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HOP2006-00085
NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00085 III a 0 JOHNSTON MUSIC INSTRUCTION DBA: NORTHWEST BAGPIPES T I GARD 120 DAYS = 3/27/2007 SECTION I. APPLICATION SUMMARY FILE NAME: JOHNSTON MUSIC INSTRUCTION FILE NO.: Home Occupation Permit(HOP)Type II HOP2006-00085 APPLICANT: Michael Johnston OWNER: Michael and Mary Ellen Johnston 7160 SW Ventura Drive Same as applicant Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to provide bagpipe instruction. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant proposes to instruct 2 students per day. No employees 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: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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. HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 1 OF 6 CONDITIONS OF APPROVAL THE APPLICANT IS HEREBY NOTIFIED OF THE CONDITIONS BELOW. VIOLATION OF THESE CONDITIONS SHALL CAUSE THIS APPROVAL TO BE VOID. STAFF CONTACT SHALL BE EMILY ENG IN THE CURRENT PLANNING DWISION 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 home occupation is permitted no more than 2 students per day of operation. Music instruction shall be conducted indoors only and only one student shall be mstructed at a time. The home occupation shall not receive visits between the hours of 10:00 PM and 8:00 AM. 3. The applicant/owner shall direct customers or clients who visit the site to park in the driveway and not utilize on street parking. Customers or clients shall not generate excessive traffic or monopolize on-street parking. 4. The applicant shall not receive more than 3 deliveries per week related to the home occupation. 5. The applicant is permitted 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. 6. The home occupation shall not create offensive noise at or beyond the property line of the home occupation site. The home occupation is also subject to the Municipal Code noise regulations (Section 7.40.160). If the home occupation violates City noise regulations, the home occupation permit will be void. 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. The City received one comment from a neighbor opposing the hours of operation, concerned that bagpipe instruction for up to 6 students at one time will create a noise nuisance. The neighbor recommended the following(full comments are in the land use file for HOP2006-00085): 1) During the summer months (June to September), when residents are likely to be outside, hours of operation should be limited to 2 days per week. 2) The City should require lessons to be taught in a basement or in a room that is fully enclosed with the door and windows shut. The City should inspect the residence to ensure adequate room is available. 3) The City should test noise levels on site and permit the home occupation only after the test is conducted and heard at reasonable hours of operation. RESPONSE: While Type II Home Occupations are generally allowed up to 6 clients per day, the applicant proposes 2 students per day and will instruct no more than one at a time. In the interest of surrounding neighbors, the conditions of approval reflect the applicant's specific proposal. In addition, as later discussed in this decision, the home occupation code section 18.742.040.A.3 does not permit offensive noise at or beyond the property line of the noise source. The home occupation will also be subject to Municipal Code section 7.40.160, which regulates noise. If the home occupation violates City noise regulations, the home occupation permit will be void. 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 standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 2 OF 6 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 proposed music instruction will not have any effect on sewer, storm drainage, water or parks. Concerning traffic, the applicant indicates he will have up to two students per day during the proposed hours of operation,generating a maximum of 14 vehicle trips per week. No more than 1 student will visit at a time. Fourteen vehicle trips per week is not a significant increase in traffic for a neighborhood route, such as Ventura Drive. Concerning noise, the applicant indicates that a bagpipe can be heard about one-half way from the property line to the house on a quiet day, but that it can not be heard at the property line. In addition, if the proposed home occupation violates City noise regulations, the home occupation permit will be void. Public services are adequate to serve the home occupation. Therefore,the City is not requiring dedication of real property. Section 18.742.040 states that all home occupations except those that have proven non-conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by one of the property owners, who are the principal occupants of the property. Therefore, this criterion is met. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has not indicated how many deliveries he expects per week related to the business, but indicates he will not be selling any instruments or other music supplies. 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 applicant does not propose equipment or activity that would generate offensive noise,vibration,smoke, dust, odors,etc. Regarding noise, as discussed previously, the applicant indicates that a bagpipe can be heard about one-half way to the property line on a quiet day and that it can not be heard at the property line. In addition, if the proposed home occupation violates City noise regulations, the home occupation permit will be void. Therefore, this criterion is met or can be met by observing the conditions of-approval for this decision. 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 nnot exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The home occupation will be entirely inside a 2,150 square-foot home. The area used for music instruction will be 100 square feet. There will be no indoor storage related to the home occupation. Students purchase their own instruments and music supplies at a store or online and take them home after music instruction. The applicant indicates he will not sell instruments or other supplies. Therefore, the home occupation will occupy 5% of the entire home and will not exceed the area limit for a home occupation. This criterion is met. HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 3 OF 6 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 does not apply. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There will be only one home occupation at the subject site. The City does not have record of other home occupations at the subject site. Therefore, this criterion does not apply. 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 is met. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant indicates that clients may park in the driveway, which is 50 feet long. Because the applicant will instruct only one student at a time, the home occupation will cause no more than one additional car to be parked at the home at any one time. No street parking would be required. Therefore, this criterion is met. The following uses are not allowed as home occupations: a) Auto-body repair and painting. Ongoing mechanical repair conducted outside of an entirely enclosed building. c) Junk and salvage operations. (d) Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses. Therefore, this criterion is met. 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; The owner will not be storing any vehicles related to the home occupation. 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; HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 4 OF 6 • (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The above criteria are met or do not apply,as shown in the following: a) The applicant does not propose a sign; There will be no outside volunteers or employees working on the premises; c) As already discussed, the applicant expects 2 students per day and-no more than one at a time during the hours of 7 p.m. and 9 p.m. Monday, Tuesday and Thursday and 10 a.m. to noon on Saturday; and (d) The applicant does not propose any outdoor storage for the purposes of the home occupation. 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. 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 JANUARY 5,2007 AND EFFECTIVE ON JANUARY 23,2007 UNLESS AN APPEAL IS FILED. Areal: 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. HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 5 OF 6 THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JANUARY 22, 2007. 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. -.--) C ii!! _ ,' January 5.2007 PRE'ARED t!./ •_ u' y - g DATE Assistant Planner = Y January 5.2007 REVIEWED BY: Richard Bewersd'fff DATE Planning Manag;r HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 6 OF 6 21' pAUILT 15' UPPER LEVEL 15' slob 21' DUTY OF TIGARD Approved.............................. Conditionally Approved.-......�.,,�„__ For only the work as described in: - •1 PERMIT NO. 58' See Letter to: Follow._.--... IC---%'11 z_ ... Attach................. [ ] Job Ad ress: - ..... by: Date:_i _ DDC rflYIEL II II MOM BgDHd 0 I BOOM, untie ti ', pa,14'.( LUTIL—] my,1 3 7� P����A�~ MAIN L 44' BITS `+r--. 