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MMD2003-00001 MMD2003 00001 GUSTAV ' S BAVARIAN PUB AND GRILL CITY OF TIGARD January 17, 2003 OREGON Gustav's Lincoln Center Attn: Joe Van Lom P.O. Box 13068 Portland, OR 97213 RE: Casa Lupita to Gustav's Minor Modification Request, Case File No. MMD2003-00001 Dear Mr. Lom: This letter is in response to your request for a Minor Modification (MMD2003-00001) of the existing Casa Lupita restaurant, within the Lincoln Center site development located at SW Greenburg and SW Locust, WCTM 1S135AB, Tax Lot 01003. You have requested a small expansion of the restaurant along with associated façade changes. The submitted site plans reflect the current conditions as well as the proposed modifications. 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 description 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 proposal includes creating 612 additional square feet of restaurant space, with a net increased requirement of 10 spaces (15.3 spaces per 1,000 gross square feet). However, the entire development site has a total of 2,369 spaces and a net requirement of 2,184 spaces, with a surplus of 185 spaces after the remodel. Therefore, additional on-site parking is not required. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 Pa.- 1 • • 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change 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 has not proposed any changes to the existing building that will affect the height. Therefore, this standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This application will not affect driveways, accessways or parking aisles. Since off site traffic will not be affected, 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. There is no change to the type or intensity of use proposed. The modification request is for site and landscaping improvements. This modification will not generate significant additional vehicle trips. Therefore, this criterion is met. 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 proposal will expand the square footage of the building approximately 612 square feet, which is below the 5,000 square foot threshold. 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. The proposal will not reduce existing open space areas presently at 26.8% of the site area, in compliance with code requirements. 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 proposed modifications to the site will not reduce or eliminate project amenities. Recreational facilities, screening, and landscaping will not be detrimentally affected. Therefore this criterion is met. 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. The City has reviewed numerous land use applications for the area known as the Lincoln Center. The site was annexed to the City of Tigard in 1987 at which time it received the City's Commercial Professional (C-P) zoning designation. The 12-story Lincoln Tower was approved later in 1987 (SDR 87-08/V 87-07) along with a variance to the maximum building height standard of the C-P zone. In 1988, a Conditional Use Permit was approved allowing a heliport on top of the Lincoln Tower. In 1989, the City gave Site Development Review approval for the Lincoln V building (SDR 89-12/V 89-17) with a variance to the maximum building height requirements and parking dimensional standards. In 1990, SDR approval was granted for a 7-story office building and 3-level parking structure (SDR 90-0022/VAR 90-0033). A variance to the maximum building height standard was also approved. In 1999, a proposal for two new buildings was approved, however, this approval was never acted on, and has since expired. On March 28, 2002, the Washington Square Regional Center Plan was adopted, and the zoning Page 2 of 3 designation of the property changed to MUE-1. A review of these previous decisions reveals that compliance with specific conditions of approval will not be affected. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. Limitations on Minor Modification Approval This approval is based on the plans and drawings submitted, as well as the statement provided by the applicant. Deviation from these documents shall render this decision void. 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. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 2428. Since ly, Morgan Tracy Associate Planner \\tig333\usr\depts\curpin\morgan\workspace\mmd\mmd20o3-00001 (gustav's).doc Page 3 of 3 MINOR MODIFICATION i'l■ TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION ' C350 Property Address/Location(s): ,t123.0-0 SO G Z-et H -(ZC- RA, 1 C,AZO ,OR c1722 Tax Map & Tax Lot#(s): ti 5 13'i A P,O i n O 3 FOR STAFF USE ONLY Site Size: +' 2 5.5 34 .sue . FT: / rl Case No.(s):� O Z�� - 0 000 Applicant*: Gr. -n s v'& t, coc.... c€ rC/2-- r ',rt. Other Case No.(s): ' i P.Address: o- Sox /344 Y Receipt No.: 2(Y)3 Lib 3 s City/State: 7 47z-a ,_.0/2 Zip: 97213 Application Accepted By:c--p/ Primary Contact: jot t14.-) Low, Date: '/ 3(c' Phone: 5-b3_ Z_2.-0S9O Fax: 5b3— Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: F'Qu1T�/ ocGc cE P2oPF.a.T(S s,,,TE/160 Rev.7/22/2002 is\curpin\masters\revised\minormod.mst Address:l!