Loading...
VAR2004-00033 EXHIBIT A NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2004-00033 CITY OF TIGARD FRONT YARD SETBACK ADJUSTMENT Community(Dewropment Sriaping A (Better Community LOT 19 OF DURHAM OAKS SUBDIVISION 120 DAYS = 8/3/2004 SECTION I. APPLICATION SUMMARY FILE NAME: DURHAM OAKS LOT 19 FRONT YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2004-00033 PROPOSAL: The applicant has requested approval for an Adjustment to the front yard setback to reduce the setback from 15 feet to 11.25 inches to accommodate construction of a house on a lot with a stand of trees at the rear of the lot. According to the site arborist, the adjustment would benefit the health of the trees at the rear of the lot. APPLICANT/ OWNER: Buena Vista Custom Homes Attn: Kyle McBride 6932 SW Macadam Avenue, Suite C Portland, OR 97219 LOCATION: 15985 SW Avon Place; WCTM 2S112CC, Tax Lot 18400 (Lot 19 of Durham Oaks Subdivision). COMPREHENSIVE PLAN DESIGNATION: R-12, Medium-Density Residential. ZONING DESIGNATION: R-12: Medium-Density Residential District The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of 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. VAR2004-00033 -SETBACK ADJUSTMENT PAGE 1 OF 3 NOTICE OF TYPE I DECISION CONDITION OF APPROVAL 1. All construction must be completed in compliance with the conditions of approval of the Durham Oaks Subdivision (SUB2002-00009). 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 the north side by a church, on the east side by a multi-family complex, on the south side by the regional treatment facility, and on the west side by a mixture of commercial and single-family uses. The proposal is to intrude into the 15-foot front yard setback by 3 feet 9 inches to accommodate construction of a 3,511 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 front yard setback to allow the placement of a house. The required front yard setback in the R-12 zoning district is 15 feet. According to 18.370.020(B)(1)(a), a 3-foot, 9-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 front yard setback. According to the applicant this is the minimum relief needed to allow placement of the proposed home, and to ensure preservation of the healthy trees on the corner of SW Durham and SW Hall Blvd. VAR2004-00033 -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 #14 of the Durham Oaks subdivision decision (SUB2002-00009). 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, and the location of the trees on the lot, 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: otlce was mailed to the applicant and owners. Final Decision: setback Tjustment 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 APRIL 13, 2004 AND BECOMES EFFECTIVE ON APRIL 14, 2004. Questions: you u have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171. 1'~7 A Aril 13, 2004 Brad i y Associate Planner VAR2004-00033 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION LLij CITY of TIGARD R GEOGRAPHIC INFORMATION SYSTEM I coo VICINITY P" LANGTREE ST _n AMLET MLE r VAR2004-00033 r JO CT w m 4 VENTURE LN Q DURHAM OAKS LOT 19 P o ~G N 'SETBACK ADJUSTMENT 00 W Pr N Q 00 AVON ST C) 00 C J U a SITE o ; STRATFORD Cr R ORS FER 0 RD 00 CAROL ANN C7 RD DURHAM RD \eUL1iMTYip RONITA: '.D BEEF ..1 ~ ,...IL-- I.`/ Imo/ • Tigard Area Map A N 0 100 200 300 400 Feet 1'= 308 feet City of Tigard Information on this map is for general location onty and Should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 httplAvww.ci.tigard.or.us Community Development Plot date: Apr 13, 2004; C:\magiC\MAGIC03.APR r b y~~ N0117310NU 33J1 • -0 rO 9LY = 8£Z x ,Z • 83H"JI\ -RI101 "SEL • 1VL01 a3A*/9 9 Ol 33211 T.tv1l3PC3 • A - 37N-% Ills C.