SCE1995-00001 • CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER CITY OF TIGARD
OREGON
Concerning Case Number(s): SIGN CODE EXCEPTION (SCE) 95-0001
Name of Owner: Ernest Marx Tax Map and Lot No(sl.: 1S1 35BA, tax lot 3302
Name of Applicant: Meyer Sign Company for OFFICE DEPOT
Address of Applicant: 7340 SW Landmark Lane City: Tigard State: Oregon Zip: 97223
Address of Property: 10520 SW Cascade Boulevard City: Tigard State: Oregon Zip: 97223
Request ► A request for Sign Code Exception approval to allow an eight (8') foot increase in height
of an existing sign, to a height of forty (40') feet whereas, the Tigard Community
Development Code specifies a maximum height of thirty-five (35') feet for a freeway
oriented sign. APPLICABLE REVIEW CRITERIA:Community Development Code Sections
18.32 and 18.114.
Zone: I•P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support
facilities, professional and administrative services, financial, insurance, and real estate services, business support
services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution,
among other uses.
Action ► ❑ Approval as requested ® Approval with conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
® Owners of record within the required distance ® Affected governmental agencies
® The affected Citizen Involvement Team Facilitator ® The applicant and owner(s)
THE DECISION BE FINAL ON JULY 19;`1995:::UNLESS:`AN'APPEAL`IS'.:FILED ::
... .:. .. ....... ...
Final
Decision The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning
Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Anneal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which
provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be
submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess
of $500.00.
... :. . . ........ .:...
• T. E DEADLINE FOR FILING OF"AN APPEAL
Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171.
• •
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application for a sign code exception to ) FINAL ORDER
allow a sign exceeding the 35-foot height limit that applies )
generally in the I-P zone for the Office Depot store at ) SCE 95-0001
10520 SW Cascade Avenue in the City of Tigard, Oregon ) (Office Depot)
I. SUMMARY OF THE REQUEST
The applicant requests approval of an exception to the sign code to allow an 8-foot increase
in the height of an existing freeway-oriented sign for the Office Depot store at 10520 SW
Cascade Avenue. If the exception is approved, the sign will be about 40 feet above grade
at the base of the sign. A freeway-oriented sign in the I-P zone generally is not permitted to
exceed a height of 35 feet. The applicant asserts that an exception should be granted in this
case, because a new structure between Highway 217 and the Office Depot sign blocks
views of the sign from the highway.
II. FINDINGS ABOUT THE SITE
The hearings officer incorporates by reference the findings about the site and
surroundings in Section II of the City of Tigard Staff Reported dated June 19, 1995.
III. APPLICABLE APPROVAL STANDARDS
The hearings officer incorporates by reference the approval standards in Section III
of the City of Tigard Staff Report dated June 19, 1995.
IV. HEARING AND RECORD
1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the
public hearing about this application on June 26, 19951. A record of that testimony is
included herein as Exhibit A(Parties of Record), Exhibit B (Taped Proceedings), and
Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall.
2. At the hearing, city planner Will D'Andrea summarized the staff report and
recommendation. Ken VanDevender testified for the Meyer Sign Company in support of
the exception. He submitted 16 photographs of the site. He accepted the staff report and
recommendation without objections or corrections.
3. The hearings officer incorporates by reference the agency comments in Section
IV of the City of Tigard Staff Report dated June 19, 1995.
V. EVALUATION OF REQUEST
The hearings officer adopts as his own and incorporates by reference the findings
about compliance with the Community Development Code and Comprehensive Plan in
Section V of the City of Tigard Staff Report dated June 19, 1995.
VI. SITE VISIT
The hearings officer visited the site and surrounding area.
Hearings Officer Final Order
SCE 95-0001 (Office Depot) Page 1
•
VII. CONCLUSION AND DECISION
1. The hearings officer concludes that the proposed sign code exception complies
with the applicable criteria and standards of the Community Development Code, provided
development that occurs after this decision complies with applicable local, state, and federal
laws and with conditions of approval warranted to ensure such compliance occurs.
2. In recognition of the findings and conclusions contained herein, and
•
incorporating the Staff Report and other reports of effect agencies and public testimony and
exhibits received in this matter, the hearings officer hereby approves SCE 95-0001 subject
to the conditions of approval recommended in Section VI of the City of Tigard Staff Report
dated June 19, 1995.
DATED this 6th day of July, 1995.
4/Ai
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arty Eps : • 1
City of Ti:. of gs Officer
•
Hearings Officer Final Order
SCE 95-0001 (Office Depot) Page 2
• •
AGENDA ITEM 2.2
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Meyer Sign Company SCE 95-0001
for a Sign Code Exception approval to allow an
eight (8) foot increase in height of an existing
sign to a height of 40 feet, whereas the Code
specifies a maximum height of 35 feet for a freeway
oriented sign.
I. SUMMARY OF THE REQUEST
CASE: Sign Code Exception SCE 95-0001
SUMMARY: A request for Sign Code Exception approval to allow an eight (8) foot increase
in height of an existing sign to a height of 40 feet, whereas the Code specifies a maximum height
of 35 feet for a freeway oriented sign.
APPLICANT: Meyer Sign Co. OWNER: Ernest Marx
7340 SW Landmark Ln 13627 Sunset Blvd.
Tigard, OR 97223 Pacific Palisades, CA 90272
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
LOCATION: 10520 SW Cascade Avenue (WCTM 1S1 35BA, tax lot 3302). North of SW
Cascade Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW
Greenburg Road.
APPLICABLE LAW: Community Development Code Chapters 18.32, 18.114.
STAFF RECOVLMENDATION: Approval subject to conditions.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page 1
• •
II. SITE AND VICINITY INFORiMATION
A. Background Information:
In 1990, a Freeway Oriented sign was approved (SGN 90-0071) for a sign 35 feet in
height and 160 square feet per sign face. No other development applications have been
reviewed by the City.
B. Site Information and Proposal Description:
The site is currently developed and is occupied with an Office Depot. There is an
existing 32 foot, freeway oriented sign. The applicant states that due to the construction
of a new 30 foot tall building on the adjacent property, the subject sign has been
visually obscured. The applicant requests for a Sign Code Exception approval to allow
an eight (8) foot increase in height of an existing 32 foot sign to a height of 40 feet,
whereas the Code specifies a maximum height of 35 feet for a freeway oriented sign.
C. Vicinity Information:
The subject parcel and surrounding parcels are zoned I-P (Industrial Park). The area
is predominantly developed with a mix of commercial and industrial uses.
III. APPLICABLE APPROVAL STANDARDS
1. Section 18.114.090 (E) states that freeway oriented signs shall be permitted in the I-P
zone. Freeway oriented signs shall be permitted to locate within 200 feet of Highway
217 and/or I-S. One freeway oriented freestanding sign shall be allowed for each
parcel. development complex, or premises with a maximum height not to exceed 35
feet from the ground level at its base. The total maximum sign area shall be 160
square feet per sign face (320 square feet total). The sign shall be oriented to be
viewed from the freeway.
2. Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the
requirements of this chapter when the applicant demonstrates that, owing to special or
unusual circumstances relating to the design. structure or placement of the sign in
relation to other structures, the literal interpretation of this chapter would interfere with
the communicative function of the sign without corresponding public benefit.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Paget
• •
3. Section 18.114.145 (A) states that the Hearings Officer shall approve, approve with
conditions, or deny a request for an exception to the sign code based on findings that
at least one of five criteria are satisfied. Two criteria (#2 and #5) are related to a
second freestanding sign, and one criteria(#4) allow additional allowable sign area and
height not being requested. The two criteria applicable to this application are the
following:
1) The proposed exception to the height limits in the sign code is necessary to
make the sign visible from the street because of the topography of the site,
and/or a conforming building or sign on an adjacent property would limit the
view of a sign erected on the site in conformance with Sign Code standards;
3) Up to an additional 25 percent of sign area or height may be permitted when
it is determined that the increase will not deter from the purpose of this
chapter. This increase should be judged according to specific needs and
circumstances which necessitate additional area to make the sign sufficiently
legible. The increase(s) shall not conflict with any other nondimensional
standards or restrictions of this chapter.
4. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings
Officer shall review all of the existing or proposed signage for the development and
its relationship to the intent and purpose of this chapter. As a condition of approval,
the Hearings Officer may require:
1) Removal or alteration of nonconforming signs to achieve compliance with the
standards contained in this chapter;
2) Removal or alteration of conforming signs in order to establish a consistent sign
design throughout the development; and
3) Application for sign permits for signs erected without permits or removal of
such illegal signs.
IV. AGENCY COMMENTS
1. The City of Tigard Building Division states that the applicant shall submit calculations
to demonstrate adequacy of the existing pole and foundation for the new height.
•
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page3
• •
2. The City of Tigard Engineering Department and Tualatin Valley Fire and Rescue have
reviewed the proposal and have offered no comments or objections.
V. EVALUATION OF REQUEST
Compliance with Community Development Code.
Sections 18.114.090(E) and 18.114.145(A)(1) and (3) are satisfied. The existing freeway oriented
sign received a Sign Permit approval (SGN 90-0071) in 1990 and satisfied the criteria for
freeway oriented signs. The exception is necessary to make the sign visible from Highway 217,
specifically southbound traffic. The existing 32 foot sign had adequate visibility as the adjoining
i
property was undeveloped in the area of the sign. In 1994, the adjacent property constructed a
30 foot high building addition (SDR 94-0005). This addition obstructs a portion of the existing
sign, from southbound Highway 217 traffic. The proposed height exception would provide the
same unobstructed visibility as it did prior to the newly constructed addition. The proposed 40
foot height is under the 43 foot height allowed under this exception provision. Section
18.114.145(B) is satisfied as staff has examined the existing signage and has found the property
to be in compliance with sign standards, with the exception of a temporary banner sign. The
applicant shall obtain a temporary sign permit or remove the banner sign.
W. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Sign Code Exception request will promote the general
welfare of the City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies with applicable
local state and federal laws.
In recognition of the findings, staff recommends APPROVAL of Sign Code Exception (SCE 95-
0001) subject to the following conditions:
1. The applicant shall obtain a sign permit. Along with the permit application, the
applicant shall submit calculations to demonstrate the adequacy of the existing pole and
foundation for the new height.
?. The applicant shall obtain a temporary sign permit for the banner sign or shall remove
the sign.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page4
• •
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Prepared by: `-.,/,.�il„Gi.l h,{,n„, .c.t 6/19/95
William D'Andrea Date
Assistant Planner
Approved bv: �� /y U/ / � 6/19/95
James Hendryx Date
Commmunity Development Director
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Pages
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• •
CITY OF TIGARD
AFFIDAVIT OF MAILING OREGON
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say:
That I am a Senior Office Assistant for The City of Tigard, Oregon.
X That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
X City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF
FINAL ORDER of which is attached, marked Exhibit "A", was mailed to each
named person(s) at the address(s) shown on the attached list(s), marked Exhibit
"B", on the 6th day of June, 1995, and deposited in the United States Mail on the
6th day of June, 1995, postage prepaid.
'repared Notice �'
Subscribed and sworn/affirmed before me on the / ay of 19
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,` „..„ ` NOTARY NLPI IEc�t9l a t NOTARY PUBLIC it,OREGO i!� / cor�rotl -ota N�o.aee - r( MYCOE�a ON tRES^� W : My Commission E es: 7 i,s
FILE INFO.:
SCE 95-0001 NOTICE OF 6/26 H.O.PUBLIC HEARING
OFFICE DEPOT
IUBLI C HEARI NG
EXHIBIT A
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER,
AT A MEETING ON MONDAY, JUNE 26, 1995 AT 7:00 PM, =•��.,
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: SIGN CODE EXCEPTION (SCE) 95-0001
FILE TITLE: OFFICE DEPOT
APPLICANT: Meyer Sign Company OWNER: Ernest Marx
7340 SW Landmark Lane 13627 Sunset Boulevard
Tigard, OR 97223 Pacific Palisades, CA 90272
(503) 620-8200
REQUEST • A request for Sign Code Exception approval to allow an eight (8) foot increase in
height of an existing sign to a height of 40 feet, whereas the Code specifies a
maximum height of 35 feet for a freeway oriented sign.
LOCATION: 10520 SW Cascade Boulevard (WCTM 1S1 35BA, tax lot 3302). North of SW Cascade
Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW Greenburg
Road.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.114
ZONE: I-P (Industrial Park) The Industrial Park zoning allows public agency administrative services,
public support facilities, professional and administrative services, financial, insurance, and real
estate services, business support services, manufacturing of finished products, packaging and
processing, wholesale, storage, and distribution, among other uses.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED
BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH
IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
SCE 95-0001 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBLIC HEARING
•
ANYONE WISHING TO PRESENTWRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH
ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO
ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND
TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE
APPLICATION AFTER JUNE 6, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER
THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM
THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL
OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE
CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF
THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE
DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT
LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON."-IFNI ii_______i____Lutirii ,
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--------)SCE 95-0001 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBLIC HEARING
SCE 95-0001 OFFICE DEPOT (Page 1 of 1)
• EXHIBIT
1S135BA-02800 1S135BA-03300
' LANPHERE ENTERPRISES INC ACKERLY COMMUNICATIONS OF THE
12520 SW CANYON RD NORTHWEST, INC
£ BEAVERTON OR 97005 3601 6TH AVE S
SEATTLE WA 98134
1S135BB-00500 1S135BB-00501
HOLCE, THOMAS J HOLCE, THOMAS J
109 N LOTUS BEACH DR 121 SW MORRISON #450
PORTLAND OR 97217 PORTLAND OR 97204
1S135BB-00600 1S135BB-00700
FOURIER, GEORGE PER FOURIER, GEORGE & JAN AND
FOURIER, JAN JACOB LARSON, ALAN W TRUSTEE
LARSON, ALAN W 349 W 71ST ST #1
109 N LOTUS BEACH DR NEW YORK NY 10023
PORTLAND OR 97217
MEYER SIGN COMPANY E MEST MARX
7340 SW LANDMARK LANE 13627 SUNSET BOULEVARD
TIGARD OR 97223 PACIFIC PALISADES CA 90272
• •
- FAX TRANSMITTAL -
DATE: June 9. 1995
TO: Sue Curran, Legals (fax) 620-3433
FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171
PLACE UNDER CITY OF TIGARD LOGO
The following will be considered by the Tigard Hearings Officer on Monday, June 26. 1995 at 7:00 PM at
Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written
testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of
Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to
raise an issue in person or by letter precludes an appeal, and failure to specify the criterion from the
Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal
based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall
Boulevard, Tigard, Oregon 97223 or by calling (503) 639-4171.
