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Planning Commission Packet - 03/16/1976 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. AGENDA Tigard Planning Commission March 16, 1976 - 7:30 p.m. Twality Jr. High School - lecture room 14650 SW 97th Ave. , Tigard, Or. 97223 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF MINUTES: March 2, 1976 4. COMMUNICATIONS: 5. PUBLIC HEARINGS: 5.1 CONDITIONAL USE PERMIT CU 10-76 (Scherr) A request by Michael Scherr for permission to operate a billiard parlor and equipment sales establishment at 12760 SW Pacific Hwy. (continued from March 2, 1976) 5.2 ZONE CHANGE ZC 8-75 (N.P.O. #3) Request for approval of rezoning of lands within the boundaries of "NPO #3 Plan for Derry Dell - Foot of Bull Mountain Area" to conform with the adopted Compre- hensive Plan, as amended. r 5.3 CONDITIONAL USE PERMIT CU 11-76 (Tigard Community Youth Services) A request by Tigard Community Youth Services, Inc. to oper- k ate a youth counseling center in a C-3 (general commercial) a zone at 13400 SW Pacific Hwy. (Wash. Co. tax map 2S1 2CC, } tax lot 100) . r'. hi 5.4 VARIANCE V2-76 (Hakola) A request by Jerry Hakola to grant an exception to the Tigard Municipal Code Secti:on 18.30.040 - Front Yard Set- back Requirements and Section 18.60.120 - Minimum Space Requirements for Off-Street Parking in a C-3M zone (general ` commercial Main St. ) at 12380 SW Main St. (Wash. Co. tax it map 2S1 2AB, tax lot 4000) . ; 5.5 VARIANCE V 3-76 (Bishop) i` A request by Wilbur Bishop to grant an exception to the TMC, Section 18.30.040 - Front Yard Setback Requirements in a C-3M (general commercial Main St. ) zone at 12294-96 Main St. (Wash. Co. tax map 2S1 2CC, tax lot 100) . {t.L El f 4 I .ti page 2 PC Agenda March 16, 1976 k 5.6 SIGN CODE REVISION SCR 1-76 A proposal to amend the Tigard Sign Code (Ch. 16, TMC) to establish free-standing sign size standards according to traffic speed and number of travel lanes and to eliminate free-standing sign size restrictions based on lot frontage; also, to reduce the maximum permissible height to 25 ft. 5.7 ZONING ORDINANCE AMENDMENT ZOA 2-76 A proposed amendment of the Tigard Zoning Code, amending Chapter 18.20 to include a new zoning classification for 3 dwelling. units per acre (R-10) . n 6. OTHER BUSINESS: 7. ADJOURNMENT: MINUTES ' _. C +; Tigard Planning Co mission March 16, 1976 - 7:30 p.m. Twality Junior High School - lecture room 14650 SW 97th Ave. , Tigard, Oregon 1. CALL TO ORDER: The meeting was called to order at 7:40 p.m. by Commissioner Popp in the absence of Chairman Porter. 2. ROLL CALL: Present: Moore, Nicoll, Popp, Sakata, Wakem, Goldbach; staff: Bolen and Laws Absent: Porter and Ems 3. APPROVAL OF MINUTES: The minutes of 3/2/76 were approved as read. 4. COMMUNICATIONS: None. 5. PUBLIC HEARINGS 5.1 CONDITIONAL USE CU 10-76 (Scherr) A request by Michael Scherr for permission to operate a billiard parlor and equipment sales establishment at 12760 SW Pacific Hwy. (continued from March 2, 1976, meeting) kY A. Staff Report: read by Bolen - reiteration of the staff findings of the 3/2/76 meeting B. Applicant Presentation: o Mr. Scherr stated that he had made a parking lot survey at the hours of 12:00, 3:00 and 6:30 p.m. at which time he stated that at no time was there fewer than 30 vacant spaces during the weekdays and during the weekend there were a minimum of 15 spaces available. o Mr. Jim Sutton, speaking on behalf of Mr. Scherr, pointed out to the Commission that an additional 14 spaces were available on the adjoining tax lot for the proposed use. C. Public Testimony: None. D. Staff Recommendation: DENIAL, based on findings stated in the staff recommendation of 3/2/76. E. Rebuttal: o Sutton stated that with the additional 14 parking ,; stalls sufficient parking needs would be met for the proposed facility. page 2 PC Minutes March 16, 1976 x F. Commission Discussion and Action: o Nicoli stated that he felt that staff was saying that any owner of the subject property could not use the site because there would be insufficient parking to meet the off-street parking requirements of the Code. o Sakata stated that the proposed