Loading...
DIR1988-00005 I ry u5 / ,,,,„,„„„,,,,,,,,,,„,,, c. July 18, 1988 ...,..J.,....A CITY OF TIGA RD OREGON Mr. Jim Grew Coldwell Banker "' " 1300 SW Fifth Avenue, #2600 / Portland, OR 97201 Mr. Jules Kessler I "� Kessler & Pierce l 8700 SW 26th Avenue, Suite B Portland, OR 97219 1 You have requested a determination whether the various businesses associated c with Let's Go Travel could be located at the former Mellow Trucking Company s ite at 11655 SW Pacific Highway in Tigard. The businesses include a travel agency, a collection agency, a printing business, a computer software business, and a charter bus service which includes servicing buses other than hose operated by the charter service. Of primary concern is whether the charter service including repair of other's buses may be established at this site as a continuation of the previous use of the site for fleet storage, a conditional use in the C -G (General Commercial) zone, and also for heavy equipment repairs, a use which is not normally -- permitted in the C-G zone. You have submitted letters from Ray Baldwin of c Mellow Trucking and Donald Hall, owner of the property, that indicate that heavy equipment repairs and fleet storage have occurred on the site for in excess of 4 years, longer than the City and Washington County have regulated use of the site. These uses are therefore considered nonconforming uses of an existing structure and site under the provisions of Community Development Code . Section 18.132.040 (d) and are allowed to continue as legal uses subject to certain conditions. The uses are allowed to continue at that location as long as the structure is not enlarged or modified. The extent of the use on the site also cannot be enlarged or extended. If the use is discontinued or abandoned for a period in excess of six months, the right to continue the nonconforming use is terminated. Another similar use may be established within the six month period after discontinuation of the nonconforming use and maintain the legal nonconforming status. C---Th We believe that your proposal to establish the charter bus storage and service business constitutes the same use types as previously occupied the site and if established within six months of Mellow Trucking's discontinuation of business would maintain the nonconforming use status. Please note, however, that these uses and the building would not be allowed to expand beyond the area used by , Mellow Trucking. This clearly would include the rear portion of the parcel which is zoned R -25 (Residential, 25 units /acre) and which has not been shown to have been used for the previous nonconforming uses on the rest of the site. Th other uses proposed are all permitted uses in the C-G zone. A travel agency is classified as a convenience sales and personal service use; a printing business is classified as a business s upport service; a collection �,' 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 eh Mr. Jules Kessler Page 2 July 18, 1988 agency and computer software service are professional and administrative -- services. These uses, would constitute a change in use for the property. Establishment of new uses on the site cannot be allowed without Site Development Review approval of site improvements necessary to comply with Community Development Code requirements. These requirements would concern provisions for parking, landscaping, access, and signage, among other things. The City's Site Development Review process would require a minimum of four weeks to process an application for review of improvements necessary to establish the travel agency, printing, collection agency and computer software businesses. The process would not delay your ability to establish the charter bus operations and repair businesses. This could include office operations necessary to conduct those businesses. Please contact me if you would like to arrange for a pre— application discussion of the Site Development Review requirements or if further clarification of the nonconforming status of the use of this property. Sincerely, s erry offer Assistant Planner C: Reader File C: Director's Interpretation File C: Bldg. Permit File: 11655 SW Pacific Hwy. br/5988D A MEMBER OF THE SEARS FINANCIAL NETWORK N. • CO�W� As KIRK TAYLOR o /� Associate Vice President B ANKCR m Associate Broker I VERIND r COLDWELL BANKER AU G 1. 1988 COLDWELL BANKER COMMERCIAL GROUP, INC. p p COMMERCIAL REAL ESTATE SERVICES DIVISION July 28, 1980 FIRST INTERSTATE BANK TOWER 1300 SW FIFTH AVENUE, TIGARD PORTLAND OREGON 9720 SUITE 2600 Mr. Keith Lieden CI-11 ktiN N D . ((503) 221 -4823 Planning Department City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 RE: Mellow Trucking Site Dear Keith: As you know, we represent the owner of the Mellow Trucking site at 11655 SW Pacific Highway in Tigard. There has been a series of meetings with Mr. Jules Kessler, a prospective purchaser, and Mr. Jim Grew of our office, concerning the use of that property with your planning department. It is my understanding that on Thursday, July 21, 1988, a meeting was held clarifying Mr. Kessler's use of the portion of the ground that is zoned commercial. In conversation with Jerry Offer, he tells me the additional uses of Let's Go Travel as to fleet storage and their ancillary uses would not require site review. It is further our understanding that the northern portion of the property, zoned R -25, has not had a final determination as to whether or not the previous uses are grandfatherable. Based on this information from your office, Mr. Kessler anticipates completing his purchase for the property on Friday, July 29, 1988. If you have a contrary understan ng, please give me a call. i r gards, Taylor 221 -4823 ses cc: Mr. Jerry Offer Mr. Steve Bennett Mr. Don Hall Mr. Jules Kessler DATE: 7/18/1988 CODE SECTIONS: 18.62 ) ei 18.132.040.d TOPIC: Lets Go Travel Businesses and C -G Zoning Regulations INTERPRETATION: You have requested a determination whether the various businesses associated with Let's Go Travel could be located at the former Mellow Trucking Company site at 11655 SW Pacific Highway in Tigard. The businesses include a travel agency, a collection agency, a printing business, a computer software business, and a charter bus service which includes servicing buses other than those operated by the charter service. Of primary concern is whether the charter service including repair of other's buses may be established at this site as a continuation of the previous use of the site for fleet storage, a conditional use in the C -G (General Commercial) zone, and also for heavy equipment repairs, a use which is not normally permitted in the C -G zone. You have submitted letters from Ray Baldwin of Mellow Trucking and Donald Hall, owner of the property, that indicate that heavy equipment repairs and fleet storage have occurred on the site for in excess of 40 years, longer than the City and Washington County have regulated use of the site. These uses are therefore considered nonconforming uses of an existing structure and site under the provisions of Community Development Code Section 18.132.040(d) and are allowed to continue as legal uses subject to certain conditions. The uses are allowed to continue at the location as long as the structure is not enlarged or modified. The extent of the use on the site also cannot be enlarged or extended. If the use is discontinued or abandoned for a period in excess of six months, the right to continue the nonconforming use is terminated. Another similar use may be established within the six month period after discontinuation of the nonconforming use and maintain the legal nonconforming status. We believe that your proposal to establish the charter bus storage and service business constitutes the same use types as previously occupied the site and if established within six months of Mellow Trucking's discontinuation of business would maintain the nonconforming use status. Please note, however, that these uses and the building would not be allowed to expand beyond the area used by Mellow Trucking. This clearly would include the rear portion of the parcel which is zoned R -25 (Residential, 25 units /acre) and which has not been shown to have been used for the previous nonconforming uses on the rest of the site. The other uses proposed are all permitted uses in the C -G zone. A travel agency is classified as a convenience sales and personal service use; a printing business is classified as a business support service; a collection agency and computer software service are professional and administrative services. These uses, would constitute a change in the use for the property. Establishment of new uses on the site cannot be allowed without Site Development Review approval of site improvements necessary to comply with Community Development Code requirements. These requirements would concern provisions for parking, landscaping, access, and signage, among other things.