ADJ2016-00102 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT
ADJ2016-00102 and ADJ2016-00103
OLSON WOODS so
120 DAYS =July 20, 2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Olson Woods
CASE NO.: Development Adjustment(ADJ) ADJ2016-00102
ADJ2016-00103
PROPOSAL: This applicant requests two development adjustments to reduce the minimum
setback requirements for Lot 7 of the approved Olson Woods Subdivision
(SUB2014-00008). In particular, the applicant requests to reduce the interior side
yard setback from 5 feet to 4 feet (20%), and the street side yard setback from 15
feet to 12 feet(20%).
APPLICANT: Windwood Construction,Inc. OWNER: Same as applicant
Attn: Dale Richards
12655 SW North Dakota Street
Tigard,OR 97223
LOCATION: 12540 SW Walnut Street;WCTM 2S104AD,Tax Lot 4100
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 Section 18.370.020.8
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.
ADJ2016-00102 and ADJ2016-00103 Olson Woods 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is Lot 7 of the Olson Woods Subdivision (SUB2014-00008),which was approved
by the City of Tigard Planning Division in March 2015. This approval was for a 13-lot subdivision,
located south of SW Walnut Street and east of SW Sevilla Avenue,with public streets that will connect
SW Walnut Street to SW Tranquil Lane. The site is zoned R-4.5 (Low-Density Residential), as are
surrounding properties.
Proposal Description:
This applicant requests two development adjustments to reduce the minimum setback requirements for
Lot 7 of the approved Olson Woods Subdivision (SUB2014-00008). In particular, the applicant
requests to reduce the interior side yard setback from 5 feet to 4 feet (20%), and the street side yard
setback from 15 feet to 12 feet (209/6).
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 applicant requests to reduce the interior side yard setback from 5 feet to 4 feet (20%), and the
street side yard setback from 15 feet to 12 feet (20%). These reductions meet the development
adjustment descriptions outlined above, and are being processed through a Type I procedure.
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;
The applicant requests to reduce the interior side yard setback from 5 feet to 4 feet (20%), and the
street side yard setback from 15 feet to 12 feet (20%), in order to accommodate a new detached,
single-family home of a particular design. Staff has evaluated the applicant's submitted site plan and
narrative to determine that this adjustment is the least required to achieve the desired effect. This
criterion is met.
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
ADJ2016-00102 and ADJ2016-00103 Olson Woods 2
There are no trees present in the relevant development areas. In addition, the applicant's site plan
matches the approved Tree Canopy Plan (revised on July 27, 2015) from the project arborist,
Morgan Holen&Associates,LLC. This criterion is met.
c. The adjustment will not impede adequate emergency access to the site;
Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not
impede adequate emergency access to the site. In addition, the subject property is a corner lot that
will have approximately 45 feet of direct frontage along SW Parkdale Avenue,and approximately 83
feet of direct frontage along SW Tranquil Lane. This criterion is met.
d.There is not a reasonable alternative to the adjustment which achieves the desired effect.
The applicant requests these development adjustments in order to accommodate a new detached,
single-family home of a particular design.As demonstrated above, the applicant's proposal complies
with 20% reductions for interior and street side yard setbacks. There is not a reasonable alternative
to the proposed adjustments which achieves the desired effect. This criterion is met.
CONCLUSION: This proposal is for two Development Adjustments, and is in compliance with
the applicable standards of this Title.
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 24, 2016
AND BECOMES EFFECTIVE ON MARCH 25, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSa—tigard-or.gov.
�_ _ March 24.2016
APPROVED BY: Lina Smith
Assistant Planner
ADi2016-00102 and ADJ2016-00103 Olson Woods 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard MAR 2 2 2016
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF TIGARD
Adjustment — Type I Application PLANNING/ENGINEr-_nli IG
PROPOSAL SUMMARY (brief description): FOR STAFF ITSE ONLY
a 4 ash` DJ oo l o Zi� o of OCase No.(s): A2
Related Case No.(s):
The owners of record of the subject property request an Adjustment Application Fee: � 7 (3 2
to the Community Development Code (please check one only):
Application Accepted:
,pKDevelopment Adjustment—Front Yard Setback,Interior By: 61(� Date: 3/1-Z/I
Setbacks and Lot Coverage Date Determined Complete:
Special Adjustments: By: LS Date:
❑ Adjustments to Subdivision standards
❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation:
❑ Washington Square Regional Center Dimensional and Density e �/.s—
requirements I:\CURPLN\Masters\Land Use Appliwtions\Adjustment—Type I
❑ Adjustments to Access and Egress Standards Rev.02/09/201.5
❑ Adjustments to Parking Standards
❑ Adjustments to the Sign Code
❑ Adjustments to Wireless Communication Facilities
❑ Adjustments to Street Improvement Requirements
❑ Adjustments to Downtown Connectivity Standards
Property Address/Location(s): REQUIRED SUBMITTAL
_.1 X!0,43 5 J A4/LtJ/#Z'F TA ,'f 4J att�7.z2 3 ELEMENTS
Tax Map and Tax Lot#(s): Owner's Signature/Written
Site Size: lid -45tAuthorization
Title Transfer Instrument or Deed
Applicant: &V160 4--144Q IONS j /UC�d Site/Plot Plan(2 copies)
Address: /126 Sw � y
altz-A ,C AIelorX .S/V,4:L7 [ Site/Plot Plan(reduced 8'/2'x 11")
City/state: 7-1662 Q OQgoE Zip: 9`7� 3 'Applicant's Statement
^ (Addressing Criteria under Section 18.?"