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Sion. 13125 SW Hall Blvd MI Tigard,OR 97223 J -� • (503)639-4171 - _ rani httplIrmwr.ci.tigard.or.ub Plot date:Dec 7,2006;C:lmagic\MAGIC03.APR Community Development REQUEST FOR COMMENTS RE QUE ST FOR COMMENTS • DATE: December 12,2006 T I G A R D TO: Mark Vandomelen,Residential Plans Examiner FROM City of Tigard Planning Division STAFF CONTACT: Emily Eng,Assistant Planner(x2712) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Emilyatigard-or.gov HOME OCCUPATION PERMIT TYPE II (HOP) 2006-000085 > JOHNSTON MUSIC INSTRUCTION.< REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant expects to have 2 students per day, and cannot have more than 6 per day. No employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive; Washington County Tax Map 1S125DC, Tax Lot 2900. 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. 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: DECEMBER 26, 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: A A PflAil r a S_9 Patty Lunsford - RE: Home Occupation Permit No. 2006-00085/Johnston Musiclnstru•ction Page 1 • From: "Bob Storer" <bobstorer©comcast.net> To: "'Patty Lunsford"' <PATTY©tigard-or.gov> Date: Friday, December 22, 2006 3:15:33 PM Subject: RE: Home Occupation Permit No. 2006-00085/Johnston Musiclnstruction Thank you! Bob Storer Freelife International Distributor 7225 SW Ventura Drive Portland, OR 97223-1109 1-888-887-4654 503-244-5941 FAX:503-244-5972 www.go-go-goji.com Original Message From: Patty Lunsford [mailto:PATTY©tigard-or.gov] Sent: Friday, December 22, 2006 1:54 PM To: bobstorer©comcast.net Subject: Home Occupation Permit No. 2006-00085/Johnston Musiclnstruction Mr. Storer, I am responding to your request made to Cathy Wheatley with the City of Tigard regarding a Bag Pipe Business at 7160 SW Ventura Drive. I have attached the "Notice of Pending Land Use Decision" as you requested. If there is anything else that I can help you with, please feel free to contact me. Sincerely, Patricia Lunsford, Planning Secretary City of Tigard, Oregon 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171, ext. 2438 patty©tigard-or.gov Patty Lunsford - Fwd: Public Hearing Notice Page 1 From: Cathy Wheatley To: Patty Lunsford Date: Friday, December 22, 2006 1:14:03 PM Subject: Fwd: Public Hearing Notice Hi Patty, I think this might be a related to a home occupation request. Would this be an item for someone in your building. Could you point me in the right direction regarding who could help Mr. Storer with this request for information? Thanks Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy @tigard-or.gov >>> "Bob Storer" <bobstorer @comcast.net> 12/22 12:01 PM >>> Good Morning Cathy: Would you please send me an electronic copy of the recently mailed public hearing notice for: Bag Pipe Business License (hours of operation for in-home lessons) at 7160 SW Ventura Drive (Michael Johnston) My wife threw out this notice. I do not believe I can make the hearing and would like to comment. Thank you very much for your time and consideration. Sincerely, Bob Bob Storer Freelife International Distributor 7225 SW Ventura Drive Patty Lunsford - Fwd: Public Hearing Notice Page 2 Portland, OR 97223-1109 1-888-887-4654 503-244-5941 FAX:503-244-5972 www.go-go-goii.com Emi En -Ba i Comment Letter.doc Pa e 1 RECEIVED December 26,2006 DEC 2 7 2006 Ms.Emily Eng Assistant Planner CITY OF TIGARD City of Tigard PLANNINGIENGINEERING 13125 SW Hall Blvd. Tigard,OR 97223 RE: Johnston Bagpipe Music Instruction HOP 2006-0085 Dear Ms.Eng: I am writing to oppose the proposed hours of operation for the above listed HOP to conduct bagpipe lessons for up to six students at 7160 SW Ventura Drive. The proposed hours of operation are 7-9 pm Monday,Tuesday,and Thursday,and 10 to noon on Saturday. Having seven bagpipes blowing at one time during the summer months at your neighbor's home is unacceptable. These lessons will not be for professionals practicing for a concert or event,but rather inexperienced students. The bagpipe is one of the loudest instruments and the noise will carry long distances. The following restrictions should be required of this applicant and conducted by the City: 1) The City should require that these lessons be restricted during the summer hours when residents are outside in their yards and gardens. Restrictions need to be enforced during June-September. The hours should be limited to 2-days per week during this period(e.g.,7-9 pm Monday and Thursday). 2) The City should require that the lessons be taught in a basement or within a room that is completely enclosed(i.e.,an internal room with the door shut or external room with all windows shut). The City should inspect this residence to ensure and adequate room is available. 3) The City should require the applicant test the noise levels with seven bagpipes playing at one time to simulate the background noise condition for a code enforcement officer, police officer and city official onsite. The City should recommend restrictions and take final action on this permit only after this test is conducted and reasonable hours of operation are witnessed and heard. This is a quality of life issue and neighbors should be able to enjoy the summer periods without having to listen to these music lessons. Thank you for your time and consideration of these comments. Sincerely, Bob Storer 7225 SW Ventura Drive c: Craig Dirksen,Mayor Sally Hardin,Councilor Emil En• -Bagpipe Comment Letter.doc Pa•e 2 Surrounding Neighbors R-cc-)2A" 0 6 REQUEST FOR COMMENTS DATE: December 12,2006 T I GAR 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: E milya tigard-or.gov HOME OCCUPATION PERMIT TYPE II (HOP) 2006-000085 > JOHNSTON MUSIC INSTRUCTION< REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant expects to have 2 students per day, and cannot have more than 6 per day. No employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive; Washington County Tax Map 1S125DC, Tax Lot 2900. 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: CommunityDevelopment 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: DECEMBER 26, 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: �M Iv 503•119,1 2510 REQUEST FOR COMMENTS DATE: December 12,2006 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: E milya tigard-or.gov HOME OCCUPATION PERMIT TYPE II (HOP) 2006-000085 > JOHNSTON MUSIC INSTRUCTION< REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant expects to have 2 students per day, and cannot have more than 6 per day. No employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive; Washington County Tax Map 1S125DC, Tax Lot 2900. 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. 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: DECEMBER 26, 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: -- • r'TY OF TIGARD REQUEST FOP 'OMMENTS NOTIFICA. . LIST FOR LAND USE & COMMUNITY DE .JPM,_E�NT�A�PPLICATIONS FILE NOS.: H L ?Z_ c:- -. CDC)Q t.r• FILE NAME: �ni~vJ t ty1 17LI,rIG -C.LtS 'tni CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ' ast ❑South ❑West CITY OFFICES LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. POLICE DEPT./Jim Wolf,Crime Prevention Officer 'S[rBUILDING DIVISION/Mark(residential)Brian(commercial) _ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _PUBLIC WORKS/Matt Stine,Urban Forester ITY 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 S _ 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 #t _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(wLUN Form Required) _ Steven Sparks,Dev 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(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps a cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPANZOA) Larry French(Comp Plan Amendments Only) Routing CENWP-OP-G —CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 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(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) 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(General Apps.) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) —CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)MS to Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cevzooiMS14 1900 SW 4t''Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor aca)MS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. —WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911-(Mocewieruwms) Sam Hunaidi,Assistant District Manager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R 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 cs«rwpi«rvenco„u,o (It Protect is Within V.Mile 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 (MC030533) _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 20575 Vonnewmann Dr.,Suite 150 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«Map(oraeacnnuan Diana Carpenter(eoieEofna,v,v(w. 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 flt INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h\pattytmasters\Request For Comments Notification List.doc (UPDATED. 8-Nov-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: {(71.tk Apgo.ize Bo*Below) © NOTICE OF DECISION FOR HOP2006-00085/JOHNSTON MUSIC INSTRUCIION (Fde No/Name Reference) ❑ AME NDEDNOTICE ® 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 January 5,2007,and deposited in the United States Mail on January 5,2007,postage prepaid. .V7Iti-ed/ - .1 //, 0/dab (Person that Pre...