MMD2000-00026 MMD2000 - 00026
TIGARD
ALIGNMENT
November 29, 2000 CITY OF TIGARD
OREGON
Jack and Mary Henderson
11490 SW Venus Ct.
Tigard, OR 97223
Dear Mr. and Mrs. Henderson:
This letter is in response to your request for Minor Modification
(MMD2000-00026) approval to reduce the required parking lot landscaped
islands to three feet in width. The request to reduce the parking lot islands
is for additional clearance while maneuvering vehicles into the existing bay
doors of the Tigard Alignment and Auto Repair building.
This property is designated for Central Business District (CBD) within the
CBD zoning district. The use of the site is listed as a permitted use for
this zoning district. The Tigard Community Development Code, Site
Development Review Section, states; "if the requested modification meets
any of the major modification criteria, that the request shall be reviewed as
a new Site Development Review application."
This request is determined to be a minor modification to an existing site.
The Director's designee has determined that the proposed minor
modification of this existing site will continue to promote the general welfare
of the City and will not be significantly detrimental, nor injurious to
surrounding properties. Therefore, your request for a Minor Modification is
approved provided that, development which occurs after this decision
complies with all applicable local, state, and federal laws.
If you need additional information or have any questions, please feel free to
call me at (503) 639-4171, ext. 317.
Sincerely,/
Way
...r
athew " ei•-gger
Assistant Planner
is\curpin\Mathewlmin mod'2000-00026.doc
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13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772
MINOR MODIFICATION
A e∎I;'a TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION PRE-APP. HELD WITH:
DATE OF PRE-APP.:
Property Address/Location(s): 942 75 S Lt) 61-t 2N)17" - r
Tax Map &Tax Lot#(s): g f �#b 'O I y0 t'� "A �.�° SE ,
FORSTAFFUSE�ONLY r.
Site Size: oO' X /00 , 75' = .9 43 As. s�?. Er
Property Owner/Deed Holders) A ck 1+- Jf119J2/ )1_46.,11-)0/3_0;134, F
Address: J)y9OSL.�) \//�NLcs c.T Phone: ,5u3
City: T/6 A,2 i), OR Zip: 9 7'0?023 tease 401;5:--,1,,',y °�
Applicant*: Tf4 e k ffEN0k-2��l ��
PP tier Case�No, si
Address: 90 7,S .c J,rj Ua,Qh41 '�1 Phone; 3 L3�i-77G j� ref:,,,„‘,%
City: 7 G/9-7- c0 D/t' Zip: 9 7a-2 3 eeiptIp ' r �...1 plica o �, ce•te ` �,�' .
*When the owner and the applicant are different people, the applicant ��¢ ,;'
must be the purchaser of record or a lessee in possession with written , e *i * ; ,, , l
authorization from the owner or an agent of the owner. The owner(s) ' '
must sign this application in the space provided on the back of this - t
form or submit a written authorization with this application. ® fe De t - o
,
PROPOSAL SUMMARY £ o
The owners of record of the subject property request permission for a ` '�fnpPlaan/Zone ®'. s e
Minor Modification. To review a modification as a Minor Kt .�
Modification, the Director must first find that the expansion does not .. ` .44,, ""
invoke one or more of the 11 criteria discussed within Section k 41
18.120.070(B) of the Tigard Development Code. If the modification IT Area
exceeds the maximum allowed under any one or more of the x ,
cordin Date nd umber
following criteria, a Major Modification review is required. Major F3 ,
Modifications are processed in the same manner as anew Site r
Development Review. In separate letter, please address the '
criteria below contained in Section 18.360.050(B) including a detailed a u �lzevy7/�o , ,r>;in s erg ;�r,ormod.mst
response to each criteria. '° `
I. An Increase in dwelling unit density or lot coverage for residential development.
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chapter 16.165. REQUIRED SUBMITTAL ELEMENTS
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code.
5. An increase in the height of the building(s)by more than 20Y..
6. A change in the type and location of accessways and parking areas where off-site traffic would be affected.
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. ✓ Application Elements Submitted:
B. An increase in the floor area proposed for a non-residential use by more than 10°/.exduding expansions under Application Form
5.000 square feet.
9. A reduction in the area Site Development Plan (3 copies)
reserved for common open space and/or usable open space that reduces the open space Owner's Signature/Written Authorization
area below the minimum required by this code or reduces the open space area by more than ten percent. Title Transfer Instrument or Deed 4
10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the 41'—)
minimum established by this code or by more than 10°/.where specified in the site plan. NJ JA o
- o�p
ii. A modification to the conditions imposed at the time of Site Development Review approval that are not the �' 1
subject of Criteria 1 through 10 above. 0 Site/Plot Plan (reduced 8'/2"x 11")
In addition, the Director must find that the proposed change complies Applicant's Statement
with the underlying standards of the applicable zoning district. To (Addressing Criteria Under Section 18.360.050(B)
complete this review, the Applicant's proposal must include a
discussion indicating how the site expansion will continue to comply Filing Fee $100.00 C,bY.
with the minimum setback, building height, parking land landscaping
standards. Other applicable requirements such as minimum Clear
Vision areas near driveways and street intersections may also be
applicable depending on where the building expansion is proposed to
be constructed on the site.