PUBLIC HEARING:
SIGN CODE EXCEPTION (SCE) 95-0001 OFFICE DEPOT ► A request for Sign Code Exception approval to allow
an eight (8) foot increase in height of an existing sign to a height of 40 feet, whereas the Code specifies a
maximum height of 35 feet for a freeway oriented sign. LOCATION: 10520 SW Cascade Boulevard (WCTM
1S1 35BA, tax lot 3302). North of SW Cascade Boulevard, south of Highway 217, east of SW Scholls Ferry Road
and west of SW Greenburg Road. ZONE: I-P (Industrial Park) The Industrial Park zoning allows public
agency administrative services, public support facilities, professional and administrative services, financial,
insurance, and real estate services, business support services, manufacturing of finished products,
packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW
CRITERIA: Community Development Code Section 18.114.
CASE: \ 1
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SCE 95-0001 OFFICE DEPOT
• •
AGENDA ITEM 2.2
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Meyer Sign Company SCE 95-0001
for a Sign Code Exception approval to allow an
eight (8) foot increase in height of an existing
sign to a height of 40 feet, whereas the Code
specifies a maximum height of 35 feet for a freeway
oriented sign.
I. SUMMARY OF THE REQUEST
CASE: Sign Code Exception SCE 95-0001
SUMMARY: A request for Sign Code Exception approval to allow an eight (8) foot increase
in height of an existing sign to a height of 40 feet, whereas the Code specifies a maximum height
of 35 feet for a freeway oriented sign.
APPLICANT: Meyer Sign Co. OWNER: Ernest Marx
7340 SW Landmark Ln 13627 Sunset Blvd.
Tigard, OR 97223 Pacific Palisades, CA 90272
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
LOCATION: 10520 SW Cascade Avenue (WCTM 1S1 35BA, tax lot 3302). North of SW
Cascade Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW
Greenburg Road.
APPLICABLE LAW: Community Development Code Chapters 18.32, 18.114.
STAFF RECOMMENDATION: Approval subject to conditions.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Pagel
• •
II. SITE AND VICINITY INFORMATION
A. Background Information:
In 1990, a Freeway Oriented sign was approved (SGN 90-0071) for a sign 35 feet in
height and 160 square feet per sign face. No other development applications have been
reviewed by the City.
B. Site Information and Proposal Description:
The site is currently developed and is occupied with an Office Depot. There is an
existing 32 foot, freeway oriented sign. The applicant states that due to the construction
of a new 30 foot tall building on the adjacent property, the subject sign has been
visually obscured. The applicant requests for a Sign Code Exception approval to allow
an eight (8) foot increase in height of an existing 32 foot sign to a height of 40 feet,
whereas the Code specifies a maximum height of 35 feet for a freeway oriented sign.
C. Vicinity Information:
The subject parcel and surrounding parcels are zoned I-P (Industrial Park). The area
is predominantly developed with a mix of commercial and industrial uses.
III. APPLICABLE APPROVAL STANDARDS
1. Section 18.114.090 (E) states that freeway oriented signs shall be permitted in the I-P
zone. Freeway oriented signs shall be permitted to locate within 200 feet of Highway
217 and/or I-5. One freeway oriented freestanding sign shall be allowed for each
parcel, development complex, or premises with a maximum height not to exceed 35
feet from the ground level at its base. The total maximum sign area shall be 160
square feet per sign face (320 square feet total). The sign shall be oriented to be
viewed from the freeway.
2. Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the
requirements of this chapter when the applicant demonstrates that, owing to special or
unusual circumstances relating to the design, structure or placement of the sign in
relation to other structures, the literal interpretation of this chapter would interfere with
the communicative function of the sign without corresponding public benefit.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page2
r • •
3. Section 18.114.145 (A) states that the Hearings Officer shall approve, approve with
conditions, or deny a request for an exception to the sign code based on findings that
at least one of five criteria are satisfied. Two criteria (#2 and #5) are related to a
second freestanding sign, and one criteria(#4) allow additional allowable sign area and
height not being requested. The two criteria applicable to this application are the
following:
1) The proposed exception to the height limits in the sign code is necessary to
make the sign visible from the street because of the topography of the site,
and/or a conforming building or sign on an adjacent property would limit the
view of a sign erected on the site in conformance with Sign Code standards;
3) Up to an additional 25 percent of sign area or height may be permitted when
it is determined that the increase will not deter from the purpose of this
chapter. This increase should be judged according to specific needs and
circumstances which necessitate additional area to make the sign sufficiently
legible. The increase(s) shall not conflict with any other nondimensional
standards or restrictions of this chapter.
4. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings
Officer shall review all of the existing or proposed signage for the development and
its relationship to the intent and purpose of this chapter. As a condition of approval,
the Hearings Officer may require:
1) Removal or alteration of nonconforming signs to achieve compliance with the
standards contained in this chapter;
2) Removal or alteration of conforming signs in order to establish a consistent sign
design throughout the development; and
3) Application for sign permits for signs erected without permits or removal of
such illegal signs.
IV. AGENCY COMMENTS
1. The City of Tigard Building Division states that the applicant shall submit calculations
to demonstrate adequacy of the existing pole and foundation for the new height.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page3
• •
2. The City of Tigard Engineering Department and Tualatin Valley Fire and Rescue have
reviewed the proposal and have offered no comments or objections.
V. EVALUATION OF REQUEST
Compliance with Community Development Code.
Sections 18.114.090(E) and 18.114.145(A)(1) and (3) are satisfied. The existing freeway oriented
sign received a Sign Permit approval (SGN 90-0071) in 1990 and satisfied the criteria for
freeway oriented signs. The exception is necessary to make the sign visible from Highway 217,
specifically southbound traffic. The existing 32 foot sign had adequate visibility as the adjoining
property was undeveloped in the area of the sign. In 1994, the adjacent property constructed a
30 foot high building addition (SDR 94-0005). This addition obstructs a portion of the existing
sign, from southbound Highway 217 traffic. The proposed height exception would provide the
same unobstructed visibility as it did prior to the newly constructed addition. The proposed 40
foot height is under the 43 foot height allowed under this exception provision. Section
18.114.145(B) is satisfied as staff has examined the existing signage and has found the property
to be in compliance with sign standards, with the exception of a temporary banner sign. The
applicant shall obtain a temporary sign permit or remove the banner sign.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Sign Code Exception request will promote the general
welfare of the City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies with applicable
local state and federal laws.
