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HOP2020-00026 APPROVED H0P2020 - 00026 SANCTUARY IN THE CITY COUNSELING NOTICE OF TYPE II DECISION II HOME OCCUPATION PERMIT HOP2020-00026 i _ SANCTUARY IN THE CITY COUNSELING TIGARD 120 DAYS = October 14, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: SANCTUARY IN THE CITY COUNSELING CASE NO.: Home Occupation Permit HOP2020-00026 REQUEST: The applicant requests a Type II Home Occupation Permit to provide individual counseling services from an existing home at 9630 SW Omara Street. The applicant proposes to see a maximum of six (6) daily clients.The applicant will not have any employees. APPLICANT: Sanctuary in the City Counseling Attn: Kim McDill 9630 SW Omara Street Tigard, OR 97223 OWNERS: Steven" and Kimberly C. McDill 9630 SW Omara Street Tigard, OR 97223 ZONE: R-4.5: Low-Density Residential LOCATION 9630 SW Omara Street WCTM 2S102CD,Tax Lot 2001 APPLICABLE Community Development Code 18.760. REVIEW CRITERIA: 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 these decisions are based are noted in Section V of this decision. NOTICE OF DECISION PAGE 1 OF 6 HOP2020-00026 SANCTUARY IN THE CITY COUNSELING SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The 0.59-acre site is located at 9630 SW Omara Street, at the southeast intersection of SW Omara Street and SW Edgewood Street. City records indicate the property was originally approved as part of Lot 20 of the Edgewood Subdivision in 1909. The property is currently occupied by an existing single detached house, with an attached garage, an accessory structure, paved driveway, and associated landscaping. According to the Washington County Assessment and Taxation Report, the existing dwelling measures 1,632 square feet in size, and the attached garage measures 784 square feet in size. In 2018, the City of Tigard Planning Division issued a Type I Home Occupation Permit to the co-owner of the subject property,Steven J.McDill.This permit was for a home office associated with a landscaping business at the subject site (Case No. HOP2018-00008). However, the applicant states this home occupation is no longer active. The property is zoned Low-Density Residential (R-4.5), as are surrounding properties. The applicant requests a Type II Home Occupation Permit to provide individual counseling services from an existing home at 9630 SW Omara Street. The applicant proposes to see a maximum of six (6) daily clients. The applicant will not have any employees. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Community Development Code of the City of Tigard(CDC)requires that all property owners of record within 500 feet of the subject site be notified of the proposal, and be given an opportunity to submit written comments prior to issuance of the decision.Staff mailed notices of this Type II application to affected parties on June 18,2020. A neighboring property owner,Frederick Butzer,e-mailed city staff on June 24,2020 and June 25,2020.Mr.Butzer expressed concerns that neighborhood safety would be impacted by the types of clients associated with the proposed home occupation. The applicant e-mailed a written response to Mr. Butzer on June 25, 2020. In this response, the applicant stated, "Part of my counseling vision includes an evaluation that states if a client has a biochemical imbalance and is not under the care of a medical physician and does not agree to sign a release for me to contact their physician, I will not take them as a client. It also states that if a client has an addiction and is not an active member of an accountability group (outside of my practice) I will not be their therapist, I also reserve the right to terminate counseling if these measures are violated. I will not be accepting insurance for reimbursement which tends to narrow the availability of certain clients. The evaluation process is my filter to assure safety and compatibility. Because I am the only therapist, because my practice will be at my home where I have children and have grandchildren present at times, and because I am a female, safety is a paramount concern to me." The applicant's full written response can be viewed in this land use case file (Case No. HOP2020-00026). This application is for a Type II Home Occupation Permit, and the applicable standards and approval criteria on which this decision is based are outlined in CDC Sections 18.760.040, 18.760.050, and 18.760.060. As detailed in Section V of this administrative decision,this application complies with all applicable standards and approval criteria in CDC Sections 18.760.040, 18.760.050, and 18.760.060. No other public comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.760 Home Occupations 18.760.040 Approval Criteria The approval authority will approve or approve with conditions a home occupation application when all of the applicable general provisions in Section 18.760.050 and approval standards in Section 18.760.060 are NOTICE OF DECISION PAGE 2 OF 6 HOP2020-00026 SANCTUARY IN THE CITY COUNSELING met. 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060. A. Home occupations may be undertaken only by a principal occupant of a dwelling unit. The applicant is the property owner and the principal occupant of the dwelling unit in which the home occupation is proposed to take place. This standard is met. B. Deliveries to the residence by suppliers are limited to 3 per week. The applicant's narrative states there will be no more than three (3) deliveries per week to the residence by suppliers that are directly associated with this home occupation.This standard is met. C. The home occupation must comply with all provisions of Title 6 of the Tigard Municipal Code. The applicant's proposal is for a Type II Home Occupation that will be operated entirely within an existing dwelling unit. It is not anticipated that this home occupation will violate any provisions in Title 6 Nuisance Violations of the Tigard Municipal Code.Any violations to the provisions in Title 6 will be subject to Code Enforcement regulations, and will result in the home occupation approval being revoked. This standard is met. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or 528 square feet,whichever is smaller.All indoor storage of materials or products must meet the provisions of the building, fire, health, and housing codes. The applicant's proposal is for a Type II Home Occupation that will be operated entirely within an existing dwelling unit.The property is currently occupied by an existing single detached house with an attached garage.According to the Washington County Assessment and Taxation Report, the existing dwelling measures 1,632 square feet in size, and the attached garage measures 784 square feet in size;therefore the combined residence and accessory structure floor area is 2,416 square feet. The applicant proposes to utilize 130 square feet of this floor area for the home occupation.Accordingly, this proposal does not exceed the floor area maximums stated above (528 square feet, or 25 percent of the combined residence and accessory structure floor area). Additionally, the applicant states that all indoor storage of materials or products will meet the provisions of the building, fire, health, and housing codes. This standard is met. E. A home occupation may not necessitate a change in the state building code use classification of a dwelling unit.Any accessory building that is used must meet building code requirements. The applicant is not proposing to change the State Building Code use classification of the existing dwelling unit. The home occupation will be operated entirely within the existing house.This standard is met. F. A dwelling unit may have more