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HomeMy WebLinkAboutHOP2017-00035 H0P2017 - 00035 VIRGINIA HILL, LCSW 120 DAYS = March 5,2018 DATE FILED: February 22,2018 Ill mu DATE MAILED: February 22,2018 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number: HOP2017-00035 (HOME OCCUPATION PERMIT) Case Name: VIRGINIA HILL, LCSW Applicant's Virginia Hill,LCSW, 12418 SW 1315`Avenue,Tigard,OR 97223 Name/Address: Owner's Name/Address: Same as_applicant Address of Property: 12418 SW 1315`Avenue,Tigard,OR 97223 Tax Map/Lot No.: Washington County Tax Assessor's Map 2S104AB,Tax Lot 8900 A FINAL ORDER INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING A REQUEST FOR A HOME OCCUPATION PERMIT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT, AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON FEBRUARY 12, 2018 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS, AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. ITEM ON APPEAL: The Director approved an application for a Type II Home Occupation Permit at 12418 SW 131" Avenue on December 4,2017 (Case No. HOP2017-00035). On December 19,2017,an appeal to the Hearings Officer was filed on this application. On February 22,2018, the Hearings Officer denied the appeal,and approved Case No. HOP2017- 00035,subject to certain conditions of approval. The approved home occupation use is for in-home counseling services,by appointment only. The use is limited to a maximum six (6) clients per day, three (3) days per week, between the hours of 8:00 a.m. and 7:30 p.m. ZONE: Medium High-Density Residential District (R-25). REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.742. ACTION: 0 Approval as Requested ❑x Approval with Conditions 0 Denial FINAL DECISION: THIS IS THE FINAL DECISION OF THE CITY.THIS DECISION IS FINAL ON FEBRUARY 22, 2018,AND IS EFFECTIVE ON MARCH 16,2018,UNLESS AN APPEAL IS FILED. The adopted findings of facts,decision,and conditions of approval can be obtained from Lina Smith,Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, by calling at (503) 718-2438, or by e-mail to LinaCS@tigard-or.gov. APPEAL: A review of this decision may be obtained by filing a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA),according to their procedures within 21 days. The deadline to file a Notice of Intent to Appeal with LUBA is March 15,2018. QUESTIONS: If you have any questions, please contact Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard,OR 97223,by calling at (503) 718-2438,or by e-mail to LinaCS@tigard-or.gov. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an appeal of an administrative ) F I N A L O R D E R decision approving an application for a ) Type II Home Occupation at 12418 SW ) HOP2017-00035 131St Avenue in the City of Tigard, Oregon ) (Hill Home Occupation) A. SUMMARY 1. The applicant, Virginia Hill, LCSW, requests approval of a Type II Home Occupation permit to provide in-home counseling services in a portion of the residence at 12418 SW 131st Avenue; also known as Tax Lot 8900, WCTM 2S 104AB (the "site"). The site and surrounding properties are zoned R-25 (Medium High-Density Residential, 25 units per acre minimum lot size). The applicant proposes to operate the business three (3)days a week. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions.No external changes to the property are proposed as part of this application. 2. The Tigard planning director(the "director") issued a Type II decision approving the application subject to conditions of approval. See the Notice of Type II Decision HOP2017-00035 (Hill Home Occupation), dated December 4, 2017. (the "director's decision"). 3. On December 19, 2017, the City received an appeal of the director's decision filed by Heidi Brown (the "appellant"). 4. On February 12, 2018, Tigard Land Use Hearings Officer Joe Turner(the "hearings officer") conducted a duly noticed public hearing to consider the appeal. City staff recommended the hearings officer deny the appeal and affirm the director's decision. The applicant, her attorney and seven other persons testified in support of the application. The appellant and six other persons testified in support of the appeal. One person provided anonymous testimony in support of the application. The principal issues in this case include the following: a. Whether commercial activities are allowed as home occupations in residential areas; b. Whether the City can interpret and enforce Conditions Covenants and Restrictions ("CC&Rs")that may apply to the site; c. Whether the City can regulate the type of counseling services the applicant provides or the clients she serves; d. Whether the proposed use will be detrimental or disruptive to neighboring properties and residents due to increased vehicular traffic,the ability of the applicant's clients to see into neighbors' yards and decks, and outdoor lighting on the site; e. Whether the proposed use complies with the size limitations of section 18.742.040.D of the Tigard Development Code (the "TDC"); f. Whether the proposed facility will impact the value of surrounding properties and whether such impacts are relevant to the applicable approval criteria; g. Whether the applicant can be held to the use limitations proposed in the application; h. Whether the applicant is required to demonstrate compliance with the purpose statements in TDC 18.742.010.A; and i. Whether the hearings officer has jurisdiction in this proceeding to determine if Bed and Breakfast establishments are permitted in residential zones. 5. Based on the findings and conclusions contained herein and the testimony and evidence in the public record,the hearings officer denies the appeal and affirms the director's decision subject to additional conditions included in this Final Order. B. HEARING AND RECORD HIGHLIGHTS 1. The hearings officer received testimony at the public hearing about the appeal on February 12, 2018. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony and evidence offered at the hearing. 2. City assistant community development director Tom McGuire summarized the director's decision and the City's February 5, 2018 Memorandum in response to the appeal. a. He noted that the scope of the approved use is limited to what was proposed in the application. In this case, providing counseling services by appointment three days per week, between 8:00 a.m. and 8:00 p.m. The applicant must obtain additional City review and approval to expand the use beyond these proposed limits. The Code limits the applicant to a maximum six clients per day. Conditions of approval are not necessary to limit the use to what was proposed in the application or to ensure compliance with the Code. Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 2 b. The City concluded that the proposed use will not be detrimental or disruptive to neighboring properties and residents. TDC 18.742.060.B(3). As proposed, the applicant's clients will park in the existing driveway, walk down the outdoor stairway on the north side of the site, and enter the residence through a patio door in the daylight basement of the home. The applicant proposed to provide a fence along the north boundary of the site, between the stairway and the abutting property, to screen client's views of the adjacent home. c. The purpose statement cited in the appeal, TDC 18.742.010.A(1), is not an applicable approval criterion. d. TDC 18.742.040.D requires that home occupations "[b]e operated entirely within the dwelling unit and a conforming accessory structure." The area used for home occupations may not exceed 25-percent of the combined gross floor area of the residence and accessory structure. The applicant proposed to utilize 19%of the gross floor area of her residence for an office and waiting area. It has been the City's standard practice and interpretation to only consider indoor floor area as part of the use. Areas used for parking and access are not included in the floor area calculation. 3. Attorney Andrew Stamp testified on behalf of the applicant and responded to the appeal. a. He noted that the applicant is a licensed clinical social worker ("LCSW"). She proposes to provide primarily oncology and grief counseling from her home. She will provide such services on a part-time basis, three days per week between 8:00 a.m. and 7:30 p.m. She will serve a maximum six clients per day. She does not have any employees. The use is limited to the scope of use proposed by the applicant. It is unnecessary to impose conditions of approval repeating those limitations. However,the applicant would accept such conditions. b. The use will generate a minimal amount of traffic; a maximum of 12 trips per day, roughly the same number of trips as a single-family home. The local streets serving the site are designed to accommodate between 1,000 and 1,500 average daily trips ("ADT"). Based on aerial photos,the local streets in this area serve approximately 60 homes, which generate 600 ADT. Therefore,traffic generated by this use will not exceed the capacity of area streets. An additional 12 vehicle trips per day will not create a hazard on these streets. c. The use will not be detrimental or disruptive to neighboring properties and residents. The Code does not define the terms "detrimental" or"disruptive."The dictionary defines these terms as causing injury or damage. These terms must be construed in context,to only prohibit impacts that exceed normal impacts generated by residential uses. A person walking down a stairway between two residential structures and entering a home is not a detrimental or disruptive impact. Children talking and playing are normal residential activities. The applicant's clients will be able to see Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 3 portions of the neighbors' deck from the rear yard of the site. However,that impact exists regardless of this use. Anyone using the existing stairway or standing in the backyard of the site can see onto the neighbors' property. The neighbors can also see into the applicant's yard and deck. Those types of effects can be expected in this type of residential neighborhood with homes located close together. The applicant will provide a six-foot tall fence along the north boundary of the site, to screen the walkway from the adjacent property. d. The applicant's clients will not pose a hazard to neighbors. The applicant provides grief and cancer counseling,primarily for women and children. She screens all of her clients and would not invite them into her home if they posed any kind of a hazard.Neighbor's subjective fears about the applicant's clients are not relevant to the applicable approval criteria. e. He argued that the size limitations of TDC 18.742.040.D only apply to interior areas of the home or accessory structure. The size limits of this section only apply to "[mjaterial product storage and/or the business activity..."Areas used for parking and access are not"[mjaterial product storage and/or the business activity..." and therefore are not subject to the size limits of this section. The applicant proposed to use roughly 450-square feet, or 18-percent, of the interior area of the roughly 2,500 square foot existing residence on the site, well within the 25-percent limit of the Code. f. The applicant would be willing to accept a condition of approval requiring that the exterior motion sensor light be aimed and shielded to shine down onto the site and not cast glare onto adjacent properties. g. The Code does not limit the types of clients the applicant may serve. However,the applicant has years of experience and expertise in the area of grief and oncology counseling. She is unlikely to significantly change the scope of her existing practice. h. The opponents' assertions that commercial activities should not be allowed in residential neighborhoods are not relevant. The Code allows home occupations, subject to the limitations of TDC 18.742. i. He waived the applicant's right to hold the record open for one week to submit a final argument. 4. The applicant, Virginia Hill testified that she has worked as a LCSW for the past 25 years, including nine years in private practice. She specializes in providing counseling related to cancer and other physical illnesses, grief, and loss. She provides play therapy for children. Her clients are not mentally unstable or dangerous. She does not provide court-ordered counseling. Her clients are everyday people who are seeking assistance dealing with difficult periods in their lives. Her children live with her and she would not expose them to dangerous persons. She recently divorced and her private Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 4 practice colleague is retiring, so she sought a new residence where she could continue her practice as a home occupation. She also works part-time for Compass Oncology. 5. Realtor Sharon Loffelmacher summarized her work with the applicant seeking a new residence where she could continue her private counseling practice. 6. LCSW and registered nurse Evelyn Murphy summarized her work with the applicant. She argued that the applicant's clients are average people that have been touched by loss and grief. They are seeking counseling to help them deal with those issues. 7. Retired LCSW Rebecca Speulda testified that the applicant is a very committed and compassionate professional and she trusts the applicant's judgment. 8. Ann Soule testified that she shared office space with the applicant for several years. The applicant's clients are not dangerous. They are ordinary people who are seeking help with difficult times in their lives. 9. Teacher Ben Needham argued that the applicant is not responsible for neighbor's dog barking when people walk on the applicant's property. The neighbors have a responsibility to control their own dog. 10. Jennifer Talney-Needham testified that the applicant is a good person and a good neighbor. 11. Respondent's adult daughter Olivia Hill testified that her mother tried to communicate with neighboring residents about her planned home occupation practice, but she was rebuffed. 12. Lucius Valusek questioned why the applicant's counseling business is allowed but he was prohibited from operating a bed and breakfast in his residence. If the City allows commercial activities in residential areas, it should allow all commercial activities. 13. The appellant, Heidi Brown, summarized her appeal. She and her neighbors were surprised by the application. The information provided by the City included few details about the proposed use, and the uses allowed by the Code are much broader than what the applicant proposed. They were unaware that the Code allowed businesses in residential neighborhoods and that they City would not enforce CC&Rs. Although the applicant proposed a limited use,the conditions of approval did not reflect those limitations. a.Neighbors are concerned about increased traffic in the neighborhood. Streets in the neighborhood carry very limited volumes of traffic under existing conditions. Therefore, any increase in traffic will be significant. The applicant's home is located near a sharp curve where speeding is a problem under existing conditions. Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 5 b. She and her neighbors are concerned about the type of counseling the applicant will provide on the site. The applicant currently provides grief and oncology counseling. However, there is nothing to prevent her from changing her practice and providing drug and alcohol or sex offender counseling from her home in the future. The conditions of approval should limit the type of counseling allowed on the site. c. The proposed use will have direct negative impacts on existing neighborhood residents. The proposed commercial use is significantly different from normal residential uses and activities. Residents may have occasional parties and gatherings that bring strangers into the neighborhood. But the applicant proposed to do so several times a day, several days a week,throughout the year. The applicant's clients must walk through the side yard between the applicant's and neighbors' homes, directly adjacent to the bedroom window of the adjacent home.Neighbors generally know each other and are aware of strangers in the neighborhood. However,they will be unable to distinguish the applicant's clients from potential criminals.New clients may arrive on an hourly basis up to six times a day. d. Clients walking to and from the applicant's office will trigger a motion sensor light on wall of the applicant's home, which may disturb the residents of the home to the north. Clients will also be able to see onto the neighbors' deck. 14. Chris Brown summarized his written testimony, drawings, and photos, Exhibit 1. He argued that the proposed use exceeds the maximum size limits allowed by the Code. a. The proposed home occupation is a business as defined by the Code. The "business" includes all of the activities carried on by the same legal entity on the same premises. TDC 18.120.030.A(32).1 The applicant's clients will park in her driveway, walk down the stairway to her outdoor patio,then enter the applicant's office located inside the residence. Therefore, the business use includes the driveway, stairway, patio, and office. The combined square footage of these areas exceeds the maximum permitted size limits of the Code. In addition, TDC 18.742.040.D requires that home occupations be operated entirely within the dwelling unit and a conforming accessory structure. b. He argued that the proposed use will be detrimental to the neighborhood. The applicant's business customers will be visible in the applicant's back yard; they must walk through the five-foot side yard setback area and within five feet of the neighbors' bedroom in order to access the business. These impacts will reduce the value of adjacent properties. 1 It appears Ms.Brown intended to cite to TDC 18.30.020.B(32),which is the definition of"business"in the recently adopted version of the TDC.However,the Code in effect at the time this application was filed did not include a definition of the term"business." Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 6 15. Kathryn Kozlowski objected to having the applicant's business operating next door to her home. Although the applicant may be a good person, her clients may not be. She was attacked in her own home by a person she knew and trusted. She suffers from PTSD as a result. She testified that portions of the applicant's walkway,the posts for the railing, are located on her property north of the site. Therefore, if may be impossible to construct a fence between the walkway and the north boundary of the site. 16. Jennifer Worth argued that the CC&Rs for this development prohibit the applicant's business use of her home. The use will damage the neighborhood by bringing commercial activities into a residential area. The applicant will invite strangers into the neighborhood and the neighbors will have no idea what type of people the applicant is "subjecting them to." 17. Carrie Tillotson argued that the applicant should clarify and limit the scope of her practice. Mr. Stamp's letter states that the applicant"primarily"works with women and children and "primarily" with grief, loss, and life transitions. However,this description allows a broad range of clients and issues. In addition, the neighbors would never know if the applicant changed the scope of her practice and the types of clients she serves. Although the Tigard Police Department did not express concerns with the use, her husband, a Tigard police officer, is concerned about the proposed use and the types of clients the applicant will bring into the neighborhood. The City should impose conditions of approval limiting the scope of the use to what was proposed in the application. 18. Mark Sprando argued that the applicant should have contacted the neighbors to discuss her planned business use of the residence before she purchased the site. 19. The examiner closed the record at the end of the hearing and took the matter under advisement. C. DISCUSSION 1. The hearings officer understands neighbor's objections to commercial activities in a residential neighborhood. However, the Code expressly allows home occupations in residential areas, subject to the limitations of TDC 18.742. 2. The City and the hearings officer have no authority to interpret or enforce CC&Rs that may apply to the site. CC&Rs are private agreements. The City is not a party to the CC&Rs. Therefore, it has no standing to enforce any provisions of the agreement. Neighboring residents, who are parties to the CC&Rs, can enforce the CC&Rs through an action in circuit court. 3. The applicant proposed to provide counseling services in her home. This use is allowed as a home occupation in residential zones. See TDC Table 18.510-1. The applicant's expertise and experience is in providing grief and oncology counseling and Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 7 she proposed to continue that practice with this home occupation. However,the City has no authority to limit the types of counseling services the applicant provides or the types of clients served. 4. The hearings officer finds that the proposed use will not be detrimental or disruptive to neighboring properties and residents. TDC 18.742.060.B(3). The terms detrimental or disruptive must be construed in context. Home occupations are allowed in residential areas. Therefore, some increase in traffic, visitors, and noise is expected and allowed. Impacts that are similar to those generated by residential uses are not detrimental or disruptive unless they are significantly greater than those caused by normal residential uses and activities. a. The impacts of the use proposed in this application are limited to a small increase in vehicular traffic (a maximum 12 additional vehicle trips per day)vehicles parking in the applicant's driveway, and clients walking down the existing stairway in the side yard of the applicant's property and entering the home through the door to the backyard patio. These "impacts" are no different than those generated by normal residential use. The proposed home occupation will merely cause a slight increase in the frequency of such "impacts." The fact that the applicant's clients are generating these impacts, rather than residents of the home, is irrelevant. Any Type II home occupation will attract"strangers"to the neighborhood. Type II home occupations are expressly permitted to attract up to six customers and clients per day. TDC 18.742.050.A(2)(c). Therefore,this "impact" is expressly allowed by the Code. b. The fact that the applicant's clients can see the neighbors' bedroom window, backyard and deck is irrelevant. These areas are visible from the applicant's property regardless of the proposed use. Although the neighbors may object to the idea of non-residents seeing these areas of their property, such impacts are expected and allowed with a home occupation. The applicant proposed to install a six-foot tall sight-obscuring fence on the north boundary of the site to screen views of the neighbors' property from the on-site walkway, which will reduce these impacts to some extent. A condition of approval is warranted to that effect. i. Based on Ms. Kozlowski's testimony, some of the posts for the existing walkway may be located on or over boundary of the site. Therefore, the applicant may need to modify the existing walkway in order to construct the proposed fence on the site. However, it is feasible to do so if necessary. c. The increased traffic from this use will not exceed the capacity of area streets or create a hazard.Neighbors expressed concern that a curve in the road near the site may be hazardous due to excessive traffic speeds. However,there is no evidence of any accidents at this location. Reasonably prudent drivers will observe the posted speed limit and if necessary, further reduce their speed to accommodate sharp curves and other road conditions. Unfortunately not all drivers are prudent enough to observe posted speed Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 8 limits and road conditions. However, there is no evidence that the use proposed in this application will contribute a disproportionate share of imprudent drivers. d. Anyone using the stairway in the applicant's side yard - residents, visitors, or clients - will trigger the applicant's existing motion sensor light. The applicant proposed to aim and shield the light so it does not cast glare onto adjacent properties. With that limitation,the hearings officer finds that outdoor lighting on the site will not be detrimental or disruptive to neighboring properties and residents. A condition of approval is warranted to that effect. 5. The hearings officer finds that the proposed use complies with the size limitations of TDC 18.742.040.D, which limits "the home occupation and associated storage of materials and products...[to no more than] 25%of the combined residence and accessory structure floor area..." a. The applicant proposed to conduct the home occupation within the existing 2,658 square foot residence on the site. The applicant will not utilize any accessory structures as part of the home occupation. Therefore, TDC 18.742.040.D limits the use to a maximum 664.5 square feet of floor area.2 The applicant proposed to utilize 450 square feet, or 17-percent, of the floor area of the residence for the home occupation.3 Therefore,the application complies with TDC 18.742.040.D. b. The hearings officer finds that areas used for vehicle parking and access are not subject to this size limitation. The plain language of the Code exempts vehicle parking from the "home occupation."TDC 18.742.040.D provides, "The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure." However, parking and deliveries are expressly allowed outside of the dwelling unit and accessory structure. See TDC 18.742.040.B, H, and J. Therefore, such vehicle parking is not part of the "home occupation"as that term is used in TDC 18.742.040.D. c. The hearings officer finds that outdoor areas used to access the site are not part of the "home occupation" subject to this size limitation. The Code allows up to three deliveries per week, one non-resident volunteer or employee, and up to six customers or clients per day. TDC 18.742.040.B and TDC 18.742.050.A(2)(b) & (c). Delivery persons, employees, and customers/clients must travel from their vehicles to the area of the residence or accessory structure where the home occupation occurs. These activities cannot take place"[e]ntirely within the dwelling unit and a conforming accessory structure."Therefore, the hearings officer must interpret the Code to find that areas providing access to the home occupation are not part of"The home occupation..." as that term is used in TDC 18.742.040.D and such outdoor access areas are not subject to the area limitations of this section. 2 2,658 square feet x 25%=664.5 square feet. 3 299 square foot office+ 110 square foot waiting room+41 square foot bathroom=450 square feet. Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 9 6. Even if the proposed use will have an adverse impact on property value --- and there is no substantial evidence to that effect in the record --- protection of property value is not relevant to the applicable State or City standards. The hearings officer must base the decision on the laws of the City of Tigard and the State of Oregon. The proposed use will be largely indistinguishable from normal residential activities.No outdoor signage is proposed. The only exterior evidence of the home occupation will be vehicles parked in the applicant's driveway and people walking on the exterior stairway. These activities will be indistinguishable from normal residential uses occurring on the site. 7. The applicant proposed to provide in-home counseling services, by appointment only, three days per week between the hours of 8:00 a.m. and 7:30 p.m. No employees or volunteers are proposed. As discussed at the hearing,the use is limited to what was proposed in the application. However, in order to allay the neighbors' concerns about potential expansion of the use and to facilitate potential enforcement, the hearings officer will include conditions of approval limiting the use to what was proposed by the applicant. Any future expansion or alteration of the use will require additional approval from the City. 8. TDC 18.742.010.A, cited by the appellants, is a purpose statement, not an approval criterion. The goals set out in purpose statements are achieved through compliance with the implementing regulations and approval criteria. The purpose statements themselves are not relevant unless they include specific approval criteria or the implementing regulations that follow are ambiguous, and resort to the purpose statements is necessary to determine the context and meaning of ambiguous terms. See, e.g., Beck v. City of Tillamook, 18 Or LUBA 587 (1990) (Purpose statement stating general objectives only is not an approval criterion). 9. The hearings officer has no jurisdiction to address Mr. Valusek's statement that the City prohibited him from operating a Bed and Breakfast establishment in his residence. The hearings officer's jurisdiction is limited to review of this application to offer counseling services as a home occupation. Presumably the City interpreted the Code to conclude that Bed and Breakfast establishments are a commercial lodging use listed under TDC 18.130.060.D. Commercial lodging is prohibited in all residential zones. See TDC Table 18.510-1. The hearings officer has no authority to reconsider that interpretation in this proceeding. D. CONCLUSIONS Based on the findings adopted and incorporated herein,the hearings officer concludes that the appeal should be denied, because the applicant sustained the burden of proof that the proposed use does or will comply with the applicable approval standards of the Tigard Community Development Code, subject to conditions, and the appellant failed to provide substantial evidence or evidence of equal or greater probative value to the contrary and/or failed to persuade the hearings officer that the application violates the Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 10 applicable approval standards based on such evidence. Therefore, the hearings officer should affirm the director's decision. E. DECISION In recognition of the findings and conclusions contained and incorporated herein, the hearings officer hereby denies the appeal, affirms the decision of the planning director and approves HOP2017-00035 (Hill Home Occupation) subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. The approved home occupation use is for in-home counseling services, by appointment only. 2. The use is limited to a maximum six clients per day,three days per week, between the hours of 8:00 a.m. and 7:30 p.m. 3. With the exception of parking and access, all activities related to the home occupation shall occur within the roughly 450 square feet of office, waiting area, and restroom in the lower floor of the residence on the site. Clients and their parents or companions shall not utilize the outdoor patio or any other area of the site while waiting for their appointments. 4. Non-resident employees and volunteers are prohibited. 5. The street right-of-way shall be free at all times of client vehicles associated with this home occupation. All client parking shall be accommodated on site. 6. The applicant shall install a six-foot high sight-obscuring fence between the north boundary of the site and the on-site walkway, stairway, and patio. 7. All outdoor lighting on the site shall be aimed and shielded to shine downward onto the site and away from adjacent properties. DATED this 22nd day of February 2018 Jo_4c2z r, Esq., AICP City of Tigard Land Use Hearings Officer Hearings Officer Final Order Appeal of HOP2017-00035(Hill Home Occupation) Page 11 City of Tigard TIGARD Memorandum To: Joe Turner,Tigard Hearings Officer From: Lina Smith, Assistant Planner Re: Virginia Hill,LCSW (Home Occupation Permit) Case No. HOP2017-00035 Date: February 5, 2018 I. Key Point and Summary On December 4, 2017, the Director approved a Type II Home Occupation Permit at 12418 SW 131st Avenue. The applicant's proposal is to provide in-home counseling services, three (3) days a week. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m.The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. On December 19,2017,the city received an appeal of the Director's decision from Mrs. Heidi Brown, owner of the property located at 12326 SW 131st Avenue (WCTM 2S104AB,Tax Lot 9300). Outlined below are staff responses to the specific issues raised by Mrs. Brown (hereinafter referred to as "the appellant"). II. Staff's Response to Appeal The appellant's notice of appeal included a detailed statement, focusing on three (3) specific issues. For the first issue, the appellant cites Section 18.742.010.A.1 in Chapter 18.742 Home Occupations of the Tigard Community Development Code (1DC): 18.742.010 Purpose A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small- scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; The appellant states the proposed Type II Home Occupation for in-home counseling services "falls outside" the code section outlined above because the applicant has an established City of Beaverton business license, and also currently practices within the City of Beaverton. The code section the appellant cites is from the purpose section of TDC Chapter 18.742, and is not an approval criterion. The applicable approval criteria for a Type II Home Occupation Permit application is outlined in TDC 18.742.040, TDC 18.742.050.A.2, and 'IDC 18.742.060.B. Accordingly,TDC 18.742.010.A.1 is not relevant in evaluating the approvability of a Type II Home Occupation Permit application. Additionally, in a written statement submitted on November 13, 2017, the applicant indicated that this application is for her private practice,which is separate from her work in the City of Beaverton. For the second issue, the appellant cites TDC 18.742.010.A.2 and TDC 18.742.060.B.3. TDC 18.742.010.A.2 is also from the purpose section of TDC Chapter 18.742, and is not an approval criterion. However,TDC 18.742.060.B.3 is an approval criterion,and includes similar language to TDC 18.742.010.A.2, as outlined below: 18.742.060 Permit Procedures for Type I and Type II Home Occupations B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040 and 18.742.050.B and subject to the following approval criteria: 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. The appellant states, "the business is actually detrimental and disruptive to neighboring properties and residents. The city has not acknowledged the invasion of privacy and negative impact to the livability of the residents located directly north (adjacent) to this property...It is not the business itself, but rather the access to the business that is the immediate problem." Specifically, the appellant takes issue with a stepped walkway located along the north side of the applicant's property. The applicant proposes to have clients utilize this walkway in order to access a daylight basement,where the home occupation will take place; clients would park on the applicant's driveway,then use the walkway to travel along the north side of the property, and finally access the rear of the home, where there is a separate entrance to the daylight basement. The appellant's argument is that utilization of this walkway will have a detrimental and disruptive impact on the adjacent property to the north (12400 SW 131st Avenue;WCTM 2S104AB,Tax Lot 9000), as well as "surrounding neighbors." Staff conducted a site visit to the applicant's property on January 23, 2018, and found that the stepped walkway is visible from the applicant's property and adjacent Tax Lot 9000,but is not visible from other surrounding properties. If an individual was standing on the west side of the applicant's property (for example, on the applicant's driveway), the walkway is concealed from view by the slope of the site (slopes downward to the east, where a significant wetland is located).The walkway is not visible from the adjacent property to the south (12446 SW 131st Avenue; WCTM 2S104AC, Tax Lot 8700), because the walkway is located between two existing single-family homes (the applicant's home, and the home located on Tax Lot 9000), and there are hedges and fencing located along the applicant's southern property line. Finally, there is a significant wetland located directly east of the applicant's property. The walkway is not visible from properties on the other side of the wetland because of the screening provided by the wetland vegetation. As the walkway is only visible from the applicant's property and Tax Lot 9000, staff does not find that the walkway will have an impact on other"surrounding neighbors." Therefore, staff's response to the appellant will focus on the walkway's impact to Tax Lot 9000, and the resident(s) of Tax Lot 9000. The terms "detrimental" and "disruptive" are not defined in the 'IDC. Accordingly, city staff referred to Webster's New College Dictionary (2008) for the definitions of these terms. "Detrimental"is defined as "causing harm or damage."As stated above,the walkway is visible from Tax Lot 9000;it is located between the applicant's home,and the home on Tax Lot 9000. The walkway is fully constructed, and includes stone steps and metal handrails; all of the walkway's components are located on the applicant's property. Accordingly, individuals who utilize the walkway would not come into direct physical contact with Tax Lot 9000, because the walkway and all walkway-related activities (the passage of people from the front of the applicant's property to the back yard or the rear of the applicant's home)will be fully contained within the applicant's property. Therefore, staff finds that the utilization of this walkway is not detrimental, and will not cause harm or damage to Tax Lot 9000. "Disruptive" is defined as "tending to disrupt," and "disrupt" has three definitions,including "to throw into disorder or confusion," "to interrupt or impede the usual course or harmony," or "to break or burst." Staffs response will focus on the second definition of"disrupt": "to interrupt or impede the usual course or harmony." The appellant states that the applicant's proposal to have clients utilize this walkway is disruptive, because the walkway is visible from the front yard, back yard, and elevated deck located on Tax Lot 9000, and that clients utilizing the walkway would also be able to see Tax Lot 9000's front yard, back yard, and elevated deck. Staff conducted a site visit on January 23,2018 to confirm that the walkway is visible from the front yard, back yard, and elevated deck located on Tax Lot 9000, and that an individual utilizing the walkway would also be able to see Tax Lot 9000's front yard, back yard, and elevated deck. However, staff does not find that visibility to and from Tax Lot 9000's front yard creates an interruption or impediment to "the usual course or harmony" of Tax Lot 9000 or its resident(s).There is no reasonable expectation of privacy in the front yard of a residential property,because the front yard is clearly visible to pedestrians and other passersby.Therefore, the sole issue of visibility to and from Tax Lot 9000's front yard is not "disruptive," because this visibility will remain,regardless of whether or not a Type II Home Occupation takes place. In order to address the issue of visibility to and from Tax Lot 9000's back yard, the applicant proposes to install a fence between the two properties (eight feet is the maximum allowable fence height for this location, as outlined in TDC). Staff finds this would provide adequate screening between the walkway and the back yard located on Tax Lot 9000. Staff acknowledges that the proposed fence would not resolve the complaint that the walkway is visible from Tax Lot 9000's elevated deck, or that clients utilizing the walkway would be able to see this deck. However, the deck's location on the second story of the existing home creates built-in visibility between Tax Lot 9000 and the applicant's property. Even if the applicant did not apply for a Type II Home Occupation Permit, and the walkway did not exist, the resident(s)of Tax Lot 9000 would still be able to see the applicant's property while standing on the deck, and correspondingly, people standing on the applicant's property would still be able to see the deck. Therefore, the sole issue of visibility to and from this deck is not an interruption or impediment to "the usual course or harmony" of Tax Lot 9000 or its resident(s), because this visibility will remain, regardless of whether or not a Type II Home Occupation takes place. The appellant also expressed concern about safety due to "strangers" utilizing the walkway. The walkway already exists and is fully constructed; there is nothing preventing the applicant, her personal guests (for example, family and friends), or outside individuals (for example, contractors) from utilizing this walkway,which provides a path of travel from the front of the applicant's property,to the back yard and rear of the home. Therefore, client utilization of this walkway is not an interruption or impediment to "the usual course or harmony" of Tax Lot 9000 or its resident(s); the walkway already exists and can be utilized by the applicant, her personal guests, or outside individuals, regardless of whether or not a Type II Home Occupation takes place. Furthermore, in regards to safety, the applicant submitted a written response on November 13, 2017. In this response, the applicant stated, "I specialize in providing counseling with children and women experiencing grief and loss, cancer diagnosis, and life transitions. My clients are middle to upper middle class and are highly functioning individuals in the community. Over the years in my private practice, I have not had any reason to be concerned about the clients with whom I have worked...I screen clients prior to being accepted into my practice." Additionally, the City of Tigard Police Department reviewed the applicant's proposal for issues related to public safety, and responded with no objections. The appellant states the third issue "is in relation to the lack of restrictions set forth by the City. The City did not provide any level of reassurance for the proposed business criteria to be enforced other than that pertaining to parking accommodations...The City only enforced restrictions to ensure the street right-of-way would remain free of client vehicles. The City did not set any further limitations to secure the livability of the neighborhood." As stated above, the applicable approval criteria for a Type II Home Occupation Permit application is outlined in TDC 18.742.040, TDC 18.742.050.A.2, and 'IDC 18.742.060.B. Accordingly, "the lack of restrictions set forth by the City" is not associated with an applicable approval criterion, and is therefore not relevant in evaluating the approvability of a Type II Home Occupation Permit application. Finally, the appellant noted an error in the December 4, 2017 staff report, under Section III Background Information and Project Description. City staff erroneously described the location of a significant wetland as to the west of the applicant's property, when it is actually located to the east of the applicant's property. III. Conclusion and Recommendation In conclusion, staff recommends the Hearings Officer uphold the staff decision and deny the appeal. Staff also recommends that the Hearings Officer include a condition of approval that a fence be installed prior to the applicant seeing clients at her property,in order to address the issue of visibility to and from the back yard located on Tax Lot 9000. Reference: Webster's New College Dictionary (Third Edition). (2008). Boston, MA: Houghton Mifflin Harcourt Publishing Company. Attachments: Attachment 1: Photographs of Applicant's Property Attachment 2: Written Statement from Applicant's Attorney,Andrew H. Stamp,P.C., dated January 25,2018 Attachment 3: Written Statement from Appellant, dated January 31,2018 Attachment 4: Public Comment from Chris Brown, dated January 31, 2018 Attachment 5: Public Comment from Michael Gismondi,dated February 1,2018 Attachment 6: Public Comment from Dale and Jan Sykes, dated January 29,2018 ATTACHMENT 1 Photographs of Applicant's Property 12418 SW 131st Avenue;WCTM 2S104AB,Tax Lot 8900 r _ a ....-.3. - - - i Fly 1 ' 0 i .. -.-a-- — ■■ . `� e ■!I - a r6 t �r ate' ._ Applicant's property (photographer facing east). Photo taken:January 22, 2018. 4 • J \ .f.. ., ,may 14,-14 ,4+0:1: i ,,;-,...4- ,,_ i, r �'.. a tt' gil 1 - , , ._ 4.1 r ....... fi i .ti:. 12400 SW 131st Avenue (WCTM 2S104AB,Tax Lot 9000) shown on the left side of photo; applicant's property shown on the right side of photo. Photo taken:January 22, 2018. 1.4. ii -- ,, • t '. 41111111%i44.11. . I% " . ';'' zy.,...,:yaio.,..- -.. 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"-2 4 '}` .. .'G/ s 1111W • • -,, " ,A,,,,M.L.c., .iis,...„,„,j!,4,. e its' r----: 111 .4if',..lik 4.. * , , , ,, . _� • 1 ..jmal , 14..' ,:(1•,: 't • ,., • ..s 1_-a,_;ii" _- iri. • ..47.--,--1, � j, r .rs - .M 1a' .-ars _ . ,Ir: Photo taken while standing in applicant's back yard (photographer facing north). Photo taken:January 23, 2018. All photographs taken by Lina Smith, City of Tigard Assistant Planner. ATTACHMENT 2 ANDREW H. STAMP,P.C. ATTORNEY AT LAW Kruse-Mercantile Professional Offices, Suite 16 4248 Galewood St. Lake Oswego, OR 97035 Tele:503.675.4318 Admitted in Oregon. Fax: 503.675.4319 andrewstamp@comcast.net January 25, 2018 VIA EMAIL City of Tigard Hearings Officer C/o: Assistant Planner Lina Smith City of Tigard Community Development Dept. 13125 SW Hall Blvd. Tigard, OR 97223 Re: Virginia Hill—Home Occupation Permit City File:HOP 2017-00035 Our File: 7098.1 Dear Mr. Hearings Officer: This office represents the applicant,Ms. Virginia Hill, LCSW,in her quest to obtain a home occupation permit for her oncology counseling business located at 12418 SW 131' Street,Tigard OR 97223. We write to address some of the opponent testimony that has been submitted into the file to date. Opponent Heidi Brown first asserts that the applicant fails to meet the stated purpose of CDC 18.742.010 (A)(1), which reads as follows: CDC 18.742.010(A)(1)provides as follows: A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small- scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; Opponent Heidi Brown alleges the applicant cannot meet this purpose because she already has established a sustainable business outside her home. (Appeal narrative,page 1). The December 4,2017 "Notice of Type II Decision"never identified this code section as applicable approval criteria. We agree with staff that this is not a mandatory approval criterion. Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 2 This is a descriptive purpose statement, not an approval criterion.Baker v. City of Garibaldi, 49 Or LUBA 437 (2005), Cornell Park Assoc. v. Washington County, 16 Or LUBA 897, 904 (1988) and White v. City of Oregon City, 20 Or LUBA 470, 473-4(1991).1 For example, LUBA stated in Baker: Petitioners argue that the city erred in approving a PUD that fails the purpose section of GZO 10.020 which provides: "The purpose of this article is to provide a more desirable environment through the application of flexible and diversified land development standards following an overall comprehensive site development plan." * * * * * GZO 10.020 is a generally worded expression of the basis and motivation for the PUD ordinance.The PUD regulations are clearly intended to ensure that PUD provide a more desirable environment than what is allowed in the underlying zone. Furthermore,petitioners make no effort to explain why they believe such a purpose statement becomes an approval criterion.The purpose statement does not impose any additional requirements upon the city in approving PUDs. (Emphasis added) Id. at 449-50. We do not see any substantive differences between the code provisions at issue in Baker and the one set forth in CDC 18.742.010(A)(1). The opponent is therefore wrong to argue CDC 18.742.010(A)(1)can legally form a basis for denial,even assuming the City had adopted findings to that effect(which, of course, it didn't). Next, even if this section is considered an approval criterion,the applicant easily meets it. Her private,part-time consulting practice is wholly separate and distinct from her work as a part-time employee of Compass Oncology,the largest independent cancer and hematology medical practice in the Portland area, with four office locations and over 38 physicians and oncologists providing medical oncology, hematology, radiation oncology, gynecologic oncology,pathology, and breast surgery services. The applicant's small-scale,part-time counseling practice is hers and hers alone. She chooses her clients, and determines their course of counseling, in her sole professional judgment. This is completely different from her work as an employee of Compass Oncology. The applicant's I See also Standard Insurance Co. v. Washington County, 16 Or LUBA 30,34(1987)(descriptions of characteristics of a zoning district are not approval standards);Bennett v. City of Dallas, 17 Or LUBA 450,456,affd 96 Or App 645(1989);Stotter v. City of Eugene, 18 Or LUBA 135, 157(1989); Beck v. City of Tillamook,20 Or LUBA 178, 185-86(1990),affd 105 Or App 276, 812 P2d 16(1991),rev'd on other grounds 313 Or 148,831 P2d 674(1992); Tylka v. Clackamas County,22 Or LUBA 166, 173(1991);Neuharth v. City of Salem,25 Or LUBA 267,278 (1993);Ellison v. Clackamas County,28 Or LUBA 521,525(1995); Sparks v. Tillamook County,30 Or LUBA 325 (1996); Rouse v. Tillamook County,34 Or LUBA 530(1998);Holland v. City of Cannon Beach,35 Or LUBA 482 (1999);Bauer v. City of Portland,47 Or LUBA 459(2004); Oregon Shores Conservation Coalition v. Coos County, 49 Or LUBA 1 (2005); Burlison v.Marion County,52 Or LUBA 216(2006); Grant v. City of Depoe Bay,53 Or LUBA 214(2007). Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 3 small-scale, selective counseling practice could not be sustained if she was forced to rent suitable commercial space on the limited income she earns seeing 18 clients per week. (See Applicant's November 13, 2017 letter, incorporated into the December 4, 2017 "Notice of Type II Decision"as Attachment 1). Next, the opponents turn to CDC 18.742.010(A)(2),which states: A. It is the purpose of this chapter to: 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. This passage is also merely a purposes statement,but it is implemented by an approval standard, CDC 18.742.060(B)(3),which reads as follows: 3. Is undertaken in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. Opponents Heidi Brown,Michael Gismondi, and others allege the applicant's operation of a counseling service would be detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. Their concerns mainly focus on three issues: traffic,parking, and privacy. We address these issues in turn below. As with most approval standards,TCDC 18.742.060(B)(3)has a geographic component: "neighboring properties and residents." For purposes of analyzing traffic impacts, we define the phase as including all of the properties that take access from 131st Street. For purposes of evaluating privacy concerns and parking concerns, we consider the two abutting properties(i.e. 12401 SW 131' Street and 12499 SW 12499 131' Street)as well as the home across the street,which is located at 13116 SW Benish Street. Next,this criterion requires the city to interpret the meaning of the following terms: "detrimental,""disruptive," "appearance," and"operation,"As these terms are not defined in the Tigard Community Development Code,we must look elsewhere for definitions. According to Webster's Third New World Dictionary(Unabridged(1961), the term "detriment"means"to wear out, impair;"and"injure or damage or something that causes it." See also Merriam Webster Online Dictionary, 2017 edition. ("obviously harmful or damaging," such as "the detrimental effects of street crime"). According to Webster's Third New World Dictionary(Unabridged (1961), the term "disruptive"means"to break apart: rupture," "to throw into disorder(as in"demonstrators tried to disrupt the meeting")"or"to interrupt to the extent of stopping,preventing normal continuance of, or destroying"See also Merriam Webster Online Dictionary, 2017 edition. ("seriously interrupt the normal operation of.") Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 4 According to Webster's Third New World Dictionary(Unabridged (1961),the term "appearance" is defined as"externally visible"or"outward indication." See also Merriam Webster Online Dictionary, 2017 edition. (same). According to Webster's Third New World Dictionary(Unabridged (1961), the term "operation"means"the method or manner of functioning."See also Merriam Webster Online Dictionary, 2017 edition. (same). Using these definitions,we see that the gravamen of the standard is to ensure that the home occupation will not injure or damage neighboring properties or residents,either via the presentation of an unsightly outward appearance or via any operational characteristics of the business. We explore the operational characteristics of the business to see what negative impacts it could have on neighboring properties and residents. To recap what is stated in the application and record,the applicant's proposed use is a counseling service primarily for those afflicted with cancer as well as the friends and family of cancer victims. Some clients may be suffering from grief and loss issues caused by the passing of family. The applicant's clients are primary women and children. She will see no more than six clients in any given day, and here practice will be open three days a week: generally Wednesday, Thursday, and Saturday. The applicant shall see no more than 18 clients in any given week,between the hours of 8 am and 7:30 pm. All activities except arrival and departure shall be conducted indoors, in a portion of applicant's own home specifically set aside for this counseling purpose. Here,the operation of the applicant's home business will consist of a client arriving,parking in her driveway, walking into her house, staying for an hour or so, and then leaving. All counseling and interactions will be conducted indoors. The applicant will provide off-street parking for her clients in her driveway. Two parking spaces are all that is needed for this home occupation,and the driveway is large enough to accommodate two vehicles. Prior to arrival, clients will be instructed to park in the driveway. A photo of the front façade of the applicant house will be provided to the client in advance of their first meeting, so as to minimize the chance of the client going to the wrong house. Clients will be instructed to travel by foot around the left of the house (i.e. the north side of the dwelling)and access the dwelling from the back porch. Given this arrangement, it is hard to imagine how such a low-key counseling service could be described as "damaging" or"injurious"to the neighborhood by any rational person. Any resident with an active social life and frequent guests is far more"detrimental"to the neighborhood that the private counseling service the applicant is proposed. In this regard,the applicant(and any other resident of the neighborhood could host parties or religious events in which more than 18 guests could be invited to the property). Such activity would have far greater impact on neighbors than if the invitees arrive one at a time over a three-day period. Again, in this application, all the applicant wishes to do is run a quiet, unobtrusive three-day- a-week counseling service out of her own home, primarily for women and children effected by cancer. No-one could seriously argue that such a service will throw the neighborhood into disorder, break it apart,or seriously interrupt the normal operation of the neighborhood. It is unlikely the neighbors would even notice any counseling was even occurring in their neighborhood. With a Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 5 maximum of 18 clients per week, if we assume 60 minutes per counseling session,the applicant will only have a client present in her home less than 9.3%of the time.The other 90.7%of the time,the applicant will live in her house, using it solely as a residence,just as she does now. Several opponents raised safety concerns about the applicant's clientele, stating things like"I do not think it is a good decision to intentionally bring people to our neighborhood who could potentially bring harm to those of us who live here," specifically mentioning"pedophiles, drug addicts, cancer patients, families, children/adults with behavior disorders, sex addicts, etc. The list of potential dangers goes on." (See Shannon Duffy opposition email dated October 12, 2017). However,the applicant does not offer counseling for pedophilia, drug addiction, or other dangerous and criminal behaviors. Her clients are overwhelming middle and upper-class women and children. (See Applicant's November 13, 2017 letter, incorporated into the December 4, 2017 "Notice of Type II Decision"as Attachment 1). In fact,the Tigard Police Department had the opportunity to review the land use application and stated they had no concerns or objections. "Notice of Type II Decision" page 3. In this case,there will be no signs or on-site advertising, or any other indication of a business presence. The only"outward indication"that the applicant has a client in her home will be the client's car parked in her driveway. In a neighborhood of around sixty homes, with close to a hundred private vehicles, it is hard to see how one additional vehicle sitting in a private driveway for an hour could seriously interrupt the normal operation of traffic, or parking, in the neighborhood. More specifically, regarding traffic, a local Tigard street such as SW 131St Avenue is designed to safely and efficiently accommodate 1000 trips per day. If the applicant sees six clients in a day(the maximum allowed),that adds less than 1%to the current traffic load on her busiest days. Such a miniscule traffic increase is infinitesimal and shall be undetectable to the neighboring residents as far as the carrying functionality of the street is concerned. Some of the neighbors have expressed concerns over a loss of privacy. For example,the neighbor living directly to the north,Michael Gismondi, expressed concerns that the applicant's clients will "completely destroy"his privacy as they walk by the property line abutting his house (Gismondi email dated October 12,2017). He implies these clients are dangerous people, as they "will be seeking treatment for crisis and mental imbalance."Id. Mr. Gismondi does not explain why strangers walking on a neighboring property owner's side yard will damage his privacy any more than, say,his neighbors having a barbecue on their rear deck with whatever number of guests that she might chose to invite. The neighbors simply do not have a reasonable expectation of privacy that involves being not exposed to the sight of strangers on adjacent properties. Furthermore,TCDC 18.742.060(B)(3) is intended to examine detrimental or disruptive effects on neighboring properties and residents in general,not on each neighbor by name. Unusually sensitive or private persons are not the standard; a"reasonable"neighbor is. Compare Erickson v. City of Portland, 9 Or App 256, 496 P2d 726 (1972) (Variance cannot be granted based on reasons that are personal to the applicant,as opposed to the land in question). Unless one lives deep underground or behind ten-foot walls, urban living requires some compromise of one's privacy. Thus,we must ask the question: what is a reasonable expectation of privacy in a neighborhood such as this? All of the homes in the immediate area are two-story, which reduces one's privacy, as Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 6 neighbors in the upper windows can gaze into the backyards(and upstairs windows) of others. Neighbors are free to invite guests over, for backyard eating and socializing.Neighbors down the street are free to keep powerful telescopes and binoculars handy, for nosy and voyeuristic purposes. The opponents offer no arguments or evidence to explain why the piercing eyes of clients are so much more injurious to their privacy than neighbors, or those neighbors' guests and relatives. Given these realities, it is difficult to understand how a few women and children walking by Mr. Gismondi's property line will "completely destroy"his privacy. If that is so much of a concern, he is always free to plant a hedge, install fencing, or otherwise erect visual barriers to prevent these prying eyes from gazing deeply into his domain. Having said that,the applicant will install a fence at or just inside of the common boundary line to the property to the north. This fence will run to the east until it meets an existing hedge line. This fence will provide a visual buffer which will help ensure the privacy of the neighbor to the north. Opponent Heidi Brown's"third issue for appeal is in relation to the lack of restrictions set forth by the City,"referring to rules about parking, outdoor signage,hours of operation, etc. (Appeal narrative page 3). Ms. Brown appears distressed that the City did not impose additional restrictions of the proposed home occupation in its approval letter. A closer reading of that letter will show that the city did indeed consider these issues. In Section V, entitled"Applicable Review Criteria and Findings,"the City correctly found that these issues are addressed by TCDC 18.742.040 sections A through J,and the applicant met all those criteria. See"Notice of Type II Decision,"pages 3 through 5. There was no reason for the City to specifically restrict or ban actions which are already proscribed by the terms of the Code. For the reasons set forth above,the applicant believes that the opponents appeal is without merit and respectfully requests that the Hearings Officer APPROVE the home occupation with reasonable conditions. Sincerely, ANDREW H.STAMP,P.C. /S/ Andrew H. Stamp AHS:ahs ATTACHMENT 3 January 31, 2018 To: City of Tigard Hearings Officer C/o Assistant Planner Lina Smith City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Re:Case ID Number HOP2017-00035; Written testimony on Appeal of Type II Home Occupation Applicant:Virginia Hill, LCSW Addresss:at 12418 SW 131st Avenue,Tigard, OR 97223 Dear Mr. Hearings Officer: I, Heidi Brown, am the Appellant in this case and also a Home Owner, Resident, Neighbor& Parent in the neighborhood impacted by the permitting of this Counseling Business as a Type II Home Occupation. I have a lot to say about the proposed business in relation to the code and the impacts on residents/neighbors. I am surprised (but not totally)by the applicant's attorney's desire to present me and other neighbors as"irrational"and "unreasonable" in our statements and expectations. I will tell it to you simple and straight: I'm a Neighbor,a Home Owner,a Long time Resident and a Parent. I have concerns.They are real. I am trying my best to relate them to the City codes,this is a new venue for me, and it is challenging/difficult. I am not trying to be anything that I am not,and I am not trying to misconstrue information. In fact, it is quite the opposite. I am trying to make sure all the information is presented forth right so the City can make an informed decision that is sound and in line with the codes. I am trying very hard to understand;to ask questions and to give my input as a resident which is what the City requests to support Individual involvement in Landuse Planning Decisions. I understand there are Codes on Home Occupation,Chapter 18.742.The codes are the structure that provides rights to those seeking to have a Home Occupation (the applicant)and they are to protect residential livability(for those of us just wanting to live in our homes/neighborhoods and provide a safe, comfortable place to raise our families). It is true, many of us neighbors feel a residential neighborhood is not the place for a Type II Home Occupation drawing in clients. We are especially speculative of a counseling business. In the beginning we were not clear on the type of counseling. It was never specified. We wrote letters, we expressed concerns and we got some answers. "Oncology; Women& Children,3-4 days a week, 2 client cars to be parked in the driveway.Sure,the Applicants Attorney presents Oncology and women&children as seemingly harmless. But we still have concerns. Type of Counseling under the Licensed Clinical Social Worker classification is not limited by City Code or City Business License so counseling"focus" is left open ended when it comes to the code. This Home Occupation is only referrd to as "Counseling Services" (I will come back to this later). There is a "Gap" between what is proposed and what is allowed. What is proprosed is the Applicant's"Intent"and what is allowed is the"General Approval Criteria&Standards(18.742.040 A-J) and they are different. The Applicant is only required to be accountable to the latter(the code). As humans we know things do not always go a intended. Things change,but as long as the changes are within the code limits the Applicant is operating in compliance. This means, more days, later hours, an additional employee,a sign,those are all fair game. For the residents it changes the impacts; it changes the numbers; it is more intrusive. 18 clients could be 42 a week if she wants to work 7 days. But it is allowed. We would have no recourse. How can this be? The numbers can increase even more if she counsels all children because that requires an adult be present for every child;the numbers double. 1 This is what I mean when I say there are not enough restrictions to maintain our neighborhood livability.And I still cannot put my hands on the definition of"Client" is it number of people? No, Because in the case of a child there are 2 people but"1 client".What if she is dealing with a family that has 2 children needing counseling?Are they scheduled in separate 1 hr sessions?Therefore 2 clients or are they seen together and consider one "family"client. Why is this so important?Well because the number of people present create impacts on the Neighbors/Residents. And this would be the red flag that there is a problem You see, according to the code Section 18.742.060(B)(3) A Type II home occupation permit has an approval criteria that states the Type II Home Occupation is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. This is a "high level concern"and primary reason for my appeal. It is my impression that this whole permitting process takes place through and exchange of paperwork but not a required site visit. I recognize I could be wrong and apologize if that is the case. However,there are some very apparent elements that have an impact on Neighbors/Residents and they all point to the "Access" and foot-traffic created when clients are to access the basement of the residence.This activity of the business operation is what is detrimental and disruptive specifically to the residents at the property adjacent to the North where the Applicant has installed her new path. Let me draw your attention to the issues,then we can define detrimental&disruptive. Here is what the activity looks like: 1-The client arrives&parks in the driveway 2-The client exits car 3-Client descends outside stairway at Northside of house. 4-The client is walking within 5ft of the Northerly Resident's bedroom window. 5-The client walks across the patio 6-The Client opens the slider and enters the business. Here is what it sounds like: 1-"Boom"or"Boom, Boom" if it's a child client and car doors are being closed 2-The noise triggers the Northerly neighbor dog: "Yap,yap,yap,yap,yap" 3-"Clop,clop"go the feet or in the case of children:"jump,jump" 4-There is talking; "Come on Mom, let's go", "Man that dogs not Happy" 5-The mere presence of of people coupled with the sounds creates an interruption to the Activites of Residents to the North who are utilizing there outdoor living space on the deck or patio. There is loss of privacy and interruption to activities. 