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MMD2010-00014
EXPIRED MMD2O1O - 00014 VIAL & PHAM EXPANSION Record status history view Page 1 of 1 Record ID: MMD2010-00014 Cancel Help Action By Status Status Date Cheryl Caines Expired 12/05/2013 Comment Application In Possession Time(hrs) Application expired. Case closded for scanning purposes. https://ay.accela.com/portlets/cap/capStatusHistoryV iew.do?value(mode)=view&servProv... 12/5/2013 John Floyd From: John Floyd Sent: Wednesday, June 09, 2010 11:32 AM To: 'nic @vialpham.com' Cc: Hap Watkins Subject: Minor Mod @ 11445 Tiedeman Attachments: John Floyd.vcf; Vial MMD2010-00014 Inc Ltr June 9 2010.pdf Hello Nic, Here is the letter we discussed yesterday. A hardcopy will go out in today's mail. I'll be in the office until 4pm today, and all day Thursday and Friday if you wish to discuss it. Regards, John Floyd John Floyd City of Tigard Associate Planner �1 Community Development • • • r (503) 718-2429 johnfl:gtigard-or.gov 13125 SW Hall Blvd, Tigard,OR 97223 1 I' q • TIGARD June 9, 2010 City of Tigard Vial&Pham LLC 7900 SW Hunzicker St. Tigard, OR 97223 RE: Minor Modification, 11445 SW Tiedeman Ave Case number MMD2010-00014 Dear Mr. Vial, The City has received your application for a Minor Modification (MMD2010-00014) at 11445 SW Tiedeman Avenue here in Tigard. Staff has determined in a preliminary review that your application is substantively incomplete. Moreover, the City cannot approve an enlargement of the existing storage building as proposed in your application. However, a more limited project restricted to repairs and maintenance may be permitted. Our reasoning and your available options are discussed below: The property in question is located in the Industrial Park Zoning District (I-P). Section 18.530.020.A of the Tigard Development Code (TDC) describes this zoning district as appropriate locations for the combining of light manufacturing, office and small-scale commercial uses in a campus like setting. The roofing and siding contractors currently located on the parcel are classified as "Industrial Services" under the City's use classification system ([DC 18.130.020.D.1). Such land uses are not a permitted use classification in this zoning district, as outlined in TDC Table 18.530.1. In other words, the existing businesses in question are not presently allowed in this zoning district. The intent of the TDC is to allow legally established land uses to continue operations, so long as they are not enlarged, expanded or extended should they become nonconforming due to a change in development regulations (TDC 18.760.010.B). Assuming the present contractors are a legal but presently nonconforming use, the City cannot approve an enlargement of the storage building as proposed. It can,however, approve more limited work that falls under the category of Repairs and Maintenance (1'DC 18.760.050). The intent of this section is to allow normal maintenance and repairs necessary for keeping an existing building in sound and habitable condition, or for the restoration of a building to safe condition should that be ordered by a public safety official. In order to obtain approval for more limited work, it may become necessary to request a determination from the Director of Community Development regarding the legal status of the non- conforming land uses (TDC 18.760.020.A). During a conversation on June 8, 2010 you indicated that the present businesses had not been at this location for more than a few years. If that is the case, additional information regarding prior occupancy of the structures will be necessary, including both periods of occupancy and vacancy. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Please be aware that due to the limited information submitted with your application, staff has not reviewed the application for compliance with all aspects of the code and may request additional information during the review period as more information is known. At a minimum, the following changes are necessary to declare your application complete. 1. A scaled site plan will be necessary. The stated scale does not match the site plan submitted on May 27,2010. 2. A larger scale site plan to allow an accurate review. 3. Existing and proposed uses on the subject property are not clear. How are the multiple structures related? Is the affected structure accessory to another use on the project site, or a separate and independent use? 4. Plan view of the addition and how it relates to the existing structure. 5. Elevations of the affected structure,including existing and proposed. 6. Aerial photographs and recent site visits by City staff indicate that there is substantially more parking and equipment storage on site that is not indicated on the site plan (parking aisles are only detailed on the Northeast corner). Please include all parking and storage areas on the site. 7. Please detail existing driveways and drive aisles. Please note that City staff are always available to answer any questions you may have. My direct number is 503-718-2429, and my email is johnfl @tigard-or.gov. Sincerely, �hn Floyd Associate Planner CC: File MMD2010-00014 507/1010 1:34 PM v 0 wi: rye P 'H i fl b ® g 87' wk 1 1 YN 4 ° R g�E:-g€�;_ R § ' m § -3�=_ � Qgf6A§ Ag 1 i gg a 3s = IT R g R F F e }y Ej �g P g 1 1! q; i 5rN -% q i 11 1 6 fr 11 5 AWN mS 4 $ / 4 1 c I A ; L7 h4 i I t 400- 11 1 t <\ 9 , ‘</. / • 1 \ ''N/if n \ § _I N 'IMF • cn R4 �5 SMEEicomEni - V z s PROJECT: o o EGENERAL NOTES& Ih1HA '''� Fc u, STORAGE REMODEL 12480 SConsulting 68th. �11ginee1� x = m SITE PLAN ROOFLIFEOFOREGON :,§�.,4 s 11445 SW TIEDEMAN A\,'L-- Tigard,Oregon 97223 ti' . a � o Phone:(503)968-9994 -.