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HOP1996-00038 CITY OF TIGARD September 24, 1996 OREGON Kenneth Lo 14698 SW 83rd Court Tigard, OR 97224 Re: Revocation of Home Occupation Permit (HOP) 96-0038 Dear Mr. Lo: This letter is to inform you that the City of Tigard, hereby, REVOKES your Home Occupation permit (HOP 96-0038), effective immediately. Section 18.142.090(A) states that the Director may revoke a home occupation approval if the conditions of approval have not been, or are not being complied with, and the home occupation is otherwise being conducted in a manner contrary to this chapter. Section 18.142.090(8) states that when a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered. The revocation is based upon violation(s) of the conditions of approval. Specifically, the following: 1. Home Occupations may be undertaken only by the principal occupant(s) of the residential property; 2. Type 1 Home Occupation permits shall not permit outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises. The Type I Home Occupation Permit lists these two items as conditions and standards for granting a home occupation. Your signature on the permit acknowledges your reading and understanding the conditions and standards for the operation of a home occupation, as well as revocation authority. Based upon your stating (see attached letter) that no-one has lived in the residence, that a complaint has been received from a neighbor stating that the home is not occupied, and that your business tax application lists three employees; a violation of the conditions and standards of the Type I Home Occupation permit has occurred. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Page 1 of 2 This decision can be appealed to the Hearings Officer. An appeal form can be obtained from the City of Tigard. The form and appeal fee ($250) must be filed with the Director by 3:30 PM on October 4, 1996. Again, this revocation is effective immediately. Further use of the property in violation of City ordinance will cause a citation to Municipal Court to be issued. Civil penalties of up to $250 per day of violation may be assessed. If you have any further questions concerning this information, please feel free to contact me at (503) 6394171. Sincerely, James N.P. Hendryx Community Development Director oaffplnrwi w"Voc.ltr c: HOP 96-0038 (Type 1) land use file Correspondence file I Page 2 of 2 MEMORANDUM CITY OF TIGARD, OREGON TO: WILL D'ANDREA, PLANNING DEPT FROM: KRISTEN PARIS, CODE ENFORCEMENT DATE: September 18, 1996 SUBJECT: MIII INC, HOP #96-0038 KENNETH & VERONICA LO 14698 SW 83RD CT, TIGARD ON AUG. 27, 1996, I SPOKE WITH MR. LO BY TELEPHONE REGARDING COMPLAINTS I HAD RECEIVED FROM A NEIGHBOR ON 83RD CT. MR. LO TOLD ME THAT NO ONE HAS LIVED IN THE RESIDENCE SINCE HE APPLIED FOR THE HOP IN APRIL. HE SAID THEY INTEND TO LIVE THERE BUT HAVE NOT YET MOVED IN AND HE THINKS THERE MAY BE PEOPLE LIVING THERE BY OCTOBER. HE ALSO SAID THAT HE DOES RECEIVE UPS AND FED EX DELIVERIES DAILY THAT ARE BUSINESS RELATED AND ADDITIONAL DELIVERY AT LEAST ONCE A WEEK FROM A PARTS DISTRIBUTOR. THE BULK OF THE BUSINESS IS LOCATED IN THE GARAGE AND THE LIVING ROOM. THE MAIN COMPLAINTS FROM THE NEIGHBOR ARE THAT A PERSON IS OPERATING A HOME BUSINESS OUT OF A HOME HE DOESN'T LIVE IN AND THE HIGH NUMBER OF DELIVERIES. MR. LO ALSO SAID THAT HE WAS TOLD BY SOMEONE AT THE COUNTER THAT FED EX AND UPS DO NOT COUNT AS DELIVERIES BECAUSE THE CITY WOULD NOT BE ABLE TO PROVE THAT THEY WERE NOT PERSONAL DELIVERIES. HOWEVER, MR. LO HIMSELF TOLD ME THAT THE ONLY DELIVERIES HE RECEIVES ARE BUSINESS RELATED. THE OTHER DISCREPANCIES INCLUDE THE INFORMATION HE PUT ON HIS BUSINESS TAX APPLICATION. THE BTAX APP HE FILLED OUT SAYS HE HAS A TYPE II HOP AND THREE EMPLOYEES. HE DID NOT HAVE A GOOD EXPLANATION ON THE PHONE AS TO WHY HE DID THIS. HE APPEARS TO HAVE VIOLATED THE FOLLOWING HOP GUIDELINES: 1. THE OCCUPATION IS NOT BEING OPERATED BY THE PRINCIPAL OCCUPANT OF THE RESIDENCE BECAUSE THERE IS NO OCCUPANT. 