ADJ2016-00112 NOTICE OF TYPE I DECISION
DEVELOPMENT ADJUSTMENT ADJ2016-00112
CORBIN ESTATES
120 DAYS = November 25,2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Corbin Estates
CASE NO.: Development Adjustment(ADJ) ADJ2016-00112
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 Lot 1
of the approved Corbin Estates Subdivision (SUB2014-00009).
APPLICANT: J.T. Roth Construction, Inc. OWNER: Same as applicant
12600 SW 72nd Avenue
Suite 200
Tigard,OR 97223
LOCATION: 15110 SW 81"Avenue;WCTM 2S112CB,Tax Lot 18400
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.
AD)2016-00112 Corbin Lstates 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is located on the east side of SW 8151 Avenue, and is Lot 1 of the Corbin Estates
Subdivision (SUB2014-00009), which was approved by the City of Tigard Planning Division in March
2015. This approval was for a 10-lot subdivision, located north of SW Durham Road, south of SW
Bonita Road, and east of SW Hall Boulevard. The site is zoned R-4.5 (Low-Density Residential), as are
adjacent 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 (250/6), 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
82 feet of direct frontage along SW 8151 Avenue.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.
ADJ2016-00112 Corbin Estates 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 AUGUST 4, 2016
AND BECOMES EFFECTIVE ON AUGUST 5, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(&tigard-or.gov.
---�- August 4,2016
APPROVED BY: Lina Smith
Assistant Planner
ADJ2016-00112 Corbin Estates 3
APPLICANT
MATERIALS
City of Tigard RECEIVED
" COMMUNITY DEVELOPMENT DEPARTMENT JUL 2 7 2016
Adjustment — Type I Application CITY OF TIGARD
PROPOSAL SUMMARY(brief description):
Front lot setback for Lot 1, Corbin EstatesA N 101110 -O0/f 2
Case No.(s):
Related Case No.(s): &t 3 20 t9 -0W0 q
The owners of record of the subject property request an Adjustment Application Fee4 3 5-7
to the Community Development Code (please check one only):
Application Accepted:
[3 Development Adjustment-Front Yard Setback, Interior By:� Date: -71 2� ('
Setbacks and Lot Coverage
Date Determined Complete:
Special Adjustments: By: Lig Date:
❑ Adjustments to Subdivision standards
F1 Reduction of Minimum Residential Density Comp.Plan/Zone esignation:
El Square Regional Center Dimensional and Density `q. g
requirements I:\CURPU4\Masters\land Use Appliwtlons\Adjustment—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
15110 SW 81st Avenue ELEMENTS
Tax Map and Tax Lot#(s): 2 S 112 CB-18 4 0 0 [� Owner's Signature/Written
Site Size: 7291 SQ FT / Authorization
Tide Transfer Instrument or Deed
Applicant: J.T. Roth Construction. Inc. Site/Plot Plan(2 copies)
Address: 12600 SW 72nd #200 Site/Plot Plan(reduced 8'/2'x 11")
City/state: Tigard, OR Zip: 97223 Applicant's Statement
(Addressing Criteria under Section 18.170.1 121 I)
Primary Contact: Tim Roth m Filing Fee
Phone: 503 . 639-2639Eniail: timr@jtrothinc.com I /
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Name: J.T. Roth Construction, Inc.
Address: 12600 SW 72nd #200
City/state: Tigard, OR Zip: 97223
*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 0 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.
Applicant/Authorized Agent signature Print name Date
Ow s s tore Print name Date
. W"I
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 2015-049770
D-DW
Stn=7 Y LOPEZ 06/24/2015 11:15:29 AM
$10.00$11.00$5.00$510.00$20.00 $556.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
RECORDING REQUESTED BY: recorded In the book of records of said county.
Fidelity National Title Company of Oregon Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
GRANTOR:
Gary S. Corbin and Terrie L. Corbin
GRANTEE:
J.T. Roth Construction, Inc.
12600 SW 72nd Avenue, Suite 200
Tigard, OR 97223
SEND TAX STATEMENTS TO:
J.T. Roth Construction, Inc.
12600 SW 72nd Avenue, Suite 200
Tigard, OR 97223
AFTER RECORDING RETURN TO:
J.T. Roth Construction, Inc.