In recognition of the findings, staff recommends APPROVAL of Sign Code Exception (SCE 95-
0001) subject to the following conditions:
1. The applicant shall obtain a sign permit. Along with the permit application, the
applicant shall submit calculations to demonstrate the adequacy of the existing pole and
foundation for the new height.
2. The applicant shall obtain a temporary sign permit for the banner sign or shall remove
the sign.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page4
• •
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Prepared by: l,["all C l 2 hue-Le 6/19/95
William D'Andrea Date
Assistant Planner
Approved by: n4 4 6/19/95
James Hendryx Date
Commmunity Development Director
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Pages
PUBLIC HEAR! G
NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER,
AT A MEETING ON MONDAY, JUNE 26, 1995 AT 7:00 PM, -L!
IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: SIGN CODE EXCEPTION (SCE) 95-0001
FILE TITLE: OFFICE DEPOT
APPLICANT: Meyer Sign Company OWNER: Ernest Marx
7340 SW Landmark Lane 13627 Sunset Boulevard
Tigard, OR 97223 Pacific Palisades, CA 90272
(503) 620-8200
REQUEST ■ A request for Sign Code Exception approval to allow an eight (8) foot increase in
height of an existing sign to a height of 40 feet, whereas the Code specifies a
maximum height of 35 feet for a freeway oriented sign.
LOCATION: 10520 SW Cascade Boulevard (WCTM 1S1 35BA, tax lot 3302). North of SW Cascade
Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW Greenburg
Road.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.114
ZONE: I-P (Industrial Park) The Industrial Park zoning allows public agency administrative services,
public support facilities, professional and administrative services, financial, insurance, and real
estate services, business support services, manufacturing of finished products, packaging and
processing, wholesale, storage, and distribution, among other uses.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED
BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH
IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY
WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320
(VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
SCE 950001 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBLIC HEARING
ANYONE WISHING TO PRESEN RITTEN TESTIMONY ON THIS PR•OSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH
ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO
ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND
TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE
APPLICATION AFTER JUNE 6, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER
THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM
THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL
OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE
CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF
THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE
DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT
LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
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SCE 960001 OFFICE DEPOT NOTICE OF 6/26 HEARING'S OFFICER PUBUC HEARING
RECEIVED PLANNING
• �►.
REQUEST FOR COMMENTS
a./l
CITY OF TIGARD
• OREGON
TO: Dave Scott, Building Official DATE: May 25, 1995
FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea(x315)
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: SIGN CODE EXCEPTION (SCE) 95-0001 OFFICE DEPOT • A request for Sign
Code Exception approval to allow an eight (8) foot increase in height of an existing
sign to a height of 40 feet, whereas the Code specifies a maximum height of 35 feet
for a freeway oriented sign. LOCATION: 10520 SW Cascade Boulevard(WCTM 1S1
35BA, tax lot 3302). North of SW Cascade Boulevard, south of Highway 217, east of
SW Scholls Ferry Road and west of SW Greenburg Road. ZONE: I-P (Industrial
Park) The Industrial Park zoning allows public agency administrative services,
public support facilities, professional and administrative services, financial,
insurance, and real estate services, business support services, manufacturing of
finished products, packaging and processing, wholesale, storage, and distribution,
among other uses. APPLICABLE REVIEW CRITERIA: Community Development
Code Section 18.114
Attached is the Site Plan and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation
will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Monday - June 5, 1995. You may use
the space provided below or attach a separate letter to return your comments. If you are unable to
respond by the above date, please phone the staff contact noted above with your comments and confirm
your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
W�\� „areas. cp„�ps ).a kpsivs^sr`S�'(a
(Please provide the following information) te
Name of Person Commenting:
Phone Number: ' \\
SCE 95-0001 OFFICE DEPOT May 25, 1995
1110 O.
PROPOSAL DESCRIPTION 4'
a.LL�lJ
CITY OF TIGARD
OREGON
FILE NO: SIGN CODE EXCEPTION (SCE) 95-0001
FILE TITLE: OFFICE DEPOT
APPLICANT: Meyer Sign Company OWNER: Ernest Marx
7340 SW Landmark Lane 13627 Sunset Boulevard
Tigard, OR 97223 Pacific Palisades, CA 90272
(503) 620-8200
REQUEST: A request for Sign Code Exception approval to allow an eight (8) foot
increase in height of an existing sign to a height of 40 feet, whereas the
Code specifies a maximum height of 35 feet for a freeway oriented sign.
LOCATION: 10520 SW Cascade Boulevard (WCTM 1S1 35BA, tax lot 3302). North of SW Cascade
Boulevard, south of Highway 217, east of SW Scholls Ferry Road and west of SW
Greenburg Road.
ZONE: I-P (Industrial Park) The Industrial Park zoning allows public agency administrative
services, public support facilities, professional and administrative services, financial,
insurance, and real estate services, business support services, manufacturing of finished
products, packaging and processing, wholesale, storage,and distribution, among other
uses.
APPLICABLE
REVIEW CRITERIA:Community Development Code Section 18.114
CIT: East CIT FACILITATOR: List Available Upon Request
PHONE NUMBER: (503)
DECISION MAKING BODY
STAFF DECISION
PLANNING COMMISSION DATE OF HEARING: TIME: 7:30
X HEARINGS OFFICER DATE OF HEARING: 6/26/95 TIME: 7:00
CITY COUNCIL DATE OF HEARING: - TIME: 7:30
RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
X VICINITY MAP LANDSCAPING PLAN NARRATIVE X
X ARCHITECTURAL PLAN SITE PLAN X OTHER
STAFF CONTACT: Will D'Andrea (503) 639-4171 x315
SCE 95-0001 OFFICE DEPOT May 25, 1995
•
CITY OF TIGARD, OREGON
SIGN CODE EXCEPTION APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY
CASE NO. SCE 9 S _ e
OTHER CASE NOs:
RECEIPT NO. C7 _ et,5-Es9
APPLICATION ACCEPTED BY: j I4
DATE: 5I (aIa(
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS/LOCATION /D6, & 670 nh5 (A) Application form (1)
{Vdr l (B) Owner's signature/written j/*
TAX MAP AND TAX LOT NO. authorization
1941:2(&P°-1/..5 1- 5B,4- D2302 instrument (l)"
SITE SIZE 4 ,k1'O/ 9 700
PROPERTY OWNER/DEED HOLDER* / S , ;ice , (E) Site p lan (pre-a
pp checklist)
ADDRES 1367. 7 _41„, , PHONE I, 4 (F) Sign plan (pre-app checklist) 1/
CITY / C_�f�- ZIP C/C),� (G) Applicant's statement
APPLICANT* /1407/,?A? ` `p teatmgwei r-7
ADDRESS 7f 0 SW /s�11G�/�Jlj, PHONE `q2O-8LUO
CIT .4c ZIP q-72. 3 a
*When the owner and the applicant are different (I) Filing fee ($230)
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
request a Sign Code Exception to allow N.P.O. Number:
-1A p/e sscpv, ev1 s ,=fe
1.-1 ki- Planning Commission Approval Date:
kz y /57
Final Approval Date:
Planning
Engineering
Sign Permit Number and Date issued:
0739P/7P
Rev'd: 8/88
• • r
CITY OF TIGARD
OREGON
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say:
That I am a Senior Office Assistant for The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING FOR:
X That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
Tigard Planning Commission
X Tigard Hearings Officer
Tigard City Council
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL
ORDER of which is attached, marked Exhibit "A", was mailed to each named person(s) at
the address(s) shown on the attached list(s), marked Exhibit "B", on the 7th day of July,
1995; said NOTICE OF PUBLIC HEARING/NOTICE OF DECISION/NOTICE OF FINAL
ORDER as hereto attached, was posted on an appropriate bulletin board on the 7th day of
July, 1995 and deposited in the United States Mail on the 7th day of July, 1995, postage
prepaid.
