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Planning Commission Packet - 09/03/1974 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. AGENDA TIGARD PLANNING COMMISSION Regular Meeting - September 3, 1974 Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 97223 PUBLIC HEARING - 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 3.1 Partial Minutes of August 20, 1974, Regular Meeting 4. PUBLIC HEARING - Conditional Use ,; 4.1 CU 8-74 (Woodard) (Continued from August 20, 1974, regular meeting) { A request by Gerald H. Woodard to allow an appliance repair shop as a conditional use within a C-3, General Commercial zone. Property is located at 12455 S. W. Main Street (Tax Map 2S1 2AB, Tax Lot 2800) . Staff status report 5. PUBLIC HEARING - Variance w,- 5.1 V 3-74 (Peters) A request by Ralph Peters to vary a required 10 foot front yard setback to 4. feet. Subject site is located on the southwesterly corner of the intersection of S. W. Main and Tigard Streets. Site comprises 8200 sq. ft. and is located in a C-3, General Commercial zone. (Tax Map 2S1 2AB, Tax Lot 3500) . Staff Findings Testimony and Cross Examination Staff Recommendation Commission Discussion and Action 6. PUBLIC HEARING - Subdivision Variance . 6.1 S 1-73 (Greenway Terrace) (Continued from August 20, 1974, regular meeting) Location: Westerly of S. W. 115th Avenue between Fonner and Gaarde Streets Staff Findings Testimony and Cross Examination Staff Recommendation Commission Discussion and Action 6.2 S 1-74 (Summerfield No. 5) Location: South of S. W. Summerfield Drive at S. W. 109th Avenue. Staff Findings Testimony and Cross Examination Staff Recommendation Commission Discussion and Action 7. SUBDIVISIONS- Minor Land Partitioning 7.1 MLP 5-74 (Pope) A request by Steven and Alice Pope for approval of a minor land partitioning on property located at 11825 and 11835 S. W. Tiedeman Street. Site comprises 1.81 acres. (Tax Map 151 34D, Tax Lot 5301) . Staff Findings Testimony Staff Recommendation .'' Commission Discussion and Action „,.= 7.2 MLP 6-74 (Andersen-Fought) A request by H. A. Andersen and Joseph M. Fought for approval of a minor land partitioning on property located west of S. W. 72nd, north of Circle A-W Products Co. and south of the Rolling Hill Subdivision. (Tax Map 2S1 DA, Tax Lots 800, 1200 and 3301) . Staff Findings Testimony Staff Recommendation Commission Discussion and Action 8. SUBDIVISIONS - Preliminary Plat Review 8.1 S 1-73 (Greenway Terrace) (Continued from August 20, 1974, regular meeting) Location: Westerly of S. W. 115th Avenue between Fonner and Gaarde Streets. Staff Findings Testimony Staff Recommendation Commission Discussion and Action PC Agenda - page 2 September 3, 1974 AC 9. MISCELLANEOUS 9.1 Sign Code Appeal SCA 4-74 (Dunkin Donuts) A request to vary a provision of Title 16, Tigard Municipal Code, with respect to the maximum square fa footage permitted for free-standing signs in commercial zones. Subject site is located at 11634 S. W. Pacific Highway, immediately south of the Family Drive-in Theatre entrance. Staff Findings Presentation by Applicant Staff Recommendation Commission Discussion and Action 10. OTHER BUSINESS 11. ADJOURNMENT PC Agenda - page 3 - September 3, 1974 c: MINUTES TIGARD PLANNING COMMISSION September 3, 1974 Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER A. The meeting was called to order at 7:30 p.m. 2. ROLL CALL A. All members with the exception of Chairman Whitter were present; staff member Brooks was also present. 3. APPROVAL OF MINUTES 3.1 The partial minutes of the August 20, 1974 regular meeting were not available for review by the Commission. (- 4. PUBLIC HEARING - Conditional Use 4.1 CU 8-74 (Woodard) (Continued from August 20, 1974, regular meeting) Request by Gerald H. Woodard to allow an appliance repair shop as a conditional use within a C-3, General Commercial zone. Property is located at 12455 S. W. Main Street (Tax Map 251 2AB, Tax Lot 2800) . A. The request was withdrawn by the applicant. 5. PUBLIC Hearing - Variance { 5.1 V 3-74 (Peters) A request by Ralph Peters to vary a required 10 foot front yard setback to 4 feet. Subject site is located on the south westerly corner of the intersection of S. W. Main and Tigard Streets. Site comprises 8200 square feet and is located in a C-3, General Commercial zone. (Tax Map 2S1 2AB, Tax Lot 3500) . A. Staff Findings 1. Staff presented slides of the site and read the staff findings as embodied in the staff report of September 3, 1974. 