CU10-76 POOR QUALITY RECORD
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please contact City of Tigard Records Department.
[Page Too Large for OCR Processing]
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Conditional Use (Cu 10-76\
12760 Pacific Highway /
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, May 3, 1976
HorthwestBilliard Service
Michael Scherr and Jim Sutton
6715 S.W. 15th Avenue
Portland* Oregon 07219 Re$ Conditional Use Appeal CU 10.676
12760 SW Pacific Highway
Dear Mr. Scherr
This is to confirm the Tigard City Council at their regular meeting April
26, 1976, denied your conditional use request to operate a billiard parlor and
equipment sales establishment at the above location.
The basis for denial was the fact the nature of the business was stated different
at the Council meeting flan was presented at the Planning Commission. Hence
constitutes a new request which would be processed through he Planning Commission.
Reference is made to the Planning Director's discussion of above ground awimming
pool sales that was not included in the original request and the number of
amusement tables has changed with each hearing.
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If you desire you may resuhmIt the request to the Planning Commission.
Sincerely*
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Doris Hartig
City Reeotder
DHtlw
1• feel it woul... Je equitable to spread the cost developing
115th to the Phase III new hemeowners.
Mr. Al Popp, Planning Commissioner, testified in his opin'.on,
when the Planning Commission heard the proposal on Phase III,
3/2/76, they did not understand all the facts and background
of the original agreement. He further stated he felt the Planning
Commission's approval was in error and recommended the action be
reversed, the part of S.W. 115th in question should be developed
by Commonwealth before Phase III commences and the cost be spread over
phase III of the development.
• Crose Examination - Council questioned if it was necessary to
improve 115th for the success and/or livability of the Englewood
Development. The developer indicated that they did not feel it
to be absolutely essential to the project, however, it would be desirable
to have the access and egress available.
(4) Planning Director recommended 115th Street be developed from
Englewood Development southerly boundary to SW Dakota Street,
. . He further commented the improvement could be minimal until other
• property on that portion of 115th was developed and the City could
work with Commonwealth to assist them with the development.
(5) After lengthy discussion, Council and staff concurred no action should be •
taken to change condition of requiring improvement of S.W. 1,15th
from the southerly boundary of Englewood Development to SAW. Dakota.
(b) Motion to reaffirm the conditions stated in Ordinance No 73-17:
Corrcilman Cook, seconded by Councilman Moore.
Approved by unanimous vote of Council.
It was the consensus of the Council thet their intent was to clarify the
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condition that Phase III shall not be developed until such time as that
portion of 115th is improved, from the Southerly plat boundaty .line to S.W.
Dakota Street.
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(c) APPEAL OF PLANNING COMMISSION ACTION Michael. I. Scherr. Appeal of
Plannirg Commission denial of application for a conditional use permit
on the property located at 12760 S.W. Pacific Highway.
Coun,Almst Wakem asked to be excused as he was present at and voted at
the Planning Commission hearing on this matter.
(1 ) Public Hearing Opened.
(2) Planning Director synopsized background of application and action
of the Planning Commission.
(3) Proponents - Mr. Jim Sutton) Property Manager
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(on behalf of Michael 10 Scherr) applicant)
Mr. Sutton explained the parking facility and further stated he
• 1:1a:eitfw4the allte=i;% stated he would stipulate In the
PAGE 4 . COUNCIL MINUTES - APRIL 26, 1976
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would be use or retail sale of pool tables above ground swimmin
, pools and the other one half would be limited to use for amusement
pool tables. Mr. Sutton estimated the amusement pool table area would be •
approximately 1200 square feet.
Opponents -' None
Cross Examination - Council questioned the sales of above ground
swimming pools pointing out neither sale of swimming pools nor the
limit of space to be used for the amusement pool table area. had •
been part of the original application denied by the Planning
Commission.
(4) Planning Director recommended denial of application.,
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(5) In considering appeal, Council asked Legal Counsel for clarification
of the applicants right to change the original request when
presenting appeal to Council.
Legal Counsel stated since the amount of space to be used for the
amusement pool table area had been verbally set out to Council but
not specified on original application and the retail sale of above
ground swimming pools had not been included, Council was not
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considering the original application for conditional use permit
denied by the Planning Commission,
Legal Counsel further stated the Council can only hear an appeal of
that which was denied by the Planning Commission.
(d) Motion to deny appeals Councilman Mickelson, seconded by Councilman
Howe.
Approved by unanimous vote of Council present.
13. ORDINANCE lo. 76-19 AN ORDINANCE AMENDING ORDINANCF No, 69-76 AND REPEALING
ORDINANCE No 72.64 BY PRESCRIBING A REVISED SCHEDULE
OF AUTHORIZED RATES AND CHARGES FOR TAXICAB SERVICES;
PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) City Administrator stated Broadway Cab has a franchise in the City and the
Fee schedule had been set by City Ordinance, Broadway Cab, represented
by Mr, Bruno, has submitted a request to raise the fee.
(b) Council, staff and Mr. Bruno discussed the need to raise the fees in
Tigatd to the aame level as those in Portland,,
(c) Motion to adopt Ordinance No, 76.19; Councilman Moore seconded by
Councilman Mickelson.
Approved by unanimous vote of Council.
1000 COUNCIL RECESSED
10s40 COUNCIL RECONVENED
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PAGE 5 . COLNCIL MINUTES - APRIL 26, 1976
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.. ".....'"•■■■•• .........................i I, .. , 76
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. , , AFFIDAVIT Oil PUBLICATION
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e STATE OF OREGON, P•t, , ,, .
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Ss.
• . COUNTY Or 'WASHINGTON, `'
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• It ....---- ....-.43:asepli,..Schafer dill o tid.A.AD: ---- --` ,
Noiricg OE PUBLIC IlEARIMG
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being first duly sworn, depose and say that I am the publisher ......--......_ CONDITIONAL VSE APPLICATION
, *., tide is hereby given that la,Publici
, . ... .........a........ of The Tigard Times, a newspaper of general circulation, as defined 'Hearing win be.held by the City Count
!cil at Fowler Juttiot High school teec, *
Iture Room, 10865 S,W,,Walnat Street,, •
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and
,. r%•Asp,i-leoPtrit102t6h,elf9071610,waito:490PiclYsilt.10Wrii,th
state, that the legal notice, a printed copy of which is hereto annexed, was Appeal by Michael 1,Scherr of Plan-
.
,ding Commission denial of appliOtion;
•, ,. published in the entire issue of said newspaper for ...........2................. successive and ' for condittionM use perdtit tO otioratelr
billiard parlor and equipment■sales es, .
• consecutive weeks in the following issues ' tablishatent at 12760$,W,Paeifieln,gh-, ,
Way. (Wohington County4Tax Map ,
: 1\• ' --.........................,........A.prj,i 15 & 224. 1976 2s1 213D,Tax Lot 1503).
,:>) Ail interested persons may' appear'
, ....._ ...,,... arid be heard in favor of or against the .
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, • 1, BY ORDER OF'THE CITICrOisUnNaCrig 1
(
,.. •, , City Recorder
'. •,: , ,,./,`,-All.bialtb6(f):Akid,svcofzi to before me this ..................2...t.°11....q................. day of ..... '(TT 2696 publish April 15,22, 1976)
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'icA151111.11t) '76 •
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• , digel 4064171.,
Notary Vublic Of Oregon
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lilt . Aty commtssion expires ................... .....e.44/........ ..... 19:7-If
11•41■1101.111....1■1.110.210110.11.• 1 MM...
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• CITY OF TIGARD
NOTICE
or PUBLIC HEARING
CONDITIONAL USE APPLICATION
Notice is hereby given that a public Hearing will be held by the City Council
at Fowler Junior high School. Lecture Room, 131565 S.W. Walnut Street, on
April 26, 19760 at 8:00 P.M. with respect to the following application.
Appeal by Michael I. Schorr of Planning Commission denial of
application for conditional: use permit to operate a billiard
parlor and equipment sales establishment at 12760 S.W.
Pacific Highway. (Washington County Tax Map 281 2BD, Tax Lot 1503).