6-If it is dark;the motion flood light clicks on&shines to the Northerly Resident's bedroom window. There is distraction, interruption&loss of sleep and privacy; it is detrimental 7-The Lights at the patio&slider turn on, more light glare, more disruption *Wait 45 minutes and repeat, as the 2nd client arrives;then 15 minutes after that play it in reverse as the 1st client leaves. **Repeat 6 times a day, minimum (intent) 3 days a week, maximum (code allowance)7 days a week. This is a PROBLEM! And given we are dealing with people, I know a person can suggest and even demand others be quiet but the fact is you can't make them. One need look no further than their own children to realize this. I stand by my claim that the proposed Business does not meet Code Criteria of section 18.742(B)(3)with regard to being"detrimental" or"disruptive" in terms of"operation"to neighboring properties and residents. 2 Now, let's look at those definitions: Since the terms are not defined,the code refers interpretation to the dictionary definition.So I pulled out my dictionary,WEBSTER'S II New Riverside Dictionary(see attached for full definition) here is the reference I see as applicable ."detriment" means"2.Something that causes damage,injury or loss"; "disrupt" means"2.to break up: interrupt" these concur with the The Merriam-Webster Legal Dictionary definition of "detriment"and the standard Merriam-Webster Dictionary definition of "disrupt"as referenced online 2018(Also see attached) If the activities the Resident to the North is taking part in while utilizing there outdoor living space are being interrupted then the actions of the Client proceeding to the business are"disruptive".Same thing goes if the Resident to the North is taking part in activites while in their bedroom/house and are being interrupted by the Client. Examples: Northerly resident is reading book on deck in sun. Presence of people & noise cause interruption to their focus. Cause them to stop what they are doing and look up,that's"interruption". Northerly resident is entertaining guest on deck, barbequeing,eating, engaged in social conversation. Clients proceding down walkway create a disturbance,trigger additional lights and cause a stop in conversation,that's an "interruption" and it is disruptive to the residents and their guests. Northerly resident is resting in bed and the motion flood light triggers sending glare even through the curtain causing a loss of sleep that is"detrimental" The ongoing disruptions on an hourly basis have a "detrimental"effect because they lead to a loss of privacy. Is this rational and realistic thinking? The answer is"Absolutely!"The Applicant's Attorney presents the idea that the applicant or any other resident of the neighborhood could host parties or religious events in which more than 18 guests could be invited to the property and such activity would have far greater impact on neighbors than if the invitees arrive one at a time over a three-day period. I disagree. It's like this. We bought our houses as residential dwellings we understand people have parties.That is part of living in your house. A party doesn't last all day.Typically a large portion of guests arrive close to each other in time and all wrap things up by a certain time. Even if that were not the case, parties don't usually happen 3 days a week; week after week. The disruptions created by clients accessing the business happen on an hourly basis,6 times a day they arrive&6 times a day they depart, minimum (intent) 3 days a week, maximum(code allowance)7 days a week. It is scheduled. It is routine. It is for the life of the business.This is not something a fence is going to fix. I am smart enough to realize that even if the Northerly neighbors are not out there every hour they are still impacted because every time that car door slams on arrival and departure the dog is going to be triggered to bark,even more so with the cars being in the driveway closer to the Northerly residence. I try to be realistic to understand that Residents have guests,who drive cars and make noise &trigger dog barking. But I don't know anyone who has guests every hour for a 6 hour period,arriving&departing daily.And again, I will say these are not guests,they are "Clients"their presence is driven soley by the business&their need for a service.They are scheduled. Their faces are everchanging.They are strangers.We are impacted by their presence for the life of the business. 3 At least when a neighbor has friends and family over you occasionaly get the chance to meet them,there are introductions,they become familiar and in some cases relationships are built between you. In the scenario of the business,the clients are just"added foot traffic",a disruption;from a neighbor perspective there is nothing to gain and a lot to lose. They are"Clients"and they want their privacy too...they will always be"clients" (this is not to discount the fact that they are people but to note the fact that they do not have a vested interest in the neighborhood, and they are not the equivalent of"house guests",they enter through a backdoor,they have a uniqe classification. The more I write about this,the more apparent it becomes that the business really doesn't belong in the neighborhood. While Virginia (the Applicant) sees a personal benefit, it's a detriment to the neighbors. The ironic part is that all the impacts created by the clients,through this part of the business operation are not even being felt by the Applicant. No, not felt by her at all because she is in her basement providing a service. Running a business.Shielded from the disruption and detriment. If she hypothetically placed herself on the other side of the property line, in the shoes of the neighbor,she might get it. You see we are Residents just trying to reside. That's what we bought our houses for. We don't have a business interest, never realized we'd be facing this problem. Virginia bought her house to promote her business plan. She began by making changes. And though she claims that she will be spending most her time being a resident,she has not made the initial investment to be a neighbor. She has been so self-absorbed in trying to get this business in place she doesn't know how great we are as people.She doesn't understand how we are just trying to protect the livability we have been accustomed to. She has not taken the time to build a relationship with us. She has explained that she works for Compass Oncology and in additon to that has her private practice. She says she's been doing this privately for 9 years.She has been doing it 3 days a week, 10- 16 clients a week. Why can't she just keep doing what she's been doing, where she's been doing it and not impact the neighbors? Fact is,with her Home Occupancy and the allowance of 7 days a week she could just make it a full time business here at her home. She can play her one employee card allowed by code and she can expand her endeavors. On this note I'd like to revisit the parking. If she has two.clients utilizing the drive way and adds an employee which would park in the street and the other household members(son,daughter,whomever) have to park in the street because the driveway is filled with clients what is that measurable amount of residential parking per household? I just want to check on this and gain the knowledge. I am really stuck on understanding why the city does not plan for the allowable and if they are,then look at impacts from the allowable measures to assure that requirements are still being met should the applicant alter her intentions to maximum allowable standards. I noticed also that Mr.Stamp,the attorney for the applicant references the business as providing counseling service,primarily for women and children effected by cancer. So something is not definitive. Either it is gender or it is type of problem, meaning clients are effected by something other than cancer. What is it?Things are not seeming to be as above-board and transparent as the Applicant has implied. It is becoming a fly under the radar and push through this business request operation. It has already changed from 3-4 days to 3 days to the reality that intent doesn't matter the code allows for the gamut. And there is concern over whether counseling will remain oncology or if her LCSW credentials allow for something else.(That would be a state licensing clarification) And it matters why? Because counseling is a mental health service that deals with emotions and self-control,coping and volatility;these vary with the type of problems being experienced,and the length of time the problem is experienced. Everyone has different thresholds. Grief,depression and anxiety can also be all encompassing and control one's responses and people lash out and lose control and it's not the kind of thing people want to draw toward their residence,their neighborhood or their Children. And even 4 though Virginia states her clients are Middle to Upper Middle Class, highly functioning individuals in the community,that doesn't really matter because even people of this caliber act out. We are gaurded based on events in society.Things like people snapping and going on killing sprees, people becoming abusive and assaulting others, people acting out who had no apparent, prior signs of a problem. People are people. They are complex and sometimes they simply reach their limits. It happens and we really don't want the risk, but I don't have a specific code for preventative protection. During the holidays you hear of increase in porch package thefts,and I say, I don't want to invite additional strangers'eyes to my neighborhood. This month there was an alleged attempted kidnapping by Marywoodward Elementary not far from here,and I say, I don't want extra strangers'eyes on my kids. When I reflect on the neighbor having things stolen from his garage, I say I don't want extra eyes on my assets. It's about exposure,and levels of safety.We are protective. Why? Because we are human. The relationship between a Client and Counselor is"Professional" not"Personal". And while Virginia claims to know her clients very well, she only knows them as much as they have been willing to devulge information to her. It is very similar to the City's position in the application process,You only know as much as has been presented to you. So when you tell me the Police and Fire have signed off on the process with no concern, I question was it apparent that the clients were walking down a path, between houses, in the dark of night, past a bedroom window? Did the City even realize this?Was it apparent? Or was it stated but no real attention drawn to it because no one mentioned bedrooms, windows or lighting? Please check into the lighting on all 3 fixtures used for the business and the impacts of the path. Double check with the police too and have them make a site visit to give a real evaluation on what they think about People, Darkness, Between Houses, Daily and Bedroom Windows. I just really want some checks and balances. Each Direct Code, and Ancillary Code that is affected by Home Occupation should be checked for sake of both parties(Applicant&Residents). One last thing, I want for all parties to understand the site information specific to the properties of the Applicant's Address of 12418 SW 131st Ave and the Resident Address Adjacent to the North which is 12400 SW 131st Ave. Please refer to page 4(four)of the Notice of Appeal letter which is attached to Land Use Decision Appeal Filing Form submitted on 12/19/2017. I want due attention given to the fact that a Wetland is located adjacent to these properties to the EAST. The Wetland is a positive contributor to the outdoor livability of those properties that are adjoined. It is a buffer between backdoor neighbors. Here, you do not have the 2 story houses behind you peering directly down into your backyard because they are located a significant distance across the wetland. For the same reasons,one does not have face to face interaction from your kitchen window to the neighbor's kitchen so you can watch each other do dishes. It is not like newly built residential developments of R-25 medium high-density zoning. The Wetland is a window to nature. It gives all the color changes of the trees, blooming of flowers,and provides a habitat to many animals(deer, racoon,skunk, squirrels, rabbits, birds of many kinds including Bald Eagle, Owls, hummingbirds,frogs, butterflies and the list goes on. Many of these critters make their way into our backyards, up our sideyards and the deer can be seen wandering down 131st. A tribute to the fact that we have little traffic in the neighborhood. These 12 vehicle trips will also impact the deer in our roadways. They prefer no cars. Cars cause them harm.The Wetland creates a peacefulness and connection with nature for those enjoying their outdoor living areas. It provides unity with nature as you enjoy breakfast on your back deck. As the Urban Land Steward, Megan Garvy noted in an informational letter to neighbors(Oct 2017), "The wetland is a hidden natural gem in the neighborhood." And the great thing is we residents are privileged because we have a front row seat from the comfort of our backyard living space. It creates a peaceful,tranquil, natural environment.The Wetland increases the privacy in our backyard living space. It is part of the 5 reason we purchased our houses. It is part of what makes our Neighborhood unique and special and more livable. And this business,with the aformentioned access issues take away from that privacy& disrupts the tranquility. My expectations are not unreasonable. The Applicant's Attorney just is not as knowledgeable because he doesn't live here. I do live here. I know,and I speak from experience. The City of Tigard Comprehensive Plan even acknowledges in the Housing Section page 10-1, "When it comes to housing,one size does not fit all. Each person seeking a new place to call home must find a suitable match between price, location, housing type,and lifestyle,which can be a daunting task." The Residents here have done their searching to find their preferrable homes to reside. I also know that when you buy a house you can improve a lot of things(i.e.-countertops, paint color, landscape etc) however the one thing you cannot change is the location. By approving this business the City is changing the environment around us. Residents get constant foot traffic,disruption and loss of privacy. Our standard of living will decrease from that which we know.Also,while adding 12 car trips a day through the neighborhood on a street that has a capacity for 1,000 and only currently is projected for 300 hundred is"infinitesimal" as referenced by the applicant's attorney; while true in terms of capacity, when you are a kid playing basketball and are bearing the personal impacts of the cars driving through your game;those are real impacts. But that's not something measurable by city code. Believe me I "get it". I recommend that Virginia put herself in the position of the neighbors and "try this on for size"to see how it feels from a Resident's perspective. As the given proposed business stands, I do not support what is not right. Not a single Resident should be detrimentally impacted by the operation of the the business, not for 1 day, not even for one instance,and certainly not for the life of the business. I hereby request that the Hearings officer Rejects the Home Occupation. Sincerely, •Heidi Brown 12326 SW 131st Ave Tigard,OR 97223 6 .., Office Edition A new dictionary prepared I a(( ()I cling to the'principles of Noah Wehster wEBsTERs II w , . , . , , . , • , .... - , , „_...(fi TODAY'S MOST ' UP-TO-DATE - , DICTIONARY! / Over 55,000 precre definitioli,, , including many new words (4,:' Style and usage t;trido,;tor school and ImHni—, ,t.' Up-to-date biographk and geographic 6ntriesR Latest computer and science terms r', ; , / ri/• I ascindting word histories i i , 1 Especially abridged from the Universit4dition _ TABLE OF CONTENTS Preface Abbreviations and Symbols in this Dictionary vi Pronunciation Key viiiA New Dictionary of American English A—Z 1-805 Foreign Words and Phrases A Concise Guide to Style and Usage 806 g 12-824 Style Guide Cliches 812 Redundant Expressions 8 Based on the hardcover first edition of WEBSTER'S II 8222 2 NEW RIVERSIDE UNIVERSITY DICTIONARY Copyright© 1984 by Houghton Mifflin Company WEBSTER'S II NEW RIVERSIDE DICTIONARY A Berkley Book/published by arrangement with Houghton Mifflin Company PRINTING HISTORY Houghton Mifflin edition/August 1984 Berkley edition/August 1984 All rights reserved. • Copyright© 1984 by Houghton Mifflin Company. This book may not be reproduced in whole or in part, • by mimeograph or any other means,without permission. For information address:Houghton Mifflin Company, One Beacon Street,Boston,MA 02108. ISBN:0-425-10267-X A BERKLEY BOOK TM 757,375 Betide} Books are published by The Berkley Publishing Group, 200 Madison Avenue,New York,NY 10016. r ;: The name"BERKLEY"and the"B"logo are trademarks belonging to Berkley Publishing Corporation. PRINTED IN THE UNITED STATES OF AMERICA R • 20 19 18 17 16 15 14 13 12 11 10 Pt' is détente 0 devious 194 195 devise 0 diamond • dd•tente(da-taNt',-tint')n. A relaxation deuces(d6bs,dy60s)a L A playing card from a direct or straight course. 2.Straying and excessive discharge of urine. -di'a• or reduction of tension,as between nations. or side of a die with 2 figures or spots. 2.A z., from a proper way:erring. 3.Not straight- bet'ic(-batik)adj.Sr.a de•ten•tion(di:-tin'ahan)n. L The act of tie in which each side has 40 points. forward:shifty. -de'virous-ness n. dig•bol•is (di'a-bbl'`ilt) also di•a•boli• detaining or state of being detained. 2.A deuce* (dbbs, dySos) n. The devil.- `; de vise(di•viz' v.-vised,•vis' 1.To cal (4-kal) adj. Exceedingly wicked _ period of temporary custody thatprecedes Used as a mild oath. 4� m8 Po form or arrange mentaIly:canaive. 2.law. fiendish. ..di'a•bol'Y•cally adv. disposition by a court. 3.A forced delay. dens ex ma•clri nn. (d3'as els mi'- To give or transmit(real property)by will. di oe tit•is(dra-krit'ik)a A mark,as a de ter(di-tflfj v.-tensed,-tee-rring. To lea nn.,-ria',mi<k's nn.)a A character,de- " -n.Law. L The act of giving or transmit• circumflex,added to a letter to indicate a discourage or prevent from acting,as by in- vice,or event suddenly introduced into a if._ ring real property by will. 2.A will or special phonetic value or to distinguish cimidation. -de•ter'ment a literary work to resolve a difficulty. '',''',; clause in a will that devises real property. words otherwise graphically identical. k deter-gente (dl-tt0r"jant)a Any of var- dew-tem zi-a (dao•uri•am,Oro-)n. Ande-vi-tal. (dg-vqti.I')v To reduce or -di'a•crit'i-cal,di'a•crit'ic adj. sous usu.synthetic cleaning agents that are isotope of hydrogen that contains 1 more destroy the vitality of. diadem (dradem')n. A headband or chemically different from soap. neutron in its nucleus than hydrogen does. �' devoid(di-void')adj. Utterly lacking. crown worn esp.as an emblem of royalty. de-te-ri•o•rate (di-tlt'e•a-tit')v.-raved, Deu-teron-o-niy (deo'ta-ron'a-mi, devosx (day-wit, de',war) n. L often di•acre•als(di-Eel-as)n.vat.of DEERE-51S. rat•ing To worsen t degenerate. dyab'-)a -See BIBLE toile. devoixs.An act or expression of respect or di'ag'nosis (drag-ni'sIs) a, pl. saes tde-terms•nant (drtf0r'ma-none) a. deutsche mark(doi'cha mark')a courtesy civility. 2.Responsibility or duty. (-Mt)• L Identification,as of a disease,by J.. Something that influences or determines. See CURRENCY table, devolve(dI-volv')v.-volved,-volvi�_ analysis and examination. L The result of de-terms nate(df-alYma-nit)adj. Con- deval•a-ate (de-vii ySb•at') v. -at•ed, To hand down or delegate.-vto another. diagnosis. -drag-noseidov. -dr - elusively. -at-Mg. L To lessen or annul the value of. de-vote(di-vot)v.-voted,-voting. L tic(-nbs'tIk)adj. -di'ag-nos•ti'ciaa a de•ter-mine (dT-tdr'mSn) v. -mixed, 2.To lower the exchange value of(cur- To give or apply(one's time,attention,or di•ag-o- (di-ig'a-nal) adj. 1. Math. mining. 1.To decide or settle authorita- rency) by lowering its gold'equivalency. self)completely_ 2.To consecrate:hallow. )Dining 2 opposite corners of a pot}ion that lively or conclusively. Z To limit in scope --dc-vai u a'tion a 3.To set aside for a special use<money are not adjacent 2.Slanting. -n. A diag- or extent s fix the limits of. 3.To be the de-val-tae(di-varyv. To devaluate. devoted to research> anal plane or line. -di•ag'o•nal•ly ads'. determinant of:regtilate<l�Ieed will deter- devas-tate(div'a se3e')v.-tat-ed,-tar devot-ed (dt-v8'etd)adj. 1.Showing ar- di a•grann(dra-grim')is. A plan,sketch, mine expenditures. a To reach a deci- ing. 1.To demoy:ruin. 2.To overwhelmdent attachment or loyalty. s Affection- drawing, or outline designed to explain, Sion,as after consideration or calculation. •overpower. -dev'as-ta'tion a • ate. -de-vot'ed•ly adv. demonstrate, or clarify the relationship S.To ascertain the extent,position,quality, de-vel-op(dt•v€1'ap)v. 1.To realize the ' dev-o-tee(dh'a•te'.43')a A zealous en- among parts of a whole or to illustrate how or nature of something.Cayna:BOUND,DE- possibilities of. 2.To grow,unfold,or ex- thusiase or supporter something works. -di'a-gram v. -di'a• • • LIMIT, DEMARCATE, LlMrr -depond gradually. 3.To make more available E,`' de-vo•tion (di-va'shan)a L Ardent at- gmm'm*t is (-gra-mlt'ik), di'agram' na ble adf. --de-tet'mi-na-bly adv. or effective. 4.To elaborate or enlarge. S. maxi-cal adj. -di'a-xrara-mat'i cal ly �.� tachment or loyalty. 2.Religious zeal s pi- --de ter mi na'titm a To acquire gradually. 6.To process(a phi- en. 3. often devotions. An act of adv • deter-mined(di-nfr.'rnlnd)adj. L Firms tosensitive material) to make the latent er dial(Vol)a L A graduated,usu.circular si'�: religious observance,esp.private prayer. resolute. 2. Decided or resolved. -de- visible. 7.To progress from earlier to n.'9:' face on which a measurement,as speed,is a- image � devour(di-vouY)v. L To eat up raven- ter'mined•ly adv. later stages of maturation. -dryer op-et ` ?`'`y oil 2 To destroy or waste.3 To rake in indicated by a moving pointer. 2 a-A ro- deterrent (di•rilr'ant, -tilt'-) n. Some- a -de-vel'op-meat n. -de-vel'op .,,,, : tatable disk with numbers and letters that thingthat deters. -aadj. Servingto deter. mental ad'. enthusiastically<oevour a spy novel] 4., electronicallyy establishes a connection with j To engulf. -de•vou�er a • -de•tez'renea a de•vi•aut(de'veant)adj. Deviating from the number to which a telephone call is • devout (di•vout')adj. 1.Extremely re$--• de:-test(dl•tist')v. To dislike strongly: a norm,esp. from an accepted standard i made. b.The control that selects the sta pious:pious. 2 Displaying piety or rover tion to which a radio or television receiver abhor. -deters a ble adj. --drteaCa• --deviance n. -dc"vi ant a once. 3. Showing sincerity s earnest. • bly adv. -de'tes-sa'tion a devf-ate(dt've-it')v.-at•ed,-at-ing.Ti -do.vont' adv. --de vast nese n. is tuned. 3.a.A clockface. b.A sundial dethrone (di-thrOn') v -throned, turn or cause to turn away from a specified : -v.-sled,-sl ing or-abed,-al-ling L -throning. To depose(e.g,a king). course or prescribed behavior. -a (It) 11 dew(dam,dy6b)a 1.Moisture condensed To select or indicate by manipulating a from the atmosphere onto cool surfaces, dial. 2.To call on a tele clot o-aiate (dein 3t') v. -saved,-nab A deviant person. -de via'tion a r r.. phone, usu.at night 2.Something moist,refresh- ing To explode violently. device (di-vis') a. L Something con- dirtlect(dPalekt)a A regional form of ing,or pure. --dowry adj. der-o•na-tor(deep tar)a A device,as strutted for a specific purpose,esp.a ma- •w. a language. --di'alec'tal adj. l a fuse or percussion cap,used to detonate chine. L A plan or scheme:stratagem. 3 DEW abbr. distant early warning. dialectic(dro-li lisle)n.oftea dialer- dewberry(clan.bSr e,dy6D'•)n. A nail- ��( number). A•system of a an explosive. An emblem or motto,esp.in heraldry. ys rgu- ing form of the blackberry. meat or exposition in which the conflict de-loos(dF'coor, di toot')a 1.A road devil(dev'al)is, L often Devil The m: dewclaw(dob'kler,dyn'-)n. A vestigial used temporarily instead of a main road.2 jor spirit of evil,ruler of Hell,and foe o: digit on the foot of some mammals. between contradictory facts or ideas is re- ..T..;A deviation from a direct course of action. Cod:Satan. 2.A subordinate evil spirit: - dew•Ia (d6U1i d solved. -di'a lec'ti•cal,di'a•lec'tic adj. -v. To take or cause to take a detour. demon. 3.A wicked or malevolent persor. p P. Ydb`)a A loose fold dialogue also di-a-log(dI'a-16g',-16g')a dc-tax-i-fy (di•tok'sa•fl') v. -fled, -fy 4.A person:individual<you lucky devil) of skin that hangs from the neck of certain 1.A conversation between 2 or more per- Mg. cattle. sons. L A conversational passage in a liter- fag L To remove the effects of a toxic 5.An energetic,daring or clever person. E. substance from(e.g.,an alcoholic). 2.To A printer's apprentice. -v.-lied,-il-ing ' dew point es The temperatureheiat which pry work dew condenses from the air. �.� xis ds-il'l sir (-sue). • free from dependence on (e.g., drugs)- or-tiled,-ii•Iing.L To annoy,torment e- Separation of smaller substances from larger• -detox• -tract(di-cation a harass. 2.To season(food)highly. ciency in using the body or hands:adroit- molecules or crystalloid from colloidal par- die-t act(dl-tri e)v. L To take away: dev-ildsh (dev'adish)adj. L Of, reser ness. 2 Mental agility:cleverness. • diminish. i To distract. -de-traction tiling,or characteristic of a devil:fiendisl tido in a solution by diffusion through dexterous(dek'staras,-mos)also des.• semipermeable membranes • - n. -dc tragi rive adj. ...drtzac'tor n. i Informal.Extreme:excessive. trous Gens)adj. 1.Skillful or adroit in di-am-e-ter(di-im i-tar)a L a.Math.A (d tr'1n')v. To leave or a to •evil-may-care(des s ins-kir)adj• 1 • using the hands, body, or mind. 2.Per- straight line segment that passes through cave a railroad trains. 'Reckless. L Rakish and carefree. det-ri-ment(det'ra•mant)a L Damage, •evil went(div'al-mans)a Mischief. formed with dexterity. rrayna: ADR rT,es- the center of a circle or sphere with both of DEPT, FACILE, NIMBLE, SLICK --dories- its ends on the boundary. b.The measure injury,or loss. 2.Something that causes vire advocate n. Aperson who o;- , damage,injury,or loss, �et'ri•men'talons•ly adv- d des teamus•ness n. of a diameter. 2 Thickness or width. poses an argument with which he or sl: '.' dea•trate (dek'stras')rt. A sugar found di-a-met-ri•cal(dl's-mct'ri•kal)also di•a- adj• --det'rlamea'sal•ly adv •may not disagree,as for the,sake of arc_ in plant and animal tissue and derived syn- metric (•tilt)adj. L Of,relating to,or --di'tas) n.- L •-.. meat or to determine its validity. • thetically from starch. along a diameter. 2.Being exactly opposite menti,esp.those formed by the disintega-• devil-try (dev'al-tri) also dev-il•rs •`. din.abbr. diameter. -contrary. --di'amet'ricallq adv. tion of rocks. L Debris. (-31-rt)n.,p1.-tries also-ries. Wanton Detroit(di trait'). City of SE Mich.Pop. reckless mischief. di-Abe-tea (dra-b2 tis, dEz)a A mem- diamond (drmand,dro-)a 1.A very 1,203,339. de-vi•ous (dE'vE-as) adj. 1. Wanders-.: ,-`tr bolic disorder characterized by excess sugar hard,highly refractive colorless or white • ,: in the blood and urine,persistent thirst, crystalline of carbon used as a gemstone , ' ;5 disquietude LI distend ,3 - qui-e-tude (dis-kwl'i-rood', -tyood') openly dissenting,esp.in opinion or belief. • A state of uneasiness;anxiety. --dfa'si•denee n. --dit'd•dent a -si-tion(dis kwI•rlsh'an)a A for- dis•eim i lar(dI.sInfa lar)ad). Different. ` often written discourse. --divsim'idar'i-ty is. • (dis'ri-gird')v. 2.To ignore. dis•ai mil ittude (dIs'a•mi13-rood', a treat without proper attention z sae- •ty3dd')a lack of resemblance. --. —dis's-e gaxd a —dAtere gnrd'ful die-efm•n late(di-sim'ya-Lit)v. To dis- semble. ••ember(dieri-mem'bar)v.Re- elis•si gate (die's-pit') v. -paved,-pat- .r To fail to remember:forget. in& L To drive away or dispel:scatter. z (dls'rl-psi')n. The state of be- To squander or waste. L To vanish by dis- neglected or in need of repair. persion. 4.To indulge in pleasure reck- p•n-table (dis-rep'ya-ts-bal) adj. lessly a carouse. 5. To lose (e.g., heat) respectable. —dia-reg'n•ta bly adv. irreversibly. —dia'ai-pa'tton a •sate(dish-py6bt')is. Loss of repu- dis'•serci ate(dl-sfi'she-at', Sc)• - v.-at-ed, i disgrace. .at-ing. To separate or become separated ,,,,_} .-t(dls'rl-spckt')a Lack of re- from association with another:disconnect. courteous regard. —dis'reapect'- s•so'c3•s'tion a -—die'rccptct -7j •die•so4ute (dis'almt') adj. Lacking r:. ..-_-:,b- be{dis-rib')v. To undress. moral restraint:profligate. —•dis'sohlutc'• ; 'pt (disn)pr') V. L To throw into Ly adv. --dis'ao•lute'ness n. t•: •er or confusion. L To break up s in- �.so-iwtioa,(dreg-lOb'shan)a L Disin- ' •pt. —dis•:up'tion a —diazup'tive tegration into component partsadecomposi- i (dis a3t3s fP) v. To fail non. 2. Death. 3. Law. Annulment or ` termination of a legal bond,tie,or contract. tc • 2 disappoint. —dis•sattB fac'tion 4.Formal adjournment or dismissal of a leg- i,. disreat'ia•H�'adj. islature or assembly. r.' ';. • t(di-atkt',di-dr'sdkt')v. L To cut &is-solve(di-zblv')v.-solved,.solv-ing. f -- (tissue)for study or examination. Lotosolution ' analyze closely or thoroughly. .-die. L is pass uor cause at pass into 3. <dissolve sugar in watery 2.To melt. 3. ;F,i••- =on a To cause to disappear z dispel. 4.To cepa- . (di-silt'tld,di-)adj.Bot Di- rate into component parts:disintegrate. 5. -• into numerous narrow segments or To bring to an ends terminate. 6.To break a .` down emotionally. --dis•aoldable adj. i;- ------------- dis-aooance(dls'a-nuns)n. 1.A harsh or -3 unpleasant combination of sounds:dis- ' ifi40, ""/]. cord. 2. lack of agreement a conflict. 7:; '%,410;��N��� —dia'so-nent adi. —dis'ao-cantly adv. y;,. /•�� 1 .• � di8-erratic(di-sw3d')v.,anadcd,quad• iji� f ing. To sway or try to sway from a course e is (, . of action by persuasion. --dis-sna'aion n .\-...,,+,' �i -�ia•aua'dve adj. y� \ dis-teff(dis'tif)a L A stick holding flax a�`•ii or wool from which thread is drawn and :K �•c+,•, spun by hand. L Women as a group. die-tel (dis'tal) edi. Anat. Located far '' r�` a from the place of origin or attachment - — die-tante(dis'eans)a L Spatial or chron- dissected ological separation. L The length of a path,_ „4s • Dissected leaves esp.a straight line segment,that joins 2 points. 3.The space that separates any 2 k • -sem-ble(dl-sfm'bal)v.-bled,-tiling. specified instants in time. 4.a.The degree 1.'o conceal the true nature of. L To of difference separating 2 things in relation- ,.mase a pretense oft simulate. ship. b.The degree of progress between 2 °f •i-nate(dl-s6m'a-ntt')v.-flat-ed, points in a course. S.Aloofness. 6.The ,nating. To scatter or spread widely whole way <went the distance> —v. ',.,• t+tt.•rninZte nimors> —dis•sem'i•na'- -tanced,-tanviag. To outdo. f •a --dia•sem i-na'tar a dis-tent(distant)adj. L Apart or cepa- en•sian(dl-s4n'shan)a Difference rate in time or space. L Far removed<the opinion:discord distant past> 3.Coming from,located at, -+•t(dl-sEnt')v. L To differ in opin- or going to a distance. 4.Remotely related. t disagree. 2.To withhold approval or 3.Rescued 5 aloof. —dis'tantly adv. .t. —a 1.Disagreement. 2.Religious dirtsste(dis•tist')a Aversion:dislike. A':: •nformiry. —dia-senYer a —dis-taate'ful adj. -dis•tasse'ful ly • to-tion(dls'ar•ti'shan)a A for- adv. —di.-tasteful-mesa n. • discourse,esp.a doctoral thesis. diastem-per (dis-tEm'par) a An infer- -. • ce(dls-stievls)a Injury:harm. tious,often fatal virus disease of certain y • •ver(dl-sdv'ar)v. To sever. mammals,as dogs and cats. -dent(dis'L-dant)adj. Strongly and .dis-tend(di-stEnd')v. To expand by or as *Legal Dictionary detrimeiit 4Q t-rvs.JH; r rt, } de-tro-ment\ Legal Definition of DETRIMENT 1 : INJURY, Loss; also :the cause of an injury or !oss 2 : a giving up of a thing or mode of conduct to which one is entitled that constitutes consideration for a contract—called also/ego!detriment —detrimental is, %de-tre-men-telt adjective --detrimentally adverb (IiSI U )t 'a *Standard Dictionary Definition of DISRUPT transitive verb 1 a : to break apart : RUPTURE • three periods of faulting disrupted the rocks—University of Arizona Record b : to throw into disorder • demonstrators trying to disrupt the meeting 2 : to interrupt the normal course or unity of • ... disrupted a bridge game by permanently hiding up the ace of spades ... —Scott Fitzgerald • can disrupt an industry with new technology —disrupter noun —disruption 4;, 1- rep-shen\noun —disruptive 1-'rep-tiv1 adjective —disruptively adverb —disruptiveness noun Both as referenced online by 2018 Merriam-Webster,Incorporated. 1 »�.,� •!" r" I r...-�.._ '+,mow.: Atrd ,i-'...e.,,,.�:, 7■ 'i` r�s ,4 t,y ny', ,:',....-,..........1.- `i A .,Ote YY 1BF 4 ; ' - 1 , �? rit .a 'fin ~, 1 • ,x_ i .P.ty., # - i� - ♦ • is .nr ♦ `,'" "i ,.� - M �rte'" S to R'':`.. ! �� r",.....r- d AD vto- \ I }Lc. aAA 1-7 „I.-L:0n CJC —Da ex 4DVY1 OLkiain . kaorLona -11- is de-11()Me/14:11L\ ejly -)iik-()-1.C- In ReA9 ,_ , __A-2, IAeir uw�.1 - UCi e_ver„,t,sIrc Avi,jA-Y\-1 con� �j des r ye .11 dread al- -c31Rj ATTACHMENT 4 Dear Hearings Officer, 1/31/18 I oppose this Home Occupation Type 2 application because there are no checks and balances for the residential neighborhood and neighbors. In 18.742.010 the purpose is to permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise. The applicant is a highly educated,successful professional who has been practicing for nearly 25 years. She has had her private practice for 9 years. (Applicant's November 13, 2017 letter to neighbors) She is now moving this practice into a residential neighborhood. In the proposal description,the proposed project summary,the applicants letter to the neighborhood, her attorney's letter to the hearings officer, it all references their proposed use. Their proposed use is less than what the code allows. There are no checks and balances. The code 18.742.050 is: b. no more than one outside volunteer or employee. c. no more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10 p.m. and 8 a.m. The proposals have no value because they are not limited by the code. The 18.742.050 code is 8:00 A.M to 10:00 P.M 7-days a week. So a rational person looks at the reality of potentially seeing 42 customers a week, which means the possibility of 2,184 customers a year from their bedroom window and from their deck. As referenced in Andrew Stamp's letter to the hearings officer,"this applicant's small, part-time counseling business is hers." Also, as referenced in Andrew Stamp's letter, "we assume 60 minutes per counseling session," without checks and balances and restrictions,this so called small business becomes a full-time business with the possibility of having an employee. 18.742.040 General Approval Criteria and Standards C. There shall be no offensive noise,vibration, smoke, dust, odors, or glare at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards. At this location,the motion detector floodlight will be illuminating the applicant's sidewalk as well as the neighbor's house directly to the North. This glare will impact their bedroom window and impact the deck. In Chapter 18.725.030 Environmental Performance Standards Letter E. Glare and Heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding,which is visible at the lot line shall be permitted. The code allows customers until 10:00 P.M. In the winter months,from 4:00 P.M. to 10:00 P.M.,this motion floodlight will consistently cycle on. It will cycle off at its preset time interval. It will be a consistent time clock. In a 6 hour period with overlapping customers, how much light pollution does a neighbor deserve? This problem can be alleviated by the customers using the front door of the structure. Code 18.742.060 Permit Procedures for Type 1 and Type 2 Home Occupations 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. The code allows 2,184 customers a year with a time of up to 10:00 P.M. This is detrimental to the neighbor to the North. The definition of detrimental, about damaging and harmful is not about physical injury. It is about the damaging appearance, no different than damaging testimony, or damaging to one's career or reputation. This externally visible appearance is the reason we purchased our residential lots with no backyard neighbors. This detrimental damaging operation impacts the value of our property. The continual flow of strangers walking down the side yard will be disruptive. The American Heritage Dictionary:to throw into confusion. That is what the neighbor's dog will hear and feel with every customer walking down the path. Without checks and balances the quality of life as we know it will never be the same. Restrictions on businesses in residential neighborhoods are a must to keep any quality of life at the expense of one neighbor who wants to make a few bucks. People go to the backyard for privacy,solitude, and tranquility. Not to see and meet the neighbors 2,184 business customers. Sincerely, Chris Brown 12326 SW 131st Ave Lina Smith ATTACHMENT 5 From: Jennifer Worth <jenworth@comcast.net> Sent: Thursday, February 1, 2018 12:18 AM To: Lina Smith Subject: [QUAR] Virginia Hill Type II Home Occupation Business License Application Objection Case No. HOP2017-00035 Importance: Low To Whom it May Concern, We strongly object to Ms. Hill's proposal to move her business next door to our home. This is a violation of the CC&Rs attached to the deed of that property and a violation of our rights as homeowners. People who purchased a home in a residential neighborhood with the understanding that it would remain a neighborhood, not be transformed into a business district. We have been told that the City of Tigard will provide no real or direct oversight as to the type or number of clients Ms. Hill sees in a day,week, or month. Her operating hours would also be unregulated. None of these issues should even need to be considered by me, my family, or our neighbors. This should never have been allowed in the first place. It has already placed undue stress on our family and the families of our neighbors. Having any type of business in a residential neighborhood where clients are permitted to walk between houses is unacceptable. These clients would be walking between our home and Ms. Hill's. In choosing to grant Ms. Hill's application, the City of Tigard is depriving me and my family of any sense of security in our own home. Ms. Hill states that she knows her clients better than her friends, however, we strongly disagree with this statement. Ms. Hill's choice to ignore our CC&Rs and apply with the City of Tigard to operate a counseling business from her home is in no way "transparent and above board". Imbalanced people, strangers who would otherwise have no reason to come to our neighborhood,will be traipsing down the walkway between our houses. Some of these people may have weekly appointments and get quite familiar with the habits and routines of the families in the neighborhood. A counseling business operating next door is a huge risk for us. It affects us on many levels. People experiencing profound grief and depression can be extremely volatile. Virginia cannot control the actions of her clients. Our kids are outdoors on every nice day. They ride bikes and play games out in front or in the backyard. With the introduction of a business dynamic, the entire nature of the neighborhood will change. Ms. Hill failed to submit a correct copy of the CC&Rs with her initial application for the business permit. When Ms. Hill purchased her home, she agreed to abide by the terms of the Morning Hill CC&Rs attached to the deed. Her statement that she wants to "live in a caring and compassionate neighborhood where neighbors can watch out for each other and children can play" is lip service. She did move to such a neighborhood. This is such a neighborhood. Her actions have already begun to change the feeling of the neighborhood and created stress and upset all around. She signed a contract to be part of our neighborhood, then promptly turned around and violated that contract, in effect,violating the rights of my family and our neighbors to feel secure in our own homes and our outdoor spaces. Ms. Hill hiring an attorney to further push her agenda on the entire neighborhood and to disqualify and devalue our concerns and our quality of life is in no way neighborly. 1 The approval of this business by the city in no way implies the approval of the neighborhood. This neighbor vehemently objects. Michael Gismondi 2 ATTACHMENT 6 Dale and Jan Sykes 12356 SW 132"a Court Tigard, Oregon 97223 CASE ID Number—H0P2017-00035 To Whom It Concerns, Please be advised that we,the residents of a peaceful quiet neighborhood of Tigard do not wish to have a counseling service in our neighborhood serving dysfunctional or mentally disturbed members of society. Our neighborhood is tranquil, peaceful, and a great environment for the children who play freely in the streets with their biggest worry is how to fix their boo boos when hurt playing. We walk our dogs,enjoy gardening in our yards, and love our charming community. We are a warm friendly neighborhood. Introducing a clinical counseling service, with strangers coming and going all day long is not what we signed up for.The possibility of one of these strangers hurting one of us, because they are disturbed in their grief or loss, and go crazy like the Las Vegas shooter is too big a risk for our community. These patients have issues, and we cannot afford to have those issues potentially interfere with our safety. Please deny this permit, it is not in the community's best interest.She can go set up counseling services in a business district,or clinical office setting in a professional building. This type of business is expected and zoned for in other settings other than our quiet, quaint neighborhood. Thank you for protecting our neighborhood, Dale and Sykes NOTICE OF TYPE II DECISION II a HOME OCCUPATION PERMIT HOP2017-00035 11. VIRGINIA HILL, LCSW TIGARD 120 DAYS = March 5, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: VIRGINIA HILL, LCSW FILE NO.: Home Occupation Permit (HOP) Type II HOP2017-00035 PROPOSAL: This application is for a Type II Home Occupation at 12418 SW 131St Avenue. The applicant proposes to provide in-home counseling services, three (3) days a week. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. APPLICANT: Virginia Hill,LCSW 12418 SW 131st Avenue Tigard,OR 97223 OWNER: Same as applicant LOCATION: 12418 SW 131st Avenue;WCTM 2S104AB,Tax Lot 8900 ZONING DESIGNATION: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single- family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.742 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request, subject to a condition of approval. The findings and conclusions on which the decision is based are noted in Section V. 110P2017-00035 VIRGINIA HILL,LCSW PAGE 1 OF 8 CONDITION OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED: Unless noted otherwise, the staff contact shall be Lina Smith,Assistant Planner; (503) 718-2438 or LinaCSnu,tigard-or.gov. 1. The street right-of-way shall be free at all times of client vehicles associated with this home occupation. All client parking shall be accommodated on site. SECTION III. BACKGROUND INFORMATION & PROJECT DESCRIPTION Site Information: The 0.17-acre site is located on the east side of SW 131 s`Avenue, north of SW Walnut Street,and south of SW Katherine Street. The property is currently occupied by a detached, single-family dwelling with attached garage, paved driveway, and associated landscaping. According to the Washington County Assessment and Taxation Report, the home measures 2,658 square feet in size. The site is zoned R-25 (Medium High-Density Residential), as are adjacent properties. The adjacent property to the west is occupied by a significant wetland, as designated on the City of Tigard 'Wetland and Stream Corridors Map. Proposal Description: This application is for a Type II Home Occupation at 12418 SW 131st Avenue. The applicant proposes to provide in-home counseling services, three (3) days a week. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff mailed Notices of a Type II Proposal regarding this Home Occupation to affected parties on September 28, 2017, and received 20 written comments regarding this application from neighboring property owners. The comments primarily focused on the following issues: concerns that neighborhood safety would be impacted by the types of clients associated with the home occupation; that neighborhood traffic would increase as a result of this home occupation; that future clients would monopolize on-street parking; and the impact of this proposal on neighboring properties (including the impact to property values, the impact to the adjacent wetland, and privacy concerns). Commenters also stated that the covenants, conditions, and restrictions (CC&Rs) for the subdivision in which the subject property is located prohibit business and commercial uses. Furthermore, the comments included questions about the proposed hours of operation,number of clients,and other details about the business. RESPONSE: As outlined in TDC Table 18.510.1, home occupations are an allowed land use in all residential zones, subject to the requirements in'1UC 18.742 Home Occupations. These requirements establish approval criteria and standards to ensure that home occupations are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. I I0P2017-00035 VIRGINIA I TILL,I,CSW PAGE 2 OF 8 The written comments outlined concerns about neighborhood safety and the types of clients associated with this home occupation. The applicant submitted a written response to the public comments on November 13, 2017. In this response, the applicant stated, "I specialize in providing counseling with children and women experiencing grief and loss, cancer diagnosis, and life transitions. My clients are middle to upper middle class and are highly functioning individuals in the community. Over the years in my private practice, I have not had any reason to be concerned about the clients with whom I have worked...I screen clients prior to being accepted into my practice." The applicant's full written response is attached to this administrative decision (Attachment 1). Additionally, the City of Tigard Police Department reviewed the applicant's proposal for issues related to public safety, and responded with no objections. Responses to the concerns of neighbors are addressed in the findings of the appropriate approval criteria located in the following section. However, a summary of responses to the issues raised is provided briefly here. All activities associated with this home occupation will be conducted indoors, within the primary residence (an existing detached, single-family dwelling). The applicant states the business will operate only three (3) days a week, and clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. Additionally, Type II Home Occupations are limited to a maximum of six (6) daily clients. Therefore, this proposal will not generate excessive neighborhood traffic. Staff has also included a condition of approval that requires all client parking to be accommodated on site. The applicant is not proposing any external changes to the existing home or property as part of this application. Therefore, this proposal will be not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents, and will not impact the neighboring significant wetland. Commenters also stated that the CC&Rs for the subdivision in which the subject property is located prohibit business and commercial uses. The CC&Rs are a private matter and are not regulated or enforced by the City of Tigard. SECTION V. APPLICABLE REVIEW CRITERIA& FINDINGS As set forth in Table 18.510.1 of the Tigard Community Development Code, home occupations are an allowed land use in all residential zones, subject to the approval standards and criteria contained in Chapter 18.742 Home Occupations. Relevant standards and approval criteria are addressed below. 18.742 Home Occupations 18.742.040 General Approval Criteria All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II uses described in Section 18.742.050 of this chapter. A. Home occupations may be undertaken only by the principal occupant(s) of a residential property. HOP2017-00035 VIRGINIA I III,I,,I,CSW PAGE 3 OF 8 The applicant is the property owner and principal occupant of the residential property in which the home occupation is proposed to take place. This criterion is met. B. There shall be no more than three deliveries per week to the residence by suppliers. The applicant does not propose to have any deliveries to the residence by suppliers that are directly associated with this home occupation.This criterion does not apply. C. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards. This home occupation application is to provide in-home counseling services, three (3) days a week. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. It is anticipated that none of the items listed above will be compromised beyond allowable levels as a result of this project. All activities will be conducted indoors, within the primary residence (an existing detached, single- family dwelling). This criterion is met. D. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 feet.The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes. This home occupation will be operated entirely within the primary residence (an existing detached, single-family dwelling). In addition, staff reviewed the applicant's narrative and submitted floor plan to determine 500 square feet of floor area (or approximately 19 percent of the existing 2,658-square-foot residence) will be utilized for the home occupation. Accordingly, this proposal does not exceed the floor area maximums stated above (528 square feet, or 25 percent of the combined residence and accessory structure gross floor area). The applicant has indicated that any materials or products stored on site will not exceed the limitations imposed by the provisions of the building, fire, health and housing codes.This criterion is met. E. A home occupation shall not make necessary a change in the State Building Code use classification of a dwelling unit. Any accessory building that is used must meet State Building Code requirements. The applicant is not proposing to change the State Building Code use classification of the existing dwelling unit, and the home occupation is not proposed within an accessory building. This criterion is met. F. More than one business activity constituting two or more home occupations shall be allowed on one property only if the combined floor space of the business activities does not exceed the limitation of space imposed in Subsection 4 above. Each home occupation shall apply for a separate home occupation permit, if required as per this chapter, and each shall also have separate Business Tax Certificates. HOP2017-00035 VIRGINIA HILL,I,CSW PAGE 4 OF 8 Staff conducted a search of city records, and found there were no other home occupations at this property. This criterion is met. G. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable materials which in the judgment of the Fire Marshal pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal for review the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use. The proposed home occupation is for in-home counseling and will not involve any storage and/or distribution of toxic or flammable materials that pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Furthermore, Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal to review,and had no objections.This criterion is met. H. No home occupation shall require any on or off-street parking other than that normally required for a residence. This home occupation will not require any on or off-street parking, other than that normally required for a residence. The existing detached, single-family dwelling includes an attached two-car garage and paved driveway that is available for use by the applicant and clients. Furthermore, a condition of approval has been added to ensure the street right-of-way will remain free of client vehicles associated with this home occupation.All client parking shall be accommodated on site.This criterion is met. I. The following uses are not allowed as home occupations: a.Auto-body repair and painting; b. Ongoing mechanical repair conducted outside of an entirely-enclosed building; c.Junk and salvage operations; d. Storage and/or sale of fireworks The applicant's proposal for a home occupation does not involve any of the activities listed above. This criterion is met. J. There shall be no exterior storage of vehicles of any kind used for the business except that one commercially licensed vehicle of not more than three-quarters ton gross vehicle weight (GVW) may be parked outside of a structure or screened area. The applicant is not proposing exterior storage of vehicles of any kind used for the business. In addition, the subject property includes an attached two-car garage and paved driveway that can accommodate any personal vehicles utilized by the applicant. This criterion is met. 18.742.050 Type I and Type II Home Occupations Defined A. Home occupations shall be administered as either Type I or Type II uses.A separate home occupation permit and/or fee is required for each property on which a Type II home occupation is undertaken. In addition to the general criteria outlined in Section 18.742.040, home occupations shall observe the following additional standards: 1. Type II home occupations. Property on which a Type II home occupation is located may show evidence that a business is being conducted from the premises.Therefore the following is allowed for Type II home occupations: I-10P2017-00035 VIRGINIA I IILL,I,CSW PAGE 5 OF 8 a. One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; The applicant is not proposing any signs related to this home occupation. Therefore, this standard does not apply. b. No more than one outside volunteer or employee who is not a principal resident of the premises; The applicant is the property owner and principal resident of the premises in which the home occupation is proposed to take place. Furthermore, the applicant does not propose to have any outside volunteers or employees. This standard is met. c. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; The applicant states the business will operate only three (3) days a week, and clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. The number of clients will not exceed six (6) in one day. In addition, the subject property includes an attached two-car garage and paved driveway that can provide off-street parking for the applicant and any clients. Furthermore, a condition of approval has been added to ensure the street right-of-way will remain free of client vehicles associated with this home occupation.All client parking shall be accommodated on site.This standard is met. d. Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant is not proposing any outdoor storage of materials,goods,or equipment.This standard does not apply. 18.742.060 Permit Procedures for Type I and Type II Home Occupations B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040.A and 18.742.050.A.2 and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and As detailed in the findings above, this application is in conformance with the standards contained in this chapter.This criterion is met. 2. Will be subordinate to the residential use of the property; and The business will be subordinate to the residential use of the property. This home occupation will occupy 500 square feet of floor area, or approximately 19 percent of the existing 2,658-square-foot residence. This criterion is met. I I0P2017-00035 VIRGINIA I-JILL,LCSW PAGE 6 OF 8 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. All activities associated with this home occupation will be conducted indoors, within the primary residence (an existing detached, single-family dwelling). The applicant states the business will operate only three (3) days a week, and clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. Therefore, this proposed home occupation will not be detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. This criterion is met. FINDING: The proposed Type II Home Occupation complies with all statutory and ordinance requirements and regulations, as demonstrated by the analysis contained within this administrative decision. SECTION VI. OTHER STAFF COMMENTS The City of Tigard Building Division, Engineering Division, and Police Department were sent copies of the applicant's proposal,and had no objections. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal,and had no objections. Attachments: Attachment 1:Applicant's Response to Public Comments, dated November 13, 2017 SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON DECEMBER 4, 2017 AND EFFECTIVE ON DECEMBER 20,2017 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code, which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. H0P2017-00035 VIRGINIA f JILL,I,CSW PAGE 7 OF 8 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period.Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate body. \- _ lbw_ _ - _ . THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON DECEMBER 19,2017. L...__ . _ _ , _ 4 II/ '- \116._ -— —111b. Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503)718-2438 or LinaCS@tigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. -"-- December 4,2017 PREPARED BY: Lina Smith Assistant Planner _�•-''/rrf `/ <' �!2'�C December 4,2017 APPROVE BY: Tom McGuire Assistant Community Development Director HOP2017-00035 VIRGINIA HILL,LCSW PAGE 8 OF 8 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON DECEMBER 19, 2017. Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503)718-2438 or LinaCSatigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. IOW December 4,2017 PREPARED BY: Lina Smith Assistant Planner December 4,2017 APPROVElDrBY: Tom McGuire Assistant Community Development Director HOP2017-00035 VIRGINIA HILL,LCSW PAGE 8 OF 8 ATTACHMENT 1 RECEIVED November 13, 2017 NOV 1 3 2017 CITY OF TIGARD PLANNING/ENGINEERING Dear Neighbors, Thank you for your responses. I appreciate your interest and want to address your concerns and questions. This gives me the opportunity to hopefully open a conversation and allay some of the concerns. I value dialogue and I am concerned that there are false assumptions being circulated regarding my practice. I would like to provide my neighbors with additional information. I hope that this letter will be an opening to conversations to move forward as neighbors. As a woman and mother I too value and want to live in a safe neighborhood. I have three children who will confirm my diligence to their well-being. My eldest son visits me at my home as he lives independently having launched into young adulthood with a career as an architect. My daughter is living with me as she begins her new career as a teacher. My youngest son is living with me when not attending college. The feeling of safety in my home with my children and for myself is of the utmost importance to me. I appreciate the concern around the issues of homelessness, criminality, and the abuse of drugs and alcohol coming to our neighborhood. I do not see clients who are homeless, criminals, or that have alcohol and/or drug abuse issues. These are not the clients or issues I am working with as part of my small private counseling practice. My clients are people like you and I. They are voluntarily obtaining support for the pains of life in a proactive, intentional and solution focused way to live a wholehearted life. I am honored to know my clients intimately. Given the nature of my career,I know my clients far better than many other casual relationships. I specialize in providing counseling with children and women experiencing grief and loss, cancer diagnosis, and life transitions. My clients are middle to upper middle class and are highly functioning individuals in the community. Over the years in my private practice, I have not had any reason to be concerned about the clients with whom I have worked. I have developed these specialties and have no intention of changing the focus of my practice in the future. I have been a practicing licensed clinical social worker for nearly 25 years. I have focused my career on working with children,adults,and families in medical settings, which have included Shriners Hospital, Providence Hospital and Legacy Hospital, including their hospice and bereavement programs. I am currently a part-time employee with Compass Oncology. In addition and completely separate from working for Compass Oncology, I am a sole proprietor of a small part-time private counseling practice. I have had my counseling practice for the past 9 years. I provide counseling services only 3 days a week seeing between 10 and 16 clients in a week. Obviously taking time off for holidays and vacations. I am a sole practitioner and I do not have any employees. I screen clients prior to being accepted into my practice.All clients are seen individually or in the case of children with their parent by appointment. I am not providing group counseling as part of my private practice. Some examples of the type of clients that I provide counseling with are as follows: A school age child whose parent is ill and now is experiencing separation anxiety. A woman seeking support for the grief she is experiencing after the death of her husband. A woman having completed cancer treatment and feeling she should be back to normal. I will offer a professional setting with a separate entrance to my private office that includes a waiting room and restroom for clients and for the parents of the children to use. My clients also value their own privacy when seeking counseling support. My home is a no smoking home. This will be the same standard for my clients. Licensed Clinical Social Workers are not licensed to prescribe medications;I do not prescribe or manage medications for clients. There will not be signage in the front of my home indicating there is a counseling practice. There is normal traffic coming to our neighborhood with extended families and friends visiting. It will not appear any different at my home when family and friends are visiting or clients. Clients will be utilizing the two parking spaces on my driveway and will not need to use street parking. There are home businesses already practicing in our neighborhood. I am not setting a precedent with having a limited practice. I too want to live in a caring and compassionate neighborhood where neighbors watch out for each other and children can play. I have purposely tried to proceed with this project in the most above-board and transparent way possible. I welcome having a dialogue and answering any further questions. I invite you to contact me by email so we can schedule a time to talk by phone or to meet. Warm Regards, 41-2V Virginia Hill virginiahilllcsw@gmail.com h�1 cm 1-4 dz City of Tigard TIGARD Memorandum To: Joe Turner,Tigard Hearings Officer From: Lina Smith,Assistant Planner Re: Virginia Hill, LCSW (Home Occupation Permit) Case No. HOP2017-00035 Date: February 5, 2018 I. Key Point and Summary On December 4, 2017, the Director approved a Type II Home Occupation Permit at 12418 SW 131st Avenue. The applicant's proposal is to provide in-home counseling services, three (3) days a week. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m.The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. On December 19,2017,the city received an appeal of the Director's decision from Mrs. Heidi Brown, owner of the property located at 12326 SW 131st Avenue (WCTM 2S104AB,Tax Lot 9300). Outlined below are staff responses to the specific issues raised by Mrs. Brown (hereinafter referred to as "the appellant"). II. Staff's Response to Appeal The appellant's notice of appeal included a detailed statement, focusing on three (3) specific issues. For the first issue, the appellant cites Section 18.742.010.A.1 in Chapter 18.742 Home Occupations of the Tigard Community Development Code (TDC): 18.742.010 Purpose A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small- scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; The appellant states the proposed Type II Home Occupation for in-home counseling services "falls outside" the code section outlined above because the applicant has an established City of Beaverton business license, and also currently practices within the City of Beaverton. The code section the appellant cites is from the purpose section of TDC Chapter 18.742, and is not an approval criterion. The applicable approval criteria for a Type II Home Occupation Permit application is outlined in TDC 18.742.040, TDC 18.742.050.A.2, and TDC 18.742.060.B. Accordingly,TDC 18.742.010.A.1 is not relevant in evaluating the approvability of a Type II Home Occupation Permit application. Additionally, in a written statement submitted on November 13, 2017, the applicant indicated that this application is for her private practice,which is separate from her work in the City of Beaverton. For the second issue, the appellant cites'1')C 18.742.010.A.2 and'I'DC 18.742.060.B.3. TDC 18.742.010.A.2 is also from the purpose section of 'IDC Chapter 18.742, and is not an approval criterion. However,'I`UC 18.742.060.B.3 is an approval criterion,and includes similar language to 'I`UC 18.742.010.A.2, as outlined below: 18.742.060 Permit Procedures for Type I and Type II Home Occupations B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040 and 18.742.050.B and subject to the following approval criteria: 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. The appellant states, "the business is actually detrimental and disruptive to neighboring properties and residents. The city has not acknowledged the invasion of privacy and negative impact to the livability of the residents located directly north (adjacent) to this property...It is not the business itself, but rather the access to the business that is the immediate problem." Specifically, the appellant takes issue with a stepped walkway located along the north side of the applicant's property. The applicant proposes to have clients utilize this walkway in order to access a daylight basement, where the home occupation will take place; clients would park on the applicant's driveway,then use the walkway to travel along the north side of the property, and finally access the rear of the home, where there is a separate entrance to the daylight basement. The appellant's argument is that utilization of this walkway will have a detrimental and disruptive impact on the adjacent property to the north (12400 SW 131st Avenue;WCTM 2S104AB,Tax Lot 9000), as well as "surrounding neighbors." Staff conducted a site visit to the applicant's property on January 23, 2018, and found that the stepped walkway is visible from the applicant's property and adjacent Tax Lot 9000,but is not visible from other surrounding properties. If an individual was standing on the west side of the applicant's property (for example, on the applicant's driveway), the walkway is concealed from view by the slope of the site (slopes downward to the east, where a significant wetland is located).The walkway is not visible from the adjacent property to the south (12446 SW 131st Avenue; WCTM 2S104AC, Tax Lot 8700), because the walkway is located between two existing single-family homes (the applicant's home, and the home located on Tax Lot 9000), and there are hedges and fencing located along the applicant's southern property line. Finally, there is a significant wetland located directly east of the applicant's property. The walkway is not visible from properties on the other side of the wetland because of the screening provided by the wetland vegetation. As the walkway is only visible from the applicant's property and Tax Lot 9000, staff does not find that the walkway will have an impact on other"surrounding neighbors." Therefore, staffs response to the appellant will focus on the walkway's impact to Tax Lot 9000, and the resident(s) of Tax Lot 9000. The terms "detrimental" and "disruptive" are not defined in the TDC. Accordingly, city staff referred to Webster's New College Dictionary (2008) for the definitions of these terms. "Detrimental"is defined as "causing harm or damage."As stated above,the walkway is visible from Tax Lot 9000;it is located between the applicant's home,and the home on Tax Lot 9000. The walkway is fully constructed, and includes stone steps and metal handrails; all of the walkway's components are located on the applicant's property. Accordingly, individuals who utilize the walkway would not come into direct physical contact with Tax Lot 9000, because the walkway and all walkway-related activities (the passage of people from the front of the applicant's property to the back yard or the rear of the applicant's home)will be fully contained within the applicant's property. Therefore, staff finds that the utilization of this walkway is not detrimental, and will not cause harm or damage to Tax Lot 9000. "Disruptive" is defined as "tending to disrupt," and "disrupt" has three definitions, including "to throw into disorder or confusion," "to interrupt or impede the usual course or harmony," or "to break or burst." Staffs response will focus on the second definition of"disrupt": "to interrupt or impede the usual course or harmony." The appellant states that the applicant's proposal to have clients utilize this walkway is disruptive, because the walkway is visible from the front yard, back yard, and elevated deck located on Tax Lot 9000, and that clients utilizing the walkway would also be able to see Tax Lot 9000's front yard, back yard, and elevated deck. Staff conducted a site visit on January 23,2018 to confirm that the walkway is visible from the front yard, back yard, and elevated deck located on Tax Lot 9000, and that an individual utilizing the walkway would also be able to see Tax Lot 9000's front yard, back yard, and elevated deck. However, staff does not find that visibility to and from Tax Lot 9000's front yard creates an interruption or impediment to "the usual course or harmony" of Tax Lot 9000 or its resident(s).There is no reasonable expectation of privacy in the front yard of a residential property,because the front yard is clearly visible to pedestrians and other passersby.Therefore, the sole issue of visibility to and from Tax Lot 9000's front yard is not "disruptive," because this visibility will remain,regardless of whether or not a Type II Home Occupation takes place. In order to address the issue of visibility to and from Tax Lot 9000's back yard, the applicant proposes to install a fence between the two properties (eight feet is the maximum allowable fence height for this location, as outlined in TDC). Staff finds this would provide adequate screening between the walkway and the back yard located on Tax Lot 9000. Staff acknowledges that the proposed fence would not resolve the complaint that the walkway is visible from Tax Lot 9000's elevated deck, or that clients utilizing the walkway would be able to see this deck. However, the deck's location on the second story of the existing home creates built-in visibility between Tax Lot 9000 and the applicant's property. Even if the applicant did not apply for a Type II Home Occupation Permit, and the walkway did not exist, the resident(s)of Tax Lot 9000 would still be able to see the applicant's property while standing on the deck, and correspondingly, people standing on the applicant's property would still be able to see the deck. Therefore, the sole issue of visibility to and from this deck is not an interruption or impediment to "the usual course or harmony" of Tax Lot 9000 or its resident(s), because this visibility will remain, regardless of whether or not a Type II Home Occupation takes place. The appellant also expressed concern about safety due to "strangers" utilizing the walkway. The walkway already exists and is fully constructed; there is nothing preventing the applicant, her personal guests (for example, family and friends), or outside individuals (for example, contractors) from utilizing this walkway,which provides a path of travel from the front of the applicant's property,to the back yard and rear of the home.Therefore,client utilization of this walkway is not an interruption or impediment to "the usual course or harmony" of Tax Lot 9000 or its resident(s); the walkway already exists and can be utilized by the applicant, her personal guests, or outside individuals, regardless of whether or not a Type II Home Occupation takes place. Furthermore, in regards to safety, the applicant submitted a written response on November 13, 2017. In this response, the applicant stated, "I specialize in providing counseling with children and women experiencing grief and loss, cancer diagnosis, and life transitions. My clients are middle to upper middle class and are highly functioning individuals in the community. Over the years in my private practice, I have not had any reason to be concerned about the clients with whom I have worked...I screen clients prior to being accepted into my practice." Additionally, the City of Tigard Police Department reviewed the applicant's proposal for issues related to public safety, and responded with no objections. The appellant states the third issue "is in relation to the lack of restrictions set forth by the City. The City did not provide any level of reassurance for the proposed business criteria to be enforced other than that pertaining to parking accommodations...The City only enforced restrictions to ensure the street right-of-way would remain free of client vehicles. The City did not set any further limitations to secure the livability of the neighborhood." As stated above, the applicable approval criteria for a Type II Home Occupation Permit application is outlined in TDC 18.742.040, TUC 18.742.050.A.2, and TUC 18.742.060.B. Accordingly, "the lack of restrictions set forth by the City" is not associated with an applicable approval criterion, and is therefore not relevant in evaluating the approvability of a Type II Home Occupation Permit application. Finally, the appellant noted an error in the December 4, 2017 staff report, under Section III Background Information and Project Description. City staff erroneously described the location of a significant wetland as to the vest of the applicant's property, when it is actually located to the east of the applicant's property. III. Conclusion and Recommendation In conclusion, staff recommends the Hearings Officer uphold the staff decision and deny the appeal. Staff also recommends that the Hearings Officer include a condition of approval that a fence be installed prior to the applicant seeing clients at her property,in order to address the issue of visibility to and from the back yard located on Tax Lot 9000. Reference: Webster's New College Dictionary (Third Edition). (2008). Boston, MA: Houghton Mifflin Harcourt Publishing Company. Attachments: Attachment 1: Photographs of Applicant's Property Attachment 2:Written Statement from Applicant's Attorney,Andrew H. Stamp,P.C., dated January 25,2018 Attachment 3:Written Statement from Appellant, dated January 31,2018 Attachment 4: Public Comment from Chris Brown, dated January 31, 2018 Attachment 5: Public Comment from Michael Gismondi,dated February 1,2018 Attachment 6: Public Comment from Dale and Jan Sykes, dated January 29,2018 ATTACHMENT 1 Photographs of Applicant's Property 12418 SW 131St Avenue;WCTM 2S104AB,Tax Lot 8900 • r • ri .7._ . . -,- -.._:....,,- di 1 , 1i ____ ._ ■ ... -=— ---_-----.- _-, ____ __ti R ,,,, _ 1,,,, __ ,.... if.. _ _ �,i [[ + :.- ii . ._ _,„ :.„.1: etc E T1 �j 11111411 ,.., _... ..._._7,,,,,-....__. _. ,, 11. L i. .. Applicant's property (photographer facing east). Photo taken:January 22, 2018. 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Hedges and fencing (shown on the right side of photo) provide screening between applicant's property, and the directly adjacent property to the south (12446 SW 131st Avenue; \V( TN 12S104AC,Tax Lot 8700). Photo taken: January 23, 2018. \ /w.� IIS '(' t;''�/ ta. �Z.� � �.. Rte '11%; ' h r --0 '• ��ya— ># -'1.am ;t p • fid.,+ 1 ••":"-1:,?,(:, � y.!•.-�. .. �;1.S�' Agivir 1 if: �s��. -,,;,-/,1,4 f - 'r`Si A. 1 ,4111 \ f • .`,'1 : GSA'" /" 1. 4 it x s �'-.'.r vyi:f`t1� a 11%,` , S i 15Mr''s !`L i `^y` i• • \ 888 ti ;i',::-*A'"'-':47,--; .- t,:c 'a:'. / '.. t s ' �P ill; fir: r w • �. r . • t S Photo of walkway (photographer facing east). 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' , . rivh...„k - '--;- ... - - :111* - _ ,;,,,,,,..,•-,-, _ r, 144644• . 7, _./•:-. , .... - •••""16. , '. • .'t.V1Igi, el' '•-tA•-t•..•-s. e'..-.•e.... ...",' .f. ! ,e -'..e,, .le.,,...,Azt •„dr. 7 , * • : ,...-4.,,'. Ir , , • _ ..*4 - .. 11,'Aiiipee- '•.0 tl,..''. . A..... , ... , , _ ,,,,V.1,4: •*. ,..4111t o..... ll.. - -"....,,e, ' ' ._! , . _., . -%ri...e-- ---.•'' 4 J . ''' ' `0.' lie, t q'-'•( . t, ' ' ' 14 M,'IR%V•r:"'*---i 'i'; ..t . ''' . 4c....- , . . - • ' ' , : ', •' ... ...;',' A .,/SO Photo of walkway (photographer facing west). Tax Lot 9000 shown on the right side of photo. Photo taken:January 23, 2018. lir_ +—\--- \ -; } :111111 ^— :;f g!Itr-., ..0 - _ t�r r i f w.fit L- ` 'F a _.....1 •z IMP .; 'ti ` . . - -1 .- _ ...---1 : ;----. -------1 - _wealiall ig -- ‘,--wk , . A,,, . t . ,, F avt -•-• . _„-- +�... r •. f - ftla ek* •E , ..h' s1 a 111; -_a. iiiorm es ' :iz ' N r. i • Photo taken while standing in applicant's back yard (photographer facing north). Walkway is shown on the left side of photo, and Tax Lot 9000's elevated deck is shown on the right side of photo. Photo taken:January 23, 2018. ig' �. uiiIIHhIii 11 tdi 1!1;t ii .--' umur - ! MI/ 11i• . - i - }4 .. f} .i , 41,.. --,-,,,,, ...,,,, - 9,."-'' zilk; ,, c.. . .i mill i',1 >14'kk'!': 1 1..4.4*.- ''''."-- 't W •s .� 1 -.ray ~.i`' . ,c io • a -. ' ` tuitt I I r r ..r 4 !P' `{1 • C M +O/ .t+� -.", 3 r`#�" ' ` h-./ 1.r 6a mak; ATTACHMENT 2 ANDREW H. STAMP,P.C. ATTORNEY AT LAW Kruse-Mercantile Professional Offices, Suite 16 4248 Galewood St. Lake Oswego, OR 97035 Tele:503.675.4318 Admitted in Oregon. Fax: 503.675.4319 andrewstamp@comcast.net January 25, 2018 VIA EMAIL City of Tigard Hearings Officer C/o: Assistant Planner Lina Smith City of Tigard Community Development Dept. 13125 SW Hall Blvd. Tigard, OR 97223 Re: Virginia Hill—Home Occupation Permit City File:HOP 2017-00035 Our File: 7098.1 Dear Mr. Hearings Officer: This office represents the applicant,Ms. Virginia Hill, LCSW, in her quest to obtain a home occupation permit for her oncology counseling business located at 12418 SW 131' Street, Tigard OR 97223. We write to address some of the opponent testimony that has been submitted into the file to date. Opponent Heidi Brown first asserts that the applicant fails to meet the stated purpose of CDC 18.742.010(A)(1),which reads as follows: CDC 18.742.010(A)(1)provides as follows: A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small- scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; Opponent Heidi Brown alleges the applicant cannot meet this purpose because she already has established a sustainable business outside her home. (Appeal narrative,page 1). The December 4,2017"Notice of Type II Decision"never identified this code section as applicable approval criteria. We agree with staff that this is not a mandatory approval criterion. Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 2 This is a descriptive purpose statement,not an approval criterion.Baker v. City of Garibaldi, 49 Or LUBA 437 (2005), Cornell Park Assoc. v. Washington County, 16 Or LUBA 897, 904 (1988) and White v. City of Oregon City,20 Or LUBA 470,473-4 (1991).1 For example,LUBA stated in Baker: Petitioners argue that the city erred in approving a PUD that fails the purpose section of GZO 10.020 which provides: "The purpose of this article is to provide a more desirable environment through the application of flexible and diversified land development standards following an overall comprehensive site development plan." * * * * * GZO 10.020 is a generally worded expression of the basis and motivation for the PUD ordinance.The PUD regulations are clearly intended to ensure that PUD provide a more desirable environment than what is allowed in the underlying zone. Furthermore,petitioners make no effort to explain why they believe such a purpose statement becomes an approval criterion. The purpose statement does not impose any additional requirements upon the city in approving PUDs. (Emphasis added) Id. at 449-50. We do not see any substantive differences between the code provisions at issue in Baker and the one set forth in CDC 18.742.010(A)(1). The opponent is therefore wrong to argue CDC 18.742.010(A)(1)can legally form a basis for denial, even assuming the City had adopted findings to that effect(which,of course, it didn't). Next, even if this section is considered an approval criterion,the applicant easily meets it. Her private,part-time consulting practice is wholly separate and distinct from her work as a part-time employee of Compass Oncology,the largest independent cancer and hematology medical practice in the Portland area,with four office locations and over 38 physicians and oncologists providing medical oncology,hematology,radiation oncology, gynecologic oncology,pathology, and breast surgery services. The applicant's small-scale,part-time counseling practice is hers and hers alone. She chooses her clients, and determines their course of counseling, in her sole professional judgment. This is completely different from her work as an employee of Compass Oncology. The applicant's See also Standard Insurance Co. v. Washington County, 16 Or LUBA 30,34(1987)(descriptions of characteristics of a zoning district are not approval standards);Bennett v. City of Dallas, 17 Or LUBA 450,456,affd 96 Or App 645 (1989);Stotter v. City of Eugene, 18 Or LUBA 135, 157(1989); Beck v. City of Tillamook,20 Or LUBA 178, 185-86(1990),aff'd 105 Or App 276,812 P2d 16(1991),rev'd on other grounds 313 Or 148,831 P2d 674(1992); Tylka v. Clackamas County,22 Or LUBA 166, 173 (1991);Neuharth v. City of Salem,25 Or LUBA 267,278 (1993);Ellison v. Clackamas County,28 Or LUBA 521,525(1995); Sparks v. Tillamook County,30 Or LUBA 325 (1996); Rouse v. Tillamook County,34 Or LUBA 530(1998);Holland v. City of Cannon Beach,35 Or LUBA 482 (1999);Bauer v. City of Portland,47 Or LUBA 459(2004); Oregon Shores Conservation Coalition v. Coos County, 49 Or LUBA 1 (2005); Burlison v.Marion County,52 Or LUBA 216(2006); Grant v. City of Depoe Bay,53 Or LUBA 214(2007). Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 3 small-scale, selective counseling practice could not be sustained if she was forced to rent suitable commercial space on the limited income she earns seeing 18 clients per week. (See Applicant's November 13,2017 letter, incorporated into the December 4, 2017 "Notice of Type II Decision"as Attachment 1). Next, the opponents turn to CDC 18.742.010(A)(2),which states: A. It is the purpose of this chapter to: 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. This passage is also merely a purposes statement,but it is implemented by an approval standard,CDC 18.742.060(B)(3),which reads as follows: 3. Is undertaken in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. Opponents Heidi Brown,Michael Gismondi, and others allege the applicant's operation of a counseling service would be detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. Their concerns mainly focus on three issues: traffic,parking, and privacy. We address these issues in turn below. As with most approval standards,TCDC 18.742.060(B)(3)has a geographic component: "neighboring properties and residents." For purposes of analyzing traffic impacts,we define the phase as including all of the properties that take access from 131st Street. For purposes of evaluating privacy concerns and parking concerns,we consider the two abutting properties(i.e. 12401 SW 131' Street and 12499 SW 12499 131'Street)as well as the home across the street,which is located at 13116 SW Benish Street. Next,this criterion requires the city to interpret the meaning of the following terms: "detrimental," "disruptive,""appearance," and"operation,"As these terms are not defined in the Tigard Community Development Code,we must look elsewhere for definitions. According to Webster's Third New World Dictionary(Unabridged(1961),the term "detriment" means"to wear out, impair;"and"injure or damage or something that causes it." See also Merriam Webster Online Dictionary, 2017 edition. ("obviously harmful or damaging," such as "the detrimental effects of street crime"). According to Webster's Third New World Dictionary(Unabridged(1961),the term "disruptive" means"to break apart: rupture,""to throw into disorder(as in"demonstrators tried to disrupt the meeting")"or"to interrupt to the extent of stopping,preventing normal continuance of,or destroying"See also Merriam Webster Online Dictionary, 2017 edition. ("seriously interrupt the normal operation of.") Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 4 According to Webster's Third New World Dictionary(Unabridged (1961),the term "appearance" is defined as"externally visible"or"outward indication." See also Merriam Webster Online Dictionary, 2017 edition. (same). According to Webster's Third New World Dictionary(Unabridged(1961),the term "operation"means "the method or manner of functioning."See also Merriam Webster Online Dictionary, 2017 edition. (same). Using these definitions,we see that the gravamen of the standard is to ensure that the home occupation will not injure or damage neighboring properties or residents,either via the presentation of an unsightly outward appearance or via any operational characteristics of the business. We explore the operational characteristics of the business to see what negative impacts it could have on neighboring properties and residents. To recap what is stated in the application and record,the applicant's proposed use is a counseling service primarily for those afflicted with cancer as well as the friends and family of cancer victims. Some clients may be suffering from grief and loss issues caused by the passing of family. The applicant's clients are primary women and children. She will see no more than six clients in any given day, and here practice will be open three days a week: generally Wednesday, Thursday, and Saturday. The applicant shall see no more than 18 clients in any given week,between the hours of 8 am and 7:30 pm. All activities except arrival and departure shall be conducted indoors, in a portion of applicant's own home specifically set aside for this counseling purpose. Here,the operation of the applicant's home business will consist of a client arriving,parking in her driveway,walking into her house, staying for an hour or so, and then leaving. All counseling and interactions will be conducted indoors. The applicant will provide off-street parking for her clients in her driveway. Two parking spaces are all that is needed for this home occupation,and the driveway is large enough to accommodate two vehicles. Prior to arrival, clients will be instructed to park in the driveway. A photo of the front façade of the applicant house will be provided to the client in advance of their first meeting, so as to minimize the chance of the client going to the wrong house. Clients will be instructed to travel by foot around the left of the house(i.e.the north side of the dwelling)and access the dwelling from the back porch. Given this arrangement, it is hard to imagine how such a low-key counseling service could be described as"damaging" or"injurious"to the neighborhood by any rational person. Any resident with an active social life and frequent guests is far more"detrimental"to the neighborhood that the private counseling service the applicant is proposed. In this regard,the applicant(and any other resident of the neighborhood could host parties or religious events in which more than 18 guests could be invited to the property). Such activity would have far greater impact on neighbors than if the invitees arrive one at a time over a three-day period. Again, in this application, all the applicant wishes to do is run a quiet,unobtrusive three-day- a-week counseling service out of her own home,primarily for women and children effected by cancer. No-one could seriously argue that such a service will throw the neighborhood into disorder, break it apart,or seriously interrupt the normal operation of the neighborhood. It is unlikely the neighbors would even notice any counseling was even occurring in their neighborhood. With a Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 5 maximum of 18 clients per week, if we assume 60 minutes per counseling session,the applicant will only have a client present in her home less than 9.3%of the time.The other 90.7%of the time,the applicant will live in her house,using it solely as a residence,just as she does now. Several opponents raised safety concerns about the applicant's clientele, stating things like"I do not think it is a good decision to intentionally bring people to our neighborhood who could potentially bring harm to those of us who live here," specifically mentioning"pedophiles, drug addicts, cancer patients, families, children/adults with behavior disorders, sex addicts, etc. The list of potential dangers goes on."(See Shannon Duffy opposition email dated October 12, 2017). However,the applicant does not offer counseling for pedophilia,drug addiction,or other dangerous and criminal behaviors. Her clients are overwhelming middle and upper-class women and children. (See Applicant's November 13, 2017 letter, incorporated into the December 4,2017 "Notice of Type II Decision"as Attachment 1). In fact,the Tigard Police Department had the opportunity to review the land use application and stated they had no concerns or objections. "Notice of Type II Decision" page 3. In this case,there will be no signs or on-site advertising, or any other indication of a business presence. The only"outward indication"that the applicant has a client in her home will be the client's car parked in her driveway. In a neighborhood of around sixty homes, with close to a hundred private vehicles, it is hard to see how one additional vehicle sitting in a private driveway for an hour could seriously interrupt the normal operation of traffic, or parking, in the neighborhood. More specifically,regarding traffic, a local Tigard street such as SW 131'Avenue is designed to safely and efficiently accommodate 1000 trips per day. If the applicant sees six clients in a day(the maximum allowed),that adds less than 1%to the current traffic load on her busiest days. Such a miniscule traffic increase is infinitesimal and shall be undetectable to the neighboring residents as far as the carrying functionality of the street is concerned. Some of the neighbors have expressed concerns over a loss of privacy. For example,the neighbor living directly to the north,Michael Gismondi, expressed concerns that the applicant's clients will"completely destroy"his privacy as they walk by the property line abutting his house (Gismondi email dated October 12,2017). He implies these clients are dangerous people,as they "will be seeking treatment for crisis and mental imbalance."Id. Mr. Gismondi does not explain why strangers walking on a neighboring property owner's side yard will damage his privacy any more than, say,his neighbors having a barbecue on their rear deck with whatever number of guests that she might chose to invite. The neighbors simply do not have a reasonable expectation of privacy that involves being not exposed to the sight of strangers on adjacent properties. Furthermore,TCDC 18.742.060(B)(3) is intended to examine detrimental or disruptive effects on neighboring properties and residents in general,not on each neighbor by name.Unusually sensitive or private persons are not the standard; a"reasonable"neighbor is. Compare Erickson v. City of Portland, 9 Or App 256,496 P2d 726 (1972) (Variance cannot be granted based on reasons that are personal to the applicant, as opposed to the land in question). Unless one lives deep underground or behind ten-foot walls,urban living requires some compromise of one's privacy. Thus, we must ask the question: what is a reasonable expectation of privacy in a neighborhood such as this? All of the homes in the immediate area are two-story, which reduces one's privacy, as Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 6 neighbors in the upper windows can gaze into the backyards(and upstairs windows)of others. Neighbors are free to invite guests over, for backyard eating and socializing.Neighbors down the street are free to keep powerful telescopes and binoculars handy, for nosy and voyeuristic purposes. The opponents offer no arguments or evidence to explain why the piercing eyes of clients are so much more injurious to their privacy than neighbors, or those neighbors' guests and relatives. Given these realities, it is difficult to understand how a few women and children walking by Mr. Gismondi's property line will "completely destroy" his privacy. If that is so much of a concern,he is always free to plant a hedge, install fencing, or otherwise erect visual barriers to prevent these prying eyes from gazing deeply into his domain. Having said that,the applicant will install a fence at or just inside of the common boundary line to the property to the north. This fence will run to the east until it meets an existing hedge line. This fence will provide a visual buffer which will help ensure the privacy of the neighbor to the north. Opponent Heidi Brown's"third issue for appeal is in relation to the lack of restrictions set forth by the City,"referring to rules about parking, outdoor signage,hours of operation,etc. (Appeal narrative page 3). Ms. Brown appears distressed that the City did not impose additional restrictions of the proposed home occupation in its approval letter. A closer reading of that letter will show that the city did indeed consider these issues. In Section V, entitled "Applicable Review Criteria and Findings,"the City correctly found that these issues are addressed by TCDC 18.742.040 sections A through J, and the applicant met all those criteria. See"Notice of Type II Decision," pages 3 through 5. There was no reason for the City to specifically restrict or ban actions which are already proscribed by the terms of the Code. For the reasons set forth above,the applicant believes that the opponents appeal is without merit and respectfully requests that the Hearings Officer APPROVE the home occupation with reasonable conditions. Sincerely, ANDREW H.STAMP,P.C. /S/ Andrew H. Stamp AHS:ahs ATTACHMENT 3 January 31, 2018 To: City of Tigard Hearings Officer C/o Assistant Planner Lina Smith City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Re:Case ID Number HOP2017-00035;Written testimony on Appeal of Type II Home Occupation Applicant:Virginia Hill, LCSW Addresss:at 12418 SW 131st Avenue,Tigard,OR 97223 Dear Mr. Hearings Officer: I, Heidi Brown, am the Appellant in this case and also a Home Owner, Resident, Neighbor& Parent in the neighborhood impacted by the permitting of this Counseling Business as a Type II Home Occupation. I have a lot to say about the proposed business in relation to the code and the impacts on residents/neighbors. I am surprised (but not totally)by the applicant's attorney's desire to present me and other neighbors as"irrational"and "unreasonable" in our statements and expectations. I will tell it to you simple and straight: I'm a Neighbor, a Home Owner,a Long time Resident and a Parent. I have concerns.They are real. I am trying my best to relate them to the City codes,this is a new venue for me, and it is challenging/difficult. I am not trying to be anything that I am not,and I am not trying to misconstrue information. In fact, it is quite the opposite. I am trying to make sure all the information is presented forth right so the City can make an informed decision that is sound and in line with the codes. I am trying very hard to understand;to ask questions and to give my input as a resident which is what the City requests to support Individual involvement in Landuse Planning Decisions. I understand there are Codes on Home Occupation,Chapter 18.742.The codes are the structure that provides rights to those seeking to have a Home Occupation (the applicant)and they are to protect residential livability(for those of us just wanting to live in our homes/neighborhoods and provide a safe, comfortable place to raise our families). It is true, many of us neighbors feel a residential neighborhood is not the place for a Type II Home Occupation drawing in clients. We are especially speculative of a counseling business. In the beginning we were not clear on the type of counseling. It was never specified. We wrote letters,we expressed concerns and we got some answers. "Oncology;Women& Children, 3-4 days a week, 2 client cars to be parked in the driveway.Sure,the Applicants Attorney presents Oncology and women&children as seemingly harmless. But we still have concerns. Type of Counseling under the Licensed Clinical Social Worker classification is not limited by City Code or City Business License so counseling"focus" is left open ended when it comes to the code. This Home Occupation is only referrd to as"Counseling Services" (I will come back to this later). There is a "Gap" between what is proposed and what is allowed. What is proprosed is the Applicant's"Intent"and what is allowed is the"General Approval Criteria&Standards(18.742.040 A-J) and they are different. The Applicant is only required to be accountable to the latter(the code). As humans we know things do not always go a intended. Things change, but as long as the changes are within the code limits the Applicant is operating in compliance. This means, more days, later hours, an additional employee, a sign,those are all fair game. For the residents it changes the impacts; it changes the numbers; it is more intrusive. 18 clients could be 42 a week if she wants to work 7 days. But it is allowed. We would have no recourse. How can this be? The numbers can increase even more if she counsels all children because that requires an adult be present for every child;the numbers double. 1 This is what I mean when I say there are not enough restrictions to maintain our neighborhood livability.And I still cannot put my hands on the definition of"Client" is it number of people?No, Because in the case of a child there are 2 people but"1 client".What if she is dealing with a family that has 2 children needing counseling?Are they scheduled in separate 1 hr sessions?Therefore 2 clients or are they seen together and consider one "family"client. Why is this so important?Well because the number of people present create impacts on the Neighbors/Residents. And this would be the red flag that there is a problem You see, according to the code Section 18.742.060(B)(3) A Type II home occupation permit has an approval criteria that states the Type II Home Occupation is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. This is a "high level concern"and primary reason for my appeal. It is my impression that this whole permitting process takes place through and exchange of paperwork but not a required site visit. I recognize I could be wrong and apologize if that is the case. However,there are some very apparent elements that have an impact on Neighbors/Residents and they all point to the "Access" and foot-traffic created when clients are to access the basement of the residence.This activity of the business operation is what is detrimental and disruptive specifically to the residents at the property adjacent to the North where the Applicant has installed her new path. Let me draw your attention to the issues,then we can define detrimental&disruptive. Here is what the activity looks like: 1-The client arrives&parks in the driveway 2-The client exits car 3-Client descends outside stairway at Northside of house. 4-The client is walking within 5ft of the Northerly Resident's bedroom window. 5-The client walks across the patio 6-The Client opens the slider and enters the business. Here is what it sounds like: 1-"Boom"or"Boom, Boom" if it's a child client and car doors are being closed 2-The noise triggers the Northerly neighbor dog: "Yap,yap,yap,yap,yap" 3-"Clop,clop"go the feet or in the case of children:"jump,jump" 4-There is talking; "Come on Mom, let's go", "Man that dogs not Happy" 5-The mere presence of of people coupled with the sounds creates an interruption to the Activites of Residents to the North who are utilizing there outdoor living space on the deck or patio. There is loss of privacy and interruption to activities. 6-If it is dark;the motion flood light clicks on&shines to the Northerly Resident's bedroom window. There is distraction, interruption&loss of sleep and privacy; it is detrimental 7-The Lights at the patio&slider turn on,more light glare, more disruption *Wait 45 minutes and repeat, as the 2nd client arrives;then 15 minutes after that play it in reverse as the 1st client leaves. **Repeat 6 times a day, minimum (intent) 3 days a week, maximum (code allowance)7 days a week. This is a PROBLEM! And given we are dealing with people, I know a person can suggest and even demand others be quiet but the fact is you can't make them. One need look no further than their own children to realize this. I stand by my claim that the proposed Business does not meet Code Criteria of section 18.742(B)(3)with regard to being"detrimental"or"disruptive" in terms of"operation"to neighboring properties and residents. 2 Now, let's look at those definitions: Since the terms are not defined,the code refers interpretation to the dictionary definition.So I pulled out my dictionary,WEBSTER'S II New Riverside Dictionary(see attached for full definition) here is the reference t see as applicable ."detriment" means"2.Something that causes damage,injury or loss"; "disrupt" means"2.to break up: interrupt" these concur with the The Merriam-Webster Legal Dictionary definition of "detriment"and the standard Merriam-Webster Dictionary definition of "disrupt"as referenced online 2018 (Also see attached) If the activities the Resident to the North is taking part in while utilizing there outdoor living space are being interrupted then the actions of the Client proceeding to the business are"disruptive".Same thing goes if the Resident to the North is taking part in activites while in their bedroom/house and are being interrupted by the Client. Examples: Northerly resident is reading book on deck in sun. Presence of people &noise cause interruption to their focus.Cause them to stop what they are doing and look up,that's"interruption". Northerly resident is entertaining guest on deck, barbequeing,eating,engaged in social conversation. Clients proceding down walkway create a disturbance,trigger additional lights and cause a stop in conversation,that's an"interruption" and it is disruptive to the residents and their guests. Northerly resident is resting in bed and the motion flood light triggers sending glare even through the curtain causing a loss of sleep that is"detrimental" The ongoing disruptions on an hourly basis have a "detrimental"effect because they lead to a loss of privacy. Is this rational and realistic thinking? The answer is"Absolutely!"The Applicant's Attorney presents the idea that the applicant or any other resident of the neighborhood could host parties or religious events in which more than 18 guests could be invited to the property and such activity would have far greater impact on neighbors than if the invitees arrive one at a time over a three-day period. I disagree. It's like this. We bought our houses as residential dwellings we understand people have parties.That is part of living in your house. A party doesn't last all day.Typically a large portion of guests arrive close to each other in time and all wrap things up by a certain time. Even if that were not the case, parties don't usually happen 3 days a week;week after week. The disruptions created by clients accessing the business happen on an hourly basis,6 times a day they arrive&6 times a day they depart, minimum (intent) 3 days a week, maximum (code allowance)7 days a week. It is scheduled. It is routine. It is for the life of the business.This is not something a fence is going to fix. I am smart enough to realize that even if the Northerly neighbors are not out there every hour they are still impacted because every time that car door slams on arrival and departure the dog is going to be triggered to bark,even more so with the cars being in the driveway closer to the Northerly residence. I try to be realistic to understand that Residents have guests,who drive cars and make noise&trigger dog barking. But I don't know anyone who has guests every hour for a 6 hour period,arriving&departing daily.And again, I will say these are not guests,they are "Clients"their presence is driven soley by the business&their need for a service.They are scheduled. Their faces are everchanging.They are strangers.We are impacted by their presence for the life of the business. 3 At least when a neighbor has friends and family over you occasionaly get the chance to meet them,there are introductions,they become familiar and in some cases relationships are built between you. In the scenario of the business,the clients are just"added foot traffic",a disruption;from a neighbor perspective there is nothing to gain and a lot to lose. They are "Clients" and they want their privacy too...they will always be"clients" (this is not to discount the fact that they are people but to note the fact that they do not have a vested interest in the neighborhood, and they are not the equivalent of"house guests",they enter through a backdoor,they have a uniqe classification. The more I write about this,the more apparent it becomes that the business really doesn't belong in the neighborhood. While Virginia (the Applicant)sees a personal benefit, it's a detriment to the neighbors. The ironic part is that all the impacts created by the clients,through this part of the business operation are not even being felt by the Applicant. No, not felt by her at all because she is in her basement providing a service. Running a business.Shielded from the disruption and detriment. If she hypothetically placed herself on the other side of the property line, in the shoes of the neighbor,she might get it. You see we are Residents just trying to reside. That's what we bought our houses for. We don't have a business interest, never realized we'd be facing this problem. Virginia bought her house to promote her business plan. She began by making changes. And though she claims that she will be spending most her time being a resident,she has not made the initial investment to be a neighbor. She has been so self-absorbed in trying to get this business in place she doesn't know how great we are as people.She doesn't understand how we are just trying to protect the livability we have been accustomed to. She has not taken the time to build a relationship with us. She has explained that she works for Compass Oncology and in additon to that has her private practice. She says she's been doing this privately for 9 years.She has been doing it 3 days a week, 10- 16 clients a week. Why can't she just keep doing what she's been doing, where she's been doing it and not impact the neighbors? Fact is,with her Home Occupancy and the allowance of 7 days a week she could just make it a full time business here at her home. She can play her one employee card allowed by code and she can expand her endeavors. On this note I'd like to revisit the parking. If she has two.clients utilizing the drive way and adds an employee which would park in the street and the other household members(son, daughter, whomever) have to park in the street because the driveway is filled with clients what is that measurable amount of residential parking per household? I just want to check on this and gain the knowledge. I am really stuck on understanding why the city does not plan for the allowable and if they are,then look at impacts from the allowable measures to assure that requirements are still being met should the applicant alter her intentions to maximum allowable standards. I noticed also that Mr.Stamp,the attorney for the applicant references the business as providing counseling service,primarily for women and children effected by cancer. So something is not definitive. Either it is gender or it is type of problem, meaning clients are effected by something other than cancer. What is it?Things are not seeming to be as above-board and transparent as the Applicant has implied. It is becoming a fly under the radar and push through this business request operation. it has already changed from 3-4 days to 3 days to the reality that intent doesn't matter the code allows for the gamut. And there is concern over whether counseling will remain oncology or if her LCSW credentials allow for something else.(That would be a state licensing clarification) And it matters why? Because counseling is a mental health service that deals with emotions and self-control,coping and volatility; these vary with the type of problems being experienced,and the length of time the problem is experienced. Everyone has different thresholds. Grief,depression and anxiety can also be all encompassing and control one's responses and people lash out and lose control and it's not the kind of thing people want to draw toward their residence,their neighborhood or their Children. And even 4 though Virginia states her clients are Middle to Upper Middle Class, highly functioning individuals in the community,that doesn't really matter because even people of this caliber act out.We are gaurded based on events in society.Things like people snapping and going on killing sprees, people becoming abusive and assaulting others, people acting out who had no apparent, prior signs of a problem. People are people. They are complex and sometimes they simply reach their limits. It happens and we really don't want the risk, but I don't have a specific code for preventative protection. During the holidays you hear of increase in porch package thefts,and I say, I don't want to invite additional strangers'eyes to my neighborhood. This month there was an alleged attempted kidnapping by Marywoodward Elementary not far from here,and I say, I don't want extra strangers'eyes on my kids. When I reflect on the neighbor having things stolen from his garage, I say I don't want extra eyes on my assets. It's about exposure, and levels of safety.We are protective. Why?Because we are human. The relationship between a Client and Counselor is"Professional" not"Personal". And while Virginia claims to know her clients very well,she only knows them as much as they have been willing to devulge information to her. It is very similar to the City's position in the application process,You only know as much as has been presented to you. So when you tell me the Police and Fire have signed off on the process with no concern, I question was it apparent that the clients were walking down a path, between houses, in the dark of night, past a bedroom window? Did the City even realize this?Was it apparent? Or was it stated but no real attention drawn to it because no one mentioned bedrooms, windows or lighting? Please check into the lighting on all 3 fixtures used for the business and the impacts of the path. Double check with the police too and have them make a site visit to give a real evaluation on what they think about People, Darkness, Between Houses, Daily and Bedroom Windows. I just really want some checks and balances. Each Direct Code,and Ancillary Code that is affected by Home Occupation should be checked for sake of both parties(Applicant& Residents). One last thing, I want for all parties to understand the site information specific to the properties of the Applicant's Address of 12418 SW 131st Ave and the Resident Address Adjacent to the North which is 12400 SW 131st Ave. Please refer to page 4(four)of the Notice of Appeal letter which is attached to Land Use Decision Appeal Filing Form submitted on 12/19/2017. I want due attention given to the fact that a Wetland is located adjacent to these properties to the EAST. The Wetland is a positive contributor to the outdoor livability of those properties that are adjoined. It is a buffer between backdoor neighbors. Here, you do not have the 2 story houses behind you peering directly down into your backyard because they are located a significant distance across the wetland. For the same reasons,one does not have face to face interaction from your kitchen window to the neighbor's kitchen so you can watch each other do dishes. It is not like newly built residential developments of R-25 medium high-density zoning. The Wetland is a window to nature. It gives all the color changes of the trees, blooming of flowers,and provides a habitat to many animals(deer, racoon,skunk,squirrels, rabbits, birds of many kinds including Bald Eagle, Owls, hummingbirds,frogs, butterflies and the list goes on. Many of these critters make their way into our backyards, up our sideyards and the deer can be seen wandering down 131st. A tribute to the fact that we have little traffic in the neighborhood. These 12 vehicle trips will also impact the deer in our roadways. They prefer no cars.Cars cause them harm.The Wetland creates a peacefulness and connection with nature for those enjoying their outdoor living areas. It provides unity with nature as you enjoy breakfast on your back deck. As the Urban Land Steward, Megan Garvy noted in an informational letter to neighbors(Oct 2017), "The wetland is a hidden natural gem in the neighborhood." And the great thing is we residents are privileged because we have a front row seat from the comfort of our backyard living space. It creates a peaceful,tranquil, natural environment.The Wetland increases the privacy in our backyard living space. It is part of the 5 reason we purchased our houses. It is part of what makes our Neighborhood unique and special and more livable. And this business,with the aformentioned access issues take away from that privacy& disrupts the tranquility. My expectations are not unreasonable. The Applicant's Attorney just is not as knowledgeable because he doesn't live here. I do live here. I know,and I speak from experience. The City of Tigard Comprehensive Plan even acknowledges in the Housing Section page 10-1, "When it comes to housing,one size does not fit all. Each person seeking a new place to call home must find a suitable match between price, location, housing type,and lifestyle,which can be a daunting task." The Residents here have done their searching to find their preferrable homes to reside. I also know that when you buy a house you can improve a lot of things(i.e.-countertops, paint color, landscape etc) however the one thing you cannot change is the location. By approving this business the City is changing the environment around us. Residents get constant foot traffic,disruption and loss of privacy. Our standard of living will decrease from that which we know.Also,while adding 12 car trips a day through the neighborhood on a street that has a capacity for 1,000 and only currently is projected for 300 hundred is"infinitesimal"as referenced by the applicant's attorney;while true in terms of capacity, when you are a kid playing basketball and are bearing the personal impacts of the cars driving through your game;those are real impacts. But that's not something measurable by city code. Believe me I "get it". I recommend that Virginia put herself in the position of the neighbors and "try this on for size"to see how it feels from a Resident's perspective. As the given proposed business stands, I do not support what is not right.Not a single Resident should be detrimentally impacted by the operation of the the business, not for 1 day, not even for one instance,and certainly not for the life of the business. I hereby request that the Hearings officer Rejects the Home Occupation. Sincerely, Heidi Brown 12326 SW 131st Ave Tigard,OR 97223 6 Office Edition A new dictionary prepared according to the principles of Noah Wehr si, wEBsTERs II • pc .• TODAY'S • MOST UP-TO-DATE DICTIONARY! Over 55,000 precise definitions including many new words .111 t Style arid usage guides for scho,)1 ,1n(i lip-to-date biographic and geographu (,r11 r,, •' Latest computer and science tern 1 / 191.. lasc inciting word histories Especially abridged from the Univyrsity,edit ion • TABLE OF CONTENTS Preface Abbreviations and Symbols in this Dictionary vi Pronunciation Key viiiA New Dictionary of American English A—Z 1-805 Foreign Words and Phrases 806 A Concise Guide to Style and Usage 812-824 Style Guide 8i2 Clichés 819 Based on the hardcover first edition of WEBSTER'S II Redundant Expressions 822 NEW RIVERSIDE UNIVERSITY DICTIONARY Copyright© 1984 by Houghton Mifflin Company WEBSTER'S II NEW RIVERSIDE DICTIONARY A Berkley Book/published by arrangement with Houghton Mifflin Company PRINTING HISTORY Houghton Mifflin edition/August 1984 Berkley edition/August 1984 MI rights reserved. Copyright© 1984 by Houghton Mifflin Company. This book may not be reproduced in whole or in part, by mimeograph or any other means,without permission. For information address:Houghton Mifflin Company, One Beacon Street,Boston,MA 02108. ISBN:0-425-10267-X A BERKLEY BOOK ' TM 757,375 at::..Ity Books are published by The Berkley Publishing Group, 200 Madison Avenue,New York,NY 10016. • The name"BERKLEY"and the"B"logo zre trademarks belonging to Berkley Publishing Corporation. PRINTED IN THE UNITED STATES OF AMERICA 20 19 18 I7 16 15 14 13 12 H 10 • r détente ❑ devious 194 195 devise 0 diamond 5 • de-tente(da-link',-rant')a A relaxation deuce•(dabs,dy0Os)a L A playing card from a direct or straight course. 2.Straying and excessive discharge of urine. -ilia- .• reduction of tension,as between nations. or side of a die with 2 figures or spats. 2.A s from a proper way:erring. S.Not straight- bet'ic(-bet'ik)adj.&a de•ten•tion(di-ten'shan)a L The act of tie in which each side has 40 points for.+•ud s shifty. -de'vi•ona-nese n. di-a bol is (d'rb-boY-ilc) also di•a bol i detaining or state of being detained. 2.A dencet ((Rbs, dyeibs) a The devil. - devise(dl•vlz')v.-wised,-vis•ing. L To cal (•1-kai) adj. Exceedingly wicked : period of temporary custody that precedes Used as a mild oath. form or arrange mentally:contrive. 2.Law fiendish. -dill-boll-cal-1y adv. disposition by a court. 3.A forced delay. dents ex ma•ekinta (d3'vs eks ma'- To give or transmit(real property)by will. di-st•exit ie(di o-krle'11:)a A mark,as a de-ter(dr-til>')v.-terred,-ter-ring. To ka-na,-ni',mik'ana)a A character,de- ;. -n.�tw, 1.The act of giving or transmit- circumflex,added to a letter to indicate a discourage or prevent from acting,as by in- vice,or event suddenly introduced into a ring real property by will. Z A will or special phonetic value or to distinguish timidation. -de•tex'ment a literary work to resolve a difficulty. clause in a will that devises real property. words otherwise graphically identical. de-ter-gent (di-tar/ant)ant)a Any of var- deu-le-r1-u (dbbo-tit'c-am,dyb"o-)n. An de•vi-tal-lze(de-will-Iz)v. To reduce or -di'a•crit'i•cal,di'a•crit'ic adj. ions usu.synthetic cleaning agents that are isotope of hydrogen that contains I more destroy the vitality of. di-adem (dr'a-dim')a A headband or chemically different from soap. neutron in its nucleus than hydrogen does. devoid(di-void')adj. Utterly lacking. crown worn esp.as an emblem of royalty. .i de•tezi•o•rate(di-tit'e-arat')v.-rated, Den-teron-o•my (dot'ta-rOn's-me, do-voir (dav-war', dev'war')n. 1.often di•sere•ais(di-er'1-sla)n.var.of DIERESIS. -rating. To worsens degenerate. dyab'-)n. -See BIBLE TABLE, ,...,, devoirs.An act or expression of respect or di-n-210-81s (dl'ag-nb'sIs) a, p!. -ses determinant (dl-tflr'ma-nant) n. deutsche mark(doi'cha mark')a - courtesyacivility'. L Responsibility or duty. (-s ')• L Identification,as of a disease,by Something that influences or determines. See CURRENCY table, devolve(dl-vdlv')v.-volved,-volving. analysis and examination. 2.The result of deter mi nate(di-n1r ma tic)adj. Con- dswal•u•ate (d@-vil'yO at') v. -at ed, To hand down or delegate to another. di gnosis. --drag Host'v. -di'ng nas'- elusively. -acing. L To lessen or annul the value of. devote(di-vot')v.-voted,-voting. 1. tic(-nbs'tilt)adj. --di'ag-noa•ti'cian a determine (di-tie-min) v. -mined, 2.To lower the exchange value of(cut- To give or apply(one's time,attention,or di•ag•o•aal (dr-ig'a•nal) adj. 1. Math. -mining. i.To decide or settle authorita- rency) by lowering its gold'equivalency. self)completely- i To consecrate shallow. Joining 2 opposite corners of a polygon that tively or conclusively. 2.To limit in scope -dc-val'u-a'tion n. 3.To set aside for a special use<money arc not adjacent i Slanting. -a A diag- or extent:fix the limits of. 3.To be the devalue(di-v./rya)v. To devaluate. devoted to research> onal plane or line. --di-ago-nal-1y adv. determinant of:regulate<Need will deur- des-as-tate(dev'a-srsr')a' -tared,-tar devoted (dl-v8'tid)adj. L Showing ar- di'a-gram(di'a'gram')a A plan,sketch, mine expenditures.> 4.To reach a deci- bag. L To destroy:ruin. 2.To overwhelm ._':;,..-1 dent attachment or loyalty. 2.Affection- drawing, or outline designed to explain, Mon,as after consideration or calculation. 'overpower. -dev'as•te'tion aate. -de•vot'ed•I adv. demonstrate, or clarify the relationship 5.To ascertain the extent,position,qualry, de-vel-op(dl-vei'ap)v. 1.To realize the ,: dev,o-tee(des 5-te'.•r3')a A zealous en- among parts of a whole or to illustrate how or nature of something.*spas:BOUND,DE- possibilities of. 2.To grow,unfold,or ex- thusiast or supporter. something works. _-di'a gram'v. --di'a• LIMIT, DEMARCATE, LIAt1T -de•tefmi• pand gradually. 3.To make more available •; de•vo•sion (dl•vb'shan)a 1.Ardent at- gram'mat're (-gra-mit'ik), di n gram use bie adj. .de-ter'mi-na bly adv. or effective. 4.To elaborate or enlarge. 5. rachment or loyalty. 2.Religious zeal s pi- el-cal adi. -di'e gram mat'i cal ly -de-tex'mi na'tine a To acquire gradually. 6.To process(a pha ety. 3. often devotions. An act of adv de-ter-mined(dl-tt'lemInd)adj. L Firms tosensitive material) to make the latent religious observance,cap.private prayer. d•�(dr'al)a L A graduated,usu.circular resolute. i Decided or resolved. -dr image visible. 7.To progress from earlier m ' de-vour(dl-sour')v. L To eat up raven- face on which a measurement as speed,is ter'mined•ly adv. later stages of maturation. -de-vel'op-er '� ousiy. 2.To destroy or waste.3.To take in indicated by a moving pointer. 2.a.A ro- deterrent (dl-ttir'ane -tut'-)n. Some- a -de-vel'op-meat n. --de vel'op -'k enthusiastically<devour a spy novel> 4., tatable disk with numbers and letters that thing that deters. -adj. Serving to deter. menial adj. i electronically establishes a connection with To engulf. -de•voueer a -de•terr•ence a demi-ant(de've•ant)adj. Deviating from t',c-devout (dl-vont')adj. L Extremely rell the number to which a telephone call is • r detest(detest')v. To dislike strongly: a norm, esp.from an accepted standard. gious s pious. 2 Displaying piety or rover- made. b.The control that selects the sta • - . abhor. --de-test's blc adj. --dc-teat'a• --4e'vt-mice a -.dc vi ant n. tion to which a radio or television receiver aa- once. 3. Showing sincerity : earnest. bly adv. �le'tes sa'tiaa a deviate(de've-at)v-at•ed,.rat•itrg Tc is tuned. 3.a.A clockface. b.A sundial -de vont lyadv. -fie vonYaese n. • dethrone (da citron') v -throned, turn or cause to tarn away from a specifieddew(dab,dybb)a 1.Moisture condensed -'v-sled,-ai ing or-ailed,-al•ling. L -thron-ing. To depose(e.g.,a king). course or prescribed behavior. --a (-rt) i' To select or indicate by manipulating a from the atmosphere onto Cool surfaces, dial. 2.To call on a telephone. det-o-nate (dkt'n-3t') v. -Hat ed,-Hat A deviant person. -de�vi a'tion a P r usu.at night 2 Something moist refresh • - ing. To explode violently. de-vice (di-vis') n. 1. Something con- -.1i,'•;, di sleet(di'a icier}a A regional form of ing,or pure. -dew adj. a Ian -di'alec-tai adj. det•o-IIs•tor(det'n-a'tor)a A device,as seructed for a specific purpose,esp.a ma- �r DEW abbr. distant early warning. language. a fuse or percussion cap,used to detonate chine. 2.A plan or scheme:stratageta 3. t<, dewberry(dtReber'e,dyOt'-)n. A trail- di aloe-tic(dI'a-lek'elk)n.often dlnte'- tics(sing.in number. A system of argu- an explosive. An emblem or motto,esp.in heraldry. 1, ) ys , do-tour(d.0 to`or, di tdor') n. L A road devil(detral)a. L often Devil The ma �g form of the blackberry ment or exposition in which the conflict used temporarily instead of a main road.2 for spirit of evil,ruler of Hell,and foe o: ��'��'(dbb kl0',dy8b)n A vestigial between contradictory facts or ideas is re- • A deviation from a direct course of action. Cod:Satan. 2.A subordinate evil spirit: digit on the foot of some mammals. solved. --di'a lec'ti•cal,di'a•lec'tic adj. -v. To take or cause to take a detour. demon. 3 A wicked or malevolent person dewlap(d0blip',dyO,'-)a A loose fold di-a-logue also di-a-log(dl'o-lig',-log')a de•toz i fy (de-dik'sa fi') v. -fieri, -fe- 4.A person:individual<you lucky devil) • of skin that hangs from the neck of certain 7 A conversation between 2 or more per- ing. L To remove the effects of a toxic S.An energetic,daring,or clever person. E animals,as cattle. sons. 2.A conversational passage in a liter • - substance from(e.g.,an alcoholic). 2.To A printer's apprentice. -v.-lied,-iliac dew point ea The temperature at which cry work dew condenses from the air. dial cis di-il'i-Ms a, 1 -sec -sib). free from dependence on (e.g., drugs). or-died,411•ling. L To annoy,torment,o- 'S" ( ) p -de-toxi-H•ca'tion a harass. L To season(food)highly. dex-tori-ty (tick-scer'ia8) n. 1. Prof Separation of smaller substances from Larger• de-tract(di-teller')v. L To take away: devilish (dC a-lfsh)adj. 1.Of, reser ciency in using the body or hands:adroit- molecules or crystalloid from colloidal par- de-tract 2 Mental agility:cleverness. tides in a solution diffusion through • diminish. 2.To distract. -•de-erae'tion tiling,or characteristic of a deviltfiendis n. .-de•trac'tive adj. -dc-tractor a i Informal.Extreme:excessive. 3 dexterous(dfk'srrr•as,-stns)also der semipermeable membranes. (de-ttin')v. To leave or- e t• •evil-may-care(des al-mv-kit')adj. i trous(-stras)adj. 1.Skillful or adroit in di.am eater(dr am i•tar)a L a.Math.A cave a railroad train. -. Reckless. Z Rakish and carefree. using the hands, body, or mind. 2.Per- straight line segment that passes through detriment(det'rs-mans)a L Damage, a-vii-meat(dev'al-want)a Mischief. formed with dexterity. Syria: ADROIT, the center of a circle or sphere with both of injury,or loss. Las) a• that causes • vire advocate a A DEFT, FACILE, NIMBLE, SLrr'S -dealer its ends on the boundary. b.The measure Somethingperson who oi- ous•ly adv. --dsa'teroweness n. of a diameter. Z Thickness or width. esistri damage,injury,or loss. -det'rl mcn'tal poses an argument with which he or at: .tr (dek'stris')n. A sugar found dli•a met-ri-cal(dl'a-met'ri-kal)also di a• adj. -det'ri maa'sal•]y adv. may not disagree,as for the,sake of arg" , iA plant and animal tissue and derived syn- mat-rte (rile)adj. 1.Of,relating to or a-**'I•�+�a (di c�i'Ms) a• 1. meat or to determine its validity. meats,esp.those formed by the disintegra devil-try (dev'al-Ire) also devilry •_ theduily from starch. along a diameter. 2.Being exactly opposite tion of rocks Z Debris. (41-r8)a,p1.-tries also-lien. Nanton c: n �-abbr. diameter. •contrary. --di'a met'ri-cal ly adv. De-trait(dr-troit'). City of SE Mich.Pop. reckless mischief. �'a be•tes (dI'ab2 tis, ter)a A meta- diamond (drmand,dl'r) a L A very 1,203,339. de•vi•ous (dE'vF-as) adj. 1. Wanderibelie disorder characterized by excess sugar hard,highly refractive colorless or white in the blood and urine,persistent thirst, crystalline of carbon used as a gemstone r _5 disquietude o distend nn qul-c-tude (dis-kw i-tood`, -tyo"bd) openly dissenting,esp.in opinion or belief- ▪ A state of uneasiness.:anxiety. --dis'si•dence a —diesi•dent a • a-s-quinti-tion(dfs'kwl-zfsh'an)a A for- di:mina-i lar(dl sim'a-Iar)adf. Different. - - often written discourse. --41.1s•sim'i•Ias'iity a regard(dis'ri-gird')v. L To ignore. dis-ai-milz'tude (dis'a-mf't-food', _.o treat without proper attention:ne- -ty&sd')as. Lack of resemblance. .741.t .-.dis're gatd n. —dis'regard'fu1 dirsim-n late(dT-sim'ya-I3t')v. To dis- semble. "darre—member(dis'rT-mem'bar)v.Re- dia-aiipate (dis's-p2t') v. -pat-cd,-pat' if' • ^l. To fail to remember:forget. lag. L To drive away or dispel:scatter. 2 -repair(dls'rt-p3Y)n. The state of be- To squander or waste. 3.To vanish by dis- A.: �x neglected or in need of repair. persion. 4.To indulge in pleasure reek- ,=.` zasep•n•to bie (dis-rep'ya to-bai) adj. lesaly:carouse. 5. To lose (e.g., heat) • respectable. —disscp'n-ta•bly adv. irreversibly. —disesi pa•tion a a-, srr repute(dis'rs-py6 st')a Loss of repu- die'strci-ate(dl-sb'shg-3t',-sE-)v.-avid, y` t;: .;',.--:ns disgrace. .sting. To separate or become separated re•rpect(dis'ri-spat')n. Lack of re- from association with another:disconnect. • _tat courteous regard. -dis'rrsped'- ia•eo'ci-a'tion as. dis're-spect' •y•,, dis�strlute (dis'a l st') adj. Lacking :„... (dis-rob')v. To undress. moral restraint:profligate. —dis'solate'• (dls-n pt')v. L Tothrow into ty adv. —die'so•lute'neee n.or confusion. 2.To break up t in- dis•so-lu-tion(dis'a-laitshan)n. L Disin---diszup'tinn n —dis•rnp'tive tegration into component partstdeeomposi- i, tion. 1. Death. 3. Law. Annulment or ' (dis s3Yis fT) v. o fa' prion of a legal bond,tie,or contract. h Miief r a disappoint. —disgust'. .e.ea 4.Formal adjournment or dismissal of a leg- -.71. .t —disvireis-fled'ad). or ?` • e seect(di-sekt' tit dr'sake v. L To cut filature a assembly. ) dis•soIve(dlz61v')v..solved,.snly-ing. �`'K spit(tissue)for study or examination. 2. L To pass or cause to pass into solution .c analyze closely or thoroughly. •..dis• seetion a [dissolve sugar in watery 2.To melt. 3. s-sOet-sal(d13blt'tld,dl-)adrate Sot Di- To cause to disappear t dispel. t.To sepa- 4aded into numerous narrow segments or into component para:disintegrate. S. To bring to an end:terminate. 6.To break down emotionally. --dis•solv'a ble adj. '_ dissonance(die's-naps)as. 1.A harsh or J -� unpleasant combination of sounds:dis- cord. 2. Lack of agreement i conflict. a, ,���4I —dis'so nant adj. —dis'so•nant•Iy adv. �`� • /� t7 dissuade(di-swid')v• ..suad ed,•suad• ill l lag To sway or try to sway from a course ' "1 j ✓ 1 of action by persuasion. —dis-sua'aion n. `�:.�� Ali G —alis-ana'dve adj. 'f.`:-..• /'�`�N ' ' ```�, t dis-toff(dis'tif)a L A stick holding flax -��,- i or wool from which thread is drawn and -� spun by hand. 2.Women as a group. e die-tai (distal) adj. Anat. Located far from the place of origin or attachment 't" --= dis-tance(dls'nns)A L Spatial or chron- ,r---,- - dissected ological separation. 2 The length of a path,_ Dissected leaves esp.a straight line segment,that joins 2 points. 3.The space that separates any 2 irsem ble(di-stsm'bal)v.bled,tiling• specified instants in time. 4.a.The degree L.To conceal the true nature of. 2.To of difference separating 2 things in relation- ',,- maze a pretense of t simulate. ship. b.The degree of progress between 2 '`; •ditraem i-aate(dl-sem'a-nIt')v.-not-ed, points in a course. 5.Aloofness. 6.The :,.. -.saving. To scatter or spread widely whole way <went the distanced —v. u -.:_dimemmLare rumors —dis•sem'i-na'_ -teamed,-tanesing. To outdo. r also as. -dis•sem'i aa'tor a dis-tent(dis'tant)adj. L Apart or sepa- {y lrsetrelon(di�n'shan)a Difference rate in time or space. 2 Far removed<the = ae opinion:discord. distant past> 3.Coming from,located at, die-lent(dI-Sint')v. L To differ in opin- or going to a distance. 4.Remotely related. ', ma disagree. L To withhold approval or 5.Reserved:aloof. --dis'tant ly adv. mat. —n. 1.Disagreement. 2.Religious die-taste(dls-tast')a Aversion:dislike. amconformity. —dis•sent'er a --dis-tasteful adj. —•dia•easte'fnbly dirser-ta-tinct(dlear-t3'sban)a A for- adv. --dis-taete'ful•mesa n. f e ....1 discourse,esp.a doctoral thesis. dilutem per (dis-tam'par) a An infer- ":'' dis•serv-ice(dls-sttevls)a Injury:harm. tious,often fatal virus disease of certain , fleecy-er(drsev'ar)v. To sever. mammals,as dogs and cats. '-is-al-dent(dis'l-dant)adj. Strongly and dis-tend(di-stind')v. To expand by or as *Legal Dictionary detrinieiit 49 det•r tie,,, '� de-tre-mont\ Legal Definition of DETRIMENT i : iNjURv, Loss; also :the cause of an injury or !oss 2 : a giving up of a thing or mode of conduct to which one is entitled that constitutes consideration for a contract— called also legal detriment —detrimental 4 ;de-tre- men-tell adjective —detrimentally adverb disrupt *Standard Dictionary Definition of DISRUPT transitive vr:ri: 1 a : to break apart : RUPTURE • three periods of faulting disrupted the rocks—University of Arizona Record b : to throw into disorder • demonstrators trying to disrupt the meeting 2 : to interrupt the normal course or unity of • ... disrupted a bridge game by permanently hiding up the ace of spades .., —Scott Fitzgerald • can disrupt an industry with new technology —disrupter noun —disruption . \- rep-sham noun —disruptive \- rep-tiv\adjective —disruptively adverb —disruptiveness noun Both as referenced online by 2018 Merriam-Webster,Incorporated. 1 . . .,,. ‘. gow •ei!"�'"� `two:. .. , , ....., ... „_ .....„,..... .., s., _ 'x` r i1 , 4.4 e..+►�.� ii�t yam_...... .: Gov «. ----z---..----.....- v: r ' '^Y.''pr-067' . ,.. .„ , ..., „ ., 0, , ''' ., , .. fp) ., 1_ r a; f�t a yr'tfw.l+FrB..-wk �� _ tr T F w� r vim. ,.� s ., ,.,,,,.,,,. yam .► p ---D L/S DWI \IiE�(IJ/1 rnO nr)- ' 1 1 _f_ ci a.i fi:Oil �h eliLIV ` . L lin R eA k.o0 r 1it.ond i :1f is C.ei-r,IM eft i LI ------L 4Ae. r LOL l �- 10e\ n l . Oye xts i oss .= • ri,.s(),.v l Co.ytAc tf oeS r ale 01•t 1 dream . ATTACHMENT 4 Dear Hearings Officer, 1/31/18 I oppose this Home Occupation Type 2 application because there are no checks and balances for the residential neighborhood and neighbors. In 18.742.010 the purpose is to permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise. The applicant is a highly educated, successful professional who has been practicing for nearly 25 years. She has had her private practice for 9 years. (Applicant's November 13, 2017 letter to neighbors) She is now moving this practice into a residential neighborhood. In the proposal description,the proposed project summary,the applicants letter to the neighborhood, her attorney's letter to the hearings officer, it all references their proposed use. Their proposed use is less than what the code allows. There are no checks and balances. The code 18.742.050 is: b. no more than one outside volunteer or employee. c. no more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10 p.m. and 8 a.m. The proposals have no value because they are not limited by the code. The 18.742.050 code is 8:00 A.M to 10:00 P.M 7-days a week. So a rational person looks at the reality of potentially seeing 42 customers a week,which means the possibility of 2,184 customers a year from their bedroom window and from their deck. As referenced in Andrew Stamp's letter to the hearings officer,"this applicant's small, part-time counseling business is hers." Also, as referenced in Andrew Stamp's letter, "we assume 60 minutes per counseling session," without checks and balances and restrictions,this so called small business becomes a full-time business with the possibility of having an employee. 