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VAR2004-00038 • • EXHIBIT NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2004.00038 CITY OF TIOARD MASTERPIECE FRONT YARD SETBACK ADJUSTMENT Community(Development Sha ingABetterCommunity 120 DAYS = 8/18/2004 SECTION I. APPLICATION SUMMARY FILE NAME: MASTERPIECE FRONT YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2004-00038 PROPOSAL: The applicant has requested an adjustment to the front yard setback to reduce the setback from 15 feet to 12 feet to accommodate construction of a new single-family residence. APPLICANT/ OWNER: Masterpiece Construction, Inc. 14225 SW 128th Place Tigard, OR 97224 LOCATION: 14560 SW 120th Place; WCTM 2S11013C, Tax Lot 9700. COMPREHENSIVE PLAN DESIGNATION: R-7, Medium Density Residential. ZONING DESIGNATION: R-7: Medium Density Residential District. 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 5000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivision 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. VAR2004-00038 MASTERPIECE 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 Wall Minor Land Partition (MLP2003-00001). 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 front yard setback by three (3) feet to construct a 2,855 square foot single family residence. The site is Parcel 1 of a three lot minor land partition previously approved under file MLP2003-00001. The only portion of the proposed home that will be within 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 a larger separation from neighboring properties which is important for in-fill sites like the subject property. 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 covered porch within the required front setback. According to the applicant the requested adjustment is to provide a larger back yard and maintain the aesthetic quality of the home. The required front yard setback is 15 feet. A 3.75 foot reduction of this setback may be allowed provided the following criteria are addressed. The request is for a reduction of three feet; this reduction falls within the allowed limits. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: VAR2004-00038 MASTERPIECE SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION A demonstration that the Adjustment requested is the least required to achieve the desired affect; . The adjustment is being requested to allow for placement of the proposed porch: This is the minimum relief needed to allow placement of the desired house plan. The reduction is less than the 25%. The Adjustment will result in the preservation of trees, if trees are present in the development area; According to the file MLP2003-00001 there is only one existing tree on the site, a 30 inch English Walnut. Because it is located in the far Northwest corner of the rear yard, the projection into the front setback will have no impact on the tree. 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. The desired effect is to maximize the size of the rear yard. There is no other reasonable alternative to reach the desired effect. 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 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 MAY 12, 2004 AND BECOMES EFFECTIVE ON MAY13, 2004 . Questions: 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. (21 k lam. C~4 May 12, 2004 TPPROVED BY: ery alnes DATE Planning Technician VAR2004-00038 MASTERPIECE SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION CITY of TIGARD IKt SW CHANDLER DRIVE N ~I GEOGRAPHIC INFORMATION SYSTEM l VICINITY r" DUCHILLY CT VAR2004-00038 MCFARLAND BLVD MASTERPIECE SETBACK ~v ADJUSTMENT COR US---T OOD SITE j ; O'nS FER.. UJI n , a (V \eUL1 Rfi71(j. QZ EON TAI? BULL MOUNTAIN RD FSEW ~ RG L Tigard Area Map WINTERVIEW DR ~W ELEMAR CT A ~ N 0 ~N 'O 0 100 200 300 400 Feet mZ THOS OOD DR IEWC r=312 feet O City of Tigard a DR Q' Information an this map is for ' general location only and should be verified with the Development Services Division. 