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VAR3-76 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 4.4 • 4.4.44-41.4444.;44..4:-;;,...4,4444.4.4:44.4.4--444;41444444444'4444.,,,W,N4t44%14043,44-obe44,4444444U4441444,4,4444 offigs.,4744--l'Azt,..4.444114,414.444,4400,M,44,4=4041,4,44"344,47-44,,,,,,:04;144 4'4,4474,44,4.,4„4'„k4: 4_430,44,-444,444 ' , illgi IISIMEMNIMINSINESIM , . . 400 t1ILBUR BISHOP , • • ••••• mem Variance (V 3-76) 12294-96 SW Main Street . • • • - t , • •• ).4 , 1 ar'■ 4 • • TIGARD ITY OF TIG A RD P. 0. Bost 23557 12420 S. W. Main Tigard, Oregon 97223 *.; , 1 March 24, 1976 Mr. Wilbur Bishop 10590 S. W. Cook Lane Tigard, Oregon 97223 Reference: File No. V 3-76 Dear Mr, Bishop: Please be advised that the Tigard Planning Commission, at their regular meeting of March 16, 1976, considered your request for an exception to the Tigard Zoning Code to allow a reduced front yard setback at 12294 SW Main St. and your proposal was approved. Sincerely, Dick Bolen Planning Director DB:pt cc: Building Official Note: The following acknowledgment must be received by the City of Tigard within four-been (14) days from your 1,eceipt of thi8 letter. VailUre to return this acknowledgment May result in action by the City of Tigard. hereby acknowledge this letter documenting the action of the Tigard Planning Commission. I have received and read this letter and I agree to the decision here documented and to abide by any tern S and/or con- ditions attached. • signa ure ZEle • • , , V 3 9 STAFF REPORT Tigard Planning Commission March 16, 1976 r ' V 3 76 (Bishop/front yard) Agenda Item 5.5 VARIANCE A request by Wilbur Bishop for an exception to the Tigard zoning code to allow a reduced front yard setback. STAFF FINDINGS �. 1. Applicant's front lot line is approximately 3' fi. behind the edge of the sidewalk -- which is customarily the front lot line. The front yard setback is measured from the property line (lot line) . The result is that the applicant has a front yard (from edge of sidewalk to front of building) of some 18' instead of the customary 10' . 2. The primary purposes of a setback these days is to provide adequate visual space adjacent the street, for adequate light, air and open space, and to prevent one structure from visually 'blanketing" or hiding another. 3. Tigard code (section 18.30.040 and 18.12.050) requires re ua.res a 10' Setback, but does permit a 2' projection into the front yard area.. 4. The 'building lines' in this area is established principally ,'. 1aya�.ticula.rl wall sincef i thessthenonland loan bu�.ldirig adjacent (p "' y !mix building adjacent) . The savings and loan building apparently conforms to the setback regulation subject of this request. p 5� The aa�l�.cantrh�SoGbta�.ra.�oer��,o� prow' for adequate parking. provide f road right-of-way (for andunspecif�edalength grnofttime) fora hi .• right-of-way p � ) is off-street parking however, the long, ... narro.. w c o n figura t . on of the parking easement does no a allow enou g h room to turn around, creating a problem with people attempting backing movements into the street. The only F solutions staff sees to that parking is for en. exit to �be provided at the rear of the p g ar..a, or for a turnaround area to be notched-in' to the building site. 6. This parcel predates p S he City}s zoning ordinance and time of its creation the City code requirements we e at the � im �� cat in re n, existence. The ado p tio n of the Caty t s zoning ordinance with its parking and setback requirements therefore created certain n M „-.,x• .,,r.:., .;.i1xxY M .'1e "n;f ,rvx� 7'•xi • ,arc. ew 11,Y y,.*... n„ Hi .,'a.iff-:.::A�..—....:,e-1..:.,..'.':�:.k«::ia'as:a...:- page 2 ,°. , . PC Staff Repor 'r,,.. 3/16/" 6 item 5.5 hardships for small parcels such as this. 7. Applicant's statement of hardship is attached; please refer to section 18.76.020 TMC. STAFF RECOMMENDATION L. h To be advised a ..i i,! . h 'N ii . ' It i 1 r p@ . 1 1 , ] 1 4. 4 cc Purpose of the Recillested Variance: 1. This is a request to vary the required front yard -10' setback to a l'-6" setback. Such a variance would not be detrimental to the purposes of the zoning ordinance, nor to the adjacent properties. • If the variance request is granted, the feasibility of developing the property as anticipated would be greatly enhanced. 