VAR2006-00068
EXHIB A
NOTICE OF TYPE II DECISION
VARIANCE (VAR) 2006-00068 : J,i
N"
NELSON VIAL ACCESS WIDTH ADJUSTMENT
120 DAYS =1/5/2007
SECTION I. APPLICATION SUMMARY
FILE NAME: NELSON VIAL ACCESS WIDTH ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-00068
PROPOSAL: The applicant received Site Development Review approval (SDR2005-00001) to
construct a 5,600 square foot addition to an existing office building. Condition of
Approval 2) required the applicant to apply for an adjustment to the access and
egress standards regarding access width. The request is to allow the existing 22
feet and 9 inches to satisfy the requirements of 18.705.030.j. An adjustment to the
access and egress standards is required because this standard cannot be met. The
existing parking and landscaping precludes the installation of the additional
pavement and curbing required. This review addresses the required variance
request.
APPLICANT: Vial & Pham, LLC OWNER Nelson Vial, LLC
Attn: Hoa Pham 7000 SW Varns St.
7145 SW Varns St. Tigard, OR 97223
Tigard, OR 97223
LOCATION: 7000 SW Vams Street; WCTM 2S101DA, Tax Lot 1900.
ZONE: GP: Professional/Administrative Commercial District. The GP zoning district is
designed to accommodate civic and business/professional services and
compatible support services, e.g., convenience retail and personal services,
restaurants, in close proximity to residential areas and major transportation
facilities. Within the Tigard Triangle and Bull Mountain Road District, residential
uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning
district, are permitted in conjunction with a commercial development. Heliports,
medical centers, religious institutions and utilities are permitted conditionally.
Developments in the GP zoning district are intended to serve as a buffer between
residential areas and more-intensive commercial and industrial areas.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370,18.390,18.520 and 18.705.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request for the subdivision subject to certain conditions of approval. The
findings and conclusions on which the decision is based are noted in Section V of this Decision.
NOTICE OF TYPE 11 DECISION VAR2006.00068/ NEISON VIAL ACCESS WIDTH ADJUSTMENT PAGE I OF 4
CONDITION OF APPROVAP
PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING
CONDITION SHALL BE SATISFIED: (The staff contact shall be Cheryl Caines in the Planning
Division (503) 639-4171.)
The app scant s a prepare a cover letter an submit it, along with an su ortin documents
and/or lans that address the following requirements to the CNT LANNING
DIVISION, ATTN: Cheryl Caines 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
1. The applicant shall install "No Parking -Fire Lane" signs as specified in comments given by Tualatin
Valley Fire and Rescue.
SECTION III. BACKGROUND INFORMATION
Site and Vicini Information:
e su ject site is located adjacent to Highway 217 on an access drive from SW Vams Street. The
property is zoned GP with properties to the north, south and west also zoned GP. The abutting
properties are developed with office or complimentary uses.
Site Histo
AA pt~bfic permit was issued in 2005 to extend public sewer to the site. There is no record of
previous land use activity prior to. the current approved plan to construct a 5,600 square foot addition
SDR2005-00001). The subject variance request is required as a condition of this approval.
Proposal Description:
e app ycant received Site Development Review approval (SDR2005-00001) to construct a 5,600 square
foot addition to an existing office on a .5 acre site. Condition of Approval # 2 requires the applicant to
applyy for a variance to the access pavement width requirement (18.705.030.J~~ The 2i sting access drive
has Z2 feet and 9 inches of avement, but the current standard is 24 feet. To instan additional two
feet would mean the loss of parking spaces and landscaping that are necessary to meet current code
standards. Therefore, a variance is required.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The City. mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. The City received comments from Mr. Bradley Shelley, who owns the adjoining
rope. and office at 6980 SW Vams Street. Mr. Shelley also utilizes the shared' access drive from Vams
treet. is concern is with the parking provided for the businesses located at 7000 SW Varns Street. He
was concerned that this request would allow a variance to the parking requirement for the site. I spoke
with Mr. Shelley and explained that this variance is only to allow the existing pavement width that does not
meet standard and did not allow a reduction in the parking standard. For the approved expansion, the
applicant is adding an additional two parking spaces to meet the current standard. As noted in the Fire
Marshall's comments, no parking will be allowed within the accessway. The two new proposed spaces
must be clear of the 22 feet, nine inches to meet access code requirements of 18.705.030.n.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
VARIANCES AND ADJUSTMENTS:
Section 18.370.020.C.5.a provides that in all zoning districts where access-and egress drives cannot
be readily designed to conform to Code standards within a particular parcel, access with an
adjoining property shall be considered. If access in conjunction with another parcel cannot
reasonably be achieved, the Director may grant an adjustment to the access requirements of
Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval
criteria contained in Subsection 5.b below.
NOTICE OF TYPE 11 DECISION VAR200600068/ NELSON VIAL ACCESS WIDTH ADJUSTMENT PAGE 2 OF 4
The applicant has requested9ariance to 18.705.030j: Minimum acce0equirements for commercial and
industrial use. Table 18.705.3 shows that the minimum access width is 30 feet with 24 feet of pavements
and curbs. The applicant has requested to allow the existing 22 feet and 9 inches of pavement to satisfy this
requirement. The additional pavement and curbs cannot be added. The eastern side of the access is
adjacent to the Hwy 217 right-of-way., To place the improvements along the western side would require
removal of required parking spaces and landscaping.
The Director may approve, approve with condition, or deny a request for an adjustment from the
access requirement contained in Chapter 18.705, based on the following criteria:
It is not possible to share access.
The only possible access to the site is through the existing access easement granted from Oregon
Department of Transportation (ODOT). The site has no street frontage and there are no other access
ways. The only other possible means to access the site is to acquire an access easement across the parcel
to the east (2S101DA 00900). Because this site is already developed with an office building, this option
is not viable.
There are no other alternative access points on the street in question or from another street.
As stated above, there are no other access points because the site has no street frontage. The only means
of access is through an existing access easement that begins at the dead-end of Varns Street. Hwy 217
lies to the north and east of the site and other develo edpproperties border the east and south. The two
sites to the south both utilize the same shared access fprom-Us Street.
The access separation requirements cannot be met.
The access separation requirements are not appplicable because SW Varns Street is a local street. There
are no spacing standards for driveways along a local street.
The request is the minimum adjustment required to provide adequate access.
The existing access width is 22 feet and 9 inches and is bordered on the east by Hwy 217. The necessary
pavement and curbing to meet current standards cannot be installed. To do so would require removal of
eight parking spaces. These spaces are necessary to meet the off-street parking requirements. Given
these actors, the request is the minimum adjustment required to provide adequate access.
The approved access or access approved with conditions will result in a safe access; and
The existing access is wide enough to provide two-way traffic and the applicant states that it has provided
adequate access for many years. As noted under the neighborhood comments section of this decision, a
letter was received from the tenant of a neighboring building, Bradley Shelley. Mr. Shelley notes that
traffic has increased on the accessway in the recent past. Still there is nothing to indicate that the access
has become unsafe. To insure future safe access, the accessway must remain free of parked vehicles or
other obstructions. This requirement is re-iterated in the comments made by Tualatin Valley Fire and
Rescue. A condition has been put in place to insure this requirement is met.
The visual clearance requirement of Chapter 18.795 will be met.
Right-of-way for Hwy217 lies between the on-site access and Vams Street. The accesswayis extended from
the dead end of Vams Street. Therefore, visual clearance is not applicable
FINDING: Staff finds that the access/egress adjustment criteria are not completely satisfied but can
be if the applicant meets the }ollowing condition.
CONDITION:The applicant shall install "No Parking - Fire Lane" signs as specified in comments given
by Tualatin Valley Fire and Rescue.
SECTION VI. OTHER STAFF COMMENTS
The Tigard Building Division and the Tigard Police have reviewed the application and have no
objections.
