MMD2001-00016 N?IOA
XUOH NOJJSE[M
9T000 T003UF\IJAI
August 30, 2001 ,,n;i��.�,i
CITY OF TIGARD
Mark Gier OREGON
11563 SW 135th Ave.
Tigard, OR 97223
Dear Mr. Gier:
This letter is in response to your request for Minor Modification (MMD2001-00016) approval to
demolish an existing portion of the non-conforming use, and add a 50 square foot expansion to
the side of the existing building located at 9047 Burnham Circle, WCTM 2S102AD, Tax Lot
03200.
The Tigard Community Development Code, Non-conforming use section states that, "No such
nonconforming structure may be enlarged or altered in a way which increases its nonconformity,
but any structure or portion thereof may be enlarged or altered in a way that satisfies the
requirements of this title or will decrease its nonconformity." The 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."
This proposal will in fact decrease the nonconformity and therefore meets the intent of the Tigard
Development Code as it relates to nonconforming development.
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 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. Additional on-site parking is not required as a result of this proposal.
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. 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.
13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 •' '
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 will not generate more
than 100 additional vehicle trips per day. Therefore, this criterion does not apply.
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 calls for the
demolition of an existing structure and the construction of a 50 square foot addition.
Therefore, this standard does not apply.
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. The modification
will not impact any of the conditions of approval, as this site is nonconforming and has
never been subjected to site development review.
THIS REQUEST HAS BEEN APPROVED. 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 nonconforming structure. 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. 388.
Since ely,
Brad KiI y
Associate Planner
I:\curpin\bradminor modifications\mmd2001-00016
c: 2001 Planning Correspondence file
MMD2001-00016 Land Use file
Page 2 of 2
MINOR MODIFICATION
AA _i!' TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION .I i 1
Properly Address/Location(s):' 1Ou' l�(A) r°27"'
Map . 'ii���P /A FOR GAFF USE ONLY
Tax Ma & Tax Lot#(s): �. �
1 i/Y , Case No.(s): �`�W
Site Size: l J 1 ••
G/ hj .t.-- Other Case No.(s): __d*Ty
Applicant*: �f/ - p ��O 1
Recei t No.:
Address: i `'t Application Accepted ' ` • I .-
City/State: u VC,( 0`4 Zip: 9 7
Primary Contact: Date: Z I Q
Phone: 7 (j(� •.Q'J 3 Fax: s , . TI
I
Property Owner/Deed H Ider(s)*: (Attach list if 'o non ate Determined Complete:
f e � G, �A ! CC C - — Rev.3/5/2001 i\curpin\masters\revised 1minorrnod.rnst
lv I , I�Jur -ho - 5'' I Zi
Address:
City/State c .5 rn-cQ f a • Zip:
}�j
When the owner and the applicant are different people, the applicant II _
„ 11
mus, be the purchaser of record or a lessee in possession with written REQUIRE:7 :vv--,wuTTAL ELE v1E iI 7
authorization from the owner or an agent of the owner. The owner(s) (Note: applications will not be accepted
must sign this application in the space provided on the back of this without the required submittal elements)
form or submit a written authorization with this application.
PROPOSAL SUMMARY IN Application Form I
The owners of record of the subject property request permission for a
Minor Modification. To review a modification as a Minor gi Owner's Sigriatur f ritter i ation
Modification, the Director must first find that the expansic.n does not _ • .+�G_e-c� 0 - ,I
invoke one or more of the 11 criteria discussed within Section
Deed
18.120.C'70(B) of the Tigard Development Code. If the modification ] Site Development Plan (3 cop op 0
exceeds the maximum allowed under any one or more of the
following criteria, a Major Modification review is required. Major ] Site/Plot Plan (reduced 8'12"x 11")
Modifications are processed in the same manner as a new Site
Development Review. In a separate letter, please address the ] Applicant's Statement (3 copies)
criteria below contained in Section 18.360.050(B) including a detailed (Addressing Criteria Under Section 18.360.050(E)
response to each criteria. ] Filing Fee (City) _. $100.00 ,
I. An Increase in dwelling unit density or lot coverage for residential development. (Urban) $236.00
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 Uniform Building Code.
5. An increase in the height of the building(s) by more than 20%. In addition, the Director must find that the
6. A change in the type and location of accessways and parking areas where off-site traffic would be proposed change complies with the underlying
affected. standards of the applicable zoning district. To
7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 complete this review, the Applicant's proposal
vehicles per day. must include a discussion indicating how the
8. An increase in the floor area proposed for a non-residential use by more than 10% excluding site expansion will continue to comply with the
expansions under 5,000 square feet. minimum setback, building height, parking land
9. A reduction in the area reserved for common open space and/or usable open space that reduces the landscaping standards. Other appli.;able
open space area below the minimum required by this code or reduces the open space area by more requirements such as minimum Clear Vision
than ten percent. areas near driveways and street intersections
10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) may also be applicable depending on where
below the minimum established by this code or by more than 10%where specified in the site plan. the building expansion is proposed to be
I I. A modification to the conditions imposed at the time of Site Development Review approval that are not constructed on the site.
the subject of Criteria I through 10 above.
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of rt-U 'CT ,206 j
W G/6( '/1 E ClJV Ck..5 - C—
wner's Sign.t e Owner's Signature
Owner's Signature Owner's Signature
Receipt #: 27200100000000003550
....40._ ..,..e..-.... Date: 08/28/2001
T I D E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
MMD2001-00016 [MISC]Misc Fee 100-0000-451000 S100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check GIERS CONSTRUCTION 0 1492 0 $100.00
TOTAL AMOUNT PAID: $100.00
.'t °"Y �� First American Title Insurance CompanaEgfittegowNING
10260 SW Greenburg Road, Suite 170
Portland, OR 97223 AUG 2 8 2001
Phone: (503) 244-8323 Fax: (503) 244-8377
CITY OF TIGARD
August 7, 2001 I
Weston Body Works, LLC y
14802 SW 91st Avenue k LIncein Center
Tigard, OR 97224 w
Re: Escrow No.: 01052652-LS
Seller: JJ& R PROPERTIES,
LLC
Property: 9047 SW Burnham Road
Tigard, OR 97223 -�
Dear Weston Body Works, LLC:
CONGRATULATIONS on the purchase of your new property.
First American Title Insurance Company will be your Escrow Agent and Title Insurer. Your Escrow
Officer is Loyce E. Sorrell and your Escrow Assistant is Judy L. Robertson, who can be reached at(503)
244-8323; our fax number is (503) 244-8377.
We will contact you prior to your scheduled closing appointment to give you the amount needed for
closing, if any. Closing funds must be in the form of a cashier's check, wire transfer or money order.
Cashier's checks and money orders should be payable to First American Title. If you anticipate a wire
transfer, please call your Escrow Officer for specific procedures.
Enclosed please find the following:
(X) Fire Insurance and New Lender Information
(X) Privacy Disclosure
To expedite your closing please fill out this information and return it as soon as possible. To further
assist you, above is a map to help you find our branch and enclosed is a return envelope.
We will be in contact with you during the course of this transaction and we are looking forward to
meeting you.
Thank you for choosing First American Title Insurance Company.
Sincerely,
First American Titlensurance Co.
p /
Judy . R•bertson
Escrow Assistant
(Cos)
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