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HomeMy WebLinkAboutPermit L2000-056 - REGAL CINEMAS - SIGN VARIANCEL2000 -056 REGAL CINEMAS SIGN CODE VARIANCE Z. re W; 6 J U; 00 W p' c!) W W Z; N.U.: g ▪ = Z 'Z0. 2 • uf O ; - 1—= 11.1 H U± 'IL 0 Zi. W co; 0 0 Z ` 5910 S. 180TH ST. 1.14%.0 tAne4094 March 28, 2001 Jack Pace Jason Jones City of Tukwila Department of Community Development 6300 S. Center Blvd. Tukwila, WA 98188 REC ED APR - 3 2001 COMViMUNLTY DEVELOPMENT RE: Poster Cases at Regal Cinemas, Tukwila, WA Dear Jack & Jason, Regal Cinemas will remove all 12 poster cases located at the front of our Parkway Plaza Cinemas at 5910 S. 180 th Street, Tukwila, WA. The District Manager for this area, Jake Bishop, is making arrangements with a local electrician to get the cases removed before your deadline of Friday, April 6t. Thank you for all your help in this matter. Please contact me at 865/925- 9610 if you have any other questions. Sincerely, Pam McGrew- Kesselring Signage Coordinator C: Ron Reid, Moe Malek, Jake Bishop - Regal Cinemas Minnie Dhalewal - City of Tukwila z • =Z w. `0 0: fA 0' cnw:. w= w 0.. .1.-w • z� in I- o D 0`^^' V,E 331H. r'. w w; o; Z. 0 1; z 7132 Commercial Park Drive Knoxville, Tennessee 37918 Phone: (865) 922 -1123 Fax: (865) 922 -3188 Corporate Headquarters 7132 Commercial Park Drive Knoxville, Tennessee 37918 Phone: (865) 922 -1123 Fox: (865) 922 -3188 Corporate Headquarters February 13, 2001 Jack Pace City of Tukwila Department of Community Development 6300 S. Center Blvd. Tukwila, WA 98188 . RE: Poster Cases at Regal Cinemas, Tukwila, WA RECEIVED FEB 13 2001 pB��UPNt'TY � MENT I am requesting that the City of Tukwila review the attached drawings to allow the 12 poster cases to remain on the front of our theatre. We would like to install a window around the poster cases so the cases will meet your code restrictions. The windows will totally enclose the poster cases and will hinge at the top to access the cases. Upon reviewing the attached I think you will find the poster cases once enclosed in the windows meet the City of Tukwila guidelines. The windows can be manufactured and installed within a month. Please let me know if this meets with your approval. Thank you for all your help in this matter. Please contact me at 865/925- 9610 regarding any further information you may need. Sincerely, dirOP ■ Pam McGrew- esselring Signage.Coordinator C: Ron Reid, Moe Malek, Jake Bishop - Regal Cinemas • Minnie Dhalewal - City of Tukwila City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor January 18, 2001 Pam McGrew - Kesselring Signage Coordinator Regal Cinemas 7132 Commercial Park Drive Knoxville, TN 37918 Re: Regal Cinemas Sign Code Variance L2000 -056. Dear Ms. McGrew - Kesselring: This office has received a copy of your letter to Jack Pace and Art Pederson asking for a reconsideration of using poster cases at Regal Cinema. This office is not sure that you intended it to be an official request to reconsider the variance denial issued by this office, as opposed to a request that the City planning staff reconsider the idea of poster cases as part of your potentially permitted sign square footage. This office will deal with the matter as a request to reconsider the denial of the variance. If that was not the intent, this letter will not have any impact on the remedy that you seek. There is no reason to reverse or modify this office's original decision to deny the variance. The criteria, as noted in the original report, are strict and all of them must be satisfied in order for a variance to be approved. There was no undue hardship preventing reasonable use of the property. The variance could not be approved. Again, if your intent was other than a reconsideration of the original variance, this letter should have no impact on your pursuing other relief. If this office can provide any additional assistance, please feel free to write. Sincerely, Fred J. Kaufm Hearing Examiner FJK:jt cc: Art Pederson Jack Pace Minnie Dhalewal Phone: (206) 433 -1800 • City Hall Fax: (206) 433 -1833 6D JU U 0, CO W= J W O. g Q: =0 • F--_ Z�. • F-- O I-, no, `2 • UN • Z January 8, 2001 Jack Pace Art Pederson City of Tukwila Department of Community Development 6300 S. Center Blvd. Tukwila, WA 98188 RE: Reconsideration Request for Poster Cases at Regal Cinemas, Tukwila, WA Dear Jack & Art, I am requesting that the City of Tukwila reconsider our case to allow the 12 poster cases to remain on the front of our theatre. We would like to be allowed to use our remaining 110 square feet of approved sign area which is presently unused but was approved as useable square footage in your sign code variance process. Please allow us to utilize the remaining approved 110 square feet for the poster cases presently installed at the front of our theatre. Thank you for all your help in this matter. Please contact me at 865/925- 9610 regarding any further action myself or Moe will need to take to make this happen. Sincerely, 7132 Commercial Park Drive Knoxville, Tennessee 37918 Phone: (865) 922 -1123 Fax: (865) 922 -3188 Corporate Headquarters Pam McGrew - es - ring Signage Coordinator C: Ron Reid, Moe Malek, Jake Bishop - Regal Cinemas REOEIVEI 0111 OF TUKWILA: JAN 1 2 ?Nil PERMIT C" N ER z • r- w et 6 0 0' moo. cn w. W I, W 0. = z 1-0: z w:. 