HOP1987-00016 " C ITY OF TIGARD
N OTICE OF DECISION
HOP 87 -16 & V 87 -08
HAROLD JONES
APPLICATION: A request by Harold Jones to operate an acetylene gas tank
repair business (dba "Oxygen Equipment Repair Service ") on property zoned
R -4.5 (PD) (Single Family Residential, 4.5 units /acre, Planned Development).
Location: 15220 SW 79th (WCTM 2S1 12CA lot 3200).
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's designee based his decision
are as noted below.
A. FINDING OF FACT
1. Background
Mr. Jones first applied to the City for a business license and a home
occupation permit in April, 1986. Shortly thereafter staff realized
the applicant was using a detached shop for his business which was
prohibited by the home occupation ordinance in effect at the time.
The applicant withdrew his application but signed a Voluntary
Compliance Agreement indicating his agreement to a future home
occupation application if a revised ordinance was passed allowing his
porposed use.
Ordinance 87 -20 was signed by the Mayor of Tigard on May 4, 1987 and
will be in effect on June 5, 1987. It contains new regulations
pertaining to accessory structures and is further discussed in the
Analysis section below.
2. Vicinity Information
Properties to the south and northwest are all zoned R -4.5
(Residential, 4.5 units /acre). Properties immediately to the north
and east are zoned R -4.5 (PD) (Residential, 4.5 units /acre, Planned
Development). Properties to the west are zoned R -7 (Residential,
7 units /acre).
3. Site Information and Proposal Description
There is a 2870 square foot residence and a 576 square foot detached
shop on the property. The applicant proposes to use 576 square feet
of the shop for the business. No portion of the residence will be
used for the business. The business as proposed will not occupy more
than 25% of the combined floor area of both the home and shop. The
business began in 1971.
The business involves the repair of hoses, gauges and fittings for
oxygen and acetylene equipment. This is not of a hazardous nature.
NOTICE OF DECISION — HOP 87 -16 & V 87 -08 — HAROLD JONES — PAGE 1
4. Agency and NPO dents •
NPO #5 will be notified of the Director's designee's decision and will
be given the right to appeal.
The Building Inspection Division has reviewed the proposal and has the
following comments:
Mr. Jones should provide his business with a minimum of one
2A -10BC fire extinguisher. At least one door should be provided
from the shop directly to the outside (not through the garage)
with locking devices that can be opened from inside without the
use of keys.
B. ANALYSIS AND CONCLUSION
Section 18.142.050 of the Community Development Code contains specific
approval criteria for home occupations. Subsection (b)(1) states that
"the total area used in the accessory building shall not exceed 500 square
feet. Any accessory building that is used must meet Uniform Building Code
requirements and be in conformance with Chapter 18.144 of the Code
[Accessory Structures]."
The applicant proposes to use 76 square feet more than what the ordinance
allows. However, it is also possible for the City to approve a variance
request based on the fact that the shop is pre — existing and has been in
use since 1971. It would no doubt be impractical for the owner to reduce
his shop area in use by 76 square feet. However, it appears that the shop
meets all provisions of Chapter 18.144. If denied, the applicant could
apply for nonconforming status since he has been in operation since 1971.
The City has received no complaints regarding this business.
C. DECISION
Home Occupation Permit HOP 7 -86 and Variance 87 -08 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.
Ili ----- NOTICE OF DECISION — HOP 87 -16 & V 87 -08 — HAROLD JONES — PAGE 2
7. There shall be nikutdoor storage of materials, vl ies, 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. The applicant shall ensure that a door is constructed in the shop to
provice direct egress from the shop to the outside. The door shall be
equipped with locks which can be opened from the inside without keys.
The applicant shall consult with the Building Inspector on these or
any other building uses..
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
2. Final Decision: THE DECISION SHALL BE FINAL ON June 15, 1987
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. June 15,1987 .
4. Questions: If you have any questions, please call the City of Tigard
Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box
23397, Tigard, Oregon 97223, 639 -4171.
