HOP1989-00017 / /iiiiitr.11)/Jt!j IIIII�G %j �� i
RESIDENTIAL
HOME OCCUPATION . CITY OF TIGA RD
NOTICE OF DECISION OREGON
This is to notify all surrounding property owners -
immediately abutting the site, that the below named •
(persons) have been approved for a Home Occupation Permit.
Business Name: Classique Eelskin File No.: 89 -17
Name of Applicant: Darla J. Gunnell
Property Address: 11155 SW Hall Blvd. # 3
Tax Map: 1S1 35DA Lot No.: 2402
Zone: R -12 RENEWAL DATE: 12/31/90
Nature of Business: 'Sales through home party plan, parties not to take place
in the applicant's home.
Notice is hereby given that the Planning Director's Designee for the City of
Tigard has APPROVED this Home Occupation.
This Home Occupation is subject to the following conditions:
1. The Home Occupation use and storage of materials and products shall not
occupy more than 25 percent of the residence gross floor area.
2. The use shall be a secondary use to the primary use of the house as a
residence.
3. There shall be not paid employees working in the home in conjunction
with the business who are not residents of the home.
4. There shall be no customers or clients coming to the residence in
conjunction with the business.
5. There shall be no signs or advertising visible from the'exterior of the
premises.
6. There shall be no outdoor storage of materials, vehicles, or products on
the premises. Indoor storage of materials or products shall not exceed
the limitations imposed by the provisions of the Building, Fire, Health,
and Housing Codes.
13125 SW HaII Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
III •
7. There shall be no noise, obnoxious odors, vibrations, glare, fumes,
electrical interference, heat (detectable to normal sensory perception
• outside the structure), traffic, and discharge of materials, gases, or
• fluids into the sanitary sewer or storm drainage systems which are in
excess of what is normally associated with residential uses.
8. The Home Occupation Permit shall be renewed annually.
9. A business tax shall be paid annually for the business.
• ' If any of the preceding conditions are not met, this Home Occupation Permit •
will be immediately invalidated.
Notice was posted at City Hall and mailed to:
XX The applicant and owners.
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
• THE DECISION SHALL BE FINAL ON MAY 26, 1989 , UNLESS AN APPEAL IS FILED.
Any party to the' decision may appeal this decision in accordance with Section
• 18.32.370 of the•Community Development Code which provides that a. written .
•• appeal must be filed with the CITY RECORDER within 10 days after notice is
given and sent.
The deadline for filing of an appeal is 4:30 PM MAY 26, 1989 .
If you have any questions, please call the City of Tigard Planning Department,
Tigard City Hall, 13125 SW Hall Blvd. PO Box 23397, Tigard, Oregon 97223,
639 -4171. •
•
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PREP D Y: Roberts, Assistant Planner DATE
A
' 44/
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Keith S. Liden, Senior Planner DATE APPROVED
bkm /HOP89- 17.BKM
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. _ 411
IC TY OF TIGARD, OREGON
HOME OCCUPATION APPLICATION
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY
•CASE NO. R1
OTHER CASE NO'S:
RECEIPT NO. j o. 7 7 ‘,3 /
APPLICATION ACCEPTED BY: /)E._ /Z._
DATE: f /-y/ 7
1. GENERAL INFORMATION Application elements submitted:
PROPERTY ADDRESS /LOCATION // /S5 5C() /1 ///, ,3 I—(A) Application form (1)
7,(�' S (JO 677a013 ✓(B) Owner's signature /written
TAX' MAP AND TAX LOT NO. 1 J/ ,31 Z4 T$ 2.- authorization APT /"A'
(C) Title transfer instrument (1)
SITE SIZE • </-9 A ✓(D) Assessor's map (1)
' ROPERTY OWNER /DEED HOLDER* C_/).7 Q.— \ u 42_ r f /4 G. -( E) Plot=llan.=( =_ copO
ADDRESS . o o j f ?BIOME t / ° 6 z_' . CE) —ApU scant _ .9=stateme
CITY I .: e r j cis L < /i f ZIP / Z_J / (1 copy)
APPLICANT* tQ/X/• /d J , (run/tP // i.--<G) List of pr rty owners and
ADDRESS 6 (,j /40 gdol fr�PHONE 6,9()_( 7 ((3 addresses wittan= 25O=feet =( - 1)