� TIGARD,OREGON 97:>.2', Fax:(503)968-8444 John Floyd From: John Floyd Sent: Wednesday, July 07, 2010 3:55 PM To: 'Nic Vial'; 'mjv @vf-law.com' Subject: 11445 SW Tiedeman Attachments: John Floyd.vcf; image001.jpg Hello Mike and Nic, Thanks for meeting today. I am including two links of relevance to your client. The first connects you to a draft of proposed changes to our Use Classifications chapter. The proposed draft language for Industrial Services can be found on page 47 of the document (page 51 of the PDF). http://www.tigard-or.gov/city hall/departments/cd/code amendments/docs/dca2010-00004.pdf The second link takes you to the existing use classifications chapter. Given your disagreement on the City's current assignment of your client to the Industrial Services category, the latter document should help you identify a more appropriate alternative. http://www.tigard-or.gov/business/municipal code/docs/titlel8/18130.pdf As always, if you have any questions please don't hesitate to contact me. Regards, John John Floyd City of Tigard Associate Planner Community Development s a (503)718-2429 johnfl @tgard-or.gov 13125 SW Hall Blvd. WARD Tigard,OR 97223 1 I August 12, 2010 TIGARD City of Tigard Nic Vial 7900 SW Hunziker Street Tigard, Oregon 97223 Re: Addition to a structure located at 11445 SW Tiedeman Avenue Case number MMD2010-00014 Dear Mr. Vial: As I have explained previously, my involvement in this issue was because our staff wanted to determine if there was anything we could do, consistent with Tigard's Development Code (TDC), to assist you and the business located on the property. However, I am sorry, but the Tigard Development Code (TLC) is very explicit and after reviewing the matter in detail, there is no latitude to allow the expansion. The following provides the basis for this determination. Land use and Zoning Characteristics The subject property is being used by roofing and siding contractor. This type of land use is classified as an Industrial Service use under the City's land use classification system (TDC Section 18.130.020.D.1). The subject property is zoned Industrial Park (IP). The zoning designation was applied in 1983 and, before then, it was designated as Light Industrial. TDC Section 18.530.020.A describes the I-P Zoning District as an "appropriate location for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly." Nonconforming Status of the Current Industrial Service Use: Following adoption in 1983 of the I-P zoning designation and related Development Code standards, Industrial Service land uses were not allowed in the I-P Zone; however,TDC • 13125 SW Hall Blvd: *Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Chapter 18.760 provides direction for the continuation of non-conforming situations. The TDC recognizes that some of these situations were created when new codes and zoning maps were adopted. In some instances, previously lawful uses became either restricted or not allowed altogether (TDC Section 18.760.10.A). The purpose of TDC Chapter 18.760 is to permit these nonconforming lots, structures, and uses to continue but to prohibit the enlargement, expansion or extensions of such uses (TDC Section 18.760.010.B). The prohibition on enlargement or expansion of nonconforming uses is reinforced several times throughout TDC Chapter 18.760. The Code language is very explicit and does not allow any leeway or room for interpretation. Maintenance and Repair The alternative to expanding the building is to repair it with no increase in floor area. TDC Section 18.760.050, Repairs and Maintenance, allows for needed repairs and maintenance of nonconforming structures. However, before this can happen, there is the need to determine that the current use is legal pursuant to TDC Section 18.760.020. Also please note that TDC Section 18.760.050.B allows for restoration of structures to safe condition. Nothing in the Code prohibits this, but the unsafe condition has to be determined by the City's Building Official. Determination if the Industrial Services Use is a Legal Non-Conforming use There is another issue that we need to address, and that is whether the current Industrial Services Use is a legal nonconforming use. Associate Planner John Floyd raised this issue in his letter of June 9, 2010. The criteria are provided in TDC Section 18.760.020, Determination of Nonconforming Use Status. Essentially,it is necessary to make a determination that the current land use (Industrial Services) was using the property at the time the I-P Zone was established, and that it has been maintained over time. The latter determination is necessary because TDC Section 18.760.040.D(d), Criteria for Nonconforming Situations states, 'When a nonconforming use of a structure and premises is discontinued or abandoned for six months the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: 1) On the date when the structure or premises is vacated; 2) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; 3) On the date of termination of any lease or contract under which the nonconforming use has occupied the premises; or 4) On the date a request for final reading of water and power meters is made to the applicable utility districts." In other words, the use of the property for Industrial Services, in order to be determined as a legally established nonconforming use, has to have been continuous, with no break in continuity greater than six months since and during the period that it was rezoned in 1983 until present. Enclosed is a copy of Chapter 18.760, Nonconforming Situations,which provides greater detail on the above. I hope this is helpful for you and the business to address the repair of the subject building. Sincerely, geovii c .tititerAv Ron Bunch Community Development Director Enclosures: TDC Chapter 18.760, Nonconforming Situations Copy of June 9, 2010 letter from John Floyd,Associate Planner Chapter 18.760 NONCONFORMING SITUATIONS Sections: 18.760.010 Purpose 18.760.020 Determination of Nonconforming Use Status 18.760.030 Pending Building Permits 18.760.040 Criteria for Nonconforming Situations 18.760.050 Repairs and Maintenance 18.760.010 Purpose A. Creation of nonconforming situations. Within the districts established by this title or amendments that may later be adopted, there may exist lots, structures, uses of land, and structures which were lawful before the effective date of the ordinance codified in this title, but which would be prohibited, regulated or restricted under the terms of the ordinance codified in this title or future amendments. B. Purpose. It is the purpose and intent of this chapter to permit these nonconforming lots, structures, and uses to continue but to prohibit the enlargement, expansion or extension of such uses. Single- family residences in the CBD zone are exempt from this requirement. C. Incompatibility with comprehensive plan. Nonconforming uses are incompatible with the comprehensive plan and with permitted uses in the zoning district involved. 