8325 SW ROSS STREET FILE N0.
ROSS avREET - 8325 STR. GPN. PERMIT
CITY O. TT:GARD
FXPIMI'T r r, R87JEST
Itis form is a multi-use form. Appropriate receipts nuast be attached. Documentation
is iaportant for all purposes. f;taple documentation to form.
VENDOR NO. : DATE: _gip r�_I t �I (J
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PAYABLE 'DO: Nr v is e ►c , RDVJFSPED EY: ,
`T i =fi—►` ?
A- _ * Apprrnred requ clue Wednesday
10:00 AM to A/P for checks by
Friday.
MISCFZUNHOM EXPENDr. ..,ES:
Date De.�xxiption, Invoice No., etc. Ac cont No. Amount
CL-'\weteP—V ()V!tVk%!A -4
et opt J�
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_
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Mileage $0.255
APPROPRIATION BATANCE: _ AS OF: l_--- y... ►T� :
(Up to $25.00) Section Manager _ P.I'ch. Agent
($25.01-2,500.00) Division Manijer
($2,500.01-7,500.00) Dept. Head
($7,500.01-15,000.00) City Administrator
($15,000.01- ':) Local Contract I:eview kard
ke/1501F
11 SCHMIDT SANITARY SER
/ 8325 SA. RVSS 639-2378
TIGARD, OREGON 97224 (�
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April 12, 1990
Application Not 397
Receipt Nos 00106333
��qq D
QF r o
Public Works Department; ��qR
v
All work has been completed on this project according to
city renuirements. It was inspected by your enrTineer, Michael
C • Mills and wan rivinf, the final OK. 1
Please release bond payment of x'250. 00 upon receipt of this
letter.
ThanYou
G
Larry Schmidt
Schmidt Sanitary Service..-11I1C-7------ --
I
March 23, 1950
Larry Schmidt
8325 S.W. Rose Street
Tigard, OR 97224
RE: Conditions of approval
SDR 89-22/v 09-•26
Dear Larry:
It has come to my attention that two conditions of approval for the recr,nt
expansion of your bus+ness have not been completed. Condition 2. of the r.00ve
decision required that a waiver of remonstrance, regarding the formatior, of a
future Local Improvement District to improve Rose Street, be submitted. I 1
believe that we sent the form needed to accomplish this, but I have attached a
new one for your uoe. Condition 7. required that a street opening periAt be
obtained from the Engineering Division for the new western driveway and that
this driveway apron be paved.
Please send the remonstrance waiver to my attention. The street opening permit
may be obtained b contacting John
Y 9 Hagman at 639-4171.
Finally, a large container has been observed in the area designated on the /
approved site plan for employee parking. In order to comply with the appro:ai
granted by the City, use of this area for anything other than employee parking
must cease.
Please contact me if yoia have any questions or need additional information.
Sincerely,
Keith S. Liden
Senior Planner
SCHMIDT.SDR/kl
APPCIcATIOr STREET IMPHC -MFNT/EXCAVA'CIONC Y TO:
ORDINH .�E NO. 74 14 WHITE.).FILE
(YELLOW)•(NSP.
(INSTRUCTIONS ON SEPARATE: SHEET) (PINK)•OTHER AGENCY—W
(BLUE)•APPLICANT J
-�x
APPROVED APPLICATION NO.: 311
NOT APPROVED L] C.IIY 01' 'FIGARD, OREGON FEC AMT.: ; 1���W
PENDING FEE PMT. [) CITY HALL RECEIP GO106c t33
PENDING SECURITY ❑ PUBLIC WORKS DEPARTMENT BY_-j DATE_____b I / 7_9./ I
PENDING PENDING AGENCY ''OK" [] Applicillol1and Progreso Record
MAINTENANCE BOf1�D�_
PENDING INFORMATION VD —
El STREET IMPROVEMENTIEXCAVATION AS REQUIRED 7�
A N N J A L ;J
PENrJING VARIANCE EXPIRATI N DATE:
PERMIT NO _3L'_ �j DATE ISSUED 1.1_1 BY �-�--'
........... .....�-- -
O I APPLI
C
A
T
ION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL 1,:- �r`YI
c-vr�._-AS DESCRIBED HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS.
