MMD2003-00002 MMD2003 00002
GREENBURG OAKS
APARTMENTS
1'
-�bLv-
January 20, 2003 CIW OF TIGARD
OREGON
Community Partners for Affordable Housing, Inc.
Attn: Martin Soloway
PO Box 23206
Tigard, OR 97281
Dear Mr. Soloway:
This letter is in response to your request for Minor Modification (MMD2003-00002) approval to replace the
existing stairs and landings on the non-conforming structures known as Greenburg Oaks Apartments. The
site is located at 11905 SW 91' , and is described as WCTM 1S135DC-02000.
The Tigard Community Development Code, Site Development Review Section, states; "if the requested
modification meets any of the major modification criteria, that the request shall be reviewed as a new Site
Development Review application."
Section 18.330.020.B.2 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 propose any increase in density. Therefore, this standard is met.
2. A change in the ratio or number of different types of dwelling units. The applicant has
proposed to replace the existing stairs and landings. The development is non-conforming due to
the proximity of the buildings to the lot lines. There is no proposed change to the ratio or number
of different types of dwelling units. This criterion is satisfied.
3. A change that requires additional on-site parking in accordance with Chapter 18.765. The
proposed change would not require any additional on-site parking. This standard is met.
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 building is proposed. The
applicant has also applied for a building permit to make the necessary changes. The proposed
changes will serve to make the structures and facilities safer. Therefore, this criterion is not
applicable.
5. An increase in the height of the building(s) by more than 20 percent. The building height will
not be increased as a result of this proposal.
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected. This request will not require a change in accessways or parking areas where
off-site traffic would be affected. Therefore, this criterion does not apply.
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day. This modification is not expected to generate anymore vehicular
trips than what is already occurring. Therefore, this criterion is satisfied.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 Page 1 of 2
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 renovations will not increase the floor
areas of any of the apartments. This standard is not applicable.
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 modification will not affect landscaping or
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 ten percent
where specified in the site plan. The addition will not reduce project amenities.
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. A search of City records shows that
there have been no prior approvals for this development within the City of Tigard. The approval of
this project was made in Washington County. Any major modifications to the site will require a
comprehensive review under current standards. This criterion is met.
THIS REQUEST HAS BEEN APPROVED AS PROPOSED. PLEASE SUBMIT A COPY OF THIS
LETTER WITH YOUR PROPOSED MODIFICATIONS TO THE BUILDING DEPARTMENT.
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. 2434.
Sincerely,
Ze4c,
Brad Kilby, AICP
Associate Planner
c: 2003 Planning Correspondence file
Page 2 of 2
APPLICANT
MATERIALS
" • A
A MINOR MODIFICATION
:alte TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): II/Q5 -Chi 9I t, TGv P41
02, 17=�3
Tax Map &Tax Lot#(s): 1 ,j/ 3 S_ bc- -a �0 FOR STAFF USE ONLY
Site Size: j , 0 i Case No.(s): ,L14 WO-L.):: -t::,..,3,-.2_
Applica nt*: C9hMuN�T J P it raC1.5 ffa..AfrNr evr� h.■ii iNC;) ,/NG Other Case No.(s):
Address: r J• Ggx 7,-32-0 b Receipt No.: zvo 3 - Q o�,z, y
City/State: T C-tA14, 0 11, Zip: '1 72e I Application Accepted By:
Primary Contact: MA12--(1 l SowW Date: 7/ //v j
Phone: ( 03)i 6$ - 217# Fax: (5.03)51Y ,89Z3
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: / 90 n 3
cctrrlrvfn/11 jpA1l'I 1-S f912_ 00.0 -+Bil,V• irovtSING?, /wCG. Rev.7/22/2002 is\curpin\masterslrevised\ inormod.mst
Address: 1'.Qv.. a,,x 2---41-,6 Phone:(S°3)(I 6S-Z-12t
City/State: C'V 1 Q °ft_ Zip: °17241
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. [(r Application Form
PROPOSAL SUMMARY Er Owner's Signature/Written Authorization
The owners of record of the subject property request permission for a 0 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 V 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 (1 Site/Plot Plan (reduced 8'12"x 11")
exceeds the maximum allowed under any one or more of the Statement (3 copies)
following criteria, a Major Modification review is required. Major
Modifications are processed in the same manner as a new 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
7. 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% excluding 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 speafied in the site plan.
