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VAR1998-00009
EXHIBIT A NOTICE OF DECISION VARIANCE 98-0009 ENGLER HEIGHT VARIANCE CITY OF TIGARnt Community (Devclopment Sha in ABetterCommuni 120 DAYS = 1/22/99 .SECTION I. APPLICATION SUMMARY FILE NAME: ENGLER HEIGHT VARIANCE CASE NO.: Variance VAR 98-0009 PROPOSAL: Obtain a variance to the 30 foot.maximum building height standard of the R-4.5 zoning district in' order to build a 44-foot high single-family dwelling. Although the height of the building from the street would be approximately 26.5 feet, the steepness of the lot results in a much greater building height as calculated per the Development Code. APPLICANT: Gerald Engler OWNER: Same 2100 NE Broadway Portland, OR 97232 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 dwelling units per acre. ZONING DESIGNATION: Detached Single-Family Residential; 4.5 Units Per Acre; R-4.5. Planned Development Overlay; PD. LOCATION: 13736 SW Benchview Place; WCTM 2S104DC, Tax Lot 900. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, Procedures for Decision Making; 18.50, R-4.5 Zoning District; and 18.134, Variance. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request SUBJECT TO CONDITIONS. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION VAR 98-0009 - ENGLER HEIGHT VARIANCE Page 1 OF 4 CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A SITE OR BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be M. J. ROBERTS, 1 PLANNING DIVISION (503) 639-4171.) 1. This approval is to grant a variance to the 30-foot maximum building height standard. The applicant shall apply for all necessary site and building permits prior to grading or construction on the subject site. 2. At the time of permit application, the applicant shall include a site-specific geotechnical report with the detailed building plans. The plans and geotechnical report shall be reviewed in tandem to determine the suitability of the site for the proposed construction and the adequacy of the'design given the site constraints. SECTION III. BACKGROUND INFORMATION Site History: The subject property is Lot 9 of the Benchview Estates subdivision. This planned development received land use approval in 1987 and the lot has remained vacant since that time. Vicinity Information: Benchview Estates is located in - the Bull Mountain area within the City - of Tigard. Southwest Benchview Place is located off SW Benchview Terrace, west of SW 132nd Avenue. The surrounding area is mostly developed and consists of low and medium-low density single-family residential housing. Site Information and Proposal Description: The lot slopes steeply from front to rear. The flood of 19,96 caused a.slide on the adjacent lot and on the subject property. A public utility service road created to the,south of the subject property as part of the subdivision encroaches on the lot and precludes re-grading. Based on the recommendations of the applicant's soils consultant and engineer, a house was designed to "fit" the unique. characteristics of the lot. Upon application for building permits it was determined that a variance to the building height limit of the underlying zone would be required for the proposed house. The applicant proposes a 44-foot high structure whereas, the R-4.5 zoning district sets the height limit at 30 feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Section 18.134.050 provides that the Director may approve, approve with conditions or deny an application for a variance based on finding that the following criteria are satisfied: NOTICE OF DECISION VAR 98-0009 - ENGLER HEIGHT VARIANCE Page 2 OF 4 • 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 subject property is an approved, platted subdivision lot. The Tigard Comprehensive Plan designates the property for low density residential use and . the Zoning Map designated the lot R-4.5. The R-4.5 zoning district allows development of single family homes on lots that are a minimum of 7,500 square feet. The subject lot is 8,600 square feet and the proposed use is a 'single-family home. The proposal 'is, therefore, consistent with the purposes of the Comprehensive Plan and zoning district. Further, it is staffs opinion that the proposal is not materially detrimental to the maximum building height standards of the Development Code because the code specifically provides for a variance procedure. For these reasons, therefore, staff finds that this criterion is met. There are special circumstances that exist which are peculiar to the lot size, 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 subject lot has unique topographic circumstances that do not apply to the majority of other properties in the area. The lot has a front to rear slope that is generally 2:1, losing 37 feet in elevation over a horizontal distance of 77 feet (measured along the south lot line). To the extent that the 1996 slide contributed to ,the current topographic condition, it should be noted that the applicant had no control over this event either. While grading would be a possible corrective measure, it is precluded on this lot by the encroachment of the service road at the rear of the lot. For these reasons, staff finds that the circumstances of the site are unique and out of the control of the applicant. Therefore, this criterion is met. 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. As. noted above, the proposed residential use is consistent with the Comprehensive Plan designation and zoning for the subject property. City standards will be maintained as much as possible in that the height variance request is the only modification to City standards proposed. Therefore, staff finds that this criterion is met. 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 by this title; The proposed height variance would affect only the height of the proposed structure. The greater height would not have any greater adverse effect on existing physical or natural systems than if the structure were built 30 feet high as required by the zoning. Therefore, staff finds that this criterion is met. The hardship is not self imposed and the variance requested, is the minimum variance that would alleviate the hardship. As discussed above, the reason for the variance request is the topography of. the subject lot which is not a self-imposed condition. Similarly, the applicant had no control over the 1996 slide. The applicant has acknowledged that a lesser variance would allow for residential use of the subject property (a one-story home; for example), however, this would be- out of character with the neighborhood., The street-front appearance.of. such a building would conflict with the character of the existing homes in the neighborhood- which are exclusively two-story. The proposed design has a height at the street of about 26.5 feet indicating that the additional height requested is only to compensate for the slope and not to build a house that would appear obviously. larger. In staffs opinion, the inability to enjoy the same type of dwelling. NOTICE OF DECISION VAR 98-0009 - ENGLER HEIGHT VARIANCE Page 3 OF 4 as other property owners in the same area may be viewed as a hardship. For the reasons stated above, staff finds that this hardship condition is not self-imposed. and, that the variance requested is the minimum variance that would alleviate that hardship. Therefore, this criterion is met. SECTION V. -OTHER STAFF COMMENTS The Enggsneering Department and Building Division have reviewed the proposal and have offered no comments or objections. Both . departments will have the- opportunity to review detailed site grading and building design proposals as part of the permit review process. SECTION VI. AGENCY COMMENTS Utility providers are provided with a copy'of this notice of decision. These agencies will be able to request that the decision be amended, or set aside if the requested setback variance would conflict with the provision of necessary services or with existing utilities. SECTION VII. 'PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at'City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: DATE OF FILING: OCTOBER 16 1998 THE DECISION SHALL BE FINAL ON MONDAY - OCTOBER 26, 1998 UNLESS AN APPEAL IS FILED. Appeal: Any part ~yy to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32170 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice are ven and sent. The appeal fee schedule and forms are available from the Planning gi Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON OCTOBER 26, 1998. Questions: If you have question, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503).639-4171. October 16. 1998 PREPARED B M. J. Robes DATE Associate Planner October 16. 1998 APPROVED BY: Richard Bew dorff DATE Planning Ma Pager i Acu rpl n\mj r\va r\va r9 &09. rpt NOTICE OF DECISION VAR 98-0009 - ENGLER HEIGHT VARIANCE Page 4 OF 4 Erosion - Control 7.5' Storm Easement Fence Sanitary Sewer Easement 92.86'_ 451' 8' Sidewalk 48 ' . _ _ • •l z Required . 488 ' "NOW BENCHVEW Setbacks U) PL. 20.2 Ft. 4 Sanitary . ' I Sewer \ r r % B' Storm Q I S' Sanitary, 62. Garage - 1 ~f FFE 48 ' I I Sewer' Z Deck / Glass Existing z Street Lame , 489' I Z 101, i 119 .60' .,.1 1' Waler / I ' Main Floor r7'88Ft•--.~ Q / FFE 491' Ft.' Eioslon p Deck Control \ I • fence 48.02 ! U. WANWR a90, 77.38' I V 1 ` 480' 470' 480 CASE MO[SI & CASE NWEISl: VAR 98-0009 sin PLAN + Ender 1 IT NEAP N Height SIB Variance p m CITY of HE Q r r GEOGRAPHIC INFORMATION SYSTEM U) O z O m o ~ VICINITY MAP S IDGE T R s VAR 98-0009 WTgMq. Y LN > Engler Nq Height CT CO Variance . W Q- Py . S`N O~ SW NC VIEW 5 PARCEL ~`O 6 co r • Z N P -l m WOODSHIRE LN G7 p o loo 200 300 400 Feet T- i o S M 1'= 302 feet LL m t~`o o W U) ~ N -o r Q~ City of Tigard G) Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639.4171 - http1h/ .6tigard.or.us Community Development Plot date: Oct 16,1998; C:\magic\MAGIC02.APR y /to-~~ f lea Yi~~~~ ( l o' P9 • EXHIBIT B "2S104DC-00800 2S104DC-01000 REA KERRY DOUGLAS & JAMIE TEICH ENGLER GERALD R & 412540 SW GLACIER LILY CIR 13754 SW BENCHVIEW PL TIGARD, OR 97223 TIGARD, OR 97223 2S104DC-01001 2S104DC-05500 ENGLER GERALD R & BENCHVIEW ESTATES HOMEOWNERS 2100 NE BROADWAY STE 28 8875 SW BVTN-HLSDL HWY PORTLAND, OR 97232 PORTLAND, OR 97225 2S DC<9722 TIGAR GERALD ENGLER 13125 2100 NE BROADWAY, SUITE 2-B T RD, PORTLAND, OR 97232 AFFIDAVIT OF MAILING .CITY OFTIGARD Community (De•velopment a SftapingA Better Community ,S7,A9`iE OF OUGON ) County of Washington ) ss City of Tigard ) 1, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ' D NOTICE OF DECISION FOR: L7 VAR 98-0009 - ENGLER HEIGHT VARIANCE AMENDED NOTICE (File NoJName Reference) 1Z City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: 2 AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FINAL ORDER FOR: AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission ? Tigard City Council NOTICE OF: (Ty*Kind of Notice) FOR: ED i (File NoJName Reference) (Date of Public Hearing, If applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached, marke Exhibit "A was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit" ',on the 16 day of October, 1998, and deposited in the United States Mail on the 16 day of October, 1998, postage prepai . er n tha repared otic Subscribed and sworn/a armed before me on the day of ' OFFICIAL SEAL • • . DIANE M JELDERKS NOTARY O42 NOTARY PUBLIC OF0 G COMMISSION NO. 046, 42 MY COMMISSION EXPIRES SEPTEMBER 07, t999~ ` My Commission Expires: 2 GLC PROPERTIeS INC. 2100 NE Broadway, Suite 2-B Portland, OR 97232 Mobile: 493-1761 Office: 282-7320 Fax: 284-1618 October 1, 1998 City of Tigard ohs ATTN: M. J. Roberts 13125 SW Hall Blvd ICJ ` Tigard, OR 97223 Dear MJ, The other day I wrote you a letter about the CC&R's of the Benchview Homeowners Assn. I just received the approval from the Homeowners Design Review Committee for my proposed plan. I have enclosed all the documentation that I gave them. As you can see it fully depicts the height at the rear of the structure. I you have any questions or concerns. Please contact me. Sincerel G raid R. Engler GERALD R. ENGLER 2100 NE Broadway, Suite 2-B Portland, OR 97232 Mobile: 493-1761 Office: 282-7320 Fax: 284-1618 September 28, 1998 City of Tigard ATTN: M.J. RE: VAR 98-0009 Dear M.J.: Last week I provided you with a copy of the deed to this property, along with the CC&Rs of Benchview Estates. After reviewing the CC&Rs myself,. it occurred to me that the height limitation discussed in them could lead you to believe that this variance is in violation of those CC&Rs. Believe me, it is not. The height limitation that they refer to is being interpreted as building heights of the front facade. I'm enclosing 12 photographs of houses in Benchview Estates, which had the same problem that I have. That is they slope so steeply in the rear that they have to exceed or come close to exceeding the height limitation as defined by the Tigard City Code and the 2 1/2 story limitation of the CC&Rs. The Benchview. Design Review Committee and the City of Tigard approved these houses. My house will be even higher in the rear than these because of the topographical condition of the lot which was dictated by the developers and the requirements of the City at the time the lot was originally constructed. Therefore, to enjoy the same amenity on my lot, that these other eleven lots enjoy, I too need to exceed the height limitation at the rear of the building. Sincere erald R. Engler \',,RIANCE APPLICATION ' 13125 SW Hall Blvd., Tigard, OR 97223 (503) 62;4171 FAX: (503) 684-7297 CITY OF TIGARD PRE-APP. HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: FOR STAFF USE ONLY;:;,,.:;; Property Address/Location(s): Z -J Case No (s) Val. Tax Map & Tax Lot #(s): 2 C / d y L, Other:;Case No.