VAR2-80 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PLEASE NOTE: The original paper record has been archived and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.
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SHELL OIL CO. V 2-80
9785 SW Shady Ln 200
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15. TEMPORARY USE TU ,,r, ) (Oak Hill Investments Company NPO E3.
A request by Oak Ai11 Investments Company for a tempAsary use permit to place a
manufactured model home on SW Pacific Highway south of Fairhaven Way, north of :.
SW Gaarde Street for a period of time in excess of six months (Wash. Co. Tax Map
2S1 3DD, Tax Lot 900) .
(a) Public Hearing Opened
(b) Planning Director gave brief synopsis of request by applicant regarding the
placement of a model home (manufactured) on SW Pacific Highway. i
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- . (c) Public Testimony L
1.
Proponents: Mr. Roger Stever, 7941 SE Johnson Creek Blvd. , representing i;
Oak Hill Investment Company, requested Council approve request 1:'
and answered questions of Council. I .
Opponents: None 1
(d) Planning Director recommended approval of request for a maximum period 1 ,
of two years and requested the following conditions be enacted. ,
1. Project be subject to Site Design Review to ensure adequate landscaping, etc. j
2. Model not be required to connect to public sewer or water services.
(e) Public Hearing Closed --
(f) Council discussed whether model should be connected to sewer and water and i .
noted that current model, located elsewhere in the City, was not connected.
"' 'L (g) After lengthy discussion, Councilman Cook moved to approve the temporary t
use request for two years with the two conditions as requested by Planning
Director. Motion seconded by Councilman Brian.
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Approved by majority 3-1 vote of Council present. Councilman Scheckla ::
voting Nay.
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APPEAL PUBLIC HEARING
. I.
6. VARIANCE V 2-80 (Shell Oil Company) NPO #2
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The Planning Commission denial of a request by Shell Oil Company for a Variance
to allow additional sign height located at 9785 SW Shady Lane (Wash. Co. Tax Map
1S1 35B, Tax Lot 200) , which decision has been appealed to the City Council, :.
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All testimony was limited to a summation of previous statements.
(a) Public Hearing Opened
(b) Planning Director summarized request by applicant and stated the Planning i.
Commission had denied the request. ,3.
(c) Puui ic Testimony i
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Proponents: Mr. Richard Hollingsworth, real estate representative for Shell `!.'
Oil Company, 1425 NE Irving Street, Portland, requested Council
uphold the appeal and allow the gas station sign additional height k.
as traffic on Highway 217 is no longer able to see station due s .
to development along the highway. He noted that this creates a
hardship on the owner as business has been reduced. _`:
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Mr. Tom Doll,, 11500 SW 90th Avenue, Tigard, owner of the Shell
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PAGE 4 COUNCIL MINUTES - MAY 19, 1980 ,;c
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Agas station, requested Council uph l,.d the appeal as business, is
suffering due to the obscruing of the signs from Highway 217.
• Opponents: None
{ (d) Planning Director requested Council deny the appeal and uphold the Planning
Commission's findings.
(e) Public Hearing Closed
,.h
(f) Motion by Councilman Brian, seconded by Councilman Cook to deny appeal and
uphold Planning Commission's findings.
Approved by majority 3-1 vote of Council present. Councilman Scheckla voting Nay.
Planning Director left: 9:00 P.M.
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17. LERON HEIGHTS INTERCEPTOR DISCUSSION
`..; (a) Mr. J. Allan Paterson, 11605 SW Manzanita, requested Council take action to
Y make a determination regarding the funds being held by the City for Leron
k;
Heights sewer connections. Mr. Paterson noted his attorney, Mr. George
Burney was present if anyone had any questions of him. Mr. Paterson
requested Council release funds being held, and if collection was too much
of a burden to the City that Leron Heights Interceptor would take it over.
4.:; (b) Lengthy discussion followed regarding the right df the City to collect funds,
CC hold funds, and to the legality of the contract which was signed with the
Leron Heights Interceptor Corporation.
(c) Motion by Councilman Brian to release impounded funds with whatever
interest that might be due and that the contract continue to run its
course and the City not continue to collect funds for connection to the
interceptor for Leron Heights Interceptor Corporation. Motion seconded
by Councilman Cook.
Approved by unanimous vote of Council present.
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18. G. I. JOES/WAREMART PRELIMINARY PLAT APPEAL REQUEST CONSIDERATION
(a) A letter was presented from Mr. Stephen T. Janik, attorney for J. B. Bishop,
withdrawing appeal, noting that Planning Commission will reconsider the•m.atter
at its June 3, 1980 meeting.
19. RESOLUTION No. 80-42 A RESOLUTION REQUESTING RECONSIDERATION OF THE POSTED SPEED
ZONE(S) ON S.W. 121ST AVENUE BETWEEN SW SCHOLLS FERRY ROAD
AND SW WALNUT STREET.
(a) Director of Public Works recommended Council approve resolution and request
State Speed Control Board to consider changing the posted speed zones on 121st
Avenue.
(b) Motion by Councilman Cook, seconded by Councilman Scheckla to adopt and.
forward to the State Speed Control Board.
Approved by unanimous vote of Council. present.
PAGE 5 - COUNCIL MINUTES - MAY 19, 1980
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r AFFIDAVIT OF PUBLICATION _ CITY OF`TIGARD , . .
PUBLIC NOTICE
STATE OF OREGON, • NOTICE•IS HEREBY GIVEN THAT . ;;
T iE;City Counciiywi t,consider the '. i.
COUNTY OF WASHINGTON, ss' " following at.fowler-Junior. High!,, I:
_• School.Lecture Room,.10865.SW"Wal- .
Joseph Schafer . nut, Tigard, Oregon, on May 19, 1930
ZO 1E CHANdTZ'Z'C-5-8O (Dennis
P. . g rst duly sworn, depose and say that I am' the publisher ...____.._....___._.... O'Neel)NPO No.:2,.
heirs fi - -,".
A.request by Dennis R. O'Nee1:for a i
... ...... ........of The'Tigard Times, a newspaper of general circulation, as defined Lane Change frolTL Washingtari>..
, County by ORS 193.010 and 193.020, published at Tigard, in. the aforesaid county and Single RU-4 to,' City of ti Tigard.Pc- '
"Single-. Family Residential zone,.
located'adjacent to the north side;of
state; that the legal notice, a printed copy of which is hereto annexed, was SW North Dakota,-210"feet west,of SW J'
• 95th-Avenue and 250°feet. of SW:. I
published in the entire issue of said newspaper. for ..._......2.................. successive and 92n1 Avenue(WasI Co.,aaX' ia3 Ltks
consecutive weeks in the following issues , --.._...,,... __...-..__.__•..... 35AC,Tai Lot 700).. = : '. r,
• ZONE.°.CHANGE;'ZC.:?-80: (L a ry, t
• Leahy)NPca ,,.r.
--May--7•,.-gz 14 .19.8.0-._- -._ _ -__ 1�o..2• .,..
rM A recquest;by'Lars Ley for'. zonajl ;
C , 1 chang o asb , aP;CPtnity 1 x
.. (5 s jai e}� to City of.'Tigard!.:Comprehen;:.i�e tit,i
,,Zone Designation A-12 "Multifarnii ,
zone located fronting;approximate';iy
Subscribed and sworn to before me this -..,._.15.t.h..._ day of 220:feet on the a side.of Greenb zr e ;,t
Road and 250 feet`north of DakOta..¢
—May 19 80 !�i► Street (Wash: Co.. Ta �,.Nlap.rxSlr,35,}'s
Tax.Lots 700 and 300). -';a. .1,�::°
. 41.444 .,--4,44-44) . — ZONE CHANGE PLANNED
‘jil-',.., '--
D FVFI,QPmENT'.DISTRICT ZCPP:= Notary Public of regon ;"
_ 9-S0 (Park;Place Condominiuxrs),NPf 'c- ;
COMM,; i3 _ . ' - ,..d..",� No.2, - �. k f. k
My commission expires A request by Joseph VanLora For a•` '
Zone Change from R-7"Single:Family
" "_ —., Residential" to A 20PD "1vlultifamily -- r
- .Planned Development District";(con-' i"
" '.yt.,.i Yfl*.n•t.fil V-.•.Yr.to"?.".:lS.M»#.-,n..,+y+Y'v,r^^..,,. ,.. ,,..r.t-'ttrv'"v . .:r v, .r _ ,a,.,, , . .. . .. . ... .. .
dominiulns) 'which is in keeping 1Fwith - ` li. • the Comprehensive Plan Designation „
located at. 11900,SW 98th Avenu 4
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• Lots 2200 ancL2300). : ,.. rt.as' ' r ,; 1,.
PUBLIC NOTICE OF APPEAL, •:'
- VARIANCE V 2-80 (Shelf Oil:Com-
pany) NPO No •2.: • .
I The Planning.Commission denial:of"a:'4 I
r request by Shell Oil Company,for a _ Ii
Variance to allow. additional` 'sigrk •
•' .height located,at 97$5,SW Shady Lane..: i''
h 35 Ta .T0 _"
.(Was_ Co.C; 7C I~ &� .
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. 200),which:decisio hasbeenti'.app Iad`t .
. • to the City-Council •• . .,,, ':..c:4-,. .
:w. Testimony will be-limited,to a.sum.-
• ..•mations of previous.statement: •
't BY ORDER OF THE,CI Y comm.:-,. "' r ,
' - Dori• Marti °4,.i '
C.ity'.Recordes:� •r4Y °° .
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Shell OH Company 4E' f:
P.O.Box 14337
MAY 1 , 1980 Portland,Oregon 97214
CERTIFIED MAIL Telephone:(503)233-8471
RETURN.RECEIPT REOUFSTED
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City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
Attention Tigard City Council
Re: Notice of Appeal - Planning; Commission
action of April 15, 1980 concerning Variance V 2-80
Gentlemen:
I am in receipt of the planning director's letter dated April 28, 1980
wherein he has advised that we must file our appeal under Section 18,92.020
of the City Code. Therefore please be advised as follows:
1. This letter is a Notice of Appeal of the action of the City
Planning Commission regarding our application for a variance
of the City sign code on April 15, 1980.
2. Name of Petitioner - Shell Oil Company.
3. Action of the Planning Commission - The commission denied the
application.