2. The following people spoke on behalf of the applicant: Charlotte Olson and Gerald Olson of 14345 S. W. Pacific Highway and Ralph Peters, applicant and owner of the subject property. The proponents of the pro- posed variance felt that the variance would enable the property to be used in the most efficient manner. Any space remaining upon the property will be made more efficient by the building being placed at an angle. This remaining space could be used to ful- fill the landscaping requirement. Charlotte Olson felt that without the variance the property could not be used, primarily because of the City's land- scaping requirements. 3. Brooks asked the proponents a question as to how they felt their property rights were being preserved by the placement of the building in the position shown on the submitted plan with the stated setback. Ralph J. Peters, owner of the property, responded. 4. Brooks asked several other related questions of the applicant and the applicant responded. B. Testimony and Cross Examination 1. The staff and Charlotte Olson discussed the status of S. W. Tigard Avenue as it passes over a corner of the site. Fred Anderson also responded. 2. General discussion ensued between the Planning Commission and the applicant and his representatives. 3. Ball asked if there weren't any reason the building couldn't be two (2) stories high. 4. Charlotte Olson responded that by constructing a two story building you would have more square footage requiring more parking spaces and the subject site does not allow for additional parking. 5. No one spoke in opposition to the request. C. Commission Discussion and Action 1. The staff recommended that because the applicant did not meet all four (4) of the conditions as described in the variance section of Title 18, that the appli- cation for variance from a 10 foot front yard set- Page 2 - PC Minutes - September 3, 1974 11 ., Y 1 a t'1 back to a 4 foot front yard setback in a C-3, General Commercial zone should be denied. The staff stated that they did not feel that there was i, substantial hardship in this particular case in terms of where the building could be located on t the site. 1', 2. There followed general discussion of the variance application among the Planning Commission members a and the staff. Hansen made a motion to approve a variance as requested. Mickelson seconded. Nicoli abstained from voting stating that he had a vested interest in the project. Barkhurst stated that 1` he felt findings regarding Planning Commission 1, action were necessary. Barkhurst requested that Hansen state his findings for his motion. Hansen s related that the small size of the lot, the code parking requirement were his findings. Barkhurst stated an additional finding stating that he felt that the existing adjacent building had a 4 foot f setback and that the applicant was trying to main- tain continuity with surrounding development. g. Barkhurst also stated that the continuity the appli- cant was trying to maintain had esthetic value which was in the public interest. Hartman stated that a hardship had occurred because of the taking apart of i, a lot for the use of So We Tigard Street, making the E lot smaller than it would be if S. W. Tigard Street did not exist. City's taking of the lot for the Cit 3. Ball stated that Y S. W. Tigard Street was irrelevant and that the parking requirement was not a basis for finding of hardship and that there was no adequate demonstration of using the property to eliminate the need for a variance; that esthetics are not relative to the consideration of variance and are not part of the ordinance criteria. Ball went on to state that i. the esthetic issue was proper concern for the Design Review Board and not a concern of the 1 Planning Commission. He summarized by stating there had been an inadequate showing by the appli- I cant with regard to the criteria necessary for proof of variance. He stated that he would vote in opposition to the motion. 