(s):.: 7-0070 T2 Receipt Na.; . 0 ' Site Size: ?-C9 A canes . Application Accepte . By: Property Owner/Deed Holder(s)•: Date t~D a Al Address: Z I O v~v ~ hoe. n a~b.ti Q ao~ City: -F>© %,t a_ Zip: 232- Date Determined To'Be Complete Applicant*: a wt e_._ - Address: Phone: Porn ` Plan/Zone: Desi9nation . P City: Zip: When the owner and the applicant are different people, the applicant CIT Area must be the purchaser of record or 'Rev: eris~ss rpi Ynastecs vanance,doc . oa 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 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 fora Variance to the following.provision(s) of the Community Development ✓ Application. Elements Submitted: Code (please be specific): . plication Form u01. ` [Owner's Signature/Written Authorizatio /I etc p~Title•Transfer Instrument or Deed f u~ p Site/Plot Plan (81/:"x 11")c e y / of copies based on pre-app check Ii Id ~ Applicant's Statement L. of copies based on pre-app a list) U4X Q Filing Fee (Administrative) ..............$545.0 (Flexible Setback) $390.00 (Hearing's Officer) $535.00 (Sign Code) ....................$535.00 (Subdivision) $505.00 Please... r,,,,OUTING UEST ead V andle To. lNk FF ❑ Approve And... ❑ F rward i turn ❑ Keep or Recycle ❑ Review with me From: ~v Post-IM 7664©3M 1995 Date: ~o ..teeerl fJ liwrr~Jfvr if Low rft.1, U • Vii/ _ `6kRIANCE APPLIfATION 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): f ~7 3e!!. Z-J FOR STAFF USE ONLY 9 A q Case N o. s v Tax Map & Tax Lot #(s): Other: Case, No. s Z GO o d T 2 g Receipt No. : Site Size: 2 © accpr'A Application Accepted By:. : '.Date:- Property Owner/Deed Holder(s)•: _ ae-vid,(vt Address: Z / D a A10 L1 V`bctoQtnJa ti phone: /2 ty ©t SLa- Zip: OA? (77 2-3Z--- Date Determined To'Be Comp ` te: Applicant*: - ` Comp Plantone: Designation:: , > Address: Phone: City: Zip: When the owner and the applicant are different people, the applicant ea must be the purchaser of record or a lessee in possession with written ;;::::';Ret!. sl2s/s8,; r1a,ry~nvriascgiswariaiice:doc . . authorization fro m 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): plication Form ua~ Owner's Signature/Written Authorizatio 14 le 1-C "Ov . 10 ~ - ~Title,Transfer Instrument or Deed . iii' e• c'/~ ❑ Site/Plot Plan (81/:"X 11 U of copies based on pre-app check Ii i p/Applicant's Statement L.t of copies based on pre-app~he list) Q( ❑ Filing Fee (Administrative) ..............$545.0 (Flexible Setback) $390.00 (Hearing's Officer) $535.00 (Sign Code) ....................$535.00 (Subdivision) $505.00 Please... OUTING &REQUEST ❑ Read [ ?Handle To: ❑ Approve And... ❑ Forward ED N_ p T [ Return ~ ~ $d1.~~ Ctl.f c.:dL~SS . ❑ Keep or Recycle ❑ Review with Me From: Post-it® 7664 03M 1995 Date: (JQ-6 CITY OF TIGARD Community (Development Sha in A Better Communit LAND USE PROPOSAL DESCRIPTION 120 DAYS =1/22/99 FILE NO: VARIANCE (VAR) 98-0009 FILE TITLE: ENGLER HEIGHT VARIANCE APPLICANT/ OWNER: Gerald Engler 2100 NE Broadway Portland, OR 97232 REQUEST: The applicant is requesting to obtain a variance to the 30-foot maximum building height standard of the R-4.5 zoning, district in order to build a 44-foot high single-family dwelling. Although the height of.the building from the street would be approximately 26.5 feet, the steepness of the lot results in a much greater building height as calculated per the Development Code.. LOCATION: 13736 S\1 Benchview Place; WCTM 2S104DC, Tax Lot 00900. ZONE: Detached Single-Family Residential, 4.5 Units Per Acre; R-4.5. Planned Development Overlay; PD. APPLICABLE REVIEW CRITERIA: Community. Development Code Chapters 18.32, 18.50 and 18.134. CIT AREA: Central CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: N STAFF DECISION DATE OF DECISION: MONDAY - OCTOBER 16,1998 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 PM CITY COUNCIL DATE OF HEARING: TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP K LANDSCAPE PLAN NARRATIVE M SITE PLAN N TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY AR80RIST REPORT OTHER STAFF CONTACT: M.J. Roberts, Associate Planner (503) 639-4171 Ext. 315 VAR 98-0009 ENGLER HEIGHT VARIANCE PROPOSAL/REQUEST FOR COMMENTS 1 j 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): /~7 3~ `SGJ FOR STAFF USE ONLY' &P LA" 21 CA) Case No Tax Map & Tax Lot #(s): 2 S J C~ N Other. Case.N.o.(s):"::',.::: 7-00) T2 Receipt Site Size: 2 © >4c~,r~ Application Accepted ey:. Date: Property Owner/Deed Holder(s)•: aeAA90t ( vtc ~ 7-9 /O 8 /1!Aw(o• on Address: Qv~o aoC ti Phe: 2 ty a o ,t ZiP 23 Date .Determined To Be C. mPlete:~ Applicant*: ~ wt e_ Comp; Plan/Zone' Deiignation:'::`:::;! Address: Phone: City: Zip: C T Area * When the owner and the applicant are different people, the applicant must be the "in`' purchaser of record or a lessee in possession with written ~masiei sivarierice; oc ~ a 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): e plication Form ` Owner's Signature/Written Authorizatio Q~T tlekTransfer Instrument or Deed c a ❑ Site/Plot Plan (81/:"x 11 y y,_ of copies based on pre-app•c Eck Ii &Applicant's Statement of copies based on pre-app list) ❑ Filing Fee (Administrative) ..............$545 (Flexible Setback) $390.00 / (Hearing's Officer) $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: 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 proeedy. • 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 day of 19.. y. C, er' . nature Owner's Signature Owner's Signature Owner's Signature 2 CITY Or T1. GARD - R U i S-'T [.4 X16 >w74'i 40 (.1ARID 0. 11.10 l: Ni 4PSC~t:: 0. V10 NAME i GERALD R i::.NGLER tit.:AL ES I~ i !'.iml.Im r J (11, 1;:0 ADDRESS e x100 NL L1KOODWAY OIL aS 6'faV'm wl DAIS 09!1~ysll PORTLAND OR subulufolvi 9 / 232 PUi'tf"°ORL OF PAYMLN) AMOUN"I i'1" ID i'!_ik4'Cii:.,E Of PAY1►1F::la'I fiWUNI i'hlo i_.i-lI~1Y) 1J~k. ~F~'I;!L - :adf; tflvl TOTAL 4' MOUNl PAID _ 545.00 Alk AL Ell CITY OF TIGARD OREGON . September 25, 1998 Gerald Engler 2100 NE Broadway Portland, OR 97232 Re: Notice of Complete Application Submittal Dear Mr. Engler: This letter is to inform you that your application for an Administrative Variance (City file reference: VAR 98-0009) is considered complete and has been accepted by the Planning Division. If you have any questions concerning this information, please feel free to contact me at (503) 639=4171. Sincerely, M. J. Roberts, Associate Planner, i Acurpln\mjr\var98-09.cmp c: VAR 98-0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Sep 24 98 03:27p Gerry and Carol 503-590-9256 P.1 FORM No. 887 - SPECIAL WARRANTY DEED -STAY FORM QndlVlfluel rafeDlefl, STGVEN6 NCSS I- PUaush td Ca, VORTUAND. OR 4rm NA Si _,..;IAL WARRANTY DEED -STATUTORY Jc . ttM . INDIVIDUAL GRANTOR • BRI.AN SAVAGE rantor, conveys and specially warrants to.._.-GL.RALD-•-R-.-__,EN-~L,F-,~t•,• & ,,F•1•.- CARQTI--•H IJ F-~2•,•,,, u bs3 } the following described real property free of encumbrances created or suffered by the Grantor except as specifically set forth herein, situated in -._.1^1ASHI~TCTON••__•--,-,,,-••--•-•-•-•-.County, Oregon to-wit: Lot 9, BENCHVI1:W ESTATES, situated in the Southeast one-quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon. TOGS'rHER WITH the following described tract: Beginning at the Northwesterly corner of said Lot 10, thence along the arc of 48.00 foot radius curve concave to the North, through a central angle of 30' 08'39" (chord bears South 88'35' 16" East, a distance of 24.96 feet), an arc distance of 25.25 feet; thence South 13'01'06" East, a distance of 48.02 feet; thence along the Westerly extension of the most Southerly Northerly line of said Lot 10, North 78'36'28" West, a distance of 44.54 feet of the Westerly line of said Lot 10;:; thence along said Westerly line, North 11'33'3 I'East, a distance of 39.27 feet to the point of beginning. a/k/a 13736 SW BENCRVIEW Place, Tigard, OR 97223. [IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE► The property is free of all encumbrances created or suffered by the Grantor except Property taxes owing for 1995, 1996, and 1997 (Here comply with the requirements of ORS 93.030) ; The true. consideration for this conveyance is $...-.....0.- • Dated this :rZ1_....... day of --A. V40e_:I- r-- 19.-.9-7 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND. REGULATIONS, BRIAN SAVAGE 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST. PRACTICES AS DEFINED IN ORS 30.930. STATE OF OREGON, County of .,'I!~- )Ss. beforema on Lkt . -fi_....,...1 19_.9?., '°'°""°~'71t3"yfi 'ant was acknowledged L~s}• OFFI .IAL S BFiEI an ....s. Vs~ e_.....GxAntaX_...•.....-=---•-.: 8, NOTARYPUBLIC-OREGON T3 CINAMISSION NO.040052 ? . EXPIRES DEC. 12, tA9 M-x•.a.►._ Notary Public for Oregon My commission expires SPECIAL WARRANTY DEED 13.ia n..._S.au_a.ge STATE OF OREGON, GRANTOR 83- -ez:.a.l d...R_.....En.gler--.--& GRANTER County of PA........ -ar.0.1....1:1.c- user I certify that the within instru- GRANTSE'S ADDRESS, ZIP merit was received for record on the After recording return tot , day of 19........ at o'clock M., and recorded' Gerald R. Eng;ter & SPACE RESERVED - E•.••-• Carol Hauser FOR in book/reel/volume No on 2100-NE-Broadway •,.•..Ste...28 . AECOgDQR'e UeQ page or as fee/file/lnstru- ......POrtland•,.... OR...... .97232 ment/microfilm/reception No................., NAME, ADDRESS, ZIP Record of Deeds of said County.. We certify this instrument to bWj(rttft my hand and seal of Until a change is requested, all lax statements shall he sent to the following address: ffixed. x an t ee......... CVPY recorded. _ W97/eNt amo.-_as.--abase Pa Fee NAM2 TI71 Deputy NAME. ADDRESS, ZIP ...Ckl A O TiT~;i .;lN.bLU h1 1RS[E_ 7(:~Ii,~N'1)~,,~r;,: DECLARATION ~L19 OF ~8 Washu19tON COUnty i D COVENANTS, CONDITIONS AND RESTRICTIONS BENCHVIEW ESTATES WASHINGTON COUNTY, STATE OF OREGON THIS DECLARATION, made this Z8 f day of 198&' , by Benchview Estates Joint Venture, hereinafter referred to collec- j tively as-DECLARANT. WHEREAS, Declarant is the owner of certain real property located within Washington County, State of Oregon, known as Benchview Estates, a duly recorded subdivision which is.more particularly described as: Benchview Estates, a duly recorded subdivision located within Washington Count7r, State of Oregon. NOW, THEREFORE, Declarant does hereby certify and declare that. the following covenants, conditions and restrictions shall become and are hereby made a part of all conveyances of lots within the Plat of Benchview Estates, said Plat having been recorded in Book 66 Page 38-41, as Recorder's Fee No.. of Plat Records of Washington County, Oregon, on the 7th day of June 198', and that the following covenants, conditions and restrictions shall apply thereto as fully and with the same effect as if set forth at large therein. ARTICLE I DEF'INITI'ON S SECTION 1: "Association" shall mean and refer to Benchview Estates Homeowners Assciation, its successors and assigns; or in the event Benchview Estates Homeowners Association, its successors and assigns are not in existence, then the owners of lots comprising the properties. - *Vo me an and refer to that certain SECTION 2. perties shall real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 3: "Common Area" shall mean and refer to all real property owned by the Association for the common use and enjoyment of the members of the Association. The Common Area includes all "Tracts" and private streets shown on the plats of Phase I and II of Benchview Estates. SECTION 4: "LOT" shall mean and refer to any plot of land shown on the recorded subdivision plats of Benchview Estates with the exception of the Common Area. SECTION 5: "Member" shall mean and refer to every person or entity who holds membership in the Association. i SECTION 6: "Owner" shall mean the owner of any lot, whether one or more persons.or entities, including contract sellers, but does.not include a person holding only a security interest in a lot. SECTION 7: "Declarant" shall.mean and refer to Benchview Estates Joint Venture or any person who succeeds to any special declarant right and to whom all of the declarant's ownership interest is transferred or any person other than a homeowners association to whom a declarant has transferred for purposes of resale, all of the declarant.'s ownership interest in the real property. SECTION 8: "Residence shall mean•that portion or part of any structure intended to be occupied _as a dwelling, together with attached or detached garage, as the'case may be, and the patios, porches or steps annexed thereto. SECTION 9: "Declaration" shall mean and refer to this DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-applicable to the properties as executed by Declarant on the ~WD day of 19-8_S , ARTICLE II NATURE OF. ASSOCIATION DUT.IES• AND' POWERS, SECTION 1: The Association is a corporation organized and existing under the provisions of the Oregon Nonprofit Corporation Law and its duration is perpetual. SECTION 2: The 'duties and powers of the Association and its directors and officers shall be as defined and limited by its Articles of Incorporation and its By Laws, but unless specifically stated otherwise, the Association shall have all the powers provided in ORS 94.630 and those enumerated in the Oregon Nonprofit Corpor- Page 2 CC & R's BENCHVIEW ESTATES JOINT VENTURE ation Law. In general, the Association shall serve as a perpetual and continuing corporate entity to administer and maintain common areas, any recreational. facilities, landscaping, and related im- provements for the benefit of its members. -The Association shall have the right to make annual assessments for maintenance and special assessments for' capital' improvements in order to fulfill its duties and functions in the manner provided by its Bylaws and any such assessment shall be a charge-'on the land and Declarant and each owner of any lot by acceptance of a deed or contract is deemed to covenant and pay such assessments to the Association. SECTION 3: 'Membership. Every owner of an individual lot, by virtue of their ownership, automatically is a member of the Associa- tion and assumes liability for membership fees. Membership shall be appurtenant-to and may not be separated from ownership in any lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership.' SECTION 4: Voting.