee title to the property should cheek with Ehe appropriate city os eouaty p1mmi g depastasat: to verify appro"4 use■ and to detasnine any Baits an lawsuits against lazu"V or fewest practices as defined in 03W 30.990. ENCUHHP WCSS un FOLi.OWINC RXCzPTI0M8 AFFZCT PARCl69 * am TI The promises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) The true consideration for this conveyance is S $1.00 and other valuable consideration Dated May 1, 2001 ; if a corporate grantor, it has caused its name to be signed by order of its board of directors. C, AN, P110N LIMITED LIABILITY 7~.Z BY: BAA SB S, MEMBER STA7.6 OF OREGON, County of (~`~~'6° Ise. Thie instrument was acknowledged before me on by This i prument was a5kpow ged efgra me on by ~G P/~S as of Public for Oregon ~ My commission expires. ~DEB13,aAHIGaINS NOTARY PUSLIC•04ECOM COMMISSION Nb 3WM r)fPiFws C-ECFMB[R 7, 1W, order w6: 2255o6b t `Y;4Y. ' 1:tW►i. D=Sdt2D'S=O!f •'~`'i. 'S''` PARCEL I: Lots i through 11, inclusive and Loco 16, 17, 21 and 22, TOGETHER WITH an uindivi4sA . 'S interest in Tract *A", VENTURA ESTATES, in the City of Tigard, County of Washington ~ ar~d State of Oregon. PARCEL 11- Lots ` 18, 19 and 20, TOC30THER WITH an undivided interest in Tract "A" and Tract -;bT. VENTURA ESTATES, in the City of Tigard, County of Washington and state of ozegOfti. 'PARCEL III: rx &,at 9, SARA GROVE, in the County of Washington and State of Oregon. ~•N`~A i • C aecumbraaces, continued Regulations, including levies, ''liens, assessments, rights of way, and 'eaaeinents of Tualatin Valley W*ter District. Terns and ; provisions, including obligations for maintenance of easement as 6stabl iAhe3d by Oregon Law and by instrument, y.,,,~ f Recorded: January 6, 1964 .4 Rook: 503: Page. 503 , (Affects Lot 1) An easement created by instrument, including terns and provisions thereof; Recorded: July 28, 1965 Book. 562 Page: 212 In Favor Of: Metzger Sanitary District For: Sewer Affects: A 15 toot strip near the west line of Lot 5 Basements as dedicated or delineated on the recorded plat. For: Public utility, sanitary and storm drainage .'r i. , . . Affects: Tract 18" Easementa as dedicated or delineated on the recorded plat. "T For: Private street access Affects: Tract "Sw Easements as dedicated or delineated on'the recorded plat. For: Public pedestrian access Affects: The Bast 18 feet of Tract "A" v Additional easements as dedicated or delineated on the recorded plat. Covenants, conditions and restrictions as shown on the recorded plat. Non-ACCess reservation as shown on the recorded plat, , Affects: SW Ventura Drive (Lots 5, 6, 7 and 8) Non-Access reservation as shown on the recorded plat, Affects: SW McKenna Place (Lots 17 and 21) Covenants, conditions, restrictions and easements, but omitting restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, `F including the terms and provisions thereof. Recorded: November 30, 2000 Recorder's Fee No.: 2000096291 Said covenants, conditions and restrictions contain among other things provisions for levies and assessments. < TRU 7Or#WW 7TG =CEPTI US AWYNCT PARCZL 122 Taxes for the fiscal year 2000-2001, partial payment has been made; Original Amount: $536-66 Unpaid Balance: $178.86, plus interest Levy Code: 051-50 Account No. 82082826 Map No.: 15119CD Tax Lot No,: 08500 The premises herein described are within and subyect to the statutory powers including the power of assessment of the Unified Sewerage Agency. Regulations, including levies, liens, assessments, rights of way, and easemonts of Tualatin valley water District. An easement created by instrument, including terms and provisions thereof. bated: Junes 9, 1972 Recorded: June 30, 1972 Book: 875 Page: 149 In Favor Of: Portland General Electric Company