VAR2004-00062
EXHIBIT A
NOTICE OF TYPE I DECISION
VARIANCE (VAR) 2004.00062
CITY OF TIOARD
RIDGECREST SIDE YARD SETBACK ADJUSTMENT Community (Development
ShapingA Better Communi
120 DAYS = 10/22/2004
SECTION I. APPLICATION SUMMARY
FILE NAME: RIDGECREST SIDE YARD SETBACK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2004-00062
PROPOSAL: The applicant has requested approval for an Adjustment to the side yard
setback to reduce the setback from five feet to four feet to accommodate
construction on lot #5 of the Hillshire Crest Subdivision (SUB2002-00003).
APPLICANT/
OWNER: Ridgecrest Construction Co.
6600 SW 92nd Ave. Suite 210
Portland, OR 97223
LOCATION: 12990 SW Oxalis Terrace; WCTM 2S1046C, Tax Lot 8300.
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 VAR2004-00062- RIDGECREST SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3
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 five of the Hillshire Crest 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
five feet to four 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, their client needs an additional foot on the south side of the
proposed home to accommodate a switch back ramp for handicap access to and from the
rear yard of the home. Therefore, a one foot reduction to the required five foot side yard
setback on the north side of the property is the least required to achieve the desired effect.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees associated with this request. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site.
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 allow a handicap accessible ramp on the south side of the proposed
home. Therefore, the requested adjustment is the least needed to achieve the desired effect.
FINDING: Based on the analysis above, Staff finds that the development adjustment
criteria are satisfied.
NOTICE OF TYPE I DECISION VAR2004-00062- RIDGECREST SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
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 JULY 7, 2004
AND BECOMES EFFECTIVE ON JULY 8, 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.
July 7, 2004
1 U-1
PREPAR
7f: hew S ~efdegger DATE
Associate Planner
NOTICE OF TYPE I DECISION VAR2004-00062- RIDGECREST SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
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13125 SW Flail Blvd
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(503) 6398171
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SITE PLAN
SCALE: I"=20'
LOT 5
S.W. OXALIS TERRACE
CITY OF TIGARD, OREGON
HILLSHIRE CREST
9, 350 SF
2S10413C-08300 EXHIBIT
RIDGECREST CONSTRUCTION CO INC
6600 SW 92ND AVE #210
PORTLAND, OR 97223
V 1 0 0 2, k
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Deveflpment
S(raping,4 Better Community
1, Patricia L Lu Q being first duly sworn/affirm, on oath depose and say that I am a Senior,ldminiwative Speciafst for
the City of ??gar Wasfiington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑x NOTICE OF DECISION FOR: VAR2004-00062/RIDGECREST 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 EKbibit"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 EKhibit'B", and by reference made a part
hereof, on 1UIV7, 2004, and deposited in the United States Mail on 11910,200 4, postage prepaid.
C
~~2A_
(Person at Pared otic
M2tE Of OUgOW
Cam' OJ IW
Subscribed and sworn/affirmed before me on the day of , 2004.