CITY 744o ( ZIP (17 (H) Filing fee ($80)
BUSINESW NAME Clei,5(5 q e, ( /5 -4'27
*When the owner and the applicant are different people,
the applicant must be the purchaser of record
or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of the owner with written ,_17/7
authorization. The owner(s) must sign this
application in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN /ZONE DESIGNATION:
2. PROPOSAL SUMMARY —/ Z
The owners 'of record of the subject property
request approval of a home occupation to N.P.O. Number: A
allow.(be spe fic)
• , , L t. #/ A, y L77 1/ Planning Director Approval Date:
lgrAlrffiLTAKCIAPAMIP-
Final Approval Date:
3. Specify whether you are using a detached Planning
b lO ing on you property and give dimensions:
/� ( / < n , E ngineering
0738P/23P
•
3. List any variance or other land use actions to be considered as part of this
application:
4. Applicants: To have a complete application you will need to submit attachments
described below:
A. One application form with signature or written authorization
B. One copy of the title transfer instrument (eg. deed)
C. One assessor's map of the property
D. One copy each of the attached question sheet and floor plan
E. One list of property owners within 250 feet of the property
F. Filing fee of $80
5. THE APPLICANT(S) SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of 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, may be revoked if it is found that any such statements are
false.
D. 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.
DATED this day of 19 •
SIGNATURES of each owner (eg. husband and wife) of the subject property.
-ter 4.),/ -e c/
•
Revised 3/15/88
(KSL:pm /0738P)
• •
TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS
AND SUBMIT TWO COPIES:
1. Will you have any paid employees who don't reside at the home?
/16
2. Will you have customers /clients coming to your residence? If so how many
per day?
/D
3. Will you have deliveries or pickups made of products or supplies to your
residence? If so, how many and what type?
No
4. What will your hours and days of operation be? s-'/ -� --�� — IL'4-" 12
5. Will the business generate any noise which can be heard outside of the
structure?
No
6. How many square feet is your residence and how many square feet will.be
devoted to the operation of your business, including storage areas?
aP'7 10 / /o£
7.' What vehicles will be associated with the business that are garaged at the
-residence? Q /`
7i9/A' 6( 0/1iCi5
8. Do you intend to store any materials, vehicles or products outdoors at the
premises in conjunction with the business?
No
9. Will you have any signs or advertising visible from the exterior of the
premises?
410
10. Please show the floor layout of your house and the area to be used for
your home occupation on the attached graph paper. Please designate those
areas which` shall be utilized 1) entirely for the home occupation and 2)
partially for the home occupation. Please designate the approximate
dimensions of the room(s) to be used for the home occupation.
(dmj /0738P)
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PHONE (503) -3186
7 i�Ce 2)eNurle. JJIVUe4 /¢ftaZtsceatd
City of Tigard Adult Living
13125 S. W. Hall B l v d . Pool, Tennis Court, Fireplaces
Tigard, Oregon 97223
11155 S.W. HALL BLVD. LEO & ZEL HARMON
TIGARD, OREGON 97223 MANAGERS
Re: Darla Gunnell _
Home Occupation Application
• This letter will certify that we the undersigned are the
Manager /Agents of The Dennis James Apartments, 11155 S. W.
Hall Blvd., Tigard, Oregon.
Oregon law state's that with an "Out of State Owner ", the
representative appointed by the owner, will "Speak for the
owner on all pertinent matters ". For your records the owner
is Dr. Hubert L. Cline, Riverside, California.
Therefore, we are aware and approve of Darla Gunnells planned
business activities that she wil be conducting out of her
apartment. In view of the fact, her apartment is next door
to ours, we quite naturally would not approve if we felt this
business venture would create any problems.
