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VAR1997-00020 EXHIBIT A NOTICE OF DECISION CITY OF TIOARD VARIANCE [VAR] 91-0020 Community Development OAK KNOLL CONSTRUCTION VARIANCE Sh"Ping I tter Community 120 DAYS = 4/15/98 1. APPLICATION SUMMARY CASE: FILE NAME: OAK KNOLL CONSTRUCTION VARIANCE Variance VAR 97-0020 r PROPOSAL: . A request for Variance approval to allow a two (2)-foot setback from a public utility easement, whereas, the subdivision plat states that the 10-foot side yard setback shall be measured from the easement. OWNER:. David Hubbs APPLICANT: Same Oak Knoll Construction, Inc. 4035 Douglas Way Lake Oswego, OR 97035 ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary.uses, residential fuel tank, and accessory structures. LOCATION: 13203 SW Wellington Place; WCTM 2S104DB, Tax Lot 04000. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.134.050. II. DECISION Notice is hereby given that the Planning Director for the Cfy of Tigard has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV of this decision. NOTICE OF DECISION VAR 97-0020 - OAK KNOLL CONSTRUCTION VARIANCE PAGE 1 OF 4 III. BACKGROUND INFORMATION Property History: This parcel was created in 1997 with the recording of the Amesbury Heights Subdivision (SUB 94-0005) plating. No.other development applications were found to have been on file with the City. Vicinity Information: The surrounding properties are zoned Residential, 4.5 units per acre; R-4.5. The area is predominantly developed with single-family residential dwelling units. Site Information and Proposal Description: The 11,884 square foot parcel is currently vacant. The applicant requests Variance approval to allow a two (2)-foot flag lot setback from a public utility easement, whereas, the subdivision plat states that setbacks shall be measured from the easement. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Community Development Code Section 18.134.050 provides standards, for granting a Variance as indicated in BOLD print below: The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. The variance will not be materially detrimental to the purposes of the zoning ordinance. The Tigard Community Development Code Section 18.26.030 (Definitions) defines a "setback" as; "the minimum allowable horizontal distance from a given point or line of reference, which shall be the property line unless otherwise stated to the nearest vertical wall of a building or structure, fence or other elements as defined by this title." The structure will be approximately 22 feet from the property line. Code purposes of providing setbacks between structures will continue to be met, even with the reduced setback. NOTICE OF DECISION VAR 97-0020 - OAK KNOLL CONSTRUCTION VARIANCE PAGE 2 OF 4 There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district. The approved subdivision (SUB 94-0005) did not place any additional setback requirements beyond the minimum zoning setbacks. The Amesbury Heights plat, restriction number 3 states; "there shall be no structures, fences, or gates within the public storm, drainage and sanitary sewer easement and public facilities maintenance access easement across a portion of Lot 40, there shall be no vehicle parking within said easement, and building setbacks for Lot 40 shall be measured from said easement line." This lot is the only lot within this subdivision that has such a utility easement and setback restriction from said easement. Therefore, this situation is unique only to this property. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land. The requested variance would not affect the permitted use status of the single-family residence. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title. The requested variance will in no way affect existing physical and natural systems as all subdivision improvements have been approved through the subdivision review and approval process. The setback is applicable only to a reduction in the side yard setback. