Resolution No. 86-54 i
CITY OF TIGARD, OREGON
RESOLUTION No. 86--
IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON COUNCII, REVIEW OF A REQUEST
FOR DESIGNATION OF NON CONFORMING USE STATUS FOR PROPERTY AT 12528 S.W. SCHOLLS
FERRY ROAD, AS PETITIONED BY LEE CUNNINGHAM.
WHEREAS, this matter came before the City Council at its meeting of April 21, 1986,
upon the filing of a letter requesting review by I.ee Cunningham.
WHEREAS, the City Council had before it documentation. of Mr. Cunningham's request
and applicable Community Development Code provisions, Chapter 18.132,
WHEREAS, the applicable criteria for this determination is Chapter 18.132,
WHEREAS, based on the record of this matter and the discussion held by the
Council on April 21, 1986, the City Council makes the following FINDINGS OF
FACT:
NOW, THEREFORE, be it resolved by the City Council that:
Section 1: The subject site i_s located within the corporate limits of the City
of Tigard on the corner of Scholls Ferry Road and S.W. North Dakota.
Section 2: The surrounding area has been developed as single family and medium
density residential with vacant property to the east zoned for
commercial professional use.
Section 3: The subject property is zoned for commercial professional use and is
partially used for veterinary clinic and partially for a retail use,
a snow mobile repair shop.
Section. 4: The subject property, at the time of annexation from Washington County
to the City of Tigard, was utilized in part for commercial activity.
Section 5: The property has been utilized over the past eight years for a
variety of retail uses, without a significant period of abandonment.
The City council also makes the following conclusions of law:
1. The City Council concludes that the property at 12528 S.W- Scholls Ferry
Road has been ccntiruously used as a commercial property since it was ,
annexed to the City.
2. The City Council concludes that although a portion of the present use
of the property, the retail portion, is not a lawful use, the use has
obtained non-conforming status as defined by Section 18.132.040(b) of
I.. the Tigard Community Development Code.
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3. The City Council concludes that the criteria contained in Section
18.132.040 of the Tigard Community Development Code must be complied
with in order for the use to maintain its non-conforming status.
The City Council, therefore, ORDERS that the above referenced determination be,
and the same is, approved. The City Council further orders that the Director
of Community Development send a copy of the final order as a notice of final
decision in this matter.
APPROVED: This 7h day of M, 1986 by the Council of
the City of Tigard, Oregon..
�MaWr ofTigard
puty—Recorder - City of Tigard
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RESOLUTION No. 86-
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