2. UNLESS UPS AND FED EX TRULY DO NOT COUNT AT DELIVERIES BY SUPPLIERS, HE HAS FAR EXCEEDED THE ALLOWABLE AMOUNT OF DELIVERIES PER WEEK. 3. THE HOP IS POSSIBLY TAKING UP MORE THAN THE ALLOWABLE SPACE AT THE RESIDENCE. 4. HE HAS ADMITTED TO ME THAT HIS SISTER IN LAW AND WIFE ARE INVOLVED IN THE BUSINESS, ARE PAID FOR THEIR WORK AND PAY TAXES ON THE INCOME FROM THE BUSINESS. SO HIS HOP APPLICATION IS APPARENTLY FRAUDULENT BECAUSE HE DOES NOT LIST HIS EMPLOYEES. 5. MR. LOTS BTAX APP FRAUDULENTLY STATES THAT HE HAS A TYPE II HOP. MR. LO SPEAKS GOOD ENGLISH AND THERE WAS NO APPARENT LANGUAGE BARRIER WHEN I SPOKE WITH HIM ON THE PHONE. HE SIGNED BOTH THE BTAX APP AND HOP APP WITH INCLUDES A PARAGRAPH ACKNOWLEDGING THAT HE UNDERSTANDS THE HOP GUIDELINES AND UNDERSTANDS THAT HE CAN BE REVOKED AT ANYTIME IF HE DOES NOT COMPLY WITH THOSE GUIDELINES. MY RECOMMENDATION IS THAT THE HOP FOR MIII BE REVOKED DUE TO THE NUMEROUS VIOLATIONS LISTED ABOVE. Y \ (IT t3ti~ ~ I(::~ Rf) BUSINESS TAX APPLICATION CITY OF TIGARD "MUST BE COMPLETELY FILLED OUT" OREGON CALENDAR YEAR L~ NEW ✓ BUSINESS TAX NO. 1- t MAILING INFORMATION: BUSINESS TYPE CODE: (See Reverse Sidr, [ - M ; I -L LN C OWNER/CORPORATION INFORMATION: F7F,!STER D Fu;!NFSS NAV✓ _K ~ 7-14 0 A..^,DRF55 caw^.I ~ rd art n.r,F) C OT3PORn11 . HEADOUARIMS Sci k3Yc,( cT. J 1 C r~f~ 0k (zotV 71~ CITY iTATF Zlf' BUSINESS LOCATION: (~~~,z> 0P, (;ciJ 7-) I Z Z Zfj ziR D )[NC, BUSINE'S AS',AME I ) C ] ~J sw r4 if nDORES EMERGENCY CONTACT NAMES: TELEPHONE: 71 ~ii4pb CITY STATE zir (50-3 2. TELE HO',E L. N .r u s 1) t ua - Briefly describe the nature of the business Cc 1-1 _f C0 S U L_ZIcr l~!+D Note: Tigard Business Tax is based on the rumber of people employed by you. For the purpose of computing your business tax, the term "employee" includes the owner as well as his/her spouse if also engaged in the business. To compute the number of full-time equivalent employees, estimate the Intal number of hours worked by all employees (per year) and divide by 2,080. in addition to the business tax, if you are doing: Business out of your home within Tigard, a home occupalic,T pF.-rant , requir=!d Business of a temporary nature within Tigard, a temporary use permit i required For information regarding these permits, contact the planning Department PRORATE SCHEDULE: For the computation of payment due for a newly located or temporarily operating business to Tigard, please call this office for the prorated schedule. OTHER BUSINESS INFORMATION: DATE YOU STARTED OPERATION OF YOUR BUSINESS IN THE CITY OF TIGARD. Z- NUMBER OF FULL TIME EQUIVALENT EMPLOYEES, INCLUDING THE OWNER, WITHIN TIGARD. 3 BUSINESS TAX DUE THIS CALENDAR YEAR (See fee schedule) ~ 3 r---------------------------- # i FOR OFFICE USE ONLY: t TAX EXEMPT STATUS APPROVAL: t t 1 ,2 t RECEIPT ZS27 (Attach copy of the organization's "Letter of Determination" from the IRS) DATE: V- /-0' 96 I I CONTRACTOR: # i $ AMOUNT: '/8. 