VAR6-79B v 6-798ED CAUSE / 110TH & GARDEN PK . PI, . 2S1 1 OF 1
3DD 1301 , C'J 4 -79 , S 2-79 , ZC 79 ZO"ER - 7 NPO #3
111
V 7-79
—110th & Garden rk. P1 . 2S1 3DD
1301) CU 4-79, S2-7911, ZC8-79
1
RECEIVED
SEC - 71919
TI
1R GACRD
CITY OF T I C A R D Cin OF TIGARD
P.O. Box 23397
12420 S.W. Main
Tigard,Oregon 97223
November 26, 1979
Mr. Ed Gause
14635 SW 133rd
Tigard, Oregon 97223
Reference: Variance V 7-79 (Heidi Park Subdivision)
Dear Mr. Gause:
Please be advised that the Tigard Planning Commission at their regular
meeting of November 13, 1979, approved your request for a variance from the
standard local street dimensions to align with the existing Garden Park Place
Street through the Heidi Park Subdivision.
This approval is subject to the following condition:
1. That sidewalks are required on both sides of the street.
If, at the expiration of one year from the date of approval of the
Variance, construction of the structure or initiation of the Use giving rise
to the need for the Variance has not begun, the rights given by the Variance
Approval shall terminate without further action by the City, the Planning
Commission, or the City Council.
If we can be of any further assistance, please do not hesitate to
contact this office at 639-4171.
Sincerely,
161E
r4
Ken Selby
Associate City Planner
KSvmc
NOTE: This acknowledgement must be signed and returned to the City of Tigard,
Planning Department. Failure to return this acknowledgement will
result in no further action on this project with regards to issuance
of Building Permits or engineering approval.
' 1n . < < A-_ / z /c7/77
Signature Date /
A
MINUTES
TIGARD PLANNING COMMISSION
November 13, 1979
Page 3
5.3 CONDITIONAL USE 23-79 (Shady Lane Office Complex) NPO #2
A request by Theodore Bare and Kenneth Lewis to renew a condi-
tional use permit to construct a professional office building
or. a 1.54 acre parcel in an A-2 "Multi-Family Residential"
zone and C-3 ";er.eral Commercial" zone at Shady Lane ('Mash.
Co. Tax I,tap :.S; 35B, Tax Lots 201 and 203).
Selby read the STAFF REPORT and REC04ciDATIONS.
The APPLICANT'S PRESEITATION was mac's by John D. Annan...'.,
architect for the project.
There was no PUBLIC TESTIMO:;i.
C0:•U.tISSIOU DISCUSSION ACTION,: Bonn asked for and received •
clarification on street access. Funk inquired about the effort of
the present floodplain ordinance, respcnded to by Staff.
Speaker NOVD approval of extension of Conditional Usa CU 23-79
based on Staff Findings and Recommendations. (It was determined the
extension would be for one year from this date.) Funk seconded
the motion, which then passed unanimously.
5.4 VARIANCE V 7-79 (Ed Gauss) NPO #3
A request by Mr. Ed Gause for a variance to the Heidi Park
subJ vision in reference to aligning the proposed street to
connect to Garden Park Place in the 1.45 acre area located at
110th and Garden Park Place (Wash. Co. Tax heap 231 3DD, Tax
Lot 1301).
Selby read the STAFF P,:PORT and RECC:C".MDATION.
There was neither an APPLICANT'S PRESENTATION nor PUBLIC
CCC1ISSI0;1 UICUSSIO+ 2 ACTION: Smith raised the question
why sidewalks should not be required here on both sides of the street.
Speaker agreed. The discussion centered on what the standard is for
developr.ents, which is sidewalks on both sides. Smith reasoned that
if a sidewalk was to be constructed on only one side, it should be
as a result of the granting of a variance from the standard street
design by reason of topography or other circumstance.
