Loading...
SCA 2-74 11632 SW PACIFIC HIGHWAY 400 WEBBER DANCE STUDIO Sign Code Appeals (SCA 2-74) 11632 SW Pacific. Highway ,O'. l 5. PUBLIC HEARINGS - Variance 5.1 V 2-74 (Portland Gymnastic Center) A request to vary vision clearance standards of Title 18 (Tigard Municipal Code) from a required 10 feet above the ground to 7 feet. Site is located adjacent S. W. Pacific Highway and immediately south .;f the existing Family Drive-In sign, 11632 S. W. Pacific Highway. Staff Findings A. Brooks presented the staff findings relevant -to this case which included a history of past Planning Commission action concerning the applicant's requested sign location. Testimony and Cross Examination A. Gary Reddaway, the project architect, stated the reason for the variance from 10 to 7 feet was to allow visibility of existing signs in the area, especially / the Family Drive-in sign. In addition, he stated that the public safety would not be jeopardized by lowering the sign from ten to 7 feet because the 10 foot requirement is to allow visibility for trucks and this driveway would be used exclusively by auto- mobiles. The seven foot clearance from the street would be more than adequate to provide -'L-,he necessary visibility. B. Oickelson asked Dr. Webber, the owner of the gymnastic center, if the drive-in theatre was in agreement with their proposal to place the sign at a height of seven feet above ground. C. Dr. Webber said yes the owner world very adarn&nt ly like to see the sign where it does m t obscure his sign. In addition, the drive-in theatre would block the gymnastic center sign if the sign was placed at 10 feet rather than 7 feet. D. No one appeared in opposition to this proposal. Staff Recommendati-on A. Brooks said it was his judgment that the public safe- %ty would not be jeopardized by placing this sign at Page 4 - PC Minutes - June 18, 1974 i a height of 7 feet rather than 10 feet. Concerning whether or not the variance should be granted, Brooks stated this depended on the judgment of the Planning Commission as -to whether the applicant has met the four variance requirements listed in the Tigard Municipal Code. Commission Discussion and Action A. Mickelson moved -to approve the request based upon the finding that the four requirements listed in the Tigard Municipal Code have been met and that the public safety would not be impaired. B. Barkhurst asked if the drive--in sign is legal or non- conforming and, if non-conforming, would therefore be removed by 1980. C. Bolen stated that, the drive.-in .;ign is a legal sign based upon extensive footage on S. W. 72nd Avenue. D. Barkhurst seconded,the motion and it passed by unanimous vote of the commission present. 6. PUBLIC HEARING - Zoning Ordinance Amendment (contin rid from the June 4, 1974, regular meeting) 6.1 Ordinance Revision: Proposed ordinance amending Title 18, Tigard Municipal Code, creating a flood plain district and declaring an emergency. Staff Comments A. Ball disqualified himself from consideration of this item because he had been consulted by a property owner concerning the effects of this ordinance upon that owner's property rights. B. Brooks presented the revised ordinance and explained that its content had been changed from the originally submitted document, removing the 2 year moratorium provision and including a special review and permit sec t:i.on. This special review section was fashioned after the Washington County proposed ordinance and would allow certain filling and development to take place in the flood plain as a result of the planning commission's determination that no adverse .impacts would result. Brooks Also raised the question of property which has been assessed for street or sewer Improvements, but as a result of this ordinance, may Page 5 - PC Minutes tune 18, 1974 TIGA,RD PLANNING COMMISSION Staff Report June 18, 1974 Agenda Item 5.1 02-74 (Portland Gymnastic Center) Variance y On a site located within n access easement leading to property located at 1.1632 S. W. Pacific Highway. Site is located adjacent and southerly of the existing Far.jily Drive-In Theatre sign. Applicant Portland Gymnastic Center Applicant' s Request Approval to vary a vision clearance standard from a required 10 ft. above the ground to 7 ft. Applicant' s Proposal To place b directional and identification sign adjacent S. W. Pacific Hwy, and within a rision clearance area. Staff Finding 1. On May 210 1974, the Planning Commission took action to vary a provision of Title 16, TMC and allow an off-premise sign at the subject location. Please note the attached minutes of the May 21, 1974, Planning Commission meeting. 