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The applicant states that the hardship is not self-imposed as they did not create the utility easement or the plat restriction. The reduction in the setback is the minimum variance necessary to allow the lot to be built on under the original standards which it was reviewed and approved, while at the same time ensuring that the utility easement remains free from obstacles. This criteria is, therefore, satisfied. V. OTHER STAFF COMMENTS No other comments or objections have been received. VI. AGENCY COMMENTS No other comments or objections have been received. NOTICE OF DECISION VAR 97-0020 - OAK KNOLL CONSTRUCTION VARIANCE PAGE 3 OF 4 VI1. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON MONDAY DECEMBER 29, 1997 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.340 of the Tigard Community Development Code which provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR PILING OF AN APPEAL IS 3:30 P.M.4N DECEMBER29, 1997. Questions: If you have questions, please call the City of Tigard Planning Division, City of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. December 17. 1997 PREPARED BY: William D'Andrea DATE Associate Planner December 17,'1997 APPROVED BY: Richardk , ersdorff DATE Planning Manager I:\CURPLN\W I LL\VAR97-20.DEC NOTICE OF DECISION VAR 97-0020 - OAK KNOLL CONSTRUCTION VARIANCE PAGE 4 OF 4 ~eaue~ b0 ~suo OAou,N~O 0900-16 NVA dir", NOlSW09MIN J _ NVid Q~jLt I . Ys MUM 311S 1j r. 5 91'53 1 _ ' ~ 95 OD' ~ ~ r~_1 I MAIN FL OOR EL.:341 0' '159 t '09 PO Memo 99 f ~ ~ t ONC. f f "C v I /1J o DntvFWAr ` r ~xhy's' ' A ! N fJSQf) A.S.t.1 el'f•F ??:Di 't1k e`°_ ftoft WRIER $ 76at w Is •.q fit' • a .'1 ,({1 os" Mp tEA _ 71.19• ^lY •Y^S°"~' 'i'Y of.{TY•` 'f~ -S. 31,WAIS Z== 9 7q~tyQkt+,'fitft7 z.5`'µ-f9 ~'~h R1iI15i7".. i2~ r 4 t rA'.,~+y,'' C~~ 1 VC)~'~ 0}'.'Y:~, *1 e' .F3S e f Li rx F F 7 w~ si s~rr:~$tuu u.. +a ~6 y '•9 f J~ s,~. w. 1'Jx 1 ~ .a f t,r J::. ~4; t > a Ter s*rr.,,s .zw" 3 ~{jv,I"; ,~,'~{~StaF ~4+: ~ ~tv+7~L S• c r.. .t'1.. l4 fit ia,~L u'~..~t<•S#~v~ r G 7,t T~tsjt p13k.•v`K IL-,cv:~u nctr+irtt~ 7Wta5.5 FAC DES U13LfC S.O.E. S.S.E EA fSEMENT TDAff,ECi C E ACCES S OF TICARD - - CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP TIGARD PLANNING DIVISION VAR 07-0020 Oat Knoll Const Co. Varlanc TFI SW I AU w F=- WHITE pQ` N~ M W t C9 r co Q O r S IDGE T R Sw L Q~ N M BEN 0 100 200 300 400 Feet 1'= 302 feet "1 o iN Z r to j Qv g City of Tigard. should be Ye~M map Is for general locallon o* and NCHVIEW PQ- irdorrnabon ,t 13125 SIN HBO Blvd ` (n Tigard, OR 4)713 (5039) 0344171 cttigazdor_m Communitv Development Plot date: Dec 17.1997: c:\maaic\maaicdd.aor EXHIBIT B Lone Mountain Construction Summit Crest Partners, LLC 1315 NW 185th Ave., Ste. 194 8465 SW Hemlcok St. Beaverton, OR 97006 Tigard, OR 97223 Etchemendy, Paul M. Etchemendy, Paul M. 13255 SW 132nd 13255 SW 132nd Tigard, OR 97223 Tigard, OR 97224 David Hubbs Oak Knoll Construction, Inc. 4035 Douglas Way Lake Oswego, OR 97035 vAM-7- ood-0 AFFIDAVIT OF MAILING CITY OFTIGARD Community (Dewtopment ShapingA Better Community ,STATE OAF O(UGO-W ) County of Washington ) ss. City of TWard ) I, Susan K weber, being first duly swom/affirm, on oath depose and say that I am an Administrative Specialist I for the City of Tigard, Washington County, Oregon. ❑ That I served NOTICE OF (AMENDED PUBLIC HEARING FOR: man woe pt~ owl {text ba bury ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council That I served NOTICEOF.(AMENDED DECISION FOR: ieMeeb~w.wee+erl City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED FINAL ORDER FOR: (Cbffl* raraueawn) ❑ City of Tigard Planning Director .0 Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A.copy of the PUBUC HEARING NOTICE/NOTICE OF DECISION/NOTICE.OF FINK ORDER/OTNER NOTICE[S] of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), merM EKbIbit "B", on the ^ day of _ flP,CeMW 1991, and deposited in the United States Mail on the lPT" day of De&-mbw 1991, postage prepaid. [Person that Prepared Notice]. Subscribed and sworn/affirmed before me on the ~ day of 19&. OFFICIAL SEAL LAX DIANE M JELDERKS NOTARY PUBUC•OREGON COMMISSION NO, 046142 NOTARY PUi B~U C OF 0 nA aim 6 MY COMMISSION EXPIRES SEPTEMBER 07 1Q99 MY Commission EKPg y 99 RLEINF0. ® Off, Mo"_' UUMM vPf12g1.00P1D C~EEIIW~L Cot'SS 2ckmo~J VMrw Ce- CITY OF TIGARD PROPOSAL DESCRIPTION % FILE NO: (SITE DEVELOPME T REVIEW ® (VAR) 97-0020 FILE TITLE: Oak Knoll Construction OWNER: Oak Knoll Construction)Oh.e, APPLICANT: Same 4035 SW Douglas Way Lake Oswego, OR 97035 (503) 635-2660 REQUEST: A request for Variance approval to allow 02 foot setback from a public utility easement, wheree subdivision plat states that the side yard setback shall be measured from the ease t. J APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.134. LOCATION: 13203 SW Wellington Place (WCTM 2S1 4DB, Tax Lot 4000). South of SW Rockingham Drive and west of SW 132nd Avenue. ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single -family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. CIT: West CHECK ALL WHICH APPLY: X STAFF DECISION: COMMENTS DUE BACK TO STAFF ON 1997 _ PLANNING COMMISSION DATE OF HEARING: TIME:7:30 _ HEARINGS OFFICER DATE OF HEARING: TIME:7:00 CITY COUNCIL DATE OF HEARING: TIME:7:30 ATTACHMENTS X VICINITY MAP _ LANDSCAPING PLAN X NARRATIVE _ ARCHITECTURAL PLAN X SITE PLAN OTHER: STAFF CONTACT: Will D'Andrea - 639-4171 x315 VARIANCE .APPLICATION 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD PRE-APP. HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: / Property Address/Location(s): 13,2,1 3 USE ONLY:; s ~ooo Case No (sj Tax Map & Tax Lot #(s): 2 <,~D Other Case No.(s): • :<<::: Receipt No:;:.. Site Size: Application Accepted Date:::jjL:-,ZOI.:''.``:'`:;;:;;: Property Owner/Deed Holder(s)°: v~,r Kn/taGL co.~sPrzucTion! G35-.2~~0 <o w 5 u 7 ) 5 GAGA-S G✓ o/-0o0 Address: 3 Phone: ~ << City: « oswrc~o , 02 Zip: 9~o3S Date Determined 76B& Comp ete::: 5 lot7v . M DA'CJC. fEvLiB ~ 62 OF DA-K A.JoG L Applicant. Comp Plan/Zone. Designation:?:: ' Address: Phone: ty: City: Zip: P: When the owner and the applicant.are different people, the applicant must be the purchaser of record or a lessee in possession with written » R&. erzsise::iiu;iri;asie~s~~a:ao . 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 form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request permission for a Variance to the following provision(s) of the Community Development ✓ Application Elements Submitted: Code (please be specific): 14:.eovis.o~-J Application Form ~04 Owner's Signature/Written Authorizatio oa A ~L,4~ 4o7-' Title Transfer Instrument or Deed Site/Plot Plan (81/,-x 11 of copies based on pre-app check list) p Applicants Statement ~ee of copies based on pre-app check list) Filing Fee (Administrative) $545..004 (Flexible Setback) $390.00 (Hearing's Ofticer).......... $535.00 (Sign Code) ....................$535.00 (Subdivision) $505.00 . 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: i ,t/o o7~iL. (/~jr2iE~vc~ ip~vEST 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 props t. • 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. Pr- DATED this day of ©eee>w'g to 19 9 7 n T I AA (r pv own--'- Si' ure Cpl Owner's Signature J '7 Owner's Signature Owner's Signature 2 C~':I '4'1` L>r a6~'1 LJI' i~'G~4'i+lh:_P~d't 4~1~L;~..a l' # I~if.►w "'~.}'i :;t:# ~ t_' i t I7 "I t»41R'! > ! i e 0 0 0-41, i'IrOLL_ CXti'~IS RUC T ION !;N t:Ad;H AIhUUN! ilS`,t~r?i_ y 403'., DOL!Ut..AS Ir!►- Y PAYML.N't UA # t, Ar'.'~;l~.i L.!~I~IW l)<:;WI :taL) O ~LJM T V 11~1LIN R:•'ov1 ,ILn0 I A!'riCiUN"I PA ID Pl.!IRPL)bin Of- P}WML:M't NAILIN { f }.t Yi rn'i ~umm v>rri rgluucruua ROCORO1No REQVESTeO By FAceury NATIONAL TITLE? COMPANY pF ORe001Y GRANTOR'S NAME Summit Crest Partners, L.L.C. GRANTEE'S NAME Oak Knoll Construction, Inc. SEND TAX STATeMeNTs To: Oak Knoll ConstruCtion, Inc. 4036 Douglas Way Lake Oswego, OR 97036 AFTER RECORDING RETURN To; Oak Knoll Construction. Inc. 4035 Douglas Way Lake Oswego, OR 97035 STATUTORY WARRANTY DEED Summit Crest Partners, L.L.C., an Oregon Llrnited Liability Company, Grantor, conveys and warrants to Oak Knoll Gonstrucdon. Inc., a Oregon Corporat aii, Grantee; the following described real property, free and clear of oncumbrance$ except-es specificafi set'forth below, Situated In the County of Washington, State of Oregon, Lots 40 and 41, Amesbury Heights, in the City of Tigard, Washington County, Oregon Subject to and excepting: Easements. Covenants. Conditions and Restrictions of record. Assessments of the gmesbury Haight Homeowners Association as set forth on the plat. 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 PLANNING DEPARTMENT TO VERIFY APPROVED USES ANC) 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 6122,000.00 (See ORS 93,030) DATED: November,'1997 Summit Crest Partners, L C., a Limited Liability Company Steven O. Dalton I OFFICIAL SEAL STATE OF OREGON GNlRYL CRIMEA/ NOTARY PUOLIC-CIAEGON COUNTY OF 7r COMMISSION No. 0T=4 MV COMMISSION EXPIRh$ APRIL 90. 