VAR7-75 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PLEASE NOTE: The original paper record has been archived and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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All TCT SUPPLY COMPANY, INCORPORATED
Variance (V 7-75) .
12175 SW Main Street
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AFFIDAVIT OF PUBLICATION � E� ,, °,v. °
. lam ."'s"f?" ;r-r N ! •
r,NOTICE OF.PUBLIC HEARING° t'; AMENDMENT of the TIGARDeZON,
STATE OF OREGON, 2't�,_CITY OF:TIGARD PLA�NNING,�i'tt;;=ING MAP(zone change)to bring the I
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es. ¢ *_ •.,:COMMISSION n ;zoning,of certain parce s'within said-"6
COUNTY OF WASHINGTON, -,:4h,Notice is hereby given'that'public; planning areas,into'conformance.with.
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...hearings be held by' Planning ^ gfrd Community,Plan of 1.971 as •.
__J.D....B }h__S.lr a f Br. __..._.__._..._..__--_ , ' re4,Ptio er if the, arcelsMq be qed ar ,.
„Commission of the City or Tigard in.t ( ) Maps
I __�,•_•___.__ r_•—._•_•__•_ a �] Tuality Junior High School Lecture, ' '' A "q.e rezoned are r' .' '.
_ ,,‘,Room,14650 S.W,97th Avenue,Tigard:- available for inspection at Tigard City
being first duly sworn, depose and say that I am the publisher __ Qregon. Said hearings will occur on Hall,1_420 S.W.Main Street,Tigard.
;c'';August 5, 1975 at 7:30,,P.M. and will A request by James and Elaine;Win-, `
._..of The Tigard Times, a newspaper of general circulation, as defined .`concern the following: ' :a singer for permission to esnlarge.an ex- ,
-••-- -re A request by the City of Tigard and 4 it tingday care center in an 114.zone =.A -
14theNeighborhood Planning Organize- ='a:.S,W, Hall Blvd. an'd•Hu'n2iker•••` .
by ORS 193,010 and 193.020, published at Tigard, in the aforesaid county and "lion,for the Derry Dell-foot of Bull"' St Bets, formerly :tnovrm as'"Tiny
Mbuntain area•(NPO No.3) for..Tigers".(Tax Lot 1000,Wash,Co.Tex:' ;.
. state; that the legal notice, a printed copy of which is hereto annexed, was ;REVISION c:THE TIGARD COMMU- Map 2S1 2BC) • ;;;• ,'
,,INITY PLAN of 1971 for a roughlytrian.;,.. A request by''TC t Auto Supply for. «
published in the entire issue of said newspaper for__-_____-�_...___ successive and .gular area-bounded ley"rS.W. Pacific ,CONDITIONAL USE-PERMIT to es- , •i .
Highway on the South East, Bull,g�'tablish a retail auto parts store'and for,
Mountain on the South-West and S.W., a VARIANCE of on-site parking re- ``
consecutive weeks in the following issues _._._..________._--•._ -_•— ----- uire;nents on:a C-3M zoned site•locat- .
Walnut Street on the North.The nevi- q
�.sions requested would amend both map'..ed at 12175 S.W.'Main Street.(Tax Lot
�_________ u3y., 2�_& AUg_us z 1�7 __.____..__ ,.__ 1,,, and text of said Tiga�'d Community,•3200,Wash Co.,Tax Map 2S1;2AA)..
�� Plan with,respect to the above de-+ A request by John Schmidt:fors a
scribed area,Maps and Text describing MINOR LAND PARTITION of an R-7
( gn ure) the above proposed amendment are.,,zoned site located at S.W.Hall.Bottle- ., r
Tigard City ,vard-and Ross'Street. (Tax Lot 1900,•
. available for inspection a
i,,Hail,12420 S,W..Main Street,Tigard. ,,.Wash,Co.Tax Map 2S1-12B)-;;.r ,
Subscribed and sworn to before me this__.._..._ 11th day of ._... ;.ri A request by the City of Tigard and
�, All persons having an interest,in.
