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HOP2006-00093
NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00093 '' FITZGERALD HOME OCCUPATION DBA: SKIN RITUALS DAY SPA TI GARD 120 DAYS = 2/7/2006 SECTION I. APPLICATION SUMMARY FILE NAME: _ FITZGERALD HOME OCCUPATION H FILE NO.: Home Occupation Permit(HOP) Type II HOP2006-00093 APPLICANT: Christine Fitzgerald OWNER Christine and Robert 10835 SW Tigard Street Fitzgerald Tigard,OR 97223 Same as applicant PROPOSAL: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. The applicant/owner and another part-time esthetician will be working in the home occupation. ZONING DESIGNATION: R-4.5: Low Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. 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. HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 1 OF 5 • CONDITIONS OF APPROVAL THE APPLICANT IS HEREBY NOTIFIED OF THE CONDITIONS BELOW. STAFF CONTACT SHALL BE EMILY ENG IN THE CURRENT PLANNING DIVISION AT (503) 718-2712. 1. The home occupation shall comply with all home occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742. 2. The applicant/owner shall direct the employee or any customers who visit the site to park in the driveway and not utilize on street parking. Customers shall not generate excessive traffic or monopolize on-street parking. 3. The home occupation is allowed not more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 PM and 8:00 AM. Should the number of clients exceed the limit of six per day,this approval is void. 4. The applicant shall not receive more than 3 deliveries per week related to the home occupation. 5. The applicant is allowed 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. Any other type of sign shall comply with Chapter 18.780 (Signs), specifically but not limited to 18.780.060 (Permit Exemptions) and 18.780.130A(Signs in R7,R4.5,R3.5,R2 and R-1 zones). SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. No public comments have been received. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study that addresses the impacts to the public systems. Because additional development or construction is not proposed or necessary to accommodate the use, there will be few impacts attributed to the Home Occupation. The nature of the business (day spa) is not expected to contribute additional sewage, require significant additional water supply, increase storm drainage, require additional utility service or add demand-to the park system. The business will not generate noise beyond what is typical for a single family residence because it requires a quiet atmosphere. The transportation system will expenence an additional 8 trips (to 12 trips maximum) per day as a result of the business,which is not a significant increase in traffic for a local street. 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: HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 2 OF 5 Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by one of the property owners,who are the principal occupants of the property. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has not indicated how many deliveries she expects per week related to the business. The applicant shall be conditioned to not receive more than 3 deliveries per week related to the home occupation. 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 TDC Chapter 18.725,Environmental Performance Standards; The proposed day spa is quiet in nature and does not require equipment or involve activity that would generate offensive noise,vibration,smoke, dust, odors, etc. Therefore,the home occupation is not expected to violate the provisions of Chapter 18.725,Environmental Performance Standards. 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 matenals and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; Twenty-five percent of the 3,200 square foot residence is approximately 800 square feet. The home occupation is not to exceed 528 square feet. The applicant has proposed to use a 300 square foot loft space, making up 9% of the residence. The home occupation does not exceed 25% of the entire home and does not exceed 528 square feet. Therefore,this criterion is met. 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. This criterion is not applicable. 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. One other home occupation permit had been issued for this site,HOP92-00161 for a landscaping business. However, this home occupation no longer exists. Therefore,the floor space of'the business activities does not exceed 25% of the residence. 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 proposed or is necessary for the proposed use, therefore,this criterion has been satisfied. HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 3 OF 5 No home occupation shall require any on or off-street parking other than that normally required for a residence; The site plan and an aerial photo show a driveway area that can accommodate up to 4 cars at one time. At full capacity, the applicant expects to have up to 4 cars in the driveway in one day. The applicant expects there will be two cars at one time for a period of 1.5 to 2 hours. Therefore, the home occupation w not require any on or off-street parking other than what would normally be required for a residence. This criterion has been satisfied. The following uses are not allowed as home occupations: a Auto-body repair and painting. b On oing mechanical repair conducted outside of an entirely enclosed building. c Junk and salvage operations. Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses; therefore, this criterion is not applicable. 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; There will be no storage of vehicles other than the applicant's personal vehicle. Therefore,this criterion does not apply. 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. Items (b) through (d) have been discussed elsewhere in this decision. Concerning signs, the applicant has indicated she will be using a small sign on the front of the house or a tent sign pointing to the walkway which will lead to the spa. The applicant is hereby notified that any sign shall comply with pter 18.780 (Signs), specifically but not limited to 18.780.060 (Permit Exemptions) and 18.780.130.A(Signs in R-7, R 4.5, R-3.5, R-2 and R-1 zones). SECTION V. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Building Division has reviewed the proposal and has no objections to it. SECTION VI. AGENCY COMMENTS Staff did not request comments from non-city agencies. HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 4 OF 5 SECFION VII. PROCEDURE AND APPEAL INFORMATION 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 NOVEMBER 3,2006 AND EFFECTIVE ON NOVEMBER 21,2006 UNLESS AN APPEAL IS FILED. 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. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 20,2006. Questions: If you have any questions,please call the City of Tigard Current Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. November 3,2006 •afx •yEn DATE Assistant Planner -G-. November 3,2006 APPROVED BY: Richard H. wersdorff DATE Planning Manager HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 5 OF 5 I I \ /, / I I I L I CITY of TIGARD C\/ GEOGRAPHIC INFORMATION SYSTEM•o VICINITY MAP o Cr) t �NNORTH DAKOTA w 1 HOP2006-00093 ST NORTH DAK( Q Q � SKIN RITUALS -� • DAY SPA 0 N / �V ' r 07 SW TORLANDST. = Y a, 0 Z LU 1 . CL Y �y di FE I'�,r o TIGARD v STF� �� ' TIGARD ST Me \ - Tigard Area Map 4J' • e, P N 0 100 200 300 400 Feel -01 ■ 1'=308 feet.. J111 ://, . • . 311 TIGARD S /III . Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd \ Tigard,OR 97223 MEADOV (503)639-4171 /- - / /--I-----IT— http:fAwvw.ni.ligard.or.us Community Development Plot date:Oct 12,2006;C:\magic\MAGIC03.APR 1!!r"'7"- '.rw... �t.• 7! :✓:: "•x r`: :0.. .3.: ;:'J7: :;,tr?13t :1F., .i I:r• :T f ,I•.. 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[ w••J1}"Address: ; v, , D9 te.. ii/D._/.1i29°6 REQUEST FOR COMMENTS REQUEST FOR COMMENTS V • DATE: October 13,2006 (� n T I GARD RECEIVED Mark Vandomelen,Residential Plans Examiner ' C E I V E V 13 FROM: City of Tigard Planning Division 0 C STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Emily@tigard-or.gov HOME OCCUPATION PERMIT TYPE II (HOP) 2006-00093 > SKIN RITUALS DAY SPA< REQUEST: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m, Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. Two estheticians,including the applicant/owner,will be working in the home occupation. LOCATION: 10835 SW Tigard Street; Washington County Tax Map 1S134DD, Tax Lot 501. ZONE: R-4.5: Low Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 27, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: 41/.1 RE QUE ST FOR COMMENTS DATE: October 13,2006 T I G A R D TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Emily@tigard-or.gov HOME OCCUPATION PERMIT TYPE II (HOP) 2006-00093 > SKIN RITUALS DAY SPA< REQUEST: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. Two estheticians,including the applicant/owner,will be working in the home occupation. LOCATION: 10835 SW Tigard Street; Washington County Tax Map 1S134DD, Tax Lot 501. ZONE: R-4.5: Low Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 27, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PL ASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. P P objections _ Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below Name&Number of Person Commenting: 3 .v„IcAc 60.