18.760.020 Determination of Nonconforming Use Status A. Director's determination. The Director shall make a determination regarding the legal status of a nonconforming use by means of a Type I procedure, governed by Section 18.390.030, using the following criteria: 1. Proof that the use was permitted by this title at the time it was established, by any of the following: a. Copies of building and/or land use permits issued at the time the use was established; b. Copies of zoning code provisions and/or maps; c. Demonstration that the use was established before the first development code for the community was adopted. 2. Proof that the use has been maintained over time. This includes copies of one or more of the following evidence for every other year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes: a. Utility bills; b. Income tax records; c. Business licenses; d. Listings in telephone, business and Polk directories; Nonconforming Situations 18.760-1 Code Update: 10/09 e. Advertisements in dated publications,e.g.,trade magazines;and/or f. Building, land use or development permits. B. Director's responsibilities.The Director shall: a. Maintain a file of registered nonconforming uses and use classifications; and b. Approve a business tax request involving a change of use upon finding the provisions of this chapter are satisfied. C. Other regulations affecting nonconforming situations. The following regulations apply to all nonconforming situations described in this chapter: 1. Ownership: The status of a nonconforming situation is not affected by changes in ownership; 2. Change to a nonconforming situation: A nonconforming situation may be changed to a conforming situation by right. Once a conforming situation occupies the site, the nonconforming rights are lost and the nonconforming situation may not be re-established; 3. Change to a conditional use: A nonconforming use may be changed to a conditional use permitted in the underlying zone if approved through a conditional use review. Once a conditional use occupies the site, the nonconforming rights are lost and a nonconforming use may not be re- established. 18.760.030 Pending Building Permits A. Vesting of building permit. To avoid undue hardship, nothing in this chapter except as provided in Section 18.760.040.C.2 requires any change in the location, plans, construction, size or designated use of any building, structure or part thereof, for which a required City building permit has been granted prior to enactment of this title. B. Revocation of building permit. If a building permit is revoked or for any reason becomes void, all rights granted by this chapter are extinguished and the project shall thereafter be required to conform to all the provisions of this title. 18.760.040 Criteria for Nonconforming Situations A. Development of nonconforming lots of record. 1. Except as provided in Subsections A.2, B and C below, no nonconforming lot of record at the effective date of this title or amendment thereto shall be developed for any use, and no existing use on a nonconforming lot of record shall be enlarged, extended or reconstructed,except that the enlargement or expansion of a single-family residence will be allowed in the CBD zone only. 2. If on the date of adoption of this title a lot does not meet the lot size requirements of the applicable zoning district in which the property is located,the lot may: a. Be occupied by one use permitted outright in a commercial zoning district, if the lot is located within a commercial zoning district; or Nonconforming Situations 18.760-1 Code Update:10/09 b. Be occupied by single-family residential units and accessory structures if located in a residential zoning district. 3. In any district, construction on a single nonconforming lot of record existing at the effective date of this title or amendment thereto,notwithstanding limitations imposed by other provisions of this title,are subject to the following: a. The nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership;and b. All setback, height and other applicable provisions of the zoning district shall be satisfied unless appropriate variances and/or adjustments are obtained. 4. If two or more lots, or combinations of lots and portions of lots in single ownership are of record at the effective date of this title and are made nonconforming as to lot area, width or depth by this title the lots involved shall be considered to be an undivided parcel for the purposes of this title; and: a. No portion of the aggregated parcels shall be conveyed, transferred or used in any manner which violates or creates a violation of this title;and b. No division of the parcel shall be made which creates any lot remaining with the area, width or depth which does not meet the requirements of this title. B. Nonconforming uses. Where at the time of adoption of this title a lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no structure or building other than a single sign or accessory structure, the use may be continued as long as it remains otherwise lawful, provided: 1. No such nonconforming use is enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this title; 2. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this title; 3. The nonconforming use of land is not discontinued for any reason for a period of more than six months; 4. If the use is discontinued or abandoned for any reason for a period of six months any subsequent use of land shall conform to the regulations specified by this title for the zone in which such land is located; and 5. For purposes of calculating the six-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: a. On the date when the use of land is vacated, b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services, Nonconforming Situations 18.760-3 Code Update: 10/09 c. On the date of termination of any lease or contract under which the nonconforming use has occupied the land, and d. On the date a request for final reading of water and power meters is made to the applicable utility districts; 6. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land. C. Nonconforming development. 1. Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, yard, equipment, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. 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; or b. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 60% of its current value as assessed by the Washington County assessor, it shall not be reconstructed except in conformity with the provisions of this title; and c. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. Nonconforming use of structures. 1. If a single lawful use contained in a single structure involving that structure or structure and premises in combination(except for a single,accessory structure)existed as of March 16, 1983, it would not be allowed in the zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping or other deficiency(under the terms of this title or amendment thereto), the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this title in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located. b. Any nonconforming use may be extended throughout any existing parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building. c. A change of use for a single use in a single structure may occur under the following conditions: Nonconforming Situations 18.760-4 Code Update: 10/09 (1) The nonconforming use status was registered with the Director in the manner provided by Subsection 3 for the purpose of establishing the use classification as listed in any of the permitted use subsections of this title; (2) The new use is within the registered permitted use classification;and (3) The new use conforms to the zoning ordinance provisions. d. When a nonconforming use of a structure and premises is discontinued or abandoned for six months the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: (1) On the date when the structure or premises is vacated; (2) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (3) On the date of termination of any lease or contract under which the nonconforming use has occupied the premises;or (4) On the date a request for final reading of water and power meters is made to the applicable utility districts. e. Where a nonconforming use status applies to a structure and premises,removal or destruction of the structure shall eliminate the nonconforming use status of the land: (1) Destruction for the purpose of this subsection is defined as damage to an extent of more than 60%of its current assessed value by the Washington County assessor;and (2) Any subsequent use shall conform fully to all provisions of the zoning district in which it is located. 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency(under the terms of this chapter or amendment thereto),the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this title in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located. b. Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of March 16, 1983, but no such use shall be extended to occupy any land outside such building except as limited by Subsection (e) below. Nonconforming Situations 18.760-5 Code Update:10/09 c. A change of use may occur as follows: (1) The nonconforming use status was registered with the Director in the manner provided by Subsection 3 below for the purpose of establishing the use classification as listed in any of the permitted use subsections of this title; (2) The new use is within the registered use classifications; (3) The new use does not cause an increase in the total number of square feet in the registered use classification;or (4) The new use conforms to the zoning ordinance provisions. d. Where a structure had vacant units as of March 16, 1983, such vacant spaces shall be classified with the most restrictive use classification applicable to the structure; and e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. 3. The provisions of Section 18.760.040 shall not be interpreted as granting an owner of a nonconforming use a vested right. The provisions of the section may be revised in a manner which does not change the rights granted by this section under this chapter. E. Nonconforming situations in Washington Square Regional Center. For nonconforming uses and developments in the Washington Square Regional Center, the standards of Section 18.630.030 apply. (Ord. 09-13) 18.760.050 Repairs and Maintenance A. Routine repairs and maintenance permitted. On any nonconforming structure or portion of a structure containing a nonconforming situation, normal repairs, or replacement of roofs, non-bearing walls, fixtures, wiring or plumbing may be performed in a manner not in conflict with the other provisions of this chapter. B. Restoration to safe condition permitted. Nothing in this chapter prevents the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. • Nonconforming Situations 18.760-6 Code Update: 10/09 . 