use would generate more parking needs than were available on the site. o Wakem asked staff that, given the 14 additional parking I�, spaces, how much short would off-street parking needs be? o Popp stated that, upon his observation of this site, he saw that at no time would there be a parking problem and that he could not deny a request based on lack of parking. o Nicoli moved for approval on the findings that there was a community need, that sufficient parking existed on the site, that no adverse traffic effects would'Lbe created on Pacific Hwy. and that the applicant had shown that there were no other suitable sites available to operate his business. o Seconded (Popp) . o Motion failed by a 4-2 count - Nicoll and. Popp, aye; Sakata, Goldbach, Wakem and Moore, no. o Mr. Scherr was informed of his right to appeal the Planning Commission decision to :e City Council. 5.2 ZONE CHANGE ZC 8-75 (NPO #3) f Request for approval of rezoning of lands within the boundaries .. of NPO #2 Plan for Derry Dell-Foot of Bull Mountain Area, to conform with the adopted Comprehensive Plan, as amended. f/ A. Staff Report: read by Bolen. Bolen gave a brief explanation of the intent of the zoning proposals to bring lands into conformance with the rt:.. adopted NPO #3 land use plan. B. Public Testimony o Attorney Lou Fasano speaking on behalf of property • owner Don Pollock, stated that his client had not e.. received notice of the rezoning hearing. tea, _ A1111,11.111111.11 { page 3 PC Minutes March 16, 1976 o Wakem asked Fasano if his client was opposed to the rezoning. o Fasano responded affirmatively, because his client was losing a unit per acre under the proposed re- zoning and it becomes a matter of economics. C. Staff Recommendation o Staff recommended APPROVAL on the condition that the rezoning not be sent along to the City Council until an R-10 zone has been acted upon by the Planning Commission. o Nicoli recommended tabling this item. o Sakata motioned to postpone until the Commission can act on the R-10 zoning ordinance amendment. o Seconded (Nicoli) . o Approved unanimously. 5.3 CONDITIONAL USE CU 11-76 (Tigard Community Youth Services) A request by Tigard Community Youth Services, Inc. to oper- ate a youth counseling center in a C-3 (general commercial) zone at 13400 SW Pacific Hwy. (Wash. Co. tax map 2Sl 2CC, tax lot 100) . A. Staff Report: read by Laws. B. Applicant Presentation o Pat Furrer, attorney for the applicant, presented the request for the youth counseling center, pointing out the established community need for such a facility. o Mike Pieracci, counselor for the proposed center, stated the program hours of operation would be from noon until 8:00 p.m. C. Public. Testimony o Larry Shannon, the Board Chairman of the Tigard Youth Services, thanked the people of Tigard for their assistance in the proposed youth counseling center. 0 D. Staff Recommendation: APPROVAL with the following conditions: 1. That a conditional use permit be granted for a period of one (1) year. • 1 page 4 tY .. PC Minutes 3/16/76 2. That if the applicant desires an extension of the permit at the end of the 1 year limit, the site would be subject to full site improvements, to include landscaping and paved parking areas to be approved by the Design Review Board. E. Rebuttal: None. F. Commission Discussion and Action o Nicoli stated that he disagreed with staff's one year conditional use proposal on the basis that it would be dictating the Commission's action at which time this conditional use proposal would be subject to review and subsequent renewal. • o Wakem moved for approval with staff recommendations. o Nicoli seconded. o Unanimously approved. 