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SCA 7-74 SW 69TH & PACIFIC HIGHWAY 400 COUNTRY KI`T'CHEN _ Sign Code Subdivision (SCA 7-74) Mayecnik property on Pacific l� Highway and 69th I n D cc r t.. • 0 A I �t December 11, 1974 Country Kitchen - Shakey's Pizza c/o Carl Anderson Coldwell Benker 1300 S. W. 5th Ave. , Suite 2600 First National Center Portland, Oregon 971291 Gentlemen: This letter officially notifies you that Country Kitchen"p request for a siF,m variance was denies by the Planning; Commission on N-vember 19, 1974. Please feel free to contact this office at 639-4171 it you have any questions. Sincerely, Richard Bolen City Planner RB:ps I MINUTES TIG.ARD PLANNING COMMISSION November 19, 1974 Twality Junior High School - lecture room 14650 S. W. 97th Street, Tigard, Oregon 1. CALL TO ORDER A. The meeting was called to order at 7:35 p.m. 2. ROLL CALL A. Members present: Hartman, Nicoli, Popp, Sakata, Barkhurst, Chairman Whittaker, City Attorney Anderson, City Planner Bolen B. Members absent: Ball, Hansen 3. APPROVAL. OF MINJTES A. The minutes of the November 5, 1974, meeting were approved as submitted. 4. PUBLIC HEARING - Conditional Use 4.1 CU 11-74 (John. Setniker Auto Repair) Request by John Setniker for a conditional use permit to operate an a}.'itomotive repair garage in the C•-3,, General Commercial zone on property located at 13340 S. W. Pacific Highway (tax map 251, tax lot 2000) . A. Staff Findings 1 . Bolen presented the staff findings which, in summary, described the project proposed by the applicant and stated that the proposal does not conform to the adopted plan for the area. B. Testimony and Cross Examination 1. John Setniker, the applicant, described his operation to the Planning Commission stating that he would be operating an automotive repair garage and added that the gasoline pump shown on the site plan would be for his own use only. 2. Wes Hycey of S. W. 103rd Street said that he had been a customer of Setniker's for 2O years and thought the request should be approved. In additinn. hp ;;driPri PC Minutes — November 19 , 1974 - page 1 t..'at th" :!":t.2 , , w`i�-h was dlst.,"Ibuteft s'ta`ed the u,Geting time a,6 or.gir-rr-ir- at. 8:00 and the Pyar�. ing C:anr.i� .ior�, should have :tela to this time rattier than start at i 50. 3. Chuck Stearns of S. W. School Street said that Mr. Setniker should be allowe l to continue hls b-siness on the proposal parcel. 4. Fred Olson, a property owner rearoy ori Pacific High- way said that he believes the business should be allowed at this new lo<.ation. 5. Gordon Moore said that he agreed with statements made by previous proponents. C. Staff Recommendation 1. Bolen recommended denial of the request based on the staff findings which included that the request does not conform to ;he adopted NPO #1 Plan and that the street system as it exists is not sufficient to handle increased commercial traffic loads. D. Commission Discussion and Action 1. Hartman asked Bolen to show on the applicant's site development plan where: the new frontage road would be located. Bolen showed the road and pointed out that it would pass to the rear of the proposed building site. 2. Nicoli asked the City Attorney if this use could be postponed until the frontage road were constructed. The City Attorney replied that the City could not freeze development of this land based upon a court decision concerning the City of Salem. He referred to this as the "Salem Freeze Case". 3. Whittaker stated his concern over the fact that the proposed uae noes not conform tc a publicly adopted plan. 4. Barkhurst stated his belief that the existing frontage road is riot adequate -to serve commercial development and the change in use of this property from residential to commercial use should be made with provision for the frontage road shown in the NPO #1 plan. 5. Popp asked if the future frontaga road could serve this parcel. Bolen said yes, it would traverse the rear of this parcel. PC Minutes - November 19, 19',14 - page 2 6. Popp moved to approve the conditional use based upon the finding that it would not violate the NPO #1 plan and that a community need has been demonstrated. In addition he included that a towing operation could be part of the approvEi use. Nicoli seconded the motion. 