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Resolution No. 85-81 CITY OF T'IGARD. OREGON RESOLUTION NO. 85-ep( A FINAL ORDER IN THE MATTER OF TF1E APPLICATION FOR TEMPORARY USE APPROVAL REQUESTED BY LARRY SCOVIL1..E, FILE NUMBER FU 5a-85, APPROVING 'THE APPLICATION WITH CONDITIONS, ENTERING FINDINGS, AND CONCLUSIONS. WHEREAS, the Tigard City Council heard the above application on September 23, 1985. The applicant spoke in favor of the application. No one appeared in opposition. WHEREAS, the Tigard City Council reviewed a resolution to adopt findings for approval on September 30, 1985. The Council did not adopt a resolution, but anproved an administrative extension for One month and directed staff to prepare another resolution. The Council finds the following FACTS in this matter: 1. The applicant requested approval by the Planning Director of a Temporary Use permit to allow operation of a used car sales lot from August 5, 1985 to October 5, 1985 and concurrently requested approval by the City Council of the same request for one year from August 5, 1985 to August 6, 1986. Information relating to the j.- request is found in Planning File No. TU 5a--85. 4 2, The proposal was approved by the Director of Community Development for a two month period on August 5, 1985 subject to conditions. 3. The applica'cion information submitted by the application was presented in the Council's information packet. 4, The relevant approval criteria in this case is contained in Section 18.140.050(c) of the Community Development code. Based upon the record in this case, the Council makes the following FINDINGS: 1• Section 1.8.140,050(c) of the Community Development Code contains the. relevant criteria for approval of Temporary Uses. The code requires adequate and safe ingress and egress when combined with other uses of the property as required by 18.108 Access and 18.102 Clear Vision. The code also requires adequate parking for the customers of the temporary use as required by 18.106 Off-Street Parking. In addition, the code also requires that the use not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses in the manner which other uses allowed outright in the zone would not affect the adjoining uses. 2. It is recognized that an ordinance was adopted on September 23, 1985 requiring paved parking for all land uses in the City. This 4- application, however, was filed prior to the adoption of that ordinance and aravel g parking area is appropriate - because the use will be temporary, the lot is small and the traffic generated will be light. RESOLUTION NO. 85--F/ Page 1 r Council. adopts the foll.owi.ng CONCLUSIONS OF LAW: Based on findings 1 and 2 above, the Council has determined that the application meets the approval criteria set forth in Section 18.140.O50(c) of the Community Development Code. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Based upon the above Findings and conclusions, the City Council therefore orders that TU 5a-85 be, and hereby is approved subject to the following conditions: 1. This permit is valid until October- 6, 1986. 2. A City of Tigard Business Tax permit shall be obtained by the apaplicant. 3. All areas to be used for parking of vehicles on the site shall be gravel. q. A sign shall be posted on the fence erected between the site and Bonita Glass, and shall indicate that NO PARKING is allowed on the Bonita Glass; lot for customers of the car lot. In addition, that sign shall indicate where parking for• the car lot is available. A sign shall also be posted on the Chevron lot indicating that parking is allowed on the Chevron lot for customers of the used car business. All signs shall, be approved by the Director of Community Development prior to posting. 5. A 4—foot cyclone type fence shall be erected within 30 days of approval between thc: car lot and the Bonita Glass property for the length of the property. 6. No attendant shall. be allowed to wait on the site for the purpose of selling vehicles. 7, There shall be no more than eight vehicles on display (on the site) at any one time. PASSED: This /�! rr/ day of 1985. 1 i — City of Tigard t/ ATTEST: Deputy City Recorder — City of Tigard (EAN:br/1966P) RESOLUTION NO. 85—_f PACE 2