-m.--.A540 } RE QUE ST FOR COMME NTS 11111 DATE: October 13,2006 T I GARD TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Emi1yatigard-or.gov HOME OCCUPATION PERMIT TYPE II (HOP) 2006-00093 ➢ SKIN RITUALS DAY SPA< REQUEST: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. Two estheticians,including the applicant/owner,will be working in the home occupation. LOCATION: 10835 SW Tigard Street; Washington County Tax Map 1S134DD, Tax Lot 501. ZONE: R-4.5: Low-Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 27, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: 'Y OF TIGARD REQUEST FOE )MMENTS 11 ll NOTIFICAI.-A LIST FOR LAND USE & COMMUNITY DEVt-1 APMENT APPLICATIONS• FILE NOS.: TTD t� ) cc. Co UC�C> �i 3 FILE NAME., ��Ik,�� �J`-ky 5v-mac., CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: KCentral ❑East ❑South ❑West CITY OFFICES LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer R BUILDING DIVISION//Mark(residential)Brian(commercial) _ENGINEERING DEPT./Kim McMillan,Dvlpmnt Review Engineer _PUBLIC WORKS/Matt Stine,Urban Forester ---.>CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION(+11 sets) PLANNER–POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARING! _HEARINGS OFFICER(+2 sets) SPECIAL DISTRICTS — TUAL.HILLS PARK&REC.DIST.*— TUALATIN VALLEY FIRE&RESCUE • _ TUALATIN VALLEY WATER DISTRICT ♦ — CLEANWATER SERVICES• Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Fort Required) — Steven Sparks,oev Svcs Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE — CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Bob Knight,Data Resource Center(Z A) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Naps a CWS Letter Only) _ Mel Huie,Greenspaces Coordinator m Only)(CPA/ZOA) Larry French(cop Plan Amendem. ly) Routing CENWP-OP-G —CITY OF KING CITY* _ Jennifer Budhabhatti,Regona Piarnner(Wet•ndsl 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY* _ OR.DEPT.OF ENERGY(Powennes n Areal _OR.DEPT OF AVIATION(Monopots row.* Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(Genera ps Aa ) Lake Oswego,OR 97034 _Gregg Leion(cPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 #f _Brent Curtis(cPA) _CITY OF PORTLAND INotifyfor WeaasdS and Potential Environmental Impacts) _Grant Robinson,Development Review Coordinator _Dona Mateja lcai MS 14 Planning Bureau Director Regional Administrator _Cad Tolland, Right-of-Way Section(vacatom) _Sr.Cartographer tce,ac.,tris,. 1900 SW 4`"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,SurveyoracAtuS n5 Portland,OR 97201 Portland,OR 97 20 1-4987 Portland,OR 97209-4037 —WACO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION —STATE HISTORIC Dave Austin(WCCCA)"911-Non000..ro..ss■ Sam Hunaidi,Assistant Disinct Manager (Notify if 000T R/R-Hwy Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr crossng safety specat*t (Notify if Property Has HO Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe RR Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. —TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus tie.rw,i„A,e.co„u t If Protect A Within Y.Mae of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 —TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady.Administrative Offices Jan Youngquist,Demographics Alex Silantiev ,se.prapru,Amacnoraa, Diana Carpenter IAppeEaila.WOvOet 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h\patty\masters\Request For Comments Notification List.doc (UPDATED 23-May-06) MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING Er' I, Patricia L. Lunsford, being first duly sworn/affirm,on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County,Oregon and that I served the following: rt Bo )&bw) © NOTICE OF DECISION FOR HOP2006-00093/FITZGERALD,CHRISTINE DBA:SKIN RITUALS DAY SPA (File No/Name Reference) ❑ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on November 3,2006,and deposited in the United States Mail on November 3,2006,postage prepaid. 2"/j16/• x (Pelson that P •.ared Notice) / STATE OF OREGON County of Washington ss. City of Tigard s/—Subscribed and sworn/affirmed before me on the 3 I day of J tea-- ,2004. j�� OFFICIAL SEAL J ��,, DIANE M JELDERKS t} 1) lt. NOTARY PUBLIC-OREGON 1 "' COMMISSION N0.373021 MY COMMISSION EXPIRES SfEPT 21,2007 I0� NOTARY PUBLI `i OREGON My Commission Expires: • EXHIBIT-.A NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00093 FITZGERALD HOME OCCUPATION DBA: SKIN RITUALS DAY SPA 120 DAYS = 2/7/2006 SECTION I. APPLICATION SUMMARY FILE NAME: FITZGERALD HOME OCCUPATION FILE NO.: Home Occupation Permit(HOP) Type II HOP2006-00093 APPLICANT: Christine Fitzgerald OWNER: Christine and Robert Fitzgerald 10835 SW Tigard Street Same as applicant Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. The applicant/owner and another part-time esthetician will be working in the home occupation. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. 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. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice 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 NOVEMBER 3, 2006 AND BECOMES EFFECTIVE ON NOVEMBER 21, 2006 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision 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. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues.properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 20, 2006. Questions: For further information please contact the Planning Division Staff Planner, Emily Eng,Assistant Planner(x2712) at 503-639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by email to E milya tigard-or.gov. I .. IN ��� VICINITY MAP I ,' HOP204)6-00093--- ---' no 'MOM En its DAK• ��� w NOR H �• t : 1 —1 _ • _____„ +, SINN RITUALS ■A► I d= DAY SPA lin Lir r =cid MN - "WOW ;SITE . __ii . 0 1 ; wino TIGARD T 1 • TIGAF20 _�UM _, , .TIGARD • � _ nrty..:Bbpnont 691e.• ii67magnMA I o A:. EXHIBITO 1 S134DC-09900 1 S134DC-10300 ADAMSKI CURTIS R BOWKER LEANNE MARIE 4109 FIR ST 11496 SW CORNELL PL VANCOUVER,WA 98660 TIGARD,OR 97223 1S13400-02200 1 S 134 D B-03800 AL= ANDER F' 'D F&CATHERINE M BRAUN LIVING TRUST TRUS BY BRAUN WILLIAM H JR&ANNE E TRS 21820 •Iv LWERT RD 10920 SW NORTH DAKOTA ST "ERWOOD, •R 97140 TIGARD,OR 97223 1 S134DD-02300 1 S134DA-04800 ALEXANDER FERD F AND BRIGGS JOSEPH R&MICHELLE L CATHERINE M TRUSTEES 11385 SW 108TH AVE 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 1513400-02000 1 S 134 D B-03600 ALEXANDER FERD W& NATALIE S BROWER RONALD RAY 11423 SW 107TH PL BROWER HELEN C TIGARD,OR 97223 BROWER ROGER E 10940 SW NORTH DAKOTA TIGARD,OR 97223 1 S134DA-02500 1 S134DC-09600 ANDERSON JAMES E &VALERIE L BRYANT DONNA J&ROSS A 10750 SW DAKOTA ST 11545 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1 S 134DC-09700 1 S134DD-00400 BENASSU DEBORAH T BURGHARDT JOSEPH W 11523 SW CORNELL PL DOLORES J TIGARD, OR 97223 10805 SW TIGARD AVE TIGARD,OR 97223 1 S 134DC-10600 1 S 134DD-00502 BERNARD KYLE L& LISA B BURGHARDT THOMAS&AMY 11556 SW CORNELL PL 10823 SW TIGARD ST TIGARD, OR 97223 TIGARD,OR 97223 1 S134DD-00700 1S134DC-10500 BERNHARD SCOTT M COBURN KELLY E&TERRIA L 10895 SW TIGARD ST 11534 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1S13400-02100 1 S 134 DA-10900 BLANCHARD DAVID&MARY COOK KENNETH RALPH&RENEE R 11445 SW 107TH PL 10710 SW NORTH DAKOTA TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 DA-06500 1 S 134 DA-04400 BOBERG RICHARD CRAVEN RICHARD E& MARY N 12480 SW FIRST 9170 SW ELROSE CT BEAVERTON, OR 97005 TIGARD,OR 97224 1S134DA-02000 1S134DC-09400 DODGE JEANETTE JONES CHARLES B JR/CATHYANN 10900 SW NORTH DAKOTA 11536 SW TWIN PARK PL TIGARD, OR 97223 TIGARD,OR 97223 1 S134DA-04900 1S134DA-04600 DUNNING CHARLES A JR KOEHMSTEDT MATTHEW& PAMELA KAY 11390 SW 108TH 11325 SW 108TH TIGARD, OR 97223 TIGARD,OR 97223 1 S134DA-06600 1 S134DC-09300 EDWARDS DANIEL A& KAREN I LANE DANIEL& 10684 SW NORTH DAKOTA MILLER TANJA& TIGARD,OR 97223 FREDERICKSON ANDREW J/CATHY 11514 SW TWIN PARK PL TIGARD,OR 97223 1 S134DC-09800 1S134DA-10800 EIDSON DONALD L AND MARY H LARSON WAYNE A&YVONNE M 11501 SW CORNELL PL 10730 SW N DAKOTA ST TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 D D-00800 1 S 134 D D-00300 EVANS ROBERT A MAI HAI 10905 SW TIGARD ST 10755 SW TIGARD ST TIGARD,OR 97223 PORTLAND,OR 97223 1 S134DD-00501 1S134DA-02200 FITZGERALD ROBERT A AND NELSON EDGAR D AND CHRISTINE A STEPHANIE J 10835 SW TIGARD AVE 10850 SW NORTH DAKOTA TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 DA-05000 1 S 134 DA-06700 HANAUSKA TERESA M OACE CHRISTINE A 11360 SW 108TH AVE 10660 SW NORTH DAKOTA TIGARD, OR 97223 TIGARD,OR 97223 1 S134DA-05100 1 S134DA-02800 HENEGAR ROBERT S & LINDA J OACE JON R&CHRISTINE A 11330 SW 108TH 10660 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 D D-01900 1 S 134 DC-10200 HULSE CARL V AND O'HARA DAVID A& KAREN D JENNIFER L 11474 SW CORNELL PL 11401 SW 107TH PL TIGARD,OR 97223 TIGARD, OR 97223 1 S 134 DA-04700 1 S 134 DA-03000 HUMES DAVID E& PATECKY KENNETH F