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• ,.,.the Neighborhood Planning Organiza-;these matters a;re'invited to attend and' . '
I tion for the Derry Dell-Foot•of Bull'"`
r _.... _...___...._.._..ALz.gD.S_August 19_75 ? Mountain Area NPO No.3) for an"°`b(I 12 38.�;Pu h`Ju1 27,Aug..3, 5)
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Qa,n-cL erdm:if ,. . ."�.I. . ,.,x: a:i-i A2t:� � L�, a.r•.,. .;. ' 'y Publit of Oregon •
My commission expires __—____.., I!!.._...i9._..47
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August 8, 1975
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Pert Jerry Xelly
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TCq! Supply Co. 0 Inc.
. , 7650 Sorrento
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Beavertln, Or. 97005
Reference: File No. CU 17-75 and V 7-75
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Dear mr. Kelly:
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Please be advised that the Tigard Planning Commissionq at their
August 5 1975, meeting considered your request for permission to
locate a retail auto parts store in a C-3M zoned site at 12175
S. W. Main St. and your request was approvad, subject to the
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following condition:
1. Any remodeling which might occur will be subject ._
to the review of and must be approved by the
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Design Review Board. _
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Your request to allow an exception to Chapter 18.60, Tigard
-..i Municipal Code, requiring off-street parking for a commercial
premise, vas apprav-d with the follawin. londition:
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1 Applicant will use the entire building and if another
leasee should use part of the bulilding„ a decision
must be reached by the Planning Commission as to how
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th parking will be distributed among the applizants.
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Please do not hesitate to call this oftice at 639-4171 if you ,-
_...,-, need additional information or assistaace.
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Sincerolp
Jerald M. Powell, Assoc. A1P
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,.• -. Associate Planner '--
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MINUTES
Tigard Planning Commission
August 5, 1975 - Regular Meeting
Twality Junior High School - Lecture Room
14650 S. W. 97th Avenue, Tigard, Oregon
1. CALL TO ORDER: Acting Chairman Porter called the meeting to
order at 7:35 p.m.
2. ROLL CALL: Nicoli, Popp, Porter, Wakem, Hansen were present;
staff: Bolen and Laws
3. APPROVAL OF MINUTES: Minutes of July 15, 1975, were approved
as read.
4. COMMUNICATIONS
4,1 Joe Chamberlain - tabled until later in the, meeting.
4.2
o Porter commented on CRAG transportation plan and made
reference to the plans designating Gaarde, Tiedeman
and Walnut from Pacific Hwy. to Tiedeman as arterials,
saying the Planning Commission was not given an
opportunity to participate in this matter.
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o Porter then proposed a resolution by which all planning
matters concerning the City of Tigard, as they are asked
to be responded to by either the county, CRAG or the
state should be in the form of a written communique f •.
and have the approval of the Planning Commission.
o Hansen voiced his approval and moved to pass the reso-
lution.
o Bolen commented on CRAG's procedure for acquiring in-
formation from local jurisdictions and stated he
approved of the Planning Commission's proposed reso-
lution.
o Motion seconded by Porter.
o Adopted unanimously.
5. PUBLIC• HEARINGS
5.1 CONDITIONAL USE- CU 15-75 (Wineinger/Gingerbread Preschool)
A request for permission to expand an existing conditional
use day care center in a residential zone at Stir Hall Blvd.
and Hunziker Street. F
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A. Staff report was read by Bolen.
B. Public Testimony
• The applicant, James Wineinger, stated he purchased
the property under the assumption that it would
be licensed for 38 children, but the City had
granted a conditional use for only 30 children.
He further stated that the state was willing
to license the business for 38 children, but
i. would prefer the City approve the additional
requested 8 children.
o Popp asked how long the state permit had licensed
the business for 38 children.
o Wineinger stated on the day he purchased the
property the state reduced the number to 30
due to the limit prescribed by the City's
conditional use permit.
C. Staff Recommendation: approval
D. Commission Discussion and Action
o Motion to approve (Hansen)
o Seconded (Nicoli)
o Unanimously approved.
5.2 CONDITIONAL USE CU 17-75 (Tigard Lions Club/Paper Drop)
A request for permission to locate a paper drop station
(collection of recyclable paper) on a portion of a
C-3 zoned site at 12850 SW Pacific Hwy. , behind Davidson's
Frostop.
