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MMD2011-00011 MMD2O11 - 00011 BOUNTY HUNTER MOTORCYCLE PARKING City of Tigard October 20, 2011 Bounty Hunter Saloon LLC 11445 SW Pacific Hwy Tigard, OR 97223 Re: Permit No. MMD2011 -00011 Dear Applicant: The City of Tigard has canceled the above referenced permit(s) and encloses a refund for the following: Site Address: 11445 SW Pacific Hwy Project Name: Bounty Hunter Job No.: N/A Refund Method: ® Check #204253 in the amount of $484.00. ❑ Credit card "return" receipt in the amount of $ Note: Please allow 2 -5 days for this refund transaction to be credited to your account by the company that issued your card. ❑ Trust account "deposit" receipt in the amount of $ Comment(s): Application not deemed complete, minor modification denied; refund 80% of application fee. If you have any questions please contact me at 503.718.2430. Sincerely, Dianna Howse Building Division Services Supervisor Enc. • 1:\ Building \ Refunds \1l, t5 gha aigajAgtrAgon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard or.gov III me City of Tigard TIGARD Accela Refund Request This form is used for refund requests of land use, development engineering and building application fees. Receipts, documentation and the Request for Permit Action form (if applicable) must be attached to this request. Refund requests are due to Accela System Administrator by Wednesday at 5:00 PM for processing by the following Wednesday. Accounts Payable will route refund checks to Accela System Administrator for distribution. Please allow up to 2 weeks for processing. PAYABLE TO: Bounty Hunter Saloon LLC DATE: 10/18/2011 11445 SW Pacific Hwy Tigard, OR 97223 REQUESTED BY: Dianna Howse Hap Watkins TRANSACTION INFORMATION: Receipt #: 183715 Case #: MMD2011 -00011 Date: 8/19/2011 Address /Parcel: 11445 SW Pacific Hwy Pay Method: Check Project Name: Bounty Hunter EXPLANATION: Application should not have been deemed complete - minor modification denied. Refund 80% of application fee. REFUND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Example: Building Permit Fee Example: 2300000 -43104 $ Amount Land Use Application Fee 100 -0000 -43116 $421.60 Land Use Application Fee - LRP Surcharge 100 -0000 -43117 62.40 TOTAL REFUND: $484.00 APPROVALS: If under $5,000 Professional Staff If under $12,500 Division Manager If under $25,500 Department Manager If under $50,000 City Manager If over $50,000 Local Contract Review Board FO,R TIDEMARK SYSTEM ADMINISTRATION USE ONLY: Case Refund Processed: Date: /t //( By: 4 1t 1 \ Building \ Refunds \RefundRegucst.doc x 09/01 /2010 1 C itfie----- IN a Community Development TIGARD Request for Permit Action TO: CITY OF TIGARD Building Division Services Coordinator 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 www. tigard- or.gov FROM: ❑ Owner Fr Applicant ❑ Contractor ❑ City Staff (check one) REFUND OR Name: INVOICE TO: (Business or Individual D .(it ��e , A....bili Mailing Address: 11/ / _5 5,--llJ i G City/State /Zip: f 1 ?i 1 og. 4 W-.2-3 Phone No.: 11 a `4 < 5 0 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓): C L 0 s & p PERMIT APPLICATION. REFUND PERMIT FEES (attach receipt, if available). Mt Aj O h D/7J ❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below). ❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). / Permit #: rn min 40/ -DD// Site Address or Parcel #: // 1 7/ 8 /C; G ii i 4 1, / y Project Name: 3L UM I t.rsi6 p bre- /.4 l4 Subdivision Name: / Lot #: EXPLANATION: 4 )//'I c - r, cheyt // 4 AA/P 6J -:!et,A ie€11Pi eh* /i — d 1 j2e i /reol- 4 Signature: 12Anagd Date: flO 9 //. /I/ Print Name: . ?a y {Q ( 10,4a iA g Refund Policy 1. The Director or Building Official may authorize the refund of a) any fee which was erroneously paid or collected b) not more than 80% of the land use application fee when an application is withdrawn or canceled before any review effort has been expended. c) not more than 80% of the land use application fee for issued permits. d) not more than 80% of the building plan review fee when an application is canceled before any plan review effort has been expended. e) not more than 80% of the building permit fee for issued permits prior to any inspection requests. 2. Refunds will be returned to the original Payer in the same method in which payment was received. Please allow 1 -2 weeks for processing refunds. FOR OFFICE I.TSI c l\ I 1 Rte to Sys Admin: Date By Rte to Admin: Date /Q ZB // By 17, Refund Processed: Date &FAO B d i g Invoice Processed: Date By Permit Canceled: Date /6 /zolt/ By ofb . 