HomeMy WebLinkAboutPermit 91-02-V - DUWAMISH OFFICE PARK - PHASE II VARIANCE91-02-v south 112th street pacific highway south
duwamish office park
91-2-V
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
ti
FROM: Denni Shefrin, Associate Planner
DATE: August 5, 1991
SUBJECT: Project Status
1.Design Review
2.Shoreline Substantial Development Permit
3.Variance
cc: Ron Cameron, City Engineer
M E M O R A N D U M .
PIIONE 11 (206) 433.1800 Gary L. VanDusen, Mayor
TO: FILE NOs 91 -3 -DR, EPIC- 23 -91, 91- 4 -SMP, 91-02-V:
Duwamish Office Park, Phase II
No further processing will occur for the following project
applications:
Should the applicant wish to proceed with this project, new
applications and associated fees must be submitted to the
Department of Community Development.
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 PHONE N (206) 433.1800 Gary L. VanDusen, Mayor
June 27, 1991
Mr. Eugene Horbach
E & H Properties
P.O. Box 598
Bellevue, WA 98009
Subject: Duwamish Office Park, Phase II
Dear Mr. Horbach:
The planning staff in several recent meetings has requested a
letter of confirmation from the City of Seattle to be provided by
you specifying the terms of the lease agreement pertaining to
parking on the north portion of the site within the utility
easement.
The letter has been requested by staff in order to verify that land
would be available to accomodate the amount of on -site parking
necessary for this project as proposed.
Because the initial submittal deadline of June 14 was not met,
staff agreed to extend the deadline to June 19th. It was
stipulated that the letter of confirmation must be received by this
date in order to meet all tentative dates previously discussed for
the SEPA Determination and two public hearings.
Because information has not been received, the SEPA determination
and all related permits have been placed on inactive hold for a
three month period. Should the letter not be provided by October
1, 1991, the applications will become null and void.
Feel free to contact me at 431 -3663 if you have any questions on
this matter.
Sincerely,
Denni Shefrin,
Associate Planner
cc: Roger Blaylock
Curtis Beattie
Ron Cameron
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD. TUKWILA, WASHINGTON 98188
May 17. 1991
PHONE p (206) 433.1800 Gan L. VanDusen, Mayor
Roger Blaylock
The Blaylock Company
10717 NE Fourth Street, Suite 9
Bellevue, WA 98004
Subject: Duwamish Office Park II, Meeting Summaries for May 10 and
May 15, 1991
Dear Mr. Blaylock:
The following items were discussed at meetings held on May 10 and
with Curtis Beattie on May 15, 1991. As discussed at the May 10th
meeting, a public hearing for the required variances cannot be
scheduled until the SEPA determination has been reached. A
hearing date has been tentatively scheduled for July 11, 1991;
pending how quickly the revised submittal is received and how
quickly the Public Works Department is able to review and provide
comments.
SEPA
Several issues must be resolved in order to make the SEPA
determination. A list is to be provided which specifies all SEPA
issues and mitigation measures as agreed to at the May 10th
meeting.
Traffic Management Plan (TMP)
The TMP should be incorporated into the completed traffic analysis
to be submitted by May 20th. (See METRO's recommendations
enclosed.)
Schedule
The sequence of permit review /approvals would occur as
1. Shorelines Notice June 3,
2. SEPA Determination June 6,
3. Variance June 11,
4. Shorelines Permit Decision June
5. BAR /Design Review June 25,
Site Plan /Building Design
1. Provide a focal point at the
river by maximizing the river
2. Integrate pedestrian linkages
pedestrian plaza at the 112th
1991
1991
1991
25, 1991
1991
follows:
end of 112th adjacent to the
as a pedestrian amenity.
from Pacific Highway to a
St. terminus. Consider a
Page 2
sculpture garden and /or other amenities at this location.
Provide a concept plan incorporating design features.
3. The traffic analysis should discuss how 112th St. would
function if reduced to a two -way, two lane width.
River improvements.
1. The path should be an all- weather surface with a maximum
separation of 20 feet between the proposed building. The
surface type should be acceptable to the Fire Department.
2. Grasscrete or similar enhanced surfacing should be provided
between the river path and the rear parking area for fire
access.
Building /design.
Two additional design alternatives to the original submittal were
provided at the May 15 meeting. Cross sections and sketches will
be submitted by May 21st. The following are recommendations based
upon these alternatives:
1. Orient the proposed building towards the corner of Pacific
Highway and 112th St. to provide for better pedestrian access
to the transit stop.
2. Enhance the parking area boundary adjacent to the Pacific
Highway /112th St. intersection. Incorporate similar design
form used for the office building.
3. Enhance the building entrance. Consider moving the front
entry structure closer to the circular driveway.
4. Due to the lack of natural light, reduce the outside plaza
area on the north elevation.
5. Specify design the design details for the outside plazas.
6. Demonstrate how the building and 112th St. terminus will
relate to the river environment. Submit concept drawings for
staff's review.
7. Based upon the completed traffic analysis, determine the
necessity of aligning the access driveways on the north and
south sides of 112th St.
Utility Easement.
Provide a copy of the lease term agreement for the utility easement
for the lot north of the project site. The lease term could affect
on -site parking requirements and the total building area permitted
for this project.
The applicant should coordinate with Ron Cameron (Department of
Public Works) to resolve drainage, access and public improvement
issues.
Page 3
Sincerely,
enclosure
1. Completed traffic analysis
2. SEPA impacts, mitigation and conditions list
3. Shoreline stability study
4. Design alternatives for the building
5. Concept plan for plaza areas /112th St. terminus
6. Lease term agreement for the utility easement
7. Cross sections
Denni Shefrin
Associate Planner
cc: Curtis Beattie
E. Horbach
Thaddas Alston
Kent Anderson
Ron Cameron
Phil Fraser
In summary, the following should be submitted no later than May
24th:
The next meeting has been scheduled for May 24th at 9:00 a.m. at
the Department of Community Development to discuss the items listed
above. It is anticipated that all SEPA issues will be resolved by
the second week in June.
Please feel free to contact me if you have questions related to the
contents of this letter.
