Loading...
LUBA2007-205 - John Frewing (4) t• i re o Land Use Board of Appeals PUC Building John A.Kitzhaber,MD,Governor 550 Capitol Street NE,Suite 235 r= 1 Salem,OR 97301-2552 (503)373-1265(Voice/TTY) June 7,2011 FOR YOUR INFORMATION JORDAN SCHRADER RAMIS Robert E. R dy 14185 100th Avenue Tig d, OR 97224-4951 RE: Ruedy v. City of Tigard LUBA No.2007-205 Enclosed please find a State of Oregon check in the amount of$150.00 representing return of deposit in the above-referenced appeal proceeding. Very truly yours, Kelly Burgess Paralegal Enclosure cc w/o Enclosure: John M. Junkin,Darnien R. Hall // IMPORTANT NOTICE REGARDING LOCAL RECORD AND OVERSIZE EXHIBITS At the time the Final Opinion and Order was issued in the above- referenced appeal, the parties were notified when the record would be available for pick up. That time has elapsed. Based on our review of the record the respondent filed with LUBA in this appeal, it appears to be a copy of the original record and does not appear to include any original documents. Accordingly, if you do not contact us within 14 days to make arrangements for picking up the copy of the record, we will recycle the copy of the record without further notice to the parties. It oversize exhibits were also submitted in this appeal, we request that you make arrangements as soon as possible to pick up the oversize exhibits. The oversize exhibits will only be released to the respondent (local government), unless the respondent authorizes another party to pick them up. The respondent ma also authori e LUBA to re cle the oversize exhibits. Please contact our office if you have any questions or need further assistance regarding this matter. Thank you. Land Use Board of Appeals 550 Capitol Street NE, Suite 235 Salem, OR 97301-2552 (503) 373-1265 1,1 TIGARD City of Tigard March 23, 2011 Robert E. Ruedy 14185 SW 100th Ave. Tigard, OR 97224-4951 RE: Land Use Board of Appeals No. 2007-205 Foster Estates Subdivision, City of Tigard File#SUB2007-00003/VAR2007-00013 Dear Ms. Ruedy: The Oregon Land Use Board of Appeals(LUBA) has issued a Final Opinion and Order for the above mentioned case. The parties, Robert E. Ruedy (petitioner) and City of Tigard (respondent), have requested that the decision challenged in this appeal be remanded to the local jurisdiction (City of Tigard). Upon remand, the City's process is to notify the original applicant,property owners, and all parties involved in the LUBA appeal. As a party to the appeal you are being notified that the matter is now pending before the City. If you intend to pursue a City decision on the subject application, please provide written notice to the City within thirty-five (35) calendar days of this mailing(March 23,2011). If written notice is not received by the City within the thirty-five (35) days, the City shall dismiss the subject application as void due to lack of an applicant pursuing the application. Enclosed please find a copy of the LUBA Final Opinion and Order, along with a copy of the City's procedure for processing land use decisions that are remanded by LUBA,withdrawn by the City,or withdrawn by consent of the parties to the appeal. Sincerely, C!jt • Q,. Cheryl A. Caines Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov U.S. Postal Service CE: • MAIL, RECEIPT Errl (Do RE: Land Use Board of Appeals No.2007-205 Foster E states Subdivision, co MI SUB2007-00003/VAR2007-00013 ml b (co Postage $ m - Certified Fee ) )(, I v 1`. ' 1–q . - I PeStm ,` O Return Receipt Fee f g rd IM (Endorsement Required) v O �' Restricted Delivery Fee — (Endorsement Required) r i Y O a $ �5 / 120 Total Postage&Fees RI Sent To Robert E.Ruedy co P -- •••-• 14185 SW 100ih Ave. Street, CI r` orPOI Tigard,OR 97224-4951 City,St PS Form 3800.August 2006 ee'°verse or nsiructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S_ ature item 4 if Restricted Delivery is desired. = _. ❑Agent • Print your name and address on the reverse , , ' � A -, .. ddressee so that we can return the card to you. :75eceivediby(Print°. I C. Date of Del ery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address diffe nt from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery••dress below: ❑No Robert E. Ruedy 14185 SW 100i1'Ave. Tigard,OR 97224-4951 3. ervice Type rtified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail El C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7008 z 810 0001 3 8 31 8 019 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 TIGARD City of Tigard Match 23, 2011 John M.Junkin Bullivant Houser Bailey PC 300 Pioneer Tower 888 SW Fifth Ave. Portland, OR 97204 RE: Land Use Board of Appeals No. 2007-205 Foster Estates Subdivision, City of Tigard File #SUB2007-00003/VAR2007-00013 Dear Mr.Junkie: The Oregon Land Use Board of Appeals (LUBA) has issued a Final Opinion and Order for the above mentioned case. The parties,Robert E. Ruedy (petitioner) and City of Tigard (respondent), have requested that the decision challenged in this appeal be remanded to the local jurisdiction (City of Tigard). Upon remand, the City's process is to notify the original applicant,property owners, and all parties involved in the LUBA appeal. As Mr. Ruedy's attorney,you are being notified that the matter is now pending before the City. If your client intends to pursue a City decision on the subject application,please rovide written notice to the City within thirty-five (35) calendar days of this mailing (March 23, 2011 ). If written notice is not received by the City within the thirty-five (35) days, the City shall dismiss the subject application as void due to lack of an applicant pursuing the application. Enclosed please find a copy of the LUBA Final Opinion and Order, along with a copy of the City's procedure for processing land use decisions that are remanded by LUBA,withdrawn by the City, or withdrawn by consent of the parties to the appeal. Sincerely, Cheryl A. Cannes Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov U.S. Postal Service CERTIFIED MAIL.. RECEIPT m .edJ m RE: Land Use Board of Appeals No.2007-205 ▪ Foster Estates Subdivision SUB2007-00003/VAR2007-00013 m / u• Postage $ ! m Certified Fee SID - CI Return Receipt Fee Posen, p (Endorsement Required) U Here• Restricted Delivery Fee (Endorsement Required) '-R c0 $ 5.i/ - _, Total