Loading...
HOP1998-00110 7. There shall be no storagE. .1/or distribution of toxic or flammable arials, and spray painting or spray finishing operations that involve toxic or flammable material which in tr,_ ,udgment 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: November 4, 1998 THIS DECISION SHALL BE FINAL ON MONDAY,NOVEMBER 16,1998,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 NOVEMBER 16,1998. 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. '1,LAt November 4, 1998 PREPARED BY: Debbie Ada ski, Development ervices Technician DATE November 4, 1998 APPROVED BY: Ric ewersdorff, Pla 7 Manager DATE HOP 98-0110/TYPE II DBA: CHIROPRACTIC CARE NOTICE OF DIRECTOR'S DECISION NOJJJNG/cAr 1ECo1ON itoS 400 AFFIDAVIT OF MAILING CITYOFTIl3ARD Community Development Shaping (Better Community STATE OAF ocEGoN ) County of Washington )ss City of(Tigard ) I, 'Vivian L. Nimmo, 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:E77 HOP 98-0110 DBA: CHIROPRACTIC CARE El AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: Z77 I _ I=1 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 FINAL ORDER FOR: 1C:7 I El 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: I (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 NOTICEISI 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 4 day of November ,1998, and deposited in the United States Mail on the 4 day of Nobember , 1998, postage prepaid. -1,4Z:1-4(....iX42..e-24.4.4.,--- (Person that Prepared Notice) Subscribed and sworn/affirmed before me on the �Gt day of icpia, , 19___ . 1 f•+�, OFFICIAL SEAL 60,4/. 1 / 1(..�: RKS d \ y�i fAl DIANE M BELDE NOTARY PUBLIC OF OREGO ` -- NOTARY PUBLIC-OREGON` I' COMMISSION NO.046142 r MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: 1 b fry 2S103CC-01200 2S103CC-01300 SMITH GENE F MARY E FRANCE JON E&KATHY K 12015 SW ROSE VISTA DR 11925 SW GAARDE ST TIGARD,OR 97223 TIGARD,OR 97223 EXHIBIT B 2S 103CC-01400 2S 103CC-01500 PICKELL HELEN C SMITH HOPE Y 10475 SW KABLE ST 12005 SW ROSE VISTA TIGARD,OR 97224 TIGARD,OR 97223 2S103CC-01600 2S103CC-01700 SHELTON JAMES C/JUDY C ZIMMERMAN UN A 12015 SW GAARDE ST 11990 SW ROSE VISTA DR TIGARD,OR 97224 TIGARD,OR 97223 2S103CC-01800 2S103CC-02400 ASGIAN ARTHUR E/DENISE D MAKI KENNETH E& 12000 SW ROSE VISTA DR 13910 SW 121ST AVE TIGARD,OR 97224 TIGARD,OR 97223 2S103CC-02500 2S103CD-03800 POLING JAMES M&CAROLE J PORTER HERMAN AND 8525 SW CEDAR CREST ST 11875 SW GAARDE ST PORTLAND,OR 97223 TIGARD,OR 97223 2S110BA-02000 2S110BA-02100 SETNIKER JOHN WILLIAM FOUR D CONSTRUCTION CO 11830 SW GAARDE ST PO BOX 1577 TIGARD,OR 97224 BEAVERTON,OR 97075 2S110BB-00100 2S110BB-00200 JUSTICE JANICE T LANDSTROM MARIAN G AND 11920 SW GAARDE ST 12000 SW GAARDE ST TIGARD,OR 97224 TIGARD,OR 97223 2' 1BB-00300 2S110BB-00400 FOUR D ! TRUCTION CO LAMBERT WILMA C&RONALD E PO B• 1577 11910 SW GAARDE ST B VERTON,OR 97075 TIGARD,OR 97224 2S110BB-05100 2S110BB-05200 BLACK KENNETH A&GRETA A DEAN PAUL G&KRISTIN K 14082 SW 121ST AVE 14104 SW 121ST AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110BB-05300 2S110BB-05400 LITTLE DAVID L&KAY S DUFFIELD RONALD C&LAURIE 14146 SW 121ST AVE 14158 SW 121ST AVE TIGARD,OR 97224 TIGARD,OR 97223 .A% 9cY zY/7 .f_Y' Cf//1 ',4P/9c7/c 10BB-0570s TIGA': . OF 131 " SW • GARD,OR 9722 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: 'Iq 20 S GA A lag s i •- TI QA RD ) OIR,, 9122.11 Tax Map & Tax Lot*: nK —r /o O -- /dO ` DATE OF PRE-APP.: Site Size: 3S, OgLI S. 115-0-12. x 2.00/) Q ?_53AEF O Q.NLY `� -T- ase No.(S): Property Owner/Deed Holder `TH N ICE `J U S ` (CE, Address: SA(he., Phone: Other Case No_(S): Receipt No: City/State: Zip: Application Accepted by: applicant: S f ( l Date: Address: Phone: Date Determined to Be Completed: City/State: Zip. — Cornp Plan/Zone Designation: CH I Ie0 PR-ACM G Cf i .E Business Name: 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 form or submit a written authorization with ✓ Application Elements Submitted: this application. ❑ Application Form PROPOSAL SUMMARY ❑ 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): ptr7eT _ T rn E ❑ Title Transfer Instrument or Deecj I� iR O PRACY C, _ FFt _ ❑ Site/Plot Plan (#of copies based on Pre-App ck list) SPECIFICATIONS ❑ Site/Plot Plan (8 1/2 X 11'size) ❑ Applicant's Statement Specify whether you are usi: • a detached building on your property and give ❑ Filing Fee $255.00 dimensions: P►TTACHED (PART OF� NOoS >g PRE-APP HELD WITH: I:hop2.doc(DST)6/97 1 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 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 property. � 1 DATED this day of Oc,--1Otx-t- , 19(38 c Applicant's S' ature Co-Applicant's Signature Owner's Signature (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? '/eS , one. ass i sf�t 2. Will you have customers/clients coming to your residence? If so, how many per day? *S , offro) 5 3. Will you have deliveries or pickups made of products or supplies to your residence? If so, how many and what type? Yes UPS del✓ � of i Ghirop -+sc.