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SDR12-82 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. 4 ,41 FINAL ACTION STAFF REPORT 441 SITE DESIGN REVIEW art*-F TWA TIGARD PLANNING DEPARTMENT WASHINGTON COUNTY,OREGON 12755 SW ASh Tigard, Oregon 97223 July 1, 1982 DOCKET: Site Design Review (SDR 12-82) John Skourtes APPLICANT: John Skourtes 17010 SW Weir Road DoavcrLon, Oregon 97007 OWNER: Burliviton Northern Railroad Seattle, Washington 98104 • SITE LOCATION: SW 74th Avenue & SW Bonita Road (Washington County Tax Map 2S1 12A, railroad right-of-way, TaX No. for improvement only - 4200 A-1) REQUEST: For a site design review to construct a 6,000 square foot warehouse on a 12,000 square foot lot in an M-3 zone. PREVIOUS ACTION: On February 22, 1982, the Tigard City Council approved a variance request to allow a 10-foot side yard setback in a M-3 zone. SITE PLAN/DESIGN REVIEW: The appliCant is proposing to consttUct a 6,000 square foot warehouse on an irregularly Shaped 12,000 square foot • lot. The lot as it exists is 12,000 Square feet. The proposed building con- • figuration meet all of the required setbacks except for the sideyard abutting SW 74th. The applicant received a variance to allow that sideyard to measUre 10-feet (Reference V 10-81) . The applicant has not submitted a landscape or irrigation plan. The parking require- ment for this site is 6 spaces. (1 space for every 1,000 square feet of floor area Reference Code Section 18.60.120(6) (a) ) The applicant is proposing 7' spaces. A Condition of the variance approval was that no access to the site be permitted from SW Bohita. In additiOn, no access will be allowed from SW 74th directly to the Wilding. The applicant has proposed a 251 addess from sW 74th which is 34' back from the intersection of SW Bonita and SW 74th. The proposed adCeSS meets the conditions of the variande approval. The applicant i5 proposing to tie into ah eXisting e Sanitary Sewer lire in SW 74th. Water is also available ih SW 74th. The applicant proposes to run the storm drainage in a 6° line down to Ball Creek. The property 0Whet, as a condition of V 10-81, will have to sign a hohremonstrance agteeMeht for Street iMproveMent8 to sW 74th and SW, Bonita Road. AS of the date of this report, the City has not received these agreement5. This Condition will have to be Met prior to Balding patmits for the Site. Ih addition, the applicant may have to dedicate some tight-of-way on SW 74th to accommodate the Street realignment. 12166 SWi ASH P.O. BOX 2830/ T1GARb,OrtMON 97223 PH:639-4iri i u . 11 4. ''FINAL ACTION STAFF REPORT SDR 12-82 �. Page 2 ! STAFF ACTION: Staff approves the site plan for construction of a 6,000 square • foot lot at SW 74th and Bonita with the following conditions: 1. The following conditions as attached to V 10-81 shall be satisfied prior to issuance of Building permits: 4#/k __per �C'U-r - ly u .. 'rr 'r• r r '1 ,ir ri r.;. .. V .. e 1� 2. A landscape and irrigation plan shall be submitted and approved by the Planning Department prior to 'issuance of Building permits. 3. The applicant shall coordinate site elevations which meet SW 74th with the street design for SW 74th. The street plans are on file with the City's Engineering Division. The applicant shall apply for a sign permit for any sign to be erected on the 4. Site. UP, / r Prepared by: ,' r� 6/ , �' I'm Reviewed by:,di .44.a.„: 4 Eli A.e A. Newt. remy M. Coursolle Associate Planner Associate Planner 99 7� City • Y. Y '.. .