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SCE1998-00001 • ra. a CITY OF TIGARD Community(Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SIGN CODE EXCEPTION (SCE) 98-0001 Case Name(s): KNEZ SECOND FREESTANDING SIGN Name of Owner: Knez Building Materials Name of Owner: John and Jeanne Knez Name of Applicant: Same Address of Applicant: 8831 SE 137th Avenue City: Portland State: Oregon Zip: 97236 Address of Property: 8185 SW Hunziker Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 2S101 BC, Tax Lots 00100 and 00101. Request:—> AT THE AUGUST 24, 1998, PUBLIC HEARING, THE HEARINGS OFFICER APPROVED A REQUEST FOR A SIGN CODE EXCEPTION TO ALLOW A SECOND FREESTANDING SIGN ON TAX LOT 100 ALONG THE KNEZ BUILDING MATERIALS SITE'S SW HUNZIKER STREET FRONTAGE. THE SECOND FREESTANDING SIGN ON TAX LOT 100 HAS BEEN PROPOSED BECAUSE TAX LOT 101 DOES NOT HAVE STREET FRONTAGE. Zone: I-L; Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.70 and 18.114. Action: —> © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: 9 DATE OF FILING: SEPTEMBER 3, 1998 THE DECISION SHALL BE FINAL ON SEPTEMBER 23,1998,UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of$1,745 plus transcript costs, not in excess of$500. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M.ON SEPTEMBER 23,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SCE 98-0001 KNEZ SECOND FREESTANDING SIGN NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER • • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application for a sign code exception to Tigard ) FINAL ORDER Community Development Code§ 18.114.130(D)(a)(iii) to ) allow a second free-standing sign for the property at ) SCE 98-0001 8185 SW Hunziker Street in the City of Tigard, Oregon ) (Knez Sign) I. SUMMARY The applicant, Knez Building Materials,requests approval of an exception to the sign code to allow a second free-standing sign for the property at 8185 SW Hunziker Street. Hearings Officer Larry Epstein(the"hearings officer")duly noticed public hearing on August 24, 1998 to receive testimony about the application. City staff recommended approval. There was no other oral or written testimony. The hearings officer approves the sign code exception as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACIL1I IES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 17, 1998 (the "Staff Report"), and findings about public facilities in the City Staff and agency comments in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. N. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this • application on August 24, 1998. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A(Parties of Record),Exhibit B (Hearing Audio Tape), and Exhibit C(Written Testimony). These exhibits are filed at Tigard City Hall. 2. At the hearing,city planner Mark Roberts summarized the Staff Report and the applicable approval criteria. No one else appeared at the hearing. V. EVALUATION OF REQUEST City staff recommended approval of the sign code exception based on the findings in Section IV of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in Section N of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sign code exception complies with the applicable criteria and standards of the Community Development Code,provided development that occurs after this decision complies with applicable local,state, and federal laws. • • 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SCE 98-0001 (Knez Sign). DAI D,his 2nd da-. F eptember, 1998. I I 111 VIA A Or'Xi. Larry Eps in • • City of T g. : H gs Officer • • • • Hearings Officer Final Order SCE 98-0001 (Knez Sign) Page 2 • • Agenda Item: 2.3 Hearing Date: August 24. 1998 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITY OF TIGARD Community Development FOR THE CITY OF TIGARD,OREGON Shaping A Better Community 120 DAYS = 11/2/98 SECTION I: SUMMARY OF THE REQUEST FILE NAME: KNEZ SECOND FREESTANDING SIGN CASE NO: Sign Code Exception SCE 98-0001 PROPOSAL: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. APPLICANT: Knez Building Materials OWNER: Same John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATION: Light Industrial; I-L. The I-L Zoning District provides sites for light manufacturing and related services. LOCATION: 8185 SW Hunziker Street; WCTM 25101 BC, Tax Lots 00100 and 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.70 and 18.114. . SECTION II: STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer APPROVE the above request subject to the findings contained within this report. 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 1 OF 4 • • SECTION III: BACKGROUND INFORMATION Site History: - The subject properties have been designated as Light Industrial since the Comprehensive Plan was adopted in 1983. The properties are presently developed with 3 industrial buildings. Two of the 3 buildings are on Tax Lot 00100. Tax Lot 00100 was largely developed under Site Development Review (SDR) 91-0001/Sensitive Lands Review (SLR) 91-0001 which permitted a 48,800 square foot Knez Materials Warehouse building. The applicant also owns the warehouse on the adjoining Tax Lot 00101. In 1992, the applicant was issued a sign permit for a 42 square foot freestanding sign that was constructed in front of the new Knez Building Materials Warehouse. The applicant recently received Minor Modification approval to add a 7,864 square foot inventory material cover to the rear of the newer building materials storage building on Tax Lot 00100. Other than the proposed Sign Code Exception, the City has no record of any subsequent land use applications for this site. Vicinity Information: The subject properties are within a developed industrial area. The subject properties are immediately adjoined by wetlands areas to the north and east. To the west and on the south side of SW Hunziker Road, the property is adjoined by industrial uses. Site Information and Proposal Description: The applicant has requested an exception to the City's signage standards that restrict a Light Industrial use to no more than 1 freestanding sign. The applicant has requested an additional freestanding sign. The subject properties are presently developed with 3 industrial buildings on 2 parcels. The applicant has proposed a second freestanding sign along the SW Hunziker Road frontage on Tax Lot 00100. Tax Lot 00100 is a 3.98 acre parcel that contains 2 of the industrial buildings and the existing freestanding sign. The applicant also owns a 3.82 acre parcel that has no direct street frontage. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Signs: Section 18.114.130 (D)(a)(iii) states that one multi-faced, freestanding sign shall be permitted. The applicant was previously issued a sign permit for a 42 square foot freestanding sign. Because the applicant's tenants on an adjoining parcel (Tax Lot 00101 which is to the north of Tax Lot 00100) have no street frontage, the applicant has requested an exception to develop an additional freestanding sign. This would allow a total of 2 freestanding signs along the site's SW Hunziker Street frontage. The additional signage area is proposed to serve current and future tenant configurations. Sign Code Exceptions: Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the requirements of this chapter when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structure or placement of the sign in relation to other structures, the literal interpretation of this chapter would interfere with the communicative function of the sign without corresponding public benefit. The applicant provided findings related to the general 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 2 OF 4 A • • • standard that allows for the Sign Code Exception process. Section 18.114.145 reviewed below, provides the actual approval criteria that must be met in order to approve an exception to the development standards of the Sign Code. Approval Criteria for Exceptions to the Sign Code: Section 18.114.145(A) states that the Hearings Officer shall approve, approve with conditions, or deny a request for an exception to the sign code based on findings that at least one of five criteria are satisfied. 1. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Sign Code standards. The second freestanding sign has been proposed for additional site identification. The applicant has not proposed an exception to the allowable height limit. 2. A second free standing sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage. Presently, the 2 tax lots have several driveways onto SW Hunziker Road, however, the tenants on Tax Lot 00101 have limited street exposure to SW Hunziker Road. Due to environmental and development constraints, the site has no other existing street frontages nor is likely to have other street frontages in the future. 3. Up to an additional 25 percent of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of this chapter. This increase should be judged according to specific needs and circumstances that necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter. Neither the proposed nor existing freestanding signage would exceed the 20-foot maximum height limit for freestanding signage. The applicant has not requested an additional sign area or height within the applicant's narrative. For this reason, this criterion is not applicable. 4. The proposed sign is consistent with the criteria set forth in Subsection 18.114.130.G of this chapter. This section refers to additional allowable sign height and area that are found to be permissible through the original design review process for the use that is developed on the property. This criterion is not applicable because the applicant has requested an additional sign, not sign area or height in excess of the minimum that is permitted. 5. The proposed exception for a second freestanding sign on an interior lot that is zoned commercial or industrial is appropriate because all of the following apply: A. The combined height of both signs shall not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. This criteria applies because Tax Lot 00101 has no direct street frontage, as required within the general allowance for this type of exception. B. Neither sign will pose a vision clearance problem or will project into the public right-of-way. Neither sign would be located within a Clear Vision area. If approved, the new sign will be reviewed for compliance with Clear Vision standards. C. Total combined sign area for both signs shall not exceed 150 percent of what is normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. The Light Industrial Zoning District permits 70 square feet 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 3 OF 4 • • of sign copy area. If multiplied by 1.5, a maximum square footage of 105 square feet between the 2 signs is permitted. The existing sign is approximately 42 square feet. The proposed sign area would be 43 square feet. The combined signage of approximately 85 square feet would not exceed the maximum allowable area limitation. Neither sign would exceed the 20-foot height limit allowed for freestanding signs in the Light Industrial Zoning District. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings Officer shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of this chapter. As a condition of approval, the Hearings Officer may require: Removal or alteration of non-conforming signs to achieve compliance with the standards contained in this chapter. In addition to the existing freestanding monument sign, the newer Knez Building Materials Warehouse on Tax lot 00100 has a wall sign that appears to comply with maximum wall coverage standards. A directional sign is also existing near one of the driveways but was not found to be in violation of signage standards. No other signage was noted. For these reasons, it is recommended that this standard be found to be not applicable to this request. Removal or alteration of conforming signs in order to establish a consistent sign design throughout the development. A permit for the other existing freestanding sign has been issued for this site. This sign does not need to be removed because it complies with current sign code standards. Although the proposed sign and the existing sign would not match each other in terms of finish materials, both are low profile monument signs. The existing sign was originally constructed to advertise the Knez Building Materials use that occupies much of this building complex. The proposed sign is to advertise additional tenants that are not related to the Knez use. Because these signs would serve different uses on these properties, it is not apparent that having them match each other in terms of construction materials is necessary. Application for sign permits for signs erected without permits or removal of such illegal signs. No illegal signage was noted during a recent site inspection. For this reason, it is recommended that this standard be found to be met for this request. SECTION V: OTHER STAFF COMMENTS No other comments or objections have been received concerning this request. SECTION VI: AGENCY COMMENTS No other comments or objections have been received concerning this request. ,!=j7-044 QtrAV. August 17. 1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP ff August 17, 1998 APPROVED BY: Richard Bewers%. DATE Planning Manage is\curpin\sce-98-01.dec 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 4 OF 4 • • % •, ' '', -•‘^ _ ..',..,:. -L, •..'',-.,-.. ‘%-•'...'•'''',1‘1. ... • , ,\Z- ,::::':•.,•,, )-...■ ■4111,•"1 ,.._.c,,,,,,, 4 ..-„,, -.-",=". if_--:::::, --A —.-„.„...„7- ----i:-.. . ‘ . - . . . v4s„.-,.. :* ....... --- - „..„...-..: - _,.-.).-.. t_, ,L- ^"'. • L.-•.•,7 -•;•,. • =,. r ,- ' „?• . ' " - . - 4,, ... ..;.'',`,....i.„... .;.-•., - • ..,:":, ,. 4:'•- '''.' - , .- i.;, • '',, _,,,.., - rax L 0 t /0/ .' '''4"'4.''''' ,••• •...s.: --, „,•i} . ' - -'''''------•-•;;-..■!. 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CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM - VICINITY MAP ;� N PL SCE 98-0001 SUBJECT PARCEL KNEZ SECOND m 1 FREESTANDING SIGN 111111W4.41 /11111(1tik 11111111‘ . all *47 •• N ►' `� I SUBJEC PARCEL N 0 100 200 300 400 Feet ST 1•=327 feet ■ At City of Tigard Information on tNs map Is for genre)location arty and should be vented with the Development Santos LYvisiar 13125 SW Hall Blvd Tigard,OR 97223 (503)636.4171 http:f/www,d.0 gard.or.us Community Development Plot date:Jul 21, 1998;c:knagic magic01.a 6)14 6v-it- 1 Ive Biro p 1109µ'o W 5 1-w0 �0. /o� S�.covi 6 I/e424-4 K•-� �� L.4 pct I a �'i`J a5 to P e� �o �os.eI laeC4as-Q V ak L04--- !o / does ttovL ` CKP-a e_ Die 14-0 J S !a d 1OCQJ v.cco IAA t/144-.Ic G 0 ✓O✓1 gP�KS 544 0441-5, I • • Agenda Item: 2.3 Hearing Date: August 24. 1998 7:00 PM STAFF REPORT TO THE , HEARINGS OFFICER CITY I TIGARD Community Deveropment FOR THE CITY OF TIGARD,OREGON shaping!Better Community 120 DAYS = 11/2/98 SECTION I: SUMMARY OF THE REQUEST FILE NAME: KNEZ SECOND FREESTANDING SIGN CASE NO: Sign Code Exception SCE 98-0001 PROPOSAL: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. APPLICANT: Knez Building Materials OWNER: Same John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATION: Light Industrial; I-L. The I-L Zoning District provides sites for light manufacturing and related services. LOCATION: 8185 SW Hunziker Street; WCTM 2S101 BC, Tax Lots 00100 and 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.70 and 18.114. SECTION II: STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer APPROVE the above request subject to the findings contained within this report. 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 1 OF 4 • • SECTION III: BACKGROUND INFORMATION Site History: The subject properties have been designated as Light Industrial since the Comprehensive Plan was adopted in 1983. The properties are presently developed with 3 industrial buildings. Two of the 3 buildings are on Tax Lot 00100. Tax Lot 00100 was largely developed under Site Development Review (SDR) 91-0001/Sensitive Lands Review (SLR) 91-0001 which permitted a 48,800 square foot Knez Materials Warehouse building. The applicant also owns the warehouse on the adjoining Tax Lot 00101. In 1992, the applicant was issued a sign permit for a 42 square foot freestanding sign that was constructed in front of the new Knez Building Materials Warehouse. The applicant recently received Minor Modification approval to add a 7,864 square foot inventory material cover to the rear of the newer building materials storage building on Tax Lot 00100. Other than the proposed Sign Code Exception, the City has no record of any subsequent land use applications for this site. Vicinity Information: The subject properties are within a developed industrial area. The subject properties are immediately adjoined by wetlands areas to the north and east. To the west and on the south side of SW Hunziker Road, the property is adjoined by industrial uses. Site Information and Proposal Description: The applicant has requested an exception to the City's signage standards that restrict a Light Industrial use to no more than 1 freestanding sign. The applicant has requested an additional freestanding sign. The subject properties are presently developed with 3 industrial buildings on 2 parcels. The applicant has proposed a second freestanding sign along the SW Hunziker Road frontage on Tax Lot 00100. Tax Lot 00100 is a 3.98 acre parcel that contains 2 of the industrial buildings and the existing freestanding sign. The applicant also owns a 3.82 acre parcel that has no direct street frontage. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Signs: Section 18.114.130 (D)(a)(iii) states that one multi-faced, freestanding sign shall be permitted. The applicant was previously issued a sign permit for a 42 square foot freestanding sign. Because the applicant's tenants on an adjoining parcel (Tax Lot 00101 which is to the north of Tax Lot 00100) have no street frontage, the applicant has requested an exception to develop an additional freestanding sign. This would allow a total of 2 freestanding signs along the site's SW Hunziker Street frontage. The additional signage area is proposed to serve current and future tenant configurations. Sign Code Exceptions: Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the requirements of this chapter when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structure or placement of the sign in relation to other structures, the literal interpretation of this chapter would interfere with the communicative function of the sign without corresponding public benefit. The applicant provided findings related to the general 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 2 OF 4 • • standard that allows for the Sign Code Exception process. Section 18.114.145 reviewed below, provides the actual approval criteria that must be met in order to approve an exception to the development standards of the Sign Code. Approval Criteria for Exceptions to the Sign Code: Section 18.114.145(A) states that the Hearings Officer shall approve, approve with conditions, or deny a request for an exception to the sign code based on findings that at least one of five criteria are satisfied. 1. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Sign Code standards. The second freestanding sign has been proposed for additional site identification. The applicant has not proposed an exception to the allowable height limit. 2. A second free standing sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage. Presently, the 2 tax lots have several driveways onto SW Hunziker Road, however, the tenants on Tax Lot 00101 have limited street exposure to SW Hunziker Road. Due to environmental and development constraints, the site has no other existing street frontages nor is likely to have other street frontages in the future. 3. Up to an additional 25 percent of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of this chapter. This increase should be judged according to specific needs and circumstances that necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter. Neither the proposed nor existing freestanding signage would exceed the 20-foot maximum height limit for freestanding signage. The applicant has not requested an additional sign area or height within the applicant's narrative. For this reason, this criterion is not applicable. 4. The proposed sign is consistent with the criteria set forth in Subsection 18.114.130.G of this chapter. This section refers to additional allowable sign height and area that are found to be permissible through the original design review process for the use that is developed on the property. This criterion is not applicable because the applicant has requested an additional sign, not sign area or height in excess of the minimum that is permitted. 5. The proposed exception for a second freestanding sign on an interior lot that is zoned commercial or industrial is appropriate because all of the following apply: A. The combined height of both signs shall not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. This criteria applies because Tax Lot 00101 has no direct street frontage, as required within the general allowance for this type of exception. B. Neither sign will pose a vision clearance problem or will project into the public right-of-way. Neither sign would be located within a Clear Vision area. If approved, the new sign will be reviewed for compliance with Clear Vision standards. C. Total combined sign area for both signs shall not exceed 150 percent of what is normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. The Light Industrial Zoning District permits 70 square feet 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 3 OF 4 • • of sign copy area. If multiplied by 1.5, a maximum square footage of 105 square feet between the 2 signs is permitted. The existing sign is approximately 42 square feet. The proposed sign area would be 43 square feet. The combined signage of approximately 85 square feet would not exceed the maximum allowable area limitation. Neither sign would exceed the 20-foot height limit allowed for freestanding signs in the Light Industrial Zoning District. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings Officer shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of this chapter. As a condition of approval, the Hearings Officer may require: Removal or alteration of non-conforming signs to achieve compliance with the standards contained in this chapter. In addition to the existing freestanding monument sign, the newer Knez Building Materials Warehouse on Tax lot 00100 has a wall sign that appears to comply with maximum wall coverage standards. A directional sign is also existing near one of the driveways but was not found to be in violation of signage standards. No other signage was noted. For these reasons, it is recommended that this standard be found to be not applicable to this request. Removal or alteration of conforming signs in order to establish a consistent sign design throughout the development. A permit for the other existing freestanding sign has been issued for this site. This sign does not need to be removed because it complies with current sign code standards. Although the proposed sign and the existing sign would not match each other in terms of finish materials, both are low profile monument signs. The existing sign was originally constructed to advertise the Knez Building Materials use that occupies much of this building complex. The proposed sign is to advertise additional tenants that are not related to the Knez use. Because these signs would serve different uses on these properties, it is not apparent that having them match each other in terms of construction materials is necessary. Application for sign permits for signs erected without permits or removal of such illegal signs. No illegal signage was noted during a recent site inspection. For this reason, it is recommended that this standard be found to be met for this request. SECTION V: OTHER STAFF COMMENTS No other comments or objections have been received concerning this request. SECTION VI: AGENCY COMMENTS No other comments or objections have been received concerning this request. August 17. 1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP "a August 17. 1998 APPROVED BY: Richard Bewers�<�' DATE Planning Manage i s\c u r p l n\s ce-98-01.d e c 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 4 OF 4 c,'. 0 • �° a ea K F t 4 if Tax L ./ 1?' .rte ,1 .'�'r �A > � � k h: : .` ,ry .� �,j s .Y .q l '� 4 Fes . yi �f r, 'F Z f.. . .' '. `{x � ` ' 0 s+' sy x '"°'-+3 F £' f s h rS� yy d`�� S :: a ,.z s `�..�",ec X°€{r V ti z .. , g r ,-,-,.„„••,, Tenant h es+ Buildi a e, Inc v � � Taxi Z_ e t-'..-4' s ` * ` °ot7O0Ftz .� F� i r � Z itrat ' ',:741 1 f_ z A` 4 i t; , G' >1 x ,';',,,,t,';,,,,,}, 4 a.,—fi t J �i • l..}! £ ! ,War !it' y�{ Si.. �X5 SS T 3. ?Y :.p. tv Use, ewer K ���; ' � G G. q 5 ..--:::..c. ...warehouse ding Mater,-- CI Materials;',.. _ approximate Location of----- �_ f hro osed Freestanding Sign . `, �� � � I -- 4 -a { a � X ;: ,'� ',,,f7,4- :die-y s a !'rt `w .. �Aa fir/ -'t ' .,.r- p, Approximate Location of--------»> "e,/ ..°: s - ., Z � i ,rte x f#i a: Sign • Existing Freestanding > ��� F per,, , E Q ski � d w x t x. 43 a' ‘-c-'''..-'-'..-.;='^l'r F t as l�- • b / SITE PLAN CASE Knez Second Freestanding Sign EXHIBIT MAP SCE 98-0001 , " r... - CITY of TIGARD YSOORAPHIL INFORMATION SYSTEM VICINITY MAP ;�__N PL SCE 98-0001 SUBJECT °> Mlar m PARCEL / KNEZ SECOND FREESTANDING SIGN l IIII w,,,,,*Z41/ I 1111 .:`,..,\",-, #.,0. tkl'igittiihibk. IIIIIIIII */ N. 4P' r�..♦. Yi 11 ti ►' � 111 SUBJEC PARCEL N 4v I 0 100 200 300 400 Feet• lir 1 Si. 1"•327 fed A _.L jl IA, City of Tigard I 'Mama on o fhls map Is fa weal locatlon o'y and should be yelled vAth the Development SenAces DbAsla 13125 SW Bali Blvd llpard,OR 97223 (503)63 9-1171 http/Mww.d.tl pard.a.us Community Development Plot date:Jul 21, 1998;c:lmagic\magic0l.a CITY OF TIGARD Community(Deti+e[opment Shaping (Better Communit PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER,AT A MEETING ON MONDAY, AUGUST 24, 1998, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: CASE NO: SIGN CODE EXCEPTION (SCE) 98-0001 FILE TITLE: KNEZ SECOND FREESTANDING SIGN APPLICANT: Knez Building Materials OWNER: . Same John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 REQUEST: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. LOCATION: 8185 SW Hunziker Street; WTCM 25101 BC, Tax Lots 00100 and 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.70 and 18.114. ZONE: Light Industrial; I-L. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER AUGUST 3, 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT • ` LEAST SEVEN (7) DAYS AFTER THOEARING. A REQUEST THAT THE R•RD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY—FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CITY of TIGARD ■ VICINITY MAP, „ ,a N •L SCE 98-0001 SUBJECT PARCEL KNEZ SECOND ■1 -11,= / FREESTANDING SIGN ■ ptiW' e3, Ili ■ ■ III I Ill • -411, i' tr'' ■ \� SUBJEC lki PARCEL ■ A e 100 1ao aoo as ia.l S), 1 1 iki I 6A i i i City of Tigard Mv�...MImillbOati1>'ranarty.o MaOY MIM 131M OwMa OM a.Va.i P.aJa ulaswwaa A ‘. CITY OF TIGARD Community Development Shaping A Better Community PROPOSAL DESCRIPTION 120 DAYS =11/2/98 CASE NO: SIGN CODE EXCEPTION [SCSI 98-0001 FILE TITLE: KNEZ SECOND FREESTANDING SIGN APPLICANT(S): Knez Building Materials OWNER(S): Same John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 REQUEST: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. LOCATION: 8185 SW Hunziker Street; WCTM 2S101 BC, Tax Lots 00100 and 00101. ZONE: Light Industrial; I-L. The I-L Zoning District provides sites for light manufacturing services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.70 and 18.114. CIT AREA: Citywide CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: N/A STAFF DECISION DATE OF DECISION: X HEARINGS OFFICER DATE OF HEARING: 8/24/98 TIME: 1:00 PM_ PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 PM_ CITY COUNCIL DATE OF HEARING: TIME: 1:30 PM_ COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP K LANDSCAPE PLAN NARRATIVE X SITE PLAN X TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: Mark Roberts. Associate Planner (503) 639-4171 Ext. 317 SCE 98-0001 KNEZ SECOND FREESTANDING SIGN PROPOSAL • SIGN CODE EXCEPTION APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: pt.S= DATE OF PRE-APP.: Property Address/Location: 81 85 SW Hunziker Tigard, OR. " 97223 FOR STAFF USE ONLY Tax Map&Tax Lot#: 2SWBL, Tax Lots C 100 & 101 Case No.(s): E / - aoO/ Other Case No.(s): Site Size: 5. 9 3 AC. Receipt No.: 9ff— X 0 to/ 37 Property Owner/Deed Holder(s)': John & Jeanne Knez Application Accepted By Address: 8831 SE 137th AVE. Phone: 620-6142 Date: S- -9k City: Portland, OR. Zip: 97236 Date Determined To Be Complete: Applicant': " Owner " Address: Phone: Comp Plan/Zone Designation: City: Zip: When the owner and the applicant are different people, the applicant CIT Area: must be the purchaser of record or a lessee in possession with written same authorization from the owner or an agent of the owner. The owner(s) ` 'o` must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property party request a Sign Code Exception to allow(please be specific): Installation of a 49 square foot illuminated ! Application Elements Submitted: ❑ Application Form 'eeg Monument sign @ the- West edge of Tax lot 1 00 I ❑ Owner's Signature/Written Authorization U to service the tenants in building C located j ❑ Title Transfer Instrument or Deed - " 11 ! ❑ Site/Plot Plan on Tax lot 1 01 , a land locked Tax lot I (#of copies based on pre-app check list) ❑ Site/Plot Plan (reduced 8'/:"x 11-) l Ker4 directly behind Tax: lot 100; while retaining ❑ Applicant's Statement - e@� the 4 ' : high KNEZ sign in front of- Building._B (#of copies based onpre-app check list) l ❑ Filing Fee$690.00 ; Reed on Tax lot --100. - "See Attached Drawings" j • ()-i 1 . . . . • . , - . . . . - • . i . • . • ' . ' , • ' . . • , • ... ,. , .' .. , ..- " . . ,,.... • • . . .• . • . - • . , • .. . , . . . , . . . . .. . . ., • . . . • • • . :r • . . . . , . . . . , , . ..,,,■...................-■-•...-.....-........-. ....■....--,...■........0Yr■■•.-----;........•R•■■■!,■......2■...-.■.......-........... ...--.....-.................•---.-................. ..,. ..■...1.-................■•....-..-............■.........■-...........",..■.......r.-.....................-...,-.............■........i.. . 1,2\ t..■..1 . . I ft0) • . . , . . . , . . . . , . . . . . . . C]"1Y OF "I 1 GARD - RE CE.....11:cf OF PAYMEN1 RE CET PI NO. 1 9 6-3(2.JE. 1 3.; . CHECK AillOUN CREDI1 CARD : 0. 0o CHANGI::: : 0. 0',.1 NAME : CASCAOE PCOUSTICS INC CO21 AMOUNT : ta,. 0.3 , ADDRESS : PO BOX 189 PAYNEM UnlE t fat:J/29/98 1-4..114..CIT I N OR S4.11.3 0 1 V I I ON • . 9 7 12:16 2- . .. . ' PURPOSE OF PC-1 Y 1'1 E.WI tzttIOLINI P I D PU/4'0E:E. LA- PP VITIE.N*i A MIAMI Pci 1,1.,r , . . _ _ _ ..............„.........._.....,..........._ LND USE-. Ar- -'1.... . . , . . . • . • . ' • , . S CF9 8-,..lb ID la 3. 1-1,1\li:Z, 8 1 5 SW ii Li i-Ni 7..,..4WO!-("W; I I GP RD,, OR CHECK 41 0,-,i.';0;E: • • '&,.C:',:•:;■:::..i:•,•::,•. • _ ' j'•!A•;, ':,--!.. • :,,,,-:•.,,:q:::;:':,, roTi.)1_ AMC.11.4,1"r PA'I D - - - -> :.;,,r;,; ;::,. C6 CIO ..•!.f... .:;...:' • . . - . • . . • - . . • . , . . . . . . . . . , • • . • . . . . . . . . . . . • ._ _ . . . . ' . . . • •.. : . . • • . ' ' . : . • • . , . • . , • • • r.,‘ . . . . • . • •• • • . ' • _ . . • . , . • . • • May 26, 1998 Mr. John Knez Knez Building Materials 8185 SW Hunziker Rd. Tigard, OR 97223 Mr. Mark Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Roberts: We appreciate your consideration of our sign code exception. We currently have a low sign approximately 48" tall, with 12" letters and no illumination in front of our building B on tax lot 100, which simply says "KNEZ". Since we built this sign we have acquired tax lot 101 with building C behind our original facility. We currently have 2 tenants in our building C, Freedom Wholesale, Inc. and Gray Brothers for whom we would like street sign exposure along with any future tenants we may add to the park. We ask for this consideration because tax lot 101 is land locked and has no street frontage for signage. Our proposed sign meets your code requirements 18.114.145 paragraph A. 4. Please let us know if you have any questions or need additional information. Our phone number is 620-6142; our fax number is 620-2405. Sincerely, . John Knez • . 4.,•Ft.RM No. 964—Stevens-Ness Law Publishing Co., Portland,Ore. 97204 , r ' - �TA •seer ∎a.-'r •` WARRANTY DEED—STATUTORY FORM T'`1`' L'"'st:rar"e Comp '. CORPORATE GRANTOR I U. S. .NATURAL. RESOURCES, INC. a Delaware Corporation a corporation duly organized and existing under the laws of the State of Siel g•war.e Grantor, conveys and I' warrants to JOHM..S.....KNEZ SR....and:.JEANNE.:M....KNE,Z.,...husband. and wife, Grantee,' � the following described real property free of encumbrances except as specifically set forth herein situated in J Washington County, Oregon, to-wit: , COI; As described in Exhibit "A" attached Hereto and made ,a part hereof. - II •* "3. COUNTIDOCUMENTARY = 'I n_ OREGON . : TAX • O N P.9. I - _ z I 10869 - (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) • 1' The said property is free from all encumbrances except subject to the statutory powers, including the power of assessment of the Unified Sewerager Agency of Washington County; Rights of the ' public in streets, roads and highways; Easement recorded 3/19./59, Book 415, page 514; Easement recorded 12/10/71; Book 846, page 625; Easement 'recorded- 10/26/73; Book 950, 1,n gage 838; Easement recorded 9/17/75 1p44, age 495. 