HOP1989-00014 - • •
41161 RESIDENTIAL
•
HOME OCCUPATION CITY OF TINA RD
NOTICE OF DECISION
•
OREGON
This is to notify all surrounding property owners of
record, within 250 feet, that the below named person(s)
have been approved for a Home Occupation Permit.
Business Name: Accessory Reps,. Inc. File No.: HOP 89 -14
• Name of Applicant: C. L. (Brad) Weis and Joan M. Knight
Property Address: 11163 SW 106th Avenue
.Tax Map: 1S1 34DA • 'Lot No.: 1600
•
Zone: R -7 RENEWAL DATE: 12/31/90
,Nature of Business: Wholesale electronic accessories business
•
Notice is hereby given that the Planning Director's Designee for the City of
Tigard has APPROVED this Home Occupation subject to the satisfaction of all of
the following .conditions by 2:00 p.m. July 11, 1989: .:
This Home Occupation is subject to the following conditions:
• 1. The use shall be a secondary use to the primary use of the house as a
residence.
•
2. The Home Occupation use and storage of materials and products shall not
occupy more than 25 percent of the residence gross floor area. With
respect to this case, total gross floor area devoted to busines use •
shall not exceed 1192 square feet.
3. The use shall not include any retail sales other than telephone sales;
The use shall not involve direct sales or service from the property
necessitating any customer traffic to the residence.
4. There shall be no paid employees working in the home in conjunction
with the business who are not residents of the home.
5. 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,
Housing Codes or Condition 2 above.
NOTICE OF DECISION - HOP 89 -14 - Page 1
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
• `,
6. There shall be no noise, obnoxious odors, vibrations, glare, fumes,
electrical interference, heat (detectable to normal sensory perception
outside the structure), traffic, and discharge of materials, gases, or
fluids into the sanitary sewer or storm drainage systems which are in
excess of what is normally associated with residential uses.
7. No exterior or other on -site advertising visible from the exterior shall
be allowed.
8. The use shall not require any additional parking other than that which
is required for the residence.
9. There shall be no more than 3 deliveries per week to the residence by
all suppliers and /or the business owner.
10. All requirements set forth by the City Building Division which it deems
necessary to bring this use into compliance with the provisions of the
Uniform. Building and Fire Codes shall be satisfied by 2:00 p.m. July 11,
1989.
11. . The use shall be required to provide and maintain off - street loading and
maneuvering space for all deliveries. The loading space shall have
sufficient area for turning and maneuvering of vehicles on the site and
not in the public right -of -way.
12. Deliveries shall be limited to vehicles which have no more than two
axles and which weigh no more than 19,000 (gross) pounds.
13. The Home Occupation Permit shall be renewed annually.
14. A business tax shall be paid annually for the business.
IF ANY OF THE PRECEEDING CONDITIONS ARE NOT MET, THIS HOME OCCUPATION PERMIT •
• WILL BE IMMEDIATELY INVALIDATED AND CIVIL INFRACTION VIOLATIONS WILL BE
ENFORCED BY THE CITY.
• NOTE: The above conditions have been imposed on the approval of this home
occupation to ensure the use is compatible with the residential uses in
the vicinity in accordance with the Tigard Community Development Code
Section 18.142.055. The subject use has been in operation without City
approval; the City has agreed not to cite the business if the business
owners can assure 100 percent compliance with all of the above
conditions. The City has concerns regarding: 1) the floor space
devoted to the business; 2) Uniform Building and Fire Code requirements;
and 3) the number of deliveries and how those deliveries are made. The
above conditions are reasonable to ensure that the use is compatible
with the residential uses in the vicinity. The applicant has agreed to
periodic City inspection of the property as part of Condition #2.
NOTICE OF DECISION - HOP 89 -14 - Page 2
• •
Notice was posted at City Hall and mailed to:
XX The applicant and owners.
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
THE DECISION SHALL BE FINAL ON July 3, 1989 , UNLESS AN APPEAL IS FILED.
Any party to the decision may appeal this decision in accordance with 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 4:30 PH July 3, 1989
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.
-,//
PREPARED BY: eborah S uart, Assistant Planner DATE
l �
/ l/I
Elizabeth Newto / enior Planner DAT
HOP89 -14
NOTICE OF DECISION - HOP 89 -14 - Page 3
• •
-^^ / / ii ul 1
RESIDENTIAL
HOME OCCUPATION CITY OF T'FA RD
Notice of Decision
Business Name: / 550 S : 1 = - 1 1 < 2 File No.
Name of Applicant: C- L , ( 3r p�) 6(Je ( S Q . / / ! � j ce r ' kit-
Property Address: if( 6 3 Fes) /0 6 ' Ave ✓ "
Tax Map: Iv ( 3clQA Lot No.: /6 cb
Zone: �' �— RENEWAL DATE: l��p' 3 / 19,
Nature of Business:
ll/ 1esa P2c r�iG /reCe5 S -7 'e-s Abk r', -o
Notice is hereby given that the Planning Director's Designee for the City of
Tigard has APPROVED this Home Occupation.
This Home Occupation is subject to the following conditions:
1. The Home Occupation use and storage of materials and products shall not
occupy more than 25 percent of the combined residence and accessory
structure gross floor area. Total area used in an accessory building
shall not exceed 500 square feet. An accessory building must meet Uniform
Building Code requirements, and conform with Chapter 18.144 of the
Community Development Code.
2. The use shall be a secondary use to the primary use of the house as a
residence.
3. There shall be no paid employees working in the home in conjunction with
the business who are not residents of the home.
4. There shall be no customers or clients coming to the residence in
conjunction with the business.
5. There shall be no signs or advertising visible from the exterior of the
premises.
6. 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.
7. There shall be no noise, obnoxious odors, vibrations, glare, fumes,
electrical interference, heat (detectable to normal sensory perception
outside the structure), traffic, and discharge of materials, gases, or
fluids into the sanitary sewer or storm drainage systems which are in
excess of what is normally associated with residential uses.
• . .
8. The Home Occupation Permit shall be renewed annually.
9. A business tax shall be paid annually for the business.
10.
If any of the preceding conditions are not met, this Home Occupation Permit
will be immediately invalidated.
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
THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS
FILED.
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.
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.
PREPARED BY: O 4 " c ; n _ Assistant Planner DATE
Keith S. Liden, Senior Planner DATE APPROVED
ht/3677P
0 1
._ ... A A'. , CITY OF TIGARD, OREGON
Ak
HOME OCCUPATION APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ON LY
:CASE NO. P O p - ` /
'OTHER CASE NO'S:
RECEIPT NO. 03; 2-5—
APPLICATION A BY: 16
DATE: 8-,
1. GENERAL INFORMATION Appli pdtion elements submitted:
PROPERTY ADDRESS /LOCATION 11163 S.W. 106th (A) Application form (1)
Tigard, Oregon LA Owner's signature /written
TAX MAP AND TAX LOT NO. i5134nA -0 1 Finn authorization
Title transfer instrument (1)
SITE SIZE 150' x 134.3' ' (D Assessor's map (1)
PROPERTY OWNER/MDMINUERX C.L. Weis (Brad) (E) Plot plan (1 copy)
ADDRESS 11163 S.W. 106th Joan PHONEn684 -6562 Applicant's statement
CITY Tigard ZIP 97223 ✓ ✓✓ (1 copy)
APPLICANT* C.L. Weis (Brad) , Joan Knight G) List of property owners and
ADDRESS 11163 S.W. 106th PHONE 684 -6562 addresses within 250 feet (1)
CITY Tigard ZIP 97223 Lam"' Filing fee ($80)
BUSINESS NAME Accessory Reps, Inc.
*When the owner and the applicant are different people,
the applicant must be 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
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:
2. PROPOSAL SUMMARY
The owners of record of the subject property A
request approval of a home occupation to N.P.O. Number: %
allow (be specific) Storage of electronic/
stereo accessories which are for wholesale Planning Director Approval Date:
only. No retail. All products delivered
from location to stores by vehicle.. No
customers or walk -in traffic except twice Final Approval Date:
a week delivery of product. No employees,
1 telephone, no signs.
3. Specify whether you are using a detached Planning
building on your property and give dimensions:
No detached. All part of house. Engineering
0738P/23P l . T
. _ ,
3. List any variance or other land use actions to be considered as part of this
application: None •
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)
C. One assessor's map of the property
D. One copy each of the attached question sheet and floor plan
E. One list of property owners within 250 feet of the property
F. Filing fee of $80
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 24th day of March 19 89
SIGNATURES of each owner (eg. husband and wife) of the subject property.
4// /1/14
C L Wei, (Brad
It 4_ •
-o n M. Knig t
Revised 3/15/88
(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?
No.
2. Will you have customers /clients coming to your residence? If so how many
per day?
None.
3. Will you have deliveries or pickups made of products or supplies to your
residence? If so, how many and what type?
Two (2) deliveries per week. No pickup of products or supplies.
4. What will your hours and days of operation be?
8:00 a.m. - 5:00 p.m. Monday and Friday.
5. Will the business generate any noise which can be heard outside of the
structure?
No.
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?
5700 sq. ft. total. Business use - 1200 sq. ft.
7. What vehicles will be associated with the business that are garaged at the
residence? r5-01"--6-
1989 Chevrolet van and a red Honda and an 8' trailer.
8. Do you intend to store any materials, vehicles or products outdoors at the SiSS,
premises in conjunction with the business?
vehicles in carport PS
8' trailer is outdoors.
9. Will you have any signs or advertising visible from the exterior of the
premises?
None.
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 for the home occupation. Please designate the approximate
dimensions of the room(s) to be used for the home occupation.
(dmj /0738P)
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CITY OF TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT
PRE - APPLICATION CHECKLIST
Date IVD�/, , S 1 4//
1. APPLICANT 2AV/0 /JO 7 ( • . %',J
2. PROPERTY LOCATION n f
Address /4i. (�prv',E v.: ni /C(c4 - (A --- k) .t kc...6 .
Tax Map /Tax Lot 4 ,5 1 z T/}),! c.. /(O()
3. PROPOSAL DESCRIPTION /NECESSARY APPLICATIONS) /8 $ET6 VA' het ,..C<
ro AL1AGV , c6 -, q&' yfrkp SEr / K or /a rr 1‹. k.'6" /s Fr /s ... 7 G., =; r A
4. USE
Existing J /AJGC E T;1 5 / /DES /OE/J6 6
Adjacent Property
north ar t, ci i e t.,..„ (� re 1 i , p • ; C E - � •
if south' i
• --
_ .. .........: . ..__.. .`� __.,..._ .. ...0
east " J
west i _......