Postage&Fees I" John M.Junkin o ._ Bullivant Houser Bailey PC ° orPO a 300 Pioneer Tower OItr,ste 888 SW Fifth Ave. IIIIMU Hand, OR 97204 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. —CI-Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received_y(P)rimed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, 1.7 l 3 2 or on the front if space permits. r D. Is delivery address different from item 1? El Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No John M.Junkin Bullivant Houser Bailey PC 300 Pioneer Tower 888 SW Fifth Ave. !3. Service Type Portland, OR 97204 't'4 Certified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) 7008 2 810 0001 3 8 31 8033 PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1540 TIGARD City of Tigard March 23, 2011 Kurt Dalbey The Big Dog,LLC 12703 SW 67th Ave. Portland, OR 97223 RE: Land Use Board of Appeals No. 2007-205 Foster Estates Subdivision, City of Tigard File #SUB2007-00003/VAR2007-00013 Dear Mr. Dalbey: The Oregon Land Use Board of Appeals (LUBA) has issued a Final Opinion and Order for the above mentioned case. The parties,-Robert E. Ruedy (petitioner) and City of Tigard (respondent), have requested that the decision challenged in this appeal be remanded to the local jurisdiction (City of Tigard). Upon remand, the City's process is to notify the original applicant,property owners, and all parties involved in the LUBA appeal. As the original applicant you are being notified that the matter is now pending before the City. If you intend to pursue a City decision on the subject application,please provide written notice to the City within thirty-five (35) calendar days of this mailing (March 23,2011). If written notice is received by the City within the thirty-five (35) days,the City shall dismiss the subject application as void due to lack of an applicant pursuing the application. Enclosed please find a copy of the LUBA Final Opinion and Order, along with a copy of the City's procedure for processing land use decisions that are remanded by LUBA,withdrawn by the City, or withdrawn by consent of the parties to the appeal. Sincerely, a. Cheryl A. Gaines Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 7008 2810 0001 3831 7999 VII,' 1 -1 =67 71 g g a M in Fr; 22, 2g co ••••co ^M w ."4 0 O I•-) ,C" : .E A ?a .n cn .-- •—■ — .... (D ,33 111 2, 1 11 a c ci- ..... CO 2 Q.c?, 2, CA Cal ... I I I • ci• zi tc? C‘ 0 'OCL P:1 t 2 r rb, c ---,c r- -, < re: 9, ..■ ,. IQ n ll > , ::-, F. 7=J e -, -`‘-' O 7 Xi -,'I 7 I E Z C) c 0 c. ..... -- 7.-- S11 ..;>, i 2 1:1 ,z, ,,---------I\ --' 0 a 'C'\ i 1.7.i LO ' --° . , E ' -0 , ,.. City of Tiga ' II II I 1 11 1 I II I • - 13125 SW Hall •- • r r ' ILA AOSPID87:106, 6, MIMES, AZEIZIMENSIZID 41.41:".71:1:rk.Ht.1141191-4Va 244‘,5‘,/.1 rMartmarar..ffinanne .strii]gri-,,,,:c:. Nt.musura, PITSVEV at:1,11,Es TIGARD •Tigard, Oregor $ 05.540 —"erAio;,' 0, 11vi 7008 2810 0001 3831 7999 .4 ict. .4" • 000 4293344 MAR 23 2011 '- MAILED FROM ZIP CODE 97223 ,„.0 POs. cScr 40 . e• Oev,..--sr/ Anz......cw Jr marenamaarar f p -:::,...0....eirffstaumc.zar.saseau, ,,/,,,4' ....1X/10222009...ratinam, ,,,N\ Lr.„... . ..z.r.„-Nof •n --pv ',37723UVIERS. MINH 130WES Mr. Kurt Dalbey ''.1Vtifr''''''Ak.7. 02 1M $ 00, i 12703 SW 67th Ave. :14•,:Q''tipi,ki c.. 0004293344 MAR 23 Ir.7:.°.• •1 r. RA All c rs Crlyletn Tin n"mr- T, Pordand, OR ---- ,,-14$ e,„7 \:"' \\ -rj C" 970 N7E-: 1 311C DO DALMV RETURN TO •SENDER MOVED LEFT NO ADDRESS UNABLE TO FORWARD .., RETURN TO SENDER MC: 9722a015799 *1S29-17497-23-09 ..:::-....:.7.----•..1...::::-.'..:"..-.. -' • 4-4--. ' -4*-9-tle'230.183.67 ))))1/hydniiblid»)),)27)/miiinid)7)1111»1)11)1mli :lig II ill TIGARD City of Tigard March 23, 2011 Joyce C. Coiling 959 SW 7th St. Dundee, OR 97115 RE: Land Use Board of Appeals No. 2007-205 Foster Estates Subdivision,City of Tigard File #SUB2007-00003/VAR2007-00013 Dear Ms. Coiling: The Oregon Land Use Board of Appeals (LUBA) has issued a Final Opinion and Order for the above mentioned case. The parties,Robert E. Ruedy (petitioner) and City of Tigard (respondent), have requested that the decision challenged in this appeal be remanded to the local jurisdiction (City of Tigard). Upon remand, the City's process is to notify the original applicant, property owners, and all parties involved in the LUBA appeal. As a property owner you are being notified that the matter is now pending before the City. If you intend to pursue a City decision on the subject application, please provide written notice to the City within thirty-five (35) calendar days of this mailing (March 23, 2011). If written notice is not received by the City within the thirty-five (35) days, the City shall dismiss the subject application as void due to lack of an applicant pursuing the application. Enclosed please find a copy of the LUBA Final Opinion and Order, along with a copy of the City's procedure for processing land use decisions that are remanded by LUBA,withdrawn by the City, or withdrawn by consent of the parties to the appeal. Sincerely, e - a. Cheryl A. Caines Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov U.S. Postal Service CERTIFIED MAIL,., RECEIPT Ln (Domestic Mail •• • ■ • • -• • - I's- Q' For de RE:Land Use Board of Appeals No.2007-205 N Foster Estates Subdivision S U B200 7-0 0 0113/V.\R2U07-00013 m C/ Postage $ '• m — Certified Fee O /� / 7 ra (] VV (Pa O Return Receipt Fee r p (Endorsement Required) • a Restricted Delivery Fee r ` (Endorsement Required) O \:\l, '� � �l co Total Postage 8,Fees $ ru :nr o Joyce C.Coiling co P $ireei,--i'r 959 SW 7th St. ". N or PO Box N. Dundee,OR 97115 City,State,2 PS'Form 3800 August 2008 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si' ture item 4 if Restricted Delivery is desired. X �� £�'�� i El Agent • Print your name and address on the reverse / I ❑Addressee so that we can return the card to you. g, Received by(Printed Name) ` C. Date.f Delivery livery • Attach this card to the back of the mailpiece, G ��� I `� /7 or on the front if space permits. D. Is.elivery address different from' •m 1? • Ye 1. Article Addressed to: If YES,enter delivery ress•-low: ❑ No Joyce C.Coiling 959 SW 7th St. 3. S ice Type Dundee,OR 97115 f Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2, Article Number (Transfer from service