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MMD2009-00032 MMD2009 00032 HI - HAT RESTAURANT PATIO SLAB NOTICE OF TYPE I DECISION ., MINOR MODIFICATION (MMD) 2009-00032 HI-HAT RESTAURANT PATIO SLAB 120 DAYS = 01-13-2010 SECTION I. APPLICATION SUMMARY FILE NAME: HI-HAT RESTAURANT PATIO SLAB CASE NO.: Minor Modification (MMD) MMD2009-00032 PROPOSAL: The proposal is to place an exterior patio slab in the westernmost parking space at the north face of the building. There is 60 feet provided for 6 extra large parking spaces. The remaining 5 spaces will be reconfigured to 6 parking spaces marked "compact", as they will be less than 8.5 feet wide. The existing tree at the second parking space from the west will be protected and retained. Vehicle wheel stops will be placed to further protect the tree. No covered structure or enclosure is proposed at this time. APPLICANT: Hi-Hat, Inc. OWNER Hi-Hat, Inc. Janet Dowty Janet Dowty 2720 SW 28th Drive 2720 SW 28th Drive Portland, OR 97219 Portland, OR 97219 LOCATION: 11530 SW Pacific Highway,WCTM 1S136DA,Tax Lot 00700. ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520,and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 1 CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. The applicant shall ensure that the six re-configured parking spaces are a minimum of 7.5 ft. wide and 16.5 ft. long with each space marked as "compact". 2. The applicant shall install temporary protection for the tree on the north side of the building during construction and shall install permanent tree protection from vehicles when construction is complete. 3. Wheel stops shall be provided for each re-configured parking space. 4. Upon completion of construction, the applicant shall request inspection by the Planning Division for final approval. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject property is on the south side of Pacific Highway between 68th Parkway and 72"d Avenue. Historically it has been an eating and drinking establishment. No change of use is proposed. Proposal Description: The proposal is to place an exterior patio slab in the westernmost parking space at the north face of the building. There is 60 feet provided for 6 extra large parking spaces. The remaining 5 spaces will be reconfigured to 6 parking spaces marked "compact", as they will be less than 8.5 feet wide. The existing tree at the second parking space from the west will be protected and retained. Vehicle wheel stops will be placed to further protect the tree. No covered structure or enclosure is proposed at this time. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density,or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 2 3. A change that rec :s additional on-site parking in acct, ..ance with Chapter 18.765. The proposal does not include a change that requires additional on-site parking. The parking space taken by the patio will be replaced by re-configuring 5 spaces to 6 compact spaces. Therefore, this criterion is satisfied. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not include a change of use or occupancy, or area increase. There will be no increase in the vehicle traffic. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The proposal does not increase the floor area for a non-residential use by more than 10% excluding expansions under 5,000 square feet. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. Therefore, this criterion does not apply. MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 3 FINDING: Based on the analysis above, Staff finds that the criteria nor minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON SEPTEMBER 15, 2009 AND BECOMES EFFECTIVE ON SEPTEMBER 16, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. ; ti's? (ii‘Arj September 15, 2009 APPROVED BY: Darrel ap"Watkins DATE Assistant Planner MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 4 VICINITY MAP a a MMD2009-00032 'Y n z HI-HAT RESTAURANT SPRUCL S1 PATIO SLAB F: Site PG�xe\G 1 S.X7;;:+:)7"J7 U a_ Information on this map is for general location only and should be verified with the Development Services Division. Scale 1:3,112-1 in=259 ft Map printed at 15-Sep-09 02'50 PM 7 DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGAND MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE ,] CONTENT.ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE z DATA PROVIDED HEREIN.THE CITY OF TIGRRD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS.OR INACCURACIES IN THE :N INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. City of R Tigard SW Hall Blvd TI�ARMAps Tigard,03 OR 97223 503 639-4171 t 2 5 9 1 l waw.t!gard-or.gov • • .. S s �_ � , „ tr Wit 'thy >II/I•••'k .A YJ Y.. . •'�' •4' Allk r r \ r v : tit 4 p. 7:-,,i. t*\,z`'t�'!�,1. tin 1" y�4:term 3Yf,: V. mimip sue+ r a3 o t, .7.:i rD — ra o . .z.V Q. • v: �Ilje L� ^S6p- r • lir 1.1 ' 111%' _ 4001 ' ...• , ,. -.,., ::„ Li i ' 4114. ' .. -''''!:' ." '''''' -' t y :, 'o-A • ce r°yi t i r . .-,, .. * .;g o*� S y Y J '+C+ ' 1 rirp4 '- _ "%F [,,y / »� CITY OF TIGARD �// Approved t _ 1 -,nditionatly Approved ( 1 F.n•only the work a eserr I P[9MIT NO.&Mt14/. 7� See Letter to:Follow t 1 Attach.,, t 1 Joh AdCr s:l t S'''/1 44141... � iota;6,`. ._... ._ MAILING RECORDS AFFIDAVIT OF MAILING I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: {awl,APP. Box) w) © NOTICE OF DEQSION FOR MMD2009-00032/HI-HAT RESTAURANT PATIO SLAB (File No/Name Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on September 15,2009,and deposited in the United States Mail on September 15,2009,postage prepaid. OX9‘. (Person that Prep d Notice STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of T-6A7 ,2009. OFFICIAL SEAL SHIRLEY L TREAT , ® NOTARY PUBLIC-OREGON () COMMISSION NO.415'777 g- L.1/ , „S MY COMMISSION EXPIRES APRIL 25,2011 1'!�C fit N TARY PUB C OF OREGON My Commission Expires: 41)--57/1<< EXHIBIT A NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2009-00032 lig _ HI-HAT RESTAURANT PATIO SLAB TIGARD 120 DAYS = 01-13-2010 SECTION I. APPLICATION SUMMARY FILE NAME: HI-HAT RESTAURANT PATIO SLAB CASE NO.: Minor Modification (MMD) MMD2009-00032 PROPOSAL: The proposal is to place an exterior patio slab in the westernmost parking space at the north face of the building. There is 60 feet provided for 6 extra large parking spaces. The remaining 5 spaces will be reconfigured to 6 parking spaces marked "compact", as they will be less than 8.5 feet wide. The existing tree at the second parking space from the west will be protected and retained. Vehicle wheel stops will be placed to further protect the tree. No covered structure or enclosure is proposed at this time. APPLICANT: Hi-Hat, Inc. OWNER Hi-Hat, Inc. Janet Dowty Janet Dowty 2720 SW 28th Drive 2720 SW 28th Drive Portland, OR 97219 Portland, OR 97219 LOCATION: 11530 SW Pacific Highway,WCTM IS136DA,Tax Lot 00700. ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520,and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 1 CONDITIONS OF APPROVA PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. The applicant shall ensure that the six re-configured parking spaces are a minimum of 7.5 ft. wide and 16.5 ft. long with each space marked as "compact". 2. The applicant shall install temporary protection for the tree on the north side of the building during construction and shall install permanent tree protection from vehicles when construction is complete. 