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HomeMy WebLinkAboutPermit 73-50-V - 7-ELEVEN - SETBACK VARIANCE73-50-v 14057 interurban avenue south 7-eleven variance SETBACK VARIANCE CITY OF TUKWILA Mr. Lawrence Ash 1131 South 168th Seattle, Washington 98148 Dear Mr. Ash: GC /lt 14475 - 59TH AVENUE. SOUTH TUKWILA, WASHINGTON 98067 28 .August 1973 The Tukwila Planning Commission, at it's regular meeting of 16 August 1973, held a Public Hearing to consider your request for a variance from the setback requirement on your property generally located on Interurban Avenue abutting and east of that vacated portion of 57th Avenue South. Upon consideration of the facts regarding the matter as brought forth during the Public Hearing the Planning Commission officially denied the variance request on the basis that no true hardship exists as defined in the Tukwila Municipal Code. Any questions you may have regarding this matter may be directed to this office at 242 -2177. cc: Mayor Todd Chmn, Ping Comm Frank Todd, Mayor Sincerely, /G /LGC ary chfi Pla ing Tec PLANNING DEPARTMENT M...nutes, 16 August 1973 Page 4 Variance - 7 -1l Interurban Avenue Staff read advertisement, Staff Comments and explained the request and site maps. Mr. Moss explained that Staff, in consideration of the criteria for a variance under State law, should deny the request as there exists no hardship as defined even in the Tukwila Municipal Code. Chairman Mettler opened the Public Hearing of this matter. Mr. Curt Jacobsen, architect, stated the Southland Corporation has a standard design building which cannot,. for economical reasons, be redesigned to fit this parcel of property. The only way the building may properly lay on the parcel is to abut the rear property line, thereby creating the need for a variance from the rear -yard setback. Also stated the lot is too shallow to allow the building, parking, gas pump and landscape strip in front. Mr. Moss stated Staff's review has led to the conclusion the lot is too small for such an intensive use and that if all these services must be provided a redesign of the layout is the only answer. Mr. Lamb asked if the developers had looked into the possibility of acquiring additional land to combine with this site thereby eliminating the problem. Mr. Jacobsen replied they had not done so. Mrs. Harris asked if parking and sidewalks have been considered. Staff pointed out the preliminary plans address themselves to those points. No one was present to speak against the request. Chair- man Mettler then closed the Public Hearing. Mr. Lamb asked what the present use is on lots 7, 8 and 9. Staff informed Commission these lots are vacant at this time. Mrs. Harris at this time stated she felt the request for variance has not been sufficiently justified in accord - ance with State and local regulations. Motion by Mr. Kirsop and seconded by Mrs. Harris to deny I the variance request on the basis that no true hardship exists as defined in the Tukwila Municipal Code. Motion carried unanimously. Jew? itepzyd- ttpf 4 land, is undeveloped, and is located just northerly of the Hazelnut Restaurant on Interurban Avenue. South. The proposed rezone is consistent with the Comprehensive Land -Use Plan and is consistent with existing zoning along the southwesterly side of Interurban Avenue South. B. VARIANCE - PROPOSED 7 -11 STORE: 7 -11 Store, a division of the Southland. Corporation, have requested a variance from the required rear -yard setback and from the required landscaped fifteen foot setback from the fronting public right -of -way. In the review of this variance application, the Planning 'Commission should keep in mind the criteria for granting of a variance as spelled out in Section 18.72.010 of the zoning code. That section states that: 'No such variance and the provisions or requirements of this chapter shall be authorized by the Planning Commission unless the Planning Commission finds that all of the following facts and con- ditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with limitation upon uses of other uses in the vicinity and in the zone in which the property in behalf of which the application was filed is located: and, 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 subsequent property is located: and, 3. 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: and, 4. The authorization of such a variance will not adversely affect the implimentation of the Comprehensive Land -Use Plan: and, 5. 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-' The proposed variance would constitute the granting of a special privilege which is inconsistent with the limitations upon the uses of other properties in the same area and there seems to be no special circum- stance relating to the size, shape, topography or location of the subject property. Therefore, it seems to the Staff that the granting of this variance would not be in keeping with the provisions and requirements for the granting of the variance as defined by section 18.72.010 of the zoning code. C. REZONE - 6230 SOUTHCENTER BOULEVARD (CITY HALL SITE): The Planning Department has been requested by the City Council to make application to the Planning Commission for the rezoning of the City owned pro - perty on Southcenter Boulevard from an RMH zoning classification to a P -F (Public Facilities) zoning classification. The subject site is 2.4' acres in area, and is under consideration as a potential site for Public Facilities. The Planning Commission is familiar with the subject site, the present City Hall annex is located on the subject site and the Commis- sion is now asked to consider the appropriateness of a rezone for the subject site to a P -F classification. D. PRELIMINARY PLAT REVIEW - McCANN: McCann Construction Company has submitted pre- liminary plans for a subdivision located at. the southeasterly most corner