190 T '8 ' etrumrant as ackn lad c before me on by / _ - as of - r NOTAAV UB{ 1 OA Ep N MY COMMIS31 l;XPIRE , FORO-313 (Rov Z13W STATUTORY WARRANTY DEED - I December 16, 1997 CITY OF TIGAR® OREGON David Hubbs - Oak Knoll Construction, Inc. 403 oug~asWay _-Lake Oswego, OR 97035 Re: Notice of Complete Application Dear Mr. Hubbs: This letter is to inform you that your application for Variance Review (VAR 97-0020) is considered complete and has been accepted by the Planning Department. If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea Associate Planner, AICP i Acurpln\wi11War97-20. U c-- - -VAR-97-0020-larkd use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 OAK KNOLL CONSTRUCTION, INC. December 16, 1997 Mr. Will D'Andrea Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 RE: Variance application (VAR 9-0020), Information necessary to complete processing of application. Dear Mr. D'Andrea, 1. The proposed variance will not be detrimental to the criteria for variance approval. Furthermore, it will not be in conflict with the policies of the city's comprehensive plan, or other standards, nor to other properties in this vicinity. 2. A special circumstance exists by way of the drainage/maintenance easement along with the lot's northerly and westerly boundaries. As the applicant, we had no control over the existence of said easement. To our knowledge, no other lot in this immediate vicinity is impacted by similar circumstances. 3. The residential use proposed will be the same as permitted under the aforementioned criteria and the city's standards will be maintained to the greatest extent that is reasonably possible while permitting economic use of the property. 4. Existing physical and natural systems, such as but not limited to traffic, drainage, land forms, or parks will not be adversely affected any more than would occur if the development was not given the subject variance approval. 5. The hardship is not self-imposed and the variance requested is the absolute minimum variance dimension to alleviate the hardship. Thank you for your continued cooperation in this endeavor. Sincerely, David L. Hubbs, Gen Manager Oak Knoll Construction, Inc. 4035 DOUGLAS WAY, LAKE OSWEGO, OR 97035 PHONE: 503.635.2660 FAX: 503.635.2675 AML December 11, 1997 CITY OF TIGARD OREGON .per David Hubbs " Oak Knoll Construction, Inc... 403,5 Douglas,Way.: Lake-Oswego OR 97035 - '✓Re: Notice of Incomplete Application Submittal . . Dear Mr. Hubbs: _ . The Planning Division has conducted a preliminary review of Variance. (VAR) 97-0020, an application for-a setback variance, and have found that _ certain application materials were not provided with the submittal. . The` Planning Division' is'unable 'to continue processing this application pending submission of the following items and plan notes: 1. Narrative addressing the variance "approval criteria 'of Section 18.134.050 of the Tigard Community'Development Code.--A copy of the approval criteria was faxed to you on December-1, 1997..:.:_:.._ ' . If you have -any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea Associate Planner, AICP I:\curp1n\M1\var97-20.Itr 7c VAR.97.-0020.1and_usee . _ . . .e ,..7 . -ra sxd a-r(k vp,~..ti -_.ao § e ~ yy,:. .H......• _-y , _ . 9: 'i.. ` - 13125 SW Hall Blvd.''Tigard,'OR 97223 (503) 639-4171 'TDD (503) 684-2772 s _ ..s •K:}. yY.. w:c:w+rs - ix. .Fa. _ _r.n. s..w. a. •t ;.a..`f_. .,'t:4 •.ae_:aa` OAK _ MOLL CONSTRUCTION, INC. December 2, 1997 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 RE: Request for variance to side yard setback, 13203 SW Wellington Place, Tigard, OR, Lot 40 of Amesbury Heights. To Whom It May Concern: Oak Knoll Construction respectfully requests a variance to the westerly side yard setback from 10' to 2'. If the variance is granted, the house will sit 22' from the actual side yard property line. As shown on the attached site plan, there exists a 20' SDE/SSE easement on the north and west side of the lot. Within that easement, a 12' wide asphalt road exists that has been built to the outermost edge of the easement, against the property line. The remaining 8"of unpaved (or to be landscaped