4 Parcel Tag Added: Date By Receipt # Date Method Amount $ I:\ Building \Forms \RegPem»tAction.doc Rev 07/26/07 CITY OF TIGARD RECEIPT n a . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 184297 - 10/20/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MM D2011 -00011 $- 484.00 Total: $484.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 204253 DHOWSE 10/20/2011 $- 484.00 Payor: Bounty Hunter Saloon LLC Total Payments: $- 484.00 Balance Due: $484.00 Page 1 of 1 • CITY OF TIGARD RECEIPT t3 13125 SW Hall Blvd., Tigard OR 97223 . 503 639 4171 TIGAAD Receipt Number: 183715 - 08/19/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD201 1 -0001 1 Minor Modification to an Approved Plan 100- 0000 -43116 $527 00 MMD2011 -00011 Minor Modification to an Approved Plan - 100 - 0000 -43117 $78 00 LRP Total: $605.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5742 STREAT 08/19/2011 $605 00 Payor: Bounty Hunter Saloon LLC Total Payments: $605 00 Balance Due: $0 00 • • Page 1 of 1 • NOTICE OF TYPE I DECISION - n MINOR MODIFICATION (MMD) 2011 -00011 's BOUNTY HUNTER MOTORCYCLE PARKING TIGARD. 120 DAYS = 01/11/2012 SECTION I. APPLICATION SUMMARY FILE NAME: Bounty Hunter Motorcycle Parking CASE NO.: Minor Modification (MMD) MMD2011 -00011 PROPOSAL: The proposal is to create a dedicated motorcycle parking area that also serves as a smoking area for customers. The net loss of three standard parking spaces in 2007 will be replaced by eight motorcycle spaces and one recovered standard parking space at the southeast corner of the lot. Some faded striping will be repainted and new spaces will be striped as shown on the plans. APPLICANT: Bounty Hunter Saloon OWNERS: Steven D. and Susan Merrill Mike Bell PO Box 2318 11445 SW Pacific Highway Oregon City, OR 97045 Tigard, OR 97223 LOCATION: 11445 SW Pacific Highway, WCTM 1S136AD, Tax Lot 05900. ZONING DESIGNATION: C -G: General Commercial District. The C -G zoning district is designed to accommodate a full range of retail, office and civic uses with a City -wide and even regional trade area. Except where non - conforming, residential uses are limited to single - family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, hehports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has DENIED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MMD2011 -00011 Bounty Hunter Motorcycle Parking Decision Page 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 11445 SW Pacific Highway. This site has been an eating and drinking establishment since before the incorporation of the City of Tigard. It was once a larger parcel that included two neighboring parcels at its east, north and west boundaries. Since the partitioning of the original lot, the existing site has been non - conforming regarding adequate parking. It has less than half what is now required. In 2007, the tenant built a "smoking shelter" outside the southeast exit that took two parking spaces and blocked access to a third. This review is to address this structure and related parking spaces. Proposal Description: The proposals is to remove part of the non - conforming outdoor enclosure once used for food and drink service and to designate the outdoor enclosure as six motorcycle parking spaces. The southeast corner of the lot will be striped for one additional standard parking space and two motorcycle spaces. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed.: There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on - site parking in accordance with Chapter 18.765. The conversion of standard parking spaces to motorcycle spaces is only allowed in the MUCBD zone as an exception to the standards of TDC18.765, Off -street Parking. The proposed smoking /motorcycle parking enclosure occupies two standard parking spaces and would require two additional spaces elsewhere on the site. The applicant has not shown that two additional spaces can be created. Therefore, this criterion is not satisfied. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 %; There is no proposed change in building height. Therefore, this criterion does not apply. MMD2011 -00011 Bounty Hunter Motorcycle Parking Decision Page 2 6. A change in the type and location of access ways and parking areas where off -site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off - site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site more than 100 vehicle trips per day. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; No increase in floor area is proposed. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and /or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and /or c. Landscaping provisions. The proposal does not reduce the project amenities. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. There are no known modifications to the conditions of site development review. Therefore, this criterion does not apply FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development review have not been met. CONCLUSION: The parking for this site is non - conforming and has been for a number of years. The spaces occupied by the unpermitted enclosure exacerbate the non- conformance. Therefore, this application must be denied and the spaces made available for automobile parking. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies MMD2011 -00011 Bounty Hunter Motorcycle Parking Decision Page 3 • Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON SEPTEMBER 16, 2011 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. i i t �� / � September 16, 2011 REVIEWED BY: Darrel "Hi'," Watkins DATE Assistant " anner MMD2011 -00011 Bounty Hunter Motorcycle Parking Decision Page 4 RECEVED AU(i 9 2011 City of Tigard • CITY OF TBGARD gm Imo Minor Mo — Type �I A I c ation TIGARD �� GENERAL INFORMATION / l/ Ii>I addition, the Director must find that the proposed 52AIn Property Address /Location(s): / ��T� � change is in compliance with all applicable requirements of Try. Cie g ?'��q Title 18 of the Tigard Development Code. To complete J this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): t s /-j(D /l t 0 discussion indicating how the site expansion /change will continue to comply with the maximum setback, building Site Size: height, parking, and landscaping standards. Other ll ////� -- requirements of this title such as clear vision, solid waste Applicant *: 1.5Cxr/-4 T X (7�' fie- J9-tc�o -�/ / / � y � �� , storage, non - conforming situations, signs, and tree Address: removal may also be applicable depending on the type and City/State: 7i, Zip: 97 -( location of the proposed modifications. Primary Contact: / ii/c< e),/ Phone:,so3 /Z Fax: S - S " E -Mail: 804 5 k -C-(-G f,�t Property Owner /Deed Holder(s) *: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) Spa (Applications will not be accepted without the Address: jPQ 60-4 2-3 l& Phone: 6 s _ , 5 following required submittal elements) C�� City/State: Gie C i i1 c) 9 Zi Q Application Form f/�7( - 573 Io3� - 76P7 a Owner's Signature /Written Authorization * When the owner and the applicant are different people, the ❑ Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ❑ Site Plan (4 Large Plans & One - Reduced to 81/2" x 11 ") possession with written authorization from the owner or an ❑ Applicant's Statement /Narrative (4 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a ❑ Filing Fee $605.00 written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor • Modification, the Director must first find that the expansion FOR STAFF USE ONLY or change does not invoke one or more of the criteria � V � 0/ discussed within Section 18.360.050(B) - Site Development Case No.(s): 1 �� -Q� Review or Section 18.330.020(B)(2) - Conditional Use. If the modification exceeds the maximum allowed under any one or Other Case No.(s): more of the criteria, a Major Modification review is required. o 7 sv Major Modifications are processed in the same manner as a Receipt No.: new Site Development Review or Conditional Use Permit. Date: E! / 9 It Applicant's Statement: Application Accepted By: The applicant's statement must include a summary of the Date Determined Complete: proposed changes. Criteria in either 18.360.050(B) or Revised 7/1/11 18.330.020(B)(2) must be addressed with a detailed response i. \curpin \masters \land use applications \minor modification app doer to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard - or.gov I Page 1 of2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DA'Z'ED this / / day of - , 20 // Owner's Signature Owner's Signature wner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 2 of CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503 639 4171 T GARD. Receipt Number: 183715 - 08/19/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2011 -00011 Minor Modification to an Approved Plan 100 -0000 -43116 $527 00 MMD2011 -00011 Minor Modification to an Approved Plan - 100 - 0000 -43117 $78 00 LRP Total: $605.