VAR2006-00001
EXHIBIT.-
1 ~
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2006.00001
CITY OF TIGARD
NORTH CREEK HOMES Community Development
SIDE YARD SETBACK ADJUSTMENT ShapingA (Better Community
120 DAYS =5/09/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: NORTH CREEK HOMES SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-00001
PROPOSAL: The applicant has requested a 10% adjustment to the west side yard
setback to reduce the setback from 5 feet to 4 feet 6 inches on Lot 3 of the
Perry Partition (MLP2003-00008) to accommodate construction.
APPLICANT/
OWNER: North Creek Homes
Attn: Pete Bloore
P.O. Box 231148
Tigard, OR 97281-1148
LOCATION: 9889 SW 92nd Avenue; WCTM 1S126DC, Tax Lot 09000 (Lot 3 of the
Perry Partition).
COMPREHENSIVE
PLAN
DESIGNATION: R-12, Medium-Density Residential District.
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.
VAR2006-00001 -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
Perry Partition (MLP2003-00008).
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 lot is located on west side of 92nd Avenue between Lehmann and Coral Street. The
proposal is to reduce the west 5-foot side yard setback by 6 inches.
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 reduce the west side yard setback by 6 inches
to allow the placement of the house. The required side yard setback is 5 feet therefore; up to
a 1-foot 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 a portion of the structure to protrude into the west
side yard setback by 6 inches. According to the applicant this is the minimum relief needed
for construction of plan on lot.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2006-00001 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
According to the applicant, the adjustment would not adversely affect any trees on site, as
there are no trees present.
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 home and lot, there are no other reasonable alternatives to the
placement 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:
oT~fi e was mailed to the applicant and owners.
Final Decision:
setback Ad 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 JANUARY 24, 2006
AND BECOMES EFFECTIVE ON JANUARY 25, 2006.
Questions:
you oTe any questions, please call the City of Tigand Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
a 0 0 .4 January 24 2006
r;= a eerman
Planning Technician
VAR2006-00001 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
CITY of TIGARD
II GEOGRAPHIC INFORMATION SYSTEM
VICINITY MPAP ~
91ST
w w - - - - - - -
m Q VAR2006-00001
BORDERS ST
NORTH CREEK HOMES
PARTITION
1VANA
LEHMANN
SITE ST
~J
O) Z
C)
Q ~ 'r J RS FERR
Z' ti
CORAL FT
~W
ST
~tn QP
1,130 N7A
BE` BEN R~ ~Pu ~A1L,_1$D
Tigard Area Map /
A
LOCUST ST N
O 0 100 200400 Feel
{L' 1'= 326 feet
w
U-
MAPLELEAF ST w
Q MAPLECT- City of Tigard
U Information on this map is for general location only and
should be verified with the Development Services Division.
j 13125 Hall Blvd
Tigard, OR 97223
(503) ) 639-4171
1
httpJf 4 .ci.tigard.or.us
Community Development Plot date: Jan 23, 2006; C:\magic\MAGIC03.APR
9b EXHIBIT.
North Creek Homes
Attn: Pete Bloore
PO Box 231148
Tigard, OR 97281-1148
*AFFIDAVIT OF MAILING 45 CITY OF TIOARD
Community 0meropment
ShapingA Better Community
1, Patricia L. Gunsford being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpeciaRst for the
City of Tigard, WMington County, Oregon and that I served the fol lowing:
(Check Appropriate Box(s) Below)
❑ NOTICEOF DECISION FOR: VAR2006-00001/NORTH CREEK HOMES SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File NoJName 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 Exhliblit"B", and by reference made a part
hereof, on lanuan 24, 2006, and deposited in the United States Mail on January 24, 2006, postage prepaid.
(Person that P ared Notice)
STA2E OF OU ON
County cf Wasjhftin ton )ss
City of s and
Subscribed and sworn/affirmed before me on the d, / q day of , 2006.
i' N0 ARV NUzzL:,-Oh.E211."
p Col*flls Ib~ IV(). s x:152
L ~~IINCCILWIISSIh; i
MURY My Comm on Expires: la ''0
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): 9889 SW 92nd Avenue
Tigard, 0 R 97223 FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): 12 6 U C.-n
Parcel 3 of Parbt2 PJ[at 2003-070
Site Size: 37.50 x 100 Case No.:1AEj0 d / 0
Applicant`: Noxt i Creels Homes Other Case No.(s):
Address: PO Box 231148 Receipt No.: -~mo~
City/State: Tigard, OR Zip: 97281-1148
Primary Contact: Pete Bl,oaxte Application Accepted By:
Phone: 503-579-1698 Fax: 503-579-7818 Date: 42 62 4;
Property ON ne /DCer~ Holder(s)*: (Attach list if more than one) Date Determined To Be Complete:
Address: Phone:
City/State: Zip:
Comp Plan/Zone Designation:
When the owner and the applicant are different people, the / Z
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 Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc
back of this form or submit a written authorization with this
application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
✓ Application Elements Submitted:
DDevelopment Adjustment -Front Yard, Interior Setbacks and Lot Coverage
>Special Adiustments: ❑ Application Form
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization
♦ Landscaping Adjustments - Existing/New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length ❑ Title Transfer Instrument or Deed
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing ❑ Site/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%°x 11")
♦ Wireless Communication Facility Adjustments - Distance From Another Tower
♦ Washington Square Reg. Center Density Adjustments ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Please state the reason for the Adjustment request: ❑ Filing Fee $a 5?, oo
Jurisdiction: ❑ City ❑ Urb
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
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 a day of 20 01~-
Applica Authorized Agent Signature Owner's Signature
Owner Signature Owner's Signature
CITY OF TIGARD 1/3/2006
13125 SW Hall Blvd. 2:59:48PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200600000000000014
Date: 01/03/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2006-00001 [LANDUS] Development Adjust 100-0000-438000 257.00
Line Item Total: $257.00
Payments:
S Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid
Check PETER & VIRGINIA BLOORE 1040 In Person 257.00
Payment Total: $257.00
•
cReceipt.rpt Page 1 of 1
NORTfl C R I I K
H O M E S
January 3, 2006
City of Tigard
Planning Department
We are requesting a lot line adjustment for Parcel 3 of Partition
Plat 2003-070. We would like a side yard setback decrease from 5' to
4'6". See plot plan fcr setback location.