•
5. COMPREHENSIVE . PLAN DESIGNATION • 5, A.5 /t -/ 4-1; l � or E'er / r k.. C.- . - ..
6. ZONING DESIGNATION R (ic'ec,- i de vt 7 1 ,., j z/5' ( �S / e r t )
/ 1 '
7. NEIGHBORHOOD PLANNING ORGANIZATION NO. 7 CHAIRPERSON Le e- ecrrrrt,.Gi 4 4t•t
PHONE
(/e A. 6l'E Setback a //ows -Foy setback 4v exisf"i3 lJ (4; fill 4 f•'t' 14r; -4
6. . CODE REQUIREMENTS c , C,cu „,cun ��
... :: ._•_ "•__ - w>.. Ati .v .oZ �p % - ..I n .-_ , N� C�Q�.E. ��AY •S - : - K /L!•!.ci:a�S �. t - °_ --
Minimum lot size /width 75T3c 1 .
Setbacks: front ?O corner /5 side $ ~ rear /J
,j,../ {o �on, ti. DA k,
- Special setbacks: •• streets &M CL establishe are
lo we r intensity'. - .. - - _ --._ -
... -� ., ... .._ s i ty orie —
.._ .. .�., .... ,wetlan �:. _. .._ . _.
•
w . . .•. ....:a{. �f. a.• �' - FLn-ain L c. :v - .a :.. :.9 ..�C,t
flag lot accessory :structures -'
... , � ._x _ M•_.�� - 1 l i
!axmum lot'c _ w ......�., : '
ove.r,•age ,... i4.vaieecrz "�'r__f:.: i_ i:_:..'"_ 'f rn,e.s. � , :1.-4..
r Maximum building height . 4.
"r U C o &t.--;, C. S i/C /)/Gfr) 717 It 51 4m;1-1ec(
r.
CIRCULATE. /
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I/RC JO Staff Review JI dicer
DS
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CITY OF TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT
PRE— APPLICATION CHECKLIST
�J) Date 4/41/ J5- /188 Q /14
1. APPLICANT , /A /IJOa QAJ
2. PROPERTY LOCATION
Address A.t! vv tf I0( v Cam, h k
Tax Map /Tax Lot j cS 1 3/ 1) 4 , TAX /660
3. PROPOSAL DESCRIPTION /NECESSARY APPLICATION(S) /ex/AGE SETS ,4C0( V4,? /k,u E
jo Aucw lecAv? /11781) 5Er6,4cK tc /a Fr 101 8-Pr /s SrAimw ieA
4. USE
Existing 5 /,VGC E F i,ty /e65/0E/VG
Adjacent Property
north 3; fr y I e.. WI 1 VeS ■ nriC65
south i/
east 1/ '/ /,
west / 1 / i/
5. COMPREHENSIVE PLAN DESIGNATION 5, ,t 4 /t. eS %O1 e C `t
6. ZONING DESIGNATION 7 ? - 40.5 ✓ I I 4 /5 -' 4 ' ii/
7. NEIGHBORHOOD PLANNING ORGANIZATION NO. 7 CHAIRPERSON Le e- Com ali6t 401
PHONE
- (' /Px4M setha kk a //o -*C/Y s06e.e'k 4r exis /;h1 hi4 ;1de'd, be oyie (
8. CODE REQUIREMENTS apex, a „ i,,, -1 e& c reAr se /back cum be uav;v4 /o /. -Rd,
Minimum lot size /width 75Z) 7 -(1
Setbacks: front ?ip , corner �5-1 �J
r/ side � rear �
Special setbacks: streets 1 4 1-I 4b i CL e stablished areas
lower intensity zones wetlands ._
flag lot — accessory structures S " zero lot line
''Maximum lot coverage 2
Maximum building height 3 1/
Cop es s We. / 0 /am k 5 0C
1
•
Special height 1Tmits flag lot other
Density calculation
Density transition —
Landscaping: minimum.% of lot area -
Street Trees ---
Buffer Areas
Parking Areas
Visual clearance
Parking and loading
Access and circulation - -
Signs --
9. OTHER CONSIDERATIONS (See application checklist for specific items)
Sensitive lands: floodplain drainageway --- >25% slope
Wetlands
Open space
Historic overlay
Street improvements /connections /bikeways /yam '44) l (/J 14)
NpI/q-
Right - of-way dedication
Sanitary Sewer improvement
Storm Sewer improvements ,..- --
Improvement Agreement - Permit; Bonds; Fees �--
Other agency permits
10. PROCEDURE
Administrative staff review
Public Hearing /Hearings Officer
Public Hearing /Planning Commission
The Administrative decision or Public Hearing shall occur
approximately 30 days after a complete application is filed. A
410 -day appeal period follows all decisions.
(0573P/0022P)
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CITY OF TIGARD
OREGON
* *HOME OCCUPATION RENEWAL CERTTFICATE **
The City of Tigard hereby certifies that Brad Weis has received approval for a Home Occupation Renewal to operate
Accessory Reps, Incorporated at 11163 S.W. 106th 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 89 -14 is approved subject to the following conditions: -
I. 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: I,/ / Al CAL / A DATE:
Jerry Oi - Acti - . nior Planner
PWHOP89 -WIIRC --
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
Post•It' "routing request pad 7664
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ROUTING - REQUEST
Please
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EXHIBIT
ADJOINING NEIGHBORS TO
C. L. WEIS AND JOAN M. KNIGHT
Dick Stechman Obi)
10735 S.W. North Dakota Street
Wes and Kathy Norbo
11125 S.W. 106th Avenue '
Susan Shay 40
11180 S.W. 106th
Page 1 - EXHIBIT
- y'�y�`:f ,Ko; ef2— LEIrSE= OUStNe55. "C'REM±tk'k v,� «� ., "– •,• = -' � ».,.....• Vie;- �u :'T'.' Y`rSTEV6NS�NE §3"CAVI`PQ6:'CO ;': POR. TL' XNQiOR :07T([R". :;�:�.;rtTS':'r; -
- . � =+ t +.
• •
• THIS INDENTURE OF LEASE, made and entered into this ........... day of
19_. _, by and between DONALD R. TQURA( yU-
hereinafter called the lessor, and - BRAD _WEB.$ _AHD.CESSDRY ..REPS....IrIC.
11163 S. W. 106TH AVENUE
_ — — .._........._ TIGARD, QREON 9722.3
, hereinafter called the lessee,
WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part
of the lessee to be paid, kept and faithfully performed, the lessor does hereby lease, demise and let unto the said
lessee those certain premises, as is, situated in the City of .BEA1IEBTfN. ...... _.__._ —.._, County of -ae ASH-I.1VGT(N1 - - - --
and State of OREMI&__ , known and described as follows:
APPROXIMATELY 770 SQUARE FEET OF WAREHOUSE SPACE
FENCED IN WITH A SEVEN FOOT LOCKABLE SLIDING GATE
AT 11040 S. W. ALLEN BLVD. BEAVERTON, OREGON 97005
To Have and to. Hold the said described premises unto the said lessee for a period of time commencing with
the.._ day of AIGUSI ,19.. 89..., and ending at midnight on the 31ST . - day of .. JUL . Y ._..._...._....____.. —.,
19 90 , at and for a rental of $_4.,.209, 00+ * _for the whole of the said term payable in lawful money of the
United States at ..... , City of
State of ORE QN. , at the following times and in the following amounts, to -wit:
RENT FOR THE TERM OF THIS LEASE SHALL BE AS FOLLOWS:
AUGUST 1, 1989 TO JULY 31, 1990 @ $350.00 PER MONTH, PLUS * A
PROPORTIONATE SHARE OF ELECTRIC AND NATURAL GAS BILLS.
UPON EXECUTION OF THIS LEASE, LESSEE HAS PAID THE AMOUNT OF
SEVEN. HUNDRED ($700 - .00) FOR THE FIRST AND LAST MONTHS OF THE
LEASE TERM (AUGUST 1 -31, 1989 AND JULY 1 -31, 1990).
•
BEGINNING WITH THE SECOND MONTH OF THE LEASE TERM,
LESSEE WILL MAKE MONTHLY RENT PAYMENT NO LATER THAN
THE FIFTH (5TH DAY OF EACH MONTH.
In consideration of the leasing of said premises and of the mutual agreements herein contained, each party
hereto does hereby expressly covenant and agree to and with the other, as follows:
. t,. ��. ''ran :C':
✓ � . � ' � . , ' � frtvlteea.
lessor harmless harmfeaaa8alnat any r� claims and demands arising' frost the neglige -the lessee;, li1b. o fti rs ce a ge nte
- and /or employees, as well as those arising from lessee's failure to comply with any covenant of this lease on his part lo be performed,
and shall at his own expense defend the lessor against any and all suite or actions arising out of such negligence, actual or alleged,'
and all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against lessor in any such suit or action.
FIXTURES (12) All partitions, plumbing, electrical wiring, additions to or improvements upon said leased premises, whether in-
stalled by the lessor or lessee, shall be and become a part of the building as soon as installed and the property of the lessor unless other-
wise herein provided.
LIGHT (13) This lease does not grant any rights of access to light and air over the property.
AND AIR
•
DAMAGE BY (14) In the event of the destruction of the building in which said leased premises are located by fire or other
FASUALTY, c asualty, either party hereto may terminate this lease as of the date of said tire or casualty, provided, however, that
FIRE AND j' y, p
DUTY TO
REPAIR in the event of damage to said building by fire or other casualty to the extent of per cent or more of the
sound value of said building, the lessor may or may not elect to repair said building; written notice of lessor's said election shall be
given lessee within fifteen days after the occurrence of said damage; it said notice is not so given, lessor conclusively shall be deemed
to have elected not to repair; in the event lessor elects not to repair said building, then and in that event this lease shall terminate
with the date of said damage; but if the building in which said leased premises are located be but partially destroyed and the damage
so occasioned shall not amount to the extent indicated above, or it greater than said extent and lessor elects to repair, as aforesaid,
then the lessor shall repair said building with all convenient speed and shall have the right to take possession of and occupy, to the
exclusion of the lessee, all or any part of said building in order to make the necessary repairs, and the lessee hereby agrees to vacate
upon request, all or any part of said building which the lessor may require for the purpose of making necessary repairs, and for the
period of time between the day of such damage and until such repairs have been substantially completed there shall be such an
abatement of rent as the nature of the injury or damage and its interference with the occupancy of said leased premises by said lessee
shall warrant; however, if the premises be but slightly injured and the damage so occasioned shall not cause any material interference
with the occupation of the premises by said lessee, then there shall be no abatement of rent and the lessor shall repair said damage
with all convenient speed.
WAIVER OF (15) Neither the lessor nor the lessee shall be liable to the other for loss arising out of damage to or destruction of
SUBROGATION
RIGHTS the leased premises, or the building or improvement of which the leased premises are a part or with which they are
connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be in-
cluded within or insured against by a standard form of tire insurance with extended coverage, including sprinkler leakage insurance, it
any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the
damage or destruction is caused by the negligence of either lessor or lessee or by any of their respective agents, servants or employees.
