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HOP1998-00140
NOTICE OF DECISION TYPE II HOME OCCUPATION (HOPI 98-0140 CITY o'IIGARD KATRINA L. MARTIN, LMT pingA(Better Community y Shaping Better Communit 120 DAYS = 5/4/99 SECTION I. APPLICATION SUMMARY CASE NO: Katrina L. Martin, LMT Home Occupation Permit (HOP) 98-0140 APPLICANT: Katrina Martin OWNER: Same 11105 SW Cottonwood Lane Tigard, OR 97223 PROPOSAL: This request is for Home Occupation approval to allow a licensed massage therapist business at the home. The business would entail 2-4 clients per day to come to the home for therapeutic massage services between the hours of 10:00 a.m. and 7:00 p.m. on weekdays. COMPREHENSIVE PLAN DESIGNATION: R-4.5; Residential, 4.5 units per acre. ZONING DESIGNATION : R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. LOCATION: 11105 SW Cottonwood Lane; WCTM 1S134AC, Tax Lot 02631 . APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 1 OF 7 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE JULIA HAJDUK IN THE PLANNING DIVISION AT (503) 639-4171. 1 . The applicant shall direct clients to park in the driveway and shall not allow clients to park on the street. This is a condition of permit approval and violation of this condition is grounds for possible revocation of the home occupation permit approval. 2. All Home Occupation standards discussed in this report and detailed in the Tigard Development Code Section 18.742 must be complied with at all times. SECTION III. PUBLIC COMMENTS RECEIVED In accordance with the current development code standards, property owners within 500 feet of the subject site are provided notice of the proposed application and given an opportunity to provide comments on the application in relation to the applicable review criteria. Staff received 7 letters from property owners. The following is a summary of the issues raised IN BOLD PRINT with the staff response following. Issue of a commercial type use in a residential neighborhood. A home occupation is permitted in ANY residential zone in the City of Tigard. Most cities have similar home occupation standards permitting a small-scale business use to be operated out of the home. The purpose section of the home occupation chapter states "It is the purpose of this chapter to permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because of the nature of the activity would make it impractical to expand to a full-scale enterprise...." If the applicant no longer meets the home occupation standards specified in this decision, the applicant is in violation of the approval criteria and would be better suited to locate in a commercial area that is designed to accommodate a larger-scale business. Issue of additional traffic creating safety problems. The maximum number of clients permitted to come to the home is 6, therefore an addition of 12 vehicle trips per day is possible as a result of this home occupation. Twelve additional vehicular trips are not considered a drastic increase that will pose safety concerns. If the applicant has more than 6 clients coming to the property per day, this is a violation of the home occupation standards and could result in a revocation of the approval. If it is felt that a violation is occurring, the Code Compliance Officer (Matt Scheidegger 639-4171 x314) should be contacted to investigate. If there are existing traffic concerns that are felt to endanger the children in the area, residents may wish to contact the Engineering Department to discuss traffic calming options to alleviate some of these traffic problems. Concerns about utilizing on-street parking. There appears to be adequate off-street parking in the applicant's driveway to accommodate the client parking, however, a condition of approval will be imposed stating that no on-street parking is to be utilized by clients and that they should be directed to park in the driveway. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 2 OF 7 Concerns about having more customers after building her business. The applicant has told staff that she operated a Licensed Massage Therapy business out of her home in the City of Portland, and before that, in the City of Milwaukie. It is assumed that a client base has already been established and she is aware of how many clients she will be seeing in a day. That aside, as stated previously, if she does find the need to schedule more than 6 clients per day, she is no longer operating in accordance with the home occupation approval standards and she would be required to locate in a commercial site that allows more customer visits. Again, if it appears that there is a violation of the home occupation standards, the Code Compliance Officer should be contacted, and if necessary, the home occupation permit may be revoked. Concern that this approval will result in copycat businesses to locate in the area or more businesses to seek the neighborhood out. Considering that a Type II home occupation is permitted in any residential zone provided the approval criteria are met, it is doubtful that anyone would seek this neighborhood out specifically. This application was the 140th home occupation application in 1998 and there have been no less than 123 home occupations per year since 1993, therefore, this is not unique to this neighborhood alone. Issue of a massage business and the connotation of "massage parlors" or other adult activities. While a massage business out of the home could conjure up images of other activities, there is absolutely NO indication that such a type of business would occur. Katrina Martin is a Licensed Massage Therapist (LMT). It is doubtful that if other activities were planned, that the applicant would go through the trouble of following the law and applying for this permit. In order to operate a legal business, a home occupation permit and payment of the City Business Tax is required. Concern of hours of operation. The applicant has indicated that 2-4 clients will be scheduled per day between the hours of 10:00 a.m. and 7:00 p.m. The Type II home occupation standards permit activity between the hours of 8:00 a.m. and 10:00 p.m. any day of the week. While Katrina Martin has indicated the hours of operation will be more limited than this, she could operate the business within the hours permitted by the Code. If the business activity occurs outside of the permitted hours of operation, this is a violation and the Code Compliance Officer at the City of Tigard should be contacted. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.742.040 states that All home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type I I uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed home occupation is being undertaken by the property owner who is a principal occupant of the property. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 3 OF 7 There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be no delivery of products or supplies to the residence. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc., are anticipated based on the proposed home occupation business. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The applicant has provided a site plan illustrating that the business will be limited to one room. The total square footage of the residence that will be utilized by clients is 100 square feet. Since the total square footage of the dwelling is 2,300 square feet, the proposed business does not exceed 25 percent of the residence. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.144 of this title; No changes to the dwelling are proposed. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There are no other home occupations approved for this site, therefore, this criterion does not apply. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 4 OF 7 There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; No storage or distribution of toxic or flammable materials is anticipated based on the proposed use, therefore, this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has indicated that clients will park in the driveway. Several of the comments received were from people with concerns about the use of on-street parking by clients. The applicant has a garage as well as, a driveway that should be able to accommodate 2 vehicles. Since the number of parking spaces provided on-site are that which are normally required for a residence, on-street parking should be unnecessary if the home occupation standards are being met. The Tigard Development Code states that the Director may impose conditions upon the approval of Type II home occupation permits to insure compliance with the requirements of the Home Occupation chapter. Staff, therefore, finds that a condition stating that the clients of the business must be directed to park in the driveway and not utilize on-street parking is warranted. With the condition, this criterion will be satisfied. The following uses are not allowed as home occupations: (a) Auto-body repair and painting. (b) . Ongoing mechanical repair conducted outside of an entirely enclosed building. (c) Junk and salvage operations. (d) Storage and/or sale of fireworks. The proposed home occupation does not involve any of the above uses, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 5 OF 7 No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TCDC chapter 18.142.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that she will have one, 81/2" x 11" sign on the left side of the garage door. There will no employees. The applicant has indicated that 2-4 customers a day will be coming to the site. Up to 6 clients are allowed to come to the site per day. If more than 6 customers come to the site per day, this is a violation of the permit standards and the home occupation permit may be revoked. The applicant has indicated that clients will be coming to the site between the hours of 10:00 a.m. and 7:00 p.m., Monday-Friday. Excessive traffic will not be created because, at maximum, the increase will only be an additional 12 trips per day (6 clients x 1 trip to the site and 1 trip from the site). A condition will be placed on the home occupation requiring all clients to utilize the existing driveway to insure that on-street parking is not used. As previously stated, no storage of materials is proposed or anticipated. Based on the above analysis, the additional criteria for a Type II home occupation have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 25, 1999 AND EFFECTIVE ON FEBRUARY 9, 1999 UNLESS AN APPEAL IS FILED. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 6 OF 7 Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON FEBRUARY 8, 1999. 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. / 1 icitAiL Janu ary 25, 1999 PREPARED By. Julia Powell Ha DATE Associate Planner • / ( J } -� �--f January 25, 1999 APPROVED BY: Richard Bewersdo DATE Planning Manag is\curpin\julia\hop\hop98-0140.doc HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 7 OF 7 -`' ' CITY _1f i[GFA"t?1) , VIM impp-1-11 4+8.11�•�� 6e00NApeic INf ONNATION SYSTEM VICINITY MAP 0► law r Ili, • . o° HOP 98-0140 1, . D• BA: Katrina L. Martin, LMT iik . s o ;1111111410 . I �O �. sozc � , ii•ND 6 or V ii A: �m �� - 0 .� _g CO SW BLACK .� � �''� Q ► � P �` 111 rr►41W 1 ,� 111 _..) in ui COTTONWOOD LN = in —+ WGENEVA -o W II !P!! I via ISUBJEC SITE I iiii S� N 1. - _ vii RN % 100 200 300 400 Feet CO R. to 1 a. V Or 1 302 feet YP TH Imp „i„,A DAKOTA ST NORTH • . City of Tigard W Information on this map is for general location only and l should be verified with the Development Services Division. �---, 1 j Q 13125 SW Hall Blvd = Tigard,OR 97223 (503)639-4171 _ i _`" MEM http/nvww.ci.figard.or.it Community Development Plot date:Jan 5, 1999;C:Umagic\MAGICO2.APR REQUEST FOR COMMENTS te ( F./1, ■■ frof /7YI 6 r v v /:-/e 74/ '/I° VD//r:Zr,.t Nir7,41 %NT c G 4_3 (ce,c, -- / (7.=if /(2-(h) �7 Mr. & Mrs. Chester L. Robinson 11055 S.W. Cottonwood Lane Tigard, OR 97223-4221 RECEIVED PLANNING JAN 1 9 1999 CITY OF TIGARD &4,6&-.4.k7 .12671.14_,t, / RECEIVED /(6,' iiie,/ i, 2-1,1A), IY) ictql L JAN 1 9 1999 ✓C R 3,73 ,y,/,Le(�,�� COMMUNITY DEVELOPMENT TriVaA al j / C1 -74 c RE H 0 P 1g'olgo // a ,1�� ; / -1' 'c. re-7(4 is),5sic. -1 s', 376 J ,R , 417 i X& - tt out ho (t� , ( /61i 1 'i j ‘41,----tic cuLecc, kic a_c_a_e-6z7;9,7 ,, //w\t_4_ -7?61--71- J -4 1 et ketav -- Al Q / . ,z 61_66,_), a_.,, , c--Q J, / Cc.� i l-C�o(d ��YG UC(4d (.ki �L L1�1 ./ �X /M F � e° 1 ��`�-�-���--� ,��� cgs ct_ TA 4 4 / ' 6;ifinti.4) - 1".147, 4,6",472.4a2 ), J ) r TS c i ,j' AL ) Q diA, fkb • ovya_eJ 1/(P oL owl= l' .-7-7' 4 eat 77_2.2, //i/Ocj-zo, Ott.1:6,,,,,,,,,,,,4 4ee'et, #tyze, V/3/2 4u, RECEIVED '7; i t01- 914723 JAN 1 9 1999 COMMUNITY DEVELOPMENT 4• , tfi-0/y h-n-w n 1. ///02i7„1, cm, ..k ' .6itz c)covi ;intaek wo--at_‘ ^ti Jam. 1 ,e(401,04 a, • X- . Gct/I di-e-vr auk _ : c 1, , tk . O r -& d-6,-/reitkk 4 6;,t. Olei 'I'diekitri-izirzsf-atvea---e(rt ins r 4 i'L 41 e,/,, f- ., gi Cep ‘1,6, (.6 a aP-/e/Aew(-6zz - "tri, gmec -ci . ga o i Off./ . * g i ._ I i / ,f--'‘ /_„ elfi/ Ai / r‘fA'ree e°t-146 ,,y( lee' Zt :ilvArv,e0 Oa./ 0--rviw rk (?adze irre4 , . Ae e � • bie 6 4/- e , gee-, v 7ievd cf/taezJgur a? 5- 67-A0ic-f 62,1fre--/- tee «,iris' .D/2 dh4tt,, 01107 / 'fi' /d/ M _ fW 1 G'71--LIZI4' ctfr 4462ziii. Cri-di1,1 7t Zgiii, .7ieri ,/, 2tai a-A). a2wni/ oz oeta ei lea{ -6. . i;la ff.,Ez, ////,,,,e,07,b,„at,„",7---.9,0, ?7z2 3 a lb 1 January 12, 1999 Ms. Julia Powell Hajduk Associate Planner Planning Division City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 re: HOP 98-0140/Katrina L. Martin, LMT Dear Ms. Hadjuk, We are responding to the proposed request for Home Occupation by Ms. Martin, the new resident of 11105 SW Cottonwood Lane, Tigard. We are definitely opposed to her request to use her residence as a place of business. Although we are sympathetic to her desire to engage in personal business, our residential street is not the place to conduct it. The increased traffic and the fact that numerous strangers will be brought onto our street are entirely unacceptable. We live in a residential area to avoid the traffic and annoyances of commercial streets. The proposed commercial use of a home in our neighborhood violates that basic tenet of low density residential living. If Ms. Martin wishes to engage in such business, she should seek out a commercial business site built for that specific purpose. We have not opposed home businesses on our street in the past if such businesses did not have customers coming to the home. However, this particular proposed business, regardless of how "few"people will be treated at first, does not justify increasing traffic and compromising neighborhood safety. Sincerely, CL Deun' & Tara T e 1107 SW Cottonwood Lane Tigard, OR 97223 January 11 , 1999 City of Tigard Planning Division 13125 S .W. Hall Blvd. Tigard, Oregon 97223 ATTN: Julia Powell Hajduk My name is Linda Brewer and I have lived at 11035 S .W. Cottonwood Lane since 1977 . I have 2 children and have enjoyed the quiet and safety of living on this street that is traveled mainly by the residents that live here. This street is not or ever has been a short cut for commuters for easy access to Scholls Ferry Road or S .W. 121st. The safety for children playing outside their homes has not been an issue simply because of the limit of cars that travel this street. Katrina Martin