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VAR2012-00006 NOTICE OF TYPE I DECISION ADJUSTMENT (VAR) 2012 -00006 7894 SW HANSEN LANE ' SIDE YARD SETBACK ADJUSTMENT T I GA R D 120 DAYS = 9/21/2012 SECTION I. APPLICATION SUMMARY FILE NAME: 7894 SW HANSEN LANE SIDE YARD SETBACK ADJUSTMENT CASE NO.: Adjustment (VAR) VAR2012 -00006 PROPOSAL: The applicant has requested a 20% adjustment to reduce the street side yard setback from 15 feet to 12 feet. APPLICANT: Alan Goffmoore 7410 SW Oleson Rd, Suite 133 Portland, OR 97223 OWNER: Heronwood Properties 16615 Maple Circle Lake Oswego, OR 97224 LOCATION: 7894 SW Hansen Lane; Washington County Tax Assessor's Map 2S112BD, Tax Lot 07500. COMPREHENSIVE PLAN DESIGNATION: Low- Density Residential. ZONING DESIGNATION: 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. 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 W of this decision. VAR201 2- 1 00026 -SE /BACK ADJUSTMENT PAGE 1 OF 3 NOTICE OP TYPE I DECISION THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject parcel is located at the southeast corner of SW 79 Avenue and SW Hansen Lane, Lot 11 of Brittan Meadows Subdivision. The subject parcel is 0.18 -acres in size. The proposal is to reduce the standard 15 -foot street side yard setback on SW 79t Avenue to 12 feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370.020 allows the following development Adjustments by means of a Type I procedure: Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. The applicant has requested an adjustment to the street side yard setback to reduce the base zone standard setback of 15 feet to 12 feet. Provided the following criteria are met, a 3 -foot reduction of this setback to 12 feet may be allowed because it reduces the setback by 20 percent, which is the maximum allowed for side yard setbacks. A development Adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: A demonstration that the Adjustment requested is the least required to achieve the desired effect; The adjustment is being requested to allow room to fit the proposed house plan, as indicated on the applicant's site plan. The information submitted by the applicant shows that the proposed setback reduction would be the minimum necessary to achieve the desired effect. The proposed adjustment request is in compliance with this standard. The Adjustment will result in the preservation of trees, if trees are present in the development area; Trees are not present in the development area. This standard does not apply. The Adjustment will not impede adequate emergency access to the site; As shown in the applicant's site plan, the proposed side yard setback adjustment will reduce the setback from the required base zone standard of 15 feet to 12 feet. The proposal does not change the access to the residence, which is a corner lot. Therefore, the adjustment will not adversely affect emergency access to the subject dwelling or any adjacent dwelling. This standard is met. VAR2012- 00002& -SP: I'BACK ADJUSTMENT PAGE 2 OF 3 NOTICE OF TYPE I DECISION There is not a reasonable alternative to the Adjustment which achieves the desired effect. Alternatives to the proposed adjustment would be to limit the degree of adjustment to something less than 3 feet. However, no public purpose would be served and the desired effect would not be achieved. Therefore, there is no reasonable alternative to the proposed adjustment which achieves the desired effect. FINDING: Based on the analysis above, the proposed reduction in the street side yard setback meets the applicable adjustment standards and may be granted. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and owners. Final Decision: A setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. meffil THIS DECISION IS FINAL ON JUNE 1, 2012 AND BECOMES EFFECTIVE ON JUNE 2, 2012. uesti ns: I you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2434. June 1. 2012 APPROVED BY: P genstecher DATE sso to Planner VAR2012- 000026-- SETBACK ADJUSTMENT PAGE 3 OF 3 NOTICE OF TYPE I DECISION . . TROXEL'S HOME DESIGN 1217 N.E. BURNSIDE STE. 303 GRESHAM, OR. 97030 1111 110I E:-.211 ` E =100 — .._._.— ._._. ._. —. 83_82- _ _ G = VO _._ .� I II I LOT # I I - I II i j 1 I II i i + II � I I v I II ii iti.a BE CK 1 I I�; I II II I 11 I 1 II I I ! ii I. RI-1 PROPOSED 1 4- I II > SI RESIDENCE � I / 11 Q PLAN # 1232A r F.F.E. = 1 0 1.00' 1 1 �7� +� I L.F.E. =91 .00' 1 I ! ,1 V/ (� 1 : G.F.E. = I 00.50' I . 1 1 11 .1 1 . COVERED I 1 1 i 7 ' 1 I PORCH- I I! I � I , —� L 1 I II _ I I If i 1 II 1 If 1 I 4" 0RIVEC CONC. WALK J 4 I �1 I �� i tzE7I Ci -�j ./•\?) / i . — . — . — —..1.c. —. 60.Ig ._. SIDEW T -- \' � ,/ %// I -\ e ' _PLANTER J r� : z "T�,d„r � `` ` 4 � ` f ' SW hANSEN LANE CITY OF TIGARD ///// r S % // �Pnc� (e osier) Approves Conditionally Approved 1 I LEGEND For only the work as described in: 3" SEWER PERMIT NO. ✓tttR Zbi 1 ,,R I . WATER ' See Letter to: Follow AS Attach 1 I 1) RAIN DRAIN Job Ad By: Date: 6 - -/ - 1 SAME: SITE PLAN DATE: 5-23 -12 SCALE: 1x20.00 • PLAN: PLAN 81232A DRAWN BY: NICK POVEY ".7'_ ESS: • RECEIVED : . 11114 NI City ofTigard MAY 2 4 2012 Adjustment — Type . 1 e I App1llCa CITY OF TIGARD OI�LA NNING /ENGINEERING TIGARD GENERAL INFORMATION p G/ I FOR STAFF USE ONLY Property Address /Location(s): 7 b l Sc.) N 4^&ENLA) Case No.: V 191 Z Q/ 2 - R •. y�9� sc.� �t 9 - Ate_ Other Case No(s).: "i r 2- I Z- ec'c d' Tax Map & Tax Lot #(s): 2 S t i 2_rD U7 SUCH Receipt No.: Application Accepted By: Site Size: Date: Applicant *: Pet (.XFat(— €Ve U R,F. j4OYVl�S Date Determined To Be Complete: Address: 7 S. OLESO RP 51 / 33 City/State: PbgT_A& at. /x O Zip: 77 Comp Plan /Zone Designation: Primary Contact: 41 6OtPrMCO Phone:l 9)3 ' (o(H &i23 Fax: Property Owner/Deed Holder(s)*: (Attach list if more than one) Rev. 7/1/11 �yt — fie /l /W,A4Lt7. c \cutpin \ masters \land use applications \adjustment-Type l App.doc Address: /6h /5 el'74P/A C.- ` ; P,6 z • Phone;5O3 7Fr/ /9S'/ City/State: /_4I es-OA l OPE Zip: 97ZZ V REQUIRED SUBMITTAL ELEMENTS * 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 V Application Elements Submitted: 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 0 Application Form authorization with this application. Er Owner's Signature /Written Authorization PROPOSAL SUMMARY ,g Title Transfer Instrument or Deed ❑' Site /Plot Plan (2 copies) The owners of record of the subject property request permission for an Administrative Adjustment to the following provision(s) of the Community ❑ Site /Plot Plan (reduced 81/2"x 11 ") Development Code (please circle one only): ❑ Applicant's Statet (Addressing Criteria Under Section 18.370.020) 'a-Development Adjustment — Front Yard, Interior Setbacks and Lot Coverage .Special Ariivstments: ❑ Filing Fee • 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 • Washington Square Reg. Center