CITY OF TUKWILA
62 )O SOUTNCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
May 7, 1991
Roger Blaylock
The Blaylock Company
10717 Fourth Street, Suite 9
Bellevue, WA 98004
Dear Roger:
Subject: Duwamish Office Park II
As a follow -up to our May 3rd meeting, the SEPA checklist should be
completed by the middle of June with the variance review
tentatively scheduled for July 11, 1991. This schedule is the
result of submittal delays and a change in scope of the traffic
analysis. The hearing for the variance and design review cannot
proceed until the SEPA dtermination has been completed. , As
discussed on Friday, the information below should be provided in
order to meet tentative meeting dates of July llth for BOA and July
25th for the Board of Architectural Review:
1. documentation of the South 112th Street water easement;
2. parameters for the proposed Transportation Management Plan;
3. revised traffic study;
4. additional archaeological information
Information concerning the water easement should include the
easement and water line dimensions if available.
Our next meeting is scheduled for May 10 at 10:00 a.m. to discuss
the above issues and issues related to project design and siting,
variances and SEPA review and mitigation measures.
Feel free to contact me at 431 -3663 if you have further questions.
Thank you.
Vcerely
J
--D n ni She
Associate
rin
Plarkner
ccs Kent Anderson
Thaddas Alston
Curtis Beattie
PHONE 4 (206) 433.1800 Gary L, VanDusen, Mayor
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
April 12, 1991
Roger Blaylock
The Blaylock Company
10717 N.E. 4th St. # 9
Bellevue, Wa. 98004
RE: VARIANCE REQUEST
50 5/0*
001 00/04e-, 007
,., ysewrs
PIIONE # (206) 433.1800
Dear Mr. Blaylock:
This letter is a follow -up to our meeting on Thursday, April 11,
1991 concerning the direction by DCD (Department of Community
Department). The City decided to schedule a Public Hearing for the
variance, even though, King County handles variances
administratively unless adverse comments are received.
As mentioned throughout the meeting, an expanded environmental
checklist is required in the following areas:
. 7 P &Gnc0474/n 0. i 0 4Vd /07/A D✓:07/G# C lA "
Iiwe s/ l e. *Mtge ,.,,f co►eme s
✓f A eeip1ete traffic analysis of the entire proposal
✓� A visual analysis on the height of the structure
A Geo- Technical report for the entire site
►t. Address the river environment (storm water run -off,
shorelines, etc)
Provide documentation of whether or not this is a
historical site (Indians)
All information shall be submitted no later than, Wednesday, May 1,
1991, for the June 6, 1991 Board of Adjustment Public Hearing. In
the meeting I mentioned that May 10, 1991 would be the deadline.
I apologize for my error. If all the information requested is not
submitted by the above date, the public hearing will be rescheduled
indefinitely until all issues have been addressed.
Also, I indicated that the B.A.R. (Board of Architectural Review)
could meet on the June 27, 1991, provided the variance is approved.
The deadline for submittal for the B.A.R is Thursday, April 25,
1991.
Gary L. VanDusen, Mayor
Page 2
nk You
Darren Wilson
Assistant Planner
Should you have any questions regarding these matters, please .
contact me at 431 -3670.
cc: J. Pace, Senior Planner
M. Kenyon, City Attorney
G. Horbach, E & H Property Owner
,mss PePP7/.19
Pr &Sy
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
ACREAGE:
COMPREHENSIVE
PLAN DESIGNATION:
ZONING DISTRICT:
SEPA
DETERMINATION:
ATTACHMENTS:
STAFF REPORT
TO THE BOARD OF ADJUSTMENT
Prepared March 26, 1991
April 4, 1991
91 -2 -V
E & H Properties
D
From the provisions of King County Shoreline
Master Program Section 25.16.030 (B) general
requirement maximum height of 35 feet for any
building within 200 feet of the shoreline.
The proposed height is 115 feet, 80 feet over
the maximum height limit.
Pacific Highway South and South 112th Street;.
Tukwila, Wa.
520,000 SF
Industrial
M -2 Heavy Industrial
Not Applicable
A. Site Plan /Landscape Plan & Elevation
B. King County Variance Requirements
STAFF REPORT
91 -2 -V
PAGE 2
VICINITY /SITE INFORMATION
1. Project Description: To construct an office building within
200 feet of the shoreline. Also, the height restriction in
the M -2L is 35 feet. The applicant is proposing a building
of 115 feet in height. This exceeds the Zoning requirements
by 80 feet.
2. Existing Development: The site is vacant toward the back
portion of the property, while a Trucking School dominates
the front half directly off Pacific Highway South. City
Light has transmission towers and lines running east and
west along the northern property line.
3. Surrounding Land Use: Directly to the south there is a 5-
story Boeing Customer Service building within 200 feet of
the shoreline. Also, there is a parking lot within 50 and
500 feet of the shoreline. To the east there is IITR
(International Insisition Transportation Resource) with
storage area for the large tractor trailer.
4. Terrain: Flat except for the river
at a 4:1 slope and is covered with
5. Vegetation: The type of vegetation
shrubs.
BACKGROUND
FINDINGS
bank which slopes down
rip rap.
on the site is grass and
The subject site was annexed into the City of Tukwila as part of
the Fire District #1 Annexation on March 1, 1989. The City's
Shoreline Master Program does not encompass any shoreline north
of the 42nd Avenue Bridge. Washington Administrative Code (WAC
173 -19 -044) states that "Until a new or amended program is
adopted by the department, any ruling on an application for
permit in the annexed shoreline area shall be based on compliance
with the pre- existing master program adopted for the area."
Both under King County and the City of Tukwila all the criteria
for granting a variance shall be met. Under King County the
height restriction for any building within 200 feet of the
shoreline is 35 feet, however, under the City of Tukwila, the
STAFF REPORT
91-2-11
PAGE 3
25.16.030 RING COUNTY GENERAL REQUIREMENTS
25.08.600 WATER RELATED USES
maximum height in a M -2L zone is 45 feet whether or not within
200 feet of the shoreline. There are certain areas in which
buildings are outright permitted per 18.50.040 up to 115 feet
with B.A.R. (Board of Architectural Review) approval. This site
does not fall into this category, again, we are implementing King
County regulations for this project.
The site improvements described above have been proposed and
require a variance process prior to applying for a shoreline
permit and Board of Architectural Review.
