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Building height- Foster: Schools are unique uses and are permitted in residential zones <br />subject to conditional use permit approval. Although the proposed building additions exceed the <br />height limit for the LDR zone, the deviation requested is insignificant, and will be used to public <br />benefit. Given that the existing school building far exceeds the maximum height of LDR zone, <br />allowing the new addition to exceed the maximum height by one foot does not constitute a grant <br />of special privilege. Any other property that has an existing building and wants to add and <br />exceed the height by one foot could apply for a variance. <br />Parking: Granting the variance would not result in unreasonable accommodations for a school <br />in the LDR zone. The reduction in parking is needed for necessary school improvements which <br />cannot be accommodated by other means such as buying more land or relocating to a different <br />site. Granting the variance is not a special privilege as any use has the same rights to apply for <br />a variance if the parking demand can be met with supply. <br />Building height- B2K: The height variance is requested because the school is a public use in <br />the LDR zone, located near homes of the children it will serve. Additionally, the property has a <br />Public Recreational Overlay(PRO), which allows a height bonus of one additional foot for every <br />four feet of excess setback (i.e., setback over and above the LDR minimum standard), up to a <br />maximum height of 50 feet. The current proposal complies with this requirement. However, <br />since the legislative intent of the height bonus for PRO is for recreational uses and approval of <br />height bonus is subject to Board of Architectural approval under TMC 18.42.030, it was included <br />as part of the variance request. Approval of the height variance does not constitute a grant of <br />special privilege not afforded to other properties in the vicinity, as other properties are <br />developed with single - family homes typical of the LDR zone. Any uses permitted in LDR with <br />PRO such as recreation facilities or public schools could apply for approval by the Board of <br />Architectural Review. <br />2. The variance is necessary because of special circumstances relating to the size, <br />shape, topography, location or surrounding of the subject property in order to <br />provide it with use rights and privileges permitted to other properties in the <br />vicinity and in the zone in which the subject property is located. <br />Building height- Foster: High Schools are a conditional use regardless of land use zone in <br />Tukwila; it is logical that the location of Foster High is in a predominantly residential <br />neighborhood. The height limitations in the LDR zone are appropriate for a single - family <br />residence. The variance is necessary because the high school is an existing building and any <br />expansion with a larger footprint is not feasible as it would not be possible to accommodate <br />parking and other supportive uses. <br />Parking: The size of the site is not large enough to accommodate the required parking. <br />Additionally, the applicant has shown through a parking analysis that even with the reduction in <br />parking requirements afforded by the Variance, the available parking will likely continue to be <br />underutilized most of the time. <br />30 <br />