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5742 STREAT 08/19/2011 $605 00 Payor: Bounty Hunter Saloon LLC Total Payments: $605 00 Balance Due: $0 00 Page 1 of 1 3 I '. F To all parties concerned, AUG 192011 I CITY OF TIGARD t PLANNII\G!ENG INEERING in order to maximize our parking potential we used 2 car stalls to create 8 motorcycle parking spots. After removing our covered patio area we re- gained 1 car stall plus an added 4 motorcycle spots with pedestrian access. Our 2006 parking allowed 37 car spots, our 2007 parking allowed 34 car spots, and our 2011 parking allows 35 car spots and 12 motorcycle spots. We are very fortunate to have a large ____mot- - group of regular customers that are motorcycle riders. Having this extra motorcycle parking will g reatly relieve the pressure of our parking lot. Thank you very much for your time, Mike Bell REVISION I i. I r Manager t t i Bounty Hunter S�loor € I 11445 SW Pacific Hwy I \Q ;4 f 8 W it 1 ) ( q_.- - 4°A- i I (II 4/0A Ce— i // /fi (' p� lr OP e, t f re . 10 oil/ 0 ' 1 ' / 4 1 411/14- ` °4 14/1) frei wp Afir kin M1- f • 1 i i i. i t 1 r F 4 4 F i Y f. � F T IGA RD?' City of Tigard NOTICE OF VIOLATION: WORK WITHOUT A PERMIT PREMISES: 11445 SW Pacific Highway TAX PARCEL: 1S136AD05900 OWNER: Steven D. and Susan Merrill TENANT: Bounty Hunter Saloon and Restaurant, Mike Esposito DATE: Monday, May 17, 2011 Steven D. and Susan Merrill Mike Esposito PO Box 2318 11445 SW Pacific Highway Oregon City, OR 97045 Tigard, OR 97223 RE: NOTICE OF VIOLATION: WORK WITHOUT PERMITS: ADDITION OF AN OUTDOOR EATING /DRINKING /SMOKING SHELTER Our records identify you as the owners and persons responsible for the property listed above. If our records are in error please let me know right away. This is a formal Notice of Violation advising you that we find you to be in violation of the Tigard Development Code, specifically TDC18.230.020.A which states: "No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto." The structure is identified as the covered area constructed in the parking lot between the business and Pacific Highway (aerial photo attached). The structure was built without benefit of land use review or building permit(s). This construction occupies space normally reserved for 3 -5 parking spaces, the loss of which cannot be absorbed by the parking on the remainder of your parcel. It may be possible to gain land use approval for this structure by applying for a site development review and looking into adjustments to the parking requirements on your property. The chances of getting approval arc slim, but I would be glad to provide you with information regarding these actions. However, because you are in violation at this time, you must take one of two actions no later than 5:00 PM on Wednesday, June 1, 2011. You may either 1) remove the structure and return that area to parking spaces or 2) enter into a voluntary compliance agreement with the city wherein the de- construction of the structure or application for appropriate land use review will be accomplished by a date certain. There is the potential for civil fines and the possibility of being cited into court for failure to bring your property into compliance with city code. A Class I civil infraction is subject to fines up to $250.O0perday. Your prompt response would be appreciated. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard or.gov If you have not brought the property into compliance or signed a voluntary compliance agreement by 5:00 PM June 1, 2011, you will be served with a Summons and Complaint and given a first appearance date in Tigard Municipal Court. If you have any questions about the subjects of this letter please call me at 503 - 718 -2440. You may also contact me at hap(aitigard- or.gov. Sincerely, Darrel "Hap" Watkins Development Code Compliance CC: DCC2011 -00009 File End: Aerial photo 11445 SW Pacific Highway 2 .a[I �� q q'rP''fm6 Zr f '.. T 1 3 ro a - { It . ..•- v' , a aD 'i 1 L. 3 � �s ter' -,. 3 " 'his '�Dd ',--, P y ' ,. , ' l'---= k" t> j, „,.",.% �'.f a r;^ . r x '� '. ••r ' t' 'i '” 3 - ` ' ="''''';*:;.':' --t . I. ;;.11 11445 9 � � s �, 4 n b 4 i' 4 r * x 4 t , Ok t , ' I - r a h � J �' a :A fr.'.:.,...4,- .,...' '1 ,„ .,- - _ i. ~ _ d "S ,:w:v' 4 N' 3 a.+ i- �p �' f "" ' s, ''''' ,,.'--:':'c4' 1:-.::,.. ,. ;.:,,•.,'''''.,,_ ...„,,•;„'< 0 '-,,, j ., '' ,, " ___,___..„:".:. .-__,.-''''''''''''...____, „,y,H7----'---;,,,....,,,,,,----„,....;.::.....„''''' '''-' , ,,... - ,. ' z '' ,., ' i .., ' ,-._, ' : ,' ' ---- ' , — • " x j _„ t _ r - - }} _ + w - i ` - � ms s- . _ s" a I TJ _ 5 a ry '4y� _ y "y� . -' x �ffi4 dr y 5 1 „ �� r ` Feet r' 7 1 Q 63 i m ar , .� 3 1 � � � p er- gym,,. �- x n . 