4. Reasons for our appeal :
a. Shell sincerely feels that we have met the four conditions for
granting a variance contained in Code Section 18.76.020.
b. Shell feels that the hardship created by construction of the
office building abutting our property is so severe that the
City Council should hear our application.
ca The transcript of the hearing will show that many of the
planning commission agreed that a severe hardship existed
we feel that their decision, on the matter was made
based on discussion by the planning department that the
sign heighth would set a precedence and we disagree with
that conclusion.
Our check in the amount of $250.00 is attached and we respectfully request
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that you place this matter on the City Council agenda as soon as possible®.
Thank you®
Yo I s ' ery truly,
•Na P. 'STAROP 1I I
District Sian.•er •
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Attachment
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art OF TF/
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WASHINGTON COUNTY,OREGON
April 28, 1980
Mr. N. P. Staropoli
District Manager'
SHELL OIL COMPANY
P 0 Box 14337
Portland, Oregon 97214
Dear Sir:
We are in receipt of your letter dated April 23, 1980 which states your
'wish to appeal the Planning Commision's action of April 22, 1980
Variance V 2-800
Please be advised that under Section 18.92.020, Appeal to the City Council
.'. .."Notice of appeal shall state the name Of the petitioner, date, action
of the Commission being challenged and the reasons for such an appeal”.
A fee of $250.00 has been established by the City Council for appeals to
defray transcript and public notice costs.
Should you wish to continue this matter, please forward an adequate appeals
petition to the City Recorder with the fee. You will be placed on the •
City Council agenda as soon as possible, hopefully by the fourth week in May.
Y0, t
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P - ing Director
Aitymc
cc: City Recorder, Doris Hartig
City Attorney, Joe Bailey
• Planning Commission Chairperson,' Frank Tepedino
12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171
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:$ Shell Oil Company
P.O.Box 14337
Portland,Oregon 97214
APRIL 23, 1980 RECEIVED
APR 2 5 1980
City of Tigard CITY OF 'MAD
12420 S.W. Main
Tigard, Oregon 97223
;y Attention City Recorder
Reference: Variance, V 2-80
Dear Sirs:
Reference is made to your letter dated April 21 , 1980 and received
on this date which advised us that the subject Variance request was
denied.
Please be advised that we wish to appeal the decision of the Planning
Commission to the City Council at the earliest possible date.
Thank you.
f
Yours very truly
N. P. STAROPOLI
District Manager
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WASHINGTON COUNTY,OREGON
April 21, 1980
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SHELL OIL COMPANY
1425 NE Irving Street
Portland, Oregon 97232
REFERENCE: VARIANCE, V 2-80
Dear Sir:
p.°,ease be advised that the Tigard Planning Commission at their regular meeting
of April 15, 1980, denied your request for a Variance to allow additional
sign height at the above referenced project.
This proposal was denied due to Staff Findings and Recommendation.
Action of the Planning Commission is final unless notification of appeal
to the.City Council is filed with the City Recorder within twenty (20)
days of the Planning Commission's action.
If we can be of any further assistance, please do not hesitate.to contact
this office at. 639-4171. .
Yo z y, �,•
Aldie 'ward
ning Director
Myrna
--- 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 ----- ---
^41111Esigigameni..
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APRIL 15, 1980
Tigard Planning Commission
12420 S.W. Main .
Tigard, Oregon 97223
CONCERNING: V2-80 FOR A VARIANCE TO ALLOW ADDITIONAL SIGN HEIGHTH
Dear Sirs:
I am the owner of the land on which Shell Oil Company has constructed their
service station at 9785 S.W. Shady Lane in Tigard, ,-
I wish to state for the record that the lease between me and Shell was
negotiated and signed on the strength that Shell would have a highway sign
g Y 9 n
that would identify the station to both north and south traffic on Oregon
State Highway 217. P .
I want to varify that I negotiated a sign easement with Shell which they
used until the state took the easement property for roadway purposes. I
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also wish to varify that I did not send the hearings notice on the Tarbell
building until sometime after the hearing date. The reason for this was '.
that I thought Shell would receive a notice also. Will you please put
Shell on the list of people to be notified as well as myself.
Between the City and the State the service station on my property has been
completely cut off from view of Highway 217 and now you want to take away
the only identification they have left, their sign. As the lessor and tu.
owner of this property, I urge you to grant this variance so that my
property rights are preserved and . o that the Shell dealer and Shell Oil
Company are removed from this economic hardship.
Thank you.
./(%!E)e'45/..Zgo-r_
CONRAD E. ANDERSON
P.O. Box 982 {{
Lincoln City, Oregon
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AGENDA ;
__:, �_� ,•• TIGARD PLANNING COMMISSION
April 15, 1980 - 7:30 p.m. � b
Fowler Junior High - Lecture Room 1.
10865 SW Walnut Street, Tigard
1. Open Meeting: } '
2. Roll Call:
3. Approval Of Minutes From Previous Meeting
4. Planning Commission Communication: .
5. Public Hearing:
A. Staff Report .
B. Applicant's Presentation
C. Public Testimony
1. Proponent's
2. Opponent's
3. Cross-Examination
• D. Staff Recommendations
E. Commission Discussion and Action
5.1 SITE DESIGN REVIEW, SDR 61-79 (Alexander) NPO #4
5.2 ZONE ORDINANCE AMENDMENT, ZOA 6-80 (City of Tigard) r.
5.3a ZONE ORDINANCE AMENDMENT, ZOA 4-80 (City of Tigard)
5.3b ZONE ORDINANCE AMENDMENT, ZOA 5-80 (City of Tigard)
5.4 ZONE CHANGE, ZC 12-75 (Greenway Town Center) NPO #7
5.5 VARIANCE, V 4-80 (Meekoms/Ascot Center) NPO #5
5.6 VARIANCE, V 3-80 (Natkin Company) NPO #5
5.7 ZONE CHANGE, ZC 5-80 (Dennis O'Neel) NPO #2
5.8 CONDITIONAL USE, CU 3-80 (Ronald Wirth) NPO #3.
5.9 VARIANCE, V 2-80 (Shell Oil Company) NPO #2
6. Old Business:
7. New Business; '
8. Other Business:
9. Adjournment
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PUBLIC NOTICE
TIGARD PLANNING COMMISSION � a z 5
April 15, 1980 - 7:30 p.m. :`'
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard •; :
s,.
5. Public Hearings
5.1 SITE DESIGN REVIEW, SDR 61-79 (Alexander) NPO #4
A request by John D. Alexander to appeal the Planning Director's Conditions ..
placed upon development of an addition to existing restaurant located at
11688 SW Pacific Highway (Wash. Co. Tax Map 1S1 36CD, Tax Lot 1800 and 1900) .
5.2 ZONE ORDINANCE AMENDMENT, ZOA 6-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance Text Amendment for
Chapter 18.20 of the Tigard Municipal Code deleting "R-15 "Single Family
Residential" Zones. a _.
5.3a ZONE ORDINANCE AMENDMENT, ZOA 4-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance Text Amendment for t'
Chapter 18.36 of the Tigard Municipal Code relating to the "Highway
Commercial" (C-5) Zone.
5.3b ZONE ORDINANCE AMENDMENT, ZOA 5-80 (City of Tigard)
A request by the City of Tigard for a Zone Ordinance Text Amendment for ..
Chapter 18.32 of the Tigard Municipal Code creating an additional Conditional
Use in the "Residential , Commercial" (C-4) Zone.
• 5.4 ZONE CHANGE, ZC 12-75 (Greenway Town Center) NPO #7 s'
A request by Dr. John S. Foster for a major change in the occupancies allowed r
in Greenway Town Center - more specifically, the allowance of a veterinary
clinic located at SW 121st and SW Scholls Ferry Road (Wash. Co. Tax Map
1S1 34B, 501, 502, 401) .
5.5 VARIANCE, V 4-80 (Meekoms/Ascot Center) NPO #5
A request by Daniel A. Meekoms for a Variance for two signs in a "Commercial
Professional" (C-P) Zone for the Ascot Center located at 7155 SW Varns Street
(Wash. Co. Tax Map 2S1 1DB, Tax Lot 900) .
5.6 VARIANCE, V 3-80 (Natkin Company) NPO #5
A request by Olson Argo Architects for a Variance from the side yard setback
requirement of twenty (20°) feet in a "Light Industrial" (M-3) Zone to •'
ten (10') feet on a 4.19 acre site located at 14725 SW 72nd Avenue (Wash.
Co. Tax Map 2S1 12A, Tax Lot 1902) .
1
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PUBLIC NOTICE
TIGARD PLANNING COMMISSION r .. .
April 15, 1980 -- 7:30 p.m.
page 2
5.7 ZONE CHANGE, ZC 5-80 (Dennis O'Neel) NPO #2 •'
A request by Dennis R. O'Neel for a Zone Change from Washington County RU-4
to City of Tigard R-7 "Single Family Residential" Zone located adjacent
to the north side of SW North Dakota, 210 feet west of SW 95th Avenue and
250 feet east of SW 92nd Avenue (Wash. Co. Tax Map 1S1 35AC, Tax Lot 700)
5.8 CONDITIONAL USE, CU 3-80 (Ronald Wirth) NPO #3
A request by Ronald Wirth for an extension of one (1) year for the Conditional
Use 32-78 located at 13800 SW 110th (Wash. Co. Tax Map 2Sl 3DD, Tax Lot 1300).
5.9 VARIANCE, V 2-80 (Shell Oil Company) NPO #2
A request by Shell Oil Company for a Variance to allow additional sign
heigth located at 9785 SW Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax lot
200) .
TT Publish April 2 and April 4, 1980
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a^.
MINUTES .`.
TIGARD PLANNING COMMISSION
April 15, 1980
Page 6
5.9 VARIANCE v-2-80 (Shell Oil Company) NP0 #2
A request by Shell Oil Company for a Variance to allow ;a
additional sign height located at 9785 SW Shady Lane (Wash®
Co. Tax Map 151 35B, Tax Lot 200).
Howard read the STAFF REPORT and RECOMMENDATIONS.
