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MMD2006-00013 MMD2006 00013 DALTON' S CATERING RESTAURANT ADDITION City of Tigard, Oregon 13125 SW Hall Blvd. • Tigu,,�, OR 97223 • q December 4,2006 TIGARD David Dalton 8530 SW Pfaffle Street Tigard, OR 97223 RE:Dalton's Catering Minor Modification Request,Case File No.MMD2006-00013 Dear Mr. Dalton: This letter is in response to your request for a Minor Modification approval (MMD2006-00013) of the approved Dalton's Catering site development plan (SDR2001-00004) located at 8530 SW Pfaffle Street,WCTM 1S135DA, Tax Lot 1000. This decision approved conversion of an existing single-family residence into a catering business facility. You have requested to construct a 970 square foot addition. This addition will be used as a new, larger kitchen space. No new employees will be added. No other changes are proposed to the site. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter,states;"any modification which is not within the descnption of a major modification as provided in section 18360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The current building size only requires five off street parking spaces. With the oroposed 970 square foot addition, seven spaces are required. There are currently already seven parting spaces on site. This standard has been met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No charge in the structural occupancy type of the buildings is proposed. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant states that the addition will be 12 inches higher than the existing building. Building elevation plans were provided that shows the existing structure and the new addition. Due to a slight grade change on site, the height difference is only about 6 inches. The existing building height is approximately 16 feet. A 20% increase would be 3.2 feet. The proposed difference is less than Lie 20%. This standard is met. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There are no changes roposed to the existing accessways. Two parking spaces adjacent to the building are being relocated within the existing parking area to create a loading area. These changes are all along the rear side of the building and will have no affect on off-site traffic. This standard is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed addition will expand the existing kitchen and food preparation space. No additional employees will be hired and therefore any traffic increase will not be substantial. Therefore,this criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The addition is only 970 square feet;therefore this standard is met. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The existing landscaping will be reduced from 36.8% to 27.1%,which is still greater than the 15% required in the Professional Commercial (GP) zone. Therefore, this critenon is satisfied. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved under SDR2001-00004/VAR2001-00015. One of conditions of approval stated that the access width adjustment granted through this application shall not run with the land and shall be re-examined upon any subsequent change, intensification of use or alteration of the structure. Because the proposed addition is only 970 square feet,there is no expected substantial increase in the traffic to and from the site,and there have been no reported problems with the access since approved. Staff has determined that the existing access is still adequate for the proposed addition. No other previously issued conditions of approval will be affected by this modification. In addition to the above criteria, the proposed condition is also subject to Clean Water Services standards which requires water quality treatment for all development and redevelopment. Strict interpretation of the law would require treatment of the entire site. The City of Tigard requires that the applicant treat any new roof or paved areas and a portion of any existing roof and paved areas. A storm water quality vault is referenced in the cover letter and on the site plan provided by the applicant's representative, Nicoll Engineering. Based on the material submitted staff cannot determine if the proposed vault is adequate to handle the required storm water treatment. A condition of approval will ensure that the water quality treatment standards are met. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local, state, and federal laws and the condition of approval below: Page 2 of 3 CONDITION OF APPROVAL PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: (The staff contact shall be Kim McMillan in the Engineering Division(503) 639-4171.) 1. Prior to the issuance of site and/or building permits, submit information to show that the Clean Water Services standards for water quality treatment are being met. These should include a detail of the storm water vault and calculations. This request for Minor Modification approval is hereby granted. If you need additional information or have any questions,please feel free to call me at (503) 639-4171 ext.2437. Sincerely, 6 ea, Cheryl Caines Assistant Planner is\curpin\cheryi\mmd\mmd2006-00013(Dalton's Catering).doc Page 3 of 3 CITY of TIGARD La Q l I II I GEOGRAPHIC INFORMATION SYSTEM _ F/ VICINITY MAP , THORN ST • > ST 1111mm_ W THORN r N iaiii.P' MMD2006-00013 �S STEVE IN !J ��I'' ��a MINOR _ H �i) .� �1 will. MODIFICATION L. 01� � � x<... _-..J ' ;' J I 1 co .1 - ...� 1 v..r----- ' -1 (i[ � "FAFFIIILE •• ,.. .Ale; 701 SITE �\\ irrita r Or '1111111111k 0 OMITA L---- , N 41 I Vv 99 0 100 200 300 400 500 Feet G L 1"=384 feet I 7 it , * . Ifi :-.•4 ' , TIGARD* 7 0 s' Information on this map is for general location only and Z should be verified with the Development Services Division. t ip 10 13125 SW Hall Blvd ' •al Tlg03)OR 97223 (503)639-4171 http9Jwww.ci.tigard.or.us Community Development e Plot date: Dec 4,2006;C:\magic\MAGIC03.APR `N I c O I ' Project: ADDITION FOR DALTON'S CATERING Page: 1 Client: DAVID DALTON By. JDA ENGINEERING, INC. Job No.: 06-0416 Date: 11-11-06 N —— __ -- -- -- -- _ W-D'ACCESS FAME-ENT (2)IELOCATED SPACES I F—■—1 I t, 1 I ■\ MIOWA T t taw EFT toomoit= 0.23 AC WWI eM-110 KtOrs Me ..1. CMR#rf.*lo !WSW. PARKINS SP AND RELOCATE TO SoJTH !11 1 (Fir 1 OD 0000,1 \ 1 A _OPOIPOMME 1 I '°V / % I f � _ tI' tor w PPOPIOD T aa�.a • v � , / . ; le/ �I 7 1 (21Y-0•MN) 'f +f eETnACI(/ellfEle SEE MOTE DELOS. 7 ®_ 11111111 11111011 ap_almonninin r T---F-TF-i ..LOCK MALL no ow k SITE•FOR:t4TION DEVELOPED FROM'ON WE" CF lEOFTNO COADOMS. A RI NCOr114 PROPERTY LEE f LOG4TICAI AMD STREET RO1LL°STAFFED PRODUcED FOR TM ' RECENT TS STREET FLPROvI31ENTS NE1 IEC#E3D6 THAT THE EASTERN PROPERTY LIE Et VERRFED PRIOR TO START OF CONETICCTICAL — - �- - - �- - - - —S.W. PFAFFLE STREET - - - - - - 0 SITE PLAN EXISTING INE5C1TY I�R __. P �9,4\f 4`l" 1 NORTH ar'�'o- 1 DATE 9025 SW Center Street - PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2088 Fax (503) 684-3636 MAILING RECORDS AFFIDAVIT OF MAILING ppl!, I, Patricia L. Lunsfoid, being first duly sworn/affirm,on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: _)&b.) C3 NOTICE OF DECISION FOR MMD2006-00013/DALTON'S CATERING (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 December 4,2006,and dep led in the United States Mail on December 4.2006,postage prepaid. (Person pared uce STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 3/ day of JA c.(t ,2001 `� OFFICIAL SEAL 1 DIANE M JELDERKS () NOTARY PUBLIC-OREGON () COMMISSION NO.373021 ( ,,.MY COMMISSION EXPIRES�EP7 25,2007 7 NOTARY PUBLIC P 'i' O My CommissionExpu -s: 3S EXHIBJTk • City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga,w, OR 97223 II • •111A1 December 4,2006 T I G A R D David Dalton 8530 SW Pfaffle Street Tigard, OR 97223 RE: Dalton's Catering Minor Modification Request, Case File No.MMD2006-00013 Dear Mr. Dalton: This letter is in response to your request for a Minor Modification approval (MMI)2006-00013) of the approved Dalton's Catering site development plan (SDR2001-00004) located at 8530 SW Pfaffle Street,WCIIVI 1S135DA, Tax Lot 1000. This decision approved conversion of an existing single-family residence into a catering business facility. You have requested to construct a 970 square foot addition. This addition will be used as a new, larger kitchen space. No new employees will be added. No other changes are proposed to the site. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter,states;"any modification which is not within the descnption of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The current building size only requires five off street parking spaces. With the proposed 970 square foot addition, seven spaces are required. There are currently already seven parking spaces on site. This standard has been met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No charge in the structural occupancy type of the buildings is proposed. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant states that the addition will be 12 inches higher than the existing building. Building elevation plans were provided that shows the existing structure and the new addition. Due to a slight grade change on site, the height difference is only about 6 inches. The existing building height is approximately 16 feet. A 20% increase would be 3.2 feet. The proposed difference is less than tie 20%. This standard is met. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There are no changes roposed to the existing accessways. Two parking spaces adjacent to the building are being relocated within the existing parking area to create a loading area. These changes are all along the rear side of the building and will have no affect on off-site traffic. This standard is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed addition will expand the existing kitchen and food preparation space. No additional employees will be hired and therefore any traffic increase will not be substantial. Therefore,this criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The addition is only 970 square feet;therefore this standard is met. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The existing landscapmg will be reduced from 36.8% to 27.1%, which is still greater than the 15% required in the Professional Commercial (GP) zone. Therefore, this critenon is satisfied. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved under SDR2001-00004/VAR2001-00015. One of conditions of approval stated that the access width adjustment granted through this application shall not run with the land and shall be re-examined upon any subsequent change, intensification of use or alteration of the structure. Because the proposed addition is only-970 square feet,there is no expected substantial increase in the traffic to and from the site, and there have been no reported problems with the access since approved. Staff has determined that the existing access is still adequate for the proposed addition. No other previously issued conditions of approval will be affected by this modification. In addition to the above criteria, the proposed condition is also subject to Clean Water Services standards which requires water quality treatment for all development and redevelopment. Strict interpretation of the law would require treatment of the entire site. The City of Tigard requires that the applicant treat any new roof or paved areas and a portion of any existing roof and paved areas. A storm water quality vault is referenced in the cover letter and on the site plan provided by the applicant's representative, Nicoll Engineering. Based on the material submitted staff cannot determine if the proposed vault is adequate to handle the required storm water treatment. A condition of approval will ensure that the water quality treatment standards are met. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties, provided that development which occurs after this decision complies with al applicable local, state, and federal laws and the condition of approval below: Page 2 of 3 • CONDITION OF APPROVAL PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: (The staff contact shall be Kim McMillan in the Engineering Division(503) 639-4171.) 1. Prior to the issuance of site and/or building permits, submit information to show that the Clean Water Services standards for water quality treatment are being met. These should include a detail of the storm water vault and calculations. This request for Minor Modification approval is hereby granted. If you need additional information or have any questions,please feel free to call me at (503) 639-4171 ext.2437. Sincerely, �1 .�. C Cheryl Caines Assistant Planner \curpin\cheryl\mmd\mmd200&00013(Dalton's Catering).doc Page 3 of 3 • • —�� H C17 Of T. i,r; II LU Q\ MI - ' I GEOGRAPHIC INFORMATION SYSTEM - , THORN ST � , ST '• VICINITY MAP D W THORN �� Q N 11,�`� MMD2006-00013 co STEVE7iRiI &AP.... � .1/4-,7,> _ �� �1AM i MODIFICATION MI co co I I �Ir SITE O &WANp.r�r •..i..2„ S i _ , • d 'b„,.. Tigard Area Map D me- • Air OMITA r N 1110 J-� 0 100 200 300 400 500 Feet ik 9' i"=364 feel s'Xi\s.N. • TIGAItD - s • Information on this map is for general location only and ~Z J should be veriTied with the Development Services Division.0 13125 SW Hall Blvd - • SO Tigard.OR 97223 mok (503)639-4171 - J''./1 _ httpAwww.ci.6gard.Or.us Community Development • Plot date:Dec 4,2006;C:\magic\MAGIC03.APR . . .. NNicol.t Proje .t: ADDITION FOR DALTON'S CATERING Page: 1 Client: DAVID DALTON By. JDA ENGINEERING, INC. Job No.: 06-0416 Date: 1I-17-06 N _....7. _________-7,77-. ...:-7.--9(.1*7."4-- - ...■,.. 9/-2.'-er ACCE66 EAMMNT 1i aSEP■ITTc ' -.."----'-''---(I)RELOCATED!PAGES H N4t i t T PROM= LOTTO I ■ O]D AG ■ "x. N / 1IIMAK REMOVE(V EXIOTN3 / iiPARKN3 SPICES AND RELOCATE TO r I , I eTOPS 1 �\ //■ /r 1 1 1 PEMOM . Qr.. CUM 1 ■ _ \\111` 1 0ae ca7 "" % a I 1 5 + 1 1 (7a-o•MIL) '1 k eeTDACK I OUTER WE NOTE Belau --- -- -- ---yam- , -- -- -- - 111114111111 ill. u .au.•i 111.N (V BLOCK IIMU. MOM AND eCUIMLK WE M101�'TATION DEVELOPED TROUT roN WE'OCOH6VATION OP MOTTO p Ri� COMMONS. NORTH PROPERTY L!E i{ LOCATION AND STREET ROIL OBTAINED PROM DOGYQRO PRODUCED POR THE RECENT FL.LP 6TREET IMPROVE3'Bl e. NEI IECOMEMO TI-MT TIE EA8TET21 PROPERTY LIE OE VIEWED PRIOR TO 6TAllT OP CONeTRUCTl011 — – _,.,___– – – —'.,-- – – – —S.W. PFAFFLE STREET- . - - - - - - ,..--.-----'- I d0■ir SITE PLAN EXISTING N6-I5R§N EXPPRO, NORTH ,E_ jd 21"D--- ..4 t5 'c - _--- -- 9025 SW Center Street - PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2089 Fax: (503) 884-3636 EXHIBIT 1S135DA-01000 DALTON DAVID L 8530 SW PFAFFLE RD TIGARD,OR 97223 APPLICANT MATERIALS ErP, MINOR MODIFICATION TYPE I APPLICATION 4.Tiznl Pemit Center 13125 SW Hall Bltd, Tin OR 97223 Phone 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION Pmperty Address/Location(s): 0530 ' 14. pp.PFM "tl r-b • b tZ 447 22 3 FOR STAFF USE ONLY Tax M a p&Tax Lot#(s): 151 3 5 D A, 1000 Site Size: O.23 AG Case No.(s): (ii{L o1d0(o—O3 Oi Other Case No.(s): Applicant*: to I bA1,rON Address: 5 S 3 O P rA V f ST, Receipt No.: City/State: �tz.b �j v, Zip: 41 2,,2,3 Application Acce//��ted By O " Primary Contact: JIM AN PZE,4 a a 14 t oL4 EL ue, Date: gigot DfP Phone: 6 p3•(020 20$!O Fax: ,C73-4 Fa4'3� 3li 1►I['l Property Owner/Deed Holder(s)'�: (Attach list if more than one) Date Determined Complete: I po/D tiSos-K>E A4► 1►1'pu c...4i4 r Rev.7/5/06 c\curpin\masters\land use applications\minor modification app.doc Address: Phone: City/State: Zip: * 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 Er Application Form The owners of record of the subject property request permission for a Minor V 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 Y* 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 [ia' 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 81/2"x 11") address the criteria below contained in Section 18.360.050(B) including a detailed [ie 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 $562.00 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 Clear 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 ' T • e attached to car i:ni�o�ed on the subject property. q Y �l�Y It ��. �p subject ♦ 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 anyperut issued,based on this application,and maybe 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 i° day of ' 'T, 20 0 CP Own s Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 • IR t October 17, 2006 TIGAR1 Jim Andrews Nicoli Engineering P.O. Box 23784 Tigard, OR 97223 RE: Completeness Review-Dalton Catering Minor Modification Case File No. MMD2006-00013 VAR2006-00081 Dear Mr. Andrews: The City has received your application for a Minor Modification (MMD2006-00013) to construct a 970 square foot addition to an existing commercial building. An additional application (VAR2006-00081) was also requested to adjust the required 20 foot side yard setback for an abutting residential zone. Staff has completed a preliminary review of the submittal materials and has determined the following: 1. Adjustment. A 20 foot side yard setback is required along the site's eastern boundary per Table 18.520.2 (Commercial Development Standards) because the adjacent site is zoned R-4.5. A development adjustment cannot be granted for setbacks required between commercial and residential zones. Please modify the proposed plans to show a structure that meets this required setback. A refund will be processed for the adjustment application. Please note that only 80% of the application fee is refunded for withdrawn applications. 2. Water Quality. Per Clean Water Service standards any work classified as development must meet current water quality requirements. Please submit plans and calculations as to how these requirements will be met. If you have questions on these requirements, please contact the City's Design Review Engineer, Kim McMillan at (503) 718-2437. Should you have any questions,please contact me at 503-718-2437. Sincerely, Cheryl Gaines Assistant Planner c: MMD2006-00013 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tivard-or.gov • TTY Reiai,. snl AR4 177 ErPlanning Division TIGARD Request for Permit Action or Refund TO: CITY OF TIGARD Permit System Administrator 13125 SW Hall Blvd.,Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 FROM: ❑ Owner ❑ Applicant ® Contractor ❑ City Staff (check one) Name: Nicoli Engineering,Inc. (Business or Individual) Mailing Address: P. O. Box 23784 City/State/Zip: Tigard, OR 97281 Phone No.: (503) 620-2086 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓): ® CANCEL PERMIT APPLICATION. ® REFUND PERMIT FEES (attach receipt,if available). ❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). Permit#: VAR2006-00081 Site Address or Parcel#: 8530 SW Pfaffle St. Project Name: Dalton's Catering Subdivision Name: Lot#: EXPLANATION: The variance requested for a side yard setback reduction cannot be granted because the neighboring property is zoned residential. The 20-foot setback must be met. The application has been withdrawn. Signature: L a . r!'t.cL-r�:,r Date: 11/21/06 Cheryl('aines Print Name: Refund Policy 1. The Director may authorize the refund of: a) any fee which was erroneously paid or collected. b) not more than 80 percent of the application fee when an application is withdrawn or canceled before any review effort has been expended. 