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LUBA2001-119 - Jean Hassell Trust, Jack Bond _ i I RF~~ Av ~ 2. Bozo o1 3 4 BEFORE THE LAND USE BOARD OF APPEALS 5 6 OF THE STATE OF OREGON 7 JEAN HASSELL TRUST, Jack H. Bond, ) 8 Trustee, ) CASE NO.2001-119 9 ) Petitioner ) to STIPULATED MOTION FOR STAY FOR vs. ALTERNANT LAND USE PROCEEDINGS 11 ) CITY OF TIGARD, ) 12 ) 13 Respondent ) 14 ) 15 The parties stipulate that the appealed land use decision and this appeal shall be stayed for a period 16 of ninety days while the petitioner seeks alternative land use approvals for the affected property to resolve 17 the issues raised by the challenged land use decision. The parties agree that further reasonable extensions of 18 this stay may be negotiated between the parties without prejudice to any right-. in this appeal or to 19 mediation of this dispute. 20 Dated 2001. Dated C.%2001. 21 Heidi Decker John T, Gibbon 22 Attorney for Respondent Attorney for Petitioner OSB No. 99480 OSB No. 79045 23 1727 NW Hoyt St. 13425 SW 72nd Ave. Portland, OR 97209 Tigard, OR 97223 24 015 26 Page 1 - STIPULATION John T. Gibbon, Attorney at Law 13425 SW 72nd Ave. Tigard, OR 97_23 nl_ /cn'1\ C1A nnl^I/CA V /cn'1\ ins On"' • IT IS SO ORDERED: 1 2 Dated this day of 2001. 3 4 5 LUBA Board Member 6 7 8 9 10 . I1 12 013 14 15 16 17 18 19 20 21 22 23 24 .25 26 John T. Gibbon, Attorney at Law Page 2 - STIPULATION 13425 SW 72nd Ave. Tigard, OR 97223 CERTIFICATE OF FILING • I hereby certify that on August 16, 2001, I filed the original and one copy of this Stipulated Motion for Stay for Alternate Land Use Proceedings with the Land Use Board of Appeals, 550 Capital Street, NE, Suite 235, Salem, Oregon 97301, by first-class mail. DATED this 16th day of August, 2001. RAMIS CREW CORRIGAN & BACHRACH, LLP Heidi T. Decker, OSB 9480 CERTIFICATE OF SERVICE • I hereby certify that on August 16, 2001, I served a true and correct copy of this Stipulated Motion for Stay for Alternate Land Use Proceedings by first class mail on the following parties: John T. Gibbon Attorney for Petitioner 13425 SW 72°d Avenue Tigard, OR 97223 DATED this 16' day of August, 2001. RAivIIS CREW CORRIGAN & BACHRACH, LLP eidi T. Decker, OSB #9 8 htd/tigard/HassellLUBA/Certi6cateF&S(srb) • Page I - CERTIFICATE OF FILING AND SERVICE RAMIS CREW CORRIGAN 503 243 2944 Jul 26,01 10:51 No.001 P.01 ARM I CR]aW 5 FACSIMILE TRANSMISSION COVER SHEET C1Zl COPT IGA.N & BACHRAC11. i i' Pracllcing as Iltbbard Caldwel Sch u lti Minas & Crew THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL In Oregon City INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR ATTORNEYS AT I.AW AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBYNOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY 1721 NY. Hoyt 31rcct PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY Purtlund, Orolon 97209 (,50,1)222-4402 DATE: July 26, 2001 CLIENT NO.: 90024-2 TO: Cathy Wheatley City of Tigard FAX 684-7297 PHONE 639-4171 FROM: Gary Firestone DESCRIPTION OF DOCUMENT TRANSMI'I"rED: Copy of LUBA's notice dated 7/24/01 of the appeal filed by Jean Hassell. COMMENTS: Weren't sure if you received this or not, so I am providing it to you for your information. 3 PAG (S)1'O FOLLOW, EXCLUDING COVER SHEET. W YOU DO NOT RECEIVE ALL O1~ THF, PACES, PLEASE. CALL THE UNDERSIGNED AT (503) 222.4402 IMMEDIATELY, THANK YOU. S1GNED: Sharon R. Beisley, Legal Secretary and Assistant ( I AN ORICINAI. IS BEING MAIL13U ) AN OKIGINAT. IS AVAILABLE. UPON REQUEST RAMIS CREW CORRIGAN 503 243 2944 Jul 26,01 10:51 No-001 P.02 re gon Land Use Board of Appeals `t r 550 Capitol St, NE, Suite 235 ~ 'Iolm A. Kitahohn, M V, Uovernor Salem OR 97301.2552 (503) 373-1265 RECEIVED July 24, 2001 JUL 2 5 2001 HAMIS CREW CORRIGAN & SACHRACH, LLP ATTORNEYS AT LAW Timothy V. Rarnis Ram is Carew Corrigan & Bachrach 1727 N W Hoyt Street Portland, Olt 97209 Rb; Jean Hassell Trust v. Tigard LUBA No. 2001-119 This is to advise you that a Notice of Intent to Appeal was filed on July 23, 2001 In the above matter and that OAR 661.010-0015 requires that service of the notice or intent to appeal be made upon 'the respondent within 21 days after the date of the land use decision being appealed. The record is to be prepared by respondent and transmitted to llro Board within 21 days of the date of such service. Enclosed is a summary of the specifications for preparation of the record as set out in OAR 661.010-0025(4). NOTICE: Pursuant to ORS 197.860, all parties to a IATHA appeal may at any time stipulate that the appeal proceeding{ be stayed to allow the parties to enter into mediation. Mcdlatlon Information and assistance can be obtained front Ualc Blanton at the Public Policy Mopute Resolution Program, telephone 373-0050 Ext. 246 or via e-mail at dale.blantnn@slate.or.us. Very truly yours, Kelly urgess Administrative Specialist Enclosures cc: John T. Gibbon • ~t~ RAMIS CREW CORRIGAN 503 243 2944 Jul 26,01 10:52 No.001 P.03 LAND USA BOARD OF APPEALS RECORD SPECIFICATIONS OAR 661-010-0025(4) The record submitted to LUBA, and any supplement or amendment thereto, must be prepared in accordance with OAR 661-010-0025(4). Bound Folder. The record must be in a suitable folder and seciirely fastened. OAR 661-010-0025(4)(a)(A) and (C). Cover Page. The record must include a cover page which includes the title of the case as it appears in the notice of intent to appeal. OAR 661-010-0025(4)(a)(A). Table of Contents. The record must include a table of contents, listing each item contained in the record and the page of the record where the item begins. OAR 661-010-0025(4)(a)(B). Oversized Exhibits. The record table of contents must list large maps, tapes or other documents retained by the local government, which will be submitted at oral argument. OAR 661-010-0025(2) and OAR 661- 0 1 0-0025(4)(a)(B). Consecutive Page Numbers. The pages of the record must be numbered consecutively. OAR 661-010-0025(4)(a)(D). Order of Documents. The record must be arranged in inverse chronological order, with the most recent item on top. OAR 661-010-0025(4)(a)(E). Certificate of Service. The record must include a certificate of service showing a copy of the record was served on petitioner(s). OAR 661- 010-0025(2)(D). The copy of the record served on petitioner(s) must include a certificate showing the date the record was filed with LUBA. OAR 661-010-0075(2)(C). 0 Land Use Board of Appeals • 550 Capitol Street NE, Suite 235 Salem, Oregon 97301-2552 (503) 373-1265 OPPORTUNITY FOR MEDIATION NOTICE Parties to a LUBA appeal have the option of entering mediation to resolve the appeal. Mediation is a process by which the parties, with the help of a neutral third-party, meet to address all or part of the issues arising from a particular land use decision. The mediation can be as limited or as comprehensive as the parties wish. To facilitate this alternative to litigation, the State of Oregon has established a Public Policy Dispute Resolution Program. The program is designed to afford those persons who arc involved in the governmental decision making process an ability to resolve issues arising from the decision in an informal manner. In some cases, state funds are available to cover a portion of the costs of the mediator. A LUBA appeal will be put on hold if all parties to the appeal stipulate to a stay of the appeal to enter into mediation. A sample stipulated motion is attached for your reference, if you would like more information about the state's mediation program, please contact Dale Blanton at (503) 373-0050, Ext. 246 or via e-mail at dele.blanton@statc.or.us. i 7-2S-201 8:38AM FROM P_1 s and Use Board of Appeals L >C Building ()regon 550 Capitol Street NE, Suite 235 John A. Kitzhabcr, M.D.. Govemor Salem, OR 97301-2552 (503) 373-1265 (VOiCe/TTY) FACSIMILE TRANSMITTAL SHEET TO: FROM: FAX: (D DATE: RE: PAGE(S):(Including cover page) CC: • []Urgent tFor Review []Please Comment ElPlease Reply []Please Recycle COMMENT(S): 010 i i I i ~ i 7-25-201 8:39AM FROM P.2 LAND U'SE BOARD OF APPEALS RECORD SPECIFICATIONS OAR 661-010-0025(4) The record submitted to LUBA, and any supplement or amendment thereto, must be prepared in accordance with OAR 661-010-0025(4). ✓ Bound Folder. The record must be in a suitable folder and securely fastened. OAR 661-010-0025(4)(a)(A) and (C). ✓ Cover Page. The record must include a cover page which includes the title of the case as it appears in the notice of intent to appeal. OAR. 661-010-0025(4)(a)(A). ,,/Table of Contents. The record must include a table of contents, listing each item contained in the record and the page of the record where the • item begins. OAR 661-010-0025(4)(a)(B). Oversized Exhibits. The record table of contents must list large maps, tapes or other documents retained by the local government, which will be submitted at oral argument. OAR 661-010-0025(2) and OAR 661-- 010-0025(4)(a)(B). _ Consecutive Page Numbers. The pages of the record must be numbered consecutively. OAR 661-010-0025(4)(a)(D). Order of Documents. The record must be arranged in inverse chronological order, with the most recent item on top. OAR 661-010-0025(4)(a)(E). Certificate of Service. The-record must include a certificate of service showing a copy of the record was served on petitioner(s). OAR 661- 010-0025(2)(D). The copy of the record served on petitioner(s) must include a certificate showing the date the record was filed with LUBA. OAR 661-010-0075(2)(C). John T. Gibbon, Attorney at Law message(503)452-8567 Sole Practitioner cell (503)70"708 Prptyr9htslwyr @aol.com Admitted in Oregon & Washington OFFICE Practicing in Law Offices that also contain the firms of John 13425 SW 72nd Ave. Shonkwi7er, P.C. &Wm. Hoelscher & Assoc., P.C.. The TIGARD, OREGON 97223 attorneys in these law offices are not Dartners and associate Phone (503) 624-0917 on by specific agreement with clients. FAX (503) 684-8971 EMPHASIZING REAL ESTATE & LAND USE LAW RECEIVED C.O.T. July 23, 2001 J U L 2 4 2001 Land Use Board of Appeals. Administration 550 Capitol St. NE, Ste. 235 Salem, OR 97301 Re: JEAN HASSELL TRUST v. City of Tigard To the Board : Herewith please find a copy of the Notice of Intent to Appeal in the referenced matter. It is hand delivered by my client who I understand is to provide you with the necessary $325 check for filing fees. Sincerely, ~4 77,~~ John T. Gibbon o1 DO I- I I cj Attorney at Law itg ~i led `~~a3 Enclosure: cc: file, A CERTIFIED TRUE COPY 1 2 TTORNEYS FOR PLAINTIFF 3 4 RECEIVED C.O.T. JUL 24 2001 s 6 BEFORE THE LAND USE BOARD OF APPEALS Administration 7 OF THE STATE OF OREGON 8 9 JEAN HASSELL TRUST, Jack H. Bond, ) Trustee, ) 10 Petitioner ) 11 vs. LUBA NO. CITY OF TIGARD, ) 12 Respondent ) • 13 j 14 ) NOTICE OF INTENT TO APPEAL 15 I. 16 Notice is hereby given that petitioner intends to appeal that land use decision or limited 17 land use decision of respondent entitled "Bond Nonconforming Use Determination - MIS2001- 18 00019, which was mailed on July 3 and became final on July 4, 2001 and which involves a 19 staff determination that the property acquired by the petitioner in lieu of foreclosure is not a 20 nonconforming multifamily use located in a single family zone, a copy of the decision is attached as exhibit A. 21 11. 22 Petitioner, Jack Bond, Trustee of the Jean Haskell Trust, owner of the property, is 23 represented by John T. Gibbon, Attorney at Law, 13425 SW 72nd Ave., Tigard, OR 97223, 24 (503) 624-0917. 25 26 John T. Gibbon, Attorney of Law Page 1 - NOTICE OF INTENT TO APPEAL 13425 SW 72nd Ave. Tigard, OR 97223 TL fr^1 \ e~ A Ilnl/ M AV /f A'1\ rOA tb^"l t • 1 III. 2 Respondent, City of Tigard, has as it's mailing address 13125 SW Hall Blvd., Tigard, 3 OR 97223 (503) 639-4171 and has as it's legal counsel, Timothy V. Ramis, of Ramis Crew 4 Corrigan Bachrach, 1727 NW Hoyt St., Portland, OR 97209, (503) 222-4402. IV. 5 Applicant, Jack Bond, Trustee of the Jean Haskell Trust of 920 SW Stephenson Ct. 6 Portland, OR 97219, was not represented in the proceeding below. 7 Other persons mailed written notice of the land use decision or limited land use 8 decision by the City of Tigard , as indicated by its records in this matter, include: NONE. 9 NOTICE: Anyone designated in paragraph IV of this Notice who desires to participate 10 as a party in this case before the Land Use Board of Appeals must file with the Board a Motion 11 to Intervene in this proceeding as required by OAR 661-10- 050. 