SCA 7-74 SW 69TH & PACIFIC HIGHWAY 400 COUNTRY KI`T'CHEN _
Sign Code Subdivision (SCA 7-74)
Mayecnik property on Pacific
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December 11, 1974
Country Kitchen - Shakey's Pizza
c/o Carl Anderson
Coldwell Benker
1300 S. W. 5th Ave. , Suite 2600
First National Center
Portland, Oregon 971291
Gentlemen:
This letter officially notifies you that Country Kitchen"p request
for a siF,m variance was denies by the Planning; Commission on
N-vember 19, 1974.
Please feel free to contact this office at 639-4171 it you have
any questions.
Sincerely,
Richard Bolen
City Planner
RB:ps
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MINUTES
TIG.ARD PLANNING COMMISSION
November 19, 1974
Twality Junior High School - lecture room
14650 S. W. 97th Street, Tigard, Oregon
1. CALL TO ORDER
A. The meeting was called to order at 7:35 p.m.
2. ROLL CALL
A. Members present: Hartman, Nicoli, Popp, Sakata, Barkhurst,
Chairman Whittaker, City Attorney Anderson, City Planner
Bolen
B. Members absent: Ball, Hansen
3. APPROVAL. OF MINJTES
A. The minutes of the November 5, 1974, meeting were approved
as submitted.
4. PUBLIC HEARING - Conditional Use
4.1 CU 11-74 (John. Setniker Auto Repair)
Request by John Setniker for a conditional use permit to operate
an a}.'itomotive repair garage in the C•-3,, General Commercial zone
on property located at 13340 S. W. Pacific Highway (tax map 251,
tax lot 2000) .
A. Staff Findings
1 . Bolen presented the staff findings which, in summary,
described the project proposed by the applicant and
stated that the proposal does not conform to the adopted
plan for the area.
B. Testimony and Cross Examination
1. John Setniker, the applicant, described his operation
to the Planning Commission stating that he would be
operating an automotive repair garage and added that
the gasoline pump shown on the site plan would be for
his own use only.
2. Wes Hycey of S. W. 103rd Street said that he had been
a customer of Setniker's for 2O years and thought
the request should be approved. In additinn. hp ;;driPri
PC Minutes — November 19 , 1974 - page 1
t..'at th" :!":t.2 , , w`i�-h was dlst.,"Ibuteft s'ta`ed the
u,Geting time a,6 or.gir-rr-ir- at. 8:00 and the Pyar�. ing
C:anr.i� .ior�, should have :tela to this time
rattier than start at i 50.
3. Chuck Stearns of S. W. School Street said that Mr.
Setniker should be allowe l to continue hls b-siness
on the proposal parcel.
4.
Fred Olson, a property owner rearoy ori Pacific High-
way said that he believes the business should be
allowed at this new lo<.ation.
5. Gordon Moore said that he agreed with statements
made by previous proponents.
C. Staff Recommendation
1. Bolen recommended denial of the request based on the
staff findings which included that the request does
not conform to ;he adopted NPO #1 Plan and that the
street system as it exists is not sufficient to handle
increased commercial traffic loads.
D. Commission Discussion and Action
1. Hartman asked Bolen to show on the applicant's site
development plan where: the new frontage road would
be located. Bolen showed the road and pointed out
that it would pass to the rear of the proposed
building site.
2. Nicoli asked the City Attorney if this use could be
postponed until the frontage road were constructed.
The City Attorney replied that the City could not freeze
development of this land based upon a court decision
concerning the City of Salem. He referred to this as
the "Salem Freeze Case".
3. Whittaker stated his concern over the fact that the
proposed uae noes not conform tc a publicly adopted
plan.
4. Barkhurst stated his belief that the existing frontage
road is riot adequate -to serve commercial development
and the change in use of this property from residential
to commercial use should be made with provision for the
frontage road shown in the NPO #1 plan.
5. Popp asked if the future frontaga road could serve this
parcel. Bolen said yes, it would traverse the rear
of this parcel.
