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HOP2021-00008 APPROVED H0P202 1 - 00008 VIR' I 'US FIREARMS NOTICE OF TYPE II DECISION U HOME OCCUPATION PERMIT HOP2021-00008 VIRTUS FIREARMS TIGARD 120 DAYS =July 7, 2021 SECTION I. APPLICATION SUMMARY FILE NAME: VIRTUS FIREARMS CASE NO.: Home Occupation Permit (HOP) HOP2021-00008 REQUEST: The applicant requests a Type II Home Occupation Permit to sell firearms and accessories out of an existing home at 13165 SW Creekshire Drive. The applicant proposes to see a maximum of six (6) customers per day at the home by appointment only. The hours of operation will be from 8 a.m. to 5 p.m. The applicant will not have any employees. APPLICANT: Joseph G. Morris 13165 SW Creekshire Drive Tigard, OR 97223 OWNER: Same as applicant ZONE: R-7: Medium-Density Residential LOCATION: 13165 SW Creekshire Drive WCTM 2S104CB,Tax Lot 6800 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 110132021-0(008 i(008 VIRTUS FIRI?ARMS SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject property (13165 SW Creekshire Drive;WCTM 2S104CB,Tax Lot 6800) is located on the west side of SW Creekshire Drive, north and east of SW Sandridge Drive, south of SW Fern Street, and west of SW Ascension Drive.The subject dwelling unit is attached to another dwelling unit located at 13145 SW Creekshire Drive (WCTM 2S104CB, Tax Lot 6900). According to the Washington County Assessment and Taxation Report, the existing dwelling measures 1,681 square feet in size. The property also contains an attached garage, paved driveway, and associated landscaping. The property is zoned Medium-Density Residential (R-7). The applicant requests a Type II Home Occupation Permit to sell firearms and accessories out of an existing home at 13165 SW Creekshire Drive. The applicant proposes to see a maximum of six (6) customers per day at the home by appointment only. The hours of operation will be from 8 a.m. to 5 p.m. 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 March 10, 2021, and received three (3) written comments from neighboring property owners. The property owners raised concerns about a business operating in a residential area and compatibility with the surrounding neighborhood; about impacts from this proposal on neighboring property values and the ability to attract renters; about impacts from this proposal on street parking, traffic, and safety; and about regulating the proposed hours of operation and the maximum allowed six (6) customers per day. RESPONSE: Home occupation permits allow residents an opportunity to engage in commercial activities that are accessory to the primary residential use within their homes, and as detailed in the findings in this decision, the applicant's proposed home occupation complies with all applicable approval criteria in CDC Sections 18.760.040, 18.760.050, and 18.760.060. The applicant proposes to see a maximum of six (6) customers per day by appointment only;therefore,this proposal will not generate excessive traffic. Additionally,the applicant is not required to provide additional on-site parking for this home occupation.If the applicant exceeds the maximum allowed six (6) customers per day, or if customers visit the premises outside of the approved hours of operation, then the applicant will be subject to Code Enforcement regulations. 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 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. NO'l ICF OF DECISION PAGE 2 OE 6 I I0P2021-UINII)8\'IRTLUS FIREARMS 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 states there will be a maximum of two (2) 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 that measures 1,681 square feet in size. The applicant's narrative states that 350 square feet of the existing dwelling unit will be utilized for the proposed 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). City staff sent copies of the applicant's materials to the Tigard Building Official and Tualatin Valley Fire and Rescue (TVF&R) to review this proposal for compliance with building, fire,health,and housing codes.The Building Official did not respond with any comments or objections to the applicant's proposal, and Deputy Fire Marshal John Wolff responded on March 9, 2021 that TVF&R does not have authority over a private residence. Accordingly, staff fords the applicant's indoor storage of materials or products complies with all applicable 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 residence. 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. In November 2020, the applicant obtained a Type I Home Occupation Permit for online sales of firearms and accessories. The applicant is now applying for a Type II Home Occupation Permit, in order to continue the sales of firearms and accessories, and to have a maximum of six (6) customers per day visit the premises. Both home NO 110E OF DECISION PAGE 3 OF 6 1101)2021-00108 V IRTUS FIREARMS occupations, and associated storage of materials or products, will be contained within the same 350 square feet of the existing home, and do not exceed the space limitations in CDC 18.760.050.D. This standard is met. 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. City staff sent copies of the applicant's materials to the Tigard Building Official, Tigard Police Department, and Tualatin Valley Fire and Rescue to review the applicant's proposal for any concerns regarding toxic, flammable, or explosive materials, and public safety. The Building Official did not respond with any comments or objections to the applicant's proposal. Sergeant Jeffrey Lain of the Tigard Police Department responded on February 24, 2021 with no objections to the applicant's proposal. Deputy Fire Marshal John Wolff responded on March 9, 2021 that TVF&R does not have authority over a private residence. Based on the responses from the Tigard Building Official, Tigard Police Department, and TVF&R, staff does not find any applicable concerns regarding the storage of toxic, flammable, or explosive materials with 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. NOTICE OF DECISION PAGE,4 OF 6 I-IC)P21121-I 1)4 OS\'IR'I US FIR I?ARMS 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. The subject property 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) customers per day at the home by appointment only.The hours of operation will be from 8 a.m. to 5 p.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. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Building Official Mark VanDomelen did not respond with any comments or objections to the applicant's proposal. The City of Tigard Police Department was sent a copy of the applicant's proposal. Sergeant Jeffrey Lain of the Tigard Police Department responded on February 24, 2021 with no objections to the applicant's proposal. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal. Deputy Fire Marshal John Wolff responded on March 9,2021 that TVF&R does not have authority over a private residence,but requested to receive a copy of this decision. Staff will comply with this request. SECTION VII. 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 Final Decision: THIS DECISION IS FINAL ON MARCH 31,2021,AND EFFECTIVE ON APRIL 16,2021, 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 NOTICE.OF DECISION PACE 5 OF 6 110P2021-0(R108 VIRTUS FIREARMS 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 APRIL 15, 2021. �I Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503) 718-2438, LinaCS@tigard-or.gov, or City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. .--� March 31, 2021 PREPARED BY: Lina Smith DATE Assistant Planner �^ Z March 31, 2021 APPROVED BY: Tom McGuire DATE Assistant Community Development Director NO'1'IC1?OF DECISION PAGE 6 OF 6 HOP21121-IR XA18 VIRTUS FI1tI,ARMIS COMMENTS Ili I II . NI. iii TIGARD COMPLETENESS REVIEW/REQUEST FOR COMMENTS DATE: February 22,2021 RECEIVED TO: Per Attached FEB 2 4 2021 FROM: City of Tigard Planning Division CITY OF TIGARD PLANNING/ENGINEERING STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Email: LinaCSna,tigard-or.gov HOP2021-00008 - VIRTUS FIREARMS - REQUEST:Applicant requests a Type II Home Occupation Permit to sell firearms and other accessories out of an existing home at 13165 SW Creekshire Drive. Customers will be seen at the home by appointment only between the hours of 8 a.m. to 5 p.m. Maximum of six (6) customers per day allowed by Code. LOCATION: 13165 SW Creekshire Drive (WCTM 2S104CB, Tax Lot 6800). ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.760. Attached are the Applicant's Materials for your review. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY: MARCH 9. 2021. You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact at our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: Sgt. Jeff Lain #33563 S03-70'1, 2 733 v Lina Smith From: Lina Smith Sent: Tuesday, February 23, 2021 8:17 AM To: Jeffrey Lain Subject: RE: Request for comments:Virtus Firearms 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:Jeffrey Lain<jeff.lain@tigard-or.gov> Sent:Tuesday, February 23, 2021 7:19 AM To:Lina Smith <LinaCS@tigard-or.gov> Subject: RE: Request for comments:Virtus Firearms Lina I do remember this one and after reading what you have attached,we do not see a problem with his request. I will send over the form today. Jeff From: Lina Smith <LinaCS@tigard-or.gov> Sent: Monday, February 22, 2021 1:50 PM To:Jeffrey Lain<ieff.lain@tigard-or.gov> Subject: Request for comments:Virtus Firearms Hi Jeff, Not sure if you remember this one at 13165 SW Creekshire Dr. In November,the customer obtained a Type I home occupation permit to sell firearms to customers online. He is now proposing a Type II home occupation permit to have customers come in-person and visit the home.Customers will be seen by appointment only between the hours of 8 a.m. to 5 p.m.The Code allows a max of 6 customers per day. Please let me know by Tuesday, March 9 if PD has any comments or concerns about this one. Thank you, Lina 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 1 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." II C $111 7 I c A l:n COMPLETENESS REVIEW/REQUEST FOR COMMENTS DA1'E: February 22,2021 RECEIVED TO: Per Attached FEB 2 4 2021 FROM: Cityof Tigard Planning Division CITY OF TIGARD PLANNING/ENGINEERING STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503)718-2438 Email:LinaCS(a tigard-or.gov HOP2021-00008 - VIRTUS FIREARMS - REQUEST:Applicant requests a Type II Home Occupation Permit to sell firearms and other accessories out of an existing home at 13165 SW Creekshire Drive.Customers will be seen at the home by appointment only between the hours of 8 a.m. to 5 p.m. Maximum of six (6) customers per day allowed by Code. LOCATION: 13165 SW Creekshire Drive (WCTM 2S104CB, Tax Lot 6800). ZONE: R-7: Medium-Density Residential Zone. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.760. Attached are the Applicant's Materials for your review.If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY:MARCH 9.2021.You may use the space provided below or attach a separate letter to return your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if you have any questions. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: 1 XWe have reviewed the proposal and have no objections to it. Please contact at our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: Sgt,Jeff Lain #33563 c03-704!- 2 733 I Lina Smith From: Wolff,John F. <John.Wolff@tvfr.com> Sent: Tuesday, March 9, 2021 3:28 PM To: Lina Smith; Mark VanDomelen Subject: Re: Request for Comments:Virtus Firearms Warning!This message was sent from outside your organization and we are unable to Allow sender I Block sender verify the sender. 1 Hello Lina, Thank you for the heads up. I certainly can understand neighbors' concerns and firefighters too can be concerned as first responders to such an occupancy. However, as you know, we have NO authority in a private residence. I would ask that you do notify TVF&R (as you always do) when/if a permit is issued. I will notify the appropriate people and the occupancy may be flagged for responder's awareness and safety should we need to respond to the address in the future. Thank you for thinking of us! John Wolff Deputy Fire Marshal Tualatin Valley Fire and Rescue 503-259-1504 From: Lina Smith<LinaCS@tigard-or.gov> Sent: Monday, February 22, 2021 1:45 PM To:Wolff,John F.<John.Wolff@tvfr.com>; Mark VanDomelen<markv@tigard-or.gov> Subject: Request for Comments:Virtus Firearms ***The sender is from outside TVF&R—Do not click on links or attachments unless you are sure they are safe*** Hi John & Mark, This customer is proposing to sell firearms out of his home at 13165 SW Creekshire Dr. and to have a maximum of 6 customers per day visit the home.Just wanted to route a copy of his application to you both because the last time a customer proposed something like this,the neighbors raised a lot of concerns about fire/life/safety due firearms being on site. If you have comments, please send them to me by Tuesday,March 9. Thank you! Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov 1 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." 2 Lina Smith From: John and Doneta Bradford <bradford9873@gmail.com> Sent: Wednesday, March 17, 2021 9:31 AM To: Lina Smith Subject: Re: HOP2021-00008 Virtus Firearms application materials Caution!This message was sent from outside your organization. Allow sender I Block sender Please send to our home address... 12200 SW 127th Ave,Tigard,OR 97223 Thank you Doneta On Wed, Mar 17, 2021,8:53 AM Lina Smith<LinaCS@tieard-or.gov>wrote: Hi John and Doneta, Since the decision will be sent to you by mail, can you please confirm which address you'd like me to mail it to?Wasn't sure if I should send it to the Creekshire Dr. address or the address on the property tax record (on 127th Ave.) 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:Tuesday,March 16, 2021 3:56 PM To:'John and Doneta Bradford' <bradford9873@gmail.com> Subject: RE: HOP2021-00008 Virtus Firearms application materials Thank you for your e-mail. I will incorporate your comments into the land use case file. Sincerely, 1 Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From:John and Doneta Bradford<bradford9873@gmail.com> Sent:Tuesday, March 16,2021 3:48 PM To:Lina Smith<LinaCS@tigard-or.gov> Subject: Re: HOP2021-00008 Virtus Firearms application materials Lina Smith Assistant PLanner City of Tigard I Community Development In regards to the HOP2021-00008 Virtus Firearms application,we strongly oppose the proposed business being allowed in this neighborhood.The selling of firearms in a children friendly neighborhood is inappropriate and would seriously degrade the character and desirability of the neighborhood.This area has many families with children and is in close proximity to one of the most pedestrian friendly shopping centers in the Tigard/Beaverton area.The immediate portion of this neighborhood where this is proposed has several rental properties suitable to families and is highly sought after for that reason. Having a firearms business on this secluded street would be a significant deterrent to potential renters, having a direct impact on our ability to attract and maintain quality renters. Please give this serious consideration in your evaluation of the application and deny the request. Respectfully, John and Doneta Bradford, owners 13125 SW Creekshire Dr.,Tigard On Mon,Mar 15, 2021 at 12:18 PM Lina Smith<LinaCS@tigard-or.eov>wrote: 2 Thank you for talking to me on the phone.Attached are the applicant's materials for your review. If you'd like to submit written comments, please feel free to e-mail them to me. Let me know if you have any questions. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tgard-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." 3 Lina Smith From: jasdthomp@aol.com Sent: Wednesday, March 17, 2021 8:42 AM To: Lina Smith Subject: Case HOP2021-00008 Attachments: Creekshire Permit.docx Caution!This message was sent from outside your organization. Allow sender I Block sender To: Lina Smith, Assistant Planner Attached are our comments regarding the Virtus Firearms permit request. We are also forwarding a copy via regular mail. Thank you for consideration of our thoughts. Jim &Susan Thompson 503-957-5895 1 Lina Smith From: jasdthomp <jasdthomp@aol.com> Sent: Thursday, March 18, 2021 6:46 AM To: Lina Smith Subject: RE: Case HOP2021-00008 Caution!This message was sent from outside your organization. Allow sender I Block sender The address is correct. Thanks, Thompsons Original message From: Lina Smith <LinaCS@tigard-or.gov> Date:3/17/218:54 AM (GMT-08:00) To:jasdthomp@aol.com Subject: RE:Case HOP2021-00008 Thank you. I will incorporate your comments into the land use case file,and you will receive a copy of the decision in the mail. Please confirm this is the mailing address you'd like the decision send to: 6901 SE Oaks Park Way,slip 14 Portland,OR 97202 Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov 1 From:jasdthomp@aol.com<jasdthomp@aol.com> Sent: Wednesday, March 17, 2021 8:42 AM To:Lina Smith<LinaCS@tigard-or.gov> Subject:Case HOP2021-00008 To: Lina Smith, Assistant Planner Attached are our comments regarding the Virtus Firearms permit request. We are also forwarding a copy via regular mail. Thank you for consideration of our thoughts. Jim & Susan Thompson 503-957-5895 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." 2 March 17,2021 Lina Smith,Assistant Planner RECEIVED City of Tigard Planning Division MAR 2 4 2021 13125 SW Hall Blvd. CITY OF TIGARD Tigard,OR 97223 I'LANNING/ENGINEERING Re: Virtus Firearms Case.#HOP2021-00008 To:Una Smith,Assistant Planner I would like to submit the following comments related to the above referenced applicant's request for a Type II Home Occupation Permit.As this permit would allow a retail operation to function in a residential area specifically zoned R-7: Medium-Density Residential,the following information should be considered: (Note:As a matter of full disclosure,I am co-owner of 6 properties on the opposite side of Creekshire Drive from applicant,specifically addresses 13130,40,50,60,80,&120 Creekshire Drive. I have owned these properties since 2005.) 1.One of the primary reasons for land use planning laws and regulations is to allow for strict separation of residential areas from other commercial purposes such as retail.The neighborhood in question is quintessentially suburban residential and zoned that way for a purpose. 2.This area is located at the end of a significant residential complex.There no curbs along the street,no sidewalks on the side of the applicant,and the street is not even striped to indicate traffic lanes.Adding retail to this environment would overly tax the infrastructure by adding increased traffic flow which was surely never anticipated nor intended. Further,this increased traffic would be a significant safety issue as the yards are small in this area and most of the dwellings are family dwellings with many children present. Much of the time,the street is used as a playground,and overall recreation area.It is a dead end--no outlet--street and lends itself quite well for this type of play area. 3.Parking would be a significant issue if retail were allowed in this setting. There is even a sign right in front of the applicants dwelling that says,"No Parking—Fire Lane".The applicant frequently must park one of their own vehicles in their side yard.Parking has always been an issue given the density of the dwellings in this neighborhood and the number of cars already present. 4.The potential for a significant decrease in property values,lesser rental income and potential decreased occupancy rate is real and easily anticipated.When these properties were purchased by us in 2005,this area was specifically sought out because of its location—both specifically the area,but Tigard and Washington County in general due to their respect towards property values and land use planning laws.Our retirement income is based on these properties providing for us. 5.The precedent set by approving such a request would be almost irreversible.If you permit one type of retail,how can you then not permit another,and another,and another.This becomes a slippery slope that once you step onto,it is hard to return from.One could see not only an immediate impact from such a move,but also a multiplier effect. 6.A significant number of sites within a few miles of the applicant and within a retail zoning exist and should be used,as per their intended purpose.No hardship exists for the applicant to pursue alternate locations beyond a prime residential area.Currently,there exists more than 10 vacant and small retail sites within 3 miles of this applicant. 7.Although the applicant suggests there will be no employees and will operate only between the hours from 8:00a.m.to 5 p.m.,one questions how that would be adequately policed.And although by appointment only, how many appointments at a time would be allowed or permitted--and who polices that.Further,who polices the 6 customers a day.Again,a significant precedent is set. 8.Regarding the Tigard Police having no objections,it is unclear as to why they would be consulted in a land use question.It is also not clear as to who with the Tigard Police was consulted.And who did the consulting—the applicant of City Planning staff? While there are appropriate locations for mixed use(retail/residential)zoning,they exist in primarily urban settings with retail on the first floor and residential above.That is surely not the case in this situation.As explained,it is quintessentially a quiet suburban residential neighborhood and perhaps the last place one would think a retail establishment of any type would be permitted.Although we appreciate the efforts of this aspiring businessperson to pursue their passion,this is surely not the place for such a pursuit. Thank you for considering our thoughts and do hope you give them serious consideration. ' cer 7.1s)�� James&Susn Thompson 1 6901 SE Oaks Park Way,slip 14 Portland,OR 97202 iasdthomp@aol.com susanthomn(5 comcast.net CC:Email to:LinaCS(atieard-or.eov S.Walters Properties LLC 791 NE Rogahn Street Hillsboro, OR 97124 RECEIVED MAR 2 4 2021 March 19, 2021 CITY OF TIGARD PLANNING/ENGINEERING Lina Smith,Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard,OR 97223 RE: Notice of Land Use Application,Joseph G. Morris,Virtus Firearms 13165 SW Creekshire Drive Tigard, OR 97223 WCTM 2S104CB,Tax Lot 6800 Case Number:HOP2021-00008 Dear Lina: Please accept our letter to oppose the applicant's request to sell firearms/accessories out of a home on Creekshire Drive. We are part owners of homes on Creekshire Drive. This is a community of families living in a residential neighborhood zoned medium-density residential. The activity of selling firearms is commercial/retail in nature and not appropriate in a residential setting. This commercial activity will also negatively impact the neighborhood with increased traffic flow and parking issues for the residents. This is not something the residents should have to deal with. The other issue of concern is the number of customers per day who will enter the home. While the request indicates the applicant will see a maximum of six customers per day,who is going to monitor this? Is the applicant accountable to anyone? The livability of this neighborhood is of utmost importance to us. The notion of selling firearms from a home on the same street where children play,people walk their dogs and families visit is not a comforting thought. Selling firearms needs to be present in a commercial/retail area which can accommodate traffic,parking and customers. We appreciate the opportunity to voice our concerns. Hopefully you'll agree with our points made above and decline the applicant's request. Thank you for your consideration. Rega ds, in I\4AA.. C-- II: iaiIw ///) ott D.Walters Sara C.Walters March 17,2021 Lina Smith,Assistant Planner RECEIVED City of Tigard Planning Division MAR 2 4 2021 13125 SW Hall Blvd. Tigard,OR 97223 CITY TIGARD PLANNING/ENQFGINEERING Re: Virtus Firearms Case.# HOP2021-00008 To: Lina Smith,Assistant Planner I would like to submit the following comments related to the above referenced applicant's request for a Type II Home Occupation Permit.As this permit would allow a retail operation to function in a residential area specifically zoned R-7: Medium-Density Residential,the following information should be considered: (Note:As a matter of full disclosure, I am co-owner of 6 properties on the opposite side of Creekshire Drive from applicant,specifically addresses 13130,40,50, 60,80,& 120 Creekshire Drive. I have owned these properties since 2005.) 1.One of the primary reasons for land use planning laws and regulations is to allow for strict separation of residential areas from other commercial purposes such as retail.The neighborhood in question is quintessentially suburban residential and zoned that way for a purpose. 2.This area is located at the end of a significant residential complex.There no curbs along the street, no sidewalks on the side of the applicant,and the street is not even striped to indicate traffic lanes. Adding retail to this environment would overly tax the infrastructure by adding increased traffic flow which was surely never anticipated nor intended. Further,this increased traffic would be a significant safety issue as the yards are small in this area and most of the dwellings are family dwellings with many children present. Much of the time,the street is used as a playground,and overall recreation area. It is a dead end---no outlet---street and lends itself quite well for this type of play area. 3. Parking would be a significant issue if retail were allowed in this setting. There is even a sign right in front of the applicants dwelling that says, "No Parking—Fire Lane".The applicant frequently must park one of their own vehicles in their side yard. Parking has always been an issue given the density of the dwellings in this neighborhood and the number of cars already present. 