1 4. The motion passed on a 4 to 3 roll call vote with f Ball, Hartman, Sakata voting no and Barkhurst; Mickelson, Hansen and Popp voting aye. Nicoli , abstained. Page 3 - PC Minutes - September 3, 1974 " 4 6. SUBDIVISION VARIANCE 6.1 S 1-73 (Greenwood Terrace) Location: Westerly of S. W. 115th between Fonner and 4'• Gaarde Streets E� A. Staff Findings 1. Brooks presented the staff findings relative to the case. B. Testimony and Cross Examination 1. Dave Evans of Wilsey and Ham Engineers testified for the applicant saying they agreed with the findings of the staff report. C. Staff Recommendation 1. Staff recommended approval of the variance request. D. Commission Discussion and Action 1. Barkhurst moved for approval of the variance request based upon the findings presented by staff. Nicoli seconded and the motion passed by unanimous vote of the Commission present. 6.2 S 1-74 (Summerfield) Location: South of S. W. Summerfield Drive at S. W. 109th Avenue A. Staff Findings 1. Brooks presented the staff findings relative to this case. B. Testimony and Cross Examination 1. Mel Erikson of 15200 S. W. 109th asked where 109th would come into S. W. Summerfield Drive. C. Staff Recommendation 1. Staff recommended approval of the variance request. D. Commission Discussion and Action 1. Barkhurst moved to approve the variance request based upon the findings presented by staff. Nicoli seconded and the motion passed by unanimous vote of the Commission present. Page 4 - PC Minutes - September 3, 1974 7. SUBDIVISIONS - Minor Land Partitioning gar IL 7.1 MLP 5-74 (Pope) A request by Steven and Alice Pope for approval of a minor land partitioning on property located at 11825 and 11835 S. W. Tiedeman Street. Site comprises 1.81 acres. (Tax Map 1S1 34D, Tax Lot 5301). A. Staff Findings 1. Brooks presented the staff findings relative to this F' case. III B. Testimony 1. Steven Pope explained the proposed minor land partitioning and said that he had complied with the City's standards at the time of his previous construction. C. Staff Recommendation 1. Staff recommended approval of the applicant's proposed minor land partitioning subject to the satisfaction of three (3) conditions. D. Commission Discussion and Action 1. Hansen moved to approve the requested partitioning to include the following staff-recommended conditions: a) That the newly created lot containing the duplex dwelling structure contain a minimum of 8000 sq. feet after dedication of any required right-of- way for S. W. Tiedeman Street. b) That the subject property owner(s) dedicate to the public 10 feet of additional right-of-way parallel and adjacent to S. W. Tiedeman Street for the future improvement of S. W. Tiedeman to City collector street standards. c) That the subject property owner(s) shall agree to participate in a local improvement district for the purpose of improving S. W. Tiedeman to City collector street standards and said owner(s) ' shall execute a recordable covenant herewith. 2. Barkhurst seconded and the motion passed by unanimous vote of the Commission present. 7.2 MLP 6-74 (Andersen & Fought) A request by H. A. Andersen and Joseph M. Fought for approval Page 5 - PC Minutes - September 3, 1974 Mt of a minor land partitioning on property located west of S. W. 72nd, north of Circle A-W Products Co. and south of the Rolling Hills Subdivision. (Tax Map 251 DA, Tax Lots 800, 1200 and 3301) . A. Staff Findings 1. Brooks presented the staff findings relative to the case. B. Testimony 1. Lew Gilham, the project architect, spoke for the applicant. C. Staff Recommendation 1. Staff recommended denial of the applicant's request. D. Commission Discussion and Action 1. Ball moved that the minor land partitioning be denied and that a major land partitioning be required. 2. Sakata seconded and the motion passed by unanimous vote of the Commission present. 8. SIGN CODE 'APPEAL SCA 4-74 (Dunkin Donuts) A request to vary a provision of Title 16, Tigard Municipal Code, with respect to the maximum square footage permitted for free-standing signs in commercial zones. Subject site is located at 11634 S. W. Pacific Highway, immediately south of the Family Drive-In Theatre entrance. A. Staff Findings 1. Brooks presented the staff findings relative to the case. B. Staff Recommendation 1. Staff recommended denial of the applicant's request. C. Commission Discussion and Action 1. Ball moved to deny the applicant's request and Mickelson seconded. The motion passed by unanimous vote of those members present. 