NCU 1-74 - 13300 SW PACIFIC HIGHWAY 900 BEAM
Non Conforming Use (NCU 1-74)
13300 SW Pacific Highway
Exp. of Res. in Comm. Zona
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Residential ni_str.ict to City R-7, Single Family
Residential District. The subject area comprises
16. 5 acres and is generally located on both sides of
S.W. Katherine Street, petween S.W. Tigard Street and
S.W. Tiedeman Street (lax Map 151 35C , Tax Lot 1100, 13.01,
1102, 1103, 1104, 1105, 1106, 1107, 1108, 3.109, 1110,
1111 and Tax Map 2S1 288, Tax Lets 100, 200, 300, 500 and
600)
Staff Findinos
A. Brooks presented the staff findings relevant to this
ease.
TQa-tIMOny and Cross Examinatioo.
n 'Jo one was present to testify either i,i favor of or ii;
opposition to this request.
Staff Recommendation
A. Staff recommended approval of the City request to
change existing County zoning classification to a
comparable City zone. Said zone is described as
follOWs:
All County RU-4, Urban Residential District: to
City R-7, Single Family Residential Zone.
Commission Discussion and Action
A. The Commission agre-ad that this was a routine house-
keeping matter and did not choose to discuss this
item.
B. Mickelson moved to approve the request in accordance
with the staff findings. Hartman seconded and the
motion passed by unanimous vote of those Commissioners
present.
6. PUBLIC HEARING - Non-conforming, Use Expansion
6. 1 NCU 1-74 (Beam)
A request by William B. Beam to expand an existing
non-conforming use On a site compri.sing . 17 acres and
located at 13300 S.W. Pacific H43hway. Existing zoning
is C-3, General Commercial , the applicant proposing to
add 2 bedrooms to a residence on the subject site.
(Tax Map 251 2CR, Tax Lot 2100) .
Staff Findings
A. Brooks presented the staff findings relevant to this
case. Pointing out that the requested expansion
exceeded the 20% floor area expansion allowed in Via
Tigard Municipal Code.
Page 4 - PC Minutes _ June 4, 1974
Testimony and Cross Examiration
A. Mr. Beam was present and said he would be happy
to answer any questions the Commission had.
B. Whittaker asked the C�.ty Attorney if Mr. Beam
could apply for a var:.ance to allow an expansion beyond
the 20% allowed in the non-conforming use section of
the ordinance.
C. Fred Anderson said that, while he is in sympathy with
Mr. Beam' s problem, the ordinance does not allow an
expansibn beyond 20% and he did not feel this was an
item appropriate for a varae.
0. Mickelson asked Beam if the`"proIOerty' Was zoned commercial
when he purchased it.
E . Beam said yes it was,
F. Hartman stated the Planning Commission could only
grant a non-conforming use expension to allow a one
bedroom expansion instead of two bedrooms and asked
Mr. Beam if he was still interested in obtaining an
approval.
G. Mr. Beam replied that one bedroom is better than
none.
Commission Discussion and Action
A. Mickelson moved to approve the requested expansion
for an additional 128 square feet. Sakata seconded
and the motion passed by unanimous vote of those
Commissioners present.
7. OISCUSSIOP,i - U 7-73 (Circle A-W Products Co. )
A request by the Circle A-W Products Company for clarification
of a previous Planning Commission action relating to the extent
of a aide yard setback.
Staff Comment
A . Brooks reviewed the previous varia.,iee granted by the
Planning Commission and said it was his understanding the
easement condition included of the variance approval
applied to the entire length of the existing building
located within the 20 foot setback area. He said it was for
this reason that Circle A-W Products Cnmpany is seeking
a clarification concerning the length of the setback
easement required as a condition of the previous variance
approval.