POTTS MELISSA J 4014 ROSE ST 11355 SW 108TH AVE VANCOUVER,WA 98660 TIGARD, OR 97223 134 DA-02900 1 S 134 D D-01000 PA CKY ENNETH F TI RD-TU LATIN SCHOOL 4014 EST DIST #23J V COUV ,WA 98660 696 W DBURG ST T ARD,OR 97223 1 S134DC-10000 1 S13408-03400 PHAM MYDUNG T& VENTURE PROPERTIES INC PHAM MY H OAI 4230 GALEWOOD ST STE 100 11463 SW CORNELL PL LAKE OSWEGO, OR 97035 TIGARD, OR 97223 1S134DA-02300 1S134DB-03500 RANDALL DONALD D AND JOANN VENTURE PROPERTIES INC 10800 SW NORTH DAKOTA 4230 GALEWOOD ST STE 100 TIGARD,OR 97223 LAKE OSWEGO, OR 97035 1S134DD-00100 1S134DB-03700 RICHARDS JAMES E&SHARON S VENTURE PROPERTIES INC BY NORRIS&STEVENS 4230 GALEWOOD ST STE 100 621 SW MORRISON ST#800 LAKE OSWEGO,OR 97035 PORTLAND, OR 97205 1 S 134DC-00500 1S134DC-10400 RODRIGUEZ LADONNE WHIFFIN SHARON K 11476 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1S1340C-09500 340C-1 ono SHEELER CHARLES W& KATY L WHITTAKER JEFFREY S&ANITA L 11558 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1S134DA-02400 1S134DA-05200 SOLLARS RONALD L WOODCOCK STEPHEN M&FLORENCE L 10770 SW NORTH DAKOTA 11300 SW 108TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1 S 134DA-04500 SULLIVAN SEAN P &SUSAN S 11295 SW 108TH AVE TIGARD,OR 97223 1S1 34DC-03000 TIGARD-TUALATIN SCHOOL DISTRICT#23J 6960 SW SANDBURG ST TIGARD, OR 97223 1 ,134DD-00900 TIG•-D-T - •TIN SCHOOL DISTR • • 3J 69.: SW SA •BURG ST ARD, OR 97223 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 (ITV AC TIGAAfI _ (I JTRAI 114TPDP(Trn PARTILC ionnTcn• 1 (1� AFFIDAVIT OF MAILING I, Patricia L. Lunsfond, being first duly sworn/affirm,on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County,Oregon and that I served the following: Ched,Appopiae B.40 Beb.¢ © NOTICE OF DECISION FOR HOP2006-00093/FITZGERALD,CHRISTINE DBA:SKIN RITUALS DAY SPA (File NoiNune Re[e+ence) ❑ AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on November 3,2006,and deposited in the United States Mail on November 3,2006,postage prepaid. xtteaci, p (Person pared Notice J STATE OF OREGON County of Washington ss. City of Tigard r Subscribed and sworn/affirmed before me on the 3/s day of r ,200w OFFICIAL SEAL DIANE M JELDERKS IJ NOTARY PUBLIC-OREGON COMMISSION NO 373021 I MY COMMISSION EXPIRES SEPT.25,2007 9 NO ARY PUBLI O' OREGON My Commission Expires: 7/a-317 EXHIBIT A NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00093 '' FITZGERALD HOME OCCUPATION DBA: SKIN RITUALS DAY SPA 120 DAYS = 2/7/2006 SECTION I. APPLICATION SUMMARY FILE NAME: FITZGERALD HOME OCCUPATION FILE NO.: Home Occupation Permit(HOP) Type II HOP2006-00093 APPLICANT: Christine Fitzgerald OWNER: Christine and Robert 10835 SW Tigard Street Fitzgerald Tigard,OR 97223 Same as applicant PROPOSAL: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. The applicant/owner and another part-time esthetician will be working in the home occupation. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby iven 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. HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 1 OF 5 CONDITIONS OF APPROVAL THE APPLICANT IS HEREBY NOTIFIED OF THE CONDITIONS BELOW. STAFF CONTACT SHALL BE EMILY ENG IN THE CURRENT PLANNING DIVISION AT (503) 718-2712. 1. The home occupation shall comply with all home occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742. 2. The applicant/owner shall direct the employee or any customers who visit the site to park in the driveway and not utilize on street parking. Customers shall not generate excessive traffic or monopolize on-street parking. 3. The home occupation is allowed not more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 PM and 8:00 AM. Should the number of clients exceed the limit of six per day,this approval is void. 4. The applicant shall not receive more than 3 deliveries per week related to the home occupation. 5. The applicant is allowed 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. Piny other type of sign shall comply with Chapter 18.780 (Signs), specifically but not limited to 18.780.060 (Permit Exemptions) and 18.780.130.A(Signs in R-7,R 4.5,R-3.5,R 2 and R-1 zones). SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. No public comments have been received. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study that addresses the impacts to the public systems. Because additional development or construction is not proposed or necessary to accommodate the use, there will be few impacts attributed to the Home Occu ation. The nature of the business (day spa) is not expected to contribute additional sewage, require significant additional water supply, increase storm drainage, require additional utility service or add demand-to the park system. The business will not generate noise beyond what is typical for a single family residence because it requires a quiet atmosphere. The transportation system will experience an additional 8 trips (to 12 trips maximum) per day as a result of the business,which is not a significant increase in traffic fora local street. 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: HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 2 OF 5 Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by one of the property owners, who are the principal occupants of the property. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has not indicated how many deliveries she expects per week related to the business. The applicant shall be conditioned to not receive more than 3 deliveries per week related to the home occupation. 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 TDC Chapter 18.725,Environmental Performance Standards; The proposed day spa is quiet in nature and does not require equipment or involve activity that would generate offensive noise, vibration, smoke, dust, odors, etc. Therefore, the home occupation is not expected to violate the provisions of Chapter 18.725,Environmental Performance Standards. 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% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; Twenty-five percent of the 3,200 square foot residence is approximately 800 square feet. The home occupation is not to exceed 528 square feet. The applicant has proposed to use a 300 square foot loft space, making up 9% of the residence. The home occupation does not exceed 25% of the entire home and does not exceed 528 square feet. Therefore,this criterion is met. 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. This criterion is not applicable. 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. One other home occupation permit had been issued for this site, HOP92-00161 for a landscaping business. However, this home occupation no longer exists. Therefore, the floor space of the business activities does not exceed 25% of the residence. 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 proposed or is necessary for the proposed use, therefore,this criterion has been satisfied. HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 3 OF 5 No home occupation shall require any on or off-street parking other than that normally required for a residence; The site plan and an aerial photo show a driveway area that can accommodate up to 4 cars at one time. At full capacity, the applicant expects to have up to 4 cars in the driveway in one day. The applicant expects there will be two cars at one time for a period of 1.5 to 2 hours. Therefore, the home occupation will not require any on or off-street parking other than what would normally be required for a residence. This cnterion has been satisfied. The following uses are not allowed as home occupations: a Auto-body repair and painting. b On oin mechanical repair conducted outside of an entirely enclosed building. c Junk and salvage operations. Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses; therefore, this criterion is not applicable. 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; There will be no storage of vehicles other than the applicant's personal vehicle. Therefore,this criterion does not apply. 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 sie yard setback. Items (b) through (d) have been discussed elsewhere in this decision. Concerning signs, the applicant has indicated she will be using a small sign on the front of the house or a tent sign ointin to the walkway which will lead to the spa. The applicant is hereby notified that any sign shall comply with Chapter 18.780 (Signs), specifically but not limited to 18.780.060 (Permit Exemptions) and 18.780.130.A (Signs in R-7, R 4.5, R.-3.5, R-2 and R-1 zones). SECTION V. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Building Division has reviewed the proposal and has no objections to it. SECTION VI. AGENCY COMMENTS Staff did not request comments from non-city agencies. HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 4 OF 5 • SECTION VII. PROCEDURE AND APPEAL INFORMATION 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 NOVEMBER 3,2006 AND EFFECTIVE ON NOVEMBER 21, 2006 UNLESS AN APPEAL IS FILED. 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. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 20, 2006. Questions: If you have any questions,please call the City of Tigard Current Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. November 3,2006 • j��x 'y Eng DATE Assistant Planner Igo .4-p November 3,2006 APPROVED BY: Richard H. wersdorff DATE Planning Manager HOP2006-00093 FITZGERALD HOME OCCUPATION PAGE 5 OF 5 L___ I 1 i CITY of TIGARD - W GEOGRAPHIC INFORMATION SYSTEM _ I o CO VICINITY MAP _....., no:() ii IN NORTH � 1 H0P2006-00093 u.. � DAK TA a a I ST NORTH DAK� SKIN RITUALS DAY SPA 7 / , \,> -- Wes, SW TORLAND ST. III I t- 0 L Z r x. - \\ I \\ tit" .,,,.,,,,,:-5:14,gfi.'t; :,; ,t i-I;-—::--=c v-- ' i 1-'--7 I,,,137,--- f ,, ..,,;, ....,,_ • ,,.\,_, .,, ,._ ,,, .. x.---4, 4 . , OA, t ■ 7 -?,..>.. _.4.,- \ Ce �y Il \ CO 'BULL.MT RD 1�,"--yj{BONR--•TIGARD ° ST — 4` ' TIGARD BEEF BE___- . / k�,M=�o ' T 31 , II . Tigard -► Eli � � N 0 100 200 300 400 Fee c--C ,-=306 feet lir . III `_J TIGARD Ih . ' Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 MEADOV m3)639-4171 /— I—�— http:Nwww.d.tigard.or.us Community Development Plot date:Oct 12,2006;C:lmagic\MAGIC03.APR .. . . . • � t'SEP 2,•is •�;, s a' 809 1D4t E Sr. k a��y . + aPZE $4 (F r - .� 3,..,.:'::i.-5;•.--";P:',',...F y ) TAX LOT ZPI Y_* -,; �, .i 4 "? sf 1),4=f s:y � :t ' I. :•Fri^' ".';F : t4 y s i :U..• , –/• �{ /7/ �7 'I i 'park /1:460r- c .' 4 ' �EE I 2.s 4 —b + _1 ( r 'd',Of- r, " � y r ' wi r iit.fi ,� t �i' t 3-._ G I Y ._ • rc€ t 3 t. • VI `� I '� ' EXTG.WIRE ' - -•* -sit' e;.;t. i1':#EI . #. ~• ' • y*{ aft 4 a " • =' ?, s ay! °/H•.i? �=;.ui.� • `;T �;.-t I L. - -- ----- • .r�rG'S.?I v[:h"C` '1 I//--ire,I Q' ',�`L / /'v I ' EXI9TQY- ` 1 TAx LoT loo � ua5� I t - I� I '' 'a m ) TA>S LOT!00. rt: y - 1 [TAX LOT 400 ` . 0 _. . ; .• ,-..golio.t •::.•-:::::. • : • . . _. tx.10,,p51-.,,,jy,:g, , g■ -t- um " . -- --;...__ Nom_,_- -- i _61U;`: ., STREET = OQC m O 41,..1 Si 3 D.6 (--47/- - • - .. 5D7- kDDeESS /033 S. W, TI6 5` D LI _ p pi#04./F 6zo �7�i >a . aY ° Q L O• fA D..,'_ tip . > 'o'.>„,i- y a• t,:.•�; ::�? �'� F s' :o pig i + 0.EY4iIGN5 ARE BASED ON N1 AS`Af 1ED r,>+. k iy. r�{ .: EwIBH iL00R ELEVATION CF GARlGE•70020 ' d O p W N 0 �, r.. 1 :,,.X,i>.`,_•• :T-y;..:AFt i0 OT(iELECT ABdvf SEA LEVEL ELEVAT' L <_U LL Cl) 7 � • • • EXH I B ITS .. Christine and Robert Fitzgerald HOP2006-00093 10835 SW Tigard Street SKIN RITUALS DAY SPA Tigard,OR 97223 AFFIDAVIT OF MAILING IMP I,Patricia L. Lunsford,being first duly worn/affirm,on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County,Oregon and that I served the following: {Check Appmp.iae&u(s)Belo.') © NOTICE OF PENDING LAND USE DEQSION FOR HOP2006-00093/SKIN RITUALS DAY SPA ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on October 13,2006,and deposited in the United States Mail on October 13,2006,postage prepaid. )4C e,C9.(Person pan. notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 315 day of ri 0.r ,2000 - DIANE FF M IC WJE.LSD ` � NOTARY PUBLIC F COMMISSION EWAL .M . ) MYCOMMISSION EXPIRES SEPT.25 2007 � / ti / (-"P" NOTARY PUBLIC S VIREGON My Commission Expires: y EXHIBIT... NOTICE TO MORTGAGEE,LIENHOLDER,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 TIGARD DATE OF NOTICE: October 13,2006 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2006-00093 FILE NAME: SKIN RITUALS DAY S PA REQUEST: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. Two estheticians,including the applicant/owner,will be working in the home occupation. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. ZONE: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. 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 OCTOBER 27,2006. All comments should be directed to Emily Eng,Assistant 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 or bye-mail to Emily@tigard-or.gov. 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 THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR NOVEMBER 7, 2006. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI"1"1EN 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 Hearings Officer 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 SUBMI 1'1ED WRI'FIEN 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 FACIS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACIION. 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. 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. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. 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." WMI••iu. III! �TCNITI MAP 0 NORTH DAK• H(.)P�IIIIG-IILNl9 i NOR H AKt Q Q SKIN RITUALS 1111 _ ' :ill DAY SPA 1- l ° r Ill -__.7 1V4t.p i ro,,,,„P ,SITE 1 imm_aa� w 4 o I � I I / TIGARD Ov SST / ~ \ l TIGARD ST ,.,...•", '-1,_1' N q �c ^P . o OD MC o.. .. 111 a TIGARD _ A10111 T.....011 11SI3 rMEADOV 0031....«.1 Conmunrty bevelopment hodate•112 51•, 1mayt\M I 1 A'- • 1S134DC-09900 1S134DC-10300 EXHIBIT 6 , ADAMSKI CURTIS R BOWKER LEANNE MARIE 4109 FIR ST 11496 SW CORNELL PL VANCOUVER,WA 98660 TIGARD,OR 97223 1 S134DD-02200 1S134DB-03800 AL. ANDER F' 'D F&CATHERINE M BRAUN LIVING TRUST TRUS BY BRAUN WILLIAM H JR&ANNE E TRS 2182' .f∎ LWERT RD 10920 SW NORTH DAKOTA ST -'ERWOOD, •R 97140 TIGARD,OR 97223 1 S 134 D D-02300 1 S 134 DA-04800 ALEXANDER FERD F AND BRIGGS JOSEPH R&MICHELLE L CATHERINE M TRUSTEES 11385 SW 108TH AVE 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 1 S 134DD-02000 1S134DB-03600 ALEXANDER FERD W&NATALIE S BROWER RONALD RAY 11423 SW 107TH PL BROWER HELEN C TIGARD,OR 97223 BROWER ROGER E 10940 SW NORTH DAKOTA TIGARD,OR 97223 1 S 134DA-02500 1S134DC-09600 ANDERSON JAMES E&VALERIE L BRYANT DONNA J& ROSS A 10750 SW DAKOTA ST 11545 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 DC-09700 1 S 134 D D-00400 BENASSU DEBORAH T BURGHARDT JOSEPH W 11523 SW CORNELL PL DOLORES J TIGARD, OR 97223 10805 SW TIGARD AVE TIGARD, OR 97223 1 S 134 DC-10600 1 S 134 D D-00502 BERNARD KYLE L& LISA B BURGHARDT THOMAS&AMY 11556 SW CORNELL PL 10823 SW TIGARD ST TIGARD, OR 97223 TIGARD,OR 97223 1 S134DD-00700 1S13400-10500 BERNHARD SCOTT M COBURN KELLY E&TERRIA L 10895 SW TIGARD ST 11534 SW CORNELL PL TIGARD, OR 97223 TIGARD, OR 97223 1 S 134 D D-02100 1 S 134 DA-10900 BLANCHARD DAVID& MARY COOK KENNETH RALPH& RENEE R 11445 SW 107TH PL 10710 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 DA-06500 1S134DA-04400 BOBERG RICHARD CRAVEN RICHARD E&MARY N 12480 SW FIRST 9170 SW ELROSE CT BEAVERTON, OR 97005 TIGARD,OR 97224 • 1S134DA-02000 1S134DC-09400 DODGE JEANETTE JONES CHARLES B JR/CATHYANN 10900 SW NORTH DAKOTA 11536 SW TWIN PARK PL TIGARD, OR 97223 TIGARD, OR 97223 1S134DA-04900 1S134DA-04600 DUNNING CHARLES A JR KOEHMSTEDT MATTHEW&PAMELA KAY 11390 SW 108TH 11325 SW 108TH TIGARD, OR 97223 TIGARD,OR 97223 1S134DA-06600 1S134DC-09300 EDWARDS DANIEL A&KAREN I LANE DANIEL& 10684 SW NORTH DAKOTA MILLER TANJA& TIGARD, OR 97223 FREDERICKSON ANDREW J/CATHY 11514 SW TWIN PARK PL TIGARD,OR 97223 1 S 134DC-09800 1S134DA-10800 EIDSON DONALD L AND MARY H LARSON WAYNE A&YVONNE M 11501 SW CORNELL PL 10730 SW N DAKOTA ST TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 D D-00800 1 S 134 D D-00300 EVANS ROBERT A MAI HAI 10905 SW TIGARD ST 10755 SW TIGARD ST TIGARD, OR 97223 PORTLAND,OR 97223 1 S 134 D D-00501 1 S 134 DA-02200 • FITZGERALD ROBERT A AND NELSON EDGAR D AND CHRISTINE A STEPHANIE J 10835 SW TIGARD AVE 10850 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05000 1S134DA-06700 HANAUSKA TERESA M OACE CHRISTINE A 11360 SW 108TH AVE 10660 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05100 1S134DA-02800 HENEGAR ROBERT S&LINDA J OACE JON R&CHRISTINE A 11330 SW 108TH 10660 SW NORTH DAKOTA TIGARD, OR 97223 TIGARD,OR 97223 1 S134DD-01900 1 S134DC-10200 HULSE CARL V AND O'HARA DAVID A&KAREN D JENNIFER L 11474 SW CORNELL PL 11401 SW 107TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 DA-047 00 1 S 134 DA-03000 HUMES DAVID E& PATECKY KENNETH F POTTS MELISSA J 4014 ROSE ST 11355 SW 108TH AVE VANCOUVER,WA 98660 TIGARD, OR 97223 134DA-02900 1S134DD-01000 PA CKY ENNETH F TI RD-TU LATIN SCHOOL 4014 EST DIST #23J V COUV ,WA 98660 696 W DBURG ST T •ARD,OR 97223 1S134DC-10000 1S134DB-03400 PHAM MYDUNG T& VENTURE PROPERTIES INC PHAM MY H OAI 4230 GALEWOOD ST STE 100 11463 SW CORNELL PL LAKE OSWEGO,OR 97035 TIGARD, OR 97223 1S134DA-02300 1S134DB-03500 RANDALL DONALD D AND JOANN VENTURE PROPERTIES INC 10800 SW NORTH DAKOTA 4230 GALEWOOD ST STE 100 TIGARD,OR 97223 LAKE OSWEGO, OR 97035 1 S 134 D D-00100 1 S 134 D B-03700 RICHARDS JAMES E&SHARON S VENTURE PROPERTIES INC BY NORRIS&STEVENS 4230 GALEWOOD ST STE 100 621 SW MORRISON ST#800 LAKE OSWEGO,OR 97035 PORTLAND, OR 97205 1S13400-00500 1S134DC-10400 RODRIGUEZ LADONNE WHIFFIN SHARON K 11476 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09500 1 S 134 D C-10100 SHEELER CHARLES W& KATY L WHITTAKER JEFFREY S&ANITA L 11558 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1S134DA-02400 1S134DA-05200 SOLLARS RONALD L WOODCOCK STEPHEN M&FLORENCE L 10770 SW NORTH DAKOTA 11300 SW 108TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1 S 1340A-04500 SULLIVAN SEAN P&SUSAN S 11295 SW 108TH AVE TIGARD,OR 97223 1S1 34DC-03000 TIGARD-TUALATIN SCHOOL DISTRICT#23J 6960 SW SANDBURG ST TIGARD, OR 97223 1 _134DD-00900 TIG•-D-T • •TIN SCHOOL DISTR • • 3J 69.,: SW SA •BURG ST ARD, OR 97223 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 ("ITV n TIGARII _ (LIJTRAI IIJTGDIcTGf1 PADTIGC (t•1..,.r.,ln1 co4,,r,\Inholc\(`IT(`or,4rn1 .4...