has recently moved to this area. Before purchasing this home the question of operating a home based business should have been discussed with her realtor as to how the location of her home could accommodate extra parking, value of surrounding homes and increase of traffic traveling back and forth to her residence. I am sure she had plans to operate a home based business before she moved in. There are many retail spaces available for her to use in the area or her specialty would allow her to travel to her clients home to provide the services . Most massages are scheduled for one ( 1 ) hour per customer. To have 2-4 clients between the hours of 10 : 00AM to 7 : 00PM on week days would be just in the beginning until she builds up her business . There is nothing saying that her business would not grow to more customers per day in the future. She is doing this to make money. It would' nt surprise me if she is not conducting business out of her home right now. As a concerned parent and long time resident of this street I am against what Katrina Martin wants to impose on this neighborhood. Imposing an increase of traffic and obstructing parking in the street would put the children at risk and the freedom of playing in the street and surrounding areas. Thank you for allowing me to voice my concerns . Sincerely, /4 VLCL Gam. Linda Brewer January 13, 1999 ,, ,, CITY OF TIGARD Michael Godsey 11115 SW Cottonwood Lane OREGON Tigard, OR 97223 Dear Mr. Godsey: This letter is in response to your request for additional information on Home Occupations. As I stated on the phone, a Home Occupation is permitted in any residential zone, as has been the case since the original development code was adopted. Home Occupations are permitted now, and were permitted in Washington County before the City of Tigard incorporated. A quick survey of nearby planning departments confirmed that all have provisions for Home Occupations. The contacted municipalities include: Tualatin, Beaverton, Lake Oswego and West Linn. I did not contact more because I am certain that every city has some provisions for allowing businesses out of the home. I encourage you to contact additional cities if you do not feel comfortable with my limited number of contacts. In order to obtain a Home Occupation permit, an applicant must comply with specific conditions/requirements. Prior to the most recent code update (11/26/98), a Home Occupation decision was made by staff and notice of that decision was sent to property owners within 250 feet with the opportunity to appeal. With the code revision, a Type II Home Occupation had an added public notice provision in which the City notifies property owners within 500 feet of the site that a decision is pending and provides an opportunity to comment prior to a decision being made. This is the only change. A Home Occupation is not permitted in any areas that had not previously been permitted. I told you on the phone that I would get a list of Home Occupations that had been approved within the City. I am unable to do this as the list is extensive, however, you are welcome to contact our Records Department to set up a time to review the files. We have averaged 136 Home Occupation applications since 1993. We have a log book, which lists Home Occupations from 1982-1991, which again, you are welcome to set an appointment to come review. Staff can not deny an application unless the proposal does not comply with the Home Occupation criteria. If the proposal conforms with the standards, staff can not deny the application. If, after a Home Occupation begins, violations of the standards occur, enforcement action can be taken. This could include a public hearing to revoke the Home Occupation permit if violations of the code standards were substantiated. I hope the information provided addresses your concerns. As stated in the notice of pending decision, you have until January 19, 1999 to provide comments on the Home Occupation at 11105 SW Cottonwood (HOP 98-0140). Sincerely, '/it/J/i/ zcv/^W-- ulia Powell Hajdu Associate Planner is\curpin\julia\homeocexpl.doc c: HOP 98-0140 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 MICCIE,, E7M10) Ir2 JAN 1 2 1999 John & Barbara Huseby 11155 SW Boxwood Ct. Tigard, OR 97223 January 8, 1999 Julia Powell Hajduk Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard. OR 97223 (503) 639-4171 I am writing in regard to the proposal for rezoning to allow a massage therapist business in the home at 11105 SW Cottonwood Lane. We are very much opposed to allowing this business to come into the neighborhood. The petition specifies 2-4 clients per day. Once granted what is to prevent that from being 10 — 20 clients per day? This is now a purely residential neighborhood with many small children. Once a use permit of this type is allowed the precedent is set for possibly copies of the same business to seek out this neighborhood; or for other residential businesses to be attracted to this area. We do not need the parking clutter. We do not need the traffic. This is a residential neighborhood, and should be left that way. John Huseby -CEIVED PLANNING JAN 1 1 1999 James A. Rooks art OF TIGARD 11045 S.W. Cottonwood Lane Tigard, OR 97223-4221 January 7, 1999 Julia Powell Hajduk Planning Division, City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Subject: HOP 98-0140/Katrina L. Martin, LMT The idea of a Massage business in the neighborhood conjures up images of the Massage Parlors in the"Adult Business" districts of shady areas of town. The concept of 2-4 clients between hours of 10:00 am and 7:00 pm, weekdays, does not seem balanced. Would the approval guarantee a limit of 4 clients per day and massage services concluded, and client out of the neighborhood, no later than 10:00 pm? Would there be any clients on Saturdays or Sundays? Thank you for this opportunity to make comment. Very truly, 16")-cf-41-- James A. Rooks (503)590-0576 FAX(503)524-4640 email:jrookspdx@aol.com MAILING / NOTIFICATION RECORDS A, AFFIDAVIT OF MAILING O_ 'hl CITYF TIGARD Community(Deveropment Shaping A7 Better Community STATE of OREGON- ) County of Washington )ss. City of Tigard ) I, cPatricia G. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appooriate Box(s)Below} 0 NOTICE OF PENDING LAND USE APPLICATION FOR:. 7 AMENDED NOTICE (File No Name Reference) City of Tigard Planning Director © NOTICE OF DECISION FOR:, HOP 98-0140/KATRINA L. MARTIN, LMT AMENDED NOTICE (File No/Name Reference) 0 City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: I AMENDED NOTICE (File No/Name Reference) (Date of Public Rearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer O Tigard Planning Commission O Tigard City Council NOTICE OF FINAL ORDER NO. FOR: _ _ I AMENDED NOTICE (File No/Name Reference) (Date of Public Rearing) ❑ City of Tigard Planning Director O Tigard Hearings Officer O Tigard Planning Commission O Tigard City Council NOTICE OF: (Type/Kind of Notice) FOR: I (File No/Name Reference) (Date of Public Reanng,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEESI of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B", on the 25th day of lanuar 1,1999, and deposited in the United States Mail on the 25th day of January 1999, postage prepaid. / ,,//, / / a cfq . -) , /7/...t." (Person that Prepared o ce) Subscribed and sworn/affirmed before me on the day of `,4 L... I . , 19/ VI I ��.�.