2. The site in question is extremely small and difficult to develop. There is an 8'-6' strip of land between the sidewalk and the property line which could be utilitzed as a partial substitute for the re- quired 10' setback. If the variance, were not allowed, the required distance from the sidewalk to the building would be 18 '-6". This • is a tremendous amount of land to set aside for such a small site, (almost 1/3 of the site) . 3. Although some other properties in the vicinity have the same requirements, neither the savings and loan or the market on this side of Main street are faced with the size restriction of this site. The variance requested will, if granted, anable an attractive development of the property, 4. This variance would not be detrimental or contrary to the pur- pose of the zoning ordinance. in fact, it would enable the owner to upgrade the property to enhance the City' s desired improved appearance of Main Street. The one problem created by virtue of the granting of the variance is that the freestanding savings and loan sign may not be as Visible to northbound traffic. However, • the view of the building sign would not be obstructed. 5. In light of the 8 '-6" strip between the sidewalk and the property line, this request would seem to be in keeping with the intent of the zoning setback requirement. Because of the small Size of the site the variance requested iS necessary. 1 ( 1 ..11' t.00 raaa,aa ,e,at vaaaaa.04,4,4 aa'afi r4i nAr ft MINUTES 1, V Tigard Planning Commission March 16, 1976 - 7:30 p.m. Twality Junior High School - lecture room 14650 SW 97th Ave. , Tigard, Oregon • 1. CALL TO ORDER: The meeting was called to order at 7:40 p.m. by Commissioner Popp in the absence of Chairman Porter. 1 2. ROLL CALL: Present: Moore, Nicoli, Popp, Sakata, Wakem, Goldbach; staff: Bolen and Laws Absent: Porter and Ems 3. APPROVAL OF MINUTES: The minutes of 3/2/76 were approved as read. 4. COMMUNICATIONS: None. 5. PUBLIC HEARINGS 5.1 CONDITIONAL USE CU 10-76 (Scherr) A request by Michael Scherr for permission to operate a billiard parlor and equipment sales establishment at 12760 SW Pacific Hwy. • (continued from March 2, 1976, meeting) Staff Report: read by Bolen - reiteration of the staff findings of the 3/2/76 meeting B. Applicant Presentation: o Mr. Scherr stated that he had made a parking lot survey at the hours of 12:00, 3:00 and 6:30 p.m. at which time he stated that at no time was there fewer than 30 vacant spaces during the weekdays and during the weekend there were a minimum of 15 spaces available. o Mr. Jim Sutton, speaking on behalf of Mr. Schen-, pointed out to the Commission that an additional 14 spaces were available on the adjoining tax lot for the proposed use. C. Public Testimony: None. D. Staff Recommendation: DENIAL, bused on findings stated in the staff recommendation of 3/2/76. E. Rebuttal: o Sutton stated that with the additional 14 parking stalls sufficient parking needs would be met for the proposed facility. L . page 2 PC Minutes March 16, 1976 F. Commission Discussion and Action: o Nicoli stated that he felt that staff was saying that any owner of the subject property could not use the site because there would be insufficient parking to meet the off-street parking requirements of the Code. o Sakata stated that the proposed use would generate • more parking needs than were available on the site. o Wakem asked staff that, given the 14 additional parking spaces, how much short would off-street parking needs be? o Popp stated that, upon his observation of this site, he saw that at no time would there be a parking problem and that he could not deny a request based on lack of parking. o Nicoli moved for approval on the findings that there was a community need, that sufficient parking existed on the site, that no adverse traffic effects would,be created on Pacific Hwy. and that the applicant had shown that there were no other suitable sites available to operate his business. o Seconded (Popp) . o Motion failed by a 4-2 count - Nicoli and Popp, aye ; Sakata, Goldbach, Wakem and Moore, no. o Mr, Schorr was informed of his right to appeal the Planning Commission decision toe City Council. 