Correspondence I
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4 CIty iiruk Tree S e, i . \\ Gary Nebergall, In the Industry Since 1978
- 11254 SE 21st • Milwaukie, OR 97222 • (503) 653 -6873 • Cell (503) 969 -7917
RECEIVED
August 31, 2012 SEP 0 4 2012
CITY OF TIGARD
PL ANNING/ENGINEERING
D.R. Horton
Sent via e-mail: GACul @drhorton.corn
Re: Tree protection for 2 sequoia trees on Lot 28 at Alpine View
Gary,
I did visit your site at Lot 28. After looking at this project, we would offer the following.
1. Visit the site bi- weekly to check the protection of the 2 sequoia trees.
2. The pre - approved 4 foot fence is in place as approved. However, I did talk to Andy Tiemann
on site and he agreed to straighten the fence on the left and right side of the tree. The
fence has been pushed forward and should be up righted.
3. When excavating for the rear lot retaining wall, keep the excavator on the downhill side
(house side) of lot to stay away from the root zone of these trees.
4. When excavating, we would like to be notified so we can have a meeting with the excavator
to assure the best possible outcome to the trees.
5. We will allow time the day of the excavation to be on site.
6. The fence put in by previous owners must stay in place for the duration of the project and
there should be no entry inside the fence line with equipment or storage.
My cell number is (503) 997-9757. Other contact numbers are as follows: Office (503) 653 -6873
and Gary Nebergall, President (503) 969 -7917. I should be easily reached but the alternate
numbers will get a message to me, if needed.
Sincerely,
I vi.a4zrat
Daniel Nebergall
Certified Arborist, License PN 7179 - A
City Wide Tree Service, Inc.
CC13# 100699 • Liability Policy# 02- 00-957552 -4 • SAIF# 485761
•
NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT (VAR) 2012 -00003 1 ■
D R HORTON FRONT YARD SETBACK 1 I U A It D
120 DAYS = 08/29/2012
SECTION I. APPLICATION SUMMARY
FILE NAME: D R HORTON FRONT YARD SETBACK
CASE NO.: Development Adjustment (VAR) VAR2012 -00003
PROPOSAL: The applicant requests an adjustment to the front yard setback to reduce the
setback from 15 feet to 11.25 feet, a reduction of 25 %, to accommodate
construction of a new single family residence.
APPLICANT D R Horton, Inc. - Portland
AND OWNER: Kati Gault
4380 SW Macadam Ave., Suite 100
Portland, Or 97239
ZONING: R -7: Medium- Density Residential District. The R -7 zoning district is
designed to accommodate attached single - family homes, detached single -
family homes with or without accessory residential units, at a minimum lot
size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000
square feet. Mobile home parks and subdivisions are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 13369 SW Ouzel Loop, WCTM 2S109AB, Tax Lot 14700.
APPLICABLE
CODE CRITERIA: Community Development Code Chapter 18.370.
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
VAR2012 -00003 DR Horton Front Yard Adjustment Page 1
. .
SECTION III. BACKGROUND INFORMATION
Site Information:
The site is in the Alpine View Subdivision near the intersection of Ouzel Lane and Alpine View Drive.
The lot is approximately 4,762 square feet in area.
Site History:
The subject property was approved through review of a subdivision in 2005. This lot is in the interior of
the subdivision with normal setbacks for Residential Zone R -7 and is regular in shape, sloping away
from the street approximately 14 feet to the rear of the lot.
Proposal Description:
The applicant requests an adjustment to the front yard setback to reduce the setback from the
required 15 feet to 11.25 feet, a reduction of 25 %, to accommodate construction of a single family
residence while saving trees in the back of the lot and limiting excavation into the slope.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
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 -7 ZONE Standard Proposed
Minimum Setbacks
-Front yard 15 ft 11.25 ft
-Side facing street on corner & through lots 10 ft N/A
- Side yard 5 ft 5 ft
-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.
DEVELOPMENT ADJUSTMENT - APPROVAL CRITERIA
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:
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 setback of 15 feet,
reducing the front yard setback to 11.25 feet. All other setbacks will be adhered to. The
adjustment is requested to be able to construct a single family residence while limiting the
excavation into the sloped lot.
VAR2012 -00003 DR Horton Front Yard Adjustment Page 2
b. The Adjustment will result in the preservation of trees, if trees are present in the
development area;
The adjustment is requested in an effort to save trees on the rear of the lot.
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 placement of the single family residence is the most reasonable and least intrusive into
setbacks. The residence as it is planned will not intrude into a rear or side yard. There is no
other reasonable alternative to reach the desired effect, construction of a residence similar in
size to those in the rest of the subdivision.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant /owner.
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 MAY 10, 2012 AND
BECOMES EFFECTIVE ON MAY 11, 2012.
Questions:
If you have any questions please call the approving staff member or stop by the Planning office at
the Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, OR 97223.
71 \1 6 0.1 4e cc t ,4 3 3
May 10, 2012
Approved by: Darrel "Hap" Watkins Date
Livability Compliance Specialist
503 - 718 -2440
hap @tigard - or.gov
VAR2012 -00003 DR Horton Front Yard Adjustment Page 3
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ALPINE VIErr R w r:'1v
LOT 28 f- 9 4 2012
CITY OF TIGARD, OR
CI v Di 11GARD
DISCLAIMER: CITY /JURISDICTION HAS AUTHORITY P��V�dlf�ilt�1GINEERING
TO CHANGE SITE PLAN IF NEEDED.
EROSION CONTROL FRONT LANDSCAPE
CTI cn HAY AND SILT FENCE IF NEEDED
C0 CD
IV
• O
INSTALL TREE LOT COVERAGE
PROTECTION FENCE LOT AREA = 4,762 SF
N L i..:,,. .> _ BLDG FOOTPRINT = 1356 SF
---------.. �': 9 \ _ • .1, . 7
" COVERAGE = 28%
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SILT FENCE - TYP. r EXISTING
SETBACK REQUIREMENTS
a o p FRONT (TO BLDG WALL/PORCH) 15'
o SIDE YARD (ST.) 10'
N 3s ao SIDE YARD 5' 111 49 GARAGE 20' _ REAR 15'
1 •, III
, i PROPOSED
■ 03 \ _� SETBACK REQUIREMENTS
8 * FRONT (TO BLDG WALL/PORCH)11.25'
w SIDE YARD (ST.) 10'
H LOT Z8 SIDE YARD 5'
4,762 SQ. FT � � � 1 GARAGE 20'
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— REAR 15'
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p ADDRESS: 13389 SW IXRII. w
D.R. Horton Homes
j PLAN : 3731 A
0 SCALE: 1 - 20 4386 SW. Macadam Avenue, Suite 102
\,E : 8/31/12 Portland Oregon
PHONE : 503.222.4151 FAX : 503.222.3717 /