VAR2004-00078
9
0 EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2004.00078
CITY OF TIGARD
BEACON HOMES SETBACK ADJUSTMENT Communiq Development
Sha A Better Community
120 DAYS = 2/23/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: BEACON HOMES SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2004-00078
PROPOSAL: The applicant has requested an adjustment to the side yard setback to
reduce the setback from 10 feet to 8.5 feet to accommodate construction of
a new single-family residence.
APPLICANT/
OWNER: Beacon Homes NW
12703 SW 671h
Tigard, OR 97224
LOCATION: 10276 SW 90th Avenue; WCTM 1S135AA, Tax Lot 07500.
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5, Medium 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.
VAR2004-00078 BEACON HOMES 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
Fineview Farm Minor Land Partition (MLP2003-00012).
2. Prior to issuance of any building permits, the applicant must attain approval for the
residence from the Tigard Building Division.
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 10-foot side yard setback by one foot six inches to construct a 2680 square foot
single family residence. The site is Parcel 1 of a two lot minor land partition previously
approved under file MLP2003-00012. The only portion of the proposed home that will be
within the 10-foot setback is a small alcove. The main portion of the residence will meet the
underlying setback requirement. The parcel is an in-fill site located next to a wetland. The
wetland was placed within a tract during the partition process. Due to the restrictive nature of
the surrounding area, the parcels created have irregular shapes.
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 side yard setback to allow the placement
of an alcove within the required side setback. This request is being made due to the
constraining shape of the lots. The required side yard setback for a flag lot is 10 feet. A two
foot reduction of this setback may be allowed provided the following criteria are addressed.
The request is for a reduction of one foot six inches; this reduction falls within the allowed
limits.
VAR2004-00078 BEACON HOMES SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
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 being requested is one foot six inches. This is the minimum relief needed to
allow placement of the desired house plan. The reduction is less than the 20%.
The Adjustment will result in the preservation of trees, if trees are present in the
.development area;
According to the file MLP2003-00012 there are three existing trees on the site. Each are
located in the northeast corner of the site, the projection into the southeastern side setback
will have no impact on the trees.
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 allow the desired house plan which includes a small alcove. Due to
the irregular shape of the lot, there is no 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:
once 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 OCTOBER 28, 2004
AND BECOMES EFFECTIVE ON OCTOBER 29, 2004 .
Questions:
you owe any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Half Boulevard, Tigard, Oregon at (503) 639-4171.
,c . ea4l r ✓ October 28, 2004
TPPROVELYBY: Cheryl Caines
Planning Technician
VAR2004-00078 BEACON HOMES SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
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13125 SW Hail Blvd
Tigard, OR 97223
(503) 639-4171
http:/AiNn+.ci.tigerd.or.us
Community Development Plot date: Oct 28, 2004; C:\magic\MAGIC03.APR
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S.W. 90TH
10276 SW 90th TIGARD
OU 2 6 209 HOME PLAN: W
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THE OAK
_ 78.53' MAIN FLOOR 1205 SQ. FT.
Ff to
~911 - - SECOND FLOOR 1479 SQ. FT.
LIVABLE 2684 SQ. FT.
^y GARAGE 531 5Q. FT. z
PORCH 120 SQ. FT. _
TOTAL UNDER ROOF 3335 SQ. FT. N
BUILDING SETBACKS:
LOW POINT
E
t91 ~~itR~ DRAIN STREET SIDE OF HOUSE: 15'-0"
"oPi E' FRONT OF GARAGE: 20'-0'
S<apF~q} ; ' e5 FM. FUR. 19 REAR OF HOUSE: 15'-0„
INTERIOR SIDE OF HOUSE: 10'-0"
BUILDING COVERAGE:
FOOTPRINT: 1740 S.F.
3=ABS_ 0 LOT COVERAGE: 15%
` - ~ pry.
/ LEGEND:
+/1 PROPERTY LINE •
/ PROPERTY PIN .
