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SDR1990-00023POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. 1=3'1;1 V y�'j ryry p i+"' 'j �s t#4. • t e -70 a SCHMIDT SANITARY SERVICE COMPLAINTS noise violation - TMC - noise level has not been tested UBC violation - storage building (built as B2 occupancy) now being used as H3 occupancy use (requires 3 hour fire walls /paint booth /more extensive ventilation, etc.) UPC & U,,SA code violation - washing trucks (inside and out) onto ground - wash rack required to have sand/oil separator then connected to sanitary sewer line - site on septic system and well water currently rently - storm water system currently open ditching on Ross Street DEC) violation - paint overspray (must use a paint booth & have properly ventilated) diesel /gas fumes Health code violation - paint overspray and truck washing may have caused contamination of ground water table (for wells on Schmidt's and Mangold's properties) also area has high ground water table especially in winter (standing on top of ground' in area) Fire code violation • storage of flammables in building not designed for such OSHA code violations - during investigation, City will request copies of MSDS sheets, PPE regs, lock-out tag -out program, noise program, respirator program, OSHA 200 logs, etc, Zoning code violations -non-conforming use - terms of 1989 variance not adhered to, terms,` of building use (1983) not adhered to TMC violation - Leaking loads from garbage trucks 1/1/96 drug /alcohol requirements for CDLs - ensure that Schmidt's comply I with 1,1/96 dru /alcohol testin g requirements Other Issues reported - employees are asked to work on non- garbage issues and record time as garbage work, Bob Treblehorn (brother -in -law) is legally blind yet is still driving a Grade School truck often services Templeton School), John Schmidt's boys (John Jr, & see hock ftvn cues Tem lefion , for truck limit up Durham Road Without getting caught by Tigard PD can drive u and down Du violations, John Jr, & Joe arrive late and leave early regularly yet report time worked as full day, John Jr, & Joe harass other employees and make other employees do the hard work, Joe cusses on radio regularly, John Schmidt may have problems with his concealed handgun permit (John is reported to carry his gun every day on route and has been reported to have threatened an employee with the gun (TPDD Case . 96- 3345),, 4 • STATE OF OREGON County of Washington City of Tigard AFFIDAVIT _ OF MAILING ) ss., 1, being first dul. y sworn/affirm , on oath depose and say: (Please print) That . i am a (7? for The CLty of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: city of Tigard Planning Director _ Tigard Planning Commission Tigard Bearings officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (larked Exhibit "A.") was mailed to each named p rsons at the address shown on the list marked exhibit E on the day said not-i on In appropriate oe N! ®TILE ®F' D►ECi,SI+�iN as hereto a.ttac ed was poste c ' ppropri.ato ,4042.» -'a of ' '• inl the xtlraited States Mail on y � �� 19 ,._.,, .and, deposited the d } the . day of - • . ; .._._. -e 29_ postage prepaid. U4./ 4 Prepare .Notice /Posted (Eor iDecision `C�n y) Subscribed .and sworn /affirm to me on the P rson, who'• eiivercd to POST OFFICE ax}:r firth d,, .in aworn/affiris to M e' on the b /Al: rIDAVe BKM day of • NOTARY PUBLIC OF OREGON u my Commission Expires: - -. day o er OTARY PUBLIC OP OREGON My Commission Expires • ti CITY OF TIGARD NOTICE OF DECISION SCHMIDT'S SANITARY SERVICE SITE DEVELOPEENT REVIEW SDR 90-23 APPLICATION: Request for Site Development Review approval to allow an amendment to the approved site plan for the expansion of a nonconforming sanitary service business. Zone R_4.5 (Residential 4.5 units per acre) Locations 8325 SW Ross Street (WCTM 2S1 12CE, tax lot 900) . DECISION: Notice is hereby given that the Community Development Director's designee has DENIED the above described application. The findings and conclusions on which the decision is based are noted below. A. FINDING OF FACT 1. Background Schmidt's Sanitary Service, which occupies the site , has been operation since 1949. The company has a franchise agreement with the City to result of a minor land service. The six p a .L acre property is the r partition which was approved in 1979 (File No. SAP 2 -79) . The northern parcel created by this partition was later developed as LaMancha Estates subdivision. Over the years, the business has expanded, slightly and complaints have been received in recent years pertaining to its operation. The present zoning does not allow a business of this type and therefore, it is considered as a nonconforming use. The Tigard Community Development Code does not allow for expansion or relocation of such uses. In order to address these concerns and the business' desire to expand, an application was submitted in an attempt to allow for a modest enlargement of the area used for the business and address the compatibility issues that had been raised. This application' (Site Development Review, SDR 89-22 and Variance V 89-26) for expansion was approved subject conditions which delineated the areas that could be used for various aspects of the business and required the removal of the underground fuel tanks by October, 1990. 2. vicinity Information properties to the north, east, and west are zoned R-4.5. Pro ert to the south is ;Zoned R- -7 (Residential 7 y units per acre). A single family residential subdivis aon abuts the NOTICE OE DECISION SCHMIDT (SDR 90_23) PAGE 1 property on the north and a second subdivision lies to the west on the opposite side of Hall Boulevard. Small acreage homesites and vacant parcels are situated, to the south and east. Hall Boulevard is classified as a arterial street and Ross Street is a local street. 3. Site Information and Proposal Description The six acre site contains a house, shop, garage, and two barns in the southeast corner of the property. The shop building and the two barns have setbacks ranging from five to ten feet from the eastern property line A gravel employee parking area is located east of the house and a gravel, storage area, screened by an, eight foot fence, is north of the house. Three underground fuel ,tanks are situated south of the shop building near the eastern property lingo The applicant is requesting approval of an amendment to the Site Development Review and Variance (SDR 09 -22/V 89 -26) to allow the underground fuel tanks to remain. The applicant ant indicates that the trucks for the business will n o longer fueled on the site and the tanks will only to be used i for Personal vehicles, :including a tractor that is operated on the Property. State Department of Environmental Quality (DEQ) records indicate that the underground fuel tanks contain diesel fuel (1,000 gallons) and 'gasoline (500 gallons and 474 gallons The status of the three tanks changed to "unregulated" ° on October 22, 1990, because they are no longer being used in conjunction with the business and they are less than the 1,100 gallon size regulated by DEQd 4. Agency and NPO Comments Portland General Electric, General Telephone, Tualatin Valley Eire and Rescue Department, Engineering Department, Building Division, on, and Tigard Water District have no objections to the proposal NPO 5 reviewed the request and concluded that the circumstances the continued to support the " enforcement tithe dcondition NPO cant pp conditions of the previous decision No other comments were received. ANALYSIS AND CONCLUSION To grant the variance allowing the expansion of M M (. 2 �iD`I`ICE' C��` DECISION SCiXD'T .yi?rlid, 90-23) PAGE �1 nonconforming use, it was shown that the proposal ;:did not conflict with policies and standards in the Comprehensive Plan or other applicable standards, that special circumstances existed which were peculiar to the property, that the expanded nonconforming use would be accomplished a.n a manner that would be maintain the intent of the Community Development Code to the greatest extent possible, that there . g p y would be no adverse affect on existing �. sical and natural systems, that the hardship was not self imposed, and t.hat the variance requested was the minimum variance which would alleviate the hardship. In order to meet these criteria, were � � numlaer of conditions wex agreed to by the applicant which were intended to mitigate the negative affect the expansion and continued operation, of the business would have upon surrounding residential al properties Sntr_o(.u•ction of screening, and movement of the business activity away from the site's perimeter (including the fuel tanks) were instrumental in the City'S determination that the variance was appropriate. The fuel tanks along the eastern property line were required to be removed because: a. The fueling activity along the property line was having a detrimental impact upon the abutting residential property because of noise, exhaust fumes, and visual impact. b. The fumes from the tank vents adversely affected the neighbor to the east. c. It was known that the new DEQ regulations would require the eventual removal of the tanks (subsequently, the applicant found that the y could be retained for personal use). c« Concern was expressed that the tanks could potentially contaminate nearby wells T'he retention of the tanks is inconsistent with the original pp . because impacts caused b the variance a roval }�ecause the adverse p y presence of the tanks will remain with the exceptio f the elimination of the fueling activi ty for Schmidt's Sanitary service. Their removal was a critical part of the variance approval. It was important that the tanks were removed in conjunction with moving portions of the operation to central sections of the n site and the provisio of screening. Although they Private Y , are to be used for riyate vehicles, the number and capacity of thy:=: tanks - are industrial in nature and the fumes, visual impact of the tank vents, and the � p. potential � _ have otenta,al for cr�n•tarrlinatioxs of resident�,ai webs tv�.11, h NOTICE OF DECISION - SCHMIDT (SDR 90-23) PAGE 3 •,y a detrimental impact upon "physical and natural systems" as noted in the variance criteria above. Also, there is no apparent hardship caused by meeting the original condition of approval to remove tanks that can no longer be used for the business. DECISION The Planning Director's designee DENIES SDR 90 -23 and the conditions of a roval for, SDR 89 -22/V 89- ai.n in pP 2 G ..shall �. °cam effect with the exception that condition 6. of the decision shall be amended as set forth below: 6. All existing underground fuel tanks shall be removed or decommissioned in a ccordance with state and federal requirements by January 18, 1991. .icy new fuel tanks shall be located a minimum of 100 feet from all property boundaries and shall conform to all applicable City, fire district, state, and federal regulations. STAFF STA�"fi - CCJNTACT. Keith Liden, Planning Division 4171) . PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: ,/ The applict ant and owners _e_%Ovfners of record within the required disstance_ The affected Neighborhood Planning Organ�izati o n 1 f Affected government agencies 2 , Final Decision: THE DECISION SHALL BE FINAL ON hr21 JY UNLESS AN APPE/3L IS FILED. 3. dal: Any party to the decision may appeal this decision in accordance with, Section 18.32.290(A) and Section 18,32.370 f the Community Development Code which provides that a 'written appeal :moist be filed with the City Recorder within 10 days after notice is given and Sent. Appeal fee schedule and forms are available at Tigard City Hall , 13125 SW Hall Blvd., Tigard, , Oregon The deadline for fili'ng of an aPPeal ' is 3:30 pnp.„ NOTIC C1"' DECISION «- SCI IDT (SDR 90-23 PAGE 4 Questions: If you have questions, please call City of Tigard Planning Department, City of ` Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon PREPARED BY: Keith S. Liden, Senior Planner SDR90 -23/k1 NOTICE OF DECISION a- SCH IDT (SDR 90.- PAGE 5 } 2S111A,D-09000 ,• O •Owdw•O•••••d•••• . CONNOR, JOSEPH S COOK, MICHELLE K 8775 SW REILING ST TIGARD OR 97224 2S111AD- 09200 e•owo•m•w o•i•w•• +• WAYMIRE, MELVIN G JIB AND JUDITH G 10845 SW DOVER C7' TIGARD OR 97224 2 S 111AD -09400 0 • a SCHEMA, r 07' 15085 SW HALL BLVD TIGARD OR 97223 2S111AD-09600 • 11 O d ■•• Y O.* ao.• ••• w 4• SCHECKLA, F J 15085 SW - BLVD TIGARD OR 97223 2 S111AD. -09800 • • • • .... e SCSECKLA, T 15085 SW BLVD T1GARD OR 97223: 2S111DA -00100 .. . . •••.••••• SATTLER, ` EDWARD 0 LILLIAN 8800 SW SATTLER DR TIGARD OR 97223 2S1 12BG-00800 .. .................. _ STEEN, WILLIAM V AND RUTH G % STEEN, DAVID W 4646 WILLIS ST #107 SHERMAN OAKS CA 9140.3 2S112BC -00900 •••...w••.W••� ♦•isdr• BABIN CHIES J VIRGINIA L 14825 SW 81ST TIGARD OR 97223 2S1128Cj -04800 .. i • •4:4. M a • • •,.i S • • KILLi0N ' THOMAS J TERESA L 14840 SW 83RD TIGARD OR 97223, 2511280.05000 MA, BANG LEE 14880 8W 83RD TIGARD OR 97224 2S 1L711AD_�0900 • ................ ROSE, DAVID 11 ROSE, JUDY L1CNN 8765 SW REIW NG STREET TIGARD OR 97224 2SII1AD- -09300 • • • .;; ' e • • ............. SC EC IAA. F J 15085 SW BLVD TIGARD OR 97223 2YSI11AD -09500 d. • • a SC"HECKLA, F J 15085 SW BLVD TIGARD 25111AD-09700 SGHECKLA, 3 15085 TIG O w' p •'N ♦ w• O• S O OR 97223 • • O • • M • • • O:• • • • • O tl a • BL*J OR 97223 2S111AD- -09900 .. . • . • . • • e • CASTELLANOS, RICHARD I( F3RUGATO, THERESA M 8790 SW REILING TIGARD OR 97224 2S111DA- 00300 • ...'. • « • . • • . w SATTLER, EDFi LILLIAN E 8800 SW TLER DR TIGARD OR 97223 2S112BC- 00801 ........... • . • • . STEEN, WILLIAM VANCE AND RUTH C % BARKER, AL 1.4885 SW 81ST AVENUE TIGARD ..p /+�/� OR 97223 2S1I2BG- •04100 '•a d •.:.•♦w wwi•♦••. SOULE , JOHN A AND DAGMAR 14820 SW 83RD AVE TIGARD OR 97224 • 2$11230. ., 0 : d x WELLS, SCOTT L AND BROWN, ROBIN A 14860 8W 83RD TIGARD OR 97223 2S.112BC -- 05100: •...'.•w.... d•.••• w.••.a BIT, MICHAEL A DN SUSAN ELAINE 14900 SW 83RD AVE TIGARD OR 97223 ,„n U. ti • 2811286L05200 - 05200, • ..... . SNYDER, }TOWARD i3 AND CECILIA J 14920 SW, 83RD TIGARD 251128C -05400 ....... GARNANT, KENNETH L 8340 SW LA MANCHA CT TIGARD OR 97224 OR 97224 O • 28112SC -05600 •.,..,...o• »•ee..•.•o_ GIULIO, 'TERRY AND MARCHIA 8380 SW LA MANCHA C'1 TIGARD 0R. 97223 2S112BC -05800 •.A••......w.•..••O4. LGVKT?, JAMES 1R AND JOAN PS 8420 ' SW LA i1CR,P CT TIGARD OR 97223 25112BC- -06000 . • . • o .o'. • . w. • ... • . . • ••. • L4ILLER, RICD )i 8445 SW LAMANCHA TIGARD OR 97224 281128c- 06200 .r.• LARSON, ('HARETTE 16899 SW G;EENBRTAR LAKE 0SWEG0 OR 97034 2811213C- -08400 ,.•...•.••••0.00 •• HARRIS, BETTY J 8375 SW LA i+ATCHA TIGARD OR 97223 2511280 -06600 s••w••••d•r• ROBERSON, GLENN A & HELEN E 8335 SW LA MANCHA ' CT TIGARD OR 97223 25112CB -00200 .Y••w•••• MCQUARY, GARY &c MOLLY, 7996 SW 113014D TIGARD, OR 97224 28112CB 00600 3OGCAN, RXCH RD E GAYLE A 8200 SW ROSS ST TIGARD w • 2 SI12BC. 0530't f ...... ,... ...... . GUTHRIE, MUREDYTHE A 8320 SW LA MANCHA COURT TIGMED OR 97223 2S112BC -05500 ....... • o ... o . RFRO, PEGGE JO 25501 5 SCBGCKLEY RD BEAVERCREEK OR 97004 25112BC -05700 ....•..•.....,..., EMS ''ATE, BRAD L AND SUSAN 1 8400 SW LA MANCHA COURT TIGARD OR 97224. O • O 2S112BC -05900 •..oe••w•wo.ae.YOSO.• S,TZER, EUGENE 'L AND JULIE K 8440 SW LA MANCHA CT TIGARD OR 97223 252128C -06100 ..•..•o•.a• IMARLER, JAMES D JR /MARIA K 8435 SW LA MANCHA CT TIGARD 2S112BC- 06300 TAYLOR, SUSAN M 8395 SW LAMANCHA TIGARD OR 97223 • e • • • r, • . • • • • OR 97224 2511280 -00500 ......w,..w SAAUBLE, JAMES M /JUDY L 8355 SW LAMANCHA CT TIGARD OR 97223 .... 2S112BC- 06700 .,.•....•...,••.•. FORSTY WALTER A AND VIOLA 8315 SW LA MANCHA CT TIGARD OR 97224 • • •,• • • • 4 4 OR 97223 2S112C'B- -00600 ..... Hot GAN, RICHARD E & 8200 SW RoSS 'TIGARD 251$X8 -0 0700 . • e MCQUARY, GARY L 7996 STEW B01415 TIGARD .GAYLE A OR 97224 pp•��••yy4pp • • • 'r} • O 4.4 • • DLLL O OR 97223 • t, 2'S112CB -00800 w • w Kd ♦ w..• s •..s '•. v • ♦, MCDONALD, LYNN B MONICA 8340 SW ROSS ST TIGARD OR 97223 JOHN SCHMIDT 8325 SW ROSS STREET TIGARD, OR 97224 CRAIG HOPKINS 7430 SW DARNS ST TIGARD, OR 97223 e N • 2S112CB- 01 000'K", . w w. MCDONALD, LYNN MONICA R 8340 SW R• S ST TIGARD • • • • • • • it + ,0 OR 97223 DEBBIE MANGOLD 8275 SW ROSS STREET TIGARD, OR 97224 MARILYN BAUER 11495 -A SW GREENBURG ROAD TIGARD, OR 97223 pl • • City of Tigard P.O. Box 23397 Tigard OR 97223 k IMES PUBLISIAING COMPANY P,O, BOX r',}0, PHONE (503) 684-0300 BEAVERTON, OREGON 97075 Legal Notice Advertising Tearsheet Notice 0 Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )"` , Judith Koehler being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of the_Tigard—Times a newspaper of general circulation as defined in ORS 153,010 and 193.020; published at Tigard_ in the aforesaid county and state. that the - SD0OO21 SflJopmeni a printed copy of which is hereto anneztad, was published in he entire issue of said newspaper for OrJe successive and consecutive in the following issues: De J 0 0 0 e J Subscribed and sworr1ta before me this 6th of Deco 1990 Notary Public for Oregon My Commission Expired/ 0 , AFFIDAVIT fx. Legal tica'r An116).gvEtop r/.LgvIENV: SDR 90-0023 Sc The - , he purpose of ietaf v6lai)3;ft; gdvi Director , has pored ak'idquo.at for 1Site ' )/ey'..61Opi fliel storage for residentai and frni use arily, ZONE: R-4, jioc417„ OS $: 11E1 1 Atihma. IMP hz • . S. V M148oc,y(r 0 110111 Nyoi Thc adoptcd .lindinkOff4tta0.000.ision,,,*nd',i;tatinOnfO'. ,,-obwittpolfronOie.Plarinfrigr'06par4tiltaWcityjo .r.' Hall }.31.vd.',''PA, 8:0. 233971; li;ga.(4: OrogOn,,9/421,Tt final r on Deconir ''Ig.i', 199Q. Ay party to ' tii6.140,416 decision in a.00.00.ric0,,iti..114,$e,4( 041.8,4';,~41..10(A) and', of titc,„;cotioitihity, boe6100100t,,14,1,vbit411iii' atipaf may b0 ..i1104, .i'litiiiirl la ii ,),0 art'bt nottoo,ik gt. ' r deadlinp. * for Aling of r aA1 1$4,,30:0:M.,p6 hi' twaritag.611 an bor*Al.f.will.r be pNci,,A. 177775 ,,Ptibli.4i'Da'ceinbor(:4 1900,'' • ' . ' ' '''' '''. ' ',' , ' ' , , 4 41' 41. • • ,. TIMES PUBLISHING COMPANY P.0, BOX 370 PHONt (503) 684 -0360 BEAVERTON, OREGON 97076 Legal Notice Advertising is of Tigard Box 23397 ard, OR 97223 a l' DEVELOPMENT REVIEW SLR 90 0021 SCi' M T 5) e Direct& has denied request for 'Site. Develop Aer- 0r R� v w`to, alio at iehdt en ,of a previous ;Site' Development'Revie'w '(SDD ,89 -22) ibt the pose o� '. inin underground ifuel storage t :snks. lkelkSval of the tanks was requu' 1 in the previous,dectsiorr .Ta s are proposed to be u cd. for residential and farm use S.W. : nR -4..5 ' esidential, , 4.5 units /acre) ,1.: Oil'; 8325 SRoss S ree �L�r "f S 1" I2CB, tax 'lot 900). AFFIDAVIT OF PUBLICATION E OF OREGON, ITV OF WASHINGTON, )ss' Judith Koehler first duly sworn, depose and say that I am the, Advertising tor, or his principal clerk, of the_.._._..__TiS 0 spaper of general circulation as defined in ORS 193.010 93.020; published at gp in the said county and state; that the nted copy of which is hereto annexed, was published in the e issue of said newspaper" for Orte successive and ecutive in the following issues: scribed and swoi.. to before me this_J th of Dec. 1990 Notary Public for Oregon Commission Expir' F'HDAVIT The adopted finding of ,facts, decision, , share neht'of can itionr ` lye. ob wined t' om to .Planning Department, Tigar ball Blvd., .Oe Box 23397, Tigard, Oregon' 97223 �°�'i The decision shall be final on .December 18 1520,4 Any party . to the'�,d ision may appeal tins decision in accordance. with Section 1932.2904) and Section .1832,370 of the Community Development Code, ':which provides ghat writ n V„ appeal tray be flied within 10 days.after notice is gi ren and sent, The . deadline' for filing of an apl : is„3 :30 P.M., ,December hearing on an appeal will bet Novo 'rT7775 — Publish Doc: enTh r 6, 1990, 40/0 CITY OF TIGARD, OREGON SITE DEVELOPMENT REVIEW APPLICATION CITY OF TIGARD, 13125 Sw Hall, PO Box 23397 Tigard, Oregon 9722.3 - (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION X55' TAX ,MAP AND TAX LOT .F 610 SITE SIZE 544.7 A . , PROPERTY OWNER /DEED HOLDER*i T nh n E_ aa n. j7 Schmidt- PHONE 1 n _ 1 ADDRESS r� �' 'CITX ward r Ot4igot� ZIP 9 7 22-4 • APAICANT* �--- ADDRESS PHONE CITY ZIP *When the owner and the 'applicant are different people, the applicant must he the purchaser" of record or a leasee in possession with written authorization from the owner or an agent of the owner The owner(s) must sign with written author xza� n this application in the space provided on page two' or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property` re quu est site development review aapproval to allow "12'-., , - ' (SNGL r:' 0524P /13P Revd 5/P1 FOR STAFF USE ONLY CASE NO. 3' % �'" 2.3 CASE NO S: 5.:.s.4 "2= z- OTHER RECEIPT NO. APPLICATION ACCEPTED BY: DATE: Application elements submitted: App1 ica tion fort (1) L - ("B")wner' s signature /written authorization (C) Title transferinnstrument (1) (D) ,Assessor's map (1) f�+ i,z pp (E) Pot lan s (pre checklist) Applicant's statement (pre hecklist) (G) ✓"rte& (H) ' Filing fee (w (II Construction Cost Estimate DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: . PLAN /ZONE DESIG'NATIO L(. �■r N.P.O. Number Approval Date: Final Approval Date: Planning Engineering '1I • List . any variance, conditional use, sensitive lands, or other land use actions to be considered as part of this application: • Applicants:: To have a complete application You will need to submit attachments described in the attached information sheet at the time you submit this application. • THE APPLICANT (S) SHALL CERTIFY THAT: nJ violate any deed restrictions that may The above request does not vi_ attached to or imposed upon the sub "ed ct property If the application' is granted, the applicant will exercise the rights granted 'in accordance with the terms and subject to all the conditions and limitations of the approval. All of the attachments, applicants. application, false. above statements statements plot plan, is and the atatemer�ts in the and exhibits transmitted herewith, are true; and the so acknowledge that any permit issued) based on this may be revoked if it is found that any such statements are D The applicant. has read the entire contents of, the application, the policies and criteria, and understands the requirements for or denying the application DATED this SIGNATURES of each owner (t SL :pin /0524P)' i.ra°"i day ofC g. husband and wife) of the subject property. 