HOP1998-00078 i .•
CITY OF TIGARD
Community(DeveCopment
Shaping)4 Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF DECISION BY THE PLANNING DIRECTOR
TYPE II HOME OCCUPATION
This is to notify property owners within 250 feet, that the below named person(s) have been approved
for a Home Occupation Permit.
120 DAYS=11/18/98
EFFECTIVE DATE: AUGUST 11,1998
Business Name: Scott Bernhard DC DBA: (Same as business name)
Name of Applicant: Scott Bernhard File No.: HOP 98-0078/Type II
Property Address: 10895 SW Tigard Street City: Tigard State: OR Zip: 97223
Tax Map & Lot No.: 1 S134DD, Tax Lot 00700 Zone: R-4.5
Nature of Business:The Applicant Has Obtained Preliminary Approval For The Use of a Portion of Their
Residence To Perform Chiropractic Health Care.
Notice is hereby given that the Planning Director's Designee for the City of Tigard has APPROVED this Home
Occupation. No business activity shall begin until after the appeal period has expired.
THIS HOME OCCUPATION IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. Home occupations may be undertaken only by the principal occupant(s) of a residential property;
2. There shall be no more than three deliveries per week to the residence by suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the
property line resulting from the operation. Home occupations shall observe the provisions of the Tigard
Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure.
The total area which may be used in the accessory building for either material product storage and/or the
business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of
materials and products shall not occupy more than 25 percent of the combined residence and accessory
structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed
by the provisions of the building, fire, health and housing codes;
5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a
dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in
conformance with TCDC Chapter 18.144 of this title;
6. More than one (1) business activity constituting two or more home occupations shall be allowed on one
property, only if the combined floor space of the business activities does not exceed 25 percent of the
combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a
separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1)
Business Tax if the same owner is operating more than one approved business at the same location.
Although payment for each separate business is not required, it is required that all names of the businesses'
which are currently in operation at that location be specifically listed on the Business Tax Certificate and be
visibly posted at the business location.
HOP 98-0078/TYPE II DBA: SCOTT BERNHARD DC NOTICE OF DIRECTOR'S DECISION
. —There shall be no storage 'or distribution of toxic or flammable rr -ials, and spray painting or spray
finishing operations that invc. toxic or flammable material which in thL gment of the Fire Marshall pose a
dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are
engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data
Sheets which pertain to all potentially toxic and/or flammable materials associated with the use;
8. No home occupation shall require any on or off-street parking other than that normally required for a residence.
9. The following uses are not allowed as home occupations:
(a) Auto-body repair and painting.
(b) Ongoing mechanical repair conducted outside of an entirely enclosed building.
(c) Junk and salvage operations.
(d) Storage and/or sale of fireworks.
10. There shall be no exterior storage of vehicles of any kind used for the business except one commercially
licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or
screened area.
11. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid
fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
TYPE-II HOME OCCUPATIONS ALLOW THE FOLLOWING ACCORDING TO THE TCDC CHAPTER
18.142.050:
(a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or
accessory structure or placed in a window;
(b) No more than one outside volunteer or employee who is not a principal resident of the premises;
(c) No more than six daily customers or clients. Customers and clients may not visit the business
between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize
on-street parking;
(d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence.
Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
If any of the preceding conditions are not met,this Home Occupation Permit will be immediately invalidated.
Notice was posted at City Hall and mailed to: XX The applicant and owners.
XX Owners of record within the required distance.
DATE OF FILING: JULY 31, 1998
THIS DECISION SHALL BE FINAL ON MONDAY,AUGUST 10,1998,UNLESS AN APPEAL IS FILED.
Any party to the decision may appeal this decision in accordance with Section 18.32.370 of the Community Development
Code which provides that a written appeal must be filed with the CITY RECORDER within ten (10) days after notice is given
and sent.
THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON AUGUST 10,1998.
If you have any questions, please call the City of Tigard Planning Division at Tigard City Hall, Community Development
Department, 13125 SW Hall Boulevard, Tigard, Oregon 97223, (503)639-4171.
July 31, 1998
PREPARED BY: James Duckett, Development Servvi es Technician DATE
.�.– July 31, 1998
APPROVED BY: Richard Bewersdorff, Plannin anager DATE
HOP 98-0078/TYPE II DBA: SCOTT BERNHARD DC NOTICE OF DIRECTOR'S DECISION
MAILING /
NOTIFICATION
RECORDS
AFFIDAVIT OF MAILING CITYOFTIGARG
Community Development
Shaping Better Community
STATE, OAF o(EGON )
County of Washington )ss.