• i + j will NOT in below to acknowledge conditions set forth for this project and return ' to the City of Tigard Planning Department. Failure to acknowledge i re- cult in no further ar: i,on on thiA project with. reg=ds to issuance of Building permits or engineering appr ova l. y . ignature (Property Owner) Date AA4 7-16 g 02 DSi ure (Applicant if different) Date • • ' t 4 ' ', "."' '"1 I d!' eMle•;4kY:`h'I^A,nl°rE'*'u't'.t.,.r,kw.I..:..:4,fi1..1d'w+•.v.' :4 .i 4' • , FINAL ACTION � "� !' ' ' , STAFF REPORT >s M SITE DESIGN REVIEW . TIGARD PLANNING DEPARTMENT WASHINGTON COUNTY,OREGON 12755 SW Ash E .t Tigard, Oregon 97223 July 1,1982 , DOCKET: Site. Design Review (SDR 12-82) � John Skourtes .. ' APPLICANT: John Skourtes • 17010 SW Weir Road �. Beaverton, Oregon 97007 5, OWNER: Burlipgton Northern Railroad Seattle, Washington 98104 k ,� SITE LOCATION: SW 74th Avenue & SW Bonita Road (Washington County Tax Map 251 12A, railroad right-of-way, Tax No. for improvement only - 4200 A-1) REQUEST: For a site design review to construct a 6,000 square foot warehouse on a ' . ' 12,000 square foot lot in an M-3 zone. PREVIOUS ACTION: On February 22, 1982, the Tigard City Council approved a variance request to allow a 10-foot side yard setback in a M-3 zone. �. SSr,•E PLAN/DESIGN REVIEW: The applicant is proposing to construct a 6,000 square foot warehouse on an irregularly shaped 12,000 square foot • lot. The lot as it exists is 12,000 square feet. The proposed building con- , figuration meets all of the required setbacks except for the sideyard abutting SW 74th. The applicant received a variance to allow that sideyard to measure 10--feet (Reference V 10-81) . ' The a pp licant has not submitted a landscape or irrigation p lan. The parking require- . re- ment for this site is 6 spaces. (1 space for every 1,000 square' feet of floor area - Reference Code Section 18.60.120(6) (a) ) The applicant is proposing 7' spaces. . A condition of the variance approval was that no access to the site be permitted ' from SW'Bonita. In addition, no access will be 'allowed' from SW 74th directly to ' ', the building. The applicant has proposed a 25' access from SW 74th which is 34' • '. back from t he intersection an O Bcn Bonita a an d SW t.n P The e proposed a� cess meets the , conditions of the variance approval. The applicant 'is proposing to 'tie into an existing 8" sanitary sewer line in SW • 74th. Water is also available in SW 74th. The applicant`proposes to run the storm drainage in a 6" line down to Ball Creek. property owner, as a �ements to.SW 74th and SW Bonita sign a nonren�► ' ax�ce The condition of V 10-81, will have't s agreement for street improvements Road. As of the date of this report, the City has not . .`e, these agreements. This condition will have ' n � received Th to be met prior to Building permits for the site. In addition, the applicant may have to dedicate some right-of-way on Sw 74th to accommodate the street realignment SW ASH ,0, BOX 2x391 'TIGARD, 9722 2�'S5 5 P BOX R PH: - i 71 • . • .. i ....I'. .. III . • FINAL ACTION STAFF REPORT SDR 12-82 'I Page 2 STAFF ACTION: Staff approves the site plan for construction of a 6,000 square foot lot at SW 74th and Bonita with the following conditions: S led prior to ��; S ati f �, shall be 1. The following conditions as attached to V .�0-8 p issuance of Building permits: 0 . I Nonremonstrar�ce��agreement, signed by��Burli.ngton Northern agreeing not t • remonstrant against the formation of a local improvement agreement to City , 4 standards on SW 74th Avenue and SW Bonita prior to issuance of Building permit Dedication of right-of-way on SW 74th as necessary to accommodate any re- alignment''of the 'S' curve due to design. 2. A landscape and irrigation on plan shall be submitted and approved by the Planning Department prior to issuance of Building permits. • 3. The applicant shall coordinate site el:vations which meet SW 74th with the street design for SW 74th. The street plans are on file with the City's Engineering Division. 