DIR1997-11655 SW PACIFIC HIGHWAY (2) . . j `l i� �/�-.r�'�I�' �
�
,
December 8, 1997 CITY OF TiGARD
OREGON
Steven A. Moskowitz, Attomey at Law
111 SW Columbia, Suite 1080
Portland, OR 97201
Dear Mr. Moskowitz:
The City of Tigard is in receipt of your November 24, 1997 letter conceming
whether or not Harsch lnvestment Corporation can app(y for a land use
decision on property located at 11655 SW Pacific Highway as well as your
letter to Mark Roberts dated December 2, 1997.
Harsch lnvestment requested that the Community Development Director make
a non-conforming use interpretation. Whether or not Harsch Investment is
making an application or whether they have the right to make an application for
property at 11655 SW Pacific Highway is probably immate�al.
The Director has the authority to make an application. The Director also has
the authority to have the Planning Commission hold a public hearing to revoke
� a prior approval. The Director can also cite violations of the development code
into municipal court. The Director may also issue interpretations regarding the
provisions of the code, including those related to non-confonning uses.
It is also apparent that there is information that was not made available in the
RAZ request for a non-conforming use interpretation in April, 1997. This
information centers around the extent of the non-conforming use.
Consequently, this new information could be considered a mistake of fact or
material misrepresentation of fact related to the Aprii, 1997 Director's
interpretation.
The Director's interpretation issued on April 28, 1997 was based on infoRnatio�
provided by RAZ in their request. Please be advised that the Direcior's
interpretation only included findings that relate to RAZ being a valid continuing
non-conforming use of the property in question. That decision was siient on
and did not approve an expansion of a non-conforming use. At issue is
whether RAZ has expanded the non-conforming use to areas not previousiy
used consistently over the years. Expansion of a non-conforming use is not
permitted by the community development code.
13125 SW Holl Blvd., Tigord, OR 97223 (503)639-4171 TDD (503)684-2772 Pa e 1 f
Based on the information provided by Harsch Investment and research of city
aerial photos, we have tried to provide you and your client the opportunity to
show that the RAZ use is not an expansion of a non-conforming use. We hope
you will proceed to do that without delay. We will extend the time to respond
until December 16, 1997.
We recognize RAZ has made responsibie efforts to respond to neighbor
complaints and the neighbors have exhibited patience and a willingness to work
with RAZ, however, alI the maneuvering by both sides is not accomplishing a
prompt response to the issues of noise and use.
The Director will initiate an interpretation related to the extent of expansion of
the non-conforming use, if any. Again, we hope that you make every effort to
use the opportunity to provide facts to support your case by the December 16,
1997 deadline.
Sincerely, ,
,��lfC� ��
�',�=-� /� G��
J mes N.P. Hendryx
Community Development Director
i`�curDlnWicklmoskowitlec
c: Gregory Baum, Harsch Investment Corp.
Jack Orchard Jr., Ball Janick lLP
Waiter Aman, AKA Business Services
Henry Raz, RAZ Transportation
Larry Scruggs, RAZ Transportation
Pam Beery, City Attomey's Office
RAZ Transp. - Director's Interpretation File
12/8/97 Steven A. Moskowitz Letter Page 2 of 2
RE: �uestionable Authority of Harsch Investment
Corp. to Apply for a Director's Interpretation for
RAZ Transportation at 11655 SW Pacific Hwy.
✓
��� ;
November 25, 1997
ClTY OF TIGARD
Larry Scruggs, Vice President
RAZ Transportation OREGON
16660 SW Bertha Boulevard
Portland, OR 97219
Fte: Harsch Investment Corporation's Request for a Director's Interpretation
Dear Mr. Scruggs:
On November 10, 1997, Mr. Greg Baum of the Harsch Investment Corporation �
applied for a Director's Interpretation. The request concems the historical use of
the rear portion of the property located at 11655 SW Pacific Highway for non-
conforming commercial purposes. Upon receipt of that application, the City
determined the request to be incomplete pending submittal of persuasive
evidence conceming this �ortion of the property. On November 11, 1997, the
City faxed information conceming this matter to Mr. Steve Moskowitz. On
November 20, 1997, Greg Baum submitted this additional evidence.
Enclosed is a copy of the information that was provided by Mr. Baum. The
Director has allowed you until 12/9/97 to respond to this information and refute
the statements that are made within this submittal. Once this response period
has elapsed, it is the City's intention to complete a review of all of the information
that has been submitted by both sides and issue a decision.
Please feel free to contact me conceming this information if you have any
questions at (503) 639-4171.
Sincerely,
����Z�
Mark Roberts �
Associate Planner, AICP i
c: Gre Baum, Harsch Investment Co oration, Jim Hend , Communi �
9 �P M� tY
Development Director, Dick Bewesrdorff, Planning Manager, RAZ �
Transportation's Director's Interpretation File
i:�cu rpinUnarkr�harsch.doc
Enclosures (3): 9 11/10 8� 11/20/97 - Both are 3 pg. letters from Harsch Investment Corp.
> 11/20/97 - 1 pg. Affidavit of Amber Hubbard, Previous Sleepy Hollow
Apartment Manager and attached 11/20/97- 1 pg. Notarization.
> 4/26/80, 7/1/84, 7/15/90, 6/20/92, & 7/22/96 Aerial photographs,
each with associated affidavits of authenticity. ' I
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 I