Richard Hollingsworth, real estate agent for Shell Oil Company,
1425 NE Irving St., Portland, made the APPLICANT'S PRESENTATION. He i..
described the location of the property and the impact of the near ':
Tarbell building on the visibility of their sign from Highway 217
to northbound travelers. He stated 70 per cent of their business
comes from off the highway, making identification by means of their
sign very important. Shell Oil Company was not notified of the hearing
on the variance of the height of the Tarbell building, although the .
property owner was notified and forwarded a copy of the notice to Shell
about a month after the hearing was held; hence Shell's nonrepresenta'
Lion at that meeting.
Hr. Hollingsworth detailed the history of permits issued for
buildings and signs in this location. He considered the four require-
ments for a variance in turn: exceptional or extraordinary
R .
conditions apply in this instance, because a previous use has been
taken away from these premises (i.e. an identifying sign visible from
Highway 217); (2) this variance is necessary for the preservation of
the property right previously granted by the City; (3) the variance
given to the adjoining property to exceed by eleven feet the building .
height limit is materially detrimental to the applicant's property;
and (4) the variance desired is the minimum which will alleviate the•
- j pit
Hollingsworth reported that in response to Howard's suggestion, e
investigation does show there is a location on the Tarbell property
which has been offered to Shell by Tarbeliwhich would give the desired
risibility, but that Tarbell would expect a monthly lease rental for
its use and Shell did not feel having to pay a rental for this was
right under these circumstances.
PUBLIC TESTIMONY was given by Tom Dahl, operator of the service
station, who favored the granting of the variance, stating the Tarbell
building denies the station the identification it had before the building
was built°
Howard read into the record a letter from the owner of the property,
Conrad Anderson, who asked for the preservation of his former property ✓
right (i.e. a sign visible from Highway 217).
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MINUTES
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TIGARD PLANNING COMMISSION
April 159 1980
Page 5 :
Zone located ad34cent to the north side of SW Nor`.h Dakota,
210 feet west of W 95th Avenue and 250 feet east of SW 92nd
Avenue (Wash. Co. .-'c Map 151 35AC, Tax Lot 700 ,
Howard read the STA ' REPORT and RECOMN NDATIO,r S. '
There was no APPLICANT PRESdTATION mar PU.'•LIG TESTIMONY,T--
, ACTION: Smith certained from staff '`.•
COMMISSION DISCUSSION ACTION.
there will be a full local stret on the boun ry of Lots 700 and. 501,
thus eliminating flag ots to t'..a east of th9 subject site. At 4
Speaker's request, Howard expi. ed the top9traphy and the options
open to the developers to bring -ewer servi ee to these two developments,
and the extent of half-street imp`ovement=/along North Dakota.
Bonn MOVED approva3. of Zone C •ge !C 5-80 based on Staff Findings
and Recommendations. Helmer seconded t�e motion, which was unanimously
carried.
�,. `r
50.8 CONDITIONAL USE, CU 5-80 (wo`•ald Wirth) N 'r #3
i
A request by Ronald Wirth for a ension of:.o .e (1)
year for the Conditional Use 2-78 1 orated at 13800 SW
110th (Wash. Co. Tax Map 2S1/3DD, T-L• Lot 1300).
Howard read the STAFF REPO*S and REC.' t ENDATIONS. He reported the
status of the development of Ed/ Gause immz,diately north of the site,
and stated Mr. Gause is ready .f. develop th street called for but Mr.
Wirth is not ready to finance /°s portion o ` the conditioned street,
and apparently needs time to -ell his proper •, s Howard recommended
consideration of a less-than tine-year extensih'n—perhaps 90 days.
There was no APPLICANT'' PRESENTATION nor .`UBLIC TESTIMONY on this
issue,
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COMMISSION DISCUSSION ND ACTION: Discussi centered on how
to be sure of getting Mr. `ir th's half-street imp's ovement within a
reasonable time in view o }r. Gauss's desire to s. pply his half of
the street fairly soon. ffter weighing pros and c., s, it was MOVED
by Smith that Condition- Use CU 3-80 be extended fkr one year, with
an additional Condition hat the applicant post a bold for the .half--
street improvement assu-ing completion of his half.seet improvement
within the year. Tepe•ino seconded the motion. The .amifications of
this condition and the situation upon failure or inabi'.:,'ty to post this
bond were outlined. he motion then carried unanimously .
: 5
MINUTES
TIGARD PLANNING COMMISSION
April 15, 1980
Page 7
COMMISSION DISCUSSION AND ACTION: Funk recognized the hardship
but could not agree to raising the sign to 63 feet, Howard explained
the owner of any off—site sign location would expect lease payments®
Smith explored the situation had Tarbell, not asked for and received
a variance from the 35 foot height limitation, Considerable discussion
} ensued, and it was finally concluded even a 35 foot building would
have obscured the sign at the permitted sign height, Likewise* increas-
ing the sign height eleven feet or a little more would not give the
.�...4 desired visibility over the present Tarbell building, which is eleven
feet over regular building height.
- A Tepedino asked what the suggested lease payment to Tarbell was.
:f Mr. Hollingsworth stated the matter had not been pursued--they were
} unwilling to make any payment for such a lease. It was brought out
that the Mobil station_ sign across Greenburg is 55 feet high, but that
the property was annexed to the city after being developed to county
standards, Tepedino felt the city should not be a guarantor of the
value of this property for service station purposes. Smith inquired
if there are other high signs along 217, to which Howard reported
there are none. Speaker pointed out that earlier in the evening we
had denied an identification sign along Highway 217 for another
applicant. He suggested a possible solution is a highway facilities
sign such as is common along I. 5, giving the facilities gas, food,
lodging, etc.--on which the Shell and Mobil and other logos would
inform motorists of the facilities available at the next exit.
Howard explained the intent behind the city's sign code, and
reported every effort has been made to enforce it in order to minimize
signs in the community, recognizing nevertheless there are some notable
nonconforming signs at the present time.
-After considerable discussion Smith observed it appeared Shell's
sign would not have the desired visibility whether or not the variance
had been given to the Tarbell building. He thereupon MOVED . or ,:4enial,
based on Staff Findin s__ rid RQgaggangat;nog. of varianc77717671.477777
777 7rtue motion, which carried unanimously,
OLD BUSIN Howard anno'nced there would be a study session
with the City Coun'. '1 on May 5 in this room. He called attention to
the issues outlined ~..n Presid- t Tepedino's letter of April 9 to Mayor
Mickelson, and urged eommissoners to add any other concerns which
occur to them, Miss He., on ;� nquired whether it might be advisable to
have a meeting only of thePlanning Commission prior to the meeting
with the Council. A dinn-`',.meeting in the back room of Floyd's on
Tuesday, April 29, at 7 per.\eras decided upon.
NEW BUSINESS; Hoard pre.4-nted the resume of Joseph Jebbia, of
Jeb's Seafood Market, for a posi,, ion on NPO #1 for approval by the
x n.
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ri
MINUTES .. ,
TIGARD PLANNING COMMISSION
April 15, 1980
Page 8
Commission* It was the .ense of the Commion this application be
approved and sent to the City Council f■,. appointment„
•
Howard brought up hi memo stat' g Tualatin Development Company
wishes the Copper Creek Pl- ned Dev iopme.nt to be developed in stages,
with Stage 1 being 23 5,0Ova squa foot lots off Picks Court at the '.
west side of the Copper Cree'_ de..f elopment. Howard presented the
Problems he foresaw if this approved, There was considerable
discussion, including argume - s for the planned development concept
on this site by Vlad Voyti1 - `•f Tualatin Development Company, Speaker
suggested the developer had�ev3rything to gain by being put on the
May agenda, since by the Arne w the meeting the Planning Commission
would have had its irate r nal stuk, session and the study session with
the City Council, and ould be i'q as good a position as it ever would
be to consider the prposala Th was the consensus of the Commission*
Smith called Jttention to a =ubdivision in which a natural area
is being filled a , and he caution•d that if the tree roots are covered
very mach there ;Mould be nothing b Pt dead trees there a year or two
hence, Staff ' aware of the probl!,m and will keep checking on it,
The mee °n; adjourned at 9:58®
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STAFF REPORT .
AGENDA 5.9 `
• TIGARD PLANNING COMMISSION
April 15, 1980 - 7:30 p.m.
, Fowler Junior High - Lecture Room ' ,
10865 SW Walnut Street, Tigard ' ; •
clAik '
,,¢ DOCKET: VARIANCE, V 2-80 (Shell Oil Compare 4 . ' .
°' APPLICANT: Mr. R. E. Hollingsworth OWNER: Mr. Conrad E. Anderson (Land)
A.. SHELL OIL COMPANY - P 0 Box 982
1425 NE Irving Street Lincoln City, Oregon 97232
4. Portland, Oregon 97232 OWNER OF FACILITIES:
' SHELL OIL COMPANY
APPLICATION
DATE: February 25, 1980
t.
1. LOCATION
SITE: 9785 SW Shady Lane (Wash. Co. 1S1 35B, Tax Lot 200) NPO #2
REQUEST: For a Variance to allow additional sign heLjht.
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PFEVIOUS ACTION:
Applicant states that in 1971 he received a Building Permit from the City of
{ Tigard which included a permit for a thirty-five (35') foot highway sign. Staff
is unable to document this statement from•our records. We do show a Building
Permit issued in 1973 for an addition to the present building.
I. FINDINGS OF FACT:
1. Chapter 18.74g* Variances of the Tigard Municipal Code Section .020 Granting--
." Conditions states as follows: .
."No variance shall be granted by the Planning Commission unless it can be
shown that all of the following conditions exist:
(1) Exceptional or extraordinary conditions applying to the property that
do not apply generally to other properties in the same zone or vicinity,
which conditions are a result of lot size or shape, topography, or other
circumstances over which the applicant has not control;
(2) The variance is necessary for the preservation of a property right of
the applicant substantially the same as is possessed by owners of other
property in the same zone or vicinity;
(3) The authorization of the variance shall not be materially detrimental to
' the purposes of this Title, be injurious to property in the zone or
vicinity in which the property is located, or be otherwise detrimental
to the objectives of any City development Flan or Policy;
(4) The variance requested is the minimum variance from the provisions and
standards of this Title which will alleviate the hardship."
