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MARCH 30 19 92
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FILE NO.
OAK STREET - 9600 STR. OPN. PERMIT
M
CIT' OF TIGARD
March 29, 1991
OREGON
R. & H. Construction Co.
338 I\NI 5th Ave.
PO Box 3939
Portland, OR 97208-3989
t<E: Street opening Permit # 357-90 Assurance
I.)ear Mr. Mock f ord:
In the matter of the five thousand one hundred nineteen dollar3
($5, 119 . 00) "Agreement. with Depositor and Trustee on savings or.
deposits " (Account # 010-6204-506) between R.& H . Constr_ucti.on
Companv and U.S. National Bank of Oregon and the City of Tigard,
Oregon; this is to serve as written acknowledgement that. the City
has no Further interest in sFtid assurance. All required work is
satisfactorily complete. 'Ihe funds may be released to R.& H.
Cons trution Con�r�anv.
If you have any questions regarding this matter, please contact
John flagman at 639-4171 .
SincIerely,
Randall R. Wooley
City Engineer
dj/]-rahc.JH
13125 SW Hall Blvd.,P.O.Box 23347,Tigard,Oregon 97223 (503)639-4171 ---------------___-
'mpo TA T MESSAiI
FOR-
L)ATE =TIF-
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AREA CODE NUIViPER EX7EN�ION
TELEPHONED PLEASE CALL
CAME TOBEE YOU WILL CALL AGAIN
WANTS M SEE YOU RUSH
RETURNED YOUR CALL SPECIAL ATTENTION
MESSAGE
F 0-
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IF
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January 4, 1991 CRYOF TIG�4RD
OREGONMr. Greg S. Mockford, Project Manager
R&H Construction Co.
P.O. Box 3989
Portland OR 97208
Re: Street Opening Permit #357-90
I have made a final inspection, as requested, on the sign
installation adjacent to the Plaza West Building at 9600 S.W. Oak
Street.
There is one item that must be resolved prior to final acceptance
of the permit. There is a plastic junction box within three (3)
feet of the sign foundation, This must be replaced with a type of
Pull box that is approved for public works/property installation.
An example would be a Carson BOX-type 1324, or equal. This can be
purchased at Utility Vault, 28455 S. W. Barber St, Wilsonville, OR
97070, or at the supplier of your own choosing.
As soon as this is resolved, please notify me at 639-4171 ext. 371 .
1 will make final inspection, and the funds will be released.
Please call me if you have any questions .
Carl W. Vieweg
Construction Instor.
I
cv/slgnnak i
13125 SW Hall Blvd.,RO.Box 23397,Tigard,Oregon 97223 (503)X539-4171 -
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�&H CONSTRUCTION CO. 338 N.W. Fifth • P.O. Box 3989 • Portland, OR 97208 • (503) 228-7177 • FAX 224-3638
May 25, 1990 RECEIVED
I'll nY 2 9 1990
Mr. John I lagman COMMUNITY DEVELOPMENT
CITY OF TIGARD
Pubiic Works Department
P,O. Box 23397
Tigard, OR 97223
Re: Plaza West Street Opening Permit
[)ear Mr. Hagman:
We have completed the work in the public right-of-way at the Plaza West
Building, 9600 S.W. Oak, which consisted of constructing a lighted monument
sign, Permit #357-90.
Please have a final inspection conducted of this work and return the necessary
authorization to allow U.S. National Bank to release the $5,119 we placed in the
joint savings account #010-620"-506 to us.
Please let me know if there is anything else which we need to do to finalize
this matter.
Yours truly, �t C J��`
R&H CONSTRUCTION CO. r 1G SLY0
t�Jcaw
� �
Greg S. Mockford �.
Project Manager
/las
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OR Contractor's Registration No 38304
WA State License No.RHCON"194PO
AGIRZRKBZT MI9 JEPOSITUR AND TRUSTEE OR SAV11ML JR DEPOSIT
This agreement is for the purpose of fulfilling the requirements of Street
Opening Permit f `i< dated S — -j( _ between the City
of Tigard ;.,,o _ R & H CConstructi_2n Co. and is entered into by the
Depositor R & H Construction Co. and t),S, f�atirnal �3 �� n trustee.
