CU37-77 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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. .�,400 DAVE FARR 4
__ _ __,./ Conditional Use (Cu 37-77) ° '
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Durham Road/West Hall Boulevard
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Reference ZC 16-77
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TIGARD
CITY OF TIGARD
P. 0, Box 23557
12420 S, W. Main
Tigard, Oregon 97223
Cqy•
December 22, 1977
Dave Farr
2041 S•W• 68th
Portland, Oregon 97221
46%. Re: Conditional Use 37-77
Appeal Permit for 12 duplexes in a R-7 Single Family
Residential Zone
Dear Mr. Farr:
Please be advised the Tigard City Council at their special
mseting December 19, 1977, reviewed your appeal regarding
the above conditional use request. It was the decision of
• Council to approve thti conditional use request for construc-
tion of duplexes as requested including lot #50
If I may be of further assistance to you regarding this
• matter, please feel free to contact mc.
K Sincerely,
cfr.2.4-c C/ ek
, f Doris Harti 6/
City Recorder
1
Note: The following acknowledgment must be received by
e the City of Tigard within fourteen (14) days of your re-
ceipt of this letter. Failure to return this acknowledg-
ment may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the action of
the Tigard City Council. I have received and read this
letter.
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• Signature Date
cc: Harris & MoMonagle Associates, Attention Jim Harris
N. 4....
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Dacombor 22 1977
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Doris Hortiu
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1.;ity Recorder
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AFFIDAVIT ;�;.. PUBIJCA T° ON U
• `i i/ CITY OF TIGARD
STATE OF OREGON, DEC 0 .PUBLIC NOTICE' ,
SS. r� (,, X977 Notice is hereby given that the City
n
COUNTY OF WASHINGTON, Council will consider the Fallowing at
ry o 'Fowler Junior High School Lecture
79 ?L)Joseph Schafer T, ..,r ................. •'gon,on Decen.�ber 19;1977,
. ZONE CHANGE'.- Request by Ken-
',' - being fast duly sworn, depose and say that I am the publisher ................................. .'neth Waymire. Waverly Construction
t+, for a general plan and program review
...... .of The Tigard Times, a newspaper of general circulation, as defined w of a residential planned development to
a R-7 zone on.a 6.85 acre pardel at 8065
' S.W.Bonita Road(Wash:Co. Fax Map
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and S.W.2 o Tax Lot 500). • S
` I XNOTICE O CONDITIONAL IC RING. .r
state that the legal notice, a printed copy of which Is hereto annexed was PPE USE
`'`' : , . 2 i,'The Planning Commission approval of,
published in the entire issue of said newspaper for successive and It a request by Dave Farr for a cort1itial
at use permit for 12 duplexes in,a R-7,` . '
consecutive weeks in the following issues ' Single Family. Residential zone at
,, Stratford Subdivision ('VVaa sh., o. Tax
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Dec-etub.er 7..&....14.,.--..1.97_7:M............... . Map 2S1.11D,Tax Lot 1400,
" APPEAL.1 CONDITIONAL.USE -
..�. !-'-'47/ „ ,,., , , �' ,..,,.., ''The Planning Commission approval of
(Sig t ..re) a request by School District No 233
(Templeton. Elementary School) for a
16th conditional use ermlt for a new phVsi-
. cal education facility at 9500•SW Mur-
Subscribed and sworn to before the this, day of .., ,
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dock(Wash co, ax Map 2S1 11A,Tax
December 77 e2901 3oi1.), •, Wit( :7;0-1'7
44 Lots
..'... .' .� 19 I'' ' Testimony will,be limited to summa---)1(&e,/ Luto2Sjej. " tiort of previous statements,
' BY ORDER OF THE CITY COUNCIL
Notary Public of Oregon
• DORIS HARTIG, CITY-RECORDER*
.(T"I'3460--Publish 1 4,
' My commission .expires .,.,. . '
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n CITY OF TIGARD
P.O. Box 23397
12420SAN.Nlain
Tigard,Oregon97223
• December 6, 1977
1
James R. Harris
Harris-McMonagle Associates
8905 SW Commercial Street
Tigard, Oregon 97223
Re: CU37-77 - Appeal
Dear Mr. Harris:
. •
Please be advised that the Tigard City Council, at their regular meeting
of December 19, 1977, will hold a public hearing on the above request at
..° 8:00 P.M. at Fowler Junior High Lecture Room, 10865 SW Walnut Street,
Tigard, Oregon.
Please advise Mr. Farr of this date, and time. Enclosed is a copy of
. the verbatim transcript which was prepared for this hearing.
If you have any questions regarding the hearing, please feel free to
contact me, or the Planning Department.
Sincerely,
(1,
Doris Mar tig
City Recorder
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NOTE: The following acknowledgment must be received by the City of
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Tigard before tlie date of the above mentioned public hearing.
Failure to do so may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the date of public hearing
as set by the Tigard City Council, I have received and read this letter.
Signature
Date
A
4,
MINUTES
TIGARD PLANNING COMMISSION
December 6, 1977
Page 13
D. Commission Discussion:
Popp moved and Goldbach seconded for approval.
The motion was approved by unanimous voice vote.
7. Other Business:
o Popp read the minutes from the meeting of the interview
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board to fill the two vacancies and voiced his disagreement
with the appointment of a City employee to the Planning Com-
mission.
o Sakata was also very concerned about the selection process
and felt the Planning Commission should have an input into
the selection; she was also disappointed with the appoint-
ments.
o Laws reminded the Commissior that the meeting of December 20,
1977 was cancelled and that the next regularly scheduled
meeting would be January 3, 1978.
o Staff a.3in,„t-Gt-v.me4-..4h,e,....Zmmission that appeals by Mr: Dave
Farr (tauittipai Use 31:25and the Tigard School District
(Conditional use"-T7=77) were to be heard at the City Council
hearing of December 19, 1977.