Density Adjustments • Wireless Communication Facility Adjustments — Distance From Another Tower City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 1 503-718-2421 I 1 www.tigard-or.gov I Page 1 oft Please state the reason for the Adjustment request: L )Q _ 1 MK_ 4 prf — S Cat h 0 nit- OYl 41 ;5 Iof. ''R.oxe. quavE Des n/ LA ,ho .n use a M; x44 nn 4 6 cucldG,W, car rA nP 44-7 )of , -,d no yet t.,_AP a ht. Lc)fPfrrtck aci irl p /rir► t)1& -t tVUr (OL-+ ..pienc4ite £ -i MC,kS Ct r€- d(.i4' On +i5 lot APPLI CANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, 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 , 20 Applicant /Authorized Agent Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 2 of Please scam the reason for the Adjustment request: lAPPLIC. k NTS: 1 ii ; :co 13silict an application complete, you will need to submit ALL of the REQUIRED R1BMITTAL ELEME1\11'.::: as described on the front of this application in the "Required Submittal Ements" box. k , . ! (Detailed Submittal Requitement Information sheets can be obtained, upon rec for all types nf Land :25c .-ipplicanun.i.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above Frilliest dors. nn f %*i0iiiit any deed re*Itiction that may: be attached to or itoposed iapun the subiet..-1 property, • If the application is granted, the applicant will eiterth.e the rights granted in accordance with the tehris and subiect to all the conditions and limitations of the approval! • Ail of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are uue; and the applisxnts so acknowledge that any permit issued, based on this application, rem be revoked if it is found that any such statements are false. .• • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this 2 a da of frk Pty , 20 1 2.— Ald / i.,..... - ..16.7 4 a1 . 11/1 1141A - .1.N..■ 411■-■111.111.-7. ,,/, .... Alf pplicaut/Au ,-" • ( . a frk OA f)i, • . ____... cywrier. SignAture Owner's Signature y c:f Tvrei ! 13125 SW Hall Blvd., Tigard, OR 97223 i 503-718-2421 I viww.tigard-or.gov I Page 2 of2 / We are applying for an adjustment based on code 18.370.020 Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; /2 c i 5 ( d9 Cr ,(e c -r pr -61 I c c 141 b. The adjustment will result in the preservation of trees, if trees are present in the development area; /vv `1 w a c� 'fit Af c7 O, c. The adjustment will not impede adequate emergency access to the site; ?hem LS re d. This is not a reasonable alternative to the adjustment which achievers the desired effect. ,.ro t h c.ui) org o4erw?3e MG4 a Cc. TROXEL'S HOME DESIGN 1217 N.E. BURNSIDE STE. 303 GRESHAM, OR. 97030 ,, , 1111 E C _._ _ . —._ fi _ -. 83_82- - - £=�tp — — G =)00 LOT #I I . I II _ 7,826 5Q fT � � I II ; r I i ll II: 11 o- -n l DECK 1 ' I I I II I • I r1 1 . 1 If I ;, 1 11 I ;1-i PROPOSED I � I II > gl RESIDENCE , 1 1 li i 1 I— PLAN # 1 232A 12 I• .4 F.F.E. = I O I .00' L.F.E. =91 .00' I 1 V N G.F.E. = 100.50' — I$ I II I 1 ni 1 0),' 1 I ' COVERED 1 I l l y I, (r) I PORC I I I II 1 I II 1 _ T CONC. WALK J 1 I II 1 I II o 1 1 1 11 I 4" DRIVEC b / / �I . I : 3 � ; ice 1 1 St .�._._._.__._. i' y 2 / // cbdi GO. 13' Gz� SIDEW - // J 4 , r, _PLANTER _ J i, ®" z , - T r i , " + 44 f > SW hANSEN LANE ///// 5'� II 4hr.