5.2 ZONE CHANGE ZC 8-75 (NPO #3) 0 Request for approval of rezoning of lands within the boundaries of NPO #2 Plan for Derry Dell-Foot of Bull Mountain Area to conform with the adopted Comprehensive Plan, as amended. A. Staff eport: read by Bolen. Bolen gave a brief explanation . of the intent of the zoning proposals to bring lands into conformance with the adopted NPO #3 land use plan, B. Public Testimony o Attorney Lou Fasano, speaking on behalf of property • owner Dan Pollock, stated that his client had not received notice of the rezoning hearing. • S page 3 PC Minutes March 16, 1976 o Wakem asked Fasano if his client was opposed to the • ) • rezoning. o Fasano responded affirmatively, because his client was losing a unit per acre under the proposed re- , zoning and it becomes a matter of economics. C. Staff Recommendation o Staff recommended APPROVAL on the condition that the rezoning not be sent along to the City Council until an R-10 zone has been .acted upon by the Planning Commission. • o Nicoli recommended tabling this item. • Sakata motioned to postpone until the Commission can act on the R-10 zoning ordinance amendment. o Seconded (Nicoll) . o Approved unanimously. 5.3 CONDITIONAL USE CU 11-76 (Tigard Community Youth Services) A request by Tigard Community Youth Services, Inc. to oper- ate a youth counseling center in a C-3 (general commercial) zone at 13400 SW Pacific Hwy. (Wash. Co. tax map 251 2CC, tax lot 100) . A. Staff Report: read by Laws. B. Applicant Presentation o Pat Furrer, attorney for the applicant, presented the request for the youth counseling center, pointing out the established community need for such a facility. o Mike Pieracci, counselor for the proposed center, stated the program hours of operation would be from noon until 800 p.m. C. Public Testimony o Larry Shannon, the Board Chairman of the Tigard Youth Services, thanked the people of Tigard for their assistance in the proposed youth counseling center. , 1 , Di Staff Recommendation: h endation: APPROVAL with the following conditions 1. That a conditional use permit be granted for a period of one (1) year. . • • k page 4 PC Minutes 3/16/76 2. That if the applicant desires an extension of the permit at the end of the 1 year limit, the site would be subject to full site improvements, to include landscaping and paved parking areas to be approved by the Design Review Board. E. Rebuttal: None. F. Commission Discussion and Action o Nicoll stated that he disagreed with staff's one year conditional use proposal on the basis that it would be dictating the Commission's action at which time this conditional use proposal would be subject to review and subsequent renewal. % I o Wake m moved for approval with staff recommendations. 0 Nicoli seconded. o Unanimously approved. 5.4 VARIANCE V 2-76 (Hakola) • A request by Jerry Hakola to grant an exception to the TMC Section 18.30.040 - Front Yard Setback Requirements and Section 18. 60.120 - Minimum Space Requirements for Off- street Parking in a C-3M (General Commercial Main St. ) zone at 12380 SW Main St. (Wash. Co. tax map 2S1 2AB, tax lot 4000) . o Mr. Nicoll excused himself from sitting in on this item, stating that he had had exparte contact with the applicant. A. Staff Report read by Bolen. • B. Applicant Presentation o Charlotte Olson o designer for the proposed project, stated the reasons for the variance request and answered verbally the hardship questions as they pertained to Section 18,76.020 of the TMC. • C. Public Testimony: None. D. Staff Recommendation: APPROVAL, subject to the condition that, contingent upon the construction of a municipal parking lot on the present feed store property at Main and Tigard Streets, Mr. Hakola would agree to provide his share of the construction costs of such a project. Hi 8 share of the 008'b would be for the construction of 4 parking stalls. page 5 PC Minutes q, 3/16/76 E. Rebuttal 0 Staff read into the record a letter from Charles McClure, (Main St. property owner) in favor of the proposed project. In addition to Mr. McClure 's approval, staff informed the Commission that Mr. Ralph Peters (Main St. property owner) had stated his approval of the project as well, • F. Commission Discussion and Action A o Wakem made a motion for approval of the front yard setback variance of 2i ft. , waivering the parking lot requirements and subject to the condition as stated by staff. ' t o Seconded (Moore) . o Unanimously approved. 