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VAR2009-00013
V420090 • C'it / NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2009-00013 SANDERS STREET IMPROVEMENT ADJUSTMENT 43GARD • 120 DAYS = 11/17/2009 SECTION I. APPLICATION SUMMARY FILE NAME: SANDERS STREET IMPROVEMENT ADJUSTMENT CASE NO.: Variance (VAR) VAR2009-00013 PROPOSAL: The applicant is requesting an adjustment to the street improvement standards of • Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. APPLICANT & Steven Sanders APPLICANT'S Gary P. Shepherd,Attorney OWNER: 2647 SW Talbot Rd. REP: 3115 SE Salmon St. Portland, OR 97201 Portland, OR 97214 LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutionaluses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510,and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for the adjustment. The findings and conclusions on which the decision is based are noted in Section V of this Decision. NOTICE OF TYPE II DECISION \1AR2009-00013/SANDERS S1REI7,T IMPROVEMENT AD)USI TENT PAGE 1 OF 4 • • . • SECTION III. BACKGROUND INFORMATION Vicinity& Site Information: The .35 acre site is located on the south comer of SW 106th Drive and SW Johnson Street within the Cottonwood Place subdivision. The site is zoned R-4.5 (Low Density Residential), as are all surrounding properties. An existing single-family home sits on the southern portion of the site, and it will remain on proposed Parcel 1. Homes in the area are single-family of varying ages. Site History: A search of City records shows the site was annexed into the City of Tigard in 1996 (ZCA96-00005). This approval also granted a Zone Change and Comprehensive Plan Amendment to change the zoning from Washington County R5 to City of Tigard R-4.5. In June of 2009 the City approved a 2-lot Minor Land Partition on the property. No other land use cases were found affecting this parcel. Proposal Description: This site is at the intersection of SW 106th Drive and Johnson Street. Both are classified as a local street on the City of Tigard Transportation Plan Map. At present,both streets have approximately 25 feet of right-of- way from centerline, according to the most recent tax assessor's map. An additional two feet of right-of- way is required to comply with current local street standards. Because the standard could not be met without reducing the site below 15,000 square feet, which would be the minimum required for partitioning, the applicant was conditioned to submit and receive approval for either a variance to the minimum lot size requirements under 18.370.010 or an adjustment to the street standards under 18.370.020.C.11. The applicant is requesting approval,to adjust the street improvement requirements of Chapter 18.810 in order to place future sidewalks in easements in lieu of right-of-way dedication. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received no comments or letters from adjacent property owners. • SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS Section 18.370.020.C.11 provides that adjustments for street improvement requirements (Chapter 18.810) may be approved by means of a Type II procedure, as governed by Section 18.390.040, the director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements,based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. The applicant is requesting an adjustment to Section 18.810.030 to allow a portion of future sidewalks to be placed in easements rather than dedicating additional right-of-way along SW Johnson Street and SW 106th Drive. The easements will be two feet wide along both frontages. This is the minimum necessary to accommodate future improvements. Planter strips and most of the sidewalk can be installed within the existing right-of-way. The strict application of this requirement will prevent the partitioning of the subject property into two separate lots. Not allowing the property to partition is the unacceptable adverse impact on the proposed development. Allowing the street improvements to be placed in easements, allows enough square footage for the property to be split into two lots. Property owners will be required to maintain sidewalks and planter strips and full public access will be insured. There are no natural features (wetlands, steep slopes, existing mature trees) associated with the subject property. NOTICE OF TYPE II DECISION VAR2(X)9-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 2 OF 4 • • FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION VI. OTHER STAFF COMMENTS The City Arborist has reviewed the proposal and has no objections. The Public Works Department has reviewed the proposal and has no objections. The application was also sent to the Building and Engineering Divisions,but no comments were received. SECTION VII. AGENCY COMMENTS Verizon —John Cousineau— commented that there are two small vaults located nearby that may be impacted by street improvements. If the development is required to install sidewalks and parking strips, adjustments or removal of the vaults will be at the developer's expense. Response: Street improvements including a sidewalk are not required at this time. The applicant was previously conditioned to execute a Restrictive Covenant agreeing to complete or participate in the future improvements of SW 106th Avenue and Johnson Street adjacent to the subject property (MLP2009-00001). Mr. Cousineau's comments were passed on to the Applicant's Representative. SECTION VIII. 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: THIS DECISION IS FINAL ON AUGUST 19,2009 AND BECOMES EFFECTIVE ON SEPTEMBER 3,2009 UNLESS AN APPEAL IS FILED. Areal_: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. • NOTICE OF TYPE;IT DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 3 OF 4 • • THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 2,2009. • • Questions: If you have any uestions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard Oregon at (503) 639-4171. • • • t%� �� - -�✓ August 19, 2009 PREPARED Y: Cheryl Caines DATE; • Associate Planner • • • • • • • NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 4 OF 4 • • • VICINITY MAP I T ! I VAR2009-00013 I SANDERS STREET ET � ' — IMPROVEMENT c YYY ADJUSTMENT c' / ,i? o.„..„.., • z J d ! .,--4 _ ® Subject Site J O � orrsON ST J JI. ,77,1 141 .4%) Li / ' 2'3 1 3::;.4..:;-6.1 i:1 1..t . ri5/15A-K LI' 1., 1 -1----- .v., • ix 1 / ..... 1 „0. a� „..,\17.4.:), I .� iz� / + J Information on this map is for general location .x EF ROL S1 . z f \ P only and should be verified with the Development LJ I \ ,O, Services Division. \��.G'� iv�Q Q��` Scale 1:2,743-1 in=229 ft r. 111 // `�� �TS ��� p printed at 21-Jul-09 08:31 AM —� / nr�\ T OATH IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGMD•�`l l f CONTENTACCURACY. IMELINESS OR COMPLETENESS OF ROY OF T •I / f DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO i ) ./. / LIABILITY FOR ANY ERRORS.OMISSIONS.OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. f/ i� ..? \ City of Tigard �,� �• �`/ ,`.' D 13125 SW Hall Blvd. TI�gR qps Tigard,OR 97223 t ,I /�-'/ 2JJ� 5036839.4179 -,. ):;_. vww.ti and-or. ov • a w: N.W. CORNER OF .13 S .W. JOHNS ST. POINT OF BEGINNING N 89'21'00" E 99.66' (M) 100.00' (P) _ _ TS 89'21'00 W 97.66' \._=� L 1 FD. 1/2" I.R., BENT •• S 00'10'00" W--Z¢Lu'i T.S.P., O.U. a I 2.00' w N 89'21'00" W 0.25' •ry U J g M�1 O O 0] ° n FD. 1/2" l.R., O.U. I N o GOOD FOR NORTHING I co E--( In -co CO o o LOT 13 LOT 14 •--a • OI o ,�, I 12390 SW 106TH DRIVE u O I o 0 0 o I F2 . cp ui o° ! °o o CF z c.) o Q \ F 0 oN* ° —IF-- 2' PUBLIC EASEMENT S 84'36'30" W . i 2.01' 49.15' (P) & HEAD S 84'36'30" W N ■ -- FD. 5/8" I.R., O.P. 52.48'�M)O 52 82' • _.. ---_- ----- -- �` 115- 0.c; FD. 3/4 l.P. O.U.E 0.52' S 76'50'27» 2.06' CITY �� .t(G�, E 2. 6 ■ b, LOT3 i - VI' °� 1 � /1-..- N9-- DATE-------7.7------4 \� FD. 5/8" I.R., BY �`==" --- �I �_ 0.5' BURIED, BENT, T.S.P., O.P. o � r S 39 57'00" E 0:55' GRAPHIC SCALE rn 0 15 30 60 ` ) Ir FD. 5/8" 1.R. WITH YPC IRATVAVP*__, , /STAMPED, "BUCKLES PLS 2231" ( IN FEET ) SET ON SN(1) & HELD 1 INCH = 30 FEET i i TITLE: PUBLIC EASEMENT EXHIBIT ZTec ENGINEERS, INC. DATE: • '7-8-09 PLOT DATE: 7-10-09 3737 S.E. 8TH AVE. DWG BY: JHH CHK BY: • CCF PORTLAND OREGON 97202 (503) 235-8795 SHEET: 1 OF 1 FILE: S3810-1EX2.DWG CLIENT: STEVE SANDERS Xi/M ir II 41 NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2009-00013 7, SANDERS STREET IMPROVEMENT ADJUSTMENT GirffeAuo 120 DAYS = 11/17/2009 SECTION I. APPLICATION SUMMARY FILE NAME: SANDERS STREET IMPROVEMENT ADJUSTMENT CASE NO.: Variance (VAR) VAR2009-00013 PROPOSAL: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. APPLICANT & Steven Sanders APPLICANT'S Gary P. Shepherd,Attorney OWNER: 2647 SW Talbot Rd. REP: 3115 SE Salmon St. Portland, OR 97201 Portland, OR 97214 LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional'uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for the adjustment. The findings and conclusions on which the decision is based are noted in Section V of this Decision. NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS S1REE 1'IMPROVEMENT ADJUSTMENT PAGE 1 OF 4 i • SECTION III. BACKGROUND INFORMATION Vicinity& Site Information: The .35 acre site is located on the south corner of SW 106th Drive and SW Johnson Street within the Cottonwood Place subdivision. The site is zoned R-4.5 (Low Density Residential), as are all surrounding properties. An existing single-family home sits on the southern portion of the site, and it will remain on proposed Parcel 1. Homes in the area are single-family of varying ages. Site History: A search of City records shows the site was annexed into the City of Tigard in 1996 (ZCA96-00005). This approval also granted a Zone Change and Comprehensive Plan Amendment to change the zoning from Washington County R5 to City of Tigard R-4.5. In June of 2009 the City approved a 2-lot Minor Land Partition on the property. No other land use cases were found affecting this parcel. Proposal Description: This site is at the intersection of SW 106th Drive and Johnson Street. Both are classified as a local street on the City of Tigard Transportation Plan Map. At present,both streets have approximately 25 feet of right-of- way from centerline, according to the most recent tax assessor's map. An additional two feet of right-of- way is required to comply with current local street standards. Because the standard could not be met without reducing the site below 15,000 square feet, which would be the minimum required for partitioning, the applicant was conditioned to submit and receive approval for either a variance to the minimum lot size requirements under 18.370.010 or an adjustment to the street standards under 18.370.020.C.11. The applicant is requesting approval to adjust the street improvement requirements of Chapter 18.810 in order to place future sidewalks in easements in lieu of right-of-way dedication. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received no comments or letters from adjacent property owners. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS Section 18.370.020.C.11 provides that adjustments for street improvement requirements (Chapter 18.810) may be approved by means of a Type II procedure, as governed by Section 18.390.040, the director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. The applicant is requesting an adjustment to Section 18.810.030 to allow a portion of future sidewalks to be placed in easements rather than dedicating additional right-of-way along SW Johnson Street and SW 106th Drive. The easements will be two feet wide along both frontages. This is the minimum necessary to accommodate future improvements. Planter strips and most of the sidewalk can be installed within the existing right-of-way. The strict application of this requirement will prevent the partitioning of the subject property into two separate lots. Not allowing the property to partition is the unacceptable adverse impact on the proposed development. Allowing the street improvements to be placed in easements, allows enough square footage for the property to be split into two lots. Property owners will be required to maintain sidewalks and planter strips and full public access will be insured. There are no natural features (wetlands, steep slopes, existing mature trees) associated with the subject property. NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUST7vf1ENi' PAGE 2 OF 4 FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION VI. OTHER STAFF COMMENTS The City Arborist has reviewed the proposal and has no objections. The Public Works Department has reviewed the proposal and has no objections. The application was also sent to the Building and Engineering Divisions, but no comments were received. SECTION VII. AGENCY COMMENTS Verizon —John Cousineau — commented that there are two small vaults located nearby that may be impacted by street improvements. If the development is required to install sidewalks and parking strips, adjustments or removal of the vaults will be at the developer's expense. Response: Street improvements including a sidewalk are not required at this time. The applicant was previously conditioned to execute a Restrictive Covenant agreeing to complete or participate in the future improvements of SW 106th Avenue and Johnson Street adjacent to the subject property (MLP2009-00001). Mr. Cousineau's comments were passed on to the Applicant's Representative. SECTION VIII. 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: THIS DECISION IS FINAL ON AUGUST 19,2009 AND BECOMES EFFECTIVE ON SEPTEMBER 3,2009 UNLESS AN APPEAL IS FILED. Areal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 3 OF 4 i THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 2,2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. • d' August 19, 2009 PREPARED Y: Cheryl Gaines DATE Associate Planner • NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 4 OF 4 i VICINITY MAP —r-- __ — I — VAR2009-00013 I \ I I _ SANDERS STREET ILI---------- --- -- IMPROVEMENT Li: I i.. ' ADJUSTMENT IMP c.: li C Th-----11 111 O z S. US oI �•n ® Subject Site i CS r JOHNSON ST O 4144 . ,.v' t.ii ILI I I \ " / _„----- � �� s .._ I z! 43-- ; `t/ -44c• Information on this map is• for general location = ef2FiOL Si' Z / . P only and should be verified with the Development tla ---- I 0 / / Q� Services Division. I / �-G 'Y O�5 Scale 1:2,743-1 in=229 h �_ / � `a� �zIliejoi..,5>Q)�� Map printed at 21-Jul-09 08:31 AM / .,?C / jill.'- , DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD P MANES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE / Y L�1 V C`.i.i `. /` Q CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE 1 DATA PROVIDED HEREIN-THE CITY OF ESSO SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE /: 0\44' INFORMATION P0.0NDED REGAROLESB OF HOw CAVSED. al . "...., /�/! f� •` City of Tigartl �'.:••;'.p 13125 SW Hall Blvd �P� TIGA^D•pP5 Tigard OR 97223 �`� ry�rl 503 639-4171 2 3 U I www.tigard-or.gov 0 •110 i N.W. CORNER OF LOT 13 S .W. JOHNSON ST. POINT OF BEGINNING N 89'21'00" E 99.66' (M) 100.00' (P) ___ Or S 89'21'00" W 97.66' 80.00' (P) & HELD = - / ``' FD. 1/2" I.R., BENT S 00'10'00" W-- Q T.S.P., O.U. 2.00' U-' N 89'21'00" W 0.25' ry 8 U co Q ° FD. 1/2" I.R., O.U. I N ° GOOD FOR NORTHING CC o coc LOT 13 LOT 14 O .-1 ®! o _ 1 12390 SW 106TH DRIVE • 2c:, 1 0 I o 0 7:‘--- z cn o 9 \' F CD Z Q .w000 ■ N � I , C -- I— 2' PUBLIC EASEMENT I 1 I S 84'36'30" W 2.01' .,: 49.15' (P) & HELD N±-,- S N FD.45 5/8" I.R., O.P. 52 46 (71,05:°5'00" M�O ' w • .�_. _,...:. ---1. / 5287 _._..--°.-. --- I 0.5' BURIED; BENT, �P� - - - >_P �p�/�L o T.S.P. FD. 3/4" 1.P., O.U. '�� �' �1�"i I�Fd S 24'27'25" E 0.52' y ;?� i lCa�,F PLt�R,GNCa cl_ S 76'50'27" E 2.06' ' CIT • LOT 3 1�l- v1 1 11' FD. 5/8" I.R., - g; �---_- �' �_ 0.5' BURIED, BENT, T.S.P., O.P. . / S 39'57'00" E 0:55' GRAPHIC SCALE 0 15 30 60 z FD. 5/8" 1.R. WITH YPCf .'_,. :zi - . -v / STAMPED, "BUCKLES PLS 2231" ( IN FEET ) SET ON SN(1) & HELD 1 INCH = 30 FEET . • TITLE: PUBLIC EASEMENT EXHIBIT ZTec ENGINEERS, INC. DATE: 7-8-09 PLOT DATE: 7-10-09 3737 S.E. 8TH AVE. . DWG BY: J1711-1 CHK BY: CCF PORTLAND, OREGON 97202 (503) 235-8795 SHEET: 1 OF 1 FILE: 53810-1Ex2.DWC CLIENT: STEVE SANDERS ^xi//8/T 1 • NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2009-00013 p SANDERS STREET IMPROVEMENT ADJUSTMENT 120 DAYS = 11/17/2009 SECTION I. APPLICATION SUMMARY FILE NAME: SANDERS STREET IMPROVEMENT ADJUSTMENT CASE NO.: Variance (VAR) VAR2009-00013 PROPOSAL: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. APPLICANT & APPLICANT'S OWNER: Steven Sanders REP: Gary P. Shepherd,Attorney 2647 SW Talbot Rd. 3115 SE Salmon St. Portland,OR 97201 Portland, OR 97214 LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some.civic and institutional uses are also permitted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. 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 the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page,or the current rate charged for copies at the time of the request. SECTION IX, 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: THIS DECISION IS FINAL ON AUGUST 19, 2009 AND BECOMES EFFECTIVE ON SEPTEMBER 3, 2009 UNLESS AN APPEAL IS FILED. 411 IP eal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any arty with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days•of the date the notice of the decision was mailed. The appeal fee schedule and forms are available in the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,OR 97223. • Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the , specific'issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate-body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 2, 2009. estions: If you have any questions, please contact Cheryl_ Caines, Associate Planner in the Planning Division at (503) 639-4171 or stop by Tigard City Hall at 13125 SW Hall Blvd,Tigard,OR 97223. f VICINITY MAP j . ) VAR2009-00013 I SANDERS STREET IrPA � ..' ! 1 IMPROVEMENT �i ADJUSTMENT ,U a ,g ► � 1 JONNSON T 11/1 Ah z 1r •; gJ 0 I ERROL ST i1 O�'F, «h:,:W.wMwm.. ......10 0i• °x O _ gyp# 44440#0 5 t,C.n•�� a0 O w.pr.xn.a.a if p r ♦ �,� ,� ., `, P� i TAA��APS '*'.wa rm ','�,. 23:1 ....bxJ.... _ rW.W.CORNER OF LOT 13 S.W. JOHNSON ST. PONT OF DEgNNNC (I N 897100•E 99.66'(M) 100.00'1 (P) (P)&HEIR _ Or 2'0 � 80.00' —/ S 8910•W 97.66' "7"\ `z'• FD 1/2"I.R.,RENT., I S 00'10'00•W-�Y� T.S.P.,O.U. d 1 2.00' Lo N 89'200'W 0.25 ^+$ C0FD.1/2•I.R.,O.U. • 00 FOR NORTHING E-■ -,, • 0 S it. 0 - LOT 13 g LOT 14 ti w `~ O1 12390 SW 106TH DRIVE -, Ig -3 o I p •En 8 . 8 *c�' . . 1 P I 8 w000 I `0H I • 01 -I-2'PUBLIC EASEMENT I . I S 8116'30'W I 2.01' • • \ 49.15 H 611E10 S 84'36'30•W S2 N 7505q,• ) .��� 1 ���FD.5/8•I R..O.P. (M) 528y(P) __________----1.- I; 0.5'6136190;BENT, FN/4 'PPROVA T.S.P. FD.3/4"I.P.,O.U. 4NRJ4 OIV1910N S 24'2725`E 0.52' S 76'50'27•E 2.06' I CITY JF'f IGAFHI PLN LOT `I BY<s ' DAY 9,)�.09 \ F05'5B7U8•RIR,,BENT,T.S.P.,OP, -- W L', S 1957'00'E 0.55 GRAPHIC SCALE • �!/ 0 15 30 60 / ITar _, / FD. 5/8.I.R.WITH YPC - •' ..''• `, STAMPED,"BUCKLES PLS 2231' (IN FEET) • ti''''., SET ON SN(1)k HELD I INCH. 30 FEET i TITLE:PUBLIC EASEMENT EXHIBIT ZTec ENGINEERS,INC. • DATE: 7-8-09 PLOT DATE:1-10.09 PaRTLA '541-1MIA97'202 DWG BY: ,NH CHK BY: cu 1503)235-8795 • SHEET: I OF 1 FILE: s33101ER20oc CLIENT: STEVE SANDERS NOTICE TO MORTGAGEE,LIENHOI•R,VENDOR OR SELLER • THE TIGARD DEVELOPMENT ODDE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION ' °- ADJUSTMENT TIAR`D DATE OF NOTICE: July 27,2009 FILE NUMBER: ADJUSTMENT (VAR) 2009-00013 FILE TITLE: SANDERS STREET IMPROVEMENT ADJUSTMENT REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA CommunityDevelopment Code Chapters 18.370, 18.390,and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 10, 2009. All comments should be directed to Cheryl Caines,Associate Planner 503.718.2437 in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard,Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or bye-mail to cherylcatigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR AUGUST 19, 2009. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI'ITIEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. • 0 Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMI LIED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. - SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision: • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll;any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." . I / 1 (t VICINITY MAP ' ' I f VAR2009-00013 ( . I I . _ SANDERS STREET I �" V IMPROVEMENT w ADJUSTMENT ,_a' 'i N z ® Subject Site n � a s‘' 4` 5. JOHNSON Si . 0 \� \ 25t73_Lt719t: Q. 1 \, �, ,t, i °p o� II t,0 m . CT i 13.14-4 ERROL ST iS) / ''4' a.roae.m 1ri1oa�t �_ _ Q o if . pp . a�`�o e �■,ti,r ono W„h....,:,...ao w P� i sr .� .,e.a.e,ip#,,, .,444 . :z ;1ff Ps ,z,u sm.• WQUESV RCMMc'rrs III 0 III - City of Tigard T1GA:L.c REQUEST FOR COMMENTS DATE: July 27,2009 TO: John Cousineau,Verizon OSP Network FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner 503.718.2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc a.tigard-or.gov ADJUSTMENT (VAR) 2009-00013 - SANDERS STREET IMPROVEMENT ADJUSTMENT - REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106`h Court is wider than what is currently required. Therefore, the existing 50-foot right-of-way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390,and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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 COMMENTS BACK BY: AUGUST 10,2009. 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 date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. 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 or email. X Written comments provided below: Review of current records indicates 2 small vaults that may be involved. If the development is required to place sidewalks and parking strips . Adjustments or moving of these if required, will be at the developers cost . Name&Number of Person Commenting. John Cousineau,Verizon Network Design,503-643-0371 Cheryl Gaines • From: Cousineau, John R [john.cousineau @verizon.com] Sent: Monday, July 27, 2009 1:39 PM To: Cheryl Caines Subject: Adjustment(VAR) 2009-00013 Sanders St. Improvement Adj. Attachments: Request for Comments City of Tigard.pdf 04,4400.0000.4' O 4W414t'O ."s@ <o44r.4.G 0410 44442Ga0YCCv6CQL 04p6,-,OCt Oe 44+e41400c See attached. John Cousineau Network Designer 4155 SW Cedar Hills Blvd. Beaverton, OR. 97005-2016 Office#503-643-0371 Fax#503-643-0977 iohn.cousineauaverizon.com Don't say can't. It just means you won't even try. 1 .