MMD2000-00024 MMD2OOO - 00024
PURKEY-PLEX
DRIVE
MODIFICATION
October 2, 2000
CITY OF TIGARD
Diane Kociemba Purkey
12810 SW Walnut OREGON
Tigard, OR 97223
Dear Mrs. Purkey:
This letter is in response to your request for Minor Modification (MMD2000-00024) approval to
modify the location of the access drive associated with (SDR1999-00029) the modification of an
existing single-family home into a four-plex residential unit located at 9600 SW North Dakota
Street in the City of Tigard.
This property is designated for Medium Density Residential (R-12) within the R-12 zoning
district. The use of the site is listed as a permitted use for this zoning district. 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 18.360.050.B. 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 increase the dwelling unit density. This modification is for the
location of the access drive only. Therefore, this standard does not apply.
2. A change in the ratio or number of different types of dwelling units. There is no
change to the number or types of dwelling units associated with the original approval.
Therefore, this standard does not apply.
3. A change that requires additional on-site parking in accordance with Chapter
18.765. Table 18.765.2 states that the minimum parking for multi-family units is 1.25
spaces for 1-bedroom units and 1.75 spaces for 3-bedroom units. The proposed project
has 3, 1-bedroom units and 1 , 3-bedroom unit. Therefore, 6 parking spaces are required
for the proposed use. The site plan shows 6 parking spaces which includes one (1) van
accessible disabled parking space. The proposed modification to the approved access
drive will not displace any parking spaces.
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 existing
buildings is proposed. Therefore, this criterion does not apply.
5. An increase in the height of the building(s) by more than 20 percent. There will be
no increase in the height of the building. Therefore, this standard does not apply.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. Moving the access drive thirty (30) feet to the east will not
affect off-site traffic. The access drive will remain at 24 feet wide.
Page 1 of 2
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. The proposed modification is necessary in
order to save an existing 40-foot cedar tree and will not increase vehicular traffic.
Therefore, this standard 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 modification does not
involve an increase of floor area.
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 requested
modification does not involve open space. The modification pertains only to the location
of the access drive. Therefore, this standard does not apply.
10. A reduction of project amenities (recreational facilities, screening; and/or,
landscaping provisions) below the minimum established by the code or by more
than ten percent where specified in the site plan. The modification to the access
drive will require the removal of a tree that is included in the screening percentage
required for the proper screening of the parking area. Therefore, the applicant will be
required to submit a plan that shows that the parking area is screened according to
SDR1999-00029.
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 proposed
modification has altered the original screening condition set forth in the original approval
for the parking area.
FINDING: Based on the analysis above the original screening condition of the original
approval has been altered. If the applicant complies with the condition below,
the standard will be met.
CONDITION: Submit a plan that shows that the parking area is screened according to
SDR1999-00029.
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. 317.
Sincerely,
CG -... ,- - c A. /.---'-
Ma ew Scheid-•g er
Assistant Planner
is\curpin\Mathew\minmod\2000-00024.doc
c: MMD2000-00024 Land use file
SDR1999-00029 Land use file
Purkey Minor Mod/MMD2000-00024 Page 2 of 2
Re: MMD approval to modify the access drive associated with SDR1999-00029
MEMORANDUM
TO: Bill Monahan , Jim Hendryx, Dick Bewersdorff, 'MINAS
Ron Goodpaster, Gary Lampella,
FROM: Albert Shields
RE: Diane Purkey, & her house at 9600 SW North Dakota St.
CC: Hap Watkins, Matt Scheidegger
DATE: Thursday, May 24, 2001
No immediate action required on your part.
This is a "head's-up" memo to alert you that we have an extremely disappointed
applicant from whom we will probably receive some complaints about being misdirected
or inadequately counseled by the City.
In RE: Diane Purkey, her house at 9600 SW North Dakota St., "The Purkey-Plex,"
and permits ENG2001-00022, MMD2000-00024, SDR1999-00029, VAR2000-00004,
VAR2000-00005.
STATUS:
Hap and I met with Diane and Denny Purkey this afternoon and reviewed with them the
modifications to the "house" at 9600 SW that would be required under the building
codes to change the use from single-family to 4-unit multifamily. The changes are
substantial, including sprinklering the four units, providing handicapped adaptability,
documentation of previous construction approval by Washington County, etc. The costs
will also be substantial and doubtless greatly exceed anything Mrs. Purkey anticipated.
