Hearings Officer Packet - 05/27/1982 - Schoolhouse Antiques 1111111111111111111111111111111111111 MIR
1640 HEARING OFFICER DECISION
g/82 Schoolhouse Antiques
Cu 10-82 amaiimm:iovisimuiallowimoommaiftwal
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR THE OUT- No. N' $1-1•1"
SIDE DISPLAY AND SALES OF MERCHANDISE )
TN A C-3 ZONE; Schoolhouse Antiques, )
CU 10-82
Applicant. )
The above-entitled matter came before the Hearings
Officer at the regularly scheduled meeting of May 27, 1982,
at which time the applicant or its representative was not
present and the matter was continued to the regularly sche-
duled meeting of June 10 , 1982 , at which time testimony and
evidence was heard; and
The application was for a conditional use permit to
allow for outside display and sales of merchandise incidental
' to an existing permitted use in a C-3, General Commercial Zone,
on property more specifically described as Tax Lot 900 , 1S1 3500 ,
City of Tigard, Washington County, Oregon; and
The Hearings Officer conducted a public hearing on
Tune 10 , 1982, at which time testimony, evidence and the planning
department staff report were received; and
The Hearings Officer adopts the Finding and Conclusions
contained within the staff report, a copy of which is attached
hereto and incorporated by reference herein, and marked "Exhibit
A" ; therefore
IT IS HEREBY ORDERED:
Conditional Use 10-82 is approved subject to the condition
, that the outside display and sales shall be limited to an area
adjacent to the building, leaving at least three (3) feet for
pedestrians between the outside of the display and parking areas
or the public right-of-w
DATED this, 7,4 ' day of June, 1982.
HEARINGS OFFICER
APPROVED:
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Page 2 - CU 10-82
STAFF REPORT
AGENDA ITEM 2.4
CITY OF TIGARD HEARINGS OFFICER
May 27, 1981 - 7:00 p.m.
Durham Waste Treatment Plant - Conference Room
Corner of SW Hall and SW Durham
A. FACTS
General Information
Case: Conditional Use (CU 10-82) 11P0 #2
Request: For a Conditional Use PermLt to allow for outside display and
sales of merchandise incidental to an existing permitted use in
a C-3 General Commercia'. Zone. See Attachment A.
Recommendation: Based on staff .review, applicable planning policies and
site inspecticus, staff recommends that tilt Hearings
Officer approve the request subject to condition on
page of the Staff Report.
Applicant: Schoolhouse Antiques Owner: Hoffaberer Associates
11875 S.W. Pacific Hwy. 12005 S.W. Hall
Tigard, Oregon 97223 Tigard, Oregon 97223
Location: 11875 S.W. Pacific Hwy. (Washington County Tax Map lSl 350J,Tax
Lot 900)
Lot Area: Approximately 48,000 square feet
Present Zoning Designation: C-3 (General Commercial)
NPO Comment: NPO #2 is inactive at this time.
Public Notices Mailed: 12 notices were mailed. No comments had been
received at the writing of this report.
Background: In April of this year the applicant was notified that they were
r' in violation of Sections 18.80.030(4) and 18.28.020(37) of the
Zoning Ordinance.
They read as follows:
Temporary Use 18.80.030 (4) That the temporary occupancy
required :.s limited in duration by the purposes for which the
permit is sought, such as parade stands, circus, fairs, or other
exhibitions, sales and goods, wares, merchandise, produce, or
Christmas trees, and other similar obviously temporary needs;
and that there exists adequate ingress and egress when combined
with permanent use of property; there exists adequate parking
for customers of temporary vendors; the use will not result in
congestion on adjacent streets; and the use poses no hazard or
inconvenience to pedestrians or vehicles in the area of the use.
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STAFF REPORT
CU 10-82
Page 2
Conditional Use 18.28.020 (37) Any business, service, processing,
storage or display essential or incidental to any permitted use
in the C--3 zone and not conducted entirely within an enclosed
building.
Vincinity Information: The surrounding land uses are as follows: The site
is in an area of developed General Retail Commercial
Uses. The surrounding properties are all zoned C-3
(General Commercial) and are designated Commercial
Retail on the Comprehensive Plan.