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Iv: STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 15, 1980
V 2-80
Page 2
2. Tarbell Company was granted a Conditional Use to construct a real estate
office building eleven (11') feet above the allowable building height by
the Planning Commission on August-2i, 1979. Surrounding property owners
• were notified of this hearing and this particular applicant did not respond
• at that time (Reference CU 15-79)
3. Chapter 16.40 Special Types of Signs, Section .090 Outdoor Advertising Signs,
part (2) Height, states:
"The maximum height of an outdoor advertising sign shall not exceed thirty-five
(35a) feet from the ground level at its base."
III, CONCLUSIONARY FINDINGS:
` 1. Applicant is proposing to raise the current sign twenty--eight (28') feet :'
above the maximum height allowed in this zone if this Variance '.s granted.
•• 2. This proposal violates the Code, Section 16.40.090.
3. Applicant has not met the four (4) conditions for the granting of a Variance
contained in Code Section 18.76.020.
III. STAFF RECOMMENDATION:
• i .
., Staff recommends denial of this Variance for the following reasons:
1. No evict*once has been submitted which proves that the Variance Conditions
have been met.
STAFF NOTE: in an effort to help this applicant, Staff contacted the owners of
the Tarbell Building concerning the possible placement of a sign along 217 on
the Tarbell property. Tarbell agreed to lease space to Shell Oil. Shell Oil
, was not willing to lease the space. . In this particular case, it does not seem °i
appropriate to Staff to simply raise the existing sign to a height of sixty-three f',
(63') feet! If this same logic was applied throughout this City, we would
experience less than desirable consequences. Staff has tried to reduce the visual x,{`.ft,d
effects of signs through the use of the Sign Code as approved by the Planning t`'`lt',i�
Commission and 'the City Council. We have been very restrict��_ve and. try to limit .
signs to one (1) freestanding installation per site.
Prepared by Aleiv 4.ward, Planning Director
AHvmc
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TRANSCRIPT OF PLANNING COMMISSION HEARING
140 -i 15, 1980 - Agenda Item 5.9 - She11 Oil Company
a Fowler Junior High School - Lecture Room
•
10865 SW Walnut Street - Tigard, Oregon
Present for this hearing:
Commission: President Tepedino, Commissioners Bonn, Funk, Helmer, Herron,
KolleaS, Smith, Speaker
Absent: Commissioner Popp
4,
Staff: Howard
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Tepedino: Five point nine is a variance, and we will have the staff-
'
Howard: This is Variance 2-80, Shell Oil Company; the applicant is Mr.
, a. E. HollingswoL*th, the owner is Mr. Conrad Anderson, and the
application date was February 25, 1980; the site location,
; , '.
, 9785 SW shady Lane, Wash. Co. Tax Map 1S1 35B, Tax Lot 2.00,
, I
NM #2. Request for variance to allow additional sign height.
Howard. then read the Staff Report, which includes t
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Staff Findings and Staff Recommendations, attached
as Exhibit A.
•Tepedino: Thank you, staff. May I have the applicant's presentation?
Howard: We would like to add this letter also, when you --
Tepedino: Okay.
Hollingsworth: My name is Richard Hollingsworth. I am the real estate repre-
sentative for Shell Oil Company, 1425 NE Irving, in Portland.
I hope that you ladies and gentlemen have viewed the site since
•
we have made our application, because if you have, you will
notice that to the north of the intersection the overpass com-
pletely occludes our service station from the north; and the new
building, the Tarbell building, now completely blocks any kind .
. of view from 217 from the south. '
When we originally came to the city for our permits--building
permits, sign permits--it was stated to the city that basically
on any kind of a freeway location we are going to have some kind -'
of visibility to the traffic arterial. (A few words lost here,
but the sense is traffic on 217) . . 0 day, and that is what
we are selling to. Seventy per cent of our business goes to ,
traffic on 217.
In 1971 this body within the city gave as a building permit and
• a sign permit--35 feet in height and eight foot for the sign. .
We have been able to barely get over the overpass as far as our
sign to view to the north, and we have had no restrictions to
visibility for our sign from northbound traffic on 217. The
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TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
April 15, 1980
Hollingsworth: Tarbell building, whatever it is named, now completely occludes
(Cont.) our sign. We have no visibility to 217 at all. And had we been
notified--Shell Oil Company been notified--we would have been
here at the time that the conditional use permit and variance was
before this body in 1979. But our landowner, or our lessor,
was notified. He sent us a copy of the notification an additional
month after this C.U.P. and the variance was passed.
know you have read my application, or at least my remarks on
the application, but I would like to answer the staff report
just a little bit. Mr. Howard phoned me on the 30th of March
and told me he had for the city no records of our building permit
or our sign permit in 1971, which 1 made the statement,in my
application, so I had sent him copies of those permits on the
31st of March I make note that we were not notified--Shell was
not notified--our lessor was notified by the city of the earlier
application by Tarbell, not only to build the building, but to
raise it eleven feet over the maximum limit. The proposal to
raise the sign 28 feet was based on our bringing a boom truck
out there and raising the sign so that it is barely visible
over the top of Tarbell's building. And I have some pictures
I have sent to Mr. Howard in that regard showing it at that
time as it was raised over the roof and over the building--
just barely.
He makes the statement that we do not meet the section on
variance as far as Code 18.76.020. I would make the statement
that we feel that based on the Code, that "exceptional and
extraordinary conditions" exist in the instance, where a previ-
ously granted use has been taken away from the premises. Ve
feel that an approved variance is necessary for the preservation
of the property right previously granted to us by the city. We
feel that the authorization of the variance previously given to
the abutting property owner is materially detrimental and
injurious to our property, based on the city's previous granting
of a sign permit. "The variance requested is the minimum vari-
ance from the provisions and standards of the ordinance which
would alleviate the hardship.e Those are the four points he
makes in the staff report.
And lastly, Mr. Howard did call me and made the statement that
he could provide for us a place to put the sign in front of the
Tarbell building, and I came out and visited the site with Mr.
Bob Irvin, and it was feasible to do that at the head of the
property, excepting for the fact that the Tarbell Company wanted
to sell us a lease-rental, for each month that we had the sign,
and I don't think that that is right.--we were given visibilitT
of our sign at 35 feet that has been taken away from us I would
very much appreciate if we were to be allowed to raise the. sigu
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TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
pril 15, 1980
.
Hollingsworth: so that we do have the visibility that we need from 217. We
(Cont ) really have to have it. Thank you very much.
.. Tepedino: Thank you Mr. Hollingsworth, Any other parties wishing to
,
speak in favor of this proposal? Those in favor?
, .
Howard: We have that letter . . . (broken off by change of tapes)
•
Doll: (Note: Jerry Doll, operator of the Shell station, testified
Very briefly. He asked for the identification denied by the
. Tarbell building. His testimony was lost in the change of tapes.)
°
Tepedino: Any other parties wishing to speak in favor of this proposal?
Any parties wishing to speak in opposition to this proposal?
(To Howard) Can we enter that letter on the record?
Howard: (Howard then read a letter dated April 15 from Conrad E. Anderson,
Lincoln City, Oregon, owner-lessor of the property, copy of which
• is attached as Exhibit B.)
Tepedino: Thank you, staff* Any cross-examination or rebuttal to the
evidence presented tonight? I close the public hearing portion
on this issue,• Commissioners? Commissioner Herron?
Herron: X don't really have a problem with it, I felt like I knew it •
was going to go up higher because I am sign-defensive, but I
appreciate what he is saying..-it can't be seen on this particu-
-, lar property to get into the service station.
Tepedino: Commissioner Kolleas?
Kolleas: Well, I think what bothers me is that we granted the Tarbell the -
height on their building which covers this sign--I don't think
that's fair.
Tepedino: Commissioner Funk?
Funk: I might say I take exception to staff....the parties have shown a
hardship. I think we all realize there is a hardship on that
piece of property. But I don't think I am in agreement with .
raising that sign 6 feet. But surely staff must be able to
work out some other kind of satisfactory conclusion,
Howard: We tried that,
Funk: Did you explore all avenues, or just try one?
. Howard: No, we explored the avenue that would have provided a sign with .
1
the Tarbell people, and Shell didn't want to pay for the lease*
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TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
ApA 15, 1980
Howard: Now if they don't want to pay for the lease, then I can't find
(Cont.) them another piece of property that's not going to have the same
request. If you want to put a sign on my property, you pay the
lease. Now that's reasonable,
Funk: I can sure understand that, but I think we did take the sign
right away from this piece of property, And we must somehow
accommodate the situation, even if we have to agree with the
63-foot height, God only knows how that's going to look. I
am sure we have to allow some kind of identification.
'4 $peaker: Now there is another service station about half a block away--•
a Mobil station? What sort of sign does it have?
1
Howard: Just a low, standard, Mobil gas station sign,
Speaker: But is that visible from the highway?
•
Voice: That's a different kind of sign.
Howard: I don't think, so,
Funk: I might say that wasn't the most ideal piece of property for a
service station in the first place, with the overpass, knowing--
people knew that overpass was coming. But they did, and we
let them put their sign on it.
Speaker: This is speculation: Would we have conditioned Tarbell to permit
the sign if we had known at that time that increasing--allowing •
a high building there -you might sap—destroy this man's business
if he couldn't have a sign?
Smith: I think there is another thing that ought to be brought out. We
permitted Tarbell to go eleven feet over the limit, but the
applicant here says he needs to get an additional 28 feet in
order to have visibility, and I would like to suggest that had
we not allowed Tarbell to build eleven feet over the limit,
then in fact the applicant would still be in the same position
right now, and that therefore the applicant's problem is simply
the fact that he has property adjacent to him which is zoned
for that type of development. Now if the applicant were saying,
to raise my sign eleven feet or a little more than that, to get
over that eleven-foot addition we gave Tarbell, that it looks
to me like the applicant would have been in the same problem
regardless of which way we had gone on Tarbell's original height.
But I can see this creates a hardship. The gas station relies
on exposure to a major artery, and I can see that the only
thing I was wondering is, outside of simply extending the height
of the sign, is there any other location on the applicant's
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TRANSCRIPT OF PLANNING COMMISSION HEARING t`
Shell Oil Company
pri : 15, 1980
Smith: property that the sign can be located that might be a compromise,
(Cont.) without you know a 63—foot sign, that's about like a sixes
story building, and I know you drive up and down and see
these things, and I don't think its particularly too attractive».
they stand up like a water tower*
Howard: That's my comments An attempt was made --
Smith: I mean outside of going to another adjacent parcel.