/oZtoo ski a,za.rduac, /ZaHO Phone: 503-e92-2-tea City/State: f)277.4--'. , coot Zip: 91213 REQUIRED SUBMITTAL ELEMENTS * When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. [ Application Form PROPOSAL SUMMARY Li Owner's Signature/Written Authorization The owners of record of the subject property request permission for a ❑ Title Transfer Instrument or Deed Minor Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not ❑ Site Development Plan (3 copies) invoke one or more of the 11 criteria discussed within Section 18.120.070(B) of the Tigard Development Code. If the modification ❑ Site/Plot Plan (reduced 8'/:"x 11") exceeds the maximum allowed under any one or more of the �" Applicant's Statement (3 copies) following criteria, a Major Modification review is required. Major MoaifiCations are pi ucessed ii1 the Sarno ,r,a n,Cr :as a net-^! Site (Addressing Criteria Under Section 18.360.050(B) Development Review. In a separate letter, please address the Filing Fee $435.00 criteria below contained in Section 18.360.050(B) including a detailed response to each criteria. I. An Increase in dwelling unit density or lot coverage for residential development. In addition, the Director must find that the 2. A change in the ratio or number of different types of dwelling units. proposed change complies with the underlying 3. A change that requires additional on-site parking in accordance with Chapter 18.165. standards of the applicable zoning district. To 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. complete this review, the Applicant's proposal 5. An increase in the height of the building(s) by more than 20%. must include a discussion indicating how the 6. A change in the type and location of accessways and parking areas where off-site traffic would be site expansion will continue to comply with the affected. minimum setback, building height, parking land 1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 landscaping standards. Other applicable vehicles per day. requirements such as minimum Clear Vision 8. An increase in the floor area proposed for a non-residential use by more than 10% exduding areas near driveways and street intersections expansions under 5,000 square feet. may also be applicable depending on where 9. A reduction in the area reserved for common open space and/or usable open space that reduces the the building expansion is proposed to be open space area below the minimum required by this code or reduces the open space area by more constructed on the site. than ten percent. 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. II. 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. r 'APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. • SIGNATURES of each owner of the subject property. DATED this —3 day of �fc lvn34'(-- ,20 O • i Owner's Signature Owner's Signature Owner's Signature Owner's Signature A CITY OF TIGARD 1/6/2003 13125 SW Hall Blvd. 12:52:56PM n „ Tigard,Oregon 97223 ,�- 'IL (503) 63 9-417 1 Receipt #: 27200300000000000035 Date: 01/06/2003 Line Items: . Case No Tran Code Description Revenue Account No Amount Paid MMD2003-00001 [LANDUS] Minor Modification 100-0000-438000 435.00 Line Item Total: $435.00 Payments: Method Payer User ID Acct/Check Approval No. How Received Amount Paid Check GUSTAV'S GERMAN PUB& KJP 003015 In Person 435.00 GRILL Payment Total: $435.00 ARCHITECTS VAN LOMNCOMPANY XTRANSMITTAL MEMO DATE: 1/10/03 JOB NO: 0102 TO: City Of Tigard RE: Gustav's Pub And Grill 13125 SW Hall Blvd. Tigard, Oregon Tigard, OR 97223 ATTN: Morgan Tracy Per our conversation, see the enclosed Letter of Authorization, Title Transfer Instrument, plot plan at 8 1/2"x11", and 3 copies of the Site Development Plan. rec 1f,3/03 BY: Tom Louris VIA: Mail TOTAL PAGES: ARCHITECTS VAN LOM+COMPANY, AIA, PC 34 NW FIRST, SUITE 309 PORTLAND, OR 97209 503.226.0590 PHONE 503.273.8649 FAX architects@vanlom.com EMAIL Equity Office. ernes Trust Lincoln Center 10260 SW Greenburg Road,Suite 100 Portland,Oregon 97223 phone 503.892.2500 fax 503.892.2510 www.equityoffice.com Equity Office January 10, 2003 Morgan Tracy,Associate Planner CITY OF TIGARD 13125 SW Hall Blvd. Tigard OR 97223 RE: Letter of Authorization Site Modification Application—Lincoln Center To Whom it May Concern: Please accept this letter as authorization for Tom Louris of Architects Van Lom to represent Gustav's Lincoln Center,Inc.L.L.C., (Guten Foods)and OR-Lincoln,L.L.C. (Equity Office)in an application for Minor Building Modifications at the Lincoln Center restaurant site, 10350 SW Greenburg Road. The Site Modification project is more specifically occurring on: Tax Maps/lot# 151AB01003. We appreciate your time and attention in this matter. If you have any questions or concerns,please contact me at 503.892.2500. Sincerely, EQUITY OFFICE Krista R. Bailey Property Manager Cc: Tom Louris,Architect Van Lom e, 0 0 • L7101S WM VS -• • —i•'••• p,Qp o --_ ------ - --____ =..-�� .- • '--- - 40i �S`t n 1 uu�� ll����LL L [NIA� _ { , -,. W { I1 �I 11 .,t1 ftIW11111� IITTi . 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J ��� . i X11 1' /Y iv 'µ 0 - .'2 / .d :it _;Il' 111. 1 11 40 V i�.-,g, • ,., _ .-_ — - ° a- a -��•In 1 I I 111 t \/ , _ - -' I� I •caa I �1 v•�ri `!r 'I1IIIt t'� 1 1 - - 11 1 — -►� w 1 1• 1 11 O IQ' •AR , !/ 'tr. 1:?t•• '���«s [a to + F In 1 1 ;, � •� - .1 1 S" .