01114Kole r including approving _9 2S112BC- .05.200 . ♦..•s••..•• SNYDER, HOWARD H AND CECILIA J 14920 SW 83RD. TIGARD OR 97224 25112BC- 05400 • .. GARNANT, KENNETH L 8340 SW LA MANCHA CT TIGARD OR 97224 2S112.8C -05600 ...•.•... GIULIO, TERRY AND MARCHIA 8380 SW LA MANCHA CT TIGARD OR 97223 2S/128C 05800. .. .... «.« LOVETT, JAMES R AND JOAN M 8420 SW LA MANCHA CT TIGARD 2S112BC406000 .. . MILLER, RICHARD H. 8445 SW LAMANCHA TiCGAR?3 OR 97223 OR, 97224, • • 2S1.12BC.. 06200 • • ... • . . • ..... LARSON, CHARETTE 16899 SW GREENBRIAR LAKE OSWEG( 2S112B0-06400 .. HARRIS, BETTY J 8375 SW LA MANCHA TIGARD OR 97034 OR, 97223 • • • • 2S112Bt -06600 ••.b♦•.•..•.•.••••.•. ROBERSON, GLENN` A & HELEN E 8338 SW LA MANCHA CT TIGARD OR 97223 2S112CB -00200 .•..•w•.• MCQUARY GARY & MOLLY 7996 Ski BOND TIGARD, OR 97224 2S112C1.3.00600 .. • . "r . '• • HOGGAN , RICHARD E GAYLE A 8200 SW ROSS ST TIGARD ee3 ot •'.• • OR ,97223 2S112BC "0530 .• ♦wiq• \1.•••••••0•••• GUTHRIE, MUREDYTHEE A 8320 SW LA MANCHA COURT TIGARD OR 97223 28112BC.-05500 .•.... ..........0, RENTFRO, FEGGIE JO 25501 S SCHOCKLEY' RD BEAVERCREEK OR 97004 2S112BC-- 05700.0......... •....... EASTGATE, BRAD L AND SUSAN M 8400 SW LA MANCHA COURT TIGARD OR 97224 2S112EC- 05900 .. ........... SETZER, EUGENE L AND JULIE K 8440 SW LA MANCHA CT TIGARD OR 97223 '2S112BC- 061.00 00...••••••.....00 .:• FOWLER, JAMES D JR /MARIA K 8435 SW LA MANCHA CT TIGARD OR 97223 2S112BC -06300 •..•.•... TAYLOR, SUSAN M 8395 SW LAMANCHA TIGARD OR 97224 2$112BC- 06500 .0..••....• SAUBLE, JAMES 'M /JUDY L 8355 SW LAMANCHA CT TIGARD OR 97223 sees 2S11213C -06700 a...•.•.••..• F•a•d. FORSTY, WALTER A AND VIOLA 8315 SW LA MANCHA CT TIGARD OR 97224 2S112CB -00500 e•...a..... HOGGAN, RICHARD E & GAYLE A 6200 SW ROSS ST TIGARD OR 97224 281120B,- 00700 '4:0444044444 . MCQUARY, G'AtY L & MOLLY 0 7996 SW B0JD TIGARD OR 97223 EZZL6 Q t • t 6 O • • • A • • t Q1JIs aAv cr E8 MS 006fT xn N'SnS arty ` 7aVNOTT4 [�►J7; ,Mary • • • l • • rq OOT5O-OgZTTsZ, EZZL6 H0 0 0* Y• A• 0•• t• • • OIz UHE8 MS 098PT V N aQH 414MOH aNNI ri s "0os 'sTnIM '•••° 006t'O QBZTTSZ VZZL6 HO as oITr 81s►'FI QHE8 M$ 0Z8:fiT k iHDVan aNV 't NHOL'I�[4 �%a'In0 s ••r4•••••••t•••••••t 00Ti�O,..Oa?itTsZ EZZL6 HO QH OIS anNIAV LST8 MS 588t'T 'V ' 11HYL ID'S % 0 H &nit QNV IOMtA W 177IM '' N'33SS t•.• . •••••i ►��••w T0800-OHZTTSZ.. • EZZL6 ZIQ VZZL6 HO • P • • • 0 QuvOIL` Htz Iia7IIVs MS 0088 r amvmaa 'lI'3'xLTii3`S' • ° 00£00- v'aTTTSZ • • aav0Iz DNI'II H MS 00L8 W VS HSHI ' O.iK0 22If3 31 auVa0IH 'sONV 7aIsv0 ••••6••••••• 00660- Q1TITaZ EZZL6 HO aHVOIS QAaff 77 H MS 580ST ✓ a ivrlapaa0s 00L60- aVTITSZ EZZL6 HO • • • aVVOIX QA'IB 77VH MS 9805T ✓ a " i "[21pallOS AA•.••••••• 00'60 -Q 'TTTSZ EZZL6 HO aHVOis QA'in 77VH MS 5809T ✓ a'voaH3s .••.••.•r•...•.00E60- alrTTTsg VeZL6 HO it d.OIL • 0MI'7CI MS 99L8 NNXI X rnr ' aSOH E QIMft t ' aSOH • '; ' 0T60- avTrTSZ • • • • • iZZL6 X O • • EZZL6 HO auvPII aHE8 MS 0887t Hari OBI 'VW 00090 - 011ZITSZ UES MS 0V8 ' 7 VBflas NWT S OHIL 'NOITII)g • . r • • , . 008'0 7017TTS3 EZZL6 HO • ••• 'a fOT4 4STB MS sESVT 'Z 'TINIOHIA r S2T0 ' MIa'b1$ • • , • 00600- PaZITS2 E0 T6 X10 S?IVO MukrtlaHS LOT# IS SITHM 9b9f M aiAva 'NfaJ1s O HLfH aNf A W fiI'I'IIM ' NffJS o *•••••a••"•• '00800 - OHZTTSZ EZZL6 HO a oiz Ha Ha7I1\fS MS ,0088 MV/77X7 r a maa SL ms • •••••o•••• 00T00-vaTTTSZ: EZZL6 HO • • • • • • • • EZZL6 HO e • • • • • • EZZL6' HO QA'IS 'ITIH MS S80ST ✓ a 'v'Ix0aa0s 0 0860-aVITTS ■ r QAia 77VH MS SBOST ✓ a IvrlapaH0s ▪ 00960- aVTTTSZ ■ R aav0II U4Ia 77VH MS S809T L"' 3 'V7m0aH0S 00V60"0VTTTSZ ■ • • • • • • ■ VZZL6 HO C WeIS So aaAOa MS S 80T o Haiianr amv ur o NIA7aN aatiimxvm .••o•.•0 00c:60"(I''TTTSZ O 000000 VZZL6 HO '•• • r • • • auv0II ss 0mirliau MS SLL8 )I aT tHOIW 'x000 s Haasor 'HONNOO • 00060- 1TTTsZ • • i1 2811208 -00800 ... •.. •. •.; NMCDONALD, LYNN B MONICA 8340 SW ROSS ST TIGARD 2S112C8 -- 0100 ,,, •....•..•.••. ... MCDONALD, LYNN B & MONICA R 8340 SW ROSS ST TIGARD 7610© 13200 70.37 11.4375 Ch.' 71.98 ,yR a 75 73.03 69.011 104 ix5a N 5\ 989°06.03"W r� 1,....9100 8700 co 8800 -- !18900 O1 L(OI d■ l d0 4 m Mv" 3 O a' 4 R -15 Q ;° 11.37 ! pi 68 R.15 e44' 23.51_ , yJ �� • r 28,02 *74 • • �g STREET N H tr G l 2. 3100 R= 346o.0 ' ' @ o `, '3 4.� rte Rc t25 , } i 6 78.25 77.77 v 63. 2.3 �7 22.33E t1 'b , eo M_ 139.2 a 28 3 17 71 R -t 5 9=15 Ris `; to g a3 BO M II300 10400 10300 y 11600 ®3 a •r, R=1s, >9400 0 11500 11400 46 5� ' m'` 56 . r • 50 r. r. 13000 43 tr N 9.z 44 . 93 ? 146.45, �0© oo 138.06 11200 1060Cf 0 29 Jo"`y Q > Is 900 11700 103. �` 54 57 .....r ti 'y a 719 9b ~ d Ili t° 7q 03.63 93 I.i1 em e e.6 s 'a,J �. 42 11800 111 11900 11100 "_" n r _may_ , 10100 •b9 � 49.36 �v S8.04 41 F' ' • p r1�:+v�.+V ri - ^'S w. ° �_ 7' 1Ax w s t9.tJi0 92.97 '® 48 20.38,. = -.-- -....r 68.2© ��°a 1;6.77 11000 10700 10000 J6 82.39 ' e� . 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'9600 V V ) A \ . .97 68.28 Ve 63 . di e • 10700 1 0000 a cp '` 52 . a � 7 59 z.a 2,97 93 10$00 a� C.)0 '9800 9700 ci e . , in in \ STREE L 8.25 14= 61 51 60 0 62 FOR ASSESSMENT PURPOSES ONLY. DO NOT RELY OW FOR ANY OTHER USE. r .?9 : a,.'3 50 ,>a . 9T.69 I b C.i1l 100.d7� T 45 30 .4 M S! 1,i, ll ✓l4#1iJiir, ee / ii1 iii/.' i% JJi /iiiJ iiiiiii %f 111111/ 11111 1 Jiiiriiilri1Iiii11 i 1111/i iri'' 1 0 N NE 1/4 SE 1/4 SECTIION I I T2S R I W W.M. WASHINGTON COUNTY OREGON SCALE i"= IOU `-- 5 :r1 a CH, 0/5 Aa 1 II 'T2S R I W W.M. OUNTY OREGON 1 " => 1001 ' • S,YL i CAS • w a STREET' ,,._--- r,xp3d C R ?7 Aa' X16 _„ i735 CHAIRS sEE MAP 2S i i2 754.07 5 N r r./ J _..T � :,Y13 bt 'f ° 16 9 �" 19 - . = 0598 hp 2400 P v • -j ,, 2000 . b3 A q... 93.92 �.. P 109.23 aN 'D Q. 10769 a 30 • q`62500 I5 �, "•4i 20 L. 9# 9 ., 126 n ..r"' . 117.43 OQ $ RV, 3 :� 115, 3700 w 1000 3000 5�_ 2l '94 AC. a 108.6 ,• .2600 v n g a • Y m - 14 116.13 S rte. con, 1.137 7 `- r Il300 �0 IO a WILSON ACRES 115 126 3800 2 RI ° -0I 81 w '1' 22 ^ i'5 ° 109.52 2700 2800 2900 1700 ti 114.84 gi g 1 l 12 }} m 13 °' 3900 1 �+.m r r1 1-1 (fc M 40;4. 75.13 � . '�i: 71 51 71 'bat, 23.54 2 S.W. MURDOCK STREETg 4000 R .�4$ ( 55.45 ° 80 OO 61) ° 74 ��i m 24 o, 4600 4500' 4400 4300 4200 ' 9... 112.25 5 sl R TO 0t, I ^ 30 29 a 28 • 27 °' 28 :i £° 4100 ,94 AG 2.63 INITIAL PT. s ro 69° 58 3d w 50 1O 25 FY ,43.OI ee.55 63711 30 50' 50 55.71.. 6100) 6200 630`0 6?4-60 .7500 6E0I0 .5700 " L A �m,, I5 J \/j t,' i ' ��J �� f'J : A gi 14 16 17 18 19 - 20 72 8 ' 0' _ .0 .. „.,4) d 50 50. 50 45.75 tiz SW< LA MANCHA CD 4938 ..ti�b 5400 •530( 342.67 r84z87 _ . 500 1.97 AC g 4.00.01 3 g. .. 1 fit. 109.63 10 324.85 4900 801 N 179°3054% "4a09AC, !00.65 w Q.. '50000 .Na; : a ` 3 .1. z It)? <,� 5100 - _._ A-2 ii- .... iolSe9.. '0C ............:.. X100: 5 1:ie9 ac. 600 .94 AC, 5 99* 55' 0C3 It 5W '50111408 'k,0t WILsoN A5Rtt5 1.94 AC, 342.67 342.87 ' 500 197Aa' SO0 ,94.,iaC, FOR ASSESSMENT PURPOSES ONLY's bo Nor RELY ON POR ANY OTHER USE. tAut#4 Edasdlittticktsf4k rfrA . 4ebfesv. SEE PiAn 2S I 12(11 �ui7tuthcte4dW�eii IJ.a�lkxroiabfulau� 0 NVV 1/4 SW i/4 SECTION 12 T2S R I W W.M. 612,37 , WASHINGTON COUNTY OREGON 900 5,9740, SCALE. ir= WO' 1/4 COfl 1qp44i � x. oz 71 X04 uj Z95 AC, 2GG' EAST 920 702.70 O,O 7U PUOLIC 337/64 (30 W(DE BY PLAT( 4' FO.pS (CR (2904o' WIDE • .t,. 22Q A 209.17' S 89° 499W 226,40' lb 5UC? BOO LOO AG 1,52�AC 36' 132,11' 109'226,40' 600 .36 ACi J31 79' 2G,4O' 22640' 9k' N HI) °4'3'30 °E 226,40' 40 tai St d 9'y • 416,60' SECTION 12 T2S R I W W.t V1. HINGTON COUNTY OREGON SCALE 1 = 1O01 SEE MAP 29 1 128C 2G0.06' 100 2.95 AC. rU ib3.33` 36 32.11 400 , 67Ac, l of,ld 43' "d'E 2x4. -00i BEI le . r • TO: REQUEST FOR CC'S Ir DATE: November 13 1990 FROM: Tigard Planning Department RE: SITS' DEVELOPMENT REVIEW SDR. 90 -0023 SCHMIDT (NPO #5) A request for Sit, Development Review to allow an amendment of a previous Site Development Review (SDR 89 -22) for the purpose of ..etaining underground fuel storage tanks. Removal of the tanks was required in the previous decision. Tanks will be used for residential and farm use only. ZONE: R-4..5 (Residential, 4.5 units /acre) LOCATION: 8325 SW Ross ,Street (WCTM 2S1 12CB, tax lot 900) Attached d is the Site Plan and applicant's statement for your review. From information by various departments and agencies and from other information to our staff,. a report and recommendation will be in - on available and a decision will be rendered on, the proposal in the near future.~ If you wish to comment on this application, we need your comMents by Nam'. 26, 1990. You may use the space provided below or attach a separate letter to return your comments. If you are unable to rest .pond b the above date plea3e phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: Keith Liden PLEASE CHECK THE FOLLOWING ITEMS THAT 1 PPT.►Y We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: ?hone Number: bkisn/Sb19O -23 . BKM x 1 IFICATION LIST FOR ALL APPLICA JS NPO NO. (2 copies) • CITY DEPARTMENTS ding °Inspector /Brad R. 'ity Recorder° gineering /Gary A. Permits Coordinator /Viola G. SPECIAI, DISTRICT S fir'''' Fire District (pick -up box bldg.) / Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 , .AFFECTED JURISDICTIONS Wash. co, Land use & TransP. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin` Joann Rice Scott Xing Fred Eberle Mike Box; reson Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 • . • St. ate. !Highway Division Lee Gunderson PO Boat: 565 Beaverton, OR 97075 • ... • ...• • • • r r s.. •.• • • w ......• . ■ ■ ■ n ... ■ ■ ...... • SPECIAL AGENCIES General Telephone Mike Lutz 12460 ,SW Main St, Be verton, OR 97007 NW Natural Gary Don Thomas 220 NW, Second 'Ave, Portland,, OR 97209 TCI Cab1evision of Oregon, Inc. 3500 SW Bond Portland, OR 97201 CPO NO. Parks & Recreation Board Police Other School Dist. No. 48 (Beavr) Joy Pahl PO Box 200 Beaverton, OR 970751 School District 23J (Tig) 13137 SW Pacific Hwy. Tigard, 'OR 97223 Boundary Commission` 320 'SW `Stark Room 530 Portland, OR 97204 METRO 2000 SW lst Ave. Portland, OR 97201-5398 DLCD (CPA's only) 1175 Court St. NE Salem, OR 97310 -0590 Other • • ..•■.Le.. •. •.Y •... ...ter Portland General Electric Brian Moore 14655 SW Old Scholls Ferry Beaverton, OR 97007 Metro Area Cotnunications Harlan ,Cook Twin Oaks Tedhnology Center 1.815 NW :169th Place 5.6020 Beaverton, OR 97006- -486 US West Pete Nelson 421 SW Oak St, Portland, OR 97204 Mike 'Hallock STATE AGENCIES Aeronautics D iv. C COOT) DOGAMI Engineer Division of State Lands Board of Health Commerce Dept. -M e H. Park Fish & & P.ecrea. Div. Lc 131e Subdivision Supervisor PUC Dept of Energy fire Marshall Dept. of Environ. Quality Other • FEDERAL AGENCIES Corps. of Engineers Other Post Office • OTHER Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, Rm. 324, Union Station Portland, OR 97209 NOT.LST TARY 3ER` i E ms : ,: 1M'`6" X V 1 ()f rieVD Hall Blvd, 23397 on 97223 to o ■ Wld ��t/0 �. r 8375 SW liANCHA TIGARD eeeeeeteo 2S111AD-09200 ' » .. .. a . • . • .... WAYMII E, IKELVItt G kIR AND JUDITH G 10845 SW DOVER CT TIGARD OR: 91224 Iltlt):111# r,li,l►liI titlir !till IIl ►lll tltttItl July l8, 1996 Debbie Mangold 8275 SW Ross St. Tigard, OR 97224 SCHMIDT SANITATION SERVICE CITY of TICARD OREGON Debbie: I wanted to send you a follow up letter summarizing our meeting of July 1 ith., where we discussed the ongoing issue of this nonconforming business, You and your neighbors expressed frustration with the fact that this particular use has been allowed to continue to operate over the years while "violating" various standards and regulations. I believe you recognize that the business has the right to operate, but question continued abuse by the Schmidts. It was pointed out that whenever issues Schmidt, i.e. letter outlining code s are raised with �chnudt x.e. t1�e recent 1 , violations, things are "OK" for a while and then return to the way it was. This has particularly been true of noise, truck washing etc.. It was agreed the City would actively monitor the business for a specific period of :,fine to ensure conformance to applicable standards. What I offered was that the City would monitor Schmidt for a 30 to 60 day period. During that time, 'Code Enforcement will make spot visits at different times of the day and week to make sure were not occurring. If violations are found violations g , ssitationti will be issued. I believe that continued monitoring of the business will encourage the Schmidts to operate within the confines of applicable codes regulations, while demonstrating to the neighbors that the City is pp and r committed to enforce the same. hb noise is particularly bad first thing i The neighbors noted that in the morning between 7:00 - 8:00 AM and mid- afternoon between 1 :00 - 3:00 PM, however, noise can be a problem any time, As a result, inspections will be made at different times of the day over this period. Neighbors have indicated that Schmidt is still welding in the shop building. This activity requires substantial improvements rovements to the ` p �, ,` building, which have not occurred; will ` ' that they are no longer doing this activity. The Code Enforcement d ;�ndxeate doing t3'' �xt Officer will nxoautor the situation and make a site visit in the next few weeks. Washing of trucks, according to you and your neighbors, still occurs, Provided Schmidt stays within limits, it is not a problem. However, it was indicated they occasionally wash out the trucks, The Code Enforcement Officer will monitor the situation 13125 Slid lafI l ivdr, Tggrd OR 97223 c503) 39 -4171 TDD c503) 6342772 n , This past winter, Schmidt pumped water from the "pit" in his shop building. This was necessitated as a result of the high water table. Obviously this is not a problem during the summer, but occurs during periods of .heavy rain:. I am having Code Enforcement look in to this matter since 1" don't know what regulation covers this activity. Water that eventually flows across property lines and impacts other property owners needs to be inspected during the winter months. Code Enforcement will monitor. we are still working on the building violations. They need to bring the building up to code and I have asked David Scott, the Building Official, to continue to pursue this issue. The Sclunidts recognize nize that it will be costly y to upgrade the shop building and. are evaluating their options. They have asked for the City to delay enforcement until early August when their legal council returns. Concern was expressed over garbage trucks using local streets for access to the business. Speeding by employees was also mentioned. In discussing this problem with Bob Wheeler, with the Police Department, it was suggested that traffic counters be placed on adjacent streets for a given period of trine. Since these track both volume and speed of vehicles, a complete picture p g problem, assign streets can be obtained. If there is a s eedin roblem. Bob will then asst n a traffic unit on the stxee to enforce speed limits. Another issue that the neighbors raised was near the intersection of SW Bonita on SW 81st Street. Apparently, the street is narrow and there is a vertical curve urve p problem. Vision .problems were also noted. I indicated d that, most likely, the problems would be corrected with developrnent of adjacent properties. I have asked our Engineering Department to look into the situation and let rye know what they find. l intend to y get back to you and the neighbors with our analysis. The City is comanitted to work through these issues. We intend to monitor. the business usiness and ensure compliance. I recognize that problems have existed for several years and that it will take time to address everything, however, we are cornmitted to see solutions to the various problems. Incidentally, I will be out of the office for two weeks starting July 22nd. If you have specific p you can address them Officer, problems, err with Jim Wolf, Cade I; for Sincerely; James N.P. l Iendryx Director of Community Development 1 \cdadm \jerree \jimh \mitngoid4doo MEMORANDUM CITY -O F TIGARD TO: FROM DATE: SUBJECT Jim VVoIf Jim Hendrix Ai July 16, 1996 Schmidt Sanitation Service 1 met with several neighbors of Schmidt Sanitation Service on the evening of Surly 11, 1996 and discussed the ongoing issue of this nonconforming business: The neighbors expressed frustration with the fact that this particular use has been allowed to continue to operate over the years while "violating" various standards and regulations. They recognize that the business has the right to operate, but question continued abuse by the Schmidts They pointed out that whenever issues Le raised with Schmidt, i.e. the recent latter outlining code violations, things are "OK" for a while and then return to the way it was This has particularly been true of noise, truck washing, etc. I recognize been out there several times to check on violations and that Code Enforcement has be Schmidt responds for some period of tine. What 1 offered the neighbors was that the City would monitor Schmidt for a 30 to 60 day period. During that tune, Code Enforcement would make spot visits at different time of the day and week to make sure violations were not occurring. If violations are found, citations will be issued. I believe that continued monitoring of the business will encourage the Schmidts to operate within the confines of applicable codes and regulations, while demonstrating to the neighbors that the City is committed to enforce the same. The neighbors noted that noise is particularly bad first thing in the morning between the 7 :00 - g p y � � 8:00.. AM and mid-afternoon between 1:00 - 3:00 PM. However, noise can be a problem any time. Neighbors have indicated activity rcated that Schmidt is still Welding in the shop building. This activity requires . substantial improvements to the building, which has not occurred. Schmidt indicated that they are no longer doing this activity. Washing of trucks, according to neighbors, still occurs. Provided Schmidt stays within limits, it is not a problem. 1 -lowever, neighbors indicate they occasionally wash out the trucks, This past winter, Schmidt pumped water from the "pit" in his shop building. This was necessitated high table. Obviously this is not a problem during the summer, but occurs `he hl as a result of t . table ; h water g periods heavy don't know what re ation activity, except water durxn eriods of hea rain. 1 do gut covers this act�vx exec t u:. ...,,a......,, eventually Hors across property lines and impacts other properly owners. This needs to be inspected during the winter months. We put them on notice this past spring, and identified several violations. I need to have you monitor the situation to make sure they fully comply. We are still working on the building violations. They of yet need to bring the building up to code. a July 8, 1996 Mr. Larry Schmidt 8325 SW Ross St: Tigard, OR 97224 CITYOFT1GARD OREGON WORK REQUIRED TO BRING ''SHOP" BUILDING INTO COMPLIANCE In our letter dated May 14, 1996, we indicated what was required to bring your shop building into compliance. Since that time, you have made inquiries • regarding specific details regarding the work you need to do, but, to date, we have no permit application. We also understand that welding continues to be performed in the building: Please be advised that the City will require that you submit the necessary plans and apply for the required building permit within 15 days from the date of this letter and desist from welding in the shop building immediately. Upon receipt of a p ernit, work must commence immediately and be completed in a timely manner. Failure to comply with the above will result in the issuance of a NOTICE OF CIVIL INFRACTION. Your timely response can lead to the amicable conclusion of this matter. Thank you in advance for your cooperation: We look forward to receiving your permit application. Sincere David; Scott, P.E. Building Official Jim Hendryx Di k Bewersdorff Loreen Mills it\bid9 \david\schrrii t Itr 13125 SW Doll Tigard, OR 97223 (503) 639 -4171 1DD (503) 684 -2772 May 14, 1996 Mrs. Debbie Marigold 8275 SW Ross Street Tigard, OR 97224 Dear Mrs. Mangold: • CIWO TIGARD OREGON At long last I am able to report progress on the complaints regarding 8chmidt's Sanitary Service. As you know the City conducted noise evaluations to document violations of code requirements. ' The City Building Official and Planning Manager also conducted a site inspection of Schmidt premises. The City has also met with the Schmidts to gain compliance to code p provisions. B ased on documented noise violations Schmidt's Sanitary Service has agreed to comply with the DECD standards the City enforces. They have taken steps to correct the 1 City has indicated to the Schmidts that it will continue to monitor noise problems, The �i h the noise and will issue citations to City Court if there are further violations. Jim Wolf, Community Service Officer, will be contacting you if he has not already, regarding times appropriate for conducting noise measurements The shop building near your property was found be in p occupancy requirements of building line . ` to n com fiance with the in nd t. :�+ operations, fire resistant originally continue repair P � q walls will have on mall issued. To co . , venting will have to be made. These changes should he! to added, and corrections to g help gain compliance with noise standards. No structural changes are allowed. The addition of the fire resistant walls by adding gypsum board and venting are not structural changes. DEC standards allow the exterior washing of up to eight trucks per week if waste water is contained on site and biodegradable soap in used. The Schmidts have agreed to by abide b those Stan dards Schrnidtys Sanitary Service is permitted to continue to operate under the non- conforming use provisions of . the ,City code any approvals con that have been granted. Case law indicates that intensification of a i n site is permitted but the area of use cannot be expanded. 