area) land exists between the roadway and the easterly edge of the easement. We feel that given the practical buffer that exists between the proposed house placement and the paved roadway (within the easement) is not a physical problem. Brian Rager of the city engineer's office has agreed that our subject request is acceptable to his department. Mr. Buersdorf of the planning department indicated in a telephone conversation yesterday he conferred with Mr. Rager and had come to a similar affirmative conclusion. The other setbacks will not be affected by this request. If this application or narrative does not meet with your criteria for thoroughness, please contact me at (503) 701-0004. I reciate the cooperation we have been given in this application process. Sin el , David L. Hubbs, Gener 1 Manager Oak Knoll Construction, Inc. 4035 DOUGLAS WAY, LAKE OSWEGO, OR 97035 PHONE: 503.635.2660 FAX: 503.635.2675 MY OF 11GARD OREGON SETTING THE STANDARD FOR SERVICE EXCELLENCE y Facsimile. To: DA\J Company: Phone: Fax: (o j ' From: Company: City of Tigard _ Phone: (503) 639-4171 Fax: (503) 684-7297 Date: /0// Pages including this page: 'z COMMENTS: Q ✓ / VV d✓ F ACT ~C 7. C-~ Aee& 7 G ~ i l" v,E v Ar57. City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 PLEASE DELIVER THIS FAX IMMEDIATELY " • TIGARD MUNICIPAL CODE ; 1. No changes are made on the original the development were located as specified in the variance plan as approved by the Director; title; and 2. The applicant can show intent of 5. The hardship is not self-imposed and initiating construction on the site within the one the variance requested is the minimum variance year extension period; and which would alleviate the hardship. 3. There have been no changes to the B. The Director shall approve, approve with applicable Comprehensive Plan policies and modifications, or deny an application for an access ordinance provisions on which the approval was variance in accordance with the criteria set forth based. in Section 18.108.150. C. Notice of the decision shall be provided to C. The Director shall approve, approve with the applicant. The decision of the Director may be modifications, or deny an application for a appealed by the applicant as provided by Section subdivision variance subject to the criteria set 18.32.310.A. (Ord. 90-41; Ord. 89-06; Ord. 83-52) forth in Section 18.160.120. (Ord. 89-06; Ord. 83- 52) 18.134.050 Criteria for Granting a Vanance. - 18.134.060 Application Submission A.' The Director shall approve, approve with Requirements. conditions, or deny an application for a variance - based on finding that the following criteria are A. All applications shall be made on forms satisfied: provided by the Director and shall be accompanied by: 1. The proposed variance will not be.: materially detrimental to the purposes of this title, 1. Copies of the variance site plan(s) and be in conflict with the policies of the necessary data or narrative (number to be comprehensive plan, to any other applicable determined at the preapplication conference), policies and standards, and to other properties in which explains how the development conforms to the same zoning district or vicinity; the standards: 2. There are special circumstances that a. Sheet size for a variance site plan exist which are peculiar to the lot size or shape, and required drawings shall preferably not exceed topography or other circumstances over which the 18 inches x 24 inches; applicant has no control, and which are not applicable to other properties in the same zoning b. The scale of the site plan shall be an district; engineering scale; and 3. The use proposed will be the same as c. All drawings of structure permitted under this title and City standards will elevations shall be a standard architectural scale, be maintained to the greatest extent that is being 1/4 inch or 1/8 inch; reasonably possible while permitting some economic use of the land; 2. A list of the names and addresses of all persons who are property owners of record within 4. Existing physical and natural systems, 250 feet of the site; and such as but not limited to traffic, drainage, dramatic land forms, or parks will not be 3. The required fee. adversely affected any more than would occur if 18-134-2 Reformatted 1994 12/01/97 12:15 $503 684 7297 CITY OF TIGARD Q001 ffi:k :k:fi :k ~ ~ :fi 3::k :R :5:k ~k :Y• ~::k 3: ~ xc :h ACTIVITY REPORT ~a TRANSMISSION OK TX/RX NO. 6834 CONNECTION TEL 503 635 2675 CONNECTION ID START TIME 12/01 12:14 USAGE TIME 01'13 PAGES 2 RESULT OK C11Y OF TIGARD 019GON SE7TING 7IIE STANDARD FOR SERVICE EXCELLENCE Facsimile. To: DA\J It, Company: Phone:. Fax: From: Company: City of Tigard _ Phone: (503) 639-4171 Fax: (503) 684-7297 Date: Pages including this page: 'zf COMMENTS:, aA ~ r 9 C-f 12/01-97 12: 14 $5 .5(13 607297 CITY OF TIGARD 0 Z001/002 CITY OF TIG 3D oREC~~a SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile. To: DAA t IAO~.