label) 7008 2 810 0001 3 8 31 7975 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 TIGARD, City of Tigard March 23, 2011 Charles and Mary Kastel Trust 14259 SW 100th Ave. Tigard, OR 97224 RE: Land Use Board of Appeals No. 2007-205 Foster Estates Subdivision, City of Tigard File #SUB2007-00003/VAR2007-00013 Dear Mr. &Mrs. Kastel: The Oregon Land Use Board of Appeals (LUBA) has issued a Final Opinion and Order for the above mentioned case. The parties,Robert E. Ruedy (petitioner) and City of Tigard (respondent), have requested that the decision challenged in this appeal be remanded to the local jurisdiction (City of Tigard). Upon remand, the City's process is to notify the original applicant,property owners, and all parties involved in the LUBA appeal. As a property owner you are being notified that the matter is now pending before the City. If you intend to pursue a City decision on the subject application, please provide written notice to the City within thirty-five (35) calendar days of this mailing (March 23,2011). If written notice is not received by the City within the thirty-five (35) days, the City shall dismiss the subject application as void due to lack of an applicant pursuing the application. Enclosed please find a copy of the LUBA Final Opinion and Order,along with a copy of the City's procedure for processing land use decisions that are remanded by LUBA,withdrawn by the City, or withdrawn by consent of the parties to the appeal. Sincerely, G,- a. c Cheryl A. Caines Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov U.S. Postal Service CERTIFIED MAIL,: RECEIPT W (Do - `a RE:Land Use Board of Appeals No.2007-205 cr Foster Estates Subdivision R2007-00013 SUB2 l)7-000 03/V. ra m 6IPostage $ m Certified Fee Postmark D Return Receipt Fee n/ e*> D (Endorsement Required) t7( 3 v HereC� D Restricted Delivery Fee (Endorsement Required) ❑ � ( „p Total Postage&Fees $ ru Sent To — ea Charles and Mary Kastel Trust D "Sheer,dpt 14259 SW 100th Ave. D or PO Box (� 'Tigard,OR 97224 City,State PS Form 3800.August r r. - - . lions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. {{ ❑Agent • Print your name and address on the reverse X ' 1 I_ ❑Addressee so that we can return the card to you. B. Received try(¶Sled Name) C. Date of Delivery • Attach this card to the back of the mailpiece, p i or on the front if space permits. A s �'L '�"2 (I D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Charles and Mary Kastel Trust 14259 SW l00't'Ave. Tigard,OR 97224 3. Service Type Dif Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7008 2810 0001 3831 7982 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 TIGARD City of Tigard March 23, 2011 Mary R. Reed 14300 SW 103'Ave. Tigard, OR 97224 RE: Land Use Board of Appeals No. 2007-205 Foster Estates Subdivision, City of Tigard File #SUB2007-00003/VAR2007-00013 Dear Ms. Reed: The Oregon Land Use Board of Appeals (LUBA) has issued a Final Opinion and Order for the above mentioned case. The parties Robert E. Ruedy (petitioner) and City of Tigard (respondent), have requested that the decision challenged in this appeal be remanded to the local jurisdiction (City of Tigard). Upon remand, the City's process is to notify the original applicant, property owners,and all parties involved in the LUBA appeal. As a property owner you are being notified that the matter is now pending before the City. If you intend to pursue a City decision on the subject application,please provide written notice to the City within thirty-five (35) calendar days of this mailing (March 23, 2011). If written notice is not received by the City within the thirty-five (35) days, the City shall dismiss the subject application as void due to lack of an applicant pursuing the application. Enclosed please find a copy of the LUBA Final Opinion and Order, along with a copy of the City's procedure for processing land use decisions that are remanded by LUBA,withdrawn by the City,or withdrawn by consent of the parties to the appeal. Sincerely, c& c- Q . C Cheryl A. Caines Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov U.S. Postal Service, CERTIFIED MAIL,., RECEIPT o (Do RE: Land Use Board of Appeals No.2007-205 .D For Foster Estates Subdivision, S UB2007-00003/V A 82007-00013 r-9 m Postage m Certified Fee Mel —. r9 Return Receipt Fee Postmark I:71 (Endorsement Required) 3 D Rik- O •Restricted Delivery Fee O (Endorsement Required) r9 qJ Total Postage&Fees $ / l)!d nJ ED Sent To Mary.R. Reed o Street,A 14300 SW 103rd Ave. f_ or PO e< 'Tigard, OR 97224 City,SW PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Signature item 4 if Restricted Delivery is desired. �� I� ❑Agent • Print your name and address on the reverse / i_, ❑• Addressee so that we can return the card to you. B. Received by('•rinted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Mary R. Reed 14300 SW 103rd Ave. Tigard,OR 97224 g 3. Service Type .KCertified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise El Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 2810 0001 3831 8002 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 1 �'1 . j ®® • I '_ IH.CTOR'S INT E PRETATPON •)'R2O1O O0004 DATE: October 4,2010 CODE CHAPTER: 18.390 Decision-Making Procedures TOPIC: Development Permit Applications Returning From LUBA LOCATION: Citywide I. BACKGROUND City of Tigard (City) land use decisions that have been appealed to the Oregon Land Use Board of Appeals (LUBA) are periodically remanded by LUBA or withdrawn by the City or by stipulated agreement of the City and the other parties to the appeal. In these instances,the original development permit application, the land use decision which was appealed,is returned for reconsideration by the City. Due to the timeframes of the LUBA appeal process, situations can arise where the original applicant and/or owner are no longer able or desirous of pursuing the application. At present, the Tigard Development Code (TDC) does not address how the City is to proceed in such matters. Because of this ambiguity,this Director's Interpretation is being issued to provide for proper due process and efficient resolution of such situations. II. INTERPRETATION When a City land use decision that has been appealed is remanded by LUBA,withdrawn by the City, or withdrawn by the consent of the parties to the appeal, the following procedures shall be taken prior to reconsideration by the City: 1. Within five days of receipt of the LUBA remand or withdrawal order, the City shall provide written notice both by certified mail and uncertified first class mail to the original applicant, property owners,and all parties involved in the LUBA appeal. This notice shall include a copy of the LUBA order, a copy of this Director's Interpretation, and the City's current land use file number for the subject application before the City pursuant to the LUBA order. 