Sincerely
4 011 - eo H. Harmon
" --&-";.74---(---f-1-(-- ' -
Zel R. Harmon
Copies: Dr. H. L. Cline
Dennis James Apartments
Darla Gunnell
Dated: April 24, 1989
• •
18.142 HOME OCCUPATIONS
18.142.010 Purpose
(a) It is the purpose of this Chapter to regulate home occupations
in residential, commercial and industrial zones in a manner that
• will ensure that the use is:
(1) A secondary, lawful use to the primary residential use of
the premises upon which they are found, and
(2) Not disruptive on the residential area.
(b) The purpose of this Chapter is also to: 1) permit residents of
the community a choice in the use of their homes as a place of
livelihood and the production or supplementing of personal
income and - family income; and 2) establish criteria and
development standards for home occupations conducted in dwelling
units and accessory structures in residential, commercial, and
industrial zones.
(c) The standards contained in this Chapter are intended to assure
that home occupations will be compatible and consistent with the
. residential uses and will not have a detrimental effect on the
neighboring properties and the neighboring residents.
(d) The standards contained in this Chapter are intended to promote
the efficient use of public services and facilities by assuring
these services are provided to the residential population for
which they were planned and constructed, rather than for
commercial or industrial uses.
(e) No person shall carry on a home occupation, or permit such use
to occur on property which that person owns or is in lawful
control of, contrary to the provisions of this ordinance or
without first obtaining or insuring that there has been obtained
a permit for such use in the manner provided by this Chapter
where a permit is required.
(f) It is not the intent of this Chapter to regulate hobbies. A
home occupation is to be geared ultimately towards financial
gain.
18.142.020 Exemptions
(a) Garage sales.
(b) Sale of produce or other food products grown on the premises.
(c) Not— for — profit hobbies.
(d) Baby— sitters as defined in Section 18.42.020(a)(11) of the Code.
III — 287 Rev. 8/87
(e) Proven nonconforming uses (see Section 18.14.45 below).
18.142.030 Administration and Approval Process
(a) The applicant of a home occupation proposal shall be the
occupant of the property.
(b) For a single home occupation carried on at two or more Tigard
residences, one joint business tax application shall be required
but each business partner must apply for a separate home
occupation permit.
(c) A Pre — Application Conference with City staff is required in
accordance with Section 18.32.040.
(d) Due to possible changes in State statutes, or regional or local
policy, information given by staff to the applicant during the
Pre — Application Conference is valid for not more than 6 months.
(1) Another Pre — Application Conference is required if any
variance application is submitted 6 months after the
Pre — Application.
(2) Failure of the Director to provide any of the information
required by this Chapter shall not constitute a waiver of
the standard, criteria or requirements of the application.
(e) The Director shall approve, approve with conditions or deny any
application for a home occupation. The Director shall apply the
standards set forth in Section 18.142.050 of this Chapter when
reviewing an application for a home occupation.
(f) Notice of the Director's decision shall be given as provided by
18.32.120. The decision of the Director may be appealed in
accordance with Section 18.32.310 (a).
(g) Violation of the provisions of this Chapter constitutes a Class
I Civil Infraction and shall be enforced as provided in Section
5.04.180 of the Tigard Municipal Code.
18.142.032 Nonconforming Home Occupations
(1) Certain types of uses may be granted nonconforming status by the City:
(a) Home occupations under County authority prior to annexation to
the City which have been in continuous operation, and
(1) which have been; or
(2) would have been found to meet the County's requirements.
(b) Home occupations under City authority which have been in
continuous operation and which began operation prior to 1983.
III — 287a Rev. 8/87
•
The burden of proving a nonconforming status which preserves nonconforming
rights rests with the property owner or tenant. Such a status is further
governed by the regulations contained in Chapter 18.132. These uses may
continue until the use is expanded or altered so as to increase the level of
noncompliance with the present City Code.
