Hearings Officer Packet - 04/14/1983 - Ratkai 1 is
1640 HEARING OFFICER DECISION
4/83 ::atkai, Paul
CU 1-83
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD •
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IN THE MATTER OF THE APPLICATION )
FOR A CONDITIONAL USE PERMIT TO ) No.
OPERATE A HOME FOR THE ELDERLY; )
CU 1-83
Paul Ratkai, applicant. )
The above-entitled matter came berore the Hearings Officer
at the regularly scheduled meeting of April 14 , 1983 , at the
Durham Treatment Plant, in Tigard, Oregon, at wh'.ch time testi-
mony, evidence and the Planning Department staff report were
received; and
The Hearings Officer adopts the findings and conclusions
contained within the staff report, a copy of which is attached
hereto and incorporated by reference herein and marked Exhibit
"A" ; therefore
IT IS HEREBY ORDERED
CU 1-83 is approved subject to the following conditions:
1. The applicant shall submit a parking plan to the
Planning Department for approval. The plan shall show at least
5 spaces on an asphalt and striped surface.
2 . The building shall be inspected by the City' s Building
Inspector and Tualatin Rural Fire Marshall and meet all Uniform
Building Code and Fire, Life , Safety requirements for occupancy.
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DATED this.,1 day of April, 1983.
HEARINGS OFFICER
APPROVED:
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STAFF REPORT
AGENDA ITEM 2.1
TIGARD HEARINGS OFFICER
APRIL 14, 1983 - 7:00 P.M.
Durham Treatment Plant
Corner of S.W. Hall and S.W. Durham
Tigard, Oregon
A. =ACTS:
1. General Information
CASE: CU 1-83 Kathy's Home for the Aged NPO # 2
REQUEST: To operate a home for the elderly in an R-10 zone.
RECOMMENDATION: Based on staff's analysis, site inspection and
information supplied by the applicant , staff
recommends the Hearing's Officer approve the
Conditional Use with conditions.
APPLICANT: Paul Ratkai OWNER: Lawrence May/David Church
12533 S.W. Grant St. 6328 S.W. Haines Road
Tigard, Oregon 97223 Portland, Oregon 97219
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LOCATION: 12533 S.W. Grant (Wash. Co. Tax Map 2S1 2BB lot 1802)
LOT AREA: .17 acres
COMPREHENSIVE PLAN DESIGNATION: Urban Low Density
PRESENT ZONING DESIGNATION: R-10
NPO COMMENT: NPO # 2 is currently inactive and did not comment on
this application.
PUBLIC NOTICES MAILED: 14 notices were mailed. One letter has been
received from the surrounding property
owners, which supported this conditional use.
2. Background
In May of 1981 the Tigard City Council affirmed the decision of the
Planning Commission denying a variance and conditional use for this
property.
3. Vicinity Information
The surrounding land uses are as follows: The land to the south,
north and west is developed as single family uses. The property to
the east is the Tiger Oil Company business site.
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4. Site Information
There is an existing 2160 sq. ft. single family residence on the
• property which is currently being used to house 4-5 elderly persons.
;v,,, •. B. APPLICABLE PLANNING GOALS AND POLICIES:
1. Comprehensive Pian Policies
2.1.3. The city shall ensure that information on land use planning
issues is available in an understandable form for all
interested citizens.
Notices were sent to all property owners within 250 feet of this
application. A notice was published in'he Tigard Times on March 24,
1983.
6.1. 1 'the City shall provide an opportunity for a diversity of
• housing densities and residential types at various price
and rent levels to households of all incomes.
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Approval of this request will. provide housing for 8 to 10 elderly
persons in the City of Tigard who are in need of 24 hour care.
6.5.1 The City shall require that all housing units be:
a. Constructed according to the Oregon Uniform Building
Code; and
b. Maintained in a manner which does not violate the
City's nuisance ordinance.