-Right. s.- The Association shall have two classes.of voting members: Class A: Class A members shall be all those members as defined in Article I with the exception of Declarant. Class A members shall be entitled to one vote for each lot in which they own the 'interest required for membership except as provided herein. When more than one person holds such interest in any lot, all such persons shall be members. However, the vote for such lot shall be'exercised as they among themselves deter- mine; but in no event shall more than one'vote 'be case 'with respect to any lot. Class B: The Class-B member shall be the Declarant. The Class B member shall be entitled to three (3) votes for each lot in which it holds the interest required f o~r membership on the happening of either of the following events, whichever occurs earlier: a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or b). On a date three (3) years f rom the date of recording of.these Covenants, Conditions arid Conditions and Restrictions in the Deed Records of Washington County. SECTION 5: Control of the' Association. Until such time as the Class B membership is converted to Class A membership, full control of the Association shall rest with Declarant whose powers and rights shall include but are not limited to a right -o allocate Page 3 CC & R's BENCHVIEW ESTATES JOINT VENTU .E a greater number of.votes to lots owned by the-Declarant, to appoint or remove members of the Board of Directors or the approve an amend- ment to the Declaration or. Bylaws. At the time the Class B member- ship is converted to Class A membership, the individual lot owners will assume control of the Association. However, this section and Article II, Section 4 notwithstanding, Declarant may turn over control to the individual lot owners and convert their membership to a Class A membership prior to the times specified if they determine the individual lot owners are capable of managing the Association. Declarant does not agree to build any improvement. SECTION 6: Title to,Commoh-'Areas. Subject to the rights, easements and privileges of-its members, the Association shall hold title to all common areas, as well as to all recreational and other facilities located therein or thereon, whether consisting of real or personal property. The Association shall also, as set forth in and limited by its Articles of Incorporation and its Bylaws, have power to acquire by gift, purchase or otherwise, and to own, hold, improve, landscape, plant trees, build upon, operate, maintain, sell, convey, dedicate for public use or otherwise dispose of,.real or personal common property as required by the conduct of the affairs of the Association. SECTION 7: Member'-s Ea.seme'n`t of: Enjoyment.. Every member, and those residing with the member, a member's tenants.and his family, shall have in common with all other owners,a non-exclusive right and easement of enjoyment in and to any Common Area and such easement shall be appurtenant to and shall pass with the title to every.assessed lot, subject only to duly enacted regulations and provisions of the Association. ARTICLE III A'S SE S'SMENTS. SECTION 1: Purpose' of.' Assessment. The assessments levied by the Association shall be used exclusively for the purpose of pro- moting the.recreation, health,.safety, enjoyment and welfare of the residents in the properties, and for the improvement and main- tenance of the properties, services and facilities of the'Common Area. The members of'the Association and the Association are jointly and severally liable for any tort claim resulting from or arising out of use of the common area. Assessments can therefore include amounts necessary to pay such claims and/or amounts necessary to provide insurance against such claims, as the Associa- tion-so decides. Any common ~rofits,of the Association shall be applied to future.assessments at a uniform rate in the same manner as assessments or applied to special reserves established in the manner provided by the Bylaws of the Association. SECTION 2: Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform-rate for all lots Page 4 CC & R's BENCHVIEW ESTATES JOINT VENTURE and may be collected on a quarterly, semi-annual or annual basis; except, however, that Declarant is relieved of all obligation to pay assessments on lots upon which no residence has been constructed and lots. not previously transferred to an owner. After more than seventy percent (70%) of the lots in Benchview Estates have been sold, the Declarant will have,the obligation to pay assessments on the same basis as any other owner. SECTION 3: Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: a) all properties dedicated to and accepted by a public authority; and b) any common area. However, no land or improve- ments devoted to dwelling use shall be exempt from said assessments, notwithstanding that the-same may be owned by a charitable or. nonprofit organization. i SECTION 4: Date of Coinmencemen:t of Annual Asse-ssv ent'; Due Dates and Prorates. The initial annual assessment shall commence on the first day of such month, as shall be determined by the Board of Directors of the Association and shall be adjusted according to the number of months remaining in the calendar year. SECTION 5: Basis and Maximum of: Annual' Asse:ssment-s. The first maximum annual assessment shall be Fifty Dollars ($50.00) per lot. After the first annual assessment, the maximum annual assessment per lot may be increased each year by the Board of Directors of the Association in the manner provided by the Bylaws. SECTION 6:''Subordinatiori of the' Lien of Mortgages. The lien for assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any lot shall not affect the assessment lien. However, sale or transfer.of any lot which is subject to any first mortgage or deed of trust, pursuant to decree of foreclosure,' shall: a) if sold or. transferred to Declarant hereunder,.-extinguish any lien of an assessment which became a lien prior to such sale or transfer; b) not, in any other case, relieve the lot from liability for any assessment which became 'a lien prior to such sale or transfer; c) not in any case relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof. ARTICLE IV -STRUCTURES USE AND MAINTENANCE: OF PROPERTY 1. Land Use. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted Page 5 CC'& R's BENCHVIEW ESTATES JOINT VENTURE -to remain on any other than one single dhed single family dwelling. 2. Building Type. Each dwelling not to exceed two and one-half (2-1/2 stories in height and shall have a private garage for not less than two (2) cars. The foregoing provisions shall not exclude the construction of a private greenhouse, storage shed, private swimming pool, or for the storage of a boat or trailer kept for personal use, provided the location of such a structure is in conformity in design and decoration with the residence constructed on such lot, and approved as provided herein. 3. Dwelling Size. The ground floor area of the main. structure, exclusive of open porches and garages, shall not be less than 1,800 square feet for a one story dwelling, nor shall the ground floor level be less than 1000 square feet, for a two story dwelling. The total living levels of multi-level dwelling. I The total living levels of multi-level dwellings shall not be less than a total of 2,000 square feet. 4. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may cause damage to or interfere with the installation or maintenance of utilities, or which may change the direction or flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The owner of the lot which has the easement shall maintain the easement area at his own expense, except for improvements for which a public author- ity or utility is responsible. 5. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. 6. 'Parking. Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of said property nor on any public ways adjacent thereto excepting only within the confines of.an enclosed garage, storage port or behind screening fence or shrubbery and shall in no event'oroject beyond the enclosed areas. No vehicle of any type shall be parked on a private street in the subdivision for more than twelve(12) hours without being moved. 7. Vehicles in Disrepair. No owners shall permit any inoperable vehicle to be abandoned or to remain parked upon any lot or on the Open Space or on any street for a period in excess of forty-eight (48) hours. 8. Fences. No fence or screening-structure shall be erected on any lot that does not comply with the City of Tigard codes. Fences shall be constructed of suitable fencing materials- located on adjacent lots. Maximum allowable height for fences, hedges or walls is six (6) feet. Page 6 CC & R's BENCHVIEW ESTATES JOINT VENTURE Fko N'f' 5erBAcX oQ::) ` coP,K3 SIDE / 5 ` 51DE' S ' RSA-I~. i 5 ~ ' .Sly . 9. Sign's. No signs shall be placed on any lot except that not more than one "For Sale" or "For Rent" sign not exceeding in size twenty-four (24) inches high and thirty-six (36) inches long may be temporarily displayed on any lot by the owner, the Declarant or by a-licensed real estate ageht. This restriction shall not prohibit the.temporary placement of "political" signs on any lot by the owner, or the placement of a professional sign by the developer which complies with the local sign, ordinances or- signs used'by the builder which meet the approval of the developer. 10. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at anytime as a,residence whether temporarily or-permanently. i 11. Livstock' and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets,may be kept provided they are not kept, bred or maintained for commercial purposes.- 12. Garg.age, 'Rubbi-s . and Tr-a-sh Disposal. No lot or part of any area may be.used as a dump for garbage, rubbish or trash of any kind. All garbage,and other waste shall be kept in appropriate sanitary containers for proper disposal and out of public view. 13. Utilities. All plumbing facilities shall comply with the requirements of the Plumbing Code of the City of Tigard and. the County of.Washington. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said outdoor overhead wires shall be erected,. placed or maintained within this subdivision. All owners of lots within this subdivision, their heirs; successors and assigns shall use underground service wires to connect their premises and the structures built thereon'to the underground electric or telephone utility facilities provided. 1.4. • Complet-ion. Construction of any dwelling shall be completed, including exterior decoration, within six.(6) months from the date of the start of construction. All lots, at all times, shall be kept in a neat and orderly condition free of brush, vines, wee..ds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. In the'even•t of undue hardship due to weather conditions, this provision may be extended for a reasonable---ength of time upon written approval from the Architectural Control Committee. 15. Business' and Commercial Uses. No trade, craft, business profession; commercial or similar activity of any kind Page 7 CC &R's BENCHVIEW ESTATES JOINT VENTURE shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, except for the right of any homebuilder and the Declarant'to construct residences .on any lot, to store construction equipment and materials on said lots in the normal course of said construction, and to use any single family residence as a sales office or model home for purposes of sales in this subdivision. No alcoholic beverages or intoxicating.liquors shall be manufactured, kept for sale, or sold. on the conveyed premises, nor shall a place of public entertainment or amusement be operated on the conveyed premises. 16. Landscape Compl'e'tion. All front landscaping must be completed within six (6) months from the date of occupancy of i the residence constructed thereon. In the event of undue hardship reasonable length of time upon written approval by the Architectural Control Committee. 17. Antennas and 'S:ervice Facilities. Exterior antennas shall not be permitted to be placed upon.the roof of any structure on any lot.. Clothes lines and other service facilities shall be screened so.as not to be viewed from the street. 