VAR2006-00061
• • EXHIBIT-L
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2006-00061 ,
GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT °~`9~a~~~
120 DAYS = 9/24/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-00061
PROPOSAL: The applicant proposes to reduce the dimensional standard for the front yard setback
of the property by 25 percent, from 20 feet to 15 feet on Lot 12 of Stonechase
Subdivision.
APPLICANT: Gerritz Biggi Custom Homes LLC
Attn: Steve Gibson
9550 SW Beaverton Hillsdale Highway
Beaverton, OR 97005
OWNER: Same as applicant
LOCATION: 11235 SW El]son Lane; WTCM 1S 134DB, Tax Lot 08800.
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low Density Residential District.
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, and duplexes, at a minimum lot size
of 10,000 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 H. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted in
Section IV.
NOTICE OF TYPE I DECISION
VAR2006-00061 GERRITZ BIGGI FRONT 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 Information and Proposal Description:
The subject property is located at 11235 SW Ellson Lane, north of North Dakota Street near 112th Avenue,
on lot 12 of the Stonechase subdivision. The applicant, Gerritz B1'gg1 Custom Homes, proposes to reduce
the dimensional standard for the front yard setback of its property by 25 percent, from 26 feet to 15 feet.
The garage would remain behind the 20 foot setback lute. Due to a surveying error, the applicant desires
an adjustment to be in compliance with the Code.
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 appli cant requests a reduction of the dimensional standard for the front yard setback by 25 percent,
from 20 feet to 15 feet, which is the maximum allowed under the code.
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;
The applicant requests a reduction of dimensional standard for the front yard setback b 25 percent to
resolve a surveylrig error. Because the foundation and frame for the house are already in place, a reduction
of the front setback by 5 feet 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;
No trees will be removed.
The Adjustment will not impede adequate emergency access to the site;
Emergency access to the site, which is already adequate, would not change as a result of the adjustment.
There is not a reasonable alternative to the Adjustment which achieves the desired effect.
NOTICE OF TYPE I DECISION
VAR2006-00061 GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
The applicant desires to be in compliance with the Code. Because of a surveying error, there is no
reasonable alternative which achieves the desired effect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
A 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 30, 2006
AND BECOMES EFFECTIVE ON MAY 315 2006
Questions:
If you have any questions, please contact Emily Eng at (503) 718-2712 or stop by the Planning office at
Tigard City Hall, 13125 SW Hall Blvd, Tigard, OR 97223.
May 30 2006
PP ng DATE
ant Planner
NOTICE OF 1Y1'F,'I DECISION
VAR2006-00061 GIRRIT% BIGGI FRONT YARD SETBACK ADJUSTMENT PAGI' 3 0 F 3
CITY of TIGARD
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13125 SW Hall Blvd
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(503) 639-4171
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Community Development Plot date: May 26, 2006; C:\magic\MAGIC03.APR
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[_AALLAAINI. " IR TIE TK oESa~' ASSOCIATES NC a Nor CITY OF TIGARD ZZ 151A-3CAR
OR ACCUMACY OF TIE TOPOWAMIY
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O VERIFY ALL STE CONDITIONS. NCLUDMO
PIACEO ON TIE SITE AND NOTIFY TIE LOT 12
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NMtcaao oesaN Assocu►n•. OIQ BY ROUNDSTONE DEV.
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Gerritz Biggi Custom Homes LLC EXHIBIT
Attn: Steve Gibson VAR2006-00061
9550 SW Beaverton Hillsdale Hwy. GERRITZ BIGGI SETBACK ADJUSTMENT
Beaverton, OR 97005
AFFIDAVIT OF MAILING =s~`'^
71 Rc PR
I, Patricia L. Lunsford, being first dtAgsworn/affimi, on oath depose and say that I am a Senior Administrative Specialist
for the City of Tigard, Washington County, Oregon and that I served the following:
10-kApp,op-tea) Lbw,
❑x NOTICE OF DEQSION FOR
VAR2006-00061/GERRITZ BIGGI SETBACK ADJUSTMENT
(File MJNar Reference)
AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "N', 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
May 30, 2006, and deposited in the United States Mail on May 30, 2006, postage prepaid.
(Person that Pre aced otice)
STATE OF OREGON
County of Washington ss.
City of Tigard K~
Subscribed and sworn/affirmed before me on the day of ~e/~ , 2006.
NOTARY
f'UBi.: .C:2M J
C0AfMi • ICiI !~1. o.
'NOTARY PUBM OF OREGON
My Commission Expires: zd, 2t o
65/i2/N06 11:34 FAX 5035981960 CITY OF TIGARD 0002/004
RECEIVED
ADJUSTMENT MAY 2006
Y OF TIGARD
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TYPE I ~ A P-P L I C AT I;
NIVING/EN'GINEERING
CITY 'OF. TIGARD 13125•SWHall Blvd.,'Tlgand, OR 97223 (503) 639-41•T1'FAX.• (503) 684-7297
GENERAL INFORMATION
Property A dresslLocation(s): jjzG 5 5W ✓~Sr(~1
0- -1 ..-..FOR STAFF~USE•ONLY
Tax ap & Tax Lot #(s): L (34D8 046 t?D •
Site Size: 7Case No.: IJ►-?~ -&oV(aa-
Applicant*: G 6:-R-42-1 TZ t C.- tAa2~ l.l_C.. Other Case No.(s),
Address: o w
City/State: c7v- Zip: °►-l 065- ReceiptNo.:
PrimaryContact: c G IO)'\ Application Accepted By, Phone: 03- 30Lo `,)-`1d3 'Fax'. 5'03 .r~ln-r3 ya' Date: ellZto.,,
Property Owner/Deed Holder(s)*: (Attar Ilst if more than one)
C ~o a.t Q- t 1 LLL Date Determined To Bei Complete:
AA-OtbAj Phone: ~_'~~otq-zfLla Z-~ ZoO
Address: co
City/State: Zip: -/L-l Oo f -T : .
