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Ordinance No. 81-76 a CITY OF TIGARD, OREGON ORDINANCE NO. 81-76 AN ORDINANCE REVERSING A DECISION OF THE PLANNING COMMISSION, RELATIVE TO CONDITIONAL USE (CU 6-81). Whereas, the Planning Commission on July 7, 1981 denied a Conditional Use application (CU 6-81) -for Mr. David Schlat, Electro-Sport at Canterbury Square; and Whereas, Mr. Schlat appealed the decision of the Planning Commission to the City Council; and Whereas, the City Council reversed the decision of the Planning Commission and granted said Conditional Use at a regular meeting held on August 10, 1981; and Ir'hereas, certain conditions were made a part of this approval of the City Council. Therefore, be it ordained as follows: Section 1. The Conditional Use to operate an amusement enterprise in a General Commercial Zone (C-3) is allowed under the Tigard Municipal Code Section 18.28.020 if the Planning Commission approves said use. (1) The Conditional Use to operate an amusement enterprise in a General Commercial Zone (C-3) is allowed under the Tigard Municipal Code Section 18.28.020 if the Planning Commission approves said use. (2) The objection voiced in the Planning Commission meeting which led to the denial of this application initially were not specific enough to justify outright denial under the circumstances discussed before the Council on appeal. (3) Additional conditions of development are hereby iniposed upon the applicant to ensure that various concerns of Council are addressed. Section 2. The following conditions are placed upon this Conditional Use: s 1. Applicant obtain _a sign permit. 2. If a "nuisance" is created as defined in Code Section 7.40, and the E: Tigard Police Department finds that the applicant is in part in violation of the Code, the applicant shall be brought before the City Council and may be subject to revocation of this Conditional Use. 3. No changes will be made to approved plans or specificactions unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. Ordinance No. 81-76 Page 2 4. Between Sunday and Thursday during the school year, persons under the age of 18 years must be accompanied by an adult after the hour of 9:00 p.m. Between Monday and Friday during the School year persons under the age of 18 must be accompanied by an adult prior to 3:00 p.m. 5. Some form of bike rack must be provided. 6. Patrol will be provided by Electro-Sport of a litter barrel outside the building. 7. Tualatin Rural Fire Protection District Fire Marshall shall review this proposal for fire life safety and the applicant shall correct deficiencies if they are found to exist prior to the issuance of an occupancy permit. 8. There will be a mandatory review of this permit at the end of six months. 9. All rules of operation as presented as evidence at the council hearing shall be posted conspicuously ir_side this establishment and shall be enforced by the applicant. Section 3 The applicant by acknowledging these conditions shall be granted a Conditional Use (CU 6-81) Under code Section 18.28.020 by this Council to operate Electro-Sport at [ Canterbury Square. K PASSED: By ,cera: c. vote of the City Council € this d&jn day of September, 1981 Recorder, City o igard APPROVED: This /4Zday of September, 1981. a Mayor, City of Tigard F; f S=