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Permit CITY OF TIGARD BUILDING PERMIT a • COMMUNITY DEVELOPMENT Permit #: BUP2013 -00137 Date Issued: 06/06/2013 TIGARD 13125 SW Hall Blvd , Tigard OR 97223 503 718.2439 Parcel: 1 S1356B00300 Jurisdiction: Tigard Site address: 10185 SW CASCADE AVE Project: PGE Freestanding Sign Subdivision: HILLSBORO Lot: PTS 1 -2 Project Description: Replace face on existing freestanding freeway oriented sign. Contractor: OUTDOOR DESIGNS Owner: PORTLAND GENERAL ELECTIC COMPANY PO BOX 879 121 SW SALMON ST MIDDLETON, ID 83644 PORTLAND, OR 97204 PHONE: 208 - 585 -3984 PHONE: FAX: Specifics: FEES Description Date Amount Type of Use: COM Class of Work: ALT Type of Const: Permit Fee - Additions, Alterations, 06/06/2013 $256.22 Demolition Occupancy Grp: Occupancy Load: 12% State Surcharge - Building 06/06/2013 $30.75 Dwelling Units: 0 Plan Review 06/06/2013 $166 54 Stories: 0 Height: 0 ft Info Process /Archiving - Lg $2 00 (over 06/06/2013 $2 00 Bedrooms: 0 Bathrooms: 0 11x17) Value: $12,000 Info Process /Archiving - Sm $0 50 (up to 06/06/2013 $6 50 11x17) Floor Areas: Total Area: 0 Accessory Struct• 0 Basement. 0 Carport 0 Covered Porch 0 Deck' 0 Garage: 0 Mezzanine 0 Total $462.01 Required: Required Items and Reports (Conditions) Fire Sprinkler: Parapet Fire Alarm Protected Corridors: Smoke Detectors Manual Pull Stations' Accessible Parking 0 This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR Specialty Codes and all other applicable law All work will be done in accordance with approved plans This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more the 180 days ATTENTION Oregon law requires you to follow the rules adopted by the Oregon Utility Notification Center Those rules are set forth in OAR 952- 001 -0010 OAR 952 - 001 -0090 You may obtain a copy of the rules or direct questions to OUNC by calling 503 232 1987 or 1.800 332 2344. Issued By: Permittee Signature: 11:72 Call 503.639.4175 by 7:00 a.m. for the next available Inspection date. This permit card shall be kept In a conspicuous place on the Job site until completion of the project Approved plans are required on the job site at the time of each inspection. Building Permit Application Commercial RECEIVED FOR OFFICE USE ONLY City of Tigard RDeacteen q 3Ived Le �igiEmig Sao 13125 SW Hall Blvd., Tigard, OR 97223 JUN - 6 2013 Plan Review 1�; Other Permit l l 3 —O2) Phone: 503.718.2439 Fax. 503.598.1960 Date/B . '� � , TIGARD Inspection Line. 503.639.4175 CITY OF TIGARD Date Ready/By Juris ® See Page 2 for Internet: www tigard or.gov Notified/Method Supplemental Information BUILDING DIVISION TYPE OF WORK REQUIRED DATA: 1- AND 2- FAMILY DWELLING ❑ New construction ❑ Demolition Permit fees' are based on the value of the work performed. Indicate the value (rounded to the nearest dollar) of all ® Addition/alteration/replacement ❑ Other: equipment, materials, labor, overhead, and the profit for the CATEGORY OF CONSTRUCTION work indicated on this application. ❑ 1- and 2- family dwelling ® Commercial /industrial Valuation: S ❑ Accessory building ❑ Multi - family Number of bedrooms: ❑ Master builder ❑ Other: Number of bathrooms: JOB SITE INFORMATION AND LOCATION Total number of floors: Job site address: 10185 SW Cascade Ave New dwelling area: square feet City/State /ZIP: Tigard, Oregon 97223 Garage /carport area: square feet Suite/bldg. /apt. no.: Project name: 1. f• (.ela Covered porch area: square feet Cross street/directions to job site: HWY 217.25 Miles west of greenburg Road Deck area: square feet Other structure area: square feet REQUIRED DATA: COMMERCIAL -USE CHECKLIST Subdivision: Lot no.: 00300 Permit fees* are based on the value of the work performed. Tax map /parcel no.: 1S135BB00300 Indicate the value (rounded to the nearest dollar) of all equipment, materials, labor, overhead, and the profit for the DESCRIPTION OF WORK work indicated on this application. ff l` sQ /•_ Lr 44$4_ Valuation: S /Z 00 *M AI Existing building area: LIZ" square feet New building area: 0 square feet ❑ PROPERTY OWNER ® TENANT Number of stories: S Name: Lamar Advertising Type of construction: Se Address: 29345 Airport Road, Suite B Occupancy groups: ji City /State /ZIP: Eugene, Oregon 97402 Existing: CJ,PIe'f . i