� _ ��� '� It• IS.. . � 1 _ Sy ,.,t•I I{I a �Itl 1 /r -h lS 1St'?II `_- X I I� •y ,I�iif!I'lIII'I I1 �' Oar I;.It — JG ifsg //. O 1 I I�1 u �' .14\/Z P • 1�1••� I //r t ■+. ' o �>i �1 i' 1 I •II ! ! I I • -I ■ I i.IiIIIl '1111 1 1 1_ ■ - �� O e I . films L{nxn•..s I __ 1 1 COMMITMENT FOR TITLE INSURANCE IV Chicago Title CHICAGO TITLE INSURANCE COMPANY OF OREGON P.O. BOX 218 PORTLAND, OREGON 97207 Chicago Tit L „trance `�-~` RIM Company of Oregon 1 4 b COMMITMENT FOR TITLE INSURANCE ////,..1&6 44 . CHICAGO TITLE INSURANCE COMPANY OF OREGON ... :, L Chicago Title Insurance Company of Oregon, an Oregon corporation, herein called the Company, fora valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof.by the Company, either at the time of the issuance of this Commitment or subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and - obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. r t _ • Ifk CHICAGO I I I Lt IN�uru on..,c ,JMPANY OF OREGON By: �� Ncr "'"i tORPOIfATfs President gvd1 8 `moo By: v Authorized Signature Secretary COMMITMENT FOR TITLE INSURANCE-1966 Reorder Form No. 9410 COMMITMENT FOR TITLE INSURANCE • Schedule A CHICAGO TITLE INSURANCE COMPANY 10001 SE SUNNYSIDE ROAD OF OREGON CLACKAMAS, OR 97015 Telephone: (503) 653-7300 June 2, 2001 Order No. : 229492 Escrow No. : NBU 020101152 Site: 0118 To: EQUITY OFFICE HOLDINGS, LLC c/o Chicago Title Insurance Co. 171 N. Clark Street Chicago, IL 60601 ATTN: Cindy Malone 1 . Effective Date: May 25, 2001 at 8:00 a.m. 2 . Policy or Policies to be issued: Standard Owners Coverage Liability and Premium to be Determined Pr=nsed Insured: TO BE DETERMINED 3 . The Estate of interest in the land described or referred to in this Commitment and covered herein is: Fee simple as to Parcels I, II, III, IV, V, VI and VII and an Easement Estate as to Parcel VIII . 4 . Title to the estate or interest in said land is at the effective date herein vested in: S?IEKER PROPERTIES, L.P. , a California limited partnership 5. The land referred to in this Commitment is described as follows: (Continued) • CHICAGO TITLE INSURANCE COMPANY OF OREGON • By�41111 _ __ - L AIL Juli- M. Fisher Tit e Officer • SCHEDULE B - SECTION 1 Order No. 229492 Schedule B of the policy or policies to be insured will contain exceptions to the following . matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if, any created, first appearing in the public records, or attaching subsequent to the effective date hereof prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. GENERAL EXCEPTIONS (Standard , overage Policies only) 1. a. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the • public records . b. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 . a. Easements, liens, encumbrances, interests or claims thereof which are not shown by any public records. b. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. a. Unpatented mining claims; b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; c. Water rights, claims or title to water; whether or not the matters excepted under (a) , (b) , or (c) are shown by the public records. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. • Order No: 229492 ' SPECIAL EXCEPTIONS (Continued) 5. An easement created by instrument, including terms and provisions thereof. Dated: November 27, 1978 Recorded: November 30, 19.78 Recorder' s Fee No. : 78052367 In Favor Of: Northwest Natural Gas For: Gas pipeline purposes Affects: Parcels IA, II, and III, and Parcels 2 and 3, Partition Plat 1991-055 6. Easements for existing public utilities in vacated street area and the conditions imposed thereby, Disclosed by Ordinance No. : 78-232 Entered: October 17, 1978 Recorded: January 2, 1979 Recorder' s Fee No. : 79000127 Affects Parcels IA, II, III and Parcels 2 and 3, Partition Plat 1991-055 7. An easement created by instrument, including terms and provisions thereof. Dated: September 10, 1979 Recorded: September 11, 1979 Recorder' s Fee No. : 79037015 In Favor Of: Washington County For: Traffic control facilities Affects: Parcel IA and Parcel 3, Partition Plat 1991-055 8 . Covenants, conditions, restrictions and easements, but omitting restrictions, if any. based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as contained in Memorandum of Real Estate Agreement; Recorded: November 7, 1979 Recorder' s Fee No. : 79045910 (Affects Parcels IA, IB, II, III, IV, V, VI and Parcels 1, 2 and 3, Partition Plat 1991-055) Said covenants, conditions, restrictions, and easements were amended by instrument; Recorded: December 30, 1982 Recorder' s Fee No. : 82034219 9. Easements for existing public utilities in vacated street area and the conditions imposed thereby, Disclosed by Ordinance No. : 80-129 Entered: May 16, 1980 Recorded: June 20, 1980 Recorder' s Fee No. : 80021653 Parcel IA (Continued) • Order No: 229492 SPECIAL EXCEPTIONS (Continued) 10. Easements for existing public utilities in vacated street area and the conditions imposed thereby, Disclosed by Ordinance No. : 81-166 Entered: August 11, 1981 - Recorded: We find no recorded copy Affects Parcel IA 11. Unrecorded Lease, including the terms and provisions thereof, ; Dated: November 17, 1981 Lessor: Crow-Spieker-Hosford #65, a Texas limited partnership Lessee: Sorel Restaurant Corporation, now known as Stouffer Restaurant Company Disclosed By: Memorandum of Lease Recorded: July 29, 1982 Recorder' s Fee No. : 82019048 (Affects Parcels IA, IB and a portion of Parcels II and IV) Parcels II and IV were released from said instrument by Quitclaim Deed; Recorded: October 14, 1987 Recorder' s Fee No. : 87052027 Parcel IS was released from said instrument by Release; Recorded: December 29, 1989 Recorder' s Fee No. : 89063776 The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown herein. 