It is the intention and agreement of the lessor and the lessee that the rentals reserved by this lease have been fixed in contemplation
that each party shall fully provide his own insurance protection at his o;vn expense, and that each party shall look to his respective
insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subro-
gation under any circumstances against any party to this lease. Neither the lessor nor the lessee shall have any interest or claim in the
other's insurance policy or policies, or the proceeds thereof, unless specifically covered therein as a joint assured. •
EMINENT (16) In case of the condemnation or purchase of all or any substantial part of the said demised premises by any public
DOMAIN
or private corporation with the power of condemnation this lease may be terminated, effective on the date possession
is taken, by either party hereto on written notice to the other and in that case the lessee shall not be liable for any rent after the termin-
ation date. Lessee shall not be entitled to and hereby expressly waives any right to any part of the condemnation award or purchase price.
FOR SALE _ - (17) During the period of III.._ daya.prlor to, the date _above fixed tor. the. teimihation_.o1.. saldr ' lease thtpr „-
AND
FOR RENT lessor herein may post on said premises or in the windows thereof signs of moderate size notifying the public that
SIGNS the premises are "tor sale” or "for lease."
DELIVERING UP (18) At the expiration of said term or upon any sooner termination thereof, the lessee will quit and deliver up said
PREMISES ON l premises and all future erections or additions to or upon the same, broom- clean, t t he lessor or those having
ng
lessor's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear there-
of, damage by tire, unavoidable casualty and the elements alone excepted, as the same are now in or hereafter may be put in by the
• lessor.
ADDITIONAL (19) LESSEE SHALL BE ALLOWED FREE ACCESS TO DOCK AREA ADJACENT TO SUBJECT
COVENANTS
OR EXCEPTIONS LEASED SPACE.
ALTHOUGH THIS IS A ONE YEAR LEASE; LESSEE SHALL HAVE A 60 DAY ESCAPE •
CLAUSE DURING THE TERM OF SAID LEASE. IT IS REQUIRED HOWEVER THAT
LESSEE MUST DELIVER IN WRITING TO ABOVE ADDRESS TO MR. TOURANGEAU
INTENT TO TERMINATE SAID LEASE AT THE END OF THE SIXTY DAY PERIOD.
•
•
LESSEE IS REQUIRED TO INSURE OWN INVENTORY AND MAINTAIN SAID INSURANCE
THROUGHOUT TERM OF LEASE.
•
•
- • 77 • ,
' , 4 , 4: k‘z; • . -
tr L ":"
• LESSEE'S (1 1 The lessee accepts said letting and agrees to pay to the order of the 'lessor the risntals e stated Media
ACCEPTANCE -
OF LEASE . term of this lease, in advance, at the times and in the manner aforesaid. -
USE OF (2a) The lessee shall use said demised premises during the term of this lease for the conduct of the followirqj business:
• ' PREMISES
WAREHOUSING AND DISTRIBUTION OF VIDEO ACCESSORIES
and for no other purpose whatsoever without lessor's written consent.
(2b) The lessee will not make any unlawful, improper or offensive use of said premises; he will not suffer any strip or waste
thereof; he will not permit any objectionable noise or oder to escape or to be emitted from said premises or do anything or permit
anything to be done upon or about said premises in any way tending to create a nuisance; he will not sell or permit to be sold any
spiritous, vinous or malt liquors on said premises, excepting such as lessee may be licensed by Mw to sell and as may be herein expressly
permitted; nor will he sell or permit to be sold any controlled substance on or about said premises.
(2c) The lessee will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the
lire hazard thereon; he shall not install any power machinery on said premises except under the supervision and with written consent
of the lessor; he shall not store gasoline or other highly combustible materials on said premises at any time; he will not use said prem-
ises in such a way or for such a purpose that the lire insurance rate on the building In which said premises are located is thereby in-
creased or that would prevent the lessor from taking advantage ol any rulings of any agency of the state In which said leased premises
are situated or its successors, which would allow the lessor to obtain reduced premium rates for long term lire insurance policies.
(2d) Lessee shall comply at lessee's own expense with all laws and regulations oi any municipal, county, state, federal or other
public authority respecting the use of said leased premises.
(2e) The lessee shall regularly occupy and use the demised premises for the conduct of lessee's business, and shall not abandon or
vacate the premises for more than ten days without written approval of lessor.
UTILITIES (3) The lessee shall pay for all heat, light, water, power, and other services or utilities used in the above demised
premises during the term of this lease.
REPAIRS AND (4a) The lessor shall not be required to make any repairs, alterations, additions or improvements to or upon said prern-
IMPROVEMENTS ises during the term of this lease, except only those hereinafter specifically provided kr; the Mime hereby agrees to
maintain and keep said leased premises including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring,
plumbing and drain pipes to sewers or septic tank, in good order and repair during the entire term of this lease at lessee's own cost and
expense, and to replace all glass which may be broken or damaged during the term hereof in the windows and doors of said premises with
glass of as good or better quality as that now in use; lessee further agrees that he will make no alterations, additions or improvements
to or upon said premises without the written consent ol the lessor first being obtained.
(46) The lessor agrees to maintain in good order and repair during the term of this lease the exterior walls; root, gutters, down-
spouts and foundations of the building in which the demised premises are situated and the sidewalks thereabouts.
It is understood and agreed that the lessor reserves and at any and all times shall have the right
to alter„repair or improve the building of which said demised prensises are a part, or to add thereto and for that purpose at any time
may erect scaffolding and all other necessary structures about and upon- the dernise&-preasiais and lessor and represerstativesi;„_
contractors and workmen for that purpose may enter in or about the said demised premises with such' al lessor may deem -
necessary therefor, and lessee waives any claim to damages, including loss 01 business resulting therefrom.
LE R'
SSOS (5) It shall be lawful for the lessor, his agents and representatives, at any reasonable time to enter into or upon said
RIGHT OF
ENTRY demised premises for the purpose of examining into the condition thereof, or any other lawful purpose.
RIGHT OF (6) The lessee will not assign, transfer, pledge, hypothecate, surrender or dispose of this lease, or any interest herein,
ASSIGNMENT sub let, or permit any other person or persons whomsoever to occupy the demised premises without the written consent
of the lessor being first obtained in writing: this lease is personal to said lessee; lessee's interests, in whole or in part,
cannot be sold, assigned, transferred, seized or taken by operation at law. or under or by virtue of any execution or legal process, attach-
ment or proceedings instituted against the lessee, or under or by virtue of any bankruptcy or insolvency -proceedings had in regard to
the lessee, or in any other manner, except as aboved mentioned.
LIENS (7) The lessee will not permit any lien of any kind, type or description to be placed or Imposed upon the building
in which said leased premises are situated, or any part thereol, or the real estate on which it stands.
ICE, SNOW, (8) II the premises herein leased are located at street level, then at all times lessee shall keep the sidewalks in front
DEBRIS of the demised premises free and clear of ice, snow, rubbish, debris and obstruction; and if the lessee occupies the
entire building, he will not permit rubbish, debris, ice or snow to accumulate on the roof of said building so as to stop
up or obstruct gutters or downspouts or cause damage to said roof, and will save harmless and protect the lessor against any injury
whether to lessor or to lessor's property or to any other person or property caused by his failure in that regard.
OVERLOADING (9) The lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress
OF FLOORS or strain upon the building in which said demised premises are located, or any part thereof, and the lessor shall have
the right, at any time, to call upon any competent engineer or architect whom the lessor may choose, to decide • •
whether or not the floors of said premises, or any part thereol, are being overloaded so as to cause any undue or serious stress or strain
on said building, or any part thereof, and the decision ol said engineer or architect shall be final and binding upon the lessee; and in
the event that the engineer or architect so called upon shall decide that in his opinion the stress or strain is such as to endanger or
injure said building, or any part thereof, then and in that event the lessee agrees immediately to relieve said stress or strain either by
reinforcing the building or by lightening the load which causes such stress or strain in a manner satisfactory to the lessor.
ADVERTISING (10) The lessee will not use the outside walla of said premises, or allow signs or devices of any kind to be attached,
SIGNS thereto or suspended therefrom, for advertising or displaying the name or business of the lessee or for any purpose:
whatsoever without the written consent of the lessor; however, the lessee may make use of the windows of said...
leased premises to display lessee's name and business when the workmanship of such signs shall be of good quality and permaneni
nature; provided further that the lessee may not suspend or place within said windows or paint thereon any banners, signs, sign-boards.
or other devices in violation of the intent and meaning of this section.
LIABILITY (11) The lessee further agrees at all times during the term hereof, at his own expense, to maintain, keep in effect,'"
INSURANCE furnish and deliver to the lessor liability insurance policies in form and with an insurer satisfactory to the lessor,
insuring both the lessor and the lessee against all liability for damages to person or property in or about said leased premises; the amount
of said liability insurance shall not be less than $ 100,000,00 for injury to one person, $ 300,000.00 for
injuries arising out of any one accident and not lessithan 1 0 Qa 000.00 for property damage. Lessee agrees to and shall Indemnify
•
}� - :y,.. ,.--.K-Si s _.� au•,, ' — ^, r,. : , y.;
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C �Hi w
ATTACHMENT PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if the lessee shall be in arrea in the
DT
DEEFAULT FAULT payment of said rent for a period of ten days alter the same becomes due, or (2) if the lessee shall fail or neglect to
do, keep, perform or observe any of the covenants and agreements contained herein on lessee's part to be done, kept,
performed and observed and such default shall continue for ten days or more after written notice of such failure or ne-
glect shall be given to lessee, or (3) if the lessee shall be declared bankrupt or insolvent according to law, or (4) if any assignment of
lessee's property shall be made for the benefit of creditors, or (5) if on the expiration of this lease lessee !ails to surrender possession of
said leased premises, then and in either or any of said cases or events, the lessor or those having lessor's estate in the premises, may
terminate this lease and, lawfully, at his or their option immediately or at any time thereatter, without demand or notice, may enter into
and upon said demised premises and every part thereof and repossess the same as of lessor's former estate, and expel said lessee and
those claiming by, through and under lessee and remove lessee's effects at lessee's expense, forcibly if necessary and store the same, all
without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or pre-
ceding breach of covenant.
Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises shall deprive lessor of
any other action, right, or remedy against lessee for possession, rent or damages, nor shall any omission by lessor to enforce arty forfeiture,
right or remedy to which lessor may be entitled be deemed a waiver by lessor of the right to enforce the performance of all terms and
conditions of this lease by lessee.