14 Hap Watkins 7 7t F 4--/ From: Craig Prosser a � J��2Yft Sent: Wednesday, March 09, 2011 11:25 AM D ' S mS To: espositotg @aol.com Pb'4i)X i 31% 1701./15' Cc: Alan Orr; Ron Bunch; Hap Watkins Subject: RE: My business here in Tigard 4, ,,z.)r� �� , ✓ / Y R • / 'I/ PI �" Hello Mr. Esposito, 6 ;✓y , 6 /2 z 7 � I have looked into your situation as you requested. I checked with the Police Department, and (as I suspected) there is nothing that they can do to assist. There are no police aspects to the current situation which would allow them to get involved. I checked with the Community Development Department. We have no regulations which would prohibit the building of the fence by your neighbor. In addition, when reviewing this situation, staff noticed the patio that has been added to the front of the building. It appears that this structure was built without building permits and it reduces the amount of parking the Bounty Hunter has available which may be an issue under our Planning Code. If there is a Code violation in this case, we will need to work with you to resolve it. Also, it is not unusual in disputes such as the one you are having with your neighbor for one of the parties to file a complaint against the other party for perceived code violations. I strongly encourage you to come into our Permit Center to speak with Hap Watkins to see how you might resolve these concerns before this becomes a more difficult issue. Hap's phone number is 503- 718 -2712. From the aerial photo, it appears that a fence would also make your parking situation very difficult. If the fence is ultimately installed, Hap may also be able to advise you how the difficult traffic flow might affect your parking requirements under City Code. Finally, I checked an aerial photo of your property. From that photo, it appears that your building sits directly on the property line to the east and the northwest corner of your building sits directly on your property line with the Regency Hotel. Given that, you may want to check your deed to see if you have an easement to cross Regency's property to access that back of your building. Failing that, you may want to consult a lawyer about any other options you might have. Lastly, Tigard contracts with the Beaverton Dispute Resolution Center to help mediate disagreements such as this. I urge you to contact them to see if they might be of assistance. Both you and the Regency property owners would need to agree to mediation, but the Dispute Resolution Center may be also be able to help getting folks to the table. This is a free service for Tigard citizens and property owners. They can be reached at 503 - 526 -2523. I am sorry that I am unable to offer you a clear solution to this situation. I hope that I was at least able to offer some suggestions and resources to help you move to resolution. Original Message From: espositotg @aol.com [mailto:espositotg @aol.com] Sent: Wednesday, March 02, 2011 12:52 PM To: Craig Prosser Subject: My business here in Tigard Mr. Prosser - I read your note in the recent Cityscape Newsletter and I could use your help. 1 .S • I have been a Tigard resident since 1993 and recently retired from 3M Corp. after 36 years of service. I decided to make • Tigard my home and opened a local business (Bounty Hunter Saloon and Restaurant) about 4 years ago. Including my 2 other Partners - we employ around 20 people. We are a Family style restaurant and have enjoyed seeing our business grow here in Tigard. Our only issues over the past 3 plus years has been with the Regency Hotel - which we share the parking lot. When we first moved in we had concerns with the amount of "hookers" and drug users at the hotel. But with some effort and great work by the Tigard Police Dept.; we have seen almost all of this go away. However, the owners of the hotel have been trying in many ways to hamper our business and recently one Regency Hotel owner came into my restaurant and asked me to join him outside. He then walked me around and pointed to how many parking slots I would loose and also that I would have to move my trash containers from behind my place and put them out in front of my restaurant. He said that this would happened - because he was building a fence that would block my through traffic and also block the Waste Company from accessing my back area (also block all my food and beer deliveries). He tried to start putting in this fence over the Summer; but the Tigard Police and Fire Dept., plus the Waste Company helped us stop this project. But that night when he took me outside - he stated that he was starting construction of the fence in the next 2 months. He also told me that if I paid him $2,500 per month - he would keep the