I I. 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 .I
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 ` / d- day of`I K (-4_0.L , 20 '2
.b? w P,•.
Owner's Signature 1' U / Owner's Signature
• /by v rak t c-` (?ct l I. P.
Owner's Signature Owner's Signature
Mc r7lt //J d (0(ot1
e.�y 4) r ► ecralr J
C -i7I) H
CITY OF TIGARD 1/17/2003
13125 SW Hall Blvd. 11:18:33AM
0,,,,,m�,,,,.. ;�, Tigard,Oregon 9 72 23
`'1�.. (503) 639-4171
Receipt #: 27200300000000000204
Date: 01/17/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD2003-00002 [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 VILLA LAPAZ LIMTED PARTN KJP 2583 In Person 435.00
Payment Total: $435.00
-.0 UNTIL A CHANGE IS REQUESTED, AFTER RECORDING RETURN TO:
ALL TAX STATEMENTS SHALL BE C
SENT TO THE FOLLOWING ADDRESS: I 1 I 56) 5ti"A ve true , S-4e S200
For-*OrcAi a1Z g7zoo
Coil rrwn i fix'Tt\er5 ' '%'
A-f r f,-d e b to 1-}pu E t wok, SIn L.
V .130x I2 10
T+ccy�acell OR. 9 278 1 - 3662
Avw. ex.11tec-kor
STATUTORY WARRANTY DEED
(ORS 93.850)
Villa La Paz Investors, Ltd., a California limited partnership, Grantor, conveys and
warrants to VILLA LA PAZ Limited Partnership, an Oregon limited partnership, Grantee, the
real property described on the attached Exhibit A, which description by this reference is hereby
incorporated herein as if set forth in full, free of encumbrance, except as specifically set forth on
the attached Exhibit B, which exceptions by this reference are hereby incorporated herein as if
set forth in full.
The true and actual consideration for this conveyance stated in dollars is the sum of
g F $2;96770tY0700, which is the whole consideration.
,1:101j907, Sodas
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
DATED this i Y 4-day of Febuary, 1997 a's+CNCTON NSFE Y
Y arY� REAL PkfOPERTY TRANSFER TAX
o? qDg-t)' 02-/Zo/97
GRANTOR
VILLA LA PAZ INVESTORS, LTD., a
California Limited Partnership
By: Bruce Feldman, Inc., a California
Corporation, General Partner
B 1�-
Y
Bruce Feldman, President
•
1 - STATUTORY WARRANTY DEED r DKL\NIISC\0660.doc
State of California
County of-3 =S.r C(c r
On February 1997 before me 4RobL L , M i ( (L/r ,a Notary Public,
personally appeared Bruce Feldman,who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity as President of Bruce Feldman,Inc.,the sole general partner of Villa La
Paz Investors,Ltd.and upon behalf of same he executed the within instrument.
WITNESS my hand and official seal
ROBIN L. MILLER
, •A � I� I / IV1t='_�y",�� y Comm.#996013
Notary Public in and or California 0..t�: NOTARY PLEILIC CALIFORNIA
C� ;f SANTA CLARA COUNTY
»�-;LL�• Comm%.... s May 31 1997
Description of attached document:
cvr'tA Or-k'r
EXHIBIT A
PARCEL I:
A part Of Lot 63, AMENDED PLAT OF NORTH TIGARDVILLE ADDITION, in the City of Tigard,
Washington County, Oregon, described as follows:
BEGINNING at a point on the North line of said Lot 63 which is North 89°23' East, 423.63
feet from the Northwest corner thereof; thence North 89°23' East, 100.00 feet to an iron
pipe on the Northwesterly line of Lincoln Avenue; thence along said Northwesterly line
South 55°41' West, 83 .20 feet to an iron pipe; thence North 34°19' West, 55 .49 feet to the
point of beginning.
EXCEPT the East 25 feet thereof as recorded on November 21, 1968, in Book 724, Page 747.
ALSO EXCEPT that portion conveyed to the public for road purposes in Book 575, Page 602.