Commissioner Popp offeredobservations based on the pant history
of tins policy on s_dewalks before the Commission, expresair.;; hi
`.
MINUTE3
TICARD PLANNING COMMISSiO.I
November 13, 1979
Pare 4
feeling that a sidewalk on one side is sufficient. Tepedino asked
Selby fcr the feeling of the Staff cn the subject. Selby offered
the general opinion of Staff with respect to sidewalks and their
location in the interior of subdivisions, for instance, as compared
with callector streets. Smith reiterated we should require sidewalks
in accordance with the present code unless a variance is granted to
the contrary. He :•OVD approval of Variance V 7-79 so far as align-
ment of the street is concerned, but that sidewalks shall be required
on ooth sides of the street. Bonn sec•;nded the notion, which then
carried unanimously.
5.5 ZON'I: CHANGE ZC 31-79 (McGehee Investments) NPO ii'•5
A requeat by the McGehee Investments Company fcr a zone map
amendment from City of Tigard R-7 to R-5 Single Family 3esiden-
tial o:. a 3.34 acre site located at SW Hall Blvd. approximately
one-fourth mile south of Bonita Road (Wash. Co. Tax Map 2S1
1?5, Tax Lot 1901).
Selby read the STAFF REPORT and CI:.•NDATIC":3.
Bill Svendse:: of McGehee Investments made the APPLISANT'S j
P' .,';TATIGN. He expressed agreement with the Staff Recommendations,
ar..: offered to ansver questions.
Smith ascertained that there is presently a planned R-7 subdivision
for this tract which has not been filed. With a zone change to
R-5 a new.plaa could be submitted for approval by the Planning
Director.
There was no P'JSLIC TC;STI:•CONY.
CC.C:t3;:ION DISCUS:.IO;i AND ACTION: Popp observed this is in
accord with the Cemprenensive Plan, and 4OVED, approval, based on
Staff Findings and Recommendation. Smith seconded the motion, which
passed unanimously.
At 8:35 the President declared a five-minute recess.
5.6 ZONE CHANGE ZC 32-79 (Mac Harvey) NF,„)
A request by Tr. Mac Harvey for a preliminary plan and program
review cm a 2.06 acre site from Washington County RG-4 to
City of Tigard R-30 Sin„le Family Residential located at 14275
SW 125th (:'dant:. Co. TAX Map 2S1 9A, Tax Lot 200).
1
/1
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION r'
November 13, 1979 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET: VARIANCE V 7-79 (HEIDI PARK SUBDIVISION)
APPLICANT: Mr. Edward Gause OWNER: Same
14635 SW 133rd
Tigard, Oregon
APPLICATION
DATE: October 4, 1979
LOCATION: 110th and Garden Park Place (Wash. Co. Tax Map 2S1 3DD, Tax
Lot 1301) .
REQUEST: For a variance from the standard local street dimensions to
align with the existing Garden Park Place Street through the
Heidi Park Subdivision in a R-7 "Single-Family Residential"
Zone on a 1.45 acre parcel
PREVIOUS ACTION:
On March 6, 1979, the Planning Commission approved a request by Mr.
Cause for a Conditional rise to construct a duplex unit on the southeast
portion of this site with conditions. (See exhibit "A".)
On April 23, 1979, the City Council approved a Zone Change for the
subject site from City R-10 to R-7 "Single-Family Residential" Zone. (See
exhibit "B".)
On April 16, 1979, the Planning Director approved a Subdivision Preliminary
Plat on the subject site to create 5 lots with conditions. (See exhibit
'C".)
I. FINDINGS OF FACT:
1. The Zone Change, Conditional Use and Subdivision approvals have
taken care of the application procedures and conditioning of the subject
site to blend in with the surrounding land uses. Now, the issue is the
construction of the site.
