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HOP1987-00003 1 ( w„;: • CITY OF TIGARD NOTICE OF DECISION HOP 03 -87 RANDALL AND MARCIA SMYTHE APPLICATION: Request by Randall and Marcia Smythe for a Home Occupation Permit for a mail order and telephone sales business for the sale of athletic products, apparel, equipment and books (d.b.a. Speed City, Inc.) on property zoned R -7 (Single Family Residential, 7 units per acre). Location: 11185 SW 125th Place (WCTM 1S1 34CB Tax Lot 7200). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous applications have been reviewed by the Planning Division for this property. 2. Vicinity Information The subject property is currently zoned R -7 (Single Family Residential, 7 units per acre) and is part of the Anton Park planned development. Surrounding properties on all sides are also zoned R -7. 3. Site Information and Proposal Description The applicants are the owners and residents of an 1850 square foot single family residence. The proposed home occupation will involve a mail order business for the sale of athletic products, apparel, equipment and books. Sales will also be conducted over the telephone with many orders going directly from the manufacturer to clients. The applicants will use a 10' x 10' den as their office and records keeping area and part of their garage for a storage area. 4. Agency and NPO Comments NPO #7 will be notified of the Director's decision and will be given the right to appeal. B. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 18.142 of the City of Tigard's Community Development Code (CDC). This will allow for up to 25% of a residence to be used for the home occupation. In this case an allowance of 462 square feet of the residence is made for use in the home occupation. Although the CDC clearly restricts customers coming to a residence in conjunction with a business, no specifications are made for delivery of goods to a residence engaged in a home occupation activity. In order to protect the character of the neighborhood and the integrity of the residential nature of the area, such deliveries will be restricted to no more than one per day. NOTICE OF DECISION - HOP 03 -87 - PAGE 1 C. DECISION . Home Occupation Permit HOP 87 -03 is approved subject to the following conditions: 1. There shall be NO paid employees working in the home in conjunction with the business who are not residents of the home. 2. There shall be no signs or advertising visible from the exterior of the premises. 3. There shall be NO customers or clients coming to the residence in conjunction with the business. 4. The Home Occupation Permit shall be renewed annually. 5. A Business Tax shall be paid annually for the business. 6. There shall be no noise emitted from the home connected with the business which is audible to abutting residences. 7. There shall be no outdoor storage of materials, vehicles, or products on the premises. Indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health, and Housing Codes. 8. Delivery of goods to the residence for the home occupation will be restricted to one per day. 9. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies �y 2. Final Decision: THE DECISION SHALL BE FINAL ON c 'J - / UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M. , Q - , 3 - 7 . 4. Questions: If you have any questions, please call the City of Tigard Planning Depart., Tigard City Hall, 13125 SW Hall Blvd., PO Box _23397, Tigard, Oregon 97223, 639 -4171. PREPARED �BBYY• T D on, Assistant Planner DATE �i��- 44_ //e 5 /g Keith S. Liden, Senior Planner DATE APPROVED (TD:cn /2980P) NOTICE OF DECISION - HOP 03 -87 - PAGE 2 • i 0 AFFIDAVIT OF MAILING 0 p g 3 Director's Decision STATE OF OREGON ) County of Washington ) ss. City of Tigard I /A/JE? 7;0 o . , being first duly sworn, on oath depose and say: (Please P int) That I am a g /' _ 1: 1 for The City of Tigard, Oregon. That. I served notice of Final Decision for City of Tigard Planning Director of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the 9 day of , / /. /"' 198 7, by mailing to each of them at the address shown the .