12 13 14 John T, Gibbon, Attorney for Plaintiff OSB No. 79045 15 13425 SW 72nd Ave. Tigard, OR 97223 16 17 18 19 20 21 22 23 24 • 25 26 John T. Gibbon, Attorney at Law Page 2 - NOTICE OF INTENT TO APPEAL 13425 SW 72nd Ave. Tigard, OR 97223 A7_ /C^' % LnA nnl-1TA V /fnn\ LOA Of% )I • 1 2 3 4 CERTIFICATE OF SERVICE 5 6 I hereby certify that on July 23, 2001, 1 served a true and correct copy of this Notice of Intent to Appeal on all persons. listed in paragraphs III and IV of this Notice pursuant to OAR 7 661-10-015(2) by (a) first class mail. 8 9 Dated: 10 - John T, Gibbon, Attorney for Plaintiff I1 OSB No. 79045 13425 SW 72nd Ave. 12 Tigard, OR 97223 • 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 John T. Gibbon, Attorney at Law Page 3 - NOTICE OF INTENT TO APPEAL 13425 SW 72nd Ave. Tigard, OR 97223 5 0 3 2 9 3 1 0 2 4 3UL-06-01 02:15 PM M7NGRP%HBD ~r i i . • NOTICE OF TYPE I DECISION Gf1Y Of 11 4t0 . RIIt1Ml~{(y~D urfiplnenl BOND NONCONFORMING USE RETERMIf TIC±A &i,, r'ommgiilly 120 DAYS = 8/ 112001 SECTION. APPLICATION SUMMARY FILE NAME: BOND ONC NCO M1NG USE TERM NAT ON CASE NO.: Nonconforming Use (MIS) j MIS20 1-00019 PROPOSAL: The applicant requests a nonconform pg status fQr t~P.Duti-fatnily sc.._,~. at 9640 SW Frewing Street, SW Ash Street setback and, zoning classification reverted back to R-7 from RA.5. j APPLICANT: Jack Bond 920 SW Stephenson Court Portland. OR 97219 j OWNER: Same COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. i ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate I detached single-family homes with o"r without accessory residential units at a minimum lot size of 7,50p square feet.. Duplexas and attached single-family units are permitted conditionally. So* civic and institutional uses are also permltteo conditionally. LOCATION: 9640 SW Frewing Street; WCTM 2S10~CD, Tax Lot 00200. APPLICABLE j REVIEW CRITERIA: Community Development Code Chapter, 18.760. 1 SECTION II. DECISION Notice. Is hereby given that the City of Tigard Community D velopment Dir noes designee, tins ,DENIED the YO 'r gyest., . T1The. tindings and oditic'u loos on which., e. deti ton is based are noted in, Section IV. NOTICE OF TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PA 1 OF 4 EXHIBIT PAGE OF JUL-06-01 02:17 PM MTNGRP%HBD 5032931024 P.08 SECTION III, E3ACKGROUND INFORMATION • Site Info/ ation: The applicant indicates that there are multiple residential uOlts on the property. The purposo of this request is to determine whether there is a valid nonconforming status for the, existing units. According to aerial photographs found at the 'Washington County L nd Use Department, both structures have existed since the 1930's, which gives the stru tures a nonconforming status. Vicinity Information: The subject site is located on the southern corner of SW Ash Avenue and SW Frewing Street. Surrounding properties are also zoned R-4.5. Site History:, The site is within the Tigard City limits. A search of City records shows 2 minor land partitions associated with the property. No other land use decisions were found. . i SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS I COMPLIANCE WITH COMMUNITY DEVELOPMENT COME SECTIONS: HONCONFORMING USE STATUS: CCommuniit Development Code Section 18.390.020 a lows the Director to inake a determination regarding the legal status of a noncogforming use by mea0s of a Type 1 procedure, using the following criteria: • Proof that the use was permitted by this title at the timg it was established, by any of the following Copies of building and/or land use permits issued at the time ~he use was established; copies of zoning code provisions ano/or ma s; demonstration that the use was established before the first development: code for the dommunIty was adopted. The applicant has failed to demonstrate that the single-family home and acbessory structure were converted into multi-family residences before the first development a for the community was adopted by Washington County. According to Washington ounty's Land Use Department, an R-7 zoning designation was imposed on September 4th' ; 1959. The R-7 zoning district section 702 `Use" states, "No building. structure or land hall be used and no building or structure shall be hereafter erected, altered or enlarge in this district except for the following uses: (702-1.1) Single-family dwellings. 02-1.2) Accessory buildings. Therefore, the applicant was asked for additional information showing that the use was established prior to 1959 in a letter dated May 21st, 20011. The applicant has not provided the required information. Proof that the use has been maintained over time. Thjis includes copies of t e one or more of the following evidence for every other yeir from the time the u e was established until the current year. Standard evidence that the use ha> been maintained over time Includes: Utility bills; Income tai records; Business ligenses; Listings In telephone, business and Polk directorl4s; Advertisements in. dated publications, e.g., trade magazines, and/or; Building, land use or devel pment permits. NOTICE Or TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PA E 2 OF 4 EXHIBIT PAGE OF JUL-06-01 02:17 PM MTNGRP%HBD 5032931024 P.f99 The applicant has provided a letter from Portland General Electric Company stating that (4) electrical meters were installed at 9640 SW Frewing Street on February 25, 1 64 and (2) meters were installed at the accessory structure on February 27, 1984. However. the letter did not indicate the purpose of the electrical meters or how many units were on the property at the times the meters were installed. Other records provided by the applicant include a 1974 building permit applicati n for a residential addition at 9640 SW Frewing Street, which is now used as one of the apartments. Sewer permits issued by Unified Sewerage Agency of Washington C~unty on March 28th, 1980 for installation of building sewer for 9640 SW Frewing Street ind cate (3) units in the main structure and (2) units in the accessory structure. The sewer permits are the only documents provided by the applicant that provide ,any information as to ho many dwelling units are located on the subject property. None of this information indicat rs proof that the units were legally established prior to September 4, 1959. FINDING: Based on the analysis above, the applicant has not provided s~ fficient "'--1nTorrtTatlon in order for staff to cbbsidef the'p1`offRrf ' 6` o on err i-ng - Non formin con g use of structures (18.760.040 D.) If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a; single, accessory stricture) existed as of March 16, 1983, It would not be allowed I" the zoning district Is hich it Is located, or which is nonconforming because of inadequate off-street p rking, landscaping or other deficiency (under the terms .of this title or amendment t ereto), the lawful use may be continued so long as it remains otherwise lawful. • Prior to September 4'h, 1959, the existing use would have 'been lawful because the Ire was no zoning. However, as discussed above, the applicant ;has not demonstrated t at the structures on the subject property were converted to multi-family prior to 1959. From 1973 to 1983, the subject property was zoned Ru-4 under Washington County's zoning designation, which would not have allowed the conversion of a single-family hom~ into a multi-family dwelling and the conversion of an accessory structure into a duplex. i FINDING: Based on the analysis above, Staff finds that the accessory strut ure Is considered a legal nonconforming structure based on 1930's Aerial hotos - that show the structure on the property. The nonconforming use sta us for the use of the property, as a multi-family 'use is denied based n the applicant's failure to demonstrate that the single-family home and accessory structure were converted into multi-family residences before the first development code for the community was adopted by Washington C l unty. Therefore, the applicant has two (2) options: 1) convert the structure Ioc led at 9640 SW Frewing back to a single-family dwelling and remove the i legally converted apartments in the accessory structure; 2) bring the prope y into compliance by applying for a conditional use permit to allow the struct res to remain as duplexes. NOTICE OF TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PA 3 OF e EXHIBIT PAGE OF ,JUL-06-01 02_16 PH NTNGRP%HBD 50329319Z4 • I SECTION V. PROCEDURE AND APPEAL INE,ORMATI4N 1 Notice was mailed to the applicant and owners. vision: The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's ded ion may not be appealed locally and is the final decision of the City. YHE.DECISLON,a$ ONAL..QN JUL. 3, 2401 A l BECOI'4AESFYiV ON JU. Y d, 200 I ` gvestioria: If you have any questions, please call the City of Tigard Planning Division or CoInmunity Development Departme^t of Tigard City Fall, 134.25 SW 0M 1:3Cu!9vard, Tigard, Oregon at (503) 639-4171. , I i ' o- Cam-: _ July 3, 2001 PREPARE 13' . ff6ld gee Assistant Planner i I -I,,curplnWlathowhionc.ontormingkgoiid Noncon.doc dot I I I I I I I I I f i i I NOTICE QF TYPE 1 DECISION BOND NONCONFORMING uSE DETERMINATION PACE .1 OF 4 I EXHIBIT PAGE i;F CA OAJ~ BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON JEAN HASSELL TRUST, Jack H. Bond, ) Trustee ) • Petitioner, j vs. ) LUBA NO. 2001-119 CITY OF TIGARD, ) Respondent. ) Certified to be a True Copy of Original on file • z Bir. City Re der - City of Tigard Date• 7 0 1o I • CITY OF TIGARD - TYPE I DECISION BOND NONCONFORMING USE DETERMINATION (MIS2001-0019) CITY OF TIGARD RECORD FOR LAND USE BOARD OF APPEALS (LUBA NO. 2001-119) I, Catherine Wheatley, City Recorder for the City of Tigard, certify that the contents within are a true copy of the record. • :mac Catherine Wheatley, City Recor r Date • i TABLE OF CONTENTS Page Statement Certifying the Supplemental Record i Table of Contents ii Exhibit No. 1 Notice of Type 1 Decision - Bond Nonconforming Use Determination.......... 1-4 2 Computer Screen Print Out - Summary Report on Property ..........................5 3 Information Summary for Case MIS2001-00019 .....................................6 4 June 27, 2001, Letter from Mathew Scheidegger to Jack Bond .......................7 5 Facsimile Transmission from Washington County Department of Land Use and Transportation to Matt S. - City of Tigard 8-15 6 May 21, 2001, Letter from Mathew Scheidegger to Jack Bond ....................16 • 7 Non Conforming Confirmation Application for 9640 SW Frewing 17-42 8 April 6, 2001, Letter from Mathew Scheidegger to Jack Bond 43-44 9 September 15, 2000, Letter from Mathew Scheidegger to Jack Bond 45 10 February 3, 2001, Letter from Mathew Scheidegger to Lauri Aldridge........... 46 11 December 17, 1999, Letter from Mathew Scheidegger to Lauri Aldridge 47-48 12 Property History Information 49-60 • ii vi gcfc'k.: ~~s NOTICE HYPE I DECISION TLLs ' t - ";r~ -s=xycmrOFnoaao"~.~ 7 '."fie ^ia 'ti- x y -s,+:,.cf~S` #'Xi ..+a. ~-rt'nYy,3tr 3 O" a3otnnut efoirtenE. as tat~ °t BOND NONCO FORG P$E:flETERMI TION J MIN jy v~t -7 wl y_ e t4 s .r w .v: - 12;x- y..; } ,..___e •,a.,~„kc:...-x.r,.a~L_...r-R~.:,......ztza,.F: ~~y~:-.,`,~Y' . ..a...~~~'~rrs~.,;. .=~i',a~..~.x~.._ur a; - Mpg 120 DAYS = 8/31/2001 SECTION I. APPLICATION SUMMARY FILE NAME: BOND NONCONFORMING USE DETERMINATION CASE NO.: Nonconforming Use (MIS) MIS2001-00019 PROPOSAL: The applicant requests a nonconforming status for the multi-family use at 9640 SW Frewing Street, SW Ash Street setback and zoning classification reverted back to R-7 from R-4.5. APPLICANT: Jack Bond 920 SW Stephenson Court Portland, OR 97219 • OWNER: Same COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted -conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 9640 SW Frewing Street; WCTM 2S102CD, Tax Lot 00200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter. 18.760. SECTION II. DECISION :r-srv S z.^ fi. mat "E a s-v .+c: l A Y;r :S:,tcr 3'i'=' Zy3„?~ `3 . •once`~=h~e eby3glventhatth`eG" of~ aEo ma ,{~,Devo mentDii ctosdesig~iee a 6~~rsiy~ a~ ~ jx '•7'84pa - Syr F r g 5 r a asTENIED~th'~eabovee~ues~~The ~ngspa us~ons,,~n~c~- e:decFS~gn-~s~~ Page i of ~ic) Pages NOTICE OF TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PAGE 1 OF 4 SECTION Ill. BACKGROUND INFORMATION • Site Information: The applicant indicates that there are multiple residential units on the property. The purpose of this request is to determine whether there is a valid nonconforming status for the existing units. According to aerial photographs found at the Washington County Land Use Department, both structures have existed since the 1930's, which gives the structures a nonconforming status. Vicinity Information: The subject site is located on the southern comer of SW Ash Avenue and SW Frewing Street. Surrounding properties are also zoned R-4.5. Site History: The site is within the Tigard City limits. A search of City records shows 2 minor land partitions associated with the property. No other land use decisions were found. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: NONCONFORMING USE STATUS: Community Development Code Section 18.390.020 allows the Director to make a determination regarding the legal status of a nonconforming use by means of a . Type I procedure, using the following criteria: Proof that the use was permitted by this title at the time it was established, by any of the following Copies of building and/or land use permits issued at the time the use was established; copies of zoning code provisions and/or maps; demonstration that the use was established before the first development code for the community was adopted. The applicant has failed to demonstrate that the single-family home and accessory structure were converted into multi-family residences before the first development code for the community was adopted by Washington County. According to Washington County's Land Use Department, an R-7 zoning designation was imposed on September 4t', 1959. The R-7 zoning district section 702 "Use" states, "No building, structure or land shall be used and no building or structure shall be hereafter erected, altered or enlarged in this district except for the following uses: (702-1.1) Single-family dwellings. (702-1.2) Accessory buildings. Therefore, the applicant was asked for additional information showing that the use was established prior to 1959 in a letter dated May 21St, 2001. The applicant has not provided the required information. Proof that the use has been maintained over time. This includes copies of the one or more of the following evidence for every other year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes: Utility bills; Income tax records; Business licenses; • Listings in telephone, business and Polk directories; Advertisements in dated publications, e.g., trade magazines, and/or; Building, land use or development permits. Exhibit I Page A of Pages NOTICE OF TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PAGE 2 OF 4 The applicant has provided a letter from Portland General Electric Company stating that (4) electrical meters were installed at 9640 SW Frewing Street on February 25, 1964 and • (2) meters were installed at the accessory structure on February 27, 1984. However, the letter did not indicate the purpose of the electrical meters or how many units were on the property at the times the meters were installed. Other records provided by the applicant include a 1974 building permit application for a residential addition at 9640 SW Frewing Street, which is now used as one of the apartments. Sewer permits issued by Unified Sewerage Agency of Washington County on March 28"', 1980 for installation of building sewer for 9640 SW Frewing Street indicate (3) units in the main structure and (2) units in the accessory structure. The sewer permits are the only documents provided by the applicant that provide any information as to how many dwelling units are located on the subject property. None of this information indicates proof that the units were legally established prior to September 4, 1959. FINDING: Based on the analysis above, the applicant has not provided sufficient information in order for staff to consider the property legal nonconforming. Nonconforming use of structures (18.760.040 D.) If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single, accessory structure) existed as of March 16; 1983, it would not be allowed in the zoning district is which it is located, or which is nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this title or amendment thereto), the lawful use may be continued so long as it remains otherwise lawful. Prior to September 4t', 1959, the existing use would have been lawful because there was no zoning. However, as discussed above, the applicant has not demonstrated that the structures on the subject property were converted to multi-family prior to 1959. From 1973 to 1983, the subject property was zoned Ru-4 under Washington County's zoning designation, which would not have allowed the conversion of a single-family home into a multi-family dwelling and the conversion of an accessory structure into a duplex. FINDING: Based on the analysis above, Staff finds that the accessory structure is considered a legal nonconforming structure based on 1930's Aerial photos that show the structure on the property. The nonconforming use status for the use of the property, as a multi-family use is denied based on the applicant's failure to demonstrate that the single-family home and accessory structure were converted into multi-family residences before the first development code for the community was adopted by Washington County. Therefore, the applicant has two (2) options: 1) convert the structure located at 9640 SW Frewing back to a single-family dwelling and remove the illegally converted apartments in the accessory structure; 2) bring the property into compliance by applying for a conditional use permit to allow.the structures to remain as duplexes. Exhibit Page 3 of J~_ Pages NOTICE OF TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PAGE 30F4 SECTION V. PROCEDURE AND APPEAL INFORMATION • Notice: Notice was mailed to the applicant and owners. Final Decision: The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THE- DL,C 310. N IS FINAL-ON JULY 3;2001 AND r - BECOMES EFFECTIVE ON JULY 4, 2001. Questions: If you have any questions, please call the City of Tigard Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. July 3. 2001 PREPARE B ew c e ger Assistant Planner i:\curplnWathevAnonconforminglBond Noncon.dec.dot Exhibit I Page ;-i of _CZ Pages NOTICE OF TYPE I DECISION BOND NONCONFORMING USE DETERMINATION PAGE 4 OF 4 _ y F„m v i 3 L s+ {fc_ _ J_r i 7 In k~~~•; D' '.c t~{IU M j s °a s-~ ~ s' C J £ ~ ~:t~~ r~a., ~i l"'•`.,4~ f !`S VJ 3 r -iy h` x! ~b #A'°' -JY•r6 Miscellaneous Permit --MIS2001-00019 Status M . [3en r rf amF fkLDRIDG, LfAURt DEL HANSLN 'Update i Oa-03-01 PLL 1 rre 09Gitl S1N FR _ ING.ST ,3~ } i lur: TICi y e75Tc t "Pon ^++?a,ter^.# MIS2001-00019~'r6je~ BOND NONCONFORMING G- s. +_i. R . Y request for nonconforming status for the multi-family use at 9640 SW Frevring Street SW Ash Street setback and zoning classification reverted back to R-7 s+:`R•'. ^ve,air4.a'.-•.v..,.:. sc..,-.s: .xsc.,,~,r m c Typt P ~ of errnit r- - PEsolutin fVurrit er ' E: * sF ZOnlr1C~. P-4 Target: f `y z rx ' < -77 Flnaled • ~ ~v f - 2 A 5~-O 4` ~ R _ - - AMY s~.r ftx 1 9 _ . r ierQsoft- d ~ PERMLT _PLAN = ~ ~ - • Copyright ®1997 -1999 Tidemark Computer Systems Inc. 713/01 !m Rights Reserved. Exhibit a Page 5 of Pales '7/3 i 0 11 7/3/01 Information Summary for Case M MIS2001-00019 2:10:27 PM Activity Hold Updated Octivity Description Date 1 Date 2 Date 3 Disp. Level By Updated MISA007 Application received 5/3/01 DONE No Hold PLL 7/3/01 MISA008 Planner assigned to case DONE No Hold PLL 7/3/01 MISA009 Case created 7/3/01 DONE No Hold PLL 7/3/01 MISC320 Request denied 713/01 DONE No Hold PLL 7/3/01 This request has been DENIED. Based on the analysis in the decision, staff finds that the accessory structure is considered a legal nonconforming structure based on 1930 aerial photos that show the structure on the pooperty. The nonconforming use status for the use of the property as a multi-family use is denied based on the applicant's failure to demonstrate that the single-family home and accessory structure were converted into multi-family residences before the first development code for the community was adopted by Washington County. Therefore, the applicant has two (2) options: 1.) convert the structure located at 9640 SW Frewing back to a single-family dwelling and remove the illegally converted apartments in the accessory structure; 2.) bring the property into compliance by applying for a conditional use permit to allow the structures to remain as duplexes. Case People Listing Role TYPe Name I Address Company Name Hold Primary OWN ALDRIDGE, LAURI DEL HANSEN Y 9640 SW FREWING ST TIGARD OR 97223 • Exhibit Page (P of _ Pages June 27, 2001 CITY OF TIGARD Jack Bond OREGON 920 SW Stephenson Court Portland, OR 97219 Dear Mr. Bond: This letter is in regards to your Minor Land Partition Application (MLP1999-00016). The last time we met to discuss your application was April 03, 2001. Based on that meeting, a letter was sent to you asking for additional information needed to proceed with your application: • Proposed 25-foot right of way on Frewing Street. • Proposed 30-foot Radius, right of way on the corner of Ash Avenue and Frewing Street. Submit plan showing: proposed property lines for a 2-lot partition, setbacks drawn to scale. • Fourteen (14) copies of the narrative and plans. • Request 500-foot property owner mailing list. Mailing lists are only good for three months. I have included a request form with this letter. As of June 27, 2001, 1 have not received the information above. Therefore, the City will withhold deeming your application complete until July 13th, 2001. If additional information has not been received by July 13th, 2001, the City will deem your application complete and issue a denial based on the most current information provided. If you have questions regarding your application or if I can answer any other questions, please don't hesitate to contact me at (503)-639-4171, x317. Sincerely, Mathew Scheidegger Assistant Planner I Acu rplnVnathewVn1p 1999-00016.acc10 .c: MLP1999-00016 Land use file Exhibit Pa a "7 of 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 M- Pages JUN-10 01 23:18 FROM:WASHCO LAND DEV SERV 503-846-2908 TO:5036847297 PAGE:01/08 WASHINGTON COUNTY DEPARTMENT OF LAND USE AND TRANSPORTATION • LAND DEVELOPMENT SERVICES DIVISION 155 N. FIRST ST., 9350-13 HILLS80R0, OR 97124 PHONE: (503) $q6-816t FAX: (503) $46-2908 W W W .CO.WASH1NGi'ON .OR.US FACSIMILE TRANSMITTAL SHEET TO. G_ FAX NUMBER: {p$~ ^ 29 PHONE: - FROM: ~PHONE: DATE: l1 ► ~ - - - - TOTAL NO. OF PAGES iNCLUVING COVER: If ap pages do not arrive in Iegol4e foan, please mnW w by telepbom at (503) 846-6761. RE: Q URGENT 0 FOR REVIEW Q PLEASE COMMENT ❑ PLEASE REPLY Q PLEASE RECYCI.E ❑ AS REQUESTED NOTES COMMENTS: Exhibit Page q, of 6b Pages PAGE:02/08 JUN-10 01 23:18 FROM:WASHCO LAND DEV SEW 583'846-2908 70:5936847297 700 R-7 DISTRICT URBAN RESIDENTIAL DISTRICT R-7 701 PURPOSE The purpose of this district is to provide for and protect residential land properly located for families who desire to live in a single family dwelling environment, who do not want nor have a need for larger lots hereinafter provided. Tnis district is designed to be used in areas providing full urban services including public water and public sewer. 702 USE 702-1 No building, structure or land shall be used and no building or structure shall be hereafter erected, altered or enlarged in this district except for the following uses: 702-1.1 Single family dwellings. 702-1.2 Accessory buildings. 702-1.3 Farming, truck gardening, orchards and nurseries, provided no retail or wholesale business sales office is maintained on I the premises, and provided that no poultry l; • or livestock, other than normal household pets, are housed or any fenced run located within one hundred-(100) feet of any resi-; donee other than the dwelling on the same ; lot. 702-1.4 Conditional uses as provided in Section 1900. 702-1.5 Temporary structures for uses incidental to construction work which shall be removed ' upon completion or abandonment of the con- struction work. This includes a temporary tract sales office which shall be limited ~I to'the sale of properties within the invtw!- diate tract development only. j 702-1.6 Signs as provided in Section 710 2. ' 703 LOT SIZE 703-1 The minimum lot area shall be seven thousand (7,000) square feet per dkrelliiig unit. 703-2 The minimum average lot width shall bo sixty (60) feet. 703-3 The minimum lot width at the bidding line shall be i sixty (60) feet. • 1. Ordinance al - 219171 , 0 linance 73 - 10-20--7d Exhibit 5 Page of (p0 Pages JUN-10 01 23:19 FROM:WASHCO LAND DEV SERV 503-846-2908 T0=5036847297 PAGE:03/08 703-4 The minirbum average lot depth shall be one hundred • (100) feet. 703-5 The minimum lot width at the street shall be forty (40) feet. 703-6 The minimum lot width at the street on an approved cul-de-sac small be twenty (20) feet. 704 YARD REQUIREMENTS 704-1 FRONT YARD 704-1.1 Ti)e minimum front yard shall be twenty (2U) feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on zither side if both lots are occupied; if one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required twenty (20) foot setback. If neither of the abutting side lots or-tracts are occupied oy a structure, the setback shall be twenty (20) feet. 704-1.2 On corner lots, the yard along the long dimension of the lot may be reduced to ten ,(10) feet. In case of a square lot or lot having equal frontage on two intersecting streets, one front yard may be reduced to ten (10) feet providing the other front yard is at least twenty (20) feet. 704-2 SIDE YARD 704-2.1 There shall be a minimum side yard on each side of any main building varying according to height as follows: One story (1) 5 feet We and one half (11) 6 feet Two story (2) u feet Two and one half (2#) 7 feet 704-2.2 Required yards or other open space around at'i existing building, or' which is hereafter provided around any building for the purpose of complying with the provisions of tnis code, shall not Inc considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as provid- ing a yard or open space on a lot whereoii a building is to be erected. r Exhibit Page _ 110 of ~(Z Pages JUN-10 01 23:19 FROM:WASHCO LAND DEV SERU 503-846-2908 i T0:':;:P136847297 PAGE:04/08 704-2.3 Fvary required front, side and rear yard steal l be open and unobstructed from the ground to the sky. 704-2.4 Projettion irnto yards a. Cornices, eaves, oel t courses, sills, canopies, or other similar arciiitectural features (not including bay windows or vertical projections) may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and may extend or project into a re- quired front or rear yard not more t>>arn thirty (3o) inches. Fireplace chimneys may also oroject.into a required front, side or rear yard not more than twenty (20) inches provided the width of such side yard is not reduced to less than three (3) feet. b. Open porches or balconies, not more than thirty (30) inches in height and not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet and such porches may extend into a required front yard not more than thirty (30) inches. c. A fence, lattice work, screen or wall, not more than six (6) feet in height, or a hedge or thick growth of shrubs, maintained so as not to exceed six (6) feet in height, may be located in any required side, front or rear yard, except as modified in Section 7u4-4. 