1 5 Sw NCI! ivd,j Ti ord ' ala 7 (503j 6 9� '171 i`f f7 tSQ3) - ,Yd We acknowledge that non - conforming uses of this nature will probably never be totally compatible with the nearby residential uses that came afterwards. However we that our efforts will improve the circumstances that have existed at this site, i e hope My offer still stands to meet with you and your neighbors. I am more than i n w�llong to meet any time that is convenient to you and fits with my schedule, Monday and Wednesday evenings work best for me. Sincerely, Jame f. s N.P. Hendryx Community Development Director is curpinklic:klmaingsch.leit ct Jim Wolf Dick Bewersdorff Planning correspondence file age 2 of Mzy 14, 1996 Larry Schmidt Schmidt's Sanitary Service 8325 SW Ross Street Tigard, OR 97224 Dear Mr. Schmidt: CflYOF TIGARDA OREGON This is to follow up from our meeting on March 11, 1996 ..with you and your attorney Ed Sullivan. We discussed the City's letter of February 21, 1996, which .. outlined what the City considered to be violations or potential violations of the city code relating to your non - conforming use. The City's position is as follows: The City recognized the use of the eastern most building as a repair shop in its approval of SOR 89 -22NAR 89 -28 in 1989. The property has served as a sanitary service since 1949. The building permit issued for the structure utilized for shop purposes was originally granted for a storage building, which is a M1 occupancy. To conform to building code requirements for repair of your vehicles, the building must be upgraded to comply with B1 occupancy requirements. If you continue welding in the shop, you will need to comply with H4 occupancy requirements. No structural improvements are allowed for non - conforming uses. The Tigard Municipal Code Section 18.132.050 allows for repairs and maintenance to non- conforming portions and specifically provides that conforrnin structures or ortions of siruc�tures .. restoring buildings to safe condition is pem•iitted.' This is not strengthening and recta rin such bull on-c repairs p withstanding the fact that the use can ben non-conforming. .. These re sirs do not constitute any authorization by the City to expand the non - conforming use in a manner which would not conform to the code. David Scott, the Ci ty Building g Official, indicates the following non - structure! improvements must be made to conform to the building code: in (Note: if plans are submitted after 4/1/96; this (3 ar S3 ccu anc� No Welding. will be a S3 occupancy under the new code. East wall of 1-hour firs resistive construction with no openings and a ''parapet extending to a height level with the roof at 20. - 0 from the property line. North wall of 1-flour fie- resistive construction ..r � '` ` `` ri wlth no openings and a parapet 30" high. 3 '2 `'uv ;loll lvc ;; i rcrd OR 9 223 �5 3� � -11 1 11D :80.81.4..84t2772 Page i of • Natural ventilation consisting of exterior openings with an openable area not less. than 1/20 of the floor area of the budding or mechanical ventilation, supplying a minimum of five (5) cubic feet per minute of outside air per occupant, with a total, circulated air of not less than 15 cubic feet per minute, per occupant. Based upon one (1) occupant for ever/ 200 square feet (code for garages) you would have five (5) occupants. Note. For a S3 occupancy, the mechanical ventilation may be omitted when the building official determines that the budding is provided with unobstructed (not able to be closed) openings to the outer air which are sufficient to ra i p vide the necessary ventilation. This exception is not available for the B1 occupancy because of the lubrication pit, but is only available beginning 4/1/96 for the new S3 occupancy classification. You may have difficulty using unobstructed or other openings for ventilation due to noise requirements If you use Class T flammable liquids (such as gasoline, lacquer thinner, turpentine, kerosene solvents and mineral spirits) you will need exhaust ventilation sufficient to produce six (6) air changes per hour taken from a point at, or near, the floor level. ,L g - Welding allowed. • East wail of 2 -hour fire- resistive construction with no openings and parapet et as above. P P e. • North wail of 2 -hour fire-resistive construction with no openings and ara et as above. p Mechanical ventilation exhausting a minimum of one 9 (1) cub' C � is foot per minute, per square foot of floor area, including an exhaust pipe duct extending to the outside of the building which if over 10 feet in length, mechanically exhausts 300 cubic feet per minute. Unobstructed, well- distributed openings to the outside air may be approved by the building official in -lieu of the mechanical system. Noise would still be a factor, r Upon submittal c plans, our plans examiner {' i w Jim f =unk, will review the details of the p �t`'iiner proposed d construction and return any plan review comments The City has documented noise violations exceed e i t G; e� the city adopted D(=O standards. It is our understanding that you agree to comply with those standards and r have taken steps to ensure compliance. The City will continue to monitor usage to ensure compliance and is prepared to issue citations for any further such violations Whuo qe 2 :O There is concern about pumping of water from the sump in the repair facility. If oil or a similar substance other than water is pumped into a public system, an aillwater separator must be installed. The requirements of DEQ and the EPA may apply to the activity related to the pumping of the sump in this particular case. Truck washing must comply with DEQ standards. This allows u washes . per week week ,as Ionq as the woste' w. Ater os confi p to eight (8) exterior biodegradable soap. ned to the property and utilises As discussed, no expansion of this non - conforming use will be allowed. conform to the a use must approvals previously granted by the City he the Ci and to the nature and ant of the non-conforming status of 1989 when the Ci. rendered its ex decision. This allows s Qf the use as City s va>l�ance activity levels p the site but beyond the 1989 p continued operation at th no expansion If there are any questions, please feel free to contact me. Sincerely, /2/ oos James N.F. Hendlyx Community Development Director • Ed Sullivan David Scott Dick Bewersdorff Pam Beery Sill Monahan 1;',cUrpinIdick1schr dti`.let pale 3 of 8 Larry Schmidt Schmidt's Sanitary Service 8325 SW Ross Street Tigard, OR 97224 The City of Tigard has received complaints regarding the operation n ref your Sanitary Service at the Ross Street location. Because of the cornpiarnts, the City vas obliged to investigate the nature of the complaints. The following has been determined. Based on two visits by the City's Code Enforcement Officer, noise standards are being violated. This is caused trucks idling greater ` than five minutes and the use of air tools e ed b tru t als near the east. property line exceeding the 55 decibel limit required by City code. These violations must cease and desist or the City will be fov,„,� , .; to cite your operation into Municipal Court, Violations . are subject to a $250 per day . is take ! reading �' ` e for each offense The City is prepared to continue to take noise readin a ry additional violations. We would therefore 9 t whatever r tunes necessary to document a,dditio , hope you immediate and permanent action to remedy the o e ghat c�u will take noise violations: The building rater the east property line was granted a building permit as a storage building in August, 1 9836 The permit was for an M -1 occupancy. Repair of vehicles urlding in ` requires a 8 -1 or 8 -2 occupancy. An H-4 occupancy is required if welding Community orequipment n' is done. According to the Ci.....,Develo Development Code housing a nonconforming a p de Chapter 18.132, a g g Use (repair in this case) cannot be structurally altered reconstructed, or moved except to permit a use allowed in the zone. As you know, anitary Service operation is a nonconforming s Y tl7eS n oast properly line must conform to the Buildin use Use of the building the 9 Code. You may be, able to ' alter the ding to conform to B -1 or B -2 occupant bu. . Y requirements without. structural alterations. the you to to �I+te City Building Code, ou would not be able to alter the building to meet According �o H-4 occupancy requirements without making structural alterations which are not allowed. If toe building cannot conform to the Building Code requirements, repair operations must cease and desist or the City will again be forced cite you n Municipal Court. The building may continue to be used for _ to cite for the storage purposes nor which it was designed. i„3125 S1V\ In addition, it has been alleged that trucks are washed at this site You are advised that it is a violation of the Plumbing Code and Unified Sewerage Agency requirements to wash down such vehicles without an oii/water separator. Washing of trucks must cease and desist until such a separator can be installed. This installation would require permits from all appropriate agencies and may constitute an unlawful expansion of your nonconforming use. The City is also concerned about the apparent expansion of the nonconforming use. A July 25, 1989 letter to the City, s+gned by you and John R. Schmidt, indicated there were five trucks in operation, a 30 yard drop box for newspaper storage, a 30 yard drop box for corrugated cardboard, a recycling trailer, and six drop boxes stored at any time in the yard. Numbers greater than the above would constitute an expansion of a nonconforming use and would also be subject to citation, since expansions of nonconforming uses are not allowed under the Tigard Community Development Code. The City hopes to avoid the citation process but is fully prepared to proceed. The City would appreciate your timely response to the issues listed above. If we do not receive a response in two weeks from the date of this letter, the City will proceed with the citation process. Please feel free to contact me at your convenience Sincerely, /James N.P. Hendryx Community ini Development Iopment'Director i:rcUfpinldicklscr mdUet Pamela Beery, City Attorney Planning Correspondence File COUNCIL AGEY, i ITEM NO. MEMORANDUM TO Ed Murphy, Community Development Dept Director FROM RE: Keith Liden, Senior Planner Schmidt' s Sanitary Service Case Nos. SDR 89 -22/V 89 -26 DATE: December 2., 1990 and SDR 90-23 At t he December 10, 1990 Cit y Council. meeting, Marilyn Bauer and Debbie Mangold appeared during the visitors agenda to express concerns about the Schmidt's Sanitary Service operation located at 8325 S.W. Ross Street. The Council directed staff to prepare a report for the January 15, 1991 Council meeting summarizing the issues and events 'relevant to this business. The following outline and attached exhibits summarize the events Prompted Marilyn Bauer Debbie p y uer �,nd; Debb that, have occur. d and befapparently r the ouncil . This is followed by a response tre regarding appear the concerns raised by these individuals. P_ y' SUMMARY General Backgroouno Schmidt's Sanitary Service was established on the property in ,1949 • time. The Schmidt and has been �.n continuous operation were ,since into the City on era•�i property and parcels to the March 15, 1967 (Ordinance No. 67 -20). Properties to the east and, ' . was _ ! .. i't�Tashin ton' County y prior to a nexation and not permitted ins the residential zone that prior applied by thc�, City p , it .. confo mino ' . uses are allowed to continue provided nthey do not use. Such expand. Followin annexati City did not monitor the activities com laints werefiled, g on the C •the Schmidt property .and to any knowledge, no p regarding the operation In 1983, a permit was granted for a new, 1;� 000 square foot shop buildi g for the Purpose of mA .. .airing ,the trucks This permit was issued when there wag, nno limi the trio p ctu.res in residential zones, however, the Pla s ing D v s ion should have be ` , Plann `ng � en notified because it constituted an ex p ansaon o nonconf orming' use, Sipe Development Review/yarance Application The planning Division began receiving complaints about the operation in the spring of 1989. Following conversations and r. w , • correspondence between the neighbor to the east (Bauer), Schmidt's, the Planning .on, it was agreed that Schmidt's would �.n Division submit an application for a Site Development Review and Variance to expand the nonconforming use and improve the buffering between the business and the neighborhood. During the , review of the application (SDR 89 -22/V 89-28, see g .gyp ( Exhibit A) in the summer of 1989, a site plan for the business and conditions of approval were reviewed by the Bauers, Schmidts, NPO o nd the staff. Following an agreement in principle, ' decision was issued for approval of p p • the Director's the application subject to j the approved site plan and conditions of approval. Notice of the decision was sent to property owners within 250 feet of the property, inc i ,ding the Bauers. No appeals were filed. During the months the conditions of fuel tanks were Request to that followed, the Schmidt's proceeded to meet approval following the approved site plan. The required to be removed by October, 1990. the Fuel Tanks retaining , underground Schmidt discussed the possibility of _ r In mid-September, 1990 Larry the under roun fuel tanks that were required to be removed by October, 1990. He was advised by the Planning staff that he would have to submit a new Site Development Review application to revise this requirement. This application (Site Development Review SDR 90-23) was received in mid-October and a Director's decision (see Exhibit B) to deny the request was _ issued on December 6, 1990. The decision required the removal of all g the property and required that any new tanks have a minimum setback of 100 feet from all property boundaries. underground p r P p Y undar�::es . in 18.104.040 F. permits Commu�a.t bevelo men�G zoning districts. 8 10.040 underground tanks in all g_ Fuel r chmidton December emoved the three underground fuel tanks . On a sita visit . the antis were empty and on the ground behind the front fence. D The ` appeared to be new and a pp nd in excellent condition. 1990 of DEQ indicated to the staff on December 27, 19Pollack ree Pollack that the tanks taken which showed a minimal amount of soil contamination had which was well below DEQ's most stringent standard and therefore o cu�.re no clean... -up work was riecessar,Y. He said that a minimal amount of surface contamination had occurred due to fuel spillage properly r . �g soil of soil. The Schmidt s are re ired' to submit a soil t t at rep but that the Schmidts were treating this small . to DE, . � � � reagent report 'O for its final review (' Exhibit C). b.� STAFF RESPONSE The issues raised by Mrs. Mangold and Mrs. Bauer pertained to the fuel tanks and the expansion of the business. Fuel Tanks The fuel tanks were order • 1 to be removed in the most recent Site Development Revior decision (SDR 90 - -23) The Schmidts have removed them and DEQ has confirmed that all pertinent regulations and standards are in the process of being satisfied. If the concern is based upon the possibility that a new tank could be installed on the property, Section 18.104.040 F. of the Community Development Code allows the installation of underground fuel tanks in all zoning districts. The Schmidts are entitled by the Code to have an underground fuel tank. The recent Director's decision (SDR 90-23) required the removal of the existing three tanks because of the compatibility problems caused by their location near the eastern property line. The 100 foot setback requirement for any future tanks is designed' to prevent a recurrence of this compatibility issue. Business Expansion The staff indicated to the Bauers and the Schmidts that because some expansion p ansion had occurred issue: sinceannexation, there were two possible options for resolving this ssue 1. Have the City enforce the Code provisions for nonconforming uses and attempt to reduce the magnitude and location of the business on the property to what it was at the time of annexation. The City would not have the authority to force the closure of the business. Grant a site p dEVelr� merit review and variance to allow a ' rearrangement and minor expansion of the business with the intent of addressing the compatibility issues which had been identified. The f irst Director's decision (SDR 89 -22/V 89-26) included the granting of a variance to expand the business When the Code does not permit the expansion of a nonconforming use. A number of conditions of approval were applied which included the provision of solid wood fencing between 6 and 8 feet in height to provide screening and the redevelopment of the use to comply with a site plan the had been reviewed in advance by the Schmidt's and Bauer's prior to the release of the Director's decision. Thee e10 location the extent of the expansion by identifying the decision specific areas ' _ d f of various • �►rhich could be used ec � s of the business . pp .. h i rately ees or p `.. ex.. ansion in terms .of _nu numbers of p because 1) measuring �,. p �`atel taken t ) This a roao h Was el�be containers, the size of equipment etc. is difficult to quantify-and 2) the primary complaint the Bauers had related to the close . proximity of the business to their property. The identification of specific locations for truck and equipment storage, employee parking, fencing, and driveways was intended to move the business y away p p- y boundary in a manner where, activit awa from the eastern ro art bounds compliance with conditions of approval can be easily determined. The staff has visited the Schmidt property several times during the past year and with the exception . of one container that was in the wrong location, has always found it to be in compliance with the conditions of approval. CITY OF TIGARD NOTICE OF DECISION Sc/4IDT' S SANITARY SERVICE SITE DEVELOPMENT REVIEW SDR ' 89 -22 AND VARIANCE V 89-28 APPLICATION: Request for Site Development Review approval to allow the e ansion and relocation of a nonconforming sanitary service noraconformi ice `business. Zone R--4.5 (Residential 4.5 units per acre) Location:: 8325 SW Ross Street (WCTM 2S1 12CB, tax lot 9 00)o DECISION: Notice is herby given that the Community Development Director's g the above described application subject to certain designee nee Iaas P�PP�R.OV'�D th co�ndit ions listed on pages 4 and 5 of this report. The findings, and conclusions on which the decision is based are noted below. A . FINDING OF FACT 1. Background Schmidt 's Sanitary Service, which occupies the site, has been operation since 1949. The company has a franchise agreement with the City to operate a sanitary service.. The six acre Property is the result of a minor land partition which was approved in 1979 (File No. MLP 2--79) The ;northern Parcel . created by this partition was later developed as LaMancha Estates subdivision. over the years, the business has expanded slightly and' recently complaints have been received Pertaining o its o erat,ion. is present, . zoning does not allow YP p and therefore, le � conss.d red' as g The a business o£ `this t e a . nonconforming urea The Tigard Community Develo ent Code does o' p relocation Pm pp n t allow for a ansion or relocation of such uses. This application has ,has1 been submitted in an attempt to address the concerns that have been raised relating to this operation. 2 Vicinity Information zoned R-4.5. Property to the south is s toned R-7 north, a west are �o residential subdivision (Residential 7 units peg; acre) . A single family subdivision lies to the abuts the property s' second s p perty on the north and a g west on the o o ide of Hall Boulevard. Small acrea.�e homesites and vacant parcels are situated to the south and east. gall' street. erd is classified as a arterial street and Ross Street is a local 3. Site Information and Proposal Descripti.on The six acre site contains a house, shop, garage, and trio barns` in the southeast corner of the property. The shop building and the two barns have setbacks ranging from five to ten feat from the eaStern property c li ne. S abT S s�rIT� tY sidRVICE (SDR 8 3-22/i 89...28) PAG8 NOTICE OF DECISION The pp proposing g way the a iicant is xyro oax.n� the following amendments to the w existing site is being used:: aw. A gravel employee " parking area will be provided along the eastern property boundary using the existing solid wood fence for screening. b. The storage area for drop boxes, contai ers, and recycling and part of the operation will be moved from the east to a new area immediately north of the existing residence. c, An eight foot, solid wood fence shall be constructed around the new storage /operations area and additional fencing will be provided along the eastern' property line to match the existing fence. A new pole building will be constructed to the northeast of the g to six trucks. existing house to accommodate five t • A new driveway will be installed to the west of the existing residence to provide improved access to the new operations area. The fuel tank near the eastern property line shall be w decommissioned in accordance with DEQ regui.ations by October, 1990. A relocation ce has been requested to allow t he moderate expansion and ex 'P of the sanitary service business on the property', and also to allow for gravel irfacing of the parking and driveway, areas. 