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VAR2006-00062 • EXHIBIT A NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2006-00062 GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT 120 DAYS = 9/24/2006 SECTION I. APPLICATION SUMMARY FILE NAME: GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2006-00062 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 20 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: 11265 SW Forest Lane; WTCIvI 1S134DB, Tax Lot 09600. 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 II. 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 DEQSION VAR2006-00062 GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT PAGE I 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 11265 SW Forest Lane, north of North Dakota Street near 112`" Avenue, on lot 2b of the Stonechase subdivision. The applicant, Gerritz BRIM Custom Homes, proposes to reduce the dimensional standard for the front yard setback of its property by 25 percent, from 2C feet to 15 feet. The garage would remain behind the 20 foot setback line. 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 applicant 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 by 25 percent to resolve a survey~c~g 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 VAR2006-00062 GERRITZ BIGGI FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3 The applicant desires to be in compliance with the Code. Because oa 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 A 2006 AND BECOMES EFFECTIVE ON MAY 31, 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, 97223. May 30 2006 CAPPIR O y Eng DATE Assistant Planner NOTICE OF'17'PE I DFCTSION VAR2006-00062 GERRTTZ BIGGI FRONTYARD SE 1BACK ADJUST iW-N T PAGE. 3 0 F 3 CITY of TIGARD -y l f ! GEOGRAPHIC INFORMATION SYSTEM V IO ITY 1V1A i 0 o 0 0 OND ' VAR2006-00062 0 0 ~0oo~'WN 0 co BLACK GERRITZ BIGGI SETBACK ADJUSTMENT < m PENN-C COTTONW60D L ii GENEVA ST o ~I MANZANITA ST UJI a T~n I r^-' RS FERR ~Q T 0) GEF l Iii O S TIMOTHYPL ~ ~ BONTA D NORTH DAKOTA 1 W gE` a~ ~~I!R~L ~KOTA ST 1.0 ¢ > Q~ O Tigard Area Map / N N DR !n SW TORLAND ST. _ CC) 0 0 100 200 300 400 500 F t 1'= 389 feet Q s ~CII~ ,(-n i10C~ /\C3C~~ Information on this map is for general location only and < J should be verified with the Development Services Division. a W 13125 SW Hall Blvd Z Z Tigard, OR 97223 (503) 639-0171 ~ ~ http'lAvww.ri.Ogard.or.us Community Development Plot date: May 26, 2006; C:\magic\MAGIC03.APR 05 Sep 19 15:31:17 R:\It\LT20ST0NECHASE.dwp MRR AmL IdNIML 'ROW N 89'35'34""•F - - - - - 70.00' •..I 1 -----1 I I 1 _N I I ~ N .......I.... v I I I ........I....... I I ' IZ I to o o MAIN OOR r (i o f: °o LA GA AG EL. 100. ' ol2 M Lo EL.: 9. ' I Im I 0 - - 4" CONC. DRIVEWAY ° 13500 P.S.I.) N ~D>~-i. 0N N 89'35'34" E - - 70.00' 8' 1.1.E. 1TV OF 70GQR® FOREST LANE Apnroved [X; Conditionally Approved ( j for only the work as described in: PERMIT NO. Sae letter to: Follow T Attach ( ] J:!p A¢tiress: riv: Date:.5 3 C :05 MRR SCALE t" 20'-0" ALAN KASCORD DEVON lIABIE FOR THE ACCURACY CY OF F DIE TOPOpR APHY OR DIE ACCURACY OEB. P N MOT CITY OF TIGARD 2261A,,3CAR FFOrourNONL NT Ns rNE SOLE aESPaNSeurr of r1E S AN TONECHASE 