awatc/ Phone: (541)684 7939 Fax: (541)684 2312 New: ® APPLICANT ® CONTACT PERSON BUILDING PERMIT FEES* (Please refer to fee schedule) Business name: Lamar Advertising Structural plan review fee (or deposit): 2 5 G. Z Contact name: Jason Ripp FLS plan review fee (if applicable): Address: 29345 Airport Road, Suite B City /State /ZIP: Eugene, Oregon 97402 Total fees due upon application: Phone: (541) 684 7939 Fax: : (541) 684 3212 Amount received: E -mail: jripp@lamar.com PHOTOVOLTAIC SOLAR PANEL SYSTEM FEES* Commercial and residential prescriptive installation of CONTRACTOR roof -top mounted PhotoVoltaic Solar Panel System. Business name: OK/ofpC r- Off. Submit two (2) sets of roof plan with connection details and fire department access, along with the 2010 Oregon Address: RQ, go), ,j079 Solar Installation Specialty Code checklist. Permit fee (includes plan review City /State /ZIP: , ', jj(6fp6-- )� and ad ministrative fees): $180.00 Phone: (Z01rP) S; M Fax: ( ) State surcharge (12% of permit fee): $21.60 CCB lic.: r y sf Total fee due upon application: $201.60 Authorized signature / . �� This permit application expires if a permit is not obtained within 180 days after it has been accepted as complete. Print name: 3 j2 ;p Date: ir k- roz_v • Fee methodology set by Tri -County Building Industry Service Board. I: \Building\Permits\BUP -COM PermitApp.doc 02/24/2011 440- 4613T(11/02 /COM/WEB) I Building Division Over- The - Counter (OTC) Building Permit T I G A R D Check List Project Description: c_)(C APPLICATION SPECIFIC INFORMATION GENERAL INFORMATION *Class of Work: L.1 Occupancy Group: Type of Construction: *Type of Use: Occupancy Load: Oregon Specialty Code: Win SPECIFICS Number of Stories: Building Height: Mixed Use: Number of Dw Units: Number of Bathrooms: Number of Bedrooms: BUILDING SQ FT - SCHOOL CET OTHER SQUARE FOOTAGES Story Square Footage: Accessory Structure: Covered Porch: Basement: Garage: Deck: Total Square Footage: _ Carport: Mezzanine: SETBACKS Sideyard Setback — Left Sideyard Setback — Front Sideyard Setback — Right Sideyard Setback — Back CONSTRUCTION Exterior Walls: Openings Protected: Firewall Separation: N: S: N: S: Occupancy Separation: E: W: E: W: Access. Parking Spaces: REQUIRED ITEMS Fire Sprinklers: Fire Alarms: Smoke Detectors: Parapet: Manual Pull Stations: Protected Corridors: Total Project Valuation: $ (2-) C . FEES DUE $ DC Prov Rvw, COM TI — Ping $ DC Prov Rvw, COM TI — LRP DC Provision Review Fee for COM TI $ 7J ,. ZZPermit Fee — Add, Alt, Demo Project Valuation Planning LRP $ 12% State Surcharge Up to $4,999 $0.00 $0.00 $ e ( r ,' Plan Review, Structural $5,000 - $74,999 $67.00 $10.00 $ Plan Review, Fire Life Safety $75,000 - $149,999 $167.00 $25.00 $ 2.00 Info Proc /Arch, Lg (over 11x17 $2.00) $150,000 and over $268.00 $39.00 $ b ,''U' Info Proc /Arch, Sm (up to 11x17 $0.50) $ Metro Construction Excise Tax $ School Construction Excise Tax $ Hourly Rate Fee Planning Staff: $ Hourly Rate State Surcharge $ Misc. Admin Fee Permit Coordinator: $ Other: $ Other: Building Staff: $ Other: Date /Time: $ 4L02-,0( TOTAL FEES DUE *OPTIONS: TYPE OF USE: COM = commercial; CMS = commercial manufactured structure. CLASS OF WORK ACS = accessory; ADD = addition; ALT = alteration; FND = foundation; DEM = demo; FND = foundation; FPS = fire protection system; NEW = new; OTR = other (use for fences, decks, retaining walls, signs, awnings or canopies); REP = repair. 1: \ Building \ Forms \OTC- BUP.docx 07/01/2012 i .., Ili . ae ®.,. TI G"ARD City of Tigard August 28, 2013 Chenoweth Law Group, PC Brooks M. Foster 510 SW Fifth Avenue, Fifth Floor Portland, OR 97204 Re: Lamar Outdoor Advertising Co. Revocation of Permits SGN2013-00047/BUP2013-00137 Sign located at10185 SW Cascade Avenue,Tigard, Oregon . Mr. Colvin, It has come to our attention that a sign permit (SGN2013-00047) and associated building permits (BUP2013-00137 &ELC2013-00317) were improperly issued by the City of Tigard Community Development Department. The discovery of this error voids these permits and both permits are hereby rescinded as inconsistent with the provisions of the Tigard Development Code (TDC). As the work proposed in the above referenced permits has already been constructed and is now in operation,we ask for your cooperation in reestablishing compliance. The permits issued in error were for the replacement of an existing 14' by 48' sign face, and the expansion of superstructure bracing, on a freestanding sign located at 10185 SW Cascade. The proposed sign replacement and superstructure modification was intended to create an electronic message center sign by removing the wood or metal static display and replacing it with an LED panel. As discussed below, this scope of work is in clear violation of regulations pertaining to electronic message centers and nonconforming signs. 