0: 01--. ur U. 0. wZ I. 0 z.. • Cizy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director STAFF REPORT TO HEARING EXAMINER PREPARED December 4, 2000 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: OWNER: REQUESTS: ASSOCIATED PERMITS: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: December 12, 2000 On September 28, 2000 staff mailed the Notice of Application to surrounding properties. Notice of Hearing was posted on October 20, 2000 and mailed to surrounding properties on November 20, 2000. L2000 -056 Sign Code Variance Regal Cinemas Regal Cinemas, 7132 Commercial Park Dr, Knoxville, Tennessee 37918 Approval of a variance from the number and size requirements of the Tukwila Sign Code (TMC 19.32.140 A) for 12 illegally installed and non - conforming poster cases in the exterior covered walkway of the Regal Cinema building at the address below. If the variance is approved sign permits will be needed. 5910 S 180`h St, Tukwila, WA Tukwila Urban Center (TUC) Tukwila Urban Center (TUC) STAFF: Art Pederson, City Contract Planner, 206 - 297 -2106 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff Report to the Hearing Examiner ATTACHMENTS: Vicinity /Site Information Project Description L2000 -056 Regal Cinemas A. Photos of Poster Cases B. Correction Notice RFA 00 -166, June 16, 2000 C. Variance Application dated August 2, 2000 D. Applicants response to the variance review criteria date stamped September 19, 2000. E. Site plan F. Interior building elevation submitted as part of the building permit application G. Exterior building elevation submitted to the Board of Architectural Review H. Exterior building elevations submitted as part of Special Permission Sign Application L98 -0022 I. Exterior building elevation submitted as part of Special Permission Sign Application L98 -0022 showing method for calculating sign area. FINDINGS The applicant is seeking a Variance from the requirements of the Tukwila Sign Code (TMC 19). The applicant requests that they be allowed to retain 12 exterior poster boxes that were installed without permits in violation of TMC 19.12.010 and exceed the allowed number of signs on any single Exposed Building Face in violation of TMC 19.32.140 (A) Existing Development Regal Cinemas Parkway Plaza is a fairly new (1998) stand alone building on the southern end of the Parkway Super Center property located in the northeast quadrant of the intersection of S 180th St and Southcenter Parkway. Surrounding Land Uses The land uses to the west and north on this parcel and to the south across S 180th ST are all commercial /retail and a part of The Parkway Super Center Shopping Area. The parcels to the east are also a mix of commercial /retail uses but not a part of the Super Center. All parcels are zoned Tukwila Urban Center. BACKGROUND Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas A Correction Notice (RFA00 -166) was issued to Regal Cinemas Parkway Plaza on June 15, 2000 for the sign code violations outlined above. The notice was initiated from contact with a Tukwila business that inquired as to why the code does not allow them to have poster cases in excess of building identification signage when poster cases are installed at the cinema. The Correction Notice of June 15 stated that the illegal poster cases must be removed by June 29, 2000. (See Exhibit A attached.) In response to the Correction Notice the City of Tukwila received a letter from Jake Bishop, District Manager of Regal Cinemas, informing the city of Regal's "intent to comply with your request to remove the poster cases ". Shortly thereafter the city was contacted by Pam McGrew - Kesselring and Mo Marbarek of the Regal Corporate Offices to discuss options to keep the poster cases. When it became apparent that it was not possible to interpret the code to allow them to remain, Pam and Mo informed the city that they would apply for a variance. Agreement was reached whereby the removal of the cases would be delayed until the outcome of the variance hearing provided the power to the cases was turned off and all posters and signage in them were removed. PERMITTING HISTORY The signage for the ACT III Cinema was originally addressed in the Design Review Hearing for the proposed building design before the City Board of Architectural Review (BAR) in January 1998. At that hearing the applicants presented exterior facade drawings that showed a "main" cinema sign and did not contain poster cases on any exterior wall elevations (Attachment