4.` Agency and NPO Comments The Engineer Division has the following comments a • The sate fronts on SW Ross •Street, a local street with an existing 40 foot wide right -of -wadi but recjuir .ng a 50 foot right -of -.way. b. SW Ross Street drains' to a depressio%i'.on the north side of the street; east of the site. Improving the street wil'1 require providing drainage that . cazinot be accomplished with improve e to real g nthe � , frontage of this site. Burthermore, them is a propos g et along g 9 i � se StrE,et lyr the Ross Stre on of street�im� rov r�,�nts� albn � the Ro Cozisecuentfrontage constxructz p p ;r is net presently ;feasible and a future irr� rovement arancee e_ will: b required • The west,.. p Hall Boulevard and is ern Portion of the site fronts on 5W g�a ex p ected ... t o remain vacant cant u n il developed as a r esi dential subdivision, Street � p xo ements should be constructed along the SW Hall Boulevard frontage u n future development of the s ite. _ o5..: ' TRY SERVICE (SDR 89+ -22/V 89-28) PAGE 2 IdQTIC Q� DECISION �T 5 SANITARY . SW Hall Boulevard is an arterial street requiring a right -of --way of 45 feet from centerline. The existing right -of -way of 30 feet from centerline should be widened to the full width upon future subdivision of the site. State Plumbing Specialty Code requires drainage from roofs and pavement areas to a public stormwater drainage system or an on site system designed to prevent runoff on the adjacent property. A public system is not available so on site disposal should be required. The proposed parking area and driveway will not require on site disposal unless paving is required. The proposed i.. m P rovements will not require additional public Sanitary sewer improvements The Building DiviSion indicates that building permits will, be required for the new structures including the eight foot fence. The Tualatin Valley Fire and Rescue; Department indicates that hydrant protection, access, and building design shall comply with Uniform Building and Fire Codes. Detailed plans shall be submitted to the department for review and approval. Portland General Electric, General Telephone, and the Tigard Water District have no objections to the proposal. NPO 5 has no objection to the request. However, it is noted that endorsement of this project is primarily dependent upon the willingness of y " Schmidt's Sanitary Service to thoroughly comply with all criterion affecting their business expansion.; The NPO believes that special emphasis given to conditions outlined in the application addendum should the Condit Dula be a.ven �.c dated August 31, 1989. No other comments were received. ANALYSIS' AND CONCLUSION The proposal is consistent with Community Development Code standards for ` g `ght, lot coverage, landscaped area, parking area, building setbacks and Frei i discussion is warranted relating vision : clearance, and access. Additional est sn e req for relocating a nonconforming use t and f for tank one vary ` providing g 9 P LL r g 5 and gravel cr the aLk�n /stora a area driveways. . Fuel Tank ns have been adopted by the Oreg tncn eof r new tfuof New regulations g �y, . u rading of eistin . g late the installation of tanks ��;as trial pg n al � ualit why. ch re u: well ' a�� the even g der round fuel nv�.ronme underground ATERVI , --2g) PAGE 3 yDT'SS�I�pIRyS � l�'T]CcR OF UBCTS7IO1� " �= S�A � � SUN 89-�2� �1 1�3 •a tanks. The new regulations will require . that Schmidt's Sanitary Service provide evidence of financal responsibility in the event of any spill or contamination caused by the fuel tank. The applicant has indicated that in order to comply with this regulation, ta: fuel tanks will be removed by the October, 1990 deadline. Variance Request Criteria for granting a variance In order to grant variance, must be shown that the proposal ant a variaxa�e it does not conflict with policies and standards in the Comprehensive Plan or other applicable standards, that special circumstances exist which are pecular to the property, that the proposed use will be the same as what is permitted by the zone and that the Code will be maintained to the greatest extent possible, that there will be no adverse affect on existing physical and natural systems, that the hardship is not self imposed, and that the variance requested is the minimum variance which would eleviate the hardship., Expansion/relocation of a nonconforming use Schmidt's Sanitary Service is presently allowed as a nonconforming use because since it is was legally established and the zoning regulations subsequently were changed to no longer permit the use. Chapter 18.132 of the Code permits such uses to be continued but it prohibits their expansion. During the ,past several years a number of improvements have been made in the southeast corner of the property which have caused conflicts with the adjoining residential uses. The proposed relocation of the majority of the operation, along with a minor expansion to allow vehicles to be parked inside, represents an effort on behalf of the applicant to achieve greater overall compliance with the Code especially in relation to setback area and buffering standards. The existing and additional site- obscuring fencing and the new pole building will act to reduce the visibility of the business as well as noise that : is created from the operation: This modification is the minimum variation from the Code that would still allow a reasonable continuation of the business and reduce the magnitude of the existing compatibility issues. It is the position of the staff that this represents an interim use which will eventually be replaced by residential development. Also, this is a one time adjustment and future expansion must be considered through the variance procedure as an expansion of a non - conforming use: NOTICE OF Dt C. IgirN SeitHaDx s sANITAkr 5ATtCH 'Obit �9� �a�v s g�� ) F�.i. t`r • Gravel parking and loading areas Givcn the special circumstances of this property and the particular use contemplated, the granting of a variance is a reasonable solution to this situation for several reasons. First, the property is designated for single family residential development and considering the size of the property and the relatively minor amount of existing development, it appears very likely that the ,property will be redeveloped in the future. Paving the site for a use that does not i,'epre.sent the ultimate development of the property would constitute a hardship. Second, the variance will not adversely affect the surrounding properties. Due to the location and proposed screening of the pr°P°sed gravel they not ~ � the slope view and will visually degrade the area. wAlso,e hidden slope of the property is gentle drainage will be easily contained. entlo and storm cl j y the gravel area will be used for the Third,` the majority of the of drop poxes, and containers and the amount of traffic will be minimal. The existing driveway is paved and the proposed driveway ap ron should be as w ell since it will become the primary entrance and exit to„ the site. • DECISION The Planning Director's designee APPROVES SDR 89-22/V89-26 subject to the following conditions: • Additional right -of -way shall be dedicated to the Public along the Spa Ross Street frontage to increase the right- of7way to twenty five (25) feet from the centerline.' The description shall be tied t existing' right -of -way centerline. The dedication document shall be o n ..a.t C " y fn instructions and nstructions are available. frap the Engineering Division. STAFF CONTACT:' John Hagman, Engineering Division (639. 4171). • An agreement shall be executed ` by the applicant, on forms provided by the City, which waives the property owner's right to oppose, or remonstrate against a future' Local Improvement District eigion, formed. to improve SW Rbss Street, STAFF COT�TACT:, Jon F Engineering Division (639-4171). The a pp p roof drainage by an on site a liCant shall Provide for system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639- 4171). The necessary building permits shall be obtained from the Building Inspection Division for the ` new pole building and any �' -g is ` STAFF CONTACT: Brad fencing that xs over 6 feet' in height. Roast, Building Division (5397-'4171)4 NOTICE OF DECISION BTr S 8AN tARY BBR'4 CE (SDA 89-22/V 89 -28) P*OE � p Ic49, 46 17#C0`4/ �,..v+.r•� Id., .. h.-.- A�..-..-+. A.,. �. �. 1.., �.. �n.•.. 4.. A+ �FN. I... u..�.+.Ll�.n'.1.4NWV�.14.:, -t.: w.#�:.r.. • The employee parking, outdoor storage area, solid wood fencing, pole building, and new driveway shall be installed as indicated on the submitted site plan by January 31, 1990. STAFF CONTACT: Keith Liden, Planning Division (639.4171) . The underground fuel tank shall be removed or decommissioned in accordance with state and federal requirements by October 31, 1990. STAFF CONTACT: Keith Liden, Planning Division (639-4171). A street opening permit shall be obtained from the Engineering Division prior to constructing the driveway described in Condition 5. above. The driveway apron shall be paved. STAFF CONTACT: John Hagman, Engineering Division (639-4171). . The area occupied by the business shall not expand beyond the areas shown on the a approved site plan that .was submitted as part of this application. pp tion. STAFF CONTACT: Keith Liden, Planning Division (639- 4171). PROCEDURE . Notice: Notice; was posted at City Hall and mailed to The applicant and owners Owners of record within the required distance __The affected Neighborhood Planning Organization Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with section 18.32.290(A) and section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd. ►► Tigard, ' Oregon. 6'i g`l a� a DNLESS AN Thee dea deadline for filing of an appeal is '3 :30 A r NOTICE OF DECXSI►D N SCHMIIbT r s SANITARY SERVICE (SbR 89 22/v e9-26 ) PACE 6 n• :* ' I .i,w,raal CITY OF TIGARD NOT,LCE OF DECISION SCHMIDT' S SANITARY SERVICE SITE , DEVELOPMENT REVIEW' SDR 90-23 APPLICA,TION Request, for Site Development Review approval to allow an amendment to the approved site plan for the expansion of a' g sanitary service business. Zone R-4.5 (Residential nonconfc�rm�.r� sa�Yi�.a 4.5 units per acre) Location: 8325 SW Ross Street (WCTM 251 12CB, tax lot 900). DECISION: Notice is hereby given that the Community Development . Director's designee has DENIED the above described . gbed application» The f indin s _ g and conclusions on which the decision is based. are noted be:low . • FINDING OF FACT 1. Background l Schmidt's Sanitary Service, which occupies the site, has been o eration since 1949. The company has a franchise ;- � agreement with the City to operate `a i sancta ry service. The, . p p _ y the result of a minor land partition six acre ro art is .. which was approved in . 1979 (File No. MLP 2-79) . The northern parcel created by this partition was later developed. as LaHancha Estates subdivision. Over the years , the business has expanded slightly and complaints have been received in recent years pertaining to its operation. The present zoning does not allodw�a business of this type and therefore, it is considered as a nonconforming use. The Tigard Community Development Code does not allow for expansion or relocation of such uses. business'' desire In order to address . thes nn was concerns submzt pp in attempt to to expand, an application submitted in an att the p. allow for a Modest `.enlargement of the area used for the business and address the compatibility issues that had been raised. This application (Site Development Review SDR 89 -22 and Variance V 89 -26) for expansion was approved subject conditions which delineated the areas that could be used for s, removal of various aspects of the b��zries,:� and required the g y� b7 the underground fuel tanks b .. ctober , 1990. 2. Vicinity Information Properties to the north, east, and west are zoned R-4.5 to the south is zoned R-7 (Residential 7 units per property t � � v lion abuts the acre), A single family residential subdivi NOTICE OF DECISION - SCHN. IDT (SDR _0-23) PAgE 1 )(ii/t3i a property on the north and a second subdivision lies to the went on the opposite side of Hall Boulevard. Small acreage homesites and vacant parcels are situated to the south and east. Hall Boulevard isH classified as a arterial street and. Ross Street is a local street. 3. Site Information and Proposal Description The six acre site contains a house, shop, garage, and two barns in, the southeast corner of the, Property. The shop g barns have 'setba�cks ranging from five ouildin aYa.u. the two ba to ten feet from the eastern property . line. A gravel employee parking area is located east of the house and a gravel storage area, screened by an eight foot fence , is north of the house. Three underground fuel tanks are. 'Situated south of the shop building near the eastern property line The applicant is regtxesting approval of an amendment to the Site Development Review and Variance (SDR 89-,22/V 89 -26) to g in. The applicant allow the under round fuel tanks to remain. indicates that the trucks for the business will no longer be fueled on the site and the tanks will, only to, be used for personal vehicles, including a, tractor that is operated on the property. State department of Environmental Quality (DE ()) records indicate that the underground fuel tanks contain diesel fuel (1,000 gallons) and gasoline ( 500 gallons and 474 gallons ) The status of the three; tanks changed to "unregulated" on hey are no ` longer, being used in . conjunction with the business and they are less than 1l-,he 1,100 g allon sire regulated b y DEQ, , Agency and NPO Comnte�ts Portland General Electric, General Telephone, Tualatin Valley Fire and Rescue Department, Engineering Departnnent, Buildin g Division, and Ti g a nd Water Distraet ha ve no objections to the proposal. reviewed the re est and concluded that the c:ircurstances had not changed and the 'NPO continued to support the enforcement the conditions of the pre vious decision, No other comments were received ANALYSIS AND CONCLUSION To grant the variance a allowing the expansion of NOTICE OF DECISION SCHMIDT (SDR 9 0-23 ) � PAGE 2 nY U nonconforming use, it was shown that the Proposal did not conflict with policies and standards in the Comprehensive Plan or other applicable standards, that special circumstances existed which were peculiar to the property, that the expanded nonconforming use would be accomplished in a manner that would be maintain the intent of the Community Development Code to the greatest extent Possible, that there would be no adverse affect on existing physical and natural systems, that the hardship was not self imposed, and that the variance requested was the minimum variance which would. alleviate the hardship. In order to meet these criteria, a number of conditions were agreed to by the applicant which were intended to mitigate the negative affect the expansion and continued operation of the business would have upon surrounding residential properties. Introduction. of screening, and movement of the business activit away from the site's Perimeter (including the fuel tanks) were instrumental in the City's determination that the variance was appropriate. The fuel tanks along the eastern property line were required to be removed because: a The fueling activity along the property line was having a detrimental abutting ent �Pa ct upon the residential property because of noise, exhaust fumes, and visual impact. b he fumes from the tank vents adversely affected t .g he neighbor to the eas t. c. It was known that the new DEQ regulations would require the eventual removal of the tanks (subsequently, the applicant found that they could be retained for personal used d. Concern was expressed that the tanks could potentially contaminate nearby wells' The retention of the tanks is inconsistent with the original variance approval because the adversei:mpacts ca used bY t%e • xce tion of the presence �of the tanks wall with the e p p elimination of the fueling activity t Schmidt's Sanitary c for r �chnnidt s 5 s a 'criti part of the variance " important that 'the, tanks were approval. ` It was a�mpor�an e Y� ova w Service., Their' rem , n �� : removed �. conjunction with moving portions of the operation to central sections of the site and, the provision of screening, Although they are to be used for privato vehicles, the number and capacity of the tanks are indiulb 4rial in nature a p y i •.p • , . and. the fumes, visual impact of the tank vents and the potential for contamination of residential wells will have NOTICE OF DECISION PAGE 3 a detrimental impact upon "physical and natural systems" as noted in the variance criteria above. Also, there is no apparent hardship caused by meeting the original condition of approval to remove tanks that can no longer be used for the business. . DECISION The Planning Director's designee DENIES SDR 90-23 and the conditions of approval for SDR 89 -22/V 89-26 shall remain in effect with the exception that condition 6. calif the decision shall be amended as set forth below: I 6. All existing underground fuel tanks shall be removed or decommissioned in accordance with state and federal requirements by January 18, 1991. Any new fuel tanks shall be located a minimum of 100 feet from all property boundaries and shall conform to all applicable l regulations. -y fire district, state, federal - i.�an `539- C�_t, fire da.str�.ct state � and CONTACT: Keith Liden, Planning Division 4171) PROCEDURE I 'Notice: posted � e: Notice Was osted at City Hall and mailed to: L.� The applicant and owners -° Owners of record within the required distance The affected Neighborhood Planning Organization Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON la J'. UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given Appeal forms available sent. A eat fee SCheci�.le and corms are available at Tigard City Hall, 13125 SW Hall Blvd. , Tigard Oregon. The deadline for filing of an appeal is 3 :30 p.m. -=- I NOTICE OF SCHMIDT (SDR 90--23 PALL 4 Questions. If you have questions, please call C3.ty of . Tigard Planning Department, City of Tigard, City -,a11, 13125 SW Hall Blvd., Tigard, Oregon. . 0 4 v -. . d9..., NEII. G04DSCI1MIOT Gi)VUINC/N Department of Environs entail Quality 811 SW SIXTH AVENUE, PORTLAND, OREGON 97204- 1390 PHONE (503) 229 -5696' Mr. John Schmidt Schmidt Sanitary Service 8325 SW Ross Tigard, Oregon 97224 Dear Mr. Schmidt it li December 26, 19 9 0 Re: UST- Washington County Schmidt Sanitary File No 34-90-463 We have completed our review of your report, dated December 1990, concerning the contaminated soil cleanup conducted at Your facility located at 8325 SW Ross in Tigard, Oregon. Since this information indicates that the cleanup has met our requirements, no further actions other than soil aeration are required for the site 14, Once the soils undergoing treatment have met our criteria, a report must be .submitted.' The report must document the final disposal location of the soil and include representative soil sample analytical results. Our final review of the site will be conducted when the soil treatment report is received. If soil aeration is not complete within three months, quarterly letter reports must be submitted to the Department updating us on the progress of the aeration. The quarterly reports must p aeration and describe your detail steps taken to enhance the. aer� observations concerning the degree of contamination remaining. It should also contain the results of any soil: sampling Conducted. 'unless aeration is completed, earlier, the first soil aeration 1 If yo have any questions report willtbisainatterCh please me atu � 03 229 6921. concerning h matter, p ( ) cc: Ecb UsT Cleanup 5ec.t ion Sincerely, L ().c",-,L! Andree Pollock LIST Cleanup Specialist Noithwest Region >0411311 () /(\ 'bEC 2 1990 t1j'OF l loll 6 :30 P.M. STUDY SESSION (6:30 p.m.) AGENDA CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. 