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400 C. L. MARDOCK
Denied Zone Change
SW 72nd & Varns Road (West)
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February 26, 1969
Mr. and Mrs. C. L. Mardock
10275 S.W. Haaelbrook Road,
Sherwood, Oregon, 97140
Re: Rezoning Application
From R-7 to A--2
#281 1.D, Tax Lot :00
N.E. Corner of S.W. 72nd
• & Yarns Street
67,E
Dear Mr. and Mrs. Mardock:
This is to confirm that the Tigard City Council, by
their action at their regular meeting, February 24, 1969,
denied your application for rezoning the above property,
~ll If I may be of furthe.- assistance to you regarding this
matter, please feel free to cal on me.
. : y. s. , .,'fE.r"'SA;lft�r' t��? ' r ;i ►r ! 2' t ti,t,, `y
Sincerely,
Doris Hartlg
City Recorder
cc/ Attorney D. H. Joyce
312 Franklin Bldg.
333 A.W. 5th
Portland, Oregon 97204
•
•
CITY OF TIGARD, OREGON
ORDINANCE No. 69 -
AN ORDINANCE GRANTING A ZONE CHANGE WITH RESPECT TO THI: LANDS OF
C. L. :Iardouk and Doris Mardock et al in Section 1, '12S, R1W, t•7.'l.
TIGARD, WASHINGTON CnUNTY, OREGON
WHEREAS, the hereinafter described lands, by action of the
City Council of the City of. Tigard, Oregon, pursuant to the Zoning
Code of said City, have heretofore been in the use to those uses
permitted by said Code, under, and have been classified and zoned
for, R-7 (residuntial ) and
WHEREAS, pursuant to prescribed procedures, the owners cf
said lands have applied to the City of Tigard for reclassification of
said property and change of zone thereof to permit the use thereof
for A-2 ( lultiplu Dwelling) purposes, and said application has
been duly publicized and public hearing held by the City Planning
Commission on Januar}__21,, _19Gr!._ after due and legal notice; and
WHEREAS, the Planning Commission has recommended disapproval
of said zone change to the City Council, and due and legal notice of
City Council hearing having been given by publication in the Tigard
Times, and the City Council having heard same at its regular meeting
of February 24, 1'161 , and the Council finding that no public
det'rTment willresultfrom granting of said petition, and that it is
in the public interest that said zone change be approver], and the lands
re-zoned from R-7 (Residential) to A-2 ('lultiple Dwelling)
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
_Section 1: That the following described lands be, and the same are
hereby, zoned as A-2 for use in accordance with the
`-r.Tnsification of the Zoning Code of
the City of Tigard, which Zoning Code with respect to the A-2
classification is by reference herein made a part hereof:
hot 12, Varncs Adui t ion (acres) , Washington County, nreyon excepting
that portion lying within the right-of-way of Highway 217, Reavorton-
Tigard Highway.
Section 2: This ordinance shall be effective on the 31st day after
its enactment by the City Council of 'Tigard, Oregon.
•
PASSED: Hy unanimous vote of all Council members present, after
being read three times by number and title only,
thi3 24th day of_ P ,ruary_ _ , 1969
Recorder' C`ffy--off Ward'
APPROVED: By the Mayor, this 24th day of rei.�ruar 196r�
ORDINANCE No. 69 -
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, i . CITY OF TIGARD
l .NOTICE OF PUBLIC HEAR.
COUNTY OF WASHINGTON, JI Qa' ANG
ZONE CHANGE
Noflce is hereby given that
I, Joseph Schafer _ - public hearing will be held
y the City Council in the
Council Chambers at City Hall
being first duly sworn, depose and say that I am the publisher ...___...._.._ Tigard, Oregon on Febru-
Y 24, 1969, at 8:00 P.M. with
of The Tigard Times, a newspaper of general circulation, as definedespecl to the following appli-
,
cation.
