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DIR1989-00003 111 1111.1 ■ • V, CITY OF TIGARD MEMORANDUM \ 6( 1 ( TO: JKeith Liden, Senior Planner �� FROM eborah Stuart, Assistant Planner r \ O Calculation of Home Occupancy RE - �� P Y DATE: May 8, 1989 During a discussion today with Mr. and Mrs. Weis and their attorney, Mr. Marvin Bowen, the need for a director's interpretation of how the square footage is to be calculated in the determination of a home occupation use became apparent. In the past, I have always calculated the square footage based on the total of all floors. For example, if the living room on the first floor and the bedroom on the second floor were being used for business purposes, then the square footage would be added and the total thus derived. In the case of a very large room where only shelves are involved, I had assumed that the square footage of each shelf would be added together. Mr. Bowen contends that this is calculating the cubic square footage and is not the intent of the Code. Please provide staff with your interpretation of this issue for our Director's interpretation file. On a separate but related issue, staff would like to limit the nature of deliveries made to this home occupation (approval pending). A semi -truck has visited the residence at least 11 times in the last month- and -a -half, according to Mr. Bowen. Staff thinks this is not in accordance with the purposes of the home occupation ordinance. What do you think? MEMORANDUM (Orl TO: Deborah Stuart, Assistant Planner FROM: Keith Liden, Senior Planner �(r / ✓� RE: HOP 89 -14 application DATE: June 8, 1989 You have asked for an interpretation of the Community Development Code relating to the calculation of floor area for a home occupation business. This issue was brought forth relating to the above application which has not been approved at this time. My interpretation will first deal with this issue in general and then focus upon the specific case. Also, the issue of semi -truck deliveries to home occupations will be reviewed. Floor Area Calculations Section 18.142.050 A. 2. a. states that for a home occupation "the use and storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area ". The floor area devoted to a business activity would include rooms or distinct portions of rooms where office or material storage is occurring. Home Occupation Permit 89 -14 The home occupation application for a residence located at 11163 SW 106th Avenue (HOP 89 -14) involves an attached garage that is pre=ntly being use for storage and a small office area. Materials are being store on a number of shelves that line the walls of the recently constructed garage addition. The total square footage of the house (1,652 sq. ft.) and the new addition (3,114 sq. ft.) is approximately 4,766 square feet. Unenclosed areas such as the carport and deck are not considered as building floor area. The applicant indicated in the home occupation application that only one tier of shelves totaling 906 square feet would be used along with a small office area for a total of 1,200 square feet. In actuality, three tiers of shelving have been installed. The area of the shelves in the garage is not an appropriate measure for determining the magnitude of the business because their number and size can be easily changed and the Code clearly refers to "gross floor area ". Since the shelves line three sides of the garage as well as interior floor space, the entire 3,114 square foot garage should be included as part of the business use. Although materials are only stored on the shelves, it is apparent that most of the garage area is needed for moving materials to and from the shelves. As a result, the home occupation application may not be approved because approximately 65 percent of the gross .floor area of the residence would be devoted to the business use. A floor area calculation for the business can be reduced if the applicant can illustrate that an identifiable portion of the garage will never be used in conjunction with the home occupation. Based upon the total size of the house (4,766 sq. ft.), the home occupation, including storage and office area, can not exceed 1,192 square feet. Deliveries The home occupation reviewed above is receiving semi -truck deliveries at a rate of two or three per week. Section 18.142.050 A. 12. allows a maximum of three deliveries per week without specifying the maximum size of the delivery vehicle. This aspect of the business conforms with Code requirements, although I am certain that it is not the kind of activity the City Council had in mind. If the visits by semi- trucks become a problem, the City would have the authority to amend the Code to prohibit trucks exceeding a specified weight limit for home occupation deliveries. . w / /Cx- , / . � 1G , , ire- #) May 26, 1989 / 444 Charles V. Hoff, President CITY TI�ARD Coiltron , Inc. P.O. 23940, Tigard, OR 97223 OREGON RE: Coiltron expansion 6755 S.W. Sandburg Street Dear Mr. Hoff: I am responding to your written inquiry regarding the possible expansion of Coiltron facility. I would like to address your letter by covering the recent toning history of the property, an interpretation of whether the use is permitted in the C -P (Commercial Professional) zone, and the options available to you for enlarging the business. 