18.142.035 Permit Renewal — ApplicabiliLy
(a) Home occupation permits issued under the provisions of this Code
shall expire after one year and an application for renewal of
the permit shall be filed with the City prior to the expiration
date to continue lawful operation of the home occupation
business. The permit renewal application shall be approved or
denied in accordance with the provisions set forth in Section
18.142.040 of this Code.
(b) Home occupation permits which received City approval prior to
November, 1983 but may be nonconforming as defined in Chapter
18.132 or Section 18.142.032 shall be renewed annually. The
permit renewal application shall be approved or denied in
accordance with the provisions set forth in Section 18.142.040
of this Code.
(c) Home occupation businesses which existed without a valid Home
Occupation permit prior to November, 1983 shall apply for a Home
Occupation permit under the provisions of Chapter 18.142 or
prove nonconforming status as per 18.142.032. The original
permit shall be valid for one year and shall be renewed annually
prior to the expiration date under the provisions of Section
18.142.040.
•
III — 287b Rev. 8/87
• • •
18.142.040 Expiration of Approval — Extension of Time Revocation
(a) Approval of a home occupation by the Director shall be effective
for a one —year period.
(b) The Director shall renew the permit upon:
(1) Application and payment of a fee by the applicant;
(2) Finding that:
(A) All of the conditions of approval have been satisfied;
(B) There has been no change in the original application
approved by the Director;
(C) There have been no changes in the facts or applicable
policies on which the approval was based;
(D) The applicable approval criteria in 18.142.050 are
satisfied.
(E) The applicant certifies that he /she is complying with
the conditions of approval and agrees to comply in the
future.
(c) The Director shall give notice of the renewal as provided by
18.32.120 only in the case where a real or alleged violation has
been reported to the Planning Division. The decision may be
appealed as provided by 18.32.310(a).
(d) The Director may revoke a home occupation approval if the
conditions are not satisfied as provided by the original home
occupation permit or the most recent renewal.
(e) A Home Occupation Permit shall become invalid:
(1) should the property on which the. original Home Occupation
Permit was based be sold or legally transferred to a family
member who is not a resident of the home or another party;
or
(2) if the applicant moves his residence.
18.142.050 Approval Criteria
Issuance of a Home Occupation Permit shall be allowed only for those home
occupations which can successfully meet all of the following approval
criteria, without exception.
(a) The use shall be a lawful use which shall be carried on by the
occupants of the dwellings;
(b) The Home Occupation shall be operated:
III — 288 Rev. 8/87
• i
(1 Entirely within the dwelling unit and a conforming
accessory structure. The use and storage of materials and
products shall not occupy more than 25% of the combined
residence and accessory structure gross floor area. The
total area used in the accessory building shall not exceed
500 square feet. Any accessory building that is used must
meet Uniform Building Code requirements and be in
conformance with 18.144 of the Code. Variances to the
accessory use requirements may be applied for as per
Section 18.134 of the Code.
(2) More than one home occupation shall be allowed on any one
property only if the combined floor space usage of both
home occupations do not exceed 25% of the gross floor area
of the dwelling as calculated in subsection (1) above.
(c) The use shall be a secondary use to the primary use of the
residence as a dwelling;
(d) In residential zoning districts, there shall be no exterior
indication of the home occupation; no exterior signs shall be
used; no other on —site advertising visible from the exterior
shall be used which informs the public of the use except the
address of the home occupation may be displayed;
(e) Home occupations in commercial and industrial zoning districts
may be permitted to erect a freestanding sign with a total of
eight (8) square feet in area and six (6) feet in height. Total
signage for walls shall not exceed four (4) square feet. Such
signs require a City sign permit as stipulated in Section
18.114.020 of the Code.
(f) There shall be no outdoor storage or display of materials,
vehicles or products on the premises. Indoor storage of
materials or products shall not exceed the limitations imposed
by the provisions of the Building, Fire, Health and Housing
Codes.The applicant shall be required to obtain approval from
the relevant Fire District prior to storage of any flammable or
hazardous materials on the property.
