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HOP2001-00084 NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2001-00084 ..(4 CITY OF TIOARD KILGORE AUTO SALES Community'Development Shaping Better Community 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: KILGORE AUTO SALES FILE NO: Home Occupation Permit (HOP) HOP2001-00084 APPLICANT: Kim Kilgore Auto Sales OWNER: Kim Kilgore 10445 SW 90th Avenue 10445 SW 90th Avenue Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation Permit to operate an auto sales office at the single-family residence listed below. Applicant foresees selling 1 to 3 cars per month. COMPREHENSIVE PLAN DESIGNATION: Light Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10445 SW 90th Avenue; WCTM 1S135AB, Tax Lot 03201. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 1 OF 5 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE JODI BUCHANAN IN THE PLANNING DIVISION AT (503) 639-4171. 1. All Home Occupation standards discussed in this decision and detailed in the City of Tigard Development Code Section 18.742 as indicated below, must be complied with at all times. 2. Customers of the business must be directed to park in the driveway and not utilize on-street parking. 3. Exterior signage must not exceed one (1), non-illuminated sign, no larger than 1.5 square feet, which shall be attached to the residence or placed in a window. 4. The Home Occupation may only be conducted within those rooms designated on the site plan. SECTION III. PUBLIC COMMENTS RECEIVED No comments were received. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed home occupation is being undertaken by the property owner who is the principal occupant of the property. Therefore, this criterion is satisfied. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be one to three customers per month, which falls within the parameters of this standard. Therefore, this criterion has been satisfied. 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; No offensive noise, vibration, smoke, dust, odors, etc., are anticipated based on the proposed home occupation business. Therefore, this standard has been met. 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; HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 2 OF 5 The applicant has provided a site plan illustrating that the business will be limited to a 430 square foot detached accessory structure. No square footage of the residence will be utilized by the business. Since the total square footage of the dwelling is 1,440 square feet, the total square footage of both the residence and the accessory structure is 1,870 square feet. Therefore, the proposed business will take 22% of the property, meeting the 25% standard. Therefore, this standard has been met. 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; No changes to the dwelling are proposed. Therefore, this criterion does not apply. 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. There are no other home occupations approved for this site. Therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment 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 Marshall, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; No storage or distribution of toxic or flammable materials is anticipated based on the proposed use. Therefore, this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has indicated that there will be no employees working in the home in conjunction with the business that are not residents of the home. On-street parking should be unnecessary if the home occupation standards are being met. The Tigard Development Code states that the Director may impose conditions upon the approval of a Type II Home Occupation Permit to insure compliance with the requirements of the Home Occupation chapter. Staff, therefore, finds that a condition stating that the customers of the business must be directed to park in the driveway and not utilize on-street parking is warranted. With the condition, this criterion will be satisfied. The following uses are not allowed as home occupations: ♦ Auto-body repair and painting; ♦ Ongoing mechanical repair conducted outside of an entirely enclosed building; ♦ Junk and salvage operations; and ♦ Storage and/or sale of fireworks. HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 3 OF 5 The proposed home occupation does not involve any of the above uses. Therefore, this criterion has been satisfied. 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; The applicant has stated that any vehicle for sale will be parked within the 430 square foot accessory structure. No exterior storage of vehicles is proposed or anticipated. Therefore, this criterion has been satisfied. 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; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TCDC chapter 18.142.050: ♦ 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; ♦ No more than one outside volunteer or employee who is not a principal resident of the premises; ♦ 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; and ♦ 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. The applicant has indicated that a sign will be visible from the exterior of the premises. It is conditioned that this sign must meet the standards listed above. There will not be any full time employees other than the residents of the home. The applicant has indicated that there will be 1 to 3 customers per month. The Code allows up to 6 clients at the site, per day. The applicant has indicated that no clients will be coming to the site between the hours of 10:00 p.m. and 8:00 a.m., Monday-Friday. Excessive traffic will not be created because, at maximum, the increase will only be an additional 6 vehicle trips per month (3 clients x 1 trip to and 1 trip from the site). As previously stated, no storage of materials are proposed or anticipated. Based on the above analysis, with the condition that the exterior sign meets the Home Occupation Permit sign standards, the criteria for a Type II Home Occupation Permit have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 4 OF 5 Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 4, 2001 AND EFFECTIVE ON SEPTEMBER 19, 2001 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party withstanding, as provided in Section 18.390.040.G.1., may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. ITHE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 18, 2001. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. e � ` ��nom, August 31, 2001 EP ED BY/1/ Buchanan DATE Current Planning m , , fi 4lifiz ' August 31, 2001 �� 1. 9 APPROVES BY: Dick B 'sd DATE Current Planni g Manager HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 5 OF 5 ' P- CITY of TIGARD rn 7 I-. —1 0 OEOORAPNIC INFORMATION SYSTEM - - / N VICINITY MAP CORAL - ST i I I 1 HOP2001-00084 l - 31 " - IP KILGORE AUTO SALES Ih i _, ll.El LOCUST ST ) '■__Afri Ei N i 7 m ? 1114.111 u• •LELEAF ST W- I I Ilij IIIIIIECT SIT: l--� a _ I cz,N _,s / ST \ i OAK / — ,9 Ls.....................V PINE ST • I 0 100 200 300 400 500 NM \ 1"4 378 feet LN , SPRJCE ST 0 alb iii ui _ I I City of Tigard 4 Information on this map is for gan.nl location only and should bs v.Tifi.d with the Development Services Division. THORN ST 1 Blvd 3 T rd,OR 972 1--- T 1-1 ( 839-4171 htlp:Hwww.ci.tigard.or us Plot date:Aug 16,2001;C:\magic■MAGIC03.APR Community Development MAILING / NOTIFICATION RECORDS A AFFIDAVIT OF MAILING >O. CITY OF TIOARD Community(Development Shaping Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard;'Washington County, Oregon and that I served the following: (Check Appropnafe Box(s)Below) © NOTICE OF DECISION FOR: HOP2001-00084/KILGORE AUTO SALES ❑ AMENDED NOTICE (File No/Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on September 4,2001, and deposited in the United States Mail on September 4,2001, postage prepaid. (Person t at 'repared Not ce) STATE OAF OEGON ) County of Washington )ss. City of Tigard i�Y Subscribed and sworn/affirmed before me on the day of a , 2001. OFFICIAL SEAL DIANE M JELDERKS / NOTARY PUBLIC-OREGON COMMISSION NO.326578 '1 'I`` / ��'/ MY COMMISSION EXPIRES SEPT.07,2003 I' r r I ; I I My Commission Expir 7 63 UHF '7A NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2001-00084 CITY OFTIGARD Community Deve1opment KILGORE AUTO SALES ShapingA Better Community 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: KILGORE AUTO SALES FILE NO: Home Occupation Permit (HOP) HOP2001-00084 APPLICANT: Kim Kilgore AHto Sales OWNER: Kim Kilgore 10445 SW 90 Avenue 10445 SW 90th Avenue Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation Permit to operate an auto sales office at the single-family residence listed below. Applicant foresees selling 1 to 3 cars per month. COMPREHENSIVE PLAN DESIGNATION: Light Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10445 SW 90th Avenue; WCTM 1 S135AB, Tax Lot 03201. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 4, 2001 AND BECOMES EFFECTIVE ON SEPTEMBER 19, 2001 UNLESS AN APPEAL IS FILED. A eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 18, 2001. I Questions: For further information please contact the Planning Division Staff Planner, Jodi Buchanan at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 1 i I / "7'''' / -7 ( T / / VICINITY MAP CORAL _ J j i 1 H ( i HOP2001-00084 II E'7---- _ 1 KILGORE AUTO SALES T Sr _ .111 MIIIIIIII SUBJECT SIT= -r 01 11li ■ =11 ! 11111 1 - I� PINE ST mll II I N Ili■ I Alt": *- =- A ili.. !mom . caw ■■. rrr.r.rrr'wrr.gw iii 6.11.11W WM* 1161Mr1.. L /-IoPvoi- s'4 :S135AA-01200 • 1S135AA-01000 • EXHIBIT B ALLISON M DEAN&DOROTHY D FINEVIEW FARM LLC do ALLISON ANNETTE C 1430 EASTSIDE RD 8870 SW MAPLELEAF ST HOOD RIVER,OR 97031 PORTLAND,OR 97223 1S 135AA-03900 1 S 135AA-01301 BAYARD MICHEL L& FINE FARM LLC TROWT TOBY ELLEN 1430 SIDE RD 20555 BOWERY LN HO RIVER,OR 97031 BEND, OR 97701 1 S 135AA-04100 1 S 135AC-03801 BURIAK LORRAINE ANN FOREIGN MISSION FOUNDATION 7825 SW MILLER HILL RD 10875 SW 89TH AVE ALOHA, OR 97007 TIGARD,OR 97223 1 S 135AA-04101 1 S 135AA-03902 CALLAHAN JAY PATRICK HAZARD SANDRA 8945 SW OAK ST 8914 SW OAKWAY TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AA-03901 1S 135A8-03304 CHEPIN JOHN KEEGAN THOMAS E&JEAN D& 8911 SW OAK ST KEEGAN JAMES C TIGARD,OR 97223 27987 HWY 213 MULINO,OR 97042 1S 135AB-03403 1 S 135AB-03201 COUNTRYWIDE HOME LOANS INC KILGORE KIM&PAULA 400 COUNTRYWIDE WAY 10445 SW 90TH AVE MS/SV-35 TIGARD,OR 97223 SIMI VALLEY,CA 93065 1S 135AB-03203 1S 135AA-01002 CURNES MELINDA L& KINDRICK CHARLES C AND SHELDON DUANE C DEBRA A 10425 SW 90TH AVE 10320 SW 90TH TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AB-03303 1 S 135AA-01101 DALTON MICHAEL L KUHN EUGENE P PAMELA L 1700 SW 90TH AVE 10340 SW 90TH PORTLAND,OR 97225 TIGARD,OR 97223 1 S 135AC-03800 1 S 135AA-01102 DAVIS EUGENE MACLAREN ROBERT P 10875 SW 89TH 10360 SW 90TH TIGARD,OR 97223 PORTLAND,OR 97223 is 135AC-03900 1S 1 35AB-03200 DAVIS GENE&VIVIAN MCKINLEY DUANE VAN TRUSTEE 10875 SW 89TH AVE 631 MUSKRAT LAKE RD TIGARD,OR 97223 SAGLE,ID 83860 1 S 135AC-04400 0 1S 135AB-03202 S ORLAND LTD PRINCE KEITH D&KRISTIN L BY KENTON R BARNES 10455 SW 90TH AVE 222 SW COLUMBIA ST#1625 TIGARD,OR 97223 PORTLAND,OR 97201 1 S 135AC-04000 1S 135AA-00401 X OR ND TD ROWE SHIRLEY I BY K ON R BARNES WOOD JUDY 222 S OLUMBIA ST#1625 1027 SW GROVER PO LA ,OR 97201 PORTLAND,OR 97201 1 S 135AD-01303 1 S 135AA-01001 OR N LTD SAVAGE PETER A AND ANN MARIE BY TON R BARNES 10300 SW 90TH AVE 22 OLUMBIA ST#1625 TIGARD,OR 97223 PORTLA D,OR 97201 1 S 135AC-04100 1S 135AA-04000 X OR N LTD SMITH ROGER W BY K TON R BARNES JACQUELYN M 222 OLUMBIA ST#1625 8935 SW OAK ST PO TLA ,OR 97201 TIGARD,OR 97223 1 S 135AC-04300 1 S 135AB-01002 OR AN LTD SPIEKER PROPERTIES L.P. BY K TON R BARNES 10260 SW GREENBURG RD#100 222 OLUMBIA ST#1625 PORTLAND,OR 97223 P TLA ,OR 97201 is 135AB-03300 1S 135A8-034 OR N LTD SPIEK OPERTIES L.P. BY TON R BARNES 10260 GREENBURG RD#100 22 COLUMBIA ST#1625 PORT ND, R 97223 P RTLA D,OR 97201 1 S 135AB-03302 1S 135AB-00700 OR N LTD OR PROPERTIES LP BY TON R BARNES 10260 SW GREENBERG RD 222 COLUMBIA ST#1625 PORTLAND,OR 97223 P RTLAND,OR 97201 15135AC 4200 1S135AB-01004 OR LTD SPIEK OPERTIES LP BY TON R BARNES 10260 S GREENBERG RD 22 OLUMBIA ST#1625 PORT N ,OR 97223 P RTLAND,OR 97201 1 S 