8mDER TO YERFT ALL SITE C1 r TKN& NCLUONO LOT 2O Y FILL PLACED ON THE STE AND NOTIFY THE OWNERS OF AV POTEIITWL FIELD YODFICATIONIL ALM MAW066IDIS M A8800ATI& Ot BY ROUNDSTONE DEV. T 1 q0. - AK / Cj7llo co FCT) -1.. wl na MfAM•pli MO/~....rrwaw 1 (1J • EXHIBIT-L- Stonechase LLC VAR2006-00062 9550 SW Beaverton Hillsdale Hwy. GERRITZ BIGGI SETBACK ADJUSTMENT Beaverton, OR 97005 Gerritz Biggi Custom Homes LLC Attn: Steve Gibson 9550 SW Beaverton Hillsdale Hwy. Beaverton, OR 97005 l AFFIDAVIT OF MAILING r[( JnlZ HDD I, Patricia L. Lunsford, being first dulysworn/affirm, 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: j(hck Appop- Bar(s) Bd..} NOTICE OF DECISION FOR VAR2006-00062/GERRITZ BIGGI SETBACK ADJUSTMENT (File No./Na Reference) AMENDED NOTI(E ® 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 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 reared Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swop- /affirmed before me on the f 2 day of 2006. 0F=.1C1[. Kri's "iE LLB NOT,AKY PUKtO-JD;J.- , NO ARYPUB F OREGON My Commission Expires: 2,b? 05`1`:/;006 11:34 FAX 5035981960 CITY OF TIGARD 0002/004 TECEIvE0 ADJUSTMENT MAY -If 2006 OF TIGARD TYPE [A PP L I C AT 1014 E NG VEERING CITY 'OF. T GARD 13125.SW Hall Blvd,,-Tigard, OR 97223 (503) 639-41.T1* FAX., (503) 684-7297 GENERAL INFORMATION Property Andress/Location(s): 11235 6C.0 CA_ 9-1 ;~y3 FOR sTAFF~USE ONLY Tax Iv amp & Tax Lot #(S): i S d Site Size: (~7qn Case No.: _,(/060(a/ Applicant*: T2 l L., Le- Other Case No.(s): 6')WV-0yot0 Address: o w (l Receipt No.: City/State: cN Zip: g-100,45- PrimaryContact: ems, ~ ((35avN Application Acc oted By: ~-T~~ Phone: 5-63- 3ao -~-~03 Fax: lar S1 i1 lu.to l Date: Property Owner/Deed. Holder (s)*: (Attac Iist if more than one) G E°Q.tZI 2 I'~ t -C , C t-, lzit . 1►.. c.c,L Date Determine To Be Complete: Address: q5, %o Sco e~~A Phone: 5 6 -3-~ (q&S' ~A?~ d City/State: f~eec, b 0--ArL.- Zip: -L-1 CO ~c Comp Plah Zone'D 'Signafion: ` 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 Rev.8/26104 1:lcurplnlmastersUevlseftdjustment•i.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): ✓ >Development Adjustment -Front Yard, Interior Setbacks-and Lot Coverage Application Elements Submitted: >Special Adjustments: ♦ Adjustments to a Subdivision ❑ Application Form Reduction of Minimum Residential Densily ❑ Owner's Signature/Written Authorization ♦ Landscaping Adjustments - Frtlsting/New Street Trees ❑ ♦ Parking Adjustments - Reduction in Slacking Lane Length Title Transfer Instrument or Deed ♦ Parking Adjustments - Reduction In Mlnlmum Parking for Transit Improvemenlstuating ❑ Site/Plot Plan (2 copies) Dev. • Setback Adjustments- Setbacks to Reduce Tree Removal Site/Plot Plan (reduced.81/?'x 11 ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washlrgton Square Reg. Center Density Adjustments ❑ Applicant's Statement (Addressing criteria Under Section 18.370.020) Please state hereason for the Adjustment request: (IM ❑ Filing.Fee f Jurisdiction: C] City ❑ Urb WCrJ,A W , c~ C, d 0/12,/2006 11:34 FAX 5035981960 CITY OF TIGARD 121003/004 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•.rtvoked • 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 45 day of 20_~ ~tL_.