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HOP1993-00097 • • e, 1:As,„ CITY OF TIGARD TYPE I OREGON HOME OCCUPATION APPROVAL // r iN�4 Nci-4L Business Name: /4 f 1( .()oOD c 4../2-3 File No.: ih( Q V 004 7 Name of Applicant: ,i.-.1PU,R1 Im+02-6- 1b2 Property Address: (blko sAj :eu) iN6- T, ,rSL . () 2 en L2 3 Tax Map: AgEmEn °S / C1 XQt No.: 4200 Zone: A '1.3' EFFECTIVE DATE: ' 4 " of Business: Df.)w yE� da2r LOU). a* Q ro cd dA� — a ci-,M. --fir N• I�x..b.o . aA (Oa) a/0 P ' a,, ,Q 4- 0. - o..,.a. �, ;� 1".5 ,r MA0ag,!.N The above Home Occupation is subject to the following conditions: c 1) Home occupations may be undertaken only by the principal occupant (s) of 5'L-UIC'L a residential property; • 2) There shall be no more than three deliveries per week to the residence by suppliers; 3) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of TDC Chapter 18.090 (Environmental Performance Standards); 4) The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and /or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building,fire,health and housing codes; 5) A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling units. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 18.144 of this title; 6) More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit, if required per this chapter, and each shall also have separate Business Tax Certificates; • 7) There shall be no storage and /or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgement of the Fire Marshall pose a dangerous risk to the residence, its occupants, and /or surrounding properties. Those individuals which are engaged in home occupations shall make available to the fire marshall for review the Material Safety Data 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • Sheets which pertain to all potentially toxic and /or flammable materials associated with the use; 8) No home occupation shall require any on or off - street parking other than }' that normally required for a residence; i 9) The following uses are not allowed as home occupations: a) Auto -body repair and painting b) Ongoing mechanical repair conducted outside of an entirely enclosed building c) Junk and salvage operations d) Storage and /or sale of fireworks 10) There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more that three - quarters ton GVW may be parked outside of a structure or screened area. According to Tigard Development Code Chapter 18.142.050 a Type I home occupation shall exhibit no evidence that a business is being conducted from the premises. Type I home occupation shall not permit: 1) Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; • 2) Exterior signage which identifies the property as a business location; 3) Clients or Customers to visit the premises for any reason; 4) exterior storage of materials; I hereby certify that I have read and understand the above conditions and standards as they apply to home occupations. I acknowledge that this home occupation approval may be revoked if the above conditions have not or are being complied with and the home occupation is otherwise being conducted in a manner contrary to the home occupation chapter of the Tigard Development Code Chapter 18.142. A home occupation revoked due to violation of the home occupation requirement cannot be renewed for a minimum period of one year (18.142.090). 4 t om ✓. • . ..Z; , ,i ,,• R • APPL 1/ DATE 4 /. A,0/ aL,o b ' O i,D(,N.U, ' -q APPROVED BY DATE 4111 3. List any variance or other land use actions to be considered as part of this application: • 4. Applicants: To have a complete application you will need to submit attachments described below: A. One application form with signature or written authorization 7 B. One copy of the title transfer instrument (eg. deed) eoP� C. One copy each of the attached question sheet and floor plan D. Filing fee: Type I - $10 Type II - $50 5. THE APPLICANTS) SHALL CERTIFY THAT: A., The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C.., All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the • policies and criteria, and understands the requirements for approving or denying the application. DATED this lS Z . day of Sep, , 19 9 SIGNATURES of each owner (eg. husband and wife) of the subject property. a.-/P1 , f 147 1, , eY-1 . ? 1 lAt//10/ 40412.1,-40-aar.Le.