Howard: Well, okay, then if you would like staff to go out there and ?'
look for another parcel on that particular property, it's going
to be very difficult* What he is asking for is visibility for
people coming from Salem to Beaverton. In order for that to
happen, you have to be able to see through the Tarbell building,
because that building obscures the Shell station. The only way }`
to see it is to go up. Now if you are talking about them coming l:
from Beaverton going toward Salem, you can just see the top of
the sign--you are talking about raising its But my point is
they can't have their cake and eat it too in this case, unless
•
they go 63 feet in the air* Now I don't think that's appropriate.
Smith: The traffic coming down from Beaverton
Howard: They can see the sign at this time.
Smith: So the loss is essentially the visibility from northbound traffic?
Howard: That's correct* And when an attempt was made to provide that F,
with an additional offsite sign that would have allowed the
visibility from the traffic from Salem. to Beaverton, Shell Oil
pay for that lease of that ground And
Company did not want to ,�
that was our attempt to solve that issue of visibility* It
didn't work* .:
Smith: I think the only place I can see a problem here is that because
we did allow that variance with Tarbell for additional height,
I think I would pretty much agree with you, Aldie, had we not :.
done that* But having done that, then we get into this thing
of adjacent property owners where we essentially are creating
somewhat of a hardship on one property owner by not giving him -
a variance where we aid another adjacent property owner. It
gets into the conditions of a variance, and in that sense they
have satisted that one condition. It is subjecting them to
a condition that we are nnt subjecting adjacent property owners
to.
Howard: Well, then, let's take the public notice. Yost know we make every ;.
attempt to notify the owners of the particular property* The
guy waits a month before he calls Shell and says, "Hey, look
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TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
April 15, 1980
Howard: what happened." And you know, something's wrong. I don't know
(Cont.) what's wrong, but something is definitely wrongs They had the
right to appear, There were other people in the area that, you
know, have coincided with their sign requirements right across
the street, Plaid Pantry didn't request a in that went. 63
feet in the air when we cut off with the Tarbell -- you know --
that kind of thing. I just don't think that this is a realistic
approach to signing in this community, regardless of what takes
place on the adjoining property. Now I just don't think that
these people have shown hardship, and I don't think that they can,,
k •.
Smith: One of the questions that I turn up with is to what extent
their business relies on transients, and to what extent their
business is in fact local.
Howard: Well, they could provide the figures and we'd have no way of
checking them. And we have no way to police it
Voice: It is 70 per cents
Howard: Well, the other point is if he has been there eleven years and
70 per cent of his customers are people from off the highway and
he's been doing a good job in business and does experience
repeat business, then again I don't see the reason for putting
the sign 65 feet in the air,
Tepedino: What was the name of the , o . (a fear word indistinct and lost)
. There is no question in my mind, I see a hardship being
experienced. On the other side, though, I don't think the city
should be a guarantor --
Smith: Guaranteeing the value of that building.
Tepedino: Yeah, that bothers me. And the second thing that bothers me is
the decision made--I guess based on economics ):hat the sign
with the lease-rental of some space offered to them on the
adjacent property, was not wanted because of tile cost of that.
The alternative would be the cost to the city allowing one sign
amongst the many applications, that,..--
Smith: I want to ask you a question here.: Within the Tigard city limits
are there any other areas along 217 or 10.5 where we have permitted
signs of this height?
Howard: No, sirs not this high. It goes by Zone. I think the tallest
one is aO feet.
Tepedino: Fred Meyer's sign?
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TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
Kptil 15, 1980
Howard: Fred Meyer's is a nonconforming sign, and they have agreed to
bring it into compliance by 1981
Speaker: And we just turned down tonight a variance for a second sign for
visibility from that highway.
Howard: That's right.
Voice: Aldie, 0 . . (brief reference made to another sign)
Howard: Yes, but that's another nonconforming use They came in long
before we had a sign code. Now we have made every attempt in
the community to keep the signs at an absolute minimum, and it
just seems like 63 feet in the air is a bit much. for Shell Oil
to request. You knew? I mean just look at it that way, and
I put
Tepedino: What is the cost for renting or leasing that sign on the Tarbell
building? 'm
Howard: I don't know.
Tepedino: Does the applicant know? How many dollars are we talking about?
Hollingsworth: I didn't pursue it with Tarbell, Mr. Chairman, because I
didn't think it was right for us to have to go and pay additional
• money for a second site .— you know, we still need the sign for
the traffic coming north, so we are looking at two signs that
we have to take care of. All we are asking for is the visibility
from the south going north, that we have lost; and we do get
70 per cent of our business off of 217, and it's an untenable
situation,
Tepedino: I am not sure that Shell paying (1) the owner of the land, who
• slept on his rights • 4 * to few words lost) . 0 when he was
notified that something was going on next door.
Howard: The next variance request we will get will be from Mobil Oil
Company to go 65 feet in the air. Now they are in almost
exactly the same situation. They are within the sign code.
• I don't see any reason for this variance to be granted.
Hollingsworth: May I make the suggestion that Mobil Oil Company's sign is 55
feet in the air to the top of the sign, that is adjacent to our
service station.
Howard: I don't know. I haven't measured it.
Smith: It must have been something that was started prior to the
existing code.
11
11
TRANSCRIPT OF PLANNING COMMISSION HEARING .
Shell Oil Company
NpfiI 15, 1980
- Howard: That station was annexed to the city by --
Smith: Okay, so it was Washington County -- .
Howard: Yeah, that's right,
4s _
4, Tepedino: 0 0 0 (some lost here) . . terrible, traumatic experience,
'i
-- Too bad Al Popp . 4 0 (a reference was made to the sign code)
Y
T
1.11. Howard: We have had a tough time. That thing is so thick and so cumber-
= some, and it's caused us a lot of difficulties--you know it's
-.-
^f very difficult to police. You come in and want a sign permit
and there's nobody there, and somebody initials it and it's
gone, and the thing is there -- you know?
'
Tepedino: Is there no other way, other than the leasing of space on the
1 Tarbell or a 63-foot sign -- is there nothing else?
.
Howard: Well, if you would like us to go out there again with the appli'- ,
,i cant and table this thing pending resolve, we'll go out and
• look again0
Funk: I might just add, if I may, the owner of the property, if I
understood your reading of the interpretation of this lease• from the party, that he guaranteed you a sign site?
Hollingsworth: Sir?
°
Funk: The owner of the property at the time of the execution of the
lease guaranteed you a sign site. Is that correct?
Hollingsworth: No, that's not correct. Negotiations between the lasso]: and
. ",
ourselves hinged upon the fact that we were granted identificaw.
tion by the city to 217. Now we knew that the overpass was
going to be there, and the 35 feet based upon what the state
gave us as far as the height was concerned, was adequate. And
our sign can be seen from there. We don't want to raise the
sign. We would like for it to be exactly the way it is right t
now, if it wasn't for the fact that someone else has gone in
ahead of us, based on authority given to us by the city, and
has blocked off our view. I don't know, it seems to me that the
staff or the city perhaps should have had some responsibility
when that was -- when they were discussing that and going
through all the application, to say, "Hey, are you taking away
. - any of the rights of the abutting property?" But that wasn't
done, I didn't get here because of what is .stated, so basically,
if there is another place that we can put the sign on our
property that will give us visibility that will allow people
to get off of 217 onto the off-ramp and Greenbure.-if you will
, -8-
, f,
TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
April 15, 1980
Hollingsworth: show us that, that's where we will move the sign, at 3, feet,
• (Cont.) or 40 feet or whatever. We don't want 63 feet, The 63 feet
comes from the fact that the bottom of the sign sits right on the
top of the building as we put it up with the boom truck to get
the visibility that we need from the highway.
Howard: When we drove 21? towards the project, you can see the sign if
you are looking for it. But, before, even without Tarbell, you
had to be physically looking to the left off of 217 across the
traffic to look for the Shell station; and chances were that
you were by the Washington County (Square) exit, by the time
• you saw the sign. Next exit -- Progress. Now I just don't
see this particular request even 65 feet in the air. You are
going to look over the you know, the visual effect of a
Shell sign peeking over the top of the Tarbell building is not
going to acquaint people with that Shell station in time for
them to get off that exit. Now I have driven it five times
both with staff, with myself, with a friend —I have driven it
day, and I have driven it night—hand I can tell you it does not
make a whit any way you are going to put that sign above that
building 63 feet up in the air -- you know?
Speaker: I wonder you go down on I-5, and before exits they have a
sign which tells what the accommodations are and what service
• stations are available at the next exit. Might that be something
to pursue?
Howard: That's a possibility. The applicant in this case could apply
to the State of Oregon for that designation Shell, next exit.
They can put it right on that sign, and it's right there with
the .
Voices: Gas, food, lodging --
Speaker: And have the logos of Mobil and Shell, and I don't know what
restaurants are available there.
Howard: That's possible.
•
Speaker: It seems to me that would give them really better identification
than a sign peeking up over a building--still across the railroad
track from I. 5, isn't it? Is Fanno Creek in there'?
Howard: How can I tell you? It's on Greenburg, in the Greenburg Road
area, just before you.go to Washington Square over 217.
Smith: The question I still have is, if we are granting Tarbell the
additional 11—foot height to their building, which obscured the
Shell sign, then I feel we should have some obligation to give
—9—
I I
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, 1
TRANSCRIPT OF PLANNING COI/MISSION HEARING
Shell Oil Company
'April 15, 1980
Smith: them a variance for these 11 feet; but if the applicant is
(Cont.) saying, "I need 28 feet", then in fact, had we not granted the
11-foot variance to the,Tarbell building, they still have the
same problem; and in such case I don't think we are under any
obligation they have due to normal development, So I think
s that's where I stand on it. If the applicant can show that it
$
was that 11..foot additional height, and not the height the build-
.
ing would have been without the 11 feet that has made the dif-,
ference, It doesn't appear that way, because he says he needs
28 feet. He says to me that even if the building, you know,
' f not that extra height -- he would still have that problem,
and I don't feel that the city is obligated to compensate Shell
for normal building height.
Tepedino: What would 11 feet do? Would that do anything for them?
