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HOP1999-00003 CITY OF TIGARD DEVELOPMENT SERVICES HOME OCCUPATION PERMIT 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TYPE I PERMIT HOP99-0003 DATE ISSUED: 01/05/99 APPLICANT NAME: PATRICIA SHEEHAN BUSINESS ADDRESS: 09420 SW BRENTWOOD PL NATURE of BUSINESS: Provide part-time secretarial service. PARCEL: 2SIllDC-07100 ZONING: R-7 JURISDICTION: TIG BUSINESS NAME....: PATRICIA SHEEHAN SO FT - DETACHED.: 0 GENERATE EXTRN NOISE.: N SO FT - RESIDENCE: 0 DAYS/HOURS OF OPS....: SO FT - BUSINESS.: 0 SIC CODE.........: BUS. VEHICLES GARAGED @ RES PAID NON RES EMPL: N . CUST/CLIENT @ RES: N OUTSIDE STORAGE------------ PICK/DELIV @ RES.: N EXTERIOR SIGN?.......: N: ACKNOWLEDGEMENT: I understand this Home Occupation Permit is approved for the above described business at the specified location only, and does not require renewal. Further, I understand that the City of Tigard Business Tax must be renewed annually in order to maintain permit authorization. I acknowledge that this Home Occoupation Permit approval may be revoked if the conditions and standards of approval have not been complied with and/or this home occupation is otherwise being conducted in a manner contrary to the Tigard Community Development Code (18.42). Permit revocation due to a violation of requirement(s) of this Home Occupation P it _ not be renewed for a minimum period of one year (18. 142.090). Alt~ Per ittee ignat._ir Is s~_~ by HOME OCCUPATION TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297 GENERAL INFORMATION Property Address/Location:~~ S ~ti' U L Tax Map & Tax Lot ;-S C - 0 7 o o Zone: /Z -'7 Property Owner/Deed Holder(s)*: ~91r-fz e~D Co" Ts ~ Ay FOR STAFF USE ONLY Address: -S it) ~Case/Permit No.: d~ 9 "Dd City: ~~77 Zip: 7 ~)--~L Other Case No.(s): Applicant*: T ~ (t I ri S if d- d Filing Fee Rec'd.:$ Address: Phone: - 3q 7 Receipt No.: i 1 Application Approved B : Business Phone: zq n,~ rte. Date Approved: / r - City: Zip: -A Business Name: Nature of Business: Business Tax Paid? Yes E] No Business Tax Receipt No. ~l Vii/ 9 a 3 Rev. 11/26198 is\curp1n\mas1ers\hop1.doc * 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. REQUIRED SUBMITTAL ELEMENTS 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. ✓ Application Elements Submitted: 0--Application Form THE APPLICANT SHALL CERTIFY THAT: ✓ The above request does not violate any deed restrictions that Owner's Signature/Written Authorization 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 ET~Proof of Business Tax Certifica conditions and limitations of the approval. Er Filing Fee: C.O.T. Fee: $ 30.00 ✓ All of the above statements and the statements in the plot plan, URB. SVCS. Fee: $175.00 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. 1 1. Home occupations may be undertaken only by the principal 10. There shall be no exterior storage of occupant(s) of a residential property; vehicles of any kind used for the business except that one commercially 2. There shall be no more than three deliveries per week to the licensed vehicle of not more than three- resident by suppliers; quarters ton GVW may be parked outside of a structure or screened area. 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting Standards: from the operation. Home occupations shall observe the provisions of TDC Chapter 18.725 (Environment Performance According to Tigard Development Code Standards); Chapter 18.742.050, a Home Occupation Permit - Type I shall exhibit no evidence that a 4. The home occupation shall be operated entirely within the business is being conducted from the dwelling unit and a conforming accessory structure. The total premises. Home Occupation Permits - Type I area which may be used in the accessory building for either shall not permit: material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and A. Outside volunteers or employees to be associated storage of material and products shall not occupy more engaged in the business activity other than 25 percent of the combined residence and accessory than the persons principally residing on structure gross floor area. The indoor storage of materials or the premises; products shall not exceed the limitations imposed by the provision