2. Section 18.08. 560, TMC, states " 'Vision clearance area' means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at inter- sections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no planting, walls, structures or temporary or permanent obstructions exceeding three feet in he:tght, except occasional tree trunks or poles. The vision clearance area shall be measured from the top of the curb or, if there is no curb, from the centerline street grade and ex- tend upward ten feet. " 3. Section 18.76.010 (Tigard Municipal Code) states " . . . the planning commission may authorize variances from the require- ments of this title where it can be shown that, owing to special and unusual circumstances related a specific piece of property, the literal interpretation of this title would cause an undue to uru.ecessa:y hardship. In granting a variance the planning commission may attach conditions which it finds necessary to protect the best interests of the surroundir.; property or "neighborhood and to otherwise achieve the purposes of this title" . In addition Section 18.76.020 (Tigard Municipal Code) states that "no variance shall be granted by the planning commission unless it can be shown tha- all the following conditions exist: (a) Exceptional or extraordinary conditions applying to the property thFA do not apple generally to other prope.-ties in the same zone or vicinity, which conditions ire a result of lot size or shape, topog--aphy, or other cir- cumstances over which the applicant has no control ; (b) The variance is necessary to the -ri- eservation of a property right of the applicant subStantially the same as is possessed by owners of other property in the same zone or vicinity; (c) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is liocated, or be otherwise detrimental to the objectives of any city development plan or policy; (u) The variance requested is the minimum variance from the provisions and standards of this: title which will allevi- ate the hardship. " 4. Section 16. 36.040, TMC, states "The minimum clearance below the lowest portion of a free-standing sign and the ground be- low shall be fourteen feet in any driveway or parking area. " 5. Upon reviewing the Planning Commission' s previous approval of the subject sign' s location, it appears the sign Is located within a driveway area. ;gee attached documents. Staff Recomrendation Withhold pending testimony by the applicant rel-ative to the; in- tended location and design of the sign. Staff feels sign should be located out of any driveway area and a minimum of 1i feet be- hind a curb. i • i _ I ° s.•cs veers I / .o •l.f�.' • 500 200 •a 1 1: 900 '•• d. -' ` !f r• �.: • r4 At ' cs 1oso •I IB--- Ili 00 To r R t .t•A. i A •�a• ••� I i700 IGO \G • ,. -- P F ! I •, °.• 2600to Ac t 600 •'A` 2602 Vi• 2601INA• `\ -W 4r . �. •\projJ Hca ti .: .,k 0• • 23-81 ..•• J� ° 1240 i T A 01 I o o 0 94j, US 0 O 1.o c` A.1 A •I t• ,y.••��,. / Soo 00 = rO?CA, :r 1601 . ('�� \ o n / :�. FAM" -411E-IN 14ATU tw •: .,a � May 29, 1974 Dr. John Webber Webber fiance Studio 11632 S„W. Pacific Highway Tigard, Oregon 9722.3 Re: Sign Coda Appeal SCA 2-74 Dear Dr. Webber: This is to inform you that; the above request has been approved by tho Tigard Planning Commission subject to the condition that said sign meet the minimum vision clearance standards of the Tigard Toning Ordinance as described by Ordinance Section 18. 12. 100 (b) . If you should have any questions regarding the above action, please do not hesitate to call Our office at 639-4171. Sincerely, Winalow C. Brooks Planning Director WCB/ifs 1. Gary Reid of the Tualatin Deveiooment Company stated his concern about the mechanics of setting up the proposed easement and stated his objection to the City Attorney' s statement that he was opposed to the original motion as a point of law. J. Ray Bartel stated that no parking was indicated on the original exhibit showing the main traffic lane and that no parking is the desire of the developer. Bartel stated the concept itself, which includes parking bays will ineffect prevent on-street parking. K. Joe Greulich of the Tualatin Rural Fire Protection District, suggested that the traffic lanes be named and the "nits be numbered according to the metropolitan numbering system to facilitate the Fire District locating a premise during an emergency. L. The Planning Commission voted on Hartman' s motion for amendment and it passed by majority vote with Barkhurst voting no. M. The Commission then voted on Barkhurst' s motion and it passed by a majority vote of the memebers present. N. Following the Planning Commission' s action, Joe Greulich asked to be recognized and asked the Planning Commission if they weren' t taking a step backward by allowing a 28 foot access drive to serve 5000 square foot 2 story buildings. 