She left, visibly upset, complaining that she would not have invested as much as she
already has in addressing requirements for her Planning and Engineering permits if she
had known that the costs of modifying the building itself would be so high.
She complained specifically that in none of her discussions with Planning had anyone
suggested that there might be any difficulty in meeting Building requirements nor had
anyone suggested that she might want to submit specific plans for review before
proceeding. We started to point out that Planning's focus would have been on land use
as opposed to building use and that their presumption would have to be that a
developer knew what they were proposing to get into, but she seemed to believe that
she should have been guided better towards anticipating difficulties.
t_
She also complained that Hap and I, who had met with her and Matt Scheidegger in
July, 1999, had at that time mentioned only relatively minor changes and corrections
that would be required, some of which she has already done, such as installing a larger
window in a bedroom to provide required egress. At that time she was insisting that
only her immediate family lived in the house and that no units were rented out — so the
property continued to be a single-family residence and the corrections we commented
on were those required by the Housing and Building Codes for any occupancy as a
residence, not requirements for conversion to use as an apartment house.
BACKGROUND:
• The house was Mrs. Purkey's former marital residence. Her former married name
was Kociemba. Mr. Kociemba (and one or more of their sons) apparently did the
construction work involved in converting an existing garage to a studio apartment for
one son, adding a two-story structure with garage below/apartment above, and
subsequently converting the new garage to another apartment, leaving four potential
dwelling units. That work was reportedly done under permit from Washington
County, but the documents we have seen so far do not show a four-unit floor plan or
any added kitchen or bathroom facilities, only a garage with an undefined room
above to be attached to a single-family house.
• Recent work on the building has consistently been begun without a permit. In 1998
Mrs. Purkey rebuilt (and possibly enlarged) a deck and stairs to the second floor
without a permit. In 1999, at the time of our visit, the gas service had been
expanded to four meters and new gas furnaces and ranges installed in at least two
units, again without permits. And more recently, excavation for street widening and
parking was begun without a permit. It is obvious that electrical and plumbing work
that required permits has also been done, presumably by her sons.
• The original permits for the deck (1998) and gas lines (1999) have expired and even
that work has never received final inspection approval. No inspections were ever
requested under the deck permit and required corrections were not completed under
the gas line permit.
• Hap and I visited the property again last Friday, when the police department
executed a search warrant and notified us of some Housing and Building Code
issues. We drew up a list of current violations that I reviewed with Mr. & Mrs. Purkey
in a meeting on Monday, 5/22, in Ron Goodpaster's office. In that meeting I
explained to the Purkeys that a number of the noted violations had to be addressed
immediately even if no one were currently living in the property and that others
would have to be corrected if members of her family were to live in it as a single-
family home. Specifically, I told them that new Mechanical and Structural permits,
for the gasline and deck work, would have to be taken out within 7 days and that the
work under those permits would have to be completed, including final inspection
approval, within 30 days. We plan to enforce that timetable while making every
effort to cooperate with the Purkeys.
• In our meeting today we did point out that conversion from single-family to two-
family/duplex would require much less modification and would be far less expensive.
Please let me know if you have any questions.
APPLICANT
MATERIALS
MINOR MODIFICATION
,,r e.�'i�� TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION / Dig-toffy
Property Address/Location(s): %/ e ASS, N'
/, PRE-APP. HELD WITH:
Tax Map &Tax Lot#(s):/5/ 3,� e..4- jy O.2, DATE OF PRE-APP.:
Site Size: / 'J £600
Property Owner/Deed Holder(s *:])j/.�,V D
�. c'fi71( -f{heteci
Address:/2Z/D Lac) /"Qiit.Gct Phone:,1"9O-‘//5- / FOR STAFF USE ONLY
City: /c y/ff-',CT pie. 97223 Zip:
Applicant: jGG , ce Case No.(s): M 00 /g
-
Address:% g/C %fa) Phone:-570-- 775
City: 7`- /-.eL� Zip: G�'7,;�2e� Other Case No.(s):
No.: 9 Me9 41-
When the owner and the applicant are different people, the applicant Application Accepted y:
must be the purchaser of record or a lessee in possession with written 9/ ,7t1-authorization from the owner or an agent of the owner. The owner(s) Date: 3
must sign this application in the space provided on the back of this
form or submit a written authorization with this application.