City of Tigard )
I, Vivian L. %mmo, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist I for the City
of Tigard, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s)below}
® NOTICE OF DECISION FOR:. HOP 98-0078/SCOTT BERNHARD DC
El AMENDED NOTICE (File No/Name Reference)
® City of Tigard Planning Director
❑ NOTICE OF PUBLIC HEARING FOR: : ` I
AMENDED NOTICE (File No/Name Reference) (Date of Public Heanng)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
1 I NOTICE OF FINAL ORDER FOR: . I
❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
NOTICE OF: FOR: .
(Type;Kind of Notice) (File No/Name Reference) (Date of Public Hearing,if applicable)
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES] of which is attached,
marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhibit"B", on the 31 day of July ,1998, and deposited in the United States Mail on the 31
day of July ,1998, postage prepaid.
(Person that Prepared Notice)
"-5
Subscribed and sworn/affirmed before me on the :-PY day of a / .r , 19
`.,�� OFFICIAL SEAL
-'n•; f�- DIANE M JELDERKS �r 1
�/ NOTARY PUBLIC-OREGON {/` / (12.(2 y(1 4--.)'
®;;;� COMMISSION NO.046142 NOTARY PUBLIC OF OREGON /
MY COMMISSION EXPIRES SEPTEMBER 07.1999
My Commission Expires(C?/7/9/
4411‘1,,
L!\Ili :,i CITY OF TIGARD
Community DeveCapment
Shaping Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF DECISION BY THE PLANNING DIRECTOR
TYPE II NOME OCCUPATION
This is to notify property owners within 250 feet, that the below named person(s) have been approved
for a Home Occupation Permit.
120 DAYS=11/18/98
J EFFECTIVE DATE AUGUST 11,1998
Business Name: Scott Bernhard DC DBA: (Same as business name)
Name of Applicant: Scott Bernhard _ File No.: HOP 98-0078/Type II
Property Address: 10895 SW Tigard Street City: Tigard State: OR Zip: 97223
Tax Map & Lot No.: 1S134DD, Tax Lot 00700 Zone: R-4.5
Nature of Business:The Applicant Has Obtained Preliminary Approval For The Use of a Portion of Their
Residence To Perform Chiropractic Health Care.
Notice is hereby given that the Planning Director's Designee for the City of Tigard has APPROVED this Home
Occupation. No business activity shall begin until after the appeal period has expired.
THIS HOME OCCUPATION IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. Home occupations may be undertaken only by the principal occupant(s) of a residential property;
2. There shall be no more than three deliveries per week to the residence by suppliers;
3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the
property line resulting from the operation. Home occupations shall observe the provisions of the Tigard
Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards;
4. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure.
The total area which may be used in the accessory building for either material product storage and/or the
business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of
materials and products shall not occupy more than 25 percent of the combined residence and accessory
structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed
by the provisions of the building, fire, health and housing codes;
5. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a
dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in
conformance with TCDC Chapter 18.144 of this title;
6. More than one (1) business activity constituting two or more home occupations shall be allowed on one
property, only if the combined floor space of the business activities does not exceed 25 percent of the
combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a
separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1)
Business Tax if the same owner is operating more than one approved business at the same location.
Although payment for each separate business is not required, it is required that all names of the businesses'
which are currently in operation at that location be specifically listed on the Business Tax Certificate and be
visibly posted at the business location.
HOP 98-0078/TYPE II DBA: SCOTT BERNHARD DC NOTICE OF DIRECTOR'S DECISION
7. There shall be no storage 'or distribution of toxic or flammable r vials, and spray painting or spray
finishing operations that inv. toxic or flammable material which in th. .Igment of the Fire Marshall pose a _
dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are
engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data
Sheets which pertain to all potentially toxic and/or flammable materials associated with the use;
8. No home occupation shall require any on or off-street parking other than that normally required for a residence.
9. The following uses are not allowed as home occupations:
(a) Auto-body repair and painting.
(b) Ongoing mechanical repair conducted outside of an entirely enclosed building.
(c) Junk and salvage operations.
(d) Storage and/or sale of fireworks.
10. There shall be no exterior storage of vehicles of any kind used for the business except one commercially
licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or
screened area.
11. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid
fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
TYPE-II HOME OCCUPATIONS ALLOW THE FOLLOWING ACCORDING TO THE TCDC CHAPTER
18.142.050:
(a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or
accessory structure or placed in a window;
(b) No more than one outside volunteer or employee who is not a principal resident of the premises;
(c) No more than six daily customers or clients. Customers and clients may not visit the business
between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize
on-street parking;
(d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence.
Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or
the required side yard setback.