93 (Attach copy of Oregon State Contractor's License) H.O.P. 41,Dry 96 I H.O.P. TYPE: T t EFFECTIVE DATE: y4')- 96 PLEASE REMIT WITH PAYMENT TO: I T.U.P. t ATTN: BUS. TAX DEPT. • 13125 SW HALL BLVD. , TIGARD, OR 917223 (503) 639-4171 BL8004 Oaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa~ ° 09/19/96 DISPLAY ACCOUNT - SEARCH BY ADDRESS ° aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai LICENSE NUMBER 5676 CONTRACTOR BOARD NO. BUSINESS NAME / ADDRESS BUSINESS TYPE M III INC 11 H OWNERS NAME / ADDRESS 14698 SW 83 COURT KENNETH LO TIGARD OR 97224 14698 SW 83 COURT MAILING ADDRESS TIGARD OR 97224 14698 SW 83 COURT DESCRIPTION OF BUSINESS TIGARD OR 97224 COMPUTER CONSULTING PLUS HARDWARE FEE TYPE/TYPE2 NO.EMPL. NO. UNITS COMMENTS 01 3 0 H.O.P.# 96-0038 (TYPE I) 04/18/96 OVERRIDE CALCULATED FEE 38.93 STARTED 04/22/96 PHONE NUMBERS AUTHORIZED REPRESENTATIVES BUSINESS OWNERS HOME CLEMENT LO 1ST AFTER HRS # 503-699-8346 503-699-8346 - - AFTER HOURS RENEWAL DATE / YEAR 503-639-3101 - - - - 04/18/96 1996/1997 ASSESSED/FEE: 38.93PENALTY: 0.00 PAID/FEE: 38.93 PENALTY: 0.00 DO YOU WANT SCREEN 2 (Y or N) N BL8004 aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa~ ° 09/19/96 DISPLAY ACCOUNT - SEARCH BY ADDRESS ° aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai LICENSE NUMBER 5676 BUSINESS NAME M III INC APPLICANT NAME / ADDRESS AFTER HOURS NAMES BUILDING REMODLING PLANNED N APPLICANT PHONE HAZARDOUS MATERIALS STORED N - - FIRE SPRINKLER SYSTEM N APPLICANT DRIVERS LICENSE NO. HAZARD INFORMATION ALARM COMPANY NAME FIRE INSURANCE COMPANY NAME ALARM COMPANY PHONE ALARM TYPE HOME OCCUPATION Y Press any key to continue... . tai FOR OFFICE USE ONLY: Permit No, 1/0)096- omR Tax Map: -SI B~ Lot No.: i 0 00 Zone: / ` - Business Tax Recei t No.: 6- a. 7N 3.7a- CITY OF TI GARD Approved By: C Date Approved: V-/P- 96. Filing Fee Rec'd:$ Receipt Number: Check when completed: OREGON ___\,~~Entered into Log ✓ Copy To Applicant ✓ Original Filed Home Occupation Permit - Type I Filing Fee - S10.00 Business Name: M T1. INC. Application Date: 4-16 - b Property Address: ) t4- 6q 9 !?AJ 3 rd C 7- Apt.# City r / 6~AAD Zipcode 7z-2 K Bus. Ph.: 6qq - S 3¢t; Property Owner': K ;~-n/N L TN f V66 CdM C.4 L 0 Nature of Business: CoVyfuTz;IZ CQIVSUL7-INC7 f LUS f#W-XVAeZ- Name of Applicant*: KGo/V -C- V-f Lo Applicant Address: sty, rA (.7- Apt.# City Zipcode 1 4 Home Ph.: 6 y y -S 3 Conditions: The Home Occupation Permit - Type I is subject to the following: 1.) Home occupations may be undertaken only by the principal occupant(s) of a residential property; 2.) There shall be no more than three deliveries per week to the resident by suppliers; 3.) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of TDC Chapter 18.090 (Environment Performance Standards); 4.) The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of material and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provision of the building, fire, health and housing codes: 5.) A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 18.144 of this title; 6.) More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit, if required per this chapter, and each shall also have separate Business Tax Certificates; H:1LogtMJi111HOPl 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 R 7.) There shall be no storage and/or distribution of toxic or flammable material, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgement of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupation shall make available to the Fire Marshall for review that Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associate with the use; 8.) No home occupation shall require any on or off-street parking other than that normally required for a residence; 9.) The following uses are not allowed as home occupations: a.) Auto-body repair and painting b.) On-going mechanical repair conducted outside of an entirely enclosed building c.) Junk and salvage operations d.) Storage and/or sale of fireworks 10.) There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton GVW may be parked outside of a structure or screened area. Standards: According to Tigard Development Code Chapter 18.142.050, a Home Occupation Permit - Type I shall exhibit no evidence that a business is being conducted from the premises. Home Occupation Permits - Type I shall not permit: 1.) Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; 2.) Exterior signage which identifies the property as a business location; 3.) Clients or customers to visit the premises for any reason; 4.) Exterior storage of materials. I hereby certify that I have read and understand the above conditions and standards for the operation of a home occupation. I acknowledge that this home occupation approval may be revoked if the above conditions and standards have not been complied with and/or the home occupation is otherwise being conducted in a manner contrary to the Tiagrd Community Development Code (18.142). Revocation due to a violation of the home occupation requirement(s) cannot be renewed for a minimum period of one year (18.142.0 0). :'t ~~lcalpMd p rif Si nature Date l7 Owner Signatffre (if 'Brent than Applicant) Date O ner Signature (it different than Applicant) Date o~~ Z-~' Z~// when the owner and the applicant are different people, the applicant must be the purchaser of record or lessee in possession. The owner(s) or agent of the owner must sign this application of submit a written aulnonzalWn with this application H 1L0ainIJi!I\H0P1 MEMORANDUM CITY OF TIGARD, OREGON TO: WILL D'ANDREA, PLANNING DEPT FROM: KRISTEN PARIS, CODE ENFORCEMENT DATE: September 18, 1996 SUBJECT: MIII INC, HOP #96-0038 KENNETH & VERONICA LO 14698 SW 83RD CT, TIGARD ON AUG. 27, 1996, I SPOKE WITH MR. LO BY TELEPHONE REGARDING COMPLAINTS I HAD RECEIVED FROM A NEIGHBOR ON 83RD CT. MR. LO TOLD ME THAT NO ONE HAS LIVED IN THE RESIDENCE SINCE HE APPLIED FOR THE HOP IN APRIL. HE SAID THEY INTEND TO LIVE THERE BUT HAVE NOT YET MOVED IN AND HE THINKS THERE MAY BE PEOPLE LIVING THERE BY OCTOBER. HE ALSO SAID THAT HE DOES RECEIVE UPS AND FED EX DELIVERIES DAILY THAT ARE BUSINESS RELATED AND ADDITIONAL DELIVERY AT LEAST ONCE A WEEK FROM A PARTS DISTRIBUTOR. THE BULK OF THE BUSINESS IS LOCATED IN THE GARAGE AND THE LIVING ROOM. THE MAIN COMPLAINTS FROM THE NEIGHBOR ARE THAT A PERSON IS OPERATING A HOME BUSINESS OUT OF A HOME HE DOESN'T LIVE IN AND THE HIGH NUMBER OF DELIVERIES. MR. LO ALSO SAID THAT HE WAS TOLD BY SOMEONE AT THE COUNTER THAT FED EX AND UPS DO NOT COUNT AS DELIVERIES BECAUSE THE CITY WOULD NOT BE ABLE TO PROVE THAT THEY WERE NOT PERSONAL DELIVERIES. HOWEVER, MR. LO HIMSELF TOLD ME THAT THE ONLY DELIVERIES HE RECEIVES ARE BUSINESS RELATED. THE OTHER DISCREPANCIES INCLUDE THE INFORMATION HE PUT ON HIS BUSINESS TAX APPLICATION. THE BTAX APP HE FILLED OUT SAYS HE HAS A TYPE II HOP AND THREE EMPLOYEES. HE DID NOT HAVE A GOOD EXPLANATION ON THE PHONE AS TO WHY HE DID THIS. HE APPEARS TO HAVE VIOLATED THE FOLLOWING HOP GUIDELINES: 1. THE OCCUPATION IS NOT BEING OPERATED BY THE PRINCIPAL OCCUPANT OF THE RESIDENCE BECAUSE THERE IS NO OCCUPANT. 2. UNLESS UPS AND FED EX TRULY DO NOT COUNT AT DELIVERIES BY SUPPLIERS, HE HAS FAR EXCEEDED THE ALLOWABLE AMOUNT OF DELIVERIES PER WEEK. 3. THE HOP IS POSSIBLY TAKING UP MORE THAN THE ALLOWABLE SPACE AT THE RESIDENCE. 4. HE HAS ADMITTED TO ME THAT HIS SISTER IN LAW AND WIFE ARE INVOLVED IN THE BUSINESS, ARE PAID FOR THEIR WORK AND PAY TAXES ON THE INCOME FROM THE BUSINESS. SO HIS HOP APPLICATION IS APPARENTLY FRAUDULENT BECAUSE HE DOES NOT LIST HIS EMPLOYEES. 