3. Wheel stops shall be provided for each re-configured parking space. 4. Upon completion of construction, the applicant shall request inspection by the Planning Division for final approval. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject property is on the south side of Pacific Highway between 68th Parkway and 72" Avenue. Historically it has been an eating and drinking establishment. No change of use is proposed. Proposal Description: The proposal is to place an exterior patio slab in the westernmost parking space at the north face of the building. There is 60 feet provided for 6 extra large parking spaces. The remaining 5 spaces will be reconfigured to 6 parking spaces marked "compact", as they will be less than 8.5 feet wide. The existing tree at the second parking space from the west will be protected and retained. Vehicle wheel stops will be placed to further protect the tree. No covered structure or enclosure is proposed at this time. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed.There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 2 3. A change that req, .s additional on-site parking in acct. .nce with Chapter 18.765. The proposal does not include a change that requires additional on-site parking. The parking space taken by the patio will be replaced by re-configuring 5 spaces to 6 compact spaces. Therefore, this criterion is satisfied. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not include a change of use or occupancy, or area increase. There will be no increase in the vehicle traffic. Therefore,this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The proposal does not increase the floor area for a non-residential use by more than 10% excluding expansions under 5,000 square feet. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. Therefore, this criterion does not apply. MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 3 FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON SEPTEMBER 15, 2009 AND BECOMES EFFECTIVE ON SEPTEMBER 16, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. Ati if/ Or 1, September 15. 2009 APPROVED BY: Darrel 41h'op"Watkins DATE Assistant Planner MMD2009-00032 Hi-Hat Restaurant Patio Slab Decision 091509 Page 4 VICINITY MAP J J 7 J z a MMD2009-00032 O 1— z '� s cNI HI-HAT RESTAURANT SPRUCE ST PATIO SLAB 11 Subject Site • ! �rw X\ 6 QCAN 1513�G1A]37ll U Q Y a I- oo to Information on this map is for general location only and should be verified with the Development Services Division. • Scale 1:3.112-1 in=259 ft Map printed at 15-Sep-09 02:50 PM t DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD J MAKES NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE CONTENT.ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CRY OF TIGARD SHALL ASSUME NO .1 LIABILITY FOR ANY ERRORS OMISSIONS,OR INACCURACIES IN THE INFORMATION FRONDED REGARDLESS OF HOW CAUSED City of Tigard SW Hall TIGARDMgps 1Tgard,OR 97B 3 0 25$fl 503 639-4171 ■ www.tigard-or.gov Ms f Via.3,1. . c L�. A'• 4 V. Ilta 14. 4 . ,,,,.. - , ' :,, .,,,-)...,...........„ , '..'J.,:., '',. ,:_,.,. ,�yy, ra ' o® 0 4 All t k }} CD ra ilk 2...R t. , , .,_ Itt 7 ryv .4 O „,....._•_,••••7.0„.• ... .. .10.6.. 4,....) L:,., ,f• 4N ,1 RI ,.. . c, ',.....................".010.011M...40.4.60.10.ftil IP A 1 > ir 34 Wk lik do V n p J 4010. �p _ _ y 4 • itir r-. "'--- 1 4, / , .T. v /. c TV OF TIGARD V Approved ( _ ,nditlonally Approved t 1 c.)r only the work asI,described In• r_4MIT NO.J'1/M!'