411 interested pers)ns may appear and be heard in favor of or against the
said proposal.
BY ORDER Or THE CITY COUNCIL
Doris Hartig
• City Recorder
, TT Publish April 15, 22, 1976.
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April 14, 1976
Mr. Michael T. Seherr
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6715 S.W. 15th
Portland, Oregon 97219
Re: CU 10-76
D4A4r Mr. Schott:
Please be advised the Tigard City Council will hold a public hearing
on April 26, 1976 at 8t00 14,M. regarding your appeal of the Planning
Cranission action regarding a conditional use permit to operate a billiard
pastor and equipment sales establishment at 12760 S.W. Pacific Highway.
• The Public Hearing wILI be held at 10865 S.W. Walnut Street, Tigard,
Oregon.
• SinterelY,
Doris aertig
City Recorder
Note* Please sign and return the enclosed copy of this letter as
certification of receipt. Thank you
Signature
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Date
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March 25, 1976
it416\
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Tigard City Administratoblv c '
12420 S. W. Main St,
Tigard, Oregon 07223
Dear Sir
On March 16, 1976 the Tigard Planning Oommission rejected our
application for a conditional use permit on the property at 12760
• S. W. Pacific Hwy. I would like to appeal this action to the City
Coutcle at the councils earliest possible cotvience.
Sincorly
a)
M ichael 1. Scherr
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16450 5, W. Cresmer
• Tigard, Oregon ,J7223
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March 24, 1976
Mr. Micbael I. Schorr
_ 6715 8 U. 15th
• Portland, Oregon 97219
Reference: File o. Cu 10-76 (Northwest Billiard Service)
, Dear Mr. Schorr:
Please b aavised that the Tigard Planning Commission, at their
regular meeting of March 16, 1976, considered your request to oper-
ate a billiard parlor and equipment sales establishment at 12760
SU Pacific Highway. Since the COMMit0A failed to Sind that this
request met a community need, that sufficient parkin existed on
the site, that no adverse traffic effects would be created on Pacific
Highway and that there were no other sites available, your request
was denied.
You may appeal the decision of the Planning Commission by filing your
appeal statement with the City Recorder no later than fourteen (14)
days after the date on which the denial was made.
If you need additional information or assistance, please do not hesi-
tate to call this office at 639-4171.
Sincerely,
Dick Bolan
Plantine Director
DBgpt
cc: Buildine Official
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MINUTES 7 C I
Tigard Planning CommLssion
March 16, 1976 - 7:30 pm. 0.L.)
Twality Junior High School - lecture room
• 14650 SW 97th Ave. , Tigard, Oregon
1. CALL TO ORDER: The meeting was called to order at 7:40 p.m. by
Commissioner Popp in the absence of Chairman Porter.
2. ROLL CALL: Present: Moore, Nicoli, Popp, Sakata, Wakem, Goldbach;
staff: Bolen and Laws
Absent: Porter and Ems
3. APPROVAL OF MINUTES: . The minutes of 3/2/76 were approved as read.
4. COMMUNICATIONS: None.
5. PUBLIC HEARINGS
5.1 CONDITIONAL USE CU 10-76 (Scherr)
A request by Michael Schorr for permission to operate a
billiard parlor and equipment sales establishment at 12760
SW Pacific Hwy.
(continued from March 2, 1976, meeting)
A. Staff Report: road by Bolen - reiteration of the staff
findings of the 3/2/76 meeting
B. Applicant Presentation:
o Mr. Scherr stated that he had made a parking lot
survey at the hours of 32:00, 3:00 and 6:30 p.m.
at which time he stated that ab no time was there
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fewer than 30 vacant spaces during the we,-P.4.days •
and during the weekend there were a miniom of 15
spaces available.
o M . Jim Sutton, speaking on behalf of Mr. Schorr,
poinbed out to the Commisston that an additional 14
spaces wore available on the adjoining Lax lob for
the proposed use.
• C. Public Testimony: None.,
D. Staff Recommendation: 0141NTAL, based on findings sLated
in the staff recommendation of
3/2/76.
E. Rebuttal:
o Sutton stated that wi Lh the additional 14 parking
sLalls suEficient 1,?arking needs would be alob for
Lho proposed Incl.:lily.
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PC Minutes
March 16, 1976
• ' F. Commission Discussion and Action:
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o Nicoli stated that he felt that staff was saying ;
- that any owner of the subject property could not use
the site because there would be insufficient parking
. to meet the off-street parking requirements of the
Code. .
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o Sakata stated that the proposed use would generate
at more parking needs than were available on the site.
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.., o WaRem asked staff that, given the 14 additional parking
. spaces, how much short would off-street parking needs
. be?
o Popp stated that, upon his observation of this site,
he saw. that at no time would there be a parking
problem and that he could not deny a request based
on lack of parking. ,...
. . o Nicoli moved for approval on the findings that there
was a community need, that sufficient parking existed
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, on the site, that no adverse traffic effects would .be
created on Pacific Hwy and that the applicant had '
, shown that there wore no other suitable sites available
to operate his business. .
O Seconded (Popp) .
. o Motion failed by a 4_2 count - Nicoli and Popp, aye;
Sakata, Goldbach, Wakem and Moore, no. ,
o Mr. Scharr was informed of his right to appeallihe 1 '
J. .1 City •
Planning Commission deciison uo tne Council.
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5.2 ZONE CHANGE ZC 8-75 (NPO #3)
Request for approval of rezoning of lands within the boundaries
of NPO 11.2 Plan for Derry Dell-Foot of Bull Mountain Ara, to I
conform with the adopted Comprehensive Plan, as amended. 1 '
• A. Staff Beport: road by Bolen. Bolen gave a brief explanaLlon
of Lie intent of the zoning proposals to
• bring lands inLo conformance with the
adopLed NPO #3 land use plan.
• B. Public Testimony ,
o Attorney Lou Pasmno, speaking on behalf of property
OWQOP Don Pollock, sUated that his cliunt had not
received no Lice of the rezoning hearing.
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MINUTES
Tigard Planning Commission
March 2, 1976 - 7:30 p.m.
Twality Junior High School - lecture room
14650 S. W. 97th Avenue; Tigard, Oregon .
• CALL TO ORDER: The meeting was called to order at 740 p.m. by
Commissioner Popp in the absence of Chairman
Porter.
2 ROLL CATT . Present. Fms Moore Ni oli Pcpp Sakail Weikem
CALL r y
Goidbach; staff: Powell and Laws
3. APPROVAL OF MINUTES: The minutes of February 17, 1976, were
approved as read.
4. COMMUNICATIONS: Powell reported the resignations of Commissioner
Smeisor and of Mr. Powell from Lhe planning stff.
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5. PUBLIC HEARINGS
5.1 CONDITIONAL USE PERMIT CU 10-76 (Sh)rr)
A request by Michael Sherr for permission Lo operate a
billiard parlor and equipment sales establishment at T2760
. SW Pacific Hwy. (Wash. Co. tax map 251 2131),, tax lot 1503) .
Staff Report: read by Powell.
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B. Applicant Presentation
o Mr. Sherr stated thaere was a need in the community
1 that there
an establishment of the nature he proposed; that
his establisTiment would provide a service needed in
the community, particularly to the you 11i lie statod
the were 18 parking spaces in front of his building
and those spaces were adequate for their needs.
C. Public Testlmony: no on apeared.
D, Staff Recommendation:
DENTAL, based on findings that parking provide0 war::
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not adequate for the proposed use and that permission
of the proposed use would require the Village Square
development to rail below Lhe number of spaces re-
quired for each establishment.
E. Rebuttal
o Mr. Shorr contended that the 18 parking stalls he .•
had available would be reserved for the use of hls
• establishment.
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. PC Minutes
. March 2, 1976
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F. Commission Discussion and Action
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o Nicoli asked J the pr6sent parkinE would be adequate
for the proposed use. ,
1 o Staff stated that it would, probably, but that week- ,
end operation of the flea market would conflict with
the proposed billiard parlor in that their peak ,
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t operation hours would coincide. ' .
, . o Ems stated he was not aware of any parking problem on
that site as he had never seen a deficit of parking ."'
. availability.