-d Notice) STATE OF OREGON County of Washington ss. City of Tigard S� Subscribed and sworn/affirmed before me on the ? day of -J4hUa.f ,200g. 'J) a:L< DIANE Mr JELDERKS `) 1! `"■ COMMISSION NO.373021 MY COMMISSION EXPIRES SEPT.25,20071 i. A-41.' / '4/ / NO- ARY PUBLI• aF O' GON My Commission E sires: 7/Zs7 7 EXHIBITA • NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00085 • ■ JOHNSTON MUSIC INSTRUCTION DBA: NORTHWEST BAGPIPES TIGARD 120 DAYS = 3/27/2007 SECTION I. APPLICATION SUMMARY FILE NAME: JOHNSTON MUSIC INSTRUCTION FILE NO.: Home Occupation Permit (HOP) Type II HOP2006-00085 APPLICANT: Michael Johnston OWNER: Michael and Mary Ellen Johnston 7160 SW Ventura Drive Same as applicant Tigard,OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to provide bagpipe instruction. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant proposes to instruct 2 students per day. No employees 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: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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. HO132006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 1 OF 6 • CONDITIONS OF APPROVAL THE APPLICANT IS HEREBY NOTIFIED OF THE CONDITIONS BELOW. VIOLATION OF THESE CONDITIONS SHALL CAUSE THIS APPROVAL TO BE VOID. 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 home occupation is permitted no more than 2 students per day of operation. Music instruction shall be conducted indoors only and only one student shall be instructed at a time. The home occupation shall not receive visits between the hours of 10:00 PM and 8:00 AM. 3. The applicant/owner shall direct customers or clients who visit the site to park in the driveway and not utilize on street parking. Customers or clients shall not generate excessive traffic or monopolize on-street parking. 4. The applicant shall not receive more than 3 deliveries per week related to the home occupation. 5. The applicant is permitted 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. 6. The home occupation shall not create offensive noise at or beyond the property line of the home occupation site. The home occupation is also subject to the Municipal Code noise regulations (Section 7.40.160). If the home occupation violates City noise regulations, the home occupation permit will be void. 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. The City received one comment from a neighbor opposing the-hours of operation, concerned that bagpipe instruction for up to 6 students at one time will create a noise nuisance. The neighbor recommended the following(full comments are in the land use file for HOP2006-00085): 1) During the summer months (June to September), when residents are likely to be outside, hours of operation should be limited to 2 days per week. 2) The City should require lessons to be taught in a basement or in a room that is fully enclosed with the door and windows shut. The City should inspect the residence to ensure adequate room is available. 3) The City should test noise levels on site and permit the home occupation only after the test is conducted and heard at reasonable hours of operation. RESPONSE: While Type II Home Occupations are generally allowed up to 6 clients per day, the applicant proposes 2 students per day and will instruct no more than one at a time. In the interest of surrounding neighbors, the conditions of approval reflect the applicant's specific proposal. In addition, as later discussed in this decision, the home occupation code section 18.742.040.A.3 does not permit offensive noise at or beyond the property line of the noise source. The home occupation will also be subject to Municipal Code section 7.40.160, which regulates noise. If the home occupation violates City noise regulations, the home occupation permit will be void. 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 standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 2 OF 6 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 proposed music instruction will not have any effect on sewer, storm drainage, water or parks. Concerning traffic, the applicant indicates he will have up to two students per day during the proposed hours of operation,generating a maximum of 14 vehicle trips per week. No more than 1 student will visit at a time. Fourteen vehicle trips per week is not a significant increase in traffic for a neighborhood route, such as Ventura Drive. Concerning noise, the applicant indicates that a bagpipe can be heard about one-half way from the property line to the house on a quiet day, but that it can not be heard at the property line. In addition, if the proposed home occupation violates City noise regulations, the home occupation permit will be void. Public services are adequate to serve the home occupation. Therefore, the City is not requiring dedication of real property. Section 18.742.040 states that all home occupations except those that have proven non-conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by one of the property owners, who are the principal occupants of the property. Therefore,this criterion is met. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has not indicated how many deliveries he expects per week related to the business, but indicates he will not be selling any instruments or other music supphes. 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 applicant does not propose equipment or activity that would generate offensive noise,vibration, smoke, dust, odors, etc. Regarding noise, as discussed previously, the applicant indicates that a bagpipe can be heard about one-half way to the property line on a quiet day and that it can not be heard at the property line. In addition, if the proposed home occupation violates City noise regulations, the home occupation permit will be void. Therefore, this criterion is met or can be met by observing the conditions of approval for this decision. 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; The home occupation will be entirely inside a 2,150 square-foot home. The area used for music instruction will be 100 square feet. There will be no indoor storage related to the home occupation. Students purchase their own instruments and music supplies at a store or online and take them home after music instruction. The applicant indicates he will not sell instruments or other supplies. Therefore, the home occupation will occupy 5% of the entire home and will not exceed the area limit for a home occupation. This criterion is met. HO P2006-00085 JOHNSTON MUSIC INSTRUCTION P;1G1?3 OF 6 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 does not apply. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There will be only one home occupation at the subject site. The City does not have record of other home occupations at the subject site. Therefore, this criterion does not apply. 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 is met. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant indicates that clients may park in the driveway, which is 50 feet long. Because the applicant will instruct only one student at a time, the home occupation will cause no more than one additional car to be parked at the home at any one time. No street parking would be required. Therefore, this criterion is met. The following uses are not allowed as home occupations: (a) Auto-body repair and painting. (b) Ongoing mechanical repair conducted outside of an entirely enclosed building. (c) Junk and salvage operations. (d) Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses. Therefore, this criterion is met. 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; The owner will not be storing any vehicles related to the home occupation. 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; 110P2006-00085 COI I\S1O\ MUSIC I\SIRI'CI'IO\ PAGE 4 OF 6 4 0.. (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The above criteria are met or do not apply,as shown in the following. a) The applicant does not propose a sign; There will be no outside volunteers or employees working on the remises; c) As already discussed, the applicant expects 2 students per day and-no more than one at a time during the hours of 7 p.m. and 9 p.m. Monday, Tuesday and Thursday and 10 a.m. to noon on Saturday; and (d) The applicant does not propose any outdoor storage for the purposes of the home occupation. 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. 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 JANUARY 5,2007 AND EFFECTIVE ON JANUARY 23,2007 UNLESS AN APPEAL IS FILED. A al: e 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 hall 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. HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 5 OF 6 THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JANUARY 22, 2007. e tions: 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. C _ January 5,2007 PRE ARED L. ' '_y ' .g DATE Assistant Planner 1•47-11.7 January 5.2007 REVIEWED BY: Richard Bewersd r(ff DATE Planning Manag,r HOP2006-00085 JOHNSTON MUSIC INSTRUCTION PAGE 6 OF 6 21' � c D lLT 15' UPPER LEVEL ROOM Approverj 21' CITY OF 7IGARD Conditionally Approved...._ For only the work as described ti ..I< PERMIT NO. 8► See Letter to: Follow......... —z.._■�r Attach Job Address:_ ...............