The undersigned depositor and trustee do hereby assign the right to the City of
Tigard to determine at its discretion the payment of all funds or securities
held by _ U.S. N3Lirna1 BU* Cf GLMM _ as trustee in the amount of
i
,��119.00 _ n Savings Account. No. C10-6204-5Gu _
or Deposit No.
in accordance with and for the purpose of
Bondingermitted
Permit. improvements described in the above stated Street Opening
It is understood and agreed that the —_ Trustee _ will hold
such funds or securities in thn amount of $ _iL119.00 until an authorization or
direction for payment Is received from the City of Tigard and that the City of
Tigard has the right to withdraw Principal Finds wit' City of Tigard signature
only, in the event of Non-Performance.
All fund deposits shall be renewable at maturity and at rates and terms in
effect at the time of renewal, and all interest shall be paid to or accrued as
directed by the Depositor notwithstanding anything contained herein to the
contrary.
That account is to remain open until such time as all Putl.ic Improvements are
completed and accepted by the City of Tigard.
Signed and dated at _ , Oregon.
This 1' day of
/"C/c - L� !,� C /J K r►.� c.arslry,.'�i w.�o.
Signature - City of Tigard
Signs re of positor i
%?C',,x Z- 339 7 r 7 72 Z. r 'B N• •• Fi Awe 7 /
Addree• � �' ►'"b f I i/n,,,�/� /JTZ g
Address
ACCEPTKNCE
The undersigned hereby acaL-pts the funds or securities deposited in the amount
of $ 5,119.00 this Iid day of _ Uctc�l�el_
_, 1989_, and
hereby acknowledges receipt of the Passbook Savings Account No. 010-6204-506
or the Certificate for Deposit No. _ ; or certifies
that there is no Passbook issued for this account._ It is further agreed that
said account will be held for the uses and purposes above stated until
authorization for disposition is granted by the City of Tigard.
x
Authori47sigtMCa ure —�
X21 W ;i xt h, 1'— 3LL�` Q—
Address
jr/Str-Comp.jeh
APPLICATION - STREET IMQRMENT/EXCAVATION COPY TO:
OR[ T4C' E NO. 74-14 6r1 (YELLO •FILE
&(YELLOW)-INSP.
(INSTRUCTIONS ON SEPARATE SHEET) (PINK)-OTHER AGENCY
(BLUE)-APPLICANT
APPROVED X APPLICATION NO•�: hrcvZ- _
NOT APPROVED CITY Y O TIGARD, OREGON FEE AMT
PENDING FEE. PMT. CITY HALL RECEIP 0010-3245
1
PENDING SECURITY ❑ PUBLIC WORKSDEPARTA-fENT BY .. DATE 7-1.511220
PENDING AGENCY "OK" .Application and Progress Record — — ,- — — — — — — —
MAINTENANCE BONc11
PENDING INFORMATION ❑ FOR STREET IMPROVEMENT/EXCAVATION AS RECJUIHEU L
ANNUAL J �p��
PENDING VARIANCE EXPIRATION DAT . one_yeAr
PERMIT NO. _ �7 / c'>�' DATE ISSUED. _�_�500 BY
(1 ) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL Freestanding_ Gi__an_Cand_ Power
Thereto) AS DESCRIBED HEREIN IN FULL ACC:ORDANCF WITH CITY REQUIREMENTS.
F , U, C 31187
APPLICANT 3.-_&_1J.-C-OnStruction Co. _338 NW 5th Ave. Portland, OR 97209 228T7177
NAME � _ ADOR[[ECIT v PHONE.—_._ _.
CONTRACTOR (Same)
NAME ADDRlS6--w C17v - PHONE
PLANS BY Lee/Ruff/Waddle-Partnership 5285 SW- Meadows Rd. #3_40, Lake urowego, OR 97035 648-4747
NAME AboRESs'- --- CITY— PHONE
ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): S _5,119.00_ ..