2. Within thirty-five (35) days following mailing of notice from the City pursuant to the above Section 1, the applicant and/or property owner must provide written notice to the City stating their intent to pursue a City decision on the subject application pending before the City. 1 1 of 2 IFOR YOUR INFORMATION ,JORDAN SCHRADER RAMIS 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON 4 ROBERT E. RUEDY, 5 Petitioner, 6 7 vs. 8 9 CITY OF TIGARD, 10 Respondent. 11 12 LUBA No. 2007-205 13 ;R081.1 Fttlt2 sz L BOO 14 FINAL OPINION 15 AND ORDER 16 17 Appeal from City of Tigard. 18 19 Robert E. Ruedy,Tigard, represented himself. 20 21 Timothy V. Ramis, Lake Oswego, represented respondent. 22 23 RYAN, Board Member; HOLSTUN, Board Chair; BASSHAM, Board Member, 24 participated in the decision. 25 26 REMANDED 03/08/2011 27 28 You are entitled to judicial review of this Order. Judicial review is governed by the 29 provisions of ORS 197.850. Page 1 1 Ryan,Board Member. 2 The parties request that the decision challenged in this appeal be remanded. 3 Accordingly,the decision is remanded. Page 2 Certificate of Mailing I hereby certify that I served the foregoing Final Opinion and Order for LIJ BA No. 2007-205 on March 8, 2011, by mailing to said parties or their attorney a true copy thereof contained in a sealed envelope with postage prepaid addressed to said parties or their attorney as follows: Damien R. Hall Jordan Schrader Ramis PC 2 Centerpointe Dr 6th Fir Lake Oswego, OR 97035 John M. Junkin Bullivant Houser Bailey PC 300 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Robert E.Ruedy 14185 SW 100th Avenue Tigard, OR 97224-4951 Dated this 8th day of March, 2011. --1� Kelly Burgess isti Seyfried'" Paralegal Executive Support Specialist 1274/411 FOR YOUR INFORMATION JORDAN SCHRADER RAMIS 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON `O 3 CJ�`�` 4 ROBERT E. RUEDY, NS 1.0 5 Petitioner, 11 6 1pa� 00.v4 o 78 01 vs. 6 .(`0 O 9 CITY OF TIGARD, P 10 Respondent. 11 12 LUBA No. 2007-205 E; LLIBR 13 14 FINAL OPINION 15 AND ORDER 16 17 Appeal from City of Tigard. 18 19 Robert E. Ruedy, Tigard, represented himself 20 21 Timothy V. Ramis, Lake Oswego, represented respondent. 22 23 RYAN, Board Member; HOLSTUN, Board Chair; BASSHAM, Board Member, 24 participated in the decision. 25 26 REMANDED 03/08/2011 27 28 You are entitled to judicial review of this Order. Judicial review is governed by the 29 provisions of ORS 197.850. Page 1 1 Ryan, Board Member. 2 The parties request that the decision challenged in this appeal be remanded. 3 Accordingly,the decision is remanded. Page 2 Certificate of Mailing I hereby certify that I served the foregoing Final Opinion and Order for LUBA No. 2007-205 on March 8, 2011, by mailing to said parties or their attorney a true copy thereof contained in a sealed envelope with postage prepaid addressed to said parties or their attorney as follows: Damien R. Hall Jordan Schrader Ramis PC 2 Centerpointe Dr 6th Flr Lake Oswego, OR 97035 John M. Junkin Bullivant Houser Bailey PC 300 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Robert E. Ruedy 14185 SW 100th Avenue Tigard, OR 97224-4951 • Dated this 8th day of March, 2011. rc.C;7c e-(1.---' 4>: Kelly Burgess isti Seyfried Paralegal Executive Support Specialist R • CLIENT'S COPY JORDAN RECEIVED SCH RADDE R February 23,2011 FEB 13 2011 ATTORNEYS Al LAW. City of Tigard Kelly Burgess Administration JORDAN SCHRADER RAMIS PC Oregon Land Use Board of Appeals Public Utility Commission Building 550 Capitol St NE Ste 235 Salem OR 97301-2552 Re: Ruedy v. City of Tigard LUBA Case No.2007-205 Our File No. 50014-36794 Dear Ms. Burgess: TIMOTHY V.RAMIS Enclosed for filing in the above-entitled matter is the original and one copy of a Stipulated Motion to Remand Appeal. Admitted in: Oregon Please return the enclosed confirmation post cards to the parties indicating the date of filing. Thank you for your assistance in this matter. Sincerely, Direct Dial (503)598-5573 JORDAN S -TRADER RAMIS Pc E-mail ra mi s©jordanschrade r.com Timothy V. Ramis Enclosures cc w/encl.: Robert E. Ruedy City of Tigard 110 •ES1 • 30014.36794 243870 1.DOC\MEE/2/22/2011 Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 www.jordanschrader.com 1498 SE Tech Center Place, Suite 380 Vancouver,WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 Toll Free: 888.598..7070 1 2 3 BEFORE THE LAND USE BOARD OF APPEALS 4 FOR THE STATE OF OREGON 5 ROBERT E. RUEDY, Case No. LUBA No. 2007-205 6 Petitioner, 7 v. 8 CITY OF TIGARD, 9 Respondent. 10 11 STIPULATED MOTION TO REMAND APPEAL 12 13 Petitioner Robert E. Ruedy and Respondent City of Tigard, move to remand the 14 above captioned appeal, due to the inability of the parties to resolve the appeal through 15 extended negotiations,both direct and mediated, with the ultimately non-responsive 16 applicant. 17 Petitioners and Respondent hereby request from the Board an order remanding the 18 above captioned appeal. 19 Dated this 22nd day of February,2011. 20 JORDAN SCHRADER RAMIS PC ROBERT E. RUEDY 22 Timothy V 'amis, OSB#753110 Robert E. Ruedy Damien ' . Hall, OSB #083465 14185 SW 100th Avenue 23 Jordan Schrader Ramis PC • Tigard, OR 97224 Two Centerpointe Drive,6th Floor Pro Se Representative for Petitioner 24 Lake Oswego,OR 97035 Attorneys for Respondent City of 25 Tigard Page 1 —STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law • PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36794 11 02_22 Ruedy_v_ A .. CERTIFICATE OF FILING AND SERVICE I hereby certify that on the date shown below,I filed the original and one (1)copy of the foregoing STIPULATED MOTION TO REMAND APPEAL by first class mail,postage prepaid,to the Board, on: Oregon Land Use Board of Appeals Public Utility Commission Building 550 Capitol St NE Ste 235 Salem OR 97301-2552 © by first class mail, postage prepaid. by facsimile transmission and first class mail, postage prepaid. by electronic transmission and first class mail,postage prepaid. DATED: February 22"d, 2011. mothy V. Ramis, OSB # 753110 Damien R. Hall, OSB#083465 Attorneys for Respondent City of Tigard CERTIFICATE OF FILING AND SERVICE 1 2 3 BEFORE THE LAND USE BOARD OF APPEALS 4 FOR THE STATE OF OREGON 5 ROBERT E. RUEDY, Case No. LUBA No. 2007-205 6 Petitioner, 7 v. 8 CITY OF TIGARD, 9 Respondent. 