/ / ..eiz.,-;74 5 „ A
P•EPA BY: eborah A. Stuart, Assistant Planner DA'
' //// 44
4 , /7
54
Keith S. Liden, Senior Planner DATE APPROVED
(DAS:cn /3208P)
NOTICE OF DECISION — HOP 87 -16 & V 87 -08 — HAROLD JONES — PAGE 3
•
410 • tiOe 7-11
AFFIDAVIT OF MAILING
-
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, S ,`/Q /e , e i/ , being first duly sworn, on oath depose
and say: (P/ease Prin
That I am a 0 FC'i N e / 4j`Q/C for
The City of Tigard, Oregon.
hat I served NOTICE OF PUBLIC HEARING for:
That I served NO CE OF DECISION for: -
City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked
Exhibit "A ") was mailed to each named persons at the address shown on the
attached list marked exhibit "B" on the i/ day of :J 1987 .
said notice NOTICE OF DECICION as hereto attached, was posted on an
appropriate bulletin board on the / day of :52t h , 19 ,e
and deposited in the United States Mail on the 1 "day of :1 ,
1987, postage prepaid.
_ i /
Sig re Person who .osted on':ulletin Board
/ (For Decision Only)
A. _ _ A CMG d '
Person who delivered to POST OFFICE
Subscribed and sworn to before me on the /` day of ,f ne , 1987.
1 MARCHA . HUNT
NOTARY PUBLIC — OREGON
My Commission Expires.,. /./7 5 — J —
.t1
NOTARY PUBLIC F 0 GON
My Commission Expires: / I _ - 7
0257P/0021P
15220 SW 79th i LIFO
..„ livz , „ • HOP 7 -86 SW 79th
05270
igard, OR 97224
OX i
Harold E. Jones BRADLEY
Oxygen Equipment Repair .Service 15390 SW 79th
15220 SW 79th Tigard, OR 97224
Tigard, OR 97224
Criag Hopkins THURSTONSON
7430 SW Varns 15385 SW 79th
Tigard, OR 97223 Tigard, OR 97224
GIBBONS JONES
15210 SW Gentlewood Ct. 15235 SW 79th
Tigard, OR 97224 Tigard, OR 97224
KUENGI ARIDSON
15220 SW Gentlewood Ct. 15215 SW 79th
Tigard, OR 97224 Tigard, OR 97224
ERICKSEN BARNUM
15225 SW Gentlewood Ct. 15185 SW 79th
Tigard, OR 97224 Tigard, OR 97224
WINDISCH ENARD
15215 SW Gentlewood Ct. 7895 SW Gentlewood Dr. ,
Tigard, OR 97224 Tigard, OR 97224 '
McDONALD
MATH I S
15205 SW Gentlewood Ct. 7855 SW Gentlwood Drive
Tigard, OR 97224 Tigard, OR 97224
GRAY BIEDSCHEID
7810 SW Gentlewood Drive 7815 SW Gentlewood Drive
Tigard, OR 97224 Tigard, OR 97224
i
SMITH i CORLEY
7850 SW Gentlewood 7775 SW Gentlewood Dr.
Tigard, OR 97224 Tigard, OR 97224
PRINO 6 0. r
Q
7890 SW Gentlewood Drive I ~
Tigard, OR 97224
• •
•
' CITY OF TIGARD
OREGON
* *HOME OCCUPATION RENEWAL CERTIFICATE **
The City of Tigard hereby certifies that Harold Jones has received approval for a Home Occupation
Renewal to operate OxyHen Equipment RepairService at 15220 SW 79th Avenue from 01 -01 -91 to 12- 31 -91.
This Home Occupation Renewal has been granted in accordance with Section 18.142 of the Tigard
Community Development Code and any special conditions listed below.
In addition, the grantee holds a current Tigard Business Tax Certificate which expires on 12- 31 -91.
SPECIAL CONDITIONS:
Home Occupation Renewal Permit HOP 87 -16 is approved subject to the following conditions: , . .
1. This Home Occupation Renewal Permit shall be renewed annually.
2. A Business Tax shall be paid annually for the business.
3. There "shall be no noise emitted from the home connected with the business which is audible to
�• `1 ,
_ abutting
L ,
dences. ' , Y.
4. •. • There shall be no other paid employees o • the premises other::than those who are permanent
residents of the dwelling. '...,:'0,..,;'•"-,:: . , : '
• .... . - There shall be no signs or advertisigvisible from the'exterior of the premises :;; ` :;;;, ;,?
6. . .There shall be NO customers or clients coming to the residence in . conjunction with the -.
business. .;, . -
. 7. There shall be no outside storage of materials, vehicles or products on the premises:'Indoor ' '
, ,t : :.storage of material or, products shall not exceed the limitations imposed by the provisions of the ' -.