�f S City of Tigard TIGARD REQUEST FOR COMMENTS DA l'E: I July 27,2009 TJ®` VgaH '� Brian Rager,Assistant Public Works Director I: • City of Tigard Planning Division • STAFF CONTACT: Cheryl Caines,Associate Planner 503.718.2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylcatigard-or.gov ADJUSTMENT (VAR) 2009-00013 - SANDERS STREET IMPROVEMENT ADJUSTMENT - REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right-of-way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390,and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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 COMMENTS BACK BY: AUGUST 10,2009. 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 date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. 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 or email. Written comments provided below: Name&Number of Person Commenting. 2,41 514 . .a City of Tigard TIGARD REQUEST FOR COMMENTS DA'Z'E: July 27.2009 TO: Todd Prager,City Arborist FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner 503.7182437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc(i tigard-or.gov ADJUSTMENT (VAR) 2009-00013 - SANDERS STREET IMPROVEMENT ADJUSTMENT - REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right-of-way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390,and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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 COMMENTS BACK BY: AUGUST 10,2009. 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 date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. 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 or email. Written comments provided below: — • Name&Number of Person Commenting: r ! • ll p . a City of Tigard T I G A R D REQUEST FOR COMMENTS DA l E: July 27.2009 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner 503.718.2437 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc @tigard-or.gov ADJUSTMENT (VAR) 2009-00013 - SANDERS STREET IMPROVEMENT ADJUSTMENT - REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right-of-way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390,and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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 COMMENTS BACK BY: AUGUST 10,2009. 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 date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. 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 or email. Written comments provided below: Name&Number of Person Commenting: TY OF TIGARD REQUEST FO OMMENTS NOTIFICAWN LIST FOR LAND USE & COMMUNITY D LOPMENT APPLICATIONS FILE NOS.: V AR,706 9 — Do O L 3 FILE NAME: 6 c e lrs Prd j us-1-mevt 4- CITY OFFICES _LONG RANGE PLANNING/Ron Bunch,CD Director "CURRENT PLANNING/Todd Prager/Arborist-Planner UBLIC WORKS/Brian Rager,Assistant PW Director ✓BUILDING DIVISION/Mark Vandomelen,Building Official X ENGINEERING DEPTJKim McMillan,Engineering Manager _PUBLIC WORKS/Steve Martin,Parks Supervisor _CITY ADMINISTRATION/Cathy Wheatley,City Recorder - - = c - - = -r •- _HEARINGS OFFICER(+2 sets) _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs._POLICE DEPTJJim Wolf,Crime Prevention Officer PLANNING COMMISSION(+11 sets) _CODE ENFORCEMENT/Christine Damell,Code Compliance Specialist(DCA) X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 17OmAvenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Den.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPNZOA) Mara Ulloa(Comp.Plan Amendments 8 Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue _ O.Gerald Uba,Ph.D.,Plammng&Devlpmnt(CPNDCNZON) King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(PowedinesinArea) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(ZCA)Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(CPA2CA)MS 14 1900 SW 4"'Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(zCA)MS 1s Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. —WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1-DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)'au"(Monopole Towers) Sam Hunaidi,Assistant District Manager (Notify 110001 RJR.Hwy.Crossing is Only Aecess to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe RJR Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 —SOUTHERN PACIFIC TRANS.CO.R/R —METRO AREA COMMUNICATIONS ✓CIOMCAST CABLE CORP. —TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(See Map r«Areawntad) (If Project is Within'/.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC VNW NATURAL GAS COMPANY /VERIZON — QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 B averton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48OMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (seeiaapoAmacontad) Brian Every(Apes E.driaswor Saw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 • INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 29-Jun-09) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this documer • • R *iMM& &C- ETARy /1/47-ER 14 LS • • AFFIDAVIT OF MAILING Tr110ARD tAs I,Patricia L. Lunsford,being fast duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: {Check App opsiase Bux(s)Below) © NOTICE OF DECISION FOR VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT (File No/Name Reference) ❑ AMENDED NO ICE N 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 19,2009,and deposit- the Unite tes Mail on August 19,2009,postage prepaid. (Person that P •. . -d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day ofi'L't ,2009. .w OFFICIAL SEAL `i :c arm; SHIRLEY I.TREAT (■ v NOTARY PUBLIC-OREGON ,' `� ti, COMMISSION NO.418777 2.MY COMMISSION EXPIRES APRIL 25,2011 ' NOTARY PUBT C OF OREGONI My Commission Expires: `I.6-S((.1 • • EXHIBIT NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2009-00013 SANDERS STREET IMPROVEMENT ADJUSTMENT TIGARD 120 DAYS = 11/17/2009 SECTION I. APPLICATION SUMMARY FILE NAME: SANDERS STREET IMPROVEMENT ADJUSTMENT CASE NO.: Variance (VAR) VAR2009-00013 PROPOSAL: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. APPLICANT & Steven Sanders APPLICANT'S Gary P. Shepherd,Attorney OWNER: 2647 SW Talbot Rd. REP: 3115 SE Salmon St. Portland, OR 97201 Portland, OR 97214 LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional'uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for the adjustment. The findings and conclusions on which the decision is based are noted in Section V of this Decision. NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 1 OF 4 • • SECTION III. BACKGROUND INFORMATION Vicinity&Site Information: The .35 acre site is located on the south corner of SW 106th Drive and SW Johnson Street within the Cottonwood Place subdivision. The site is zoned R-4.5 (Low Density Residential), as are all surrounding properties. An existing single-family home sits on the southern portion of the site, and it will remain on proposed Parcel 1. Homes in the area are single-family of varying ages. Site History: A search of City records shows the site was annexed into the City of Tigard in 1996 (ZCA96-00005). This approval also granted a Zone Change and Comprehensive Plan Amendment to change the zoning from Washington County R5 to City of Tigard R-4.5. In June of 2009 the City approved a 2-lot Minor Land Partition on the property. No other land use cases were found affecting this parcel. Proposal Description: This site is at the intersection of SW 106`h Drive and Johnson Street. Both are classified as a local street on the City of Tigard Transportation Plan Map. At present,both streets have approximately 25 feet of right-of- way from centerline, according to the most recent tax assessor's map. An additional two feet of right-of- way is required to comply with current local street standards. Because the standard could not be met without reducing the site below 15,000 square feet, which would be the minimum required for partitioning, the applicant was conditioned to submit and receive approval for either a variance to the minimum lot size requirements under 18.370.010 or an adjustment to the street standards under 18.370.020.C.11. The applicant is requesting approval to adjust the street improvement requirements of Chapter 18.810 in order to place future sidewalks in easements in lieu of right-of-way dedication. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received no comments or letters from adjacent property owners. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS Section 18.370.020.C.11 provides that adjustments for street improvement requirements (Chapter 18.810) may be approved by means of a Type II procedure, as governed by Section 18.390.040, the director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements,based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. The applicant is requesting an adjustment to Section 18.810.030 to allow a portion of future sidewalks to be placed in easements rather than dedicating additional right-of-way along SW Johnson Street and SW 106th Drive. The easements will be two feet wide along both frontages. This is the minimum necessary to accommodate future improvements. Planter strips and most of the sidewalk can be installed within the existing right-of-way. The strict application of this requirement will prevent the partitioning of the subject property into two separate lots. Not allowing the property to partition is the unacceptable adverse impact on the proposed development. Allowing the street improvements to be placed in easements, allows enough square footage for the property to be split into two lots. Property owners will be required to maintain sidewalks and planter strips and full public access will be insured. There are no natural features (wetlands, steep slopes, existing mature trees) associated with the subject property. NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 2 OF 4 • • FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION VI. OTHER STAFF COMMENTS The City Arborist has reviewed the proposal and has no objections. The Public Works Department has reviewed the proposal and has no objections. The application was also sent to the Building and Engineering Divisions,but no comments were received. SECTION VII. AGENCY COMMENTS Verizon—John Cousineau — commented that there are two small vaults located nearby that may be impacted by street improvements. If the development is required to install sidewalks and parking strips, adjustments or removal of the vaults will be at the developer's expense. Response: Street improvements including a sidewalk are not required at this time. The applicant was previously conditioned to execute a Restrictive Covenant agreeing to complete or participate in the future improvements of SW 106th Avenue and Johnson Street adjacent to the subject property (MLP2009-00001). Mr. Cousineau's comments were passed on to the Applicant's Representative. SECTION VIII. 