APPLICANT �1�►''�f �:�� ! „: '� < �•, tq I
NAME _._ f���i
/ 1J ADDp S Jl
CONTRACTOR Ql PHONE e /?G,5 /10'1- 1c, i'L .._[�-"T _. -
NAME ADDRESS 1 CITY
f'LANS BY �� `-'�,z E a� `� c_. c : Ylc"y�•:,
NAME ADDRESS CITU �I-HONE
ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): _ c��7 L • c' '\ _
(2) EY,CAVATION DATA: Fon OFFICE USE` -- `cMIN-
0.04 XS sS _
STREET DESCRIPTION PROGRESS & INSPECTION STATUS
NAME SURFACE CU1 CUT CUT MATERIAL INSTALLED
TYPE LENGTH WIDTH DEPTH ITEM & QUANTITY +TEM GATE REMARKS/-YPE BY
STRFNfT
IN11
—
-' R TION
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_ U _
ESTIMATED STREET OPENING DATE, J, gl 1 E
ter'-----�Ir�1�.�.� IL 4
ESTIMAT'cD STREET CLOSING DAT'F.. / / .E - ----- - ---
(3) SECURITY NO. SECURITY AMT.: S_g '5L'4STREET _
SURETY CO __ FINAL
CERTIFIED CHECK _ CASH Or BOND L IN$PEC.
(4) PL OT PLAN: INDICATE SITE PERTINENT PHYSICAL SPECIAL PROVISIONS/CONDITIONS:
FEATURES; EXCAVATION LOCATION AND EXTENT,U / �jJV
ZS' )Z 1
2.4
( 1�
CURB
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5) NO'E THE CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE
RIG-IT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON.
T►IE APPLICANT AGREES TO DEPOSIT THE RIFOUIRED SECURITIES, TO COMPLY WITH ALL PERTINENT LAWS AND
CONSTRUCTION SPECIFICATIONS PERTINENTTO CONDUCT OF THE WORK, AND TO SAVE HARMLESS THE CITY AND
EMPL,:)YEES AGAINST ANY INJURY OR DAMAGE WHICH MAY ItESULT FROM APPLICANTS ACTIONS,
APPLICANT' SIG ` '` �f�,/► / /j/ ✓
NATURE. /�7/�• �,�,� DATE'l
r
CITY OF TIGARD - RECEIPT OF PAYMENT REC NO: 00106'-3.3
CHECr-; AMOUNT 260.00
WAi IF: %Hh1 I DT SANITARY SIC CASH AMOUNT .DO
ADDFESS: c=Zr SW FOSS
PAYMENT DATW 11-29-89
TI-S+RD. OR 97224 BLOCK NOiADDR:
FUFFOSE OF PAYMENT - AMOUNT-PAID PURPOSE OF PAYMENT AMOUNT FAIR
- -
CUSTOMEP DEPOSITS 250.00 PUBLIC IMK�ROVEMENT PERMITS 10.00
STREET OPENING PERMIT 35 '-89 - 10.00
%TAL AMOUNT =AID - - - X0.00
ri �) SCHMIDT SANIT/..,if RVICE, INC 7089
8325 SW ROSS 839[378
• TIGARD. OREGON 9722•'
2-x-146
PAY tO THE r/ n
ORDE F __
-- — ---- - / )0 DOLLARS
U.51:-0-
ICITY BRANCH BOK 23086 TIGARD.OR 972R2
UNITED STATFS NATIONAL BANK OF OAFODN
------
FOR S�t, o e2 ; � fA �+ ---
ll'00' 0139it' 1: 1230002201: 846 0006 7,17rul
CITY OF TIGARD � n
NOTICE OF DECISION
SCMMIDT'S SANITARY SERVICE
SITE DEVEI.OPMRNT REVIEW SDR 89-22
AND VARIANCE V 6v-26 ��P `--
APPLICATION: Request for Site Development Review approval to allow the
expansion and relocation of a nonconforming sanitary service business. Zone
R•-4.5 (Residential 4.5 units per acre) Location: 8325 SW Roes Street (WCTM
2S1 12CB, tax lot 900).
DECISION: Notice is herby given that the Community Development. Director's
designee has APPROVED the above described application subject to certain
conditions listed on pages 4 and 5 of this report. rhe findings and
conclusions on which the deci.3.ton is based are noted below.
A. FINDING OF FACT
1. Background
Schmi.dt's Sanitary Service, which occupies the site, has been operation
since 1.949. The company has a franchise agreement with the City to operate
a sanitary earvice. The six acre property is the result of a minor land
partition which was approved in 1979 (Fila No. MLP 2.-79) . The northern
parcel created by this partition was later developed as LaMancha Estates
subdivision.