71 TIGARD June 9, 2010 City of Tigard Vial&Pham LLC 7900 SW Hunzicker St. Tigard, OR 97223 RE: Minor Modification, 11445 SW Tiedeman Ave Case number MMD2010-00014 Dear Mr. Vial, The City has received your application for a Minor Modification (MMD2010-00014) at 11445 SW Tiedeman Avenue here in Tigard. Staff has determined in a preliminary review that your application is substantively incomplete. Moreover, the City cannot approve an enlargement of the existing storage building as proposed in your application. However, a more limited project restricted to repairs and maintenance may be permitted. Our reasoning and your available options are discussed below: The property in question is located in the Industrial Park Zoning District (I-P). Section 18.530.020.A of the Tigard Development Code (WC) describes this zoning district as appropriate locations for the combining of light manufacturing, office and small-scale commercial uses in a campus like setting. The roofing and siding contractors currently located on the parcel are classified as "Industrial Services"under the City's use classification system (1DC 18.130.020.D.1). Such land uses are not a permitted use classification in this zoning district, as outlined in TDC Table 18.530.1. In other words, the existing businesses in question are not presently allowed in this zoning district. The intent of the TDC is to allow legally established land uses to continue operations, so long as they are not enlarged, expanded or extended should they become nonconforming due to a change in development regulations (TDC 18.760.010.B). Assuming the present contractors are a legal but presently nonconforming use, the City cannot approve an enlargement of the storage building as proposed. It can,however, approve more limited work that falls under the category of Repairs and Maintenance (1DC 18.760.050). The intent of this section is to allow normal maintenance and repairs necessary for keeping an existing building in sound and habitable condition, or for the restoration of a building to safe condition should that be ordered by a public safety official. In order to obtain approval for more limited work,it may become necessary to request a determination from the Director of Community Development regarding the legal status of the non- conforming land uses (TDC 18.760.020.A). During a conversation on June 8, 2010 you indicated that the present businesses had not been at this location for more than a few years. If that is the case, additional information regarding prior occupancy of the structures will be necessary,including both periods of occupancy and vacancy. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Please be aware that due to the limited information submitted with your application, staff has not reviewed the application for compliance with all aspects of the code and may request additional information during the review period as more information is known. At a minimum, the following changes are necessary to declare your application complete. 1. A scaled site plan will be necessary. The stated scale does not match the site plan submitted on May 27, 2010. 2. A larger scale site plan to allow an accurate review. 3. Existing and proposed uses on the subject property are not clear. How are the multiple structures related? Is the affected structure accessory to another use on the project site, or a separate and independent use? 4. Plan view of the addition and how it relates to the existing structure. 5. Elevations of the affected structure,including existing and proposed. 6. Aerial photographs and recent site visits by City staff indicate that there is substantially more parking and equipment storage on site that is not indicated on the site plan (parking aisles are only detailed on the Northeast corner). Please include all parking and storage areas on the site. 7. Please detail existing driveways and drive aisles. Please note that City staff are always available to answer any questions you may have. My direct number is 503-718-2429, and my email is johnfl @tigard-or.gov. Sincerely, • 'John Floyd Associate Planner CC: File MMD2010-00014 • APPLICANT MATERIALS RECEtVED MAY 2 7 2010 City of Tigard Minor Modification — Type I 4plication TIGP a. s .. ` ...x..y< ....,.. ..."ra'b 2.4gI '$a5`i:k.ii tg.,71td0 S^a. ,`.`k,it`E.,N"v:'Ye:"-S^r'&' le.. K1,1*-.._.. "':^';sk s'' GENERAL INFORMATION In addition, the Director must find that the proposed (44 S- change is in compliance with all applicable requirements of Property Address/Location(s): S�'`� Title 18 of the Tigard Development Code. To complete i L.A E.AA A-P1 k � this review, the Applicant's proposal must include a Tax Map&Tax Lot#(s): 15,3SC15 30V discussion indicating how the site expansion/change will continue to comply with the maximum setback, building Site Size: height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: VI kt- 4 rkAl■ LL„.`— storage, non-conforming situations, signs, and tree Address:_ -7q a) Se.) tioAr2_t lc- sT removal may also be applicable depending on the type and City/State: 6-A4-1) OIL Zip:cJ 7't.-2-3 location of the proposed modifications. Primary Contact: 1J t t- Orr,— Phone: S =1 40-73 73`(o Fax: S�3 - 7 7- 2'/z-c E-Mail: +1 c t.@_t/*,1 .M• covK Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) T C-0 A,A AA) tom[-assn N4- `L (Applications will not be accepted without the following required submittal elements) Address: I N 4 s tL L &Ar4 A.nt.. Phone:$3-47o-goS+,o City/State:: Zip: g72L3 ❑ Application Form ❑ 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 possession with written authorization from the owner or an Site Plan(4 Large Plans&One-Reduced to 8'/:"x agent of the owner. The owner(s) must sign this application 11") in the space provided on the back of this form or submit a ❑ Applicant's Statement/Narrative (4 copies) written authorization with this application. ❑ Filing Fee $579.00 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 or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) - Site Development Review or Section 18.330.020(B)(2) -Conditional Use. If the FOR STAFF USE ONLY modification exceeds the maximum allowed under any one or Li'of the criteria, a Major Modification review is required. Case No.(s): Ilul� cO 1 U + an I5 Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Other Case No.