VAR2004-00013
EXHIBIT
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2004.00013
CITY OF TIGARD
THORNWOOD SIDE YARD SETBACK ADJUSTMENT Community (Devefopincrit
ShapingA BettcrCommuni
120 DAYS = 6/25/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: THORNWOOD SIDE YARD SETBACK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2004-00013
PROPOSAL: The applicant has requested approval for an Adjustment to the side yard
setback to reduce the setback from 5 feet to 4.6 feet to accommodate
construction on lot 46 of The Thornwood Subdivision (SUB2000-00006).
APPLICANT/
OWNER: Venture Properties, Inc.
Attn: Jim Delmore
4230 SW Galewood, Suite 100
Lake Oswego, OR 97035
LOCATION: 12360 SW Aspen Ridge Drive; WCTM 2S11013C, Tax Lot 7500.
ZONING AND
COMPREHENSIVE
PLAN
DESIGNATION: R-7: The R-7 zoning district is designed to accommodate attached single-
family homes, detached single-family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes,
at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. 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 VAR2004-00013-THORNWOOD SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3
CONDITION OF APPROVAL
1. Provide a new site plan showing the garage to be setback a minimum of twenty 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 46 of the Thornwood Subdivision. No other land-use cases are
associated with this parcel.
Site Information and Proposal Description:
The applicant has requested an adjustment to the side yard setback to reduce the setback from
5 feet to 4.6 feet to accommodate construction.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENTS:
Section 18.370.020.B.1.b provides that up to a 20% reduction of the dimensional
standards for the side and rear 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 topography of the lot precludes the placement of a pre sold
home which has fit on other parcels within the subdivision without a reduction to the
setbacks. The applicant has only requested a 19% adjustment to the side yard setback and
a three foot reduction to the garage setback. Section 18.370.020.B.1.a states that, "Setback
of garages may not be reduced by this provision." Therefore, the applicant is required to
provide a new site plan showing the garage to be setback a minimum of twenty feet.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
By granting the adjustment, the proposed house will be moved out of the rock wall zone that is
protecting the trees at the rear of the lot. Therefore, this standard has been satisfied.
The adjustment will not impede adequate emergency access to the site.
NOTICE OF TYPE I DECISION VAR2004-00013-THORNWOOD SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
The request is for a side 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.
The desired effect is to protect the trees at the rear of the property to the greatest extent
possible. T herefore, the adjustment is the most reasonable request while maximizing the
livability of the parcel. This standard has been satisfied.
FINDING: Based on the analysis above, Staff finds that the development adjustment
criteria are satisfied based on the following condition.
CONDITION: Provide a new site plan showing the garage to be setback a minimum of
twenty feet.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A side 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 MARCH 17, 2004,
AND BECOMES EFFECTIVE ON March 18, 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.
March 17, 2004
PREPA E B athew heidegger DATE
Associate Planner
NOTICE OF TYPE I DECISION VAR2004-00013-THORNWOOD SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
EXHIBIT2S110BC-07500
VENTURE PROPERTIES INC
4230 GALEWOOD ST STE 100
LAKE OSWEGO, OR 97035
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
SlrapingA Better Community
1, Patricia L. Lu Q being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specialist for
the City of 4igaraskington County, Oregon and that 1 served the following:
(Check Appropriate Box(s) Below)
❑x NOTICE OF DECISION FOR: VAR2004-00013f[HORNWOOD SIDE YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit"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 Exhibit "B", and by reference made a part
hereof, on March 11, 2004, and deposited in the United States Mail on March 11, 2004, postage prepaid.
. amt../
(Person that pared Notice
S A91E Of 09MGON
gton ss
cqm city Nw f jj~im
Subscribed and sworn/aff- coed before me on the day of , 2004.