704-3 REAR YARD r 704-3.1. There shall be a rear yard with a minirnum depth of twenty-five (25) feet to the main building. 704-4 CORNER VISION 704--4.1 Corner lots shall have no sight obstruction between three 13) feet and ten (10) feet in height nv%asured from street grade located closer than twenty (20) feet fronn the street corner in any direction. Exhibit r a Page ti of 6040 Pages JUN-10 01 23:19 FROM:WASHCO LAND DEV SERV 503-846-2908 T0=5036847297 PAGE:05108 704-5 HALF STREETS • 704-5.1 The minimum front or side yards or otne r setbacks as stated herein, shall be in- creased where such yard or setback abuts a street having insufficient right-of-way width to serve the area. The Planning Commission shall dete nnine the necessary right-of-way widths and the additional yard or setback requirements in such cases. 705 HEIGHT 705-1 Maximum height of any structure shall be two and onu- half (21) stories or thirty-five (35) feet whichever is less. 705-2 Chirm eys, radio and television aerials may extend above the thirty-five (35) foot height limit to a maximum height of fifty (50) feet. 7OG LOT COVERAGE 706-1 The maximum area that may be covered by a dwelling unit and accessory buildings shall not exceed thirty- five (35) percent-of the total area of the lot. • 707 OFF-STREET PARKING 707-1 SINGLE FAMILY RESIDENCES 707-1.1 One (1) off-street parking space shall be provided for each dwelling unit. Such space shall not be located in the required front yard. 707-1.2 Such space shall be accessible to a public street or alley. 707-1.3 Such space shall be at least one hundred and sixty (160) square feet in area. 707-1.4 Such space shall be used for the parking of operatable passenger automobiles only. No over night parking of trucks or other equip- ment on wheels or tracks used in the conduct of a business activity shall be permitted. Such restriction shall not be deemed to pre- ~ vent the parking of not to exceed one un- occupied house or camping trailer and/or not to exceed one pleasure boat. 707-1.5 The provision and maintainance of off-street parking space is a continuing obligation of the property owner. Exhibit 5 Page IQ_ of Pages JUN-10 01 23:19 FROM:WASHCO LAND DEV SERV 503-846-2908 T0:5q36847297 PAGE:06/08 707-1.6 A plan, drawn to scale, indicating how the off-street parking requirement is to be fulfilled, shall accompany the request for a building permit. 707-2 CONDITIONAL USES 707--2.1 Parking for conditional uses allowed in this zone shall be provided as indicated in Section 1600. 708 ACCESS 703-1 All lots in this district shall abut a public street or shall have such other access held suitable by the Board of Adjustment. 709 ACCESSORY BUILDINGS 709-1 GENERAL 709-1.1 No separate permit shall be issued for the construction of any type of accessory build- ing prior to that of the main dwelling. 1 709-1.2 Detached accessory buildings may occupy not more than twenty-five percent (25%) of a required rear yard, provided such building is not more than one (1) story in height and located at least five (5) feet from the nearest part of a main building and shall not be erected closer than five (5) feet to a property line. 710 SIGN STANDARDS 710-1 A sign advertising the sale or rental of a premise. not artificially illuminated, of a temporary nature, with a maximum area of one side of twelve (12) square feet, when erected at least ten (10) feet behind the front property line. 710-2 A sign advertising the sale of a tract of land or a legally approved subdivision or development, not artificially illuminated, of a temporary nature, with a maximum area on one side of one hundred and fifty (150) square feet, when erected at least ten (10) feet behind the front property line. All such signs shall be approved by the Board of Adjustment before erection as to location in regard to health, safety, view ob- struction, or other such conditions. 1b I. Ordinance 81 - 213171 Exhibit age 1. of Inn JUN-10 01 23:20 FRO1:WASHCO LAND DEV SERV 503-846-2908 TO:5036847297 PAGE=07/08 • 710-3 One indirectly lighted or transparency name plate for each dwelling, not exceeding one (1) square foot in area, indicating the name of the occupant or address. 7.12 CONDITIONAL USES 2712-1 Conditional uses as provided by Section 1900. 713 PROHIBITED USES IN R-7 DISTRICTS 713-1 Structures or uses of land not specifically mentioned in the foregoing.chapter. 713-2 The use.of automobile trailer houses as residences. 713-3 Outdoor advertising displays, advertising signs or structures except as provided in Section 710. '3713-4 The parking or storage of five (5) or more motor vehicles on any residential lot unless such is found to be compatible to the area by the Board of Adjust- ment. 9 714 EXCEPTIONS 714-1 When a developer of four (4) or more acres of land • submits plans for an entire development program with the objective of providing suitable view, ample yard area and other aesthetic conditions in harmony with the neighborhood, the Planning Commission may waive the front, side or rear yard requirements if it holds that the proposed design is in the best interest of S the public and adequate to provide desirable places in which to live. All such developments shall have required yards and setbacks as part of the recorded plat. 714-2 The Director may consider and approve reductions in E the required front and rear setback for hillside E residential properties. Said reductions shall be considered when the following conditions exist. I A. The application of the required setback will necessitate extraordinary cutting or filling of the land resulting in potentially unsightly I banks. B. The existing or proposed building pad on the site maintains a depth less than the required minimum I lot depth for the particular zone. 1. Ordinance 73 - '20-20-70 • 2. Ordinance 70 619170 3. Ordinance 72 - 8111174 d. Ordinance 86 - 5113171 1 Exhibit 5 Page _L~L- of JUN-10 01 23:20 FROM:WASHCO LAND DEV SERV 503-846-2908 TO:5036847297 PAGE:08/08 r C. The reduction of the required setback wuuld not permit the development of the property in a r manner that would be more hazardous or detrimental to the public safety than developments within the required setback. r For the purposes of this tection a hillside property shall be any legally created lot or parcel with an average change of grade from the front to the rear property line of more than 5%. A building pad shall be that portion of the property with an average change of grade from front to rear of 5% or less. ■ I Exhibit Pa e / ; of Pages May 21, 2001 Jack Bond 920 SW Stephenson Court Portland, OR 97219 RE: Legal Nonconforming Use. Dear Mr. Bond: This letter is in regard to your request for a legal nonconforming use at 9640 SW Frewing Street. Based on the information that you have submitted and records obtained through the Land Use Department at Washington County, I have come to the following conclusions: 4 County records show the property to be designated R-7 from 09/04/59 to 06/12/73, RU-4 from 06/12/73 to 12/27/83 and R-5 from 12/27/83 to the time the property was annexed into the City of Tigard. 4 Records submitted by the applicant show the house to have been a multi- family dwelling only as far back as 1964 and the accessory structure a duplex as far back as. 1984. In order to proceed with the legal nonconforming designation, I will need evidence that the main house and the accessory structure were converted into multi-family dwellings prior to 1959. Staff will also need to conduct a site visit with the City's housing inspector to verify how many units are in each building and that'they meet City housing standards. If you wish to proceed with a site visit, please call to schedule an appointment at (503) 639-4171, x317. Sincerely, Mathew Scheidegger Assistant Planner i Acurpln\mathew\mlp1999-00016.acc.acc6.doc c: MLP1999-00016 Land Use File Exhibit Page / 4,) of b 1)_ Pages • Non Conforming Confirmation Application for 9640 SW Frewing • Exhibit Page 1`7 of - 6n- Pages Letter Application for Non-Conforming • -.Copy Washington County Zoning Map 1959-1973 showing R-7 RECE,,FD P..ARNING Copy Sewer Permits 1980 MAY 0 2001 "Multi-family use and DU. CITY OF TIGARD Copy BuildngPermit 1974 expandin RECEIVED PLAMNING Main floor living space MAY 0 4 2001 CITY OF TIGARD+ PGE Certification of 6 residentia Electric meters opy Assessor's Office record showing 6 bathrooms opy deed showing .968 acre opy Water Connection for House i as connection for House and Dupl ID for SW Ash sewer,Water,street • Statement of owners and residents Exhibit Page I q- of Pages 2 May 2001 Matt Scheidegger Assistant Planner City of Tigard 13125 SW Hall Boulevard Tigard OR 97223 RE: Non-conforming Confirmation application for 9640 SW Frewing Request Director confirmation of non-conforming status as 1) multi-family use, 2)SW Ash set-back, and 3)Zoning classification R7. 18.760.010A There existed at 9640 SW Frewing upon annexation in 1983 into the City of Tigard, an undivided lot .968 acre parcel, 2 residential structures, continued use of street area, and lawful use as apartments under then existing Washington County Zoning as R7-. This was prior to the adoption of current Municipal ordinances currently requiring R4.5 compliance. The R7 conditions are more compatible requirement confirmation than the non-conforming use of the R4.5 classification. 18.760.020A(1) Submitted herewith are documents as proof of pre-existing condition and uses. a. Copy of County Zoning map with R7 designation valid in 1959 (Exhibit I b. For use as apartments: 1. Copy of sewer permits .1968, 1980 "D.U.'s 3 and 2 when connected designating multi-family use (Exhibit2)9. 2. Copy of building permit expanding living space in house to accommodate additional unit in 1974 under Washington County Code (Exhibit 3). 3. Certification of installation of 4 residential electric meters on the property in 1964, 2 meters in 1984 and continuous electric billing (Exhibit. - 4. Property improvement detail for assessment indicates 4 bathrooms for the house and 2 for the duplex (Exhibits'). c. Copy deed with description as.968 acre (Exhibit 6 ) d. Copy of 1974 sketch map access use and "set-back" of duplex building on Ash street (Exhibit3 page 2). 18.760.020A(2) Submitted herewith are documents as proof for use has continued over time. 1. Certification of electric meter installation 1964 and 1984 and billings since installed (Exhibit + 2. Water connection for house was in 1968 (Exhibit'). 3. Water connection for duplex was separated from house in 1984. 4. Gas connection for house in 1932 and Duplex in 1966 (Exhibit F). 5. LID places sewer and water lines in SW Ash Street (Exhibit q.) 6. Statements of persons living in the area for long-time period and/or knowing persons who lived in the apartments prior to 1983. (cyk 41 /0) 2 .2. Exhibit I_ Page. I _ of Page 2 Non-conforming confirmation Application - 9640 SW Frewing 18.760.040A(2)(b) Pray for conformation decision that allows lot as R7 and to be occupied as 6 residential units, e.g. density.968 x 7 = 6.77 units. 1. Deed gives area as .968 acre (Exhibit 6 2. 18.370.020C(1)(a) The special circumstances/conditions affecting this property which are unusual and peculiar: a.. Property has a duplex building and apartment house on same lot. b. House has been continuously used as apartments since 1950. c. Duplex address as 13510 SW Ash is not recorded with Washington County Assessment and Taxation or the City of Tigard yet has recognition by US Postal Dept., various utilities, Building departments of Tigard and WAC and the Tigard Police Department. d. Total of 6 bathrooms on WC Assessment files (Exhibit3I e. SW Ash has been recognized by residents and public as a set back from former muddy trail or current pavement edge to accommodate use of garages with required 20 foot set back xhibit 3 , Plot Map). 18.760.040A(3)(b) Pray for approval of attached adjustment requests to facilitate separate ownership of lots when partitioned. 1. 18.370.020B(1)(b) 4 ft side yard set back between driveway and garage. 2. 