Loading...
HomeMy WebLinkAboutPermit 77-35-V - PETER SKARBO - SIDEYARD VARIANCE77-35-v 16705 southcenter parkway skarbo peter variance PLANNING PARKS L RECREATION BUILDING 12 September 1977 Mr. Peter Skarbo 1420 Second Avenue Seattle, Washington 98101 CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT RE: Variance Application @ Srtuthcenter Parkway Dear Mr. Skarbo: Gary Crutch ield Assistant lanner GC /ch cc: Mayor Bauch Dir, OCD Bldg Off The Tukwila Board of Adjustment, at its regular meeting of 1 September 1977, conducted a public hearing to consider your application for variance from Section 18.30.040 (Side Yard Setback) of the Tukwila Municipal Code (TMC). The Board, upon due consideration of all testimony received during the hearing and based on the Findings and Conclusions of the Staff Report, wholly granted the variance from Section 18.30.040 (TMC) only if the subject parcel of property is reclassified for commercial use. Hence, this variance will not be recognized by this office in the absence of commercial zoning. This correspondecne shall constitute variance authorization in compliance with the stipulation explained hereinabove and must accompany application for build -, ing permit. Should you have any questions, please contact me at your convenience. Sincer;ly, 6230 Southcenter. Boulevard u Tukwila, Washington 98188 a (206) 292 -2177 PARA3 6 RECREATION CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT BOARD OF ADJUSTMENT Minutes of the Meeting, 1 September 1977. The regular September meeting of the Tukwila Board of Adjustment was called to order at 8:00 P.M. by Chairperson Altmayer with Board members Johanson, James, Goe and Duffie present. Gary Crutchfield represented the Planning Division. Chairperson Altmayer called for approval of minutes noting that both the June and July minutes require action. Motion by Mr. Duffie, seconded by Mr. James and carried to approve the June minutes as presented. Motion by Mr. James, seconded by Mr. Duffie and carried to approve the July minutes as presented. Mr. Johanson abstained from voting on both motions as he was not present at either of the two meetings. Chairperson Altmayer questioned the progress of the study on undergrounding of utilities. Mr. Crutchfield explained that due to the current and projected workload the study has not as yet begun but hopes to submit report to the Mayor in October. Chairperson Altmayer introduced and welcomed new member Mr. Reid Johanson to the Board. NEW BUSINESS IANCE: Side Yard Setback (Skarbo) Chairperson Altmayer opened the Public Hearing at 8:10 P.M. and Mr. Crutchfield read the application and Staff Report. Mr. John Mahlum, architect representing the applicant, stated he had nothing to add to the Staff Report but would answer any questions. 6230 Southcl:nLer Boulevard a Tukwila, Washington 93188 a (206) 242 -2177 Board of Adjustment Page 2 Minutes 2 September 1977 Mr. Goe pointed out that were the Puget Power site zoned C -2, this variance application would not be necessary. Mr. Crutchfield noted that alternative had been recommened by Staff to the applicant but nothing had evolved in that respect. Mr. Mahlum confirmed Mr. Crutchfield's comment and further explained that the Skarbo project could not wait for a decision from Puget Power. Mr. Johanson stated he felt the most appropriate means would be a rezone of the Puget Power site; however, the Skarbo project would be unduly delayed by such an action. Therefore, this variance appears appropriate inasmuch as the public welfare is not adversely affected. Board discussed precedent - setting effect concluding this is a unique case and will not establish an undesirable precedent. Motion by Mr. Goe, seconded by Mr. James and carried that based on the Findings and Conclusions of the Staff Report the Board wholly grant the variance from the eight -foot side yard requirement of Section 18.30.040 if the parcel is re- classified for commercial use. Chairperson Altmayer, noting the Public Hearing had not been formally closed, did so at 8:35 P.M. VARIANCE: Parking Requirement (Doubletree Inn) Mr. James stated he knows the applicant, Mr. Timothy DuBois, as a result of working with Mr. DuBois as a member of the Natural Environment Element Commit- tee of the proposed Comprehensive Plan. Mr. Crutchfield stated such a relation- ship does not constitute disqualification. Chairperson Altmayer opened the Public Hearing at 8:40 P.M. and Mr. Crutchfield read the Staff Report. Mr. Timothy DuBois, Doubletree Inn, stated a great deal of research had gone into the Parking Variance Proposal and would answer any questions the Board may have. Introduced Mr. Bob Smith, architect for proposal, who displayed and explained drawings depicting site and elevation plans and extent of multiple use. Mr. Goe questioned the anticipated number of employees at the freestanding