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VAR2004-00001 • • EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2004-0001 CITY OF TIGARD CORNER SIDE YARD SETBACK ADJUSTMENT Community(Deve(opment LOT 84 OF WHISTLER'S WALK 11 ShapingA (Better Community 120 DAYS = 5/25/2004 SECTION I. APPLICATION SUMMARY FILE NAME: WHISTLER'S WALK II LOT 84 CORNER SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2004-00001 PROPOSAL: The applicant has requested an adjustment to the corner side yard setback to reduce the setback from 15 feet to 13 feet 5 inches to accommodate construction. APPLICANT/ OWNER: Don Morrisette Homes, Inc. Attn: Jim Delmore 4230 SW Galewood St. Lake Oswego, OR 97035 LOCATION: 13660 SW 121St Avenue; WCTM 2S103CC, Tax Lot 0100 (Lot 84 of Whistler's Walk II). 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. VAR2004-00001 -SETBACK ADJUSTMENT 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 Whistler's Walk II (SUB2003-00004). 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 corner side yard setback by 1 foot and 7 inches to accommodate construction of a 3,500 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 corner side yard setback to allow the placement of a house. The required corner side yard setback in the R4.5 zoning district is 15 feet. According to 18.370.020(B)(1)(b), a 1-foot, 7-inch reduction of this setback may be allowed provided the following criteria are addressed. 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; The adjustment is being requested to allow the proposed structure to protrude into the corner side yard setback. According to the applicant this is the minimum relief needed to allow placement of the proposed home. VAR2004-00001 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION The Adjustment will result in the preservation of trees, if trees are present in the development area; There is a stand of protected trees at the rear of this lot. The applicant has indicated the protected trees on the site plan, and staff has visited the site to assure that the tree protection measures are in place. This adjustment will not adversely affect the preserved trees if the applicant continues to honor the tree protection plan as required in condition #13 of the Whisler's Walk II subdivision decision (SUB2003-00004). This criterion is satisfied. 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 proposed home, there are no other reasonable alternatives to the placement or orientation of the home that would achieve the desired affect. If the same home were to be relocated on the lot, it would require multiple adjustments. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice 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 JANUARY 26, 2004 AND BECOMES EFFECTIVE ON JANUARY 27, 2004. Questions: you have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171. Januar 26 2004 PREP R a i y DATE Associate Planner C S~Z January 26, 2004 APPROVED BY: Richard Bewers o DATE Planning Man er VAR2004-00001 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION EXHIBIT Don Morrisette Homes, Inc. Attn: Jim Delmore VAR2004-00001 4230 SW Galewood Street WHISTLER'S WALK NO.2 SETBACK ADJ. Lake Oswego, OR 97035 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development SCiaping g Better Community 1, Tatncia G. Gu Q being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specia&t for the City of Tigar askinlyton County, Oregon and that I served the following: (Check Appropriate Box(s) Below) Z NOTICE OF DECISION FOR: VAR2004-0000 I /WHISTLER'S WALK N0.2 SETBACK ADJUSTMENT ❑ 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 lannary 26, 2004, and deposited in the United States Mail on lannary 26, 2004, postage prepaid. 1 (Person th pared Noti STA2tE 01F OUgO9V- Cqun Agod TT~intgton ss cuy Subscribed and sworn/ affir ed before me on the c~_~ day of '2004. -o OFFICIAL SEAL J BENGTSON NOTARY PUBLIC OREGON COMMISSION NO. 368086 `MY COMMISSION EXPIRES APR. 27, 2007 My Commission Expires: 411a '7 0 7 011115%2004 17:28 FAX 5035981980 CITY OF TIGARD 1?1002 ADJUSTMENT TYPE I APPLICATION CITY OF TiGARD 93125 SIN Hall Blvd., Trgard, OR 97223 (503) 539-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property AddresslLocation(s): 13 t~p(p0 St,J HZ'S-) 1,1LT~ J510 1 C-e-- -TAX Lod too FOR STAFF USE ONLY Tax 1>riap & Tax Lot #(s): 11111 be L41 n O p 0n Site Size: 21Q,~ <4 Z Case No. V rte 0~00~1" Applicant`: n (lam c - L Other Case No. Address, Z O __40 A (5)BO4-_t)ooa City iState:,]oa a R- Zip: 7nZ S Receipt No.:.a~(L.y - Q ISCi - Primary Contact: r~ Application Accepted By: ('_Ca,.