4. The applicant shall apply for a sign permit for any sign to be erected on the site. r , Prepared by J L, Reviewed by: j Eli .t;- A. Newt r •eremy M Coursolle Associate Planner Associate Planner NOTE: Sign below to acknOwledc e conditions set forth for this project and return to the City of Tigard Planning Department. Failure to acknowledge will re- , suit in no further action on this project with regards to issuance of Buildin g permits or engin eering approval. Signature (Property Owner) Date • S i afore (Applicant t if different) Date I i n v m.— • , b . • b CITYOF TIOrARD WASHINGTON COUNTY,OREGON SUPPLEMENTAL APPLICATION DESIGN REVIEW APPLICATION PART 1 EXPLANATION OF THE :PROCESS 1. The Design Review process applies to all new buildings and structures, and to all physical improvements and relocations, additions, extensions and exterior changes to existing buildings. 2. The Design Review process DOES NOT APPLY to single family dwellings UNLESS it has been specifically made a condition of approval as a part of a prior land use action. 3. No building permit, grading permit, parking permit or sign permit will be issued until a Design Review Application has been approved. 4. Approval authority has been granted to the Planning Director (TMC Chapter 18.59.020(b)). 5. The Planning Directors decision may be appealed to the Planning Commis- , sion (TMC Chapter 18.59.020(c)) . � 6. The information listed in Part II must be submitted to the Planning Director as a part of your Design Review Application. 7. Note: In addition to the requirements in Part II, staff may require the following: a. If the Planning Director determines it is within the public interest, due to the complexity and/or uniqueness of a proposed project, the Director may require the services of a licensed architect and/or � landscape architect (TMC Chapter 18.59.060(c)) b. The Planning Director may require a bond or other adequate assurances g' p assure the completed: as '�ects��t�.on of the design plan �nro�redrdeszan plan 1 Chapter , projects in continuance with the approved `g p (TMC 18.59.080). c 1 The Planning Director may require the dedication of right -way a y necessary to conform, to the comprehensive plan and offsite improvements including, but not limited t e t o street improvements,ro�erents , pe. de str an ways,ys lighting and signalization may be required upon the Planning Director ct or • .a .' f ind ing tha t a likelihood o f an in creased nee d f or su ch impxave tent is created by the proposal development (TMC Chapter i8+59.100) . . gn plans a by the Planning Director remain valid for one year 8. �� Dew� �an approved b ' .following the date of approval, �If construction has not begun wit1in year,, application be submitted (T1C chapter 18,"9.090) . MAY 8 1982 �' � � � � one a new a .la;cat�.on�'�must be �subm�.tte� I i{ CITY OP TIGARD ' , a �♦ , • •Y , .l PART II . . 1. The following information is required: a. Completion of a "GENERAL APPLICATION FORM"; and b. The name of the applicant and legal description of the property (township, range, section number and tax lot number or subdivision name, block number and, lot number on both the plans and.narrative statement). c. Two sets of plans drawn to scale including: 1. A site plan, showing topography, and a vicinity map; 2t, Architectural drawings; and 3. A landscape plan and irrigation plan. : . 