A. Non -water related and residential developments shall not be
permitted waterward of the ordinary high water mark.
B. Except in those cases when the height requirements of the
underlying zones are more restrictive, no structure shall
exceed a height of thirty -five feet above average grade
level. This requirement may be modified if the view of a
substantial number of residences will not be obstructed, if
permitted by the applicable provisions of the underlying
zoning, and if the proposed development is agricultural,
water related or water dependent.
In addition to the Variance Criteria applicable under
section RCW 90.58.030(2)(b), the following policies and
design conditions stated in Section (25.16.030) General
Requirements of the King County Shoreline Management Program
shall be met.
"Water related uses" or "water related development" means a
principal use which is not intrinsically dependent on
location abutting the ordinary high water mark but which:
A. Promotes the public's enjoyment or access to the water
B. Gains a cost savings or revenue - differentiating advantage,
which is not associated with land rents or cost, from being
located within the shorelines of the state that could not be
obtained at an upland location; such uses include but are
not limited to residential development, boat sales or
restaurants.
STAFF REPORT
91 -2 -V
PAGE 4
The goals of the Shoreline Act are generally to preserve the
natural character of the shoreline; result in long term over
short term benefit; and to protect the resources and ecology
of the shoreline. The Act is intended to plan for the use,
protection, restoration, and preservation of shorelines.
The purpose of the County's urban environment, as this area
is designated, is to ensure optimum utilization of
shorelines and to enhance and maintain the shoreline for a
multiplicity of urban uses. It is expected that urban
shorelines would be redeveloped with higher intensity of
use. The following are the specific policies relating to
this environment:
1. Emphasis should be given to development within already
developed areas.
2. Priority should be given to shoreline dependent and water
oriented uses over other uses. Uses which are neither
shoreline dependent or water oriented should be discouraged
except for residential.
3. Emphasis should be given to developing visual and physical
access to the shoreline in the Urban Environment.
4. To enhance the waterfront and ensure maximum public use,
industrial and commercial facilities should be designed to
permit pedestrian waterfront activities consistent with
public safety and security.
5. Multiple use of the shoreline should be encouraged.
6. Redevelopment and renewal of sub - standard area should be
encouraged in order to accommodate future users and make
maximum use of the shoreline resource.
7. Aesthetic considerations should be actively promoted by
means of sign control regulations, architectural design
standards, planned unit development standards, landscaping
requirements and other such means.
8. Development should not significantly degrade the quality of
the environment, including water quality and air quality,
nor create conditions which would accentuate erosion,
drainage problems or other adverse impacts on adjacent
environments.
STAFF REPORT
91-2-17
PAGE 5
DECISION CRITERIA
Based on the above policies, King County handles this permit
process administratively, therefore, no public hearing is
required unless two or more persons object to the proposal.
The applicable (K.C.) Code criteria are listed in bold followed
by pertinent findings of fact. As mentioned above, King County
handles variance applications administratively.
21.58.020 REQUIRED SHOWINGS FOR A VARIANCE
BEFORE ANY VARIANCE MAY BE GRANTED, IT SHALL BE SHOWN:
1. BECAUSE OF SPECIAL CIRCUMSTANCES APPLICABLE TO SUBJECT
PROPERTY, INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION OR
SURROUNDINGS, THE STRICT APPLICATION OF THE ZONING CODE IS
FOUND TO DEPRIVE SUBJECT PROPERTY OF RIGHTS AND PRIVILEGES
ENJOYED BY OTHER PROPERTIES IN THE VICINITY AND UNDER
IDENTICAL ZONE CLASSIFICATION;
The variance is being requested to allow relief from the height
standards imposed by implementation of the King County Master
Program design standards: A 35 foot building of a non -water
related commercial development shall maintain a shoreline setback
of either fifty feet from the ordinary high water mark or twenty
feet from the edge of the floodway, which ever is greater per
section (K.C. Chapter 25.16.070 (E)).
Therefore, a 3 to 4 story building could be located fifty feet
back from the shoreline, at 200 feet from the shoreline the
building could be increased to 45 feet or 5 stories. This is
assuming recessing the first floor of the parking garage half a
level. The total building area could be approximately 520,000
square feet based on a parking ratio of 2.5 parking spaces per
1,000 square feet. The design would spread out 200,000 square
feet of office space on one floor. The resulting bulk of the
building would force people to walk as far as 600 feet to access
the shoreline.
The design standards for the City of Tukwila encourage and
promote greater use of the shorelines than those of King County.
One way to accomplish this is to move the people closer to the
shoreline. In the past, the City of Tukwila has encouraged
STAFF REPORT
91 -2 -V
PAGE 6
developments to be located closer to the shoreline for easier,
active pedestrian access and recreational use of the area along
the river. This could be considered more of an urban design
focus encouraging pedestrian activity and daily use, not just
weekend recreational use.
The pie- shaped lot dramatically creates an aesthetic dilemma. A
500,000 square foot building could be theoretically constructed
on the site under the existing codes. The effect would be a
building that is squat and basically insensitive to the
shoreline. The shoreline itself is an amenity that should be
utilized and enhanced. Re- configuring the bulk of the building
accomplishes this by not only encouraging more public use of the
shoreline, but providing visual access through aesthetic vistas
for more of the office workers and increasing the landscaping as
a part of the building.
The primary intent of the Shoreline Management Act of 1971 was to
Obtain and Encourage "public use" of the shoreline. An example
of this process is the Boeing Employee Credit Union office
building development under City of Tukwila standards. This
development not only provides public access to the shoreline, but
encourages "pedestrian use ". This is a result of the
architectural design of the building and the physical proximity
to the shoreline. Similarly, Duwamish II can dramatically
increase the opportunity for public access.
On the other hand, the King County ordinance appears to isolate
the shoreline areas from the adjacent uses. This may be an
effort to protect those areas instead of fully utilizing the
amenities by integrating them into adjacent land use. This
reduces the design flexibility to preserve the public's use of
the shoreline encouraging access by creating new urban access
amenities. In this case there are few amenities.
2. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY
DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE
PROPERTY OR IMPROVEMENTS IN THE VICINITY AND ZONE IN WHICH
SUBJECT PROPERTY IS SITUATED;
The project's design will allow a continuation of the public
access that has been provided along the Duwamish River shoreline
by Phase I. The existing rip- rapped shoreline will be enhanced
to create a park -like environment.