„ 0 S1 ca asked Sherr how much landscaping he was pro-
I. posing, Ithat his hours of operation were, what
, signing he would use and if he had looked for alter-
native sites. ,..
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o Chairman Popp directed Mr. Sherr to answer. • .o Sherr responded that his hours of operation would ,
, be 12 noon to midnight, 7 day a a week; that he wouJd
use the existing signs on the premises 'tbat he had L
anticipated providing landscaping along the edge of
the sidewalk, between the sidewalk and the parking
areas and that he had looked for other areas to lo- ,
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cat° this establishment. 1
o Moore asked the applicant if he was presently °per-
ating a similar type business.
o Sherr responded that he was not presently operating
this kind of business.
o Sakata stated she did not fool the site was suitable
. . p for the establishment proposed.
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o Goldbach concurred.
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) o Moore stated he felt the proposed occupancy load
would clearly exceed the availability o-r.' parking,
even if the siLos mentioned by the applicant were
rescrved.
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A • o Ems stated that the Commission, he ff., ,,,, was reaching
beyond what the code required to parking; that there
was only a partial conflict of hours of operPtion and
. the Commission ought to approve a conditional use
subject to annual review.
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PC Minutes
March 2, 1976
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o Nicoli stated he would be in favor of the proposal
provided the manager of the property allocated
areas of parking for each tenant,,
o Motion (Sakata) for denial based on the inappropri-
ateness of the site and the lack of sufficient parking.
o Seconded (Mool'e) .
o Motion failed to carry for lack of a majority.,-- Ems,
Nicoli vnd Popp, nays.
Motion (Ems) for the matter to be moved to a later .
time on the agenda so that the applicant could count L .
the number of parking spaces on the site and the
number of cars there at the present time.
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o Motion died for lack of a second.
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• Pop asked if there were nearby areas whore parking
could be acconmiodated.
o Staff replied there were not, besides, it wouldn't
make any difference. .
o Popp suggeilted staff undertake a study of the park- . •
• ing needs of the businesses in tha+ area and report
back to the Commission.
o Nicoll concurred with Popp 's suggestion.
o Moore stated that he saw an additional possible
problem with respect to pedel3trian traffic crossing
Pacific Hwy. , particularly young people.
o Motion to table for further consideration (Sakata) .
o Seconded (Moore) .
o Motion carried unanimously.
5.2 CONDITIONAL USE PERMIT R1-0,NEKAL cu: (Orahn)
A request by Roger Grain.). for reinstatement of a previously
granted permission to construct a duplex in an R-7 (single
.family residential zone) approximately 500 ft. southeast
of Ash Avenue (Wash. Co. Lax map 251 21DB, tax lob 2.500) .
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A, Staff Report: road by Powell. Staff road a letter from
homeowners in Burnham Park in opposition
to the proposed use, into the r000rd.
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March 10, 1976
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Mr, Uiohaei i, Schorr
671w 0,
Portlnd, Orocon, 97219
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flogoroaco: ro. cu 10 (
-76 .01 .12,..„ la
,i1 rlor sa1u )
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DGar
. Pions() b avid that tho Titprd pla1,14a)41, coulisolor at thoir
uf Narch 20 1976, aansiderod your request for a
condi' 'onal uso permit t operato a billiard parlor Ivith billiard
aconssories and tcb1,J sales at 12750 LV aei2io Yii, ap.J. yotx
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request tias tab. ed. tv al_co 4or 4.-orthel ro
Yom ax4 voquogtod to apponr 6,t, the !larch 1C, 1976, mootin the
Tlcard Planninc Comaissian, The cot Li,, be hold at 7::70 porn.
La the lecture roon of Tuality Junior qi .11a 97th
• Avenue, Ticard, Oeon*
Unoerely,
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Jorald 1Y1.* Assoc. ATP
Assooiato Planaer
JriP t pt
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MINUTES
Tigard Planning Commission
March 2, 1976 - 7:30 p.m.
Twality Junior High School - lecture room
14650 S. W. 97th Avenue, Tigard, Oregon
1. CALL TO ORDER: The meeting was called to order at 7:40 p.m. by
Commissioner Popp in the absence of Chairman
Porter.
2. ROLL CALL: Present: Ems, Moore, Nicoll, Popp, Sakata, Wakem,
Goldbach; staff: Powell and Laws
3. APPROVAL OF MINUTES: The minutes of February 17, 1976, were
approved as read.
L . COMMUNICATIONS: Powell reported the resignations of Commissioner
Smelser and of Mr. Powell from the planning staff.
5. PUBLIC HEARINGS
5.1 CONDITIONAL USE PERMIT CU 10-76 (Sherr)
A request by Michael Sherr for permission to operate a
billiard parlor an6 equipment sales establishment at 12760
SW Pacific Hwy. (Wash. Co. tax map 2S1 2BD, tax lot 1503) .
A. Staff Report: read by Powell.
B. Applicant Presentation
o Mr. Sherr stated that there was a need in the community
for an establishment of the nature he proposed; that
his establishment would provide a service needed in
the community.; particularly to the youths. He stated
there were 18 parking spaces in front of his building
and those spaces were adequate for their needs.
C. Public Testimony: no on apijeared.
D. Staff Recommendation:
DENIAL, based on findings that parking provided was
not adequate for the proposed use and that permission
of the proposed use would require the Village Square
development to fall below the number of spaces re-
quired for each establishment.
E. Rcbuttal
o Mr. Sherr contended that the 18 parking stalls he
had available would be reserved for the use of his
establishment.
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page 2
PC Minutes
March 2, 1976
F. Commission Discussion and Action
o Nicoll asked if the present parking would be adequate
. for the proposed use.
.
o Staff stated that it would, probably, but that week- .
end operation of the flea market would conflict with
the proposed billiard parlor in that their peak
f operation hours wound coincide.
1
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0 . o Ems stated he was not aware of any parking problem on
. that site as he had never seen a deficit of parking
availability.
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o Sakata asked Sherr how much landscaping he was pro-
posing, what his hours of operation were, what
signing he would use and if he had looked for alter-
.
native sites.
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o Chairman Popp directed Mr. Sherr to answer.
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o Sherr responded that his hours of operation would •
be 12 noon to midnight, 7 days a week; that he would
, . use the existing signs on the premises; that he had
. , anticipated providing landscaping along the edge of .
the sidewalk, between the sidewalk and the parking
areas and that he had looked for other areas to lo-
' cate this establishment.
. '
o Moore asked the applicant if he was presently oper-
ating a similar type business.
f
. , o Sherr responded that he was not presently operating
this kind of business. t
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III o Sakata stated she did not feel the site was suitable
. 1 for the establishment proposed. ,
o Goldbach concurred.
o Moore stated he felt the proposed occupancy load
would clearly exceed the availability of parking,
even if the sites mentioned by the applicant were
I reserved.
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1 o Ems stated that the Commission, he felt, was reaching
beyond what the code required for parking; that there
was only a partial conflict of hours of operation and
the Commission ought to aprrove a conditional use
subject to annual review.
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PC Minutes
' March 2, 1976
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o Nicoli stated he would be in favor of the proposal
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provided the manager of the property allocated
areas of parking for each tenant.
o Motion (Sakata) for denial based on the inappropri-
ateness of the site and the lack of sufficient parking,
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o Seconded (Moore) .
o Motion failed to carry for lack of a majorityT- Ems,
Nicoli and Popp, nays.
o Motion (Ems) for the matter to be moved to a later
time on the agenda so that the applicant could count
the number of parking spaces on the site and the
number of cars there at the present time.
o Motion died for lack of a second.
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o Popp asked if there were nearby areas where parking
could be accommodated.
o Staff replied there were not, besides, it wouldntt
make any difference. .
o Popp suggested staff undertake a study of the park- •
ing needs of the businesses in that area and report
back to the Commission.