4.The potential for a significant decrease in property values, lesser rental income and potential decreased occupancy rate is real and easily anticipated.When these properties were purchased by us in 2005,this area was specifically sought out because of its location---both specifically the area, but Tigard and Washington County in general due to their respect towards property values and land use planning laws.Our retirement income is based on these properties providing for us. 5.The precedent set by approving such a request would be almost irreversible. If you permit one type of retail, how can you then not permit another,and another,and another.This becomes a slippery slope that once you step onto, it is hard to return from. One could see not only an immediate impact from such a move, but also a multiplier effect. 6.A significant number of sites within a few miles of the applicant and within a retail zoning exist and should be used,as per their intended purpose. No hardship exists for the applicant to pursue alternate locations beyond a prime residential area. Currently,there exists more than 10 vacant and small retail sites within 3 miles of this applicant. 7.Although the applicant suggests there will be no employees and will operate only between the hours from 8:00a.m.to 5 p.m.,one questions how that would be adequately policed.And although by appointment only, how many appointments at a time would be allowed or permitted---and who polices that. Further,who polices the 6 customers a day.Again,a significant precedent is set. 8. Regarding the Tigard Police having no objections, it is unclear as to why they would be consulted in a land use question. It is also not clear as to who with the Tigard Police was consulted. And who did the consulting---the applicant of City Planning staff? While there are appropriate locations for mixed use(retail/residential) zoning,they exist in primarily urban settings with retail on the first floor and residential above.That is surely not the case in this situation.As explained, it is quintessentially a quiet suburban residential neighborhood and perhaps the last place one would think a retail establishment of any type would be permitted.Although we appreciate the efforts of this aspiring businessperson to pursue their passion, this is surely not the place for such a pursuit. Thank you for considering our thoughts and do hope you give them serious consideration. cer- / 6.4 James&Sus.n Thompson 6901 SE Oaks Park Way, slip 14 Portland,OR 97202 iasdthomoPaol.com susanthomracomcast.net CC: Email to: LinaCS ac tigard-or.gov S.Walters Properties LLC 791 NE Rogahn Street Hillsboro, OR 97124 RECEIVED MAR 2 4 2021 March 19, 2021 CITY OF TIGARD PLANNING/ENGINEERING Lina Smith,Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 RE: Notice of Land Use Application, Joseph G. Morris, Virtus Firearms 13165 SW Creekshire Drive Tigard, OR 97223 WCTM 2S104CB, Tax Lot 6800 Case Number: HOP2021-00008 Dear Lina: Please accept our letter to oppose the applicant's request to sell firearms/accessories out of a home on Creekshire Drive. We are part owners of homes on Creekshire Drive. This is a community of families living in a residential neighborhood zoned medium-density residential. The activity of selling firearms is commercial/retail in nature and not appropriate in a residential setting. This commercial activity will also negatively impact the neighborhood with increased traffic flow and parking issues for the residents. This is not something the residents should have to deal with. The other issue of concern is the number of customers per day who will enter the home. While the request indicates the applicant will see a maximum of six customers per day, who is going to monitor this? Is the applicant accountable to anyone? The livability of this neighborhood is of utmost importance to us. The notion of selling firearms from a home on the same street where children play, people walk their dogs and families visit is not a comforting thought. Selling firearms needs to be present in a commercial/retail area which can accommodate traffic, parking and customers. We appreciate the opportunity to voice our concerns. Hopefully you'll agree with our points made above and decline the applicant's request. Thank you for your consideration.490 \_,,o(A AL 1 . t 1141-1Vd-- iRega ds, n colt D.Walters Sara C. Walters PUBLIC NOTICES II AFFIDAVIT OF MAILING 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 Decision FOR: Virtus Firearms HOP2021-00008 ❑ 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, March 31.2021 and deposited in the United States Mail on March 31.2021 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the / day of cICIt'e'-- .2021. or-FICIAL STAMP EDARD°MALDONADO ti...L,RY�rl1BLIC OREGON _ /074715r COMMIS BION NO 991417 MY COMh11`_:SI0N OCTOORER 01 2023 NOTARY Pi1BLIC OF OREGON My Commission Expires: WW.2023 Li' HJ T Notice of Land Use Decision 11111 Virtus Firearms TIGARD Case No. HOP2021-00008 March 31, 2021 Dear Neighbor, The application described below has been APPROVED. This decision is final on March 31, 2021, and will go into effect on April 16, 2021, 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 APRIL 15, 2021 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: Joseph G. Morris 13165 SW Creekshire Drive Tigard, OR 97223 Property Owner: Same as applicant Location: 13165 SW Creekshire Drive;WCTM 2S104CB, Tax Lot 6800 Project Name: Virtus Firearms Case Number: HOP2021-00008 Request: The applicant requests a Type II Home Occupation Permit to sell firearms and accessories out of an existing home at 13165 SW Creekshire Drive. The applicant proposes to see a maximum of six (6) customers per day at the home by appointment only. The hours of operation will be from 8 a.m. to 5 p.m.The applicant will not have any employees. Zone: R-7: Medium-Density Residential Approval Criteria: Community Development Code (CDC) Chapter 18.760 City of Tigard, Community Development Department • 13125 SW Hall Boulevard,Tigard,Oregon 97223 Page 1 of 2 ter► 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 Sys'Hall Boulevard,Tigard,Oregon 97223 Page 2 of 2 E9r19il ...d _ 6 City ofTigard City ofTigard ., Community Development q Community Development ATTN: Lina Smith : • .. ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 JOSEPH G. MORRIS JOHN AND DONETA BRADFORD 13165 SW CREEKSHIRE DRIVE 12200 SW 127TH AVENUE TIGARD, OR 97223 TIGARD, OR 97223 City ofTigard City ofTigard ., Community Development ., Community Development : ATTN: Lina Smith iIll : • ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 JAMES AND SUSAN THOMPSON S. WALTERS PROPERTIES, LLC 6901 SE OAKS PARK WAY, SLIP 14 ATTN: SCOTT D. AND SARA C. WALTERS PORTLAND, OR 97202 791 NE ROGAHN STREET HILLSBORO, OR 97214 II AFFIDAVIT OF MAILING 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: Virtus Firearms HOP2021-00008 ❑ 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, March 10.2021 and deposited in the United States Mail on March 10.2021 ,postage prepaid. rt .� Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the /1 day of �/� .2021. , , l-H?O MAl C;ONADO NOTARY PU , IC OF OREGON My Commission Expires: /0"'b/-ZC2 , EXHIBIT A IPNo IINotice of Land Use Application ■ Virtus Firearms TIGARD Case No. HOP2021-00008 March 10,2021 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 MARCH 24,2021 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: Joseph G. Morris 13165 SW Creekshire Drive Tigard, OR 97223 Property Owner: Same as applicant Location: 13165 SW Creekshire Drive;WCTM 2S104CB,Tax Lot 6800 Project Name: Virtus Firearms Case Number: HOP2021-00008 Request: The applicant requests a Type II Home Occupation Permit to sell firearms and accessories out of an existing home at 13165 SW Creekshire Drive. The applicant proposes to see a maximum of six (6) customers per day at the home by appointment only. The hours of operation will be from 8 a.m. to 5 p.m.The applicant will not have any employees. The City of Tigard Police Department reviewed the applicant's proposal, and had no objections. Zone: R-7: Medium-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 2of2 , I Pottia nil i Vicinity Map I 13 eavtzon i 1 ! I , i • "riga( a i City of Tigard, Oregon , I 1 I I Case Number: HOP2021-00008 I . - Project: Virtus Firearms •,--. r '4* .., '-... ......4Subject Site , ,....., T' J e sl.F.,h '•‘:' .... ,, .,4 I 1 .. :.,,,,q., i .._ 1., 1.-,,,-.r.':, rf, .1 C. V,L. ."? ',.., ,..; ....„,,' ..,' .,.., Data is derived from multiple sources The Cay of Tigard ......, -.... makes no warranty.representatton.or guarantee as ta " . assume no liability for any errors,ornrsstons.or ‘.. inaccuracies in the informanon provided regardless of '.. Z., . ,—..., 's•.. TS g , IMI . . .... Scale. 0.04 Miles ! City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 ; .. . . . i, Map Created: (503) 639-4171 ; "`"',,`.: te ' ' ,-..- '1st ' 4 03/03/2021 www.tigard-or.gov I RAT D ----•. r EXHIBIT B 2S104CB02200 2S 105DA 17700 ALLENDER,TARA&THOMAS AL\L\NSOORI,NASSER SAIF 13008 SW ASCENSION DR 14610 SW CATALINA DR TIGARD,OR 97223 TIGARD,OR 97223 multiple A 1'1N:DONNY LEE APOLLO PROPERTIES INC SECTOR HOUSING OFFICER 121 SW MORRISON ST SIL 875 2185 SE 12TH PLACE PORTLAND,OR 97204 WARRENTON, OR 97146 2S104CB06400 BEILKE,SUSAN BASS,JA\LESON&MEGAN 11755 SW 114TH PLACE 13205 SW HIDDEN CREEK PL TIGARD,OR 97223 TIGARD,OR 97223 2S104CB07000 BUEHNER,GRETCHEN BRADFORD,DONETA L FAMILY TRUST PO BOX 230268 12200 SW 127TH AVE TIGARD,OR 97281 TIG-1RD,OR 97223 CAFFALL,REX CAROL RENAUD 13205 SW VILLAGE GLENN COUNTY ADMINISTR-1TIVE OFFICE -CO\JIUNITY TIGARD,OR 97223 ENGAGEMENT 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 2S104CB02500 CITY OF TIGARD CASEY,SHAUN&KAREN ATTN:LINA SMITH 13044 SW ASCENSION DR 13125 SW HALL BLVD. TIGARD,OR 97223 TIGARD, OR 97223 CONNERY,STACY CRAGHEAD,ALEXANDER 12564 SW\LAIN STREET 12205 SW HALL BOULEVARD TIGARD,OR 97223 TIGARD,OR 97223-6210 2S104CB02000 DEFILIPPIS,VICTOR DAVIS,JOHN SCO I"I &DOREEN K 13892 SW BRA\'DON CT 13037 SW ASCENSION DR TIGARD,OR 97224 TIGARD,OR 97224 2S 105DA 17400 2S 105DA01700 DONNELLY,THOMAS E&MARY M DOZIER,GARY L&AMANDA PAIGE 14540 SW CAT-1LINA DR 13009 SW CREEKSHIRE DR TIGARD,OR 97223 TIGARD, OR 97223 2S104CB06900 ENGVALL,ANN DYKIER,LAWRENCE&PAMELA 15461 SW 82 PL 13145 SW CREEKSHIRE DR TIGARD,OR 97224 TIGARD,OR 97223 2S104CB06500 FROUDE,BEVERLY FOE,CHRISTINE 12200 SW BULL MOUNTAIN ROAD 13195 SW HIDDEN CREEK PL TIGARD,OR 97224 TIGDRD,OR 97223 2S105DA16800 2S105DA01600 GILCHRIST,CLAIRE GRECH,DAVID 13280 SW NAHCO 1"I A DR 14610 SW JENSHIRE LN TIGDRD,OR 97223 TIGARD,OR 97223 HADLEY,BONNIE CHAIR CPO 4B 2S104CB02400 16200 SW PACIFIC HWY,SUITE H,BOX 242 HALLAM LIVING TRUST TIGARD,OR 97224 BY HALLAM,DOUGLAS&CYNTHIA TRS 13032 SW ASCENSION DR TIG-1RD,OR 97223 HAMILTON,LISA CPO 4B VICE CHAIR 2S105DA01800 13565 SW BEEF BEND ROAD HARTWICK,GERALD D&PEGGY TIG-1RD,OR 97224 13021 SW CREEKSHIRE DR TIGARD,OR 97223 HERING,J. BLAKE 2S104BC01700 GANTRY,INC. HOHNBAUM,MICHAEL LEE&KARI ROCHELLE 121 SW MORRISON,SUI 1'E 210 14160 SW FERN ST PORTLAND,OR 97204 TIGDRD,OR 97223 2S104CB01900 HOWLAND,HAROLD AND RUTH HOWE,RICHARD H&CAROL L 13145 SAY/BENISH 13043 SW ASCENSION DR TIG-1RD,OR 97223 TIGARD,OR 97223 2S105AD07500 2S104CB05600 JORGENSEN,DALE F&MICHELLE A JOYCE ENTERPRISES INC 12986 SW CREEKSHIRE DR 12482 SW BROOK CT TIG-1RD,OR 97223 TIG-1RD,OR 97223 2S105DA17500 2S104CB04900 KINTIGH,LUKE&JACQUELINE KUHN,CHARLENE M 14560 SW CATALINA DR 13020 SW CREEKSHIRE DR TIGARD,OR 97223 TIGARD,OR 97223 2S 105DA 17200 2S104CB02600 LAI,NLINCHI LAUG,SIMON 0&JOHANNA L SO,KAM FAI 13060 SW ASCENSION DR 13245 SW NAHCOTTA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104CB05700 LISA HAMILTON LENTZ,JACQUELINE CPO 4B VICE-CHAIR 13160 SW CREEKSHIRE DR 16200 SW PACIFIC 1-I Y SUITE H BOX 242 TIGARD,OR 97223 TIGDRD,OR 97224 LONG,JIM CHAIR,CPO 4M 2S104CB06700 10655 SW HALL BLVD. MESHCHYSITYN,DIY TRO TIGARD,OR 97223 EGGO,ERIKA L 13175 SW CREEKSHIRE DR TIG-1RD,OR 97223 MILDREN,GENE 2S104CB01800 MILDREN DESIGN GROUP MILLAN,PATRICIA EDEN FERNANDEZ 7650 SW BEVELAND ST,SIE 120 MIILLAN,JOSE M\ ARIO MORELOS JR TIGARD,OR 97223 13059 SW ASCENSION DR TIGARD,OR 97223 2S104BC06000 2S104CB04800 MOON,S I'LVEN&CALLIE MOORE,SHEILA D 20680 SW LEBEAU RD 13008 SW CREEKSHIRE DR SHERWOOD,OR 97140 TIG-1RD,OR 97223 2S104CB06800 MURDOCK,NATHAN AND ANN MORRIS,JOSEPH G 7415 SW SPRUCE STREET MORRIS,JOSEPH GILBERT TIGARD,OR 97223 13165 SW CREEKSHIRE DR TIGARD,OR 97223 2S104CB06200 NEAL BROWN. GRI NAKAMOTO,VINCE EDWARD JR&KENDRA EFFIE MEADOWS INC REALTORS 13245 SW HIDDEN CREEK PL 12655 SW NORTH DAKOTA STREET TIGARD,OR 97223 TIGARD,OR 97223 2S104BC05900 2S104BC05800 OLVERA,FROYLAN GARCL-1&FILAGONIA V OTEY,JERED D 14450 SW FERN ST 12985 SW ASCENSION DR TIGARD,OR 97223 TIGARD,OR 97223 multiple 2S105DA17600 PACIFIC CREST HOMEOWNERS ASSOCIATION PIERCE,KENNETH W BY NW COMMUNITY MGT 14580 SW CATALINA DR 7000 SW HAMPTON ST S-205 TIGARD,OR 97223 TIGARD,OR 97223 ROGERS,KA IL 2S105AD07400 9527 SW BROOKLYN LN ROLLER,JAMES MYERS JR&AMBER TIGARD,OR,97224 13000 