In addition, the scale of the proposed office building will be
more compatible with the large scale offices and enormous
manufacturing buildings that are located to the north in the
STAFF REPORT
91 -2 -V
PAGE 7
Oxbow Manufacturing Park and industrial complexes adjacent to
Boeing Field. This project appears to be part of the
evolutionary process away from the disjointed pattern of smaller
manufacturing buildings.
The project's design not only preserves the natural amenities
along the shoreline, but creates new vegetational buffers, while
encouraging public access to the shoreline. The proposed
landscaping and building will create shadows that will help cool
water temperatures in the Duwamish River and promote a salmon
fisheries resource.
King County envisions the creation of a major recreational trail
system along the Duwamish River. This proposal would be a
critical link in the trail system and in fact, would promote the
development of the system at this time. The design of the
walkway has been a discussion point between E & H Properties and
King County Parks Department.
As a part of the network of recreational trails in King County,
this proposal will contribute to Tukwila's portion of the system
along the Duwamish River.
The public interest, as identified by the Shorelines Master
Program, can only gain from granting this application. Public
access to the river will be acquired. The shoreline will be
preserved and landscaping will be enhanced. Planting will
provide additional wildlife habitat, again, the primary benefit
is gained by locating the building close to the shoreline so it
will become attractive not only for the shoreline destination
user. In turn, this will enhance the perceived quality of life.
CONCLUSIONS
Under the normal conditions for a variance, a public hearing is
required, however, the variance criteria using King County's
standards are handled administratively. In the event, adverse
comments are received from at least two persons or agencies
during the comment period which are relevant to the required
showings of K.C.C. 21.58.020 or stating specific reasons why a
public hearing should be held; or
The manager or his designee determines a hearing is necessary to
address issues of vague, conflicting or inadequate information;
or
•
STAFF REPORT
91 -2 -V
PAGE 8
RECOMMENDATIONS
The manager or his designee determines that a hearing is
necessary to address issues of public significance.
1. The pie- shaped lot dramatically creates an aesthetic
dilemma. A 500,000 square foot building could be
theoretically constructed on the site under existing codes.
2. The primary intent of the Shoreline Management Act of 1971
was OBTAIN and ENCOURAGE "public use" of the shoreline.
3. The project's design not only preserves the natural
amenities along the shoreline, but creates new vegetational
buffers, while encouraging public access to the shoreline.
An opportunity exists to enhance the riverbank and to
provide a landscaped transition between the rip rapped
riverbank and a pedestrian pathway.
4. The Duwamish River, although heavily altered by man, still
provides interest and amazement because of nature coexisting
with industrial activity along a heavily developed
shoreline. The applicant takes advantage of this
environment by locating a pedestrian pathway along the
shoreline. The design of the landscaping along the top of
the river bank should be more reflective of a riparian
environment rather than a park -like area.
The Planning Department recommends that a public hearing is
necessary using King County standards. Since the proposal is
well within 200 feet of the shoreline, a Shoreline Permit,
Environmental Checklist, and Board of Architectural Review
hearing will be necessary for the completion of this project.
ATTACHMENT E
SHORELINE VARIANCE CRITERIA STATEMENT
This variance request is for relief from the prohibition of
parking located between the development and the shore (KCC
25.16.030.E.1). In our proposal we are showing fully developed
paved and landscaped parking lot extending to within 30' of the
top of the river bank. The remainder of the proposal is well
within the standards of the Shoreline Management Master Program
(SMP). We therefore respond to the criteria of WAC 173 -14 -150
(2) as follows:
(a) Strict application of the performance standards of SMP
noted above would adversely limit the potential
development of the project in terms of gross square
feet of building as limited by required vehicle
parking, beyond the limitations imposed by SMP directly
and this underlying IG zone.
(b) The hardship noted above is specifically related to the
property, because of the irregular shape of the parcel
and the relatively high percentage of the property
falling within the SMP jurisdiction ( -/+ 18 %) and thus
being further restricted. Other considerations such as
parking ratios and adjacencies, public access to the
shoreline and concern for the visual quality of the
project preclude locating the buildings closer to
shoreline.
(c) This proposal is compatible with other uses and
activities permitted and existing in the area.
Immediately to the East of this project is an existing
paved parking facility which extends to within 30' of
the top of the riverbank just as this proposal is
requesting. The remainder of the development under
this proposal is an expansion of an existing
development and is compatible both architecturally and
in use with the existing facility. In addition to the
parking, this proposal includes landscaping and
development of a levee road which will enhance the
shoreline environment by providing visual enhancement,
soil stabilization and access for levee maintenance.
0 88S
Il" V i':it;>s PILE COPY
,;_1)6, L.
Page Two
Shoreline Variance
(d) This request will not constitute a grant of special
privileges as this condition already exists on the
property immediately east of this project and is in
keeping with the nature of other developments in this
area. In addition, we feel that this approach is the
best solution to the efficient utilization of this site
and is the minimum necessary to afford relief.
(e) The public interest will suffer no substantial
detrimental effect from the granting of this variance.
This proposal will in fact benefit the public interest
in that the view of the waterway will be less impacted
by maintaining the building setback and the public
access to the shoreline will be improved.
The cumulative impact of additional similar variance requests
will be negligible since this proposal represents the last
substantial undeveloped parcel in this area. This variance
request represents our best judgement for the most beneficial .
development of this site. Not only will the applicant benefit,
but the public will also benefit. Greater shoreline access,
better view enhancement, easier access for levee maintenance,
enhanced river frontage, and new landscaping will result from the
granting of this variance.
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DUWAMISH RIVER
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Existing Silver Maple to remain
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SOUTH 112th STREET
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EEE
ZOf1If G CODE UARIRf10E L PLICATIOf- HEIGHT & PARKII 1/91
DEVELOPMENT
ZONING CODE VARIANCE
APPLICATION •
DEPARTMENT OF COMMUNITY
CITY OF TUKWILA.