2. Refunds will be returned to the original Payer in the same method in which payment was received. FOR OFFICE USE ONLY Rte to Sys Adrnin: Date By Rte to Bldg Admin: Date By Refund Processed: Date By Invoice Processed: Date By Permit Canceled: Date By Parcel Tag Added: Date By Receipt# Date Method Amount$ I:\Citywide\Tidemark\Forms\RegPermitAction-Ping.doc Rev 02/27/06 CITY OF TIGARD OREGON October 3, 2006 Nicoli Engineering, Inc. P.O. Box 23784 Tigard, OR 97281 Re: Permit No. VAR2006-00081 Dear Sir/Ms.: The City of Tigard has processed a refund for overpayment of permit fees on the above referenced permit for the following: Site Address: 8530 SW Pfaffle St. Project Name: Dalton Job No.: N/A Refund: Check#47684 in the amount of$168.50. Credit card"return"receipt in the amount of$N/A. Notes: Applicant was overcharged as Administrative Variance fee instead of a Development Adjustment fee. Refund the difference to the applicant. If you have any questions please contact me at(503) 718-2430. Sincerely, Dianna Howse Permit Specialist Enc. is\Building\Refunds\LtrRefund-Overpayment.doc 05/04 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 • a City of Tigard T 1 G A R D Tidemark Refund Request This form is used for refund requests of land use, engineering and building application fees paid by all methods. 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: Nicoli Engineering, Inc. DATE: September 26, 2006 P.O. Box 23784 Tigard, OR 97281 REQUESTED BY: Dianna Howse ST TRANSACTION INFORMATION: Receipt#: 2006-4598 Case #: VAR2006-00081 Date: 9/20/06 Address/Parcel: 8530 SW Pfaffle St. Pay Method: Check Project Name: Dalton EXPLANATION: Overcharged as Administrative Variance fee instead of Development Adjustment. Refund difference to applicant. REFUND INFORMATION: Fee Description From Receipt, Revenue Account No. Refund Example: [BUILD] Permit Fee Example: 245-0000-432000 $Amount [LANDUS] Admin Variance 100-0000-438000 S147.00 [LRPF] LR Planning Surcharge 100-0000-438050 21.50 TOTAL REFUND: 5168.50 APPROVALS: If under$500 Professional Staff / .�/ ,- If under$5,000 Division Manager If under S22,500 Department Manager If under S50,000 City Manager If over 550,000 Local Contract Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONL Case Refund Processed: I Date: 1 %2 ,70 By: f '+ I:\Budding,Refunds\RefundRequest.doc 09/15/06 CITY Y OF TIGARD 9/ZU/Zuut). UPI ■ 13125 SW HaII Blvd. 2:51:00PM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004598 Date: 09/20/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2006-00013 [LANDUS]Minor Modification 100-0000-438000 490.00 MMD2006-00013 [LRPF] LR Planning Surcharge 100-0000-438050 72.00 VAR2006-00081 [LRPF] LR Planning Surcharge 100-0000-438050 38.50 VAR2006-00081 [LANDUS]Admin Variance 100-0000-438000 262.50 Line Item Total: $863.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check NICOLI ENGINEERING,INC ST 1412 In Person 863.00 Payment Total: $863.00 cReceipt.rpt Page 1 of I I Planning Division TIGARD Request for Permit Action or Refund TO: CITY OF TIGARD Permit System Administrator 13125 SW Hall Blvd.,Tigard,OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 FROM: ❑ Owner ❑ Applicant ❑ Contractor ® City Staff (check one) Name: Nicoli Engineering,Inc (Business or Individual) Mailing Address: PO Box 23784 City/State/Zip: Tigard,ORp 2 9Igp/ pit ci_ ttli"/Xo- Phone No.: (503) 620-2086 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED(1): ❑ CANCEIyPERMIT APPLICATION. ® REFUND PERMIT FEES (attach receipt,if available). ❑ REMOVE CONTRACTOR FROM PERMIT(do not cancel permit). Permit#: VAR2006-00081 Site Address or Parcel#: 8530 SW Pfaffle St. Project Name: Dalton MUD Subdivision Name: Lot# : EXPLANATION: I entered an Administrative Variance when it should have been a Development Adjustment resulting in an overcharge of$168.50 Signature: /LL✓ al id Date: 9/21/2006 Shirley Treat Print Name: a6.2.So // S'. Sa - /7,er1 Refund Policy /Y 7. 00 * ,i S �/6?, . 1. The Director may authorize the refund of: a) any fee which was erroneously paid or collected. b) not more than 80 percent of the application fee when an application is withdrawn or canceled before any review effort has been expended. 2. Refunds will be returned to the original Payer in the same method in which payment was received. FOR OFFICE USE ONLY Rte to Sys Admin: Date By Rte to Bldg Admin: Date By Refund Processed: Date rAcie� By'Zylrinvoice Processed: Date By Permit Canceled: Date By Parcel Tag Added: Date By Receipt#44 y-5-ts Date 9/2% . Method Chi c1c Amount$ I:\Citywide\Tidemark\Forms\RegPermtfActron-Ping.doc Rev 02/27/06 CITY OF TIGARD 9/20/2006 '' 13125 SW Hall Blvd. 2:51:00PM ° Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004598 Date: 09/20/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2006-00013 [LANDUS]Minor Modification 100-0000-438000 490.00 MMD2006-00013 [LRPF] LR Planning Surcharge 100-0000-438050 72.00 VAR2006-00081 [LRPF]LR Planning Surcharge 100-0000-438050 38.50 VAR2006-00081 [LANDUS]Admin Variance 100-0000-438000 262.50 Line Item Total: $863.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check NICOLI ENGINEERING,INC ST 1412 In Person 863.00 Payment Total: $863.00 cReceipt.rpt Page 1 of 1 Nicoli Eligineering , mu. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 November 17, 2006 NEI# 06-0416 COVER LETTER City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Dalton Catering Minor Modification 8530 SW Pfaffle Street, Tigard, OR 97223 Case File No.: MMD2006-00013 Attn: Cheryl Caines, Assistant Planner Dear Ms. Caines: We have revised our documents to include the required 20' side yard setback and included a water quality vault to meet current water quality requirements. All references to the Development Adjustment Request have been deleted. If the application fee for the Development Adjustment Request (VAR206-00081) is refundable, please advise me as to the process. If you have any questions, please feel free to call. Respectfully Submitted, , ..zAt.a."-"A..o..A--1:?C2,vel.A.L.A.A.sr--- Jim Andrews JDA: dhl X:1J-060416 Dalton,Dave-New Buildung\Letters1Letter Cheryl Gaines Cover Letter City of Tigard 111706 doc Page 1 of 1 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com Nicoli Engineering , Inc,. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 November 17, 2006 NEI# 06-0416 SUMMARY LETTER City of Tigard City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Re: Dalton's Northwest Catering Addition (Re-Submittal) Minor Modification Application 8530 SW Pfaffle Street Tigard, OR 97223 Case File: MMD2006-00013 Attn: Cheryl Caines, Dear Ms. Caines: Dalton's Northwest Catering is proposing to construct a 970 S.F., single-story addition to their existing catering business facility. The Pre-Application Meeting was attended by Mr. Dalton on March 28, 2006. The proposed addition is to be located to the east and attached to their existing facility. The applicant is requesting that the proposed development be processed as a Type 1, Minor Modification, per Section 18.360.060 of the City of Tigard Community Development Code. If you have any questions, please advise. Respectfully Submitted, ..<k,0.44k.usdtiCti., Jim Andrews JDA: dhl XU-060416 Dalton,Dave-New Building 1 Letters\Letter City of Tigard-Summary 111706 doc Page 1 of 1 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com ■ Nicoll Engineering , InL. P Bx2741Ti r 684-3636 o 3 8 ga d, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684 3636 November 17, 2006 NEI# 06-0416 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Minor Modification Request Building Addition for Dalton's Northwest Catering 8530 SW Pfaffle Street Tigard, OR 97223 Attn: Tom Coffee Director of Community Development Dear Mr. Coffee: The following narrative addresses the approval requirements/criteria as noted in section 18.360.060 for a Minor Modification and are in response to Section 18.360.050B of the City of Tigard Community Development Code. 18.360.050B. Evaluation criteria. The Director shall determine that a major modification(s) 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; Not applicable. 2. A change in the ratio or number of different types of dwelling units; Not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; No additional onsite parking is required for the proposed addition. The existing kitchen (599 S.F.) is being relocated/moved into the proposed addition (970.6 S.F.). The addition will allow the kitchen to operated in a less "cramped", safer, and more efficient manner. No new employees will result from the proposed addition. If/when additional parking may be required, additional spaces can be provided along the southern edge of the existing parking lot. At this time, no additional parking is required. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The existing type of structure (wood-framed) will not be changed with the proposed addition. Under the previous building code (1998 Oregon Structural Specialty Code) and City records the type of construction is categorized as a type V-N construction. The recently adopted 2003 International Code with the State of Oregon 2004 Amendments X1.1-060416 Dalton,Dave-New Building\Letters\Letter re minor modcation 111706 doc page 1 of 3 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com categorizes this building as a Type V-B construction. Although the category nomenclatures have changed between the previous and current codes, the descriptions/definitions remained the same. Therefore the type of commercial structure will remain the same. 5. An increase in the height of the building(s) by more than 20%; The main ridge of the addition will be 12" higher than the existing building. This is less than the maximum 20% increase. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposed addition will not change the type or location of the existing access ways or parking areas. Two existing spaces will be relocated to the southern edge of the existing parking lot for access to the proposed addition. Therefore, off-site traffic will not be affected. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The purpose of the proposed addition is to increase the working area/environment of the kitchen/food preparation space. No hiring of additional employees is anticipated. Therefore, no substantial, if any, increase in vehicular traffic is anticipated. 