SW CREEKSHIRE DR TIGARD, OR 97223 RORML\N,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 multiple SAVANNAH EDSON S WELTERS PROPERTIES LLC METROPOLITAN LAND GROUP,LLC JDT OREGON PROPERTIES 5 LLC 17933 NW EVERGREEN PARKWAY, SUITE 300 791 NE ROGAHN ST BEAVERTON,OR 97006 HILLSBORO,OR 97124 9 multiple 2S104BC05600 SIERRA PACIFIC COMMUNITIES LLC SKIDMORE,JOHN T PO BOX 1754 12992 SW ASCENSION DR LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2S104CB06300 2S105DA16600 SNL-1RT,ROBERT BRENDON SMITH,MICHAEL&JACQUELINE GUERRA,INGRID J COMPAORE-TERR-1SSON,CHANTAL 13225 SW HIDDEN CREEK PL 13310 SW NAHCO LI A DR TIGARD,OR 97223 TIGARD,OR 97223 SPRING,BRAD 2S104CB06600 7555 SW SPRUCE STREET STEELE,KATIE A TIGARD,OR 97223 13185 SW CREEKSHIRE DR TIG-1RD,OR 97223 SUNDBERG,ROSS 2S104CB07100 16382 SW 104TH AVE SZYIL\NSKI,TOM TIGARD,OR 97224 13085 SW CREEKSHIRE DR TIGARD,OR 97223 TTSD 2S109BC07000 ATTN:DAVID MOORE USA DEPT OF ENERGY 6960 SW SANDBURG ST BONNEVILLE POWER ADMINISTR-1TION TIGARD,OR 97223 PO BOX 3621 PORTLAND,OR 97208 2S104CB02300 WEGENER,BRIAN VORHEES,JASON&KARYN LIVING TRUST 9830 SW KIMBERLY DRIVE 13026 SW ASCENSION DR TIG-1RD,OR 97224 TIGARD,OR 97224 2S104CB01700 2S105DA16700 WOLF FAMILY TRUST WOODBURN,GEOFFREY LAWRENCE BY WOLF,BRYAN E&MAUREEN j TRS WOODBURN,JESSICA GAIL 13075 SW ASCENSION DR 13290 SW NAHCO 1"1 A DR TIGARD,OR 97223 TIG-1RD,OR 97223 2S105DA17300 2S105DA16900 WRIGHT,ALLAN&MELODIE YEE,CHRISTL-\N C&JENNY T 13235 SW NAHCOTTA DR 13270 SW NAHCOTTA DR TIG-1RD,OR 97223 TIGARD,OR 97223 2S105DA01500 ZANDECKI,JULIA C&JAMES D 14632 SW JENSHIRE LN TIGARD,OR 97223 APPLICANT vIATERIALS Case #: HOP2021-00008 City of Tigard p . COMMUNITYDEVELOPMENTDEPARTMENT 67TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) O Modification: U Type I ( I Type II ❑ Adjustment ❑ Planned Development: ❑ Annexation O Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use O Detailed Plan ❑ Downtown Development Review: ❑ Sensitive Lands Review: O Type I O Type II U Type I O Type II O Type III O Adjustment ❑ Site Development Review: O Type I O Type II ® Home Occupation—Type II ❑ Subdivision ❑ Land Partition ❑ Temporary Use Permit ❑ Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: ❑ Marijuana Facility Permit Li Modification O Discretionary Review O Miscellaneous: ❑ Zoning Map Amendment O Type II O Type III PROJECT INFORMATION Project name: Virtus Firearms Brief description of project: In home. small retail firearms & accessories sales . Less than 450 sq ft space use of half garage for sales . SITE INFORMATION Location (address if available): 13165 SW CREEKSHIRE DR TIGARD, OR 97223 Tax map and tax lot number(s): 2 S 10 4 CB 0 6 8 0 0 Site size: 3, 411 sq ft ( . 08 acres) Zone: 1010—Residential Improved APPLICANT INFORMATION Name: JOSEPH MORRIS Mailing address: 13165 SW CREEKSHIRE DR City/State: TIGARD, OR Zip: 97223 Phone: 971-340-9336 Email: JJETLI76@YAHOO.COM 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 tieardplanneronduty n,tig-ard-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. )J� JOSEPH MORRIS 02/11/2021 Ap tcant'/signature* Print name Date 4I SivN/lb JOSEPH MORRIS 02/11/2021 Pro erty wner's stgn4ture* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF USE ONLY Case No.: HOP2021 00008 Application fee: $344.00 Received by: NT Date: 2/17/2021 Related Case(s): Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 When recorded,return to: American Pcntg �DocPnobe tn:FnlDoumentt� 1820 Swarthmore Avenue PO Box 2132 Lakewood,NJ 08701 Title Order No.: 70003809884 Escrow No.: 70004809884 LOAN 9:000958828 Woos escw1t s Lim ForA.. ,i tt CASE 9:48484-0820411 DEED OF TRUST I MIN 100279340084971304 I MERE PHONE 9:14886794377 a DEFINiT ONS Words used in ndlipte sections of this document we defined below and other words are defined in Sections 3,11,13,18, 20 and 2t Canaan rules re enStg the usage of words used In this document are also provided In Section 18. (A)�"Smutty Instrument"means this document,which is dated December 22,2020, together with al Riders to Oji (5)"Borrower"Is JOSEPH GILBERT MORRIS. 0 Borrower is the trustor under this Security Instrument (C)"Lender"is American Pacific Mortgage Corporation. Lender is a California Corporation, organized and existing under the laws of California. Lender's address is 3000 Lava Ridge Court,Suite 200,Roseville,CA 95681. (0)"Thistee"is First American Title. (E) "MERS"is the Mortgage Electronic Registration Systems Inc.Lender turas appointed MERS mete nominee for Lender for this Loan.and attached a MERS Ritter to this Secretly Instrument,to be executed by Borrower,which further describes the taladonshlp between Lender and MERE,and which is Incorporated into and amends and supplements this Security instrument. (F) "Note"means the promissory note signed by Borrower and dated December 22,2020. The Note states that Borrower owes Lender TWO HUNDRED SIXTY THREETHOUSAND FIVE HUNDRED AND NO/100 Dollars(U.S. $263,800.00 plus Interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1,2051. (0)"Property"means the property that is deserted below under the heading'Transfer of Rights In the Property' (H)"Loan"means the debt evidenced by the Note,plus interefd,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus Interest. OREGON-Bode RUMS-Fannie MeelReddie Moo UNIFORM INSTRUMENT Farm 30MI lief Ble Mw.Inc. Page 1 of 10 OREDEED 0515 'r ••V 12/22/202011 PST ' f 7,�. LOANS:000956826 (I) "RWas"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower(check box asge ): ❑Abie Rate Rider ❑Condominium Rider 0 Second Home Rider ❑Balloon Rider 0 Planned Unit Development Rider I)V.A.Rider ❑1-4 Family Rider ❑Blwaeidy Payment Rider ©Mortgage Electronic Registration Systems,Inc.Rider ❑Other(s)(specify) (J) 'Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and admin- istrative rules and orders(that have the effect of law)as well as all applicable final,non appealable judicial opinions. (K)"Community Association Ods,Fees,and A , 'manse dues,tees,assessments and other charges that are Imposed on Borrower or the Property by a condominium association,homeowners association or simlar organization. (L) "Electronic RmdsTranstsr"means any transfer of funds,other thane transaction originated by chedc,draft,or smear paper instrument,which is Initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a Mandel lnslihhlon to debit or credit en account.Such term includes,but is not limned to, poke-of-sale transfers,automated taller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (U)"Escrow Items"means those hems that are described in Section 3. (N)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described In Section 5)for:(I)damage to,or destruction of, the Properly;(Ii)condemnation or other to ling of all or any part of the Property;(It.)conveyance in lieu of condemnation;or (Iv)misrepresentations of.or omissions as to,the value and/or condition of the Property. (0)'Mortgage Insurance"means Insurance protecting Lender agalrlit the nonpayment of,or default on,the Loan. (P)"Periotic Payment"means the regularly scheduled amount due for(9 principal and interest under the Note,plus (Ii)any amounts under Section 3 of this Security Instrument. (0)"RESPA"means the Real Estate Sellement Procedures Act(12 U.S.C.;21101 et seq.)and Its implementing regulation. • Regulation X(12 C.F.R.Part 1024),as they might be amended from time to lima,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Secuity Instrument,"RESPA"refers to all requirements and restrictions that are imposed In regard to a'federaly related mortgage loan'even If the Loan does not qualify as a Yederaly related mortgage loan'under RESPA. (R)"Successor In Interest of Borrower means any party that has taken We to the Property,whether or not that party has assumed Borrowers obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security instrument secures to Lender:(h)the repayment of the Loan,and ail renewals,extensions and modifications of the Note;and(1)the.. of Borrower's covenants and agreements under this Security Instrument end the Note. For this purpose,Borrower irrevocably grants and conveys to Trustee,in trust,with power of sale,the following described property located In the County of Washington ihw a Rooaane.adawa+t maim a Roominy.triddonl: LOT 21,HILLSHIRE HOLLOW,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON. TOGETHERWITH AN UNDIVIDED INTREST IN TRACT"E". APN/: R2076724 which currently has the address of 13165 SW Crsekehi s Dr,Tigard. Fame FM Oregon 97223 ('Property Address"): fall ccert TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appurtenances, and Thalweg now or hereafter a part of the property.Al replacements end additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instilment as the"Property? BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property Is unencumbered,except for encumbrances of record.Borrower warrants and WA defend generally the tile to the Property against aid claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limed variations by jurisdiction to constitute a uniform security Instrument covering real property. OREGON-Single Fenny-Fannie MarKts lads Mao UNIFORM inerts M&IT Form soot 1/01 Eke Mee.In& Page 2 of 10 OREDEED 0518 OREDEED(MS) •r 12J22/2020 12:44 PM PST • ij)- UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: LOAN# 000956826 1. Payment of Principal,interest,Escrow Hems,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shah also pay funds for Escrow Items pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made in U.S.currency.However,If any check or other instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms,as selected by Lander.(a)cash;(b)money order;(c)meted check,bank check,treasurers check or cashier's check,provided any such check is drawn upon an Institution whose deposits are insured by a federal agency,instrumentality,or entity;or (d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in acootdanoe with the notice provisions in Section 15.Lender may return any payment or partial payment tf the payment or partial payments are Insutideni to bring the titan current Lender may accept any payment or partial payment InsuNWfent to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future,but Lender Is not obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is applied es of he scheduled due date,then Lender need not pay interest on uttappfied funds.Lender may hold such unapplied funds until Borrower males payment to bring the Loan current If Borrower does not do so within a reasonable period of time,Lander shall either apply such funds or return them to Borrower:if not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower night have now or In the future against Lender shall relieve Borrower from making payments due under the Note and this security instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds.Except as otherwise described In this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note;(b)principal due under the Note;(o)amounts due under Section 3.Suc h payments shall be applied to each Periodic Payment In the order in which II became due.Any remaining amounts shall be applied list to late charges,second to any other amounts due under this Security instrument.and then to reduce the principal balance of the Note. If Lender receives a payment filen Borrower fora delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.It more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full.To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied fest to any prepayment charges and then as described in the Note. Any application of payments.Insurance proceeds,or Miscellaneous Proceeds b principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Rinds for Escrow items.Borrower shall pay to Lander on the day Periodic Payments am due under the Note, tree the Nob is paid in full,a sum(tire"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security instrument as a Nen or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Sec. lion 6;and(d)Mortgage Insurance premiums,If any,or any stats payable by Borrower to Lender in Neu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called'Escrow Items'At origination or at any time during the term of the Loan.Lender may require that Community Association Dues,Fees,and Assessments,a any,be escrowed by Borrower,and such dues,fees and assessments shat be an Escrow Item.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless tender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time.Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable,the amours due for any Escrow Items for which payment of Funds has been waived by Lender and.if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"is used in Section 9.It Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,end Borrower tails to pay the amount due for an Escrow Item.Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 b repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow items at any time by a notice given In accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that we then required under this Sectors 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the lime specified under RESPA,and(b)not to exceed tie mardmum amount a lender can require under RESPA.Lender shat estimate the amount of Funds due on the basis of current dela and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Lew. The Rinds shall be held In an Institution whose deposits are insured by a federal agency,hhatrumentaltty,or entity (including Lander,if Lender is an Institution whose deposits are so insured)or 1n any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the erne spediled under RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow items,unless Lender pays Borrower Interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement Is made in writing or Applicable law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds.Lender sham give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held In escrow,as defined under RESPA,Lender shah account to Borrower for Me excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,es defined under RESPA,Lender shad notify Borrower as required by RESPA,and Borrower shai pay to Lender the amount necessary to make up the shortage OREGON-s:,pr Family-Fannie Mn1Frsddie Moo Ute INSTRUMENT Form 30381/01 Cllr Mae,Inc. Page 3 of 10 OREDEED 0518 ,a ORFDEED(MS) , •f 12!221202012:58 PM P8T LOAN 0:000956826 in accordance with RESPA.but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shad notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but In no more than 12 monihy payments. Upon payment In full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Rinds held by Lender. 4. Charges;Liens.Borrower shall pay all~awes,assessments,charges,lines,and impositions attributable to the Property which ran attain priority overthis Security Instrument,leasehold payments or ground rents on the Property,if any, and Community Association Dues,Fees,and Assessments,It any.To the extent that these Items are Escrow Items,Borrower shad pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lander,but only so long as Bor- rower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien while those proceedings are priming,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the hien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender In connection with this Loan. 5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to,earthquakes and floods,for which Lender requires Insurance.This insurance shall be maintained In the amounts(including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can Change during the term of the Loan.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shell not be exercised unrea- sonably.Lender may require Borrower to pay,in connection with tis Loan,either:(a)a one-time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappinge or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. It Borrower tells to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shell cover Lender,but might or might not protect Borrower,Borrower's equity in the Property, or the contents of the Property,against any risk,hazard or lability and might provide greater or lesser coverage than was previously in effect Borrower admowledges that the cost of the Insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtakhed.Any amounts disbursed by Lender under tits Section 6 shall become additional debt of Borrower secured by this Security Instrument These amounts shad bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shad be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee artdror as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give 10 Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by lender,for damage to.or destruction of,the Property,such policy shad indude a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lander.Lender may make proof of loss If not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,any insurance proceeds, whether or not the underlying Insurance was required by Lender,shall be applied to restoration or repair of the Property,lithe restoration or repair is economically feasible and Lenders security is not lessened.During such repair and restoration period, Lender shad have the right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such Inepecfion shell be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the worlds completed.Unless an agreement is made In witting orAppdcable Law requires Interest to be paid on such insurance proceeds,Lender shad not be required b pay Borrower any interest or earnings on such proceeds.Fees for put&adjusters, or other turd parties,retained by Borrower shad not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically basble or Lender's security would be lessened,the keurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,If any, paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may lie,negotiate and sante any available Insurance claim and related matters.If Borrower does not respond wdhin 30 days b a notice from Lendertat the insurance canter has offered to settle a claim,then Lender may negotiate end settle the claim.The 30day period will begin when the notice Is given.In ether event,ort Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds In an amount not to exceed tie amounts unpaid under the Note cents Security Instrument, and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Properly.Lender may use the insurance proceeds ether to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy.Borrower shad occupy,establish,and use the Properly as Borrower's principal residence within 60 days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence OREGON-Single Fumy-Fame MmIFeddIe We UNWORN INSTRUMENT Form SOU 11e1 Ere MN.Inc. Page 4 of 10 ORF.DEFD 0518 OREOEED(CLS) tt 12/221202012:55 PM PST r LOAN#:000956826 for at least one year atter the dale of occupancy,unless Lender otherwise agrees b writing,which consent shall not be unreasonably withheld.or unless extenuating circumstances exist which are beyond Borrower's control. Z Preservation,Maintenance and Protection of the Property;Inspections.Borrower shall not destroy.damage or impair the Property,allowlhe Property to deteriorate or comma waste on the Property.Whether or not Borrower is residing In the Property.Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to Its condition.Unless itis determined pursuant to Section 5 that repair or restoration is not economically feasible.Bor- rower shall promptly repair the Property If damaged to avoid further deterioration or damage.If Insurance or condemnation proceeds are paid in connection with damage to,or the taidng of,the Property,Borrower shall be responelble for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the worlds completed.if the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not reieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause, Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application.Borrower shall be in default it,during the Loan application process.Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading,or inaccurate Information or statements to Lender(or failed to provide Lender with material Information)In connection wait the Loan.Material representations include.but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security instrument If(a)Borrower taps to perform the covenants and agreements contained In this Security instrument,(b)there is a legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument(euchre a proceed- ing in bankrupto,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lenders actions can inctiude,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security instrument(b)appearing in court and(0)paying reasonable atbmeys'fees to protect is Interest in the Property and/or rights under tins Security Instrument,Including its secured position in a bankruptcy proceeding.Secur- ing the Property includes,but Is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain waterfront pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or oft.Although Lender may take action under this Section 9,Lender does not have to do so and Is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any oral actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be pay- able,with such Interest,upon notice from Lender to Borrower requesting payment If this Security instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.Borrower shall not,without ire express written consent of lender,alter or amend the ground lease.If Borrower acquires fee title to the Property,the leasehold and the fee Ste shall not merge unless lander agrees to the merger in writing. 10. Mortgage Insurance.Ii Lender required Mortgage insurance as a condition of making the Loch,Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect.It,for any mason,the Mortgage insurance coverage required by Lender ceases to be available from the mortgage Insurer that previously provided such insurance and Borrower was required to make separately designated payments torero the premiums for Mortgage insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage Insurer selected by.lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in ellen Lender will accept,use and retain these payments es a non-refundable loss reserve in lieu of Mortgage insurance.Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in fra,and Lender shell not be required to pay Borrower any Interest or earnings on such loss reserve.Lender can no longer require less reserve payments it Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an Insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage insurance as aconritieon of maldng the Loan and Borrower was required to maim separately designated payments toward the premiums for Mortgage Insurance,Borrower shalt pay the premiums required to maintain Mortgage Insurance in elect,or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termiation or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)brcertain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage insurance. Mortgage insurers evaluate their total risk on all such Insurance in force from time to time,and may enter Into agree- ments with other parties that share or modify their risk,or reduce lasses.These agreements are on tons and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another Insurer,any minaret any other entity,or any affillate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,In exchange for sharing or modifying the mortgage insurers OREGON-Single Family-Fannie Maa&Freddne Mae UNIFORM RISTRUMENT Form area 1a BSe Mea kr. Page 5 of 10 OREoetro 0518 'I • OREOEEO(CLS) 12/22120201219 PM PST LOAN tit:000958826 risk,or redudng losses.If such agreement provides that an affiliate of Lender lakes a share of the Insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance'Further: (a) Any such agreements will not elect the amounts that Borrower hes agreed to pay for Mortgage Insurance, or any other terms of the Loan.Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements wit not affect the rights Borrower has—if any—with respect to the Mortgage insur- ance wider the Homeowners Protection Act of 1998 or any other Iaw.These lights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have rine Mortgage Insurance terminated automatically,andfor to receive a refund of any Mortgage insurance premiums that were unearned at the time of such cenoslldbn or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,If the restoration or repair Is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the rightly hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken prompt".Lender may pay for the repairs and restoration in a single disbursement or In a series of progress payments as the work is completed.Unless an agreement is made In writing or Applicable Law requires interest to be paid on such Miscel- laneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. N the restoration or repair Is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the mess,M any paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss In value of the Property,the Miscellaneous Proceeds shall be applied to the suns secured by this Security Instrument,whether or not then We,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss In value of the Property In which the fair market value of the Prop- erty Immediately before the partial taking,destruction,or loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument knmediately before the partial taking,destruction,or loss In value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the blowing fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property knmedatey before the partial taking,destruction,or loss In value.Any balance shall be paid to Borrower. in the event of a partial taking,destruction,or loss In value of the Properly In which Met*market value of the Property immediately before the partial taking,destruction,or loss in value Is less than the amount of the sums secured Immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscel- laneous Proceeds shall be applled to the sums sectored by this Security Instrument whether or not the sums are then due. N the Property is abandoned by Borrower,or If,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages.Borrower falls to respond to Lender within 30 days atter the date the notice is given,Lander is authorized to collect and apply the Miscellaneous Proceeds ether to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due.