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ADJ2018-00019 ADJ2018 00019 ANNAND HEIGHTS NOTICE OF TYPE I DECISION DEVELOPMENT ADJUSTMENT ADJ2018-00019 ANNAND HEIGHTS 120 DAYS = April 10, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: Annand Heights CASE NO.: Development Adjustment(ADJ) ADJ2018-00019 PROPOSAL: The applicant requests one development adjustment to reduce the rear yard setback requirement from 15 feet to 12 feet (20 percent).The subject property is Lot 10 of the approved Annand Heights Planned Development (Case Nos.PDR2015-00008, SUB2015-00013,SLR2015-00008,and ADJ2015-00002). APPLICANT: Windwood Construction, Inc. Attn: Dale Richards 12655 SW North Dakota Street Tigard, OR 97223 OWNER: Same as applicant LOCATION: 10979 SW Annand Hill Court;WCTM 2S110AD,Tax Lot 10800 ZONING DESIGNATION: R-12 (PD): Medium-Density Residential Zone. The R-12 zone is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet.A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.790.030.A 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 IS VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ADJ2018-00019 Annand Heights 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is Lot 10 of the approved Annand Heights Planned Development (Case Nos. PDR2015-00008, SUB2015-00013, SLR2015-00008, and ADJ2015-00002), which was approved by the City of Tigard Planning Commission in November 2015.This approval was for a 30-lot Subdivision with Planned Development, and also included a Sensitive Lands Review for steep slopes (25 percent or greater),and an adjustment to allow a cul-de-sac in excess of 200 feet, serving more than 20 lots.The site is zoned Medium-Density Residential (R-12). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.790 Variance and Adjustments 18.790.030 Adjustments A. Development adjustments. 1. The following development adjustments shall be processed through a Type I procedure, as provided in Section 18.710.050, using criteria in paragraph 2 of this subsection A: a. Front yard setbacks. Up to a 25 percent reduction of the dimensional standards for the front yard setback required in the applicable base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20 percent reduction of the dimensional standards for the side and rear yard setbacks required in the applicable base zone. c. Lot coverage. Up to 5 percent increase of the maximum lot coverage required in the applicable base zone. The request is to reduce the rear yard setback from 15 feet to 12 feet (20 percent), which meets the description of TDC 18.790.030.A.1.b. This request is a development adjustment and is being processed through a Type I procedure. 2. The approval authority shall approve or approve with conditions a development adjustment when all of the following are met: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant requests approval to reduce the rear yard setback from 15 feet to 12 feet (20 percent), in order to accommodate a deck of a particular design,which will be attached to the rear facade of a single- family home. 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 more than 100 feet of frontage on SW Annand Hill Court. This criterion is met. ADJ2018-00019 Annand Heights 2 d. There is not a reasonable alternative to the adjustment that achieves the desired effect. The applicant requests this development adjustment in order to accommodate a deck of a particular design, which will be attached to the rear fagade of a single-family home. As demonstrated above, the applicant's proposal complies with the 20 percent reduction for rear 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 Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: A Development Adjustment is a Type I procedure.As such, the Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON DECEMBER 13, 2018, AND BECOMES EFFECTIVE ON DECEMBER 14, 2018. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS e,tigard-or.gov. ----r._� December 13, 2018 APPROVED BY: Lina Smith Assistant Planner ADJ2018-00019 Annand Heights 3 APPLICANT MATERIALS RECEIVED City of Tigard DEC 10 2018 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGNID Adjustment — Type I Application PLAN NING/ENGINwEPING PROPOSAL SUMMARY(brief description): Gt/` REQUIRED SUBMITTAL 4-Z�&41C 4,�Y4W.4 ELEMENTS V/ Application Elements Submitted: The owners of record of the subject property request an AdjustmentOwner's Signature/Written to the Community Development Code(please check one only): Authorization Development Adjustment—Front Yard Setback,Interior � Title Transfer Instrument or Deed Setbacks and Lot Coverage Plan / (reduced Plan(2 copies) Special Adjustments: gite/Plot8z ' "x 11" ) Applicant's Statement ❑ Adjustments to Subdivision standards (Addressing Criteria under Section 18.790.030) ❑ Reduction of Minimum Residential Density Filing Fee ❑ Washington Square Regional Center Density requirements ❑ Adjustments to Access and Egress Standards ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities Case No.(s): DUt� ❑ Adjustments to Improvement Requirements Related Case No.(s): ❑ Adjustments to Downtown Connectivity Standards Application Fee: Property Address/Location(s): Application Accepted: / B}': A-LDate: N +� � Gi Date Determined Complete: Tax Map and Tax Lot#(s): 1412 By: Date: 41 Site Size: , 'J / 1:\CommurityDevelopment\LandUse Applications\02_Formsand Templates\Land Use Applicatiuns Ret•.12/14/2017 Applicant: 1 f/l c�-�,l"O ,/ e/K4 5_ ... n L. Address: ea G 5= -of Z-AA '0k' Cl state: "' Zl : ''" �`when the owner and the applicant are ty� G Z'+L s p different people,the applicant must be the Prima Contact: �-- purchaser of record or a lessee in Primary possession with written authorization from the owner or an agent of the owner.The Phone: G f/U`�/ S Email: ""' owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this Property Owner/Deed Holder(s)*: (Attach list if more than one) application. Name: Address: City/state: Zip: City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-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 APPLICANT(S) 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 ate Owner's signature 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 t11=UE1VE DEC 10 2018 CITY OF TICAF3D - �lCa Washington County,Oregon 2018-027853 RECORDING REQUESTED BY: D-DBS 04/23/2018 09:53:30 AM Sin=2 S AKINS Lawyers Title 510.00 S11.00$5.00 520.00 $46.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex- 6000 Meadows Rd,Ste 100 Officio County Clerk for Washington County,Oregon,do hereby Lake Oswego,OR 97035 certify that the within instrument of writing was received and g recorded in the book of records of said county. AFTER RECORDING RETURN TO: Richard Hobernicht,Director of Windwood Construction, Inc., an Oregon corporation Assessment and Taxation,Ex-Officio 12655 SW North Dakota St. Tigard, OR 97223 SEND TAX STATEMENTS TO; Windwood Construction, Inc. 12655 SW North Dakota St. Tigard, OR 97223 R0489732 and R0491131 10979 SW Annand Hill Court,Tigard, OR 97224 SPACE ABOVE THIS LINE FOR RECORDER'S USE BARGAIN AND SALE DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) Annand Hill LLC, an Oregon limited liability company, Grantor, conveys to Windwood Construction, Inc.,an co Oregon corporation, Grantee, the following described real property, situated in the County of Washington, State � of Oregon, 0 Lots 10, ANNAND HEIGHTS, in the City of Tigard, County of Washington and State of Oregon, according to rl- 00 the official plat recorded August 4, 2017, Recorder's No. 2017-062115, Records of Washington County, Oregon. i-= N The true consideration for this conveyance$0.00 tv 3 (See ORS 93.030). cz —' 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 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. Deed(Bargain and Sale-Statutory Form) Panted: 04.06.18 @ 01:01 PM by VG ORD1281.doc/upaated- 05.01.17 Page 1 OR-LT-FXEB-01060.474578.871703233 Non-Order Search Page 1 of 2 Requested By:ssteele,Printed:12/10/2018 8:44 AM Doc:ORWASH:2018 00027853 BARGAIN AND SALE DEED - STATUTORY FORM (continued) IN WITNESS WHEREOF, theundersignedhave executed this document on the date(s)set forth below. `T Dated: 20�) 4 Annand Hili LLC, an Oregon limited liablity company BY: t f=� ale Richards Member State ofCA". � m County of 4 This instrument was acknowledged before me on b 9 Y a Ac V1 a ficu as K���-� ��.Y of i�n L� �_L L . \Ill Jv, A V Notary Public-State of Oregon M Commission Expires: I l OFFICIAL STAMP My P L VICKI ANN GILLESPIE 0 NOTARY PUBLIC-OREGON COMMISSION NO,956080 UIY CO AIS5ION EXPIRES NOVE!ViBER 06,2020 Deed(Bargain and Sale-Statutory Form) Printed: 04.06.18 @ 01:01 PM by VG ORD1281.doc/Updated: 05.01.17 Page 2 OR-LT-FXEB-01060.474578-871703233 Non-Order Search Page 2 of 2 Requested By:ssteele,Printed:12/10/2018 8:44 AM Doc:ORWASH:2018 00027853 O LU C11-y 0i­ -1-IGARD. 