0 , 5.'5 VARIANCE V 3-76 (Bishop) A request by Wilbur Bishop to grant an exception to the Tigard Municipal Code, Section 18.30.040 - Front Yard Set- . back Requirements in a CS-3M zone (general commercial Main St. ) , located at 12296 SW Main St. (Wash. Co. tax map 2S1 2AA, tax lot 5000) . A. Staff Report: read by Bolen B. Applicant Presentation: o Tom Whittaker, architect for the project, commented on items in the staff report and stated the intent of the variance, mentioning the reason 6 for the hardships on the subject property. He further stated • that there was room to maneuver cars in the area shown on the submitted site plan without backing out onto Main St. This would require, however) approxi- niately 4 maneuvers to accomplish the turn. Whittaker further stated that this was a request for a setback variance and not a parking variance, although a problem with parking does exist. o Wilbur ishop, the applicant, explained to the Com- missioners the setbacks from the property lines to the existing buildings (both tishopis property and Washington Federal Savings & Loan) . O. Public Testimony o Staff read into the record a letter from Charles page 6 PC Minutes 3/16/76 McClure' (Main St. property owner) stating his • . approval of the proposed project. D. Staff Recommendation: APPROVAL E. Rebuttal: None F. Commission Discussion and Action o Wakem moved for approval of the variance to encroach 8i ft. into the right-of-way on the basis that the proposed project was highly desirable. o Seconded (Sakata) . o Unanimously approved. 5. 6 SIGN CODE REVISION SCR 1-76 A proposal to amend the Tigard Sign Code (Chapter 16, TMC) . to establish free-standing sign size standards according to traffic speed and number of travel lanes and to eliminate free-standing sign size restrictions based on lot frontage; also to reduce the maximum permisiible height to 25 ft. A. Staff Report o Bolen explained to the Commissioners the intent of the proposed revisions as they pertain to 1. free-standing signs 2. wall signs 3. signing in shopping centers and commercial plazas 4. window display signs 5. awning, canopy and marque signs 6. incidental signs • Public Testimony: None • C. Staff Recommendation: Staff recommended that the comments made by the Com- missioners during the course of discussion on the sign code be taken and incorporated within a redrafting of the sign code. • D. Rebuttal: None E. Commission Discussion and Action P ( page 7 PC Minutes 3/16/76 o Sakata motioned to continue the hearing on the sign code revision at a later Planning Commission hearing. o Seconded (Goldbach) . o Unanimously approved. 5.7 ZONING ORDINANCE AMENDMENT ZOA 2-76 A proposed amendment of the Tigard Zoning Code to amend chapter 18.20 to include a new zoning classification for 3 dwelling units per acre (R-10) . Staff informed the Commission that a public hearing notice had not been given in the local newspaper and therefore • should not be heard at this time and that this item should be heard concurrently with the NPO #3 rezoning at the next Planning Commission meeting of 4/6/76. 6. OTHER BUSINESS , 6.1 CONDITIONAL USE REVIEW Cu 21-75 Conditional use review of Georgia-Pacific Corporation's bake-out oven. o Laws informed the Commission that a condition of the permit for a bake-out oven on the Georgia-Pacific site was that it be subject to review within 90 dayS after operation had begun. Providing that no deleterious effects had been generated from the use of this oven, • the conditional use permit would remain in effect. o The Commission chose to postpone action on this matter until Commissioner Ems was present to comment on this item. 7. ADJOURNMENT: 11t00 p.m. . 1 CHARLES J. IVIrCLUR.E RECEIVED ATTORNEY AT LAW 12425 S.W.MAIN STREET MAK 113 1976 POST OFFICE Box 23215 TIGARD, OREGON 97223 CITY OE TIGARD TELEPHONE (603)639-4108 • • March 16, 1976 s7 kfr! Planning Commission City of Tigard Tigard, Oregon 97223 Re: Hearing - March 16, 1976, on Variance V 3-76 (Bishop) Lady and Gentlemen; I am the owner of the building at 12425 S. W. Main Street. This is to advise you that I am in favor of the variance requested by Mr. Wilbur Bishop, and that I believe the granting of the same and his construction of a building on the property site will be a welcome addition to the Main Street area. Further, it is my personal feeling that spocial consideration should be given to the owners of small sized oil' odd shaped commercial lots in this area to make them buildable if at all possible. Very truly yours, 4.42442>M4,111,44.1.