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