18.370.020B(1)(b) 4 ft side yard set back along north side of house. • 3. 18.370.020B(2)(b) 20 ft dedication on SW Frewing to preserve trees. 4. 18.370.020C(1)(a) The special circumstances/conditions affecting this property which are unusual and peculiar, to-wit: a 5 ft rear yard set back from house allows a straight property line between the house and duplex upon partition. Such 5 ft distance is in compliance (18.7 if this were the condition in 1974 when the additional space was added to the house as an assessory unit. .18.760.040B(1) The non-conforming use does not and has not expanded, increased, or extended to a greater land area or to a greater existing building coverage area than existed in 1983 upon annexation. (2) No use has been moved from that occupied by apartment use since 1974, (3) Use as apartments has never been discontinued for any 6 - month period. The statement by Ms Aldridge in a prior narrative regarding 1993-1995 is not true based on facts that rental contract of the basement apartment was in effect during this time as living space for two individuals at different times spanning more than six month periods. (5) No additional structures have been constructed on the lot since 1974. 18.760.040D(1)(b) The house is and has been used as apartments at the time of adoption of this title. (d) None of the discontinued use criteria have been met. • Exhibit Page ;P0- of 69C7 Paavc Page%3 - Non-conforming confirmation Application - 9640 SW Frewing 18.760.050A Routine maintenance and repairs, as allowed in this section, have been performed by four different succeeding owners from 1950 to present, on the existing structures to: 1. up-grade wiring, electrical and plumbing fixtures, 2. install insulation, Iinstall environmentally conforming windows and doors, 4.replace roofs, 5.repair structural deterioration of non-bearing walls and ceilings, 6.improve grade conformation and drainage, 7.prune trees and shrubs 8.rebuild fences, and 9.paint inside and out. /Jack H. Bond, Trustee / van Hassell Trust Exhibit_ Page of _6?) Pages 4 i,p + i. 1A E +a v - y x m + 0Q) i k-k}r`f I. Y ''1.t'ri+. 5 5r ex t`~rF'' ' i4 Y'a tf °'t" s rtt' w. - ..i *#rvN f+ fr>; t. ''jz * r F t r. f sir tt r ' d4 Y i a ^D k f~ nSa$ !y t'ia r Ff , -,`f ~s,~ c+ 1 .z-' t' IOQ Y ji 'i . 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Y . ~J `LO r'F r,~rc`' 5 "x F • t. f *L 5 ' +rt F' + - ) . si.'R Rsf# -r CC,yy Y 1''. m` 32' dr.. 7e..,c .d %--i~ . j. ! 4siz...l,.., +..<at _ =rE 1..,♦. < .r-.n ~ ~~l~C~~ - - - - r----~ :v4 43 SEWER PERMIT 1 V U V,ilied Sewer ,qu Agency r 1z..t- F.. cf U or wpeninulon Cour-ty CITY OF CATE 0W F;ER: PHUNE:I 70n O'rff1ER'S a Vu ESS: /US06!~, 11o4G 1lv2! tt: Q<cwc_ TYPE O(• 1NSTALLAT10N: BUILDING SEWER ❑ BUILDING SEWER af!D SICE SE1;ER ; TYPE OF OCCU:=Ah:%'(: ❑ NElef ❑ SINGLE FA14ILY ❑ COMMERCIAL Q EXIST.(PRIOP TO 7-1-70) NUL-T. RES. ❑ INOUS(RIAL FIXTURE UNITS- DWELLING Uff I TS__q ADDRES'_: OF STRUCTURE: T--,_! - - PERi'. I T COPdD I T ICNSt THE APPLICANT AGREES TO COMIPLY WITH ALL RULES ..ENO REGULATIONS OF THE UNIFIEO SEWERAGE AGENCY. WHEN CALLING FOR INSPECTION. PLEASE REFER TO THE PERMIT NUM',ER. THIS APPLICATION EXPIRES It' ONE- HUf•NFO AND TWENTY (120) DAYS. THE AMOUNT PAID WILL BE FORFEI i'ED SHOULD (:XPIRATION OCCUR. FEES= OG PERMIT FEE E- J~ - i, CONI:FCTi0N CHARGE SIDE SEWER !;<STALLATIOid ISSUED BY ' OTHER U G TOTAL 1 ---------->FP L[CANT DATE SEWER PERMIT ' ADDRESS U(: STRUCTURE Z 3 -r7 G S t-- N° l TAX MAP TAX LOT - U C> SYSTEM LOT P•LOCK - OF (AifPRCVE0 8Y DATE I` ~UEf• BY DATc , f~ 7 O.U. S RrMARKS IF _ - Exhibit Page.03 of r~ . 9)_ Pages SEWER PERMIT N° Uf n Sewerage Agency Je-~ of Washington County CITY OF DATE OWNER : q-0-Wzd r PHONE: '-63'9- 700 n OWNER'S 4 TYPE OF INSTALLATION: IXBUILOING SEWER ❑ BUILDING SEWER AND SIDE SEWER '.L s: TYPE OF OCCUPANCY: ,t ❑ NEW SINGLE FAMILY ❑ COMMERCIAL EXIST.(PRIOR TO 7-1-70) J4 MULT. RES. ❑ INDUSTRIAL FIXTURE UNITS DWELLING UNITS- 3 ADDRESS OF STRUCTURE: PERMIT CONDITIONS: THE APPLICANT AGREES TO COMPLY WITH ALL RULES.AND REGULATIONS OF THE UNIFIED SEWERAGE AGENCY. WHEN CALLING FOR INSPECTION, PLEASE REFER TO THE PERMIT NUMBER. THIS APPLICATION EXPIRES. IN ONE- HUNDRED AND TWENTY (120) DAYS. THE AMOUNT PAID WILL BE FORFEITED SHOULD EXPIRATIO14 OCCUR. FEES: O CJ PERMIT FEE s a~ av CONNECTION CHARGE o(~ ~D SIDE SEWER INSTALLATION ISSUED BY i OTHER as TOTAL ~y 7 S- I APPLICANT DATE SEINER PERMIT ADDRESS OF STRUCTURE q(o q o J 1,/ N? TAX MAP 2 S I ~e TAX LOT P-U O SYSTEM FO-U l ~tl~IC. LOT BLOCK OF AP ROVED BY DATE SSUED ABBY PATE 6-u. -s REMARKS <9+ u lq 1 w/sue tom' Exhibit ~ Pa/~/e~-fPLL- of ~~~Q~ _i~__ _ _ • 3 _ 9 (1 Doi WHITE M-1q, - 3 8 4 YELLOW 1•C m 11- CO`'Y - PINK CDShmr L.- GOLDE O[> C GREEN O Temp;,rory F.I. RPPL[CRT!O[~! FOR BUILDING PE iT GREEN uCP-ct IL[•.:. f l u WASHINGTON COUNTY ADURt ss 7f DEPARTMENT OF PLANNING 1 c1; 4 L I i . G.r • it F.1 StALDING, DIVISION NEAREST Cr CROSS ST fv5•.S LAND US GROUP TYPE PR S f!Y FOR APPLICANT TO FILL IN t~ COOf Z CONSTS B UI_1'•i l.:i~/`s STATISTICA_ CLASSIFICATION ZONE ALI L~Rt 55 W~ t CLASS NO DWELL UNITS L .2S~ "1 [ SIDE CIAI CUh 01 rl0Ni > NO 01 [LOO! T NOW ON LOt USE OF ZO•IING wp tnIovcu CiY OA 117 J O*NER L Nf?L rTOJ T~'Vf OF 54N17p 710N j- 57. ADDRESS 'KATt.R SUPPLT , f G O'S r, 11100. SETT ACN room rAONT POOP. LINE OF C.TY (lTO[[T) ANCTIITECT ORTEL TP[ "P [flf tl NO fE Tf ACA .ION WAY + YANG = TOTAL E•-:;INE EF: lJ(~( -TO N!C NY-". '•~IIN room C L ^y ADDRESS + ) TEL LOO SETT ACN room CONTRA _ TUA NO f'OE POOP. LINE O/ If TOt[T7 .ICJREiS T'P[ 0I [ll STl NO f[TOACf HIGHWAY + YARD = TOTAL HIGHWAY WIOTN PODIA L CITY rl ` + DESCRIPTION OF WORK CORNER CUTOFF YES NO LJ NEW e00 r% AL 7'ER1A/ REPAIR DEMOLISH SEE REVERSE SIDE FOR SPECIAL APPROVALS f OF ' S Fy~j , TORIES O OF 51 i E r>..~P FAMILIES/j a •.O. OE_+:E001I. 5NO. Or bAT.V00115 ` OO USE OF. STRUCTURE. L~'L..G.O -/1,fLLafS ( . •=C OT V-PLOIEES J~ SIGNATURE OF APPLICANT APPROVALS DATE I.SPLCTOA•S 1114NATURC V fT . Q FOUNDAT,ON, LOCATION 4LUAT/ON ' '/J O 00 FORA", MATERIALS _ IRAmt FIRE STOPS. P C y-p C PMT V BRACING BOLTS FEES 06S FEES /aS 'q haEri L.f ~ I MCPEOY NO•NLE DCC -AT . VC Rr AO TI..S APPt.LATION ANC STAY( THAT THE AOOVC If CORRECT -110 AGREE -U COMPLY VIAL'. GUARD wI ITN ALL CCIIINTY ONOINANCES AND STATC, LAW: R(iULATIhG J-LOUIG CONSCR~U.CTION SIGNATURf. DF-/~~~~- NPI:S[ r.IUNP[a L•OSMECT E'ERMITTEE __/1-,Z.', ANO rUSTfD AOOR£SS _,-vils. ~T` ~FINAL ^ T [PLAN CHECK VALIDATION ✓ c .fN PERMIT VALIDATION fN m.o CA[N crrlPT NO. CA rE RECLIP7 --100 ) OA TE~I S 'r- ' Exhibit 1 Page Q ) of W_ Pages ~~~w+•-+....wrr.~'>.aw.•.vr.~a.v.i~~...~~a~':.. uv.'.:... w. •y~O+r.a~.VV Oi.M ~N.s•*-: ~••aKi.~.Owr' f' I~ V V4LI u V O k, L+ / ` V i 7 i , - - ~ x/sr. .e/ a aJ, ~DC A 42 CAC As .09 ,EbG.E qC iyl G NT. -W -dim iL Exhibit- `i. Page f n of ~Q Pa vPC l ...w~.--- ~w • P~~ Portland General Electric Company I'U 1;4::' , 104: 14vllund, Orf vn:I 9.7208 April 6, 2001 Jack H. Bond 920 SW Stephenstm CIT Portland, OR 9.7219 Re: Metering Information Dear Jack., This letter ism response to our conversation oil March 26, 2001. Our records indicate that four meters Nvere installed at 910 Southwest Frewing Street on February 25, 1964. Also, we sliow that two meters were installed at. 13510 Southwest Ash Avenue on .February 27, 1084. Unfortunately, our records do not go back. farther than 1964, because that is before our current corrllntter syslern was installed. We d« show, however, that all of the meters above were installed I.`6r residentta( use. . if you ha:'e auy addl.6011a1 ytlcsttotis or concerns, please call. Sincerely, Melissa I~ Customer Service. 'Representative (503) 612=3606, 1-800-542-8818 • Fortlaricl General Electric 1V ~'~f~1L 17pf; P~~ '41i1 f litalarm, Ur,,`on 97062 Customer Center Operations Connecting t=~ oPle, Povver and Possibilities Exhibit Page -7 of •'1/~- 5 ~C4 ~S • AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUATION 4s We, Larry Dickinson and Lori Dickinson, being of sound mind, do hereby de "vd~ Z! D the following facts to be true and correct based on our having specific experience, knowledge and long-time residence in the area where the property is located. 1. We have resided across the street from 9640 SW Frewing since 1978. 2. We have observed the house and duplex building at 9640 SW Frewing has been continuously offered and occupied as rental units by the sequence of owners: Mr. Willock, Mr. Van Schoten, Ms Aldridge, and Mr. Bond. 3. ],l arry:Dickinson, a- licensed electrician, have preformed electrical repair on the property. The service wiring and meter bases are of the 1940-1950 era. There are four meters on the house and -two meters-on the duplex building. 4. We have observed that the properties located on the opposite side of SW Frewing from our residence each have a 20 foot center-line to edge with no sidewalk or curbs. • 5. We do not oppose the use of this property as rental units as long as it complies with the neig orhood general culture and surrounding properties. ~j Signed Dated 1 April 2001 Ldry Di ;kips Signed Dated 1 April 2001 on Dickinson • Exhibit Page r of (.06 Pages I~T~t~~~ 5 _ _ . L' 7(11 l b i r tr u %Q. - - 5 Imp!•ovement Detail Mai nt.eiiarice Property ID R467284 2S12CD-0021mp =1 Segment 1 OF 5 Type Im ovement. R (RESIDENTIAL; F Nbad 5TIG Pr. ) t~OUS~ IVY) jV3 t-cewkN 9T. • 1. Type Segment: MA. (MAIN AREA) 2. Appr Method : R Unit Pr=39 13. Heat./AC 01 3. Class .R23 14. Fireplace FP1 4. Area 2300 Eff: 2300 15. Ceiling 20 Dimensions 16, Inter Comp APP, APP 17. Exter Corrip 04 ris 5. Const Style 18. Electric 01 Z~ 19. Bedrooms 04 6. Foundation 01 20. Year Built 1925 Efi 7. Exter Wall STR=-01, COV-04 21. Condition: 8. Inter Finish: 01 22. o Adjust : LCM 106 9. Roof Cover 01 10. Roof Style 01 11. Flooring STR=01, COV=07 23. Rep. Cost: 100,150 12. Plumbing BATH=04, FIX=15 24. Mkt Value: 89,910 Enter 'N' for Next page, <RET> or 'h' to Exit: - - Improvement Detail Maintenance - - Property ID 8467284 2S12CD--002Iiap 12 Searnent 1 OF 3 Type Improvement : R (RESIDENTIAL) 1)I,~Q~~2K AANbad 5TIG rE~. 1. Type Segment: 14A. ((•9AiN AREA) 2. Appr Method : R UiliL Pr=42.1 13. teat;/AC 09 3. Class R23 14. Fireplace 4. Area 1424 Eff: 1424 15. Ceiling 20 Dimensions 16. Inter Comp APP, APP 17. Exter Comp 02 5. Const Style 18. Electric 01 19. Bedrooms 04 6. Foundation 01 20: Year Built 1925 Eff: 1950 7. Exter Wall STR=02, COV=04 21. Condit=ion: Depre: 77 8. Inter Finish: 012.2. o Adjust LCM 106 Nbho: 1.10 9. Roof Cover O1. 10. Roof Styr 01 11. Flooring STR=01, COV=14 23. Rep. Cost: 66,300 ( 89.78) 12. Plumbing BATH=02, FI-X=9 24. Mkt Value: 59,520 Enter_ 'N' fcr :Lent page, <RET> or 'X' to Exit: Exhibit M rx of f Pages ~ }-.tAte AIN ARglAlt Oifa. _ CtCWYi n... 3825 ...Ei,UjSL' N KNOW ALL MEN BY THESE PRESENTS, That AA.E .._B.-.. ...9 t Tr1 VT tor, for the consideraition ereinaft r stet~~dd~ d e he eby grant, ba, i se!1 and wnvey unto fLQe4 tTi~LQCA JO. anr3 BETT M. WgLLOCK, us and and wQ~~e _ - _ . . tyusr< :_:_heSaincfcr called grantee, and undo . grantee a heirs, evoceswrw aril ejtigro all of th t certain real property with the Cou;+ry taifemente, ,her;4itaments and appurtenances thereunto belonging or iii anywise appertaining, situated in, the; r r ; : _ _ l•. _ . - i,.of..:-,.::-=,•:.vagi.1xl.(i$toll ,SreteofOregon ddxribodae'folldwe;fo-wit: rPh.e Northtest~Cr3.y::.';.. 56.:36` feet of that part of Lot 2~ ' FREWi;Nd3 ORCHARD TRACTS, lying -North- s'easte:rly;of a line which is.110 f6et Southwesterly of the..Northe._at line : gf;eaid lot taeaeiired at right angles therbto,`Washington County,Tegon ALSO :a tract of land in Lot'25 of,FRENING ORCHARD TRAC~4;nr ` qVi ,,$gCtion 2, T290.RIW, W.M., Washington County,-'Oregon; beginning at an aon," ~*r pipe on center line of Ash Stireet:, a 4o.o -r6A raadeiay, and.at:ahe~nofikh ~ . rl; lfeaterl.y corner of said Lot 25, and going `therice S 30011' E.'21a;5 feeto >z~y.c .7?'a 7a an iron pipe on the southerly line of the roaQNay: thence continuing::S=309.• 4 11'.8 143.70 feet along the westerly line of aforesaid Lot 25 to iron : pipe; thence N 59°56' E 194.40 feet to an iron pipe on the westerly 'line_:of Frewing Avenue; thence continuing N 59056' E 20.0 feet to a point on. center line; thence along center line N 30°04' W 250.0 feet to the northeasterly..: corner of aforementioned Lot 25 and on the center line of Ash Street;, thence on center line of Ash Street S 38025' W 231.0 feet to the : ime_ point of beginning; containing 0.968 acre, including that area within the:-.:::; public .roadways. r 1' _ 3 To Ifave and to Hold l/,e scone unto the said grantee and grantees heirs, fAlWeStOrs and esaor,s.foreve~•.`•'.f,;.~^`' • i The true, and actual consideration paid for this transfer, stated in terms of dollars, is f25i7 9.:__ i ~ ='-~1FIoWOCa,s.-tJw.-0cluotsaaaidast+tiaw-rowactc-d-ar-ir,eTu~sa-ofAer-:p?e~asty-oa-Ymkae-eiveA-9a-►rwocfa:!'~,~:. ~ = - ~ ~ceresidet°fi«r(,-eidiastt-ssJurJr}.4 gonces may require. i~ In c°mtruinQ this deed the singular Airludes the plural `a( the cirwm YYifness grantor's hand this ..../_7...-.day of April _ U, -z%:iSTATE OF OREGON, County ol..: 1140_ f/ ss. --Apr11.