Howard: Nothing, I think if you honor the sign code of the city, you
cannot assume the removal of property right, because it is a
general city ordinance that is specific in all zones, regard-
, less of development in that zone. And I don't think that
that has anything to do with what you are proposing, that we
took away a right, or --
Smith: The Shell people have their own obligation to obtain a sight
ho'71thlea:ity
=711MM 11 peTls Ilhije=a=
tix111.
to guarantee that sight easement® But I would like to ask the
applicant if in fact, if we granted a variance to increase the
height of your sign by 11 feet, would that solve your problem?
Hollingsworth: In response to your earlier suggestion, we did get a large sign
that went out toward 217 at the time we put the service station
•
in And we were told at the time by the state that they would
not need that property. Two years after we were in business and
the sign was out, and the state came back and condemned that
piece of property so that they could put in a wider or a better
radius on-ramp, and so they took our sign easement away from us,
because we were out probably 30 feet from our eack property line.
Smith: Well, that was for locating a sign,
Hollingsworth: Locating our sign, our easement away from any problems --
Smith:
I am talking about a sight easement--that is where you essen-
.
ti'lly say for this certain parcel of land that you grant us
that you won't build anything that obstructs the view, It's
like a solar easement or —
Hollingsworth: There was nothing like that that was done by the city that
said they wouldn't do that -- no.
1.
•
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1
•
TRANSCRIPT OF PLANNING COMMISSION HEARING
Shell Oil Company
April 15, 1980
Smith: But anyhow my question was, would if you raised your sign 11
feet--would that solve your visibility problem?
Hollingsworth: No unfortunately not, because it would be like me standing up
here . . (some cross talk here, neither plain) . . 35-foot
building in front of a 35—foot sign, we would by occluded at
. a
that particular point--if we had 11 feet sign over a 35—foot
building, I'd have to -- you know, I am not a surveyor -- but
that might give us visibility; but since it's gone up k6 feet
now, vie need the additional height to see from the ground to
4 the sign.
Smith: I think the point is that in fact their problem exists whether
the Tarbell building was given a variance or not, and
II Tepedino: Do you want to make a motion?
Smith: I would move for denial.
Tepedino: Motion made for denial. Any second?
Kolleas: Second,
Tepedino: Seconded. Further discussion? I call for the question. All •
tose in favor of the motion as made and seconded signify by
saying aye,
Chorus: Aye,
Tepedino: Those opposed? (No response.) Motion for denial carries
unanimously. (To the applicant) You have a right to appeal.
•
-11-
• IiiirEMMEIMI11111111=1111111111.11111111111W ' .
„ . r *4•
j i'' . , ,
PUBLIC NOTICE”
•
'. ) A FIDAV� PUBLICATION r���i����� ' TIGARD PLANNING COMMISSION
• April 15, 1980—•7:30 p.m-
,
SmATE (}F OAEGQN, Fowler Junior High--Lecture Room
• ss• 10865 SW Walnut Street,Tigard
COUNTY OF WASHINGTON, 5.Public Hearings
5.1 SITE DESIGN REVIEW, SDR `^•
61-79(Alexander)NPO No.4
.
I, .. Joseph...ScQ A request by John D.Alexander to `
being first daily sworn, depose and say that I am the publisher...-.._.•..-•-._•---•••-
appeal the Planning Director's Condi 1 •
lions placed upon development of an i..
of Tigard Times, a newspaper of general circulation, as defined addition to existing restaurant located .
at 11688 SW Pacific Highway (Wash. t
in the aforesaid county and Co.Tax Map 1S1 36CD,Tax Lot 1800
and 1900). 1
by ORS 193.010 and 193.020, published at Tigard, 5.2 ZONE ORDINANCE AMEND-
that the legal notice, a printed copy of which is hereto annexed, was MENT;ZOA 6-80(City of Tigard) ;
state; A request by the City of Tigard for
a one Ordinance Text Amendment for
• published in the entire issue of said newspaper for --....-......._..,.,,.... successive and Chapter 18.20 of the Tigard Municipal '
_..--•••••• Code deleting R-15"Single Family Res- • .
consecutive weeks in the follow+ng +slues .•...,._....- ••--•-••- idential"Zones.
5.3a ZONE ORDINANCE AMEND-
' '.'
LATENT ZO 4-80(City of Tigard)
� .,,,,k.4-- '�-•!,,.. A request by the City of Tigard for i ..:
a Zone Ordinance Text Amendment for 1
"� -$tgn r ) Chapter 18.36 of the Tigard Municipal
-
Code relating to the"Highway Com-
da of......._.., mercial"(C-5)Zone.
Subscribed and sworn to before me •this--...•-c0 day 5.3b ZONE ORDINANCE AMEND-
MENT,ZOA 5-80(City of Tigard)
-
80 A request by the City of Tigard for
April .. 1s
' •• ................ � a Zone Ordinance Text Amendment for �•
� � wZ,(2 , Chapter 1$.32 of the Tigard Municipal
1� Code creating an additional Condition-
-1' - Notary ]?ubhe of Oregon al Use in the"Residential Commercial"
(C-4)Zone.
�VIMISSfO 5,4 ZONE CHANGE,. ZC 12-75
F`E$ .• r t s82 k = •' (Greenway Town Center)NPO No.7
o;y My commission expires * 6 A request by Dr,John S.Foster for
. a major change in the occupancies al-
.-..
, 7 lowed in Greenway Town Ci°rater --• .
more specifically, the allowant° of a
veterinary clinic located at SW .21st
s; and SW Scholls Ferry Road(Wash.Co,
Tax Map 1S1 34B,501,502,401).
5.5 VARIANCE, V 4-80 (Mee-
koms/Ascot Center)NPO No.5
A request by Daniel A.Meekoms for .
, a Variance for two signs in a"Commer-
.,. cial Professional" (C-P Zone for the ,
Ascot Center located at 7155 SW yarns
0.'1 Street(Wash. Co.Tax Map 2S1 1DB; •
Tax Lot 900),
5.6 VARIANCE,V 3-80(Natkin Co m-
pany)NPO No.5 ,
A request by Olson Argo Architects -
for a Variance from the side yard set-
. requirement of twenty(20) feet
\. in a "Light Industrial"(M-3)Zone to i
•
ten(10')feet on a 4.19 acre site located
at 14725 SW 72nd.Avenue (Wash_ Co. •
Tax Map 2S1 12A,Tax Lot 1902):
53 ZONE CHANGE,ZC 5-80(Dennis.
()Neel)NPO No.2' s'
A request by Dennis R.O'Neel For a +r"ry
Zone Change from Washington 1, •;L
County RU-4 to City of Tigard R-7.'r1}, ; •
• "Single Family Residential" Zone to ti.� ti`
cated adjacent to the north side of SW' -41,4),0
North Dakota,210 feet west of SW 95th ' '''t
Avenue and 250 feet east of SW 92nd k�:�'
. Avenue(Wash.Co.Tax Map 1SI 35AC, 11 °tf:
Tax Lot 700).
5.8 CONDITIONAL USE, CU 3-80 0.-'-'
(Ronald Wirth)NPO No.3 ' r- i.
A request by Ronald Wirth for an ex-
, tension of one(1)year for the Condi-
tional Use 32-78 located at 13800 SW
110th (Wash. Co.Tax Map 281 300,
T of 1300).
55.9'/ARIANCE, V 2-80 (Shell Oil
pany)NPO No.2
A request by Shell Oil Company for
a Variance to allow additional sign
heighth located at 9785 SW Shady Lane
(Wash.Co.Tax Map 1S1 358;Tax lot
200).
(TT 4470—Publish April'2,4,19S0)
•
• , -f'fralilla . ' -
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CITY OF TIGARD .•
1•
!• P.O.Box 23397
•
12420 S.W.Main,Tigard,Oregon 97223
• .. k
beti • ' ; "
:4:0C474
•
*.• , T...9\71A,„
ufkooN
•
OCCUPANT •.
9600 SW ak St.
Tigard, R 97223
•
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" ... ..L.! <S.. .+ci._.,li, q.Wa•+.c.,^-+.tw.•r ..< - kA.+A ..:.A...«:. _+w< ..nkxiw.=4:'fq
•
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
PA I, Viola Christensen, being first duly sworn, on oath despose and say:
That I am Secretary for the Planning Department for
the City of Tigard, Oregon
That I served notice of hearing of the Tigard Planning
Commission
of which the attached is a copy (Marked f each ibit A) upon eh of the
following named persons on the . day of Ati-y jr►;",;•`
198_01 by mailing to each of th , at the address shown o' the attached
list (Marked Exhibit B) , said notice a hereto attached, deposited in
the United States Mail on the 'O day of Ai.:Li r .. 198 ,
postage prepaid.
E
Subscribed and sworn to before me on the day of
1980 .
r".-. ?
%' w r y /4
44= 4 4'te :
,
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.•
, NOT I CE:,,
NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION AT ITS MEETING ON TUESDAY,
" APRIL 15, 1980 , AT 7:30 P.M., IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH
SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION:
APPLICANT: Mr. R. E. Hollingsworth OWNER: OWNER OF LAND: •
SHELL OIL COMPANY Mr. Conrad E. Anderson
1425 NE Irving Street P 0 Box 982
-: Portland, Oregon 97232 Lincoln City, Oregon 97232
OWNER OF FACILITIES
SHELL OIL COMPANY
1, REQUEST: For a Variance to allow additional sign height.
ttr,
.t,
LOCATION: 9785 SW Shady Lane (Wash. Co. 151 35B, Tax Lot 200) NPO #2 •
•,.1 •
' ;: FILE NO.: VARIANCE, V 2-80 (Shell Oil Company)
a;
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; C;; 4',"}:="1 n r I s i wHrumw Sr o`rSw.Z.--,-;---
nSVUw.. �.. 'i,.t�1 ,
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES •
OF THE PLANNING COMMISSION, ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD,
OR, TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE INITIAL HEARING. -
t,
SHOULD YOU WISH TO APPEAL, A WRITTEN LETTER ADDRESSED TO THE CITY RECORDER MUST BE RECEIVED
PRIOR TO THE EXPIRATION OF THE TWENTIETH DAY AFTER THE DECISION OF THE HEARING. IF NOTICE
•
TO APPEAL IS NOT RECEIVED WITHIN TWENTY DAYS, THE ACTION IS VALID. . .