1. Zoning History The Plan for NPO (Neighborhood Planning Organization) If 5, which applies to this area, was adopted by the City Council on August 22, 1977, (Ord. 77 -69). The Plan and corresponding zone designations were Industrial Park (M -4) on the north side of Sandburg Street and Heavy Industrial (14-2) to the south. Both of these zoning districts allowed for commercial office and industrial uses. During the City -wide revision of the Comprehensive Plan in 1983, the zoning for the subject properties was changed to C -P , with exception of two parcels near S.W. 72nd Avenue which remained Heavy Industrial (I -H). Along with the change in the map designation, the list of permitted uses in each zone was reduced and the C -P zone does not allow industrial uses and the I -H zone prohibits office uses. Because this City -wide revision created a number of "non - conforming uses" on S.W. Sandburg Street, the City conducted a public review of the zoning in this area and invited comment from all property owners on the street. Notice was sent to the property owner, The Tigard Mirisch Co., but no comments were received. In response to comments received, the City amended the zoning on S.W. Sandburg Street on May 6, 1985 (Ord. No. 85 -20) so that the central properties are now designated I -P (Industrial Park) to correspond with existing uses on those properties and the other properties remained C -P (see attached map). 2. Director's Interpretation According to your letter, Coiltron, Inc. occupies approximately 10,300 square of floor area and if you purchased the building, it is intended that the structure would be expanded to 20,000 square feet. Of this total, approximately 34 percent would be used for light manufacturing or assembly work. The C -P zone does not allow light industrial activity. I L As I mentioned on the phone, this interpretation was delayed because a similar case had b een a t th Cit Cou for re view . This c a l s o involved a firm that was predominantly devoted to professional office and research 74o 49(26troies l err. 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 activity but with a significant light assembly component. The Council approved this business in the C -P zone with the understanding that no more than 15 percent of the total square footage could be devoted to light assembly work. It was determined that this percentage represented an insignificant amount of light industrial activity. Based upon the direction received from this Council interpretation, -it does not appear that allowing a business which devotes one -third of its floor area to light industrial use would be consistent with this recent Council action. Therefore, Coiltron Inc. is considered a non - conforming use and an expansion such as the one you describe would not be permitted by the City Code. 3. Available Options There are two basic options available to you to obtain City approval to proceed with your plans for expansion. They are an appeal of this interpretation and a Comprehensive Plan Amendment /Zone Change. a. Appeal of a Director's Interpretation This interpretation may be appealed to the City Council if a written request, justification, and $50.00 fee are submitted. The Council will then review this request at a public hearing and determine whether the Director's interpretation of the Code should be upheld. b. Comprehensive Plan Amendment /Zone Change This would involve a pre - application meeting with the Planning staff to review the relevant criteria that must be considered when changing the zoning for a property (C -P to I -P in this case). Following this meeting, you would submit an application and justification for the amendment along with a fee of $727.00. This is followed by public hearing with the Planning Commission and the City Council. The City reviews these applications twice annually with applications due in mid- August for hearings in October and mid- February for hearings in April. You may appeal to City Council to have these time requirements waived. I understand that from your view, the City's complicated response to this relatively simple proposal is discouraging. I am prepared to assist you in the best manner possible if you wish to pursue either of the above options further. Please contact me if I can be of any assistance. Sinc rely, Apprr. ed b Ie/ Keith S. Liden Es Murphy Senior Planner Director, Co unity Development Dept. _ L_ i - ------; i I . I IN Z * i T r .1 Id a i:■ �, W OOL d II" in " .. mos - � 1 us OEM • EN NM EM A 1 MI NM NAI . .... • , i . ii . .. .. .__________. ,,, . .. __ . ,h ., , , , . „, ....„) \ , , . . ... ... If LL 1_1111L. 61 ,,,, V A I ' .' aw J 113-jial I R. LAK ,. g ( /-P illand gm 1.111011111■ 1 0 ,,,o 1 1. el. 1 — cm [ ) imp to', - 41 t I 1 0.. . . \\ J 1,11■Iiir , , , \ . s - IF Eno ; i ; \ \ l� \■■1■■ a L , � �� ' .... P I \ , , ( I 1 Ie _ ' i I I _ \ ‘,,, - DRIVE 2 • W r 1 ' S LANDMARK 1 I j 1 / / ./... 1 S W MEADOW ROAD I 1 p Z A \ . ., A 1417 1 �. . 1 RO • .1 ` r S.W.." at WONITA ROAD 1 \ 4 -- IIIII1 ...______-- 1 . kreida .) - 1 5 om — , � , � A , 1 1 - SW. BURMA ROAD 1 1 IlL 1 1 ■ ■ ■ ■ ■ ■ ■ ■1�� ■ ■ ■ ■■ - • 'VA ►�1E,�11= �I/ �� �� III ■ ■ ■ ■� ■■ �� BALEi _ sTl \ \ AP .