Hearings Officer Packet - 05/27/1982 -Phagans 111111111M1 Mk
1640 HEARING OFFICER DECISION
"6/82 Phagans Beauty School _.
CUP 9-82
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION FOR A ) 1�
• CONDITIONAL USE PERMIT TO LOCATE A BEAUTY No. /7 3
SCHOOL IN A C-3, GENERAL COMMERCIAL ZONE; ) CUP 9-82
Phagans Beauty School, Applicant. )
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The above-entitled matter came before the Hearings
Officer at the regularly scheduled meeting of May 27, 1982; and
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The applicant applied to the City for a conditional
use permit to operate a beauty school on property located at
8820 S.W. Center Street, City of Tigard, Oregon, and more spe-
cifically described as Tax Lot 4900 , 1S1 35DD, Washington County,
Oregon, property zoned C-3, General Commercial; anu
The Hearings Officer conducted a public hearing at
which time testimony, evidence and the planning department staff
report were received, and it appearing from the evidence that the
v request should be allowed; and
The applicant requested that the Hearings Officer waive
the requirement, as set forth in the staff report, that the appli-
077)
cant make improvements to S.W. Center and 87th Streets as a condi-
tion of approval, citing the hardship associated with the estima-
ted cost of $6000. 00 for such improvements. The Hearings Officer
dhas reviewed the staff recommendation, Section 18. 72 of the Tigard
Municipal Code relating to Conditional Uses, and Section 15 of
the Tigard Municipal Code, and finds that it is the clear intent
NJ of the Code to require street improvements at the time of permit
• approval, regardless of the nature of the permit. It is apparent
that the City finds that the time the property owner received the
benefit of the new use, i.e. lease payments , is an appropriate
time for the property to be brought up to Code. Generally, the
property owner would absorb the costs of such improvements; if
the applicant in this situation neglected to negotiate that term
with the Lessor, that is unfortunate, but it is to the entire
City's benefit to have the streets brought up to standard; and
• The Hearings Officer adopts the Findings and Conclusions
contained within the staff report, a copy of which is attached
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hereto and incorporated by reference herein, and marked "Exhibit
A" ; therefore
IT IS HEREBY ORDERED:
Conditional Use Permit 9-82 is approved subject to the
following conditions :
1. The applicant shall submit Public Improvement Plans
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and an agreement for half-street improvements to S.W. Center and
S.W. 87th Streets to the City' .; engineering department for approval.
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Standards for street improvements are attached as part of the
staff report and are incorporated by reference herein. (See
Attachment "B" ) . Should the applicant wish to occupy the premises
prior to such improvements, it shall submit a bond, in a form
satisfactory to the City, in a sum not less than 150% of the esti-
mated costs for said improvements , guaranteeing the completion of
said improvements.
2. Any tenant modifications to the existing structure
shall be appr-„ed by the City building department prior to occu-
pancy.
Page 2 - CU 9-82
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3. The applicant shall secure site design approval
from the City planning department for landscaping and parking.
4. The applicant shall secure a sign permit and a City
business license. ., //
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DATED this ( day of June, 1982.
HEARINGS OFFICER
APPROVED: ; "' ...._ � /
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BETH BLOUNT
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Page 3 - CU 9-82
THOMAS H. BURTOP 1 in1 L-J 07 ` 'IMR9 raIDTITMIL,
ENGINEERING & SURVEYING
302 Tigard Plaza
PORTLAND, OREGON 97223
'6ATE— L JOB NO
(503) 639.6116 �`'Wig Z_ l__.8 `_ - / 3/
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WE ARE SENDING YOU '? Attached 7' Under separate cover via____ the following items
Shop drawings Prints ><Plans Samples Specifications
Copy of letter Change order
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THESE ARE TRANSMITTED as checked below:
X For approval ❑ Approved as submitted Resubmit copies for approval
For your use 0 Approved as noted Submit copies for distribution
As requested L7 Returned for corrections Returncorrected prints
For review and comment rc ___ Cc' 5 .1;--.1;-- L - 'f/ `-•`' 4 7)C
FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US
REh IARKS
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COPY TO — r c f'd ' ,- /5 (_ 47 SIGNED. ` nes'' �c �
II enCrnhOel are nor se noted emdq moldy ue II once
roano ter ,%call rc WIN eta .
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THOMAS H. BURTON
ENGINEERING & SURVEYING
302 TIGARD PLAZA ?ORTLAND OREGON 97223
P2-131
Construction Esq irate for constructing, curbs, Sidewalk, and driveway
approach es ler City of Tigard Standards for Phagan's Beauty Schoal at
S.W. P7th. ¶t. and S.V. Center St. , Tigard, Oregor .
May 26, 1982
TOTAL UNIT TOTAL
ITEM QUANTITIES PRICE DOLLARS
Excavation Common and
Asphaltic Rock - 50/Cu. Yds. 21..50 $1075.00
Concrete sidewalk and
driveway - 6" thick -
commercial drive - 121.33/Sq. Ids. 25.00 3,033.00
Concrete Curb - 238/LF 6.00 1,428.0U
Subtotal = $5,536.25
10% Contingencies = 553.63
M GRAND TOTAL m $6,089.88
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By: --
Dennis Smith, Burton Engineer-in-1z
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