8. An increase in the floor area proposed for a nonresidential use by more than 10%excluding expansions under 5,000 square feet; The 970 S.F. addition is under the 5000 S.F. expansion threshold. 9. A reduction in the area reserved for common open 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 existing landscaping/open space (36.8%) will be reduced by 9.7% by the proposed addition. The remaining landscaped area (27.1%) will still be greater than the required minimum landscape standard of 15%, as noted in Table 18.530.2 and under the 10% reduction allowed. 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; Not applicable b. Screening; and/or No reduction of the existing buffer/screening requirements will be required by the proposed development. X:U-060416 Dalton,Dave-New Building\Letters\Letter re minor modification 111706.doc Page 2 of 3 c. Landscaping provisions. As noted in Item 9 above, there will be a reduction (9.7%) in the landscaping due to the addition being located in the existing lawn area. The remaining landscaping will be of a greater percentage than the minimum Community Development Code Standard. Additional vegetation will be provided adjacent to the addition in the buffer zone along the eastern property line. 11. A modification to the conditions imposed at the time of site development review approval, which is not the subject of B1 through 10 above of this subsection. To the best of our knowledge, no modifications are being proposed which would conflict with the previous conditions as noted in Site Development Review Approval SDR 2001-00004 and Adjustment VAR 2001-00015. Respectfully Submitted, Jim Andrews JDA: dhl X:1J-060416 Dalton,Dave-New Building\Letters\Letter re minor modification 111706.doc Page 3 of 3 • •FQPM tio.tiS1-THUS. T'let" ,:deIgnmenl Restelcta0). _ ) co'YRI6HT aTEVEN&tlE$3tAwp118t!?ryiip `FOgT�aryp ppyThls _ IHSV --- -- .- - \ . -- 1 i, f -. i TRUST DEED STATE OF O1 EGGN, . I! II 1 County oi: . 5t. ij I certify that the within instrument IiI ;i ___L vTA_;e,.__DAL.TQIi ., was received for record on the ___.__ day 11 ' i 1921D_p1AREE_s:I,. _ _ __.. of ._ .___, 19-_-_-••, at j I .LAK°. _OSIZEGQ,__OR_37.Q3 o'clock _- _.h4., snd recorded in . Urania?'!lama and*ddre*s r, sFACE rtESEAVEO • book/reel/volume No. on page I' ��- _9.01 S MCBRQD Fos _ and/or as fee/file/irtstru- ' necarZaECt'S USE ••-- • pQRTLAND=_ OR 97222 ment/microfilm/reception No , Bem/wiry-4 Nana and Art t a Record of-. of said C ourlty { ....N'recoramg,return IQ ;*Pima,,Adriress,ZIA: "_ __.... I Witness my hand and 7e<,t c County l d i1iCRAE.I. 'r•--PSI .0 1.3-...- .._ 11T1ae,1 r r _ ?rj\ii..t 3i:!, --J YL ,',rw.. ' Tolilt T'Tlr r •t .. . ._ ..._ .. . - . .. . liy - -- -- . Deputy. 1I ?.",'.'L'..r.. berweerl II . -- , . I' ...... . .. ........ .._ as Grantor, I • tit I: • • ` - . 5,?.fien4!f1,'1 rl: it I1 r• .. . . • • • ,.....f-: .',w e, )g 3A1°, the prn!]e't}r in • I • • , , , • . •F' .4 ... 1'.•!-,iliflrl,,j :e: in ar:'y;A$- new ' Cs 1-.C.'• • ' r ' • •. , =d t. or A° . 7r- . ?^rtio^t,.,th • •..• .i.'-lit.• r:.' SI'r ;:t 1.-:,ar .! t1,P curt) + il . ' ■-•. :rrea..n r,. .:(..•:..i e. , -, ._:rr:S , ! • -r(r)i...eury i . • :r,, :.._"t.•••-iF CZ P'16- art:. • -::r:r. _e; . .. . .`,.. .-, • ;:-ten, shah be- • - ...,r_.•: - ,-,'e..,.tl• ,• :u , '..ui 4:. :: •:r ::11- : i _.., . . . •. Ty a r' -., u';:i.•h tr..9: be cc.:.•rum tad, r r - • .:ij f e j2:,,71'.71.1 i• •'Ira Fare/;;cry :' '✓!l !r c- . . - r ,•.• ,er .1,y 1+18 :•c_'rrlir-,ter•. .1-..r% reept:re, and I; !,: p,• � - , • • • •.•• ''i= :)1.r-.- •1 :i!!rl4; aff'•03rs u:• • r :fa,: ,:•. .`,• !Tope.r} Ryaipst i d or}. c:.7r.;9,' - - .. . - . :1: . _ .r :tr: •IC.;JI t31) l :�.f:Lr.'•tr):}t. cost• I u r: . r, • . ._ .. m T. delivered to rile berm._C1y.. s..�, , T•.n J ' {i,;r•, -- .. , :nr. ...1<, to dc,.rer the rx.'ic:eS to the $eRuf i�•;ary I' et le: . . ., • , - . . • . ,:'-Cn,IYfa:, e;•• br :fist the t'artefit.inry ^)ry pro_ '.: .. .. •'.\..._:._e p• :, 1.1ey' be applied by benefkC:ary upon II' ;I any ;:.t-: - . Sr••,n of hr)sle. :y Mee -tire ama:er.t so collected, ,i• I, Cif _ •A• ,-• .. .,• • • • . . °-• ' :.r.:• o: "•a:1-.e arty dcfautt or rz,..•ti.-r _i default her-- •• ar)1 , • .- ,.._ . .-•; *ri.•-t r1;5ryes t!l,,f may be levied or t ;i 3"fyp ... - . •- . •• -.., ;i_. 3„Y,- r•s becr-ae oast di:a or delinquent ar!cf ri . c, . ._ `:e i' ,e-e.,., .1 •)..y east taiSd3. S5Z)Nrrra,i:77t7ralrCe?tlrafS7rt1 ay mar. ^ I' i .-�•Sr:•':t::"r r• :,•�ry fur,J� 'rich a:hr.=:. •.' make such ;say- .. . . . _ . ,., -.:)r;? x>t eIr:.s: a: 1314. rare set f„ �' '=.' rt.: in :ha eats ! :sr.r.:ed .• . . - 7 .1 .r.r- •.stt dn..4, snail be added to and be,:on.• a part of ', the 'le:'• . .. , , • - •- . . ':,..',I !,•-ct• • to-r.; of the cavnl'ants he,ecf and!ur such paymen ts, ' ',vie-, it,r_. . ... •, •, , the �r.u,,'or, ,,..rl: he .')•oared ro the seine extent that they ate I:• I! bzr ! ', '.•'• .. . -.. •.,-. .•. . .. -,_':rime.•,:,.nr: r�_.•'t be immediately due end payable without notice, 1. i3 :u:,. t • ..c r;.d..•. .... . . ,,,, -r.' - .)i.,•,.. . . -r- l-- !.r -(';.r (.1.' e•ral., 50-7- .d ?.y rhi? metal deed irHrr.2diatc:r chic a:tit pas.- I: ii c• ,., r•••, ., _,:,., •••r .:.(., r-_ :.,a.. -.t t ;.,....:4.'.:f rr•e, ,:•'xf of tic vi, acs--elm as aril ac the Whet costs amid expenses of the +1 ""!re •,7:a:',r.- :., (<."-"ir-:,r! ,:•ir• r ,:,..r-::-;r -iii I•')',err•'•.,:: dell teuxte•e':r ale) srtor+)a,r•s fees actually Incurred. 7. -, •;i;veer :o ..1,: •i fe.:a s 91.••••••. ..v ;::O•Herti1,4; purport:r.g rr at:cot tt;e security tights or powers of beneficiary or trulfee; li arw::n .snr suit, a•:rirr a, p.-ti--:l:,ul1C in s.i. • the t•critl.c.i,r;.,r trc5fee slay appear, ;nrluding any suit for the foreclosure ai this d..-ed 1I iP or arcs' =art 4.4' .xcrio•r rr;?te.i !id!. :!•••e. :t.+er,;, i•::1udl•,g b.r>' n•t1 lied rV its ,-E.id,ty rind/n: enforceability; rn pay all costa and ex- 1 I E )masers, irei.ldir:� c:•;;::•c'.- of :ir:e. yr:.: ::,e ✓t,e,f.�ta.-r'.. 4..r *t'igres's altruist fees: the Amount of ,sttornoy fees mentioned in this pare- ii I graph 7 ii, ftlt „sue, e11sli be l:+�d bs' rtlr trial .;",„r, r'''d in rile-suit,•o! a:■ apl:rel iryrrt any judgrr:t•,t or decree.. of the trial court, grantor further agrees to pt;' se.i) surd al ::-." a;.•r..,rr. ,.,ar„1 .,.4_4:. add;:rngv .na.onuhrn as slim I.er+[•fi•:rarY s. „r :rtl5tet.'a attorney fens on such appeal 1 ft is n'rtel�ll: ±5rre•I er,ar d. In the even: )mina auy p,,rei,:n .t;; of the property' shad be taken under the right of eminent domain or condemnation, bean- I, liciary shad; herectthe righr, it it cc elect;, to requite that all or +st:;'portion of the monies payable as corrtpensstion for such taking, ” NOTE:'the Trost Heed lci provides:het the.trustrte�.Er+runder mMtt be either on aaorney,who is an active member of the Oregon State Bar,a bank.trust company ; i or wrings and loan assoclaiion authorized tre do b;Istriess under the laws of Oregon or the United Stales,a tlUe insurance company authorized to insure title to real li I; property at this stall.its Subsidiaries,amiates agent"or bianehes,the;shed Suttee or any agency thereat,or an escrow agent licensed under ORS 585.505 to 696.585. il 'WARNING; 12 USC 17011.3 regulates and may prohibit exetetse of this option- 11 "Tire publisher suggests that such an agrecrr3nt address the issue 4.l obtaining beneticlary's content lit complete detail. '' et' --• •—�—...T-.-�.� .-rte ..—��--r«.--.. i which of the amount require pay all.retteetttble costs, expenses and sheens: is necessarily paid• or incurred by grantor , fn such itiga, shall be paid to hart try and applied by it first upon any•reasnnabi. .ifs and expenses and attorney's fees, both in the'ttia!and appellate courts,necessarily paid or Incurred by beneficiary in such proaeadings,and the balance applied upon the indebfed- neS, secured hereby; and grantor agrees, at its own expens-, to take such actions and execute such instrumer:ts as shall be. necessary c• in obtaining unit compensation, promptly upon beneficiary's request. • ,• 9. At any time and from time to time upon write tetluest of benefJClary, payment of its fees and presentation nf this deed and + I ,, • the note for endorsement(in case of full rcconveyances,for cancellation),without affecting the liability of any person for the payment of ' the indebtedness, trusts* may (a) consent to the making of any map or plat of the property;(b)join in granting any easement or create- '.° ing any restriction thereon; (c) join in any subordinat.on or other agreement affecting this deed or the lien or charge thereof; ( . 