In the event of any re -entry by, lessor, lessor may lease or relet the premises in whole or in part to any tenant or tenants who may
be satisfactory to lessor, for any duration, and for the best rent, terms and conditions as lessor may reasonably obtain. Lessor shall apply
the rent received from any new tenant first to the cost of retaking and reletting the premises, including remodeling required to obtain any
new tenant, and then to any arrears of rent and future rent payable under this lease and any other damages to which lessor may be entitled
hereunder.
Any property which lessee leaves on the premises alter abandonment or expiration of the lease. or for more than ten days after any
termination of the lease by landlord, shall be deemed to have been abandoned, and lessor may remove and sell said property at public or
private sale as lessor sees fit, without being liable for any prosecution therefor or for damages by reason thereof, and the net proceeds of
said sale shall be applied toward the expenses of landlord and rent as aforesaid, and the balance of such amounts, if any, shall be held for
and paid to the lessee. •
HOLDING In the event the lessee for any reason shall hold over alter the expiration of this lease, such holding over shall not
OVER be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month to month
1 ' whic azi& tie " I t :'anya'tiaie:by the <1essor:i;• - K , ,.. - ,. - . • es:::-"', ' - • -- - • - . • -,. •'.•:."..— . .e?;. :
c.
ATTORNEY In case suit or action is instituted to enforce compliance with any of the terms, covenants or conditions of this lease,
FEES AND
COURT COSTS or to collect the rental which may become due hereunder, or any portion thereof, the losing party agrees to pay such
sum as the trial court may adjudge reasonable as attorney's fees to be allowed the prevailing party in such suit or
action and in the event any appeal is taken from any judgment or decree in such suit or action, the losing party
agrees to pay such further sum as the appellate court shall adjudge reasonable as prevailing party's attorney's lees on such appeal. The
lessee agrees to pay and discharge all lessor's costa and expenses, including lessor's reasonable attorney's fees that shall arise from en-
forcing any provision or covenants of this lease even though no suit or action is instituted.
WAIVER Any waiver by the lessor of any breach of any covenant herein contained to be kept and performed by the lessee shall
not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the lessor from declaring
a forfeiture for any succeeding breach, either of the same condition or covenant or otherwise.
NOTICES Any notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given,
shall be sufficient if in writing contained in a sealed envelope, deposited in the U. S. Registered Mails with postage
fully prepaid, and it intended for the lessor herein then it addressed to said lessor at ...-- 1_. 1 .04Q..S...--- t4_- ..ALLEN...BLV.II
BEAVERTON, OREGON 0 and if intended for the lessee, then it addressed to the
lessee at 11040 S. W‘ ALLEN - ..B.LVD.. ..BEAY 9 •
Any such notice shall be deemed conclusively to have been delivered to the addressee thereof forty -eight hours after the deposit thereof
in said Cl. S. Registered Mails.
HEIRS AND All rights, remedies and liabilities herein given to or Imposed upon either of the parties hereto shall extend to, Inure
ASSIGNS • to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so
far as this lease is assignable by the term hereof, to the assigns of such parties.
In construing this lease, it is understood that the lessor or the lessee may be more than one person; that it the content so requires,
the singular pronoun shall be taken to mean and Include the plural, the masculine, the feminine and the neuter, and that generally all •
gramatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals.
IN WITNESS WHEREOF, the respective parties have executed this instrument in duplicate on this, the
day a an d ye r ar first hereinabove written, any corporation signature being by authority of its Board of Directors.
DONAL /R. TOURANGEAU LE .. BRAD..YLEI. AND...ACCESSORY_.REP.S, ..INC_ - LESSEE
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DAIE:..... ..s .. . ez ................... _--. ......_._._..__..._... .... ...... ..DAIE :.. L-La -- Z /t 2 (1 77 - , l
•
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CITY OF TIGARD
MEMORANDUM
TO: Keith Liden, Senior Planner
FROM: Deborah Stuart, Asst. Planner
RE: Weis home occupation
DATE: August 29, 1989
Coy Humphries and I visited the Weis property located on SW 106th Avenue this
afternoon around 1:30 p.m. The following describes our observations as to the
condition of the property and the continued use of the property for a home
occupation. The permit has been revoked as of July 25, 1989.
The exterior of the property still has not been landscaped. Around the city
street periphery of the parcel stands a six foot high berm of dirt. Inside one
door to the warehouse /garage there appeared to be an office with a desk,
copying machine and display shelves containing small electronic merchandise.
The warehouse was about half full of merchandise. The sliding glass door
entrance to the home revealed yet more office space. Attached is a copy of a
new rental /lease agreement the Weis' have secured for the storage of their
goods.
Mrs. Weis expressed an interest in being allowed to still operate the office
portion of the business at the residence as well as continued shipping via
U.P.S. I told her that the City's position was that her permit had been revoked
but she could conceivably re -apply for a home occupation permit. I further
indicated that it would be up to you as to whether they could re- apply. She
indicated that there might be some letter from their attorney requesting the
same.
Could you please respond to her request or instruct staff as to how we should
proceed? Thanks.
OCTOBER 6, 1989 —42CLAIL
CITY OF TI6ARD
- MARVIN BOWEN, Attorney OREGON
Greenburg Plaza
11825 SW Greenburg Road
Tigard, OR. 97223
RE: CONVERSATION WITH JODY KNIGHT ON OCTOBER 3, 1989
Mr Bowen:
I spoke with Ms Knight on the above date. I was told the following information.
I asked if she and Mr Weis had removed all products and ceased operations. She
said they were told by you to continue as before. She said deliveries were
made to another storage area and broken down prior to being brought there for
distribution. She said you told them this eliminated the problem and did not
apply to the continued operation of their business.
I explained the letter from Keith Liden to Mr Weis stated no business was to be
conducted and all products were to be removed. She was surprised and said I
should take this up with you. She felt they had done nothing wrong in the
first place.
I am unable to contact Mr Liden as he is on vacation until OCTOBER 16th. I
have a copy of the JULY 25th letter to Mr Weis that revokes the home occupation
permit and instructs them to set up a schedule for removal of the products.
You were sent a copy. I have copies of letters from Mr Liden dated JULY 27th
and AUGUST 16th sent to you. In each letter the revoking of the permit is
upheld.
Please assist me in avoiding further misunderstandings. The issuance of
another Summons & Complaint will be undertaken unless the provisions of the
letter dated JULY 25th are complied with by OCTOBER 20th. At that time I will
inspect the property as required.
If you have further questions please contact Mr Liden on OCTOBER 16th. Thank
you for your attention to this matter.
Sincerely,
r HUMPHREY 431 /
Enforcement Offic
c: Brad Weis /Jody Knight
Ken Fox, City Attorney
Keith Liden, Senior Planner
Deborah Stuart, Planning Department
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
OCTOBER 6, 1989
-- / / �piylll �
CITY OF TIQARD
MARVIN BOWEN, Attorney OREGON
Greenburg Plaza .
11825 SW Greenburg Road
•
Tigard, OR. 97223
RE: CONVERSATION WITH JODY KNIGHT ON OCTOBER 3, 1989
Mr Bowen:
•
I spoke with Ms Knight on the above date. I was told the following information.
I asked if she - and Mr Weis had removed all products and ceased operations. She
said they were told by you to continue as before. She said deliveries were
made to another storage area and broken down prior to being brought there for
distribution. She said you told them this eliminated the problem and did not
apply to the continued operation of their business.
I explained the letter from Keith Liden to Mr Weis stated no business was to be
conducted and all products were to be removed. She was surprised and said I
should take this up with you. She felt they had done nothing wrong in the
first place. .
I am unable to contact Mr Liden as he is on vacation until OCTOBER 16th. I
have a copy of the JULY 25th letter to Mr Weis that revokes the home occupation
permit and instructs them to set up a schedule for removal of the products.
You were sent a copy. I have copies of letters from Mr Liden dated JULY 27th
and AUGUST 16th sent to you. In each letter the revoking of the permit is
upheld.
Please assist me in avoiding further misunderstandings. The issuance of
another Summons & Complaint will be undertaken unless the provisions of the
letter dated JULY 25th are complied with by OCTOBER 20th. At that time I will
inspect the property as required.
•
If you have further questions please contact Mr Liden on OCTOBER 16th. Thank
•
you for your attention to this matter.
Sincerely,
CO I. HUMPHREY
•i Enforcement Offic
c: Brad Weis /Jody Knight
Ken Fox, City Attorney
Keith Liden, Senior Planner
Deborah Stuart, Planning Department
13125 SW HaII Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
• • •
///vaildll� III Qi �,.� •
CITY OF TIGARD
Washington County, Oregon CITY OF TIGA RD
CIVIL INFRACTIONS SUMMONS OREGON
TO: BRAD WEIS & JODY KNIGHT Civil Infraction Hearing
Case No. 89 -312 -B
Accessory Reps,
Hearings Officer: ANTHONY PELAY, Jr.
• 11163 SW 106th
Date of Summons: OCTOBER 27, 1989
Tigard, OR. 97223_ -
You have been charged with the following infraction: Operating a home
occupation without obtaining required permit , a violation of Section *18.142.
010 (E) (Home Occupation Permit - Purpose) of Tigard Municipal Code *18.142
(Zoning Ordinance).
This is a Class 1 Infraction with a maximum possible civil penalty of
$250.00 per day the problem exists past the date to resolve.
A hearing has been scheduled for NOVEMBER 14, 1989, at 2:30pm, in the Town
Hall Room of the Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon
97223. The hearing will be held should you or your representative fail to
appear.
. You have the right to counsel at your own expense (please notify Court
Manager five (5) days prior to appearing with attorney), the right to bring
any witnesses or supporting documents, and the right to cross- examine adverse
witnesses. You have the right to compulsory process for the production of your
witnesses. If the Hearing Officer finds you guilty as indicated, you may be
charged witness fees, plus, the civil penalty or other hearing fees.
IMPORTANT NOTICE
This Summons, and enclosed Complaint, has been filed with the Civil
C Infraction Hearings Officer for the Tigard Municipal Court. Failure to comply
with instructions in this Summons could result in a default judgement entered
against you in favor of the City of Tigard. An unpaid Civil Infraction penalty
can result in a lien against the property on which this infraction occurred.
(CONTINUED ON REVERSE SIDE)
13125 SW Hall Blvd., P.O. Box 23397, -Tigard, Oregon 97223 (503) 639 -4171
PAGE #2
* * * * * * * * * * * * * * CHECK APPROPRIATE BOX * * * * * * * * * * * * * *
_ I DENY committing the infraction as charged. Your denial will be
considered a request for a hearing on the time and date indicated.
I ADMIT committing the infraction. If the violation noted herein is not
corrected immediately, the penalty will continue to accrue until resolved. If
you admit the infraction, you must return this form by mail or in person,
along with a check or money order, or cash (only if returned in person; do not
mail cash), in the amount of $250.00 (ONE DAYS VIOLATION PENALTY).