5.4 VARIANCE V 2-76 (Hakola) A request by Jerry Hakola to grant an exception to the TMC Section 18.30.040 - Front Yard Setback Requirements and Section 18.60.120 - Minimum Space Requirements for Off- street Parking in a C-3M (General Commercial Main St. ) zone at 12380 SW Main St. (Wash. Co. tax map 2S1 2AB, tax lot 4000) . o Mr. Nicoli excused himself from sitting in on this item, stating that he had had exparte contact with the applicant. A. Staff Report: read by Bolen. B. Applicant Presentation o Charlotte Olson, designer for the proposed project, stated the reasons for the variance request and answered verbally the hardship questions as they pertained to Section 18.76.020 of the TMC. C. Public Testimony: None. D. Staff Recommendation: APPROVAL, subject to the condition that, contingent upon the construction of a municipal parking lot on the present feed store property at Main and Tigard Streets, Mr. Hakola would agree to provide his share of the construction costs of such a project. His share of the cost would be for the construction of 4 parking stalls. L,. IE page 5 ,; PC Minutes 3/16/76 ` E. Rebuttal o Staff read into the record a letter from Charles McClure; (Main St. property owner) in favor of the proposed project. In addition to Mr. McClure's approval, staff informed the Commission that Mr. Ralph Peters (Main St. property owner) had stated his approval of the project as well, F. Commission Discussion and Action o Wakem made a motion for approval of the front yard setback variance of 2i ft. , waivering the parking g P g lot requirements and subject to the condition as stated by staff. o Seconded (Moore) . o Unanimously approved. 5.5 VARIANCE V 3-76 (Bishop) A request by Wilbur Bishop to grant an exception to the Tigard Municipal Code, Section 18.30.040 - Front Yard Set- back Requirements in a C-3M zone (general commercial Main 4 St. ) , located at 12296 SW Main St. (Wash. Co. tax map 2S1 2AA, tax lot 5000). A. Staff Report: read by Bolen B. Applicant Presentation: o Tom Whittaker, architect for the project, commented on items in the staff report and stated the intent of the variance, mentioning the reasons 'for' the" hardships on the subject property. He further stated that there was room to maneuver cars in the area shown on the submitted site plan without backing out onto Main St. This would require, however, approxi- mately 4 maneuvers to accomplish the turn. Whittaker further stated that this was a request for a setback variance and not a parking variance, although a problem with parking does exist: t o Wilbur Bishop, the applicant, explained to the Com- '" missioners the setbacks from the property lines to the existing buildings (both Bishop's property and Washington Federal Savings & Loan) . C. Public Testimony o Staff read into the record a letter from Charles I L (1 page 6 �u PC Minutes 3/16/76 k McClure (Main St. property owner) stating his approval of the proposed project. D. Staff Recommendation: APPROVAL E. Rebuttal: None F. Commission Discussion and Action o Wakem moved for approval of the variance to encroach 82 ft. into the right-of-way on the basis that the proposed project was highly desirable. o Seconded (Sakata) . o Unanimously approved. 5. 6 SIGN CODE REVISION SCR 1-76 A proposal to amend the Tigard Sign Code (Chapter 16, TMC) to establish free-standing sign size standards according to traffic speed and number of travel lanes and to eliminate free-standing sign size restrictions based on lot frontage; also to reduce the maximum permissible height to 25 ft. A. Staff Report o Bolen explained to the Commissioners the intent of the proposed revisions as they pertain to: 1. free-standing signs 2. wall signs 3. signing in shopping centers and commercial plazas 4. window display signs 5. awning, canopy and marque signs 6. incidental signs B. Public Testimony: None C. Staff Recommendation: Staff recommended that the comments made by the Com- missioners during the course of discussion on the sign code be taken and incorporated within a redrafting of the sign code. D. Rebuttal: None E. Commission Discussion and Action page 7 PC Minutes 3/16/76 o Sakata motioned to continue the hearing on the sign code revision at a later Planning Commission hearing. o Seconded (Goldbach) . o Unanimously approved. 5.7 ZONING ORDINANCE AMENDMENT ZOA 2-76 A proposed amendment of the Tigard Zoning Code to amend chapter 18.20 to include a new zoning classification for 3 dwelling units per acre (R-10) . Staff informed the Commission that a public hearing notice had not been given in the local newspaper and therefore should not be heard at this time and that this item should be heard concurrently with the NPO #3 rezoning at the next Planning Commission meeting of 4/6/76. 