---/_,f7 Charles j, IVIC(04,ure cir CJM:ij • .. . , . ti , ., . . , , • . , .. , . -, ,,,,,,,,,.....„,„,..,.,,,,-...„,,...,,,.... ,,.,......„:..-,.::—..:z....,..L,L.:::-.A.44,•.,P,,,,, ,"4.,.,,,,-.4„, 7' ... - = ..',.x.tga.r,,,,,.....x.,.....,,,,.,..........„,A,, • . . . . . ... . t .. . . 4 l' .. i . 5 5 . .11, ,." • - • . 4 '1.' . t AFFIDAVI'll a PUBLICATION ,„,,, , ..,:,. ,-,4611..t(,t,':'OP),IAAtitO„Iit'AgINGiiilr''.-. ,k....,:,.,,,,,,,,,,,,,,',-, ,,,,:.,--,'4;',.■, ',,^," !'.,..';:•.''.,'.,', • ',,,,'.',):14P'.:41'l'i. l'''';'1.:'^'' B'1,,,..e i,,:',:;',■4...,,i:,'.',.,*,,' ,,:`•`°.?.;!''.'.,P;11 . . . , , 7,%1' ,'li'4',■''';',,`.."',.;■'.4,,,,,,,,';',''1..,''r,7"*.!,.',',,"::,''''''::',''',-':■,',.';'e, , ." STATE OF OitEGON, ..17,44,"',,,' ,'Ativi4r,4''',":;1'2';'(, ■tir..,:',-'t:' I.. ,,; ,...! 4,:m-OTAiiiiiiiii.g.r,CoffiMiO‘Slo)64t 1 ss, , COUNTY OF WASHINCTOM *at.Oiii4kA0704,4011i30iIiii,,, ''.:',..,,,,,'', ..-' , "': .;, '., . 4 ,„;;; i,.,. , r.g.:;r.,, i . ,,;,?:,: 44,,,.. :i t,,,,,„ .,. ,,,A., , , ,,.., ,Q,,,,,A. ,i; 4ii'VitIbt,Qt''' fib'4chotitif' t'tiotitto I, ... ,..„—,.,.„". .....acc,s.6.1)11.—SebArtet ft46'0'gW'qiii'Vr.6*'fiiitid: 04iii"'''''''.1, , 1 l' ..„.....'.:g ,.. ;!. 11, 'r,‘ ,.„' ■YA,'-■4''' .-a, ,,-/-....ovzOgiciictt4,QE.'.'2C,'4, 0:itN.P. :,-i i. being first duly sworn, depose and say that I am the publisher ............--,.-,—.... Way:=,406,iiiiaffitiii,aoi,6..7.1.60,-i8,.:. - • ; itymxtEkricia,',Withoy,:thtil)ound4riOs',',Of,nH., , /.. '. ......;.. -of The Tigard Tittles, a newspaper of general Circulation, as defined L','-,l4PQ:',1,40,i..,;'!0:11i,ioiodeliiiit,;40,044,00, I Oki140k:410:40c114,l:A0e00i,;0111.04. i 'thtlithe adO,ptfd Citii4folidiali,to':Plitit by ons 193,010 and 193,020, published at Tigard i in the aforesaid county and ,' ,, , , ;I, ' ' ,MsAItterRe.c,t - i . ,',.:5';-,t,NtAitteitittAt.'2413114A1COL,'44, ,.. is hereto . state; that the legal notice, a printed copy of which s a aunexed, was ;::,:'' 'il-fliy.,,,,tek6gutikotintiiTiiiiiiliii4 ,. ,, 2 , i4001,tk,i#3.0,:',.twjs-441.Tigi,V,'4,,,.,.'1Y42ttitt9,-Pr400,', ' published in the entire issue of said newspaper for „„.------- successive and -;:,coOk:s6e;gtielyti.''4,0',3m1)40.4..',''''',17,1,,x,.00,',,ynot;'N ., .',ieibliOk S .i` . , :0640i tetiiO4.tC .and'$00f00 • consecutive weeks in the following ISUeS AS,60j204:Min4iiM Si6dfteili,e4 Hiiif$ 'f6?'.Ott...$4.'"Ofl'AilOiiiiii.'i'041Vk.,':. : • March 4 & I A.• i976 • the'Iitehotirtiotithioitiglsohic'Scygi,c ......._ ...... .. ,....._..„.„...4.4, . ..... ....1.1.1.............'.,.....1.4.,... .11.,■.6.6.1. .,.12siso SW Main st4,.(Wash.,,,,c.. .,„ , h 46:t i.#4,,,, . 1 ,.' • ',;•`'2a Aij ttiiti')t iloi6)'''.P ' ''Y'i"' i'',.' .. ' i., i. , . „ 4:ig.:;;:,,,,-*4,y,, .. (sig• u ) • 63' CONDITIONAL. . •-.,,,p•sg,ii.„1r,4114)4 ) ,,. 'CU coopiuhoyltrolh,4 '''4 itt '10'4 '''Seiiii6,13)1j44,idttiOSt,,,bYIlhit iltolti4X. . • .. ....,1 N46i.t...d M 0 0 0... N..:,1,,,,,,,, ',iiiiltilt9let)4th.8614.ileeiqn&'tii opetii"," 'Sub's.b,tiliedilh 's*orn to before me this -..........:11...:.::::.:h..„,-.„,.. day of -,.... ,',-ii ,ig., t,,,,,,ii,,,1-,,:; .°' -.1,..,,,..„c '-!f',d.■ ,L....;., . ..,..,,, '44 `,::,•."`Z, ' .(:,#,,,,ST trko, MA Se log , f, . t•P''' (general commercial)'Y':** :'.0.18460,'W'',''' • 'Z .,, ,,r,i.MaTicil 76 Pacific Hwy. Co. $st,',',„',.: • '.,.4......,,,,,„,..,,,,..,:,..—.... .4 • ,:gCClialiiit,100),4J:'i.',,,r;,4,6';'', • ">:-.`Itihiii,6 4=VARIANOi V 346:(B1otiop)'', ',I.,,,o,v c..1 • ',' , ;.,,', :,,i / , '7.,,,',7, %,,,it:. 8%,:i/4'9,4: ' • alle e., y ..4.„,-A.o.titit*,,,bywil4tie:gtohop:.'togt4frit' ' y ,,,„,,,I,V,';',4,,,,,,,,,,,..,,ty, i,,,,, ,,,,,..,......„:.... .(4.,,,, „„. •, • ;''iiiii''i.)ke,ePtion:':td-titiO:.11,goit'iNithlidool,•'„,-2 -i,.,u,,-4 ,.,,, . c.„,,,,,,,••:,-, Notary PO• d of Oregon '' 'de"."Sdiltin16.301)40' Vi(o'ne.Y.' 