B. Exterior signage which identifies the of the building, fire, health and housing codes; property as a business location; C. Clients or customers to visit the premises 5. A home occupation shall not make necessary a change in the for any reason; and Uniform Building Code use classification of a dwelling unit. Any D. Exterior storage of materials. accessory building that is used must meet Uniform Building Code requirements. I hereby certify that I have read and understand the above conditions and 6. More than one business activity constituting two or more home standards for the operation of a home occupations shall be allowed on one property only if the combined occupation. I acknowledge that this home floor space of the business activities does not exceed 25 percent occupation approval may be revoked if the of the combined gross floor area of the residence and accessory above conditions and standards have not been structure. Each home occupation shall apply for a separate home complied with and/or the home occupation is occupation permit, if required per this chapter, and each shall also otherwise being conducted in a manner have separate Business Tax Certificates; contrary to the Tigard Community Development Code (18.742). Revocation due 7. There shall be no storage and/or distribution of toxic or flammable to a violation of the home occupation material, and spray painting or spray finishing operations that requirement(s) cannot be renewed for a involve toxic or flammable material which in the judgement of the minimum period of one year (18.742.080). 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 Applicant's Signature: the Fire Marshall for review that Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials l X associate with the use; Date: 8. No home occupation shall require any on or off-street parking other than that normally required for a residence; Own is Signature: 9. The following uses are not allowed as home occupations: Date: - 9 S a.) Auto-body repair and painting; b.) On-going mechanical repair conducted outside of an entirely enclosed building; c.) Junk and salvage operations; and Owner's Signature: d.) Storage and/or sale of fireworks. Date: 2 January 22, 1999 CITY OF TIGARD Patricia Sheehan OREGON 9420 SW Brentwood Place Tigard, OR 97223 Dear Ms. Sheehan: Your letter dated January 10, 1999 to the City Attorney was forwarded to me. It has also been received by the City's Community Development Director, Jim Hendryx. We understand the issues you are concerned with relating to a small number of clients. When the City Council reviewed the appropriateness of allowing limited business in residential areas, there was significant concern relating to allowing any business operation in residential neighborhoods. As a result, standards and requirements were adopted by the City Council to allow limited business operation in residential neighborhoods. The least impact (Type I Home Occupations) were allowed outright as long as the requirements are followed. No notice is required. Businesses without customers usually create little impact on neighbors. Customers can create impacts that are not of a residential nature. This requires a Type II Home Occupation application where notice is sent to neighbors within 500 feet of the subject site. This is sent to notify the neighbors so that they are aware of potential impacts. There is no licensing involved with either a Type I or Type II Home Occupation, however, there is a business tax required to be paid prior to conducting business within the City limits. The fee for both the Type I and Type II business tax is the same regardless. A Type II land use approval application requires a higher application fee because of the need for notice, the need for a written decision including the possibility of conditions of approval and the increased potential for code enforcement activity. To try to regulate a varied number of trips for each business would tend to create a more costly enforcement process. Home occupation requirements are quite specific to ensure there are fewer impacts on neighbors. They apply to all areas of the City and reflect the needs of the majority of those affected. Enforcement of the requirements comes