-1 I IDfATCfl• I')_NA,,, n� AFFIDAVIT OF POSTING NOTICE City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223-8189 IMPORTANT NOTICE: AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: HOP2006-00093 Land Use File Name: SKIN RITUALS DAY SPA I, Emily Eng, do affirm that I posted notice on the site for a land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) S t3 Iv Q r A- S't , and did personally post notice of the Public Hearing on the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory,a copy of said notice being hereto attached and by reference made a part hereof,on the 1T' day of 0C+ ,20 a ■ - Sig . o n— itR e • e• Posting h:\login\patty\masters\affidavit of posting for STAFF to post.doc SKIN RITUALS DAY SPA HOME OCCUPATION PERMIT (HOP) 2006-00093 REQUEST: The applicant is requesting approval for a home occupation to provide day spa services, such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. Two estheticians, including the applicant/owner, will be working in the FIG_ A.e occupation. LOCATION: 10835 SW Tigard Street; Washington County Tax Map 1S134DD, Tax Lot 501 . ZONE: R-4.5: Low-Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Further information may be obtained from the Planning Division (staff contact: Emily Eng) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to Emily @ tgard-or.gov . A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. J (/� I I I — CITY of TIGARD ' __I` I GEOGRAPHIC INFORMATION SYSTEM NORTH DAK• w` ^ • w ST NORTH DAK( AREA NOTIFIED II iir __ / 131140501000 Q (✓00') a 1111 1 7109075 0 1513404077)0 1517401076Q0 151740407411 = 1 SMARM r u11M011M 151340505500 1W' N tl M ! T OM wil ''r .131340906700 tlON00710r` 1 74M71 340AIM M ~n S"TO�"o T. W��° su491m490 w FOR: Christine Fitzgerald NIIIMIco I° !~ 15134010711! _ RE: 1 S134DD, 501 151740003700 11/31111411 1S171MHl11 anus YMMIMN •\\�\\\\\ M71M 1....,..„V Wm. 1 LL\� 151740007711.n.IM111 re 151749999193 Property owner information J a Una e0sin Q 1 lMMt sd�i is valid for 3 months from CI- / the date printed on this map. n Ul 00011M 100113411 Z tYW1ill1 M1 1 \ MINIM Z O twNr1M tl110111711\w1�w!!1 IOW CO9CIO SININN11 TIGARD U ■ ST � -- TIGARD ST 9 r r O - 151740001000 %C . 151340803000 ta7W1111M N O 0 100 20D 300 400 Feet ) k kill , . MEADOV TIGARD Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http./hwrwcitigard.or.us Community Development Plot date:Oct 3,2006;C:lmagic MAGIC03.APR 1S134DC-09900 1Si34DC-10300 ADAMSKI CURTIS R BOWKER LEANNE MARIE 4109 FIR ST 11496 SW CORNELL PL VANCOUVER,WA 98660 TIGARD,OR 97223 1 S134DD-02200 1 S1340B-03800 AL NDER F D F&CATHERINE M BRAUN LIVING TRUST TRUS BY BRAUN WILLIAM H JR&ANNE E TRS 2182 LWERT RD 10920 SW NORTH DAKOTA ST ERWOOD, R 97140 TIGARD,OR 97223 1 S134DD-02300 1 S134DA-04800 ALEXANDER FERD F AND BRIGGS JOSEPH R&MICHELLE L CATHERINE M TRUSTEES 11385 SW 108TH AVE 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 1 S 1340 D-02000 1 S 134 D B-03600 ALEXANDER FERD W&NATALIE S BROWER RONALD RAY 11423 SW 107TH PL BROWER HELEN C TIGARD,OR 97223 BROWER ROGER E 10940 SW NORTH DAKOTA TIGARD,OR 97223 1 S134DA-02500 1 S134DC-09600 ANDERSON JAMES E&VALERIE L BRYANT DONNA J&ROSS A 10750 SW DAKOTA ST 11545 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S134DC-09700 1 5134DD-00400 BENASSU DEBORAH T BURGHARDT JOSEPH W 11523 SW CORNELL PL DOLORES J TIGARD,OR 97223 10805 SW TIGARD AVE TIGARD,OR 97223 1 S134DC-10600 1S1 34DD-00502 BERNARD KYLE L&LISA B BURGHARDT THOMAS&AMY 11556 SW CORNELL PL 10823 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 DD-00700 1 S 134 DC-10500 BERNHARD SCOTT M COBURN KELLY E&TERRIA L 10895 SW TIGARD ST 11534 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S134DD-02100 1 S134DA-10900 BLANCHARD DAVID&MARY COOK KENNETH RALPH&RENEE R 11445 SW 107TH PL 10710 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 DA-06500 1 S 134 DA-04400 BOBERG RICHARD CRAVEN RICHARD E&MARY N 12480 SW FIRST 9170 SW ELROSE CT BEAVERTON,OR 97005 TIGARD,OR 97224 1S134DA-02000 1S134DC-09400 DODGE JEANETTE JONES CHARLES B JR/CATHYANN 10900 SW NORTH DAKOTA 11536 SW TWIN PARK PL TIGARD, OR 97223 TIGARD,OR 97223 1S1340A-04900 1S134DA-04600 DUNNING CHARLES A JR KOEHMSTEDT MATTHEW&PAMELA KAY 11390 SW 108TH 11325 SW 108TH TIGARD,OR 97223 TIGARD,OR 97223 1 S134DA-06600 1 S134DC-09300 EDWARDS DANIEL A&KAREN I LANE DANIEL& 10684 SW NORTH DAKOTA MILLER TANJA& TIGARD,OR 97223 FREDERICKSON ANDREW J/CATHY 11514 SW TWIN PARK PL TIGARD,OR 97223 1 S134DC-09800 1 S134DA-10800 EIDSON DONALD L AND MARY H LARSON WAYNE A&YVONNE M 11501 SW CORNELL PL 10730 SW N DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 151 34DD-00800 1 S134 DD-00300 EVANS ROBERT A MAI HAI 10905 SW TIGARD ST 10755 SW TIGARD ST TIGARD,OR 97223 PORTLAND,OR 97223 1 S 1340 D-00501 1 S 134 DA-02200 FITZGERALD ROBERT A AND NELSON EDGAR D AND CHRISTINE A STEPHANIE J 10835 SW TIGARD AVE 10850 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05000 1S134DA-06700 HANAUSKA TERESA M OACE CHRISTINE A 11360 SW 108TH AVE 10660 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05100 1S134DA-02800 HENEGAR ROBERT S&LINDA J OACE JON R&CHRISTINE A 11330 SW 108TH 10660 SW NORTH DAKOTA TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 D D-01900 1 S 134DC-10200 HULSE CARL V AND O'HARA DAVID A&KAREN D JENNIFER L 11474 SW CORNELL PL 11401 SW 107TH PL TIGARD,OR 97223 TIGARD, OR 97223 1 S134DA-04700 151340A-03000 HUMES DAVID E& PATECKY KENNETH F POTTS MELISSA J 4014 ROSE ST 11355 SW 108TH AVE VANCOUVER,WA 98660 TIGARD,OR 97223 • 134DA-02900 1 S134DD-01000 PA CKY ENNETH F TI RD-TL LATIN SCHOOL 4014 EST DIST T #23J V COUV , WA 98660 696 W DBURG ST T ARD, OR 97223 1 S 134 D C-10000 1 S 134 D B-03400 PHAM MYDUNG T& VENTURE PROPERTIES INC PHAM MY H OAI 4230 GALEWOOD ST STE 100 11463 SW CORNELL PL LAKE OSWEGO,OR 97035 TIGARD, OR 97223 1 S134DA-02300 1S134DB-03500 RANDALL DONALD D AND JOANN VENTURE PROPERTIES INC 10800 SW NORTH DAKOTA 4230 GALEWOOD ST STE 100 TIGARD, OR 97223 LAKE OSWEGO, OR 97035 1S134DD-00100 1S134DB-03700 RICHARDS JAMES E&SHARON S VENTURE PROPERTIES INC BY NORRIS & STEVENS 4230 GALEWOOD ST STE 100 621 SW MORRISON ST#800 LAKE OSWEGO, OR 97035 PORTLAND, OR 97205 1 S134DC-00500 1S134DC-10400 RODRIGUEZ LADONNE WHIFFIN SHARON K 11476 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1 S134DC-09500 1 S 134DC-10100 SHEELER CHARLES W& KATY L WHITTAKER JEFFREY S&ANITA L 11558 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 DA-024 00 1 S 134 DA-05200 SOLLARS RONALD L WOODCOCK STEPHEN M& FLORENCE L 10770 SW NORTH DAKOTA 11300 SW 108TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1 S 134 DA-04500 SULLIVAN SEAN P&SUSAN S 11295 SW 108TH AVE TIGARD, OR 97223 1 S 134 D C-03000 TIGARD-TUALATIN SCHOOL DISTRICT#23J 6960 SW SANDBURG ST TIGARD, OR 97223 1 134 D D-00900 TIG•-.-T •TIN SCHOOL DISTR • • 3J 69.: SW SA *BURG ST GARD, OR 97223 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 (ITV nr TIGADf _ [MU)Al IAIT[R[CTLf PARTI[( d",\ I IDrIAMl• 1) nn-,,, ng REL EIVED CITY OF TIGARD SEP 2 s 200 COMMUNITY DEVELOPMENT DEPARTMENT 6 PLANNING DIVISION CITY OF TIGARD 13125 SW HALL BOULEVARD PLANNING/ENGINEERING TIGARD, OREGON 91223 PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Planning) TIGARD:: R4EeUIT 5QO. ,M PN OWN& MALALkIf Property owner information is valid for 3 months from-the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: 7-7.97‹ m477 ` /�S/ 3 5 L) 4'+7`/ OQs o/ PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose oA providing notice to property owners of the proposed land use application and the decision. The Z sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. y NAME OF CONTACT PERSON: G'b,e,'s-t PHONE: 503 /,-t/ FAX: EMAIL:- ,=�� mac/ ' ,6/),--io a, � y�c' 2e,fr This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request the contact person will be called to pick up their request that will be placed in 'Will Cali' by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus$2 per sheet for printing the list onto labels (20 addresses per sheet). • Then, multiply the cost to print one set of labels by the number of sets requested. 11 *EXAMPLE* '`"'COST FOR THIS REQUEST ** 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 sheet(s)of labels x$2/sheet for interested parties=$ x'sets = GENERATE LIST = $11.00 GENERATE LIST = S 1 OC TOTAL = $31.00 TOTAL = ��) 1 S134DD-00501 FITZGERALD ROBERT A AND CHRISTINE A 10835 SW TIGARD AVE TIGARD,OR 97223 APPLICANT MATERIALS PRE-APE HELD BY: CITY OF TIGARD PLANNING DIVISIIVED LAND USE PERMIT APPLICATION 2 s coos City of Tigard Perna Center 13125 SW Hall Blzrl, Tigard, OR 97223 Phone 503.639.4171 Fax: 503.598.1960 CITY OF TIGARD PLANNING/ENGINEERING File N ll°pz . uv�c�3 Other Case# Date ql" By By Receipt# 2"-A `'"4119 Fee et 7 `p-' Date Complete 17 11rD.- TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance (I or II) ❑ Minor Land Partition(II) ❑ Zone Change (HI) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development(HI) ❑ Zone Change Annexation(IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review(I,II or III) ❑ Zone Ordinance Amendment(IV) ❑ Historic storic Overlay(II or III) ❑ Site Development Review(II) 2/Home Occupation(II) ❑ Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) T AX‘g br L�T_N OS. 5") �7U"t"--)1 "SIT TOTAL SITE SIZE ZONING CLASSIFICATION ? Q-Crc'S /C APPLICANT' C/7 re/sZ``i✓1 e i z� 'v i'�( MAILING ADDRESS/CITY/STATE/ZIP PHONE'O_7 6u) T/ ' .