•
FOR FURTHER INFORMATION, PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171 •
CITY OF TIGARD, 12420 SW Main
Tigard, Oregon 97223 Pt-
11
•
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. CITY OF TIGARD
t 12420 S. W, Main Street
TIGARD, OREGON 97223
.
APPLICATION FOR BUILDING PERMIT
Jew Construction iilf.D Demolish 1 Addition ❑ Remodel 0 Move ii .
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'ING 64 - 1 DATE ISSUEDf- •S'' 7/ BUILDING PERMIT
E RECEIVED'.; ' /-' `FEE $ /( �� ,)'rr` No
71
0r, PLAN CHECK S ,? ,?,5° -- -
OTHER $ 'VALUATION $!-. ",t,.,,a 0 =•'
TOTAL $ ,� ±,t ��- RECEIPT No._: •_/ 7 •
TWO SETS OF PLANS AND PLOT PLANS MUST BE FURNISHED WITH APPLICATION
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' LDING USE Single Res. Multi Res. E Comm. 4] Industrial E- S, .
'UPANCY GROUP,C / No of Stories / Total Heightl, '. Area of Lot?/oe4% 7
e of Construction I II III(I� V Floor Area B---- x,..)-:.'c'
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Backs: Front ';",� Back/f L.Sides.3-- * R.Side2<.) . i.
. vate Sewer Pipe Size 4 Sewe,r,4' L; ; 7 s't t _ Septic Tank I J ...
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er Service Pipe Size- Storm Sewer rj Ditc - Drywell E
eet and Curb Requirements,l/ ( /�l• i f 4 �, -1)/ ,- 7 P/. r) r.(
veway Width.'71 r-' No. of Parking Spaces Y
SEPARATE PERMITS- REQUIRED FOR SEWER AND PLUMBING
SPECIAL INFORMATION
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RESS ASSIGNED"; .3)\ ,::...-',!,/ . ,, . .,;,..:• ;.1:
LD CHECK BY J,:,:: .`�� k.' DATE/- .A-" / /
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PERMIT APPROVED BY :_,�...•r---�'"7'`"��,,/,'..
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is understood that all work will conform with applicable codes and ordinances
the State of Oregon and the City of Tigard, Oregon, and that the building will
. be occupied until a Certificate of Oc upancy has been issued by the City of
and Building Inspector. ,,
Signature of Applicant
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CITY OF TIGARD
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APPLICATION FOR SIGN PERMIT
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(N TO RE FASTENED AND SECURED_HY_____
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PROVED SUPPORTS AND IT TS HERESY S
;REED THAT IF THIS APPLTCATTON TS
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TTTON AND THE ORDINANCES Op THE CTmv -
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, 1 CITY OF TZ AR ,. OREGON . ,
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' Permit No `~ Date. ?/ { '
.. Contractor. :? *• • a, I..
Building Address.... '.A.c4;t.'',f f .6:._..• ; 7 c
This permit.expires at. 12 p.m. """4 , 19 '
Construction must start before , ` d i , 1921.
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f Notify Building Inspector 24 hours,prior to the following required inspections:
1. Excavation or Fill 4. Forms 7. Sewer Connection
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. ('. UNIFIED SEWECAGE AGENCY if -
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WASHINGTON COUNTY DATE_1 ...__ LZi/21:
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APPLICATION FOR SEWER CONNECTION PERMIT
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OWNER: 2 - P7 1
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OWNER' ADDRESS: /1/...;.9,r- ,41,
STREET
CITY STATE ZIP
BUILDING SITE: LOT BLOCK ADDITION
TAX LOT NO. ) 'eA . -9
. TYPE OF OCCUPANCY ,::, 1:7F/,,/ .. ...'' ,e.,! //,-,.,, •
ADDRESS 47,- 6- A i,,c;i; . 2 /7
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DWELLING UyTS / FIXTURE UNITS i/ _ _ ___
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PERMIT FEE.,-) f,-* INSPECTION FEE -.S.5 TOTAL DEPOSITEDf."..121.222_1.___
(EXISTING) BUILDING SEWER SYSTEM .-/ 174X '
THE APPLICANT AGREES TO COMPLY WITH ALL RULES AND REGULATIONS OF THE UNIFIED .
SEWERAGE AGENCY.
APPLICANT J..) I
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SEWER -PERMIT
THIS PERMIT AUTHORIZES CONNECTION TO THE SEWER SYSTEM.
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•.• LINE SIZE - INSTALLER
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RECEIVED BY
UNIFIED SEWERAGE,AGENCY
COMMENTS:
THIS APPLICATION AND PERMIT EXPIRES IN NINETY (90) DAYS. THE AMOUNT PAID WILL BE ..
FORFEITED SHOULD EXPIRATION OCCUR.
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Shell Oil Company
P.O, Box 14337
Portland, Oregon 97214
MARCH. 21, 1980
City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
Attention Al die Howard - City Planning Director
Dear Sir:
In response to your telephone call to me on March 19, 1980 in which you
advised that tt was possible to erect a second sign on the southern tip
of the Tarbell property, I have viewed said property in the company of
your Mr. Bob Irwin. We have also looked at it from O.S.K. 217 and your
suggestion is feasible upon the following conditions:
{
1 . The sign must have visibility to allow the north-
bound motorist the opportunity to see the sign
soon enough to make the decision to use the
Greenburg off-'ramp,
2. Tarbell must be willing to give us an easement for
the sign with a way to get to it for maintenance
and upkeep and for the period of time that our
service station is in operation.
3. That power is available for illumination.
If you can arrange this as you indicated in your call , Shell would then
want to bring in a boom truck to spot the exact location and heighth,
with your representative in attendance.
I will await your response, but in the meantime it is understood that
our variance application is valid and that we are on the planning com-
mission agenda for April 15, 1980.
Yours, very truly,
R.E.(:1-2Z-1,- .7<oi„ ....s7(z/ei-?(Z--
HOLLINGSWORTH
Real Estate Representative
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NE ClitiNGE - CONDITIONAL .3E - VARIANCE - TEMPORARY\,-SE - NON-CONFORMING
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,. USE REQUESTS
PLICATION
F i 1 e # V 2
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Fee Rec 'd.
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;.ard Planning Commission 639-4171 Receipt ________
120 S.W. Main St. , Tigard, Oregon 97223 Date Rec'd.
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BY2.4L------------ • ' '
•
?LEASE PRINT IN INK OR TYPE . . • •
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.ion Requested VARIANCE - TO RAISE THE HETGHTH OF 'EXISTING HIGHWAY SIGN
' •
. . .
dicant 's Name SHELL on COMPANY -/ " '''' Phone(503)/ -A.# 233 8471 - .. .
..,
. .
dicant is Address 1425 N.E. IRVING ST. , PORTLAND, OREGON 97232 .
(street (city) (state) (zip)
' OtA0f2AD LAND - CONRAD E. ANDERSON c)'464'"L-- • .
6:71°2°°
,. ter's Name IMPROVEMENTS - SHELL OIL COMPANY eit.1412.44-4--at-tAIA-2- Phone -
LAND - P.O. BOX 982, LINCOLN tliY, ORE. 97367
Ler's Address IMPROVEMENTS - 1425 N.E. IRVING ST. , PORTLAND, OREGON 97232
(street) (city) (state) (zip)
. -
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dicant is : Owner Contract Purchased Developer Agent
Other1. 6,0_,,se..A .4.1.. ...
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ler Recognition of application: E W , ,,„.
..
C 11 D E. ' D RSON • •
„,', a)/itz,,Z . .
IRENE S. ANDERSON
, 4 dIM A
. signaturAIPPAO s)
ifird#1111"7 ° • •
-son responsible for application N. P. STAROPOLI - D RICT R. - SHELL OIL COMPANY • ' •
1425 N.E. IRVING STREET PORTLAND, OREGON 97232 • • . • '
• - .-, i
(street) (city) (state) (zip)
. '
)PERTY INVOLVED: _ Tax Map #1S 1 35B Tax Lot(s) 200 •
• . •-, •
Tress 9785 S.W. SHADY LANE, TIGARD, OREGON Area 19,451 sq. ft. 0imstg) -,
- . ° •:
sting Buildings (# and type) ONE 3 BAY RANCH STYLE SERVICE STATION .
, • - ,,"'
4 . .
-rent zoning C-3 Current Use SERVICE STATION -.. , •-.-:. ,
•
,licant 's Applicant 's •
posed Zoning C-3 Proposed Use SERVICE STATION '
, 1
•
• ....
' MISSION X Title Report "Fasano" Requirements ,
'UIREMENTS : X Legal Description _X Vicinity Map
X Tax Map .. Site Development Plan
•
X Site Plan
,
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:�1.4 x - •tcL.: a,yy„vy,+':J+.� :�..iti.+?:d4'� "NY M v'•'r#h'�3�+t'�3•++taR4+'C8',.."."^.'.u'::_�.��i+.:ws i-.�.w=,;Z...,�:a«eaw....n.r:�.
� 1%. �d.b syltiiL 14-.k:r->Rw::3y.:d'E:3.ka.:.'.`i,,:.ati_i.fl,'+'S..SFiv",?k:awa..}.d?3°`-.:"+4 < .=a
"3° Transamerica' ,
o� �� �y Title Insurance Campan " '�.�
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t Title Insurance Services Box 23216
' 12415 S.W.Main Street
r Tigard,Oregon,97223
< (503)639-0669
ER. E. Hollingsworth F-
P. 0. Box 14337
I.
