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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Granting the request would not cause any harm, injury, or interference with uses of adjacent and neighboring properties. The proposed variance actually meets the intent of the code by placing the front yard on Interurban Avenue and was recommended and is supported by staff. The proposed request would not have a negative impact neighboring properties. Our neighbor to the southeast, Seattle City Light is in favor of the development and has agreed to lease Mr. Peterson property in order to develop per our design as well as meet code requirements. We border the 1-5 off ramp so there is no view impact to neighboring properties. Traffic and light will not be impacted by the granting of the variance. The project will be enhanced by an improved buffer from the majority of traffic and higher street classification, which is along Interurban Avenue. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan; The proposed development will enhance the "Community Image" with a Retail Store that is architecturally unique and visible. The building far exceeds the number and extent of required Design Review elements as the developer wants to create a one of a kind destination for retail convenience, thus surpassing the Plan's goals and objectives for this type of project. There is no adverse impact to the granting of this variance. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. The logical choice and the intended frontage per code is the most heavily trafficked and higher classification street which is Interurban Ave S. As described in response number 2 above the unique shape of the lot lends itself to be developed as we have designed it. Identifying 48' as the frontage does not improve the development; it shifts the buffer focus to a less used street. Utilizing 48th Avenue as the frontage further restricts the depth of the already narrow property which is not the intent of Lot Frontage and makes the property much less attractive for development; and impedes the opportunity to provide a unique structure. Developing the property with 48' as the frontage it is not in the best interest of the citizens of Tukwila or its visitors not does it enhance the "Community image" as specified in the Comprehensive Plan. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. The need for the variance is to optimize the property in the way the code intended by orientating the front yard setback to the higher Classification Street and the narrowest frontage as defined by code. The project was always intended to function as one site including the existing truck fueling, the new retail store in the middle serving both truck and retail customers, new retail fueling to the west and the Seattle City Light property to create a development fronting Interurban Avenue. Sincerely, Duncan Wallace Pedro McCracken Design Group, Inc. 58