restaurant. Mr. Smith indicated about 15 persons would be employed by the individual restaurant. Board questioned statistics on the peak parking demand and actual counts. Mr. Smith displayed the peak demand graphs found in the application and Mr. DuBois explained the shifts of peak parking demand. Essentially, their peak parking demand occurs twice daily, once at noon and again at about 9:00 P.M. Chairperson Altmayer questioned the rationale for adjusting the explicit Code requirement for 1 parking space for each room of a hotel or motel. Mr. Crutchfield explained the principal factor leading to adjustment is the common occurrence rate of hotel room guests arriving from the airport to attend a one to three day conven- 1 September 1977 AGENDA ITEM I V A : REQUEST: APPLICANT: LOCATION: SIZE: ZONE: COMPREHENSIVE PLAN: FINDINGS: CITY OF TUKWILA PLANNING DIVISION BOARD OF ADJUSTMENT STAFF REPORT 'AA/ ! 8:00 P.M. PUBLIC HEARING: VARIANCE (SKARBO) VARIANCE from side yard setback (18.30.040 TMC) Peter Skarbo, 1420 Second Avenue, Seattle 98101 Immediately North of Puget Power Substation on west side of Southcenter Parkway approximately 1100 feet south of Strander Boulevard. + 32,000 square feet R -1 and C -2 INDUSTRIAL (Existing Plan) COMMERCIAL (Proposed Plan) The applicant has applied for rezone from R -1 to C -2 for the total site and this application is predicated on favorable action by the City with regard to the commercial zoning on the entire parcel. A c C loo AL 1. Assuming favorable action by the City Council regarding the applicant's petition for reclassification, the subject parcel and surrounding parcels are zoned as depicted in Exhibit A. 2. The actual use of parcels is depicted in Exhibit B. 3. A Special Use Permit granted in July 1973 to Puget Power authorized con- struction of an electrical substation on that parcel indicated in Exhibit B as owned by Puget Power. 4. The development of the substation provided a 30 -foot wide side yard on the north portion of the Puget Power property. 5. According to Puget Power's Substation Division in Renton, the minimum expected lifetime of the substation is forty (40) years. Board of Adjustment Page 2 Staff Report 1 September 1977 6. The applicant has proposed development of a retail outlet on the subject parcel as depicted in Exhibit C. 7. Section 18.30.040 (TMC) requires no side yard in the commercial zone UNLESS the commercial parcel abuts or adjoins a residentially -zoned parcel, in which case the commercial development is required to provide an eight - foot wide side yard. 8. All parcels located north of the Puget Power site are zoned C -2 (Commercial). Ultimate development under 18.30.040 could result, theoretically, in no side yards. CONCLUSIONS: 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; CONCLUSION: All parcels north of the subject site are zoned commercial and development thereunder has the right to place buildings on the side property line. Hence, the granting of the variance to allow placement of the proposed building on the side property line would not constitute a grant of special privilege which the nearby commercial parcels do not enjoy. 2. That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property, 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; CONCLUSION: Residential zones assume residential development. In this case, the residential zone adjacent the south line of the subject parcel is used for an electrical substation, the minimum lifetime of which is expected to be 40 years. Since commercial developments are normally not required to pro- vide side yards between non - residential developments, the variance is necessary because of the non - residential development of the residential zone. 3. That the special conditions and circumstances do not result from the actions of the applicant; CONCLUSION: The fact that the residentially -zoned parcel located immediately south has been developed to a non - residential character cannot be attributed to the applicant. 4. That 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; wib Board of Adjustment Page 3 Staff Report 1 September 1977 CONCLUSION: The substation development includes a 30 -foot wide side yard along its north property line, far in excess of any side yard required under the commercial development restrictions. The nearest residential development is located at least 250 feet south of the subject parcel and residential development of the Puget Power site cannot be reasonably expected even in the long term. Hence, granting the variance will neither be materially detrimental to the public welfare nor injurious to surrounding properties or improvements. 