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o Nicoli concurred with Poppts suggestion.
o Moore stated that he saw an additional possible
problem with respect to pedestrian traffic crossing
Pacific Hwy. , particularly young people.
o Motion to table for further consideration (Sakata) .
o Seconded (Moore) .
o Motion carried unanimously,
5:2'--66RETI0NAL USE PERMIT RENEWAL CU. /1-74 (Grahn)
A request by Roger Grahn for reinstatement of a previously
granted permission to construct a duplex in an R-7 (single
family residential zone) approximately 500 ft, southeast
of Ash Avenue (Wash. Co. tax map 2S1 2DB, tax lot 2300) .
)
A. Staff Report: read by Powell. Staff read a letter from •
homeowners in Burnham Park in opposition
to the proposed use, into the record,
0
'.
page 4
PC Minutes
March 2, 1976
B. Applicant Presentation
a Mr. Grahn appeared and stated that the letter
from the prior owner of the property, Mr. Pruitt,
explicitly states that a duplex was permitted on
the site and that the proposal would not have an
adverse effect on surrounding properties.
o Staff asked Mr. Grahn about the dimensions of the
lot and if those dimensions had been changed after
the previous conditional use permit was granted.
• Staff pointed out that that action would have in-
validated the conditional use anyway,
C. Public Testimony
o Mr, Dick Siever, SW Hill St. , stated that he was
aware that a duplex was going to be 12uilt, but he
was opposed to it.
o Mr. William Hooper, SW Burnham Ct. , stated that he
vas not aware that a duplex was to be constructed
and he was opposed.
o Mr. Kenneth Stewart, SW Burnham Ct. , stated he was
opposed to the duplex.
o Mr. Paul Johnson opposed duplex construction as being
detrimental to the neighborhood.
o Don Feller, SW Frewing St. , stated that he felt
• duplex construction was not necessarily detrimental,
but that development of the area, with only one
access (Frewing) was undesirable.
o Russ Austin, Building Official for the City of Tigard,
stated that he was opposed to the proposed duplex.
He felt that the conditional use permit had expired;
that the lot ad been altered since the original
conditional use permit had been obtained and that
the *present lot does not conform with the existing
lot requirements in an R-7 zone.
D. Staff Recommendation: DENIAL
E. Rebuttal: none
F. Commission Discussion and Action
o Motion for denial (Sakata) on the basis of points
raised by the Building Official.
•
• page 5
PC Minutes
• March 2, 1976
o Seconded (Moore)
o Approved unanimously
5.3 VARIANCE V 1-76 (Benol, Inc. )
A request by Benol, Inc. for a variance of the front yard
setback requirements in a C-3 zone for additions to a Safe-
way Store at 250 Tigard Plaza.
• A. Staff Report: read by Powell.
B. Applicant Presentation:
•
o Mr. Oliver, property owner, gave a brief history
of the site, the reasons for requesting the variance
and stated the hardships that would be incurred were
the variance denied.
C. Public Testimony: none
D. Staff Recommendation: APPROVAL, based on findings that
no additional adverse impact will result from the
variance; that the variance will not contravene the
purposes of the zoning ordinance and that a hardship .
• would be created by strict application of the set-
,
• back requirements, on the conditions that
1. Landscaping and screening required by code
adjacent residential uses behind the shopping
center be provided.
2, A 10 ft. front landscape setback be provided, per
• code, on SW Pacific Hwy. and SW Hall Blvd. , but
II/ not including the areas of the existing or pro-
posed buildings.
3. That shade trees be provided, in the parking areas.
E. Rebuttal
o Mr. Oliver stated that staffts recomme.idation would
result in elimination of some of the existing parking
and that would create problems for the tenants.
o Powell asked Oliver if a restatement of the conditions
to simply make landscaping contingent on Design Review
Board, approval would be more satisfactory to him.
o Mr. Oliver stated that that would probably make no
page 6
PC Minutes
March 2, 1976
difference, that the staff conditions, if they pro-
vided for preservation of parking, would be perfectly
acceptable.
O Moore asked Mr. Oliver how many of the existing
trees on the site to the rear would remain after
development.
•
o Mr, Oliver responded by indicating the trees which
would remain.
o Popp asked where the proposed new curb cuts would
be in the rear of the building.
o Mr. Oliver pointed out the location of the curb cuts.
O Nicoli asked if 6 ft. of landscaped area adjacent
Hall Blvd. would allow the parking to remain.
o Staff responded that they felt that it would.
F. Commission Discussion and Action
o Popp stated he felt the parking stalls that presently
0 exist should not be eliminated, but that a landscape
strip should he accommodated.
•
o Moore said he felt landscaping and parking should be
subject to Design Review Board approval.
o Motion for approval (Sakata) with staff conditions,
but modifying condition #2 to include the provision
that parking not be sacrificed for landscaping.
N o Seconded (Goldbach) .
o Motion approved unanimously.
5.4 SIGN CODE APPEAL SCA 1-76 (Lionel Co. )
A request by the applicant to leave this previously-tabled
• item on the table until his return from vacation was
accepted by the chairman.
5.5 SIGN CODE REVISION SCR 1-76
A proposal to amend the Tigard Sign Code, Chapter 76.36,
Tigard Municipal Code, to establish free-standing sign
size standards according to traffic speed and number of
travel lanes and to eliminate free-standing sign size
restrictions based on lot frontage; also reducing Lhe
maximum permissible height to 25 ft. and clarifying size
page 7
PC Minutes
March 2, 1976
restrictions of wall signs.
4
o Motion to table (Sakata)
o Seconded (Nicoll)
o Motion approved unanimously
o (The Commissioners indicated their intent to study
the matter further and to place the sign code re-
vision on the next agenda) .
5. 6 ZONING ORDINANCE AMENDMENT ZOA 1-76 (Parking)
(Tabled from February 17, 1976)
A proposed amendment to the Tigard Municipal Code, Chapter
18.60 - Parking - to reflect standards and o-,iteria for
off-street parking
A. Commission Discussion and Action (continued)
o Motion for approval (Goldbach)
o Seooaded (Nicoll)
o Approved unanimously
5.7 SUBDIVISION PRELIMINARY PLAT AND VARIANCE S 1-76 (Englewood III)
A request for preliminary plat approval and a variance of
the subdivision code provisions requiring sidewalks on both
sides of the street for Englewood III, a proposed third
phase subdivision and development of the Englewood Planned
Development, vicinity of SW 115th and Springwood Dr.
A. Staff Report: read by Powell.
18, Applicant Presentation
o Ernie Platt, Vice President of Commonwealth presented
testimony in support of the preliminary plat pro-
posal and stated he would be willing to participate
in an LID for development of 115th, but would no
assume the costs for full street improvements with-
out participation from the other property owners.
o Dick Waker, engineer, gave testimony relating to the
extension of 115th and explained the exclusion of
the park and school site westerly of 115th from the
plat.
page 8
PC Minutes
March 2, 1976
/
C. Public Testimony: none
D. Staff Recommendation: APPROVAL of the preliminary
plat on tno condition that the developer assure
the development of 115th to No. Dakota as required
by the City's 1972 Planned Development approval for
Englewood. Further, recommending APPROVAL of the
variance for sidewalks.
• Rebuttal
o Mr. Waker, representing the applicant, suggested
* that an alternative would be to nforeshortenll
115th and provide for the development of that
portion of 115th and the portion of 115th south
of the site in an LID.
F. Commission Discussion and Action
o Sakata asked staff about sidewalk variance proposal.
o Staff explained the proposal more completely.
o Moore stated that Commonwealth should be involved
in the development of 115th, but that he felt
they should not bear the entire cost of the improve-
ment.
o Motion for approval (Ems) as requested, but vfore-
shortenine 115th to allow the portion excluded from
the plat, as well as that portion of 115th south of
the plat, to be developed under an LID.
o Seconded (Nicoll.) .
• o Motion carried unanimously.
6. PRELIMINARY PLAN DEVELOPMENT REVIEW
6.1 PRELIMINARY REVIEW 7,0 1-76 (Carpenter)
Staff ”ointed out that there was an error in the agenda and
that this was not to be a preliminary review as is stated
in the agenda, but was to be a request by Gordon Carpenter
.Por a zone map amendment on a site in the vicinity of 11535
SW 98th Avenue from R-7 to A-2 or an apartment development
(Wash. Co. tax map 151 35C, tax lot 900) .