PARCEL II:
A tract of land in the Southeast quarter of Section 35, Township 1 South, Range 1 West
of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described
as follows'
BEGINNING at the Northeast corner of John L. Hicklin Donation Land Claim No. 54; thence
West 14 .68 chains; thence South parallel with the West line of said Claim, 30.25 chains
to the South line of the North half of said claim and the true point of beginning of the
tract to be described; thence West along the South line of said North half, 6.62 chains;
thence North parallel with the West line of said claim, 100 feet; thence East parallel
with the South line of the North half of said claim, 6.62 chains; thence South 100 feet
to the true point of beginning.
EXCEPT the Westerly 290.05 feet thereof.
AND ALSO EXCEPT that portion conveyed to the public for road purposes in Book 575, Page
602, also recorded November 2, 1968, in Book 724, Page 747.
PARCEL III:
A tract of land in Section 35, Township 1 South, Range 1 West of the Willamette Meridian,
in the City of Tigard, Washington County, Oregon, described as follows:
BEGINNING at a point in the center of Greenburg Road which bears South 89°34' West ale
Donation Land Claim line 968. 9 feet and South 0°02' East, 1237. 5 feet from the Northea
corner of the John Hicklin Donation Land Claim; thence South 0°02' East along t
Easterly line of that tract of land conveyed to Lou and Grace Rogers by deed recorded i
Book 144, Page 577 of Washington County, Oregon, Deed Records, 376.35 feet to a poir
which bears North 0°02' west 282.85 feet from the Northeast corner of the 1 .00 acre tra
)f land conveyed to Myrtle L. Severson by deed recorded in Book 161, Page 91 of sa
deed records, which is the true point of beginning herein; thence from said true poi'
•
of beginning North 89°56' West, 218 .0 feet to the Southeast corner of the James O'Rourke
3 .0 acre tract of land as described in Page 191, in Book 123 of said Deed Records;
thence West along the South line of said O'Rourke property, 218 .46 feet to a point on
the West line of the Rogers property described in Book 144, Page 577; thence South along
the West line of said Rogers property, 282.85 feet to the Northwest corner of that tract
conveyed to Myrtle L. Severson by deed recorded in Book 161, Page 91; thence East along
the North line of said Severson tract to a point on the East line of said Rogers tract
above mentioned; thence North along the East line of said Rogers tract, 282 .85 feet to
the place of beginning
EXCEPT that portion conveyed to the public for road purposes over the East 20 feet,
recorded November 18, 1965, in Book 576, Page 602, also recorded November 21, 1968, in
Book 724, Page 747 .
5
EXHIBIT "B"
1 . The herein described premises are within and subject to the statutory power of
assessment of UNIFIED SEWERAGE AGENCY.
2 _ Easement, including the terms, rights and provisions thereof,
For - : Storm sewer
Granted to : CITY OF TIGARD
Recorded : July 1, 1980
Fee No. : 80023058
Location : The Easterly 10 feet of Parcels II and III
Re-recorded : October 3, 1980
Fee No. 80035331
3 . Rights of the public and governmental agencies in and to any portion of said land
included within the boundaries of S.W. 91st Avenue.
4. Lease, including the terms and provisions thereof,
Lessor PRELL & ZACHARIAS
Lessee : COIN METER COMPANY
Dated : July 15, 1990
Recorded : March 21, 1991
Fee No. : 91013572
Affects : Laundry rooms
5 . . Project Use Agreement, including the terms and provisions thereof,
Between : COMMUNITY PARTNERS FOR AFFORDABLE
HOUSING and OREGON HOUSING AND
COMMUNITY SERVICES DEPARTMENT
Recorded August 16, 1996
Fee No. : 96073413
6. Leases and/or tenancy of existing tenants .
r
M E M O R A N D U M
To: Brad Kilby,Associate Planner, City of Tigard
13125 SW Hall Blvd, Tigard, OR 97223(503-639-4171)
From: Lewis Chui
Project: Greenburg Oaks Stair Replacement Project number: 202108
Date: 1/14/03
ofi
I
Re: Minor Modifications Statement
•
•
REPLACEMENT OF EXISTING WOOD STAIRWAY BY STEEL STAIRWAY
The proposal replaces seven existing, deteriorating stairs with steel stairs with concrete treads.