OFFICIAL SEAL
sn J BENGTSON JIUHHY PUBLIC UF BEEN
' NOTARY PUBLIC-OREGON
0-7
MY COMMISSION IOEXPIRES APR. N O. 680 27 My Commission Expires:
2007 i~~6 1,
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 6394171 FAX.- (503) 684-7297
GENERAL INFORMATION
A esslLocation(s): 12360 SW Aspen Ridge Dr, j
T~r ~~g~, FOR STAFF USE ONLY f
Tax Ma'1'511 Tax Lot #(s):
OBC075
Site Size: 5,33 2 square feet Case No.: 'ocu I3
Applicant`: Venture Propertias Other Case No-(s). NHS I a?oU4 -oooVo
Address: 4230, Calewoc)d St. 31 00 ~ - 079(4
City/State: Lake Oswego, OR Zip: 9 7 0 3 5 Receipt No.: aOO
Primary Contact: I Jim Delmore Application Accepted By: 13 d
Phone:503-387-7500 / 866-4339 Fax: 503-307-7617
a -ato "y
-
Proper nerlDeed Holder(s)': (Attach list if more than one) Date:
VVn'i wure Properties Date Determined To Be Complete:
Address: Phone:
City/State: same as above .Zip:
Comp Plan/Zone Designation:
When the owner and the applicant are different people, :he apolicant ~e s MR-~7
must be tl e purchaser of record or a lessee in possession: with writien
authorization from,- the owner or an agent of the owner. The owner(s) CI T Area
must sign this application in the space provided on the back of this Recording Date and Number:
form or subri ii a written authorization with this application:.
PROPOSAL SUMMARY Rev. 7/12/02 is\curpln\masters\revised\adjustment•i.dcc
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 Acjustment - Front Yard. Interior Setbacks ar,C Lot Covera_e REQUIRED SUBMITTAL ELEMENTS
:Special Aciusimeris:
♦ Acius:ments to a Subdivision
♦ Reduction of Minimum Residential Density ✓ Application Elements Submitted:
♦ Lar.cscacing Adjus;merts - =xts;ing/New Street Trees
♦ ParK1ng Adjustments - Reduction in Stacking Lane Length ❑ Application Form
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev.
♦ Setback Adiustments - Setbacks to Reduce Tree Removal ❑ Owner's Signature/Written Authorization
♦ wireless Communication Facility Adjustments - Distance From Another Tower ❑ Title Transfer Instrument or Deed
♦ Wasnrnctor, Sduare Reg Center Density Adjustments
❑ Site/Plot Plan (6 copies)
Please state the reason for the Adjustment request: ❑ Site/Plot Plan (reduced 8!/2"x I I')
I
We would like a Type 1 Adjust, me^t ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
per section 18. 370.020D subpoint A -d T Also see a acne pp_icant ❑ Filing Fee $205.00
Statemerit addressin<3 criteria tinder
Section 18.370.020
451 ~k/VA
J
Type 1 Adjustment Application
RE: Thornwood Lot 46 Side and Front Yard Variance Application
Venture Properties respectfully request a Front and Side (both sides) variance adjustment
for Lot 46 in our Thornwood community. There is a rock retaining wall on the rear of the
lot that "bends" into the lot in order to avoid influencing a tree canopy zone. A portion of
the rear of the house would be located on the rock wall, which is not structurally possible.
By moving the house forward (into the Front and Side yard Setbacks), the house is
located out of the Structural Zone of the Rock Retaining Wall.
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: Due to the topography of the lot, the house and lot need to be a Daylight
Basement Plan. Both of our Daylight Basement plans have the same footprint which has
worked on our other daylight basement lots within the Thomwood community without
any adjustments. In addition the house plan is a presale with a buyer that has chosen that
particular plan. By placing the house on the lot in this manner, we do not need the full
extent of the variance that is possible.
b. The adjustment will result in the preservation of trees, if trees are present in the
development area:
Comments: By granting the Variances and moving the house forward, this will keep the
house out of the rock wall zone that is protecting the tree canopy.