DO 12600 SW 72nd Avenue, Suite 200
Q Tigard, OR 97223
d. Escrow No: 20130086384-FTPOR08
SPACE ABOVE THIS LINE FOR RECORDER'S USE
1
STATUTORY WARRANTY DEED
00
M Gary S. Corbin and Terrie L. Corbin, Grantor, conveys and warrants to J.T. Roth Construction, Inc., an
Oregon corporation, Grantee, the following described real property, free and clear of encumbrances
1�0
4 except as specifically set forth below, situated in the County of Washington, State of Oregon:
Q Parcel 1, PARTITION PLAT NO. 2015-004, according to the official plat thereof, recorded January
M 29, 2015 as Fee No. 2015006216, in the City of Tigard, County of Washington and State of
Oregon.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $510,000.00. (See
c ORS 93.030)
O
Subject to and excepting: Taxes, covenants, conditions, restrictions, easements, rights of way, and
O matters now of record.
O
O 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
c TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON
0 LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
Z INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
z, 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
X 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.
STATUTORY WARRANTY DEED
DATED: June 17, 2015
Gc--ar�r�3�C in
Terrie L. Corbin
State of Oregon
County of Clackamas
Thi . f um nt was acknowledged before me on June�, 2015 by Gary S. Corbin and Terrie L.
orbin.
„� O _. OFFICIAL SEAL
SAMUEL L GOOLD
otary Public- State of Oregon NOTARY PUBLIC-OREGON
My commission expires:,2— .2 f^ 9z, 7 #my
COMMISSION NO.474801
COMMISSION EXPIRES FEBRUARY 21,2017
1i n-4- 7T R-v� 5110 S s� 6,
50 5 . co 39 .'Z& 3q
RECEIVED
JUL 27 2016 CITY OF TIGARD
CITY OF TIGARD Approved by Flapning
PLANNING/ENGINEERING Date:
Initials:
5'UTILITY EASEMENT
PER PARTITION PLAT
NO. 2015-004
S 0°_07'17' E
5'UTILITY EASEMENT
PORCH SLAB I = PER PARTITION PLAT
° EL:209.5' 7'-0.
NO. 2015-004
m
PO ICH o9– ----
EL.=
I h I
I I
I I I
w I MAIN FLOOR
h
o N I EL.=210.0' I N
0
;lo Io
a (D
Q
� m
I
Z
I I I
GA AG\ I I
\ j EL.= 09.0' 1 j �♦
\\%
41 I- --- --
- VISION CLEARANCE
L -- EASEMENT PER PARTITION
----- – -�
7' 9Z• -— -- 0 4' CONC. �' PLAT 2015-004
I I DRIVEWAY 7-0 N
___ 13500 P.S.I.)�,�
- - - - - - - - - - - - - S-X.X-, - - - - -
81.55'
GRAVEL
+-CONST.-►
8' ENTRANCE
P.U.E.
S.W. 81ST AVENUE
-X-X-X-X- SILT FENCE
PROPOSED SNEET TRE
27 JUN 2016 MRR
21 JUL 2016 MRR SCALE 1 " 20 0 "
ALAN 4ASCORD DESIGN CY OF THE
WC.4S NOT CITY OF TIGARD
LIABLE FOR THE ACCURACY OF TME TOPOGRAPHY CORBIN ESTATES
NFORYATIOR IT IS THE SOLE RESPON$IBIUTY OF THE
BUILDER TO VERIFY ALL SITE CONDITIONS,NKIUDWG LOT 1
ANY FILL PLACED ON THE SITE AND NOTIFY THE 1144B OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS.
,�III�W=pFSM A0001ATW ga BY: J.T. ROTH CONST
'°" ( 7,291 SQ. FT.)
.ol'�x MS All, -O.a]
David Jensen
J.T. Roth Construction Inc.
12600 SW 72nd Ave Tigard, OR 97223
July 25, 2016
Re Type I Development adjustment for Corbin Estates lot 1
To Planning Department City of Tigard:
Pursuant to 18.370.020.6 we are requesting a front yard setback adjustment to Corbin Estates lot 1. The
purpose of this adjustment is to allow construction of a one level single family residence on a shallow
lot. Most of the homes in this subdivision will be multi-story homes. Construction of this home style
will enhance the diversity of housing opportunities in this area. This home design was custom designed
for a family with mobility needs that require such a one level design. This setback adjustment will not
impede emergency access to the house nor will it shorten the driveway from the 20' standard.
Redesigning the house plan will result in a loss of opportunity for the homeowners. Granting this
adjustment request is the least invasive means to provide the needed housing.
The development code allows for a 25% reduction in the front yard setback. Applying this reduction to
the standard 20' front yard dimension will result in a 5' reduction for the applicable areas to 15'.
Thank you for your consideration of our request and its' speedy processing.
David J sen
Project Manager
J.T. Roth Construction Inc.