Ordinance No. 73-18 r
CITY OF TIGARD, OREGON
ORDINANCE No. 73 -
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFICATION
OF LANDS OF CHARLOTTE K. SHRIER AND AU'T'HORIZING CONDITIONAL USE OF
AN A & W DRIVE-IN IN A C-3, General Commercial Zone IN THE CITY OF
TIGARD, COUNTY OF WASHINGTON.,
( THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: The Council finds that the lands hereinafter described
have heretofore been and are now classified for C-3,
General Commercial uses pursuant to zoning ordinances of the City
of Tigard.
Section 2; The Council further finds that pursuant to prescribed
procedures application for conditional use of said land
has been filed to enable the use thereof for an A & W Drive-In
Restaurant within the C-3, General Commercial zone; that a public
hearing was held by the Planning Commission on April 17, 1973
after due and legal notice, and the findings of the Commission
recommending disapproval are on file with the City Recorder, a copy
whereof is hereto attached and by reference made a part hereof.
Section 3: The Council finds that after due and legal notice, a
public hearing was held before an impartial Council
on May 14, 1973, and continued to June 11, 1973, and thereafter
continued to June 25, 1973; and at all said hearings all parties at
interest-,were afforded an opportunity to be heard and to present and
rebut evidence.
Section 4: The Council hereby makes the following findings:
(1) That the proposed use is consistent with Sec. 18.28.020
of the Tigard Municipal Code and may be authorized in
the C-3 zone, subject to such conditions as may be
necessary in the judgment of the Council to provide
protection for the general public and the surrounding
neighborhood.
(2) That the following conditions are necessary and in the
public interest in accordance with Section 18.72.010
Tigard Municipal Code:
a. That one-way access from Pacific Highway be Limited
to one drive-way entrance located on the-.southwestern
portion of the subject property. One drive-way, access
or exit shall be provided on Garrett Street.
b.- The site plan and landscape plan shall be subject
to.approval_by the Planning Commission as required by
the Tigard Municipal Code, and applicant shall comply
with 'conditions of such approval.
Section 5: That in accordr,,nce with the foregoing, the proposed
conditional use of the following described lands and
the same is hereby approved.
See Exhibit "A"
Page 1 - ordinance No. 73-
Section 6: This ordinance shall become effective on the 31st day
after its enactment by the Council and approval by
the Mayor.
PASSED: By unanimous vote of all Council members present after
being read three times by number and title only.
This I - day of tl�,, 1973.
F'
Recorder - City igI a
(/7
APPROVED: By the Mayor, this �7,t- day of ��,,,, 1473.
Mayor City of Tigard
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Page 2 - ordinance No. 73--j2_
EXHIBIT "A"
point on the West line of Lot 10, Frewing's Orchard
Beginning at a p 2
Tracts, Washington County, Oregon, 2.41 chains North of the Southwest
corner of said l.ot; thence North 240 37' East, on a line Westerly
of that tract conveyed to Glenn Cade, et ux, by deed recorded in
ords, 2.9 chains to a point on the North
Book 205 at page 97; Deed Rec
line of said Lot 10; thence continuing on a line North 240 37'
East, on a Line weste_ly of that tract conveyed to Glenn Cade, et ux,
by deed recorded in Deed Book 258 at page 817, a distance of 0.99 chains
to a point; thence North 610 05' west 1,82 chains to a pipe set
at a re-entrant angle of Lot 8, Frewings Orchard Tracts; thence
continuing on a line North 610 05' West 1.07 chains, more or less,
to the centerline of County Road No. 477; said County Road No. 477
now being within the right-of-way of S.W. Pacific Highway (State
Primary Highway No. 1 West - Pacific Highway West); thence South
170 West 51 links to the most westerly corner of Lot 8, Frewing's
Orchard Tracts; thence South 220 West 2.45 chains, more or less,
along the center of County Road #477; thence in an Easterly
direction, on a line North of that tract conveyed to Harold N.
Cutting, et ux, by deed recorded in Deed Record Boo;: 197 at page
324, 2.03 chains, more or less, to the most Southerly Southwest corner
of Lot 8, Frewing's Orchard Tracts; thence South 27' West, on a
line Sas t of said Cutting tract and that tract conveyed to Roland
W. Ingalls, pt ux, by deed recorded in Deed Bool: 270 at page 455,
2.01 chains to the point of beginning, and being the same property
as that described in deed given by Nathilda Gaarde and John Gaarde
to Cmil Heilman and Carrie Heilman, recorded rt. :iced Book 114, page
457, exclusive of Lots 8 and 1U, Frewi.ng's Orchard Tracts, including
however, such portions of said Lots 10 and 8 as ht:tein described.
EXCEPTING, he:efron, than portion thereof which is dithin the right-
of-way of ;..:. Pacrfic Highway 'State Privar..• H;ghway No. I West -
Pacific
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