10 11 STIPULATED MOTION TO REMAND APPEAL 12 13 Petitioner Robert E. Ruedy and Respondent City of Tigard, move to remand the 14 above captioned appeal, due to the inability of the parties to resolve the appeal through 15 extended negotiations, both direct and mediated,with the ultimately non-responsive 16 applicant. 17 Petitioners and Respondent hereby request from the.Board an order remanding the 18 above captioned appeal. 19 Dated this 22"day of February,2011. 20 JORDAN SCHRADER RAMIS PC ROBERT E.RUEDY 21 By: 1Z .AA z, :A _ I 22 imothy V 'amis, OSB #753110 Robert E. Ruedy Damien . Hall, OSB#083465 14185 SW 100th Avenue 23 Jordan Schrader Ramis PC • Tigard, OR 97224 Two Centerpointe Drive, 6th Floor Pro Se Representative•for Petitioner 24 Lake Oswego, OR 97035 Attorneys for Respondent City of 25 Tigard Page 1 —STIPULATED MOTION TO REMAND APPEAL JORDAN S H A aERRAMIS PC PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36794 11_02_22_12uedy_v • CERTIFICATE OF FILING AND SERVICE I hereby certify that on the date shown below, I filed the original and one(1)copy of the foregoing STIPULATED MOTION TO REMAND APPEAL by first class mail,postage prepaid,to the Board, on: Oregon Land Use Board of Appeals Public Utility Commission Building 550 Capitol St NE Ste 235 Salem OR 97301-2552 X by first class mail,postage prepaid. by facsimile transmission and first class mail,postage prepaid. by electronic transmission and first class mail,postage prepaid. DATED: February 22"d,2011. imothy V. Ramis, OSB#753110 Damien R. Hall, OSB#083465 Attorneys for Respondent City of Tigard CERTIFICATE OF FILING AND SERVICE JORDAN SCH RADE R ATTORNEYS AT LAW January 21, 2011 JORDAN SCHRADER RAMIS PC Kell :urgess Land Board of Appeals PUC Bui1.' g 550 Capitol NE Ste 235 Salem OR 9731 -2552 Re: Reudy v. City of Tigard LUBA Case No. 2007-205 Our File No. 50014-36794 Dear Ms. Burgess: TIMOTHY V.RAMIS Enclosed for filing in the above entitled matter is a Stipulated Motion to Admitted in: Remand Appeal, and one (1) copy. Oregon Please return the enclosed confirmation postcards to the parties, indicating the date of filing. Thank you for your assistance in this matter. Direct Dial (503)598-5573 Sincerely, E-mail JORDAN SCHRADER RAMIS PC tim.ramis@jordanschrader.corn Timothy V. Ramis Enclosures cc: w/enc City of Tigard g Robert E. Reudy 101! IIES A,711 11141111,,.8 50014-36794 232789_i.DOC 10ED/1/21/2011 Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 www.jordanschrader.com 1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 Toll Free: 888.598.7070 1 2 BEFORE THE LAND USE BOARD OF APPEALS 3 FOR THE STATE OF OREGON 4 5 6 ROBERT E. RUEDY 7 Petitioner, LUBA No. 2007-205 8 v. STIPULATED MOTION TO REMAND APPEAL 9 CITY OF TIGARD, 10 Respondent, 11 - I 12 STIPULATED MOTION TO REMAND APPEAL 13 Petitioner Robert E. Ruedy and Respondent City of Tigard, move to remand the above 14 captioned appeal, due to the inability of the parties to resolve the appeal through extended 15 negotiations, both direct and mediated. 16 Through mediations, the Petitioner and a representative of the applicant before the City, 17 (whose approval is the subject of this appeal but is not a party to the appeal)have agreed in 18 principal to the specific terms and conditions. In exchange for agreeing to stipulate to this 19 motion for remand, Petitioner conditions that these terms be included in this motion and be 20 incorporated into the City's review and action under the City of Tigard Director's Interpretation 21 DIR2010-00004 and otherwise, of the application subsequent to its remand. The terms and 22 conditions are as follows. 23 24 25 Page 1 — STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr e Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Fax (503)598-7373 50014-36794 Ruedy v.Tigard-Motion for Stip Renmd(1 Ut/1/182011 1 "1. Road, Vehicle & Pedestrian Traffic and other Circulation aspects: The road, 2 traffic and pedestrian aspects of this subject development access/egress area have 3 been quite a dangerous element for the entire 18 years of this petitioners residency 4 on SW 100th Avenue; and based on conversation with others who have lived here 5 longer, were a problem for an unknown number of years prior. Within this 6 petitioners years of residency however, conversation of all neighbors has been to 7 try and figure out how to improve the safety, reduce noise and concurrently 8 improve the other collector road livability perspectives, with minimal impacts to 9 all property owners access/egress and overall livability for all who reside adjacent 10 to, and/or drive, this section of roadway. The road improvements, that being the 11 addition of a 3-Way Stop at the bottom of the"s-curve" for the new additional 12 entry of the Foster Estates access and its many residents, will be a definite 13 improvement to slow traffic on this portion of the road, especially with 14 appropriate signage as to the traffic change. The other problem that has existed is 15 that of keeping vehicles in their respective traffic lane(s). This petitioner, along 16 with other neighbors, wish to request that the centerline and road edge both 17 incorporate the use of appropriately epoxied and/or adhered 8" diameter x 3" high 18 yellow and white semi-spherical "lane delineation bumps"to encourage vehicles 19 to remain in their appropriate lanes while navigating the curve(s) and/or new 20 intersection. Please refer to the attached drawing(Exhibit A)and example 21 photos (Exhibit B) of other such applications in the area (and examples of 22 "ditch ornaments"), for further clarification on this issue. The in-line spacing 23 of these should be no greater than 4 feet throughout the s-curve and