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HOP1998-00001 CITY OF TIGARD HOME OCCUPATION PERMIT DEVELOPMENT SERVICES TYPE 13125 SW Hall Blvd., Tigard, OR 97223 (503) 6394171 PERMIT HOP98-0001 DATE ISSUED: 01/02/98 APPLICANT NAME: SCOTT THOMP'SON BUSINESS ADDRESS: 11555 SW 133RD PL NATURE of BUSINESS: Conputer consulting. PARCEL: 1S133DC-05000 ZONING: R-12 JURISDICTION: TIG BUSINESS NAME....: THE ATECH GROUP' SO FT - DETACHED.: 0 GENERATE EXTRN NOISE.: N SO FT - RESIDENCE: 0 DAYS/HOURS OF OPS....: SO FT - BUSINESS.: 0 SIC CODE.........: BUS. VEHICLES GARAGED & RES PAID NON RES EMPL: N CUST/CLIENT @ RES: N OUTSIDE STORAGE------------ P I CN, / DEI._ I V @ RES.: N EXTERIOR SIGN?.......: N: ACKNOWLEDGEMENT: I understand this Home Occupation Permit is approved for the above described business at the specified location only, and does not require renewal. Further, I understand that the City of Tigard Business Tax must be renewed annually in order to maintain permit authorization. I acknowledge that this Home Occcu(pation Permit approval may be revoked if the conditions and standards of approval have not been complied with and/or this home occupation is otherwise being conducted in a manner contrary to the Tigard Community Development Code (18.42). Permit revocation due to a violation of requirement (s) of this Home Occupation Permit cannot be renewed for a minimum period of one year (18. 142. 090) . F'ermittee Signatui a Iss ed by r_d FOR OFFICE USE ONLY: Permit No. Tax Map: Lot No: Zone: Business Tax Receipt No. CITY OF TIGARD Approved By, Date Approved: Filing Fee Rec'd: $ r-~f - Receipt Number. t OREGON Check When Completed: Entered into Log t.-:'Copy to Applicant ~8hginal Filed Home Occupation Permit - Type 1 Filing Fee - $30.00 (COT) $175.00 (URB SVCS) 011 Business Name: T Vi e A TECH 6rro Ae Application Date: Property Address: 115'55- 5)✓ 1330' Pl. Apt City: Zip Code: 1-7;s 3 Business Phone : 590 y3'~5- Property Owner*:_5s+elje, frl a-zvArK 4 o,,); c: 7 Nature of Business: It„ni ( 66i-< P141 rr i `E Name of Applicant*: 1Z. Scoff Tkomp: QQ n Applicant's Address: j i r5-5" 51,i- 133 Pi. City: T. c4rJ Zip Code: c17a~ 3 Home Phone: 5qC - a 3i-/S CONDITIONS: The Home Occupation Permit - Type 1 is subject to the following: 1.) Home occupations may be undertaken only by the principal occupant(s) of a residential dwelling. 2.) There shall be no more than three deliveries per week to the resident by suppliers. 3.) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Development Code - Chapter 18.090 (Environment Performance Standards); 4.) The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of material and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provision of the building, fire, health and housing codes: 5.) A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with Tigard Development Code - Chapter 18.144 of this title; 6.) More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit, if required per this chapter, and each shall also have separate Business Tax Certificate; 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TbD (503) 684-2772 7.) There shall be not storage and/or distribution of toxic or flammable material, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupation shall make available to the Fire Marshall for review that Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use: 8.) No home occupation shall require any on or off-street parking other than that normally required for a residence; 9.) The following uses are not allowed as home occupations: a.) Auto-body repair and painting b.) On-going mechanical repair conducted outside of an entirely enclosed building c.) Junk and salvage operations d.) Storage and/or sale of fireworks 10.) There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarter ton GVW may be parked outside of a structure or screened area. STANDARDS: According to Tigard Development Code Chapter 18.142.050, a Home Occupation Permit - Type 1 shall exhibit no evidence that a business is being conducted from the premises. Home Occupation Permit - Type 1 shall not permit: 1.) Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; 2.) Exterior signage which identifies the property as a business location; 3.) Clients or customers to visit the premises for any reason; 4.) Exterior storage of materials. I hereby certify that I have read and understand the above conditions and standards for the operation of a home occupation. I acknowledge that this home occupation approval may be revoked if the above conditions and standards have not been complied with and/or the home occupation is otherwise being conducted in a manner contrary to the Tigard Community Development Code (18.142). Revocation due to a violation of the home occupation requirement(s) cannot be renewed for a minimum period of one year (18.142.090). Applicant Signatures Date Owner Signature (if differ nt than Applicant) Date Owner Signature (if different than Applicant) Date ' When the owner and the applicant are different people, the applicant must be the purchaser of record or lessee in possession. The owner(s) or agent of the owner must sign this application or submit a written authorization with this application. 2 CITY OF TIGARD OREGON PROPERTY OWNER/OPERATOR APPROVAL FORM I, E s ~-e k\e M c%-zLm K ; e w 1, c, ~_L , being the true legal owner of the (Please Print) property located at 5 5~5 5- c% i 3 3 Pd 0 , Tigard, Oregon give my approval for the current tenant, S c-o* 4 Sonic,- T11drnp_50✓1 , residing at the above mentioned property, my permission to operate a business at this location in accordance with the City of Tigard's home occupation permit ordinance. Owner/Authorized Represent e's Signature (366 ) X541- P33(D Owner/Authorized Representative's Phone Number i ?i Date Signe HALOGINTSTSIHOPOMER 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 N T BECISION' t i , w. rv CITY OF TIG~R,D " 120 DAYS = 5/26/98 SECTION 1, APPLICATION SUMMARY CASES: FILENAME: ALEXANDER CONST., INC. FINKE LOT LINE ADJUSTMENTS Lot Line Adjustment (MIS) 98-0001 PROPOSAL: The applicant has proposed a Lot Line Adjustments to common property lines for five (5) parcels within an unnamed subdivision. The applicant has also proposed to adjust several of the recorded property lines to create more regularly shaped parcels. APPLICANT: TPB Properties, Inc. OWNERS: Mr. Alex Finke Attn: Howard Quandt P.O. Box 23552 P.O. Box 1775 Portland, OR 97281 Beaverton, OR 97075 OWNERS: Mr. Hans Finke Ms. Lotti Finke P.O, Box 1565 P.O. Box 23562 Wilsonville, OR 97070 Tigard, OR 97281 Alexander Const., Inc. P.O. Box 23562 COMPREHENSIVE Portland, OR 97281 PLAN DESIGNATION. Law Density Residential, 1-5 dwelling units per acre; R-4.5. ZONING DESIGNATION: Single-Family Residential; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential home sites. LOCATION: 13000 Block of SW Grant Avenue; WCTM 2S102BC, Tax Lots 04300, 04303, 04304, 4305 and 04306. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.52 and 18.162. SECTION 11, DECISION ' .Dave ghee -w Noti e Is hereby _ M of Ti and ommurnt 1lapmenit Dare "given that the CI /1/+tY g Y Y request subl des 'has APPRt)1/ED ~the,ahove tdons _o al. $ act to-condd . 'approval,,,':'._,,-,-... r aw u x w a ote d Tle findings and ccinclus~orxs Pn whdch the> decdsion Is based are 0. m Section IV'. NOTICE OF DECISION MIS 98-0001 - ALEXANDER CONST., INC. & FINKS LOT LINE ADJUSTMENTS PAGE 1 OF 5 CONDITIONS OF APPROVAL T LINi? PI aR TO RECQRDI JUSTMEN T PLAT THE F~LLW ING CC►JDITIfJNS S riBESATISFIE® . th✓4'gYAw'AlS7 wwy,y. a .nle r U ss V not ed, the staff crntacthait be. K R11BERTS; M Pip,ning Divasioni (503) V9.41,71 ' 1. The applicant shall provide evidence that the existing access easement provides a means of ingress and egress to Parcel 1. 2. The applicant shall revise the Lot Line Adjustments so that Parcel 3 and Parcel 4 continue to comply with the minimum lot size standard after deduction of areas from the gross parcel square footage affected by the access easement. 