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VAR1990-00002POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. —1-2470 SW North Dakota 1S1 34CB, 6300 • ••■ STATE OF OREGON • County of Washington City of Tigard AVFIDAV/T OF HAILING ) ss. , being first duly sworn/affirm, on oath depose and my: (Please print) That I am a kel 16'64 The City of Tigard, Oregon. for That I served NOTICL OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: -City of Tigard Planning Director Tigard Planning Commission Tig=rd Hearings Officer Tigard City Council A coy (Public Hearing Notice/Notice of Exhibit "A") was mailed to each named attached list marked exhibit "B" on the said notice NOTICE OF DECISION as hereto bulletin baard on the 2S' day of in the Un...ted States Hail on the 25m postage prepaid. Signature rson who delivered to POST OFFICE Subscribed and sworn/affirm L 1.231 L iN `ti t4..* 415Vt.' U.? 1174 -ArlkAuktoston Expires: bkm/AFFIDAV.BKM Decision) of which is attached (Marked persons at the address shown on the day of 1 attached, was posted on an appropriate , 19 ; and deposed day o , 19474' , Person who posted ca Bulletin Hoard (For Decision Only) to me on the aLe±l_ 57/D,IqL_ day of NOTARY PUBLIC OF OREGON vhA:4MWXLMW maw CITY OF TXGARD NOTICE OF DECISION VARIANCE VAR 90 -0002 DORSEY - APPLICANT APPLICATION: A request for approval of a variance to allow a 3.8 foot setbacks where 4 feet is normally required. ZONE: R-7 (PD) (Residential, 7 units /acre, Planned Development). LOCATION: 12470 SW North Dakota (WCTM 181 34C8 tax lot 6300). DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above described application. The findings and conclusions on which the decision is based are noted below. A. FINDING OF FACT 1. Background The property was annexed to the City and rezoned from Washington County EU -4 to the City R -5 single family residential zone in 1980 (Zone Change ZC 17 -80). During the amendment of the City's Comprehensive Plan and zoning Ordinance, the property was rezoned R -7 (PD) . Anton Park subdivision and planned development was approved by the Planning Commiaeion in November, 1984. The proposal was approved with 4 foot side yard setbacks where 5 foot setbacks are normally required. All other setbacks are /consistent with the R -7 zoning district. 2. Site Information and Proposal Description A single family house is currently under construction on the subject parcel, a 5000 square foot lot in the Anton Park subdivision. The applicant requests a 3.8 foot side yard setback wherr a 4 foot setback is required. The applicant states that an erro.+ was made when the foundation for the house was installed resulting in an encroachment upon the setback of 2.4 inches. 3. Agency and NPO Comments The Engineering and Building Divisions have reviewed the proposal and have no objections to it. No other comments have been received. B. ANALYSIS AND CONCLUSION Section 18.134.050 contains the criteria for granting a variance. They are as follows: NOTICE OF DECISION - DORSEY - VAR 90 -0002 PAGE 1 ;=.JeeWeSeS eSSe eiseet e sesee s eseeeeee s 'see- eee e 1. 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 standarde, and to other properties in the same zoning district cr vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topogeevhy or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district or vicinity; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent possible while permitting some economic use of the land. 