intermediate 24 road section (to discourage drivers and bicyclists to not use them as a slalom 25 course), and the centerline bumps should extend a minimum of 75 feet beyond the Page 2— STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr 6th Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Fax (503)598-7373 50014-36794Ruedy v.Tigard-Motion for Stip RemandF 1lWR/1/182011 1 s-curve in both directions to negate the urge for improper lane use. Many longer 2 vehicles such as fire trucks, school busses, moving/delivery vans, dump trucks 3 w/pups, etc. generally occupy some or all of the oncoming lanes in this section of 4 road way, the solutions above will serve two purposes: 5 a. It will slow oncoming traffic to a point that they can easily stop or avoid 6 an accident with one of these less maneuverable vehicles noted above, and 7 b. Since these longer vehicles are significantly encroaching on the oncoming 8 lanes it will maintain their speed at a slow enough rate as to not endanger the 9 vehicles and lives of occupants of oncoming traffic that are legally traveling in 10 their proper lane. 11 12 2. Traffic Impact and Circulation Study: In addition to these road improvements 13 noted in item#1 above, it is requested and deemed necessary that the City of 14 Tigard enact all traffic study improvements that are suggested by the subject 15 property's required Traffic Impact and Circulation Study being provided by an 16 independent 3rd Party Professional Expertise vendor. 17 18 3. Street Lighting: It is requested and deemed necessary that adequate street 19 lighting be required at both ends, and consistently along the subject 20 development's street frontage to encourage traffic and pedestrian safety, and 21 neighborhood security. 22 23 4. Visual Screen and Noise Buffering: It is requested and deemed necessary that a 24 12' high (with 3' centerline spacing) arborvitae hedge be located approximately 25 10 feet away from the subject North property line of the developments' northern Page 3—STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpomte Dr 6'"Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Fax: (503)598-7373 5 001 4-3 6794 Randy v.Tigard-Motion for Stip Remands 1 J IR/1/18/2011 1 lots adjacent to Tax Lot 500. This would begin close to the Northeast corner of 2 the SW 100th Avenue property line of said development; continue uninterrupted 3 along this 10 foot offset distance from the development's North property line 4 adjacent to Tax Lot 500, then extend to a conclusion 30 feet to the west beyond 5 Tax Lot 500's western most property line and property corner. 6 7 5. Storm Drainage: 8 A. It is requested and deemed necessary that the developer provide a comprehensive 9 study and inclusion of all findings being implemented by the subject developer 10 relating to the tributary area for storm water runoff, collection, retention and 11 controlled release relating to all pervious and impervious surfaces associated with 12 their development and all tributary areas associated with this topographical 13 location. 14 B. It is requested and deemed necessary that the existing storm drainage catch basin 15 at the northeast property corner of this subject property development (southeast 16 property corner of Lot 500)be relocated to as far a location further up SW 100th 17 Avenue as possible and/or practical to collect and tie-into the storm drainage 18 system it is currently a part of. 19 C. Following the developers' removal and/or relocation of the existing catch basin at 20 the southeast corner of Lot 500,the existing rip-rapped collection basin shall be 21 remediated to exist at the final shoulder grade matching all existing surfaces and 22 to city road and shoulder standards prior to completion of the developments' City 23 of Tigard required half-street road improvements. 24 D. It is requested and deemed beneficial to the development and overall 25 neighborhood livability that the storm water detention, and controlled release Page 4—STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr 6th Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Fax (503)598-7373 5 001 4-36 794 Ruedy v.Tigard-Motion for Stip Remand(1 1IR/1/18/2011 1 system be located below grade and that the surface, at curb height (or slightly 2 above) be fully landscaped and available as a park or playground for both the 3 residents of the development and overall neighborhood public use. 4 E. It is requested and deemed necessary that the developer provide a single retaining 5 wall design as depicted in the Land Use Decision appeal exhibit(s) confirmed as 6 an effective solution by the developers' 3`3 Party Civil and Structural Engineers. 7 8 7. Existing Utilities: It is requested and deemed necessary that all existing 9 "overhead utilities along SW 100t Avenue be relocated to underground conduits 10 and vaults as applicable to current City of Tigard road improvement and 11 development standards. 12 13 8. Safety/security fencing: It is requested and deemed necessary that a 6 foot high 14 (1' lattice top above a 5 foot high, 3/4"thick x 6 inch wide, 2" overlapped, #1 15 solid cedar board "good neighbor" type or equal) fence be installed along the 16 North property line parallel to the common property line with Tax Lot 500. 17 However, it shall not encroach on Tax Lot 500 or its property corner survey 18 markers in any manner. For safety purposes,the eastern most 50 feet of fencing 19 should probably be only 3 feet high (and not contain the 1 foot lattice top)to 20 accommodate vehicle and pedestrian sight lines along SW 100th Avenue. Fencing 21 accommodations for the continued growth of the three existing Cedar trees along 22 this fence/property line would be appreciated. If the developer is displeased with 23 the fence line offsets at the trees to protect and minimize any potential negative 24 impacts on their root systems, then approval by its properly licensed expert 25 Page 5 — STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr 6'"Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Fax: (503)598-7373 50014-36794 Ri edy v.Tigard-Motion for Stip Remand 111 V2/1/1&2011 1 arborist should precede any fencing installation decisions. See attached drawing 2 (Exhibit C). 