If any of the preceding conditions are not met,this Home Occupation Permit will be immediately invalidated.
Notice was posted at City Hall and mailed to: XX The applicant and owners.
XX Owners of record within the required distance.
DATE OF FILING: JULY 31, 1998
THIS DECISION SHALL BE FINAL ON MONDAY,AUGUST 10,1998,UNLESS AN APPEAL IS FILED.
Any party to the decision may appeal this decision in accordance with Section 18.32.370 of the Community Development
Code which provides that a written appeal must be filed with the CITY RECORDER within ten (10) days after notice is given
and sent.
THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON AUGUST 10,1998.
If you have any questions, please call the City of Tigard Planning Division at Tigard City Hall, Community Development
Department, 13125 SW Hall Boulevard, Tigard, Oregon 97223, (503)639-4171.
July 31, 1998
PREPARED BY< James Duc ett, Development Servikes Technician DATE
� _ July 31, 1998
APPROVED BY: Richard Bewersdorff, Plannin anager DATE
HOP 98-0078/TYPE II DBA: SCOTT BERNHARD DC NOTICE OF DIRECTOR'S DECISION
SOP old' 007 ' 5( ,77- a ,exv,/-/--4z) I0/46E_ /c
1S134DB-03800 1S134DC-03000
TOWERY ROBERT W&HELEN G TRS SCHOOL DISTRICT NO.23J
10920 SW NORTH DAKOTA ST 13137 SW PACIFIC HWY EXHIBIT
TIGARD,OR 97223 TIGARD,OR 97223 B
1S134DC-09600 1S134DC-09700
BRYANT DONNA J&ROSS A LOWE LARRY C&ROSE M
11545 SW CORNELL PL 11523 SW CORNELL PL
TIGARD,OR 97223 TIGARD,OR 97223
1S134DC-09800 1S134DC-09900
EIDSON DONALD L AND MARY H ADAMSKI CURTIS R
11501 SW CORNELL PL 4109 FIR ST
TIGARD, OR 97223 VANCOUVER,WA 98660
1S134DC-10000 1S134DC-10100
KELLEY KEVIN ROBERT&JANICE MA WHITTAKER JEFFREY S&ANITA L
11463 SW CORNELL PL 11452 SW CORNELL PL
TIGARD,OR 97223 TIGARD,OR 97223
1S134DC-10200 1S134DC-10300
TRAPP JAMES THOMAS&DEBBIE LOU BOWKER LEANNE MARIE
11474 SW CORNELL PL 11496 SW CORNELL PL
TIGARD, OR 97223 TIGARD,OR 97223
1S134DC-10400 1S134DC-10500
WHIFFIN SHARON K COBURN KELLY E&TERRIA L
11512 SW CORNELL PL 11534 SW CORNELL PL
TIGARD, OR 97223 TIGARD,OR 97223
1S134DC-10600 1S134DD-00300
BERNARD KYLE L& LISA B MAI HIEP
11556 SW CORNELL PL 10755 SW TIGARD ST
TIGARD,OR 97223 TIGARD,OR 97223
1S1 34DD-00400 1 S 134DD-00501
BURGHARDT JOSEPH W FITZGERALD ROBERT A AND
10805 SW TIGARD AVE 10835 SW TIGARD AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S1 34 DD-00502 1S1 34DD-00700
BURGHARDT THOMAS&AMY BERNHARD MARILYN RAE
10823 SW TIGARD ST 10895 SW TIGARD ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134 DD-00800 1 S 134DD-00900
EVANS ROBERT A AND LAUREL A SCHOOL DISTRICT 23J
10905 SW TIGARD ST 13137 SW PACIFIC HWY
TIGARD,OR 97223 TIGARD,OR 97223
•
0!? 9/-007f 77"-- 6E4/t1/- �e 1.) /JC, ca
1S134DD-02100 1S134DD-02200
HEATH ROGER C AND DIANNE S ALEXANDER FERD F&CATHERINE M
11445 SW 107TH PLACE 21820 SW ELWERT RD
TIGARD, OR 97223 SHERWOOD, OR 97140
:E• -,•l•. scarf BEAD
10895 : Tiga • - --t 10895 S.A1 TIGARD SI= P
TIGARD CR 97223
APPLICANT
MATERIALS
- , .
CITY OF TIGARD HOME OCCUPATION APPLICATION (TYPE II)
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 FAX: (503)684-7297
GENERAL INFORMATION
Property Address/Location: In I .� \1� 1 \ --�
- 1
Tax Map &Tax Lot#: 1 �j I.z t .3).9 -0070r)
DATE OF PRE-APP
Site Size: ' L I I 1 t.1 C- EP_R STAFF USE ONLY
'� Case No.(S):T
Property Owner/Deed Holder(s)': Q� k,\\\ru,�'`c
Cc���
Address: )Q ?q�j, i-4-1�� —j` a ,q Other Case No_(S):
`� Phone: 3�f~ I'1 3::.
r , Receipt No:
City/State: 7 t t� Cl. t,c-c Zip: '� 7 L- Z
7'' Application Accepted by:
applicant: -X l i �E4)-1..-1 WC.,,...,-,c Date: --_
Address: <pate Determined to Be Completed:
„`C, Phone
City/State: Zip:
:::::Comp Plan/Zone Designation:
Business Name: • ('/Ct 4( 1E r .h\ k\ct <, 't ,
CIT Area:
Business Tax Paid?
NO ( ) YES { ,)
*When the owner and the applicant are different people, the applicant must be REQUIRED SUBMITTAL
the purchaser of record or a lessee in possession with written authorization from ELEMENTS
the owner or an agent of the owner(s). The owner(s) must sign this application in
the space provided on the back of this corm or submit a written authorization with ✓ Application Elements Submitted:
this application.
❑ Application Form
PROPOSAL SUMMARY Q Owner's Signature
The owners of record of the subject property request approval of a Home Occupation Permit to ❑ Written Authorization
allow(please be specific): tt _ �� ❑ Title Transfer Instrument or Deed
Ch.YC1f vr, c ♦: C. f�� ��. ��L c2 1• e
❑ Site/Plot Plan
of copies based on Pre-App ck list)
SPECIFICATIONS mr Site/Plot Plan (8 1/2 X 11•size)
G Applicant's Statement
Specify whether you are using a detached building on your property and give 19' Filing Fee $255.00
dimensions: Hp -
PRE-APP HELD WITH:
l:hop2.doc(DST)6/97 1
► - -
List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application
ta-V._ 1-C I, C tv't.) I
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the font 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, including but not limited to:
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,
are true; and the applicant(s) 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(s) 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 lroperty.
DATED this lt � day of
1, ••. , 19 ___
Applicant's Signature" Co-Applicant's Signature
/ /, / i ice/.✓_, / ,-
W �nature (if different than applicant) Co-Owner's Signature (if different than applicant
I:hop2.doc(DST)6/97 2
TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING
QUESTIONS:
1. Will you have any paid employees working in the home in conjunction with the business who are not
residents of the home? 1 _
2. Will you have customers/clients coming to your residence? If so, how many per day?
4 — 4-0
3. Will you have deliveries or pickups made of products or supplies to your residence? If so, how many and
what type? ��
4. What will your hours and days of operation be?
5. Will the business generate any noise which can be heard outside of the structure?
O • _t i f, L f"
6. How many square feet is your residence and how many square feet will be devoted to the operation of your
business, including storage areas?
( 3 cam ?�1 �S
7. Will you have any signs or advertising visible from the exterior of the premises?
a 7Crst_
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8. Please show the floor layout of your house and the area to be used for your home occupation on the
graph paper on the back of this page. Please designate those areas which shall be utilized 1.) entirely for the
-dome occupation and 2.) partially for the home occupation. Please designate the approximate dimensions of
the room(s) to be used for the home occupation.
I:hop2.doc(DST)6/97 3
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July 21, 1998
Jim Duckett
City Of Tigard
SW Hall
Tigard, Or 97223
RE: Home Occupation Type II
Scott Bernhard
10895 SW Tigard St.
Tigard, Or 97223
(503) 639-4733
Dear Jim:
Pursuant to your request as stated in our phone conversation on Friday July 17, 1998 I
am submitting the following.
The square footage of my home and the attached garage is as follows.
Downstairs of the home is 1735 Sqr. Ft. and the upstairs measures to 748 Sqr. Ft. with
2483 as total for home. The unattached garage is 645 Sqr.Ft.
The d-•ica?ed area for the horn- • ..tion is 635 Sqr. Ft.
Sin ere .g
I
Scott Bernhard
July 21, 1998
Jim Duckett
City Of Tigard
SW Hall St.
Tigard, Or 97223
RE: Sign
140 liv42—, C-C.,-)c -Dt
Dear Jim:
This is to inform you that the sign mounted by the mail box has been removed.
Sincerely
Scott Bernhard
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Information on Ills map is far general location only and
shouts be verified with the Development Services Divisiplt
13125 SW Hall Blvd
—CO Tgerd,OR 97223
(503)639-4171
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e•___ _ ∎e. �_ - Plot date:Jul 28, 1998;c:\rrlagiclrnagic01.apr