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HOP1998-00015 CITY OF TIGARD DEVELOPMENT SERVICES HOME OCCUPATION PERMIT TYPE I 13125 SW Hall Blvd., Tigard, OR 97223 (503) 6394171 PERMIT HOP98-0015 DATE ISSUED: 02/02/98 APPLICANT NAME: SAYLES ENTERPRISES BUSINESS ADDRESS: 10559 SW TIGARD ST ##5E NATURE of BUSINESS: vending, candy/gumball sachine style to be placed in local businesses. PARCEL: 1S134DD-00100 ZONING: R-12 JURISDICTION: TIG BUSINESS NAME....: SAYLES ENTERPRISES SO FT - DETACHED.: 0 GENERATE EXTRN NOISE.: 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------------ PICK/DELIV @ 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 Occcupation 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) r 12 U~ 1 rmitte Sign ure Issued by ,r J FOR OFFICE USE ONLY Permit No', Tax Map Lot No Zone: Business Tax Re', pt No 30" 5 CITY OF TIGARD Approyed:By Date Approved.: "O coz Filing FR $ ~O Receipt Number 30~ OREGON Check When Completed: Enteredinfo Log;: Copy to"Applicant Onginal.Filed, Home Oc ation Permit - Type 1 Filing Fee - 30.0 (COT) $175.00 (URB SVCS) Business Name: l - Application Date: J~tr, /~Jg9A Property Address-, /A-S72 5W er,Y * 5 Apt S~, City: :Z r&f-" ip Code: 97, 23 Business Phone : fv3q-~1o7~(~i+n~ Property Owner. W/~nAtrnil/ I~v~„s-trn~~/s. ,Urn-►-~~~s - t~'1 s Nature of Business: dvyt d a.(,~ MaCA~~ s Le_ Name of Applicant": .7" T &S Applicant's Address: 1055 SW ,5f -.45>G City: `jain'd Zip Code: 177z2,3 Home Phone: 639 -&(a 71 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). ~Applica Signature D e Owner Signature (if different 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 being the true legal owner of the (Please Print) property located at Tigard, Oregon give my L approval for the current tenant, residing at the -1 5~v above mentioned property, my permission to operate a business at this location in accordance with the City of Tigard's home occupation permit ordinance. i 4w4ner/Auted Represent tive's ignat e Owner/Authorized Representative's Phone Number lqb Date Si ned HALOGINTSTSIHOPOWNER 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 "URBAN SERVICE AREA" NOTICE DF DECISION LOT LINE ADJUSTMENT (MIS) 98-0015 Community rv~,Alopivent PACIFIC SANTA EE CORP. LOT LINE ADJUSTMENT ShapiugA (yet terCommunity DAYS v ~ 1127198 120 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: PACIFIC SANTA FE LOT LINE ADJUSTMENT Lot Line Adjustment MIS 98-0015 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property fine between Tax Lets 100 and 200 on WCTM 2S 109D0. APPLICANT:. Pacific Santa Fe Corp. 17700 SW Upper Boones Ferry Road, Suite 100 Portland, OR 97224 OWNERS: Ames, Robert R and Ames, Arthur Gary and Johnson, Virginia L. & Dale V. Trustees of the Johnson Trust 1801 S Highland Road Portland, OR 97221 OWNER : Hirsh, Fred and Willis, Janet H. Trustee and Conklin, Robert B and Ochsner, Elizabeth & Albert 3114 NW Verde Vista Terrace Portland, OR 97210 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: Single-Family Medium Density Residential - 5,900 Square Feet Attached Per Unit, 7 Units Per Acre; -7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: WCTM 2S109D0, Tax Lots 100 and 200. The subject sites are located between SW Beef Bend Road and Bull Mountain Road in the Tigard Transfer Area (unincorporated), the properties both have access to SW Beef Bend Road. The nearest cross street is SW Prince Albert Court. APPLICABLE REVIEW CRITERIA: Community Development Cade Sections 18.32, 18.52 and 18.162. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION/URBAN SERVICE AREA MIS 98-0015 - PACIFIC SANTA FE CORP. LOT LINE ADJUSTMENT PAGE 1 OF 5 COMMON OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RACER IN THE ENGINEERING DEPARTMENT (503) 639-4171. 1. A Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot linen shall be reviewed and approved by the Engineering Department. The survey map shall include all access and utility easements. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The properties are located north of SW Beef Bend Road, east of SW 133rd Avenue. Both parcels are unincorporated but fall within the City of Tigard's jurisdiction for land use planning. Tax Lot 100, the easterly property containing approximately 20.22 acres, is owned by the trustees of the Johnson Trust dated October 26, 1094, and is undeveloped. Tax Lot 200, the westerly property containing approximately 18.30 acres, is owned by Hirsch et al, and is also undeveloped. Proposal Description: The applicant proposes to adjust the common property line between the subject parcels to accurately reflect the existing fenced boundary, The adjustment will move the north end of the lot line 2.81 feet to the east and the south end 7.73 feet to the east for a total transfer of 7,184 square feet from tax. lot 100 to tax lot 200. Final lot areas after the proposed adjustment would be 20.05 acres (TL 100) and 18.46 acres (TL 200). SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDING COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LIME ADJUSTMENT - APPROVAL STANDARDS: Section 18.162.060 contains the following standards for approval of a Lot Line Adjustment request: 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! The applicant's plan shows that the proposed lot line adjustment will not create an additional parcel. The subject properties are located in the R-7 zoning district which has a minimum lot size requirement of 5,000 square feet (18.52,050). Tax Lot 100 will be smaller after the adjustment but still over 20 acres in size, significantly larger than the minimum lot size in the underlying zone. Therefore, this criterion is satisfied. i NOTICE C]F DECISIONIURBAN SERVICE AREA MIS 98-0015 - PACIFIC SANTA FE CORP. LOT LINE ADJUSTMENT PAGE 2 OF 5 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, Both lots are currently vacant, therefore, this criterion does not apply. The resulting parcels are in conformity with the dimensional standards of the zoning district. Tax Lot 100 (20.05 acres) and Tax Lot 200 (18.46 acres) would both exceed the 5,000 square foot minimum lot size of the R-7 zone after the proposed adjustment. Both parcels are also in excess of 600 feet wide, in satisfaction of the 0-foot average minimum lot width requirement of the R-7 zone. Therefore, this criterion is satisfied. 