8--; The true consideration for this conveyance is$..1.6040.0.0...QO (Here comply with the requirements of ORS 93.030) II • H . Done-by order of the grantor's board of directors with its corporate seal affixed on March , i) , 19 78 ii U U. S. N RESOURCES,. INC. ' �� _ ��� :::: . ' I (CORPORATE SEAL /�� ��:�10 s II• MULTNOMAH I STATE OF OREGON, County of )ss:ss: March 20 ,.19 78 Personally appeared • Ri.c.ha.r.d..:II.. Ni a r.d and Michael M. Moyer I who, each being first duly sworn, did say that the former is the president and that the latter is the II ...,...s w ,.f TT S ,NATU. j,L,,--RESQUE,CE$-,._..IN,(',., a corporation, and that the seal i affixed to the foregoi:g instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf >f said corporation by authority of its board of directors; and each of them acknowledged 1 said..instrument..t.o..be its voluntary act and deed. . (OFFiczehES N) M. FRANCE Before me: /---(. /.,/ ea,..4,.2.0 ....- _. ��) l NOTARY PUBLIC — OREGON Notary Public for Oregon; My commission expires:.../Q •2i �•.& ' ii II I. My Lommlaslun _.. . it �I U. S. Natural Resources, Inc. . STATE OF OREGON I ' 'I GRANTOR I John S. Knez, Sr. & Jeanne M.GRKInip¢ County of I certify that the within instru- I GRANTEE'S ADDRESS.ZIP ' . meat was received for record on the I! After recording return to: day of , 19 i y , ,i ' .&-. Knez, Sr. • SPACE RESERVED at o'clock M.,and recorded I in book on page or as • ��� ......-.." �•�1 (1t 11tA 4 FOR j I. Ps ul 1.t;: .... 1s;5�1 146E 1J I�� file/reel number i I 1_ u%STaKK RECORDER'S USE Record of Deeds of said County. i ii - FORTLAND,r.,,G4E(taboa�'a's 4;7204 Witness my hand and seal of• I , ":4-t•-mot"+-:„-- County affixed. Ii Until a change is requested,all tax statements shall be sent to the following address: I Mr and Mrs. John S. Knez, Sr. ! ,; • 6—w i • Recording Officer -:I a a-kc-L• ,,_ . 4(:-.✓'L 97 i' G Z. . . By Deputy '; • NAME. ADDRESS. ZIP I • • EXHIBIT "A" ' Description of a tract of land located in the Northwest 4 of Section 1 ,, Township 2 South , Range 1 West , Willamette Meridian,idian, Washington County, Oregon being more particularly described as follows : • ' . Commencing at the Northwest corner of the W. W. Graham D. L.C. ; thence . . South 82° 55' 00"East 123. 00 feet to a 1" iron pipe; thence South . • . 82°28 ' 52" East 210. 75 feet to a 1" iron pipe marking the Northwest corner of that tract conveyed -to Thomas W. and' Minta Saddler in Deed Book 166 , Page 71 ; thence South 12°2400" West along the West line of said Saddler tract 560. 89 feet to the Point of Beginning; thence, from said Foint of Beginning, continuing along the West line of said Saddler' . trac.t , - South 12°24 ' 00"West 273 . 54 feet 'to a •point on .the Northerly • right of way line- of Hunziker Road, said line being thirty (30. 00) • feet , when measured at right angles to , the centerline 'of said -• • Hunziker Road; thence along. said Northerly right of way line, South .60°59' 00" East 302 . 64 feet ; . thence' North 12°24' 00" East 360. 63 : feet; thence North 77°42' 29" West 290. 00 feet to the Point of . Beginning and containing 2 . 11 acres. ' ' ' . , • . , STATE OF OREGON d`,a.— ! ' QaII\ County of Washington SS • ' I, Roger. Thomsen; Director of Records • and Elections and`Ex-Officio. Recorder of Con- veyances for said county,.do hereby=certify that the within instrument of writing,.was received and recorded in-book-of records -.. . . No. . . of said County - • . . Witness my'hand'and-seal affixed. .- ROGER THOMSSEN,r"Director of • Records- & Elections: • 14313- Q,c/ Deputy . MAR 18 312PN '78•• INDEXED ' ' - •ot • . . . • ! .r�'►, ro-� Lri.,-=- TA --rl .'Title lwa:tmco Compare► . WnfCUnxrti' 'ur;u:f)--STn'rtlrf>tty nil/ 0 JQ \. CORPORATE GRANTOR t 9 0 0 8' N. U. S. NATURAL RESOURCES, INC. , a Corporation •� duly organized and existing under the laws of the State of . . . ..._ .• Grantor, conveys and l • warrants to ...JOHN• S.: .KNEZ, .SR. .AND...JEANNE..M....KNEZ.,...h .sb.and..a.nd...wi.f e., Grantee, : • the following described real property free of encumbrances except as specifically set forth herein situated in ..Wa.shington County, Oregon; to-wit: :(% SEE EXHIBIT "A" ATTACHED HERETO AND. MADE A PART- HEREOF. . **Joint Access Agreement between U. S. Natural Resources, Inc. , a Delaware corporation and i John S. Knez, Sr. and Jeanne M. Knez, 'husband and wife. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The said property is free from all encumbrances except statutory powers, including the power of assess- ment of the Unified Sewerage Agency of Washington County; rights of the public in streets, roads and highways; sewer line easement, recorded 12/10/71 in Book 846 page 625 (affects a • portion within Hunziker Road) ; sewer line easement, recorded 10/26/73 in Book' 950 page 838; 1 slope easement, recorded. 9/17/75 in, Book 1044 page 495 (affects. So ther1.y 4 0- a n d w*s' The true consideration or this conveyance is (Here comply with the requirements or 12S .030 107-;-500:00 4 Done by order of the grantor's board of directors with its corporate seal affixed on.February.. .27.t.h • ; 19.79... . - •..U... ....NATURAL..RE/S/<OURC//ES.,...IN.C.. (CORPORATE SEAL) - By , v 0cp 4'e <_ a, "&President i By Secretary STATE OF OREGON,"County of 'Multnomah ' f )ss: Fb. uaxy. .2.7..tk> , 19 7.9 .. I - Personally appeared Donald- R, B.e.chen ' and ' who, each•being first•duly sworn, did say that the former is the Vice president and that the latter is the • l secretary of U. S. NATURAL R,SOURCES.,- INC.. - a corporation, and that the seal . ' .. • affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its bo of directors; an e ch of them acknowledged said instrument to be its voluntary act and deed. • OFFICIAL SEAL.) Before 'me: ' _•, ��-,---W Notary Public for Oregon; My commission expires- 10.729772 i , • • •WARRANTY DEED , U......5......NATUEiAL...RESQL[RCES.,..._INC..• STATE OF OREGON • GRANTOR � ss. :.KNEZ.,....J.OHN..S...,..S.R.....&...JEANNE...KGRANTEE County of T ..s:t.. AT...s 41,n ...:41.:17 :.,c#17 j.. GRANTEE'S ADDRESS.ZIP • • -e I After recording return to: c`� (� TV UREGON U DOCUMENTARY _ ['1U EER.t:r�itG:;P;E i�'i?z I :S NArEE cut Tax x w 421 S. W. STARK �- s; =7: _c, o 'S P.O.RT.L ND, OREGON 97204 o P.B. MAR-119 n I 0 8. 0 0 • • i t 6�tt I' :. 10569 , — I� Attn:.....Alta....C....Andrews ,�.....I.`�.fak.;AY.. ° NAME. ADDRESS. ZIP :f Until a change is requested,all tax statements County affixed: 1 shall be sent to the following address: Mr.....&.._Mrs-_...John...S.....Kn ez-, S-r-. 1 a185:._-S...W....1.Hunziker Recording Officer • Tigard,...-Oregon 9.7.2.2.3 • By Deputy NAME. ADDRESS. ZIP /.. .4.2— i • • . • •• • • E X F1 I B I T, " A " • . A portion of that tract conveyed to Thomas W. Saddler, et ux, by deed recorded in Book 166, page 71, Washington County Deed Records, • . .said .tract located in-the Northwest quarter of Section 1, Township 2 South, Range 1 Vest, Willamette Meridian, Washington .County, and . more particularly described' as follows: • • Beginning at an iron pipe which lies South 82° 30' East 335. 68 feet from a stone at the Northwest corner of the W.W. Graham D.L.C. No. • 39 and going thence South 12° 12' West 844.2 feet to an iron pipe on ' • the. Northerly line of a 40 foot wide public roadway; thence continuing . South 12° 12' West 21 feet to a point on centerline; thence on ' centerline. South 60° 51' East 477. 5 feet to a ;point; thence North 12° 12' East 21 feet to an iron pipe on the aforesaid Northerly line. of . • the .roadway; thence continuing North :12° 12' East •1021 feet to a stone; thence North 82°_ 30' West 458.3 feet to the true point of beginning. EXCEPTING THEREFROM the. West 290 feet an measured by a line drawn parallel with and measured at right angles to the West line of the above described tract FURTHER EXCEPTING any portion lying- within that tract conveyed to John S. Rrez, Sr. , et ux, by deed, recorded in Fee No. 78-14373, • Washington County, Records. . . • ALSO EXCEPTING those portions deeded to the City of. Tigard as a . public right of way by deeds recorded in Book 986, page 291, and in . • Book 1044, page 495, Washington County Records. STATE OF OREGON . . c SS - County of Washington • I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. ROGER THOMSSEN, Director of Records & Elections frfi) . . NDEXE1:1 • 13 PH 19 f� . • flK lingual 13l--0( R1lfl1 Jerry . OI A� LOST (C7 Clerk •.* r'r: to Cpwr�r the N ti.• that and �-.4. • Med- said WW1 (1.g4i • �r „ 1, • irector of ark lion.Ex- Doc : 96115606 Rect: 177979 1273.00 12/31/1996 02:53:45D>n • • . . • _ . _ • . . { 4 1 +♦ • • • After recording, return to: ‘t CecAnn Callahan ,1P Janus, Denccle & Harris • • . wstametotr couvlr eer 1150 Pion Tower ' � M�PTY Tommy Tar 888 SW Fifth Avenue z . . X11R0.DD /x•51'11([_. Portland, Oregon 97204-2096 10407 MI MD CITE AUSIALMARRAMIEW U.S. NATURAL RESOURCES, INC., a Delaware corporation, Grantor, conveys and specially warrants to RNEZ REALTY GROUP, LLC, an Oregon limited liability company, Grantee, the real property in the City of Tigard, Washington County, Oregon, described as Parcel I on attached Exhibit A ("Parcel I"), free of encumbrances created or b0 suffered by the Grantor except as specifically set forth in said Exhibit A (with only covenants Iof special warranty as described in ORS 93.855); TOGETHER WITH an appurtrnent easement for access and egress to and from Parcel I, which easement is described as Parcel II on attached Exhibit A (without covenants or warranty as to said easement), all subject to the terms and conditions set forth on attached ® Eslait q; x RESERVING UNTO GRANTOR (and its successors and assigns) an easement and Z 4 right of way: (1) for the maintenance, use, operation, replacement, improvement and in as removal of the existing electric transmission and/or distribution lines and such other conduits. 