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Resolution No. 88-116 CITY OF TIGARD, OREGON RESOLUTION NO. 88-_�� A RF.'SOLUT£ON ADOPTING FINDINCS AND CONCLUSIONS TO APPROVE A VARIANCE (V 88-31) AND A TEMPORARY USE (TU 10-86R) REQUESTED BY KEY BANK OF OREGON. WHEREAS, the applicant requested a variance to extend a previously approved temporary use request b2,vond the maximum allowable period of two years and for more than one extension; and, WHEREAS, the applicant also requested approval of the temporary use of a mobile office trailer to provide temporary office space until construction at a new location is complete; and, WHEREAS, the City Coancil heard the abeve applications at its c:eeting of December 5, 1988. NOW, THEREFORE, BF iT RESOLVED by the Tigard City Council that: Suction 1: The proposal. is consistent with all relevant criteria contained in the attached findings (Exhibit "A"). and map (Exhibit "B"). Section Z: The City Council upholds staff's recommendation for approval of the variances and the temporary use request with no modifications. Section 3: The trailer must be removed from the S.W. Sandburg Street location no later than 4 pm on December 17, 1989. Section 4: The Council, therefore, ORDERS that the above referenced requests be APPROVED. The Council FURTHER ORDERS that the Planning Director or the City Recorder send a copy of Final Order as a Notice of Final Decision to the parties in this case. PASSED: This Aq day of t (�� ��,�'7,2 , 1988. AT'T 'layer'laYor C igard Deputy Recorder - Cltv oT Ti,ard EC PR A'S- � i t '-City Recorder -1 G /a-- Date br/8386D RESOLUTION 170. 88- Page I AGENDA ITEM � tiTAF(- REPORT --- DECEMBER 5, 1988 - 7:30 P.M. TIGARD CITY COUNClt rx TIGARD CITY HALL - TOWN HALL .{ 13121, SW HALL BLVD. _1-IGARD, OREGON 97224 A. FACTS 1. General Informal ion CASE: Temporary Use iu-86R and Variance V 88-31 REQUEST: A recuest by Pacific Western Bank for approval of_ a variance to allow a one-year extension of a pr-v ir,.,sly approved two--year temporary use request to continues use f an office trailer on a 3.92 acre site. COMPREHENSIVE PLAN DESIGNATION: Commercial. Professional ZONING DFSIGNATION: Commercial Professional (C--P) APPLICANT : Ned Takasumi OWNER: ACS/Pacific Western Bank Pacific Western Bank 300 Pacwest Center 300 Pacwest Center 1200 SW Fifth Avenue 1211 SW Fifth Avenue Portland, OR 97204 Portland, OR 97204 LOCATION: 2. 8ackaround Information A temporary use request was submitted to the Planning Division in September, 1986, requesting approval t, locate a 24' x 60' mobil, trailer to be used as emergency office space for the bank's service center. The future merger and acquisition of other banks was given as the reason. Resolution 86--123A approved this request subject to certain conditions. In 1987, the applicant requested a renewal of the temporary use permit and that request was also approved by resolution. In July, 1988, a request for a Site Development Review (SDP. 88-16) and Variance (V08-22) was approved for Pacific Western Bank subject to 13 conditions. The approval was for construction of an 88,125 sgsi�ro foot office building on SW 68th Parkway and variances to the parking space Ididth and the requir,d number of driveways. The construction of this facility has begun and the applicants indicate that this building m.ay !i be expanded in the future. I STAFF REPORT - TU 10--86R/V 88-31 - PAGE 1 g 3. Vicinity_Infotion 11 Properties to the east, west and southwest are zoned and developed I—P (Industrial Park). Properties to the north and south are zoned G-P (Commercial Professional). 4. Sit_Informat_ion_and__PruoRgsal Description The subject parcel is located at the southeast corner of SW 72nd and SW Sandburg street. The northern lax lot 3800 contains the Associated Computer Services building and the trailer. Tax lot 3900 to the south contains the Pacific Western Bank's Service Center. The applicant is requesting variances to Code Section 18.140.020(c)(1) wi=9ch allows a maximum of at one—year extension to teuipurary use permits anU Section 18.140.020(c)(4) which allows only one renewal for te;s;porary uses. 5. enC'Y wnS i\'Pv Cunnnt•iit7 The City Engineering Division has reviewed the proposal and has no comments or objections to it. The City Building Division has reviewed the proposal and