Loading...
VAR2006-00002 EXHIBIT. NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2006-00002 CITY OF TIGARD_ NORTH CREEK HOMES Community(Development S(apingA Better Community SIDE YARD SETBACK ADJUSTMENT 120 DAYS =5/09/2006 SECTION I. APPLICATION SUMMARY FILE NAME: NORTH CREEK HOMES SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2006-00002 PROPOSAL: The applicant has requested a 10% adjustment to the east side yard setback to reduce the setback from 5 feet to 4 feet 6 inches on Lot 2 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: 9887 SW 92nd Avenue; WCTM 1S126DC, Tax Lot 08900 (Lot 2 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. VAR2006-00002 -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 the west side of 92nd Avenue between Lehmann and Coral Street. The proposal is to reduce the east 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 east 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 east 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; VAR2006-00002 -SETBACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION 0 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: Notice 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 JANUARY 24, 2006 AND BECOMES EFFECTIVE ON JANUARY 25, 2006. Questions: if you have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. January 24, 2006 P-17EPARED BY: rlstie eerman DATE Planning Technician VAR2006-00002 -SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION CITY of TIGARD I I ~I ~ 001 GEOGRAPHIC INFORMATION SYSTEM VICIN11Y M" I I I 91ST Q~ D Q I VAR2006-00002 m BORDERS ST NORTH CREEK HOMES PARTITION s I tvA C9 LEHMANN SITE ST ;w i ORS FERR rT ~l D 0) FD 5 I Z FERN ,~y J ~-I ~ H • CORAL ST DONRA D BE DURHA• I ftD set: Tigard Area Map / I N LOCUST ST 0 100 200 300 400 Feel O (n 1'= 326 feet 1w. U- lLL MAPLELEAF ST ; MAPrE cT- City of Tigard GO Q Information on this map is for general location only and should be verified with the Development Services Division. Q 13125 SW Hall Blvd Tigard, OR http' a.tigard.or.us Community Development Plot date: Jan 23, 2006; C:\magic\MAGIC03.APR 6b EXHIBIT North Creek Homes Attn: Pete Bloore PO Box 231148 Tigard, OR 97281-1148 FFI DAVIT OF MAILING CITY OF TIOARD Community Development SfiapingA Better Community I, TatriciaL. Lunsford being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaRst for the City of Tigard, Washington County, I'J/♦'gon and that I served the following: (Check Appropmte Box(s) Bob.) ❑x NOTICE OF DECISION FOR: VAR2006-00002/NORTH CREEK HOMES SETBACK ADJUSTMENT Ej 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 E011bit "B", and by reference made a part hereof, on 18nUarV 24, 2006, and deposited in the United States Mail on 1011URN 24, 2006, postage prepaid. (Pers at P ared Notice) STA2E OF 04UG05V ) County of 4Nas itcgton ) s.. City of Tigard ) Subscribed and sworn/affirmed before me on the day of '2006. - QFyl~1AL sEa! ~Y SUI-: ROW Y' NOTARY PUBLIC-OREGON II COMMISCION NO. 375152 WCOMASSION EXPIRES DEC, NUTARYMICUFUREGUN- My Com on Expires: ~a 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): 9887 SW 92nd Avenue Tigard, OR 97223 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): IS/ Z;G D C - 0 00 Parcel 2 of Paztitinin Plat 2003-070 Site Size: 37.50 x 100 Case No.: Applicant*: Narth Creek Homes Other Case No.(s): Address: PO Box 231148 Receipt No.: City/State: Tigard, OR Zip: 97281-148 Primary Contact: Pete Bloare Application Accepted By: Phone: 503-579-1698 Fax: 503-579-7818 Date: J/ O ;~,-06 Property Owner/Deed N rCy Heorms (Attach list if more than one) Date Determined To Be Co ple e: Address:K Phone: d io City/State: Zip: Comp Plan/Zone Designation: * When the owner and the applicant are different people, the I 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): elo ment Adjustment Front Yar Interior Setbacks nd Lot Coverage ✓ Application Elements Submitted: >Special Adius m ❑ 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 8t/i'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 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 