OFFICIAL SEAL Cal _'d'G/D
SUE ROSS
NOTARY PUBLIC OREGON ll
MY COM NO. MISS ONIIXP~RES D C 11 2007 Mil C fission Expires: d~
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): / SOU
FOR STAFF USE ONLY
Tax Map & Tax of #(s):
AC 9-3,00
Case No.:
Site Size: 93sr S /
Applicant*: S Other Case No.(s):
Address: Receipt No.:
City/State: WO 4 't zv_", ZIP'
Primary Contact: i e Application Accepted y:
Phone: Fax: 4 -3&U fi
Date: 6
Property Owner/Deed Holder(s)*: (Att ch list if more than one)
Date Determined To Be Complete:
Address: 4 14! Phone:
~l D
City/State: Zip:
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. 2/28/2003 is\curpln\masters\revised\adjustment•l.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
>SSpecial Adiustments: ✓ 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
4. 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 ❑ Site/Plot Plan (6 copies)
♦ Washington Square Reg. Center Density Adjustments ❑ Site/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)
❑ Filing Fee J~ 2 / O Q2
Jurisdiction: ❑ City ❑ Urb
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 20A~lv
Applicant/Authorized Agent Signature Owners ur
Owner's Signature Owner's Signature
2
CITY OF TIGARD 6/29/2004
13125 SW Hall Blvd. 12:29:00W
Tigard, Oregon 97223
20 (503) 639-4171 -
Receipt 27200400000000002816
Date: 06/29/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00062 [LANDUS] ADJUSTMENT 100-0000-438000 210.00
Line Item Total: $210.00
Payments:
Method Payer User ED Acct./Check Approval No. How Received Amount P~
Check RIDGECREST CONSTRUCTION KJP 4309 In Person 210.00
CO INC
Payment Total: $210.00
- B S e c u r i f e n h a n c e d d o c u m e n f. See hack o r d c f a i l s. B
r - RIDGECREST CONSTRUCTION CO., INC. 4309
W. -
- r. 6600 S.W. 92ND AVE., STE. 210
PORTLAND, OR 97223 24-201/1230
DATE !!r=--;E' I - Ol-e 98
PAY
TO THE 17
ORDER OF •
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DOLLARS 8~
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KeyBank National Association
King City, Oregon 87224
z raoo•~Y1tiou'
o FOR
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Page 1 of 1 cReceipt.rpt
06/18/04 11:25 PACIFIC NW TITLE 4 5032463682 N0.697 902
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PACIFIC NORTHWEST TITLE
Tw-COUNTY
ma SW wes MgW SQ Rd
su0e no
TWA . 97226
-.00000 1>fk: (50,7) 671.0505 rw (Sp9) W1-05r6(509) S54
60,72
AMC NOATSWM T1ri.E
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PREL MINARY SUBDIVISION GUARANTEE
110 SUPPLEMENTAL REPORT
Order No.: 01200521-W
Premium: $200 00
PROPOSED PLAT
"Hlllsh9re Cues!"
Paeft Northwest TfNe Guarantees:
Date: March 4, 2004
The Oregon Real Estate Commissioner, and any County or City within which self subdivision or proposed
subdivision is located.
That according to the public records which impart constructive notice of matters affecting title to the premises
hereinafter referred to, we find;
That the IM Deed of record runs tD:
RIDGECREST CONSTRUCTION COMPANY, INC.. an Oregon corporation
We also find the following apparent encumbrances, which Includes'elanket Encumbrances' as defined by ORS
92.305(1), and also easements, restrictive covenants and right of way prior to February 28.2004. the effective
date harm*
1 The herein described premises are within the boundaries of and subject to the statutory powers, including the
power of assessment, of the Unified Sewerage Agency.
2. Easement Including the tome and provisions thereof;
For Pipellne
Granted to Northwest Natural Oas Company
Recorded November 20, 1073
Book 963
Page 713
(Affects the a 5 foot sblp along a Northery portion of the property described herein, as wag as other property,
J refer to d=ment for pawcutars)
I
Pacific Northwest Title Insurance Company
PAGE 1 of 12mik"In" Subdkbbn Guontee No 01200521-W
1
bb/IU/04 11:25 PACIFIC NW TITLE 4 5032463682 N0.697 963
' c
PRELIMINARY tsumisiON GUARANTEE (CONTINUED)
3. Trust OEed, including the terms and provisions thereof to secure the amount noted below and oftr amounts
secured thereunder, if any:
Grantor Rldgecresl Construction Company, Inc.. an Oregon corporative I
Trustee Padhlc Northwest Title
Beneficiary Community Financial Corporation, an Oregon corporetlon
Dated July 18, 2003
Recorded August 6, 2003
Fee No. 2003.130076
Amount $1,330,000.00
Loan No. 30019761
4. Agreement Io Grant Easement. Including the terms and provisions thereof
For Access and water line over future Track A
senems Property adjacent West
Recorded August 19, 2003 ,
Fee No. 2003.138361
NOTE: This agreement and the easement granted therein affects what will be Tract A.'9'ilgshire Crest, when
plat records. At present I affects the Northwesterly portion of the properly described herein.