- S.7 FAX NO. �S b 3 -- `7 /0 — , 35 Cce//) PRIMARY CONTACT PERSON PHONE NO. C G1 e i (5-0 3 — --5 >h/ PROPERTY OWNER/DEED HOLDER(Attach list if morMan one) Ch21St'?'ne_ Et6 MAILING ADDRESS/CTTY/STATE/ZIP /D d' 3 4: _561-) -Ti l , 5T 77`1 Q rZ( �,� i `7 e PHONE NO. FAX NO.vQ 5-0 3 —G7 )-..O - 47( *When the the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) l� �/`C,p0 c5F' Ox' L c 'cam .-r) E7 rJ ptz_ e:e 1) i-r e r- DA el /�� `-)(e p/ r°r---2' (e etn-ur ,bet I-7,a„y —4 A,9,7-A) • APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. fig; Owner's Signature // Date 61/Ve4.-. 2- a tr.wy/0,6 Owner's Signature Da Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date • JPPLEMENTAL QUESTIONNAIk_ prnr7fA Ir-r TO APPLY FOR A HOME OCCUPATION PERMIT TYPE II, PLEASE ANSWER THE FOLLOWING QUESTIONS: Business Name: S�/ /1 p Z./Li /S S P/9 PROPOSAL SUMMARY: The owners of record of the subject property request approval of a Home Occupation Permit to allow(please be specific): A Si a /l Da_.e/6 4-- 4.4)/i A rn v� f2vo O S-6-h cl I' L?JD/ J / � %oe SPECIFICATIONS: Specify whether you are using a detached building on your property and give the dimensions: 3PD sQ_ -f-. 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? El No /- [ 'Yes (If yes, please explain): O 0 e eS UICe/c/ 6,6 ! s ‘,vk 2. Will you have customers/clients coming to your residence? ❑ No • [l' es (If yes, how many per day?): 5 P v- I Dj 3. What will your hours and days of operation be? 7.7A-4.5 — S/9-7- 84 — 6:06,14i 4. Will the business generate any noise which can be heard outside of the structure? ErNo El Yes (If yes, please explain): 5. How many square feet is your residence and how many square feet will be devoted to thepperation of your busin s, including storage areas? a0� S � - 3Oe S 74:&- , �21�j SPA- 6. Will you have any signs or advertising visible from the exterior of the premises? ❑ o Yes (If yes, please explain): C- 5/77 Q`/ S%5 fr-) D/1 e'I a 7C //O l.S 4° e r 5/01'1 po/ntft Ze.1 ( tva / cads . 7. 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 S S 7L&=- P/4 B. partially for the home occupation. 3 CITY OF TIGARD 9/29/2006 li . • 13125 SW Ha11 Blvd. 11:03:01AM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004718 Date: 09/29/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid HOP2006-00093 [LANDUS]Type II Permit Fee 100-0000-438000 241.00 HOP2006-00093 [LRPF]LR Planning Surcharge 100-0000-438050 35.00 Line Item Total: $276.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check ROBERT A FITZGERALD KJP 1059 In Person 276.00 Payment Total: $276.00 cReceipt.rpt Page 1 of 1 Impact Study Skin Rituals Day Spa Transportation — The opening of our day spa will not impact the transportation system. We will have an average of 3 — 4 cars here a day at full capacity. Full capacity will take 6 months to a year to meet expectations. There will only be two cars here at a time at full capacity and the length of a stay is 1.5 to 2 hours. My neighbor runs a chiropractic business next door, and 1 don't notice any elevated activity either on the street or at his residence. The bikeway at the end of the driveway is not crowded at any time of the day, and there is plenty of visual space to see them coming up or down the street. This business will not impact walkers or bike riders. The drainage system — The amount of water needed to run our business is minimal. Each client will use up one or two small bowls of water and the clean up from each client includes a small bowl, a few product containers and a few brushes. The parks system — The nearest park is a few miles a day, and we won't be using it. The water system — As I said before, the amount of water we will use per client is minimal. Waxing clients don't use any water at all. The Sewer System — We have a septic system on our property and it is under used as it is as there are only two people living here at this time. Noise Impact — A spa is a very calm, quiet place with soothing water and peaceful music inside the facility. There will never be any excess noise emanating from this facility. Improvements — At this time the only improvement that might need to be made is to trim to trees of the street so the branches are trimmed 8 feet up. • �. Loan No. 9090025343 CitiMortgage, Inc. P0. Box 790021 M.S. 321 St. Louis, MO 63179-0021 Attn. Document Collection [Space Above This Line For Recording Data) DEED OF TRUST THIS DEED OF TRUST "Security Instrument")is made on FEBRUARY 12,2001 The grantor is ROBERT A FITZGERALD AND CHRISTINE A FITZGERALD ("Borrower"). The trustee is FIRST AMERICAN TITLE ('Trustee").The beneficiary is CITIMORTGAGE, INC. ,which is organized and existing under the laws of THE STATE OF DELAWARE 15851 CLAYTON ROAD ST.LOUIS,MISSOURI 63011 and whose address is ("Lender"). Borrower owes Lender the principal sum of Two Hundred Three Thousand Flve Hundred and 00/100 Dollars(U.S. $ 203,500.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),which provides for monthly payments,with the full debt,if not paid earlier, due and payable on MARCH 1,2031 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and(c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to the Trustee, in trust,with power of sale,the following described property located in WASHINGTON County, Oregon: SEE ATTACHED LEGAL DESCRIPTION which has the address of 10835 SW TIGARD STREET TIGARD [Street) tCIty) Oregon 97223- ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THE SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by juristiction constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called"Escrow Items."Lender may, at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. E Z03.8 9/90 OREGON -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Amended 5/91 [page 1 of 4pages) �l GFS Form - G000046(5F20) Initials 111 111 1111 1 11111111111111111 III 111111 1 1111 111111 1 III 1111 11 11 1 1111111 1111 1 1111 11111 1 1111 11111 11111 111111 11 11 1111 I11\ 'ULH,F2T1' 'GOOOO46G1• EXHIBIT A A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 1 WEST, OF THE WILLIAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, BEING A PORTION OF THAT TRACT DESCRIBED IN DEED TO ROBERT A. FITZGERALD AND CHRISTINE A. FITZGERALD AS FEE NO. 87063494 AND FEE NO. 8816453 RECORD OF DEEDS IN SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS SOUTH 88 DEGREES 07 MINUTES 25 SECONDS EAST 1697 . 15 FEET AND SOUTH 1 DEGREE 31 MINUTES. 36 SECONDS WEST 967 . 03 FEET FROM THE NORTHWEST CORNER OF THE JOHN L. HICKLIN DONATION LAND CLAIM, SAID POINT BEING 30 . 0 FEET FROM THE CENTERLINE, WHEN MEASURED AT RIGHT ANGLES, TO S.W. TIGARD STREET (COUNTY ROAD NO. 916) , SAID POINT ALSO BEING ON THE EAST LINE OF THAT TRACT OF LAND CONVEYED TO R.H. JACKSON BY DEED IN BOOK 234, PAGE 181; THENCE ALONG SAID EAST LINE, NORTH 1 DEGREE 31 MINUTES 35 SECONDS EAST 467 . 73 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND CONVEYED TO ERNEST L. COOK IN BOOK 142, PAGE 250, SAID DEED RECORDS; THENCE SOUTH 87 DEGREES 59 MINUTES 34 SECONDS EAST ALONG THE NORTH LINE OF SAID COOK TRACT AND THE NORTH LINE OF THAT TRACT CONVEYED TO JOSEPH W. BURGHARDT, EX UX, BY DEED IN BOOK 506 , PAGE 513, A DISTANCE OF 174 . 85 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE EAST LINE OF SAID BURGHARDT TRACT, SOUTH 1 DEGREE 31 MINUTES 35 SECONDS WEST 291 . 71 FEET TO A POINT THAT IS NORTH 1 DEGREE 31 MINUTES 35 SECONDS EAST 205 . 00 FEET FROM THE SOUTHEAST CORNER OF SAID BURGHARDT TRACT; THENCE NORTH 88 DEGREES 19 MINUTES 34 SECONDS WEST, 124 . 85 FEET TO A POINT 50 . 0 FEET EAST, WHEN MEASURED AT RIGHT ANGLES, TO THE EAST LINE OF THAT TRACT OF LAND CONVEYED TO R.H. JACKSON BY DEED IN BOOK 234, PAGE 181 ; THENCE PARALLEL WITH SAID EAST LINE, SOUTH 1 DEGREE 31 MINUTES 35 SECONDS WEST 205 . 00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 4618531 • EXHIBIT A (continued) S .W. TIGARD STREET (COUNTY ROAD NO. 916) BEING 30 . 0 FEET FROM CENTERLINE, WHEN MEASURED AT RIGHT ANGLES; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH 88 DEGREES 19 MINUTES 34 SECONDS WEST 50 . 00 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS : A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 34 , TOWNSHIP 1 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, BEING A PORTION OF THAT TRACT DESCRIBED IN DEED TO ROBERT A. FITZGERALD AND CHRISTINE A. FITZGERALD AS FEE NO. 87063494 RECORD OF DEEDS IN SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS SOUTH 88 DEGREES 07 MINUTES 25 SECONDS EAST 1697 . 15 FEET, SOUTH 1 DEGREE 31 MINUTES 35 SECONDS WEST 498 . 67 FEET, SOUTH 87 DEGREES 59 MINUTES 34 SECONDS EAST 174 . 85 FEET AND SOUTH 1 DEGREE 31 MINUTES 35 SECONDS WEST 291 . 71 FEET FROM THE NORTHWEST CORNER OF THE JOHN L. HICKLIN DONATION LAND CLAIM, SAID POINT BEING THE NORTHEAST CORNER OF THAT TRACT CONVEYED BY DEED TO JOSEPH W BURGHARDT AS FEE NO. 87063493 ; THENCE NORTH 88 DEGREES 19 MINUTES 34 SECONDS WEST ALONG THE NORTH LINE TO BURGHARDT TRACT 124 . 