NOTICE OF TYPE 11 DECISION VAR2006-00068/ NELSON VIAL ACCESS WIDTH ADJUSTMENT PAGE 3 OF 4
SECTION VII. AGIOCY COMMENTS •
ODOT has reviewed the proposal and has no objections.
Tualatin Valley Fire and Rescue reviewed the proposal and offers the following comment:
1) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to
accommodate pare vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall
be installed on one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide
or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall
be posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be
installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches
high and shall have redpletters on a white reflective background. (IFC D103.6)
The fire district will not approve the parking of vehicles on this private road.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
--X-- Owner of record within the required distance
Y--- Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON OCTOBER 13, 2006 AND BECOMES
EFFECTIVE ON OCTOBER 28, 2006 UNLESS AN APPEAL IS FILED.
eal
The decision of the Director (Type II Procedure) or Review Authority 2-Ted. e II Administrative Appeal or
the date that it Is Any parl standing as
rovided in Section 18.390.040.6.1. ma a eal this decision in accordance with Secnon 1$.390.040.G.2.Of
tphe Tlgand Community Development C~odepwhich provides that a written appeal together with the required
fee shall be filed with the Director within ten (10) business days of the date the nonce of the decision was
mailed. The appppeal fee schedule and forms are available from the Planning Division of Tigard City Hall,
13125 SW HallBoulevard, Tigard, Oregon 97223.
Unless the ayplicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined
to the spec Ic issues identified in the written comments submitted by the parties duringg the comment
period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by
any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from
time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON OCTOBER 275 2006.
Ouestlons:
It you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall
Boulevard, Tigard, Oregon at (503) 639-4171.
October 13, 2006
PREPARED BY: e Caines DA
Assistant Planner
I:\cu pln\cheryl\variance\VAR2006-00068
NOTICE OF TYPE 11 DEQSION VAR2006-00068/ NELSON VIAL ACCESS WIDTH ADJUSTMENT PAGE 4 OF 4
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EXHIBITL
Nelson Vial, LLC VAR2006-00068
7000 SW Varns Street
Street NELSON VIAL ACCESS WIDTH ADJUSTMENT
Portland, OR s
97223
Vial & Pham, LLC
7145 SW Varns Street
Tigard, OR 97223
Bradley E. Shelley, Executive Vice President
West Coast Lumber Inspection Bureau
PO Box 23145
Portland, OR 97281-3145
0
AFFIDAVIT OF MAILING
r5
~r i<<1ni zi~~
I, Patricia L. Lunsford, being first dulyysworm/affirm, on oath depose and say that I am a Senior Administrative Specialist
for the City of Tigard, Washington County, Oregon and that I served the following:
(Check Appmp i-Bar(s) B&-w
D NOTICE OF DECISION FOR
VAR2006-00068/NELSON VIAL OFFICE ACCESS WIDTH ADJUSTMENT
(File No/Name Reference)
❑ AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit " X, and by reference made a part hereof, was mailed to each
named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B" , and by reference made a part hereof, on
October 13, 2006, and deposited in the United States Mail on October 13, 2006, postage prepaid.
a
(Person that Prefared Notice)
STATE OF OREGON
County of Washington SS.
City of Tigard
Subscribed and sworn/affirmed before me on the l s day of ✓ , 2001.
=JELDERKS
MYCOM07 SEPT m
NOTARY PUB F
OREGON
My Commission xpires: 3~ O
• • EXHIBIT-.
NOTICE OF TYPE II DECISION
VARIANCE (VAR) 2006-00068
NELSON VIAL ACCESS WIDTH ADJUSTMENT
120 DAYS =1/5/2007
SECTION I. APPLICATION SUMMARY
FILE NAME: NELSON VIAL ACCESS WIDTH ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-00068
PROPOSAL: The applicant received Site Development Review approval (SDR2005-00001) to construct a
5,600 square foot addition to an existing office building. Condition of Approval 2) required
the applicant to apply for an adjustment to the access and egress standards regarding access
width. The request is to allow the existing 22 feet and 9 inches to satisfy the requirements of
18.705.030.J. An adjustment to the access and egress standards is required because this
standard cannot be met. The existing parking and landscaping precludes the installation of
the additional pavement and curbing required. This review addresses the required variance
request.
APPLICANT: Vial & Pham, LLC OWNER: Nelson Vial, LLC
Attn: Hoa Pham 7000 SW Varns St.
7145 SW Varns St. Tigard, OR 97223
Tigard, OR 97223
LOCATION: 7000 SW Varns Street; WCTM 2S101DA, Tax Lot 1900.
ZONE: GP: Professional/Administrative Commercial District. The GP zoning district is designed
to accommodate civic and business/professional services and compatible support services,
e.g., convenience retail and personal services, restaurants, in close proximity to residential
areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road
District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-
40 zoning district, are permitted in conjunction with a commercial development. Heliports,
medical centers, religious institutions and utilities are permitted conditionally. Developments
in the GP zoning district are intended to serve as a buffer between residential areas and
more-intensive commercial and industrial areas.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370,18.390,18.520 and 18.705.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the a ove request. The findings and conclusions on which the decision is based are noted in
the full decision, available at City Hall.
THIS APPROVAL SHALL BE~ VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be
obtained for twenty-five cents (25~) per page, or the current rate charged for copies at the time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON OCTOBER 13, 2006 AND
EFFECTIVE ON OCTOBER 28, 2006 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. Any parrtyty with standing as provided in Section
18.390.040.G.1. may appeal this decision in accordance with Section 18. 90.040.G.2. of the Tigard Community
Development Code w.Kph provides that a written appeal together with the reqquired fee shall be filed with the
Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and
forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon
97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal
hearing, subject to any additional rules of procedure that maybe adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 27, 2006.
estions:
For further information please contact the Planning Division Staff Planner, Chel Caiines at (503) 639-4171,
Tigard City Hall Permit Center located at 13125 SW Hall Boulevard, Tigard, Oregon 97223.
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EXTENDED STAY HOTELS EUGENE, OR 97440
100 DUNBAR ST
SPARTANBURG, SC 29306
2S101DC-04300 21-10
BROWN CASTILLO FAMILY LLC PAP OPERTIES IN
5750 SW ALFRED PO BOX 4
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PORTLAND, OR 97210 355 GOODPASTURE ISLAND RD
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CRUMPACKER JAMES FEIR REVOC TRU PARAGON INVESTMENTS LLC
BY CRUMPACKER JAMES FEIR TR 7100 SW FIR LP
02107 SW GREENWOOD RD TIGARD, OR 97223
PORTLAND, OR 97219
2S101DA-00104 2S101DA-01500
F I G HOLDING COMPANY RKM DEVELOPMENT INC
ATTN: REAL ESTATE ACCTG MNGR 15285 NW CENTRAL DR #100
4680 WILSHIRE BLVD PORTLAND, OR 97229
LOS ANGELES, CA 90010
2S101DA-00103 2S101DB-01000
GK TRIANGLE CORPORATE PARK III L SHROYER FARMS INC
BY KBS REALTY ADVISORS LLC PO BOX 789
ATTN: PETER METTE PHILOMATH, OR 97370
201 CALIFORNIA ST #470
SAN FRANCISCO, CA 94111
2S101DA-02100 2S101DC-04201
HBA PROPERTIES LLC T/W ASSOCIATES LLC
6960 SW VARNS RD STE 200 7190 SW FIR LOOP
TIGARD, OR 97223 TIGARD, OR 97223
2S101DA-01400 2S101DC-03700
HUG BILLIE JANETTE EVANS UNITED FOOD & COMMERICAL WORKERS
1152 TROON UNION LOCAL #555
LAKE OSWEGO, OR 97034 PO BOX 23555
TIGARD, OR 97281
2S101DA-01600 2S101DB-00901
LOMMASSON PROPERTIES LLC VARNS CORNER LLC
3412 NE 151ST AVE 7000 SW VARNS
PORTLAND, OR 97230 PORTLAND, OR 97223
2S101DA-01900 2 01DA-00800
NELSON VIAL LLC VAR
7000 SW VARNS 7105 RNS
PORTLAND, OR 97223 TLAND, OR 9722
2S101DA-02000 • •
WEST COAST LUMBER
INSPECTION BUREAU INC
6980 SW VARNS
PORTLAND, OR 97223
2S101DA-00900
WESTON INVESTMENT CO LLC
2154 NE BROADWAY STE 200
PORTLAND, OR 97232
2S101DA-01200
WE51'9W1Ap STM C
2154 N WA 00
TLAND, OR 97232
25101 DD-00101
VESTMENT LLC
2154 NE BRO 200
P~Ti:f1 , OR 97232
2S101DA-01700
WHITE FREDRICK A KAY A
HELLMAN DALE G
PINELLI MICHAEL J
38965 NORTH 58TH ST
CAVE CREEK, AZ 85331
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Nathan and Ann Murdock Mildren Design Group
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Diane Baldwin
11250 SW 82nd Avenue 3706 Kinsale Lane SE
Tigard, OR 97223 Olympia, WA 98501
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpln\setup\labels\CIT East.doc) UPDATED: 21-Oct-05
AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first du~lysworn/affirm, on oath depose and say that I am a Senior Administrative Specialist
for the City of Tigard, Washington County, Oregon and that I served the following:
(0-kM-r6.. B4)
Bcbwl
❑x NOTICE OF DECISION FOR
VAR2006-00068/NELSON VIAL OFFICE ACCESS WIDTH ADJUSTMENT
(File No./Na- Reference)
❑ AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "A" , and by reference made a part hereof, was mailed to each
named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B", and by reference made a part hereof, on
October 13, 2006, and deposited in the United States Mail on October 13, 2006, postage prepaid.