G). Act III was told by the BAR and city staff that the exterior signage did not conform with various provisions of Title 19 and due to the large size of the proposed signage a Special Permission Sign Permit would be needed. Interior wall elevations submitted later for the building permit process showed 14 poster cases on the east and west walls (Attachment F). On April 10, 1998 ACT III applied for a Special Permission Sign Permit asking for an increase to their normally allowed sign size of 150 SF to 400 SF. Based on the requirements for a Special Permission Sign, the cinema building has a sufficient front building facade setback to allow for a sign size increase from 150 SF to 640 SF. As part of the discussions on sign design and size that would both meet the needs of the cinema for marquee space and to compliment the building design the sign was approved to allow the separate "Cinema" portion and the marquee portion to be calculated as one sign. (See Attachment I) The final approval was for a 490 SF sign, within the 6% limit of the code. There was no discussion of exterior poster cases during this process. The city planner in charge of the sign permitting and design review process did the final inspection for the BAR design conditions in July 15, 1999. At that time no poster cases were installed on the exterior building facade. THE SIGN CODE 3 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas The Tukwila Sign Code, Title 19 of the TMC, controls the number and size of all commercial signage in the city. TMC 19.32.140 allows one sign per wall elevation, or Exposed Building Face (EBF), in a one tenant building such as the Regal Cinema. TMC 19.32.140 Table A determines the maximum size of each allowed sign based on the square footage of the EBF where it will be mounted. Additionally, TMC 19.32.140 (A) z also provides for an increase in this maximum sign size for buildings that are have a greater front set -backs than the required minimum building set -back in its zone (The set- ;= w back in the TUC zone is 15 feet). The purpose of this provision, called a Special re 2' Permission Sign, is to help adjust for any reduction in sign visibility that may occur due to the location of a building far from the street front and the passing public. Special 0 o Permission Signs require approval by the Director of the Department of Community co w Development. J = f- ' w0 VARIANCE CRITERIA d The proposed project must conform to the criteria for sign variances detailed in Tukwila Municipal Code (TMC) 19.12.060. The applicant's responses to these z criteria are Attachment D. o z�- w ui (1) The variance as approved shall not constitute a grant of special privilege which is inconsistent with the intent of this sign code, nor which contravenes the limitation (sic) uses of property specified by the zoning 0 o classification in which this property is located. 0 Dom. The Tukwila Sign Code, TMC 19.32.140 "Commercial Zones Where Signs Will Face or s 0 Abut Other Commercial or Industrial Zones" Section A states that, "Each business shall u o be permitted one exposed building face - mounted sign... ". The size of the sign is then z dictated by the formula in Table A in this same section. Under special circumstances a o w, larger sign may be allowed by special permission of the Director of the Department of -. Community Development. This provision does not allow for an increase in the number of z signs on that wall. There are two other cinema businesses in the city, Southcenter Cinema, located in the north parking lot of Southcenter Mall, and the Lewis and Clark Theatres, located at 158920 Tukwila International Boulevard. Neither of these cinemas have external poster cases visible from the street. The city only regulates external signage that is visible from the public right of way. For example, the city does not regulate the internal signage at Southcenter Mall but it does regulate the exterior signage that is visible from the public right of way. (2) That the variance is necessary because of special circumstances relating to 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. Attachment E is a site plan of the Regal Cinema and surroundings structures. The cinema building faces south across the cinema parking lot onto S 180'h ST to the east of 4 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas Southcenter Parkway on virtually flat ground. The surrounding buildings are similar large structures setback from both streets with the exception of a retail jewelry store and restaurant on the northeast and southeast corners of 180' ST and Southcenter Parkway respectively. All buildings are in the TUC zone. The cinema building is clearly visible from both of these streets and all areas of its parking lot. The Southcenter Cinemas in the north parking lot of Southcenter Mall is located on similarly flat topography and also in the TUC zone. It has