18. Exterior. Materials and Finishes. Each dwelling shall be constructed using conventional double wall wood framing. Siding material shall be either natural wood material or masonry brick or stone, or a combination of each. Plaster stucco may also be used, but only as an accent texture, not as a dominant siding material for any individual dwelling. No plywood: " - or aluminum sidings will be permitted. Roofing material shall be either cedar shingle or cedar shake, or concrete or clay tile. Composition roofing material will not be permitted. No windows are to be used or constructed of mill grade aluminum. Exterior colors for each dwelling constructed will be semi or transparent stain or solid body paint in earth tones. Trim colors may be solid stain or paint in complimentary tones. The use of bright or pastel exterior colors will.not be permitted, unless specifically approved by the architectural committee. The location, color, size, design, lettering and other particulars of mail or paper delivery boxes shall be subject to approval of the Architectural Committee. ARTICLE V. ARCHITECTURAL CON'T'ROL COMMITTEE 1. ' Membership,' Appointment 'and Removal. The Archi- tectural Control Committee, hereinafter referred to as the "Committee", shall consist of as many persons, but not less than Page 8 CC & R's BENCHVIEW ESTATES JOINT VENTURE three (3), as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time and may appoint new or additional members at any time. In the event it becomes apparent that a minor deviation from any of the aforesaid restrictions concerning the construction or location or improvement on any'of said property herein is necessary for the best use of said property, such restrictions may be waived by the Committee. 2. Procedures. In the event the Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. I .3. Action. Except as otherwise provided herein, any two members of the Architectural Control committee shall have power to act on behalf of the Committee, without the remaining members of the Committee. The Committee may render its decisions only by written instrument setting forth the action taken by the members consenting thereto. The Committee's consent to any proposed work shall automatically be'revoked six (6) months after issuance unless construction of the work has been commenced or the owner has received an extension of time from the Committee. 4. Approval of Plans by Architectural Control Committee.. No building or structure, including swimming pools and animal runs shall be commenced, erected, placed or altered on any lot until the construction plans and specifications and a plan showing the. nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on the particular building site, have been submitted to and approved in writing by the Architectural Control Committee. All plans and specifications for approval by the Committee must•be submitted in duplicate at least ten (10) days prior to application for building permit. 5. Nonwaiver. Consent by the Architectural Control Committee to any matter proposed it and within its jurisdiction .under these covenants shall not be deemed to constitute a pre- cedent or waiver impairing its rights to withhold approvals as to any similar matter thereafter proposed or submitted to it for consent. 6. Liability. Neither the Committee nor any member thereof shall Be liable to any owner, occupant, or builder. for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or-a member thereof, provided, only that the member has, in accordance with the actual knowledge possessed by him/her, acted in good faith. 7. Transfer of Architectural Authority. At such time as Declarant retains legal title to two (2) or fewer lots, or Page 9 CC & R's BENCHVIEW ESTATES JOINT VENTURE ' 0.ioearlier if Declarant believes the Association capable of exercising the responsibility, Declarant shall transfer all its rights and responsibilities under this Article to the Association, which may then conduct architectural review authority in any manner permitted by its Bylaws. 8. Preservation of Views. The Architectural Control Committee shall exercise its best effort to preserve view potential from each lot. Limitations may be placed on, among others things, height., location, and design of all homes. The decision of the Architectural Control Committee on these matters shall be final. ARTICLE VI GENERAL PROVI:S'I'ONS SECTION 1: Amendments to Declaration. (a) Except as other- wise provided, the Homeowners' Association may amend the declara-. tion and the plat only by vote or agreement.of seventy-five percent (75%) of the total votes in the planned. community. In no event, shall an amendment under this section create, limit or diminish any suecial Declarant rights, increase the number of lots.or units or change the boundaries of any lot or any uses to which any lot or unit is restricted unless the owners of the affected lots unanimously consent to the amendment. However, only sixty percent (50%) of the votes of the planned community are .required to amend the Declara- tion for amendments relating'-to age restrictions, pet restrictions, limitations on'the number of persons who may occupy units or limitations on the rental or leasings of units. m(b) The Association shall record the amendment in the same place as the Declaration. An amendment of the Declaration is effective only upon recordation. (c) Amendments to the Declaration under this section shall be executed, recorded and certified on behalf.of the Association by any officer of the.Homeowners' Association designated for that purpose, or, in the absence 'of designation, by the president of the Board of Directors of the Association. (d) A person may not bring an action to challenge the validity of an amendment adopted pursuant to this section _ater than one year after the date on which the amendment is recorded. However, nothing in this subsection prevents the Association from further amending an amended declaration or plat. SECTION 2: Enforcement:' Should any person violate or attempt to violate any of the provisions of these Covenants, any person or persons owning any real property embraced within the plat, including the Declarant, at his option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of said covenants, either to.prevent the doing of such, or to recover damages sustained Page 10 CC &R's BENCHVIEW ESTATES JOINT VENTURE by reason of such violation. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. SECTION 3: Expenses and Attorne'y Fees. In the event any person or persons owning any real property embraced within the plat of this subdivision, including the Declarant, shall bring any suit or action to enforce these covenants, the prevailing party. shall be entitled to recover all costs and expenses incurred by him in connection with such suit or action, including such amounts as the court may determine to be reasonable attorneys fees at trial and upon any appeal thereof. SECTION 4: Severability- In validation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. SECTION 5: Limitation 'of Liability o'f.Declarant. Neither Declarant, nor any principal thereof, shall be liable to any owner on account of any action or failure to act.of them in performing ,their duties or rights hereunder, provided that Declarant has.in accordance with actual knowledge possessed by it, acted in good, faith. LA Development Company by: BENCHVIEW ESTATES JOINT VENTURE a joint venture consisting of rc2Le_Q_ 211t~110_ 91_11 LA Development Company a partnership consisting of Louis J. Fasano and Arthur Q & Associates an Oregon Corporation , AND Columbia Equities Inc. an Oregon Corporation .STATE OF OREGO VJ_ County of Washington BENT REMEMBERED, That on this .28th day of April, 19 88~ before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named" Louis J. Fasano known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official LAURA J. STn^OSCHEIM seal the day a d year last above written. ..n . NOTARY PUBLIC-OREGON . . . . . . . . . . . . My Commission Expires _ Notary lic for Oregon My Commissio /expires:. . ' 51131 90 Page 11 CC & R's BENCHVIEW ESTATES JOINT VENTURE 1 90-11588 we.hIngton county... _ d AMENDMENT TO s COVENANTS, CONDITIONS AND RESTRICTIONS OF BENCHVIEW ESTATES WASHINGTON COUN'Y, STATE OF OREGON n; WHEREAS the undersigned is the developer of Benchview Estates in the City of Tigard, County of Washington, State of Oregon, and desires to make corrections and amendments to the Covenants, Conditions and Restrictions for Benchview Estates recorded June 1, 1988, as Recorder's Fee No. 88-24149: NOW, THEREFORE, the Covenants, Conditions and Restrictions of Benchview Estates are hereby amended as follows: j I 1. That portion of ARTICLE II, SECTION 4: Voting Rights, which reads as follows: "Class B: The Class B member shall be the Declarant. The Class B member shall be entitled to three (3) votes for each lot in which it holds the interest required for membership on the happening of either of the following events, whichever occurs earlier:" is corrected to read as follows: "Class B: The Class B member shall be the Declarant. The Class B member shall be entitled to three (3) votes for each lot in which it holds the interest required for membership provided that Class B membership shall be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:" 2: The following shall be added to ARTICLE V, SECTION 8: Preservation of Views: "No shrub., tree or bush shall be allowed to'grow to a height or width which unduly restricts the view from any other lot in Benchview Estates and the Architectural Control Committee, at its discretion, after an investigation, may require any offending shrub, tree or bush.to be pruned, trimmed or removed." 3. All provisions of the original Covenants, Conditions and Restrictions not amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned, being Declarant herein, has executed this instrument this 7-6'' day of February, 1990. BENCHVIEW ESTATES JOINT VENTURE BY: L. A. DEVELOPMENT CO. a partn ship COLUMBIA EQUITIES INC BY: i•~~- BY LOUIS J. ASANO , Partner 4 ' i 1:• BYLAWS OF BENCHVIEW ESTATES HOME OWNERS' ASSN., INC. ARTICLE I Officers i Section 1. Executives Officers: The Executive Officers of the Association shiill lie a President, a Vice President, a Secretary, and a Treasurer. The first President shall hold office for two years, after which time the President and all other officers shall be elected annually by the Board of Directors, hereafter sometimes referred to as the*Board'. They shall take office immediately after election. The officers of the Corporation for the first two years need not be members of the Corporation. Thereafter, they shall be members of the Corporation. Section 2. The President: Subject to the direction of the Board of Directors, re• ent shall be the chief executive officer of the Association and shall perform such other duties as from time to time may be assigned to him by the Board. The President shall be ex officio a member of all committees. Section 3. The Vice President: The Vice President shall have such power per orm such duties as may be assigned to him by the Board-of Directors or the President. In case of the absence or disability of the President, the duties of that office shall be performed by the Vice President. Section 4. The Secretar : The Secretary shall keep the minutes of all proce ngs o the Board of Directors and of all committees and the minutes of the members; meetings in books provided for that purposes he shall have custody of the corporate seal and such books and papers as.the Board may direct, and he shall. in general perform all the duties incident to the office of Secretary, subject to the control of the Board of Directors and the Presidents and he shall.also perform such other duties as may be assigned to him by the President or by the Board. Section S. The Treasurers The Treasurer shall have the custody of all the rece p s, isbursements, funds, and securities of the association and shall perform all duties incident to the ' office of Treasurer, subject to the control of the Board of Directors and the President. He shall perform all such other duties as may from time to time be assigned to him by the Board or the President. If required by the Board, he shall give a bond for the faithful discharge of his duties in such sum as the Board may require. gg-a4~so Section 6. Subordinate Officers: The President, with the approval of the Boar o rectors, nay appoint such other officers and agents as the Board may deem necessary, who shall hold office during the pleasure of the Board, and who shall have such authority and perform such duties as from time to time mad be prescribed by the President or by the Board. ARTICLE II Board of Directors Section 1. Number of Members: The business and affairs of this corporation shall nonage by a Board of Directors which shall consist of not less than three nor more than seven members. The first Board of Directors need not be members of the Association. Thereafter, all of the Board shall consist of members of the Association. At the inception of the corporation, the Board shall consist of three members named in the Articles of Incorporation, and thereafter, the number of directors shall be fixed by the Board. Until the time provided in the Declaration, Article II, Section 5, control