than one home occupation,provided that the combined floor area used for the home occupations does not exceed the square footage limitation imposed in Subsection 18.760.040.D. Each home occupation must apply for a separate home occupation permit,if required by this chapter. NOTICE OF DECISION PAGE 3 OF 6 HOP2020490026 SANCTUARY IN THE CITY COUNSELING In 2018, the City of Tigard Planning Division issued a Type I Home Occupation Permit to the co-owner of the subject property, Steven J. McDill. This permit was for a home office associated with a landscaping business at the subject site (Case No. HOP2018-00008). However, the applicant states this home occupation is no longer active. Therefore, this standard does not apply. G. The following activities are prohibited as part of a home occupation: 1. Storage or distribution of toxic, flammable, or explosive materials, and 2. Spray painting or spray finishing operations that involve toxic or flammable materials that in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, or surrounding properties. There will be no storage or distribution of toxic,flammable,or explosive materials as part of this home occupation. Additionally, the applicant is not proposing any spray painting or spray finishing operations as part of this home occupation. This standard is met. H. Additional parking is not required for home occupations. The applicant is not required to provide additional parking for this home occupation.This standard is met. I. The following activities are not allowed as home occupations: 1. Motor vehicle repair and painting; 2. Mechanical repair conducted outside of an entirely-enclosed building; 3. Junk and salvage operations; and 4. Storage or sale of fireworks. The applicant's proposal for a home occupation does not involve any of the activities listed above.This standard is met. J. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, is prohibited, except that 1 commercially licensed vehicle of not more than 0.75 ton gross vehicle weight (GVW) may be parked outside of a structure. The applicant will not have any commercial vehicles associated with this home occupation.This standard is met. 18.760.060 Approval Standards B. Type II home occupations.Type II home occupations must comply with the following: 1. One non-illuminated sign not exceeding 1.5 square feet is allowed. The sign may be attached to the residence or an accessory structure,or be placed in a window; The applicant will not have any signs for this home occupation.This standard does not apply. 2. Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; The applicant will not have any outside volunteers or employees associated with this home occupation. This standard does not apply. 3. Type II home occupations are not allowed on lots with cottage cluster, courtyard unit, or quad development, or on a lot with more than one accessory dwelling unit. NOTICE OF DECISION PAGE 4 OF 6 HOP2020-00026 SANCTUARY IN THE CITY COUNSELING The subject property is occupied by an existing single detached house, and is not occupied by a cottage cluster, courtyard unit,or quad development.Additionally,the property does not contain any accessory dwelling units.This standard is met. 4. Up to 6 daily customers or clients are allowed. Customers and clients are prohibited from visiting the business between the hours of 10 p.m. and 8 a.m.; and The applicant proposes to see a maximum of six (6) daily clients. Additionally, the applicant's narrative states that clients will not visit the premises between the hours of 10 p.m. and 8 a.m.This standard is met. 5. Storage areas for materials, goods, and equipment must be screened entirely from view by a solid fence. Storage must not exceed 5 percent of the total lot area and is prohibited within front or side setbacks. The applicant will not have any outdoor storage of materials,goods,or equipment.This standard does not apply. SECTION VI. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies NOTICE OF DECISION PAGE 5 OF 6 HOP2020.00026 SANCTUARY IN THE CITY COUNSELING Final Decision: THIS DECISION IS FINAL ON JULY 15,2020,AND EFFECTIVE ON JULY 31, 2020,UNLESS AN APPEAL IS FILED. Appeal: A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed. Any party with standing to appeal, as provided in Section 18.710.090.A, may appeal this decision in accordance with Section 18.710.090 of the Community Development Code of the City of Tigard, which provides that a written appeal together with the required fee must be filed with the Director within 15 days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available at the City of Tigard Permits Center, 13125 SW Hall Boulevard,Tigard, OR 97223. All appeal hearings are de novo, which allows for the presentation of new evidence, testimony, and argument by any party.The appeal authority will consider all relevant evidence, testimony,and argument that are provided at the hearing by the appellant or any party.The scope of the heating is not limited to the issues that were raised on appeal. limm ,, THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON JULY 30, 2020. 1 Questions: If you have any questions, please contact Lina Smith,Assistant Planner at (503) 718-2438,LinaCS(aitigard-or.gov, or City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. --. !_ July 15,2020 PREPARED BY: Lina Smith DATE Assistant Planner L_j 2/ / L"1-6- July 15,2020 APPROVED BY: Tom McGuire DATE Assistant Community Development Director NOTICE OF DECISION PAGE 6 OF 6 HOP2020-00026 SANCTUARY IN THE CITY COUNSELING Lina Smith From: Frederick Butzer <frederick.milan.butzer@gmail.com> Sent: Thursday, June 25, 2020 11:10 AM To: Kimberly McDill Cc: Lina Smith; adrienne Butzer Subject: Re: HOP 2020-00026 Caution! This message was sent from outside your organization. Allow sender Block sender Hello Ms. McDiill, Thank you for your message. However,this information does not dissuade me from my convictions, knowledge or beliefs. I have a degree in psychology. I am very knowledgeable and aware of the cycles of poverty, violence, abuse, and sexual abuse. I am a little disturbed that you are attempting to persuade me by pulling on my heart-strings. As a therapist, I am sure that you are very aware of the fact that people who have been abused and sexually abused are more than likely to become future abusers and sexual abusers themselves. Although, I wish no ill-will upon you, I cannot have people of this caliber circling my property where my innocent child would be sitting prey for them. I urge you to reconsider your plans.As a mother and grandmother, I implore that you soul-search to understand my overwhelming dread and also search to find another location for your practice. Our neighborhood is no place for this type of activity. Thank you for your understanding Ms. McDill. Sincerely, Frederick&Adrienne Butzer On Jun 25, 2020, at 7:41 AM, Kimberly McDill <kmcdill@ttsd.k12.or.us>wrote: Hello, Frederick&Adrienne, Let me introduce myself: My name is Kim McDill. I am the woman proposing a private counseling practice in our neighborhood. Thank you for sharing your concerns with the city of Tigard regarding my proposal. I think it would be helpful for you to know a little bit more about myself and my idea. My husband and I also moved from the Portland area with our children to this neighborhood where we have been blessed to raise them too. My children attended our local schools as I attended the Tigard/Tualatin School District myself. I later became an elementary teacher in the district for 33 years. I have been vested in the safety, welfare, health, and education of our community for more than half my life. I entered the arena of counseling late in life partially because of