EROSION CONTROL -r.r-r--.a-r-
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SITE PLAN BEACON
SCALE: 1 ° = 20' HOMES W
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
SlrwpiYUJI Better Community
I, Tatr=* ' f- Gu d being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpecia&tfor
the City of 9tga ashington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑ NOTICE OF DECISION FOR: VAR2004-00018/BEACON HOMES 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 October 28, 2004, and deposited in the United States Mail on October 28,20K postage prepaid.
y rQ2 lj-76_~
(Person a Pre re e)
SZ122E OT OUGON
C*y o 4 gard a SS.
Subscribed and sworn/affirmed before me on the day of 2004.
OFFICIAL SEAL
SUE ROSS
- NOTARY PUBLIC-OREGON
COMMISSION NO. 375152
MY COMMISSION EXPIRES DEC. 1, 2007
MY ission 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): IQ?-76 Soo,, C)CO Tlc l\Q )
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): TAa(GI 1 . PA TIT104 t SAT p
Dq 3L 15135Aq- 5oU
Site Size: Case No.:
Applicant*: Other Case No.(s): M-5 -1,~ Oo 14 - 00a-l
Address: 112101, 50 t" Receipt No.: c ;Lc':- o 90 441 O 3
City/State: , MGRI Zip: ,1 2
Primary Contact: -.►ti~_Da- Application Accepted By: C • Ccuu~Lz~
Phone: - 5-7n - S 9~? % X I I CAS Fax: i;n -570 - ;3569 Date: 1 5 - C)4
Property caner/De~jd~ Holder s)*• (Attach list if more than one)
It" C90- M C W Date Determined To Be Complete:
r1O
Address: 12191 W -7Phone: S03-570- 2d p _aco -V 'T
City/State: Zip: 97223
Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the applicant Low Dt }'Ze.s r R q
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. 8/26/04 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 REQUIRED SUBMITTAL ELEMENTS
Community Development Code (please circle one only):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage
>Soecial Adiustments: Application Elements Submitted:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density Application Form
♦ Landscaping Adjustments- Existing/New Street Trees 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 2 Site/Plot Plan (2 copies)
♦ Wireless Communication Facility Adjustments - Distance From Another Tower
♦ Washington Square Reg. Center Density Adjustments 2 Site/Plot Plan (reduced 81/2"x 11 Please state the reason for the Adjustment request: 0 Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
c71DE ~AQD SET(3ACK VAQ.I11NCC 12'12 Filing Fee
mvj Sim To & b", 5C Sim To le -7.5 Jurisdiction: ❑ City ❑ Urb
•
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 T4 day of 6CT0g2 '20 O t- _
Applicant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
3
CITY OF TIGA" 10/5/2004
13125 SW Hall Blvd. 2:21:45PM .
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000004403
Date: 10/05/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2004-00078 [LANDUS] Development Adjust 100-0000-438000 217.00
Line Item Total: $217.00
Payments:
Method Payer User ED Acct/Check Approval No. How Received Amount Pi~
Check BEACON HOMES NW CAC 970 In Person 217.00
Payment Total: $217.00
BEACON HOMES NORTHWEST, INC. v STERLINGSAVING'S BANK" 970.
4728 NE SANDY BLVD
P.O. BOX 407 PORTLAND, OR 97213 `
WILSONVILLE, OR 97070 (503) 287-2078
28=7174/3251. J0 5~
PAYTOTHE City Of' Tigard, r p $1
ORDER OF
OLLARS.
T'~
R
VOID AFTER a MONTHS
4 '
T
MEMO
Page 1 of 1 cReceipt.rpt
y~ wasnln~on county, 01.00 2004-103431
4 o9=cw o3:39:32 PIN
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After recording return to:
Beacon Homes NW, Inc.