of the Association shall rest with' Declarant and Declarant may appoint or remove members of the Board and to amend the Declaration of Bylaws without going through the procedures outlined herein. Section 2. Executive Cosmittee: The Board of Directors may elect from the r n er an ecutive Committee consisting of not less than three members of the Board, which committee shall have all the powers of the board of Directors between meetings, reqular or special. The President of the Association shall be a amber of and shall be chairman of the Executive Committee. Section 3. Re ular Meeti s: The Board shall m~eet'for the transaction of business a such place as may be designated in the Notice. Section 4. S vial Moetin s:. Special Meetings of the Board of Directors may ca e b y the president or by three members of the Board for any time and place, provided reasonable notice of such meetings shall be given to each member of the Board before the time appointed for such meetings. Section S. Esser enc Moetin s: Emergency Meetings may be hold without notice the minutes of the meeting indicate the reason for the emergency. Said meeting may be conducted by telephone. Section 6,. Notice: Notice of the regular and special meetings shall be poed at a place or places in the subdivision at least three days prior to the meeting or given in such other way as is reasonably calculated to inform lot owners of the sooting. -2- ~$-a4/so Section 7. Open to Members: All meetings of the Board, except emergency meetings, are open to members of the Association. Section 8. Quorum: Majority of the Directors in office shall constitute a quorum for the transaction of business, tit a majority of those present at the time and place of any regular or special meeting although less than a quorum, may adjourn the aww from time to time without notice until a quorum be at hand. The act of a majority of Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise provided by law. Section 9. Order of Business: The Board of Directors may from time to time eterm ne the order of business at its meeting. Section 10. Chairman: At all meetings of the Board of Directors, the Present or, in his absence, the Vice President, or in the absence of both, a Chairman chosen by the Directors present, shall preside. Section 11. Terms of Members of the Board: The first Board of Directors named in t4w t c es o ncorporation shall serve until such time as the Declarant turns over full authority for the Association to the individual owners. Thereafter, they shall be elected by the members of the Association to two-year terms. Section 12. Annual Re rt: The Board of Directors, after the close of the f sca year, • ll submit to the members of the Association at the Annual Meeting a report as to the condition of the Association and its property and shall submit also an account of the financial transactions of the past year. Section 13. Budget: At the Annual Meeting or Special Meeting called for purpose, the Board of Directors shall submit a budget for the following year. A copy of said proposed budget shall be provided by mail or hand delivered to each lot address in the subdivision not less than 14 nor more than 30 days prior to the date of the meeting. The budget shall be adopted at the meeting unless it is rejected by a majority of votes of the association. If the proposed budget is rejected, the last annual budget shall continue in effect until the owners approve a subsequent budget. The right of the owners to reject the budget under this suction does not restrict the right given to the Board under Article VI, Section 1. Section 14. Vacancies in Board: Whenever a vacancy in the membership of the r • a occur, the remaining members of the Board shall have the power, by a majority vote, to select a member of the Association to serve the unexpired term of the vacancy. Section 15. Removal of a Director: The members of the Association may remove any member o Board of Directors, other than members appointed by the Declarant, with or without (o g 8 cause, by a majority vote of all the members present and entitled to vote at any meeting of the members at which a quorum is present Provided, however, that such removal is not effective unless the matter of the removal is an item on the agenda and stated in the notice of the meeting. ARTICLE III Meetings of Members Section 1. Annual Meetings: There shall be an annual meeting of the members of this Association at such place as may be designated, on the second Tuesday in February of each year if not a legal holiday under the laws of the State of Oregon, and if a legal holiday, then on the next succeeding business day, at 7:00 p.m. for the transaction of such business as may come before the meting. Section 2. Special Meetings: Special meetings of the members shall be hold whenever called by the President of the board or by a majority of Board members or by 25% of the association. Section 3. Notice: Notice of meetings shall be given by mail or hand ddlive-r-to the sailing address of each lot or the address designated in writing by the lot owner and all mortgagees who have requested such notice at least ten (10) days, but not more than 50 days, prior to the meeting and shall give the time and place and the itess on the agenda. Section 4 Voting. Rights: The Association shall have two classes of voting members: Class As Class A members shall be all those members as defined in Article I with the exception of Declarant. Class A members shall be entitled to one vote for each lot in which they own the interest required for membership except as provided herein. When mare than one person holds such interest in any lot, all such persons shall be members. However., the vote for such lot shall be exercised as they among themselves determinet but in no event shall more than one vote be cast with respect to any lot. Class B: The Class B member shall be the Declarant. The Class b mesiber shall be entitled to three (3) votes for each lot in which it holds the interest required for membership provided that the Class B membership shall be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: -4- gg-a~/so -7- g B a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class e membership, or b) On a date three (3) years from the date of recording of these Covenants, Conditions and Restrictions in the Deed Records of Washington County. Section S. Quorum: At any meeting of the members, a quorum shall cons st o 20• of the number of votes of the association which are represented in person or proxy at the beginning of the meeting, and a majority of the quorum shall decide any question that may case before the meeting. ARTICLE IV Memberships Section 1. Qualifications: Only persons owning real property or owning stock in a corporation owning real property in the Benchview Estates Subdivision shall be eligible to'becase a member. Where two or more persons are the joint owners of real property, all joint owners shall be members. Where two or more persons are stockholders in a corporation owning real property in such Plat and Subdivision, their ownership shall constitute only one membership, and one person shall be designated by the corporation as the member. Section 2. Members: A member shall have nn vested right, interest, or privy of, in, or to the assets, functions, affairs, or franchises of the Association, or any right, interest, or privilege which may be transferable or inheritable, or which shall continue after his membership ceases, or while he is not in good standing. Section 3. Membershi : Every owner of an individual lot, by virtue of their aeners p, automatically is a member of the Association and assess liability for membership fees. Membership shill be appurtenant to and may not be separated from ownership in any lot which is subject to assessment by the qualification for membership. Section 4. Termination of Membershi : Whenever any member shall cease to have the qualifl ca ons necessary for admission to membership in the Association, then such membership shall terminate and such member shall be dropped from the membership roll of the Association. -S- ~~-CA . ARTICLE V Loss of Property Section 1. The Board of Directors shall not be liable or responsible for the destruction of or the loss of or damage to the property of any member or the guest of any member, or visitor, or other person. ARTICLE VI Assessment Charges I Section 1. The Board of Directors shall have the right and power to subject the lots situated in eenchview Estates to annual assessment charges. Commencing January 1, and on the same day of each year there- after, each owner of property in such Subdivision, shall pay to the Association, in advance, the maintenance charges against his property, and such payments shall be used by the Association to create and continue a maintenance fund to be used by the Associa- tion to create and continue a maintenance fund to be used by the Association as hereinafter stated. The charge will be delinquent when not paid within 30 days after it becomes due. In the event that an owner acquires title to property in the Subdivision after January 1 of any year, then such owner shall be given a pro rata credit for the annual maintenance charges from January 1 to the date on which such owner acquires title. The annual charge shall be applied to each lot equally and may be adjusted or reduced from year to year by the Board of Directors as the needs of the property in its judgment may require, but in no event shall the charge in sny year exceed the sum of 121 more than the prior year charges without approval of 75% of the members entitled to vote. Section 2. Special Assessment: The Board of Directors, on approval of 751 of the members of Ehe Association entitled to vote, hall have the right to make special assessments for capital improvements. Such assessments shall be allocated to each lot in the same manner as assessments for maintenance. Section 3. Collection of Assessments: The Board shall develop procedures, rules an regulations or t e collecting of all past- due assessments not inconsistent with the Declaration for approval by the members. A simple majority of the members entitled to vote shall be sufficient to constitute approval of such rules and regulations. Section 4. Liens: The corporation shall have a lien on all the lots in Benchv- Tv Estates to secure the payment of assessment charges due and to become due, and the record owners of such lots shall be personally liable for all maintenance charges. The g~-a4/S0 (o g 8 Association r-ay enforce as assessments under this Article any fees, late charges, or interest charged pursuant to a power listed in ORS 94.630. Section S. Purpose: The Maintenance Fund may be used for doing all things necessary or desirable, in the opinion of the Board of Directors to keep the common prop:rty neat and in good order, and to eliminate fire hazards, or.wnich in the opinion of the Board of Directors may be of general benefit to the owners or occupants of the land included in such Subdivision. This may include but is not limited to: (a) Lighting, improving., and maintaining the common area, streets and dedicated right of way areas.maintained for the general use of the owners and occupants of land to the extent not provided by the City, County or State; (b) Operating and maintaining any storm-water drains now or hereafter constructed in such Subdivision that are not, or will not be under the direct supervision of the State or County; (c) Collecting and disposing of garbage, ashes, and rubbish; (d) Maintaining and repairing the private streets in the subdivision. (e) For employment of policemen and watchmen. ARTICLE VII Miscellaneous Provisions Section 1. waiver of Notice: Any notice required to be given by these By awe may waived by the poison entitled thereto. Section 2. Corpora to Seal: The corporate seal shall have engraved thereon the o ow ng: 'Benchview Estates. It shall remain in the custody of the Secretary and shall be by him affixed to any requested certificate of membership in the Association and to all instruments in writing requiring the corporate seal for coWlete execution. An impression thereof is directed.to be affixed to these sylaws. ARTICLE VII Fiscal Year Section 1. The iscal year of the Corporation shall begin on the J day of 196rir, and terminate on the 3/ may of 19~~ (o-~-.g STATE OF OREGON County of Washington _ April 28 19 88 Personally appeared Louis J. '_asano -who being duly sworn (or affirmed) did say : thst he is the Secretary res end or oEher oFfrc-er of oMcecs) of BEHCHVIEW ESTATES HOME OWNER'S ASSN.,. INC. ame o corip ii tl nlr- - - - - and that the seal affixed ib'the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and he, acknowledged said instrument to be its voluntary act and, deed. Before me: tardy Pu c or Oregon AUnA J..nTr'_"ZHZIM My commission expires: 5/31/1990 n y ra - E Ekww"amp sTATS 0! 011100N cawwf of Woodn"-- a 1. DaWd w. klaaon Onc1a d Assawnwo and Tam*= and Ex4lkb n9co ft of Can• vows +oaa W sdd axp". dD mw" =rrh ow ft .aenr► Innlunm d WMV so nDOwrad u+d rsooidsd in book of mcads of ssb a dy. Donsw W. W N . 