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: THIS DECISION IS FINAL ON AUGUST 19,2009 AND BECOMES EFFECTIVE ON SEPTEMBER 3,2009 UNLESS AN APPEAL IS FILED. Areal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the a-veal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appelate body. NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 3 OF 4 • • • THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 2,2009. Questions: If you have any uestions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard Oregon at (503) 639-4171. August 19. 2009 PREPARED Y: Cheryl Caines DATE Associate Planner • NOTICE OF TYPE II DECISION VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT PAGE 4 OF 4 Ir. I a P. ' r VICINITY MAP r I~ w0 0 aara Frrn-�r----- 1 f 1 A , . . VAR2009-00013 !I SANDERS STREET ��� cfyaesaale IMPROVEMENT c; `tc� y� ADJUSTMENT Po wrer MS —+• I �v; AIL ora ,I '1>1 r iry S �0 aC• Mw.. Subject Site Ui i t I S� I 111 mill' i prl o coP- JOHNSON ST 0 °v'- a / -`�` �I 'rig'id 1 \1 23103A.41916 rt Q 1I �* c_......------11 \� J �� v ,� %' s • � , � / 'off JI / /: C I Z �� t' 4/ 4 Information on this map is for general location WERROL ST ZO f P only and should be verified with the Development F- ei /,' � Q� Services Division. f�i Q- 'Y p`�" Scale 1:2,743-1 in=229 ft 'Ili ,� � O 'Q��� �p Map printed at 21-Jul-09 08:31 AM r T 0 ` V DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD/ Y0h1 L�5 t8fes' QQ MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE ,� / CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE /J DATINFORM INFORMATION PROVIDE E, .. , ,,.'p / S OF HOW CAUSED .ml l -4(e'' �"' ` City of Tigard � 13125 SW Hall Blvd TIGARD ap5 Tigard,OR 97223 / 4,14-c M w.639-4171 F-- / Z {1( www.tigard-or.gov N.W. CORNER OF LOT 13 S.W. JOHNSON ST. POINT OF BEGINNING N 89'21'00" E 99.66' (M) 100.00' j (P) • �r 80.00' (P) & HELD S 89'21'00" W 97.66' FD. 1/2" LR., BENT S 00'10'00" W--v Q T.S.P., O.U. a I 2.00' N 89'21'00" W 0.25' •ry U O pp a=1 ° I n FD. 1/2" I.R., O.U. 1 o GOOD FOR NORTHING E-4 In 13o S- c z o LOT 13 LOT 14 p L.r) , r-1 0! o L.J.J I 12390 SW 106TH DRIVE o I o : o I o Z I el o P V F G ON wO A � Oo N 0 I— 2' PUBLIC EASEMENT S 84'36'30" W i 2.01' 49.15' (P) & HELD N�- FD.45 5/8" I.R., O.P. 5 +/ 'gyp) _._-_.�------- 1 2 0.5' BURIED; BENT, '-- ,_PPROVAL o T.S.P. FD. 3/4" l.P., O.U. I�� PLA�4 `I ' VISION S 24'27'25" E 0.52' F .`IG°,H" a S 76'50'27" E 2.06' + CITY '� ■ 7, LOT , Ill- 0 I . o ,A).- DATE ---- �' I BYG-- �� FD. 5/8" I.R., - a . _ 0.5' BURIED, BENT, T.S.P., O.P. O % S 39'57'00" E 0.55' GRAPHIC SCALE O�° rn / 0 15 30 60 Z. �r T ,._43 ^'> • FD. 5/8" 1.R. WITH YPC : ..`, .= o ' STAMPED, "BUCKLES PLS 2231" ( IN FEET ) } SET ON SN(1) & HELD 1 INCH = 30 FEET • TITLE: PUBLIC EASEMENT EXHIBIT ZTec ENGINEERS, INC. DATE: 7-8-09 PLOT DATE: 7-10-09 3737 S.E. 8TH AVE. DWG BY: JHH CHK BY: PORTLAND OREGON 97202 CCF (503) 235-8795 SHEET: 1 OF 1 FILE: 53810-1EX2.DWG CLIENT: STEVE SANDERS • xNMNiT • Steven W. Sanders & • EXH Barbara Swanson-Sanders VAR2009-00013 2647 SW Talbot Road SANDERS ADJUSTMENT Portland,OR 97201 Gary P. Shepherd,Attorney 3115 SE Salmon Street Portland, OR 97214 lb q AFFIDAVIT OF MAILING lax. 11G_nEL) I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: {Check App epriue Box(s)Bdow) F2 NOTICE OF DECISION FOR VAR2009-00013/SANDERS STREET IMPROVEMENT ADJUSTMENT (File No/Nacre 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 Au! t ��::.• and deposited in the United States Mail on August 19,2009,postage prepaid. //41-; 0/-j/d76 (Person that Prep d . STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the a' day of 66-e- ,2009. OFFICIAL SEAL �,�:- S1URLEY L TREAT ` ' " NOTARY PUBUC-OREGON iT' COMMISSION NO.418777 '• ' 1 L MY COMMISSION EXPIRES APRIL 25,201 '. NOTARY PUB I IC OF OREGON My Commission Expires: `f�a� • 11 EXHIBIT NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2009-00013 •71/ SANDERS STREET IMPROVEMENT ADJUSTMENT / 120 DAYS = 11/17/2009 SECTION I. APPLICATION SUMMARY FILE NAME: SANDERS STREET IMPROVEMENT ADJUSTMENT CASE NO.: Variance (VAR) VAR2009-00013 PROPOSAL: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. APPLICANT & APPLICANT'S OWNER: Steven Sanders REP: Gary P. Shepherd,Attorney 2647 SW Talbot Rd. 3115 SE Salmon St. Portland,OR 97201 Portland,OR 97214 LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S 103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some.civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. 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 the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page,or the current rate charged for copies at the time of the request. SECTION IX. 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: THIS DECISION IS FINAL ON AUGUST 19, 2009 AND BECOMES EFFECTIVE ON SEPTEMBER 3, 2009 UNLESS AN APPEAL IS FILED. S -s eal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any arty with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390 .040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days,of the date the notice Of the decision was mailed. The appeal fee schedule and forms are available in the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the . specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 2, 2009. • es�tions: If- you have any questions, please contact Cheryl Caines, Associate Planner in the Planning Division at (503) 639-4171 or stop by Tigard City Hall at 13125 SW Hall Blvd,Tigard,OR 97223. !' / ,, VICINITY MAP I L — I i VAR2009 110013 ir#71V \ I SANDERS STREET a I,' ._ IMPROVEMENT .�i Ib ADJUSTMENT i !IF liv rilli:: 14111 , „. ,JONNSON 57 . ❑ ■ ,.�. cr , ,,,, CRROL ST 1g1 / 'C `4 ,QF,r ..,'"'=.1::=17.1.74.:4—,"- •r / 4 r�� .uo mrra;w�.i�.mrt 9' hi< 00 / 3f • 'r0��j. "'`���,°.� e� III ` • ' .. 0 n e s .4 i N.W.CORNER CF LOT 13 S.W. JOHNSON ST. • POINT Of BEONEONG N 89200-E 99.66'(M) 100.00'1 (P) Or z/,� 60.00'(P)&HELD i i S 6921'00'W 97.66' 1. FD.1/2-I.R.,BENT.. . 1 - S 0010'00-W TX 1,S.P„O.U. a 1 2.00' N 8921'00"W 0.25' 8 La I R. FD.1/2 IR.,O.U. xi -� I- I w 0000 FOR NORTHING Se F 2 "g im LOT 13 ''' 101N O ,a ,. 12390 SW 106TH DRIVE ` g I 8 o I o ER 8 1 8 8 P L,GE I 8 W0p0 I D`l ON e.I —I I—2'PUBLIC EASEMENT ') I 1 S 84'36'30"W I 1 2.01' • \1E--„ 9.15(P)k HELD ' FD.5/8-I.R.,O.P. 5?:6M)1 502,0-W • __ -. i 0s BURIED;BENT. 82.(P) ..ppROVAt g S 21'2725'E 0 52' 10.3/4 IPE 02.06' I CITY,3 NAAFHI PLANNH`AO DIVISK)N 1013 1q.o9 µ DATE - +� FD.5/0-I.R.. By��?"' -". i/'_0.5'BURIED,BENT,T.S. O.P. --"' - - .,a S 3957'00 E 0.55' GRAPHIC SCALE 0 15 30 60 %;;.>/ FD.5/8'IR•TH WC b.v.4:. 1.T.,,,,e7s'.r STAMPED,"BUCKLES PLS 2231' (1N FEET) SEI ON SN(1)h HELD 1 INCH: 30 FEET J T1T1_E:PUBLIC EASEMENT EXHIBIT ZTec ENGINEERS,INC. DATE: 7-8-09 PLOT DATE:7-10-09 yy�E PORIND.CORE gg HONA97202 DWG BY. ,,1p CHIC BY: CCF 1503)235-8795 - SHEET: 1 OF 1 FILE: 52E0-1C9209D CLIENT: SIEVE SANDERS 2S103AA03800 • 2S102BCO2004 EXHIBIT(/3 ABRAHAM,BART&DARCIE CARMICHAEL,LINDA&JOSEPH 12295 SW 106TH DR 10680 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01912 2S102BB00813 AGNESSE,PHILIPPE&RACHEL COFFMAN,RIE 10455 SW JOHNSON ST 10340 SW JOHNSON ST • TIGARD,OR 97223 TIGARD,OR 97223 2S102BC05400 2S102BC05300 AUDRITSH,JEREMY&CYNTHIA A COOLEY,CRAIG L&JUNE E • 12555 SW PATHFINDER CT 4147 CASEY CT TIGARD,OR 97223 LAKE OSWEGO,OR 97034 2S103AA01914 2S102BCO2000 BAKER,DEBRA JO COSENZA,JENNIFER L 10490 SW JOHNSON ST 10690 SW FONNER ST PORTLAND,OR 97223 TIGARD,OR 97223 2S103AA03900 2S102BC05600 BARICEVIC,JOHN/KAY REV LIV TRUS CURTIN,ROBIN L& BY JOHN J/KAY F BARICEVIC TRS CURTIN,KENNETH J 12285 SW 106TH DR 14355 FOSBERG RD TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S102BC00107 2S103AA01911 BISSETT,CRAIG ALLEN DIAZ-CORTES,ALEJANDRO 10295 SW BROOKSIDE CT 10515 SW JOHNSON ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA04100 2S102BC00106 BOYER,SANDRA RAE DICKMAN,ALFRED E&CLAUDIA H 12244 SW CLYDESDALE CT 10290 SW BROOKSIDE CT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA04200 2S103AA04300 BRADEN,DONALD W LIVING TRUST DUNN,STEPHEN W AND BY DONALD W DRADEN TR HALPERN,MICHAEL L 12238 SW CLYDESDALE CT 29572 AVANTE TIGARD,OR 97223 LAGUNA NIGUEL,CA 92677 2S103AA03000 2S103AA01909 BROWN,JEANETTE M FLATTERS,JAMES G 10485 SW CLYDESDALE PL LORAINE M TIGARD,OR 97223 12385 SW 106TH DR TIGARD,OR 97223 2S103AA01908 2S102BC05200 BRUGGER,JUDITH C&JOHN A GONZALEZ,SEJIS 12355 SW 106TH DR 12515 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 2S102BB00812 • 2S102BB00700 • GRAVES,MICHAEL R AND LAWTON,MARY JANE JANINE D NOW SKELTON 10300 SW BROOKSIDE PL 10355 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01900 2S103AA02400 HADDOCK,GLEN RICHARDS AND LEFEVER,WILLIAM JAMES KATHRYN RUTH TRUSTEES 12270 SW 106TH DR 10495 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01800 2S103AA04000 HALL,BRIAN E&IRENA M LEW,ON YONG FOWN HAH 10675 SW FONNER ST 12255 SW 106TH DR TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01902 2S103AA03500 HATANAKA,BARRY LEWIS,GARY JAMES RURIKO - 10490 SW CLYDESDALE PL 10625 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01901 2S103AA03600 HELMER,GARRY L BARBARA S LINDQUIST,ROGER A MARILY 10585 SW WALNUT 10520 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S102BB00826 2S103AA02500 KELLEHER, DANIEL V&KATHRYN K MACFARLAND,ELSA TR 10465 SW JOHNSON CT 10525 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02700 2S102BC00105 KNOX,CARL J MACK,DAVID J&LORI A FLORA L 10260 SW BROOKSIDE CT 10505 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S1026C01806 2S103AA01906 KRALL,FRED&PATRICIA HELEN MARTIN,RICHARD E 12560 SW PATHFINDER CT 12320 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02600 2S103AA01904 KREBS,AMY K MARTINI,MATTHEW S/KATHERINE B& 10515 SW CLYDESDALE PL MARTINI,ROBERT CNIRGINIA M TIGARD,OR 97223 10675 SW WALNUT ST TIGARD,OR 97223 2S103AA01915 2S103AA02300 LAMBERT,ROBERT A&GEORGIA C MIRPOURIAN,MAZIEH&ZAHRA 10530 SW JOHNSON PO BOX 8552 TIGARD,OR 97223 PORTLAND,OR 97207 2S102BC05500 • 2S102BB00814 • NASS,KARI ROBINSON,JAY G&BRIGITA A • 12575 SW PATHFINDER CT 12180 SW 127TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AA03700 2S102BCO2003 NEWTON, ELIZABETH A SAKHITAB,HOMA 12300 SW 106TH DR 10700 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA03400 2S103AA01916 NICOLI,EDNA SUZANNE SANDERS,STEVEN W& 10470 SW CLYDESDALE PL SANDERS,BARBARA SWANSON TIGARD,OR 97224 2647 SW TALBOT RD PORTLAND,OR 97201 2S102BC05700 2S102BC01805 NYSSEN,BENJAMIN J& SCHRADER,MARCUS J NYSSEN,AMBER C 12490 SW 129TH ST 12615 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 2S102BCO2002 2S103AA01917 OLSEN,KENNETH E SHELLEDY LIVING TRUST OLSEN,SANDRA L BY RODNEY/JEANNINE SHELLEDY TRS 10640 SW WALNUT 12440 SW 106TH DR TIGARD,OR 97223 TIGARD,OR 97223 2S102BCO2001 2S103AA04400 OTT, PENNY N STOVER,LAWRENCE& 10540 SW WALNUT ST SHARON LIVING TRUST TIGARD,OR 97223 11700 SW TIEDEMAN AVE TIGARD,OR 97223 2S103AA01913 2S103AA01801 PARTRIDGE,SCOTT SUNDAY,MELVIN R BARBARA PO BOX 781 PO BOX 230995 JEFFERSON,OR 97352 TIGARD,OR 97281 2S103AA01910 2S102BCO2005 PEARSON,RICHARD E&MARY ANN TR TA, LEE 12330 SW 106TH DR 10620 SW WALNUT ST • TIGARD,OR 97223 PORTLAND,OR 97223 2S103AA02200 2S102BCO2006 PRICE,SHARON L THOMAS,BRENDA S&JAMES L 12250 SW 106TH DR PO BOX 230073 TIGARD,OR 97223 • PORTLAND,OR 97281 2S103AA01907 2S102BC01807 RINGER,JERRY L THOMAS,MARC C&CAROL A 12325 SW 106TH DR 10360 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02800 I • THURSTON,MILDRED TRUSTEE 10495 SW CLYDESDALE PLACE TIGARD,OR 97223 2S103AA00101 TIGARD-TUALATIN SCHOOL DISTRICT#23J • 6960 SW SANDBURG ST TIGARD,OR 97223 2S103AA03100 VAZQUEZ,MIGUEL A& GUEST,MELISSA 10475 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA03200 VILLALOBOS,MAURICIO& VALORIE 10465 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA03300 WEEKLEY,TIMOTHY E 10450 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA01905 YORK,DANIEL L/KATHLEEN S 1000 MADISON ST NEWBERG,OR 97132 • 0 • Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 16-Dec-08 AFFIDAVIT OF MAILING Tr 11 OA RD I,Patricia L.Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: © NOTICE OF DECISION FOR VAR2009-00013/SANDERS STREET IMPROVEMENT 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 u l 27 2e:• and deposited • -•- United Stat- 4.• on July27,2009,postage prepaid.(Person that Prepared.lotice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of =51 I� - ,2009. OFFICIAL SEAL `- SHIRLEY L TREAT / NOTARY PUBUC-OREGON COMMISSION NO.415777 d- MY COMMISSION EXPIRES APRIL 25,2411 N TARY PUB C OF OREGON My Commission Expires: 4{ 'I/( N TOMORTGAC E LIENH VENDOR OR SELLER: • EXH I BIT A NOTICE C�R, THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION ADJUSTMENT UllOA° ° DATE OF NOTICE: July 27,2009 FILE NUMBER: ADJUSTMENT (VAR) 2009-00013 FILE TITLE: SANDERS STREET IMPROVEMENT ADJUSTMENT REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390,and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 10, 2009. All comments should be directed to Cheryl Caines, Associate Planner 503.718.2437 in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard,Tigard,Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or bye-mail to cherylc @ tgard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR AUGUST 19, 2009. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI'1"1"EN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. • • Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. , AFTER ER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRPI"1'EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, TI-IE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision: • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll;any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: ' The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." r / f VICINITY MAP l i i VAR2009-00073 ` --i I _ SANDERS STREET +17 IMPROVEMENT v �` I" Y ~ ADJUSTMENT --- C II 4P i Ali I Z ® Sahjen Sits S� ter? ,os.� - JOHNSON ST O \ETI j _;El ; . 4.____,,,■:,,i 7 t,., r \ ti - °/0. y Iv" ,=1 ,JE w.,,.,tnnonS ym«.in,..mn 5 ERROL ST cO I ,0°- **..a.tw�ne�.«nf e T N.l)...bpm.nt )''111' / �\,�0� ` 0 w..a.'+.a nziac ae a+w Co'0 01AMOMO"GOO' 1M GMM W.0 ��' Gay a Tyw ' GARO Ps tTr SW.'m / 4�, �P 11 MA 4o�b�a.,;, — / J 1 :11 en Steven W.Sanders & • EXH I B l Barbara Swanson-Sanders VAR2009-00013 2647 SW Talbot Road SANDERS ADJUSTMENT Portland, OR 97201 Gary P.Shepherd,Attorney 3115 SE Salmon Street Portland,OR 97214 • 2S103AA03800 • 2S102BCO2004 • ABRAHAM,BART&DARCIE CARMICHAEL,LINDA&JOSEPH 12295 SW 106TH DR 10680 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01912 2S10281300813 AGNESSE,PHILIPPE&RACHEL COFFMAN,RIE 10455 SW JOHNSON ST 10340 SW JOHNSON ST TIGARD,OR 97223 TIGARD,OR 97223 2S102BC05400 2S102BC05300 AUDRITSH,JEREMY&CYNTHIA A COOLEY,CRAIG L&JUNE E 12555 SW PATHFINDER CT 4147 CASEY CT TIGARD,OR 97223 LAKE OSWEGO,OR 97034 2S103AA01914 2S102BCO2000 BAKER,DEBRA JO COSENZA,JENNIFER L 10490 SW JOHNSON ST 10690 SW FONNER ST PORTLAND,OR 97223 TIGARD,OR 97223 2S103AA03900 2S102BC05600 BARICEVIC,JOHN/KAY REV LIV TRUS CURTIN,ROBIN L& BY JOHN J/KAY F BARICEVIC TRS CURTIN,KENNETH J 12285 SW 106TH DR 14355 FOSBERG RD TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S102BC00107 2S103AA01911 BISSETT,CRAIG ALLEN DIAZ-CORTES,ALEJANDRO 10295 SW BROOKSIDE CT 10515 SW JOHNSON ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA04100 2S102BC00106 BOYER,SANDRA RAE DICKMAN,ALFRED E&CLAUDIA H 12244 SW CLYDESDALE CT 10290 SW BROOKSIDE CT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA04200 2S103AA04300 BRADEN,DONALD W LIVING TRUST DUNN,STEPHEN W AND BY DONALD W DRADEN TR HALPERN,MICHAEL L • 12238 SW CLYDESDALE CT 29572 AVANTE TIGARD,OR 97223 LAGUNA NIGUEL,CA 92677 2S103AA03000 2S103AA01909 BROWN,JEANETTE M FLATTERS,JAMES G 10485 SW CLYDESDALE PL LORAINE M TIGARD,OR 97223 12385 SW 106TH DR TIGARD,OR 97223 2S103AA01908 2S102BC05200 BRUGGER,JUDITH C&JOHN A GONZALEZ,SEJIS 12355 SW 106TH DR 12515 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 • 2S102BB00812 • 2S102BB00700 • GRAVES,MICHAEL R AND LAWTON,MARY JANE JANINE D NOW SKELTON 10300 SW BROOKSIDE PL 10355 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01900 2S103AA02400 HADDOCK,GLEN RICHARDS AND LEFEVER,WILLIAM JAMES KATHRYN RUTH TRUSTEES 12270 SW 106TH DR 10495 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01800 2S103AA04000 HALL,BRIAN E&IRENA M LEW,ON YONG FOWN HAH 10675 SW FONNER ST 12255 SW 106TH DR TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01902 2S103AA03500 HATANAKA,BARRY LEWIS,GARY JAMES RURIKO 10490 SW CLYDESDALE PL 10625 SW WALNUT TIGARD,OR 97223 • TIGARD,OR 97223 2S103AA01901 2S103AA03600 HELMER,GARRY L BARBARA S LINDQUIST, ROGER A MARILY 10585 SW WALNUT 10520 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S102BB00826 2S103AA02500 KELLEHER,DANIEL V&KATHRYN K MACFARLAND,ELSA TR 10465 SW JOHNSON CT 10525 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02700 2S102BC00105 KNOX,CARL J MACK,DAVID J&LORI A • FLORA L 10260 SW BROOKSIDE CT 10505 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S102BC01806 2S103AA01906 KRALL,FRED&PATRICIA HELEN MARTIN, RICHARD E 12560 SW PATHFINDER CT 12320 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02600 2S103AA01904 KREBS,AMY K MARTINI,MATTHEW S/KATHERINE B& • 10515 SW CLYDESDALE PL MARTINI,ROBERT CNIRGINIA M TIGARD,OR 97223 10675 SW WALNUT ST • TIGARD,OR 97223 2S103AA01915 2S103AA02300 LAMBERT,ROBERT A&GEORGIA C MIRPOURIAN,MAZIEH&ZAHRA 10530 SW JOHNSON PO BOX 8552 TIGARD,OR 97223 PORTLAND,OR 97207 • 2S102BC05500 • 2S102BB00814 • NASS,KARI ROBINSON,JAY G&BRIGITA A 12575 SW PATHFINDER CT 12180 SW 127TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AA03700 2S102BCO2003 NEWTON, ELIZABETH A SAKHITAB,HOMA 12300 SW 106TH DR 10700 SW FONNER ST • TIGARD,OR 97223 TIGARD,OR 97223 2S103AA03400 2S103AA01916 NICOLI,EDNA SUZANNE SANDERS,STEVEN W& 10470 SW CLYDESDALE PL SANDERS, BARBARA SWANSON TIGARD,OR 97224 2647 SW TALBOT RD PORTLAND,OR 97201 2S102BC05700 2S102BC01805 NYSSEN, BENJAMIN J& SCHRADER,MARCUS J NYSSEN,AMBER C 12490 SW 129TH ST 12615 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 • 2S102BCO2002 2S103AA01917 OLSEN,KENNETH E SHELLEDY LIVING TRUST OLSEN,SANDRA L BY RODNEY/JEANNINE SHELLEDY TRS 10640 SW WALNUT 12440 SW 106TH DR TIGARD,OR 97223 TIGARD,OR 97223 2S102BCO2001 2S103AA04400 OTT,PENNY N STOVER,LAWRENCE& 10540 SW WALNUT ST SHARON LIVING TRUST TIGARD,OR 97223 11700 SW TIEDEMAN AVE TIGARD,OR 97223 2S103AA01913 2S103AA01801 PARTRIDGE,SCOTT SUNDAY,MELVIN R BARBARA PO BOX 781 PO BOX 230995 JEFFERSON,OR 97352 TIGARD,OR 97281 2S103AA01910 2S102BCO2005 PEARSON,RICHARD E&MARY ANN TR TA,LEE 12330 SW 106TH DR 10620 SW WALNUT ST TIGARD,OR 97223 PORTLAND,OR 97223 2S103AA02200 2S102BCO2006 PRICE,SHARON L THOMAS,BRENDA S&JAMES L 12250 SW 106TH DR PO BOX 230073 TIGARD,OR 97223 PORTLAND,OR 97281 2S103AA01907 2S102BC01807 RINGER,JERRY L THOMAS,MARC C&CAROL A 12325 SW 106TH DR 10360 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02800 • • THURSTON,MILDRED TRUSTEE 10495 SW CLYDESDALE PLACE TIGARD,OR 97223 2S103AA00101 TIGARD-TUALATIN SCHOOL DISTRICT#23J 6960 SW SANDBURG ST TIGARD,OR 97223 2S103AA03100 VAZQUEZ,MIGUEL A& GUEST,MELISSA 10475 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA03200 VILLALOBOS,MAURICIO& VALORIE 10465 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA03300 WEEKLEY,TIMOTHY E 10450 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA01905 YORK,DANIEL L/KATHLEEN S 1000 MADISON ST NEWBERG,OR 97132 • • Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue • Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 16-Dec-08 • • AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: VAR2009-00013 Land Use File Name: SANDERS STREET IMPROVEMENT ADJUSTMENT I, Hap Watkins, Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no addresss(ss)) and/or tax lot(s) currently registered) .(2,9D /049 4-v-4 i mitYpi,(/ �/'" u.11,511- 7142-441/ hfrik. and did person post notice of the proposed land use application(s) by means of weatherproof posting in the general p p p p PP iP vicinity of the affected territory, a coy of said notice being hereto attached and by reference made a part hereof, on the 27 it day of <_2g"—/ .2009. r_LA I : LLf:. Signature o' Perso r. o Performed Posting h:\login\patty\masters\affidavit of posting for applicant to post public hearing.doc SANDERS STREET IMPROVEMENT ADJUSTMENT ADJUSTMENT (VAR) 2009-00013 REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right-of-way is now too narrow to accommodate possible futile improvements to meet current standards. LOCATION: 12390 SW 106th Drive; Washington County Tax Map 2S103AA, Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, and 18.84. Further information may be obtained from the Planning Division (staff contact: Cheryl Caines, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to cherylc@tigard-or.gov.tgard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. / �`'!'�j�l Area Notified (500 Ft)Aimmm al- IL Ili •♦J• / ..- AlOW ST\1--- :� '611111 mai #4 i/� '• SANDERS�11l4Rh4ldCE' ;f_1_:14:11;13ti •� 1.111.7 AA 1 1 2S103 9 6 �r ....... p 1 ..sit' ''�� ...:..:..:.::.:..:..:..:..:..:..:..:..:....:.::.::.::.:........::.:. All 1 4 :::::::::::::.., ::..:::::::::::::::::::::::":::- ...4111r ......:::::„:::::::::::::::::::::::::::::::::::::::::::::::::.. _.......,--------\\ Alt ,r 11 a iiiii 1 1 11 11 IIIII F.74 s g sep a an lipil 1 0:147 ::::::::::::::::;i:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::: mig M. n .::::::::::::::::::: l:::::::::::i::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: g---s *.iii, uskulb.:::::::::::::::: V et—.. ♦ •.�. �1,. Subject Site, 40 ) :;:;:;:;:;;:;:;1:;:;:;:;:;:::;::;;;:;:;::;ii;i:;i:1::;i:;:::::;::;::;'. MIN •iiiiiiiiiiiiiiiii' cir IniF[1.1. F ��'♦ `�'' Property owner information is valid' . for 3 months from the date printed on ma P ii 1 WR I i 1.1 .1 , . ♦♦ f4'AW III ill ill= II 1 .. 41"ir.I III t .. ■ � `�.J� •' ,, , Map Pdnled 07/14/2009.,.....6,11414;k0 .4°4 4 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::. *. 