135AA-00901 1S 135AB-03205 PACIFIC CREST PARTNERS INC STANTON KAREN 1430 EASTSIDE RD 10435 SW 90TH AVE HOOD RIVER,OR 97031 TIGARD,OR 97223 • 1 S 135AA-01100 1S 135AA-04200 PATERSON BRIAN S&SAMI B SUMMIT DORSEY WAYNE 10370 SW 90TH AVE PO BOX 230998 TIGARD,OR 97223 TIGARD,OR 97281 1 S 135AB-00100 S S WASHINGTON CLACKAMAS CO SCHOOL DIST 23J 13137 SW PACIFIC HIGHWAY TIGARD,OR 97223 1 S 135AB-00100 WAS ING ON CLACKAMAS CO SCH 1ST 23J 13137 PACIFIC HIGHWAY TIG D,OR 97223 1 S 135AB-03401 WA�� \GTON COUNTY SCHOOL DIS T NO 106 . S Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Crag head 12205 SW Hall Boulevard Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: July 30, 2001 AFFIDAVIT OF MAILING CITY OF TIOARD Community Deve(opment Shaping.11(Better Community I, Patricia L. Lunsford:: being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City ofTigard;Washington County, Oregon and that I served the following: (Check Appromate Box(s)Below} © NOTICE OF DECISION FOR: HOP2001-00084/KILGORE AUTO SALES ❑ AMENDED NOTICE (Fde No Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on September 4,2001, and deposited in the United States Mail on September 4,2001, postage prepaid. )74 Ale/4} u 07 ./ (Person that Prepared No ce) STATE OAF OGON ) County of Washington )ss. City of Tigard ,Q n"' Subscribed and sworn/affirmed before me on the day o f f�— , 2001. OFFICIAL SEAL `! DIANE M JELDERKS ,;; ' NOTARY PUBLIC-OREGON MY COMM S5 ONSEOXp RES SEPT.07,2003 (/112/__ ' I ' s: 7 7_7 EXHIBIT A NOTICE OF TYPE II DECISION 4.14, HOME OCCUPATION PERMIT (HOP) 2001-00084 '!!- CITY OF TIGARD KILGORE AUTO SALES Community(Development SkapingA Better Community 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: KILGORE AUTO SALES FILE NO: Home Occupation Permit (HOP) HOP2001-00084 APPLICANT: Kim Kilgore Auto Sales OWNER: Kim Kilgore 10445 SW 90th Avenue 10445 SW 90th Avenue Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation Permit to operate an auto sales office at the single-family residence listed below. Applicant foresees selling 1 to 3 cars per month. COMPREHENSIVE PLAN DESIGNATION: Light Density Residential. ZONING DESIGNATION : R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10445 SW 90th Avenue; WCTM 1S135AB, Tax Lot 03201. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 1 OF 5 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE JODI BUCHANAN IN THE PLANNING DIVISION AT (503) 639-4171. 1 . All Home Occupation standards discussed in this decision and detailed in the City of Tigard Development Code Section 18.742 as indicated below, must be complied with at all times. 2. Customers of the business must be directed to park in the driveway and not utilize on-street parking. 3. Exterior signage must not exceed one (1), non-illuminated sign, no larger than 1.5 square feet, which shall be attached to the residence or placed in a window. 4. The Home Occupation may only be conducted within those rooms designated on the site plan. SECTION III. PUBLIC COMMENTS RECEIVED No comments were received. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed home occupation is being undertaken by the property owner who is the principal occupant of the property. Therefore, this criterion is satisfied. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be one to three customers per month, which falls within the parameters of this standard. Therefore, this criterion has been satisfied. 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; No offensive noise, vibration, smoke, dust, odors, etc., are anticipated based on the proposed home occupation business. Therefore, this standard has been met. 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; HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 2 OF 5 • The applicant has provided a site plan illustrating that the business will be limited to a 430 square foot detached accessory structure. No square footage of the residence will be utilized by the business. Since the total square footage of the dwelling is 1,440 square feet, the total square footage of both the residence and the accessory structure is 1,870 square feet. Therefore, the proposed business will take 22% of the property, meeting the 25% standard. Therefore, this standard has been met. 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; No changes to the dwelling are proposed. Therefore, this criterion does not apply. 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. There are no other home occupations approved for this site. Therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment 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 Marshall, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; No storage or distribution of toxic or flammable materials is anticipated based on the proposed use. Therefore, this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has indicated that there will be no employees working in the home in conjunction with the business that are not residents of the home. On-street parking should be unnecessary if the home occupation standards are being met. The Tigard Development Code states that the Director may impose conditions upon the approval of a Type II Home Occupation Permit to insure compliance with the requirements of the Home Occupation chapter. Staff, therefore, finds that a condition stating that the customers of the business must be directed to park in the driveway and not utilize on-street parking is warranted. With the condition, this criterion will be satisfied. The following uses are not allowed as home occupations: ♦ Auto-body repair and painting; ♦ Ongoing mechanical repair conducted outside of an entirely enclosed building; ♦ Junk and salvage operations; and ♦ Storage and/or sale of fireworks. HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 3 OF 5 • The proposed home occupation does not involve any of the above uses. Therefore, this criterion has been satisfied. 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; The applicant has stated that any vehicle for sale will be parked within the 430 square foot accessory structure. No exterior storage of vehicles is proposed or anticipated. Therefore, this criterion has been satisfied. 