„ Mail )( IrAI) 0 MO Revised 11/21/91 ,. City of Tigard, Oregon FOR STAFF USE ONLY • HOME OCCUPATION APPLICATION CASE NO. CITY OF TIGARD, 13125 SW Hall, PO Box 23397 OTHER CASE NO'S: Tigard, Oregon 97223 - (503) 639 -4171 RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION TAO S) `Freut.1•►►•5 (A) Application form (1) (B) Owner's signature /written TAX MAP AND TAX LOT NO. a 5 I oa C.D DDaoo authorization (C) Title transfer instrument (1) SITE SIZE /c (D) Plot plan (1 copy) PROPERTY OWNER/DEED HOLDER* INK* }Illar$Afet �ti ScloieA) (E) Applicant's statement (1 copy) ADDRESS 113%0 .Sw R 9 Gecrve_ . ):.r. PHONE tap -6a85 (F) Filing Fee $10 - Type I CITY K1k)% ( t\- y ZIP e (�aa4 b�� Filing Fee $50 - Type II APPLICANT' /1/4 /Am i mzAkok • ADDRESS `MD SW fro w i.1% a PHONE ( -05 CITY -- c c x 'c nR ZIP `k7 aa3 DATE DETERMINED TO BE COMPLETE: BUSINESS NAME - RLIRELWbOD F►MPtn►c ►AL Z.e.,rJ►cc'.S *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in FINAL DECISION DEADLINE: posses_sion with written authorization 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 COMP. PLAN/ZONE DESIGNATION: or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property N.P.O. Number: request approval of a home occupation to allow (be specific) 4AU2,1 JVl iwzikolz 'fa 0-016c+ fats .c propi.rt% "reot■aah •Co co to ALA.ct Planning Director Approval Date: Vver IAN Gnitec+ btjsiwess cl.ct oV her ha vke_ (eu reu1- keac,,z ►N a 't cc.ees f I T d Business Tax: 3. Specify whether you are using a detached building on your property and give dimensions: 1fR • FORM No_974_LEASE AND OPTION AGREEMENT—Residential Dwelling Unit- 1Onyonl. COPYRIGHT 1993 STEVENS-NESS LAW PUBLISHING CO., PORTLAND, OR 97504 ' NA 9 THIS AGREEMENT, Made and entered into this 9th of Ap , 19.9.3.._., by and between F. RANG. IS_ ._and...MARGAR_ET. • hereinafter called the first party (whether singular or plural), and DOUGLAS. And L?iURI MINZGNOR , hereinafter called the second party, WITNESSETH: In consideration of the covenants herein contained to be kept and performed by second party, first party does hereby lease, demise and let unto the said second party the following described premises situated in the City of TISrARD , County of WASHINGTON , Oregon, to -wit: J " eg 4 . t�.t A " 4f- / ..-c-4.;I. known as 964Q_..SW_..Frewi. nag.,._..Apt...#2.,.#3. -&..U- peer ...&...LOwer_.._Duplex...for a term beginning April 10th , 19 93 , and ending at midnight on April--- I -Qth, , 19.94...., at and for a rental of $....2.500 per •- month during said term, payable in advance in lawful money of the United States to the order of the first party at the following address LI IV c Jw x 4' J r D ' 4' i e t t. , C l2 Q71-7'1- -262_, , as follows: Monthly lease amount to be paid on or before the (Oth of each month. Leasee has rights and responsibilities to manage, maintain, upgrade and improve property and to apply for Title I funding for Property Improvements to assist in funding these rights and responsibilities. Down payment credit will consist of $10,000 to modify Triplex property to Duplex by incorparting Apt. #1 into Apt. #2. • Leasee may exercise option at any time without penalty. The respective parties hereto agree to the following terms and conditions: (a) At the beginning of this lease, the said premises shall be equipped at first party's expense with electric wiring and plumbing facilities capable of producing hot and cold running water and adequate heating facilities. (b) The second party expressly agrees to pay said rents at the times and place aforesaid; to use said premises for residential purposes and no other purpose without first party's consent; to make no unlawful or offensive use of said premises; not to suffer or permit any waste or strip thereof; not to make any alterations or improvements upon said premises or assign this lease or sublet said premises or any part thereof, or permit any other person to occupy the same without first party's written consent first obtained; to comply with all laws, ordinances and regulations of any public authority respecting the use of said premises; promptly to pay for all heat, light, water, power and other services or utilities (including garbage disposal) used on said premises; to keep said premises, including all exposed plumbing, heating equipment and apparatus at all times in good repair and to pay for all repairs on said I premises during the term of this lease except those