For: Electric power lines and rights incidental thereto Restrictive Covenants regarding street improvements, including the terms and rovisione thereof and including among other things a waiver of right of remonstrance ; Recorded: July 6, 1996 Recorder's Fee No.: 9AD72026 Restrictive Covenants regarding sidewalks improvements, including the terms and provisions thereof and including among ether things a waiver of right of remonatrance,, Recorded: July 6, 1:98 Recorder's Pee No.: 98072927 Restrictive Covenants regarding public roads improvements, including the terms and provisions thereof and including among other things a waiver of right of remonstrance; Recorded: July 6, 1999 Recorder's Fee No.: 96072829 ..vv v.r_ti~ -r~•.w i i~ ~.r~nL vJw IVV. 1bC F'. b/J • K: rrte~ Z "```~M.anceS• Continued ' Agreement to Naive Rights to Notice, Hearing, and Remonstrance Kashingtan county a...~ Service District for Lighting No. SDL-1, including the terns and provisions thereof; Recorded: July 13, 1998 : j.., Recorder's Pee No 98075528 Continuing request for street lighting service, Washington County Service aiatrict, for Lighting No- =L-1, including the terms and provisions thereof; Recorded- July 13, 1998 Recorder'e Fee NO.. 98075529 Easements as dedicated or delineated on the recorded plat. For: Public utility Affects: S feet on the frontage of all Tote abucting public streets or Tract A x. Easements as dedicated or delineated on the recorded plat. s~ Por: public utility, sanitary sewer, storm and water ° •~,'`.;;~f drainage and ingress and egress ,t,•:;~ t Affects: Tract A Easements as dedicated or delineated on the recorded plat. For., Reciprocal access x <y Affects: The Scwtheasterly portion at Lot 0 and the: Southwesterly portions of Lot 9 and the Westerly portion of trot 10 Terms and provisions, including obligations for maintenance oe easement•as established by Oregon Law. Easements as dedicated or delineated on the recorded plat. Par: Sanitary sewer Affects: Westerly portion of Lot 3, Easterly portion of Lot 4 and the Easterly portions of Lots L. 2 and 3. Easements as dedicated or delineated on the recorded plat. For. Reciprocal access ;r. Affects: South 10 Feet of Lot a and North 10 feet of Lot 3 Terms and provisions, including obligations for maintenance of esseuxent ae established by Oregon Law. Easements as dedicated or delineated on the recorded plat. For: Sanitary Sewer and Storm Drainage Affects: The Easterly 10 feet of Lot i and the Westerly 10 feet of Lot 9 p Easements as dedicated or delineated on the recorded plat. For: Sanitary sewer and storm drainage Affects: The South 10 feet of Lot 9 and the North 10 feet of Lot 3 Covenants, conditions and restrictions as shown on the recorded plat. Y~ The Maintenance and Ownerehip agreement for Tract "A", including the terms and provisions thereof, Dated: November 30, 1998 Recorded: December 11, 1998 Recorder's Pee No.: 98140426 Affects: Lots 2, 3, 4, 5 and Tract "A" 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): 1-02S l 5tt' t.01- 'Lj gl-eg j" GST*TerS FOR STAFF USE ONLY Tax Map & Tax Lot #(s): to 6 V,4 S Fy 3b, "rf `JJf- Li 1SI2te Ata -c4 $ Ono I Gq%J Site Size: Case No.: 6jt Z&- 3 - on / 0(- Applicant`: It J, &Y--1ATV= t& Other Case No.(s):J A1-t2-2-3o3 -o%.z 105 Address: K'19.4 P r-- i IF- ^ So~~ City/State: oa-- ip: fm.