Site Information: There is an existing furniture store on the site, close to
the corner of S.W. Hall Blvd. and S.W. Pacific. The applicant
wishes to display and sell merchandise against the outside
of the building. There is an area approximately 3 feet
wide between the building and the asphalt parking area on
the S.W. Hall side, and an area approximately the same
width between the building and the S.W. Pacific Highway
side of the building that the applicant wishes to use for
this purpose.
There is a temporary use issued for an operation on the
west side of the site for the selling of bedding plants.
The temporary use for that operation expires May 30,
1982. There are 34 parking spaces available on
the site. The furniture store is 8,500 square
feet and 10 spaces are required for that use. The
bedding plant operation requires the minimum 4 spaces. In
addition, 6 spaces have been leased by one of the neighbor-
ing tenants. A total of 20 spaces are required, with 34
available, parking is adequate. There are three access
and egress points to the site. There are two access points
off of Pacific Highway on either side of the existing
bedding plant operation and one access to S.W. Hall at
the north end of the site. The proposed use would not impair
access, traffic circulation or visual clearance.
B. APPLICABLE PLANNING POLICIES
1. LCDC Statewide Planning Goals
a. Citizen Involvement - The intent of this goal is to insure the
opportunity for citizens to be involved in all phases of the Planning
process. Notices were sent to property owners of record within 250
feet of the site on May 17, 1982. A public notice was published in
the Tigard Times on May 13, 1982.
b. Land Use - All applicable LCDC Goals and Guidelines, NPO #2 policies
and Tigard Municipal Code sections were considered in the review of
this application.
c. Public Facilities - Public facilities including water, sewer and
storm drainage are adequate.
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STAFF REPORT
CU 10-82
• Page 3
d. Transportation - Vehicle circulation on and off site is adequate
and the proposed use will not impair vehicle or pedestrian circu-
lation.
2. Applicable NPO / 2 Policies:
POLICY 21. In the interest of safety and efficiency, the number of
highway access points must be kept to a minimum. Wherever possible,
• businesses on Pacific Highway should be clustered and share common
parking facilities and driveways. As new developmert occurs, the number
of access points should not exceed the number necessary for property
on-site traffic circulation and, where possible, should be combined
with access to adjecent businesses.
POLICY 23. Businesses on i'acifiL Highway should be oriented to the
existing traffic and not draw additional traffic from the adjacent
community. Convenience or neighborhood centers should therefore
be prohibited from locating on Pacific Highway.
POLICY 24 . Development will coincide with the provisions of public
streets, water and sewerage facilities. Those facilities shall be
(a) capable of adequately serving all intervening properties as well
as the proposed development, and (b) designed to meet City or County
standards.
The proposed use will not require additional access points to Pacific
Highway. Further, no new development is proposed on the site; an
existing business is being extended without impairing vehicle or
pedestrian circulation.
As mentioned in site information, all necessary public facilities are
adequate.
3. Tigard Municipal Code :
a. 18.28.020 Conditional Uses. In the C-3 zone the following uses and
their accessory uses may be permitted as conditional uses when in
accordance with Chapters 18.72 and 18.84.
(37) Any business, service, processing, storage or display essential
or incidental to any permitted use in the C-3 zone and not conducted
entirely within an enclosed building.
b. Section 18.72 - Conditional Use:
Currently, there are no criteria on standards within this section
of the ordinance in which to evaluate any Conditional Use proposal.
Thus, staff rely on LCDC statewide planning goals and other city
policies in the review of this proposal.
STAFF REPORT
CU 10-82
Page 4
c. Section 18.60.120 - Minimum parking requirements:
According to the zoning ordinance, the furniture store must supply
10 parking spaces; 34 spaces are shown on the plan and will be
provided on site.
SUMMARY:
Staff feels that the proposed incidental outside display and sales proposed
complies with all applicable plan policies and code provisions.
CONDITIONS
1. The outside display and sales shall be limited to an area against the
building, leaving at least 3 feet for pedestrians between the outside
display and parking areas or public right-of-way.
Prepared by (
� Approved
El zab th A. Newton Frank A. Currie
Associ to Planner Planning Director
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