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: 2923
HOMES INCORPORATED LOT' 48
4 $ s 0 G A L E • O O D 8 T R I IT 8 U I T I 10 0
LAItI OSWEGO. OREGON 97035 DATE: 01/22/2003
i (aos)sar-rasa FAX (aos)sar -7e15 PROPERM THORNWOOD
CITY: TIGARD
SCALE: 1"=20'
PLAN No.: 184
STANDARD ELEVATION
12360 S_U1.
EI
n ~I
N
L = 4IDr9-7' 4.1
446 E'rOeCh
445'
r C.CmtO.. ° -
446 rfvCW 10' PuE. 9
444
442 dea 4113; o, --i~'--
44' _
j 440 431s ft ,10
f
car gar.
438 I FF.E.443'
r l
II'6'
436
\\l r' h
3,045 aq; ft.
434 3 bdrm.
I m
It Z
FF.E. 4445'
432 r
I
18'-6 • ]2'
430 r
r 22'x10' DECK 9
I
! 4_29'
`1T'-81 er Ion control / 429'
428 lo- egs eno
ill p
T.O.W. 424.0' 4181 T.O.W. 424.0'
B.O.W. 418.0' ro (o.42 418 B.O.W. 418.0'
I
LEGEND LOT CO1/ERACsE
STREET TREES, SEE LOT AREA: 5,332 Sa. FT. LOT 04(0
-
0 PLAT BUILDINCs AREA: 2,434 Sa. FT. 5 32 eq. ft.
FOR SIZES AND TYPES PERCENTAGE: 45.&%
L
a go
DON • MORISSETTE OBE: 2923
HOMES INCORPORATED
LOT: 48
4 8 3 0 O A L S • O O D S T E E ST SUITE 10 0
LAKE 0SwECO• 0REC0 N 97035 DATE: 02/23/2004
(503)3a7-7538 P A X (503)387 - 7 6 1 5 PROPERTY• THORNROOD
CITY: TIGARD
SCALE: 1"=20'
PLAN No.: 184
STANDARD ELEVATION
123r
EI
L 40T9~' 4.1 e
4466
446':;:: ,
_ 446' ::4451
1 ;Concrete
;Dj
rtvew a j o
44(0 10' P.UF. iv
I 444 443,:,,.`• :443": Im 12' 4
4 -6 2m• ,
442
l'Im'
440 ' c8r or. - 4 6 V 1
Fr-F. 443
438 +
11'6'
436
` 3 45 ,a~q, ft. Q
QQ J' ~ 3 bdrm. '~t
434 ' 31/2 bath
f
432 +
r
9
'r 22'x10' DECK
430
17
17'-3- 429'
L --J
eroelon control
428
e o- aS6 and I-a'
:t
1
T.O.W. 424,0' 4t81 T.O.W. 424.0'
B.O.W. 418.0' 418 B.O.W. 418.0'
i
LEGEND LOT COVERAGE
STREET TREES, SEE LOT AREA: 5,332 SQ. FT. LOT 046
-RECORDED PLAT BUILDING AREA: 2,434 SQ. FT.
j \ p FOR SIZES AND TYPES PERCENTAGE: 45.6% 5,332 6cj. ft.
I
CITY OF TIGARD 3/2/2004
13125 SW Hall Blvd. 8:29:41AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000000794
Date: 03/02/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00012 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
VAR2004-00013 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $420.00
Payments:
Method Payer User ID Acct./Check Approval No. How Received Amount Pai
Check VENTURE PROPERTIES CAC 5709 In Person 420.00
Payment Total: $420.00
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~f k VENTl1RE PROPERTIES INCA BANK•bF AMERICA F 24 7038
-ra ~ v r r 765111 S NfALICER OFFlCFz 2858. t 5 ~ O
r r- 3230
4230 CiAL'EWQQp ST rYSUIT~ OO f f t ' ' ALOHA, OFi-97007
KE OSVVEGC`l QRtr~ON 97035 ~"rmr + s fr 5 { s
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