12. Unrecorded Lease, including the terms and provisions thereof, ; Dated: October 10, 1981 Lessor: Crow-Spieker-Hosford #65, a Texas limited partnership Lessee: Casa Lupita Restaurants, Inc. , a Washington corporation Disclosed By: Memorandum of Lease Recorded: July 29, 1982 Recorder' s Fee No. : 82019050 (Affect Parcel IA. ) Said Lease was modified by instrument; Recorded: October 19, 1982 Recorder' s Fee No. : 83038713 The above document was re-recorded by instrument, Recorded: April 13, 1984 Recorder' s Fee No. : 84013892 Parcel IB was released from said instrument by Release; Recorded: December 29, 1989 Recorder' s Fee No. : 89063775 The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown herein. (Continued) Order No: 229492 SPECIAL EXCEPTIONS (Continued) 13. Easements for existing public utilities in vacated street area and the conditions imposed thereby, Disclosed by Ordinance No. : 89-19 Entered: July 10, 1989 Recorded: July 24, 1989 Recorder' s Fee No. : 89033482 Affects Parcel III 14 . Lease, including the terms and provisions thereof. Dated: July 26, 1990 A memorandum of which was: Recorded: August 17, 1990 Recorder' s Fee No. : • 90044580 Lessor: Seiyu International Corp. , an Oregon corporation Lessee: U.S. West Direct (Affects Parcel V) The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown herein. 15. Non-Access reservation as shown on the recorded plat, Affects: One foot along the Westerly line of Parcels 2 and 3 of Partition Plat, 1991-055. 16. The rights of tenants, under Lease Agreements, as tenants only, including the terms and provisions thereof, as disclosed by Deed recorded September 28, 2000 as Recorder' s Fee No. 2000078535. 17. Matters set forth on Survey, Dated: July 31, 2000 Last Revised: September 25, 2000 Made by: OTAK Incorporated Project No. : 10508 As follows: A) Sign encroachment outside the southwesterly boundary of Parcel IA; B) Overhead power line encroachments along the South line of Parcels IA and IB; C) Fence encroachment outside the Easterly boundary of Parcel IV; D) Existing waterline located in the approximate area of vacated Mapleleaf Street running easterly through subject properties and benefiting Elementary School proper: to the east. 18. Construction Lien for the amount herein stated including costs; • Recorded: May 22, 2001 Recorder' s Fee No. : 2001047990 Amount: $816.07 Claimant: Day Management Corp. dba Day Wireless Systems 19. Construction Lien for the amount herein stated including costs; Recorded: May 22, 2001 Recorder' s Fee No. : 2001047991 Amount: $723.27 Claimant: Day management Corp. dba Day Wireless Systems (Continued) Order No: 229492 SPECIAL EXCEPTIONS (Continued) 20. The terms and provisions of the partnership agreement of Spieker Properties, L.=. , a copy of which should be furnished for our examination prior to closing. Any conveyance or encumbrance of partnership property must be executed by all of the general partners, unless otherwise provided for in the partnership agreement. NOTE: This report is subject to any amendments which might occur when the names of prospective purchasers are submitted to us for examination. NOTE: Any transfer of the herein described property is subject to the payment ci Washington County Transfer Tax at the rate of $1.00 per $1, 000.00 or fraction thereof of stated consideration. Taxes -for the fiscal year 2000-2001, including special assessment for the Metzer Park LID, paid in full, as follows: Levy Code: 023-81 Map No. 1S135AB Amount Account Tax Lot Affects: Paid: No. : No. : $172,400.78 'R1224776 1003 Parcel _IA $ 8, 030.89 •R2006732 1006 Parcel IB $114,203 . 57 R1323026 1004 Parcel II $107,864 .83 R1115288 1002 Parcel III $269,844 .43 R271967 3400 Parcel IV $183, 143 .47 R271583 900 Parcel V . $ 37,996 .06 R271565 700 Parcel VI $ 9,573 .78 R2017507 4400 Parcel VII (Parcel 1 of Plat) $ 42,259 .33 82017508 4500 Parcel VII (Parcel 2 of Plat) $ 7, 147.49 'R2017509 4600 Parcel VII (Parcel 3 of Plat) NOTE: Property address is identified as: 10330 SW Greenburg Road (Red Lobster, Parcel IA) 10300 SW Greenburg Road (One Lincoln, Parcel IA) 10350 SW Greenburg Road (Casa Lupita, Parcel IA) 10250 SW Greenburg Road (Parcel IB) 10220 SW Greenburg Road (Two Lincoln South, Parcel II) 10220 SW Greenburg Road (Two Lincoln North, Parcel III) '10260 SW Greenburg Road (Lincoln Tower, Parcel IV) 10200 SW Greenburg Road (Five Lincoln, Parcel V) 10250 SW Greenburg Road (Parcel VII) Tigard, Oregon END OF REPORT JMF/jmf June 2, 2001 LEGAL DESCRIPTION PARCEL IA: A parcel of land in the North one half of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being a portion of Blocks 12, 13 and 14, a portion of vacated S.: Mapleleaf Street (Resolution and Order No. 78-232) , a portion of vacated SW Hayes Street (Vol . 