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VAR2009-00015VARIC)o9*Aw'000 15 ♦, NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ( VAR) 2009-00015 NU STONEBRIDGE SETBACK ADJUSTMENT <<c 1AFR Lj 120 DAYS = 11/25/2009 SECTION I. APPLICATION SUMMARY FILE NAME: STONEBRIDGE FRONT YARD SETBACK ADJUSTMENT CASE NO.: Development Adjustment (VAR) VAR2009 -00015 PROPOSAL: The applicant requests an adjustment to the front yard setback from 20 feet to 15 feet to accommodate their standard house plan with covered front porch and 10 foot rear deck This will allow the net rear yard setback to be the 15 feet required by the R-4.5 zone. APPLICANT: Stonebridge Homes, Inc. 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 OWNER: Northwest View Properties, LLC 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 ZONING: R-4.5: Low Density Residential District. 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. LOCATION: 13864 SW 95`� Ave., WCTM 2S102CD, Tax Lot 05500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,18.390 and 18.510. SECTION H. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 1 • • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The site is in the Fletcher Woods Subdivision near the intersection of McDonald Street and 95'h Avenue. This lot, on the east side of 95h Avenue, is 6 feet less in depth than would normally be necessary for this building plan. This plan is the best selection for this lot, given the narrow aspect of the lot after right -of -way dedications. The lot is approximately 7,002 square feet in area, 498 less than normal for this zone. Site History: The subject property was approved through review of a subdivision (SUB2005- 00021) in 2006. Proposal Description: The applicant requests an adjustment to the front yard setback from 20 feet to 15 feet to accommodate their standard house plan with covered front porch and 10 foot rear deck. This will allow the net rear yard setback to be the 15 feet required by the R -4.5 zone. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (18.510) The development standards that affect this property are as shown below. TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft 15 ft -Side facing street on comer & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft No change - Distance between property line and front of garage 20 ft No change DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 2 a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested a 25% reduction in the required front yard setback of 20 feet. This would reduce the front yard setback to 15 feet. All other setbacks will be adhered to. The adjustment is the least required to be able to construct the residence in a manner to allow for the standard plan with covered porch and 10 ft. deck b. The Adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be removed due to this construction. C. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. The front yard setback is the most reasonable and least intrusive regarding setbacks. The 42.5 sq. ft. covered porch is less an impact than would be the 90 sq. ft. portion of the deck that would intrude into the rear yard setback if that were the one chosen for adjustment. FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THE DECISION IS FINAL ON JUNE 29, 2009 AND BE COME S E FFE CTIVE ON JUNE 30, 2009. VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 3 • 0 Questions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. A�A � k' di I& Approved by: Darrel "Hap' atkins Assistant Planner July 29, 2009 Date VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 4 0 0 4� �P �P O HILLVIEW CT a 2S102 iJ E:UGE-WaUU 5'I r; VICINITY MAP t VAR2009 -00015 STONEBRIDGE SETBACK ADJUSTMENT ® Subject Site � 1 I fl: •O Information on this map is for general location MCUONALU ST only and should be verified with the Development Services Division. Scale 1:2,057 - 1 in = 171 It Map printed at 29- Jul -09 08:43 AM J > DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD j - a MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE a ^� CONTEN FRWDED HEREIN THE CITY OFDTI THE GARD SHALL AS ME NO _ LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. Cf a City of Tigard SW Hall 17503839 97813 `.. - TIGAR MAPS -;. A 0 ��JII www.tigard- or.gov - 0.1 -um; t GE W."JLJ0 X Q_juv HOM3M 0 NW � � .. LOT: 5 a s e e w su a e� C DATE: 8/18/09 L A X �o ,,s W p,_a o. o n 2 a ® 7 o a a PROPERTY:. FLETC RER— WOOIS CITY: TIGARID SCALk: 1' =20' s........, .;, , 5- PLAN No.: 170 T v PRAIRIE ELATION ` J , (921\ s• I.RZ_ 5 1131-0246' 246 244 W ®240' STORM 250 WATER_ ' 0 :. 4! I G 15' E9MT I 5E 10' 743' _ CL Is' -m' IM a I � 1 1E'xlb' -.� 14' DECK iD C 0 t" m5• I 14'10' S 4' 3 DA11" I I r 13u.. , 240 Frt. c OC . io 71'7' I 242 749' I - W -Z50 0._0. 21'10' 1 O I 06 1 E rA ' 1 [Soo' r I 244 S. r .L - - -— I -- � - - -- — 1 -- — 246 ;p 59� tl•stfm 13.250' f e 250 - - - -- --- - - - - -- r -- 18.00, S. WIDE RECIPROCAL DRIVEWAY EASEMENT V 248 •LEGEND ' . • — STREET TREES MITIGATION: TREES 2' CALIPER TRIDENT MAPLE DOUGLA5 FIR 5' -6' HIGH, 4' 545E LOT COVERAGE " LOT AREA: -1,002 SQ. FT. — EXISTING TREE WITH CITY OF TIGARD BUILDING AREA: 21o44 SQ. FT. TAG -NUMBERR - To. BE SA/EcA,pproved. ,.... ........................• t PERCENTAGE: 3l 8qo cnditionally Approved .................. a a TREE PROTECTION FENCINCf -or only the wo I 6 des cpbe in: NOTES: (PLACE FENCE AT DRIP 1.11 WIT NO: See ttte to' Follow ....................... ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCAYTONr5. ` ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGU At SLP,h ALL RETAINING WALL HEIGHTS AND LOCATIONS ARE ESTIMATES. 4 Ad ► �a DRIVEWAY MARY DIFFER DUE TTO LOCATION OF UTILITY BOXES, STREETLIGHTS, AND OTHER SITE CONDITIONS. v • 41 AFFIDAVIT- OF MAILING MIL . U `SRC AIRD I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: (Ch-k Appmp— B.�@ Bd.-) 0 NOTICE OF DECISION FOR VAR2009- 00015 /STONEBRIDGE HOMES SETBACK ADJUSTMENT (File T WNane Reference) AMENDED NCUCE ® 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 addrel, Gioon the attached Est(s), marked Exhibit " B", and by reference made a part hereof, on July 2932Q09, and deposited ' the United ates on 29 2009, postage prepaid. that STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of -SE�P_I_EP6/L-- , 2009. OFFICIAL SEAL 8HIRLEY L TREAT -NOTARY PUBLIC - OREGON COMMISSION NO. 416777 MY CAI8SION EXPIRES APRIL 25,2011— 'J" V` " NOTARY PUB C OF OREGON My Commission Expires: 466 NOTICE OF TYPE I DECISION IXHIBIT-L to DEVELOPMENT ADJUSTMENT (VAR) 2009 -00015 STONEBRIDGE SETBACK ADJUSTMENT 120 DAYS = 11/25/2009 SECTION I. APPLICATION SUMMARY FILE NAME: STONEBRIDGE FRONT YARD SETBACK ADJUSTME CASE NO.: Development Adjustment (VAR) V PROPOSAL: The applicant requests an adjustment to the front yard setback from 20 feet to 15 feet to accommodate their standard house plan with covered front porch and 10 foot rear deck. This will allow the net rear yard setback to be the 15 feet required by the R 4.5 zone. APPLICANT: Stonebridge Homes, Inc. 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 OWNER Northwest View Properties, LLC 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 ZONING: R-4.5: Low Density Residential District. 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. LOCATION: 13864 SW 95t Ave., WCfM 2S102CD, Tax Lot 05500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 1 • • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The site is in the Fletcher Woods Subdivision near the intersection of McDonald Street and 95`h Avenue. This lot, on the east side of 95h Avenue, is 6 feet less in depth than would normally be necessary for this building plan. This plan is the best selection for this lot, given the narrow aspect of the lot after right -of -way dedications. The lot is approximately 7,002 square feet in area, 498 less than normal for this zone. Site History: The subject property was approved through review of a subdivision (SUB2005- 00021) in 2006. Proposal Description: The applicant requests an adjustment to the front yard setback from 20 feet to 15 feet to accommodate their standard house plan with covered front porch and 10 foot rear deck. This will allow the net rear yard setback to be the 15 feet required by the R -4.5 zone. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: RESIDENTIAL ZONING DISTRICTS (8.510) The development standards that affect this property are as shown below. TABLE 18.510 — DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD — R -4.5 ZONE Standard Proposed Minimum Setbacks -Front yard 20 ft 15 ft -Side facing street on corner & through lots 15 ft No change -Side yard 5 ft No change -Rear yard 15 ft No change - Distance between property line and front of garage 20 ft No change DEVELOPMENT ADJUSTMENT — APPROVAL STANDARDS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 2 • • a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested a 25% reduction in the required front yard setback of 20 feet. This would reduce the front yard setback to 15 feet. All other setbacks will be adhered to. The adjustment is the least required to be able to construct the residence in a manner to allow for the standard plan with covered porch and 10 ft. deck b. The Adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be removed due to this construction. C. The Adjustment will not impede adequate emergency access to the site; The Adjustment will not impede emergency access. d. There is not a reasonable alternative to the Adjustment which achieves the desired effect. The front yard setback is the most reasonable and least intrusive regarding setbacks. The 42.5 sq. ft. covered porch is less an impact than would be the 90 sq. ft. portion of the deck that would intrude into the rear yard setback if that were the one chosen for adjustment. FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THE DECISION IS FINAL ON JUNE 29, 2009 AND BE COME S E FFE CTIVE ON JUNE 30, 2009. VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 3 • • Questions: If you have any questions, please call the City of Tigard Current Planning Division at (503) 639 -4171 or stop by the Planning office at the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223. Approved by: Darrel "Hap' a&dns Assistant Planner July 29, 2009 Date VAR2009 -00015 Stonebridge Front Yard Adjustment Decision 072909 Page 4 0 0 i OAP • -- - - j 1 I EDGEWOOD s•r I i I r VICINITY MAP i VAR2009 -00015 I � I r STONEBRIDGE SETBACK —• _ _ . - _ j ADJUSTMENT ® Subject Site f i I " x» r –1 - - ................. - -- - - - - -- _ _ -' Tig i � � HILLVIEW CT i ~ — — j + i 25102000550I0 '� a ,/ I I -- — – _ - -- _� -- --� - -- t Information on this map is for general location MCDONALD ST only and should be verified with the Development Services Division. Scale 1:2,057 -1 in = 171 tt M ap printed at 29- Jul -09 08:43 AM ��l J LLl _ -- ; 1 I _- - - 1 I Q I i DATA IS DERIVED FROM MULTIPLE SOURCES, THE CITY OF TIGARD • _ —1 — MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CO ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA P DATA PROVIDED HEREIN. THE CITY OF S.O TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS. OR INACCURACIES F HOW US .THE INFORMATION PROVIDED REGARDLESS OF MOW CAUSED. 1 A I i I I Q) I I I City of Tigard 13125 SW Hall Blvd TI�AR MAPS Tigard, OR 97223 503 639 -4171 L::L Jll www.tigard- or.gov lIOC�Ya(:� STONE BiF-. � HOMES r L TW F�C lease sw sew 45045.. LAZE o,awS,.G.O. OREGON 97035 (SOS)$87 -7677 lU 4 d� tt tr1 u246' L46 244 STORM . A 250 WATER 1 i 15' E5MT ' S0' I 1. 15' -m• Im _ I -� 14' _ 250 21'10' r -r m 3 BATH h PT. r 21'2' 0 EL ■sly' 940' ---- - - - - -- OBE: 1 31J V LOT: 5 DATE: 8/18/09 PROPERTY :. FLETCSER -WOODS CITY: - - TIGARD .SCALE: 1' =20' PLAN No.: 170 PRAIRIE ELEVATION I0' 243' 10'x18'' � DECK � M!� 240 42 244 I I — 246 �0 r 81.