MMD2017-00043 NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2017-00043 11111
BUSTER'S BARBECUE TIGARD
120 DAYS =January 23, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: Buster's Barbecue
CASE NO.: Minor Modification (MMD) MMD2017-00043
PROPOSAL: The applicant proposes to install two (2) above-ground condensing units, adjacent
to the east façade of an existing eating and drinking establishment (Buster's
Barbecue). The applicant also proposes to construct a fence to screen the
condensing units from view from adjacent parking areas and public streets.
APPLICANT: AA Consulting PM,LLC
Attn:Kelman Acres
13242 NW Glenridge Drive
Portland,OR 97229
OWNER: George E.Jr. &Stephen A. Scholibo
11419 SW Pacific Highway
Tigard, OR 97223
LOCATION: 11419 SW Pacific Highway
WCTM 1S136AD,Tax Lots 5000, 5100, and 6100
ZONING
DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to
accommodate a full range of retail, office and civic uses with a city-wide and
even regional trade area. Except where nonconforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. A wide range of uses, including but not limited to adult
entertainment, automotive equipment repair and storage, mini-warehouses,
utilities, heliports, medical centers, major event entertainment, and gasoline
stations,are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
MMD2017-00043 Buster's Barbecue 1
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 11419 SW Pacific Highway; on the north side of SW Pacific Highway,west of
SW 65th Avenue, and east of SW 69th Avenue. The property is also located directly west of the city's
border with the City of Portland. The 1.92-acre development site is made up of three tax lots (WCTM
1S136AD, Tax Lots 5000, 5100, and 6100), and contains an existing eating and drinking establishment
(Buster's Barbecue) with associated parking and landscaping. The site is zoned General Commercial (C-
G).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
Section 18.360.060.0 states that a Minor Modification shall be approved, approved with
conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: The applicant proposes to install two (2) above-ground condensing units, adjacent to
the east facade of an existing eating and drinking establishment (Buster's Barbecue). The applicant also
proposes to construct a fence to screen the condensing units from view from adjacent parking areas
and public streets.
Staff reviewed the applicant's narrative and site plan to determine the proposal complies with the
special provisions for screening of service facilities,as outlined in'1UC 18.745.050.E.2:
"Screening of service facilities. Except for one-family and two-family dwellings, any refuse
container or disposal area and service facilities such as gas meters and air conditioners which
would otherwise be visible from a public street, customer or resident parking area, any public
facility or any residential area shall be screened from view by placement of a solid wood fence
or masonry wall between five and eight feet in height. All refuse materials shall be contained
within the screened area."
Accordingly, staff concludes the two (2) above-ground condensing units will be adequately screened
from view, and that the proposed fence meets the screening standards outlined above. Furthermore,
compliance with state building code setback requirements will be ensured at the time of building permit
submittal. Upon review of the applicant's plans and narrative, staff finds that all other applicable
requirements are met. This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in '1'DC 18.360.050.B.1-11 are either satisfied or do
not apply. Therefore, the proposed development is not a major modification.This criterion is met.
CONCLUSION: The proposal is a Minor Modification of existing site development and is in
MMI)2017-00043 Buster's Barbecue 2
compliance with the applicable requirements of this Tide.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON SEPTEMBER 25, 2017
AND BECOMES EFFECTIVE ON SEPTEMBER 26, 2017
Questions:
If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
411.11111w- �-� ' September 25,2017
APPROVED BY: Lina Smith
MMD2017-00043 Buster's Barbecue 3
APPLICANT
MATERIALS
RECEIVED
1 City of Tigard SEP 2 0 2017
�� COMMUNITY DEVELOPMENT DEPARTMENT
.
F TIGARD
Minor Modification Tv e I Appli : TING
a
J
PROPOSALSUMMARY (Brief descripti n REQUIRED SUBMITTAL
/ 'X'I �J &0 L.rt Z ELEMENTS
F/ 4,4 2,11( i.34 -1'41), Q /41,3i17 ['Owner's Signature/Written D i 1 Ai )4k/$ i ( - 4C I - L J Authorization