(Person t Prep d N(tice)
STATE OF OREGON
County of Washington ss.
City of Tigard
r
Subscribed and sworn/affirmed before me on the 3 S dayof I*X4-4-k )2001.
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PURLIC•ORECAI'N
s COMMISSION NO. 373021 MY COMMISSION EXPIRES SEPL 25.2Q0~
Ih AA a car
N TARY PUBL.I OREGON
My Commission Expires: ~O
NOTICE TOMORTGAGEE LIENHOL VENDORORSELLER: • EXH I B IT....
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY
FORWARDED TO THE PURCHASER
NOTICE OF PENDING
LAND USE APPLICATION ~
ADJUSTMENT 71Tw,\-_- )
DATE OF NOTICE: September 13, 2006
FILE NUMBER VARIANCE (VAR) 2006-00068
FILE TITLE: NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT
REQUEST: The applicant is requesting approval to reduce the access width standard from 24 feet of pavement to 22
feet of pavement. This adjustment is a condition of approval for a previously approved Site Development
Review (SDR2005-00001).
LOCATION: 7000 SW Vams Street; Washington County Tax Map 2S101DA, Tax Lot 1900.
ZONE: GP: Professional Commercial/Administrative Commercial District. The GP zoning district is designed
to accommodate civic and business/professional services and compatible support services, e.g.,
convenience retail and personal services, restaurants, in close proximity to residential areas and major
transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a
minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in
conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities
are permitted conditionally. Developments in the GP zoning district are intended to serve as a buffer
between residential areas and more-intensive commercial and industrial areas.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390,18.370 and 18.520.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written
comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON
SEPTEMBER 27, 2006. All comments should be directed to Emily Eng, Assistant Planner in the Planning Division at the City
of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or
bye-mail to emily@tigard-or.gov
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM
ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN
THE DECISION MAKING PROCESS
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL
BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON nun ISSUE IS
TENTATIVELY SCHEDULED FOR OCTOBER 12, 2006. IF YOU PROVIDE GOMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
•
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION:
• Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be
applicable to this proposal,
• Raise any issues and/, or concerns believed to be important with sufficient evidence to allow the City to provide a response;
• Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria
with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals
to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval
criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO Nona. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON
THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
• The application is accepted by the City '
• Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written
comment period.
• The application is reviewed by City Staff and affected agencies.
• City Staff issues a written decision.
• Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of
record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City.
recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to
notice under an intergovernmental agreement entered into with the City which includes provision for such notice or
anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are contained
within the record and are available for public review at the City of Tigard Community Development Department. Copies of these
items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application
should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide
Written Comments."
P a 9T
NTT LAITY \L1P
VAR20 6-00068==
NELSON VIAL, LL(-
ACCESS %NIDTI-I
ADJUSTMENT
ST
_ p
Tq ~p O 7- ,~L1
N
mN ebpennnl a • .
0 • EXHIBIT
Vial & Pham, LLC VAR2006-00068
7145 SW Varns Street NELSON VIAL LLC, ACCESS WIDTH
Tigard, OR 97223 ADJUSTMENT
Nelson Vial, LLC
7000 SW Varns Street
Tigard, OR 97223
2S101DA-00105 2S101 DD-01 100
BRE/HV PROPERTIES LLC PAPE' PROPERTIES INC
TAX DEPTARTMENT PO BOX 407
EXTENDED STAY HOTELS EUGENE, OR 97440
100 DUNBAR ST
SPARTANBURG, SC 29306
2S101DC-04300 101DD-00200
BROWN CASTILLO FAMILY LLC PAP OPERTIES IN
5750 SW ALFRED PO BOX 4
PORTLAND, OR 97219 Fla BE, OR 97440
2S101DA-01100 2S101DD-00100
CHINOOK INVESTMENT COMPANY PAPE SHIRLEY N &
25 NW 23RD PL STE 6 TOOKE DIAN P &
BOX 454 PAPE TERRANCE E
PORTLAND, OR 97210 355 GOODPASTURE ISLAND RD
EUGENE, OR 97440
2S101DB-01100 2S101DA-01000
CRUMPACKER JAMES FEIR REVOC TRU PARAGON INVESTMENTS LLC
BY CRUMPACKER JAMES FEIR TR 7100 SW FIR LP
02107 SW GREENWOOD RD TIGARD, OR 97223
PORTLAND, OR 97219
2S101DA-00104 2S101DA-01500
F I G HOLDING COMPANY RKM DEVELOPMENT INC
ATTN: REAL ESTATE ACCTG MNGR 15285 NW CENTRAL DR #100
4680 WILSHIRE BLVD PORTLAND, OR 97229
LOS ANGELES, CA 90010
25101 DA-00103 2S101 DB-01000
GK TRIANGLE CORPORATE PARK III L SHROYER FARMS INC
BY KBS REALTY ADVISORS LLC PO BOX 789
ATTN: PETER METTE PHILOMATH, OR 97370
201 CALIFORNIA ST #470
SAN FRANCISCO, CA 94111
2S101DA-02100 2S101DC-04201
HBA PROPERTIES LLC T/W ASSOCIATES LLC
6960 SW VARNS RD STE 200 7190 SW FIR LOOP
TIGARD, OR 97223 TIGARD, OR 97223
2S101DA-01400 2S101DC-03700
HUG BILLIE JANETTE EVANS UNITED FOOD & COMMERICAL WORKERS
1152 TROON UNION LOCAL #555
LAKE OSWEGO, OR 97034 PO BOX 23555
TIGARD, OR 97281
2S101DA-01600 2S101DB-00901
LOMMASSON PROPERTIES LLC VARNS CORNER LLC
3412 NE 151ST AVE 7000 SW VARNS
PORTLAND, OR 97230 PORTLAND, OR 97223
2S101DA-01900 2S4,01 DA-00800
NELSON VIAL LLC VAR
7000 SW VARNS 7105 PpqARNS
PORTLAND, OR 97223 TLAND, OR 9722
2S101DA-02000
WEST COAST LUMBER
INSPECTION BUREAU INC
6980 SW VARNS
PORTLAND, OR 97223
2S101DA-00900
WESTON INVESTMENT CO LLC
2154 NE BROADWAY STE 200
PORTLAND, OR 97232
2S101DA-01200
09Eb STM C
2154 N~ WA 00
-PORTLAND, OR 97232
2S101DD-00101
7VESTMENT LLC
2154 NE BRO 200
P , OR 97232
2S101DA-01700
WHITE FREDRICK A KAY A
HELLMAN DALE G
PINELLI MICHAEL J
38965 NORTH 58TH ST
CAVE CREEK, AZ 85331
Nathan and Ann Murdock Mildren. Design Group
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Diane Baldwin
11250 SW 82nd Avenue 3706 Kinsale Lane SE
Tigard, OR 97223 Olympia, WA 98501
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD -EAST INTERESTED PARTIES (i:\curpln\setup\labels\CIT East.doc) UPDATED: 21-Oct-05
AFFIDAVIT OF MAILING
EUG7, lZ~
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist
for the City of Tigard, Washington County, Oregon and that I served the following:
D NOTICE OF PENDING LAND USE DECISION FOR
VAR2006-00068/NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT
❑ AMENDEDNOTICE
(File NolName Refere,rce)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each
named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, on
September 13, 2006, and deposited in the United States Mail on September 13, 2006, postage prepaid.