A. Staff Report: read by Powell
• B. Applicant Presentation
o Gordon Carpenter, applicant, described his project.
•
page 9
PC Minutes
March 2, 1976
o Goldbach asked about the nearness of the project
• to the rail line right-of-way.
• Sakata asked about the building pattern and if a
planned development would not be in order.
C. Public Testimony: none
D. Staff Recommendation: APPROVAL on the condition that
10 ft. of right-of-way be dedicated on SW 98th Ave.
E. Rebuttal: none
6 F. Commission Discussion and Action
o Motion for approval (Goldbach) subject to staff
condition based on findings that the proposal
satisfies Comprehensive Plan condition .; that it
• will not adversely impact the community; that it
will provide for community needs and that it "fits
in" with the area.
• Motion seconded (Moore)
o Motion approved, Sakata nay.
6.2 PRELIMINARY REVIEW ZC 2-76 (Kjelgaard)
A request by Orland Kjelgaard for concept approval of a
proposed residential planned development in the vicinity
of 13778-13840 SW Hall :Blvd. (Wash. Co. tax map 2S1 2DD,
tax lot 500) .
A. Staff Report: read by Powell with a recommendation that
the matter be tabled for 'one month, as stated in the
staff report, for further work by the NPO.
B. Applicant Presentation
Mr. Stucky, speaking on behalf of the applicant,
stated if a 60 ft. right-of-way were provided, the
result would be a more pedestrian oriented planned
development. He also addressed the staff findings
with respect to informational deficiencies and said
that those would ho addressed in the presentetion
to the Planning Commission for approval.
C. Public Testimony
4
page 10
PC Minutes
March 2, 19r76
John Avery, Chairman of NPO #5, addressed the -
Commission and asked for deferral until the question
of access roads could be resolved by the NPO.
• D. Staff Recommendation: given in the staff report.
E. Rebuttal: none
F. Commission Discussion and Action
o Nicoll asked staff about the expense of retention
system on site.
o Staff responded that there was no intent to require
a retention system, but that it should be considered
by the applicant and possibly be required, if appro-
priate.
o Motion to postpone for one month until NPO #5 has
had time to discuss the road system proposed for
this area (Nicoli) . •
o Seconded (Goldbach) .
o Approved unanimously.
7. OTHER BUSINESS: none
B. ADJOURNMENT: 11:50 p.m.
4
4
, ,
e
•
•
•
() Co
Staff Report
Tigard Planning Commission
• March 2, 1976
Cu 10-76
Agenda Item 5.1
Conditional Use Permit
•A, A request by Michael Scherr for permission to operate a billiard
parlor and equipment sales establishment at 12760 S.W. Pacific Highway.
St.8...f12_111Laa_s_
1. The site of this proposal is the former plaid pantry convenience
grocery at the Village Square "Shopping Center" on S.W. Pacific Hwy.
2. Land use northeast of the site within the shopping center is a
fast foods restaurant) and professional offices adjacent. Most
of the "shopping center" is offices with a flea market for an
anchor tenant. The adjacent land use southwest of the site is
a restaurant (Davidsons' Frostop)
3. Required parking under the present code for Village Square is
58 parking spaces plus 1 for each two employees and 1 for each
Ear.,,,p2191j establishment. The number of spaces provided is 59,
according to the submitted site plan. Staffs observation of the
site indicated that there were fewer spaces available than that,
due to a reorientation of the parking in the center of the parking
lot. Staff also noticed that about 15 of the parking spaces
available are illegal because they overlap into the public
right-of-way of S.W. McKenzie Street. Confirmation of the lack
of adequate parking maybe seen in the fact that the adjacent
parking lots of "Southwest Professional Center" are posted to
prohibit "unauthorized" parking. Furthermore, during the hours
of operation of the Flea Market, there is little or no parking
available for any other use. This does not pose a problem for the
professional offices but would be a problem for the billiard parlor.
t'
4. The planning commission has previously considered a conditional
use permit application for the Flea Market adjacent this proposed
establishment--at that time no particular conditions were placed
on the property owner with respect to bringing the parking lot or
street approaches into conformance with City code.
5. There are no curbs or sidewalks on S.W. McKenzie Street, in spite
of the fact that McKenzie Street is the only access available to
the apartments behind the village square property,
6. The " idewalk" on Pacific Highway is simply a continuation of
the parking lot, without a bumper sFrip between the parking
spaces and the "sidewalk",
.4.�
.. .`
~
.
` . '� r -
` y "
page 2
Staff Report - CU 10-76
March 2, 1978
7. There is little concession given to site improvement or
landscaping on the site. �.
. 8. Part of the "parking lot" shown on applicant's site plan and
presently in use is in the City street~-as a result of which the
City is not only committed to maintenance, but also maybe liable
for any damages resulting from misuse of that street.
Staff Recommendations
to be given following public testimony
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City of Tigard
. Tigard Planning Dept.
Tigard, Oregon
.
• PROJECT: Conditional Use Permit Application .
Existing Vacant Plaid Pantry Market
,
Converted to Family Billiard And Recreation Center
,
. The present building was formoily a convenience market. We propose to ue
e
.
, the existing 2400 sq. ft. for both, a retail sales organization engaged in the
.
. sale of billiard equipment and tables and a family billiard and recreation
center.
11' - .
, The location, access, exposure, parking and nearby businesses and multiple
., dwelling units are all reasons for requesting the conditional use permit.
S... .
This conditional use of a C-3 zone should have no conflict with the City ..,
of Tigard adopted Comprehensive plan.
"14! ,
i • The total recreational facilities located within the City of Tigard are
extremely limited. The proximity of other forms of recreation such as the one
. we propose are in Beaverton and Portland. Having a function such am this at .
this location will not only be convenient but will reduce auto travel and
congestion. •
, .
The in and out traffic flow of this proposed businese should be of much
longer duration then the previous business thus reducing the volume. The
.
4 peak activity would be in the evening after rush hour traffic and weekends.
, Availability of this type of recreation would be especially beneficial
to the youth of our community as the grounds will be strictly supervised and
easily accessible, giving them an opportunity to expend their energy in a .
- healthy atmosphere and in an acceptable manner. ..
. •
As the immediate neighbors are businesses of the type that would benefit . .
. ' from out traffic flow, there will be no adverse affect on them. Other
slightly removed neighbors are high density apartments which would benefit
from a close and convenient recreation center.
All necessary utilities are existing on the site. There will be no need
• to increase or charge any of these utilities. There will be only a nominal
impact if any on public transportation as the type of business we propose is a
e) logal coaamnity center. .
In conclusion a "FAMILY BILLIARD AND RECREATION CEN2ER" will greatly
contribute to the recreational needs of the Tigard community providing wholesome,
easily accessible, well eupervised recreational needs in a growing community
.
• in a climate that mode indoor recreational facilities.
)
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7 Wi a".tOF PU1141C'HEARING
. . AFFIDAVIT Ot PUBLICATION TP6....ed Planning Conitnission .
Match 2, 1976,-- 7:30 pan. ..
roomy Junior Higli Schod) ..- lecture
STATE OF OREGON,
14650 SW 97tfi Ave ,Tigard Oregon
COVNTY OF 'WASHINGTON,
1 ss,
, f .,,. .
5.1 CONP/TIOH,41., USE PERMIT
CL11046(Salle , olow"
, .
........„ ........................_.ciloReph....schaf QT.• A request by Michael Sgkerr Or per.
mission 0ipebte a billiatd krlor and
equipment Salt%aStsdbliSheseik at 12760
being first duly sworn, depose and say that I am the publisher --------- SW It'acifia Hwy, (Wash.to. tax map
2S1 210), tag lot 1503),
. ......-............. of The Tigard Times, a newspaper of general circulation, as defined 5.2 CONPITIONAL USA 144RIVIIT
AgravvAL cu 4-74 (Gralui)1..,
0
- by ORS 193,010 and 193.020, published at Tigard, in the aforesaid county and A request by Rti*r GrallnAr rein.
statement IV ia.nev.ionsly.,gratited per.'
mission to conbtroot a duPlex in an R.7
state; that the legal notice, a printed copy ,)f which is hereto annexed, was , 1 . it- i. .,
sing 0 tam iiF Zane approxanatery 500
ft,southeagt4MhAvenuaa, (Wash.Co.
published in the entire issue of said newspaper for .2.., successive and ? tak 4111.P gi,210.111., tax,lor2300)„ .