7 :30 1, BUSINESS MEETING (7 :30 p.m.) 1.1 Oaths of Office - Municipal Court Judge Anthony Pelay, Jr. Terms of Office: January 1, 1991 - December 31, 1994 Mayor Jerry Edwards - Councilor Carolyn Eadon - Councilor John Schwartz 7:50 7:55 8. DISCUSSION ITEM d SCHMIDT SANITARY SERVICE Nc►rlt, ®ritorrrng use underground storage tanks.) Staff Repo r! Community Development 1 ,2 Call to Order 1.3 Roll Call 1.4 Pledge of Allegiance 1.5 Election of Council President 1.6 Call to Council and Staff for Non-Agenda Items CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion, Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 2,1 Approve City Council Minutes: December 10 and 1990 2.2 „Receive and File: Council Calendar 8:10 4. VISITOR'S AGENDA (Two Minutes or Less, Please) CITY C®UN'CTL AGENDA c ANNtTh Y 15 y 199 . PA.GE 1 k. 8:20 5. STATE OF THE CITY ADDRESS Mayor Edwards 8.85 6 EXECUTIVE SUMMARY City Administrator Reilly 8:45 7. EMPLOYEE SERVICE AWARDS 9s00 8. EMPLOYEES OF THE MONTH 1990 9:15 . SPECIAL RETIREMENT AWARD PRESENTATION RON ROYSE, TIGARD POLICE RESERVES 9 :25 10. NON- AGENDA ITEMS 9:50 11. EXECUTIVE SESSION: ' The Tigard City Council will go into Executive Session under the provisions of ORS 192.800 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. RECESS COUNCIL MEETING. RECEPTION FOR RECIPIENTS OF EMPLOYEE SERVICE AWARDS, EMPLOYEES OF THE MONTH, AND RETIRING POLICE RESERVE VOLUNTEER CITY COU NCIL AGENDA — JANUARY 15 1991 PACE 2 1 STUDY SESSION Discussion on IO etro's Regional Urban Growth Goals and Objectives Community nity Development Director facilitated Council discussion on Metro's proposed Regional Goals and Objectives. The Goals and Objectives document is a major policy document that may affect decisions on the Urban Growth Boundary, regional public investment strategies; land use patterns and i equv. ements and intergovernmental relations. The Regional Urban Growth Goals and Objectives (RUJGGO) document was released in August of 1990, he Re on a Policy Advisory tee and Technical after bung developed by Metro staff in conjunction with a Poli Advise Commit, Advisory Committee. It was in response to a directive from the Legislature to develop a set of land use planning goals and objectives fc$r t he purpose u of p rovidin g better coordination within the region. It was also seen as a necessary tool with which to manage + Growth Boundary. The Council ry e the 'Urban received a copy of the document at its September 10, 1990 workshop with the Planning Commission, at which Metro staff reviewed the process and the document. Community Development Director highlighted some of the issues surrounding process concerns. specific to Tigard included: Maintenance of local land use planning and regulatory control Maintenance of a voice in the development of regional plans and policies that affect our citizens �S' urban growth boundary (UGB) decisions Addition of certainty to orbs Reduction of level of urban development within UGB but outside City limits Designation as an activity center...get regional acceptance of City plans Enhancement of family wage jobs availability Reduction of congestion; increase "connectedness' and mobility 'Tigard elected officials and staff members' will attend a W ashin g ton Coun t y Pu l c Officials cials Caucus on Decexbex 13: Mr: Carlson; Metro Director for Planning and Development will'speak on RUGGO, Caucus discussion will focus on po tential outcomes of the study; ul timate authority of Metro; impacts of '. the identified goals and objectives; and the future of local 'land'use p' Aiming in the metropolitan area., COUNCIL MEETING RECAP --,DECEMBER 10, 1990 - PAGE 1 Library_ Board Work Session Library Board Chair Rio Debernardis comments are highlighted below: Complimented the Mayor and Council for their response and approach since voter approval of Ballot Measure 5. • Library has 70,000 units of items available for circulation. • Library has 145,000 visits per year. • Circulation count for last year: 282,000 • Sunday hours have been very successful • Commented on future technological changes. • Education network continues to grow. Possible satellite service needed in the near _ future; i.e., satellite station located at Washington Square Business community use will continue to expand • Tigard Board will continue to interact with the Washington County Cooperative Library Service (WCCLS)L • Tigard Board has reviewed their own • , g wn role and framework of their duties/responsibilities. censorship. p . �� on book/material censarshi Llbrari�,n Ertellnoted a recent promotion of "Banned Book was discussion "questionable" ,, Week So far, the process for reviewing questionable material has worked very well. Librarian Ertell gave a brief report on the Educational Services Program which has been well received and is growing. In addition, the Library is looking at a cooperative venture for an indoor park. +Chafe in jityt + change meeting Monday o Tuesday ay • CO f , evening on a six- month consensus was to char e the regular Council r�.eetin from t trial basis. This will begin in January with the first meeting of the year being January 15, 1990. Non- Agenda y dwards, on behalf of the entire Council, congratulated lated the Tigard and High h School Football Team on their 1990 State Champion status. Mayor attended an awards ceremony at the High School earlier in the week and presented the team with a Key to the City. Visitor's Agenda i ►e ble and Steve Mangold presented documentation and informed Councii of their roblems with a non- conforming `use occurring �in a residential area Schmidt Sanitary Service Operation is near the Man g olds property. The Marigold's contend that the non - conforming use has been allowed to expand with additional truc ks and storage of duo g p s tors over the years. There was a recent City decision to deny a request to keep underground storage tanks. Council consensus was direct staff to approvals prepare a report addres s. i n g the concerns with ith the he rowt f of the whether or not re q uired were received; what types � es al a ctnvnt y wa old be permitted in the future. Staff was further directed to mail a copy of this report to the Marigolds. COUNc L MEETING RECAP DECEMBER 10, 1990 - PAGE 2 • 1.4 Consent Aa The consent agenda was approved as follows: .1 Approve City Council Minutes. October 15 and 22, 1990 ,2 Receive and pile: Council Calendar .3 Local Contract Review Board: a. Bid Award for Durham. Road at 92nd Avenue Traffic Signal b. Bid Award for Summerlake Playground, Irrigation and Landscaping Public Hearing - Street Vacation for Portions of Ste'. 74th Avenue all The public hearing; was continued from October 8, 1990. Three persons testified concerning the proposed vacation. They expressed concerns about the sewer connection which would be accomplished through an easement in this area. Council consensus was that the vacation of the property would not affect whether or not a sewer line could be installed. Wording adding conditions to the easement was suggested by the City Attorney and included in the proposed Ordinance (90 -40) which was adopted by the City Council. Public } .earn berwood Inn - Si Code Exce tion SCE 90 -05. AR 90 -27 Appeal for Sherwood Inn The appellant requested this hearing be set over. Council continued the hearing to the January 22, 1990 meeting. Public Hearing Zoning Ordinance Amendment ZOA 90 -0002 Council reviewed proposed amendments to the Community Development Code, Ordinance No. 90 -41 was adopted by a 4 -1 vote. Councilor Johnson voted I No !I because of concerns with definitions of daycare, babysitting, etc. The Ordinance will be read a second time on December 17, 1990. Exeecitive Session The Council went into Executive Session Adjournment The meeting was adjourned at 9 :30 p.m ccr1210 COUNCIL MEEINO PECAP -. DECEMBER 10 ` l000 - PAGE 3` tsk w / DIZOL • QCZNAJ `'�`'@ �.. =�►�d Cdr.` Ar .:.u-.1 Tae._ Lltir nom.- ��i�y..+ �"' ►..1►...�r��+ �L�i... \�� >�'....L�� .�«�w�1'."`.`y- .. - -.-r c •- . . fel Za 1x.-14 ` � C'.. +G ►--� a d �.a `5.:._ C`�. '�C . e �� -: � � �.!�: a �.,......,..�.�+, m.. �..��►- of pt +� .. 5— — (CDS'APLA Ci--)cre°t"‘11.1-00- ett)-C*Fabu64 .. ..� .CYL. .. 1-1e. T _ .. D /c &L ►. ri • M T...... Jc .+sJ 0EE_Out Jiu 6114:.4Akte n- To LeT b r c. c) ttiLL .� G: l ._ ►T � °I6 TreeaumID,tteLat sr .►a...e- _ - • bl..... r.�s. Se toj _bag, . f: 1r � ' ! '1 C 1�:9 G"��•�'r� .:" '7 1 .1.-ft .d l Ta , i,cS ' a ! . U ? LL Q_. +—U —11E- -130\04 £Dtd J/o wAS K' - - r.e1�a nwryra. a,W� J+.Nl+wrvr Mr,r.:' rX. • J.h • 0 • a NEMORANDUM TO: Marilyn Bauer Debbie Mangold FROM: e .tlh Liden, Senior Planner RE: Site Development Review SDR 90 -23 Schmidt DATE: December 6, 1990 CITY OF TIG ^ "` D OREGON Attached is the City decision regarding the Schmidt's request to keeP the underground tanks The request. has been denied and the Schmidt's have the opportunity to appeal the decision to the Planning Commission- If appealed, this issue will probably be heard by the Commission on (January 22, 1991. The Community Development Code allows the, installation of ,underground fuel tanks in residential zones and you will note that the _revised condition 6. allows the ScYnmidts to install a new tank provided it is a miniillium of 100 feet from all property lines and all other applicable regulations for such tanks are satisfied. This setback requirement will place any future tank ti.z the wrest of the shop and accessory buildings near your property. I discussed your concern regarding the Schmidt's practice of washing trucks on the property With Andre Pollock of DEQ (phone 229 -6923) . His area of responsibility pertains to fuel tanks, but he felt that this activity was Probably in violation of DEQ or Unified Sewerage Agency (USA) �3 latl ons . He suggested that Lyle Christensen (phone 229-5295) or Wendy Anderson. (phone 229-5393) of activity is not regulated by the City and DEQ therefore tc.snot addressed in the decision. SDR90 - 23.LT°R/k1 13125 SW Hall Blvd, P0', Box 2339, Tigard Oregon 97223 (503) 639 -4171 CITY OF TIGARD NOTICE 'OF DECISION SCHMIDT' S SANITARY SERVICE SITE DEVELOPMENT REVIEW SDR 90 -23 APPLICATION: Request for Site Development an amendment to the approved site Plan nonconforming sanitary service business 4.5 units per acre) Location; 8325 SW I2CD, tax lot 900) . Review approval to allow for the expansion of a Zone R-4.5 (Residential Ross Street (WCTM 2S1 DECISION: Notice, is hereby given that the Community Development Director's designee has DENIED the above described application. The findings and conclusions on which the decision is based are noted below. A. FINDING OF FACT 1. Background Schmidt's Sanitary Service, which occupies the site, has been operation since 1949. The company has a franchise agreement with the City to operate a sanitary service. The six acre property is the result of a minor land partition which was a ...,roved in 1979 (File File No . 1 LP 2-79). The northern parcel created by this partition was later developed as LaMancha Estates subdivision. Over the years, the business has expanded slightly and complaints have been received in recent years pertaining to its operation. The Present zoning does net allow a business of this type and therefore, it is considered as a no nconforining use). The Tigard Community Development Code does not allow for expansion or relocation of such uses. In order to address these concerns and the business' desire to expand, an application was submitted in an attempt to allw for .. enlargeMent o y of the area used for the business and address the compatibility issues that had been raised. This application (Site development Review SDR 89 -22 and Variance V 89-26) for expansion was approved subject conditions which delineated the areas that could be used for N vax ious aspects of the business and required the removal of the underground fuel tanks by October, 1990. 2. Vicinity Information Properties to the north, east, and west are zoned R -4.5. Property to the south is zoned R--7 (Residential 7 units per acre) . A single family residential subdivision abuts the NOTICE OF DECISION - SCHmIDT (SDR 96-23) PAGE l nonconforming use, it was shown that the proposal did not conflict with policies and standards in the Comprehensive Plan or other applicable standards, that special circumstances existed which were peculiar to the ` property, that the expanded nonconforming use would be accomplished in a manner that would be maintain the intent of the Community Development Code to the greatest extent possible, that there would be no adverse affect on existing physical and natural systems, that the hardship was not self imposed, and that the variance requested was the minimum variance which would alleviate the hardship. In order to meet these criteria, a conditions were a number of condo. agreed to by the applicant which were intended to mitigate the negative affect the expansion and continued operation of the business would have upon surroun ding residential Properties. Introduction of screening, and movement of the . business activity away from the site's perimeter (including the fuel tanks) were instrumental in the City's determination that the variance was appropriate. The fuel tanks along the eastern property line were required to be removed because a The fueling activity along the property line was having a detrimental impact upon the abutting residential property because of noise, exhaust fumes, and visual impact. h The fumes from the tank vents adversely affected tha neighbor to the east c It was known that the new DEQ regulations would require the eventual removal of the tanks (subsequently, the applicant found that they could be retained for personal use). d Concern was expressed that the tanks potentially contaminate nearby wells N The retention of the tanks is inconsistent with the original variance approval because the adverse impacts caused by, the r tanks will remain with the exception of the Presence of the taxxlcs elimination of e a the fueling activity for Schmidt 's Sanitary Service. Their removal remoVal wes a critical part of the variance approval. It was important that the tanks were removed in re � g' conjunction with moviri.. .. portions of the operation to central sections of the site and the provision of screening. Although. they are to be used for a. private vate vehi cles , the number capacity the tanks s are industrial in nature and fumes, vi ua1 act of the tank v ehts , and the potential for contamination of resident ial wel ls will have NOTICE DECISION ..w 23) PAGE could Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd . , Tigard, Oregon. PREPARED BY: DATE Keith S. Liden , Senior Planner SDR9O -23/k1 NOTICE OF DECISION S DT ( OR 90 23 ) PAGE 5 `, 7% "i1/22 e7R,41ra09s- 11,3zs3 ieell7711e C2aZeilesPitisiel c?"-,,,?',41V0 .„5 /?ii, 21? 2 (7.91 jay snnfi li✓� �aa�i�� -��- � - Po%✓ X11 ��i 5y6/ �,H'.S�l/J /y,�3ff Tps - S�7r17�- 9.70- 26/9/11 z7- g-' 7176E $-975V /yam 56", ,Lec? "4/4.5' AT"' 6y7" /19 /S°1/izeieeW torz, eta/evee;,h.t.0 ")7407- /7.. • .7 NPO #5 ';MEETING ` NOVEMBER 14, 1990 CIVIC CENTER LUNCHROOM After a joint presentation on convened its regular meeting in Present were Chair Hopkins, Bieker, Hawley and MacKinnon were excused- Debbie Mangold, property owner in NPO property owner. the Solar Access Ordinance, NPO #5 the Civic Center ` lunchroom, Doty and Takahashi. Members Guests this evening were #5 and Dick Bauer, a former Minutes of the September and October monthly meetings were approved as circulated. New business: SDk 90-0023 Site Design Review /Schmidt This was an amendment request forl SDR '89 --0022 on which a previously decision had been rendered requiring the removal of underground fuel storage tanks. Applicant has changed designation of tank usage to residential and farm use only. Discussion: Ms. Mangold is an adjacent property owner who purchased her property from Mr. Bauer, a principal affected property owner in the previous decision. Her concern regarding the tanks1 were based on the proximity of the tanks' to her water supply (well) for her residence and the gas fumes which are vented close to her property. The NPO members present felt that nothing had, changed to arrant altering the preliious decision and the conditions imposed by the' city. We support the previous decision and advise the p contact the city planning department e art.es ` to con, znent and ask what factors would change the decision. Since this item was the only agenda item we had, we were able to' adjourn at 8:20 p.m. spectfu submitted, ki6/W (.1Ce Sharon Takahashi, Secretary fa Mi TaS , 14 i...Q \A /_l �..., ,l 5 �,`C"' -� �- ,..'1/�, , I — k _ ... VI. testy.....,. l k a °r t 4-0 c l ox � ' wir - -__- -- t D � s P0- 0- Ammelloi-iewris ,,ate ,g;;, °tom WS1..cip , - �.t" °SO& 5►s� .role lr,:� A �t. ► o. letr COAlid, ,____KVILA. , I cno kCLLL&fl � f t t.S)6 „,2•094/0P' • /17641e4V67eir. , , „AW #4;r4/a/..47:41?4‘1C 4�9�,�. 4-7,8/4 ;04/:*.as 420 72170-40e,-- /ai* 7M., .4/z. ,c ,..5 40 „efier- ,” ' .C.014&-a44e• Aef r eaiees ,�- 4°.&14,4 /0:04.0reeip7' ict2 e,a,4 ' u� *44 Aaa 4,00' 4,457ree-; • •s: • • TO: THE C I T. OF TIGARD FROM, CONCERNED CITIZENS r.. BENS QF TIGARD AS A RESIDENT OF THE CITY OF TIGARD I AM V THE NONCONFORMING VERY CONCERNED WITH USE OF 8325 SW ROSS AS A GARBAGE REFUSE DROP OFF IN A RESIDENTIAL AREA. THE CITY OF TIGARD HAS REQUIRED THAT UNDERSROUND DIESEL AND GAS TANKS WERE TO BE REMOVED BY OCT. 1990 AND I AM CONCERNED THAT THIS HAS NO BEEN DONE THE POSIILITY OF NOT A LEAKAGE OF DIESEL AND GAS INTO THE GROUND WATER SYSTEM IS A POTENTIAL A HAZARD IN A RESIDENTIAL AREA AND SHOULD BE ADDRESSED IMMEDIATELY! N. • G ►� �_, AMPS A4 7 1 rJ 6 r • P t. '' ' '''' '' . ' i,ft, ..... ( ........4., .....LE,..i., ':,..t.S.C.., '.4.2.:"J'''' ••■1 f'''.4 i 1.7:1\\ r, I(', (4...%.' C4 ' ' I 4 ( `. 1 0 :1 .": ./7r. ' , , I . ,/,' \ A / j..........-Li .............L ersi // k Z.' 7 . _._ , r 4,--.., . , ir, 4,, , 7. ., ,,,, , ...,/ tX -- ,-,,,,, .,/,, ,.,. , /09- ,-,-; ,, .., k« 1r yt. ,/ r L L. i l '—... 2 1 ` / � 1 % ( /'2 ' ' / r� 1 • ._. i . rr L✓' w "4 el C \ '7/ '. ,/ H..2.:_ j..............„....... e '-- -5.:4 LA j...`,4CN. /4;711t? 'i ' C ( ').1,) -Sri r R kl 1: (. '.14_ ..' 1 ekTY F LI tY 6 ' "'• I/ LA 111 611 O it....._..,Iir ._._........ r off- 1. 'r7,/1 `rte 7i (........„..,......____..Lt 94 Lt . ) ( L))\ a4,6 4 a" CL'.1- cl-I-E*2t4ss i 'i ,t_th: ,,_,J e , , et) gv ) ti i i , Cl_kr �t C, ) L 4 ( I _ f7( rt((,,e( i( .:.:;.2 /Tito() ) , , ._ . . - _ , C - i \ d .1% c:■ t t. i Jt ! ,'-.-'.--.----_:_l____,_" 4✓ '� fh / • uY TO: THE CITY OF TIGARD FROM: CONGERNE, CITIZENS OF TIGARD AS A RESIDENT OF THE CITY OF TIGARD I AM VERY CONCERNED WITH THE NONCONFORMING USE OF 8325 SW ROSS AS A GARBAGE REFUSE DROP OFF IN A RESIDENTIAL AREA THE CITY OF TIGARD HAS REQUIRED THAT UNDERGROUND DIESEL AND GAS TANKS WERE TO BE REMOVED BY OCT. 1990 AND I AM CONCERNED THAT THIS HAS NOT BEEN DONE. THE POSIBlLITY OF A LEAKAGE OF DIESEL AND GAS INTO THE GROUND WATER SYSTEM IS A POTENTIAL HAZARD IN A RESIDENTIAL AND SHOULD BE ADDRESS ENTIAL ETA IMMEDIATELY! r'Jb‘k 1 11 ; Q!► ,, .:_,.. ±KM► �� . '-�' - use fuos "-P4U1 v a-,.) nub ,1: r i e u l . \M oe-u mu, *31 Ink liNk AciLl Nktott LC) 14 PD S t q ' # s peraaw,s_m_Aoe'- (-4____C4)*04.ETZ t U I 0 Tevey r .. C . c). i i o,k-L Inl "u \ 1e .0 0. Date Johnson, owner of Mountain: Shadows bed- and - breakfast in King; City, says his guests like the per- antl it sonalized touches of B&B accom- modatiors; — such as the antique bed above. 4g a. iaburirs et his tngeIese •ns were solid WC we - t sake- , !laying an play- cbe cmbic at.:' and •l Big eating- ; on the •aG'° at the . they pre tovie {ways; o along ss y into ningso rbt•ro r m ° .Rae testra =We he flrs in yd :fothis is closets Sc was a. o ob- her •, her though, Wit :livered ten she rneufher nine (ob- ' %r the - Big .lance to .tills t 't}rite t East err this. he. Mt- it Safer- sysat- r,t1 So i.lay to col- By BONNIEDARVES Gloria Shaich: says she could book hundreds of gu ests annually in Washington County bed-and-breakfast establishments vat, -• , <r-" ,M� ;i ti i - ifshetuxi somewhere toputthem. 4 +�• ,� ' . 'i# ia" `� �. Starch, who owns Northwest Bed and Breakfast, the region's largest reservations, agency serving B&Bs- in Oregon, Washington andCalifomia-,says it`sa "slim pickins "- situation when callers specify a Washington County bed-and-breakfast (B &B) "Basically, there are only threw_ places I can puf, themK says Staictr_ '`And were - ,: °'•` �'...: �� - E ` - >� :.. -�� ,-_ .. starting to get more and, more calls from busincsspecple;.who are looking for some- `= _ thingdilberentfon tthebasichotel." f = L While: B&Bs are proliferating in other - r•,etropolitan areas and suburbs across the country, the Pacific Northwest boasts rela- tively few — aticastoutside fifths :coastal �d ' region: The county's cast of three B &B3 in- < elude& the Yankee Tinker, in Aloha, Math Lain Shadows, on Bull Mountain and `Laurel •• . Orchards. in Millsboro: The latter two are : actually: more of a homesta :' (residence of- j teringonlyone or two rooms on airregular rental basis). The appeal of B&Bs, from an owner- operator standpoint, are the opportunity for extra income especially for empty-, ,-itesters who might. othtzwise hsve to give c' &larger home —•and the entertaininescf - -, - `b - •% �•• vatne t irhel:ditota irro,^r Ixapb o Shfdows B &B', says he has enjoyed his en-- # F. counters with guestsinnthe eight years since- he opened. his home. "We've met people From all over — interesting people. Of come, it. s not for everyone; yore: vt got to - - � ;_ .' • � - , _ accept people where they aim Thereasonforthedcaah is that tine: B &B owners: who approach planning departments: in the area, don't .exactly find ,a ! -welcome mat _ • ; ., B& Ss= are not allowed in Tigard, whose city council has, adopted a.not-in- our -from - g yards attitude toward the establishments. Tigard Commt nity'DevelopnsehtDhec tr EdLMurphy: says the city-council con- ssidered aiIowing. B&Bs :a few years ago, Ste photos t:r„ Yens uyam:, 'buf thats tthe- idea wits 1101 well received- EYE OPENERS —Jan Wadleigh, who runs, the Yankee Tinker Bed and Break- 'Oar cut' c[vmcil: was; ccnceniod about. al- fast with her husband, . Ralph, says the profile of their-guests has changed in the io... g drat Salt 13E' act<vity iii tesidendal:- two years since they opened the B&B. `We're getting more businesspeople and areas &3cnphy. professionals-from in town and out-of-town: eavczton. allows lied- and - breakfasts, and homestays, but the criteria established , a few years ago when they tooled at a few decided three years ago to establish a Tor opening them are so stringent — and ' pro rties.tttey thought would be. ideal, but moratorium on B&Bs. ihecosts 'includingonatimefeesandhotel found area planning departments to be less Following a single incident in o of the to -see,, so prohibitive — that would -be viv, city's: two dozen bed- and-breakfasts — and operators are inclined. to look elsewhere- "When we found out him much Ted tape a number of heated public hearings,. According to Beaverton Toning Coot wed' have to 03 through, we gave up on the Portland decided to impose the moratorium dinator Jim Hendricks, B &Bs are allowed idea," says Sharon Balk- until bugs in the language of existing, only under. special !