(Person at P amd Notice)
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the Z ' day of OCIZI , 2006.
OFFICIAL SEAL
KRISTIE i IPEIERMAN i
(VO
TARY PUBLIC-OREGON
COMMISSION NO. 37022
MY COMMI SIION EXPIRES JULY 286201'7
NOTARY PUBLIC(OF OREGON
My Commission Expires: a ~ 211
L/ U
• •
AFFIDAVIT OF POSTING NOTICE
U. OF A LAND USE PROPOSAL
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY
A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE.
In the Matter of the Proposed Land Use Applications for.
Land Use File Nos.: VAR2006-00068
Land Use File Name: NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT
I, Cheryl Caines, Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal
affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently
registered)
and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general
vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof,
on the day of J~QP b~"' , 2006.
C+ hc~ Q L'~;wrie~
Signaturef Person Who Performed Posting
h:Vogin\patty\mastea\affidavit of posting for applicant to post public hearing.doc
NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT
VAR2006-00068
REQUEST: The applicant is requesting approval to reduce the access width standard
from 24 feet of pavement to 22 feet of pavement. This adjustment is a condition of
approval for a previously approved Site Development Review (SDR2005-00001).
LOCATION: 7000 SW Varns Street; Washington County Tax Map 2S101DA, Tax
Lot 1900. ZONE: C-P: Professional Commercial/Administrative Commercial Distric*
The C-P zoning district is designed to accommodate civic and business /professional
services and compatible support services, e.g., convenience retail and personal services,
restaurants, in close proximity to residential areas and major transportation facilities.
Within the Tigard Triangle and Bull Mountain Road District, residential uses at a
minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are
permitted in conjunction with a commercial development. Heliports, medical centers,
religious institutions and utilities are permitted conditionally. Developments in the C-P
zoning district are intended to serve as a buffer between residential areas and more-
intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA
Community Development Code Chapters 18.390, 18.370 and 18.520.
Further information may be obtained from the Planning Division (staff contact: Cheryl Cainess
Assistant Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by
email to Emily Eng, Assistant Planner (x2. A copy of the application and all documents and
evidence submitted by or on behalf of the applicant and the applicable criteria are available for
inspection at no cost and copies for all items can also be provided at a reasonable cost.
} CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
a AREA NOTIFIED
(5001)
m11D11n11
H
00
C° FOR: MARK NEWMYER
RE: 2S101 DA; 01900
tsum11len zsmD11111
VARNS ST Property owner information
is valid for 3 months from
the date printed on this map.
zs111De11eee
u1o11n1 :amD11u11
W
~ zsu1D11m1 zsu1D111111
Q t3101DB1111o 21191011
FIR LP 23101DA01210 231D1111rn0
zsumou:el
23111D191619
t51o1D00i1De
N 231010014391 231DIDU400 2318101e2011
~ 231010111511
N
0 100 200 300 400 Feet
2111110C1371 1112111 100 111231110088211
231110011111 1'= 269 feet
1
s
23111DD11111
l:
SANDBURG ST
Information on this map is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
(503) 639-4171
httplhw .ci.tigard.or.us
Community Development Plot date: Aug 28, 2006; C:XmagicWIAGIC03.APR
•
2S101DA-00105 ` 2S101 DD-01 100
BRE/HV PROPERTIES LLC PAPE' PROPERTIES INC
TAX DEPTARTMENT PO BOX 407
EXTENDED STAY HOTELS EUGENE, OR 97440
100 DUNBAR ST
SPARTANBURG, SC 29306
2S101DC-04300 101 DD-00200
BROWN CASTILLO FAMILY LLC PAP OPERTIES IN
5750 SW ALFRED PO BOX 4
PORTLAND, OR 97219 EL1 NE, OR 97440
25101 DA-01100 25101 DD-00100
CHINOOK INVESTMENT COMPANY PAPE SHIRLEY N &
25 NW 23RD PL STE 6 TOOKE DIAN P &
BOX 454 PAPE TERRANCE E
PORTLAND, OR 97210 355 GOODPASTURE ISLAND RD
EUGENE, OR 97440
2S101DB-01100 2S101DA-01000
CRUMPACKER JAMES FEIR REVOC TRU PARAGON INVESTMENTS LLC
BY CRUMPACKER JAMES FEIR TR 7100 SW FIR LP
02107 SW GREENWOOD RD TIGARD, OR 97223
PORTLAND, OR 97219
2S101DA-00104 2S101DA-01500
F I G HOLDING COMPANY RKM DEVELOPMENT INC
ATTN: REAL ESTATE ACCTG MNGR 15285 NW CENTRAL DR #100
4680 WILSHIRE BLVD PORTLAND, OR 97229
LOS ANGELES, CA 90010
2S101DA-00103 2S101DB-01000
GK TRIANGLE CORPORATE PARK III L SHROYER FARMS INC
BY KBS REALTY ADVISORS LLC PO BOX 789
ATTN: PETER METTE PHILOMATH, OR 97370
201 CALIFORNIA ST #470
SAN FRANCISCO, CA 94111
2S101DA-02100 2S101DC-04201
HBA PROPERTIES LLC TM/ ASSOCIATES LLC
6960 SW VARNS RD STE 200 7190 SW FIR LOOP
TIGARD, OR 97223 TIGARD, OR 97223
2S101DA-01400 2S101DC-03700
HUG BILLIE JANETTE EVANS UNITED FOOD & COMMERICAL WORKERS
1152 TROON UNION LOCAL #555
LAKE OSWEGO, OR 97034 PO BOX 23555
TIGARD, OR 97281
2S101DA-01600 2S101DB-00901
LOMMASSON PROPERTIES LLC VARNS CORNER LLC
3412 NE 151 STAVE 7000 SW VARNS
PORTLAND, OR 97230 PORTLAND, OR 97223
2S101DA-01900 2 01DA-00800
NELSON VIAL LLC VAR
7000 SW VARNS 7105
RNS
PORTLAND, OR 97223 TLAND, OR 99722
ppir
2S101DA-02000
WEST COAST LUMBER
INSPECTION BUREAU INC
6980 SW VARNS
PORTLAND, OR 97223
2S101DA-00900
WESTON INVESTMENT CO LLC
2154 NE BROADWAY STE 200
PORTLAND, OR 97232
2S101DA-01200
WESTeN4I STM C
2154 N WA 00
TLAND, OR 97232
2S101DD-00101
1AfES~C1 VESTMENT LLC
2154 NE BRO 200
~RFL OR 97232
0
2S101DA-01700
WHITE FREDRICK A KAY A
HELLMAN DALE G
PINELLI MICHAEL J
38965 NORTH 58TH ST
CAVE CREEK, AZ 85331
Mildren Design'~roup
Nathan and Ann Murdock Attn: Gene Mildren
PO Box 231265 7650 SW Beveland Street, Suite 120
Tigard, OR 97281 Tigard, OR 97223
Sue Rorman Diane Baldwin
11250 SW 82nd Avenue 3706 Kinsale Lane SE
Tigard, OR 97223 Olympia, WA 98501
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpln\setup\labels\CIT East.doc) UPDATED: 21-Oct-05
CITY OF TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
13125 SW HALL BOULEVARD
TIGARD, OREGON 91223 Tr El0ACkDD
PHONE: 503-639-4111 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL pats (0tigard-or.gov
EgiaCVO° am MW Uff 1]
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e.1S134AB, Tax Lot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
2S1-01-DA, Tax Lot 01900
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and
the prol'ect planner has reviewed your application for completeness, you will be notified by means of an
incompleteness letter to obtain your 2 final sets of labels.