2. Part III consists of the factors the staff will consider in evaluating your proposal - You may wish to submit a narrative statement discussing indivi STAFF ANALYSIS DESIGN. REVIEW APPLICATION PART III Findings „NAME OF APPLICANT: 01/) 1,N O4c) iG// ' c 11,; LEGAL DESCRIPTION:_ '. ...,,� /2 `' / ���� r .0 t,. Ojv t �F File No: M u.. 1. Relationship to the Neighborhood (TMC C1122.ter 18.59.060(d)(1)(a)) Will Fill not A. The design plan and proposal: Interfere with: Interfere with: 1. The development use, or 2. Enjoyment of other property in the vicinity; or 3. Orderly development of the neighborhood; or � M 4. Orderly development, of. the area as a whole; or 5.. The design functions of: public rights-of-Ways • Findings: • Will not Will no't i .p . Directly Cumulatively B. The design plan and p�xo osa�.. D y � Directly ,„ itnpair, inhibit or limit; further development on 1. The same property 2. Other property 3. Public lands - 51VED 4. Right s-of-way cm or TioAto) 4, `f -4- • • Findings • 2. Project De'velbpment A. The design plan: Yes No 1. Satisfies the functional requirements, 2. Is compatible with surrounding * 11111111111 • developments Findings: • • Safe Plea Sin: Livable • B. The design plan provides a: 1E133 No Yes No NMI No extV`ironment for: Y ( l People using the development; 2. The immediate neighbors, and 3. The community as a whole. • Findings ..�. • , ' ` 4 C. The landscape plan provides for: Yes , No 1. Proper and adequate landscaping; 2. Maximum retention of trees; , 3. Minimum soil removal; 4. Minimum grade changes; and :,.• 5. . Is in keeping with the general appearance of the neighborhood or area.. Findings: D. The plans Yes No 1. Conforma ..o the natural site contours; 2. Incorporates special designs to accomodate the unique topographic features. Findings: ■ • • E. Required i red landsca p ing provided d Yes N 0 1. Minimum required 10% is provid'Ad; and Residential zone: front 12 feet provided; or E .�. Comnereial Zone: front 14 fe et provided, A;./A- 4. Industrial zone': front 20 feet provided; and 5, All areas not occupied by paved roadways or walkways are landscaped 6. 'free and shrub planting areas are a minimum of 8 feet in width within parking areas; and �..:.::;::�, w CITY or I"IGA1 D it o -6- No r 7. Tree and shrub planting areas are • approximately 70 feet on center each way or in an aggregrate amount; and 8. The minimum 5 feet landscape strip along the lot boundary has been ;,'' _. provided; and , 9 Parking and loading areas have been • effectively screened from view from the public right-of-way. Findings: t 4 , `. o/ .% A x,,) in, A_ O) 47,44.e�' t.,.. 14''' =J� .�,i t G:/1'4 Y/le /-6"/? . V,," A 67,k/ _. 1:> /..t1 6 ,�- A el'"4,—/' 5? Ott' _ 3 crew eJ e"O z „S ,k ee• 6541 ;fi C- c.)/'' 46,1/4 0.1"- 6 Z44 o e:-/H. e4A 4'/ ,-,%C '2" c',. ` ; /1.61i . 3. Aesthetic Desi gn 01,i PP .SCd7CiJ e4to -1f • A. Adverse visual effects are minimized or NMI No d eliminated by this design as related to: l scale; 2. mss,s;{t • 3. heighth; 4' 4. area and building materials; 5. surface and subsurface drainage; and 6. appurtenant structures; 7. reforming the natural turain; IIMMOMMIOMMO 8. structural appurtenants such as retaining walls; 9. circulation elements including a. areas b. paths c. tights-of-ways 10. other improvements ' a Unlit lines y b. storage areaS c. service areas views; 12. Vistas; • 13. privacy, 14. general aesthetic value o� the neighborhood; ib orho�d. 15. other considerations b�:�S'` staff: • a. bI I I , , , �. i .�Yr."�r,"'n4.�•,�,w"'rw.'.! ,i.u..r...,bir�a...,.��«.n.Ywi. I' • it , I 4i • - - �. ,lF llf' - 'fir /YIIt , • • • • 4 • • Findings 4. Minor Deviations Granted A. Yard Requirements 1. Deviations Allowed Percent Yard, Feet Requited Deviation Deviation ; Deviated b done Allowed Allowed 2, Findings: a. Reason that the deviation will result in a superior design: I . h. The practical difficulty associated with the natural Site characteristics which requires the deViation is: .. .. ., 1y ff Parking Re Uirentents i, De`Viation A1iov�et � � MAY 28 1982 • CITY OF TIGARD RYY Y 1 1 '' • • • -8- No. of Percent Spaces Deviation Total Deviation Required Allowed S•aces Allowed, 2. Basis for Deviation No 1. Availability of public transit � 2. Multiple use of parking facilities 3. Special conditions a. Elderly housing y h n g b. Type of unit �. c. other 1 3. Findings: 6. Action A. Approve • B. Deny C. Approve with conditions ' T 7. Basis for Action 8. rval ond�,t o A o C �. ne of c� " r • D f • .