RE_ Non-compliant issues to respondent 8-17-2021.msg Debbie Manning
From: Tom McGuire
Sent: Tuesday, August 17, 2021 10:37 AM
To: TOM PFEIFFER
Cc: Ken Ross
Subject: RE: Non-compliant issues
Attachments: Tom McGuire.vcf
Hello Tom,
I've looked into the code sections you cited and had some discussion with Ken. I believe the
confusion is in the way that the Oregon Vehicle Code is written and interpreted. The 3/4 ton
commercial vehicle limit in the HOP code is referring to carrying capacity (the gross vehicle weight
rating), which is how the state code works and is not referring to the actual weight of the vehicle but
the weight of the load that the vehicle is rated to carry. So for example, a three-quarter-ton GVW
rated vehicle or 250/2500 model typically weights between 8,500 and 9,990 pounds. A one-ton GVW
rated 350/3500 truck is likely to weigh 9,900 pounds or more.
I have provided a citation for the Oregon Vehicle Code that confirms this:
ORS 801.298 "Gross vehicle weight rating"
"Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of
a single or a combination vehicle. [1989 c.636 §5; 1991 c.185 §2]
Please let me know if you have any other questions or concerns.
Tom
Tom McGuire
City of Tigard
44 Assistant CD director
1 5.03-597-9639 Work€ell
(503) 718-2490,.'do rk
0 tomm@tigard-or.gov
13125 SW Hall Boulevard
Tigard, Oregon 47223
www.tigard-or.gov
From:TOM PFEIFFER<tspf@comcast.net>
Sent: Wednesday, August 11, 20213:40 PM
To:Tom McGuire<TomM@tigard-or.gov>
Cc: Ken Richards<KenR@tigard-or.gov>
Subject: Non-compliant issues
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Dear Mr. Tom McGuire,
i
I own rental property in Tigard and the tenants have been issued a letter of non-compliance. The
tenants are working closely with Ken Ross toward resolution. My concern is one the the complaints
that has been issued, is the storage of a work truck at the homesite. Upon review of City code and
the non-compliance letters issued to me and the tenant, work vehicles under the Home Occupation
Permit can't exceed a weight of more than 0.75 tons. I have concern about that. My tenants are
being forced to remove the vehicle from the homesite in order to be in compliance. I have attached
both the City code and the latest letter of non-compliance with highlights in the areas of question
(pages 1,3, and 5 of attachment). Both of these documents clearly state that the vehicle can't have a
weight exceeding 0.75 tons (1,500 lbs.). There is not a car made in America or anywhere for that
matter that has a vehicle weight of less than 0.75 tons (1500 lbs.) The lightest vehicle that I am
aware of is the "Smart Car" and even it has a vehicle weight of 1,850 lbs. If the tenants of this
property are required to remove their vehicle off-site, then I would suggest that all businesses in the
City of Tigard that operate under a similar "home occupation permit" and that use a vehicle in their
business operations also be required to store those work vehicles off-site, since it is not possible to
have a vehicle that weighs 1,500 lbs. or less. Mr. Ken Ross said you would be the appropriate person
to discuss this with. Please get back to me with your thoughts. If I am missing something I would
appreciate an explanation. While I agree with the Home Occupation Permit process and the
associated requirements to operate, I am just as concerned about equal treatment for all of Tigard's
community.
Sincerely,
Tom Pfeiffer
503-608-9622
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