The existing residence has been inspected and approved for
occupancy. In addition, the Tualatin Fire District has inspected the
home for Fire, Life and Safety considerations.
2. Tigard Municipal Code
Section 18.20.020 lists conditional uses permitted in single family
zones. Group residential (care) is listed.
Section 18. 72.050 lists general criteria for conditional use approval
as follows:
18. 72.050 - General Criterial for Conditional Use.
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In addition to the requirements on Section 18.72.060, a conditional
use permit shall be issued by the Approval Authority if it is
determined to conform to the following criteria.
a. The use requested would conform with maps, goals and policies of
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the Tigard Comprehensive Plan, and is listed as a conditional
use in the underlying zoning district.
b. The granting of the proposal would provide for the facility that
is consistent with the overall needs of the community
STAFF REPORT CU 1-83 Page 2
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c. The characteristics of the site are suitable for the proposed
use considering size, shape, locations, topography, existence of
improvements and natural feats'-es.
d. The site and proposed development is timely, considering the
adequacy of transportation systems, public facilit:. ,s and
services existing or planned for the area affected by the use.
e. The proposed use will not alter the character of the surrounding
area in a manner which substantially limits, impairs, or
precludes the use of surrounding properties for the primary uses
listed in the underlying zoning aistrict.
18.72.060(n) - Standards Dimensional requirements for Conditional Use
types reads as follows:
h. Group Residential (Care) :
1. Applicable zones: Single Family residential and mutiple
family residential.
2. Minimum lot size: 5,000 square feet.
3. Minimum setbacks: see applicable zone.
4. Height limitations: see applicable zone.
5. Site Design Review in accordance with Section 18.59.
6. Compliance with all State requirements.
7. Off-street parking in accordance with Section 18.60.120.
The applicant's proposal conforms to all of the dimensional requirements
for Grout, Residential (Care) . In addition, the proposal conforms to the
general criteria for conditional use approval.
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The applicant has not submitted a parking plan for the site. Section
18.60.120(2)a of Tigard Municipal Code requires 1 space for every 2 beds
in homes for the aged. If the applicant intends to have 8 to 10 elderly
persons at least 5 parking spaces are required.
Access to the property is a 20' common easement from S.W. Grant which also
serves an additional single family residence to the rear of the site.
3. Staff Analysis
It is staff opinion that the applicant's proposal meets the
requirements set forth in the Tigard Municipal Code to allow for a
Conditional Use and conforms to all applicable Comprehensive Plan
Policies .
4. Conditions
1. The applicant shall submit a parking plan to thc, Planning
Department fur approval. The plan shall show at least 5 spaces
on an asphalt and striped surface.
2. The building shall be inspected by the City's Buildin? Inspector
and Tualatin Rural Fire Marshall and meet all Uniform Building
Code and Fire, Life, Safety requirements for occupancy .
STAFF REPORT CU 1- 83 page 3
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PREPARED R1: Elizabeth A. Newton APPROVED BY: William A. Monahan
Associate Planner Director of Planning
and Development
STAFF REPORT CU 1-b3 Page 4
?ell (lam (73
3/ 12/83
Received a telephone call from Mona Rozsa, 212-544-3313 she owns the
house at 12535 S.W. Grant.
She is mailing a letter, was concerned it would not reach us in time.
Wants to go on record as opposing this Conditional Use Permit for the following
reason:
1. Opposes having residential property turned into a business.
2. '.i-►s been operating without a permit for over a year, she had
questioned the Ratkai about this, and was told by them that
they did not need a permit.
3. Increase traffic congestion since business has began, plus
additional traffic as business grows. Already enough traffic
because of the church.
4. Easement for driveway is not large enough to meet City standards
for a business use.
5. She also claims the Ratkai cut down her tree (apple ?) . ('
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6. Also, the the pavement which is there is parti_al'.y on her property.
The Ratkai said they would have the contractor take care, nothing
has been done.
7. She is concern /that if the Conditional Use permit is approved they
will enlarge their facilities.
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