FOR STAFF USE ONLY
Planner:
File Number:
Cross- Reference Files' Receipt Number:
1. BRIEFLY DESCRIBE YOUR REQUEST:
E & H Properties is requesting two uariances from the prouisions of the King
County Shoreline master Plan which is being implemented by the City of Tukwila
ouer recently annexed areas along the Duwamish Riuer.
The first request is for a height uoriance from the King County Shoreline master
Program Section 25.16.030(8) General Requirement which establishes o
maximum height of 35 feet for any building within 200 feet of the shoreline.
The second uariance to the King County Shoreline master Program Section
25.16.030(E) (1) for parking is to allow surface parking set bock 50 feet from
the ordinary high water murk.
11 separate exception to the City of Tukwila's height limit of 45 feet in the m2L
Zoning District wiill be reviewed as part of the Board of Architectural Reuiew.
Page 1
EM M
\ JAN '3 1 19
1
CITY OF TUKvviLA
p 1_AMNiNCI DEPT.
ZOflIf G CODE URRIRf10E C . PLICATIO11- PARKI(1G & HEIGH1( 1/91
2. PROJECT LOCATION: (Give street address or, if vacant, indicate .
lot(s), block and subdivision; or tax lot number, access street,
and nearest intersection)
Quarter: SE Section: 4 Township: 23 Range 4
(This information may be found on your tax statement)
3. APPLICANT: race: E & H Properties
Address: P,O. Box 598 Bellevue. WA 98008
Pone:
(206) 454 - 5959
Signature: . . - v c/, Date: January 10. 1991
* The appli .' t is the person whoa the staff will contact
regarding the application, and to whom all notices and reports
be sent, unless otherwise stipulated by applicant.
AFFIDAVIT OF OWNERSHIP
4. PROPERTY Name: E & H Properties
OWNER
Address: P.O. Box 598 Bellevue. WA 98008
Phone: (2 . 6) 45 - 5959
I/WE, (signature(s) 1‘
swear that I /we re he owner(s) or contract purchaser(s) of
the property in olved in this application and that the
foregoing statements and answers contained in this
application are true and correct to the best of my /our
knowledge and belief.
Page 2
Date: January 10. 1991
shall
ZOf1If1G CODE URRIAf10E 4„ PLICATIOf1- HEIGHT & PRRKI116 ` 1/91
5, WHY IS THIS UARIRf10E BEI(1G REQUESTED?
RESPOIISE:
The uariance is being requested' o allow relief from the height standards imposed
by implementation of the King County master Program design standards: R 35
foot building of a '...non -water related commercial deuelopment shall maintain a
shoreline setback of either fifty feet from the ordinary high water mark or
twenty feet from the edge of the floodwoy, whicheuer is greater' (KC. Chapter
25.16.070(E)).
Thus o 3 to 9 story building could be located fifty feet back from the shoreline,
Rt 200 feet back from the shoreline the building could increase to 45 feet or 5
stories This is assuming recessing the first floor of the parking garage half a
Ieuel. The total building area could be approximately 520,000 square feet based
on parking ratio of 2.5 parking spaces per 1.000 square feet. The design
would spread out 200,000 square feet of office space on one floor The resulting
bulk of the building would force people to walk as for as 600 feet to access the
shoreline.
The design standards for the City of Tukwila encourage and promote greater use
of the shorelines than King County. One way to accomplish this is to moue the
people closer to the shoreline. In the post the City of Tukwila has encouraged
deuelopments to be located closer to the shoreline for easier actiue pedestrian
access and recreational use of the area along the riuer. This could be
considered more of an urban design focus encouraging pedestrian actiuity and
daily use not just weekend recreational use.
On the other hand, the King County ordinance appears to isolate the shorelines
urea from the adjacent uses. This may be an effort to try to protect those
areas instead of fully utilizing the amenities by integrating them into ad jocent
land use. This reduces the design flexibility to preserue the publics use of the
shoreline encouraging access by creating new urban access amenities. In this
case there are few amenities. The shoreline has been armored in the past and
filled. Only one major tree exists on the site.
Page 3
ZOf1If1G CODE URRIRf10E AP PLICRTIOfI- HEIGHT & PRRKI11G
Our uariance request is simple. We are proposing budding 'uertical streets' by
increasing the height instead of 'horizontal streets We are not increasing the
allowable building bulk, instead we are creatiuely redesigning the building to to
be stacked closer to the riuer and increase light and air. This design will also
prouide easier access to the riuer by the office workers.
25,16,030 B, King County General Requirements
1/91
Except in those cases when the height requirements of the underlying zones are more
- restrictiue, no structure shall exceed a height of thirty -fiue feet aboue auerage grade
Ieuel, This requirement may be modified if the uiew of a substantial number of
residences will not be obstructed, if permitted by the applicable prouisions of the
underlying zoning, and if the proposed deuelopment is agricultural, water related or
water dependent,
In addition to the Uariance Criteria applicable under Section RCW 90.58.030(2)(b), the
following three policy and design conditions stated in Section (25,16,030) General
Requirements of the King County Shoreline management master Program must be met
first:
A, If the proposed deuelopment is agricultural, water related or water dependent;
KI(1G COUf1T J OEFIf1ITI0ns
25.08,600 Water Related Uses
"Water related use" or "water related deuelopment" means a principal use
which is not intrinsically dependent on a location abutting the ordinary high
water mark but which:
A, Promotes the public's en joyment or access to the water; or
B. Gains a cost sauings or reuenue- differentiating aduantage, which
is not associated with land rents or costs, from being located within
the shorelines of the state that could not be obtained at an upland
Page L
ZOf1If1G CODE UARIA(10E APPLICATIO11- HEIGHT & PRRKIt1G
location; such uses include but are not limited to residential
deuelopment, boat sales or restaurants.
1/91
The Duwamish II Office Complex should be considered a 'water related use
because of both the project's architectural and site design components, which
not only 'promotes the public's enjoyment' and 'access to the water. but
provides on improued public park -like access to the Duwamish Riuer along the
shoreline at no cost to the public for either deuelopment or maintenance.
This is accomplished by creating outdoor terraces where the workers can en joy
the scenic riuer uiew and by creating more uisual access from the building to
the riuer instead of creating o squat lifeless building.
B. If permitted by the applicable prouisions of the underlying zoning;
The property upon annexation into the City of Tukwila was designated ID -2L
DISTRICT --HEM IDDUSTRIRL /SPECIAL LRf1DSCAPIt1G.
