Resolution No. 90-05 CITY OF TIGARD, OREGON
RESOLUTION NO. 90-�
A RESOLUTION CONCERNING A CITY COUNCIL DECISION WHICH UPHOLDS THE PLANNING
COMMISSION INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO A
MANUFACTURED HOME (FILE NO. M 89-20).
WHEREAS, an application for a building permit was submitted on April 13, 1989
to place a residence at 10676 S.W. Cook Lane and the permit was subsequently
approved by the Building Division; and
WHEREAS, nearby neighbors and Neighborhood Planning Organization (NPO) No. 3
filed objections to the approval of the building permit on the grounds that the
residence is a mobile home which is not permitted on an individual lot in the
R-3.5 (Residential, 3.5 units/acre) zone; and
WHEREAS, the Director issued an interpretation that the residence was a
manufactured home as defined by the Community Development Code and it was a
permitted use on an individual lot in the R- 3.5 zone;
WHEREAS, NPO No. 3 appealed the Director's interpretation of tha Code to the
Planning Commission and the Commission reviewed the case at a public hearing on
December 5, 1989 and upheld the Director's interpretation; and
WHEREAS, the City Council reviewed the Commission's decision at a public
nearing on January 22, 1990;
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The residence located at 10676 S.W. Cook Lane is a manufactured
home as defined in Sections 18.26.030 and 18.42.020 A. 10. of the
Community Development Code.
Section 2: The subject property is zoned R-3.5 and manufactured homes are
listed in section 18.48.030 A. 5. of the Code as a permitted use.
Section 3. The residence satisfies the applicable criteria listed in Section
18.94.040 A. of the Code which pertain to siting manufactured homes
on individual lots.
Section 4. There are some differences in construction of the residence which
are different from standard Uniform Building Code (UBC)
construction. However, the UBC allows the use of "alternative
methods of construction" provided it can be verified that the
modification will perform as well as or better than the
corresponding UBC standard. In this case, the verification of
equivalent performance has been provided by the Department of
Housing and Urban Development, which inspected the residence at the
factory.
t, RESOLUTION NO..90-0 PAGE 1
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Section 5: The Tigard City Council, therefore orders that the Planning
commission decision on this matter (Case No. M 89-20) be upheld.
PASSED: Ey -'A�5 n n1 L--a" vote of all Council members present
after being read by number and title only, this _,J nj day of
January, 1990.
City Recorder, City of Tigar
APPROVED: This. of day of January, 1990.
/,;
Mayor, City of Tigard
M89-20.RES/kl
RESOLUTION N0. 90-05 PAGE 2