0. Whittaker replied that, the area in question is part of a planned development where age restr-ction have been imposed. This is therefore a unique circumstance and the Manning Commission is not hereby establishing a proredence for all multi- family development within the City of Tigard. 4. 2 Sign Code Appeal SCA 2-74 (Webber Dance Studio) A request by Webber Dance Studio, located 11632 S.W. Pacific Highway and adjacent the family drive-in theatre, to vary a provision of title 16 (Tigard Municipal Code) with respect to off-premise signs. Page 4 - PC Minutes - May 2.1 , 1974 ir Staff findings A. Brooks presented the relevant staff' findings and showed slides which depicted the planned sign location as well as surrounding signs, buildings, and access drives. B. Gary Reddeway, the project architect, presented the proposal and asked that the minimum clearance below the sign be reduced from 10 feet to 7 feet. C. Brooks said that the Zoning Ordinance required vision clearance 20 feet back from intersections for a distance above the ground from 3 to 10 feetand the request for a sign at 7 feet would require a variance application. Commission Discussion and Action A. Hansen moved to allow the sign as permitted provided it meets thg vision clearance requirements of the zoning ordinance and based upon the finding that the applicant has proven a need for his business to have a sign in an easement adjacent ^3cific Highway and by so doing the public safety will not be jeopardized and the sign will in fact be in the public interest by identifying this business and eliminate confusion for traffic seeking its location on the highway. B. Saketa seconded the motion and it was passed by a unanimousvote of 'the commission present. 4. 3 Interpretation of Use M 6-74 (Woodard) A request by Gerald H. Woodard to declare Appliance Repair as a similar use within a C-3, General Commercial Zone Staff Findings A. Brooks presented the staff findings relevant to this case. Testimony A. Gerald Woodard spoke in favor of the request' saying that it was his intent to operate from a structure behind the Art Center West on Iain Street for only a short period of time. In addition, he said that parking has been made available by the property owner. Page 5 - PC Minutes - May 21, 1974 TIGARD ,PLANNING COMMISSIOrl Staff Report May 21 , 1974 Agenda Item 4.2 SCA 2-74 (Webber Danr,e Studio) Sign Code Appeal For property located at 11632 S.W. Pacific Highway Applicant Gary Reddaway , Architect for Dr John Uebber Applicant' s Request Approval to erect an off-premise sic,n Applicant' s Proposal To erect an oFF-premise sign within an easement; located within the access way to the Family Drive-In Theatre. Proposed sign is carved wood and 36 square feet. on each side. Staff Findings 1 . Please minutes of May 7, 1974 regular meeting. Thi;, iter oas tabled at that meeting to allow submiosinn of additional information stating the proposed s , gnlocation ' and the location of existing and proposed adjacent signs. 2.. The star-' has taken photographs of the subject sign location and will have plans of adjacent duvelopment for Planning Commission rrvin�,. 3. Thi: applicant has not yet suhmitted additional information to the staff. It is anticipated however, that an additional submission w' 'll be made at the May 21 , 1.974 regular meeting. Staff Rec,immrndaLion Witheld, pending ri,viaw of applicant ' s submission f AE HRT)VIL D EY THE PLANNING 7 . AND ZONING.COMMISSION CITY OF TIGARD �11N6 auk / 1 ' / ! rasa NYt�w�yt maw cam; dao AV J T7 -10 �-*.w,ThuYM� kL s I � i, ZZ ` d , cl 00 rL C3 LL o -w- S i Q V In ;• :� i ' J � 1 ,t .3 MINUTES TIGARD PLANNING COMMISSION Regular Meeting May 7, 1974 Twality Jr. High School 14650 S.W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER F . The meeting was called to order at 7:40 PDM. 2. ROLL CALL A. Present: Ball, Frazier, 4artman, Mickelson, Nicoli , Sakate, Hansen; Chairman Whittaker; Planning Director, Brooks and Associate Planner, Bolen B. Abac;it ° Barkhurst 3. APPROVAL OF MINUTE'S A. The minutes of the April 2, 1974 meeting were approved as submitted. 4. MISCELLANEOUS 4. 