DOLLARS_
(2) EXCAVATION DATA: -- FOR"oF1-1 [ cw1iN
0.04 X s � �•00 __ f 204.76 _
STREET _ _ DESCRIPTION PROGRESS a INSPECTION STATUS
NAME I SURFACE CUT CUT CUT MATERIAL INSTALLED► ITEM DATE REMARKS/TYPE BY
TYPE LENGTH WIDTH DEPTH ITEM A QUANTITY
STREET
PEN D
INSTCC_
R TION
E
ESTIMATED STRf_E'T OPENING UA'i @'. -.L._s LFS
ESTIMATED STREET CLOSING CATS: LL TE
5 119.00 ENAEL
ET
(3) SECURITY NO. jSEC�RITY MTO ED
SURETY CO-: -S, )l��r•1s1 �Sc..� _lau -�- - s 119 )
CEII Alf 11-1)f'Hf C N
CASH_( -� bONb` C. 1; .
(4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL SPF CIAL PROVISIONS/ CONDITIONS:
FEATURES; EXCAVATION LOCATION AND EXTENT. 1) Excavator must cooly with
ORS 757.541 to 757.571. _
I I 1 _2) Notify Mr. Mike Mills, City of
Tigard, City In_spgctor (639-4171)
ARB _ _ _ _ _ _ _ _ _ _ _ �.. prior to starting work in the
ublic
S.W. ,Oak Street4 right-of-way.
3) Conditions of final Order 88-06
�-
P.C. area licable hereto.
µ4v �` I .•: 1 .� _-.����..- -� � � _.. ._r.
4LW-c shall coBfQrU tQ�_-att—a( lied
1 N I Ws>IErc a, � i I plan and to City Standards & ,
1i l l
W. 04k Sr) Specif�r �ons�s
SLSign is subject to removal.
(5) NOTE THE CITY OF TIGARD DOES t:07, HEREBY, GRANT PERMISSION TO APPLICANTt� TO CONDL CT WORK WHERE
RIGHT OF WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON.
THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, T.) COMPLY WITH ALL PERTINENT LAWS AND
CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WQAK, AND TO SAVE HARMLESS THF CITY AND
EMPLOYEES AGAINST ANY INJURY OR DAMAGE WHICH 03AV RESULT FROM APPLICANTS ACTIONS
APPLICANT! 31GNATURE DATE 1
I �
41
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PILE COPY
APPROVED FOR CONSTRUCTION
CITY OF T!'-�AFZD
DATP
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CITY OF IIGARD - RECEIPT OF PiHYNENT PEC NO: 0010*' 45
CHECi, AMOUNT -104.76
NAME: R&H CONSTRUCTION CO. CASH AMOU14T ,00
ADDRESS: :.'6 N.W. 5TH AVENUE FAYMENT LATE -- 0
P.0. BOX 398?
BLOCk; RJOiADUR:
PORTLAND, OR 97-08-3489 96007 W. L.-Ah FR'E-E T
F-UFl-2'aL.11F_FAYMENT--------- AMOUNT PAID PURPJSE OF PAYMENT oMLJUNT 'AID
1
F'UBLIC IMPROVEMENT PERMITE _04? 7� -
('57-90) . ,
THAW—YOU
TOTAL HMOUN"- FAIL ;c
R& H Construction Co.,Po►tloold,Oregon 15031 2287177 City O1: Tigard 3�191
YOUR INVOICE NO. INVOICE'.DATE AMOUNT --
OISCOUN7 NET AMOUNT CHECK TOTA
2/05/90 204.76
Job 55058
101-10
- -- -- -- I $204.76
-- � MAIN OFFICE -_�-
UNITED STATES NATIONAL BANK 2472RID 35191
/ 338 N.W.5th AVE.,P.O. 80X 3989 OF OREGON PORTLAND 1130
. PORTLAND,OREGON 97208-3989 NQ
I?RII I'ON'TpjION._ DATE CHECK NO. F AMOUN
2/05/90 35191 $204.7G
Ar ----
EXACTLY ***204*** DOLLARS AND ***76*** CENTS _
)APPLICATION - STREET IM _ '* S4;o COPY TO:
.� '•� NIOC_IC_rGI�Z�•�_ ^�� ; (WHITE)-FILE
ORI
(INSTRUC Z �� ❑ (PINK)-OTHER AGENCY
�\ Q�t (BLUE)•APPLICANT
APPROVED IN Z �yQI � APPLICATION NO.: _
NOT APPROVED (] dl klHdSl, OM'y FEE AMT.. 111_2941L76 –��___.