The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first
class letter-rate ostage on the envelopes in the form of postage stamps (no metered envelopes and no
return address) and resubmitted to the City for the pose of providing notice to property owners of the
proposed land use application and the decision. ThepurZ sets of envelopes must be kept separate. The
person listed below will be called to pick up and pay for the labels when they are ready.
NAME OF CONTACT PERSON: Mark NewMyer PHONE: 503-740-4586
FAX:
EMAIL:
Is request may be mailed, axe or an a ivere tote City o Tigard. Please allow a
2-day minimum for processing requesis. Upon completion of yyour request, the contact person will be
called to pick up their request that will be placed in "Will CaIP, by their last name, at the Community
Development Reception Desk.
The cost of processing your request must be paid at the time of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED
BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Description:
$11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet).
Then, multiply the cost to print one set of labels b the number of sets requested.
EXAMPLE COST FOR THIS REQUEST
4 sheets of labels x $2/sheet = 8.00 x 2 sets = $16.00 2- sheet(s) of labels x $2/sheet = $Wox2- sets = 9.0
1 sheets of labels x $2/sheet for interested parties x 2 sets= $ 4.00 1 sheet(s) of labels x $2/sheet for interestect parties = Zoo x j sets = 4.o
GENERATE LIST = $11.00 GENERATE LIST = $11.00
TOTAL = $31.00 TOTAL = $Z3,00
u~J 77 L WEST CoA~lr LUMBER INSPPCTIONBUREAU
September 20, 2006
RECEIVED PLANNING
Ms. Emily Eng SEP 2 2 2006
Assistant Planner
City of Tigard CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Variance 2006-00068
Dear Ms. Eng:
I am writing in regard to the notice for Variance 2006-00068 regarding parking at 7000 SW Varns St.;
Washington County Tax Map 2S101DA, Tax Lot 1900.
The West Coast Lumber Inspection Bureau has occupied the adjoining property and office at 6980 SW
Varns St. since 1972, and has been the owner of this property since approximately 1982. Access to this
property has always been along a rather narrow paved extension to SW Varns St. Parking at 7000 SW
Varns St. has also been somewhat restricted and cramped especially on the street side of the property. In
the past this has not been a major problem as the traffic on this portion of Varns St. has been somewhat
limited due to the fact that the street is not a through street and the businesses located here have had limited
client and employee traffic. Over the recent past, however, as the area has developed and the business mix
has changed, the vehicular traffic on Varns St. and the extension has been increasing rather significantly.
When the owners of 7000 SW Varns St. proposed an addition to the office complex at that site, I informed
them that we had no objection to the expansion so long as adequate parking was provided by them for all
occupants and their customers. We were assured that ample parking would be included in the expansion.
Since the initial approval for the office expansion, however, there have been at least two instances at 7000
SW Varns St. when the available parking was not sufficient for the current occupants and their customers,
and overflow traffic used parking spaces at our office reserved for our employees and clients.
This latest request for variance of the required space allowance for parking increases our concerns that
there will not be sufficient parking space available at the expanded office complex at 7000 SW Varns St.
We are concerned that overflow traffic onto the parking spaces provided on our property for our employees
and clients will become a chronic problem. Without adequate assurances that this will not be the case, we
must request that the requested variance be denied, and the owners be directed to provide sufficient parking
space, as required by the city, to accommodate the needs of the expanded office occupants and their clients.
I appreciate your consideration of these concerns. If you need additional information, please contact me.
Sincerely,
/qradley E. Shelley
cutive Vice Presider
Portland (503) 639-0651 / FAX (503) 684-8928 • Southern California (714) 813-4161 • Grants Pass (541) 471-1610
6980 S.W. Varns Street, Tigard, Oregon 97223 • Mailing Address: P.O. Box 23145, Portland, Oregon 97281-3145
i •
;N
Tvpoxe
Tualatin Valley ;J
Fire & Rescue
October 4, 2006
Emily Eng, Assistant Planner
City of Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Nelson Vial, LLC Access Width Adjustment (VAR) 2006-00068
Dear Emily,
Thank you for the opportunity to review the proposed site plan surrounding the above named development
project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions
of approval:
1) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked
vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both
sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both
sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane.
Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a clear space above grade level of 7
feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective
background. (IFC D103.6)
The fire district will not approve the parking of vehicles on this private road.
We trust this letter will be helpful with the final design of this proposal insofar as fire apparatus access and
firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree
with, or wish to discuss further, please call me.
Sincerely,
John K. Dalby
John K. Dalby, Deputy Fire Marshal II
Tualatin Valley Fire & Rescue, North Division
14480 SW Jenkins Road
Beaverton, OR 97005-1152
(503) 356-4723
North Division Office
14480 SW Jenkins Road, Beaverton, OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com
i i
Fc,
0_'lA\11~_0)
RE UEST FOR COMMENTS
Q
DATE: September 13, 2006
TO: Brian Blalock, Commercial Plans Examiner
FROM: City of Tigard Planning Division
STAFF CONTACT: Cheryl Caines, Assistant Planner (x2437)
Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emily@tigard-or.gov
VARIANCE (VAR) 2006-00068
➢ NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT<
REQUEST: The applicant is requesting approval to reduce the access width standard from 24 feet of pavement to 22
feet of pavement. This adjustment is a condition of approval for a previously approved Site Development Review
(SDR2005-00001). LOCATION: 7000 SW Varns Street; Washington County Tax Map 2S101DA, Tax Lot 1900.
ZONE: GP: Professional Commercial/Administrative Commercial District. The GP zoning district is designed to
accommodate civic and business/professional services and compatible support services, e.g., convenience retail and
personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the
Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e.,
equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical
centers, religious institutions and utilities are permitted conditionally. Developments in the GP zoning district are
intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390,18.370 and 18.520.
Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by
various departments and agencies and from other Hormation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: SEPTEMBER 27 2006. You may use the space provided below or
attach a separate letter to return your comments. I u are unable to res and b the above date, please phone the staff
contact noted above with your comments and confirm your comments in writingg as soon as possible. I~ you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigani, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY-
We have reviewed the proposal and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter or email.
Written comments provided below:
Name & Number of Person Commenting: /J 1A /-J 3 IA `Q C LXT Z -?zr9
~q'Y U^I
> NA\ REQUEST FOR COMME STRICT 2- A
DATE: September 13, 2006 ❑ S E P 1 4 2006 ❑
DEC PMT
TO: Sam Hunaidi ODOT Region 1/District 2A Assistant District Mana 1.1 ❑
M 0M 0S
FROM City of Tigard Planning Division
STAFF CONTACT: C hed Caines, Assistant Planner (x24371
Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emil y& tgard-or.gov
VARIANCE (VAR) 2006-00068
➢ NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT<
REQUEST: The applicant is requesting approval to reduce the access width standard from 24 feet of pavement to 22
feet of pavement. This adjustment is a condition of approval for a previously approved Site Development Review
(SDR2005-00001). LOCATION: 7000 SW Varns Street; Washington County Tax Map 2S101DA, Tax Lot 1900.
ZONE: GP: Professional Commercial/Administrative Commercial District. The C-P zoning district is designed to
accommodate civic and business/professional services and compatible support services, e.g., convenience retail and
personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the
Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e.,
equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical
centers, religious institutions and utilities are permitted conditionally. Developments in the GP zoning district are
intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390,18.370 and 18.520.
Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by
various departments and agencies and from other Hormation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the ppro posal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: SEPTEMBER 27 2006. You may use the space provided below or
attach a separate letter to return your comments. I u are unable to res and b the above date, please phone the staff
contact noted above with your comments and co inn your comments in wri tmiig as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY-
We have reviewed the proposal and have no objections to it.
Please contact of our office.
_ Please refer to the enclosed letter or email.
Written comments provided below:
00
Name & Number of Person Commentin : ~ - e .u o T
g SeGn'l LL/?
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. •5
REQUEST FOR COMMENTS
DATE: September 13, 2006
TO: Jim Wolf, Tigard Police Department Crime Prevention Officer
FROM: City of Tigard Planning Division
STAFF CONTACT: Cheryl Caines, Assistant Planner (x2437)
Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emily@tigard-or.gov
VARIANCE (VAR) 2006-00068
➢ NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT<
REQUEST: The applicant is requesting approval to reduce the access width standard from 24 feet of pavement to 22
feet of pavement. This adjustment is a condition of approval for a previously approved Site Development Review
(SDR2005-00001). LOCATION: 7000 SW Vams Street; Washington County Tax Map 2S101DA, Tax Lot 1900.
ZONE: GP: Professional Commercial/Administrative Commercial District. The C P zoning district is designed to
accommodate civic and business/professional services and compatible support services, e.g., convenience retail and
personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the
Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e.,
equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical
centers, religious institutions and utilities are permitted conditionally. Developments in the GP zoning district are
intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390,18.370 and 18.520.
Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by
various departments and agencies and from other Hormation available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: SEPTEMBER 27 2006. You may use the space provided below or
attach a separate letter to return your comments. I u are unable to respond b the above date, please phone the staff
contact noted above with your comments and confirm your comments in writingg as soon as possible. It you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY-
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter or email.
Written comments provided below:
Name & Number of Person Commenting: S03 -11S. Z5 b 0
_v
REQUEST FOR COMMENTS
DATE: September 13, 2006
TO: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Emily Eng, Assistant Planner (x2712)
Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emily@tgard-or.gov
VARIANCE (VAR) 2006-00068
➢ NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT<
REQUEST: The applicant is requesting approval to reduce the access width standard from 24 feet of pavement to 22
feet of pavement. This adjustment is a condition of approval for a previously approved Site Development Review
(SDR2005-00001). LOCATION: 7000 SW Vans Street; Washington County Tax Map 2S101DA, Tax Lot 1900.
ZONE: GP: Professional Commercial/Administrative Commercial District. The GP zoning district is designed to
accommodate civic and business/professional services and compatible support services, e.g., convenience retail and
personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the
Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e.,
equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical
centers, religious institutions and utilities are permitted conditionally. Developments in the GP zoning district are
intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390,18.370 and 18.520.
Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY. SEPTEMBER 27 2006. You may use the space provided below or
attach a separate letter to return your comments. I u are unable to res and b the above date, please phone the staff
contact noted above with your comments and co irm your comments in writing as soon as possible. I~ you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter or email.
Written comments provided below:
Name & Number of Person Commenting:
ITY OF TIGARD REQUEST FO&FOMMENTS
NOTIFIC N LIST FOR LAND USE & COMMUNITY D ELOPMENT APPLICATIONS
FILE NOS.: Pt R aOocP -000 6 $ FILE NAME: e (SrJ'n via Jac. cis
CITIZEN INVOLVEMENT TEAMS
14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East ❑South ❑West
CITY OFFICES
LONG RANGE PLANNING/Barbara Shields, Planning Mgr. OMMUNITY DVLPMNT. DEPTJPIanning-Engineering Techs. ✓POLICE DEPTJJim Wolf, Crime Prevention Officer
✓BUILDING DIVISION/Mark (residential) Brian (commercial) ENGINEERING DEPTJKim McMillan, Dvlpmnt. Review Engineer _ PUBLIC WORKS/Matt Stine, Urban Forester
CITY ADMINISTRATION/Cathy Wheatley, City Recorder _ PUBLIC WORKS/Rob Murchison, Project Engineer -PLANNING COMMISSION (+11 sets)
PLANNER - POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARINGI _ HEARINGS OFFICER (+2 sets)
SPECIAL DISTRICTS
_ TUAL. HILLS PARK & REC. DIST.*ZTUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT • _ CLEANWATER SERVICES
Planning Manager North Division Administrative Office Lee Walker/SWM Program
15707 SW Walker Road John K. Dalby, Deputy Fire Marshall PO Box 745 155 N. First Avenue
Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97075 Hillsboro, OR 97124
Beaverton, OR 97005-1152
LOCAL AND STATE JURISDICTIONS
CITY OF BEAVERTON _ CITY OF TUALATIN OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS
_ Planning Manager Planning Manager Devin Simmons, Habitat Biologist Melinda Wood (wI.UN Form Required)
_ Steven Sparks, Dev. Svcs. Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100
PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301-1279
Beaverton, OR 97076 Portland, OR 97231
_ OR. PUB. UTILITIES COMM.
METRO - LAND USE & PLANNING _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380
City Manager Portland. OR 97232-2736 Portland, OR 97232
17160 SW Upper Boones Fry. Rd. _ Bob Knight, Data Resource Center (ZCA) _ US ARMY CORPS. OF ENG.
Durham, OR 97224 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (Maps& CWS Letter Only)
_ Mel Huie, GreanspacesCoordinator(CPA/ZOA) Larry French (Comp. Plan Amendments Only) Routing CENWP-OP-G
_ CITY OF KING CITY ,ik _ Jennifer Budhabhatti, Regional Planner (Wetlands) 635 Capitol Street NE, Suite 150 PO Box 2946
City Manager _ C.D. Manager, Growth Management Services Salem, OR 97301-2540 Portland, OR 97208-2946
15300 SW 116th Avenue
King City, OR 97224 WASHINGTON COUNTY
_ OR. DEPT. OF ENERGY (Powedines in Area) _ OR. DEPT OF AVIATION (Monopole Towers) Dept. of Land Use & Transp.
Bonneville Power Administration Tom Highland, Planning 155 N. First Avenue
_ CITY OF LAKE OSWEGO Routing TTRC - Attn: Renee Ferrera 3040 25th Street, SE Suite 350, MS 13
Planning Director PO Box 3621 Salem, OR 97310 Hillsboro. OR 97124
PO Box 369 Portland, OR 97208-3621 _ Steve Conway (General Apps.)
Lake Oswego, OR 97034 _ Gregg Leion (CPA)
_ OR.DEPT.OF ENVIRON.QUALITY (DEQ) COOT, REGION 1 _ Brent Curtis (CPA)
_ CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _✓Grant Robinson, Development Review Coordinator _ Doria Mateja (ZCA) Ms 14
Planning Bureau Director Regional Administrator _ Carl Todand, Right-of-Way Section (vacations) _ Sr.Cartographer (CPAacA)MS 14
1900 SW 4th Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders _ Jim Nims, Surveyor acA) ms is
Portland, OR 97201 Portland, OR 97201-4987 Portland, OR 97209-4037
_ WA.CO.CONSOL. COMM.AGNCY ✓ODOT, REGION 1 - DISTRICT 2A +M _ ODOT, RAIL DIVISION _ STATE HISTORIC
Dave Austin(wcccA,)-st1"(m-pal.Tew.rs) Sam Hunaidi, Assistant District Manager (Notify If ODOTRIR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning, sr. crossing safety specialist °(Notify if Property Has HD Overlay)
Beaverton, OR 97007-0375 Portland OR 97221 555-13th Street, NE, Suite 3 1115 Commercial Street, NE
Salem, OR 973014179 Salem, OR 97301-1012
UTILITY PROVIDERS AND SPECIAL AGENCIES
_ PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE R/R, OREGON ELECTRIC R/R (Burlington Northem/Santa Fe R/R Predecessor)
Bruce Carswell, President & General Manager
1200 Howard Drive SE
Albany, OR 97322-3336
_ SOUTHERN PACIFIC TRANS. CO. R/R _ METRO AREA COMMUNICATIONS _ COMCAST CABLE CORP. _ TRI-MET TRANSIT DVLPMT.
Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations Only) Gerald Backhaus(seempfar"recanted) (if Protect Is Within 1A Mile of a Transit Route)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner
Portland, OR 97232 1815 NW 169th Place, S-6020 Beaverton, OR 97005 710 NE Holladay Street
Beaverton, OR 970064886 Portland, OR 97232
_ PORTLAND GENERAL ELECTRIC _ NW NATURAL GAS COMPANY _ VERIZON _ QWEST COMMUNICATIONS
Ken Gutierrez, Svc.Design Consultant Scott Palmer, Engineering Coord. David Bryant, Engineering Lynn Smith, Eng. ROW Mgr.
9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd, Rm 110
Wilsonville, OR 97070 Portland, OR 97209-3991 Beaverton, OR 97075-1100 Portland, OR 97219
_ TIGARD/TUALATIN SCHOOL DIST. #23J _ BEAVERTON SCHOOL DIST. #48 _ COMCAST CABLE CORP. _ COMCAST CABLE COMMUNIC.
Teri Brady, Administrative Offices Jan Youngquist, Demographics Alex Silantiev (s.Lwf.Armc..) Diana Carpenter tApy.E.aHameo wv)
6960 SW Sandburg Street 16550 SW Merio Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue
Tigard, OR 97223-8039 Beaverton, OR 97006-5152 Beaverton, OR 97008 Tigard, OR 972234203
INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL
CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\pattytmasters\Request For Comments Notification List.doc (UPDATED: 23-May-06)
•
=~s7
LAND USE PROPOSAL DESCRIPTION
ll`I!lDD
120 DAYS = 1/5/2007
FILE NO.: VARIANCE (VAR) 2006-00068
FILE TITLE: NELSON VIAL, LLC ACCESS WIDTH ADJUSTMENT
APPLICANT: Vial & Pham, LLC OWNER: Nelson Vial, LLC
7145 SW Vams Street 7000 SW Varns Street
Tigard, OR 97223 Tigard, OR 97223
REQUEST: The applicant is requesting approval to reduce the access width standard from 24 feet of pavement
to 22 feet of pavement. This adjustment is a condition of approval for a previously approved Site
Development Review (SDR2005-00001).
LOCATION: 7000 SW Varns Street; Washington County Tax Map 2S 101DA, Tax Lot 1900.
ZONE: GP: Professional Commercial/Administrative Commercial District. The GP zoning district is
designed to accommodate civic and business/professional services and compatible support
services, e.g., convenience retail and personal services, restaurants, in close proximity to residential
areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road
District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40
zoning district, are permitted in conjunction with a commercial development. Heliports, medical
centers, religious institutions and utilities are permitted conditionally. Developments in the GP
zoning district are intended to serve as a buffer between residential areas and more-intensive
commercial and industrial areas.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390,18.370 and 18.520.
DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV
COMMENTS WERE SENT: SEPTEMBER 13, 2006 COMMENTS ARE DUE: SEPTEMBER 27, 2006
❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM
❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM
O CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM
® STAFF DECISION (TENTATIVE) DATE OF DECISION. OCTOBER 12, 2006
rp-
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIE WING IN THE PLANNING DIVISION
® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT
® SITE PLAN ❑ ARCHITECTURAL PLAN ❑ IMPACT STUDY
® NARRATIVE ❑ GEOTECH REPORT ® OTHER
STAFF CONTACT: Emily Eng, Assistant Planner (503) 639-4171 Ext. 2712
AM&
CITY OF TIGARD
OREGON
September 7, 2006
Hoa Pham
Vial & Pham, LLC
7145 SW Vams St.
Tigard, OR 97223
RE: Nelson-Vial Site Development Review VAR2006-00068
Dear Mr. Pham:
The City has received all materials necessary to review your application originally submitted
on July 24, 2006 for Variance (VAR2006-00068). This adjustment requests to allow a 22
foot pavement width rather than meeting the current 24 foot standard. The formal
comment and review process will now begin and typically takes 4 weeks to complete. If you
have any questions regarding the project review, please call me at 503-718-2437.
Sincerely,
e
Cheryl Caines
Assistant Planner
cc: VAR2006-00068 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
ANIL
CITY OF TIGARD
OREGON
August 8, 2006
Hoa Pham
Vial & Pham, LLC
7145 SW Varns St.
Tigard, OR 97223
RE: Nelson-Vial Variance Review VAR2006-00068
Dear Mr. Pham:
The City has received your application on July 24, 2006 requesting a Variance
(SDR2005-00001) to the minimum required access width. Staff has completed a preliminary
review of your additional submittal materials and has determined that your application will
be complete upon receipt of the following items:
♦ Submit 5 additional copies of complete application packets. This includes plans
and all application materials that have been submitted to the City.
Submit two sets of pre-stamped, pre-addressed envelopes. Property owner list
must be produced by Patty Lunsford in the Planning Department, 503-639-4171, ext.
2438.
The formal comment and review process will now begin and typically takes 4 weeks to
complete. If you have any questions regarding the project review, please call me at 503-718-
2437.
Sincerely,
Cheryl Caines
Assistant Planner
cc: SDR2005-00001 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
PRE-APP. Y:
CITY OF TIGARD PLANNING DIVISION Y11C
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.639.4171/503.684:7297 JUG ?Op6 2 4 CITY OF TIGARD C/j"y
OREGON LAND USE PERMIT APPLICATION PtANNI l r/GAR0
Fife # 1I f~~op -ooe, o~ Other Case #
Date a4 113y® Receipt # Lao-"31:0:71 City El Urb ❑ Date Complete [ ~
TYPE OF PERMIT YOU ARE APPLYING FOR
djustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (III) 0 Sensitive Lands Review (I, II or 111) ❑ Zone Ordinance Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (II)
❑ Home Occupation (11) ❑ Subdivision (II or 111)
(Address i available)
-20 D O SGe] V0'r14-5
o2S ~ Gip I ~ _ /90~ ,
* waw LAC - o~q- 0"7/aLo'"
7 / if S S(A.) VA - -Aj S 4% - r r fta-ot~ , o r- 17 '2- 3
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Hoo- OW A M A3 7 q v v 1.25
(Attach is i more an one
Ne%Sok V;A11, LL G
7 0 0 0 Su-) voL-'rj- s S' f-- d"e y- -44 Y 9 7.2 ;2- 3
PHONE NO, FAX NO.
"When the owner and the applicant are different people, the applicant must be ~ purchaser of record or a lessee In
possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the
space provided on the back of this form or.submit a written authorization with this application.
PROPOSAL SUMMARY ease be specific)
Oq
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED. IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith; are true; and the applicants so acknowledge that any permit issued, based
on this application, map 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(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
r
I 3~
Owner's Signature Date
u
Applicant/ gent/Representative's Signature Date
Applicant/Agent/Representative's Signature Date
CITY OF TIGARD 7/24/2006
a 13125 SW Hall Blvd. 2:02:07PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200600000000003710
Date: 07/24/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2006-00068 [LANDUS] 50% Joint App Fee 100-0000-438000 262.50
VAR2006-00068 [LRPF] LR Planning Surcharge 100-0000-438050 38.50
Line Item Total: $301.00
Payments:
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check VIAL AND PHAM LLC CAC 1459 In Person 301.00
Payment Total: $301.00
VIAL AND PRAM. LLC BANK of THE WEST 1459
7145 SW VARNS STREET BEAVERTON, OR 97008
PORTLAND, OR 97223 90-78/1211
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PAY TO
ORDER OFE of 30/ ° -D b m
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cReceiptrpt MEMO z!