°' g 1.1674 t, WASHINGTON COUNTY,OREGON " 'CrLRAL APPLICATION FORM CASE No.� „ " �► CITY OF TIGARD, 12755 SW Ash, PO Box 23397 RECEIPT No. Tigard, Oregon 97223 - (503)639-4171 1. GENERAL INFORMATION FOR STAFF USE ONLY: . PROPERTY ADDRESS " ''.7G7 .'' DA„ .`�✓--- �" Associated Cases: , , LEGAL DESCRIPTION ` .-,5� l am/. ;r�� /�,b�;� 204 4; i /4.4 y , INTERNAL PROCESSING: , for r Accepted f p Pre-App. i SITE SIZE /2! PROPERTY OWNER/DEED HOLDER* k(ar1et6,11)1,,' itiortakic ADDRESS C.7'' !'i�ir�otu' /' "c( 1. PHONE 6,,2 '��• `. ....�.... Pre-App.: CITY ZIP r #. .� APPLICANT'+ Date & Time • ADDRESS _ ; ' ,, S / . ''„4. PfONE1 .. .? Accepted far Decision: CITY ,��,. troy , - 0 1.2 ZIP ° ------- -w=- :--�- '' By: *Where the cwner and the applicant are different pe op le , the applicant must be the purchaser of record or a leasee in Nearing Date: possession with written authorization from the owner or an a eznt. of the owner written authorization. The written � �� � g , � � � � , a �� � �� hearing Reset To: ., ,• authorization pp. `zat�.can must be submitted with this application. 2. REQUIRED LETTER OF AUTHORIZATION IS ATTACHED YES NO Dcision: filed & mailed . . I 3. ' `THIS APPLICATION INVOLVES THE FOLLOWING: APP. Comprehensive Plan Amendment FEE FILED PAID Accepted for Appeal: . from to Sr: qua yi-judicial legislative Date of Heating: - Zone Change from quasi-judicial « - ; legislative DESCRIPTION: Planned Unit Deve lapmcnt Comp. Plan Designation: concept plan detailed plan Subdivision NPO No Major Partitio►i ' . Zoning District t Design. Rztztaon evieta Nl:t.n r Partition �+ grl ' Conditional Use Zoning an g k �p No. . ------ Variance to Zoning Ordinance (Title lg) Quarter Section No. e to Subdivision bdav�.si .. � � on Ord - - (Title P' :.. Sensitive Land Permit S TAF, l Iv Floodplains n ra a i"iagewaY s` MAY 2 8 190Z Steep Slopes • . Clther ri OM Of TIGARD r rn r rAt • t $ •fir m GENERAL APPLICATION FORM( PACE 2 �.; Ch,,,W sk • CITY OF TIGARD, 12755 SW Ash, PO Box 23397 Tigard, Oregon 97223 (503)639--4171 • NTAL INFORM S PROVIDED BY APPLICANT) FOR.� • � SUPPLEMENTAL INFORMATION (TO BE STAFF, USE ONLY • Notice of . Response : 4 DISTRICTS A. .. Sent . SCHOOL DISTRICT � �� � �� 'es � � No �� � �Yo�s• 7-1 rz, �� WATER DISTRICT �l ( � �: �=`^ "• FIRE DISTRICT ,._ 4.'./C %,�•� — , PARK DISTRICT ;►s '6,4 2 � • . UNIFIED SEWERAGE AGENCY -' Sewer Available YES NO OTHER • ° 5. PUBLIC UTILITIES • • . ..�• ELECTRICITY ;/(,.„(,,-:• • NATURAL GAS ;:: 7 ',;�,� '� �..� ., TELEPHONE : .. c:: OTHER • 6. PUBLIC TRANSIT (TRI NET) • NEAREST BUS ROUTE AND STOP 7. � OTHER INTERESTED AGENCIES (SPECIFY) CHARA s��� CTIsR OF THE AREA � � � � �� � � � � �� � ��: � � ' � � � � '� � � � �� � � � � � � � �-•� • ECTST ING LAND JS L PLAN DESIGNATION Z ONE VERIFIED BY STAFF .N011.1'14 .NOR ' SOUTH z 4 • EAST �. W ' �� /!40,,4/,',x( Nil AY 2'8 198Z 4 A 'TIGARD l • • f7/ a. e • . GENE .A� APPLICATION FORM, �- PAGE 3 .r CASE NO. ---) CITY OF .CIGARD, ,12755. SW Ash, PO Box 23397 Tigard, Oregon 97223 (503)639-4171 . 9. tCHANGES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION. Please Da.scuss 1 I • y J F 4. // I M , r �J •, 4 wn...o.,h�e r - __ ..w.+u..ar..�..�A w. _ __ ' ' _ 4 , 10. DESCRIPTION OF THE SITE Lot Area (acres, square fee. ) '? > .;' , t , .... ,.,w r., ..,,,_,_;;......*.�,,,,,,.�„_._.