PO Box 407
Wilsonville, OR 97070
Until a change Is requested all tax statements
shall be sent to the following address:
Beacon Homes NW, Inc
PO Box 407
Wilsonville, OR 97070 WASHINGTON COUNTY
L ~ooEOFmr TRf Wa
File No.; 7034-38S738 (GJM) $ FEE PAID DAB
Date: August 19, 2004
STATUTORY WARRANTY DEED
! Padfic crest partners, Inc... an Oregon corporation and Fineview Farms, LLC., an Oregon
limited liability company;, Grantor, conveys and warrants to Beacon Homes NW, Inc., a Oregon
kjo Corporation, Grantee, the following described real property free of liens and encumbrances, except as
specifically set forth herein:
See Legal Description attached hereto as Exhibit A and by this reference incorporated herein.
~ This property is free from liens and encumbrances, D(CEPT:
d 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.
d
}U-• THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
Q 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•
The true consideration for this conveyance Is $405,000.00. (Here m`mpy whh requimrnents of oks 93.o3o)
Dated this 2L day of v. , 207 .
Page 1 of 4
Ilfil~llllllllllfllllllll~ .
SMbftory Warranty Deed fate No.: 7034385738 (GYM)
APN: RV0904 continued Oahe: 08/2912M
Pacific Crest Partners, Inc., an Oregon Firieview Farm LIC, a.Limited Liability
Corporation Company
Daniel J. Bo n, member
By: Daniel J. den, President By.
u ie Bo den; Secretary y: le Boy en, member
y;
i
Page 2 of .4
xeea-teaas~ ~
• stawwry Warranty Deed He Na: 7034-385735 ( 314)
APN:8270904 -candnued DaW 08/19/2004
STATE OF Oregon )
)ss•
County of Washington )
This instrument was admowiedged before me on this - day of of
thCo S on.2 and Julie
by Daniel J. Boyden as President of Pacific Crest Partners, Inc,, on behalf R~
Boyden, Secretary of Pacific Crest Partae Inc on b half of the Corporation.
OFFIC A S1:AL
B.-.c HA OREGON
NOTARY PUBU Notary Public for Oregon
0 OphMI5SI0NID~iR APR's. 22~a My commission e~ires: L l '7 20 0
C
STATE OF OREGON )
COUNTY OF Washington )
This instrumeat was acknowledged before me on this nay of vs-i, 2004
by Daniel J. Boyden, member and Julie Boyden, member of the Fineview arm LLC, a
Limited Liability Company.
A06Z
i
i Notary Public for Oregon
ofnCIALSEAL My Commission expires:
B. SCHAWCH
NOTARY PUBUCOREGON
COMMISSION NO. 379498
My COMMISSION DPIRES APR. 8.2008
I
Page 3 or 4
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• 2006-109431
APN: RV0904 smtuwry Warranty Deed File No.: 7034-385798 (G3H)
con5nued Dais: 08/19/2004
EXFRBIT A
LEGAL DESCRIPTION:
PARCEL I:
Parcels 1 and 2, PARTITION PLAT NO. 2004-042, In the City of Tigard, County of Washington and State
of Oregon,
PARCEL,II:
P( a~i, 2 and Tract A, PARTTION PLAT NO. 20D4-043, in the City of Tigard, County of Washington
and State of Oregon. 1
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CONSENT MINUTES IN LIEU OF ORGANIZATIONAL
MEETING OF THE BOARD OF DIRECTORS OF
00
BEACON HOMES NORTHWEST, INC..
G
WHEREAS, Oregon law provides that any action required or permitted to be taken by the
Board of Directors of an Oregon corporation at a meeting of such Directors may be taken without
such a meeting provided that all of the Directors of the corporation consent in writing to such action;
and
WHEREAS, the undersigned constitute all of the Directors of Beacon Homes Northwest,
Inc., an Oregon corporation and they desire to take the action hereinafter set forth without a duly
called organizational meeting of the Directors;
NOW, THEREFORE, the undersigned hereby adopt the following resolutions which shall
have the same force and effect as if adopted at a duly called organizational meeting of the directors.
RESOLVED: That the By-Laws submitted are hereby adopted and
shall be incorporated into the minute book of the corporation.
