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Correspondence City of Tigard, Oregon ® 13125 SW" Hall Blvd. 0 Tigard, OR 97223 J G November 13, 2007 ` " i RE: SITE PERMIT GAAW, Project Information Site Permit: SIT2007 -00025 Construction Type: 5B Tenant Name: Shinmen Occupancy Type: B Address: 7315 SW Hermoso Way Occupant Load: NA The plan review was performed under the State of Oregon Structural Specialty Code (OSSC) 2007edition and the State of Oregon Fire Code (OFC), 2007 edition. The submitted plans are approved subject to the following. EROSION • Erosion control measures shall be in place prior to excavation or grading. FIRE DEPARTMENT ACCESS • The driveway is considered a fire department access roadway. The driveway shall be capable of supporting a 12,500 pound wheel point load and a gross vehicle weight of 50,000 pounds. ACCESSIBILITY • Accessible walkways and routes shall not exceed a running slope of 1 unit vertical in 20 units horizontal (5% slope). Cross slopes shall not exceed 1 unit vertical in 50 units horizontal (2% slope). • Accessible parking spaces and access aisles shall be located on a surface with a slope not to exceed 1 unit vertical in 50 units horizontal in all directions. 1104.4.3 OSSC Approved Plans: 1 set of approved plans, bearing the City of Tigard approval stamp, shall be maintained on the jobsite. The plans shall be available to the Building Division inspectors throughout all phases of construction. 106.4.2 OSSC American with Disabilities Act (ADA): It shall be the responsibility of the Architect, Engineer, Designer, Contractor, Owner and Lessee to research the applicability of the ADA requirements for the structure. The City of Tigard reviews the plans and inspects the structure only for compliance with Chapter 11 of the OSSC which may not include all of the requirements of the ADA. Phone: 503.639.4171 ® Fax: 503.684.7297 0 www.tigard or.gov o TTY Relay: 503.684.2772 Premises Identification: Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. When submitting revised drawings or additional information, please attach a copy of the enclosed City of Tigard, Letter of Transmittal. The letter of transmittal assists the City of Tigard in tracking and processing the documents. Respectfully / 1 0 r : Dan Nelson, Senior Plans Examiner Dan Nelson From: Maris Buxton Sent: Tuesday, November 13, 2007 11:32 AM To: Dan Nelson; Barbara Butler; Dan Nelson; Debbie Adamski; Loraine Sellers; Mark VanDomelen Subject: FW: OK For Site permit for Hermosa? SDR2005 -00008 OK to release SIT2007- 00025. Thank you! From: Cheryl Caines Sent: Tuesday, November 13, 2007 10:50 AM To: Maris Buxton; Todd Prager Subject: RE: OK For Site permit for Hermosa? SDR2005 -00008 I'm okay for permit. The last arborist report looks good. Cheryl From: Maris Buxton Sent: Tuesday, November 13, 2007 10:33 AM To: Cheryl Caines Subject: OK For Site permit for Hermosa? SDR2005 -00008 Maris Buxton Project Coordinator Planning Division Direct: 503 - 718 -2453 Fax: 503 - 598 -1960 maris @tigard - or.gov irg- 067 CdUOS JOHN W. SHONKWILER, P.C. Attorney at Law 13425 SW 72nd Avenue Tigard, Oregon 97223 Fax (503) 684 -8971 Phone (503) 624 -0917 September 5, 2007 City of Tigard Attn: Dan Nelson Senior Plans Examiner 13125 SW Hall Blvd. Tigard, OR 97223 RE : Applicant: M. M. Shinmen SDR 2005 -00008 Hermoso Office Conversion at 7315 SW Hermoso Way Dear Dan: Pursuant to your letter dated August 30, 2007 and our telephone conversation regarding "Site Work for 7315 Hermoso Way," enclosed is the information you requested. Also enclosed is a copy of your August 30, 2007 letter (City of Tigard, Letter of Transmittal). a. *Provide total number of cubic yards excavated and cubic yards of fill. The total number of yards to be excavated is 240 cubic yards. There will be no fill. b. *Show one approved van accessible parking spot. 1. Waiver. The issue of "Disabled- Accessible Parking" was specifically raised during the application review for the above entitled to application "Site Development Review (SDR) 2005- 00008" pursuant to application of CDC 18.360.090 A 14, State of Oregon Uniform Building Code and federal standards. The Type II Decision by the City held at page 13 that: "No disabled accessible parking is being proposed. Conversions do not require the spaces based on the requirements of the International Building Code. The Building Department has reviewed the project and has no objections. Therefore, this standard has been satisfied." This portion of the Type II Decision became final although other issues were = appealled to the hearings officer, ultimately resulting in granting approval for the Page - 1 proposed land -use. The pertinent portion of the Type II Decision is enclosed with this letter. No appeal was filed against the Hearings Officer's final decision. In summary, the issue was raised during the land -use proceeding, no objection was raised by the engineering department or otherwise by staff as to the decision to not require disabled - accessibility parking, and the time to appeal has now passed. It is well established under Oregon law that any issue that is decided in the prior land -use proceeding and not objected to (at the preceeding or on appeal) is waived for further application or restriction against the property. Portland Audubon v. Clackamas County, 14 Or. LUBA 433, 435 (1986),afrmed80 Or. App. 593, 722 P.2d 62 (1986); Melton v. City of Cottage Grove, 131 Or. App. 626, 887 P.2d 359 (1994). The City's decision to not require disabled - accessibility parking is now legally "final" and the City has waived any right to raise an objection or impose the restriction against the property. 