of the City. The plans indicate a proposed steet layout system, proposed open areas, and a proposed bicycle path along the crest of the Green River dyke. They have also submitted a draft of proposed protective covenants for the Southcenter South Industrial Park. A consultant has been hired and an Environmental Impact Statement for the proposed development is being prepared. Title 17 of the Tukwila'Municipal Code requires that a Public Hearing be held by the Planning Commission and the City Council on both the preliminary plat and the final plat drawings; therfore, this evenings meeting is only a preliminary review by the Planning Commission of the proposed development. Representatives of the McCann Construction To: City of Tukwila, County of King, State of Washington From: The Southland Corporation - dba 7- Eleven Stores. The Southland Corporation dba 7- Eleven Stores has requested the following variance in order for us to purchase said property, to build a 2160 square foot building on property of 100 x 100. 1. Northwesterly corner of property zoned R -1 adjacent to C -2 request a variance instead of zoning because of set backs required under C -2 zoning. 2. Request set back of rear property line to 0 instead of 4 feet required. 3.Center planting area to be reduced from 15 feet to 10 feet L. Landscaping will be provided as shown on plot plan. • ' E GAftI�1:N TRACTS, according i That Portion of Meek 3 and 8., HILLMAN'S SEATTLE to the plat thereof recorded in Volume 11 of Plats, e 2•l, records of Kin); County 'a:;hingt.on, and that portion of vacated 57th Avenue South, de.•.cribcd as, followii: tit. , tate 1 Beginning at the intersection of bll�.rri.Oelin� aftll, c:} 5olntilcastonr1y150 •,OU 'inAwl:cLCl1 Highway 10 of with the rr Y of lot U of said Block 8; ; then ce: South 45 degrees 05 minutes 00" West along the. 7t.;rt.l►tivc: :sturI y lido of .said Southeasterly 50.00 fe�jt and its extension thereof 100.00 i•t,; t TNorth 44 Cdegrees 55 ►' 1�, t �ct 100.s 00 ; 00 f.c ct Lo ;;autt octite:rl`y lihence North nc c,f cte l;rcc�:;, ►i►l.l�utr.s 00 .seconds iut ;11:133n Avevo nue; thence South 44 dgs. 55 minutes 00 seconds East 100. 00 feet .to the point, Of br..ginning. :.;i in the City of 'Tukwila, County of King, State o f Was FOR OFFICE USE ONLY Appl. No. Receipt No. Filing Date _ Hearing Date Eight APPLICATION FOR VARIANCE APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY: Name Lawrence Ash Address 1131 South 168th, Seattle. Wry 9148 Telephone No. 243 -8753 Property Petitioned for variance is located on Tnterur Are between _ and East and abbutting vacated S7th Avenue South Total square footage in property 10,000 Sguare Feet LEGAL DESCRIPTION OF PROPERTY See attached Legal Description Existing Zoning C•=2 and R -1• What are the uses you propose to develop on this 1375 TRY? 7- Eleven Food Store Number of permanent off - street parking spaces that will be provided on property? NOTICE TO APPLICANT: The following factors are con- sidered in reclassifying property or modifying regula- tions. Evidence or additional information you desire to submit to substantiate your request may be attached to this sheet. (See Application Proced e sheet Item No. 2 for specific minimum requirements 1. What provisions will be made to screen adjacent and surrounding property from hily imcompatible effects which may arise es a result of the proposed land use classification Landscaoin as shown on plot plan 2. What provisions will be made to provide for necessary street widening td City minimum standards? g • • - -. • -. � Planning Commission Action City Council Action Ordinance No. & Date Number required Five What provisions will be m d for adequate sewer and water service? Form B ufatPr k Spwer lnratpci at pr Arty l - n 4. Any other comments which the petitioner feels are appropriate': __n,n the s lira whi .h aGem s rwnpd by i tv Df Tukwi 1 7a _, _____,__ 5. What hardship exists making this variance necessary? Property not useable as zoning now exists request set back on rear property line of 4 - r requests building to set_on r_e_ar _property line. North westerly corner zone - acTjae'ent - Eo C -2 zoning. Center planting area be reduced from 15 feet to 10 feet. I, Lawrence Ash , 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. Subscribed and sworn before me this , �fJ day of JCL AFFIDAVIT i J l • , 19 / Notary Pu•lic in and for the State of Washington, Form C Lawrence A .(.4)■ ( Signature of Contract Purchaser or owner 1131 South 168th, Seattle, Washington (City) (Mailing Address) Seattle Washington 243 -8753 (Telephone) (State) • 15 -5bV H051 iwuRgM 41 5 —it VAKih-KleE (1 (DEMON CHECKED DATES DRAWN APPROVED JOE NO. REGISTERED ARCHITECT . KURT/ G. WHITELEY. JAC ARCHITEIT8gL ,.SEATTLE, WASH. 3RD VENUE , SEATTLE, WASHINGTON BEEN & AS ENGINEERS PORTLAND, ORE. IF THIS MICROFILMED DOCUMENT IS LESS; .CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DOCUMENT WHIT LEY•JACOB ENGINE & SEATTLE That Portion of Block 3 and 8, HILLMAN'S SEATTLE GARDEN TRACTS, according to the plat thereof recorded in Volume 11 of Plats, page 24, records of King County Washington, and that portion of vacated 57th Avenue South, de; cribed as follows: Beginning at the intersection of thu Southwesterly line of Interurban Avenue "State .Highway 5 -M" with the Northwesterly line of the Southeasterly 50.00 feet, in width of lot 10 of said Block 8; thence South 45 degrees 05 minutes 00" West along the :Northwesterly line of said Southeasterly 50.00 feet and its extension thereof 100.00 feet; thence North 44 dggrees 55 minutes 00 seconds West 100.00 feet; thence North 45 degrees, 05 "minutes,. 00 seconds East 100.00 feet to the Southwesterly line of Inter'urban Avenue; thence South 44 dgs. 55 minutes 00 seconds East 100.00 feet to the point of beginning. Situate in the City of Tukwila, County of King, State of Washington.