3. A copy of an existing joint maintenance agreement for access shall be provided or a new agreement shall be executed and recorded with Washington County. AFTER FtEC } bi G EN W`- ~t THE LOT LINE A ~ lJ. CBE A TTISF PLA THE FO LL NDIT11C)N SH lisp. 4. After recording the lot line adjustments, provided a copy of the recorded adjustment plat to the City of Tigard Engineering Department. T HIS, H FC)R ;1 g A .ALID FROWTH Ct1l EFFECT VE pAT C7I~'TH[I.DECINTHS ; CISICJN. . SECTION III. BACKGROUND INFORMATION Site History: This site has been zoned for Low Density Residential use since the City's Comprehensive Plan was adopted in 1983. The City has no record of any other development applications having been filed for these properties. Vicinity Information: To the north of the subject properties is the Charles F. Tigard Elementary School. Areas to the northwest, west and south of the site are developed with detached single-family residences. The properties to the east are developed with a detached single family residence and a children's day care center. Site Information and Proposal Description; The applicant has proposed Lot Line Adjustments to five (5) parcels within an unnamed subdivision that was apparently created by the recording of property deeds in 1972. The applicant's proposal is to adjust several of the recorded property lines to create more regularly shaped parcels. Parcel 1 in the northeast portion of the site will have a triangular shaped area removed and will be decreased in size from 13,939 square feet to approximately 10,000 square feet. The adjustment plat showed the size to be increased to 14,478. This does not appear to be NOTICE OF DECISION MIS 98-0001 - ALEXANDER CONST., INC. & FINKS LOT LINE ADJUSTMENTS PAGE 2 OF 5 consistent with the dimensions that are shown on the plat. Parcel 2 in the northwest corner of the site will lose a triangular shaped portion of the parcel that is proposed to be added to Parcel 1, and will be reduced in size from 11,325 square feet to approximately 10,000 square feet. Parcel 3 in the southwest portion of the site will be reduced in size from 9,147 squared feet to approximately 7,500 square feet. A portion of the common access easement area of Parcel 1 will be added to the northeastern comer of Parcel 3. Parcel 4 will be increased in size from 8,276 square feet to approximately 10,000 square feet. Parcel 5 will be increased in size from 10,018 square feet to approximately 11,125 square feet. SECTION IV. APPLICABLE REVIEW CRITERIA, AND FINDING' COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Lot Line Adjustment - Approval Standards: Section 18.162.060 contains the following standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size .by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed adjustments will reconfigure the lot lutes but no additional parcels will be created by the adjustments. It appears that with some adjustments all five (5) parcels can continue to comply with the 7,500 square foot minimum lot size of the R-4,5 Zoning District. Because a site's gross square footage i reduced by the area contained within an access easement, Parcels 3 and 4 may not comply with the 7,500 square foot minimum lot size requirement after deducting the lot area that is affected by the 0-foot-wide access easement. The applicant shall revise the Lot Line Adjustment so that Parcels and 4 continue to comply with the minimum lot size standard. Parcels 1, 2 and 5 appear to comply with this standard after deduction of the access easement area. The 50-foot average width standard also continues to be met by this adjustment, as proposed. No new structures are proposed at this time. Any future structures will be required to be reviewed for compliance with the underlying zoning setback standards through the building permit review process. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lets created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. . Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. NOTICE OF DECISION MIS 98-0001 - ALEXANDER GONST., INC. & FINKE LOT LINE ADJUSTMENTS PAGE 3 OF 5 3. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet, or have legally recorded minimum 15-foot-wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accesway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090.. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. (Reciprocal Easements: 'W'here a common drive is to be provided to serve more than one (1) lot, a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation , for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrianlbicycle pathway plan. Criteria 1 has been met because an average width of 50 feet has been maintained. Criteria 2 has been addressed as it appears that a minimum lot area in excess of the 7,500 square foot minimum lot size can be maintained for each site if the proposed adjustment is slightly revised. Criteria 3 is satisfied as all five (5) lots will continue to have an access easement to S Grant Avenue. Criteria 4 addresses building setbacks and is not applicable at this time because the parcels are presently undeveloped and no structures are currently proposed. Criteria 5 and 6 are not applicable to these properties because none of these sites meet the definition of a flag lot due to the common access easement. Upon future development of these properties, fire hydrants and other required Uniform Fire Code standards will be addressed, thereby, satisfying Criteria 7. Criteria 8 and 9 have been addressed because an existing common access easement area was originally recorded to serve these parcels. The width of the existing shared access easement is 30 feet and is i excess of the 25-foot minimum private street width required to serve six (6) parcels. Based on the title report information that was provided it is not clear if the northwesterly portion of Parcel 1 was provided with a recorded means of ingress and egress. The applicant shall submit evidence to the City of Tigard that the existing access easement provides a means of ingress and egress to Parcel 1. A joint access maintenance agreement is also required for this purpose. The documentation provided by the applicant did not appear to address this requirement. A copy of an existing joint access maintenance agreement shall be provided or a new agreement executed and recorded prior to recording the final adjustment plat. Criteria 10 is not applicable as none of the parcels are within or adjacent to floodplain areas, NOTICE OF DECISION MIS 98-0001 - ALEXANDER CONST„ INC. & F1NKE LOT LINE ADJUSTMENTS PAGE 4 OF 5 SECTION V. OTHER STAFF COMMENTS The Engineering Department will complete a detailed review of the survey map and legal descriptions prier to the applicant recording the Let Line Adjustment. SECTION V1. AGENCY COMMENTS Service providing utilities will have the opportunity to review the proposal and decision within the teen (10) day appeal period and may request reconsideration of the decision if it may adversely affect the utility's or fire district's abilities to provide service to the subject or neighboring properties. SECTION V11. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X- Owner of record Within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON MONDAY o FEBRUARY 9, 1998 UNLESS AN APPEAL IS FILED Appeal: Any party to the decision may appeal this decision in accordance with Sections 18,32.290(A) and Section 18.32.340 of the Community Development Code which provides that a written appeal must be filed. The deadline for filing an appeal is specified below. The appeal fee schedule and appeal form are available from the Community Development Department or Planning Division at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON FEBRUARY 9, 1998. Questions: If you have any questions, please call the City of Tigard Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hell Boulevard, Tigard, Oregon at (503) 639-4171. ` Januarv 30, 1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP ' 'p, Janua 30 1998 APPROVED BY: Rf'chard Bewersdorff DATE Planning Manager i:tcurpln\mark_R1mis98-01.dec NOTICE OF DECISION MIS 98-0001 - ALEXANDER CONST., INC. & FINKS LOT LINE ADJUSTMENTS PAGE 5 OF 5 i FOR L(, j US r{~G t"*~ 7,~, ~'`.4 c•Sr .~`s Y~7 ~ ~ ~~WP7,F.GN~ JIq~Tti C~',~4F,~Yq~~ ~ A~l tl v r ,Qr. Sri C h 6 icy" r f , fy y k zll-l~l ° too Q t Uj e LL. SEA CASE R q[ ~I gg"®°" H R Dun JDAWS _ ~~fC.l 7F06RAn11~C tilF OPlu~Ti011 OY01TU ua ti a RD~R CONSTRUCTION & 1N tQT UBE DJUSTT E S o~¢ Q p~~•F GRAN A N 20 3w -~T dt%# Feet t'. 396 test ST A K ST . 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