`ly ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and !Applicant is C. L �ardack
'and Doris MaTdo "property
s ,.;e; that the legal notice, a printed copy of which is hereto annexed, was located at N.E. corder of S,W,
72nd Avenue and Varna Street,
published in the entire issue of said newspaper for 2 successive and -Map #281 1D, Tax Lot 800,
• resent Zone R.7 (Reslden-
a l); Requested Tone A_7
consecutive weeks in the following issues .Feb*..__13-.--ec--.-2.Q, 196.9 _ ultiple Dwelling). Applicant
appealing denial by Planning
w. _-----*---,7-- Zoning Commission.
.- ? ,_,, Sig� All interested persons may
/f Jy etu and be heard to favot
/ ` or against the said propos,,;
Subscribed and sworn to before me this ........_....?0th.........__. day of ..._.._... AY ORDER OF THE CITY i
tie Hartig COUNCIL
F'ebP4ary 11_69 Recorder
236-Publish Feb. 13, 20,
7)11.,..,-' ---_.r.„ t---1-//.....,----•--/J 9)
Notary Public of Oregon
My commission expires LEY COMMISSION FJIpJA S1QYLMS[R i8, 1971
..r .
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, 1
COUNTY OF WASHINGTON, ss. jITYOFTIQARD
iog OF PUBLIC HEA,
NE
_-_._............._.._
oCHANGE
I, Joseph "c ,afer hereby Ven that
bile hearing
will be held
being first duly sworn, depose and say that I am the publisher -.--.__..._..-.._.-.. he. C ty Council in the
11 ( anbera at Cfty Hall
of The Tigard Times, a newspaper of general circulation, as defined 9tl`'I`1141, kbregon on Febru•
nary 24 I969,.at 8:00 P.M. with
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and to the following appii..
;CM11.
state; that the legal notice, a printed copy of which is hereto annexed, was 'and t i is ..,.j,,,,, dock
and Dorolls! Mardocic, property
:Ideated at N.E. oorher of S.W.
published in the entire issue of said newspaper for 2 successive and 772nd Avenue and''erne Street,
'Map #291 ID, TaX Lot
consecutive weeks in the following issues
Feb. 13, 20, 1969__- .Present zone R-7 (Residen-
;tla1); Requested Zone A-2
;(Multiple Dwelling). Applicant
,1s appealing denial by Pliannlns
/1 j :and Zoning Commission.
, /------
v/ / (9 ature) All interested persons,ahty
appear and be heard In i tror
of
Subscribed and sworn to before me this 20th _ day of ............ al
or against the said plcdWs-
.
BY ORr sR OF THE CITY
'bbr�lary 1869 :,.. COUNCIL
Doris RIg
City Rrrorder
'�L -f�1 236-Publish Feb. 13, 20,
Notary Public of Oregon 19691
My commission expires art COMMISSION C):PIRE4d10VEPj,UER 18, 1971
CITY OF TIGARD
NOTICE OF PUBLIC HEARING
ZONE CHANGE
Notice is hereby given that n public hearing will be
held by the City Council in the Council Chambers, at City
Hall in Tigard, Oregon, on February 24, 1969, at 8:00 P.P .
Li3
with respect to the foI.1.ri rir.r application.
Applicant is C. L. Mardock and Doris Mardock, 'property
located et N.F. corner of S.W. 72nd Avenue and Yarns
[treet, Map 2S1 1D, Tax Lot 800, Present Zone R-7
(Residential); Requested Zone A-2 (Multiple Dwelling).
Applicant is appealing denial by Planning and Zoning
Commission.
All interested persons may appear and be heard in favor
of or against the said proposal.
BY ORDER OF THE CITY COUNCIL
Ports Hartig
City Recorder
TT Publish 2/13, 20, 1969
T •
TIGARD CITY OF TIGARD
12420 S. W. Main Strait P.O. BOX 23557
TIGARD, OREGON 97222
February 18 , 1969
•
CITY OF TIGARD
NOTICE OF PUBLIC HEARING
ZONE CHANGES
Notice is hereby given that a Public Hearing will be held
by the City Council in the Council. Chambers at City Hall in
Tigard, Oregon, on February 24 , 1969 , at 8 :00 P.M. with respect
to the following application.