■ �D –6' WIDE RECIPROCAL DRIVEWAY EASEMENT es 47 L IZ CL V c to V d W � W 10 O L C H 5, JE OC V 246 LECxEND • — STREET TREES MITIGATION: TREES 2' CALIPER TRIDENT MAPLE DOUGLAS FIR, 5' -6' HIGH, 4' 5A5E LOS' COVERA'►E LOT AREA: 1,002 SQ. FT. — EXISTING TREE WITH c0TV OOIF TOGARD BUILDING AREA: 2,644 SC. FT. --TAG NUMEER -TO. EE "SAVErpproved..._..__._ -. - - -_ ---------- PERCENTAGE: 3115g ....... ononayApproved - ---- J J 0 o TREE PROTECTION FENCIN&or Only the wo $ des ibe In: Nome., (PLACE FENCE AT DRIP LII{ 9MIT ICI®. See LLpp4t@ 40: follow ............... ........ ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCAT m5! ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGU At h •• J ALL RETAINING; WALL HEIGHTS AND LOCATIONS ARE ESTIMATES. �� Ate Y �� THEY MAY VARY AND BE SUBJECT TO CHANGE. ��; DRIVEWAY MAY DIFFER DUE TO LOCATION OF UTILITY 5OXE5, STREETLIGHTS, AND OTHER SITE CONDITIONS. a �v r c dl ). C � C C . N `ate Imo in C cd 'Lo cup Ln Ln L% x O O m R I ,:•� VI ,• m I• S .r s' U „ T _ 250 21'10' r -r m 3 BATH h PT. r 21'2' 0 EL ■sly' 940' ---- - - - - -- OBE: 1 31J V LOT: 5 DATE: 8/18/09 PROPERTY :. FLETCSER -WOODS CITY: - - TIGARD .SCALE: 1' =20' PLAN No.: 170 PRAIRIE ELEVATION I0' 243' 10'x18'' � DECK � M!� 240 42 244 I I — 246 �0 r 81.■ �D –6' WIDE RECIPROCAL DRIVEWAY EASEMENT es 47 L IZ CL V c to V d W � W 10 O L C H 5, JE OC V 246 LECxEND • — STREET TREES MITIGATION: TREES 2' CALIPER TRIDENT MAPLE DOUGLAS FIR, 5' -6' HIGH, 4' 5A5E LOS' COVERA'►E LOT AREA: 1,002 SQ. FT. — EXISTING TREE WITH c0TV OOIF TOGARD BUILDING AREA: 2,644 SC. FT. --TAG NUMEER -TO. EE "SAVErpproved..._..__._ -. - - -_ ---------- PERCENTAGE: 3115g ....... ononayApproved - ---- J J 0 o TREE PROTECTION FENCIN&or Only the wo $ des ibe In: Nome., (PLACE FENCE AT DRIP LII{ 9MIT ICI®. See LLpp4t@ 40: follow ............... ........ ALL GRADE AND PROPERTY LINES ARE ESTIMATES OF CURRENT LOCAT m5! ALL DIMENSIONS AND SQUARE FOOTAGE ARE APPROXIMATE FIGU At h •• J ALL RETAINING; WALL HEIGHTS AND LOCATIONS ARE ESTIMATES. �� Ate Y �� THEY MAY VARY AND BE SUBJECT TO CHANGE. ��; DRIVEWAY MAY DIFFER DUE TO LOCATION OF UTILITY 5OXE5, STREETLIGHTS, AND OTHER SITE CONDITIONS. a �v r c dl ). C � C C . N `ate Imo in C cd 'Lo cup Ln Ln L% x O O m R I E n Rn MOM- BrUjL.Dj-NG PE', N - G D OV IS I N 7- -..Rear. -lot Aj).PrOv ed Vis Q U Al- es Re", CW� exvice r U # I eived .-J BN: FN T: ENIGIT\IhtKlNG- DEPAR j\j(,j Approved a 4; ApPl-Oved - N ot Approved A ctuai slot)e: / Ove( site Fil Date: ZIP STCAE PLAN hZE VHEW sit to hel. PRIC Mt T'Is A U'V Tkliril• f•In k P d, L "Aprove Nof App roved yf;uxtm,:4 '0 r pi•oved Not App roved Bv: Oc . P?5) E V'I ini 'Eva, �-0�371 Stonebridge Homes, Inc. 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 Northwest View Properties, LLC 4230 SW Galewood Street, Suite 100 Lake Oswego, OR 97035 VAM009 -0001-* EXH I B Ili STONEBRIDGE HOMES SETBACK ADJUSTMENT GENERAL INFORMATION Property Address /Loclio'(s): • • ADJUSTMENT TYPE I APPLICATION City i f Tigard Pemit Corner 13125 S W Hall Bkd, Tibant OR 97223 Phore 503.639.4171 Fax: 503.598.1960 RECHWE-D JUL 2 4 2009 Tax Map & Tax Lot # (s): 2 -S 1 O z C- D d.S6310d Site Size: Applicant*: Address: L City/State: LQ Aa Primary Contact:'2 i Phone: i n _ • Owner Address: (% City/State: -7066 a`-► aa1 1 d yid ►Z Zip: 970?-�2_ s)'`: (Attach�ist if mRre than C- zip: x When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): ➢Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage >Special Adjustments: ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density ♦ Landscaping Adjustments - Existing /New Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements /Existing Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal ♦ Wireless Communication Facility Adjustments - Distance From Another Tourer 4 Washington Square Reg. Center Density Adjustments Please state the r4ison for the Adjustment r•.-V s tjAd S J. t \q� o . 2.' 0/% CITY OF TIGARD FOR STAFF USE ONLY Case No.: UA1?