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ADJ2016-00118 NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2016-00118 p CORBIN ESTATES 120 DAYS = March 30,2017 SECTION I. APPLICATION SUMMARY FILE NAME: Corbin Estates CASE NO.: Development Adjustment(ADJ) ADJ2016-00118 PROPOSAL: The applicant requests one development adjustment to reduce the street side yard setback requirement from 15 feet to 12 feet (201/6). The subject property is Lot 7 of the approved Corbin Estates Subdivision (SUB2014-00009). APPLICANT: J.T. Roth Construction,Inc. OWNER. Same as applicant 12600 SW 72 Avenue Suite 200 Tigard, OR 97223 LOCATION: 15045 SW Corbin Street;WCTM 2S112CB,Tax Lot 19000 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. ADJ2016-00118 Corbin Estates 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject lot has direct frontage along three public streets: SW 81" Avenue on the west side, SW Corbin Street on the east side, and SW Barnum Street on the south side. The property is Lot 7 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 street side yard setback from 15 feet to 12 feet (200/6),which meets the description of 18.370.020.B.1.b. 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 street side yard setback from 15 feet to 12 feet (200/6), 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 direct frontage along three public streets: SW 81"Avenue on the west side, SW Corbin Street on the east side, and SW Barnum Street on the south side. 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 20% reduction for street side yard setbacks. There is not a reasonable alternative to the ADJ2016-00118 Corbin Estates 2 proposed adjustment which achieves the desired effect. This criterion is met 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 DECEMBER 5, 2016 AND BECOMES EFFECTIVE ON DECEMBER 6, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSatigard-or.gov. December 5.2016 APPROVED BY: Lina Smith Assistant Planner ADJ2016-00118 Corbin Estates 3 APPLICANT MATERIALS City of Tigard RECEIVED g COMMUNITY DEVELOPMENT DEPARTMENT NOV 30 2016 Adjustment — Type I Application CITY OFTIGARD Pl ANNINQ/FNAINFFRIW PROPOSAL SUMMARY(brief description): Adjustment off FOR STAFF USE ONLY — jq��-r-� Yard setbacks to allow construction of new single �►�y� Case No.(s): family residence Related Case No.(s): _ The owners of record of the subject property request an Adjustment Application Fee: 3 to the Community Development Code(please check one only): Application Accepted: Development Adjustment–Front Yard Setback,Interior By: Date: �C} Setbacks and Lot Coverage Date Determined Complete: Special Adjustments: By: Z-2 Date: N ('57 ❑ Adjustments to Subdivision standards ElReduction of Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density requirements I:\CURPLN\Masters\Land Use Apphw ions\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 15045 SW 4et—� C'-erbl;2 3+-a� ELEMENTS Tax Map and Tax Lot#(s): Corbin Estates lot 7 0/owner's Signature/Written Site Size: 9,071 sq. ft. uthonzation /,FO'tle Transfer Instrument or Deed Applicant: J.T. Roth Construction Inc. pp to/Plot Plan(2 copies) Address: 12600 SW 72nd Ave. a/Plot Plan(reduced 81/2"x 11") City/state: Tigard, OR Zip: 97223 VA licant's Statement David Jensen /Filing ddressing Criteria under Section 18370.020) Primary Contact: david Fee tr Phone: (503)806-0602 Email: j@j othinc.com Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: J.T. Roth Construction Inc. Address: 12600 SW 72nd Ave. 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 5W Hall Blvd. • Tigard,Oregon 97223 • www..tigard-or.gov • 503-718-2421 • Page I of 2 I 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 owne of the subject property required. David Jensen 11/18/2016 Applicant/Authorize gent signature Print name Date _ Tim Roth 11/18/2016 Owner's s' afore Print name Date 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 S5.00$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 certity 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. •O 12600 SW 72nd Avenue, Suite 200 Q Tigard, OR 97223 OA.. Escrow No: 20130086384-FTPOR08 SPACE ABOVE THIS LINE FOR RECORDER'S USE 1 �- STATUTORY WARRANTY DEED �o 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 4 except as specifically set forth below, situated in the County of Washington, State of Oregon: 4 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 0 matters now of record. O N BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE A5 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 OTO 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 ii 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 NEIG�BORING 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, 20152L, Ga C in _ Terrie L. Corbin State of Oregon County of Clackamas Thi i frum nt was acknowledged before me on June , , 2015 by Gary S. Corbin and Terrie L. orbin. �yz OFFICU>L SEAL SAMOOLD otary Public-State of Oregon NOTARY JPUBLIEL LCOREGON My commission expires:2_ -7COMMISSION NO.474801 #my COMMISSIONWIRES FEBRUARY 21,2017 CITY, TIGARD RECEIVED Approvedby PI nning NOV 30 2016 date: Q s CITY OF TIGARD Initials: LS PLANNING/ENGINEERING Approval for ADJ2016-00118 only. For building permit submittal, street trees shall be added to site plan. 148.00' N 89.46'55" E C7 ------------------------- L=13.43' I ------•- j _ Q-------- �� [r W � � GONG. o. ( DRIVEWAY i------ '•• '•may cn !ZI ______,__ 11, _____________ L=28.71' �.- �� � •2 j" CB ----- — — — — ---- -- L —�----------------------------8 '� L=25.23' 110.41' N 69'26'10" W S.W. BARNUM STREET LOT #7 CORBIN ESTATES SCALE. 118"=l'-O" RECEIVED David Jensen NOV 30 2016 J.T. Roth Construction Inc. CITY OF TIGARD 12600 SW 72nd Ave Tigard, OR 97223 PLANNING/ENGINEERING November 28, 2016 Re Type I Development adjustment for Corbin Estates lot 7 To Planning Department City of Tigard: Pursuant to 18.370.020.6 we are requesting a front/side yard setback adjustment to Corbin Estates lot 7. The purpose of this adjustment is to allow construction of a single family residence on a shallow lot bordered on three sides by public roadways. This setback adjustment will not impede emergency access to the house nor will it shorten the driveway from the 20' standard. Reconfiguring 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. Thank you for your consideration of our request and its' speedy processing. David Jensen Project M er J.T. Roth Construction Inc.