Applicant is C. L. Mardock and Doris Mardock, property
located at N.E. corner of S.W. 72nd Avenue and Varns
Street, Map #2S1 1D, Tax Lot 800 , Present Zone R-7
(Residential) ; Requested Zone A-2 (Multiple Dwelling) .
Applicant is appealing denial by Planning and Zoning
Commission.
All interested persons may appear and be heard in favor of or
against the said proposal.
BY ORDER OF THE CITY COUNCIL
o i it t g `L
City Recorder.
1-31-69
REPORT ON ZONE CHANGE APPEAL
TO: Tigard City Council
FROM: Tigard Planning & Zoning Commission
Zone Change Application: R-7 to A-2
Applicant: C. L. Mardock
10275 SW Hazelbrook Road, Sherwood
Property Involved: NE corner of SW 72nd Avenue and Varns Street
(Map #2S1 1D Tax Lot 800)
Size of Property: 1.8 acres
Staff Recommendation:
The City staff recognizes that the property involved is now
unsuitable for R-7 development and that consideration of a zone
change should be made in light of the new freeway 217 and future
widening of 72nd Avenue. The staff does feel that multi-family
residential development is not as appropriate for the property in
this location as perhaps a professional office building which could
be developed under A-2 zoning with a Conditional Use.
The close proximity of the freeway and its accesses are
elements; which are more disturbing to any full time residential
developnent than to a daytime office use. The exposure from the
freeway is good for such office development, as is the site with
its tall trees and good access.
A full interchange is proposed to be constructed at SW 72nd
Avenue and Hwy. 217 which would allow better access to Highway 217
going north.
Perhaps the zone change and property development is a matter
of timing.
A-2 zoning would allow for 38 apartment units.
Public Hearing:
The applicant and an attorney for the proposed developer spoke
in favor of the zone change.
Five neighbors spoke and several more were in attendance from
the Rolling Hills subdivision, in opposition to the zone change.
Commission discussion and action:
The Commission discussed our existing sewer problem and their
preference for office development on the site. It seemed to be the
consensus that the timing was not right at the moment for the zone
change. There was an unanimous vote of the Commission to deny the
zone change.
Irimmmmimmft
DONALD H. JOYCE
ATTORNEY AT LAW
712 rRAN nLI N BUILDING
33.3 S.W.S'"AVENUE
PORTLAND.OREGON 9.'204
TELE^HONE 227-2591
Jan. 28 ,1969
Honorable City Council
City of Tigard
Tigard, Oregon
Re: Application of Zone Change from R7 (single family
residential) to A2 (Multi-family residential)
by C.L. and Doris Mardock,on their property
located on West Side of State Highway 217 on
SW 72nd Avenue and Barnes Road (Map 2S1-1D
Tax Lot 800)
Gentlemen:
You will please take notice that the applicants ,
C.L. and Doris Mardock , herewith and hereby appeal
to the City Council of the City of Tigard, Oregon,
from the action of the Planning and Zoning Commission
of the City of Tigard, State of Oregon, taken on the
21st day of January, 1969 , wherein and whereby the
said Planning and Zoning Commission of the City of Tigard
refused application for zone change above described.
Dated this 28th day of January, 1569 .
-150n-ETZ . 'oyce, ttorney or
C.L. and Doris MardocK
cc/ Planning and Zoning Commission.
City of Tigard
12420 SW Main St.
City Hall - Tigard, Oregon.
RECEIVED
..SAN 3 0.3 1969
CITY OF TIGARD
i , ,,,
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•
January 27, 1969
,--,
rii Nr. C. L. nardock
n2T, s ; Hazelbrook Road
Sharaood, Oregon 97140
I, fl
Dear Mr. Mardock:
-...., Thi., is to officially inform you of the deciaion of the
1 Tigard Planning and Zoning Commission at their regular
meeting on January 21 , 19( 1 , to deny your requ,,--tat for 4
zone change from P-7 to 1)-2 on rJ1',? propl,rty locate,1 on the
c,arher of Yarns Stref)t 3 72r .venue (lap #2S1 it)
Tax Lot ROO) .