A. Staff Report was read by Bolen.
B. Public Testimony
o Applicant was not present
o No opposition
C. Staff Recommendation
o Bolen recommended tabling the matter because
the applicant was not present to make a case
for the record.
o Nicoli and Hansen requested not tabling the
matter and asked for staff's recommendation.
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PC Minutes - August 5, 1975 - page 2 ,
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o Wakem moved for approval, seconle-:_ Haise
o Staff recommended approval with conditions:
1. pave access to drop area from Walnut Pl.
2. pave maneuvering area around building
:.1 D. Commission Discussion and Action
o Popp suggested only paving around the building
because of the expense of the paving.
o Porter suggested tabling the matter because
the applicant was not present and the expenses
that would be incurred for the paving of the
site.
o Nicoli felt the site should remain graveled.
o Motion to approve application without staff
recommended conditions was approved unanimously.
Porter made a motion to hear agenda items 6 and 7 and have a
special meeting the following evening to hear the remaining
agenda items.
Popp recommended to proceed with agenda as it stood®
The other Commissioners agreed and they proceeded with the agenda.
5.3 CONDITIONAL USE CU 16-75 (Martel/TCT Auto Supply)
A request for permission to locate a retail auto parts
store in a C-3M zoned site in an existing building at
12175 SW Main St.
A. Staff report was read by len.
B. Public Testimony
o The applicant entered as evidence pictures of
the site.
o Applicant stated that the staff report covered
the items he wished to cover and that the pic-
tures entered as evidence by the staff did not
show the parking area as it is today.
C. Staff Recommendation
• o Approval, with any remodeling being subject to
Design Review Board review.
PC Minutes - August 5, 1975 - page 3 •
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D. Commission Discussion and Action
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o Popp asked difference between tne parl-.1.ng nwn
in the picture and how it now exists.
o Bolen responded by saying that there are now
more spaces (9) from the previous (6) shown on
the aerial photo.
o Hansen asked the staff if 9 parking stalls- are
1. required for the site, but they are only using
; half of the building, what restrictions would
be placed on someone occupying the other half
of the building.
o The applicant responded by saying that they were
only going to use half the building now, but the
whole building is in their control.
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o Popp asked if the applicant would be sub-leasing.
o The applicant responded by saying no
o Staff report was amended to read the whole build-
- ing would be used and not just 2,000 ft.
o Motion to approve with staff recommendations
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(Hansen) , seconded (Wakem) .
o Approved unanimously
5.4 VARIANCE V 7-75 (Martel/TCT Auto Supply)
A request to allow an exception to Chapter 18.60, Tigard
Municipal Code requiring off-street parking for a cm-
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mercial premise located at 12175 SW Main S . (This
variance request pertains to the conditional use permit
requested above) .
A. Staff Report read by Bolen.
B. Applicant stated.prior comments would serve.
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C. Staff Recommendation
o Approval, with the condition the applicant would
use the entire building and if another leasee
should use part of the building, a decision
would have to be reached as to how the parking
• would be distributed among the occupants.
D. Commission Discussion and Action •
o Popp moved for approval with staff recommendation
PC. Minutes - August 5, 1975 - page 4
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o Approved unanimously.
6. PUBLIC HEARING
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COMPREHENSIVE PLAN REVISION - CPR 3-75
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A request for Planning Commission recommendation of an amend-
ment to the Tigard Community Plan of 1971 in accordance with ;. I
recommendations by N.P.O. #3.
A, Staff Report•
o Presentation of N,P.O. #3 Plan by Bolen.
o Bolen stated that the N.P.O. #3 .Plan is a revision
of the 1971 Community Plan and serves as a more
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comprehensive study of land use within the plan
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o Bolen explained to the Commission and audience the
proposed land use plan map and defined the par-
ticular land uses to include residential, multi-
family, commercial, comet, , t; al-professional, open
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space and streets.
a, Minority. Report
o Report given by N.P.O. #3 member Bibianne Scheckla
who stated that N.P.O. #3 members Eleanor Quimby
and Merrill Berquist endorsed the report.