{S Receipt No.: tZlz, ® 3 Primary Contact: ~,4~srr a 1cS2:1~ Application Accepted By: Phone: 1,,, g8~s Fax: 5DV"' X53 • 46-t6 Date: Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined To Be omplete: Address: Phone: City/State: Zip: r-~- Comp Plan/ a Designation: * When the owner and the applicant are different people, the applicant y 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) must sign this application in the space provided on the back of this Rev. 2/28/2003 is\curpln\masters\revised\adjustment-t.doc form or submit a written authorization with this application. PROPOSAL SUMMARY 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): REQUIRED SUBMITTAL ELEMENTS >Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage >Soecial Adiustments: ✓ Application Elements Submitted: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ❑ Application Form ♦ Landscaping Adjustments - Existing/New Street Trees ❑ Owner's Signature/Written Authorization ♦ Parking Adjustments - Reduction in Stacking Lane Length 4, Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev. ❑ Title Transfer instrument or Deed ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ❑ Site/Plot Plan (6 copies) ♦ Washington Square Reg. Center Density Adjustments ❑ Site/Plot Plan (reduced 8y1'x 11") Please state the reason for the Adjustment request: ❑ Applicant's Statement ►46ti ~►ar= 1-(pc(1-f > :5 C~ APS11 S71ME:eJ (Addressing Criteria Under Section 18.370.020) pjr= "rd ~2ar t1v~> (Ale-,Cta-Lx~ "A-TF©n1 -CYV,%w,, l5 ~ ~ ❑ Filing Fee 1y -7 Jurisdiction: ❑ City ❑ Urb 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 2O day of 1J+e%3eft%6fL 20aS p lica ~d Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 11/20/2003 13125 SW Hall Blvd. 12:50:34PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000005066 Date: 11/20/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00105 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 VAR2003-00106 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 Line Item Total: $420.00 • Payments: Method Payer User ID Acct/Check Approval No. How Received Amount Paid CreditCard SCOTT DESBIENS KJP 043584 In Person 420.00 Payment Total: $420.00 • Page 1 of 1 cReceipt.rpt NOV.26.2003 3:03PM CHICAGO TTL LAKE OSW NO.162 P.1i5 Chicago Title • Inst rance'Company of Oregon Worth the Choice 5285 S.W. MEADOWS ROAD, SUITE 148 TELEFAX TO: 67 T LAKE OSWEGO, OR 97035 (503) 973-7500 (503) 639-1709 FAX ATTENTION: REGARDING: ~f FAX NO: 1~cl 9. (0 0 Number of pages exclusive of cover sheet: If a problem in receipt arises or not all pages are received, phone this office and ask for: 4A -The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. 71te information contained in the material is privileged and is intended only for the use of the individual(s) or entiry(ies) named above. If you are not the intended recipient, be advised that any ur urhorized disclosure, copying, distribution or the taking Of any acrlon in reliance on the contents of this information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by relephone ro arrange for return of the forwarded documenrs to us. " OFiOS-0904iCT (4.82) ^ NOV.26.2003._ 3:03PM-CHICAGO TTL LAKE OSW NO.162 P.2%5 RZtr01taZw >RZTpRN To, STATE Of OgEpOq ~ W ' • .•s~f: logo t e Corp. 89 COunV of VA=MrgpM 14 O 1..lMty r at Af9~ y(q~~k~~', th AIF end Until change is r eared all tax K??. mtatemants shall be sent to the following address : of Doc : 2001043loo ~1 Rest: 276361 •'97.00 EsCrOw NO. 4200-29854DH 05i0eZ2001 02:01:27p= v Order No: 225506b WARMAN= DZZD - 8TAT020W >r'01W[ (INDIVIDUAL or CORPORATION) ?r s"T VENTURA, LLC, an Oregon limited liability eo company, as to Parcels I and I LLC, as to Parcel III Z aired' Grantor, conveys and warrants to wINGATE D910MENIMI-, I-, AN OREGON CORPORATION Grantee, the following described real property free of encumbrances except as specifically ~`r set forth herein: (Continued) j This instrument will nor. allow use of the property described in lhis 3astruaant is violet C= ~ of applicable lead use laws and regulations. Before signuv or accepeing this tftwt +----mot. cos a acaff g tea title to the property should Check with the