- ��1 \--; ` - _____ . ;1: l \ i 1 .� �fsr T l l _ -. �� - Y — - Let L- . , , � I 1 1 — — 1 IA EARLE LM / \ . .- _ - - - - OILI11201 P.O. Box 23940, 6755 S.W. Sandburg St., Tigard, Oregon 97223, (5(n) 620 -8231 April 3, 1989 RECEIVED URN City of Tigard APR 4 1989 Keith S. Liden, Senior Planner 13125 S.W. Hall Ave. Tigard, OR 97223 Dear Mr. Liden, Thank you for taking the time on January 25th to see Coiltron, Inc. regarding zoning requirements and changes. I apologize for the long response on our request for a zone change, clarification, but our negotiations broke down with the owners and we decided to move. Now there is reasonableness back in the purchase of the property and therefore we are now seeking clarification of building permit requirements if we do buy the property. For your review, Coiltron is an Engineering, research and manufacturing Corporation in the electronics field. The property was zoned I -P but apparently was changed to C -P sometime in 1984? C -P may preclude any "add -on" if it includes manufacturing. Coiltron, Inc. occupies approximately 10,300 sq. ft. at 6755 S.W. Sandburg St. Tigard, Or. 97223. If we purchase the building, we would add on approximately 10,000 sq. ft. of new additions. With the approximate 20,000 sq. ft., manufacturing would consume about 34% of the total area. Our products are electronic in nature which is a "clean" manufacturing process. Question; if Coiltron, Inc. purchases the property, can we get a building permit for additional space and use part of it for manufacturing? If not, what can the city do to get the proper authorizations and what time frames for a final decision? Thank you in advance for your consideration and assistance in this matter. Respectfully, Charles V. Hoff, President Coiltron, Inc. CH /mk DATE: 5/8/1989 } a c:.) CODE SECTIONS: 18.142.050.A TOPIC :I Home Occupations: Calculation of Gross Floor Area Square Footage INTERPRETATION: A director's interpretation of how the square footage is to be calculated in the determination of a home occupation use became apparent. In the past, I have always calculated the square footage based on the total of all floors. For example, if the living room on the first floor and the bedroom on the second floor were being used for the business purposes, then the square footage would be added and the total thus derived. In the case of a very large room where only shelves are involved, I had assumed that the square footage of each shelf would be added together. Mr. Bowen contends that this is calculating the cubic square footage and is not the intent of the Code. Floor Area Calculations: Section 18.142.050A.2.a. states that for a home occupation "the use and storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area." The floor area devoted to a business activity would include rooms or distinct portions of rooms where office or material storage is occurring. Home Occupation Permit 89 -14: The home occupation application for a residence located at 11163 SW 106th Avenue (HOP 89 -14) involves an attached garage that is presently being used for storage and a small office area. Materials are being stored on a number of shelves that line the walls of the recently constructed garage addition. The total square footage of the house (1,652 sq. ft.) and the new addition (3,114 sq. ft) is approximately 4,766 sq. ft. Unenclosed areas such as the carport and deck are not considered as building floor area. The applicant indicated in the home occupation application that only one tier of shelves totaling 96 sq. ft. would be used along with a small office area for a total of 1,200 sq. ft. In actuality, three tiers of shelving have been installed. The area of the shelves in the garage is not an appropriate measure for determining the magnitude of the business because their number and size can be easily changed and the Code clearly refers to "gross floor area ". Since the shelves line three sides of the garage as well as interior floor space, the entire 3,114 sq. ft. garage should be included as part of the business use. Although materials are only stored on the shelves, it is apparent that most of the garage area is needed for moving materials to and from the shelves. As a result, the home occupation application may not be approved because approximately 65 percent of the gross floor area of the residence would be devoted to business use. A floor area calculation for the business can be reduced if the applicant can illustrate that an identifiable portion of the garage will never be used in conjunction with the home occupation. Based upon total size of the house (4,766 sq. ft.), the home occupation, including storage and office area, can not exceed 1,192 sq. ft. Deliveries: The home occupation reviewed above is receiving semi -truck deliveries at a rate of two or three per week. Section 18.142.050.A.12 allows a maximum of three deliveries per week without specifying the maximum size of the delivery vehicle. This aspect of the business conforms with Code requirements, although I am certain that it is not the kind of activity the City Council had in mind. If the visits by semi - trucks become a problem, the City would have the authority to amend the Code to prohibit trucks exceeding a specified weight limit for home occupation deliveries.