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That I served notice of hearing of the Tigard Planning Commission of which the attached is a copy (Marked Exhibit A) upon each of "he following named persons on the ___ te day of 1/ 4/.. , 197L , by mailing to each of them at the address shown on the attached list (Marked Exhibit B) , said notice as hereto attached, deposied in the United States Mail on the qft day of . , • • postage prepaid- . . 4 I , Subscribed and sworn to before me on this '" day of . , 1 r *61\'';';'"''''*.''' 14'.''li•,' r ■ t r r 4, 1/4k, # * '', ?„, ' ',I,i Z Notary Pti , lo of Oregon . . 4-.: . ,,, A.!,,,;,.,,t. •rt My coruni8sion expires: .a- • • v A . 64,..400 . , . . 1., . v 3 --9';614."' .(. ..• '''" ('',, . . 1: I, ; 0-.... ) . . .,; ft- (7. (.5o 0‹) ) . . _.. . . . .. . . , ...' ,,. . .. . . . 60o ' , : . //6Y5'.2 1'(4 (ii,--,p(' . . 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L NOTICE OF PUBLIC HEARING AGENDA Tigard Planning Commission March 16, 1976 - 7:30 p.m. Twality Junior High School - Lecture Room 14650 SW 97th Avenue, Tigard, Oregon 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF MINUTES: , 4. COMMUNICATIONS: 5. PUBLIC HEARINGS: 5.1 ZONE CHANGE ZC 3-76 (NPO #3) Request for approval of rezoning of lands within the boundaries of IINPO #3 Plan for Derry Dell-Foot of Bull Mountain Area" to conform with the adopted Comprehensive Plan as amended. 5 VARIANCE V 2-76 (HAKOLA) A request by Jerry Hakola to grant an exception to the Tigard Municipal Code Section 18.30.040 - Front yard setback require- ments and Section 18.60.120 - Minimum Space Requirements for Off-Street Parking in a C-3M zone (general commercial Main St. ) at 12380 SW Main St. (Wash. Co. tax map 251 2AB, tax lot 4000) . 5. CONDITIONAL USE PERMIT CU 11-76 (Tigard Community Youth Services) A request by Tigard Community Youth Services, Inc. to operate a youth counseling center in a C-3 (general commercial) zone at 13400 SW Pacific Hwy. (Wash. Co. tax map 2S1 2CC, tax lot 100) . • 5.4 VARIANCE V 3-76 (BiShoP) A request by Wilbur Bishop uo grant an exception to the Tigard Municipal Code, Section 18.30.040 - Front Yard Setbaok Require- ments - in a C-3M zone (general commercial Main St. ) , located at 12296 SW Math St. (Wash. Co. tax map 251 2AA, tax lot 500) . • 6. OTHER BUSINESS 7. ADJOURNMENT: t • Meetings of the Tigard Planning Commission are governed by provisions pf Title 2 of the Tigard Municipal Code prid QRS chapter 2?7. Under thoSe statutes, certain standards are established for the conduct of public meetings, It is the policy of the Planning Commission to adhere to a format in the Public Hearing process that is designed to affovd the applicant and any objectors an opportunity to be had and to allow the Plapnin& coMMission the opportunity to - obtain sufficient factual and subjective inforMatioll Qr Which to has their decision. Accbrdingly, the following format will be f9llowe0 Public HearitigAggned A. Staff Report B. Applicant's Presentation C. Public Testimony D. Staff Recommendations E. Rebuttal/Cross Examination Public Hearing_plosed F. Commission Discussion and Action • A recorded transcript is kept of all Planning Commission meetings and a transcribed text can be made from that record, should anyone so depire, but at their own time & cost. All testimony offered in a public hearing must b identifiAle,so, befOre testifying, please address the president of the Planning Commission and identify yourself. Any testimony offered is subject to cross exaMlnatlon and/or rebUttal, so be Pre- • pared to defend your position. All actions of the Planning Commission MVst be based on findings under provision of ORS Chapter 215,055, Generally those findings will be made with respect to particular conditions or circumstances of the site and the proposal and will address the following points: 1. Comprehensive Plan conforMance; 2. Changes in local condition Or prtVious error supporting 4PPli"Int°8 request; 3, impact on adjacent properties and on the community; • 4. Availability of other suitable locations; 5. Impact on public services and facilities; 6, Community need • • ,f ' � '" .. M._ « ._.�........_........_.�.....,,-,.—�...........,..4...,..,....•.....«......_•...,...-...._._..............�_.—.._.x...,;.++.t...,..�.���-�.._,..,�M. .. .. � ti «� ..., ..,.....,..n...»..r.. •.,,+...a.....-wn.,...,•.......+.•..•m•.....ti.,+a.,,-..n,,.-.-M.....