� OFFICIAL SEAL 1 % 4 / 1 DIANE M JELDERKS NOTARY PUBLIC OF OREGON NOTARY PUBLIC-OREGON �� �,�,.,� COMMISSION NO.046142 MY Commission Expires:_ MY COMMISSION EXPIRES SEPTEMBER 07,1999 EXHIR rT N Ntrillet OF oicistifil rh► E egpirtioN 9 l'invit sem et mini) me intinnore CITY OP TIOARD Community Development "� iN `LtM Sfiapin )4 Better Community 120 DAYS = 5/4/99 SECTION I. APPLICATION SUMMARY CASE NO: Katrina L. Martin, LMT Home Occupation Permit (HOP) 98-0140 APPLICANT: Katrina Martin OWNER: Same 11105 SW Cottonwood Lane Tigard, OR 97223 PROPOSAL: This request is for Home Occupation approval to allow a licensed massage therapist business at the home. The business would entail 2-4 clients per day to come to the home for therapeutic massage services between the hours of 10:00 a.m. and 7:00 p.m. on weekdays. COMPREHENSIVE PLAN DESIGNATION: R-4.5; Residential, 4.5 units per acre. ZONING DESIGNATION : R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. LOCATION: 11105 SW Cottonwood Lane; WCTM 1S134AC, Tax Lot 02631. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the Cof Tigard Community Development Director's designee ` . r . AP* F. 6oue requestSubjeCt,tr�pertain 6°Milttiivns apPC°44I; The findings and conclusions on Whirch the decision is°based are noted in Section IV. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 1 OF 7 CONDITIONS OF APPROVAL CONTACT SHALL IIIJULIA'H OUK _. IN THE'PLANNINt VISION AT(503)(139-411t- . 1. The applicant shall direct clients to park in the driveway and shall not allow clients to park on the street. This is a condition of permit approval and violation of this condition is grounds for possible revocation of the home occupation permit approval. 2. All Home Occupation standards discussed in this report and detailed in the Tigard Development Code Section 18.742 must be complied with at all times. SECTION III. PUBLIC COMMENTS RECEIVED In accordance with the current development code standards, property owners within 500 feet of the subject site are provided notice of the proposed application and given an opportunity to provide comments on the application in relation to the applicable review criteria. Staff received 7 letters from property owners. The following is a summary of the issues raised IN BOLD PRINT with the staff response following. Issue of a commercial type use in a residential neighborhood. A home occupation is permitted in ANY residential zone in the City of Tigard. Most cities have similar home occupation standards permitting a small-scale business use to be operated out of the home. The purpose section of the home occupation chapter states "It is the purpose of this chapter to permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because of the nature of the activity would make it impractical to expand to a full-scale enterprise...." If the applicant no longer meets the home occupation standards specified in this decision, the applicant is in violation of the approval criteria and would be better suited to locate in a commercial area that is designed to accommodate a larger-scale business. Issue of additional traffic creating safety problems. The maximum number of clients permitted to come to the home is 6, therefore an addition of 12 vehicle trips per day is possible as a result of this home occupation. Twelve additional vehicular trips are not considered a drastic increase that will pose safety concerns. If the applicant has more than 6 clients coming to the property per day, this is a violation of the home occupation standards and could result in a revocation of the approval. If it is felt that a violation is occurring, the Code Compliance Officer (Matt Scheidegger 639-4171 x314) should be contacted to investigate. If there are existing traffic concerns that are felt to endanger the children in the area, residents may wish to contact the Engineering Department to discuss traffic calming options to alleviate some of these traffic problems. Concerns about utilizing on-street parking. There appears to be adequate off-street parking in the applicant's driveway to accommodate the client parking, however, a condition of approval will be imposed stating that no on-street parking is to be utilized by clients and that they should be directed to park in the driveway. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 2 OF 7 Concerns about having more customers after building her business. The applicant has told staff that she operated a Licensed Massage Therapy business out of her home in the City of Portland, and before that, in the City of Milwaukie. It is assumed that a client base has already been established and she is aware of how many clients she will be seeing in a day. That aside, as stated previously, if she does find the need to schedule more than 6 clients per day, she is no longer operating in accordance with the home occupation approval standards and she would be required to locate in a commercial site that allows more customer visits. Again, if it appears that there is a violation of the home occupation standards, the Code Compliance Officer should be contacted, and if necessary, the home occupation permit may be revoked. Concern that this approval will result in copycat businesses to locate in the area or more businesses to seek the neighborhood out. Considering that a Type II home occupation is permitted in any residential zone provided the approval criteria are met, it is doubtful that anyone would seek this neighborhood out specifically. This application was the 140th home occupation application in 1998 and there have been no less than 123 home occupations per year since 1993, therefore, this is not unique to this neighborhood alone. Issue of a massage business and the connotation of "massage parlors" or other adult activities. While a massage business out of the home could conjure up images of other activities, there is absolutely NO indication that such a type of business would occur. Katrina Martin is a Licensed Massage Therapist (LMT). It is doubtful that if other activities were planned, that the applicant would go through the trouble of following the law and applying for this permit. In order to operate a legal business, a home occupation permit and payment of the City Business Tax is required. Concern of hours of operation. The applicant has indicated that 2-4 clients will be scheduled per day between the hours of 10:00 a.m. and 7:00 p.m. The Type II home occupation standards permit activity between the hours of 8:00 a.m. and 10:00 p.m. any day of the week. While Katrina Martin has indicated the hours of operation will be more limited than this, she could operate the business within the hours permitted by the Code. If the business activity occurs outside of the permitted hours of operation, this is a violation and the Code Compliance Officer at the City of Tigard should be contacted. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.742.040 states that All home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed home occupation is being undertaken by the property owner who is a principal occupant of the property. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 3 OF 7 There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be no delivery of products or supplies to the residence. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc., are anticipated based on the proposed home occupation business. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The applicant has provided a site plan illustrating that the business will be limited to one room. The total square footage of the residence that will be utilized by clients is 100 square feet. Since the total square footage of the dwelling is 2,300 square feet, the proposed business does not exceed 25 percent of the residence. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.144 of this title; No changes to the dwelling are proposed. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There are no other home occupations approved for this site, therefore, this criterion does not apply. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 4 OF 7 There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; No storage or distribution of toxic or flammable materials is anticipated based on the proposed use, therefore, this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has indicated that clients will park in the driveway. Several of the comments received were from people with concerns about the use of on-street parking by clients. The applicant has a garage as well as, a driveway that should be able to accommodate 2 vehicles. Since the number of parking spaces provided on-site are that which are normally required for a residence, on-street parking should be unnecessary if the home occupation standards are being met. The Tigard Development Code states that the Director may impose conditions upon the approval of Type II home occupation permits to insure compliance with the requirements of the Home Occupation chapter. Staff, therefore, finds that a condition stating that the clients of the business must be directed to park in the driveway and not utilize on-street parking is warranted. With the condition, this criterion will be satisfied. The following uses are not allowed as home occupations: (a) Auto-body repair and painting. (b) , Ongoing mechanical repair conducted outside of an entirely enclosed building. (c) Junk and salvage operations. (d) Storage and/or sale of fireworks. The proposed home occupation does not involve any of the above uses, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 5 OF 7 • No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TCDC chapter 18.142.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that she will have one, 81/2" x 11" sign on the left side of the garage door. There will no employees. The applicant has indicated that 2-4 customers a day will be coming to the site. Up to 6 clients are allowed to come to the site per day. If more than 6 customers come to the site per day, this is a violation of the permit standards and the home occupation permit may be revoked. The applicant has indicated that clients will be coming to the site between the hours of 10:00 a.m. and 7:00 p.m., Monday-Friday. Excessive traffic will not be created because, at maximum, the increase will only be an additional 12 trips per day (6 clients x 1 trip to the site and 1 trip from the site). A condition will be placed on the home occupation requiring all clients to utilize the existing driveway to insure that on-street parking is not used. As previously stated, no storage of materials is proposed or anticipated. Based on the above analysis, the additional criteria for a Type II home occupation have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 25, 1999 AND EFFECTIVE ON FEBRUARY 9, 1999 UNLESS AN APPEAL IS FILED. HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 6 OF 7 Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1 . may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON FEBRUARY 8, 1999. 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 . 11 /J`// 14/i. t January 25. 1999 PREPARED 13,. Julia Powell Haj4uk DATE Associate Planner c J_ , ''""/ January 25. 1999 APPROVED BY: Richard Bewersdorf� DATE Planning Manager is\curpin\julia\hop\hop98-0140.doc HOP 98-0140/TYPE II KATRINA MARTIN, LMT PAGE 7 OF 7 -. \ 'al i ,Wil.- , CITY of TIGARD ! VICIN ITY MAP WAIN 1 t 101111 'stalk g ,00,41, lk• 044/o HOP 98-0140 , ih, D BA: . Katrina L. Martin, LMT :\ 11, 4. s �� ° Z �, o �z_N__,____ 1/11111110: .. 1�� Apr , N SW BLACK 1I N > 2 1111111w wircir■ WI et/ ri 11111. 3, MI M0 I EI MO ail '-- COTTONWOOD LN `a a • a SVN GENEVA' ii1• w .. .. .. .. , C 0 100 200 300 400 Feet J _ 1'.X02_ r A r NORTH DAKOTA ST City of Tigard / W Information on this map is for general location only and should be verified with the Development Services Division. , , Q ¢ 13125 SW Hall Blvd _. Tigard,OR 97223 T I / (503)6391171 .c— http://www.ci.tigard.or.us Community Development Plot date:Jan 5, 1999;C:Magic\MAGICO2.APR f/( /- -/,)"` Cpl `-/Li li i'1 4A -O 7200 1S 134AC-07300 HAM� 3 C REESE LYLE A&MARCELLA D J MORRISSEY DAVID D&BRONWYN D 10898 SW 111TH AVENUE 10897 SW 111ST AVE TIGARD,OR 97223 TIGARD,OR 97224 J1S134AC-07400 / 1S134AC-07500 MEDER DALE R& KAREN M u WITTKE WALTON L 10921 SW 111TH AVE 10939 SW 111TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-07600 J 1S134AC-07700 V THOMSON LINDA M LANDIS SHEILA T&STEVEN P 10967 SW 111TH PL 10995 SW 111TH PLACE TIGARD, OR 97223 TIGARD,OR 97223 /1 S 134AC-07800 / 1 S 134AC-07900 LANGE MATTHEW S&TERESA G HANCOCK KEVIN S&JENNIFER J 11076 SW GENEVA ST \�S 11044 SW GENEVA TIGARD,OR 97223 'AJOI. (�C��rl TIGARD,OR 97223 t- 1 S 134AC-08000 V N 1 34AC-08100 \�� SMITH JASON C&LINDSEY J NIE ER � \ 11022 SW GENEVA ST PO BO :. \� TIGARD,OR 97223 PO' ' •ND, 6' 97207 i1S134AC-08200 J 1S134DB-00200 NIEMEYER J CARNAHAN EDITH PO BOX 661 10985 SW NORTH DAKOTA ST PORTLAND,OR 97207 TIGARD,OR 97223 J1S134DB-00300 1S134DB-00400 CORPORATION OF THE ✓ ELLSON WALLACE C 50 E NORTH TEMPLE 22ND FL 11225 SW NORTH DAKOTA SALT LAKE CITY, UT 84150 TIGARD,OR 97223 J1S134DB-00500 V, / 1S134DB-00600 KOENIG RONALD M&PEARL D FEHRENBACHER HELEN 11329 SW NORTH DAKOTA 11685 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1S134DB-04300 / 1S134DB-04400 BRAHM STUART R&SHARON W V COGAN JOSEPH P&SALLIE S 11085 SW 109TH 11065 SW 109TH TIGARD,OR 97223 TIGARD,OR 97223 i1S134DB-05500 V 1S134DB-05600 JEFFERS CAROL L ENYART JOHN FREDERICK& 11013 SW 111TH PL 11057 SW 111TH PL TIGARD,OR 97223 TIGARD,OR 97223 tS134AC-02601 1S134AC-02610 TIGARD CITY OF J MIETH RICHARD C&BETTY M 13125 SW HALL 11315 SW WILLOW WOOD CT i IGARD,OR 97223 TIGARD,OR 97223 / 1S134AC-02618 1S134AC-02619 V CAMPBELL CAROL 0 / PETERMEYER RAYMOND H& 11235 SW WILLOWOOD CT 11605 SW HAZELWOOD LOOP TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02620 1S134AC-02621 ZWINGLI WALTER SCOTT&SUSAN GR V GILMAN DOUGLAS RAY&LINDA I 11215 SW COTTONWOOD LN 11205 SW BOXWOOD CT TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-02622 J 1S134AC-02623 LINDAY ANGELA G& MEAD GEORGE W JR 11195 SW BOXWOOD CT 5040 SW HILLTOP LANE TIGARD, OR 97223 PORTLAND,OR 97221 J1S134AC-02624 1S134AC-02625 MAHONE GARY R&APRIL H Y KING-SANCHEZ EVELYN M AND 11175 SW BOXWOOD CT 11165 SW BOXWOOD CT TIGARD,OR 97223 TIGARD,OR 97223 J1S134AC-02626 1S134AC-02627 HUSEBY JOHN AND ,I STREIGHT KENNETH L JANET 11155 SW BOXWOOD CT 11145 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02628 / 1S134AC-02629 MALLETT JAMES A&MARGARET V LEVINE EUGENE P&CHRISTINA R 11135 SW COTTONWOOD LANE 5720 TOTH PLACE TIGARD,OR 97223 AGOURA HILLS,CA 91301 1S134AC-02630 1S134AC-02631 j GODSEY MICHAEL R AND ANN B RIGGINS STEVEN M&LINDA P 11115 SW COTTONWOOD LANE 11105 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 /1S134AC-02632 /1S134AC-02633 V AGUON EDWARD J T/BARBARA J V ADAMS MICHAELENE 11095 SW COTTONWOOD LANE 4338 GENTRY AVE TIGARD,OR 97223 STUDIO CITY,CA 91604 { 1 S 134AC-02634 1 S 134AC-02635 l ° `L' (w�1�r 5 Y/ TRUNE DENNIS R AND TARA L WOOD WILLIAM G&MICHELLE M 11075 SW COTTONWOOD LN 11065 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 1 S 134AC-02536 / 1 S 134AC-02637 i ROBINSON CHESTER L TR ROOKS JAMES A&RITA R CO-TRS 11055 SW COTTONWOOD LANE 11045 SW COTTONWOOD LN 7IGARD, OR 97223 TIGARD,OR 97223 V 1S134AC-02638 1S134AC-02645 BREWER PATRICK A&LINDA E j/ KONSTEN ARMIN&HUBERTINA 11035 SW COTTONWOOD LN 11030 SW COTTONWOOD LN TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-02646 / 1S134AC-02647 V SWEARINGEN LARRY V KITCHENS JEREMY TROY& 11040 SW COTTONWOOD LN 11050 SW COTTONWOOD LN TIGARD, OR 97223 TIGARD,OR 97223 / 1S134AC-02648 / 1S134AC-02649 v BONACKER GERALD N JEAN E V