85 FEET TO A POINT 50 . 0 FEET EAST OF, WHEN MEASURED AT RIGHT ANGLES, TO THE EAST LINE OF THAT TRACT OF LAND CONVEYED BY DEED TO R.H. JACKSON IN BOOK 234, PAGE 181; THENCE PARALLEL WITH SAID EAST LINE, NORTH 1 DEGREE 31 MINUTES 35 SECONDS EAST 61 . 00 FEET TO A POINT; THENCE SOUTH 88 DEGREES 19 MINUTES 34 SECONDS EAST 124 . 85 FEET TO A POINT ON THE EAST LINE OF SAID FITZGERALD TRACT; THENCE SOUTH 1 DEGREE 31 MINUTES 35 SECONDS WEST 61 . 00 FEET TO THE PLACE OF BEGINNING. Permanent Parcel Number: R1453162 4618531 EXHIBIT A (continued) ROBERT A. FITZGERALD AND CHRISTINE A. FITZGERALD, HUSBAND AND WIFE 10835 SOUTHWEST TIGARD STREET, TIGARD OR 97223 Loan Reference Number 159822 First American Order No: 4618531 1 L... I I I CIITY of I TIGARD ! ! I 1 , I , , I i i 1 __, (NI - . . __ '161_ 11 _ , 1 GEOGa•PNIC. FORMATION SYSTEM VICNTY MAP ■ li:til II Mil " al 5 . ,,_.... 1:::t , o cc, , t s D ) a i cot , R K TA tOAS FEPH Q,,,,„. „_ _:.,,„,.,, ,,,,,., ,..__ _ ' `,1 A y i ,\._ _ ---7 : � t OVRM: I F43 7 % _ i Tigard Ara Map J Or) oL • N 4RD 0 1 • S --- 0 50 100 150 200 Fast --1-- ------- - ' ! 1'=153 feet i ^l a.r Cr rr- III 7 /y i S l 3q DD — OC? J l - z �/ TIGARD C.I. w _ 0 0— ID E5 Z /^ y Lor o / hind b verified on this map is for general location only and W cwn r u7. Lor r should De vented with the Development Services Division ' 71---. 13125 SW Hall Blvd 0 Z Tigard,OR 97223 CC I Q (503)6394171 htipJ/www-d-tlgard-onus Community Development Plot date: Sep 19,2006:C:ImagiclMAGIC03.APR I REc Lk OCT 022006 E OCT • By File Number O6. 0030( 1 CleanWater Services Our commitment is clear. Sensitive Area Pre-Screening Site Assessment Jurisdiction c4 j(6040 u.M5%' CT/ Date 9 - L O , Map & Tax Lot /5/3sIDD —00 57 / Owner • �eFr�ers LbT So/ Applicant Site Address /0035- c.a., -77G,44.7?5f- Company ` a, S P14 Address J5T Proposed Activity ba,46 Sfa. City State Zip r,•ga „--Id O! CJ-2003 Phone ,503 -6,aa —4717b/ Fax N/51- By submitting this form the Owner, or Owner'"s authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. Official use only below this line Official use only below this Ilne Official use only below this line Y N NA Y N NA Sensitive Area Composite Map Stormwater Infrastructure maps Map# is/4!D U X QS# 42/8 l IN Locally adopted studies or maps — Other Specify Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04-9: Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive.,Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Sensitive areas do not appear to exist on site or within 200' of the site. This pre-screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 04-9, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewer Comments: • Reviewed By: ��,siif( �/, . Date: SCI/570( Official use only Returned to Applicant Mail D( Fax Counter 2550 SW Hillsboro Highway•Hillsboro,Oregon 97123 Date yr/0 6 By __ Phone: (503)681-5100• Fax: (503)681-4439•www.c(eanwatcrservices.org 11 all LAND USE PROPOSAL DESCRIPTION 120 DAYS = 2/7/2007 FILE NO.: HOME OCCUPATION PERMIT (HOP) 2006-00093 (Type II) FILE TITLE: SKIN RITUALS DAY SPA APPLICANT: Christine Fitzgerald OWNER: Christine and Robert Fitzgerald 10835 SW Tigard Street Same as applicant Tigard, OR 97223 REQUEST: The applicant is requesting approval for a home occupation to provide day spa services,such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. Two estheticians,including the applicant/owner,will be working in the home occupation. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. ZONE: R-4.5: Low-Density Residential District. The -4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: OCTOBER 13,2006 DATE COMMENTS ARE DUE: OCTOBER 27,2006 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: NOVEMBER 7,2006 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ® EXISTING CONDITIONS ® SITE PLAN ❑ ARCHITECTURAL PLAN Z IMPACT STUDY ® NARRATIVE ❑ GEOTECH REPORT ❑ OTHER STAFF CONTACT: Emily Eng, Assistant Planner (503) 639-4171 Ext. 2712 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 1111 41 • October 10, 2006 TIGARD Christine Fitzgerald 10835 SW Tigard Street Tigard, OR 97223 RE: Completeness Review- Skin Rituals Day Spa Home Occupation, Case File No. HOP2006-00093 Dear Mrs. Fitzgerald: The City has received your revised application materials for Home Occupation, Type II (HOP2006-00093). Staff has reviewed the application materials and has determined your application to be complete as of 10/10/2006. Staff will now review your application, which may take 5 to 6 weeks. Please be aware that staff has not yet reviewed your submittals for compliance with the applicable code criteria and that the need for more information may arise during the review period. If you have any ques'tions, please contact me at (503) 718-2712. Sincerely, Emily Eng Assistant Planner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 PRE - APPLICATION CONFERENCE NOTES r . CITY OF TIGARD 40, CITT PRE-APPLICATION CONFERENCE NOTES comm Ouui (Pre-Application Meeting Notes are Valid for Six (6) Months) ty�rDeve(opent SFiapingA Better Community FFEATMGDIE Q I 197500(:) NON-RESIDENTIAL APPLICANT: Clans ti he 1i-7_9.c.r 1 AGENT: Sakti-C._ Phone: 6D3) `1 1D — 6 Phone: ( ) PROPERTY LOCATION: _ ADDRESS/GENERAL LOCATION: I 0 8 35 S� tLsard Sty TAX MAP(S)/LOT #(S): I, s 1 3 4 f b -- DO SO NECESSARY APPLICATIONS: H O ' It I ov.Ae O��(, ; p,,, T_( re_ T[ PROPOSAL DESCRIPTION: c'r-Li Se cL Ise o ,i)�-; COMPREHENSIVE PLAN MAP DESIGNATION: Lt - s��-y Re-s∎dsz,,, -i a l ZONING MAP DESIGNATION: R - `4•S ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 510 I MINIMUM LOT SIZE:'5'sq. ft. Average Min. lot width: Sc ft. Max. building height: 3 v ft. Setbacks: Front _ 2 o ft. Side S ft. Rear t5 ft. Corner t< ft. from street. MAXIMUM SITE COVERAGE: O % Minimum landscaped or natural vegetation area: O %. 7 NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section NARRATIVE [Refer to Code Chab.,,r 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. K1 IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.050] As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. K ACCESS [Refer to Chapters 18.705 and 18.1651 —Minimum number of accesses: Minimum access width: t3 4+ . Minimum pavement width: ( All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: [-1 WALKWAY REQUIREMENTS [Refer to Code Section 18.705.030] WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. I SPECIAL SETBACKS (Refer to Code Chapter 18.7301 > STREETS: feet from the centerline of > LOWER INTENSITY ZONES: feet, along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.6.) BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: > A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half ('A) of the building's height; and > The structure will not abut a residential zoned district. ❑ BUFFERING AND SCREENING [Refer to Code Chapter 18.745] In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section • The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: • LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.1051 — STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. — -- — — - ---- — ❑ RECYCLING (Refer to Code Chapter 183551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. PARKING (Refer to Code Section 18.165.0401 REQUIRED parking for this type of use: e a' a-we-U inn ckvt;-- u4re Parking SHOWN on preliminary plan(s): C t}Ot Ca-v.t utse In,coYe urtipt( SECONDARY USE REQUIRED parking: s yt / \ L[1� re:I/Lk Eax q resi d.oa.ut) Parking SHOWN on preliminary plan(s): �J NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: ➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. n LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section ❑ BICYCLE RACKS [Refer to Code. .don 18.1651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS [Refer to Code Chapter 18.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.715.080.0) When STEEP SLOPES exist, prior to issuance of a final order, a_ geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. CLEANWATER SERVICES(CWS)BUFFER STANDARDS [Refer to R&0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION & ORDER 96-44 SLOPE ADJACENT WIDTH OF VEGETATED SENSITIVE AREA DEFINITION TO SENSITIVE AREA CORRIDOR PER SIDES- ♦ Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow ♦ Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 10 to <50 acres 30 feet • >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section • Restrictions in the Vegetate _urridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. WS Service Provider Letter: RIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. E( SIGNS [Refer to Code Chapter 18.7801 • SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a veo menf review application. Alternatively, a Sin Code-Exception application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ❑ MITIGATION (Refer to Code Section 18.790.060.E1 REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section • • ➢' If a replacement tret. .,r the size cut is not reasonably on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. gl CLEAR VISION AREA [Refer to Code Chapter 18.195) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND - EIGHT I-a-FEET N HEIGHT at r oad/driv way,road/railroac, and road road intersections.