__-,.f 19 Oren. - I~ae B. ~e - - - T ' Per.;opgtly appeared the above named - - - - Tx . anq A, ck tsfSdtl~ the foregoing instrument to be 21er . . valimtary 8c1 end dmd y< i t off, i Z fij k fSf~ L'_ ~•s' Before P rd for gon r le k SOS $f r f ! swat r2~, r Orares _ c N A - = Cam AiRaon erpS :r•,. ~~•MOre-n: .W..o,i..•..r: m.b~ ti O. it m..orsmtl.. d».Id M I.6tid. s« ow,+, mf. a•s•w te.w lw, er i.'~iiv sr.dd smi~~.lII L Brgaixl aild Sale Deed STATE OF OREGON -f ~N D E X F E'COU,1_fy of Woshington.* 1 .,y AS 3ry 1 Roger` at;8ec«Atii= _ r It w J ~oowi: usi 1Nis'' that, to Q1 Y '4 ~i~ :sr ■ wtta,vie r, - "row+wtcewe.wa' recsly _ a t R'~CgS I~ c:rwcwa' . of told - : tr . i rf . s• c' -a. ~.2-0~ AlTCR RLGOROIMUt1GSTlIPN TV i,• ~ ~ wl'nB[t - - Y K,.~ .~jz : AliliFltSQN b€D ~ i . COU - - ` 4yFts'; t-tr:y,_ BZi,r S4f. CENIf{ttSli=i:O; sXLll:r"9.004 8@ 2 1 _ - _ - J~fi~id=ors i:9iza~' OlF!! Depim. mill "n~'~~~33ttf~s~3S!is:'•7~aC-: =_~"h'^'~`~_y,::..-_.,....o,. _ ~ f.2 user ' - =`s•: ^ _.i:~ ~ a jJi -Exhibit Page of 6,-)._ Pages - tl 55- APPLICATION FOR WATER CONNECTION AND SERVICE TIGARD WATER DISTRICT 19 _ The undersigned is the owner in fee of the following described real property: Application is hereby made for a water service connection to said erty. That .1 do agree to pay for said water connection, the sum of $ : That I do agree that the meter installed shall be the property of the Tigard Water District. Application'is hereby made for water service through the meter connection at the above described property. That the undersigned agrees, in consideration of the water connection and the furnishing of water by the District, to abide and comply with all rules and regulations of the District now in force of hereinafter enacted, and to pay for all water delivered through the meter connection at the rates now effective, or hereafter established, when due and before such charges become delinquent. The Tigard Water District reserves the right to discontinue water service, should water rentals or other charges be not paid when due, and to refuse further water service until such water rental and charges are paid in full. If the property of the undersigned applicant is outside the present corporate limits of the District, the undersigned does agree upon the request of the District, to join in a formal petition for the annexation of said property to the District. Refusal to sign a petition shall be cause for the District to discontinue water service. Contractor Owner Arcount No.-`A 0j 36 / Meter No. _7r _ Service Provided < c Meter Installed / ~y Size L -Inch Monthly Minimum Rate 1 t ~ Exhibit _1_ Page 3 of Ao- Pages Ce 03%'21312001 10:13 FAX X03 273 4822 NW NATURAL ENG W001 ~ - 2:0 NW :Nn AVCN~F PONTLANO,Qp 01209 F A C S 1 t•1 I L E 1 ~ NW Natural 'u 503.216.4211 wr~.n Nn aaural,eom J Date: 1%larch 26, 2001 To: Jack Bond - FaLx (503' ) 293-1024 Front: Liz Daeges - NW NatuH Gas Subject: 9640 S AV & 13510 SW As1. Regarding the mvo addresses referred to above, die first one. at 9640 SW Frewing was installed in january of 1932 :aid repbacc 1 in 1993 ande second one at 13510 SW Ash waq trnstalled in October of 1966 arrd replaced in 1989. t1 ~V r S 1 "`C Exhibit t, _ Page .3 2 of -6.Q__ Pages • • 9 Jt- Order Nn.: 7-605864-W EXHIBIT A 251 2GD Tex Lot 200 A tract of land in Lot 25 of FRF,WING ORCHARD TRACTS, in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington. County, Oregon, beginning at 'an iron pipe on center line of Ash - - Street, a 40 foot roadway, and at the Northwesterly corner of said - Lot 25, and going thence South 30'111 East 21.55 feet to an iron pine on the Southerly line of the roadway] thence continuing South 30 11' East 143.70 feet along the westerly line of aforesaid Lot 25 to an iron pipe= thence North W S61 East 194.40 feet to an iron -3 pipe on the Westerly line of Frewing Avenue; *thence -continuing - - North-59'56' East 20.0 feet to a point on center liner thence along center. line North 30'04' West 250.0 feet to the Northeasterly, corner of aforementioned Lot 25 and on the center line of Ash Streeti thence on center line of Ash Street South 38'25' West 231.0 feet to the true point of beginning.. - -L f(U ENCE FILE ACCEPTANCE Approved as to legal description this S;t~aay of lA \)jN ' 19 e 4 . BY:- EM~`4•~•s•(~~• ty o gard, Oregon Approved as to form this r-j- day of ~l 19 • HYo Attozney - Ci of Tigard, -Oregon 1 Approved this day of 98 eYi dl- Cha zperson - ty of Tigard, Osegon Planniag Comadaaion - Accepted by the City Council thin G"&Thday of 8Y: W Y NaaozEaz - City of Tigard, 090906 Exhibit pl 10 Pages _ - - n 66-A .T r . FIiE o, 84017373 -J jmcr NA ue i LM a rr✓11=1 ALn !fir =-y ADQ+,rSS' TAX NAP: Yly 2 Ga TAX LOWS Dp _ CONSENT COVENANT INONREHO'NSTAANCS AGREEMENT) Street Improvementb =y`'~ vs'" the undersigned owners (including purchasers) of the real property described below do hereby Mcord their consent to the formation of a local improvement district by the City of Tigard - for the purposes of improving the public street or attests upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items - :In the improvement district proceeding and any right they may have under the lawn of the - -'State of Oregon to contest the, proposed assessment fo=ula- _ This consent and waiver shall run with the title to the described land and be binding upon the undersigned and all successor owners, for a period of fifteen US) years from the - date of the last signature below- - _ " The real property that is the subject of this consent covenant is described as follows: - - - - SEE ATTACHED EXHIBZT "A" - _ IN WITNESS WHEREOF; the grantor(s) have hereunto set his (their) hand(s) and seal(s) this -L day of ~Zlt- .,A(SEAL) (SEAL) - (SEAL) (SEAL) (SEAL) (SEAL) _ - I (SEAL) (SEAL) STATE Or ) County of Ile On thi - day of(~ w tnw~ w.z< 14nz. personally appeared the above named 777 4 ri d ~e_ TTh~, }Y> Ael //u e - _ i and ac7cn idged(*i! iis: foregoing instrument to be their voluntary act and deed. Before me: pit Ito Notary public f c Hy commission expiie s Cr -r` 3 !7 a.i.7V~1L w~s:ast - - - _g - - Exhibit - - Page 3--Of {00 Paces lY i.4N= 2 T 2 S~ : w -amp - - :J COUNTY OREGON ;CALE 1".100 r1111 MAP 1S.FURjIISNEOAS A-.-• - = CONVE?1t[NGE ov. . S i EWART . THIS MAP IS NOi A SURVEY.ANO.QUES NOT ' SHOW THE LOCATION OF :ANY IMPROVE- t+ MENLS- THE COMPANY ASSUMES NO VA- OILITY FOR ANY ERRORS THEREIN. s 23-74 -100 ' 17 %b \'L' ss^ae((7 4 T4f11 LOT v 24" 200 1400 A i= .2rAe. 1JJ. ry~4 2714 !J~ p~♦~I•~.'o J4 A, 23-78 - o "300 2 2708 J .4rAc. y- o .64.4c. _ ~o, Nei v LSj, _ J t. 2700 400 6loa if Ac. .65,4c. ja 26 2703 .68 Ab i•- ~ 2710 \\O 500 't .60 Ac. .67A STATE OF OREGON- VVV } 1 - ` A\ County of WaehMWon 88 1 w° i+a~2705 F 1, Donald W:lleiort:OlieetorotAaaeaamant ® • AOAc + and Te,ution imndlEx-O1f1c1(i (tecarder of Con- ' 2712 ' veyanees for eild wu(ih; do.hI(egqy eerUfV that the wUh1}i'liutrunshl~ot wflttnpdrai,raoehrod ~~AOAr ~t0 ? and trIGed In OOak of i;eorAS 01 terd count Y. I:oonard.yV`.N;io~l,"Olnaeloraf f ti AtivaiietG'anq•TiaaUon. Ex• ~F 09 yf'Olfblar,C~IMf~lifY~ 1.rk Exhibit Page aj, of 6 Pages --"moo 3832931024 P.02 1 i AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUAMN 1, Michael C. Willock, DDS, being of sound mind, do hereby declare the following ! facts to be true and correct based on my haying specific experience, knowledge and residence in the area where the property is located 1. I am the son of James Wllock, a contractor,.aer~-la.of Connie and Mae ` Selliken. I am their grandson and participated directly at 9640 SW Frewing. i t 2. 1 had been a resident of Tigard Wore 1963 in-an apartment located at %40 SW Frewing and later in the main floor area of the house when purchased from the Selliken estate. 3. t remember my father constructing the apartments in the house, making the addition on the rear of the house, the duplex building and garages in the rear of the property in the 1950s. 4. t remember that kitchen, bath, electrical and plumbing was of the 1940a and 1 950d era for multiple residential spaces in the House and residential spaces in the Duplex- i 1 have observed that SW Ash Street was a narrow dirt land ususalty full of ruts and mud holes from Frewing to Garrett, it was mainly a graveled access from 1 SW Frewing to the apartment building and then continued on as a dirt lane to Garrett. In passing by the duplex building, the road or lane was never next to the building, rather allowed space between the edge of the lane and the building as the payment does now. Signed- OW 0L Dated 2 April 2001 Michael Willack, DDS f I i lip- C~~ ~2 . dA Exhibit `1 Page -b- of Pages AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUATION 1, Frank Van Schoten, being of sound mind, do hereby declare the following facts to be true and correct based on my having specific experience, knowledge and long-time residence in the area where the property is located. 1. 1 had been a resident of Tigard OR from 1983 through 1993 when I occupied the main floor of the house located at 9640 SW Frewing. 2. 1 purchased the property as providing multi-family use in the past and rented out the apartments in the house and the apartments located in the duplex building on the rear of the property known as 13510 S W Ash. 3. 1 utilized the basement of the duplex building as a shop and storage for materials to support the maintenance activities. 4. 1 maintained a 20 foot center-line set back on SW Frewing Street. 5. 1 observed that SW Ash from Frewing to the end of payment a block away was always a huge mess with muddy ruts and holes making it almost impassible before it was paved to SW Frewing. This paving allowed about 10 feet frorn the corner of duplex building_ to its edge as it currently does. 6. 1 attest that the utility services were unchanged from the current configuration. 7. 1 attest that kitchen, bath, electrical and plumbing for multiple residential spaces in. the House and residential spaces in the Duplex was of the 1940s and 1950s era when I purchased the property in 1983, and except for minor ` or cosmetic repairs needed, remained as such when sold it in 1993,. Signed Dated 1 April 2001 Frank Van Schoten Exhibit '7 Page of !0 0 Pages AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUATION I, Lauri Del Hansen Aldridge, being of sound mind, do hereby declare the following facts to be true and correct based on my having specific experience, knowledge and residence in the area where the property is located. 1. 1 have been a resident of Tigard from 1990 to present. 2. 1 am the person who applied for HOP93-00097 under name of Lauri Minzghor in 1993 and for HOP in 1994 under my name. 3. 1 purchased the 9640 SW Frewing property in 1993 from Frances Van Schoten having had mufti=family use in the past and continued to rent units as previously configured. 4. Cosmetic repairs, and maintenance such as PGE window replacement were performed during my tenure as owner. 5. 1 investigated the records at Washington County and was satisfied that the multi-family use, and multiple residential units has existed on the property prior to 1960. Also that upgrading by sewer hooks ups, gas meter installations, and changes in electric meters had been performed as deemed necessary by prior owners and the service offering agencies. 6. 1 have applied in 1994 for an MLP which was withdrawn due to +n adepA O'Psef`VfA;en 7. 1 applied for an MLP in 1999 for which Jack Bond paid the fees and required postage for notice letters. a. The required notice letters were duplicated, stuffed, and presented for mailing to the City of Tigard in September 1999. b. The MLP was in progress under my agent Dave Aldridge. c. A letter dated 2 Feb 2000 was received from the City of Tigard indicating additional modification and information was necessary for the application to proceed. d. It is my understanding that these were provided by Mr. Bond in September 2000. 8. 1 transferred my interest in the property to Jean Hassell Family Trust and Jack Bond, who held second mortgages on the property, with an escoppel instrument in January 2000, and moved off the property as owner. f t ~L~~ C~'%IL.~l~l "L Dated 31 March 2001 Signed' : , i Lauri Del Hansen Idn ge Exhibit I_ 3_~5 of Page - 06 Pages • AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUATION I, Virginia Eggert, being of sound mind, do hereby declare the following facts to be true and correct based on my having specific experience, knowledge and long-time residence in the area where the property is located. 1. 1 have been a resident of Tigard from 1957 through 2000 at 9750 SW Frewing. 2. 1 observed that the property at 9640 SW_Frewing was apartments and 13510 SW Ash was apartments in the 1957 and has continued to be apartments to the time I left my residence above. 3. 