which the first party hereinafter specifically agrees to make; to keep the roof of the building on and the sidewalks surrounding said premises free of snow, ice, rubbish and debris during the term hereof; not to commit, permit or create any nuisance on said premises; promptly to replace all glass which may be broken, cracked or damaged ' in the windows and doors of said premises with glass of as good or better quality than that now in use; to permit entry to the premises to those persons, at such times, for such purposes and upon such notices as set forth under ORS 90.335; to keep said premises free of all mechanic's liens and upon the expiration of said term, or any termination hereof, to quit and deliver up said premises and all future additions to the same, broom - clean, to the first party, peaceably, quietly and in as good order and condition, reasonable use and wear thereof, damage by fire and elements alone excepted, as the same are now in. During the term of this lease the first party agrees to maintain the exterior walls, gutters, downspouts, unexposed plumbing and foundations of the building on said premises and the sidewalks thereabout in good order and repair; provided, however, that all sums expended by the first party for said purposes shall be reported to the second party in writing within thirty days after each expenditure is made. (c) In the event of the destruction of the building on said premises from any cause, either party may terminate this lease after ten days written notice of the other, effective as of the date of said destruction; provided, however, that if the damage to said building is more than...L..rrt per cent of its sound value, the first party may or may not elect to restore said building; written notice of first party's said election shall be given the second party within fifteen days after the occurrence of said dam- age; if such notice is not so given, the first party conclusively shall be deemed to have elected not to restore the building, and • the second party forthwith may terminate this lease as of the date of said damage. If the damage to said building does not amount to the extent last indicated, or if the first party elects to restore said building as aforesaid, then the first party shall repair said • building with all convenient speed and during said repairs there shall be such an abatement of rent as the nature of the damage and its interference with the occupancy of said leased premises shall warrant. (d) The parties hereby agree that this instrument is not a land sale contract, that time is of the essence of this lease, and that if said rents shall be in arrears for ten days, or if the second party shall neglect or fail to do or perform any of the covenants herein contained, then the first party, at first party's option and after proper written notice, may at any time while said default continues, terminate this agreement and take possession of said premises in the manner provided in ORS 105.105 to 105.155. (e) All repairs, additions, improvements and alterations in and to said premises made by the second party shall be and become the property of the first party as soon as made. Any holding over by the second party alter the expiration of this lease shall be deemed a tenancy from month to month only, terminable in the manner provided by law by either party hereto. (over) _4;1 • • (f) OPTION TO SECOND PARTY —At any time while this lease is in lull force and effect, except as hereinafter provided, and second party is not in default in the performance hereof, the said first party, for value received, hereby gives and grants unto the second party the sole, exclusive and irrevocable right and option to purchase the above described premises subject to and upon the terms and conditions set forth in the form of purchase agreement hereto attached, at and for a price to be ascertained as fol- lows: The basic price for said premises shall be the sum of $ - -- -325. OO Q , to and from which shall be made the following additions and deductions, to -wit: To said basic price shall be added ( the aggregate of the sums expended by the first party and reported in writing by the first party to the second party between the date of this lease and the exercise of this option, for the mainte- nance of the exterior walls, gutters, downspouts, unexposed plumbing and the foundations of the building on said premises and the sidewalks thereabout; (2) the aggregate of all fire insurance premiums, all taxes and city, county and district liens on said premises paid by the first party between the date hereof and the exercise of this option; (3) a sum equal to a prorate as of the date hereof of taxes, paid by the first party during the fiscal tax year in which this option is given and covering a period extending to the date of the exercise of this option, together with (4) a sum equal to interest on said basic purchase price at the rate of 9.. - -1. . 