VAR2014-00004 VAR2O14 - 00004
PACIFIC
EVERGREEN
HOMES DEVELP .
ADJUSTMENT
NOTICE OF TYPE II DECISION
PACIFIC EVERGREEN HOMES .
. .
DEVELOPMENT ADJUSTMENT
VARIANCE (VAR) 2014-00004 T I G A R D
120 DAYS = 7/8/2014
SECTION I. APPLICATION SUMMARY
FILE NAME: PACIFIC EVERGREEN HOMES DEVELOPMENT ADJUSTMENT
CASE NOS.: Variance (VAR) VAR2014-00004
PROPOSAL: The applicant is requesting approval for a Development Adjustment to the
minimum front yard setback requirement (a 25% reduction) for a new single
family residence. The proposed front yard setback is 15 feet instead of 20
feet.
APPLICANT: Pacific Evergreen Homes OWNER: Same as applicant
Alan Goffmoore
7410 SW Oleson Road,#133
Portland,OR 97223
ZONING: R-4.5: Low Density Residential. 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: 7755 SW Hansen Lane;WCTM 2S112BD,Tax Lot 07900
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.370.020.B
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above requested Adjustment to the minimum front yard setback requirements.
The findings and conclusions on which the decision is based are noted in Section V of this Decision.
SECTION III. BACKGROUND INFORMATION
Site History and Information:
The subject property is located at the terminus of SW Hansen Lane. The site was approved as part
V:AR2014-00004 PACIFIC EVERGREEN HOMES DEVELOPMENT ADJUSTMENT Pagel
of the Brittany Meadows Subdivision (SUB2005-00015). The .16 acre site is currently vacant but a
single family residence is proposed. The property is zoned Low Density Residential (R-4.5) as are
properties to the south and west; properties to the north and east are zoned Medium Density
Residential (R-7).
Proposal Description:
The applicant is requesting approval for a Development Adjustment to the minimum front yard
setback requirement (a 25% reduction) for a new single family residence. The proposed front yard
setback is 15 feet instead of 20 feet.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.370 Variance and Adjustments
18.370.020 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
paragraph 2 of this subsection B:
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.
The adjustment request is to reduce the required front yard setback from 20 feet to 15 feet, a 25%
reduction. This request is a development adjustment.
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 requested is the least required to achieve the
desired effect;
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
c.The adjustment will not impede adequate emergency access to the site;
d. There is not a reasonable alternative to the adjustment which achieves the desired
effect.
The lot has a curve along the frontage, which would make the setback approximately 25 to 30 feet
on the west portion of lot, while the east portion would be 15 feet, as proposed. Reducing the
setback would bring the garage closer to the home, result in less impervious surface due to a shorter
driveway and visually more appealing because of the shorter driveway. There are no trees on the lot.
The adjustment would not affect the existing adequate emergency access. Due to the shape of the
lot, there is no reasonable alternative to the adjustment. This standard is met.
FINDING: Based on the analysis above,the adjustment approval criteria have been satisfied.
VAR2014-00004 PACIFIC EVERGREEN HOMES DEVELOPMENT ADJUSTMENT Page 2
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Development 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.
THIS DECISION IS FINAL ON MARCH 13, 2014.
AND BECOMES EFFECTIVE ON MARCH 14, 2014.
Questions:
If you have any questions, please call Agnes Kowacz with the City of Tigard Planning Division,
Tigard City Hall, 13125 SW Hall Boulevard,Tigard,OR 97223 at (503) 718-2427.