5. Easement, tnctuding the terms and provisions thereof.
For Pipeline
Granted to Northwest Natural Oas Company
Recorded February 23, 2004
Fee No. 2004-016810
(Affects the a 15 foot strip along a Northerly portion of the property described herein, as well as curer
property; refer to document for particulars)
NOTE: Tom paid In full for 2003-2004:
Levied Amount $ 6,367.38
Account No. 8481295
Levy Lode 051.85
Map & Tax Lot No 281048C-02000
(Affects a portion of lots 21 and 22)
NOTE_ Taxes paid in full for 2003-2004.
Levied Amount $ 1,071.20
Account No. R461259
Levy Code 051.78
Map & Tax Lot No, 26110413C-02400
(Affects a portion of Lot 23)
We have also searched our General Index for Judgments and State and Federal Liens against the grantees
names in the Wst deed of record above and find:
NONE
REQUiRE111EIM:
Any conveyance or encumbrance by RIDGECREST CONSTRUCTION COMPANY, INC., an Oregon
corporation, should be executed In conformance to the By-laws of said corporation.
NOTE: The Corporation Division of the State of Oregon advises us that RIDGECREST CONSTRUCTION
COMPANY, INC. is an active Oregon Corporation, Whose Pteeldent and Secretary 1s Karl R Houses.
l Pecif is Nort2lweat TWe Imumvice Company
PAGE 2 cf f4eM*wy Sub*Wm Guarmtw No 012WS21-W
06/18/04 11:25 PACIFIC NW TITLE 4 5032463682 N0.697 MM
•
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PR VARY SUBDMSION GUARANTEE (CONTINUED)
The premises are In the County of Washington and are described as fobs:
See Sxhlbit A allaMwd hereto and made a part hereof
THIS IS NOT A REPORT Issued preliminary to the Issuance of a Tide Insurance Policy. Our search is limited to
the time specified in this Guarantee and the use hereof Is intended as an Infbrmatlonal report only, to be used in
conjunction write the development of Reel Prop". Liability hereunder Is limited to an aggregate sum of not to
exceed $1.01M. M.
PACIFIC NORTHWEST TfTLE OF OREGON, INC.
BY_
Kevin J. Kimball
Tile Examiner
Telephone No.: (503) 671.ON5, Ext. 2094
Fax No. (603) 846-2009
E-mail kevink&nwtoccom
K.IKI~k
ac: land Tech Inc.
Attn. Richard Clark (via e-mail)
cc: Pacific Northwest Tulle of Oregon, Inc,
Attn: Sherri Marsden (via e-maiD
Attn: Kano Frahm/Ttacy Lynch (vie a-mail)
cc: Washington County Surveyors Office
Attn: Maloolm Clark (via e-mail)
Peeifk Northwest Title Insurance Company
PAGE 3 of Pralmimm Wwwlsioa Guuudee No m2oos2 t-w
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TO: CITY OF TIGARD
FROM: RIDGECREST CONSTRUCTION COMPANY
RE: ADJUSTMENT -TYPE 1 APPLICATION
We are requesting an adjustment to take 19 lineal feet of the left side of the home IV'
into the 5' side yard setback. The portion of house going into the set back will be
cantilevered and the foundation will not be in the setback. We will clip the eave back so
it will be at the allowable distance into the setback and not encroach the additional foot.
This is a custom home to be built for a couple and the husband has Parkinson's disease
and the home is being designed to meet his needs. Because of the slope in the rear yard
and our desire to provide him easier access to the back yard, we need to ramp off the
deck on the right side of the house in a "switchback" manner as to eliminate any steps.
Because of the grades, we cannot take the deck into the right side set back so we need as
much room as we can get on the right side as to accommodate the "switchback" ramping.
Being able to take the small portion of the left side into the setback will allow this to be
accommodated.
Please call if you have any questions.
Thank you,
Mike Church
6600 S.W. 92ND Avenue, Suite 210, Portland Oregon 97223
Office: 503-246-8808 Fax: 503-246-3682 Cell: 503-209-2592
mikec ,ridgecresthms.com / www.ridgecresthms.com
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