Resolution No. 91-64 -- a1suffilmm
CITY OF TIGARD, OREGON
//
RESOLUTION NO. 91-/2f
IN THE 14ATTER OF THE ADOPTION OF FINDINGS UPON CITY COUNCIL REVIEW
OF AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A SIGN
CODE EXCEPTION APPLICATION AND DENY A VARIANCE APPLICATION (SCE 90-
05/VAR 90-27) PROPOSED BY SHERWOOD INN (H. E. FERRYMAN) .
WHEREAS, the Planning Commission reviewed the case at its meeting
of Octobier 16, 1990; and
WHEREAS, the Commission denied the Sign Code Exception and Variance
as requested and approved a modified Sign Code Exception subject to
conditions (Final Order No. 90-25 PC); and
WHEREAS, this matter came before the City Council upon the appeal
of the applicant and was concluded at the July 23, 1991 public
hearing; and
WHEREAS, the Council has reviewed the evidence related to the
applicant's appeal.
THEREFORE BE IT RESOLVED that the City Council REVERSES the
Planning Commission's approval of SCE 90-0005 and APPROVES a
Variance for additional sign area; the City Council also REVERSES
the Planning Commission's denial of VAR 90-0027 to allow for
additional sign height and APPROVES a modified sign height Variance
subject to conditions. This resolution is based upon the facts,
findings, conclusions and conditions of approval noted in Exhibit
npw
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 1))0day of September, 1991.
APPROVED: This �7 day ofSept 1
Gerald R. Edwards, Mayor
City of Tigard
ATTEST:.
L n
Tigard City Recorder
SCE 90-05.RES/rp //--
RESOLUTION NO. 64 PAGE 1
EXHIBIT "A"
A. FACTS
1. General Information
CASE: Sign Code Exception SCE 90-0005, Variance VAR
90-0027
REQUEST: Request to allow two freeway oriented
freestanding signs where only one sign is
permitted. Also requested is approval to
retain one sign of approximately 1,180 square
feet per sign face with a height of
approximately 65 feet and a second sign of
approximately 698 square feet per sign face
with a height of approximately 69.75 feet
where the Code specifies a maximum allowable
sign area of 160 square feet per sign face and
a maximum allowable height of 35 feet.
APPLICANT: Greenhill Assoc., Ltd.
Hal Hewitt
9999 SW Wilshire
Portland, OR 97225
OWNER: H. E. Ferryman
9106 NE Highway 99
Vancouver, WA 98665
LOCATION: 15700 SW Upper Boones Ferry Road (WCTM 2S1
12DD Tax lots 100, 900, and 1100)
COMPREHENSIVE PLAN DESIGNATION: Commercial General
ZONING DESIGNATION: C-G (Commercial General)
2. Background Information
In question are two nonconforming signs. One sign
includes a Restaurant/Motel/Best Western Logo message.
The other sign includes a Sherwood Inn/Chevron message.
Chevron is not a part of this action.
The existing Sherwood Inn Motel and restaurant were
constructed prior to annexation of the subject site and
adjoining properties in 1976. Also in 1976, the City
Planning Commission approved a Variance to allow the
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 1
continued use of the existing signs that exceeded the
City's size, and height requirements. In 1977, the City
amended the sign code to reduce the maximum sizes
permitted and in 1978, a new 10 year sign amortization
period was begun for those signs which did not conform
with the new standards. The property owner was notified
in 1988 that the two freeway oriented signs advertising
Sherwood Inn and restaurant were subject to the City's
Sign amortization program and that the signs would have
to be brought into conformity with the sign code or a
Sign Code Exception or Variance would have to be granted
by the City in order to retain the use of these signs.
Site Development Review SDR 12-81 approved expansion of
the parking area in 1981. In March, 1990, the Planning
Director granted Site Development Review approval (SDR
89--23/V 89-40) to expand the existing motel. One
condition of approval required the resolution of the
pending sign issue.
Also in March 1990, Ken Fox of the City Attorney's office
responded to the issue of the sign Variance granted by i
the City and its relationship to the following amendments
of the City's sign code. Mr. Fox concluded that after
the Variance was granted, the signs were regarded to be
conformity with the code. However, after the City
standards were amended in 1978 to be more restrictive,
` they became nonconforming signs as did all other legal
signs which did not meet the new standards. As such, the
signs are subject to the Sign Code Amortization provision
of the Development Code.
A letter from the City Planner Mr. Jerry Powell to Mr.
Marko A. Susnjara indicated that the 1976 Variance would
have the effect of permanent permission by the City to
retain the sign, and the use of that sign as long as that
sign stands. This person had no authority to bind the
City_ In addition, the City does not recognize estoppel
as a basis for granting a permit.
This current sign code exception and variance application
was heard before the Planning Commission on October 16,
1990. The Planning Commission denied the sign code
exception and variance as requested and approved an
amended sign code exception with conditions. This
decision was appealed to the City Council by the
applicant and is the subject of this current review.