5. cables and wires and other mechanisms useful for the transmission of power, signals, • F' telephonic or other information, and related facilities, as may currently exist or be attached to the facilities currently on Parcel I and serving Grantor's adjacent property more particularly described on attached Exhibit B ("Grantor's Property") (provided that Grantor and Grantee shall share equally in the cost of maintaining such lines, poles and facilities to the extent such serve both Parcel I and Grantor's Property; provided that each parry shall be responsible for extraordinary damage to the extent caused or contributed to by such party); and (2) for the maintenance. use, operation, replacement, improvement and removal of the existing 8-inch sprinkler feed line, post indicator valve, sprinkler alarm control box and all other related'sprinkler system facilities serving Grantor's Property but currently existing on Parcel I. The rights reserved herein include the right of reasonable access thereto for such purposes, provided, subject to such reasonable access, Grantor's entry onto the casement area for maintenance. replacement, improvement or removal purposes shall not unreasonably interfere with Grantee's use of the casement area. To the extent the sprinkler system referenced in (2) above currently serves both Parcel I and Grantor's Property, the parties shall share equally in the cost of repair, maintenance and replacement of common elements Until a change is requested, all tax statements shall be sent to the following address: KNEZ REALTY GROUP. LLC • 8185 SW Hunziker Road Tigard, Oregon 97223 • Z. • I • • of the system and shall each bear the cost of repair, m in:ensnce and replacement of those portions solely serving its property; provided that each party shall be responsible for extraordinary damage to the extent caused or contributed to by such party. In the event Grantor permaneudy relocates any of the facilities covered by the above reservation off of Panel I, at Grantee's request, Grantor shall provide Grantee a recordable document modifying the applicable reserved easement to exclude the relocated facility. Provided further, however, with respect to the sprinkler alarm control box referenced in(2) above, that if Grantor transfers Grantor's Property to one other 1120 Grantee or an affiliate of Grantee, except for transfers by operation of law or tntutsactions with Grantor's affiliates and subsidiaries or to any entity or entities acquiring all or substantially all of the • assets of Grantor's sawmill equipment manufacturing business (Grantee, Grantee's affiliates and Grantor's permitted transferees collectively referred to as 'Third-Party Transferees'). Grantor and Grantee shall share equally in the cost of separating the sprinkler system controls and relocating Grantor's sprinkler system control box onto Grantor's Property. Grantor shall indemnify, hold harmless, and at Grantee's election, defend Grantee and Grantee's officers, shareholders, members, affiliates. employees, tenants, guests and agents for, from and against any and all claims. loss, damage, expense and liability for injury to or illness or death of any person, or injury to, loss or destruction of any property to the extent resulting from or arising out of the use by Grantor of the easement and right-of-way reserved by Grantor herein, or the conduct of Grantor or any contractor, agent. employee, invitee, tenant or permittee of Grantor, or its successors and assigns with respect to the use of the casement and right-of--way. The true consideration for this conveyance is ONE MILLION ONE HUNDRED EIGHTY THOUSAND DOLLARS ($1,180,000). 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 ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED as of the 31st day of December, 1996. GRANTOR.: U.S. NAT ' ' OURCES, INC., a Delaw expo - on By: r'! . Its: f - .C- Qt•7V r 1.1+OIsa40.1 aai- 2 3 -1 :,_. ' ' • • • STATE OF OREGON ) ) ss. County of/Ofitii#01-) This acknowledged before we on this 31 day '4. I : �,_■, 1996,by as -1.7.P7/7 of V.S. Natural a Delaware corporation, on behalf of the corporation. anew umm. Notary PubUc • n tntsa ass t My commission amp . •yr/ . • <7 "y NOl'ARTPU2L00101014 w aoccw oc+IRts acm.to IIMI • • • 1 uoi sxu.1 170111411233 3 • • interfere with Grantee's rights hereunder. Subject to Grantee's reasonable use, in the event of any conflict in use, Grantor's use shall have priority. gararalicatignbunuarausamssakaaawn. Grantee shall use the Pi9Ctstern Area only for vehicular and pedescian access and egress to and from the two .. buildings currently existing on Parcel I and only to the extent such access is not reasonably available over other portions of the Parcel I or through the property sumo Barely to the south of the Parcel I. Grantee shall be reimburse Grantor for Grantee's proportionate share of the costs incurred by Grantor in the maintenance, repair and replacement of the Easement Area (provided that Grantee shall be responsible for extraordinary damage, replacement or main- tenance to the Easement Area to the extent caused or contributed to by Grantee). Grantee shall pay Grantor Grantee's proportionate share of such costs within 30 days after delivery of a statement therefor from Grantor, which statement shall set forth rbe total of such costs and Grantee's proportionate shoe. based on the parties respective use of the Easement Area. as reasonably determined by Grantor. Grantee shall not use the Easement Area for parking or other uses, nor use any other portion of Grantor's Property. Grantee shall cause all use of the Easement Area by or for Grantee to be done lit compliance with all applicable laws, lien free, and so as not to buerrupt or disturb du use or enjoyment of Grantor's Property by Grantor or other occupants or users thereof at any time. Grantee shall not interfere with Grantor's access or use of any of Grantor's Property, or with any utilities or other services located :n the Easement Area or that otherwise serve or benefit Grantor's Property. Grantee shall restore any damage caused by or arising ow of Grantee's activities. in order to leave Grantor's Property and any and all improvements thereon or therein in at least as good condition as existed prior to such use or work. Boacraln4 urdc omjha ion by Grantor. The Easement and covenants con- tained in this Easement shall run with the land as to the property burdened and beneficed thereby and shall bind and inure to the pasties and their respective successors and assigns. This Easement shall be perpetual, provided that in the event that(i) Panel I or the property immediately to the south of PacTel ! is developed or redeveloped to a more intense use or subdivided or partitioned and the use of the Easement is materially increased, or (ii) if either or both of the two existing buildings on Parcel I are destroyed (and not rebuilt within a year) or relocated, or (iii) if Grantor desires to utilize the Easement Area for purposes inconsistent with this Easement. then, in any such event. Grantor may terminate this Easement by not less than 30.days' prior written notice to Grantee by recording a notice of termination of such Easement in the records of Washington County, Oregon. Upon recording of such notice, this Easement and all Grantee's rights hereunder shall automatically terminate. AS IS. Grantee accepts the Easement Area AS IS, WHERE IS, arid assumes all risk and liability with respect to Grantee's use thereof. As inducement for Grantor to enter this Agreement. Grantee expressly agrees that Grantor shall have absolutely no liability whatsoever to Grantee, or any other person for any damages or injury related to Grantee's use of the Easement Area or otherwise related to Grantee's exercise of its rights under this Easement, except for extraordinary damage caused or contributed to by Grantor. r�.o�sr�as.a 110t14033 Exhibit A - Page 2 of 4 5 • • Indginata• Grantee shall indemnify, hold harmless, and at Grantor's election, defend Grantor and Grantor's officers, shareholders, affiliates. employees, tenants. guests and agents for. from sal against any and all claims, loss, damage, expense and liability for injury to or illness or death of any person, or injury to, loan or desatrcdon of any property resulting from or arising out of the use or existence of the Easement granted herein. or the conduct of Grantee or any contractor, agent, employee, invitee, tenant or pc:mince of • Grantee, or its successors and assigns with respect to the use of the Ea*ment. • • • no Other Oahu Regarding Grantor's Property. By accepting this instrument, which ••• shall be conclusively deemed to have occurred upon the recording of this insuument, Grantee hereby accepts this Ea. mart and the terms hereof and declares, acknowledges and agrees that it has no right, interest or claim in or to any portion of Grantor's Prvperty excepting only (i) the casement rights expressly granted in this Earapent, and (ii) Grantee's rights pursuant to that certain Right of Fust Refusal Agreement dated this same date between the parties. SUBJECT TO (provided nothing herein shall imply any warranties as to Parcel II): • 1. Ad valorem real property taxes for the current fiscal year. 2. Regulations, including levies, liens, assessments, rights of way, and easements of Unified Sewerage Agency. • 3. An easement created by instrument, including the terms and provisions thereof, Dated February 14, 1959 Recorded March 19, 1959 Book 4I5 Page 514 In favor of Doritha Hanson • For Railroad track Location The Westerly 30 fat of subject property 4. An easement created by instrument. including the terms and provisions thereof, Dated September 3. 1971 Recorded December 10. 1971 Hook 846 • Page 625 In favor of City of Tigard For Sewer line Location The Southerly portion of the appurtenant easement area 14.ow34ts.: MS mm Exhibit A - Page 3 of 4 • • • •) IT TO SPECIAL WARRANTY DEED • Panel I: The teal property situated in the City of Tigard, Washington County, Oregon, • desertbod as: e A paso►.l of land in Section 1, Township 2 South. Range 1 West, Willamette . Meridian, in the City of Tigard, County of Washington and State of Oregon: Beginning at an iron pipe which lies South 82 930' east 335.68 fen from a stone at the Northwest corner of the W.W. Graham Donation Land Claim No. 39; and going thence South 12'12' West 844.2 feet to an iron pipe on the Northerly line of a 40 foot wide public roadway; thence continuing South 12•12' West 21 feet to a point on ctnteriinc; thence on ccaocdix South 60°SI' East 477.5 feet to a point: thence North 12'12' East 21 fen to an iron pipe on the aforesaid Northerly line of the roadway; thence contitwintg North 12'12' East 1021 feet to a stone: thence North 82°30' West 458.3 feet to the true point of beginning and being the same land conveyed to Thomas W. Saddler and Minter Saddler, husband and wife, by Deed recorded in Book 166, Page 71, Records of Washington County, Oregon. EXCEPTING THEREFROM those portions thereof conveyed to John S. Knez, Sr., et ua in Deeds recorded March 28, 1978 as Recorder's Fee No. 78-14373 and recorded March 1, 1979, as Recorder's Fee No. 79008015. Washington County Records. TOGETHER WITH an easement for access purposes as set forth in instniment recorded Match 1, 1979, Recorder's Fee No. 79008019, Washington County Records. Parcel II: An easement fcr access and egress to the two buildings currently existing on Parcel I (the "Easement") over the easterly 20 feet of Grantor's Property. lying immediately to the west of Parcel 1 above. and more specifically described on fethibit B (the "Easement Area"): Grantor's Use of Easernent_Area. Grantor reserves the right to full use and enjoy- ment of the :.mire Easement Area, including, without limitation, the right to place on or in the Easement Area, along, across and over each such Easement Area, such roads, fences, improvements, drives, landscaping, sidewalks. passageways, electric power lines, communi- cation lines, cables and conduits, water lines, sewer lines, gas lines and other facilities. structures and utilities as Grantor may desire, provided only that such shall not unreasonably tura»u.t Parmos Exhibit A - Page 1 of 4 7 • ....._..._, .. . ....raise c. i�rm,J g000,rage `Jl1V S. An eaxmeeot by instrument, ieclud rag the terms and provisions thereof, Dated August 23, 1973 Recorded : October 26, 1973 Book 950 Page : '838 In favor of City of Tigard For : Sewer purposes Location Subject ptoprtty 6. An easement created by instrument, brhiding the terms and provisions thereof, Dated : June 16, 1975 Recorded : September 17. 