HUNT TODD B/MELISSA J 11060 SW COTTONWOOD LN 11070 SW COTTONWOOD LANE TIGARD, OR 97223 TIGARD,OR 97223 / 1S134AC-02650 f 1S134AC-02651 Y . HAYNES KENNETH R& KELLY D SCHOPPE ALLENE BONNIE 11080 SW COTTONWOOD LANE 1110 SW COTTONWOOD LN TIGARD,OR 97223 PORTLAND,OR 97223 1S134AC-02652 1S134AC-02653 ✓ HUNTER JOHN R BETTY Q ✓ WESCOTT PAUL R AND JOYCE E 11150 SW COTTON WOOD LN 15433 SE WEBSTER RD TIGARD,OR 97223 MILWAUKIE,OR 97267 / 1S134AC-02654 /1S134AC-02655 ✓ HENNINGSEN CHRISTOPHER R ✓ YOUNT PHILIP R&DONNA MAE H 16916 NW BERNIETTA CT 11222 SW COTTONWOOD LN PORTLAND, OR 97229 TIGARD,OR 97223 / 1S134AC-02656 1S134AC-02657 D~ MULLEN PATRICK M&PATRICIA ✓ KARRIGAN ERIN Ckt\ �' 6990 SW HEATH PL 1958 NW IRVING#27 r ) BEAVERTON, OR 97008 PORTLAND,OR 97209 /1S 134AC-02658 ✓ 1S134AC-03200 DEAN BRADLEY L JR&TONI A JOHNSON DALE L&TERESA 11330 SW COTTONWOOD LANE 11001 SW BLACK DIAMOND WAY TIGARD,OR 97223 TIGARD,OR 97223 Ni 1S134AC-03300 J 1S134AC-03400 GIBBS WILLIAM R&KATHRYN A ROBERTS OFELIA P 11049 SW BLACK DIAMOND WAY 11083 SW BLACK DIAMOND WAY TIGARD,OR 97223 TIGARD,OR 97223 ?3134AC-01700 1S134AC-03800 STEWART JAMES G V NORDLUND MARK&JANET V 10719 SW MARY PLACE 10751 SW MARY PLACE 1'IGARD,OR 97223 TIGARD,OR 97223 1S134AC-03900 1S134AC-04000 v HASTINGS WARREN&CAROLYN / DICK GARY R AND DARLENE J 10795 SW MARY PL 10817 SW 111TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-04100 ✓ 1S134AC-04200 V HIGGINS WILLIAM L&SUNKI KRAMER MATTHEW G& 10863 SW 111TH AVE 11068 SW BLACK DIAMOND WAY TIGARD, OR 97224 TIGARD,OR 97223 1S134AC-04300 / 1S134AC-04400 ../ NELSON SCOTT R V HOWER KEN H&KRIS M 11036 SW BLACK DIAMOND WAY 10980 SW BLACK DIAMOND WAY TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-04500 ,/ 1S134AC-04600 V READY TIMOTHY K&KRISTINE L VV BLODGETT GARY D&LARK 10964 SW BLACK DIAMOND WAY 10942 SW BLACK DIAMOND WAY TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-04900 / 1S134AC-05100 NAMDAR FRANK D AND SUMMER D VVV GROSS STEPHEN M AND CORINNE E 10917 SW 109TH AVE 10943 SW GENEVA ST TIGARD,OR 97223 TIGARD,OR 97223 / 1S134AC-05200 ✓ 1S134AC-05300 ROSETTE DAVID T&JILL R DUNNING KRIS L&KATHLEEN E 10965 SW GENEVA ST 10954 SW GENEVA ST TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-05400 ✓ 1S134AC-06700 WISE R KELLYE&BETTE HARTS LANDING OWNERS OF LOTS 5- 10932 SW GENEVA ST 1672 WILLAMETE FALLS DR TIGARD,OR 97223 WEST LINN,OR 97068 1S134AC-06800 1S134AC-06900 OPATRNY FRANK J JR&JENNIFER R ALWAY BARBARA L 10987 SW GENEVA ST 11011 SW GENEVA ST TIGARD,OR 97223 TIGARD,OR 97223 / 1 S 134AC-07000 ✓ 1 S 134AC-07100 PIERCE ROBERT E&KRISTINE A O'BRIEN TIMOTHY J&JENNIFER A 11049 SW GENEVA STREET 10914 SW 111TH AVE TIGARD,OR 97223 TIGARD,OR 97223 V 13134DB-05700 1S134DB-05800 CHAN ALLEN& , % YUSEM GUSTAVO JAIME& 11048 SW 111TH PL V 11020 SW 111TH PLACE 'TIGARD, OR 97223 TIGARD, OR 97223 J 1S134DB-05900 1S134DB-06000 CHRISTIAN K GENE&MICHELE K ✓ HANSON FRED R&VICKI L 11009 SW 110TH PLACE 11027 SW 110TH PLACE TIGARD, OR 97223 TIGARD,OR 97223 A, - ". AFFIDAVIT OF MAILING CR.YOFTIOARD Community(Development Shaping if Better Community • • STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Creak Appropriate Box(a)Bebw} E3 NOTICE OF PENDING LAND USE APPLICATION FOR:1 HOP 98-0140/KATRINA L MARTIN. LMT__ AMENDED NOTICE (File No(Name Reference) El City of Tigard Planning Director NOTICE OF DECISION FOR:. AMENDED NOTICE (File No(Name Reference) I City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: i/ ❑ AMENDED NOTICE (File No(Name Reference) (Dale of Public Heanng) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 1 NOTICE OF FINAL ORDER NO. FOR:.. L_ E AMENDED NOTICE (File No/Name Reference) (Date of Public Heanng) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission C Tigard City Council NOTICE OF: (Type:K.nd of Notice) FOR: . I (File No/Name Reference) (Dale of Public Heanng,if applicable A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE'S) of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", on the 5th day of lanuary,1999, and deposited in the United States Mail on the 5111 day of lanuary, 1999, postage prepaid. -le 7P.k. '7271(,/ (Pe sin that'repared Not e) Subscribed and sworn/affirmed before me on the 42 day of . `!— I / )9i/Z. OFFICIAL SEAL ilni , /�//��}",rte, N � = I / vC 5.� .r DIANE M JELDERKS LI OF EG r NOTARY PUBLIC-OREGON �� COMMISSION NO.046142 1999 My Commission Eimires: /0r, MY COMMISSION EXPIRES SEPTEMBER 07, NOTICE TO MORTGAGEE, LIENF,__DER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION HOME OCCUPATION PERMIT CITY OF TIGARD Community Deveropment Shaping A Better Community I 500' PROPERTY OWNER NOTIFICATION DATE OF NOTICE: January 5, 1999 FILE #/NAME: HOP 98-0140/Katrina L. Martin, LMT PROPOSAL: This request is for Home Occupation approval to allow a licensed massage therapist business at the home. The business would entail 2-4 clients per day to come to the home for therapeutic massage services between the hours of 10:00 a.m. and 7:00 p.m. on weekdays. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. LOCATION: 11105 SW Cottonwood Lane (WCTM 1S134AC, Tax Lot 02631) Tigard, OR 97223. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON TUESDAY. JANUARY 19. 1999. All comments should be directed to Julia Powell Hajduk, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Planning Commission must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. "THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. • The decision may be appealed within ten (10) days of the date of decision. Applications for Appeal can be obtained at Tigard City Hall from the Community Development Department or Planning Division, City of Tigard, Oregon. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." Mk, *AtelPwarii ) VICINITY MAP .r. • HOP 98-0140 ' 1 DBA: '211 iIrt) Katrina L. Martin, LMT A Is - • •I',"Ampoi . I iii 111114�s � � ■ LN AMIE _ — ■MO Al" 200 VD 000 - E 1,_1. NEC s� .. a • illilli _ i:\curpin\setup\hop98140.mst —.,�.. �— �--I L___ CITY ofMTIGARD A ( O, Imo- GE o0 Nn V�.(; STEM G_w1O V SQ�� AREA NOTIFIED 1S134ACO2601 HOP 98-0140 pp 0 la ill ., • Oil/� 1S134AC0 262 3 1S134AC 03700 . /Il34Aco2o2s 1U S134ACO2624 Ill 0 6 %134ACO2618 S134AC0 6700 --15134AC032 00 co.M OND • 4QQ BLACK 1S134ACO2610134ACO2619 ;1134ACO2626 1S134AC0cn �VV 111 15134ACO2627 1 4AC04200 0 �'" CO2658 1S134A CO2 655 1S134AC04100 1S134AC0460 1S13� CO2651 1S134ACO2653 S 34ACO2628 1 1S134AC04400 3 646 -1S134ACO2654 1S134AC0680015134AC049 0 1 0 4 le 1S1 CO2 151 CO 645 1 1S134ACO2649 1S134ACO2629 G in 1S134AC06900 S134A 02647 ' 15134ACO2 50 1S134AC07500 1S134AC05200 ill' , COTTO WOOD LN ,, t CO2630----if 1S134AC05100 , 1S134ACO2638 1S134ACO2634` 151'34AC07800 1S134AC05300 EVA - 1S134ACO2637 1S134ACO263315 , i t F 1 1S134AC08000 -II• 1S134ACO2635 1S134ACO2632-=- -�_ 1S134AC05400 _ I 1S134DB05500 n134111305800 15134DB044i1, • • 1S13411B05600 1S134DB06000 151340804 d 0 100 Fast anFast — 115134DB00600 *Nit 1S134DB00400 1S134DB00200 1 . 