comments: This department will onlyan extension to i'--e date of occupancy of their new building or November 2, _989. Any occupancy beyond that time will require the building to meet apr,licable building codes. The Building Official notes that the (- applicant's statement requests a final date of November 2, 1989 and elsewhere in the statement requests an expiration date of November, 1990. The Fire District states that it shall be acceptable to continue occupancy of the structure until the new facility is completed and an occupancy certificate is issued or until November 2, 1989, whichever comes first. The November 1990 date noted in Section III is unacceptable. No ocher comments were received. B. FINDINGS AND CONCLUSIONS This application will be considered by the City Council and not the Planning Director because the two previous temporary use requests were considered by the Council. Section 18.134.050 of Tigard's Community Development Code contains the approval criteria whereby the Director (or the Council in this case) can approve, approve with concliti•Drrs, or deny a request for an Administrative Variance. They are: (1) The proposed variance will not be neater ally detrimental to the purposes of this Code, be in conflict with the policies of 0'Ll Comprehensive Plan, to any other applicable policies: and standards; and to other properties in the samo zoning district or vicinity. STAFF REPORT — TU 10-86R/V 88-31 — PAGE 2 (2) There are Special circumstances that exist which are peculiar' to the lot size or shape, topography or- other circumstances over which the applicant has no contrail, and which are not applicable to other properties in the same zoning distri+_L; (3) The used proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent that is reasonably possible, while permitting some economic use of iho land; (4) Existing physical and natural systems, such as but not limited to traffic, orainage, dramatic land forms or parks will riot be adversely affected any more than would occur if the development were located as specified in the Code; and (5) The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. tie a;,pj.c........ant, - t has been stated that banks ar;a limited from committing funds for merger expanses before the effective date of a merger-. Immediately after a merger, the bunks must operate as one bank. This creates an emergency situation beyond the control of the bank. The applicant now states that the new Key Pacific Services Corporation service center will be available for occupancy in September, 1989, yet he is requesti+-.y a Variance to allow more than one renewal for longer than one year. Staff finds that this request is not in conflict with the Cede standards or the Comprehensive Plan policies and will not be materially detrimental to other properties in the vicinity. Regulations preventing the operation of a bank as a single entity prior to a merger and the inability of the bank to move into its new location constitute special circumstances related to this case. City standards will be maintained to the greatest degree possible and existing physical and natural systems will not be affected (the trailer is already in place). The applicant provides no justification for an additional t_wo--year extension. Staff can only assume that this would allow the bank one year to transfer its operations to the new facility. Staff recommends, absent- of further specific justification, that this temporary permit be extended for a period no longer than 13 months. STAFF REPORT - TU 10--86R/V 88-31 - PAGE 3 c RFra"d UMATION • `1% ""ed upon that' findings and nclusions notedabove, the Director reromauends co fol; approval ef` fU 10-86 anPlanning .owing conditions: d V 88-31 subject to the 1. Unless otherwise noted, all condi Cions of approval prier W 68th Parkwaayissuance an ocpancy PermiL For the new building at . cushall bo mot 11308 ;:;W 2. the trailer must be removed from the SW Sandburg Street locat no later than A p.m. on December 17, 1989. ion 3. This Permit is valid until December 17, 19G9 extended, and shall not be PkEPAREO BY: Deborah A. ' wart AFPRUVED 8Y: th G Assistant MKei Planner . Aiden 81O9D Senior Planner L STAFF REPORT - TU lO--d6R{V 88-31 - PAGE 4 c—.-n nr viT y - \ Y EIEftEHT/V17 SCHOOL .moi r ,� new ca.as. enswe� ,. --