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Resolution No. 91-05 CITY OF TIGARD, OREGON RESOLUTION NO. 91-05 IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF AN APPEAL OF A HEARINGS OFFICER DECISION TO APPROVE A SUBD'IVTSION APPLICATION: (SUB 90-0010) PROPOSED BY JIM CASTILE. WHEREAS, the City of Tigard Land Use Hearings Officer reviewed the case at a public hearing on August 28, 1990; and WHEREAS, the Hearings Officer approved the application subject to certain conditions; and WHEREAS, this matter came before the City Council at its meetings of November 5, 1990 and February 12, 1991 upon the request of Neighborhood Planning Organization No. G, and WHEREAS, the Council reviewed the evidence related to the appeal; THEREFORE BE IT RESOLVED that the requested appeal is DENIED and the Hearings Officer's decision is upheld based upon the facts, findings, conclusions, and conditions of approval noted in Exhibit "A" (Hearings officer's final order) with the following { modification: I. Condition 11 of the final order shall be modified to read: The applicant shall demonstrate that sLLormwater drainage from the subdivision can be discharged to an existing public storm sewer of adequate capacity, vo the natural drainageway to the north of the site near Mc Donald Street, or to any other storm drainage system acceptable to the City Engineer.. The Council further orders that the City Recorder send a copy of this final order to the applicant as a notice of the final decision in this matter. PASSED: This {h day of March,/r 91.al erd R.,Edwards, Mayor igard ATTEST s rr Fityr�,P bu"� `. Tigard City Recorder 1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CI`PiC OF TIGARD,OREGON Regarding an application by Jim Castile for approval of ) FINAL ORDER a preliminary plat for a 6-lot subdivision in the R-4.5 ) SUR zone fo:land ad oining SW 97th Avenue-south of ) S n 90-0010 McDonald Street in the City of Tigard,Oregon ) (Castile Park) 1. SUMMARY OF THE REQUEST The applicant requests approval of a preliminary plat to subdivide a 1.45-acre parcel into 6 lots ranging from 6,811 to 10,800 square feet- The applicant proposes to construct a private drive along the south edge of the site to serve the lots. In addition the applicant will improve SW 97th Avenue-adjoining the site. An interim on-site storm water retention facility is proposed until adjoining land m the north is developed and a storm sewer is extended to the site. Staff recommended conditional approval. In the staff report,the staff reconmuended that the preliminary plat be limited to 5 lots to comply with minimum lot area requirements. At the hearing,the applicant argued and the staff agreed that the proposed C lot plat could be approved consistent with minimum lot arra requirements. Five area residents testified. Four expressed objections and concerns regarding the minimum lot size,the need for an east-west through street in the area,setbacks and buffers,tree removal,storm drainage, and detrimental impacts on area schools. One neighbor testified in support of the proposal. LOCATION: Adjoining the east side of SW 97th Averue,about 200 feet south of McDonald Street,WC .N4 2S1 I IBA,Tax Lot 1301 APPLICANT: Tim Castile represented by Harris-McMonagle&Associates PROPER Ir OWNER: Jim Castile SITE AREA: About 1.45 acre-- APPLICABLE cresAPPLICABLE LAW: Community Development Code Ch.18.50,18.92, 18.108,18.150, 18.160,and 18.164 and Comprehensive Plar.policies 2.1.1,7.1.2,7.3.1, 7.4.4,8.1.1, and 8.1.3 STAFF RECOMMENDATION: Conditionally approve EXAMINER'S DECISION: Conditionally approved 11. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: The site is a rectangular parcel about 124 feet north-south and 505 feet east-west and contains about 1.45 acres. B. Site location The site adjoins the east side of SW 97th Avenue feet south of McDonald Street and about 180 feet north of Twality Junior High School. Page I- Hearings Officer decision SUB 90-0010(Castile Park) r _ ,o 12 -- ME C. Existing uses and structures: There is a dwelling,garage and associated storage shed on the western portion of the site. A gravel driveway leads from SW 97th Avenue to the garage. D. Proposed uses and structures: 1. The applicant proposes to divide the site into six lots. a. Lot 1 will contain about 10,600 square feet and the existing house. It has a lot width of about 94 feet. The existing garage and shed are proposed for removal. The preliminary plat notes a new garage will be built to serve the existing home. If the existing shed is removed from the north side of the house,the house will be setback about 15 feet i`rom the north property line. b. Lots 2 through 6 will contain about 7500 square feet and a minimum lot width of about 67 feet_ 2. The applicant will build a private drive within a 30-foat easement along the south edge of the site