7,1 1S134DB00500 •:-I 1S134DB00300 )TH City ofgard I - should be verified with the Development Services Division.0 N ORTH ST 13125,SW OR Hall Blvd Tigard,OR 97223 'r ; I —Th (503)639-4171 / blip://WWW.CI.ligard.or us j Community Development Plot date:Jan 5,1999;C:lmagicWIAGICO2APR /46P qff- D/ziO EMI j . '?5134AC-07200 1S134AC-07300 REESE LYLE A&MARCELLA D MORRISSEY DAVID D&BRONWYN D t 10898 SW 111TH AVENUE 10897 SW 111ST AVE . ftGARD,OR 97223 TIGARD,OR 97224 1S134AC-07400 / 1S134AC-07500 MEDER DALE R&KAREN M V WITTKE WALTON L 10921 SW 111TH AVE 10939 SW 111TH AVE TIGARD, OR 97223 TIGARD,OR 97223 J1S134AC-07600 / 1S134AC-07700 THOMSON LINDA M LANDIS SHEILA T&STEVEN P 10967 SW 111TH PL 10995 SW 111TH PLACE TIGARD, OR 97223 TIGARD,OR 97223 / 1 S 134AC-07800 / 1 S 134AC-07900 LANGE MATTHEW S&TERESA G HANCOCK KEVIN S&JENNIFER J 11076 SW GENEVA ST 4 kJ 11044 SW GENEVA TIGARD,OR 97223 ,i i'LA rhin TIGARD,OR 97223 ona4P k \v 1 S 134AC-08000 1 S 34AC-08100 JASON C&LINDSEY J NIE ER 11022 SW GENEVA ST PO BO %• \J TIGARD,OR 97223 PO" ' •ND, • 97207 i / 1S134AC-08200 1S134DB-00200 NIEMEYER J CARNAHAN EDITH PO BOX 661 10985 SW NORTH DAKOTA ST PORTLAND, OR 97207 TIGARD,OR 97223 1 S 134D B-00300 1 S 134D B-00400 CORPORATION OF THE ELLSON WALLACE C 50 E NORTH TEMPLE 22ND FL 11225 SW NORTH DAKOTA SALT LAKE CITY, UT 84150 TIGARD,OR 97223 15134DB-00500 i 1S134DB-00600 KOENIG RONALD M&PEARL D FEHRENBACHER HELEN 11329 SW NORTH DAKOTA 11685 SW NORTH DAKOTA ST TIGARD, OR 97223 TIGARD,OR 97223 1S134DB-04300 / 1S134DB-04400 BRAHM STUART R&SHARON W \' COGAN JOSEPH P&SALLIE S 11085 SW 109TH 11065 SW 109TH TIGARD, OR 97223 TIGARD,OR 97223 1S134DB-05500 V 1S134DB-05600 JEFFERS CAROL L ENYART JOHN FREDERICK& 11013 SW 111TH PL 11057 SW 111TH PL TIGARD,OR 97223 TIGARD,OR 97223 e.,S 134AC-02601 1 S 134AC-02610 TIGARD CITY OF MIETH RICHARD C&BETTY M 13125 SW HALL 11315 SW WILLOW WOOD CT , - TIGARD, OR 97223 TIGARD,OR 97223 / 1 S 134AC-02618 1 S 134AC-02619 V CAMPBELL CAROL 0 PETERMEYER RAYMOND H& 11235 SW WILLOWOOD CT \' 11605 SW HAZELWOOD LOOP TIGARD,OR 97223 TIGARD,OR 97223 vl 1 S 134AC-02620 1 S 134AC-02621 ZWINGLI WALTER SCOTT&SUSAN GR Y/ GILMAN DOUGLAS RAY&LINDA I 11215 SW COTTONWOOD LN 11205 SW BOXWOOD CT TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02622 1S134AC-02623 LINDAY ANGELA G& MEAD GEORGE W JR 11195 SW BOXWOOD CT 5040 SW HILLTOP LANE TIGARD,OR 97223 PORTLAND,OR 97221 1S134AC-02624 1S134AC-02625 MAHONE GARY R&APRIL H ',/ KING-SANCHEZ EVELYN M AND 11175 SW BOXWOOD CT 11165 SW BOXWOOD CT TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-02626 1S134AC-02627 HUSEBY JOHN AND STREIGHT KENNETH L JANET 11155 SW BOXWOOD CT 11145 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02628 1S134AC-02629 MALLETT JAMES A&MARGARET LEVINE EUGENE P&CHRISTINA R 11135 SW COTTONWOOD LANE 5720 TOTH PLACE TIGARD, OR 97223 AGOURA HILLS,CA 91301 1S134AC-02630 1S134AC-02631 GODSEY MICHAEL R AND ANN B RIGGINS STEVEN M&LINDA P 11115 SW COTTONWOOD LANE 11105 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02632 1S134AC-02633 ` AGUON EDWARD J T/BARBARA J ADAMS MICHAELENE 11095 SW COTTONWOOD LANE 4338 GENTRY AVE TIGARD, OR 97223 STUDIO CITY,CA 91604 1 S134AC-02634 1S134AC-02635 (fu/rw 5, TRUNE DENNIS R AND TARA L WOOD WILLIAM G&MICHELLE M 11075 SW COTTONWOOD LN 11065 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 13134AC-02636 1S134AC-02637 V , ROBINSON CHESTER L TR V ROOKS JAMES A&RITA R CO-TRS 11055 SW COTTONWOOD LANE 11045 SW COTTONWOOD LN . TIGARD,OR 97223 TIGARD, OR 97223 / 1S134AC-02638 1S134AC-02645 \./ BREWER PATRICK A&LINDA E V KONSTEN ARMIN&HUBERTINA 11035 SW COTTONWOOD LN 11030 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02646 / 1S134AC-02647 SWEARINGEN LARRY V KITCHENS JEREMY TROY& 11040 SW COTTONWOOD LN 11050 SW COTTONWOOD LN TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-02648 1S134AC-02649 BONACKER GERALD N JEAN E HUNT TODD B/MELISSA J 11060 SW COTTONWOOD LN 11070 SW COTTONWOOD LANE TIGARD, OR 97223 TIGARD,OR 97223 / 1S134AC-02650 1S134AC-02651 Y HAYNES KENNETH R&KELLY D SCHOPPE ALLENE BONNIE 11080 SW COTTONWOOD LANE 1110 SW COTTONWOOD LN TIGARD,OR 97223 PORTLAND,OR 97223 1S134AC-02652 1S134AC-02653 V HUNTER JOHN R BETTY Q WESCOTT PAUL R AND JOYCE E 11150 SW COTTON WOOD LN 15433 SE WEBSTER RD TIGARD, OR 97223 MILWAUKIE,OR 97267 1S134AC-02654 1S134AC-02655 HENNINGSEN CHRISTOPHER R YOUNT PHILIP R&DONNA MAE H 16916 NW BERNIETTA CT 11222 SW COTTONWOOD LN PORTLAND,OR 97229 TiGARD,OR 97223 1S134AC-02656 1S134AC-02657 \ MULLEN PATRICK M&PATRICIA KARRIGAN ERIN C 10),(5. 6990 SW HEATH PL 1958 NW IRVING#27 BEAVERTON,OR 97008 PORTLAND,OR 97209 /1S134AC-02658 1S134AC-03200 DEAN BRADLEY L JR&TONI A JOHNSON DALE L&TERESA 11330 SW COTTONWOOD LANE 11001 SW BLACK DIAMOND WAY TIGARD, OR 97223 TIGARD,OR 97223 1i 1S 134AC-03300 ,/ 1 S 134AC-03400 GIBBS WILLIAM R&KATHRYN A v ROBERTS OFELIA P 11049 SW BLACK DIAMOND WAY 11083 SW BLACK DIAMOND WAY TIGARD,OR 97223 TIGARD,OR 97223 ,l/ 3134AC-03700 1S134AC-03800 S1 EWART JAMES G NORDLUND MARK&JANET V 10719 SW MARY PLACE 10751 SW MARY PLACE . 'TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-03900 1S134AC-04000 HASTINGS WARREN&CAROLYN / DICK GARY R AND DARLENE J 10795 SW MARY PL 10817 SW 111TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-04100 1S134AC-04200 HIGGINS WILLIAM L&SUNKI KRAMER MATTHEW G& 10863 SW 111TH AVE 11068 SW BLACK DIAMOND WAY TIGARD, OR 97224 TIGARD,OR 97223 1S134AC-04300 � 1S134AC-04400 NELSON SCOTT R HOWER KEN H&KRIS M 11036 SW BLACK DIAMOND WAY 10980 SW BLACK DIAMOND WAY TIGARD, OR 97223 TIGARD,OR 97223 1 S 134AC-04500 1 S 134AC-04600 READY TIMOTHY K&KRISTINE L BLODGETT GARY D&LARK 10964 SW BLACK DIAMOND WAY 10942 SW BLACK DIAMOND WAY TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-04900 1S134AC-05100 NAMDAR FRANK D AND SUMMER D GROSS STEPHEN M AND CORINNE E 10917 SW 109TH AVE 10943 SW GENEVA ST TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-05200 1S134AC-05300 1 ROSETTE DAVID T&JILL R DUNNING KRIS L&KATHLEEN E 10965 SW GENEVA ST 10954 SW GENEVA ST TIGARD, OR 97223 TIGARD,OR 97223 1S134AC-05400 1S134AC-06700 WISE R KELLYE&BETTE HARTS LANDING OWNERS OF LOTS 5- 10932 SW GENEVA ST 1672 WILLAMETE FALLS DR TIGARD, OR 97223 WEST LINN,OR 97068 1S134AC-06800 ✓ 1S134AC-06900 OPATRNY FRANK J JR&JENNIFER R ALWAY BARBARA L 10987 SW GENEVA ST 11011 SW GENEVA ST TIGARD,OR 97223 TIGARD,OR 97223 1S134AC-07000 V 1S134AC-07100 / PIERCE ROBERT E&KRISTINE A O'BRIEN TIMOTHY J&JENNIFER A 11049 SW GENEVA STREET 10914 SW 111TH AVE TIGARD, OR 97223 TIGARD,OR 97223 8134DB-05700 1S134DB-05800 C.;-LAN ALLEN& YUSEM GUSTAVO JAIME& 11048 SW 111TH PL 11020 SW 111TH PLACE - 415GARD, OR 97223 TIGARD,OR 97223 1S134DB-05900 1S134DB-06000 CHRISTIAN K GENE&MICHELE K HANSON FRED R&VICKI L 11009 SW 110TH PLACE 11027 SW 110TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 Patty Lunsford - Home Occupation notice Page 1 From: Julia Hajduk To: Patty Lunsford Date: Mon, Dec 28, 1998 5:32 PM Subject: Home Occupation notice Go ahead and get the notice ready to send out, but do not send until I give further notice. The applicant has decided to have her title company prepare a 500 foot notice list and this may change the people noticed. I will inform you when it is good to go. Thanks! Hope you had Happy Holidays!!! Julia Hajduk Associate Planner (503)639-4171 x 407 " julia @ci.tigard.or.us www.ci.tigard.or.us POI eik)))/ V`� APPLICANT MATERIALS HOME OCCUPATION ' �pSi'pjll,' TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: DATE OF PRE-APP.: Property Address/Location: \t OS aW Cjcrr t 1 ()L.__ 97 a�l FOR STAFF USE ONLY Tax Map &Tax Lot#: 1 1 1--1 3 � � M Case No.(s): ' /JN n 9,-0/4/0 Other Case No.(s): '4////9" Site Size: Receipt No.: 2 -3-/ Property Owner/Deed Holder(s)*: �v� :,r���� ,z� kAnt, ,� Application Accepted By �- °u Date: Address: \\\o5 SW (rkltov\wrx Lv.• Phone(50315 \-`1�a� City: Ti 4..cct Zip: cZ-i"4:3-5 Applicant*: Date Determin d TgBe Complete: Address: Phone: Comp Plan/Zone Designation: City: Zip: K_ y , Sn Business Name: :cx-- L. fl ,r\. l—rAT CIT Area: VV * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession Business Tax Paid? s-Yes ❑ No with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the Rev.11/26/98 is\curpin\masters\hop2.doc back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request approval of a REQUIRED SUBMITTAL ELEMENTS Home Occupation Permit to allow (please be specific): � �t nr_iMr chin c Y> 0 l' lrru_sr� tC�h���c�c;+� V Application Elements Submitted: C Gd !i?ftlSla lesc6 tc m .4je .11- Application Form ckiex‘-!