5. The authorization of such variance will not adversely affect the implemen- tation of the comprehensive land use plan; CONCLUSION: Since both the existing and proposed Comprehensive Land Use Plans promote, respectively, either industrial or commercial developments all along the west side of Southcenter Parkway and neither of the Plans promote maintenance of the residential uses existing more than 250 feet south of the subject parcel, granting the variance will not have an adverse effect on either of the Plans. 6. That the granting of such a 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. CONCLUSION: The right to place a building on the side property line is a substantial one for commercial developments and is enjoyed by all other commercially -zoned parcels situated north of the subject site. Unless the side yard requirements will mitigate the effects of commercial development adjacent to a residential use, a variance from such setback requirement is necessary to provide this property with a substantial right enjoyed by sur- rounding commercially -zoned properties. SUMMARY The existence of the residential classification, in this case, is overridden by the actual use of the adjacent property as well as both of the Comprehensive Plans. The provision of an eight -foot side yard by this development adjacent town exist- ing 30 -foot side yard provided by a long -term electrical substation is superfluous and the requested variance is necessary to provide the subject parcel with use rights enjoyed by similar properties in the vicinity, assuming the property is reclassified to C -2. RECOMMENDATION: 66-e, I 3 U -S Based on the Findings and Conclusions contained in.this Report, Staff recommends the variance from the eight -foot side yard requirement of Section 18.30.040 (TMC) be wholly granted ant -y. if the parcel is reclassified for commercial use. exhibit a skarbo variance exhibit b skarbo variance first floor plan site plan exhibit c section a0a Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Marg'.8r et...Eai1b8.U,gb being first duly sworn on oath, deposes and says that)$.h.P.. is the C b f . . . .:1ex'k of THE RENTON RECORD - CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record - Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a ..:la.ic.e...o.f....ubli.a Hearing as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 3 consecutive issues, commencing on the .1.9 day of A.1.1(. U.B ,1977 , and ending the 3 day of August ,19.. both dates inclusive, and that such newspaper was regularly distributed to its sub - scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 16.;.14.8, which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. 41g.ut , 1971... V.P.C. Form No. 87 .01.4.0.0,,L4A1cue. cbiol Subscribed and sworn to before me this 3 . 1 day of nd for the State of Washi residing at Kent, King Notary Publle — Passed by;the Legislature, 1955, known as Senate Bill 281, effective June 9th,. 1955. — Union Telegraph Co. rules for counting words and figures, adopted by the zlewspapers of the State. J ton, ounty. MAHUTM MAHLUM NOR S ARCHITECTS 10 August 1977 Mr. Gary Crutchfield Assistant Planner City of Tukwila 6230 Southcenter Blvd. Tukwila, Washington 98188 Reference: Skarbo Applications for Rezone & Variance Subject: Neighboring Property Owners Dear Mr. Crutchfield: Per your request, the following is a list of property owners within 300 feet of Mr. Skarbo's property: 1. Puget Sound Power & Light Real Estate Division Puget Power Bldg. Bellevue, Washington 98009 2. Alstores Realty Corp. 7o Le' Roy Miller P. 0. Box 12510 Seattle, Washington 98111 3. Bon Marche Wilbur Fix 3rd & Pine Street Seattle, Washington 98104 4. Matt Mikana 16813 Southcenter Parkway Tukwila, Washington 98188 5. Irvin A. Iverson 950 Andover Park East Tukwila, Washington 98188 We trust this information is as you require. JM /ey cc: Mr. Skarbo File C A Prollreekmal HenlceCanorNla. Edward M.hlam MA C81 .Iohn Mahlam A1A %inventNordlbr. A1A x114 Thonrtolse W Swill, V..9819O 904119134131 1 September 1977 (date) CITY OF TUKWILA • NOTICE OF PUBLIC HEARING 8:00 P.M. (time) Notice is hereby given that the Tukwila BOARD OF ADJUSTMENT will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th Avenue South, to consider .,a VARIANCE from the SIDE YARD SETBACK requirement on a parcel of property generally located between Interstate 5 Freeway and Southcenter Parkway and approximately 1000 feet south of Strander Boulevard' All interested persons are encouraged to appear and be heard. Gary Crutchfield, Secretary Tukwila Board of Adjustment • For further information contact Gary Crutchfield at 242 -2177. Published in the Renton Record - Chronicle on 19, 24 & 31 August 1977 . Puget Sound Power & Light, Real Estate'DiVi.sion Puget Power Bldg. Bellevue, WA 98009 Alstores Realty Corp. c/o Le Roy Miller P.O. Box 12510 Seattle, WA 98111 Bon Marche c/o Wilber Fix 3rd & Pine St. Seattle, WA .98104 AFFIDAVIT Subscribed and sworn to before me this 19 Notary Public in and for the State of Washington, residing at Matt Mikani. 