the need that I saw in the lives of our children.With the budget cuts in the district, I saw the needs of our students increase when counseling positions were cut dramatically. When that occurred, I found myself naturally spending more of my time investing in the social/emotional health of our children. Part of my counseling vision includes an evaluation that states if a client has a biochemical imbalance and is not under the care of a medical physician and does not agree to sign a release for me to contact their physician, I will not take them as a client. It also states that if a client has an addiction and is not an active member of an accountability group (outside of my practice) I will not be their therapist, I also reserve the right to terminate counseling if these measures are violated. I will not be accepting insurance for reimbursement which tends to narrow the availability of certain clients.The evaluation process is my filter to assure safety and compatibility. Because I am the only therapist, because my i practice will be at my home where I have children and have grandchildren present at times, and because I am a female, safety is a paramount concern to me.The focus of my counseling will be on grief and trauma,generally the clients that have been victims of the people you described in your concern. I read your complaint, and understand your concerns wholeheartedly. I hope understanding the foundation of my background helps to ease your concerns. Feel free to contact me if you have further questions. Take Good care, Kim McDill Kmcdill@ttsd.k12.or.us 2 Lina Smith From: Lina Smith Sent: Wednesday,June 24, 2020 1:42 PM To: 'Frederick Butzer' Cc: adrienne Butzer Subject: RE: Responding to voicemail regarding HOP2020-00026 Hi Frederick, I'll incorporate your comments into the land use case file. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCSCciltigard-or.gov From: Frederick Butzer<frederick.milan.butzer@gmail.com> Sent:Wednesday,June 24, 2020 1:09 PM To: Frederick Butzer<frederick.milan.butzer@gmail.com> Cc: Lina Smith <LinaCS@tigard-or.gov>; adrienne Butzer<adrienne.butzer@gmail.com> Subject: Re: Responding to voicemail regarding HOP2020-00026 Caution!This message was sent from outside your organization. Allow sender I Block sender Sorry: I meant to say "Please, please, please do not accept this application.". Thank you! Sincerely, Fred On Jun 24, 2020, at 1:05 PM, Frederick Butzer<frederick.milan.butzer@gmail.com>wrote: Hello Lina, Thank you for your time and professionalism. Please deny this application.We moved our eight-year-old son here to Tigard when he was six years old to get away from all of the Pedophiles and other mentally ill people in downtown Portland. We want a safe environment at our home and in our backyard for our child. Allowing this application to be accepted would negate everything that we have done to keep our child safe. Please, please, please do not except this application! Sincerely, Frederick&Adrienne Butzer On Jun 23, 2020, at 4:20 PM, Lina Smith <LinaCS@tigard-or.gov>wrote: Hi Frederick, 1 I'm responding to your voicemail about Case No. HOP2020-00026. A copy of the notice that was mailed out last week is attached to this e-mail.The application is still under review, and we're currently in the public comment period. Since the City has not yet issued a decision on the application, it's too early to file an appeal. If you have objections to the application, the next step would be to submit written comments (you can just e-mail these to me directly)that I can incorporate into the land use case file. Comments should be directed toward the applicable approval criteria, which I've attached to this e-mail. Once the City issues a decision, you will receive another notice in the mail. If you wish to file an appeal after the decision has been issued, please contact me again and I will send you that information. Please feel free to contact me if you have any questions. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." <HOP2020-00026 Notice of Application.pdf> <18-760.pdf> 2 q AFFIDAVIT OF MAILING i IIIII TIGARD I, Lina Smith, being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County, Oregon and that I served the following: {C3ieck Appropriate Box(s)Below} ® NOTICE OF Land Use Desision FOR: Sanctuary in the City Counseling,HOP2020-00026 El AMENDED NOTICE- Decision making body: ® City of Tigard Community Development Director/Designee ❑ Tigard Hearings Officer Tigard Planning Commission n Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, July 15.2020 and deposited in the United States Mail on July 15.2020,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) •Subscribed and sworn/affirmed before me on the .4 day of _beeeerhY. 2020. OFFICIAL STAMP �r�� EDGARDO rylq�pONA00N 4 NOTARY PUBLIC OR EGO MY COMMISSIONEXPIIRES OCT06ER 011, 2023 NOTARY P LIC OF OREGON My Commission Expires: /0-O/'2023 EXHIBIT A Notice of Land Use Decision = Sanctuary in the City Counseling TIGARD Case No. HOP2020-00026 July 15,2020 Dear Neighbor, The application described below has been APPROVED. This decision is final on July 15, 2020, and will go into effect on July 31, 2020, unless an appeal is filed. If you would like a copy of the full decision,or information on how to appeal this decision,please contact the staff person listed below. Appeal Period Deadline: 5 P.M. ON JULY 30,2020 Staff Person: Lina Smith,Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2438 LinaCS@tigard-or.gov Applicant: Sanctuary in the City Counseling Attn: Kim McDill 9630 SW Omara Street Tigard, OR 97223 Property Owners: Steven J. and Kimberly C. McDill 9630 SW Omara Street Tigard, OR 97223 Location: 9630 SW Omara Street;WCTM 2S102CD,Tax Lot 2001 Project Name: Sanctuary in the City Counseling Case Number: HOP2020-00026 Request: The applicant requests a Type II Home Occupation Permit to provide individual counseling services from an existing home at 9630 SW Omara Street.The applicant proposes to see a maximum of six (6) daily clients. The applicant will not have any employees. Zone: R-4.5: Low-Density Residential Approval Criteria: Community Development Code (CDC) Chapter 18.760 Additional Information A copy of the materials and evidence considered by the City are part of the public record and available for review. If you would like to review these materials at no cost,please contact the staff person listed above. Hard copies of the materials are available at a reasonable cost. Appeal Information This decision may be appealed by any party that is adversely affected or aggrieved by this decision, who was entitled to written notice of the decision,or who provided written comments.Appeals must be made using the form provided by the City,include the appeal fee,and be submitted within 15 days of this notice. If you would like to file an appeal electronically, please contact the staff person listed above. Staff can make arrangements for the appeal fee to be paid electronically. Appeals may also be submitted by mail,or dropped off in the drop box located in the City of Tigard Permit Center lobby. Failure to raise an issue or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue may preclude appeal to the Land Use Board of Appeals on that issue. All appeal hearings to the City's Hearings Officer are de novo, which allows for the presentation of new evidence, testimony, and argument by any party.All relevant evidence, testimony, and argument presented at the hearing will be considered. The scope of the hearing is not limited to the issues that were raised on appeal. Contact the staff person listed above for more information on how to submit an appeal. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. City of Tigard,Community Development Department• 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 2 of 2 EXHIBIT A NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT HOP2020-00026 SANCTUARY IN THE CITY COUNSELING TIGARD 120 DAYS = October 14, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: SANCTUARY IN THE CITY COUNSELING CASE NO.: Home Occupation Permit HOP2020-00026 REQUEST: The applicant requests a Type II Home Occupation Permit to provide individual counseling services from an existing home at 9630 SW Omara Street. The applicant proposes to see a maximum of six (6) daily clients.The applicant will not have any employees. APPLICANT: Sanctuary in the City Counseling Attn: Kim McDill 9630 SW Omara Street Tigard, OR 97223 OWNERS: Steven J. and Kimberly C. McDill 9630 SW Omara Street Tigard,OR 97223 ZONE: R-4.5: Low-Density Residential LOCATION: 9630 SW Omara Street WCTM 2S102CD,Tax Lot 2001 APPLICABLE Community Development Code 18.760. REVIEW CRITERIA: 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 these decisions are based are noted in Section V of this decision. NOTICE OF DECISION PAGE 1 OF 6 HOP2020-00026 SANCTUARY IN T}IE CITY COUNSELING SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The 0.59-acre site is located at 9630 SW Omara Street, at the southeast intersection of SW Omara Street and SW Edgewood Street. City records indicate the property was originally approved as part of Lot 20 of the Edgewood Subdivision in 1909. The property is currently occupied by an existing single detached house, with an attached garage, an accessory structure, paved driveway, and associated landscaping. According to the Washington County Assessment and Taxation Report, the existing dwelling measures 1,632 square feet in size,and the attached garage measures 784 square feet in size. In 2018, the City of Tigard Planning Division issued a Type I Home Occupation Permit to the co-owner of the subject property,Steven J.McDill.This permit was for a home office associated with a landscaping business at the subject site (Case No. HOP2018-00008). However, the applicant states this home occupation is no longer active. The property is zoned Low-Density Residential (R-4.5), as are surrounding properties. The applicant requests a Type II Home Occupation Permit to provide individual counseling services from an existing home at 9630 SW Omara Street. The applicant proposes to see a maximum of six (6) daily clients. The applicant will not have any employees. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Community Development Code of the City of Tigard (CDC) requires that all property owners of record within 500 feet of the subject site be notified of the proposal, and be given an opportunity to submit written comments prior to issuance of the decision.Staff mailed notices of this Type II application to affected parties on June 18,2020. A neighboring property owner,Frederick Butzer,e-mailed city staff on June 24,2020 and June 25,2020.Mr.Butzer expressed concerns that neighborhood safety would be impacted by the types of clients associated with the proposed home occupation. The applicant e-mailed a written response to Mr. Butzer on June 25, 2020. In this response, the applicant stated, "Part of my counseling vision includes an evaluation that states if a client has a biochemical imbalance and is not under the care of a medical physician and does not agree to sign a release for me to contact their physician, I will not take them as a client. It also states that if a client has an addiction and is not an active member of an accountability group (outside of my practice) I will not be their therapist, I also reserve the right to terminate counseling if these measures are violated.I will not be accepting insurance for reimbursement which tends to narrow the availability of certain clients. The evaluation process is my filter to assure safety and compatibility. Because I am the only therapist, because my practice will be at my home where I have children and have grandchildren present at times, and because I am a female, safety is a paramount concern to me." The applicant's full written response can be viewed in this land use case file (Case No. HOP2020-00026). This application is for a Type II Home Occupation Permit, and the applicable standards and approval criteria on which this decision is based are outlined in CDC Sections 18.760.040, 18.760.050, and 18.760.060. As detailed in Section V of this administrative decision,this application complies with all applicable standards and approval criteria in CDC Sections 18.760.040, 18.760.050,and 18.760.060.No other public comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.760 Home Occupations 18.760.040 Approval Criteria The approval authority will approve or approve with conditions a home occupation application when all of the applicable general provisions in Section 18.760.050 and approval standards in Section 18.760.060 are NOTICE OF DECISION PAGE 2 OF 6 I IOP2020-00026 SANCTUARY IN THE CITY COUNSELING met. 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060. A. Home occupations may be undertaken only by a principal occupant of a dwelling unit. The applicant is the property owner and the principal occupant of the dwelling unit in which the home occupation is proposed to take place. This standard is met. B. Deliveries to the residence by suppliers are limited to 3 per week. The applicant's narrative states there will be no more than three(3) deliveries per week to the residence by suppliers that are directly associated with this home occupation.This standard is met. C. The home occupation must comply with all provisions of Title 6 of the Tigard Municipal Code. The applicant's proposal is for a Type II Home Occupation that will be operated entirely within an existing dwelling unit. It is not anticipated that this home occupation will violate any provisions in Title 6 Nuisance Violations of the Tigard Municipal Code.Any violations to the provisions in Title 6 will be subject to Code Enforcement regulations, and will result in the home occupation approval being revoked. This standard is met. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or 528 square feet,whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire, health, and housing codes. The applicant's proposal is for a Type II Home Occupation that will be operated entirely within an existing dwelling unit.The property is currently occupied by an existing single detached house with an attached garage. According to the Washington County Assessment and Taxation Report, the existing dwelling measures 1,632 square feet in size, and the attached garage measures 784 square feet in size;therefore the combined residence and accessory structure floor area is 2,416 square feet. The applicant proposes to utilize 130 square feet of this floor area for the home occupation.Accordingly, this proposal does not exceed the floor area maximums stated above (528 square feet, or 25 percent of the combined residence and accessory structure floor area). Additionally, the applicant states that all indoor storage of materials or products will meet the provisions of the building, fire, health, and housing codes. This standard is met. E. A home occupation may not necessitate a change in the state building code use classification of a dwelling unit.Any accessory building that is used must meet building code requirements. The applicant is not proposing to change the State Building Code use classification of the existing dwelling unit. The home occupation will be operated entirely within the existing house.This standard is met. F. A dwelling unit may have more than one home occupation,provided that the combined floor