2. The applicant has been required to continue Garden Park Place from
the subject site westward to connect with S.W. 110th. To accomplish this, a
variance to the local street standard is required since Garden Park Place,
which was installed by Stoneridge, also varies from the standard as approved
by the Planning Commission. Therefore , this variance request is simply a
means to allow the necessary process of street aligning to take place. (See
exhibit "D" for cross section of proposed street.)
_Al
STAFF REPORT
AGENDA 5.4
Page 2
3. The variance is requested of the developer by the City Staff. The
change will not adversely affect any surrounding properties.
II. STAFF RECOMMENDATION:
Staff recommends approval of the variance as shown on exhibit "D" .
Prepared by Ken by Approved by Aid e ward
Asso�:to City Planner Director
vmc
A
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•
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1971
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*z=*-e, The' f11c4in; acs:,..'ad;e.r t v*s,t to receivEl by the City of Tigazd
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to rstu.rn this aca:�,vled:rl1t may rsu1>_ is e:tics by the City of
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a`.ta-r d.
Eigtatare Oats
•
CITY OF TIGARD
P.O. Box 23397
124205.1/V11/fain
Tigard, Oregon 97223
April 26, 1979
Ed Cause
14635 S.W. 133rd Avenue
Tigard, Oregon 97223
Re : ZC - 8-79 - S.W. 110th Park
Dear Mr. Cause :
Enclosed is a copy of Ordinance No. 79-32 which wss approved by the Tigard City
Council at their regular meeting of April 23, 1979. Your request was approved
with the following conditions as set forth in the enclosed ordinance:
1. The applicant dedicate the adequate distance (as determined by
City Engineer) of right-of-way along S.W. 110th, and construct
half street improvements to City standards prior to issuance of
building permits.
2. That the required construction and drainage plans be submitted
and approved with the necessary bond agreement to the Engineering
and Building Departments for approval prior to issuance of permits.
3. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and
changes are approved by that department. Application for changes
will be made in writing and shall include applicable drawings,
engineering spe:ifications and other details requested by the
department. No construction shall take place in these instances
until after the changes have been approved. Any deviation from this
condition will result in the immediate posting of a stop work order
on the project or any portion of the project.
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Doris Hartig
City Recorder
DH/pjr
cc: Joe Walsh
Encl.
' 'e \ L
Ed Cause
Page 2 April 26, 1979
ZC 8-79
NOTE: The following acknowledgment must be received by the City of Tigard within
fourteen (14) days of your receipt of this letter. Failure to return this
acknowledgment may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the action of the Tigard City Council.
I have received and read this letter and I agree to the decision here documented and to
abide by any terms and/or conditions attached.
Sig-:3:ure Date
•
STA'F REPORT - TINA' 1:::"ION
April 16, 1979
TIGARD PLA:.:Iii:G DEPART.'.EN T
CITY HALL
12420 S.W. Main Street - Tigard, Oregon t 'S C.~
GXfb
Docket: Subdivision S 2-79 - S.W. 110th Park
Request: To subdivide a 1.45 acre parcel into five lots in a R-7 "Single
Family Residential" zone.
Location: East of S.W. 110th Avenue, at the west end of S.W. Garden Park
Place (Wash. Co. Tax Map 2S1 300, Tax Lot 1301) .
Applicant: Mr. Ed Ge.uce
Previous Action:
CU 4-79 - A conditional use permit was granted by the Planning Commission
on March 6, 1979.
ZC 8 .79 - A zone change request was approved by the Planning Commission on
April 3, 1979.
I. Findings of Fact:
1. The applicant is requesting preliminary plat approval in accordance
with Section 17.16.100 of the Tigard Municipal Code to subdivide
a 1.45 acre parcel into five lots with a minimum lot size of 8,624
square feet. Four of the lots are for single family dwellings and
one is for a duplex which was approved by the Planning Commission
as a conditional use on March 6, 1979.
2. The site is designated "Urban Low Density Residential" on the NPO
*3 Plan and is presently zoned R-7 "Single Family Residential".
