Resolution No. 82-16 CITY OF TIGARD, OREGON
RESOLUTION NO. 82- /(a
RESOLUTION ADOPTING A FINAL ORDER IN THE MATTER OF THE APPEAL OF
JOHN SKOURTES, FILE NO. V 10-81, REVERSING THE ACTION OF THE
TIGARD PLANNING COMMISSION, ENTERING FINDINGS AND CONCLUSIONS,
AND DECLARING AN EFFECTIVE DATE.
The Tigard City Council heard the above-entitled appeal at
its regular Council meeting of February 8, 1982. The only
participant was the appellant, who also appeared before the
Tigard Planning Commission.
The Council makes the following FINDINGS OF FACT in this
matter:
1. The applicant has requested a side yard variance of 10
feet, from the 20 foot side yard requirement of Section 18.84.040(2)
of the Tigard Municipal Code, pursuant to Section 18.76.020 of
said Code.
2. The subject parcel is described as Washington County Tax
Map Parcel 251-12A (Railroad Right-of-Way) located at the
southeast corner of S. W. Bonita Road at S. W. 74th Avenue. The
configuration of the site is set forth on the map on the Notice
of Public Hearing in this matter found in the case file.
3. The subject site is oddly shaped and of a unique confi-
guration for the area, based upon the map referred to above and
u+ the applicant's testimony (Transcript pp. 2-4, Item C, letter of
John Skourtes dated October 27, 1981 to Elizabeth Newton) and
a, the Council believes this uncontested evidence.
4. The size, shape and configuration are not the result of
circumstances over which the applicant has control, but are
circumstances which have resulted from the historical configuration
of the parcel since 1902 (based upon the letter by applicant to
the Tigard Planning Commission, dated October 23, 1981, Item 1) .
5. The development of the site for any use allowed by TMC
Section 18.48.010 is precluded by the depth of the lot, which,
coupled with the 25 foot setback imposed by the Burlington
Northern Railway (see map attached to letter of applicant to the
City Council dated February 3, 1982) , leaves only 30 feet of area
which can be developed. The Council believes the testimony of
the applicant and, based on that testimony and its own experience,
determines that the applicant would, if this application were
denied, be denied any use of the subject parcel, substantially
differing his situation from that of other owners in the C-3
zor: and in the area.
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RESOLUTION NO. 82- _
6. The Council has considered the purposes of the Tigard
d` Zoning Ordinance as set forth in TMC 18.04.020 and finds them
C generally met by the application, as follows:
a. The variance encourages the most appropriate use of
land in that it allows C-3 uses permissible on this site
to be undertaken. The Council reiterates that to deny the
variance would not allow use of this site for any C-3
purpose and would render the subject site unusable and an
eyesore.
b. By allowing a use at all, the variance promotes
conservation and stability of property values.
C. The large setbacks from Bonita Road (40 feet) and
the railroad tracks (25 feet) , the conditions regarding
parking and other matters set forth in Exhibit "A", all aid
the city to provide fire and police protection and lessen
street congestion.
d. Despite the reduction of the setback lines, there
will be sufficient light and air for any uses on the site.
e. No population will be housed on this site and the
uses allowed in the C-3 zone are of low intensity and an
extension of the manufacturing uses in the area. Therefore,
we find the citywide goals of orderly growth and prevention
of undue concentrations of population to be met.
f. The grant of this variance will have no effect on
any public facilities mentioned in Section 18.04.020(8)
as no more intense use of the site will be undertaken.
g. Because of the above, and the fact that the uses
proposed are in accordance with the Tigard Comprehensive
Plan, there is assured conformity with public health,
safety, convenience and general welfare.
7. There was no contrary evidence to petitioner's unrebutted
assertions that the grant of a variance was not injurious toproperty
values in the zone or the vicinity of the use, nor any showing
that a conflict existed with the objectives of any city
development plan or policy.