1
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of /V r✓FM-46 VC.)
lX, 4-1-1Z-1.41.AA-- A t'��. yam. ,_ .►�.%�s�
er's Signature Owe nature
Owner's Signature Owner's Signature
2
- TATE OF OREGON
,unty of Washington SS
I, Jerry -�anPQn. Q��fictor of Assess-
ment and-; tfon and Efe,Offi io County
Clerk(or i$eid�o t 'do rtif that
�.Y, tLe�e�y�� Y
the with!' in_s"ru1nent'of writiin 4v s„received
and regorded°'1h book of: t oiels;of said
county:
Jerry Ft. kar,�'o1 -Director of
"'A$�_$es§me.it and taxation, Ex-
Officio CoLrity•Clerk
Doc : 97017078
Rect: 181338 43. 00
02/26/1997 02 : 42.: 13pm
0
SPECIAL WARRANTY DIED
Escrow Nurrrb+'r 2232583
KNOW ALL MEIN BY THESE PRESENTS, That Steven R. Gordon herein after called
grantor, for the consideration herein stated, does hereby grant, bargain, sell,
and convey unto
Jack R. Henderson and Mary S. Henderson, Husband and Wife
M hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property wi'tit the tenements,
warm naton
hereditan�ents and appurtenances appertaining thereto, situated in the County of
State of Oregon, described as follows : See Attached Legal Description Exhibit ".A".
Ci
n
`r,
And the grantor hereby covenants to and with the said grantee and grantee's heirs, successors and assigns that said real
property is free from encunbrancos created or suffered thereon by grantor and that grantor will wart ant and defend the same
and every part and parcel thereof against the lawful claims and demands of all persons claiming by, through, or under the
ograntor except: covenants, conditions, restrictions, right of way,
Z easements and reservations of record. This Deed is given in fulfillment .)f that
certain Real Estate Contract between the parties hereto, dated June I , 1')95,
Recorded on June 2, 1995 under Fee No. 95038094
ZZ
rn
Z The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 245 ,000.00
a
`r+ F
Dated this 13 t.ltay of February, 1997 ;if this deed is given by a corporate grantor, its lame is
signed by its authorized officers by authority of the Board of Directors.
Steven R. Gordon
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK
WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930.
STATE OF OREGON,County of !.•.)G-t.• ,-a7 STATE OF OREGON,County of
Personally appeared Steven B. Go r-dcgrsonally appeared
who, being duly sworn,each for himself and not one for the o'rher, did say that
the former is the pros.&that the latter is the secretary of
and acknowledged the foregoing
instrument to be h r.s voluntary act and deed. and that this instrument was signed on behalf of the corporation, by authority of
its board of directors and is a;knowlodged to be its voluntary ace and deed.
Before me: February i8, 1997 rt.i..- .:
30437 N—
re me.
J. „ GO
• OJ mo.0F.F:FCIA.L SmEcA
Notes ry Public for Or ego comMISS
v..0 27 Aglq, 0 Public for Ore on
rr ,,,,pmES '
My commission expires:
MY C4i1�`.lI 'I�N My commission expires:
Atter recording return to: STATE OF OREGON.
Mr. and Mrs. Jack Henderson
9075 SW Burnham Street
Tigard, Oregon 97223 County of
I certify that the within Instru-
ment was received for 7rcord on the
day of— ,19
at o'clock M., a9d recorded in
-.-- book/reeVvolume No. on
Until a change is requested all tax statements pare_ or as fee/file instrument/
shall be sent to the following acklfess. --
microfilm/reception
Mr. and Mrs. Jack Henderson Records of Deeds of said county.
9075 SW Burnham Street • Witness my hand and seal of
Tigard, Oregon 97223
County affix-ed.
NAME TITLE.
BY Deputy
Form No.502-Computer
DESCRIPTION
A part of the George Richardson Donation Land Claim No. 38 in Section 2, Township
2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County
of Washington and State of Oregon, described as follows:
Beginning at a point in the center of County Road No. 997 North 45°46' West
809.84 feet from the most Easterly corner of that certain tract of land conveyed
to Charles Burnhar i by Deed recorded in Book W, Page 162, Deed Records of
Washington County, Oregon; running thence North 42°19' East 399.00 feet to the
Westerly line of right of way of the Oregon Electric Railway Company; thence
North 42°37' West along said right of way line 108.80 feet; thence South 42°19'
West 405 feet to the center of the County Road No. 997; thence South 45°46' East
108.40 feet to the place of beginning, subject to the rights of the public in and
to that portion thereof contained within the boundaries of said county road.
December 18, 1996 '° 4161158E
3
TIGARD ALIGNMENT & AUTO REPAIR
November 3, 2000
City of Tigard
13125 SW Hall Blvd
Tigard, Or. 97223
I am requesting removal of two small islands in my parking strip, primarily for the reason of
making it easier to turn into my building. As it is now, my driveway is so narrow it is difficult to
make that sharp of a turn.
