VAR4-74 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PLEASE NOTE: The original paper record has been archived and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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' 400 BUTLER TIRE & BATTERY
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Variance (V 4-74)
Sideyard setback Variance Westerly tf
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ZONE CHANGE = CONDITIONAL USE -",-_ ,at,-,ANCE TEMPORARY USE - NON-CONFORMING USE
REQUESTS
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ApPLICATZON -� _ .._
Fey Re;cei,vd :
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-. TIGARD PLANNING COMMISSION 6:39-4171 Date Received
12420 S.W. Main Street, Tigard, Or gn 9722 . By.
PLEASE PRINt IN INK OR TYPE
Action Reques ted \ �..� i
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Applicant's Name 11�. ��'— 4, a 4_ ,„ _ ' .__ .: : 1la e. ,Z.
Applicant s Address .\V e.— f° r - _ Q '� _�_
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(Street) ( .1y) (State) (Zip)- 1
Owner's Name .. . :�, .� Phi Lie 2i t
Owner's Address J 1 _ ?, -l3L._.___ z_- �i —, `, (_ — '
(Street "Lity) (Sta et )
(Zip)
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Applicant isg O�rner C�'_,u�.�`�r."�:t'.per.. P„ ,�Ila: -��'i'; � �:�,c � A�; °�t,f�� Other
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Owner' recognition of app1ic, . r�4
Signature of Owner(s)
Person responsible for applicat ., ng .ka@ ® i ,_ ., 9' "�_ � 1
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(Street) (City) (State) (Zip) E�
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PROPERTY INVOLVEDg Tax Map # Tax .,c t(s) t:.
-;. Address A,rca ►rte. (Acres) i
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Existing Buildings (fit` and type) _.
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Current Zoning C u r r e n t U s e
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Applicant's Applicant's _ l
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Proposed Zoning_ ed Use
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SUBMISSION RE UIREMENTSu 'Title Repert rt i "Fasa.no" Requirements 1,,
Legal Descriptic°, i" Vicinity Map ,
- Ta.:c Map S<tte Development Plan 1
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18 . 72, )0--18 .76,010
enlargement or alteration of the use shall be reviewed by
the planning commission and new conditions imposed. Change
in use, expansion or contraction of site area, or alteration
of structures or uses classified as conditional existing
prior to the effective date of the ordinance codified herein,
shall conform tc the regulations pertaining to conditional
uses . - If the site is inappropriate for the use requested,
the planning commission may deny approval of the conditional
use. (Ord. 72-52 54 , 1972: Ord. 70-32 §230-1, 1970)
18. 72 .020 Application. A request for a conditional use
or modification of an existing conditional use may be initi-
ated by the property owner or his authorized agent by 'filing
an application With the city recorder. The applicant shall
submit a site plan, drawn to scale, snowing the dimensions ::
and arrangement of the proposed development. (Ord. 71-4
§6 (part) ,, 1971: Ord. 70-32 5230-2, 1970)
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18. 72. 030 Expiration when unexercised. If a condition-
' al use is approved by the planning commission and then is
not exercised, it shall expire in one year from the date of 1.
approval if the use has not begun and continual progress
toward its full operation p is not in evidence. (Ord. 72-52
55, 1972 : Ord. 70-32 5230-3 , 1970)
Chapter 18. 76
VARIANCES
Sections
18.76 . 010 Granting- -Planning commission action. ,
18 . 76 . 020 Granting--Conditions
18 . 76 . 030 Application.
18. 76 . 010 Granting -Planning commission action. Follow
R
ing the procedures set forth in sections 18. 84 .010 to 18. 84
.040, the planning commission may authorize variances from
the requirements of this title where it can be shown that, f
owing to special and unusual circumstances related to a spe-
cific piece of property, the literal interpretation of this
title would cause an undue or unnecessary hardship, except `
that no variance shall be granted to allow the use of prop t
erty for purposes not authorized within the zone in which 1
the proposed use would be located. In granting a variance I
the planning commission may attach conditions which it finds !
necessary to protect the best interests of the surrounding
property or neighborhood and to otherwise achieve the pur
poses of this title. (Ord. 70-32 5240-1, 1970)
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306 (Tigard 10/15/72) ,.
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"' 18076 .E 0--18. 80 .010
18 . 76. 020 Granting--Conditions. 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 prop-
erties in the same zone or `vicinity, which conditions are a
result of lot size or shape, topography, or other circum
stances over which the applicant has no control; 1
(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 in
jurious to property in the zone or vicinity in which the prop- •
erty is located, or be otherwise detrimental to the objec= ,
tives of any city development plan or policy;
(4) The variance requested is the minimum variance from
the provisions and standards of this title which will allevi-
ate the hardship. (Ord. 70-32 §240-2 , 1970) .
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18. 76 . 030 Application. A request for a variance may
be initiated by a property owner or his authorized agent by
filing an application with the city recorder upon forms pre-
scribed for the purpose. The application shall be accompanied
by a site plan, drawn to scale, showing the dimensions and
/ ,. arrangement of the proposed development. (Ord. 71-4 §6 (part) ,
f. 1971: Ord. 70-32 §240-3, 1970)
Chapter 18 . 80
TEMPORARY USES
Sec` ons s
18 . 80 . 010 Authorization.
18 . 80 . 020 Issuance authorities
18. 80 . 030 Required conditions. f
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18. 80 . 010 Authorization. Following the procedure for
variances as set forth in Chapter 18.76 , the planning commis s :'
sion, either directly or by delegation to the city administra- '' .
tor, may authorize temporary uses of property or the use of ,
temporary structures on a property.
The planning commission shall attach such conditions to F
the temporary or emergency use of the property as is neces-- }
sary to assure discontinuance thereof in accordance with the 4
terms of the authorization, to protect the interests of the
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Tigard Planning Commission
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The applicant, Butler Tire & Battery, requests a variance from the
written application of the zoning ordinance to all the required 50
• foot set back from the adjoining residential zone to be measured
from the S.W . corner of tax lot 700 instead of the S.W. corner of
S .W . 74th Ave Y,
It should be noted that the line deliniating the R7 zone was drawn
on the west side of S .W . 74th . The applicant belieces that the 50
foot set back required for a residential zone, is designed to protect
the residk'intial property and not the streets within the residential
zone .
Due to the configuration of the property involved and the anticipated
design of the building , enforcement of the letter of the zoning
ordinance will create an unnecessary hardship on the developer.
The design provides for a 200 .93 foot front yard by measuring the
set back from the west side of S. W . 74th . The front yard of this
project would increase to 240 . 93 feet or create approximately 8800
square feet of non-useable land if this varance is denied .
As proposed our north building line will be located 50 feet from
the south line of tax lot 700 and if the zoning ordinance was
enforced. to the letter the north face of the building would remain
50 feet from the south edge of ta.x lot 700 .
Granting of this variance will not be infringing upon the minimum
set back distance from the residential property and only infringe
upon S . W. 74th Ave
BUTLER TIRE & BATTERY
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