area used for the home occupations does not exceed the square footage limitation imposed in Subsection 18.760.040.D. Each home occupation must apply for a separate home occupation permit,if required by this chapter. NOTICE OF DECISION PAGE 3 OF 6 HOP2020-00026 SANCTUARY IN II IE CITY COUNSELING In 2018, the City of Tigard Planning Division issued a Type I Home Occupation Permit to the co-owner of the subject property, Steven J. McDill.This permit was for a home office associated with a landscaping business at the subject site (Case No. HOP2018-00008). However, the applicant states this home occupation is no longer active. Therefore, this standard does not apply. G. The following activities are prohibited as part of a home occupation: 1. Storage or distribution of toxic, flammable, or explosive materials, and 2. Spray painting or spray finishing operations that involve toxic or flammable materials that in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, or surrounding properties. There will be no storage or distribution of toxic, flammable,or explosive materials as part of this home occupation. Additionally, the applicant is not proposing any spray painting or spray finishing operations as part of this home occupation. This standard is met. H. Additional parking is not required for home occupations. The applicant is not required to provide additional parking for this home occupation.This standard is met. I. The following activities are not allowed as home occupations: 1. Motor vehicle repair and painting; 2. Mechanical repair conducted outside of an entirely-enclosed building; 3. Junk and salvage operations; and 4. Storage or sale of fireworks. The applicant's proposal for a home occupation does not involve any of the activities listed above.This standard is met. J. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, is prohibited, except that 1 commercially licensed vehicle of not more than 0.75 ton gross vehicle weight (GVW) may be parked outside of a structure. The applicant will not have any commercial vehicles associated with this home occupation.This standard is met. 18.760.060 Approval Standards B. Type II home occupations.Type II home occupations must comply with the following: 1. One non-illuminated sign not exceeding 1.5 square feet is allowed. The sign may be attached to the residence or an accessory structure,or be placed in a window; The applicant will not have any signs for this home occupation.This standard does not apply. 2. Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; The applicant will not have any outside volunteers or employees associated with this home occupation. This standard does not apply. 3. Type II home occupations are not allowed on lots with cottage cluster, courtyard unit, or quad development,or on a lot with more than one accessory dwelling unit. NOTICE OF DECISION PAGE 4 OF 6 HOP2020-00026 SANCTUARY IN THE CITY COUNSELING The subject property is occupied by an existing single detached house, and is not occupied by a cottage cluster, courtyard unit,or quad development.Additionally,the property does not contain any accessory dwelling units.This standard is met. 4. Up to 6 daily customers or clients are allowed. Customers and clients are prohibited from visiting the business between the hours of 10 p.m. and 8 a.m.;and The applicant proposes to see a maximum of six (6) daily clients. Additionally, the applicant's narrative states that clients will not visit the premises between the hours of 10 p.m. and 8 a.m.This standard is met. 5. Storage areas for materials, goods, and equipment must be screened entirely from view by a solid fence. Storage must not exceed 5 percent of the total lot area and is prohibited within front or side setbacks. The applicant will not have any outdoor storage of materials,goods, or equipment.This standard does not apply. SECTION VI. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies NOTICE OF DECISION PAGE 5 OF 6 I IOP2020-00026 SANCTUARY IN'1'1IE C11Y COUNSELING Final Decision: THIS DECISION IS FINAL ON JULY 15, 2020, AND EFFECTIVE ON JULY 31,2020, UNLESS AN APPEAL IS FILED. Appeal: A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires,unless an appeal is filed.Any party with standing to appeal, as provided in Section 18.710.090.A, may appeal this decision in accordance with Section 18.710.090 of the Community Development Code of the City of Tigard, which provides that a written appeal together with the required fee must be filed with the Director within 15 days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available at the City of Tigard Permits Center, 13125 SW Hall Boulevard,Tigard, OR 97223. All appeal hearings are de novo, which allows for the presentation of new evidence, testimony, and argument by any party.The appeal authority will consider all relevant evidence,testimony,and argument that are provided at the hearing by the appellant or any party.The scope of the hearing is not limited to the issues that were raised on appeal. THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON JULY 30,2020. -- Questions: If you have any questions,please contact Lina Smith,Assistant Planner at (503) 718-2438,LinaCSna,tigard-or.gov, or City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. July 15,2020 PREPARED BY: Lina Smith DATE Assistant Planner July 15,2020 APPROVED BY: Tom McGuire DATE Assistant Community Development Director NOTICE OF DECISION PAGE 6 OF 6 HOP2020-00026 SANCTUARY IN THE CITY COUNSELING EXHIBIT B City ofTigard City ofTigard Community Development ■ Community Development 0 ATTN: Lina Smith ■ ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 KIM MCDILL BUTZER,ADRIENNE LB 9630 SW OMARA STREET BUTZER, FREDERICK MILAN TIGARD, OR 97223 9735 SW MCDONALD ST TIGARD, OR 97224 AFFIDAVIT OF MAILING 11,11 TIGARD I,Lina Smith, being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard,Washington County,Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF Land Use Application FOR: Sanctuary in the City Counseling,HOP2020-00026 ❑ AMENDED NOTICE— Decision making body: ® City of Tigard Community Development Director/ Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, June 18,2020 and deposited in the United States Mail on June 18,2020 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the Z3 day of .6C ,2020. OFFICIAL STAMP t EDGARDO MALDONADO NOTARY PUBLIC OREGON COMMISSION NO.991417 /17117 MY COMMISSION EXPIRES OCTOBER 01 2023 NOTARY PU' IC OF OREGON My Commission Expires: /d'U/".623 EXHIBIT A Notice of Land Use Application i Sanctuary in the City Counseling T I G A R D Case No. HOP2020-00026 June 18,2020 Dear Neighbor, You are invited to submit written comments on the application described below. If you would like more information about this application, or would like to submit written comments, please contact the staff person listed below. The City will consider all written comments prior to issuing a decision. Comments must be directed toward the approval criteria listed below, and must be submitted to the staff person by the end of the comment period. Comment Period Deadline: 5 P.M. ON JULY 2, 2020 Staff Person: Lina Smith,Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard,OR 97223 (503) 718-2438 LinaCS@tigard-or.gov Applicant: Sanctuary in the City Counseling Attn: Kim McDill 9630 SW Omara Street Tigard,OR 97223 Property Owners: Steven J. and Kimberly C.McDill 9630 SW Omara Street Tigard,OR 97223 Location: 9630 SW Omara Street;WCTM 2S102CD,Tax Lot 2001 Project Name: Sanctuary in the City Counseling Case Number: HOP2020-00026 Request: The applicant requests a Type II Home Occupation Permit to provide individual counseling services from an existing home at 9630 SW Omara Street.The