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; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TCDC chapter 18.142.050: ♦ 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; ♦ No more than one outside volunteer or employee who is not a principal resident of the premises; ♦ 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; and ♦ 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. The applicant has indicated that a sign will be visible from the exterior of the premises. It is conditioned that this sign must meet the standards listed above. There will not be any full time employees other than the residents of the home. The applicant has indicated that there will be 1 to 3 customers per month. The Code allows up to 6 clients at the site, per day. The applicant has indicated that no clients will be coming to the site between the hours of 10:00 p.m. and 8:00 a.m., Monday-Friday. Excessive traffic will not be created because, at maximum, the increase will only be an additional 6 vehicle trips per month (3 clients x 1 trip to and 1 trip from the site). As previously stated, no storage of materials are proposed or anticipated. Based on the above analysis, with the condition that the exterior sign meets the Home Occupation Permit sign standards, the criteria for a Type II Home Occupation Permit have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X _ Owner of record within the required distance X Affected government agencies HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 4 OF 5 Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 4, 2001 AND EFFECTIVE ON SEPTEMBER 19, 2001 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party withstanding, as provided in Section 18.390.040.G.1 ., may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 18, 2001. I Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. L, 1 (IA , .l /17L212(�.,Z� August 31 , 2001 EP D BY Jodi Buchanan DATE Current Planning /6 ' i , - -_ l�cee-//& / ::.. . August 31, 2001 APPROVE I BY: Dick Bewersdorff DATE Current Planning Manager HOP2001-00084/TYPE II KILGORE AUTO SALES PAGE 5 OF 5 o ■, CITY of TIGARD 0 Z GEOGRAPHIC INFORMATION SYSTEM Cr)CN / CORAL ST _/ VICINITY MAP ( ( I( III N HOP2001 -00084 1 . 7 ::: - KILGORE AUTO SALES III 7 .......-- 111 mAllirs' Al i ' ciLi —I III Ill LOCUST \ ST � —�•ri IA PLELEAF ST >■ '� "!=Q X01111111 SUBJECT SIT �i���I�r � t —1111111k\‘ Al ■ ST \ 7 L PINE ST 4' 1 N A II 0 100 200 300 400 500 Feet LN � � r=37e feet SPR CE ST I 1 A .4. I,• W City of Tigard • >¢ Information on this map is for general location only and should W verified vdth the Dwsbpmsnt Services Division. 11 THORN ST 13125 Sw Hall Blvd Tigard,DR 97223 h (503)639-4171 pl/ww.cI,tiga rd. or,ua Community Development Plot date:Aug 16,2001;C:\magic\MAGIC03.APR EXHIBIT & Kim Kilgore HOP2001-00084 10445 SW 90th Avenue KILGORE AUTO SALES Tigard, OR 97223 AFFIDAVIT OF MAILING CITY OF TIG TIGARD Community Development Shaping A Better Community STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Shirley L. Treat, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist 1 for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF: PENDING APPLICATION FOR: 2 • HOP2001-00084/KILGORE AUTO SALES ❑ AMENDED NOTICE (Type/Kind of Notice) (File No./Name Reference) (14-Day Comment Period) © City of Tigard Planning Director NOTICE OF TYPE I DECISION FOR: AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director n NOTICE OF PUBLIC HEARING FOR: ❑ AMENDED NOTICE (File No/Name Reference) (Date of Pudic Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑l Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FINAL ORDER FOR: ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Heanng) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer El Tigard Planning Commission ❑ Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEESI 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'U',on August 16, 2001, and deposited in the United States Mail on August 16, 2001, postage prepaid. 4/ I Jt (Per on that Prepared Notice) Subscribed and sworn/affirmed before me on the .3 ti `/day of QC7'O 4 ' , 20C) /. f f. oFF(CIAL.yfAl IliT Y PUBLIC OF OREGON .ate , SHERMAN S.GASPER ;IliNOTARY P uC-o My Commission Expires: /3. 2a? L. COMMISSIOm0.323409 MY COMMISSION D(P!RE AY 13,2003 En]. NOTICE TO MORTGAGEE, LIENHC :R,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION ,. .a11' HOME OCCUPATION PERMIT CITY OF TIGARD Community Development Shaping A Better Community DATE OF NOTICE: AUGUST 16, 2001 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2001-00084 FILE NAME: KILGORE AUTO SALES PROPOSAL The applicant requests approval for a Type II Home Occupation Permit to locate a used automobile business from the single-family residence at 10445 SW 90`h Avenue. Applicant foresees selling only 1-3 cars a month at maximum. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. LOCATION: 10445 SW 90`h Avenue; WCTM 1S135AB, Tax Lot 03201 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 30, 2001. All comments should be directed to JODI BUCHANAN in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR SEPTEMBER 20, 2001. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14-DAY COMMENT PERIO[ OSES, THE DIRECTOR SHALL ISSUE A E II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City. • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." / �� ■■�■I CORAL s VICINITY MAP I _ / / / I / i HOP2001-00084 ( 1 1 . 1 --7' — hl 7�`1— f/ i KILGORE AUTO SALES • LOCUST ST . ■11,allil IF -- / - ■ , /A n m MAPLELEAF ST f-- =t 11111111 - SUBJECT SIT V, 1116 II 11� J 1 J> 1 _ • - n` PINE ST A 4 .r .