Page 5 - PC Minutas - June 4, 1974
TIGARD PLANNING COMMISSION
Staff Report
June 4, 1974
Agenda Item 6. 1
MCU 1-74 (Beam)
P!on-Conforming Use Expansion
For property located at 13300 S.W. Pacific Highway ,
comprision . 17 acres within a C-3, General Commercial
Zone. (Tax Map 251 2CB, Ta" Lot 2.100)
Applicant
William B. Beam
Applicant ' s Request
Approval of a non-conforming use expa.ision
Applicant' s Proposal
To construct an addition to an existing non-conforming
use, in this case, a residential use in a General
Commercial Zone.
Staff Findings
1. The applicant currently owns an existing
single family residence on the subject site and wishes to
add two additional bedrooms to the existing residence.
The applicant currently owns and operates a barbershop
on the same property. The applicant states the
additional bedrooms are necessary for his children.
2. Section 18. 68. 030, Tigard Municipal Code states that
"following the procedure set forth in Sections 18. 84. 1C1
and 18.84. 020, the planning commission may authorize
the alteration of a nonconforming use or structure
subject to the following limitations:
"A nonconforming use may be permitted to decre-.se
or enlarge up to twenty percent in floor area or,
in those cases not involving structures, up to ten
percent inland area as existing on August 24, 1970"
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3. The applicant' s existing residence comprises 640
square feet of floor area. The applicant proposes
to construct a 336 square foot addition to the
existing structure. A 128 square foot addition
is allowed by the standards of Section 18. 68. 030,
Tigard Municipal Code.
4. No other oc. upied structures are adjacent the
proposed addition. Aujacent land use consists of
Pacific Highway to the west; vacant lot to the
south; a single family residence to the north and
apartments to the east. A deep ravine separates the
site from the apartment complex to the east . The
site is zoned C-3, General_ Commercial and is designated
for Commercial-ProfOssional uses on the recently
adopted NPO l Plan for the Ash Avenue-Downtown Area.
5. No 3dvLnrse affect to adjacent properties or the
community will occur if the applicant is allowed
to expand his existing non-cpnforming use.
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Page 2 - Staff Report - Beam - June 4, 1974
NOTICE
AFFIDAVIT OF PUBLICATION OF PUBLIC HEARING
CITY OF TIGARD
PLANNING COMMISSION
STATE OF OREGON, Notice is hereby given that public
COUNTY OF WASHING'T'ON, I ss. hearings will be held by the City of
Tigard Planning Commission in the
lecture reom of Twality Jr.Mgh School,
14650 S.W. 97th Avenue, Tigard, Ore-
I, _....... ._......._...................._-jose-ph ........ __ ... ... gon, on June 4, 1974, at 7:30 p.m. with
respect to the following:
being first duly sworn, depose and say that I am the publisher __ _.. _ _.—_.. An ordinance controlling filling and
development in the flood plain of Fanno
of The Tigard Times, a newspaper of general circulation, as defined Creek and its tributaries. The flood
plain is defined as a 100 year flood as
defined by the Washington' County
Ily ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and Flood Plain Series Maps dated April,
1974. This is an interim ordinance, al-
stale; that the legal notice, a printed copy of which is hereto annexed, was lowing a two year period for conducting
the necessary engineering studies for
published in the entire is,.ue of said newspaper for ...__�2.._........... successive and determining the basis for adopting a
permanent ordinance regulating the
use of land within the flood plain.
consecutive weeks in '.ne following issues ................. . ......__..............._..__...._.._.__ An application by William Beam to
expand a non-conforming residential
Nva 2 A. Oi_1 4 r. use in the C-3, General Commercial
....... ...........3_.. 92.__.—. .._._. .. zone. The subject property is located
`- - at 13300 S.W.Pacific Highway.A barber
(Sign re shop is located on the subject property
in front of the house being considered
Subscrib A and sworn to before me this _....30thfor expansion.
day of __.-._ _ An application by the City of Tigard
to change the existing County zoning
Ma'Y 1974. on recently annexed lands on Katherine
and Tigard Streets from Washington
c County RU-4, Urban Residential Dis-
trict to the comparable City of Tigard,
. . R-7, Single Family Notary Public of Oregon g Y Residential zone.