PENDING FEE,*MT. ❑ Oh Nt I J RECEIPT NO.:
PENDING SECUF.ITY ❑ ) BY _ DATE—
_�
PENDING AGENCY "OK" ❑ \ � EAE OD� —
GC_ IS ZO4; 7G MAINTENANCE PNM�
PENDING INFORMATION ❑ AS REQUIRED
ANNUAL 0
PENDING VARIANCE ❑ PlC1-, P_ r I EXPIRATION DP.TE: _one yeAr
PERMIT NO.: qeGS BY: ------ -
(1) APPLICATION IS HEREE Joh N a.��Ms H (_ _Frppata Land .Power, ____
nds.ng_S1Py11_
.-Thipreto) _ A, 4-638-¢(71 :CORDANCE WITH CITY REQUIREMENTS
APPLICANT _..B.._&_j"_ona=t14C1_Co. 338 NW 5th Ave.._ Portland, OR 97208 _ 2_28v7177_
NAME ADORftS CITY - � PMONf
CONTRACTOR_ (Pamg),
NA �----_T ADDRESS CITY-------_� PHONE ------
PLANS BY__LeeZRUfV_&e1d1e Partnership 5285 SW Meadows Rd. #340_, Lake Oswego, OR 97035 648••-4 .
NAME ADDRESS Col'Y PHONE——
ESTIMATED
HONE._ .-_ESTIMATED IMPROVEMENT TOTAL VALUATION ( COS-f): E
DOLLARS
FOR OF 1 H
(2) EXCAVATION DATA: 0.04 x s ,� . •00
STREET DESCRIPTION PROGRESS & INSPECTION STATUS
NAME SURFACE CUT CUT CUT MATERIAL. INSTALLED ITIF.PA DATE REMARKS/TYPE BY
TYPE LENGTH WIDTH DEPTH ITEM A QUANTITY
STREF:T- --
T R TIOM
vac
ESTIMATED STREET OPEMING DATE:
ESTIMATED ST REET CLOSING DATE: / — T
Di
.00 119
5
,
(3) SECURITY NO. ----- SECURITY AMT: $ STREET
_ CLOSE
SURE'rY CO.: FINAL
_ CERTIFIEDCHECK Ll� CASH n BOND INI5PEC.
-
(4) PLOT PLAN: INDICATE SITE F_RTINENT PHYSICAL' SPECIAL PROVISIONS/CONDITIONS:
FEATURES; EXCAVATION LOCATION AND EXTENT. 1)Excayator must con2ly fith ___
ORS 757.541 to '757.571,
1 1 ) 1 2) Notify Mr. Mike Mills, Citv of.
-_Pigard, City Inspector (Q39-41*,
J?rior to starting work in the
1 - - -
^ -
S.W. Oak Street _j)ublic right-of-way.
� ------
- --- .-._. -- 3) conditions of final Order #88-(
P.C. are applicable hp>;, �o.
4) Work shall conform to the > c
1 I I
I plan and to City Stana r� ds &
1 1 I 1 -
(9400 s.W,cok sr,, --
I5I NOTE: THE CITY OF^TIGARD DOES NOT. HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE
RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON.
THE APPLICANT AGREES TO DEPOSITTHE RL-QUIRED SECURITIES TO COMPLY WITH ALL PERTINENT LAWS ANC.
CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND T'O SAVE HARMLESS THE CITY ANC
EMPLOYEFS AGAINST ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS.
APPLICANTS SIGNATURE / _ _ DATE
I
AGRSS![HIiT W1.: MPOSITOR AND TROSTRR ON SAVIlk A DBPQSIT
This agreement is for the purpose of fulfi.?.ling the requirements of Street
Opening Permit: # dated _ between the City
of Tigard and R & H Construction Co._ and is entered into by the
Depositor R & H Construc_:ion Co.. and M1( trumtee.