0e6aa d Aaasaamanl and TaaMWM Ea onao 0"VY Cwt 01•R-T MON a4 /SO S ,Dinal search criteria: • • SU$IV:BENCHVIEW ESTATES EQUITY GROUP, INC. 503-287-8989 09/16/98 GERALD ENGLER WASHINGTON COUNTY INTEREALTY CORP SYSTEMS Account Num. : 2000320 Map Number 2S104DC School Dist : TIGARD Land Use RES,INPROVED Prop Addr : 13310/SW/BENCHVIEW /TE City/Zip : TIGARD /97223-1742 OWNER INFORMATION Owner Name :!VAMLLEY NANCY A & Owner Addr : 1.3310 SW BENCHVIEW TER' City/St/Zip :CTIGARD /OR/97223-1742 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1996 Bedrooms 3 Bathrooms Total Liv SF : 3094 Acreage -.32 Interior Mat : DRYWALL Heat Method: FORCED Exterior Fin : Floor Cov : CARPET Garage Type : COMMUNITY SALES.INFORMATION DEED TYPE DATE PRICE BOOK-PAGE W7URRANTY 08/13/96 279900 72296 Loan Amt 223900 Loan Type : CONVENTIONAL Lender : PORTLAND MORTGAGE Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 210640 Total Value:$ 287850 Tax Amt 3430.21 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc :~BENCHVIEW ESTATES, LOT 1, .ACRES-.32!, INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY INTEREALTY-CORP SYSTEMS---- Account Num : 2000321 Map Number : 2S104DC School Dist : TIGARD Land Use : RES,IMPROVED Prop Addr : 13332/SW/BENCHVIEW /TE City/Zip : TIGARD /97223-1742 OWNER INFORMATION Owner Name ;-LISICKI -THOMAS D t& RUTH 'S ,Owner Addr 3332 SW BENCHVIEW TER City/St/Zip : ~TIGARD,.' 7,OR/97223-1742 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1993 Bedrooms 4 Bathrooms Total Liv SF : 2902 Acreage .22 Interior Mat : DRYWALL Heat Method: FORCED Exterior Fin : Floor Cov : CARPET Garage Type : UNIMPROV SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE G7URRANTY 02/25/94 237950 18438 Loan Amt s$ 190350 Loan Type : CONVENTIONAL Lender : FOUR.SEASONS Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 203610 Total Value:$ 280820 Tax Amt 3286.96 Tax Year : 97-98 Levy'Code : 02374 . LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc BENCHVIEW=ESTATES;-LOT-2,,-ACRES-22__ INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY ----0 INTEREALT~RP SYSTEMS Account Num. : 2000322 Map Number 2S104DC School Dist : TIGARD Land Use : RES,IMPROVED Prop Addr 13354/SW/BENCHVIEW /TE City/Zip TIGARD /97223-i742 OWNER INFORMATION Owner Name : LEWIS BRYAN R - - & Owner Addr 13354 _SW BENCHVIEW TER City/St/Zip :1.TIGARD-' '/OR/97223-1742 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1993 Bedrooms 4 Bathrooms Total Liv SF : 4264 Acreage .22 Interior Mat : DRYWALL Heat Method: COMB HTG\COOL Exterior Fin : Floor Cov : CARPET Garage Type : UNIMPROV SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE 04/28/98 385000 043505 Loan Amt 308000 Loan Type : CONVENTIONAL Lender MORTGAGE MARKET Percent Own: APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 352030 Total Value:$ 429240 Tax Amt :S 4494.61 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name BENCHVZEW ESTATES Legal Desc BENCHVIEW ESTATES, LOT 3, ACRES .22 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED _WASH3NGTON=-C0UNTY------------------------.-- INTEREALTY. CORP-,. SYSTEMS------ Account Num : 2000323 Map Number : 2S104DC School Dist : TIGARD Land Use : VACANT,RESIDENTIAL Prop Addr : 13376/SW/BENCHVIEW ./TE City/Zip : TIGARD /97223-1742 OWNER INFORMATION Owner Name : MORRISSEY EDWARD P & MARY M Owner Addr :.3653 SW BENCHVIEW PL Y City/St/Zip :TIGARD /OR/97223- LAND/BUILDING DESCRIPTION Const Type : Year Built Bedrooms Bathrooms : Total Liv SF : Acreage .24 Interior Mat : Heat Method_ Exterior Fin : Floor Cov : Garage Type SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE 01/10/96 465000 2355 Loan Amt 418500 Loan Type : CONVENTIONAL Lender EVERGREEN MONEYSOURCE MORTGAGE Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 56700 Imp Value Total Value:$ 56700 Tax Amt 718.19 Tax Year : 97-98' Levy Code 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc :FENCHVIEW ESTATES, LOT 4, ACRES .24 % INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY INTEREAL*ORP SYSTEMS Account Num. : 2000324 Map Number : 2S104DC School Dist : TIGARD Land Use : RES,IMPROVED Prop Addr : 13398/SW/BENCHVIEW /TE City/Zip : TIGARD /97223-1742 -----------------------------OWNER INFORMATION Owner Name : MACHLAN RICHARD A -LILLIAN_ Owner Addr : 13398 SW BENCHVIEW TER ` City/St/Zip : UIGARD~ /OR/97223-174i LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1990 Bedrooms 3 Bathrooms Total Liv SF : 3097 Acreage .18 Interior Mat : DRYWALL Heat Method: FORCED Exterior Fin : Floor Cov : CARPET Garage Type : UNIMPROV SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE 08/27/90 52500 46223 Loan Amt Loan Type Lender Percent Own: APPRAISAL & TAX INFORMATION Land Val 81500 Imp Value 238380 Total Value:$ 319880 Tax Amt 3499.21 Tax Year 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc :CBENCHVIEW ESTATES, LOT 5, ACRES .18 ; INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED C_- TY:,.-----=----------------------- INTEREALTY CORP SYSTEMS---- Account Num : 2000325 Map Number : 2S104DC School Dist : TIGARD Land Use : RES,IMPROVED Prop Addr : 13638/SW/BENCHVIEW /PL City/Zip : TIGARD /97223-1734 OWNER INFORMATION Owner Name : SCHULZ GARY J & EUGENIA E Owner Addr 13638 SW BENCHVIEW PL City/St/Zip ::TIGARD /OR/97223-1734 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1992 Bedrooms 4 Bathrooms : Total Liv SF : 4902 Acreage .19 Interior Mat : DRYWALL Heat Method: COMB HTG\COOL Exterior Fin : Floor Cov : HARDWD Garage Type . SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE WARRANTY 05/28/93 309370 42415 Loan Amt 220000 Loan Type : CONVENTIONAL Lender : GREAT WESTERN MORTGAGE Percent Own:'O APPRAISAL & TAX INFORMATION Land Val 85790 Imp Value 374890 Total Value:$ 460680 Tax Amt 5286.80 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc :ENCHVIEW ESTATES, LOT 6, ACRES .19 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY INTEREAL'IWORP SYSTEMS Account Num. : 2000326. Map Number : 2S104DC School Dist : TIGARD Land Use : RES,IMPROVED Prop Addr : 13652/SW/BENCHVIEW /PL City/Zip : TIGARD /97223-1734 _ OWNER-INFORMATION Owner Name : MORRISSEY EDWARD P & M_ Owner Addr : 3653 SW BENCHVIEW PL City/St/Zip :~TIGARD `/OR/97223- LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1992 Bedrooms 4 Bathrooms Total Liv SF : 3697 Acreage .19 Interior Mat : DRYWALL Heat Method: HEAT PUMP Exterior Fin : Floor Cov : CARPET Garage Type : COMMUNITY SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE vuuP RANTY 01/10/96 465000 2355 Loan Amt 418500 Loan.Type : CONVENTIONAL Lender : EVERGREEN MONEYSOURCE MORTGAGE Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 248320 Total Value:$ 325530 Tax Amt 3820.22 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc : ~BENCHVI.EW ESTATES, LOT 7, ACRES .19 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON,_ COUNTY- INTEREALT;Y_ CORP_ SYSTEMS. Account Num : 2000327 Map Number : 2S104DC School Dist : TIGARD Land Use : VACANT,RESIDENTIAL Prop Addr : 13690/SW/BENCHVIEW /PL City/Zip : TIGARD /97223-1734 OWNER INFORMATION Owner Name ,'AEA KERRY DOUGLAS & JAMIE TEICH Owner Addr 9580 SW 146TH TER #2 City/St/Zip BERVERTON /OR/97007-6440' LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1992 Bedrooms 5 Bathrooms Total Liv SF : 5322 Acreage .20 Interior Mat : Heat Method: Exterior Fin : Floor Cov Garage Type SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE WARRANTY 05/30/95 370000 36911 Loan Amt 296000 Loan Type CONVENTIONAL Lender CHEMICAL RESIDENTIAL MORTGAGE Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 31500 Imp Value Total Value:$ 31500 Tax Amt 270.01 Tax Year : 97-98 Levy Code 02374 LEGAL INFORMATION Subdiv Name _:~BENCHVIEW ESTATES Legal Desc ~ENCHVIEW ESTATES, LOT 8, ACRES .20 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY INTEREP;LT*RP SYSTEMS Account Num. 2000328 Ma Number 2S104DC School Dist. TIGARD Land Use. VACANT,RESIDENTIAL Prop Addx /*NO SITE. ADDRF.SS* / city/Zip / - -------------------------------OWNER INFORMATION Owae1; Dame FE LER. GERALD R. Owner Addr ; 00 NE BROADWAY #.28 City/St/aip.:-PORTLAND !/6R/97232-1569 LAND/BUILDING DESCRIPTION Const Type. : Year Built. Bedrooms Bathrooms Total Liv SF : Acreage .20 Interior Mat : Heat Method: Exterior Fin : Floor Cov Garage Type SALES INFORMATION DEED TYPE . DATE PRICE BOOK-PAGE SPECIAL WARRANTY 08/27/97 79523 Loan Amt 34654 Loan Type : CONVENTIONAL 'Lender MISCELLANEOUS Percent Own: 0 APPRAISAL, & TAX INFORMATION Land Val 31500 Imp Value Total Value:$ 31500 Tax Amt 363.91 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name• BENCHVIEW ESTATES Legal. Desc z CENCSVIEW ESTATES, LOT 9, ACRES _20 INFORMATIQN DEEMM RELIABLE BUT NOT GUARANTEED' 'Ti, ~ ~ SHINGTQN_COUNTY_ , . INTEREALTY. CORP; SYSTEMS r Account Num : 2-000329 Map Number : 25104DC School Dist : TIGARD Land Use RES,IMPROVED Prop Addr : 13754/SW/B NCHVIEW /PL City/Zip : TIGARD /97223-1735. OWNER INFORMATION Owner Name :CENGLER GERALD R & HAUSER ERICA CAROL Owner Addy' : 13754 SW BENCHVIEW PL City/St/Zip TIGARD /OR/97223-1735 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1995 Bedrooms 3 Bathrooms Total Liv SF : 3126 Acreage .24 Interior Mat : DRYWALL Heat Method: FORCED Exterior Fin : Floor Cov : CARPET Garage Type : COMMUNITY SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE BARGAIN & SALE 06/18/97 55643 Loan Amt 207000 Loan Type : CONVENTIONAL Lender : WASHINGTON MUTUAL Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 158800 Total value:$ 236010 Tax Amt 2662.81 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv.Name : BENCHVIEW ESTATES Legal Desc BENCHVIEW ESTATES; LOT 10, ACRES INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED TXWR1NGTON COUNTY INTEREALT•ORP SYSTEMS Account ]arum : 2000330 Map Number : 2S104DC School Dist TIGARD Land Use : RES,IMPROVED Prop Addr. 13798/SW/BENCHVIEW /PL City/Zip TIGARD /97223-1735 OWNER INFORMATION Owner• Name : STE6~ MORSE E. j & Owner Addr : 12334 SW 132ND CT, City/St/Zip ~TIGARD /OR/97223-7822 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built' : 1996 Bedrooms 6 Bathrooms Total Liv SF : 4069 Acreage .18 Interior Mat : DRYWALL Heat Method: COMB HTG\COOL Exterior Fin : Floor Cov : CARPET Garage Type : COMMUNITY SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE WU RANTY 06/24/96 258000 56755 Loan Amt 186600 Loan Type : CONVENTIONAL Lender : GN MORTGAGE Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 200790 Total Value:$ 278000 Tax Amt 2766.56 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc :~BENCRVIEW ESTATES, LOT 11, ACRES .28 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED C ----._WASR1NGTON COUNTY INTEREALTY- CORP. SYSTEMS.. Account Num : 2000331 Map Number : 2S104DC School Dist : TIGARD Land Use : RES, IMPROVED Prop Addr : 13802/SW/BENCHVIEW /PL City/Zip : TIGARD /97223-1738 OWNER INFORMATION Owner, Name COMPTON MICHAEL T & JANICE M Owner Addr 1:3802 SW BENCHVIEW PL City/5t/Zip : ~LIGARD /OR/97223-17381 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1995 Bedrooms 3 Bathrooms Total Liv SF : 2523 Acreage ,41 Interior Mat DRYWALL Heat Method: FORCED Exterior Fin Floor Cov : CARPET Garage Type COMMUNITY SALES INFORMATION DEED TYPE DATE PRICE BOOK-RAGE WARRANTY 10/19/95 210000 76127 Loan Amt 168666 Loan Type : CONVENTIONAL Lender NATIONAL PACIFIC MORTGAGE Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 77210 Imp Value 169170 Total Value:$ 246380 Tax Amt 2903.73 Tax Year : 97-98 Levy Code 02374 LEGAL INFORMATION Subdty Nam : BENcHvIEW ESTATES Legal Desc : BENCHVIEW ESTATES, LOT 12, ACRES ~41 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED -i- WASHINGTON COUNTY INTEREALTOORF SYSTEM Account Num : 2000332 Map Number 2S104DC School Dist. : TIGARD Land Use : RES,IMPROVED Prop Addrr : 13815/SW/BENCRVIEW /PL City/Zip TIGARD /97223-1738 ------------------------------OWNER-INFORMATION OWAe r Name ALBARKOULT ALBARK.OULI Al' Owner Addr 13815 SW BENCHVIEW PL i City/St/Zip TIGARD /OR/97223-1738 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1994 Bedrooms 4 Bathrooms Total Liv SF : 2794 Acreage .41 Interior Mat : DRYWALL Heat Method: FORCED Exterior Fin : Floor Cov : CARPET Garage Type : BASEMENT SALES, INFORMATION DEED TYPE DATE PRICE BOOK-PAGE 06/28%93 48000 50620 Loan Attu Loan Type : Lender Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 85790 Imp Value 217340 Total Value:$ 303130 Tax Amt 3356.11 Tax Year : 97=98 Levy Cade : 02374 LEGAL INFORiM&TION Subdiv Name : BENCHVIEW ESTATES Legal Desc : ~BENCHVIEW ESTATES, LOT 13, ACRES .41 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED VkWETNGTON..COLINTY- INTEREALTY COR.P~ SYSTEM-.------ Account Num : 2000333 Map Number : 2S104DC School Dist : TIGARD Land Use : RES,IMPROVED Prop Addr : 13781/SW/BENCHVIEW /PL City/Zip : TIGARD /97223-1736 OWNER-INFORMATION Owner Name : STRINGER DARRELL RAY & Owner Addr :`13781 SW BENCHVZEW PL City/St/Zip : t GARD /OR/97223-1736 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built : 1997 Bedrooms 4 Bathrooms Total Liv SF : 3364 Acreage r .22 Interior Mat : DRYWALL Heat Method: FORCED Exterior Fin : Floor Cov : CARPET Garage Type : COMMUNITY SALES INFORMATION DEED TYPE DATE PRICE BOOK.