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VAR2007-00040 I NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2007-00040 .. ; SOLERA REAR YARD SETBACK ADJUSTMENT TICARD 120 DAYS = 12/13/2007 SECTION I. APPLICATION SUMMARY FILE NAME: SOLERA REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment(VAR) VAR2007-00040 PROPOSAL: The applicant requests approval for an adjustment to reduce the dimensional standard for the rear yard setback of the subject property by 20 percent, from 30 feet to 24 feet. The 0.09-acre subject property is Lot 1 of the approved Solera Subdivision (SUB2005- 00023). APPLICANT/ OWNER: Solera,LLC Attn:Jerry Palmer 9200 SW Nimbus Avenue Beaverton, OR 97008 LOCATION: 11488 SW 96th Avenue;WTCM 1S135CA,Tax Lot 9200 ZONING DESIGNATION: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet A.wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development. Director's. designee has APPROVED the above request The findings and conclusions on which the decision is based are noted in Section IV.:. . .. NOTICE OF TYPE I DECISION VAR2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 on • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION , Site Information, History and Proposal: The 0.09-acre subject property is located at 11488 SW 96th Avenue, on the north side of SW Greenburg Road. The subject property is Lot 1 of the approved Solera Subdivision (SUB2005-00023). The applicant requests approval for an adjustment to reduce the dimensional standard for the rear yard setback of the subject property by 20 percent, from 30 feet to 24 feet. The applicant desires to create a larger and more functional building footprint because of limitations from the more restrictive rear setback requirement of 30 feet for rear yards abutting a more restrictive zone. The subject property is zoned R-12 and the abutting property is zoned R-4.5. -In a separate application, the applicant has also requested approval for • an adjustment to the front yard setback It should be noted that the decision for Solera Subdivision denied a request for an administrative variance to reduce the rear yard setback from 30 feet to 15 feet. However, the applicant is permitted to reduce the rear yard setback by no more than 20 percent by means of an adjustment and has therefore submitted this apphcation. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant requests a reduction of the dimensional standard for the rear yard setback by 20 percent, from 30 feet.to 24 feet,which is the maximum reduction allowed under the code. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired effect; The applicant requests a reduction of dimensional standard for the rear yard setback by 20 percent to allow fOr a larger and more functional building envelope in light of the more restrictive rear yard setback of 30 feet. A reduction of the front setback by 6 feet is the least required to achieve the desired effect. The Adjustment will result in the preservation of trees, if trees are present in the development area; The development area contains no trees, as indicated by the applicant's narrative and the site plan. Therefore, the proposed adjustment will not harm trees. The Adjustment will not impede adequate emergency access to the site; The proposed adjustment will not change anything about the subject property's access. Therefore, it will not impede adequate emergency access to the site. NOTICE OF TYPE I DECISION VAR2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 • • There is not a reasonable alternative to the Adjustment which achieves the desired effect. The applicant desires a larger and more functional building envelope because of the greater restriction to the rear setback. The applicant is permitted a reduction to the required rear setback as long as it is not more than 20 percent. There is