6. OTHER BUSINESS 6.1 CONDITIONAL USE REVIEW CU 21-75 Conditional use review of Georgia-Pacific Corporation's ( bake-out oven. o Laws informed the Commission that a condition of the permit for a bake-out oven on the Georgia-Pacific site was that it be subject to review within 90 days after operation had begun. Providing that no deleterious effects had been generated from the use of this oven, the conditional use permit would remain in effect. o The Commission chose to postpone action on this matter until Commissioner Ems was present to comment on this item. 7. ADJOURNMENT: 11:00 p.m. Ii FF6 �4 (4! NOTICE OF PUBLIC HEARING CITY OF TIGARD PLANNING COMMISSION Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Tigard in the Twality Junior High School Lecture Room, 14650 SW 97th Avenue, Tigard, Oregon. Said meeting will occur on February 3, 1976, at 7:30 p.m. and will concern the following: o A request by Steven Jewell to operate a self-defense studio in a C-3 zone, General Commercial, at 12961 SW Pacific Hwy. (Wash. Co. tax map 2S1 2BD, tax lot 2600) . All persons having an interest in these matters are invited to attend and be heard. Publish TT 1/22/76 and 1/29/76 , . , . , _ 4r .op . . NOTICE OF PUBLIC HEARING a A request by R. A. Gray to construct a professional office building in a C-3 zone at 13170 SW Pacific Highway (Wash. Co. tax map 2S1 2CB, tax lot 2300) Run Tigard Times January 15, 1976, along with public notices already submitted for publication on January 8 and 15, 1976. i i 1 i 6 < I 1 R 1 r _, : olt ' NOTE TO PLANNING COMMISSIONERS: FOR THE MARCH 16, 1976, MEETING, PLEASE BRING A COPY OF THE STAFF REPORTS YOU RECEIVED AT THE MARCH 2, 1976, MEETING FOR THE FOLLOWING ITEMS: 1. CONDITIONAL USE PERMIT CU 10-76 (Scherr) (billiard parlor and equipment sales establishment) 2. SIGN CODE REVISION SCR 1-76 (a proposal to amend the Tigard Sign Code, Chapter 16, TMC) Both of the above-mentioned items were continued from the';last. meeting. Please note that staff reports for agenda items 5.3 (Conditional use permit CU 11-76) and item 5.7 (Zoning Ordinance Amendment ZOA 2-76) will be passed out at the meeting on Tuesday evening. F r n 1 if I fu'i 5 , , NOTICE OF PUBLIC HEARING CITY OF TIGARD PLANNING COMMISSION Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Tigard in the Twality Junior High School Lecture Room, 14650 SW 97th Avenue, Tigard, Oregon. Said meeting will occur on March 2, 1976, at 7:30 p.m. and will concern the following: A request by Benol, Inc. for a variance front yard setback requirements for additions to the Safeway Building (Tigard Shopping Plaza) at 250 Tigard Plaza. (Wash. Co. tax map 1S1 35DD, tax lot 2100) . All persons having an interest in the matter are invited to attend and be heard. • Publish TT 2/26/76 _ ______ , - 44•111■11=111111 . . ■ .. .. . .,,.. STAFF REPORT Tigard Planning Commission ,t k March 16, 1976 Agenda Item 5.2 ZC 8-75 (N.P.O. #3 - Rezoning) Applicant City of Tigard Applicant's Request , The City of Tigard proposes changing the zoning within the limits of N.P.O. #3 Plan. Staff Findings 1. The proposed changes in zone are necessary to bring the zoning map into conformance with the N.P.O. #3 Plan. 2. The proposed rezonings are proposed only for those proper- ties which meet two conditions: a. Their current zoning conflicts with the adopted land use plan. , g‘,.. b. The existing zoning will allow a more intense use of the land than provided for in the adopted plan. The effect of the above statement is that the staff is recommending that the Planning Commission rezone where necessary to protect the adopted plan. For instance, a piece of R-7 (single family residential) property planned , 1 for 3 dwelling units per acre must be rezoned R-10. Con- , versely, a piece of R-7 (single family residential) property i i planned for eventual apartment development may remain zoned 1 R-7 without endangering the Plan. In fact, property pro- posed to be zoned to a more intense land use must be evalu- ated to ascertain if the "timing" is right for development