16813 Southcenter Parkway Tukwila, WA 98188 Irvin A. Iverson 950 Andover Pk. E. Tukwila, WA 98188. I, • Gary Crutchfield , being duly sworn, hereby declare that all legal notice requirements of Title 18 have been ful- filled and a notice has been mailed to each of the following addresses. 1 September 1977 (date) CITY OF TUK4'WILA • NOTICE OF PUBLIC HEARING 8:00 P.M. (time) Notice is hereby given that the Tukwila BOARD OF ADJUSTMENT will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th Avenue South, to consider ; a VARIANCE from the SIDE YARD SETBACK requirement on a parcel of property generally located between Interstate 5 Freeway and Southcenter Parkway and approximately 1000 feet south of Strander Boulevard. All interested persons are encouraged to appear and be heard. Published in the Renton Record - Chronicle an Gary Crutchfield, Secretary Tukwila Board. of Adjustment For further information contact. Gary Crutchfield at 242 -2177. 19, 24 & 31 August 1977 . Astarte ne,laarn Received From Address P117 c: r _ Dollars �� cam_ Y9 D-V f r Af:T. C :F ACCOUNT AMT. A'.'CD CA:AF D'JE AMT. OF ACCOUNT AMT. PAID BALANCE DUE r C E 1, Received From Address For AMT. OF ACCOUNT AMT. FAID BALANCE DUE For Atli OF ACCOUNT AUT. PAID 'ACCOUNT ACCOUNT ACCOUNT RECEIPT Received From Address ACCOUNT CASH CHECK MONEY CEDER • For — CASH CHECK MONEY ORDER CASH CHECK MONEY ORDER CHECK.. BALANCE MONEY DUE CFDEEP. Ua T e ye -,.-: HOW PAID • Date HOW PAID .Date' • HOW PAID HOV! PAID CASH 0 • RECEIPT V 19 6730. Received Frorn�� AddressJ% D By • By 19 Dollars $ Dollars $ 6731 Date 19 Dollars \ 'J 6 • tukwila INDUSTRIAL COUNC I L VICINITY MAP MAHLUM MAHLUM & NORDFORS ARCHITECTS •SKPJS FURNITURE BUILDING REVISIONS 1 ,K ION A PAGE .1 PSP 1 NG & SITE PLANS, V O ATIONS, SFLTION5 • C MAIILUM MAHLUM Se V\Rc ARCHITECTS Attachment No. 2 Application for Variance A re. .tonal *Mee CanonI lan Edward Magnin MA CRl John Mahlon' A1A %7neee& Nonillion Al A XIII Thorne W ' w 1 X83•4121 Applicant: Mr, Peter Skarbo The following are in response to application questions #1 -4. 1. No incompatible effects are foreseen. The land to the north is zoned C -2, and the adjoining land to the south is developed as a power substation which is a use visually compatible to this proposed use. The land across the street is zoned Industrial Park. The site will be landscaped in a manner compatible with other developments in the area. 2. It is our understanding that the adjacent street is developed to City standards. 3. The proposed project will connect to municipal storm sewer and water services and to a sanitary sewer being provided by the land owner to the north. 4. The applicant has applied for reclassification of the R -1 portion of his property to C -2. 5. All usable land around the site for a considerable distance is designated for Commercial Use on the Preliminary Land Use Plan Map. However, there is an area of land to the south currently zoned R -1, and it is.our understanding that the boundary of that R -1 district adjoins the applicant's south property line. The applicant is requesting a variance from a requirement of the C -2 zone which would necessitate an 8 Fr side yard where adjoining an R -1 district. Compliance with the above requirement would produce an unnecessary hardship because: a. The property immediately south of the applicant's property, while zoned R -1, is developed as an electrical power substation. This use is non - residential, and would be compatible with this propsed project. b. It appears self - evident, from the City's Comprehensive Plans and the nature of developments already accomplished in the general vicinity, that the adjoining R -1 District will eventually be zoned and developed with commercial land uses. c. The applicant thus has the prospect of being the only commercial use property in the area required to provide a side yard. Application for Variance (continued) It is our suggestion that granting of this variance would not constitute a grant of special privilege, since it would only enable development of the applicant's property consistent with the limitations on the other commercial properties in the vicinity. The variance is necessary because of the applicant's property location next to an R -1 district which is planned for commercial use, and immediately adjoing a property of that R -1 district developed non - residentially as an electrical sub- station. This location produces a side yard requirement unique to this property and apparently of short duration, The above conditions and circumstances are not resultant from the applicant's actions. Granting of this variance would not be detrimental to public welfare, The sub- ject requirement is conceived essentially to protect residential land uses from the effects of commercial land uses. The applicant's property does not adjoin a residential land use: instead, it adjoins a very compatible, non - residential use. Granting of the variance would be consistent with the Comprehensive Plan. The variance would enable the applicant to fully develop his property in a manner comparable to that of other commercial property owners in the vicinity. I, Peter Skarbo , being duly sworn, declare that I am the contract purchaser or owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Main 2-0673 (Telephone) Subscribed and worn before me �... ... AFFIDAVIT (Signature of Contract Purchaser or owner) 1420 Second Avenue • (Mailing Address) 1,. ; • •t . l.