~~r Company: Phone: Fax: r From: p _&K11 Company: City of Tigard Phone: (503) 639-4171 Fax. (503) 68472'97 Date: Pages including this page: COMMENTS: r 0 VEX, i, bv42 L) /Z) R64pVlAr .14 c r c/ / - 42 i%7 City of Tigard. 13125 SW Hall SNO-, 719a 0. OR 97'223 PLEASE DELIVER THIS FAX IMMEDIATELY 12/01/97 12:14 V503 607297 CITY OF TIGARD ie 0002/002 TIGARD MUNICIPAL CODE 1. No changes are made on the original the development were located as specified in the variance plan as approved by the Director; title; and 2. The applicant can show, intent of 5. The hardship is not self-imposed and initiating construction on the site within the one the variance requested is the minimum variance year extension period; and which would alleviate the hardship. 3. There have been no changes to the B. The Director shall approve, approve with applicable Comprehensive Plan policies and modifications, or deny an application for an access ordinance provisions on which the approval was variance in accordance with the criteria set forth based. in Section 18.108.150. C. Notice of the decision shall be provided to C. The Director shall approve, approve with the applicant. The decision of the Director may be modifications, or deny an application for a appealed by the applicant as provided by Section subdivision variance subject to the criteria set 18.32.310.A. (Ord. 90-41; Ord. 89-06; Ord. 83-52) forth in Section 18.160.120. (Ord. 89-06; Ord. 83- 52) 18.134.050 Criteria for Granting a artance. 18.134.060 Application Submission A.' The Director shall approve, approve with Requirements. conditions, or deny an application for a variance based on finding that the following criteria are A. All applications shall be made on forms satisfied: provided by the Director and shall be accompanied by: 1. The proposed variance will not be.. materially detrimental to the purposes of this title, 1. Copies of the variance site plan(s) and be in conflict with the policies of the necessary data or narrative (number to be comprehensive plan, to any other applicable determined at the preapplication conference), policies and standards, and to other properties in which explains how the development conforms to the same zoning district or vicinity; the standards: 2. There are special circumstances that a. Sheet size for a variance site plan exist which are peculiar to the lot size or shape, and required drawings shall preferably not exceed topography or other circumstances over which the 18 inches x 24 inches; applicant has no control, and which are not applicable to other properties in the same zoning b. The scale of the site plan shall be an district; engineering scale; and 3. The use proposed will be the same as c. All drawings of structure permitted under this title and City standards will elevations shall be a standard architectural scale, be maintained to the greatest extent that is being 1/4 inch or 1/8 inch; reasonably possible while permitting some economic use of the land; 2. A list of the names and addresses of all persons who are property owners of record within 4. Existing physical and natural systems, 250 feet of the site; and such as but not limited to traffic, drainage, dramatic land forms, or parks will not be 3. The required fee. adversely affected any more than would occur if 15-134-2 Reformatted 1994 11/26/97 10:00 $503 684 7297 CITY OF TIGARD Q001 ERROR TX REPORT ssx TX FUNCTION WAS NOT COMPLETED TX/RX NO. 6771 CONNECTION TEL 5901052 CONNECTION ID START TIME 11/26 10:00 USAGE TIME 00'00 PAGES 0 RESULT NG 0 #018 CITY OF TIGARD OREGON SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile. To: T)A\J_lt) Company: Phone: Fax: r' From:' Company: City of rgaid Phone: (503) 639-4171 Fax: (503) 684-7297 Date: 1 `7 Pages including this page: Z COMMENTS: vn1 10 1 7 r A"Z /n -n ~7/•?,~1,% JS 5 rC7 From: "Brian Rager" . To: will@ci.tigard.or.us Date sent: Tue, 25 Nov 1997 11:59:34 +0000 Subject: Re: lot 40 Send reply to: brian@ci.tigard.or.us Priority: normal -I talked to Dave Hubbs yesterday and I told him that I was not real uptight about the width of the setback ( I had actually assumed it would be 6). If you allow an overhang into the 5' setback, then I think that is plenty generous. Hubbs was trying to getime to go with 2' setback. That Would be OK a§ well BUT 1 would say no overhang with that small of a setback. Thanks. `~ZcvG-r4~-C~cae- > From: "Will D"Andrea" <WILL.COT> > To: brian > Date: Tue, 25 Nov 1997 11:51:36 +0000 > Subject: lot 40 > Reply-to: will@ci.tigard.or.us > Brian, I'm trying to figure out what to do with this lot. Is there a > minimum setback that you had in mind from the easement (5 ft, with > overhang?)? I also noticed the garage is not setback 20 feet from > the easement line. I'm not sure this is variance material but maybe > some reduction of the setback is ok. please call me when you get a > chance. Will. Will D"Andrea 1 Tue, 25 Nov 1997 12:29:43 From: "Mark Roberts" <MARKR.COT> To: Will Date sent: Fri, 21 Nov 199711:25:35 +0000 Subject: Amesbury Heights Send reply to: markr@ci.tigard.or.us Please call Mike Van Loo with Alpha Engineering at 452-8003 regarding possible setback variances for Lot 40. This lot is a flag lot that adjoins a storm drainage easement. The developer David Hubbs designed a home without apparently considering either flag lot standards or Note 3 on the plat that requires the building setback to be measured from the edge of the storm drainage easement. Mike wanted you to set up a meeting with him, Mark Ferris, Brian and you ASAP. Possibly there is some history I don't know here but a variance to setbacks is questionable. I told David Hubbs that if he'd of researched this issue he could have designed a house to meet the standards, he seemed to agree. However, this does appear to be a unique situation-within this project. I spoke with Brian about this and he said he didn't have a specific setback in mind but wanted a separation between the maintenance road and the new home due to complaints they'd had on other sites. It seems like reducing the 10 foot flag lot, sideyard to a five foot setback with a possible roof overhang into this area might not be enough distance. Reducing the other sideyard setback to five feet also seems questionable give Citywide flag lot standards. Will D"Andrea 1 Mon, 24 Nov 1997 08:14:40 lo- - \ X39 0~ 82.32' l V t 27 C46 9,542 SF o • C47 60.27' .2 AS J~ \ y0 • o. 7 3.61 4.00 c., GOV. Xro Z N p 26 61G,~ oo. 2664 as N o 3,984 $F 33 32 7,717 SF ^ 7,581 SF Do ~o~ Q` N~ ss.s N 89'33'08' W yl 43 9,651 SF i,► c~ O S 83'0J-37* S.D.E. G1 2 6 0~O G66 ~O j0 0 0' 34 N Off. Gbh 0~ N -A ~A c 8,499 SF '}6' 6 co O 01 h~ 44 N 119.05' o+• 8,265 SF D N 89'33'08' W h C7 N w 'T 'p, , 42 m 00 o 41 ■ r c o 161. O oti 8.338 SF v 0 8 1 22.00 22.00' o° 4 S4 10.00' WIDE PRIVATE 35 0 Gp~ oo S.D.E. FOR THE N 3 N 8,184 SF n • BENEFIT OF LOTS 45 AND 45 IN n , 8,265 SF 100. to ip 8.68 104.58' `03,0~~ w 0 N 89'33'08" W H GS 10'p0, ^o Aa p g (R)?0 V) rn 10.00' 41 00. o w (R~ 7,576 SF N v Ft 50. ■ 36 7,589 SF N 46 W 0 3~ N~, Sr o 8.294 SF 145.5 E (R) h ~3~49' O E N N 76'18'27 7119• csj 6 G~j~Oro'. H s 3 706 0S 0 .11' o i 7 2 C5 . ~~N1236 co^ o N 76.182 838• 3673. ~p26, Zo. 77~23'4g• 00 W (R) 3 ~ 37 V WIDE PUBLIC do PUBLIC S.S.E. 3 40 N N 39 c N ~i -0 8.998 SF w Lo. u) 47 0 a ` 11,884 SF 0 8.507 SF o 38 8.696 SF 'o to 0 7.524 SF n O 0 I Z 2 o z ~ 109.02' 20.00' c 95.00' 69.01' 115.00' 60.00' (HELD) 971.49"-•j--20.00' WIDE PUBLIC S.D.E., S.S.E.. FOUND 5/8' IRON ROD AND FACILITIES MAINTENANCE ACCESS WITH YELLOW PLASTIC EASEMENT TO THE CITY OF TIGARD. DEED DOCUMENT SEE PLAT RESTRICTION NO. 3. DEED DOCUMENT NC" E. 1.38' 'OTAK NO. 78047374 NO. 82029589 Qw r CAP INSCRIBED "ALPHA` ENG., ZINC.".L.L.V vw • Q 5/8 x 30 IRON ROD WITH &INUM CAP INSCRIBED 'ALPHA ENG. INC.' TO BE SET IN MONUMENT BOX IN STREET WITHIN THE TIME SPECIFIED IN THE SURVEYOR'S CERTIFICATE. SET ON • 5/8" x 30' IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED "ALPHA ENG., INC." TO BE SET WITHIN THE TIME SPECIFIED IN THE SURVEYOR'S CERTIFICATE. SET ON S.D.E. STORM DRAINAGE EASEMENT S.S.E. SANITARY SEWER EASEMENT (R) RADIAL BEARING BASIS OF BEARINGS AND BOUNDARY DETERMINATION E PER SURVEY NO. 25.922, WASHINGTON COUNTY SURVEY RECORDS. NOTES: 1. AN 8.00 FOOT WIDE PUBLIC UTIUTY EASEMENT SHALL EXIST ALONG THE FRONTAGE OF ALL TRACTS AND LOTS ABUTTING PUBLIC STREETS. 