9. ADJOURNMENT A. The meeting was adjourned at 10:03 p.m. Page 6 - PC Minutes - September 3, 1974 TIGARD PLANNING COMMISSION Staff Report September 3, 1974 Agenda Item 6.1 S 1-73 (Greenway Terrace) (Continued from the August 20, 1974, regular meeting) Subdivision Variance For property located westerly of S. W. 115th Avenue between Fanner and Gaarde Streets. Applicants Fred Trueax, Leota J. Fritz, Al Began Applicants ' Request The applicants have revised their request for variances from the standards of Title 17. The applicants request approval of the following variances from the standards of Title 17: Section 17.28.110 cul-de-sacs 1. Cul-de-sac length: variances from a maximum cul-de-sac length of 600 feet to 1500 feet. Section 17.44.040 sidewalks 1. Sidewalks adjacent curbs: variance from sidewalks required adjacent property lines to sidewalks located adjacent curbs. Staff Findings 1. Please note the attached revised letter of justification dated August 30, 1974, describing proposed variances. Please also note the revised Greenway Terrace Preliminary Plat. 2. Please note the attached minutes of the April 17, 1973, Planning Commission regular meeting. At said meeting the Planning Commission acted to approve a similar plat. 3. The staff, on September 3, 1974, contacted Mr. David Schulz of 11805 S. W. Gaarde Street and owner of tax lots 3700, 3900 and 4000 on County Tax Map 2S1 3CD. Mr. Schulz's property is located directly south of the sub- ject site, is proposed for further subdivision and pro- vides the only possible southerly egress from the sub- ject subdivision. Mr. Schulz stated to staff that prior to the sewer moratorium he had considered submitting a preliminary plat for his property. However, the sewer ti moratorium caused him to delay filing of a preliminary plat. He stated he desires to file a preliminary plat k. at some future time and that when this occurs he an- ticipates a roadway through his property connecting to S. W. Gaarde Street. Such a roadway would connect to the westerly street proposed by the subject preliminary plat. 4. Upon examination of the subject revised application for exception as compared to the findings required by Section 17.48.020 (TMC) , the following findings can be made: o While the subject site is not particularly unusual compared to other properties similarly situated, the site does have moderately steep topography and limited alternates for access to adjacent streets. The surround- ing area is totally built up with single family houses, leaving no alternate routing for an interconnected street pattern. The only two options available involve property to the south of the subject site or involve steep topography, requiring considerable expense for a street extension. o The variances requested are necessary to preserve a substantial property right of the owner. The appli- cant states the construction of a roadway connection within the proposed subdivision would increase develop- ment costs 10% to 15% or 20% to 25%, when considering the necessary elimination of two lots for the roadway. Approximately 15 feet of fill would be needed to make a crossing of the greenway area. If a variance for the cul-de-sac length were not granted, the applicant would either significantly increase development costs or cause a large portion of property not to be developed. o Authorization of the proposed variances are not detri- mental to the public safety nor injurious to property owners in the same vicinity. The proposed 1500 foot cul-de-sac will generate approximately 340 vehicles per day. The street and cul-de-sac will be constructed to city standards. The adjacent southerly property owner has stated he intends to extend a roadway that would connect the subject site with S. W. Gaarde St. , thus eliminating the cul-de-sac and creating a temporary situation. The cul-de-sac length variance does not conform to the Tigard Community Plan which states recommended cul-de-sac length standard of 400 feet maximum. o The applicant's proposed variances are consistent with all other provisions of Titles 17 and 18. Adequate provision has been made for adequate traffic circulation, recreation and open spaces. The