18.742.040 General Approval Criteria and Standards C. There shall be no offensive noise,vibration, smoke, dust, odors,or glare at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards. At this location,the motion detector floodlight will be illuminating the applicant's sidewalk as well as the neighbor's house directly to the North. This glare will impact their bedroom window and impact the deck. In Chapter 18.725.030 Environmental Performance Standards Letter E. Glare and Heat. No direct or sky-reflected glare,whether from floodlights or from high temperature processes such as combustion or welding,which is visible at the lot line shall be permitted. The code allows customers until 10:00 P.M. In the winter months,from 4:00 P.M.to 10:00 P.M.,this motion floodlight will consistently cycle on. It will cycle off at its preset time interval. It will be a consistent time clock. In a 6 hour period with overlapping customers, how much light pollution does a neighbor deserve? This problem can be alleviated by the customers using the front door of the structure. Code 18.742.060 Permit Procedures for Type 1 and Type 2 Home Occupations 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. The code allows 2,184 customers a year with a time of up to 10:00 P.M. This is detrimental to the neighbor to the North. The definition of detrimental, about damaging and harmful is not about physical injury. It is about the damaging appearance, no different than damaging testimony, or damaging to one's career or reputation. This externally visible appearance is the reason we purchased our residential lots with no backyard neighbors. This detrimental damaging operation impacts the value of our property. The continual flow of strangers walking down the side yard will be disruptive. The American Heritage Dictionary:to throw into confusion. That is what the neighbor's dog will hear and feel with every customer walking down the path. Without checks and balances the quality of life as we know it will never be the same. Restrictions on businesses in residential neighborhoods are a must to keep any quality of life at the expense of one neighbor who wants to make a few bucks. People go to the backyard for privacy,solitude, and tranquility. Not to see and meet the neighbors 2,184 business customers. Sincerely, Chris Brown 12326 SW 131'Ave Lina Smith ATTACHMENT 5 From: Jennifer Worth <jenworth@comcast.net> Sent: Thursday, February 1,2018 12:18 AM To: Lina Smith Subject: [QUAR] Virginia Hill Type II Home Occupation Business License Application Objection Case No. HOP2017-00035 Importance: Low To Whom it May Concern, We strongly object to Ms. Hill's proposal to move her business next door to our home. This is a violation of the CC&Rs attached to the deed of that property and a violation of our rights as homeowners. People who purchased a home in a residential neighborhood with the understanding that it would remain a neighborhood, not be transformed into a business district. We have been told that the City of Tigard will provide no real or direct oversight as to the type or number of clients Ms. Hill sees in a day,week, or month. Her operating hours would also be unregulated. None of these issues should even need to be considered by me, my family, or our neighbors. This should never have been allowed in the first place. It has already placed undue stress on our family and the families of our neighbors. Having any type of business in a residential neighborhood where clients are permitted to walk between houses is unacceptable. These clients would be walking between our home and Ms. Hill's. In choosing to grant Ms. Hill's application, the City of Tigard is depriving me and my family of any sense of security in our own home. Ms. Hill states that she knows her clients better than her friends, however, we strongly disagree with this statement. Ms. Hill's choice to ignore our CC&Rs and apply with the City of Tigard to operate a counseling business from her home is in no way "transparent and above board". Imbalanced people, strangers who would otherwise have no reason to come to our neighborhood,will be traipsing down the walkway between our houses. Some of these people may have weekly appointments and get quite familiar with the habits and routines of the families in the neighborhood. A counseling business operating next door is a huge risk for us. It affects us on many levels. People experiencing profound grief and depression can be extremely volatile. Virginia cannot control the actions of her clients. Our kids are outdoors on every nice day. They ride bikes and play games out in front or in the backyard. With the introduction of a business dynamic, the entire nature of the neighborhood will change. Ms. Hill failed to submit a correct copy of the CC&Rs with her initial application for the business permit. When Ms. Hill purchased her home, she agreed to abide by the terms of the Morning Hill CC&Rs attached to the deed. Her statement that she wants to "live in a caring and compassionate neighborhood where neighbors can watch out for each other and children can play" is lip service. She did move to such a neighborhood. This is such a neighborhood. Her actions have already begun to change the feeling of the neighborhood and created stress and upset all around. She signed a contract to be part of our neighborhood, then promptly turned around and violated that contract, in effect,violating the rights of my family and our neighbors to feel secure in our own homes and our outdoor spaces. Ms. Hill hiring an attorney to further push her agenda on the entire neighborhood and to disqualify and devalue our concerns and our quality of life is in no way neighborly. The approval of this business by the city in no way implies the approval of the neighborhood. This neighbor vehemently objects. Michael Gismondi 2 ATTACHMENT 6 Dale and Jan Sykes 12356 SW 132nd Court Tigard, Oregon 97223 CASE ID Number—HOP2017-00035 To Whom It Concerns, Please be advised that we,the residents of a peaceful quiet neighborhood of Tigard do not wish to have a counseling service in our neighborhood serving dysfunctional or mentally disturbed members of society. Our neighborhood is tranquil, peaceful, and a great environment for the children who play freely in the streets with their biggest worry is how to fix their boo boos when hurt playing. We walk our dogs,enjoy gardening in our yards, and love our charming community. We are a warm friendly neighborhood. Introducing a clinical counseling service, with strangers coming and going all day long is not what we signed up for.The possibility of one of these strangers hurting one of us, because they are disturbed in their grief or loss, and go crazy like the Las Vegas shooter is too big a risk for our community. These patients have issues, and we cannot afford to have those issues potentially interfere with our safety. Please deny this permit, it is not in the community's best interest.She can go set up counseling services in a business district, or clinical office setting in a professional building. This type of business is expected and zoned for in other settings other than our quiet, quaint neighborhood. Thank you for protecting our neighborhood, Dale and Sykes mak. -- —•;� . ' ., ' ht �L rr.ioY -7r,-.1. ..:,,--."---.0,--,!.:„w '.e. -._ .. ,3 ia 7-1 h Fil - ,i. •*1 _ jai _.-- . , MIN _ - Tit' ' ,— . _ -..,....-_-1,,- 4-- - .:.111.,...-..., - • - - 4 'Y )I.( r. ., ',:'—'lir J ; i wiii MOOR, .7....'S*44 i\.; .' ;.,',.Nt• ' .• .,. ..+..+mow is r.. "'ter_.t �r :. • 1', E V `.S • 'T ,L \ , --Imp " \ , _ LIII _ ,..„„,..-- , ; ,,,,. , t -- , ,/,,,4, • , ,,,ii,„, 6..-,-.,,,- _ 2 -r • • ., . 7-:;---4: r": . , 4 ,,_. ',Ili t u ....r... :.to�Y s:. . 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V li ' 4 \\ (1 \ '- •';;."7.1.-'''''; 1. , ^ 5-,•1'• -.."...,,:1/4,;-,-_,- 4,,.g..-z-, - - _ , _, / - / \\ s. ,, ,4t.---,.. - •',..'`'.:)."-'::::.4-'-:--‘•4iSli-4'.'',,''.;:::,-4:•:-',"?.,,,'. .t.:.- - , . . , / t ; 1., ; ...' ,,:o :„2,, ,,11'‘:,-.•Zi;r:-:37 ::“.:-44‘4N'-'::' , i i/ , :Ace,_ ., _- •+ ...1.''-'*'''el,.;F>r»--t--^ •'•.'" :,,;.17, .,,. ., ; =,' ' , -- ., ,''' '1'4'.4- 0-4,-,,if-:.' -: ,- i• '• --- -"I''' J.... - ..:...;.". -;.,.',.•:,:,..---x ,- ^ • _ k Photo of walkway (photographer facing east). .. /i ii .� � " � 1 - %-' '-'- -.. •" 4'7';', -- -Nit:-•:'::•,,, •-.':.:w0I'''''''44."::41‘.-1,,,;::- ,.'4.tf4 0,- -2C"ite rbtivi--_- - *41-_____T:1--7.---:.,`,..\._.....*,*f ---.,":,,,,iir:s;:\ /...:::-‘:, .:,..f.i: .,...,:i:-.,i,..::_,: ,_,,0-...r.„.i-.;;;:::: - .�. - - ,r.!kao air y �. .f. ,4.r�`Y i 'a :ice � 1A0 ___--- - ,I.-.1.\''..-••• •' ',-,...-.'...-',,,,F;.;.;:,-,-_'-%,,-7 , 'i': i ', f • *1 4*iIr w.1• .xt •_, Z -B , -° ;� 11.Vr ti i✓ �lI 'moi. �t gr_ • • . --.: .. . ,i.: , . A:.,,...,:k...,.-,ie..,,, r r Y v au• x ' `-''�-v Y. Si'• t�il't _ ',.{,12 trA r .r` .'• -r 4.. _n q.`•'`�" , .'I! ;ls Photo of walkway (photographer facing east). • , tit , . � ., ; r Y ►fit\� ., .k.c I, { o S yr fir.. I` 'E.•k 4i i, -*AA,'',.ty k. �_ c41 Fwas\. 1 .'t i.,t,„, - 4:i.' ,. i Nps,ssis i.Ya�z , 1. lr ; ..t. 4i ' 9\ •yup. . i. 1 / ! j x' . v i 0.,,„,** .Y ,' x t ,t S r,K444kr.—`, „,N.P „.."'''",':',2,,,, ' 4' fir”ti w 9 -moi S � ."el y t"'a ! ..,.,,,;;,,,,t ;• 4 yft- ...,.15' 'rib's , •' � L.. h.. Photo of walkway (photographer facing east). . .....................---, ... .., ..........m.; I \.‘, fir/ ......_______// "e'. .7_ ,. -------------, i •,\ — • • 1 i i 411efir. �`-;, , i' isto \. •-•.i.--i, ' / • •Fro .t • I .s, •4'43.,:,-.0 'Y ..6 1 • Y.: y - ••,...+wads.- - .' M` ... ',',-,,,cti'y, •..f .,w{a ?,fes`. {-4 l lir .+.-n` +" �'' r..�•' - * "7�.!'v Y is kms' _ -�.. ,- x §� ..ma�y,,• S !q.. � ro *•�' - .y �, ma' • , ..`� ro =Aa' • `i,.„, k,,. .,"•>,". . ',y_._pM{ S c.'t�•". • • • ...,:,,.,0, 'fin . . .r /s y ' til '4 ".'.77�T..';,:T.';'-,-,•: ........-4,-.,;•.0-c* ` ,,r. k •••!'„M••••• . R, At 7 °r•• ra '-:440,!,..''''•;'. ht .ss�i. ati '• ' • 1-.(., a art! Y r 44—!" n '$4e•rift. _ I.^ .hL 1 r �Q yi 4 .410:..77. r4 't ;+�`"�"' ?f M.��,.�.a •`'�. Y ` .,t. . . Ai "� • „1 r r?P"..,,,,:, t'.4. r•,'� ^UPf i•"i~ ..f L31 <.„'i ,' 47%_' f f�a .•W+".':. f\ - ' Y Photo of walkway (photographer facing west). f71 - i— { 11111% N. _ice , ` mik �.. � __-- \ -* 1111611111 K ,'� 'i'.Rte•1 ----r- t.. ;r '".s.. \_ - !.l �.,-t ,i: .`.{-per •- M ,y • J. • ill - . {l•/ 1. ,. {, ♦• ,7 '' - • i `f� e n i 4. is.� !••r 4.7 IMII 4,Agg ,. M Y +,..s ,r �'S«f" r,.µ' ,.,. i e .1,1: lb"'-"�- ?+5rr'a ' per --,'''.f4.44100.0,. 0 ,s. •r s. -77144t4" L Wf' �. " -. Photo taken while standing in applicant's back yard (photographer facing north). Walkway is shown on the left side of photo, and Tax Lot 9000's elevated deck is shown on the right side of photo. 'III III ,,I It,: • - , • ...., , . . . 1 L I I. , _ ,.,„„.„ < s s r,. � . .. r `,41140"14 19.�', • a RYf X.. • fk Y M '' H' Y - r 1 � e _� .. . -._ y r .�� as A.T * -+ 4V--R-- -,„ -' }tTI4 , 4 ,. -.0.,. ilt" .1.111111)11r.J1111(1,.„.' 'Pil!LIk, 0 - ,;is-IINIr,,4r..::,:,., Ift,.."-,,,,-.4 .,,, •- ...*; • • . • ,,t_ _ r I.'. "r ....ill, ,:=4.4.'b ..fl •f l •3 ,•!fir-"."-.41...,.....-...;$ ao .�a. /*r7 ! e...: y , 411114 • .1;-.._ i, , .. _.,-.0 .‘411k,_,..0,,i: . . ., . �; ;r '. :',,I.,. , . ;am u ► . .' .. �: F • ` •''✓ • wr ` •.i " •:, I ':.•. •°"-;i4• r. ..N + - 1 t " Y 4.';.: r •,• . . t ; t r"+ ue !y:.4..."t>t" a "F. "r--..,f�. r.' .' ' y ''• > '•. _ . a7*,'tp. >�f'�dF� l �7, .i1 ;4 _ �''YV,s �, S , ± , . � � • ./ .5' t:::.". .„Yr;_ �..,, xar? _. .,.—51\h. Photo taken while standing in applicant's back yard (photographer facing north). When is a traffic study required ? A traffic study shall be required for all new or expanded uses or developments when trip generations from development onto the city street at the point of access and the existing average daily traffic (ADT) fall within the following ranges (TDC 18. 810.030.CC): Existing ADT ADT to be added by development 0-3,000 vpd 2,000 vpd 3,001-6,000 vpd 1 ,000vpd >6,000 vpd 500 vpd or more (— Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak.We ask you to limit your oral comments to 3-5 minutes.The Hearing's Officer may further limit time if necessary.Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: February 12, 2018 PAGE / OF FILE NAME: APPEAL OF TYPE II HOME OCCUPATION PERMIT VIRGINIA HILL, LCSW CASE NOS.: HOP2017-00035 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral) - - (Speaking Against)- NameAddress,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. ,..,4,A ---.` , ' v..,,k' 1 a b s ti M/5". ' 4)(A)/ 1 -1-- li 27 LANAE 0r /3- .cli /3/5.1Xte _ 719,naL--(:)27 - -2' Z—-22,2 — — I , ,------ 2L)6i-1—.%--).. — — L —1 — — — Z.'22 - - Na Address,Zip Code and Phone o. I Nam ddress,Zip Code and Phone No. /IA .7il 'Y S w � o rd of +�1r • , C G4.-etc (d4 ,L 7-3Ire I/14? �rS a- 7;.-' C �2 `� 7 y, _ . ,s aa5 u CryG `%17.E Na e,Address,Zip Code and.Phone No. I Name,Address,Zip Code and Phone No. 11 c41 Lia 1(6--')(%),-))6) i t')nifir PLO.TA— I)1-133t , fi it 74f(- 1 ;W 1.513-t i C G,rt'� , -'- i'47) I t)-7,)2.3 503 /._ ?951 N. e, ,ddress Zip Code and one N Phone7 — 1 Name,Address,Zip, ode and PhN one o. • eiUt I �r It vt af - 14 6.€x tk (32--pi,v 1--i 1 4 0 6 P. _,>4, . -, , 1 / 2 -1 5-0 4-1-(-) "A"i.S. P 0 r\-j ‘t IL, ef n'P— ° 7-4-" (c' ' /-1,-}e 4, p--el f7 -Pt CY:— Name,Add_ress,Zip Code and Phone No. Name,Address,Zip Code a d Phone No. 't< -\\\‘i yi n, .)0,-7_,\tj,u).> t 1 .2_,Iniq vALZL---e<-- 2 2 - q71--7tL .fid, -R b o R 3-2-25_ _ _ _ _ _ _ _ _ _ _ _ _ _ — Name,Address,Zip Code and_Phone No. I Name,Address,Zip Code and Phone No. } ' a , IQ 0 0 d IA, h., 1 r ,,..,12- ..,--L A-A.i ) --L is -7 2_ ,.) - I L 1 -1 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak.We ask you to limit your oral comments to 3-5 minutes.The Hearing's Officer may further limit time if necessary.Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: February 12, 2018 PAGE o2 OF FILE NAME: APPEAL OF TYPE II HOME OCCUPATION PERMIT VIRGINIA HILL, LCSW CASE NOS.: HOP2017-00035 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral) - - (Speaking Against)- N`ame,Address,Zip_ipCode and Phone No. I Name,Address,Zip Code and Phone No. t OL ) 2 LIi tis' '31 T,cw,ek - 722 3 Gee,3 --7O 9- 2-1 ( 1 Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. L J 1-- Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak.We ask you to limit your oral comments to 3-5 minutes.The Hearing's Officer may further limit time if necessary.Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: February 12, 2018 PAGE 3 OF 3 FILE NAME: APPEAL OF TYPE II HOME OCCUPATION PERMIT VIRGINIA HILL, LCSW CASE NOS.: HOP2017-00035 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION -(Speaking In Favor or Neutral)- - (Speaking Against)- Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. 6.24) 1/1' 4r-4'1-- AC-"S`L) 1 t'ailet *13'000 , (- --i' (3a-a k 4 - 1 l'e 30(29 s,k4- IP1621''- Z7c0 atea-t-- , of? 7� 1-160-0) cv , Q) 3 � y Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. 1 ---_,3 c v,ek t--\kk---kt-‘7 I at-, t t) k 61(2-Q,.7tit.) . ' S.- —1- 5 \'' ' 1 ;-?`:- i L„ s ii,) \-- k PC1-1`t-- Nin e,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Q-rr �1 ��rJ` 5 1 f Z2 {- 131 Pa€, I Ns- -2Z --1� curd,IIIIM 3 iii MI MI Mi Mi Mi IM INI 1 Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. 1 I Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. 1 I Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. 1 I L J l J 0 .111 TIGARD REQUEST FOR COMMENTS DATE: September 27,2017 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCS@tigard-or.gov HOP2017-00035 - VIRGINIA HILL, LCSW - REQUEST: This application is for a Type II Home Occupation at 12418 SW 131st Avenue. The applicant proposes to provide in-home counseling services, with a maximum of six (6) daily clients. The home occupation will utilize 500 square feet of an existing residence. No external changes are proposed as part of this application. LOCATION: 12418 SW 131st Avenue; WCTM 2S104AB, Tax Lot 8900. ZONE: R-25: Medium High-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.742. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 12,2017. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: FILE NAME: HOP2017-00035 VIRGINIA HILL,LCSW Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director EMAIL CD/Buff Brown Sr.Transportation Planner(electronic copy) CD/Anna Dragovich City Administration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) ✓ Development Services/Development Eng.Khoi Le(Copy on all Notices of Decision) ✓ Building Division/Mark VanDomelen,Building Official ✓ Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) Public Works/John Goodrich EMAIL Engineering/Oscar Contreras (Addressing-ONLY electronic copy-Full size plan set) Hearings Officer(2 sets) Planning Commission (12 sets) City Attorney File/Reference (2 sets) LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* City of King City City Manager, 15300 SW 116th Ave,King City OR 97224* City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* City of Portland,Planning Bureau Director,1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager, 18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center(ZCA- Adopted)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr. Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179 (Notify if ODOT R/R-Hwy Crossing is only access to land). ODOT Region 1 Development Review Program, 123 NW Flanders St,Portland OR 97209* EMAIL Email: Regionl_DEVRE\'_Applications@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Routing TTRC-Attn: Renae Ferrera,POB 3621,Portland OR 97208-3621 (powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310 (monopole towers) OR Dept of Environmental Quality (DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District, 18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540 (Comp Plan Amendments&Measure 37) - See DLCD website for online submittal procedures. ONLINE OR Division of State Lands,Melinda Wood(WLUN Form Required). ONLINE submission. OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 I:\Community DevelopmentlLand Use Applications\HOP-Home Occupation Permits(II)120171H0P2017-00035 Virginia Hill LCSW 12418 SW 131st Ave LS15_Public Notices\Copy of moues arlir11> ats Notifi esllKl f 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS EMAIL US Army Corps of Engineers(Maps and CWS letter only) File size<10MB email to PortlandPermits@usace.army.mil File size >10MB upload to https://safe.amrdec.army.mil/safe/ EMAIL WCCCA 9-1-1,Ian Crawford,17911 NW Evergreen Pkwy,Beaverton,OR 97006(preliminary plats-subdivisions for street naming/numbering.Email:icrawford@wccca.com) Washington County Consolidated Communications Agency(WCCCA) "911",Kelly Dutra, 17911 NW Evergreen Pkwy,Beaverton, OR 97006(monopole towers) Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123-5625 (general apps)* Washington County,Cartography,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA Final Notice ONLY)* Washington County Principal Planner,Community Planning,Dept of Land Use&Trans,Planning and Development Services,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,ATTN:Current Planning,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124 (ZCA)* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,310 SW Park Ave,11th Floor,Portland OR 97205 Century Link,Attn: John Pfeifer, 1600 7th Ave,Rm. 1314,Seattle,WA 98191-0000 (Annexations) Century Link,Samantha Ridderbusch,Local Government Affairs Director,310 SW Park Ave,11th Floor,Portland OR 97205 (Annexations) Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 SW Hillsboro Hwy,Hillsboro OR 97123* Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005 (See map for area contact) EMAIL Frontier Communications Email:John.Cousineau@ftr.com and Julia.Smith@ftr.com. NW Natural Gas,ATTN:Annexation Coordinator,220 NW 2nd Ave,Portland,OR 97209 (Annexations only) NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 Oregon Health Authority(OHA),Oregon Medical Marijuana Program,PO Box 14450,Portland,OR 97293-0450 Oregon Liquor Control Commission(OLCC),Recreational Marijuana Program,Attn:Amanda Borup,PO Box 22297,Milwaukie, OR 97269-2297 Portland General Electric,Service and Design Project Manager,2213 SW 153rd Drive,Beaverton OR 97003 Portland&Western Railroad,Inc. (Burlington,Northern/Sante Fe R/R predecessor),Kirk Bedford,General Manager,1200 Howard Dr SE,Albany,OR 97322 EMAIL Pride Disposal Company-copy on ALL Notices (kristinl@pridedisposal.com) Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* ✓ Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* EMAIL Tualatin Valley Water District,Administrative Offic.Email: ryan.smith@tvwd.org and sarah.alton@tvwd.org Tri-Met Transit Development,Ben Baldwin,Project Planner, 1800 SW 1st Ave#300,Portland,OR 97201 (If project is within 1/4 mile of a transit route) Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503- 249-3079) *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects (Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Joe or Doreen if you need updates to it.Thank you. I:\Community DevelopmentlLand Use Applications\HOP-Home Occupation Permits(II)120171H0P2017-00035 Virginia Hill LCSW 12418 SW 131st Ave LSl5_Public Notices\Copy of ftveadric08113.9ts Notifi esadOi f 2 II 11 p In TIGARD REQUEST FOR COMMENTS DATE: September 27,2017 TO: Per Attached OCT 0 5 2017 FROM: City of Tigard Planning Division CITY OF TIGARD PLANNING/ENGINEERING STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCS@tigard-or.gov HOP2017-00035 - VIRGINIA HILL, LCSW - REQUEST: This application is for a Type II Home Occupation at 12418 SW 131st Avenue. The applicant proposes to provide in-home counseling services, with a maximum of six (6) daily clients. The home occupation will utilize 500 square feet of an existing residence. No external changes are proposed as part of this application. LOCATION: 12418 SW 131st Avenue; WCTM 2S104AB, Tax Lot 8900. ZONE: R-25: Medium High-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.742. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 12, 2017. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact of our office. — Please refer to the enclosed letter or email. — Written comments provided below: — Name&Number of Person Commenting: V,4 ,,,,,de/ J, @ ,i30,4-0 qi 5d3 .1%8.2561 V EVED • III City of Tigard SEP 1 9 2017 NI COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Master Land Use Application �t ANN1NG/ENGINEERNG TIGARDaammosesoammommes LAND USE APPLICATION TYPE ❑ Adjustment/Variance (II) ❑ Minor Land Partition (II) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development(III) El Conditional Use (III) ❑ Sensitive Land Review(II or III) ❑ Development Code Amendment(IV) ❑ Site Development Review(II) ❑ Downtown Design Review(II,III) ❑ Subdivision (II or III) ❑ Historic Overlay (II or III) ❑ Zone Change (III) Home Occupation (II) ❑ Zone Change Annexation (IV) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) 7TIfR 11 4 Q& L7oUvL PROPERTY INFORMATION (where proposed activity will occur) �- Location (address if available): /o,H I SCA.) ) FDI St A - f 1 0 obr 671 7 12-3 Tax maps and tax lot #s: \C 1 C C a Total site size: 0. 1-* Zoning classification: £---2S' t.OR STAFF l tiF ONLY APPLICANT INFORMATION Case No.: 41C)P 200 - 0 0 03S Name: V I Yl,t Gk l I Related Case No.(9: Mailing address i d-. { ,�"t 1 S SL12 ( S÷ 1, O ► City/state: l I a D k ct '77 2_ 1�Pplication Fee: ` p_ Application ac epted: Phone number: 5 g�0 I ol I By: 01 /3 Date: / 9/i 1 Primary contact name: VI Ve a / 1Phone number: 5,0 ' 0 i D-7 Application determined complete: f_ bEmail: Vt � t r � Q V 1 1 ( ( I �- `� t� � �/f C.C��Y'y� By: 1 ,� bate: � IR-t� L\CURPLN\Masters\lend Use Applications Rev.11/25/2014 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 • PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Mailing address: City/state: Zip: Phone: Email: *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the applicadon(s). Applicant's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SI(jr ATURES of each owner,of the subject property required .�- 11In/ ` i ( ( 7 Owner' gnature Print na Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or,gov • 503-718-2421 • Page 2 of 2 R475- __ 5- - _ Zoning Map (PD) Generalized Zoning Categories R-4.5 1.11 cr 73Zoning Description r" Z ry Zrn i Residential ry G j Mixed Use Residential 6V,, BE •-SI •Mixed Use Central Business District � - - 2 .\ � %� ___ j. i Commercial �R_25 r, il , , i ',,,-.../ Mixed Use Employment \ i 1 . Industrial \ 1 -� - i_.- Parks and Recreation Ir- _ sEN�SN ST / -Washington County Zoning _ R,4.5i o Qverl�v Zones I ICIW Historic District Overlay Q _�-- Z R-25 1 -- -_, Planned Development Overlay M ct W P M I - P Subject Site e-, m - �I-----_____� � 6 O U N E F F ST `l'� i T- -\---------\�, I--- i z —J cd, cr i R-4.5 MORNING f I Map punted at 03:21 I'M on 2b-Sep-1( - -- '. D !�� Informatwn on I've map is Development location only Division, De verified wrth the j R-25 ' '!! j / DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRH OF TIGARD MAKES NO ' � WARRANTY,REPRESENTATION DR GUARANTEE AS TO THE CONTENT,ACCURACY, % '.` TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE i Z F--- CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR —� / / v / ..J i INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 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I . ; 101 .-i , :,:,.i- — Ilik--..4,-,, ,, - ,,, ,---5i, ...,...-••••-„‘...r •••'...- f:- • . , , ,,„ • " Jazil-.• 1.,rtlei'-;`-•4•,;;.-- - -• ...•,. — ..•- ' - •,_ ,.,.•.,•••,4 __.• _.• :,_ Imagery©2017 Metro,Portland Oregon,Map data©2017 Google 10 m WV %-... - . . . . •• 1.1 ._ . . i ., .•- - -. l', .- r.•, , -.; \ S n ,..... ,.. ,.....„ .„._ ..,.. ,.. 14' - :'.....,...:- . .• .....1 • Ill _.... , „ •...„.„. _: ... . . . ...• . lit., , . • . 4 1 4i, • , -,,,- '4x,..-:46, - ' 1 :::,, 4: ,,.r,,, i . 1.-. .. .. ,..- . , ..- -ir.., , .... 1 , _ - 1 ''''.1.*.....•) • ---., . ' . •. „., _ . ' ,•^' ' • - 4 ''.°*-' ,':It i, 7-:- -• •• - , . : ....,-. ._,., ,- •r.,, . • 12418 SW 131st Ave Tigard, OR 97223 • • . „.: ,....,., tw4 ._ .. .. I___.-..„'„,- ,._. -=ex • -- -, -• ,„.., I --•-•**, -.•'• : •.,,, _ •-.. - . _ ....., • . e f - ' .-' -,- '.1' ! . ' . • '''''''''::' ' ..'•a,-.‘,.., •L.., :if. 01112!;11' .: .'• . . Go Cg e Maps 12418 SW 131st Ave - t . { ; F - . r i, , Y :V Iv ,f w t:',. ';,- ,A104 , "I .—' f$4.-j.......Z..; (--`..it . rs. V-y �' f Ss .. V d *. * t t. ➢. tw 4 9,• t �qi. K-: 4 ? • F �•,'. 1'418 sovthwns! "• _. 't'"1,. ."e t!' < r 1.11 1 Avanu• ? • . r. ^01_ 6� i •::,,.. ' � : 4 �) aria -4 sir, �in, '_ r '' P. r; '''', II' .. ki* -'.:: s, .thot,,,--, .,,.. .,.,,,,.., . . ., ,,,,,.. V Imagery 02017 DigitalGlobe,Metro,Portland Oregon,State of Oregon,U.S.Geological Survey,Map data Q2017 Google 50 ft Proposed Project Summary: To obtain a Type II Home Occupation for Virginia Hill, LCSW at her home residence located at 12418 SW 131St Avenue in Tigard OR 97223. The business is a licensed clinical social worker providing counseling services. My plan is to see 15-20 clients per week in a home office. I would work 3 to 4 days per week, seeing four to six clients a day, by appointment only. The clients I see would not be a disruption to the neighborhood. My practice consists of adults and children that are generally all higher-functioning"solid"members of society. I do not work with people who have active addiction or criminal records/behaviors. My business will occur entirely within the house. The business will use approximately 500 square feet in the daylight basement of approximately 2500 square feet of my home. My home sits on a lot size of approximately 7405 square feet. My home occupation will not require any on or off street parking other than that normally required for a residence. I have adequate parking on my driveway for two clients,but usually there will be only one car at a time as I see one client at a time. No external changes are proposed as part of the application.An existing walkway was improved along the garage side of the house with a railing added for safety. A window was changed to a door for ease in accessing the daylight basement. Lawyers Title of Oregon, LLC 6000 Meadows Rd,Ste 100, Lake Oswego,OR 97035 Phone:(503)968-1082 I FAX:(503)968-1852 BUYER'S STATEMENT Settlement Date: April 14,2017 Escrow Number: 871700640 Disbursement Date: April 14,2017 Escrow Officer: Shelley Williams Buyer: Virginia Ann Hill 2565 Bree Court Lake Oswego,OR 97034 Seller: Gary S.Catalano and Diana L.Catalano 12418 SW 131st Avenue Tigard, OR 97223 Property: 12418 SW 131st Avenue Tigard,OR 97223 Lender: Directors Mortgage Inc.ISAOA 4550 SW Kruse Way,Ste 275 Lake Oswego,OR 97035 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION Sale Price of Property 469,900.00 Deposit or earnest money 5,000.00 Loan Amount Directors Mortgage Inc.ISAOA 244,900.00 Seller Credit 3,600.00 PRORATIONS/ADJUSTMENTS County Taxes at$5,476.37 04/14/17 to 07/01/17 ($5,476.37/365 X 78 days) 1,170.29 Seller rent @ piti x 14 806.82 NEW LOAN CHARGES-Directors Mortgage Inc.ISAOA Total Loan Charges:$1,528.03 Lender Credits Directors Mortgage Inc.ISAOA 2,142.88 0.875%of Loan Amount(Points) Directors Mortgage Inc.ISAOA 2,142.88 Underwriting fee Directors Mortgage Inc.ISAOA 895.00 Appraisal fee Directors Mortgage Inc.ISAOA $745.00 paid outside closing by Buyer Credit report Directors Mortgage Inc.ISAOA 40.00 Flood cert Directors Mortgage Inc.ISAOA 16.00 Tax service Directors Mortgage Inc.ISAOA 78.00 Prepaid Interest 499.03 $29.35450 per day from 04/14/17 to 05/01/17 Directors Mortgage Inc. ISAOA TITLE 8 ESCROW CHARGES Title-E-Recording Fee Lawyers Title of Oregon,LLC 10.00 Title-Escrow Fee Lawyers Title of Oregon,LLC 735.00 Title-Lender's Title Insurance Lawyers Title of Oregon,LLC 344.00 Title-Mobile Signer Fee 175.00 OTIRO 205.1-06-Planned Unit Lawyers Title of Oregon,LLC 50.00 Development(ALTA 5.1-06) OTIRO 209.10-06-Restrictions, Lawyers Title of Oregon,LLC 100.00 Encroachments,Minerals-Current Violations(ALTA 9.10-06) Policies to be issued: Loan Policy Coverage: $244,900.00 Premium:$344.00 Version: ALTA Loan Policy 2006 RECORDING CHARGES Recording Fees Lawyers Title of Oregon,LLC 242.00 Deed $51.00 Mortgage/Deed of Trust $191.00 Washington County Transfer tax Lawyers Title of Oregon,LLC 235.00 ($470.00) MISCELLANEOUS CHARGES Homeowner's Insurance Premium 887.00 Page 1 of 2 (871700640153)April 14,2017 9:24 AM P BUYER'S STATEMENT-Continued Subtotals 477,519.20 256,449.70 Balance Due FROM Buyer 221,069.50 TOTALS 477,519.20 477,519.20 I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the Settlement Statement. BU ER: i Virgini.4 nn Hill I have caused or will cause the funds to be disbursed in accordance with the Statement which I have prepared. To the best of my knowledge,the Settlement Statement which I have prepared Is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. Lawyers Title of Oregon,LLC Settlement Agent Page 2 of 2 (871700640/53)April 14,2017 9:24 AM P Pre-Application Conference Notes for Virginia Hill, LCSW (PRE2017-00047) Type II Home Occupation September 19, 2017 PLANNING STAFF PRESENT: • Lina Smith,Assistant Planner APPLICANT: Virginia Hill, LCSW TAX MAP/LOT NUMBER: 2S104AB08900 PROPOSAL DESCRIPTION: Type II Home Occupation at 12418 SW 131st Avenue to provide counseling services,with a maximum of six (6) daily clients. COMPREHENSIVE PLAN DESIGNATION & ZONING: Medium High-Density Residential District; R-25 PROCESS Type II application process that includes: • Completeness review (first round can be up to 30 days) • Staff will contact applicant for payment of public notices that will be mailed to property owners within 500 feet of the site • Once application is deemed complete, review can take approximately 4 weeks o 2-week public comment period is included during review time • Decision will be Approved,Approved with Conditions, or Denied • 10-day appeal period after decision is issued SUBMITTAL MATERIALS • Master Land Use Application • Copy of Title Transfer Instrument or Grant Deed • Filing Fee: $303 ADDITIONAL COMMENTS OR CONCERNS: • Building, electrical, mechanical, and/or plumbing permits may be required for any interior work. PREPARED BY: Lina Smith, Assistant Planner 1--6 2on -- OOOS RECEIVED October 1st, 2017 OCT 022017 CITY O •;'Ir��P� PLANNING/ENGINEERING To whom it may Concern, As a resident in the neighborhood near the proposed Type II Home Occupation License, I am strongly opposed to having a home serving potentially emotionally or mentally challenged people in our neighborhood. This neighborhood is quiet, full of children playing on the street at all times of daylight, with and without parental supervision.The possibility of them having contact with unstable persons is totally unacceptable and dangerous. We all bought our homes with the expectation of a quiet residential neighborhood, not a commercial zone, and certainly not a neighborhood that could be inviting undesirable people into it for profit, or worse,that may cause harm to us the other residents. We have no way of knowing who, or who is not capable of causing problems for us and our children. This is problematic at best, at its worst, potentially life altering. Please reject this improper use of a neighborhood. Sincerely, Dale E. Sykes 12356 SW 132nd Court Lina Smith,Assistant Planner • TT City of Tigard )1)_ '7 -, C_V r Planning Division 13125 SW Hall Blvd. Tigard,OR 97223 ECEIVED Email: LinaCS@tigard-or.gov OCT 092017 Re: Case ID Number: HOP2017-00035 CITY OF TIGARD We object to the operation of businesses in residential neighborhoods. PLANNING/ENGINEERING We object to this application due to the following reasons: • Additional neighborhood traffic will be caused by the operation of this business • Parking that was not planned for in our neighborhood will required by the clients of this business • The operation of this business will bring the people into our neighborhood that otherwise would have no reason to be our neighborhood In general we feel that businesses, especially those that cause additional neighborhood traffic and the associated parking requirements, should be operated in areas zoned for businesses and not in residential neighborhoods! Thank you; „7.7 /7•4Z.A.5;1 --- ealt Tom Moore Carolyn Moore 12427 SW Morning Hill Dr. 12427 SW Morning Hill Dr. Tigard, OR 9723 Tigard, OR 9723 Lina Smith From: Gladys Drummond <gladys.drummond@frontier.com> Sent: Tuesday, October 10, 2017 1:07 PM To: Lina Smith Subject: [QUAR] 12418 S.W. 131st, Property use change Importance: Low We have several points we are concerned about. Zone change might open up many such changes could destroy residential atmosphere. This is a very child friendly area and we would not like the increased traffic. Impact house values. types of people being counseled also parking issues Gary& Gladys Drummond 12367 S. W. 131st Avenue Tigard, OR 97223 (503-590-5249 1 Lina Smith From: David Finnigan <dfinnigan@kerrcontractors.com> Sent: Wednesday, October 11, 2017 9:01 AM To: Lina Smith Subject: Case ID Number HOP2017-00035 Type II Home Occupation at 12418 SW 131st Ave Lina, We are very concerned and very much against this address using their home for any type of in home business. Our neighborhood has a lot of kids running around and fair amount of traffic comes up and down 131St Ave without anyone opening up a home business that clients will be frequenting. The clients will be unaware of the children that are playing in and on the streets. We do not want additional cars parked on the roadway either. There is a potential to have someone with mental health issues lurking on my street if this were to be approved. That is completely unacceptable. We bought our home to raise our children in a quiet,family oriented neighborhood and will not stand for this or any other business to be run out of homes nearby. Again we are concerned with the traffic,street parking,the children,the clientele, potential for dropping property value, etc. Please call me anytime to discuss. David Finnigan Kerr Contractors Inc. Phone 503-349-7812 dfinnigan@kerrcontractors.com 1 Lina Smith From: Lina Smith Sent: Wednesday, October 11, 2017 9:31 AM To: 'Jerod Hafer' Subject: RE:Case ID# HOP2017-00035 Mr. Hafer, After a Type II land use decision is issued, there is a 10-business-day appeal period (keep in mind, our office is closed on Fridays). Anyone who received the mailed public notice and/or submitted written public comments on this case is eligible to appeal (the appeal fee is $250, and appeal forms are available online or at the City of Tigard Permit Center). The appeal would require a public hearing before the Hearings Officer,who will be reviewing the appeal to see if the application and/or decision did not meet the applicable criteria in our Development Code: http://www.tigard- or.gov/DevelopmentCode/18742 1.pdf. The application is still being reviewed, and we're still in the public comment period. I'm going to be out of town next week, but please let me know if you have additional questions. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov Original Message From: Lina Smith Sent: Wednesday, October 11, 2017 9:00 AM To: 'Jerod Hafer' Subject: RE: Case ID# HOP2017-00035 Thank you. I will incorporate your comments into the land use case file. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov Original Message From:Jerod Hafer [mailto:airjerhaf@yahoo.com] Sent: Tuesday, October 10, 2017 9:42 PM To: Lina Smith Subject: Case ID# HOP2017-00035 i Hi Lina, My name is Jerod Hafer and I have been a resident of 13097 SW Bouneff St. for over 7 years now. I am writing to you in response to case # HOP2017-00035 Virginia Hill. I definitely have concerns about a small business with clients opening up across the street from my current residence. This neighborhood has a lot of young children, including 2 of my own and I am concerned with the amount of extra traffic the business will draw to our street. I am also concerned about the clientele. I am not sure of who she treats or will treat in the future. Will her clients be respectful of our quiet neighborhood and not park on the side of the street?Will they obey traffic laws?What will happen if they arrive early to an appointment,will they loiter around the area?Will the owner carry extra insurance to deal with issues if they arise to other home owners' property? So, safety is definitely a concern of mine. I am also deeply concerned about home values and the affect that a small business may have on my property value. We live in a neighborhood where owners have worked hard on their homes in hopes of keeping property values up. I would be upset to see my home value drop, because of this proposed business. Not to mention, that we do pay a fair share of property taxes to live in a nice area. I would really like to see this proposal denied. I don't have any issues with the current owner, but I believe that business should be conducted in an area away from residential dwellings,where residents are trying to live and relax. If the proposal does advance,what other measures can we take as a neighborhood to fight it? Thank-you Jerod Hafer Sent from my iPhone 2 Lina Smith From: Lina Smith Sent: Thursday, October 12, 2017 1:11 PM To: 'angeliou hafer' Subject: RE: case ID number HOP2017-00035 Attachments: Application materials.pdf Dear Ms. Hafer, Thank you for your e-mail. I will incorporate your written comments into the land use case file. Ms. Hill's proposed hours of operation are between 8 a.m. to 8 p.m. I have also attached a copy of Ms. Hill's application packet to this e-mail to help answer some of your other questions. Lina Smith Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov From: angeliou hafer [mailto:louiekay531©yahoo.com] Sent: Thursday, October 12, 2017 9:19 AM To: Lina Smith Subject: case ID number H0P2017-00035 Lina, My name is Angeliou Hafer and I reside at 13097 sw Bouneff st. I am writing with concerns for the proposed in-home counseling business that wishes to open across the street. We are a residential neighborhood, not a business-hood. We have many children that play outside, including 2 that are mine. From biking, playing basketball to roller blading. My concerns with this"business" include the high traffic it will create down our street.Along with the strangers it will bring. Her proposal was to have 6 clients per day. That would be at least a total of 30 people trafficking through our neighborhood, parking on our streets. Im concerned about the loitering. For the clients who show up early to their appt early if they are smokers? I'm sorry, does that mean they will be sitting on our sidewalk smoking?We do not have anyone around here that is a smoker and that concerns me. What are her hours of operation? How late in the evening are we going to have strangers driving through our neighborhood?What kind of clients will she have?That is a big concern. The kind of people coming onto our street. Not just right now, but 5 years down the road. Will she change her clientele? I just don't like this this proposal and wish to not see it happen. This is a safe, kid friendly neighborhood. We don't need a business here. There are zoned neighborhoods for that. This is not one of them. Thank you for your time. Sincerely, Angeliou Hafer 1 Lina Smith From: Debbie Bowen <debbiezita@msn.com> Sent: Thursday, October 12, 2017 4:03 PM To: Lina Smith Subject: Case# HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged Just wanted to express my concern of mostly safety issues: 1. Street becoming busier with vehicles that would never come into neighborhood. 2. Clients driving excessive speeds (especially if they are feeling that they are late for an appointment). Thank you, Debbie Bowen 1 Lina Smith From: Chris Brown <Chris.Brown@pgn.com> Sent: Thursday, October 12, 2017 12:44 PM To: Lina Smith Subject: RE: Case ID HOP201700035 Thank-you. From: Lina Smith [mailto:LinaCS@tigard-or.gov] Sent: Thursday, October 12, 2017 12:41 PM To: Chris Brown Subject: RE: Case ID HOP201700035 ***Please take care when opening links, attachments or responding to this email as it originated outside of PGE.*** Yes, I have received your e-mail,with the attachment that included your written comments along with other documents. These were received on October 12, 2017, before 5 p.m, and will be incorporated into the land use case file. Lina Smith Assistant Planner City of Tigard Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail: LinaCS c(�tigard-or.gov From: Chris Brown [mailto:Chris.Brown@pgn.com] Sent:Thursday,October 12, 2017 12:36 PM To: Lina Smith<LinaCS@tigard-or.gov> Subject: RE:Case ID HOP201700035 My written comment to the proposal was included. Just want to verify it is received and will be posted before the posted deadline of 5pm tonight. Tx, Chris From: Lina Smith [mailto:LinaCS©tigard-or.gov] Sent: Thursday, October 12, 2017 12:25 PM To: Chris Brown Subject: RE: Case ID HOP201700035 ***Please take care when opening links, attachments or responding to this email as it originated outside of PGE.*** Thank you. I have received this e-mail and the attached documents. I will review these materials with my supervisor. Sincerely, Lina Smith Assistant Planner City of Tigard Community Development 1 13125 Hall Blvd. Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Chris Brown [mailto:Chris.Brown@pgn.com] Sent:Thursday, October 12, 2017 12:14 PM To: Lina Smith <LinaCS@tigard-or.gov> Cc:Chris Brown<Chris.Brown@pgn.com> Subject: Case ID HOP201700035 I have paperwork at home that references the annexing of each section of the Morning Hill subdivision and how the CC&R's follow each annexation. Tx, Chris DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 'PI Notice of a Type II Proposal _ Home Occupation/Type II TIGARD Case ID: HOP2017-00035 (Virginia Hill, LCSW) Tigard Community Development Contact Information Date of Notice: Thursday,September 28,2017 120 days = Wednesday,January 24,2018 To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov If you would like to comment on this proposal, we need to receive your written comments by 5 p.m. on Thursday, October 12, 2017. Please send your comments to Lina Smith,Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.; Tigard, OR 97223, or LinaCS a(.tigard-or.gov. Include the Case ID Number: HOP2017-00035. Information About the Proposal Description of the Proposal: This application is for a Type II Home Occupation at 12418 SW 131"Avenue. The applicant proposes to provide in-home counseling services, with a maximum of six (6) daily clients. The home occupation will utilize 500 square feet of an existing residence. No external changes are proposed as part of this application. Applicant: Virginia Hill,LCSW 12418 SW 131st Avenue Tigard,OR 97223 Owner: Same as applicant Proposal Address: 12418 SW 131st Avenue Legal Description: WCTM 2S104AB,Tax Lot 8900 Zoning: R-25: Medium High-Density Residential District Approval Criteria: Community Development Code Chapter 18.742 What You Should Know About This Type II Proposal The proposed development requires a land use review. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPIN/Forms/CEJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Case ID: HOP2017-00035 10/12/17 I do not support business activities in residential neighborhoods. Jim Hart designed the Morning Hill subdivision as a low-density residential neighborhood. He limited the flow of traffic in front of his house by having 131st Ave stop at Katherine St. This separated the through traffic and local traffic to residents in the neighborhood. The lots on 131st Ave have a Wetland Park behind their homes. This privacy preserves the neighborhood livability by limiting cars and people. To further protect the land and homeowner there is a Declaration of Protective Covenants, Conditions,and Restrictions affecting Morning Hill, recorded July 15, 1988. (85036416) These CC&R's apply to the property to protect the public from the chipping away, and eroding the quality of life that we experience at Morning Hill. The restrictions explain how it is used, occupied,and improved. CC&R's have shown to retain property values better than subdivisions that have no standards. By following the CC&R's, neighborhoods tend to be safer, look better, create good working relationships with government, and retain/increase the investments that homeowners have made. Legally,the CC&R's are a binding agreement upon the purchaser, and the purchaser will become subject to them,whether or not they have been reviewed, read, or understood. Covenants, Conditions,and Restrictions Article 111 Residential Covenants 3.01 No lot shall be used except for residential purposes. 3.08 Business and Commercial Uses: No trades, crafts, businesses, professions,or commercial or similar activity of any kind shall be conducted on any lot. 3.09 Signs: No sign of any kind shall be displayed to the public view on any lot. This area is not a mixed use area. The strangers/clients will impact the people who live here. The vehicle traffic will change the area. The retired homeowners will feel their privacy is lost. The children will lose the ability of knowing each and every person who belongs in this area. Homeowners will also see the economic consequences of reduced property values based on the location of this business. Covenants, Conditions, and Restrictions 4.10 Amendment and Repeal: Amended or repealed only by an agreement which is signed by the owners of not less than seventy five percent(75%)of the lots. 4.09 Approvals Now, my quality of life is based on the decision of the Community Development Director who is responsible for viewing, planning,and zoning our subdivision. I look forward to the day I retire,sit on my deck, and enjoy the privacy and solitude of the Wetland Park in my backyard. I do not look forward to sharing these days with strangers who are walking between houses heading to the new backyard business. 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I=)•�) N 1. v TRACT'7.1 FT, X 50 Ft.RESERVE 011SF 4- d•, 0o 11 $ -S 1'13'52' W 25.00 91�e+ yr) I P (-ELI, Os 0Ih 1. to.'08' W 1 1.00 00 T. to 8 r 88100 / x7_ p8, 150 a 1.r 00. Y `�" °° ' xNea•1• W MORNING HILL NO . 6 . N E'43'52' E 36.64 / • N SITUATED IN THE N.E. 1./4 OF SECTION 4 EA, EPo RESISTETEO TOWNSHIP 2 SOUTH, • RANGE 1 WEST• WILLAMETTE MERIDIAN •\0h11 UNE RESERVE STRIP t DOc „O.N-d7Tla TRACT•Y• 1 FT 0 30 FT RESPROFESSIONAL CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON scALE: 1 INCH c 50 FEET LANO SURVEYOR � SURVEYED: OE TOSER. 1807 �- �{'�v3 1 "� t MRCer CERTIFY ToAT TM1a TRACING Ta A 0RVE AND papal ALPHA ENGINEERING,: INCORPORATED EXACT COP.OF THE PLAT OF •NORMING HILL NO a• •7070*..'"t 'E 1150)v. strilNf BLVD.MT II a }! o'*4.,,.,......_1000 J PORTLAND,O,KO1N 97221 JOHN,.v.q~•--+MavTNORNE P.,7 S 070 1009 12(01 '''' - - - ••,r'•'•,•j •Z�t-- s'�,:%.':•-.4-v•-:•45-•.:• ,-,:r.�. .. r r; , . •_ '�ti. •CC. •s ~n •.14;2., ` Wit} _ C• .,' .�•..,•,,._.. •,••". j}v - '►L•,•;r;. ...-.44,- •:*•C•.ra. i•`; •+i, •r• ••i:'♦r. i •`IJ•ti... . •..y-. •t 1�'r- '� i:•',•. f itis 3 4, . t� rw.n. ;;: .,,-,.w.l �ti♦ .•ttt. a-,g. . ::• •. ti .•. f IM,. •}tt a v` •�- r••; ����YM �•t����ct��-�•S�•ar:��;i nr'' t�t • •,� �7� �!'� ���.,��k1�'•�`v ir:,, �� ��. •'%S�"r y.�st` � h•L ti�: :\liv vt 1• i; .t �,,.. ��i'• .. ,e• + + 'i i . >•,_ .,optr,#t`t4�:Mi• .e:t. . �'r }.,Tf, n,. ^'r V5i e %.' 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'' '.1i .•1.'4 • sr "" i • 1.03 "Morning Hill No. 2" shall mean all real •:� •�'L:.=-= property now and hereafter contained in the plats of Morning +:�; Hill No. 2 subdivision filed in the Plat Records of Washington _ ;� `-„nty Oregr-- .t sage A legal descrition of Morning ;•`'�; • Hill No. 2 is attached hereto as Exhibit "A" . _• "'_ '' `�?.� 1.04 "Lot" or "Residential Lot" shall mean a plat ,-,:.i.,:---=•.•-•. ..:-•;- " of land designated for residential use within Morning Hill No. 2 ‘r:4‘...: r thereof byArabic numerals, together .• s' _ and identified on the plats with such additional lots or parcels as mayhereafter, by recorded '"``- conai.tions or restrictions, be brought within the jurisdiction .; t- of the subdivision. '':z;; ' ";'� `r'- 1.05 "These Covenants" or "Declaration" shall mean ; ' ''` :::::.-1---f.';.:,-, :-: the protective Covenants, Conditions and Restrictions as set :7-.-1'-',..::-.„.! with respect to 1 o'zning Hill •-i-,-,4.--.-,...,' `.`� -� •�s` forth in this DeclarationNo. 2 ,; subdivision together with the Architectural Control Committee ',!•:;••-..:".:.:•;,..i-,',:• set forth in Article IV hereof, as the same may be ,-_--„,-,....1,,g: rules as •< =: •=aJ a_mended and supplemented from time to time in accordance with T',•y: °`'J t Declaration. •` ,- '` .. the roviaions of this D :f. ....4: ``=,;ti• 1.05 "Residence" shall mean that portion or part ": -..,....:,-;',--,:i:::-. of any structure intended to be occupied by one family as a ,7,-.7.;,!;---.....�7, - '' dwelling, together with attached or detached garage and the #::.`�:; . s-, ., patios, porches, or steps annexed thereto. :i _;-,:=._=;-- 1.07 "Property" or "Properties" or "These Properties" :� �` 4 . shall mean Morning Hill No. 2 together with such additional ;''„-=,•�_i- lots or parcels as may hereafter, by recorded conditions or a;,•- •i4 restrictions, be brou ht within the jurisdiction of the .•,- ..:_„.,- .....!a-.-, ._ , ' ; !. `i % subdivision. "1::-1= ARTICLE II 1 or<,�- PROPERTY SUBJECT TO THESE COVENANTS : 11$. 2.01 Initial Development. Declarant hereby declares *,_ ;,, - that all of the real property described above is held and shall -f;: "'� encumbered, used occu ied °'` '- be held, conveyed, hypothecated, P ,� and improved subject to these covenants. - f' - 2 MORNING HILL NO. 2C2., . - -_ ••••:-•-::..L.:,.:,,.. ' - j. •r- {; :.,:::.:2-.--,;.,,,,., �'.i�,:,..a.'•!;•ii>•:.: • `�=~- •rte af.r .11�,�....•.-.w fa ,� -�-. -ss�(��tf�.i J`[�fa.•:..� wr, v: .rs�. .,•::;: .�.'' •+.1 '�.`:,..r. _ �y: •�':i:-.�'-':� -•`.ri. /- s,:::. jl.&•S • - f ; .t.?_,P.::.—n.c '% •'- -_ "':. _i - r.�.. _ �_}- v.�i�..s-t• �� � r'�Fr .>.-e ir... ;'=.r,:� .1`.,..:...>.y -_��'-a rZr', - •.rl. T� -r. -,:''+• .t,''.. 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J.. .�- •l•.. ..• 1♦ 1 Yh'tl•�b ML tc. =� i >yi' r !• '�•� ••,:• f••ti • { sir • _ ,..`• y!.t I'•�•J.�tr►-e.►J rt� 7 �i= n-c r':t a ►•r. -t ••.: ^,,��.:'� - - -•• '•�t :'"_�'::� •J �:••5 a �:w':.�r •T,;r•r e,^a2•,+' y':�•'�. 1-ati♦. =�:y`ii+ �,r•s •• .:�� *�•r :. -., •' • 1' r"' ;C 1 ar--w r irii•- �•, a a•. .:: �. .1x, y'' �R•:.:..�{•- -ia`� !�•�; J,ii'-�: r••�•:i'•�••:ta..•1'• \� ..,. r y.• r'r •(��� • !'t!�; w .�•�� .� . !•s .s:i�';•�t. •'r,. •?• �••. ��}}.. •+•,.1 ..!'�:y�'r twi..�-i•rr ��•rin't ri .rt•- w-�r. }•'•.1.•'':'4 `•i ' `:•f.'•,li:a '�' r.i••' ;i .4•.,•I'w rw�• ',11.6�. .iNit-1 •.••••.T• ?'1••.. .. :.•.' t� 4;' • ?'i,�i• y r.: ♦. �{�., �."1:,yt+ f•}-�4•�s_ R•- .✓' :� :•� �•`•+tv+,.._. try ::ja:•1•. �\i•° • a• ..•.�..•'a•al I•�:r �• •i�•• tl ''.-"-t • i L [. � `'�1-,!��••Ml����'``;•r'j• '!f��i i� J•t'"" ..-c.;:-.7-;.' •.,z•.+• •r., :.: r: `�: ��r i\•* :•1 i.i..:� .!. •~ 4 -iY ,,'•,• tiles• ,_ 5-zl zt�•+•re,: �� fr;.:(z.:, ,4'r4-.1.-i- .•J r J �'•t---,�' :- .7Y, •. ._ �.�; \� 1_ i;:',...1:::;...-.► �. • 7. .�••.�• Me�i�Ir a',.t�� � 'Lid •��.. Sii' c _ � .�-�' .f •--�. :•��: 1, ...:. .►{,�..••3'M�:: .:•.�• '..--...41:;.:•41•:::7",r,•• " � !r .t 'G�^ S.i:a: 4y �•L �'f. .'� a,�-•. .'�•�-► :'• 'S►,.r _��''. a •!}��. �K'•a•�t1f•:♦,..t.,1,,,,,,,....,,,••,• •!r. .+13'.:ri'. �i••kr+• v y .-�. I_ ;tom f_�::.-,: qty i .f� ,•- .•.''4•41•.••••,”....: ._ ,..t5.a lr .•-.•� _ .{•'`' ��•'�!..�;`.....ter.1'.r�".•11•.^, .-�.ir: .+. , !�.. •r`�i�•.-: •1/� ..►1� - 'i" . 1�rji !e •' ; '� ` t; :;;_- is in conformity with the applicable municipal regulations, ;,� '�-. • , � r :rf•� and is compatible in design and decoration with the residence ,:;, • a•rrlf rr%v`7i'. - = constructed on such Lot, and has been approved by the 3,:r-••-•-� '••'`.-a:`' Ax.,:.. t'2ctr.al T�L.trol Committee. #4.-;r., =r- ' 3 02 Dwelling Size. The total floor area of any ileM`- +1 ;; and garage shall not be `f + :, -J dwelling, exclusive of open porches .-7y_,r 9 g ega.y ver 0 1_•ar• M.;,�f less than 1,200 square feet as neasured by the Architectural �t-=- •".A ai' Control Committee• T" ' :-..f-;..;44,',e.: 3.03 Building Setbacks. Property line setbacks ;, . , :::;=i are to be maintained as established by the appropriate regulating rW �- Ngovernmental agency. ` � : t_'-'Zii For the purposes of setback determinations,.C5,54:Tr7t ," ``" }:� �:�: r,:-��.: all Lots which are bordered on one side by a public street and ,mss-. ��y on an adjacent side by a cul--de-sac shall be considered corner e - �_ rjy lots. •4y�i'. wct. �ti*Arxk 3.04 Easements. Easements for installation and :....,) ,-,„04,;,,.yy •nre.,1 F{a •r - maintenance of utilities and drainage, and irrigation facilities ,x; e er., `. -�;tw�.i. are reserved, as shown cn the recorded plat• Within these r;„..4,,,-.',... x•` �:.;1.›T. easements no structure, ,- fence, planting or other materials shall :may ��tL::.��' � ..,r:,..ter'.•. t HY:i--N2-.1 c. ,,--.. :.;. . =: be placed or permitted to remain which may damage or interfere 'W-4_. ,",; ; -:,. F with the installation and/or maintenance of such utilities, 4:-�•:�q6���_ :11.11 'orfXt.- or which may change the direction ,of flow of water through a 3:e.'. *4,-.::, 4^-.. drainage channel in the easements or which may obstruct or retard :6x. • ,-�;i., the flow of water thro'.:gh drainage channels in the easements• :. •.mss - )>'e. .i' �' - The easement area of each Lot and all improvements in it shall --. be maintained continuously by the Owner of the Lot except for ;X those im rovements for which a public authority or utility company •`V':`:.: __ A is responsible. -&-s„: `!_ litEaeements to permit access to the park area t- �_ a�K:<<;,' e r .� _ ., dining regular daylight hours on said park area adjacent to fir• ;'(...--,,-,:-.-.:2,:...- •'r- r ?'' the Lots which are subject to these restrictions are hereby Yom :. .- -4,;.41.'_•�. granted and established. These acts shall include, but not .'' ='`SDs=:'.b`-; - ? -;::'•::. be limited to the usual and common noise level created by tine 1-. 4.z., enjoyment of the park area together '.vith all the other common _.". _.-rr; .r and usual activity associated with that area. _ , 'fV rtil,n" 4 MORNING HILL NO• 2 ..�•s • 4 1-- •,-•• ' ` ---4------,s+jr-_. • • rixt" --,4;,-.--,-. Mrrte4.,emmss r1i" _ ,..-44-- - , ftiiiiAye` w� ..a..,_' �...re-t_e.Yfi"ra'7�?-r s>w � � ,--1,,,,. .fig, `• -- :�1ri �_ t�SLt . : A�3- s.•._ •s : 'f,% "G'iTl�1 _a v� .t�r •h+;.sd.;-g:4- Y �- sY _ Wi`- 1'r+ rG , ' --,.4‹,::'. r ,•�• t,'-.c•r.'L�....:..,;,-..'..1::: • ,5�• ••"i.' r • '.`'•_ .•• •�..':'•..,--�• '.iI. '..s-�. a . A{.•r`•�•`• `aa.�.',,t:.•L,`.;.•:J...i: .7;.t, ;. !!"f, :.:r. 3 ." `..i•'•,... .•1K{.l2.:ti,1•,,y+" ;r�-.v`:1 ! ,� 3; - C:1:7.;- :aY ' ��.!.n.•`: �iJ�y.. `t.j�• .:•- ►O }�3 .=2.� •, ' •a.y-�.'. , S..R. �fi•�ieVn`��� i.•r)-.-::�1 . S .;'0 r'y-" w.mo:i �ti. •� i � }},.- ` ,. .if • - :._•.I�)�-. •• j: '•._ .•�.r�.... •.1;''i. , . J.-' ;•'• .t::• .:', '_+er1 �-�•,:7,:�.;••f:1;= i%tii• :ra;:.►.:i�'�.r�). f�;,P!7..:�r:•a;«+••�jw�AG:ri=!:;ifr ..i, ' .l5� la.y:ts� :�` '__ '� i. ;.."4f-...;'-- 'l,. •� '.,'•,}.3-•T':,r'•'if. S ,-:1!.,:•:-±.'..:•:.,..1:'{i•"'V.•jt ': '�j: ' -w•i��: lY�.�i.-:j .;.y•._�:•`!.`�{I'.c':ts'•;} I-i -'a..4:,•. .,• '1'• •.♦��-.::•.,:,..%„;:r..e..•L3' ,. ,-:.";�f. .)•a` r : t•y.':.' TIf'�..•„ _.`.;:7 ��'}yr,.•,�4_ yi:• f.l.Z. a rt._ 4•v.;•r{:• 'c . r •.y •,.y V”••�`'.-:jy • y'..•• •.`i Baa•. • '': i ►..�y• • T: , . y ^ .i" • n, ` 3c ••. • -. -';: • - �;• .'1 'y':.' 4. • •• 'ti'i•r• 1i:+.':-"i"4...-�.: ��:i • '• -f .'..'17.•:4V.:7",:: ? `v •• -r'• •S„ . .q.,� .tr .. •v,ii •-•:-. - • •7�{• r+.�'•1•': r.7• -. r' . .. •i.i'.-ti � •,•'•y ”. .r �tcjL ._.0f:Z%.r.•':..,,'Yl�.nJ.y.y�s•..• f 1.0.:•..''-‘...4.1.475,': .?".e tit .H•s'l :r•'�''..rA3'i 3.05 Temporary Structures. No structure of a .-...-::;-14.--::::.-..:':•;:•--,_ ' _�: ;fit •.-'y temporary nature, trailer, basement, tent, shack, garage, barn ;_ -;' , ,� or other outbuilding shall be used on any Lot at any time as �''�T�r� • �'1 ` `' a residence, either temporary or permanent. s. No fence shall ex •• +',' 3.06 Fence Geed six (6) feet '':7-='i- =,j in height from the finished gradehighest side. 'c'''.:;'.71." :{'„,-, ,. lot on the hr h • ?i f ?;�, = In no event shall side yard fences project beyond the front �'' • ""_` walls of any dwelling or garage, except as allowed by the :q-,!:-.,.--, :, '. .. - Architectural. Control Committee. Prior to construction, designs -:,-•:,-,:-•:•..-.,-...,...,..-; ' of a" fences must be approved in writing by the Architectural •'-,•--•_ : Control Committee. ',.:------f7.-24::-.;.-,-;•.-... '�''✓ n_•-: :ti ff -= Hedges or other solid screen - ::•,.....-1,- � -� =�•, g planting may =,.:.' _, be used as lot line barriers subject to the same height ....,..,•••••.--,,,:----. ) =�: restrictions as fences. No building, wall, fence, paving •--,-.--.--,1. ,• .,• landscaping or construction of any type shall be erected or �'}'`tir' = maintained by any Owner of a Lot so as to trespass or encroach '�:wn upon the park area. - -::',.rte'; _ - 3.07 Offensive Activity. No noxious or offensive • - 's4+ •^�!: activity shall be carried on upon any Lot, nor shall. anything `<�=-. <-' -A be done thereon which may be, or may become an annoyance or • �a�' w'` a nuisance to the neighborhood. -'-': 3.08 Business and Commercial Uses. No trades, = ..4;:. ^*-- crafts, businesses, professions, or commercial or similar activity --�='�" ' of any kind shall be conducted o:, any Lot except as allowed _;-• ..-. 4` . by the local jurisdiction. Nor shall any goods, q ` _�-' Y_`°'' o s, a uiAment, :- :r =� . �� .1 ',,,,��`` , vehicles, materials er supplies used in connection with any .....,, �'' `~� j .•� 1 4- trade, service or business be kept or stored on any Lot, excepting ,-_.:-5.4:,:.-2:-..1/4::: : *_ the right of any homebuilder or the Declarant to construct _` t residences on any Lot, to store construction materials and :-, ,'.i 4 '.��= fir ;_�:�.-- - Y equipment on said Lots in the normal course of said construction -;-.•:•:.',..'4.',f,7-';'::•.._11~ wtOsand to use completed homes as sales models. , ;;J:- - 3.09 Signs. No sign of any kind shall be displayed ' "I' n's` to the public view on any Lot or improvement, except one r bf-= -- ., • professionally made sign of not more than six (6) square feet. i3=:;::°� ; ` - 5 MORNING HILL NC. 2 -::'2 ' N.c. - .Zrs.. y—•- _:+i;—:,y,7t^�`:"•.-•f •is,.t'•, iso�...r•:.!,i•— 14- �f< S:;;;14Th. •s .a •T wa:.rs••r+r?+z�4++ . 3; _ - r1 j:~f S. _./` w.}�i J• '�f:� tl .J � -.Z..�=' r., � h�ei'� �• 1 A_ i�,5`.V- •v_tom` •:7,Y•�.��_. �- l _ -d:. •s _.�'�c _ ''L: a ,i`s. �_ .,rte • ,>y ••r•'•;, .t...,;_� '_. , St a,i._ ...-,._ +• T •�- _ze, tf�if:}�a:ti. .elf• `•��J•` e_•L.. r:.i:•" Z..•. •)►'s�«: + ��•%•3�Z•::,„�•'S�Kr[ tn..a'C'` ..s};:*../. _ «.'S_ •.t�.:�. a-.f -r. :-ii•'1� ��r• _ .r•_ !•j�, yv. � 4{:r" - JJ'� .....,%%-t�� .a..'� �:Si'.-`..r:.1:,. �.. {�t,,� usi7a+J.--.�1>.�.....- 3 e:. - ../�•e'�s r�a..'i? .�:=1 c7� '-�r.::�:.tial .r,-:�r.r.3 Y;r. -'f`l'.. �• �'.l _W!-.:4.:..- -cr:,._.!: - .'A�:�'i-."� Ta-"F?. moi.•., y'R -. �`S �,'. '-.:( .,tire!.''---.-,:s•-!.':r,• 2 _ r,fj:-i•.r.r.--- .:7!�-'}a 4.---_ ,:,-." �ti., •.r .. f•'C.S.�• ,.,.-4'i. tt'S'4'._-. .,,ei :".: 4+, -.'%"—s�j: .�:5� .;...�_�•!�=+-'•-,-✓.^ .c.yr�l�;'y..�..?L+�I�'st,:_ -�=,•.�7•: ,X'" �.r. �%�•..s_'7�t•. ?�i-::=�;,1= -" -:�i7.---'%.%.:4,-::.:',2-z, „---:1 4-'- •' yr �'.•• �J 'i;;2. ,; ••i7Z— q4-1`•j�•`. .- •�,'•wt: �1 •.J ..: i/-,.t.::.j.•4 :►,y.rS11;:r.:.. :7411 �.`7,,.���.r>�a:•! _......1 .:�. rj� �!' /t1_•�•- '�► ti\`J•'-►•�' :' �. a.,.+ .�+ • •�,•il•i/ .sji'.(^4•r.r•ir..:~.r.Jyfit:�Y_��-ir 1brrr��.ix. Y• :.-,.-::...,..:-.::-..,%:•;...-# Y ::",.ri .,`r wilt.•:r'..'} ?'.�'•,;' tj, i ti•..� r• . L 1 't a •.,"•'"'� :r• �.. '� i 1 1 • i �1jr':.4.-r }r G��'.�. .. � ....�1. ,1:�,i I„•�r ',r__- �.a�•�1•���,t�. '`'�'.�•��•i'- •:a•:::;4•.1.;t:4%,:•='-'.::,;t ''a �'••:�' �,�►s4+.••di•Zt',� y� '}� .••. ..d;.•. ;i....�t►i•.•• f•y+ 1,v . ..�. '7 _':•�`%ice! T�7 'v T' � F�i a, l�=' ..� f. ::•.:4;� t.' :� •s.'v •:e, � : : rr T.'i =�•. � ..i.': -:t'-+p' ,`�•t:� ;*i��:•!.. 1 - '�r • r �f`l • `.. ��'r.a�i.�:.'•:- •�►:J!:L••- :-..‘",':::::;•."-:;. ..aQ I. .',....77. ,•;:•:;!:'''. ..--;:::::'!-.:"•��..: .-..•:.:a� '.:. -•. :::;'.7.•---. .'!:•.;:, :I `.• .�:.1, •r,f.';',;',.-...:,•:',).;'',";..;:"...'-..*';p _ ..4� •a.: tt-it fi•r -:-..-',',.-• � :a ♦. ;y: Vit' • i=-•l�i>-•�' - '• -l`: �� '..•'..•Y--i•a; .. ! 't�•s 1'i .,.•1. .;•'v, -•i� •i1 ::i. ��• • _ _ ':?..:-.• _ �•:5; - •c• �r:. >-- ".�:' Vii'''+�• ,y%^.._ .,�: cr •,•, • • •�. .• .;•..:•:'r .. -.ti:.•t•.. :;1•1-1,1:.; .i.4'�•v. ,.cfi if t'r i�.t'' •I+T�i lri1. '..,.. a l';•,..'''-'7,,.r ..l • •a:" t. _�+ ,•�' ':%1';'.".•;;;;:••••,' ,•,{•:•_ i±� '-.�-�•.��"'•- .f 1 r•L ti ter:a.•..-:' i •"!� ��' .i•>:.• •Sy.�' �►• .'`i:..� !'.}�-`��_ ."f" ��:,; "•ems:.:'. `.f�'••• "'!t •'tiC'--ai 3:�t': 4�L _n fi. ��• t k• •r• -/' .•;••�•$:j'.r`�. • - r te•• ^i•'. :a`�.: J"•�:` •r.' `. .r ..pr.; r' ••.� }.• :.•-'`-!%`L'i.•t**• 1••1:•'JL'�Y�:ti`+.~•'•"�..:!•r 1 ,�, • is . • •t.�.• •.;«:7'; �• ••.;.fir. .��,,T MSL 4Zrr,l�itr . �•sj�ri -:::;` -,a.i • i -. This restriction shall not prohibit the temporary placement `•`�" ofpolitical signs `�` �- on any Lot by tht Owner, or placement of `-7;;;P- :i mar. __ a professionally made sign by the Declarant, which must comply ;‘-. A w14-1x the local ^fi4, sign ordinances. This restriction does apply :',"-- µ to signs used by the builders, realtors or agents :,. _ during the •.:._T,•, construction and sales. '4'+• 3.10 Parking. Parking of boats, trailers, motor . :l. r_ oto ....,..51;..,...:47!.r : • • :-.....:,......t.,-...-..,..,,-.: cycles, trucks, truck-campers . '�� y p rs and like equipment will not be �?} `, `ti- allowed on anypart of anyLot on t a�.,,,..�:_• ;1, or public ways adjacent thereto, ' �� -1 -. except on an occasional basis, consistent with guidelines the '....,,---:•;:v.. • •11 :;z;--- Architectural Control Committee may from time to time adopt. y t - However, such parking shall be allowed withinthe + ' confines of - • an enclosed garage, storage port, or behind a screening fence ;r-..;., 72 '=-""• or shrubbery which shall in no event project beyond thetront �'" ')s„a; -1t , t .-7,...7,7.-. walls walls of any dwelling or garage. No Owner shall permit any .P.-'7•,*.-.71 _ -,- ' - vehicle which is in state of disrepair to =>a=..-1 . . p be abandoned or to 1� �! -^. �.' remain parked upon any Lot or onpublicways ad jacen .7:;: l..-7'. t thereto or on the park area for aperiod inexcess of -��•-�i forty-eight (48) _ =f hours. : 3.11 Animals. No animals, livestock or poultry •i.4.:-,-;,,,,,,..- -.-- .,...... „A- •, ,...j =`_%' of any '�'�7` kind shall be raised, bred or kept on any Lot except :4 - `„ that dogs, cats or other household pets may ~,, <•.�^:•r.. be kept provided ;; ',� , that they are not kept, bred or maintained for any commercial 74-� �.i.:,.a r purposes. L ,, >. 3.12 Trash or Rubbish. No Lot shall be used or 77. -• , maintained as a dumping ground for rubbish. Trash, garbage � • �_1. _YSY'tr.• tr'4.;T.r.. -= or other waste shall he kept in sanitary containers and out 4 :-' . of public view. All incinerators or other equipment for the f' `.-_r 1 :. storage or disposal of such materials shall be kept in a clean `'`�`".I I' :l ` , and sanitary condition. twit'- •%•,...,-,-.7-,.-2•H _{_ 3.13 Construction Completion. Construction ;'`'-'''r` of : `'� any dwelling '=� y shall be completed, including exterior decoration, ., �•' ' within eight (8) months from the date of the start of construction. Y :s r . -- 6 MORNING HILL NO. 2 . am• ty >a ...�_•. : : �.• � - -'t• -� : yet,_ ��-'-:- .�.w ;_ Y �. _ -•:, •- r��ri.=_?:i-A,..., f :-.-e1.-1--illP :v ,%"=Lk--r, _ is o'.:.••�--✓-- r .s+sf;. .•'_ ,,,•....-: • =^. -`�"~ s�;y ti••r a ' ... ••.�•-r S7WP• �ti yr{��"..7�I�i'V. Lr++f�(',�'•'!^�...e:.��y e' �.i+t. '•:i^•��i�`'__`A: +'t.r•r' �'b_:_C_•, - _7,:2,.�t.. �vg..1: Til" i y3 • *_�.T':.. ; 1—. .;k-, �. •: S�.rit74 'I1-. 1,�T(�:. •-`.. C7�. - i•{'..-�:::.�-'... •T`�t•�:'L'1_�,'4ki•�,���1 :z..'i�}j. � -:f«�A•(=4_9 �r .v-q-.Hi. J•,)r "4`41 a's•G� ,a1 -5.rr'd`• A r s ;•i_. _.. r'!r.7_-_.- _-_.- 7.i-- a..�}', r,-•,. _ 1.s.v !.. -vft'.a• • -i. r LY :k'l,:.��-. •�. .. .. _... ..... .'•' �� 5r•.�.� J rr •�'v�r �?:%^��'�3:'�Y"Y1s%•a"' :w=-�:�._ �r�:�v.er�.j a'6•.�'.'.at. i�.�?ii�'t� .1y.,,rt�s� •a+.' •.:;=--.'2-.�ii.,'.•,;j••• • '.z:•.�- _- .•..�_—__ .,'�-ti'ti'1o:Ssr,+�.•.�'•��w- .r•-.S • a 'N`•-••.':;.•- i .• ! _ ` Iv .e.t.a•• :r fr.. - - '�, '-•l: •aw.-ti1?�l;a. ," r7 .,.•!t•:: • � '��' ►• ._.�• :• v�ll _ .iir�a.# a:•_(. � ` %w•'.:• .i....•.f� ':t .• •i!• W ...f r O .� �� •7� T1 '<"-• !tai v w a a: a,' �•t �.�•+'�:.r..i.t tti. r:• .,--.---.,?•-;.n.� �� } -., ..�• f -.145(\� ;�•,.il`.��.+••.a.1 aM s•fi:. � .... .•.�,t ��`Tt � •� 'J. tt•. � � !; Y' � {�/y��{ ' ���} ♦ 1* �� . `•••��. rr.,�' � rS' _ •► f�..-:I �l�• ♦ j_y'•.. ,, � %.��-1 4-74••• ••1.-...ti •;, mo'...". .••• '4!vir• 1 • •1 a i• ►iti,z. ..•a'• •, •'�a�_ • 4.74,;111.:14:-C,-9.:1,":"....:-' :1 '• :7'. ...?.;:,..,!�'�.�,\, AS .a,� �,+.• ♦..- r.r�.'� b.•r_L ! .•j•.•,,.••;.�` •y. . • •,1 - '•t•T ;• _.a,ark •' a`:_,..71, -.:1;:,... ..:-...:;.,` ,Zf. :t •`f t•�0��•.f•r ;•••:::"• �v,•.r . ♦. t !- - .�•-. .e %,_•' r.t r.• %�... tliyis:;> ••�•.•, (..:`C. •3 �..cr , • r 1�t•Ly. �_.} r' Q r,.. `✓ .1: • •.� 1�7:• • y,-i •1-,r7_ �•, ...yl a�•r��t �'!. ;,!.:••f_ •},.J•.!.r,.!i:r•.•. . zl-�.* .�� .-J '' .�• -wi/..: `�. •r'• "i �� '. �lJJ •a r :•'.� � .ii• 1i: e�••a•�,..• ♦.aa, ; •t`.•- S J:..a a...�•l��• :1' .�-.- `....• •rte �\ •h�•�•�.,I�a.'.w _` 'iwa. �'a.:.♦ 7r�t ' •••t:. U, ti�i�... +'.y .!�••a.q`-• ., .1 ••' ., R - ::i.,. ,r.i:•.•/• f..r,"�•� 4.;...• •%a• '•a ,-• r•• a lis .:Arra..• f .( '''MY�- a•_•1. !••... Ki;' ':•'': .�� :'3+-'..` •.T'.-•,;-;,7''.'ei- \,l1�•;.:%';:e,'.S_t! '3''..•:- ' t' 'zr:\:;. ,.f':_:i: -;1.:y._.i�•:. -=r.,.,• Vii.�.•�'1'..'�;';% (•a!;.. ',Ase f..y. ie.....} i ;- • ..•.•. ,! J !"-:,-,t.i ♦rl•i(•.,.. '1a =.f IS • • ••• • • ,•:,•,•i�•r ,L•. +• �-.•. r�•�f.�•�,•:•: .\.►'. �J 4. � ••. .. .wwr: • '�ri�::•:t'� -• ...:a'!.Y,�r' �,�ti•S -Rt e.. .. ,•l "-: 1.!;•:-.::,:.T.,..,!,� All Lots shall, prior to the construction .....v..,-.:.c, '4. of improvements thereon, L. 'J be kept in a neat and orderly condition and free of brush, .M-•L�1 •y:' u� , vines, :0.47- 1,-.-;.,-,';� a weeds, debris and the grass thereon c '*�' `,:�b or mowed at sufficient % `i intervals ,..;.c-.,.. ` ' to prevent creation of a nuisance or fire hazard. -�- r,. ---7::;;,---_-:•.”,. ' '`^ 3.14 Landscape Completion All .1t2.1"•r; =. Y=.� front yard '''�' landscaping must be completed % 7t ».