280, Page 172) , a portion of vacated SW Garfield Street (Vol. 278, Page 629) , also. including a part of a vacated, unnamed, dedicated roadway (Resolution and Order Nos. : 81-73, 80-129 and 80-166) , all within the TOWN OF METZGER, a recorded plat; also including portion of Lots 1, 2, 6 and 7, ASHBROOK FARM, a recorded slat, more particularly described as follows: Beginning at a point in the East line of the West 100 feet of Lot 7, ASHBROOK FARM, said point bearing North 00°36' 19" West 30.00 feet from the center line of SW Oak Street (County Road No. 823) ; thence South 89°34' 11" West parallel to and 30 feet Northerly from (when measured at right angles) said center line 343 .98 feet to a point in the Northerly line of the connection road leading from SW Greenburg Road to SW Oak Street as established by the Oregon State Highway Department; thence along said Northerly line North 78°40'05" West 72.48 feet to the beginning of a non-tangent 70. 00 foot radius curve right; thence in a Northwesterly direction along the arc of said curve 66. 00 feet through a central angle of 54°01' 08" (the long chord bears North 63°21' 53" West 63.58 feet to a point of tangency; thence North 36°21' 19" West 98 .74 feet to the beginning of a tangent 105.00 foot radius curve left; thence along the arc of a said curve 61.94 feet through a central angle of 33°47' 49" (the long chord bears North 53°15' 14" West 61.04 feet) to a point in the Easterly line of SW Greenburg Road as established by the Oregon State Highway Department and shown on Washington County Plat of County Road No. 2472; thence in a Northerly direction along the Easterly line of said County Road No. 2472 the following courses and distances: North 4°42'05" East 92.02 feet and North 16°00'41" East 32 .26 feet to a point in the Southerly line of the aforementioned unnamed, dedicated roadway; South 89°28' 00" West along said Southerly line 13.90 feet; North 14°10' 10" East parallel to the center line of SW Greenburg Road and 45.00 feet Southeasterly from (when measured at right angles) said center line 327.03 feet to a point in the Southerly line of vacated SW Mapleleaf Street; thence North 89°30' 00" East along said Southerly line 15.51 feet to a point 60.00 feet Southeasterly from (when measured at right angles) the center line of SW Greenburg Road; thence North 14°10' 10" East parallel to said center line 25.86 feet to the center line of SW Mapleleaf Street, aforesaid; thence North 89°30' 00" East along said center line 25 .88 feet to the beginning of a tangent 129.90 foot radius curve right; thence leaving the center line of SW Mapleleaf Street along the arc of said curve 73.82 feet through a central angle of 32°33'39" (the long chord bears South 74°13' 11" East 72.83 feet) to a point of tangency; thence South 57°56'21" East 74.99 feet to the beginning of a non-tangent 45.00 foot radius curve left; thence along the arc of said curve 141.37 feet through a central angle of 180°00' 00" (the long chord bears South 57°56'21" East 90. 00 feet to a point of non-tangency; thence South 57°56'21" East 53 . 48 feet to the beginning of a tangent 134.60 foot radius curve left; thence Easterly along the arc of said curve 145.02 feet through a central angle of • 61°43' 56" the long chord bears South 88°43' 19" East 138 .11 feet) ; thence South 24°33' 22" East 75.35 feet; thence along a line parallel to and 20.00 feet West from the East line of the West 100.00 feet of Lot 7, (extended Northerly) , ASHBROOK FARM, South 00°36' 19" East 122 .23 feet to the center line of the aforesaid unnamed, dedicated roadway; thence along said center line North 89°29'28" East 20.00 feet to a point in the Northerly extension of said East line of the West 100.00 feet of Lot 7, ASHBROOK FARM; thence along said Northerly extension and along said East line (Continued) • South 00°36' 19" East 2. . 08 .ceet to the point of beginni_•:g. EXCEPTING THEREFROM that portion thereof described as follows: A tract of land in the North one half of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon, being parts of Lots 1, 2, and 6 of ASHBROOK FARM, a recorded plat, all of the above being more particularly described as follows: Commencing at a point in the East line of the West 100 feet of Lot 7, ASHBROOK FARM, said point bears North 0°36' 19" West 30.00 feet from the center line of SW Oak Street (County Road No. 823) ; thence South 89°34' 11" West parallel to and 30 feet Northerly from (when measured at right angles) said center line along the Northerly line of said street 341.65 feet to a point therein, being the true point of beginning; thence leaving said line North 00°26' 14" West 161.36 feet; thence South 89°15' 40" West 76.03 feet; thence North 00°26' 14" West 9.70 feet; thence South 89°33' 45" West 60.50 feet; thence South 16°10' 51" West 32.40 feet; thence South 53°38' 41" West 43.38 feet to a point in the Northerly line of the connection road leading from SW Greenburg Road to SW Oak Street as established by the Oregon Department of Transportation; thence along said Northerly line South 36°21' 19" East 86.98 feet to the beginning of a tangent 70.00 foot radius curve left; thence along the arc of said curve 66.00 feet through a central angle of 54°01' 08" (the long chord bears South 63°21' 53" East 63.58 feet) to a point of non-tangency; thence South 78°40' 05" East 72.48 