Date Determined Complete;
PROPOSAL SUMMARY Rev.7/31/2000 i:lcurpin\masters\revised\minormod.mst
The owners of record of the subject property request permission for a
Minor Modification. To review a modification as a Minor
Modification, the Director must first find that the expansion does not
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification
exceeds the maximum allowed under any one or more of the
following criteria, a Major Modification review is required. Major
Modifications are processed in the same manner as a new Site REQUIRED SUBMITTAL ELEMENTS
Development Review. In a separate letter, please address the (Note: applications will not be accepted
criteria below contained in Section 18.360.050(B) including a detailed without the required submittal elements)
response to each criteria.
I. An Increase in dwelling unit density or lot coverage for residential development.
2. A change in the ratio or number of different types of dwelling units. ,Application Form
3. A change that requires additional on-site parking in accordance with Chapter 18.165.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. d Owner's Signature/Written Authorization
S. An increase in the height of the building(s)by more than 20%- c Vr Title Transfer Instrument or Deed
6. A change in the type and location of accessways and parking areas where off-site traffic would be affected.
1. An increase in vehicular traffic to and from t e site an increase can be expected to exceed 100 vehides per day. 2/Site Development Plan (3 copies)
8. An increase in the floor area proposed for a non-residential use by more than 10%exduding expansions under
5,000 square feet. yam' Site/Plot Plan (reduced 8'/:"x 11")
9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space Applicant's Statement(3 copies)
area below the minimum required by this code or reduces the open space area by more than ten percent. (Addressing Criteria Under Section 18.360.050(8)
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. v Filing Fee (City) $100.00
11. A modification to the conditions imposed at the time of Site Development Review approval that are not the (Urban) $236.00
subject of Criteria I through 10 above.
In addition, the Director must find that the proposed change complies
with the underlying standards of the applicable zoning district. To
complete this review, the Applicant's proposal must include a
discussion indicating how the site expansion will continue to comply
with the minimum setback, building height, parking land landscaping
standards. Other applicable requirements such as minimum Clear
Vision areas near driveways and street intersections may also be
applicable depending on where the building expansion is proposed to
be constructed on the site.
1
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.
ktd
DATED this CZIIIX ` day of ,',a k1L 20 OD
t_ e__ ems . I
O ner's Signature Owner's Signature
Owner's Signature Owner's Signature
2
J
hrasrlington County
}J ."- STATUTORY SPECIAL WARRANTY DEED
(Individual or Corporate)
Kay W. Livingston and Bessie E. Livingston, husband and wife ri
grantor, conveys and specifically warrants to: LeROY AUGUST
KOCIEMBA and DIANE E. KOCIEMBA: husband and wife
grantee, the following described real property, free and clear of
encumbrances created or suffered by the grantor except as specifically set forth herein, situated in the County
of Washington , State of Oregon, to wit:
1.1..t The East one-half of the North 175 feet of Lot 1, BOETCHERS ADDITION TO GREENBURG
J
I+ I HEIGHTS, in the County of Washington and State of Oregon.
..:c
(�
O
Z 3
La P
CI
This Deed is in fulfillment of Contract dated October 14, 1964; recorded October 27, 1964;
Book:528,Page:141.
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.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $....14.,_9011-0.0
(See ORS 93.030)
Dated this--7 day of -..January . 19 91 •
1' 40, k , /
Ka . Livin to �/
(If executed by a corporation,
r i '
affix corporate seal, -. -
Bessie E. Livingston
-
STATE OF OREGON, _ ) STATE OF OREGON, County of )ss.
ss. , 19
C unty of �� )
19 91. Personally appeared. and
Personally appeared the above named who, being duly sworn,
ay W. Livingston and Bessie E. each for himself and not one for the other, did say that the former is the
-.-I,Iv.ings•ton president and that the latter is the
secretary of
i 1,,._11 p , a corporation,
114 and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal
.- C to be.:*+ s1 voluntary act and ed. of said corporation and that said instrument was signed and sealed in be-
.! half of said corporation by authority of its board of directors; and each of
r •:-: O1 A�rBe(ozl.nae: them acknowledged said instrument to be its voluntary act and deed.