Over, the years, the buninesa has expanded slightly and recently complaints
have been received pertaining to its operation. The present zoning does
not allow a business of this type and therefore, is it considered as
,nonconforming use. The Tigard Community Development Code does not allow
for expansion or relccation of such uses. This application has been
submitted in an attempt to address the concerns that have been raised
relating to this operation.
2. Vicinity Information
Properties to the north, east, and west are zones' R-4.5. Proper'.y to the
south is zoned R-7 (Residential 7 units per :.cre) . A single family
residential subdivision abuts the property or the north and a second
subdivision lies to the west on the oFposite side of Hall Boulevard. Small
acreage homesites and vacant parcels are situated to the south and east.
Hall Boulevard is classified as a arterial street and Ross Street is a
local street.
3. Site Information and Proposal Description
The six acre site contains a house, shop, garage, and two barns in the
southeast corner of the property. The shop building and the two barns
have sotbacks rarging from five to ten feet from the eastern property line.
NOTICE OF DECISION - SCHMIDT'S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 1
The applicant is proposing the following amendments to the way the
existing site is being used:
a. A gravel employee parking area will be provided along the eastern
property boundary using the existing solid wood fence for
screening.
b. The storage area for drop boxes, containers, and recycling and
part of the operation will be moved from Zhe east to a new area
immediately north of the existing residence.
C. An eight foot, solid wood fence shall be constructed around the
new storage/operations area and additional fencing will be.
provided along the eastern property line to match the existing
fence.
d. A new pole building will be constructed to the northeast of the
existing house to accommodate five to six trucks.
e. A new driveway will be installed to the went of the existing
residence to provide improved access to thn new operations area,.
f. The fuel tank near the eastern property line shall be
decommissioned in accordance with DEQ regulations by Octobei ,
1.990.
g. A variance has been regjeated to allow the moderate expansion and
relocation of the --anitary service business on the property and
also to allow for gravel surfacing of the parking and driveway
areas.
4. Agency and NPO Commcrnto
The Engineer Division has the following comments:
a. The site fronts on SW Ross Street, a local street with an existing 40
foot wide right-of-way but requiring a 50 foot right-of-way.
b. SW Ross Street drains to a depression on the north side of the street,
east_ of the site. Improving the street will require providing
drainage that cannot be accomplished with improvements along the
frontage of this site. Furthermore, there is a proposal to realign SW
Ross Street along the frontage of the site. Consequently, the
construction of street improvements along the SW Rose Street frontage
is not presently feasible and r future improvement guarantee will be
required
C. The western portion of the site frontn on SW Hall Boulevard ind is
expected to remain vacant until developed as a residential
subdivision. Street improvements should be constructed along the SW
Hall Boulevard frontage upon future development of the site.
NOTICE OF DRCISION - .SCHMIDT'S SANITARY SBRVICB (SDR 89-•22/V 89-28) PAGE 2
d. SW Hall Boulevard is an arterial street requiring a right-of--way of 45
feet from centerline The existing right-of-way of 30 feet from
centerline should be widened to the full width upon future subdivision
of the site.
e. State Plumbing Specialty Code requires drainage from roofe and
pavement areas to a public stormwater drainage system or an ion site
system designed to prevent runoff on the adjacent property. A public
system is not available so on site disposal should be required. The
proposed parking area and driveway will not recpiire on cite disposal
unless paving is required.
f. The proposed improvements will not require additional public sanitary
' sewer improvements.
The Building Di-inion indicates that building permits will be required for
the new structures including the eight foot fence.
The Tualatin Valley Fire and Rescue Department indicates that hydra:-it
protection, access, and building design shall comply with Uniforn. Building
and Fire Codes. Detailed plans shc-..Li be submitted to the department for
review and approval.
Portland General Electric, General Telephone, and the Tigard Water District
have no objections to the proposal.
NPO 5 has no objection to the request. However, it is noted that
endorsement at' this project is primarily dependant upon the willingness of
Schmidt's Sanitary 3ervi.ce to thoroughly comply with all criterian
affecting their businens expansion. The NPO believes that especial emphaeis
should be given to the c ,nditions outlined in the application addendum
dated August 3.1, 1989.
No other comments were received.