3. Applicable policies from the NPO *3 Plan are as follows:
a. The maximum overall density of the development will be 3
dwelling units or 9 persons per gross acre. A higher density
of 4 units or 12 persons per gross acre is a possibility
within an approved planned unit development.
b. Residential subdivisions will be developed with paved streets,
curbs and gutters, street lights and walkways according to
City or county standards. All utilities will be placed under-
ground.
c. Development will coincide with the provision of public streets,
water and sewage facilities shall be (a) capable of adequately
serving development and (b) designed to meet City or county
standards.
4. Section 17.16.100 states that:
No tentative plan for a proposed subdivision and no tentative plan
for a major partition shall be approved unless:
MR
•
STAFF REPORT; - FIP:AL A:'TLC•
April 16, 1979 { C C
S 2-79 - S.W.} 110th Park
Page 2
•
a. Streets and roads are laid out so as to conform to the plats or
subdivision or maps or major partitions already approved for
adjoining property as to width, general direction, and in all
other respects, unless the City determines it to be in the
public interest to modify the street or road pattern.
b. Streets and roads held for private use are clearly indicated on
the tentative plan, and all reservations or restrictions relating
to such private roads and streets are set forth thereon.
C. The tentative plan complies with the Comprehensive Plan and
applicable zoning regulations of the City then in effect.
d. No tentative plan of a subdivision or map of a major partition
shall be approved unless there will exist adequate sewage disposal
system to support the proposed use of the land described in the
proposed plat.
5. The site slopes from the southeast corner dropping approximately three
percent diagonally to the northwest corner. The surrounding property
uses are a residential unit to the west across S.W. 110th and single
family units directly to the north. To the east and directly south
are duplex units and the Garden Park Place duplex planned development.
6. Southwest 110th Avenue is designated as a local street requiring 50
feet of right-of-way.
A local standard street is being constructed within the Garden Park
Place development that when continued will pass throughout lot 1301
and the subject site.
8. Unified Sewerage Agency service and the Tigard Water facility is
available from the east approximately 140 feet and the north along
S.W. 110th Avenue approximately 150 feet.
II. Conclusionary Findings:
1. Southwest 110th Avenue is in substandard condition having inadequate
right-of-way or paving width, no curb, gutter or sidewalks and in its
present condition is overcapacitated.
2. The proposed preliminary plat conforms to the Tigard Cortmunity Plan,
1971, in that the proposed lotting pattern is for residential purposes
and conforms to the dimensional requirements of the zoning code.
3. With the attachment of appropriate conditions, access will be available
to all lots, and each lot as proposed will abut a public street.
4. Adequate sanitary sewer and water service are available to service
the proposed subdivision.
ILL. Final Action:
The preliminary plat for S.W. 110th Park subdivision is hereby approved
subject to the following conditions:
•
April 16, 1979
S 2-79 - S.W. 110th o. 4.
Page 3
1. That the applicant dedicate the adequate distance (as determined by
City Engineer) of right-of-way along S.W. 110th, and construct half
street improvements to City Standards prior to issuance of building
permits.
2. That the required construction and drainage plans be submitted and
approved with the necessary bond agreement to the Engineer and
Building Departments for approval prior to issuance of permits.
3. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
4. Street improvement on S. J. 110th Avenue will include covered drainage
tile the full length of subject property.
5. That street lights along S.W. 110th Avenue and throughout the subdivision
be installed in accordance with City standards.