RESOLVED FURTHER: The following individuals are elected to
serve in the offices set opposite their respective names to serve until
the next annual meeting or until their successors shall have been duly
elected and qualified:
Peter A. Kusyk President
Kurt H. Dalbey Chairman of the Board
Secretary/Treasurer
Karin Atkins Vice President/Finance
RESOLVED FURTHER: That the form of stock certificate
presented to this meeting is approved and adopted for the common
stock of this corporation, and the secretary is instructed to affix a
specimen thereof to the By-Laws in the minute book.
RESOLVED FURTHER: That the secretary of this corporation is
authorized and directed to procure and prepare proper corporate
books and records for maintaining the records and books of the
financial and corporate affairs of the corporation and those necessary
for the performance of the secretary's duties and the duties of the
treasurer as set forth in the By-Laws.
Page 1 - Consent Minutes in Lieu of Organizational Meeting of Board of Directors
CAMyFi1es\6501\0RG-MIN.BD
RESOLVED FURTHER: That the President of this corporation is
authorized to retain Lawrence Evans of Grenley, Rotenberg, Evans &
Bragg, P.C., of Portland, Oregon, or any other reputable law firm or
attorney, as legal counsel to this corporation, to perform legal services
to the extent agreed upon between the President and said firm or
attorney.
RESOLVED FURTHER: That the President of this corporation is
authorized to retain James J. Armstrong of Brown/Armstrong, CPAs,
or any other reputable certified public accounting firm or certified
public accountant, to review and assist in maintaining this
corporation's books, operations and financial statements and provide
other accounting services to the extent agreed upon between the
President and the accountant.
RESOLVED FURTHER: That any stock which the corporation's
attorney and accountant state can be issued as section 1244 stock
should be issued as such stock.
RESOLVED FURTHER: That the subscriptions of Kurt H. Dalbey
and Peter A. Kusyk to acquire 100,000 shares each, of the common
stock, no par value, of this Corporation, for the consideration as set
forth in Exhibit A attached to their respective Subscription
Agreements, are accepted and ratified. The President and Secretary
are directed to issue to said individuals certificates for said shares of
common stock, in such denominations and names as they shall
designate to said officers, and said shares shall then be fully paid and
nonassessable.
RESOLVED FURTHER: That the President is directed to pay the
expenses incurred in the incorporation and organization of this
corporation, including those incurred prior to incorporation and prior
to the date of this meeting, and to reimburse those officers, directors
and shareholders who have paid any such expenses.
RESOLVED FURTHER: That the President and Secretary are
authorized to establish checking accounts for this corporation in
standard form for drawing upon the signature of any of the officers,
at any bank or banks; and to establish loan accounts at said bank in
standard form pursuant to further direction and authorization from the
Board of Directors. The bank accounts shall be initially established at
Bank of the West. The officers are further authorized to open any
Page 2 - Consent Minutes in Lieu of Organizational Meeting of Board of Directors
CAMyFiles\6501 \0RG-MIN.BD
future accounts they deem necessary without further action of this
Board.
RESOLVED FURTHER: That the Secretary of this Corporation is
authorized and directed to file an application for a Subchapter "S"
election with the Internal Revenue Service.
RESOLVED FURTHER: The Shareholder Agreement dated
May 14, 1999, a copy of which is attached hereto, is approved,
ratified and adopted. Any of the officers of this corporation are
authorized and directed to execute such Shareholder Agreement on
behalf of this corporation.
DATED as of May 14, 1999.
Kurt H. Dalbey, Director _ 7_ ter A. Kusyk, Director
Page 3 - Consent Minutes in Lieu of Organizational Meeting of Board of Directors
CAMyFiles1650110RG-MIN.BD
BFACON
HONES
Attn: ity of Tigard
October 5, 2004
RE: 10276 SW 90th
We are requesting a Setback variance for the side- and setback at 10276 SW
90''. Following is our response to the approval iteria:
a) A development adjustment of up to 0% can be granted. We are
requesting a 7.5' setback, (a tota 2.5% adjustment) on the SE side,
which is the minimum required
b) As there are presently no tr s on this lot, there is no impact positive or
negative in relation to ap oval criteria 2-b.
c) There will be no imp on emergency access by granting this adjustment.