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a Scheckla stated. that SW Gaarde should not be re-
aligned, but be improved and remain as a resi-
dential street.
o There should be no proposed plans for commercial
property along Gaarde Street and 110th St. should
not be extended to Gaarde.
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C. Public Testimony (questions from audience)
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o Porter asked for comments from N.P.O. #3 members,
o Maurice Lesperance atked .that further comments on
Gaarde St. be heard .and then plan should be
returned to .N.P.O.
o •Mathy..McCoy. 'rtated that ,it. would be unrealistic to
think that Laarde St, could stay the way it is now.
o Porter asked for questions from the audience.
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o Audience response was predominately conornEd with
the N.P.O. 's proposals for the improvements to
'- Gaarde St. with particular concern shown towards
the effects of widening the street, the location
of rights-of-way, the construction of pathways and
bikeways, the environmental impact of increased
traffic volume and the general health and safety
., of the residents who reside along the street.
o Those people asking questions were -1
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, SW Gaarde St. - Phil Spencer
L yell Turnbull
4 Delores Crossway
Bruce Anderson
SW 121st - Wayne Rowe
Lester Taylor
Robert Kircher
Mrs. John Reeves
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Margaret Milne
Roger Croney
Mrs. Conry
Xavier R. 1
Althea Rodde
SW McDonald - Paul Hiavirland
Fred , Schultz
Bob Lamb
SW Village Glenn - Claire Robertson -,•
SW 114th - Bruce Hbllister
SW Viewmount - Jack Skidmore
o Porter then called for comments from the audience.
o The comments from the audience were basically directed
towards the proposed Gaarde St. alignment & widening
and zone change proposals.
o Those commenting were:
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SW 121st - Wayne Rowe
Xavier R.
Roger Croney
Althea Rodde
Robert Kircher
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Lewis Bacon
Sandy Heist
SW Gaarde Tony Porter ,
Marian Fincher
B. Spencer
PC Minutes - August 5, 1975 - page 6
Roger Kling
George Germeyer
SW McDonald - Fred Schultz
Paul Hiavirland
NPO #3 Members - Jean Haldorson ;
Jan McCoy
Dick Kluempke
SW Fairhaven - Jenny Powers
SW 124th - Marie Harold
SW Village Glenn - Florence Robertson
D. Commission Discussion and Action
o Porter directed his comments towards the proposed
P realignment and widening of Gaarde.
o Porter defined collector and arterial streets as
they are stated in the 1971 Traffic Safety Program
and said by calling Gaarde a collector, but actually
using it as an arterial, CRAG and the county will
treat Gaarde and McDonald as arterials once Gaarde
is realigned, signalized and widened.
o Porter also said collector streets should not be
aligned at intersections as connecting collectors
because they tend to put more traffic on them
than is necessary.
o Porter stated that the N.P.O, Plan made a very
arbitrary rule for the land proposed to be changed
from R-7 to Retail Commercial and that the Community
Plan states on page 28 that Retail Commercial develop-
ment at the intersection of an arterial street with
an expressway or another arterial will be limited
• to one quadrant.
o Porter indicated that the N.P.O. Plan stated that
the singular purpose of Pacific Hwy. is to carry
through traffic and that this was in contradiction
to the Community Plan.
o Porter pointed out that the Community Plan states
that neighborhood shopping centers should be lo-
cated at least one mile from J . commercial area
INYTkdinesImildllIrg6iods;and services,. The NPO
Anan ,stated that'neighborhood,centers ,should be
icentrally Ideated to,- the market area they serve.
PC Minutes - August 5, 1975 - page 7 • '*
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o Porter stated he did not think the results of
what the N.P.O. Plan proposes have been looked
at carefully :and that the NPO''s" analysis of Pacific
° ighway contradicts what the Community Plan states.
o Popp felt he needed to study further the N.P.O.
A #3 text.
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o Nicole asked N.P.O. #3 Chairman Kluempke if
s the N.P.O. would like the Plan returned to the
N.P.O.
o Kluempke asked for Planning Commission direction.
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f 0 Wakem stated that it 'would be unfortunate; under ;
$. any circumstanbes, to think. the N.P.O. .Plan was a
complete. reflection of'IMr. Bolen's philosophy. .