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title; and 5. The hardship is not self-imposed and the iasiance requested is the minimum which would alleviate the hardship. The proposed variance is not detrimental to the Code, comprehensive Plan, or other properties in the vicinity. The 3.8 foot side yard setbalk requested exceeds the minimum 3 foot setback required by the Uniform Building Code by 0.8 feet. The special circumstances in this case are, as the applicant states, that the foundation contractor inadvertently installed the foundation for the dwelling (currently under constructionl within the side yard setback resulting in an encroachment of 2.4 inches. No other properties in the subdivision are afesseted by the encroachment. There will be no change in the use of the property. Physical and natural systems will not be adversely affected. Although the hardship meld be considered seiX-imposed staff contends that an alternative solution, ouch as requiring the applicant to move the structure 2.4 inches in order to comply with the conditions of approval of the original subdivision application, would be a hardship and that a more appropriate solution is to approve the variance requested. The applicant requests the minimum variance which would alleviate the situation, therefore, the request for a variance is granted. C. DECISION The Director's designee approves Variance VAR 90-0002. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: NOTICE OF DECISION - DORSEY - VAR 90-0002 PAGE 2 ,•' 4 XX The applicant and owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmeat agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 2/6/90 UNLESS AN APPEAL IS FILED 3. Ameal: Any party to the decision may appeal this decision in accordance with &action 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3230 p. . 2/6/90 4. Questions: If you have questions, please call City of Tigard Planning Department, Cif! of Tigard City Hall, 13125 SW Ball Blvd., Tigard, Oregon. D BY: Viola R. Goodwin DATE Develivent Review Planner APPROVED BY: Keith S, Liden Senior 'Planner DATE •• • NSUMMERLAKE PARK \ • NOTICE OF DECISION - DORSEY - VAR 90-0002 PAGE 3 JACK DORSEY 16231 S. OAK TREE TERR. OREGON CITY, OR 97045 DORSEY HOMES, INC. 16231 S. OAK TREE. TERR. OREGON CITY, OR 97045 JAMES BOYLAN 11844 SW MORNING HILL DR TIGARD, OR 97223 3900 RUDISHAUSER HOMES, INC. 4735 SW TROY PORTLAND, OR 97219 6200 6400 1800 CUSTOM HOMES BY DAVE, INC. 4735 SW TROY PORTLAND, OR 97219 a R • -• , L tedialfilMEMBUThazazgaszesmonaminiumssiv F Try EGON LE INISTRATIVE VARIMCE APPLICATI0A CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION / igc,f 7t? l kk /f, Q,4 mf TAX MAP AND TAX LOT No......,ALar rd 0, SITE SIZE ,MY /O 0 PROPERTY OWNER /DEED HOLDER* CMS6"q� ADDRESS fln j ! S' wag' e ± 1;a /,,, PHONE ,6 6-6, ~ £ r/r CITY cad, Cat l x 0 A ZIP 9 6 o tf f APPLICANT* Jac k /0 A- lie. ADDRESS/623/ 5',O7 i'•r PHONE t,f1 ‘,/,r d CITY in-pi �'dy s 4 k' , ZIP *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) mustsign this application in the space provided on page two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request permission for a Variance to the following provision(s) of the Community Development Code. �i e1 io D -- FOR STAFF USE ONLY CASE NO. / W ED-Z____ OTAER CASE NO'S: _WA_ RECEIPT NO. _/L247 d APPLICATION ACCEPTED BY: DATE: !. / 9/ 1rA Application elements submitted: ✓ ( ) Application form (1) (B) Owner's signature /written 0 , authorization __17/ Title transfer instrument (1) 1,45) Assessor's map (1) �,!_'E) Plot plan (pre -app check list) ✓ (F) Applicant's statement (pre -app check list) (G) LIst-ogoreper„ty-oweetss-sO4 addresses-wj 1-) (H) Filing fee (tang gD---*.' DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION: N.P.O. Number: Approval Date:. Final Approval of Conditions: Planning Engineering 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: ' • 4. Applicants: To have a complete application you will, need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) , SHALL CERTIFY THAT: A. The above request does not violate an deed restrictions that may be attached to or imposed upon the subject property. S. 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. O. 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. -D. 