MMD2008-00013 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
•
•
T I GARD
August 26, 2008
John Albright
8618 SW Avon St.
Tigard, OR 97224
Re: Permit No. MMD2008 -00013
Dear Mr. Albright:
The City of Tigard has canceled the above referenced permit(s) and enclose a refund for the
following:
Site Address: 13300 SW Pacific Hwy
Project Name: John Albright dba Musette
Job No.:
Refund: ® Check #59010 in the amount of $574.00.
❑ Credit card "return" receipt in the amount of $
❑ Trust account "deposit" receipt in the amount of $
Notes: Minor modification is not an option; must submit for site development review.
Refund 100% of application fee.
If you have any questions please contact me at 503.718.2430.
Sincerely,
Dianna Howse
Building Division Services Coordinator
• Enc.
•
1: \ Building\ Refunds \Administra tion \LtrRefund- CancelPermitdoc 01/16/07
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard- or.gov . 2"TY Relay: 503.684.2772
• 1,1
City of Tigard
TIGARD Tidemark Refund Request
This form is used for refund requests of land use, engineering and building application fees.
Receipts, documentation and the Request for Permit Action or Refund form (if applicable) must be
attached to this form. Refund requests are due to Tidemark System Administrator by Friday
at 5:00 PM for processing each Monday. Accounts Payable will route refund checks to Tidemark
System Administrator for distribution. Please allow 1 -2 weeks for processing.
PAYABLE TO: John Albright DATE: 8/11/08
8618 SW Avon St.
Tigard, OR 97224 REQUESTED BY: Dianna Howse
ST
TRANSACTION INFORMATION:
Receipt #: 2008 -2376 Case #: MMD2008 -00013
Date: 7/7/08 Address /Parcel: 13300 SW Pacific Hwy
Pay Method: Check Project Name: John Albright dba Musette
EXPLANATION: Minor modification is not an option; must submit for site development review. Refund
100% of application fees.
REFUND INFORMATION: .
Fee Description From Receipt Revenue Account No. Refund
Example: [BUILD] Permit Fee Example: 245-0000-432000. $ Amount
[LANDUS] Minor Modification 100 - 0000 - 438000 $500.00
[LRPF] LR Planning Surcharge 100 - 0000 - 438050 74.00
TOTAL REFUND: $574.00
APPROVALS:
If under $500 Professional Staff
If under $7,500 Division Manager
If under $22,500 Department Manager
If under $50,000 City Manager
If over $50,000 Local Contract Review Board
FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY,
�.
t - Case Refund Processed: Date: I /1Q� I By: I �'"�</
I: \Building \Refunds \RefundRequest.doc 05/23/07
Community Development
TIGARD Request for Permit Action
TO: CITY OF TIGARD
Building Division Services Coordinator
13125 SW Hall Blvd., Tigard, OR 97223
Phone: 503.718.2430 Fax: 503.598.1960 www.tigard - or.gov
FROM: ❑ Owner ❑ Applicant ❑ Contractor ® City Staff
(check one)
REFUND OR Name: John Albright
INVOICE TO: (Business or Individual)
Mailing Address: 8618 SW Avon St
City /State /Zip: Tigard, OR 97224
Phone No.: 971 -344 -2888
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (
® CANCEL PERMIT APPLICATION.
• REFUND PERMIT FEES (attach receipt, if available).
❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below).
❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit).
Permit #: MMD2008 -00013
Site Address or Parcel #: 13300 SW Pacific Hwy
Project Name: John Albright dba Musette
Subdivision Name: Lot #:
EXPLLANATION: MMD not an option, must submit for a Site Development Review
fa / Ui 9
Signature: AJ% t44-ct Date: 8/6/08
Shirley Treat
Print Name:
Refund Policy
1. The Director or Building Official may authorize the refund of
a) any fee which was erroneously paid or collected.
b) not more than 80% of the land use application fee when an application is withdrawn or canceled before any review effort has been expended.
c) not more than 80% of the land use application fee for issued permits.
d) not more than 80% of the building plan review fee when an application is canceled before any plan review effort has been expended.
e) not more than 80% of the building permit fee for issued permits prior to any inspection requests.
2. Refunds will be returned to the original Payer in the same method in which payment was received. Please allow 1 -2 weeks for processing refunds.
• . FOR OFFICE USE ONLY
Rte to Sys Admin: Date By Rte to l Admire: Date /24/0 4% By sr'
Refund Processed: Date Aliv Y By .? • Invoice Processed: Date By
Permit Canceled: Date By "712— Parcel Tag Added: Date By
Receipt #t "oZ Date ?V7 /0,f- Method C.4 e Amount $
I:\ Building \Forms \RegPermitAction.doc key 07/26/07
CITY ®I' TIGARD 7/7/2008 • .
