VAR20-85 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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•ti` V 20-85A
William G. Davidson ° .
12860 SW Pacific Hwy. See file SDR17-85
Si 2RD 1601 & 1700 a M
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AFFIDAVIT OF MAILING
. STATE OF OREGON , )
County of Washington ) ss.
City of Tigard )
.•. I, `'d , S f 0 1., being first duly sworn, on oath depose
and say: iPlease Print)
That I any a
64- ,.Z __�____,_ for
The City of Tigard, Oregon.
That I served notice of Final Decision
for City of Tigard Planning Director
of which the attached is a opy (Marked E hibit A) upon each of the following
named persons on the __: day of - r 198 6 , by mailing to
each of them at the address shown on the attached 'list (MiY4rked Exhibit B),
said notice as hereto .ttached, by posting on an appropriate bulletin board on
the /4 day of °' j- ,,. /,j.. ' , 19g6.; and deposited in the United
<-, States Mai on the __/__ - day of 1986-
98 , postage
prepaid.
Sign ure gar.
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P r. n who podr pod- on Bullet. :oared
,‘ ot,WOMUCtip.in ' . 0,5t4A.r, 1 2.1a.,,,ty‘; .
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', '` ,. °. td, . ,°°°,/, Person who d .i jered to POST OFFICE
k'RA ,Suisc` iV “And sworn to before me on the _ f..day of '-- hvexj . 198 ,
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CITY OF TIGARD
-' NOTICE OF DECISION
_ , VARIANCE V 20-85
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• ,APPLICATION: Request by William G. Davidson for a variance to delete a
': portion of a public sidewalk in conjunction with the development of a car wash , •
, am', maintenance facility on property zoned C-G (Commercial General) and .:1
Icicated and 12860 SW Pacific Highway (WCTM 2S1 2BD T.L. 1601 and 1700)
, DECISION: Notice is hereby given that the Planning Director for the City of
Tigarj--has DENIED the above described application. The findings and i •
conclusions on which the Director based his decision are as noted below.
All
A. FINDING OF FACT
1. Background
. . Site Development Review approval (SDR 17-85) was granted in
.,, December, 1985 for the development of a car wash and maintenance -
facility. The Variance to the City's half street improvement
. _ requirement for sidewalk was brought before City Council and staff ,
- . was directed to issue a decision regarding the Variance. ,
2. Vicinity Information .
The properties to the northeast and southwest along Pacific are I
also zoned C-G and are devoted to commercial uses. Parcels to the I '
''. south are zoned R-12 (Residential, 12 units/acre) and are
developed with apartments and a church. The property is located
'.. to the east at the end of Walnut Place is developed with r. ,
apartments and is zoned R-25 (Residential, 25 units/acre) . i .
Walnut Place is a public street which abuts the subject property -
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- and also provides access for all the parcels in the immediate
vicinity. This street is presently developed with pavement and
, curbs, but no sidewalks. f-
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- 3. Site Information and Proposal Description i.
-s' The rear section (Walnut Place side) of trie. property is i
undeveloped except for a small recycling building operated by the i
Lion's Club. The portion near the Walnut Place/Pacific Highway ,
intersection is occupied by a self-service car wash. 1
The applicant proposes to remove the existing car wash and 1
, , construct a etew, six stall, self-service car wash in the rear (
portion of the property. An automotive service facility (Oil Can t
. Henry's) is proposed for the existing car wash site. Access will 1,
be provided by the existing driveway on Pacific Highway which
serves Davidson's restaurant and four driveways on Walnut Place. I
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- , X NOTICE OF DECISION - V 20-85 - PAGE 1 . I
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The applicant is requesting a variance to allow the installation
of a public sidewalk only along the western property frontage and
not the south side of the parcel,
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4. Agency and NPO Comments
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Th Engineering Division is opposed to the variance primarily
- because of the apartment units at the end of Walnut Place and the
lack of any sidewalks at the present time.
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. , The Building Inspection Division has no objection to the request. -.
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NPO #1 recommends denial of the variance.