8. Adjournment:
There being no other business, the meeting was adjourned at
• 10 :00 p.m.
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TIGARD CITY OF TIGARD
P.O. Box 23397
, . 12420 S,W. Main
Tigard,Oregon 97223
November 23, 1977
,
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Farr
Dave 2041 S .W. 58th
L, City ot ..,
Portland, Oregon 97221 r- /in
UMHD
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Re: Conditional Use 37-77
Dear Mr. Farr:
• Please be advised that the Tigard Planning Commission at their regu-
lar meeting of November 15 , 1977 denied your request for a condi-
' tional use permit for 12 duplexes in a R-7, Single Family Residential,
zone at Stratford Subdivision. The proposal was denied based on the
tacts that the duplex proposed would face single family dwellings and
duplex lots were not necessary to protect the owners* land values.
A
Actions of the Planning Commission are final unless notification of
1 appeal to the City Council is filed with the city recorder within 20
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days of the Planning Commission action.
If we can be of any further assistance, please do not hesitate to
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contact me at this office.
Sincerely, A
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C, icit, Ny
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JQin Laws
Associate Planner
ali/jh
cc: Harris-McMonagle Associates
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.''' Note: The following acknowledgment must be received by the City of
.
Tigard within fourteen (14) days of your receipt of this let-
ter. Failure to return this acknowledgment may result in ac-
tion
.1( by the City of Tigard.
1 hereby acknowledge this letter documenting the action of the Tigard
Planning Commission. 1 have received and read, this letter.
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Signature Date
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HA RUIS-MCMONAGLE .ASSOCIATES
SINOINFIIM13.81CTRVIIIVOUS
8905 S.W.COMMERCIAL STREET (C/
TIGARD,OREGON 07228 °
TELEPHONE (508) 030-3453 M'
/ 1
November 16, 1977
•
City of Tigard
12420 S. W. Main St.
Tigard, Oregon 97223
RE Conditional Use CU 37-77
4 CI
Gentlemen:
On behalf of our client, David E. Farr, we are hereby requesting
an appeal to the City Council of the Planning Comthission denial
A . of CU 37-77.
Enclosed is a check in the amount of $100.00 which is the estimated
cost for the appeal.
Your prompt action on this matter would be appreciated.
Sincerely y urs,
;
4 /e42
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awes R. Harris
• .• Harris-McMonagle Associates
.44
JRH:ds
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MINUTES
TIGARD PLANNING COMMISSION
November 15, 1977
Page 5
o Wood asked that the motion be amended to include:
1. That Conclusionary Finding 1 be cut to exclude
the referenct to Baker vs. Milwaukie
2. That Unit D be common wall housing on separate
lots to encourage single family ownership.
Brian moved and Moore seconded to accept Wood's two
amendments to the motion.
The motion was approved six to three, with Sakata, Gold
bach„ and Tepedino dissenting.
5.3 Conditional Use q(37-77 (Farr)
A request by Dave Farr for a conditional use permit for 12
duplexes in a R-7, Single Family Residential, zone at Strat-
ford Subdivision (Wash. Co. Tax Map 251 IID, Tax Lot 1400)
A. Staff Report:
Read by Laws
4. Applicant's Presentation:
Jam Harris, Harris and McMonagle Associates, stated that
the applicant agreed with all staff conditions.
C. Public Testimony:
None
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D. Staff Recommendation:
Staff recommends approval witi the following condition:
1. Lot 50 be a duplex lot.
,) E, Commission Discussion:
o Sakata and Tepedino questioned the consistency of
placing duplex units next to single family homes in
relationship to the last item.
o Popp stated that duplexes were necessary as a buffer
along Durham and between two different types of land
uses.
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MINUTES
TIGARD PLANNING COMMISSION
November 15, 1977
Page 6
o Goldbach stated that the planning department's di-
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• rections were inconsistent and that by approving du-
plexes future development patterns were being fore
closed on adjoining property.
o Wood stated that the application should be denied
because it was inconsistent with planning principles.
Wood moved and Sakata seconded for denial based on the
facts that the duplex proposed would face single family
dwelling and duplex lots were not necessary to protect
the owners' land values.
The motion was approved with one abstention--Popp.
5.4 Conditional Use CU 38-77 (MTI)
A request by Theodore Hunt (MTI, Inc. ) for a conditional usd
permit to operate an electronics assembly company in a M-4,
"Light Manufacturing" , zone on a 5 .51 acre parcel at 8900
S.W. Burnham Road (Wash. Co. Tax Map 2S1 2AD, Tax Lot 2200)
0
yin
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
' Theodore Hunt, applicant, outlined the method of opera-
tion.
C. Public Testimony:
None
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' D. Staff Recommendation:
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Staff recommends approval.
E. Commission Discussion:
Goldbach moved and Salrata seconded for approval based
on staff findings.
The motion was approved by unanimous voice vote.
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STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
November 15, 1977 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
Docket: Conditional Use CU 37-77
Request: For 12 duplexes in a R-7, Single Family Residential, zone
(Stratford Subdivision)
Location: North side of S.W. Durham Road west of Hall Boulevard
(Wash, Com Tax Map 2S1 IID, Tax Lot 1400)
Applicant: David Farr
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I . Findings of Fact:
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1. The site is designated "Urban Low Density Residential" on
the Tigard Community Plan, 1971 and zoned R-7, Single Fam-
, ily Residential.