USE:
This use allows any principal use allowed in the 111-1 or M -2, which under Section
18.90.020(13) allows:
"Commercial, professional, and business offices and seruices."
Therefore an office building is an allowed use in the (11-2L DISTRICT -- HERO
I(1DUSTRIRL /SPECIAL LR(1DSCAPIf1G.
HEIGHT:
Height limitations are created in the Tukwila Zoning Code under Chapter 18.50
HEIGHT, SETBRCK Rf1D AREA REGULRTIOflS.'
Specifically Section 18.50.020 (Table 1) sets the maximum building height at H5
feet in the m -2 District. Building Height Exception Area (Map 2) identifies the
sub ject site as allowing a height up to and including 115 feet with B.R.R.
Page 5
ZOflIf1G P ODE UARIA(10E RPPLICATIOf- HEIGHT & PARKII16 1/91
SUMO" 9:
Authorization of building height greater than the .heights contained in Section
18.090.020 (Table 1) up to an including one hundred fifteen feet in the areas of
the city designated on Map 2, shall be made by the planning commission acting as
the board of architectural reuiew pursuant to the guidelines and procedures
specified in Chapter 18,50. (TMC 18,50.090)
Building permits for structures exceeding the basic height limits, no building
permits for structures which exceed the•basic height limits may be issued until
such time as the planning commission has reuiewed and approued an application
for height exception. Rll applications for building permits for structures
authorized under this section shall conform strictly to the plans approved by the
BAR in its grant of exception, (TMC 18.50.060)
Therefo e the uariance for height exception is specially allowed subject to the
design euiew process of the m -2L District.
C. If the uiew of a substantial number of residences will not be obstructed;
The sub ject site is located in the center of a planned heauy industrial area that
is currently under deuelopment. Some single family residences he just to the
west a•ross the Duwamish Ritter. These residences will euentually be
redeuel sped into industrial uses. The nearest existing residential area that is
planned to remain residential in charater is approximately one -half mile away.
This re- idential area. southwest of the site, lies on a plateau more than 115
feet abi ue the ualley floor. Therefore. the building eleuation will not be any
obstruc ion of uiews from residences.
The pro i osed deuelopment complies with all three of the policy criteria in
Section 25.16.030; therefore it is appropriate to apply for the variance.
Paae 6
ZO(lIf1G CODE UARIAf10E cr'PLICATI0l- HEIGHT & PARKIflG 1/91
6. DOES JOUR REQUEST MEET THE UARIAf10E CRITERIA ?
RESPO(1SE: HES.
The Board of Adjustment will base its decision on the specific criteria shown below, Jou
are solely responsible for justifying why your property should not haue to satisfy the
same deuelopment standards which all other properties /projects must meet, The Board
must decide that your uariance request meets all fiue criteria, Be specific; a "yes" or
"true" is not a sufficient response. Additional sheets should be attached if needed,
The Planning Staff has prouided some examples to help you respond to each criteria.
Please feel free to use or ignore these as you see fit, The Board will make a decision
based on the bold criteria, not staff examples,
* *flOTE The Board of Adjustment would normally base its decision on a specific criteria
delineated by the City of Tukwila, Howeuer, in this case since, the City is implementing
policies and criteria adopted by King County, the criteria from King County and the State
of Washington must be utilized,
6,A (City of Tukwila)
The uariance shall not constitute a grant of special priuilege, inconsistent with the
limitation upon uses of other properties in the uicinity and in the zone in which the
property on behalf of which the application was filed is located.
Example: Explain how your requested uariance would not giue you a special priuilege in
your use of the property in relation to the requirements imposed on adjacent and
neighboring properties and on properties with the same zone classification.
(King county)
That the uariance authorized does not constitute a grant of special priuilege not, enjoyed
by the other properties in the area, and will be the minimum necessary to afford relief.
Page 7
ZOflI(1G CODE UARIAf10E PLICATIOfI- HEIGHT & PARKIf G( : 1/91
RESPOfItE:
Strict application of the height standards would:
(1) reduce and discourage public access and use of the shoreline by spreading
the building out ouer the entire site and creating a uisual barrier;
(2) unreasonably limit the floor area on this unusually- shaped lot which is
presently constrained by regional power line and water line easements
that are located on the northern and southern boundaries of the site;
(3) reduce the amount of potential landscaping along the shoreline by forcing
the construction of a 35 foot high wall 50 feet back from the shoreline
This building design will provide additional horizontal landscaping
adjacent to the shoreline in the form of terraces. The aesthetic
perception will be enhanced by the uertical dimension.
COfICLUSIOfI: Specifically, the pie- shaped lot dramatically creates an aesthetic
dilemma. R 500.000 + square foot building could be theoretically constructed on
the site under the existing codes. The effect would be a building that is squat,
and basically insensitiue to the shoreline. The shoreline itself is an amenity that
should be utilized and enhances. Reconfiguring the bulk of the building
accomplishes this by not only encouraging more public use of the shoreline. but
prouiding uisual access through aesthetic uistas for more of the office workers
and increasing the landscaping as a part of the building.
The primary intent of the Shoreline Management Act of 1971 was to OBTHIO A(1D
Ef1COURAGE "public use of the shoreline.
The recently completed Boeing Credit Union office building. deueloped under City
of Tukwila standards. not only prouides public access to the shoreline, but
encourages 'pedestrian use'. This is a result of the architectural design of the
building and the physical proximity to the shoreline. Similarly, Duwamish II can
dramatically increase the opportunity for public access.
Page 8
zOflIf1G CUUE URRIA[ICE K...'LICRTIOR- HEIGHT & PRRKII16( 1/91
6,B (City of Tukwila)
RESPOflSE:
The uariance is necessary because of special circumstances relating to the size, shape,
topography, location or surrounding of the sub ject property in order to provide it with
use rights and priuileges permitted to other properties in the uicinity and in the zone in
which the sut ject property is located.
Example :. DOes a special property characteristic such as size, shape topography,
combined with the zoning code requirement, preuent you from using your property in the
manner of adjacent properties or other like -zoned properties?