18.780.090 Special Condition Signs Electronic message centers are classified as a special condition sign, and are therefore subject to regulations specific to that class of signs. In addition to height and area limits, electronic message centers are permitted only within the C-G and MU-CBD zones (TDC 18.790.090.D.1.a). This restriction is clear and unambiguous, and not open to interpretation. As the electronic message center in question is located in the MUC zone,it was not within the City's authority to approve permits at the time of their issuance (TDC18.210.070). 18.780.070 Certain Signs Prohibited The sign in question also meets the definition of a billboard (TDC 18.780.015.A.8). Billboards are expressly prohibited within city limits (TDC 18.780.070.M). Assuming the original sign was erected legally at the time of construction, and has maintained all nonconforming rights subsequent to erection, any permits for new signs or changes to the existing sign and sign structure must satisfy the 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov provisions of the Nonconforming Signs section of the Signs chapter (TDC 18.780.110). As discussed below, the proposed scope of work exceeds that allowed for nonconforming signs. 18.780.110 Nonconforming Signs Any nonconforming sign that is structurally altered, relocated, or replaced shall immediately be brought into compliance with all of the provisions of the Signs Chapter (TDC I8.780.110.A.4). As the scope of work for these permits included both structural alteration and replacement, the proposed work should not have been approved. Structural alteration is defined as the modification of the size, shape, or height of a sign structure, including the replacement of sign structure materials with other than comparable materials (see '1'DC18.780.015.A49-50). The building permit submitted for the application shows clear structural alteration through the addition of new bracing material which expands the size and shape of the sign structure. These changes were not disclosed or identified in the sign permit application, and as such the building permit also appears to exceed the scope of changes approved in the sign permit. In addition to structural alteration, the removal of the static sign face to and its replacement with an electronic message center meets the definition of sign replacement. Nonconforming sign regulations require a replaced sign be brought into full conformance with the provisions of the sign chapter (TDC18.780.110.A.4). As the sign exceeds height and size limits for the base zone and freeway oriented signs, combined with the general prohibition of electronic message centers in this part of the city,it appears impossible for the LED conversion to comply with standards pertaining to new signs or nonconforming signs. Request for Action Given these facts, the city cannot permit this violation to persist. This letter serves as formal notice that the City of Tigard will proceed with enforcement and/or abatement proceedings if the sign is not removed altogether or returned to its previous condition within 30 days of the date of this letter. The city is cognizant of its error in issuing the permits, and to that end is willing to work with you to reach a reasonable timeline to abatement if 30 days is not sufficient. If an extension is required, please submit your request in writing. Your prompt response is appreciated. Sincerely, • Tom McGuire Assistant Community Development Director CC: Portland General Electric,Property Owner Jill Hendrickson, Program Coordinator, ODOT Outdoor Advertising Sign Program Marty Wine, City Manager Tim Ramis, City Attorney Permit Files