1 Sign Code appeal (Webber-Dance Studio) The request by Webber Dance Studio located at 11632 S.U. Pacific Highway , adjacent the Family Drive-In Theatre, to vary a provision of Title 16 (Tigard Municipal Code) with respect to off-premise signs. Staff Findings A. Brooks presented the staff findings relevant to this case. Testimony by Applicant A. Gary Reddaway , the project architEct, presented a rendering of the proposed sign to be placed in the access easement adjacent Pacific Highway. He said all requests of the City have been met to date and because the sign was shown in the easement in the site design approved by the Planning Commission, and the applicant was informed by the staff that a sign would be permitted in the easement, that this is a reasonable requests and should be approved by the Planning Commission. B. Doctor Webber, the applicant , said that he would have purchased all the land to Pacific Highway to allow the placement of the sign if he had known at the time a sign would not have been allowed within the access easement. He said that the building has purposely been placed back from the Highway because it is an educational facility and there is a desire to keep the students away from traffic of Pacific Highway. C. Ball asked Doctor Webber if he had a copy of the easement agreement. D. Doctor Webber said no he did not have a copy of the agreement with him, but the easement provides for access, utilities and a location of a sign. E� Ball asked if the staff remembers the sign being Shown on the original site development plan.. F. Bolen said he remembers the sign being on the original. plans and said that he was the staff member who in°7rmdd the applicant that the sign would by allowed in an easement. He stated that he is now aware that he gave erroneous information to the applicant. G. Whittaker asked Dr. Webber if they had explored the possibility of combining signs with adjacent property owners such as Dunkin Donut^ or the Drive-In Theatre. H. Dr„ Webber said they had explored this possibility but none of their neighbors were receptive to it. I . Ball asked how this sign would fit in with existing adjacent signs on the Highway, J. Brooks said that upon construction the Dunkin Donuts and Taco Bell buildings, the billboard on the Dunkin Donut-Tact Bell property will be removed. The subject low profile sign proposed for the dance studio will therefore actually reduce the sign clutter. K. Frazier asked Dr. Webber what value he considered the sign would have upon his property. L . Dr. Webber said that wlt.hout the sign he would have to educate people to look for land marks in order to find his business rather than an identifying sign. He said the result could cause) traffic hazards on Pacific Highway resulting from confused drivers.. Page 2 - PC Minutes - 5-7-74 Staff Recommendation A. Brooks said that considering the public safety aspects the staff recommends approval of the applicants request with the condition that the sign meet the vision clearance standards of the zoning ordinances Commission Discussion and Action A. Hartman moved to approve the applicant request subject to any other requirements of the Tigard Municipal Code such as the site obstruction section of the zoning ordinance. Frazier seconded. B. Whittaker stated his belief that the Planning Commission does not have sufficient information to approve thesign at the present time even though the applicant did have a reasonable request, C. Hartman revised his previous motion to state that the Planning Director will approve the final. location and height of the sign. Frazier approved his second. D. Ball said he would vote against the motion because he would not like to give that authority to the staff. The Planning Commission would be granting a variance without being aware of the outcome of their dscision. E . A vote was taken on Hartman' s motion and it failed by a majority vote. F . Ball moved to table the request to the next regular meeting to allow submission of additional information stating the proposed sign location and the location of existing and proposed adjacent signs. Mickelson seconded and the motion passed by unanimous vote of the Commission present. 5. DISCUSSION - Street and Road Policy A rough draft of a preliminary Street and Road Policy had been drafted by the staff for Planning Commission review and comment. A. Bolen explained the proposed policy which he said would provide the city with a consistent method of improving the existing street system. Page 3 - PC Minutes - 5-7-74 TIGARD PLANNING Cnmmi ssION Staff Report May 7, 1974 AGenda Item 4. 