through complaints by neighbors. To change the code provisions requires an amendment of the development code. This involves preparation of an application, two public hearings to determine if the change should be made and fees of $240 for a pre-application 'conference and a fee of $1415 to consider the amendment. We hope you will be able to choose from the type of home occupation that best suits your needs. Sin Richard H. Bewersdorff Planning Manager iAcurpln\dick\patrida sheehan.let.doc c: 1999 Planning correspondence file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 FSTREET ADDRESSES: Add Change Delete Esc Add address for this parcel PARCE :2S111DC 07100 CREATION DATE: PROPERTY OWNER LEGAL LOT?...: :OUTSLAY, GERALD & MARILYN J LAND VALUE..$: 50000: :8762 SW FIRVIEW PL BLDG VALUE..$: 90370: L VALUE..$: 140370: STREET ADDRESS CEL USE...:SF No.-- Street name------- Type Unit 0 MAP..... :4620 09420 SW BRENTWOOD PL M PNL S OD ZON.... :NON: Z ER SERVICE:TIG: C ER SERVICE:SWR: P ISDICTION :TIG: ...........5 . D ATED...... :01/14/99: :BRE: * = Project address PARCEL: Street-address Attrib Record Change Doc Gis Esc List street address(es) for this parcel PARCE :2S111DC 07100 CREATION DATE: PROPERTY OWNER LEGAL LOT?...: : :OUTSLAY, GERALD & MARILYN J LAND VALUE..$: 50000: :8762 SW FIRVIEW PL BLDG VALUE..$: 90370: TOTL VALUE..$: 140370: PARCEL USE...:SF :ALOHA OR 97006 TOPO MAP..... :4620 COMM PNL SIZE.......... 0.00:acres FLOOD ZON.... :NON: ZONING :R-7 WATER SERVICE:TIG: COMPLAN...... :M SEWER SERVICE:SWR: PLAT NAME JURISDICTION :TIG: :SUMMERFIELD NO.9 CIT.......... :5 DIV: BLOCK: LOT:493: UPDATED :01/14/99: :BRE: ODONNELL RAMIS ET AL 503-243-2944 Jan 14,99 15:11 W.012 P.01 2DONNHLL~ ow C' c - RAM1S CREW CORRICIAN & FACSIMILE TRANSMIS! BACHkACH LLP THIS COMMUNICATION MAY CONSIST OF ATT ATTORNEYS AT LAW INFORMATION INTENDED ONLY FOR THE USE BELOW. IF THE READER OF THIS MESSAOR If 1727 N.W. Ileyt Simi EMPLOYEE OR AGENT RRSPONS113LE TO DELIVER Pur land, Ompn 97209 IIBRIIBY NOTIFIED THAT ANY DISSEMINATH COMMUNICATION IS STRICTLY PROHIBITED. IF Y l (503) 222-4402 IN BkkOR, PLEASE IMMEDIATELY NOTIFY US E Fax: (503) 243.2946 MESSAOrt TO Us AT THE ABOVE ADDRESS VIA' DATE; January 14, 1999 CLIENT NO.., 90024-4 TO: Jim Hendryx, Tigard CD Director FAX NO.: 684-7297 TELEPHONE NUMBER.; 639-4171 FROM; James M Coleman DESCRIPTION OF DOCUMENT TRANSMITTED: Letter from Ms. Sheehan regarding HOP99-0003 COMMENTS: We have just received this letter from Ms. Sheehan protesting the limitation placed on her home occupation permit. Please call me at your earliest convenience so that we may coordinate a response. 1 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THF. UNDERSIGNED AT (503) 222-4402 IMMEDIATELY THANK YOU. SIGNED; S, Heiser [ ] AN ORIGINAL IS BEING MAILED [XXX) AN ORIGINAL IS AVAILABLE UPON REQUEST ~x C -Q-- -7-zD ? H-L- 54AL /71-1 s T-5 J T S> ; r rr r / t U ?7 7 1-J 7 0. 1 F"`,..,a -O:PONNELL RRMIS ET AL 503-243-2944 Jan 14,99 15:12 No.012 P.02 January 10, 1999 City Attorney City of Tigard 13125 SW ILall Blvd. Tigard, OR 97223 Re: Home Occupation Permit, #11OP99-0003 Dear Sir; I am writing to protest the limitation of no visits from clients to my home-based secretarial service, I work pain time, and there will be times, probably throe or four times a, year, and a visit of up to a maximum of 30 minutes, when it is more convenient for clients to come to my home. It will be very awkward for me to say to them that 1 cannot allow them to come, as the City of Tigard will penalize me and bump me up to a more expensive license fee, I am told there is no provision for part time vs. full time, and that the license is very restrictive, in that no one is permitted to come to my home, Such a condition is very unfair, and 1 am surprised that such a harsh statute was written, An increased number of visits by clients would soon become apparent, and then there could be a penalty or increased rate imposed, Could there be an amendment enacted that would put a limit on the number of visits by clients, say, 10 a year, or even less? Thank you for your consideration, Sincerely, Patricia Sheehan 9420 SW Brentwood Pl. Tigard, OR 97224 624-3978 RF .,EIVED ,JAN 1 4 19( o'DONNI-A i,,,,rn+~:c.F~Ew ccaa VGAN f b