�. Seattle Washi 98101 City State � „! 1977. No ; b "c in and •r the :state of Washington, • legal description Attachment No. 1 !'};at portion of the nort'i' "st quarter of Section 2F., Township 23 North, Range 4 East, 4. i•:. described as follows: Deainning at the southwest: corner of said subdivision; thence South 89°21'31" East along the south 1 ine thereof 1961.64 feet to the west margin of 57th Avenue South (Mess frothers Road) ; thence North 00'09'22" lest along said west margin 250.01) feet; thence North 89°21'31" 4est 6.00 feet to the west marcrin of. 57th Avenue South, as widened by deed from :couthcenter cort) oration to City of Tukwila and the true point of beginning; thence continuing North n0°21'11" lest. 737.50 feet to the easterly margin of Primary State ,hghway : :o. 1, its condemned in United States District court Cause Rio. 6010; thence North 45 "04'23" i• :ast. 77.10 feet along said easterly marciin to an angle point therein; thence North 12 "46'41" ' ?past, along said easterly margin 106.52 feet to an angle point therein; T Thence North 23 , along said easterly margin 129.77 feet to an angle point therein; thence northerly along said easterly margin along a curve to the left, the center of which bears North 7(1:'43' ] 9" 'hest SIMENIMMIldirs, having a radius of 6029.59 feet an arc distance of 631.42 feet; thence South 84°41'19" East, alone] said easterly margin 30.00 feet to an angle point therein; thence North 04"19'17" East, ar].onri said easterly margin 265.00 feet to an angle point therein; thence North 45 "42'47" ':ast, along said easterly margin 03.51 feet to the westerly margin of 57th Avenue South, as conveyed to the City of ['igcwila by deed recorded under Auditor's File No. 573' 901, records of King County, Washington; thence South 00 ° 23'45" East :, along said westerly margin 234.43 feet; thence South 00°34'46" East, along said westerly margin as widened 840.79 feet; eAvr thence South •00°09'22"0111.• , along said westerly marni.n 150.00 feet :o the true point of beil inn i.ng . i Situate in the City of Tukwila, County of King, State of ' TaP 26R4PN /C M4P / 4' WN �(. / eiPS N F U E 76 304 SOUTWCIW?ER f Y'�� ..F�Y f i4'O/1CflY A7"STA%VI2Ei°&VD SCALE / Y1 7, OWN ,NC. CHADWICK SURVEYING & ENGINEERING CKD 4011 STONE WAY NORTH, SEATTLE. WASHINGTON 98103 832 -3388 APPD FOR OFFICE USE ONLY F i l i n g Date 8 Z Appl. No. 71 Planning Cc.,rrin.iss_i.c.n Action lRece.ipl. No.. (,olio Hearing Date _ _21//2J I r I!:L !0!I POY 1 t,PInalr'tr, City Council Ac Lien Ordinance No &: Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY:. Narne Mr. Peter Skarbo Address 1420 Second Avenue Form LI ___,_ ,�P tle. Waahing R}i.ISL 'I'etephcne No. Main 2 -0673 Property Petitioned for vd ri anue is 1 oea Led on Southcenter Parkway between North of and adjoining Puget Power Substation Total square footage in property Approximately 31,500 SF LEGAL DESCRIPTION OF PROPERTY See Attachment No.1 Vicinity see Attachment No. 3 enure property C -2) Existing; Zoning C -2 and R -1 (Aaplicant is in the process of requesting rezone to make. What aro the uses you propose to develop on this property? Retail furniture sales facility. Variance is requested for less than required side yard. Number of permanent off - street. parking :spaces that will be provided on property? 38 Number required 38 NOTICE 'I'0 AF'1't,ICAN'l': The following factors are con- sidered in reclassifying properly or ntOdifying regula- tions. Evidence or additional information you desire to submit. to substantiate your request may be attached to this sheet. Wee Application Procedure sheet Item for No. 2 for specific minimum requirements.) 1. What provisions wi.11 be" made to screen adjacent, and surrounding property from =.ny irncompati.ble effects which may arise as a result of the proposed land use classification See At achment NO,2 • 2. What provisions will be made Lo provide for necessary street widening to' City minimum standards? See Attachment No.2 3. What provisions will be made for adequate sewer and water service? See Attachment No.2 4. Any other comments which !he petitioner feels are appropriate: 5, t'Jl`laL hardship. thi& vetsi inee (necessary? A1.tasaimet No . 2 'h -35 -V 1l0305 200THcedsrwt p mahlum mahlum & nordfors skarbos furniture building site plan elevation section