[ l 6y: --- bats:_1 - DIItIItC n13CHBx xbdz 7 BEDROOM lOON B�4 ', purl"•( LUTIL—i Jsol _ _ _ __ _. . 1 parl,..( : 37, dui I kil 44 MAIN BBDBdOLI BATH BBD1OII Si CA Q I T 32' 14' / 21' II I i I I I I � � _w�-- L CITY of TIGARD sT 7I_ GEOGRAPHIC INFORMATION SYSTEM ELMOOU ST � I VICINITY MAP Pill LLN EC ST I '� 9 _, _ 6 HOP2006 00085 BARBARA Q OHNSTON MUSIC •%o INSTRUCTION I I ) i ------\ :......>.1_, X nt /,- III OPIF ‘ii4o. , 017 iii -, I I $ VENT r Ai � � �4• I I - .- ' \ d Vi-r 1 6. .irk MP- ' 1 RG P- Ir .Ap. _ LOCUST ' I I I riiiiiimilliti Tigard Area Map I r A • ILg N ■ W III I �� MP .1 MAPLELEAF �■ 0 100 200 300 400 500 Feet ST =■ a■ _ •=386 teat pi 11 -1111 .'� .1• ' �� 11(1: 1:1) , . ST __ OAK OAK ST Information on this map is for general location only and should be verified with the Development Services Division. _I I 13125 SW Hall Blvd Tiga r rd,OR 97223 • I _� (503)8394171 1 = t httpJlwvnv.ci.tigard.or.us Community Development Plot date:Dec 7,2006;C:lmagicWIAGIC03.APR EXHIBIT Michael Johnston HOP2006-00085 7160 SW Ventura Drive JOHNSTON MUSIC INSTRUCTION Tigard, OR 97223 Bob Storer 7225 SW Ventura Drive Portland, OR 97223-1109 • AFFIDAVIT OF MAILING 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: {,i--k Amum..}1 (.)&4n © NOTICE OF DECISION FOR HOP2006-00085/JOHNSTON MUSIC INSTRUCTION (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 January 5,2007,and deposited in the United States Mail on January 5,2007,postage prepaid. /�� (Perso • 're. . •. Notice) STATE OF OREGON County of Washington ss. City of Tigard T Subscribed and sworn affirmed before me on the 31 S day of r9 ,200g V(l 1 O_FF`IC.�IA L SEAL 2 NOANE PM EC OER`K"N MCOMMISOMXR S SP252 0 0 7(1`f?) . D s/ N /Li PUBLI ye OREGON My Commission Expires: y EXHIBIT A NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00085 JOHNSTON MUSIC INSTRUCTION DBA: NORTHWEST BAGPIPES 120 DAYS = 3/27/2007 SECTION I. APPLICATION SUMMARY FILE NAME: JOHNSTON MUSIC INSTRUCTION FILE NO.: Home Occupation Permit(HOP) Type II HOP2006-00085 APPLICANT: Michael Johnston OWNER: Michael and Mary Ellen Johnston 7160 SW Ventura Drive Same as applicant Tigard,OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to provide bagpipe instruction. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m.to noon on Saturday. The applicant proposes to instruct 2 students per day. No employees 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: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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 JANUARY 5, 2007 AND BECOMES EFFECTIVE ON JANUARY 23, 2007 UNLESS AN APPEAL IS FILED. ADpe-al: 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 JANUARY 22, 2007. I es�tions: of r 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" j ( 1 1, t sminv) !_--_,'------"likirlik,\qgi , ST ■= .. . ,...!NI' • ,.—___ i WI -... 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10031 SW 71ST PL TIGARD, OR 97223 1S12500-02800 1S136AB-04000 SHERMAN PATRICK J WALTER ERIC B&NICOLE 7130 SW VENTURA DR 10066 SW 71ST PL TIGARD, OR 97223 PORTLAND,OR 97223 1S125DC-02100 S12500-101.6 SHKOLNIK MIKE SHI c ON SQUARE ESTATES 7025 SW VENTURA DR LO 'f NERS TIGARD,OR 97223 • 1S136AB-03700 1' 25DC-04801 SILCOX RICHARD L&BECKY A WA •I ON SQUARE ESTATES 10005 SW 71ST PL LOT %n RS PORTLAND, OR 97223 • 125DC-0100 WA IN ON SQUARE ESTATES LOT S 1S125DC-00900 WEBSTER DENNIS R& PHYLLIS ANN PO BOX 11229 PORTLAND, OR 97211 1S125DC-01600 WHITFORD ELEANOR A TRUST 7125 SW VENTURA DR PORTLAND,OR 97223 1S125DC-01900 WILLIAMS KEVIN C&AMY L 7065 SW VENTURA DR TIGARD,OR 97223 1S125DC-01300 WILSON LEE A& WILSON DAVID F& WILSON LORRAINE J 7185 SW VENTURA DR PORTLAND, OR 97223 1S136AB-01602 WORF ROGER WILLIAM& SUSAN OERTEL 14861 SW CITRINE LP BEAVERTON, OR 97007 1S136AB-03400 YAKE MICHAEL J &SHANNON G 7111 SW LOCUST ST TIGARD, OR 97223 1 S 125 D C-01400 ZIEGLER FREDERICK W AND BARBARA G 7165 SW VENTURA DR TIGARD, OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 9-Oct-06 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: F3 NOTICE OF PENDING LAND USE DECISION FOR HOP2006-00085/JOHNSTON MUSIC INSTRUC1'HON ❑ AMENDED NOTICE (File No./Narcie 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 December 13.2006,and deposited in the United States Mail on December 13,2006,postage prepaid. (Person.t Prepared otice) P STATE OF OREGON County of Washington ss. City of Tigard St Subscribed and sworn/affirmed before me on the 31 day of ,200& �!%'��; OFFICIAL SEAL J 9 `0 :;� NO AR YPUBLI ECON COMMISSION NO.373021 / 1 MY COMMISSION EXPIRES SEPT.25,20071 ((2Q.4tL )'i1' NOTARY PUBLIA(� OREGON My Commission .ues: 9/•2 s D 7 EXHIBIT..A 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 III ,, LAND USE APPLICATION HOME OCCUPATION PERMIT TIGARD DATE OF NOTICE: December 12,2006 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2006-00085 FILE NAME: JOHNSTON MUSIC INSTRUCTION REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m.to 9 p.m.on Monday,Tuesday and Thursday, and 10 a.m.to noon on Saturday. The applicant expects to have 2 students per day,and cannot have more than 6 per day. No employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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: CommunityDevelopment 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 DECEMBER 26, 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 Emilycatigard-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 JANUARY 8, 2007. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRIYIEN 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 SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. 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." iVLJET - iw':YIIiIiii VICINITY'MAP illmiii% �i. :, pulumirNSTRI T1( N.I 1 �m�� _=J►Nu,■� AIM 111111 alsitivign �i �� ��J11�1 �:�������IIIr��,i��ll� ii a•!1 Nola imano 1111 /111) !11 I EccUST - I J __L_ 1111191r ■■IU I4:1I� ■ E Nino JI!- mir 411111.1111 17ii • MI SHIN 14 = ---� .�. 19136A7 07 ARTITION PLAT CHAMBERLIIN ALLEN LINLEY EXHIBIT (6 OW F LOTS 1 &2 9777 SW 74TH TIGARD,OR 97223 1S136AB-04200 1S136AB-00702 AHUMADA RUBEN&MARISELA CLAUNCH BILL E& 7119 SW LOCUST ST CAMPBELL TRISHA D TIGARD, OR 97223 10125 SW 72ND AVE TIGARD,OR 97223 1 S125DC-00300 1S125DC-02700 ASH CREEK PROPERTIES LLC CRAWFORD TERRY N LIVING TRUST& 12655 SW NORTH DAKOTA ST CRAWFORD MARGARET K LIVING TRUST TIGARD, OR 97223 7100 SW VENTURA DR TIGARD,OR 97223 1 S 5DC-00400 15136AB-03900 AS CREE ROPERTIES LLC DAHME BRENDA D 12655 NORTH DAKOTA ST 10034 SW 71ST PL T RD, 97223 TIGARD,OR 97223 1S125DC-02500 1S136AA-07600 BERENTSEN DIANE G DEL ROSARIO DANILO E AND 7050 SW VENTURA DR MARIA ELENA TIGARD, OR 97223 7025 SW LOCUST ST TIGARD,OR 97223 15136AB-00701 1S136AA-08200 BLAND BARBARA J DIXON HEATHER L& 10095 SW 72ND PERILLOUX THOMAS R PORTLAND, OR 97223 10009 SW 70TH PL TIGARD,OR 97223 1 S 136AB-00500 1 S 136AB-04100 BOUDREAU PETER& FISH STEVEN F&ELISABETH BROWN-BOUDREAU GRETCHEN 10088 SW 72ND AVE 7320 SW LANDAU TIGARD,OR 97223 PORTLAND,OR 97223 15125 DC-02400 1S125DC-01700 BROWN RONALD& GARRETSON RALPH/JUANITA MELGREEN MELISSA 7105 SW VENTURA DR 7020 SW VENTURA DR TIGARD,OR 97223 TIGARD,OR 97223 1S136AA-07200 1S136AB-03800 BUTTICE MICHAEL& GERR KEITH R& THOMPSON-BUTTICE STEPHANIE ABRAHAM WENDY R 7063 SW LOCUST ST 10008 SW 71ST PL TIGARD, OR 97223 TIGARD,OR 97223 1 S 136AB-01601 1S125DC-05300 CASE SHERMAN L& MARY E GERTZ CONSTRUCTION CO INC 7108 SW LOCUST ST 19200 SW 46TH AVE TIGARD,OR 97223 TUALATIN,OR 97062 • 1S125DC-05100 1 S 136AB-00401 GE CO RUCTION CO INC IRVIN DARRELL B 19200 46TH AVE 7280 SW LANDAU T LATIN, 97062 TIGARD,OR 97223 1S125DC-05000 1S125DC-02600 G"TZ C• ISTRUCTION CO INC JAMES ALAN ESTATE OF 192014: 46TH AVE BY SUZANNE JAMES T •LA , OR 97062 7080 SW VENTURA DR TIGARD,OR 97223 1 S 125 D C-04900 1 S 125 DC-02900 G TZ C TRUCTION CO INC JOHNSTON MICHAEL R&MARY ELLEN 1920 46TH AVE 7160 SW VENTURA DR T LA OR 97062 TIGARD,OR 97223 1 125DC-05800 1 125DC-04700 G Z STRUCTION CO INC JO STO CHAEL R&MARY ELLEN 192.' 