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. DATED this day of SIGNATURES of each owner (eg. husband and wife).of the subject property. (KSL:pm10737F) 19 9'o 18134CB -06200 CUSTOM HOMES BY DAVE, 'INC RT 3 BOX 253 NEWBERG 1S134CB -06600 0 • • 0 0 OR 97132 CUSTOM HOMES BY DAVE, INC RT 3 BOX 253 NEWBERG OR 97132 v\70 AI? O Luvor 1S134CB -06 au` • •• • • •.O • Q i Y O 1 O • ♦ • • 1:1 • O CUSTOM HOMES BY DAVE, INC RT 3 BOX 253 NEWBERG OR 97132 1S133DA -03900 ••,••••0 *. ....... O•••• RUDXSBmUSER HOMES, INC 4735 SW TROY PORTLAND OR 97219 Ki TO:26C.A. a. ST IrCla OWINHETS FROM: Tigard Planning Department DATE: January 18. 1990 RE: VAR 90 -01 DORSEY A request for approval of a variance to allow a 3.8 foot side yard setback where 4 feet is normally requtred. ZONE: R -7 (PD) (Residential, 7 units /acre, Planned Devele .sent) LOCATION: 12470 SW Worth Dakota (WCTM 131 3408, tax lot 6300) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your emits by aka 29, 1990. You may use the space provided below or attach a separate letter to . return your comments. If you are unable to respond by the above dated please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Viola Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name ol! Person Commenting: Phan Number: bkm /VAR90 -01. BKM rya' z 111:41)Rii REZ IPT OF PA MENT Ea Na.t 00 i0478 CHECK r Kt3UN E0, 13 S} Y H A e CASH 'AMOUNT .. .00 a.. C (T 'RACE PAYMENT &YE' 8 . fR 0ON CITY `S; 97045 BLOC NO /ADD s. PAYMENT .. MOUNT PAID: -.PURPOSE OF .. PAYMEN ` 1O[JNT PAID • a,nw+t►.+syoY �p"4.w�..er±:w Mr w�Irw.r �F'P! ?'... r++w.. ..d....lw - 1}w rti++! -rti+i !Fw..N.... pr+++ M.+yfer...:«r !w�,wrwr.�awn.i.+...rr:y?w. 'OD 'USE APPLICATIONS, (V 9Q4:4 32 .80. TOTAL AMOUNT PAI 80:i pa j . m, { tt�' t x' c,� a 1 r i,t +a 2 -:: t . .i'> '• ; [ a F ° �4 r it + commuNny DEVELOPMENT DEPARTMENT 131M SW Heil Blvd. P.O. Box 23397, Tann', Oregon 97223 (503)639.4175 January 18, 1990 SI REQUEST FOR COMMENTS TO: Enginiiering Division FROM: Tigard Planning Division - RE: VAR90-0002 DORSEY VARIANCE VARIANCE VAR 90-02 DORSEY HOMES, INC. NPO #7 A request for approval of a variance to allow a 3.8 foot side yard setback whre 4 feet is normally required. ZONE: R-7 (PD) (Residential, 7 units/acre, Planned Development) LOCATIM : 12470 SW North Dakota (WCTM 181 34CB tax lot 6300). Attached is the site plan and applicants statement for your review. From information supplied by variouro departments and agencies and from other information available to our etaff, a report and recommendation will, be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 12/29/90.. You may use the space provided b.low ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW tall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: \k06,_ GOCkAUJON PLEASE CHECK THE FOLLOWING TEAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Comments: Name of person commentin Telephone number: of our office. REQUEST FOR COMMENTS January 18, 1990 TO: Building Division' FROM: Tigard Planning Division RE: VAR90-0002 DORSEY VARIANCE VARIANCE VAR 90-02 DORSEY HOMES, INC. NPO #7 A request for approval of a variance to allow a 3.8 foot side yard setback where 4 feet is normally required. ZONE: R-7 (PD) (Residential, 7 units/acre, Planned Development) LOCATION: 12470 SW North Dakota (WCTM 181 34CB tax lot 6300). Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other inftton available to our staff, a report and recommendation will be prepa..*.e': and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 01/29/90. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: \.)■06._ GOACk0k0. PLEASE CHECK THE FOLLOWING THAT APPLY: Z.: We 'lave reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Comments: of our office. Name of person commentin Telephone number: ...■■•=orgos 'st ****************************FORM STARTS BELOW THIS LINE*********************** PROPOSAL D FILE NO: VAR90-0002 PILE TITLE: DORSEY VARIANCE SCRIPTION APPLICANT: JACK DORSEY OWNER: easseemtra -Pcy X6231 S. OAK TREE TERRACE 0-53 4.),0t4A0_ OREGON CITY, OR 97045 olAre5 REQUEST: VARIANCE VAR 90-02 DORSEY HOMES, INC. NPO #7 A request for approval of a variance to allow a 3.8 foot side yard setback where 4 feet is normally required. ZONE s R-7 (PD) (Residential, 7 units/acre, Planned Development) LOCATION: 12470 SW North Dakota .