i of the subject property. For example, is it adequately i served by public facilities and streets? Does a community i need exist, etc. ? i 3. The proposed rezonings are grouped below according to the ; current zone and the zone being proposed to replace it; f t a. R-7 to R-10 -- These properties consist of the single family portion of the Neighborhood. The lot sizes 4 in this area vary greatly with development which pre- i ceeded sewer service being on 15,000 sq. ft. and larger lots and sewered development being on 7,000 t to 9,000 sq. ft. lots. ( ' k I A page 2 PC Staff Report March 16, 1976 Item 5.2 b. A-2 to C-3 This change affects the two properties at Park and Pacific Hwy. These parcels are vacant and zoned C-3 for a depth of 200 feet back from Pacific Hwy. and the remainder is presently zoned Z-2. The N.P.O. #3 Plan proposes zoning the entire parcels, in addition to a long narrow parcel fronting Park St. , as C-3, general commercial. Staff Recommendation To be advised following public testimony ';i -,•» , • .R... 7 to R -Io ( regi, Ih a.t / • ..... ..__._ .. i .(iul GCf �.�� li-1%c .ta i •,` \ I i : ■ 4 mop 41 ii di f INIIIIIIII: 1196.1 lita ;... IN1 MIN NZ 3110 "lar• 0.' `-- ®® � �®M��• ∎i,p� raft . .i Ue° �" IN 1 2• t, 'fir, �►, • �` .r. ®,f�l ■®o prn �81IL? t ffi �°°s° � ..g ae" %®p� C,Rp:uu�`�� „.',','•'-'•:‘,, a,,�®®1%�I ® t .'� IItiIiir � R. d 4F�th b S `B.R xr�,a�f. 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I.®�Y,41 F,' •dr4"+. vhl rW w 't d a " °± ..:+:•:•:•'.:4!:•).oo f,1 � .�..♦I�. 4 144‘..- 44a...- .. s:iL. Ti 8 fi4:�44 0 m&a'...s'4,w".,-k1 1"""' 4b � : ® � PT ir.PIM t RESIDE �'t�ra '1` �, , b / , I MOM ® .. .--_,�,,' €2,q " . P d tai ti Mil c8 ,4 k 4�'crfdck .1 "4- I :.• � ��■ 11011/1511011111 Le. ow_ °, 124 .1 j∎ II , '- — ® ..■ 1 . . ' l� - r t l,yti' f 4 • ' .w.w+ r t'7'I mm. ' , ,,,,, ,,,, #a ,t,:, E-E.1:1; , __, , cl- ilS" 111 VIII".0111111 , ,• • i • I IL , STAFF REPORT Tigard Planning Commission March 16, 1976 Agenda Item 5.3 CONDITIONAL USE PERMIT CU 11-76 A request by Tigard Community Youth Services, Inc. to operate a youth counseling center in a C-3 (general commercial) zone at 13400 SW Pacific Hwy. (Wash. Co. tax map 2S1 2CC, tax lot 100) . APPLICANT Tigard Community Youth Services, Inc. , a non-profit civic organization, is proposing to provide youth guidance and counseling services to youths in the community. STAFF FINDINGS 1. The subject site fronts along SW Pacific Hwy. to the north; single family dwelling units are located on both, the east and west sides of the building and a natural drainage field lies to the rear and south of the parcel. 2. The applicant has indicated in his narrative statement that he proposes to operate the youth counseling center on a "by appointment" and/or "drop-in" basis. Staff has been advised that no more than 12 youths at any one time are expected to use the services provided by the center. 3. Off-street parking requirements for a professional office in a C-3 zone, as defined in section 18.60.120, item 5, paragraph (c) , is 1 space/500 sq. ft. plus 1 space/12 employees plus 1 space/establishment. The applicant's site plan indicates 5 parking spaces. This would meet code requirements; however, the existing parking is presently a combination of gravel and sod and the Tigard Municipal Code requires that all parking and maneuvering areas be paved. 4. NPO #1 Plan states, "The use of commercial-professional buildings on this portion of Pacific Hwy. would provide a qualitative break in the strip development and minimize the attraction of additional traffic to the highway. " 5. The intersection of SW Pacific Hwy. and the frontage road which provides vehicular access to the subject site is slated to be corrected under the proposals stated in the NPO #1 Plan Text and Map. Presently an awkward and hazard- ous traffic condition exists at this access point to the highway. 