B. ANALYSIS AND CONCLUSION
T'ae proposal is consistent with Community Development code standards for
building setbacks and height, lot coverage, landscaped area, parking area,
viciion clearance, and access. Additional discussion is warranted relating
to the fuel tank and the variance request for relocating a nonconforming
use and for providing gravel surfacing for the parking/storage area and
driveways.
1. Fuel Tank
New regulations have been adopted by the Oregon Department of
Environmental Quality which regulate the installation of new fuel
t:anl.s as well as the eventual upgrading of existing underground fuel
NOTICE OF DECISION - SCHMIDT'S SANITARY SKRVICK (SDR 89-22/V 89-28) PAGR 3
tanks. The new regulatiory will require that. Schmidt's Sanitary
Servic. provide evidence of finAnnal responsibility in the event of
any spill or c:ontaminatior: caused by the fuel. tank. The applicant has
Indicated that in order to comply w'th this requlat.fon, the fuel
tanks will be removed by the October, 1990 deadline.
2. Variance Request
a. Criteria for granting a variance
In order to grant a vat iance, it must be shoo-•-n that th,, proposal
does not conflict with policies and standhras ii, the
Comprehensive Plan or other applicable standards, that special
circumstances exist wt.ich are pwcular to the property, that the
proposed use will be the same as what is permitted by the zone
and that the Code will, bo naintained to the gx-eatest extent
possible, that there will be no adverse affect on existing
physical and natural systems, that the hardship is not self
imposed, and that the variance requested is the minimum variance
which would eleviate the hardship.
b. Expansion/relocation of a ronconforming use
Schmidt's Sanitary Service is presently allowed as a
nonconforming use because since it is was legally
established and the zoning regu:ations subsequently were
changed to no longer pe -nit the use. Chapter 18.132 of the
Code permits such uses to be cont.nued but it prohibits
their expansion. During the poet several years a number of
improvements have been made in the southeast corner of the
property which have caused confiicta with the adjoining
residential uses. The proposed rel.ccation of the majority
of the operation, along with a minor expansion to allow
vehicles to be parked inside, represento an effort on
behalf of the applicant to achieve greater overall
compliance with the Code especially in relation to setback
area And buffering standards. The existing and additional
site-obscuring forcing and the new pole building will act to
reduce the visibility of the business as well as noise that
is created from the ol. +ration.
This modification is the minimum variation From the Code that
would still allow a reasonable continuation of the business and
reduce the magnitude of the existing compatibility issues. It is
the position of the staff that this represents an interim use
which will eventually be replaced by residential development.
Also, this is a one time adjustment and future expansion must be
considered through the variance procedure as an expansion of a
non-conforminti use.
NOTICE OF DECISION - SCHMIDT'S SANITARY SERVICR (SDR 89-22/V 89-28) PAGE 4
C. Gravel parking and loading areas
Given the special circumstanc-is of this property and the
particular use ccatemplated, ti granting of a variance is a
reasonable solution to this situation for several reasons.
First, the property is designated for single family residential
development and considering the size of the property and the
relatively minor amount of existing development, it appears very
likely that the property will be redeveloped in the future.
Paving the site for a use that does not represent the ultimate
development of the property would constitute a hardship.
Second, the variance will not adversely affect the surrounding
properties. Due to the location and proposed screening of the
proposed gravel areas, they will be hidden from view and will. not
visually degrade the area. Also, the slope of the property is
gentle and storm drainage will be easily contained.
Third, the majority of the gravel area will be used for the
storage of drop boxes and containers and the amount of traffic
will be minimal. The existing driveway is paved and the proposed
driveway apron should be as well since it will become the primary
entrance and exit to the site.
C. DECISION
The Planning Director's dea.ignee APPROVES SDR 89-22/V89-26 subje t to
the following conditions:
1. Additional right-of-way shall be dedicated to the Public along
the SW Ross Street frontage to increase the right-of-way to
twenty five (25) feat from the centerline. The description shall
be tied to the existing right-of-way centerline. The dedication
document shall be on City forms and instructions are available
from the Engineering Division. STAFF CONTACT: John Hagman,
Engineering Division (639-4171) .
2. An agreement shall be executed by the applicant, on forms
provided by the City, which waives the property owner's right to
oppose or remonstrate against a future Local Improvement District
formed to improve SW Ross Street. STAFF CONTACT: Jon Feigion,
Engineering Division (639-4171) .
3. rhe applicant shall provide for roof drainage by an on site
system designed to prevent runoff onto the adjacent property.
STAFF CONTACT: Brad Roast, Building Division (639-4171) .