If I can arr nny juestionri for you on this, please c:111
H .---) me.
i • lincerely,
rrily ',1.
Y1t nlannr
1(7
V
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Planning & Zoning Commission
January 21, 1969
Item 3-F
Zone Change Application: R-7 to A-2
Applicant: C. L. Mardock
10275 SW Hazelbrook Road, Sherwood
Property Involved: NE corner of SW 72nd Avenue and Yarns Street
(Map #2S1 1D Tax Lot 800)
Size of Property: 1.8 acres
Staff Recommendation:
The City staff recognizes that the property involved is now
unsuitable for R-7 development and that consideration of a zone
change should be made in light of the new f..eeway 217 and future
widening of 72nd Avenue. T:.e staff does feel that multi-family
residential development'5not as appropriate for the property in
this location as perhaps a professional office building which
could be developed under A-2 zoning with a Conditional Use.
The close proximity of the freeway and its accesses are
elements wh:.ch are more disturbing to any full time residential
development than to a daytime office use. The exposure from the
freeway is good for such office development, as is the site with
its tall trees and good access.
A full interchange is proposed to be constructed at SW 72nd
Avenue and Hwy. 217 which would allow better access to Hwy. 217
going north.
Perhaps the zone change and property development is a matter
of timing.
A-2 zoning would allow for 38 apartment units.
i
F. Zone Change
C. L. Mardock, Applicant
A request for a zone change from R-7 to A-2 on a 1.8 acre
property located on the NE corner of 72nd Avenue and Varns
Street (Map #2S1 1D Tax Lot 800)
1. Staff recommendation for denial
2. Public Hearing opened
a. Mr. Donald Joyce, Attorney for Cann Construction,
spoke for the proposal saying that because of the
fine residential neighborhood and the adjoining
industrial district, there was need for a multi-
family buffer. He said he also felt that commercial
would bring more traffic than an apartment develop-
ment.
b. Mr. Rubin Dacklin, 13235 SW 76th Avenue, spoke in
opposition to multi-family development; that the
traffic pattern was not good for such development.
Mrs. William Swannie, 7325 SW Varns, said she was
opposed because of the already great traffic hazard
for the children walking along 72nd to Phil Lewis
school and for the older students who must wait
there for the bus to the high school. She was also
opposed to such development without sewers.
Mr. John Bishop, 7375 SW Varns, said he felt the
high class residential subdivision of Rolling Hills
was not compatible with apartment development.
Mr. Al Drew, 13235 SW Varns Street, thought office
development would be fine. lie explained the area
development, then said he thought the proposed site
was poor for residential development, there was a
bad traffic situation and that he would like to see
the Commission make a zone change decision only
after the comprehensive plan has been completed.
c. Mr. Loren Mardock, applicant, said he felt the
neighbors must recognize that they are being
encroached upon by commercial and industrial
development; that the vacant area around them
could very well develop in commercial and industrial
uses. He said the County felt that apartments
would be a good buffer.
d. Mrs. Swannie and Mrs. Nelson, 7330 SW Varns Street,
spoke saying that they felt 40 families were too
much, and would only aggravate the traffic problem.
e. Mr. Joyce explained that the proposal included
bringing the sewer to the property at the expense
of the developer.
page 3 P.52. Minutes
1-21-69
c. Mr. Aitken said he felt such development wouru ue
premature, and that we must seriously consider our
sewer problem.
d. It. was moved (Lewis) , seconded (Phillips) and passed
by unanimous vote of the Commission present, that
t' e application be denied.
•
•
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ) ss.
City of Tigard
I, Emily M. Wied, being first duly sworn, on oath
depose and say:
That I am Planning Administrator for the
City of Tigard, Oregon.