13125 SW Flail Blvd Tigard, OR 97223 (503) 6394171 httpJ wwv.d.tigard.or.us community Development Plot date: May 12, 2004; C:\magic\MAGIC03.APR AFFIDAVIT OF MAILING CITY OFTIGARD Community rDeuclopmcnt Shapingfl (Better Com tit unity I, Patricia L. Gu being first duly sworn/affirm, on oath depose and say that I am a Seniorininutrative Specktrut for the City of 7igar ashington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) NOTICE OF DECISION FOR: VAR2004-00038/MASTERPIECE SETBACK ADJUSTMENT O 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 MOV12,2004, and deposited in the United States Mail on MOV12,2004, postage prepaid. i (Person th t P ar otice) 94ATZ Of 04SEGON County of JJi>rtgton SS. City o.T,14ar jl-~ Subscribed and sworn/affirmed before me on theQ_ day of '2004. OFFICIAL SEAL W SUE ROSS NOTARY PUBLIC-OREGON COMMISSION NO. 375152 MY COMMISSION EXPIRES DEC. 1, 2007 CAV, NOTARY "W~IC Of OREGON MV Com iss n Expires: «J1-01 ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297 GENERAL INFORMATION Cc' Property Addres Location(s): L S L(_/ 0 T \cL la i(. FOR STAFF USE ONLY Tax Map & Tax Lot #(s): 3 6!q~A r~ Site Size: Case No.: \ ]Pr R a0011 - 00 0 3 8 Applicant*: T Z CkYO( C~tc G(% L.-S' T- i C- - Other Case No.(s): $A S"r.2oor) -oo t i 9 Address: 1 ~Z C 4.Z 12c ~ ,~l 2zc~ Receipt No.: City/State: Zip: oZ o o Primary Contact: f l l2 IC--/ Application Accepted By: C ~ Phone: 5 u3-'~ S 0- S S `Y a Fax: 63-S-Y-Y37/ Date: o - o ~ Property Owner/Deed Holder(s)*: (Attach list if more than one) (K & !2 12 10L Cn, t-- C/-- Date Determi ed To Be omplete: Address: C 1A Phone: *-;20-0 - Comp Zip: Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant Kea Den Res 4R-7 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 Adjustme - Front Ya Interior Setbacks and Lot Coverage >Special Adjustments: ✓ Application Elements Submitted: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density E F Application Form ♦ Landscaping Adjustments - Existing/NewStreetTrees 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 le • Washington Square Reg. Center Density Adjustments ❑v' Site/Plot Plan (reduced 8t/i'x 11") Please state the reason for the Adjustment request: [r Applicant's Statement (Addressing Criteria Under Section 18.370.020) 7 ~Fjling Fee C VU ISV454-k-'~ v Le T &a Jurisdiction: 26city ❑ Urb 3 A`T cp- Po ~C- tv tw I ST (2 p-k 15- . Q'C~'~ g 2c~> IC UL l r tm Vk 1t w- ~1 1A- ly A r,- LE o91 rh 0 ~ Le P2 0 ~ P l G For- I 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 subiiect 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. ll a DATED this ZV day of rtzc 20 6 cc-u, Q::~n Q,&~ 0 Applicant/Authorized Agent Signa a Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD 4/20/2004 13125 SW Hall Blvd. 2:42:39PM Tigard, Oregon 97223 2i (503) 639-4171 Receipt 27200400000000001627 Date: 04/20/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2004-00038 [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~ Cash MASTERPIECE CONSTRUCTION CAC In Person 220.00 Change CITY OF TIGARD CAC In Person (10.00) Payment Total: $210.00 • Page 1 of 1 cReceiptapt C~ t r T fj i9 C. VV- OJT t-tj C- re 1 5T ST ITIA- Li b~ DA :1: bo= -~"s b.g SE o J 6'~~ ~ 88.14' N 86'35 3o6~.E _-•-t-'- ~ PARCEL 6,202 S.F. 1 ~ ~,eC ii the I t ~ wt ~ r o r i t~ M" FLOOR ~ F~. +mtrs i a~ o i i t o! t i i ~ ~ tl t 4 FF. • imA~' ~ ~ 73, U I A: i -ALA C 0 ~C 0 a A~ 'y' ® S r2b p 0.1 1q_. A.SETTLEMENT STATEMENT U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OMB No. 2502-0265 Escrow Number. 65ee 11486 ET B. F LOAN 1. ❑ FHA 2.0 FmHA 3. ❑ CONV.UNINS. 6. File Number: 7. Loan Number: B. Mortgage Insurance Case Number: 4. ❑VA 5.0 CONV.INS. 260608 C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement event are shown. Items marked "(p.o.c)^ were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D.NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SET-TM/TAX I.D.No.: F. NAME AND ADDRESS OF LENDER: Masterpiece Construction, Inc George Wall Allan Danforth, President 14225 SW 128th Place 1620 SW Bull Mountain Road Portland, OR 97224 Tigard, OR 97224 G.PROPERTY LOCATION: H.SETTLEMENT AGENT: Parcels 1,2 &3, PP 2003-41 CHICAGO TITLE INSURANCE COMPANY OF OREGON Washington County, Oregon 633 PLACE OF SETTLEMENT: I.SETTLEMENT DATE: 9900 SW Greenburg Road #180 Portland, OR 97223 J. S[MVIARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSAC rION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS A14DLR T DUE M SELLER: 101. Contract Sales Price 280 000.00 401. Contract Sales Price 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 421.75 403- 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE 420. GROSS AMOUNT DUE FROM BORROWER 280 421.75 TO SELLER 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Danforth Funds to Close 50 000.00 504. Payoff of first mortgageloan 205. Rec'vd Parcel 1 - Proceeds 62 320.70 505. Payoff of second mortgageloan 206. Rec'vd Parcel 2 - Proceeds 62 320.70 506. 