no reasonable alternative which achieves the desired effect. FINDING: Based on the analysis above,the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Final Decision: A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 24, 2007 AND BECOMES EFFECTIVE ON AUGUST 25, 2007 Questions: If you have any questions, please contact the Current Planning Division at (503) 639-4171 or stop by the Permit Center at Tigard City Hall;13125 SW Hall Blvd,Tigard, OR 97223. August 24, 2007 A O DATE BY: milyEng s istanPlanner NOTICE OF TYPE I DECISION VAR2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 //l I - ` ., CITY of TIGARD / a —^- L GEOGRAPHIC INFORMATION SYSTEM �' VICINITY MAP �� j 11111 — _ :-.D n • VAR2007-00040 \ ___------ NOR FH DAKOTA SOLERA ■■ liii II SE'1'�3ACK r ADJUSTMENT--W I.INL>41 1 , c i in .. ■ t . LEGEND: St liAll �► % SUBJECT o SITE At k cz II •'SFE.-iiii,W r -� 0.O iL�� ,�- FgPR . „4„ / \Fj�et� � tATR• . , BONITA cic IIIIIIIIIIII__ BEEF EEO RU�' D •H.,. '0 AII O • Tigard Area Map Illii-- It:Is • T LEW IS LN 0) N 0 60 120 180 240 300 Feet I-- 1'=...2...48 feet . CO 'j SW PIHAS CT PIHAS ST .4.8.:!e .I. t ELA Ar 6Ai ) IP A Information on this map is for general location only and �` , should be verified with the Development Services Division. ., 13125 Tigard,SW Hall Blvd . TAN G E LA C Tigard,OR 97223 . I (503)639gard. I http:/Mrww.ci.tigard.or.us \ �• — 1 I i ( Plot date:Aug 24,2007;C:Imagic\MAGIC03.APR •Community Development • 1 . • • . prersoreci .... . . ... .... .............- .X Conditionally Approved.. For only the work as described in: . PERMIT NO. • ' See Letter to:Follow_. [ 25.00' 8.15' Attach [ Job Addre 230/1 by:....ekg Date:#2,3/__V,22/ I _ C1- I ',7i1 SETBACKS R-12 • .,_, Ru-4. 5 REQ. - ADJ. FRONT 15' 12.75' GARAGE 20' N/A REAR ' 30' 24' i-- 0 F,11 7, • P.d- 27 • .37. 11.58' 41° r 56.10' 20.38' • 3 I 3,486 SF I ®1 2 -0 • . -0 • .t iv NJ 20.00, (4/ N- , • 1 `,,:,); ro k)/ I-. ._ _ • 1..d ..., Loco. — — [ -- - - - - 7 :/ la , ,, ,t ,._ _ _ _ _ -in"I . —,/ CO 1 I .21 10 2 I 1 I z 3,563 SF I 3,897 SF 1 , ,Z, LLI ! IC. 1 i-\J --d- / 6D 02 / (., in i _ _ _ -' LT' l--- — — — — — -.7'•' ir C := - d - CD C.,•' . c N 25.0-5' — 0 N 02'54'50" E S.W. 96TH AVENUE i DRAWN BY: GMT DATE: 8/14/07-- r REVIEWED BY: SEA alpa ,, ., DATE:8/14/07 h ,.. ,,.. , . , ,.. PROJECT NO.: 858-0 01 :;:;:,:'1;,% -,'-'• SCALE: 1 =20' COMMUNITY DEVELOPMENT • SOLERA ADJUSTMENT \ } 2 • • 7 AFFIDAVIT OF MAILING I, Patricia L. Lunsford being first duly swom/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: (O.& Bon(s)Bd..) © NOTICE OF DECISION FOR VAR2007-00040/SOLERA SETBACK ADJUSTMENT (File No./Name Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B", and by reference made a part hereof,on August 24,2007,and deposited in the United States Mail on August 24,2007,postage prepaid. it/ (Person .t Prep.. -d Notice) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the -Z V day of g ,2007. frs, OFFICIAL SEAL ( KRISTIE J PEERMAN () () ck () 1) �;; J COMMISSION NO.41192042 () MY COMMISSION EXPIRES JULY 28,2011 ( PL�t�r, t�"`~��- NOT Y PUBLICOF ORE ON My Commission Expires: 7 /z S I i • • EXHIBIT I NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT TIGARD 120 DAYS = 12/13/2007 SECTION I. APPLICATION SUMMARY FILE NAME: SOLERA REAR YARD SETBACK ADJUSTMENT CASE NO.: Adjustment(VAR) VAR2007-00040 PROPOSAL: The applicant requests approval for an adjustment to reduce the dimensional standard for the rear yard setback of the subject property by 20 percent, from 30 feet to 24 feet. The 0.09-acre subject property is Lot 1 of the approved Solera Subdivision (SUB2005- 00023). APPLICANT/ OWNER: Solera,LLC Attn:Jerry Palmer 9200 SW Nimbus Avenue Beaverton, OR 97008 LOCATION: 11488 SW 96th Avenue;WTCM 1S135CA,Tax Lot 9200 ZONING DESIGNATION: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full. range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 • • • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information, History and Proposal: The 0.09-acre subject property is located at 11488 SW 96th Avenue, on the north side of SW Greenburg Road. The subject property is Lot 1 of the approved Solera Subdivision (SUB2005-00023). The applicant requests approval for an adjustment to reduce the dimensional standard for the rear yard setback of the subject property by 20 percent, from 30 feet to 24 feet. The applicant desires to create a larger and more functional building footprint because of limitations from the more restrictive rear setback requirement of 30 feet for rear yards abutting a more restrictive zone. The subject property is zoned R-12 and the abutting property is zoned R-4.5. In a separate application, the applicant has also requested approval for an adjustment to the front yard setback It should be noted that the decision for Solera Subdivision denied a request for an administrative variance to reduce the rear yard setback from 30 feet to 15 feet. However, the applicant is permitted to reduce the rear yard setback by no more than 20 percent by means of an adjustment and has therefore submitted this apphcation. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant requests a reduction of the dimensional standard for the rear yard setback by 20 percent, from 30 feet to 24 feet,which is the maximum reduction allowed under the code. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired effect; The applicant requests a reduction of dimensional standard for the rear yard setback by 20 percent to allow for a larger and more functional building envelope in light of the more restrictive rear yard setback of 30 feet. A reduction of the front setback by 6 feet is the least required to achieve the desired effect. The Adjustment will result in the preservation of trees, if trees are present in the development area; The development area contains no trees, as indicated by the applicant's narrative and the site plan. Therefore, the proposed adjustment will not harm trees. The Adjustment will not impede adequate emergency access to the site; The proposed adjustment will not change anything about the subject property's access. Therefore, it will not impede adequate emergency access to the site. NOTICE OF TYPE I DECISION VAR2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 • • There is not a reasonable alternative to the Adjustment which achieves the desired effect. The applicant desires a larger and more functional building envelope because of the greater restriction to the rear setback. The applicant is permitted a reduction to the required rear setback as long as it is not more than 20 percent. There is no reasonable alternative which achieves the desired effect. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Final Decision: A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 24, 2007 AND BECOMES EFFECTIVE ON AUGUST 25, 2007 Questions: If you have any questions, please contact the Current Planning Division at (503) 639-4171 or stop by the Permit Center at Tigard City Hall,13125 SW Hall Blvd,Tigard, OR 97223. L`- August 24, 2007 A". 'OV• • BY: mil'y Ong DATE s star Planner • NOTICE OF TYPE I DECISION VAR2007-00040 SOLERA REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 a LL — CITY of TIGARD u.i Q - GEOGRAPHIC INFORMATION SYSTEM W ° W o VICINITY MAP _ � � VAR2007-00040 \ NORTH DAKOTA 1 SOLERA II� TB —_ / SETBACK NT \ ,— > NI- .. \s„ , ___, I- II-) Lw■ LEGEND: Ina.'_____. ? SUBJECT a ■ SITE . siAti011 r , 1 ( CF4144 1-- 6•V"RS FEkR cR ' y/ A 1 \ 1 MUk r. iii. , . O N p • ,, p O Tigard Area Map A CO C LEWIS LN 81,1\ N I I = 11 / 0 60 120 180 240 300 Feet I--. 1 248 feel CO g \ i Z SW PIHAS Cr s PIHAS ST LA a LNG �--,,�;�� "MI ( -fnuA,O) %., .