•419--" °•` See;-cite'to:Follow i 1 p AtiaGh- -I 1 r,; Nit, i, i ,.ln" . Hi-Hat, Inc. MMD2009-00032 Janet Dowry HI-HAT RESTAURANT PATIO SLAB 2720 SW 28th Drive Portland, OR 97219 EXH I B IT(f ) Hi Hat Inc. 11530 SW Pacific Hwy Portland, OR 97223 1S136DA00700 HI HAT INC 11530 SW PACIFIC HWY PORTLAND,OR 97223 cos-/.09 AAPLez. [ CEIVED IIICity of Tigard SEP 1 0 2009 Minor Modification — Type I Application ✓ r (GENERAL INFORMATION • In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address/Location(s): Title 18 of the Tigard Development Code. To complete 11> Z7) 5 P/4v4 lc-- 14G,-‘1` this review, the Applicant's proposal must include a Tax Map&Tax Lot#(s): / /360 DA 0070 discussion indicating how the site expansion/change will L- 't - continue to comply with the maximum setback, building Site Size: ,���L rQ height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: Jh g--17 D L i Y storage, non-conforming situations, signs, and tree Address: •2'7 7-0 5(.4.-) 2 1)%Z removal may also be applicable depending on the type and • City/State: Po'LT LA^10 (9& Zip: '7 9 location of the proposed modifications. Primary Contact N 2.M Phone:»3-LY-B-5533 Fax: 5-4,1-ZZ`f-363g E-Mail: .n) low 7'1 eit.H co..r 57, Go NI Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) /1)i' G4 `7 i , `t 1 1 ,_1 (Applications will not be accepted without the following required submittal elements) Address: Phone: � City/State: Zip: L..l Application Form Owner's Signature/Written Authorization * When the owner and the applicant are different people, the Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an Site Plan(3 Large Plans&One- Reduced to 81/s"x agent of the owner. The owners) must sign this application 11") in the space provided on the back of this form or submit a pplicant's Statement/Narrative(3 copies) written authorization with this application. iling Fee $579.00 Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) - Site Development Review or Section 18.330.020(B)(2) -Conditional Use. If the FOR STAFF USE ONLY modification exceeds the maximum allowed under any one or • more of the criteria, a Major Modification review is required. Case No.(s): H �' ' ��3 Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Other Case No.(s): Applicant's Statement: Receipt No.: /?S1°61 The applicant's statement must include a summary of the Date: 'II Of D proposed changes. Criteria in either 18.360.050(B) or S �� � 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: to each criterion. Failure to provide the information needed Date Determined Complete: to process the application would be reason to consider an Revisal: 1-lui-09 application incomplete and delay is\curpin\mastett\Iand use apphranons\minor modification app.docx review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page .1 of 2 • 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 site 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, induding 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 '2E/' / ,20 cp y . S ►, r\f, s j — - ry 74* a r )/etiit1"- D v wi 1 Owner's Signature , z`✓t r i Lou IA .!--,4 .'6-ei7 -7. -e;:.-/C—C-2-7 K' • Owner's Signature 5 Tit Lu J I A Owner's Signature (.:::::—',,‘Ie"---10'7 4..../ e..,1 ( i Owner's Signature G"-La yes L"al AZ Owner's Signature s.....�s.n..�,..�,w.�.�, . . ...,...R.�. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 'Received: 4/26/99 12:36PM; -> R & H CONSTRUCTION; Page 2 Apr-26-99 12 : 22P P. 02 Fidelity National Title Co. of Oregon NMI 6n The sketch below is mode solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by octual survey. -)Uv fit-74" �wk X6.5 „n�M'� -/ ��/ Y�,,, I WASHING • 600 I _ S Ku' COO.• • (‘.