0 P P nning 001!/ Q 0,ia t e a I < initials, __ STREET TREES.TW w 2& 3• w OG CITY APPROVED CUPS CUT z SIGNS.TYP STORM DRAIN TO CONNECT YAM 45. 10. z C�f 0! DECK 376' < U0AM O =i PlF PROPOSES RESIDENCE SPRUCE FFf=3W 64 0 <1 00 STW <I GARAGE L.L_j > 0 SANTARY SEWER(BLADER (Dow --382' 0 TO VERIFY LOCATION) (N 'Z 0 — 0 LLJ I z < 1.31' U WATER SERVICE ;01 Street trees will be verified at time of building %X11.rj permit submittal LEGAL DESCRIPTION LOT 10—ANNAND HEIGHTS ®COPYRIGHT 19% SIN ANNAND HILL COURT _/_L_JF_1TCL TIGARD,OREGON F11 Aw LOT AREA: 3.874 SQ FT IMPERVIOUS AREA DRIVEWAY 533 SQ.FT 16W BOOP*S F(My ROAD COVERED ENTRY 83 SQ.FT SITE 201 CONC.WALK 38 SQ.FT LAA 06WEGO.OR 97035 DECK 59 SQ.FT 42816 AL ____ M_Tr PLAN W. TOT 713 swo ftOT FILM CESCRP- SUNTEL HOME OESIGR INC IS NOT BUILDING COVERAGE .be LIABLE FOR THE ACCURACY OF THE BUILDING FOOTPRINT 1.240 SQ,FT NAM af"%XE TOPOGRAPHY t*Or*AATK)N IT IS (NOT INCL",JG OVERHANGS) DAM anon KKA THE SOLE PESPONSIBUTY OF THE QEV'W BUILDER TO VERIFY ALL SITE TOTAL LOT COVERAGE = 50% CONDITIONS,INCLUDING ANY FILL SffT W. PLACED ON THE WE AND INFORM OWNERS OF ANY POTENTIAL FIELD A NORTHWEST DESIGN MODIFICATIONS Approved minimum setbacks: 0 Interior Side: 3 feet • Front: 15 feet e Street Side: 8 feet • Porch (Front): 12 feet • Rear: 12 feet • Garage: 20 feet Approved minimum setbacks: • Front: 15 feet • Porch (Front): 12 feet Z • Garage: 20 feet U • Interior Side: 3 feet • Street Side: 8 feet W • Rear: 12 feet U Q I— Street trees will be verified at time of building Cf) permit submittal Z 0 STREET TREES,TYP �J 14' 28' 3' SIGNS,TYP STORM DRAIN TO CONNECT WITH r , �'� 45,00' CITY APPROVED CURB CUT ` i --�•_._. ._._._._._._._._ _ _ 1 i—I -- - - -L-(DT 10 _ <C -1 �, --- - ;- -�- ry + 40 w-_ I OF SETBACI( _ I O ' ILDNG T--376' N U! ` • ---� ,------- i OUTLINE °�" 8 • i PUE i PROPOSED"----'---,, r— [] RESIDENCE i 378' Z. SPRUCE i U QI - - ---8,---1- N i cYI) z I - ORNE ' Ln I z �� i STBK i i 4 - 3 I I GARAGE T ci I i i T.O.SLAB-38Z I W Iv- 11 1�1---- -------- ' I SANITARY SEWER(BUILDERs _ cove?m ------------ 382 Z TO VERIFY LOCATION) ENTRY CONC ! \ �\� i RIVE i 384' co 0 6y \ (J-) WATER SERVICE z � 2 � Zte1w cc tx rZZJ ,7,F1 ` ��1y aG4G40�eS I'n ��F� �� LEGAL DESCRIPTION LOT 10 - ANNAND HEIGHTS ©COPYRIGHT 1996 SW ANNAND HILL COURT -,/-�Uf�T�L_ TIGARD, OREGON RECEIVE �. E:)f-=—/I(:n ri DEC 10 2018 CITY OF 7:",.f!,F'T) CITY OF TI A U PLANNINGIEIN�_J;, Approved a/ Manning Date: - A2 LOT AREA: 3,874 SQ FT initials: �-� IMPERVIOUS AREA DRIVEWAY 533 SQ.FT 16865 BOONES FERRY ROAD COVERED ENTRY 83 SQ.FT SUITE 201 CONC.WALK 38 SQ.FT LAKE OSWEGO,OR 97035 DECK 59 SQ.FT PLAN W, 42816 TOTAL 713 SQ_77 SHEET SUNTEL HOME DESIGN,INC.IS NOT BUILDING COVERAGE Dcxs PLOT PLAN LIABLE FOR THE ACCURACY OF THE BUILDING FOOTPRINT 1,240 SQ.FT �;SPRiJCE TOPOGRAPHY INFORMATION. IT IS (NOT INCLUDING OVERHANGS) DATE 8/2011 KKA THE SOLE RESPONSIBILITY OF THE BUILDER TO VERIFY ALL SITE TOTAL LOT COVERAGE = 50% REV.WINDWOOD CONDITIONS,INCLUDING ANY FILL SHIT rpt. PLACED ON THE SITE,AND INFORM OWNERS OF ANY POTENTIAL FIELD A NORTHWEST DESIGN MODIFICATIONS. R E C E V r:_,"D 12/10/2018 DEC 10 2018 CITY OFr WINDWOOD CONSTRUCTION INC. PLANNING/tCI;`�st 12655 SW NORTH DAKOTA STREET TIGARD OREGON 97223 CCB 50196 LOT 10 ANNAND HEIGHTS 10979 SW ANNAND HILL COURT SETBACK ADJUSTMENT LOT10 ANNAND HEIGHTS IS A HOME FOR THE SUB—DIVISION WINDWOOD IS REQUESTION A SET BACK ADJUSTMENT TO ONE REAR YARD. WE ARE REQUESTING REAR YARD ADJUSTMENTS RELATED TO 18.370.020. WE ARE REQUESTING A SETBACK ON THE WEST REAR YARD . THE WEST SETBACK WILL BE REDUCED 20% FROM 15 FEET TO 12 FEET. THIS ADJUSTMENT WILL MAKE OUR DECK FIT ON THE LOT AND WILL HELP ACHIEVE A BETTER SITE LAYOUT, AND DECK SPACE. WE ONLY NEED 2 FEET ADJUSTMENT TO ACHIEVE OUR DECK LAYOUT. ACTUALLY LESS THAN THE THREE FEET ALLOWED. 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 W, UOD CONSTRUCTION INC.