`Opposing Party"means the third party that oven Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shaft be M default M any action or proceeding,whether civli or cxirrhirsl,is begun that,in Lender's judgment, could result In forfeiture of the Property or other material Impairment of Lender's interest in tie Property or rights under this Security instrument Borrower can cure such a default and,If acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruing that,In Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest In the Property or rights under this Security instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest to the Property are hereby assigned and shall be paid to Lender. All M stellaneous Proceeds that am not applied to restoration or repair of the Property shall be applied In the order provided for In Section 2. 12.Borrower Not Released;Forbearance By Lender Not a Walder.Extension of the lime for payment or rnodtcation of amortization of the sums secured by this Beauty instrument gaited by Lender to Borrower or any Successor In interest of Borrower shall not operate to release the liability of Borrower or any Suooessors kr Interest of Borrower.Lender shall not be required to commence„.",•;.1 tl,against any Successor kr interest of Borrower or b ext refuse to end time tor payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any brbearance by Lender hr exercising arty right or remedy Inducing,without limitation,Lender's acceptance of payments from third persons,entitles or Successors in Interest of Bor- rower onrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers;Successors and Assigns BoundBorrower covenants and agrees that Borrower's obligations and iiabiity shall be joint and several.However,any Borrower who co•sigrhe this Security Instrument but does not execute the Note(a"co-signer'):(a)is co-aigning this Security instrument only to mortgage,grant and convey the co-signer's interest In the Property under the terms of this Security Instrument;(b)Is not ilereonally obligated to pay the sums secured by this Security instrument;and(o)agrees that Lender and wry other Borrower can agree to extend,madly forbear or make any 11 rah regard to the terms of this Security instrument or the Note without the co-signers consent Subject to the proviclons of Section 18,any Successor In Interest of Borrower who assumes Borrowers obligations under this Security Instrument in witting,and is approved by Lender,shall obtain ail of Borrower's rights and benefits under this Security instrument.Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In writing.The covenants and agreements of this Security instrument shall bind(except as provided In Section 20)end benefit the successors and assigns of Lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument,Including,but not OREGON-SInOs Family-Fannie NeNPnddle Mao UNIFORM INSTRUMENT Form SOTS 1101 Esu lett..Inc. Page 8 of 10 OREDEB1 0518 MIMED 1212212020 12:58 t PST) LOAN M:000036826 limited to,atorneys'lees,property inspection and valuation fees.In regard to any other"see,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that we expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law Is finally interpreted so that the interest or other loan charges weeded or to be collected In connection with the Loan wooed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted tints will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.It a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge Is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Swayer will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 16. Notices.Al notices given by Renewer or Lender in connection with this Security instrument must be In writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first dans mall or when actually delivered to Borrower's notice address N sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.The notice address shell be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering It or by mating It by first class mall to Lender's address elated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shell not be deemed to have been given to Lender until actually received by Lender tf any notice required by this Security Instrument Is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponcing requirement under this Security Instrument 18.Governing Law;Severablflty;Rules of Construction.This Security instrument shell be governed by federal law and the law of the jurisdiction in which the Property Is located.All nights and obligations contained in this Security Instru- ment are subject to any requirements and limitations of Applicable Law.Applicable taw might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shell not be construed as a prohibition against agreement by contract.In the event that any provision or clause of this Security instrument or the Note confide with Applicable Law, such conflict shall nol affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument(a)words of the masculine gender shall mean and Include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and Include the plural and vice versa;and (c)the wad'may"gives sole discretion withhout any obligation to take any action. 17. Borrower'%Copy.Borrower shall be given one copy of the Note and of this Security Instrument 18.Theodor of the Property ora Banked Interest In Borrower.As used in this Section 18,Interest in the Property" means any legal or beneficial interest In the Property,including,but not limited to,those beneficial Interests transferred in a bond for deed,contract for deed,Installment sales contract or escrow agreement,the intent of which Is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is nota natural person and a beneficial interest kr Borrower Is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all Burs secured by this Security Instrument However,this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender exercises this option,Lander shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the dale the notice Is given in accordance with Section 16 within which Borrower must pay all sums secured by this Security Instrument.If Borrower falls to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate AftarAcceleration.It Borrower meets certain conditions,Borrower shall have the right to have: ,: :„of this Security Instrument discontinued at any time prior to the earliest of:(a)live days before sale of the Property pursuant to any power of sats contained in this Security Instrument(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Itstru- ment.Those corditiors are that Borrower.(a)pays tender al sums which h then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures wry defatit of any other covenants or agreements;(a)pays all expenses enses incurred In enforcing Ws Security Instrument,Including,but not limited to,reasonable attorneys'fees,property inspection and valuation fees,and other fees Incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument,and Borrower's obligation b pay the sums secured by this Security instrument,shall continue unchanged.Lander may require that Borrower pay such reinstatement sums and expenses In one or more of the following forms,as selected by Lender:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are Insured by a federal agency,instrumentality or entity;or(d)Electronicc Funds Vander.Upon reinstatement by Borrower,this Security Instrument and obligators secured hereby shall remain fully effective as If no acceleration had occurred.However, this right to reinstate shall not apply In the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servitor;Notice of Orfevance.The Note Or a partial Interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing.li the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be moon-Sinde Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fpm 30331/01 EW Mee,Ins. Page 7 of 10 OREDE a cLsl .t OREOEO(CLS) 12122x202012 se PM PSY Ori LOAN 0:000958828 transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Nether Borrower nor Lender may commence,join,or be Joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given In compliance with the requirements of Section 15)of such sloped breach and albnded the other party hereto a reasonable period alter the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances.As used In this Section 21:(a)"Hazardous Substances'are those substances defined as toxic or hazardous substances,potiutarns,or wastes by Environmental Law and the following substances:gasoline,kerosene, other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaidetyde,and radioactive materials;(b)"Environmental Lax"means federal laws and laws of the jurisdiction where the Property is located that relate to heath,safety or environmental protection;(C)'Environmental Cleanup Includes any response action,remedial action,or removal action,as defined In Environmental Law;and(d)an'Environmental Condition" means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor allow anyone else to do, anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condi- tion,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(Including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any Investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition,inducting but not limited to,any spiting, leaking,discharge,release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence, use or release ci a Hazardous Substance which adversely affects the value of the Property.If Borrower teams.or Is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance electing the Property is necessary,Borrower shat promptly take all necessary remedial salions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender to an Environmental Cleanup. NON.UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides ottsrwlae).The notice shell specify:(a)the default;(b)the action required to cure the default;(c)a dale,not less than 30 days from the date the notice le given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date*pacified In the nodes may result In aced- oration of the sums secured by this Security Instrument and sale of the Property.The notice shat further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to aseertthe non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified in the notice,Lender at Its option may require Immediate payment In full of all sums secured by this Security instrument without further demand end may invoke the power of sale and any other remedies permitted by Applicable Low.Lender shall be entitled to collect alt expenses incurred in pursuing the remedies provided In this Section 22,Including,but not hotted to,reasonable attorneys'fess and rests o1 title evidence. If Lender invokes the power of sale,Lander shall execute or cause Trustee to execute a written notice of the occurrence of an event of default end of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any part of the Property is located.Lender or'irustee shall give n oticed sate in the manner prescribed by Applicable Law to Borrower and to other persons prescribed by Appli- cable Law.After the time required by Applicable f aw,Ifustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and piece and under the terms designated In the notice of sale In one or more parcela and In any orderltustee determines.ltustes may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.Lender or its designee may purchase the Property Many sale. Trustee shell deliver to the purahaserTrustee's deed conveying the Property without any covenant or warranty, expressed or Implied.The recitals in theTMustsa's deed shell be prime fade evidence of the truth of the statements meds t ereln.Truetee shall*pity the proceeds of the sale in the following order:(a)to ail expenses of the sale, Including,but not limited to,reasonable Trustee's and attorneys'fess;(b)to all sums secured by this Security instrument;and(c)any stoosse to the person or persons legally entitled to it. 23.Reconveyance.Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to reconvey the Property and shall surrender this Security instrument and all notes evidenxdng debt secured by this Security Instrument to litotes.Trustee shall reoonvey the Property without warranty to the person or persons legally entitled to It. Such person or persona shall pay arty recordation costs.Lender may charge such person or persons a fee for reconveying the Properly,but only n the fee is paid to a third party(such as the Trustee)for services rendered and the charging of the fee is permitted under Applicable Law. 24.SubstituteTluetes.Lender may from time to time remove Trustee and appoint a successor trustee to anyltuatee appointed hereunder.Without conveyance of the Property,the successor trustee shall succeed to all the title,power and duties conferred upon'Rustee herein and by Applcable Law. OREOON-tangle Family-Farm*M*MFmddr Mee UNIFORM INSTRUMENT Form 3038/A1 Me Mu.Ire. Page 8431 10 OREDEED0518 �r OREDEEO(cLs) CM 1V22120201258 PM PST LOAN##:000956826 2$.Attorneys'Fees.As used in this Security Instrument and in the Note,attorneys'fees shall include those awarded by an appellate court. 