III — 288a Rev. 8/87
(g) The use shall not include any retail sales other than telephone
sales.
(h) The use shall not involve direct sales or service from the
property necessitating customer traffic to the residence.
(i) The Home Occupation shall not produce any noise or obnoxious
odors, vibrations, glare, fumes, electrical interference
(detectable to normal sensory perception outside the structure),
traffic, and discharge of materials, gases or fluids into the
sanitary sewer and storm drainage systems which are either in
excess of what is normally associated with residential uses or
which exceed the performance standards set forth in Section
18.90 of this Code;
(j) There shall be no other paid employees on the premises other
than those who are permanent residents of the dwelling;
(k) The use shall not require any additional parking other than that
which is required for the residence.
(1) There shall be no more than three deliveries per week to the
residence by suppliers.
18.142.055 Additional Requirements for a Home Occupation.
The Director may impose conditions on the approval of a Home Occupation
Permit which he finds are necessary to assure the use is compatible with
other uses in the vicinity. These conditions may include, but are not
limited to the following:
(1) Limiting the hours, days, place and manner of operation.
(2) Requiring design features which minimize environmental impacts such
as noise, vibration, air pollution, glare, odor and dust.
(3) Requiring additional setback areas, lot area or lot depth or width.
(4) Limiting the areal extent of the home occupation use and location on
the site.
(5) Designating the size, number, location and design of vehicle access
points.
(6) Requiring street right —of —way to be free of vehicles at all times.
(7) Requiring landscaping, screening, drainage and surfacing of parking
and loading areas.
(8) Limiting the extent and type of interior or exterior building
remodeling.
(9) Limiting or setting standards for the location and intensity of
outdoor lighting.
(10) Requiring berming, screening or landscaping and the establishment of
standards for their installation and maintenance.
(11) Requiring and designating the size, height, location and materials
for fences.
•
III — 289 Rev. 8/87
• r
(12) Requiring the protection and preservation of existing trees, soils,
vegetation, watercourse, habitat areas and drainage areas.
(13) Limiting the type and number of vehicles or equipment to be parked or
stored on the site.
(14) Any other limitations which the Director considers to be necessary or
desirable to make the use comply with the purposes stated in 18.142.050.
18.142.060 Approval and Compliance for a Business License
No business tax certificate will be issued for a home occupation
until the home occupation application is approved and the applicant
certifies that the home occupation will be operated in strict
compliance with the provisions of this Chapter and the conditions of
approval.
18.142.070 Time Limit and Revocation
(a) The Director may approve a home occupation application subject to a
specific time period at the termination of which there shall be a
renewal application to determine if all of the conditions and
provisions of this Chapter have been satisfied. The permit shall be
renewed if all of the conditions have been satisfied.
(b) The Director may revoke a home occupation approval if the conditions
are not satisfied as provided by the original home occupation permit
or the most recent renewal permit.
(c) Failure to pay the annual renewal fee shall result in the assessment
of additional five dollars ($5.00) processing fee if paid within
thirty (30) days after the due date; or revocation of the home
occupation permit if not paid within thirty (30) days after the due
date.
18.142.080 Application Submission Requirements
(a) An application shall be made on forms provided by the Director and
shall be accompanied by:
(1) One copy of the applicant's statement or narrative which
explains how the proposal conforms to the standards in
18.142.050.
(2) A list of names and addresses of all persons who are property
owners of record within 250 feet of the site.
(3) The required fee.-
(4) One plot plan of the property.
(5) One floor plan of all structures on the property.
(6) One title transfer instrument.
(7) One assessor's map.
(8) The application form.
(9) Property owner's signature(s) or written authorization.