feet to a point 30.00 feet Northerly from (when measured at right angles) the center line of SW Oak Street, aforesaid; then North 89°34' 11" East parallel to said center line along the Northerly line of said street 2.33 feet to the point of beginning. PARCEL IB: A tract of land in the North one half of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon, being parts of Lots 1, 2, and 6 of ASHBROOK FARM, a recorded plat, all of the above being more particularly described as follows: Commencing at a point in the East line of the West 100 feet of Lot 7, ASHBROOK FARM, said point bears North 0°36' 19" West 30.00 feet from the center line of SW Oak Street (County Road No. 823) ; thence South 89°34' 11" West parallel to and 30 feet Northerly from (when measured at right angles) said center line along the Northerly line of said street 341.65 feet to a point therein, being the true point of beginning; thence leaving said line North 00°26' 14" West 161.36 feet; thence South 89°15' 40" West 76.03 feet; thence North 00°26' 14" West 9.70 feet; thence South 89°33' 45" West 60.50 feet; thence South 16°10' 51" West 32.40 feet; thence South 53°38' 41" West 43.38 feet to a point in the Northerly line of the connection road leading from SW Greenburg Road to SW Oak Street as established by the Oregon Department of Transportation; thence along said Northerly line South 36°21' 19" East 86. 98 feet to the beginning of a tangent 70.00 foot radius curve left; thence along the arc of said curve 66.00 feet through a central angle of 54°01' 08" (the long chord bears South 63°21' 53" East 63.58 feet) to a point of non-tangency; thence South 78°40' 05" East 72.48 feet to a point 30.00 feet Northerly from (when measured at right angles) the center line of SW Oak Street, aforesaid; then North 89°34' 11" East parallel to said center line along the Northerly line of said street 2.33 feet to the point of beginning. • PARCEL II : A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Ticard, County of Washington and State of Oregon, said parcel being more particularly described as follows: Beginning at the intersection of the Easterly line of that parcel recorded as Recorder' s Fee No. 87033598 on June 30, 1987, Washington County Deed Records, with the Southerly line of that parcel recorded as Recorder's Fee No. 85021966 on June 14, 1985, Washington County Deed Records; thence tracing the Southerly line of said Recorder' s Fee No. 85021966 parcel along the following courses and distances; East, 34 .36 feet; thence North 80°48' 00" East, 174 .50 feet; thence North 36°34' 06" East, • 10.00 feet; thence North 89°31' 21" East, 118 .00 feet to the Southeast corner of said Recorder' s Fee No. 85021966 parcel; thence leaving said Recorder's Fee No. 85021966 boundary, North 89°31'21" East, 70.78 feet; thence North 52°09' 56" East, 36.36 feet; thence North 00°30' 00" West, 30.22 feet; thence North 89°29' 03" East, 156.93 feet; thence South 49°12' 44" East, 24.85 feet to the center line of SW Mapleleaf Street, County Road No. 1508 and a point of non-tangent curvature; thence Southwesterly along the arc of a 320.00 foot radius curve right (the radius point of which bears North 50°32'40" West) through a central angle of 06°22' 37" , 35.62 feet (chord bears South 42°38' 38" West, 35.60 feet) to the point of curve left of a 487.28 foot radius curve; thence along the arc of said curve left through a central angle of 41°53'00" , 356.20 feet (chord bears South 24°53'27" West, 348 .33 feet) to the Southerly line of TOWN OF METZGER; thence South 89°29'28" West along said Southerly line, 1.54 feet to the Easterly line of that parcel recorded as Recorder' s Fee No. 87063789 on December 31, 1987, Washington County Records; thence South 00°36' 19" East along said Easterly line, 37 .05 feet; thence South 89°35' 05" West 153 .48 feet; thence North 45°30'00" West, 63 . 14 feet to an angle point in the Northerly line of said Recorder's Fee No. 87063789 parcel, which angle point is in the center line of that unnamed, vacated street adjoining the Southerly line of said TOWN OF METZGER; thence tracing the Northerly line of said Recorder' s Fee No. 87063739 parcel along the following courses and distances: North 45°30' 00" West, 119.38 feet; thence North 00°30' 00" West, 39 .65 feet; thence South 80°44' 00" West 139.65 feet to the Northwest corner of said Recorder' s Fee No. 87063789 parcel which corner is on the Westerly line of that parcel recorded as Recorder' s Fee No. 87052027 on October 14, 1987, Washington County Deed Records; thence tracing said Westerly line along the following courses and distances: North 00°36' 19" West along a line which is parallel to and 20.00 feet Westerly of, when measured at right angles to, the East line of the West 100 feet of Lot 7, ASHBROOK FARM, (extended Northerly) 23 .93 feet; thence North 24°33'22" West, 75.35 feet to a point of non-tangent curvature on the Easterly line of said Recorder' s Fee No. 87033598 parcel; thence tracing said Easterly line along the following courses and distances: Northeasterly along the arc of a 134.60 foot radius curve left (the radius point of which bears North 29°40' 10" West) through a central angle of 02°04' 11" West 4 .86 feet (chord bears North 59°17'44" East, 4.86 feet)• to the point of curve left of a 112.00 foot radius curve; thence along the arc of said curve left through a central angle of 45°10' 52", 88.32 feet (chord bears North 35°40' 11" East 86.05 feet) to the point of beginning. • PARCEL III: • A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Ticard, County of Washington and State of Oregon, said parcel being more particularly described as follows: Commencing at the Northeast corner of that parcel recorded as Recorder' s Fee No. (Continued) 87033598 on June 30, 1_ . , Washington County Deed Recorb':,, tuence South 00°30' 00" East along said Easterly line, 225.4 feet to the true point of beginning of the parcel herein described; thence North 89°28' 50" East, 129. 