l)of De L / c C 14"-i/tg" Title Transfer Instrument or Deed
14 W144;,-v•- -.T .
ite Plan(2 large plans drawn to scale
and one reduced to 8.5"x111/2")
applicant's Statement/Narrative
Property address/location(s):
(2 copies)Address criteria in:
BUSTER'S BARRECUE TDC 18.360.050.8.1-11
Tax map and tax lot #(s): 11419 S.W PACIFIC HWYFiling Fee
TIGARD, OR 97223 ,
Site size:
Pn4
/ / I OR STAF USE ONLI
A licant*: 7// �., �< ��J LL .. '��VppC--
CaseMto0zot 3
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Address: /3zia VP--�� $*.4/,,K)D6 � Related Case No.(s):
City/state: &WTI— > C.N . Zip: 9 7zz7 ()
C t Application Fee: 3 0 3
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Phone: I —At, mail: )y -:,),,,,cteir e..5 prf,t,L
Application accepted: /
By: ifit) 0 Date: I Tot
PROPERTY OWNER/DED H LD R S)* El Same as Applicant
Name: — / t Application
ndetermined complete:
Address: _ _ - _ _ - - - _ By: 4....0 Date: J7'
City/state: 11419 S.W. PACIFIC HWTip: I:\CURPLN\Masters\Land Use Applications Rev.11/24/2014
OR 97223
TIGARD,
Contact name: �' r
Phone number: V v_s 77,', . ,l y 7
When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or
18.330.020(B)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to
process the application would be reason to consider an application incomplete and delay review of the proposal.
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
. : 'i tet"`�.i�;_• 'as - • the subject property required.
47
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App cant's signature Print name D to
•• ner's si• . • diV Print na ate
_40
//://Ow��si• ature Pr nt name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: _ Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
Clackamas County Official Records 2014-014711
Sherry Hall, County Clerk
04/01/2014 01:12.32 PM
Recording Requested By: M SUET Cnt=2 Stn=2 LESLIE
Key Bank National Association S5.00 S16.00 S5.00 510.00 522.00 $58.00
Prepared By: Debora C.Cox
888-603-9011
When recorded mail to:
CoreLogic
450 E. Boundary St.
Attn: Release Dept.
Cha in SC 29036
1 lull III VIII 1111111111111111111111011111 iii!
Case Nbr: 29117997
Ref Number: 2000303711
Tax ID: 00514606
4/13/2014
Property Address:
17883 SE McLoughlin Blvd
MILWAUKIW,OR 97222
ORO-R---ST 29117997 E 4/1/2014 This space for Recorder's use
SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE
KEYBANK NATIONAL ASSOCIATION,whose address is 431 PARKCENTER BLVD,BOISE,ID 83706,the
present beneficiary for the Deed of Trust described below,does hereby substitute Nationwide Escrow Services,
Inc.,an Oregon Domestic Business Corporation as Trustee under said Deed of Trust in place of TICOR
TITLE INSURANCE COMPANY.
Nationwide Escrow Services,Inc.,an Oregon Domestic Business Corporation,whose address is 450 E.
Boundary St.,Chapin,SC 29036,the present trustee for the Deed of Trust described below,in consideration of full
payment and satisfaction of the debt secured thereunder, does hereby reconvey,without warranty,to the person(s)
legally entitled thereto all of the estate,title and interest conferred to said Trustee by the Deed of Trust described
below:
Original Lender: KEYBANK NATIONAL ASSOCIATION
Original Trustor(s): GEORGE E.SCHOLIBO,JR.AND STEPHEN A.SCHOLIBO
Original Trustee: TICOR TITLE INSURANCE COMPANY
Date of Deed of Trust: 12/17/2003 Original Loan Amount: 5500,000.00
Recorded in Clackamas County,OR on: 12/18/2003, instrument number 2003-163851,book N/A and page N/A
IN WITNESS WHEREOF,the undersigned has caused this Substitution of Trustee and Deed of Reconveyance to
be executed on 4/1/2014
KEYBANK NATIONAL ASSOCIATION Nationwide Escrow Ser ices,Inc.,an Oregon Domestic
Business Corporation
!1
By B dia.____ .�._
Debra Shealy,Authorized Signor Jana L.Poe,Vice P at ent
State of SC,County of Lexington
On this 01 day of April,2014 before me personally appeared Debra Shealy,Authorized Signor of KEYBANK
NATIONAL ASSOCIATION and Jana L.Pope,Vice President of Nationwide Escrow Services,Inc.,an Oregon
Domestic Business Corporation who provided satisfactory evidence of their identification to be the persons whose
names are subscribed to this instrument, and they acknowledged that they executed the foregoing instrument.
Sakt- 173 C(/(Z
N ary Public:James B.Krimm
Lexington County,South Carolina
My Commission Expires: 12/1/2021 I .IAMFS R. KRIMM l
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�^f- ' j4=,..s___� ” ,'�.1 SCREENING FENCE SHALL BE SOLID WOOD, AND
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TALLER THAN 7 FEET ALSO REQUIRES A BUILDING
'' PERMIT.
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