-PAGE .ANTY 04/06/98 299500 033616 Loan Amt 269550 Loan Type CONVENTIONAL Lender : NORNEST MTG Percent Owns APPRAISAL, & TAX INFORMATION Land Val 81500 Imp Value 128710 Total Value:$ 210210 Tax Amt 2464.68 Tax Year 97-98 Levy Code 02374 LEGAL, INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Dese BENCHVIEW ESTATES, LOT 14, ACRES INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY INTEREAL4ORP SYSTEMS Account Num. 2000334 Map Number 2S104DC School Dist TIGARD Land Use RES,I1v1PROVED Prop Addy. 13749/SW/BENCH LEW /PL City/Zip TIGARD /97223-1736 OWNER INFORMATION Owner- Dame BEFIR& PH ILIP_ J Owner Addr 13749 SW BENCHVIEW PFr _ City/St/&ip IGARD /OR/97223-1736 LAND/BUILDING DESCRIPTION -----------F-------------- Const Type WD STUD\SHTG Year Built : 1992 Bedrooms 4 Bathrooms Total Liv SF : 3051 Acreage .27 Interior Mat DRYWALL Heat Method: COMB HTG\COOL Exterior Fin : Floor Cov CARPET Garage Type SALES INFORMATION DEED TYPE DATE PRICE BOOTS-PAGE WARRANTY 091.28/95 257750 69369 Loan Amt 0 250000 Loan Type : CONVENTIONAL Lender : WASHINGTON MUTUAL Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 81500 Imp Value 214320 Total Value:$ 295820 Tax Amt 36'9-0.93 Tax Year : 97-96 Levy Code : 02374 LEGAL INFORMATION Subdi'v Name.:. BENCHVIEW ESTATES Legal Desc BENCHVIEW ESTATES, LOT 15, ACRES .27 INFORMATION DEEMED'RELIABLE BUT NOT GUARANTEED WAS=GT0N,,,COUNTY TNTEPMA TY. CORP: SYSTEMS- Account Num. : 2000335 Map Number 2S104DC 5Gh_Q,Q-1 Di*t : T1W Lid Vie RES, IMBROVED Prop Addr : 13707/SW/BENCHVIEW, /PL City/Zip : TIGARD /97223-1736 OWNER INFORMATION Owner Nazw f HOTAN LOC & THUY N , Owner Addr 17390 NW BERNARD PL City/St'/Zip~ BEAVERTON /OR/97006-7355 LAND/BUILDING DESCRIPTION Const Type WD STUD\SHTG Year Built 1997 Bedrooms 4 Bathrooms Total Liv SF 4125 Acreage <22 Interior Mat : DRYWALL Heat- Method: E01AB. HTG\COOL Exterior Fin Floor Cov : CARPET Garage Type : BASEME14T SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE WARRANTY 04/1294 48000 35045 Loan Amt 36000 Loan Type : CONVENTIONAL Lender WAS=GTON MCtMAL Percent Own: 0 APPRAISAL & TAX INFORMATION Land Val 81500 Imp Value 264070 Total Value:$ 345570 Tax Amt 3978.33 Tax Year 97=98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc r- BENCHVIEW ESTATES, LOT 16, ACRES .22 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED WASHINGTON COUNTY ----9-------------------- INTEREALT*ORP SYSTEMS Account Num. 2000336 Map Number 2S104DC School Dist TIGARD Land Use. i VACANT,REBIDENTIAL Prop Addr L3675/SW/BENCRVT.EW /PL City/Zip TIGARD /97223-1732 OWNER INFORMATION Owner- Name MiTELL£R• EDWIN P SHARON 'L Owner Rddr :3643 SW BFNCHVIEW:PL City/St/Zip :7IGARD /OR/97223:-1.732. LAND/BUILDING DESCRIPTION Const Type : Year Built Bedrooms Bathrooms Total Liv SF Acreage .24 Interior Mat Heat Method: Exterior Fin 'Floor Cov Garage Type SALES INFORMATION DEED TYPE DATE PRICE BOOK-PAGE WfiRRANTY 09/11/92 46900 63078 Loan Amt Loan Type Lender Percent OFrn : 0 APPRAISAL & TAX INFORPl TION Land Val 59850 Imp Value Total Value:$ 59850 Tax Amt 718.19 Tax Year 97-98 Levy Code : 02374 LEGAL INFORMATION Subdiv Name : BENCHVIEW ESTATES Legal Desc TENCHVIEW ESTATES, LOT PT 17, ACRES L. 2-4- INFORMATION: DEEMED. RELIABLE; BUT-NOT.. GUARANTEED: WASHINGTON. COUNTY INTEREALTY CORP SYSTEMS Account Num. 2000337 Map Number 2S104DC *-chwb U;U.3t = T! WA D Lams Use REM IMPROVED Prop Addr 13643/SW/BENCHVIEW /PL City/Zip TIGARD /97223-1732 OWNER INFORMK-TIC94 Owner Name :MUELLER EDWIN P & Owner Addr : 13643 SW BENCHVIEW PL City/St/Zip TIGARD /OR/97223-1732 LAND/BUILDING DESCRIPTION Const•Type WD STUD\SHTG Year Built : 1990 Bedrooms 5 Bathrooms Total Liv SF : 5255 Acreage <27 Interior Mat DRYWALL Heat Method: HEAT PUMP Exterior Fin Floor Cov : CARPET Garage Type COMMUNITY SALES INFORMATION DEED TYPE DATE PRICE BOOK.-PAGE 01/20/89 64500 88036373 Loan Amt Loan Type : Lender Percent Owns APPRAISAL & TAX INFORMATION Land Val 90070 Imp Value 446500 Total Value:$ 536570 Tax Amt 6813.06 Tax Year : 97-98 Levy Code : 02374 LEGAL INFORMATION S bdivr Name : RENCHVIEW ESTATES Legal Desc •~IiENCHVIEW ESTATES, LOT 18 & PT 17, LACRES .27 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED _ ^ ~ v y\~ ~ .i \ r-' / > / I i~ I ~ \ \ ~ I ~ - i ~ 1 _ ~ ~ PL 1 ~ ~ \ ~ - ~ _ i • \ e ~_~~A ~ Erosi~ Control Fence 7.5' Storm Easement Sanitary Sewer 92.06' Easement , - - , - , - , _ _ _ _ _ _ 451' 8' Sidewalk 488' BENCHVIEW 488' I Required I Setbacks PL. I 20.? Ft. . ~ I I 4• Sanitary Sewer I 62. 8' Storm L Garage 1 FIFE 48 8' Sanitary Existing Sewer / Street Deck Lamp / I I 489' 4 / ~ V Waler / / 9 .60' Main Floor tr.88F~ FFE 491' / Deck ' Erosion 48.02' /l-Control a' lance .-J 10 77.38' 453' 480' 470' 480' ~5v Site Plan Scale 1" = 20' fd Map and Tax Lot # 2S104DC 00900 J Benchview Estates, Lot 9 f 13736 SW Benchview PI. ge Zoning = R4.5 0 ~p P~ Applicant: GLC Properties Inc Gerald R Engler 503-493-1761 HISTORY: Benchview was platted in the late 1980's. At that time a grading plan and as-builts were submitted to Tigard. The as-builts as submitted were not correct and the topography of the lot does not, nor did it ever, match the plans. In addition to the topography issue the developers and the City created a service road along the rear of the property that encroaches on the lot and effectively precludes the regrading of the lot to reduce the slope. The applicant is a builder and purchased the lot in 1994 to build a spec home on the property. In addition to this lot the applicant owned several other lots in the immediate area and built spec homes on them. In 1996 the flood occurred and the house and lot next door (Lot 8) slid down the hill and was 'destroyed. The movement also triggered a slide on this lot. The applicant hired a soils consultant. (Carlson Testing) and an engineer (Haller Engineering). After a lot of study a house was designed that was comparable to other homes in the area and "fit" the lot as well as could be planned. The plan was submitted for permits recently and during that review the City determined that the home exceeded the overall height limitations. This is the subject of this application. VARIENCE REQUEST: To allow the overall height of the structure to be 44' as defined in the City Code. (Illustration Attached) VARIENCE CRITERIA: 1. This lot was platted and approved by the City as a residential building lot. To build a home on the lot is in total compliance with the current zoning and comprehensive plan. The other properties in the area are improved with single family homes. Granting this variance will not change the use of this property nor will it affect the use of the other properties in the vicinity. Rather, the variance is needed to allow the use for which the lot was intended. 2. This lot is subject to special topography circumstances that do not exist to the majority of lots in the area. The applicant had no control over the original creation of this lot which the City approved in its present form. The lot as built slopes approximately 37 feet from front to rear and is generally at a 2/1 slope. Filling the lot to reduce the overall height of the proposed home would only be possible by creating a massive retaining wall on the rear of the lot. If it was attempted to just regrade the lot it would be impossible to catch grade on the downhill side, and the grading would cover the service road and extend down into the canyon. A retaining wall would be unsightly, and would create additional engineering challenges on a lot that already requires extensive preparation to build on it. After the retaining wall was built you would have about 60 vertical feet of walls, part retaining, and part framed. That would accomplish nothing except waste money and create a huge eyesore. It should be noted that the rear of the property backs to woods that are designated open space. From the street the home will present a regular 2-story facade just like the other homes in the area. The visual impact of this variance to the neighborhood will be minimal. 3. Other than this variance request the proposed construction fully complies with the City standards. 4. This variance will not impact any services,, utilities, traffic or parks any more than the construction of the house would had the variance not have been needed. 5. This hardship is not self imposed. The only way to utilize the property with out it would be to construct the house below street grade or reduce the house to one story. Neither of these options would fully eliminate the need for the variance, and would create a home that would not present the same appearance from the street, as the other homes in the area. The other home are large and stately. This house if reduced in height would look squat and unsightly. This is the minimum variance to create a use equal to what the other properties in the area enjoy. I I ELEv 96, ELEV96' 4X1217155¢1710.. Mew, W2/15.0 ~ 6' M.95' fGF OF Oja3 e 6 0 GS5 1 2X6 LS 5M5¢IT' O.-lC I HP2A FOLMM, TH 15 AMA FOR Pi rim WAU. CM51 1.1 W 015: FIAWIN. 5MW MAY 9E L`ED 7 GFFGLVOW5 DOAMS I MPFI~X.GWULCRAr7 H VIA / WBrFLLfOBT / 4 H VIA HO.OOM,6 i - _ / H D6A HaVOW 15 1 i Pd1EdOEam i ~ i MWAZ f00RIfJNN-am MVFLLfOMAX2f01A.LPE OVER4X12OV D1/2.. COQ WALL. OMAkVeMPVN ~ . • S A6 EICa WAY. Q I ELEV. 64' i I/ T' DGV5 ¢ 1611/ 2X12 P.f. AM DOMOM fOLIVAWN ML TO 64 i Q'AVEL / I •I / / WKWAY llf LEFT 51PE E~EVMON 5C&Z: r • 4'q' I J+ Erosion Control Fence 7.5' Storm Easement Sanitary Sewer i 92.86' Easement 6' Sidewalk 48 451' BENCHVIEW r 488 I - Required 1 Setbacks / PL. / zo.zFt. 4' Ssnitery. l Sewer / 62. / e• swan -i~ Garage 1 \ e• Sanitary, FFE 48 ' Sewer er Existing Street Deck I Lamp / 488' / / 1 I 4 / 1 / V water 1 19 .60' \ Main Floor 88 Ft. FFE 491' g3Fl.~:/ 1 ~ / \ 1 1~ / Deck CErosion ontrol 48.02' fence N w ' 10 77.38' 453' 480' 470' 460' Site Plan Scale 1° = 20' Map and Tax Lot It 2S104DC 00900 Benchview Estates, Lot 9 13736 SW Benchview PI. Zoning = R4.5 Applicant: GLC Properties Inc Gerald R Engler 503-493-1761 f vel COLLECTION . an¢r To cxTemo M4.24' .eae ANT ROCP QSTWN MY WRZ4PPAK . , l WE ROO- M-40 OR m' _ N ~ ~ ROOfeG IutEleaL 8 1 C. L 6AT[R ON r x s fAE(IA . • rni Glu DaulYane raft ROOF rL.MU / v 1 ro=rar exreAO l rweN ` (ntlTALL rtM MAV7. 1tlACTI") • WWDOW TAm • ■EN ACS soon TOP. „n man 1 NNE „M! a„ s®f Jim al .~IMblD ROOK ______-J._________1,_________17_____________________________________JT__.L, 1 i - i ~______J___________J..________L--------- ____________L___-____-_________v QIGkAT SIDE ELEVATION Qv ftoLl J ase ~o mom iii M one ,,,,o, PWVMPM WOL-54 AT iii iii i©i 1 UFVMR FLAVOR II S►04 FT. H+M FLAVOR I „r ea PT. I I um TOTAL ARZ" 77° R. •PGYfL A A P P /'/y 2207 FQONT ELEVATION • ~ © ROC ,IW+ WAS=00. CUC6M COLLECTION • p a. e SEE 1170 PLAN POW . WXXaFW4 MATEIMA16 _ & L GurTER ON 7 x 6 PA6GLL . C'V V004& YAR6 MEE ROOF P..ANI *6TICCO• EXTEM011 FNUJ rD46TALL PER M-LF. M6i1RCTlpa/ L:m VrER_FLGCR_ . . . - ________________7______________ L___________________~__~___ J___ LEFT SIDE ELEVATION 6CJLLE ~ Va' . 1'•O' GENERAL NOTES L ALL SONG E TO CO'rLY UM 'ME LATEeT ADOPTED I / .-T,~r 1 ` •N` . VERSION OF TIE INPOFM IARAIG CaM AND ANY ll 1 W APPLC.&" *TAM COPY OR LOYAL KWAXATCNA 2 ~ 7. ra OONIRAL•IOR m IPL6PO101ELE TO CIE= TWE PL01e YD m TO NOT/Y TIE DESYAETI O ANY EMOR6 OR OFepS10H6 PMOR TO TWE START OF CW6TTaCT1PL 1 wermw DEDIGNe WAYS PRECVZeN= OVER SCALM DP'DRIO&-DO NOT SCALE TIE DRKM76. A OftrM LOADS 1M0 76 FW lLWR LOAD; PLOOR AO POP S1AAS ISO P6F . GAR10E R00R 60 P6F 77e00' rrJ ' Dec" M rw - r r Taw LGDAL AFPJL mmamb DVPEFA NT MOON LOADe CXWAKA6T 67TW A' CC Al ST0%1CfY41L DGP6ER 1Dr. To DETEPrOe TIE AMMOPMATE REV16C1tl; W S. IN6{LA.,TaN ,100(KATI NONE ~f, 111111 CVAULTED) IDO(FLAT; R•71 rD0ERT R•2 FLOOR raeA "K eXTJ R- IASCOR TWLLDL6 (M. OR pl DRJ R•21 71 i • y W/ r 111111 eLAe ON 6RAOe 1o-a \ Z FURNACE DIL'Te IU6EATED 6PACE; R I •6 111 111 6, TIC AEOVE VALM& AIM A PSIMM AND "AT EE PI CIMASED r.DEMIMD. VDSY OT14 CCMTRACTOIE 111 111 1 ALL EMS CMM 6EIL.ATION M TO HAVE A FLAPS 6P1EAD RAT6O OF LE66 THAN 75 AND A SF'ILXE DDIMT IIAT66 0 LESS TIAW 460 TON. 6. "ROVOE &ELLATION DAPPLE! AT EAVE VENM EET6ED1 RAPIERS A AgD6TK11RAL.CCL~-61MLL;W AS rl%t DT on „ ii ,■0 son ON P"~~ MEAD l~ TDMD660RTI16DOPORATED•. PD. SOX e77N, i ,■0 IMvbw lomsa ^"V* ATLANTA OA 303". PNOIE Na. r46W 616.6410. Hp W L SP rP= NAWLPACTISMIM AND MODEL ISFIEAS on „ ii m,■ L . 6WOIW ON TIE RA'! AIM 6OICATKXO Cr CUA11}1• 9 p Lp"mm FLOOR I I T6 eO. PT. ONLY. TIE QDERATOhDER !WALL NOT DE PM?1MITED on M y MAN PLOOR 1667 60. FI. RI?1 WAL TM6G AATEMALS AIOAOR AFrLW(le , 01 EOIAL OWLnYA7REK1N6 PROM Ip1.yE0PED on „ moo loo TOTAL AREA 7710 S6 PT. M YAPACiIIMRS X TWE OWOEOIALDER !WALL NOT BE FOOMWTW /i N PRO•I RESTT1YT1f. TMTEMAL6 PRO4IDED TWEMEET CISSMNT CUr. LOOT. AND Ak AP"NC.W 1011 TWAT . 6PELrIC use ET M pWLD64 OPPC.IAL. REV. 6/9/^%- 2207 L ___________•___L___1____-___••-______.__._________ W REAR ELEVATION x°15' 6GA1.E . v4' T'.0• coP.orrlT ©,600 .MAN NMSCOID. o1?9nS+ d gg g fix SIX 0 U o•.[ o•.a o•.cl o•.a .o•.c .H t-.[t .A•.+ .t•.! .0-.9 .o•.t .O•.e .6•41 .tA ►•.9 •re b roe n aw rot r b .m4teean.oe[ dnlJtxan.bel • 4 I ~ 1 ~,TCJ ~ 0 M1 Nt on xoK (a/ 1 Ii30 I u b i ~9A a I 4 11 1 11 11 O ►t • 'tier V-0 0 x 1~1 I~ I - 1~ 1 1 ~'QJ] 11 CCC I I ~n 1 1 11 1 1 j + 1 - - - - - - - - 34019 liroie ixI i w F 11 Z T 11 11 11 I . I a b 11 IS 11 1 1 I 11 • 1 11 Ilxe M II 11 I1~ , I v ~ 11 II 11 r I 11 - 1 1 I n • 1 1 1114 - - e•.r [ .t .a•.1 • .9•.t [ i x 1 1 I 'd01. vs at x0 a t ©1~ I x 11 n 11 I L s ; I_ IQ - T o c u 1 i of .I ►-.c ►•.t a •t a-.► o•.e r o i O i c 11 I I I 4 f I kf oil x ~I 1 1 d..#.t I x y 1 I 'TiJ d 1 ~ • yy 1 I O d Q ~7 O 3 A 11 1i ® it .[I x Oz dV 1 • p ~ I O ~a I 1 N"r -XI 71 x 4 x j e {yyy. I 1/-11 I ;r 1 I § V111 w•tvna N•avna ~ ' s 0 _ p~ I I ~awnxon J 4 7t ~ a," IL I ~@ I I • oar:' + ~ 1 6 ell I I I w/ X I I I ) t / o I I I ,,r°• y' p s I I I .p " I I I •`'o ~ I I I n I I I 9•.e tt a r t~ + .a t 9 N [•.►9 } .9•.[ .O•.t A•.[ .a•d 1 • Z P \,I 02 f a wy(8aa[y~ C1 a is°Z11 `t•.