. 1 5,3 SIGN CODE APPEAL SCA 1-76
• consecutive weeks in the following issues ......................................., ....._.______....._..... , (Lionel Coi)''.
An appeal to the Planning Commis-
February i9 and 26 1976
0... . sioh. of the denial of a permit to icon.
,lissitugriurildetiants new projecting and revolving .
. ,
)1,2285 SW Main St, (Johnson
4* ( nature)
5.4 SIGN CODE REVISION SCR 1-76
. .
A proposal to amend the Tigard Sign
Code (Ch. 16, VAC) to caablish free-
.
Subscribed and Avorn to before me this .,...............26...t....h............... day of
standing sign size standards according .
4 . , , .# to traffic speed and number of travel
•
• 'Plebtl.f.rry t-:,,' 1 76 larieS and to eliminate 'free-standing i "
#.,.. „.r ,,, . ,..,.9 .
1. sign size restrictions based on lot front-
- 3:: .. ,,,
age; also to reduce the maximum per.
, - )
4NeYa I /q4,-r.0 missable height tO 25% , .
, ,i „ .. ,5.5, (8,1JEDIVISION PRELI1VIINARY
Notary Pti,Vlic of Oregon
PLAT AND VARIANCE 8 1-76 (Eng-
.
41 .....,,, lewood no ,, ' •••
My Coniiiiission.,'4aXi3lres , 19/...7 A 'request for preliminary plat ap-
proval
proval and a variatice of the subdivi-
sion '
slob' code provisions requiring side.
walks on both sides of it street for
.,
ENGLEWOOD 111, a proposed third
phase subdivision and development of
the'Englewood Planiied Development,
• vicinity of SW 115th and Springwood .
Drive,(Wash.Co,tax map 1S1 34B,tax ,
lots'600 and 602),
' 6,PRELIMINARY PLANNED DEVEL-
OPMENT'REVIEW
Icts ' , 6,1°PRELIMINARY REVIEW ZC 1-76
• 4 (Carpenter)
A request by'Gordon Carpenter for
ol. ( concept approval of 'ii proposed rest- .
• dential planned development in the vi.
cinity of.11085 SW 9th.wash,Co,tax
. . map IS1'351,tt la 49o0.,.
6.2 PRELIMINARY REVIEW ZC 2-76
,
Sergeant Paine,an air traffic control
.) 1 operator with a unit of the Air Verne
Communications Service, previously
served at Webb APB,Texas,
, .
. .
(kjelgaavd)
;
A request by Orland Itjelgaard for
concept approval of a proposed resi. .
.1,
dentin',planned development in the vl., •
• ,
einity of 13778-13840 SW Hall Illvd., ,
0,11101. Co. tax map 251 200, tax lot .
5001,„
(172620 — P4b1ish Feb. 10,26, 1976). '
,.. .
1
•
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ss.
City of Tigard
I, Patricia A. Trachsel , being first duly sworn, on
• oath depose and say: .
• That I am Secretary for the Planning Department
for the.. City of Tigard, Oregon.
That I served notice of hearing of the Tigard
Planning Commission •
of which the attached is a copy (Marked Exhibit A) upon each
of tle following named persons on the 010-tZ day of
* 197 by mailing to each of them at the
address sha on the attached list (Marked Exhibit B) , said
notice as hereto attached, deposA. e in the United States
Mail on the dOzi day of , 1.97k ,
postage prepaid.
Subscribed and sworn to before me on this Oday of
. •
#
197k
4 u „oLa3.,
)
rtj'' .f) Ouw,S
I °
, .1S11 tary ublic of Oregon/
My commission expires:
4 /9 119
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NOTICE OF PUBLIC HEARING
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AGENDA
Tigard. Planning Commission
March 2, 1976 - 7:30 p.m.
Twality Junior High School - lecture room
14650 SW 97th Avenue, Tigard, Oregon
1. CALL TO ORDER
Z. ROLL CALL
3. APPROVAL OF MINUTES: Minutes of February 17, 1976, meeting
4. COMMUNICATIONS
5. PUBLIC HEARINGS
5.1 CONDITIONAL USE PERMIT Cu 10-76 (Scherr)
A request by Michael Scherr for permission -to operate a
billiard parlor and equipment sales establishment at 12760
SW Pacific Hwy. (Wash. Co. tax map 2S1 2BD, tax lot 1503) .
5.2 CONDITIONAL USE PERMIT RENEWAL CU 4-74 (Grahn)
A request by Roger Gratin for reinstatement of a previously
. . granted permission to construct a duplex in an R-7 single
family zone approximately 500 ft. southeast of Ash Avenue
(Wash. Co. tax map 2S1 2DB, tax lot 2300) .
5,3 SIGN CODE APPEAL SCA 1-76 (Lionel Co. )
An appeal to the Planning Commission of the denial of a
permit to construct a new projecting and revolving sign at
• 12285 SW Main St. (Johnson Building) .
5,4 SIGN CODE REVISION SCR 1-76
A proposal to amend the Tigard Sign Code (Ch. 16, TMC) to
establish free-standing sign size standards according to
traffic speed and number of travel lanes and to eliminate
free-standing sign size restrictions based on lot frontage,
also to reduce the maximum permissable height to 251 .
5,5 SUBDIVISION PRELIMINARY PLAT AND VARIANCE S 1-76 (Englewood III)
A request for preliminary plat approval and a variance of the
subdivision code provisions requiring sidewalks on both sides
of a street for ENGLEWOOD III, a proposed third phase sub-
division and development of the Englewood Planned Develop-
.
page 2
PC Agenda
March 2, 1976
ment, vicinity o2 SW 115th and Springwood Drive. (Wash.
Co. tax map 151 34B, tax lots 600 and 602) .
6. PRELIMINARY PLANNED DEVELOPMENT REVIEW
6.1 PRELIMINARY REVIEW ZC 1-76 (Carpenter)
A request by Gordon Carpenter for concept approval of a pro-
.
posed residential planned development in the vicinity of
11535 SW 98th. (Wash. Co. tax map 1S1 35C, tax lot 900).
6.2 PRELIMINARY REVIEW ZC 2-76 (Kjelgaard)
A request by Orland Kjelgaard for concept approval of a
• proposed residential planned development in the vicinity of
13778-13840 SW Hall Blvd. (Wash, Co. tax map 2S1 2DD, tax
lot 500) .
7, OTHER BUSINESS
• 8. ADJOURNMENT
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ZONE CHANGE - CONDITIONAL USE - VARIANCE - TEMPORARY USE - NON-CONFORMING
. , . USE REQUESTS .
. . APPLICATION File
Fee Rec'd. 0,/2 •C 4--‘'''
' ' Tigard Planning Commission 639-4171
Ore n 97223 Receipt #.213.114./...____
* 12420 SW Main St, , Tigard, go
Date Rec'd._dEjL.2 ..,
BY _ 22 _-
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PLEASE PRINT IN IN}( OR TYPE .
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Action Requested
.•—.G9N D IT I9NM7-ufi'ft--PFR,MTVi------------'----
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App]icant'8 Name MICHAEL I. SCHEER d.b.a. NORTHWEST .*.. . ail RRIT.Phone444.z4,2,,z,_
S. W. 16th PORTLAND OR
Applicant's Address 6715 '
state zip .
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, • Owner I s Name AILIAT1,141WILlitlig .1 t 1.t. i 0 I.
Address 1441 KAPIOLANt MID. SUATB 11 01 HuNOLULti HAWAII . 90814
--TF6Fe7ET o ty sta e z
,• Applicant is: Owner _ Contract Purchaser Developer_ Agent., .
Other_uasEE
(,
Owner Recognition of application: ,L_Li..L;i. '('_' ,-J ,fr.'