You must return this form with the stated penalty if you admit committing
the infraction:
In person: By mail:
Civil Infractions Hearings Officer Civil Infractions Hearings Officer
Tigard Civic Center Tigard Civic Center
13125 S.W. Hall Blvd. P.O. Box 23397
Tigard, Oregon 97223 Tigard, Oregon 97223
You must mail, or personally deliver, this completed form to the address
above within ten (10) days from the date of this summons.
coy /summons
CIVIL INFRACTION COMPLAINT CITY OF TIGARD
•
OREGON
STATE OF OREGON CIVIL INFRACTIONS -
County of Washington Case No._89 -312 -B
City of Tigard
The undersigned City of Tigard CODE ENFORCEMENT OFFICER/private citizen
certifies and says:
That on or about the.23rd day of OCTOBER, 1989, at approximately 11:O0am
NAME: BRAD WEIS & JODY ENIGHT (Accessory Reps, Inc.)
ADDRESS: 11163 SW 106th
Tigard, OR. 97223
City, State Zip Code
did unlawfully and in violation of Section #18.142.010(E) (Home Occupation
Permit - Purpose) of the Tigard Municipal Code COMMIT /PERMIT to be committed
the violation as follows:
•
Operated a home occupation without obtaining permits as required by Ord. #18.
142 (Zoning) in the City of Tigard, Oregon at or in the vicinity of 11163 SW
106th .
X I certify, under penalty provided by ordinance and state law, I have
reasonable grounds and do believe the above person (COMMITTED /PERMITTED
to be committed) the above violation.
(// /A rp OCTOBER 27, 1989
Signa" re of mplaj, ant Date Complaint Issued
CODE Rc EMENT OFFICER
COY R. HUMPHREY OCTOBER 27, 1989 _
Name of Person Signing this Complaint Date Complaint Filed with
(Please Print) Civil Infractions Hearings
Officer
coy /weis /knight
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
4 •
11 411 • ('1i i j H
(I
CITY OF TIGARD
Washington County, Oregon CITY OF TIFA RD
CIVIL INFRACTIONS SUMMONS O REGON
•
TO: BRAD WEIS & JODY KNIGHT - Civil Infraction Hearing
Case No. 89 -312 -B
Accessory Reps, Inc.
Hearings Officer: ANTHONY PELAY, Jr.
11163 SW 106th
Date of Summons: OCTOBER 27, 1989
Tigard, OR. 97223 -
You have been charged with the following infraction: Operating a home
odcupation without obtaining required permit , a violation of Section #18.142.
010 (E) (Home Occupation Permit - Purpose) of Tigard Municipal Code #18.142
(Zoning Ordinance).
This is a Class 1 Infraction with a maximum possible civil penalty of
$250.00 per day the problem exists past the date to resolve.
A hearing has been scheduled for NOVEMBER 14, 1989, at 2:30pm, in the Town
Hall Room of the Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon
97223. The hearing will be held should you or your representative fail to
appear.
You have the right to counsel at your own expense (please notify Court
Manager five (5) days prior to appearing with attorney), the right to bring
any witnesses or supporting documents, and the right to cross - examine adverse
witnesses. You have the right to compulsory process for the production of your
witnesses. If the Hearing Officer finds you guilty as indicated, you may be
charged witness fees, plus, the civil penalty or other hearing fees.
IMPORTANT NOTICE
This Summons,. and enclosed Complaint, has been filed with the Civil
Infraction Hearings Officer for the Tigard Municipal Court. Failure to comply
with instructions in this Summons could result in a default judgement entered
against you in favor of the City of Tigard. An unpaid Civil Infraction penalty
can result in a lien against the property on which this infraction occurred.
(CONTINUED ON REVERSE SIDE)
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
411 1
PAGE #2
* * * * * * * * * * * * * * CHECK APPROPRIATE BOX * * * * * * * * * * * * * *
_ I DENY committing the infraction as charged. Your denial will be
considered a request for a hearing on the time and date indicated.
I ADMIT committing the infraction. If the violation noted herein is not
corrected immediately, the penalty will continue to accrue until resolved. If
you admit the infraction, you must return this form by mail or in person,
along with a check or money order, or cash (only if returned in person; do not
mail cash), in the amount of $250.00 (ONE DAYS VIOLATION PENALTY).
You must return this form with the stated penalty if you admit committing
the infraction:
In person: By mail: -
Civil Infractions Hearings Officer Civil Infractions Hearings Officer
Tigard Civic Center Tigard Civic Center
13125 S.W. Hall Blvd. P.O. Box 23397
Tigard, Oregon 97223 Tigard, Oregon 97223
You must mail, or personally deliver, this completed form to the address
above within ten (10) days from the date of this summons.
coy /summons
•
• •
•
INFRACTION DINT CITY OF TIFA RD
OREGON •
•
STATE OF OREGON - CIVIL INFRACTIONS
_County of Washington Case No. =89 -312 -B
City of Tigard
The undersigned City of Tigard CODE ENFORCEMENT OFFICER/private citizen
certifies and says:
That on or about the 23rd day of OCTOBER, 1989, at approximately 11:00
NAME: BRAD WEIS & JODY KNIGHT (Accessory Reps, Inc.)
ADDRESS: 11163.SW 106th
Tigard, OR. 97223
City, State Zip Code
did unlawfully and in violation of Section #18.142.010(E) (Home Occupation
Permit - Purpose) of the Tigard Municipal Code COMMIT /PERMIT to be committed
the violation as follows:
Operated a home occupation without obtaining permits as required by Ord. #18_
142 (Zoning) in the City of Tigard, Oregon at or in the vicinity of 11163 SW
106th .
X I certify, under penalty provided by ordinance and state law, I have
reasonable grounds and do believe the above person (COMMITTED /PERMITTED
to be committed) the above violation.
/-d A i &. dt om OCTOBER 27, 1989
Signs /re of ompla ant / 1 Date Complaint Issued
CODE ''RCEMENT OFFICER
COY R. HUMPHREY OCTOBER 27, 1989
' Name of Person Signing this Complaint Date Complaint Filed with
(Please Print) Civil Infractions Hearings
•
Officer
coy /weis /knight
•
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
•
• 4111,
August 16, 1989
i
Mr. Marvin D. Bowen CITY OF TIGARD
Greenburg Plaza
11825 S.W. Greenburg Road OREGON
Tigard, OR 97223
RE: Home Occupation Permit (HOP 89 -14)
Dear Mr. Bowen:
I have reviewed your letter of August 9, 1989 regarding the above matter with
Coy Humphrey and Ken Fox. It appears that you misunderstand Condition No. 12.
of HOP 89 -14. Your interpretation of Condition No. 12. is erroneous for the
following reasons:
1. The condition describes the maximum size of truck permitted in terms of
number of axles (2) and gross vehicle weight (19,000 pounds). This
maximum vehicle weight is customarily posted on the exterior of a truck.
The condition says nothing of maximum size of the loads to be delivered,
as you suggest.
2. Coy Humphrey informed you and Mr. Weis that the 19,000 gross vehicle
weight coincides with a O.P.S. delivery van or similar vehicle. It was
made clear that the City expected to see vehicles no larger than this
size making deliveries.
Please be advised that the intends to enforce the Tigard Municipal Code
as indicated in my letter to Mr. Weis dated July 25, 1989. This decision for
revoking the Home Occupation Permit and the interpretation of the related
conditions may be appealed to the Planning Commission. This appeal must be
filed with the City Recorder and accompanied with a fee of $235.00. If you
and your client decide to pursue this option, the business operation must none
the less cease pursuant to my July 25, 1989 notice, until such time as the
Planning Commission or other appeal body orders otherwise. Any operation of
the business prior to Commission or appellate approval will constitute a Class
I Civil Infraction. You may contact Coy Humphrey or me if you have any
questions.
Sinc ely,
• ,/,‘1„
Keith S. Liden
Senior Planner
c: Ken Fox
Coy Humphrey
Brad Weis
kl /HOP89 -14
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
• 1
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURG PLAZA
11825 S. W. GREENBURG ROAD
TIGARD. OREGON 97223 (503) 620 -6565
August 9, 1989 imitp
AU G 1 4 1989
Mr. Keith S. Liden
CITY OF TIGARD
Senior Planner PLANNING DEPT.
City of Tigard
P. 0. Box 23397
Tigard, OR 97223
Re: Home Occupation Permit OP 89 -14
Dear Mr. Liden:
Apparently, on July 21, 1989, there was a delivery made to the
above - referenced home occupation permit address which incident was
different than that contained in my letter of July 26, 1989 to yourself.
Please find enclosed a copy of a letter dated August 4, 1989,
from Yellow Freight Systems, Inc.
The vehicle weight on the side of the truck may have indicated
a 30,000 pound gross weight which is the allowable weight by the Oregon
Department of Transportation.
However, item #12 of the home occupation permit allows 19,000
gross pounds. As you can see from the enclosed, Yellow Freight Systems,
Inc. letter dated August 4, 1989, the gross weight was less than 16,000
pounds. Also enclosed is a copy of the shipping bill which shows 3,218
pounds as the weight of the order, which supports the information
contained in the letter of August 4, 1989 from Yellow Freight Systems,
Inc.
Very truly yours,
V/C
, •V• D. BOWEN
MDB /cb
Enclosure
cc: Accessory Reps, Inc.
Mr. Coy Humphrey (w /encl.) - City of Tigard
, . •
$,1 ;
_
4:r _ YELLOW FREIGHT SYSTEM, INC.
• 10510 N. Vancouver 'Nay
Portland, Oregon 97217
August 4, 1989
Keith Liden
Senior Planner
P.O. Box 23397
Tigard, OR 97223
Dear Mr. Liden,
As information regarding the shipment that Yellow Freight System delivered to the
ecoton/Acccs3ory Reps, Inc. warehouse on July 21, 1989
(1) My driver made the delivery with a Roilins Leasing Co. rental truck
ii65840.
. -
(2) ApPrOximate4A4adeli 12,5001`
(3) Actuul gross weight of the shipment delivered was 32181.
(4) Total gross weight was 15,718/1
(5) This unit is typical of all straight truck.-type units used by Yellow
Freight with only a driving and a steering axle.
(6) Maximum GVW capacity of 30,00011 was not utilized by 14,28211.
Sincerely,
istOti(
Bill Koegle
City Operations Manager
BK:KS
i• Pt cw, rg T E 1 :4 IN,: • - •
1.656) P•IfOCI ;JS A
** TOTAL PAGE.002 **
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*VALID* • C F B T r t Q U I R Y - 07/30/89 1539 *VALID*
-i
OFIG ' SEQ DATE CLK . ' DEST CO CURR TRLR timiemaisms ____.„_,_... , C-D
A C ,
AC
0-....,.