AliVA 02d_,
V /dared Notice
Subscribed and sworn/affirmed before me on the t. day of - , 19',A I 1, 1
Czw,(a. ryi��,. OFFICIAL SEAL
_ I,,
a DIANE M JELDERKS NOTARY PUBLIC OF O'' I ON
NOTARY PUBLIC-OREGON
\1?/ COMMISSION NO.046142 My Commission Expires:
MY COMMISSION EXPIRES SEPTEMBER 07,1999
FILE INFO.:
SCE 95-0001 NOTICE OF FINAL ORDER
OFFICE DEPOT/MEYER SIGN COMPANY BY THE HEARING'S OFFICER
• CITY OF TIGARD •
Washington County, Oregon 4 . A
NOTICE OF FINAL ORDER q BY THE HEARINGS OFFICER CITY OF TIGARD
OREGON
Concerning Case Number(s): SIGN CODE EXCEPTION (SCE) 95.0001
Name of Owner: Ernest Marx Tax Map and Lot No(sl.: 1S1 35BA, tax lot 3302
Name of Applicant: Meyer Sign Company for OFFICE DEPOT
Address of Applicant: 7340 SW Landmark Lane City: Tigard State: Oregon Zip: 97223
Address of Property: 10520 SW Cascade Boulevard City: Tigard State: Oregon Zip: 97223
Request ■ A request for Sign Code Exception approval to allow an eight (8') foot increase in height
of an existing sign, to a height of forty (40') feet whereas, the Tigard Community
Development Code specifies a maximum height of thirty-five (35') feet for a freeway
oriented sign. APPLICABLE REVIEW CRITERIA:Community Development Code Sections
18.32 and 18.114.
Zone: I•P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support
facilities, professional and administrative services, financial, insurance, and real estate services, business support
services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution,
among other uses.
Action ■ ❑ Approval as requested ® Approval with conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
® Owners of record within the required distance ® Affected governmental agencies
® The affected Citizen Involvement Team Facilitator ® The applicant and owner(s)
THE DECISION::SHALL BE:`FINAL:ON>JULY:19, 1995::::UNLESS:_AN APPEAL IS FILED ---
Final
Decision The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning
Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which
provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be
submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess
of $500.00.
THE::DEADLINE::FOR:>FILING:OF>AN:APPEAL<IS 3:30>P
M..ON'JULY<19 >1
Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171.
• •
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application for a sign code exception to ) FINAL ORDER
allow a sign exceeding the 35-foot height limit that applies )
generally in the I-P zone for the Office Depot store at ) SCE 95-0001
10520 SW Cascade Avenue in the City of Tigard, Oregon ) (Office Depot)
I. SUMMARY OF THE REQUEST
The applicant requests approval of an exception to the sign code to allow an 8-foot increase
in the height of an existing freeway-oriented sign for the Office Depot store at 10520 SW
Cascade Avenue. If the exception is approved, the sign will be about 40 feet above grade
at the base of the sign. A freeway-oriented sign in the I-P zone generally is not permitted to
exceed a height of 35 feet. The applicant asserts that an exception should be granted in this
case, because a new structure between Highway 217 and the Office Depot sign blocks
views of the sign from the highway.
II. FINDINGS ABOUT THE SITE
The hearings officer incorporates by reference the findings about the site and
surroundings in Section II of the City of Tigard Staff Reported dated June 19, 1995.
III. APPLICABLE APPROVAL STANDARDS
The hearings officer incorporates by reference the approval standards in Section III
of the City of Tigard Staff Report dated June 19, 1995.
IV. HEARING AND RECORD
1. Hearings Officer Larry Epstein (the "hearings officer")received testimony at the
public hearing about this application on June 26, 19951. A record of that testimony is
included herein as Exhibit A(Parties of Record), Exhibit B (Taped Proceedings), and
Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall.
2. At the hearing, city planner Will D'Andrea summarized the staff report and
recommendation. Ken VanDevender testified for the Meyer Sign Company in support of
the exception. He submitted 16 photographs of the site. He accepted the staff report and
recommendation without objections or corrections.
3. The hearings officer incorporates by reference the agency comments in Section
IV of the City of Tigard Staff Report dated June 19, 1995.
V. EVALUATION OF REQUEST
The hearings officer adopts as his own and incorporates by reference the findings
about compliance with the Community Development Code and Comprehensive Plan in
Section V of the City of Tigard Staff Report dated June 19, 1995.
VI. S1TE VISIT
The hearings officer visited the site and surrounding area.
Hearings Officer Final Order
SCE 95-0001 (Office Depot) Page 1
•
VII. CONCLUSION AND DECISION
1. The hearings officer concludes that the proposed sign code exception complies
with the applicable criteria and standards of the Community Development Code, provided
development that occurs after this decision complies with applicable local, state, and federal
laws and with conditions of approval warranted to ensure such compliance occurs.
2. In recognition of the findings and conclusions contained herein, and
incorporating the Staff Report and other reports of effect agencies and public testimony and
exhibits received in this matter, the hearings officer hereby approves SCE 95-0001 subject
to the conditions of approval recommended in Section VI of the City of Tigard Staff Report
dated June 19, 1995.
DATED this 6th day of July, 1995.
41%/10
ar1.yEps , • .
City of Ti, . e gs Officer
•
Hearings Officer Final Order
SCE 95-0001 (Office Depot) Page 2
• •
AGENDA ITEM 2.2
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Meyer Sign Company SCE 95-0001
for a Sign Code Exception approval to allow an
eight (8) foot increase in height of an existing
sign to a height of 40 feet, whereas the Code
specifies a maximum height of 35 feet for a freeway
oriented sign.