-, ors` Sr 0 Owner's Signature/Written Authorization L. 86-Nis Ine�u u;. 1�.. hrL�:s c• 0 Title Transfer Instrument or Deed C -2 Y, El Site/Plot Plan (#of copies based on pre-app check list) SPECIFICATIONS Specify whether you are using a detached building on your property .. Site/Plot Plan (reduced 8'/,"x 11") and give dimensions: t �( c{ IU la Applicant's Statement l LOX uSr [:. `Dear- ■nS:c1z no.+5e_SCac ►ry S Filing Fee $255.00 1 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this IIS day of DC( 2{ , 19 l Ownbr's Signature Owner's Signature 4111141/All Owner's Signature Owner's Signature TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: 2 TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: [CITY OF TIGARD H.O.P.TYPE II QUESTION PAGE] 1. Will you have any paid employees or subcontractors working in the home in conjunction with the business who are not residents of the home? No I I Yes (If yes, please explain): 2. Will you have customers/clients coming to your residence? No ®.Yes (If yes, how many per day?): wJO k-o 4 cot.,(--- 3. Will you have deliveries or pickups made of products or supplies to your residence? No n Yes (If yes, how many &what type?): 4. What will your hours and days of operation be? \Oo-w6 - iprn 'rn0(60 l - 5. Will the business generate any noise which can be heard outside of the structure? M No Yes (If yes, please explain): 6. How many square feet is your residence and how many square feet will be devoted to the operation of your business, including storage areas? \CX) tsi (or buS;ncss a3CX' 7. Will you have any signs or advertising visible from the exterior of the premises? n No I,Yes (If yes, please explain):Oc S•c Qi� x \ On 'k cc�e C\00( C�:fect4, C .z er,t cc,fv-,AA EA^c- 5,dz Nye- Irut•., A-C. b,AX-k-- trtiwu R-- 8. Please show the floor layout of your house and the area to be used for your home occupation on the graph paper on the back of this page. Please designate those areas which shall be utilized as follows: A. entirely for the home occupation; and B. partially for the home occupation. Please designate the approximate dimensions of the rooms(s)to be used for the home occupation. 3 1pc c..k To1/41--A, G\;tom tb —1 -> " \A-1.1F)„,,_ s„,\)/ ....__ ____ .=.0.4. — 7571*---b: c Orr 1 l ' ■04sArixy4A . si 1o►ux,\r; , ,,,, _ , , , 4 ' At i stuyzAy krt.w..? " ks , , s, j I� w,\\ r 'Q - dote ;4," t,__ (sc•l;-1.-er.try ‘444,- oCe ktr S t'n PpSil'1o/'1 ^ _ `VetOeel 1�" -c400r- NOTICE TO MORTGAGEE, LIE' 1LDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRta THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE i-OMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION OCCUPATION PERMIT CIu TIGARD OF TIG Community DeARDent Shaping Better Communal' 500' PROPERTY OWNER NOTIFICATION DATE OF NOTICE: January 5, 1999 FILE #/NAME: HOP 98-0140/Katrina L. Marti n, LMT PROPOSAL: This request is for Home Occupation approval to allow a licensed massage therapist business at the home. The business would entail 2-4 clients per day to come to the home for therapeutic massage services between the hours of 10:00 a.m. and 7:00 p.m. on weekdays. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. LOCATION: 11105 SW Cottonwood Lane (WCTM 1 S134AC, Tax Lot 02631) Tigard, OR 97223. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON TUESDAY, JANUARY 19, 1999. All comments should be directed to Julia Powell Hajduk. Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Planning Commission must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. { ' AFTER THE 14 DAY COMMENT PERIuD CLOSES, THE DIRECTOR SHALL ISSUE , TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. • The decision may be appealed within ten (10) days of the date of decision. Applications for Appeal can be obtained at Tigard City Hall from the Community Development Department or Planning Division, City of Tigard, Oregon. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." \ / it '�`=:�', ` VICINITY MAP \ \( i l \ ii I 4 - �..-4, �' HOP 48-0140 ... \ DBA: s '� I Katrina L Martin, LMT ---_-___L-- ''''-) 4161:, .._,,I:LI-1- ■W ;i?.Tli :1.11 —C•TT• OOD LN �'t,. , , S TBJEC .L , r11 IIIllllllll♦ _-�__ N er HVPL I II II ;� ,, — ,, J A bT 11 �_- cry of Tigard ,:,-", _ 'Hi< ___■ ■ _ l • MI N r------7---==.77.7..E.F.:=.= "- i:\curpin\setup\hop98140.mst AFTER RECORDING RETURN TO Edward Martin III ! '' Katrina Martin 11105 SW Cottonwood Lane Tigard, Oregon 97223 Until a change is requested all tax statements shall be sent to the following address: same as above Escrow No: 3200-20655MM Order No: 193866 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) STEVEN M. RIGGINS and LINDA P. RIGGINS, as tenants by the entirety Grantor, conveys and warrants to EDWARD MARTIN III AND KATRINA L. MARTIN, HUSBAND AND WIFE Grantee, the following described real property free of encumbrances except as specifically set forth herein: Lot 188, ENGLEWOOD III, in the City of Tigard, County of Washington and State of Oregon 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. ENCUMBRANCES: 1 . The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) The true consideration for this conveyance is $195, 000.00 Date', November 2 , 1998 ; if a corporate grantor, it has cau- -d i s/'t1 to be signed by ord.-1 .f it bo. : of directors. _ i _�� / Steven W . Riggins• Li••a • .Ri•gins r�Iir STATE OF OREGON, County of Washington ) ss. This instrument was acknowledged before me on November 24, 19 98 by Steven M. Riggins and Linda P. Riggins This instrument was acknowledged before me on , 19 by as of / rl rn CIX`� (a f:�•• OFFICIAL SEAL Notary Public f�r Oregon 2,":”...... = M McDOUGALL My commission expires: � r `7 NOTARY PUBLIC-OREGON %∎∎/ COMMISSION NO.053320 MY COMMISSION EXPIRES JULY 15.2000 Encumbrances, continued 2. Easements as dedicated or delineated on the recorded plat . For: Utilities Affects : 5 feet along all lot lines 3 . Covenants, conditions, restrictions and easements, but omitting restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, including the terms and provisions thereof. Recorded: December 22, 1976 Book: 1133 Page: 607 ADDITIONAL DOCUMENTS NOTICE TO MORTGAGEE, LIENI .DER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION HOME OCCUPATION PERMIT CITY OF TIGARD Community Deve(opment Shaping Better Community 500' PROPERTY OWNER NOTIFICATION DATE OF NOTICE: January 5, 1999 FILE #/NAME: HOP 98-0140/Katrina L. Martin, LMT PROPOSAL: This request is for Home Occupation approval to allow a licensed massage therapist business at the home. The business would entail 2-4 clients per day to come to the home for therapeutic massage services between the hours of 10:00 a.m. and 7:00 p.m. on weekdays. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. LOCATION: 11105 SW Cottonwood Lane (WCTM 1 S134AC, Tax Lot 02631) Tigard, OR 97223. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON TUESDAY. JANUARY 19. 1999. All comments should be directed to Julia Powell Hajduk, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Planning Commission must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. ♦ The decision may be appealed within ten (10) days of the date of decision. Applications for Appeal can be obtained at Tigard City Hall from the Community Development Department or Planning Division, City of Tigard, Oregon. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." .,11`14p vir. VICINITY MAP .. •,,'"••••4 ••• HOP 98-0140 DBA: • Katrina L. Martin, LMT '0,411,411 ilhailsola law Wifirr Mita ttZ NI IN SUBJEC••%i �... '■•em�, 'SITE - -14 ! ■ - A . u rh*O. 140W-- Tq gi - 11 L-� cMarrlw is\curpin\setup\hop98140.mst '