Planning 2018-03-08 Item 4 - 13310 Interurban Avenue South Design Review and Variance - Attachment E: Zoning Variance Criteria Response from Applicant

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ATTACHMENT E Petersons 76 Variance Narrative CRITERIA FOR ZONING CODE VARIANCE (TMC 18.72.020) (1)The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; The variance we are requesting is to identify Interurban Avenue as the frontage. The full development is made up of three parcels, 2 parcels are leased by Mr. Peterson and include the existing truck fueling lot and the proposed Retail Fuel and Store lot, the third lot is owned by Seattle City light and a portion has been leased to Mr. Peterson. The full development has two frontages including Interurban Avenue and 48th Avenue. The development would not receive any special privilege as we will meet all the code requirements associated with lot frontage, secondary frontage, side yard and rear yard. Interurban is a minor arterial and it is reasonable to treat this as the lot frontage as the higher classification street, additionally the Tukwila Zoning Code defines the lot frontage on a corner lot as the narrowest frontage abutting a street. The Interurban frontage is considerable narrower than the 48th Avenue frontage. 48th Avenue is a dead end street that does not benefit from the level of buffering and that is needed on Interurban Avenue. This has not resulted in any inconsistencies with limitation for other properties. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; Due to the very long, narrow and triangular shape of the property it would be difficult to develop the property if 48th Avenue was to be considered the main frontage. The original intent of the three lot development was to place the front yard on Interurban. If the 25 foot setback was fronted on 48th Avenue it would result in much higher lot percentage of unbuildable area than would a more typical square or rectangular lot. That is not the intent of the code as described in Definitions 18.06.525 Lot Frontage, where the narrowest frontage is the designated front yard. The 25 foot setback along with the 5 foot setback along 1-5 would leave a very thin strip of property that would be difficult to develop for our allowed use. Currently the depth of the lot is 136 feet along the storefront fagade. If this is reduced by a 25 foot setback along 48th Avenue and a 5 foot setback along 1-5 the usable depth is only 106 feet, thus preventing us from using the property in the manner of adjacent properties or other like -zoned properties. Originally when the Truck Fueling parcel was developed just NE of the subject property it was planned to be a phased project. The design intent was that the convenience store would be centralized and the retail fuel would be on the Interurban (SW) side of the lot. Mr. Peterson has held a lease agreement with Seattle City Light for many years that includes the monument sign. That was recently updated to include additional property that allows for a 15' landscape buffer in addition to providing more than 25' of setback as well as shared access, landscaping and a portion of the drive through lane for the coffee kiosk. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; 57