-,..,+ % ,i . e ( '. ZONE CHANGE -- CONDITIONAL uSE - VARIANCE TEMPORARY ..JE. NON7CONFORMING USE REQUESTS . • APPLICATION File ` • Fee Rec 'd,' ,/.:2 -; °=-- Tigard Planning Commission 639-4171 . Receipt # 3 7< / 12420 SW Main St: , ,Tigard, Oregon 97223 •.-•�- --��- ------ Date Rec 'd: ' 3 - 37 '7, , • PLEASE PRINT. zl INK OR TYPE Action Requested ' VARIANCE BuildinSback ` 1 , . Applicant's Name WILBUR A. & MARTHA E. BISHOP Phone 639-1052 • . \; r Applicant's Address 10590 S.W. Cook Lane. Ti:ard Ore!.on 97223' " • .. ` , •,` scree , city t sate zip • owner's Name WILBUR A.& MARTHA. E. BISHOP , . Phone' 639--1052, ./ ' Owner's Address 10590 S„W. Cook Lane, Tigard, Oregon • 97223 2 ' cr see city state zip Applicant is:. Owner X Contract Purchaser Developer Agent Other • Owner Recognition of application: • ��i,�-fit ,� _ J - ' �� . .) r 1 x • 'a re, o owners i f Person res p onsible for ap p lice tion WILBUR 'BISHOP' �;• 10590 S.W.-Cook Lane, Tigard, Oregon 97223 wtree state zi ... — — - ,_.' PROPERTY INVOLVED: Tai Ma p # 2812 AA Tax Lot C0... N1 1 . • Addre s s, ,,12294.& 12296 .11. ria.n.�Street_ igarc a won Area b 04. (acres)war. ..:�.,_ . `existing Buildings (# and type), 5 rues i , Current • zonin g CbMr { ' Current en U se f . Applicant's Applicant's: No Change Proposed Zoning Proposed Use apit. r , ssioNAB 1 SUBMISSION REQUI* D+ I ...T8 Title Report ' ' -tr t • Agits liegal Description Vibinity Map • Tax Map site DeVe1opinent Plan e,"- Site Plea ..., ,,,,..,,,•. ., �.,. �,..i•,..,, ..,� ..,.,: ,,. ,.,, .,. �.. ,,,.-,.,� .,. .,. .. . .. Y,','il«.,,.y n x,,m^,,n, ,W,xT �. u:w.;r„+ n,n,a .f .j 1 . 1 ..;..._..u„+ •.pairxxs:.",,..�....,__.,,_...,,,,_..._..ik_.A:4_,.s;.ti..,.«.:+.:--.::.,u.,.::+x.+.fe..s.i:n:;1:,."'..:..w:.2;«.,i'} Si.:n:.:;.:-.,+•...::;fi:J:�N..,",is;•,;-'s'S=-:tY._.,3..:.:—aa...1v: v_iw::s:Y:u--=e:e.r:A_xwa......_:.::c..:r.c.mtxiuwn:u_;w ...-- _ _ ... .. _ ..,.. ,«,..-. * r , „ ' '. Paling Bureau for Tille insurance Companies In()Jerson Standard Coverage Policy Form Revised 7-74 FORM NO 0-4000 Policy of Title Insurance , issued by . n ,, ' , iransamermaIiIo I Compaiiy . . R • , ,, . ; • a California corporation, hereinafter called the Company, for a valuable consideration paid for this policy r of title insurance, the number, date, and amount of which are shown in Schedule At does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorney's fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured.shall sustain by reason of: , f ; 1, Title to the land described in Schedule A being vested,at the date hereof,otherwise than as herein stated;or • • 2, Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarket= • ability exists because of defects, liens, encumbrances,or other matters shown or referred to in Schedule B; or 3, Any defect in, or lien or ehcumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Schedule of Exclusions from Coverage; or 4, Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land;or 5, Priority,at the date hereof,over any such mortgage or deed of trust, of any lied or encumbrance upon said land, , except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority, Exclusions from Coverage and the Conditions and 5 • , all sub ect however,to the Schedule of E. g Conditions Stipulations hereto annexed, ' ) t t ,, which,together with Schedules A and B are hereby made a part of this policy, hi iWttness Whereof,f, the Company l an " has caused its corporate name to be hereunto affixed by its duly authorised ()liken on the date shown in Schedule A, ' , iansameiica h u e Insurance Cen pany ,4 • Y Prenident r. . . . Secretary • . . . . . . + _� ..„ , .. „ . , :.L....—+.....+.-.., +....+:...ci�...,,..w.»...:A:»tlll�niYU.lfl.ti'. vR—• • FORM NO, 0.4000.1 RATING BUREAU FOR TITLE INSURANCE COMPANIES IN OREGON STANDARD COVERAGE POLICY FORM REVISED 7+74 SCHEDULE A ,Amount ,$ , Premium $ 7 0, 00 Policy No, 21-0248 . Effective Date September 23, 1975 at 5 : 00 P. M, INSURED 'r. MARTHA E. BISHOP and WILBUR A. BISHOP u ' The fee.simple title to said land is,at the date hereof,vested in MARTHA E. BISHOP and WILBUR A. BISHOP, The land referred to in this policy is described as See en6losed Exhibit "A" . sk • 1 Order No. 21-0248 EXHIBIT "A " Beginning at the most Westerly corner of MORIN'S ADDITION, (now • vacated) , to the City of Tigard, Washington County, Oregon, said point also being the common point of the centerline