I. SUMMARY OF THE REQUEST
CASE: Sign Code Exception SCE 95-0001
SUMMARY: A request for Sign Code Exception approval to allow an eight (8) foot increase
in height of an existing sign to a height of 40 feet, whereas the Code specifies a maximum height
of 35 feet for a freeway oriented sign.
APPLICANT: Meyer Sign Co. OWNER: Ernest Marx
7340 SW Landmark Ln 13627 Sunset Blvd.
Tigard, OR 97223 Pacific Palisades, CA 90272
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
LOCATION: 10520 SW Cascade Avenue (WCTM 1S1 35BA, tax lot 3302). North of SW
Cascade Boulevard. south of Highway 217, east of SW Scholls Ferry Road and west of SW
Greenburg Road.
APPLICABLE LAW: Community Development Code Chapters 18.32, 18.114.
STAFF RECOMIMENDATION: Approval subject to conditions.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Pagel
• •
II. SITE AND VICINITY INFORMATION
A. Background Information:
In 1990, a Freeway Oriented sign was approved (SGN 90-0071) for a sign 35 feet in
height and 160 square feet per sign face. No other development applications have been
reviewed by the City.
B. Site Information and Proposal Description:
The site is currently developed and is occupied with an Office Depot. There is an
existing 32 foot, freeway oriented sign. The applicant states that due to the construction
of a new 30 foot tall building on the adjacent property, the subject sign has been
visually obscured. The applicant requests for a Sign Code Exception approval to allow
an eight (8) foot increase in height of an existing 32 foot sign to a height of 40 feet,
whereas the Code specifies a maximum height of 35 feet for a freeway oriented sign.
C. Vicinity Information:
The subject parcel and surrounding parcels are zoned I-P (Industrial Park). The area
is predominantly developed with a mix of commercial and industrial uses.
M. APPLICABLE APPROVAL STANDARDS
1. Section 18.114.090 (E) states that freeway oriented signs shall be permitted in the I-P
zone. Freeway oriented signs shall be permitted to locate within 200 feet of Highway
217 and/or I-5. One freeway oriented freestanding sign shall be allowed for each
parcel, development complex, or premises with a maximum height not to exceed 35
feet from the ground level at its base. The total maximum sign area shall be 160
square feet per sign face (320 square feet total). The sign shall be oriented to be
viewed from the freeway.
2. Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the
requirements of this chapter when the applicant demonstrates that, owing to special or
unusual circumstances relating to the design, structure or placement of the sign in
relation to other structures, the literal interpretation of this chapter would interfere with
the communicative function of the sign without corresponding public benefit.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page2
• •
3. Section 18.114.145 (A) states that the Hearings Officer shall approve, approve with
conditions, or deny a request for an exception to the sign code based on findings that
at least one of five criteria are satisfied. Two criteria (#2 and #5) are related to a
second freestanding sign, and one criteria(#4) allow additional allowable sign area and
height not being requested. The two criteria applicable to this application are the
following:
1) The proposed exception to the height limits in the sign code is necessary to
make the sign visible from the street because of the topography of the site,
and/or a conforming building or sign on an adjacent property would limit the
view of a sign erected on the site in conformance with Sign Code standards;
3) Up to an additional 25 percent of sign area or height may be permitted when
it is determined that the increase will not deter from the purpose of this
chapter. This increase should be judged according to specific needs and
circumstances which necessitate additional area to make the sign sufficiently
legible. The increase(s) shall not conflict with any other nondimensional
standards or restrictions of this chapter.
4. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings
Officer shall review all of the existing or proposed signage for the development and
its relationship to the intent and purpose of this chapter. As a condition of approval,
the Hearings Officer may require:
1) Removal or alteration of nonconforming signs to achieve compliance with the
standards contained in this chapter;
2) Removal or alteration of conforming signs in order to establish a consistent sign
design throughout the development; and
3) Application for sign permits for signs erected without permits or removal of
such illegal signs.
IV. AGENCY COMMENTS
1. The City of Tigard Building Division states that the applicant shall submit calculations
to demonstrate adequacy of the existing pole and foundation for the new height.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page3
• •
2. The City of Tigard Engineering Department and Tualatin Valley Fire and Rescue have
reviewed the proposal and have offered no comments or objections.
V. EVALUATION OF REQUEST
Compliance with Community Development Code.
Sections 18.114.090(E) and 18.114.145(A)(1) and (3) are satisfied. The existing freeway oriented
sign received a Sign Permit approval (SGN 90-0071) in 1 990 and satisfied the criteria for
freeway oriented signs. The exception is necessary to make the sign visible from Highway 217,
specifically southbound traffic. The existing 32 foot sign had adequate visibility as the adjoining
property was undeveloped in the area of the sign. In 1994, the adjacent property constructed a
30 foot high building addition (SDR 94-0005). This addition obstructs a portion of the existing
sign, from southbound Highway 217 traffic. The proposed height exception would provide the
same unobstructed visibility as it did prior to the newly constructed addition. The proposed 40
foot height is under the 43 foot height allowed under this exception provision. Section
18.114.145(B) is satisfied as staff has examined the existing signage and has found the property
to be in compliance with sign standards, with the exception of a temporary banner sign. The
applicant shall obtain a temporary sign permit or remove the banner sign.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Sign Code Exception request will promote the general
welfare of the City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies with applicable
local state and federal laws.
In recognition of the findings, staff recommends APPROVAL of Sign Code Exception (SCE 95-
0001) subject to the following conditions:
1. The applicant shall obtain a sign permit. Along with the permit application, the
applicant shall submit calculations to demonstrate the adequacy of the existing pole and
foundation for the new height.
2. The applicant shall obtain a temporary sign permit for the banner sign or shall remove
the sign.
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Page4
• •
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Prepared by: avereita4-el C,C,"�, .t 6/19/95
William D'Andrea Date
Assistant Planner
Approved by:/a?.0/V 6/19/95
James Hendryx Date
Commmunity Development Director
HEARINGS OFFICER - SCE 95-0001 - OFFICE DEPOT Pages
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' SIGN CODE EXCEPTION (SCE) 95-0* OFFICE DEPOT/MEYER SIGN COO (Page 1 of 1)
NOTICE OF FINAL ORDER BY THE TIGARD HEARING'S OFFICER
EXHIBIT B
ERNEST MARX
13627 SUNSET BOULEVARD
PACIFIC PALISADES, CA 90272
SEAN NEILL
MEYER SIGN COMPANY
7340 SW LANDMARK LANE
TIGARD, OR 97223
OFFICE DEPOT
ATTN: ADMINISTRATIVE OFFICES
10520 SW CASCADE BOULEVARD
TIGARD, OR 97223
• �1
ELECTRICAL
'� SIGNS
r .,0 7340 SW.LANDMARK LN
�) C 71GARD OREGON 97223
CG `��C 503/620-8200
FAX 503/620-7074
May 10, 1995
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Office Depot#810
10520 SW Cascade Blvd.
Tigard, OR
As you may be aware, Office Depot has enjoyed excellent freeway visibility over the
past few years from the pole sign which was installed when this facility first opened.