- (38V9 IV oa3 insv3w OL .L • 'logla 'PQ .5L 19" - 3Cll~'~Bb9 ,5 Ol .Y - 93b1 NOllt+'QJI111 t $ ` J 1tI2i319"T 213fi34 ► L2{+/11N0'S • --eet- ~ 1V2131t/7 21 317fp (10'1 &133 Z) CDKiw3t l:j ON0.L91 45 x .f _7101 "4E • 7Vi01 1333!1.9 Q33N; 9V7£~ Q -SMU NOILV'MMW j ism gffm ZQ (x77d 3ovOSdiv97 ONV NOIr7'AxL593ad 1 1•~ 33811) sTmiania win 40 L 133}•".9 bw _ -1-WLSNI 'CISAVS 3a 01 83311 71V ONfC;?!W - n-1 L~31oaa 33ai1 aal~o~d ig 7m ~r ~ p \ C' li~G t89h 3 V x O flOO A21t"1119'9 ~ a L J I O.` pq• ~ v r 2.U~ - O \ O > 7 01 10*1 ti o, Z: NO ic O P 9 all ` 185 s ° • v ~ ..m-, 9138 ~ ° 0 1 ~ _ ,f70L ~ ~ ~ o w m~s6rr•.1sr.~ - - • - •0~8L I l3 ° EXHIBIT Buena Vista Custom Homes VAR2004-00033 Attn: Kyle McBride DURHAM OAKS LOT 19 SETBACK 6932 SW Macadam Avenue, Suite C ADJUSTMENT Portland, OR 97219 AFFIDAVIT OF MAILING CITY OFTIGARD Community rDewropment Shapingfl BetterCommmunity 1, (Patricia G Gu d being first duly sworn/affirm, on oath depose and say that I am a SeniorA~fministrative Specia&t for the City of 7igarashington County, Oregon and that I served the following: (Check Appropdale Box(s) Below) ❑ NOTICE OF DECISION FOR: VAR2004-00033/DURHAM OAKS LOT 19 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 April14, 2004, and deposited in the United States Mail on April 14, 2004, postage prepaid. (Person that repared N ce) 57,?l Of OUGOX qqun V anf jemgton ss Subscribed and sworn/ affi ed before me on the day of , 2004. r . OFFICIAL SEAL J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368M MY COMMISSION EXPIRES APR. 27, 2007 MY Commission Expires: ~ ~ 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): 151 VS gW A-v&~% V FOR STAFF USE ONLY Tax Map & Tax Lot #(s): -Tax !22fe - 2 S 1VV e I ZGC Ta\ae Lots _ I Zoo I I yoo ► i w & Site Size: Case No.: VA-K X90 f -OsXD 3 3 Applicant*:13uctng VI64, Ct-s&nl ~trC Vyezi Other Case No.(s): Address: 6932 51„e c~c~o SuOc C City/State: 4i,+luN OK Zip: 972.19 Receipt No.: ~ - (3 9 ~ Primary Contact: Irv L pit- oalrz- Application Accepted By: Phone: 1(503) 710 - '9115 Fax: (5-03) 621- lob Date: Property Owner/Deed Molder(s)*: (Attach list if more than one) Bu -ec7 VmI4 g C-V Date Determined To Be Complete: Address: C`i32 sw ~ ..!c~c~c-tea Phone: 03 L NI-6033 City/State: Pc4.t Jc o&9 rig Zip: X7,21!!) Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant 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\curplnkrtastersUevised\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 REQUIRED SUBMITTAL ELEMENTS Community Development Code (please circle ,one only): >Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage >Special Adjustments: ✓ Application Elements Submitted: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density Application Form ♦ Landscaping Adjustments - Existing/NewStreetTrees Owner's Signature/Written Authorization ♦ Parking Adjustments - Reduction in Stacking Lane Length ♦ 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 ICI Site/Plot Plan (6 copies) ♦ Washington Square Reg. Center Density Adjustments ite/Plot Plan (reduced 81/2°x 11") Please state the reason for the Adjustment request: Applicant's Statement Addressing Criteria Under Section 18.370.020) 5 tall- kh-, Filing Fee ~ I O +o:a akd1to Z0:)c T I^G Jurisdiction: ❑ City ❑ Urb ])VVIIC4tVt OeAR5 Y7C~Jn~~c& Ad 5W,,Amcm ` _S4 6c A )V sl e& elf cry- 1S I to t t~fitn-' C1r +1(M to ~Gl l /Gh 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 day of 20 App ' ant/Authorized Agent Signature 7 Si na ure Owner's Signature Owner's Signature 2 CITY OF TIGARD 4/5/2004 13125 SW Hall Blvd. - 10:09:19AM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200400000000001380 Date: 04/05/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00033 [LANDUS] ADJUSTMENT 100-0000-438000 210:00 Line Item Total: $210.