4. The necessary building permits shall be obtained from the
Building Insper7tion Division for the new pole building and any
fencing that is over 6 feet in height. STAFF CONTACT: Brad
Roast, Building Division (639-4171) .
NOTICE OF DECISION - SCEMXDT'S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 5
5. The employee parking, outdoor Storage area, solid wood fencing,
pole building, and new driveway shall be installed as indicated
on the submitted site plan by January 31, 1990. STAFF CONTACT:
Keith Liden, Planning Division (639-4171) .
6. The underground fuel tank shall be removed or decommissioned in
accordance with state and federal requirements by October 3.1,
3990. STAFF CONTACT; Keith Liden, Planning Division (639-4171) .
7. A street opening permit shall be obtained from the Engineering
Division prior to constructing the 3riveway described in
Condition 5. above. The driveway apron shall be paved. STAFF
CONTACT: John Hagman, Engineering Division (639-4171).
S. The area occupied by the business shall not expand beyond the
areae shown on the approved site plan that was submitted as part
of this application. STAFF CONTACT: Keith Liden, Planning
Division (639-4171)-
D. PROCEDURE
1. Notice: Notice was posted at City Hall and mailed to:
__The applicant and owners
Owners of rrcord within the required distance
__The affected Neighborhood Planning organization
Affected government agencies
2.
Final Decision: THE DECISION SHALL BE FINAL ONO
cjln,l�$`� UNLESS AN
APPEAL IS FILED.
3. Appeal: Any party to the decieion may appeal this decision in
accordance with Section 18.32.290(A) and Section 18.32.370 of the
Community DevFlopment Code which provides that a written appeal must
be filed with the City Recorder within 10 days after notice is given
and sent. Appeal fee schedule and forme are available at Tigard City
Hall, 13125 SW Hall Blvd. , Tigard, Oregon.
The deadline for filing of an appeal is 3:301 p.m.,Arl-
W)TICB OF DFCISIOS4 - SCRMIDT'S SANITARY SERVICE (SDR 89-22/v 89-28) PACE 6
4. Questions: If you have questions, please call City of Tigard
Planning Department City of Tigard City Hall, 13125 SW Hall Blvd. ,
Tigard, Oregon.
PREPARED AND APPROVED BY: DATE
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NOTICH OF DRCISION - SCHMIDT'S SANITARY SSRVICR (.SDR 89-22/V 89-28) PACK 7
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Of MIN
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al BOTTOM OF DITCH ELEV.
MAY BE ADJUSTED BY INSPECTOR
VOTES:
L SEE DWG. NO. 205 FOR ALTERNATIVE
2.IF AC DRIVEWAY IS TO BE CONSTRUC"ED, USE 2" OF CLASS'C"MIX
ON APPROVEn BASE
PROFILE
CONCRETE HEADWALL REQUIRED
WHEN USING CORRUGATED METAL
OR PLASTIC PIPF.
PIPE SHALL EXTEND A MIN.
I' PAST TOE OF F1 L L
FACE
FDRIVEWAY �Y
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N. *"-O ROCK
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CONCRETE PIPE OTHER THAN CrWRETE -
PIPE SIZE TO BE DETERMINED I PIPE, AS APPROVED
BY INSPECTOR AT THE JOB
SITE ( 10" MIN.)
PIPE TO BE LAYED AT EXISTING GRADE OF )FTCM - NO SLUMPS
CROSS -- SECTION
;WASHINGTON COUNTY DRIVEWAY FOR S'C'R SETS
DEPARTMENT OF LAND USE
AND TRANSPORTATION WITHOUT CU913;-
DATE CIVIL fiNGNEER DRAWN APWA NO. WASFL COUNTY NO,
t _. l gib >,4 NONE DW — 202
PROPOSED EDGE
2"CL=C'-' OF SH l !�„__
4' 2% PROPOSED EDGE
LL I m SLOPE VARIES OF PAVEMENT
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OF PAVEMENT
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SEE DWG. NO. DW-202 / �•
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TYPICAL SECTION
ALTERN
^.,_. _WASHING,rON COUNTY
DEPARTMENT OF LANG' USE DRIVEWAY DETAILS FOR
AND TRANSPORTATION NON — CURBED
AREAS
DAT! CIVIL EN13pVEER QRAWN �...,,.
APWA NO. WA$FL COUNTY NQ
_
("X./-85 NONE
DW- 205