8. A 10-foot side yard setback is necessary to render the
subject site usable for any C-3 use. Any less of a variance
would not enable the land to be used; any more would be unecessary
to accommodate C-3 uses allowable in this zone.
9. There are no State-wide Planning Goals applicable to
this case except the following:
a. Goal 1 which is fulfilled by the public hearing
processes in this case.
RESOLUTION NO. 82-_L4_
b, Goal 2, under which conformity of the Industrial
designation of the Plan is furthered by the grant of this
variance.
C. Goal 9 which is furthered by allowing the use of
designated odd-shaped lot.
an industrially g
d. Goal 11 and Goal 14 which boundaryfulfare1toeallow for
reinforcement of the urban 5 ublic facilities already
urban-type industrial uses with p
provided.
10. The conditions on the use publictforth service1n Exhibit
and facilities
will assist the city in meeting p mitigating its effect
needs emanating from the proposed use and
on surrounding persons or property.
owing CONCLUSIONS OF LAW:
The Council adopts the foll
1, Based on Finding No. 3, the Council has determined that
the subject site has extraordinary conditions, due to its size
and shape, that do not apply generally to parcels in the sameura-
vicinity. Based on Finding No. 4, the size, shape and t under
the Council concludes, are not under
tion of the subject site, predecessors in interest.
the control of the applicant a his p and Municipal Code
The application, therefore, satisfies Tigard
Section 18.76.020(1) .
2. Based on Findings 3 through 5, the Council concludes
d th
that the uniqueness of the site anermitted under tTMC 018.85010a
possible use p
would not allow any p licant has proved to the reservation ofsatisfaction f
and, therefore, the app
r ' the same as is possessed by other
the Council that the variance is necessary for p
a property right substantially
property owners in the C-3 zone and in the vicinity.
the
3, Based on Finding No. 6, the Council concludes a that
and Municipal Code and, based on Finding
authorization of this variances is not detrimental to the p P
of Title 18 of the Tig injurious to property
No. 7, that the variance issue would nro ertys located, or
in the zone or vicinity in which
ect pr of any city development
otherwise detrimental to the a al Code.
plan or policy. Therefore, we conclude that the variance
complies with Section 18.76.020(3) of the Tigard municipal
4, Based on Finding No. 8, the Council concludes that the
nted is the minimum necessary to alleviate the
application prese
Council identifies as the inability to use
hardship which the
bject site with a 30-foot wide buildable area
the su .
5, Based on Finding No. 9, the Council concludes
Goals
alsthatande
application satisfies applicable State-wide Planning
that c other Goal is applicable to this matter.
RESOLUTION NO.
6. In reviewing the applicable Comprehensive Plan for this
site, the Council finds no policies therein which mitigate
either for or against the proposal before the Council.
ORDER
It is, therefore, ORDERED that, based on the above Finlings
and Conclusion, the application for a variance in this matter
be, and the same hereby is, approved subject to the conditions
set forth in Exhibit "A".
It is FURTHER ORDERED that the applicant be notified of
the entry of this Order.
PASSED: Thisa.2 day of e L -wc�� ti , 1982, by the
Council of the City of Tigard.
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- City of Tigard
ATTEST:
C'Jty Recorder Cof Tigard
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RESOLUTION NO. 82-_4�_
EXHIBIT "A"
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CONDITIONS
{ 1. Nonremonstrance agreement signed by Burlington Northern agreeing not to
remonstrant against the formation of a local improvement agreement to city
standards on SW 74th Avenue and SW Bonita prior to issuance of building permit. }
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2. Site Design Review shall be required. C
3. Minor land partition shall be approved by the City and recorded with
Washington County prior to issuance of building permit.
4. Direct access from the 74th Avenue to the building shall be prohibited.
5. No access to SW Bonita.
6. Dedicationof right-of-way on S.W. 74th as necessary to accommodate any
realignment of the 'S' curve due to design.
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