(, (ernsia) LEGEND 5 3" SEWER I " WATER © GAS / POWER - -- RAIN DRAIN NAME: SITE PLAN DATE: 543 -12 SCALE: 1 = 20.00• PLAN: PLAN #1232A DRAWN BY: NICK POVEY ADDRESS: TROXEL'S HOME DESIGN 1217 N.E. BURNSIDE STE. 303 GRESHAM, OR. 97030 1 \ , IIN I IIIL 8 3 _ 8 2 _ _ =�� — T LOT # 1 I 7 82 j I II _ 6 SQFT I II I 1 II I r - 'I' I 1 If , • 1 If I I: 1 II li e.a1 DECK 1 IN, I 8 I I I1 1 I 1 11 1 I ' Pe W 11 PROPOSED 1 I § Q gl RESIDENCE , / 1 11 PLAN #1232A T I r F.F.E. = I O I .00' 1 ���I -4-N i L.F.E. =91 .00' 1 I 1 co I N- G.F.E. = 100.50' - 1 1$ / I 1 I COVERED 1 'v 1 ' y ' 1 (f) I I PORCH t J IL J r ;P I 1 11 I ,_ is I CONC. WALK J I 1 11 • 1 N I : I I I II a I RIVE DC b 1 1 ! 11 i(g) i tz 60 :ICY) .13' S IDEWALK i r / j C,F, r PLANTER ■ i % e _ e °-fr,dg„+ AiO46X""`7,-�> SW hANSEN LANE 7////::: si i 4) (errn,a) LEGEND ' 0 3" SEWER v I " WATER , g) GAS ■g, POWER - -- RAIN DRAIN NAME: SITE PLAN DATL: 5.23 -12 SCALE: 1 "'200' PLAN: PLAN #1232A DRAWN BY: NICK POVEY =ESS: 1 1 11 CITY OF TIGARD RECEIPT ■ , 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIG ARD Receipt Number: 186890 - 05/24/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2012 -00006 Development Adjust 100 - 0000 -43116 $258.00 VAR2012 -00006 Development Adjust - LRP 100 - 0000 -43117 $38.00 Total: $296.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 39722G GPAGENSTECHE 05/24/2012 $296.00 Payor: Alan Goffrnoore Total Payments: $296.00 Balance Due: $0.00 Page 1 of 1 • O Washington County, Oregon 2009 -059251 06/3012009 09:48:08 AM 1 I D 45612 Cnt41 ptna22 I REED $10.00 $6.00 $11.00 - Total a $24.00 11 I I I I 111hhIht 1 �1 III RE SE PACE S IIIUIUI1II THI S THIS 01381288200900582 C, Richard Hobamlcht, Director of Assess ment and ,,• T 2t Taxation and Ex- Officio County Clerk for Was hington County, Oregon, do hereby certify that the within ti/ .•. ,r, instrument of wrldng Was rec,lred a d re orded In the PACIFICNORT`HVVFST TITLE LE Eocb of records of said ccu RichardHobemkht,Din or ofAswssmord snd 't7�%c:r o£Ot Oregon. Inc. Tuition, Ex.fflclo County Clerk After recording return to: Morris R. Westlund 16615 Maple Circle Lake Oswego, OR 97034 ( Until a change is requested all tax statements shall be sent to the following address: Qo Brittany Meadows LLC, C/O Morris R Westlund 16615 Maple Circle Lake Oswego, OR 97034 File No.: 13- 1085228 (CLM) Date: June 25, 2009 ts- STATUTORY BARGAIN AND SALE DEED Morris R Westlund, Trustee of the Morris R Westlund Trust, dated February 27, 1980 , Grantor, conveys to Brittany Meadows, LLC, an Oregon Limited Liability Company, Grantee, the following described real property: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: Lots 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 22 and 23, BRITTANY MEADOWS, in the City of Tigard, County of Washington and State of Oregon. The true consideration for this conveyance is $Other Consideration. (Here comply with requirements of ORS 93.030) 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. Page 1 of 2 0 -r 1 APN: R2155920 Bargain and Sale Deed File No.: 13 1085228 (CLM1) - continued Date: 06/25/2009 Dated this o day of 3une,2.Q' . The Morris R Westlund ` Trust i%4.41 1 Morris R We und, Trustee STATE OF Oregon ) )ss. County of Washington ) This Instrument was acknowledged before me on this °? / day of ^-� , 20 by Morris R Westlund as Trustee of the Morris R Westlund Trust. 4 .v 1•, OFFICIAL SEAL I 1 C L Murphy , , ,,,i CLMURPHY 1 . NOTARY P - OREGON Notary Public for Oregon \ ;o f COMMISSION N0.424744 My commission expires: 2/6/12 L__ MY COMM1Ss2LE) P IRES FEBRUARYS, 2012 Page 2 of 2