1 have observed that SW Ash Street was a narrow dirt and graveled lane from Frewing to Garrett. It was mainly a graveled access from SW Frewing to the apartment building and then continued on as a dirt lane to Garrett. In passing by the duplex building, the road or lane was never next to the building, rather allowed space between the edge of the lane and the building as the payment does now. Signed Dated 31 March 2001 Virginia erf Exhibit- Page :5 1 - of 4 Pages • AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUATION I, Norris Olson, being of sound mind, do hereby declare the following facts to be true and correct based on my having specific experience, knowledge and long- time residence in the area where the property is located. 1. I had been a resident of Tigard OR before 1964 having built a house in Washington County at the property located at 13675 SW Ash. 2. 1 had observed that the house at 9640 SW Frewing and the duplex building located at 13510 SW Ash. has always been apartments, garages-and a shop. 3. 1 have observed that SW Ash Street from SW Frewing to Garrett did not exist except for dirt ruts and mud holes. SW Garrett was the entry to the area. In passing by the duplex building, the road or lane was never next to the building, rather allowed space between the edge of the lane and the building as the pavement does now. Signed Dated 2 April 2001 Norris Olson • 1 Exhibit 77 Page 146 of Pages • AFFIDAVIT IN SUPPORT OF PROPERTY ZONING EVALUATION I, Bob Jones, being of sound mind, do hereby declare the following facts to be true and correct based on my having specific experience, knowledge and long- time residence in the area where the property is located. 1. 1 had been a resident of Tigard OR before 1960s to the present time at the corner property located at Garrett and SW Ash. 2. 1 had observed that the house at 9640 SW Frewing has always been apartments and the duplex building located at 13510 SW Ash has always been apartments, garages and a shop. 3. The land between Garret and Frewing was still in Washington County. 4. 1 have observed that SW Ash Street from Frewing to Garret&vas not taken into the City of Tigard in 1979-80 when Garret Street was. I parked my semi- truck on Garrett until it was in the City, then I parked around the corner on SW Ash because it was in the County and came much later into the City. In passing by the duplex building, the road or lane was never next to the building, rather allowed space between the edge of the lane and the building. Signed Dated 2 April 2001 Jones 'o~-{- k. Exhibit Page _q L.- of Pages AFFIDAVIT • IN SUPPORT OF PROPERTY ZONING EVALUATION 1, Mary W. Domreis, being of sound mind, do hereby declare the following facts to be true and correct based on my having specific experience, knowledge and long-time residence in the area where the property is located. 1. 1 have been a resident of Tigard from 1956 through 1998 at two locations. One at SW Ash and Garrett and one at 13700 SW Ash. 2. 1 observed that the property at 9640 SW Frewing and 13510 SW Ash has been apartments in the 1960s because I had an acquaintance that lived in one of them, and the property has continued to be apartments to the time left the area in 1998. 3. 1 have observed that SW Ash Street was a narrow dirt and graveled lane from Frewing to Garrett. It was mainly a graveled access from SW Frewing to the apartment building and then continued on as a dirt lane to Garrett. In passing by the duplex building, it was never next to the building, rather allowed space between the edge of the lane and the building as the payment does now. Signed 0 Dated 2 April 2001 Mary W. Domreis Exhibit ::J- Z__ of Page -4, (a() Pages April 6, 2001 Jack Bond 920 SW Stephenson Court Portland, OR 97219 RE: Notice of Incomplete Submittal = MLP1999-00016 Dear Mr. Bond: This letter is in regard to our meeting on 04/03/01. 1 have outlined what is needed by Tigard's Planning Department in order to deem your Minor Land Partition complete. However, in light of new information received, some new issues have arisen that relate to a previous attempt to partition in 1990 and information you provided. In our meeting on 04/03/01, you indicated that the house located at 9640 SW Frewing Street was converted into a multi-family dwelling in the 1950's and that the Duplex was also legally constructed. However, based on your information, no building permits were required at • the time of construction from Washington County. As a result, establishing legal nonconformity, will be a condition of the partition approval. Please review the criteria of Chapter 18.760.020A.2. Information gathered from the original Minor Land Partition application (MLP90-0011) shows 3-units existed in the main house (9640 SW Frewing Street) and 2-units in the accessory building. According to documents in the MLP90-0011 file, the Van Schotens were given (3) options based on 5-units being occupied on the parcel: 1. The City of Tigard issue a denial to the request of partitioning due to the property exceeding the maximum density allowed in the R-4.5 zoning district. 2. Mr. 'and Mrs. Van Schoten withdrawal their application and recover a portion of their expense. 3. The City of Tigard issues an approval subject to permanent removal of at least one existing dwelling unit. Thus dropping the density to 4-dwelling units on the property. On 12/06/1999, Lauri Aldridge submitted a Minor Land Partition for the same property to divide the same .8 acres into 2 lots containing 15,188 square feet and 18.987 square feet. According to Mrs. Aldridge's narrative, the Aldridge's ceased the rental in the basement and started using it as storage from 1993 to 1995. Based on this information, there can only be 2 units in the house and 2 units in the structure to the west. If two duplexes exist on the property then the partitioned lots will need to be a minimum of 10,000 square feet each. However, as I mentioned above, if the decision is issued as an approval, it will be conditioned that you successfully gain an approval of nonconformity • based on the criteria of 18.760.020.A.2 (Nonconforming Situations). Exhibit F5 Page 443 of 60 Pages • Submittal Requirements: • Proposed 25-foot right of way on Frewing Street. • Proposed 30-foot Radius, right of way on the corner of Ash Avenue and Frewing Street. • Submit plan showing: proposed property lines for a Not partition, setbacks drawn to scale. According to the plan included with this letter, the house is shown to have a 15-foot rear yard setback and an access easement is shown extending to the carport. If a 15-foot setback is not feasible, then a 20 percent adjustment must be applied for. A 20 percent reduction would require the rear yard setback to be 12 feet. I have provided an adjustment application with this information. The fee for the adjustment is $20.00 instead of $100.00. • Fourteen (14) copies of the narrative and plans. • Request 500-foot property owner mailing list. Mailing lists are only good for three months. I have included a request form with this letter. Once the required information has been submitted, staff can deem the application complete and begin the review process. An application is reviewed for compliance with all standards in effect at the time the application is deemed complete. If you have any questions regarding your application or if I can answer any other questions, please don't hesitate to contact me at (503) 6394171 x317. Sincerely, • Mathew Scheidegger Assistant Planner i_\curpfnlmathew\mlp 1999-00016.acc.acc5.doc c: MLP1999-00016 Land Use File • Exhibit D Page of r a o Pages • September 15, 2000 Jack Bond 920 SW Stephenson Court Portland, OR 97219 RE: Notice of Incomplete Application Submittal - MLP1999-00016 Dear Mr. Bond: The City has received your application to partition 1 lot into 2. After a review of your submittal items, staff has deemed your application submittal as incomplete. In order for staff to proceed, the following materials will need to be submitted: Please submit "to scale" drawings showing the following: Proposed 25-foot right-of-way on SW Frewing Street. Proposed property lines, setbacks, etc. drawn "to scale", (structures to property lines, include carport, etc.) Also, show existing trees and landscaping. Existing and proposed access. Old plans submitted show the circular • driveway to cross-over the proposed property line. The plan submitted on September 6th, 2000 does not show the driveway or the property lines. Fourteen (14) copies of the revised narrative and plans. Only one copy of the narrative has been submitted. Also, I will need the additional copies of the site plan. Request 500-foot property owner mailing list. Mailing lists are only good for three months. I have included a request form with this letter. Once the required information has been submitted, staff can deem the application complete and begin the review process. An application is reviewed for compliance with all standards in effect at the time the application is deemed complete. If you have any questions regarding your application or if I can answer any other questions, please don't hesitate to contact me at (503) 6394171, x317. Sincerely, Mathew Scheidegger Assistant Planner i:\curpln\mathewlmlp 1999-00016.acc.acc4 _doc . c: MLP1999-00016 Land use file Exhibit Page 44 of LgjD- Pages i CITY OF TIGARD February 3, 2000 OREGON Lauri Aldridge 9640 SW Frewing Street Tigard, OR 97223 RE: Notice of Incomplete Submittal - MLP1999-00016 Dear Ms. Aldridge: The City has received your application to partition 1 lot into 2. After a review of your submittal, staff has deemed your application submittal as incomplete. In order for staff to proceed, the following materials will need to be submitted: Submit, to scale drawing showing: • 'Proposed 25-foot right of way on Frewing Street. • • Proposed 30-foot Radius, right of way on the corner of Ash Avenue and Frewing Street. • Average lotZor Duplex lot. Once the required information has been submitted, staff can deem the application complete and begin the review process. An application is reviewed for compliance with all standards in effect at the time the application is deemed complete. If you have any questions regarding your application or if I can answer any other questions, please don't hesitate to contact me at (503) 639-4171 x317. Sincerely, Mathew Scheidegger Assistant Planner i:Icurplntrrrathew%mlp 1999-00016. acc.acc3.doc c: MLP1999-00016 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503)639A]71 TDD (503) 684-2772 Exhibit Page At a- of t~ D_ Pages December 17, 1999 Lauri Aldridge 9640 SW Frewing Street Tigard, OR 97223 RE: Notice of Incomplete Submittal - MLP1999-00016 Dear Ms. Aldridge: TREE PLAN OK The City has received your application to partition 1 lot into 2. After a review of your submittal, staff has deemed your application submittal as incomplete. In order for staff to proceed, the following materials will need to be submitted: • Tree plan from certified Arborist showing all tree sizes, types and locations. • Fourteen (14) additional copies of the narrative. Only one copy was submitted. • • Clarify carport setbacks. The site plan does not show setbacks of the carport in relation to the proposed property lines. • Address the square footage of the two dwelling units on the 15,000 square foot lot. By addressing the square footage of the dwelling units, staff will be able to determine the structures intended purpose. • Site plan showing a two-lot partition instead of the potential three lots. The site plan is confusing; staff finds it difficult to distinguish proposed lot.lines. • Show all proposed setbacks on the site plan. Staff will need to reflect compliance with setback requirements in the decision in order to approve this request. • Impact study. As part of the application submittal requirements, applicants are required to include an impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks, water and sewer systems, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities system, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence, which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. • Address access/egress standards for the proposed circle driveway. The circular driveway will cross over the proposed property line. Therefore, an access • easement will be required. Exhibit 1L- Page H7 of o'D Pages • Complete the land use application form for the Variance, which was also requested, and pay the associate review fee (in this case, 20% of the standard fee due to filing a joint application). Also, address the Variance criteria for the width of a duplex in the revised narrative. A request for a Variance was included in the narrative, however, the items indicated above have not been addressed. • Address parking standards. Parking for the duplex and for the other dwelling unit will need to be addressed as well in the narrative. Once the required information has been submitted, staff can deem the application complete and begin the review process. An application is reviewed for compliance with all standards in effect at the time the application is deemed complete. If you have any questions regarding your application or if I can answer any other questions, please don't hesitate to contact me at (503) 639-4171 x317. Sincerely, Mathew Scheidegger Assistant Planner iAcurplnlmathew\mlp 1999-00016 • c: MLP1999-00016 Land Use File Exhibit Page or iAr) Pages OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES ` OFFICE OF COUNTY ASSESSOR, WASHINGTON COUNTY, OREGON ACCOUNT NUMBER P,{ RGE. + $EC. C AERIAL P. REY1P OUS DEEC f MAP NO. LOT NO. BLK. NO. OL TIO CITY DATE _REED RECORD ACRES ENTRI--S OF ENTRY VOL. PAGE REMAINING i 1117 3 02 G-~ kil •U s ,11 ricer , c l/ i ~ k t9/ r' _TR 0 P SEN' CODE ?GC. C 1050 '72 -rc: 3---7.4 29419"80 FL3 06A (ZC% ;PG A - + ~CGc rl' 4~t S Tr'l.