- 'ached list (Marked Exhibit B), said notice as hereto attached, by posting on an appropriate bulletin board on the o2,) day of 1 , , 19g ; II and deposited in the United States Mail on the 02 3 d. of , 197 , postage prepaid. t, / Si• ' ure i• ! Mk/ 7 Per on who poi 1 Bulletin Board • P L _ arson who •elivered to Post Office Subscribed and sworn to before me on the a314 day of JAi/urtr 19 J MOCHA . HU T 4 . - NOTARY PUBLIC - OREGON NOTA Y PUBLI OF OREGON My Commission ExpresAg5 F2 My Commission Expires : // 5 -f7 • Randal. & Marcia Smythe Samuel Gotter III 11185 SW 125th • Route 3 Box 253 • Tigard, OR 97223 Newberg, OR 97123 Richard Boberg William & Jane Halverson 10660 SW North Dakota 12555 SW Summercrest Dr. Tigard, OR 97223 Tigard, OR 97223 Tom Brian Anton Schultz 7630 SW Fir St. 11615 SW Cloud Ct. Tigard, OR 97223 Tigard, OR 97224 Gerald Edwards Richard & Sherry Robbins 10390 SW Meadow 14855 SW 141st St. Tigard, OR 97223 Tigard, OR 97223 Valerie Johnson Dale Pfleiger 12265 SW Walnut 8185 SW 68th Place Tigard, OR 97223 Portland, OR 97223 Carolyn Eadon Steven Manning 11825 SW Wildwood Ct. 4031 SW , 92nd Portland, OR 97266 Tigard, OR 97224 I John Schwartz Glen Schroeder 15900 SW 76th Route 2 Box 498 Tigard, OR 97224 Hillsoboro, OR 97123 Custom Homes By Dave Route 3 Box 253 Newberg, OR 97132 Morning Star Const. 11180 SW Errol Tigard, OR 97223 Donnerburg Const. 14400 SW 86th Ave. Tigard, OR 97223 Jim g Hart Const. Co. Gladstone, OR 97027 I I • CITY OF' TIOIRD HOME OCCUPATION APPLICATION CITY OF TIGARD, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY /3° CASE NO.( D 317 RECEIPT NO. /f APPLICATION ACCEPTED BY: DATE: / - / (1- 87 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION ///8c 5. w. 125 - 7.f L ✓ (A) Application form (1) 776., -Tat) (B) Owner's signature /written TAX MAP AND TAX LOT NO. / 5 / J e3. authorization -TL 7Zoo (C) Title transfer instrument (1) SITE SIZE (D) Assessor's map (1) PROPERTY OWNER /DEED HOLDER* ; : „ ► S , (E) Plot plan (2 copies) ADDRESS 11185 S . L^► . VISA21 VISA PHONE & gy 570 v ,/ (F) Applicant's statement CITY .-- l' 6.A r p Gt ZIP q'7 . a (2 copies) APPLICANT* s - e ✓ (G) List of property owners and ADDRESS PHONE I addresses within 250 feet (1) CITY ZIP (H) Filing fee ($75) BUSINESS NAME 3 P e E Q C 14 ki 1 C. *When the owner and the applicant ae Aifferent people • the applicant must the purchaser of record or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE: from the owner or an agent of the owner with written / - 15- (07 authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this application. COMP. PLAN /ZONE DESIGNATION: g - 7 2. PROPOSAL SUMMARY 1 The owners of record of the subject property request approval of a home occupation to N.P.O. Number: allow (be specific) Tie IC ? C^''Q- Safer A4'1- j L rio; r /�- Re∎M- bov ks Planning Director Approval Date: a N Jdk pirtuA '1'0 WO-i a Final Approval Date: Planning Engineering Business Tax: IT,.,T _ .,,-.nn.,\ • 3. List any variance or other land use actions to be considered as part of this application: /vtc 4. Applicants: To have a complete application you will need to submit attachments described below: ✓A. One application form with signature or written authorization B. One copy of the title transfer instrument (eg. deed) One assessor's map of the property V/ p. One copy each of the attached question sheet and floor plan s/ E. One list of property owners within 250 feet of the property F. Filing fee of $75 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this I day of 3- qNJ ARv1 19'a/ SIGNATURES of each owner (eg. husband and wife) of the subject property. P 0/1"..-kkA f7 Revised 8/5/86 (KSL:pm /0738P) • TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS AND SUBMIT TWO COPIES: 1. Will you have any paid employees who don't reside at the home? - - rersr,PO R4 .Pct R." 4::—a ha.tf w Lc.. \ l (cc\t 2. Will you have customers /clients coming to your residence? If so how many per day? NO 3. Will you have deliveries or pickups made of products or supplies to your residence? If so, how many and what type? 13 1\ 6 co 0 s � � � x l 3 x bo 4. What will your hours and days of ope { ation be? S 5. Will the business generate any noise which can be heard outside of the structure? N 0 6. How many square feet is your residence and how many square feet will be devoted to the operation of your business, including storage areas? I U.) 4 •O� 0 , eC ti a --la � ∎ e 4 Sim o f ycieza y y- �^" I d S ^„1 7. What vehicles will be associated with the business that are garaged at the "-'') � residence? Nom 8. Do you intend to store any materials, vehicles or products outdoors' at the premises in conjunction with the business? O 9. Will you have any signs or advertising visible from the exterior of the premises? D 10. Please show the floor layout of your house and the area to be used for your home occupation on the attached graph paper. Please designate those areas which shall be utilized 1) entirely for the home occupation and 2) partially fot the home occupation. Please designate the approximate dimensions of the room(s) to be used for the home occupation. (dmj /0738P) • 011fii , ,, Oei _ ilib . . _ 4 (o� r i d ` � J ,,� v - -L v p i, ti t i 4 Ao•fA, ` _.