The undersigned depositor and trustee du hereby assign the right to the City of
Tigard to determine at its discretion the payment of all funds or securities
held by _ as trustee in the amount of
55,119.00 in Savings Account No. _, or Deposit No. _
in accordance with and for the purpose of
Bonding _permitte,9 _— improvements described in the above stated Street Opening
Permit.
It is understood and agreed that the will hold
such funds or securities in the amount of $ 5,11__9.00 until an authorization or
direction for payment is received from the City of Tigard and that the City of
Tigard has the .right to withdraw Principal Funds with City of Tigard signature
only, in the event of ton-Performance.
All. fund deposits shall be renewable at maturity and at rates and terms in
effect at the time or renewal, and all interest shall be paid to or accrued as
directed by the Depositor notwithstanding anything contained herein to the
contrary.
That account is to remain open until such time as all Public Improvements are
completed and accepted by the City of Tigard.
Signed and dated at Oregon.
This day of 1989.
Signature - City of Tigard Signature of Depositor
Address Address
ACCEPTANCE
The undersigned hereby accepts the funds or secur.'_tieA deposited in the amount
of $ 5,119.00this day of _ , 1.989 , and
hereby acknowledges receipt of the Passbook Savings Account No.
or the Certificate for Deposit No. _ ; or certifies
that there is no Passbook issued for this account. It is futther agreed that
said account will be held for the uses and purposes above stated until
authorization for disposition is granted by the City of T+_gard.
Ilk
- Authorized Signature
Address
jr/Str-Comp.jeh
STREET OPENING PERMIT
PERFORMANCE BOND BOND NO.
KNOW ALL MEN BY THESE PRESENTS that we, _R &_1i_Construction Co. , Inc.
as Principal and
as Surety, are jointly and severally held and bo+ind unto the
City of Tigard, Oregon, in the sum of _ five thousand one hundred nineteen
Dollars ($ 5119.00,.) for the payment of which we jointly and
severally bind ourselves, our heirs, executors, administrators, successors and
assigns firmly by these presents.
THE CONDITION OF THIS BOND IS SUCr.;
That whereas the Principal herein has made application to the City Engineer
of the City of Tigard for a ,permit to install a sign and power thereto,
within the City of Tigard right-of--way c ' S.W. Oak Street in the City of
Tigard, Oregon, under the provision of Ordinance No. 74-14
and 76-11 Code of the City of Tigard, and hereas said application was approved
by the City Engineer of. said City and a permit issued, subject to and upon
certain conditions, direct+.one, stipulations, terms, provisions and
requiretnints provided for in said permit, a copy of which permit is attached
herato and hereby made a part of this bond to the same extent and effect as if
written herein and specific reference now made to all the terms, provisions,
specifications and requirements set out, declared and provided for in said.
permit;
NOW THEREFORE, IF THE Principal herein shall faithfully and trtily observe the
terms, provisions, conditions, stipulations, directions and requirements of
said permit and shall in all respects, whether the same be enumerated herein or
not, faithfully comply with the same and shall assume the defense of, indemnify
and save harmless the City of Tigard, its officers, agents and employees from
all claims, liabilities, loss, damage or property directly or indirectly
resulting from or arising out of the operations or conduct of said Principal or
any subcontractor in connection with performance or conduct of the work under
said permit, and shall in all respects faithfully keep and observe all of said
terms, provisions, conditions, stipulations, directions and requirements, then
this obligation is void, otherwise it shall remain in full force and effect.
WITNESS our hands and seals this _, day of 1989
R & H Contruction
Countersigned by-
Agent
.. Addre,3s_—e�__� ----- _.,_
•!v
jr/StrPerf.jsh Attorney-in-fact
RB.H CONSTRUCTION CO_ 338 NW 5th • P.O. Box 3989 • Portland, Oreqon 97208 • (503) 228-7177• FAX 224-3638
,July 5, 1,989
Mr. John Hagman
Engineering Department
CITY OF TIGARD
P.O. Box 23397
Tigard, OR 97223
Re: Construction Estimate
Plaza West Office Building
Job #55058
Monument Sign Construction
Dear John:
Per your request, the following is a construction estimate for the monument
Sign to be constructed in the public right-of-way at Plaza West Office
Building, 9600 S.W. Oak, in Tigard. This building is owned by the Utah
State Retirement. Fund.