III — 289a Rev. 8/87
ke/3588P
III 411 •
AFFIDAVIT OF MA
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
1, 65w,1e \Ik\k&iJrv'_' , being first duly sworn /affirm, on oath
depose and say: (Please Print)
That I am aV\
(1rsle.Q l l —L for
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING for:
That I served NOTICE OF DECISION for:
L/ City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked
Exhibit "A ") was mailed to each named persons at the address shown on the
attached list marked exhibit "B" on the LLir' day of 19 ti
said notice NOTICE OF DECISION as hereto attached, was posted one/ an
appropriate bulletin board on the I day of / I i , 1y0 ;
and deposited in the United States Mail on the 1.-- day of
19(16, postage prepaid.
O
- (VUL.OlifLet_4-ir_ 6 ,1 AA 4)-- ' \ki
Si:'- e Person who posted on Bulletin Board
(For Decision Only)
64 k7/1.2471
Person who delivered to POST OFFICE
Subscribed and sworn /affirm to before me on the day of ,
19
NOTARY PUBLIC OF OREGON
My Commission Expires:
0257P/0006P
II! HOP 89-17 CLASSIQUE EELSKIN H
:
..---
DARLA J. GUNNELL
-J1.4
11155 SW HALL BLVD #3
TIGARD, OR 97223
2401
W.B. & MARJORY HAGLUND
11075 SW HALL BLVD
TIGARD, OR 97223 •
2402 2500
HUBERT & MERRY ALICE CLINE
I 4000 14TH ST S
• - •.
RIVERSIDE, CA 92501
100
WALTER & ELIZABETH PECK •
PO BOX 23789
PORTLAND, OR 97223
200
EVELYN G. SMITH
11120 SW HALL BLVD
TIGARD, OR 97223
s
• •
• CITY OF TIGARD
CODE ENFORCEMENT ACTION REQUEST
Complainant: Patty Lunsford
Address: Tigard City Hall
Phone Number:
Date Received:
Received By:
COMPLAINT
XX Bus Tax
Nox. Veg.
Hazard
Sign
Open Storage 0 Junk
Noise
Dog (Animal)
Filling (Sensiti•- L. ds)
Other:
IIII Explanation: Non- payme' of 1991 Business- Tax.
- _ .. • . • C.A. 9U `J/
Locat Clas-ique Eel S ki o • „1
1 O 55 SW Hall Blvd.
T gard, OR
Tax Map: Tax Lot:
Action:
\ .
, \
IP
Code Officer:
• September 16, 1991
, y� i700/4111901ii
///(/ 4
' i
CITY OF TIGARD
Classique Eel Skin
11155 SW Hall Blvd. OREGON
Tigard, OR 97223
RE: TIGARD MUNICIPAL CODE #5.04 BUSINESS TAX
As a business owner in the City of Tigard you may not be aware of
the above referenced code, which was enacted by the City Council,
which says in Section 5.04.040 that "...it is unlawful for any
persons, either directly or indirectly, to engage in business
without having first paid the business tax as provided by this
Chapter." If you have a Home Occupation Permit, this will need to
be renewed on an annual basis also.
Section #5.04.050 ONE ACT CONSTITUTES DOING BUSINESS
states that "...any persons shall be deemed to be
engaging in business or engaging in nonprofit enterprise,
and thus subject to the requirements of Section 5.04.040,
when undertaking one of the following acts:
(1) Selling any goods or service;
• (2) Soliciting business or offering goods or services
for sale or hire;
(3) Acquiring or using any vehicle or any premises in
the City for business purposes."
Since you have had a business tax certificate in the past, and we
have not received word that you are no longer in business, you are
in violation of the stated code requirements above, and we would
appreciate your immediate attention in rectifying the problem. If
payment of $55.00 for the year (for 0 -10 employees), plus $10.00
late fee is not received by this office within fifteen (15) days of
the date of this letter, a Summons and Citation will be issued.
I am available to answer questions and otherwise assist you as may
be required at 639 -4171. My office hours are from 8:00 to 5:00,
Monday through Friday.
Sincerely
Don Bohn
Code Enforcement Officer
c- BusTax.mst
•
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
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