2. THERE SHALL BE NO MOTOR VEHICLE ACCESS ONTO S.W. 132ND AVENUE FROM LOTS 32, 34 THRU 37. OR TRACT 'A". 3. TRACT "A' IS SUBJECT TO A PUBUC STORM DRAINAGE EASEMENT OVER ITS ENTIRETY. 4. SUBJECT TQ.,CONDITIONS, COVENANTS AND RESTRICTIONS AS RECORDED IN DOC. NO. 7703741 WASHINGTON COUNTY DEED RECORDS. THIS SUBDIVISION IS SUBJECT TO THE CONDITIONS OF APPROVAL PER CITY OF TIGARD CASE FILE NO. 5U 8 9 y - cco 5 . PLAT RESTRICTIONS: 1. THERE SHALL BE NO STRUCTURES. FENCES, OR GATES WITHIN THE PUBLIC PEDESTRIAN ACCESS EASEMENT OVER LOTS 12 AND 30. BUILDING SETBACKS FOR LOTS 12 AND 30 SHALL BE MEASURED FROM SAID EASEMENT LINE, NOT FROM THE LOT LINE. THERE SHALL BE NO VEHICLE PARKING WITHIN SAID EASEMENT. 2. THE EMERGENCY VEHICLE ACCESS EASEMENT OVER A PORTION OF LOT 46 SHALL NOT BE USED AS ACCESS TO LOT 46. 3. THERE SHALL BE NO STRUCTURES. FENCES. OR GATES WITHIN THE PUBLIC STORM DRAINAGE AND SANITARY SEWER EASEMENT AND PUBUC FACILITIES MAINTENANCE ACCESS EASEMENT ACROSS A PORTION OF LOT 40. THERE SHALL BE NO VEHICLE PARKING WITHIN SAID EASEMENT. BUILDING SETBACKS FOR LOT 40 SHALL BE MEASURED FROM SAID EASEMENT LINE. SHEET INDEX SHEET 1 OF 3 LOTS 1-20, BASIS OF BEARINGS AND BOUNDARY DETERMINATION, 'G IS A TRUE PLAT RESTRICTIONS. NOTES. INITIAL POINT '#-MESBURY HEIGHTS". SHEET 2 OF 3 LOTS 21 - 47, TRACT W. CURVE DATA TABLE SHEET 3 OF' 3 DECLARATION, ACKNOWLEDGMENT. CONSENT AFFIDAVIT. SURVEYOR'S CERTIFICATE, INTERIOR CORNER MONUMENTATION STATEMENT, CITY APPROVALS. COUNTY APPROVALS SHEET .1 OF 3 247-004 1 -77 2267G BY OAK KNOLL CONST. CITY OF TIGARD. AMESBURY HEIGHTS LOT 40 ~nl ( 11,864 SO. FT) S 89'53'55' E Ir-- - - - - - 95.00' m u I----------N ------------------I N I I • µ (33'-0" I 10'-O" j i I LA I ~ I O O OI 1 MAIN FLOOR I 22'•0 ° N o ITn I El--H99.6' r m o I Inl N o I ~ I I ! ~lv, I I o N I I I Q Im I I tt I ~ i rn 1 I I I I Q I GE' I N El. n I Y I I g 1.5 I I 1~ I D~ i ,D. O.; 20'.0. I s3 \ T ` co w a'" ~ C 11 . i I I - W bRIVEWAY "'"t ~ 3 ~ n' I ~ 13500 P S71 orv cot cl) w I- s ~ N[ sY~Yy 1~(~ pn' ~ yl. ~ 3 / r I 1/W 145.53 - -27 cz~ - 7 -s l 20' WIDE PUBLIC S.D.E., S.S.E.. AND FACILITIES z EASEMENTTOA ACCESS THE CITY OFTIGARO 11/04/97 MRR a S. W. WELLINGTON PLACE 3 0 ALAN MASCORD DESIGN ASSOCIATES. INC, IS NOT LIABLE FOR THE ACCURACY OF THE - 3 TOPOGRAPHY INFORMATION. 17 6 THE SOLE v RESPONSBtNY OF THE BUILDER TO VERIFY io ALL SITE CONDITIONS. WCLUDW ANY FILL . c PLACED ON THE SITE AND INFORM OWNERS . OF ANY POTENTIAL FIELD MODIFICATIONS. ALAn [IA/CORD DCfIIn A110CIATCf In " 0 z I SCALE t" 20 0" +')nr AIIAN ,RTU AvFNLIF PnRTI ANn ORFGON 97209 (503) 225-9161 1 2267C 15, 15 OAK ICNO« CONST. r - . AME ITY OF Tlgq S 6g.5 3,s5{ , S6Ugy HEIGHTS ro I 9~ o f zo3 =61) LOT 40 r' ~ ti., I Ir_,````-__ N 3p4 ~1r884s0 ~JP< I//7 q ' 33,. . >r I 9` 1 w I5 1 I ~ I MAIN F 1 I E1.:34 j0~R I :moo } I _ NIA I rn N Oo I ~ I O Im I rn tI o 1 ?I ° v IIX a 10"o. z, R E + b El.. 0. m w I 1 y34 I Q? I 1 I 4' CONy I o ORIV 35pEW I I 1 l 0 6 P.S.II wA le METE S 76°18'27" W Q' Q-`3/d' WATER 71.19' 1 - - r DESIGN ASSOCIATES WFoRM~ ACCN.' W WD ~ O ri i OF rRE WF<<' " - - IiONS, I Sworn rp SOLE L.ION - 30 ct VERIFY PC _ 1 FIELO MOOURM owF~s A CE 7V27'o7 -14 5 53 ! 9 CATIONS' 1 7~ Q 0 Q p p ~~3G ~ . WIDE PUBLIC 8 SSE Ty EASEMENTS MAINt ID.NC • AND AVENUE. PpRTLAND Q l 0 C I TO THE CITY °F TRESS OREGON TFf ARD 91208 , (503) 225-9161 '1126197 MRR O GEOGRAPHIC INFORMATION SYSTEM NOTIFICATION AREA TIGARD PIANNING DIVISION VAR 91-0020 Oak Knoll Const Co. Varian w Q w Q~ > F=-- WHiTEA, ~ O~ N M t z C~ m r fn z IDGE SW Y L ~ I cc C;P- CO 0 100 20O 300 400 Feet P= 302 feet ~LN L 2 >i City of TiOzi, ~`wG_O~ SW B N C H V I EW hdommbon on this map Is for general location only and G `K_V should be YerHbd wtth the Development Services Dkftbn. 13125 SW Kell Blvd Tigard. OR 9 9 (503) O 839.4171 171 2 ~ (503) ht p:1&ww.d.tlgard.or.us Community Development Plot date: Dec 17. 1997: c:\maaic\maaicdd.aQr