-united criteria, which. The. Folks ultimately went into partner. regulations could be worked out- prohibit residence remodeling and retail ship with other retirees, and opened a bed- The incident that fueled the moratorium sales and limit the number of guests-to five and - breakfast at the MOM although they involved complaints from a B&B owner's or fewer daily. would have preferred to remain closer to neighbors about parking problems the es- Lou and Sharon Polk, former Rutland- tablishment was creating on the street. . Washington County residents, say they con - Perhaps Washington County cities have At present, Ftirtland is developing a spe- sidcrcd :opening a Washington County B &B takes their cue iron Portland which dal revocable - permit meas. but the of- _ fending f- fending Iegislation has yet to be amended according to Terry Kupsick, coordinator el - Fbrtlard's hotel =program. While cities within Washington Count: appear to consider B&Bs too much iroul+l: to deal with from a code- and- legislatitu- standpoint at the least, or "can of worm ultimately, other nearby cities and counts, have found such establishments to be iris lively trouble -free — and even benciciat nom an economic standpoint- Yamhill County has a dozen B &Bs, with many having been established in the past three years. Dennis Egner, Newberg's planning director, says that city has developed thrc_ methods of qualifying B &Bs "We have methods and conditional use criteria that break up according to neigh- borhood density and number of rooms rented," says Egner- "It's worked out well_" Newberg requires a minimum of one off- straet parking space for each two guests and indirectly illuminated signs The cis} also limits the stay per guest to seven con secutive days (or lS its a 30 -day period): "This seems to prevent any potential rooming house situation," says Egncr. Newberg also looks favorably on B&B. as a source of tourism dollars and at prevent charges B&B owners no mom tax_ Yamhili's former planning director Lynil Steiger says that city war fairly supportive when the requests to establish teas start 'I{ Ing riming In. "There was mate recognition that B &Rc eottld alneast be considered an industry in themselves," says Steiger, who opened h: own bed- and - breakfast in 1983: looked atiackson County, which has mean six dozen B&Bs — and couldn't see : , reason not to give it a. try." Steiger believes the reason bed-and breakfasts haven't gotten off the ground in Washington County has nothing to do with demand and everything to do with the at titudes of city and county staff. "There's no reason Washington County. shouldn't have twice as many B &Bs a -: Yamhili County. You've, got the demand from businesspeople — we even get a fait amount of that here, in addition to 'wince. tra"fie," say& Steiger. "There's: a parochial attitude — muta. more conservatism in Washington CllttnIS land-use- planning t think a lot of stall people view B &Bs as inappropriate coin mercial lira of a residential structure. if ih process wasn't so stifling, I'm sure the would be many more bed- and - breakfasts i•: Washington County_ Shaich, Steiger andother bed- and- bre:ti fast owners suggest: that there may be an .•t tempt to keep the numbers lose to peeve, ' competition with established hotels in ii county_ Steiger says, however, that he a ,,c'. believe that's avalid th=e "B &Bs really don't compete with hotel People who stay in them are really Toole, for that interaction they get with the hosts," says Steiger. "Its a completely der ferent' market." a COMMUNITY DEVELOPMENT DEPARTMENT P.G. Box 23397, Tigard, Oregon 97223, (503) 639 -4175 13125 S.W. Hall Blvd., SW ROSS ST SUB: JOB ADDRESS: 8325 TAX `MAP /LOT LAND USE LOT SIZE: WORK CLASS: NEW USE TYPE: COMMERCIAL CONST. TYPE, VN OCCUP. GF:P.: B2 OCCUP.LOAD 8 NO. STORIES: 1 HEIGHT: 16 BASEMENT? NO MEZZANINE? NO FLOOR LOAD: 150 HEAT TYPE: PLAN CHECK BY jhi REMARKS: Pole bldg for Schmidt San. Svc MOON VALUATION: DWELL. UNI TS N0. BEDROOMS: NO.BATHS: TOTAL AREA: 1ST: 2ND: 3RD: BASEM' T GARAGE: TE ISSUED: 11/27/89 P r rm. ISSUED: 892.145 LT: BK: 9,000 SETBACKS FRONT: REAR: LEFT: RIGHT: EXT.WALL CONST: N: S: E � w W ~ PROT.OPENINGS N: S: 2.400 2400 ROOF C iJHST: A FIRE RET? YES AREA SEPAR? NO RATED: OCCUP.SEPAR? NO RATED: FIRE SPRKLR? NO ALARM? NO FLOW(GPM) DETECT? NO H1 CP. A .� I Gil Q CCE�S'� REISSUE OF NO. LAST REISSUE Schmidt John E. 8325 SW Ross Sig Tigard aR 97223 PHONE (503) 639 -2378 WOODS TOM ECONO FAB BUILDINGS PODox6205 Aloha OR 97005 PHONE (503) , 649-5454 REGISTRATION NO Econo. permit is issued subject to the�`regulations contained in Title 14 e TMC, State of Oregon Specialty Codes, zoning regulations all other applicable codes and ordinances, arid it is hereby • d that the work will be done in accordance with the plans and fications and in compliance with applicable codes and ances, The issuance of this permit does not Waive restricttVe ants. Contractor and subcontractors shall have current city, ess tax permits. This permit will expire and become null and f work is not started within 180 days, or if work is suspended or •oned for a period of 180 days any time after Work has enced, It shall be the responsibility of the permittee to assure • uir ` inspections areretluested and approved, 441 ttee ghature B FEES: PERMIT PLAN REVIEW FIRE DEPT STATE TAX OTHER DEVELOPMENT CHARGES: SDC(STO M) SDC(STREET) PDC (0 ) $74.50 $48.43 $,29.80 S3. 72 PREPAID C $78.23) TOTAL: $78.22 RECEIPT Na' REQUIRED INSPECTIONS SLAB FOOTING FRAMING ROOF 'NAIL INO SHEAR WALL FINAL SEPARATE w REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE ,"AB P'E R IV1I7'S REt�I� CflY of TIGAP OREGON October 29, 1990 Mr. Richard D. Bauer 8275 S.W. Ross Street eet Tigard, OR 97224 Dear Mr Bauer: Thank our ou for letter of October y �' der 5 reference SDR 89-28. 1 apologize for my delay in responding to you, but 1 have been . waiting for certain information about Schmidt's intentions. For your information, the City has monitored the status of the fuel tanks. de nks ond . Condition 6 of SDR 89-28 required that the tanks be remove] ioned by October 81st. Also, for your information, Mr. Schmidt submitted an application to amend SDR 89-22 last week and we are now researching the implications of his application on the deadline associated With the fuel tanks. As soon as 1 understand our options, p 1 will apprize you bY letter per Your request. Sincerer;,, a c:k J 4C 111 City A,dmi Ottrator FJR : c w cc Ed Murphy Ke .th Liden p ci®29 13125 SW Hall Blvd„ P.O. Box 23397,11 ard, Oregon 97223 r5n,'l1630 -4171 J. October 25, 1989 wry Schmidt 8325 S.W. Ross Street Tigard, OR 97224 RE: Underground fuel tame rile: SDR 89-22/v 89-28 Dear Larry;: CITYOF T4RD OREGON Mr. Bauer wrote a note indicating that there two underground fuel tanks near th e east side of your property rather than one as mentioned in the Director's. decision SBA 89-28)- The condition of approval requiring removal of the underground fuel tank (Condition No 6) will apply to all underground fuel tanks which are regulated by DEQ and /o2;. ;r; Please contact me if You have any guestic3ns regarding this point o clarification. Since ly, Keith S. Licxen Senior Planner a'✓' c : Richard Bauer LSdr /k:, 1 2 5 SW Mall Blvd.. . + Box 2339711adrd, Prins O7 ' ' li. .0410-1 .f F City of Tigard 13125 S.W. Hall P.O. Box 23397 Tigard, Or 97223 Dear Sir, SCHMIDT SANITARY SERVICE, 8325 SW ROSS 639 -237x' s INC. TIGARD, OREGON 97224 Oct 16, 1990 We ask that you consider amending SDR 89 -22 to retain fuel tanks. All r Main equ.� reltlents have been met under the orignal agreement. The purpose of keeping these in operation will b e for and farm use only. All commerciai vehicles will be fueled off of these premises. The above mentioned tanks are no e than five more years old - These tanks do not leak. The soil has been tested zn accordance with DEQ and the tests are compliance with standards. (See enclosure Thank you, Larry Schmidt Schmidt Sanitary Service, Inc 41• COFFEY LA66RATORIE s,INC. 12423 N.E. WHITAKER WAY PORTLAND, OR 97230 diCas Liam PHONE: (503) 254.1794 FAX: (503) 254.1452 October 9, 1990 Log // A900925 -.AD6 Schmidt Sani tart' Service 8325 SW Ross Street Portland, OR 97224 Attention: John & l,arry Schmidt Sample(a) Collected 9/24/9 Sample(a) Received: 9/25/9Q Analysis Requested: odifedt�j Petroleum Hydrocarbons 111 soil by m PA Method 418.1 SAMPLE ID SAMPLE RESULTS B1 NW Unleaded 1Q- 1 1 35 B1 NW Unleaded 5.5-6.5' 4 B2 Reg. 10-11.9' 9 B2 .Reg. 5.5_6.5' 7 B3 Diesel 10 -11.5' 21 83 Diesel 5.5 -- 6 . 5 ' 22 Detection Limit, 4 mg /kg Results expressed as mg /kg Unless otherwise noted. Si ereiy victor A. r • erry QUal i ty AsLUrance. RJ C/mlh Sinc rely, °nee Chauvin, Technical Director `This teporl' is for the sole and exclusive Use of the client: Samples are retained a .axiMUm of 15 days from the report dale w or Urit i l the Naximirs holding lime expires, CITY OF TIGARD NOTICE OF DECISION Ste, S SANITARY SERVICE SITE DEVELOPMENT REVIEW SDR 89 -22 AND VARIANCE V 89 -28 APPLICATION: Request for Site Development Review approval to allow the expansion and relocation of a nonconforming sanitary service business. Zone R-•4.5 (Residential 4.5 units per acre) Location: 8325 SW Ross Street (WCTM 281 1208, tax lot 900) . DECISION: Notice is herby given that the Community Development Director's designee has APPROVED the above described application subject to certain conditions listed on pages 4 and 5 of this report. The findings and conclusions on which the decision is based are noted below. . FINDING OF FACT • Background Schmidt, °s Sanitary Service, which occupies the site, has been operation since 1949. The company has agreement with the Cit to operate franchise a y potato a sanitary service. The six acre property is the result of a minor land partition which was approved in 1979 (File No. MLP 2 -79). The northern Parcel created b y thi s Partition was later eve o pe as L LaMancha Estates subdivision. Over the.yeara, the business has expanded slightly and recently complaints have been received pertaining to it s o peration.' The present zoning does not allow a business of this type and therefore, is it considered as nonconforming use. The Tigard Community DeveloPtent Code does not allow for, expansion or relocation of such uses. This application has been aubmi tted in an attempt to address the concerns that have been raised' relating to this operation. • Vicinity Information Properties to the north;, east, and west are zoned R --4.5. Property to the south is zoned R -7 'Residential 7 is per aoke . solo ) A single family' ` � uni ` p P y" on the a second ldential, subdivision abuts the ro ert a north and aubdiv.siori lie s to the we�it on the opposite, Side of �3all nou�lev _ and 5�sa11 Hall s a homesites and vacant t st. p ea steel$ 'are. si# -uated to the sau h and r Boulevard,. l street and Roas Street is a 9 �.s cla8e,�.f ied as a arter�.a local street. 3. Site lriforrnation and Pro osal es » F ll c��.pt�,ori The six acre site contains a house sho r P* garage, and two barns in the southeast cornet of the property., H.The. shop building and the two barns - g g f five to ten feet from the eastern ro rt line. hav P Pe Y e setbacks ran zn from five H F DECISTO1 SANITARY SERVICE (SDR 89 -22/v' 89 -28 ) PAGE ]: The applicant is proposing the following amendments to the way the existing site is being used: • A gravel employee parking area will be provided along the eastern property boundary using the existing solid wood fence for screening. The storage area for drop boxes, containers, and recycling and part of the operation will be moved frog th east to a new area immediate) north of the existing residence. • An eight foot, solid wood fence shall be constructed around the new storage /operations area and additional fencing will be, provided along the eastern' property line to match the existing fence. ▪ A new pole building will be constructed ` to the northeast of the existing house to accommodate five to six trucks. • A new driveway will be installed to the west of the existing residence to provide improved access to the new operations area. ▪ The'. fuel tank near the eastern property line shall be decommissioned in accordance with DEQ regulations by October, 1990. A variance has been requested to allow the moderate expansion and relocation of the sanitary service business on the property, and also to allow for grave]. surfacing of the parking and driveway areas. �. Agency and NPO Comments The Engineer • Division has the following OOmmeritagfi a, The site fronts on SW Roes Street, a local street with an a ,,cisting 40 boo t Wide right. -of. -way but requiring a 50 foot right f -o-way„ b.' SW Ross Street drains to a depression on the north side`of . p g t will require he street; east of 4-he site. Tm rovin the scree providing ina e i i p :p g dray. g that cannot be aocom liahe.d with aim rovementB along the' frontage Furthermore, there Hie a proposal to realign S'W g g he F,�ite e Consequently, the 1 case Street ; alnn the fronts e of t R unstruct on a street improvernents; along the SW Ross Street frontage reis qunoirt ed presently feasible and a, future ; improvement guarantee 'will • be • The western portion of the site fronts on 'SW Hall Doulerard and is expected to remain vacant until developed as a residential subdivision. Street improvements should be constructed along the SW' g - po re development of the site Hall Doi�levar�d fronts e u rx future ,„ DT►S S ( 2/'. �I` °� 471 I�T�I IC)N' � 1�fN2T�i, 5��13 ' SDI't 8g�-�c V 89-28) PAGR 2 l • SW Hall Boulevard is an arterial street requiring a right-of-way of 45 feet from centerline. The existing right -of -war of 30 feet from centerline should be widened to the full width upon future subdivision of the site State Plumbing Specialty Code requires drainage from roofs and pavement areas to a public stormwater drainage system or an on site system designed to, prevent runoff on the adjacent property. A public ite, disposal should be required. The system is Parking and �dr n � require an site pr po p g 'driveway will not r qu disposal unless paving is required. - The proposed improvements will not require additional ublic sanitary anitary sewer improvements. The Building Division indicates that building permits will be required for the new structures including the eight foot fence. The Tualatin Valley Fire and Rescue Department indicates that hydrant protection, access, and building design shall comply with Uniform Building and Fire codes. Detailed plans shall be submitted to the department for review ; and approval Portland General Electric, General Telephone, and the Tigard Water District have no objections to the proposal. NPO 5 ha qu est. However, it is noted that �, s no objection to the re this .project is primarily; dependent upon the wiliizrigness of Schmid ry endoi semerat +of thi t e Sanita Service to ` thoroughly comply with all criteria. affecting ng their business expansion. The NPO believes that special emphasis should be given to the conditions outlined in the application addendum dated August 31, 1989. No other corments were received. ANALL.4 4S AND CONCLUSION The proposal is consistent with COmmuna ty Development Code standards for building Setbacks and height, ilipt coverage, landscaped area, parking area, vision ' clearance, and ''- access. Additional discussion is warranted relating and the variance. r�e est for relocating a nonconforming to th�r fuel tank a � or use arid for providing gravel surfacing for the parking./storage area and driveways. . Fuel Tank NeW cJ ° by the Oregon Department of Dnvironmerital� Quality which , regulate the installation of new fuel tanks upgrading of existing underground fuel nkH ' as well as ' the eventual CE OF DECISION - SC DAI DT! S SANITARY SERVICE (SDR 89 -22/V 89-28 ) iiAGE 3 M a tanks. The new regulations will require that Schmidt's Sanitary Service . provide evidence of f inanoa]. responsibility in the event of any spill or contamination caused by the fuel tanks The applicant has indicated that in order to comply with this regulation, the fuel tanks will be removed by the October, 199!' deadline. Variance Request a Criteria for granting s. variance In order to grant a variance, it must be shown that the proposal does not conflict with Policies' and standards in the Comprehensive Plan or other applicable standards, that special circumstances exist which are ecular to the p property, that the proposed use will be the same as what is permitted by the zone and that the Code will be maintained to the greatest extent possible, that there will be no adverse affect on existing physical and natural systems, that the hardship is not self imposed, and that the variance requested is the minimum variance which would eleviate the hardship. b. Expansion /relocation of a nonconforming use Schmidt's Sanitary Service is presently allowed as `, a nonconforming use because since it is was legally established and the zoning regulations subsequently were changed to no longer permit the use. Chapter 18.132 of the Code permits such uses to be continued but it prohibits their During the past several ears a number of imcrcavemonts have been Y p n�, made in the southeast corner of the property, which have caused conflicts with the adjoining residential uses. The proposed relocation of the majority of the operation, along with a minor expansion to allow vehicles to be parked inside, represents an effort on behalf of the applicant to achieve greater overall compliance ode especially in relation to setback area and buffering standards The existing and additional site-obscuring fencin g and the new pole building will act to reduce the visibility of the business as well as noise that is created from the operation. This modification is the minimum variation from the Code that would still allow a reasonable continuation of , the business and reduce the magnitude of the existing compatibility _issues. It is po staff that this represents an interim use the sition of the st which will is eventually be replaced by `velopment. ecl b� residential development. this is a one time adjustment and future expansion must be considered through ` procedure as an eXparsiori of a rou h the 'variance rocedu non- conforming use. NOTICE OF DECISION ..» SC .IDT +S .ANITA SERVICE (SDR 89 -22/v` 89 -28) PA-tat 4 Ao , • Gravel parking and loading areas Given the special circumstances of this property and the particular use contemplated, ; the granting of a variance is a reasonable solution to this, situation for several reasons. First, the property is designated for single family residential development and considering the ` size of the property and the relatively minor amount of existing development, it appears very likely that the property .rift be redeveloped in the future. Paving the site for a use that does not represent the ultimate' development of the property would constitute a hardship. Second, the variance will not adversely affect the surrounding properties. Due to the location and proposed screening of the proposed gravel areas, they will be hidden from view and will not visually degrade the area. Also, the slope of the property is gentle and storm drainage will be easily contained. Third, the majority of the gravel area will be used for the storage_ of drop boxes and containers and the amount of traffic will be minimal. The existing drivewaY is paved and the proposed driveway apron should b e as well since it will become the primary entrance and exit to the site. • DECISION The Planning Director's designee APPROVES SDP ;;19 22/V89 -26 subject to the following conditions. 1.'. Additional right-of-way shall be dedicated to the Public along Street SW Rods Stre et frontage to increase the right -of -way! to the twenty five (25) feet from the centerline. The description shall be tied to the existing right -of -say centerline. The dB ication shall n City forms instructions are avail. abl e from the Engineering, 'Division.. STAFF PTAGT. John Hagman , Engineering Division (639 - 4171). . An agreement shall be executed by the applicant, on forms Provided by the City, which waives the property owner's right to pose or remonstrate against a future Local Improvement District P�' ` formed to improve Division (639,-4171). `P � � 'eiginn, Engineering Divs,s �� Voss Street. rTA�� Cik�TA,CT. ion The applicant shall prevent Provide' for roof drainage by an on site applicant runoff ! onto the adjacent property a ria STIFF CONTACT:' Brad Ro i ned to ast,� ' Duil.dng Division (63g- .41.i1 )6 system designed necessary building permits, shall be obtained from the Building Inspection Division for the new pole building and any fencing that is over 6 feet in height, STAFF CoNTAI T: Brad Roas h, Building Division (635-4171) nroTtcg of DEcisivg - s CDT .s SANITARY ' SERVICE (SDR s9- 22/'4 89-28) PAGE 5 rt. 5. The employee parking, outdoor storage area, solid wood fencing, pole building, . and new driveway shall be installed as ,indicated on the submitted site plan by January 31, 1990. STAFF CONTACT: Keith Liden, Planning Division (639 - -4171) • The underground fuel tank shall be removed or 'decommissioned in accordance with state and federal requirements by October 31, 1990. STAFF CONTACT: Keith Liden, Planning Division (639- 4171) . • A street opening permit shall be obtained from the Engineering Division prior to constructing the driveway described in condition S above. The driveway apron shall be Paved. STAFF CONTACT: John Hagman, Engineering Division (639.4171) The area occupied by the business shall not expand beyond the areas shown on the approved site plan that was submitted as part of this Application. STAFF CONTACT: Keith Liden, Planning Division (639-4171). PROCEDURE • Notice: Notice was posted at City Hall and mailed to: The applicant and owners Owners of record within the required distance The affected Neighborhood Planning Organization Affected government agencies • Final Decision: THE DECISION SHALL BE FINAL APPEAL IS FILED. 63 d ! S (4/ 81 UNLESS AN . L.ppeai : Any party to the decision may appeal this decision in accordance with Sect:�Jn 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed With the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall 1312S SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal r is 3 :30 tn5t- lig OtICE OF DECISION ScEmIpt S SANITARY SERVICE a !NIB 89 -22/V 89-98) YIAGE E Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. SW. LA MANCHA, s DT S SANZTARY SERVICE (SDR 39.22. %v 89-28) PAgE y�:ai. .:.1.a.A4tF.ti:K4..+vwlWk,.LSq �. 