„ -Y\Az: CN Information on this map is for general location only and ..i... should be verified with the Development Services Division. 13125 SW all Blvd Tigard.OR 97223 i TAN G E LA CT (503)639-4171 I http://www.ci.tigard.or.us \ �• _ ` ' ( Plot date:Aug 24,2007;C:\magic\MAGIC03.APR Community Development - . S • . X . Conditionally Approved__ 1 . ., For only the work as described in: PERMIT NO. •25.00' . See Letter to: Follow. —........ [ 815 1 . ' Attach [ t Job Addre4k 2 3 0 I -d- I Ler-i I SETBACKS R-12 ADJ. -4 5 FRONT REQ. 15' 12.75' GARAGE 20' N/A REAR 30' 24' -r, 0 61 .,37. 11.58' 41 56.10' 20.38' 3 I 3,486 SF I RA I 0 - b 0 - o -o- cN, 20.00' r I ci in .___. __ 7 • 0 . w — — t -- q 1 ' Z/ tricw --.. ca8 I I / 2 I 1 0 Z 3,563 SF • I 3,897 SF i ii !-) Cr L.,, o/ / .c\I --cr i kagi to 1 I I cn 1--- — — — — —c° N 0 25.0-5' _37.19' , ,‘, / — NI 02•54'507E-----6-1-- –' 2/; S.W. 96TH AVENUE DRAWN BY: GMT DATE: 8/14/07 REVIEWED BY: SEA ,i, . DATE.8/14/07 . - alpha PROJECT NO.: 858-001 SCALE: 1",20" COMMUNITY DEVELOPMENT SOLERA ADJUSTMENT Solera,LLC • S !& • EXHIBIT Attn:Jerry Palmer VAR2007-00037, 38,39, 40 9200 SW Nimbus Avenue SOLERA SETBACK ADJUSTMENTS Beaverton, OR 97008 Solera,LLC 101 SW Main Street# 1100 Portland,OR 97204 ADJUSTMENT kt.: 113 2007 71 - •TYPE I APPLICATIONS,Qc",j.v-'-1''-- `3,,� City of Tigard Permit Center 13125 SW Hall Blvd., Tigard,OR 97223 v T I G A R D Phone: 503.639.4171 Fax:.503.598.1960 • ' GENERAL INFORMATION Property Address/Location(s): • I)4F3rr3 SW °I Lc. Fi-Y`CX-t.4_ , FOR STAFF USE ONLY Tax Map&Tax Lot#(s): IsI3sC1i- .-97_00 Case No.: ✓ ZC:o-)-000) L ) Site Size: • C2 9 c4�rt�JZ.---0 Other Case No(s).: Applicant*: Sp/-t°v-ak_, /_Lc- Receipt No.: cP,a-out - eo= 3q 573- Address: 12-00 5 lAl Ni i✓ttil!IL.4 4-V`t;Yt.(A__Q , Application Accepted B . e t City/State: f_r_ „ -G V Y L , C_ Zip: ' 700 Date: g', I S/c-1 ri Primary Contact J-,w1 i f �fc, rYt... Date Determined To Be Co lete: Phone: 3 .4.5_Z -X 003 Fax: 77)J. 452-6043 IL- Gz067 Property Owner/Deed Holder(s)*: (Attach list if more than one) Comp Plan/Zone Designation: je/LA-11 -P4C-4.,,r71-P-4,— (2----0— Address: Phone: City/State: Zip: Rev.7/1/07 • • i\curpin\masters\land use applications\adjustment-Type 1 App.doc • *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written REQUIRED SUBMITTAL ELEMENTS authorization with this application. PROPOSAL SUMMARY ✓ Application Elements Submitted: • The owners of record of the subject property request permission for an ® Application Form Administrative Adjustment to the following provision(s) of the Community ` Development Code(please circle one only): ® Owner's Signature/Written Authorization E Title Transfer Instrument or Deed ➢Development Adjustment—Front Yardtaterior Setback and Lot Coverage ) pecial Adjustments: ❑ Site/Plot Plan(2 copies) 0/N- • Adjustments to a Subdivision ► Site/Plot Plan(reduced 81/2"x 11") • Reduction of Minimum Residential Density • 1.m-heaping Adjustments—Existing/New Street Trees ® Applicant's Statement • Parking Adjustments—Reduction in Stacking Lane Length (Addressing Criteria Under Section 18.370.020) • Parking Adjustments—Reduction in Minimum Parking for Transit Improvements/Existing Dev. • • Setback Adjustments—Setbacks to Reduce Tree Removal ® Filing Fee ,V al 1 • Wireless Communication Facility Adjustments—Distance From Another Tower - - -- ' • Washington Square Reg.Center Density Adjustments Please state the reason for the Adjustment request: _ To increase the Building Envelope on the lot to allow for a two story building height limit on the lot' APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. ♦ The applicant.has read the entire contents of the application,induding 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 �� ,20b ` 1‘4 197 a ill Applic. t/A thorized Agent Signature Owner': S'1. Owner's Signature Owner's