26. Protective Advances.This Sec city Instrument secures any advances Lender,at Its discretion,may make under Section 9 of this Security Instrument to protect Lender's interest In the Property and rights under this Security instrument. 2Z Required Evidence of Property Insurance. WARNING Unless you provide us with evidence of the Insurance coverage as required by our contract or loan agreement, we may purchase Insurance at your expense to protect our Interest.This insurance may,but need not,also protect your interest.If the collateral becomes damaged,the coverage we purchase may not pay any claim you make or any claim made against you.You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. You are responsible for the cost of any Insurance purchased by us.The cost of this insurance maybe added to your contract or loan balance.If the cost is added to your contract or loan balance,the interest rate on the underlying contract or loan will apply to this added amount The effective date of coverage maybe the date your prior coverage lapsed or the date you failed ko provide proof of coverage. The coverage we purchase may be considerably more expensive than Insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements Imposed by Appiicabte Law. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any Rider executed by Borrower and recorded with It irlt - ! I. f gA!! (Seal) JOSEPH T M.RRIS ( DATE State of OREGON /G)cS County of WASHINGTON ,e.)..0144- This )..01 "This instrument was acknowledged before me on i-..).“11,10 4elei 22- by JOSEPH GILBERT MORRIS. I t . Notary Paced S�c(Nota er State of Washington Co nmi tat so lop 88612 4 Ida(and ark 0ommisaion Expires ow 5/292. My commission expires: '7_ S—.-262Y OREGON-Single Fanny-Fannie Inse/Fntldis Mac UNIFORM INSTRUMENT Form MISS 11e1 EOM Mae,Inc. Page 9 of 10 OREDEED 0515 OREDEED(CLE) 12122/202012:56 PM PST •1 LOAN 1:000456826 Lender:American Pacific Mortgage Corporation - NMLS 10:1850 Loan Originator:Colton Jerome Bowers NML$ID:256867 OREGON-6lnple Family-Fannie MeumoddM Moe UNIFORM INSTRUMENT Fern 3036110/ Eae Mae,kw Page 10 of 10 OREDEED 0518 OREDEED(CLS) 12/22!2020 12:56 PM PST .r -.+ EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: LOT 21, HILLSHIRE HOLLOW, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON.TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT"E". A.P.N.: R2076724 airow February 12,2021 To:City planner Tigard business licensing, This is a narrative of the proposed business within my home at 13165 SW Creekshire Dr.Tigard, OR 97223. I currently am licensed thought the City of Tigard License#02738,to sell firearms,firearms parts and accessories from my home. I have a current FFL, and state licensing&trademarks. I would like to add a small retail space using less than half of my garage,approximately 350 sq ft,to also sell firearms and accessories and transfer as a licensed FFL dealer. I plan on keeping all inventory in a large fireproof safe and will stock no more than 20-30 firearms, possibly less on the premises, especially with the backorder in the firearms industry currently.This will be a small,supplemental business and if it grows in time, I will be looking at getting a brick&mortar retail location. I am and will be the sole owner and operator. I will be using a POS system through a vendor who specializes in firearms sales that tracks legally according to ATF laws and completes background checks with many other features through the system. I will also incorporate more security to the existing security I already have on the premises which currently includes 3 day/night vision cameras with recording and storage ability. I am a Veteran and currently work from home so I am very seldom away. This is a small investment and I will start with a small amount of product in house in order to see how it goes and to allow time for the industry to regain footing with manufacturing and orders because as mentioned before, most firearms suppliers are backordered. There will be no outside signage,or any advertisement on the property. I will only use word of mouth, and a website to establish a small clientele of firearms customers. I will be making very few modifications to my existing garage that will be temporary, removable additions.They will not alter the permanent structure in any way and will be taken down once I decide to sell my home or move to a retail location. I have owned and lived in this home named in the above address for over 11 years and am well established in this neighborhood. Thank you for your time and consideration, "JJ"Joseph Morris Lina Smith From: Jj Dutra <jjetli76@yahoo.com> Sent: Tuesday, February 16, 2021 3:45 PM To: Planner on Duty Subject: Re: Home occupation permit info Categories: Nikki Tuason Caution!This message was sent from outside your organization. Yes! 1. I am the only "employee" 2. I will only have 1-2 deliveries per week or less. 3. 8am-5pm by appointment, no more than 6 customers per day, probably less. 4. No external noise 5. No outside storage 6. No business vehicles Thank you, JJ On Tuesday, February 16, 2021, 10:56:02 AM PST, Planner on Duty<tigardplanneronduty@tigard-or.gov> wrote: Hello, Thank you for your submittal. Can you please provide the following information so we can take in the application? 1. Paid, non-resident employees on site?How many? (max allowed by code is 1 employee or volunteer) 2. Pickup/delivery at residence? Frequency? 3. Customers/Clients at residents? How many? (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.) 4. External noise generated? 5. Outside storage (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)? 6. Business vehicles garaged at residence? Tyne 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; 2.Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; 1 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. 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 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.(Ord.19-09§1;Ord. 18-23§2;Ord.17-22§2) Thank you! Hope Pollard Associate Planner City of Tigard I COMMUNITY DEVELOPMENT From: Jj Dutra <jjetli76@yahoo.com> Sent: Saturday, February 13, 2021 4:45 PM To: Planner on Duty<tigardplanneronduty@tigard-or.gov> Subject: Re: Home occupation permit info Hi again Lina, I am now ready to apply for the Home Occupation Type 2 permit. I have attached the Master Land Use, Narrative and Deed showing ownership of my house. Thanks for all your help and please e let me know if I need anything else. I read all the codes you sent along with the 18.730 section to make sure I followed all the guidelines. JJ On Thursday, November 19, 2020, 02:50:33 PM PST, Planner on Duty <tiaardplanneronduty( tigard-or.gov>wrote: Sure thing!To apply for a Type II Home Occupation Permit, please submit the following: • Completed application form: https://www.tiaard- or.gov/city hall/departments/CommunitvDevelopment/Master Land Use Application.pdf • Applicant's statement/narrative: o Include a detailed description of the proposed business o Address the criteria in Sections 18.760.050 and 18.760.060: http://acode.us/codes/tigard/view.php?topic=l8-18 700-18 760&showAll=1&frames=on, • Proof of property ownership(such as a copy of the deed) • Application fee: $344. Once we receive all application materials,we'll e-mail you a link to pay online. Please note our fees go up every July 1. Thank you, Lina Smith 2 Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd.Tigard, OR 97223 Phone: (503) 718-2421 E-mail: tioardplannerondutvna tiaard-or.aov From:Jj Dutra <iietli76na vahoo.com> Sent: Thursday, November 19, 2020 2:38 PM To: Planner on Duty<tiaardplannerondutvetioard-or.aov>; Planner on Duty<tiaardplannerondutv(a tiaard-or.aov> Cc: Planner on Duty<tiaardolanneronduty ac tiaard-or.aov> Subject: Re: Home occupation permit info Thank you! I apologize, but can you send me the Type 2 also so I have it. I should have Mentioned it on the phone. JJ Sent from Yahoo Mail on Android On Thu,Nov 19,2020 at 2:21 PM,Planner on Duty <tiaardplannerondutyetiaard-or.aov>wrote: Hi Joseph, Here's a link to the Type I Home Occupation Permit application form: https://www.tiaard- or.Qov/document center/CommunitvDevelopment/LandUseForms/Home Occupation Tvpel.pdf. The application fee is $142. It's a one-time fee, and the permit is valid as long as you live at this address. And here's information on business licenses: https://www.tiaard-or.aov/business/business licenses.Dhp. You're welcome to e-mail us both the completed home occupation permit and business license application forms, and after we receive everything,we can e-mail you a link to pay both fees online. Thank you, Lina Smith Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Phone: (503) 718-2421 E-mail:tioardplannerondutyatioard-or.00v 3 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." 4 Lina Smith From: Jj Dutra <jjetli76@yahoo.com> Sent: Tuesday, February 16,2021 3:45 PM To: Planner on Duty Subject: Re: Home occupation permit info Categories: Nikki Tuason Caution!This message was sent from outside your organization. Yes! 1. I am the only "employee" 2. I will only have 1-2 deliveries per week or less. 3. 8am-5pm by appointment, no more than 6 customers per day, probably less. 4. No external noise 5. No outside storage 6. No business vehicles Thank you, JJ On Tuesday, February 16, 2021, 10:56:02 AM PST, Planner on Duty<tigardplanneronduty@tigard-or.gov> wrote: Hello, Thank you for your submittal. Can you please provide the following information so we can take in the application? 1. Paid, non-resident employees on site? How many? (max allowed by code is 1 employee or volunteer) 2. Pickup/delivery at residence? Frequency? 3. Customers/Clients at residents? How many? (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.) 4. External noise generated? 5. Outside storage (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)? 6. Business vehicles garaged at residence? Tyne 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; 2.Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; 1 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. 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 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.(Ord.19-09§1;Ord. 18-23§2;Ord.17-22§2) Thank you! Hope Pollard Associate Planner City of Tigard I COMMUNITY DEVELOPMENT From: Jj Dutra <jjetli76@yahoo.com> Sent: Saturday, February 13, 2021 4:45 PM To: Planner on Duty<tigardplanneronduty@tigard-or.gov> Subject: Re: Home occupation permit info Hi again Lina, I am now ready to apply for the Home Occupation Type 2 permit. I have attached the Master Land Use, Narrative and Deed showing ownership of my house. Thanks for all your help and please e let me know if I need anything else. I read all the codes you sent along with the 18.730 section to make sure I followed all the guidelines. JJ On Thursday, November 19, 2020, 02:50:33 PM PST, Planner on Duty<tiaardplannerondutv(c tigard-or.pov>wrote: Sure thing!To apply for a Type II Home Occupation Permit, please submit the following: • Completed application form: https://www.tiaard- or.aov/citv hall/departments/CommunitvDevelopment/Master Land Use Application.pdf • Applicant's statement/narrative: o Include a detailed description of the proposed business o Address the criteria in Sections 18.760.050 and 18.760.060: http://acode.us/codes/tigard/view.php?topic=l8-18 700-18 760&showAll=1&frames=on • Proof of property ownership(such as a copy of the deed) • Application fee: $344. Once we receive all application materials,we'll e-mail you a link to pay online. Please note our fees go up every July 1. Thank you, Lina Smith 2 Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Phone: (503) 718-2421 E-mail: tiaardDlanneronduty(a.tiaard-or.aov From:Jj Dutra <iietli76(a.vahoo.com> Sent: Thursday, November 19, 2020 2:38 PM To: Planner on Duty<tiaardolannerondutvetiaard-or.aov>; Planner on Duty<tiaardolannerondutvetiaard-or.aov> Cc: Planner on Duty<tiaardDlannerondutvetiaard-or.aov> Subject: Re: Home occupation permit info Thank you! I apologize, but can you send me the Type 2 also so I have it. I should have Mentioned it on the phone. JJ Sent from Yahoo Mail on Android On Thu, Nov 19, 2020 at 2:21 PM, Planner on Duty <tiaardDlanneronduty antiaard-or.aov>wrote: Hi Joseph, Here's a link to the Type I Home Occupation Permit application form: httos://www.tiaard- or.aov/document center/CommunitvDevelooment/LandUseForms/Home Occupation Tvoel.adf. The application fee is $142. It's a one-time fee, and the permit is valid as long as you live at this address. And here's information on business licenses: httos://www.tiaard-or.aov/business/business licenses.oho. You're welcome to e-mail us both the completed home occupation permit and business license application forms, and after we receive everything,we can e-mail you a link to pay both fees online. Thank you, Lina Smith Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Phone: (503) 718-2421 E-mail:tiaardDlannerondutv(a tiaard-or_aov 3 DISCLAIMER: E-mails sent or received by City of Tioard 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 Admin;strative Rules "City General Records Retention Schedule." 