Ordinance No. 79-58 CITY OF TIGARD, OREGON
ORDINANCE NO. 79- g'd'
AN ORDINANCE AMENDING ORDINANCE NO. 79-38 RELATING TO A ZONE CHANGE SOUGHT
BY WAY W. LEE, BY DELETING CONDITION NO. 10 OF SECTION 2.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: On May 14, 1977 the City Council of the City of Tigard adopted
5r—ri nce No. 79-38 granting a zone change for a tract of land on SW 69th
Avenue owned by Way W. Lee and depicted on Washington County Tax Map 1S1
36AD, as Tax Lot 6502 (southern portion) . In granting that application,
which changed the zone from "R-7" to "C-3 PD, " the City Council attached
ten conditions. The condition numbcred 10 read as follows:
1110. A paved easement be provided to the
property line abutting Hi-Hat property
(south) and this easement and grade be
approved by Engineering Department of
the City of Tigard."
SECTION 2: The City of Tigard has now been informed by the owners of the
Hi-Hat property that they do not wish to be -served by an easement through
the subject property.
SECTION 3: The City Council recognizes that because the Hi-Hat property is
—
not presently before the City Council in connection with
any proposedosed land-
use
application as to its own property, the Council lacks the authority to
compel the Ilse of .the easement by the owners or customers of the Hi-Hat
Restaurant. The Council hereby amends Ordinance No. 79-38 by deleting
Condition No. 10 of Section 2, the Condition quoted above.
SECTION 4: Ordinance No. 79-38 having already taken effect, and it being
the intent of the Council that the ordinance operate only as it is now
amended by this present ordinance, and that Way W. Lee not be further
inhibited in his plans for the development of the subject property by the
imposition of Condition No. 10, an emergency is declared to exist, and it
is the order of the Council that this ordinance shall take effect
immediately upon its passage by the Council and approval of the Mayor.
PASSED: By L vote of all Council members
present�� day of July, 1979, after being
read two times by number and title only.
l
RECORDER, CITY OF TTG
APPROVED- }3y the Mayor this day of July, 1979.
I
4MIAJOR,4C F TIGARD E
E