„7, ` -0 1,-A \ r t 1 . c r � 1 . , - ::.,, 5 . 2 . . , ra eJ ( i\,) I VV ,. .. ,._ ____ , ., -'---- CyAA A �J- DQv PR,oPe/Z orJn /2s c,JI L ZS Pr_ — _ -- G u 57 rn.Ela Ho Nke 731) bAtic .¢n/nn/ SC_ fueTZ 72 25 i /c° /r 5, ej G caw) c7' NE IA I3Ei2 o/2 9 /32 'TiUaaa, 072 f lal /l.Vfr Sr.•FR C�•./s�2d 54-I- Y f�oaPi� •uS 1/180 5 cJ CJ224) L I& litacc 5E4 l `f l sT ST 7iU.e�c,> o,z /72-23 TtcrA-R-a o2 }Z 3 " D a /4I 213 ih4 d Con/ST2ve:r. an/ s/L �� C I� Ft-el cr �2 . /4<</D o 5. s.l . 8G 114 , J6 81 gS 5 . w . P. kt.0 - - -- T 6 -,4-ez D oR - 1 Z 2. -- — -'o tzT LA-A/ a ° 172-23 — — -- — '3 .. 4RT eo„f r4u S 'rev En/ /'1.4n/n/tn/4.. 17 v- 403 5 <J 1 �rtha s ra..rE , 2� 1 ca-TI-4."/ 6 "it 142 (oL 5.4w.v.F CroTTER 6.e. en/ 5c...4-,a-c. FA 2 (2...L.-re 3 3 .3x 253 A.,rc 2.. ?e x `{ 18 NEc.. / 3e - R4 c'�iZ 141 " - S1 sit a 0/2 9� /23 * Taw- 14 J serf 5. 1„) , S..w.w.r' 'tic�2 rZT - 2. - T - 4. , -A-44) DR- 5.7223 Rop -j"T 1/ a 4..) iZS , W(.= 2-5 / S / 3'7 G: - c - S3cro - P- -723 / 41E3 ' tALt3c27 ao °8loa CzAr4cAk1 S1\'\ - - - _s Pte€ D c:--1-1 -I r.1 s . -- ( aj 'T - �c -�e.�� _ — ()(etiNS .Ant S \ ( V.ILA 42/ u (7 ^Q.--fri i 0 _ 4 )1<s_ A -. P F c., e P ' - � _. SA S S l /�-4 � l O J k cam, \ if ge L5 cic e---t). 4-C7 41) kav(J, 10 1 U, n a -n -I 3 -tea L? )(. 3 �) Nt_ ± 04- l( ' o Q 5 e �1 S-c_L 45,A aP _CC ( �p_ t ( r .17 .1_, (eA 4' . • • J TICOR TITLE INSURANCE • STATUTORY WARRANTY DEED MORNING STAR CbNSTRUCTION, INC., an Oregon Corporation conveys and warrants to Grantor, RANDALL P. SMYTHE and MARCIE L. SMYTHE, husband and wife Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in County, Oregon, to wit: WASHINGTON Lot 34, ANTON PARK, in the City of Tigard, County of Washington and State of Oregon • THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLI- CABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIR- J � ING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. The said property is free from encumbrances except STATUTORY POWERS OF THE UNIFIID SEWERAGE AGENCY FO F>ASHINGTON ClOUNTY; EASEMENTS OF RECORD; CIONDITIONS, RESTRICTIONS AND RESERVATIONS IN DECLARATION; f The true consideration for this conveyance is $ (Here comply with the requirements of ORS 93.030) I 99,000.00 Dated this day of 19 MORNING STAR CONSTRUCTION • TIMOTHY I. MEEKER PRESIDENT • �� State of Oregon, County of SIBTe"3f', o f SECTARY • The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this day of , 19 by day of . 19 by TIMOTHY I. MEEKER PRESIDEN resident and JANE ANN MEEKER SECRETARY Secretary of MORNING STAR CONSTRUCTION a corporation, � • - •- aANK41 the corporation. ! • Notary Public for Oregon My commission expires: Notary Public for Oregon My commission expires: • • WARRANTY DEED This Space Reserved for Recorder's Use MORNING STAR CONSTRUCTION f GRANTOR GRANTEE • RANDALL P. SMYTHE Until a change is requested, all tax statements shall be • sent to the following address: RANDALL P. SMYTHE Escrow No. 34- 132185 Title No.. 340132185 After recording return to: Mr. and Mrs. Randall P. Smythe • Ticor Form No, 137 Statutory Warranty Deed 8/85 • • BOX 1059 PORTLAND, OREGON 97207 503-684-5700 DATE: MARCH 8, 1988 RE: MOVE � �� ` TO: ' �° /�� � � �Ur .�=" CITY OF TIGARD ATTN: DEBORAH STEWART BOX 23397 TIGARD, OR 97223 /119e/113) "�� ==,= =-= =—'--- --- M E M u R * m D " M Dear Ms. Stewart, i ed a complaint from you regarding our residency sa small We have rece « are in the process of moving into OW' new � "'`^- e business. Currently, we a located in the Koll Business Center. office address is: Speed City, Inc. S ite B-2 ( Our new o 10240 S.W. Nimbus Ave. u Tigard, OR 97223 We appologize for any inconveniences we may have caused in the past. cooperation and patience. Thank you for your I Cordially, ._ 1_ . _ Randall P. Smythe President _ ' . -_- � ' . .