--,.,..w, t 11. EXISTING STRUCTURES ON THE SITE Square Das tasc � From Pro ertY'Line t , „ Feet North South East es ■ H . .., NATURAL CONDITIONS , • 12. Percent Slope: M,0,4-6- , I„3 Vegetation Types: Average Di ame Diameter ercenk Of Each Yes N2o� Sjze. Of Trees Per Size ^ Trees: F �, . M Brush: � � ern A..nd.w4wwww.rww��:�.✓I r Grass. y 14 '1oodplaa ns: I I How much of the slte xs In f l:oodplain? . 15, Water Courses ,. Wh at type? 16. Rock Outcroppings i (...., 17, Other. 1 Proposed Development: Please b rieel y desdr1he the proposed development:_„. °r ,...1.__ liY1.1. k.'. 1§Lt)JiL____ , i . , , t i , • w a » 1 ,,. .,yr. - .-. .... 1 .'r..r.s L'1. k ..,.. ....1 . r_,ww. .r...M._ J..._..,. .i,w _., .... r,. r. .. r• ., . t. —.I- _.a «r.x. r r • GENERAL" APPLICATION FORT Lt;..= PAGE. 4 r..u. CASE No. CITY OF .`TIGARD, 12755 SW sh, ,A. PQ Box 23397 Tigard, Oregon 97223 , (503)639-4171 19. The following r is El s Is not D requi.rec.1.* 20. Overall Site Development Residential Commercial Industrial Open Space Other Roads •Totall No. of acres or square feet per use Percent of site 21. Type of Residential Use and Characteristics ( .of Bedrooms/Unit Type of Use 1 of Units •EFF. MILINEll 4 Proposed Density. , _ 22. Where applicable, please explain how the open space, common areas and recreational facilities will be maintained. Ir 23. If thc-s. project is to be com p leted in phases, please describe each phase of the project. r . ITY or TIGARD I Sta, f will irietitify far you tAth they' t i setrtiox' is to be o, leltod rr o . II_ • • • 1AGENEL APPLICTION t ORb,, � 5" CASE No. 'CITY OF'TIGARD, '12755 'SW Ash, 'PO Bc ',23397 • : H•. ' ' Tigard, Oregon 9722'3 , (503.)639-4171' '• • THE FOLLOWING' PEOPLE, .'AS REQUESTED' 'BY THE APPLICANT SHALL. BE •NOTIFIED OF :EACH'„HEARSNGb' , ' ' .. . (e.g. Attorney, 'Surveyor, Engineers { 5 ta ;� N�ot�ice Report Decision. o ie . Ncitice fRev .• ' Name Street • Ci.� t_... ..�. State Zip }' N ame .:_...._....,. ..._... Cz ... State 'Zip. Name • • pity State. � dip • ti•e •• 'City State Zip r- ------ -- --- . . - --__ ., . Y... . APPLICANT a• ..._..,.....,., .,._,_,:_,___ .. .w_,_,;,” .- , OWNER •• ..,. • } G . • i n 444„ • , . , • . , . ' .i, ' i ' - .,,.. .e: ,•,,,, .,. ..,,, „ae..,,,, t a„e._, sir• ,r .,•. ..,,. ,:,„,,. el ■ ( ' rj• • CITY OF TIGARD, OREGON RESOLUTION NO. 82 / , RESOLUTION ADOPTING A FINAL ORDER IN, THE MATTER OF THE APPEAL OF JOHN SKOURTES, FILE NO. V 10-81 , REVERSING THE ACTION OF THE TIGARD, PLANNING COMMISSION, ENTERING FINDINGS AND CONCLUSIONS, AND DECLARING AN EFFECTIVE DATE. The Tigard City Council heard the above-entitled appeal at • its regular Council meeting of February 8 , 1982. The only, participant was the appellant, who also appeared, before the Tigard Planning Commission. • The Council Makes the following FINDINGS OF FACT in this r, matter: ` 1. The applicant has requested a side yard! !variance of 10 feet, from the 20 foot side yard requirement of Section 18.84.040 (2) of the Tigard Municipal Code, pursuant to Section 18 .76.020 of ' said Code. 2. The subject parcel is described as Washington County Tax --1 located at the Right-of-Way)Map Parcel 2S1 ..2A (Railroad Right o y) southeast corner of S. W. Bonita Road at S. W. 74th Avenue. The configuration of the site is set forth on' the map on the Notice of Public Hearing in this matter found' in the case file. 3. The subject site is oddly shaped and Of a unique confi- guration for the area, based upon the map referred to above and ti the applicant's testimony (Transcript pp. 2-4, Item C, letter of John Skourtes dated October 27 , 1981 to Elizabeth Newton) and the Council believes this uncontested evidence. 