Due to the highly restricted lot density requirements we find this
to be the best a]t nx ative in making the house plan fit on the paroeL
Sincerely,
& aeLe
Pete Blocrle
President
fusfom Homes & Remodeling Since 1915
Post Office Box 231148 • Tigard Oregon 97281.1148 • 503.579.1698 P • 503.579.7818 F • northcreekhomes@earthlink.com • www.northcreekhome.com
Jan 09 06 10:36a North Creek Homes (503)579-7818 p.4
• W°" or°e°" " 2005-159085
O-D 5 11:16:25 AM
Crtmt ern=4 K BARNETT
FFF.r gROING REQUESTED BY $15,00 $6.00 $11.00 $140.00 • Total + $222.00
l5 FIDELITY NATIONAL TITLE COMPANY OF OREGON IIIIIIIIII III II ICI III III III III VIII
GRANTOR'S NAME 1111111111111
Stephen W. Perry and Lorinda C. Perry 00684 78200501390850030036
1, Jury Manson, 01rectoror Assessment and Tevellon
' and !s-OMala County cls k ror Waehington County,
Oregon, do hereby certify that the within Inatrumsnt or ,
GRANTEE'S NAME wrltingWeereeelvedandeeordedlnehebookor
records o/ said count \
r I ~,P A
North Creek Honrles, Inc Y.
Jerry R Hanson, Olreetor ueumet end Taaenen,
SEND TAX STATEMENTS TO: BxOraelo County Clem"
North Creek Homes,lnc.
PO Box 231148
Tigard, OR 97281
AFTER RECORDING RETURN TO: WASHINGTON COUNTY
North Creek HomesAnc. } REAL, PROPERTY TRANSFER TAX
$ YO,OU IL-l9 C~5'
PO Box 231148
/ FEE PAID DATE
Tigard, OR 97281
SPACE A FOR RECORL)FR79-UST
STATUTORY WARRANTY DEED
Stephen W. Perry and Lorinda C. Perry, as tenants by the entirety, Grantor, conveys and warrants to
North Creek Homes, Inc, an Oregon Corporation, Grantee, the following described real property, free and clear of
>O encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon,
(
Q Parcels 2 and 3, PARTITION PLAT 2003-70, in the City of Tigard, County of Washington and State of Oregon.
0
C--)
w
Subject to and excepting:
Q AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CD
f=
z 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
Q PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
IL FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $190,000.00 (See ORS 93.030)
DATED: December 13 2005
Ste en W. Perry
azy'l~dAL el 14Q
on da C. Perry
OFFICIAL. SEAL
PHYLUS, E. STONER
STATE OF OREGON *kYCOM NOTAR Y PUBLIC-OREGON
GOMMISSIe?N NO. 372937
COUNTY OF Clackamas MISSt0NE%PIRF.SOCT09ER6,2007
This instrument was acknowledged before me on
<1 e.c e+~ l3, 7 oa 5
by--oYt.v, C_r
NOTARY PUBLIC OREGON
MY COMMISSION IRES: I P,to az11
FORD-313 (Rev 2/90) STATUTORY WARRANTY DEED
L. pt' 3 Gf
R s~ r~ Ccc~t
I
Q
0
0
c~
a
0 5
q'. U~
1
3
Jan 09 06 10:36a North Creek Homes (503)579-7818 p.3
NORIfl CRICK
H O M E S
January 9, 2006
City of Tigard
Planning Department
RE: Parcel 3 of Partition Plat 2003-070
To Whom It May Concern:
We are requesting a side yard setback adjustment from 5' too 4'6°
bo, accommodate the house plans which have a width dimension of 28'.
The requested adjustment is the least required to achieve the
desired effect.
The adjustment will require no tree removal as there are no trees
on this particular site.
The adjustment will not impede adequate emergency access to the
site.
There is not a reasonable alternative to, the adjustment which achieves
the desired effect Other alternatives are more costly and time consuming.
Pete Bloore
President
[ustom Homes & Remodeling Since 1975
Post Office Box 231148 • Tigard Oregon 97281.1148 - 503.579.1598 P • 503.579.7818 F • n orthcree khomes®e a rthlink. coin • www.nurncciuekhumu.cum