applicant's proposals have been reviewed by the Tualatin Rural Fire Protection PC Staff Report - 9/3/74 - page 2 - item 6.1 District. Staff Recommendation Approval of the applicant's revised variance request. { 9 9 tl . i j: ki r PC Staff Report - 9/3/74 page 3 - item 6.1 TIGARD PLANNING COMMISSION Staff Report September 3, 1974 Agenda Item 6.2 S 1-74 (Summerfield No. 5) Subdivision Variance For property located southerly of S. W. Summerfield Drive at S. W. 109th Avenue Applicant Tualatin Development Company Applicants Request Approval of the following variances from the standards of Title 17. Section 17.28.040 Minimum right-of-way width 1. Cul-de-sac right-of-way width: Variance from a required 50 foot radius to a 40 foot radius adjacent lots 241 through 245. 2. Cul-de-sac paving width: Variance from a required 34 foot radius to a 31 foot radius adjacent lots 241 through 245. 3. Street paving width: Variance from a required 34 foot paving width to a 32 foot paving width. Section 17.28.080 Intersection Angles 1. Twenty-five feet of tangency at intersections: Variance from a required 25 feet of tangency to 20 feet. Section 17.28.110 Cul-de-sacs 1. Length: Variance from 600 foot maximum length to a 700 foot length. 2. Right-of-way radius: Variance from a required 50 foot radius to a 16 foot radius. Section 17.28.130 Grades and Curves 1. Center line radii of curves: Variance from a required 100 foot radius to a 63.48 foot radius. 17.32.030 Easements 1. Easement widths for utilities: Variance from required 10 foot easement centered on rear or side lot lines to 5 foot easement, centered same. 17.44.040 Sidewalks 1. Width: Variance to a proposed 4 foot width where 5 feet is required. 2. Adjacent Property Line: Variance from a requirement that sidewalks be placed adjacent the property line to side- walks placed adjacent curb. Staff Findings 1. The variances described herein are for a preliminary plat submitted as a development phase of the "Summerfield" planned development project. A Planned Development District ordinance (#73-5) for the subject property was adopted by the City Council on February 12, 1973. 2. Refer to Section 17.28.020 for findings required for a Planning Commission decision on the subject case. 3. Please note the attached letter from the Tualatin Rural Fire Protection District. A summary of their position is as follows: o No variance should be granted for a paving width less than 32 feet. o The turning radius for fire department vehicles must be a minimum of 40 feet from center pin to curb line. (Note: The Tigard Municipal Code standard for this dimension is 34 feet) . o A service road for fire dept. vehicles should be pro- vided at the end of S. W. Highland Court. 4. Please note the attached letter from Harris-McMonagle Associates, representatives of the Tualatin Development Company, requesting variance of certain code items and stating justification for the requested variances. 5. The staff has reviewed the applicant' s variance requests and has found additional variance items. These have been included in the "applicant's request" section of this staff report. 6. The applicant's development is located within an approved Planned Development District. The Planned Development District is intended to "create a more desireable environ- ment through the application of flexible and diversified land development standards under a comprehensive plan and PC Staff Report - September 3, 1974 - page 2 — Item 6.2 • program professionally prepared. " The proposed street layout conforms to the approved "general development plan and program" and exceeds the general street standards described by said program. The land use has been changed from attached townhouses to detached single family dwellings. Inasmuch as the subject plat is a part of development within a planned development district, with the purpose of en- couraging innovative development standards, there are special circumstances affecting the subject property which , are unusual and peculiar to the subject site as compared to similarly situated lands. 7. The Planning Commission has previously approved a site plan for an apartment complex directly west of the subject site. A golf course, as shown on the "general development plan and program" is located directly to the east. A limited space is available between these two approved or existing facilities. The variances requested are the minimum re- quired for the preservation of a substantial property in- terest of the applicant. 