The actual sign construction will be done by R&H Construction Co. and we
will be obtaining the street opening permit- in our name. We will open a
pass--book type savings account at United States National Bank of Oregon,
Portland Main Branch, in both our names and that of the City of Tigard; bot;
signatures required to withdraw any .funds. The person who is our banking
representative is Mr. Bill Long.
Construction Estimate:
New monument sign - Robert's Signs $4,306
Sign lighting & Electrical - Bachofner Elec. 813
Total Construction Cost $5,119
If you have any questions, please let me know.
Yours truly,
R&H CONSTRUCTION CO, .
Greg S. Mockford RECEIV;-,1
Project Manager
AUG 31 1989
cc: Eric Sorensen CQmrantq
Gary MastII11M1
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Project Manaa,r
338 NW 5th•PO Box 3989
Portland,Oregon 97208
(503)228-7177
FAX(503)224-3638
13125 S.W. HALL BLVD.
P.O. BOX 23397
CITYOF TIGAD TIGARD, OR 97223
OREGON (503) 639-4171
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YOUR COPY
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - By PLANNING CQ@UffSSION
1 . Concerning Case Number(s) :^_ SCE 89-04 and V 83-04
2.. Name of Owner: _- Utah State Retirement Board
Name of Applicant: Lee/Ruffaddle Partnerahin
3. Address 5295 SW Meadows , - City Lake Oswego State OR Zip _97035
4. Address of Property: _____ 9600 SW Oak
Tax Map and Lot No(s) . : 1S1 35BD lot-100
5. Request: ArecLu!sst for a variance to allow a freestanding sign to be
located within the right.-of-way_ of SW Oak Street in front of the Plaza
West building__ Section 18.114.070 of the Community Development code
P-rohi.bits_ signe other than governmental sign from heing erected within a
ublic_right-of--waLr. 7eninq:�C`P_ 1 Profs- sional Commercial)
6. Action: _ Approval as requested
Approval with conditions
Denial
7. Notice: Notice wad published in the newspaper, posted at City Hall, and
mailed to:
X The applicant and owner(a)
X _ Owrers of record within the .required distance
X The affected Neighborhood Planning Organization
X _ Affected governmental agencies
8. Final Decision: THE DECISION SWCUL BE FINAL ON ` April ?R, 1 g c—__ UNLESS
AN APPEAL IS FILED.
The adopted fi-ndings of fact, decision, and statement of conditions ce,-i be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall,
P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in accordance
with 13.32.290(A) and Section 18.32.370 which provides that a written
appeal may be filed within 10 days after notice is given and sent.
The dealline for filing of nn appeal is April 28, 1989
10. questions: If you have any questions, pleaEe call. the City of Tigard
Planning Department, 639-4171.
di/SCF89-04.DJ
CITY OF -IGARD PLANNING COMMISSION
FINAL ORDER NO. 89-06 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATIOV
FOR A SIGN CODE EXCEPTION (SCE 89-04) REQUESTED BY THE UTAH STATE RETIE'?!i,•NT
BOARD.
The Tigard Planning Commission riviewed the above application at public
hearings on March 21, 1989 and April 4, 1989. The Commission based its
decision on the facts, findings, and conclusions noted below.
A. FACTS
1. General Information
CASE: Sign Code Exception SCF 89-04
Varianca V 89-04
REQUEST: For approval of a sign variance to allow a freestanding sign to
be located within the right-of-way of S.W. Oak Street in front
of the Plaza West (Unysis) building. Section 18.114.070 of the
Community Development Code prohibits signs other than
governmental signs from being erected within a public-right-of-
way.
COMPREHENSIVE PLAN DESIGNATION: Commercial Professional
ZONING DESIGNATION: C-P (Commercial. Professional)
APPLICANT: Lee/Ruff/Waddle Partner.•ship OWNER: Utah State Retirement
5285 S.W. Meadows Road Board
Lake Oswego, OR 97035 540 East 200 South
Salt Lake City, Utah
84102
LOCATION: 9600 S.W. Oak Street (WCTM .151 35BD lot 100)
2. Background Information
The subject parcel was developed in 1981 or 1982 while it was in
Washington County. No other applications have been reviewed by t•he
'Tigard Planning Division staff for the subject property.