2--% percent per annum from the date hereof to the exercise of this option; there shall be deducted from said basic price, (5) the total rents paid by the second party to the first party under said lease and (6) if, between the date of this lease and the exercise of this option, the building on said premises has been destroyed or damaged, there shall also be deducted all sums received or receivable by the first party from any insurance carried by the first party on said building and not previously expended by the first party for its repair or restoration. (1) The net sum so ascertained shall be the option price on said premises. (2) Time is of the essence hereof and this option shall be null and void and of no force and effect unless exercised by the second party on or before the 10th day of April , 19 94 at 5:00 P.M. by notifying the first party of the second party's intent to exercise said option by a writing forwarded to the first party at first party's address stated below; immediately thereafter the parties hereto, following the formula stated above, shall determine the amount of said purchase price and shall execute and deliver an agreement of sale and purchase in the form attached hereto. Contemporaneously with the delivery of said agreement of sale and purchase, the second party shall make the first or down payment stated in said agreement. (3) Within ten days from the date of said purchase agreement, the first party agrees to deliver to the second party a policy of title insurance insuring in the amount of said selling price marketable title to the above described premises in first party, subject to building restrictions, zoning ordinances, if any, and any liens or incumbrances against said premises to be assumed by second party in said sale; said first party may have a reasonable time to correct any defects of title which may appear. (4) Should second party fail to exercise this option, the foregoing lease shall continue until terminated pursuant to its terms. (g) The first party is the owner of said premises and Doug & Lauri Minzghor is the manager thereof duly authorised on behalf of the owner to accept service of process and receive and receipt for notices and • demandsatthefollowingaddress 9640 SW Frewing #2 Tigard, OR 97223 (h) This lease and option shall bind and inure to the benefit of, as the circumstances may require, not only the immediate parties hereto but their respective heirs, executors and administrators, the successors and assigns of the first party, and, so far as the terms hereof permit assignment, the successors and assigns of the second party as well. (i) In construing this lease and option agreement it is understood that the first and second parties, one or both of them, may be more than one person or a corporation and that, therefore, if the context so requires, the singular includes the plural, all gram- matical changes shall be made so that this instrument shall apply equally to corporations and to individuals. (j) In the event of any suit or action on this lease and option agreement, reasonable attorney's fees may be awarded by the trial court to the prevailing party in such suit or action, and on appeal, if any, similar reasonable attorney's fees may be awarded by the appellate court to the party prevailing on such appeal. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands in duplicate on this, the day and year first hereinabove written. b THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A ; Q FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS 1/' �r - +^:O- 21 ,,e. .�1 J u SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH. IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PER- ����� , ���) � {� ,, 7 SON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE ' �l` �k!!ll �l - ( Z - �,`. ••- --- --t44& / . (-2. ' t 1/ APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY AP- First Pert III PROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. �`, � Party .. 