3 4 9. Fire Hydrant: It is requested and deemed necessary that the existing Fire 5 Hydrant be relocated using City of Tigard standards to a point within the newly 6 revised right-of-way, but it is to still remain at its current alignment with relation 7 to the southeast corner of Tax Lot 500. This current location impacts the 8 petitioner's current and future Tax Lot 500 fire insurance coverage, and is 9 therefore necessary to remain at that location just a few feet south of the Tax Lot 10 500 property corner. It is requested that the City of Tigard test this fire hydrant 11 for pressure and flow both prior to and following development to confirm that 12 there is no detrimental change to its current capabilities. It is further requested 13 that all testing be documented, certified to the owner(s) of Tax Lot 500 at their 14 current address, and archived at the City of Tigard for public review upon request. 15 16 10. Water Pressure: It is requested and deemed necessary that the subject 17 development improvements are to not lower the current and future Tax Lot 500 18 residence domestic potable water pressure and/or flow in any manner. Evidence 19 of all water pressure and flow testing shall be confirmed in writing by the City 20 Water Department that water pressures and flows will be maintained throughout 21 any activities and/or impacts of this subject development activity, and that 22 adequate water pressure and flow will remain the same if not improved for the 23 many other parcels in the area capable of their future development. 24 25 Page 6—STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr 6m Floor -RC:0) Lake Oswego OR 97035 Telephone: (503)598-7070 Fax: (503)598-7373 5001436794Ruady v Tigard-Motion for Stip Remand(11\R/1/182011 1 11. Environmental Impact Study: It has been common knowledge that illegal drug 2 activity has been occurring within and around both homes on the subject 3 development property. It is hereby requested and deemed necessary that a 4 comprehensive environmental impact study be performed on the homes and 5 properties in said development application, and that this study shall also contain 6 all environmental impact aspects including, but not limited to, asbestos 7 abatement, lead abatement, petroleum storage, petroleum products spillage, and 8 other hazard and/or toxic substance abatements that are associated with burning 9 toxic substances within the fireplaces, etc. This is requested and deemed 10 necessary to be comprehensively performed and signed-off by both the 11 independent 3`"party environmental impact firm and the City of Tigard prior to 12 demolition of any structures or excavation of said property(ies). 13 14 12. Tree Protection and Preservation Plan: It is requested and deemed necessary 15 for the developer to provide a comprehensive"Tree& Shrub Protection and 16 Preservation Plan" for all applicable trees and shrubs on parcels adjacent to the 17 subject City of Tigard SUB2007-00003 and SUB2007-00015 subdivision 18 properties. This is to protect the adjacent property trees and shrubs root systems 19 and canopies when they exist within the subject subdivisions' properties, and shall 20 be noted and comprehensively contained within those subject subdivision parcels 21 deed of record. 22 23 13. Non-Remonstrance of Tax Lot 500 future development: In addition to the 24 topics contained elsewhere within this document, the developer agrees to execute 25 a non-remonstrance clause and include all relevant items within the deeds of Page 7— STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr 6m Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Fax (503)598-7373 50014-36794 Rusdy v.Tigard-Motion for Stip Remand(1 1 IR/1/18/2011 1 record for all properties within the City of Tigard SUB2007-00003 and SUB 2 2007-00015 Land Use Decision(s) subdivision." 3 4 The respondent agrees to facilitate and incorporate within a remand hearing, if a remand 5 hearing is held, at a minimum the conditions set forth in this stipulated motion for remand. They 6 further agree to facilitate a formal binding arbitration process through the Arbitration Service of 7 Portland or other mutually agreed Independent 3`a Party Arbitration service, at the expense of 8 either the requesting remand hearing party or City,to resolve any unresolved conditions or 9 stipulations herein to a mutually beneficial outcome of both parties of this subject Land Use 10 Board of Appeals case. 11 The exhibits referred to in the above terms are not included herein, but the parties agree 12 that they will be included in the record for the City proceedings on this matter subsequent to 13 remand. 14 Petitioners and Respondent hereby request from the Board an order remanding the above 15 captioned appeal based on, and subject to, the stipulations and conditions stated herein. 16 Dated this V day of January, 2011. 17 JORDAN SCHRADER RAMIS PC ROBERT E. RUEDY 18 „ ' B . By: A as 19 Timothy V. Ramis, OSB #753110 'o•ert E. Ruedy Damien R. Hall, OSB #083465 Petitioner 20 Attorneys for Respondent City of Tigard Pro Se 21 22 23 24 25 Page 8— STIPULATED MOTION TO REMAND APPEAL JORDAN SCHRADER RAMIS PC g Attorneys at Law Two Centerpointe Dr 6th Floor Lake Oswego OR 97035 Telephone: (503)598-7070 Far (503)598-7373 50014-36794 Ruedy v Tigard-Motion for Stip Rernand(l I R/1/18/2011 1 CERTIFICATE OF FILING AND SERVICE 2 I hereby certify that on the date shown below, I filed a true and correct copy of the 3 foregoing STIPULATED MOTION TO REMAND APPEAL together with one copy with: 4 Land Use Board of Appeals PUC Building 5 550 Capital Street NE Ste 235 6 Salem OR 97301 7 I further hereby certify that on the date shown below, I served a true and correct copy of 8 the foregoing STIPULATED MOTION TO REMAND APPEAL on: Robert E. Ruedy Timothy V. Ramis, OSB #753110 9 Pro Se Representative Jordan Schrader Ramis PC 10 14185 SW 100th Avenue Two Centerpointe Drive, 6th Floor Tigard, OR 97224 Lake Oswego, OR 97035 11 Petitioner Attorneys for Respondent City of Tigard 12 jKilby first class mail, postage prepaid. 