-mow Phone: Fax: Date: l i W -c)4 Property Owner/Deed Holder F)* (Attach list if more then one) T A _ Date Dete fined To 6 Complete: Address: Phone: L - -Zda3 .City/state:Q r L .i t-L Zip: 52 zaa / .1/0 1 144 Comp Plan/Zone Designation: " When the owner and the applicant are different people, the applicant -Lb,,, L'De n / r-Z 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) must sign this application in the space provided on the back of this Rev. 2128/2003 is1^urplnlmaaterslrevisedkadjusynenr•1,0 p~ 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 DDevelopment Adjustmcint- Front Yard. Interior Se$,Poks and Lot Coverage Dsoeclst A ,steers,: ✓ Application Elements Submitted: ♦ Adjustments to a Subdivision • Reduction or Minimum Residential Density Application Form ♦ Landscaping Adjustments - FxlatinglNew Street Tress ♦ Parking Adjustn•ents - Reduction In Stacking Lane Length Owner's Signature/Written Authorization ♦ Parking Adjustments _ Reduction in Minimum Parkin (Dr Transit Improvements/Existing D6v. Parking ❑ Title Transfer Instrurrlerit w Deed ♦ Setback Adlustrnents - SethacKs to Reduce Tree Removal ^^99 t WirelessCommunication Facility Adjustmants - DistanceFr,,rnAnotherTowar LJ Site/Plot Plan (6 copies) ♦ Washington Syuare Reg, Center D6nsity Adjustments Site/Plot Plan (reduces 81/i'x 11") Pleas state the reason for ~he Adjustment request: Applicant's Statement ~g ace _.f ' Sf~` G _ (Addrewing Criteria Under Section 18.370.02u) ~J' Lxp ^e~ _ n D(r 7o 01' Filing Fee 1-1 - -LA r r~v5 An Jurisdiction: City ❑ Urb 01/15,,2004 17:28 FAX 5035931.980 CITY OF TIGARD 2003 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 "Re wired 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: o The above rg%Lest does not violate any deed restrictions that may be attached to or imposed upon the subject-Rroperx ♦ 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. o All of the above statements and the statements in the plot plan, attachments, end exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is feund that any such statements are false. ♦ Tne 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 . V-(C-" day of 7~sr-- arq 20_L-f_ antlAuthorized Agent Signature Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 1/16/2004 3:08:55PM 13125 SW Hall Blvd. Tigard, Oregon 97223 2i (503) 639-4171 Receipt 27200400000000000156 Date: 01/16/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00001 [LANDUS] ADJUSTMENT 100-0000-438000 210.00 Line Item Total: $210.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount P Check VENTURE PROPERTIES, INC CAC 5704 In Person 210.00 Payment Total: $210.00 038 71777 7. ; ~EN7URE PROPRTIE$,1NC BANK OF AMERICA`S 247038 t85Sh&WAIKEROFFlCE2858 32x0 M A40HA OR 97007 6 } 4230`CyALEWOOD 3Tf SUITE ypp'r Y t L 3 5 ~a~ J p 9 5 IAKE $VVEGa7 OR~GOt~ 703 rt PH r{503j 387 7538 f R f t sus t ~ s ~ J ti 1 F t 'J to r ' z` PRY ;:Two -`hundred {ten and 100/100 Dol`1 ars ` s , .ff as Pv i _ v , t r , t AMOl1NT DATE, c 2(~ /I "'CHECK f oink*** 1 ti~2Q O , danud T'y 1V~ V©Y t$ ,570 y • ! J ~ ~ 4 f , 4 F t S !A Y S J . - • 4csJ~ City of~T~gard 3 r , PQY t f> TOTHE k 4 7.f j s s' s l r.. i' ORDER f s . / Page 1 of 1 cReceipt.rpt • 0 Type 1 Adjustment Application RE: The following includes the Applicant's statement: According to section 18.370.020 B. Development adjustments 1. Sub point b. the Interior setbacks can be reduced up to 20%. 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: Even if we were to rotate the house on the Lot and ask for 2 side yard setback adjustments on each side, this would require a larger Side Yard Setback request on the West Side than is possible. With this configuration we do not need the full three feet that is possible; by leaving this configuration we only need 18 inches. 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: Emergency Access is not affected. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Comments: Of the solutions possible, this request if granted, asks for the least adjustment. DON • MORISSETTE OBE: 3186 HOMES INCORPORATED ~T. 84 4 2 9 0 G ALE W O O D 8 T R E E T LAKE OSWEGO, OREGON 87088 DATE: 12/15/2003 (8 0 3) 8 8 7 - 7 8 3 8 F A X (503)387-76 1 8 PROPERTY: WHISTLER'S-WALK-II S' CITY: TIGARD LECiEND X8'8• e• SCALE: 1"=20' s • PLAN No.: 199 -EXISTING 13'PINE STANDARD ELEVATION EL-328'.. f 47 7 j -EX15TING 22' BIRCH / ~J EL•328' o -STREET TREES T.B.D. 328 e 1 '•r:' ~ / 9e a / ry .3 V o ~3 Yg 3r o6 g / O •33~ 6~ EL" ENED ~ ~ \ lr eA ~ ~"'C~* 9°~~t l JAS 6 Y, •33Z ~ - ~1L~~r"rvvvV~.~L,UV~..,..n..-;'8 . ; 330 c~Re ? •i , r ~o 114918 / 332 LOT COVERACaE I N I O N LOT AREA: 8,105 SQ. FT. BUILDING AREA: 2,300 SQ. FT. LOT *l°9 PERGENTAGE: 28.4°x, 8,105 eq. ft.