Signature 111111 CITY OF TIGARD 8/15/2007 a 13125 SW Hall Blvd. 3:33:02PM Tigard,OR 97223 503.639.4171 TIGARD • Receipt #: 27200700000000003757 Date: 08/15/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VA R2007-00037 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00037 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 VAR2007-00038 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00038 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 VAR2007-00039 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00039 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 VAR2007-00040 [LANDUS] Development Adjust 100-0000-438000 236.00 VAR2007-00040 [LRPF] LR Planning Surcharge 100-0000-438050 35.00 Line Item Total: $1,084.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check SOLERA, LLC eae 1087 In Person 1,084.00 Payment Total: $1,084.00 • cReceipt.rpt Page 1 of 1 J Washln County,Oregon 2006-093236• Y - ' • 0810412:22:15 PM D•DB8 Cnto1 8tno22 I REED After recording,return to(Name,Address,Zip): $10.00$0.00$11.00•Total 0$27.00 Solera,LLC. 101 SW Main Street,Ste. 1100. Portland,OR 97204. 1111111 MI 11111111111111111111111 II 00991556200600932360020027 I,Richard Hobemlcht,Director of A mint and ,wo.'.o��t} SPACE RESERVED Tuition and Ex-Officio County Clerk for Washington .‘,`, County,Oregon,do hereby certify that the within ;^'�.,: ,y, Until a change is requested all tax statements FOR Instrument of writing was received and recorded In the ti wr.,,,,., g RECORDER'S USE book of records of add soyr+ty. d ' v`a>' shall be sent to the following address: C.L�,�«,�.L, �� �'i"! SAME AS ABOVE Richard W.Hobemleht,Director of A mere!and •0.:2,.t:�' Taxation,Ex-Officio County Clerk C-3 Escrow No: 45-428924-GB ', Order No: 428924 3" 3D1 BARGAIN AND SALE DEED—STATUTORY FORM (INDIVIDUAL or CORPORATION) 8 Cooper Mountain Vineyards,LLC Grantor,conveys to C) Solera,LLC MIMI I Grantee,the following described real property: SEE LEGAL DESCRIPTION ATTACHED HERETO Before signing or accepting the instrument,the person transferring fee title should inquire about the person's rights,if any, under ORS 197.352. This instrument does not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument,the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses,to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930,and to inquire about the rights of neighboring property owners,if any,under ORS 197.352. The true consideration for this conveyance is$0.00. (Here comply with the requirements of ORS 93.030). Dated July ,2006;if a corporate grantor,it has caused its name to be signed by order of its board of directors. Cooper Mountain Vineyards,LLC pro By: Robert J. roes, ember STATE OF OREGON County of This instrument was acknowledged before me on �N ,ty,t, by Robert J.Gross as Member of Cooper Mountain Vineyards,LLC. ♦::+, OFFICIAL SEAL �J ,'r TIFFANY L SAVASTANO l r -`'"='"'',,,�" NOTARY PUBLIC-OREGON ()) f y�t,Ir COMMISSION NO.6376667) MY COMMISSION EXPIRES JANUARY 25,2008 Notary Public for Cs-v;s, rcm My Commission Expires: circ ( xt t c b,o (SEAL) (� ' • LEGAL DESCRIPTION • PARCEL I Being a portion of Lot 3 of BOETCHERS ADDITION,situated in the John L.Hicklin Donation Land Claim No. 54,Township 1 South,Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon,to-wit: Beginning at an iron pipe marking the Northwest corner of said Lot 3;and running thence North 89°15'East 164.0 feet to an iron pipe; thence South 2°57'West 291.26 feet along the Easterly boundary line of the Leonard Davis Tract as recorded in Deed Book 168,at Page 183,to an iron pipe marking an intersection with the Northerly right-of-way line of Southwest Greenburg Road;thence along said right-of-way line South 78°37'East 25.27 feet to an iron rod and the true point of beginning of the tract herein described;thence North 2°57'East along the