applicant proposes to see a maximum of six (6) daily clients.The applicant will not have any employees. Zone: R-4.5: Low-Density Residential City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 1 of 2 Approval Criteria: Community Development Code(CDC) Chapter 18.760 Additional Information A copy of the materials and evidence considered by the City are part of the public record and available for review. If you would like to review these materials at no cost,please contact the staff person listed above. Hard copies of the materials are available at a reasonable cost. Next Steps After considering all the evidence, including the applicant's materials, all public comments, and the applicable approval criteria, the City will approve the application, approve the application with conditions, or deny the application. The decision will be mailed to the applicant, and anyone who submitted written comments. Appeal Information Failure to raise an issue or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue may preclude appeal on that issue.The decision may be appealed by any party that is adversely aggrieved by this decision,who was entitled to written notice of the decision,or who provided written comments.Appeals must be made using the form provided by the City,include the appeal fee,and be submitted within 15 days of the notice of decision. Contact the staff person listed above for more information on how to submit an appeal. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Attachment:Vicinity Map City of Tigard,Community Development Department • 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 2 of 2 Portlaitri Vicinity Map i �� 8eaverten s Tr Jci City of Tigard, Oregon ?4 H"I Case Number: HOP2020-00026 T U a 1 a t r rf Project: Sanctuary in the City H Counseling l . ." Subject Site ,j ca i ,. , •max. \A, Y fs fi/ / 1 , �r G.I y a:w nod St4d:1:11 I .—..�_—` __. I �T. jI ; 1. I a { t • `` " I rJ Z.: N viaw s. .. s i .. o a 1 i i T -r rr makes no warranty representalion or 5narnntee as to i t' 9r J , r 111,data provide; The n v of rider.,snail how r a 1 bW r.1,'GONALD ST h l 1 i ...1: . ..,,4 - p •- a •j y� z- I - _ Scale: 0.07 MiFes y- - J� ter T r'- •SS City of Tigard lnn en UI. - El... :_ •;1 _ ` ,I -- !j - 13125 SW Hall Blvd - - _ _� _ >.a E�r a r,e t Tigard, OR 97223 x v. - MTPCreated (503) 639-4171 TIGARD . .a, 06/16/2020 www.ligard-or.gov EXHIBIT B ATTN:DONNY LEE 2S102DC00101 SECTOR HOUSING OFFICER BAH.FY,LAWRENCE E II/ROSELLA K 2185 SE 12TH PLACE 9355 SW EDGEWOOD ST WARRENTON,OR 97146 TIGARD,OR 97223 BEILKE,SUSAN 2S102CD02606 11755 SW 114TH PLACE BENEDICT,MEL K&BEVERLY K TIGARD,OR 97223 9670 SW HILLVIEW CT TIGARD,OR 97223 2S102CD02605 2S102CA00943 BHATTACHARYYA,KEYA BISTLINE,HOLDEN SCOTT&STEFANI 9608 SW HILLVIEW CT 13580 SW VILLAGE GLENN DR TIGARD,OR 97223 TIGARD,OR 97223 2S102CD05000 2S102CD00500 BOYD,JACOB&SOPHIA BOYDSTUN,DENNIS GREGORY& 9815 SW O'MARA ST BOYDSTUN,SALLY BAUCUS TIGARD,OR 97223 9585 SW O'MARA ST TIGARD,OR 97223 BUEHNER,GRETCHEN 2S102CD04902 PO BOX 230268 BURK,NATHAN H&MELINDA R TIGARD,OR 97281 9777 SW OMARA ST TIGARD,OR 97223 2S102CD02611 CAFFALL,REX BUTZER,ADRIENNE LB 13205 SW VILLAGE GLENN BUTZER,FREDERICK MILAN TIGARD,OR 97223 9735 SW MCDONALD ST TIGARD,OR 97224 CAROL RENAUD 2S102CD02602 COUNTY ADMINISTRATIVE OFFICE-COMMUNITY CHA,YOUNGEUN ENGAGEMENT 9635 SW HILLVIEW CT 254 N FIRST AVENUE MS20 TIGARD,OR 97223 HILT SBORO,OR 97124 CITY OF TIGARD 2S102CD04900 ATTN:LINA SMITH CLAYTON,MARLIN L 13125 SW HALL BLVD. 9777 SW O'MARA ST TIGARD,OR 97223 TIGARD,OR 97223 2S102CD02000 CONNERY,STACY COLLETT,REBECCA M REVOC LIVING 12564 SW MAIN STREET 9680 SW O'MARA ST TIGARD,OR 97223 TIGARD,OR 97223 2S102CD02704 CRAGHEAD,ALEXANDER COX,GLORIA J &CLEON M III 12205 SW HMI BOULEVARD 13580 SW ASH AVE TIGARD,OR 97223-6210 TIGARD,OR 97223 2S102CD02400 DEFILIPPIS,VICTOR CROW PROPERTIES LLC 13892 SW BRAYDON CT 26 BECKET ST TIGARD,OR 97224 LAKE OSWEGO,OR 97035 2S102CD02710 2S102CD02603 DELOMAS,CLARE DOUGLASS,MARTIN R ASHLEY,MARK 9605 SW HILLVIEW CT 13600 SW ASH AVE TIGARD,OR 97223 TIGARD,OR 97223 ENGVALL,ANN 2S102CD02702 15461 SW 82 PL FLAGLER,EDWARD E&GEMMA L TIGARD,OR 97224 860 SE 71ST AVE HIT 7 SBORO,OR 97123 FROUDE,BEVERLY multiple 12200 SW BULL MOUNTAIN ROAD FUCHS,SHIRLEY K TRUST TIGARD,OR 97224 14996 SW SUMMERVIEW DR TIGARD,OR 97224 2S102DCO2001 2S102CD01100 GETSINGER,EVELYN M FAMILY TRUST GRIGG,STACEY BY GETSINGER,EVELYN M TR 9515 SW EDGEWOOD ST 9400 SW EDGEWOOD TIGARD,OR 97223 TIGARD,OR 97223 2S102CD02717 HADLEY,BONNIE CHAIR CPO 4B GROSSMAN,SARAH D'EVELYN 16200 SW PACIFIC HWY SUITE H BOX 242 13540 SW ASH AVE TIGARD,OR 97224 TIGARD,OR 97223 HAMILTON,LISA CPO 4B VICE CHAIR 2S102CD02200 13565 SW BEEF BEND ROAD HARDIN,BEATRICE FAY TIGARD,OR 97224 PO BOX 230297 TIGARD,OR 97223 2S102CA00946 2S102CD02100 HARTMANN,MICHAEL B&SALLY E HEAGERTY,PATRICK D 2009 LIVING 26305 SW NEILL RD 644 SCOTT BLVD NEWBERG,OR 97132 SANTA CLARA,CA 95050 HERING,J.BLAKE. 2S102CD05700 NORRIS BEGGS&SIMPSON HIERSCHE,R DAVID LIVING TRUST 121 SW MORRISON,SUf1E 200 HIERSCHE,SUSAN D LIVING TRUST PORTLAND,OR 97204 13940 SW 95TH AVE TIGARD,OR 97224 HOGAN,KEVIN HOWLAND,HAROLD AND RUTH 14357 SW 133RD AVENUE 13145 SW BENISH TIGARD,OR 97224 TIGARD,OR 97223 2S102CD00800 multiple IDZERDA REVOCABLE LIVING TRUST JERONIMO,J GUADALUPE SANCHEZ BY IDZERDA,MARGUERITE M VALENCIA,BLANCA ESTELA ZAVALA 5624 SW FLORIDA ST 10000 SW MOLLY CT PORTLAND,OR 97219 TIGARD,OR 97223 2S102CD02300 2S102CA00945 JOHNSON,CLARENCE DEAN JONES,CLINTON A& 9440 SW EDGEWOOD ST HARLAND,PATRICLA M TIGARD,OR 97223 9495 SW O'MARA ST TIGARD,OR 97223 2S102DCO2000 2S102CD06300 KANDZIORA,GABRIELA KHADER FAMILY TRUST 9360 SW EDGEWOOD ST BY KHADER,DANIEL&SANDRA TRS TIGARD,OR 97223 16470 BLACKIE RD SALINAS,CA 93907 2S102CD00400 multiple KNAPP,MONA L KUHN,FRED R&MARLYS A 9600 SW FREWING ST 9455 SW MCDONALD ST TIGARD,OR 97223 TIGARD,OR 97224 2S102CD05300 2S102CD00300 LEW,WILLIAM&EDITH FAMILY TRUS LEWIS,PAMELA BY LEW,SEAN MORTEN TR 9620 SW FREWING ST 2323 E NEWBERRY BLVD TIGARD,OR 97223 MILWAUKIE,WI 53211 LISA HAMILTON CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10655 SW HALL BLVD. TIGARD,OR 97224 TIGARD,OR 97223 2S102CD02612 2S102CD02610 LOPEZ,ALV-ARO VAZQUEZ LULL,STEVEN H&DARLA F BELTRAN-LOPEZ,JANE N 1556 121ST AVE NE 9705 SW MCDONALD ST BLAINE,MN 55449 TIGARD,OR 97224 2S102CD02713 2S102CD02707 LUMLEY,SHEILA MCCLANAHAN-BAUGH,JULIE 13660 SW ASH AVE 13630 SW ASH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S102CA00942 2S102CD02001 MCCLENAHAN,KEITH&DANEI I'E MCDILL,STEVEN J&KIMBERLY C 13560 SW VILLAGE GLENN DR 9630 SW O'MARA ST TIGARD,OR 97223 TIGARD,OR 97223 MILDREN,GENE 2S102CD04600 MILDREN DESIGN GROUP MITCHELL,CARL R 7650 SW BEVELAND ST,STE 120 9435 SW EDGEWOOD ST TIGARD,OR 97223 TIGARD,OR 97223 2S102CD04700 multiple MITCHELL,MICHAEL H&KIMBERLIE MOE,BRIAN 9405 SW EDGEWOOD ST 13500 SW PACIFIC HWY STE 58 BOX 140 TIGARD,OR 97223 TIGARD,OR 97223 MURDOCK,NATHAN AND ANN 2S102CD05200 7415 SW SPRUCE STREET MURPHY,JAMES TIGARD,OR 97223 13955 SW 95TH AVE TIGARD,OR 97223 2S102CD01000 NEAL BROWN.GRI MUTSCHLER,DAVID K MEADOWS INC REALTORS 9465 SW EDGEWOOD ST 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 TIGARD,OR 97223 2S102CA00944 2S102CD02608 NFTSON,ALEXANDER LEE NIELSON,KENNETH EDWARD&MARY-A NELSON,CAITLIN ELIZABETH FAMILY TRUST 9555 SW FREWING ST 9800 SW O'MARA ST TIGARD,OR 97223 TIGARD,OR 97223 2S102CD02607 2S102CD02716 NIRANJAN,RAMAKRISHNAN& OSTROSKA,WILLLAM L RAM,SHAILAJA 13500 SW PACIFIC HWY#235 9760 SW OMARA ST TIGARD,OR 97223 TIGARD,OR 97223 multiple 2S102CD02604 PARKER,WALI'ER J&LOLA B PETERSEN,DONNA L&KARL W 9615 SW O'MARA ST 9610 SW HILLVIEW CT TIGARD,OR 97223 TIGARD,OR 97223 2S102CD01101 2S102CD05400 POOLE,JEREMY S&JEANESE E QUAST,JAMES