Comp PlahTZone'Designation:
When the owner and the applicant are different people, the Q- S
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.6126104 1:lcurplnlmastersVevIaedladjustment.t.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 provlslon(s) of the
Community Development Code (please circle one only):
✓ Application Elements Submitted:
>Development Adjustment - Front Yard, Interior Setbacks'and Lot Coverage
>Soeclel Adjustments: Application Form
♦ Adjustments to a Subdivision
Reduction of Minimum Residential Density Owner's Signature/Written Authorization
• Landscaping Adjustmenta - Edeting/New Sheet Trees
• Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed
♦ Parking Adjustments - Reduction In Mlnlmum Parking for Transit ImprovementslUsdng ❑ Site/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments- Setbacks to Reduce Tree Removal Site/Plot Plan (reduced.8t/) x 11')
0 Wireless Communication Facility Adjustments - Distance From Another Tower
• washingto~ Square Reg. Center Density Adjustments t~ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Please state he- reason for the Adjustment reque~t: -uL [0/4'11ing, Fee
W `
0, Jurisdiction: f 'ry ❑ Urb
f
we W'
05/12/2006 11:34 FAX 5035981960 CITY OF TIGARD Q003/004
APPLICANTS: : r .
Yo consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL•EUMENTS 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 he are
-true: and the applicants so acknowledge that-any- permit •issued,..based.on this -application;may be%revoked•rf 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 O 20 d~
/
A ant/Authorized Agent Signature Owner's Signature
Ow r s Signature Owner's Signature
CITY OF TIGARD 5/17/2006
a 13125 SW Hall Blvd. 3:44:02PM
Tigard, Oregon 97223
(503) 639-4171
1
Receipt 27200600000000002424
Date: 05/17/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2006-00061 [LANDUS] Development Adjust 100-0000-438000 224.00
VAR2006-00061 [LRPF] LR Planning Surcharge 100-0000-438050 33.00
VAR2006-00062 [LANDUS] Development Adjust 100-0000-438000 224.00
VAR2006-00062 [LRPF] LR Planning Surcharge 100-0000-438050 33.00 •
Line Item Total: $514.00
Payments:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check GERRITZ-BIGGI CUSTOM ST 2820 In Person 514.00
HOMES LLC
Payment Total: $514.00
•
cReceipt.rpt Page 1 of 1
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03M51200115 -029878
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Title uu
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I 1 l Jerry Msnsor%Dlnct.r o1ASse.=er4 rW T..xW,
AM Recording Return To: ..d a.am.ta county etpa rorwsslr 0tDM county.
or.0.n, d0 n.n.y c.rttty that the wall. entrum.nt of
. ~.ooa=of ; .
Gerritz Biggi Custom Homes LLC wrln.a wu ndeN.sd snd
e ourdy. -anl.d In
need. or al
9550 SW Beaverton Hillsdale Hwy J"Fit.Kenean,Otrsetor a...m.W.ndTualw%
exOrado county cluk
• Beaverton Oregon 97005
Until a change is requested all tax statements shall be sent to the
following address:
Gerritz Biggi Custom Homes LLC
Same as above
STATUTORY WARRANTY DEED
Stonechase LLC, An Oregon Limited Liability Company, Grantor, conveys and warrants to Gerritz Biggi
Custom Homes LLC, An Oregon Limited Liability Company Grantee, the following described real
property free of encumbrances, except as specifically set forth herein situated in Washington County,
Oregon, to wit:
Lots 6, 7, 11, 12,13 and 14, STONECHASE, in the City of Tigard, County of Washington and State of Oregon.
This property is free from encumbrances, EXCEPT: Those exceptions to remain of record.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1,
OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). THIS INSTRUMENT DOES 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, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005
(BALLOT MEASURE 37(2004)).
The true consideration for this conveyance is This Deed is being recorded to correct vesting for financing
purposes. (Here comply with the requirements of ORS 93.030)
Dated this
Stonechsae LLC, An Oregon Limited Liability
Company
hn M. Gerritz, Member
s
STATE OF OREGON ss
County ofnWashington
n. yv
On this before me, the undersigned, personally appeared the within named John
J. Gerritz as Memberof known to me to be the identical individuals who executed the within instrument and
acknowledged to me that he has executed the same freely and voluntarily.
OFFICIALSFAL Notary Public for the State of Oregon
S MARSDEN
1
NOTARY IotJBL1C.ARE00N My commission expires: 6/19/09
COMMISSION NO. 391775
MYCOMMISSION EXPIRES JUNE 19, 2009
ORSTWD
.r L
6550 SW Beaverton Hillsdale Hwy
: Beaverton, OR 97005
Phone 503-619-4668
Fax 503-526-2084
CCB #148831
Geffitz Biggi Custom Homes LLC
05-15-06
City of Tigard,
To whom it may concern this letter is in conjunction with type 1 adjustment.
18.370.020
B.2. approval criteria
a. With this adjustment to 15 ft setback in front yard we will meet setback
requirement for this house that has already been framed.
b. There are no trees affected with this adjustment.
c. The adjustment is for front yard set back and has no effect on emergency
services.
d. There is no other alternative for this problem the house has been framed
and everyone has missed the set back including the inspector and plans
examiner and ourselves.
Thank You
Steve Gibson
Gerritz-Biggi Custom Homes LLC
06 Sep 1% 15:31:17 R:\It\LT20STONECHASE.dwp MRR
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