124.. Li2..„Itco_9. 1 1_, e a; f__±,-1,...,
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i . Pli ri,"- , e,,1 1,,,t—,),\ -„„, f , '----
1 .f.$ignatux e • owner s
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• Person iesponsible for
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34b0 S. IL ,t-ima. DR ir=g2,
--"CETFdaT- oity state) k,zip)
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PROPERTY INVOLVED: Tax Map # 1110..0Tqx Lot(s)_L ____- •
.• Address ,. 1g760 ...6. 114 PAanila HIGHWAY Area, OS , ,(a.ores)
Existing Buildings (# and type) _____
„. ..........."......,....4............“........m*o...*****amoorwai................p.wer. ................*...m.
Current zoning._ ______.____Current Use_ROBII_Lati. mItti!,,LIA, 1,111),STRY) .
' Applicant's Applicant's BILLIARD AOOLLSORIoc., & TABU, f!ALVS
L. , proposed Zoning _PropVed Use.luuktia_k_rt ' p.A40101101111,1,rioN MTN
1 SUBMISSION REOVIREMENTS1 Title Report
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' "Pagano°Requirements
Legal Deacription ,...x. Vicinity Map
. . ...4_,Tax Mapx
...„„..... Site Development Plan
Site Plan
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POiti No.180—PROPERTY MANAQEMENT,4 t:iMENT, a,oy us•Ntee4Wre t01t> o .
LAUO
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THIS AGREEMENT,made and entered into tlhis .,,.' .. day of...$eptcrnbex 74
19... ,between '
Village Square Associatess, a partnership, (hereinafter it
in '� / STEVENS INC.
l' called the owner)and . .. , . .. .. .............. ''
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(hereinafter called the agent); WITNESSETH: I
I�
I14 FIRST: The owner hereby employs the agent to rent, manage and direct the operation of the owner's ,1
I property described in Exhibit"A"on the fourth or final page of this agreement,said exhibit being made a part
M I hereof,for a term of y t'A r . . ,., ..... 1
1st nctober . 71 l e s t
beginning on the,........ day of...».... ........ .......... , ,and ending on the .... day of
19 I
September '7 5 ,
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, 19.. . ; thereafter this agreement shall continue until terminated as herein pro. I
vided,Either party hereto may terminate said employment effective on the last day of the original term of said !,{
employment stated above,or effective on the last day of any month thereafter, by delivering to the other by
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registered mail not less than thirty days written notice of his intention and wish to terminate said employment, ,
, The agent may resign from his employment at any time.
SECOND: The agent accepts said employment and agrees: �'
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1, To use his best skill and efforts to serve present tenants and to obtarfn suitable new tenants for vaean» ,
■ des in said premises to furnish all services required therefor and for the management of said premises and to 6` r•
i supervise all labor required for their operation and maintenance; ' ,r
the agent,require the attention of the owner;
2, To report to the owner promptly any conditions at,on or about the premises which,in the opinion of
3, To keep full,detailed and adequate accounts and records with reference to his receipts from and din- I �'
bursemerits with reference to the owner's said property and to permit the owner and his representativer to
axamine the same at any time during business hours; '
4. To cause all of the agent's employees who handle or are responsible for the rents and revenues from ..
eaid premises to be bonded by a fidelity bond with corporate surety,at agent's expense;
,
5. Not to commingle any of the receipts or revenues from said premises with his own funds,but to dew
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e in a trust account in his own name in a bank or banks approved by the owner, as bettveon the par.
posit er o,all such receipts and revenues shall be deemed to be trust funds held in trust for the owner and for (�'
ties hereto, 7 :4, d detailed written '
the ow6,�To deliver to be e owner,don or before the set �r h,. day of each month hereafter, l
statement of his receipts,expenses and disbursements during the preceding month; all said expanse shall be
charged to the��pp��yyq ` the owner shall be credited with all rebates, refunds, allowances, I.
1 commissions (a t'i iliftWd fhit�f j and discounts paid to tho agent; while the agent is not expected
to use his own funds in payment of bills,nevertheless,in case the agent's said disbursements should be in ox- ,
cot's of the rents and revenues collected by him,the owner agrees to pay such excess to the ago tLsff itsyith on
• • demand;settlements between the owner and the agent shall be made at the following times' {g
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THIRD: The owner hereby gives to the agent the following authority and powers:
: 1, To take sole,entire and ex..Iusive charge of said premises;
2, To oii°er said premises,and parts thereof,for rent;to display"For Rent"signs thereon and to rent the
same; and in the name of the owner to negotiate leases on said premises, or any part thereof, together with
renewals of the sonic;
3. To bill tenants for rents in the name of the agen•; to collect all rents due or to become due from said
premises; to give receipts therefor; to endorse the owner's name on rent checks made payable to the owner and
to deposit sane in the bank account mentioned above;it is expressly agreed that the agent does not guarantee
either the collection of rents or the accuracy of volume-of-sales, volume-of-receipts or other reports made by
tenants on percentage leases, it any;however, the agent may recommend to the owner from time to time that
such accuracy be determined by an audit of the tenant's books;
4, In the name of the owner,to sign and serve such notices to delinquent tenants as the agent may deem
• necessary or proper and,with the owner's prior approval and in the owner's name,(a) to sue for and to recover
any of said rents which are past due; (h) to attach, garnishee and levy upon the property of any delinquent
'„• tenant and to recover possession of any part of said premises therefrom,and(c) to settle,compromise and ad-
just such actions,suits or proceedings and the matters involved therein;
5, To employ,pay,direct and discharge all employees deemed by the agent necessary for the operation
and maintenance of said premises;all such employees conclusively shall be and deemed to be for "1 purposes
the employees of the owner and not employees of the agent and the agent shall not be responsible for any of
their acts,defaults or negligence or for any error of judgment or mistake of law or of fact in connection with
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their employment,conduct or discharge;
6. 7'o niche or cause to be made all repairs and alterations; to do all decorating and to purchase all
• materials deemed necessary by the agent for the maintenance of said premises; to purchase all fuel, supplies,
furniture, fixtures and equipment deemed necessary by the agent for the operation of said premises;provided
always, that the agent shall obtain the owner's prior approval on all expenditures in excess of$200.09 ..
for any one item except monthly or recurring operating charges and except emergency repairs if the agent
deems such repairs necessary to protect the property from damage;
7, To make contracts hi the name of the owner for public utilities,elevator maintenance,window clean.
• ing, rubbish and garbage disposal, towel service and other services, or such of them as the agent shall deem
advisable; the owner agrees to assume the obligation of any such contracts which are still in effect at the ter•
niination of this agreement;
8, To pay out of the bank account established pursuant to the provisions of the"SECOND"paragraph
of this agreement all expenses connected with the management,operation and maintenance of said premises,as
authorized herein,including the agent's commissions and compensation provided in the"FCURT1-1"paragraph
of this agreement;
9. To pay out of the said batik account the following items in addition to the expenses of normal open
atfon: ancl..oactytl4••mert»gage n .v111.1 Yralxlci ,n.. . oan.. .........
iteoatevek„fur, tegk.C1r9.pertY ,ancl irisurTleP..whotl .cash.r10? a.11ows.. ....
ho,
FOURTth:The owner agrees:
r 1 .To pay to the agent each month for management and operation 1.i of..r. 'otko. t'li` Ala
° nit ogTice apse i and 3 Cof~ ?'roe°i rr'nta1F; of retail Flnae?,..