46TH AVE 7160 ENTURA DR T.ALATIN, •• 97062 T RD, R 97223 1S125DC-05201 1S136AB-00600 G -TZ C• 1STRUCTION CO INC KOHLMAN BRIAN H&SHAUNNA L 1920s • 46TH AVE 7307 SW LOCUST ST T •LATI ' OR 97062 PORTLAND,OR 97223 1S125DC-01500 1S136AA-07700 GONDEK CORY R LEE REYNOLD GEORGE 7145 SW VENTURA DR 7047 SW LOCUST ST TIGARD, OR 97223 TIGARD,OR 97223 1S136AB-06000 1S136A8-00101 HARDINGE LIVING TRUST LUSK P RUSSELL&SANDRA G BY HAL W&KRISTEN J HARDINGE TRS 7105 SW LOCUST ST 7431 SW GORDANA CT TIGARD,OR 97223 TIGARD,OR 97223 1S136AB-00200 1S125DC-02000 HARRINGTON CLAYTON &TERESA MCGEHEE-KELLY MARGO A&BRIAN A 10006 SW 72ND AVE 7045 SW VENTURA DR TIGARD, OR 97223 PORTLAND, OR 97223 1S136AB-03500 1S125DC-02200 HARS-WALTER JASON MONROE JAMES E 10097 SW 71ST PL 7005 SW VENTURA DR PORTLAND, OR 97223 TIGARD,OR 97223 1S125DC-01200 1S136AB-05900 HOBBS RONALD E AND JUNE E MORAN ANDREAS J 7205 SW VENTURA DR 7440 SW GORDANA CT TIGARD, OR 97223 TIGARD,OR 97223 • 1 S 125 DC-01800 1 S 136AB-01701 MORSE WILLIAM J/LOURENE J & SMITH CLAUDE I &PATRICIA M TRS STE MARIE CHERRILL 7130 SW LOCUST 7085 SW VENTURA DR TIGARD,OR 97223 TIGARD, OR 97223 1 S136AB-00400 1S136AB-03600 MULHEARN FRANCIS X&CHERYL A STEWART JOHN M&KAREN S 10055 SW 72ND 10061 SW 71ST PLACE TIGARD, OR 97223 TIGARD,OR 97223 1S136AB-00201 1S125DC-01100 NEWELL JERI JUNE STORER ROBERT A& 10060 SW 72ND AVE TOCCI-STORER BEVERLY A PORTLAND,OR 97223 7225 SW VENTURA DR TIGARD,OR 97223 15136AB-00700 1S136AA-07100 O'NEIL MICHAEL CARY TANZ GUY H AND 7211 SW LOCUST ST BADZIK KATHLEEN M E PORTLAND,OR 97223 7081 SW LOCUST TIGARD,OR 97223 1S136AB-00802 1S136AB-01703 PRICKETT FAMILY TRUST VASILOPOULOS MICHAEL& BY PRICKETT VERLE B SR/JOAN M TRS CHRISTINE PO BOX 1421 10170 SW 72ND AVE BORREGO SPRINGS,CA 92004 TIGARD,OR 97223 15136A8-00800 1S136A6-00301 P" CKETT F ILY TRUST VAZQUEZ JAIME AMILCAR JR BY •:I TT VERLE B SR/JOAN M TRS 7123 SW LOCUST ST PO '• 1421 TIGARD,OR 97223 B•RREG• .PRINGS, CA 92004 1S136AB-03701 1 136AA-10100 SANDER LEO ROBERT REVOCABLE VE U TATES OWNERS OF LIVING TRUST LOT 10031 SW 71ST PL TIGARD,OR 97223 1S125DC-02800 1S136A8-04000 SHERMAN PATRICK J WALTER ERIC B& NICOLE 7130 SW VENTURA DR 10066 SW 71ST PL TIGARD, OR 97223 PORTLAND,OR 97223 1S125D0-02100 S125DD-101sT SHKOLNIK MIKE ■•SHI ! ON SQUARE ESTATES 7025 SW VENTURA DR LO ' NERS TIGARD, OR 97223 • iS136AB-03700 1' 25DC-0480' SILCOX RICHARD L&BECKY A WA -1 ON SQUARE ESTATES 10005 SW 71ST PL LOT ,I't RS PORTLAND, OR 97223 125DC-0100 WA IN ON SQUARE ESTATES LOT S 1 S 125 DC-00900 WEBSTER DENNIS R&PHYLLIS ANN PO BOX 11229 PORTLAND,OR 97211 1 S 125DC-01600 WHITFORD ELEANOR A TRUST 7125 SW VENTURA DR PORTLAND, OR 97223 1S125DC-01900 WILLIAMS KEVIN C&AMY L 7065 SW VENTURA DR TIGARD, OR 97223 1 S125DC-01300 WILSON LEE A& WILSON DAVID F & WILSON LORRAINE J 7185 SW VENTURA DR PORTLAND,OR 97223 1 S136AB-01602 WORF ROGER WILLIAM& SUSAN OERTEL 14861 SW CITRINE LP BEAVERTON, OR 97007 1S136AB-03400 YAKE MICHAEL J &SHANNON G 7111 SW LOCUST ST TIGARD,OR 97223 1S125DC-01400 ZIEGLER FREDERICK W AND BARBARA G 7165 SW VENTURA DR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 9-Oct-06 • 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.: HOP2006-00085 Land Use File Name: JOHNSTON MUSIC INSTRUCTION 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) Z ( 3 Ve .&C ',-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 /(4-1L- day of PAAA ,20 06. ignature aPerformed Posting h \login\patty\masters\affidavit of posting for STAFF to post.doc JOHNSTON MUSIC INSTRUCTION HOME OCCUPATION PERMIT (HOP) 2006-00085 REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant expects to have 2 students per day, and cannot have more than 6 per day. .o employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive; Washington County Tax Map 1S125DC, Tax Lot 2900. 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. 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 @tigard-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. )/- -� I 69.1 \ �J CITY of TIGARD \ GEOGRAPHIC INFORMATION SYSTEM BARBARA) AREA NOTIFIED IA (500') I1 r . ,r. ``�`� FOR: Michael Johnston 151150100601 < RE: 1 S 125DC, 2900 111250000300 ril .8.F F/A I Tr 114 C' PI �, 1111111111111111 Property owner information._ -- VA a ,,.,01511110 is valid for 3 months from 1:50101600 1-1501111100 the date printed on this map. mamma 1 1150c015IS 115/11101 13vs0c01s o 230ca1100 likr 1517501009001750101100 I 11050001060 .0150111100 ■ VENTURA NN r 1317 III !101. huh i \\"\\ 1511511111" �12s 10401$ 5010101 • DR ! 1 111 131361100Y11 1fI51Af16111 161511608000 131360116000 131360100500 1 1300/006 ,31860100600 --- - 1117101177111 ISI7MYA11 NW -— 101361103001. _ I 1318 6110 0 111 _J W 1813641115911 _ 15pM108600 n- I518SYSMM 151161107101 1 r,Q 111515711 121361141111 A111M 151365100600 1113600000 1 01. I11NA011111 15/060012 I 1511 0051110701 131361103600 ••36000010 151360000/1 0 !` ^N A ST 74111/111 16156110108 J — 15136100110 11»611011Q 0 100 200 300 400 Feel .1E1501101441 I �J 7 _ U-'" 1"=269 feet w II II I / Q TICiARI) - • ST ( ` , Information on this map is for general location only and • 1 _I T _ should be verified with the Development Services Division. I _ 2 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 /3 I ---i—I-- in , - ht�:l/ww.v.ci.tigard.Cr.us Community Development Plot date:Oct 17,2006;C:\magic1MAGIC03.APR 1S136AA-07800 1S125DC-00600 19 7 ARTITION PLAT CHAMBERLIN ALLEN LINLEY OW F LOTS 1 &2 9777 SW 74TH TIGARD,OR 97223 1S136AB-04200 1S136AB-00702 AHUMADA RUBEN& MARISELA CLAUNCH BILL E& 7119 SW LOCUST ST CAMPBELL TRISHA D TIGARD, OR 97223 10125 SW 72ND AVE TIGARD,OR 97223 1 S 125DC-00300 1S125DC-02700 ASH CREEK PROPERTIES LLC CRAWFORD TERRY N LIVING TRUST& 12655 SW NORTH DAKOTA ST CRAWFORD MARGARET K LIVING TRUST TIGARD, OR 97223 7100 SW VENTURA DR TIGARD,OR 97223 is 25DC-00400 AS CREE ROPERTIES LLC DAHME BRENDA D 12655 NORTH DAKOTA ST 10034 SW 71ST PL T RD, 97223 TIGARD,OR 97223 1S125DC-02500 1S136AA-07600 BERENTSEN DIANE G DEL ROSARIO DANILO E AND 7050 SW VENTURA DR MARIA ELENA TIGARD, OR 97223 7025 SW LOCUST ST TIGARD,OR 97223 1 S 136AB-00701 1 S 136AA-08200 BLAND BARBARA J DIXON HEATHER L& 10095 SW 72ND PERILLOUX THOMAS R PORTLAND, OR 97223 10009 SW 70TH PL TIGARD,OR 97223 1S136AB-00500 1S136AB-04100 BOUDREAU PETER& FISH STEVEN F&ELISABETH BROWN-BOUDREAU GRETCHEN 10088 SW 72ND AVE 7320 SW LANDAU TIGARD,OR 97223 PORTLAND, OR 97223 1 S125DC-02400 1 S125DC-01700 BROWN RONALD& GARRETSON RALPH/JUANITA MELGREEN MELISSA 7105 SW VENTURA DR 7020 SW VENTURA DR TIGARD,OR 97223 TIGARD, OR 97223 1S136AA-07200 1S136AB-03800 BUTTICE MICHAEL& GERR KEITH R& THOMPSON-BUTTICE STEPHANIE ABRAHAM WENDY R 7063 SW LOCUST ST 10008 SW 71ST PL TIGARD, OR 97223 TIGARD,OR 97223 13136AB-01601 1S125DC-05300 CASE SHERMAN L&MARY E GERTZ CONSTRUCTION CO INC 7108 SW LOCUST ST 19200 SW 46TH AVE TIGARD, OR 97223 TUALATIN,OR 97062 1S125DC-05100 1S136AB-00401 GE CO RUCTION CO INC IRVIN DARRELL B 19200 46TH AVE 7280 SW LANDAU T LATIN, 97062 TIGARD,OR 97223 1S125DC-05000 1S125DC-02600 G-TTZ C• ISTRUCTION CO INC JAMES ALAN ESTATE OF 1920c: 46TH AVE BY SUZANNE JAMES T •LA , OR 97062 7080 SW VENTURA DR TIGARD,OR 97223 1S125DC-04900 1S125DC-02900 G TZ CO TRUCTION CO INC JOHNSTON MICHAEL R& MARY ELLEN 1920 46TH AVE 7160 SW VENTURA DR T LA OR 97062 TIGARD,OR 97223 1 125DC-05800 1$125DC-04700 G Z = STRUCTION CO INC JO STO CHAEL R&MARY ELLEN 192I • 46TH AVE 7160 ENTURA DR T•ALATIN, •- 97062 T RD, R 97223 1S125DC-0520' 1S136AB-00600 GE'TZ C• ISTRUCTION CO INC KOHLMAN BRIAN H&SHAUNNA L 1920P 46TH AVE 7307 SW LOCUST ST T. •LATI OR 97062 PORTLAND, OR 97223 1S125DC-01500 15136AA-07700 GONDEK CORY R LEE REYNOLD GEORGE 7145 SW VENTURA DR 7047 SW LOCUST ST TIGARD, OR 97223 TIGARD,OR 97223 1S136AB-06000 1S136AB-00101 HARDINGE LIVING TRUST LUSK P RUSSELL&SANDRA G BY HAL W&KRISTEN J HARDINGE TRS 7105 SW LOCUST ST 7431 SW GORDANA CT TIGARD,OR 97223 TIGARD, OR 97223 1S136AB-00200 1S125DC-02000 HARRINGTON CLAYTON&TERESA MCGEHEE-KELLY MARGO A& BRIAN A 10006 SW 72ND AVE 7045 SW VENTURA DR TIGARD,OR 97223 PORTLAND,OR 97223 1S136AB-03500 1S125DC-02200 HARS-WALTER JASON MONROE JAMES E 10097 SW 71ST PL 7005 SW VENTURA DR PORTLAND, OR 97223 TIGARD,OR 97223 1S1250C-01200 1S136AB-05900 HOBBS RONALD E AND JUNE E MORAN ANDREAS J 7205 SW VENTURA DR 7440 SW GORDANA CT TIGARD, OR 97223 TIGARD,OR 97223 1S125DC-01800 1S136AB-01701 MORSE WILLIAM J/LOURENE J& SMITH CLAUDE I&PATRICIA M TRS STE MARIE CHERRILL 7130 SW LOCUST 7085 SW VENTURA DR TIGARD,OR 97223 TIGARD. OR 97223 1S136AB-00400 1S136AB-03600 MULHEARN FRANCIS X&CHERYL A STEWART JOHN M&KAREN S 10055 SW 72ND 10061 SW 71ST PLACE TIGARD, OR 97223 TIGARD,OR 97223 1S136AB-00201 1S125DC-01100 NEWELL JERI JUNE STORER ROBERT A& 10060 SW 72ND AVE TOCCI-STORER BEVERLY A PORTLAND, OR 97223 7225 SW VENTURA DR TIGARD,OR 97223 1S136AB-00700 1S136AA-07100 O'NEIL MICHAEL CARY TANZ GUY H AND 7211 SW LOCUST ST BADZIK KATHLEEN M E PORTLAND, OR 97223 7081 SW LOCUST TIGARD,OR 97223 1S136AB-00802 1S136AB-01703 PRICKETT FAMILY TRUST VASILOPOULOS MICHAEL& BY PRICKETT VERLE B SR/JOAN M TRS CHRISTINE PO BOX 1421 10170 SW 72ND AVE BORREGO SPRINGS, CA 92004 TIGARD,OR 97223 1S136AB-00800 15136AB-00301 P CKETT F ILY TRUST VAZQUEZ JAIME AMILCAR JR BY I TT VERLE B SR/JOAN M TRS 7123 SW LOCUST ST PO 1421 TIGARD,OR 97223 B RREG PRINGS, CA 92004 1S136AB-03701 1 136AA-10100 SANDER LEO ROBERT REVOCABLE VE UR TATES OWNERS OF LIVING TRUST LOT - 10031 SW 71ST PL TIGARD, OR 97223 1 S125DC-02800 1S136AB-04000 SHERMAN PATRICK J WALTER ERIC B&NICOLE 7130 SW VENTURA DR 10066 SW 71ST PL TIGARD, OR 97223 PORTLAND,OR 97223 1S125DC-02100 S125DD-101/1 SHKOLNIK MIKE +•SHI e ON SQUARE ESTATES 7025 SW VENTURA DR LO NERS TIGARD, OR 97223 • 15136AB-03700 1• 25DC-04801 SILCOX RICHARD L&BECKY A WA -1 e ON SQUARE ESTATES 10005 SW 71ST PL LOT :A RS PORTLAND. OR 97223 • 125DC-01000 WA • IN ON SQUARE ESTATES LOT S 1 S125DC-00900 WEBSTER DENNIS R&PHYLLIS ANN PO BOX 11229 PORTLAND, OR 97211 1S125 DC-01600 WHITFORD ELEANOR A TRUST 7125 SW VENTURA DR PORTLAND, OR 97223 1 S125DC-01900 WILLIAMS KEVIN C&AMY L 7065 SW VENTURA DR TIGARD, OR 97223 1S125DC-01300 WILSON LEE A& WILSON DAVID F& WILSON LORRAINE J 7185 SW VENTURA DR PORTLAND, OR 97223 1 S136AB-01602 WORF ROGER WILLIAM& SUSAN OERTEL 14861 SW CITRINE LP BEAVERTON,OR 97007 1S136AB-03400 YAKE MICHAEL J &SHANNON G 7111 SW LOCUST ST TIGARD, OR 97223 1S125DC-01400 ZIEGLER FREDERICK W AND BARBARA G 7165 SW VENTURA DR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard. OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 9-Oct-06 10112/2006 16:43 5039772259 PAGE 01 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 i'I G A R.D PHONE: 503-639-4171 FAX: 503-624.3681 (Attn: Patty/Planning) %QUEST FOR 5c@•FT ° R RTY WNR MAILIE Ii - — - 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: / S / Z50C c2.' 