gate open between our areas. My concern is - did the City give him a permit. If so - how can I get a review of this situation. Should I be going to a lawyer for help with this "extortion" by this hotel? Can I get help from the Tigard City Council? I am asking for your help. Please contact me as soon as you can to discuss in detail. I can be contacted at 503 - 270 -6119. Sincerly, Mike Esposito Partner, Bounty Hunter Saloon and Restaurant Highway 99 Tigard, OR. DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 VOLUNTARY COMPLIANCE AGREEMENT July 28, 2011 TIGARD Mike Bell 11445 SW Pacific Hwy. Tigard, OR 97223 RE: Code Compliance Record Number DCC2011 -00009 I, Mike Bell, as the person responsible for 11445 SW Pacific Highway, Tigard, Oregon, agree to the terms, conditions and remedies set forth below and promise to comply fully with them. Violations: Alteration of a commercial parking lot resulting in the loss of three parking spaces by constructing a covered smoking /eating and drinking area without land use review. TDC18.230.020: No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. TDC18.520.040.A: All development must comply with all of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370, and all other applicable standards and requirements contained in this title. I hereby agree to the following terms: 1. I will sign this Voluntary Compliance Agreement and deliver it to the Planning division no later than 5:00 p.m., August 1, 2011. 2. I will permanently remove all tables, booths and service bar from the outdoor "smoking area" no later than 5:00 p.m., August 5, 2011. 3. I will submit all required elements and fees for a Minor Modification to a site development to correct the above violations no later than 5:00 p.m., August 19, 2011. 4. I hereby promise that the property will be compliant with the most current land use review no later than 5:00 p.m. September 2, 2011. I also understand and agree that: V If this agreement is not signed by all of the parties noted below, and a copy with the original signature /s received by the City of Tigard no later than: 5:00 pm on August 1, 2011, the terms offered in this agreement will become null and void and enforcement proceedings will commence immediately. V So long as this agreement is in force and the above timelines are met, the City will withhold further legal or enforcement action regarding these violations and upon compliance with all the above conditions this case will be closed without penalty. If the timelines are not met or if the progress demonstrated is deemed by the City in its sole judgment and discretion to be inadequate the City may immediately reinstate enforcement and /or legal proceedings including service of a Summons and Complaint and notification of other regulatory entities. 13125 SW Hall Boulevard, Tigard Oregon 97223 • 503- 639 -4171 • www.tigard- or.gov Page 1 of 2 ✓ No additional extensions or modifications or alterations of this agreement will be granted. ✓ Failure to comply with any of the terms of this Voluntary Compliance Agreement constitutes an additional and separate infraction. ✓ It is my responsibility to ensure that all aspects of this agreement are completed on time, regardless of weather conditions, contractor and /or consultant schedules, processing time requirements, or any other occurrence that could potentially cause an unauthorized delay resulting in failure to meet the mandated compliance deadline. ✓ This agreement is solely intended for the facilitation of the issues and violations addressed above. The City is not obligated or bound to offer agreements for any other violations. This agreement shall not be considered setting a precedent for any other case or matter. Date: ?/2e, Mike Bell 10, ? Date: For City of Tigard City of Tigard Staff Contact: Darrel "Hap" Watkins Phone: 503 - 718 -2440 Email: hapatigard- or.gov 13125 SW Hall Boulevard, Tigard Oregon 97223 • 503- 639 -4171 • www.tigard- or.gov Page 2 of 2 1,....... 3T1 —� Vko L� ,' is rr "ty / =tfvcE a ^I / / [:r.,lE - '' / ---- r i A 4. 1 ,,<_.,,i__... I I 7 t ,e.r • .. 7 . -‘ 1 Z 3 I 7 L -.--- 6 ‹-/i'Ar / e --, . A z 1 IF-T _ ' V - , / t. 111 10 Mg 10 P-,,-`i c-1-e I / PAO trOkfa :, - ________I e iyiL INIml L, ) 0 Af L—s.-1 P Ktt K 7 111 4s- pi--- . z i 6 ` � o 1 ' (... i CITY OF TIcARD ...NQ1:..117.1 ' P I 4 Conditionally Approved I ] For only the work as described . N. PERMIT NO. n O/ — // See Letter to: Follow I 1 Job Address By:. /- .17/) 1 4 , /� Uate:. -max 1 S 1l 6�&` 11 *4 74/2 -- } 1 � i 5 �e Vv'7c,— FILE COPY . . 1 _ . . 0 .n l_ .. \ ____