from 97th Avenue either to the west edge of lot 5 or 6,depending on how the lot area is computed. A tum-around is proposed at the east end of the easement. As shown on the preliminary plat,the turn-around would extend onto lot 6; however,to comply with minimum lot area requirements for that lot,the turn-around will have to be moved west,because laud within a road easement is not counted toward lot area. The drive will consist of 24 feet of pavement between curbs. A 5-foot concrete sidewalk will be built on the north side the curb. About 2-1/2 feet of the sidewalk will be situated within a 10-foot wide easement on the north side of the private drive easement. The sidewal s may terminate at the point where the drive serves only two lots,consistent with CDC 18.108.070. If the sidewalk continues east of that point,City staff recommends the area of the sidewalk be included in the lot area i:the lots it crosses. The remainder of the 10-foot easement will beused for thdlk Ps. The drive within the easement will be setback about 2-1/2 feet from the south property line, and the applicant will landscape that setback and install a fence,at the south edge of the site to the extent a fence does not exist between the site and land to the south. A fire hydrant will be situated within the private drive or utility easements. 3. The applicant also will build a storm water drainage system. See finding ELF. E. Existing and proposed vegetation There are several fir trees and assorted deciduous trees and other landscaping materials on the western third of the site and along the east edge of the site. The remainder of the site is mostly open and grass covered. The proposed development's private street, utilities,and residences will require the remr�val of a significant number of trees. The examiner assumes that the site will be landscaped with vegetation typical of other developed lots in the vicinity. F. Topography and drainage 1. The site slopes from an elevation of about 292 feet in the southwest comer to 268 feet in the northeast comer. No grading plan has been submitted. Page 2 Ifearings Officer decision SUR 90-0010(Castile Park) kWN, AM 2. 'Pe applicant will grant a 20-foot sanitary and storm sewer easement along the north edge of the site across lots 2 through 6. The applicant will build a 10-inch diameter storm sewer Iine and an 8-inch diameter sanitary sewer line in the easement. Stony. water will flow due east on the paved drive. .l be directed to an inlet at the e?.st end of the drive. From there,it will be directed through a closed pipeline to a 3-foot deep and roughly 50-font long storm drainage diffusion trench in the storm sewer easement. The trench will be filled with 2-to 3-inch rock. Storm water from roof and footing drains also will be directed to the trench. The applicant testified that individual drainage trenches may be provided for each lot as well as or instead of the single trench shown on the preliminary plat. The storm sewer would eventually be linked with a public storm sewer when development to the north makes this feasible. The storm sewer will drain to McDonald Creek about 600 feet north when intervening land develops. G. Plan designation and zoning: The site and vicinity are designated Low Density Residential on the Comprehensive Plan Map and are zoned R-4.5(Residential,4.5 emits per ac-),except the land to the northeast known as Mara Court,which is R-7(Residential,7 units per acre). H. Public services and utilities: The site is served by public sewer and water systems. Sewer service is available from an existing 8-inch lire from an existhig manhole at the west end of SW View Terrace northeast of the site. The line will be extended across a 10-to 15-foot easement over lot 32 in the Penrose Subdivision to the northeast A 6-inch diameter water line will be extended from 97th Avenue in the easement for the private drive. L Streets and access 1. The site has about 124 feet of frontage along S W 97th Avenue,a major collector street with a 30-foot paved section but no curbs,storm drains,or sidewalks. The applicant will dedicate 5 feet for the widening of the 97th Avenue right of way and will widen the street to a standard half-width section with curb and sidewalk on the east. 2. There is no direct vehicular connection between 97th and 93rd Avenues south of McDonald Street and north of Sattler Road a. SW View Terrace is about 100 feet north of the east edge of the site. View Terrace could be extended west to 97th Avenue in the future. If the applicant dedicated right of way for such an extension along the north edge of the site,it would facilitate such a connection,but would result in creation of an irregular and largely useless remainder tract where the street would have to curve to make the connection. When adjoining land north of the site develops(Tl-1300),View