2. Section 18, 20 .020 (1) of the Tigard Municipal Code permits
"Duplex residential, with a minimum lot of 10,000 square
feet: one duplex per lot;. or two single family attached
units with a minimum lot area of 5 ,000 square feet per
A
unit. In the event it appears that it is not practical
to divide a legal lot into two lots oZ 5,000 square feet
each, the planning director may approve the division not-
.
withstanding the fact that one lot is less than 5,000
square feet, provided, however, that no such lot shall be
smaller than 4,250 squcife feet,
3 The applicable policy from the Tigard Housing text is the
following:
Policy 15: Provide greater diversity of housing density
. , (e.g. , duplexes, four-ptex, attached single family
W units., etc. ) .
II. Staff Observations:
1. The site is a flat parcel surrounded by single family de-
velopment to the west, vacant parcels to the north and
east, and the Tigard High School to the south and across
Durham Road.
• 2 . The preliminary plan for a 71 lot subdivision (Stratford)
was approved for this sihe on July 20, 1977 with the foi-
1, lowing applicable conditions:
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STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
November 15, 1977
Page 2
o Right-of-way necessary to provide 45 feet from center
line of S.W. Durham Road be dedicated for street pu.r-
poses.
o A covenant be attached to the deed of any lots abutting
Durham Road restricting direct access to Durham Road.
Joint access and curb cut agreements be filed for Lots
6 and 7y 15 and 16, 67 through 70 .
.
o Deed covenants be attached to all lots sharing joint
access for purposes of prescribing responsibility for
maintenance of the access drives.
o An earth berth be installed and landscaped along S.W.
Durham Road. Landscape design to be submitted for de-
sign review approval.
o A six foot wide bike path be constructed along Durham
Road.
3. The applicant is requesting a conditional use permit to
locate 12 duplexes on 10,000 square foot lots adjacent
Durham Road and along the southeastern, property line of
the subdivision.
4 . The location of duplexes along the south property line
(Durham Road) would provide a buffer between the arterial
street and the single family units in the northern portion
of the development.
Along the eastern property line duplexes would also pro-
vide a transitional land use between the single family
residences and the area designated as Community Shopping
on the Tigard Communtiy Plan, 1971 and tentatively pro-
posed as a civic center (or similar institutional use)
• site on the NPO 6 draft plan map.
The Planning Commission has previously approved at the
.) request of another applicant tne location of duplexes
along the northern boundary line of the deslgnatod commu-
nity shopping area (1971 Plan) .
5 The applicant has not included in his request that Lot 50
also be a duplex lot, It would appear appropriate that
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STAFF REPORT
AGENDA 5 .3 .
TIGARD PLANNING COMMISSION
i s November 15, 1977
Page 3
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1111 this lot should also be a duplex lot as it shares the
same locational circumstances as the lots being requested
for duplex use to the south.
III. Conclusionary Findings:
1. This request conforms to the density limitations of the
, . .
R-7 zone (Single Family Residential) and Urban Low Density
Resi L. ntial designation of the Tigard Community Plano
..'' 1971. In addition, NPO 6 has endorsed this location as
,
. , suitable for duplex development. ,
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2. The duplex lots will provide a buffer between single fam-
, ily homes and the property to the east at such time as
it is developed either commercially or ao some type of
. institutional or multi-family use and will also provide a
buffer between the arterial street (Durham Road) and the
single family homes within the subdivision.
4,
p. ° 3. There is an identified public need to provide a diversity
of housing types within the community, according to poll
cies set out in the Housing Plan.
4 The location of a duplex on Lot 50 appears in order o
that a continuation of the transitional use strip around
•■
the designated community shopping area (Tigard Community
Plan, 1971) could be satisfied.
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IV. Staff Recommendation:
Staff recommends approval with the following condition:
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1. Lob 50 be a duplex lot.
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APPEAL
Tigard Planning Commissiea nearing
November 15, 177
5.3 Conditional Use CU 37-77 (Farr)
A request by Dave Parr for a conditional use permit for 12 duplexes in a R-7,
Single Family Residential, zone al. Stratford Subdivision (Wash. Co. Tax Map 2S1
11D, Tax Lot 1400)
CHAIRMAN: Is someone here representing the applicant, please?
HARRIS: Mr. Chairman, Jim Harris, I represent the applicant.
CHAIRMAN: Okay, thank you Mr. Harris. We'll be with you in just a minute here.
May we have the Staff presentation, please?
4 STAFF: If you give me a moment here I'll get my house in order. Okay. Did yr.A
bring your exhibit? Did you bring your exhibit for Farr? Okay, Mr. Chairman, •
•, Ready here. Findings of fact. The site is designated urban low density residential
it the Tigard Community Plan 1971. zoned R-7, Single Family Residential. Section
18:20.0201 of the Tigard Municipal Code permits duplex-residential with a minimum
lot of 10,000 square feet which is one duplex oer lot or two single family attach..