&: ,b b Appli uthorized Agent Signature Owner's Signature O n,jer's Signature Owner's Signature CITY OF TIGARD 5/17/2006 e 13125 SW Hall Blvd. 3:44:02PM Tigard, Oregon 97223 (503) 639-4171 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 21W 7a& washlr."n Cotmy, Orpon 2006-043492 a v 003x2008 0219:32 PM D-0DB 0701 ft-22 I RQQD r.~P D~o~798y1-~ c ss.alol $aoo $11-00- TOM a moo S !Yl This ullll~lllllllll~lllllll II Title Order No. 06279841 Escrow No. 06279841 a 00937848200800 3 9200/00/3 II I~I l ~anY 1lanaoM1 01nct°r dMeasunera and Taaatlon Ater Recording Return To: and Eadltleb tounb Clara fWW"hln0M eeur*', Or-PN do h-by comb that tha wMNM lMaum•rdd Gerritz Bi i Custom Homes LLC aaltlrta vna -11.d and ro rdad to a mh at j ncoMe of aatd 9550 SW Beaverton Hillsdale H °dt` tisd .aw Beaverton Oregon 97005 forty R Na^a° c o4eet°rlad Cour y Clel WuentY and Tu■a°n, aaCnltle u Name, Address, Zip - - Until a change is requested all tax statements shall be sent to the following - address: Same as above Name, Address, Zip STATUTORY BARGAIN AND SALE DEED Stonechase LLC An Oregon Liability Company, Grantor, conveys to Gerritz Biggi Custom Homes LLC An Oregon Limited Liability Company, Grantee, the following described real property situated in Washington County, Oregon, to-wit: Lot 20, STONECHASE, in the City of Tigard, County of Washington and State of Oregon. 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 $to correct vesting for financing purposes . (Here comply with the requirements ofORS 93.030) / Dated thisG d 1x2 Stonecha a LLC M. Gerritz, Member STATE OF OREGON } SS County of Washington On this lv/ , before me, the undersigned, personally appeared the within named John M Getritz, as Member of Stonechase LLC (mown to me to be the identical individual who executed the within instrument and acknowledged to me that he has executed the same freely and voluntarily. Notary Public for the State of Oregon My commission expires: OFFICIAL REAL S MARSDEN NOTARY PUBtIGORE00N NO, 391775 MY COMM 58101jq DUNE 19, 2009 ORST13SD • 0550 SW Beaverton Hillsdale Hwy Beaverton, OR 97005 Phone 503-619-4668 Fax 503-526-2084 _ CCB-#148831.... Gemiz Biggs Custom Homes LI,C 05-15-06 City of Tigard, To whom it may concern this letter is in conjunction with type 1 adjustment. 18.370.020 13.2. 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 . . . . . . . . . . . . . . . . . . . . . . t 05 Sep 19 15:19:07 R: IALTI2STONECHASE.dwp MRR AOL , N 89'35'34" E - 75.00' o ---'-1 I I A I I ! o ;I I'•.. n In t I I I i 9' 0 I I I • 1 I I 4`~ o I v, 0 I °lo I ql~ I~~ ~ Im 0 0`. MAIN OOR I o EL. 21 I ( o~ °IW GAR G I N Im' EL. -2 2. MEN J 5'40' 4- CONC. I ^w DRIVEWAY 13500 P.S.I.) a u u 9 -0 N N 89'35'34' E gg_ L 4- 75.00' 1 8' P.U.E. FIR LANE C 05 MRR SCALE 20'•0" jj216[AIAN MNASCORD ADESIGN CCLR CY OFT1ES, s Nor CITY OF TIGARD ZZ151A SCAR ELE FOR THE RE THE rOP OORMPNr STONECHASE 10tt IT ACCUROLE IT D THE SOLE RESPONSIBUT'I aF - OER TO VERIFY ALL SITE CONDITIONS. MCLUDING LOT 12 R FILL PLACED ON THE SITE AND NOTIFY THE NERS OF ANY POTENTIAL FRO MODIFICATIONS AN IWCORD DesloM ASSOCIATI& WV BY ROUNDSTONE DEV. w..n .e. ro,n..o w .na (7,575 S0 FT)