13 feet; thence North 80°47' 21" East 211 .59 feet; thence South 00°30' 38" East, 16. 16 feet; thence South 45°00' 00" East, 56 .78 feet; thence North 89°30' 00" East, 272. 02 feet to a point of non-tangent curvature; thence Southwesterly along the arc of a 320.00 foot radius curve right (the radius point of which bears North 66°30' 36" West) through a central angle of 15°57' 56" , 89. 17 feet (chord bears South 31°28'22" West, 88.88 feet) to the center line of SW Mapleleaf Street, County Road No. 1508; thence North 49°12'44" West 24 . 85 .feet; thence South 89°29' 03" West, 156.93 feet; thence South 00°30' 00" East, 30 .22 feet; thence South 52°09'56" West 36.36 feet; thence South 89°31'21" West, 70.78 feet to the Southeast corner of that parcel recorded as Recorder's Fee No. 85021966 on June 14, 1985, Washington County Deed Records; thence tracing the Southerly line of said Recorder' s Fee No. 85021966 parcel along the following courses and distances : South 89°31' 21" West, 118 .00 feet; thence South 36°34' 06" West, 10 .00 feet; thence South 80°4.8' 00" West, 174 .50 feet; thence West 34 .36 feet to a point of non-tangent curvature on the Easterly line of said Recorder' s Fee No. 87033598 parcel ; thence tracing said Easterly line along the following courses and distances: Northeasterly along the arc of a 112.00 foot radius curve left (the radius point of which bears North 76°55' 15" West) through a central angle of 13°34' 45" , 26.54 feet (chord bears North 06°17'23" East, 26.48 feet) ; thence North, 00°30' 00" West, 143 .59 feet to the true of point of beginning. PARCEL IV: A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, said parcel being more particularly described as follows: Beginning at the Northwest corner of that parcel recorded as Recorder's Fee No. 87063789 on December 31, 1987, Washington County Deed Records; thence tracing said Northerly line along the following courses and distances: North-80°44'00" East, 169.65 feet; thence South 00°30' 00" East, 39.65 feet; thence South 45°30' 00" East, 119.38 feet to an angle point in said Northerly line, which angle point is in the center line of that unnamed, vacated street adjoining the Southerly line of TOWN OF METZGER; thence leaving .said Northerly line South 45°30' 00" East, 63 . 14 feet; thence North 89°35' 05" East, 158.48 feet to the Easterly line of said Recorder's Fee No. 87063789 parcel; thence tracing the Easterly, Southerly and Westerly boundaries of said Recorder' s Fee No. 87063789 parcel along the following courses and distances: South 00°36' 19" East, 127.76 feet; thence South 89°34' 11" West, 9.96 feet; thence South 00°36' 19" East, 120.00 feet to a point which is 30.00 feet Northerly of, when measured at right angles to, the center line of SW Oak Street; thence South 89°34' 11" West parallel to said center line, 425.00 feet to the East line of the West 100 .00 feet of Lot 7, ASHBROOK FARM; thence North 00°36' 19" West along said East line, 292.08 feet to the center line of said unnamed, vacated street adjoining TOWN OF METZGER; thence South 89°29' 28" West along said center line 20. 00 feet to a point 20 .00 feet West of, when measured at right angles to the East line of the West 100.00 feet to said Lot 7, ASHBROOK FARM (extended Northerly) ; thence North • 00°36' 19" West along the Northerly extension of a line parallel to and 20.00 feet West of, when measured at right angles to the East line of the West 100.00 feet of said Lot 7, ASHBROOK FARM, 98 .25 feet to the point of beginning. . (Continued) PARCEL V: A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, said parcel being more particularly described as follows: Beginning at the Northeast corner of that parcel recorded as Recorder's Fee No. 87033598 on June 30, 1937, Washington County Deed Records; thence North 89°30'00" East along the Northerly lines of Blocks 8 and 9, TOWN OF METZGER, 338 .25 feet; thence South 00°30' 38" East, 193 .32 feet; thence South 80°47'21" West 211.59 feet; thence South 89°28'50" West, 129 . 