The effected properties are defined on
the Washington County Tax Assessor's
My cornrnission expires /tf 19. maps as: Tax Map ISI 35C, Tax Lots
1100, 1101, 1102, 1103, 1104, 1105, 1106,
--- -- 1107,1108,1109,1110,1111 and Tax Map
2S1 2 BB,Tax Lot 100,200,300,500 and
600.
All persons having an interest in
these matters are invited to attend and
be heard. i
STT 2080 — Publish May 23,-30, 1974)
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Richard C. Bolen $eing first duly sworn, on oath depose and say;
That I am Planning Ad.iiaistrator for the City of Tigard, Oregon.
That I served notice of hearing of the Tigard Planning Commission
of which the attached is a copy (Marked Exhibit A) upon each of the
following named persuas on the _ day of f1 ,
by wailing to er;ch of them at the address shown on the attached
list (Marked Exhibit B), said notice as hereto attached, deposited in
the United States Mail on the day of 19__(,
Postage prepaid.
Subscribed ,ind sworn -to before me this day of /1,1
Notary Public of Oregon %
Icy Commission expires: Z/11 ` __
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NON—CONFORMING USE EXPANSION
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,1KEA OF CMISIDERATION
77-1
L�E I
NIOTICE OF PUBLIC HEARI L
CITY OF TIGARD PLANNING COMMISSION
Notice is hereby given that public hearings will be
held by the City of Tigard Planning Commission in
the lecture room of Twality Jr. High School , 14650
S.W. 97th Avenue, Tigard, Oregon, on June 4 , 1974,
at 7 : 30 P.M. with respect to the following :
An ordinance controlling filling and
development in the flood plain of Fanno
Creek and its tributaries. The flood
plain is defined as a 100 year flood as
defined by the Washington County Flood
Plain Series Maps dated April , 1974. This
is an interim ordinance, allowinn a two
year period for conducting the necessary
engineering studies for determining the
basis for adopting a permanent ordinance
regulating the use of land within the
flood plain.
An application by William Beam to expand
a non-conforming residential use in the
C-3, General Commercial zone. The subject
property is located at 13300 S.W. Pacific..
Highway. A barber shop is located on the
subject property in front of the house being
considered for expansion.
An application by the City of Tigard to
change the existing County zoning on
rcccntly annexed lands on Katherine and
Tigard Streets from Washington County ,
RU-4, Urban Residential District to the
comparable City of Tigard, R-7, Single Family
Residential zone. The effected properties
are defined on the Washington County Tax
Assessor' s maps as; Tax Map 151 35C, Tax
Lots 1100, 1101 , 1102, 1103, 1104, 1105,
1106, 1107, 1108, 1109, 1110, 1111 and
Tax Map 251 28B, TaX Lot 100, 200, 300,
600 and 600.
All persons having an interest in these matters are
invited to attend and be heard.
