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NOTICE IS HEREBY GIVEN that the Happy Valley Planning Commission will hold a public hearing on the 12th day of March, 2013 at the hour of 7:00 p.m. at the City of Happy Valley City Hall, 16000 SE Misty Drive, in the City of Happy Valley, Oregon, in regard to the following matter:



Ken and Terry Burroughs (applicant/property owner) are requesting approval of a Home Occupation Permit to utilize the existing residence and outbuilding located at 16921 SE Tristin Avenue as a “base of operations” for a home roofing and painting business.  The subject property can be further described as Clackamas County Assessor Map No. 23E06BA: Tax Lot 1700.  The proposed home occupation will require three employees to report to work at the subject property and will also require some of the property be utilized for outdoor storage of materials and equipment.  The applicant has provided a site plan (attached) that illustrates the location of the storage area and method of screening this area from adjacent properties.  The applicant has also indicated that there will be no customers or clients of the roofing/painting business visiting the subject property.

The Planning Commission may approve, approve with conditions or deny the subject application in accordance with the applicable policies and sections of the City of Happy Valley Comprehensive Plan and Section 16.69.020 of the City of Happy Valley Development Code.  Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  All written comments must be received by the City of Happy Valley by 5:00 p.m. on Thursday, February 28, 2013 to be included in the Planning Commission packet – verbal or written testimony may also be entered into the record at the public hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report.  Testimony should pertain to the applicable criteria.

The decision of the Planning Commission will be made in accordance with the applicable criteria, and may be appealed per the provisions of the City’s Municipal Code.  Failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the Planning Commission an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Planning Commission to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application and all materials submitted by the applicant and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  The City’s staff report, findings of fact and staff recommendation are generally available seven days prior to the public hearing date.  For additional information, contact Justin Popilek, Associate Planner at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at the above phone number.

Notice to mortgagee, lien holder, vendor, or seller: The City of City of Happy Valley Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.

Justin Popilek
Associate Planner
Publish 02/20/2013.                                            CLK12759