197. . W. X200.7 1 t4, t A. " ft A CLS REQUEST I+10R COMMENTS TO: DATE:eer 5 1939 FROM: Tigard Planning Department RE: SDR 89 -22/v S9-28 SCHMIDT' S SANITARY SERVICE A Request for Site Development Review approval to allow the expansion and relocation of a nonconforming sanitary service business. ZOO: R-4.5 (Residential, 4.5 ,�nin e Units /acre) LOCATION: 8325 SW Rosa (WCTM 251 12CH, tax lot 900) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments "apt M22, 1989. You may use the space provided below or attach a separate letter to return the staff comments. d by the: above dale, please If au are unable t® reason phone staff contact noted below with your comments and confirm Your comments in writing a: -. soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Sox 23.397, 13125 SW Hall H1vd. 0 Tigard, OR' 97223. PHONE: 539- 4171. STAFF CONTACT :, Keith Liden PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the Proposal and have no objections to it (epett a:4-G 14,0 v4.9 Ctit t0-•1 (Aig 6Ie6eu WA.,4) tt, -1 112 Please contact of our office-,' Please refer to the enclosed letter. ei4 ,wsewecv Written Comments: L Y &v! 4 ke r. t // vac 1.467,C calm- A ; k(5 ...x..4.AA ec 6 £ei'Ut:c, ercol4 <I -71 cisCo-i? ctet, ev'irt'i()f.$ cc -Ut C. M r 'y F o erg'/ .1/ ALLftis:_ria.. Name of Person commenting: t W Phone Number: ct ' 2-3 bk JSDR89w22 . BK POMO s.P251989 PLIJ*-I- £- oa- 7 L) .47 - IZ ti ..Is 0 ccie A & r- ." °ter . /1,1-d L P-11 hoirk 10,4t- -46 r -t-44 , t4.n. 1 i hC4 544 e -¢L., ,. 120 r;j"� C-0 n 1( de S" y 4 A itS o ht ot. .3-1A 16/ 45 tvr44 n a 46 -.' 64.E 14 5.4. CA -tti 404. T.i.k71 /tits s 4/4,...., .2„.,it-e5 "..4t IL G—kr. UV-R.. t4; ,n 4 414 A 40 6 *trL ediscu 3 -74 h1, ri c ti A4-44 et August 25, 1989 Richard: Bauer 8275 S.W. Ross Street Tigard, OR 97224 RE: Schm dts Sanitary Service Dear Mr. Bauer: CITYOF TRD OREGON _ am reePondin g to your letter to Pat Reilly regarding a schedule for review and resolution of the nonconforming san.tation buhinens awned by the Schmadts Sanitary Service. ar If the most recent site plan, which 'I sent to you and the Schmi week, is satisfactory, I will begin an administrative review dts. earlier proposal next wce3c. Such a review will take a the Proposal of th will be important pP.�oxia�tately three. weeks to complete. It prior to an , a obtaioR comments eighborhood Planning Organization manta from issuing It appears that the next this group is September 20th. Therefore, a decision will be forthcoming he meeting for September 22, 1989 The decision will have a 10 rthcoming ba be fo schedule for the Schmdte to make the necessary modifications aPp to period lay and a day of the site for the business. tione tca the layout and that contact me with our comet, P1 at ou ma tints on the latest revisions or any fiesta. Y you may ave." Sincerjel y' Keith S. Lden Senior Planner c: Pat Reilly 13125 sWHdit P,0, 3ox 23397,11card, Oregon 97223 (503 639 -4171 .4 • BUILDING PERMITAPPL ICATION TIGARD . DATE -Attgtifftr-P- THE UNDERSIGNED HEREBYAPPLIES FOR A PERMIT FOR THE WORK HEREIN INDICATED OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNER John Schmidt JOB ADDRESS 8325 at Ross BUILDER PHONE. OWNER PHONE - 639-237i LOT NO. BUILDER Econ-o-Fab STRUCTURE DINEW ARCHITECT ENGINEER DESIGNER 0 DEMOLITION O. RESIDENCE 0 COMM 0 EDUCATIONAL El GOVT 0 RELIGIOUS El PATIO 0 CAR PORT 0 GARAGE [STORAGE El SLAB 0 FENCE .11-7 BLDG. TYPE FIRE ZONE PLAN CHECK BY Construct detached stora e biiidIng SEWER PERMIT# OCC_ LOAD FLOOR LOAD COric. HEIGHT 17 NO STORIES 1 AREA 1000 - NO BEDROOMS - VALUE 11,200 SET BACKS FRONT 1651 REAR 1 15 LEFT SIDE RIGHT SIDE 5' THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE ZONING REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE 152 63 WITH ALL APPLICABLE CODES AND ORDINANCES THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS LICENSE SEPARATE PERMITS REQUIRED FOR SEWER, PLUMBING AND HEATING.-- BUILDING DEPARTMENT Permit 92.50 Plan Check 60.1.3 - State-Tax Pj APPLICANT OR AGENT 1.42 ADDRESS PHONE �4 18.132 NONCONFORMING SITUATIONS 18..132.010 Pur se (a) Within the districts established by this Chapter or amendments may late menus th y r be adopted there may exist, lots, structures, uses of land and structures, 'which were lawful before the effective date of this Chapter, but which would be prohibited, regulated, . or restricted' under the terms of this ordinance or future amendments u e (b) It is the purpose and intent of this Chapter to permit � t these g lots, structures and uses to continue , ..but try diVsallow the ewe nt, exparvsion nP axit --- n a cep that the nlarger�m nt ors- ex gi except .nce wi ►ansion of a si le family a awe* �n the C ®gyp Zone only. ., (d) Nonconforming uses are declared by this incompatible with the Comprehensive Plan and with to ado s in the zoning district involved, permitted uses' 18.132.020 Administration Determination of Nonconfo ►~rni Use Status (a) The Director shall make a determination regarding 3 f o rim' Mdse status. � ardi nonconforming (b) (a) (b of a building permit is revoked or for any reason becomes all, rights granted by this Chap ter are extinguished � h Project shall � 9 ed and othe j 1 thereafter be required to conform to all the provisions of this Code 18.132 040 Criteria for NonconformingS tuatioris (a) Nonconforming Lotsof Record Upon application and Payment of fees, the decision of Director mat► be 'appealed as provided by 18,32.310(a). the Pendirra 'bui ldind Permits q to avoid undue ng in this In order ndue har�dsh�;p, nothing require sin change Chapter shall y nge in the location, plans, construction, size or designated use of any building, structure, or part thereof, a required city building �' hereof, for y has been ranted g pertn� prior to enactment of this Code. g (1) Except at provided in subsectaon (2) below, and subsections (8) tna (0), no nonconforming lot of record z at the developed', for e or amendment '�1hereto shall be effective date of this Cod ame 'any use, and nod existi nonconforming lob. of record .'shall be enlarged, extended, n r ae'sinstr fa�i , p at thrw- enlargement or expansioci of constructed except th y residence wi i 1 be allowed in the 0 8D Zone only (b) (2) If on the date of adoption of this Code a lot does not meet the lot size requirements of the applicable zoning district in which the property is located, the lot may: (A) Be occupied by one use permitted outright in a commercial zoning district; if the lot is located . within a commercial zoning district; or Be occupied by single family residential units and accessory structure if located in a residential zoning district. (3) (B) In any district, construction on a single nonconforming lot of record existing at the effective date of this Code or amendment thereto, notwithstanding limitations imposed by other ` provisions of this Code, shall be subject to the following: (A) The nonconforming lot shall be in a separate ownership and not contiguous with other lots in the saee ownership. (B) All setback, height and other applicable provisions of the zoning district shall b.e satisfied. (4) If two or more lots, or combinations of lots and portions of lots in single ownership are-of record at the effective date 'of this Code and are : made nc ncnv forming as to lot area, width, or depth by this Code the lots involved shall be considered to be an undivided parcel for the purposes of this Code; and (A) No portion of the aggregated parcels shall be conveyed, transferred or used in any manner which violates or creates a violation of this Code. (8) any lot remaining .:..,_ w No division of the parcel shall be ` made which creates y th the area, width, ®r depth which does not meet the requirements of this Code. Criteria ForNonconfo m �.�.�. ,_ Ues of' Land= (1) Where at the time of adoption of this Code a lawful use of land exists ] s is which would not be permitted by the regulations imposed IRStil Code, end where such use involves no structure or building, other,' than a single sign or remains otherwise lawful,, provided: (A) ( nonconforming use shall be enlarged, in A No such nonconformi us increased or extended' to occupy a ' greater area of land or space than was occupied at the effective date of adopt ion or' amendment of this Code; II. -266 r-� 4 (c) (8) No such nonconforming use shall be moved in whole or in part- to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this Coded C nonconforming use of land is not discontinued for ( ) The nonconform any reason for a period of more than 6 months; and (©) (F) If the us is discontinued or, abandoned for any reason; for a period of 6 months any subsequent use of land shall conform to the regulations specified by this Coda for the zone in which such land is located. ) For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence _ of the first of any of the following events: (i) On the rate when the use of land is vacated; ii) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services: iii) On the date of termination of any ` lease or contract under which the nonconforming use has occupied the land; and iv) On the date a request for final reading of water and power meters is made to the applicable utility districts. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming ,use of land Nonconformin ructures : (1) Where' a lawful structure exists at 'the effective ` ctur P date of o` tion or. �; i,me.pj of this Code that could not be built Under of this Code by reason of restrictions on under' the terms lot, lot coverac e j height, yard, equipment, its location on the lot;, or other requirements concerning the structure, such structure may be continued to long as it remains otherwise lawful,; subject to the following provision (A) Notered" in a structure may be enlarged or which increases its nonconformity, y y but any structure or portion thereof ' may b�� enlarged or altered in away that satisfies the requi;~ements of this?Code or will decrease its nonconformity; in - 267 A (8) Should' such nonconforming structure or nonconforming portion of : structure be destroyed by any means to an extent of more than 60% of its current value as assessed value by the Washington County Assessor, it shall not be reconstructed except in conformity with the provisions of this Code; and ) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations fur the zoning district in which it is located after it is moved. (d) Noncanfo.Use s Structures, (1) If a since lawful use ,contained i i s rructure invol�,ng ,' that structure' or structure and remises in combination "(except for a singler, acceSSOry structure, existed as . of , March 16 198.3, , woul allowed in the + . d not be +s l zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping, ng, or other deficiency, (under the terms of this ordinance or amendment thereto) the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (A) No existing structure -� r►g .devotes,... to a 'use not Permitted by this Code in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to accommodate a changing x ng df the use of the structure toausr' permitted pe 'teed in the zone in which it is located; Any nonconforming use may be extended throughout any existing parts of a building which were manifestly existing � ng � 1a y arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building; (B) ( C ) A chan e of use for. sir►crle use in a sinq%e.' structure occur under the _following conditions (i) 'l`he r�c7ncor�f corm vise .. status s re i,stered with the _plannirr Direcmanner ravideed for an the ma 18.1 32 : m4C d 3 .for the, ur ose of . esta►bli.shi _ the . use classification as listed. irk an of the Permitted Uses subsection of this Code' and ii) The new use is within _:. the re• istered Permitted Use ,classification` or ei The new use conforms to the z'•.., a onxmr ordirrancQ ra►`'isions: III - 268' 00 ' n (F) ) When a nonconforming use of a structure and premises is discontinued or abandoned for 6 months the structure and remises shall not, thereafter be used p sed except in full conformity, with all regulations of the zoning district in which it is located. For purposes of this Section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the . first of any of the following events: (i) On the date when the structure or premises are vacated, (ii) Or the date the use ceases to be actively involved in the sale of merchandise or the provision of services, (iii) On the date of termination of any lease or contract ` under which the nonconforming use has occupied the premises, and (iv)' On the date a request for final reading of water and power meters is made to the applicable utility districts; and Where a nonconforming use status applies to a structure and premises, removal or destruction of the structure shall eliminate the nonconforming use status of the land. (i) i) Destruction for the purpose of this subsection is defined as damage to an extent of more than 60% of its current assessed value by the Washington County Assessor. Any subsequent use shall conform fully to all ro p visr,ns of the zoning district in which it is located. (2) If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of March 16, 1983, and said uses would not be allowed in the zoning district in which they are located, or Which are ,nonconforming because of inadequate off- street parking, landscaping, or other braade uate off= -s pa,, r� r def icie the(lawful the terms of this ordinance or amendment may be continued so long as they remainotherwse lawful, subject to the following provisions:' (4) rJo existing structure devoted to a use not. P ermitted by this Code in the zoning district in which it it located shall be enlarged, extended, constructed, r °econstricted, ►Honed, or structurally' altered except to accommodate a changing of the use of the structure to a Use permitted in the zone ih which it is located, III - 269' 4 •�r .t� (8) Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of March 16, 1983, but no such use shall be extended to occupy wny land outside such building except as limited by 16.132.040 (d) (2) (E) . (C) A change of use may occur as follows (i) The nonconforming use status was registered with the Planning Director in the manner provided by 18.132.040(d)(3) for the purpose of establishing the use classification as listed in any of the Permitted Use subsections of this Code; The new use is within the registered use classifications; and iii) The new use does not cause an increase in the total number of square feet in the registered use classification; or (i) The new use conforms to the zoning Ordinance Provisions, (D) Where a structure had vacant units as of March 16,1983, spates shall be classified with the he most restrictive use classification applicable to the structure, ( E) When the use of the ,structure, including all uses, is discontinued or abandoned for three: months the structure and premises shall after be used full �a not, there except in fa pce regulations of the with all re conformity w' zoning district in which it is located For purposes of this Section, a use hall be deemed to be discontinued or abandoned ljpon the occur'rerice of the first of any 'of the following events: (i) The vacation ®f the structure or premises, The making of a request for final, reading of water and power meters tb the applicable utility districts. (3) iVonconforming uses may be registered with the Director upon proof that .the use was 'in lawful exi stance as of March 16i 1983, The Director shall: (A) Make a nonconforming use deteriiinatian as pruvidad by Section (8) Maintain a file of registered nonconfc�rnin9 uses xr ( 8) use c'iassifications; and IBC - 270 R P rr (C) Approve a business tax request involving a change of use upon finding the provisions of (d)(1) or (d)(2) are satisfied (4) The provisions of 18 132.040 shall not be interpreted as granting an owner of a nonconforming use a vested right. The provisions of the section may be revised in a manner which does not change the rights granted' by this Section under this ordinance 18 1:2.050 Re airs and Maintenance (a) On any nonconforming structure or Portion of a. structure containing a nonconforming situation, normal' repairs or replacement on non—bearing walls, fixtures, wiring, cr• plumbing may be performed in a manner not in conflict with the other provisions of this Chapter (b) Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 18,132.060 Uses under Conditional Use Provisions Not Nonconformi Uses (a) (b) A permitted use existing before the effective date of this ordinance which under the provisions of this Code is n Permitted only upon receiving a Conditional Use permit under the terms of ,` this Code shall not be deemed a nonconforming use in such 'zoning district, if it otherwise conforms to the standards of this Code, but shall Without further action be considered a conforming use subject to the provisions' applicable to Conditional Uses. Enlargement, extension, reconstruction, or moving, of such use shall only be allowed subject to the provisions for Conditional Uses, as contained ih Chapter 181130. III -- 271 June 21, 1989 Larry Schmidt Schmidt's San 4;4- ary _ Service, Inc. 8325 S .W. Ross Street Tigard, OR 97223 RE: Business expansion Dear Larry: CI1YOFriGARD^ OREGON 1 am writing to follow up my letter of April 28, 1989 regarding the non-. conforming: status of your business and the complaints received relating to its operation. Because of the questions raised regarding the appropriateness ' of the location of Schmidt's Sanitary Service in a residential zone, I have reviewed your situation with our City attorney- I understand the relevant facts to be the following Schmidt's Sanitary Service was in operation at its present location prior to annexation into the City of Tigard on March 15, 1967 (Ordinance No. 67• -20 2. Based upon the zoning regulations in effect in 1967 and the subsequent amendments to the Tigard Municipal Code, the business has been regarded as a "non-conforming use" because the residential zoning dogs not permit commercial businesses. A non- conforming use is , an activity which is legally established but where later changes in land use regulations no such a use. .. onger aillo�r E . The City Code permits nrin -conforming uses to longer e provided they do not expand.(, 3. The City issued a Building Permit to construct an accessory building on the property in April, 1974. A second permit was issued in August, 1983 for a 1,000 square foot accessory structure which is being used for servicing company equipment. no readily available, it is a { 4. because of ethee growth �c both the size and the population of your Although precise figures Y pparenc that Y ur p y service area, the extent of the. activity on your property (eg. exc l.s ees trucks, storage area, and cos�a an s se number of p Y , , 9' , building space) has undoubtedly increased. The complaints relate to the expansion of the business and the storage of and the associated noise and exhaust es near the east ro rt, line, dum sters, parking of trucks and em to ee vehicl s ne p Pe Y t' fumes. se of the non-conforming 1 the City is obligated to 'reipand to this issue. it is status of oixr business, not the request of your neighbor or City' staff to necessarily have the b asainess removed, the property. P that moving the operation 'a s far West as practical would the Present Problem. p po meet eithe at y your property to see I �a�oulci Pro Po that we men her at �3.t.. Hall o.r' at r T, X72 , +pt 1,,,•t c ,-, r �.c ' 3ri r -srr -3 a'" r t ni Q779 C fl?�1 r`i' 9 =.1i'171 • what changes can be made to resolve this issue. If this problem cannot be resolved the city will be forced begin Civil Infractions R Y to b g ' prop „eedings to have the business remo ed from the property or reduced to its original size. Finally, it should be emphasized that any further expansion (7),,f business on the Ross Street property is in violation of city Code and it will need to be moved to a location with the appropriate zoning. our staff will be glad to You determining which p� assist o�x in detie g pro roes are suitable within City limits. w g h�.n .the Cwt Attached is an interpretation which indicates the zoning districts that are appropriate for the business. I will be Out of town until June 27th. I will give you a call later next week so we may arrange convenient meeting time. Thank you for your cooperation. Since el Keith S. Liden Senior Planner April 28, 1989 Larry Schmidt Schmidt's Sanitary Service, Inc. 8325 S.W. Ross Street Tigard, OR 97223 have received a request that the operation of trucks on Your property be modified so that they are not parked along the eastern property line. The noill e and diesel fumes are found to be objectionable in the early morning hours and on weekonds., discussed earlier this year, your business is considered a non-conforming use in the R-4.5 (Residential, we g in d "al, 4.5 units/acre) zone a „r,d I must respond to complaints, particularly if they appear to be related to ";hs expansion of such a use. I will be out of town next week, but feel free to contact John Acker in our office if you have any questions. I shall be available after May 8th. Sincet c o John Acker Mr. Keith Linden Senior Planner City of Tigard P.O. Box 23397 Tigard, Or 97224 Dear Mr. Linden, We are requesting you to take actions to correct a zoning use violation which has occurred on our neighbors property, Mr. and Mrs. John Schmidt, 8325 S.W. Ross St., Tigard, Or. 97224. Since we have purchased the prop - erty adjacent to the Schmidt's, their garbage business has greatly ex- panded. This expansion has decreased the value of our property and has created noise, smell and visual problems to anyone on our property. We have discussed this situation with the Schmidt's but with no corrective action taken by them. Last spring we placed a 100 ft. long cedar fence between our properties but this provided only limited resolution. Mrs. Bauer contacted Mr. John Acker of your office on several occasion's last summer. He indicated he tal)td to one of the Schmidt s sons, Larry, but this contact resulted in no change. On September 16, 1988 Mr. Acker g map and a copy of Noncon- forming us a copy of the zonin ma for this area an forming Situations (18.132) This was much appreciated. Both of these items are enclosed (i ncl osures & #2) . After reviewing these doc- uments, Mrs. Bauer met with Deborah Stuart of your department in October, 1988 and she stated that the described expanded use on the Schmidt's property was in violation of the Nonconforming Siituation regulation. When we purchased our property at 8275 S.W. Ross St. in 1977 the Schinidt`s garbage business consisted of one garbage collection truck plus a pickup truck'. The outbuildings consisted of a large metal garage where they kept the collection truck when not in use, a small tool shed and an old wooden barn. The current condition includes two garbage collection trucks, �mMYM�W�MkkxYSr4w+ urM+ + WS MY+ �. rNWMwaetYYwMN�WUWIWwMU: WYYM` wYaM• v1KU .