QNS 266 07/13/89 • SMR,. Polt:3: • . 1. : ' 042269.-000 ' 492-614266 • .., 7 Gilt -
- ".'-'- '
-,.• - : ...••.,:•••=1: -4- ', ...A '-' -" ''-' • . •• •• , , ' • -... • : ',• .-.::. ...- - -4 4';4-
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•
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Ti74
SHIPPER • . ...
rZ ECOTON CORPORATION -: ...... • RECOTON WFISE 4
..,•,,,
46 23 CRANE STREET . •
• 11163 SW 106TH AVE.
...-
..,,,
LONG ISLAND CITY NY 11101 TIGARD OR 97223 •.,-,
A
mainumatais _ ...,..z,
ORIGIN CL INFORMATION AND ROUTING irilt1
ct.co
01165753001 . :4
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• ...A.
L / I 11101111 DESCRIPTION. CLASS 11/111111111111111 RATE EXINSN. ..?,,.
%..• ,
001 17 12 CTNS 5 PLTS IT 154660 PARTS MAIL 85 3218 4378 140384
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002 HOUSEHOLD APPL CL 85. _ . • • i•••
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fluids into: the sanit .;:? Wsr ra dr systems which are in : ; {
excess of what is normall eaciated with residential uses. " :
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t i .�, ,.. v isible f roc• the exterior shall . r o ' ,, ~ e�... .. s ,1 - - �' _ • e tis i e gF �� �'R •
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is requited. for thi'h see "- ., e,. 7 •. kv,. < ,ff
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`..7 11 The use shall' be required t0 prov and' maintain 'Off- atreet and
• maneuvering space for all deliveries'. The loading space shall have
•
.- sufficient area for turning and maneuvering of vehicles on the site and
:... not in the public right -of -way. • • .
12. Deliveries shall be,, limited' to vehicles which have no mot than two
'= axles ,and which weigh. ,n more 'than 19,000 (gross) pounds. . .',•' : • ^, ti r -1, .l. k :� . :'i•;;f' :.•a . x
• e r sw 's ant: • ;:4+r .t'w ?.::i i,, •iil� -,•:•: :..:r;t°� ' :7 a � .,'�'�"�k�5e:Ev;r. fqq �;Y:c
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it.: J ltll la i ' Per�f t anal:Y be renewed annnall: �, " Y � •..
14. A business tax shall be paid annually for the business. ,, •••
IF Amt OF TH8 PREC88131113 CONDITIONS ARE NOS! MET, THIS HOME OOC UPATIO E PERMIT
WILL BM IMMEDIATELY INVALIDATED AND CIVIL INFRACTION VIOLATIONS WILL BE .
ENFORCED BY THE CITY. '
NOTE: The above conditions have been imposed on the approval of this home
•
occupation to ensure the use is compatible with the residential uses in
the vicinity in accordaiice' with community mmun meut ity Develop Code
Section 18.142.055. The subject use has been in operation withaat City ', j
approval; the City has agreed not to cite the •Ltssiaess if the Kusinesa
•
owners can assure 100 percent :compliance!. with. all of the above
conditions. The City has concerns regardingi 1) the floor space
• devoted to the business; 2) Uniform Building and Fire Code requirements, '
and 3) the number of deliveries and how those deliveries are made. The
above conditions are reasonable to ensure that the use is compatible '
with the residential use ,, i 4 . : • vicinity. The applicant. ha s . a� treed' to..: :'.• : ". • y ' pe x "
t rio City' • in ia ! ; property as park: ot,.C,oroditi �=% ;: •�. ;% 'L :Y •
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July 27, 1989 /,q lu,q',�
CITY OF TIGA RD
Mr. Marvin D. Bowen OREGON
Greenburg Plaza
11825 S.W. Greenburg Road
Tigard, OR 97223
RE: Home Occupation Permit HOP 89 -14
Dear Mr. Bowen:
I am responding to the issues raised in your letter dated July 26, 1989
regarding the above case involving a home occupation located at 11163 S.W.
106th Avenue.
You indicate that I am harassing your client. The revocation of HOP 89 -14 is
merely an enforcement of the conditions of approval which were clearly stated
in the Home Occupation Permit.
The event involving a Consolidated Freightways truck and driver that you
describe in your letter is not the incident which caused the permit to be
revoked. A "Rollins" delivery truck with a gross weight of 30,000 pounds was
backed up to the garage door for the purpose of loading and /or unloading
material. Coy Humphrey, Code Enforcement Officer, observed this truck and took
pictures of its location. This was not a "bare assertion" registered by a
neighbor but was the result of a field check conducted by the City.
Your final assertion that my failure to attend a meeting (I assume you are
referring to one held on July 11, 1989) indicates that I have a "cavalier
attitude" and my absence has somehow caused the current problem. Due to a time
conflict I was unable to attend, but as you noted, the meeting was well
attended by City staff and legal counsel and the City position regarding Mr.
Weis' business was made abundantly clear. The conditions of the approval for
HOP 89 -14 provided official written verification of the City's expectations
relating to the operation of the business.
Please be advised that the City intends to enforce the Tigard Municipal Code as
indicated in my letter to Mr. Weis dated July 25, 1989. You may contact Coy
Humphrey or me if you have any questions.
Sincerely,
4/,&—
Keith S. Liden
Senior Planner
c: Ken Fox
Coy Humphrey
Brad Weis
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
• •
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURO PLAZA
11825 8. W. GREENBURG ROAD
TIGARD, OREGON 97223 (503) 620.6565
July 26, 1989
II rP r
JUL 27998 l Mr. Keith S iden �
Senior P), ner
City of /Tigard
P. 04/Box 23397
T�.ard, OR 97223
/ Re: Home Occupation Permit OP 89 -14
Dear Mr. Liden:
Please be advised that I am in receipt of a copy of your letter
dated July 25, 1989 regarding the above- refenced.
Your attempt to harass my client is not appreciated. My client
has been cooperative in attempting to resolve the permit issue and
believed that it had been resolved with a consensus by the City and the
applicant.
Your mere assertion, in your July 25, 1989 letter, that the
permit is revoked, based on some unfounded accusation, is not very
professional, nor in keeping, I am sure, with the direction other staff
ordinarily takes in matters affecting its citizenry.
The subject incident cited in your letter, was a person by the
name of Steve Knapp, who is a driver for Consolidated Freightways.
Mr. Knapp, whose home telephone number is 357 -4987, also does painting as
a part -time occupation outside his full -time employment as a driver for
Consolidated Freightways. On the date cited in your letter, Mr. Knapp
drove down the street, apparently turned around and came back and parked
in front of my client's home, and went in to give them an estimate to
paint the exterior of their house. He was not delivering or picking up
any goods of any type to or from my client's home. Once he submitted his
bid he got back into his truck and drove away. The truck never entered
the property of my client, nor did any parcels enter or leave the
property by way of Mr. Knapp or any other person at that time.
Apparently, a neighbor followed Mr. Knapp down to the main part
of the City of Tigard, stopped him, and challenged that he is not to be
making deliveries to that address with that type of vehicle. Mr. Knapp
advised the neighbor that he was not making deliveries but giving an
estimate for painting the exterior of the house.
(continued)
MARVIN D. BOWE• •
ATTORNEY AND COUNSELOR AT LAW Page Two
I would certainly appreciate, and so would my client, that any
bare assertions in the future by neighbors, be respectively forwarded to
my client for comment before you issue an unprofessional letter with an
alleged action.
Your letter of July 25, 1989 is in keeping with your cavalier
attitude in this permit issue. As you know, a scheduled meeting for
which you were the key participant regarding this issue, was attended by
the City attorney Mr. Fox, Deborah Stewart, Brad Roast, Coy Humphrey, my
client and myself. Although the meeting was set with your knowledge, and
you were in City Hall at the time of the meeting, you failed to attend
the meeting. The major purpose of the meeting could not be accomplished
because of your absence.
Very truly yours,
MA IN D. BOWEN
MDB /cb
cc: AAcessory Reps, Inc.
r. Ken Fox - Tigard City Attorney
EEEYYY Mr. Coy Humphrey - City of Tigard
• •
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURG PLAZA
11525 S. W. GREENBURG ROAD
TIGARD. OREGON 97223 (503) 620 -6565
July 26, 1989
Aggi-En
Mr. Keith S. Liden JUL 27 1989
Senior Planner
City of Tigard CITY OF f IGARD
P. O. Box 23397 PLANNING DEPT.
Tigard, OR 97223
Re: Home Occupation Permit OP 89 -14
Dear Mr. Liden:
Please be advised that I am in receipt of a copy of your letter
dated July 25, 1989 regarding the above - refenced.
Your attempt to harass my client is not appreciated. My client
has been cooperative in attempting to resolve the permit issue and
believed that it had been resolved with a consensus by the City and the
applicant.
Your mere assertion, in your July 25, 1989 letter, that the
permit is revoked, based on some unfounded accusation, is not very
professional, nor in keeping, I am sure, with the direction other staff
ordinarily takes in matters affecting its citizenry.
The subject incident cited in your letter, was a person by the
name of Steve Knapp, who is a driver for Consolidated Freightways.
Mr. Knapp, whose home telephone number is 357 -4987, also does painting as
a part -time occupation outside his full -time employment as a driver for
Consolidated Freightways. On the date cited in your letter, Mr. Knapp
drove down the street, apparently turned around and came back and parked
in front of my client's home, and went in to give them an estimate to
paint the exterior of their house. He was not delivering or picking up
any goods of any type to or from my client's home. Once he submitted his
bid he got back into his truck and drove away. The truck never entered
the property of my client, nor did any parcels enter or leave the
property by way of Mr. Knapp or any other person at that time.
Apparently, a neighbor followed Mr. Knapp down to the main part
of the City of Tigard, stopped him, and challenged that he is not to be
making deliveries to that address with that type of vehicle. Mr. Knapp
advised the neighbor that he was not making deliveries but giving an
estimate for painting the exterior of the house.
(continued)
• •
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW Page Two
I would certainly appreciate, and so would my client, that any
bare assertions in the future by neighbors, be respectively forwarded to
my client for comment before you issue an unprofessional letter with an
alleged action.
Your letter of July 25, 1989 is in keeping with your cavalier
attitude in this permit issue. As you know, a scheduled meeting for
which you were the key participant regarding this issue, was attended by
the City attorney Mr. Fox, Deborah Stewart, Brad Roast, Coy Humphrey, my
client and myself. Although the meeting was set with your knowledge, and
you were in City Hall at the time of the meeting, you failed to attend
the meeting. The major purpose of the meeting could not be accomplished
because of your absence.