0c6. 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 osta e on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of he proposed land use application and decision. The 2 sets at envelopes must be Kept separate. the person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON: 1ti LJ PHONE: 5tD36 -17c3 FAX:_ CO -� rz -z2sq EMAIL; �°' � � f=4,41.4. cacti( This request may be mailed, faxed or hand delivered to the ity o iBard. ease 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. -*EXAMPLE' f `COST FOR THIS REQUEST 4 sheets of labels x$2/sheet=$8,12 x 2 sets= $16.00 4/r. sheets)of labels x$21sheet-$ q x_2t,sets= 4/ 0 1 sheets of labels x$2/sheet for Interested parties x 2 sets= $ 4.00 7—sheet(s)of:abeis x$2lsheet for interested parties=$ . x sets= `"D GENERATE LIST = $11.00 GENERATE LIST = TOTAL = $31.30 TOTAL = 1S125DC-02900 JOHNSTON MICHAEL R&MARY ELLEN 7160 SW VENTURA DR TIGARD, OR 97223 APPLICANT MATERIALS • PRI4M HEIR BY CITY OF TIGARD PLANNING DIVI LAND USE PERMIT APPLICATION 1/FZ) City jTigxrd Permit Center 13125 S WHaII BM, Ti 4 O%, 223' 1 m 2006 Phone. 503.639.4171 Fax:503.598.196 Zi4IV,OPT�agRO File#t }fi-OP�-!TJ)�ij- 040 Other Case# /���IQ Date 0 , By IS - Receipt# 5-54-a-s. Fee 4174- Date Complete ME TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) ❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ❑ Conditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑ Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ,Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OOQJR(Address if available) 77 , w ge41r 06)1e__ TAX & AX LOT j 5 25a TOTAL SITE SIZE ZONING CLASSIFICATION it/eaxt) Le €.0r5, i2e5. APPLICANT' bid d JoS - ADDRESS/QTY/STATE/ZIP 716 C SO u #c' e 're.cd, R7-223 PHONE NO. FAX NO. PRIM 5 w 3 0 70 3 PHONE 54 3 -177-22_5g Mrs& Ca,t4-� 50- Z6 Y- R 703 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) tsk4 //e l otKCS rl ey co 4JJ6403,ADDRESS/QPDS ATE/ZIP PHONE 16� Sw �� oet Drtvo, et( c FAX ao 2z3 5(P1- 62.0- 1709 50)3- 177- 2297 *When 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)it,.J.,.1 ,4(Jid� 1,4541, ( 8W . 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 !7 ti► 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. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date .1PPLEMENTAL QUESTIONNAI TO APPLY FOR A HOME OCCUPATION PERMIT TYPE II, PLEASE ANSWER THE FOLLOWING QUESTIONS: Business Name: /kit:4 JJ`we. f go-ep/peS PROPOSAL SUMMARY: The owners of record of the subject property request approval of a Home Occupation Permit to allow lease be specific)? f / n f / > t-,S (J / e�is. �'�i ruc pan nCCas��r►a de o Sp d 7i, ,.$7 SPECIFICATIONS: Spec fy wh th you are using a detached building on your property and give the dimensions: 1. Will you have any paid employees or subcontractors working in the home in conjunction with the business who are not residents of the home? [+/No 0 Yes (If yes, please explain). 2. Will you have customers/clients coming to your residence? ar";es (If yes, how many per day?): 2 3. What will your hours and days of operation be? i),1 - frf t 'n ! /fis `/L2 A La 4. Will the business generate any noise which can be heard outside of the structure? No ,� ll // ( I Yes (If yes, please explain):l�i/��+'t SI-Je'r(f. GJe Dvt 11^42 tiP sc/avt^o.4d fas� itv-6.01 AciAA 1104y rtete. toiveriy 144,2 .0A a w e`F da . .cam �p 1�.ar// ed �e e y �I . 1 S square Cam ri6� a d 5. How many square feet is your resi ence an o many square feet will be devoted to the operation of your business, including storage areas? 2/5 6. Will you have any signs or advertising visible from the exterior of the premises? dNo []Yes (If yes, please explain). — 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 B. partially for the home occupation. 3 . - 201942/42(4=4id) STATE OF OREGON SS STEWART TITLE COMPANY r- inty of Washington .1 RETURN DOCUMENT TO DE .4EE BELOW s ji<1 „. I, Jerry R. Hanson,.Director of Assess- ment and Taxation and Ex-Officio County Clerk for said county, do hereby certify that the within instrument of writing was received STEWART TITLE and recorded in book of records of said county. AFTER RECORDING RETURN TO: iD MICKAEYJ R. JOHNSTON 7160 SW VENTURA DRIVE Jerry R. Hanson, Director of TIGARD OR 97223 Assessment and Taxation, Ex- Offiio Goo nty Clerk UNTIL FURTHER NOTICE, ALL FUTURE Doc : 96072351 TAX STATEMENTS SHALL BE SENT TO: Rect: 169865 260. 0C MICHAEL R. JOHNSTON 08/13/1996 02: 30: 50pm 7160 SW VENTURA DRIVE TIGARD OR 97223 TAX ACCOUNT NO. : R232153/R1243167 STATUTORY WARRANTY DEED CLEMENT 7 , TIN',ORRA conv:?.vs and warrants to MICHAEL R. JOHNSTCO &MARY ELLEN JOHNSTON,** Grantee, the following described real propert-v tree oi encumbrances except as specifically set forth herein situated in WASHINGTON County, Oregon, to-wit: **HUSBAND AND WIFE SEE EXFIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The said property is free from encumbrances EXCEPT: 1996-97 TAXES, A LIEN NOT YET PAYABLE; SUBJECT TO THE STATUTORY POWERS O? THE UNIFIED SEWERAGE AGENCY; RIGHTS OF THE PUBLIC TN AND TO ANY PORTION OF THE HEREIN DESCRIBED PREMISES LYING WITHIN THE BOUNDARIES or 72ND AVE; EASEMENTS, CONDITIONS, BY LAWS, RESTRICTIONS AND COVENANTS OF RECORD. NON VEHICULAR ACCESS STRIP AS DISCLOSED BY PLAT. ALSO SUBJECT TO LEVIES AND ASSESSMENTS OF THE WASHINGTON SQUARE ESTATES HOMESOWNERS ASSOCIATION. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 . 930 . The true consideration for this conveyance is $221 , 500 . 00 . az.el Dated this 1511- day of 1996. 44;1„ WASHINGTON COUJTY . CLEMENT R. KNORR , REAL PROPERTY TRANSFER TAX • $Rao? .00 67/06 Fff PAID STATE OF OREGON COUNTY OF WASHINGTON , personally appeared the above named CLEMENT'-f:. KNCiii and acknowledged the foregoing instrument to be his voluntary act and deed. A rN.k4olcbiLLA:la OFFICIAL SEAL 4111— ry (V1 icfor juoy HARRIS 'E OF OREGON NOTARY PUBLIC-.OREGON f COMMISSION NO.021307 My commission expires 3- ) MY CONIMIS:i;ON,a.EXPIRLS___FEB. L.,1_99,7 • EXHIBIT "A" Lot 22, WASHINGTON SQUARE ESTATES, in the City of Tigard, County of Washington and State of Oregon. TOGETHER WITH that portion of vacated S.W. Landau Street adjoining that attached thereto by Order No. 81-171, recorded September 1, 1981, Recorders fee no. 81-41824. • Proposal: Provide private music (bagpipe) instruction from my home. Students visit one at a time and I can only see a few students a few days a week after work from 7pm to 9pm. No street parking is required since the driveway is 50' long. 72nd Avenue runs down a steep hill into the circle with Ventura Drive. The house is placed about four feet above 72nd (see photo #1) and about twenty feet above Ventura (see photos #2 and #3). On a quiet day it is possible to hear the pipes playing about halfway down the driveway and about 2/3 of the way up the walk in front of the house. The pipes can not be heard from any of the property lines. Site Plan: I 3 6 C 1 •• • I I I I I I . • Ill Ventura Drive 128' if 120' Vacant n .- • K i 72nd Avenue Cedar Trees ...Ir ow- voI.I+Iw Nelp... • y ', * iArpis.'� Tt'K♦ • {r•.i�++7t V` . eV, a y, F + 1 § 4,•ff } `,.ti's•Y' , } " +�/ '� t. + •! i ,., ,.: �y . '.. .lam `a t• i' A.t F 4 •;�; k! 1 1W !'c .}> ; t. .p' + 4 ;7i �sSr. .q, c '�yyt dY .1,�.' r ,`�- a: A•r+.-, _ G r.. t 4 4f• 7C1 rrxt+:'++ y' 4} �. -e cs n 11 :,..,,,..,..,..,.1.:: J'+t e A �' .. - .: a ti .i 5 ••'6, • •,, 44441, .,-• —* • 4.. ,jy .K. 1 "+ I t'yl'"1X V `t _ _ •trlF• I. 'b{;Dw {.'• .... ` f t .. .L' '+o••*..7...;-.. , cOr•.:' •:',.. . . „„„ +.:',.,',-, - .CI'r`•A. '4»T/a;1•'�,,r.1 r ir+ e : ':;• " �. ,r I�• • 'ii ;' - ..... , , . . . -c , .t. ..1\lti..i'... ': O 0 ® O = s CL a ?ti j; ; littit `Ii�, li ? �e�• tt iii L f ''.Ty=:. 4 dam( `�.4.;f4e . , , ► w ... . : , .ti ,._, .. ,. f ` J, F .. )... . . .. '''',..40:-,* y 1 4r y{.. y� ,• •2: ` • ,i,r,fib' fry f k.,. t i 4 yyi j T M, . l`,'' 1 ' f �. F 4 l i tir ,.. 0 0 s O. 21' � • PLUI.T 15' UPPER LEVEL ROOM 21' 58' - DIINDiC raTenEN NOOE BEDROOM BOOM, C p ��.c ROOM 37 1 , 44' MAIN LEVEL BIM -q BBnzuni BIM BEDROOM 5' wawa 1 1 7' 32' 14' 21' i;,- _ Pr I14+ _ c C .= YJ1 n C 7 2 .e ?fl% CleanWater Services Fie NLmDe L06- 0032.33 i �. 0„, cv+nr7,Lt„,rnt :c r:Eric. Sensitive Area Pre-Screening Site Assessment Jurisdiction _ Date _ . ..�L!ZY- -- Map&Tax Lot f6„ Owner I.ic1_ct?Nws _ � Applicant Site Address r Company ��� �,�4 _� �e.t .� `t ._ J.2. Address 7> . I&2/df,t�t�w • Proposed Activity T4 hlst.uy „k _ City State Zip 1. 4 64 K 7 22. // idx Lii►ei o 11 -5 l-2.6�..°I?03 .3r.. Phone —AiN� _ Fax 503_4 1 P• 2.2 41 By submitting this torm 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. Ortdsl use enlr below thlt Tine w . "� = O}l c• riaan y slow rle ne Crin f only Wows,.Irne Y N NA Y N NA II -. Sensitive Area Composite Map (( , Stormwater infrastructure maps tE_) k4.�.