8. The granting of the requested variances will not be detri- mental to the public health, safety or welfare, nor con- stitute a departure from the Tigard Community Plan, with the following exception: o The Tigard Community Plan states: "The following stan- dards are recommended for local streets: cul-de-sacs 40 foot radius minimum turn-around and 400 foot maximum length (Note: An emergency access way was required at the end of S. W. Highland Court when the Planning Commission approved the site plan for the Summer- field Phase 1 apartments. This access should help alleviate the need for a larger cul-de-sac on said street) . 9. The applicant' s variance proposals are consistent with all other regulatory requirements of Title 17 and 18, Tigard Municipal Code and adequate provision has been made for traffic circulation, recreation, open spaces. The approp- riate fire district has been considered in said variances and responded by letter submitted as a part of this staff report. Staff Recommendation Based upon the above findings, approval of the requested ! variances. PC Staff Report - September 3, 1974 - page 3 - Item 6.2 ��I TIGARD PLANNING COMMISSION Staff Report I September 3, 1974 Agenda Item 5.1 V 3-74 (Peters) Variance On a site located on the southwesterly corner of the inter- section of S. W. Main and Tigard Streets. Site comprises 8200 sq. ft. and is located on a C-3, General Commercial zone. Applicant Ralph Peters Applicant's Request Approval to vary a front yard setback from a required 10 feet to 4 feet. Applicant's Proposal To construct an office building on the subject site. Staff Findings 1. Please note the attached letter of justification from the applicant. A vicinity map is also attached as well as a site plan of the subject site. 2. No variance can be approved by the Planning Commission un- less all conditions described by Section 18.76.020, Tigard Municipal Code, are met by the applicant's proposal. 3. The applicant states the requested variance is necessary to better utilize the site for the required parking; that the proposed building would have a more interesting appearance by not paralleling S. W. Main Street; that the proposed building will not be injurious to property values in the vicinity and that the proposed building will meet all other code requirements of the City of Tigard. 4. The building, as proposed, would require 9 parking spaces. Seven spaces are proposed. The building could not be lo- cated at any other location on the site to provide in- creased parking. The requested setback is necessary to provide maximum parking. 5. The subject site comprises approximately 8200 square feet. S. W. Tigard Street covers the northeast corner of the site, thus reducing the true lot size. PC Staff Report - Sept. 3, 1974 - page 1 - Item 5.1 6. Exceptional circumstances apply to the subject site be- cause of its relatively small size. 7. The authorization of this variance would not be detri- mental to the purposes of Title 18, Tigard Municipal Code, injurious to other properties in the same zone or vicinity or otherwise detrimental to the Tigard Community Plan. 8. The variance requested is the minimum necessary to alleviate f; the hardship. f' 9. Staff would like to question owner further considering the preservation of his property rights by granting of the variance. Staff Recommendation Withhold, pending questioning of the applicant by staff at the September 3, 1974, Planning Commission regular meeting. is LL PC Staff Report - September 3, 1974 p p , - page 2 - Item 5.1 t TIGARD PLANNING COMMISSION r, Staff Report September 3, 1974 Agenda Item f.1 S 1-73 (Greenway Terrace) (Contined from the August 20, 1974, regular meeting) Subdivision Variance For property located westerly of S. W. 115th Avenue between Fonner and Gaarde Streets Applicants Fred Trueax, Leota J. Fritz, Al Began Applicants ' Request The applicants have revised their request for variances from the standards of Title 17. The applicants request approval of the following variances from the standards of Title 17: Section 17.28.110 cul-de-sacs 1. Cul-de-sac