7. Barkhurst said that he could not 'vote for the motion in that the burden of proof lies with the applicant to convince the Planning Commission of the conformance of his proposal with the comprehensive plan as well as the other questions raised by Fasano. He said that, in his opinion, this has not been done by the applicant. 8. Nicoli stated his belief that the requested use could create less traffic than anything else that could go on the site. 9. Hartman abstained, stating he had discussed this matter with the applicant previous to the hearing. 10. Whittaker said. he found it unfortunate that the NPU had not commented on this item before the Planning Commission's consideration. He said there were two questions which concerned him: conformance with the adopted plan and the question of whethe- or not there were other more suitable sites located in the vicinity. He was impressed with the sentiment, demonstrated by the patrons of Mr. Setniker in the hearing, but .,aid he could not overlook his commitment to good lanO use planning. 11. Nicoli stated his belief that there were no other sites available in the area. 12. Sakata stated that this was a difficult decision to make because of the testimony given in support of Mr. Setnikel,l s request, but that the Planning Commission must examine the buiden of proof presented by the applicant. 13. The Planning Commission voted on this item and it passed by a majority vote with Hartman abstaining and Barkhurst and Whittaker voting no and Popp, Nicoli and Sakata voting yes. 4.2 CU 12-74 (American Legion Post 158) Request by American Legion Post No. 158 for a conditional use permit to operate a lodge facility in the C-3, General Commercial zone on property located at 13620 S. W. Pacific Highway (tax map 2S1 2CC, tax lot 900) . PC Minutes - November 19, 1974 - page 3 A. Staff Findings 1. Bolen presented the findings, the most significant of which pointed out conformance with the existing adopted plan for the area and that this site would be a more suitable location than the site presently being used by the Legion on 72nd and the frontage road. B. Testimony and Cross Examination 1. Jim Roundtree, the realtor handling the sale of this property, presented the Legion' s proposal for use of this property. 2. Arnie Fisher, a member of the Post, said that the Legion intends to make this site a show place. He continued by saying that the existing site on 72nd dries not have adequate parking and is creating traffic congestion in that area. C. Staff Recommendation 1. Bolen recommended approval of the applicant's req� .est with the condition that some form of screening be pro- vided on the site of the property facing the Camella Apartments and that a detailed site plan be submitted conforming to City code requirements. D. Commission Discussion and Action 1. Popp moved to approve the request based upon the finding that it conforms with the adopted NPO ##1 Plan and with the condition that a site development plan be sub- mitted. to -the staff .for their approval which conforms to the standards of the site development ordinance and which shows provision for drainage. Hartman seconded and the motion passed by a unanimous vote of the commission present. 5. MINOR LAND PARTITIONING 5.1 MLP 8-74 (Country Kitchen/Shakey ' s Pizza) Request to partition property located at the intersection of S. W. 69th Street and Pacific Highway on the northeast corner to provide two parcels to separate restar.-ant facilities. (tax map 1S1 36AD, tax lot 4300) . A. Staff Findings 1. Bolen presented the staff findings relevant to this case. PC Minutes -November 19, 1974 - page 4 B. Testimony and Cross Examination 1. Carl Anderson of Coldwell-Banker explained the proposal to the Planning Commission. C. Staff Recommendation 1. Bclen recommer.Lded approval of the submitted plan with the following conditions: a) that the applicant submit joint access and parking agreements b) that the storm drainage on the 69th Avenue side be located in the public right-of.-way c) that 69th Avenue be improved with a half street improvement d) that the two access drives now existing on Pac.i _ -- Highway be removed and replaced with curbs nd a sidewalk D. Commission Discussion and Action 1. Barkhurst moved to approve the requested Minor Land Partitioning basad upon the staff findings and according to the staff recommended conditions. Hartman seconded and the r.iotion passed by unanimous vote of the Council Commission present. 