44 • mme• , . ' r �' ♦ ,♦ Information on this map is for general eloPmn - onl and should be verfied with the Develo ment LILL � '' ►' , ♦� � y Services Dlvlslon. P 4' 11, DATA IS DERA/ED FRMIA.T�LESWRCES THE CITY OF TIGARD C� ■ �� ♦ M410=5 NOT WARRY,REPRESATIW,FE GEEAS TOTHE NTACWRACY,71MELINE N GR OPLETENESS OF ANY OF THE`` . �., . DATA PROVIDED HEREW THE GTYOF TIGARD SMALL ASSUME NO y in,..9,...:iii�I '' , . LBAE,FO FOR ANI'ERRORSOMI$$IOS OR INACWRAGES INTHE � � PlFORMAnON PRONDED REGARDLESS OF HOW CAUSEDill - . ■ COMMUNITY DEVELOPMENT DEPARTMENT.. gins■ J ♦' ^ otyol Tigard ��� Iwo; - ' , ^ D ( 13125 SW Hall i a �� t .,, r�' srt e/r�J Tlgard.3941723 p I� r . ` 'tl•f•M!�" 503 639-4171 II w / -_■■��.. .,�,�-_ _` A. -`_ www.ligard-or.9DV T I(�A Fi Il In& • • • • 2S103AA03800 2S102BCO2004 ABRAHAM,BART&DARCIE CARMICHAEL,LINDA&JOSEPH 12295 SW 106TH DR 10680 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01912 2S102BB00813 AGNESSE,PHILIPPE&RACHEL COFFMAN,RIE 10455 SW JOHNSON ST 10340 SW JOHNSON ST TIGARD,OR 97223 TIGARD,OR 97223 • 2S102BC05400 2S102BC05300 AUDRITSH,JEREMY&CYNTHIA A COOLEY,CRAIG L&JUNE E • 12555 SW PATHFINDER CT 4147 CASEY CT TIGARD,OR 97223 LAKE OSWEGO,OR 97034 2S103AA01914 2S102BCO2000 BAKER,DEBRA JO COSENZA,JENNIFER L 10490 SW JOHNSON ST 10690 SW FONNER ST PORTLAND,OR 97223 TIGARD,OR 97223 2S103AA03900 2S102BC05600 BARICEVIC,JOHN/KAY REV LIV TRUS CURTIN,ROBIN L& BY JOHN J/KAY F BARICEVIC TRS CURTIN,KENNETH J 12285 SW 106TH DR 14355 FOSBERG RD TIGARD,OR 97223 LAKE OSWEGO,OR 97035 • 2S102BC00107 2S103AA01911 BISSETT,CRAIG ALLEN DIAZ-CORTES,ALEJANDRO 10295 SW BROOKSIDE CT 10515 SW JOHNSON ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA04100 2S102BC00106 BOYER,SANDRA RAE DICKMAN,ALFRED E&CLAUDIA H 12244 SW CLYDESDALE CT 10290 SW BROOKSIDE CT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA04200 2S103AA04300 BRADEN, DONALD W LIVING TRUST DUNN,STEPHEN W AND BY DONALD W DRADEN TR HALPERN,MICHAEL L 12238 SW CLYDESDALE CT 29572 AVANTE TIGARD,OR 97223 LAGUNA NIGUEL,CA 92677 2S103AA03000 2S103AA01909 BROWN,JEANETTE M FLATTERS,JAMES G 10485 SW CLYDESDALE PL LORAINE M TIGARD,OR 97223 12385 SW 106TH DR TIGARD,OR 97223 2S103AA01908 2S102BC05200 BRUGGER,JUDITH C&JOHN A GONZALEZ,SEJIS 12355 SW 106TH DR 12515 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 • . • • 2S102BB00812 2S102BB00700 GRAVES,MICHAEL R AND LAWTON,MARY JANE JANINE D NOW SKELTON 10300 SW BROOKSIDE PL 10355 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01900 2S103AA02400 HADDOCK,GLEN RICHARDS AND LEFEVER,WILLIAM JAMES KATHRYN RUTH TRUSTEES 12270 SW 106TH DR 10495 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01800 2S103AA04000 HALL,BRIAN E&IRENA M LEW,ON YONG FOWN HAH 10675 SW FONNER ST 12255 SW 106TH DR TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01902 2S103AA03500 HATANAKA,BARRY LEWIS,GARY JAMES RURIKO 10490 SW CLYDESDALE PL 10625 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S103AA01901 2S103AA03600 HELMER,GARRY L BARBARA S LINDQUIST,ROGER A MARILY 10585 SW WALNUT 10520 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S102BB00826 2S103AA02500 KELLEHER,DANIEL V&KATHRYN K MACFARLAND,ELSA TR 10465 SW JOHNSON CT 10525 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02700 2S102BC00105 KNOX,CARL J MACK,DAVID J&LORI A FLORA L 10260 SW BROOKSIDE CT 10505 SW CLYDESDALE PL TIGARD,OR 97223 TIGARD,OR 97223 2S102BC01806 2S103AA01906 KRALL,FRED&PATRICIA HELEN MARTIN,RICHARD E 12560 SW PATHFINDER CT 12320 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AA02600 2S103AA01904 KREBS,AMY K MARTINI,MATTHEW S/KATHERINE B& 10515 SW CLYDESDALE PL MARTINI,ROBERT CNIRGINIA M TIGARD,OR 97223 10675 SW WALNUT ST TIGARD,OR 97223 2S103AA01915 2S103AA02300 LAMBERT,ROBERT A&GEORGIA C MIRPOURIAN,MAZIEH&ZAHRA 10530 SW JOHNSON PO BOX 8552 TIGARD,OR 97223 PORTLAND,OR 97207 • ' • • • 2S102BC05500 2S102BB00814 NASS,KARI ROBINSON,JAY G&BRIGITA A 12575 SW PATHFINDER CT 12180 SW 127TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103AA03700 2S102BCO2003 NEWTON,ELIZABETH A SAKHITAB,HOMA 12300 SW 106TH DR 10700 SW FONNER ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AA03400 2S103AA01916 NICOLI,EDNA SUZANNE SANDERS,STEVEN W& 10470 SW CLYDESDALE PL SANDERS,BARBARA SWANSON TIGARD,OR 97224 2647 SW TALBOT RD PORTLAND,OR 97201 2S102BC05700 2S102BC01805 NYSSEN,BENJAMIN J& SCHRADER,MARCUS J NYSSEN,AMBER C 12490 SW 129TH ST 12615 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 2S102BCO2002 2S103AA01917 OLSEN,KENNETH E SHELLEDY LIVING TRUST OLSEN,SANDRA L BY RODNEY/JEANNINE SHELLEDY TRS 10640 SW WALNUT 12440 SW 106TH DR TIGARD,OR 97223 TIGARD,OR 97223 2S102BCO2001 2S103AA04400 OTT,PENNY N STOVER,LAWRENCE& 10540 SW WALNUT ST SHARON LIVING TRUST TIGARD,OR 97223 11700 SW TIEDEMAN AVE TIGARD,OR 97223 2S103AA01913 2S103AA01801 PARTRIDGE,SCOTT SUNDAY,MELVIN R BARBARA PO BOX 781 PO BOX 230995 JEFFERSON,OR 97352 TIGARD,OR 97281 2S103AA01910 2S102BCO2005 PEARSON,RICHARD E&MARY ANN TR TA,LEE 12330 SW 106TH DR 10620 SW WALNUT ST TIGARD,OR 97223 PORTLAND,OR 97223 2S103AA02200 2S102BCO2006 PRICE,SHARON L THOMAS,BRENDA S&JAMES L 12250 SW 106TH DR PO BOX 230073 TIGARD,OR 97223 PORTLAND,OR 97281 2S103AA01907 2S102BC01807 RINGER,JERRY L THOMAS,MARC C&CAROL A 12325 SW 106TH DR 10360 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 • • • 2S103AA02800 THURSTON,MILDRED TRUSTEE 10495 SW CLYDESDALE PLACE TIGARD,OR 97223 2S103AA00101 TIGARD-TUALATIN SCHOOL DISTRICT#23J • 6960 SW SANDBURG ST TIGARD,OR 97223 2S103AA03100 VAZQUEZ,MIGUEL A& GUEST,MELISSA 10475 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA03200 VILLALOBOS,MAURICIO& VALORIE 10465 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA03300 WEEKLEY,TIMOTHY E 10450 SW CLYDESDALE PL TIGARD,OR 97223 2S103AA01905 YORK,DANIEL L/KATHLEEN S 1000 MADISON ST NEWBERG,OR 97132 • • Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 16-Dec-08 • • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT ill DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 i , - PHONE: 503-639-4171 FAX 503-624-3681 (Attn: Patty/Planning) EMAIL: partyf@tigard-or.gov `rMA o D REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP &TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than 1 tax lot or if the parcel has no ad ress,you must separately identify each tax lot associated with the project.) A Si 0311A- 19I(e l PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and t e project planner has reviewed your application for completeness, you will be notified by means of an inco pleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING T OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. R Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. ,,Q NAME OF CONTACT PERSON: SIj) rim-- PHONE: (52 )-0133- Mg-6-- NAME OF COMPANY: FAX: ( )- - ' EMAIL: This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list,plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost tc print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - ,MI 4 sheets of labels x$2/sheet =$8.00 x 2 sets = $16.00 4 sheet(s)of labels x$2/sheet =$ $ x _sets = / '"" 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 L sheet(s)of labels x$2/sheet for interested parties =$6cx e sets = iS7 GENERATE LIST = $11.00 GENERATE LIST = . TOTAL = $31.00 TOTAL =$� '02 • • 2S103AA01916 SANDERS,STEVEN W S a)M•dj SANDERS,BARBARA SWANSON 12 2647 SW TALBOT RD PORTLAND,OR 97201 / � r • • r!IN a LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 11/17/2009 FILE NO.: ADJUSTMENT (VAR) 2009-00013 (Type II Land Use Application) FILE TITLE: SANDERS STREET IMPROVEMENT ADJUSTMENT APPLICANT & APPLICANT'S OWNER: Steven W. Sanders& REPRESENTATIVE: Gary P. Shepherd,Attorney Barbara Swanson-Sanders 3115 SE Salmon Street 2647 SW Talbot Road Portland, OR 97214 Portland, OR 97201 REQUEST: The applicant is requesting an adjustment to the street improvement standards of Chapter 18.810 in order to place future sidewalks in easements rather than dedicate additional public right-of-way. Existing pavement along SW Johnson Street and SW 106th Court is wider than what is currently required. Therefore, the existing 50-foot right of way is now too narrow to accommodate possible future improvements to meet current standards. LOCATION: 12390 SW 106th Drive;Washington County Tax Map 2S103AA,Tax Lot 1916. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390,and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II •❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: JULY 27,2009 COMMENTS ARE DUE: AUGUST 10,2009 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ®PLANNING COMMISSION (MON.) DA 1'E OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL ',TUES.) DA 1'E OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DA 1'E OF DECISION: AUGUST 19,2009 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ® SH'E PLAN ❑ ARCHITECTURAL PLAN ❑ IMPACT STUDY ® NARRATIVE ❑ SIGN DRAWINGS ® OTHER: STAFF CONTACT: Cheryl Caines,Associate Planner (503) 639-4171 Ext. 2437 - City of Tigard, Oregon • 13125 SW Hall Blvd. ® Tiga.OR 97223 - • tI -n ,= n • July 20, 2009 Gary P. Shepherd Oregon Land Law 3115 SE Salmon St. Portland, OR 97214 RE: Completeness Sanders Adjustment Case File No. VAR2009-00013 Dear Mr. Shepherd: The City of Tigard received your original application submittal for an adjustment to the street improvement standards on July 14, 2009. The development site is located at 12390 SW 106th Drive. Staff has completed a preliminary review of the submittal materials and has determined that your application was complete as of July 20, 2009 for the purpose of beginning the 120-day review period for a final decision. The formal comment and review process typically takes 4 to 6 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, Cheryl Caines Associate Planner c: VAR2009-00013 Land Use File Steven Sanders, Owner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 LAND USE APPLIC4TION D ate:ect: V /AA o 0 coo13 COMPLETENESS REVIEW I �f COMPLETE INCOMPLETE TANDARD INFORMATION:) µLa Oa - Oct ob 1 ❑ Deed/Title/Proof of Ownership ❑ Neighborhood Mtg.Affidavits, Minutes, List of Attendees ❑ Impact Study (18.390) ❑ USA Service Provider Letter ❑ Construction Cost Estimate El-- Envelopes with Postage(Verify Count) #Sets Of Application Materials/Plans-"Paper Copies" ❑ Pre-Application Conference Notes #Sets Of Application Materials/Plans-" ' f p F PROJECT STATISTICS: rir >ze o C - :- . -- -- --- ❑ Lot Square Footage PLANS DIMENSIONED: ❑ Buihiil ly Fuutpl it rt - -. . .. - :' - '. u s- • - si.e. Bike Parking) C .- -:--•$wl I hieigh •.• . ADDITIONAL PLANS: • ❑-Afc-hi eett tan ❑ e t_dl IdJI.dpe Pto I • ❑ Site Plan TREE PLAN 1 MITIGATION PLAN: • ❑ ❑ ❑ ❑ • ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ ❑ • ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) j 18.370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) ❑ 18.380(Zoning Map/Text Amendments) . ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) 18,390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.410(Lot Line Adjustments) S*L Kl P ❑ 18.740(Historic Overlay) ❑ 18.420(Land Partitions)• ❑ 18.742(Home Occupation Permits) ❑ 18.430(Subdivisions) ❑ 18.745(Landscaping 8 Screening Standards) ❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts)• ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirements) • ADDITIONAL ITEMS: • I:\curpin\masters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 X011 LA1�r� Gary P. Shepherd, Attorney O � 3115 SE Salmon Street LSER Portland,Oregon 97214 (503)233-1985 TEL LEGAL SERVICES (503)914-0474 FAX &CONSULTATION gary @oregonlandlaw.com EMAIL July 17, 2009 Cheryl Caines, Associate Planner RECEIVED PLANNING City of Tigard 13125 SW Hall Blvd. JUL 2 0 2009 Tigard, OR 97223 CITY OF TIGARD RE: Sanders Adjustment Application Dear Ms. Caines: Pursuant to your instructions, enclosed for filing are 9 additional copies of the Sanders' application for adjustment. I thank you for your assistance in processing this application. If you have any questions or concerns, please call. Sincerely, Gary P. Shepherd Oregon Land Law CC: client • City of Tigard, Oregon • 13125 SW Hall Blvd. • TigallOR 97223 • July 16, 2009 'TROARD Gary P. Shepherd Oregon Land Law 3115 SE Salmon St. Portland, OR 97214 RE: Completeness Sanders Minor Land Partition, Case File No.VAR2009-00013 Dear Mr. Shepherd: The City has received your application for a variance to the street improvement standards to modify the required right of way width and create a sidewalk easement for future improvements (VAR2009-00013). Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 1. Submit 9 copies of complete application packets. This includes plans, narrative, and all application materials that have been submitted to the City. Please only include the revised version of all items. These packets must be collated and plans must be folded. 2. 1 compact disc with all materials in a searchable format (PDF for example). Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, • 6 .- d _ Ca-c.►1�.J Cheryl Gaines Associate Planner c: VAR2009-00013 Land Use File Steven Sanders, owner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 0014 Gary P. Shepherd, Attorney kc O 3115 SE Salmon Street cts Cq �tiG� Portland,Oregon 97214 S ER EC El VED (503)233-1985 TEL LEGAL SERVICES JUL 1 4 2009 (503)914-0474 FAX &CONSULTATION gary@oregonlandlaw.com EMAIL CITY OF TIGARD PLANNING/ENGINEERING July 14, 2009 Cheryl Caines, Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Sanders Adjustment Application Dear Ms. Caines: Pursuant to your instructions, enclosed for filing is an application for adjustment. The packet includes 3 copies of the application form, narrative statement,public easement plan, and legal description. Also enclosed are 2 sets of stamped and labeled envelops for notice and the filing fee in the amount of$310.50. I thank you for your assistance in processing this application. If you have any questions or concerns,please call. Sincerely, 401, Gary P. Shepherd Oregon Land Law CC: client �p� � r� r Gary P. Shepherd, Attorney �y O � � 3115 SE Salmon Street G'q Portland,Oregon 97214 L SER RECELIVED (503)233-1985 TEL LEGAL SERVICES (503)914-0474 FAX &CONSULTATION JUL 1 4 2009 gary @oregonlandlaw.com EMAIL CITY OF TIGARD PLANItIP:a/ENGINEERI ING City of Tigard Application for Adjustment for Street Improvement Requirements in Support of Minor Land Partition Applicant/Owner: Steven Sanders Property Address: 12390 SW 106th Tigard, Oregon Applicant's Representative: Gary P. Shepherd, Attorney • Oregon Land Law 3115 SE Salmon Street Portland, Oregon 97214 (503) 233-1985 Ztech Engineers, Inc. 3737 SE 8th Avenue Portland, Oregon 97202 (503) 235-8795 • • • PRB-APR HEID BY 71 CITY OF TIGARD PLANNING DIVISION - q LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223 TIGARD Phone: 503.639.4171 Fax:503.598.1960 File 1194h -rq-11'()oi3 I Other Case# map q-0-0-00 Date lii la(>9 By I 5 Receipt � 7�3�f Fee 3lD,5° Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Ydjustm". /Variance(I oiCI9 ❑Minor Land Partition(II) ❑ Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑Conditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑ Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(H) ❑Subdivision(II or III) . LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) . 2_ O 5 GO 106TH TAX MAPS&TAX LOT NOS. lS103AA 01G16 TOTAL SITE SIZE ZONING CLASSIFICATION I S ,D Z`( 5Q. 5-. e- -Ho S APPLICANT* 5 iT.vEN 3a� DER-s c-/o GA fa)/ F. S li 8H Crzz , Pv\-- oq-" I MAILING ADDRESS/CITY/STATE/ZIP LUIS SE" SAL A010 ST. , -c - IAND, Q(` ct72-lt-i PHONE NO. FAX NO. So3-ct I L( - 04(]Li PRIMARY CONTACT PERSON PHONE NO. 503-13'1,-- RE( S PROPERTY OWNER/DEED HOLDER(Attach list if more than one) . -1-.6\/640 5A M)ER-5 MAILING ADDRESS/CITY/STATE/ZIP ?ic,(49 5k...) lAc-Bch 4 .F0(Li LANa, Old jozo1 PHONE NO. FAX NO. *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 owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) . ki OS-I.-Meld- 'for 5kiect- M rNeme.A* = o1 r.0 e.►th Ih S r0� cre Minor (ol,V r4-;4-i�/\ - ,ML..� 7.. - 1 P • APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS • DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc . • THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approvaL • All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date hti/e) Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date • CITY OF TIGARD• • RECEIPT a . 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 174361 - 07/14/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID . VAR2009-00013 50%Joint Application Fee 1003100-43116 $270.50 VAR2009-00013 50%Joint Application Fee-LRP 1003100-43117 $40.00 Total: $310.50 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1304 STREAT 07/14/2009 $310.50 Payor: Oregon Land Law, LLC Total Payments: $310.50 Balance Due: $0.00 Page 1 of 1 • City of Tigard Planning Division Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 Applicant/Owner: Steven Sanders Property Address: 12390 SW 106th Tigard, Oregon • Tax Map/Lot: Map 2S 103AA, Lot 01916 Location: Corner of SW 106th and SW Johnson Zoning Designation: R 4.5—Residential Comprehensive Plan Designation: Residential Request: Adjustment to street improvement requirements in support of Minor Partition I. INTRODUCTION This narrative submission addresses the applicable standards and review criteria of the City of Tigard's Community Development Code (TDC). TDC 18.390. Applicant requests an adjustment to the street improvement requirements (18.810) in support of applicant's Minor Partition request. The adjustment would.permit applicant to satisfy City imposed right of width requirements through the use of a public sidewalk easement to support future public improvements. Applicant's minor partition application for infill development was preliminarily approved. The City conditionally approved the partition, requiring applicant to obtain an adjustment to the street standards prior to final platting. Specifically, the City's partition decision required applicant to ensure I/2 street right of way widths on both SW Johnson and SW 106th totaling 27 feet. ,See Condition of Approval No. 1. Currently,the right of way on both streets is 50 feet—25 foot half streets,the paved surface is 32 feet wide which exceeds current standards by 4 to 8 feet(Table 18.810.1), and the roadway safely and sufficiently accommodates the local street traffic. City staff is of the opinion that an additional 2 feet is required pursuant to TDC § 18.810 to create a right of way that is sufficient to accommodate the addition of a sidewalk and planter strip and keep the existing 32 foot wide paved surface. However, requiring a 2 foot right of way fee dedication would result in lot area reductions below the minimum 7,500 square feet. The City's decision states that applicant may satisfy the right of way width requirement by obtaining an adjustment to the street standards; a process that will result in a 2 foot wide public easement on the property for future public improvements. Of note, no 1/4 street improvement construction is required by the decision. Rather, because the streets are developed and no half street improvements such as planter strips and sidewalks exist or are planned for the Page 1 of 5 —Sanders: Application for Adjustment • area,the City's decision obligates applicant to execute a restrictive covenant agreeing to participate if such efforts are undertaken. Applicant disagrees with the City's decision to require additional right of width beyond 50 feet and specifically condition of approval no. 1. Applicant filed an appeal. This adjustment application is submitted in part to exhaust applicant's administrative remedies and avoid the need to dispute the right of way width requirement. The adjustment application is consistent with the City's decision. Approval of the adjustment request may render the appeal moot. To avoid duplication and preserve resources, applicant requests that the entire case file from the Sanders' Minor Land Partition-File No. MLP 2009-00001 is incorporated by reference into these proceedings. Incorporation prevents the need to duplicate materials, representing a use of time, money, and natural resources, which are already on file and a matter of public record. This application is in support of the conditionally approved minor land partition: As established in the minor partition record, applicant Steve Sanders is the owner of the property. Applicant seeks an adjustment to the street standards to support the minor partition of the property. Applicant requests that the City deem City imposed right of way width requirements are satisfied by a two (2) foot wide public easement on the property for future public improvements. II. APPLICABLE APPROVAL CRITERIA A. Community Development Code 18.390—Decision Making Procedures/Narrative 18.370—Variances and Adjustments III. COMPLIANCE WITH APPLICABLE APPROVAL CRITERIA The applicable approval standards are in bold italic print. Applicant's response to each follows the standards as a COMMENT. A. COMMUNITY DEVELOPMENT CODE 18.390—Decision Making Procedures/Narrative/Impact Study COMMENT: The requested special adjustment for street improvement requirements is • reviewed pursuant to Type II procedures. § 18.390.040; § 18.810.020.C.11. The following, together with exhibits, documentary submissions, and case file no. MLP 2009-00001 which is incorporated by reference into these proceedings, constitute applicant's narrative statement required by § 18.390.040.B. // // Page 2 of 5 —Sanders: Application for Adjustment • . • 18.370— Variances and Adjustments COMMENT: The purpose of Chapter 18.370 is to provide standards for granting of variances from specific zoning requirements where it can be shown that owing to special and unusual circumstances related to a specific property that the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship. § 18.370.010.A. An adjustment is a special class of variance. § 18.370.020.A. A "special adjustment"is a variance from a development standard that has its own approval criteria. § 18.370.020.A.2. Section 18.370.020.C.11 governs adjustments for street improvement requirements. Applicant demonstrates compliance with § 18.370.020.C.11 below. 