subiect 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 o 7 day of , 2006- Applica t/Authorized Agent Signature Owner's Signature c Owne s Signature Owner's Signature CITY OF TIGARD 1/3/2006 13125 SW Hall Blvd. 3:03:29PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200600000000000015 Date: 01/03/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2006-00002 [LANDUS] Development Adjust 100-0000-438000 257.00 Line Item Total: $257.00 Payments: Method Payer User ED 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 Jan 09 013 10:3Ga North Creek Homes (503)579-7818 p.4 • `°""'y' ore9°" 2005-159085 12/005 11:16:25 AM D•DW Cntat elns4 K BARNBTT FtF.f:C~.RDING REQUESTED BY $15.00 $0-00 $11.00 5100.00 • Total ° $222.00 FIDELITY NATIONAL TITLE COMPANY OF OREGON GRANTOR'S NAME IIIIII~III III w Stephen W. Perry and Lorinda C. Perry 00894 VIII III III VIII VIII I I III III "r - 1, J anyRana on, Oln eto r of A m a nt.rid and Ta aatl n / and @a-Olfla le County CIarM for Waahlnat.n County, ( GRANTEE'S NAME Oregon, dohereby eertlfv that the within lnatrtrmmtar wrltlna wag ncalved and eeoIded In t, he book of I ) - G/v North Creek Homes, Inc ncoroaof .1deounty. , J w~ - 1, Jerry it Hansen, Olnetor eaea.m ent.nd Taa.tlon, SEND TAX STATEMENTS TO: li:•OM60 County Cleru North Creek Homes,lnc. PO Box 231148 Tigard, OR 97281 AFTER RECORDING RETURN TO: TON COUNTY North Creek Homes,lnc. TY TRANSFER TAX PO Box 231148 /Z-l9-O.S' Tigard, OR 97281 07- PATE SPACE AB -OR RIECORDER'T-ITST STATUTORY WARRANTY DEED Stephen W. Perry and Lorinda C. Perry, as tenants by the entirety, Grantor, conveys and warrants to xi North Creek Homes, Inc, an Oregon Corporation, Grantee, the following described real property, free and clear of 5<3 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 U W Subject to and excepting: AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 0 1= L 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 LLJ Q 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 AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $190.000.00 (See ORS 93.030) DATED: December (3 2005 Ste an W. Perry on da C. Perry OFFICIAL SEAL PHYLLIS E. Sl'ONLR NOTAnY PUBLIC-OREGON STATE OF OREGON COMMISSION NO. 372937 COUNTY OF Clackamas - *wYCOMM.1SSIOl4rXPIRE$OCTOBER6.2007_ This instrument was acknowledged before me on by l~SlL~ C_ 1~i r NOTARY PUBLIC OREGON MY COMMISSION IRES: FORD-313 (Rev 2/96) STATUTORY WARRANTY DEED p-©ol 0 to I 0 ' d 0 © 2 w Pr L ! -s 0001 1 _ 4. a a a m a a a Jan 06 06 01:49p North Creek Homes (503)579-7818 p.1 nCD DO NORM CRIIK H O M E S n J1091.1 N I/ Q /LC 6 vooi (uslom Homes & Remodeling Since 1975 Post Office Box 231148 Tigard Oregon 97281.1148 • 503.579.169B P • 503.579.7818 F • northereekhomesQuerthlink.com www.northeruokhome.cnm 566 NORTH C R ~ I K H O M E S January 3, 2006 City of Tigard Planning Department We are requesting a lot line adjustment far Parcel 2 of Partition Plat 2003-070. We would like a side yard setback decrease from 5' to 4'6". See plot plan for setback location. Due to the hv.ghly restiticted lot density requirements we find this to be the best alternative in making the house plan fit on the parcel. S4ncerely, -ia,-4 &a,~ Pete Bl oore President Luslom Homes & Remodeling Since 1975 Post Office Box 231148 • Tigard Oregon 97281-1148 • 503.579.1698 P • 503.579.7818 F • northcreekhomes®eerthlink.com • www.northcreekhome.com Jan 09 06 10:35a North Creek Homes (503)579-7818 p.2 NORTH CRIIK H O M E S January 9, 2006 City oaf Tigard Planning Department RE: Parcel 2 of Partition Plat 2003-070 To Whom It May Concern: We are requesting a side yard setback adjustment from 5' to 416" to accommodate the house plans which have a width dimension of 281. 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 bo, the adjustment which achieves the desired effect Other alternatives are more costly and time consuming. ' cerely, Pete B1t~Ore Presdent Cus{om Homes & Remodeling Since 1915 Post Office Box 231148 • Tigard Oregon 97281-1146 • 503.579.1698 P • 503.579.7818 F • northcreekhomes®earthlink.com • www.northcruekhomo.com