Very truly yours,
g/tOda46
MA•'IN D. BOWEN
MDB /cb
cc: Accessory Reps, Inc.
Mr. Ken Fox - Tigard City Attorney
Mr. Coy Humphrey - City of Tigard
• •
July 25, 1989
CITY OF TIGARD
OREGON
Mr. Brad Weis
11163 S.W. ` �� a Street
Tigard, OR 97223
RE: Home Occupation Permit OP 89 -14
Dear Mr. Weis:
Following enforcement action by the City for operating a home occupation
without a permit and payment of a business tax, a Home Occupation Permit (HOP
89 -14) was issued on June 23, 1989 and became effective on July 3, 1989.
Condition 12. of this permit stated "[d]eliveries shall be limited to vehicles
which have no more than two axles and which weigh no more than 19,000 (gross)
pounds ". The approval went on to emphasize that any violation of the
conditions would lead to immediate invalidation of the permit and to
enforcement action.
On July 21, 1989 at 11:00 AM, a delivery truck, with a 30,000 pound gross
weight, was observed on your property. This constitutes a clear violation of
londition 12.. As a result, Home Occupation Permit HOP 89 -14 is hereby REVOKED
and the operation of your business must cease immediately.
This Department will allow you to establish a schedule for removing the
inventory from the property within a period not to exceed 30 days from the
receipt of this letter. Other than the removal of this material from the
house, the conduct of any business activity will constitute a Class I Civil
Infraction which includes a maximum penalty of $250.00 per day of violation.
No further deliveries shall be permitted. After the 30 day period has passed,
the presence of any aspect of the business shall also represent a Class I
violation of City Code.
Please contact Coy Humphrey to arrange a schedule for removing the inventory.
Sincerely,
7V
Keith S. Liden
Senior Planner �/ 1 /r�
-i Y n' V
c: Ken Fox � 1
Marvin Bowen /) � r611
Coy Humphrey
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
• i
APO,
July 25, 1989
CITY OF TIGARD
OREGON
Mr. Brad Weis
1163 S.W. North Dakota Street
Tigard, OR 97223
RE: Home Occupation Permit OP 89 -14
Dear Mr. Weis:
Following enforcement action by the City for operating a home occupation
without a permit and payment of a business tax, a Home Occupation Permit (HOP
89 -14) was issued on June 23, 1989 and became effective on July 3, 1989.
Condition 12. of this permit stated "[d]eliveries shall be limited to vehicles
which have no more than two axles and which weigh no more than 19,000 (gross)
pounds ". The approval went on to emphasize that any violation of the
conditions would lead to immediate invalidation of the permit and to
enforcement action.
On July 21, 1989 at 11:00 AM, a delivery truck, with a 30,000 pound gross
weight, was observed on your property. This constitutes a clear violation of
Condition 12.. As a result, Home Occupation Permit HOP 89 -14 is hereby REVOKED
and the operation of your business must cease immediately.
This Department will allow you to establish a schedule for removing the
inventory from the property within a period not to exceed 30 days from the
receipt of this letter. Other than the removal of this material from the
house, the conduct of any business activity will constitute a Class I Civil
Infraction which includes a maximum penalty of $250.00 per day of violation.
No further deliveries shall be permitted. After the 30 day period has passed,
the presence of any aspect of the business shall also represent a Class I
violation of City Code.
Please contact Coy Humphrey to arrange a schedule for removing the inventory.
Sincerely,
Keith S. Liden
Senior Planner
c: Ken Fox
Marvin Bowen
Coy Humphrey
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
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• •
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURG PLAZA
11825 S. W. GREENBURG ROAD
TIGARD. OREGON 97223 (503) 620 -6565
June 15, 1989
Mr. Keith Liden, Senior Planner
City of Tigard
P. O. Box 23397
Tigard, OR 97223
Re: Weis, Knight /Home Occupancy Permit
Dear Keith:
Please find enclosed a revised floor plan for the home occupancy
permit. The new floor plan allows for the use of 1170 sq. ft. of the
calculable area, which is less than allowed by the Code, 1192 sq. ft.
Also, please find enclosed a form of consent which we discussed
this morning on the telephone.
The walkway shown on the enclosed floor plan will have painted
lines to identify the defined area, from the shelving to the exterior
entrance of the house.
As I discussed with you on the telephone, if it is absolutely
necessary, a wall can be constructed along the edge of the defined space
to fully enclose it from the rest of the home. If this is not necessary,
my client would like to avoid the expense of doing it.
It seems to me that if the City can inspect the premises at any
time during regular business hours, without notice, for compliance with
the permit, that should assure that the home will never be used for
business purposes other than identified in the enclosed drawing.
As we discussed, this matter is set for hearing for Tuesday, and
you will get back to me Friday morning, June 16, 1989, to see if this can
be resolved in accordance with this letter.
Very truly yours,
MA' I D. BOWEN
MDB /cb
Enclosures
cc: Brad Weis
Joan Knight
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• •
AGREEMENT FOR CONSENT TO INSPECT FOR COMPLIANCE
WITH HOME OCCUPATION PERMIT
We, BRAD WEIS and JOAN KNIGHT, being the owners of the real
property known as 11163 S.W. 106th, Tigard, Oregon, hereby consent to the
following:
1. That at all times when a home occupation permit is in force
and effect that may have been granted by the City of Tigard under its
ordinances, we will allow the inspection of the improvements to the
property at 11163 S.W. 106th, Tigard, Oregon, for compliance with the
ordinances and the home occupation permit as issued for such address.
2. The City of Tigard, its agents or employees, do not need to
give any notice prior to inspection, but must be admitted to inspect upon
City of Tigard, its agents or employees' request.
3. This consent is for all normal business hours between 8:00
a.m. and 5:00 p.m. Monday thru Friday, nationally recognized holidays
excepted.
4. The City of Tigard, its agents or employees, need not give
any previous notice and must be admitted upon their request to the
address stated in this consent, at the time requested.
5. If the City of Tigard, its agents or employees, are not
allowed access upon their request according to the terms of this consent,
we hereby stipulate and agree that we are in violation of the home
occupation permit that may be in existence at that time and the City of
Tigard may seek whatever sanctions are allowed by its ordinances for
revocation of the permit for noncompliance.
6. Each of us understands that this is a material term and
condition of the granting of the home occupation permit and our failure
to comply totally with this consent are grounds for immediate revocation
of the permit without a hearing.
7. We hereby voluntarily enter into this consent and have
sought the advice of legal counsel before so agreeing to this consent.
8. This consent is not revocable by ourselves, or either one
of us, and shall exist so long as we have a home occupation permit with
the City of Tigard for 11163 S.W. 106th, Tigard, Oregon.
9. This consent is hereby deemed to be in full force and
effect by its own terms and conditions upon any and all renewals of the
home occupation permit.
DATED: This day of June, 1989.
Brad Weis Joan Knight
SUBSCRIBED AND SWORN TO before me this day of June, 1989.
Notary Public for Oregon
My Commission Expires:
1 . , NGENT t GREEm NT
CITY TIGARD BUSINESS .TAX
PLEASE COMPLETE THIS FORM AND RETURN WITH YOUR PAYMENT.
•
BUSINESS NAME
BUSINESS ADDRESS BUSINESS MAILING ADDRESS
CITY, STATE, ZIP CITY, STATE, ZIP
BUSINESS PHONE # FIRST DATE OF OPERATION AT THIS LOCATION
# FULL —TIME EQUIVALENT EMPLOYEES —Full —time equivalent employee is defined as the total
number of hours worked by all employees working within the City of Tigard divided by
2,080 hours equals the number of full —time employees. For the purpose of computing the
fee schedule of Tigard's Business Tax, the term employee includes the owner (as in
duplexes and apartments) as well as his /her spouse if also engaged in the business.
NOTE: SOLICITATION OR "DOOR —TO —DOOR" SALES IN RESIDENTIAL AREAS IS PROHIBITED WITHIN
THE CITY LIMITS OF TIGARD.
NOTE: A BUSINESS TAX RECEIPT DOES NOT IMPLY CITY APPROVAL OR ENDORSEMENT TO OPERATE THE
BUSINESS OR THE LOCATION OF THE BUSINESS. IF YOU ARE DOING BUSINESS OUT OF YOUR
HOME OR BUSINESS OF A TEMPORARY NATURE CALL THE PLANNING DEPARTMENT.
OWNER CONTACT PERSON (IF DIFFERENT)
OWNER'S PHONE # (IF DESIRED) CONTACT PERSON PHONE #
DESCRIPTION OF TYPE OF BUSINESS
CONTRACTOR: You must show proof of Oregon State Contractor's license #
IF TAX EXEMPT, PLEASE SUBMIT DOCUMENTATION
I certify the information on this information sheet is true and correct.
SIGNATURE OF OWNER OR AUTHORIZED REPRESENTATIVE DATE
PRINT NAME (AND TITLE
OFFICE USE ONLY
RECEIPT #
TAX EXEMPT STATUS APPROVAL DATE:
AMOUNT: $
ZONING:
SCHEDULE
CITY OF TIGARD, PO BOX 23397, TIGARD, OREGON 9722.3 — — — 639 -4171
(2872P/0028P)
• 1
MEMORANDUM -
TO: Deborah Stuart, Assistant Planner
FROM: Keith Liden, Senior Planner
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 rooms or 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 use 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 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.
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• •
CITY OF TIGARD
MEMORANDUM
TO: Keith Liden, Senior Planner
FROM: Deborah Stuart, Assistant Planner
RE: Calculation of Home Occupancy
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?
• •
May 1, 1989
Mr. and Mrs. C.L. Weis
11163 SW 106th Avenue
Tigard, OR 97223
RE; Case No. 89 -174 -B
Dear Mr. and Mrs. Weis:
We are writing to inform you that the City of Tigard will be withholding
approval of your home occupation permit until it has been determined by City
staff that your business and residence are in full compliance with City home
occupation and Uniform Building.Code regulations.
A field visit conducted by City staff made apparent several discrepancies
between what was indicated on your home occupation and building permit
applications and what is actually occurring at your residence. The following
observations were made by staff pertaining to your home occupation:
1. Three shelves and not one are being used for an minimum low
estimate of 1992 square feet of floor space (42% of the total gross
floor area);
2. Additional space on the warehouse floor and possibly on an
additional set of shelves and office area boosts the total floor
area used for the business much higher; and
3. The home occupation ordinance restricts the use of a residence for
business purposes to no more than 25 percent of the combined gross
floor area of the "garage" and residence or no more than 500 square
feet total for the business. Since Deborah did not quote you the
500 square foot figure, the City will be satisfied with a 25
percent ceiling on gross area devoted to business usage.
4. Therefore, the gross floor area in use for business purposes needs
to be reduced to no more than 25 percent of the combined gross
floor area of the "garage" and residence, which staff estimates to
be 1191.5 square feet.