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 lots created through the Minor Land Partition process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. Both parcels are vacant, therefore, this criterion does not apply. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accesway may not be included in the lot area calculation. Both of the subject parcels are flag lots with access to SW Beef Bend Road. The sizes of the 2 parcels are noted above. Evers with the flag "stem" area subtracted from both lots, the net parcel areas are still far in excess of the minimum lot area requirements of the zone. Therefore, this criterion is met. Lot Frontage: Each lot created through the partition process shall front a public right- of-way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement. Tax Lot 100 is a flag lot with 50 feet of frontage on SW Beef Bend Road. Tax Lot 200 is also a flag lot and has 25 feet of frontage on SW Beef Bend Road. Therefore, both parcels front a public right-of-way by more than 15 feet, in compliance with this criterion. Setbacks: Setbacks shall be as required by the applicable zoning district. Both of the subject parcels are currently vacant and no development is proposed as part of this application. Therefore, this criterion does not apply. 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. As noted above, both subject parcels are flag lots. However, both are currently vacant and no development is proposed a part of this application. Therefore, this criterion does not apply. (NOTICE of DECISIONIURBAN SERVICE AREA MIS 98-6015 - PACIFIC SANTA FE CORP. LOT LINE ADJUSTMENT PAGE 3 OF 5 Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.000. Screening may also be . required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Both subject lots are flag lets. However, neither lot is becoming a flag lot as a result of this proposal; therefore, this criterion does not apply. 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. The proposed lot line adjustment will not change the length of either accessway. Furthermore, no development is proposed as part of this application. Therefore, this criterion does not apply. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Both lots are flag lots with direct, private access to SW Beef Bend Road. Therefore, this criterion does not apply. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. As noted above, this proposal will not alter the accessways to the subject parcels. Therefore, this criterion does not apply. Floodpl in. Where landfill and/or development i 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 pedestrian/bicycle pathway plan. The subject properties are not located within or adjacent to the 100 year floodplain. Therefore, this criterion does not apply. SECTION V. OTHER STAFF COMMENTS The Engineering Department will complete a detailed review of the submitted Lot Line Adjustment survey map and legal descriptions prior to recording of the Lot Line Adjustment. SECTION VI. AGENCY COMMENTS Service providing utilities will have the opportunity to review the proposal and decision within the ten (10) day appeal period and may request reconsideration of the decision if it may adversely affect the utilities or fire district's abilities to provide service to the subject properties or the neighboring properties. ' SECTION VI1. PROCEDURE AND APPEAL INFORMATION i NOTICE OF OECISION/URBAN SERVICE AREA MIS 98-0015 - PACIFIC SANTA FE CORP. LOT LINE ADJUSTMENT PAGE 4 OF 5 r 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 DATE OF FILING: AUGUST 11, 1998 THE DECISION SHALL. BE FINAL ON AUGUST 21, 1998 SINLESS AN APPEAL IS FILED. Appeal: Any party ~ to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be fled with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS FRIDAY, AUGUST 21, 1998 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 039-4171. August 11, 1998 PREPARED BY: M. J. Roberts DATE Associate Planner - August 11, 1998 C APPROVED BY: R chard Bewersd DATE Planning Manager iAcurpIntmjrNmis98-15.I1a NOTICE OF DECISION/URBAN SERVICE AREA MIS 98-0015 - PACIFIC SANTA FE CORP. LOT LINE ADJUSTMENT PAGE 5 OF 5 t Y 'is a~ Gown k'n ` >ra v.r^xrrr. 7 m b Gq l~ 5 x Y 1M ~j q pp G }y~}7*~~ a /y ~qn< e rr~ 'VLSI: vils 99-0015 t P l`ic 5allta re ~ ~ At ustment-~-~ ti t.. GEOGRAPHIC IMPARtAATr.'.y .ISTEN c VICINITY A SVIEW 1~.:fA^ ®1II~I1 !®11 #esYr! i~ri ~ISlsll i~~ ~r F S 98-0015 2 SUBJE PAREELi Pacific Santa Fe HD Lot Line t? Adjustment IL \ < Z11 r - CMG ri N I r -~E P kaNG r O 400 OOP} feel 1"- 673 teat ICE- j rtL~ER T; _I 7-7 Litt° of Tigard L ~T 1 ouame5an an this rt a for g atai tacaGon only and V t r 1 ' t;J - should be veriOed N?th dltt'' -r ent fiP.tpiG:S mvelinn. 13125 t F"" 1 R: J 1~ALTY ?igur~ Q ._.:3 -t, - c~ - - (503) 6- 71 1.01 5 Community De. iment Plot date: Aug 11, 1998; agic\.magic02.apr