of Pacific Highway West and the Northerly right of way line of the Southern Pacific Railroad in Section 2, Township 2 SoUth, Range 1 Weet, of the Willamette Meridian, Washington Coanty, Oregon; thence from said point of beginning in a SoUtheasterly direction along said Northerly railroad right of way 100.36 feet, more or less to a point which is also the most Westerly point, along the said railroad right of way, deeded to Washington Federal Savings and Loan Assoc- iation, recorded May 20, 1968, in Book 695 at page 170, Washington County, Oregon, Deed Record, thence in a Northeasterly direction perpendicular to said railroad right of way line a distance of • 35 feet, more or less, to a point on the Southerly line of Lot. 2, MORINS ADDITION to the City of Tigard (noo vacated) ; thence North7 westerly along the South line of said Lot 2 to a point in the center of Pacific Highway West when said Southerly line of Lot • 2 is extended; thence Soullh 47° 55 West along said center line to the point of beginning. -*•.>:w..._;-to-•..:.:+'::C-:.....,..._.-,...x=,.::..:..•:..::u..L!:...�:.._e4 ,a.r...:s,::,;,,:-. ._.:-a+a.-:x•F:Kx.hi:.:;;..::J";.�:;o-7w.'...;r9,t;E',i::ti &;nLie3vi2 r.:c:':.Z':.,�..;::r.:,tti,:ro[ux...:.-.at'rrox:':i'e-..7-.,..x..�Y«,._..era::ac:-=:.a::...,s.:j°�:;,..:m•:w„G:...:...r�:r.� d• • FORM NO., 0-400042M ... RATING BUREAU FOR TITLE-INSURANCE COMPANIES IN OREGON STANDARD COVERAGE POLICY FORM REVISED 7-74 - - STANDARD LEASEHOLD'POLICY FORM REVISED 9-74 SCIIE[;)ULI ,I. This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or • all of which arise by reason of the matters shown or referred to in this ,Schedule except to the extent that the owner of any mortgage or deed of trust is expressly ihsuresi on page 1: of this policy. Part 1 1, Taxes or assessments which sire not she►wh As existing liens by.the records of any taxing authority that levies taxes or 11Aties5111(tnts on real property'or by the public:records; proceedings by a public agency which may result in taxes Or assessineuts,or notices of such proceedings, whether or not shown by the records of • . such agency or by the public records. 2, Any facts, rights, interests, or claims which are not shown by tire public records btu which could be ascertained by arr inspection of Said latni Or by rh:tk lag inquiry of persons in possession thereof, 3, Easements liens or encumbrances, or claims thereof,which itiC not shown by the public records; trnl►itt- i , by public 1 . '' enteel Mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to water, 4. Discrepancies, conflicts irr boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. • PART II; Liens, encu►itbrances, defects and other matters affecting title to said land or to which said title is sub,je t, as hereinafter sot forth: The rights of the public in and to that portion of the above property ptOpOrty lying within. the limits of S ,w: Main Street Policy No , 21-0248/sk - 1 • • , • 1h HOMEOAA ' ER'S ADDITIONAL PROTECTION INtrORSEMENT . Issued By Transamerica Me Insurance Company . The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy td the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this the same percentage,. any, by which the United 1Stagy s Depart- ment of Commerce Composite Construction Cost Index (base period 967)ef the Indorsement) by m mp ' . • month of September in preceding the highest Index number for month September immediately previous year which is subsequent to Date of Policy; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated ` ` in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. settlement of any the Company under said Policy, the 4. In the fan claim against amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the claimant aimant first learned of the insured or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. g g . .. . • Nothing contained shal:L.be construed as extend or changing the effective, date of said Policy. This indorsement is made a part of saidP Policy to the schedules, con- ditions This licy and is subject and stipulations therein, except as modified by the provisions hereof: lnnsamericabfle Insurance Company \W. Ns& h tlt der Preetden ; th A T/A indorsement Form No. 0 T/A-2 144;4140110.49' • 1 , . .., . . . . , ... . 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