The Building Division has issued building permits for the construction of a
garage and storage area as related to a residential structure. They recently
learned that you are using most of the garage for business purposes. This
change in use of the building will require that the structure be constructed
as required for a commercial building. If you are to continue to use more than
10 percent of the garage floor area for business purposes, the following will
also be required:
•
4 10
1. Three sets of plans showing the exact layout of the business area,
exit doors, the adjacent residence and the proposed construction
of the firewalls shall be submitted for review and approval (submit
plans prior to commencing work);
2. The north and west walls of the building must be of One Hour fire
resistive construction (this requires one layer of 5/8 inch type
"X" gypsum wallboard installed on the inside face of the walls and
one layer of 1/2 inch gypsum sheathing installed on the outside of
the wall under the siding;
3. The north firewall must extend a minimum of 30 inches above the
roof line;
4. The garage /storage building must be separated from the residence
by a full One Hour Occupancy separation (this requires that all
walls common with the residence have one layer of 5/8 inch type "X"
gypsum wallboard on each side of the wall from foundation to roof
deck. All doors in the wall must be One Hour Rated firedoors,
including frames. All other openings shall be protected by approved
fire dampers; and
5. A minimum of one 2A -10BC fire extinguisher shall be provided in the
garage.
The above- mentioned deficiencies are in violation of Tigard's Community
Development Code, Chapter 18.142, Section 18.142.050(a)(2) and (3),
Approval Criteria for Home Occupations, and the Uniform Building Code
Section 502.
We have instructed the City's Code Enforcement Officer, Coy Humphries,
to postpone the first summons and citation action sent to you because
you did, in good faith, submit for a home occupation permit. Coy is
requesting that the judgeset over the hearing to June 13, 1989.
However, if the above problems are not corrected by 3 p.m., May 31,
1989, the City will instigate civil infractions proceedings against
you.
Sincerely,
Deborah A. Stuart
Assistant Planner and
Brad Roast
Building Official
• •
, - s
PLEASE COMPLETE THIS FORM AND RETURN WITH YOUR PAYMENT. ,f '
Accessory Reps, Inc.
BUSINESS NAME
11163 S.W. 106th same
BUSINESS ADDRESS BUSINESS MAILING ADDRESS
Tigard, OR 97223 same
CITY, STATE, ZIP CITY, STATE, 7_IP
684 - 6562 February 1, 1989
BUSINESS PHONE # FIRST DATE OF OPERATION AT THIS LOCATION
# FULL -TIME EQUIVALENT EMPLOYEES —Full -time equivalent employee is defined as the total
number of hours worked by all employees working within the City of Tigard divided by
2,080 hours equals the number of full -time employees. For the purpose of computing the
fee schedule of Tigard's Business Tax, the term employee includes the owner (as in
duplexes and apartments) as well as his /her spouse if also engaged in the business.
NOTE: SOLICITATION OR "DOOR -TO- DOOR" SALES IN RESIDENTIAL AREAS IS PROHIBITED WITHIN
THE CITY LIMITS OF TIGARD.
NOTE: A BUSINESS TAX RECEIPT DOES NOT IMPLY CITY APPROVAL OR ENDORSEMENT TO OPERATE THE
BUSINESS OR THE LOCATION OF THE BUSINESS. IF YOU ARE DOING BUSINESS OUT OF YOUR
HOME OR BUSINESS OF A TEMPORARY NATURE CALL THE PLANNING DEPARTMENT.
AC) •: •EPS, INC.
!' 4 Brad Weis
OW President CONTACT PERSON (IF DIFFERENT)
684 -6562
OWNER'S PHONE # (IF DESIRED) CONTACT PERSON PHONE #
DESCRIPTION OF TYPE OF BUSINESS
Wholesale of electronic /stereo accessories.
CONTRACTOR: You must show proof of Oregon State Contractor's license #
IF TAX EXEMPT, PLEASE SUBMIT DOCUMENTATION
I certify the information on this information sheet is true and correct.
AC E RY,. REPS, INC.
- President March 24, 1989
SI OF OWNER OR AUTHORIZED REPRESENTATIVE DATE
Brad Weis - President
PRINT NAME AND TITLE
OFFICE USE ONLY
RECEIPT # /43;/
TAX EXEMPT STATUS APPROVAL
AMOUNT:
ZONING: -
SCHEDULE
CITY OF TIGARD, PO BOX 23397, TIGARD, OREGON 97223 - - - 639 -4171
(2872P/0028P)
• • ILZNG •
AFFIDAVIT OF MA
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, &V e I\Au lkea -v\_. , being first duly sworn /affirm, on oath
depose and say: (Please Print)
That I am a A (D \Ck A S I- for
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING for:
That I served NOTICE OF DECISION for:
✓City of Tigard Planning Director
Tigard Planning Commission
. Tigard Hearings Officer
T igard 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 - 27A- 4- day of ,..JCS— 19 'V .
said notice NOTICE OF DECISION as ereto attached, was posted on an
appropriate bulletin board on the 74- of \� f J •
1919M; and deposited in the United States Mail on the 7.--" day of
19 41 , postage prepaid. .
•
6/71A KULLL-
67V1AA:Le- -IVUJI 4Arp-_.
Signature .r Person who posted on Bulletin Board
��lt (For Decision Only)_
Person who delivered to POST FICE
•
I . Subscribed and sworn /affirm to before me on the c7 day of
OU /1 O
cue X 01 A y o
v :.
° a
e 7
r
a )r. o PUB o ,z •
0
~ /��' rT PUBLIC OF OREGON �
NOT
My Commission Expires: a - r S -9 J
0257P/0006P
"SUSAN D. aHAY 300 GJVV X V KN ( g
11180 SW 106TH AVE ALBERT & BLANCHE PATECKY
TIGARD, OR 97223 41010600 NORTH DAKOTA •
TIGARD, OR 97223
VICKI J. MEYERS 302 [-VP f
11190 SW 106TH AVE
TIGARD, OR 97223 /Luee5 5(7\1 gam, t,
400
DENNIS & PAMELA WITHROW JAMES BOYLAN
4850 NW SALISHAN DR 11844 SW MORNING HILL DR
PORTLAND, OR 97223 TIGARD, OR 97223
500
ALFRED & HELEN GUNDERSON
c /oJOHN & CARMAN GUNDERSON
17203 JACINTO DR
BEND, OR 97702
600
RICHARD & KATHLEEN WOOTEN
11090 SW 106TH AVE C.L. & JOAN WEIS
TIGARD, OR 97223 11163 SW 106TH AVE
TIGARD, OR 97223
700
CHARLES F. TAYLOR
c/o RICHARD & WENDY ST. CLAIR
11060 SW 106TH AVE
TIGARD, OR 97223
1500
WESLEY & KATHLEEN NORBO
11125 SW 106TH AVE
TIGARD, OR 97223
1600
LANVEST, INC.
c/o C.L. WEIS & JOAN KNIGHT
11125 SW 106TH AVE
TIGARD, OR 97223
1700
KAY & BESSIE LIVINGSTON
c/o RICHARD & JACKIE STEDMAN
10970 SW NORTH DAKOTA
TIGARD, OR 97223
2600
WAYNE & YVONNE LARSON
10730 SW NORTH DAKOTA
TIGARD, OR 97223
2700 2800
MICHAEL J. BERCUTT
RICHARD & CHRISTINE BOBERG
L0660 NORTH DAKOTA
PIGARD, OR 97223
r
° 88 -54238
STATUTE
SPECIAL WARRA Washington County
• IY DEED
a OREGON TITLE
INSURANCE COMPANY (Individual or Corporation)
1
* * ** LANDVEST, INC., an Oregon Corporation * * **
Grantor,
conveys and specially warrants to * * * *C.L. (BRAD) WEIS, a single person and JOAN M. KNIGHT,
a single person. not as tenants in common but with rights of survivorship, * *l4cantee,
the following described real property in the County of Washington and State of Oregon,
free of encumbrances created or suffered by the grantor except as specifically set forth herein:
PLEASE SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT
THIS DEED IS GIVEN IN FULFILLMENT OF THAT CERTAIN CONTRACT RECORDED JUNE 21, 1988,
AS RECORDERS FEE NUMBER 88 - 26589, BETWEEN THE ABOVE NAMED PARTIES.
•
This property is free of liens and encumbrances, EXCEPT: 1. Statutory powers and assessments of the Unified
Sewerage Agency. 2. The rights of the public in and to that portion of the premises herein
described lying within the limits of S.W. North Dakota Street.
•
The true consideration for this conveyance is $ $64,500.00 (Here comply with the requirements of ORS 93.030•).
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF AP-
PLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON AC-
QUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES.
DATED this 30 day of NnvembPr 19 R8 . If a corporate grantor, it has caused its name to be signed by resolu-
tion of its board of directors.
,LANDV S..
ICHAEL C. HALSETH, President
7
Number: 356043 W
Legal Description
EXHIBIT "A"
A parcel of land in the Northeast one - quarter of the
Southeast one - quarter of Section 34, Township 1 South,"Range
1 West, Willamette Meridian, in the County of Washington and
State of Oregon, described as follows:
Beginning at the Southwest corner of the Clifford 0.
Gunderson tract as described in deed recorded in Book 383,
PageA742, said point of beginning also being on the North
line of the John L. Hicklin Donation Land Claim and in the
centerline of S.W. North Dakota Avenue North 89° 45' West
602.5 feet and South 0° 33" West 528.9 feet from the
Northeast corner of the Southeast one - quarter of Section 34;
thence North 0° 33' East, along the West line of the said
Gunderson tract, 150.0 feet; thence South 89° East, parallel
to the said North line of the Hicklin Donation Land Claim,
134.3 feet to a point on the West line of that certain tract
of land conveyed to Chester L. Robinsion, et al, by deed
recorded in Book 471, Page 385; thence South 0° 33' West,
along the West line of said Robinson tract, 150.0 feet to the
Southwest corner thereof, said Southwest corner•also being on
the North line of the said Hicklin Donation Land Claim;
thence North 89° West, 134.3 feet to the point of beginning.
Subject to the interest of the public created by instrument
recorded February 25, 1981, Recorder's Fee No. 81006630.
STATE OF OREGON SS
• County of Washington
1, Do na l d W Ma os j�Duectgr of Asment
and Taxatio ;�Ex -01iiciolc�gc4rfier sses of Con
veyances t' nsaid�c0, 10 09 efebcertify that
the withi �opumentyof ��wging Ewa ; received
and recorded din.
k =of :reC d o �sai , ount
`` Drector of
,DQnald W k S
�`A ��� fixation, x
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Doc : 88054238
Rect: 359 16.00
12/06/1988 10:35 :49AM
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