1, teconvey, without warranty, all or any part of the property. The grantee in any reconveyance may be described as the "person or perso •'; I legally entitled thereto," and the recitals therein of any matters er facts shell be conclusive ',root of the truthfulness thereof. Truste 's 'I • f far any of the servjces mentioned in this paragraph shall be not less than 3S. • - 10. Upon any default bye grantor hereunder, beneficjary may of any time svlthout notice. either;n person, by agent or by a receiver appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the property or any part thereof, in its own name sue or otherwise collect the rents, issues and profits, including those past , due and unpaid, and apply the same, less coats and expenses of operation and collection, including reasonable attorney's fees upon ant ' 1 indebtedness secured hereby,and in such order as bene'licirrry may determine, • i 1 11. The entering upon and taking possession of the property the collection of such rents, issues and profits, or the. proceeds of ilea and ether insurance policies or compensation or awards for any taking or.'amass of the property, and the app/jcatien or release thereof as aforesaid, shell net cur* or waive any default or notice of default hereunder nt invalidate a,lv act done pursuant. to srdl rl_tfr. 12, Upon default by grantor in payment of any indebtedness VIcured hereby Or in grantor's perform/moo of err egreomen:hereunder,time ..4 1+ betels of the essence with respect to such payment and/or performance, the beneficiary may dectere all sums secured hereby immediately ( due and payable. In such an event the beeeliontry may elect to proceed to foreclose this trust deed in equity as a mortgage or direct the f) trustee to foreclose this trust deed by advertisement and sale, or may direct the trustee to pursue any other right or remedy, either at Ilair or In equity, which the beneficiary may have, in the event the beneficiary elects to forecloses b.y advertisement and sale, the belie- f or the trustee shall execute and cause to be recorded a evrittem notice of default and electior,to sell the property,to satisfy the oblige- ( tion secured hereby whereupon the trustee shall Iint the time and place of sale, give notice rhereet es than required by taw and proceed t to foreclose this trust deed in the manner provided in ORS 6e.735 to RA 705 _ 1 L). After the trustee has conunle:ice•d Ic•terao=orb by rrivertjsemenr .and sale, rod at any time prior to ` days before the date the trustee conducts the sale, the grantor cr any steer person so privileaad by ;;,.1?S 86,753. may curs the default or defaults. If the default 1 consists of et failure to par, ,when dee, sums secured b•,• the trust '?e.rd, the default may be cured by paying the entire amount due at the 1 time of the cure other thee such portion as svau:J not then be due 1.x3 no detetr't ot:cltrred. Any other default the: is capable of being cured may be cured by tendering the performance required under iii•• cS1idation or trust dead, !r, env -rase, in addition to curing the de- fault or defaults, the:, parson effecting tan cure .then pay to the be•c,elj:jar, tell eats and expenses actually incurred in enforcing the obligation of the trust deed togeti.e: w;th •ru:ree's and ertorney'2 lees !:v( ex•.eed:r0 the amounts provided by law. 14. Otherwise, the sale shall be hey:? on the den- and at the rir:ro Bend pines. designated in the notice of sale or the time to which the sale may be postpones' As proriduu he ......•, The trus:ee nu.,y ir.;r .i•e pfoperry ejrhar in one parcel or in separate petcels end shall sell the parcel or parcels at auction to efts hi, lest ryid,Ie•r !,• ca.h, ;,.y>st-;o it' the tome. el sale. Trusfetr shall deliver to the purchaser its deed I in form as regrind I:y lair con :.Vint t ,e G.',44:1-ry ..? c/:Q, :..f.:, :,•,:'•",•It Am' ci;:mien; e;: er'arre3ntt•, e.ores,: or implied. The recitals in the { dead of any rr,atrers el fact shat lee cc•r!c7u:%ve t•rr.oi .,1 the r•tt••'`•1%.^ass• :ft?ter:•i. Aar per9J. , ert•.'Ir•iing the trustee,, but Including the I grantt.)r end Lenelieisry, r::aw hurthei,r et r.'•-• t. 1�. R'Abn tturree ae/!s ur�uar:r .c :r : p e,•.;1a• !,tar-..:., t :•>,ea sa • : 1 P e i. •., 1 i. a.^pi rho nra:eels of state to pa rnenr of c" the eft- 1 penaea of Sale, rnGladin� th,: COQlpen•.:;t•3;: .•; !}r r:u�•rta Ar.f p :r.➢e��;^.++Jn ih..•pc[ .,P tr i,tce'S A:tt rtte (2)to fife nhligdation secured by i the tnsat deed, (3) to ail oerscns hL.:,•e;c:.c.r•-F' !,t•rla e..l r;lucrr :!:- :.,e,...,r .,f tl•f. trustee in the trust deed as their infareets may ;1 appear in the coder el Their prlt.r•it t ! '' •,•s . .;,,:, ii ate:, . • _ acs e.lcr.•asc: in interest entitled to such surplus. I it 16. Bonet;:LLry rressy itan, urrte'., t::.'c tap••:•' . :4.1. . ., • • r' pro, :rmace n^:red herein or r., any successor trustee appointed hereunder. C,:o.1 .turd; 3.i.1u.• •.r.0 N 1' ..n ,.•'t•.=r.,.. r r i n:•,Par?• .lust. . r , ii ='r't •' �. ..g la: sheaf be vested with all title, i; pow ar9 and .traded c,.rticrre.i ur•crua::7• t:_,s:rs h'r4;t: ':,•..t.! o. .r;,:• .. 1 ,.. ,r•+•.e- t:e!h suet. appointment and substitution shall be I. made by written instrurr,rtet ea:.:ut••c :y ::e:171,•ia:t :•.,.c;., ,.t'c• 5-' , 'r ,rr'Qtsai• ,∎gees'++of the county or counties in which the li property is situoA,_r. sh.:i be c.;,-.:ip5,;•c _..l :.1 . .,;... d:: c, -r '•. . :ruv.;,. I 17, :ruarer Accepts nets rout• a'ft-t, he.% ':east con- _ . .7;•!•",•'1,--c;1--11, is :ride rt •+u41ic record as provided by law. Trustee I is not elongated to aef.'n• a,ty• parr,' •''pt=t•• ul •,m•,J,,•,: - -•n ; ;r1.5r a; ut star action or proceeding in which grantor, `I betesfici ev or trotter ahu!! re e rr.f.' ,1'i.'r. .. ... - ' .): ',•'•, • :rtr.14. :, 7 he drerl:vr calm:rar e, alai a enoe. t ^�,,• •, ., ..' , rr:-_•p,t,. wtre-.e., r :II ; erg r :hat the, grantor is lawfully i1 seized !n fee si-;ple of the rut; ,:t„'e. nr, a zrcfpi' as may be set forth in an addendum or exhibit . !I attached hereto, a:;•i that 4t.�rr .s „:. . '.. ..rrr ,,: ;•tr i ' .-?' r ,,^M.a7r7B ry�..�tg).1 ve r. •1 4VA1tiy1Nts. Citeles, i mot:r:-'r ;;tt.,. :i •: '. :...--. ::,. - i •.,, -t ii t,r1.'n ;-.f II!'urrt)Lt eoverede as required by the con- I. II tract or loan .rgrTnl:ref betwc.r.r- r':<. i.• .1•,?i. t,1: ,••-hq.z%• t•,;_:rar1Ce at grantor's expemes to protect bene- li II Irk'teiry's interest. h!, tlt;•�aan(A.- tr:°'-, t t:, ■:.:r„ r •-: , ; Rri,_t•yr' interest. If the collateral becomes damaged, 11 t i, the coverage parch ae. -Os' I,t ° e::`, t -1 r r d r p et:,.r. ::RCi 1'L' G. c:trtgir�f tB.itOr. Grantor may later cancel li !' the Co✓eraGC by prone:!,•a; e.no... . . . - • .. . ';c -r`,• ,':,i'?:ins. else. Tiara. Gr,ntor in re5nonslble +l for the 0051 Ot 41/.ii trig:1tn°:t:0 ..tt'c•::•,;2•- p t..:i.•, ,-'• 'er v ;..;,,rli !'r_• t tale'' be scaled to grantor's Cr)ntract Of ,1 ,road bd1Y.reae.. 11 it sa et, <':ire-, t ,e a. r. . .r: + r will 1 '� .. Ic:::';-� r.;.rnf-h t cr Igan sear eop.y to 't. The effective date I tl of coverage may t.? in.: d IfC ;fir,,,- .. :., •.' ;r .a: .. -.j or the date grt.fic)r failed to provide proof of coverage. Ili II The coverage btdneilcie:rr F:.tr:.,ltase•, ::...2 ..e:'r• :•r• , . -:fart' ev pensive t eeti irlsurr�r)Ce. nrantor might otherwise , obtain aion•c add A,ai ..C:t attt1 i y /Jr:. •.. .• , .. :. •:-, :,r:%s�e r.jC,-;g�(ii or ally mandatory liability' ir'Slirance rem 1 quirttmnrs i:1'p•:;•.•: . C P:,l,:rr •. ;t` �1 }f i he -+tor .+.err Ina en at t..• ar r■• .. -. •hu tier ripe f d ;1 ee« •'.r a ria.sc. r14,1e and this truss e e • riinatlt !•?t 'yen :r: ^t)a.a ... . :• r -coo ,. ,e�., deed arP: .1 ' ( ) p ) r F'..r ..re l:.,,p.,,-"nt 1.. ce ttl:?:v1, �i (L) tar err o.y+ania,tl:ran, o, (••terra :. - ..:v. . .') :u:... I_•.•.•r;;' are for bus'atrss r.r eenennefeeel 7,Irnr'e?3. (I �l•fn.! flea(: eppl:!?5 :.r, ,r.sreS to tile• ''.e.,.•:•: nr... .-u:,? .. t',•':t.+5 t:erCte, chair heiS. Ie,$atceS, devisees, administrators, executors, 11 petsenel representEaives, strceee..re.i-r.!456?en9, i!,c, rein; :-•:r:::,,ary ails.; mee:r tiara holder stir! owner. including pledgee, of the contract 11 ,l assured hereby, ••vhet.^at or refer nev..-K:i as a iltteat,'i-; 1.•,-tr rl �( In C ei$ttu:n,i this r,US,: t,'eod, it Is urrd'••:r.•.,d :-...r rt.,. s1•:,::r.-:, •.,:s:.-e endlnr t•eprf:ciary may rx•.h he more than one person: that 11 if the context so:rj lres, Liao ainz,,uier sea': be :a>:•'. • .:t :n<i :'r :ode •ha woes', era that genera/•'y an gramn etica! changes shall be 1 11 rn de, assumed arLi irnplrc.t to make tie pn,...3::.L. !;n, . : :fro', r.•;,::a.•!• r6 .::•rp:•:7viarr Ind to i,.Uivi,i,a.+l*. f IN x4'1 e'Id�JS YYHEl�EUF, the; ,srar,;!;t ite>; rtyr.•altrtf :ht'P Irls!rctmtrr.t the c��, a»c' ye.=-first above written. 4 i; *IMPOa7AN1 NAT1Ct:i)otore.by lining out,wntr!,ry-- v.a i•a:*1t (ni •. ,h• I• i; net opplitoble it warranty in) rs appll:ante and the hc'e.i".iy i• a ,!,re,,,.., ".../' i : ''7 IV./ ', 't, It ai euth word is delired in the Troth-tr.-Lending Act and ttogutotie■■■ 1 iE.-.. V( _ {ice. yi' !y<-5../� e,� • beneficiary MUST comely watt the tact a•.0 R9g.tat,aa,•bi, .rut;!:y r,c o,-t,' .• • -- • • .. I; disclosures; tar this ,purpose use Sse..en..Nost Farm ?ie. i J1 c or LaAV It• L. ilAi_TI .1 if compltunw Witte tr.., Act .a e.e• ,spun-d• dl,•,.v.tai !h?• r.•••..4 :r :i J r;! t lI`' (.1k�'f1e;?llr t;,ra:tli. :.f i.l,a.Cici1.iT i•1$ .. . .. .......'---- - ..)83. .... ... . ... __ .. .. i Pen,-;t,eTutnt?ra wail sr:s nolsoedped before me on rn 1 ....._.....4..� �- .a llC.._—, ti , •U: wet:onset:I 't!•id,■_. (:tvledged be.tr':1-e ft .. -- - - -- :aa...- - _.. .... .. ..... ....... 11 l ........ ... .. p. ROBIN 1.COCIiEU �; , r�... NOT•AFi'Y'pt7BCTC=ORECiOPJ' ;; of •...... ......... ------....•-- -_.. ..-........_.1...a -fig, 4 f. f•c :�mAgS.Sl©N•N0,-SZT71 F V • i Mt ' N;SST N EXPIRES SEPT 27. 2003 _ _ NotarytPubltc for Ott ors Al y commission expires 1I -. REQUEST FOt FUR RECONVEYANCE(To be used only when obligations hove been paid.) i I i1 TU: Truster The undersigned is the legal owner and holder of all indebtedness secured by the toregning trust deed. All sums secured by the trust deed have been fully paid and satisfied. You hereby are directed, on payment to you of any sums owing to you under the terms of the trust deed or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which are delivered to you herewith together with the trust deed)and to recorvey, without warranty, to the parties designated by the terms of the trust deed the estate now • i} held by you under the same.Mail reconveyance and documents to .,r'..-......., 1 •I tt ATCO:......................................... .19.. • Do not lose er destroy this Trust Deed OR THE NOTE which it secures. I` Both must he delivered to the trustee for cancellation before + • r Il econvoycnce will be made. _4y —� _ Beneficiary It OL6Q-1L9 q0c t01 d Nd 'tiv'I O l 1ir ly 'J2 Nicoll Engineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 LETTER OF TRANSMITTAL DATE 11 . Zd.d4. 1 JOB N$to..a4`10 ATTENTION H a��. ^�'N S� TO 6 L'r'° of 'I 1 I� RECEIV D GA.1L�'�r 11% t�dV.T N 5 r,g,)1►L4 rl•1.,I, t*It h./10Am � NOV 2 0 20 • Miµogz. WWM,PICArTUM' CITY OFTIGA D NE RING WE ARE SENDING YOU Z'Attached ❑ Under separate cover via The following items: ❑ Shop Drawings I? Prints ❑ Plans Samples 7 Specifications ❑ Copy of Letter ❑ Change Order ❑ Other: COPIES DATE NO. DESCRIPTION 1 11• I'1.0Iv 1 a%Z Ali 6ct4Eit 1.4.1T 5 Z 1 I1 •VT 06 1 ®%2 x 11 Su ti MAIZ lowter. 