ed units with a minimum lot area of 5,000 square feet per unit. In the event it
e appears; that it is not practical to divide the legal lot to thy() lots of 5,000
square feet each, the Planning Director may approve the di‘isien, not withstanding
the fact that one lot is less than 5,000 square feet ptovided that, however, no
such lot shall be smaller than 4,250 aquare feet. The applicable policy from the
Tigard Housing Text is the following: Policy No. 15, provide greater diversity
of housing density for example - duplexes, 4-plexes, attached single family units,
• etc. Staff observation - this site is a flat parcel surrounded by single family
development to the west, vacant parcel to the north and east, and the Ti6ard High
School to the south and across Durham Road. ,efer to the zone map A, appologize
for not havi)g the exhillit. Tie site we are referring to this evening is right
here. This is Summerfisid to west, Tigard High School to the south) undeveloped
parcel here to the east, and another undeveloped parcel, at this time, also to the
east and to the north. You may note that the preliminary plan for 71 lot subdivison
4,. which is titled Stratford was approved for this site on July 20, 1977, with the
2
following applicable conditions: Right-at-way necessary to provide 45 feet from
center of line of S.W. Durham Road be dedicated for street purposes. A covenant
be attached to the deed of any lots abutting Durham Road restricting direct access
, , to Durham Road. The joint access and curb tut agreements be filed for lots 6 and
7, 15 and 16, and 67 through 70. Deed covenants be attached to all lots sharing
joint access for purposes of prescribing maintenance responsibility for the access
drives. And that an earthberm be installed and landscaped along S.W. Durham Road,
Landscape design to be submitted for design review approval and, finally, that a
, 6 foot wide bike path be constructed along Durham Road. The applicant is request-
ing the Conditional Use Permit to locate 12 duplexes on 10,000 square foot lots
adjacent to Durham Road and along the southeasterly property line of the subdivision -
if you refer to the exhibits in front of you Along the eastern property line,
duplexes would also provide a transitional land use between the single family resi-
deuce and the atea designated as community shopping on the Tigard Community Plan,
1971 and tentatively proposed -as a civic center, or similar institutional use site,
on the NPO No 6 draft plan map. The Planning Commission has previously approved, at
the request of another applicant, the location of duplexes along the northern boundary
line of the designated community shopping tenter. (Staff pointed out the areae
under consideration on the map). The applicant has not included in his request
tht lot 50 . and again refer to the exhibit - also be a duplex lot. It would ppar
appropriate that this lot should also be a duplex lot as it shares the same locateonal
circumstances as the lots being requested for duplex use to the south. Inclusionary
' tete findings: This request co .tforms to the dense and limits of the R-7 zone, single
family residential, and the urban low density residential designation of the Tigard
Community Plan, 1971. In addition, NPO No 6 has endorsed this locetion ae suitable
' for duplex development, No 2, the de e duplex lots will provi a buffer between single
'10 family homes and the property to the east at belch time as de.reloped either commercial-
c lYp 'r as some type of institution or multi-family use$ and will also provide a
buffer between the arterial streets, Durham Road, and the single family homes with-
it the subdivision. There is an identified public need to provide diversity of
housing types within the community according to policies set out in the housing
and finally, the location of duplex on lot 50 appears in order so that con-
tinuation of the transitional use strip around the designated community shopping
area Tigard Community Plan, 1971 could be satisfied. That concludes the Staff
Report.
CHAIRMAN: Thank you. Any presentation by the applicant) please?
01111111.1111=1.111111111.
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HARRIS: Mr. Chairman, the applicant agrees with the Staff's recommendation and
. this was discussed.. . .. . .(inaudible).
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CHAIRMAN: Okay, thank you Mr. Harris. Would you also tell the people your name
and address?
k.
1 ARRIS: My name is Jim Harris, Harris & McMonagle Associates.
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CHAIRMAN: Anyone else wishing to testify in favor of these proposals? Anyone
,l ,'., wishing to testify in opposition of these proposals? May we have the Staff's recom-
,,'4' mendation?
p:t
,,° STAFF: The Staff recommends approval with the following conditions That lot 50
`4Pa.'
Gi 'el,66 be a duplex lot.
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,g CHAIRMAN: All right. Anyone wishing to speak in rebuttal? This hearing is closed,
Commissioners?
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SAKATA: Mr. Chairman.
Ii l' CHAIRMAN Mrs. Saka t.a.
SSAt(ATA: May I ask what you have to . .(tape change).
ti 0
k:' STAFF: It would be appropriate that those lots also be duplex lots, correct?
It
. . SA ATA: Yes.
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, STAFF: Okay. Where the question becomes then M is the lots, then, to the north-
q. easterly, or westerly area, should they continue then as duplex lots? This became
III presented a problem in that we'd end up with essentially creating almost a duplex
i` :• ) ; subdivision and a point appea,�ed that had to be determined as to what is, first of
r
• all, being accomplished here. Tee buffer, if you will, between the designstod area
(essentially that row of lots along the south property line, excuse me, along the
• eastern pre'° Irty line) would meet that intent. The buffer between the single fontil):,
1
and he multi family, or the duple c Land the art :ria,l st-�reet, again w�oul.d meet twhat.
The question then becomes of consistency of saying, if that's the case . if were
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talking about change and land use types that rear property lines - is that happen-
ing here? And the concern for the Staff was that if you provide duplexes with that
-• lotting pattern on the north side you would continue the theme. and I don't knoN,
where it would end. So, it seems that in this case that there is a need to es tab-
fish just duplexes at one point and not continue through the development bas4
upon the lotting pattern. I know that's not a very good answer, but it's kind of
a tough one in this situation.
•..
SAICATA: its not a good answer.
CHAIRMAN: Frank?
TEPEDINO Mr, Chairman, I'm concerned about the last issue we disposed of here,
6 , I think that perhaps some Commission members were influenced by the argument that
duplexes ought to face duplexes, and that it would be unfair to have duplexes facing
single family homes; and I think our disposition of that issue imposed and infringed
on the rights of property owners and the ownership of that home to be probably one.
of the single „ the largest investment most of us working stiff ever make. And
yet, on this development w the very next issue, were saying, well, in this case
the Staff is saying it's really not so bad to have single fsrnl.ly homes facing du-
plexes because we're going to have a full development here and it would seem il-
logical to do anything else. I'm really upset about that. I'm really upset about
that because we sent people home tonight with less interest in their property than
they had when they came in here. With the reverse side of that same argument, and
I think were saying, I think there were some Commissioners who voted in favor of
that proposal. And here we have the same argument being advanced - to be in favor
of single family homes teeing duplexes. And the trouble you hear in my voice is
real - more than just a little upset about that kind of philosophy.
CHAIRMAN: All right,
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GOLDBACH: Well, I feel the same way and all I car, say is that...... .well, I'll
say it in just a few minutes. Let someone else,
SAKATA: Well, I'm upset, I think this is an inconsistency of planning.