�•' Map$__j Q... !.J [ -j K ass t fU2 Locally adopted studies or maps r i Other 1.J - 1 Specify y � c Speci Specify Based on a review of the above Information and the requirements of Clean Water Services Oesign and Construction Standards Resolution and Order No.04.9. D 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 SensitivoAreas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also oe required. Sensitive areas do not appear to exist on site or within 200' of the sits. This pre•screenl,g 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 049, Section 3.021, All required permits and approvals must be obtained and completed under applicable local, state, and rcder&law. g The proposed activity does not meet the definition of nevelopment. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER iS REQUIRED. Reviewer Comments: Reviewed Sy: Y- Lr- gLei'4L. Oats ._ 6/2.71Qt�i. — rt Official use only Post-it'Fax Note 7671 OutoIV 7 jee�gcs•/ I - R.turned to,4t�p!ic w To ry,�e544 , -e R `rii4k 1[ K+t,w„ mar QFc�_r_( i_ct.4ntrr (f` `pi! Co. G�t,4Is , _ I../ are _+1' a-13; 1 PltorlR 11 ahono 0 $'. - !` .POO ..�.... .__ .... 2 LAND USE PROPOSAL DESCRIPTION 120 DAYS = 3/27/2007 FILE NO.: HOME OCCUPATION PERMIT (HOP) 2006-00085 (Type II) FILE TITLE: JOHNSTON MUSIC INSTRUCTION APPLICANT: Michael Johnston OWNER Michael and Mary Ellen Johnston 7160 SW Ventura Drive Same as applicant Tigard,OR 97223 REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m. to 9 p.m. on Monday, Tuesday and Thursday, and 10 a.m. to noon on Saturday. The applicant expects to have 2 students per day, and cannot have more than 6 per day. No employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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. r DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: DECEMBER 12,2006 DATE COMMENTS ARE DUE: DECEMBER 26,2006 ❑ 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 Z STAFF DECISION (TENTATIVE) DATE OF DECISION: JANUARY 8,2007 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION Z VICINITY MAP ❑ LANDSCAPING PLAN ® EXISTING CONDITIONS ® SITE PLAN ❑ ARCHITECTURAL PLAN ® IMPACT STUDY ® NARRATIVE ❑ GEOTEC I-I REPORT ❑ OTHER STAFF CONTACT: Emily Eng, Assistant Planner (503) 639-4171 Ext. 2712 City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigara, OR 97223 IN December 5, 2006 • TIGARD Michael Johnston 7160 SW Ventura Drive Tigard, OR 97223 RE: Completeness Review-Johnston Music Instruction Home Occupation, Case File No. HOP2006-00085 Dear Mr.Johnston: The City has received your application for Home Occupation, Type II (HOP2006-00085). Staff has reviewed the materials and has determined your application to be complete as of November 27,2006. The review period is expected to take 6 weeks. Please be aware that staff has not yet reviewed your submittals for compliance with the development code and that the need for more information may arise during the review period. If you have any questions,please contact me at (503) 718-2712. Thank you. 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. LiTY OF TIGARD aJi PRE-APPLICATION CONFERENCE NOTES Community Development ShapingA Better Community CHI Of MAU.CANON (Pre-Application Meeting Notes are Valid for Six (6) Months) FFSIFID MG ME 9 6/2-c.c.6, F AFFRSAFR tit f~ NON-RESIDENTIAL APPLICANT: NG L-Auc I AGENT: Phone: 03) 4Sc - b' `13 cr Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 7 16 9 SIB Vt tu0 JJ r;✓ TAX MAP(S)/LOT #(S): 1.S 1 2 5 D C_ 0 Z 9 o c) NECESSARY APPLICATIONS: HH D P 1.1 - 1-foh. e Q v10,4(j'&v, l y re ii PROPOSAL DESCRIPTION: P rov,de r e? i C `o� P'F'�'J atiu COMPREHENSIVE PLAN MAP DESIGNATION: Lo'' ter de cJ ZONING MAP DESIGNATION: g - ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 3/O 1 MINIMUM LOT SIZE:7 (7° sq. ft. Average Min. lot width: Lc' ft. Max. building height: 3 O ft. Setbacks: Front )O ft. Side -5 ft. Rear (3 ft. Corner !_c ft. from street. MAXIMUM SITE COVERAGE: c) % Minimum landscaped or natural vegetation area: a %. 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 Cha, . 18.390) 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. 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. I I ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: I I 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. 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. J SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.130.010.BJ 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 (1/2) of the building's height; and • The structure will not abut a residential zoned district. [ I BUFFERING AND SCREENING (Refer to Code Chapter 18.7451 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 REQUIRE, BUFFER WIDTHS applicable to yon, .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: I LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.7051 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. I I RECYCLING [Refer to Code Chapter 18.7551 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. I I PARKING [Refer to Code Section 18.765.040] REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): 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. 7 LOADING AREA REQUIREMENTS [Refer to Code Section 18.165.0801 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 L - BICYCLE RACKS [Refer to Code ;lion 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. n SENSITIVE LANDS (Refer to Code Chapter 18.775) 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 18.775.080.C) When STEEP SLOPES exist, prior to issuance ofa 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 MANUAL/RESOLUTION & ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA 4 CORRIDOR PER SIDE5 • Streams with intermittent flow draining: <25% $ 10 to <50 acres 15 feet 0 >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% 0 10 to <50 acres 30 feet 0 >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 Vegetat Drridor: 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. CWS Service Provider Letter: PRIOR 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. n SIGNS (Refer to Code Chapter 18.780) 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 development review application. Alternatively, a Sign C'—ode ExcepTion application maybe filed for Director's review. TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.190.030.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; �1 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 tr€ -f the size cut is not reasonably ays le 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. I CLEAR VISION AREA (Refer to Code Chapter 18.7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway;-road/railroad, and road/roadin-tersections. 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. I I ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060) 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 2% TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 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 Map/Text 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) 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) -,X- 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 COMMENI &ftcc r4 c L G vvn moats 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 decisio. public hearing will typically occur a, iximately 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 +4GC+ih VS off . A basic flow chart which illustrates the review process is availabl -##om 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 approva . These pre-application notes do not-include-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). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related 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: CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-7291 X 277 I 2._ EMAIL (stairs urn name)©ci.tigard.or.us - or- . jov TITLE 18(CITY OF TIGARD'S COMMUNITY bEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:lpatty\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-Residental Application/Planning Division Section Additional Comments for Johnston Music Instruction 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) • May also address Municipal Noise Code (specifically, see 7.40.160.A.2 and D.2) Application Materials: Submit 3 copies of the following: • Application form with applicant and owner's signature • Proof of ownership (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 • 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) 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 PRE-APPLICATION • CONFERENCE REQUEST/V FD City cf Tigard Permit Center 13125 SW Hall Blvd, Tigard OR 97223 • Phi 503.639.4171 Fax:503.598.1960 1 2046 CIT y or GENERAL INFORMATION PANNING ENG/GAR f FiING Applicant jc�Cc c( J0 lVls-f /1 FOR STAFF USE ONLY Address: 7/ (,-) \left-Lt.*, Or Phone: 503152-Sq l f P ( 7" City 90.rc f Zip: 6l 7,7 Case No.: (r - (( Receipt No.: 4.219-0 `f cf ? Contact Person:/rata e{ Jo�IAS4GYI Phone: 503-x(52.813 Application Accepted By: . - Property Owner/Deed Holder(s):India e( G[Acl /1/(qfi Date: q((2-(“,,, Job 3 46,4 DATE OF PRE-APP.: Q/moo/v�O Address:7/60 SW V&tit,' Dr. Phone: 503-q52.