Report prepared by: Lori :lastrantoniouser Approved by: Ald e .o . d
Planning Intern Plan Director
- 19 -19
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PUBLIC NOTICE
AFFIDAV OF PUBLICATION 1GARDPLANNINGCOMMISSION
November 13,1979
STATE OP OREGON, } FOWLER JU NIOR HIGH SCHOOL
ss. LECTURE ROOM
COUNTY OF WASHINGTON,
10865 SW Walnut Street-Tigard
5. PURI.IC.HFARINGS
1 Joseph Schafer 5.1 ZiINE ORDINANCE AMEND-
MENT ZOA 4-79 (City of Tigard)
being first duly sworn, depose and say that I am the publisher _.._ A request by the City of Tigard for
a zone text amendment for Chapter
of The Tigard Times, a newspaper of general circulation, as defined 18 32 of the Tigard Municipal Code re- '
(erring to a subject title change from
by ORS 193 010 and 193 020, published at Tigard, in the aforesaid county and "Neighborhood Commercial" (C-4) to
"Residential-Commercial" (C-4).
state, that the legal notice, a printed copy of which is hereto annexed, was 5.2 SUBDIVISION S 21-77(Gallo Vine-
yards) NPO 7
published in the entire issue of said newspaper for __2 successive and A review for an extension of an ap-
proval by the City of Tigard Planning
consecutive weeks in the following issues Department on June 23. 1975 for a pre-
liminary plat approval to create a 14
_ October 31 & November 2 , '1979 - - lot subdivision on a 3 38 acre parcel at i
7I SW Tigard and 113th Avenue (Wash
- e-v---- Co Tax Map ISI 34DC,Tax Lot 2900)
iSttu el 5,3 CONDITIONAL USE 23-79 (Shady i
e3-70p
Lane Office Complex) NPO 2 4
Subscribed and sworn to before me this 7th - day of A request by Theodore Bare and
Kenneth Lewis to renew a conditional '
November 19 .79 use permit to construct a professional,
office building on a 1.54 acre parcel in
an A-2 "Multi-Family Residential"
Notary Fub,c of Oregon � zone and C-3 "General Commercial
zone at Shady Lane Wash Co. Tax
Map 1St 35B, Tax Lots 201 and 203).
I.S� _kg c 5 4 VARIANCE V 7-79(Ed Ga���Pi ti811
My commission expires r FEB. �E� 3 �_,
request by Mr Ed Gause for a —
variance to the Heidi Park subdivision
in reference to aligner he proposed
street to connect to C • i Park Place
in the 1 43 acre are., lir .ted at 110th
and Garden Park Place(Wash Co.Tax
Map 251300,Tax Lot 1301
3 5 ZONE CHANGE. ZC -1.79 (McGe-
hee Investments) NPO 5
A request by the McGehee Invest-
ments Compan', for a tone map
amendment from City of Tigard R 7 to
R-5 Single Family Residential on a 134 .-
acre site located SW Hall Blvd
approximately ii mi •• south of Bonita
Road i Wash. Co Tax Map 1 I2B. Tax
Lot 1901i.
5 6 ZONE CHANG I-. ZC 32 79 i Mac
Harvey'NPO3
- A request by Mr Mac Harvey for a
preliminary plan ani/ program review —
on a 206 acre site from Washington
County RU-4 to City of Tigard RAO •'
Single Family Residential located at , , i
14275 SW 125th (Wash. Co Tax Map , 4
2S1 9A, Tax Lot 200). -,t
5 7 CONDITIONAL USE CU 22-79(The i-
. Robert Randall Company -Medical Of- s
fives) NPO 3 I1 ,'
A request by The Robert Randall s- i i jet
Company tor a conditional use permit –
to construct a professional office in a -
C-4 "Neighborhood Commercial" zone
on a 2.09 acre site located at SW Pacific
Highway and Gaarde_Stre t(Wash.Co.
Tax Map 2SI 10A Tax Lots 1300 and
! 1400).
5 8 A request by the City of Tigard for
a Special Use Permit to fill in the flood
plain on a 30.000 square foot parcel of
land located at SW Ash Street Right-
Of Way(Wash Co Tax Map 2S1 2AC).
NPO I
(TT 4118 - Publish Oct.31,Nov 2,1979)
•
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ) ss.