°;x,.00 ,�... MR *SPRJCE S 6 ii ....._) , �u .Il ` 11 City of Tigard 4 _ 1 �1 Y - � MS..mxr 1 NyYlw�a./✓.aw munity Development Not date Aug 16.2001:C.4nagicUMGIC03.APR Van*? B 1 S 135AA-01200 1 S 135AA-01000 ALLISON M DEAN&DOROTHY D FINEVIEW FARM LLC do ALLISON ANNETTE C 1430 EASTSIDE RD 8870 SW MAPLELEAF ST HOOD RIVER,OR 97031 PORTLAND,OR 97223 1 S 135AA-03900 1 S 135AA-01301 BAYARD MICHEL L& FINE FARM LLC TROWT TOBY ELLEN 1430 SIDE RD 20555 BOWERY LN HO RIVER,OR 97031 BEND,OR 97701 1 S 135AA-04100 1S 135AC-03801 BURIAK LORRAINE ANN FOREIGN MISSION FOUNDATION 7825 SW MILLER HILL RD 10875 SW 89TH AVE ALOHA,OR 97007 TIGARD,OR 97223 1 S 135AA-04101 1 S 135AA-03902 CALLAHAN JAY PATRICK HAZARD SANDRA 8945 SW OAK ST 8914 SW OAKWAY TIGARD,OR 97223 TIGARD,OR 97223 1S 135AA-03901 1S1 35A8-03304 CHEPIN JOHN KEEGAN THOMAS E&JEAN D& 8911 SW OAK ST KEEGAN JAMES C TIGARD,OR 97223 27987 HWY 213 MULINO,OR 97042 1 S 135AB-03403 1S 135A8-03201 COUNTRYWIDE HOME LOANS INC KILGORE KIM&PAULA 400 COUNTRYWIDE WAY 10445 SW 90TH AVE MS/SV-35 TIGARD,OR 97223 SIMI VALLEY,CA 93065 1 S 135AB-03203 1 S 135AA-01002 CURNES MELINDA L& KINDRICK CHARLES C AND SHELDON DUANE C DEBRA A 10425 SW 90TH AVE 10320 SW 90TH TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AB-03303 1 S 135AA-01101 DALTON MICHAEL L KUHN EUGENE P PAMELA L 1700 SW 90TH AVE 10340 SW 90TH PORTLAND,OR 97225 TIGARD,OR 97223 IS 135AC-03800 1 S 135AA-01102 DAVIS EUGENE MACLAREN ROBERT P 10875 SW 89TH 10360 SW 90TH TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AC-03900 1 S 135AB-03200 DAVIS GENE&VIVIAN MCKINLEY DUANE VAN TRUSTEE 10875 SW 89TH AVE 631 MUSKRAT LAKE RD TIGARD,OR 97223 SAGLE,ID 83860 1S 135AC-04400 1S 135AB-03202 ORLAND LTD PRINCE KEITH D&KRISTIN L BY KENTON R BARNES 10455 SW 90TH AVE 222 SW COLUMBIA ST#1625 TIGARD,OR 97223 PORTLAND,OR 97201 1S 135AC-04000 1S 135AA-00401 X OR ND TD ROWE SHIRLEY I BY K ON R BARNES WOOD JUDY 222 S OLUMBIA ST#1625 1027 SW GROVER PO LA ,OR 97201 PORTLAND,OR 97201 15135AD-01303 1 S 135AA-01001 OR N LTD SAVAGE PETER A AND ANN MARIE BY TON R BARNES 10300 SW 90TH AVE 22 OLUMBIA ST#1625 TIGARD,OR 97223 PORTLA D,OR 97201 1 S 135AC-04100 1 S 135AA-04000 ORL N LTD SMITH ROGER W BY K TON R BARNES JACQUELYN M 222 OLUMBIA ST#1625 8935 SW OAK ST PO TLA ,OR 97201 TIGARD,OR 97223 1 S 135AC-04300 1 S 135AB-01002 OR AN LTD SPIEKER PROPERTIES L.P. BY K TON R BARNES 10260 SW GREENBURG RD#100 222 OLUMBIA ST#1625 PORTLAND,OR 97223 P TLA ,OR 97201 1 S 135AB-03300 1S 135AB-03 OR N LTD SPIEK OPERTIES L.P. BY TON R BARNES 10260 GREENBURG RD#100 22 COLUMBIA ST#1625 PORT AND, R 97223 P RTLA D,OR 97201 1 S 135AB-03302 1S 135AB-00700 OR N LTD OR PROPERTIES LP BY TON R BARNES 10260 SW GREENBERG RD 222 COLUMBIA ST#1625 PORTLAND,OR 97223 P RTLAND,OR 97201 1S135AC 4200 1S135AB-01004 OR A LTD SPIEK OPERTIES LP BY TON R BARNES 10260 S GREENBERG RD 22 OLUMBIA ST#1625 PORT AN ,OR 97223 P RTLAND,OR 97201 1 S 135AA-00901 1S 135AB-03205 PACIFIC CREST PARTNERS INC STANTON KAREN 1430 EASTSIDE RD 10435 SW 90TH AVE HOOD RIVER,OR 97031 TIGARD,OR 97223 1 S 135AA-01 100 1S 135AA-04200 PATERSON BRIAN S&SAMI B SUMMIT DORSEY WAYNE 10370 SW 90TH AVE PO BOX 230998 TIGARD,OR 97223 TIGARD,OR 97281 1 S 135AB-00100 WASHINGTON CLACKAMAS CO SCHOOL DIST 23J 13137 SW PACIFIC HIGHWAY TIGARD,OR 97223 1S135A8-00100 WAS ING ON CLACKAMAS CO SCH 1ST 23J 13137 PACIFIC HIGHWAY TIG D,OR 97223 1 S 135AB-03401 WA GTON COUNTY SCHOOL DIS T NO. 106 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: July 30, 2001 f� ��x CITY of TIGARD 1 O GEOGRAPHIC INFORMATION SYSTEM AREA NOTIFIED IN a, (C CORAL ST `500') ` lilt _ � : ,N a I 11,■ III LOCUST ' ST FOR: Kim Kilgore IIIIIII%w _ '°"'°°'°' 1111111W:�' RE: 1 S 135AB 03201 \ J ---- 1613511501001 • tatasar0000t °� MAPLELEAF ST .I iii •Re w=01 iattaium000 1111111 property owner information o: as°eetoa SI351100010o a is valid for 3 months from cr _ SUBJECT SITAI`'i�_'1 the date printed on this map. I � • 1a135610aa00 153 'IFTI'i 1 000 ■ co 1a1a5�aoaaoo < 311eou°o \ c% ' 0t _ 131 • Bo 1ata5I5 o trn5ul o0 utasa°o 302 sea 3 5Y01101 35aa°a ST i 1 10 / — °K tat 171113511C031100 5°coo 00 231 MOWN 1313511001203— , 0 111135A003101 PINE ST P 1313511004100 uastica:oo , A N SHADY LN Jill 0 200 400 600 Feat SPRUCE ST g 1 1"•422 feet W 16111111 > ■ A THORN ST _, jj4i • City of Tigard I F-. r Information on Isis map is for general location only and p� should be verified with the Development Services Division. CO 13125 SW Hall Blvd ....41 Tigard,OR 97223 gi= > Y (503)639-4171 .---_-_— httpl/wwwci.tigartl.ocus Community Development Plot date:Aug 10,2001; C:lrnagic\MAGIC03.APR 1S 135AA-01200 1S 135AA-01000 ALLISON M DEAN&DOROTHY D FINEVIEW FARM LLC Go ALLISON ANNETTE C 1430 EASTSIDE RD 8870 SW MAPLELEAF ST HOOD RIVER,OR 97031 PORTLAND,OR 97223 1 S 135AA-03900 1 S 135AA-01301 BAYARD MICHEL L& FINE FARM LLC TROWT TOBY ELLEN 1430 SIDE RD 20555 BOWERY LN HO RIVER,OR 97031 BEND,OR 97701 1S135AA-04100 1S135AC-03801 BURIAK LORRAINE ANN FOREIGN MISSION FOUNDATION 7825 SW MILLER HILL RD 10875 SW 89TH AVE ALOHA, OR 97007 TIGARD,OR 97223 1S135AA-04101 1S135AA-03902 CALLAHAN JAY PATRICK HAZARD SANDRA 8945 SW OAK ST 8914 SW OAKWAY TIGARD,OR 97223 TIGARD,OR 97223 1S1 35AA-03901 1 S 135AB-03304 CHEPIN JOHN KEEGAN THOMAS E&JEAN D& 8911 SW OAK ST KEEGAN JAMES C TIGARD, OR 97223 27987 HWY 213 MULINO,OR 97042 1 S 135AB-03403 1S 135A8-03201 COUNTRYWIDE HOME LOANS INC KILGORE KIM&PAULA 400 COUNTRYWIDE WAY 10445 SW 90TH AVE MS/SV-35 TIGARD,OR 97223 SIMI VALLEY,CA 93065 1 S 135A8-03203 1S 135AA-01002 CURNES MELINDA L& KINDRICK CHARLES C AND SHELDON DUANE C DEBRA A 10425 SW 90TH AVE 10320 SW 90TH TIGARD,OR 97223 TIGARD,OR 97223 1 S 135AB-03303 1 S 135AA-01101 DALTON MICHAEL L KUHN EUGENE P PAMELA L 1700 SW 90TH AVE 10340 SW 90TH PORTLAND,OR 97225 TIGARD,OR 97223 1 S 135AC-03800 1 S 135AA-01102 DAVIS EUGENE MACLAREN ROBERT P 10875 SW 89TH 10360 SW 90TH TIGARD,OR 97223 PORTLAND,OR 97223 1 S 135AC-03900 1 S 135AB-03200 DAVIS GENE&VIVIAN MCKINLEY DUANE VAN TRUSTEE 10875 SW 89TH AVE 631 MUSKRAT LAKE RD TIGARD,OR 97223 SAGLE,ID 83860 1S135AC-04400 1S135AB-03202 ORLAND LTD PRINCE KEITH D&KRISTIN L BY KENTON R BARNES 10455 SW 90TH AVE 222 SW COLUMBIA ST#1625 TIGARD,OR 97223 PORTLAND,OR 97201 1 S 135AC-04000 1 S 135AA-00401 OR ND TD X ROWE SHIRLEY I BY K ON R BARNES WOOD JUDY 222 S OLUMBIA ST#1625 1027 SW GROVER PO LA ,OR 97201 PORTLAND,OR 97201 1S135AD-01303 1S135AA-01001 OR AN LTD SAVAGE PETER A AND ANN MARIE BY TON R BARNES 10300 SW 90TH AVE 22 OLUMBIA ST#1625 TIGARD,OR 97223 PORTLA D,OR 97201 1S 135AC-04100 1S 135AA-04000 ORL N LTD SMITH ROGER W BY K TON R BARNES JACQUELYN M 222 OLUMBIA ST#1625 8935 SW OAK ST PO TLA ,OR 97201 