CHAIRMAN.: Well, I'll tell you w I think Staff tried to give you their answer and.
not that I've got any b t ter answer, maybe it's not even., , ,.. , . . . I'll try to
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lowwwwwsi
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'. explain it the way I see it. And I de 't feel it's an inconsistency to planning,
Maybe there's a difference of opinion on the planning, the difference being on what
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we're actually trying to accomplish. I think what we're talking about is basically
when we've reviewed duplexes it's usually as a buffer. We use a different interpre-
tation of how deep should a buffer go. By the same token now, if we were to say
okay, lots 55 through 60 and lots 69 and lot 50, and so on, should all be developed
as duplexes, anybody, by the same token, now we can continue and go right on straight
up that same . . .. , . . .And we can just continue on to say well, (inaudible), Now, I
was clearly explicit to state within this last development that I felt very strongly
that when this square gets developed in there, I feel sure in m} own mind that un-
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doubtedly some of these should develop as duplex. I have no doubt about that in
my mind, whatsoever. But 1 still feel strongly that the buffer is better to ac-
complish on a back yard basis. Many times in these developments we have had duplexes
use the buffer zone between such items as high school - we don' t have that many
high schools - but as of any type, other type, of development rather. ,
than residential,
,
If this were a complete residential development, and across this street were just
more single family homes, I would be opposed to any duplexes being built there - in
any way, shape, or form. We have a development on one side of the street that is
either type of a commercial or indds trial, or some type other than residential
development, And I feel then that between the single family planned development
and the cotnme'rci, l or industrial, or some type of development, I can see and under«
stand, and I think it's consistency in planning, and I think this is what we're
intending to do - whereby we allow them for the duplexes to serve as a buffer, Now,
I don't i.eel that there is inconsistency between what, we've decided, or what we're
trying to decide here as this has not been decided, and what is - , r what was de-
cided on the previous issue. I can certainly understand there is an honest dif-'
ference of opinion whether or not we should have duplexes or single family residences
or whether we should have common wall construction, or you know, maybe 10,000 square
foot lots or 8,000 or 5,000, But, I think there are obvious differences of opinion
and I honestly don' t look at it as being inconsistent. I think it's a genuine effort
of trying to plan according to the best dictates of each person's conscience. Now,
I happen to feel very strongly that I still believe that we made the right decision
on that last development. I was concerned as to people who live on Fairhaven Way
that suddenly they don' t wake up with a slum dwelling in their back yard, And
I'll guarantee that when they come up for final approval on that development, that
0 •) „ one of the most important criteria, even more so than what's built on those lots,
is goin r; to be what type of home owners association agreement is made for the main-
tenance and the caring of all those properties up there, And I specifically mention
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ed the over development because I think it is something that's tome home to haunt
a lot of people and those of us who have served on this body for a period of time
• I think are very conscious about the things that can suddenly sneak by. But, when
I am talking about this type of a development, I still feel that the duplex develop-
ment here is serving as a buffer between two different types of land uses. I think
it's consls tent in the type of planning of today.
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GOLDBACH: Mr. Chairman.
CHAIRMAN: Mr. Goldbeck.
GOLDBACH: No. 1, I think we are inconsistent in our application of the rules.
And secondly, your comment about that square up there. We have set the pattern
for the development of that square. It's going to be duplexes now - there's no
doubt about it. It will come back as a duplex development. There just isn't any
other way. And thirdly, when a developer comes in we're stuck with the result of
that. And those people now, they're behind that development, are stuck with what
we've dictated. And the developer that was here said, "Well., we're not going to
take off and leave you with a mess." Well, it isn't what's happened very often.
• I think they're only worried about making a buck on the thing. They don't care
about the result.
CHAIRMAN: Okay, Tom.
•
BRIAN: Well, this, I think, we do need to be consistent and based on some sound
planning principles, one of which has been suggested to us would be that duplexes
would not face single family residences. I still feel that our prior 5.2 is corn-
plied with correctly, but this one I do have a question on our consistency in that «•
did I understand that Staff's suggestion to the applicant - that these be duplexes,
and did the applicant come in originally for these to be single family?
STAPP. Okay.
Bt'JAN% Let me ask a second question while I'm - am I correct in my understanding
that duplex lots are allowable as a buffer? That is allowable, but not required?
Is there a problem with these being single family lots?
STAPP: The answer to your second question first. No, duplexes are not required as
y
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a buffer and they could develop as single family lots. In answer to your first
question, the applicant, during his submission for a subdivision, did talk to Staff
of which I am not going to say I didn't have privy to that conversation. I wasn't
involved in it at the time, but my understanding was, and it's been confirmed, that
there was a proposal that suggested, anyway, that these developed as duplexes or
multiple family in that area. Lt's also now been reiterated in the findings of the
planning of the NPO No. 6 that this would be appropriate land use for this area
as well, So, I'm not saying that we set the stage months ago with the approval
of the subdivision because all it was was suggestion. The applicant is well aware
that these were a conMtional use and it must go before the public hearing process
in order for them to be approved. He did, however, plan his subdivision to accommo-
date large enough lots, plan for large enough lots to accommodate duplexes contin-
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gent upon the approval, That's all I can say in terms of the background.
CHAIRMAN t All right, is there any additional discussion? Mark?
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WOOD: I also agree that their approving this would be inconsistent and I think
it ought to be denied. I'll tell you why - I think there are several reasons.