(s): Applicant's Statement: Receipt No.: j 8' [(3 The applicant's statement must include a summary of the Date: 57a-1 I I L) proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: to each criterion. Failure to provide the information needed Date Determined Complete: to process the application would be reason to consider an Revised 1-Jai-09 application incomplete and delay \curpin\masters\land use applications\minor modification app.docs review of the proposal. 1 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 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.IA— DATED this - ZS day of r/lA i ,20 t 0 .C ei i _........___ .......a..... . -Owner's Sign. re Owner's Signature f Owner'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 ( www.tigard-or.gov I Page 2 of 2 L4 q *(i1 41;k ,14,0 PlAinv;eza lye Aid-114A 5110 drflM[[ i, rQ� Pt tXl1� ��rCi,� i7,4„„m/4 ��ti� d«tip 5/4415? kekh;), 4keti 1111 CITY OF TIGARD RECEIPT _- II� � 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 178113 - 05/27/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010-00014 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2010-00014 Minor Modification to an Approved Plan- 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 005950 STREAT 05/27/2010 $579.00 Payor: Vial&Pham LLC Total Payments: $579.00 Balance Due: $0.00 I Page 1 of 1 Minor Modification Type 1 Application Narative for property located at 11445 SW Tiedeman Ave. Tigard Oregon 97223 1. An increase in dwelling unit density, or lot coverage for residential development Answer: This is not applicable because it is a commercial application. 2. A change in the ratio or number of different types of dwelling units Answer: This is not applicable because it neither changes the number or type of dwelling. It is a storage shop that will continue to be used as a storage shop. 3. A change that requires additional on-site parking in accordance with chapter 18.765 Answer: There will not be an increase in the occupancy of this building. It is a storage shed. The owners are needing to increase its size so that one of their service vehicles can fit in the building with room to work around it. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. Answer: The type of structure is not changing 5. An increase in the height of the building by more than 20 °lo Answer : The height is not changing. It is merely having the roof structure rebuilt with trusses 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Answer: There will be not be any changes to the site ingress or egress. Therefore it will not affect the off-site traffic. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. Answer: There will be no increase in traffic to or from the site. 8. An increase in the floor area proposed for a nonresidential use by more that 10% excluding expansions under 5000 Square fee - Answer: The total Square footage added 3' x 70' f r a total f 250 SF 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space by more than 10 %. Answer: Total lot size is .87 acres. Total SF reducing open space is 210 SF. This reduction is less than 1/2%. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan. Answer: The reduction of any SF of the site is less than 1/2 a percent. This is limited to graveled yard space. Therefore it will not reduce any recreational facilities, screening, or landscaping 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of Subsection B. 1 through 10 above of this section. Answer: There will be no other modifications done on this site other than those that are being proposed in this minor modification application. 5/17/1010 191 PM N ,,.N N n ' i. F jOb iRN i g ,I g i m d In H H F : .4q230§! I f I g b si 1 & € . ,, A I_ i5 §„; ; 1 to i9g 1; ii gl R o p. Tri w ¢9 7 m �' 4 rYN.. I / 1 A / I /'\ 1(\ 0 1 N 1 sN N swn�\ I f s7 i A 0 o n b SHEET COMBO C PROJECT: p e cnrz GENERAL NOTES& ii1HA Q ° w STORAGE REMODEL — —Consulting Lngineers ! : ° 't SITE PLAN ROOFLIFE OF OREGON 12480 SW 68th.Ave. ?d >� a o 11445 SW TIEDEMAN AVE Phone:e:(0503)968-9994 ,-,�a TIGARD,OREGON 97223 — _ Fax: (503) 968-8444 .•:,,,,,,,•,,,,r. ...;•....•• it, g.11 ...s, - rp.2.14 61.6.051.6 WO 571606174711161910.5777 COM clitil65 I .161756616 76175736 A10151.1,71776 MAK 10 KM.PIKIN AM IC 176.67/7.6 0 165/11141. I .67/.67ACL PM Olt 76756.7.PDX6l76 P.75.1136.1.7 IX 5550.617.7 616 0.7.055675.61•61511.5.71. 566,665M I rwenuors urifiwomne...sc new Cs..NRAD,Ati...4■Auo.m.row-seo 1 "CV OM 16 K. 1 RAO MOO.COM•571•63.51166 6.61657 706 5 6601510 RAMA.OiCEOPMFE EDAM 6117100010 701.f..1056174 MAYA. _..._ 5, =57656,,.765 5655,7,76656 756 66■76 45 ha ma m.•.......... \ MEI a'.V ,a.•102,11[Or....F.M. , ,.....,.... \ LIM, II.. MMII ;1 / ./....ea. a4. '_'It«o-r.,.7716,/, 5.156.77•6.75=DE 1..715711 \ .1111. / ■ .,...“...,................,,,,,,,,,,,,,,,,,.....,,,,,,„.. ,ROJECI SUMMARY. 7(';','"'%=K=fr'C'^orf r''' 4FM.IF EXMO SIM G.ANIIIIVISNI.10, R157060.1.45111.56 all611760116166660, \ \ ' 5,..,<cox.,,,,,,,,,5..75 5,6,6, NNW.,7.57,01111,7.6171616PVE 411671#7196114 5. 5 .6 1•1 5 61 AnK11015 Bar i 0 RAW 3-171157,7107.57636 A.A 55765617.1.?Me 767606 766 WI .0.0...t.M. / Z Z Pi 0 / ........17.MUM.......MO Pl....11.51.1.11 \ • ;0.10.1.10.111. 21 Z a.a. M......... 1 ....a..lad Mill.....15.....dan.C..0......■.....9 le WW1 .... I... 1511.0.00 / r5 ., n.........a....r........En ICE... I.C.. la.0 7. ...........,.., LLI c<0 4. no.s.am 511,110.3.,,IMORD+.1011.11.1....1./......C.4,0 NM ..n . ° •111...... / [151t, 131 SITE PLAN Ce co i< i .5....7.555,cp,..6..0.5667,7 55,67,157c6777.6,77,7 77c.p.7.6.57 ...7,,,..“... 7 .1157.165661.011,61.411.13,64.166.6 6171.4 g 510.1.117 761171/75[576.15•77•1061 me cc won ea D 17 P 0 z - z I I - 0 L., .... 10073 MANN 0.675P DM 05.14.10 WOWS A .... 5 Si a 4 • Washington C 7rpon • 2005-013479 02/08/2005 1 1 AM I RECORDING REQUESTED BY DOW 6,.•1 14n.22 I RCf:e FIDELITY NATIONAL TITLE COMPANY OF OREGON $10.00 06.00$11.00 fe75.00•TOW•Sdo2.oa GRANTOR'S TOaR'S NAME IIIIIH IIIIi`IgI lilt�llllllllllllllllll III \O I,J.nYH.n.on,DirectorofA.....m.ntandT..atlon yt.