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Hearings Officer Packet - 05/27/1982 -Phagans 111111111M1 Mk 1640 HEARING OFFICER DECISION "6/82 Phagans Beauty School _. CUP 9-82 b • 'rr • • • • • • •• II• BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION FOR A ) 1� • CONDITIONAL USE PERMIT TO LOCATE A BEAUTY No. /7 3 SCHOOL IN A C-3, GENERAL COMMERCIAL ZONE; ) CUP 9-82 Phagans Beauty School, Applicant. ) • The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of May 27, 1982; and • The applicant applied to the City for a conditional use permit to operate a beauty school on property located at 8820 S.W. Center Street, City of Tigard, Oregon, and more spe- cifically described as Tax Lot 4900 , 1S1 35DD, Washington County, Oregon, property zoned C-3, General Commercial; anu The Hearings Officer conducted a public hearing at which time testimony, evidence and the planning department staff report were received, and it appearing from the evidence that the v request should be allowed; and The applicant requested that the Hearings Officer waive the requirement, as set forth in the staff report, that the appli- 077) cant make improvements to S.W. Center and 87th Streets as a condi- tion of approval, citing the hardship associated with the estima- ted cost of $6000. 00 for such improvements. The Hearings Officer dhas reviewed the staff recommendation, Section 18. 72 of the Tigard Municipal Code relating to Conditional Uses, and Section 15 of the Tigard Municipal Code, and finds that it is the clear intent NJ of the Code to require street improvements at the time of permit • approval, regardless of the nature of the permit. It is apparent that the City finds that the time the property owner received the benefit of the new use, i.e. lease payments , is an appropriate time for the property to be brought up to Code. Generally, the property owner would absorb the costs of such improvements; if the applicant in this situation neglected to negotiate that term with the Lessor, that is unfortunate, but it is to the entire City's benefit to have the streets brought up to standard; and • The Hearings Officer adopts the Findings and Conclusions contained within the staff report, a copy of which is attached e hereto and incorporated by reference herein, and marked "Exhibit A" ; therefore IT IS HEREBY ORDERED: Conditional Use Permit 9-82 is approved subject to the following conditions : 1. The applicant shall submit Public Improvement Plans • and an agreement for half-street improvements to S.W. Center and S.W. 87th Streets to the City' .; engineering department for approval. • Standards for street improvements are attached as part of the staff report and are incorporated by reference herein. (See Attachment "B" ) . Should the applicant wish to occupy the premises prior to such improvements, it shall submit a bond, in a form satisfactory to the City, in a sum not less than 150% of the esti- mated costs for said improvements , guaranteeing the completion of said improvements. 2. Any tenant modifications to the existing structure shall be appr-„ed by the City building department prior to occu- pancy. Page 2 - CU 9-82 • I 0 3. The applicant shall secure site design approval from the City planning department for landscaping and parking. 4. The applicant shall secure a sign permit and a City business license. ., // , i <_. DATED this ( day of June, 1982. HEARINGS OFFICER APPROVED: ; "' ...._ � / .- 7e.',/"-X -< / 2 ---//, L.---/ '''. 7(.(, , / ____. , ,,,, ,..,_ __-- . i. BETH BLOUNT n 2 LI Page 3 - CU 9-82 THOMAS H. BURTOP 1 in1 L-J 07 ` 'IMR9 raIDTITMIL, ENGINEERING & SURVEYING 302 Tigard Plaza PORTLAND, OREGON 97223 '6ATE— L JOB NO (503) 639.6116 �`'Wig Z_ l__.8 `_ - / 3/ artENtt N r — rr TO i , i-� -f / /-f rr i'ac --1 06C)t '/ " Ca WIL.ip 4.r," `'i RE , L L 4. , `/ C pt.?-, Y f„... /.. S.4-', b 7t1r , S, �..v, r! e,,-1 --hre.-A-- WE ARE SENDING YOU '? Attached 7' Under separate cover via____ the following items Shop drawings Prints ><Plans Samples Specifications Copy of letter Change order . THESE ARE TRANSMITTED as checked below: X For approval ❑ Approved as submitted Resubmit copies for approval For your use 0 Approved as noted Submit copies for distribution As requested L7 Returned for corrections Returncorrected prints For review and comment rc ___ Cc' 5 .1;--.1;-- L - 'f/ `-•`' 4 7)C FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US REh IARKS )Yee•-I > /¢5 J-;, ,-'._- , , , . , , /r C. - - . .--2 LI 15 e r ' 4.---.- t._7 I T—_ / / f COPY TO — r c f'd ' ,- /5 (_ 47 SIGNED. ` nes'' �c � II enCrnhOel are nor se noted emdq moldy ue II once roano ter ,%call rc WIN eta . e'/e • „04„ r THOMAS H. BURTON ENGINEERING & SURVEYING 302 TIGARD PLAZA ?ORTLAND OREGON 97223 P2-131 Construction Esq irate for constructing, curbs, Sidewalk, and driveway approach es ler City of Tigard Standards for Phagan's Beauty Schoal at S.W. P7th. ¶t. and S.V. Center St. , Tigard, Oregor . May 26, 1982 TOTAL UNIT TOTAL ITEM QUANTITIES PRICE DOLLARS Excavation Common and Asphaltic Rock - 50/Cu. Yds. 21..50 $1075.00 Concrete sidewalk and driveway - 6" thick - commercial drive - 121.33/Sq. Ids. 25.00 3,033.00 Concrete Curb - 238/LF 6.00 1,428.0U Subtotal = $5,536.25 10% Contingencies = 553.63 M GRAND TOTAL m $6,089.88 40!!247- (!1- 41' 145373 0F!2f(! 4'' 14537? 4.4 oR•_:0 asp By: -- Dennis Smith, Burton Engineer-in-1z ' r) r ""Pho \ n Boo I� DP - ' -) niciEns . ) nhDbl ( (o)