L&JUDITH H 9580 SW O'MARA ST 13877 SW 95TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S102CD05800 ROGERS,KATE ROBERTS,DEREK L&MAYAN KATHLEE 9527 SW BROOKLYN LN 13966 SW 95TH AVE TIGARD,OR,97224 TIGARD,OR 97224 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S102CD02601 2S102CD02714 RYAN,MARK P&EMILY N SANCHEZ,FRANCISCO J& 9675 SW HILLVIEW CT ZAVALA,NORMA TIGARD,OR 97223 13530 SW ASH AVE TIGARD,OR 97223 SAVANNAH EDSON 2S102CD02613 METROPOLITAN LAND GROUP,LLC SCOTT,BRYON&ADRIENNE 17933 NW EVERGREEN PARKWAY,SUITE 300 9675 SW MCDONALD ST BEAVERTON,OR 97006 TIGARD,OR 97224 2S102CD02701 2S102CD05100 SHEHORN,STEPHEN LEE SHILLIAM,BRANT A&JESSICA L 9765 SW O'MARA 13979 SW 95TH AVE TIGARD,OR 97223 TIGARD,OR 97224 SPRING,BRAD multiple 7555 SW SPRUCE STREET STRAND,DAVID E TIGARD,OR 97223 9675 SW O'MARA ST TIGARD,OR 97223 SUNDBERG,ROSS 2S102CD02711 16382 SW 104TH AVE THOMPSON,DARIN J TIGARD,OR 97224 13700 SW ASH AVE TIGARD,OR 97223 multiple TTSD TO,TAI&DAISY ATTN:DAVID MOORE 13864 SW 95TH AVE 6960 SW SANDBURG ST TIGARD,OR 97224 TIGARD,OR 97223 WEGENER,BRIAN 2S102CD02708 9830 SW KIMBERLY DRIVE WESTON,MICHAEL J&CRYSTAL S TIGARD,OR 97224 13560 SW ASH AVE TIGARD,OR 97223 2S102DCO2100 2S102CD02706 WOODLAND HEIGHTS PROPERTIES LLC WORLEY,MARTHA W 26 BECKETT ST 9695 SW O'MARA LAKE OSWEGO,OR 97035 TIGARD,OR 97223 APPLICANT MATERIALS RECEIVE,' City of Tigard JUN 0 8 2Uz!1 Case#: f'iDl'.242Q r : COMMUNITY DEVELOP 1rN1?fC c TIGARD Master Land se Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) 0 Modification: O Type I O Type II O Adjustment 0 Planned Development: O Annexation O Consolidated Plan 0 Comprehensive Plan Map Amendment ri Concept Plan 0 Conditional Use O Detailed Plan ❑ Downtown Development Review: ❑ Sensitive Lands Review: O Type I ❑Type II U Type I O Type II Li Type III O Adjustment 0 Site Development Review: O Type I O Type II TX Home Occupation-Type II 0 Subdivision ❑ Land Partition O Temporary Use Permit O Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: O Marijuana Facility Permit ri Modification O Discretionary Review 0 Miscellaneous: 0 Zoning Map Amendment O Type II [11)Type III PROJECT INFFORMATION �t` (� Project name: .X3.S(\ 1M A- R_ 'i i ` Ol l \iSP�\ Brief description of project: CSe.e_ r c i e i SITE INFORMATION Location (address if available): q -30 S O'Arl r a S*. `T l cAr d p, O `-7 2 Z3 Tax map and tax lot number(s): L ,t '_ ).j, ? ) Site size: C6CD SC? Zone: APPLICANT INFORMATION Name: VI v.A. YYl C- LI . Mailing address: °l l o?j0 Sc ) )wwAra . City/State rI jJJ 02 Zip: w 1r 3 Phone:Z03 3�S--S k a Email: V i wn.Suv�C_'Eup�r lv�t\rvP }t tJ e WkA i\.CO yyt Applicant's representative: Phone: Email: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER INFORMATION ❑ Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigardplanneronduty(a,tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. '04--"147/ (--(--Ce--"--e, IIN, vIA 111A c--0 it LC 1.0"4 --a(-3 0 Applicant's signature* Print name Date Property er's signature* Print name Date `j- 12e._►u t'kC D i IA oC -C7ck -Zo rty owner's gnature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant arc different people. STAFF USE ONLY / n Case No.: ��0 implication fee: Received by: Date: , i .Z..e) Related Case(s): Determined complete by: h-.ti Date: 6//40/2 0 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 H. Additional parking is not required for home occupations. One client at a time will be parking at the location. I. The following activities will not be conducted at the home occupations: Home Occupations 18.760-3 Code Update: 10/19 1. Motor vehicle repair and painting; 2. Mechanical repair conducted outside of an entirely-enclosed building; 3. Junk and salvage operations; and 4. Storage or sale of fireworks. J. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, will not be included with this business. 18.760.060 Approval Standards A . Type II home occupations. Type II home occupations must comply with the following: 1. No illuminated signs will be on property or an accessory structure, or be placed in a window; 2. Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; 3. Type II home occupation at 9630 SW Omara Street is not on a lot with cottage cluster, courtyard unit, or quad development, or on a lot with more than one accessory dwelling unit. This 4. Up to 6 daily customers or clients will be allowed. Customers and clients are prohibited from visiting the business between the hours of 10 p.m. and 8 a.m.; and 5. Storage areas for materials will not be located outside of the residence. The sole employee will be Kim McDill who is a Registered Licensed Clinical Mental Health Intern through the Oregon Board of Licensed Professional Counselors and Therapists. The Type II Home Occupancy proposal is being submitted for home use of a business is for counseling services to be offered at the address of 9630 SW Omara St. Tigard, Oregon. This proposal complies with the following in addition to the standards for Type I and Type II home occupations provided in Section 18.760.050. A. Home occupations may be undertaken only by a principal occupant of a dwelling unit. This will be the sole employee and owner of the business: Kim McDill of 9630 SW Omara St., Tigard, OR. 97223 B. Deliveries to the residence by suppliers are limited to 3 per week, and will not exceed 3 per week. C. The home occupation must comply with all provisions of Title 6 of the Tigard Municipal Code. D. The home occupation will be operated entirely within the dwelling unit or a conforming accessory Structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or 528 feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire, health, and housing codes. The proposed area of use will be 130 square feet of the approximate 1,950 square feet of the address. E. This home occupation does not necessitate a change in the state building code use classification of a dwelling unit. F. This dwelling unit does not have more than one home occupation, provided that the combined floor space used for the home occupations does not exceed the square footage limitation imposed in Paragraph 18.760.040.A.4. G. The following activities are prohibited as part of a home occupation and will not be part of the proposed business: 1. Storage or distribution of toxic, flammable, or explosive materials, and 2. Spray painting or spray finishing operations that involve toxic or flammable materials that in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, or surrounding properties. Lina Smith From: Lina Smith Sent: Wednesday, July 8, 2020 1:25 PM To: Kimberly McDill Subject: RE: Home Occupancy Type II application Thank you! Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Kimberly McDill <kmcdill@ttsd.k12.or.us> Sent:Wednesday,July 8, 2020 11:53 AM To: Lina Smith <LinaCS@tigard-or.gov> Subject: Re: Home Occupancy Type II application Caution!This message was sent from outside your organization. Allow sender I Block sender Hi, Lina, Steve's business is no longer in our home. He's located at 9444 SW Tigard St. Tigard, OR 97223. He is not utilizing any part of the property any longer. So I will still only be using the 130 Square feet. I hope that helps! Kim On Wed,Jul 8, 2020 at 11:43 AM Lina Smith <LinaCS@tigard-or.gov>wrote: Hi Kim, I'm reviewing your application, and found that the City also issued a Type I home occupation permit for Steven in 2018, so I have to calculate the total size of both home occupations together(in square feet).The maximum area allowed for all home occupations combined is 25%of the combined residence and accessory structure floor area or 528 square feet,whichever is smaller. Can you please clarify the following information? • The County's Assessment&Taxation Report states that the main home is 1632 square feet in size,and the unfinished garage is 784 square feet in size. Is this correct, and is the garage attached to the main home? • Steven stated that the detached accessory structure on the property is 300 square feet in size. Is this correct? • Steven also stated that he'll be utilizing 100 square feet of the home and the 300-square-foot detached accessory structure for his home occupation. Is this still correct? i • You stated that you'll be utilizing 130 square feet of the home for your home occupation. Is this correct, and is this area separate from the area Steven is utilizing for his home occupation? If it's a separate area, then my concern is that you're exceeding the maximum area allowed for all home occupations on the property. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Lina Smith Sent:Wednesday,June 17, 2020 1:29 PM To: Kimberly McDill <kmcdill@ttsd.k12.or.us> Subject: RE: Home Occupancy Type II application Hi Kim, My coworker created the invoice for the public notice mailings; please see attached.You can pay this fee online by clicking this link: https://aca.accela.com/tgard/, go to the "Planning" tab, and search for record number HOP2020- 00026.Then,go to the "Payments" tab and click "Fees"to submit your online payment. Please note there is a 3% service charge for all debit and credit card payments, but there's also an option to pay by e-check, which has no service charge. I'll forward any comments I receive from neighbors to you, and I'll keep you posted with any updates.We should have a decision for you in early July. Thank you, Lina Lina Smith 2 Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov From: Kimberly McDill<kmcdill@ttsd.k12.or.us> Sent:Tuesday,June 16, 2020 6:27 PM To: Lina Smith <LinaCS@tgard-or.gov> Subject: Re: Home Occupancy Type II application Oh, THANK YOU THANK YOU THANK YOU! Kim!!!! On Tue,Jun 16, 2020 at 2:49 PM Lina Smith <LinaCS@tigard-or.gov>wrote: Hi Kim, Your application has been deemed complete, which means we'll start the official review process, and city staff will mail out notices to neighbors about your application. Hopefully,we'll get those mailed out by the end of this week. I know the attached letter says we have until October to issue a decision, but that's just State-mandated we have to include in the letter; I anticipate having a decision for you in early July. My coworker is creating an invoice for the mailings, which I'll e-mail to you once it's ready,and I'll also send you a link to pay for those online. Please let me know if you have any questions. Thank you, Lina 3 Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov From: Kimberly McDill <kmcdill@ttsd.k12.or.us> Sent: Monday,June 8, 2020 1:10 PM To: Lina Smith<LinaCS@tigard-or.gov> Subject: Re: Home Occupancy Type II application Of course! I'll put them in the mail now. Kim Sent from my iPad On Jun 8, 2020, at 12:03 PM, Lina Smith <LinaCS@tgard-or.gov>wrote: Thank you! Could you please mail me the hard copy originals of your application materials?: Lina Smith City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 I'll get started on reviewing the electronic materials you submitted, and let you know if I have any questions. 4 Best, Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Kimberly McDill<kmcdill@ttsd.k12.or.us> Sent: Monday,June 8, 2020 10:00 AM To: Lina Smith <LinaCS@tigard-or.gov> Subject: Re: Home Occupancy Type II application Thank you SO much! I paid the fees just now. Please let me know what else you might need! Take good care, Kim McDill Sent from my iPad On Jun 8, 2020, at 8:51 AM, Lina Smith < LinaCS@tigard-or.gov>wrote: Hi Kim, You can pay the $341 application fee online by clicking this link: https://aca.accela.com/tigard/, go to the "Planning"tab, and search for record number HOP2020-00026.Then, go to the "Payments"tab and click"Fees"to submit your online payment. Please note there is a 3%service charge for all debit and credit card payments, but there's also an option to pay by e-check,which has no service charge. 5 I was able to pull your property ownership info from the County's website, so no need to send that over. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tgard-or.gov From: Kimberly McDill<kmcdill@ttsd.k12.or.us> Sent:Saturday,June 6, 2020 11:08 AM To:#CD PoD<CDPoD@tgard-or.gov> Subject: Fwd: Home Occupancy Type II application From: Kimberly McDill<kmcdill@ttsd.k12.or.us> Date:June 6, 2020 at 11:06:43 AM PDT To: Kim McDill <kmcdill@ttsd.k12.or.us> Subject: Home Occupancy Type II application Below are copies of my Master Land Use Application and Business License Application. Early next week I will be sending my proof of property ownership unless you can already access our property tax information. Please let me know if there is anything else you need. I understand how crazy things must be at the City Government with how this year has started. My cell number is also: 503-348-5121 if you need to reach me. Take Good Care! Kim McDill Sent from my iPad 6 CORRESPONDENCE ADDITIONAL INFORMATION TIGARD City of Tigard June 16, 2020 Sanctuary in the City Counseling Attn: Kim McDill 9630 SW Omara Street Tigard, OR 97223 Project: Sanctuary in the City Counseling Site: 9630 SW Omara Street;WCTM 2S102CD, Tax Lot 2001 Land Use File: HOP2020-00026 Dear Applicant: Please be advised that your application for a Type II Home Occupation Permit has been deemed complete as of June 16, 2020,in accordance with Tigard's submittal requirements and Oregon Revised Statutes 227.178. The 120-day deadline by which the City must reach a final decision on this application is October 14, 2020. If you decide to withdraw your application before a decision is rendered, please be aware that application fees may not be fully refundable. Please feel free to contact me at (503) 718-2438 or LinaCSntigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Copy: HOP2020-00026 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Washington County is implementing a new Permitting system. Some applications on this site have not yet been modified to work with the new system. This will be completed relatively soon. To look up permit information (without GIS referencing) please use the Public Permitting and Services Portal or this web application. Navigation: Washington County » GIS » Reports: Parcel Report 2S102CD02001 | General Information interactive maps map gallery contacts other gis links frequently asked questions Property Search property / taxlot tax maps gps latitude / longitude Survey Search Land Services Building Services = Content Restricted Parcel Report for Taxlot: 2S102CD02001 General Property Information Map & Taxlot ID #: 2S102CD02001 Real Property Account #: R467471 Site Address: 9630 SW O'MARA ST. TIGARD OR, 97223 City/State/Zip: Legal: Sub Reports:District Overlay Information Assessment & Taxation Information Scanned Tax Maps Permits & Projects Additional Reports:Land Development Information Ownership Information:MCDILL, STEVEN J & KIMBERLY C 9630 SW O'MARA ST TIGARD, OR, 97223 GeoNET Map:2S102CD02001 Interactive Mapping:InterMap Other Resources: Link to External Sites: Virtual Earth Viewer Google Maps Street Viewer © 2000 - 2020 Washington County. All rights reserved. Links to external sites do not constitute endorsements by Washington County. By visiting this and other Washington County web pages, you expressly agree to be bound by the terms and conditions of the site. For questions regarding information privacy, liability, accessibility, and public records policies, please review the statements document. This page maintained by Washington County Technology Services. 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