Easterly boundary line of a 25.0 foot roadway easement 192.77 feet to a brass screw set inconcrete East of the West wall of a fish pond;thence South 84°O1'East 97.58 feet to an iron rod;thence South 6°50'West 64.34 feet to an iron rod;thence South 31°08'West 47.76 feet to an iron rod;thence South 0°03'West 92.80 feet to a point of intersection with the Northerly right-of-way line of said Southwest Greenburg Road;thence North 78°37'West along said right-of-way lire to the true point of beginning. TOGETHER WITH an easement for ingress and egress over the following described parcel: Beginning at an iron pipe marking the Northwest corner of said Lot 3;and running thence North 89°15'East 164.0 feet to an iron pipe; thence South 2°57'West 100.84 feet along the Easterly boundary line of Leonard Davis Tract as recorded in Deed Book 168 at page 183 to a point,said point marking the true point of beginning of the description;thence continuing South 2°57'West 190.42 feet along said Easterly boundary line to an iron pipe marking an intersection with the Northerly right-of-way lire of S.W.Greenburg Road; thence along said right-of-way line South 78°37'East 25.27 feet to an iron rod;thence leaving said right-of-way line North 2°57'East 192.77 feet to a brass screw set in concrete East of the West wall of a fish pond;thence North 84°01'West 25 feet to the point of beginning. ALSO TOGETHER WITH an easement for ingress and egress over the following described parcel: Beginning at the Southeast corner of that tract conveyed to Loretta I.Hunnicutt by Deed recorded as Recorder's Fee No. 81-004825, said point also being on the Northerly right-of-way of SW.Greenburg Road;thence along the Easterly line of the said Hunnicutt Tract North 00°03'East 92.60 feet;thence North 31°08'East 47.76 feet to a point;thence leaving said East line South 78°37'East parallel with the Northerly right-of-way of Greenburg Road 25 feet to apoint on the Easterly line of an easement described in Book 525,page 640,Records of Washington County;thence Southerly following the Easterly line of said easement to the most Northerly Northwest corner of that parcel conveyed to Loretta I.Hunnicutt as Recorder's Fee No.80-039574,Records of Washington County;thence South 31°08'West 21.23 feet;thence South 0°03'West 90.65 feet to a point on the North right-of-way of S.W.Greenburg Road;thence along said right-of-way North 78°3T West 25.50 feet to the pointof beginning. PARCEL II Portion of Lot 3 BOETCHERS ADDITION,situated in the John L.Hicklin Donation Land Claim No.54,in Township 1 South,Range 1 West,Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: Beginning at the Northwest corner of said Lot 3 and running thence North 89'15'East 164.0 feet along the Northerly boundary line of said Lot 3 to an iron pipe,being the Northeast corner of a tract conveyed to Leonard Davis by Deed recorded in Book 168,page 183, Deed Records, Washington County,Oregon,said iron pipe marking the true point of beginning of this description;thence continuing North 89°15'East 158.90 feet;thence South 0°03'West 93.87 feet;thence North 89°15'East 10 feet;thence South 0°03'•West 115.34 feet to an iron rod on the North line of tract described in Deed to George R.Walker,et ux,recorded March 10, 1965,in Book 543, page 417,Records of Washington County;thence North 89°57'West along said North line 49.04 feet,more or less,to a point on the Easterly line of that certain easement described in Deed to George R.Walker,et ux,recorded October 8, 1964,in Book 525,page 640, Records of Washington County;thence South 31°08'West,along the Easterly line of said easement,21.23 feet to an angle point thereof;thence South 0°03'West,along the Easterly line of said easement 120.65 feet,more or less to a point on the center of SW Greenburg Road;thence North 78°3T West,along said center line