- The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. U ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 1Y2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 18.765(Off-Street Parking/Loading Requirements) - 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) 18.775(Sensitive Lands Review) - 18.350(Planned Development) 18.705(Access/Egress/Circulation) 18.780(signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) 18.715(Density Computations) 18.790(Tree Removal) 18.380(Zoning Maplrext Amendments) 18.720(Design Compatibility Standards) _ 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) X 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) 18.810(Street&Utility Improvement Standards) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.420(Land Partitions) 18.742(Home occupation Permits) - 18.430(Subdivisions) 18.745(Landscaping&Screening Standards) - 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) - 18.520(Commercial Zoning Districts) 18.755(Mixed Solid Waste/Recycling Storage) - 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: ScI„u -�at_ c ouc,P u„ texAAt e._1tccd 75,E o� e:n h'rte .St .k a_ 1,+owt(- _1 r. v v [ace S�tctQ� l"-ovsvc_ o cc_occdlw e_ Lee' d Sa $ S5uart PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section The administrative decision public hearing will typically occur app.uximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard t-e_0.r . A basic flow chart which illustrates the review process is available f the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approves T>I ese pre-app1icda ion notes do no iincl-ude comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). • � • : e con erence an• notes cannot cover a o.e requirements an. aspects re ate. to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: ' I ( CITY OF T16ARDNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-7291 EMAIL tstaf s first name)@ ci.tigard.or.us tit a ��ee —6--f-• l TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.cl.tigard.or.us H:\patty\masters\Pre-App Notes Commercial.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section Additional Comments for Fitzgerald/Day Spa Home Occupation For Narrative: • Address HOP Type II General Approval Criteria (see 18.742.040) • Provide Impact Study (see 18.390.040.B.2.e) Application Materials: Submit 3 copies of the following: • Application form with applicant and owner's signature • Deed or title report • Vicinity map showing site and surrounding area • Narrative • Site plan,to scale,including: a) Location of home occupation b) Square footage of home occupation c) Total square footage of house d) Location of parking e) Width of accessway and driveway pavement f) Clear vision area (see 18.795.040.B.2) • CWS service provider letter • Fee ($276) • 2 sets of business size envelopes,postage stamped and addressed (no return address) — see Label Request Form (request 2 sets of labels) i Timeframe: • Submit application • 30-day completeness review • 5 to 6-week staff review • 2-week appeal period • Decision final,unless appealed Prepared by Emily Eng Assistant Planner City of Tigard (503) 718-2712 Emily(a,tigard-or.gov Project: �"`' `7"2-00b- �oob- ��� LAND USE APPLICA. .ON Date: 1D , L>7 ac7c) 6 3 COMPLETENESS REVIEW [1Q COMPLETE INCOMPLETE ST DARD INFORMATION: 2ed/Title/Proof Of Ownership ❑ Neighbo ••.. Mtg.Affidavits, Minutes, List Of Attendees^ �pact Study(18.390) ^/USA Service Provider Letter • Construc.• Cost Estimate L J- d #Sets Of Application Materials/Plans Ltd` Pre-Application Conference Noteseb Envelopes With Postage(Verify Count) PROJ T STATISTICS: [ ilding Footprint Size ❑ % Of La soaping On Site ❑ % Of 3): ng Impervious Surface On Site • Lot Square Footage PLAM$. DIMENSIONED: Et- Building Footprint ©K--Parking Space Dimensions(include Accessible&Bike Parking)❑ Truc oading Space Where Applicable ❑ Bul g Height [a."'Access Approach And Aisle sVisual Clearance Triangle Shown 16`s t kn.4.1- ( n c s.-c-,k ct ADDITJONAL PLANS: v,c,i inta_e-tra 1 {1.4.0.._ a.'Vicinity Map ❑ chitectural Plan ❑ Tree Inventory Cvnditf sP-an- - ❑ La pe Plan Site Plan ❑ Li ti Plan TREE PLAN 1 MITIG N PLAN: CI 0 ❑ ❑ A❑DDITIONAt> PORTS: (list any special reports) CI❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765 Off-Street( Parking/Loading Requirements) ❑ 18.340(Directors Interpretation) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.350(Planned Development) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(signs) ❑ 18.360(Site Development Review) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.370(Variances/Adjustments) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.380(Zoning MapText Amendment) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Vsual Clearance Areas) ❑,-- �18.385(Miscellaneous Permits) ❑ 18.725(Environmental Performance Standards) ❑ 18.797(Water Resources(WR)Overlay Distract) [11 18.390(Decision Making Proceduresrlmpact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.798(Wireless Communication Facilities) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) [/_ 18.742(Home Occupation Permit) ❑ 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) ❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ADDITIONAL ITEMS: I:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-o1 I fu&07112' -P57'' bG a n.t J :,-Y,,r i a� � C ' IA A sit (,O/Icy /o L NOTICE TO MORTGAGE,LIENHOLDER,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 q LAND USE APPLICATION HOME OCCUPATION PERMIT TIGARD DATE OF NOTICE: October 13,2006 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2006-00093 FILE NAME: SKIN RITUALS DAY S PA REQUEST: The applicant is requesting approval for a home occupation to provide day spa services,such as skin care. Proposed hours are 9 a.m. to 6 p.m,Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per clay. Two estheticians,including the applicant/owner,will be working in the home occupation. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. ZONE: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. 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 OCTOBER 27,2006. All comments should be directed to Emily Eng,Assistant 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 or bye-mail to Emily@tigard-or.gov. 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 THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR NOVEMBER 7, 2006. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. 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 Hearings Officer 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 SUBMTI'1'ED WRI1tEN 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 FAC IS 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. 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. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." _ r- ................ 4r .. -- ` + 1,1CINITI"MAP NORTH HOP200 G-0009 3 DAK• A Irmo' w NORTH DAK[ 1111$! < _�*` SINN RITUALS S_ DAY SPA 1011111 �: mill III rridigr , . 1.6.iimns-3 4 ' .---/f. :-t—og--',, 1 .c:.."11111111' . � `.1 , , . to L,. ...q'.._..,__.k , TIGARD V`_ ST c _ TIGARD ST —"�� F N I• fN N I w :- k___f.'" ■ik■ ( k./ 111--- • MN r1 111 ' O .011 t.H/11•.11 -- .w•.x.4.•.r Community Development •ot Gate:• 1 . e... epc • 1i.r:. NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00093 1114 q FITZGERALD HOME OCCUPATION TIGARD DBA: SKIN RITUALS DAY SPA 120 DAYS = 2/7/2006 SECTION I. APPLICATION SUMMARY FILE NAME: FITZGERALD HOME OCCUPATION FILE NO.: Home Occupation Permit(HOP) Type II HOP2006-00093 APPLICANT: Christine Fitzgerald OWNER: Christine and Robert Fitzgerald 10835 SW Tigard Street Same as applicant Tigard,OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to provide day spa services,such as skin care. Proposed hours are 9 a.m. to 6 p.m., Tuesday through Saturday. Expected number of clients is 3 to 4 per day, and cannot exceed 6 per day. The applicant/owner and another part-time esthetician will be working in the home occupation. ZONING DESIGNATION: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10835 SW Tigard Street;Washington County Tax Map 1S134DD,Tax Lot 501. 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. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25C) per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice 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 NOVEMBER 3, 2006 AND BECOMES EFFECTIVE ON NOVEMBER 21, 2006 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as rovided 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. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues,properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 20, 2006. I estions: For further information please contact the Planning Division Staff Planner, Emily Eng, Assistant Planner(x2712) at 503-639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by email to Emilyatigard-or.gov. ---lipomMilliti INNIN _____ Elm 111111111 is rpm -- =� VICINITI MAP ��. I _ -- -[IJ 1 MI N.RTH OAK. a , =■I■ HOP2006-00093 w ans 1111111111• _-� 1 I Eloar .- ..1 sMi i rip o . iilij-r III• , 6e -r_ mg von.1• A I mows _J , T14AI&D 1 1111 IN A10/111 ..........a NW...E..