No. 1, you look at the lots; there are a number of lots here that are not 10,000
square foot lots, even, These are smaller than 10,000. That one shaking his head,
I see one here identified on four sides as 85, 101, 185, and if my multiplication
ie correct, that's an 8500 square foot lot - or close to it. But, in any event,
regardless of lot size, the intensity of use along either the arterial or along
the civic center with back lot lines backing up to it is not so as to make single
•
family unrealistic in these zones. We have a lotting pattern in the subdivision
here that would require duplexe' across the Street from single family houses which
is a pattern we tried . we consistently avoided, and I see no reason to pick it up
now, I point out that the duplexes that were approved along the north of that
center were a self-contained unit on both sides of the street facing each other, again
self contained, The buffering here is not a matter of necessity; it is a matter
that when you want to get more duplexes to provide a variety of housing types, this
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le an alternate opportunity to do it with little or no adverse effect on the neigh.
• boring properties for apartments and so forth. Here it is not necessary, and
think it would be bad planning to put it in this way,
,/ CHAIRMAN: All right, thank you, Ste"e, any comment?
V
MOOR a: No comment.
CHAIRMAN: Anyone else have a comment? Any discussion?
STAFF: Mr. Chairman.
CHAIRMAN: John
STAFF: Just one brief comment that I am troubled too by inconsistency. But at
the same time, this application previously tonight that dealt with the same issue,
and then this application where we fins the inconsistency is not something that
appears to be new. The Commission on other occasions has approved mixing of uses,
duplexes next to single family, as a matter of fact, behind single family where you
had single family surrounding a
t. So, at least in that respect, it may not be to
the intensity of this development as being proposed but in terms of the land use
question of locating of duplexes next to re:gidential units, single family residential.
The Commission has on previous •ccasions approved such. I'm not saying that it
. • g ives grounds for justification for this
particular development, although Staff does
approve of it; however, and l do concur with comments that were made tonight because
same comments the Staff has made on previous occasions, that as a principle of
good land use planning that transitional land uses should take place at rear lot
lines. This is not to say that is imbedded in concrete and is not subject to change
depending upon the circumstances. I think this application is different in respect
without elaborating on it, than the previous application as far as the land use
proposals.
WOOt): May I just ask one question of Staff just for my own clarification. I only
know what's happened in the year that I've been on the Commission, and maybe I'm
missing, maybe I've forgotten, what I would consider to be an erroneous judgement
that we made on this; but, have we ever, at .least in the last year, approved the
location of duplexes across the street from single family houses in a situation
where that duplex is not already not located next to existing duplexes?
STAFF Okay. I refer to, it is not in a situation where it was across the street
but next to, there was a conditional use request for duplexes o n 121st about Summer-
crest area which the Commission approved, We had single family fronting on 121st
and there was proposal for locating duplexes behind the single family, and on the
' rt—..n,.• tsSm`ss'sH.�. �...•c_,,,a:,r:;� •*-•uuc=.:rx,=ia._:.r_-�='irx=z.Rx-:-::ir��»j'raK'.'.."T,"iF"°='.w�''"`°' .. ......,�' ,
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other side of that, so that you had single family, duplex, single family.
e
WOOD: All back lot lines, weren' t they?
STAFF: Well, how do you determine you had single. family? I'm just saying that
4 . 6 it has happened. On 98th and McCoy proposal you had single family, you had one
single family house that existed, and you had another single family house that had
a vacant lot, and a single family house, The Commission approved a oultiple family,
• • or duplex, in between that single family house, I'm just saying, the circumstance
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is not exactly the same here, the conditions; but, there has been places where you
have, or previous applications her ynu have approved duplexes next to single
family houses without using that criteris of real lot lines being the drawing point.
However, I'll refer to the Corbett Development proposal on 95th which you approved
a transition area where you did have approved.6 duplex lots with salvage yard to
, the one side, and then you had single family to the other side. There, in that
4 . case, you did have duplexes facing duplexes without buffer there, So, the Planning
Commission, on other occasions, has applied that concept.
SAKATA: Now what you are referring to are duplexes facing duplexes. And, in the
McCoy problem, you were talking about duplexes facing the church, but now, if I
understand Mr. Wood's question, he is asking about duplexes facing single family
lots which is what this is.
. STAFF: Well, I pointed eat that this situation didn't exactly fit that mold; but,
you did have duplexes next to single family, and I think that's the issue there,
too. If yoe have them facing each other, what's the difference having them next
door to you as opposed to facing you? That becomes a question too. Is it only,
it't not only front lot lines, but does it also tie the side lot lines as well?
) " That's debatable, but what I'm saying is that I'm net trying to find all kinds of
good grounds to Justify this on the basis that shows it I6n't inconsistent, I'm
just saying there have been previous occasions that approval, has oeen granted.
WOOD: Mr. Chairman, can I make a motion?
CHAIRMAN: All right, Mark, would you please?
WOOD: I move for denial based on the fact that the duplexes purposed would face
single family dwellings which we previously found to be inconsistent with good land
10 •
planning practices, and also based on the fact that given the uses that would be •
behind the purposed duplex lots, the duplex lots are not necessary to protect the
basic property value of the owner.
CHAIRMAN: All right. Does someone care to second the motion?
SAXATA: I do.
CHAIRMAN: All right. It has' been seconded. Any further discussion? We will call
for the question. All those lel favor of the motion toward denial signify by saying
aye.
• RESPONSE: Aye.
. P
CHAIRMAN: Those opposed?
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RES1.'NSE (No response).
4. .
CHAIRMAN: The motion was carried.
STAFF: Was that unanimous?
CHAIRMAN: No, I abstained. Okay, you have the right to appeal to the City Council.
HARRIS,. Mac. Chairman, can I just make one comment? My name is Jim Harris.
CHAIRMAN: I knew you were Jim Harris, I'm sorry. •
HARRIS: You talk about inconsistency. We've dealt with this thing now for about •
a year. We've been le;l down the garden path, I guess. but we should have multi-
•
family dwellings in that development. And, it would gross to you people, the same
board, sitting right here a few months ago when everything was "honkey dory". You
talk about inconsistency! How can you say that? It was the most inconsistent thing
I've ever seen, when this happened. The preliminary plat was approved and it said
•
a , right around on every one of those lots. It was talked about that these
would 1 e. duplex lots, and it was a formality that we would have to come in here.