~`~ 7a, Z X192 s f ' Bor Jer,'i C JpCt rl ' GtSS t ! f r C7J toy, 4 v s aY ;:v'R+L''.~~`~~i !i slf.►n?',o]na d ~'°i~il4_ a-r ~ - ,:;s. zdaateQ t6!" - rr -tn, eA.g-.:,~, t-•,.~1`<~.~. :a nd ; year ]sst`sbore Bansdd:-=''-4:egoa y-ib'~ E6JYa;. thst'~be •z 'seal %be dal _e t rp faDlto'for Ireat he ander me, head end material: ea oomm9'3lo OSfe re )sne. ton this 6t6 d the wlthla a"ie d - Xhibi-, t i of pitE006, membered. the araonelly appeared r 37jaz se, Ba St Be end state. P to be the ideotlaal E me oun y of t of coot. ••fobl to in and county notary for avid who are tnown to that }hwy PafC his wife. ed to me signed, ce gtbble Chaney. ent, end ao"ouledg f/}/•1 Pages B. Cbeasl and Wtgueti within instrum eet~oy bead ~d 0eorgo rho e"outed the 1 berm "','at* 6seoz tbed in anG in Teettmony •he reo f. indtrtdaale •olantazil7• xeaated the same freely and written. Y' e~.r lost ebo•e Y ~'slr ^yK7~F3Y ~.f... Z alt 11 O - t" a I KNOW A L EN EY THESE PRESENTS, Thsit Hx. F LY$EJi,. A1ngla~acomA l ' ~ x.~~kifr,•,,,,•,.. :,,'~.•».1..,.• ::x ..si.~.~t..3+s' . ,r:: +~.Sy..w,'; rAr~..i tilt 7 ' 3 .y L 'ir"' , ~ _ l~Y n e .J , s ~ ~rln•t 3 -';-.In oonJderatlon d...:.Ten::.and_nallQQ r. °'`'f.'` C ^ ['ri r ..•.r«.......,•.Dol/arr, r ' Anit other....Y.alimbla::consideratinli ::tt.ntalling_leas:than .100•.•? L.,to...r AlA ..paid br J6ME3 .1lILLflCK~ Trusts j fi - 41 a 4.....' f . • r. .3 4 1'Y: : ; - : f }z r >T i' u i - w !r•ntee. do.' hereby %rant, bei/I/n,"sell ud oonrer unro fha .old (renlea::~'3 ; his'': JMlrt and assigns, all the';` tollowind real property, with the tenement[, hereditament[ and appurtenances, situated In the County ::.......W.aahingk,tln.-_.s;z~::and State of Oregon, bounded and described as follows, to-wttt_ The 'Northwesterly.`:156.36::feet-.of..that:-part • of•; Lot' 26,•,.FREWIN0.oRCNAR ,TRACTS,. lying Northeasterly 'o -,'C;Aind; i+hich:is,110;feat Southwesterly or;; , the Northeast line of said Iot.-Miasurid at ilght angles thereto, Washing- ton County Oregonj' 1 ,w~; q+•~ .•F~~ 4. :i ALSO,'"~a~~ltraoti~of~ltint~`~d•Ltit 2y- f~~~ INb:'ORCN~D TRACTS,}(in'~See~` } +tlon- 2,;T2S;-:R1W;+; W:M.14:WaahingtonfY,County' Oregon, •beginning nt nn iron 'i pipe,oncent erline;`of*ASh;Streef ?,a1;g0.0-;foot.: roadway, and at. the _north=r~ corer of ;acid .westerly;: Lot 25 '*;and; going;ahence' 530°11'E '21:55 feet, to:, r~ ' ;an iron pipe..,;on the•.southerly;line'of;'the"roadway; thence continuing>; 3 30°111 E "143:70.:feet' along:;the xes~erly na. aforesaid" t- 25 to an ~Fr iron pipe;tAhen66:N59°56'E 194140.:feet'-to-,an,iron pipe on'the wester ly"h line of Frewing. Avenue;: thence; icontinu1'n9-'N59°56'E•.20.0~feet to a poinVV,.., on centerline; thence* along centerline-A30*040W;.250.0 feet, to the:,;-,T northeasterly -corner ,"of aforementicnedtot• 25'hnd on..the centerline .of: Ash.Street;-thence on :centerline; of ,Ash'; Street :.S380251W 231.0 feet to the"true point'of beginning, containing 0.968 acre, including that area within the public roadways. " f ill Uye•rt,:e~ r f - r ti t~ fry. 7S5~ ~7f / •3L 43 y r X -1,111 41 y , r ~fm ~ ..irt,~ ~1tri~Cf'~f,zYre,. S~s.`".rt b rs vF~,., To Have and to hold, the above described acid granted pnnrlses unto th said dratlesa« heirs and asst w'•}:r ,c. gnelo»va.;~:; ,,x•:::~,:::,. i;}Y."'r~~3r!~~iriSy'~{:,i>;~~F-.::N:.;,;::;`:" YPP _.w .h.iioL:.. and seal rhls. ea~otr~N.av,embcr Witaesc...my.. ?:'4. }i•'lr~•t/•.. ///////{I4{.I.1r J.Y. L: . .........^7~ Lfr.':i STATE OF OREOON, 'i-!' County of..._WAAhingt.On.' On this- ~ day of._ NoitsmTaei . ;1 /96? TM•LJ+ s mr~itM~wje, the uncle»igned, a Notary Publ a In itld lot Bald County and State, perwnally appsared tM / r' ;~.!.ivtttlglnr~n9d 0. jr+ ~ ~ 73r i • known to me to be the Identleal Individual..described In and who executed the within';. • 3 Ir ' ! : : • a instrument, and acknowledged to me that ...A he-executed the same freely and voluntarily. i IN TESTIMONY WHEREOP,1 have.i"T set mr hand a fixed my ollicial i ~ •,nQ 1. 1 a1 It. day and year last above written. , • ' G:S~ Notary Public I redo9, //yr//pprr a IJ +7+414,4„s1w~~'~ Li.t ~7.L„Y fT ' Afy mission expires /~/..Bargain and Salo ~l , I C.SSI~t'~%~t'il;1e~ °N, i t,;~y, `~~~j ~ , DEED t 1 RATti dr. oAk001I f Y r ...t.'A H._3ELLIKEN« c.wai N~w!.a ' • ~ lee •r w[ tw,e ''i tiMdtdla two Jl ot ,~6 '1 , a: . 70 . ar. auawvae' " 2 it eoowlY b'MN. the wMIN' \fr d - _ . - ton w[ea.o'wa . i i se tt~id K .li[ is dvle[}M .h s. ,~t •F ti; x aAl1.»].I~irA~K.r_TFuat.e4__» aati IN oovw. u wamt _ 'Mt[411tC01101N011[tU11N TO _ _=`C` ,:+~i' ~ w°• << 'r'; whllfal ~ ~,y MI% eee N"~ • ~4 ' %de: ANOER :a :f::y'r.•'F'~ r •re; F ".e t lttN: M `ys -'ff1E0Fq►CIC:~i! •,s.'^::~~' ,,;5'.: d~ woo 7 y, i attt[T AT.M~W r'^y ' 2 r t dt'3 2, W etNTtit sl e"Y r ,li ft (i ~yr"d~4 ~,tii vY'[.'~fe UM0 cotmot 172~~ 1r4 Ufa ~a zUB h tf3r. i !~f •3 t , r ppyr' •4 31,4121i vo. sox 220e4~Omc PAOE~9~~ k ~Ijlnky 1. AAW Exhibit Pa g" -50 of J; r . • Z5/-zc D-ZOO WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH SE AL REPORT Receipt # ADDRESS- E~l Subdivision L Block Builder Owner S. T. Installer SEPTIC TANK ` Distance from well ft. Metal-Concrete . Liquid capa.itvo gallons. a Residential: Number of bedrooms Distribution Box • Co ercial: Number of employees Disposal Field Distance from wel ,from foundation0 ft., clearance. between drainfield and property line at nearest point~~t. Distance between IinesLZ ft. Trench width-in. No. of lines. Length each line ft. Total length of liner=. ft. : F Total trench areal sq. ft. Filter- material Depth under tile in. Depth over tie -1--in. Depth, top of tile to ! t finished grade _4~,n. 5V Remarks, Reports: Vii e = ' Public Health Sanitarian Date b 4148 10/67 1500 V\, 0 Exhibit i_ Page - 0jL_ of 670 Pages w N/ G , °r + "lof G \ l3 k. ` t. fil. ` t • ,LC .y., Inc : /h ~ • ~ e oilmen Chas. L ON: too V7 $~e 24 ~ _v ec Gs9 ~ ~a~c X20 12- ~ P _ BE6• R7O a Ifemp 7 Joseph / ~r s Y ? Rod 9 14 ~1> / ~ Gj• ~ Eij` A~ t1~0', 2a ` h j. Krem D Za Jacob J Leo . s n 190 ' 2.6 04 2 23 04 C. Po a C 19 ~SZ(EET 30 b 1s anno EXb'e'~y~ of Ta' gn yaa%es 10 (L t ' 1061 fi,F C, y C.R. No. 3 9 t ,`~"i~ TER R- tr 6 T cJ•W` BE6cC.R• 561 6 N 430 • , • f " ~ro ~ 1 'S' f E so 13 7 ~°0 Oct roc \ Set -~22'\ rr ± Ne, QR i ` ~~F V h 9 is ~ , 5 ° A t Q ~ r t FF ~ \,\35 sec C9 ~ ~c~ \20 •'►n e C, S12 i to / 9yo ` ` p,•G T~ S ' R F ► + K jemP 10 J► prier 37 Jasep i / re W G Rod9~rs r A h , oe 14 G NO \ p K r e m ~y 39 / J J. JQ cob J 190 2-9 i 1 Ca~R~ET 30 19 AnnO G F'cn 1- T-- ~ m - 12 , to 1 9 _hbit CL fflv;~' of -r ja , t Page o Pages 7CF7 V~ C. R. 6 1 T tERM S W s GDA - C- .vr 39 cc ~ fi ~~.G~a y R• po. 430 ^ 9 :mla AJ, 1 1 ZvM < <ti aMS e - g" WASHINGTON COUNTY COURT APPROVED Ao - ! Zo h c Cl a.,x ~ Z$-60 WASHINGTON COUNTY COURT APPROVED s_ OAT C/tvrs m See -6,0 WASHINGTON COLEY COURT APPRO ED DATE O ~e c c~a.~9 e .filly' 1. iit (f LUL/Ri APPRO`d- . E........ ..Q..~.~ Exhibit C9~ 9/,2 / Alp / Page 16 of Pages I ~ - Ci~arM s~'g`G~,. Zoh ~ 5 WASHINGTON COUNTY COURT APPROVED f Zoh ,c clQ.m qe x$-( WASHINGTON COUNTY COURT APPROVED ~ DATL-!~41 WASHINGTON COUNTY COURT APPROVED DAT ~e ~ c c'~~~rye v`9-6o -J itill APPRO` 77 TF....... , WASHNGTON COUNTY COURT X APPROV . 1CLr~'! ZOs'~p o'Z/-~i Z a r Y1! Z079 C ~ /....G Z.. /-G z WASHINGTON COUNTY COURT APPROVED DATE Exhibit-La Page 555 of Pages sAc. {7 z° ee TAX LOT 1200 CANCELLED 1300 c y 2801 n 2801 3 p, 3101 ~1 u► 100 a• a• o $ t F MAP b~` °~y o l 4 ;f" 2S 12CA 2's , • p0 1400 .BOAC .27Ac 'v .r 714 OO 800 1 a a 34 Ac °41Ac. 56Ac. 1 a s' oo 23 I 41 ' 8 47Ae 25 °ye I ~yy ?Ac. ° ~OJ ~g9 C r N 1 3Ac. ° 4 400 270 2700 I 65Ac. .63 Ac. 34 Ac. a. i n e u1 7 3 I _ a` 189.8 h \ 2703 \ .684c g o 900 27:0 \ 500 I,II z /.09Ac. ,6C Ac , 67A c I,II 7 14 IIIIIIIIpII 1 07 P IIIIIII N IIII II S7AS ,p \ / ~O° W Qy ,'I~IIII 388" 32' 30"E 303.7 .11 N88° 32 W 100 W s \ \ ~rv A~ 'LM1y IIIIIN~" 1 \ ✓ b• O. IIII~IIIIIUIII b 11 1.48 I 1 100 1000 0 \~cy\ j'y.~~2705 a IIIIIIiI gym' c. I 34Ac. 29Ac. o 0 \ 40Ac s IIIIIIIII 3 \ i m 'IIII 7 . DAC. IIIIIIIIIIIG~ yp' 0.6 z _ `ry ''IIl~illl SHH°32'30"E 107 In 188.E ' a 243.8 e~ R gS. 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"vo i 4 ~ ~Yy xf A Kf 1 ~CAfitEi.l EOM . 41,243 t,) ' TAX Lor moo.. to to 2801 (L SO 2W - l _ SEE MAP 28 I ACA ` 200 .SOAK 2714 ♦~~'~t 40 • 34 ~ TOO A 4~1e. 300 25 .47Ac. ° .ten r 1 t i ~J 600 ~ • /.03Ac i~ 2700 4.65Aa • 94 Ac .3 2703 a~` n mac: - ' 0 9:00::. 500 >s y 67A~ _ /-OSAc. 1 Rw7 O ■u s: too 1101 •y''0s 1100 1000 i 1 `+d: 31Ac. 154odc. .29Ac. `t I = 2712 - i/40Ac. 4 sss!. 3'so`! t 45MG *7 too T- -i-rEPGEWGOiDcjt 907 715 Go >n Ae. ~'D ao + 1 so Hsu Exhibit 12 - - - - + 2001 2100 1 2200 ' Page of 't., ,may .40 Ac _ ~9Aa. ( /./IA! Pages Itj \ A,/ RJ*84 1 HASSEL, JEAN TRUST • 05/14/01 1012 090 2 D-00200 BY JERRIE JEAN HASSEL B FREWING'S ORCHARD TRACTS, LOT PT 920 SW STEPHENSON CT 11/25/97 5TIG 117,200 25, ACRES .80 SD 9640 SW FREWING ST PORTLAND, OR 97219 348,290 (387730) 023.74 .80 2000 232610 117200 349810 1012 ---24--------24----: IMP I1 1999 244550 106560 351110 1012 --19---: 1998 249020 101380 350400 1012 TALKED TO OWNER;DUPLEX ON CARD 1997 200230 85880 286110 1012 2 TO BE MADE SEPARATE TAX LOT,BUT 1996 184390 77900 262290 1012 RETAIND OLD HSE (CARD 1) WAS PURCHASED 22 CPA 22 38 34 ATF 34 : ----24----: 54 11.1: DR30,DU34,DL18,DU16,DR1,DU38 01 FOUNDATION CONCRETE DL24,DD54,DR11,DD34 STR=01,COV=04 WD. STD/SHTG,HORIZON 11.2: MU30,ML11,MU54,ML10,DL19,DD34 --19---: 01 COMP SHINGLE DR19,DU34 01 GABLE 11.3: ML15,DU34,L30,D34,R30 MA STR=01,COV=07 WD W/SUBFLR,FAIR CA 11.4: MR30,MU34,ML18,MU16,MR1,MU38 16 01 DRYWALL DR24,DD22,DL24,DU22 BATH=04,FIX=15 FIXTURES -----30-----:-11-: --18---: 01 FORCED AIR HEATING FP1 SINGLE FIREPLACE APP APPLIANCES (FULL) APP APPLIANCES (FULL) 04 FAIR 12/28/99 2000049235 DE 34 BMF 34 34 34 01 STANDARD 06/19/97 97057814 DW 04 NUM BEDROOMS 06/20/95 286000 95042679 DW ADD FACTOR 1 15528 RR SD 11/25/97 100 -----30-----: X----30-----: 154921 3966 4.5 R0.5 R4 I1 R RESIDENTIAL R23 39 131,390 1.1 MA MAIN AREA R R23 2300 39 100,150 50 25 75 LCM 106 106 84 84,960 1.2 ATF ATTIC COMP FINISH R R23 646 25.56 16,511 50 25 75 LCM 106 106 84 14,010 1.3 BMF BASEMT FINISHED R R23 1020 29.77 30,365 50 25 75 LCM 106 106 84 25,760 1.4 CPA CARPORT ATTACHED R 3 528 13.42 7,085 50 25 75 LCM 106 106 84 61010 1.5 DRA DRIVEWAY ASPHALT R F 540X 1 540 1.5 810 50 75 LCM 100 106 80 650 b Csf w x a~ cr ro w N A m O DUPLEX 02 5TIG.02 LT 77100 B 95%;ADJPC 80% 100 76 58,600 DUPLEX 02 5TIG.02 LT 77100 B 95%;ADJPC 80% 100 76 58,600 *84 2 HASSEL, JEAN TRUST • 05/14/01 1012 2090 2S12CD-00200 BY JERRIE JEAN HASSEL B FREWING'S ORCHARD TRACTS, LOT PT 920 SW STEPHENSON CT 11/25/97 5TIG 117,200 25, ACRES .80 SD 9640 SW FREWING ST PORTLAND, OR 97219 348,290 (387730) 023.74 .80 2000 232610 117200 349810 1012 IMP 12 1999 244550 106560 351110 1012 1998 249020 101380 350400 1012 TALKED TO OWNER;DUPLEX ON CARD 1997 200230 85880 286110 1012 2 TO BE MADE SEPARATE TAX LOT,BUT 1996 184390 77900 262290 1012 RETAIND OLD HSE (CARD 1) WAS PURCHASED --------62--------: -----46------: I2.1: DR22,DR24,DU24,DL62,DD20,DR16 01 FOUNDATION CONCRETE DD4 20 STR=02,COV=04 WD STD/NO,HORIZONTA 22.2: MR22,DD30,DR24,DU30,DL24 MA 24 24 USF 24 01 COMP SHINGLE 12.3: MR22,MR24,MU24,MR10,DR46,DD24 -16--: 01 GABLE DL46,DU24 X-22----24---: -----46------: STR=0I,COV=14 WD W/SUBFLR,ECON CA 01 DRYWALL BATH=02,FIX=9 FIXTURES 09 STOVE 30 GRU 30 APP APPLIANCES (FULL) APP APPLIANCES (FULL) --24---: 02 NONE 01 STANDARD 04 NUM BEDROOMS ADD FACTOR 1 15528 RR SD 11/25/97 100 4.5 R0.5 12 R RESIDENTIAL R23 42.1 99,700 2.1 MA MAIN AREA R R23 1424 42.1 66,300 50 25 75 LCM 106 106 84 56,240 2.2 GRU GARAGE UNFINISHED R 3 720 21.06 15,163 50 25 75 LCM 106 106 84 12,860 2.3 USF UPPER STY FIN R R23 1104 32.67 36,067 50 25 75 LCM 106 106 84 30,600 ~w x r• A Irv m O ►n CERTIFICATE OF FILING I, Catherine Wheatley, hereby certify that on July 26, 2001, I filed the original of this INDEX AND SUPPLEMENTAL RECORD in LUBA No. 2001-119 with the Land Use Board of Appeals, 550 Capitol Street, N.E., Suite 235, Salem OR 97301-2552 by first-class mail. DATED: July 25, 2001 r Catherine Wheatley Tigard City Recorder • • CERTIFICATE OF SERVICE I, Catherine Wheatley, hereby certify that on July 26, 2001, I served a true and correct copy of this INDEX AND RECORD in LUBA No. 2001-119 by first class mail on the following persons: John T. Gibbon Attorney at Law 13425 SW 72nd Avenue Tigard, OR 97223 • Timothy V. Ramis, City Attorney Ramis, Crew, Corrigan and Bachrach 1727 NW Hoyt Street Portland, OR 97209 DATED: July 26, 2001 Catherine Wheatley Tigard City Recorder