••.:f lands p g o pleted within one hundred twenty (120) x..,... days from the date of occupancy of the Residence constructed -.-:-..!..--;:...,-.,.%,-.. .• fthereon. In the event of undue hardshipdue to ''`'' 1' %;;. weather y� .i +;fir^ =� cc-. 'itions, this provision may be extended for a reasonable �7 1Zrx' r_:.:• length of time upon written approval of the Architectural Controlt,..-- '1"! ,,,....-,... "..-:::::-:.<1 '' Committee. - -„, 3.l A `:-.:, .,.�. 5 Antennas and Service Facilities. Exterior `r 1 ` ':ej'I ..,...;,--..,-..;.-:-.,-:---• antennas or satellite receiving stations . _ ', , shall not be permitted mss.; '� ” to be placed upon any Lot or on the roof of any a - structure in :..-4,1,:�" :r y Morning Hill No. 2 if visible from the street inY -, . front of said ;r = ms`s;"";''' Lot. Any SL'Ch facilities ••^ .A j _ ._ Y shall be screened so as not to be ..! `•r -1$-„, ;-1.Y:i visible from the street. �' rN.-,--.,e4: -.••••-.. ,- ....3.15.1 Utilities. No outdoor overhead wire or service =' h �y fT, f::• drop for the distribution of electric energy or for . :�;:�-wtelecommunication purposes nor any pole, tower or other structure 3-::.,-,....•y -,:-.t.-7.1-;-:,%;,-;7supporting said outdoor overhead wires shall be erected, placed 1,4 ''-~ or mainudined within Morning hill No. 2. All Owners of Lots -..7.-4,"--- .`�•-.- within th...s subdivision, their heirs, successors and assigns -y- y'4-jfe , shall use underground service wires to connect their premises '-_„ '�',;i'-tri^ i .t't.,i;::- ".•s and the structures built thereon to the underground electric, ,% x_1 ti. ~' + - telephone utility, television 7,....7.4,;,.-,+ F y, or cabl.o tele ision facilities provided r: ;"Y... - except as mandated by local jurisdictions or public utility , - `1-.'- companies. , -• = 3.16 Water Supply. No individual water supply T:; :;. ':I system will be permitted or. any Residential Lot. x•.--., - 3.17 v ExteriorFinish. The exterior of all �.1 , --4..i.1. 6.5..",--71'.e'J•�Ne construction on a' Lot shall bebuilt d Kms', Y designed, and maintains ::.1-:_;:;...:.:-..;--,. in such a manner as to blend in t••:th the nat•.ral surroundings =�=' = existing structures and landscaping within Hill No, �- - g i Morning ti-W,Y�. 2. The Architectural Control Committee will '• ” �r= establish _' ......17'•: '. -- 7 t�t�RNIt'G HILL iO. 27 •' : •........ _,,,..,,,,..,.1.i„,.•:: ::: ,,;., ,_i,,.e...,,.. 12 :moi: t......„ ,:..,,,,,..„,„.„... m. ,......„...„r. , __ , • - • . �'• ••N. :.. _ •.._!.?�':aX'1•_.�._ ,�^y 'Y"Ybjv+•Ji�'srL. F-e- ,�•(� _ •_ V.A.' ' 3rjjr:•,r;l 4,s.•ay., 4:-it �. ..Nex.y-6-v-i Atm 4 ;r. . ,Si I �``�w.ry Jr'S/•" �oC� ♦•— •":a7,y` •"'rs ,, w .� ;/,. '; +•,►•4 •`=" '• '.e..•'r'•�•;'S•r+• � • !•`_'"r•. `•�J �4 •`'�.!r5^•� '. ���1 �'�•� ��.yR� '',:'-'1.---,:" • +YC�"y .•fir tr'•'=� �':'►�.�-. .� r T:, L�"•7ira,•,-XS:r;�' fs i;;1c10 4:'_.__. .}. ...'-'� tg•71�r(.i..it451,A •5.... ••:.:'-',..;i •'''i-'t •,�^.YQ•,.-70 c;g3/'fe •'-4"".Y.' '! , i ~' '� , r5b -r.;V' `G.lc-;c:y+/ -.':.,:... 3.• -�. , /!-�•r.,i$.-i . ._••Y'-•--gi,`•.,-r.e.:�`N< R- 7=-i i•.••-..' r•}:;$,,,,�'`S'.Lim''',--.....,----t. 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J,)i _:�� .�• y},... wrM .a. •._.�� `-��.�,,�{ i• .'t. !a s �:1� + ..Y •:L. :::f': ��r•� •�. .� .c.1 '-t,�c:*:-..V.Q6,'; .,t..•-•:%,'1 S•% •*,,_ •..).p•�.. r.ii'... .i.."• .:• .•f-:!'ll'il...i�ry.,, t--Ftlz•r.,.:,-;I.ru__ •.fit. S _ ,;.� }- •-•��,i• `'%:T.�,{�•.••c.�•.•r! �..•. •.t:;-c� `��✓ 'tir .atti•f�-y.']r:t��r;� .••s..r •.� r�..�r �;• ,.r•Uti. •i'vft�t. `� . il;,y�r wr.. " •t`,-�•.i .a1,vi s .♦:,r,t`;. ..', ti.,�, �• . ,r.. .. -L. t �. .ti L•. ±� . � .tr. 7rH�.•t� 'k♦ J' •`�L„ _ fi' •a�,^. ! ...v,• /• ..•t '- :. ... �: S.a>''.:_dty :;' ••J >. 1.1:Yn �`' +yam a i y ••r<►s`ti-•y 4 11� . _ �ti�'�••t. •• ''7•�••.�''-'f�:> �•` i4 `••r . •�, s•', f,• »asst • �`�,s.�.s i .7• .Li!�: y.�� 'S• ,••.:�.,jhw..)"���M -v�:._.• • ac c,���` '� �y�•,'.L.,7.�..:lii.•� � I. ��..r•r�.;;;I: . ��• a.1;�i�•� ift'-L.ti��..�. ••'i •, •a. �•Y a'V.�ttt.�K)'•.S .._v...Y �:r...•'.a!� l!�r+� F,. +'r :t.•. .3j'•,• .•.iZr'-=Q r i•. M •tV -f' �.•' .•.•� . .T•�.w. 3,f• p•�••�i'�'Z'•S•sr,.,4•'. ..� L.. .:.i t ..f :5. • Cj •••'S-"{.A.. •.�. • . r.. ti7r•_ >•Y':•,t .i4^':'. !�L '- :�,: .t.,:; -.rf:_r':L'%Y••. ;.... ...�a�. �f.•cr ��a- ;ui. 7f+' 1 •�i ?''i P� e,.a _ E:,:--•�'=���. i L•!.. .}:� %•• 1• 1t • t�ST '•,�...• •fir••. -� A�� .,�.....r� I :ay' •.. :.ail -'r'`..' ' guide lines to regulate the color of building exteriors. Colors ],�•Y"f�".•"` .gip^ .-.�i. :.'45_ ..fit =i= snail be earthtones. Exterior colors ir�ust be approved by the .t.....;,,,• :+�•• r I,r. 1.T ' -,- 4%_,!!!„.127-'4.: Architectural Control Committee in accordance' with the provisions ;;.,.- •,a Article TV. Exterior siding on the front of the dwelling rarr✓. =�::a::i:= to be of cedar materials or better (e.g brick, stone) per the % ; r ` .:' =' Architectural Control Committee Exterior trim, fences, doors, 'tis,••,-f-i-i ,. „.-7:,:'.:7.",---:.;, railings, decks '+ �- , g , eaves, gutters and the exterior finish of garages :. ,.�-.- and other accessory buildings shall be designed, built and s..._4, •;:a:,-.1*-,-' maintained to be comptabile with the exterior of the structure -`..y.••r '-P-r--: .• they adjoin. ? ''`. �'t ' 3.18 Roof.nc�. Composition roofing may be used a : : -,;:•::t• on any structure constructed on a Lot, but must be approvedtit '=' - beforehand in writing by the Architectural Control Committee. v". • ARTICLE IV �K- , rte+ '-"`'-,T.,. ARCHITECTURAL CONTROL COMMITTEE I.w' Av.• "'' 4.01 Membership: Appointment and Removal. The _, :11,..-.. 4:....,!..,,,,.„.,,,,. Architectural Control Committee referred to her hall be .2:-.7;:, ),`,,. a Il S �7.-:, y,-K composed of three members appointed annually by the Declarant. ;,•, },�F.. One member shall be appointed to serve for a one-year term, -•! '-..1.), 14.,:.,,,- w,,,,,,1am.= � ; > one to serve for a two-- ear term and one to serve for a three-year ' "i Z. term. At each such • i•. appointment thereafter, a member appointed : 4,••i1�:;r to fill theo ,,.,,.,:: position of a member :whose term has expired shall . - >'.t'.4 sem: %�'-'� be appointed for a three-year term. If any member of they i ' :s_ " Architectural Control Co.amittee is unable or unwilling to act, the remaining members shall appoint a successor to serve out •----z.;=1.::: .. the unexpired term No member of the Architectural Control '" h" �:r�:' Committee, however created or constituted, shall receive any 0 _ Y_ compensation from the Association or make any charge for his service. =ra -a ,,,,,, 4.02 Procedures• In the evert the Architectural ' " x.,17"".a ' ,x ContrUP ol ;: -_;;;,,.• , of Committee fails to apprcve or disapprove within fifteen • -:; '� (15) days after plans and specifications have been submitted - ,11 = =- to it, or in any event, if no suit to enjoin the construction -.- `- — 8 MORNING HILL NO. 2 Ft- •fit !--i.Jia. 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'14. �' S:.;.t`..::-Ii",:' r` ,•. -r '=t. s•: •�. ..�...{: r,•, r i':: v t,:.j —. _ tt: •. any :, t. _ .t.. . 4.1.;, tl' . •3.:,.• t'••-,:.:r. . yl..?•• A `••r::" _r:'%!;iF� •;;:i. '•- �y..i:.i.'.•f.i ✓k:74 Sf1:.=:f )N��•I.�}•�t 1 2. •!: ••►,•••� ���,�• :i':ti.-�.�..�.,:�'•- .•. �-• r•sf..�'��.•� rA,� ..F , ,.:�f,a•.! -�:.�f'• ••.ice«= itl�•:irS••• .�, •\a�'�. •.• ,a.• .l•�� �� ,• r'f � . ,y. ,. .•Z.'�. .�i �... i,Yst Y j'� ��r.' f•`�r.d• ., •r •� C.:,.;��'t�1.. 1r�t'r.r!':•a f ti�:,i :r�.{,ifi•. 7•F' •.f.: , r :.V.:::.:7:71-41(,:i. f'i "•:. ,5�.•,r "•- •v s c __r' ... :�i.+r' :a•,,•,�r �.. ..s 3� .�Z'.?�,i+ •.•ti„ -z.�" -• 'b,^ ts . f� -.�'•.e� �: _`'� _ i:i'...,�.�: .:a+�_�rsiu�� ,S'.�.! ::;t�•'Nti •�! Si,: a.a� •:� f•1:1.:•.f. ',;.. ,a,. ,��'.as- q�I ti..�.1 �eX I r'., .'i. _ ...• f..tiyr-•..• ` i' S; - •:t,rf.� '�._ ,J.'•�,�. •�:I.' ..fit R,t.r� -r �.� ,� C�. ti�IFi.I . .r• •1 •;,• •••`'•.ti;:i�-i..** . ,••:_..•Y 4w•-.74 ,?..«:••\' �••:ia-'t.'!ti..'-.:b :�. f a ••:r:, •a."i •.1,:: . ..,'; .y.,_;. �� • ;�::r♦ -��:. ,•'.i'� 'i:?e• ... ••.•.: ... ••••'u'•tt+a.,., =' :,—...."4.:,...-..P.rl�Y""�?y ,.5.•` .. .• � !...-.'!' r„+ 7!.. `7;.. • 4-..--_,A4.1.-;.,,,I, ,,`y.. j•r_ ..:♦:. ,. � .,: YY;' Z` 'fir ' .'i'.-.`. .' .•r' -j,, s•:,�;fe i:. •..t,:•, ;,`, � !t 'w•.••i:1 a.tk. has bien commenced prior to the completion thereof, approval '- • ;-' >• , '-f will rot be required and the related covenants shall be deemed ::•,;;-1 ii ;<• 'fz: to have been fully complied with. .�' 4.03 Action. Except as otherwise provided herein, -,.t �;. - any two members of the Architectural Control Committee shall ti• . have power to act on behalf of the Committee, without the :' i • `• ='~';4 necessity of meeting and without the necessity of consulting f`= ` - ...-- the remaining members of the Committee. The Committee may render r =•'� `==' ` its decision only by written instrument setting forth the action -. , 'Kt":'! taken by the mambers consenting thereto. , -'•y'�=" 't'; 4.04 Approval of Plans by Architectural Control' "' Y-. 4.,',"77'.:'.-Al.', Committee. No building or structure, including swimming pools, Y "' -.:::f1:::47:71 ` -:.I, }• :;_:-,' r_'• animals runs and storage units shall be commenced, erected, :: '- :.r•:-,;, ,; placed or altered on any Lot until the construction plans and it =.-.ilk ✓'•.cam, - �.:•a_ .;s,: specifications, and a plan showing the nature, shape, height, _ ""�"`�Y- "' with detailed ?,\Z:O%: .,., materials and colors, '.ogether plans showing the K =-: '.r:: :• proposed location of the same on the particular building site • '`4`- have been submitted to and approved in writing by the Committee. _I, - -'4'f`•I'•-y All plans and specifications for approval by the Committee must e-ii . z4.i% be submitted at least fifteen (15) days prior to the proposed ,;•C' a'.---`'r f�is ^t=--,�''A:=• = constriction starting date. , 1• , :l••fv-i1:ti 4' �.'-1 -� =',r?t; 4.05 Nonwaiver. Consent by the Committee fi ee to any ' ---4.:•• -!1,...-:-.4,4-k.'` matter proposed to it and within its jurisdiction under these .- • : : . 6. provisions or any other person or persons owning any real property '; � ;f , 4.x. embraced within the plat, at its or their option, shall have !, ='' to prosecute anyproceedings at law ;.4� ';' full power and authority p z _2 t ' -••,y•< : or in equity against the person or persons violating or attempting .1.,, !.-:. :i; to violate any of the said covenants, either to prevent the •r ' 7.1 _y,f. :; doing of such or to recover damages sustained by reason of such s`' h ':.,�ti ►w violation. Should the Declarant employ counsel to enforce any -t "r. - c Ir_ — f of these covenants, conditions or restrictions, by reason of ; �'=.`== _=:-' : such violation, all costs incurred in such enforcement, including ,4-ztt' a reasonable fee for counsel, shall be paid by the Owner of Ff • .�:= • such Lot or Lots and the Declarant shall have a lien upon such f. ri ,'- :::• •_'-.. Lot or Lots to secure payment of all such accounts. ..::.!--::'-',1z... .-.-7; t ``'%= -- 9 MORNING HILL NO. 2 Qt fajif?,wry1.1:v_ V C .}�, rY�'" •ti. Slr`•t.om.w.�{3:�[1✓� �' 4�.y3tt�.a-y ;,--'4 or ,r;;!,•- _,4_— !,�t•?-' i• ir0_tej` 1j..•�•t—v<'C• c; e+_ Yc'£�.k- ::v. : •ti •PV,...-.,,- v - �-it-. 'i fAfc Aitt: Aky,,? }li7 ♦-I+� 1y -"•7 ;:.-: ''...3':•7- :..*.T r', � -a41:7► �. -ihr tf`i' ' +r :-'41%,:-;--',.',"7"4t."-:,,, '�►_ i1- r-�z,_rr+..c_e`se�•s^w • '3 _Z.;,.'"',A-Iti: i.:hynYi:� "12;%`-r'.'- - ' • !y •.,.-4?"-ejliS t4c, i -P..7-1-1;'',A4,%.�� y'7C .j ?�tli" f•/.• t a S�y:4,.44•.!�ta. ' r�,•s.�iny�.�.'L r ,, s t.+1 • 1 t •, •... r ter• a,J:�.•: !'' i,:.• -'- ♦ ,i j F "!/_ _ ,j• - .Z.•!-;..:1:-.:i;-•t!..'.,':�"!-.7.-:••••:''..".;;;1, •044 rola..' }i3 ,?•.;.- ta . �'� .' ` �y ��� jt- 4 •• • •• • •.06 Effect of Breach. The breach of any of these ;,--:..%.,..--,7.7.:.7 covenants, conditions or restrictions shall not defeat or render - ,.:,..-.741:- invalid the lien of any mortgage or deed of trust made in good -....,..14;,.. . ;. -...:!7:::. faith for value as to any Lot or Lots or portions of Lots in such premises, but these covenants, conditions, reservations -.;:-.7.-:- :i - and restrictions shall be binding upon and - effective against `"• : . .:71 such r.. .tyagee or trustee or owner thereof, whose title ::r. thereto or whose title is or was acquired by foreclosure, •--..-.,,-„7.-1„ , trustee's sale or otherwise. " �' : .,,i- 't: - 4.07 Delay. No delay or omission on the part of - the Declarant or the Owners of other Lots in the properties - .! in exercising any rights, power or remedy, hereinprovided, in == =2' the e• eft of any breach of the covenants, conditions or _.r ,.:-•:.'. restrictions hereincontained, shall be construed as a waiver _;.°. : '; T:;r,1 thereof acquiescence therein, and no right of action shall accrue -7,;'::,;1-• :!) or shall any action be brought or maintained by anyone whatsoever `'-`,. against the Declarant for or on account of the failure to bring :_; any action on account of any breach of these covenants, conditions or restrictions, or for imposing restrictions herein which may ;7,-.'..".• ; �; .;. .1-7"'::-:::::$.:::;z,:. be unenforceable by the Declarant. mf`' 4.08 Extent of Remedies. `These covenants, conditions ,-,i-•:- " `' "=usyy = and restrictions are cumulative, and all remedies provided herein :::=' a---,-.:-,.-4--,- for breach are in additicn to any rising remedies provided by • -: ::.-3„:..- -,:,.?.. local o;: state laws, and not in lieu thereof. -'- .. 4- '•"~ 4.09 Approvals. Approval by a city or county =~-:`{ {� .-:-T governing board, vested -pith the responsibility of reviewing '.: :•': planning and zoning having jurisdictions over this subdivision, ' =.04 of an application made by the Declarant which is in conflict ••= :1 .,...,.,......-.•<_-., s: with any covenants, conditions or restrictions of these Covenants ;-1, f.%:;::-.-A4 shall in no way affect or invalidate these Covenants, but these _='•``, /-::,--e-. :::..-, Covenants shall remain in full force and effect, and subject *-=' - -- to enforcement and remedies for violation hereof, subject to ;,,; ; '" the right of the Declarant to change the land use designation �;-`= 1! as provided in the Articles herein. ?-- 4.10 Amendment and Repeal. These Covenants or _ '1 any provision thereof as from time to time in effect with respect <0 ', to all or any part of Morning Hill No. 2 subdivision may be -, A '". amended or repealed only by duly recording an instrument which --- . 1, - — 10 MORNING HILL NO. 2 0 amt. §!:. - - �. --. - _- _ •:y:- 'moi`.•r.-- .:Y•^ rrr'�r.._1._-^.f^-r Sr - ^.�r`.• .' . tk' -i:'-'.:.+.•�.w::_ " - - )) .t _.�.-v... _ -iv'.'• :KS.1 �...-.�'•:' '4.1Z: t, t;1i.�y yt....,,'•-•rv• _ •- 'r• +LJ• ��'..•y :j� � - �1.�•- J.• --J n ,i .•i• J. i M r •'--1J r �v..Mn(..� �•+.7 fo_ r.'• ^- -, - - ..�-►v.. .%v. "•t f 4, .J„ •.Q'�:P :- ..� 1':!. �... .-{L 14 ;t r�i•c.+ _.. ..4--)itl.••:LeT >' .c� .ham- - �Y.. .tom'`` i-� - •I .f .i-•i:-•.?w - :=s. t. i'.-. - .k _ - e:; �a.- ..• - •' .' :.! �:•-�.s.a• T..•..,7,t .•,�'--•.- .ta :l=it. .�. t?.r y�„ .: •�.e...... +'� . '..�'- - ..:1: .r _ -2: � •�T..s..:i:�.• ::..�"k• '}-i :r....-:-._...a•• �J{ �W.s►'�`' y'{.F�..� �•�'y...'�`, 2 ;,l:.j_.0�: _ --;_E•:::,,:-.7,-..:,....:-.;.;,-,•$±5.1-4.24:34. ..r.• -.t�:Jr=�':*'x�4'�:1>-=.i��::�• �}. yyi�.�y .�_�.� ,..r�,a!.r :•G'- .� .is•S-.%� .i;.t.M,."S -�t'•.i�-u.'4.•[' - ••.-•s'n � . 3svfi :*'�•.. c. r .-_ �,..a; �� r„r r ••.,�,•, .— " •,. �_. i'ri •��'+^��.:►.*;:;.-2:::-,,,-,:...„....:,-.„4....:?.:,-....-.... ._,,,,� _ ��w �«�:+�+r'�- a� �.�.�-'.:�a;.��is w:i. •,.-�J-+y+•'b'f- ��:-s;'rsti,y ,jy• 's���.�••,.�r��- c: ��..1�. �i .a 1.-�`i - -{"14 .�rt�a�t` 'S_!; �` rte: --y. - =t'•':' •.t s.�It :. a. _a:`-•= ''i� :!-+.^.-". '�:f •rc �_ -.:tom: :i' -ys. _ :r; .n•+•r� ..ti .,1•. �.:. .R -.P',474' - -..:•X�.:577••;•.:;;.�: +. t = .. .a;.:: -. ,tip sr�-'- y. '•i 'i arm - - _ - -S.�;� _ ��' ��._- 1.4Y - -+��� ��•Z�ir•7r?P a...... r.. s{T .. ...f+-:r1�.... .:_ ....�_ a , . . a:C'�� ...� aa� .» �'Ji':3�.`.�':•�f h:Y.' LCy+±4S ..slr...._.� .hS"fy. -S!•'*;_. .±.,,•-� ._. -.. _?S'!� •+• - ws ' ••-••S-•1— •• •y i<<- .C•-,...•:••••ti:CT•-�1.'::... �J-..."2:..• ;y�,.',*-••.---1:-..:.•::."-•.:-•-.y •^a• .r.r••t.' • -..—:-...;-;-,:-.•,•:•---- . 'J.t•s'•• i `.dL- •q,.- .r,•tr T"•-.' } *•1`f tr r.f... l p'i ;,D�,-.•. •..•.. v.e�1:.;4 ar;1 %'i October 11, 2017 RECEIVED Attn: Lina Smith, Assistant Planner OCT 12 2017 City of Tigard Planning Division 13125 SW Hall Blvd. CITY OP T A,RD Tigard, OR 97225 PLANNING/ENG i' EERING RE: Case ID Number: HOP2017-00035; Concerns pertaining to Application for Type II Home Occupation at: 12418 SW 131st Avenue, Tigard, OR 97223. As a resident I have lived in this neighborhood for 21 years. I know each neighbor on 131st Avenue from Bouneff Street to Chimney Ridge and beyond. We live in a unique community where the neighbors have strong connections, we have built relationships, the children play together freely in the street, and we each look out for one another and take pride in maintaining the livability of the area. I am concerned that approving a business that draws people into this residential area will have detrimental impacts. Traffic will increase, on street parking will expand, people who we do not know will be coming and going, and as a result of these elements the safety of our children will be compromised. The livability and desirability of the neighborhood will decline and eventually the valuation of our properties will decrease. There is a strong kid presence in our neighborhood. Go the distance of 4 houses in each direction of this proposed business residence and you will add up more than a dozen children who live within the proximity. There are 10 children ages 5-10 that catch the bus across the street from this residence each morning and then return to this bus stop each afternoon. The neighborhood children play outside daily; roller blading, biking, playing street hockey and basketball. The kids are concerned that their ability to play basketball at the hoop across the street will be limited due to increased parking. Safety and the general welfare of these children isray biggest concern. I worry that increased vehicle traffic and drawing in strangers with uncertain backgrounds will be detrimental to the well-being of the overall neighborhood. I am concerned for the immediate impacts. The proposal is to provide in home counseling services, with a maximum of six (6) daily clients. Hypothetically, bringing in 6 clients 5 days a week means an influx of 30+ potential strangers each week into our residential neighborhood. People who's mental/emotional state is uncertain, who are in need of counseling. Clientele that is ever changing, creating foot traffic between houses as they walk to the backyard to access the business. Taking away from the privacy of those living here and reducing the marketability of our homes. I have concerns for the uncertainty of what this influx brings. Potential for clients to be speeding in our neighborhood because they are late to their appointment. If early, will they by hanging out curbside smoking/vaping in an effort to calm themselves before proceding to their counseling session. Will they have a person who drives them to their appointment, and rather than sitting inside the business prefers to remain in their car waiting for the duration of the counseling session thus deminishing the comfort level of our neighborhood environment? In addition, I have many unanswered questions: • What type of counseling is taking place? Who's to say the clientele won't change in the future? (As a resident how can I tell if it is Marital counseling, Rehabilitation counseling, Mental Health counseling or Substance Abuse counseling?) • Is there any dispensing/use of drugs/medications in conjunction with these counseling services? If so what & how is such medication being used/dispensed/managed? • What are the hours & days of operation? • Will there be additional employees on site? • Are these individual or group counseling sessions? (From what info I have found, the applicant: Virginia Hill, LCSW; currently practices at Compass Oncology and information indicates she facilitates group meetings and provides support for patients and families; will this level of business be maintained?). • How much traffic/increased parking will be allowed in the neighborhood? (Accounting for overlap in arrival/departure of clients presumably during any given hour there could be 2 client vehicles plus a potential 3rd if there is an onsite employee; client vehicles could increase if group/family counseling is implemented) These are in addition to any vehicles belonging to the homeowner and occupants. • Are there restrictions to make sure the business doesn't transform into something different or more expansive than initially intended? • What kind of signage will be displayed? How will it look/change the feel of the neighborhood? • What kind of presidence is being set for similar businesses to establish within surrounding residences? I would appreciate answers to these questions, but please realize my position on this proposal will remain unchanged. There is a difference between running a "no impact" business vs. running a business that draws clientele into a neighborhood. I strongly feel this neighborhood is not the proper location for implementing such a business; the impacts are too great. This is an established Residential area made up of single family dwellings, constructed for the purpose of housing families. The houses and properties were not intended for business use. I do not want to give up our privacy, have people coming and going daily, and feel compromised because of one person's desire to run a private practice business out of their home. While the Applicant is seeking personal gains, the Resident's will experience personal losses. The Applicant has only lived in this neighborhood for a few months. She now wants to impose a home business that will change the dynamics of this neighborhood forever. As homeowners, we have the right to enjoy living in our homes, interacting comfortably with our neighbors, and experiencing the satisfaction of watching our children play, and grow and feel safe in the neighborhood they live in. For 21 years I have contributed to maintaining the livability of our neighborhood. I value the nature, peacefulness and feeling of security our neighborhood offers. I do not want to see my neighborhood transformed into a business community. Thank you for considering these concerns as you move forward with your decision making process. Sincerely, Heidi Brown, Home Owner 12326 SW 131st Avenue Tigard, Oregon 97223 Lina Smith From: corkran@juno.com Sent: Thursday, October 12, 2017 4:50 PM To: Lina Smith Cc: corkran@juno.com Subject: Fw: Private and Confidential Email RE: Case HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged Hello Lina, I hope you are having a lovely day! I am responding to the letter we received regarding case number HOP2017- 0003 5. I have concerns about having a business, especially a counseling practice, in my neighborhood. Is the applicant, Virginia Hill, allowed to change the type of clientele she sees without notice? I found some information online about, Virginia Hill, and was curious how long she has been an oncologist counselor and if she plans on switching who she sees. Part of my concern is the number of potential individuals visiting the neighborhood. If Virginia saw 6 patients, a week, Monday through Friday that would be 30 individuals. If you multiple 30 x 52 the number of possible individuals would be 1,560. Those calculations dons€TMt include individuals who are coming to the appointment with the individual or who would be waiting in the car. We are the original owners of this home and have been here for over a quarter of a century. The reason we stay in the neighborhood is for the simple lifestyle and being able to have kids and grandkids play in the streets. We want to make sure this is a safe environment for all members of the community. Thank you for taking the time to read over my concerns. I hope the rest of your day goes well! Cheers, Margaret Corkran 12567 SW 131st Ave Tigard, OR 97223 H) 503-579-1305 ***This message is private and confidential only to be seen by the parties intended*** Lina Smith From: Shannon Duffy <shaduffys@gmail.com> Sent: Thursday, October 12, 2017 4:55 PM To: Lina Smith Subject: Case#HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged Good afternoon Lina- I wanted to voice my concerns regarding Virginia Hill using space in her home for counseling services. We are a family oriented neighborhood filled with children of all ages as well as many pets. I have several concerns about allowing someone to essentially conduct a business out of their home. One is the increase in traffic which can endanger the lives of the children and pets who reside nearby. Also, the type of people that will be brought to the neighborhood to be counseled. I have no idea what their state of mind is when they are entering the neighborhood which could be detrimental to those of us who live here. Will there be restrictions on the type of people, reasons for the counseling and the degree of counseling? The notice doesn't say if she will be counseling pedophiles, drug addicts, cancer patients, families, children/adults with behavior disorders, sex addicts, etc. The list of potential dangers goes on. I do not think it is a good decision to intentionally bring people to our neighborhood who could potentially bring harm to those of us who live here. Thank you for the opportunity to speak on behalf of my family regarding the applicant's desire to counsel people in her home. Sincerely, Shannon Duffy 12732 SW 131st Ave. Tigard, OR 97223 1 Lina Smith From: Erica Ediger <erica_ediger@hotmail.com> Sent: Thursday, October 12, 2017 3:47 PM To: Lina Smith Subject: Comment on HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged To Lina Smith, Tigard Community Development: I am writing to comment on Case ID HOP2017-00035, an application for a Type II Home Occupation at 12418 SW 131St Avenue in Tigard. I am a nearby neighbor who has concerns about this type of a business in my neighborhood. Currently our neighborhood is a peaceful area where kids are often found playing after school, on weekends and throughout the summer.Neighbors are often seen chatting at the mailbox or school bus stops and it is a friendly area to walk through. Many neighbors know each other and are familiar with people who are typically in our neighborhood. I have several concerns regarding the application I wish to convey. 1. Hours—The type II permit only specifies clients may not visit between 10pm and 8am. I am concerned about having a string of clients in the neighborhood during times when kids are walking to bus stops in the morning or getting home from school in the afternoon. School bus pick-ups go from approximately 6:30am to 8:40am in the morning and 2:45pm to 4:30pm in the afternoons (except on Wednesday which is from 1:30pm to 3:00pm due to BSD early release). 2. Days—They type II permit does not specify the days clients may be seen. I have concerns with the business operating on the weekends. As stated above, this is a family friendly area where kids are outside playing a lot, especially on the weekends. 3. Clientele—My understanding is that currently Mrs. Hill provides oncology counseling. My concern is that over time the clientele could change. In particular, I am concerned that the type of counseling could at any time change to include Drug/Alcohol abuse, Sex Offenses, or other issues that would routinely bring criminal offenders in to the neighborhood on a routine basis. 4. Clientele Numbers—Although the Type II code specifies the number of clients per day, it does not specify how many at a time. I am concerned this could result in group counseling which could result in many cars parked on the street at the same time which I would not be in favor of. Due to these concerns, I am not in favor of the approval of Mrs. Hill's application to provide counseling services from her home. Mrs. Hill already provides counseling services outside of her home, and I feel approving the application would degrade the safety and family-friendly feel of the neighborhood. Thank you, 1 Lina Smith From: Jen <jenworth@comcast.net> Sent: Thursday, October 12, 2017 8:38 AM To: Lina Smith Subject: Re: Case ID No. HOP2017-00035 Hello Lina, Chris and Heidi Brown have a hard copy of the CC&Rs. I will ask them to forward you a copy. Thank you. Michael Gismondi > On Oct 12, 2017, at 7:44 AM, Lina Smith <LinaCS@tigard-or.gov> wrote: > Dear Jennifer and Michael, > Thank you for your e-mail. I will incorporate your comments into the land use case file. Can please provide me with a copy of the CC&Rs? Is there currently an active Homeowners Association for this neighborhood? > Lina Smith > Assistant Planner > City of Tigard Community Development > 13125 SW Hall Blvd. Tigard, OR 97223 > E-mail: LinaCS@tigard-or.gov > Original Message > From:Jennifer [mailto:jenworth@comcast.net] > Sent: Thursday, October 12, 2017 7:25 AM > To: Lina Smith > Subject: Case ID No. HOP2017-00035 > Ms. Smith, > > I object to the issuance of a Home Occupation Business License to Virginia Hill, LCS at 12418 SW 131st Ave Tigard, OR 97223, case ID number HOP2017-00035. I own the home at 12400 SW 131st Ave, directly next door to Ms. Hill. The operation of a counseling business would directly impact our quality of life. I have three grandsons who live at this address and I purchased this home specifically for the family centered, community spirit that is present in the morning hill neighborhood. The kids are always outdoors, riding bikes and playing with all the other neighborhood children. We enjoy the backyard and the privacy that the wetland park offers us year round. The operation of a counseling business where at least 30 clients per week are being seen and traveling between Virginia's home and ours will completely destroy that privacy. The nature of counseling is such that the individuals, and possibly the families or friends of individuals,will be seeking treatment for crisis and mental imbalance. While it is noble work,it is work that should be done away from residential areas. The unnecessary risk of complications arising from the imbalanced mental state of these individuals is a hefty burden to be placing on the families who live in this neighborhood. We do not agree that any business should be operating within any residence in the morning hill area. There are Covenants, Codes and Restrictions that prevent any of the residents in this area from operating a business from their homes. The CC&Rs are clear that this is a residential area and as such, no business shall be operated from any residence. > Being directly next door to Virginia,it seems only logical that she would have been informed when she purchased her home that there are CC&Rs for this neighborhood. Her request would not be supported by the majority of our neighborhood and is certainly not supported by me and my family. We enjoy the peaceful nature of life here and while we do support the good work she does with people,we will not agree that she should be doing it next door...from her home. If Ms. Hill wanted to operate a business from her home, she should have purchased a home in a mixed use residential area. This is not that place. > Ms. Hill currently sees patients for Compass Oncology and it is not unreasonable that they should provide her with a space in which to see the people they refer to her services. From our perspective, this is a request sought for Virginia's convenience that we should not have to accommodate. The value of our homes will decrease significantly. The additional traffic and vehicles parking in front of our homes will cause safety issues for our children. Not knowing who is coming and going and having people coming and going constantly from potentially 7am to 10pm is something we did not sign up for when we purchased this home. Had we wanted to live in a business district,we would have purchased a much less expensive home in a different type of setting. As it was, we were looking for a family centered, low traffic neighborhood. Our neighborhood has very predictable traffic patterns with very little traffic. It is not a heavily traveled area due to the way it was set up. This neighborhood was built to be exactly that...a neighborhood. Not a mixed use zone. We know our neighbors. We know that we can let our children play outside. We know who comes and goes. If this business is allowed to take root,we will no longer have that peace of mind. There will be 30 additional vehicles per week. At least 30 different people per week...walking down the path between our house and Virginia's. We will have no privacy. We will be subjected to various situations that would never arise if Virginia's counseling practice were being operated outside our neighborhood in a proper business location. > I did not pay nearly half a million dollars for a home in a business district. I paid nearly half a million dollars for a home in a safe, quiet, child centered neighborhood in this community. I'm willing to do what is necessary to ensure that our CC&Rs are upheld to maintain the quality of life we enjoy in our neighborhood. > MIchael Gismondi > 12400 SW 131st Ave > Tigard, OR 97223 > "Tigard. A place to call home." 2 > DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 3 Lina Smith From: Cynthia Hedgecock <Idscyn@msn.com> Sent: Thursday, October 12, 2017 4:49 PM To: Lina Smith Subject: Re: HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged Hi Lina, In referencing this case HOP2017-00035: As a resident of this neighborhood I am opposed to this neighborhood being used for business. I want to keep it residential. Cynthia Hedgecock 1 Lina Smith From: Lina Smith Sent: Monday, October 23, 2017 2:09 PM To: Patrick Kutch Subject: RE: HOP2017-00035 Attachments: SKM_C554e17102314010.pdf; Geographic Information Systems -Washington County, Oregon.pdf Dear Mr. Kutch, This application is still in review, but I wanted to address the issue about not receiving the original notice in the mail. We pull our mailing addresses for public notices from Washington County property tax records. I pulled up the Assessment& Taxation Report for your property (second attachment), and under ownership information, it lists a Beaverton address,which is where the notice went (please see the first attachment—it's a scan of the returned mailing envelope). I'll make a note for this particular case to send the notice to the 131st Avenue address (or if there is a different address you'd like me to use, please let me know). To update the address with Washington County, please contact their Assessment&Taxation Department: http://www.co.washington.or.us/AssessmentTaxation/. Thank you, Lina Smith Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Lina Smith Sent: Thursday, October 12, 2017 3:12 PM To: Patrick Kutch Subject: Re: HOP2017-00035 Thank you for your e-mail. I will incorporate your comments into the land use case file. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd. Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov From: Patrick Kutch<patrick.kutch@gmail.com> Sent:Thursday,October 12, 2017 2:49 PM To: Lina Smith Subject: RE: HOP2017-00035 Hi Lina, I would like to register my concern over case ID Number HOP2017-00035. I would first like to inform you that I did not receive the notice of proposal many of my neighbors did; however I was able to get a copy from a couple of them. The notice did specify what type of counseling would be occurring, nor if there were restrictions on that type of counseling may be permitted in the future. We have a fairly close-knit neighborhood where most of the children play in the street quite close to the residence named in the proposal. I've concerns not only about the increased traffic flow, but also about the safety of our children. It occurs to me that while driving through our neighborhood on a regular basis, patterns about children could be easily noted and exploited by say an individual seeking counseling for violent behavior towards children. While not opposed capitalism,this is a residential neighborhood not a business center intended for regular business traffic and customers. There is a place to live and a place to do business with the public. I'd also like to voice concern over the fact that the residence in question seems to have done a lot of remodeling in preparation for this business before having obtained permission to actually run the business. This inherently 'feels' off to me. Sincerely, Patrick Kutch 2 Lina Smith From: Omeda Miller <omedamiller@gmail.com> Sent: Thursday, October 12,2017 4:46 PM To: Lina Smith Subject: HOP2017-00035 Lina, My husband and I object to having our neighbor, Virginia Hill carry on her counseling business from her home. It will increase traffic, invite strangers to the neighborhood and potentially cause a threat to neighbor kids playing in the street as patients wait in cars for their appointment. Omeda&Larry Miller 12223 SW 131st Ave. Tigard, OR 97223 1 Lina Smith From: SUSAN <oberfies@comcast.net> Sent: Thursday, October 12, 2017 3:59 PM To: Lina Smith Subject: Case HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged Dear Luna I am writing in response to the notice received regarding Case HOP2017-00035. I live within a few blocks of this address and do not support this kind of type II Home Occupancy in my neighborhood. I do not want the additional traffic into the neighborhood that it will bring and there is only street parking available. My concern is also that this will set a precedent for other residents to request the same privilege. My hope is that you will understand the potential impact on the close neighbors as well as the overall impact to our very nice and quiet little section of Tigard that we love. Sincerely, Susan Oberfield 12762 SW Morning Hill Ct Tigard,OR 97223 Sent from XFINITY Connect Application i October 12, 2017 To: LINA SMITH Assistant Planner, City of Tigard Dear Ms. Smith, It has come to my attention that Virginia Hill,Case#HOP2017-00035 has petitioned the city to allow her to have a Type II Home Occupation Business at her home at 12418 SW 131st Avenue,Tigard, OR 97223. I have concerns about this business in our residential neighborhood. They are as follows, We live in a quiet neighborhood with many children that play in the front of our yards where they have played basketball, stick hokey and ride bikes and skateboard's with one another. It has always been a low traffic neighborhood so we know our children are safe. Bringing a business into our neighborhood would disrupt the flow of traffic on 1315t Avenue by potentially 30 cars coming and going per week and cause parking of strangers on our street and in front of our homes. Potential clients could arrive before appointed times and remain parked in front of our homes not to mention drivers dropping off clients and waiting in their cars for up to an hour or more while children are outside playing. My other concern is that we back up to a very secluded green space and wet land which is not seen from the street but is very visible from the purposed entrance of the address in question. My concern here is that if there is a criminal element to Virginia Hill's LCSW cliental that they see this space as a future homeless campsite or hold drug deals and other criminal activities here. All of the neighborhood homes on this street adjoin this greenspace,thus I and other home owners are not comfortable with the fact that this could lead to our homes being broken into,vandalized and homeless activities could enter our backyards. Not to mention other criminal activities and potential harm to the children here. Virginia Hill's LCSW clients may be children or respectable working class people and I understand that they have a right to professional care. But again the traffic would still be an issue to me. This also bring up the question of; if she has a desirable cliental in the beginning and her services change to aid and council a criminal element such as violent offenders and drug and alcohol abusers etc., will we have to be notified of the changes or are we stuck because she has already gotten the city's approval? If this is the case then I am against granting the permit or license for this type of business in my neighborhood, less than 500 feet from my family's home. I want assurance that this business will never be allowed to bring a potential criminal or unsavory element into this quiet, peaceful,family oriented neighborhood. Thank you very much for listening to my concerns, Sincerely, Linda Seiler 12310 SW 1315t. Avenue Lina Smith From: Deb &Jon Stoner <kidsatheart4@yahoo.com> Sent: Thursday, October 12, 2017 3:38 PM To: Lina Smith Subject: Case ID HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged To the City of Tigard Planning Commission, We are writing to express concern over the proposal to allow a counseling business on our street. We have lived here for 27 years. There are many young families here. The kids on our street play outside ALL THE TIME. They are always skating, biking, playing hockey or just hanging out. With this proposal there could be 30 clients a week as well as unknown numbers of those attending counseling with them, transporting them, etc. This many strangers in and out of our neighborhood is concerning. While we understand the merit of counseling services, we feel they would be better sited in a business district that our residential neighborhood. Thanks for your consideration, Deb & Jon Stoner 1 Lina Smith From: Craig Williams <craig.a.williams@comcast.net> Sent: Thursday, October 12, 2017 4:27 PM To: Lina Smith Subject: Case ID Number: HOP2017-00035 Follow Up Flag: Follow up Flag Status: Flagged Dear Lina Smith, I am writing comments as an interested party in regards to the Type II Proposal Home Occupation/Type II Case ID: HOP2017-00035. I do not feel that approving this proposal is in the best interest of our neighborhood. When we moved 10 years ago,we did not intend to move into a mixed use area, but a residential one. Thus far,that has been the case. This proposal is an attempt to change the dynamics of our neighborhood and I am opposed to it. I also object on the basis of there not being adequate off street parking and an unnecessary increase in the amount of traffic that could be caused by up to 6 clients going to this address on a daily basis. There are many children in our neighborhood and the impact on their ability to enjoy their neighborhood may be effected as well. This is a residential neighborhood and the city currently provides plenty of areas for businesses to do their business in. I object to having my neighborhood become one where as many people as want to can have clients come to their houses for business reasons. Thank you. Craig Williams 12698 SW Morning Hill Ct Tigard OR 97223 1 Lina Smith From: Lina Smith Sent: Tuesday, October 24, 2017 10:46 AM To: 'Chris Brown' Cc: jenworth@comcast.net; Heidi Brown Subject: RE:Zoning Application Confliction Attachments: SKM_C554e17102410270.pdf;Zoning Map zoomed in.pdf Hi Chris, Virginia Hill's property (12418 SW 131St Avenue) is zoned R-25 Medium High-Density Residential. The applicant did make an error on the Pre-Application Conference form, and listed it as R-4.5 Low-Density Residential. The Pre-Application Conference form is not the official Master Land Use Application form that we'll use to process this Type II Home Occupation, but I did redline it with the correct zoning and my initials (please see attached) —this is the version that will go into the public record. I've also attached a zoomed-in Zoning Map that shows Virginia's property is zoned R-25. I also located the original land use file for this subdivision (Morning Hill No. 6) from the 1980s. The decision shows that even when the subdivision was originally created and approved,it had two zoning designations: R-4.5 and R-25. Here's a link to view the entire file online (the file was too big to attach to this e-mail): http://publicrecords.tigard-or.gov/Public/DocView.aspx?id=523364&searchid=0b579efd- c1 ba-4cb3-8ab8-8c5dc2bf9563&dbid=0. Please let me know if you have further questions. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS(a,tigard-or.gov From: Chris Brown [mailto:Chris.Brown©apgn.coml Sent: Friday, October 13, 2017 11:50 AM To: Lina Smith Cc: Chris Brown; ienworthPcomcast.net; Heidi Brown Subject: Zoning Application Confliction Lina, it shows in the application that there is confusion on what the current zoning is. Zoning and how it is written is important when making decisions currently and in the future. Before the Director moves on with the ability of changing zoning and adding more confusion, I would like to see the documents that show the exact current zoning line separation. Tx,Chris 1 Lina Smith From: Jen <jenworth@comcast.net> Sent: Tuesday, October 24, 2017 7:26 PM To: Lina Smith Subject: Re:Zoning Application Confliction Sorry about that, Lina! 0 Thanks for responding! My Dad depends on me for his email communications, but I am no expert! I'll try to catch Chris and Heidi later. Jen On Oct 24, 2017,at 6:49 PM, Lina Smith<LinaCS@tigard-or.gov>wrote: Dear Jen, I believe you meant to send this e-mail to Chris Brown. Virginia Hill's Type II Home Occupation application is still being reviewed. The purpose of my e-mail below was just to answer Chris' question about the zoning designation— there was confusion about whether the subject property is zoned R-4.5 or R-25; either way, they are both residential zones, so whether an applicant lives in the R-4.5 zone or the R-25 zone, they'd still have to go through the same process. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Jen [mailto:jenworth@comcast.net] Sent: Tuesday, October 24, 2017 6:30 PM To: Lina Smith Subject: Re: Zoning Application Confliction Hi Chris, This sounds like they still plan to allow the business...a.m. I reading that correctly? I've been super busy the last few weeks. I'm home tonight if you want to stop by, or Maybe tomorrow after 7? I can drop by, too, if that works better... Jen On Oct 24, 2017, at 10:46 AM, Lina Smith<LinaCS@tigard-or.gov>wrote: Hi Chris, Virginia Hill's property (12418 SW 131st Avenue) is zoned R-25 Medium High-Density Residential. The applicant did make an error on the Pre- Application Conference form, and listed it as R-4.5 Low-Density Residential. i The Pre-Application Conference form is not the official Master Land Use Application form that we'll use to process this Type II Home Occupation, but I did redline it with the correct zoning and my initials (please see attached) — this is the version that will go into the public record. I've also attached a zoomed-in Zoning Map that shows Virginia's property is zoned R-25. I also located the original land use file for this subdivision (Morning Hill No. 6) from the 1980s. The decision shows that even when the subdivision was originally created and approved, it had two zoning designations: R-4.5 and R- 25. Here's a link to view the entire file online (the file was too big to attach to this e-mail): http://publicrecords.tigard- or.gov/Public/DocView.aspx?id=523364&searchid=0b579efd-clba-4cb3- 8ab8-8c5dc2bf9563&dbid=0. Please let me know if you have further questions. Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov From: Chris Brown [mailto:Chris.Brown(apgn.com] Sent: Friday, October 13, 2017 11:50 AM To: Lina Smith Cc: Chris Brown;jenworth@comcast.net; Heidi Brown Subject: Zoning Application Confliction Lina, it shows in the application that there is confusion on what the current zoning is. Zoning and how it is written is important when making decisions currently and in the future. Before the Director moves on with the ability of changing zoning and adding more confusion, I would like to see the documents that show the exact current zoning line separation. Tx, Chris DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." <SKM_C554e 17102410270.pdf� <Zoning Map zoomed in.pdf 2 Lina Smith From: Lina Smith Sent: Monday, November 13, 2017 10:18 AM Subject: Case No. HOP2017-000035: Statement from Applicant Attachments: 2017-11-13 Applicant Statement.pdf Thank you for your written comments regarding Case No. HOP2017-00035, a proposed Type II Home Occupation Permit for Virginia Hill, LCSW at 12418 SW 131st Avenue. Please see the attached written statement from the applicant, in response to questions or concerns outlined in your comments. If you have specific questions about Virginia's proposal or her practice, feel free to reach out to her directly at virginiahilllcsw@,gmail.com. If you have questions about the application process, please feel free to contact me at (503) 718-2438 or by LinaCS@tigard-or.gov. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS(aitigard-or.gov 1 RECEIVED November 13, 2017 N O V 1 3 2 017 CITY OF TIGARD PLANNING/ENGINEERING Dear Neighbors, Thank you for your responses. I appreciate your interest and want to address your concerns and questions. This gives me the opportunity to hopefully open a conversation and allay some of the concerns. I value dialogue and I am concerned that there are false assumptions being circulated regarding my practice. I would like to provide my neighbors with additional information. I hope that this letter will be an opening to conversations to move forward as neighbors. As a woman and mother I too value and want to live in a safe neighborhood. I have three children who will confirm my diligence to their well-being. My eldest son visits me at my home as he lives independently having launched into young adulthood with a career as an architect. My daughter is living with me as she begins her new career as a teacher. My youngest son is living with me when not attending college. The feeling of safety in my home with my children and for myself is of the utmost importance to me. I appreciate the concern around the issues of homelessness, criminality, and the abuse of drugs and alcohol coming to our neighborhood. I do not see clients who are homeless, criminals, or that have alcohol and/or drug abuse issues. These are not the clients or issues I am working with as part of my small private counseling practice. My clients are people like you and I. They are voluntarily obtaining support for the pains of life in a proactive, intentional and solution focused way to live a wholehearted life. I am honored to know my clients intimately. Given the nature of my career, I know my clients far better than many other casual relationships. I specialize in providing counseling with children and women experiencing grief and loss, cancer diagnosis, and life transitions. My clients are middle to upper middle class and are highly functioning individuals in the community. Over the years in my private practice, I have not had any reason to be concerned about the clients with whom I have worked. I have developed these specialties and have no intention of changing the focus of my practice in the future. I have been a practicing licensed clinical social worker for nearly 25 years. I have focused my career on working with children, adults, and families in medical settings, which have included Shriners Hospital, Providence Hospital and Legacy Hospital, including their hospice and bereavement programs. I am currently a part-time employee with Compass Oncology. In addition and completely separate from working for Compass Oncology, I am a sole proprietor of a small part-time private counseling practice. I have had my counseling practice for the past 9 years. I provide counseling services only 3 days a week seeing between 10 and 16 clients in a week. Obviously taking time off for holidays and vacations. I am a sole practitioner and I do not have any employees. I screen clients prior to being accepted into my practice. All clients are seen individually or in the case of children with their parent by appointment. I am not providing group counseling as part of my private practice. Some examples of the type of clients that I provide counseling with are as follows: A school age child whose parent is ill and now is experiencing separation anxiety. A woman seeking support for the grief she is experiencing after the death of her husband. A woman having completed cancer treatment and feeling she should be back to normal. I will offer a professional setting with a separate entrance to my private office that includes a waiting room and restroom for clients and for the parents of the children to use. My clients also value their own privacy when seeking counseling support. My home is a no smoking home. This will be the same standard for my clients. Licensed Clinical Social Workers are not licensed to prescribe medications; I do not prescribe or manage medications for clients. There will not be signage in the front of my home indicating there is a counseling practice. There is normal traffic coming to our neighborhood with extended families and friends visiting. It will not appear any different at my home when family and friends are visiting or clients. Clients will be utilizing the two parking spaces on my driveway and will not need to use street parking. There are home businesses already practicing in our neighborhood. I am not setting a precedent with having a limited practice. I too want to live in a caring and compassionate neighborhood where neighbors watch out for each other and children can play. I have purposely tried to proceed with this project in the most above-board and transparent way possible. I welcome having a dialogue and answering any further questions. I invite you to contact me by email so we can schedule a time to talk by phone or to meet. Warm Regards, GGA Virginia Hill virginiahilllcsw@gmail.com Lina Smith From: Dale Sykes <Dale@newbergford.com> Sent: Monday, November 13, 2017 11:39 AM To: Lina Smith Subject: RE:Case No. HOP2017-000035: Statement from Applicant Thank you. Dale E. Sykes Fleet Manager Newberg Ford 503-538-2171 503-312-4006 cell 503-538-6179 fax dale@newbergford.com "Available 24/7 to assist" From: Lina Smith [mailto:LinaCS@tigard-or.gov] Sent: Monday, November 13, 2017 11:37 AM To: Dale Sykes<Dale@newbergford.com> Subject: RE: Case No. HOP2017-000035:Statement from Applicant Hi Dale, The application is still being reviewed. Decisions are based on the specific approval criteria in our Development Code: http://www.tigard-or.gov/DevelopmentCode/18742 1.pdf. Also,keep in mind, even after a decision is issued, there is still an appeal process. Since you received the original public notice in the mail,you are eligible to file an appeal—there is a $250 appeal fee, and a customer would need to submit the appeal form at the City of Tigard Permit Center (13125 SW Hall Blvd,Tigard, OR 97223): http://www.tigard-or.gov/city hall/departments/CommunityDevelopment/LandUseDecisionAppeal.pdf. Again, city staff is still reviewing the application. I will send you a copy of the decision once it's ready. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov From: Dale Sykes [mailto:Dale(anewbergford.com] Sent: Monday, November 13, 2017 11:32 AM To: Lina Smith Subject: RE: Case No. HOP2017-000035: Statement from Applicant Lina, 1 Appreciate your email. Is this approved,or still under discussion?I appreciate her information, but the killer in las Vegas was not homeless,a drug abuser,a criminal until he snapped and killed everyone in sight. Counseling of any patients should be in a commercial clinical environment, not brought into our neighborhood. Thanks, Dale E. Sykes Fleet Manager Newberg Ford 503-538-2171 503-312-4006 cell 503-538-6179 fax dale@newbergford.com "Available 24/7 to assist" From: Lina Smith [mailto:LinaCS@tigard-or.gov] Sent: Monday, November 13,2017 10:18 AM Subject:Case No. HOP2017-000035:Statement from Applicant Thank you for your written comments regarding Case No. HOP2017-00035, a proposed Type II Home Occupation Permit for Virginia Hill, LCSW at 12418 SW 131st Avenue. Please see the attached written statement from the applicant,in response to questions or concerns outlined in your comments. If you have specific questions about Virginia's proposal or her practice, feel free to reach out to her directly at virginiahilllcsw@gmail.com. If you have questions about the application process,please feel free to contact me at (503) 718-2438 or by LinaCS@tigard-or.gov. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 Lina Smith From: Dale Sykes <Dale@newbergford.com> Sent: Monday, December 04, 2017 8:21 AM To: Lina Smith Subject: RE:Approved Decision:Case No. HOP2017-00035,Virginia Hill, LCSW There is so much I want to say about misplaced Government oversight,or lack of, but will not. Good luck when someone gets hurt, raped, or killed as a consequence of this decision. So much for the protection of the citizenry. The fix is in, like with Hillary Dale E. Sykes Fleet Manager Newberg Ford 503-538-2171 503-312-4006 cell 503-538-6179 fax dale@newbergford.com "Available 24/7 to assist" From: Lina Smith [mailto:LinaCS@tigard-or.gov] Sent: Monday, December 04,2017 8:08 AM Subject:Approved Decision:Case No. HOP2017-00035,Virginia Hill, LCSW This e-mail is to inform you that the Type II Home Occupation Permit application for Virginia Hill, LCSW at 12418 SW 131st Avenue (Case No. HOP2017-00035) has been approved, subject to a condition of approval. Attached to this e-mail is a copy of the full decision. I will also mail you a hard copy. The appeal deadline for this decision is Tuesday, December 19, 2017 at 5 p.m. If you have questions about the appeal process, please feel free to contact me at (503) 718-2438 or LinaCS@tigard-or.gov. If no appeals are filed, then this decision will be final and effective starting Wednesday,December 20, 2017. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 RECEIVED JAN 2 5 2018 ANDREW H. STAMP,P.C. ATTORNEY AT LAW CITY OF TIGARD Kruse-Mercantile Professional Offices, Suite 16 PLANNING/ENGINEERING 4248 Galewood St. Lake Oswego, OR 97035 Tele:503.675.4318 Admitted in Oregon. Fax: 503.675.4319 andrewstamp@comcast.net January 25, 2018 VIA EMAIL City of Tigard Hearings Officer C/o: Assistant Planner Lina Smith City of Tigard Community Development Dept. 13125 SW Hall Blvd. Tigard, OR 97223 Re: Virginia Hill—Home Occupation Permit City File:HOP 2017-00035 Our File: 7098.1 Dear Mr. Hearings Officer: This office represents the applicant,Ms. Virginia Hill, LCSW,in her quest to obtain a home occupation permit for her oncology counseling business located at 12418 SW 131' Street,Tigard OR 97223. We write to address some of the opponent testimony that has been submitted into the file to date. Opponent Heidi Brown first asserts that the applicant fails to meet the stated purpose of CDC 18.742.010(A)(1),which reads as follows: CDC 18.742.010(A)(1)provides as follows: A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small- scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; Opponent Heidi Brown alleges the applicant cannot meet this purpose because she already has established a sustainable business outside her home. (Appeal narrative,page 1). The December 4,2017"Notice of Type II Decision"never identified this code section as applicable approval criteria. We agree with staff that this is not a mandatory approval criterion. Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 2 This is a descriptive purpose statement,not an approval criterion.Baker v. City of Garibaldi, 49 Or LUBA 437 (2005), Cornell Park Assoc. v. Washington County, 16 Or LUBA 897, 904(1988) and White v. City of Oregon City, 20 Or LUBA 470,473-4(1991).1 For example,LUBA stated in Baker: Petitioners argue that the city erred in approving a PUD that fails the purpose section of GZO 10.020 which provides: "The purpose of this article is to provide a more desirable environment through the application of flexible and diversified land development standards following an overall comprehensive site development plan." * * * * *. GZO 10.020 is a generally worded expression of the basis and motivation for the PUD ordinance.The PUD regulations are clearly intended to ensure that PUD provide a more desirable environment than what is allowed in the underlying zone. Furthermore,petitioners make no effort to explain why they believe such a purpose statement becomes an approval criterion. The purpose statement does not impose any additional requirements upon the city in approving PUDs. (Emphasis added) Id. at 449-50. We do not see any substantive differences between the code provisions at issue in Baker and the one set forth in CDC 18.742.010(A)(1). The opponent is therefore wrong to argue CDC 18.742.010(A)(1)can legally form a basis for denial, even assuming the City had adopted findings to that effect(which, of course, it didn't). Next, even if this section is considered an approval criterion,the applicant easily meets it. Her private,part-time consulting practice is wholly separate and distinct from her work as a part-time employee of Compass Oncology,the largest independent cancer and hematology medical practice in the Portland area,with four office locations and over 38 physicians and oncologists providing medical oncology,hematology, radiation oncology,gynecologic oncology,pathology, and breast surgery services. The applicant's small-scale,part-time counseling practice is hers and hers alone. She chooses her clients, and determines their course of counseling, in her sole professional judgment. This is completely different from her work as an employee of Compass Oncology. The applicant's See also Standard Insurance Co. v. Washington County, 16 Or LUBA 30,34(1987)(descriptions of characteristics of a zoning district are not approval standards);Bennett v. City of Dallas, 17 Or LUBA 450,456,affd 96 Or App 645(1989);Stotter v. City of Eugene, 18 Or LUBA 135, 157(1989); Beck v. City of Tillamook,20 Or LUBA 178, 185-86(1990),affd 105 Or App 276,812 P2d 16(1991),rev'd on other grounds 313 Or 148,831 P2d 674(1992); Tylka v. Clackamas County,22 Or LUBA 166, 173(1991);Neuharth v. City of Salem,25 Or LUBA 267,278 (1993);Ellison v. Clackamas County,28 Or LUBA 521,525(1995); Sparks v. Tillamook County,30 Or LUBA 325 (1996); Rouse v. Tillamook County,34 Or LUBA 530(1998);Holland v. City of Cannon Beach,35 Or LUBA 482 (1999);Bauer v. City of Portland,47 Or LUBA 459(2004); Oregon Shores Conservation Coalition v. Coos County, 49 Or LUBA 1 (2005); Burlison v.Marion County,52 Or LUBA 216(2006); Grant v. City of Depoe Bay,53 Or LUBA 214(2007). Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 3 small-scale, selective counseling practice could not be sustained if she was forced to rent suitable commercial space on the limited income she earns seeing 18 clients per week. (See Applicant's November 13,2017 letter, incorporated into the December 4,2017 "Notice of Type II Decision"as Attachment 1). Next, the opponents turn to CDC 18.742.010(A)(2),which states: A. It is the purpose of this chapter to: 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. This passage is also merely a purposes statement,but it is implemented by an approval standard, CDC 18.742.060(B)(3),which reads as follows: 3. Is undertaken in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. Opponents Heidi Brown,Michael Gismondi, and others allege the applicant's operation of a counseling service would be detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. Their concerns mainly focus on three issues: traffic,parking, and privacy. We address these issues in turn below. As with most approval standards, TCDC 18.742.060(B)(3)has a geographic component: "neighboring properties and residents." For purposes of analyzing traffic impacts,we define the phase as including all of the properties that take access from 131st Street. For purposes of evaluating privacy concerns and parking concerns,we consider the two abutting properties(i.e. 12401 SW 131' Street and 12499 SW 12499 131' Street) as well as the home across the street,which is located at 13116 SW Benish Street. Next,this criterion requires the city to interpret the meaning of the following terms: "detrimental,""disruptive,""appearance," and"operation,"As these terms are not defined in the Tigard Community Development Code,we must look elsewhere for definitions. According to Webster's Third New World Dictionary(Unabridged(1961),the term "detriment" means"to wear out, impair;"and"injure or damage or something that causes it." See also Merriam Webster Online Dictionary, 2017 edition. ("obviously harmful or damaging," such as "the detrimental effects of street crime"). According to Webster's Third New World Dictionary(Unabridged(1961),the term "disruptive"means"to break apart: rupture," "to throw into disorder(as in"demonstrators tried to disrupt the meeting")"or"to interrupt to the extent of stopping,preventing normal continuance of, or destroying"See also Merriam Webster Online Dictionary, 2017 edition. ("seriously interrupt the normal operation of.") Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 4 According to Webster's Third New World Dictionary(Unabridged(1961),the term "appearance" is defined as"externally visible"or"outward indication." See also Merriam Webster Online Dictionary, 2017 edition. (same). According to Webster's Third New World Dictionary(Unabridged (1961),the term "operation"means"the method or manner of functioning."See also Merriam Webster Online Dictionary, 2017 edition. (same). Using these definitions, we see that the gravamen of the standard is to ensure that the home occupation will not injure or damage neighboring properties or residents, either via the presentation of an unsightly outward appearance or via any operational characteristics of the business. We explore the operational characteristics of the business to see what negative impacts it could have on neighboring properties and residents. To recap what is stated in the application and record,the applicant's proposed use is a counseling service primarily for those afflicted with cancer as well as the friends and family of cancer victims. Some clients may be suffering from grief and loss issues caused by the passing of family. The applicant's clients are primary women and children. She will see no more than six clients in any given day, and here practice will be open three days a week: generally Wednesday, Thursday,and Saturday. The applicant shall see no more than 18 clients in any given week,between the hours of 8 am and 7:30 pm. All activities except arrival and departure shall be conducted indoors, in a portion of applicant's own home specifically set aside for this counseling purpose. Here,the operation of the applicant's home business will consist of a client arriving,parking in her driveway, walking into her house, staying for an hour or so, and then leaving. All counseling and interactions will be conducted indoors. The applicant will provide off-street parking for her clients in her driveway. Two parking spaces are all that is needed for this home occupation, and the driveway is large enough to accommodate two vehicles. Prior to arrival, clients will be instructed to park in the driveway. A photo of the front façade of the applicant house will be provided to the client in advance of their first meeting, so as to minimize the chance of the client going to the wrong house. Clients will be instructed to travel by foot around the left of the house(i.e.the north side of the dwelling)and access the dwelling from the back porch. Given this arrangement, it is hard to imagine how such a low-key counseling service could be described as"damaging"or"injurious"to the neighborhood by any rational person. Any resident with an active social life and frequent guests is far more"detrimental"to the neighborhood that the private counseling service the applicant is proposed. In this regard,the applicant(and any other resident of the neighborhood could host parties or religious events in which more than 18 guests could be invited to the property). Such activity would have far greater impact on neighbors than if the invitees arrive one at a time over a three-day period. Again, in this application, all the applicant wishes to do is run a quiet,unobtrusive three-day- a-week counseling service out of her own home,primarily for women and children effected by cancer. No-one could seriously argue that such a service will throw the neighborhood into disorder, break it apart,or seriously interrupt the normal operation of the neighborhood. It is unlikely the neighbors would even notice any counseling was even occurring in their neighborhood. With a Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 5 maximum of 18 clients per week, if we assume 60 minutes per counseling session,the applicant will only have a client present in her home less than 9.3%of the time.The other 90.7%of the time,the applicant will live in her house, using it solely as a residence,just as she does now. Several opponents raised safety concerns about the applicant's clientele, stating things like"I do not think it is a good decision to intentionally bring people to our neighborhood who could potentially bring harm to those of us who live here," specifically mentioning"pedophiles, drug addicts, cancer patients, families, children/adults with behavior disorders, sex addicts, etc. The list of potential dangers goes on."