The front setback r ains well over the required 20'. The SE side, which
would be the 7.5' etback, borders an open area, Tract A.
d) We have tried umerous layouts to meet the required 10' side setbacks to
no avail. Du to the difficult shape of this lot we are left with the request
for the set ck variance.
Thank you for our consideration of this request.
~Q
David D Ibey
Beaco Homes NW, Inc.
25115 S.W. PARKWAY AVE., SUITE C • PO BOX 407 WILSONVILLE, OR 97070
(503) 570-8828 FAX (503) 570-8869
CCB #151251
S. W. 90TH
10276, SW 90th TIGARD
HOME PLAN:
THE OAK
78.53' MAIN FLOOR 1205 SO. F'-.
EL 1s, _ _ SECOND FLOOR 1479 SO. F".
LIVABLE 2684 SQ. F-'.
~j GARAGE 531 SQ. F .
Ni / PORCH 120 SQ. F--.
191 9"00 : TOTAL UNDER ROOF 3335 SQ. F--.
L 191 BUILDING SETBACKS:
LOW POINT
WAjER_ - GRAIN STREET SIDE OF HOUSE: .15'-0
EL. 191 ~
o~~ SEwE_ . _ / FRONT OF GARAGE: 20'-0"
~~SCOp ~qr FIN. FLR. 192 / REAR OF HOUSE: 15'-0"
INTERIOR SIDE OF HOUSE: 10'-0"
~%oo UILDING COVERAGE:
. 1 • ` FOOT NT: 1740 S. I'll'.
3' ABS_ _ . I s LOT COV GE: 15%
L D
PROPERY LINE
• •
PROPERTY PIN •
EROSION CONTROL •
SITE PLAN BEACON
SCALE: 1 ° = 20' HOMES
OCT.26.2004 3:02PM BEACON HOMES NW INC NO.792 P.1
. •
BEACON HOMES NORTRvmn, INC.
12703 SW 671" AVENUE • TIGARD, OR 97223
(503) 570-8828 • (503) 570-8869 FAX
DATE: 3 NUMBER OF PAGES INCLUDING COVER: 3
TO
ATTENTION: Cheryl / Planning
FIRM: City ofngard
FAX: 503598.1960
FROM
NAME: David Dalbey
RE: 10276 SW 9e
PRONE: (503) 570-8828
FAX: (503) 570-8869
EMAIL: ddalbq@BeaconHomesNW.com
ORIGINAL DocummNrs
Will follow via regular mail Will follow via express delivery
X Will not follow Other
COMM NTS
Cheryl,
Following is the revised letter and site plan you requested. Let me know if there's anything else you
need.
Thanks for your help.
David
CrnlfillmlialQy Notico: The doarmants a,ccomParwing this transmission contain coafrdenbd mformation intended fbr a specific individual or purpose. The
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OCT.26.2004 3:02PM BEACON HOMES NW INC NO.792 P.2
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CFF TIGARD
BFACON J22R e1NEEA9NG
HONES
I ` Attn: City of Tigard
October 26, 2004
RE: 10276 SW 90th
We are requesting a Setback variance for the side-yard setback at 10276 SW
90t'. Following is our response to the approval criteria:
a) A development adjustment of up to 20% can be granted. We are
requesting an 8.5' setback, (less than the allowable 20%), on the SE side,
which is the minimum required.
b) As there are presently no trees on this lot, there is no impact positive or
negative in relation to approval criteria 2-b.
c) There will be no impact on emergency access by granting this adjustment.
The front setback remains well over the required 20'. The SE side, which
would be the 8.5' setback, borders an open area, Tract A.
d) We have tried numerous layouts to meet the required 10' side setbacks to
no avail. Due to the difficult shape of this lot we are left with the request
for the setback variance.
Thank you for your consideration of this request.
David Dalbey
Beacon Homes NW, Inc.
25115 S.W. PARKWAY AVE., SUITE C • PO BOX 407 • WILSONVILLE, OR 97070
(503) 570-8828 • FAX (503) 570-8869
CCB #151251