5. MR. LO'S BTAX APP FRAUDULENTLY STATES THAT HE HAS A TYPE II HOP. MR. LO SPEAKS GOOD ENGLISH AND THERE WAS NO APPARENT LANGUAGE BARRIER WHEN I SPOKE WITH HIM ON THE PHONE. HE SIGNED BOTH THE BTAX APP AND HOP APP WITH INCLUDES A PARAGRAPH ACKNOWLEDGING THAT HE UNDERSTANDS THE HOP GUIDELINES AND UNDERSTANDS THAT HE CAN BE REVOKED AT ANYTIME IF HE DOES NOT COMPLY WITH THOSE GUIDELINES. MY RECOMMENDATION IS THAT THE HOP FOR MIII BE REVOKED DUE TO THE NUMEROUS VIOLATIONS LISTED ABOVE. FOR OFFICE USE ONLY: Permit No. POP96- 01038 Tax Map: ol SI I a 196 Lot No.: / a-SOO Zone: Business Tax Recei t No.: 46-3, -/A'37. CITY OF TIGARD Approved By: ~ Date Approved: S/-/~- 46 Filing Fee Rec'd:$ Receipt Number: C~ When cornpretcd: OREGON ~~Entered into Log ✓ Copy To Applicant ✓ Original Filed Home Occupation Permit - Type I Filing Fee - 510.00 j_V^l *r,6-.roperty siness Name: M -M Application Date: 4-I6 - Address: } 49 6q V A) 03 r /~I G3~ O~ ~I City r r GZ49D Zipcode g -77--z ii: Bus. Ph.: ~iZ Property Owner*: K~uN&Td f (/~v.A c'4 L a VJ Nature of Business: CoHNTC-K CoNSuLyA Aug 14WRwAKE Name of Applicant*: K&vnr E-T/f Lo Applicant Address: 1 4 (q k S Q k3 r,4 C% Apt.# City r`i l,6s_ Zipcode 2 ~_Z > -1 ~t Home Ph.: Conditions: The Home Occupation Permit - Type I is subject to the following: 1.) Home occupations may be undertaken only by the principal occupant(s) of a residential property; 2_) There shall be no more than three deliveries per week to the resident by suppliers; 3.) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of TDC Chapter 18.090 (Environment Performance Standards); 4.) The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise. the home 7 r occupation and associated storage of material and products shall not occupy more than 25 percent ti~1 of the combined residence and accessory structure gross floor area. The indoor storage of materials yN or products shall not exceed the limitations imposed by the provision of the building, fire, health and housing codes, /Y 5.) A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 18.144 of this title; 6.) More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation pennit, if required per this chapter, and each shall also have separate Business Tax Certificates; KILogmUilMOPI 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 7.) There shall be no storage and/or distribution of toxic or flammable material, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgement of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupation shall make available to the Fire Marshall for review that Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associate with the use; 8.) No home occupation shall require any on or off-street parking other than that normally required for a residence; 9.) The following uses are not allowed as home occupations: a.) Auto-body repair and painting b.) On-going mechanical repair conducted outside of an entirely enclosed building c.) Junk and salvage operations d.) Storage and/or sale of fireworks 10.) There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton GVW may be parked outside of a structure or screened area. Standards: According to Tigard Development Code Chapter 18.142.050, a Home Occupation Permit - Type I shall exhibit no evidence that a business is being conducted from the premises. Home Occupation Permits - Type I shall not permit: 1.) Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; 2.) Exterior signage which identifies the property as a business location; ~rQt~ `py"~ 3.) Clients or customers to visit the premises for any reason; P 4.) Exterior storage of materials. q'VVI' I hereby certify that I have read and understand the above conditions and standards for the operation of a home occupation. I acknowledge that this home occupation approval may be revoked if the above conditions and standards have not been complied with and/or the home occupation is otherwise being conducted in a manner contrary to the Tiagrd Community Development Code (18.142). Revocation due to a violation of the home occupation requirement(s) cannot be renewed for a minimum period of one year (18.142.0 0). App ca Si nature Date l7 Owner n re (ir rent than Applicant) Date -7 X Owner Signature (It different than Applicant) Date Vdnn Uu ownw and tn" sppsr~rit we dA1ww4 people, d» WPkWV must to u+a o~.ser d ~ecaro a7 less" in pone"jon The owtw ss)) or sown of Vie owrw mun Ion th .ODruuon or submit . wntlen .unonrMion with ara .oohndon A.' HI-ogtnUilMOPI LR E VD Kc From: "Jim Hendryx" <FINANCE/JIMH> To: Dick Date sent: Wed, 11 Sep 1996 09:01:13 +0000 fFf~oM Subject: (Fwd) (Fwd) Re: POSSIBLE HOP VIOLATION K i~ iSiEr( Would you have either Mark or Will look into this matter and follow up with Code Enforcement. Thanks Forwarded Message Follows From: "KRISTEN PARIS" <FINANCE/27982> To: JIMH Date: Tue, 10 Sep 1996 19:31:35 +0000 Subject: (Fwd) Re: POSSIBLE HOP VIOLATION JIM - HERE IS THE RE-SEND OF THE HOP WE DISCUSSED. THE BTAX APP STATES TYPE II HOP WITH 3 EMPLOYEES, THE HOP APP STATES p TYPE I HOP WITH ONE EMPLOYEE AND NO ONE HAS LIVED IN THE GQ d< RESIDENCE SINCE IS WAS PURCHASED. OWNER STATES SOMEONE ~ro~~ta WILL BE LIVING IN THE HOME BY OCTOBER (NOT SURE IF THIS WILL O u REALLY HAPPEN PLUS HE HAS ALREADY LIED ON HIS C APPLICATIONS SAYING HE CURRENTLY LIVES THERE). I'M NOT SURE WE SHOULD ALLOW HIM TO CONTINUE TO OPERATE. AND IF WE DO, I BELIEVE WE SHOULD REQUIRE A TYPE II HOP AND RESTRICT DELIVERIES. HE STATES HE RECEIVES UPS AND FED EX DAILY PLUS ANOTHER DELIVERY FROM A SUPPLIER WEEKLY. HE ALSO SAID SOMEONE AT THE FRONT COUNTER TOLD HIM THAT UPS AND FED EX DO NOT COUNT IN THE THREE DELIVERY PER WEEK REQUIREMENT BECAUSE "WE CANNOT PROVE THAT IT IS NOT A PERSONAL DELIVERY", HOWEVER, HE TOLD ME OVER THE PHONE THAT THE ONLY DELIVERIES HE RECEIVES ARE BUSINESS RELATED. THANKS, KRISTEN. Forwarded Message Follows From: "Jim Hendryx" <FINANCE/JIMH> To: "KRISTEN PARIS" <FINANCE/27982> Date: Wed, 28 Aug 1996 08:22:33 +0000 Subject: Re: POSSIBLE HOP VIOLATION Kristen - After I discuss with staff we can meet. JimH > From: "KRISTEN PARIS" <FINANCE/27982> > To: FINANCE/JIMH > Date: Tue, 27 Aug 1996 15:48:42 +0000 > Subject: POSSIBLE HOP VIOLATION > COMPLAINANT: JANICE LEWINBERGER 684-9025 > LOC: 14698 SW 83D CT, TIGARD 639-7406 > BUSINESS: MIII, HOP 96-0038 TYPE I / BUS TAX 96-278382 > - > OWNERI: KENNETH LO 639-7406 > AS SOON AS CONVENIENT, I NEED TO SPEAK WITH YOU REGARDING > THE ABOVE RESIDENCE/HOP. > I'M FINDING VIOLATIONS INVOLVING NUMBER OF EMPLOYEES, > NUMBER OF DELIVERIES, AND THAT THE HOUSE IS NOT BEING > LIVED IN. > > I'D LIKE TO TALK TO YOU ABOUT POSSIBLY REVOKING THE PERMIT, > AND/OR CITING HIM INTO COURT FOR THE JUDGE TO DECIDE > IF HE KNOWINGLY VIOLATED THE HOP GUIDELINES. > APPARENTLY THE " WHOLE NEIGHBORHOOD" IS AGAINST THIS > OPERATION AND WILL COME TO COURT IF NECESSARY. > MY HOURS THIS WEEK ARE TUES-THURS 12NOON-8PM. > ANYTIME BETWEEN 2:30PM-4:30PM IS USUALLY GOOD FOR ME > IF YOU'D LIKE TO MEET. > THANKS, > KRISTEN PARIS 27982/CSO FOR OFFICE USE ONLY: Permit No. A10 x'96 - 0~).3 'Y Tax Map: S~ 3L L36 Lot No.: /,A 500 Zone: Business Tax Recei No.: 46- a 7,i' 3 71 CITY OF TI GARD Approved By: i Date Approved: S/-/'y'- 94 Filing Fee Rec'd:$ Receipt Number: Check When Completed: OREGON ___~,~Entered into Log Copy To Applicant ✓ Original Filed Home Occupation Permit - Type I ~n Filing Fee - S10.00 Business Name: I " t Ti I►Jc , Application Date: 4_16._U Property Address: 14- 6K S 90 -7 3 rd 6 Apt.