Most recently,the display has been visually obscured by the construction of the new
Honda building which sets on a piece of property between the Office Depot parcel and
Highway 217. Office Depot has spent much time and money on the existing sign, which
has provided excellent advertising. The new Honda building creates a hardship situation
by obstructing the view and limiting the signs effectiveness and thereby negating the
time, effort, and money put forth by Office Depot.
What we propose is to increase the existing sign height by 8 feet. This extension would
allow Office Depot the adequate exposure to Highway 217. The new sign height would
be no more than 45 feet. The increase in sign height would be achieved by adding on to
the existing pole not by erecting a completely new sign. We feel under sign code
18.114.145 section A.1 and section A.3 this should be allowed.
If there are any questions or concerns, please feel free to call.
Sincerely,
Sean eill
Meyer Sign Co. of Oregon, Inc.
•
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SIGN PERMIT
PERMIT #: SGN90-0071 DATE ISSUED • 08/31/90
EXPIRATION DATE: / /
PARCEL • 1S135BA-03302
ZONE • I-P
BUSINESS NAME..: OFFICE CLUB
SIGN LOCATION..: 10520 SW CASCADE BLVD
APPLICANT/AGENT: MEYER SIGN COMPANY
BUSINESS TAX NO:
- _===== -
SIGN: -
PERMANENT (X) FREESTANDING (X) FREEWAY (X)
TEMPORARY ( ) WALL ( ) ELECTRONIC ( )
OTHER ( ) BILLBOARD ( ) BALLOON ( )
SIGN DIMENSIONS • 8 X 20
TOTAL SIGN AREA • 160 sq.ft.
WALL AREA • sq.ft.
WALL FACE (DIRECTION): NA
SIGN HEIGHT • 35 ft.
PROJECTION FROM WALL.: in.
ILLUMINATION • INT
DESCRIPTION OF SIGN:
Freeway oriented free-standing sign. 8' X 20' = 160 square feet. Internally illuminated w
8 - 10 foot lamps. Sign will be mounted on new pole (existing pole will not support this
replacement sign.).
MATERIALS • SHEET METAL
EXISTING SIGNS • 1
ELECTRICAL PERMIT REQUIRED: YES
BUILDING PERMIT REQUIRED..: YES
ADMINISTRATIVE EXCEPTIONS.: N/A
PERMIT FEE: $ 35.00
IP Al II
APPROVED BY: 401,,410, -
DATE: 08/31/90 , '
. .
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_ _ ELECTRICAL
111011056 SIGNS
7340 SW.LANDMARK LN.
O TIGARD.OREGON 97223
■
503/620-8200
FAX 503/620-7074
August 16, 1990
City of Tigard
Permit Dept.
13125 SW Hall Blvd. --
Tigard, OR 97223
Dear Permit Dept. ,
Attached are the necessary forms to permit new signage for the
Office Club at 10520 SW Cascade Blvd. ; Tigard, OR.
We will be removing the existing sign ( approx. 90 sq. ft. ) and
installing a new sign of 8 ' x 12 ' ( approx. 160 sq. ft. ) . The new
sign is internally illuminated with 8 - 10 ft. lamps. Since the
existing pole is not sufficient to handle the new sign, we will be
installing a new pole ( 12" pipe) and 5 ' x 5 ' x 6 ' deep footings at
the same site as the existing pole. Sign height to be no higher
than 35 feet.
If there are any questions or concerns, please feel free to call.
Sincerely,
gri? Mire87c/)
Meyer Sign Co. Oregon, Inc.
05/10/1995 07:05 2S226 PAGE 02
V'5 OV '1,;5 Try 22017315PO4
•
ERNEST L. MARX
3t777 SAW vxaorre svtatsvANm, sorts ?SO • La AS Cam CALIFOPKA YODw
VIA EACSIMlt.B 209/93:/-5706
Attention: Bob gierejczyk
May 9 , 1995
City of Tigard
13125 S .W. Hall.
Tigard. Oregon 97223
Re : Off; •^,P. rapot
10520 S.W. Cascade
TigFrta
Raising the Pole Sign
Gent l em«n,:
I hats boar, advissed Otelce Depot is c_=.rrentiy ir.: the prr'_Q_,^ : .s.
securing a van ance to raise the ex;::ti.g pole eIgn•
Please consider t1:.is correspondence as formal landlord approval r.t
0ffico Dcwot to proceed with this modification to the e_-zista,Ag
structu.re.,
t'' A xaly,
i ,
4k41-14,14 ‘16
Ernest L. Marx
•
• ICTGL F.01
AY 10 '95 13:38 CHICA 0 TITLE 5036537833 P.1
• 1
PROPERTY PROFILE
PREPARED BY
CHICAGO TITLE INSURANCE COMPANY
Pea3 Prepared for
SEAN NEIEY,
MYERS SIGN CO.
05-10-95:
bate Prepared„
* Re: SEE ATTACHED
ENCLOSED PLEASE FIND THE FOLLOWING
CUSTOMER SERVICE INFORMATION:
TAX PRINTOUT
I
The information on the attached printout Is limited to
records provided by The Assessment & Taxation Depts.
of Multnomah, Clackamas & Washing/on Counties.