That I served notice of hearing of the
Tigard Planning and Zoning Commission of which the
attached is a copy (Marked Exhibit A) upon each of
the following named persons on the 10th_ day of
January , 1969, by mailing to each 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 10thday of n»ary __ , 1969,
Postage prepaid.
Subscribed and sworn to before me this iv:it day of
1969.
/ ,
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:aoy rub fo_o r y��
• !.y Commission expires:__ MY COMMIbiV MKS IlminMxY ' ' ____,
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R - 7
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing will be held by the
of Ti and at City Hall,
Planning and Zoning Commission of the City g'
12420 SW Main Street, Tigard, Oregon, on January 21, 1969, at
8:00 P.M. , with respect to the following:
An application for a zone change from the R-7 (single family
residential) to A-2 (Multi-family residential) by C. L. and
Doris Mardock on their property located on the west side of
State Highway 217 on SW 72nd Avenue and Varns Road
(Map #2S1 1D Tax Lot 800)
All interested persons may appear and be heard in favor of or
against said proposal.
J. Allan Paterson
Chairman
Exhibit D
MAILING LIST
APPLICANT: C. L. and Doris Mardock
APPLICATION: Zone Change from R-7 to A-2
PROPERTY INVOLVED: West of State Highway 217 at SW 72nd Ave.&Varns Rd.
The following persons and their addresses comprise this mailing list
of property owners within 300 feet of the property involved, as
taken from the County Assessor's current tax rolls:
John J. and L. V. Gould, 7105 SW Varns Street
Clarence L. and Doris I. Mardock, Route 4 Box 150, Sherwood 97140
Elmus W. Beatty, 239 NW 18th, Portland 97209
John P. and L. M. Brock, 13055 SW 72nd Avenue
Harry L. & Ann Metzger, 7825 N. Fowler Avenue, Portland 9721i
William H. & Elizabeth H. Swannie, 7325 SW Varns St.
Linda Beth Endicott, 7375 SW Varnr St.
John F. & Maxine Vaday, 7380 S4 Varns St.
Lawrence N. and Marion P. Nelson, 7330 SW Varns St.
Allan C. & Joanna R. Brews, 13235 SW 72nd Avenue
E. C. & Helen M. Metzger, 13265 SW 72nd Avenue
Daniel W. and Doric C. Gay c/o Truck Und. Ass. ALt/Shaw,
4690 Wilshire Blvd.
Los Angeles, California 90005
Farmers Insurance Group Holding Company, 4680 Wilshire Blvd.
Los Angeles, California 90005
Florence Stanton Archer, 6895 SW Varns Street
Director of Planning, Washington County Court ►louse, Hillsboro, Ore.
Jerry Miller, Broker, Miller Realty, 2471 SW Sunset Blvd. ,Portland 97201
CITY OF TIGARD AP_ 1, 0 N
12420 S.W. Main St.
Tigard, Oregon ZONE CHANGE
Tel: 639-4171
Application No. _..._..�... ..,.� .
•
Name of Applicant__. C. L. Mardock and DorisMardock Tel No: 638-5059
Address 10275 S. W. Hazelbrook Road. City Sherwood State Oregon
PROP' x&FORMATIO$
• Present Zone__ 1�� 1 tae„
• Proposed ZoneAZ
Map #1•Z' 1 1D Tau rot,_-%3 g 800...__....._.__ Book__... _page ___
Address of PropertyS. W. . 72nciand Vannes Road. .�
Area of Property (acres) L so
Existing Building (type 4 (plantae l:y) .__ _..__Non
• Deed Restrictions None Except State Hwy._ azt.4 as Records d SEE PRELL$ PORT
Reason for Zone Change_ Use of the property as a buffer zone between Commercial
and Re s'dential
To Construct a 39 unit Amt_ House.
, Garden court.
Name of Proposed Developer .Dano Constru4tioi} �nc� Z3.}-48J1
Date of Signature ° '' .�' %;-P ►r')
Application ___..._._.. ...__ of Owner„Z
..wwwww�w���.... ... .,_ ,...
Receipt 40 .21/ 57 For Planning & Zoning
Commission Action On:
Received by _- 19 , at 7: 30 P.M.