- Use-- (Jco(or ) cornmoll uc. Cr far,11 J g 0 N _ :14 rt. • had 0 Fq-n%L...),n 0 n a g 92 r 1 e$\ms I (R 1 1R _ 1t - . offs ftr.) ,< j E '.�fSF 1 / ()RR.K/-IVG 'RR� . - _ ■ (+0 b�- c � Imo-e P4) \ TO-v y 4 by toms 1-- ____ , ., , . , _ . ,..____ _ _ . _ . CiciAt-R11) October 1, 1998 To: City of Tigard From: Janice Justice, D.C. RE: Home Occupation Type H Attached is the application for a small, part-time chiropractic office in my home. The house has been divided to partition off the back three small bedrooms. The old garage has been remodeled as a large master bedroom, sitting room, shower and kitchenette. The new front driveway will soon connect to 119th Street. A new, large asphalt parking area will accommodate all parking for the home and office use. I am currently a Professor at Western States Chiropractic College on a part-time basis. Thank you for your consideration of these plans. Rr,.. Sincerely, Janice Justic Doctor of Chiropractic Of • Tom a 305 13 S 6 , ., C( � n►c, S (S Oi INI Chiropractor Program 1-800-423-1504 RETURN TO Name: MORTGAGE MARKET INC. Address: 9020 S .W. WASHINGTON SQUARE DRIVE, SUITE 420 TIGARD, OREGON 97223 4 Loan No. A3632 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 13 , 1998 The grantor is JANICE T. JUSTICE ("Borrower"). The trustee is FIRST AMERICAN TITLE INS . CO. ("Trustee"). The beneficiary is MORTGAGE MARKET INC. , A OREGON CORPORATION which is organized and existing under the laws of OREGON , and whose address is 9020 S .W. WASHINGTON SQUARE DRIVE, SUITE 420, TIGARD, OREGON 97223 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TEN THOUSAND AND 00/100********** Dollars (U.S. $ 110, 000 . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 1, 2028 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in WASHINGTON County, Oregon: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "An A. P.N. : R0491569 which has the address of 11920 SOUTHWEST GAARDE STREET, TIGARD [Street] [City] Oregon 97223 ("Property Address"); [Zip Code] OREGON-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3038 9/90 Document Systems,inc.(boo)649-i362 Page 1 of 8 OR.DOT TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of Aid interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any;(c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may,at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing,however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. OREGON-Single Family-FNMAIFIIIMC UNIFORM INSTRUMENT Form 3038 9/90 Document systems.Inc.(8W)649-1362 Page 2 of 8 OR.DOT Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the p*riods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's OREGON-Single Family-FNMA/FHIMC UNIFORM INSTRUMENT Form 3038 9/90 Da"mm sn«ms.inc.(800)649-1362 Page 3 of 8 OR.DOT rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substan4ially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair,of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant OREGON-Single Family-FNMA/FIILMC UNIFORM INSTRUMENT Form 3038 9/90 Document systems,Inc.(800)64943 Page 4 of 8 OR.DOT and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Noticets. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to OREGON-Single Family-FNMA/FIILMC UNIFORM INSTRUMENT Form 3038 9/90 Document Systems.inc.(8OO)6441762 Page 5 of 8 OR.DOT the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property 4is located that relate to health, safety or environmental protection. NON-UNIFORM .COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time required by applicable law,Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Reconveyance. Upon-payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Lender may charge such person or persons a fee for reconveying the Property, if the fee is paid to a third party Trustee for services rendered and charging of the fee is permitted under applicable law. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Attorneys' Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. OREGON-Single Family-FNMA/FULMC UNIFORM INSTRUMENT Form 3038 9/90 Document Systems,inc.(n))649-1362 Page 6 of 8 OR.DOT [Check applicable box(es)] Adjustable Rate Rider Condominium Rider 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider Second Home Rider Other(s) [specify] WARNING Unless you provide us with evidence of the insurance coverage as required by our contract or loan agreement, we may purchase insurance at your expense to protect our interest. This insurance may,but need not, also protect your interest. If the collateral becomes damaged, the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount. The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage. The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law. OREGON-Single Family-FNMAIFIILMC UNIFORM INSTRUMENT Form 3038 9/90 Document Systems.inc.