rpnrop tats city Or eouatyty pl plaArs3aQ dep dapsrtmaat to verify apprevwd uses apd to detersine Gay Baits an lawsuits i' against fuzod-sg or forest practices as defined in OAS 30-99o. ENCU[ BRANCES TRZ FOLLOWING ZXCZFTX0298 AFFECT PARCSLS * MW II The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) The true consideration for this conveyance is S $2.00 and other valuable consideration Dated May 1, 2001 ; if a Corporate grantor, it has caused. its name to be signed by order of its board of directors. LC, AN LIMITED LIABILITY 1 BY: BAR 0129S AS, MEMBER STA7.0 OF OREGON, County of &~"e~A%f )SO. This instrument was acknowledged before me on by bThyis i ment was a ow ged efgro me on of ~L As -Q ry Public for Oregon,, My commission expires t / OFFICIAL S M DE9131E A E'11GOINS 1 NOTARY PUBUC,oAE00N COMMIBSICIA Mb 3&SM MY COb "S'C*J FXP'FWB C-FC.EMBEFt7, ?poi NOV.26.200 3:03P CHICAGO TTL LAKE OSW NO.162 P.3/5 Crider No, 225506b , ~ . LsfiAL D~BCRZD°tiO~i :':i W.-'• ne, PARCEL I Lots 1 through 14, inclusive and Late 16, 27, 21 and 22, TOGEIMER WITH an undivided interest in Tract "A", VENTURA ESTATES, in the City of Tigard, County of Washington and State of Oregon. _ yr ,'9:~•; PARCEL 11- Lots ~ j"+. 10, 19 and 20, TOGETHER WITH an undivided interest in Tract "A" and Tract VENTURA ESTATES, in the City of Tigard, County of Washington and State of OYygpli,"'• ~ PARCEL III: ;.tp, r y LOt 9, SARA GROVE, in the County of Washington and State of Oregon. : "rGl ;M 1 . , .OY d•T .ty S ; NOV.26.200 3:03P CHICAGO TTL LAKE OSW NO.162 P.4/5 ' ` • • `'':ate Xncw•Araaces, continued - Regulations, including levies, ''liens, assessments, rights of way, and 'easements of Tualatin valley water District. 't'erms and provisiono, including obligations for'maintenance Of easement as fatablished by Oregon Law and by instrument, Recorded: January 6, 1964 }'av" ;y ^A :'h Book : 503 Page : 503 (Affects Lot 1) l^~.rF An easert:ent created by instrument, including terms and provisions thereof; t;ir Recorded: July 28, 1965 Book : 562 !:•.d: eY Page: 212 In Favor Of: Metzger Sanitary District "~~O %,,•y` For: Sewer } 7- Z. Affects: A 15 foot strip near the west line of Lot 5 Easements as dedicated or delineated on the recorded plat. For: Public utility, sanitary and storm drainage `;fug Affects: Tract °B" Easements as dedicated or delineated on the recorded plat. Private street access , ` For Affectst Tract 'Bw Sasements as dedicated or delineated on*the recorded plat. For: Public pedestrian access Affects: The East le feet of Tract ^A^ ' Additional easements as dedicated or delineated on the recorded plat. Covenants, conditions and restrictions as shown on the recorded plat. Non-Access reservation as shown on the recorded plat, Affects: SW Ventura Drive (Lots 5, 6, 7 and 8) Non-Access reservation as shown on the recorded plat, Affects: SW McKenna Place (Lots 17 and 21) Covenants, conditions, restrictions and easements, but omitting restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, including the terms and provisions thereof. Recorded: November 30, 2000 Recorder's Fee No.: 2000096291 Said covenants, conditions and restrictions contain among other things provisions for levies and assessments. T8! POLLOUING ZXC=PTIONS A=YECT PAR`uL 222 Taxes for the fiscal year 2000-2001, partial payment has been made; Original Amount: $536.66 Unpaid Balance: $178.88, plus interest Levy Code. 051-50 Account No.: 82082826 Map No.