Primary Contact: ac /r /�i�a/� fd"Filing Fee
Phone: 760 "�Z3 7';— Email: k�/�GIS✓ad C,/dS oi►+�N w �i�Gt�
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name:
Address:
City/state: Zip:
*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.
City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
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.
THE APPLICANTS) 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 required.
zy A
Applicant/Authorized Agent signature Print name Date
Owner's signature Print nam���/ � Date
1,40, L off
ADJUSTMENT—TYPE I APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2
Washington County,Oregon 2015-065504
D-DW
Stn=9 C WHITE 07/31/2015 02:51:58 PM
$15.00$11.00$5.00$20.00$1,500.00 $1,571.00
$Afg rd Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
RECORDING REQUESTED BY: certify that the within instrument of writing was received and
recorded In the book of records of said county.
Richard Hobernicht, Director of
Assessment and Taxation, Ex-Officio
GRANTOR:
Dennis D. Olson and Bonnie Louise Olson as
tenants by the Entirety and Windwood
Construction, Inc.
12540 SW Walnut Street
Tigard, OR 97223
GRANTEE:
Windwood Construction, Inc.
12655 North Dakota Street
Tigard, OR 97223
SEND TAX STATEMENTS TO:
Windwood Construction, Inc_
12655 North Dakota Street
Portland, OR 97223
AFTER RECORDING RETURN TO:
Windwood Construction, Inc.
12655 North Dakota Street
Portland, OR 97223
Escrow No: 3626068527NT1-TTPOR45
2S 104AD
12540 SW Walnut Street
Tigard, OR 97223
C SPACE ABOVE THIS LINE FOR RECORDER'S USE
r
�e
STATUTORY WARRANTY DEED
9
Dennis D. Olson and Bonnie Louise Olson as tenants by the Entirety and Windwood Construction, Inc.,
rte( Grantor, conveys and warrants to
Windwood Construction, Inc., Grantee, the following described real property,free and clear of
iu+ encumbrances except as specifically set forth below, situated in the County of Washington, State of
FOregon:
PARCEL 1: Beginning at the one quarter corner on the East line of Section 4, Township 2 South,
F-- Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State
M— of Oregon; and running thence South 89'18'West on the South line of the Northeast one quarter
d of said Section 4, a distance of 299.2 feet to an iron pipe; thence North 1042'West parallel with
the East line of said Section 4, a distance of 655.4 feet to a point in the center line of County Road
a No. 954, from which point an iron bears South 1'42' East 20.0 feet; thence North 89'22East
oe 299.2 feet to an iron pipe in place on the East line of said Section 4; thence South 1'42' East
655.1 feet to the place of beginning.
EXCEPTING THEREFROM that portion thereof included within the following described land:
Beginning at a point on the North line of that tract conveyed to Sever O. Severson and wife, by
Deed Book 195, Page 153, South 89'22'West 204.2 feet from the Northeast comer thereof;
thence South 89'22'West on the North line of said Severson Tract 95.0 feet to the Northwest
comer thereof; thence South 1'42'East on the West line of said Severson Tract 170 feet; thence
North 89'22' East parallel with the North line of said Severson Tract 95 feet; thence North 1'42'
West 170 feet to the place of beginning.
ALSO EXCEPTING THEREFROM that portion thereof included with the following described land:
Beginning at a point on the North line of that tract conveyed to Sever O. Severson and wife, by
3626068527NT1-TTP O R45
Deed(Warranty-Statutory)
Deed in Book 195, Page 153, South 89'22'West, 114.2 feet from the Northeast corner thereof;
thence South 89`22'West on the North line of said Severson Tract 90 feet to the Northeast comer
of that certain tract deeded by Sever O_ Severson and wife to Everett O. Severson and wife and
recorded in Washington County Deed Records in Book 400, Page 649; thence South 1'42' East
170 feet; thence North 89'22' East 90 feet; thence North 1'42'West 170 feet to the place of
beginning_
ALSO EXCEPTING THEREFROM, that portion thereof included within the following described
land:
The North 240 feet of the East 84.2 feet of the following described property:
Beginning at the one-quarter corner on the East line of Section 4, Township 2 South, Range 1
West, of the Willamette Meridian and running thence South 89'18'West in the South line of the
Northeast one quarter of said Section 4, a distance of 299.2 feet to an iron pipe; thence North
1'42 West parallel with the East line of said Section 4, a distance of 655.4 feet to a point in the
center line of County Road No. 934,from which point an iron bears South 1'42' East 20.0 feet;
thence North 89'22' East 299.2 feet to an iron pipe in place on the East line of said Section 4;
thence South 1'42' East 655.1 feet to the place of beginning.