Date //1- X6 $
L
TA-0101
REV-66 r,irMer/y Porno l ifir Il1vuea (e C n.
TRANSAMERICA TITLE INSURANCE COMPANY
•
OF OREGON
955 N. E. CANYON ROAD • BEAVERTON, OREGON 97005 • PHONE 644-1194
�, ORDER NO. 3707)48
Construction, inc. December 27, 1968
629&E. loon 8f.•Poniard,pry,ate.Phone 2334811 PRELIMINARY REPORT FOR
STANDARD COVERAGE POLICY 07, 500.00
Transamerica. Title Ins rance Co.
955 N . E. Canyon Road STANDARD LOAN POLICY $
Beaverton, Oregon Attn : Parbara. Campbell
Gentlemen:
We are prepared to issue title insurance in the form and amount shown above insuring
the title to the land hereinafter described:
Lot 12, VA9N^ ACRES, Washin ;ton County, Oregon, EXCEPT
that portion taken by the ^tate or Ore;on by decree dated June 29,
1966 in Suit No. 27-940, '.tiashington County, Oregon.
as of December 23 , 19 68 at 5:00 P . M., vest in
CLARENCE T.. MARDOCK and DORT1 I . MARDOCK
nn estate in Cee simple
as tenants by the entiretzr
subject to the usual printed stipulations and exceptions appearing in such form policy and also the
rollowing:
1 . 1968-69 taxes, ` 11`3 . 3a, no`, pail . Accoun', No. ,' t LD P)00 23-6.
2 . The rights or the public in and to that portion or the above
property lyin ; within the limits or roads and highways .
3. By decree in Cult 27-940, there are no rights oA access or any
nature to that portion on Lot 12, taken by the .",tate o" Oregon.
NOTE: We rind no judgments or United States Internal Revenue Liens
a'rainet A. R . John General Contractor, Inc .
Very truly yours ,
TRANSAMERICA TITLE INSURANCE CO.
Py
William J . 43too s
Examiner
WJP : lrnh
ORDER NO 37,0711 )
C• TA% aPli+li[SAB le0181 tilkil vonc• and .hall beeen,e null and void unla.• a Policy
,s sued, end ,h• lull pronoun, the..lor pond.
, e S E 1/4 SECTION I T29 R I W W .
WASH I NGTON COUNTY OREGON .
•
SCALE 1"=200'
•
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1501 iAmES HICKLIN \\,
3/3 AC. 163 At.
o.k..C. NO.43
. . .
0 1401
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Repor} on Zone Cnan9e ppea.1
To:
1iT- C;}y coon
a.i
FRom:
liaa�roQ PI
ann1n9 ,tonmc1 �.YMm{sc on
ne Chanjc A lication: R-7 to A-2
Applicant: C. L. Mardock
10275 SW Hazelbrook Road, Sherwood
Property Involved: NE corner of SW 72nd Avenue and Varns Street
(Map $2S1 ID Tax Lot 800)
Size of Property: 1.8 acres
Staff Recommendation:
The City staff recognizes that the property involved is now
unsuitable for R-7 development and that consideration of a zone
change should be made in light of the new freeway 217 and future
widening of 72nd Avenue. The staff does feel that multi-family
residential developments°not as appropriate for the property in
this location as perhaps a professional office building which
could be developed under A-2 zoning with a Conditional Use.
The close proximity of the freeway dud its accesses are
elements which are more disturbing to any full time residential
development than to a daytime office use. The exposure from the
freeway is good for such office development, as is the site with
its tall trees and good access.
A full interchange is proposed to be constructed at SW 72nd
Avenue and Hwy. 217 which would allow better access to Hwy. 217
going north.
Perhaps the zone change and property development is a matter
of timing.
A-2 zoning would allow for 38 apartment units.
P \o c nearig:
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MILLER REALTY
JERRY MILLER, Broker 2471 S.W.Sunset Blvd.
246.7131 Portland,Oregon 97201
demarrimmaor