to the Southeast corner of said Davis Tract;thence North 3°05'East along the East line of said Davis Tract to the true point of beginning. EXCEPTING THEREFROM the following described tract of land: Being a portion of Lot 3 of BOETCHERS ADDITION,situated in the John L. Hicklin Donation Land Claim No.54,Township 1 South,Range 1 West,Willamette Meridian,in the County of Washington and State of Oregon,to-wit: Beginning at an iron pipe marking the Northwest corner of said Lot 3;and running thence North 89°15'East 164.0 feet to an iron pipe; thence South 2°57'West 291.26 feet along the Easterly boundary line of the Leonard Davis Tract as recorded in Deed Book 168 at page 183 to a iron pipe marking an intersection with the Northerly right-of-way line of Southwest Greenburg Road;thence along said right-of-way line South 78°37'East 25.27 feet to an iron rod and the true point of beginning of the tract herein described;thence North 2°57'East along the Easterly boundary line of a 25.0 foot roadway easement 192.77 feet to a brass screw set inconcrete East of the West wall of a fish pond;thence South 84°01'East 97.58 feet to an iron rod;thence South 6°50'West 64.34 feet to an iron rod;thence South 31°08'West 47.76 feet to an iron rod;thence South 0°03'West 92.80 feet to a point of intersection with the Northerly right-of-way line of said Southwest Greenburg Road;thence North 70°37'West along said right-of-way lire to the true point of beginning. `i • 11488 SW 96TH AVENUE-INTERIOR YARD ADJUSTMENT TYPE I APPLICATION TABLE OF CONTENTS I. PROPOSAL SUMMARY 2 GENERAL INFORMATION 2 REQUEST 2 SITE DESCRIPTION 2 SURROUNDING AREA 3 PROJECT DESCRIPTION 3 II. COMPLIANCE WITH THE CITY OF TIGARD DEVELOPMENT CODE 4 18.370.020 ADJUSTMENT 4 IV. CONCLUSION 4 11488 SW 96th Avenue-Interior Yard Adjustment .444-alpha P August 15,2007 age 1 • 410 �� I. PROPOSAL SUMMARY • GENERAL INFORMATION Applicant Solera, LLC 9200 SW Nimbus Avenue Beaverton, OR 97008 [T] 503.452.8003 [F] 503.452.8043 Jerry Palmer Jerry.Palmer @AlphaCommunity.com Applicant's Representative Alpha Community Development 9200 SW Nimbus Avenue Beaverton, OR 97008 [T] 503.452.8003 [F] 503.452.8043 Sine Adams Sine.Adams @AlphaCommunity.com Property Owner Same as Applicant Maps and Tax Lot 1S135CA 9200 Site Location 11488 SW 96th Avenue Size .09 Acres Comprehensive Plan Designation Medium Density Residential Zoning R-12 Pre-Application Meeting Date July 24, 2007 REQUEST The applicant requests the administrative approval of the Type I Adjustment allowing a 20% reduction of the required Rear Yard Setback of the subject parcel in accordance with the City of Tigard Development Code. SITE DESCRIPTION This parcel was recently platted in the Solera subdivision. The original parcel had one single-family detached home on the site and the subdivision created 10 new lots of record including the subject parcel which is located one lot northeast of intersection of Greenburg Road and 96th Avenue. The site is relatively flat and currently vacant; a home will be constructed on the subject parcel. To the east, the parcel's rear yard abuts an R-4.5 zoning district, which is less dense than the R-12 zoning of the parcel. The setback standard of a structure when the R-12 1 1488 SW 96'^Avenue-Interior Yard Adjustment 4A alpha August 15,2007 Page 2 • • . zoning district abuts the R-4.5 zoning district increases the rear yard setback from 15 feet to 30 feet, thus decreasing the building envelope significantly. - ' i 1 ._ . ..->ri ,,,, , R-12 � • 1 1 ; w .z .v. } ..� . . ... .R-4.5 Parcel j� t_ • , N ' -1 t ' allIl t .' - y4 .w. s iiii .., . ..