3, Vicinity Information
FINAL ORDER N0. 89-06 PC UTAH STATR RETIREMENT BOARD PAGE. 1.
Properties immediately to the north (Lincoln Center) and east r.,e also
zoned C-P (Comm-3rcia.l Professional) and developed. Highway- 217 lies
immediately to the south of the subject parcel. Southwest Greenburg Road
abuts the p•-operty to the west and the land an the opposite side of S.W.
Greenburg Road (Washington Square.) is zoned C-G (Commercial General)
and developed.
4. Site Information
The site in presently occupied by a 70,000 square foot office building
with access directly onto S.W. Oak Street. State Highway 217 borders the
property to the west and south. The applicant proposes to ere( - a one-
sided freestanding sign approximately five feet high, eight feet wide,
in the public-right-of-way along the south aide of S.W. Oak Street,
approximately 68 feet west of the existing freestanding sign. This sign
faces directly onto S.W. Oak Street and will be removed prior to the
erection of tha proposed Lgn. Since this existing sign is within the
Oak Street right-of-way, it is considered an illegal sign unless it
received County approval.
The applil�anL states that the existing sign is not visible from the
street .jntil a motorist approaches the access drive apron, thereby
making it difficult for motorists to slow down sufficiently to turn
immediacely right into the parking lot. The applicant concludes that the
relocF,tion of the sign further to the west as proposed would give
motorists more time to slow down and safely make the turn into the
parking lot.
The siren is proposed to go in the public-right-of-way for greater
visibility from the street and because of a slope which extends from the
Oak btreet right-of-way south down to the parking lot. The applicant
contends that if the owner were to locate the nign on the slope or
within the parking lot below, it would involve a more expensive and
taller sign.
5. Agency and NPU Comments
The Ergineering Division has the following comments:
a. The Development Code prohibits installation of private signs in the
public right-of-way. It is department policy that variances to allow
Installation of signs in the public right-of-way sLould be approved
oily in extremely rare situations in which no other alternative is
practicable. This policy 1.9 intended to protect the nights--of-way
for the intended uses of public streets, sidewalks, and utilities.
Where rights-of--way are no longer needed for public purposes, it is
appropriate to vacate the unneeded right-of-way rather than allowing
signs and other private development to intrude into the public right-
of-way.
FINAL. ORDER NO. R9-06 PC UTAH SPATE RETIREMENT BOARD PAGE. 2
b. The request for the plaza West building does not show any reasons why
a sign could not be installed outside of the public right-of-way to
serve the Plaza heat building. Therefore, it is rt,commended that the
variance request be denied in accordance with department policy.
c. The public right-of-wad• of Oak Street where the sign is propoied is
not currently being uned for public street and utility purposes.
However, it is very liAely that Oak Street will be modified in the
future in conjunction with improvements to Greenburg Poad and to the
Highway 217 interchange. Such improvements are needed to improve
capac.ty and to provide better access between Oak Street and
Greenburg Road. Currently, plans for these roadway improvements are
not available; however, preliminary discussions of possible
improvements lead the Division to believe that all of the exiHting
right-of.-way of Oak Street may be needed.
d. The presence of private underground utility lines in the public
right-of-way creates conflicts with public utilities and other
construction activities. Private underground utilities frequently do
not show up on the plans of the utility companies and do not
routinely get marked as part of the underground locate services. As
a result, private underground utilities in the public right-of-way
create potential conflicts and potential hazarus for future
constructions, including minor underground repay work, installation
of street signs, and other rather routine activities. Therefore, if
the sign variance request is granted, we recommend that the
underground power service be routed outside of the public right-of-
way to the maximum ertent possible.
e. In cases where signs have been allowed in the public right-of.-way, it
has generally been with the understanding that the sign owner would
relocate the sign as sur°h time as street revisions required such
relocation. Therefore, if the sign variance request is granted, it
should be subject to a license agreement clearly stating that the
sign would be removed at• the owner's expense if so directed by the
City.