1975 Book : 1044 Page 495 In favor of : City of Tigard For Roadway and slope easement Location : Southerly portion of the appurtenant easement area 7. Joint Access Agreement. including terms and provisions thereof, Dated : March 16, 1978 Recorded : Match 28, 1978 Recorder's Fee No. : 78 14374 8. An casement created by intrment, including the terms and provisions thereof, Dated : March 20, 1978 Recorded March 28, 1978 Recorder's Fee No. : 78 14375 In favor of Adjacent owner For Vehicle turnatoundd area 9. Joint Access Agreement, including the terms and provisions thereof, Dated • February 27, 1979 Recorded March 1, 1979 Recorder's Fee No. : 79008019 Affects appurtenant easement area (East) 10. Agreement for Right of First Refusal, including the terms and provisions thereof, Dated March 23, 1978 Recorded Match 28, 1978 Recorder's Fee No. : 78-14376 Between U.S. Natural Resources, Inc.. a Delaware Corporation And John S. Kunz, Sr. and Jeanne M. Knee 11. Any and all matters created or suffered by or through Grantee. uoi is•u.; 17011431;13 Exhibit A • Page 4 of 4 • uv t cows c. IJrrwt.J�� nv ,,, a.....�.. ... t .... ...r..��..•c.. I r'. /. .acs • • ' I • • . • valuer 8 GRANTOR'S PROPERTY ' • That real property in the City of Tigard, Wuhinpon County, Oregon, more particularly deetrthed (to the anent currently owned by Mentor) as follows: The real property conveyed to Grantor by deed frog Edwin and Patricia Dekoning dated August 31, 1979 and recorded in the records of Washington County at Reception Number 7903585S, together with the real property conveyed to Grantor by deed host Sewn Associates dated October 10, 1984 and recorded in the records of Washington County at reception number 85000560. EXCEPTING the real property conveyed by Grantor by deed to Seaport Associates dated January 4, 1985 and recOFdrnd in the records of Washington County at Reception Number 85000562. 1,4014311.1.1 ,m,•oom Exhibit B - Page I of 1 • - • -44# ?- 1 CITY OF 11GARD July 16, 1998 OREGON John Knez Knez Building Materials 8185 SW Hunziker Road Tigard, OR 97223 Re: Notice of Complete Submittal ' Sign Code Exception (SCE) 98-0001 Dear Mr. Knez: This letter is in response to your Sign Code Exception submittal. This application has been considered complete as of 6/29/98. Staff has tentatively scheduled an August 24, 1998 Public Hearing for the review of this request. Please feel free to contact me concerning this information or if you have any other questions at (503) 639-4171 x317. Sincerely, • 77/6wA Y&e&Z-- Mark Roberts - Associate Planner, AICP .IAcurpinknarkrlsce98-01.Itr c: SCE 98-0001 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 S.W. 1/4 N.W. I/4 SECTION I T2S RIW W.M. SEE MAP 2S I IBC SEE MAP WASHINGTON COUNTY OREGON 2$ 1 188 2S 1 188 INITIAL POINT SCALE I"= 100' KNOLL ACRES RI O.L.C. No. 38 •t•' 00 GEOR 458 NAM ee0 01 45.18 580514 MA -l ARAM D.L.C. NO. 39 ' • °AA 7 ..i NORTH LINE WILLIAM / 600 �x1 500 400 r / 301 1511.MONO 1 200 101 103 u.au+° TAX IoTI u 1 .% - = A 2094. 15.1.5. =f� � aNN=N 3.BPIe. NO-*.awia., / /.07 A m00,a00,t04t,1408, 8- i y/ / �xe ANNA aw+n te8p,wo,Iwdaoo, OK Ill / P .700 2 s:� �/1BB9 C/� . • - tt N r / • i , 1+ *WED / ICSNo.l20YY1 " �� ZOO 0• •V.f., ••O`` ,, 4 Vq. I U YV m.t \ . rr / 800 �. ^� r .•T • DREENWAY w 3000 I .' - • 1 1+r.4. 3. s 83100 1 ��500 P• 77..17-_ ---- -1 CA 0 TA / 19.2 093 y •73Ae. 1 - ——— 1 I 1 %''I . t v e or. . .e I I rd 900 a .3300 ;a'L ' + •1'e . 7 i — I I •1.- 4 2 „3200 1600 1 I ` ` • I , _ INITIAL POIN ' '•-�•0 �I ,^V{ tn SEE MAP C 199••-02 a �/% I tIDARDIATL 'rl 2S I 2114 1000= e 1100 • • • 1700 .a..i• i• 13.984. 1 El /\5 .' r 1200 i '' 7JG��F�OJ�� _ o t.. A C. r r yJ I'►1 • +. =••u•. �I co >+ . 1800 =aa.l. [1104[X7_ ----- i --_T0, --_-_-, 1 E J-1 • W 1 / o ,e.eq $: 1801 *04 J 1 /.\\ �� -T�C .) ) �� 1900 1:' ?> 'ez- - [ 1 I • _ I \\4%%% •'e e / J"L ` 1 F A. 201 O,..=o ) _ ne.m r U Nn•.r n•r 3 W I r ••... >o a 4 �.� B •924q A I 1 - IIC.5.244001 1• M' I; G I- Fl S' '°... . re 111- SS�REET RI • 1 / I • 0. ..r+ 2200 (,/4/03:111.-,, 1 , . • ,.(p4• //,; 'I • I I SEE MAP .c. 11 2300 ER I 2S 1 18D ,_,,... X17 ^• + 23-74 T • 2201 2100 A R 1 Y ` 1 I FOR ASSESSMENT 1 .374. ...h A SEE MAP 2401 +o • CS.31558, o +e�:!,T �y ,°'ar I i PURPOSES ONLY 2S I 2AD • 3.51 Ac. °'28001 ` DO NOT RELY ON • • ,` spti p e se x. 2500 R�q0 o1r 1t0 = FOR ANY OTHER USE • a+4.t w .SLOG. n,�. I e r 2501 ii ';00 q Is ' la. W y . -02900+.I.o., i a .36 AC -tee ' I + 2 PARTITION • • / ,•,,.ti - AT 1990-082 U D R ° (C.5 NA 13210) / . / \- r4._ / . 2700 4. ..4' 8 . SiV / ?1 11.L3D3S 7N !NN bid • • e A AFFIDAVIT OF MAILING C O TIOARD Community Development Shaping Better Community STATE OE CYRTCgOAr ) County of Washington )ss City of-Tigard . ) I, Patricia L. Lunsforcd being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigar4 Washington County, Oregon and that I served the following: . (Check Appropriate Box(s)Below) NOTICE OF DECISION FOR: AMENDED NOTICE (File No./Name Reference) City of Tigard Planning Director NOTICE OF PUBLIC NEARING FOR: ii I AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council © NOTICE OF FINAL ORDER FOR: SCE 98-0001 - KNEZ SECOND FREESTANDING SIGN 18/24/98 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director Ell Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: (Type/Kind of Notice) FOR: r )' I (File No/Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE.OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked 3,.-i "B", on the 11 day of September 1998, - d deposited in the United States Mail on the 11 day of September 1998, postate Aiii■r./_ / '''fr 1- elligirih111111111VAI_.-41{4.1.4 l! e• oti ) Allir 3 _ '% i / �i Subscribed and sworn/affirmed b- ore me on the J day of Q.QIQ , 19 C,, OFFICIAL SEAL %/At � �� `/ r'F.; DIANE M JELDERKS ` ,; " NOTARY PUBLIC-OREGON NOTARY PUBLIC OF O' g,ON '1 COMMISSION NO.046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: g 7 • •EXHIBIT A CITY OF TIGARD Community<Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SIGN CODE EXCEPTION (SCE) 98-0001 Case Name(s): KNEZ SECOND FREESTANDING SIGN Name of Owner: Knez Building Materials Name of Owner: John and Jeanne Knez Name of Applicant: Same Address of Applicant: 8831 SE 137th Avenue City: Portland State: Oregon Zip: 97236 Address of Property: 8185 SW Hunziker Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 2S101BC, Tax Lots 00100 and 00101. Request—> AT THE AUGUST 24, 1998, PUBLIC HEARING, THE HEARINGS OFFICER APPROVED A REQUEST FOR A SIGN CODE EXCEPTION TO ALLOW A SECOND FREESTANDING SIGN ON TAX LOT 100 ALONG THE KNEZ BUILDING MATERIALS SITE'S SW HUNZIKER STREET FRONTAGE. THE SECOND FREESTANDING SIGN ON TAX LOT 100 HAS BEEN PROPOSED BECAUSE TAX LOT 101 DOES NOT HAVE STREET FRONTAGE. Zone: I-L; Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.70 and 18.114. Action: —> © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: 9 DATE OF FILING: SEPTEMBER 3, 1998 THE DECISION SHALL BE FINAL ON SEPTEMBER 23,1998,UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of$1,745 plus transcript costs, not in excess of$500. • THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M.ON SEPTEMBER 23,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SCE 98-0001 KNEZ SECOND FREESTANDING SIGN NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application for a sign code exception to Tigard ) FINAL ORDER Community Development Code § 18.114.130(D)(a)(iii) to ) allow a second free-standing sign for the property at ) SCE 98-0001 8185 SW Hunziker Street in the City of Tigard, Oregon ) (Knez Sign) I. SUMMARY The applicant, Knez Building Materials,requests approval of an exception to the sign code to allow a second free-standing sign for the property at 8185 SW Hunziker Street. Hearings Officer Larry Epstein (the"hearings officer")duly noticed public hearing on August 24, 1998 to receive testimony about the application. City staff recommended approval. There was no other oral or written testimony. The hearings officer approves the sign code exception as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES • The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 17, 1998 (the "Staff Report"), and findings about public facilities in the City Staff and agency comments in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on August 24, 1998. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A(Parties of Record),Exhibit B (Hearing Audio Tape), and Exhibit C (Written Testimony). These exhibits are filed at Tigard City Hall. 2. At the hearing,city planner Mark Roberts summarized the Staff Report and the applicable approval criteria. No one else appeared at the hearing. V. EVALUATION OF REQUEST City staff recommended approval of the sign code exception based on the findings in Section IV of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in Section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sign code exception complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local,state, and federal laws. • • 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SCE 98-0001 (Knez Sign). • DAI D,his 2nd d.,09 eptember, 1998. e 74.11A�41 Larry Eps in •ar, City of T g. I H:I'• gs Officer Hearings Officer Final Order SCE 98-0001 (Knez Sign) Page 2 • • Agenda Item: 2.3 Hearing Date: August 24, 1998 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITY OF TIGARD Community cDevelopment FOR THE CITY OF TIGARD,OREGON SfiapingA Better Community 120 DAYS = 11/2/98' SECTION I: SUMMARY OF THE REQUEST FILE NAME: KNEZ SECOND FREESTANDING SIGN CASE NO: Sign Code Exception SCE 98-0001 PROPOSAL: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. APPLICANT: Knez Building Materials OWNER: Same John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATION: Light Industrial; I-L. The I-L Zoning District provides sites for light manufacturing and related services. LOCATION: 8185 SW Hunziker Street; WCTM 25101 BC, Tax Lots 00100 and 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.70 and 18.114. SECTION II: STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer APPROVE the above request subject to the findings contained within this report. 8/24/98 HEARINGS OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 1 OF 4 • • • SECTION III: BACKGROUND INFORMATION Site History: The subject properties have been designated as Light Industrial since the Comprehensive Plan was adopted in 1983. The properties are presently developed with 3 industrial buildings. Two of the 3 buildings are on Tax Lot 00100. Tax Lot 00100 was largely developed under Site Development Review (SDR) 91-0001/Sensitive Lands Review (SLR) 91-0001 which permitted a 48,800 square foot Knez Materials Warehouse building. The applicant also owns the warehouse on the adjoining Tax Lot 00101. In 1992, the applicant was issued a sign permit for a 42 square foot freestanding sign that was constructed in front of the new Knez Building Materials Warehouse. The applicant recently received Minor Modification approval to add a 7,864 square foot inventory material cover to the rear of the newer building materials storage building on Tax Lot 00100. Other than the proposed Sign Code Exception, the City has no record of any subsequent land use applications for this site. Vicinity Information: The subject properties are within a developed industrial area. The subject properties are immediately adjoined by wetlands areas to the north and east. To the west and on the south side of SW Hunziker Road, the property is adjoined by industrial uses. Site Information and Proposal Description: The applicant has requested an exception to the City's signage standards that restrict a Light Industrial use to no more than 1 freestanding sign. The applicant has requested an additional freestanding sign. The subject properties are presently developed with 3 industrial buildings on 2 parcels. The applicant has proposed a second freestanding sign along the SW Hunziker Road frontage on Tax Lot 00100. Tax Lot 00100 is a 3.98 acre parcel that contains 2 of the industrial buildings and the existing freestanding sign. The applicant also owns a 3.82 acre parcel that has no direct street frontage. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Signs: Section 18.114.130 (D)(a)(iii) states that one multi-faced, freestanding sign shall be permitted. The applicant was previously issued a sign permit for a 42 square foot freestanding sign. Because the applicant's tenants on an adjoining parcel (Tax Lot 00101 which is to the north of Tax Lot 00100) have no street frontage, the applicant has requested an exception to develop an additional freestanding sign. This would allow a total of 2 freestanding signs along the site's SW Hunziker Street frontage. The additional signage area is proposed to serve current and future tenant configurations. Sign Code Exceptions: Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the requirements of this chapter when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structure or placement of the sign in relation to other structures, the literal interpretation of this chapter would interfere with the communicative function of the sign without corresponding public benefit. The applicant provided findings related to the general 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 2 OF 4 • • standard that allows for the Sign Code Exception process. Section 18.114.145 reviewed below, provides the actual approval criteria that must be met in order to approve an exception to the development standards of the Sign Code. Approval Criteria for Exceptions to the Sign Code: Section 18.114.145(A) states that the Hearings Officer shall approve, approve with conditions, or deny a request for an exception to the sign code based on findings that at least one of five criteria are satisfied. 1. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Sign Code standards. The second freestanding sign has been proposed for additional site identification. The applicant has not proposed an exception to the allowable height limit. 2. A second free standing sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage. Presently, the 2 tax lots have several driveways onto SW Hunziker Road, however, the tenants on Tax Lot 00101 have limited street exposure to SW Hunziker Road. Due to environmental and development constraints, the site has no other existing street frontages nor is likely to have other street frontages in the future. 3. Up to an additional 25 percent of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of this chapter. This increase should be judged according to specific needs and circumstances that necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter. Neither the proposed nor existing freestanding signage would exceed the 20-foot maximum height limit for freestanding signage. The applicant has not requested an additional sign area or height within the applicant's narrative. For this reason, this criterion is not applicable. 4. The proposed sign is consistent with the criteria set forth in Subsection 18.114.130.G of this chapter. This section refers to additional allowable sign height and area that are found to be permissible through the original design review process for the use that is developed on the property. This criterion is not applicable because the applicant has requested an additional sign, not sign area or height in excess of the minimum that is permitted. 5. The proposed exception for a second freestanding sign on an interior lot that is zoned commercial or industrial is appropriate because all of the following apply: A. The combined height of both signs shall not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. This criteria applies because Tax Lot 00101 has no direct street frontage, as required within the general allowance for this type of exception. B. Neither sign will pose a vision clearance problem or will project into the public right-of-way. Neither sign would be located within a Clear Vision area. If approved, the new sign will be reviewed for compliance with Clear Vision standards. C. Total combined sign area for both signs shall not exceed 150 percent of what is normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. The Light Industrial Zoning District permits 70 square feet 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 3 OF 4 • • of sign copy area. If multiplied by 1.5, a maximum square footage of 105 square feet between the 2 signs is permitted. The existing sign is approximately 42 square feet. The proposed sign area would be 43 square feet. The combined - signage of approximately 85 square feet would not exceed the maximum allowable area limitation. Neither sign would exceed the 20-foot height limit allowed for freestanding signs in the Light Industrial Zoning District. Section 18.114.145(B) states that in addition to the criteria in A above, the Hearings Officer shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of this chapter. As a condition of approval, the Hearings Officer may require: Removal or alteration of non-conforming signs to achieve compliance with the standards contained in this chapter. In addition to the existing freestanding monument sign, the newer Knez Building Materials Warehouse on Tax lot 00100 has a wall sign that appears to comply with maximum wall coverage standards. A directional sign is also existing near one of the driveways but was not found to be in violation of signage standards. No other signage was noted. For these reasons, it is recommended that this standard be found to be not applicable to this request. Removal or alteration of conforming signs in order to establish a consistent sign design throughout the development. A permit for the other existing freestanding sign has been issued for this site. This sign does not need to be removed because it complies with current sign code standards. Although the proposed sign and the existing sign would not match each other in terms of finish materials, both are low profile monument signs, The existing sign was originally constructed to advertise the Knez Building Materials use that occupies much of this building complex. The proposed sign is to advertise additional tenants that are not related to the Knez use. Because these signs would serve different uses on these properties, it is not apparent that having them match each other in terms of construction materials is necessary. Application for sign permits for signs erected without permits or removal of such illegal signs. No illegal signage was noted during a recent site inspection. For this reason, it is recommended that this standard be found to be met for this request. SECTION V: OTHER STAFF COMMENTS No other comments or objections have been received concerning this request. SECTION VI: AGENCY COMMENTS No other comments or objections have been received concerning this request. . :="44.4(jz August 17. 1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP August 17. 1998 APPROVED BY: Richard BewersZ DATE Planning Mana!e is\curpin\sce-98-01.dec 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 4 OF 4 • • ••' ., . '. ‘ l' ,..: .. '!L....N. '-,-.. • ' 1 ' ,....,,,, . \• 4?-4 .-, .,,,, - - -t,/,',.,,..-..,,:i ... .:::- : ,.. ,,.„. . /:.,..- , .. ..„ ,',.,,„ . ,, -,• -4.- '--- '--,. -.,- -._ . . _ ,.. .. 2,7,:.,..:- ,..-, -,,- , ,s, , ,- .-.- ..,.-,...., .., - rax Lot .101 - . • -1-'4.--.. • z -....,,L ..,, : . . .... ...:: . .,,,....... . 7.,.. , ,,-;,' '-'--411 -, . - ' ' - '' $' f;---,-.---,-.2,,....•'-' --''' '',-- -..,„5 Lai . , , , . - -•,--. (f).. . ..., „.., ,.2., --, ' ",;,."- 57 ."' -...,-,,i,„. .1 .L , 1 ''.. ..,,,....i.:;."'t- .., ..: /5. ...., ,,, e'.- - . i'l.,''4c -ri.": '- , „,e, ,,„....-'. - - 3 — ,..„. .. :, -,„ -,, , ,/ ,-i .-.... ---, ,..7./4, - ., . ...,. .. ,_ ,...-r, - ... .. :,-,/ :„. _ --, , ..,... . - - ..... ,...- .. - ;T• v 0't'''' e 4, .:' -, ;'=4 . -"-:'- ----! ,.- Z '' ' C-- k ,,,,..4,,,,,.• .i,,,,, . ---_: "- it!ir, 1 •.'f.'i t, '- Gray arothers/ ., t," e- . ' k, Vrr., '',,- ' „,,,' .....,/,--e :1 : r'- -;4'' r e e d 1/Vholesale, Inc - i .. , 1' ."- '''-•.," ......i 1.1t .z...,,,,,,,Tenant Building Tax Lot 100 .:4-'t rr- .' 74",:i47 fAtt ....1 ... .),-..,j.,;.. --_-,:e-ztzr, '"c„,41.*:0..ft....- ,.'.2%1" 17:.%• ,:c-,:ii114. .- P-.4 .3 ,;.:. , ,, -... ;: ., '' •--'. :•,.,.,,« .-. 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'3?- 4, ,..,i -47-tit ,* --L,414•41z,11 oximate L Freestanding ''' ...4,;.''-‘,.„, . ..,,:`,-/‘,.,, , 4- 4;•'".t* -4.. t„ 4-'• 'if-,i'l! rf::?' --!; a'iWy,s-Iiig PP r- od Frees _ r• ,-- _ i.,-21:51z, ..?„.....:2'f, ' .:, ........4..*=1,*p ,'- (74,- '* .. %67, .-:- " .,, ir-%,A1:,,,,,,,.-4 roP°s-- / 1,',, '-- »? -,k'-:.4.4.9:15: , -66;,,,::' '- '.%.' * .. ..i .i.„,,i;:,, .,1 r,,,■,.,,,, , *: . .. ,- ,,, of..-77„, .4,,-, , :',:.-'!.-- AigA:11.7.-J:--,.-,' ,:;•:4'. 0 z.=6. -N,),•:- ' /Location o ,..,,,,:::-, -,-..,:....„ ,,-;1,f;:a'''.*• ,?..;,V .4.1,'• p -. .4 XI., 4 f,, Loc- Sign , :**3....,,, t .7, :1M'.....'.•;.•-..f-:',',..7-.,-,.,' tk..,V,,f.f.,,--, k "' Approximate Freestanding - '..".:' --7,-;:Z f111,:i.,-:--i,::,, ,,N‘,.." -,...!API3r,. a Freeeta --,' -, ,,,-,,...7,4„..,..--;„„-,:s,,,-•, . ..,..-41,1,,,, .... .., -f..---,- ' .. Existino ., . :‘,, „: - „.. 1 .- %. * '.,..,'"•,-..,„ .'•--.,....s.._.,-,, ,,,,,.... , - ,, „ - , s..,„9 ;i,'", ,7„,..L;;'-.:,,lis;'; v. -- A '- -. ''. . --* ,..:- .....,. , -,--1„c..8,'--;•:-- • , -- --,. % -t.rAT.Itiy „ ' 4.--..„. --':.„- ..•. •. '..- -k,. „ ,„- - ,,,....-......../ -, .5.. -• -_.,-- , f ',.... _ .. -1,..,,, ,, ,,--,,--: -4.-r--- .-- . ..„ :-y-- "1/4-- ,,,1 - , il t•-/,:;,-- ,(.. --...,-,4, --, / •1,-.• ,..,;/--,',....-4--- AP - 44, - .„,., - ,., -.e>.•-• ,e _ - .‘• / , , ,:. ,- ,„: ,,, ..,..f. CASE ding Sign d Knez Second Freestanding SITE PLAN ; SCE 98-0001 1BIT EXH MAP _''' CITY of TIGARD ■ GEOGRAPHIC INFORMATION SYSTEM - VICINITY MAP ;� N PL SCE 98-0001 SUBJECT PARCEL KNEZ SECOND m 1 FREESTANDING SIGN 111111*4 w 110.4t. WS ‘■ * � \\ ti tizi��R 11° \ ii '' `\ i SUBJEC 1 Ifis PARCEL • N �(� 0 100 200 300 400 Feet • V 1"..327 feet A City of Tigard Information on this map Is fa penal locatlan ails and should be trailed with the Development SenAces O 4slor 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http l/www.d.0 prd.Gr.us Community Development Plot date:Jul 21, 1998;c:MagicUnaglc01.a NOTICE OF FINAL ORDER BY THE HE INGS OFFICER PAGE 1 OF 1 EXHIBIT B SCE 98-0001/KNEZ.SECOND FREEST SIGN • 1111 JOHN AND JEANNE KNEZ 8831 SE 137TH AVENUE PORTLAND OR 97236 • COMMUNITY NEWSPAPERS, INC. Legal . . • P.O. BOX 370 PHONE(503)684-0360 Notice TT 9 2 0 4 BEAVERTON,OREGON 97075 : Legal Notice Advertising '_:`}` • • ❑ Tearsheet Notice iaV8tu11,.1cr.;t't'.;$h't,'1 °g•ii.Z�ga d+'Y,u11$i:., ..