(800)6441362 Page 7 of 8 OR.DOT 4 October 26, 1998 CITY OF TIGARD OREGON Janice Justice 11920 SW Gaarde St Tigard OR 97224 Re: Home Occupation Permit Application, HOP98-0110 Dear Janice, I was informed by the Planning Department that they are going to require a copy of your Title Transfer Instrument or Deed for your home. They need to review it for a number of items, one being any possible code, convenants or restrictions(CC& R's) in regards to your home occupation. You may fax a copy of this document to my attention to 598-1960, or mail it to me at 13125 SW Hall Blvd, Tigard, OR 97223, attention Debbie Adamski. I apologize for this hold up in processing your application. Sincerely, CLDCLAAA-Jeqr Debbie Adamski Development Services Technician 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 October 7, 1998 Dr. Janice Justice, DC 11920 SW Gaarde St Tigard, OR 97224 Re: Home Occupation Permit Application Dear Dr. Justice, When I took in your application for the Home Occupation Permit I forgot to have you apply for your City Business Tax. Enclosed is the form you need to fill out along with a cover letter that explains about the tax. On the back of the cover letter is a pro-rated fee schedule so you can determine what your business tax fee amount will be for the rest of this calendar year. Please complete the form, attach a check for the correct amount and return it to me in the enclosed envelope. There are also a couple of items on the Home Occupation Permit Application I need to have clarification on. First, I need to know the total square footage of your home to verify that you are utilizing 25% or less for the home occupation. The second item is that the maximum size allowed for a sign for a home business is 1 1/2 square feet. This sign must be placed in a window or attached to the wall of the home. The sign would not be allowed to be placed in the yard or near the driveway. I need to have you indicate this change in some manner so I can forward your application to the planning department for review. To accomplish this you could send a letter stating your intention to have a smaller sign and where you are planning to place it. The other option is that you can come down to the office and make the appropriate change to your application. I apologize for the inconvenience this has caused you. Please respond by letter or if you have any questions you can come down to the office to see me. My office hours are Monday through Friday from 8:00 AM to 4:45 PM. Sincerely, Debbie Adamski Development Services Technician Enclosures CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM AREA NOTIFIED i S103CC01800 (250') 2S103CC01200 Q 2S103CC0170 W AERIE DR 2S103CCO2400 2S103CC01500 = HOP 98-0110 I- % g , CO 2S103CCO2500 251030001300 Dr. Janice Justice 2S103CC0160 2S103CC01400 2 i 03C0038 0 1 DBA: Chiropractic Care I , I SW GM' DE ST GAAR \\\NN\:11, 2S110BB05700 2S110BB0020 < ,',•,',::,'. 1 sub'ec ANE parcel 2SI10BB05100 \.Nz W r < 2S110BB05200 • • - 1— 2S110BB00300 CO J N 2S110BB05300 'R DRIVE r 2S110BA02100 2S110BB05400 • U) 2S110BB00400 N . 0 50 100 150 200 250 Feet 1'4171 feet ■ \ Allk City of Tigard J Information on this map is for general location only and CT should be verified with the Development Services Division. 1 13125 SW Hall Blvd Tigard,OR 97223 (503)6394171 http:/lwww.ci.tig a rd.or.us Community Development Plot date:Oct 20,1998;C:lmagic1MWGICO2.APR • ADDITIONAL DOCUMENTS Alt CITY OF TIGARD Community'Development 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=2/2/99 EFFECTIVE DATE: NOVEMBER 11,1998 Business Name: Chiropractic Care DBA: (Same as business name) Name of Applicant: Dr. Janice Justice. DC File No.: HOP 98-0110/Type II Property Address: 11920 SW Gaarde Street City: Tigard State: OR Zip: 97224 Tax Map & Lot No.: 2S110BB. Tax Lot 00100 Zone: R-7 Nature of Business: The Applicant Has Obtained Preliminary Approval For The Use of a Portion of Their Residence To Perform Chiropractic 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 98-0110/TYPE II DBA: CHIROPRACTIC CARE NOTICE OF DIRECTOR'S DECISION 7. There shall be no storage 4/or distribution of toxic or flammable -rials, and spray painting or spray finishing operations that inv toxic or flammable material which in ti 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: November 4, 1998 THIS DECISION SHALL BE FINAL ON MONDAY,NOVEMBER 16,1998,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 NOVEMBER 16,1998. If you have any questions, please call the City of Tigard Planning Division at Tigard City Hall, Community Development >epartme t, 13125 SW Hall Boulevard, Tigard, Oregon 97223, (503)639-4171. l� \O _ C (\' MA K ' November 4, 1998 PREPARED BY: Debbie Ada ski, Development ervices Technician DATE �`r ��, November 4, 1998 APPROVED BY: Ric ewersdorff, Pla -1 Manager DATE HOP 98-0110/TYPE II DBA: CHIROPRACTIC CARE NOTICE OF DIRECTOR'S DECISION