Vicinity Information
The subject property is located in the southwest quadrant
of the intersection of I-5 and SW Upper Eoones Ferry
SCE 90-0005/VAR 90-0027 FERRYMAN
PAGE 2
F
Road. Two service stations flank the driveway from SW
Upper Boones Ferry Road to the Sherwood Inn. The service
station properties are also zoned C-G. Properties to the
north and west of the site are zoned I-P (Industrial
Park) . The Pacific Corporate Center subdivision is
currently under development to the north across SW Upper
Boones Ferry Road. The subdivision is presently vacant
except for two buildings under construction along SW 72nd
Avenue. 'Tne property to the west is part of the Oregon
Business Park. The parcel immediately west of the subject
site .4s currently developed with a children's day care
center and various industrial uses. To the south are
other buildings within the Oregon Business Park which are
developed with a variety of industrial uses and are zoned
I-L (Light Industrial) . The properties to the south and
west of the site are approximately 20 to 30 feet lower in
elevation than the subject site.
3. Site information and Proposal Description
The 2.5 acre site consists of three tax lots set back
from Upper Boones Ferry Road by approximately 130 feet.
A 40 foot wide accessway located between the neighboring
service station parcels connects the Sherwood Inn
development to Upper Boones Ferry Road. The site abuts
I-5 on the east. A number of mature Douglas fir trees
f, are located between the mote]. and the freeway, both on
the site and within the freeway's right-of-way. The
slopes between these parcels are covered with grasses,
shrubs, and several small trees.
The subject property is presently developed with the 56
unit, three story Sherwood Inn motel, the single story
4,200 square foot restaurant, and paved parking for 135
autos. Access to the property is provided by a paved
driveway shared with the adjacent service stations. The
two nonconforming freestanding signs, which are the
subject of this application, are located near the
property boundary of the adjacent service station
parcels.
The applicant proposes to retain the existing signs and
states that it is appropriate for the City to continue to
recognize the 1976 Variance approval. The Sherwood Inn
sign is part of a larger sign structure that includes an
oversize sign for the Chevron station. This application
does not apply to the Chevaon sign. The Chevron
Corporation has been also notified of the sign
amortization program and the City's requirement to bring
this sign into conformity with the Code. An application
from Chevron is anticipated in the near future.
`, SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 3
VAR-
4. Agency and NPO Comments
The Engineering Division, State Highway Division, and the
Building Division have no objection to the proposal.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
As proposed, a Variance is necessary to approve this proposal
because this request proceeds beyond the basic Code
requirements for number, height and size of signs, as well as
the allowances that are available through the Sign Code
Exception process; specifically, the Sign Code Exception
process may permit up to a maximum of an additional 25 percent
of sign area or height above that which is normally permitted.
Prior to the April 9th City Council meeting, the applicant
offered an alternative proposal for approval; specifically, to
retain only one 65 foot tall freestanding freeway oriented
sign with a sign area of 1,194 square feet per face. The
Variance criteria which are relevant are listed in Section
18.134.050 (A) cf the Community Development Code:
1. The proposed variance will not be materially detrimental
to the purpose of this title, be in conflict with the
policies o_f the Comprehensive Plan, to any other
applicable policies and standards, and to other
properties in the same zoning district or vicinity;
2. There are special circumstances that exist which are
particular to the lot size or shape, topography, or other
circumstances which the applicant has no control and
which are not applicable to other properties in the same
zoning district;
3. The use proposed will be the same as permitted under this
title and City standards will be maintained to the
greatest extent "that is reasonably possible while
permitting some economic use of the land;
4. Existing physical and natural systems, but not limited to
traffic, drainage, dramatic lard,forms, or parks will not
be adversely affected anymore than would occur if the
development were located as specified in this title; and
5. A hardship is not self imposed and the variance requested
is minimum variance which would alleviate the hardship.
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 4
The City Council finds that the proposal as requested is not
consistent with the above variance criteria for the following
reasons:
1. The purpose of the sign code and the sign amortization
Program is to reduce the amount of sign area and numbers of
signs within the City limits in order to provide for an
aesthetically pleasing environment. This proposal to retain
the existing signs is not consistent with the intent of the
Code because the applicant is requesting twice the number and
approximately 12 times the total sign area that would normally
be permitted, in addition to an 85% increase in sign height
above that which is normally allowed. The proposal is also
not consistent with the sign programs which have been approved
for other commercial properties in similar circumstances.
The retention of signs this size would clearly be contrary to
the purpose of the Code which is intended to "prevent
proliferation of signs and sign clutter". However, this is
not to say that additional sign area and/or height is not
warranted. Toward this end, staff has investigated and
presented a professional third--party recommendation as to the
sign area necessary to achieve the applicant's
this appeal. purpose for
2. There are no special circumstances with respect to this
Property which justify the continued use of two signs with
f, orientation towards I-5. View of the property and the
existing signs from I-5 is partially obstructed; however, the
request to retain the number of signs, sign area, and sign
height is root justified in this regard. While two signs are
not justified, one sign may be.