1 SCA 2-74 (Webber Dance Studio) Sign Code Appeal For property located at 11632 S.W. Pacific Highway Applicant. Gary Reddaway , Architect for Dr. John Webhor Applicant' s Request Approval to erect an off premise sign Applicant ' s Proposal To erect an off premise identificat..ion sign within an easement ?.ocated L,ithin the access way to the Fam.i�! y Drive-In Theatre. Proposed sign is c, rvcd wood, 36 square feet on Each side. Staff Findings 1. the Uebber Dance Studio is located on a lot adjacent the P-cess way to the Family Drive-In Theatre and gains access to Pacific Highway over an easement within said accesE way. Said Dance Studio has no legal frontage on S.W. Pacific. Highway. 2. Thr, subject property .is located within a C-•3, General Commercial zone. 3. Chapter 16. 40 Special Types of Signs; Section 16. 40. n4n Certain Sicns Prohibited, (Tigard Municipal Co © subser,tion o) states "No off- premises sign shall be permitted in any commercial or industrial zone, except outdoor advertising signs, as regulated in Sec' ion 16. 46. n90. " 4. Taco Bell and Dunkin Donut restaurants have been approved adjacent the subject site and front on Pacific Highway. Each restaurant will have a sign. 5. Section 16. 34. 020 Variance Granting (Tigard Municipal Code) states "the Winning Commisoion may grant a variance from the provisions of this title based an findings that due u 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 mridified• " 6. Section 16. 74.010 Purpose and Scope slates "The city council finds that to protect the health, safety, property and welfare of the public, to improve the neat, clean, orderly and attractive appearance of the community, to improve the effective- ness of signs in identifying and advertising businesses, to provide for safe construction, location, erection, and maintenance of signs, to eliminate signs that demand rather than invite public attention and to prevent proliferation of signs and sign clutter , and to minimize adverse visual safety factors to public highway travelers, it is necessary to regulate the design, quaii.ty of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. 7. The applicant has riot shown the subject business i, J11 experiE-?nce. a hardship or that the objectives of the Sign Code are incorlsistant with a prohibition of off-premises signs . TFe Tigard Gymnastic Studio, a similar use, is located within an Industrial Park zone and has no street: identification sign. It does not appear ars off-promise sign is a prerequisite= tc the success or failure of the type of business in question. Staff Recommendation Based upon the above findings, the staff recommends denial of the applicant' s request Page 2 - Webber Dance Studio - Staff Report - 5-6-7i4 sirw� April 26, 1974 (G�,E�VD C,�TY (1F il(:PR� Mr. Winslow Brooks Planning Director 1'420 S. V/. Main Street Tigard, Oregon 97223 Dear Sir: This letter concerns the sign ordinance with regard to the Webber Dance Studio recently constructed adjacent to the Family Drive-In Theatre. Upon consulta .ion with you this date, I was informed that no off-premises signs would be allowed under the existing ordinance. Our problem is that Dr. Webber -)wns no direct street frontage, instead he holds two easements to S . W. Pacific Highway with a total frontage of 100 feet in width. rhis letter shall serve as an initiative document for an appe-1 of the sign ordinance to the Sign Code Board of Appeals . We wish to locate a wood carved sign, 36 square feet each side in size, within trio easement for business identification. Di-. Webber's easement agreement contains a clause allowing sign placement. V truly y urs , 7 Gary Re way G Rlpi. cc: Dr. John Webber GARY W. REDDAWAY, ARCHITECT - 802 MAIN STREET - OREGON CITY, OREGON 97045 NW I/4 SEI/4 SECTION 36 T IS R I W W.M. WA�NINGTNN COUNTY OREGON 61.1'. c�•e ••c.•••o. ++ I I ,.+or• ,.e+ .. •.teic SCALE 1•+ IG SEE MAVISI36AC Je1 +t• •e• I'•e -'•1 I.II 7 i•1• '1. 10- 1 1600 1700 +••• 1• 1?At • the I •c co. •.•c.••e+oe •.c++ I5 00s.. W1600 I I 1 Ir lr > • flla I CI! I 1 , ,• 1. 01 00 — 2 1900itsf I At I I 1 t•�a .� f/fie . Iola. I I � Eu K70 �F 1 .•;! I �I 1pat 1 •� 19 . J ' I 100 A _. - '-_ ._ - - I • • tr/Oc 1— 2000 i 1 , � •'' to At 1200iia 11 •d 2100 ' tria •flla 1 I ae••. 1 / 190 1100 3 2200 ,C JrAa N , lJlc :1. 23-68 I 1' ,:e A G�`i` . • •se•eo. o ei.1o•�+.n•• it 1000.6 2300 fiN1•s is• L IOrtt I1I• �H�1 0 s � i Is 61 23-G3. ► I �o aN•11'1 • 1 r ,C 901 � � I • � � % \ \ • ^ 1004 .� • / w It a 13jm I •� :aA SEE MAC I I • / Isl )6C• 60*Cs 10671It I I J It • 1 .•,• a :_"!;;''� 900 • goo " I l7 at �� edIt cs low !0o y �I ! d1 s 700 Iso T �� s•` .It ' .• 1pQO 1 S 1�i l►� I iii oac V a 1 IL L 1 j,4at I Ott MI 60V .: ISISi� At es�•.Y e<o rt 2607 ,>J.��,i• •• 1 Kf1l ror a• I\ 1 /, H �� C1 ball 2 00 8 1 r •��� I ��� •.�•••,e"c _ �M _ t 9 lows • •s • 210 23-81 i 0 i � ^ lot st— ! I W • H r .•. .or j = I,+,. too, 2g0� • r N SEF MAP a..•I.. 1s' 360c if ..e i OF hoi (D � 5 5e � � ho�a foo I