1 ' ��c SA- il[l ....r' Ge..4a Dr. _� =1-1 %� 4lk c ✓ First Party's Address ' / f t K •,., C 't aw iz .z 2 ' ;f), •, ; I7 i ,; v, / r, Second Party N. B. ATTACH FORM Or CONTRACT [see paragraphs (f) and (f2)]. As a form of contract to be attached to the above lease and option, we recommend Stevens -Ness numbers 704, 705, 706, 840, 845 and 854, one of which will lend itself to almost any type of sale and purchase in Oregon. . _• 111 EXHIBIT °A" A tract of land in Lot 25 of FREWING ORCHARD TRACTS, in Section 2, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, beginning at an iron pipe on center line of Ash Street, a 40.00 foot roadway, and at the Northwesterly corner of said Lot 25, and going thence South 30 degrees 11' East 21.55 feet to an iron pipe on the Southerly line of the roadway; thence continuing South 30 degrees 11' East 143.70 feet along the Westerly line of aforesaid Lot 25 to an iron pipe; thence North 59 degrees 56' East 194.40 feet to an iron pipe on the Westerly line of Frewing Avenue; thence continuing North 59 degrees 56' East 20.0 feet to a point on centerline; thence along centerline North 30 degrees 04' West 250.0 feet to the Northeasterly corner of aforementioned Lot 25 and on the center line of Ash Street; thence on center line of Ash Street South 38 degrees 25' West 231.0 feet to the true point of beginning. • iiiiiiiiiiii-ui__Ii__ - 111111 11111111_ii i _"liii - 11 11 ■ 11■■■■■ III■■■■■II1I1I1IiIT 1111111111111111 11■■■■ ■- �■■■■ � ■1111■ 11■■■■■■ ■■■■■ ■11■ ■1111■ . =MIN■■ � ■1111 ■11■ 1111■■■ II MI ■ 111.11111111111 ■ 1111 111111111111111111 .� • X11■ � '■■■■ 11 ■I11JL,!,,,,, ■�■ l aiR 1111■ JIIIIIUI II:: II ■■■■■r■■■11 ■ ■ ■■ ■111 .NIFINI ._7 ■1111 ■■� ■ ■ ■ ■�����■ ■�.�rVII■ - 1111 1111■■■■ liii irns i ■ ■ ■ ■■ ■r�11 ■1111 , 1 1!11 , !: , 11 ■111 ■ ■ ■Arf 1111 ■ ■■ ■1111, ; ��!11 ►�,, � � ■111111 1111111111111111111: .... 1 111 �Q■ ■■ r �■■■■ _..� v■ 111 ■11■ ■1111111111 ■��11111111 11■■ ■1111■■ ■ ■ ■w �,,.2LIII 1111 ■1111■ ■��i r �� ■ �■ ■■ 1111■■ - ��'�11fi��rl - _ ■ ■ ■ ■ ■�� ■ ■ ■■ ■11■ ■rill _r■�► ■ ■■ 11111111■ ■ ■1111 ■ ■ ■;�i�ll1:• 7�! ���1■ ■A11 ■1111 1E_� MIN ■1111■■■ �� anyartmo - " ■■■■■ ■r■ Q■i1111■■N Z ,o NM' • ■ ■ ■ ■ ■ ■�!■■ M ■ 1 lll llIIl llll '' lll! j �,�,,������ 11'■' 1111 J ■ ■ ■ ■� ►.� i���rl�'�r �� 11 ■■■■■■■■■■■■ _ 1 11111111111111111611111 11 11■ ■■ ■111111■■ lii/�!�'!�' 111111111111111111111111111111111111111 ■■■ ■rte ■ ■ ■■ ■11 Mi,A,. ' ■rIP ' ■1111■ �� ' ��. ■ ■1111■1111■1111■■■ ■,�i1` /��I�'��r■■ 1111 ■1111 ■ ■�1�W �;�;,� 2 1111 ■■1111■ ■ ■ ■ ■ ■11 111■ ■■ A" I i jo11166111 r - ■ ■ ■ �■ ■ ■r� � � �11��NF � 6111 � 1111■■■ �� � v� � ■■� 11■ ; illlpjIgr1: ■■■ ; 1111111111 v i r ' ' TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: 1. Will you have any paid employees working in the home in conjunction with the business who are not residents of the home ? /t)o CurreN1- plows -4or Sack. j. - 1 . c so i¢ wh • later -- a•' oN¢• u � r or ver 9¢ldovw ' (�lClxtc� BNt� � 1 a aajacf Sorsa -e ' 1 - P i , Y+ Sow.eoiv aisc o 4 •oinrt -ti 0..Q,.,r& 0- 6M o_ 5 \;0v. 00e- o.* pal 2. Will you have customers/clients coming to your residence? If so, how many per day? nJcN€ • 3. Will you have deliveries or pickups made of products or supplies,to your residence? If so, how many and what type? N6 Ill 1 0-olIe.ciielos t-,6I1-J655 LWili (,oNduce-A u pk s -E ¶o 'box 4. What will your hours and days of operation be? m - F a s ,vQcess 1W rel To o € # — etkar' j:el Ne.S *0 LA-T 5. Will the business generate any noise which can be heard outside of the .structure? p. o 6r 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? 7. What vehicles will be associated with the business that are garaged at the residence? NONE 8. Do you intend to store any materials, vehicles or products outdoors at-the premises in conjunction with the business? 00 - - • 9. Will you have any signs or advertising visible from the exterior of the premises? MO 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(' entirely for the home occupation and 2j' partially for the home occupation. Please designate the approximate _dimensions of_the r o oms(s) to be used for the home occupation. n: \word\comdethopermit •