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ADJ2017-00010 NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2017-00010 p CORBIN ESTATES 120 DAYS = March 30,2017 SECTION I. APPLICATION SUMMARY FILE NAME: Corbin Estates CASE NO.: Development Adjustment (ADJ) ADJ2017-00010 PROPOSAL: The applicant requests one development adjustment to reduce the street side yard setback requirement from 15 feet to 12 feet (20%). The subject property is Lot 6 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: 8082 SW Barnum Street;WCTM 2S112CB,Tax Lot 18900 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. ADJ2017-00010 Corbin Estates 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is a corner lot located on the south side of SW Barnum Street, and the east side of SW 81't Avenue. The property is Lot 6 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 (20%),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 (20%), in order to accommodate a new detached, single-family home of a particular design. Staff has evaluated the applicant's submitted site plan 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 two public streets: SW Barnum Street on the north side, and SW 81" Avenue on the west side. This criterion is met. ADJ2017-00010 Corbin Estates 2 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 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 Tide. 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 MAY 17, 2017 AND BECOMES EFFECTIVE ON MAY 18, 2017 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS a&tigard-or.gov. —� May 17,2017 APPROVED BY: Lina Smith Assistant Planner ADJ2017-00010 Corbin Estatcs 3 APPLICANT MATERIALS City of Tigard RECEIVED COMMUNITY DEVELOPMENT DEPARTMENT MAY 11 2017 Adjustment — Type I Application CITY OFTIGARD TIGARD P1 ANNING/ENGINEERING PROPOSAL SUMMARY (brief description): Case No.(s): L Related Case No.(s): The owners of record of the subject property request an Adjustment Application Fee: to the Community Development Code (please check one only): Application Accepted: I Development Adjustment-Front Yard Setback, Interior By: LC Date: Setbacks and Lot Coverage + 35 -1 Date Determined Complete: Special Adjustments: By: Date: 6h-4- El Adjustments to Subdivision standards El Reduction of Minimum Residential Density Comp.Plan/Zone Designation: 1 Washington Square Regional Center Dimensional and Density requirements 1:\CURPLN\Masters\land Use Appllntfons\Adjunment-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 Proverty Address/Location(s): II REQUIRED SUBMITTAL O (j Z �w G'Ja-►rro��... S? ELEMENTS Tax Map and Tax Lot#(s): Owner's Signature/Written Site Size: ( Authorization 11 Title Transfer Instrument or Deed Applicant: In �� 1Vt r cam► 7 oln Site/Plot Plan(2 copies) Address: S v.e ��'' Site/Plot Plan(reduced 8/2"x 11") City/state: tt 6� Zip: 9� -2 3 Applicant's Statement III (Addressing Criteria under Section I83711.1120) Primary Contact: uS 11-1.- Filing Fee Phone:&3') 114�D Email: (i'I C' [_i ti- Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: sx-� 0-3 a ev(I C_o✓`f T 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 I 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 proper . • 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. SIGNA RES of each o er the subject property required. Applic nt/Authorized Agent signature Print name Date -zla Owner signature Print name Date ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwdgard-or.gov 503-718-2421 • Page 2 of 2 Washington County,Oregon 2015-049770 D-0w Stn=7 Y LOPEZ 06/24/2015 11:15:29 AM S10 00$11.00$5.00$510.00 x20.00 $556.00 I,Richard Hobernlcht,Director of Assessment and Taxation and Ex. Of im County Clerk for Washington County.Oregon,do hereby certify,that the within instrument of writing was received and RECORDING REQUESTED BY: recorded to the book of records of said county Fidelity National Title Company of Oregon Richard Hobemicht,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. b 12600 SW 72nd Avenue, Suite 200 �1 Tigard, OR 97223 A 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 O except as specifically set forth below, situated in the County of Washington, State of Oregon, Parcel 1, PARTITION PLAT NO. 2015-004,according to the official plat thereof, recorded January ('7 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 ORS 93.030) Subject to and excepting: Taxes, covenants, conditions, restrictions, easements, rights of way, and o matters now of record. 15 p� 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 oTO 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 Z INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE z PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING 'a DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY 1Z 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 17,2015 Ga C in _ Terrie L. Corbin State of Oregon County of Clackamas Th' - frim nt was acknowledged before me on June , 2015 by Gary S. Corbin and Terrie L. orbin. OFFlGAL SEAL otary Public-State of Oregon Np�u NX"RECON My commission expires �_ �_�� C0MMts81DN N0.474801 111f CUIYSSIONEttPitES FEBRUARY 21,1017 B682- NOTES: APPROVAL FOR ADJ2017-00010 ONLY. FOR S. W.BARNUM STREET SUBCONTRACTOR TO BUILDING PERMIT SUBMITTAL, PLANS SHALL BE SPECIFY EXACT DRAWN TO SCALE AND INCLUDE STREET TREES. LOCATIONS OF UTILITY STUBS MARK STEWART HOME DESIGN CITY OF TIGARD Approved by Planning C4 \ Date: S' �' —.. A=26. 70' N 8926'10 TV Initials: �-S 22582 sW ITE 09 58.81 ' S�a 'OR 9>40 200.15 tr wwwmarkstawartzom n , DRIVEWAY STS �----- - ------------ - - 4i 1 i - -- % 1 / t ------------------- %I k Ijj 1 ' I i fh CABLE CC ^� Ca.B. 22 2S Flt C i lel %;, I I 1 I ; I i I WaACK I 1 Stock Home Plane 1 Custom Design • 0- ' FF. m 2030 I Builder Marketing Intortor Qesign • N I ' j •■ I w Sine 1982 W _I w ko F- Q I lz� r...pw.r u..d..iy■w..w � Yom.■. � N' I � � hllportant DrsaloNr. w � CQ In I A I ® 1 uw.NO marur■.r n rWl 0 1 I uuns bnew ur.■W vlwr.■.■ilrn 1 ■.■ .ne n r. ■■ my r..rw.,wr vrWrn a n. 203.1 N 8948'02 E 202.5 arufnr w pawaay a w ■wr■aa u■.■ree ON- 7575.83 f a..w•r.s I..K m wy .w. .83 .d.M.uu.dwa.y.. ■.,e w.wv �re.u..Owl/el■Illfa ■.tl•.pV.u My md■>My bwld.ip .na CLOM AUSTIN ROTH LOT #6 �,,,•COR oO"B S CORBIN ESTA TES '°°` Y 20" SITE 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. PWose. 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. pproval criteria. A development adjustment shall be granted if there is a demonstration of ompliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; ).ZS b. The adjustment will result in the preservation of trees, if trees are present in the development area; �)-1 �vz-0-s ei 5, c. The adjustment will not impede adequate emergency access to the site; �v d. There is not a reasonable alternative to the adjustment which achieves the desired effect. N6 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 he approved, approved with conditions, or denied provided the director finds: Variances and Adjustments 18.370-2 AP Update:2114