Fire, Health; Housing es:. ' r:
b rel t� Cad
e& A ' •. •., . , �S� . �d• �Y� -Yr.. � , ni' • YL .' . �. -
8. The use and storage" of. materials and products shall not . ' occupy more than 25, pe� rcent. of the ts' '..;
combined gross floor area of the residence:;;; ;, ,,,<.•,::• ;,'.,;: , ,;. ;: . `
1
9. There shall be no more than three deliveries per week to the residence by suppliers : ?; �� ,
10. ,' . The use shall not require any additional parking other than that which is _required for, the
•
residence. '' ..
.
APPROVED BK..' ''' ':-. 141 _�. i// • , ' .DATE :.: "LJ`. , ` ` =`; _; ;tj':' ;;
.ny • Actin_ '.r Planner: a r,:• : <. ':--.:•::, '
PLL /HOP87- 16.RC. .,
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
CITY OF TI6A RD
HOME OCCUPATION RENEWAL CERTIFICATE O REGON
The City of Tigard hereby certifies that Harold Jones has received approval
for a Home Occupation Renewal to operate Oxygen Equipment Repair Service at
15220 SW 79th Avenue from June 1, 1989 to December 31, 1990.
This Home Occupation Renewal has been granted in accordance with Section
18.142 of the Tigard Community Development Code and any special conditions
listed below.
In addition, the grantee holds a current Tigard Business Tax Certificate
which expires on December 31, 1989.
SPECIAL CONDITIONS:
Home Occupation Renewal Permit HOP 87 -16 is approved subject to the following
conditions:
1. This Home Occupation Renewal Permit shall be renewed annually.
2. A Business Tax shall be paid annually for the business.
3. There shall be no noise emitted from the home connected with the
business which is audible to abutting residences.
4. There shall be no other paid employees on the premises other than those
who are permanent residents of the dwelling.
5. There shall be no signs or advertising visible from the exterior of the
premises.
6. There shall be NO customers or clients coming to the residence in
conjunction with the business.
7. There shall be no outside storage of materials, vehicles or products on
the premises. Indoor storage of material or products shall not exceed
the limitations imposed by the provisions of the Building, Fire, Health,
and Housing Codes.
8. The use and storage of materials and products shall not occupy more than
25 percent of the combined gross floor area of the residence.
9. There shall be no more than three deliveries per week to the residence by
suppliers.
10. The use shall not require any additional parking other than that which is
required for the residence.
APPROVED BY: DATE: Z
Keith S. Liden, Senior Planner
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
• •
I��►,.
`'ITY OF TIGARD, OREGON CASE NO. #1 17- /ro
RECEIVED
RECEIPT NO.:
'HOME OCCUPATION PERMIT RENEWAL
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639 -4171
This renewal application shall include the following:
1. The required fee as established by the City Council ($20.00).
2. One (1) copy of the sheet of questions with responses.
3. A_1iets a. M -ease of a]� pa�snn —am
Pe99iid LT�t�i3B 75(1 feat of tha M
No application for renewal will be accepted unless it is accompanied by all of
the above.
APPLICANT: OXYGEN EQUIPIVIECri REPAIR SERVICE
BUSINESS NAME: 15220 S. VII. 79th
TICAR0, ORESOM 57224
OilLtr
ADDRESS: PHONE: 639 -5730
TAX MAP AND LOT NO XC1/t /2C4J!'fri?-6
EXPIRATION DATE OF. HOME OCCUPATION PERMIT: / /�,�
II�
EXPIRATION DATE OF CURRENT BUSINESS TAX CER ICATE: i7�4 4 - l /� f � '
f ��o /e7
HOME TELEPHONE NUMBER: j?. 7)C) BUSINESS PHONE: 4'
EXP : N THE NATURE OF THE BUSINESS. .BE SPECIFIC...
This renewal application shall be submitted to the Planning Department for
review. Certain conditions may be added Co the approval of this permit. . .
To continue operation of your business, you must also maintain a current
Business Tax Certificate.
If approved, your Home Occupation Permit Renewal will be valid for one year
and shall be renewed annually. You will be notified in the mail of the
Director's decision. The decision may be appealed as provided by 18.32.310(b)
of the Code.
1 //' 04a7
(Si: .tu a (Date)
PLEASE COMPLETE ALL QUESTIONS
ON THE BACK OF THIS FORM.
0257P/0021P
Rev'd: 5/87
i •
TO APPLY FOR A HOME OCCUPANCY RENEWAL PLEASE ANSWER THE FOLLOWING QUESTIONS:
1. Do you have any paid employees who don't reside at the home?
9fe
2. Do you have customers /clients coming to your residence? If so how many
per day?