ZONE CHANGE CONDITIONAL USE _ VARIANCE - TEMPORARY US:. - NON-CONFORMING USE
REQUESTS
APPLICATION File #
Fee Recei-rd W
R r,c e i p t 4k �______��
TIGARD PLANNING COMMISSION 4.39-4111. Date Received
12420 S.W. Main Street, Tigard, Oregon 97223 By _-_ � _
PLLASE. PRINT IN INK OR TYPE
Action Requested X4 1&- (I'll )(4-W"4„ 1 /_
Applicant's Name (A� I � ,IAYY� e ojfy1 _ _ Phone iG 5CCl- so 1)
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AOM-DLO ACCOUNT NUMBER I(vr CODE
7.7 1973 - 74 RFA! PROPERTY TAXES T
Washingtor. ;ounty C)rc�gon 21138- "100 168 A
ASSESS ✓ALUATIONS X
A$$1?SID A.5 Of IA tJU ARY I,I973 fUR Iul t ENDING JUNE !i� Imo;,
TARES Oft AF AL PROPERTY ARE A TIEN fROM JUI1 I 1973 LAND `y 10r900 D
'COUNTY
DEPARTMENT OF ASSESSMENT AND TAXATION iWASNIfJGTON CO I
ISO N. FIRST AVENUE IMPROVEMENTS k
HILLS90RO,ORLGON 97123 RuuoiNGSEOIERS. 400 ,PTLD COM COLLEG
AREA CODE 503 TOTAL ASSESSED 11 P 300 ;TIGARU WATER DI
r bee-enol LATIN JT RFP
MAKE ALL REMITTANCES PAYABLE TO: (,TU
DIRECTOR - ASSESSMENT & TAXATION fXLMPT-ON 'JCI Y OF TIGARD
• WASHINGTON COUNTYr�YaBi( vnwE 11?300 w) s 24•72
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13300 W PACIFIC HWY
TIGARDF OR 97223
CURRENT TAXES A ASSESSMENTS PRIOR 70 DISCOUNT
TO MARE 14 PArMENI
DUE AND PAYABLE BY NOV. ES-NO DISCOUNT REM11 BY NOV 15
IU MARE)%2 PAYMFNT I
AND RECEIVE I%DISCOUNT OF 1•40REM17 BY Nov IS
t0 MAR.E 3,4PAYMINT
ADDRESS OF PROPERTY AND RECEIVE 2%DISCOUNT 4 IF 19,.11 BY NOV IS
TO MAKE FULL PAYMENT p
AND RECE,vE 31►rsc ouNr Or 8 38R1 Mn Br NOV 15
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P[Y'RIPN .1.7AC
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IMPORTANT NOTICE: NO DISCOUNT ALLOWED AFTER NOV. 15,1973. RETURN ENTIRE STATEMENT FOR PAYMENT.
RECEIPTED COPY WILL BE RETURNED.
TA,X Ff'RM AEIM.r)iH
Washington County Oregon QUARTERLY TAX BILI
ACCOUNT NUMBER L E�'Y COT
RLAL- PhOPLHTY 21138-2100 168
DEPARTMENT OF ASSESSMENT 8 TAXATION 1973 - 7TAXES OUARTFRLY PAYMENT DATES
150 N. FIRST AVE, to 1.4 - NOVFMRFR IS
HILLSBOdO, OREGON 97123 7"d 1'4 -FEBRUARY 15 INTEREST ACCRUES ON FACE
31d 1 4 -MAY IS ITS DUE DATE UNTIL PAID AT
AREA CODES 503 64B-8801 411, E 4 .AUGUST 15 OR FRACTION THEREOF,
NAME ANDUNJILU STATES NATIUNAL
ADDRFSSbAl4K OF URLGU14P THUSTEL
OF k bLAMP GhACE L
TAXPAYER'.3'JUU JW PAC 1F IL BERT
11vNROP OR 97223
CODE OUARTFRLY AMOUNT
s OF TAX DUE INTEREST
2 69:83 --
ADDRESS OF PROPERTY
TFTHIC A C G TN A X A V - --
Z•Ti� T:I�1�f�E C�b-iiTl� — - - -
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PROPERTY MAK[All IIEMITT
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DESCRIPTION ^•f-� ' ' 1. 74 FE 1 -
IMPORTANT-NOTICE. HL JOHN ENTIRE STATEMENT COR PAYMENT HECEIPTED COPY WILL BE RETURNED.
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CITY OF TIGARD
P 0. Box 23567
12420 S.W.Main � l!i N.pQo)Abfi�
Tigard, Oregon 97223 ,.
MA72 3 7t t
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e IJ,111ffJ��� � �j�l F?rG pgs`. ..,
Frcd and Char tte Shrier
13520 S.W. cific Highway
Tigard, 0 don 97223
' ORILAAO, OfiLGON
UNDELIVERABLE AS ADDRES"10
UNABLE TO FORWARD 9722-