-t. G ll" G SURROUNDING AREA Direction Comprehensive Plan Designation :Zoning District Use North Medium Density Residential R-12 SFR East Low Density Residential R-4.5 SFR South Medium Density Residential R-12 SFR West Medium Density Residential R-12 SFR Data source PROJECT DESCRIPTION As stated above, since the parcel abuts an R-4.5 zoning district, the rear yard setback is increased from 15 feet to 30 feet. This decreases the building envelope on the parcel. In order to create a functioning building envelope, the front and rear yard setbacks require minor adjustments. This request will reduce the rear yard setback on the subject parcel from the required 30 feet to allow a minimum 24 foot rear yard setback. (Please refer to the drawing which demonstrates the reduced setback on the subject parcel.) Under a separate application, the developer is requesting an additional adjustment to reduce the minimum front yard setback required on this lot. Combined these adjustments will provide an adequate building envelope for the parcel. 11488 SW 96th Avenue-Interior Yard Adjustment --644-alpha August 15,2007 • Page 3 IY • • II. COMPLIANCE WITH THE CITY OF TIGARD DEVELOPMENT CODE 18.370.020 ADJUSTMENT B. Development adjustments 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: b. Interior setbacks. Up to a 20%reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Response: The applicant is requesting a 20% reduction to the rear yard setback on the subject parcel. This will allow the rear yard setback to be reduced from 30 feet to a minimum of 24 feet measured from the rear property line to the rear façade of the home. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; Response: The intent of this request is to provide a larger building envelope on the subject parcel because of required rear yard depth under current regulation. As stated above, the rear property line abuts an R-4.5 zoning district, which has increased the rear yard setback on the subject property from 15 feet to 30 feet, thus decreasing the building envelope significantly. Under a separate application, the developer is requesting an additional adjustment to reduce the minimum front yard adjustment on this lot. Combined these adjustments will provide an adequate building envelope for the parcel. As demonstrated, the request for a 20% reduction to the 30 foot rear yard setback is the least adjustment to achieve the desired effect. b. The adjustment will result in the preservation of trees,if trees are present in the development area; Response: There are no trees within the development area as shown on the Site Plan. This criterion is met. c. The adjustment will not impede adequate emergency access to the site; Response: The adjustment will allow the rear yard setback to be reduced up to 20%. This will not impede adequate emergency access to the site. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Response: The required rear yard setback is 30 feet. An adjustment to the setback standard is the only adjustment that will allow the developer to reduce the required setback; there is no alternative that will achieve the desired effect. IV. CONCLUSION This narrative and the attached exhibits demonstrate compliance with the applicable provisions of the City of Tigard Development Code. Therefore, the Applicant respectfully request approval of the front yard adjustment as proposed. 11488 SW 96th Avenue-Interior Yard Adjustment 644 alpha August 15,2007 Page d • • 25.00' 8.15' TL 2304 I . I LT-it SETBACKS R-12 I Ri=4, REQ. ADJ. FRONT 15' 12.75' GARAGE 20' N/A • REAR 30' 24' I 0 of 7 0 2'3 11.58' 11 56.10' 20.38' 3 i o o �/ 3,486 SF 1 �* 0 ci N 20.0p. NI r' 1 to , T/ w . '' co - - - - - r Q � . :2 I 1 2 I 1 ,f z j 3,563 SF CD 3,897 SF ! :3 X I W / of 1 N / m Z i 7:7, i / I L-: — — — — — —z1 — — — — — — — -I/ inY / o � � 1 0 0 �. cv ^ o // G��c,�\P� 25.05' 37.19' T---- - t 8.25' \� G\ wi N 02'54'50' E S.W. 96TH AVENUE DRAWN BY: GMT DATE: 8/14/07 ( REVIEWED BY: SEA DATE:8/14/07 �. 4 alpha PROJECT NO.: 858-001 SCALE: 1":20' COMMUNITY DEVELOPMENT SOLERA ADJUSTMENT