TIGARD,OR 97223 1S135AC-04300 1S135AB-01002 OR AN LTD SPIEKER PROPERTIES L.P. BY K TON R BARNES 10260 SW GREENBURG RD#100 222 OLUMBIA ST#1625 PORTLAND,OR 97223 P TLA ,OR 97201 1S135AB-03300 1S135AB-034 OR AN LTD SPIEK OPERTIES L.P. BY TON R BARNES 10260 GREENBURG RD#100 22 COLUMBIA ST#1625 PORT, AND, R 97223 P RTLA D,OR 97201 1S135AB-03302 1S135AB-00700 OR N LTD SPIEKER PROPERTIES LP BY TON R BARNES 10260 SW GREENBERG RD 222 COLUMBIA ST#1625 PORTLAND,OR 97223 P RTLAND,OR 97201 1S135AC- 4200 1S135AB-01004 OR A LTD SPIEK OPERTIES LP BY K TON R BARNES 10260 S GREENBERG RD 22 OLUMBIA ST#1625 PORT AN ,OR 97223 P RTLAND,OR 97201 1S 135AA-00901 1S 135AB-03205 PACIFIC CREST PARTNERS INC STANTON KAREN 1430 EASTSIDE RD 10435 SW 90TH AVE HOOD RIVER,OR 97031 TIGARD,OR 97223 1S135AA-01100 1S135AA-04200 PATERSON BRIAN S&SAMI B SUMMIT DORSEY WAYNE 10370 SW 90TH AVE PO BOX 230998 TIGARD, OR 97223 TIGARD,OR 97281 1S135AB-00100 WASHINGTON CLACKAMAS CO SCHOOL DIST 23J 13137 SW PACIFIC HIGHWAY TIGARD,OR 97223 16135AB-00100 WAS ING ON CLACKAMAS CO SCH 1ST 23J 13137 PACIFIC HIGHWAY TIG D,OR 97223 1 S 135AB-03401 WA GTON COUNTY SCHOOL DIS T NO. 106 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: July 30, 2001 CITY OF TIGARD RECEIVED PLANNING COMMUNITY DEVELOPMENT DEPARTMENT AUK 1 0 2001 PLANNING DIVISION CITY OF TIGARD CITY Community Development 125 SW HALL BOULEVARD Shaping Better Community TIGARD, OREGON 91223 PHONE: 503-639-4171 FAX: 503-684-7297(Attn: Patty or Shirley/Planning) RQUESTfI!QRi'OO 00 -PROPERTT Q:WNERtr MAI ING. LIST= Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. ISI34AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE cMAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): C 1 -/ B -03 0 D I I-1Lr S •— CJ, ‘0_, Nov INDICATE WHETHER YOU ARE REQUESTING ' 3 SETS OF LABELS: a (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you should request 3 sets) NAME OF CONTACT PERSON: y K,•L fo PIC PHONE: ^ z y 2 //66 This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE—TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE * * * COST FOR THIS REQUEST * * _4__ sheets of labels x $2/sheet = $$.00 x 2 sets = $16.00 sheet(s) of labels x $2/sheet = $ . x sets = 1 sheets of labels x $2/sheet for CIT area x 2 sets = $ 4.00 sheet(s) of labels x $2/sheet for CIT area = $ 4—x sets = GENERATE LIST = $11.00 GENERATE LIST = SILO_ TOTAL = $31.00 TOTAL = S .> 01) agor-F�l Receipt #: 27200100000000003324 ��. Date: 08/13/2001 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due RECEXP Recovered Expenditures(labels)-25.0000 @$1.00 100-0000-479000 $25.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Cash KIM KILGORE S25.00 TOTAL AMOUNT PAID: $25.00 APPLICANT MATERIALS HOME OCCUPATION 4TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): 10 `" 4" S 41%37% rUF' 7-6 4/ - / 223 !, FOR STAFF USE ONLY Tax Map & Tax Lot#(s): 4► — 3 2 o Case No.(s): E-bP• i0 - O00 0 O- Other Case No.(s): A • Site Size: Ae (PL[t ) Receipt No.: 0* Applicant*: Ai 44 o ,4 y Date: a 10 _ /Ali\ Address: /0 f S'4/ gd ' 'd e . Application Accepted By: WV City/State: 7-/ /94/ Zip: 9)2 23 Date Determined Complete: Primary Contact: /(r/ym a,ee` Phone: cI )1 - 2 Sit ~ 1/‘‘ Fax: Business Tax Paid? es ❑ No Property Owner/Deed Holder(s)*: (Attach list if more than one) Rev.3/5/01 i:\curpin\masters\revised\hop2.doc K//41 A, 9c) 4.e Address: )O C1O /IJC . Phone:q?, City/State: <9,34'cd 6X'' Zip: q ) 223 REQUIRED SUBMITTAL ELEMENTS * When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) 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 form or submit a written authorization with this application. re Application Form '-'C- PROPOSAL SUMMARY Owner's Signature/Written Authorization 'k The owners of record of the subject property request approval of a Title Transfer Instrument or Deed Home Occupation Permit to allow (please be specific): �/ C� I Qti7-S T� S Apt) ��u�il ex-,77/ n 4.41 �fQ [1d 2 Sets of Pre-Addressed/Pre-Stamped sieve #10 Envelopes & Copy of 500' Property 4u 7 leu,rh Ased 47- 1v</ S" sw Rd 74 A/e 0 nPr i ict Generated by the City r4u;o1 43C. e 5,9/ Ae/erf Filing Fee$545.00 /i F/°V X . / To 3 A' 7`t /Q MisAw7Z SPECIFICATIONS Specify whether you are using a detached building on your property and give dimensions: N Ti chod U 30 s�fr Q4, 4M low 0friee. #dld ,STo-49e List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 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. I. DATED this (0 Tti day of 14 u 9"s r , 20 C et` Owner's Signature Owner's Signature Owner's Signature Owner's Signature 1r TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: [CITY OF TIGARD H.O.P.TYPE II QUESTION PAGE] 1. Will you have any paid employees or subcontractors working in the home in conjunction with the business who are not residents of the home? No I Yes (If yes, please explain): 2. Will you have customers/clients coming to your residence? n No lx Yes (If yes, how many per day?): 1 7s 3. Will you have deliveries or pickups made of products or supplies to your residence? n No 7/1© Yes (If yes, how many &what type?): 7J 3 Per ,y Au et Pro a,,,,r f,"1"- 611115/14114a re"+/- 0e64:4e4 Q9 in 9Je(f 4. What will your hours and days of operation be? eq Ap1° ' Me-U? (3/11 4.5f 5. Will the business generate any noise which can be heard outside of the structure? No Yes (If yes, please explain): 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? 61 60 Sq r r 04,,40 Oct, heal cJ3 ' 162 Er ,Q4.,zd, o' JTee1' LIt/a.✓ veh.cLe is ,fir Ras-,./-vc.e 74 'a , 9,-Xed "V4 .i41.%c.y ,00/4i-,{'.;dy-.414.PJ' (Y? (A.' l f-' eet'i9/'y /06'.CP a''J c�tily. 7. Will you have any signs or advertising visible from the exterior of the premises? n No XI Yes (If yes, please explain): r s/y ti L7e,o/r/Ny k% /6490 AetTd SAC'eS /3S/40/4T oiVVy 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 as follows: A. entirely for the home occupation; and B. partially for the home occupation. Please designate the approximate dimensions of the rooms(s)to be used for the home occupation. 