(:::
3. Do you have deliveries or pickups made of products or supplies to your
residence? If so, how many and what type?
A.1 41 - 1---C " 4 1 44;) /
.4. What will your h
1!
s and days of operation be?
5. Does the business generate any noise -which can be heard outside of the
structure?
C
6. How many square feet is your residence and how many square feet are
devoted to the operation of your business, including storage areas?
q l-fivIrt- ,(0 , .64 YfM/(4,
7. What vehicles are associated witA the business that are garaged at the
residence? __ //
8. Do you store any materials, vehicles or products outdoors at the premises
in conjunction with the business?
9. Do you have any signs or advertising visible from the exterior of the
premises?
9
10. Please show the floor layout of your house and the area used for your home
occupation on the attached graph paper. Please designate those areas
which are utilized 1) entirely for the home occupation and 2) partially
for the home occupation. Please designate the approximate- dimensions of
the room(s) used for the home occupation.
11. Have you made any changes to your business since your original application
as approved by the Director?
(dmj /0257P)
‘J
1
I
111111111111111111111111111111111-1
• . ;
. . s : `_ Ci�r, OF TIGARD, OREGON
, . 4.,,4 . • :t:
• . . ' _ . ; • " • CITY OF TIGARD
HOME OCCUPATION CERTIFICATE ._
The City_of Tigard-.hereby notifies all surrounding property owners within 250
• feet . that .`Harold Jones • has received . ..
• approval fora :•Home Occupation Renewal=�to.operate Oxygen Equipment Repair Service: :
, at • 15220 SW ./..',, • • from ' June. 1988 :' , • .
• to 'June 1989. _ ..,f. • • �:::' :• -
. - '. `Ar'`. :: . �� . •, -,:' � . .' ; ,. >''. - i .. .: T: .•.; ..
This" Home -Oecupat -ion'- Ren has• =been�-•' gra - •- 4•a- . acc y e rdance = 'wi. -th - Sec -tion- -' , - .`
• 18.142. of:�i:the::Tiga Community Development . Code •and';!'any special 'conditions
listed : ,
•
In addition, ,the grantee holds a current T igard- 'Business Tax Certificate which •'_-
expires 'on' December.:31, 1988.' .. ' - . •
,
yy•r; ` ..: _ . , .
SPECIAL CONDITIONS: '<; , „ 4..
- Home Occupation Renewal Permit. 7 -86 • :_.is 'approved Subject ..to the
. following conditions:: ,
• j
1. • •This.home occupation renewal permit shall be renewed annually. . •
• 2. 'A Business Tax shall be paid'annually:.for the business '
3. , There -shall be no noise emitted from:the home connected with the
•business which. is. audible to abutting : residences , .
'4.. • .There::sha'beli ;'. no'. 'empl 'ogees -•: :working 4n'``'the 'home : conjunction • . ` `•.
- :with' the ,business who erer are residents1of,:' the home. `
5. - :There',,shall= be' -no ° isi ns '=3.or!:•advertisi visible• .from - the exterior: 'of .
-the remises. :�- '�,., Y _ >.: :, • :.�:
' ,. - - 6.'arr:!There.4;S •.be; .NO: -customers - or•-t.clients. : : . ` . r e si dence • .in” ,. ,
°';= nwi h he.:::busin `ss ',' :, ' '•��
- - _ conjunctio t t e :' ':1:�' ��`- ����• -'` _ `
r . r., ;'� 1 , ..� yuiy � l -r
7.: ;There ;. shall = be `.no:='outside' +storage • ;of : ° Materials ; = -'vehicl Or•,pr �•
-. :,'` ', oa.; : .the " premise's. '` Indoor:; storage.: of.
, ' .mater,iahy,:oi:.:products .,.,shall not l• ,`y.{ y;
- ' 1 , e xc e ed : ,;:im os ed ,':b� "th � rov ions' = - - : :the �'B uildin '' °` '`,
f IP• ..�t .�. P Y> e, "`:P s g�� �. .•�.-,ts�ii. • !1 Fire -1, ;Healt' - y - ', if. • , � . f ;� .. . : "'"--;•-'
•r' .i , ' h�;,and;�Housing�Codes.� ; :;,.. ��. • �,. ' ;1 : �.} ' _ �� ;,' ..; . °:;-_'.
:8? Thi
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