6. The applicant's response to the "Fasano" requirements are attached. STAFF RECOMMENDATION to be advised l TIGARD COMMUNITY YOUTH SERVICES, INC. • Application for Conditional Use Permit 1. Nature of the proposal and reason for requesting the • particular action. Applicant is a non-profit corporation which is funded by individual and organizational contributions with at present one full time Washington County juvenile counselor whose services are paid for by the Washington County Juvenile Department. The applicant proposes to operate a by appointment and/or drop in youth counseling center to serve the young adult population of the Tigard community. Counseling services will be provided and full time adult supervision will be supplied. The counseling center will be an origin point for community youth involvement projects, the site of the kids for hire program and it is anticipated that possibly the big brother-big sister program will be coordinated from the site. I Only limited recreation use will be made of the site. Applicant 's reason for requestng this particular action of ti the City of Tigard is more fully explained in the applicant' s statement of need for this particular type of facility in the Tigard community. It is felt it is sufficient to say that the Tigard School District, Washington County. Juvenile Department and the Tigard Police Department feel a definite need for counseling • y _l_ ;3 ':, facilities in the community for young adults which are separate and apart from Tigard Schools. 2. How the proposed use is in conformance with Tigard' s comprehensive plan. The present zone for the area is C--3, general commercial and the comprehensive plan adopted by NPO plan no. 1 indicates that this particular property should be for office space as opposed to other general highway commercial uses. Thus this use would be in conformance with the comprehensive plan. 3. Community need and/or public benefit derived from the proposed action. The need for a counseling oriented program in Tigard can be supported by the fact that police, school and juvenile department officials are in support of this project. Washington County Juvenile Department is willing to spend $11, 000 per year in salary and fringe benefits in order to have this prevention program operating. The school district realizes that its own counseling programs are not sufficient to meet the need. The police department has recently assigned one full time officer to deal solely with a juvenile diversion program. A confidential statement from the school district estimates that 60-68 students dropped out of our secondary system last year. Tigard police made 331 criminal arrests of juveniles in 1974. This combined with 48' traffic offenses and criminal arrests of Tigard, youth by other law enforcement agencies place the _2_ d ( � .. estimated total at. over 400 juvenile offenses. Well over one offense per day by Tigard youth. 4 . Any changes or environmental, economic or social conditions and/or changes and availability of public services or access and/or any other aspect of community development directly affectinr the subject site that would justify the requested action. Applicant ' s proposed use of the subject property would provide a facility in the Tigard area for free, convenient, out of school counseling for young adults. This type of service has never been available in the Tigard community and would be of substantial benefit to the Tigard community. 5. Why the proposed location for your proposed land use is more suitable that other locations in the city. The site is generally centrally located with available public transportation between the high school and junior highs in the area where the youth it will serve are attending school. Also it is not directly on a highway, rather fronting on an access road to the highway so that any youths with their own transportation will have minimal exposure to the highway. 6. The impact or effect of the proposed development use or activity will have on adjacent sites, occupants or activities and on the immediate neighborhood. There will be constant on site adult supervision and only limited recreational activities on site and the impace and effect 1 will be minimal on the surrounding area. 1, ` 7. The types of public services necessitated by your proposed development and the impact that your project may have on public . services. 