^ and 6a-0Rlclo County Clara for Washington County, I GRANTEE'S NAME Oregon,do hereby certify that the within Instrument of Y 4 Tiedeman Crossing, LLC .1 n was d 1a�awd Indu book or ,' ad Jerry R Hanson,0lracterH ..I.m.nt and Teuton, ..m.,00.• \ SEND TAX STATEMENTS To: fo.fllcIO County Chore i9/1b Tiedeman Crossing LLC 11 11445 Southwest Tiedeman Road Tigard, OR 97223 AFTER RECORDING RETURN TO: + o, +, WASHINGTON COUNTY Tiedeman Crossing LLC REAL PR gpE TY TRANSFER TAX 11445 Southwest Tiedeman Road ' _ j o0 .,1-8-o6 Tigard, OR 97223 FEE PAID DATE 1 . I .. .:a. • a- - ••a - f STATUTORY WARRANTY DEED a Merlo Station, LLC, an Oregon Limited Liability Co. Grantor, conveys and warrants to Tiedeman Crossing,LLC,an Oregon Limited Liability Co.,Grantee,the following described real property,free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon, p� SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF U w Subject to and excepting: S State of Oregon Well Ownership Form including the terms and provisions thereof recorded August 6 1998 under fee 4 #98086253 J 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $575,000.00 and is part of a 1031 tax deferred exchange (See ORS 93.030) DATED: February 3, 2005 Merlo Station, L C an Oregon 'mited Liability Co. By: The Bentley Far n R Bentley, member By: The Au Family LLC, Hawkin Au member OFFICIAL SEAL �i��;,.: 'CAREEN M.HUGGINS STATE OF OREGONII ) NOTARY PUBLIC-OREGON COUNTY OF of 1 t,h ` /Y COMMISSION COMMISSION OPIRES OCTOBER ,2005 This instrument was acknowledged before me on 0Anvvi a)0.-1 by J3710 aFr'c{ Y¢I taArl OFFICIAL S as 1'Nevhl-,�z,— yvl:ryiFje✓ � KAIiLEEN M UBGINS of 1110 t ji 1YYI I�LA-4- Il1e �J n1r Ll� \.:4111 ARY I4 OREGON Q�, ? "�` co M n' oN IJO 350600 t`�n OBER 20,2005 NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES: FORD-313 (Rev 2196) STATUTORY WARRANTY DEED Est row No. 10-111 1497-KH-28 ' Title Order No.01111497 EXHIBIT ONE Beginning at an iron pipe at the intersection of the center line of County Road No. 914, County Road No. 916, and Miller's Ferry Roads,said intersection being 1202.8 feet North 25°26'East from the Southwest corner of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon; thence North 42°27' East, along center line of Miller's Ferry Road and the prolongation thereof, 342 feet to the true point of beginning of tract to be described;thence continuing North 42°27'East,along the center line of Miller's Ferry Road and prolongation thereof, 149.08 feet to a point; thence North 13°06' East 54.87 feet to a point 35 feet Westerly,measured radially,from the located centerline of the Oregon Electric Railway's connection with the Southern Pacific Company's tract;thence, along a curve to the left having a radius of 1257.47 feet and an arc length of 79.80 feet,concentric with and 35 feet Westerly, measured radially from the center line of said connection(the chord of said curve bears North 9°30'30" East 79.79 feet) to a point;thence West 342.66 feet to a point which is North 42°33' West from the true point of beginning;thence South 42°33' East 321.54 feet to the true point of beginning. Excepting therefrom that portion dedicated to the public for street purposes by Dedication Deed recorded July 23, 1981, Fee No. 81025656. • • •'; 1111111 111111111111111111111 2005-13479 Portland Exterior Remodeling Contractor 1 1st Oregon Exteriors Page 1 of 2 • 1st Oregon Exteriors • Installation Service Procedures • Testimonials • The 1st Oregon Exteriors Team Our Credentials 1st Oregon's Mission Statement 1st Oregon Exteriors is duty bound to serve clients at our best. We, as a team, are internally driven to deliver quality products that are cutting edge style, and service that exceeds our clients' expectations. We strive to give every staff member the opportunity to grow and develop their own talents and leadership skills. We are an equal opportunity employer and believe in giving back to our society through charitable service. We stand ready to serve you with our combined talents in the maintenance and replacement of all types of roofing, siding, windows and paint. — Patrick D. Morin, President & Founder An Upstanding Company 1st Oregon Exteriors was started in 1996 by Patrick Morin, the owner of Roof Life of Oregon, in response to the class action lawsuits brought by homeowners against the manufacturers of several brands of composite wood siding. As these products began to fail on Portland area homes, there was a large demand for qualified and responsible crews to replace siding. His loyal roof maintenance customers kept asking him what to do about their failing siding, so he started a siding replacement business, eventually expanding into all kinds of exterior remodeling services. There are still thousands of Portland area homes covered with bulging, bulbous, rotting, leaking composite (LP, Masonite & Weyerhauser) siding. The lawsuits are over, but the problems remain. If your home is covered with this defective siding, you need to get rid of it. We can help. First Oregon is officially licensed and fully insured for your protection. And of course, all our new installations come with a Transferable Lifetime Workmanship Warranty. Accountability First Oregon Exteriors' certifications and memberships allow us to provide you with exacting standards, depth of knowledge and our promise of accountability. • Certified Installation Master with Milgard Windows • Certified Installer for DuPont Tyvek Moisture Barrier http://lstoregon.com/our-credentials 7/21/2010 Portland Exterior Remodeling Contractor I 1st Oregon Exteriors Page 2 of 2 • Certified Installer for James Hardie Siding Products • Certified Master Painter — Sherwin Williams Company • Certified Exterior Weatherization Specialist • Home Builders Association of Metropolitan Portland member You and Your Home are in Good Hands When you choose 1st Oregon Exteriors you get the