13 a'� 2011. DATED: January 14 V' 15 Timothy V. Ramis, 0 # 753110 Damien R. Hall, OSB #083465 16 Attorneys for Respondent City of Tigard 17 18 19 20 21 22 23 24 25 CERTIFICATE OF FILING AND SERVICE JORDAN SCHRADER RAMIS PC Attorneys at Law Two Centerpointe Dr 6th Flr Lake Oswego OR 97035 Telephone: (503)598-7070 Fax: (503)598-7373 50014-36794 Ruedy v.Tigard-Motion for Stip Remand[1l1R/1/18/1011 CLIENT'S COPY JORDAN S CH RADE R , RECEIVED PLANNING • ATTORNEYS AT LAW • st 16, 2010 AUG 17 2010 Kelly Burg- CITY OF TIGARD JORDAN SCHRADER RAMIS PC Land Use Boar..of Appeals PUC Building 550 Capitol St NE St- 235 Salem OR 97301-2552 • Re: Reudy v. City of Tigard LUBA Case No. 2007-205 Our File No. 50014-36794 Dear Ms. Burgess: DAMIEN R.HALL Regarding the matter referenced above,the case remains stayed currently. The City of Tigard and Petitioner continue efforts to settle the case. Admitted in: Oregon and California Please contact us with any questions or concerns. Sincerely, JORDAN SCHRADER RAMIS Pc Direct Dial Arr (503)598-5535 / Damien ' . Hal E-mail damien.hall@jordanschrader.com / cc: City of Tigard V 1011 TIES n,,,, 50014-36794 200232.docICED/8/16/2010 Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 www.jordanschrader.com 1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 Toll Free: 888.598.7070 i-pi uu I u Uo.40p r1-i earn a Lriergy i ransnro OL4-040/ p. �41g 1.1`-20 3/36 / 14185 S.11" 100'"Avenue, Tigard, Oregon 97224-4951, Phone (503)620-5997 March 30, 2010 State of Oregon, Land Use Board of Appeals Attn: Ms. Kelly Burgess, Paralegal and Ms. Kristi Seyfried, Executive Support Specialist PUC Building 550 Capitol Street NE, Suite 235 Salem, OR 97301-2552 Subject: Ruedy v, City of Tigard LUBA No. 2007-205, Land Use Decision Status Dear Ms. Burgess and Ms. Seyfried: In response to your correspondence dated March 22, 2010 requesting a status update on the subject LUBA Claim, and per our phone conversation late last week; to date I have not received any notification by the City of Tigard regarding its abandonment, invalidation, and/or rescission of the subject City of Tigard Land Use Decisions. I checked with Hap Watkins, the City of Tigard Building Official, at the City on February 10, 2010 at 1:15 PM, and again last week on March 25, 2010 at 9:30 AM. but neither occurrence provided confirmation of any rescission, abandonment or cancellation of the Land Use Decision by the City. He further stated he would again refer my concern to the responsible planner at the City of Tigard Planning Department who replaced Emily Eng, the original planner assigned to the subject Land Use Decision. I then called Jenny DeGregario at Jordan-Schrader-Ramis, PC (JSR) on March 25, 2010 at 9:40 AM. She reflected dismay that nothing had happened by the City to this point and that she would look into the issue since there had been a change in staffing at both JSR and the City Planning Department following our last correspondence on the subject. I left my phone number with her for follow-up on their end and have heard nothing to this point in time. It currently appears that this entire remaining LUBA process awaits action by the City of Tigard and their attorney representation through Jordan-Schrader-Ramis PC. I eagerly await their confirmation of rescission and cancellation of the Land Use Decision so I can subsequently remand my LUBA claim for dissolution and final closure on the matter. Respectfully submitted, �i Cam. Robert E. Ruedy CC: File, Foster Estates Subdivision, City of Tigard (SUB)2007-00003 and (VAR)2007-00013 Jenny DeGregario and Tim Ramis of Jordan-Schrader--Ramis, PC John M. Junkin, Garber-Schubert-Barer (GSB Law) Rob Cones o,ideece) 3130(2010 r! !"17 .� JORDAN SCH RADE R ATTORNEYS AT LAW October 27, 2009 f .. IultlAN SCIIRADER R.kMl PC Kelly Bjirgess Land'6se Board of Appeals .=-PUC Building 550 Capitol St NE Ste 235 Salem OR 97301-2552 Re: Reudy v. City of Tigard LUBA Case No. 2007-205 Our File No. 50014-36794 Dear Ms. Burgess: DAMIEN R.HALL Regarding the matter referenced above, the case remains stayed currently. Admitted in The City of Tigard has reinstated communication with the Petitioner and is Oregon and California undertaking efforts to settle the case. Please contact us with any questions or concerns. Sincerely, Direct Dial JORDAN SCHRADER RAMS PC (503)598-5535 Email damten hall@iordanschrader.com Damien R. Hall cc: City of Tigard 10( TIESi .J 50014-36793 1 78177.docLSM11/1007,2009 Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503 598.7070 Fax: 503.598.7373 www.jordanschrader.com 1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 Toll Free: 888.598.7070 1 t. . o F v \ F u ; o Land Use Board of Appeals : .::.z; PUC Building lg`. %/ Theodore R.Kulongoski,Governor 550 Capitol Street NE,Suite 235 Salem,OR 97301-2552 (503)373-1265(Voice/TTY) September 15, 2009 (1962:91) Y t OL-S -1 .g.,c, Robert E. Ruedy (Attic i`'! C•• 9:: C ,4 fr - 14185 SW 100th Avenue Tigard, OR 97224-4951c;L _�; 'y, r; (XC rs f l•u Robert T. Yamachika 3(‘',_:566<<�“f !> Jordan Schrader Ramis PC 'r--Noi Of q/2' / I . PO Box 230669 Portland,OR 97281 AL -:85;4414/2/d V CAtc:E ik' 3r,ie RE: Ruedy v. City of TigardlANYEe-- cj k'?Mt- 64A/614i LUBA No. 2007-205 16 Meg. The Board requests that the parties advise it of the current status of the above-referenced appeal within 14 days from the date of this letter. Very truly yours, AL'AAJULA\P::-.. . ...N?..c. "—..---. Kelly Burg ss " Paralegal t r'" 14185 S.W. 100t Avenue, Tigard, Oregon 97224-4951, Phone (503)620-5997 September 30, 2009 Land Use Board of Appeals Attn: Ms. Kelly Burgess, Paralegal PUC Building 550 Capitol Street NE, Suite 235 Salem, OR 97301-2552 RE: Ruedy vs. Tigard LUBA No. 2007-205, Land Use Decision Status Dear Ms. Burgess, In response to your correspondence dated September 15, 2009 requesting a status update on the subject LUBA Claim, and per our phone conversation late last week; to date neither I nor my land use attorney representative, John Junkin, have received any notification by the City of Tigard regarding its abandonment, invalidation, or rescission of the subject City of Tigard Land Use Decision. We eagerly await their confirmation of said action so we can subsequently remand our LUBA claim for dissolution and final closure on the matter. Respectfully submitted, Robert E. Ruedy CC: File, Foster Estates Subdivision, City of Tigard (SUB)2007-00003 & (VAR)2007-00013 Robert T. Yamachika & Tim Ramis of Jordan Schrader Ramis, PC Foster Estates Subdivision LUBA Filing,notification of current status Page 1 of 1 09x30/09