71 Present facility is sufficient and has adequate public services at the present time and the impact would be minimal. It is not anticipated that the need for community services would be any greater than that of any other professional office building E� or public facility. i1 iy fa ■ fr 1 } • }j? I`. 1n Sj p' m. • Vl .C ( NlT )1 Map. C CONDITIOWL USE _ (cuil %• 37 \. ,.• C S.13,715 a° SU1 v 424c / g, ? 1700 ' c 30 AC. �\ ,72 •»s'.t.,;:..., jj666y11 A 0 8 �m• h \ SP9 13W \\y. ,,,,,,%.',%2,,, ,,,'"; i , r /,...�, iri / .r..,.. - t i .,t. .i,,,,,,., i./r:i/ .i ,6 D ° 71 94 ! O 64+6 __... I' 6?c. n,h 3503 iY— _— __ i,,o— ' ,>� 2200 " 26A ' -1900 0 -21, _ ,4,- G 3$� — °o .274 c. °' a �•a . ° Q� 9 �4 C\ 2 6 N139°064 100 SB1oq-• 33.1L- n 35 02 2100 ,3&4C, .174c. ` Q• �h �s 52,0Q gl�° h , 1 `z6,,1 C°�o 1 h•0, 22000 �� A/'3o-y9 5d 3 r2,, w s �' .86AC �, s4;t o y°r° ,sc,� ,• 1= 3 sae,n 2e.n6 w o Fs G)• (C.S No. 12,175) a300 Ab, _ ' 5 5600 v o' TR,A"(1 /1 4, '°. '''c-', , 5400 t s, (:),-N.,,1iill1/ /r,6 f// .. ,t • V m \ 6\ dll, h 10 Q s '-,:c4 5 1/// °° N /,48Ac. v. 5500 / qqr,0�62 . 5UB5EC ////l z `�/ A` 3(J9 •a e I "� � ap�°� >°1 .,' V ! 1 ,� 10 a � 8 . ron t.S 12,175) A‘• ,t7° �• 9 Nom, , ° 200 h /.40A ,` 308 t, y °2 ° O , , ob > r J .' ° 311 a ° \°. nt ` N t 10 V". 500 ^' da. /} 4,/9Ac. 3° N T 312 M. e a' 1 A'•. 61' f STAFF REPORT Tigard Planning Commission March 16, 1976 VARIANCE V 2-76 Agenda Item 5.4 Variance A request by Jerry Hakola for an exception to the Tigard Zoning Code requirements for front yard setback and off- street parking on Main Street for a commercial building. Staff Findings 1. Applicant is the owner of an existing building on the site, which presently violates both code sections requested varied, but is legal because of grandfather rights. 2. The front building line of adjacent parcels establishes the existing front setback at the front property line. 3. There is no off-street parking available for the applicant's building at present, although there is off-street parking available behind his site for the Town Tavern next door. (Previous owners of the Town. Tavern allowed Mr. Hakola's customers to use the lot, but wouldn't agree to a parking easement) . 4. Applicant has not submitted a statement of hardship. The Commission must be sure to obtain findings of hardship from his testimony per section 18.76.020. 5.' This-. lot was created to City ado p tion of zonin g standards. Staff Recommendation b To be advised. 411 .1.1.11.17 l C I ri Ty MAr . 0 1 v7 VARIANCE 1 KNNNN,. .,, :" 544..• ---5,_/ 3600 � A. ,pp" \ \ i / e 5?`0), 4100 i� / + ,C ,TO Ac y \\�/ a) s° `- Ii P0' ^P. , 1 20 Or° p 1`1'� \2"' Si ? F sP ,r / 3�•, o n• 5 400 A-1 \ •S, ;C'' pJ° dE/ J r''• 900 %' '°"' ;, . '�� ' 50100 .454c. ei,/ i .04,7 c. 4• / rr•y tiei L/ J> Di) 'v ' ' = w 2Oc k ,, 3 �?a X 001• / = ''fir• s a. ,� i. J00 °_�_ e, 4, ,,S, 3 ,, J / / 1 ., > =_.. ,. J0c -. �9 S' '� °N°4)4901 sv /• 00 2� a`' t!!tP ' 50 �O A� 2 °o-``4 ,/84c. J%,\ 3200 �,'� ,11`&"U_00 �p r' s / ` 1i' 300 F tS` C.S. No. t29Sf. ° '4 o 3-'1' '' fjJ °024c c / / 3100 o g1`j1 (Oir Cost z, '• /BAC. <s° O�y ,O ?oa �o`P 8CJ0 , �, � xJ b �O ,l(1 34/136 ��}I.00 �0 .`. CE• , ) ��"t/ .6✓r'Ac `y4 /c� d•° ��5 )11'.1 1 Re 9c. .o °�� C'T I l T/ 4 , 1i,. • 4 300 `ka 90 h, \\O C' C> ``; > ----;..-111. t 62\7�'\3.464c . o�0 ..\ .'Z?.Z° o \ 4) / /11�1_I L 44 q0 s, Tv -=-7 �f , • 3O`° ' 5300 \ J / or // P�/ lO c. s° F �./ t� i A4500 �� °sF f>°�by� 2.33Ac.. o 4 ° i • y .294c s h` 4, . 7'' o `' ) ! ° I f 57 '4e0 0 4J 51`-7 F, S- 1 43n0'%,'° °J° F , J J ! Qo l /9 A c, c'iy 3p� % q. 1 �� �aa A� ��'%r ` s Esc c �,� \I ,ror ya 47i . Al 9;' pp F `� ) �• J ,,. 5000 J\ ^ F - b��Y/ }f, F 3.3. /d!C • '•J ebb i1 6J ?l �4 / °\7.,, t °' DI°C"? ' j• ''b " J200 p, /Ts:c. ` \ ?iAC � of � es 2 \ab 0)l // •u .0 E E - \� • c \\:\ i, \ N t q° SEE MAP • o �� 251. 24D / ' , w r I STAFF REPORT Tigard Planning Commission March 16, 1976 V 3-76 (Bishop/front yard) Agenda Item 5.5 VARIANCE A request by Wilbur Bishop for an exception to the Tigard zoning code to allow a reduced front yard setback. STAFF FINDINGS 1. Applicant's front lot line is approximately 8' behind the edge of the sidewalk -- which is customarily the front lot line. The front yard setback is measured from the property line (lot line) . The result is that the applicant has a front yard (from edge of sidewalk to front of building) of some 18' instead of the customary 10' . 