I am trying to coincide this effort with the City of Tigard's sewer project, where they will be
tearing up my driveway and then repairing it. In addition, I plan to move or replant the trees to a
different location at the rear of the property near the railroad tracks.
I have measured my entire landscaping and I will still exceed the 15% requirement by
approximately 465 square feet(7%) without the islands being there.
I have been discussing this project with Vannie Nguyen and Julia Hajduk. They may be able to
answer questions or please call me at the above telephone number.
Sincerely,
Jack R. Henderson
? ic, 41-e'"`r)'1---
9075 SW BURNHAM RD., TIGARD, OR 97223 • (503) 639-1768 • FAX (503) 639-6957
' ilk
MEMORANDUM
CITY OF TIGARD
TO: Property Owners, Builders and Developers
FROM: Planning Division
DATE: November 26, 1998
SUBJECT: SITE DEVELOPMENT REVIEW MODIFICATION PROCEDURES
The Community Development Code permits the Director to approve, approve with Conditions or deny
expansions to existing permitted uses. The Planning Division requires two sets of architectural
elevations, site and landscape plans. The cost for this type of review is $100. To review a
modification as a Minor Modification, the Director must first find that the expansion does not invoke
one or more of the 11 criteria discussed within Section 18.360.050(B) of the Tigard Development
Code. If the modification exceeds the maximum allowed under any one or more of the
following criteria, a Major Modification review is required. Major Modifications are processed
in the same manner as a new Site Development Review.
Below is a list of the criteria in Section 18.360.050(B) including an example of a response to each. To be
considered a complete application, a Minor Modification request must provide detailed answers to each
of the following code criteria:
1. An increase in dwelling unit density or lot coverage for residential development. The
proposal does not involve a residential development, therefore, this standard does not apply.
2. A change in the ratio or number of different types of dwelling units. This criterion is not
applicable, as this request does not involve a residential development.
3. A change that requires additional on-site parking in accordance with Chapter 18.765. The
required parking for this use is one space per square feet of gross floor area. With
the addition of square feet, the building will equal square feet. Therefore,
parking spaces are required for the project. The plans indicate a total of parking
spaces will be provided with the project, in compliance with the minimum standard.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. No change in the structural occupancy type of the building is proposed.
Therefore, this criteria is not applicable.
5. An increase in the height of the building(s) by more than 20 percent. No increase in the
height of the existing building is proposed. The proposed expansion will match the height of the
existing building, thereby, satisfying this criteria.
MINOR MODIFICATION TO SDR PROCEDURES PAGE 1 OF 2
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected. This request will not require a change in accessways or parking areas
where off-site traffic would be affected. In compliance with this criteria.
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day. The Minor Modification submittal included a trip generation
study. The consulting traffic engineer determined the expected number of new trips to the site
based on the trip generation rates of the current edition of the Traffic Engineering Manual.
Based on this study, the applicant states that the proposed expansion will not generate or
exceed 100 additional vehicle trips to the site each day. Staff concurs with these findings.
NOTE: A traffic generation study may be necessary, but is not required in every case. Please discuss this with the staff assigned to the
project for a determination.
8. An increase in the floor area proposed for a non-residential use by more than ten percent
excluding expansions under 5,000 square feet. The modification will increase the floor area
from square feet to square feet. The net increase is a total of
square feet or %, therefore, this standard has been satisfied.
9. A reduction in the area reserved for common open space and/or usable open space that
reduces the open space area below the minimum required by this code or reduces the
open space area by more than ten percent. There is no area reserved for common open
space, therefore, this standard does not apply to the proposal.
10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping
provisions) below the minimum established by this code or by more than ten percent
where specified in the site plan. The proposed building addition will result in the removal of
some landscaping, however, the proposal also involves the reduction of parking spaces that will
be replaced with landscaping. The applicant has demonstrated how the site will continue to
provide the required 15% landscaping in the information submitted. Prior to final occupancy, the
applicant must verify that 15% landscaping is being maintained.
11. A modification to the conditions imposed at the time of Site Development Review
approval that are not the subject of criteria 1 through 10 above. The applicant has provided
findings that demonstrate the modification will not preclude conformance to the original Site
Development Review's Conditions of Approval, satisfying this criteria.
Secondly, the Director must find that the proposed change complies with the underlying standards of the
applicable zoning district. To complete this review, the Applicant's proposal must include a discussion
indicating how the site expansion will continue to comply with minimum setback, building height, parking
and landscaping standards. Other applicable requirements such as minimum Clear Vision areas near
driveways and street intersections may also be applicable depending on where the building expansion is
proposed to be constructed on the site.
Depending on the Planning Division's work load, a Minor Modification request can typically be reviewed
within two calendar weeks. Upon review of the request, Planning Division Staff will issue a decision to
the applicant by letter.
is urpin\masters\revisedlminormod.sdr
11126/98
MINOR MODIFICATION TO SDR PROCEDURES PAGE 2 OF 2
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