, o Wakem suggested that the Plan should not be sent
back to the N.P.O. , but rather first receive
t written comments from staff so that the N.P.O.
,woaP1 have guidelines -& that a Planning Commission
' study session should serve as the means of im-
plementing those guidelines.
. o Hansen stated that further discussion is needed
with particular attention given to greenways
and commercially proposed areas.
o Popp stated that before the Plan is sent back
to the N.P.O. it is necessary that" the Planning
Commission give the N.P.O. direction.
o Popp made a motion to defer any action on the
Plan until a Planning Commission study session
is held.,at which time the N.P.O. would be given
direction.
o Seconded (Wakem)
o Approved unanimously
o A hearing was set for 7:30 p.m. on August 12,
1975, in the G.T.E. Building and the N.Pe0.
#3 members were invited to attend.
7. PUBLIC HEARING
ZONE CHANGE ZC 8-75 , 4-
A request for Planning Commission recommendation to certain
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PC Minutes ® August 5, 1975 - page 8
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parcels within N.P.O. #3 to conform with the Comprehensive
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Plan (Tigard Community Plan of 1971 as amended) .
o Popp moved to table agenda item 7
o Seconded (Wakem)
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o Unanimously approved
I 8. SIGN CODE APPEAL SCA 2-75
An appeal of the City's denial of a sign permit for a service
, club sign advertising meeting times to be placed in front of
the Iii Hat Restaurant at 11530 SW Pacific Highway.
o Porter moved to have agenda item 8 heard after 9.1 :
o Unanimously approved,
9. SUBDIVISIONS '
9.1 MINOR LAND PARTITION MLP 4-75 (Schmidt/Hall Blvd. & Ross St. )
A request for partitioning of a 9 acre parcel into two
lots at SW Hall Blvd. and Ross Street
A. Staff Report was read by Bolen
B. Public Testimony :
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o Applicant stated he has contacted the county to
use a septic tank on the premises and also a
well as means of providing water.
C. Staff Recommendation
o Staff recommended approval with the conditions:
1. Healthful water is provided to the occupancy
and that there is some means of discharging
sewer based on the approval of the County
. Health Department.
2. That the applicant dedicate 5 ft. of property
along Ross St. as Ross St. is designated
as a 50 ft. wide street under the City's
local street standards.
3. That the applicant agree to a non-remonstrance
for a L. I. D. within 10 years.
D. commission Discussion and Action
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PC Minutes - August 5, 1975 - page 9
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o Motion (Popp) to approve with staff stated con-
ditions.
o Seconded (Wakem)
o Unanimously approved
sl OTHER BUSINESS
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Q Communications (Joe Chamberlain)
Subject: Request for City-initiated amendment of the zoning
' map in Lake Terrace Subdivision (Joe Chamberlain -
Arrow Heating Applicant)
A. Staff Report
A L
B. Commission Discussion and Action
o Motion by Hansen for Commission to initiate a zone change.
o Seconded (Nicoll)
1., o Approved unanimously
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8. SIGN CODE APPEAL (Variance Request)
-T: A. Staff Report
B. Commission Discussion and Action --
o Popp recommended to accept sign as shown.
o Porter suggested turning matter over to Design Review
o Nicoli opposed Porter's suggestion
o Porter stated only the placement of the sign should be
considered.
o Porter asked if there was any other place on the pre-
mises where the sign might be located and, comply with
Tigard Sign Ordinance.
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o Porter raised the question as to the sign being in the ;
right-of-way.
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o Motion (Hansen) to approve location of sign subject to
■ approval of the public works department for reasons of
n \ public safety.
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o Seconded (Nicoll) .-
o Motion passed 4-00 Wakem abstained.
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10. ADJOURNMENT: The meeting was adjourned at 12:05 A.M. .-
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PC Minutes - August 5 1975 - page 10 . _.,..;.,
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1 4I CONDITIONAL USE - VARIANCE - TEMPGPABY USE - NON7 CONFORMING .,
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#I. CHANGE . COi�TDIT -
USE REQUESTS.. •`} Fie # • •,• f
j APPLICATION "�`
` Fee Rec'd. '. e."