Terrace could be extended west to 97th Avenue with a less extreme curve,so that it will not create a largely useless area at the curve. b. SE Inez Court serves lots south of the site in the Butler Terrace subdivision. There is no potential for extending that street to 97th Avenue because of intervening development There is a pedestrian connection from 97th Avenue to Inez Court along the north edge of the Twality Junior High School property south of the site. c. The private drive on the applicant's site cannot be extended directly east to other public streets to the east because of development to the east. Page 3 - 11—ings OfTuer decision. SUB 90-0010(Castife P—k) .1. Surroutuling land uses Land to the north is a roughly 100,000 square foot tract that contain one older single family home- Land to the east and south is divided into urban-sized lots that are developed with sir:gle fam ly detached dwellings. There is an oversized lot with a single family home to the southwest. Land to the west is divided into oversized lots and is developed with single family detached homes. Twality Junior High School is about 180 feet south of the site. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code. 1. Chapter 18.50 contains standards for the R-4.5 zone. A single family detached residential unit is a permitted use in the zone. Lots in the zone must comply with the following dimensional requirements: Minimum lot size 7500 square feet Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback 15 feet/20 feet for a garage Rear setback 15 feet Nfaximum building height 30 feet 2. Chapter 18.92 contains standards for density. The number of dwelling units permitted is based on the net development area,excluding sensitive land areas and land dedicated for public roads or parks. To determine the number of lots,multiply the net development area by the number of units allowed per acre in the zone. 3. Chapter 18.108 allows private streets to serve up to 6 dwelling units subject to pavement width and improvement standards that vary depending on the number of units served. A private street serving 6 dwellings is inquired to have a minimum 24-foot paved section in a 30-foot easement;curbs and walkways are required except beyond the point where a private mad serves fewer than 3 dwellings. A turn-around is required for a private street that is more than 150 feet long. A hampaerhead turn-around is permitted if each leg of the hammerhead has a minimum?:=�pth of 40 feet and a minimum width of 20 feet. CDC 18.92.020(A)and 18.26 provide that the area used for private streets does not count toward the area of any lot. 9 4. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter four feet above the ground on undeveloped land. A permit for tree removal must comply with the following criteria: a. The trees are diseased,present a danger to property,or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner, c. The trees are not needed to prevent erosion,instability,or drainage problems; q Page 4- iteorings Officer decision SUB 90-0010(Castile Park) I- The trees are not needed to protec<nearby trees as windbreaks or as a desirablebalance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal;and f. New vegetation planted by the applicant,if any,will;;place the aesthetic value of trees to be cut 5. Chapter 18.160 contains standards for land divisions. To be approved,a preliminary plat must comply with the following criteria: a. It must comply with the City's comprehensive plan and the applicable zoning ordinance and other applicable ordinances and regulations; b. The proposed plat name may not be duplicative and must otherwise comply with the provisions of ORS Chapter 92; c. The streets and roads shall be laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width,general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. 6. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A)requires streets within and adjoining a development to be dedicated and improved based on the classification of the street b. Section 18.164.03,3(E)provides a major collector street is to have a minimum 60-foot right of way and 44-foot paved section between curbs and sidewalks. c. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street d. Section 18.164.070 requires sidewalks adjoining all collector streets. e. S,-ction 18.164.090 requires sanitary sewer service. f. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive P(an Policies. 1. PoF_:;y 2.1.1 provides the City will assure citizens will be provided an opportunity for be involved ir.all phases of the planning process. 2. Policy 7.1.2 pro-.,des the City will require as a condition of development approval that public water,sewer,---nd storm drainage will be provided and designed to City standards and utilities placed underground. 