4. The size,• shape and configUratioa are not the result of . . • circumstances over which the applicant has control,) but are circumstances which hare; resulted from the historica l Configuration of the parcel e l : .since 1902 (based by applicant to h sa.�n � 02� (b �upon the � letter b� the Tigard Planning Commission, dated October 23 , 1981, Item 1) . 5. The development of the site for any use allowed by TMC Section 13 48 0 10 is precluded depth of the lot, which . o ded by the de {;:�1 which, coupled foot p Setback by of a u led �With � bac�� imposed Burlington , I the applicant the p g p � he �2 5 t. ed�� ��. � B`ur Northern Railway (see .map attached to letter � t:� to ��the City Council dated February 3, 1982) , leaves only 30 feet of area ° t can be developed. The Counci. believes the x estestimony of c the applicant and, based on that testimony own exp which c r determines ld this e �+ n e ,� that the applicant application�'p denied, be denied any use of the subject parcel, substantially deny. �` � p '�` differing his situation from that of other owners in the C-3 zone and in the area. RESOLUTION NC, 82 / • 6. The Council has considered the purposes of the Tigard Zoning Ordinance as set forth in TALC 18.04..020 and finds them generally met by the application, as follows: a. The variance encourages th e most appropriate r xa te use of land in, that it allows C-3 uses permissible on this site to be undertaken. The Council reiterates that to deny the variance would not allow use of this site for any C-3 purpose and would render the subject site unusable and an eyesore. By allowing a use at all, the variance promotes conservation and stability of property values c. �The large setbacks from � s r m B ona.ta Road (40 feet) and the railroad tracks (25 feet) , the conditions regarding parking and other matters set forth in Exhibit "A" , all aid the city to provide fire and police protection and lessen street congestion. d. Despite the reduction of the setback lines, there , will be sufficient light and air for any uses on the site. e. No population will be housed on this site and the uses allowed in the C-3 zone are of low intensity and an extension of the manufacturing uses in the area. Therefore, ►, we find the citywide goals of orderly growth and prevention. Y, of undue concentrations of population to be met. f. The grant of this variance will have no effect on any public facilities 4 more intense use of the site Section undertaken. a.l:�ties����mentioned �in 4.0z0 (8) : . ; as no `nteinsP � will be undertaken. g. Because of the above, and the fact that the uses proposed are in accordance with the Tigard Comprehensive Plan, there is assured conformity with public health, safety, convenience and general welfare. There was no contrary evidence to petitioner's ., d assertions that the grant of a Variance Was not' injurious' uprope ty 7. ere ' ' asp q : _ of � the use, nor an '�� }� p �' � s to; r© ert values in the zone or the vicinity o; t y showing that at a conflict xisted with the objec ti ves of any city development plan or policy. 8. A 10-foot side yard se 'back necessary o re the fo de ,, is n r t render t. site usable for y subject � � y, less any C-�3 use. Any variance be used; any Mors o .. es would not enable� �uhe land y to a mmoda C eSnallowable in this zonew une�.essary ould be �' ceb te, �3 uses 9. There a re no State-Wide Planning Goals applicable to th i s Case except the fellowinc a. o ... a 1 � �; Which is fulfilled by the public hearing • processes in this cases RESOLUTION NO. 02- b. Goal 2, under which conformity of the Industrial designation of the Plan is furthered by the grant of this variance. . c. Goal 9 wha.ch, is furthered by allowing the use of I an industrially designated odd-shaped lot.