(WCTM 181 34C8 tax lot 6300). NPO NO.: 7 CHAIRPERSON: James Boylan 626-0640 ADMINISTRATIVE DECISION ATTACHMENTS VICINITY MAP _LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN SITE PLAN OTHER STAFF CONTACT: UL. 00AL0( Mo ig & :=� c Loan tr }nspedllon COUNTY OF 1. 1 .: , _STAT5 OF OREGON LEGAL DESCRIPTION: LOT 25 _..ELK, SUBDIVIS ON: ANTON PARK CLIENT:.. THE BEND FRANd�LIM �EDEi AL SIl�Ixt�6S &. LQAL LIII lJOB V ,u.. (#' 64691 —$j ATTN,: DAVID KLAU DATE:.__. 1211.1189 SCALE: 1" ® ?. C!L 0" ■ -.,... ...r. ,I'. :.st..,.w .� •,5,,,,r..�.x- :.�:!i. i ;�::.;w»=. ! HEREBY DECLARE THE STRUCTURAL PORDVLIMENTS TO THE DESCRIBED PROPERTY ID ARE NO APPARENT ENCROACHMENTS CYORA:'3AINST THE PROPERTY IN QUESTION, EXCEPT AS MONUMIENTS FOUND. NO WARRANTY IS MADE AS TCJ THE CORRECTNESS OF SAID MONUMENTS A MONUMENTS ARE IN ERROR. THJS DECLARAWN IS MADE AT THE RrQUESTANO FOR THE EXCLUS CLIENT NAMED ABOVE, AND IS NOT IO BE USED FOR CONSTRUCTION PURPOSES, FUTURETRAN BOUNDARYLOCATION. /0 0 t'• 4s Residence Under Constructioq 49 at A4 ? Q ® 3 6„ en 4230 ME. Fr rncnf $be t, Pend • 7E1 603 2. • s1 Lot 25 R(L.., oOoaEGON a 03ERTM.SHWNNG 4 Dorsey Ho Garage c) 12470 SW N Tigard a ei LL, rth Dakota S1 11 FILE NO... rr� .»wr6 �.4 �AY.,.X. �w1n».r.et. r»rWY t.. ,e;` 5� .• 7� ....w S.J`.'.i,...+.r`.'.'.'w..r"". r'd »."!,. "!.r .."�r.......:....r. +._.a «. t ♦ i`..:rxf 1/4 CORNER ' es 4y • e„ / 9/01/4r /tom, zttw Ivewbui r Po • 17/3 O. 6.7 - 3W SEC WASH1NGTe SC, ,6600 28 4 89.62 6500 0 27 98.6.8 100 ZB5AC 4374 39.91 ;, 24 (00' 60' 6100 379 23 103.55 6000 0 22 o 11570 818.07 75' 7700 1,5900 21 2 137.66 90.31 7100 th 33 4) •s, 5700 .04 AC. 39 ©'i 7804,,, w 40 75.02 45 a 75.10 �siV 8200 Ar 44 . 7 R' 20 5500 0 17 5200 50 50' 50 50' 4800 4700 4600 4500 10 9 8 7 ;EE MAP 3 1 33DA 117.33 105.41 102' INITIAL POINT 10500 10400 0 4 a 5 79.92 10600 o 150' 61' 10700 10800 S 69°. 56' 58" 9Y 50' 50' 50' 58' 10900" °•gip 1 63.3 55' 53.30 89° 56' 59 "£ 11000 11100 10 11' Mucc ow q� 2.8! �`p© N `�i9 130.11 BI. ICI 72911. J I N �a 3 '+� 55.33 33.0)8 o �', S.W. <EDGEWATER S. W. =p�75 9 o • 5'8 R =575' � @ Z �4l.11 �f2 V, ',...5) 43, 4,, 90.05 40.22 50.11 10201 it _ �s o a `c'• o,13500 1340(g' 13300 r� 10100 a 35 10200 1 g m 0 110' to 72.11 109.95 4 a''•: 33 105.05110',:. �u�" ,.� 207 *_.,... ., 53.36 428 s' 13100 13000 1 T I S R I W REGON EE MAP 6 33AD _Ef1/4 CORNER 01 al -0 rit U, IN at LPOINT 61 31.59 72.56 .1.b 4000 62 3700 59 65.03 4800 70 55 25 29.51 4600 68 C ANCCLLED TAX LOTS 200,101 , I000 ►102, 7300, SEE MAP IS 1 34CB K^ 1 AI TA Owners Policy (10121/87) POI '\'k OF TITLE INSLI 11AM I9< sl AMER/ I'4"..I'El I R1 First American Title Insurance Company of Oregon 310 S.W. Fourth Avenue Portland, Oregon 97204.2376 • (503) 222-3651 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATI(,►.JS, FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON, a Oregon corporation, herein called the Company, is isures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land, The Company will also pay the costs, attorneys` fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. isT 41:1 titr ifTti prIc Countersigned aWite %'_' %:` ofte9ev dba FIRST AMERICAN TITLE IMURANCE COMPANY Or OREGON BY PRESIDENT ATTEST 401 r�r ‘r SECRETARY s.. Y OLTA Form 13 TI 128 8188 r►aas gacur lase mun aitnoriz mar from the insured, or only so kin as the insured shag by tha any yo to the time of payment aten- SETTLEMENT. der of , a , n ent and vi which the : 'omiW 6e obligated to pa .SCF:EDJ3LE. A Policy No.: 369763 Amount of Insurance: $19,500.00, Pre ium: $125.00 Date of Policy: November 3, 1989 at 3 :48 P.M. 1. Name of Insured: DORSEY HOMES, INC., an. Oregon corporation-- - 2. The estate or interest in the land which is covered by this policy is: The fee simple estate- - 3. Title to the estate or interest in the land is vested in: DORSEY HOMES, INC., an Oregon corporation-- - 4. The land referred to in this policy is described as follows: Lot 25, ANTON PARK, in the City of Tigard, County of Washington and State of Oregon.--- PAGE 1 of Policy (1 987) No. 369763