3. Policy 7.3.1 provides the City will coordinate water services with water districts. r Page S- Hearings 0/jleer decision suo 90-0010(Castile Park) 4. Policy 7.4.4 requires all new development to be connected to an approved sanitary f sewer system. 5. Policy 8.1.1 provides the City will plan for a safe and efficient sweet and roadway system that meets current needs and anticipated future growth and development. 6. Policy 8.1.3 provides the City will require as a precondition of approval that: a. Development abuts a dedicated street or has other adequate access; b. Street right o:way shall be dedicated where the street is substandard in width; c. The developer shall commit to construction of the streets,curbs and sidewalks to City standards within the development; d. The developer shall partidDate in the improvement of existing streets,curbs,and sidewalks to the extent of the development's impacts; e. Street improvements shall bo made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. HEARING,TESTIMONY,AND NPO&AGENCY COMMENTS A. [fearing. The examiner received testimony at the public hearing about this application on August 28, 1990. A record of that testimony is included herein as Exhibit A(Parties of Record),Exhibit B(Taped rroceedings),and Exhibit C(Written Testimony')_ These exhibits are filed at the Tigard City Hall. B. Summary of testimony. i. Jerry Offer testified for the City and summarized the staff report and recommendation. He modified the written staff report to recommend approval of a 6- lot land division,provided the private street and turn-around are redesigned so that all lots comply with minimum dimensional standards and recommended that the area used for sidewalk east of the point where such sidewalks are required be counted toward lot area 2. Tim Castile and Bill McMonagle testified for the applicant. Mr.Castile introduced a photograph showing the shed to be removed and testified that the house will be setback at least 15 feet from the north property line once the shed is removed. He and Mr. McMonagle testified that they could modify the private street to reduce its width and to relocate the hammerhead tum-around so the 6 lots do comply with minimum lot size requirements. Mr.Castile also testified that the lots are laid out to minimize adverse effects on the views and privacy of lots to the south. 3. Stephanie Mitchell,Don Ferguson,James Long,and Lynn Worth testified against the subdivision. In general their concerns were as follows: a. The subdivision reflects a cookie cutter approach to land development,continues the proliferation of dead-end streets in the area,and does not address adequately the integration of cross-streets. The applicant should be required to provide right of Page 6, Hearings Officer decision SUB 90-0010(Castile Park) t - r way along the north edge of the site so View Terrace can be extended west. The { proposed street system violates policy 8.1.1,because it does not result in an efficient and safe street system_ b. S,onn drainage from the site will change as a result of the proposal. During peak storms,storm water will flow over adjoining property to the north rather that northeast as it does now. c. Schools cannot accommodate more growth. C. NPO and Agency Comments. 1. NPO#6 expressed concern about the impact of the street configuration on circulation,voicing concerns articulated by Ms.Mitchell in her testimony. 2. The City Engineering Division recommends approval of the private street; establishment of the stone drain system as a private sewer,connection of the private storm system to a public storm sewer when feasible;and enforcement of surface water management regulations. 3. The City Building Division recommends acquisition of a demolition permit before removal of structures from the site;submission of utility locations and appropriate easements;and extension of the storm drainage systcm 10 the public storm,sewer. 4.Tigard School District noted its concem regarding growth in the:tea generally as it relates to school capacity. It recommends prospecd ve purchasers be advised that students may have to be bused to other schools or placed in portable classrooms. 5. The Fire Department recommended the fire'-ydrant be situated at he intersection of the private drive with 97th Avenue. V. EVALUATION OF R F_QU1ST A. Compliance with Community Development Code. 1. The proposed lots comply with the use standards of the R-4.5 zone,because they will be used for single family detached dwelling units. 