And then you turn around, a few months later, and say, "No, it's too inconsistent
with everything." The brunt of it. We originally came in with an altogether single
family dwelling and the whole thing, we were told it wouldn't buy. •
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CHAIRMAN: Yeah. Anyway, this is the decision.
. „
HARRIS: Now we are committed. We've already calculated the lots, the lots are
staked.
CHAIRMAN: Okay, well thank you much.
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...,..u4iws6i�+N.ieM�J:
NOTICE OF PUBLIC HEARING
r ., ) BLIC ATION,� 0,, , .,AGARL PLANNING COMMISSION ,'
AFFIDAVIT C� _.� tip '''4.; November 15',,1.977 7:30 p.rn.. •A 1.iSrd '
Fowler Juniou High School Lecture
r STATE OF OREGON, �`/.4P fi'j Room ,. ct?�;
�4 NT ° OF WASHINGTON, 8 S.W. Walnut O g ' ,
••
►� 5,1 Zone Change'•2C♦ 3047 (ti
Scholar..- -.« O .
Z, Joseph ............. .w...............♦r.....«.;......«.. . A!+lre)� 'n n C"�.,." n Jrwr.r.tiw�n.h 3047
r..+n+�nklAYakl;
L�1P "
A request,by I:erirreth Waymire Wal
being first duly sworn, depose and say that Y am the publisfaer .....«.....-...._. ,. verly Construs ti`on,for:a general plarI
and program, review.of a residential'i
of The Tigard Times, a newspaper crf general clrculAtiota, as defined planned devalopmenl in a R•7•zone can,,' 1
..._... ...�~. a 9.85 acre parcel at, 8066 SW lonita
by ORS 193.01.0 and 193.020, published at Tigard, in the aforesaid county and , Road (Viraa�h.;Ga, Tax Map 2Si J 213,:
Tax Lot 5NVr)`,"•',i;' '`' • .P- ,'iyy,. 4,',
• r •
— ante, �" 27. 7 ( Loz1�1?,
of which is hereto annexed, was 5.2 Zone.C,h
state; that the legal notice, a printed copy midge) NPO 3;. ''. . . '�it.pA 2;;'I�'�a 41'r1
• `shed in the entire issue of said newspaper for ... . ' --� . successive and A request by^ Stonericige. DeYvelop. •
pubu meat Company for a'prcliminary=Plan'',
consecutive weeks in the following issues w....... ...:-...«.... _..�. N ...•.... .. -..---.-:. ""... and program review of a Iwo phase res. '
idential/commercial planned develop-,.;
77
f �Merit on an&8 acre parcel Wa�la Coy
Tax Map 2,�'1alOA,,•Tax Lots.'10t1,`}8(10',':.:
�,, ....#,..;���..r�c, �r, 1 Wash.Co."f' 1'Kap 251-3D1�,Tax Lots,. , , "".s. ...�:....«..,.«...�.�. •• -�' 801,.900, illtkD, 1�.a0&.1500)and a.zone.,,
' , 4,1,' ',} �/ � 4 ign r'e) map amendment}'from 11-10 ",SSingle'
�' ' ,} Family Residential".to,CPs"Commer
.. : , ° , , , W... day of vial Pr'of'essional" oIk panels totalling
,,% cubscribed.and,sworn to before me this «._..--........:« 3.56 acres (Wash.,.Co. Tax Map 77 tie$OD Tax L Da 900 and the eastern or-
• ....,aV: ,.� r•«., :� , .,. t`5.3 �ondikivnal°Use CU 37-`y'1(I''ai`A)...
• ""' fir' '�r , r,,,,' � ,.,.,, �,,•�g t I • " `�%;, r, .
►�,,,c,,nt:,10
..w:. A request by Dave Parr for a condi-'o of Oregon tional use permit for 12 duplexes in a
. R,-7 Sicngle.Familyr Residlentia.l 2;one on'
6 n. side of S.W. Durham.Road (Wash.
My commission expires *« .. .._- « . 19 i Co.Tax Map 2S1»11D,Tax Lot 1400),
Y 5.4 Conditional Use CU 38.77 (Mil)*
.. ""1`IS i.I M -.4,,.4if d Y P°' i Mr•,SA�k it't. ht. ;"
* . .,x v A request.by Theodore Hunt t(M 1'1
.. Inc.) for a.conditional use per=mit,to',
operate an electronics assembly clan-., ;
parry it saLlvM4:,,'Light.Manufa+�4urizig"f:,'
Zone".°ma 55t`aere parcel at 8C .x SA',{
Burnhi n,Rd.,(Waalb:.Co..'r.....r'alx42Strx,°" A••2AD,Tax ax l ottf W+r ii). ,.,',•1 ,:4,i,, '}ti tl i({`:#WAS f,
•All persona`l}.a int n�1ntere ;3r'i tli' �
hearing'natter?arehlxivited to'appear°'',`
and submit oralssndl rritt:en.teatlinony,,, ,
or submit written t;a;stinzony irz ad�i+arnc+
of the meeting„°;' . ,1 2 y l'll'., i,q u a?1/4► Na'�H
(FT.3 — blialhr'Wav,"',7; 1977)=7,4 ',t,
t • . — -.—.-- ...•,.44..,, ,N, _,......2.,..,.*1 •I
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7 4,.
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(4
AFFIDAVIT OF MAILING
STATE OP OREGON
County of Washington ) ss.