18.370.020.C.11 —Adjustment for Street Improvement Requirements By means of a Type II procedure ... the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, bodies of water,significant habitat areas, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. COMMENT: Strict application of the right of way width requirements imposed by the City through TDC § 18.810 will result in an unacceptably adverse impact on applicant's property and proposed infill development. Special and unusual circumstances together with the application of City interpreted street improvement standards would cause an undue and unnecessary hardship. The requested adjustment has no impact on existing development or natural features. The adjustment relates to the unacceptable adverse impacts on applicant's partition development caused by existing development in the form of the 32 foot road pavement width and by the imposition of a 54 foot wide—27 foot wide 1/2 street—right of width requirement to ensure sufficient width to accommodate a planter strip and sidewalk. As demonstrated by the City's notice of decision issued in case file no. MLP 2009-00001, the conditionally approved partition conforms to the minimum dimensional standards, can support a minimum width building envelope for the R 4.5 district, can meet setback standards, have adequate frontage and access, and meet required lot area standards. The subject property is zoned R-4.5 Low Density Residential which is designed to support detached single family homes. The zoning supports one unit per 7,500 square feet. The property has been surveyed to be 15,024 square feet,thus capable of supporting 2 lots and 2 detached units. However, satisfaction of the lot area standards—7,500 square foot minimum in the R 4.5 district—is only ensured if the existing 50 foot wide right of way is deemed sufficient to accommodate right of way improvements contemplated by the City's code. TDC § 18.810.030.E regulates streets and right of way widths. That section directs us to table 18.810.1. The table states that for local residential streets with an ADT under 500 that the Page 3 of 5 —Sanders: Application for Adjustment • right of way width is 50 feet. It also states that for local residential streets with an ADT under 200 that the right of way width is 46 feet.' The only situation that results in right of way widths of 54 feet on a local street is when the ADT is over 500. The traffic on SW Johnson Street, which serves 5 homes, has an ADT of less than 200. The traffic on SW 106th Street, which serves as local access for at most 34 homes, has an ADT of less than 500. Pursuant to the tables, 50 foot of existing right way appears to be sufficient. However, existing development in the form of a 32 foot wide paved surface—which was constructed pursuant to standards in effect when the subdivision was developed in the 1960's—and current street standards—which require planter strips and sidewalks (totaling 10-11 feet)—result in the need for additional right of way in the opinion of City staff. Although right of way widths exceeding 50 feet are not required by table 18.810.1, City staff has indicated its preference that the existing 32 feet of paved surface be maintained, thus potentially forcing a portion of a sidewalk constructed with a planter strip outside the existing right of way by 2 feet. However, requiring a 2 foot right of way fee dedication would result in lot area reductions below the minimum 7,500 square feet, thereby violating minimum lot area standards of the R-4.5 zone and preventing partition approval. Infill development is encouraged throughout the region to accommodate needed housing requirements, resulting in economical and efficient development that is supported by existing facilities and infrastructure. To support the regional goal of infill development and avoid the unnecessary hardship of a denial caused by existing conditions and the application of current ' standards to an existing development, applicant requests an adjustment to the street improvement standards to support the minor partition of the property. Applicant requests that the City deem City imposed right of way width requirements imposed by the City's decision in case file no. MLP 2009-00001 is satisfied by a two (2) foot wide public easement on the property for future public improvements. This request is consistent with the City's partition decision at page 18 which states: "The additional two feet of right-of-way dedication would not allow for the minimum lot size of 7,500 square feet. The minimum lot size could be achieved by allowing the additionally required two feet of width to be placed within a public sidewalk easement. Both streets are currently improved with a 32-foot paved width and curbs but without sidewalks." Applicant requests that the easement depicted on Exhibit 1 and legally described in Exhibit 2 be reflected in the final partition plat. Applicant also requests that language is included to reflect that the easement is for the purpose of accommodating public improvements in the form of a sidewalk if a planter strip and sidewalk are constructed within the SW Johnson Street or SW 106th public right of way adjacent to the existing pavement and the additional land area is needed to support the sidewalk. ' The ITE Trip Generation Handbook provides that 1 single family unit results in 10 average daily trips (rounded up). Page 4 of 5 —Sanders: Application for Adjustment • No public benefit would result from the strict application of the City's interpretation of the street improvement standards. A strict interpretation of the standards would require a fee dedication of 2 feet along the frontage of both SW Johnson and SW 106th. While a fee dedication would ensure that there is sufficient right of width to accommodate street improvements in the form of a 32 foot wide paved surface,planter strips and sidewalks, a fee dedication would result in a violation of minimum land area standards, resulting in a denial of the infill partition request. The fee dedication would also result in a dispute between the City and applicant,resulting in an expenditure of public resources. Another way to ensure the City and the public have sufficient right of way width to accommodate public street improvements and finally approve the partition is through the subject adjustment request; approving a two (2) foot wide public easement on the property for future public improvements. Approval will not result in any adverse impact on existing development. The surrounding area is characterized by single family development in all directions. The property, adjacent lots, and street configuration were designed and developed in 1962. There are no sidewalks or planting strips serving the historical subdivision or area properties. The properties are highly panelized and developed. The adjustment request has no impact on surrounding property, but rather ensures sufficient land area is available for public improvements, which if constructed in association with a larger project, would benefit area land owners. III. CONCLUSION Applicant respectfully requests approval from the City of Tigard for an adjustment to the street standards to support the minor partition of the property. Applicant requests that the City deem City imposed right of way width requirements are satisfied by a two (2) foot wide public easement on the property for future public improvements. Approval will allow single family residential infill development consistent with area development and uses. Respectfully submitted, Gary P. Shepherd Oregon Land Law Page 5 of 5 —Sanders: Application for Adjustment • • EXHIBIT LIST Exhibit 1 Public Easement Plat Exhibit 2 Public Easement Legal Description S f • N.W. CORNER OF LOT 13 S.W. JOHNSON ST. � -T POINT OF BEGINNING N 89'21'00" E 99.66' (M) 100.00' 1 (P) ___♦ O S 89'21'00" W 97.66' • 80.00' (P) & HELD z Lo FD. 1/2" I.R., BENT S 00'10'00" W--v1-(Y)T .S.P., O.U. 2.00' '-'' N 89'21'00" W 0.25' Fil o m O Q ° ! a FD. 1/2" I.R., O.U. I N ° GOOD FOR NORTHING H Oo «5 LOT 13 LOT 14 ,,, I o 12390 SW 106TH DRIVE to o I � o° ! o0 o PCB,. 0 z 1 cn P CD O * o N �O -- I— 2' PUBLIC EASEMENT I S 84'36'30" W I ' • 49.15' (P) & HELD S 84'36'30" W 5-.46,N 7SOSpp� �-'� a FD. 5/8" I.R., O.P. AO 5.)8 W • ,---`--- `D 0.5' BURIED, BENT, ? gyp) "'"� 01- o T.S.P. " FD. 3/4" I.P., O.U. J F1F�N� �� DI`f1/K°� S 24'27'25" E 0.52' S 76.50'27" E 2.06' cI�Y of TIG R° 91.144014G41‘ 0, LOT 3 pATE--------- • FD. 5/8" I.R., BY —_�� "N� 0.5' BURIED, BENT, T.S.P., O.P. ��- - S 39.5700" E 0.55' GRAPHIC SCALE c° 0)% . 0 15 30 60 Z. fit ' ,,' r r 1z ;:-., - FD. 5/8" I.R. WITH YPC aLo a, ` STAMPED, "BUCKLES PLS 2231" ( IN FEET ) . ---: SET ON SN(1) & HELD 1 INCH = 30 FEET TITLE: PUBLIC EASEMENT EXHIBIT ZTec ENGINEERS, INC. DATE: 7-8-09 PLOT DATE: 7-10-09 3737 S.E. 8TH AVE. DWG BY: JHH CHK BY: PORTLAND OREGON 97202 CCF (503j 235-8795 SHEET: 1 OF 1 FILE: 53810-1EX2.DWC CLIENT: STEVE SANDERS gXN/R,T - - • 41/ - - ------------ ZTec Engineers, Inc. Civil • Structural ♦ Surveying John McL. Middleton, P.E. Chris C. Fischborn, P.L.S. Ronald b. Sellards, P.E. 3737 SE 8th Ave. Portland, OR 97202 503-235-8795 FAX: 503-233-7889 Email: chris @ztecengineers.com Steve Sanders 12390 SW 106th Drive 2 Foot Public Improvement Easement An Easement for the purpose of public improvements over and across a portion of Lot 13 of the Plat of "Cottonwood Place", located in the Northeast one-quarter of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Said Easement being more particularly described as follows: Beginning at the Northwest corner of said Lot 13, said point being at the intersection of the East right-of- way line of Southwest 106th Drive with the South right-of-way line of Southwest Johnson Street, said intersection point being the true point of beginning of the easement herein described; thence North 89°21'00" East, along said South right-of-way line, a distance of 99.66 feet to the Northeast corner of said Lot 13; thence South 00°10'00"West, along the East line of said Lot 13, a distance of 2.00 feet to a point that is 2.00 feet South of, when measured at right angles, said South right-of-way line; thence South 89°21'00"West, parallel with and 2.00 feet South of, when measured at right angles, said South right-of- way line, a distance of 97.66 feet to a point that is 2.00 feet East of, when measured at right angles, said East right-of-way line of said Southwest 106th Drive; thence South 00°10'00"West parallel with and 2.00 feet East of, when measured at right angles, said East right-of-way line, a distance of 148.08 feet to a point on the South line of said Lot 13; thence South 84°36'30"West, along said South line of said Lot 13, a distance of 2.01 feet to a point on said East right-of-way line; thence North 00°10'00"East, along said East right-of-way line, a distance of 150.25 feet to the true point of beginning of the Easement herein described. • REGISTERED ' PROFESSIONAL LAND SURVEYOR 6 • OREGON JULY IT, 1991 t. CHRIS EISCHBORP 1944 &,,/ ,r1.