2,' premises To a pay
v to the agent,insa ditipj p the foregoi re ng,raa commission for procuring new tenants in said
too
tot ptoci.,ing now tenants on a lease basis 116 r)r• , e rontri cor tho 708.14e to, +re,
for nrocuring a rene val to any lease now or hereafter existing 7 , 1 rrI rid E ° 1 12 hrY ,t
No onorr.e for renewal of ofPice 1, To save the agent harmless ftoni all claims,actions and judgments for damages on account of in juries
to persons or property suffered or claimed to have been suffered by any employee or other person whomsoever
• in, on or about said promises and to defend against the same; to carry and keep iii effect at till times, at
4�y
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owner's expense, public liability and workmen's compensation insurance fully adequate to pro+ect the interests
of the parties hereto; and to cause all policies providing such insurance to be so written as to protect the agent JJ ,
in the same manner and to the same extent as they protect tho owner; ■
—4,.4-0-0ent, and-the--owner4tereby-gi-vetfrend-gronterto-the-agent--ffitotrghouti-fhe-ferm-4-thia-cantracV 1 , .
the right to control the placing of all insurance on or!squired in connection-with fetid premises, their mointtt
ty.gic:;47Wu....Li an oparation-in-strth-triiiikiffti—tis may be specified by the owner; in this connection, the(
f
t rt es-as-Anne responelWit-y-ter-the-adettetaey,Itincie-ancl-amounte-ol-insurancop-
5. II,while this contract is in effect, the owner desires to sell or places said premises,or any part thereof,
• on ths market for sale, the agent shall have and hereby is given the exclusive right to sell the same; in this
connection, the agent agrees to cooperate with other brokers in a sincere effort to bring about a sale; in the •
event of any sale or exchange of said property,or any part thereof,by whomsoever made,while this contract is
in effect, for any price which the owner agrees to accept,the owner agrees to pay to the agent a commission on
the sale or exchange price at the rate of . %
0 of the cirgt ?-1no7nnO , Vs oc the
'' ..6...........I,,..._,..... ,,,, .
next 00,000 and 2-1/2t of env ro-aindor. ,
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6. On any termination of this agreement, the owner further agrees to recognize the agent as the broker
tit any negotiations then pending for the leasing or sale of said premises,or any part thereof,and in the event .
nf the subsequent consummation of any such lease or sale,to pay to the agent a commission thereon at the rates
set forth in this paragraph;
, . Owner shall be resnonsPlle for nlacinr all insurance on or
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required in connection with said premises. Morris F Stevens shall be , •
. nared as additional insured on the lialilitv polio and conies of all , •
policies shall be delivored to tho offices of 'turrin E Stevens. Owner :1
shall assume responsibilitv for the aienuaev, 'hinds and amounts of
• , insurance. ' I
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8, Clause 5 above notwithstanding, the Owner Anil have the right at anytime,
to sell the property without obligation to Norris & E toverte for any sales
coeunieaion. Provided ,however thti.t no other real notate broker is involved, •
PIFI`H,t Both the owner and the agent agree: ,
1. Unless otherwise authorized by a separate power of attorney or other written instrument) the agent
. shall have no power to execute leases or to modify or cancel any existing lease;
2. All inquiries for space in said premises as well as all inquiries relative to the sale of said premises,or
part thereof, shall be referred to the agt:st and all persons making said inquiries shall be instructed to deal
with and through the agent; all renewals of existing or future leases shall be made solely by and through the
agent; Honolulu, Hawaii 96814
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i. The owner hereby designates
Richard 1...riltinli 1441 KaPicantli TAY&,. Sts4e1101- .. , .
I • as owner's representative to whom all notices, statements and remittances to the owner shall or may be sub..
milted,with whom agent may deal and from whom agent may accept instructions and directives relative to
. said premises and relative to subparagraph 6 of the "THIED"paragraph of this contract;the owner reserves •
the right to change his designated representative at any time by giving written notice thereof to the agent;
.,. 4. 4his agreement shall not be capable of assignment by the agent without the owner's written consent,'
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. , 5, The provisions hereof shall bind not only the immediate parties hereto but their respective heirs,
executors, administrators and successors and, so far as the terms hereof permit assignment, the assigns of the
parties as well;
• 6. In construing this agreement, it is understood that tile owner or the aeon! may be more than one
person and that either or both may be a corporation; that if the context so requires,the singular pronoun shall
be taken to mean and include the plural, the masculine, the feminine and the neuter; and that generally, all
. grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to cor.
potatione and to more than one individual.
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thy WITaPSS WREP.800, the parties hereto havi, ar.utit set ill ir ba0 and seals in duplicate on
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this,the day and year first above written. 9 1
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Notes liar deeenotIon 01 properties coveted by Olio tweet et tee Xxtebit"A"on teat Imo.
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RECORD I NO ASSESSMENT -1 ,IMEAr g
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ACCOUNT ASSESSED OWNER & ...... DATA MAP
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ADDITION N ACC
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. . NUMBER MAILING ADDRESS ACO. No . ASSESSED ASSESSED' .rCi?'1°\,A1. $P. NUt
900K-PAOS MARKET / N I o
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DATE LAND I MPROVE• SUEDIVISION G U
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A-21135-0710 ATKINS, ELIZADETH 603D 7e,900 •2,900 • SAC C-3 aola 0237 A-all.
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BY RICHARMON, WH t JR AGENT 7211 Et 3ATH p.ITLANS, JPECON 9'7211
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M ritP IWO( 1974-1S
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. Tigard,Oregon 97223 ( U (
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Dear Property Owner:
The agenda enclosed for the next meeting of the Tigard Planning
Commission includes an item (circled in red) which, due to its
location adjacent property owned or occupied by you, or due to
your previously indicated interest, the City feels obligated to
notify you.
If you wish to make your views known in this matter, or if you
only wish to avail yourself of this opportunity to be informed
concerning this project, the Tigard Planning Commission invites
you to attend this meeting.
.)i
11"
AIMIIIIIMMOMMOMMIMOWIIMM • ..• •
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NOTICE OF PUBITC HEARING ,
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AGENDA
Tigard Planning Commission
. March 2, 1976 - 7:30 p.m.
. ).;
=' Twality Junior High School - lecture room .'
14650 SW 97th Avenue, Tigard, Oregon
.:,
1. CALL TO ORDER
2.. ROLL CALL
3. APPROVAL OF MINUTES: Minutes of February 17, 1976, meeting
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4. COMMUNICATIONS
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5. P 0:. IC HEARINGS
CONDITIONAL USE PERMIT CU 10-76 (Schorr)
' A request by Michael Schorr for permission to operate a
., billiard parlor and equipment sales establishment at 12760
SW Pacific Hwy. (Wash, Co. tax map 251 2BDI tax lot 1503) .
5.2 CONDITIONAL USE PERMIT RENEWAL. 1- CU 4-74 (Grahn)
A request by Roger Grahn for reinstatement of a previously
granted permission to construct a duplex in an R-7 single
,
, , family zone approximately 500 ft. southeast of Ash Avenue
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(Wash. Co. tax map 251 2DB, tax lot 2300) ,
5.3 SIGN CODE APPEAL SCA 1-76 (Lionel Co. )
, An appeal to the Planning Commission of the denial of a
., permit to construct a new projecting and revolving sign at
12285 SW Main St. (Johnson Building) .
' 4
5,4 SIGN CODE REVISION SCR 1-76
it
A proposal to amend the Tigard Sign Code (Ch, 16, TMC) to
establish free-standing sign size standards according to
traffic speed and number of travel lanes and to eliminate
'd free-stand:'.ng sign size restrictions based on lot frontage;
also to reduce the maximum permissable height to 25' ,
5.5 SUBDIVISION PRELIMINARY PLAT AND VARIANCE S 1-76 (Englewood III)
A request for preliminary plat approval and a variance of Vhe
subdivision code provisions requiring sidewalks on both sides
of a street for ENGLEWOOD III, a proposed third phase sub-
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, . division and development of the Englewood Planned Develop-
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page 2
PC Agenda
March 21 1976
1
• mont, vicinity of SW 115th and Springwood Drive. (Wash.
• Co. tax map 1S1 3413, tax lots 600 and 602) .
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6. PRELIMINARY PLANNED DEVELOPMENT REVIEW
6.1 PRELIMINARY REVIEW 7.,C 1-76 (Carpenter)
A request by Gordon Carpenter for concept approval of a pro-
posed residential planned development in the vicinity of
11535 SW 98th. (Wash. Co. tax map 181 35C, tax lot 900) .
4 . . 6.2 PRELIMINARY REVIEW 7.,C 2-76 (Kjelgaard)
A request by Orland Kjelgaard for concept approval of a
proposed resiriential planned development in the vicinity of
13778-13840 SW Hall Blvd. (Wash. Co, tax map 281 2DD, tax
lot 500) .
7. OTHER BUSINESS
8. ADJOURNMENT
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