City of Tigard
I, Judith Ann Heise, 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 Plan-
ning Commission
of which the attached is a copy (Market Exhibit A) upon each
of the following named persons on the day of
197 /?, by mailing to each of them at the
address shown on the attached list (Market Exhibit B) , said
notice as hereto attached, deposited in the United States Mail
on the ),ALL,,,-0) day of f) ),pe) 0] , 197Th postage
prepaid. ;
'6(4
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Subscribed and sworn to before me on the 4-TH day of
1•10UE-V1 ItiNtS40 1971 .
_ 012(11111/aAJOS
, Notar 4 Public of Oregon
My comm 4 1 ti Ilq ission expires
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. • rnAk. CITY OF TIGARD
P.O. Box 23357
12420 S.W. Main, Tigard, Oregon 97223
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Dear Properly Owner:
The agenda enclosed for the next , t..c.n ,,, of the Tiaid P1 innit4,, Gouvitission includt
an. item (circled in red) which, dot., its location ndjacent property owned oi or
copied by you or due to your previously inicotcd inter( ot, the C4ty feet,-, obii-
t.
ted to notify you
It you wish to make your view.., 'known in thh, matter, or it you only wiqh to .vn13
ourself of this opportunity to no informed topc( rning this project, the Ti .ud
Planning Commissiln invites you to attend thl:„.., m( etinr,.
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4 AGENDA
0 JICARD PLANNING COMMISSION
NtNember 15, 1977 - 7:30 p m
Fowler Junior High School - Lecture Room
S W Walnut Street - Tigard, Oregon
2 Call to Order:
Roll Call:
Approval of Minutes.
. Communications:
Public Hearings:
A. Staff Report
B. Applicant's Presentation
C, Public Testimony:
• a. Proponent's
b Opponent's
C. Cross-examination
n- D Staff Recommendation
a. Staff
b. Cross-examination
4 E. Commission Discussion and Action
5 1 Zone Change ZC 30-77 (Waymire) NPn
A request by Kenneth Waymire, Waverly Construction, for a general plan and pro-
gram review of a residential planned development in a R-/ zone on a 9.65 acre
. parcel at 8065 S W. Bonita Road (Wash Co. Tax Map 25i. 121 , Tax tot 500)
).2 Zone Change 2X7, 27-7, (Stoneridge) NI(,
A request by Stoneridge Development Company for a preliminary plan an pr(.4ttam
. review of , two phase residential/commercial planned development of an 8.:-1
acre parcel (Wash. Co. Tax Map 281 10A, Tax Lots 700, H0) and Wash, Co. tax
Map 281 3D1), Tax Lots 801, 900, 110C, 1400, 1500) and a tone map amentkponi
Emu R-10, "Single Family Residential" to Cf. "Commercial Professional" on
parcels totalling 3 tib acres (Wash. Co. Tax Oap 281 31)D, Tax Lot 900 and the
eastern portion of Tan Lot 1500)
CEDConditional tse CU 3/-77 (Farr) NP0 e
A request by Dave Farr for a conditional use permit fcr 12 duplexes in a R. i,
Single Paoli]) Rosidentill , zone ot Stratford Subdivision (Wasl.. Co. Tax Map . 0
251 11D, Tax Lot. 1400)
•• ' • .
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AGtNDA
TIGARD PLANNING COMMISSION
November 15, 1977
Page 2
• ' 5.4 Conditional Use CU 38-77 (MTI) MPO
, .
A request by Theodore Hunt (MTI, Inc.) for a ccndl iota' u.06 permit t, opc ,
an electronics assembly company in a M-4, "Light: Manufacturing", zon,J
5.51 acre parcel at 8900 Burnham Road (Wash, Co. Tax Mc,-r 281 2AD, T •
2200)
5.5 Conditional Use CU 31-77 (Tigard High School) (Tabled trom Novembr Ktian-
ning Commission meeting) NP0
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0 A request by School District No. 23J for a conditiona 0. use permit for addi-
- • tional classrooms in a "Ri,30, Single Family Residentiml" zone at 9000 S.W.
Durham Road (Wash, Co. Tax Map 281 14A, Tax Lots 100, 101, 200, 1102, 120U
6. Other Btsiness
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74 Adjournment.
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a 13HT auCOOPANY INC SIIMA 739,000 "39.600 MACHINERY : Eq H-2 O'30 A-'1381-1"GO 0-HALLO AN NEI.LIE 7 251121
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1 3'G 5W RONITA RO PORTLAND, RCOON 97 3 I 14300 SW HIGHWAY 217 TIGARD, OREGON 97?23
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ENGI I ERB•s RVZ YoUS
80015 S.W.OOi '1ME1ROIAL STREET
TIGARD,OREGON 97223
TEILIMPrnox r (503)4330-3458
October 19, 1977
Mr. Richard Bolen
Planning Director
City of Tigard
Tigard, Oregon 97223
Re: STRATFORD CONDITIONAL USE
Pursuant to Section 18.84 of the Tigard Code the following is
submitted as support Jata for this request.
1. The duplex use is compatabl e with the single family homes
proposed and provides a buffer to them between S.W. Durham Rd. ,
a major arterial and also the commercial area to the east of
Stratford.
2. This request is in conformance with N.P.O.
q #5 housing guide
lines for diversified housing to the demand of utilizing
the urban ground available to its s best potential .
Very truly yours,
e
. L. McMon Pooler
Harris-Mc ,ran•g e Associates
WLM jc
Ammimmiimi
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10380 S.W. Sattlex, Rd,
Tigard, Oregon 97223
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CITY OF TIGARD
P.O.Box 23397
• .420 S.W.Main,Tigard,Oregon 97223
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, Kennet L. Miller
8 350 S W. Sattler s.d.
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• Tigard! Oregon 97?23
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P.O.Box 23397
, • ,420 S.W.Main,Tigard,Oregon 97223
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