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AUTHORIZED SIGNATURE y
VIAL & PHAM, LLC
Construction and Development
Land Use Permit Application
Access Adjustment
(180.370.020)
Applicant: Vial & Pham, LLC
Property Location: 7000 SW Varns Street
Tax Lot: 1900
Land Use File: SDR2005-00001
Prepared By:
Vial & Pham, LLC
7145 SW Varns Street
Portland, OR 97223
Contact: Hoa Pham @ (503) 740-0125
July 11, 2006
t
7145 S.W. Varns Street 0 Portland 0 OR, 97223 • Ph: (503) 597-2425 • Fax: (503) 597-2428
VIAL & PHAM■ LLC
/iEo-n-struction and Development
Proposal:
This application is to propose keeping the existing twenty two (22) feet pavement width of the private
road that provides access to the project property. This existing access has been approved by ODOT
(Refer to SDR2005-00001 package).
Adjustment to access and egress standard (Chapter 18.370.020)
Section: 18.370.020.C.5
• The only access to the project property is through ODOT access and this has been approved by
ODOT (Refer to SDR2005-00001 package). It is not possible to share with other private
property.
• There are no other access points from another street to access the project property
• The access separation requirement can not be met with the subject property, because this
property has only one access point.
• The request to keep twenty two (22) feet pavement width will provide adequate access for this
property.
• This project property is at the end of a public road and the private access is directly connected at
180 degree angle to the public road therefore this project property meets the visual clearance
requirement under chapter 18.795.
Conclusion:
The existing pavement width measured from the wall that separate Hwy 217 and the property parking lot
entry is twenty two (22) feet and nine (9) inches. The existing pavement width has provided adequate
access for the property for many years and there has no report of a complaint concerning the access
width. To adjust the existing private road width and pavement width to meet the standard will required
moving the existing building to meet the set back standard. Moving the existing structure building
would be extremely expensive and unnecessary therefore we request keeping the existing access width
and pavement width as it. The approval of this request is fully appreciated.
2
7145 S.W. Varns Street 0 Portland 0 OF, 97223 0 Ph: (503) 597-2425 0 Fax: (503) 597-2428
" "t t q Titic Order No. 933056
Escroiv No. 01 160394
After recording return to:
Nelson Vial, LLC
7000 SW Warns
Portland, OR 97223
CERTI: tE0 TO BE A T RUE MO CORRECI Until a change is requested all tax statements
COPYOF ORI ECOROID shall be sent to the following address.
ON 'U Nelson Vial, LLC
IN/AS 7000 SW Varns
FIRST AMERICAN TITLE Portland, OR 97223
COMP
STATUTORY WARRANTY DEED
Shearer & Sons, Inc., an Oregon corporation, Grantor, conveys and wan-ants to Nelson Vial, LLC, an
Oregon limited liability company, Grantee, the following described real property free of liens and
encumbrances, accept as specifically set forth herein:
See Exhibit "A" attached hereto.
This property is free of liens and encumbrances, EXCEPT: See Exhibit "B" attached hereto.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQU RING FEE
1TTLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERNIINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFR41M IN ORS
30.930.
The true consideration for this conveyance is S 900,000.00 paid to a qualfied intermediary pursuant to
IRC Code 1031.
Dated this 21 day of September, 2001.
Shearer & Sons, Inc., an Oregon ration
BY:
J p /'dent
EXHIBIT "A" .
A. tract of land situated in Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the
City of Tigard, being a port of Lot 3, VARNS ACRES, in the City of Tigard, County of Washington and
State of Oregon, being more particularly described as follows. to-wit:
'Beginning at a 314 inch iron pipe at the Southwest corner of said Lot 3, VARNS ACRES; thence North
2°.14'20" East along the Westerly line of said Lot 3. 187.00 feet to a 5/8 inch iron rod and the true place
If-beginning; thence leaving said Westerly line, South 89011'10" East, 96.00 feet to a 518 inch Iron rod;
`thghce North 0048'50" East, 53.25 feet to a 5/8 inch iron rod; thence South 88031'10" East, 81.22 feet
.to a 5/8 inch iron rod; thence North 1021110" West; 88.47'feet to a 5/8 inch iron rod in the
Southwesterly right of way line of the Beaverton-Tigard Highway; thence Northwesterly along said
,-.Southwesterly right of way line on a spiral curve left, 308.75 feet, more or less, (chord bears North
Ai °:1'5'39" West, 308.59 feet) to the intersection of the Westerly line of said Lot 3, VARNS ACRES;
`thdnce.leaving said Southwesterly right of way line South 2014'20" West along said Westerly line of Lot
,3,VARNS ACRES, 88.78 feet to a Oregon State Highway right of way monument; thence continuing
South.:2014'20* West, 313.54 feet to the true place of beginning,
EXCEPTING THEREFROM that portion taken by the State of Oregon, by and through its Department of
Transportation by Case No. C990489CV.
Exhibit "B"
".I" Taxes for the fiscal year 2001-2002 a lien not yet payable.
2 Statutory Powers and Assessments of Unified Sewerage Agency.
`3.`_. These premises are within the boundaries of the Tualatin Valley
:Eater District and are subject to the levies and assessments thereof.
:...g Limited access provisions in favor of the State of- Oregon, by and
through its State Highway Commission as contained in Decree of
Condemnation entered in Suit No. 28-192 in the Circuit Court for
Washington County, which provides that no right of easement or right
of -access to, from or across the State Highway other than expressly
" therein provided for shall attach to the abutting property.
Maintenance Agreement, including the terms and provisions thereof,
f~ Dated December 21, 1977
Recorded December 27, 1977 in Book 1227, page 992
Between BP Development Company and West Coast Lumber Inspection
Bureau Inc.
6. An easement created by instrument, including the terms and
provisions thereof;
Recorded December 28, 1977 in Book 1228, page 295
:,Favor of Adjacent property owners
for Vehicular and pedestrian ingress and egress
:Affects Exact location not disclosed
7. Mutual Easement, including the terms and provisions thereof,
:Dated October 26, 1983
Recorded October 27, 1983 as Fee No. 83039764
Between Robert L. Bloodworth, William D. Peterson, Frank E.
Ellis and Richard H. G: Eslick, a partnership dba BPEEP
Development Company, West Coast Lumber Inspection Bureau,
Inc., an Oregon corporation and T.W.L., a co-partnership
consisting of Jay M. Woodworth, Dorothy Towne, Donald K.
Larsen and Janis M. Larsen
8' Relinquishment of Access as contained in Suit No. C990489CV in the
w Circuit Court, Washington County.
9,. Easement, including the terms and provisions thereof, as created
by Suit
Case No. : C990489CV
Favor of : State of Oregon, by and through its Department of
Transportation
Affects Easterly portion
10. An. easement created by instrument, including the terms and
provisions thereof;
Recorded October 11, 2000 as Fee No. 2000082781
:.Favor of State of Oregon, by and through its Department of
Transportation
For Drainage
Affects Easterly portion
w
w
Site Information F-
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Total site area 42535 sq. ft. Z
Total Impervious area 29055 sq. ft. z
Total landscape area, 13480 sq. ft. Q
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III -
ZS Existing Electrical Mete
KV SW - Sewer
b / EXISTING BUILDING Rrrl 238.46
SD - Storm Drain
7000 SW VARNS STREET J EL- Electrical
• - / wr - water
2e'
C - Compact Pe~
23- 11116' H - Handicap Parking
va-1111 / Q / ,~J V
Tree
/
C /
Rhododendron Sh-Lb
/
KET
FIM 235-M BEr;CH MARK
/ INDEX NO. 21 EL. 230.675 AGENCY: CITY OF TIGARD
0 0
88AT DESCRIPTION:
13RA55 D:5C 5ET IN THE CURB ON THE 5OUTHEA5T CORNER OF 5ANDBURG
i( / STREET AND 72ND AVENUE, ONE FOOT 50LTH Of t'JHEELChA'R 2AV.P.
~ \,I- POW" UPC 51TEPLAN REVOI (5117106)
SCALE: 50'
cr+f KYDP-#JJ urn scan
92E 3/4' ,