B. ANALYSIS AND CONCLUSION
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Section 18.134.050 of the Code requires the following approval criteria
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for variance proposals:
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1, The proposed variance will not be materially detrimental to ....
the purposes of this Code, be in conflict with the policies
of the Comprehensive Plan, to any other applicable policies
and standards; and to other properties in the same zoning
district or vicinity;
2. There are special circumstanceo that exist which are
•• peculiar to the lot size or shlpe, topography or other
,
' J circumstances over which the applicant has no control, and
which are not applicable to other properties in the same
zoning district;
, e 3. The use proposed will be the same as permitted under this
Code and City standards will be maintained to the greatest
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extent that is reasonable possible, while permitting some
economic use of the land;
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, 4. Existing physical and natural systems, such as but not
limited to traffic, drainage, dramatic land forms or parks
will not be adversely affected any more than would occur if
the development were located as specified in the Code; and ,
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5. The hardship is not sOf—imposed and the variance requested t
is the minimum variance which would alleviate the hardship. /
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Policies 8.1.1 and 8.1.3 of the Comprehensive Plan call for 1
the provision a safe street system and sidewalks. The
deletion of this sidewalk would cause pedestrians to walk in 1 f .
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the street or to cut through private property. There do not t
appear to be any peculiar circumstances which would make the ,1
installation of a sidewalk impractical or unfeasible.
Based upon the above findings, the proposed variance is not i
justified. r
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NOTICE OF DECISION — V 20-85 * PAGE 2 =.
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The landscaping plan that was approved as part of 8DR 17-85
did not include the sidewalk which is the subject of this •
request. However, this plan was approved with the -
understanding that the proposed landscaping areas on the '
southern Walnut Place frontage would need to be shifted five . -'`
feet to the north if the Variance was not approved, The
Code requires that parking and loading areas be buffered by
landscaped areas that are a minimum of three feet in width.
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C. DECISION
Based upon the above finding and conclusions the Planning Director
denies V 2U-D5. ,'��
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D. PROCEDURE
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1. : Notice was published in the newspaper, posted at City
Hall and mailed to: '. .
�� The applicant & owners�.
~ * Owners of record within the required distance '
Pr__ The affected Neighborhood Planning Organization
Affected governmental agencies
- 2. Final Decision:
`� THE DECISION SHALL BE FINAL 0N __ UNLESS AN APPEAL
` IS FILED. ' /
3. AIU�2&:::
Any party to the decision may appeal this decision in accordance
. with Section 18,32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
.'�� filed with the CITY RECORDER within 10 days after notice is given
�` and sent.
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The deadline for fiIing nf am appmml iw 4�30 P.M. x��^�»��' `
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' 4. mtiono� If you have any questions, please call the City of
�� ' ----- Tigard Planning Department, Tigard City Hall, 12755 SW
`�� Ash, P0 Box 23397, Tigard, Oregon 9722'd, 639-4171.
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PREPAR L1d DATE
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William A. Monahan, Director of Planning & Development DATE A ROVED
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� NOTICE OF DECISION - V 20-85 - PAGE 3
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Wi IL ram,G. 4244)inds403 . '
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12830 SW Pacific Hwy.
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Tigard, OR 97223
Gary Ott
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9055 SW Edgwood
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Tigard, OR 97223
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TATE/%KINGS CHOICE APT.
BY HUTTON CENTER . .
200 E. Sandpoint Dr.
-: ' Santa Ana, CA 92707
VILLAGE SQ./% GOSPODINOVIC
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12770 SW Pacific Hwy. ,..-
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Tigard, OR 97223
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TIGARD COMM. METHODIST CHURCH
9845 SW Walnut
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Tigard 4 OR 97223
' . HUDSON ESTATE/HUDSON
13267 SW Bull Mtn Rd.
Tigard, OR 97223
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.-: MOBILE OIL CORP.
. ,,. Property Tax wept.
PO Box 290
Dallas, Tex 75227
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DYKE
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. : 4124 SW Patrick Way# 1225 ,
Portland, OR 97201
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