Special circumstances should not be due to: 1) actions by past or present property
owners (i.e„ deueloping or subdiuiding property which in an extremely difficult to
build parcel) or paying more for property than was justified by its deuelopment
potential; or 2) actions which haue already been compensated for (i,e„ the State
condemns a portion of land for I -5 construction and compensates the owner for the
diminished ualue of the'remaining parcel.
(King County)
That the hardship described in WRC 173- 19- 150(1)(a) above is the result of the unique
conditions such as irregular lot shape, size, or natural features and the application of
the master Program, and not, for example, from deed restrictions or the applicant's
own actions.
Hardship is the result of the triangular shape of the lot and the curue of the
shoreline. The power line and woter line easements isolate and significantly
limit the functional use of this lot. The King County Blaster Program standards.
do not encourage reuitalization of the shorelines as do the design standards of
the City of Tukwila. The City of Tukwila encourages the creation of a user
friendly enuironment for its shorelines that promotes pedestrian access and
enjoyment.
Page 9
c_ui i.iILIL 11 1N,ii1!:.�
6,C (City of Tukwila)
RESPOf1SE:
(King County)
LiLfliivi i iiL.iu11 u i'iii�iniiiU 1/ .`71
l
The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improuements in the uicinity and in the zone in which the
subject property is situated,
Example: Would granting your request cause an harm, in jury, or interference with
uses of adjacent and neighboring properties? (Consider traffic, uiews, Tight, aesthetic
impacts, etc.)
That the public interest will suffer no substantial detrimental effect.
That the design of the project will be compatible with other permitted actiuities in the
area and will not cause aduerse effects to adjacent properties or the shoreline
enuironment designation,
CUMULATIUE CRITERIA
In granting of all uariance permits, consideration shall be giuen to the cumulatiue impact
of additional requests for like action in the area.
The project's design will allow a continuation of the public access that has been
prouided along the Duwamish Riuer shoreline by Phase I. The existing rip- rapped
shoreline will be enhanced to create a park like enuironment pleasant to the
public.
In addition. the scale of the proposed office building will be more compatible
with the large scale office and enormous manufacturing buildings that ore
located to the north in the Oxbow manufacturing Park and industrial complexes
adjacent to Boeing Field. This project appears to be part of the euolutionary
process away from the dis jointed pattern of smaller manufacturing.
Page 10
ZOfI(1G CODE UARIAIICE Irr'LICRTIO11- HEIGHT & PARKIfG 1/91
The project's design not only preserues the natural amenities along the
shoreline, but creates new uegetotional buffers. while encouraging public access
. to the shoreline. The proposed landscaping and the building will create shadows
that will help cool water temperature in the Duwamish Riuer and promote a
salmon fisheries resource.
King County enuisions the creation of a major recreational trail system along
the Duwamish Riuer. This proposal would be o critical link in the trail system
and in fact. would promote the deuelopment of the system at this time. The
design of the walkway has been a discussion point between E & H Properties and
King County Parks Department.
As a port of the network of recreational trails in King County, this proposal will
contribute to Tukwila's portion of the system along the Duwamish Riuer.
The public interest. as identified by, the Shorelines master Program. can only
gain from granting this application. Public access to the riuer will be acquired.
The shoreline will be preserued and landscaping will be enhanced. Planting will
prouide additional wildlife habitat. Again. the primary benefit is gained by
locating the building close to the shoreline so it will become attractiue not only
for the shoreline destination user, but draw the office user into a daily actiue
use relationship with the shoreline. In turn, this will enhance the perceiued
quality of life of the general citizen.
6,D (City of Tukwila)
The authorization of such uariance will not aduersely affect the implementation of the
comprehensiue land use policy plan.
Example: After a review of the City's Comprehensiue' Land Use Policy Plan, list any
inconsistencies between your uariance and the Plan's goals, ob jectiues or policies.
Page 11
ZOfI(1G CODE UARIAf10E PLICATIO11- HEIGHT & PARKIDB(J 1/91
RESPONSE:
Most of the shoreline along the Duwamish Riuer in this uicinity has preuiously
been deueloped under King County Standards. Redeuelopment of some of the
older uses will allow a blending rnd transition from the deuelopment completed in
King County with the proposed si andards of Tukwila.
not granting the variance would eliminate the possibility of blending the design
of site into the generally accepted existing pattern of deuelopment in Tukwila.
It would require a continuation of the old style of deuelopment in shoreline areas
from King County that is presenlly inconsistent with deuelopment standards of
the City of Tukwila's Shoreline Master Plan.
6.E (City of Tukwila)
RESPONSE:
The granting of such uariance is necessary for the preseruation and enjoyment of a
substantial property right of the applicant possessed by the owners of other properties
in the same zone or vicinity.
Example: Without the uariance, no uses for which your property is zoned (i,e., for a
single - family residence or commercial site) would be possible. Without the uariance,
rights of use of your property would not be the same as for other similarly zoned
property, Describe other alternatiues for use of your property. Why were these
alternatiues rejected?
The project site is not the typical rectangular industrial or office site. Under
the present City of Tukwila codes a larger building than is being proposed
appears possible to be constructed. Howeuer. this is not a typical industrial
site; it is shoreline site. Preuious deuelopment in the area has turned their
backs to the shoreline. Actually discouraging access and public use. Here is the
opportunity to not only use the shoreline. but enhance the shoreline enuironment.
Page 12
2O{lIf1G CODE URR1ARCE ( 'LICRTIOII- HEIGHT & PHRKII IG ( . 1/91
The recently completed Boeing Credit . Union office building, deueloped under City
of Tukwila standards, not only prouided public access to the shoreline, but
encourages 'public use because of the physical proximity of the building to the
shoreline. Should not this site be giuen the same opportunity?
The scale of the proposed office building will be more compatible with the large
scale office and enormous manufacturing buildings that are located to the norf;i
in the Oxbow Manufacturing Park and industrial complexes adjacent to the
Boeing Field. Our office project appears to be part of the euolutionary process
from a dis jointed pattern of smaller manufacturing operations to the larger
modern office /manufacturing parks.
PARKI116 UARIAf10E
The second uariance to the King County Shoreline master Program Section
25.16.030[ El (1) for parking is to allow surface parking set buck SO feet from
the ordinary high water mark.
5, WHd IS THIS URRIRf10E BEIf1G REQUESTED?