207. Rec'vd Parcel 3 - Proceeds 83 761.50 507• 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes to 510. City/town taxes to 211• County taxes 07/01/03 t007/30/03 158.79 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TEL PAID BY FOR 520. TOTAL REDUCTICN AN T BORROWER 258 561.69 DUE SELLER 300. CASH AT SEZTLIIMERT FRRCM/TO BORROWEEt 600. CASH AT SETTLEMEW TO FROM SM-TER 301. Gross amount due from borrower (line 120) 280,421.75 601. Gross amount due to seller (line 420) 302. Lessamounts paid by/for borrower (line 220) 258,561.69 602. LessreductionBinamount due seller (line 520) 303. CASH (W FROM) (O TO) BORROWER 21,860.06. 603. CASH (0 TO) FROM) SELLER Previous edition is obsolete. HUD-1 (8-87) RESPA, HB 4305.2 AFTER RECORDING RETURN TO: Masterpiece Construction, Inc Until a change is requested all tax statements shall be sent to the following address: Escrow No: 6500-11486-LT Order No: 260608 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) GEORGE WALL Grantor, conveys and warrants to MASTERPIECE CONSTRUCITON, INC., an Oregon corporation Grantee, the following described real property free of encumbrances except as specifically set forth herein: Parcels 1, 2 and 3, PARTITION PLAT 2003-41 and an equal and undivided interest in and to Tract "A", Partition Plat 2002-68, all in the City of Tigard, County of Washington and State of Oregon. 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 title 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. ENCUMBRANCES: 1. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. (Continued) The true consideration for this conveyance is $280,000.00 Dated if a corporate grantor, it has caused its name to be signed by order of its board of directors. George Wall STATE OF OREGON, County of )ss. This instrument was acknowledged before me on , by This instrument was acknowledged before me on by as of Notary Public for Oregon my commission expires: Encumbrances, continued • 2. An easement created by instrument, including terms and provisions thereof.; Dated: November 20, 2001 Recorded: November 21, 2001 Recorder's Fee No.: 2001-120571 In Favor Of: Adjacent property owners on the west For: Use of private street for ingress and egress Affects: The Southwest corner of Tract "A" The above document was re-recorded by instrument, Recorded: December 21, 2001 Recorder's Fee No.: 2001-133734 Said easement is also delineated upon the recorded partition plat. 3. Easements as dedicated or delineated on the recorded Partition Plat No. 2002-68. For: Public and private storm drainage facilities, public sidewalk, sanitary sewers, water and other public and private regulated utilities Affects: 8 feet along parcel lines abutting Tract "A" 4. Easements as dedicated or delineated on the recorded Partition Plat. For: 20 foot wide public sanitary sewer and private storm drainage Affects: A portion of Tract "A", a 1 foot strip along a portion of the East line of Parcel 3 and the West 2 feet of Parcels 1 and 2 5. Covenants, conditions and restrictions as shown on the recorded plat. 6. Restrictive Covenants regarding street improvements, including the terms and provisions thereof and including among other things a waiver of right of remonstrance; Recorded: September 20, 2002 Recorder's Fee No.: 2002-109977 7. 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: September 20, 2002 Recorder's Fee No.: 2002-109978 Said covenants, conditions and restrictions contain among other things provisions for levies and assessments of the Homeowners Association. 8. Declaration and Maintenance Agreement for On-Site Storm Water Facilities, including the terms and provisions thereof; Recorded: March 17, 2003 Recorder's Fee No.: 2003-039315