[ 1 a•.a > • N 4 O Y OB$ o OF : p O ul 1 M ' ` I Z > Z QBQ~ o•.c w L a $a to e s a ¢o q x0 3 Z w r~ za k R()x d ~ aa ..t I o,t z W a Y W f-- _j W ul J~j a0 „ .1 1 6 i r 4 d . , ~ u HHH1 111 z. 99 9 • ° Hat 0 a J ey N 1XI all .a ~ a C~ ~P♦ ~ ■ U .O•,L 4-At .0•.0 .N 1•J! .f•.fl .►•.C .0•.N .0•.► .O•.C .0-.9 .0•d I I 1 I i I I ; 1 1 --------7----y------------1 j 1 I _ I ~ i I I I I ~ I - •i I I I 1 ' I I I 1 I - st] 1 a x ♦ t '70 tt V» A x [ ' [ Iil I 1 ♦``1 9111111 I I YI I 1 7, V 71 ~ ® ;e .Q ~ 1 1 I 1 Y I f § F III ;r 111 1 %1 1 ~ ~ + I CIII , 1 el ~J I w x I I I 1 • e % I vo rt vi vn A x c 11 .A•.► ' i i ~ 1 1 1 o .~,u r• ~ yyi ..•,01 © 8 • r'~ ~ x ® jK Is 9 j llvrl. •1_ x 11 ~O" a • •70 • ~7 O► '01 V,Dat xL 'olof V12 0 x I Q L 1 0 ~ ~ 11 ~ J II 1' I I ♦ . LL { ' 1 - 1 ' - - • - - - - - `'~l - - - - - - - - - - - - - - UU ;1 I; ° ♦ 0 1 1 1; W ;1 ~ ` 9 ~ 1' ~ ~ 'IxC i n!d '1 11 j'. 1 'o x ~ I1 ~ C ;1 t ♦J I lC ; 1 L n l ~ I I .lTiF yy 11 p I I I I 1 r d . j f II 11 11 I 1111. 11 11 11 1 ~ '20 molar Vlo 0 x [ YrY L Op xa" I I ♦ i I I I I I 1 I I I ` i j i • n I I ♦ I I I I ♦ I I I I I I - 0,9 .tA l•.M W zw 9 QO 3 i 3 i se se ! i. ~Q W? S g Q a u°'g to Q 7 ~ ~J Q Z 'V 1 O m _ F_ u i d o VI F' t Q~ -WI 0 • n0 U W U • Q s - - - a P t N • b~ X196 N97" tav 40' 1 ~ \ tiw \ 1 1y` v `mow 6 00 n~2f0~~ ~ NTWLTOF OF • r.. H,E~t16' I , v,~~~a EIEV 98' ~jRlLYTO 4XI4J7650C'O.. DBVENA aIV 96' 6' ELEV.95' TOP OF OW 2 X O. r- 1D5 016l' "O.G HP2A HaVOW 2X5L5W5a12 lH 15M A N09: EAN. SflJY MAY EE Il`kD APFWY Caam. am FORrft& WAL CON5MC ON N P Aa OF H2VOW5 Sc~ FACE 6 HMHO-P S MUSEFU.fO87' / NP2AFt7.DOtk.S r _ / - / NV6A H2WN 15 NfERI Woe / i i / i AD,FU,_o 2~IYOPE / 5JR FEI.f OVER I I/8" W PLYVOLV EXt w WAR b' our OF Tr OF OJER4X120/ER 31/1"OOI- WALL. MWOaAW MBEDN i' 9.86 EAOi WAY. a , loo r o / 1/ 71 OMT5 016"t" ElEV.64' 2X12 P.f.IED 1 ITAVEL / I A9`AU2BOfOM / FO.FDASgN F6L f0 bti' / ' •I i? WMAY MIAIL Lfff 51PE UVA110N Wig: 1" . 4`0' azv98, ELEV 96' 11/2 X71/9 M a12"O. C.ml5AMA A°PPDX, iGP Gr \ 86.2' \ \ \ 51V FOW)AfM 19.5' f0 (RVD .Ir. R'I'1r1 L ply OF 0 aK 5,QE U& 74'A'PWJLfOFOf Fl IL INI \ ~ • "Fu f0 22 f01 SOFm \ \ ElEV 69-A° 97X OF FtI OZAM- MWAS MV FU fOM' 001TOM OF fammm ` ~ • ~ -IPP~CCPJDE GF 0-'i3.dW. Ap'E - 1 ELEVATION 5CAE: I 9'-0 TNI5 PI AN T LW5MM 6M5 ANn ld AMWINCA WALE CON5f UCfION E0~ TYPICAL WALL CON5mLfION 5EE PAGE 6 / / / / / PerAa~•uw / / 5EE VeM / / B2b' A°PP~?R tOPGF PG. a FRGNf Gf I~& / / / MPB1+C lP1DE OF O1dC81N. 5L(RE . NOTES I.) N.L5WWILL5aPEdMEVFW.WNa.52X8TWO05 APM L5L COMM. 511D5 a 16" 0. C. ON 2 X 8A11D 5LL 1) »4E~PONYWNaSIkICr0EL51NrNAtf,11X65M5a16"O. C. 5J 1llFGYnPY6f0~lkONOtSd14.AL°L7;. 4J `fEA1NNLPOM(WHASW/I/2'CDR NALW/8Ra6"O. C.LU155 NOE90hERW1k. flD.~fSW/ 5!B DIAb'-0 Luz%N91W. 50 LPLflMOV15A5NOW. FWNf ELEVATION 5w r - 9'-0" n 8daAll 0.C 5/8"GA \ \ Floor ~Icv 98 fIv/. 0• / `J I 41 -01 INK 16 V 4" 6.90 5/8'GUM10cOtCGl.ba4' \ ~ ~ L9kV.•B1'-0" \ / 945WNL \ 1 / 1 ( Flaa ~Icv 96 I eT MWZWN -5r--MfAL 1 ~ "X14"DV~CLNC. i t I j °'o'~ COW" ffc,., rfF. I I Q INNING W&I, f7MI, 5M MM" MAO 77r-- V-O' I I I I I I i I I I 11 I I 9' o e'a' e'o' I I ra' r a'I E02AI-MIIt4 M..M5Nor ~r~te. . I I I I 1I I . 4 X 12 a 16" 0. C.• rtF. I I 4 2 a I6" 0. C,rm. I I I I I I I I r PF-', l I I I I I I I ~ I I I I I ~ I I I I • ~ ~ I I ~ I I I i 4 I I I I 1 I FOUNIN ION PLAN W/ I 'MEP C,Aw? & OmVEWAY o I I ~ I I I I - I I I I I I L----- I L---J =rte: , { , ?pro t U y °awv 'Y " JI, 3 SAL s W x _ ,4 Ak, >a a , Z as yy r J 1 r s r moo, , ~ r3 r ,t , to r~ t ~ Yt t,. fill , { i j 'y+ 1 , Y 1 z n, e Erosion • Control 7.S Storm Easement Fence Sanitary Sewer 92.86' Easement 8'Sldewalk 4 - :7- 451' . 0 ;A------ - - - - --7 BENCHVIEW °U I Required I Setbacks 1 I PL. i-soaFr. 4' Sanitary Sewer 62 / 81 $tOml Garage Sanitary FFE 48 ' 1 I s Sewer Existing ~ I Street Deck Lamp / 489' i' 10, V water 19 .60' / Main Floor I~eeF~ FFE 491' / A '3f4' 1~ I Deck ' I Erosion 48.02' / V -Control fence Io '~-77.38' - 453' 480' 470' 480' ~ v Site Plan Scale 1" = 20' Map and Tax Lot # 2S104DC 00900 Benchview Estates, Lot 9 ~,ejj'Lv 13736 SW Benchview PI. Zoning = R4.5 0 Applicant: GLC Properties Inc Gerald R Engler 503-493-1761 f' ' HISTORY: Benchview was platted in the late 1980's. At that time a grading plan and as-builts were submitted to Tigard. The as-builts as submitted were not correct and the topography of the lot does not, nor did it ever, match the plans. In addition to the topography issue the developers and the City created a service road along the rear of the property that encroaches. on the lot and effectively precludes the regrading of the lot to reduce the slope. The applicant is a builder and purchased the lot in 1994 to build a spec home on the property. In addition to this lot the applicant owned several other lots in the immediate area and built spec homes on them. In 1996 the flood occurred and the house and lot next door (Lot 8) slid down the hill and was destroyed. The movement also triggered a slide on this lot. The applicant hired a soils consultant (Carlson Testing) and an engineer (Haller Engineering). After a lot of studya house was designed that was comparable to other homes in the area and "fit" the lot as well as could be planned. The plan was submitted for permits recently and during that review the City determined that the home exceeded the overall height limitations. This is the subject of this application. VARIENCE REQUEST: To allow the overall height of the structure to be 44' as defined in the City Code. (Illustration Attached) VARIENCE CRITERIA: 1. This lot was platted and approved by the City as a residential building lot. To build a home on the lot is in total compliance with the current zoning and comprehensive plan. The other properties in the area are improved with single family homes. Granting',this variance will not change the use of this property nor will it affect the use of the other properties in the vicinity. Rather, the variance is needed to allow the use for which the lot was intended. 2. This lot is subject to special topography circumstances that do not exist to the majority of lots in the area. The applicant had no control over the original creation of this lot which the City approved in its present form. The lot as built slopes approximately 37 feet from front to rear and is generally at a 2/1 slope. Filling the lot to reduce the overall height of the proposed home would only be possible by creating a massive retaining wall on the rear of the lot. If it was attempted to just regrade the lot it would be impossible to catch grade on the downhill side, and the grading would cover the service road and extend down into the canyon. A retaining wall would be unsightly, and would create additional engineering challenges on a lot that already requires extensive preparation to build on it. After the retaining wall was built you would have about 60 vertical feet of walls, part retaining, and part framed. That would accomplish nothing except waste money and create a huge eyesore. It should be noted that the rear of the property backs to woods that are designated open space. From the street the home will present a regular 2-story facade just like the other homes in the area. The visual impact of this variance to the neighborhood will be minimal. 3. Other than this variance request the proposed construction fully complies with the City standards. 4. This variance will not impact any services, utilities, traffic or parks any more than the construction of the house would had the variance not have been needed. 5. This' hardship is not self imposed. The only way to utilize the property with out it would be to construct the house below street grade or reduce the house to one story. Neither of these options would fully eliminate the need for the variance, and would create a home that would not present the same appearance from the street, as the other homes in the area. The other home are large and stately. This house if reduced in height would look squat and unsightly. This is the minimum variance to create a use equal to what the other properties in the area enjoy. 1 I ~ .S J I I I &EV 98' 1mxf0 6.EV96' 4xUJ05f5aYC'0.. pRfUHNA 2/I mev, 95, fop Of L I 2 K 8l 5L 511L5~ olb"O.G i 2%615 5W5012' H02A W MAY BF 156D 15 AREA j / A°PRO ORA1UlfpPDE FOQ O WALL COT6M Gf . 5 2k ME NV2A WWOM6 WI5rMfO67' / lool H P2A FYLVG*6 - _ / N O6A HOWM 15 / RttEpJOMAM / / ~-YLAYAOTOWN&aM / / ;PADFurOWX2TOI%M / "F61.fOVERIV8"feARYWX exsw5WROJfOFforOF Mg 4X 12 OM 1/2"COPE. WA1.9FNDOVsRMVeMWH 9-M EACH WAY. / / U2'BGLf5eI6" . 1 I C1EM.64' / ' 2%12 U.. ~ 1 CRAVq. Y8A!) E BOMM / 3 I FOLIIVK ON FU f0 64' / ' I I `I •I ' WIVEWAY PMT ra. LEFT 51PE E VMON 5CAZ: I" • 4'9" i I' 7 i _L-~BENCHVI~ ~ ' l PL ~v a Ulm Erosion Control Fence 7.b' Storm Easement Sanitary Sewer 92.86' Easement 6' Sidawalk~ 48 - • - • - _ _ _ 47 • N • ~ • BENCHVIEW 488' - - - - - / Required I~_ I Setbacks PL.' ~ 20.2 Ft. 4' Sanitary_~,/ / Sewer • I 62. Storm r Garage / FFE 48 ' Sanitary Existing Street I Deck Lamp I 489- 41 I V water / 9 .60' Main Floor % l7•sdFC FFE 491' / `•~\1Ag3f4 / / Erosion 48.02' \ Deck / 'V-Control fence 10 77.38' . 463' 480' 470' 480' p Qw Site Plan Scale 1° = 20' Map and Tax Lot # 2S104DC 00900 J Benchview Estates, Lot 9 f 13736 SW Benchview PI. Zoning = R4.5 Applicant: GLC Properties Inc Gerald R Engler 503-493-1761 HISTORY: Benchview was platted in the late 1980's. At that time a grading plan and as-builts. were submitted to Tigard. The as-builts as submitted were not correct and the topography of the lot does not, nor did it ever, match the plans. In addition to the topography issue the developers and the City created a service road along the rear of the property that encroaches, on the lot and effectively precludes the regrading of the lot to reduce the slope. The applicant is a builder and purchased the lot in 1994 to build a spec home on the property. In addition to this lot the applicant owned several other lots in the immediate area and built spec homes on them. In 1996 the flood occurred and the house-and lot next door (Lot 8) slid down the hill and was destroyed. The movement also triggered a slide on this lot. The applicant hired a soils consultant (Carlson Testing) and an engineer (Haller Engineering). After a lot of study a house was designed that was comparable to other homes in the area and "fit" the lot as well as could be planned. The plan was submitted for permits recently and during that review the City determined that the home exceeded the overall height limitations. This is the subject of this application. VARIENCE REQUEST: To allow the overall height of the structure to be 44' as defined in the City Code. (Illustration Attached) VARIENCE CRITERIA: 1. This lot was platted and approved by the City as a residential building lot. To build a home on the lot is in total compliance with the current zoning and comprehensive plan. The other properties in the area are improved with single family homes. Granting. this variance will not change the use of this property nor will it affect the use of the other properties in the vicinity. Rather, the variance is needed to allow the use for which the lot was intended. 2. This lot is subject to special topography circumstances that do not exist to the majority of lots in the area. The applicant had no control over the original creation of this lot which the City approved in its present form. The lot as built slopes approximately 37 feet from front to rear and is generally at a 2/1 slope. Filling the lot to reduce the overall height of the proposed home would only be possible by creating a massive retaining wall on the rear of the lot. If it was attempted to just regrade the lot it would be impossible to catch grade on the downhill side, and the grading would cover the service road and extend down into the canyon. A retaining wall would be unsightly, and would create additional engineering challenges on a lot that already requires extensive preparation to build on it. After the retaining wall was built you would have about 60 vertical feet of walls, part retaining, and part framed. That would accomplish nothing except waste money and create a huge eyesore. It should be noted that the rear of the property backs to woods that are designated open space. From the street the home will present a regular 2-story facade just like the other homes in the area. The visual impact of this variance to the neighborhood will be minimal. 3. Other than this variance request.the proposed construction fully complies with the City standards. i 4. This variance will not impact any services, utilities, traffic or parks any more than the construction of the house would had the variance not have been needed. 5. This hardship is not self imposed. The only way to utilize the property with out it would be to construct the house below street grade or reduce the house to one story. Neither of these options would fully eliminate the need for the variance, and would create a home that would not present the same appearance from the street, as the other homes in the area. The other home are large and stately. This house if reduced in height would look squat and unsightly. This is the minimum variance to create a use equal to what the other properties in the area enjoy. ' .1 I ElEV98' 4 X2.07615 a IT' 0.. LE1Pf1A Ey ro 02V96' 6 5 M.95, fop OF OLO 2X0... D5 4 alb1," O.O. 2X8 L5 5W5a121' . 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