benefits of a dependable staff that is experienced and caring. Most have been with the company for at least five years. Our technicians are fully trained, certified and accountable. We will treat your home with the respect and the personal attention it deserves. We are concerned that your life's routines are not disrupted during your siding or window replacement so our technicians work incredibly quick — some siding replacement jobs are finished in just two or three days. Your neighbors in the area are made aware of our workers' presence and thanked for their patience during the construction. Need to Know More? Read all about our Service Procedures. A healthy, beautiful home exterior is possible! Don't delay. GET IMMEDIATE SERVICE by requesting a free home exterior inspection and bid. Or call us now at 503-925-0124. First Oregon Exteriors 11445 SW Tiedeman Ave. • Tigard, OR 97223 Phone 503-925-0124 • Fax 503-214-5185 1st Oregon Exteriors is a DBA of PKMorin Enterprises, Inc. CCB#125208 Copyright © 2010 1st Oregon Exteriors, All rights reserved. http://lstoregon.com/our-credentials 7/21/2010 Roofing Company Credentials from Rooflife-Oregon.com Pagc 1 of Roof Life of Oregon • Lifetime Worksmanship Warranty • Testimonials • The Roof Life Team • Windows, Siding, Paint • Corporate Giving Our Credentials Roof Life's Mission Statement Roof Life of Oregon is duty bound to serve clients at our best. We, as a team, are internally driven to deliver quality products that are cutting edge style, and service that exceeds our clients' expectations. We strive to give every staff member the opportunity to grow and develop their own talents and leadership skills. We are an equal opportunity employer and believe in giving back to our society through charitable service. We stand ready to serve you with our combined talents in the maintenance and replacement of all types of roofing, siding, windows and paint. - Patrick D. Morin, President & Founder An Upstanding Company Patrick D. Morin is the founder and current owner of Roof Life of Oregon, a Portland Roofing Contractor. He started the business of cleaning, repairing and treating cedar roofs in the greater Portland area in 1983. As roofing materials diversified, Patrick did too. He and his team specialize in roof replacement as well as maintaining all types of roofing products and gutters. He also founded 1st Oregon Exteriors, specializing in all manner of exterior remodeling including siding, windows, masonry and more. Roof Life is officially licensed and fully insured for your protection. And of course, all our installations come with a lifetime guarantee. Roof Life currently serves over 6,000 homeowners and property managers in the greater Portland, Oregon area. Roof Life's certifications and memberships allow us to provide you with manufacturer-backed extended product warranties, exacting standards, depth of knowledge and our promise of accountability. We are a: • GAF Master Elite'' Roof Replacement Contractor (Just 2% of the roofing contractors in the U.S. have achieved Master Elite status! Because of our unique training and factory-certified status, roofs we install are eligible for special warranties like The Golden Pledge- all backed by GAF's financial clout as North America's largest roofing manufacturer.) http://rooflife-oregon.com/our-credentials 7/21/2010 Roofing Company Credentials from Rooflife-Oregon.com Page 2 of 3 • Cedar Shake and Shingle Bureau — Approved Installer (Only Cedar Shake and Shingle Bureau Approved Installers can offer a Cedar Shake and Shingle Bureau backed 20/25 year, Limited Warranty on product quality.) • National Roofing Contractors Association member (Roof Life meets ALL of the NRCA guidelines for selecting residential roofers) • Western States Roofing Contractors Association member • Associated Roofing Contractors of Oregon and SW Washington member • Home Builders Association of Metropolitan Portland member You and Your Home are in Good Hands When you choose Roof Life you get the benefits of a dependable staff (consultant, office and production) that is experienced and caring. Most have been with the company for a minimum of five years. Our staff is fully trained, certified and accountable. We will treat your home with the respect and the personal attention it deserves. We are concerned that your life's routines are not disrupted during your roof service. Our technicians work quickly and efficiently, including DAILY CLEANUP for the duration of your project. Your neighbors in the area are made aware of Roof Life's presence and thanked for their patience during the construction. A healthy, beautiful roof is possible. Don't delay. Call us today or use our on-line reauest forms. Make Roof Life part of Your Life. Our Service Area: We service the Portland, Oregon and Vancouver, Washington metro area inside the boundaries on this map. If you live outside this area, perhaps we can recommend another company for you. Roof Life of Oregon • 11445 SW Tiedeman Ave. • Tigard, OR 97223 • Phone 503-925-0125 • Fax 503-214-5185 Copyright © 2010 Roof Life of Oregon - Roof Life of Oregon is a DBA of PKMorin Enterprises, Inc. CCB#125208 Portland Roofing, Vancouver Roofing, All rights reserved. http://rooflife-oregon.com/our-credentials 7/21/2010 Roofing Company Credentials from Rooflife-Oregon.com Page 3 of 3 ! © Woodland Amboy ® © Verorr�a St Helens La Center �fecok D Rid old . le © `. G . cappnose 1 Salmon B •raise ' TlntoeI' 1 Creek . ,+. Barberton . guidon Lake Shore k Five • ,- Vancouver Comers licit-AI: Mill Rai '' • Camas Oak,Hills .- _. z' , ' ; Forest W Troutd. Grove Hillsboro Portland Gresham Beav n Lake oof Life of T Oregon San, Mt HI Sherwood r y —_J Villa, 1 Oregon City Newberg Wilsonville a rttun Estate: Dundee Canby Lafayette Minnville P .. ti Hubbard W.... .• AmiN Sheridan vc�s � a Mt Angel ,� ,p1� •ook, Coin` c+quikmaps ul Scotts Mills Map data.,")2010 Google-'t.:rilitaLtal http://rooflife-oregon.com/our-credentials 7/21/2010