+waavkbMWNMwa4WYM*YiMYWWeWW N'+ �wFMNNMI YYMYTYaM+�rM+��wlw'u+NJ�... one 1 awe truck to ca y;aw1 y , pickup truck, on- p s7 �.e dro boxes ft�r lass meta root � o box a �c u e c y c� �a "� e s, ��r� l y -��1 8� and 4 by 6f. dro bars foredd ar � ' "f -side used , e1 j t iur7e e i�imediatel ad'ace+t to our ro ert line a new large metal buildin p o for people �Y Y �'.. deriver ng garbage to the Schinidts; both the d° Biro boxe� last two y proip` y The . Items are also immediately adjacent to our art their cars are now parked just off the street but again c P number of em to ees has �nextltoroure�ro property line. p p .� This expansion of the physical f ` ac7l ity is presented by the diagrammatic (enclosure #3) and photographs (enclosure #4) `The, above described condition presents a visual l olfactory and audio disturbance ' to us and anyone visiting our home. We frequently babys i t our young grandchildren but it is impossible for them to nap because of the noise. Work commences between 0730 and 0800 after which time it is inpossible for Mt. Bauer to sleep. The fumes from the gasoline and diseal tanks and trucks (see photo of vent pipes extending beyond top of fence) and the smell from the garba9e drOp boxes, both immediately on the other side of our cedar fence, makes it difficult for us to enjoy our backyard during the summer. ummer The Schmidt's have several acres to the west and north of their current facilities that could be used for all these expanded uses:. We are not trying to put the Schmidt's out of business, but only to protect the living conditions and financial values that were present when we pur- chased our property. We hope you can take prompt action on this sit- uation. Our home phone is 639-2690 and Mr.'Bauer's work phone is 231 -6164. , G ANDREE POLLOCK Enflronflont6i Cahsultarit NORTHWEST REGION Regiohal Operations Division Department of Envitohmental.Quality aro 1 SW sth Ave, Portland 97204 h . t-AX 229.6124 I'ho. a (503) 229 -6923 In Oregon call Toll Free 1-800- 452.4011 NEIL. GGLDSCNMIUT a`a rOvIVINOR : annriwio memo wnnms ailk yiX Department of Environmental Quality 811 SW SIXTH AVENUE, PORTLAND, OREGON 97204 -1390 PHONE (503) 229 -5696 Mr. John Schmidt Schmidt Sanitary Service 8325 SW Ross Tigard, Oregon 97224 December 26 1990 UST- Washington County Schmidt Sanitary File No 34-90-463 Dear Mr. Schmidt We have completed our review of your report, dated December 14, 1990, concerning the contaminated soil cleanup conducted at your facility located at 8325 SW Ross in Tigard, Oregon. Since _ information n actions other than soil n �. met ou this , in�or��tiroio �u��h��e�c��nstn�hcl.eanu has aera�. ion, are requirements, required for the site. Once the soils undergoing treatment have met our criteria, a report Must be submitted. The report must document the final sp representative soil di,� opal. location of the soil and include r Our r �w of the, site will sample analytical results. , ur final review be conducted when the soil treatment report is received. If soil aeration' is not complete within three months, quarterly i to the 'Department , updating us letter progrtessmuof the aeration The quarterly reports must on the progress �� ' detail steps taken to enhance the aeration and describe y our observations concerning ' the degree of contamination remaining. It should also contain the results of any soil sampling conducted. Unless aeration, is completed earlier, the first soil aeration report will be due March 15, 1991. If you have any questions concerning this matter, please call me at (503) 229 -6923. cod ECD, `, UST Cleanup Section Sincerer, .,� . CO . Andree Pollock UST Cleanup Specialist Northwest Region DEC 281990 PLANNING DEEM FROM: NOTE TO THE FILE 4ru FILE; m DATE o /.1- /' 4® Pubt/C- / 0 to be) Off ° 6,l 6 e f,�� v : fl, 41. . 77J 7^ 141.1.,60 £ s t1 /2 / 0 i''0;30 - A-1244/4)6P lr. lri ») 4 gam. 4jvfrt T'Jt :0 t tom_ C..` "6' �► �, `� �►::. /j .may �/ , 01 i �r IY d ►1 o d]L�f c,...,, . ;,,_�',/�od%t�.': t� d�i 6�'i +j a I i . • . #J 5 //M /�?7 ?`IJA7 j L LjsAgALT, 12.4)" ` c4 A, tL _ ..L„ ?L & 4i, fit / �-7- 21 I AL :.t "16 X2,24., 64.- or b ia01e ,d /016.7-/./6/z ,44° 14' , . 0116--z �..- /16 5A PP 71J/3 /9 '50 / L-5 :° t '7d4 % A� go ep 17674e7-411.4 , l6 ‘J(" 4, or o 14,7 J 106t -/- b) 1(/ T IN 6 ",,07* -V p J L) 501A6, 64 e.0 1,414A1 IJAT I0 f D Ot Lt1 .,.6' ' i f &134 6..) ,Dt)tt. 'ro /14 JQQoZ 51214-i-5 Ahip "7-a4 PJ1' 5O(L bJ,1 5 / t4 %6L i 7 19814.7r410 hot, 1-1,I6 (I At, M P .oV'- 4 0.0 S) /tc 5C M2 /&s' or 74/6. -7-4,0k. or AoRled,e;v01->p6- 01),44 73 ) MEMORANDUM TO: Marilyn Bauer Debbie Mangold FROM Keith Liden, Senior Planner RE Site Development Review SDR 90 -23 Schmidt DATE: December 6, 1990 Attached is the City decision regarding the Schmidt's request to keep the underground tanks. The request has been denied and the Schmidt's have the opportunity to appeal the decision to the Plannin g Commission.' If appealed, this issue will probably be heard by the Commission on January 22, 1991 The Community Development Code allows the installation of underground fuel tanks in residential zones and you will note that the revised condition 6. allows the Schmidts to install a new tank provided it is a minimum of 100 feet from all property lines and all other applicable regulations for such tanks are satisfied. This setback requirement will place any future tank to the west of the shop and accessory buildings near your property. I discussed your concern regarding the Schmidt's practice of washing trucks on the property with 'Andre Pollock of DEQ (Phone 229 -6923) His area of responsibility pertains to fuel tanks, but he felt that this activity was probably in violation of DEQ or Unified Sewerage Agency (USA) regulations. He suggested that Lyle Christensen (phone 229»5295) or Wendy Anderson (phone 229 -5393) of DEQ be contacted. This activity is not regulated by the City and therefore it is not addressed in the decision. SDR90 23.LTRlkl 1 OA 1,3 October 29, 1990 114**V CITYOFTIGARD OREGON Hr. Richard _D D. Bauer 8275 S.W. Ross Street Tigard, OR 97224 Dear Mr. Bauer: Thank you for your letter of October 5 reference SDR 89-28. I apologize for my delay in responding to Your but I have been wanting for certain information about Schmidt's intentions. For your information, the City has monitored the status of the fuel tanks. Condition 6 of SDR 89-28 required that the tanks be removed or decommtissianed by October 31st. Also, for your information, Schmidt submitted an application to almond SDR 89-22 last week and deadline assac we are now researching the implications of .. g p his application on the fuel tanks. As soon as I Uncderstand our options, I�will ppriseeou b:.. letter . yon y by per your xeqU.est Sincerely, ick a -ill City Admi. tratoe P JRs cw c: Ed Ntrphy Ieith Liden ,- prc 029 13125 l Hail BlVdf, i X01 Box 23397, Tigard, Oregon 97223 (5O3) 639 -4111' ro NPO #5 MEETING NOVEMBER 14, 1990 CIVIC CENTER LUNCHROOM After a joint presentation on convened ` its regular meeting in Present were Chair Hopkins, Bieker, Hawley and MacKinnon were excused Debbie Mangold, property owner in NPO property owner the Solar Access ordinance, NPO ##5 the Civic Center lunchroom. Doty and Takahashi . Members Guests this evening were #5 and Dick Bauer, a former Minutes of the September and October approved as circulated. monthly meetings were New business: SDR 90 -0023 Site Design Review/Schmidt This was an amendment request for SDR 89-0022 on which a previously decision had been rendered requiring the removal of underground fuel storage tanks. Applicant has changed designation of tank usage to residential and farm use only. Discussion: Ms. Mangold is an adjacent property owner who purchased her property from Mr. Bauer, a principal affected property owner in the previous decision. Her concern regarding the tanks, were based on the proximity of the tanks to her t supply (well) for her residence and the gas fumes which are vented close to her property. The NPO members present felt that nothing had changed to warrant altering the previous decision and the conditions imposed by the city. We support the previous decision and advise the to contact city planning department t and askwhat factorswouldchange the decision. Since this item was the only agenda item r we had, we were able to adjourn at 8:20 P.m. spectful1 ubm'��t t GH tzC/ 0LrJ J6 ,,tec. Sharon Takahashi, Secretary •4 A TO: 61( eiNWS REQUEST FOR , COMMENTS 1 DATE: November 13, 1990 FROM: Tigard Planning Department, RE: SITE DEVELOPMENT REVIEW SUR 90 -0023 SCHMIDT (NPO #S) A request for Site Development Review to allow an amendment of a previous Site Development Review'(SDR 89-22) for the purpose of retaining underground fuel storage tanksRemoval of the tanks was required in the previous decision. Tanks will be u sed for residential and farm use only. ZONE: R -4.5 (Residential, 4.5 unit s %acre) LOCATION: 8325 SW Ross Street (WOTM 2S1 12CD, tax lot 900) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our Staff, a report and recommendation will be prepared and a decision will be rendered on the Proposal P your comments by Nov. 2�• ' l in the near future If you wish to comment on this application, `e n y y , 1990. separate letter to You may use the space provided below or attach a se arate let return y the above date; please � ®turn our comments. If you are unable respond by P below with your comments, and confirm your Phone the staff ' contact noted bel comments in writing as soon as possible. If you have any questions regarding this mattes;, contact the Tigard Planning 'Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF` CONTACT: Keith Liden PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to ,it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting c -k ;��► � � 'V ' cl Phone Number: c " r'c=__ X____ bkrn /SDR90 -23 81d4 "V 10 1990 .4r REQUEST FOR COMMENTS TO: �f� DATE: November 13 1990 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90 -0023 SCHMIDT (NPO #5) A request for Site Development Review to allow an amendment of a previous Site Development Review (SDR 89 -22) for the purpose of retaining underground fuel storage tanks. Removal of the tanks was required in the previous decision. Tanks will be used for residential and farm use only. ZONES R-4.5 (Residential, ) LOCATION: 8325 SW Ross Street tt-�45 Res�.ciential 4.5 units f acre L (WCTM 2S1 12CB, tax lot 900) Attached is the Site .Plan and applicant's statement for your review. From information supplied ;,by various departments', and agencies and from other information available to our staff, a report po and recommendation will be prepared and a decision will be rendered on the proposal in the near future. re If you wish to comment on this application, we need your comments by Nov. 26, 1990. may space provided a separate letter to rovn.ded below or attach your comments. the hI If you are unable to respond by the above dates„ please phone the staff contact noted below with your comments and confirm your comments in writing as soon as Possible. If you have any quest ions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Ha ll Blvd. , Tigard, OR 97223. PH ONE: 639-4171. STAFF CONTACT: Kei. h Lien PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting:,. Phone Number: bkm /SDR90-23. BKM owMPUUMWO ,()v 1 6 1990 TO: A. ..1 /4 UEST' FOR coMMENTS DATE: _November 13 „ 1990 . FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90 -0023 SCHMIDT (NPO #5) A request for Site Development Review to allow an amendment of 'a previous Site Development Review (SDR 89 -22) for the purpose of retaining underground fuel storage required in the Previous g tanks �, Removal `of the tanks was requ p dec' residential and farm use only. ZONE: decision. Tanks will ' be used for res R-4.5 (Residential,, 4.5 units /acre) LOCATION: 8325 SW Ross Street (WCTM:2S1 12CB, tact, lot 900) Attached is the Site Plgtn and applicant`s statement for your review. From by departments agencies and from other information supplied b various de artmerits and a information available to our staff, a report and recommendation will be prepared 'sion will be rendered on the proposa in the near future. you ou wishato comment on thin application, we need your by Nov. 26, 199®. you may space p attach a separate letter to use the s ace rovi.derl below or at return your comments. If you are unable to respond by .tthe above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Keith Liden PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. please contact of our office. Please refer to the enclosed letter. Written Comments. Name of Person Commenting: Phone ' Number__` okm /SDR90-23 BKM` TO: dc REQUEST FOR COMMENTS DATE: November 13 1990 FROM : g Planning Department . Tigard a .. d P RE: SITE DEVELOPMENT REVIEW SDR 90-0023 SCHMIDT (NPO #5) A request for Site Development' Review to allow an amendment of a previous Site Development Review (SDR 89 -22) for the purpose of retaining underground fuel storage tanks. Removal of the tanks was required in the previous decision. Tanks will be used for residential and farm use only. ZONE: R -4.5 (Residential, 4.5 units/acre) LOCATION: 8325 SW Ross Street (WCTM 2S1 12C8, tax lot 900) Attached is the Site Plan and applicant's statement for your review, Prom information supplied by various departments and agencies and from other a. • report endation will information available to our staff, a re rt and recomm be prepared and a decision will be rendered on the ProPosal in the near future. If you wish tc comment on this a PF ]ication o we need Your comments by Nov. 26, � may space p or attach a separate letter to return your ` comments. If, you are unable to respond by the above date please phone the staff contact noted below with your comments and confirm your conirnents in' writing as soon as ponsib1ee If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall B1 Pd. , Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Keith Liden PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone G"c=- bkm/iSDR90.23 : BK 11 REQUEST FOR COBS TO DATE: November 13, 1990 FROM Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90 -0023 SCHMIDT (NPO #5) A request for Site Development Review to allow an amendment of a previous Site Development Review (SDR 89 -22) for -he purpose of retaining underground fuel storage tanks. Removal of the tanks was required in the previous decision. Tanks will be used for residential and farm use only.' ZONE: 11-4.5 (Residential, 4.5 units/acre) LOCATION: 8325 SW Rossi Street (WCTM`2S1 1203, tax lot 900) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your ooMments by ? ov- 26, y space p attach a separate letter to �.99lJ o You.:, may use the s ace rova.ded below or return your comitisents. If ou are unable to respond N by the above daeL please phone the staff contact noted below with Your comments and confirm your comments' in writing as soon as ,possible. If you have any questions regarding this matter, contact the conta e Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Keith Liden PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to 'it. Please contact of our office Please refer to the enclosed letter. Written Comments: REQUEST FOR COMMENTS DATE: November 13 1990 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90-0023 SCHMIDT (NPO #5) A request for Site ;Development Review to allow an amendment of a previous Site Development Review (SDR 89 -22) for the purpose of retaining underground required , • revious fuel `storage tanks. Removal of the tanks was re aged zn the, previous Tanks will be'used` for residential and ,farm use only. ZONE: R-4. (Residential, 4.5 units /acre) LOCATION: 8325 SW Ross Street (WCTM'2S1 12CB, tax lot 900) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation Will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, need your co ente by Nbm.. 26, his a lication, sae 199f1. You may u , p p p ate letter 'to se the s ace rov�.ded below or a•ttacl� a se ar return your comments. If you are unable to respond ay the above date, please phone the staff contact noted below with your comments and confirm your comments in writin g, as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639».4171. STAFF CONTACT: Keith Liden PLEASE CHECK' THE FOLLOWING ITEMS THAT APPLY: We have reviewed the ro osal and have no objections to it P P Please contact of our office . Please refer to the enriosed letter. Written Comments Name of Person Commenting: Phone Number" ✓, bkm /SDR.9O.13 . B ccM' NOV 16 19$0, REQUEST FOR C TS TO: j; 1 Ji�f DATE: November 13 , 1990 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90- 0023 SCHMIDT (NPO #5) A request for Review to allow an amendment a previous Site Site Development R�v�. dment`` of Development Review (SDR 89 -22) for the purpose of retaining underground fuel storage tanks. Removal of the tanks was required in the previous decision. Tanks will be used for residential and farm use only. ZONE: R-4.5 (Residential, 4.5 units /acre) LOCATION: 8325 SW Ross Street (WCTM 2S1 12CB, tax lot 900) Attached is the Site Plan and applicant's statement for your, review. From reformation supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Nov. 26, 1390. You may use the space provided below or attach a separate letter to return your comments. If Y ou are unabl e o respon by_ the__above date, please p hone the staff contact noted below with Your comments and confirm your comments in writing as soon as possible. If you have any questions regarding Department, PO Box 23391 , 13125 SW this. matters contact the Tigard Planning Depa �, Hall Blvd., Tigard, OR 97223. PHONE: 639.4171 STAFF CONTACT: Keith Liden PLEASE CHECK "THB FOLLOWING ITEMS THAT APPLY; X We have reviewed the proposal and have : o objections to it Please contact of out office., Please refer to the enclosed letter. Written Comments: • Name of Person Commenting: phone Number; 689-1554 bkm/SDR9O -23. B .CM` ohn P . Miller Administrator PROPOSAL DESCRIPTION FILE NO: SDR 90-0023 FILE TITLE: SCHMIDT APPLICANT: JOHN SCHMIDT 8325 SW ROSS STREET TIGARD, OR 97224 REQUEST: Applicant requests Site Development Review to allow an amendment of a Previous Site Development Review (SDR 89- 0022) for the purpose of retaining underground fuel storage tanks. Removal of the tanks was required in the previous decision. Tanks will be used for residential and farm use only LOCATION: 8325 SW Ross Street (WCTM 281 12CB, tax lot 900) ZONING ;DESIGNATION: A -4.5 (Residential, 4.5 units per acre) COMPREHENSIVE PLAN DESIGNATION: Low Den sity, Residential NPO NO: 5, CHAIRPERSON: Craig Hopkins; PHONE: 639 -5823 STAFF DECISION PLANNING COMMISSION DATE / / TIME _ — H• EARINGS OFFICER DATE / /� TIME - C• ITY COUNCIL DATE ._._.....�,, TI ME X REQUEST FOR COMMENTS (see attached list) RETURN BY /_,_. /__.' AT �,, VICINITY MAP LANDSCAPING PLAN ATTACHMENTS: X NARRATIVE �ARCHITECTURAL PLAN SITE PLAN STAFF CONTACT PERSON: Keith Liden PREPARE FOR PLANNER APPROVAL: X ADVERTISEMENT - TIMES / / OREGONIAN 1 NOTICE TO PROPERTY OWNERS TO BE MAILED fl/ ___ LETTER OF ACCEPTANCE OF APPLICATION /-"" /. , . NOTICE TO DLCD ATTACHMENTS: / /-.. //,e4-,Ad 4 1-6.0ei Zil ee,ei' cre) iole if%)r e',5,,e,v,,,y.e 7/-8 .4('''',w' a(Ser d //ek.5" , -5 71" eS ii-le:-eo : .,./:-;a e..t...r,.5 -A) Q c Z5cL,'. . C C.<9.--e ,‘18. e< 6e-)q// l.- / 74- er4 e c.&. 1/t4/45:-C4iwee. 5* e.... „...- , /....., /„, (4 0 ."-e, i?/(.6-;" erifer. ,.../,e.)e-,e /,e, r c"),57.— e7//e-e. ev ,ei I de e' cam' I/ g ! r L% ,'5...... (r o .'G - +" C 6 e- , t J e J JSj. �� / / / /// 1 4 C ele,5 ScHiviioir SANITARY . ytERVICE INC. 8325 SW ROSS 639 -2376 TIGARD, ORLGON 972:N City of Tigard Oct. 16, 1990 13125 S.W. Hall P.O Box 23397 Tigard, Or. 97223 Dear Sir, ire ask that you consider' amending SDRH 39--22 ,`to retain underground fuel tanks. All requirements have been met under the orig nal agreement . The purpose of keeping these tanks in operation will ` be for residential and ,E arm use only. All commercial vehicles will. bu fueled off oC these premises. The above mentioned tanks are no more than five years old. These tanks do not leak. Tho ;oii has been tested in accordance with DEQ and the Lest s are in compliance with standards. (See enciosure) Thank Yaws Larry Scheidt Schmidt Sanitary Service, Inc.. COFFEE` LABORATORIES, INC,. 12423 N.E WHITAKER WAY PORTLAND. OR 97230 PHONE. (503) 254-1794 FAX (503) 254-1452 Schmidt Sanitary Service 8325 SW Ross Street Portland, OR 97224 Attention: John & Larry Schmidt Sample(s) Collected: 9124 /9 Samples) Received: 9/25/9 AnalyFis Requested: Total Petroleum Hydrocarbons in soil by modified EPA Method 418.1 October 9, 199 Log / A900925 -AD6 SAMPLE ID SAMPLE RESULTS B1 NW Unleaded 10 -11'5 Dl NW Unleaded 5.5-6.5' 4 B2 Reg . 10-11.5 ° 9 B2 Beg. 5.5- 6.5' 7 B3 Dies ;.k 10 -1 1 5 r 21 B3 Diesel 5.5 -6.5' 22 Detection Limit 4 mg/kg Results expressed as mg /kg unless otherwise noted Si cerei�,.) Sinc rely enee Chauvin, Technical Director This report is'for the sole and exclusive use of the client, Samples ate retained a maximum of 15 days treat the ieport date, or until the maxuum'holdina time expires,