• r. d. Goal 11 and Goal 14 which are fulfilled by . reinforcement of the urban growth boundar y to allow for . , urban-type industrial uses with public facilities already provided» conditions The c tions o n the use set forth in Exhibit "A" will assist the city in meeting public service and facilities needs emanating from the proposed use and mitigating its effect • on •surrounding persons or property.. The Council adopts tha following CONCLUSIONS OF LAW. 'n No. 3, the Council has determined that �.. used can. Finding , 9' the subject site e has extraordinary rdixar conditions, due to its size and shape, that do not apply generally to parcels in the same Based` y ry size, and ccan f i ur a.c�n�. � . se onF Finding No.Council not under vicinity. 4 , shape a.n g a Lion of the subject site, the Co concludes, are ' the control of the applicant or his predecessors in interest. The application, therefore, satisfies Tigard Municipal Code Section 18.76.020 (1) . 2. Based on Findings 3 through 5, the Council concludes that the uniqueness of the site and the fact that a 24'afoot setback d� not allow p itted under 18.48-010 � ble use permitted I would llow any.epos possible �'�NlC � and, therefore, the applicant has proved to the satisfaction c of the Council that the variance is necessary, for preservation of a property right substantially the same as is possessed by other d i 1 i I' property owners in the zone C 3 �o and in the vicinity. 3. Based on Finding No. 6, the Council concludes that the authorization of this variance is not ,detrirtenta1 to the purposes • of Title 18 of the Tigard Municipal Code and, based on iinaing variance issue not x�To. 7, that the v`a �:s sue'>would n be injurious to 1:roperty. in the on or vicinity in Which the property is located, or • e detrimental the objectives of an � city ,development otherw�.� mental tc� plan or policy. Therefore, we conclude that the variance complies with Section 18.76.020 (3) of the Tigard Municipal Code' Based on ' � 4 ,� Finding��No.�������, the Council concludes� that � the � � � �� . .. �.�. � necessary to�alleViate the . application presented is the minimum �neCeSSa � ,..�' i identifies as y use. hardship which the Council the inability to j with a 30° oot wide buildable area. the subject s7LtE, W'1 5. Based on Pinding No. 9, the Council application Counci l c.onclu. .d es that ha t the pp acado n satisies applicable State-wide Planna n� Coals and tha t no other is applicable to this matter, RtSOLTITION NO 82-2 I r { o • • 6. In reviewing the applicable Comprehensive ,Plan for this site, the Council finds no policies therein which mitigate either for or against the proposal before tle Council. • ORDER It is, therefore, ORDERED that, based on the above Findings and Conclusion, the application for a variance in• this matter be, and the same hereby is, approved subject to the conditions set forth in Exhibit "A", ' • It is FURTHER ORDERED that the applicant be notified of the entry of this Order. PASSED: Thisfday of �c c �.�. , 1982, by the Council of the City of Tigard 2 /2 ° / Mayor -- City of Tigard ATTEST: City Recorder - Cit of Tigard. • r' I I ' I ON NO 82 - r i 1 . A • EXHIBIT "A" • CONDITIONS • 1. NonremOnstrance agreement signed by Burlington Northern agreeing not to remonstrant against the formation of a local improvement agreement to city standards on SW 74th Avenue and SW Bonita prior to issuance of building permit. 2. Site Design Review shall be required. 3. Minor land partition ,shall be approved by the City and recorded with Washington County prior to issuance of building permit. 4. Direct access from the 74th Avenue to the building shall be prohibited. 5. No access to SW Bonita. 6. Dedication of right-of-way on S.W. 74th as necessary to accommodate any realignment of the 'S' curve due to design. i 'Y"I C 1'Y•