•
13125 SW Hall Blvd. 9:03:03Am
Tigard, OR 97223 503.639.4171
ifoA &D
• Receipt #: 27200800000000002376
Date: 07/07/2008
Line Items:
Case No Trail Code Description Revenue Account No Amount Paid
MM D2008 -00013 [LANDUS] Minor Modification 100- 0000 - 438000 500.00
MMD2008 -00013 [LRPF] LR Planning Surcharge 100 - 0000 - 438050 74.00
Line I tem Total: $574.00
Payments:
Method Payer User I D Acct. /Check No. Approval No. Fl oe• Received Amount Paid
Check DBA MUSETTE JOHN W ST 1046 In Person 574.00
ALBRIGFIT
Payment Total: $574.00
•
cRaripi.il'i
Put,: I of
WITHDRAWN
MMD2008 00013
MUSETTE
CHANGE OF USE
City of Tigard
TIGARD Memorandum
To: Musette Minor Modificaton, File # MMD2008-00013
From: Gary Pagenstecher,Associate Planner
Re: Withdrawal of application and refund
Date: August 7, 2008
The application for a change of use from personal services to an eating and drinking establishment
for an existing non-conforming building located at 13300 SW Pacific Hwy could not be processed
as a minor modification. The narrative was in error in determining that none of the Minor
Modification criteria applied to the proposed change of use. In fact, the proposed change requires
additional on-site parking and therefore requires an SDR to proceed. The applicant will be refunded
the application fee.
APPLICANT
MATERIALS
MANOR MODIFIC±f ION
TYPE I APPLICATION l74'c
City(/' Permit Center 13125 SW Hall Bhd, Tigzrc4 OR 97223 J 04 0 i/
Phone. 503.639.4171 Fax:503.598.1960 ,a ',> 1 4(%40 008
GENERAL INFORMATION • fl Ala/ �PA
Property Address/Location(s): / 3 3 o SW P4e_i wt
lO-4(2-p , o2 47 7-7-3 FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): 'Z 5 1 O-z_ C._ Q O 2 1 0()
Case No.(s): 14,p4h tn)013
Site Size: 1,1 x Zv Other Case No.(s):
Applicant*: Jo 14( I► e .1 . (3A MU SE TTE Receipt No.: 9078 a 37
Address: eiLLEb cj A VON SPT
City/State: Zip: Application Accepted By: Sf r
ry 'f!CrPR� p: 9'�Z'1-�f
Primary Contact: �pi{� Date: �
I �
Phone: q 1 _ 344f_7ttFyB Fax: d i �j .
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete:
Rev.Sk CA e t Der-ER- \c utp ln\m a
sters\land use applications\minor modification app.doc
Address: (.,DOS t-({h �4v . N L Phone: zo-gZc- 59 3`1
Cry/State: Sa -rrL..E, WA- Zip: '.911
When the owner and the applicant are different people, the applicant must be the REQUIRED SUBMITTAL ELEMENTS
purchaser of record or a lessee in possession with written authorization from the owner (Note: applications will not be accepted
or an agent of the owner. The owner(s)must sign this application in the space provided without the required submittal elements)
on the back of this form or submit a written authorization with this application.
PROPOSAL SUMMARY ❑ Application Form
The owners of record of the subject property request permission for a Minor ❑ Owner's Signature/Written Authorization
Modification. To review a modification as a Minor Modification, the Director must
first find that the expansion does not invoke one or more of the 11 criteria discussed ❑ Title Transfer Instrument or Deed
within Section 18.360.050(B) of the Tigard Development Code. If the modification
exceeds the maximum allowed under any one or more of the following criteria,a ❑ Site Development Plan(3 copies)
Major Modification review is required. Major Modifications are processed in the
same manner as a new Site Development Review. In a separate letter, please ❑ Site/Plot Plan(reduced 8�/1"x 11")
address the criteria below contained in Section 18.360.050(B) including a detailed ❑ Applicant's Statement(3 copies)
response to each criteria.
(Addressing Criteria Under Section 18.360.050(B)
1. An Increase in dwelling unit density or lot coverage for residential development. ❑ Filing Fee $574.00
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chapter
18.765.