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid&L Check BUENA VISTA CUSTOM HOMES KJP 4243 In Person 210.00 INC Payment Total: $210.00 ki r 0~ ~i_ li •Vl. r 7 :ti'' { s1~7 g-_ i3'-.; .~iYc`.!,°fci~tiia _u Lz : __.=i:. t:.~ .y::., _ ..`.-\':i . E _ _'~•s 1 . ~ 4243 WASHINGTON MUTUAL BANK • BUENA VISTA CUSTOM HOMES, INC. t % Portland, Oregon 6932 S.W. MACADAM AVENUE, SUITE C 19-7076/3250 4/1/2004 PORTLAND, OREGON 97219 (503) 443-6033- PAYTOTHE City of Tigard $ *•210.00 • ORDER OF Two Hundred Ten and 00/100*******************s*sss**s**sss*ss**ssss*ss**sss*sss*s**s*********ss*s***ss**s***s* DOLLARS City of Tigard MEMO - - D019-adjustment - - - _ 5 "^V~;°t '_,a L' ~r;•i.;- Cyy': a`~r1LToici'3`.'u~IT_•.V'~1.:'ia`;L~n{f'i,Ci!- 43 Page 1 of 1 cxeceipt.rpt a'n M Kit, THIS SPACE RESERVED FOR RECORDER'S USE After recording return to., Buena Vista Custom Horses 6932 SW Macadam, Ste C Portland, OR 97219 Until a change Is requested all tax staternents shall be sent to the following address: Buena Vista Custom Homes 6932 SW Macadam, Ste C Portland, OR 97219 File No.: 7034-733152 (G)M) Date: February 12, 2004 STATUTORY WARRANTY DEED ECF Durham Oaks, LLC, a Oregon Limited Liability Co, mpany, Grantor, conveys and warrants to Buena Vista Custom Homes, a Oregon Corporation, Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: Lots 1 - 27 Inclusive, Durham Oaks, In the City of Tigard, County of Washington and State of Oregon, TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, AND TOGETHER WITH AN UNDIVIDED INTERST IN TRACT B. This property is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TrrLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $1,917,000.00. (Here wn#y with reriuirements of ORS 93.030) Page 1 of 2 0 APN: Statutory Warranty [Teed File Na: 7034-233152 (GIN) - ODnLlnUed Date: 02/1212004 ECF Durham Oaks, an Oregon Limited Liability Company By: Charles J. Fe g,, #eAber'-\j By: Graham L. Colton„ Member Lj; J. nyon gon. Member OF111 Ai-SEM& GLORIA MILLER Cgmmu 0n ra 35M My COMMiSSigN QfPI#iF$ APR. 16, 2006 STATE OF Oregon ) )ss. County of Washington } -this instrument was acknowledged before me on this `~2t) by Charles J. Fettig, Member andGraham L. Caito r and I Kenyon Eagon, Member, of the ECF Baseline, LLC, an Oregon Limited U v1d Gloria Miller Notary Public for Oregon My commission expires: 4-16-2006 Page 2 of 2 The purpose for this attachment is to address the adjustment approval criteria a. The adjustment is requested based upon Buena Vista's arborist recommendations. His recommendations are the least required to achieve the desired effect. Please see attached sheet from arborist Walt Knapp b. The purpose for the adjustment request is to preserve protected trees and enable Buena Vista Custom Homes to build on lot 19 in Durham Oaks c. Lot 19 is at the opposite end of the neighborhood from the entrance. The adjustment will not impede adequate emergency access in any way. d. There are no reasonable alternatives to achieve the desired effect. The proposed adjustment is the only way to build safely. This is based upon the recommendations of arborist Walt Knapp Wait _p Subject: Site mtg Location: Durham Oalc Y Stut Wed 3/2412004 8:30 AM End: Wed 312412004 9:30 AM Recurmnee: (none) Meeting Status: Meeting organizer Required Atllandees: Mad Stine; Brad) Tigard (Kilby Contacts: Kyle McBride; Brad Kilby; Matt Stine We met on the site to discuss the proposed development within the tree protection zones on the site. There are two general areas affected by Buena Vista's proposed development; the corner grove of Douglas-firs (Hall and Durham), and the bigleaf maple near the church parking lot. Doaglas4lr grove. The tree grove in this area has had impacts from previous construction activities on the site, including installation of sidewalks and utilities