length: Variances from a maximum cul-de-sac length of 600 feet to 1500 feet. Section 17.44.040 Sidewalks 1. Sidewalks adjacent curbs: Variance from sidewalks required adjacent property lines to sidewalks located adjacent curbs. Staff Findings 1. Please note the attached letter of justification for the proposed variances and also the revised Greenway Terrace Preliminary Plat. 2. Staff will submit a complete staff report at the September 3, 1974, regular meeting. TIGARD PLANNING COMMISSION Staff Report AV September 3, 1974 Agenda Item 4.1 CU 8-74 (Woodard) (Continued from August 20, 1974, regular meeting) Conditional Use For property located at 12455 S. W. Main Street. (Tax Map 2S1 2AB, Tax Lot 2800) . Applicant Gerald H. Woodard Applicant's Request Approval of a conditional use within the C-3, General Commercial zone to conduct an appliance repair business. Applicant's Proposal To conduct an appliance repair business on the subject property. Staff Findings The applicant met with staff on August 27, 1974, stating that the owner of the subject property had withdrawn his offer of a lease. Consequently the applicant stated he wished to withdraw his current application and perhaps submit a new application on another site. The applicant also stated he was aware of the date of the Planning Commission' s August 22, 1974, meeting. Staff Recommendation Acceptance of the applicant's request to withdraw the subject application for conditional use. TIGARD PLANNING COMMISSION Staff Report September 3, 1974 Agenda Item 9.1 SCA 4-74 (Dunkin Donuts) Sign Code Appeal For property located at 11634 S. W. Pacific Highway, immediately south of the Family Drive-In Theatre entrance. Applicant Dunkin Donuts, represented by Federal Sign and Signal Corp. Applicant's Request To erect a sign exceeding the sign area requirements of Title 16, Tigard Municipal Code. Applicant's Proposal To erect a 4' 6" x 12' sign on property proposed to have an additional free-standing sign. ( _ Staff Findings 1. The subject site contains two "take-out" food operations now under construction. One is Dunkin Donuts; the other is Taco Bell. As per Section 16.36.040, Tigard Municipal Code, only one free-standing sign is permitted for prop- erties with less than 300 feet of street frontage and having only one frontage. The site has one street front- age of 125 feet along S. W. Pacific Highway, allowing a multi-faced sign of 175 square feet maximum. The appli- cant proposes a separate sign for Dunkin Donuts of approxi- mately 149 square feet. 2. An additional free-standing sign is proposed for the ad- jacent Taco Bell restaurant. 3. The staff has attempted, unsuccessfully, to encourage Dunkin Donuts and Taco Bell to participate jointly in a single free-standing sign. 4. Section 16.34.020, Tigard Municipal Code, states, "The Planning Commission may grant a variance from the pro- visions of this title based on findings that due to practical difficulties, undue hardships or inconsistencies with the objectives of this title, the strict or literal interpretation and enforcement of a specific requirement hereunder should be waived or modified. " 5. Please note the attached correspondence from the appli- ,' cant's representative. 6. The applicant has not submitted sufficient proof on which to base findings consistent with Section 16.34.020, Tigard Municipal Code. Staff Recommendation Denial of the applicant's request. • PC Staff Report - September 3, 1974 page 2 - Item 9,1 TIGARD PLANNING COMMISSION Ar Staff Report September 3, 1974 Agenda Item 7.2 MLP 6--74 (Andersen-Fought) Minor Land Partitioning For property located west of S. W. 72nd Avenue, north of Circle A-W Products Co. and south of the Rolling Hills Subdivision. (Tax Map 2S1 DA, Tax Lots 800, 1200 and 3301). Staff Findings 1. A representative of the applicant, Arland Andersen, stated to staff on August 29, 1974, that Andersen-Fought will be leasing the building to Butler Tire and Battery Co. Mr. A. Andersen also stated he had another potential client who was considering purchase of a parcel within the subject site and adjacent the railroad tracks. The architect for Butler Tire & Battery, Mr. Louis Gilham, stated to staff that Butler Tire & Battery Co. would be leasing 5 acres from .Andersen-Fought and, in fact, a 5 acre