PC Minutes - November 19, 19',14 - page 2
6. Popp moved to approve the conditional use based upon
the finding that it would not violate the NPO #1
plan and that a community need has been demonstrated.
In addition he included that a towing operation could
be part of the approvEi use. Nicoli seconded the
motion.
7. Barkhurst said that he could not 'vote for the motion
in that the burden of proof lies with the applicant
to convince the Planning Commission of the conformance
of his proposal with the comprehensive plan as well as
the other questions raised by Fasano. He said that, in
his opinion, this has not been done by the applicant.
8. Nicoli stated his belief that the requested use could
create less traffic than anything else that could go
on the site.
9. Hartman abstained, stating he had discussed this matter
with the applicant previous to the hearing.
10. Whittaker said. he found it unfortunate that the NPU
had not commented on this item before the Planning
Commission's consideration. He said there were two
questions which concerned him: conformance with the
adopted plan and the question of whethe- or not there
were other more suitable sites located in the vicinity.
He was impressed with the sentiment, demonstrated by
the patrons of Mr. Setniker in the hearing, but .,aid
he could not overlook his commitment to good lanO use
planning.
11. Nicoli stated his belief that there were no other sites
available in the area.
12. Sakata stated that this was a difficult decision to
make because of the testimony given in support of Mr.
Setnikel,l s request, but that the Planning Commission
must examine the buiden of proof presented by the
applicant.
13. The Planning Commission voted on this item and it
passed by a majority vote with Hartman abstaining
and Barkhurst and Whittaker voting no and Popp,
Nicoli and Sakata voting yes.
4.2 CU 12-74 (American Legion Post 158)
Request by American Legion Post No. 158 for a conditional use
permit to operate a lodge facility in the C-3, General Commercial
zone on property located at 13620 S. W. Pacific Highway (tax map
2S1 2CC, tax lot 900) .
PC Minutes - November 19, 1974 - page 3
A. Staff Findings
1. Bolen presented the findings, the most significant of
which pointed out conformance with the existing adopted
plan for the area and that this site would be a more
suitable location than the site presently being used
by the Legion on 72nd and the frontage road.
B. Testimony and Cross Examination
1. Jim Roundtree, the realtor handling the sale of this
property, presented the Legion' s proposal for use of
this property.
2. Arnie Fisher, a member of the Post, said that the
Legion intends to make this site a show place. He
continued by saying that the existing site on 72nd
dries not have adequate parking and is creating traffic
congestion in that area.
C. Staff Recommendation
1. Bolen recommended approval of the applicant's req� .est
with the condition that some form of screening be pro-
vided on the site of the property facing the Camella
Apartments and that a detailed site plan be submitted
conforming to City code requirements.
D. Commission Discussion and Action
1. Popp moved to approve the request based upon the finding
that it conforms with the adopted NPO ##1 Plan and with
the condition that a site development plan be sub-
mitted. to -the staff .for their approval which conforms
to the standards of the site development ordinance and
which shows provision for drainage. Hartman seconded
and the motion passed by a unanimous vote of the
commission present.
5. MINOR LAND PARTITIONING
5.1 MLP 8-74 (Country Kitchen/Shakey ' s Pizza)
Request to partition property located at the intersection of
S. W. 69th Street and Pacific Highway on the northeast corner
to provide two parcels to separate restar.-ant facilities.
(tax map 1S1 36AD, tax lot 4300) .
A. Staff Findings
1. Bolen presented the staff findings relevant to this
case.
PC Minutes -November 19, 1974 - page 4
B. Testimony and Cross Examination
1. Carl Anderson of Coldwell-Banker explained the proposal
to the Planning Commission.
C. Staff Recommendation
1. Bclen recommer.Lded approval of the submitted plan with
the following conditions:
a) that the applicant submit joint access and parking
agreements
b) that the storm drainage on the 69th Avenue side be
located in the public right-of.-way
c) that 69th Avenue be improved with a half street
improvement
d) that the two access drives now existing on Pac.i _ --
Highway be removed and replaced with curbs nd a
sidewalk
D. Commission Discussion and Action
1. Barkhurst moved to approve the requested Minor Land
Partitioning basad upon the staff findings and according
to the staff recommended conditions. Hartman seconded
and the r.iotion passed by unanimous vote of the Council
Commission present.