The Metzger Water District has reviewed the proposal ancr notes that
there are water lines in the area which should be considered prior to
placement of the sign.
Northwest Natural Gas comments that a two-inch steel main lies on the 20
foot line approximately five feet south of the property line and a
service line to the property line is located 260 feet east of the
eastern property line shared with S.W. Greenburg Road.
The City Building Division and the Consolidated Fire District !+ave
reviewed the proposal and have no objections to it.
No other comments have been received.
FINAL, ORDER NO. 89-06 PC UTAH STATE RETIREMENT BOARD PAGE 3
B. FINDINGS AND :CONCLUSIONS
Section 18.134.050 of th3 Code contains criteria whereby the Commission
can approve, approve with modifications or deny a variance request. They
are:
(1) The proposed variance will not be materially detrimental to the
purposes of this 'ode, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies and standards,
and to other properties in the same zoning district or vicinity.
(2) There are special circumstances that exist which are peculiar
to the l.ot size or shape, topography or other circumstances over
which the applicant has no control, and which are not applicable
to other properties in the same zoning district;
(3) The use proposed will be the same as permitted under this Code
and City standards will be maintained to the greatest extent
posbible, while permitting some economic use of the land;
(4) Existing physical and natural systems, such as but not limited
to traffic, drainage, dramatic land forms or parks will not be
adversely affected any more than would occur if the development
were located as specified in the Code; and
(5) The hardship 1_9 not self-imposed and the variance requested is
the minimum variance which would alleviate the hardship.
The applicant argues that for reasons of safety, topography of the site and
the expense that will otherwise be incurred by the owner, a sign variance
should be approved. The Commission concludes that the request is consistent
with the above c.-iteria for the following reasons:
1. The proposed sign will not dkite.r from the purpose of applicable City
standards because the sign as conditioned below will not interfere with
the use of the right-of-way for street and utility purposes. Also, the
location of the sign will not cause any sight obstruction or hazard to
the public.
2. The slope of the property and the configuration of the site improvements
represent special circumstances that warrant approval of the variance.
It appears that the applicant could meet the Cods criteria for a
freestanding reign but the terrain would dictate the use of a tall sign
which would tie aesthetically unappealing and contrary to the intent of
the Sign Code.
3. The sign wi_l.l conform with the dimensional requirements of the Sign
Code.
4. As conditi,3ned below, the proposed variance shall not interfere with the
intended use o; the right-of-way and the applicant will be required to
FINAL ORDER NC. 89-06 PC UTAH STATF RETIREMENT HOARD PAGE 4
move or remove '-he sign at his expense if it is later deemed necessary
by the City or a public utility.
C. DECISION
The Planning Commission approves SCE 89-04 and V 89-04 subject to the
following conditions:
1. The existing freestanding sign shall be removed prior to the
installation of the proposed freestanding sign. STAFF CONTACT:
Deborah Stuart, ph. 639-4171.
2. Prior to installation of the new freestanding sign, a sign permit
shall be obtained from the City. STAFF CONTAC" Deborah Stuart.
3. The new sign shall be constructed as shown on the plans submitted to
the Planning Commission. STAFF CONTACT: Deborah Stuart.
4. Prior to installation of the new sign, a license agreement, approved
by the City, shall be enacted. STAFF CONTACT: Randy Clarno,
ph. 639-4171.
5. Prior to .installation of the new sign, a street opening permit shall
be obtained from the Engineering Division. The electrical line to
the sign shall be placed on private property to the maximum extent
possible. STAFF CONTACT: Jahn Flagman.
6. No freeway-or tented sign shall be permitted on the property. STAFF
CONTACT: Keith Liden, ph. 639-4171.
7. This approval is valid if exercised within 18 months of the final
approval date noted below.
It is further ordered that the applicant be notified of the entry of
this order. ?'
PASSED: This day of April, 1989, by the P a inq Co isslon of the
City of Tigard.
1 o Fyre, Via ent
Tigard Planni.ng � eion
FINAI. ORDER NO. 89-06 PC UTAH STATE RETIREMENT BOARD PAGE 5
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