�.:-�t5a4"��,'';'t :..t`•:'':ii D` Mon- City of Tigard The following•will be considered by the;Tigard Hearings Officer on'Mon- y day; u uie-24 `1998;1at`7 P.M`�at'Ti ard'Civic Center- Town`Ha11,3 •13125 SW Hall Blvd. • ❑ Duplicate Affidavi 13125 S gW,Hall•Boulevard,Tigard,Oregon:Both public,oral and written . Tigard,Oregon 97223 ''testirimony'is invited:The'public hearing onl•this�matter-'will'be conducted'-' • • in accordance with the rules of Chapter 18 itbi' i,Tigard•Municipal., - ' - -- - - - --- - - -- .,Cod-'%•and,rules.and procedures of'the Iearings'•fficer}ailuie to'talk an Accounts Payable . hearings...' issu=, n.. erson;or?.b letter accom anied b .`statements or evidence suf: • 10 a ear i P arid s Y.. cient to,.allow;[lie•hearings authority and aliparties to respond precludes AFFIDAVIT OF PUBLICATION an appeal;-and"failure to,specify'th ';crit'erion-from^the Communit I pevelopmentCgode or,Comprehensive;;P-lani'at,which a comment'is, STATE OF OREGON, ) tdirected'precludes'an'�appeal based.on'that'i riterionA urther information I COUNTY OF WASHINGTON, ) ma be"obtained=from the Plannin Division"at+ Y . . w g', ,131.25 SW.Ha�l� 1, Kathy Snyder Boulevard,Tigard;:Oregon 97223;or by calling�(503);639-,4171. • 4, being first duly sworn, depose and say that I am the Advertising PUBLICIFHEARING; ; i;u'', _ ,:''; ;; ; Director, or his principal clerk, of thet, gard—Ti,a 1 at i n Times f SIGN CODE EXCEPTION NDIN 9 SIGN. t'. C':.ii >KNEZ SECOND FREESTANDING SIGN: a newspaper of general circulation as defined in ORS 193.010 {•' g ,A re uest,for„a-Si n Code,Exce tenon t i allow a second freestandin sm n and 193.020; published at Tigard in the 9 g .'. P.,_.:r...�, .. :..�.,; 8,,_�g. aforesaid county and state; that the 1"alongeibtsitersSSW`�Hi nziker Street fr`.oriaage:';L30CATION 5-8485'SW. Sign Code—KNEZ FreeStand i nq Hunziker Street;WCTIv12S1`O1BC;Taz Lots':00100'and OOIOIa ZONE:i '44Lighvandustrial;71. AP-.PLICt1,BLE,REYIEWA.CRITERIA:".Com- a printed copy of which is hereto annexed, was published in the . iiiiunity,•Developineric• d7 p )xh ' ti .� `"�o esCha fers�1' '32;'18'�7,0`�y n•x18:1 L4 '' 's�^�'�'�•� , .1:. i 'jFir,. :Y,+,Q�.i:� nP�i �7r- y f'L f :F'`'4:?:..�"�.:'n t :t�0 ".Cf�„ t`fr.;`••1:, el 'fr•�h+?";nett'% a,. tMlt, k �r,i:;' ,.t entire issue of said newspaper for ONE successive and 1I ^ `'�,° , k ; 01ikM �- 0 • i '�� ' y:' w • ,consecutive in the following issues: i f 4i i "''a•"__ l.Jjf. Y °' w�;;r.}h<: -• .. •:. 'y i.-J .4..::'r: yr r, yMl, .-A='2"^ 4tel Ill�.. . y:.,`y,•:Ir .. r .. .:4.._.,r,w:C tiN .4�fit';`' `_, F°��i'�fa 4 � August-s t 1 , 1 9 9 f3 ',(r:;�, : r'..4.1 '. ` ,1 - :44 ,"0 1',, '•''';�":,•, '4;'';,,fit ,"4°I .' ai' €,SUBJECT ?. '=• '' :' , I j g °�;rr+ ; .?s:;;y::r;::p`�;;y,, r .4,•��t ,,,�yr",�� fPnnCEI'.� � } • t ' 'i:JY. '. 4ir '"" .#, '?, ��� w'r'" 4�• 4' r �,*„?i,± I, aC '` '; .. I,; . t \. , 7.t'..l'WCiftfj( k J ,' . 1 .. .,t• .;t5.,�. •t1.O''' :fir.,' A• `' F d t .�f, r'1�. •.� Subscribed and sworn to fo me thisl3th da cf A».gnst 199ti ' rx " • ..w'1,.:•,;�4> �.,. ' `•+ti.�,•'f,. �``' ' Y � u-'^3 :,,�''-' � .n�.:a.�•! \ �4> ,:,..,4,1.:�A�.y'.;yii'..:tr i.•F6,:t� ';;+%ri�,1 N \. �' L',,.�:,r.`�A 07j^1IC: .�j 5.4. V.!L,t,,n�'VSi..-,,,;�• `/t . r 4� W. ., ��''.',{�•yl�Y f'r' \ . t'Y i,C fl.. -..YJ {j,'.ly�.�+ . bra. J .'` '' ` '� \ s \ Nota u lic for Oregon s.;,;c. •' ..� >� ,- sr: r� \\ +'''" h r ..>r,' ,,,^;:.r•1• f... i- Y eL r,:4Xt 't;N ... ti. .:.\, \ .4 ,i t r'"a ',,,,,,t,1,-,'"":,� 1 My Commission Expires: ''y`4;10,4-,`,-.•47,-? '` i fir'+ , - " -`' ,.- "' "` �. ' „ �.: .' ,<, �..,, Tf.Rr'•�n... '•y' rl 'Atli q�\ ;_ f tv.} ty.� �.�,Yi, n AFFIDAVIT - ,,ga;X '4Nr's..y „ . .,:;.;k� t>., /> f ; > ' l , rfkcYe'i7 �4�,t.^C rg�%..�.. ;.,{:?'4'}.' �?�r''E?�;',yj ' j ',a ';tr/�I.,.�iY1�. ���,'+.�o•�;;\l- i a• ;1`��yf�,,�:;�,:''+ ;,ti'Il .��,'(ry'F,er,.F•,,,,,q”,, .t.kµ ,,y ,s tJ\":11 ��'-,k,y.fig. .'.•Y ..fl ,'vA• :y:,•i�y.,, 'y.r t ;-l/.-.. ). .ri' , '•G,3F. TT•9204`-Publish August 13,1998.: _ •..•:i , •-:1.'.- 1 • ,, AFFIDAVIT UI MAILING CITYYC TIOARD Community(Development . Shaping(Better Community STATE OF OP ECON ) County ofWashington )ss City of Tigard ) • I, (Patricia L. Lunsfnrd being first duly swom/affirm, on oath depose and say that I am an Administrative Specialist II for the City of?rgar4 Washington County, Oregon and that I served the following: Pock'COMMA,eNu e,w) ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (Re NofName Reference) • • ❑ City of Tigard Planning Director fl NOTICE OF PUBLIC HEARING FOR: S CF F .'I 'l i. _Li /, i I r)„1 /4i? ❑ AMENDED NOTICE (Re • .. " ) peed Public Heating) O City of Tigard Planning Director tia/ Tigard Hearings Officer O Tigard Planning Commission O Tigard City Council ❑ NOTICE OF FINAL ORDER FOR: d I ❑ AMENDED NOTICE (Re NaiNarne Ref re,ce) (pate d Public F kanrg) ❑ City of Tigard Planning Director O Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF. FOR: I (TYPeiXX d Notice) (Pe NoJNeme Reference) (pate d Public bearing,rt a ewer h A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/0111E NOTICEISI of which is attached, marked Ed= I", was =lied to each amed p- on(s) at the address(s) shown on the attached list(s), marked EOM :"�xi the _ %day of ,,..% 4 i 1998, and deposited in the United States Mail on the _ day of I'.._ - =` /_ 1998,postage prepaid. Ailifif ( , . .ffid ._ iinr■ J /�.0.C___- (Person that - -pared Notice rt Subscribed and sworn/affirmed before m on the 3 day of Z�Q , 19/. C�,� OFFICIAL SEAL : .5. DIANE M JELDERKS aa/rkk/ 11,,g/L....._- ,;,'� COMMISSION PUBLIC-OREGON NO.Oa6 Oat 6 MY COMMISSION EXPIRES SEPTEMBER 07,199P NOTARY PUBLIC OF 0, !0 �__. My Croton Expires: ql 7/7! • EXHIBIT A CITY OF TIGARD Community Deve[opment Shaping Better Communit. • PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, AUGUST 24, 1998, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: CASE NO: SIGN CODE EXCEPTION (SCE) 98-0001 FILE TITLE: KNEZ SECOND FREESTANDING SIGN APPLICANT: Knez Building Materials OWNER: . Same John and Jeanne Knez 8831 SE 137th Avenue. Portland, OR 97236 REQUEST: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. LOCATION: 8185 SW Hunziker Street; WTCM 2S101 BC, Tax Lots 00100 and 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.70 and 18.114. ZONE: Light Industrial; I-L. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.- ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER AUGUST 3, 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER TH'EARING. A REQUEST THAT THE R' RD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY RING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25' ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CITY of TIGARD • eeoefw•nIc In rof•wliee e.tff+ VICINITY MAP OW ;. N PL SCE 98-0001 SUBJECT PARCEL k KNEZ SECOND o m / FREESTANDING SIGN Nil 1 . MOW .,\..,. ,, ,. I 1 gr*/ t** I VII► 1400, �lisuBJEc 1 e' \� , / PARCEL tart N a 1ao xoo xo .ao `ST ltimhfl �Il City of Tigeld MvmflmmXf nvphbpmrfl hcYm ary W Mleb=.Meg M dMlgmwf B�Jen O.Me- 1NTe BW NY fIM Tye,tM erm Ilik QOS)a.111 tap i...abo.emu . 7 PC. /0-1 / EXHIBIT B : 2S101 BB-01400 25101 BC-00100 SPIEKER PROPERTIES LP KNEZ JOHN S SR&JEANNE M PO BOX 5909 8185 SW HUNZIKER RD PORTLAND,OR 97228 TIGARD,OR 97223 2S101 BC-00101 25101 BC-00103 KNEZ REALTY GROUP LLC WETLANDS CONSERVANCY INC THE 8185 SW HUNZIKER RD PO BOX 1195 TIGARD,OR 97223 TUALATIN,OR 97062 2S101 BC-00200 25101 BC-00201 US NATURAL RESOURCES INC WESTEC AMERICA INC 8185 SW HUNZIKER RD 8255 SW HUNZIKER TIGARD,OR 97223 TIGARD,OR 97223 2S101 BC-00301 25101 BC-02100 CRAIG WARREN C AND ANNE M ANNAND JOHN D II&EDNA N 12360 SW KNOLL DRIVE 8260 SW HUNZIKER RD TIGARD,OR 97223 TIGARD,OR 97223 2S101BC-02201 2S101BC-02500 ROACH MICHAEL A AND PAMELA S SMITH GERIG WESTERN PROPERTIES L 956 WEST POINT RD PO BOX 930 LAKE OSWEGO,OR 97034 WILSONVILLE,OR 97070 2S101BC-02501 2S101BC-02800 PALMER G LEWIS COMPANY SEVERSON JAMES A&ROBIN 0 PO BOX 1041 29404 SW HEATER RD CHESTERFIELD,MO 63006 SHERWOOD,OR 97140 2S101BD-00104 2S101BD-00200 EAST SIDE VAN AND STORAGE KLOKKE CORPORATION 4836 SE POWELL 4800 SW MACADAM AVE STE 120 PORTLAND,OR 97206 PORTLAND,OR 97201 2S101BD-00300 2S101BD-00301 LOSLI E HOWARD TRUSTEE AND LOSLI E HOWARD TRUSTEE ET AL 208 E WOODLAWN RD#200 4836 SE POWELL BLVD CHARLOTTE,NC 28217 PORTLAND,OR 97206 5101BD-003! TI ' :D OF KNEZ JOHN & JEANNE 1312 - • L 8831 SE 137TH AVENUE TI •RD,OR 97223 PORTLAND OR 97236 503 639 9654 P.02 KNt4 BLDG- TLS- 1ti 10-.3. u N f'WY-1 - .flCOR'f11Le tNS dtheca8 '�,. i'll stir► in and l c said Pre rt.1 and he>Si�ile u se dl nsfons and location aloe 1 This MaD tS made sots varia Lions-► t assumes no liability / MAP NQ. ' - - 25 R►w w.ra. Sex MAP GTtON t T aS 1 tee _ 1/4 N.W.!!4 SE r( OPCGON ,..w 5 W. COON _ .:�.-- 41G�1%N t•6 �'a Vas Y.4y. +* S4 - "`'. K_ 7!` i 04QM J N+M 4•V Lay w iEi� YpR6t.4. MA4TM N4G Mltit�'Y ; ��.0 ; 1 s.?1i� rw . -': -; ale.A1- - 0 / !' 11-1--.\...?.‘tt; two cif•■* g» 1 / e; 9� _twat•fl 1,a .i ....- ."1 1.•KNOLL. .Ir Al _ + i•i. •• 4. •.41,41, . A„ joixt — -1' d 1\2 3200 . i 8,-.; ...--: $ \'i,i a ` 4 ( d y = goo I cc, = !. .riGAR9/A 2 .... .._.___,_,...-., \ i ! r ' tow Saar 1'i -t Z...0,-- "' _ . i 1C x s•,soo� i L t ii 16 a R ► ti. :} _ ••.o ter #} ► • ► 2 G Ra ..a. 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SITE PLAN CASE Knez Second Freestanding Sign EXHIBIT MAP SCE 98-0001 • Ilool■ CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP :RDEN PL \ SCE 98-0001 SUBJECT PARCEL 0 i KNEZ SECOND / I FREESTANDING SIGN • c?2' .114101111/////r limip, 44 PAII \ If*** . .� Hit, It, 2 STS � �`�` ti ,• Akile � i • PARSUBJEC CL E • N 1 Vir 0 100 200 300 400 Feet ST 1"=327 feet A r: A1 City of Tigard Information on this map Is for general locaSan thy and N should be veriAed with the Development Seces Divisl or 73125 SW Hell Blvd M Tigard,OR 97223 (503)639.4171 http:dwww.d.tigard.cr us Community Development Plot date:Jul 21, 1998;c:\magic\magic0l.a y, I CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM I'\------- , „ ,, ., ,, ', ,,,',,: .''''r•I, ::!!:I'I'I';''''' '''''''''' \ — AREA NOTIFIED IIISUBJECT PARCEL rSCE 98-0001 GARDEN PL KNEZ SECOND SIGN rss IB00 Bo > 2, ..,..:,,.,,,,„,:::::.;:‘,•,,i.;.,,,,,,.,.„.....,,,,,,,,,,,,,,, ,:::::,„„.:„:"..::,.:::,,,,;,:.,•:,,,,,..,„,,,,,...:.;;;:::y„...,:::,:,,,:.....,,,,,,,•,...,,..,.:., ii:::,:.....:•:,,,,:•::::„..,,,,,:.,,,,::,...r.,,,,,,,,,:::, , 1 >///' :„:„.„,....?.; ......„:„.....„,,,,„,..,,,,,:..::„.., ,„ : ,...,:,.:„ , ;,..,.:•••,: ,, .. •,.•„ ;,.• .2.,,.,....„.•,.:•,..,.,,:...,,,,,,,.„,,,„:::::„.,,,•:.,,,,,.„,„,,,,,,,,,,„.,....„.: , . . .,,,,,,..,,,:‘,:,,‘, ,,,,, ,,, • iiiiiiii.44 2$11800301 410 1,11>.\\\" ,.:--. ...: .:.-',‘„,... •��y B00103• W*** ..,. .. , , . . .. r . . . .. , .. . . „ ....-_, .... ••, ..... .,. , , , . . ... • •, , .... ...:. .... . , . .. . , .... . S I �� .18D00301 ,000201 1018. 51078D.r<r2, I .,,,, 2- 018000104 i. /113:.:C.02' 8002201 1018D0000 0 - 00': \ l 0BD00300. I • • S I2S1O1BO2 r0 \ N 23101 660280 • 0 100 200 300 400 500 Feet sT 1"=361 feet ?'2S1018CO2601 :-' ', F -t City of Tigard SUBJECT PARCEL \ Infor mationon this map Isfa general locatim only and J should be verified with the Development Services Di isles 13125 SW Hell Blvd llgard,OR 97223 (503)639-4171 \ http:/Avww.d.tl gerd.a.us Community Development Plot date:Jul 20, 1998;c:\magic\magic01.a