Commission 639--4171 Receipt # f?.S�(
Tigard Planning
12420.SW Main St., Tigard, Oreggn 97223 Date Rec'd., ,? _
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PLEASE PRINT IN INK 0R TYPE' • . • .. .: . •
•Requested f�7/ uec'c [ " -CvAk( �av-«: *PAR tom.
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Action --- • ~2�(��t
-`•C—\ S U{'P�4' Cfl 1rJ t_.' • . Phone (043-2.40q ,
Appl`icant's Name: (�(�f n T-r
l.J 1`1 CL'7 V CL). PC_. V `7.1- V. C)\2:-..---
APPlicant's. Address SUJ.. S� state zip)
s reet city
Owner's Name 442 c-.-.C.-.__i*_l_t..>_'- . ,
; . Owner's Address^, (stree ' city state . zip
Applicant is • Owner s Contract Purca • •
• Other X_ - LE_- r .• W
F Owner Recognition o application. �'v.•v • •• • '. \IP k.\ " k (0.• V8 - ( ' \ -0..(•-- '. * ' . . •
• ",tom' ,. ,.... ILA , i '
• . signa ure o owner s. .•
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f Person responsible for eppl�- • •
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PROPERTY INVOLVED:
flax Map #:52-00 Tax Lots)
° kiJ YY\11\ •' • ' Area ' .t1'14 .k (acres)
Address 2l 7 5 S, a,.-..o...-..•— . '
a `` 3�c�c� C rnT t��z tk
Existing Buildings (# and type) Otv c- ,
s.;.,,,, thvtk■ -,---r, soon IT . '
Current zoni,ng
Current Use ±C4N'i
o Applicant's ' ' Applicant's• . 0 ,c.,
Proposed Zo ning Proposed•UTsE �-nmic ^ , rte
SUBMISSION REQUIREMENTS:
Title Report "Fasano"Requirements
Legal Description Vicinity Map
- Tax Map .. Site Development Plan
r .....,..... ...Site Plan .
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July 21, 1975
r To: Tigard Planning Commissio“ and, Staff
Re: Section 18v76--Granting Conditions
We ask a valance of Chapter 18.60 (re: parking off
street C-3M-18.29) for Lot #3200 on Main Street,
. Tigard, Oregon.
• We believe the following conditions do exist. Each
39;:,'' condition is in answer to the requirements set forth
by Chapter 18.76--Section l8„76„020.
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_ , A] The lot size and shape are of such nature that
an off street parking area is impossible.
(See site plan.)
B] Adjacent properties to the NE & SW are not
for sale. Both have leases in effect and
both owners have been contacted regarding
. ; purchase ozi lease of their property for
` `, parking purposes.
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-fir A] We feel the variance is necessary for the
, preservation of a property right of the
`, applicant, an agent of the owner by lease.
This right is in substance the same as is
possessed by other owners or tenants in
the adjacent areas--it is our understanding
that the existing parking code has, in
effects condemned a large portion of the
buildings on Main Street who have no re-
course for obtaining additional off—street
parking areas.
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Authorization of this variance would not be detrimental
to the property in the zone or the vicinity.
A] On—street, parking is adequate for the needs
of the propsed tenant. There are nine on—
st street spaces provided. The parking code
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(C3M-18.29) provides for: i'
3 spaces per use=3
1 space per 500 sq. ft. (2000 ft. retail)=4 j:,
(2000 ft. storage) .;
1 space per 2 employess—(2 employees)=2
Eleven spaces are suggested by the code and , --
nine spaces are provided on street directly !
in front of the building. This does not in- #..
elude the parking directly across the street.
The spaces in front of the building are not
0 being used at present. We have checked the
empty spaces at peak rush periods and have
witnessed that no more than 2 of these 9 1 :
spaces are in use even at these busy times. :
The two spaces suggested by the code could t
be absorbed by adjacent empty spaces. ;
B] Historically, this area has not had a parking :'
problem. John Aniker, who leased half the ; :
building from 1952 through 1965, indicated j =:
no parking problems during the time of his
occupancy. At that time, there were two re— .: .
tail occupants in the building.
4
2
14.] The action requested is the minimum var-
iance from standards that will alleviate the
• hardships.
=
•
•