line is shown on the site plan for the Butler Tire & Battery project. Staff was also informed by Mr. Gilham that Butler Tire & Battery was considering a 7 or 8 year lease with an option to buy at the end of the 7-8 year period. Section 17.24.010 of the minor land partitioning section of Title 17 states: "A tract of land or contiguous tracts un- der a single ownership within the city shall not be par- titioned into two or more parcels for transfer of owner- ship, development or for any other purpose so as to con- flict ±, with the requirements of this title. " It appears the applicant is considering partitioning of land. The staff has no positive evidence in writing of the applicant' s future intent. Consequently the staff recommends the following course of action: 1. Planning Commission determination if subject case is a minor land partitioning. ?. 2. Planning Commission determination if street is required. Staff will make verbal presentation of the facts of the case at the September 3, 1974, Planning Commission regular meeting. ��33r '�zw TIGARD PLANNING COMMISSION Staff Report September 3, 1974 Agenda Item 7.1 MLP 5-74 (Pope) Minor Land Partitioning For property located at 11825 and 11835 S. W. Tiedeman St. (Tax Map 1S1 34D, Tax Lot 5601) . Staff Findings 1. The site currently contains one duplex structure. The applicant proposes to sell said duplex structure on a separate tax lot, creating an 8000 square foot lot. Please note the applicant's attached sketch and tax map. 2. S. W. Tiedeman is classified a collector street in the Tigard Community Plan, requiring a minimum 60 feet of right- of-way. The applicant states the existing structure was constructed 20 feet from the existing right-of-way line of S. W. Tiedeman. S. W. Tiedeman currently has a 40 foot right-of-way. The staff has confirmed the applicant's contention that the existing structure is currently 20 feet from the existing right-of-way line. A dedication of 10 feet would leave the existing structure with a 10 foot front yard setback. The portion of the structure closest to the right-of-way is a carport structure projecting from the dwellings, 3. "The Meadow" subdivision, directly across S. W. Tiedeman from the subject site, was platted in September, 1965, with a 5 foot street dedication for S. W. Tiedeman. 4. The recommended traffic circulation plan for the Greenburg- Brookside Neighborhood estimates 4200 vehicles per day will use S. W. Tiedeman at ultimate development. The Tigard Community Plan's collector street standard is designed to carry 1000 to 6000 vehicles per day. 5. The rear portion of the subject property is located with- in the flood plain of Fanno Creek. 6. The creation of a new land parcel will not conflict with existing easements as shown on the applicant' s sketch map. 7. No dedication of land or easements for roads or streets will be necessary. The created parcels will both have substantial frontage along S. W. Tiedeman, a public street. • a 8. The Tigard Community Plan designates the subject site as greenway. Said site has been filled to a level near the elevation of the 100 year flood. The area directly across Fanno Creek is designated Urban Low Density Residential in the Tigard Community Plan. The existing use conforms to this designation and is compatible with existing ad- jacent residential uses. The site is R-7, Single Family Residential. 9. Sewer and water service is available to the subject site. Staff Recommendation Approval of the applicant's proposed minor land partitioning subject to the satisfaction of th fo e following 11 wing conditions: 1. That the newly created lot containing the duplex dwelling structure contain a minimum of 8000 square feet after dedication of any required right-of-way for S. W. Tiedeman Street. • 2. That the subject property owner(s) dedicate to the public 10 feet of additional right-of-way parallel and adjacent to S. W. Tiedeman Street for the future improvement of S. W. Tiedeman to city collector street standards. 3. That the subject property owner(s) shall agree to par- ticipate in a local improvement district for the pur- pose of improving S. W. Tiedeman to City collector street standards and said owner(s) shall execute a recordable covenant herewith. PC Staff Report - September 3, 1974 - page 2 - Item 7.1