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ADJ2016-00115 NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2016-00115 LHL HOMES, INC. 120 DAYS = March 1,2017 SECTION I. APPLICATION SUMMARY FILE NAME: LHL Homes, Inc. CASE NO.: Development Adjustment(ADJ) ADJ2016-00115 PROPOSAL: The applicant requests one development adjustment to reduce the front yard setback requirement from 20 feet to 15 feet(25%).The subject property is Parcel 1 of the approved Bean Partition (NELP2008-00004). APPLICANT: LHL Homes,Inc. OWNER: Same as applicant Attn: Dick Hartung 11580 SW 67th Avenue Tigard, OR 97223 LOCATION: 11410 SW Fonner Street;WCTM 2S103AC,Tax Lot 9500 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 18.370.020.13 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. ADJ2016-00115 LHL Homes,Inc. 1 SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the south side of SW Fonner Street, east of SW 115`h Avenue, and west of 113`h Place. The subject property is Parcel 1 of the Bean Partition, a three-lot partition that was approved by the City of Tigard Planning Division in June 2008. The property is currently vacant, and is zoned R-4.5 (Low-Density Residential),as are surrounding properties. 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 request is to reduce the front yard setback from 20 feet to 15 feet (25%), which meets the description of 18.370.020.B.1.a. This request is a development adjustment and is 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 approval to reduce the front yard setback from 20 feet to 15 feet (25%), 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; There are no trees present in the relevant development area. This criterion does not apply. 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 has approximately 111 feet of direct frontage along SW Fonner Street.This criterion is met. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. The applicant requests this development adjustment in order to accommodate a new detached, single-family home of a particular design.As demonstrated above, the applicant's proposal complies with the 25% reduction for front yard setbacks. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect.This criterion is met. ADJ2016-00115 T.M.Homes,Inc. 2 CONCLUSION: This proposal is for a Development Adjustment, 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 NOVEMBER 3, 2016 AND BECOMES EFFECTIVE ON NOVEMBER 4, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSatigard-or.gov. --_—�- November 3.2016 APPROVED BY: Lina Smith Assistant Planner ADJ2016-00115 LHL Homes,Inc. 3 APPLICANT MATERIALS RECEIVED City of Tigard NOV 01 2016 COMMUNITY DEVELOPMENT DEPARTMENT 0-TIGARD Adjustment — Type I Application PLANNING/ENGINES ING PROPOSAL SUMMARY (brief description): rklvmm Case No.(s): _ &C&LA,c d� Related Case No.(s): The owners of record of the subject property request an Adjustment Application Fee: CSO to the Community Development Code (please check one only): Application Ac epted: [Development Adjustment-Front Yard Setback, Interior By: Date: Setbacks and Lot Coverage Date Determined Complete: Special Adjustments: By: Date: ❑ Adjustments to Subdivision standards F-1Reductionof Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density - . requirements 1:\CURPLN\Masters\Land Use Appli"tionsWdjustment—Type I ❑ Adjustments to Access and Egress Standards Rev.02/09/2015 ❑ 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 Sf. . ( �����el O a ELEMENTS Tax Map and Tax Lot#(s): .Z S t 0 3 P-c h I?c;iL r) B' OWler's Signature/Written Site Size: uthorization /Title Transfer Instrument or Deed Applicant:--L}4. L `"� A'S.J4.S.C el ' rT�A3Ct•1tJ� Site/Plot Plan(2 copies) Address: I tSgo s.. 7 Cti 0,-,e Z Site/Plot Plan(reduced 8'/2'x 11") 7-x-3 City/state: Via • C)0, Zip: Pf Applicant's Statement (Addressing Criteria under Section 18370.020) 1) Primary Contact: Lek H-86-1-1 0 b- Filing Fee _ 3S7."-F Phone:<55-3 y r -1 O Email: rl bA*biwa P (61 h ULAd.e-0 ,, Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: �i,7 G 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. Cityof 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 age • 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. SIG TURES of owner of the subject property required. AG C: rr Applicant/Authorized Agent signature Print name Date l.G L Owner's signature Print name Date '0 J.%—, ADJUSTMENT—TYPE I APPLICATION Cityof Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2 T ♦ •'.i••'... 