Y 4 ��' ' March 13.2014
PREPARED BY: 0- es Kowacz DATE
ssociate Planner
VAR2014-00004 PACIFIC EVERGREEN HOMES DEVELOPMENT ADJUSTMENT Page 3
TROXEL'S HOME DESIGN
1778 S.W. 26TH CT.
GRESHAM, OR. 97080
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PERMIT NO VA12201y-Oc O
LEGEND See Letter to: Follow
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NAME: DATE: 2119114
SCALE: 1"=moo. PLAN: PLAN#1413 DRAWN BY: DENNIS TROXEL
ADDRESS:
APPLICANT
MATERIALS
RECEIVED
II • City Of Tigard FEB 27 2014
•TIGARD Adjustment — Type I Application
CITY OFTIGARD
GENERAL INFORMATION {r n
Property Address/Location(s): 7755 5c.•) CTrttu rrJ LN
Tax Map&Tax Lot#(s): .-��1 'Z-BD 0-7 t/Oo
FOR STAFF USE ONLY
CaseNo.: VAR2O1'i —OOW—►
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Other�Case No(s).: SUC32.005-00015
Site Size: t0q(o� ' u i Fee: `�3 I910O
Applicant*: p4ch--tz61 `Flkl.lc,(Le-�C-r.1 WOWS. r('�5bj,
Receipt No.:
Address: `7 i'I O SCE OC. $0nJ al) 51-E- 133 Application Acc pted By:
City/State: PC)2-SLr4�� UYL zip: 9 72 Z 3
Date: 2127 (LI
Primary Contact: 4U J --MO Date Determined To Be Complete:
Phone: 503 (b' vi-z3 Fax: 5I10 I14
Property Owner/Deed Holder(s)*: (Attach list if more than one) Comp Plan/Zone Designation:
14.'141C R— '4.5
Address: Phone:
Rev.6/24/2013
City/State: Zip: I:\CURPLN\Masters\Land Use Applications\Adjustment-Type 1.doc
*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.
REOI TIRED SUBMITTAL ELEMENTS
PROPOSAL SUMMARY
✓ Application Elements Submitted:
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the Community M Application Form
Development Code(please circle one only):
Owner's Signature/Written Authorization
Title Transfer Instrument or Deed
Development Adjustment—Front Yard,Interior Setbacks and Lot Coverage Site/Plot Plan(2 copies)
Special Adjustments: Ni Site/Plot Plan(reduced 81/2"x 11")
• Adjustments to a Subdivision pplicant's Statement
• Reduction of Minimum Residential Density (Addressing Criteria Under Section 18.370.020)
• Landscaping Adjustments—Existing/New Street Trees
♦ Parking Adjustments—Reduction in Stacking Lane Length Filing Fee
• Parking Adjustments—Reduction in Minimum Parking for Transit �
Improvements/Existing Development
• Setback Adjustments—Setbacks to Reduce Tree Removal
• Washington Square Regional Center Density Adjustments
♦ Wireless Communication Facility Adjustments—Distance From Another Tower
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2
1
Please state the reason for the Adjustment request: (_ J1 j d') -1-0 4 D 14'CPI" P Si
APPLICANTS:
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.
Z 011
DATED this day of l'r a A�y .
(..
Applicant/A orized Agent Signature r Owner's S' tore`
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 2
We are applying for a adjustment based on code 18.390.030
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 affect;
The home adjacent to the lot is set at 15 foot set back and would like to
keep the continuity of the street and preserve the view which would only
be further obstructed by pushing the home deeper into the lot.
b. The adjustment will not impede adequate emergency access to the sit.
The set back of the garage will still be over 20 feet and thus the driveway
will still be long enough to be used as a turn around point.
c. there is not a reasonable alternative to the adjustment which achieves the
desired affect.
Due to the current whole orientation of the existing homes it is not
possible to line up the houses on the street without a front set back
variance.
d. Without variance,the additional set back will cause more impervious
surface.
\+ k, THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to:
Pacific Evergreen Homes LLC
7410 SW Oleson Road #133
Portland, OR 97223
Until a change is requested all tax
statements shall be sent to the
following address:
Pacific Evergreen Homes LLC
7410 SW Oleson Road #133
Portland, OR 97223
File No.: 7000-2013074 (GJM)
Date: December 19, 2012
STATUTORY WARRANTY DEED
Brittany Meadows, LLC, an Oregon limited liability company, Grantor, conveys and warrants to
Pacific Evergreen Homes LLC, an Oregon limited liability company , Grantee, the following
described real property free of liens and encumbrances, except as specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
Lots 1,2,3,8,12,13, 22,23 Brittany Meadows, in the City of Tigard, County of Washington •
and State of Oregon.
Subject to:
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 $1,075,000.00. (Here comply with requirements of ORS 93.030)
Page 1 of 2
APN;R2155922 Statutory Warranty Deed File No.: 7000-2013074(GM)
-continued
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, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
• CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2006 ND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this day of i , 20/Z.
Brittany Meadows, LLC, an Oregon limited
liability corms- y
"Peter K. Trumbo, ember
„+ OFFICIAL SEAL
f*, :irrj GLORIA J MILLER
NOTARY PUBLIC-OREGON
...OMISSION NO. 447769
STATE OF Oregon ) MY COMMtSsON EXPIRES APRIL 16,2014
)ss.
County of Washington
This instrument was acknowledged before me o this�� say ofd, 20_4?/
by Peter K. Trumbo as Member of Brittany Meado 11 .e-.If of the limited liability company.
Gloria Miller
Notary Public for Oregon
My commission expires: 4-16-2014
Page 2 of 2