2. Hartman made a motion to modify the approval as regards
the required street improvement for 69th. He moved
that storm drainage be the only improvement required
on the 69th Street. Popp seconded and the motion
passed by majority vote.
6. OTHER BUSINESS - Sign Code Appeal
SCA 7-74 (Country Kitchen - 69th & Pacific Highway)
A. Staff Findings
1. Bolen stated that the parceling of this property would
reduce the allowable sign area for the Country Kitchen
Restaurant and they state that a hardship would thereby
be created.
B. Testimony and Cross Examination
1. Carl Anderson of Coldwell-Banker stated that the smallest
sign produced by the company is what they are proposing
for this site which has a total of 420 so. feet. He
PC Minutes - November 19, 19714 - page 5
e.
said that it would present a nara,hip for the company
not to be able to use their standarC :sign.
C. Staff Recommendation
1. Bolen said that the lot frontage would allow a sign
larger than many already existing on the highway and
in his judgment a sufficient hardship did not exist
to justify the granting of a variance from the sign
code.
D. Commission Discussion and Action
1. Barkhurst moved for denial of the variance request in
that no hardship has been established. In addition
he stated that allowing the variance would be granting
a special advantage over other similarly situated
properties. Nicoli seconded and the motion passed by
unanimous vote of the commission present.
7. ADJOt RNMENT
A. The meeting adjourned at 11 :05 p.m.
PC Minutes - November 19, 1974 - page 6
i
Coldwell Banker
CUMMLRCIAL BROKLRAGL CUMPANY
November 18, 1974
Mr. Richard Bolen
City of Tigard
1240 S .W. Main Street
Tigard, Oregon 97223
RE: Sign Code Waiver for Country Kitchen an 69th & Pacific Highway
Dear Mr. Bolen:
I have been requested by C .K. of Portland Inc. , as purchaser, and Michael and
Lucy Mayernik , as seller, for that parcel of property located at the northeast
corner of S.W. 69th and Pacific highway in Tigard, Oregon to request a variance
to the City of Tigard sign code for a restaurant in C-3 zoning. The request on
the sign code variance is to allow C.K. of Portland Inc. to use their standard
restaurant sign of approximately 420 square feet (two-sided) on the plot out-
lined in red on the attached subdivision plan. Said requested sign is in excess
of the allowable square footage for a sign on Parcel 1 with the noted front footage.
In requesting this variance to sign code it would allow C.K. of Portland Inc.
occupying said signs used by other businesses along Pacific Highway in like
businesses.
C.K. of Portland Inc. requests a sign variance for said Parcel 1. predicated
on the following reasons:
1. Country- Kitchen signs are currently mass : roduced with predetermined
specifications through a national supplier. Variance of these specifications
would produce undue hardship and cost for alteration of a special sign to
be placed on said Parcel 1.
2. C.K. of Portland Inc. is attempting to maintain a national identity
throughout their restaurant chain which necessitates the use of their
standard sign on ell restaurant locations.
3. C .H . of Portland Inc. requests the ability to compete in the restaurant
business along Pacific Highway on an equal basis with other restaurants
currently in business. This necessitates their being able to have com-
parable exposure In signage to other operations along Pacific Highway.
4. Allowing sign variance for Parcel 1 enables a minor land partitioning
which would produce a reasonable size plot in Parcel 2, which is a
benefit to the City of Tigard in long range planning.
FIRST NATIONAL CENTER•SUITE 2600-4300 S W FIFTH AVENUE•PORTLAND.OREGON 97201-(503)2211900-A COLDW11 L BANKER COMPANY
Mr. Richard Bolen Page Two
City of Tigard November 18, 1974
Your consideration of this request is important to the viability of this project
and an affirmative decision for this variance would greatly aid the continuance
of this development.
Sincerely,
C'
LDWEI�L BA ER
Carl Anderson
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4621 S W Kelly Avenw iortlond Oregon
Date Seel*: 271-1839 97201
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