4 CORRESPONDENCE ADDITIONAL INFORMATION Lina Smith From: Lina Smith Sent: Monday, March 15, 2021 12:22 PM To: Jj Dutra Cc: Jeffrey Lain;Tom McGuire Subject: RE: Home occupation permit info -Virtus Firearms - 13165 SW Creekshire Dr. Attachments: Request for property owner notification.pdf Hi JJ, We send the public notices to property owners (not tenants) within 500'of your property;attached is a list with the names and addresses for the people the notice was sent to. Since you've brought up a safety concern regarding one of the tenants in your neighborhood,I've copied Sgt.Jeffrey Lain from the Tigard Police Department on this e-mail; he's reviewed a copy of your application materials,so he's familiar with your proposal. I've also copied my supervisor Tom McGuire on this e-mail as well. Feel free to contact me if you have additional questions or concerns. Thank you, 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:Jj Dutra<jjetli76@yahoo.com> Sent: Monday, March 15, 2021 10:26 AM To:Lina Smith<LinaCS@tigard-or.gov> Subject: Re:Home occupation permit info Caution!This message was sent from outside your organization. Allow sender I Block sender Hi Lina, I had a bit of a concern & question. I received the Notice of Land Use Letter addressed to neighbors. Does this only go to homeowners or everyone? There are quite a few rentals on my block. My concern; a US Marshalls was up here & spoke with me me not too long ago. They were looking for a neighbor who was living in one of these rentals across the street because he was wanted for accessory to murder. The suspect had fled before they spoke with me. I may have seen him up here again recently. I've been in contact with the Marshalls. It worries me if this type of letter is mailed to everyone and someone like him or his family, who is still living there, knows that I am selling firearms. That to me is an invitation for criminal activity against me because I have firearms that I sell here. Also, many of these people in the rentals come & go. I know because I have lived here for almost 12 years, so I feel as if it's not fair & they do not need this letter mailed to them. If they ask, I can discuss it with them or some other alternative? I am just worried as my daughter is 14 & I have full custody of her with me. This is why I wanted to do online & appointment only. 1 Thanks, JJ On Tuesday, March 9, 2021, 08:32:17 AM PST, Lina Smith <linacsna tigard-or.qov>wrote: Hi JJ, Your application has been deemed complete; please see attached letter. I know it says we have until July to issue a decision, but I actually anticipate having a decision for you around the end of March/early April.There's also a fee due for the public notice mailings,which we're planning to mail out tomorrow. Please see attached invoice, and instructions on how to pay below. Let me know 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( .tiaard-or.aov You can pay the fee online by clicking this link: https://aca.accela.com/tiaard/, go to the"Planning"tab, and search for record number HOP2021-00008. 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. We do not accept American Express. From:Jj Dutra <iietli76avahoo.com> Sent:Thursday, February 25, 2021 3:53 PM To: Lina Smith <LinaCS(&.tigard-or.gov>; Lina Smith <LinaCSatiaard-or.aov> Subject: RE: Home occupation permit info Wonderful,thank you! Sent from Yahoo Mail on Android On Thu, Feb 25, 2021 at 3:51 PM, Lina Smith <LinaCS(a�tigard-or.gov>wrote: 2 Thank you for letting me know! Also our Police Department reviewed your application and had no objections, but I'm still waiting to hear back from our Building Official and Fire Marshal. I will keep you posted with any updates. Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard, OR 97223 E-mail: LinaCSetioard-or.00v From: Jj Dutra <iietli76(avahoo.com> Sent: Thursday, February 25, 2021 3:50 PM To: Lina Smith <LinaCSetiaard-or.aov> Subject: Re: Home occupation permit info Hi Lina, just wanted to let you know I went in and paid the fees for the HOC Type II Thanks, JJ On Monday, February 22, 2021, 01:56:43 PM PST, Lina Smith <linacs(a)tigard-or.aov>wrote: Hi JJ, I've been assigned to this case. I just wanted to give you a quick overview of the process and next steps: • I routed copies of your application to our Police Department,our Building Official, and our Fire Marshal to see if they had any comments or concerns with the application.This review time is about 2 weeks. • If everything looks good, I will contact you to submit payment for the public notice mailings that we will mail to your neighbors within 500 feet of the site. Neighbors are given 2 weeks to submit any public comments. • After the public comment period, I will check in with you to go over any neighbor questions or concerns. • If everything looks good, city staff can issue a decision shortly after the public comment period. • Please keep in mind that after a decision is issued, there is a 15-day appeal period in which a neighbor could file an appeal on the application. 3 Please let me know if you have any questions. Thank you, Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard, OR 97223 E-mail: LinaCS(aa.tiaard-or.gov From: Planner on Duty<tiaardplanneronduty a.tiaard-or.aov> Sent:Wednesday, February 17, 2021 12:44 PM To: Jj Dutra < jietli76(c vahoo.com> Cc: Planner on Duty< tigardplanneronduty a(�.tiaard-or.gov> Subject: RE: Home occupation permit info Hi JJ, Your permits are ready for fee payment. You can pay the fees online by clicking this link: https://aca.accela.com/tiaard/, go to the"Planning"tab, and search for each record number, outlined below(you'll have to do this one at a time). 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. We do not accept American Express. Please notify us once you've paid. • HOP2021-00008 Lastly, physical copies do not need to be turned in to our office Thank you, Nikki 4 Nikki Tuason Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard,OR 97223 ni kkitati Bard-or.eov From: Jj Dutra <iietli760vahoo.com> Sent: Tuesday, February 16, 2021 5:35 PM To: Planner on Duty< tiaardplanneronduty(atiaard-or.aov> Subject: Re: Home occupation permit info Wonderful thank you! JJ On Tuesday, February 16, 2021, 05:06:18 PM PST, Planner on Duty<tiaardplannerondutyla.tigard-or.00v>wrote: Hi JJ, Sorry about that, as it turns out you had already submitted the application materials! I will create the application and will email you payment details shortly Best, Nikki 5 From: Planner on Duty<tipardplannerondutv(a tiaard-or.aov> Sent:Tuesday, February 16, 2021 4:44 PM To: Jj Dutra< iietli76( vahoo.com> Cc: Planner on Duty < tiaardplan nerondutvCa�tiaard-or.aov> Subject: RE: Home occupation permit info Hi JJ, Thank you for sending this information in, if you could please attach the following items as documents to this email that would be most helpful so we can get started with creating the permit: • Completed application form: https://www.tiaard- or.aov/city hall/departments/CommunitvDevelopment/Master Land Use Application.pdf • Applicant's statement/narrative: o Include a detailed description of the proposed business o Address the criteria in Sections 18.760.050 and 18.760.060: htto://acode.us/codes/tiaard/view.php?topic=l8-18 700-18 760&showAll=1&frames=on • Proof of property ownership(such as a copy of the deed) • Application fee: $344. Once we receive all application materials,we'll e-mail you a link to pay online. Please note our fees go up every July 1. Best, Nikki Nikki Tuason Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard, OR 97223 nikkit al�tiaard-or.aov 6 From: Jj Dutra <iietli76Ca vahoo.com> Sent:Tuesday, February 16, 2021 3:45 PM To: Planner on Duty< tiaardplannerondutv( tiaard-or.aov> Subject: Re: Home occupation permit info Yes! 1. I am the only "employee" 2. I will only have 1-2 deliveries per week or less. 3. 8am-5pm by appointment, no more than 6 customers per day, probably less. 4. No external noise 5. No outside storage 6. No business vehicles Thank you, JJ On Tuesday, February 16, 2021, 10:56:02 AM PST, Planner on Duty<tiaardolannerondutvna tiaard-or.aov>wrote: Hello, Thank you for your submittal. Can you please provide the following information so we can take in the application? 1. Paid, non-resident employees on site? How many? (max allowed by code is 1 employee or volunteer) 2. Pickup/delivery at residence? Frequency? 3. Customers/Clients at residents? How many? (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.) 4. External noise generated? 5. Outside storage(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)? 6. Business vehicles garaged at residence? 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; 2. Only 1 outside volunteer or employee who is not a member of the household is allowed on the premises; 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. 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 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. (Ord. 19-09 §1; Ord.18-23§2; Ord. 17-22§2) Thank you! Hope Pollard Associate Planner City of Tigard I COMMUNITY DEVELOPMENT From: Jj Dutra <jietli76evahoo.com> Sent: Saturday, February 13, 2021 4:45 PM To: Planner on Duty< tiaardplanneronduty(a�ticiard-or.gov> Subject: Re: Home occupation permit info 8 Hi again Lina, I am now ready to apply for the Home Occupation Type 2 permit. I have attached the Master Land Use, Narrative and Deed showing ownership of my house. Thanks for all your help and please e let me know if I need anything else. I read all the codes you sent along with the 18.730 section to make sure I followed all the guidelines. JJ On Thursday, November 19, 2020, 02:50:33 PM PST, Planner on Duty<tiaardplanneronduty(a)tiaard-or.aov> wrote: Sure thing!To apply for a Type II Home Occupation Permit, please submit the following: • Completed application form: https://www.tiaard- or.aov/citv hall/departments/CommunitvDevelooment/Master Land Use Apolication.odf • Applicant's statement/narrative: o Include a detailed description of the proposed business o Address the criteria in Sections 18.760.050 and 18.760.060: http://acode.us/codes/tiaard/view.oho?topic=18-18 700-18 760&showAll=1&frames=on • Proof of property ownership(such as a copy of the deed) • Application fee: $344. Once we receive all application materials, we'll e-mail you a link to pay online. Please note our fees go up every July 1. Thank you, Lina Smith Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Phone: (503)718-2421 9 E-mail: tioardplanneronduty&..tioard-or.gov From: Jj Dutra <iietli76vahoo.com> Sent:Thursday, November 19, 2020 2:38 PM To: Planner on Duty< tigardplanneronduty(a�tigard-or.gov>; Planner on Duty<tiaardolannerondutv(atiaard-or.qov> Cc: Planner on Duty< tigardplanneronduty aatiaard-or.gov> Subject: Re: Home occupation permit info Thank you! I apologize, but can you send me the Type 2 also so I have it. I should have Mentioned it on the phone. JJ Sent from Yahoo Mail on Android On Thu, Nov 19, 2020 at 2:21 PM, Planner on Duty <tioardplanneronduty&liaard-or.gov> wrote: Hi Joseph, Here's a link to the Type I Home Occupation Permit application form: https://www.tioard- or.gov/document center/CommunitvDevelopment/LandUseForms/Home Occupation Tvpel.pdf. The application fee is $142. It's a one-time fee, and the permit is valid as long as you live at this address. And here's information on business licenses: https://www.tiaard-or.gov/business/business licenses.pho. You're welcome to e-mail us both the completed home occupation permit and business license application forms, and after we receive everything,we can e-mail you a link to pay both fees online. Thank you, Lina Smith Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 i0 Phone: (503) 718-2421 E-mail: tiaardolannerondutyatiaard-or.aov 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." 11 gii IN TIGARD City of Tigard March 9, 2021 Joseph G. Morris 13165 SW Creekshire Drive Tigard, OR 97223 Project: Virtus Firearms Site: 13165 SW Creekshire Drive;WCTM 2S104CB,Tax Lot 6800 Land Use File: HOP2021-00008 Dear Applicant: Please be advised that your application for a Type II Home Occupation Permit has been deemed complete as of March 9, 2021 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 July 7, 2021. 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 LinaCS@tigard-or.gov should you have any questions. Sincerely, Lina Smith Assistant Planner Copy: HOP2021-00008 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov