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VAR2003-00111 EXHIBIT NOTICE OF TYPE I DECISION VARIANCE (VAR) 2003-00111 CITY OF TIGARD' WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #31 Community (Deve fop me tit SkapingA BettcrCommuni 120 DAYS = 4/21/2004 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK FRONT YARD SETBACK ADJUSTMENT #31 CASE NO: Adjustment (VAR) VAR2003-00111 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 33 of Whistler's Walk Subdivision. APPLICANT/ OWNER: Venture Properties, Inc. Attn: Jim Delmore 4230 SW Galewood, Suite 100 Lake Oswego, OR 97035 LOCATION: 12210 SW Kelly Lane; WCTM 2S103CC, Tax Lot 8600. 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 VAR2003-001 1 1-WHISTLER'S WALK FRONT YARD SETBACK ADJ. #31 PAGE 1 OF 3 CONDITION 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 33 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 VAR2003-00111- WHISTLER'S WALK FRONT YARD SETBACK ADJ. #31 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, makes the adjustment 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 JANUARY 12, 2004, AND BECOMES EFFECTIVE ON JANUARY 13, 2004. 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. January 12, 2004 PREPARE ew Sc e' egger DATE Associate Planner NOTICE OF TYPE I DECISION VAR2003-00111- WHISTLER'S WALK FRONT YARD SETBACK ADJ. #31 PAGE 3 OF 3 / = W CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM U'vL RE _ VICINIVY M" VAR2003-00111 WHISTLERS WALK T SETBACK ADJUSTMENT #31 I ~ W TALON LN ry^~ WHISTLERS U) r G) i- Ali p j KELLYL A OAB ERR 1 - _ _ n~A r _ AfTRV`i--J 1 1 BEE_,~BEM? Ai M faD `7 • ~ Tgard Area Map AERCEDR = • a~0 N U)X co N I I 0 100 200 300 400 FI t SW GAARDE ST I r SW GAARDE ST 1-=314 feet I I SW AMES LANE \1 City of Tigard Information on this map is for general location only and ' i I Q should be verified vrith the Development Services Division. 13125 SW Nall Blvd Tigard, OR 97223 I I U cE t ` (503) 6739-4171 N httpJAWM.ci.tigard.orus Community Development Plot date: Jan 12, 2004; C:\magic\MAGIC03.APR v c.Q Amk BE: 2803 DON MORISSETTE LOT: gg H 0 8 2 8 I N 0 8 4880 GALZWOOD 8T8S8T DATE: 11/25/03 8 7- 7615 PROPERTY: WHISTLER'S-WALK (0 A03)3678- °7 8 3 e' PA i (d o °a) 3879 CITY: TIGARD SCALE: 1"=20' PLAN No.: 170 OPTION 2 ELEVATION 12210 SW KELLY LANE '•Std-l alk. ~ ~ 60b0 : Approa 3 -2.5' LANDSCAPE 336 I -I O ,'•.1' O EASEMENT I I I I ; 'DRIVNWY ; . I I I ~ --N a•> ,940 I I I I 338 in 19'6' I 405 eq. f!. : 2 car gar. 10.00' PUBLIC I I FFE. " PEDESTRIAN EASEMENT I I I 338 I I 74' m I I I I I I '-4 1/ ' I I I I 3,190 sq. ft. a' I I_ I I 4 bdrm. PUBLIC 20.00' SD ~0 I I 41,2 bath AND 55 EASEMENT I I I FPS. 3415' I I I I 341 19 g. 3411 340 I I I I : 'cgirc.' ; 1 tit I I I I ^ ;PATIO, ' ' 342 I 1 1 I I 344 I I I I I 346 I I 348 948' 6 002, I 3481 I I . I I I I I ~ LMEND LOT GOYERAIGE LOT AREA: 6,402 50. FT. LOT 033 O -2' ACER RUBRUM BUILDING AREA: 2,600 50. FT. ~p~40Z 6q. ft. 'RED MAPLE' PERCENTAGE: 32.5% 0 0 EXHIBIT Venture Properties, Inc. VAR2003-00111 Attn: Jim Delmore WHISTLER'S WALK FRONT YARD SETBACK 4230 SW Galewood Street, Suite 100 ADJUSTMENT #31 Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Shapingfl (Better Corti in unity 1, Tatricia L. Lu d, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for the City of TWar Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) D NOTICE OF DECISION FOR: VAR2003-001 I I/WHISTLER'S WALK SETBACK ADJUSTMENT #31 AMENDED NOTICE (File No./Name Refereme) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit' 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 January 12, 2004, and deposited in the United States Mail on January 12, 2004, postage prepaid. (Pe son tti~ Prepared otic AM OT MGO-W CCU o of jjmgton SS. Ward Subscribed and sworn/affir ed before me on the day of , 200 re OFFICIAL SEAL JBENGTSON PUBLIC-OREGON It NOTARY COMMISSION NO.36 086 MY COMMISSION EXPIRES APR. 27, 2007 NOTARY PUBLIC UHREGUN My Commission Expires: .2-7 ACJUSTMEN TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 GENERAL INFORMATION YJ, Property Address/Location(s): 2210 i, FOR STAFF USE ONLY Tax Map & Tax of #(s): C(- D 8(p 101,6 Site Size: ( D Z t Case No.: y -0O I I Applicant': Venture Properties Other Case No.(s): Address: 4230 Ga lewood St. - l 1 00 Receipt No.: ,200 3 ^ J`~yd GI City/State: Lake Oswego, OR Zip: 97035 PrimaryContact: Jim Delmore Application Accepted By: -a4,u, L Phone:503-387-7500 / 866-4839 Fax: 503-387-7617 a _ 10 Date: / ~ 3 PropeVft~rn~wure ner/Deed Properties (Attach list if more than one) Date Determined To Be Complete: Address: Phone: z 2 z /O City/State: same as above :Zip: Comp Plan/Zone Designation: ' When the owner and the applicant are different people, the applicant Lauj pe,,l Rey lp q • 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 !:\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 :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 8'/2"x 11) We would like a Type 1 Adjustment ❑ Applicant's Statement per section 18.370.0208 subpoint A (Addressing Criteria Under Section 18.370.020) 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 J day of,- 0a,,_ , 20 72, plicant/Authorized Agent Signature Owner's Signature wner's Signature Owner's Signature 2 CITY OF TIGARD 12/19/2003 13125 SW Hall Blvd. 3:01:42PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000005467 Date: 12/19/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2003-00 1 11 [LANDUS] ADJUSTMENT 100-0000-438000 10.00 Line Item Total: $10.00 Payments: • Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check DON MORISSETTE HOMES INC DEB 52704 In Person 10.00 Payment Total: $10.00 • / Q/Y~ GEC 1~~~ V 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. CITY OF TIGARD 12/16/2003 13125 SW Hall Blvd. 1:56:46PM_ Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000005409 Date: 12/16/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SIT2003-00034 [BUPPLN] Pin Ck-Valu 245-0000-433000 96.79 SIT2003-00035 [BUPPLN] Pin Ck-Valu 245-0000-433000 96.79 SIT2003-00036 [BUPPLN] Pin Ck-Valu 245-0000-433000 96.79 TUP2003-00017 [LANDUS] Temp Use 6-12 Mo. 100-0000-438000 233.00 VAR2003-00 1 11 [LANDUS] ADJUSTMENT 100-0000-438000 200.0 Line Item Total: $723.37 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check DON MORISSETTE HOMES BB 52712 In Person 303.37 Check DON MORISSETTE HOMES BB 16497 In Person 420.00 Payment Total: $723.37 • Page 1 of 1 cReceipt.rpt -6QLAlIC FOMACM b AN E8TK4Tm FIMU R KAY VARY. -ALL DrI94MCMD Al1E EETMAT.E• EQ! PLAT VARY. 11 LI 11 lh~ l 4'L4M ARE DEOMM FOR FLAT LOTS. F FTA I;oW fE 1CL1 fa H MAATL TIED III AN ADDITK*41L Cs"Wt F NOM ERE 10 NOT FLAT. •AlCi~ DRAOE'M ARE EETIIATEE OF NOW NO -M MILL LOGIC r W r: `u. E Q, G~ d w a 0 a TOP ELATE NEYi1R i ' ' ' ' " C) W-2h• W ~ PITON EEOOND FLJ! WMAWT 'lull Lill • W-Ob- A&N TOP F'I.ATE ~j C4 \47 W-W ~0~00 Mo - Oo 00000 RAEIED R 18134t 00 MA d.v =00000- FRONT ELEVATION Q DT PLAN No. 1710-CM-2 DRAIN BY, KK DAM IM/03 • TOP PLATE 18IIAA4T SCALE. 114'07 FILE: 2803-rIOM-1 w-2w GRAUAdGB: EXTERIOR JT ELEVATION OPTION-2 eec'Mo MA NMaw TOP FLAT. Y-N 8F$T No. - F?UE{ED FLR FE191fI 1,0 1 d-o• 7V 1 QUEEN ANNE ' REAR ELEVATION OPTION 2 3JW SQ FT. -GGlW F=A= 0 AN EWMTW WAM R MAT VARY. l.Q 1~0 -ALL DPB101Q'ID AM EOTri4TM SCM MAY VARY. MADW r , *LANe NiL- DEa~ Z:= 010 r M"lo M01'E10 N ORE 10 NOT AN CIiA1Ca! P 0 NOT FIAT. QUEEN ANNE W A N FLML 1Y6~ 10 •ARafTeCw+L DRAIMOM AM EOTM n% GF MOD MOP! =.L LOM r w Q OPTION 2 Lu' E, 3.190 $a FT. G_, d 1 W a Yl' r, Ua 111111 Jill 11 lly 11 11Y 11 IlY 11 lint-L, 111 11 1111 11 11111 a U) o Jill I 111111 111111 fill 11 11111 p4 z 1 O I I i • ~ I I ~ Q4 I w - O ~ - ~ o pq LEFT ELEVATION Q PLMI No. no-opt-2 ,Q DRAIN 6TH KK DATES M/03 • SCALE: V4'-I'-0' I'm 2803-n00P2-2 DRAM G& EXTERIOR ELEVATION ' OPTION-2 Q I 4~ 111 SF~T No. Ul- RIGHT ELEVATION I'4'. P•0' J i ~ g -p• 49'•p• 6'-O' • 71 7 A'-2- 16•.7• A ~ z _ ~ Q _ REFER Q g ,--o Ro e y ~ Y e 216 - - ' _ - - A - N 8 0 jx~-Swy~' r~~ - ISLAND ♦ - 9 r D 6 REAKFBT. BO A~o s 1. 3 w - t V~ 3'.4' ° t pp Q 3.-0. W LL - - - - r Z_ _,1 t 6 ACCESS 0 - _ p 3'-H' 3'-O• Q- 0 N I I ~ I Q ° 3 - [T~ - - S D' DEEP SOFFITv 1 - v 01 a ml I Q d w P pa~^ ~C ill I ° - app $ ` VVCVC VV ~ I I r y~ ~a N ~ I P I I P 8 B V- r j I I ° P Oy - w Z i I I P •MMM !L. - 3'-3' H' II'•O' B'•4' 13'-7' IB'-6' W.O. O N 0 v ~zoz DON MORISSETTE c H 0 M E S I N C 0 R P 0 R A T E D