- Z 001 - OW/ s Other Case No(s).: Receipt No.: D Application Accepted By: Date: -7 Date Determined T Be Complete: � 0/"v Comp PI Zone Designation: Rev. 711107 L \curpin \masters\land use applications \adjustment -Type 1 App.doc REQUIRED SUBMITTAL ELEMENTS ✓ Application Elements Submitted: J]' Application Form /- Owner's Signature /Written Authorization WTitle Transfer Instrument or Deed Site /Plot Plan (2 copies) Site /Plot Plan (reduced 8� /a °x 11') ®Applicant's Statement (Addressing Criteria Under Section 18.370.020) �Fg Fee • • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described or he front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above reauest does not violate any deed restrictions that may be attached to orimnosed uvomthe, subiect nrovertv::> ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, 'are true; and the applicants so acknowledge that any permit issued, based on this application,' maybe revoked ifCit is .forfurd that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of c/ c/ .20 / Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature a' a - t c c • • a CITY OF TIGAR1 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 174540 - 07/27/2009 RECEIPT CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2009 -00015 Development Adjust 1003100 -43116 $238.00 VAR2009 -00015 Development Adjust - LRP 1003100 -43117 $35.00 Total: $273.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 30365 KPEERMAN 07/27/2009 $273.00 Payor: Stone Bridge Homes NW, LLC Total Payments: $273.00 Balance Due: $0.00 Page 1 of 1 Hap Watkins From: Jim Delmore Dimd @ventureprop.com] Sent: Tuesday, July 28, 2009 9:16 AM To: Hap Watkins i � . zelk Subject: RE: Variance application �/TK- ��ap/� Attachments: AR- M620N_20090728_074447.pdf; 13966Rptlnsp062109- email.doc; 13966Rptlnsp070609- email.doc; 13966Rptlnsp072009- email.doc Good Morning Hap, In regards to the Variance Request for Lot 5 Northwest View Properties LLC, a subsidiary of DMH Holdings owns the lots; not Venture Properties (which is also a subsidiary of DMH Holdings). Attached is the Deed for lots 5 and 8 of Fletcher Woods showing transfer of ownership to Northwest View Properties. _ I As for Lot 8 1 would like to pick up that permit today if possible. With those trees circled in red, the tree mitigation requirement going up the same amount, and the City stamped As- Builts showing those trees gone; I'm confident the trees were removed during the development process Below is the email that Todd sent out and the changes he wanted after seeing the Plot Plan on June 12t ". I've also enclosed all of the Arborists monitoring reports since we purchased the lots. I know it is just a day but houses are not selling until they are completed, and every day matters. Thanks, Jim RE(Oz�UVEM (From: Todd Prager Sent: Friday, June 12, 2009 10:13 AM JUL 2009 To: Dan Nelson; Mark VanDomelen Subject: FW: Building Permits for Lots 5 and 8 of Fletcher Woods CITY OF TiG'AR® PLANNIONWENGINEERIiUG FYI (From: Todd Prager Sent: Friday, June 12, 2009 10:11 AM To: 'gayland @stonebridgehomesnw.com' Cc: 'Alan DeHarpport'; Cheryl Caines; Albert Shields; 'jay @h - mc.com'; 'kaykinyon @centurytel.net' Subject: Building Permits for Lots 5 and 8 of Fletcher Woods Dear Gayland, I am reviewing the building site plans for Lots 5 and 8 of the Fletcher Woods subdivision in Tigard and need the following items prior to my approval: 1. Street tree size (2" caliper), species (Trident Maple), and locations per the approved subdivision plans (see attached plan sheet #6) need to be shown on the building site plans. 2. Condition 7 of the Fletcher Woods Subdivision requires: Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. Please show the existing trees i.tree protection fencing dimensions to sc•on the site plans and have your arborist site off on a protection plan. The arborist who has worked on the other lots is Kay Kinyon of Tree Care and Landscapes. Their number is 503 - 635 -3165. 