(See Shannon Duffy opposition email dated October 12, 2017). However,the applicant does not offer counseling for pedophilia, drug addiction, or other dangerous and criminal behaviors. Her clients are overwhelming middle and upper-class women and children. (See Applicant's November 13, 2017 letter, incorporated into the December 4,2017 "Notice of Type II Decision"as Attachment 1). In fact,the Tigard Police Department had the opportunity to review the land use application and stated they had no concerns or objections. "Notice of Type II Decision" page 3. In this case, there will be no signs or on-site advertising, or any other indication of a business presence. The only"outward indication"that the applicant has a client in her home will be the client's car parked in her driveway. In a neighborhood of around sixty homes,with close to a hundred private vehicles, it is hard to see how one additional vehicle sitting in a private driveway for an hour could seriously interrupt the normal operation of traffic, or parking, in the neighborhood. More specifically,regarding traffic,a local Tigard street such as SW 131St Avenue is designed to safely and efficiently accommodate 1000 trips per day. If the applicant sees six clients in a day(the maximum allowed),that adds less than 1%to the current traffic load on her busiest days. Such a miniscule traffic increase is infinitesimal and shall be undetectable to the neighboring residents as far as the carrying functionality of the street is concerned. Some of the neighbors have expressed concerns over a loss of privacy. For example,the neighbor living directly to the north,Michael Gismondi, expressed concerns that the applicant's clients will"completely destroy" his privacy as they walk by the property line abutting his house (Gismondi email dated October 12, 2017). He implies these clients are dangerous people,as they "will be seeking treatment for crisis and mental imbalance."Id. Mr. Gismondi does not explain why strangers walking on a neighboring property owner's side yard will damage his privacy any more than, say,his neighbors having a barbecue on their rear deck with whatever number of guests that she might chose to invite. The neighbors simply do not have a reasonable expectation of privacy that involves being not exposed to the sight of strangers on adjacent properties. Furthermore, TCDC 18.742.060(B)(3) is intended to examine detrimental or disruptive effects on neighboring properties and residents in general,not on each neighbor by name.Unusually sensitive or private persons are not the standard; a"reasonable"neighbor is. Compare Erickson v. City of Portland, 9 Or App 256, 496 P2d 726 (1972) (Variance cannot be granted based on reasons that are personal to the applicant,as opposed to the land in question). Unless one lives deep underground or behind ten-foot walls, urban living requires some compromise of one's privacy. Thus, we must ask the question: what is a reasonable expectation of privacy in a neighborhood such as this? All of the homes in the immediate area are two-story,which reduces one's privacy, as Ltr to: City of Tigard Hearings Officer January 25, 2018 Page 6 neighbors in the upper windows can gaze into the backyards(and upstairs windows)of others. Neighbors are free to invite guests over, for backyard eating and socializing.Neighbors down the street are free to keep powerful telescopes and binoculars handy, for nosy and voyeuristic purposes. The opponents offer no arguments or evidence to explain why the piercing eyes of clients are so much more injurious to their privacy than neighbors, or those neighbors' guests and relatives. Given these realities, it is difficult to understand how a few women and children walking by Mr. Gismondi's property line will "completely destroy"his privacy. If that is so much of a concern, he is always free to plant a hedge, install fencing,or otherwise erect visual barriers to prevent these prying eyes from gazing deeply into his domain. Having said that,the applicant will install a fence at or just inside of the common boundary line to the property to the north. This fence will run to the east until it meets an existing hedge line. This fence will provide a visual buffer which will help ensure the privacy of the neighbor to the north. Opponent Heidi Brown's"third issue for appeal is in relation to the lack of restrictions set forth by the City,"referring to rules about parking, outdoor signage,hours of operation,etc. (Appeal narrative page 3). Ms.Brown appears distressed that the City did not impose additional restrictions of the proposed home occupation in its approval letter. A closer reading of that letter will show that the city did indeed consider these issues. In Section V, entitled"Applicable Review Criteria and Findings,"the City correctly found that these issues are addressed by TCDC 18.742.040 sections A through J, and the applicant met all those criteria. See"Notice of Type II Decision,"pages 3 through 5. There was no reason for the City to specifically restrict or ban actions which are already proscribed by the terms of the Code. For the reasons set forth above,the applicant believes that the opponents appeal is without merit and respectfully requests that the Hearings Officer APPROVE the home occupation with reasonable conditions. Sincerely, ANDREW H.STAMP,P.C. /S/ Andrew H. Stamp AHS:ahs January 31, 2018 To: City of Tigard Hearings Officer C/o Assistant Planner Lina Smith City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Re:Case ID Number HOP2017-00035; Written testimony on Appeal of Type II Home Occupation Applicant:Virginia Hill, LCSW Addresss:at 12418 SW 131st Avenue,Tigard, OR 97223 Dear Mr. Hearings Officer: I, Heidi Brown, am the Appellant in this case and also a Home Owner, Resident, Neighbor& Parent in the neighborhood impacted by the permitting of this Counseling Business as a Type II Home Occupation. I have a lot to say about the proposed business in relation to the code and the impacts on residents/neighbors. I am surprised (but not totally) by the applicant's attorney's desire to present me and other neighbors as"irrational"and "unreasonable" in our statements and expectations. I will tell it to you simple and straight: I'm a Neighbor,a Home Owner,a Long time Resident and a Parent. I have concerns.They are real. I am trying my best to relate them to the City codes,this is a new venue for me,and it is challenging/difficult. I am not trying to be anything that I am not,and I am not trying to misconstrue information. In fact, it is quite the opposite. I am trying to make sure all the information is presented forth right so the City can make an informed decision that is sound and in line with the codes. I am trying very hard to understand;to ask questions and to give my input as a resident which is what the City requests to support Individual involvement in Landuse Planning Decisions. I understand there are Codes on Home Occupation,Chapter 18.742.The codes are the structure that provides rights to those seeking to have a Home Occupation (the applicant)and they are to protect residential livability(for those of us just wanting to live in our homes/neighborhoods and provide a safe, comfortable place to raise our families). It is true, many of us neighbors feel a residential neighborhood is not the place for a Type II Home Occupation drawing in clients. We are especially speculative of a counseling business. In the beginning we were not clear on the type of counseling. It was never specified. We wrote letters, we expressed concerns and we got some answers. "Oncology;Women& Children,3-4 days a week,2 client cars to be parked in the driveway.Sure,the Applicants Attorney presents Oncology and women&children as seemingly harmless. But we still have concerns. Type of Counseling under the Licensed Clinical Social Worker classification is not limited by City Code or City Business License so counseling"focus" is left open ended when it comes to the code. This Home Occupation is only referrd to as"Counseling Services" (I will come back to this later). There is a "Gap" between what is proposed and what is allowed. What is proprosed is the Applicant's"Intent" and what is allowed is the"General Approval Criteria&Standards(18.742.040 A-J) and they are different. The Applicant is only required to be accountable to the latter(the code). As humans we know things do not always go a intended. Things change, but as long as the changes are within the code limits the Applicant is operating in compliance. This means, more days, later hours,an additional employee,a sign,those are all fair game. For the residents it changes the impacts; it changes the numbers; it is more intrusive. 18 clients could be 42 a week if she wants to work 7 days. But it is allowed. We would have no recourse. How can this be? The numbers can increase even more if she counsels all children because that requires an adult be present for every child;the numbers double. 1 This is what I mean when I say there are not enough restrictions to maintain our neighborhood livability.And I still cannot put my hands on the definition of"Client" is it number of people? No, Because in the case of a child there are 2 people but"1 client".What if she is dealing with a family that has 2 children needing counseling?Are they scheduled in separate 1 hr sessions?Therefore 2 clients or are they seen together and consider one "family" client. Why is this so important?Well because the number of people present create impacts on the Neighbors/Residents. And this would be the red flag that there is a problem You see,according to the code Section 18.742.060(6)(3) A Type II home occupation permit has an approval criteria that states the Type II Home Occupation is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. This is a "high level concern" and primary reason for my appeal. It is my impression that this whole permitting process takes place through and exchange of paperwork but not a required site visit. I recognize I could be wrong and apologize if that is the case. However,there are some very apparent elements that have an impact on Neighbors/Residents and they all point to the "Access" and foot-traffic created when clients are to access the basement of the residence.This activity of the business operation is what is detrimental and disruptive specifically to the residents at the property adjacent to the North where the Applicant has installed her new path. Let me draw your attention to the issues,then we can define detrimental&disruptive. Here is what the activity looks like: 1-The client arrives&parks in the driveway 2-The client exits car 3-Client descends outside stairway at Northside of house. 4-The client is walking within 5ft of the Northerly Resident's bedroom window. 5-The client walks across the patio 6-The Client opens the slider and enters the business. Here is what it sounds like: 1-"Boom"or"Boom, Boom" if it's a child client and car doors are being closed 2-The noise triggers the Northerly neighbor dog: "Yap,yap,yap,yap,yap" 3-"Clop,clop"go the feet or in the case of children:"jump,jump" 4-There is talking; "Come on Mom, let's go", "Man that dogs not Happy" 5-The mere presence of of people coupled with the sounds creates an interruption to the Activites of Residents to the North who are utilizing there outdoor living space on the deck or patio. There is loss of privacy and interruption to activities. 6-If it is dark;the motion flood light clicks on&shines to the Northerly Resident's bedroom window. There is distraction, interruption&loss of sleep and privacy; it is detrimental 7-The Lights at the patio&slider turn on,more light glare, more disruption *Wait 45 minutes and repeat,as the 2nd client arrives;then 15 minutes after that play it in reverse as the 1st client leaves. **Repeat 6 times a day,minimum (intent) 3 days a week, maximum (code allowance)7 days a week. This is a PROBLEM! And given we are dealing with people, I know a person can suggest and even demand others be quiet but the fact is you can't make them. One need look no further than their own children to realize this. I stand by my claim that the proposed Business does not meet Code Criteria of section 18.742(B)(3)with regard to being"detrimental" or"disruptive" in terms of"operation"to neighboring properties and residents. 2 Now, let's look at those definitions: Since the terms are not defined,the code refers interpretation to the dictionary definition.So I pulled out my dictionary,WEBSTER'S II New Riverside Dictionary(see attached for full definition) here is the reference I see as applicable ."detriment" means"2.Something that causes damage, injury or loss"; "disrupt" means"2.to break up: interrupt" these concur with the The Merriam-Webster Legal Dictionary definition of "detriment"and the standard Merriam-Webster Dictionary definition of "disrupt"as referenced online 2018 (Also see attached) If the activities the Resident to the North is taking part in while utilizing there outdoor living space are being interrupted then the actions of the Client proceeding to the business are"disruptive".Same thing goes if the Resident to the North is taking part in activites while in their bedroom/house and are being interrupted by the Client. Examples: Northerly resident is reading book on deck in sun. Presence of people& noise cause interruption to their focus.Cause them to stop what they are doing and look up,that's"interruption". Northerly resident is entertaining guest on deck, barbequeing,eating, engaged in social conversation. Clients proceding down walkway create a disturbance,trigger additional lights and cause a stop in conversation,that's an"interruption"and it is disruptive to the residents and their guests. Northerly resident is resting in bed and the motion flood light triggers sending glare even through the curtain causing a loss of sleep that is"detrimental" The ongoing disruptions on an hourly basis have a "detrimental" effect because they lead to a loss of privacy. Is this rational and realistic thinking? The answer is"Absolutely!"The Applicant's Attorney presents the idea that the applicant or any other resident of the neighborhood could host parties or religious events in which more than 18 guests could be invited to the property and such activity would have far greater impact on neighbors than if the invitees arrive one at a time over a three-day period. I disagree. It's like this. We bought our houses as residential dwellings we understand people have parties.That is part of living in your house. A party doesn't last all day.Typically a large portion of guests arrive close to each other in time and all wrap things up by a certain time. Even if that were not the case, parties don't usually happen 3 days a week;week after week. The disruptions created by clients accessing the business happen on an hourly basis,6 times a day they arrive&6 times a day they depart, minimum (intent) 3 days a week, maximum (code allowance)7 days a week. It is scheduled. It is routine. It is for the life of the business.This is not something a fence is going to fix. I am smart enough to realize that even if the Northerly neighbors are not out there every hour they are still impacted because every time that car door slams on arrival and departure the dog is going to be triggered to bark,even more so with the cars being in the driveway closer to the Northerly residence. I try to be realistic to understand that Residents have guests,who drive cars and make noise &trigger dog barking. But I don't know anyone who has guests every hour for a 6 hour period, arriving&departing daily.And again, I will say these are not guests,they are "Clients"their presence is driven soley by the business&their need for a service.They are scheduled. Their faces are everchanging.They are strangers.We are impacted by their presence for the life of the business. 3 At least when a neighbor has friends and family over you occasionaly get the chance to meet them,there are introductions,they become familiar and in some cases relationships are built between you. In the scenario of the business,the clients are just"added foot traffic",a disruption;from a neighbor perspective there is nothing to gain and a lot to lose. They are "Clients"and they want their privacy too...they will always be"clients" (this is not to discount the fact that they are people but to note the fact that they do not have a vested interest in the neighborhood, and they are not the equivalent of"house guests",they enter through a backdoor,they have a uniqe classification. The more I write about this,the more apparent it becomes that the business really doesn't belong in the neighborhood. While Virginia (the Applicant) sees a personal benefit, it's a detriment to the neighbors. The ironic part is that all the impacts created by the clients,through this part of the business operation are not even being felt by the Applicant. No, not felt by her at all because she is in her basement providing a service. Running a business.Shielded from the disruption and detriment. If she hypothetically placed herself on the other side of the property line, in the shoes of the neighbor,she might get it. You see we are Residents just trying to reside. That's what we bought our houses for. We don't have a business interest, never realized we'd be facing this problem. Virginia bought her house to promote her business plan. She began by making changes. And though she claims that she will be spending most her time being a resident,she has not made the initial investment to be a neighbor. She has been so self-absorbed in trying to get this business in place she doesn't know how great we are as people.She doesn't understand how we are just trying to protect the livability we have been accustomed to. She has not taken the time to build a relationship with us. She has explained that she works for Compass Oncology and in additon to that has her private practice. She says she's been doing this privately for 9 years.She has been doing it 3 days a week, 10- 16 clients a week. Why can't she just keep doing what she's been doing, where she's been doing it and not impact the neighbors? Fact is,with her Home Occupancy and the allowance of 7 days a week she could just make it a full time business here at her home. She can play her one employee card allowed by code and she can expand her endeavors. On this note I'd like to revisit the parking. If she has two.clients utilizing the drive way and adds an employee which would park in the street and the other household members (son,daughter,whomever) have to park in the street because the driveway is filled with clients what is that measurable amount of residential parking per household? I just want to check on this and gain the knowledge. I am really stuck on understanding why the city does not plan for the allowable and if they are,then look at impacts from the allowable measures to assure that requirements are still being met should the applicant alter her intentions to maximum allowable standards. I noticed also that Mr.Stamp,the attorney for the applicant references the business as providing counseling service,primarily for women and children effected by cancer. So something is not definitive. Either it is gender or it is type of problem, meaning clients are effected by something other than cancer. What is it?Things are not seeming to be as above-board and transparent as the Applicant has implied. It is becoming a fly under the radar and push through this business request operation. It has already changed from 3-4 days to 3 days to the reality that intent doesn't matter the code allows for the gamut. And there is concern over whether counseling will remain oncology or if her LCSW credentials allow for something else.(That would be a state licensing clarification) And it matters why? Because counseling is a mental health service that deals with emotions and self-control,coping and volatility;these vary with the type of problems being experienced,and the length of time the problem is experienced. Everyone has different thresholds. Grief, depression and anxiety can also be all encompassing and control one's responses and people lash out and lose control and it's not the kind of thing people want to draw toward their residence,their neighborhood or their Children. And even 4 though Virginia states her clients are Middle to Upper Middle Class, highly functioning individuals in the community,that doesn't really matter because even people of this caliber act out.We are gaurded based on events in society.Things like people snapping and going on killing sprees, people becoming abusive and assaulting others, people acting out who had no apparent, prior signs of a problem. People are people. They are complex and sometimes they simply reach their limits. It happens and we really don't want the risk, but I don't have a specific code for preventative protection. During the holidays you hear of increase in porch package thefts,and I say, I don't want to invite additional strangers'eyes to my neighborhood. This month there was an alleged attempted kidnapping by Marywoodward Elementary not far from here,and I say, I don't want extra strangers'eyes on my kids. When I reflect on the neighbor having things stolen from his garage, I say I don't want extra eyes on my assets. It's about exposure, and levels of safety.We are protective. Why?Because we are human. The relationship between a Client and Counselor is"Professional" not"Personal". And while Virginia claims to know her clients very well, she only knows them as much as they have been willing to devulge information to her. It is very similar to the City's position in the application process,You only know as much as has been presented to you. So when you tell me the Police and Fire have signed off on the process with no concern, I question was it apparent that the clients were walking down a path, between houses, in the dark of night, past a bedroom window? Did the City even realize this?Was it apparent? Or was it stated but no real attention drawn to it because no one mentioned bedrooms, windows or lighting? Please check into the lighting on all 3 fixtures used for the business and the impacts of the path. Double check with the police too and have them make a site visit to give a real evaluation on what they think about People, Darkness, Between Houses, Daily and Bedroom Windows. I just really want some checks and balances. Each Direct Code,and Ancillary Code that is affected by Home Occupation should be checked for sake of both parties(Applicant&Residents). One last thing, I want for all parties to understand the site information specific to the properties of the Applicant's Address of 12418 SW 131st Ave and the Resident Address Adjacent to the North which is 12400 SW 131st Ave. Please refer to page 4(four) of the Notice of Appeal letter which is attached to Land Use Decision Appeal Filing Form submitted on 12/19/2017. I want due attention given to the fact that a Wetland is located adjacent to these properties to the EAST. The Wetland is a positive contributor to the outdoor livability of those properties that are adjoined. It is a buffer between backdoor neighbors. Here, you do not have the 2 story houses behind you peering directly down into your backyard because they are located a significant distance across the wetland. For the same reasons,one does not have face to face interaction from your kitchen window to the neighbor's kitchen so you can watch each other do dishes. It is not like newly built residential developments of . R-25 medium high-density zoning. The Wetland is a window to nature. It gives all the color changes of the trees, blooming of flowers,and provides a habitat to many animals(deer, racoon,skunk, squirrels, rabbits, birds of many kinds including Bald Eagle,Owls, hummingbirds,frogs, butterflies and the list goes on. Many of these critters make their way into our backyards, up our sideyards and the deer can be seen wandering down 131st. A tribute to the fact that we have little traffic in the neighborhood. These 12 vehicle trips will also impact the deer in our roadways. They prefer no cars. Cars cause them harm.The Wetland creates a peacefulness and connection with nature for those enjoying their outdoor living areas. It provides unity with nature as you enjoy breakfast on your back deck. As the Urban Land Steward, Megan Garvy noted in an informational letter to neighbors(Oct 2017), "The wetland is a hidden natural gem in the neighborhood." And the great thing is we residents are privileged because we have a front row seat from the comfort of our backyard living space. It creates a peaceful,tranquil, natural environment.The Wetland increases the privacy in our backyard living space. It is part of the 5 reason we purchased our houses. It is part of what makes our Neighborhood unique and special and more livable. And this business,with the aformentioned access issues take away from that privacy& disrupts the tranquility. My expectations are not unreasonable. The Applicant's Attorney just is not as knowledgeable because he doesn't live here. I do live here. I know,and I speak from experience. The City of Tigard Comprehensive Plan even acknowledges in the Housing Section page 10-1, "When it comes to housing,one size does not fit all. Each person seeking a new place to call home must find a suitable match between price, location, housing type,and lifestyle,which can be a daunting task." The Residents here have done their searching to find their preferrable homes to reside. I also know that when you buy a house you can improve a lot of things(i.e.-countertops, paint color, landscape etc) however the one thing you cannot change is the location. By approving this business the City is changing the environment around us. Residents get constant foot traffic,disruption and loss of privacy. Our standard of living will decrease from that which we know.Also,while adding 12 car trips a day through the neighborhood on a street that has a capacity for 1,000 and only currently is projected for 300 hundred is"infinitesimal" as referenced by the applicant's attorney;while true in terms of capacity, when you are a kid playing basketball and are bearing the personal impacts of the cars driving through your game; those are real impacts. But that's not something measurable by city code. Believe me I "get it". I recommend that Virginia put herself in the position of the neighbors and "try this on for size"to see how it feels from a Resident's perspective. As the given proposed business stands, I do not support what is not right.Not a single Resident should be detrimentally impacted by the operation of the the business, not for 1 day, not even for one instance,and certainly not for the life of the business. I hereby request that the Hearings officer Rejects the Home Occupation. Sincerely, Heidi Brown 12326 SW 131st Ave Tigard,OR 97223 6 Office Edition A new dictionary prepared according to the'principles of NI(i ih A hster wEBsTERts s TODAY'S MOST UP-TO-DATE DICTIONARY! Over 55,000 pre( ise definitions including marry new words Style and usage guides for school and businesti 1Jp-to-date biographic and geographic c'ntries' Latest Computer and science terms ;• 1 ascinating word histories ,' - FsI.rec nilly abridged from the University dition • . TABLE OF CONTENTS Preface Abbreviations and Symbols in this Dictionary Pronunciation Key vi viu A New Dictionary of American English A—Z 1-805 • Foreign Words and Phrases 806 A Concise Guide to Style and Usage 812-824 Style Guide Clichés 812 Redundant Expressions 819 Based on the hardcover first edition of WEBSTER'S II 822 NEW RIVERSIDE UNIVERSITY DICTIONARY Copyright© 1984 by Houghton Mifflin Company WEBSTER'S II NEW RIVERSIDE DICTIONARY A Berkley Book/published by arrangement with Houghton Mifflin Company PRINTING HISTORY Houghton Mifflin edition/August 1984 Berkley edition/August 1984 All rights reserved. Copyright© 1984 by Houghton Mifflin Company. This book may not be reproduced in whole or in part, by mimeograph or any other means,without permission. For information address:Houghton Mifflin Company, One Beacon Street,Boston, MA 02108. • ISBN:0-425-10267-X A BERKLEY BOOK ` TM 757,375 Sc.r:ey Books are published by The Berkley Publishing Group. 200 Madison Avenue,New York,NY 10016. • The name"BERKLEY"and the"B"logo .re trademarks belonging to Berkley Publishing Corporation. PRINTED IN THE UNITED STATES OF AMERICA 20 19 18 17 16 15 14 13 12 11 10 • - detente a devious 194 i 19; devise 0 diamond dt•tente(da-tam',-tint')n. A relaxation devices(dabs,dy6bs)n. L A playing card from a direct or straight course- 2. urine.Straying and excessive discharge of une. -di'a- d or reduction of tension,as between nations. or side of a die with 2 figures or spots. 2.A from a proper way:erring. 3.Not straight- bet'ic(-batik)adj.&a de-ten-tion(di-ten'shan)a L The act of tie in which each side has 40 points. forward a shifty. ,-de`vi-ourex ass n- di-a-bol is (di'a-batik) also di•a bol+ detaining or state of being detained. 2.A deuce= (dabs, dydbs) n. The devil. - de-vise(di-viz')v.-wised,-wising. 1.To cal (•i-kal) adj. Exceedingly wicked : r period of temporary custody that precedes Used as a mild oath. forth or arrange mentally:contrive. 2.Law. fiendish. -di a-bolY•cal•Iy adv. disposition by a court. 3.A forced delay. drns ex naa•china (di'as tits mi'- _, To give or transmit(real property)by will. di-a-critic(dra-krIYfk)a A mark,as a j de-ter(dI-tflr')v.-tarred,-ter-ring. To ka-na,-vii',mik'a-na)a A character,de- -ci Law• 1.The act of giving or transmit- circumflex,added to a letter to indicate a discourage or prevent from acting,as by in- vice,or event suddenly introduced into a ting real property by will. 2.A will or special phonetic value or to distinguish • timidation. -de-terment a literary work to resolve a difficulty. clause in a will that devises real property. words otherwise graphically identical. de-ter-gent (di-tt�{tant)a Any of vas- deuce-um(d&-tiff-am,dyd-)n. An de-vi-talize(dg'rc'l-lz')v To reduce or --di'a crit'i•cel,di'a-critic adj. ions usu.synthetic cleaning agents that are isotope of hydrogen that contains I more destroy the vitality of. diadem (dradem') n. A headband or chemically different from soap. neutron in its nucleus than hydrogen does. devoid(di-void')adj. Utterly lacking. crown worn esp,as an emblem of royalty. de•te-ri•o-rate (di-tire-a-sit')v.-rat-cd, Deuteron-witty (dbb'ta•rdn'a-mf, de-voir (dav-waf, dev'wir') n. L often di-sere-sin(di-Erl-sts)a var.of Drawls. -rating. To worsen a degenerate. dyco'-)a -See Bums TABLE. • devoirs.An act or expression of respect or di-ag-no•sis (drag-nb'sis) a, pI. -see determinant (di-ttifma•nant) n. deut-sche mark(doi'cha mark')a - Zt courtesy:civility. 2.Responsibility or duty. (-sex')- 1.Identification,as of a disease,by Something that influences or determines. See Curuetesc table, • devolve(diw5lv')v.-volved,-volving. analysis and examination 2.The result of • determinate(dr-enema-nit)nit)ad1. Con- de•val•u-ate (de-vll'yob.lt') v. -at ed, To hand down or delegate to another. diagnosis. -di'ag-nose'v. -di'ag-nos'- elusively. -at-1 g. L To lessen or annul the value of. de-vote(di-not')v.-voted,-voting. L tic(-nbs'tik)adj. --drag-nos•ti'cian a determine (dl-tetemin) v. -mined, 2.To lower the exchange value of(cur- To give or apply(one's time,attention,or di-ag•o-nal (dr-ig'a•nal) adj. I. Math. -mining.. 1.To decide or settle authorita- rency) by lowering its gold'Equivalency. self)completely- 2.To consecrate:hallow. Joining 2 opposite corners of a polygon that Lively or conclusively. 2-To limit in scope --de-val'u•A tion n 3.To set aside for a special use<money arc not adjacent 2.Slanting. -n. A diag- or extent:fix the limits of. 3.To be the de•valne(df-vil'yab)v. To devaluate- devoted to research> onal plane or line. -di-ag'o-nal ly ads'. determinant of:regulate<Need will deter- deo-as-tate(dtv'a-stat')v.-tared,-tar de-voted (di-vb'eld)adj- 1.Showing ar- di-a-gram(dra-g<3m')a A plan,sketch, t - mine expenditures. 4.To reach a deci- lag L To destroy:ruin. 2 To overwhelm dent attachment or loyalty. 2.Affection- drawing, or outline designed, to explain, sion,as after consideration or calculation. •overpower. -dev'asta'tion a ate. --de-vot'ed•1 adv. demonstrate, or clarify the relationship S.To ascertain the extent,position,quality, de-vel-op op(tit-vel'ap)v. L To realize the devotee(dev'a•te.43')a A zealous en- among parts of a whole or to illustrate how or nature of something-esyas:BOUND,DE- possibilities of. 2.To pow,unfold,or ex- '. thusiast or supporter. something works. -di'a�ani V. -di'a• LIMIT, DEMARCATE, r1M1T -depanel gradually. 3.To make more available de-vo•tion (di vo'shan)a 1-Ardent at- gr°mgnat'ic (-gra-m3C1k), di'a-gram• via ale adj. --de•t mi via bly adv. or effective 4.To elaborate or enlarge. 5. .; tachment or loyalty. 2.Religious zeal a pi- smt'i-cal adj- -di'a gram•mat'i Cal Iy e -de-tcz'mi-nation a To acquire gradually. 6.To process(a pho- eta•- 3. often devotions. An act of adv de-ter-mined(dl-t�mind)adj. L Firm; tosensitive material) to make the latent dial(dr'a1)a L A graduated,usu-circular religious observance,esp.private prayer. resolute. 2. Decided or resolved. -de• image visible 7.To progress from earlier tt• face on which a measurement,as speed,is devour(dl-voue)v. L To eat up raven ter'mined ly adv. later stages of maturation. --de-vel'op•er ously. 2 To desaoy or waste.3.To take in indicated by a moving pointer. 2.a.A ro- de-torrent (di-tdfant, -tui-) n. Some- a -de-veep-meat n. -de'vel'op enthusiastically<devour a spy hove}� 4., eatable disk with numbers and letters that thing that deters. -adj. Serving to deter- menial adj. electronically establishes a connection with To engulf. -de•vou:'er a -de-tes'rence a de-vi-ant(de've-ant)adj- Deviating from the number to which a telephone call is dt:•test dl-test' v. To dislike atm devout (di-vout')adj. 1'Extremely tali ( ) ngly: a norm,esp.from an accepted standard. oars:pious. 2 Dis la made. b.The control that selects the ata • abhor. -de rpt a ale adi• -detest a• -de'vi nate a -Cc ei ani n Displaying Piety or sever- tion to which a radio or tcicsision receiver bly adv. -d,e'tes-ta`tion a de-vi-ate(dt've-it'}v.-at-ed,-sting Tc once. 3. Sliming sincerity earnest. is tuned. 3.a.A clockface. b-A sundial. --da•vont ly-adv. --Moisture nage e _V.-sled,.al•ing or-ailed,-al-ling- L de-throne (tits-thrSn'} v. -throned, turn or cause to turn away from a specified dew(WO,dyab)a 1-Moisture condensed -throning. To depose(e.g.,a king). course or prescribed behavior. -a (-It) To select or indicate by manipulating a from the atmosphere onto cool surfaces, dial. 2.To call on a telephone.det'o'nate (der'n-3t') V. oared,-nat. A deviant person. -devi-a'tion aP To explode violentl de-vice dl-vis' n. L Somethingusu.at night 2.Something moist,refresh- di-a-lett(dI'aleke' a A regional form of �S• P Y• ( ) cat:- � ing,or pure. --devey adj. ) � det-o-na-tor(det'n-i'tar)a A device,as strutted for a specific purpose,esp.a ma• a language. -di'a lec'tal sell. 3 d nabs. distant early warning. di•a loc-tic(dI'a-1tk'tik)n.often dialer- a fuse or percussion cap,used to detonate chine. 2.A plan or scheme:stratagem 3 " dew-berry(dao'ber e,dy66'•)n. A trail- an explosive- An emblem or motto,esp.in heraldry. • in form of the his kbe ��(gig number). A system of argu- de-tour dF'toof di-tdbf a 1.A road devil(dev'al a L ofteng �' rent ore tion in which the conflict ( } ) Devil The ma deswclaw(dRiltlii',dyob'-)n. A vestigial between contradictory facts or ideas is re- used temporarily instead of a main road_2. jos spirit of evil,ruler of Hell,and foe o: ; digit on the foot of some mammals. A deviation from a direct course of action. Cod:Satan. 2 A subordinate evil spirit: solved --ass-iced-cal,di'alec'tic adj. -v. To take or cause to take a detour. demon. 3.A wicked or malevolent person dew lap{dob i3p',dy6b'-}a A loose fold di-a-logue also di-a-log(dr'a-Ibg',-lag')a. de•tox-i-fy (dl-tbk'sa-fl') v. -fled, fp- 4.A person:individual<you lucky devil of skin that hangs from the neck of certain L A conversation between 2 or more per- - animals,as cattle. sons. 2 A conversational passage in a licei- ing L To remove the effects of a toxic ,An energetic,daring,or clever person. k dew point a The temperature at which a work. substance from(e.g.,an alcoholic). 2.To A printer's apprentice. -v--sled,-fl ing . ,'� dew condenses from the air. di y.� (d-.31`i-sig) a.• pi.-sea (-sex'). free from dependence on (e.g., drugs). or•illed,-filling.L To annoy,torment,e ; dex-trey (dek•steel-te) n. 1- Profi- Separation of smaller substance from larger• ,' -dc-taxi-fldl'erl ion n- harass. 2.To season(food)highly. ciency in using the body or hands:adroit- molecules or crystalloid from colloidal par- de-tract(dl-trikd)v. L To take away s devilish (dFv'a-lisp)adj. L Of, rearm. Hess- 2 Mental agility:cleverness. tides in a solution by diffusion through diminish- 2.To distract. -de-traction b)i or characteristic of a devil a fiendisf , dexterous(dek'snr-as,-arras)also des, semipermeable membranes. n. -de-tractive adj- ode-tractor n- 2.Informal.Extreme:excessive. J. trona (-mess)adj. 1.Skillful or adroit in di-yana.rta(di-am'i-tar)a L a.Math.A (dl.+-trin')v. To leave or .e t+ •evil-maycare(dev'al•mi-kis')adj- L g` using the hands, body, or mind. 2.Por- straight line segment that passes through cave a railroad train_ 'Reckless. i Rakish and carefree. formed with dexterity. *ryas: ADROIT, the center of a circle or sphere with both of diet-d meat(di t'ra•mant)a L Damage, evil-meat(dew al-rant)n. Mischief. DEFT, FACILE, NIMBLE, SLICE --dexter its ends on the boundary. b.The measure injury,or loss. 2 Something that causes wits advocate a A person who tri.- damage ;- ow•ly adv. -dex'ter•ous•ness n- of a diameter- 2 Thickness or width- damage,injury,or loss. -det'rl-mon'tal poses an argument with which he or sl._adjw;dextrose (dek'str5s')n. A sugar found di-a met ri cal(dl'a•met'rI-kal)also di•a• '- -tier ri mea'sai•ly adv. may not disagree,as for the,sake of erg'- plant and animal tissue and derived syn. metric(-di)adj. 1.Of,relating to,or -tri•++•e fill tti'gs) a• L mens or to determine its validity. mens,esp.those formed by the disintegra-• devil-try (dev'al-tri) also devilry thetically from starch. along a diameter. 2.Being exactly opposite (-al-re)a,PI.-tries also-ries. Wanton c: -abbr. diameter. :contrary. -di'a-met'ri-cal•ly adv. tionof rocks- 2 Debris. di•a be-tee (dra-ba tls, -ttz)a A meta- diamond (dl`mand, di'a•)a L A very De-trait(di-troie). City of 5E Mich.Pop. reckless mischief. 1,2(13,339. de vi-ons (dF'vE-as) adj. L Wander-it: i'-i bolic disorder characterized by excess sugar hard,highly refractive colorless or white in the blood and urine, persistent thirst, crystalline of carbon used as a gemstone r r .35 disquietude o distend i2- r:� ` tEs-qui-etude (dis-kwl'ie b- d', -tyood') openly dissenting,esp.in opinion or belief. %,' a -_ x• : y state of uneasiness;anxiety. --dis'si'dence n. ...dis'sident ar,: ' -a-quiai•tion(dis'kwl-r sh'an)n A for- dia-simi lar(di-sim'a-lar)adi. Different. 1 P i..often written discourse. —dis-alm'i lar'i ty n_ r,.: - , .s-4,..'sBard(dis'ri-gird')v. L To ignore. dis•si-aril i-tude (dis'a•mill-tood', IC -':a treat without proper attention t ne- -tyood')a Lack of resemblance. �.i . '' "- _-_- —dia'rrga:d a --dicers-gard'ful dis•sinr late(di-sim'yadat')v. To dis- i Z+; ` . semble. f,7-",`, '-iis•re mem ber(dis'rl-m2m'bar)v.Re- dis-si pate (dis'rpst') v. -pat-ed,-pat- ..',".:n'ri. To fail to remember:forget. lug. L To drive away or dispel:scatter. i ' ; ra-xe pair(dis'rl-par')a The state of be- To squander or waste. 3.To vanish by dis- ' neglected or in need of repair. persion. 4.To indulge in pleasure reek- 4 f ~-: ,..-repn table (diarep'yatabal) adj. lessly t carouse. 5. To lose (e.g., heat) ,'x;,: -t respectable. —dia•rep'u-ta bly adv. irreversibly. —dis'sipa'tion a ,• '. r ' ..:4—epute(dis'rl-py6bt')a Loss of repo- dis-so-ci-ate(di-so'she-3t',-sf-)v.-at-ed, 3^`,31' . . 1,_n:disgrace. •at-ing. To separate or become separated ..i1- i s-rrgpect(dis'ri-spekt')a Lack of re- from association with another:disconnect. ' ;:,;motor courteous regard. --dis're'spect'- —s-so'ci•a'tion n. ... 1 ,'... .--- --='-' --dia'rc-s2ect' . •y•••, -dis-so-lute (dis'a-lobt') ad). Lacking ias-robc(dis-r!b')v. To undress. moral restraint:profligate. --dl.s'so�lute'- '', •pt (dis-rOpt')v. L To throw into ly adv. --dia'eo•lute'nes.n. F t aasarder or confusion. 2.To break up:in- dis-so•lu-tion(dls's-l&rfshan)n. L Disin- `f sm-,:pt. —dis'rup'tion a —dis•rulet1' tegration into component parts:decomposi- > l elan. 2. Death. 3. Lacy. Annulment or - :• - • (dis-slt'ls-fI') v. To fa' ! termination of a legal bond,tie,or contract. ,' ". a disappoint. —dis-sat'_ • •'' 4.Formal adjournment or dismissal of a leg- >' .," dfa-sat'3rfed'adi. islature or assembly. ..a-sect(di•etkt',dr-drsckt')v. L To cut dissolve(di-xbl►')v.-solved,.solv-ing. - +; ..rt(tissue)for study or examination. L L To pass or cause to pass into solution •:analyze closely or thoroughly. --dia. <dissolve sugar in water> 2.To melt 3. .• 'e'e`tion a To cause to disappears dispel. 4.To sena- �.• , ` 'ed(di-sek't(d,di")ad!.ButDi- rate into component parts:disintegrate. 5. ;; ..:ed into numerous narrow segments or To bring to an end:terminate.6.To break - down emotionally. —die-solv'able adj. dis-so•nance(dfs'a-nans)a L A harsh or ': s� unpleasant combination of sounds:dis- 1; ,.j. 4ZIP..- ®��j cord. 2. Lack of agreement s conflict. 1�� dis'ao-naut adj. --dissonantly adv. ` 1 ! ,-//10 dissuade(di-sw3d')V.-susd•ed,-Goad- t' iiil� �\�� lag. To sway or try to sway from a course , j C,' ' of action by persuasion. —die-sue sion a 1*4 iii .,0,..i',"'"- ! —.divsua'dve adj. sN'"�1►-.-- `.e, dis-taff(dis'tal)n. L A stick holding flax /.� ''++! ; or wool from which thread is drawn and '' .i fi+ ��\ spun by hand. 2.Women as a group. distal (dis'tal) adj. Anat. Located far :.,,,_ from the place of origin or attachment ;;... ---'------ - -- dit•tance(dis'rans)n. L Spatial or chron- s. 4 dissected ("logical separation. 2.The length of a path,, Dissected leaves esp.a straight line segment,that joins 2 ), '-t points- 3.The space that separates any 2 , ' ....blot)(di-slm'bal)v.-bled,-tiling. specified instants in time. e.a.The degree ..` To conceal the true nature of. 2.To of difference separating 2 things in relation- r, lie a pretense oft simulate. ship. b.The degree of progress between 2 :,cs-8em i auto(di-sem'a-nit')v.-flat-ed, points in a course. 5.Aloofness. 6.The .. . -.rst-Ing. To scatter or spread widely whole way <went the distance> —v. 'cv.mfnnte rumors> —dis••em'i-ns'. -tanced,-sanc-iag. To outdo. • • , men a --dis•scm'i-na'tor a distant(dfs'tant)adj. 2.Apart or sepa- .&.a-ten-cion(dr-sfn'shan)a Difference rate in time or space. 2.Far removed<the ' ,�opinion t discord. distant past> 3.Coming from,located at, • dirseut(di-sent')v. L To differ in opin- or going to a distance. 4.Remotely related. .u t disagree. L To withhold approval or S.Reserved:aloof. --dis'tant'ly adv. -. assent. —a 1.Disagreement. 2.Religious distaste(dIs•tast)a Aversion:dislike. a arsneonformity. —dis-sent'er n. —dis-taate'ful adj. —dis-taste'ful-ty ^Y.;. �m-serta-tion(dis'ar•t3'shan)n. A for- adv. —dia^taste'fYul-nese a ,,. r: =al discourse,esp.a doctoral thesis. distteta per (dis-tfm'par) a An infer- r' vice(dis-stlr'vIs)a. Injury tharm. tious,often fatal virus disease of certain ilis•sev-er(di-sev'ar)v. To sever. mammals,as dogs and cats. . ie-silent(dis'idant)adj. Strongly and distend(di-stend')v. To expand by or as *legal Dictionary detriiiient 40 lin);'s: det'r4-rnent \ ae-tre-n ,nt\ Legal Definition of DETRIMENT 1 : INJURY, LOSS; n(SO :the cause of an injury or !oss 2 ; a giving up of a thing or mode of conduct to which one is entitled that constitutes consideration for a contract—called also legal detriment —detrimental « \,coe-tre- risen-tell,adjective —detrimentally adverb C lsrU1)t � *Standard Dictionary Definition of DISRUPT transitive verb 1 a : to break apart : RUPTURE • three periods of faulting disrupted the rocks—University of Arizona Record b : to throw into disorder • demonstrators trying to disrupt the meeting 2 : to interrupt the normal course or unity of • ... disrupted a bridge game by permanently hiding up the ace of spades ... —Scott Fitzgerald • can disrupt an industry with new technology —disrupter noun —disruption l rep-shen\noun —disruptive 1' 1-'rep-tiv\adjective —disruptively adverb —disruptiveness noun Both as referenced online by 2018 Merriam-Webster,Incorporated. 1 r. RT1a. lob -)V 1,-(3 �� k., Aa Sao)1 vv‘( . o I,A-471/1 1a, i jc2 sse i s').-v-dA oru,)9 _1i-dm )\ V p c4---- \-12_14/awfAil I kJ__ t FQ1Joop/i1(-391A ui, ---)l-fuci:Y-7,-> Ar°0 7bsoik.ly '0 i \ -01/1 op vro ll? Mg)_rr �iv;3�- L {y i ..- �� '� -,- -..fir✓! --!'• f 4 .4 .. F ice . i-- .. � til T 'I.1 . ' lli'''''' 1.944g-i '. At 1 d < 1, - • • s .r s wf Dear Hearings Officer, 1/31/18 I oppose this Home Occupation Type 2 application because there are no checks and balances for the residential neighborhood and neighbors. In 18.742.010 the purpose is to permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise. The applicant is a highly educated, successful professional who has been practicing for nearly 25 years. She has had her private practice for 9 years. (Applicant's November 13, 2017 letter to neighbors) She is now moving this practice into a residential neighborhood. In the proposal description,the proposed project summary, the applicants letter to the neighborhood, her attorney's letter to the hearings officer, it all references their proposed use. Their proposed use is less than what the code allows. There are no checks and balances. The code 18.742.050 is: b. no more than one outside volunteer or employee. c. no more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10 p.m. and 8 a.m. The proposals have no value because they are not limited by the code. The 18.742.050 code is 8:00 A.M to 10:00 P.M 7-days a week. So a rational person looks at the reality of potentially seeing 42 customers a week, which means the possibility of 2,184 customers a year from their bedroom window and from their deck. As referenced in Andrew Stamp's letter to the hearings officer,"this applicant's small, part-time counseling business is hers." Also, as referenced in Andrew Stamp's letter, "we assume 60 minutes per counseling session," without checks and balances and restrictions,this so called small business becomes a full-time business with the possibility of having an employee. 18.742.040 General Approval Criteria and Standards C. There shall be no offensive noise,vibration, smoke, dust, odors,or glare at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of Chapter 18.725, Environmental Performance Standards. At this location,the motion detector floodlight will be illuminating the applicant's sidewalk as well as the neighbor's house directly to the North. This glare will impact their bedroom window and impact the deck. In Chapter 18.725.030 Environmental Performance Standards Letter E. Glare and Heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding,which is visible at the lot line shall be permitted. The code allows customers until 10:00 P.M. In the winter months,from 4:00 P.M.to 10:00 P.M.,this motion floodlight will consistently cycle on. It will cycle off at its preset time interval. It will be a consistent time clock. In a 6 hour period with overlapping customers, how much light pollution does a neighbor deserve? This problem can be alleviated by the customers using the front door of the structure. Code 18.742.060 Permit Procedures for Type 1 and Type 2 Home Occupations 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. The code allows 2,184 customers a year with a time of up to 10:00 P.M. This is detrimental to the neighbor to the North. The definition of detrimental, about damaging and harmful is not about physical injury. It is about the damaging appearance, no different than damaging testimony,or damaging to one's career or reputation. This externally visible appearance is the reason we purchased our residential lots with no backyard neighbors. This detrimental damaging operation impacts the value of our property. The continual flow of strangers walking down the side yard will be disruptive. The American Heritage Dictionary:to throw into confusion. That is what the neighbor's dog will hear and feel with every customer walking down the path. Without checks and balances the quality of life as we know it will never be the same. Restrictions on businesses in residential neighborhoods are a must to keep any quality of life at the expense of one neighbor who wants to make a few bucks. People go to the backyard for privacy,solitude, and tranquility. Not to see and meet the neighbors 2,184 business customers. Sincerely, Chris Brown 12326 SW 131St Ave Lina Smith From: Jennifer Worth <jenworth@comcast.net> Sent: Thursday, February 1, 2018 12:18 AM To: Lina Smith Subject: [QUAR] Virginia Hill Type II Home Occupation Business License Application Objection Case No. HOP2017-00035 Importance: Low To Whom it May Concern, We strongly object to Ms. Hill's proposal to move her business next door to our home. This is a violation of the CC&Rs attached to the deed of that property and a violation of our rights as homeowners. People who purchased a home in a residential neighborhood with the understanding that it would remain a neighborhood, not be transformed into a business district. We have been told that the City of Tigard will provide no real or direct oversight as to the type or number of clients Ms. Hill sees in a day,week, or month. Her operating hours would also be unregulated. None of these issues should even need to be considered by me, my family, or our neighbors. This should never have been allowed in the first place. It has already placed undue stress on our family and the families of our neighbors. Having any type of business in a residential neighborhood where clients are permitted to walk between houses is unacceptable. These clients would be walking between our home and Ms. Hill's. In choosing to grant Ms. Hill's application, the City of Tigard is depriving me and my family of any sense of security in our own home. Ms. Hill states that she knows her clients better than her friends, however, we strongly disagree with this statement. Ms. Hill's choice to ignore our CC&Rs and apply with the City of Tigard to operate a counseling business from her home is in no way "transparent and above board". Imbalanced people, strangers who would otherwise have no reason to come to our neighborhood,will be traipsing down the walkway between our houses. Some of these people may have weekly appointments and get quite familiar with the habits and routines of the families in the neighborhood. A counseling business operating next door is a huge risk for us. It affects us on many levels. People experiencing profound grief and depression can be extremely volatile. Virginia cannot control the actions of her clients. Our kids are outdoors on every nice day. They ride bikes and play games out in front or in the backyard. With the introduction of a business dynamic, the entire nature of the neighborhood will change. Ms. Hill failed to submit a correct copy of the CC&Rs with her initial application for the business permit. When Ms. Hill purchased her home, she agreed to abide by the terms of the Morning Hill CC&Rs attached to the deed. Her statement that she wants to "live in a caring and compassionate neighborhood where neighbors can watch out for each other and children can play" is lip service. She did move to such a neighborhood. This is such a neighborhood. Her actions have already begun to change the feeling of the neighborhood and created stress and upset all around. She signed a contract to be part of our neighborhood, then promptly turned around and violated that contract, in effect,violating the rights of my family and our neighbors to feel secure in our own homes and our outdoor spaces. Ms. Hill hiring an attorney to further push her agenda on the entire neighborhood and to disqualify and devalue our concerns and our quality of life is in no way neighborly. The approval of this business by the city in no way implies the approval of the neighborhood. This neighbor vehemently objects. Michael Gismondi 2 Dale and Jan Sykes 12356 SW 132nd Court RECEIVED Tigard, Oregon 97223 JAN 2 9 2018 CITY OF TIGARD PLANNING/ENGINEERING CASE ID Number—HOP2017-00035 To Whom It Concerns, Please be advised that we,the residents of a peaceful quiet neighborhood of Tigard do not wish to have a counseling service in our neighborhood serving dysfunctional or mentally disturbed members of society. Our neighborhood is tranquil, peaceful, and a great environment for the children who play freely in the streets with their biggest worry is how to fix their boo boos when hurt playing. We walk our dogs,enjoy gardening in our yards, and love our charming community. We are a warm friendly neighborhood. Introducing a clinical counseling service, with strangers coming and going all day long is not what we signed up for.The possibility of one of these strangers hurting one of us, because they are disturbed in their grief or loss, and go crazy like the Las Vegas shooter is too big a risk for our community.These patients have issues, and we cannot afford to have those issues potentially interfere with our safety. Please deny this permit, it is not in the community's best interest. She can go set up counseling services in a business district,or clinical office setting in a professional building. This type of business is expected and zoned for in other settings other than our quiet, quaint neighborhood. Thank you for protecting our neighborhood, Dale and Sykes RECEIVED 0FEB 12 2018 CITY OF r,.-F-;o ( Joth T41s L- 17-Cg Flo INE P.E0102.E OF rn OMD, OtiQ NiEiGNBoRi-loo.D NEnR hIAtm.oi 13I6-T flNo cTNose '4spak) crIBLt FOR ThE OoreoriE OF �i1iS ,DEcsionr, I 've LvEo /14 (1700 For NrORi* as ycns AND n r1 (-}k.JAKF 0 F �t-l-G ToUi3L-/AIG Si Tv R Tl BSS Ov (}RSA. Wo3oDV J'frn S� 0%Nc ?L115/,LTOF rJNE /-1ar7cLass, t7RO6 AOsi , f1J. COI-1OL1SI7 / JJJ Ceme. L.i v e CRoa►3 LSD 1in1E5 P-N,) ! Dpd-r fcE& ANY (1IRIcA-L tin-t( c(' il,LL Pr LcT IN 1i'E NEAR Fv-roRE tiIc'vC NcL NfNC- g-,(fERI rA)c-ED rnicDa✓,s-no4 of LosinlG A Lo v�".D 01.) E rip-e , Dol c,urvi Tüc Cco dottYi UPs ANL]) Doi,A4s) Foe OF f\IvcLEg fr1oLgCOS7-; 410 11-144) r]i-tE cr-glal.S RNA TP4I3ULATIOAS DF EvDy9 ' Li, FE, criiE F&cr /s 5OriE lOPE. 1JEt'1L BorrEg �1-fA►J 0-0�6P.5i 'WE RRA 1 rIPrar-G7' MRN . 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MAILING / NOTIFICATION RECORDS 1,41 AFFIDAVIT OF MAILING •• T I GARD I,Lina Smith,being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below} ® NOTICE OF Notice of Final Order by the Hearings Officer FOR: Virginia Hill,LCSW HOP2017-00035 ❑ REVISED NOTICE OF: ❑ City of Tigard Community Development Director/ Designee ® Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, February 22,2018 ,and deposited in the United States Mail on February 22,2018 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 21 day of re.11010 01:—"r01:—"r ,2018. OFFt �• CIAL STFIEMARGO: Gworir HALLELY NOTARYCOMMISSION NO, MY COMMISSION EXPIRES OCTOBER 17,202' NOTARY PUBLIC OF OREG My Commission Expires: /0'1 - EXHIBIT A 120 DAYS = March 5,2018 DATE FILED: February 22,2018 q DATE MAILED: February 22,2018 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number: HOP2017-00035 (HOME OCCUPATION PERMIT) Case Name: VIRGINIA HILL, LCSW Applicant's Virginia Hill,LCSW, 12418 SW 131St Avenue,Tigard,OR 97223 Name/Address: Owner's Name/Address: Same as applicant Address of Property: 12418 SW 131St Avenue,Tigard, OR 97223 Tax Map/Lot No.: Washington County Tax Assessor's Map 2S104AB,Tax Lot 8900 A FINAL ORDER INCORPORATING THE FACTS, FINDINGS, AND CONCLUSIONS APPROVING A REQUEST FOR A HOME OCCUPATION PERMIT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT, AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON FEBRUARY 12, 2018 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS, AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. ITEM ON APPEAL: The Director approved an application for a Type II Home Occupation Permit at 12418 SW 131St Avenue on December 4, 2017 (Case No. HOP2017-00035). On December 19,2017, an appeal to the Hearings Officer was filed on this application. On February 22,2018, the Hearings Officer denied the appeal,and approved Case No. HOP2017- 00035,subject to certain conditions of approval.The approved home occupation use is for in-home counseling services,by appointment only. The use is limited to a maximum six (6) clients per day, three (3) days per week, between the hours of 8:00 a.m. and 7:30 p.m. ZONE: Medium High-Density Residential District (R-25). REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.742. ACTION: 0 Approval as Requested ❑x Approval with Conditions 0 Denial FINAL DECISION: THIS IS THE FINAL DECISION OF THE CITY.THIS DECISION IS FINAL ON FEBRUARY 22, 2018,AND IS EFFECTIVE ON MARCH 16,2018,UNLESS AN APPEAL IS FILED. The adopted findings of facts, decision,and conditions of approval can be obtained from Lina Smith,Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, by calling at (503) 718-2438, or by e-mail to LinaCS@tigard-or.gov. APPEAL: A review of this decision may be obtained by filing a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals (LUBA), according to their procedures within 21 days. The deadline to file a Notice of Intent to Appeal with LUBA is March 15, 2018. QUESTIONS: If you have any questions, please contact Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223,by calling at (503) 718-2438, or by e-mail to I,inaCS@tigard-or.gov. EXHIBIT B 2S 104AC 10400 ALBERTSON,BARRY AGEE,KRIS T&JAMIE L 15445 SW 150TH AVE 12634 SW MORNING HILL DR TIGARD,OR 97224 TIGARD,OR 97223 2S104AC09100 2S 104AA 13200 ALLARD,ARTHUR B&TERESA L ALLISON,TIMOTHY D 13249 SW BOUNEFF ST 12470 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AA 12600 25104AB 12300 ANDERSON,PETER J&JENNIFER G ANDERSON,VICTORIA J 12380 SW 129TH AVE 13150 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10300 ATTN:DONNY LEE ARCE,JOHN P&ROSA SECTOR HOUSING OFFICER 12300 SW 132ND CT 2185 SE 12TH PLACE TIGARD,OR 97223 WARRENTON,OR 97146 2S104AB10000 BEACH,DAYLE D. &EVELYN O. AYOUB,WASSIM 11530 SW 72ND AVENUE 12374 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 11700 2S104AD02801 BEAN,CARL RICHARD&JANET H BEELER,BECKY 12385 SW MORNING HILL DR 12945 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 BEILKE,SUSAN BEILS FEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104AC07300 2S104AC09800 BERRY,MICHAEL S BLEDSOE,LAURA ELIZABETH 12679 SW MORNING HILL DR 13088 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08700 2S 104AA 12500 BOCHSLER,DONALD P&RUTH A BOLIN,JAMES W&CYNTHIA G 12446 SW 131ST AVE 12450 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA13400 BONILLA,NACIA / STASNY,JAMIE BOND,SUSAN R REVOCABLE LIVING T METROPOLITAN LAND GROUP,LLC BY BOND,SUSAN R TR 17933 NW EVERGREEN PARKWAY,SUITE 300 12410 SW 128TH AVE BEAVERTON,OR 97006 TIGARD,OR 97223 2S 104AC08300 2S 104AA 12800 BOWEN,GREGORY S&DEBORAH M REV BRADLEY,RICHARD J&FRANCES J LIVING TRUST 12485 SW 128TH AVE 12594 SW 131ST AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S104AB09300 BUEHNER,GRETCHEN BROWN,CHRISTOPHER A&HEIDI A PO BOX 230268 12326 SW 131ST AVE TIGARD,OR 97281 TIGARD,OR 97223 2S104AC08200 CAFFALL,REX BUTLER,TIMOTHY J&TINA D 13205 SW VILLAGE GLENN 12622 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09300 2S104AA12400 CAMPA,CRAIG S CANUTT,PAUL R&KAY M HAMILTON,MARY E 12470 SW 129TH AVE 13262 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08600 CAROL RENAUD CARMEL GROUP ENTERPRISES LLC COUNTY ADMINISTRATIVE OFFICE-COMMUNITY PO BOX 91002 ENGAGEMENT PORTLAND,OR 97291 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 CITY OF TIGARD 2S 104AB 11000 ATTN:LINA SMITH CLAVIJO-SUERO,SEBASTIAN 13125 SW HALL BLVD. TAYLOR,KELLY S TIGARD,OR 97223 12330 SW MORNING HILL DR TIGARD,OR 97223 CONNERY,STACY 2S104AC09900 12564 SW MAIN STREET CORKRAN,PATRICK N&MARGARET L TIGARD,OR 97223 12567 SW 131ST AVE TIGARD,OR 97223 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S 104AA 11300 2S104AB11900 DIGBY,JENNIFER DINDIA,STEVEN J&DIANA E 12375 SW 128TH AVE 12438 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB09700 2S104AD02400 DRUMMOND,GARY J&GLADYS T DURDEL,NICLAUS C 12367 SW 131ST AVE 12925 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AD04800 2S104AB09800 EASLEY,JOHN H&MARGARET M EDIGER,ERICA L&ROGER J 12923 SW WALNUT ST 13101 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08400 ENGVALL,ANN ENFIELD-LEWIS FAMILY TRUST 15461 SW 82 PL BY ENFIELD,THOMAS&LEWIS,PEGGY T TIGARD,OR 97224 12568 SW 131 AVE TIGARD,OR 97223 2S104AC09000 2S104AC05100 ERNS'1'ER,EUGENE J&CARLA E FINNIGAN,DAVID M&MEGHANN L 13173 SW BOUNEFF ST 12743 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB02400 2S 104AD02300 FINSETH,SARAH E FOERSTER,JAMES W&JO NELLE JOHNSON,CURTISS A 12535 SW 128TH AVE 12210 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC06600 2S104AC08100 FORSTNER FAMILY 2013 TRUST FREY,MARC A&ILEANA Y BY FORSTNER,FREDERICK C&ANDRA TR 12656 SW 131ST 12483 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 FROUDE,BEVERLY 2S104AC10600 12200 SW BULL MOUNTAIN ROAD FULITANO,JOHN A&BRIDGET K TIGARD,OR 97224 12594 SW MORNING HILL DR TIGARD,OR 97223 2S104AC06700 2S104AB09000 GABEL LIVING TRUST GISMONDI,MICHAEL E JR LIVING TR 12517 SW MORNING HILL DR BY GISMONDI,MICHAEL E JR& TIGARD,OR 97223 GISMONDI,BERNARD TRS 24046 AMES ST TAYLOR,MI 48180 2S104AC08500 HADLEY,BONNIE CHAIR CPO 4B GRODEM,ERIN E&WADE B 16200 SW PACIFIC HWY SUITE H BOX 242 12520 SW 131ST AVE TIGARD,OR 97224 TIGARD,OR 97223 2S104AC08800 HAMILTON,LISA CPO 4B VICE CHAIR HAFER,JEROD R 13565 SW BEEF BEND ROAD 13097 SW BOUNEFF ST TIGARD,OR 97224 TIGARD,OR 97223 2S 104AB 11600 2S104AC 10100 HANEL,ROBERT R&JULIANNE HARMS,SHAWN R&JILL M 13274 SW BENISH ST 12655 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 HERING,J. BLAKE. 2S104AB10900 NORRIS BEGGS&SIMPSON HERST,PATRICIA A TRUST 121 SW MORRISON,SUITE 200 12741 SW BARBERRY DR PORTLAND,OR 97204 BEAVERTON,OR 97008 2S104AB09500 2S104AB08900 HIGGINS,KEVIN&KIM HILL,VIRGINIA ANN 12303 SW 131ST AVE 12418 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AA 13500 2S 104AB 12400 HJORTH,RAMONA C HOF LIVING TRUST 12360 SW 128TH 13116 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 HOGAN,KEVIN 2S104AB09200 14357 SW 133RD AVENUE HOPKINS,MARC W&DENISE S TIGARD,OR 97224 12354 SW 131ST AVE TIGARD,OR 97223 2S104AB09900 2S 104AB 10700 HOWLAND,RUTH J REVOCABLE TRUST HUGHES,DENNIS S&IRENE B BY HOWLAND,RUTH J TR 13227 SW BENISH ST 13145 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 2S104AB12100 JOHNSON,ROBERT D JOHNSON,S I'EVEN W&BEVERLY J 12466 SW MORNING HILL DR 13234 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 KEERINS,PATRICIA 2S104AA12300 15677 SW OREGON ST.APT 209 KEMPTER,ROBERT W JR AND TIGARD,OR 97140 LYNN D 12480 SW 129TH TIGARD,OR 97223 2S 104AA 12000 2S104AC09600 KIERNAN,JILL ANN KIM,JOO W&DONG ON 12495 SW 129TH AVE 13156 SW BOUNEFF TIGARD,OR 97223 TIGARD,OR 97223 KIMMEL,DAVID KNAPP,MONA 1335 SW 66TH SUITE 201 9600 SW FREWING STREET PORTLAND,OR 97225 TIGARD,OR 97223 2S104AB02500 2S104AB09100 KRUSE,MICHAEL RAY&TERIANN KUTCH,PATRICK&FUMIKO 12220 SW MORNING HILL DR 12392 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 LISA HAMILTON CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S104AC06500 2S104AA12900 MAJORS,JERUSHA NICHOLE MATTHEWS,BRIAN&ANNE-MARIE 12449 SW MORNING HILL DR 12515 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12000 MILDREN,GENE MCMILLAN,D SCOTT MILDREN DESIGN GROUP MCMILLAN,ROBERT D 7650 SW BEVELAND ST,STE 120 12416 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 10800 2S 104AB 11800 MOHAMMADY,MARZIA MOORE,THOMAS E&CAROLYN J 13263 SW BENISH ST 12427 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11600 2S104AA12100 MORGAN,DANIEL G&MARTHA W MORRISON,SAMUEL P 12435 SW 129TH AVE 12505 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC10500 MURDOCK,NATHAN AND ANN MULYAR,TATYANA 7415 SW SPRUCE STREET 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN. GRI 2S 104AB 10400 MEADOWS INC REALTORS NELSON,RONALD A&NANCY A 12655 SW NORTH DAKOTA STREET 12321 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 NEWTH,PATTY 2S104AC09700 12180 SW MERESTONE COURT NGUYEN,JOHN QUAN&LISA SON TIGARD,OR 97223 13122 SW BOUNEFF TIGARD,OR 97223 2S 104AA 11500 2S104AB05600 NGUYEN,NGA BICH NICHOLAS,CYNTHIA J CHUNG,VAN KHANH 12279 SW 131ST AVE 12415 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10200 2S104AB05700 NUNN,JEFF&HANNAH OYLER,ALLEN&GERALEE 12334 SW 132ND CT 12288 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AC 10200 2S 104AA 13300 PALADICHUK,KATHERINE MARY&BRI PAUL,MATTHEW S 12662 SW MORNING HILL DR CHRISTENSEN,DAWN TIGARD,OR 97223 PO BOX 25067 PORTLAND,OR 97298 2S 104AA 11200 multiple: 2S 104AD02800 to 2S104AD04600 PEZZOTTI,DORIS&JEFFREY PHAM,HAO D 12345 SW 128TH AVE NGUYEN,LAI T TIGARD,OR 97223 16144 NW GILLIHAN RD PORTLAND,OR 97231 2S104AB02600 2S104AA11700 PIERSON,JEFFREY M&MARISSA PODOLSKI,DANIEL 12232 SW MORNING HILL DR 12445 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05400 ROGERS,KATE ROBISON,ERIC S&PAMELA R 9527 SW BROOKLYN LN 12235 SW 131ST AVE TIGARD,OR,97224 TIGARD,OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S104AA11100 2S104AC10300 RUSSELL,JAMES JOSEPH SANCHEZ,KARL G&DEBBIE R 12305 SW 128TH AVE 12650 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08900 2S 104AA 12200 SAUER,DAVID E&JULIE E SCHRADER,MARCUS J&ROBERTA L 13141 SW BOUNEFF ST 12490 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AA 11800 2S 104AC 10000 SELLMAN,KIRK&EILEEN TRUST SKOPIL,JOSHUA&KELLY 12465 SW 129TH AVE 12619 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11900 SPRING,BRAD SMITH,DORIS J REV LIV TRUST 7555 SW SPRUCE STREET BY SMITH,DORIS J TR TIGARD,OR 97223 12475 SW 129TH AVE TIGARD,OR 97223 STALZER,CHARLIE AND LAME 2S104AB09600 14781 SW JULIET TERRACE STONER,JONATHAN C&DEBRA S TIGARD,OR 97224 12345 SW 131ST AVE TIGARD,OR 97223 SUNDBERG,ROSS 2S104AB10600 16382 SW 104TH AVE SW 132ND COURT LLC TIGARD,OR 97224 12365 SW 132ND CT TIGARD,OR 97223 2S104AB 10100 2S104AC09400 SYKES,DALE E THOMAS,BRIAN D&KATHLEEN M B 12356 SW 132ND CT 13234 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05800 2S104AC09500 TILLOTSON,JASON P&CARRIE J TURNER,MICHAEL W&SUSAN G 12274 SW 131ST AVE 13180 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC05000 2S104AC07400 VALUSEK,LUCIUS VANVLEET,RYAN 12721 SW 131ST AVE MAGARO,MONIQUE TIGARD,OR 97223 12695 SW MORNING HILL DR TIGARD,OR 97223 2S 104AA 12700 2S104AB09400 VORHIS,GALE WASHBURN,JAMES R MERLIN-MATHEWS,JULIE 12310 SW 131ST PO BOX 2416 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 WEGENER,BRIAN multiple:2S104AA00102 to 2S104AB12500 9830 SW KIMBERLY DRIVE WETLANDS CONSERVANCY INC,THE TIGARD,OR 97224 4640 SW MACADAM AVE,STE 50 PORTLAND,OR 97239 2S 104AA 11400 2S104AC08000 WHITE,BURTON D REVOCABLE LIVING WILLIAMS,CRAIG A 12395 SW 129TH AVE SWEDA,GARY L TIGARD,OR 97223 12698 SW MORNING HILL CT TIGARD,OR 97223 2S 104AB 12200 2S104AB05500 WU,FRANK& YANG,YING-CHIEH&SHU-CHIN LIU,LI-PING 12257 SW 131ST ST 13192 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10500 multiple: 2S104AA00105 to 2S104AB05900 YOUNG,PATRICIA A ZAFARABADI,GHOLAMHASSAN HINZE,DONALD J 12242 SW 131ST AVE 12343 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 City ofTigard City ofTigard III ., Community Development ., Community Development ATTN: Lina Smith ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 VIRGINIA HILL, LCSW ANDREW H. STAMP, P.C. 12418 SW 131ST AVENUE ATTORNEY AT LAW TIGARD, OR 97223 KRUSE-MERCANTILE PROFESSIONAL OFFICES, SUITE 16 4248 GALEWOOD STREET LAKE OSWEGO, OR 97035 Citi'lly ofTigard City ofTigard m Community Development a Community Development : ATTN: Lina Smith ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 BROWN, CHRISTOPHER A & HEIDI A SHARON LOFFELMACHER 12326 SW 131ST AVENUE 17937 CARDINAL DRIVE TIGARD, OR 97223 LAKE OSWEGO, OR 97034 City ofTigard City ofTigard II ., Community Development ,, Community Development ATTN: Lina Smith : C ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 EVELYN T. MURPHY REBECCA SPEULDA 8152 SW ASHFORD STREET 17390 WILES COURT TIGARD, OR 97224 GLADSTONE, OR 97027 City ofTigard City ofTigard I'sII ., Community Development ., Community Development ATTN: Lina Smith 's ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 JENNIFER WORTH JENNIFER TALNEY-NEEDHAM 12400 SW 131ST AVENUE 4945 SE REX DRIVE TIGARD, OR 97223 PORTLAND, OR 97206 City ofTigard City ofTigard 1111q Community Development ,, Community Development e ATTN: Lina Smith i : ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 ANN SOULE KATHRYN KOZLOWSKI 12750 SW PACER DRIVE 12400 SW 131ST AVENUE BEAVERTON, OR 97008 TIGARD, OR 97223 City ofTigard City ofTigard III ,, Community Development 41 Community Development ATTN: Lina Smith ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 LUCIUS VALUSEK BEN NEEDHAM 12721 SW 131ST AVENUE 4945 SE REX DRIVE TIGARD, OR 97223 PORTLAND, OR 97206 City ofTigard City ofTigard II e Community Development ., Community Development ATTN: Lina Smith i e ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 OLIVIA HILL JEROD HAFER 12418 SW 131ST AVENUE 13097 SW BOUNEFF ST TIGARD, OR 97223 TIGARD, OR 97223 City ofTigard City ofTigard IIINI Community Development ,, Community Development C ATTN: Lina Smith ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 CARRIE TILLOTSON MARK SPRANDO 12274 SW 131ST AVENUE 13067 SW KATHERINE STREET TIGARD, OR 97223 TIGARD, OR 97223 City ofTigard City ofTigard III 'I Community Development ,, Community Development ATTN: Lina Smith i ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 RUTH BOCHSLER DALE AND JAN SYKES 12446 SW 131ST AVENUE 12356 SW 132ND CT TIGARD, OR 97223 TIGARD, OR 97223 City ofTigard 114 u, Community Development ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 MICHAEL GISMONDI 12400 SW 131ST AVENUE TIGARD, OR 97223 AFFIDAVIT OF POSTING NOTICE City of Tigard 11 Planning Division 13125 SW Hall Boulevard T I GARD Tigard, OR 97223 In the Matter of an Appeal to the Hearings Officer on a Type II Home Occupation Permit: Land Use File No.: HOP2017-00035 Land Use File Name: VIRGINIA HILL,LCSW I, Lina Smith, being first duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon, and that I personally posted Notice of a Public Hearing on an Appeal to the Hearings Officer by means of weatherproof posting at 12418 SW 131St Avenue.Tigard, Oregon 97223, a copy of said notice being hereto attached and by reference made a part hereof,on the 22"d day of January 2018. Signature of Person Who Performed Posting (In the presence of the Notary) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 2-2- day of -3 a h v Q), ,20 18 . f •., OFFICIAL STAMP 4 ` �, GLORIA NALIELY PINZON MARIN "k1/47,7,14 NOTARY PUBLIC-OREGON ,/ COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF OREG N My Commission Expires: /0 — l 1- 2-0 2 r NOTICE OF PUBLIC HEARING An appeal has been filed on the land use application referenced below. The Hearings Officer will conduct a public hearing on this matter beginning at 7:00 pm on Monday, February 12, 2018, in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd., Tigard, Oregon 97223. Further information may be obtained from Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, by calling at (503) 718-2438, or by e-mail to LinaCS@tigard-or.gov. - VIRGINIA HILL, LCSW - HOME OCCUPATION PERMIT CASE NO. HOP2017-00035 REQUEST: An appeal has been filed on the approval of a Type II Home Occupation Permit, which was approved by the Director on December 4, 2017. The applicant's proposal is to provide in-home counseling services, three (3) days a week, at 12418 SW 131st Avenue. Clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. LOCATION: 12418 SW 131st Avenue; WCTM 2S104AB, Tax Lot 8900. TIGARD ZONING DESIGNATION: R-25: Medium High-Density Residential District. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.742. Anyone wishing to present written testimony on this proposed action may do so by sending it to Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS@tigard-or.gov. Include the Case ID Number: HOP2017-00035. We need to receive your written comments by 8:00 a.m. on Thursday, February 01, 2018, in order to have your comments considered as part of the staff report. Written comments are accepted by the Hearings Officer until the close of the hearing, but those received after February 01, 2018 will not be addressed in the staff report. Anyone wishing to present oral testimony may do so at the hearing. What You Should Know About This Type III-HO Administrative Appeal Proposal This proposal requires a quasi-judicial Type III-HO land use hearing in front of the Hearings Officer. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period or through oral testimony at the public hearing. The Community Development Department will be making a recommendation to the Hearings Officer on this proposal; the staff report will be available for review at least seven days prior to the hearing. The final decision will be made by the Hearings Officer after consideration of relevant evidence and public comments received during the open comment period and at the hearing. The decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application, documents and evidence considered will be contained in the public record and available for public review. If you would like to review this material at no cost, please schedule an appointment with Lina Smith, Assistant Planner at (503) 718-2438 or LinaCS@tigard-or.gov. If you wish to receive copies of the materials, city staff will prepare them for you at a reasonable cost. Public Comment and Hearing Process Information The public hearing on this matter will be conducted in accordance with the Tigard Development Code, Chapter 18.390 and rules of procedure adopted by the Tigard City Council which are available online or by request at City Hall. At the hearing, the Hearings Officer will receive a staff report and presentation from the assigned planner, open the public hearing, and invite both oral and written testimony. The Hearings Officer may continue the public hearing to an additional meeting date in order to obtain more information, or may close the public hearing and take action on the application. If evidence in support of the application is submitted less than seven days prior to the public hearing, any party is entitled to request a continuance of the hearing. If there is no continuance granted at the hearing, any participant in attendance may request that the record remain open for at least seven additional days after the hearing. Appeal Information Failure to raise any issue regarding this proposal, either in person or in writing prior to the close of the public hearing, or failure to provide testimony or sufficient evidence to allow the Hearings Officer to respond to the issue, precludes an appeal to the Land Use Board of Appeals based on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder, Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. Pamplin . .. Our w .�a 6605 SE Lake Road, Portland,OR 97222 PO Box 22109 Portland, OR 97269-2169 Phone: 503-684-0360 Fax: 503-620-3433 PUBLIC HEARING ITEM: E-mail: legals@commnewspapers.com An appeal has been filed on the land use application referenced AFFIDAVIT O F PUBLICATION above. The Hearings Officer will conduct a public hearing on this matter beginning at 7:00 pm on Monday, February 12, State of Oregon, County of Washington, SS I, 2018,in the Town Hall of the Tigard Civic Center at 13125 SW Charlotte Allsop, being the first duly sworn, Hall Blvd.,Tigard,Oregon 97223. depose and say that I am the Accounting Manager of the The Times, a newspaper of Anyone wishing to present written testimony on this proposed general circulation, published at Tigard/Tu- action may do so by sending it to Lina Smith,Assistant Planner alatin, in the aforesaid county and state, as in the City of Tigard Planning Division, 13125 SW Hall Blvd., defined by ORS 193.010 and 193.020, that Tigard, OR 97223,or LinaCS@tigard-or.gov.Include the Case ID Number: HOP2017-00035. We need to receive your writ- CITY OF TIGARD ten comments by 8:00 a.m. on Thursday, February 01, 2018, NOTICE OF PUBLIC HEARING - Virginia in order to have your comments considered as part of the staff Hill, LCSW report. Written comments are accepted by the Hearings Officer Ad#: 26454 until the close of the hearing,but those received after February 01,2018 will not be addressed in the staff report.Anyone wish- ing to present oral testimony may do so at the hearing. A copy of which is hereto annexed, was published in the entire issue of said -VIRGINIA HILL,LCSW- newspaper(s) for 1 week(s) in the HOME OCCUPATION PERMIT following issue(s): CASE NO.HOP2017-00035 01/18/2018 REQUEST: An appeal has been filed on the approval of a Type ' II Home Occupation Permit,which was approved by the Direc- C V J 4 tor on December 4,2017.The applicant's proposal is to provide in-home counseling services, three (3) days a week, at 12418 Charlotte Allsop (Accounting Manager) MO SW 131st Avenue. Clients will be seen by appointment only, - between the hours of 8 a.m. to 8 p.m. The home occupation ° will utilize 500 square feet of an existing residence.Counseling it Subscribed and sworn to before me this will be provided for children and women experiencing grief and 01/18/2018. `till( loss,coping with cancer issues,and life transitions.No external 1 changes to the property are proposed as part of this application. '111` LOCATION: 12418 SW 131st Avenue; WCTM 2S 104AB, ;//, Tax Lot 8900. TIGARD ZONING DESIGNATION: R-25:' Medium High-Density Residential District. APPLICABLE NOTARY PUBFOR OREGON REVIEW CRITERIA: Tigard Community Development Code Chapter 18.742. � OFFICIAL STAMP What You Should Know About This Type III-HO Adminis- " SHERRYL R ANDERSON ]J` }c, ,. NOTARY PUBLIC-OREGON trative Appeal Proposal 0( 'iv COMMISSION NO.953783 .0 This proposal requires a quasi-judicial Type III-HO land use MY COMMISSION EXPIRES AUGUST 25,2020 ; hearing in front of the Hearings Officer.The goal of this notice Acct #: 107839 �^ `1 ^`' is to invite interested parties to participate early in the deci- Attn: JOE PATTON cion-making process by submitting comments in writing during TIGARD, CITY OF the open comment period or through oral testimony at the pub- 13125 SW HALL BLVD lic hearing. The Community Development Department will be TIGARD, OR 97228 making a recommendation to the Hearings Officer on this pro- posal;the staff report will be available for review at least seven days prior to the hearing. The final decision will be made by the Hearings Officer after consideration of relevant evidence and public comments received during the open comment period and at the hearing.The decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application, docu- ments and evidence considered will be contained in the public record and available for public review. If you would like to re- view this material at no cost, please schedule an appointment with Lina Smith,Assistant Planner at (503) 718-2438 or Lin- aCS@tigard-or.gov. If you wish to receive copies of the mate- AFFIDAVIT OF MAILING T I GARD I,Lina Smith, being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below} ® NOTICE OF Type III Public Heari.ng FOR: Virginia Hill,LCSW HOP2017-00035 ❑ REVISED NOTICE OF: ❑ City of Tigard Community Development Director/Designee ® Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, January 17,2018 ,and deposited in the United States Mail on January 17,2018,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the t 0 day of aC,VW A ,2018. OFFICIAL STAMP ^ rGLORIA NALLELY PINZON MARIN `4M NOTARY PUBLIC-OREGON igjAp � ' COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 L NOTARY PUBLIC OF OREGON My Commission Expires: .10- l7- zos( EXHIBIT A si Ihi Notice of a Public Hearing — Type III-HO Appeal to Hearings Officer TIGARD Virginia Hill, LCSW (Home Occupation Permit) Case ID: HOP2017-00035 Tigard Community Development Contact Information Date of Notice: Wednesday,January 17,2018 120 days = March 5, 2018 To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov An appeal has been filed on the land use application referenced above. The Hearings Officer will conduct a public hearing on this matter beginning at 7:00 pm on Monday,February 12,2018,in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard,Oregon 97223. Anyone wishing to present written testimony on this proposed action may do so by sending it to Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS@tigard-or.gov. Include the Case ID Number: HOP2017-00035.We need to receive your written comments by 8:00 a.m. on Thursday, February 01, 2018, in order to have your comments considered as part of the staff report. Written comments are accepted by the Hearings Officer until the close of the hearing, but those received after February 01, 2018 will not be addressed in the staff report. Anyone wishing to present oral testimony may do so at the hearing. Information About the Proposal Description of the Proposal: An appeal has been filed on the approval of a Type II Home Occupation Permit,which was approved by the Director on December 4,2017.The applicant's proposal is to provide in-home counseling services,three(3) days a week,at 12418 SW 131st Avenue. Clients will be seen by appointment only,between the hours of 8 a.m. to 8 p.m. The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. Appellant: Heidi Brown Applicant Virginia Hill,LCSW 12326 SW 131st Avenue and Property 12418 SW 131st Avenue Tigard,OR 97223 Owner: Tigard, OR 97223 Proposal 12418 SW 131st Avenue Address: Legal WCTM 2S104AB,Tax Lot 8900 Description: Zoning: R-25: Medium High-Density Residential District Approval Community Development Code Chapter 18.742 Criteria: City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 1 w What You Should Know About This Type III-HO Administrative Appeal Proposal This proposal requires a quasi-judicial Type III-HO land use hearing in front of the Hearings Officer. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period or through oral testimony at the public hearing. The Community Development Department will be making a recommendation to the Hearings Officer on this proposal;the staff report will be available for review at least seven days prior to the hearing. The final decision will be made by the Hearings Officer after consideration of relevant evidence and public comments received during the open comment period and at the hearing.The decision will be mailed to the applicant and anyone who submitted written comments or is otherwise entitled to a decision notice. Public Information Requests: a copy of the application, documents and evidence considered will be contained in the public record and available for public review.If you would like to review this material at no cost,please schedule an appointment with Lina Smith, Assistant Planner at (503) 718-2438 or LinaCS@tigard-or.gov. If you wish to receive copies of the materials, city staff will prepare them for you at a reasonable cost. Public Comment and Hearing Process Information The public hearing on this matter will be conducted in accordance with the Tigard Development Code, Chapter 18.390 and rules of procedure adopted by the Tigard City Council which are available online or by request at City Hall. At the hearing, the Hearings Officer will receive a staff report and presentation from the assigned planner, open the public hearing, and invite both oral and written testimony. The Hearings Officer may continue the public hearing to an additional meeting date in order to obtain more information,or may close the public hearing and take action on the application. If evidence in support of the application is submitted less than seven days prior to the public hearing, any party is entitled to request a continuance of the hearing. If there is no continuance granted at the hearing, any participant in attendance may request that the record remain open for at least seven additional days after the hearing. Appeal Information Failure to raise any issue regarding this proposal, either in person or in writing prior to the close of the public hearing,or failure to provide testimony or sufficient evidence to allow the Hearings Officer to respond to the issue, precludes an appeal to the Land Use Board of Appeals based on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. We need to receive your written comments by 8:00 a.m. on Thursday,February 01,2018,in order to have your comments considered as part of the staff report.Written comments are accepted by the Hearings Officer until the close of the hearing,but those received after February 01,2018 will not be addressed in the staff report. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2 Assistive Listening Devices and Interpreters: Assistive listening devices are available by request. The city will also endeavor to arrange for a qualified sign language and bilingual interpreters upon request. Please call 503-639-4171, extension 2438 (voice) or 503-684-2772 (TDD -Telecommunications Device for the Deaf). Please make these arrangements at least one week prior to the public hearing. Zoning Map R.4:5" 1 (PD) Zoning Map Generalized Zoning Categories R-4.5 w - X - y '- - �onia'�t)e>cription - .. Residential I Mixed Use Residential Y i— II w"' �' •Mixed liar Central Business District BFNISN'1 D R-25 m a. �Coln,nercial m " - UMixed i ne Employment i U industrial j + U Parks and Recreation f 8rNrs -L-_:- - !l 5T 1 1 Washington County Zoning o - 1 R-4.5 Overlay Zones -- ( -' Historic District Overlap I w = — T f Q �- = R-25 _I tT, ['.'Planned Development Overlay p I Z Cr Z _ 1 ___L_ W e • Nub'co Site — I.. i E BOUNEFF ST _ r s } 'n I _ 9G - t # I -- R-4.5 -"- MORNINGHill I DR � Mop altieA win 21 IV on'ttYaev 17 1i bRn.....ntb.n..bb•jnrYA.Yn 1A•YO NOMMrtY.l.n+r R-25 -- _- 51 t ..sF lMl.•.K�.lr,. .l .:4,....=,%.:::-.z...., l.�a...cw.«��urti. El '.M..-Alt:r Y.iY.N. +h]Mti7_t11.TY'IZCii4Y.171ii:Y4Y L.lWIOI[i'f.')IIY tHL"tG I:UMMUNI I r Ut nLUYMtN I UeS'AN I MtN I /33R ` HiQ I cr m upAm • P` '% 2 I p ,12'5WIWI5sn t GpR p5 rl00rra.oN arm _ 4:r IA• '�5 rT!� �, TI ��R 50se�-+m .;nALr City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 3 EXHIBIT B 2S104AC10400 ALBERTSON,BARRY AGEE,KRIS T&JAMIE L 15445 SW 150TH AVE 12634 SW MORNING HILL DR TIGARD,OR 97224 TIGARD,OR 97223 2S104AC09100 2S104AA13200 ALLARD,ARTHUR B&TERESA L ALLISON,TIMOTHY D 13249 SW BOUNEFF ST 12470 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA12600 2S 104AB 12300 ANDERSON,PETER J&JENNIFER G ANDERSON,VICTORIA J 12380 SW 129TH AVE 13150 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10300 ATTN:DONNY LEE ARCE,JOHN P&ROSA SECTOR HOUSING OFFICER 12300 SW 132ND CT 2185 SE 12TH PLACE TIGARD,OR 97223 WARRENTON,OR 97146 2S104AB10000 BEACH,DAYLE D.&EVELYN O. AYOUB,WASSIM 11530 SW 72ND AVENUE 12374 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 25104AB 11700 2S104AD02801 BEAN,CARL RICHARD&JANET H BEELER,BECKY 12385 SW MORNING HILL DR 12945 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 BEILKE,SUSAN BEILSTEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104AC07300 2S104AC09800 BERRY,MICHAEL S BLEDSOE,LAURA ELIZABETH 12679 SW MORNING HILL DR 13088 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08700 2S104AA12500 BOCHSLER,DONALD P&RUTH A BOLIN,JAMES W&CYNTHIA G 12446 SW 131ST AVE 12450 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA13400 BONILLA,NACIA/STASNY,JAMIE BOND,SUSAN R REVOCABLE LIVING T METROPOLITAN LAND GROUP,LLC BY BOND,SUSAN R TR 17933 NW EVERGREEN PARKWAY,SUITE 300 12410 SW 128TH AVE BEAVERTON,OR 97006 TIGARD,OR 97223 2S104AC08300 2S104AA12800 BOWEN,GREGORY S&DEBORAH M REV BRADLEY,RICHARD J &FRANCES J LIVING TRUST 12485 SW 128TH AVE 12594 SW 131ST AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S104AB09300 BUEHNER,GRETCHEN BROWN,CHRISTOPHER A&HEIDI A PO BOX 230268 12326 SW 131ST AVE TIGARD,OR 97281 TIGARD,OR 97223 2S104AC08200 CAFFALL,REX BUTLER,TIMOTHY J&TINA D 13205 SW VILLAGE GLENN 12622 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09300 2S 104AA 12400 CAMPA,CRAIG S CANUTT,PAUL R&KAY M HAMILTON,MARY E 12470 SW 129TH AVE 13262 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08600 CAROL RENAUD CARMEL GROUP ENTERPRISES LLC COUNTY ADMINISTRATIVE OFFICE-COMMUNITY PO BOX 91002 ENGAGEMENT PORTLAND,OR 97291 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 CITY OF TIGARD 2S104AB11000 ATTN:LINA SMITH CLAVIJO-SUERO,SEBASTIAN 13125 SW HALL BLVD. TAYLOR,KELLY S TIGARD,OR 97223 12330 SW MORNING HILL DR TIGARD,OR 97223 CONNERY,STACY 2S104AC09900 12564 SW MAIN STREET CORKRAN,PATRICK N&MARGARET L TIGARD,OR 97223 12567 SW 131ST AVE TIGARD,OR 97223 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S104AA11300 2S104AB11900 DIGBY,JENNIFER DINDIA,STEVEN J&DIANA E 12375 SW 128TH AVE 12438 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB09700 2S 104AD02400 DRUMMOND,GARY J&GLADYS T DURDEL,NICLAUS C 12367 SW 131ST AVE 12925 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AD04800 2S104AB09800 EASLEY,JOHN H&MARGARET M EDIGER,ERICA L&ROGER J 12923 SW WALNUT ST 13101 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08400 ENGVALL,ANN ENFIELD-LEWIS FAMILY TRUST 15461 SW 82 PL BY ENFIELD,THOMAS&LEWIS,PEGGY T TIGARD,OR 97224 12568 SW 131 AVE TIGARD,OR 97223 2S104AC09000 2S104AC05100 ERNSTER,EUGENE J&CARLA E FINNIGAN,DAVID M&MEGHANN L 13173 SW BOUNEFF ST 12743 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB02400 2S104AD02300 FINSETH,SARAH E FOERSTER,JAMES W&JO NELLE JOHNSON,CURTISS A 12535 SW 128TH AVE 12210 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC06600 2S104AC08100 FORSTNER FAMILY 2013 TRUST FREY,MARC A&ILEANA Y BY FORSTNER,FREDERICK C&ANDRA TR 12656 SW 131ST 12483 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 FROUDE,BEVERLY 2S104AC10600 12200 SW BULL MOUNTAIN ROAD FULITANO,JOHN A&BRIDGET K TIGARD,OR 97224 12594 SW MORNING HILL DR TIGARD,OR 97223 2S104AC06700 2S104AB09000 GABEL LIVING TRUST GISMONDI,MICHAEL E JR LIVING TR 12517 SW MORNING HILL DR BY GISMONDI,MICHAEL E JR& TIGARD,OR 97223 GISMONDI,BERNARD TRS 24046 AMES ST TAYLOR,MI 48180 2S104AC08500 HADLEY,BONNIE CHAIR CPO 4B GRODEM,ERIN E&WADE B 16200 SW PACIFIC HWY SUITE H BOX 242 12520 SW 131ST AVE TIGARD,OR 97224 TIGARD,OR 97223 2S104AC08800 HAMILTON,LISA CPO 4B VICE CHAIR HAFER,JEROD R 13565 SW BEEF BEND ROAD 13097 SW BOUNEFF ST TIGARD,OR 97224 TIGARD,OR 97223 2S104AB11600 2S 104AC 10100 HANEL,ROBERT R&JULIANNE HARRIS,SHAWN R&JILL M 13274 SW BENISH ST 12655 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 HERING,J.BLAKE. 2S104AB10900 NORRIS BEGGS&SIMPSON HERST,PATRICIA A TRUST 121 SW MORRISON,SUITE 200 12741 SW BARBERRY DR PORTLAND,OR 97204 BEAVERTON,OR 97008 2S104AB09500 2S104AB08900 HIGGINS,KEVIN&KIM HILL,VIRGINIA ANN 12303 SW 131ST AVE 12418 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AA 13500 2S 104AB 12400 HJORTH,RAMONA C HOF LIVING TRUST 12360 SW 128TH 13116 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 HOGAN,KEVIN 2S104AB09200 14357 SW 133RD AVENUE HOPKINS,MARC W&DENISE S TIGARD,OR 97224 12354 SW 131ST AVE TIGARD,OR 97223 2S104AB09900 2S 104AB 10700 HOWLAND,RUTH J REVOCABLE TRUST HUGHES,DENNIS S&IRENE B BY HOWLAND,RUTH J TR 13227 SW BENISH ST 13145 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 2S 104AB 12100 JOHNSON,ROBERT D JOHNSON,STEVEN W&BEVERLY J 12466 SW MORNING HILL DR 13234 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 KEERINS,PATRICIA 2S104AA12300 15677 SW OREGON ST.APT 209 KEMPTER,ROBERT W JR AND TIGARD,OR 97140 LYNN D 12480 SW 129TH TIGARD,OR 97223 2S104AA12000 2S104AC09600 KIERNAN,JILL ANN KIM,JOO W&DONG ON 12495 SW 129TH AVE 13156 SW BOUNEFF TIGARD,OR 97223 TIGARD,OR 97223 KIMMEL,DAVID KNAPP,MONA 1335 SW 66TH SUITE 201 9600 SW FREWING STREET PORTLAND,OR 97225 TIGARD,OR 97223 2S104AB02500 2S104AB09100 KRUSE,MICHAEL RAY&TERIANN KUTCH,PATRICK&FUMIKO 12220 SW MORNING HILL DR 12392 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 LISA HAMILTON CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S104AC06500 2S 104AA 12900 MAJORS,JERUSHA NICHOLE MATTHEWS,BRIAN&ANNE-MARIE 12449 SW MORNING HILL DR 12515 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12000 MILDREN,GENE MCMILLAN,D SCOTT MILDREN DESIGN GROUP MCMILLAN,ROBERT D 7650 SW BEVELAND ST,STE 120 12416 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 10800 2S 104AB 11800 MOHAMMADY,MARZIA MOORE,THOMAS E&CAROLYN J 13263 SW BENISH ST 12427 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11600 2S104AA12100 MORGAN,DANIEL G&MARTHA W MORRISON,SAMUEL P 12435 SW 129TH AVE 12505 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC10500 MURDOCK,NATHAN AND ANN MULYAR,TATYANA 7415 SW SPRUCE STREET 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN.GRI 2S104AB10400 MEADOWS INC REALTORS NELSON,RONALD A&NANCY A 12655 SW NORTH DAKOTA STREET 12321 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 NEWTH,PATTY 2S104AC09700 12180 SW MERESTONE COURT NGUYEN,JOHN QUAN&LISA SON TIGARD,OR 97223 13122 SW BOUNEFF TIGARD,OR 97223 2S 104AA 11500 2S104AB05600 NGUYEN,NGA BICH NICHOLAS,CYNTHIA J CHUNG,VAN KHANH 12279 SW 131ST AVE 12415 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 10200 2S104AB05700 NUNN,JEFF&HANNAH OYLER,ALLEN&GERALEE 12334 SW 132ND CT 12288 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC10200 2S104AA13300 PALADICHUK,KATHERINE MARY&BRI PAUL,MATTHEW S 12662 SW MORNING HILL DR CHRIS'I'ENSEN,DAWN TIGARD,OR 97223 PO BOX 25067 PORTLAND,OR 97298 2S104AA11200 multiple:2S104AD02800 to 2S104AD04600 PEZZOTTI,DORIS&JEFFREY PHAM,HAO D 12345 SW 128TH AVE NGUYEN,LAI T TIGARD,OR 97223 16144 NW GILLIHAN RD PORTLAND,OR 97231 2S104AB02600 2S 104AA11700 PIERSON,JEFFREY M&MARISSA PODOLSKI,DANIEL 12232 SW MORNING HILL DR 12445 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05400 ROGERS,KATE ROBISON,ERIC S&PAMELA R 9527 SW BROOKLYN LN 12235 SW 131ST AVE TIGARD,OR,97224 TIGARD,OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S104AA11100 2S104AC10300 RUSSELL,JAMES JOSEPH SANCHEZ,KARL G&DEBBIE R 12305 SW 128TH AVE 12650 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08900 2S104AA12200 SAUER,DAVID E&JULIE E SCHRADER,MARCUS J&ROBERTA L 13141 SW BOUNEFF ST 12490 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11800 2S104AC10000 SELLMAN,KIRK&EILEEN TRUST SKOPIL,JOSHUA&KELLY 12465 SW 129TH AVE 12619 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11900 SPRING,BRAD SMITH,DORIS J REV LIV TRUST 7555 SW SPRUCE STREET BY SMITH,DORIS J TR TIGARD,OR 97223 12475 SW 129TH AVE TIGARD,OR 97223 STALZER,CHARLIE AND LAME 2S104AB09600 14781 SW JULIET TERRACE STONER,JONATHAN C&DEBRA S TIGARD,OR 97224 12345 SW 131ST AVE TIGARD,OR 97223 SUNDBERG,ROSS 25104AB10600 16382 SW 104TH AVE SW 132ND COURT LLC TIGARD,OR 97224 12365 SW 132ND CT TIGARD,OR 97223 2S 104AB 10100 2S104AC09400 SYKES,DALE E THOMAS,BRIAN D&KATHLEEN M B 12356 SW 132ND CT 13234 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05800 25104AC09500 TILLOTSON,JASON P&CARRIE J TURNER,MICHAEL W&SUSAN G 12274 SW 131ST AVE 13180 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC05000 2S104AC07400 VALUSEK,LUCIUS VANVLEET,RYAN 12721 SW 131ST AVE MAGARO,MONIQUE TIGARD,OR 97223 12695 SW MORNING HILL DR TIGARD,OR 97223 2S104AA12700 2S104AB09400 VORHIS,GALE WASHBURN,JAMES R MERLIN-MATHEWS,JULIE 12310 SW 131ST PO BOX 2416 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 WEGENER,BRIAN multiple:2S 104AA00102 to 2S 104AB 12500 9830 SW KIMBERLY DRIVE WETLANDS CONSERVANCY INC,THE TIGARD,OR 97224 4640 SW MACADAM AVE,STE 50 PORTLAND,OR 97239 2S 104AA 11400 2S104AC08000 WHITE,BURTON D REVOCABLE LIVING WILLIAMS,CRAIG A 12395 SW 129TH AVE SWEDA,GARY L TIGARD,OR 97223 12698 SW MORNING HILL CT TIGARD,OR 97223 2S 104AB 12200 2S104AB05500 WU,FRANK& YANG,YING-CHIEH&SHU-CHIN LIU,LI-PING 12257 SW 131ST ST 13192 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10500 multiple:2S104AA00105 to 2S104AB05900 YOUNG,PATRICIA A ZAFARABADI,GHOLAMHASSAN HINZE,DONALD J 12242 SW 131ST AVE 12343 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 II AFFIDAVIT OF MAILING 1,1 I. T I GARD I,Lina Smith,being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County,Oregon and that I served the following: {Check Appropriate Box(s)Below) ® NOTICE OF Type II Decision FOR: Virginia Hill,LCSW HOP2017-00035 0 REVISED NOTICE OF: ® City of Tigard Community Development Director I Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission O Tigard City Council A copy of the said notice being hereto attached,marked Exhibit "A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, December 4,2017 ,and deposited in the United States Mail on December 4,2017 ,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the day of UCUv'A 2017. f=r"- OFFICIAL STAMP *,:7 - GLORIA NALLELY PINION MARIN NOTARY PUBUC-OREGON .; COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 jjt fr,..1./.6t. Ap NOTARY PUBLIC OF OREGON My Commission Expires: Oct (7Vi32-// EXHIBIT A Notice of a Type II Decision .111 i. I Home Occupation/Type II T I O A R D Case ID: HOP2017-00035 (Virginia Hill, LCSW) is The Decision Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the requested land use action, subject to a condition of approval. The findings and conclusions on which the decision is based are noted in the Final Decision.The proposal is described below. Tigard Community Development Contact Information Date of Notice: Monday,December 04,2017 120 days = Monday,March 05,2018 Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov Appeal Information All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision.Appeal forms are available on the city's website or in person at the Permits Center. If you would like to appeal this land use decision,we need to receive your completed appeal form by 5 p.m. on Tuesday, December 19, 2017. Please include the Case ID Number: HOP2017-00035. Please hand-deliver your completed appeal form (which will be time-stamped) and pay the associated appeal fee at the Permits Center, 13125 SW Hall Blvd.,Tigard, OR 97223. If you have any questions regarding this decision,please address them to the appropriate staff person noted on this form: Lina Smith and note the Case ID Number: HOP2017-00035. This decision is final on Monday, December 04, 2017, unless an appeal is filed. The decision will go into effect on Wednesday, December 20, 2017, unless an appeal is filed. A copy of the Final Decision is available upon request from the staff contact person noted above. Information about the Decision Applicant: Virginia Hill,LCSW Owner: Same as applicant 12418 SW 131st Avenue Tigard,OR 97223 Description of the Proposal: This application is for a Type II Home Occupation at 12418 SW 131st Avenue. The applicant proposes to provide in- home counseling services,three (3) days a week. Clients will be seen by appointment only,between the hours of 8 a.m. to 8 p.m. The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss,coping with cancer issues,and life transitions. No external changes to the property are proposed as part of this application. Legal Description: 12418 SW 131st Avenue;WCTM 2S104AB,Tax Lot 8900 Zoning: R-25: Medium High-Density Residential District Appeal Procedure Details The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code,which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 5 p.m. on Tuesday,December 19,2017 Zoning Map R-4:5' Zoning Map (PD) ' Generalized Zoning Categories R-4.5 w c Z H Zoning Descriptioq m Z ^'> . Residential GI ~ -Mixed Use Residential Va Tu IIIMixed Use Central Business District O D R-25 Commercial N ns • m f .Mixed Use Employment �j •Industrial - L. B EN/S11 ST i U Parks and Recreation Washington County Zoning Irii R-4.5 - o Overlay Zones J w X. •Historic District Overlay 0 z R-25 ✓�,s, • Planned Development Overlay Z j S mix f,., K .. Subject Site '" 2 BOUNEFF ST T _ I- O Z ►- J h Q R-4.5 MORNING Hitt OR Map pr.Med.t D32I PM on 26-Sep-17 R-25OATARO[MADfKMMI.WIC110YRCCC IKC11101110.1.1.0.3 NO an u�� T.KM pIf....1.0.04 Of/ffYq sztai ravg1[MT1l Z ik i w"Sfin"r'iol rz zzn ta.ca tri cn r COMMUNITY DEVELOPMENT DEPARTMENT 1,i',R a 3� 09 c of 1 13175 SW HaN BNd l� A C Cs'c' #1, p5 " S a n r1 '�j O let ti',S !! C uyud ar.00v • City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2 EXHIBIT B 2S104AC10400 ALBERTSON,BARRY AGEE,KRIS T&JAMIE L 15445 SW 150TH AVE 12634 SW MORNING HILL DR TIGARD,OR 97224 TIGARD,OR 97223 2S104AC09100 2S 104AA 13200 ALLARD,ARTHUR B&TERESA L ALLISON,TIMOTHY D 13249 SW BOUNEFF ST 12470 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA12600 2S104AB12300 ANDERSON,PETER J&JENNIFER G ANDERSON,VICTORIA J 12380 SW 129TH AVE 13150 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10300 ATIN:DONNY LEE ARCE,JOHN P&ROSA SECTOR HOUSING OFFICER 12300 SW 132ND CT 2185 SE 12TH PLACE TIGARD,OR 97223 WARRENTON,OR 97146 2S 104AB 10000 BEACH,DAYLE D.&EVELYN O. AYOUB,WASSIM 11530 SW 72ND AVENUE 12374 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 11700 2S104AD02801 BEAN,CARL RICHARD&JANET H BEELER,BECKY 12385 SW MORNING HILL DR 12945 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 BEILKE,SUSAN BEILSTEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104AC07300 2S104AC09800 BERRY,MICHAEL S BLEDSOE,LAURA ELIZABETH 12679 SW MORNING HILL DR 13088 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 25104AC08700 2S 104AA 12500 BOCHSLER,DONALD P&RUTH A BOLIN,JAMES W&CYNTHIA G 12446 SW 131ST AVE 12450 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA13400 BONILLA,NACIA/STASNY,JAMIE BOND,SUSAN R REVOCABLE LIVING T METROPOLITAN LAND GROUP,LLC BY BOND,SUSAN R TR 17933 NW EVERGREEN PARKWAY,SUITE 300 12410 SW 128TH AVE BEAVERTON,OR 97006 TIGARD,OR 97223 2S104AC08300 2S104AA12800 BOWEN,GREGORY S&DEBORAH M REV BRADLEY,RICHARD J&FRANCES J LIVING TRUST 12485 SW 128TH AVE 12594 SW 131ST AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S104AB09300 BUEHNER,GRETCHEN BROWN,CHRISTOPHER A&HEIDI A PO BOX 230268 12326 SW 131ST AVE TIGARD,OR 97281 TIGARD,OR 97223 2S104AC08200 CAFFALL,REX BUTLER,TIMOTHY J&TINA D 13205 SW VILLAGE GLENN 12622 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09300 25104AA 12400 CAMPA,CRAIG S CANUTT,PAUL R&KAY M HAMILTON,MARY E 12470 SW 129TH AVE 13262 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08600 CAROL RENAUD CARMEL GROUP ENTERPRISES LLC COUNTY ADMINISTRATIVE OFFICE-COMMUNITY PO BOX 91002 ENGAGEMENT PORTLAND,OR 97291 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 CITY OF TIGARD 2S 104AB 11000 ATTN:LINA SMITH CLAVIJO-SUERO,SEBASTIAN 13125 SW HALL BLVD. TAYLOR,KELLY S TIGARD,OR 97223 12330 SW MORNING HILL DR TIGARD,OR 97223 CONNERY,STACY 2S104AC09900 12564 SW MAIN STREET CORKRAN,PATRICK N&MARGARET L TIGARD,OR 97223 12567 SW 131ST AVE TIGARD,OR 97223 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S 104AA 11300 2S 104AB 11900 DIGBY,JENNIFER DINDIA,STEVEN J&DIANA E 12375 SW 128TH AVE 12438 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB09700 2S104AD02400 DRUMMOND,GARY J&GLADYS T DURDEL,NICLAUS C 12367 SW 131ST AVE 12925 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AD04800 2S104AB09800 EASLEY,JOHN H&MARGARET M EDIGER,ERICA L&ROGER J 12923 SW WALNUT ST 13101 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08400 ENGVALL,ANN ENFIELD-LEWIS FAMILY TRUST 15461 SW 82 PL BY ENFIELD,THOMAS&LEWIS,PEGGY T TIGARD,OR 97224 12568 SW 131 AVE TIGARD,OR 97223 2S104AC09000 2S104AC05100 ERNSTER,EUGENE J&CARLA E FINNIGAN,DAVID M&MEGHANN L 13173 SW BOUNEFF ST 12743 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB02400 2S104AD02300 FINSETH,SARAH E FOERSTER,JAMES W&JO NELLE JOHNSON,CURTISS A 12535 SW 128TH AVE 12210 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC06600 2S104AC08100 FORSTNER FAMILY 2013 TRUST FREY,MARC A&ILEANA Y BY FORSTNER,FREDERICK C&ANDRA TR 12656 SW 131ST 12483 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 FROUDE,BEVERLY 2S104AC10600 12200 SW BULL MOUNTAIN ROAD FULITANO,JOHN A&BRIDGET K TIGARD,OR 97224 12594 SW MORNING HILL DR TIGARD,OR 97223 25104AC06700 2S104AB09000 GABEL LIVING TRUST GISMONDI,MICHAEL E JR LIVING TR 12517 SW MORNING HILL DR BY GISMONDI,MICHAEL E JR& TIGARD,OR 97223 GISMONDI,BERNARD TRS 24046 AMES ST TAYLOR,MI 48180 2S104AC08500 HADLEY,BONNIE CHAIR CPO 4B GRODEM,ERIN E&WADE B 16200 SW PACIFIC HWY SUITE H BOX 242 12520 SW 131ST AVE TIGARD,OR 97224 TIGARD,OR 97223 2S104AC08800 HAMILTON,LISA CPO 4B VICE CHAIR HAFER,JEROD R 13565 SW BEEF BEND ROAD 13097 SW BOUNEFF ST TIGARD,OR 97224 TIGARD,OR 97223 2S104AB11600 2S104AC10100 HANEL,ROBERT R&JULIANNE HARRIS,SHAWN R&JILL M 13274 SW BENISH ST 12655 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 HERING,J.BLAKE. 2S104AB10900 NORRIS BEGGS&SIMPSON HERST,PATRICIA A TRUST 121 SW MORRISON,SUTl'E 200 12741 SW BARBERRY DR PORTLAND,OR 97204 BEAVERTON,OR 97008 2S104AB09500 2S104AB08900 HIGGINS,KEVIN&KIM HILL,VIRGINIA ANN 12303 SW 131ST AVE 12418 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA13500 2S104AB12400 HJORTH,RAMONA C HOF LIVING TRUST 12360 SW 128TH 13116 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 HOGAN,KEVIN 2S104AB09200 14357 SW 133RD AVENUE HOPKINS,MARC W&DENISE S TIGARD,OR 97224 12354 SW 131ST AVE TIGARD,OR 97223 25104AB09900 2S 104AB 10700 HOWLAND,RUTH J REVOCABLE TRUST HUGHES,DENNIS S&IRENE B BY HOWLAND,RUTH J TR 13227 SW BENISH ST 13145 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 2S104AB12100 JOHNSON,ROBERT D JOHNSON,STEVEN W&BEVERLY J 12466 SW MORNING HILL DR 13234 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 KEERINS,PATRICIA 25104AA12300 15677 SW OREGON ST.APT 209 KEMP'1'ER,ROBERT W JR AND TIGARD,OR 97140 LYNN D 12480 SW 129TH TIGARD,OR 97223 2S 104AA 12000 2S104AC09600 KIERNAN,JILL ANN KIM,JOO W&DONG ON 12495 SW 129TH AVE 13156 SW BOUNEFF TIGARD,OR 97223 TIGARD,OR 97223 KIMMEL,DAVID KNAPP,MONA 1335 SW 66TH SUITE 201 9600 SW FREWING STREET PORTLAND,OR 97225 TIGARD,OR 97223 25104AB02500 2S104AB09100 KRUSE,MICHAEL RAY&TERIANN KUTCH,PATRICK&FUMIKO 12220 SW MORNING HILL DR 8720 SW SUFFOLK CT TIGARD,OR 97223 BEAVERTON,OR 97008 • LISA HAMILTON CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S104AC06500 2S 104AA 12900 MAJORS,JERUSHA NICHOLE MATTHEWS,BRIAN&ANNE-MARIE 12449 SW MORNING HILL DR 12515 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 12000 MILDREN,GENE MCMILLAN,D SCOTT MILDREN DESIGN GROUP MCMILLAN,ROBERT D 7650 SW BEVELAND ST,STE 120 12416 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10800 2S104AB11800 MOHAMMADY,MARZIA MOORE,THOMAS E&CAROLYN J 13263 SW BENISH ST 12427 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11600 2S104AA12100 MORGAN,DANIEL G&MARTHA W MORRISON,SAMUEL P 12435 SW 129TH AVE 12505 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC10500 MURDOCK,NATHAN AND ANN MULYAR,TATYANA 7415 SW SPRUCE STREET 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN.GRI 2S 104AB 10400 MEADOWS INC REALTORS NELSON,RONALD A&NANCY A 12655 SW NORTH DAKOTA STREET 12321 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 NEWTH,PATTY 2S104AC09700 12180 SW MERESTONE COURT NGUYEN,JOHN QUAN&LISA SON TIGARD,OR 97223 13122 SW BOUNEFF TIGARD,OR 97223 2S104AA11500 2S104AB05600 NGUYEN,NGA BICH NICHOLAS,CYNTHIA J CHUNG,VAN KHANH 12279 SW 131ST AVE 12415 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 25104AB 10200 2S104AB05700 NUNN,JEFF&HANNAH OYLER,ALLEN&GERALEE 12334 SW 132ND CT 12288 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AC 10200 2S 104AA 13300 PALADICHUK,KATHERINE MARY&BRI PAUL,MATTHEW S 12662 SW MORNING HILL DR CHRISTENSEN,DAWN TIGARD,OR 97223 PO BOX 25067 PORTLAND,OR 97298 2S104AA11200 multiple:2S104AD02800 to 2S104AD04600 PEZZOTTI,DORIS&JEFFREY PRAM,HAO D 12345 SW 128TH AVE NGUYEN,LAI T TIGARD,OR 97223 16144 NW GILLIHAN RD PORTLAND,OR 97231 2S104AB02600 2S104AA11700 PIERSON,JEFFREY M&MARISSA PODOLSKI,DANIEL 12232 SW MORNING HILL DR 12445 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05400 ROGERS,KATE ROBISON,ERIC S&PAMELA R 9527 SW BROOKLYN LN 12235 SW 131ST AVE TIGARD,OR,97224 TIGARD,OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S104AA11100 2S104AC10300 RUSSELL,JAMES JOSEPH SANCHEZ,KARL G&DEBBIE R 12305 SW 128TH AVE 12650 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 25104AC08900 2S 104AA 12200 SAUER,DAVID E&JULIE E SCHRADER,MARCUS J &ROBERTA L 13141 SW BOUNEFF ST 12490 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11800 2S104AC10000 SELLMAN,KIRK&EILEEN TRUST SKOPIL,JOSHUA&KELLY 12465 SW 129TH AVE 12619 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11900 SPRING,BRAD SMITH,DORIS J REV LIV TRUST 7555 SW SPRUCE STREET BY SMITH,DORIS J TR TIGARD,OR 97223 12475 SW 129TH AVE TIGARD,OR 97223 STALZER,CHARLIE AND LAME 2S104AB09600 14781 SW JULIET TERRACE STONER,JONATHAN C&DEBRA S TIGARD,OR 97224 12345 SW 131ST AVE TIGARD,OR 97223 SUNDBERG,ROSS 2S104AB10600 16382 SW 104TH AVE SW 132ND COURT LLC TIGARD,OR 97224 12365 SW 132ND CT TIGARD,OR 97223 25104AB 10100 2S104AC09400 SYKES,DALE E THOMAS,BRIAN D&KATHLEEN M B 12356 SW 132ND CT 13234 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05800 2S104AC09500 TILLOTSON,JASON P&CARRIE J TURNER,MICHAEL W&SUSAN G 12274 SW 131ST AVE 13180 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC05000 2S104AC07400 VALUSEK,LUCIUS VANVLEET,RYAN 12721 SW 131ST AVE MAGARO,MONIQUE TIGARD,OR 97223 12695 SW MORNING HILL DR TIGARD,OR 97223 2S104AA12700 25104AB09400 VORHIS,GALE WASHBURN,JAMES R MERLIN-MATHEWS,JULIE 12310 SW 131ST PO BOX 2416 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 WEGENER,BRIAN multiple:2S104AA00102 to 2S104AB12500 9830 SW KIMBERLY DRIVE WETLANDS CONSERVANCY INC,THE TIGARD,OR 97224 4640 SW MACADAM AVE,STE 50 PORTLAND,OR 97239 2S 104AA 11400 2S104AC08000 WHITE,BURTON D REVOCABLE LIVING WILLIAMS,CRAIG A 12395 SW 129TH AVE SWEDA,GARY L TIGARD,OR 97223 12698 SW MORNING HILL CT TIGARD,OR 97223 2S 104AB 12200 2S104AB05500 WU,FRANK& YANG,YING-CHIEH&SHU-CHIN LIU,LI-PING 12257 SW 131ST ST 13192 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10500 multiple:2S104AA00105 to 2S104AB05900 YOUNG,PATRICIA A ZAFARABADI,GHOLAMHASSAN HINZE,DONALD J 12242 SW 131ST AVE 12343 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 City of Tigard City of Tigard IIIii Community Development ii Community Development ATTN: Lina Smith = ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 VIRGINIA HILL, LCSW SYKES, DALE E 12418 SW 131ST AVENUE 12356 SW 132ND CT TIGARD, OR 97223 TIGARD, OR, 97223 City of Tigard City of Tigard r Community Development II Community Development ATTN: Lina Smith111/1 = ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 MOORE, THOMAS E & CAROLYN J DRUMMOND, GARY J & GLADYS T 12427 SW MORNING HILL DR 12367 SW 131ST AVE TIGARD, OR, 97223 TIGARD, OR, 97223 City of Tigard City of Tigard IIIII Community Development urn Community Development C ATTN: Lina Smith1 = ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 FINNIGAN, DAVID M & MEGHANN L HAFER,JEROD & ANGELIOU 12743 SW 131ST AVE 13097 SW BOUNEFF ST TIGARD, OR, 97223 TIGARD, OR, 97223 City of Tigard City of Tigard IIIli Community Development i q Community Development ATTN: Lina Smith ° . ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 BOWEN, GREGORY S & DEBORAH M BROWN, CHRISTOPHER A & HEIDI A REVOCABLE LIVING TRUST 12326 SW 131ST AVE 12594 SW 131ST AVE TIGARD, OR, 97223 PORTLAND, OR, 97223 City of Tigard City of Tigard IIINI Community Development ii Community Development ATTN: Lina Smith = ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 CORKRAN, PATRICK N & MARGARET L DUFFY, SHAWN P & SHANNON C 12567 SW 131ST AVE 12732 SW 131ST AVE TIGARD, OR, 97223 TIGARD, OR, 97223 City of Tigard City of Tigard IIIII Community Development es Community Development ATTN: Lina Smith ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 EDIGER, ERICA L & ROGER J GISMONDI, MICHAEL 13101 SW BENISH ST WORTH,JENNIFER TIGARD, OR, 97223 12400 SW 131ST AVE TIGARD, OR, 97223 City ofTigard City ofTigard ,, Community Development �, Community Development 's r. ATTN: Lina Smith 's : . , ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 HEDGECOCK, PETER & CYNTHIA KUTCH, PATRICK & FUMIKO 12734 SW MORNING HILL CT 12392 SW 131ST AVE TIGARD, OR, 97223 TIGARD, OR, 97223 City ofTigard City ofTigard ,, Community Development q Community Development ATTN: Lina Smith111 i : : ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 MILLER, LARRY DOUGLAS & OBERFIELD, SUSAN M OMEDA LYN TRUSTEES 12762 SW MORNING HILL CT 12223 SW 131ST AVENUE TIGARD, OR, 97223 TIGARD, OR, 97223 City ofTigard City ofTigard ., Community Development ., Community Development ATTN: Lina Smithi ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 SEILER, LINDA STONER,JONATHAN C & DEBRA S 12310 SW 131ST AVE 12345 SW 131ST AVE TIGARD, OR, 97223 TIGARD, OR, 97223 City ofTigard 71 .1 Community Development : ATTN: Lina Smith TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 SWEDA, GARY & CRAIG WILLIAMS LIV TRUST 12698 SW MORNING HILL CT TIGARD, OR, 97223 ! . " IN Notice of a Type II Proposal Home Occupation/Type II TIGAIZDgo Case ID: HOP2017-00035 (Virginia Hill, LCSW) Tigard Community Development Contact Information Date of Notice: Thursday, September 28, 2017 120 days = Wednesday,January 24, 2018 To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov If you would like to comment on this proposal, we need to receive your written comments by 5 p.m. on Thursday, October 12, 2017. Please send your comments to Lina Smith,Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS@tigard-or.gov. Include the Case ID Number: HOP2017-00035. Information About the Proposal Description of the Proposal: This application is for a Type II Home Occupation at 12418 SW 131"Avenue. The applicant proposes to provide in-home counseling services, with a maximum of six (6) daily clients. The home occupation will utilize 500 square feet of an existing residence. No external changes are proposed as part of this application. Applicant: Virginia Hill,LCSW 12418 SW 131st Avenue Tigard, OR 97223 Owner: Same as applicant Proposal Address: 12418 SW 131st Avenue Legal Description: WCTM 2S104AB,Tax Lot 8900 Zoning: R-25: Medium High-Density Residential District Approval Criteria: Community Development Code Chapter 18.742 What You Should Know About This Type II Proposal The proposed development requires a land use review. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Type II decisions are made by the Community Development Director after consideration of relevant evidence and public comments received during the open comment period. The decision will be mailed to the applicant and to owners of property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise entitled to a decision notice. The decision maker may: • Approve the proposal. • Approve the proposal with conditions. • Deny the proposal. All evidence considered in the decision will be contained in the public record and available for public review. If you would like to review this material, please schedule an appointment with Lina Smith, Assistant Planner at (503) 718-2438. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder, Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. R-4.5 (PD) Zoning Map Generalized Zoning Categories R-4.5 c z p a �o H /,,n!ne Descri 'on Z ^+ Residential ~ Mixed Use Residential .�acra+ MtSM 5T `� Mixed Use central Business District o R-25 M IICommercial ',Mixed Use Employment NI Y,... Industrial III Parts and Recreation BENISH ST EWashington County Inning sr• R-4.5 ❑ v Irl Zones W = I listoric District Overlay a z R-25 'syr Planned Development Overlay z z s Subiect Site BOUNEFF ST 7 5. 2 r— N R-4.5 MORNING Hill pp Wpprwaaoatwt+PP/on26Mprr t- o.r.ane-ro..w..0 rn.ares¢es ne rn.c.�crn wrrs.a n-ie.ri• ar u°. Dem �.or�`�w.'+`i• n y UMW.i t UCV5LU✓NL N I UEVAit!MIA I /3„4.,33R► J� ry0pis II'wlr�.n swa c1 y�i yi TIGARDOPs T. ez.,Snn ►gr.r !P 13 ! r ..v w t pard or pw City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 111111 Ili City of Tigard C COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Request for 500' Property Owner Notification „, Submit the completed form to the staff planner you are working with. Request forms are valid for three (3) months after the date processed. Staff planner you are working with: Lina Smith Project name: Virginia Hill, LCSW Company name: Virginia Hill, LCSW Contact person: Virginia Hill Phone: (503)890-1037 Email: virginiahilllcsw@gmail.com For EACH project parcel,list the map and tax lot number (12 alphanumeric characters,i.e. 1S134AB00100): 2S104AB08900 REQUEST FOR (only check one): Includes property owners within 500 feet and citywide interested parties ❑ NEIGHBORHOOD MEETING LABELS NOTIFICATION—ENVELOPES Land use case number: HOP2017-00035 ❑X Type II TWO sets of envelopes ❑ Type III or Type IV one set of envelopes FOR STAFF USE ONLY FOR STAFF USE ONLY #of sheets n S2.50/ea S Recipients: 138 g S0.16/ca 2 sets S 44.16 Generate list — — SI 1.00 Generate list: — — — $11.00 SUBTOTAL: $ 55.16 Postage: 138 @$0.49/ea 2 sets $ 135.24 TOTAL: S TOTAL: $ 190.40 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 Page 1 of 1 I:\Community Development\Land Use Applications\03_Admin Materials\Notifications\Property_Owner_Notification Rev.20170214 Area Notified (500 Ft) Ir graN1r —if----\ r1111111111 11111111 Virginia Hill, LCSW W f - H I FST HOP2017-00035 111111 on• I 2S104AB08900 111111 � a1N i r. 111111 tin .�Inn CHIMNEY RIDGE ST �_ irs � .ter �� Q >> 111111111111.11111 _ 111;8111WILLS PL"`�o �: iit lien 2 oat Volk_ 111 MINT* .• //z 4,„ Mit Riff Nevis aim 174grairst moil cower 1111 ier Subject Site 1111,',411":1111 `� ak,NvE ai Notification Area 1111.0.,BENISH STw W << cr Niijo � � � r Int qtr■ � .� ,� � a r 110r W • on- BOU 01111 NEFF ST 11 � 42, ■ ■ I33R �'41111111. w Ng - r> Q 111114:‘, Q�a� Property owner information is valid for 3rinted on this map. P i , q 'i ;II months from the date , VES ■ Map punted at 1024 AM on 19-Sep-1 . W4 L N u S T _ 111 11111111Tthe Development Services Divnbn. ��11 DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD _- MAKES NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE M'- CONTENT,ACCURACY TIMELINESS OR COMPLETENESS OF ANY OF 1 . 1111 THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO rfl 111111111111 H !' LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE me O � w INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. ,■, tr $011011111 N � Q �� CUMMUNIIY DEVELOPMENT DEPARTMENT ill : City of Tigard ■ Q a �� e 13125 SW Hall Blvd t flL ■ (+� VW Tigard,OR 97223 Feet w _ 503 639-4171 0 334 }� www.tigard-or.gov TIL,ARD 2S104AC10400 ALBERTSON,BARRY AGEE,KRIS T&JAMIE L 15445 SW 150TH AVE 12634 SW MORNING HILL DR TIGARD,OR 97224 TIGARD,OR 97223 2S104AC09100 2S 104AA 13200 ALLARD,ARTHUR B&TERESA L ALLISON,TIMOTHY D 13249 SW BOUNEFF ST 12470 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA12600 2S104AB12300 ANDERSON,PETER J&JENNIFER G ANDERSON,VICTORIA J 12380 SW 129TH AVE 13150 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10300 ATTN:DONNY LEE ARCE,JOHN P&ROSA SECTOR HOUSING OFFICER 12300 SW 132ND CT 2185 SE 12TH PLACE TIGARD,OR 97223 WARRENTON,OR 97146 2S 104AB 10000 BEACH,DAYLE D.&EVELYN O. AYOUB,WASSIM 11530 SW 72ND AVENUE 12374 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 11700 2S104AD02801 BEAN,CARL RICHARD&JANET H BEELER,BECKY 12385 SW MORNING HILL DR 12945 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 BEIL.KE,SUSAN BEILSTEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104AC07300 2S104AC09800 BERRY,MICHAEL S BLEDSOE,LAURA ELIZABETH 12679 SW MORNING HILL DR 13088 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08700 2S104AA12500 BOCHSLER,DONALD P&RUTH A BOLIN,JAMES W&CYNTHIA G 12446 SW 131ST AVE 12450 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA13400 BONILLA,NACIA/STASNY,JAMIE BOND,SUSAN R REVOCABLE LIVING T METROPOLITAN LAND GROUP,LLC BY BOND,SUSAN R TR 17933 NW EVERGREEN PARKWAY,SUITE 300 12410 SW 128TH AVE BEAVERTON,OR 97006 TIGARD,OR 97223 2S 104AC08300 2S 104AA 12800 BOWEN,GREGORY S&DEBORAH M REV BRADLEY,RICHARD J&FRANCES J LIVING TRUST 12485 SW 128TH AVE 12594 SW 131ST AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S104AB09300 BUEHNER,GRETCHEN BROWN,CHRISTOPHER A&HEIDI A PO BOX 230268 12326 SW 131ST AVE TIGARD,OR 97281 TIGARD,OR 97223 2S104AC08200 CAFFALL,REX BUTLER,TIMOTHY J&TINA D 13205 SW VILLAGE GLENN 12622 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09300 2S104AA12400 CAMPA,CRAIG S CANUTT,PAUL R&KAY M HAMILTON,MARY E 12470 SW 129TH AVE 13262 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08600 CAROL RENAUD CARMEL GROUP ENTERPRISES LLC COUNTY ADMINISTRATIVE OFFICE-COMMUNITY PO BOX 91002 ENGAGEMENT PORTLAND,OR 97291 254 N FIRST AVENUE MS20 HILLSBORO,OR 97124 CITY OF TIGARD 2S104AB11000 ATTN:LINA SMITH CLAVIJO-SUERO,SEBASTIAN 13125 SW HALL BLVD. TAYLOR,KELLY S TIGARD,OR 97223 12330 SW MORNING HILL DR TIGARD,OR 97223 CONNERY,STACY 2S104AC09900 12564 SW MAIN STREET CORKRAN,PATRICK N&MARGARET L TIGARD,OR 97223 12567 SW 131ST AVE TIGARD,OR 97223 CRAGHEAD,ALEXANDER DEFILIPPIS,VICTOR 12205 SW HALL BOULEVARD 13892 SW BRAYDON CT TIGARD,OR 97223-6210 TIGARD,OR 97224 2S104AA11300 2S 104AB 11900 DIGBY,JENNIFER DINDIA,STEVEN J&DIANA E 12375 SW 128TH AVE 12438 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB09700 2S104AD02400 DRUMMOND,GARY J&GLADYS T DURDEL,NICLAUS C 12367 SW 131ST AVE 12925 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AD04800 2S104AB09800 EASLEY,JOHN H&MARGARET M EDIGER,ERICA L&ROGER J 12923 SW WALNUT ST 13101 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC08400 ENGVALL,ANN ENFIELD-LEWIS FAMILY TRUST 15461 SW 82 PL BY ENFIELD,THOMAS&LEWIS,PEGGY T TIGARD,OR 97224 12568 SW 131 AVE TIGARD,OR 97223 2S104AC09000 2S104AC05100 ERNS'I'ER,EUGENE J&CARLA E FINNIGAN,DAVID M&MEGHANN L 13173 SW BOUNEFF ST 12743 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB02400 2S104AD02300 FINSETH,SARAH E FOERS I'ER,JAMES W&JO NELLE JOHNSON,CURTISS A 12535 SW 128TH AVE 12210 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC06600 2S104AC08100 FORSTNER FAMILY 2013 TRUST FREY,MARC A&ILEANA Y BY FORSTNER,FREDERICK C&ANDRA TR 12656 SW 131ST 12483 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 FROUDE,BEVERLY 2S104AC10600 12200 SW BULL MOUNTAIN ROAD FULITANO,JOHN A&BRIDGET K TIGARD,OR 97224 12594 SW MORNING HILL DR TIGARD,OR 97223 2S104AC06700 2S104AB09000 GABEL LIVING TRUST GISMONDI,MICHAEL E JR LIVING TR 12517 SW MORNING HILL DR BY GISMONDI,MICHAEL E JR& TIGARD,OR 97223 GISMONDI,BERNARD TRS 24046 AMES ST TAYLOR,MI 48180 2S104AC08500 HADLEY,BONNIE CHAIR CPO 4B GRODEM,ERIN E&WADE B 16200 SW PACIFIC HWY SUITE H BOX 242 12520 SW 131ST AVE TIGARD,OR 97224 TIGARD,OR 97223 2S104AC08800 HAMILTON,LISA CPO 4B VICE CHAIR HAFER,JEROD R 13565 SW BEEF BEND ROAD 13097 SW BOUNEFF ST TIGARD,OR 97224 TIGARD,OR 97223 2S104AB11600 2S104AC10100 HANEL,ROBERT R&JULIANNE HARRIS,SHAWN R&JILL M 13274 SW BENISH ST 12655 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 HERING,J.BLAKE. 2S104AB10900 NORRIS BEGGS&SIMPSON HERST,PATRICIA A TRUST 121 SW MORRISON,SUITE 200 12741 SW BARBERRY DR PORTLAND,OR 97204 BEAVERTON,OR 97008 2S104AB09500 2S104AB08900 HIGGINS,KEVIN&KIM HILL,VIRGINIA ANN 12303 SW 131ST AVE 12418 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA13500 2S104AB12400 HJORTH,RAMONA C HOF LIVING TRUST 12360 SW 128TH 13116 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 HOGAN,KEVIN 2S104AB09200 14357 SW 133RD AVENUE HOPKINS,MARC W&DENISE S TIGARD,OR 97224 12354 SW 131ST AVE TIGARD,OR 97223 2S104AB09900 2S 104AB 10700 HOWLAND,RUTH J REVOCABLE TRUST HUGHES,DENNIS S&IRENE B BY HOWLAND,RUTH J TR 13227 SW BENISH ST 13145 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 25104AB 12100 JOHNSON,ROBERT D JOHNSON,STEVEN W&BEVERLY J 12466 SW MORNING HILL DR 13234 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 KEERINS,PATRICIA 2S104AA12300 15677 SW OREGON ST.APT 209 KEMPTER,ROBERT W JR AND TIGARD,OR 97140 LYNN D 12480 SW 129TH TIGARD,OR 97223 2S104AA12000 2S104AC09600 KIERNAN,JILL ANN KIM,JOO W&DONG ON 12495 SW 129TH AVE 13156 SW BOUNEFF TIGARD,OR 97223 TIGARD,OR 97223 KIMMEL,DAVID KNAPP,MONA 1335 SW 66TH SUITE 201 9600 SW FREWING STREET PORTLAND,OR 97225 TIGARD,OR 97223 2S104AB02500 2S104AB09100 KRUSE,MICHAEL RAY&TT RIANN KUTCH,PATRICK&FUMIKO 12220 SW MORNING HILL DR 8720 SW SUFFOLK CT TIGARD,OR 97223 BEAVERTON,OR 97008 LISA HAMILTON CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S104AC06500 2S 104AA 12900 MAJORS,JERUSHA NICHOLE MATTHEWS,BRIAN&ANNE-MARIE 12449 SW MORNING HILL DR 12515 SW 128TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12000 MILDREN,GENE MCMILLAN,D SCOTT MILDREN DESIGN GROUP MCMILLAN,ROBERT D 7650 SW BEVELAND ST,STE 120 12416 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 10800 2S 104AB 11800 MOHAMMADY,MARZIA MOORE,THOMAS E&CAROLYN J 13263 SW BENISH ST 12427 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11600 2S 104AA 12100 MORGAN,DANIEL G&MARTHA W MORRISON,SAMUEL P 12435 SW 129TH AVE 12505 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC10500 MURDOCK,NATHAN AND ANN MULYAR,TATYANA 7415 SW SPRUCE STREET 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN.GM 2S104AB10400 MEADOWS INC REALTORS NELSON,RONALD A&NANCY A 12655 SW NORTH DAKOTA STREET 12321 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 NEWTH,PATTY 2S104AC09700 12180 SW MERESTONE COURT NGUYEN,JOHN QUAN&LISA SON TIGARD,OR 97223 13122 SW BOUNEFF TIGARD,OR 97223 2S104AA11500 2S104AB05600 NGUYEN,NGA BICH NICHOLAS,CYNTHIA J CHUNG,VAN KHANH 12279 SW 131ST AVE 12415 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AB 10200 2S104AB05700 NUNN,JEFF&HANNAH OYLER,ALLEN&GERALEE 12334 SW 132ND CT 12288 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 104AC10200 2S 104AA 13300 PALADICHUK,KATHERINE MARY&BRI PAUL,MATTHEW S 12662 SW MORNING HILL DR CHRIS'1'ENSEN,DAWN TIGARD,OR 97223 PO BOX 25067 PORTLAND,OR 97298 2S 104AA 11200 multiple:2S104AD02800 to 2S 104AD04600 PEZZOTTI,DORIS&JEFFREY PHAM,HAO D 12345 SW 128TH AVE NGUYEN,LAI T TIGARD,OR 97223 16144 NW GILLIHAN RD PORTLAND,OR 97231 2S104AB02600 2S 104AA11700 PIERSON,JEFFREY M&MARISSA PODOLSKI,DANIEL 12232 SW MORNING HILL DR 12445 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05400 ROGERS,KATE ROBISON,ERIC S&PAMELA R 9527 SW BROOKLYN LN 12235 SW 131ST AVE TIGARD,OR,97224 TIGARD,OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 2S104AA11100 2S104AC10300 RUSSELL,JAMES JOSEPH SANCHEZ,KARL G&DEBBIE R 12305 SW 128TH AVE 12650 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 25104AC08900 2S 104AA 12200 SAUER,DAVID E&JULIE E SCHRADER,MARCUS J&ROBERTA L 13141 SW BOUNEFF ST 12490 SW 129TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11800 2S104AC10000 SELLMAN,KIRK&EILEEN TRUST SKOPIL,JOSHUA&KELLY 12465 SW 129TH AVE 12619 SW 131ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AA11900 SPRING,BRAD SMITH,DORIS J REV LIV TRUST 7555 SW SPRUCE STREET BY SMITH,DORIS J TR TIGARD,OR 97223 12475 SW 129TH AVE TIGARD,OR 97223 STALZER,CHARLIE AND LARIE 2S104AB09600 14781 SW JULIET TERRACE STONER,JONATHAN C&DEBRA S TIGARD,OR 97224 12345 SW 131ST AVE TIGARD,OR 97223 SUNDBERG,ROSS 2S 104AB 10600 16382 SW 104TH AVE SW 132ND COURT LLC TIGARD,OR 97224 12365 SW 132ND CT TIGARD,OR 97223 2S 104AB 10100 2S 104AC09400 SYKES,DALE E THOMAS,BRIAN D&KATHLEEN M B 12356 SW 132ND CT 13234 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB05800 2S104AC09500 TILLOTSON,JASON P&CARRIE J TURNER,MICHAEL W&SUSAN G 12274 SW 131ST AVE 13180 SW BOUNEFF ST TIGARD,OR 97223 TIGARD,OR 97223 2S 104AC05000 2S 104AC07400 VALUSEK,LUCIUS VANVLEET,RYAN 12721 SW 131ST AVE MAGARO,MONIQUE TIGARD,OR 97223 12695 SW MORNING HILL DR TIGARD,OR 97223 2S104AA12700 2S104AB09400 VORHIS,GALE WASHBURN,JAMES R MERLIN-MATHEWS,JULIE 12310 SW 131ST PO BOX 2416 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 WEGENER,BRIAN multiple:2S104AA00102 to 2S 104AB 12500 9830 SW KIMBERLY DRIVE WETLANDS CONSERVANCY INC,THE TIGARD,OR 97224 4640 SW MACADAM AVE,STE 50 PORTLAND,OR 97239 2S 104AA 11400 2S 104AC08000 WHITE,BURTON D REVOCABLE LIVING WILLIAMS,CRAIG A 12395 SW 129TH AVE SWEDA,GARY L TIGARD,OR 97223 12698 SW MORNING HILL CT TIGARD,OR 97223 2S104AB12200 2S104AB05500 WU,FRANK& YANG,YING-CHIEH&SHU-CHIN LIU,LI-PING 12257 SW 131ST ST 13192 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AB10500 multiple:2S104AA00105 to 2S104AB05900 YOUNG,PATRICIA A ZAFARABADI,GHOLAMHASSAN HINZE,DONALD J 12242 SW 131ST AVE 12343 SW 132ND CT TIGARD,OR 97223 TIGARD,OR 97223 111141u TIGARD City of Tigard September 26,2017 Virginia Hill,LCSW 12418 SW 131st Avenue Tigard,OR 97223 Project: Virginia Hill, LCSW Site: 12418 SW 131"Avenue;WCTM 2S104AB,Tax Lot 8900 Land Use File: HUP2017-00035 Dear Property Owner(s): Please be advised that the above referenced land use application has been deemed complete as of September 26, 2017 in accordance with Tigard's submittal requirements and Oregon Revised Statutes 227.178. The 120-day deadline by which the City must reach a final decision on this application is January 24,2018. If you decide to withdraw your application before a decision is rendered, please be aware that application fees may not be fully refundable. Please feel free to contact me at (503) 718-2438 or LinaCS@a,tigard-or.gov should you have any questions. Sincerely, • �J�--•-: _�/d_�" Lina Smith Assistant Planner Copy: HOP2017-00035 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov ... •.,1,k4. City of Tigard . ..r '.....c.;.4.3".....,7::,.47.21:- - :re.0,.. . ..•• 4: U.S.POSTAGE>>PITNEY eowEs . ••F 1 . : ?„,,,,,,.:4,..,.:, ::/:•.' , C..Li •.10 ..... "C.: :1:: 0 iplAtiL,A=1,••1„:", ,,.:,,./. 1111 "lar .N .-.., ei , --7--....v.zamaiw.„--2, . I.: 13125 SVC/ Hall 131vd. ...... :'p.1 r...;_:•. 1 3 k ”: 97223 $ 000 470 TIGARD Tigard, Oregon 97223 • : "..*16-- • - 0000336894 FEB 22 2018 CD/Lina BEILSTEIN, ET.TEN 14630 SW 139TH AVE TIGARD, OR 97224 ?ii - t: F OR WARD TIME EXP RTS TO SEND i 3E11-STEIN E L E"NI 32 TAL AVF.:R.A. RDC- APT B 3 1AN :A.Ti;-1"fa NI-a.-U .--4• RgTliRt4 TA SENDER I 97 74..a.-t..-1-7-::4-•t4.i,‘.-7".4.1...71.::::4)74 J.,,..1.1.....t.t.w.....t.i.11.,1.,A.,...1...v.w_r,q,1.1.:ci.t.1.1.1..,1 ii.19.,1.1.9.1.4.wi i i •-•• -- - - _- - 111••••-• b.... 7,*at •- -•ilk City of Tigard k. •V:14..i, U.S.POSTAGE)", PITNEY BOWES 111111 " E5 ' . 13125 SW Hall Blvd. " •• — vie • Lt. fr.'• • •.,t ZIP 97223 $ 000 47° TIGARD Tigard, Oregon 97223 .wet•ir 02 4n • MG • 0000336894 FEB 22 2018 CD/Lina CITY OF TIGARD ATTN: LINA SMITH 13125 SW HALL BLVD. TIGARD, OR 97223 _ r,„,1/4""it: ‘"1:i ;O.Itti " 4't1.1. City of Tigard •%•.!. U.S.POSTAGE*PITNEY BOWES 7 33:4 ifj :111 I. 13125 SW Hall Blvd. " .<1111111110:41 11111111111 f Armumii ..aarraclasair 141 " TIGARD Tigard, Oregon 97223 ZIP 97223 )1- 117 02 4r1 $ 000 460 •-•• 0000336894 JAN 17 2018 CD/LS BEILSTEIN, ELIIN 14630 SW 139TH AVE TIGARD, OR 97224 f ti F OR WARD TIME EX? RTN TO SEND SEILSTEIN IELL'EN 1R107, TAt R.nr; APT SANPiN T.ON1..1 0 TX 7S2 5 7 -2E2 Fs RETURN TO SENDER ze-so 1 , 1%-• ,P9::IRTLANC:4 • • '5: • •• City of Tigard ;•41.: U.S.POSTAGE'b PITNEY BOWES .1:77 _..141\4' a or' . 13125 SW Hall Blvd. P1,1 4 1.. • —pe• - IOC fOr -inlyfr• Naugiaue...••••0'Alic•-•••••LAdV • • • .;11a ZIP TIGARD Tigard, Oregon 97223 02 4VN 97223 $ 000.46° 0000336894 JAN 17 2018 CD/LS CITY OF TIGARD ATTN: LINA SMITH 13125 SW HALL BLVD. TIGARD, OR 97223 r • t PORTi.ANn City of Tigard OR 9.70 1.1:4; U S POSTAGE)*PITNEY sowEs 1111 : ' L'YE-C )17 • 13125 SW Hall Blvd. ZIP 97 TIGARD Tigard, Oregon 97223 223 $ 000.460 02 4V1I .n: 0000336894 DEC 04 2017 CD/LS 2S104AB09100 KUTCH, PATRICK& FUMIKO 8720 SW SUFFOLK CT BE:-----" t's1 IXIE 97 r- E 1 0012 ,1 e / 7 RETURN TO SENDER UTF SC: 9722311167S3 ' 122S- 1.2456-84- 45 97i2iErilii,-4526:11 20 City of Tigard •• •x;4`. U.S.POSTAGE>)PITNEY BOWES 13125 SW Hall Blvd. 1.� ZIP 97223 $ 000.460 TIGARD Tigard, Oregon 97223 R +x: 02 4P1 • 1' � 0000336894 DEC 04 2017 CD/LS CITY OF TIGARD ATTN: LINA SMITH 13125 SW HALL BLVD. TIGARD, OR 97223 72-3 n--P i Cic—= =tZ _.. ;-*`-;-1,f k RV---"..i Vs.-,'.:LIL.........___ ___ - .-, ,,-___________ _ --- ______ MO EOWES City of Tigard _.... .—.._ „... '''' ' 11°4 I - -'"7 iiiigiV ;11161i- ititiW Iiit;;P: Yr11.1 U.S.POSTAGE . ' . M "*.• ir sip- : ti 4 ..,,,--c„,&.,, ...........1 ". 13125 SW Hall Blvd. -.,14.6 ,.& A • - x TIGARD Tigard, Oregon 97223 j.... ... ZIP 97223 $ 000.46° /rAva..,..4 -in 02 4P1 • ' % 0000336 894 SEP 28 2017 CD/LS 2S104AB09100 KUTCH, PATRICK & FUMIKO 8720 SW SUFFOLK CT BF A A 7E'DTCYKT rAn ci-7nna, - , 84. , , .^ ZSIZ I II ''17 R E TU F.N TO 5 E.N DE F. N OT . r..`, .:' , . ftt..S.' kc DDRSSO, i a wfw 3C: 9722331679S '1.3 ,73-01.0 4e- 2S-3S g '37 Caiiielliiii 111111111111101M11111111111111111111tillicii111111011Aillitil - _ ,:-•••...vz,. ,,_ ;v•.• • ;-•-. ••••,._. =-''.....- -VI tSS•2;VP:. ,"-- - ••-:1::: •••,,••'---••:-:-:••• •1`.4.-^it.7.----//if>,.;•••.... _ :."0 .....- ___ ---,... q:7,.. L' 4',1 i:'. '''''' A'\--eI.! City of Tigard 13125 SW Hall Blvd. 11114 .,....4r,-.. _:-.g.....,..... - ,--,-.4--, v :6,4--;t ,.......,...:, ,:....y...... .,,. k.rt:r, ..:24.41: U.S POSTAGE , PITNEY BOWES i - ‹* :1.4 id, if.--=,-- - --,,,,---------, -.5.01,... • dr.J hx,'''":';' • 4 v.. • .• • Ni 4 i -----.........-......k.....•t•g..••v TIGARD Tigard, Oregon 97223 • ... ZIP 97223 0 ": 0 4A $ 000.460 ,..• ..- - ': 0000336894 SEP 28 2017 CD/LS CITY OF TIGARD ATTN: LINA SMITH 13125 SW HALL BLVD. TIGARD, OR 97223 •• • ...7.1 (.-....•.-:—?4,11.•:::I•-:•-•:•-c iiiiiiiii'lliiniTiiiiiiiinildilkilli"iliblii"Piinil ` J �I Cly 0 'I City of Tigard RECEIVED COMMUNITY DEVELOPMENT DEPARTMENT DEC 19 2017 . . Land Use Decision Appeal FTIGARD NEERIN I The City of Tigard supports citizen's right to participate in local REQUIRED SUBMITTAL government.The Tigard Community Development Code,therefore, ELEMENTS sets out specific requirements for filing appeals on certain land use decisions. Filing Fee Narrative (address criteria 18.710.090) Property address/location(s): OOP 2011. - DDQ? S i 2 41 `i Ave_ FOR STAFF t SI, ONLY A2.n CR (11l23 Case No.(s): ttoPea-Or9.—Mc--- Deadline of appeal: S P;"l Dlu �tMBEFP q '201-1 C-E Case Name(s): V/(T/ink/ Th'// keVO Interest in proposal (applicant, neighbor, etc.): NiE lGwR 17/(T Related Case No.(s): Appeal fee: 5/CR. Date decision final: 1- Ai Notice of final decision: /QE APPELANT'S 1 Name: 14 E i b I U 2 f3\ti ti ►�'�1 .. II Director's Decision to OPC: Q//Q//66 Business: Address: 12326 s + sT AVE ❑ HO/PC to City Council: City/state: � 1 f;Li ARC) ) Zip: `"E -7.23 Application accepted: q L. JJ A J -, - By: h.S Date: /Qh 1/ Ph#:51:3 '�1 1 121 , Email:h.brown 2011 e hetrvic61 _C0M I:\Community Development\Land Use Applications\02_Forms and Templates\Land Use Applications 1?P.. 17/14/9017 Please indicate specific reasons for appeal or review: • Bt.0" S OLL-k5'td.t. Oi-)de L' awPDse Witt- C'_S-1701 I,sptie d i n chainl ..T-12.v ►G Sa `.eJ Vi cry A.1. 