° 0 dr •1 SPN eye s. (if( 1 t.19AC nJ C-W /•I r `i. ' I ^I J i.v., •°°s'°4 700 5l 13,76 -21:ii � l� 4•� D.SSAe : 1 i1 '.411 -fl/'°� XI 1 \G� \ - 800 r OJ7AC. z 1w) d, - ?. : 1 I / 1p S .I 1 + — — -- 900, r! Oa c c.a — — — — — tQ 5.3?Ac _ It z�-x :1 o lien/ 2400 ° X) I fir CI a� I J I•G ` ai I ,\ Qp, 1000 I1c s ea 1131101 i i ■ I I I \1�� )\ Y 1 4141 : • f $..•esNe I I thitir *P.°- 4141 901 1 I ^ 1 1 0 1 I 72Arl 2 4 - !.lIC r0 - b�` I I t 1 _ . l E3 I -1 1 s 4 ^I • : KNOW ALL MEN BY THESE PRESENTS, Thar OTTO HVk.NLL :na ♦'l.Vxbrss,f, A. RUCHLE, husband and wife. , hereinafter celled the grantor,Inc rl nsidrralfun hereinafter staled. la IA to grantor paid by T. INC. , an Oregon corporation n / M , hereinafter culled Ihr grantee. dOes hereby grant, bargain, .01 Aral convey unto the ink) grrintee and granter's ;miry, surcr'o r9 and estitIne, that certain real property. with the tenement, I terrditaotenft and opputtenancr• then-unto belonging ur,bpertnrrnng.sir• J L. voted in the County of Washinyti.n and State of Oregon,described as follow.. n.-wit. T ! Beginning at a point on the .'Jest line of the Northeast quarter i of the Southeast quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, ili t I Oregon, which point is )U54.5 feet North of the Southwest corner of the Northeast quarter of the Southeast quarter of Q said :section; thence . apt X1,. 2 feet: thence North 435 feet, more or less, to the County ,Road known as the West Side Pacific t� Highway: thence South 530 12' West ulony said road to the west line of the East one-half of the East one-half of Section 36, Township 1 South, Range 1 West of the Willamette Meridian; thence cz South to the point of beginnino. situate in the County of t Washington, State of Oregon. i , To Nave and to Hold the same unto the said granter ant!grenrer•,, lie,,., µ,Ccrs'nn and n.ssigna forever. , And said grantor hereby rn•rnnnt$ to and with snirl gr,ltitc, And ,;ranter•.. heirs, .suecesmots and asSign', that • grantor is lawfully seised in lee simple of the ribose granted prrmi.ey, free from nil encumbrances, save and except the rights of the public in and to that port of the herein described premises lying within the boundaries of roadn and highways, and save and • except that certain casement disclosed in deed reco.:Jed July 24, 1951, in Book 323, Page 103. as follows: "Subject to and together with an easement • i for roadway". $ . t • f 'E and that 1 grantor will warrant and forever defend the above granted premises and every pert and parcel thereof again.,the law- ' ful c/aims and demands of all persons whomsoever, except flour claiming under the above described encumbrances. r The true and actual con,ideration paid for this flan./e•r• stated in rrrmy nl douar.. is $ 38,u00.00 I *IVARWAkStkOCIIXWVXWer* Intl*R7 MVA Ie c x7CkW*JEttUnkRK1 X XIKOK}C100XXXVOCMX*N76XRbRbtrlt In construing this deed and where the canter( st requires, the singular includes the plural. • WITNESS grenror, hand this 11th ,ray of July , to 69 • y�,j(, /'AA-ikki . • � � i •..••(.•(.4„ ... ' - . L-1..-.../..<A,_ _ A Jul 11 19 69 STATE OF OREGON, County of Multnomah ) ,., July VI lPersonally appeared the above named Otto Ruehle and Florence A. ituehle, .t' ,J.•hueband and wife, I `� in¢••ecknowledged (hr foregoing instrument fo he their /f , hrrttary act and deed. y i Before rile. C2 -rIeuk.6e4j Notary Public for Oregon 1 My commission expires 10/3 /69 • ii• '1e/4111. Ir(r.>1...,. Mr.... w. .r..a.t.(7;• it.0 grrit•►1•• .1..I4 be e.4$.e 1..em.•.•.Mr. 0.•...le.,.017 at....d,/by a,. iou{t.e..l s.,..r I •. :)I' • iv, WARRANTY DEED STATE Of oRE(Or4 17' OTTU ItUEHLE ET UX County at woshirytnn 69,NDEXEL) I, Roper Th moon Dtractor of RKO.ds Tin and Eiepicnl end E.-Oflicao R•corder of Con- .� *mystics* for sold county, do heretry rrrtlfy co rap.