City of Tigard
I, Viola Christensen, being first duly sworn, on oath depose and
say:
That I am Secretary for the Plarning Department for
the City of Tigard, Oregon
That I served notice of hearing of the Tigard Plan-
ning Commission
of which the attached is a copy (Marked Exh4it A) upon each of
the following named persons on the .2 ,-'ytc1( day of
/l OZ r »,LIZ , 1979 , mining, by ming to each 6Tthem at the
address shown on the attached list (Marked Exhibit B) , said notice
as hereto attached, deposited in the United States Mail on the
'`r' day y o f.
/f/crL4e_,,,,&?1 , 197V , postage prepaid .
L> AXIALSubsc ed� n�d sworn to before me on the moi! day of
"'�"` ‘ , 197
fd6-r3di:-0
. , oNotarY PuE1ic Oregon
.ply colhission expires: 11;75
A
•
I I G AR r e.'fL4e1 .4
NOTICE O PUBLIC H
NOTICE IS HEREBY GIVEN THAT THE TI:Ar.i) PLANNING COMMISSION AT ITS MEETING ON TUESDAY,
NOVEMBER 13, 1979 , AT 7:30 P.M. , IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH
SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION:
APPLICANT: Mr. Edward Gause OWNER: Same
14635 SW 133rd
Tigard, Oregon
REQUESTED ACTION: A variance from the standard local street dimensions to align with the
existing Garden Park Place Street through the Heidi Park Subdivision
in a R-7 "Single-Family Residential" Zone on a 1.45 acre parcel.
FILE NUMBER: V 7-79
LOCATION• ]„Qtb and G '�gn Park Place (Wash. CoTag c 3DID, ITa i C,ot 13011 .
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THE PUBLIC HEARING; ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THF. RULES OF PROCEDURES
OF THE PLANNING COMMISSION. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD,
OR, TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE INITIAL HEARING.
FOR FURTHER INFORMATION, PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171
CITY OF TIGARD
12420 S.W. Main
Tigard, Oregon 97223
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ZONE CiiANGE - CONDITIONAL USE - VARIANCE - TEMPORARY USE - NON-CONFORMING
USE REQUESTS
APPLICATION - , File # II
Fee Rec 'd. aSa-c/b
1igard Planning Commission 639-4171 Receipt #
12420 S .W. Main St . , Tigard, Oregon 97223 Date Rec 'd . Qa-y64,.- y l97,
By gem S.
__
PLEASE PRINT IN INK OR TYPE
Action Requested frovk{' _1' A/(5ti) It d, (J.. L a.,C1,,•, c►f aR4 U 6*.--..Q..s" f.:..-k RSL
Applicant ' s Name c 6ttt'S e Phone G �� - 6 5)-3-
Applicant ' s
S-JApplicant ' s Address /V 3S ' SLS ( 33vd (( krd `172-23
(
(street � .c • --
ity) (state) (zip)
Owner 's Name :o►,.-'_-__ Phone
Owner 's Address
(street ) (city) (state) (zip)
Applicant is : Owner Contract Purchased Developer Agent
Other
Owner Recognition of application :
signature of owner(s)
C,
Person responsible for application 'ee .. �_�_-
�
- _—(street) - (city)
(state) (zipT-
PROPERTY INVOLVED: Tax Map #.15/ 3DD_ Tax Lot(s)____ 101 -
Address__I I '�'t' + Gc.-rd� ,v �44. � -___._��
�� ��_ Area /. ti S^ (acres)
xisting Buildings (# and type)
urrent zoning- 4- 7 _ Current Use 5,',c fri• Ara,- (�
N Pr' #3 z� r
Applicant ' s Applicant 's
Proposed Zoning` Proposed Use
SUBMISSION �~ _Title Report "Fasano" Requirements
r)F;QUIREMLNI'S : - ` Legal Description _______
Legal Vicinity Map
__ _Tax Map Site Development Plan
Site Plan
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