2 - 'gust Il ss 0s 11 Di rrrne_e_+ Qc £k (_.r`� icrto Bt Ckich 1 ,1I.12.DLcaO Susise.C_LiUn *$3 tn hL slY1e`JS CALL L' 'L SS. 3- 1 tYs t ff-Ze‘‘e��i- t esti-i d i c n s r'4J1 rrce Pro voce c.l S l vless Clnd mcLA rvt"i r I +Y iJc lLal-lhoRHODb. . LUUOL //EWi A2 )h1A/ 12- I - ' Appellant's signature Print name and title Date City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 1 Attention: Director of Community Development City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: APPEAL OF TYPE II DECISION HOME OCCUPATION PERMIT HOP2017-00035 VIRGINIA HILL, LCSW; 12418 SW 131ST AVE,TIGARD, OR 97223 APPROVED DECEMBER 4, 2017 I, Heidi Brown, have received written notice of the Type II administrative decision Approving Home Occupation Permit#HOP2017-00035 on December 4, 2017. In addition I participated in the proceeding through the submission of written testimony dated October 11, 2017 (see attached) and therefore have standing to appeal. There are three (3) primary issues I would like to addresss in this appeal, beginning with my concern that this business falls outside the Purpose criteria established in the Community Development Code Section 18.742.010 Subsection A 1. I have added bold italics to emphasize specific areas of concern. The Code reads as follows: 18.742.010 Purpose A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; Note:Virginia Hill has identified in her response letter dated November 13, 2017, "In addition and completely separate from working for Compass Oncology, I am a sole proprietor of a small part-time private counseling practice. I have had my counseling practice for the past 9 years. I provide counseling services only 3 days a week seeing between 10 and 16 clients in a week...I am a sole practitioner and I do not have any employees." In fact Virginia has an established business license since 2011 with the City of Beaverton and practices at 4900 SW Griffith Dr, Suite 163, Beaverton, OR 97005. Using her home is not an established need for sustainability; She has already established a sustainable business outside her home. I hereby appeal the City's approval of this counseling service in our residential neighborhood on the grounds that this business is outside the scope of"Purpose" established by the City and its' intention to promote establishment of small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters. 1 With it's existing sustainability, there is no inherent need to establish the business in this location and draw additional traffic and strangers into a neighborhood setting. Several neighbors voiced there concerns over the impacts of traffic and concerns for safety along with the perception that a residential neighborhood was not the appropriate location for this type of business during the proceedings. Subsection 2 further states, It is the purpose of this chapter to: 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. The criteria for this second isssue is specifically established in section 18.742.060 Permit Procedures for Type I &Type II Home Occupations Subsection B3, which states: 18.742.060 Permit Procedures for Type I and Type II Home Occupations B. Type II home occupation permit. A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040, after a demonstration that the proposal complies with all development criteria in Sections 18.742.040 and 18.742.050.6 and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. With regard to subsection 63, the NOTICE OF TYPE II DECISION FOR HOME OCCUPATION PERMIT HOP2017-00035 SECTION V. APPLICABLE REVIEW CRITERIA& FINDINGS specifies, "All activities associated with this home occupation will be conducted indoors, within the primary residence (an existing detached, single-family dwelling). The applicant states the business will operate only three days a week, and clients will be seen by appointment only, between the hours of 8 a.m. to 8 p.m. Therefore, this proposed home occupation will not be detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. This criterion is met." I appeal this decision of criterion being met based on the premise that the business is actually detrimental and disruptive to neighboring properties and residents. The city has not acknowledged the invasion of privacy and negative impact to the livability of the residents located directly north (adjacent)to this property. Let me clarify, It is not the business itself, but rather the access to the business that is an immediate problem. The applicant plans to have clients access her business via a pathway located at the north side of her driveway which leads to the basement of her residence. She briefly made reference to this in her Proposed Project Summary which stated, " An existing walkway was improved along the garage side of the house with a railing added for safety. A window was changed to a door for ease in accesssing the daylight basement." Subsequently, in the applicant's response letter she noted, " I will offer a 2 professional setting with a separate entrance to my private office..." While it is private access from her stand point as the resident, this will draw clients between the two houses to gain access to the business. Please note, there is no fence separating these two properties. In addition, the house to the north has an elevated deck that is exposed to this foot traffic on the ground. People walking the path to the business can look straight up to the neighbors barbequing or relaxing on their deck and people on the deck will be frequently exposed to the strangers accessing the business. This also impacts exposure in the front and backyards of the house. There is a direct infringement of privacy as a result of this access point to the proposed counseling business. In addition to impacting the adjacent residence, it also impacts the surrounding neighbors in that this would established strangers walking between the houses on a regular basis. This is not the "norm" for a neighborhood, and one can no longer discern who actually belongs and who does not thus creating discomfort. This is further exacerbated by the fact that the applicant does not have established days of operation. Safety is an added concern having strangers between houses in the dark of night. This also impacts the dog who resides in the adjacent house. A dogs job is to protect and alert his owner to strangers. There will no doubt be additional distress and barking, on a regular basis which has the potential to impact many neighbors in the surrounding area. This access is intended to be the primary business access for the life of the business. Furthermore, by allowing this accesses between houses it sets a presidence in the neighborhood for other houses of similar structure should they wish to persue a residential business in their basement. My third issue for appeal is in relation to the lack of restrictions set forth by the City. The City did not provide any level of reassurance for the proposed business criteria to be enforced other than that pertaining to parking accommodations. In fact the Assistant Planner, Lina Smith, confirmed with me that the applicant is only bound by the City Code and the additional condition of approval that requires all client parking be accommodated on site. This means regardless of intent, according to code the applicant can practice any day, Monday through Sunday, 6 clients a day between the hours of 8 a.m.-10 p.m., she can have one employee, have a sign, and there are no parameters on the type of counseling. The 20 written comments regarding this application from neighboring property owners had very valid concerns with regard to increased traffic, safety, hours/days of operation, impacts to privacy, livability& property value. The City only enforced restrictions to ensure the street right-of-way would remain free of client vehicles. The City did not set any further limitations to secure the livability of the neighborhood. The City merely provided a response from the applicant but the applicant's intent is not enforceable. Additionally, the applicant stated "There is normal traffic coming to our neighborhood with extended families and friends visiting. It will not appear any different at my home when family and friends are visiting or clients." I profoundly object! Given the situation for access between houses there is an astounding difference...Family and Friends will be entering through the front door the way a house is intended to be entered. Clients will be funneled between the houses and infringe upon privacy of the neighboring residents; the impacts of this are significant. It is my hope that the details in this appeal clarify the concerns that were previously raised by myself and others during the comment period. 3 3 On a final note, I would like to draw attention to the need for "correction" to information provided in the NOTICE OF TYPE II DECISION FOR HOME OCCUPATION PERMIT HOP2017-00035, SECTION III BACKGROUND INFORMATION & PROJECT DESCRIPTION The very last sentence of the paragraph titled Site Information: references the significant wetland being the adjacent property to the west of the applicant's address; please note, the wetland is actually the adjacent property located to the east . Hopefully this helps in better understanding the property layout. I appreciate your time to review this appeal and allow the concerns to be addressed through the appeals process. Respectfully, Heidi Brown 12326 SW 131st Ave Tigard, OR 97223 4 October 11, 2017 Attn: Lina Smith, Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97225 RE: Case ID Number: HOP2017-00035; Concerns pertaining to Application for Type II Home Occupation at: 12418 SW 131st Avenue, Tigard, OR 97223. As a resident I have lived in this neighborhood for 21 years. I know each neighbor on 131st Avenue from Bouneff Street to Chimney Ridge and beyond. We live in a unique community where the neighbors have strong connections, we have built relationships, the children play together freely in the street, and we each look out for one another and take pride in maintaining the livability of the area. I am concerned that approving a business that draws people into this residential area will have detrimental impacts. Traffic will increase, on street parking will expand, people who we do not know will be coming and going, and as a result of these elements the safety of our children will be compromised. The livability and desirability of the neighborhood will decline and eventually the valuation of our properties will decrease. There is a strong kid presence in our neighborhood. Go the distance of 4 houses in each direction of this proposed business residence and you will add up more than a dozen children who live within the proximity. There are 10 children ages 5-10 that catch the bus across the street from this residence each morning and then return to this bus stop each afternoon. The neighborhood children play outside daily; roller blading, biking, playing street hockey and basketball. The kids are concerned that their ability to play basketball at the hoop across the street will be limited due to increased parking. Safety and the general welfare of these children is y biggest concern. I worry that increased vehicle traffic and drawing in strangers with uncertain backgrounds will be detrimental to the well-being of the overall neighborhood. I am concerned for the immediate impacts. The proposal is to provide in home counseling services, with a maximum of six (6) daily clients. Hypothetically, bringing in 6 clients 5 days a week means an influx of 30+ potential strangers each week into our residential neighborhood. People who's mental/emotional state is uncertain, who are in need of counseling. Clientele that is ever changing, creating foot traffic between houses as they walk to the backyard to access the business. Taking away from the privacy of those living here and reducing the marketability of our homes. I have concerns for the uncertainty of what this influx brings. Potential for clients to be speeding in our neighborhood because they are late to their appointment. If early, will they by hanging out curbside smoking/vaping in an effort to calm themselves before proceding to their counseling session. Will they have a person who drives them to their appointment, and rather than sitting inside the business prefers to remain in their car waiting for the duration of the counseling session thus deminishing the comfort level of our neighborhood environment? In addition, I have many unanswered questions: • What type of counseling is taking place? Who's to say the clientele won't change in the future? (As a resident how can I tell if it is Marital counseling, Rehabilitation counseling, Mental Health counseling or Substance Abuse counseling?) • Is there any dispensing/use of drugs/medications in conjunction with these counseling services? If so what & how is such medication being used/dispensed/managed? • What are the hours & days of operation? • Will there be additional employees on site? • Are these individual or group counseling sessions? (From what info I have found, the applicant: Virginia Hill, LCSW; currently practices at Compass Oncology and information indicates she facilitates group meetings and provides support for patients and families; will this level of business be maintained?). • How much traffic/increased parking will be allowed in the neighborhood? (Accounting for overlap in arrival/departure of clients presumably during any given hour there could be 2 client vehicles plus a potential 3rd if there is an onsite employee; client vehicles could increase if group/family counseling is implemented) These are in addition to any vehicles belonging to the homeowner and occupants. • Are there restrictions to make sure the business doesn't transform into something different or more expansive than initially intended? • What kind of signage will be displayed? How will it look/change the feel of the neighborhood? • What kind of presidence is being set for similar businesses to establish within surrounding residences? I would appreciate answers to these questions, but please realize my position on this proposal will remain unchanged. There is a difference between running a "no impact" business vs. running a business that draws clientele into a neighborhood. I strongly feel this neighborhood is not the proper location for implementing such a business; the impacts are too great. This is an established Residential area made up of single family dwellings, constructed for the purpose of housing families. The houses and properties were not intended for business use. I do not want to give up our privacy, have people coming and going daily, and feel compromised because of one person's desire to run a private practice business out of their home. While the Applicant is seeking personal gains, the Resident's will experience personal losses. The Applicant has only lived in this neighborhood for a few months. She now wants to impose a home business that will change the dynamics of this neighborhood forever. As homeowners, we have the right to enjoy living in our homes, interacting comfortably with our neighbors, and experiencing the satisfaction of watching our children play, and grow and feel safe in the neighborhood they live in. For 21 years I have contributed to maintaining the livability of our neighborhood. I value the nature, peacefulness and feeling of security our neighborhood offers. I do not want to see my neighborhood transformed into a business community. Thank you for considering these concerns as you move forward with your decision making process. Sincerely, Heidi Brown, Home Owner 12326 SW 131st Avenue Tigard, Oregon 97223 RECEIVED City of Tigard SEP 19 Z017 IIICOMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Master Ld Application PNNING/ENGINEERING anTIGARDUse LAND USE APPLICATION TYPE ❑ Adjustment/Variance (II) ❑ Minor Land Partition (II) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Conditional Use (III) ❑ Sensitive Land Review(II or III) ❑ Development Code Amendment (IV) ❑ Site Development Review (II) ❑ Downtown Design Review(II,III) ❑ Subdivision (II or III) ❑ Historic Overlay (II or III) ❑ Zone Change (III) XHome Occupation (II) ❑ Zone Change Annexation (IV) NOTE: For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) —1-11fe_ f1 (A-e QLaL & PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): / 9 ( s• Sc,J ) zj I st _ /I 0 G.,Y" Tax maps and tax lot #s: -- 1C /lA 0 0906 Com Total site size: . I Zoning classification: (c)---,2c— FOR c —,2c—FOR STAFF USE ONLY APPLICANT INFORMATION , n 19 Z 0 ci - Do n3s f ft1 J ' Case No.: Name: I r ►r1-t Ck Related Case No.(s): Mailing address. I a. f Sum I ( �j� J C1 7 22 Application Fee: City/state: l I �}a O i Zip: Ll �� �q o j O Application ac epted: Phone number: ! /y� 9/19/11 / ffBy: I ► 1 Date: Primary contact name: U I rtia +t). f I �p 9 0 (v 7 Application determined complete: Phone number: _I r 1/11 ( 11 � _______97kg�l Email: 0 t n) cz. L �jlr� 4 . c-D`TY\ By: Date: 7-. I:\CURPLN\Masters\Land Use Applications Rev.11/25/2014 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Mailing address: City/state: Zip: Phone: Email: When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). Applicant's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIG ATURES of each owner of the subject property required or or /4,04 \h-q-4iCA11 l 9( 19 ( 7 Owner' `s gnature Print nan4 Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 RECORDING REQUESTED BY: Lawyers Title 6000 Meadows Rd, Ste 100 Lake Oswego, OR 97035 GRANTOR'S NAME: Gary S. Catalano and Diana L. Catalano r- I A ," 1\,1 D fti i.-.P b '/E D GRANTEES NAME: 'cL----12/11-4-4.1)V Virginia Ann Hill AFTER RECORDING RETURN TO: Order No.: 871700640-SW Virginia Ann Hill 12418 SW 131st Avenue Tigard, OR 97223 SEND TAX STATEMENTS TO: Virginia Ann Hill 12418 SW 131st Avenue Tigard, OR 97223 APN: R2001687 12418 SW 131st Avenue,Tigard, OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATUTORY WARRANTY DEED Gary S. Catalano and Diana L. Catalano, Grantor, conveys and warrants to Virginia Ann Hill, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon: Lot 118, MORNING HILL NO. 6, in the City of Tigard, County of Washington and State of Oregon. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FOUR HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($469,900.00). (See ORS 93.030). Subject to: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Deed(Statutory Warranty) ORD1293.doc/Updated: 02.08.17 Page 1 OR-LT-FXEB-01060.474578-871700640 STATUTORY WARRANTY DEED (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below. Dated: `4f/3 /l if j or, , Gary/ Catalano Lii Diana L. Cat. ano State of 0/42' County of �� e,e This instrument was acknowledged before me onr,% /3 .�� Catalano. _ by Gary S. Catalano and Diana L. • Kdo//9 • ary Public- State of •'regori cull; OFFICIALSTA�p HELLELY(LN�My Commission Expires: � Z.� NOTARY PIIaL1c-O ELlA�S COMMISSION NO:927658 MY COMMISSION pIREs APRIL 22,2 018 Deed(Statutory Warranty) ORD1293.doc/Updated: 02.08.17 Page 2 OR-LT-FXE B-01060.474578-871700640 Lawyers Title of Oregon, LLC 6000 Meadows Rd,Ste 100, Lake Oswego,OR 97035 Phone:(503)968-1082 I FAX:(503)968-1852 BUYER'S STATEMENT Settlement Date: April 14,2017 Escrow Number: 871700640 Disbursement Date: April 14,2017 Escrow Officer: Shelley Williams Buyer: Virginia Ann Hill 2565 Bree Court Lake Oswego,OR 97034 Seller: Gary S.Catalano and Diana L.Catalano 12418 SW 131st Avenue Tigard,OR 97223 Property: 12418 SW 131st Avenue Tigard,OR 97223 Lender: Directors Mortgage Inc. ISAOA 4550 SW Kruse Way,Ste 275 Lake Oswego,OR 97035 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION Sale Price of Property 469,900.00 Deposit or earnest money 5,000.00 Loan Amount Directors Mortgage Inc.ISAOA 244,900.00 Seller Credit 3,600.00 PRORATIONS/ADJUSTMENTS County Taxes at$5,476.37 04/14/17 to 07/01/17 ($5,476.37/365 X 78 days) 1,170.29 Seller rent @ piti x 14 806.82 NEW LOAN CHARGES-Directors Mortgage Inc.ISAOA Total Loan Charges:$1,528.03 Lender Credits Directors Mortgage Inc.ISAOA 2,142.88 0.875%of Loan Amount(Points) Directors Mortgage Inc.ISAOA 2,142.88 Underwriting fee Directors Mortgage Inc.ISAOA 895.00 Appraisal fee Directors Mortgage Inc. ISAOA $745.00 paid outside closing by Buyer Credit report Directors Mortgage Inc.1SAOA 40.00 Flood cert Directors Mortgage Inc.ISAOA 16.00 Tax service Directors Mortgage Inc.ISAOA 78.00 Prepaid Interest 499.03 $29.35450 per day from 04/14/17 to 05/01/17 Directors Mortgage Inc.ISAOA TITLE&ESCROW CHARGES Title-E-Recording Fee Lawyers Title of Oregon,LLC 10.00 Title-Escrow Fee Lawyers Title of Oregon,LLC 735.00 Title-Lender's Title Insurance Lawyers Title of Oregon,LLC 344.00 Title-Mobile Signer Fee 175.00 OTIRO 205.1-06-Planned Unit Lawyers Title of Oregon,LLC 50.00 Development(ALTA 5.1-06) OTIRO 209.10-06-Restrictions, Lawyers Title of Oregon,LLC 100.00 Encroachments,Minerals-Current Violations(ALTA 9.10-06) Policies to be issued: Loan Policy Coverage: $244,900.00 Premium:$344.00 Version: ALTA Loan Policy 2006 RECORDING CHARGES Recording Fees Lawyers Title of Oregon,LLC 242.00 Deed $51.00 Mortgage/Deed of Trust $191.00 Washington County Transfer tax Lawyers Title of Oregon,LLC 235.00 ($470.00) MISCELLANEOUS CHARGES Homeowner's Insurance Premium 887.00 Page 1 of 2 (871700640/53)April 14,2017 9:24 AM P BUYER'S STATEMENT- Continued Subtotals 477,519.20 256,449.70 Balance Due FROM Buyer 221,069.50 TOTALS 477,519.20 477,519.20 I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the Settlement Statement. BUYER: Virgini nn Hill I have caused or will cause the funds to be disbursed in accordance with the Statement which I have prepared. To the best of my knowledge,the Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. Lawyers Title of Oregon,LLC Settlement Agent Page 2 of 2 (871700640/53)April 14,2017 9:24 AM P RECEIVED November 13, 2017 N O V 1 3 2 017 CITY OF TIGARD PLANNING/ENGINEERING Dear Neighbors, Thank you for your responses. I appreciate your interest and want to address your concerns and questions. This gives me the opportunity to hopefully open a conversation and allay some of the concerns. I value dialogue and I am concerned that there are false assumptions being circulated regarding my practice. I would like to provide my neighbors with additional information. I hope that this letter will be an opening to conversations to move forward as neighbors. As a woman and mother I too value and want to live in a safe neighborhood. I have three children who will confirm my diligence to their well-being. My eldest son visits me at my home as he lives independently having launched into young adulthood with a career as an architect. My daughter is living with me as she begins her new career as a teacher. My youngest son is living with me when not attending college. The feeling of safety in my home with my children and for myself is of the utmost importance to me. I appreciate the concern around the issues of homelessness, criminality, and the abuse of drugs and alcohol coming to our neighborhood. I do not see clients who are homeless, criminals, or that have alcohol and/or drug abuse issues. These are not the clients or issues I am working with as part of my small private counseling practice. My clients are people like you and I. They are voluntarily obtaining support for the pains of life in a proactive, intentional and solution focused way to live a wholehearted life. I am honored to know my clients intimately. Given the nature of my career, I know my clients far better than many other casual relationships. I specialize in providing counseling with children and women experiencing grief and loss, cancer diagnosis, and life transitions. My clients are middle to upper middle class and are highly functioning individuals in the community. Over the years in my private practice, I have not had any reason to be concerned about the clients with whom I have worked. I have developed these specialties and have no intention of changing the focus of my practice in the future. I have been a practicing licensed clinical social worker for nearly 25 years. I have focused my career on working with children, adults, and families in medical settings, which have included Shriners Hospital, Providence Hospital and Legacy Hospital, including their hospice and bereavement programs. I am currently a part-time employee with Compass Oncology. In addition and completely separate from working for Compass Oncology, I am a sole proprietor of a small part-time private counseling practice. I have had my counseling practice for the past 9 years. I provide counseling services only 3 days a week seeing between 10 and 16 clients in a week. Obviously taking time off for holidays and vacations. I am a sole practitioner and I do not have any employees. I screen clients prior to being accepted into my practice. All clients are seen individually or in the case of children with their parent by appointment. I am not providing group counseling as part of my private practice. Some examples of the type of clients that I provide counseling with are as follows: A school age child whose parent is ill and now is experiencing separation anxiety. A woman seeking support for the grief she is experiencing after the death of her husband. A woman having completed cancer treatment and feeling she should be back to normal. I will offer a professional setting with a separate entrance to my private office that includes a waiting room and restroom for clients and for the parents of the children to use. My clients also value their own privacy when seeking counseling support. My home is a no smoking home. This will be the same standard for my clients. Licensed Clinical Social Workers are not licensed to prescribe medications; I do not prescribe or manage medications for clients. There will not be signage in the front of my home indicating there is a counseling practice. There is normal traffic coming to our neighborhood with extended families and friends visiting. It will not appear any different at my home when family and friends are visiting or clients. Clients will be utilizing the two parking spaces on my driveway and will not need to use street parking. There are home businesses already practicing in our neighborhood. I am not setting a precedent with having a limited practice. I too want to live in a caring and compassionate neighborhood where neighbors watch out for each other and children can play. I have purposely tried to proceed with this project in the most above-board and transparent way possible. I welcome having a dialogue and answering any further questions. I invite you to contact me by email so we can schedule a time to talk by phone or to meet. Warm Regards, il . _ /jai L6a(Af/te Virginia Hill virginiahilllcsw@gmail.com Proposed Project Summary: To obtain a Type II Home Occupation for Virginia Hill, LCSW at her home residence located at 12418 SW 131st Avenue in Tigard OR 97223. The business is a licensed clinical social worker providing counseling services. My plan is to see 15-20 clients per week in a home office. I would work 3 to 4 days per week, seeing four to six clients a day, by appointment only. The clients I see would not be a disruption to the neighborhood. My practice consists of adults and children that are generally all higher-functioning"solid"members of society. I do not work with people who have active addiction or criminal records/behaviors. My business will occur entirely within the house. The business will use approximately 500 square feet in the daylight basement of approximately 2500 square feet of my home. My home sits on a lot size of approximately 7405 square feet. My home occupation will not require any on or off street parking other than that normally required for a residence. I have adequate parking on my driveway for two clients, but usually there will be only one car at a time as I see one client at a time. No external changes are proposed as part of the application. An existing walkway was improved along the garage side of the house with a railing added for safety. A window was changed to a door for ease in accessing the daylight basement. .I1 ri ... i.-' 40 , $ 0 3''...'.N-0\N.'‘..' 1aO :'.-.-...„..,'.- .,.,,.: ... 11 . i t 1 t 1 g 1 I P Waitng Room 110 ft' I- Office 1-. cl - 299ft 1 1 , L 1 1. , 1 . i . i— . . . ._. . 1 1 Bathroom Stairs 4 1 ft? 1 II - ,:,--.2:4`.'77l. 1 1 ' ; 1 Living Room Kitchen -133 fP • - i i I n 26 IV -i , I , . . I i Garage 1 . . .J. i , 11 -1-..----------------------------:-----.-.:7 i i 1 .. I Stairs Down ' fti 8't'. i /-..• ' ' 1 ' A ------, 1 , .._____...... ------ t , 1 1 I t S t a i tit . ; '- i Living Room .1 II „........._.........; - . . . .......,... ______. _ _.. . . . ...... _ .. .. ; ! 482 ft2 Dining Room ,. I . , I 1 I E , I I I . -"'--- 1.1 i L _. r.___....._ . _ : .. ...._......,,...-_____. ''!!'" • .1 . , ii, , I . 1 ; . 262 , 1 1 . Bedroom I Bedroom 2 . f 143 f153 ft; t'' i-, ,:-.— .. - . , . • .. , .., , s_ I ., : !. . .,.. _ 1 ,E•1' I . . _ . .„. _. ..... , „....„.; ......,.; ;7, _________, .1 , ,---- ., ,...___________________________, i I ! oyer, i, ,.,. I .. --•., . . •-..i,: I ). .. .. _ .. L ......--, - 31 ft' . ' I i 1 I ___,.... 1 • 1 .__.: .—. ------7 1 r 1,............1 . , r . . : . 4 ' : t Bathroom , • . . .. ,... , i . 62t `.:, •..;.'. 1 ! - ! Master Bedroom :• ; , . . I .,' •.- I ; 1 . 1 _1 ; . 1 i 1...i,- 54-f-,1' 1 ,. 18 fe , 1 ,i I1 , • il,, •! I I ! 265 ft; '• , 1 i I i .•'.' 1 I '' .'' 1 I := If I 29ft ,..z ...ni. 1 rii i ..,,, B . Master Bathroom ., ..'' I 1 . . . . ..„...._ , .,.. . . . ., . . .„_.. . ,_ ., ...:. .:. _..__ ... ......._ . , - Gof- Cg e Maps 12418 SW 131st Ave 4 ftisi,a. 7 t. r 0. • a • 12418 Southwest 131st Avenue 'k .t a F •- , _-. t Google h • Imagery©2017 Metro,Portland Oregon,Map data©2017 Google 10 m .. e _ . ...,,,,-,-,--,.. _ ,,, , - . % : " %,, „,...,,,, . , ,.,.. --- ,,,,::„...,-A%_4.- -. _- . -- - v. , .. , "'fix���� �� „a. € S 'M� _ .... , 4. . , ., - , - .,,,,.. .. . � _. ''.: a,fir,e � ,,-.,, x # .,,;y Yp _ „ S v G �by+6r , "10-,.+Ytk 12418 SW 131st Ave Tigard, OR 97223 } I Yu: F , � rl i , 1 -... ,,..'.411;1,14 „ -: t ` M .g-' Go gte Maps 12418 SW 131st Ave - a t y _ �" .0 '� ,. 1. ft... . , , ".j "' ‘....,‘ ',.-', ' 011411 .7,.;01tpeiC.,,' , ,,,,.k •- 1 S4 Ben�sfi Ss -I*. A $epi r -y - ' :::-,:r . y "t-s1Sv^'T qi ..:,-,,,,,, .-/..„ --.,?- . 0..,, .,-4„,,,,,, r ' * -. ,„ . 0" , , 't 4 4, x ,• ° ,, 12418 Southwest ~ s-,4,.., , , a 131st Avenue x , * r ` °i ;: i' At '''''..,' ,,,,_ ..1 = :,-,.',-t-4,., '- , ,,;:,7i,,,',''i.. d: �. ,' -,.:, a CITY OF TIGARD RECEIPT j•• 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Project Name: Virginia Hill Home Occupation Site Address: 12418 SW 131ST AVE Receipt Number: 412855 - 09/19/2017 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID HOP2017-00035 Home Occupation Permit-Type II 100-0000-43116 $303.00 Total: $303.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 119 MBILODEAU 09/19/2017 $303.00 Payor: v hill Total Payments: $303.00 Balance Due: $0.00 Page 1 of 1 S2LLOM EIDIEIdMOD NI0I ,INDIrldciV - fid FILE COPY Pre-Application Conference Notes for Virginia Hill, LCSW (PRE2017-00047) Type II Home Occupation September 19, 2017 PLANNING STAFF PRESENT: • Lina Smith, Assistant Planner APPLICANT: Virginia Hill, LCSW TAX MAP/LOT NUMBER: 2S104AB08900 PROPOSAL DESCRIPTION: Type II Home Occupation at 12418 SW 131st Avenue to provide counseling services, with a maximum of six (6) daily clients. COMPREHENSIVE PLAN DESIGNATION & ZONING: Medium High-Density Residential District; R-25 PROCESS Type II application process that includes: • Completeness review (first round can be up to 30 days) • Staff will contact applicant for payment of public notices that will be mailed to property owners within 500 feet of the site • Once application is deemed complete, review can take approximately 4 weeks o 2-week public comment period is included during review time • Decision will be Approved, Approved with Conditions, or Denied • 10-day appeal period after decision is issued SUBMITTAL MATERIALS • Master Land Use Application • Copy of Title Transfer Instrument or Grant Deed • Filing Fee: $303 ADDITIONAL COMMENTS OR CONCERNS: • Building, electrical, mechanical, and/or plumbing permits may be required for any interior work. PREPARED BY: Lina Smith, Assistant Planner RECEIVED City of Tigard : . 111 liCOMMUNITY DEVELOPMENT DEPARTMENT SEP 0 7 2017 Pre-Application Conference Reques PLANNING/ENGINEERING PROJECT DESCRIPTION II. (` „ ii c� REQUIRED SUBMITTAL Project name/title: VI ill( -1-i1 U , L� ELEMENTS Please write a brief description of proposed project: (Note: applications will not be accepted Pte c,se Se v (ret--a Li,\((a without the required submittal elements) 5 COPIES OF EACH OF THE FOLLOWING: PrBrief description of the proposal and any site-specific questions/issues that you would like to have staff research prior to the meeting. PROPERTY INFORMATION O-4-11 y 4.� Site Plan.The site plan must show the Pr rty address/location(s): ! jL 3t, e�� ( i proposed lots and/or building layouts �. ), 99 2 drawn to scale. Also,showshow the property f kr r location of the subjectin J relation to the nearest streets;and the Tax map and tax lot #(s): ��C r i"i i ry I+i �'�i () j1J .- t_O t 1 1 locations of driveways on the subject /� property and across the street. Zoniing: ' r . Deo t: -, j eS4 i c.f- /L`s 1 elm — A riS l/�-C S, * 1 A Vicinity Map. PROPERTY OWNER/HOER INF 7 The Proposed 1O TIO S Uses. Name(s): r 40 *SA --I a . - Topographic Information. 4 7 Include Contour Lines if Possible. Address: (a91 c Gi,& )31 St Alt kw-, Phone: )O3 0 .;03r? ? Filing Fee. City/state: ��.5a.I' l () Zip: q 7)-Z APPLICANT INFORMATION I OR •1 1 I r i 'I ()N1.� fth;Name: 1,A, , A • Case No..:P262411 -- 000 1 Address: ixUi 3( AL 'A44ePhone:`,��> ((, ' /Of.) .7 Related Case No.(s): City/state: �,ri iti�CI(, / 0 � Application fee:Zip: 12-2� 30 3 � Contact person:) V!(fC r r k, .I 1 . 3 9 0 )0* V i r n I o�, 1 !1 1 (f f,,, ke(;): ,w) Application accepted: Phone: mail: i Mat s,,�r 1 By: .$ Date: 9/ 7 / j7 Pre-application Conference Information Date of pre-app: q) I All of the information identified on this form is required and must be Time of pre-app: Ci A r l submitted to the Planning Division a minimum of ten(10) days prior kS to officially scheduling a pre-application conference.Pre-application Planner assigned to pre-app: conferences are one(1) hour long and are typically held between the i:\CURPLN\Masters\Land Use Applications Rev.0]/06/2015 hours of 9-11 a.m. on either Tuesday or Thursday mornings. Pre-application conferences must be scheduled in person at the Community Development counter from 8-4:30 p.m. Monday—Thursday. If more than four(4)people are expected to attend the pre-application conference in your group, please inform the city in advance so that alternate room arrangements can be made to accommodate the group. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 1 tC nd tt'1(-)) FRI Photographs of Wood Fence and Downward-Facing Outdoor Lighting Submitted by Applicant on April 26, 2018 For Conditions of Approval No. 6 and 7 Alk //1 • Pt.‘ 1 1 �'+ .y '`•..� �_ A' .tom r " , I'y k 4 ' S 1 ., . . . - -.... ...., ...... -. • ...... •ii..'''..:'- r rillirt ..:$;44.1 .._ A. 4 I'llmikiP ... . , . . 4 4..i‘,...._...... ...• .... _„ -• ._ . , . ,,,;., ...,;:ki,,,, i . . %._.•..i., s: •.:., . alp; ,.„ *...7 • 1 1 / \\1.1.\ 1 t •, • • iiii.t. . ,. ,..,. WOF •''''t••••' jr,i, • '* i ,. i - . ,.._ _ _ ___ 1411 • _ • - . ,:,''.. 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J : • • • ."1.1;'.... :' ` (`k l,i ' ` • !. 4'; s K M 1` ` yg E 4 CITY OF TIGARD 5/18/2018 nip 3:24:41 PM 13125 SW Hall Blvd. TIGARD Tigard,OR 97223 (503)639-4171 Conditions Associated With Case #: HOP2017-00035 Project Name: Virginia Hill LCSW # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY ACTION BY 01. APPROVED FOR IN-HOME COUNSELING Continuing 2/22/18 Lina Smith SERVICES BY APPOINTMENT ONLY 01. The approved home occupation use is for in-home counseling services, by appointment only. 02. MAXIMUM 6 CLIENTS PER DAY, 3 DAYS A WEEK, Continuing 2/22/18 Lina Smith FROM 8 A.M. TO 7:30 P.M. 02. The use is limited to a maximum six clients per day, three days per week, between the hours of 8:00 a.m. and 7:30 p.m. 03. RESTRICTION FOR LOCATION OF HOME Continuing 2/22/18 Lina Smith OCCUPATION RELATED ACTIVITIES 03. Wth the exception of parking and access, all activities related to the home occupation shall occur within the roughly 450 square feet of office, waiting area, and restroom in the lower floor of the residence on the site. Clients and their parents or companions shall not utilize the outdoor patio or any other area of the site while waiting for their appointments. 04. NON-RESIDENT EMPLOYEES AND VOLUNTEERS Continuing 2/22/18 Lina Smith PROHIBITED 04. Non-resident employees and volunteers are prohibited. 05. ALL CLIENT PARKING SHALL BE ACCOMODATED Continuing 2/22/18 Lina Smith ON SITE 05 The street right-of-way shall be free at all times of client vehicles associated with this home occupation. All client parking shall be accommodated on site. 06. APPLICANT SHALL INSTALL 6-FOOT FENCE Met 4/27/18 Lina Smith Lina Smith 06. The applicant shall install a six-foot high sight-obscuring fence between the north boundary of the site and the on-site walkway, stairway, and patio. 07. OUTDOOR LIGHTING SHALL SHINE DOWNWARD Met 4/27/18 Lina Smith Lina Smith 07. All outdoor lighting on the site shall be aimed and shielded to shine downward onto the site and away from adjacent properties. Page 1 of 1 Notice of a Type II Proposal . . Home Occupation/Type II TIGARD Case ID: HOP2017-00035 (Virginia Hill, LCSW) Tigard Community Development Contact Information Date of Notice: Thursday, September 28, 2017 120 days = Wednesday,January 24, 2018 To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov If you would like to comment on this proposal, we need to receive your written comments by 5 p.m. on Thursday, October 12, 2017. Please send your comments to Lina Smith,Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS@tigard-or.gov. Include the Case ID Number: HOP2017-00035. Information About the Proposal Description of the Proposal: This application is for a Type II Home Occupation at 12418 SW 131st Avenue. The applicant proposes to provide in-home counseling services, with a maximum of six (6) daily clients. The home occupation will utilize 500 square feet of an existing residence. No external changes are proposed as part of this application. Applicant: Virginia Hill,LCSW 12418 SW 131st Avenue Tigard, OR 97223 Owner: Same as applicant Proposal Address: 12418 SW 131st Avenue Legal Description: WCTM 2S104AB,Tax Lot 8900 Zoning: R-25: Medium High-Density Residential District Approval Criteria: Community Development Code Chapter 18.742 What You Should Know About This Type II Proposal The proposed development requires a land use review. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Type II decisions are made by the Community Development Director after consideration of relevant evidence and public comments received during the open comment period. The decision will be mailed to the applicant and to owners of property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise entitled to a decision notice. The decision maker may: • Approve the proposal. • Approve the proposal with conditions. • Deny the proposal. All evidence considered in the decision will be contained in the public record and available for public review. If you would like to review this material, please schedule an appointment with Lina Smith, Assistant Planner at (503) 718-2438. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. / I - 1 1_ _ - Zoning Map /-__ Generalized Zoning Categories R-4.5 3 ff1 a=0 \ 1 f 7aning Description fi r 2 ii___ i i 7 \ ..,en _i_ / Residential Ar _ �Af/ --� •Mixed Use Residential W T `� �1+ \ Mixed Use Central Business District 7 4 y. R-25 - I MCommereial m 1 ~ -7�____-_,/I �Y,1\-\---- ~ Mixed Use Employment •_�. _- / __ ElIndustrial "NISH ST ---!!! IIS MPar,ks and Recreation •WWashington County Zoning R-4.5 Q7T III ' �/ Overly 7.nn.s. _ %}Il6tOPlC District Overlay n x zR-25 - ,P?9T Planned Development Overlay o y cc z ec w ''' 5.11L.WL. ag. a a BOUNEFF ST a I m — 11 pG -- 2 F !I – R-4.5 - MORNING HILLD Map ponnen at 0321 NM on zas.p-+2 R R-25 _ _.. UUMMUMI IY 11EVELUPMENI UEVAVIWEN I j33 O ---- cN olrlpnb , �p�gr�'t 131266W HeII6kN Feet RQ - ,1.;�PJ C'lP 2 IJ 11.--' r5a3638412523 07 a too- ___ ti3 G - I rears-nenn City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Lina Smith From: virginiahillIcsw@gmail.com Sent: Tuesday, October 10, 2017 11:27 AM To: Lina Smith Subject: Re: Home Occupation Permit Info Hi Lina, I have availability for my clients appointments from 8:00 a.m. until 8:00 p.m. Please let me know if you need any further information. Thank you! Virginia Virginia Hill, LCSW 503-890-1037 On Oct 10, 2017, at 9:53 AM, Lina Smith<LinaCS@tigard-or.gov>wrote: Hi Virginia, I'm working on my staff report, and wanted to know what your proposed "hours of operation" will be? Our Code allows you to see clients between the hours of 8 a.m. to 10 p.m., but if you have more specific hours in mind, please let me know. Thank you! Lina Lina Smith Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@a,tigard-or.gov From: virginiahillIcsw@gmail.com [mailto:virginiahillIcsw@gmail.com] Sent: Wednesday, September 27, 2017 6:51 AM To: Lina Smith Subject: Re: Home Occupation Permit Info Hi Lina, Sorry for not looking at the documents before I sent off an email to you! I see that there are 138 notices that went out to neighbors. I so appreciate your support as I proceed in this process! Much Thanks, Virginia 1 Lina Smith From: Lina Smith Sent: Monday, November 20, 2017 11:34 AM To: 'virginiahilllcsw@gmail.com' Subject: RE: Case No. HOP2017-00035 - info on extending 120-day deadline Hi Virginia, Thank you for your e-mail. You have requested to extend the 120-day deadline for your land use application (Case No. HOP2017-00035) by 40 days. Therefore, the new deadline by which the City of Tigard shall make a final decision on your application, including resolution of any appeal, is March 5, 2018. Also, I only heard back from one neighbor after I sent out your letter. We're still on schedule with your application—I'm planning to send a final draft of my staff report to my supervisor next week. After he finishes his review, I'm planning to send out the final decision on Monday, December 4, 2017. Let me know if you have any questions, and have a Happy Thanksgiving! Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: virginiahilllcsw@gmail.com [mailto:virginiahilllcsw@gmail.com] Sent: Monday, November 20, 2017 11:21 AM To: Lina Smith Subject: Re: Case No. HOP2017-00035 - info on extending 120-day deadline Hi Lina, I would like to extend the deadline of my application process by 40 days. Please confirm this request. Much Thanks, Virginia Virginia Hill On Nov 13, 2017, at 9:35 AM, Lina Smith <LinaCS@tigard-or.gov>wrote: Hi Virginia, Thank you for meeting with me this morning. I will send a scanned copy of your letter today to the neighbors who provided written comments on your application. Also, as we discussed today, you do have the option to extend the 120-day deadline for your application. This is optional, but it may be helpful in this situation, since we are anticipating a potential appeal. If it is appealed,we would schedule the appeal hearing for Monday, February 5, 2018. i If you feel comfortable extending the 120-day deadline, please send me an e-mail or letter requesting to extend the deadline by 40 days. The 40 days would push the 120-day deadline from January 24, 2018 to March 5, 2018, and that would give us enough time to schedule an appeal hearing for February, and follow all the other public hearing procedures. I've attached two documents to this e-mail: 1) Information about extending the 120-day deadline, along with a link to the Oregon Revised Statutes chapter that describes this process, and 2) A potential appeal timeline I put together for your application. Please review these documents and let me know if you have any questions. Thank you! Lina Lina Smith Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." <Information on Extending 120 Day Deadline.docx> <Potential Appeal Timeline.docx> 2 Lina Smith From: Lina Smith Sent: Monday, December 04, 2017 8:05 AM To: 'virginiahilllcsw@gmail.com' Subject: Approved Decision: Case No. HOP2017-00035, Virginia Hill, LCSW Attachments: HOP2017-00035.pdf Hi Virginia, Your Type II Home Occupation has been approved, subject to a condition of approval that your future clients do not park on the street, but instead park on your property. Attached to this e-mail is a copy of the full decision. I will also mail you a hard copy. The appeal deadline for this decision is Tuesday, December 19, 2017 at 5 p.m., and I will notify you if anyone files an appeal. Let me know if you have any questions, thank you! Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov 1 Lina Smith From: Lina Smith Sent: Monday, December 04, 2017 8:08 AM Subject: Approved Decision: Case No. HOP2017-00035, Virginia Hill, LCSW Attachments: HOP2017-00035.pdf This e-mail is to inform you that the Type II Home Occupation Permit application for Virginia Hill, LCSW at 12418 SW 131st Avenue (Case No. HOP2017-00035) has been approved, subject to a condition of approval. Attached to this e-mail is a copy of the full decision. I will also mail you a hard copy. The appeal deadline for this decision is Tuesday, December 19, 2017 at 5 p.m. If you have questions about the appeal process, please feel free to contact me at (503) 718-2438 or LinaCS@tigard-or.gov. If no appeals are filed, then this decision will be final and effective starting Wednesday, December 20, 2017. Sincerely, Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov 1 Notice of a Type II Decision Home Occupation/Type II TIGARD Case ID: HOP2017-00035 (Virginia Hill, LCSW) The Decision Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the requested land use action, subject to a condition of approval. The findings and conclusions on which the decision is based are noted in the Final Decision. The proposal is described below. Tigard Community Development Contact Information Date of Notice: Monday,December 04,2017 120 days = Monday,March 05,2018 Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov Appeal Information All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision.Appeal forms are available on the city's website or in person at the Permits Center. If you would like to appeal this land use decision, we need to receive your completed appeal form by 5 p.m. on Tuesday, December 19, 2017. Please include the Case ID Number: HOP2017-00035. Please hand-deliver your completed appeal form (which will be time-stamped) and pay the associated appeal fee at the Permits Center, 13125 SW Hall Blvd.,Tigard, OR 97223. If you have any questions regarding this decision,please address them to the appropriate staff person noted on this form: Lina Smith and note the Case ID Number: HOP2017-00035. This decision is final on Monday, December 04, 2017, unless an appeal is filed. The decision will go into effect on Wednesday, December 20, 2017, unless an appeal is filed. A copy of the Final Decision is available upon request from the staff contact person noted above. Information about the Decision Applicant: Virginia Hill,LCSW Owner: Same as applicant 12418 SW 131st Avenue Tigard, OR 97223 Description of the Proposal: This application is for a Type II Home Occupation at 12418 SW 1315`Avenue. The applicant proposes to provide in- home counseling services,three (3) days a week. Clients will be seen by appointment only,between the hours of 8 a.m. to 8 p.m. The home occupation will utilize 500 square feet of an existing residence. Counseling will be provided for children and women experiencing grief and loss, coping with cancer issues, and life transitions. No external changes to the property are proposed as part of this application. Legal Description: 12418 SW 131st Avenue;WCTM 2S104AB,Tax Lot 8900 Zoning: R-25: Medium High-Density Residential District City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 1 Appeal Procedure Details The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code,which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 5 p.m. on Tuesday, December 19, 2017 Zoning Map -T---- R=457--- I Zoning Map Generalized Zoning Categories R-4.5 w o x c- 71 r r 2onine Description .-- - ___.,r _ iniimillif Residential 1. : : : MUResidential w -r " Central Business District 0 le R-25 it M 7----- _ 4 :::: mploYment _! Industrial •Parks and Recreation BEN/Sy ST � Washington County Zoning nz DR-4.5 - - o -i Overlay Zones �_ 0 Historic District Overlay pR-25 1�9r ®Planned Development Overlay m Z y -- f rL Subject Site o BOUNEFF ST `.n ^� _ � ii R-4-.5 L j -- MORNING t1rLL O . Map pnnlec al 03 21 PM on 2a-Sep-17 R I R-25 n / COMMUNITY DEVELOPMENTyDEPARTMENT .� 3 4` o 1312 UWIC Blw I, Feet RD 1`'4-Py t^y-•<�2- TIGA' APS n$o s°asi i23 '� ' `— ncnRD City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2 City of Tigard w y ,I COMMUNITY DEVELOPMENT DEPARTMENT TIGA ,r, Land Use Decision Appeal Filing Form The City of Tigard supports citizen's right to participate in local REQUIRED SUBMITTAL government.The Tigard Community Development Code,therefore, ELEMENTS sets out specific requirements for filing appeals on certain land use decisions. g Filing Fee xrNarrative (address criteria 18.710.090) Property address/location(s): HOP 2011 - DOD3S 114 12) Sly 134 ST Ave gcxit ini i I I. O €.) Ttc,44.2.la Dry °-122,3 Case No.(s): tt,,f ^QR—ec— Deadline of appeal: SPM DN T EC,ERBER q 2011 VO Interest in proposal (applicant, neighbor, etc.): E IGI-lZ0P, Case Name(s): 17/nth ��� �� N Related Case No.(s): �—}� Appeal fee: 5/�/ [) Date decision final. /e2 Notice of final decision: /Q)*Li/,J APPELANT'S j Name: rt E lb 1 R81rti I�1 rMIe II Directo 's Decision to CPC: _lic1/l Business: AVEAddress: i2326 Sti; I 1ST A ❑ HO/PC to City Council City/state: I1C1t RD , CR Zip: C1-723-3 Application accepted: Ph#:5o3 i Email:h,browvn 2otl ehtik-1w I .0O3n1 By: 'LS Date: A2fJ�l/- I\Community Development\L.and Use Applications\02 Forms and Templates\Land Use Applications Fir, 19/14/7017 Please indicate specific reasons for appeal or review: 6u5 flesc FLAl s at.LA t ae_ ode PuvPese." Er' tri a., e -616‘istne_d to See ,on IS.1 ir3 Suub or- Al 2 - iusi Vie.ss does Cn de, Cri ie,t-i a. Section Ica,,1'12.DLoO 5.t_iiose.cAi.on $3 in rela.-4zur- -b husirle ae SS. 3- 4 nsuf e en4- recti ithons fio e..v1Gree, Pyo?osec ?usi ries cAsId levtcu A-I-ciin I't va_b°, I W+Y cF MLIGl-Ibai HODb. _ ? /767.74,,,, NE i , A - JRcwAv 12- IA - 17 Appellant's signature Print name and title Date City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 1 Attention: Director of Community Development City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: APPEAL OF TYPE II DECISION HOME OCCUPATION PERMIT HOP2017-00035 VIRGINIA HILL, LCSW; 12418 SW 131ST AVE,TIGARD, OR 97223 APPROVED DECEMBER 4, 2017 I, Heidi Brown, have received written notice of the Type II administrative decision Approving Home Occupation Permit#HOP2017-00035 on December 4, 2017. In addition I participated in the proceeding through the submission of written testimony dated October 11, 2017 (see attached) and therefore have standing to appeal. There are three (3) primary issues I would like to addresss in this appeal, beginning with my concern that this business falls outside the Purpose criteria established in the Community Development Code Section 18.742.010 Subsection A 1. I have added bold italics to emphasize specific areas of concern. The Code reads as follows: 18.742.010 Purpose A. It is the purpose of this chapter to: 1. Permit residents an opportunity to use their homes to engage in small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters, or because the nature of the activity would make it impractical to expand to a full-scale enterprise; Note:Virginia Hill has identified in her response letter dated November 13, 2017, "In addition and completely separate from working for Compass Oncology, I am a sole proprietor of a small part-time private counseling practice. I have had my counseling practice for the past 9 years. 1 provide counseling services only 3 days a week seeing between 10 and 16 clients in a week...I am a sole practitioner and I do not have any employees." In fact Virginia has an established business license since 2011 with the City of Beaverton and practices at 4900 SW Griffith Dr, Suite 163, Beaverton, OR 97005. Using her home is not an established need for sustainability;She has already established a sustainable business outside her home. I hereby appeal the City's approval of this counseling service in our residential neighborhood on the grounds that this business is outside the scope of"Purpose" established by the City and its' intention to promote establishment of small-scale business ventures which could not be sustained if it were necessary to lease commercial quarters. 1 With it's existing sustainability, there is no inherent need to establish the business in this location and draw additional traffic and strangers into a neighborhood setting. Several neighbors voiced there concerns over the impacts of traffic and concerns for safety along with the perception that a residential neighborhood was not the appropriate location for this type of business during the proceedings. Subsection 2 further states, It is the purpose of this chapter to: 2. Establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. The criteria for this second isssue is specifically established in section 18.742.060 Permit Procedures for Type I &Type II Home Occupations Subsection 83, which states: 18.742.060 Permit Procedures for Type I and Type II Home Occupations B. Type II home occupation permit.A Type II home occupation permit will be processed by means of a Type II procedure, as governed by Section 18.390.040,after a demonstration that the proposal complies with all development criteria in Sections 18.742.040 and 18.742.050.B and subject to the following approval criteria: 1. Is in conformance with the standards contained in this chapter; and 2. Will be subordinate to the residential use of the property; and 3. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. With regard to subsection 83, the NOTICE OF TYPE II DECISION FOR HOME OCCUPATION PERMIT HOP2017-00035 SECTION V.APPLICABLE REVIEW CRITERIA& FINDINGS specifies, "All activities associated with this home occupation will be conducted indoors, within the primary residence (an existing detached, single-family dwelling).The applicant states the business will operate only three days a week, and clients will be seen by appointment only, between the hours of 8 a.m.to 8 p.m.Therefore,this proposed home occupation will not be detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. This criterion is met." I appeal this decision of criterion being met based on the premise that the business is actually detrimental and disruptive to neighboring properties and residents. The city has not acknowledged the invasion of privacy and negative impact to the livability of the residents located directly north (adjacent)to this property. Let me clarify, It is not the business itself, but rather the access to the business that is an immediate problem. The applicant plans to have clients access her business via a pathway located at the north side of her driveway which leads to the basement of her residence. She briefly made reference to this in her Proposed Project Summary which stated, " An existing walkway was improved along the garage side of the house with a railing added for safety. A window was changed to a door for ease in accesssing the daylight basement." Subsequently, in the applicant's response letter she noted, " I will offer a 2 professional setting with a separate entrance to my private office..." While it is private access from her stand point as the resident,this will draw clients between the two houses to gain access to the business. Please note,there is no fence separating these two properties. In addition,the house to the north has an elevated deck that is exposed to this foot traffic on the ground. People walking the path to the business can look straight up to the neighbors barbequing or relaxing on their deck and people on the deck will be frequently exposed to the strangers accessing the business. This also impacts exposure in the front and backyards of the house.There is a direct infringement of privacy as a result of this access point to the proposed counseling business. In addition to impacting the adjacent residence, it also impacts the surrounding neighbors in that this would established strangers walking between the houses on a regular basis. This is not the "norm" for a neighborhood, and one can no longer discern who actually belongs and who does not thus creating discomfort. This is further exacerbated by the fact that the applicant does not have established days of operation. Safety is an added concern having strangers between houses in the dark of night.This also impacts the dog who resides in the adjacent house. A dogs job is to protect and alert his owner to strangers. There will no doubt be additional distress and barking, on a regular basis which has the potential to impact many neighbors in the surrounding area. This access is intended to be the primary business access for the life of the business. Furthermore, by allowing this accesses between houses it sets a presidence in the neighborhood for other houses of similar structure should they wish to persue a residential business in their basement. My third issue for appeal is in relation to the lack of restrictions set forth by the City. The City did not provide any level of reassurance for the proposed business criteria to be enforced other than that pertaining to parking accommodations. In fact the Assistant Planner, Lina Smith, confirmed with me that the applicant is only bound by the City Code and the additional condition of approval that requires all client parking be accommodated on site. This means regardless of intent, according to code the applicant can practice any day, Monday through Sunday, 6 clients a day between the hours of 8 a.m.-10 p.m.,she can have one employee, have a sign, and there are no parameters on the type of counseling. The 20 written comments regarding this application from neighboring property owners had very valid concerns with regard to increased traffic, safety, hours/days of operation, impacts to privacy, livability& property value. The City only enforced restrictions to ensure the street right-of-way would remain free of client vehicles. The City did not set any further limitations to secure the livability of the neighborhood. The City merely provided a response from the applicant but the applicant's intent is not enforceable. Additionally,the applicant stated "There is normal traffic coming to our neighborhood with extended families and friends visiting. It will not appear any different at my home when family and friends are visiting or clients." I profoundly object! Given the situation for access between houses there is an astounding difference...Family and Friends will be entering through the front door the way a house is intended to be entered. Clients will be funneled between the houses and infringe upon privacy of the neighboring residents; the impacts of this are significant. It is my hope that the details in this appeal clarify the concerns that were previously raised by myself and others during the comment period. 3 On a final note, I would like to draw attention to the need for"correction"to information provided in the NOTICE OF TYPE II DECISION FOR HOME OCCUPATION PERMIT HOP2017-00035, SECTION III BACKGROUND INFORMATION & PROJECT DESCRIPTION The very last sentence of the paragraph titled Site Information: references the significant wetland being the adjacent property to the west of the applicant's address; please note, the wetland is actually the adjacent property located to the east . Hopefully this helps in better understanding the property layout. I appreciate your time to review this appeal and allow the concerns to be addressed through the appeals process. Respectfully, Heidi Brown 12326 SW 131st Ave Tigard, OR 97223 4 October 11, 2017 Attn: Lina Smith, Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97225 RE: Case ID Number: HOP2017-00035; Concerns pertaining to Application for Type II Home Occupation at: 12418 SW 131st Avenue,Tigard, OR 97223. As a resident I have lived in this neighborhood for 21 years. I know each neighbor on 131st Avenue from Bouneff Street to Chimney Ridge and beyond. We live in a unique community where the neighbors have strong connections, we have built relationships, the children play together freely in the street, and we each look out for one another and take pride in maintaining the livability of the area. I am concerned that approving a business that draws people into this residential area will have detrimental impacts. Traffic will increase, on street parking will expand, people who we do not know will be coming and going, and as a result of these elements the safety of our children will be compromised. The livability and desirability of the neighborhood will decline and eventually the valuation of our properties will decrease. There is a strong kid presence in our neighborhood. Go the distance of 4 houses in each direction of this proposed business residence and you will add up more than a dozen children who live within the proximity. There are 10 children ages 5-10 that catch the bus across the street from this residence each morning and then return to this bus stop each afternoon. The neighborhood children play outside daily; roller blading, biking, playing street hockey and basketball. The kids are concerned that their ability to play basketball at the hoop across the street will be limited due to increased parking. Safety and the general welfare of these children is my biggest concern. I worry that increased vehicle traffic and drawing in strangers with uncertain backgrounds will be detrimental to the well-being of the overall neighborhood. I am concerned for the immediate impacts. The proposal is to provide in home counseling services, with a maximum of six (6) daily clients. Hypothetically, bringing in 6 clients 5 days a week means an influx of 30+ potential strangers each week into our residential neighborhood. People who's mental/emotional state is uncertain, who are in need of counseling. Clientele that is ever changing, creating foot traffic between houses as they walk to the backyard to access the business. Taking away from the privacy of those living here and reducing the marketability of our homes. I have concerns for the uncertainty of what this influx brings. Potential for clients to be speeding in our neighborhood because they are late to their appointment. If early, will they by hanging out curbside smoking/vaping in an effort to calm themselves before proceding to their counseling session. Will they have a person who drives them to their appointment, and rather than sitting inside the business prefers to remain in their car waiting for the duration of the counseling session thus deminishing the comfort level of our neighborhood environment? In addition, I have many unanswered questions: • What type of counseling is taking place?Who's to say the clientele won't change in the future? (As a resident how can I tell if it is Marital counseling, Rehabilitation counseling, Mental Health counseling or Substance Abuse counseling?) • Is there any dispensing/use of drugs/medications in conjunction with these counseling services? If so what & how is such medication being used/dispensed/managed? • What are the hours & days of operation? • Will there be additional employees on site? • Are these individual or group counseling sessions? (From what info I have found, the applicant: Virginia Hill, LCSW; currently practices at Compass Oncology and information indicates she facilitates group meetings and provides support for patients and families; will this level of business be maintained?). • How much traffic/increased parking will be allowed in the neighborhood? (Accounting for overlap in arrival/departure of clients presumably during any given hour there could be 2 client vehicles plus a potential 3rd if there is an onsite employee; client vehicles could increase if group/family counseling is implemented) These are in addition to any vehicles belonging to the homeowner and occupants. • Are there restrictions to make sure the business doesn't transform into something different or more expansive than initially intended? • What kind of signage will be displayed? How will it look/change the feel of the neighborhood? • What kind of presidence is being set for similar businesses to establish within surrounding residences? I would appreciate answers to these questions, but please realize my position on this proposal will remain unchanged. There is a difference between running a "no impact" business vs. running a business that draws clientele into a neighborhood. I strongly feel this neighborhood is not the proper location for implementing such a business; the impacts are too great. This is an established Residential area made up of single family dwellings, constructed for the purpose of housing families. The houses and properties were not intended for business use. I do not want to give up our privacy, have people coming and going daily, and feel compromised because of one person's desire to run a private practice business out of their home. While the Applicant is seeking personal gains,the Resident's will experience personal losses. The Applicant has only lived in this neighborhood for a few months. She now wants to impose a home business that will change the dynamics of this neighborhood forever. As homeowners, we have the right to enjoy living in our homes, interacting comfortably with our neighbors, and experiencing the satisfaction of watching our children play, and grow and feel safe in the neighborhood they live in. For 21 years I have contributed to maintaining the livability of our neighborhood. I value the nature, peacefulness and feeling of security our neighborhood offers. I do not want to see my neighborhood transformed into a business community. Thank you for considering these concerns as you move forward with your decision making process. Sincerely, Heidi Brown, Home Owner 12326 SW 131st Avenue Tigard, Oregon 97223 RECEIVED City of Tigard i COMMUNITY DEVELOPMENT DEPARTMENT SEP Q 7 2017 - Pre-Application ConferenceRequest . CITY OF TIGARD TIGhRD dANNING/ENGINEERII\: 0. - PROJECT DESCRIPTION Project name/title: i 1'; -�-`� L0 REQUIRED SUBMITTAL . t ELEMENTS Please write a brief description of proposed project: (Note: applications will not be accepted t eft without the required submittal elements) 5 COPIES OF EACH OF THE FOLLOWING: 0 Brief description of the proposal and any site-specific questions/issues that you would like to have staff research prior to the meeting. PROPERTY INFORMATION I � /�� j 1 Site Plan.The site plan must show the Progerty address/location(s): j`o ( 31 S ,`!Ven. u e, / proposed lots and/or building layouts IrI (2 a 1-d / C}r' 2-3 drawn to scale. Also,show the Jl i location of the subject property in relation to the nearest streets;and the Tax map and tax lot #(s): c i j i I no 4-4 t Y IND (., /_ ,l i 11 S locations of driveways on the subject , , 4 ' n property and across the street. Zoning: =tet suers= .fi ..I.INsisa.,. If _ 2-sa— � �� LI/ � , S ! j'5i,/ 1174..1 p" Vicinity Map. PROPERTY OWNER/HO •.D ER INFO'.� TIO S . 7 The Proposed Uses. Name(s): r Act l -I A .Q .3- y Topographic Information. 4 Include Contour Lines if Possible. Address: attic cu .0 I3I )t /A1Xh-.4t Phone: COY90 *i°31.7 ? Filing Fee. City/state: t j ja I d (1 Zip: el 7)-2-3 APPLICANT INFORMATION nil(It i,\rr t 2,1- O N I Name: 111:1-0;16/1(6'1 A, -1 Case No.:P 26 2O(1 - 0001 -7 Address: ld>t i S GtL) j 3 j c, ; , .h" €Phone: 03— r /C i /051 Related Case No.(s): City/state: 1 i(:)11.4�t'k (/ Zip: 19 H.-2-; 30 3 , f j ) ,� Application fee- Contact person: V!6:1 1�1,t(N, �i-, � Application accepted: Phone:1 390 9 0'� mail: ' (rte+q l Y']9 03I^1 It/1 C t A..e tAa t 1, Ai' v 3 p 1 �J By: Date: / 1 I / Pre-application Conference Information Date of pre-app: 6 / I q All of the information identified on this form is required and must be Time of pre-app: Q Gt 'Vl submitted to the Planning Division a minimum of ten(10) days prior to officially scheduling a pre-application conference.Pre-application Planner assigned to pre app: h. conferences are one(1)hour long and are typically held between the t:\cURP1N\Masters\Carni Use Applications Rev.01/06/2015 hours of 9-11 a.m.on either Tuesday or Thursday mornings. Pre-application conferences must be scheduled in person at the Community Development counter from 8-4:30 p.m. Monday Thursday.If more than four(4)people are expected to attend the pre-application conference in your group, please inform the city in advance so that alternate room arrangements can be made to accommodate the group. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 1