The situation of Sherwood Inn and the restaurant is similar to latin.
many other freeway oriented businesses in Tigard and Tua
Many have less than perfect visibility from the freeway due to
their distance from the freeway, terrain, and trees. These
businesses have dealt with this problem by utilizing
informational signs provided by the State Department of
Transportation. These blue signs indicate
businesses and or services that are available tat the he specific
exit. Conditions relative to the site being lower than the
freeway and the existing roofline are partially mitigating
circumstances.
Sherwood Inn has the benefit of
traffic. two such signs for southbound
The first is located immediately south of the
Highway 217 exit and it advertises Sherwood Inn and Chevron
specifically. The second is located near the Bonita Road
overpass and it indicates that gas, food, and lodging are
available at the Upper Boones Ferry Road exit. The applicants
have indicated that a similar sign for north bound traffic
SCE 90-0005/VAR 90-0027 FERRYMAN
PAGE
cannot be obtained from the Oregon Department of
Transportation.
With reference to topographic concerns which are specific to
this site, additional sign height and sign area should be
granted since visibility from I-5 to the property and the
existing signs would be obstructed if the standard maximum
height of 35 feet and standard sign area of 150 square feet
per sign face was required.
Whereas there is not sufficient justification for the
allowance of two freestanding freeway oriented signs, one
freestanding freeway oriented sign should be permitted as
allowed by code section 18.114.090(E) .
3. The proposed signage greatly exceeds Code standards and
therefore it is not the same as what would normally be
permitted under this Code and the staff finds that this
proposal would not maintain the Code to the extent reasonably
possible. Conversely, staff has presented findings by the
Bailey/Warner Group to demonstrate the minimun sign area which
would be necessary to achieve the intent of this application.
4. Existing physical and natural systems would not be
affected by this proposal.
/ 5. The hardship is not self imposed because the signs in
question were erected legally and have become nonconforming
and subject to the sign amortization program due to changes in
applicable sign regulations. However, the variance is not the
minimum deviation from Code requirements that would alleviate
the hardship.
Additional sign height should be granted since visibility from 1-5
to the property and the existing signs would be obstructed if the
standard maximum height of 35 feet was required. The additional
height is necessary because the roof line of the motel blocks sight
lines for north bound freeway traffic. Based upon the testimony
presented a Sign Code Variance allowing a sign height of 65 feet is
necessary for a sign to be visible from both directions on 1-5.
Approximately 470 percent of the allowable sign area will yield a
sign with 750 square feet per face (1,500 square feet for all sign
faces combined). Because of the necessary height of the sign and
the distance from 1-5 and Upper Boones Fer-,y Road, this Variance is
justified in order to ensure the sign's legibility. The report
from the Baily/Warner Group suggests that a mini,-num of 650 square
feet is necessary for the retention of existing message. This
would allow a minimum letter height of 40 inches. An additional
100 square feet per sign face will allow marginally larger letters
to ensure legibility.
SCE 90-0005/VAR 90-0027 FERRYMAI, PAGE 6
The applicant provided evidence that they had a lease agreement for
the existing sign that expired July 8, 1993 and requested the City
Council make the date for compliance coincide with the date of the
expiration of the lease.
C. DECISION
The City Council REVERSES the Planning Commission's approval of SCE
90-0005 and APPROVES a Variance for additional sign area. The City
Council also REVERSES the Planning Commission's denial of VAR 90-
0027 to allow for additional sign height and APPROVES a modified
sign height Variance subject to the following conditions.:
I. One freeway oriented (freestanding) sign. with a maximum area
of 750 square feet per face and a maximum height of 65 feet
shall be permitted.
*2. The two nonconforming signs shall be removed by July 1, 1993-
3. Prior to erecting any signs, permits shall be issued by the
Planning Division. STAFF CONTACT: Ron Pomeroy, Planning
Division, 639-4171.
THIS APPROVAL SHALL BE EFFECTIVE ON AND AFTER THE 30TH DAY AFTER
ITS PASSAGE BY THE COUNCIL, APPROVAL BY THE MAYOR AND POSTING BY
THE RECORDER. THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS
OF THE FINAL APPROVAL DATE NOTED BELOW
It is further ordered that the applicant be notified of the entry
of this order.
PASSED: By U r7 Q r-6 rrt v(.(S vote of all Council members
present after bein read by number and title only, this 1Dtk1
day of �n_�3=b-el ; 1991.Catherine Wheately, City ecorder
APPROVED: This
— day of pt r , 1991_
raid R. Edwards, Mayor
Approved ....s to form:
City Attorney
SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 7
*This wording reflects the amendment approved by Council on 9/10/91. The purpose
of the amendment was to coincide removal date of signs with expiration date of
lease for the signs, and as referred to in testimony by Mr. Steve Abel, Mr. Ferryman's
legal counsel. C. tDA&d-tom, c4j (&16-1&1-A-
i