3 0 , h thh. ` MU IME111111111111111111111111111111 1 /1111111111111011111 11 1IIIIIIIIIIIIIIIII pr , 44 i 5 : -----: 6 Ifl v �v Receipt #: 27200100000000003304 Date: 08/10/2001 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Du HOP2001-00084 V I ype 'ermlt ee 100-0000-438000 $545. Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Cash KIM KILGORE 0 0 0 $550.00 Change KIM KILGORE 0 0 (S5 00) TOTAL AMOUNT PAID: $545.00 • 7tierf Si OF OREGON 01 + 9 f jc) County of Washington ss O�Lo Title Order No. 01193180 I, Jerry ; i1! _j a#f= C of Assess- Escrow No.01193180 ment and -►r•,a; d (lfficio County �� Clerk ford. to ��tri , rtify that } the wit ,11: n vvs eceived 1 After Recording Return To: and re %� � + ,: `;'of j css a f said 1 Kim Kilgore county �, 10445 SW 90th Avenue * * `; Tigard, OR 97223 �Z f . -5,,p +*wZ , art erector of Until a change is requested all tax statements shall be sent to � andle axatlOn,Ex- the following address: Doc : 2001022522 Kim Kilgore Rect: 274677 177.00 10445 SW 90th Avenue 03/20/2001 09: 10: 16am Tigard,OR 97223 STATUTORY WARRANTY DEED Mary E. Brown and Jack C. Brown, Grantor, conveys and warrants to Kim Kilgore and Paula Kilgore, Husband and Wife, Grantee, the following described real property free of encumbrances, except as specifically set forth herein situated in Washington County,Oregon,to wit: See Exhibit A attached hereto and made a part hereof. This property is free from encumbrances, EXCEPT: City liens if any of the City of Tigard; Levies and Assessments of the Unified Sewerage Agency;Restrictive Covenant recorded June 4, 1984 as Fee No. 84021355 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. The true consideration for this conveyance is$150,000.00. (Here comply with the requirements of ORS 93.030) Dated this March 14,2001. A it/.1/ Mary . Brown Jac . Brown yr tip r WASHINGTON COUNTY t?E REAL PROPERTY TRANSFER TAX f5o.00 03 �o•oX STATE OF OREGON l `a. ' $ County of Washington J ss '`�, FEE PAID DATE On this March 14, 2001, before me, the undersigned, personally appeared the within named Mary E. Brown and Jack C. Brown known to me to be the identical individual s who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. A JIAL4._■,■■ _ A MI of Public for the State of It egon 1 My •.mmission expires: 6/23 0 ofcMnffoRD • % CNN gp gc 1 ll lj j cb4� s1 � - �COM.- ONE DEB JUNE 2�• ~ I -.02- . follows:t n S Township Ong a portion of Commencing ,South,Range °t 10' ASfjg Exhibit A Noflhwssar said inch iron west vfthe Wig EttAR a duly recorded Northwest a being Pr Meridian, 89°32'00" corner n8 NO at the an,in subdivision South 49°51'48"East along of 1,A89p �'OOe�Northwest corner the County situate 4p008'12„ 191.15 the 97 North d O f said said the N°rth'Pa.line f1 as described Washington a d State northeast°ne. feet,thence thence t South o 10, 8 2Ebeing o ttFAR n �ge k Qz4'Page Oregon,de�r bea as RAf 00 west ,,4F eei�th FARM,feet;$thence gr thence nge South h0 R e p, hi O10 Co I) D e Point ofbegrSouth 49oi 40°08'17'? beads P43 00 t' er m e S p0 feet; thence thence NOnh I %%NZ' II RI I 2 6 � II n 3o i 6 I II g1 LLI IS 6 II 2 14 - + - - - - 1- Y' - < ,- 4- t 4 1.1.1 4- t + t — _ `I I I 10 / 1� I £Y: I F- 9 _4 a" IQ 1 272.02 8 i 9 ^*;``f;. $ 7 8 I- 9 10 7 10 0 7 8 9 102 W I . �/ I I I ac 1° '-° 44 a 1 in 1-- ao .� s0 +cj3 °"0. 4 / so so so so so 136 0') 5, an r i• 100 0 m 156.53 at: l -� - 1 S.W. MAPLF STREET - - iao-o• Ng , • C.R.C.R.1508 O ,'^ 1.- m o 1~ . r,v • so t so t so t so t so Y so 1 so t so t so ' so ° _ uI I3e V 1 I I I 0 C � 2 1 8f lui > I 4 ?� \� 1 I $I 1•" I$ 4 3 2 1 $1 I 4 3 2 I $ _ - I 4' \/ I al I I 2 I I 1.1.1 I UET16ER ELEMENTARY I I `vr 44 5 - -4 E\+- 1 + � 4 :Z:f- - - + ,o 12 gl _16 12 21 sc 0/STRICT w�a✓ s" • 18 o I L�x ILg 1 I'L °el :MI'x I2 5 12 2 14 8 -i {s.'W f- + -4 :i-,3r - 11 2,I 6 I II 21 C�;I2 6 II 2i r-2<Ig 6 II g 10 g I , 7 1 10 °.,1 1;', 7 10 0 12 7 10 g +- 14 1- 4 I. 4- -4- -4 II- ± , al 9 01 8 1 9 °.J i g 8 9 $I 12 8 9 g tee loo e. loo j 100 1 so i ioo 1600) - 100 d 100 50 207 0� 60 a j.. .. . • ,. ,/%/ /7/ .. z 60 a E 4 22 CRS. .. "' 141 1 3203 Paz 15 49 3300 s.a CM. y I .9/AL: 4d AC 7/AG 18 4G A .l0 4G `t \\ I r A R i A 3202. 3205 6 AC. 1 n. V I = b W .36 4G 1�4 • 4 ��a� / , ie �o 4. .,. 9 „I; ., 10 6.6' >' �� 1• • N `y �� �� 4'66 75 75 75 75 100 ,i 3302 3303 3304 3403 + O 22 AC .22 AC .22 Ac. .29 AC ej'''bo L QQ' v1 0 S �6�' VO fg _ I tp• O0*►p`� 1 �,t+yy1• Op`� { files 4.2 x'w 40 r *o, p' x.22 CNS , 79.50 'V. J In 75 75 1 _100 •,1 1 OAK ,R. e2-w WIDTH 1 1 1i STREET s 7 ' ' ZZ SEE MAP IS I 35AC FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE TIGARD IS I 35AE3 THIS MAP IS FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE EsT This map is not a survey and does not show the location of any improvements. -4r0 The company assumes no liability for errors therein. `+i�' MAP#1 S135AB 03201 „vv. CITY OF TIGARD Community Development Shaping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS=12/13/01 FILE NO.: HOME OCCUPATION PERMIT TYPE II (HOP)2001-00084 FILE TITLE: KILGORE AUTO SALES APPLICANT: Kim Kilgore OWNER: Same Kim Kilgore Auto Sales 10445 SW 90th Avenue Tigard, OR 97223 REQUEST: To locate a used automobile business from the single-family residence at 10445 SW 90th Avenue. Applicant foresees selling only 1-3 cars a month at maximum. LOCATION: 10445 SW 90th Avenue; WCTM 1 S135AB,Tax Lot 03201 ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.390, 18.510 and 18.742 CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I Z TYPE II ❑ TYPE III El TYPE IV DATE COMMENTS WERE SENT: August 16, 2001 DATE COMMENTS ARE DUE: August 30, 2001 17]HEARINGS OFFICER (MONJ DATE OF HEARING: TIME: 1:00 PM 1 PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:30 PM ❑CITY COUNCIL [TUESJ DATE OF HEARING: TIME: 1:30 PM Z STAFF DECISION [TENTATIVE] DATE OF DECISION: September 20, 2001 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ❑ SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY ❑ NARRATIVE ❑ GEOTECH REPORT H OTHER: STAFF CONTACT: Jodi Buchanan, Current Planning (503) 639-4171 Ext. 407 HOP2001-00084 KILGORE AUTO SALES PROPOSAL/REQUEST FOR COMMENTS August 15, 2001 jj Kim Kilgore A 10445 SW 90th Ave CITY OF TIGARD Tigard, OR 97223 OREGON Notice of Complete Application Submittal: (Kilgore Auto Sales: HOP2001-00084, Type II) To Whom It May Concern: The City has reviewed your submittal material and has found that your application is complete as of August 15, 2001. The Staff will now review your application for a Type II Home Occupation Permit. A decision will be rendered in 5 to 6 weeks. I am available to answer questions and otherwise assist you as may be required at 503-639-4171, extension 407. Please feel free to call with any questions or concerns. If I am unavailable, please leave your name and phone number so that I can call you as soon as possible. Sincerely, *C(; tre4A-Ift0441.