- 1S119CD Tax Lot No,: 08s00 17he premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. Regulations, including levies, liens, assessments, rights of way, and easements of Tualatin valley water District. An easement created by instrument, including terms and provisions thereof. hated: June 9, 1972 Recorded: June 30, 1972 Hook: 875 Page: 149 In Favor Of: Portland General Electric Company For: Electric power lines and rights incidental theretp Restrictive Covenants regarding street improvements, including the terms and rovisione thereof and including among other things a waiver of right of remonstrance; Recorded: July 6, 1998 Recorder's Fee No.: 98072826 Restrictive Covenants regarding Sidewalks improvements, including the terms and provisions thereof and including among other things a waiver of right of remonstrance; Recorded: July 6, X:tse Recorder's Fee No.: 98072827 Restrictive Covenants regarding public roads improvements, including the terms and provisions thereof and including among other things a waiver of right of remonstrance; Recorded: July 6, 1999 Recorder's Fee No.: 9so72e2s NOV.26.2003- 3_04P CHICAGO TTL LAKE OSW NO.162 P.5/5 . - I~Cesbrasaess, eoatinued • Agree lent to naive Rights to Notice, Hearing, and Remonstrance Washington County Service District for Lighting No. SDL-1, Including the terms and provisions thereof; ~Recorded: July 13, 1998 Recorder's Fee No.: 98075528 Continuing request for street lighting service, Washington County Service District, for Lighting No- SDL-1, including the terms and provisions thereof; Recorded: July 13, 1998 Recorder's Fee No.: 9807SS29 Easements as dedicated or delineated on the recorded plat. 'ai i;Y,'S• For.. Public utility Atfeets: .8 feet on the frontage of all lots abutting public streets or Tract A Fame., nts as dedicated or delineated on the recorded plat. y'am' r Par: Public utility, sanitary sewer, storm and water drainage and ingress and e9wese '~'-i•,' • t c wt( Affects: Tract A Easements as dedicated or delineated on the recorded plat- „ ' '•~~':,~'s'~'-t'r= Par: Reciprocal accede ~;,;yr ; •'7;y Affects: The Southeasterly portion of Lot 8 and the :t F•.pwa~?~ Southwesterly portions of Lot 9 and the Westerly portion of Lot 10 Terms and provisions, including obligations for maintenance of easement as established by Oregon Law. Easements as dedicated or delineated on the recorded plat. ei Par: Sanitary sewer Affects: Westerly portion of Lot 3, Fasterly portion of Lot 4 and the Easterly portions of Lots 1, 2 and 3. Easements as dedicated or delineated an the recorded plat. Par: Reciprocal access Affects: South 10 Eeet of Lot 2 and North 10 feet of trot 3 ' Terms and provisions, including obligations for maintenance Of easement as established by Oregon Law. Easements as dedicated or delineated on the recorded plat. For: Sanitary Sewer and Storm Drainage r" Affects: The Easterly 10 feet of Lac 8 and the Westerly 10 feet " of Lot 9 Easements as dedicated or delineated on the recorded plat. Por: Sanitary sewer and storm drainage Affects: The South 10 feet of Lot 2 and the North 10 feet of Lot 3 Covenants, conditions and restrictions an shown on the recorded plat. The Maintenance and Ownerehip agreement for Tract "A", including the terms and provisions thereof. Dated: November 30, 1998 Recorded: December 11, 1998 Recorder's Pee No.: 90140426 Affects: Loto 2, 3, 4, 5 and Tract "A" SETBACKS CONFlRMED PER CLIENT, 11/18/3 MSG. S 88'42'38" `E 84.41' s O 0 O 24.17 21 18.50'• t7 I OD 8 8 v Q 10; I N m rUJ ?0 15.83 19 U n 0 2.00' 16 I Ol ` 4"e -0 4.7' Go CL ' M------------------- 24 N i W i ~ I J i N W G ; g 8,00' 12 I 3 C 30.17 d' 6.33' 10 rl m 12.00' 14 Z <N> N o U1NTY EASEMENT / ~~C3 ~O• N 89'49'39" W 59.99' S.W. LOCUST STREET STAKEOUT LOT 2 VENTURA ESTATES N.E. 1/4 SEC. 36, TAS., RAW., W.M. ISION - CITY OF TIGARD -~WASHINGTON COUNTY, OREGON ` NOVEMBER 18, 2 003 Centerline Concepts Inc. DRAWN: MSG CHECKED: WGDIII a!!!!! SCALE 1"=20' ACCOUNT 395 640 82ND DRIVE GLADSTONE, OREGON 97027 M: \MLI\L2VENTU PHONE 503.650.0188 FAX 503.650.0189