4. A change in the type of commercial or industrial structures as defined by the In addition,the Director must find that the proposed
Uniform Building Code. change complies with the underlying standards of the
5. An increase in the height of the building(s) by more than 20%. applicable zoning district. To complete this review,
6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion
traffic would be affected. indicating how the site expansion will continue to
7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height,
to exceed 100 vehicles per day. parking land landscaping standards. Other
8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Gear
10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections
9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the
space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on
code or reduces the open space area by more than ten percent. the site.
10. A reduction of project amenities (recreational facilities, screening, and/or,
landscaping provisions) below the minimum established by this code or by more
than 10%where specified in the site plan.
11. A modification to the conditions imposed at the time of Site Development
Review approval that are not the subject of Criteria 1 through 10 above.
APPLICANTS:
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on
the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
♦ All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants
so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for
approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of ,20
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
May 22 08 02: 39p p. 1
APPLICANTS:
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEME NTS as described on
the front of this application in the"Rcquirrd Submittal Elements"box.
(Detailed Submittal Requirement Information sleets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions dsatmay be attached to or imposed upon the subject pnzlzm.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and
limit coons of the approval
♦ All of the above statements and the statements in the plot plan,attachments,and exhibits t ansmitted herewith,are true-,and the applic-arrs
so acknowledge that any permit issued,based on this appli Lion,and may be revolted if it is found cbgr any such statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for
approving or denying the application
SIGNATURES of eat owner of the subject property.
DAZED this �t day of ,20 D�
4
Owner's Signature 11010 Owner's Signature
Owner's Signature Owner's Signanne
CITY OF TIGARD 7/7/2008
13125 SW Hall Blvd. 9:03:03AM
Tigard,OR 97223 503.639.4171
TIGARD
Receipt #: 27200800000000002376
Date: 07/07/2008
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD2008-00013 [LANDUS] Minor Modification 100-0000-438000 500.00
MMD2008-00013 [LRPF] LR Planning Surcharge 100-0000-438050 74.00
Line Item Total: $574.00
Payments:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check DBA MUSETTE JOHN W ST 1046 In Person 574.00
ALBRIGHT
Payment Total: $574.00
crteceipt.rpl Page 1 of I
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07/03/2008 14:36 FAX 503 671 0535 PAC NW TITLE CUST SERV 1003„..„,..
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ELI'"A"
PRO•ERTY NO.1
Tax Parcel Number: R0137113 '
Property Address: 5390 SW Main Avenue
. • Beaverton,OR 97005 •
• Property Description: , •
Beginning at an irori,pipe at the Northwest corner of flock"B"in the City of Beaverton,County of
Washington anti State of Oregon,miming thence North 73°30'Bast along the Northerly line of said
Block"B",7260 feet to an iron pipe;thence South parallel to the Westerly luxe of the block,,100 feet to
..an iron pipe;thence South 7$°30'West. allel with-t#e Northerly line 7160 feet to an iron pip thence . -
:North•100 feet-to the point of beg g.; : • '
•
.
i PROPERTY NO,2
Tax.Par eel Number, R0461173 .
'Property Address: 9240 SW Center Street
Tigard,OR 97223 . , .
Property Description: .- .
Aportion of Lot 64;AMENDED PLAT OF NORTH TIGARDY ,LE,in the City of Tigard,County of .
Washington and State of Oregon,more particularly described as follows: .
Beginning at the Northeasterly corner of that tract•described in deed to Dean B.Mosier,et mt,recorded
April 1, 1957,in Book 392,page 454,Wallington County Deed Records;thence South 34°39'West
along the Easterly line of said Mosier'Tract, 100.00 feet to a point thence Sow 64°37 East 140.00 feet
to a point;thence North 34°39'East 100.00 feet to apoint in the center of S.W.Center Street(County . - -
. • Road 972);thence No 64°37 West along.said center line 140.00 feet to the point of beginning. : .
• • ` ' QPERTY NO..3 • .
Tai Parcel Number. R0465909
Property Address: 13300 SW Pacific Highway _ ' •
. Tigard,OR 97223
•Property Description: .