Portland, OR 97214
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February 15, 1980
Escrow Number
Escrow Officer : Mona McKean
Title Number . : 21-2593
Title Officer : Bruce M. Howlett
LOT BOOK SERVICE
We have searched our Tract Indices as to the following described '
property:
See attached EXHIBIT "A"
And as of February 11, 1980 at 8 :00 o 'clock A. M. : `',
We find that the last deed of record runs to CONRAD E. ANDERSON and ;-
IRENE S . ANDERSON, husband and wife
•
We also find the following apparent encumbrances within ten years
prior to the effective date hereof:
1. Lease, including the terms and provisions thereof,
Dated : November 1, 1969
Recorded : November 6, 1970 Book: 805 Page: 515 E `
Between : Conrad E. Anderson and Irene S . Anderson, 1
And
husband and wife
Shell Oil Company, a Delaware corporation
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(continued)
Form No.fl-734.3
'. + .w,.�_.«�+....t».... -. •. wn::'4.4,, .41 ..... . ....
w.. « ia1.t::St;R..w•.<Wcsuu�,'
'title Number: 21-2593
Page 2
Lot Book Service
2. An easement created by instrument, including the terms
and provisions thereof,
Dated : November 1, 1969
Recorded : November 6, 1970 Book: 805 Page: 515
In Favor Of : adjacent property owners
For ingress and egress
Over : the Southeast corner of said property
3 . An easement created by instrument, including the terms
and provisions thereof,
Dated : November 1, 1969 {,
Recorded : November 6, 1970 Book: 805 Page: 515
In Favor Of : adjacent property owners
For : sign easement
Over : the Westerly boundary of said property
4. Limited access in deed to State of Oregon, by and through
its Department of Transportation, Highway Department, which ..
provides that no right or easement of right of access to, from
or across the State Highway other than expressly therein provided
for shall attach to the abutting property.
Recorded : November 9, 1972 Book: 896 Page: 335
5 . Further existing leases and/or tenancies, if any.
6 . Personal Property taxes, if any.
7 . No liability is assumed if a financing statement -'
is filed in the office of the County Clerk covering
fixtures wherein the land is described other than by
metes and bounds, the rectangular survey system or by
recorded lot and block.
We have also searched our General Index for judgments and state }'
and federal tax liens against the above named grantees and find
the following :
NONE F
We also find the following unpaid taxes and city liens :
1 . City liens , if any, of the City of Tigard. (An inquiry has
been directed to the City Clerk concerning the status of such liens
and report will follow if such liens are found) .
continued
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Title Number : 21-2593
Page 3
Lot Book Service
NOTE: Taxes for the year 1979-80 in the amount of
$1, 265 . 61, paid in full. Code 165, Accoi-rnt No. 1S1, 35B,
Tax Lot 200, New No . 272868. (Land only)
NOTE: Taxes for the year 1979-80 in the amount of
$2, 045 . 80, paid in full . Code 165, Account No . 1Sl 35B, :;
Tax Lot 200, New No. 272920. (Improvements Only)
THIS IS NOT A TITLE REPORT, since no examination has been made
of the title to the above described property. Our search for
apparent encumbrances was limited to our Tract Indices, and
therefore above listings do not include additional matters
which might have been disclosed by an examination of the record
title. We assume no liability in connection with this Lot Book
Service and will not be responsible for errors., or omissions
therein. The charge for this service will not include supple- •
mental reports, rechecks or other services.
END OF REPORT
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Title No , 21-2593
EXHIBIT "A"
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A tract of land situated in the Northwest quarter of Section 35 , Town-
ship 1 South, Range 1 West of the Willamette Meridian, in the City of
Tigard, Washington County, Oregon, described as follows :
Beginning at the intersection of the Easterly right of way line of SW
Greenburg Road, with the Northerly right of way line of the connection
road between SW Greenbgrg Road and SW 95th Avenue, said beginning point
being situated North 1 00 ' East, 30.00 feet from engineers celaterline
station "F2" 2+18 .76 of said connection road; thence North 1 3430"
East , along the Easterly right of way line of SW Greenburg Road, 56 . 15
feet; thence continuing along said Easterly right of way line, 45 .04
feet along a spiral curve to the left, the chord of which bears North
36°32 '30" East, 45 .02 feet; thence continuing along said Easterly right
of way line, 50 . 51 feet along the arc gf a 1034.93 foot radius curve to
the left 6 through a central angle of 2 47 '46" ( the chord of which bears
North, 34 16 ' 54" East 6 50 . 50 feet) ; thence leaving said right of way line
and running South 89 00 ' East, parallel with the Northerly right of way
line of the connection road between0SW Greenburg Road and SW 95th
Avenue, 105 . 55 feet; thence South 1 00 ' West, 135 .00 feet to a point
in the Northerly right of way line of said connection road; thence
North 890001 West , along said Northerly right of way line , 160 .00
feet to the point of beginning.
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u! . P.O.Box 23397
12420 S.W.Main
Tigard,Oregon 97223 RECEIVED j;:.
• September 10, 1979 E 79
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PRENDERG ST N M .
C/O Thomas and Greiner
P 0 Box 1927 •
Bellevue, Washington 98009 V.
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PE: CU 15--79,, TaPB� RE�L'IOR,S .,
Gentlemen: 3
Please be advised that the Tigard Planning Commission at their
regular meeting of August 21, 1979, approved your request for a conditional
. . •
use permit to renew a conditional use approval to build a real estate office
building eleven feet above the allowable building height in a C-3 "General r
Crcial" zone on a 1.44 acre parcel.
The conditional use permit shall expire"in one year from the date }
1 'f the not begun and continual progress toward its
of approval, x t use has no gun P ogre '
full operation is not in evidence.
;.
If we can be of any further asistance, please do not hesitate to
contact this office at 639-4171.
•
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Sincerely,
t
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Ken Selby
Associate City Planner
KSvmnc
Note:. The following acknowledgement must be signed and returned to the City `
• • of Tigard, Planning Department within fourteen (14) days of your receipt
of this letter. Failure to return this acknowledgement will result
in no further action on this project with regards to issuance of .
building permits or engineering approval. .
,
( ' Signature Date
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REMARKS . . . .
In January, 1971 the City of Tigard granted building permits to construct a three-
. bay ranch style Shell service station at the subject location. Among the permits
included was a special sign permit for a 35 foot highway sign for the purpose of
identifying our location to the automotive traffic on Oregon State Highway 217.
At the time we negotiated our deal with the land owner, we purposely negotiated an
easement area to the east of our location for the placement of this sign, (See -
.ry Plot Plan). In April of 1972 the State Highway Commission took over the easement
tTM area for the purpose of constructing the Greenburg Road overpass and we were forced
, to move the sign onto our leased premises with. City approval , as is now indicated
on the attached Plot Plan. When the overpass was completed, our highway sign was
barely visible to the traffic moving southeast on Q.S.H. 217 but had excellent
visibility to the northwest bound traffic on Q.S.H. 217.
In September of 1979, our Lessor, who owns the land at our subject site and who
f: lives in Lincoln City, brought us a notification which was sent to him by the City,
advising that a hearing was to be held by the City in August to act upon an appl i-
cation for condi t Zonal use and variance to build a commercial office building
adjacent and to the southeast of our service station. We received word of the
hearing almost a month to late to give testimony, although I am not to sure that
we would have been overly concerned at the time. We have always felt that public
bodies such as your municipality study proposals thoroughly enough prior to
approval that the authorization of a C.U.P. or variance would not be injurious to
those properties adjacent to or in the vicinity of the new project.
The adjacent new construction completely covers and obscures not only our highway
sign but also our total service station building from the view of northwest bound
Q.S.H. 217 traffic. The Greenburg Road overpass already obscures our facilities
from the southeast bound motorists view. th ....h i ghitia ti fi cati on sign is
paramont to the successful and profitable er-a ion of a�,hi ghway on gn ed service
s a s point was made_r.c: resented our
constr ion .tQJ osal in 1970 and the highway sign was approved.
We have conducted a thorough survey and investigation of our total property in
hopes that there would be another location on the premises to locate the sign
which would afford the visibility that we have lost. Unfortunately there is
none. Our last recourse is to request a variance to the ordinance which will
raise our sign over the building which now obstructs the visibility. Based on
our research we will need a sign heighth of feet to clear the top of the
newly constructed office building. This heighth was computed by actually raising
a target sign by boom truck at the present sign location.
In summation:
1 . Owing to special and unusual circumstances, the construction of the office
building abutting our premises has created an undue and unnecessary hard-
ship on ourselves and especially our contract dealer who operates the
business,
2. We feel that granting of the C.U.P. and the variance to the applicant and
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Page 2
9 Ct o-
builder of the subject office building was not in keeping with 18.76.010
of the code which states that "in granting a variance, the planning
commission may attach conditions which it finds necessary to protect
the best interests of the surrounding property or neighborhood".
3.a. We feel that based on 18.76.020 of the code, exceptional and extra-
ordinary conditions exist in this instance wherein a previously granted
use has been taken away from the premises.
b. We feel that an approved variance is necessary for the preservation of {x
a property right previously given by the City.
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c. We feel that the authorization of the variance previously given to the }.
abutting property owner was materially detrimental and injurious to
our property based on the City's previously granted sign permit, and,
d. the variance requested is the minimum variance from the provisions and ,
standards of the ordi:gnce which will alleviate the hardship.
We respectfully request that our application for variance be approved.
Thank you. r7
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PROPERTY DESCRIPTION
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A tract of land situated in the Northwest quarter of Section 35 , Town_
ship 1 South, Range 1 West of the Willamette ,.
•
Tigard, Washington County, Oregon, described Meridian, in the City of
. g n: de.�cr�.bed as follows
'' Beginning at the intersection of the t .
he Easterly right of way line o
Greenburg Road, with the Northerly right of r
g f way line of the con of SW ,
road between SW Greenb rg Road and SW nectibn
being situated North 1 00 ' East 95th Avenue, said beginning point
'
station "F2" 30.00 feet from engineers ce8terline
2+18 . 76 of said connection road; thence No
East, along the Easterly North 1 34 '30"
y right of way line of SW Greenburg Road,
. thence continuing along said Easterly r g 56 . 15 `
feet ;
feet along a spiral curve to the left, thecright o way line, 45.04
. 36 32 `30" East, 45 .02 feet; thence continuing of which bears North ,
of way line, 50.51 feet along the arc f a 1034.93g foot dEdi radius cu right
the leftb through a central angle of 2$47 '46" o f wh curve is
North. 34 16 '54" East the chord of which bears ``
50.50 feet) ; thence leaving said right of
and running South 89 00 ' East, parallel with the y way line
line of the connection road between SW Greenburg Road and right of way 1
Avenue, 105 .55 feet; thence South 1 00 ' West, 135 .00 end to a5po
in the Northerly right of way line of said connection 0 feet t° a point
North 89°00 ' West, along said Northerly right o road; thence
feet to the point of beginning° g f way line, 160.00
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