--- Jodi 'tole Buchanan Current Planning 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ADDITIONAL DOCUMENTS NOTICE TO MORTGAGEE, LIENHO, R,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMP FLY FORWARDED TO THE PURCHASER, NOTICE OF PENDING LAND USE APPLICATION OCCUPATION PERMIT CITY OF TIGARD Community Development Shaping A Better Community DATE OF NOTICE: AUGUST 16, 2001 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2001-00084 FILE NAME: KILGORE AUTO SALES PROPOSAL The applicant requests approval for a Type II Home Occupation Permit to locate a used automobile business from the single-family residence at 10445 SW 90th Avenue. Applicant foresees selling only 1-3 cars a month at maximum. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. LOCATION: 10445 SW 90th Avenue; WCTM 1S135AB, Tax Lot 03201 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 30, 2001. All comments should be directed to JODI BUCHANAN in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR SEPTEMBER 20, 2001. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14-DAY COMMENT PERIOL DSES, THE DIRECTOR SHALL ISSUE A E II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City. ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." om ■ � C I T Y of T I G A R D-■■■ _ m--.�-_ aliiiivarAi ,..,..... .,a....o....,. . CORAL VICINITY MAP ST . W ' l j I I I i 111111Wr i HOP2001-00084 KILGORE AUTO SALES ( 111 I - _ MI Eli slump-LOCUST ST . fi LEAF ST ■ �� ' Q !MI '„,,• ,""""1 .i RitilliramA91111 Mil I 1 111 b all NIIIEF ”Alladdllig ' 11111 n P N r- .. Ili.. I 111 i�■T T_! , rur ' rlull mam..ma.....City ofTigard..... Tgw.OR 07223 OM)0]•41)1 nu°inn.w.n YyrO.w u. Community Development Plot date:Aug 16.2001;C:lmagicMAGIC03.APR • RECEIVED PLANNING Dr. Gene & Vivian Davis 10875 S.W. 89th Street AUG 3 1 2001 Tigard, Oregon 97223 USA Tel: 503 246-5862, fax: 503 977-9343 CITY OF'WARD Email: fmf@jps.net City of Tigard August 30, 2001 Attn: Jody Buchanan, planning division Phone: 503 639 4171 13125 SW Hall Blvd Fax: 503 684 7297 Tigard, OR 97223 RE: Home Occupation Permit(HOP) 2001-00084/Kilgore Auto Sales Dear Jody, We wish to oppose the request that would approve a Type II Home Occupation Permit, allowing an used automobile business to locate from the home residence at 10445 SW 90th Ave. The Washington Sq. Task Force Plan requires much more housing per acre. Thus, an operation like this could become detrimental to our property where there likely would be junky cars and car parts. Since ly, Vivian Davis C:1My Documents\Documents\Property Management\cityoftigard8.20.01.dot Page 1 of 1 Dear Dr. Gene and Vivian Davis: I wanted to clarify some of the conditions placed on the Kilgore Auto Sales Home Occupation Permit, and let you know what your options are should your neighbor break the terms of his permit. The first thing to consider is that he is not repairing any autos at this residence. Up to three times a month a single car will be stored within his garage until the buyer comes to pay for and pick up the car. The conditions of his permit require that he store all materials associated with his business within a structure. This means no cars or car parts can be stored outside. The permit allows him to have one small, unilluminated sign outside of his home and one employee who is not a resident of the home. He has stated that he will have a sign, but not an extra employee. If, in light of these conditions, you decide you no longer object to the home occupation, please respond to this email by Wednesday, September 5th, and let me know. Otherwise, your objection has been recorded and taken into account while we make the home occupation decision. If the permit is approved and you find that he is parking cars or storing car materials outside of his home, please call the City of Tigard at(503)639-4171 and ask for Code Enforcement. Then explain your situation to the Code Enforcement people, and they will go discuss it with him and resolve the issue. Thank you for your concern and let me know if I can be of further assistance, Jodi Buchanan Community Development City of Tigard D oV alt' A , about:blank 08/31/2001 NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2001-00084 CITY OFTIGARD Community'Development KILGORE AUTO SALES Shaping A Better Community 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: KILGORE AUTO SALES FILE NO: Home Occupation Permit (HOP) HOP2001-00084 APPLICANT: Kim Kilgore Apt() Sales OWNER: Kim Kilgore 10445 SW 90 Avenue 10445 SW 90th Avenue Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation Permit to operate an auto sales office at the single-family residence listed below. Applicant foresees selling 1 to 3 cars per month. COMPREHENSIVE PLAN DESIGNATION: Light Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10445 SW 90th Avenue; WCTM 1S135AB, Tax Lot 03201. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 4, 2001 AND BECOMES EFFECTIVE ON SEPTEMBER 19, 2001 UNLESS AN APPEAL IS FILED. A eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. l THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 18, 2001. I Questions: For further information please contact the Planning Division Staff Planner, Jodi Buchanan at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. �. i _--.--_a.....■■■. CITY ITI GARD l - 111: . HH■11 CORAL air VICINITY MAP HOP2001-00084 `/r" 1111■'II1 ==z 11111 _' KILGORE AUTO SALES J l •.n sr l ST WPM 1• MAPLELEAF ST t'--- ' <IIIII - /111111111 II �.1 wI M IIII IIII • 11=111 7 il" Pi 11 i .11 PINE ST 41 111111 N T .:.. A 11h. aWaft ■■ AIL RIMom ems . •