2. The primary purposes of a setback these days is to provide adequate visual space adjacent the street, for adequate light, air and open space, and to prevent one structure from visually "blanketing" or hiding another. 3. Tigard code (section 18.30.040 and 18.12.050) requires a 10' setback, but does permit a 2' projection into the front j' yard area: . 4. The "building line" in this area is established principally s by the front wall of the savings and loan building adjacent (particularly since it is the only building adjacent) . The savings and loan building apparently conforms to the setback regulation subject of this request. 5. The particular proposal does not provide for adequate parking. The applicant has obtained rights to an easement in the rail- ' road right-of-way (for an unspecified length of time) for his off-street parking; however, the long, narrow configuration of 1 the parking easement does not allow enough room to turn ! around, creating a problem with people attempting backing movements into the street. The only solutions staff sees to that problem is for an exit to be provided at the rear of the r'. parking area, or for a "turn-around" area to be "notched-in" to the building site. ;r 6. This parcel predates the City's zoning ordinance and at the ' time of its creation the City code requirements were not in existence. The adoption of the City's zoning ordinance with F' ( its parking and setback requirements therefore created certain 1' Ci, 21 v . . page 2 L" PC Staff Repor17- 3/16/76 item 5.5 hardships for small parcels such as this. 7. Applicant's statement of hardship is attached; please refer to section 18.76.020 TMC. STAFF RECOMMENDATION To be advised Ii P I.1, . , _ . , j S �.. Purpose of the Requested Variance: • 1. This is a request to vary the required front yard 10° setback to a 1 ' -6" setback. Such a variance would not be detrimental to the purposes of the zoning ordinance, nor to the adjacent properties. If the variance request is granted, the feasibility of developing the property as anticipated would be greatly enhanced. 2. The site in question is extremely small and difficult to develop. There is an 8'-6"' strip of land between the sidewalk and the property line which could be utilitzed as a partial substitute for the re- quired 10' setback. If the variance were not allowed, the required distance from the sidewalk to the building would be 18'-6". This is a tremendous amount of land to set aside for such a small site, (almost 1/3 of the site) . 3. Although some other properties in the vicinity have the same requirements, neither the savings and loan or the market on this side of Main Street are faced with the size restriction of this site. The variance requested will, if granted, enable an attractive development of the property. 4. This variance would not be detrimental or contrary to the pur- pose of the zoning ordinance. In fact, it would enable the owner to upgrade the property to enhance the City' s desired improved appearance of Main Street. The one problem created by virtue of the granting of the variance is that the freestanding savings and loan sign may not be as visible to northbound traffic. However, the view of the building sign would not be obstructed. 5. In light of the 8'-6" strip between the sidewalk and the property line, this request would seem to be in keeping with the intent of the zoning setback requirement. Because of the small size of the site, the variance requested is necessary. • . . . . / 1 . 1.; 1 1 ,7 ( / . . . .v 1 . . • II •-. • , „ 1 I/ NI- I tli I.. s . 1: . 0 ki. tl. ..... 1 k . .. 5 W G ONI M •I''' . . r .6c.i_< L/N '.' f■ . . . . ! . . . . i ■--.. .1 1 401-06 -- 1 I — --- 11...=.11 ima' 111: 1 I _, __.L_____r • . -_____.-4 .pc...ale-fr.-lap - . • ,.. ... . _... I'. .... . , . .. . . .. . • . . - .. , • . , . . . .. . . .. • . 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