O MAP
!] LAST SALE OF RECORD,
O OTHER
ChiCag0 TitI
TRI-COUNTY CUSTOMER SERVICE DEPT. i Early Bird No.. 653-7330
10001 S.E. Sunnyside Road Fax: 653-7853 .
Clackamas, Oregon 97015 cs Fax: 653-7833 •
Phone: 653-7300
WORTH THE CHOICE
•
This title information has been furnished,without charge, in conformance with the guidelines approved by the
State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is
designed to benefit the ultimate insureds; indiscriminate use only benefiting intermediaries will not.!be • ..•-•• ( •
permitted. Said services may be discontinued. No liability is assumed for any errors in this report. '
ORCS-0140(1.95) `"
•
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" 1S135BA-02800 1S135BA-03300
LANPHERE ENTERPRISES INC ACKERLY COMMUNICATIONS OF THE
12520 SW CANYON RD NORTHWEST, INC
BEAVERTON OR 97005 3601 6TH AVE S
SEATTLE WA 98134
1S135BB-00500 1S135BB-00501
HOLCE, THOMAS J HOLCE, THOMAS J
109 N LOTUS BEACH DR 121 SW MORRISON #450
PORTLAND OR 97217 PORTLAND OR 97204
1S135BB-00600 1S135BB-00700
FOURIER, GEORGE PER FOURIER, GEORGE & JAN AND
FOURIER, JAN JACOB LARSON, ALAN W TRUSTEE
LARSON, ALAN W 349 W 71ST ST #1
109 N LOTUS BEACH DR NEW YORK NY 10023
PORTLAND OR 97217
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M:\GISDAT\TIGCOV\NELSDW G\SXN13 3/13/95
SCE 95-0001 ICE DEPOT • (Page 1 of 1)
1S135BA-02800 1S135BA-03300
LANPHERE ENTERPRISES INC ACKERLY COMMUNICATIONS OF THE
12520 SW CANYON RD NORTHWEST, INC
BEAVERTON OR 97005 3601 6TH AVE S
SEATTLE WA 98134
1S135BB-00500 1S135BB-00501
HOLCE, THOMAS J HOLCE, THOMAS J
109 N LOTUS BEACH DR 121 SW MORRISON #450
PORTLAND OR 97217 PORTLAND OR 97204
1S135BB-00600 1S135BB-00700
FOURIER, GEORGE PER FOURIER, GEORGE & JAN AND
FOURIER, JAN JACOB LARSON, ALAN W TRUSTEE
LARSON, ALAN W 349 W 71ST ST #1
109 N LOTUS BEACH DR NEW YORK NY 10023
PORTLAND OR 97217
MEYER SIGN OQMPANY ERNFST MARX
7340 SW LANDMARK LANE 13627 &JNSET BOULEVARD
TIGARD OR 97223 PACIFIC PALISADES CA 90272
•
REQUEST FOR COMMENTS Ao
CITY OF TIGARD
OREGON
TO: Per attached DATE: May 25, 1995
FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea(x315)
Phone: (503) 639-4171 Fax: (503) 684-7297
RE: SIGN CODE EXCEPTION (SCE) 95-0001 OFFICE DEPOT • A request for Sign
Code Exception approval to allow an eight (8) foot increase in height of an existing
sign to a height of 40 feet, whereas the Code specifies a maximum height of 35 feet
for a freeway oriented sign. LOCATION: 10520 SW Cascade Boulevard(WCTM 1S1
35BA, tax lot 3302). North of SW Cascade Boulevard, south of Highway 217, east of
SW Scholls Ferry Road and west of SW Greenburg Road. ZONE: I-P (Industrial
Park) The Industrial Park zoning allows public agency administrative services,
public support facilities, professional and administrative services, financial,
insurance, and real estate services, business support services, manufacturing of
finished products, packaging and processing, wholesale, storage, and distribution,
among other uses. APPLICABLE REVIEW CRITERIA: Community Development
Code Section 18.114
Attached is the Site Plan and applicant's statement for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation
will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment
on this application, WE NEED YOUR COMMENTS BACK BY: Monday - June 5, 1995. You may use
the space provided below or attach a separate letter to return your comments. If you are unable to
respond by the above date, please phone the staff contact noted above with your comments and confirm
your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Department, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments provided below:
—
(Please provide the following information)
Name of Person Commenting:
Phone Number:
SCE 95-0001 OFFICE DEPOT May 25. 1995
REQUEST FOR COMMEI• S'GE-e3,5 -Ox0J
flifIFICATION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS c
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C1T Area: (N) (S) (E) (C) "Placed for review In Ubrary CIT Book" _CPO NO.
..............
Building Official/Dave Scott Police/Kelly Jennings _Field Operations/John Acker
—City Recorder/Cathy Wheatley vEngineering/Michael Anderson Permits Facilitator/Jerree Gaynor
Advanced Planning/Carol Landsman _Water Department/Michael Miller
.............,.........:..:::>:::::::::::::iiiii::::::::::.:.:.;;:.;:.::;.;:;;::<.:;;;;:;:.:;::.>:.;:ei.:.;::::: i::.:>:>; L:btSTRICTS:> s> >:»:>:<:>::>:::>:: s: :'<<:> >;>':>:>:: :>< »<'<>< >'`« > > 3 > <> ><
Fire Marshall —Unified Sewerage Agency —Tualatin Valley Water District
Wa.County Fire District SWM Program/Lee Walker PO Box 745
(pick-up box) 155 N. First Street Beaverton.OR 97075
Hillsboro.OR 97124
:::::::: :::::a:::::%:':':'`::ii::::::::::::::i ii; ::::: ::::::::i::::::: :::> ":V '
Wa.Co. Dept.of Land Use&Transportation_ _Boundary Commission _METRO-GREENSPACES PROGRAM
150 N. First Avenue 800 NE Oregon St.#16.Suite 540 Mel Huie (CPA's/ZOA's)
Hillsboro.OR 97124 Portland,OR 97232-2109 600 NE Grand Avenue
.� Portland.OR 97232-2736
—Brent Curtis(CPA's) !State Highway Division
_Jim Tice(IGA'S) Sam Hunaidi _0007/Region 1
—Mike Borreson(Engineer) PO Box 25412 Laurie Nicholson/Transportation Planning
_Scott IGng(CPA's) Portland.OR 97225-0412 123 N.W. Flanders
Tom Harry(Current Planning App's) Portland.OR 97209-4037
—
Lynn Bailey(Current Planning App's) —Oregon DLCD(CPA's/ZOA's)
1175 Court Street.N.E. —Other
—City of Beaverton Salem.OR 97310-0590
Jim Hendryx-Principal Planner _Ctty of Portland
PO Box 4755 —Ctty of Durham Planning Director
Beaverton,.OR 97076 City Manager 1120 SW 5th
• PO Box 23483 • Portland.OR 97204
—Ctty of King City Tigard,OR 97281-3483
City Manager _City of Lake Oswego •
15300 SW 116th _City of Tualatin City Manager
fang City,OR 97224 PO Box 369 PO Box 369
Tualatin.OR 97062 Lake Oswego.OR 97034
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—General Telephone Portland General Electric _Columbia Cable
Engineering Office _
Brian Moore Craig Eyestone n^ \-,:
PO Box 23416 " -14655 SW Old Scholls Ferry Road 14200 SW Brigadoon Court
Tigard.OR 97281-3416.en '" Beaverton,OR 97007 Beaverton,OR 97005
_NW Natural Gas _Metro Area Communications/Jason Hewitt _Tri-Met Transit Development
• Scott Palmer -`rn''' -- Twin Oaks Technology Center IGm Knox,Project Planner
220 NW Second Avei-Cue' . 1815 NW 169th Place 5-6020 710 NE Holladay Street
Portland.OR 97209-3991 Beaverton.OR 97006-4886 Portland,OR 97232
_TCI Cablevision of Oregon _US West Communications —Southern Pacific Transportation Co.
Unda Peterson Pete Nelson Duane M. Forney.PLS-Project Engineer
3500 SW Bond Street 421 SW Oak Street 800 NW 6th Avenue Room 324.Union Station
Portland,OR 97201 Portland,OR 97204 Portland,OR 97209
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1 Aeronautics Division(ODOT) Divis
_Division of State Lands —US Postal Service
Commerce Dept. -M.H. Park _Fish&Wildlife Randy Hammock,Growth Coordinator
—_PUC —DOGAMI Cedar Mill Station
Dept.of Environ. Quality Portland.OR 97229-9998
—Corps. of Engineers —Other
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