2. The lots do or can comply with the dimensional standards of the R-4.5 zone, provided the private drive and tum-around are redesigned,because they each will contain at least 7500 square feet and a minimum average lot width of 5O feet, The existing structure on lot I violates setback requirements;therefore,a condition is warranted requiring removal of the offending portion of that structure. A condition also is warranted requiring the applicant to obtain a demolition permit for structures removed from the site. 3. The proposed subdivision complies with the density standards of Chapter 18.92, because the developable area of the site divided by 4.5 units per acre equals 6.3 lots. 4. The applicant will remove a significant number of mature trees to provide for public rights of way and utilities.A condition is warranted prohibiting the applicant from removing trees 6 inches or more in diameter four feet above the ground from the site until the applicant applies for and receives a tree cutting permit pursuant to that chapter. Page 7- 11—ings OJT,--e-decision SUI?90-0010(Castile Park) 6 5. The proposed subdivisiont complies with Chapter 18.150,because: a. It complies with the Comprehensive plan map designation of the site,the applicable plan policies,the regulations of the R-4.5 zone,and other applicable regulations. b. The proposed name of the subdivision is not duplicative. c. The road on the site is adequate to serve the site and cannot be extended off-site efficiently. Although a road along the north edge of the site could be designed to join View Terrace,it will contain a curve that is more extreme and results in less useable land area than would extension of that street due west across tax lot 1300 when that lot develops. The Code does not authorize the hearings officer to require this applicant to provide an access plan for the area to solve the cross-circul,at-ton problems evident in the community. That responsibility falls on the City in its case- by case review of proposed development. Whether that policy is most efficacious is not relevant to the review of this subdivision nor within the jurisdiction of the hearings officer. 5. The proposed se?division complies with Chapter 18.164,because: a. The applicant will dedicate for and improve the public road adjoining the site to City standards. b. Lots are not more than 2-1/2 deeper than the lot width and have at least 25 feet of frontage on a street c. The public street and the private street on the site will be improved with sidewalks at least to the point where the street serves only 2 lots. d. All lots will be served by public sanitary sPwcr and a stern"dra-L-agc system, Conditions are warranted requiring granting of easements for the storm sewer system and other utilities where they cross private property,and requiring the applicant to subunit a plan showing the location of existing utilities That will be retained. B. Compliance with Comprehensive Plan policies. 1. The subdivision complies with Policy 2.1.1,because notice of the application or hearing was provided to the neighborhood p.,inning organization in the area and to owners of property in the vicinity of the site. The concerns raised by the NPO and neighbors have been considered in reaching this decision. Although the development does not result in cross-circulation,it is consistent with the Comprehensive Plan to develop the site with a private"dead-end"street 2. The subdivision complies with Policies 7.1.2,7.3.1,and 7.4.4,because the applicant will extend public sewer and water system to the site,will provide a storm water drainage system on the site,and will provide underground utilities. Detailed public facility improvement plans need to beprepared and approved. 3. The subdivision complies with Policy 8.1.1 and 8.1.3,because the street system on and adjoining the site will be improved to City standards or modified as permitted. Page 8- llearir<gs Of�icrr decision SUB 90-0010(Castile Park) y N mail!116M E 40 1 VI. SITE VISIT BY EXAMINER The examiner visited the site and area that could be affected by the proposed change. VII. CONCLUSION AND DECISION The examiner concludes that the proposed subdivision will promote the general welfare of the City,and will not be significantly detrimental nor injurious to surrounding land uses, provided development that occurs after this decision complies with applicable local,state, and federal law. In recognition of the findings and conclusions contained herein,and incorporating the Staff Report and other reports of. ---ted agencies and public testimony and exhibits received in this matter,the examiner li,=by approves SUB 90-0010(Castile Park),subject to the following conditions: UNLESS OTHERWISE NOTED,ALL CONDITIONS SHALL BE SATISFIED AND COMPLETION OF PUBLIC IMPROVEr%4ENTS FINANCIALLY SECURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The applicant shall submit two(2)sets of detailed public improvement plans and profile construction drawings to the Engineering Department for preliminary review and approval. The applicant shall submit seven(7)sets of approved drawings and one(1) itemized construction cost.estimate. The plans and estimate shall be prepared by a professional engineer licensed in Oregon. These plans are in addition to plans required by the Building Division and should include only those sheets relating to public improvements. Contact John Hagman,Engineering Department,639-4171. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after has rF`.iewed ® and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. The applicant shall provide a 100% performance assurance or letter of commitment and a developer-engineer agreement, and shall pay a permit fee and a sign installation/street light fee. Contact John Hagman. 3. The applicant shall dedicate to the City right of way as necessary for a 34-foot half width for 97th Avenue adjoining the site frontage. The description of the dedication shall be tied to the existing right of way centerline. The dedication shall be on City forms. Instructions are available from the Engineering Department. Contact John Hagman. 4_ The applicant shall make standard half-width improvements to 97th Avenue adjoining the site,including sidewalk,driveway apron,curb,asphaltic concrete pavement,sanitary sewer,storm drainage,street ligh's,and underground utilities. Improvements shall be designed and built to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. Contact Gary Alfson. 5_ The applicant shall submit plan and profile drawings and cross section details of the proposed private street and storm drain system as part of the public improvement plan. Contact Gary Alfson. Pg,9- 11,a ings Officer decision SUB 90-0010(Castile Park) tea:=' 6. The applicant shall submit a method for maintenance of the,private street and storm water drainage system,such as a homeowners association. The plan and method shall beapproved by the Planning Division. Contact Jerry Offer- 7. The applicant shall post the private street with signs prohibiting parking on one side. A sign noting the drive is private shall be posted at the drive's intersection with 97th Avenue. A note shall be placed on the plat(Etat the street is private. 8. All lots shall contain a minimum of 7500 square,feet exclusive of public right of way and private easements for road and sidewalk purposes,provided the area of an easement for sidewalk may be counted toward the area of adjoining lots beyond the point where the road serves only r.io dwellings. ? irt�:num setbacks shall be: Front setback 2.0 feet Interior side setback 5 feet Street side setback 15 feet/20 feet for a garage Rear setback 15 feet Garage,comer yard.,and front yard setbacks shall be treasured from the individual lotteasement boundary for all lots fronting the private street Contact Brad.Roast 9. The applicant shall locate driveway cuts at least 30 feet from intersection right of way lines and at least 5 feet from property lines. Contact John Hagman. 10. The applicant shall submit sanitary and storm drainage details as part of the public improvement plans. Plans shall include calculations and a topographic map of the storm drainage basin. Calculations shall be based on full development of the serviceable area. The location and capacity of existing,proposed,and future lines shall be noted Contact Greg Berry,Engineering Department,639-4171. 11 The applicant shall show thai sturut W=er runoff can be discharged into the existing drainageway without increasing the fiow of storm water off-site more than the flow from the property in its undeveloped condition. Contact Greg Berry. 12. The applicant shall submit a grading plan showing existing and proposed contours. 13. The applicant shall submit and receive approval of an.erosion control plan as part of the public improvement drawings. The plan shall conform to"Erosion Control Plans-Technical Guidance Handbook,"November,1989. Contact Greg Berry. 14. The applicant shall obtain a tree cutting permit before removing any trees from the property. Tree removal permits will be issued in two stages: private street area, preparation and ioi preparation. The applicant shall provide an arborist to review the plans for gradin,,;and tree protection. The arborist or City may prescribe protective measures for trees to be retained on the site. A copy of the tt-ee removal permit shall be available on-site during all tree removal and grading activities. Contact Jerry Offer. 15. The applicant shall obtain a demolition permit before removing existing buildings on the site. Contact Brad Roast 16. The applicant shall submit a plan showing utilities for existing buildings. If the utilities cross new property lines,then the applicant shall grant utility easements as needed. Contact Brad Roast. Page 10- llearings Officer decision SUB 90-0010 fCaviilc Park) SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED WITHIN 18 MONTH OF THE EFFECTIVE DATE OF THIS DECISION. DTE is 7th day of efnber, 1990. i E arry Epstein, g cer a f t Page 11- /fernings Officer decision SUB 90-0010(Carlile Park)