RESPOf1SE:
The uariance is being requested o allow relief from apparent 200 setback
standards for the location of parking areas adjacent to shorelines. There is
some question as to the need to submit a uariance since the language states:
'Parking areas serving a water related or a nonwater related use must be
located beneath or upland of the deuelopment which the parking serues.'
The surface parking urea in question is to the north of the office building and is
under the City of Seattle Power Lines. It is landward of the building setback at
50 feet from the ordinance high water mark. but to assure that the issue is
address we are submitting the uariance for procedure.
Page 13
ZOflIf1G CODE UARIA(10E ('LICA T IO11- HEIGHT & PRRKII1G (; 1/91
In any case, the height of the landscaping under the ouerheod powerlines will be
significantly limited.
6, DOES YOUR REQUEST fI1EET THE URRIRIICE CRITERIA ?
RESP0f1SE: JES.
The Board of Adjustment will base its decision on the specific criteria shown below. You
are solely responsible for justifying why your property should not have to satisfy the
same deuelopment standards which all other prcperties /projects must meet. + The Board
must decide that your uariance request meets all fiue criteria. Be specific; a "yes" or
"true" is not a sufficient response, Additional sheets should be attached if needed,
The Planning Staff has prouided some examples to help you respond to each criteria,
Please feel free to use or ignore these as you see fit, The Board will make a decision
based on the bold criteria, not staff examples.
* *flOTE The Board of Adjustment would normally base its decision on a specific criteria
delineated by the City of Tukwila, Howeuer, in this case since, the City is implementing
policies and criteria adopted by King County, the criteria from King County and the State
of Washington must be utilized.
6,A (City of Tukwila)
The variance shall not constitute a grant of special priuilege inconsistent with the
limitation upon uses of other properties in the uicinity and in the zone in which the
property on behalf of which the application was filed is located,
Example: Explain how your requested variance would not giue you a special priuilege in
your use of the property in relation to the requirements imposed on adjacent and
neighboring properties and on properties with the same zone classification.
(King county)
Page 19
ZOfI(1G CODE UARIAl10E Ar- r'LICATIOf1- HEIGHT & PRRKIf1G 1/91
. That the variance authorized does not constitute a grant of special privilege not en joyed
by the other properties in the area, and will be the minimum necessary to afford relief.
RESPOf1SE:
The uariance to allow surface parking within 200 feet of the shoreline has
preuiously been approued in Duwamish Phase I. Granting this variance would
allow a general consistency of landscaping widths along this bunk of the
Duwamish Riuer.
6.8 (City of Tukwila)
The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surrounding of the sub ject property in order to provide it with
use rights and privileges permitted to other properties in the uicinity and in the zone . in
which the sub ject property is located,
Example: Does a special property characteristic such as size, shape topography,
combined with the zoning code requirement, preuent you from using your property in the
manner of adjacent properties or other like -zoned properties?
Special circumstances should not be due to: 1) actions by past or present property
owners (i.e., developing or subdividing property which results in an extremely difficult to
build parcel) or paying more for property than was justified by its deuelopment
potential; or 2) actions which have already been compensated for (i.e„ the State
condemns a portion of land for I -5 construction and compensates the owner for the
diminished value of the remaining parcel.
(King County)
That the hardship described in WAC 173- 19- 150(1)(a) above is the result of the unique
conditions such as irregular lot shape, size, or natural features and the application of
the master Program, and not, for example, from deed restrictions or the applicant's
own actions.
Page 15
RESPOf1SE:
6,C (City of Tukwila)
(King County)
CUmULRTIUE CRITERIR
Page 16
20flIfIG CODE URRIRf10E cLICRTI011- HEIGHT & PRRKIf16
The property in question is 200 feet wide along the shoreline.. Typical
landscaping can not be placed on this 200 foot strip because of possible
interference with overhead power lines. The underlying zoning allows the
plocement of structures within the 200 ,foot setback; howeuer it appears to
prohibit parking.
The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improuements in the uicinity and in the one in which the
sub ject property is situated.
Example: Would granting your request cause any harm, in jury, or interference with
uses of adjacent and neighboring properties? (Consider traffic, uiews, Tight, aesthetic
impacts, etc,)
That the public interest will suffer no substantial detrimental effect,
1/91
That the design of the project will be compatible with other permitted actiuities in the
area and will not cause aduerse effects to adjacent properties or the shoreline
enuironment designation,
In granting of all uariance permits, consideration shall be. giuen to. the . cumulatiue impact
of additional requests for like action in the area.
ZOflIf1G CODE UARIAflCE (. ?LICATIOf- HEIGHT & PHRKII1G(.) 1/91
• RESPOf1SE:
The granting of the uariance would be consistent. It would not be detrimental
because the use of the property for landscaping has been preuiously limited by
deed restriction. There are limited riuer crossings of high voltage power lines.
In addition. the power line should be considered a regional necessity when
uariable use criteria should be applied.
6,0 (City of Tukwila)
RESPOf1SE:
The authorization of - such uariance will not aduersely affect the implementation of the
comprehensiue land use policy plan.
Example: After a reuiew of the City's Comprehensive Land Use Policy Plan, list any
inconsistencies between your uariance and the Plan's goals, ob jectiues or policies.
The comprehensiue plan recognizes the use of the property as power
transmission corridor, while the zoning code zones the property for industrial
use. This would suggest a certain compatibility between commercial /industrial
uses and public use.
6.E (City of Tukwila)
The granting of such uariance is necessary for the preseruation and en joyment of a
.substantial property right of the applicant possessed by the owners of other properties
in the some zone or uicinity,
. Example: Without the uariance, no uses for which your property is zoned (i,e„ for a
single - family residence or commercial site) would be possible, Without the uariance,
rights of use of your property would not be the same as for other similarly zoned
property. Describe other alternatiues for use of your property. Why were these
alternatiues rejected?
Page 17
2O Ill iu CODE UARIAnCE C LICATI011- HEIGHT & PARKIFIG
RESPOf1SE:
1/91
Other property owners within the uicinity haue utilized the area under high
uoltage power transmission lines for commercial or industrial storage. Parking
should be consider on appropriate complementary use unless there are slope or
wetland problems.
VC/A//7Y M111
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