# City r / C- ,ajgD Zipcode 7Z2 is Bus. Ph.: 6J41-839-C, Property Owner: K6iyNL rN f V6CC)'yi C /I L o Nature of Business: CoHNTS-K CyNSu1_Ti94 PLuS 14AeXv4fz- Name of Applicant": KGivn► t- T/-f Lo Applicant Address: 14 ► { 1 Apt.# City Zipcode ',',-,7 q Home Ph.: ci,1 - 3 Conditions: The Home Occupation Permit - Type I is subject to the following: 1.) Home occupations may be undertaken only by the principal occupant(s) of a residential property: 2.) There shall be no more than three deliveries per week to the resident by suppliers; 3.) There shall be no offensive noise, vibration, smoke, dust. odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of TDC Chapter 18.090 (Environment Performance Standards); 4.) The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of material and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provision of the building, fire, health and housing codes; 5.) A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TDC Chapter 18.144 of this title: 6.) More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit, if required per this chapter, and each shall also have separate Business Tax Certificates; H:1LoginUiIIkH0PI 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 I , 7.) There shall be no storage and/or distribution of toxic or flammable material, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgement of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupation shall make available to the Fire Marshall for review that Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associate with the use, 8.) No home occupation shall require any on or off-street parking other than that normally required for a residence; 9.) The following uses are not allowed as home occupations: a.) Auto-body repair and painting b.) On-going mechanical repair conducted outside of an entirely enclosed building c.) Junk and salvage operations d.) Storage and/or sale of fireworks 10.) There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton GWV may be parked outside of a structure or screened area. Standards: According to Tigard Development Code Chapter 18.142.050, a Home Occupation Permit - Type I shall exhibit no evidence that a business is being conducted from the premises. Home Occupation Permits - Type I shall not permit.. 1.) Outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises; 2.1 Exterior signage which identifies the property as a business location; 3.) Clients or customers to visit the premises for any reason; 4.) Exterior storage of materials. I hereby certify that I have read and understand the above conditions and standards for the operation of a home occupation. I acknowledge that this home occupation approval may be revoked if the above conditions and standards have not been complied with and/or the home occupation is otherwise being conducted in a manner contrary to the Tigard Community Development Code (18.142). Revocation due to a violation of the home occupation requirement(s) cannot be renewed for a minimum period of one year (18.142.0 0). App ca Signature Date Owner Ijgnat&6 (if Brent than Applicant) Date O ner Signature (if different than Applicant) Date Z// 'men the owner and the applicant are drlterent people, the applicant must be the purchaser of record or lessee in possession The ownerisl or spent of the owner must sign this application or submit a written authorization with this application H.1LogtnUilkHOPI III