3. Condition 6 of the Fletcher Woods subdivision requires biweekly arborist reports until final inspection for each lot. The first arborist report shall occur after the tree protection fencing is inspected /erected and continue every two weeks thereafter. Have the arborist email the reports to me and copy Albert Shields (albert@tigard- or.gov). 4. Condition 3 requires deed restrictions for all trees over 12" in diameter. You will probably want to work with the developer to ensure this occurs for all lots at one time. We have a standard format for this and you could contact Cheryl Caines, Associate Planner with the City of Tigard, for more information on the deed restriction requirements. Cheryl's number if 503 - 718 -2437. Once these items are taken care of, I will be able to approve your plans for the tree related issues. Please do not hesitate to contact me if you have any questions. Todd Prager Associate Planner / Arborist City of Tigard 503.718.2700 From: Hap Watkins [mailto:HAP @tigard - or.gov] Sent: Tuesday, July 28, 2009 8:13 AM To: Jim Delmore Subject: Variance application gFCENED � 2009 �UL � GI-Ty O- -TIG c� T, Jim;' L Part of a variance application is proof that the owner is authorizing this land use decision. That requires a title transfer instrument or deed. I'm sure Venture Properties has this and could fax a copy to me quickly. I need this to finish the variance request. thanx ... hap 1 M Z a • w� ANEA After recording return to: Northwest View Properties, LLC �}Z3DSW C�0.lEvJOGc(S� -#1DO we-(r. -8., 9 i Until a change is requested all tax statemerds shall be sent to the following address. Northwest View Properties, LLC File No.: 7061- 1424513 (SID) Date: June 11, 2009 RECEN :-D JUL 8 2009 �117aWs03:18:291 PMn 2009 -065801 D -DW Cnt=1 Stn --8 CALLIEM CITY OF TICARD S10.00 $5.00 $11.00 $150.00 - Total = 5176.00 IIII_Illlilllllllill I(III Illlllllllllll IN WASHINGTON COUNTY RE41 PROPEgTY TRANSFER T X $ i�O. OU FEE PAID DA E STATUTORY SPECIAL WARRANTY DEED LibertyBank, Grantor, conveys and specially warrants to Northwest View Properties, LLC, an Oregon limited liability company, Grantee, the following described real property free of liens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: LOTS 5 AND B, FLETCHER WOODS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON. This property is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and /or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $150,000.00. (Here comply with requirements of OILS 93.030) Page 1 of 2 AM: ECOVED ---- -- W JUL 2 0 2009 CITY OF TIGARD PLANNIi' VENGINEERING Statutory special Warrdnty Deed File No.: 7061- libertysd (S7D) - continued Date: 11/10/2008 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195- 336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED.IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195 -336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. . Dated this a mark day of �C kzc� 1t1t>li 20 0 O . Libe By: Robin Oberg, resident STATE OF Oregon ) )ss• County of Lane ) This instrument was acknowledged before me on this., day of 2006 by Robin Oberg as Vice President of UbertyBank . Notary Public for Oregon My commission expires: 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in Section 18.370.010.C. 18.370.020 Adjustments A..PuEpr ose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.020.C. B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requ sted is the 1 st req fired to active the desired effect; l S "A Le cAs� � J�� �� � le, C¢ LU. tdL b. The adjustment wij�sun`rth-elp rfservation of trees, if trees are present in the development area; c. They adjustment will not impede deg1uate emergency access to the se; d. There is not a reasonable alternative to the adjustmehrfvhichichieves the desired effect. 1 `I l l 1 1�.e�c (�� (�Qol�dre� plc A i�e cn ), A Variances and Adjustments 18.370 -2 Code Update: 5107