_ Beginning at the Sou ths*at comer of Lot 8,being the Northwest corner of Lot 10,FRBWINGS •
ORCHARD TRACTS,in the City of Tigard,County of Washington and State of Oregon,being a part of
•the George Richardson Donation Laud Claim No.38,in Section 2,Township 2 South,Range I West,of
the Wila niette Meridian;thence South along the West line of said Orchard Tract,93.7 feet;thence
North 625'West 137.3 feet to the East line of the Taylor's Bridge Road;thence North 27°35'East '
along the East line of the said rand 80.00 feet to an iron pipe;thence South 81°49'East 99.5 feet to the
point of beginning,
07/03/2008 14:35 FAX 503 671 0535 PAC NW TITLE OUST SERV IJ002
— ---- — was cowry, i 2007-057932
Use k C..ch,Trustee,Successor Trustee,Cull Aly Revocable Trost I D5f2a_.07 09:59:45 A16
6003 4"Avenue NE D.pry Cited 6tnv21 RECOR0et
Sank,WA 98115 $10.06 Woe 511.00-Taw 3 527.06
II
s.K end"6"6 1 Csch Family Smell Frupertics,LLC
,/o John Wimp*-Recency 670 SW Wt•1ght+vood CourtM� utL Inc, l
Tigard,OR 97124 .ean� 01119110200700579520020020
4 WcJM FSobertddrtt.Olmetdr a *,w,,r ent nd .._�
Taxation and iraRlde COY*/CIAO torYVondnpten
Me leeerd1. Mira to Wont M& Zp ' County,X604 di florae%o.M►Y dedt the IAttdq 14-0.IMtnraIM Y wtlttrp■4*nn�Ynd W 4 dad In tha M r„•F.Andersaa, leik01r10n?de anldedu M Roger Attorney et Caw •.',ij
6565 SW Center Shat wonud Hoh,nko+t,Otr er N Asaumord and
Tigard.OR 97223 Tuauon,E:-Off do Cooley C►rt
clew mingled atwa+na,need nD tax a gmenu to(Nnrne,Mere.Z :
Regency Maaageman,hie.
John Why:piet
13670 SW Wrightwnod Court
Ti5Wd,OR 97224
STATUTORY WARRANTY DEED
Lisa A. Cache Trustee and Successor Trustee of the Cach Family Revocable Trust dated July 1,2002,and Lisa
A.Cach,Trustee and Successor Trustee of the Gerald C.Cach Credit Shelter Trust,Grantor,conveys and
warrants to Cacti Family Small Properties,LLC,an Oregon limited liability company, Grantee,the following
described real property in the State of Oregon,County of Washington,free of encumbrances except as
specifically set forth herein.
ALL OF GRANTOR'S RIGHT,TITLE AND INTEREST IN THE PROPERTY DESCRIBED IN
EXHIBIT"A"AND ATTACHED HERETO.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 197.352. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 197.352.
The true consideration for this conveyance is: NONE
Dated this /3 day of 2007.
LIS A.CACH,Trustee and Successor Trustee
Cach Family Revocable Trust(July 1,2002)and
KLiplisli Gerald C.Cach Credit Shelter Trust
STATE OFVI4 ,,y�. t�"'"F*!� rrii
)Ss. : s: 4►c)T�Q ��i,
County of K.t. _ ) :'tA - • • °s
This instrument was ac Ja gy fie on l lr 13 2007,by Lisa A. Cacti.
C�jE:a,ten,.�` ,
Notary Public for (./ . tic dS
My Commission Expires: 2 •21 `�
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6/25/2008
To: City of Tigard Permit Center
From: John Albright
RE: 13300 SW Pacific Hwy., herein known as "Musette."
In response to Minor Modification criteria contained in Section 18.360.250(B) of
Tigard Development Code, please find the following:
1. Not applicable (Musette is not residential development.)
2. There is no change in ratio or number of different types of dwelling units.
3. There is no on-site parking; Musette occupies 420 square feet.
4. There is no change as to the type of structure per Uniform Building Code.
5. There is no change as to the height of the building.
6. Not applicable, as there is no parking available.
7. Traffic to and from the site will remain far less than 100 vehicles per day.
8. There is no increase in floor area.
9. Not applicable; there is not now nor will there be "common or open space."
10.There will be no reduction in project amenities (i.e. landscaping)
11.There should be no modifications imposed additional to the above conditions.
Musette Notes
Musette is categorically a pocket deli designed for quick service of
espresso beverages, breakfast and lunch items, and desserts. Limited
seating will be available, with an emphasis on to-go service.
The key customer demographic will be comprised of neighborhood
residents and local business owners and employees.
Service of alcoholic beverages is not a part of the Musette plan either
presently or long-term.
Musette will function as a catering commissary as a future goal.
Development of the space is mainly cosmetic; new flooring, paint and
decor comprise most of the improvements. Minor mechanical,
electrical and plumbing projects will complete the remodel, following
Minor Modification approval.
The particular stretch of Pacific Highway on which Musette sits is rich
with chain and franchise eating places; Musette will provide a unique
and interesting alternative featuring tasty, inexpensive meals and
snacks served up with friendly, snappy service.