■ we TM. that the calla HI-HAT, INC. , an Oregon er„re rest•.,. roam ad o•W ..corld..4 ..must of 1.01 r. /sy�,� CO roc ecco.n..e !-1 •• •r, CU corporation ..e.....crv. Na. yffd <r.; .., T,ee e••.•.. of Bold County • .ero.OIMO Re•URN TO UI'r . Warw.., my hood and snot ofll•ed. W. F. Whitely ROGER TI10MSSCN, D/recto, of •4;';i';• 1023 Public Service Bldg. Retorts & Elections L Portland, Oregon 97204 n . in RmK 752 PACE 754 n'°11" i 3 ��rK.0 I , Am- 1 ZO - d vZ£ = ti 66-LZ-•Adt1 E e6ed `NOII_OflldkSNOO H '8 U <- `-Wyg}r: l l eeizeib :PanTaaaa Minor Modification Applica tateme n t/Narrat;v e RE: N;Ha ac'tc 1153 SW Hwy We will be turning a existing parking s po t into a :ee: i0r: ce. See si to Tt wi/btriping arereny YgSpaceatpces site pan The proposed minor mOaif;catio not involve anY of the eva/uati ` °n criteria i n 18'3gp.05 pB that wo dresu/t;n a major modification. / / 7' � 7,,,Z--r -3/1&-7, — . s'‘ E. 3/--7- 527/c7- --- ..7 . #/i ( grrimei) cfrivtipte---74 Hi HAT RESTAURANT MINOR MODIFICATION REQUEST 18.360.050 EVALUATION CRITERIA 1. Does not apply as we are not a dwelling or residential development 2. Does not apply as we are not a dwelling or residential development 3. The proposed patio will not significantly affect the occupancy of the site. The parking space taken for the patio is being replaced onsite in an approved way. 4. There is no change in the type of commercial structure. 5. There is no change in the height of any building. 6. There is no change in accessways or parking that would affect off-site traffic. 7. There is no increase in vehicular traffic to/from site due to the proposed patio. 8. There is no increase in floor area of the building. 9. There will be no reduction in the area reserved for common open space an/or usable open space. 10. There will be no reduction in the project amenities due to the proposed change. 11. There are no modifications to the conditions which are not the subject of B1-B10. CITY OF TIGARD RECEIPT 2 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TiGARD Receipt Number: 175169 - 09/10/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00032 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2009-00032 Minor Modification to an Approved Plan- 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 43180 STREAT 09/10/2009 $579.00 Payor: Hi-Hat Inc Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 r ' * i, ! ,f1r if s �i 1 ! 0 % ,pS is , ', • d '` £ '?a . ✓3 � v 1 �b p c p l xis^u ! zko ,ptu--4r. .3S :,,rt G/ ' •M1 , .J• 1 , .T.GrI 1 ,4 !•{ .j: .` ; .. 4' ''..611r...-'-' !`sal ';',-"t'.,r., V{ Myk l :*i lam 'M � 0. 4 41 r , ,.„. O ... •_, r. O..— f � . o ,� •a * ' :-.0.7. , ► � kit„ � 411 i ' ..;'..: �� 1 1. 4 J '!.'. tit ,41,i.': ,1�, n , . ., .„, .-, := ,,,,,. ....,,, ...„ ,..., A `4 .: ;V' 401' .:- ''' t :■• '; 4 ,... , ... waw.4 ... r.. _ Ilip.-- , s �. , 0 -7 N. rn CITY OF TIGARD Approved ( V ] r nditionally Approved F ar only the wo as described i : PERMIT NO. - 14, Attach See Letter to: Follow I I Job Addy :/55a c -•-! 'w er _-�� ._.-•_. . hate:,= . ; •_� "Il •n fT�'l r1.te : . I 't : t fi Oo - 5r 1 li I ' • .i ., ,tip:. �.„y w 9i'" ^e' i r. i +3? grid d t ., mtt P- ' DS . D 5'n �. �. f c.,..., . �, . r _ , :. '"11"'*, Nt, 1%ii‘:,..,:*4:1. 3 L` - - .-. - .. -. .. ty .. 1 , b 'fix?.. _ .«:.ti'_ - g, r: O O ea 7711111 . di _ 1% - "1:, _ ..., . . , , _ h it@ p,fi..-qk er A `" ' ..� , . �, � ins ',9 _ A A III eto ci% .J% V _ isimmiersjilr—i" J .. �.- 0 N Y a I 'tiwe a l t ti yqF L r rwm.pind Ile ntr , a- t t - lb CITY OF TIGARD [ j Vi Approved j inditionally Approved F Jr only the work as descriVd in: Pa 9MIT NO.IV iv 11417- 40-9 See Letter to: Follow Attach. •.. ----1 1 .lob Addr;`<s: r 4 _ Date; • J -' j v I A