2. Hartman made a motion to modify the approval as regards the required street improvement for 69th. He moved that storm drainage be the only improvement required on the 69th Street. Popp seconded and the motion passed by majority vote. 6. OTHER BUSINESS - Sign Code Appeal SCA 7-74 (Country Kitchen - 69th & Pacific Highway) A. Staff Findings 1. Bolen stated that the parceling of this property would reduce the allowable sign area for the Country Kitchen Restaurant and they state that a hardship would thereby be created. B. Testimony and Cross Examination 1. Carl Anderson of Coldwell-Banker stated that the smallest sign produced by the company is what they are proposing for this site which has a total of 420 so. feet. He PC Minutes - November 19, 19714 - page 5 e. said that it would present a nara,hip for the company not to be able to use their standarC :sign. C. Staff Recommendation 1. Bolen said that the lot frontage would allow a sign larger than many already existing on the highway and in his judgment a sufficient hardship did not exist to justify the granting of a variance from the sign code. D. Commission Discussion and Action 1. Barkhurst moved for denial of the variance request in that no hardship has been established. In addition he stated that allowing the variance would be granting a special advantage over other similarly situated properties. Nicoli seconded and the motion passed by unanimous vote of the commission present. 7. ADJOt RNMENT A. The meeting adjourned at 11 :05 p.m. PC Minutes - November 19, 1974 - page 6 i Coldwell Banker CUMMLRCIAL BROKLRAGL CUMPANY November 18, 1974 Mr. Richard Bolen City of Tigard 1240 S .W. Main Street Tigard, Oregon 97223 RE: Sign Code Waiver for Country Kitchen an 69th & Pacific Highway Dear Mr. Bolen: I have been requested by C .K. of Portland Inc. , as purchaser, and Michael and Lucy Mayernik , as seller, for that parcel of property located at the northeast corner of S.W. 69th and Pacific highway in Tigard, Oregon to request a variance to the City of Tigard sign code for a restaurant in C-3 zoning. The request on the sign code variance is to allow C.K. of Portland Inc. to use their standard restaurant sign of approximately 420 square feet (two-sided) on the plot out- lined in red on the attached subdivision plan. Said requested sign is in excess of the allowable square footage for a sign on Parcel 1 with the noted front footage. In requesting this variance to sign code it would allow C.K. of Portland Inc. occupying said signs used by other businesses along Pacific Highway in like businesses. C.K. of Portland Inc. requests a sign variance for said Parcel 1. predicated on the following reasons: 1. Country- Kitchen signs are currently mass : roduced with predetermined specifications through a national supplier. Variance of these specifications would produce undue hardship and cost for alteration of a special sign to be placed on said Parcel 1. 2. C.K. of Portland Inc. is attempting to maintain a national identity throughout their restaurant chain which necessitates the use of their standard sign on ell restaurant locations. 3. C .H . of Portland Inc. requests the ability to compete in the restaurant business along Pacific Highway on an equal basis with other restaurants currently in business. This necessitates their being able to have com- parable exposure In signage to other operations along Pacific Highway. 4. Allowing sign variance for Parcel 1 enables a minor land partitioning which would produce a reasonable size plot in Parcel 2, which is a benefit to the City of Tigard in long range planning. FIRST NATIONAL CENTER•SUITE 2600-4300 S W FIFTH AVENUE•PORTLAND.OREGON 97201-(503)2211900-A COLDW11 L BANKER COMPANY Mr. Richard Bolen Page Two City of Tigard November 18, 1974 Your consideration of this request is important to the viability of this project and an affirmative decision for this variance would greatly aid the continuance of this development. Sincerely, C' LDWEI�L BA ER Carl Anderson CA/vm 7 i 1 90•o h� Ufa Z SSS! -: y PAWL :! 'AMC la•2244ar�* o , 2 PkAct�. z y POP• �P.J or 2- MARTIN ENGINEERING CO. `_ rG -mr-, T 1 S, Q,�.,1� 1N r0 Civil Engineert•land planners-I and Surveyors 4621 S W Kelly Avenw iortlond Oregon Date Seel*: 271-1839 97201 —�mmi Irly`- ter;. 1� r V 7 Al ,9 01 o • o s e o o p a p o B o 0 Q 0 Jill10 oo � � I I � eo • � 0 0 0 0 0 ° • o 0 0 gillI i COUNTRY � KI`r'GNEN S1CyN E�,E.VAT1O1