on the street side. The cumulative impacts make it imperative to limit additional damage to the trees, particularly their roots. With that in mind, we had previously explored the root zones for proposed house foundations, using CThe to expose roots that would be affected. Depth of excavation was 18-24". Findings and recommendations are as follows: lding lot on the south has a large tree root within the foundation profile. This is an important root to protect and e. Additional roots within the proposed house location are either deeper in the soil profile (>2) or limited by the old at occupied the site. Rx Move the foundation location forward on the lot to the extent possible. Hand digl AirSpade to e Ioc~tion on the large root within the new foundation. Use a bridge footing 1 grade beam foundation in this part of the llow the root to remain. No excavation should be done within the footprint except for removal of debris from the s house, or minimal grade reduction under the direct supervision of the arborist. Fencing can be adjusted to conform building footprint. ding lot on the north has many roots that would be affected by building. Some of these roots are very large, even at a distance of 8-10 feet from the tree. The effects of building on this lot would be extreme; it is higbly probable that the tree would die or fail in high winds. Rx: Building on this lot is not compatible with preserving the tree. • All trees in the grove will need to be safety pruned to remove dead wood and weak branches. The crown should be lifted for clearance, but not beyond, and crown thinning is not recommended. The arborist should be contacted prior to pruning to discuss the pruning specifications with the tree service contractor. Maple tree. The maple tree near the church parldng lot is leaning over the proposed building site. The lean appears to be self corrected (the upper crown is correcting to vertical). Two large roots in close proximity are important for the tree's vitality, they should be preserved by bridging the foundation over them. Additional soil disturbance should be avoided to ensure that the tree's stability is not jeopardized. The tree is not a good specimen, and should be monitored annually for safety and condition. Porches vs. decks. We discussed the proposed slab porches, which would extend further into the tree root zones and impact the trees. Rx: No slab porches should be built within the tree protection areas. Decks are a suitable substitute that would reduce impacts to the trees. Foundations for deck piers should be hand excavated, and if large roots are found, they should be bridged or the pier moved. The project arborist or his alternate must be on site during work within the tree protection areas. Thus far, Buena VZOa has done a good Job in ensuring coor n of building and tree promcooa. 1 ~r O ° o a ,r7 I L I 5 SB1.4q g_E p ~a ` 28o' N - ~~4499YU m • $ ~ Is.-0..~ O TO • e [i ~ ° O T i EPIE. 5 i 1 `0 a a • O o gar ' z e 94°4~ o 459 SF A ~'t a r ~•Bt63t a c ° ~C D \ Y GARAGE •G a `1^^`}}' ~ s r ~ ° nQ ° a SILT 6TOWlM d PENCE SANITARY EA6EJ•MN'T ° 4 e f IV) 40 PFD VIDE TRH 9°ROTECTIO ~1 FtTGIN a - - - - - - - - - - - - - - - - - A18P.JND ALL TREES TO BE SAVED. INSTALL MR fY ISET 1 OP CIVIL DRD.lSJIN56 (TREE E-4 ~ PREOERVATIOM AND LANDSCAPE PLAN) 1 - WL1bT ~ s I'JITISATION TR66 - DOJ3L49 PIK ~ W f 3' TO 4'o IMEASURED AT SASE: LEDEND • Fv;a ED STREET TFEE TOTAL 34. TOTAL NICWES • 5' x 94 187' AKEMOHO FLOUJERP.Wo CHERRY I2 PER LOT) . WATER LATERAL ~ W ~ , I ^ ~ 1J =MITIGATION TREE - 4' TO S' Aid9pRYIT.aE . 9ANITARr i SEWER LATERAL - F..~ Al 29' ac. DIAM. • 2' TO 3' I*IEASURED AT SATsEJ 0 . B:LT FENCE Q • EXISIMS TREE TO ESE SAVED TOTAL • 238- TOTAL :~.HES • 2' x M • 416' O -D- * TREE PPdOTECTIONT" c`