DIR2000-00001 DATE: 7/28/2000
CODE SECTIONS: 18.775
[TOPIC: Relocation of the Library Summer Program Shelter that is Located Within the Floodplaln
and Floodway along Fanno Creek
INTERPRETATION: I have determined that the display structure currently located along Fanno Creek can be
moved so long as it is not modified or added to without land use permits. By modification,
I mean installing a concrete or wooden stage, enlarging, etc. No land use permits are
needed to simply move the shelter form where it is to its new location immediately behind
City Hall adjacent to Fanno Creek. My reasoning is that it is currently within the floodplain
and floodway and nothing changes with the move.
Gary and I viewed the structure and he determined that a building permit would not be
needed provided the poles (supports) are buried to the same depth that they are currently
buried. Simply mark the poles before you move the structure and rebury to the same
depth. Gary will assume it meets the building standards in place at the time it was
originally constructed.
I do not know if you intend to add electricity, but if so it will require an electrical permit.
Your question on removing the center pole on the structure would result in the need for a
building permit (over the counter) and fee to insure the structure would not fail. Sorry - as I
have indicated simply moving the structure to a new location along Fanno Creek would not
require further review. Modifications would result in additional review.
By: Jim Hendryx, Director of Community Development
Page l of l
I have determined that the display structure currently located along Fanno Creek can be moved so long as it is not modified or added to without land
use permits. By modification, I mean installing a concrete or wooden stage, enlarging, etc. No land use permits'are needed to simply move the shelter
from where it is to its new location immediately behind City Hall adjacent to Fanno Creek. My reasoning is that It is currently within the floodplain and
flood way and nothing changes with the move.
Gary and I viewed the structure and he determined that a building permit would not be needed provided the poles (supports) are buried to the same
depth that they are currently buried. Simply mark the poles before you move the structure and rebury to the same depth. Gary will assume it meets
the building standards in place at the time it was originally constructed.
I do not know if you intend to add electricity, but if so it will require an electrical permits.
Thank you
Jim Hendryx
Phone 639-4171 ext. 405
Fax 684-7297
file://C:AWINDOWS\TEMP\GW}00009.HTM 7/28/00
Page 1 of 1
Your question on removing the center pole on the structure would result in the need for a building permit (over the counter) and fee to insure the
structure would not fail. Sorry- as I have indicated simply moving the structure to a new location along Fanno Creek would not require further review.
Modifications would result in additional review.
Thank you
Jim Hendryx
Phone 639-4171 ext. 405
Fax 684-7297
file://C:\WINDOWS\TEMP\GW}00009.HTM 7/28/00
City of Tigard
Community(Development
MEMORANDUM ShapingA Better Community
CITY OF TIGARD, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503)639-4171
Fax 684-7297
TO: Liz Newton
FROM: Dick Bewersdorff
DATE: May 26, 2000
SUBJECT: Library Summer Program Shelter
It is my understanding that the Library would like a structure cover for its summer program.
A temporary awning is now utilized. The Publics Works Department has suggested moving
an existing shelter to a site just south of City Hall.
The site is located in the floodway. Because it is an alteration of the floodway, numerous
technical requirements come into play. A decision is necessary regarding the cost
effectiveness of gaining approval or continuing the operation as it has been.
Development in the floodway is governed by City Sensitive Lands, Water Resource
requirements, as well as, USA requirements and Division of State Lands and Corp. of
Engineers approvals for modification of wetlands.
A wetlands delineation by a qualified wetlands specialist is required to determine the extent,
if any, of wetland issues. Any impacts on the wetlands would require DSL and Corp. of
Engineers approval. Since the general location indicated is in the floodway, a hearings
officer approval is required. The key finding would be a hydraulic engineer's analysis that
the structure would have not impact on the floodway capacity.
Gaining Hearings Officer approval would require a pre-application conference to identify all
requirements, a neighborhood meeting, USA Title 3 approval, and then application
submittal. Once an application is deemed complete, the hearing would occur within 8
weeks with a 10-day appeal period. The Hearings Officer could continue the hearing,
which would delay a decision, depending on the input of the hearing or make a decision at
the hearing.
Costs include $240 for a pre-application conference and $1,240 for the hearing. Normally,
City applications are not charged but that does not reduce the cost of staff time, advertising,
and notice to property owners within 500 feet. The Hearings Officer could be expected to
charge the City between $500 to $1000 for the hearing. There are also Public Works costs.
In addition, is the cost of wetlands delineation and engineering hydraulic analysis. Since
Public Works just went through the process for a much larger Cook Park project, they may
be able to provide estimates of the costs.
Another option would be for us to do a Planning Director's Interpretation allowing the
structure to be moved from its current location to another location without regulatory review.
This would be based on the fact that the structure is currently located in the floodway and
there would not be more impact to move it within the same floodway. This would limit
significant improvements such as installing a concrete slab, etc.
I