VI.. (drFICIAL 4,-. Before me:
.. (OFFICIAL
\ a.; ' )
1�''•., r g� Nqt Public for Oregon n /J� Notary Public for Oregon SEAL)
�'; .. ,.flMSe`cQrnrnission expires: / 8 7/ My commission expires:
_ nc �C OC
- LIVINGSTON
STATE OF OREGON
County of Washington SS
D..PANT.Dt-s NAME AND ADDRESS
KOCIEMBA I,Jerry R. Han ,• e' _ •r of Assessment
and Taxation a.• •fficio _. •rder of Con-
..
-:7.--- : veyances for cgGnfpre• ertify that
SPACE RESERVE the within 't:,. e•• eceived
GRANTEE S NAME AND ADDRESS FOR and recor.t • • Q 1, ounty.
m r air... br,..s.�'CV� '99N
After recording return I. RECORDER'S VS �p,- r- or of
e T- W at . . Ex-
Mr. and Mrs. LeRoy Kociemba f 0.‘ ,..,.,,.,,,, • a ddka
��!e>r
96.0.0_..SR.Noxth.Dakota Ny ;� ��
T�,gard,_..OR- -9?223 �ycl -; :y oe -
NAME.ADDRESS ZIP �� •••
. -
Until e change is requested all lox statements shall be sons to the following address. COUh'Ck
Doc : 91001987
- _ Rect: 47227 33 . 00
•°��-e ,-_- -, NAME.ADDRESS•ZIP 01/11/1991 0 3: 21: OOPM
�yy
Washington County
- •
STATUTORY BARGAIN and SALE DEED -
(Individual or Corporate)
LeRoy August Kociemba
(IIgrantor, conveys to Riane.-E_..Kociemba.
grantee, the following described real property, situated in the county
of Washington , State of Oregon, to wit:
The East one-half of the North 175 feet of Lot 1, BOETCHERS ADDITION TO GREENBURG
HEIGHTS, in the County of Washington and State of Oregon.
wC
F--VI
ti l
O
sizt
Z
t0 '
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.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $ None
(See ORS 93.030)
Dated this �r11__- day of January 199
Le August ociemba
(If fed by a corporation,
affix corporate teal)
STATE OF OREGON, ) STATE OF OREGON, County of )ss.
)ss. 19
`col 4i ."i,1ashingtan )
9 , Personally appeared. and
„: .. ` �1 who, being duly sworn,•
.pe
'i{ppeaird the above named
it st..Kaeiemha each for himself and not one for the other, did say that the former is the
vs: -�.� president and that the latter is the
tit!
•_ P�1:3 ' secretary of
�•• . : , a corporation,
��� �• •�rpd acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal
meFlf_ro Qr +1�� ' voluntary act and deed. of said corporation and that said instrument was signed and sealed in be-
+'a ; half of said corporation by authority of its board of directors; and each of
Before me �J them acknowledged said instrument to be its voluntary act and deed.
'
�/ Before me:
(OFFICIAL (OFFICIAL
SEAL) SEAL)
Notary Public f r Oregon Notary Public for Oregon
My commission expires: 2/8/91 My commission expires:
KOCIEMBA STATE OF OREGON
County of Washington
GRANTORS NAME AND ADDRESS
I,Jerry R.Han=•t • «•r of Assessment
KOCIEMBA and Taxation ar-1 - lc ••rder of Con-
veyances for • cepn t•• re• ertify that
the within ', e,.— eceived
SPACE RESEI and recon,- • ' •■ al• •linty.
�
E
GRANTES NAME AND ADDRESS FOR CO ,' ./‘
RECORDER'S
After recording return}e; -- - 1 CZ'p• tl or of
r�N r--•
Ri_.-' aaati', . Ex-
I1i -•ids -- N �iV
K-oe-iemba
960(3 Sit-Alor t b Ikot y ", ,O
Tigarn-,- OB .91773
NAME.ADDRESS.ZIP 04/
CO R^r�`,,�•
/�Pr ‘
Until a Change is requested all fax statements shall be sent to the fallowing address.
same as above Doc : 91001988
Rect: 47227 33. 00
01/11/1991 03: 21: OOPM
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