-gg3q TIME OF PRE-APP.: q'O) City: �rafcl Zip: 112),3 PRE-APP.HELD W11}1 Rev.7/5/06 Property Address/Location(s): 7/60 5G) Ven'ty lat pt. c\nupin\masters\land use applications\Pre-App Request App.doc a rcA x'7223 REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): (Note: applications will ngt be accepted without the required submittal elements) Zoning: ❑ Pre-Application Conf.Request Form Site Size: 5 COPIES EACH OF THE FOLLOWING ZI Brief Description of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION site-specific questions/issues that you would like to have staff research prior to the All of the information identified on this form are required to be submitted by meeting' the applicant and received by the Planning Division a minimum of one (1) Tr Site Plan. The site plan must show the week prior to officially scheduling a pre-application conference date/time to proposed lots and/or building layouts drawn allow staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest A pre-application conference can usually be scheduled within 1-2 weeks of the streets; and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday subject property and across the street. mornings. Pre-application conferences are one (1) hour long and are typically Vicinity Map. held between the hours of 9:00-11:00 AM. The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN Topographic Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. If the Pre-Application Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affidavit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. Section 18.798.080 of the Tigard Community Development Code). 0' Filing Fee$362.00 CITY OF TIGARD 9/12/2006 lig 13125 SW Hall Blvd. 9:15:40AM Tigard,Oregon 97223 T I GA R D (503)639-4171 Receipt #: 27200600000000004475 . Date: 09/12/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2006-00074 [LANDUS] PreApp Conf 100-0000-438000 316.00 PRE2006-00074 [LRPF] LR Planning Surcharge 100-0000-438050 46.00 Line Item Total: $362.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check MICHAEL JOHNSTON ST 3252 In Person 362.00 Payment Total: $362.00 cReceipt.rpt Page 1 of 1 September 2006 October 2006 S M T W T F 8 / 8 M T W T F a 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 2 2 5 E 1 2 7 2 8 2 9 3 0 4 Tuesday, September 26, 2006 29 31 -Pre-Apps CD Meetings Early 8:00 AM 9:00 AM (9:00 AM - 10:00 AM) Pre-Application (Michael Johnston HOP II Music instruction 7160 SW Ventura Dr 452- 8939) 10:00 AM (10:00 AM- 11:00 AM) Ken Howell 503-481-5935 8345 SW Bonita Rd-Townhomes PD&SLR 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Late Tasks Notes Shi11ey Treat 1 9/12/2006-9:12 AM • Proposal: Provide private music (bagpipe) instruction from my home. Students visit one at a time and I can only see a few students a few days a week after work from 7pm to 9pm. No street parking is required since the driveway is 50' long. 72"d Avenue runs down a steep hill into the circle with Ventura Drive. The house is placed about four feet above 72"d (see photo #1) and about twenty feet above Ventura (see photos #2 and #3). On a quiet day it is possible to hear the pipes playing about halfway down the driveway and about 2/3 of the way up the walk in front of the house. The pipes can not be heard from any of the property lines. 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IIII UTIGARD s M Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd I Tigard,OR 97223 (503)639-4171 http://www.ci.Iigard.or.us Community Development Plot date:Sep 12,2006;C:lmagiclMAGIC03.APR ---- • • dI!iiiii1ibAtf111 l I 1 : 314 1 4R \, � �. - �� n'v .� H10L..f IlisiFej 4 in .4 li , Illa ( ;-;I, I '\1------- rail Mir -_�. _- , \ NW ------ .Ar Er_ ar....." 1/111 =PM , fik�r • I 1 • 1 , \ •-- ,---- " viip ... .111, ___,1 ';---,J �.�� \ ______�,:Et_1111IL s __ ammo 1 \ ! ) .__J , Mi. a ill' 1 \ \\77---- ----/ 1 WA 1 `, 11 W • lituiparsawar 0 4 Mil ' ‘ 7- ---' \ \ \\1, ___Wir_. 11404 IN ,\ \ \ NI 1 / ) 1 i - ,,,-- ■ Fel ■ a !mob= A \ --\ i ( i .1 I i i e' 1 EAU I 111 \ \ \ \ ' / .....aii 'lin : 0 L I \ \ \ \\\ V MI .PF, , i , , , i ■ ) //// ,_} \ 1 f r III aoc------ (-- ) \) r � 1►ri . i� � I ; ' I I I % Il i 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 T I GARD DATE OF NOTICE: December 12,2006 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2006-00085 FILE NAME: JOHNSTON MUSIC INSTRUCTION REQUEST: The applicant is requesting approval for a home occupation to provide private bagpipe music instructions. Proposed hours are 7 p.m.to 9 p.m.on Monday,Tuesday and Thursday,and 10 a.m.to noon on Saturday. The applicant expects to have 2 students per day,and cannot have more than 6 per day. No employees will be working in the home occupation. LOCATION: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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 DECEMBER 26, 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(c tgard-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 JANUARY 8, 2007. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI fIEN 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. A.IhR THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. 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." '1111 111 !.,1: imm0�% ........ ...... �� �, T_J �. , CICINITP MAP I, $- ,. . �,�''�,,,,,���IOHN$TON MUSIC NSTRC?CTIUN X11 icr�Jim :�■Ili�■����� 111111 „„,. Lai-v4111004 wow 2161111%Ilmountn9 42' IMO mit EMIR 1111111111-1111111111111 1112111p11,0 Jill ■ ilk �N °NEM INII �" a�a ■ �L."v 7, 1111! TIll !Phj Ill :1111111111'IM 'flahII ming .1 IN Inlall•111111111 - Eli.II_ EN.. • ! ���� - • nb u'• p a Dec 7.7004Vmpc GOSG OSSPPR Emily Eng - RE: Tigard HOP2006-00085 - Pa e 1 From: "Johnston, Michael" <michael.johnston©intel.com> To: "Emily Eng" <Emily @tigard-or.gov> Date: 1/3/2007 9:30:24 AM Subject: RE: Tigard HOP2006-00085 I checked with several manufacturers and the amount of inventory they wanted me to hold made it not worthwhile. If I sold two sets a year (which would be really aggresive), I would be holding on to $10k worth of instruments for five years. It did not sound like a worthwhile investment of my time and money. %michael From: Emily Eng [mailto:Emily @tigard-or.gov] Sent: Tuesday, January 02, 2007 4:32 PM To: Johnston, Michael Subject: RE: Tigard HOP2006-00085 By the way, in the application questionnaire, you indicate the home occupation will involve the occasional sale of a set of bagpipes. Are you no longer proposing this? Thanks, Emily >>> "Johnston, Michael" <michael.johnston©intel.com> 01/02 3:56 PM >>> Students under the age of 16 must be accompanied by a parent and the parent must be present in the house during instruction. There is no storage for the business, indoors or outdoors. Students purchase their own instruments from local or on-line stores, bring them to class, and take them home. I only provide a place to sit and walk around in my house. I do not sell any instruments, reeds, or books. There are no vehicles, or anything else, for this business. It is just music instruction. There is just an instructor, a student, an instrument, a place to march (living room), and a place to sit (dining room). I just need a place do some teaching outside of my normal band practices since I can only get my church hall one night a week. Tigard really needs to update the HOC rules since neither HOC-1 or HOC-2 apply to most private instruction situations. %michael Emil En - RE: Tigard HOP2006-00085 Page 2] From: Emily Eng [mailto:Emily @tigard-or.gov] Sent: Tuesday, January 02, 2007 3:35 PM To: Johnston, Michael Subject: Tigard HOP2006-00085 Hi Michael, I have a few questions about your home occupation application for bagpipe instruction: 1. Do you anticipate that students will drive themselves to your home or be dropped off by a parent? Or both? 2. Will there be any outdoor storage related to the business? 3. Will there be any indoor storage related to the business? If so, what is the square footage of the indoor storage area? 4. Will you be storing any vehicles on site related to the business? These relate to code criteria that were not specifically addressed in the application. If you could repond back by email, I'd appreciate it. Thanks. -Emily Emily Eng Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 www.ci.tigard.or.us T: (503) 718-2712 F: (501) 598-1960 NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2006-00085 _ '' JOHNSTON MUSIC INSTRUCTION ' TIG1Rf }3 DBA: NORTHWEST BAGPIPES 120 DAYS = 3/27/2007 SECTION I. APPLICATION SUMMARY FILE NAME: JOHNSTON MUSIC INSTRUCTION FILE NO.: Home Occupation Permit(HOP) Type II HOP2006-00085 APPLICANT: Michael Johnston OWNER: Michael and Mary Ellen Johnston 7160 SW Ventura Drive Same as applicant Tigard,OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to provide bagpipe instruction. Proposed hours are 7 p.m.to 9 p.m. on Monday,Tuesday and Thursday, and 10 a.m.to noon on Saturday. The applicant proposes to instruct 2 students per day. No employees 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: 7160 SW Ventura Drive;Washington County Tax Map 1S125DC,Tax Lot 2900. 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 JANUARY 5, 2007 AND BECOMES EFFECTIVE ON JANUARY 23, 2007 UNLESS AN APPEAL IS FILED. A&eal: 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. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JANUARY 22, 2007. 1 Forestions: tier information please contact the Plann4 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 Emily(Ttigard-or.gov. r� ,. �� ELL Link. � �ICTIL- T SI - 41 ..-mmo �ill '■� O 'N, , � I _i GOl5'�, '',,, ,, �` I TOHNSTON MUSIC IC e. • • INSTRUCTION 4ppm 7 [ ! AIP 1//M RIN II a t I i—S T <i,—i- iIr i • "I wa g/ii ginnin.11wganwe� ,.._ I [ .,,.•, 2. 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