2. The requirement for access by disabled persons does not apply to this land -use office conversion. The authority for the City to apply restrictions on access for disabled persons only arises from CDC 18.360.090 A 14 and ORS Chapter 447. CDC 18.360.090 A 14 merely provides that facilities for the disabled shall be in accordance with the requirements of ORS Chapter 447. ORS 447.210 imposes standards and specification for access by disabled persons only upon "affected buildings" as defined in ORS 447.210 (1). "Affected buildings" is defined, where pertinent to this land -use application, as buildings "...that have more than one floor level and more than 4000 square feet in ground area...." During the land -use hearing process, the applicant submitted evidence that "the structure at the subject site is only 1530 square feet of dwelling space with 460 square feet of garage (totaling 1990 square feet) and this structure was lawfully construction prior to the effective dates of both acts [ORS 447.210 (1) and the Americans with Disabilities Act]." Even if the Americans with Disabilities Act has been modified since the adoption of ORS 447.210 (1), the minimum 4000 square feet requirement remains applicable before requirements of access by disabled persons can be applied. Here, the applicant is not required to provide access for disabled persons to the structure, nor a handicap parking space because: (a) the applicant's pre - existing building was constructed prior to the adbjtIon of both of these acts ahci the structure is not being changed or increased in size, (b) ORS 447.210 (1) does not apply to structures that are only 1990 square feet in size, and (c) the City has already made a final finding of fact that this structure is exempt from application of ORS 447.210 (1) and requirements for disabled - accessible parking, and no timely objections or appeals have been filed against that final determination. Please let me know when I can pickup the the permit for my client. Thank you for your assistance. Page - 2 Sincerely, OHN W. SHONKWILER, P. C. Gu.3 John W. Shonkwiler cc: M. M. Shinmen Page - 3 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 August 30, 2007 q RE: SITE WORK FOR 7315 HERMOSO '' TIGARD Project Information Site Permit: SIT2007 -00025 Construction Type: NA Tenant Name: Shinmen Occupancy Type: NA Address: 7315 SW Hermoso Way Occupant Load: NA The plan review was performed under the State of Oregon Structural Specialty Code (OSSC) 2007edition and the State of Oregon Fire Code (OFC), 2007 edition. Provide the following conditions prior to issuance of the permit. 1) Show one approved van accessible parking spot. 2) Provide total number of cubic yards excavated and cubic yards of fill. When submitting revised drawings or additional information, please attach a copy of the enclosed City of Tigard, Letter of Transmittal. The letter of transmittal assists the City of Tigard in tracking and processing the documents. R spectf Ily, 3 Dan Nelson, Senior Plans Examiner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard- or.gov • TTY Relay: 503.684.2772 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 • June 5, 2007 • John Shonkwiler nd . I G RO 13425 SW 72 Ave. � � Tigard, Or. 97223 ARC RE: ISSUANCE OF BUILDING PERMIT Project Information Project Name: M.M. Shinmen Construction Type: VB Building Permit: SIT2007 -00025 Occupancy Type: B Address: 7315 SW Hermoso Way Occupant Load: NA Dear John, The Building Division has completed the review of the project listed above. The project has not been released by either the Planning Division or the Engineering Division at the time of this letter, so the Building Permit cannot be issued. If you have questions please contact Maris Buxton @ 503 - 718 - 2453. The date of this letter begins the 180 day time limitation in accordance with Section 105.3.2 of the State of Oregon, Structural Specialty Code, 2007 edition. If the permit has not been issued within the time limitations referenced in section 105.3.2, the work shall be considered abandoned and the plans will be expired. Res. ectfully, Ran Nelson, Senior Plans Examiner Phone: 503.639.4171 ® Fax: 503.684.7297 ® www.tigard- or.gov ® TTY Relay: 503.684.2772