ALSO EXCEPTING THEREFROM that portion thereof included within the following described
land:
Beginning at the quarter corner on the East line of Section 4,Township 2 South, Range 1 West, of
the Willamette Meridian, in the County of Washington and State of Oregon; thence South 89'18'
West on the South line of the Northeast comer of said Section 4, 299.2 feet to an iron pipe;
thence North 1'42' West parallel with the East line of said Section 4, 209.2 feet to the true point of
beginning; thence North 89'18' East 185 feet to a point; thence North 1'42'West 100 feet to a
point; thence South 89'18'West 185 feet to a point; thence South 1'42' East 100 feet to the true
point of beginning
PARCEL 2: A portion of that tract conveyed to Sever O. Severson et ux by Warranty Deed
recorded January 3, 1941 in Book 195, Page 153, Deed Records of Washington County, Oregon,
being more particularly described as follows:
Beginning at the quarter corner on the East line of Section 4, Township 2 South, Range 1 West of
the Willamette Meridian in the County of Washington and State of Oregon; thence South 89'18'
West on the South line of the Northeast comer of said Section 4, 299.2 feet to an iron pipe;
thence North 1`42'West parallel with the East line of said Section 4, 209.2 feet to the true point of
beginning; thence North 89'18' East 185 feet to a point;thence North 01'42'West 100 feet to a
point; thence South 89'18'West 185 feet to a point; thence South 01'42" East 100 feet to the true
point of beginning.
PARCEL 3: The North 240 feet of the West 20 feet of the East 84.2 feet of the following
described property:
Beginning at the one-quarter comer on the East line of Section 4,Township 2 South, Range 1
West, of the Willamette Meridian and running thence South 89'18'West in the South line of the
Northeast one quarter of said Section 4, a distance of 299.2 feet to an iron pipe; thence North
1'42 West parallel with the East line of said Section 4, a distance of 655.4 feet to a point in the
center line of County Road No. 934,from which point an iron bears South 1'42' East 20.0 feet;
thence North 89'22' East 299.2 feet to an iron pipe in place on the East line of said Section 4;
thence South 1'42' East 655.1 feet to the place of beginning.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $1,500,000.00. (See
ORS 93.030)
Subject to and excepting:
Covenants, Conditions, Restrictions, Reservations, set back lines, Power of Special Districts, and
easements of Record, if any_
2015/2016 taxes, a lien, but not yet payable.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, 1F 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
3626068527NT 1-TTPOR45
Deed (Warranty-Statutory)
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 2009, AND SECTIONS 2 TO 7,
CHAPTER 8, OREGON LAWS 2010.
DATED:
i
to'e"frW D. OIs n
Bonnie Louise Olson
Windwood Construction, Inc.
Y: ��
��M ale Rtch s
BPresident
State of OREGON
COUNTY of I� l
This instrument was acknowledged before me on 20�
by_Dennis D. Olson and Bonnie Louise Olson and M. Dale Wchards as President of Windwood
Construction, Inc.
Notary Public - S -ate o Oregon
My commission expires: �c
OFFICIAL SEAL
NICOLA T TIMM
NOTARY PUBLIC-OREGON
COMMISSION NO.472.754
MY COMMISSION EXPIRES JANUARY 21,2017
3626068527NT1-TTP O R45
Deed(Warranty-Statutory)
W, -Z A�Z;�LS
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Approved by Planning
Date: 3 a
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3/22/16
WINDWOOD CONSTRUCTION INC.
12655 SW NORTH DAKOTA STREET
TIGARD OREGON 97223
CCB 50196
LOT 7 OLSON WOODS 12983 SW PARKDALE LANE SETBACK ADJUSTMENT
LOT 7 OLSON WOODS IS THE MODEL HOME FOR THE SUB-DIVISION WINDWOOD IS REQUESTION A SET
BACK ADJUSTMENT TO BOTH SIDE YARDS. WE ARE REQUESTING SIDEYARD ADJUSTMENTS RELATED TO
18.370.020. WE ARE REQUESTING A SETBACK ON BOTH SIDES OF 20%. ON THE SOUTH SIDE THE
SETBACK IS 5 FEET. WE ARE REQUESTING THAT SETBACK BE REDUCED TO 4 FEET. WE ARE ALSO ARE
REQUESTING THE NORTH SETBACK BE REDUCED 20% FROM 15 FEET TO 12 FEET.THIS ADJUSTMENT
WILL MAKE OUR MODEL HOME FIT ON THE LOT AND WILL HELP ACHIEVE A BETTER SITE LAYOUT.
THESE ADJUSTMENTS WILL NOT IMPEED ANY EMERGENCY ACCESS TO THE SITE IN ANY WAY.
BASED ON THE PLAN AND THE LOT, THERE IS NOT ANY OTHER ALTERNATIVE THAT IS EFFECTIVE TO
ACHIEVE THE DESIRED EFFECT.
THANKYOU FOR YOUR CONSIDERATION .
REGARDS
M.DALE RICHARDS, PRESIDENT
WI DWOOD CONSTRUCTION INC.