3 11. 17.0(0 3 S1/2 x 11 MINOR t"c**fCATION tEQlUEST/NAIZ12ATLV E I II ' 11. 010 1 V&A II sire ALAN 3 11 • 11 No 2 24 x 3(r 6 Ire ALAN j FLoala. PINS A.- IELIE VATIo1 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Approved as submitted L Resubmit Copies for approval or your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Returned for corrections E Return Corrected prints Cf ror review and comment ❑ Other: ❑ FOR BIDS DUE 20 1 Prints returned after loan to us REMARKS COPY TO SIGNED: i4j, d/ PRE-APP HELD BY CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION /I/� City of Tigard Permit Center 13125 SW Hall Blul, Tigard OR 97223 `FP 2 0 O Phone 503.639.4171 Fax:503.598.1960 �� 2006, P1/,. File# p ap-(j(p-000(3 Other Case# 04e, (o_ODD / Q, Date `x'(30(0Q By S'` Receipt# -,C11)(-0 44 _ Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Adiustme4t/Variance6r II) ❑Minor Land Partition(II) El Zone Change(III) ❑ Comprehensive Plan Amendment(IV) El Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Conditional Use(III) El Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) El Historic Overlay(II or III) ❑Site Development Review(II) El Home Occupation(II) El Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) 8530 e7.u. FFAFFVg Tux o) 012-. e 7223 TAX MAPS&TAX LOT NOS. 161 35 bA l0 o TOTAL SITE SIZE ZONING CLASSIFICATION 6.23 AG GF' APPLICANT* PAvl a twm,rot4 MAILING ADDRESS/CITY/STATE/ZIP $ 30 444. nF66FFLe - 1 NA.Iz-p p '7 -2/2/3 PHONE NO. FAX NO. PRIMARY CONTACT PERSON PHONE NO. JIM A14042.04•142 G I4ILuSN4ItA le.1146 503• (020- 20bC,p PROPERTY OWNER/DEED HOLDER(Attach list if more than one) SAMO A A r %&A KT MAILING ADDRESS/(TTY/STATE/ZIP 0 DATED PHONE NO. FAX NO. MAT ERIAL • < //./ "-When the owner and the applicant are different people,the applicant must be the purchaser of record or a 7'4.7 yam''On tten authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on me .orm or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) • 4110 •4•K ikbDi TON war oP e'ttiTtrtt01 rfr .Karr • ADJU5i1•4S tT VDIZ 5tbg. `eA{if.b S1'ct $31*.Gk. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date p c4 4112 q • ZO ' O , ant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date I,. Nicoli Enjineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 DATE , , h JOB NO. b�'01-1 LETTER OF TRANSMITTAL ATTENTION V C«,un.c.v TO � 4i RE t3a..Q1 1ti4 e' L4 WE ARE SENDING YOU - Attached ❑ Under separate cover via The following items: ❑ Shop Drawings ❑ Prints ❑ Plans Samples Specifications ❑ Copy of Letter ❑ Change Order ❑ Other: COPIES DATE NO. DESCRIPTION I I hi I ... I Let.vve.k Lt.i. gAi4.1411,"A",*. 14.4.te.A.k eLrfile.dfilA I 9 • 19 44 1 8%2x t1 ww.+µ•.4.41 lia# A 3 °I . 19.0(p 3 5/2)01 1`luvw4. -' 1.4.4 424 Co,1'f q 1 2 S'/2x I i 1L ' AL " _ _�L... / _ - ■ _ 2..y I a • N. oi I a'/2x % 1 . 3 9i • i,.1 •oc, 2 24K _ 1" , a I 5 • 5 . o2 2 S/2x I5 4fl i(4 ' •__ _ • THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints ❑ For review and comment ❑ Other: ❑ FOR BIDS DUE 20 ❑ Prints returned after loan to us REMARKS COPY TO SIGNED: 1 r. NicoIi Egineering , Inc,. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 September 19, 2006 NEI# 06-0416 City of Tigard City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Re: Dalton's Northwest Catering Addition Minor Modification & Development Adjustment Request 8530 SW Pfaff le Street Tigard, OR 97223 Attn: Cheryl Caines, Dear Ms. Caines: Dalton's Northwest Catering is proposing to construct a 970 S.F., single-story addition to their existing catering business facility. The Pre-Application Meeting was attended by Mr. Dalton on March 28, 2006. The proposed addition is to be located to the east and attached to their existing facility. The applicant is requesting that the proposed development be processed as a Type 1, Minor Modification, per Section 18.360.060 of the City of Tigard Community Development Code. Associated with the minor modification request a Development Adjustment (Type 1 Procedure) is also being requested for the side yard setback. A narrative addressing the approval criteria is outlined in Section 18.370.020 (B). If you have any questions, please advise. Respectfully Submitted, ...*,,,,,,,HR a.......L..-.--L-- Jim Andrews JDA: dhl X-.\J-060416 Dalton.Dave-New Building\Letters\Letter-Summary re Addition 091906 doc Page 1 of 1 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com . . ■ VNicoli Euigineering , Inc,. • 620-2086 PO Box 23784 Tigard, Oregon 97281 Phone: (503) 620 2086 Fax: (503) 684-3636 September 19, 2006 NEI# 06-0416 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Development Adjustment Request Building Addition for Dalton's Northwest Catering 8530 SW Pfaffle Street Tigard, OR 97223 Attn: Tom Coffee Director of Community Development Dear Mr. Coffee: Dalton's Catering Northwest is requesting a "Development Adjustment" per Section 18.370.020 of the City of Tigard Community Development Code. Information below addresses the applicable adjustment being requested and a narrative addressing the approval criteria. The specific "Development Adjustment" being requested is for a 20% reduction of the dimensional standard for the side yard setback required in the base zone. The site is zoned as CP — Professional Commercial and abuts a residential zone (R-25) to the east. Per Table 18.520.2, Footnote (8), A 20' setback is required. The proposed 16' setback is 4'-0" less (a 20% reduction) of the required 20' setback and can be granted by means of a Type I Procedure, as allowed by Section 18.370.20 (B) b. Per Section 18.745.050 (2), buffering and screening is required, due to the different type of adjacent use to the east (residential). Table 18.745.1 requires a buffer Type "D" as described in Table 18.745.2. The proposed development will utilize Option 2 from Table 18.745.2, and as noted on the Landscape Plan, Sheet 1 of 2 of the attached drawings submitted by Nicoli Engineering, Inc. The following narrative addresses the approval criteria as noted in section 18.370.020 for a Development Adjustment; and is in response to Subsection B2. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The site is small (Approximately 10,000 S.F.) and has restrictions, which make this adjustment appropriate. The site is bordered by a cell tower to the west, the right-of-way for Highway 217 to the south, Pfaffle Street to the north and a residential zone to the east. The previous improvements (parking Lot and 1/2 X\J-060416 Dalton,Dave-New Building\Letters\Letter re Development Adjustment 091906 doc Page 1 of 2 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com Street Improvements) along with the adjacent site restrictions, have limited the available space/area for any possible expansion to the east of the existing facility. See Nicoli Engineering, Inc. Sheet 1 of 2. The proposed Development Adjustment for the side yard setback of 4' is the smallest adjustment, which would allow the new proposed kitchen to function in a safe and efficient manner, and would allow the best, most efficient, economical use of the remaining developable area of the site. b. The adjustment will result in the preservation of trees, if trees are present in the development area; The proposed adjustment will not require the removal of any existing trees. The building addition has been situated on the site in order to preserve the existing street trees along Pfaffle Street. c. The adjustment will not impede adequate emergency access to the site; The existing site access and circulation will not be effected/modified by the proposed development or approval of the requested development adjustment. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. The site is small, approximately 0.23 Acres. The only reasonable option for the proposed addition is to the east of the existing facility. The existing structure (built as a small family residence) is not structurally capable of supporting a second or third story addition, without substantial structural upgrade and long- term interruption of the current operating activities. The parking lot to the south was constructed as a part of the recent land use and permitting approvals. To locate the proposed addition in this area would not allow the necessary vehicle parking and manufacturing area for the existing business and change the previously approved parking and circulation area. Therefore, the only reasonable, remaining area for the addition is to the east, as proposed. The requested adjustment allows the only remaining developable area to be used to its maximum desired effect. Respectfully Submitted, Jim Andrews JDA: dhl X 1J-060416 Dalton.Dave-New Building\Letters\Letter re Development Adjustment 091906 doc Page 2 of 2 Nicoli E1 !gineering , Inc. PO Box 23784 ,Ti ard Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 9 9 September 19, 2006 NEI# 06-0416 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Development Adjustment Request Building Addition for Dalton's Northwest Catering 8530 SW Pfaffle Street Tigard, OR 97223 Attn: Tom Coffee Director of Community Development Dear Mr. Coffee: Dalton's Catering Northwest is requesting a "Development Adjustment" per Section 18.370.020 of the City of Tigard Community Development Code. Information below addresses the applicable adjustment being requested and a narrative addressing the approval criteria. The specific"Development Adjustment" being requested is for a 20% reduction of the dimensional standard for the side yard setback required in the base zone. The site is zoned as CP— Professional Commercial and abuts a residential zone (R-25) to the east. Per Table 18.520.2, Footnote (8), A 20' setback is required. The proposed 16' setback is 4'-0" less (a 20% reduction) of the required 20' setback and can be granted by means of a Type I Procedure, as . allowed by Section 18.370.20 (B) b. Per Section 18.745.050 (2), buffering and screening is required, due to the different type of adjacent use to the east (residential). Table 18.745.1 requires a buffer Type "D" as described in Table 18.745.2. The proposed development will utilize Option 2 from Table 18.745.2, and as noted on the Landscape Plan, Sheet 1 of 2 of the attached drawings submitted by Nicoli Engineering, Inc. The following narrative addresses the approval criteria as noted in section 18.370.020 for a Development Adjustment; and is in response to Subsection B2. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The site is small (Approximately 10,000 S.F.) and has restrictions, which make this adjustment appropriate. The site is bordered by a cell tower to the west, the right-of-way for Highway 217 to the south, Pfaffle Street to the north and a residential zone to the east. The previous improvements (parking Lot and 1/2 X:U-060416 Dalton,Dave-New BuildinglLetters'Letler re Development Adjustment 091906 doc Page 1 of 2 9025 SW Center Street Tigard,OR 97223 -- www.nicoliengineering.com Street Improvements) along with the adjacent site restrictions, have limited the available space/area for any possible expansion to the east of the existing facility. See Nicoli Engineering, Inc. Sheet 1 of 2. The proposed Development Adjustment for the side yard setback of 4' is the smallest adjustment, which would allow the new proposed kitchen to function in a safe and efficient manner, and would allow the best, most efficient, economical use of the remaining developable area of the site. b. The adjustment will result in the preservation of trees, if trees are present in the development area; The proposed adjustment will not require the removal of any existing trees. The building addition has been situated on the site in order to preserve the existing street trees along Pfaffle Street. c. The adjustment will not impede adequate emergency access to the site; The existing site access and circulation will not be effected/modified by the proposed development or approval of the requested development adjustment. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. The site is small, approximately 0.23 Acres. The only reasonable option for the proposed addition is to the east of the existing facility. The existing structure (built as a small family residence) is not structurally capable of supporting a second or third story addition, without substantial structural upgrade and long- term interruption of the current operating activities. The parking lot to the south was constructed as a part of the recent land use and permitting approvals. To locate the proposed addition in this area would not allow the necessary vehicle parking and manufacturing area for the existing business and change the previously approved parking and circulation area. Therefore, the only reasonable, remaining area for the addition is to the east, as proposed. The requested adjustment allows the only remaining developable area to be used to its maximum desired effect. Respectfully Submitted, Jim Andrews JDA: dhl X:U-060416 Dalton,Dave-New Building LetterstLetter re Development Adjustment 091906.doc page 2 of 2 w VNicoli Engineering ,, Inc. Wilk PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 September 19, 2006 NEI# 06-0416 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Development Adjustment Request Building Addition for Dalton's Northwest Catering 8530 SW Pfaffle Street Tigard, OR 97223 Attn: Tom Coffee Director of Community Development Dear Mr. Coffee: Dalton's Catering Northwest is requesting a "Development Adjustment" per Section 18.370.020 of the City of Tigard Community Development Code. Information below addresses the applicable adjustment being requested and a narrative addressing the approval criteria. The specific "Development Adjustment" being requested is for a 20% reduction of the dimensional standard for the side yard setback required in the base zone. The site is zoned as CP— Professional Commercial and abuts a residential zone (R-25) to the east. Per Table 18.520.2, Footnote (8), A 20' setback is required. The proposed 16' setback is 4'-0" less (a 20% reduction) of the required 20' setback and can be granted by means of a Type I Procedure, as allowed by Section 18.370.20 (B) b. Per Section 18.745.050 (2), buffering and screening is required, due to the different type of adjacent use to the east (residential). Table 18.745.1 requires a buffer Type "D" as described in Table 18.745.2. The proposed development will utilize Option 2 from Table 18.745.2, and as noted on the Landscape Plan, Sheet 1 of 2 of the attached drawings submitted by Nicoli Engineering, Inc. The following narrative addresses the approval criteria as noted in section 18.370.020 for a Development Adjustment; and is in response to Subsection B2. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The site is small (Approximately 10,000 S.F.) and has restrictions, which make this adjustment appropriate. The site is bordered by a cell tower to the west, the right-of-way for Highway 217 to the south, Pfaffle Street to the north and a residential zone to the east. The previous improvements (parking Lot and 1/2 X:1.1-060416 Dalton,Dave-New Building\Letters1Letter re Development Adjustment 091906.doc Page 1 of 2 9025 SW Center Street Tigard,OR 97223 — www.nicoliengineering.com Street Improvements) along with the adjacent site restrictions, have limited the available space/area for any possible expansion to the east of the existing facility. See Nicoli Engineering, Inc. Sheet 1 of 2. The proposed Development Adjustment for the side yard setback of 4' is the smallest adjustment, which would allow the new proposed kitchen to function in a safe and efficient manner, and would allow the best, most efficient, economical use of the remaining developable area of the site. b. The adjustment will result in the preservation of trees, if trees are present in the development area; The proposed adjustment will not require the removal of any existing trees. The building addition has been situated on the site in order to preserve the existing street trees along Pfaffle Street. c. The adjustment will not impede adequate emergency access to the site; The existing site access and circulation will not be effected/modified by the proposed development or approval of the requested development adjustment. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. The site is small, approximately 0.23 Acres. The only reasonable option for the proposed addition is to the east of the existing facility. The existing structure (built as a small family residence) is not structurally capable of supporting a second or third story addition, without substantial structural upgrade and long- term interruption of the current operating activities. The parking lot to the south was constructed as a part of the recent land use and permitting approvals. To locate the proposed addition in this area would not allow the necessary vehicle parking and manufacturing area for the existing business and change the previously approved parking and circulation area. Therefore, the only reasonable, remaining area for the addition is to the east, as proposed. The requested adjustment allows the only remaining developable area to be used to its maximum desired effect. Respectfully Submitted, Jim Andrews JDA: dhl X:U-060416 Dalton,Dave-New Building\Letters\Letter re Development Adjustment 091906.doe Page 2 of 2 . . ■ NicoIi Engineering , Inc. ■ PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 September 19, 2006 NEI# 06-0416 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Minor Modification Request Building Addition for Dalton's Northwest Catering 8530 SW Pfaffle Street Tigard, OR 97223 Attn: Tom Coffee Director of Community Development Dear Mr. Coffee: The following narrative addresses the approval requirements/criteria as noted in section 18.360.060 for a Minor Modification and are in response to Section 18.360.050B of the City of Tigard Community Development Code. 18.360.0508. Evaluation criteria. The Director shall determine that a major modification(s) 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; Not applicable. 2. A change in the ratio or number of different types of dwelling units; Not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; No additional onsite parking is required for the proposed addition. The existing kitchen (599 S.F.) is being relocated/moved into the proposed addition (970.6 S.F.). The addition will allow the kitchen to operated in a less "cramped", safer, and more efficient manner. No new employees will result from the proposed addition. If/when additional parking may be required, additional spaces can be provided along the southern edge of the existing parking lot. At this time, no additional parking is required. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The existing type of structure (wood-framed) will not be changed with the proposed addition. Under the previous building code (1998 Oregon Structural Specialty Code) and City records the type of construction is categorized as a type V-N construction. The recently adopted 2003 International Code with the State of Oregon 2004 Amendments X.\J-060416 Dalton,Dave-New Building\Letters\Letter re minor modification 091906 doc Page 1 of 3 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com categorizes this building as a Type V-B construction. Although the category nomenclatures have changed between the previous and current codes, the descriptions/definitions remained the same. Therefore the type of commercial structure will remain the same. 5. An increase in the height of the building(s) by more than 20%; The existing building height will not be increased by the proposed addition. The existing and new roof ridge is designed to align and will match/maintain the existing roof height. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposed addition will not change the type or location of the existing access ways or parking areas. Two existing spaces will be relocated to the southern edge of the existing parking lot for access to the proposed addition. Therefore, off-site traffic will not be affected. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The purpose of the proposed addition is to increase the working area/environment of the kitchen/food preparation space. No hiring of additional employees is anticipated. Therefore, no substantial, if any, increase in vehicular traffic is anticipated. 8. An increase in the floor area proposed for a nonresidential use by more than 10%excluding expansions under 5,000 square feet; The 970 S.F. addition is under the 5000 S.F. expansion threshold. 9. A reduction in the area reserved for common open 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 existing landscaping/open space (36.8%)will be reduced by 9.7% by the proposed addition. The remaining landscaped area (27.1%)will still be greater than the required minimum landscape standard of 15%, as noted in Table 18.530.2 and under the 10% reduction allowed. 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; Not applicable b. Screening; and/or No reduction of the existing buffer/screening requirements will be required by the proposed development. X:U-060416 Dalton,Dave-New BuildinglLetters1Letter re minor modification 091906 doc Page 2 of 3 c. Landscaping provisions. As noted in Item 9 above, there will be a reduction (9.7%) in the landscaping due to the addition being located in the existing lawn area. The remaining landscaping will be of a greater percentage than the minimum Community Development Code Standard. Additional vegetation will be provided adjacent to the addition in the buffer zone along the eastern property line. 11. A modification to the conditions imposed at the time of site development review approval, which is not the subject of Bl through 10 above of this subsection. To the best of our knowledge, no modifications are being proposed which would conflict with the previous conditions as noted in Site Development Review Approval SDR 2001-00004 and Adjustment VAR 2001-00015. Respectfully Submitted, Jim Andrews JDA: dhl X:1,1-060416 Dalton,Dave-New Building1LettersLLetter re minor modification 091906.doc Page 3 of 3 `H I C O I I Project: ADDITION FOR DALTON'S CATERING Page: 1 I Client: DAVID DALTON By: JDA ENGINEERING, INC. Job No.: 06-0416 Date: 9-19-06 N -- -- -- -- -- -- -- 7-11V-0'ACCE66 EA6E7-ENT I ''''‘......."----(2)RELOCATED 6PACE6 ,1 1 1 I 1 i 1 I MIA TO111DW1 T PROM= AO POMO 01 10 013 ACNW I OPAIIIIII { O NNW T13 REI"IOVE(])EXI6T'RJ7� I \ �PARKRIG 6PACE6 AND 1 RELOCATE TO SOUTH ' I 1 I REMOVE(E I 1{1C.�17p:11iM1 I 8 116AEEL I I g o \ tT177D11rST14! I I I.,r - mums ■ N. / V� / / / /4 r T a IWO I it PnoPOND.iDDrrlaN 34'-6'x f:62 6P. 's"bC16TRYi S I 1 o j 'SETBACK i�d SEE NOTE EELOUi IR C CK WALL (E)cum AND SIDEWALK NOTE 6RE SPOIRV+TION DEVELOPED MOM'ON 61TE'OESERVATION C•E<161W s a CQOITIGN& NORTH PROPERTY LINE LOCATION AND STREET PLOW.OCTARED p MOM DCCLPENTS PRODUCED fOR TI• RECENT HALF STREET 11114T15. NE L REC0,119.06 THAT T}E EASTERN PROPERTY LSE CE VERIFIED PRIOR TO „i START CP CON6T116ICTION. - - - S.W. PFAFFLE STREET— - - - - — SITE PLAN EXISTING AND PROPOSED 1"=20' NORTH 9025 SW Center Street - PO Box 23784 Tigard Oregon 97281 • Phone: (503) 620-2088 Fax: (503) 684-3636 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 • IN .1 , • . . T I GARD December 19, 2006 Nicoli Engineering, Inc. P.O. Box 23784 Tigard, OR 97281 Re: Permit No. VAR2006-00081 Dear Sir/Ms.: The City of Tigard has canceled the above referenced permit(s) and enclose a refund for the following: Site Address: 8530 SW Pfaffle St. Project Name: Dalton's Catering Job No.: N/A Refund: Check#49068 in the amount of$106.00. Credit card"return" receipt in the amount of$N/A. Notes: Application withdrawn as variance requested cannot be granted. Refund 80% of application fee. If you have any questions please contact me at (503) 718-2430. Sincerely, Dianna Howse Permit Specialist Enc. \Building\Refunds\LtrRefund-CancelPermit.doc 05/04 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 City of Tigard TIGARD Tidemark Refund Request This form is used for refund requests of land use, engineering and building application fees paid by all methods. 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: Nicoli Engineering,Inc. DATE: 11/30/06 P.O. Box 23784 Tigard, OR 97281 REQUESTED BY: Dianna Howse CAC TRANSACTION INFORMATION: Receipt #: 2006-4598 Case #: VAR2006-00081 Date: 9/20/06 Address/Parcel: 8530 SW Pfaffle St. Pay Method: Check Project Name: Dalton's Catering EXPLANATION: Application withdrawn as variance requested cannot be granted. Refund 80%of application fees. REFUND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Example: [BUILD] Permit Fee _ Example: 245-0000-432000 $Amount [LANDUS] Development Adjust 100-0000-438000 592.40 [LRPF] LR Planning Surcharge 100-0000-438050 13.60 TOTAL REFUND: S 106.00 APPROVALS: If under S500 Professional Staff If under S5,000 Division Manager �_ If under S22,500 Department Manager ,g If under S50,000 City Manager If over S50,000 Local Contract Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: I Date: I /� mac+% L By: L\Budding`,Refunds‘RefundReguest.doc 09/15/(16 CITY OF TIGARD 9/20/2006 • 13125 SW Hall Blvd. 2:51:00PM • Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004598 Date: 09/20/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2006-00013 [LANDUS]Minor Modification 100-0000-438000 490.00 MMD2006-00013 [LRPF]LR Planning Surcharge 100-0000-438050 72.00 VAR2006-00081 [LRPF]LR Planning Surcharge 100-0000-438050 38.50 VAR2006-00081 [LANDUS]Admin Variance 100-0000-438000 262.50 Line Item Total: $863.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check NICOLI ENGINEERING,INC ST 1412 In Person 863.00 Payment Total: $863.00 4" "FE &L, .s 'TWA-ni5FE"/''— %Z - V uSj .2)c.�/rccf'�`> ' I�Tus7- /n/ Ttr-E-- ( i% SEE s, 2 /2_(vEA/6c c /9-e c _ cReceipt.rpt Page 1 of I Irr, CITY OF TIGARD 7 11/30/201:28AM Fees Associated With 13125 SW Hall Blvd. TIGARD Tigard,OR 97223 503.639.4171 Case #: VAR2006-00081 Fee Start End Revenue Created Type Date Date Dept Description Account Number By Date Amount Due LRP1 12/28/2004 12/31/2020 [LRPF] LR Planning Surcharge 100-0000-438050 ST 9/20/2006 =• 0.00 ADMN 12/28/2004 12/31/2020 [LANDUS] Admin Variance 100-0000-438000 ST 9/20/2006 262. i 0.00 ADJU 12/28/2004 12/31/2020 [LANDUS] Development Adjust 100-0000-438000 ST 9/20/2006 :x115.50 0.00 ADMN 12/28/2004 12/31/2020 Refund- [LANDUS] Admin Varian 100-0000-438000 DLH 9/26/2006 -11 .50 `;,500.00 LRP1 12/28/2004 12/31/2020 Refund- [LRPF] LR Planning Su 100-0000-438050 DLH 9/26/2006 '4;",; wwl._r. `. 0.00 ADMN 12/28/2004 12/31/2020 Refund- [LANDUS].Admin Varian 100-0000-438000 DLH 9/26/2006 -147.00 0.00 Total Due: $0.00 /42v..v r/.9,€ oZ6 . S!� TT�}-G AP/A - /-7'?"-52) - /4/ 7, z) //S. ..1-2) — /, S . SO 0 / 2, 6—o X PO To = /3 . Coo bE(/. F4&.7. 74 J/ $, mar, Fo 70 = 9a . 90 /-",'.2 , acv /OG , oz) ... Ivizi Af - �o 4. . c G 5o Joa i`4( Page I of 1 Caserces..rpt q Planning Division Request for Permit Action or Refund TIGARD TO: CITY OF TIGARD Permit System Administrator 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 FROM: ❑ Owner ❑ Applicant ® Contractor ❑ City Staff (check one) Name: Nicoli Engineering, Inc. (Business or Individual) Mailing Address: P. O. Box 23784 City/State/Zip: Tigard, OR 97281 Phone No.: (503) 620-2086 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1): ® CANCEL PERMIT APPLICATION. ® REFUND PERMIT FEES (attach receipt,if available). ❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). Permit#: VAR2006-00081 Site Address or Parcel #: 8530 SW Pfaff le St. Project Name: Dalton's Catering Subdivision Name: Lot #: EXPLANATION: The variance requested for a side yard setback reduction cannot be granted because the neighboring property is zoned residential. The 20-foot setback must be met. The application has been withdrawn. /'EFuA/L) 9 _ Signature: 1 Q �C -,.t Q.� Date: 11/21/06 Cheryl aines Print Name: Refund Policy 1. The Director may authorize the refund of a) any fee which was erroneously paid or collected. b) not more than 80 percent of the application fee when an application is withdrawn or canceled before any review effort has been expended. 2. Refunds will be returned to the original Payer in the same method in which payment was received. FOR OFFICE USE ONLY Rte to Sys Admin: Date liv Rte to Bldg Admin: Date By Refund Processed: Date By Invoice Processed: Date By Permit Canceled: Date //JO). iyerre Parcel Tag Added: Date By Receipt#G4,..-if S-i ' Date T/�t;/c' Method ��-. Amount$ I:\Citywide\Tidemark\forms\Rey Permit.kction-Ping.doc Rev 1)2/27/1)6 Nicoll Engineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 November 17, 2006 NEI# 06-0416 COVER LETTER City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 Re: Dalton Catering Minor Modification 8530 SW Pfaffle Street, Tigard, OR 97223 Case File No.: MMD2006-00013 Attn: Cheryl Gaines, Assistant Planner Dear Ms. Caines: We have revised our documents to include the required 20' side yard setback and included a water quality vault to meet current water quality requirements. All references to the Development Adjustment Request have been deleted. If the application fee for the Development Adjustment Request (VAR206-00081) is refundable, please advise me as to the process. If you have any questions, please feel free to call. Respectfully Submitted, Jim Andrews JDA: dhl X.1J-060416 Dalton,Dave-New BuildinglLetters\Letter Cheryl Caines Cover Letter City of Tigard 111706 doc Page 1 of 1 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com