'y �.' iy`-'.•'.r,' +CH`.;„i "^L' q",w 4.• Nd.:: ! 7 .ar. t2 3� _.u '' .,. :. .s �.Y a•a.. :'�i ^" .`"i t z.: ar M $,tAMNA •s r ,lost B e• ,�,R Washington County,Oregon 2015-059431 D-DW NOVO 1 2016 Stn=7 Y LOPEZ 07/1712015 02:34:37 PM 5M00$11.00$5.00 5510.00$20.00 $556.00 I.Richard Hobernicht.Director of Assessment and Taxation and Ex CITY OF TIGARD Officio County Clerk for Washington County,Oregon,do hereby cer ity that the within instrument of writing was received and PLANNING/ENGINEERING recorded in the book of records of said county �* 6�I,♦ THIS SPACE RE Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio After recording return to: LHL Homes, Inc 11580 SW 67th Avenue Portland, OR 97223 Until a change is requested all tax statements shall be sent to the following address: LHL Homes, Inc —]{ 11580 SW 67th Avenue t Portland, OR 97223 File No.: 7000-2315017 (clb) Date: September 08, 2014 rn - STATUTORY WARRANTY DEED QFonner LLC,an Oregon limited liability company, Grantor, conveys and warrants to LHL Homes, C) Inc, Grantee,the following described real property free of liens and encumbrances, except as M specifically set forth herein: LU2 Q LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as t- follows: CD cc PARCEL 1, PARCEL 2, AND PARCEL 3 OF PARTITION PLAT#2014-023 IN THE CITY OF TIGARD,COUNTY OF WASHINGTON, 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. 2. The 2015-2016 Taxes, a lien not yet payable. The true consideration for this conveyance is$510,000.00. (Here comply With requirements of ORS 03.030) Page 1 of 2 i:J �"�i':�a�::t^�r.� .rfl �?: .�"'.._.`°� Ti�'!�tl';:'3�_ +35P.T:�':'..Ji:;;:!'^�:'zLY t1.M:`4L"�7:.t,.�r7V::�i."�'�2^"",.v:�� .�'"�^,7f:��:•. APN:R470564 Statutory Warranty Deed File No.;7000-2315017(clb) -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 .3TO 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 this i J day of 20t Fonner LLC„ an Oregon limited liability company By: Tracy Bea . General Manager STATE OF Oregon ) )ss. County of Multnomah ) This instrument was acknowledged before me pn this 1 ty of- 20 by Tracy Bean as General Manager of Fonner 1.LC o behalf of the limited liabili ompany. OFFICIAL STAMP Notary Public for Oregon WHITNEY TODD WIJNHAUSEN NOTARY PUBLIC-OREGON My commission expires: COMMISSION NO.925995 ✓✓✓ MY COMMISSION EXPIRES MARCH 06,2018 i Page 2 of 2 c 1 I I � • 1 I � I I I cr LL Uj I I LLJ LUUjo I L �z I j Approval for ADJ2016-00115 only. For building permit submittal,street trees and development-required trees shall be added to site plan. a IZ �qo px U S 89 > W � gE 89'42'25- E Y a- Ip AIA 110.52' M m I I - -------- - ---- ------ I a h t I l iLLJ )-S (03 Ac a I I C) R I I I SOO I I Ioi ola Lit s m �IAI i I " �t • "vC I I =I I ,m I I IMI I I I \ a -SCOtLo- - :�..b II ------- --- ---- -- --- r-- - I 1 1 i t 24'-61- {. CITY OF TIGARD I - _J Approved b Planning I N 87 46'00" E_ —'�,�— — -• i L'4j$4001 —._..._ ----- -— 110 Date: 11 3 l I 7 51' 7.51' _ I Initials: LS I i M Cr)NNFR STREET RECEIVED LHL Homes, Inc 11/01/2016 NOV U 1 2016 Applicants Statement—Adjust front setback, 11410 SW Fonner St., Tigard, OR CITY OF TIGARD PLANNING/ENGINEERING Criteria—Code Section 18.370.020 A—The home site satisfies all other setback requirements and the reduction of the front setback from 20 feet to 15 feet is the least required to accommodate the home. B—The adjustment has no impact on the preservation of trees. Preserved trees are outside the footprint of the home. C— Emergency access to the home/site is not impeded by the adjustment. D—Applicant desires to place a single level home on this lot, consistent with the homes already built on lots 2 and 3. Numerous designs/layouts have been attempted on this lot to accommodate a single level home. Because the lot is shallow, no other designs have been found to conform to the existing setbacks without some relief to the front setback. 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in subsection C of this section. 18.370.020 Adjustments A. Purpose. 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 subsection C of this section. 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. 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. C. Special adjustments. 1. Adjustments to development standards within subdivisions (Chapter 18.430). The director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may approved, approved with conditions,or denied provided the director fmds: Variances and Adjustments 18.370-2 AP Update:2114