Each stair is used by the residents of the apartment complex as a secondary means of egress in
case of emergency. Due to the existing substandard condition of the stairs, this proposal was •
initiated by the Owner to ensure safety.
a
This proposal is not a major modification and is considered a minor modification per Section •
18.360.060.A of the Zoning code because it does not result in: y
-an increase in dwelling unit density; •
-a change in the ratio or number of different types of dwelling units; e
•
-a change that requires additional on-site parking;
-a change in the type of commercial or industrial structures; •
-an increase in building height;
-a change in the type and location of access ways and parking areas;
-an increase in vehicular traffic to and from the site;
-an increase in the floor area for a nonresidential use;
-a reduction in area for common open space; !'
•
-a reduction in project amenities. •
•
•
Due to the proximity of the existing stairs to adjacent property lines, the new stairs will be kept at +
the same locations with matching dimensions. in most cases, the new stairs maintain or increase
•
the amount of existing setbacks. Upon completion, the visual impact due to the replacement to •
neighbors is deemed to be minimal; the existing condition is preserved as much as possible.
•
•
copies to: HDC, CPAH, File •
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February 5 20 0() _ •s`v
03 Q
Lewis Chul
S Architects, c
1 121S Salmon,ln
Portland, 2 suite 100
��
Re: 205 ®REG 'ARD
Rep/ace aN
nt
B(1p20 SO/91 Sof Existing
0300 Buildings Wood St
Dear Lewis 021 ngs 1 ,4 Stairways to Steel
We e j4r ks gparncrete
d rear re thlyd qusdisW e request
e referenced rep/ace the
run the it and unsafe.taus currently that ad existing w
constraints,e sam entl at se dres , °°d
e as the There y are constructed as the s The affected stases with
the exit air a acne adding he proposal a s is to rep/ace ce°f wood second :hsevereron t� e vis er g ui the
t9 sDiv sue with gypsudngs ,;tthe rise and
man haenv Coare extremely with
thethe owners and at the within e site
Although in guardrail/handrails fairs r The inadequate existing conditions.saf a of
tha the news will drastically° inst/come /ete/ is e concur Brad Kilby With
the overall from will i,npr°epletelY noncombustible the h
Thee era/l increase n safety combustible t et the strict the current it is o tib jp with
Therefore, °noncombustible letter of exiting situation. '
Modifications,per your le a ety meets the intent the code, t�°n
Although no s p are grant and;n acco ant o f the coaeubstatial� our opinion
1" Because pied we have your request st with 4SSC sough tha
current e current site constraints d AppendixtCthe fol% lconditions.
Section 104.2.7,
Cause of in relation cons he new Ststairs will b Ater 34 as
existing building their proximity 11 be less rep/aced in the
hazardous sa
l j25 SW Nall B/v pans then°f°to beeprOpert l than he°cation
Blvd., Tigard, Q/?q,�2 come more unsafis will net
D(503)5842772
2 Site constraints show there are practical difficulties in obtaining the
maximum 8 inch rise for the stairs. We will approve the rise to be a
maximum of 8 1/2 inches which is the current rise of the stairs. This will not
cause the existing building or parts thereof to become more unsafe.
3. The finish to finish dimensions make it impractical, if not impossible, to
provide a minimum of 30 inches in width for the stairway. The proposal is
to maintain a minimum of 29 inches in width. This will not cause the
existing building or parts thereof to become more unsafe.
4. Special inspection is required for the steel fabrication and welding per
structural notes on Sheet S-1 and OSSC Section 1701.5. Carlson Testing,
Inc. has been identified as the agency that will perform the tests. Reports
of all tests shall be forwarded to Hap Watkins, Inspection Supervisor at
13125 SW Hall Blvd. Any discrepancies shall be brought to the immediate
attention of the contractor for correction.
5. The structural engineer is requiring structural observation after the first
stairway is constructed. These reports shall also be forward to Hap
Watkins at the above address.
6. A copy of the approved plans shall be kept on site at all times and shall be
made available to the City inspectors for inspection purposes.
In our opinion, the replacement of the stairs to noncombustible to the same
standard as the existing stairs does not make the building or exiting system more
unsafe than it was before. We believe that it in fact increases the safety simply by
the fact that the new stairs have far less maintenance, are structurally safer and
provide a greater degree of safety overall than combustible stairs.
If you have any questions regarding this review, please call me at (503) 718-
2448.
Sincerely,
Garr] Lampella
Building Official
c. Hap Watkins, Supervising Inspector
Brad Kilby, Associate Planner
File