13 feet to the Easterly line of said Recorder's Fee, No. 87033598 parcel; thence North 00°30' 00" West along said Easterly line, 225.41 feet to the point of beginning. PARCEL VI : A parcel of land in the Northeast one quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, said parcel being more particularly described as follows: Commencing at the Northeast corner of that parcel recorded as Recorder' s Fee No. 87033598 on June 30, 1987, Washington County Deed Records; thence North 89°30' 00" East along the Northerly lines of Blocks 8 and 9, TOWN OF METZGER, 338 .25 feet to the true point of beginning of the parcel herein described; thence North 89°30'00" East along the Northerly lines of Blocks 7 and 8, TOWN OF METZGER, 339.42 feet to the Northeast corner of said Block 7; thence South 00°32'04" East along the Easterly line of said Block 7, 119.68 feet to the point of curve right of a 320.00 foot radius curve; thence along the arc of said curve right through a central angle of 24°01' 28", 134.18 feet (chord bears South 11°20' 40" West, 133.20 feet) ; thence South 89°30' 00" West, 272.02 feet; thence North 45°00' 00" West, 56.78; thence North 00°30' 38" .West, 209.48 feet to the true point of beginning. PARCEL VII : Parcels 1, 2 and 3, PARTITION PLAT 1991-055, in the County of Washington and State of Oregon. PARCEL VIII: Together with appurtenant easements as set forth in that certain Memorandum of Real Estate Agreement recorded November 7, 1979 as Recorder's Fee No. 79045910 and as modified by Modification thereof recorded December 30, 1982 as Recorder's Fee No. 82034219 and as modified by certification and agreement as to Memorandum of Real Estate Agreement recorded July 23, 1990, as Recorder's Fee No. 90-38655. • -..4 •-r.rwrt•.4rr• I• 1 IOW / I �� 81 J.� :,, �___ -- — -- — /E- ' Syl.... —_. —_�, _ LOCUST--T -- — . ....__.. —_.�..-. .•STREE�y. -- . q ••r ,.. _. .4, :.' Too .1..' N• I INK 2200?? J.1 1130' 7 / z 4.630 I,.' an;. a 1 n III 4 3 2 1 1 11 4\M S . xti;n 1 Wi. 4 s 1 x 1 M . 0 3 x 1 1 > /Cpi --_r •� r l Q 1 "a + t + 1- 4. i'`aN +x fix+_i W1 6 1 3 .F- 1 %r 3 9 a 21zW Il f 8" ayf1 t $ 7 r ° }_-1 ° 6 it i° 5 12 l . . i } 4 c I- N r ±--A-- 4Ny rN. 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I '1 ...rl .I. •.. .I .r.•• .':.• .. ,y_I`- *e V r.rAY . -1t a S.W. 1 1.i .4 'OAK lir.a1-r:..1 J. 1+_ STREETa>/ 9 �n // A 5(3 MAP SLL MAP I 17 1 JJSO °1 11AO `` 100 4032533(N7►W►OS[f ONLY 00 NOT 1107 ON/O•ANY OTML•033 'I TIGARO IS I 35AFi CHICAGO TITLE INSURANCE COMPANY N Map number 1 S 1 3S /elJ This plat is for your aid in locating your land with reference to streets and others parcels. While this plat is believed to be correct, the company assumes no liability for any loss occurring by reason of reliance thereon. t ARCHITECTS VAN LOM+COMPANY January 3, 2003 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR. 97223 RE: Minor Modification Application— APPLICANTS STATEMENT Director of planning: Sir, please see the following detailed response to the criteria listed on the Minor Modification Type 1 Application (attached): 1. An increase in dwelling unit density or lot coverage for residential development. A. This application is for a small expansion/remodel of a vacant restaurant building, and is non residential. 2. A change in the ratio or number of different types of dwelling units. A. This application is for a small expansion/remodel of a vacant restaurant building, and is non residential. 3. A change that requires additional on-site parking in accordance with chapter 18.765. A. It is consistent with this development to consider the parking requirements for the entire adjacent Lincoln office center and the other restaurant, Red Lobster, Along with this application for a future Gustav's Bavarian Pub and Grill.With a total office space of 708,911 SQ.FT. And total restaurant space (2 restaurants)of 17,050 SQ.FT. Requires 2174 stalls. Currently the complex provides 2369 stalls, 195 stalls more than required. With a restaurant expansion of 612 SQ. FT. the total additional stalls required per chapter 18.765 (15.3/1000 sq.ft.) Is 9.3 or 10 stalls. Required parking is well below the existing number of stalls. 4. A change in the type of commercial or industrial structures as defined by the uniform building code. A. This application is for a small expansion/remodel of an existing vacant restaurant building. There will be no change in the type of construction ARCHITECTS VAN LOM i-COMPANY, ALA, PC 34 NW FIRST, SUITE 309 PORTLAND, OR 97209 503.226.0590 PHONE 503.273.8649 FAX architects @vanlom.com EMAIL f ARCHITECTS VAN LOM+COMPANY 5. An increase in the height of the building by more than 20%. A. There will be a minimal area at the main building entrance where the building height will increase, but not above the existing building height. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. A. There will be no change to the existing accessways and parking. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. A. A 612 SQ Ft expansion would generate approximately 10 additional trips per day. 8. An increase in the floor area proposed for non residential use by more than 10% excluding expansions under 5000 SQ FT. A. The proposed area increase is 612 SQ FT., well below 5000 SQ FT 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 area by more than 10% A.The proposed area increase is 612 SQ FT is a build-out of an existing outdoor patio space and has not been considered common open space. 10. A reduction of project amenities(recreational facilities,screening,and/or, landscaping provisions) below the minimum established by the code or by more than 10% where specified in the site plan. A. There is no reduction in project amenities 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. A. N/A Thank you Thomas W. Louris Project Manager Architects Van Lom + Company