no exterior poster cases. (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 is situated. The purpose of the Tukwila Sign Code is to protect the public welfare by establishing "standards and guidelines for design, erection and installation of signs and other visual communication devices so that the streets of Tukwila may appear orderly and safety may be increased by minimizing clutter and distraction ". (TMC 19.04.101 Purposes) In 1998 the Tukwila Sign Code set new sign requirements that reflected this objective. The City of Tukwila has devoted considerable time and resources toward the goal of assuring that all businesses in the city can and will conform to the requirements of the Sign Code. The Tukwila Sign Amortization Program (TMC 19.30) was created to set timeline standards for compliance and a "Voluntary Sign Reduction Agreement" process was instituted for businesses with non - conforming signage to take advantage of an extended compliance agreement in exchange for an up front reduction in their non - conforming signage. (Businesses in the MIC /H and L zones are exempt.) The goal of the program and mailings is to assure that all businesses in the city are aware of and all equally in compliance with the requirements of the Sign Code. Regal Cinemas, after installing 12 poster cases without permits is asking to be exempted from the sign code requirements that apply to all business including the other cinemas in the city. (4) That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. The applicant has not provided facts that demonstrate any special condition or circumstance pertaining to the to size, shape, topography, location or surrounding of the cinema building or to cinema businesses in the city. ACT III / Regal Cinemas were involved in extensive consultation with city staff prior to receiving a Special Permission Sign Permit to increase their main sign by 340 SF, from 150 SF to 490 SF in 1998. Following that process, Regal Cinemas installed 12 poster cases without permits sometime after July 15, 1999. (5) The variance, as granted, represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. The Tukwila Sign Code, TMC 19.32.140 "Commercial Zones Where Signs Will Face or Abut Other Commercial or Industrial Zones" Section A states that, "Each business shall be permitted one exposed building face - mounted sign... ". The poster cases on this • 5 r 1444 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas exposed building face bring that number to thirteen (13). Regal Cinemas has already taken advantage of an allowed deviation from the sign code and applied for and received the Special Permission Sign Permit stated in Criteria 4 above. Although applying for a variance for permanent signs, the applicant states that the poster cases are "nothing more than a helpful informational tool to the movie patrons" that "should be considered temporary advertising" (Response to Criteria 2). TMC 19.24.10, Temporary Signs, Area Restrictions -Time Limit, allows up to two temporary signs in a thirty day period once per calendar quarter and 19.12.050 allows unlimited temporary window signs up to 25% of the window area. Regal Cinemas has thirteen (13) ground level windows at the main entrance (9 stationary panes and 4 full size front door panes). (Attachment H) They have not used the option of window mounted temporary signs in these thirteen (13) windows. Additionally, they have applied for and received a Special Permission Sign Permit for the inclusion of 6 double bladed marquees to advertise the movies currently showing. (Attachment I). (6) The granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. The Special Permission Sign Permit issued to Regal allowed a 340 SF increase in their allowed signage area, from the normal maximum of 150 SF to 490 SF. One purpose of this provision increasing sign size is to assure that signs on businesses with a large front set back will still function properly to "attract attention to the subject matter for advertising or identification purposes ". (TMC 19.08.210 definition of Sign) The twelve poster cases are each 3' 2 %2" wide by 4' 10 1/2" tall (15.65 SF) in size. They are under the canopy of the front walkway and set back 360 feet from S 180th ST. They cannot be seen from Southcenter Parkway and are not legible from S. 180th ST. (7)The granting of the variance will not constitute a public nuisance or adversely affect the public safety. The "Purposes" section of the Sign Code has as the first purpose of the code the increase of safety. The installation and use of the poster cases violates the Tukwila Sign Code limitations on the number of signs allowed on any building face and the amount of sign area on that face. The City passed the current sign code regulations in 1998. A Sign Amortization Program was created to assure that all businesses in the city are aware of and all equally in compliance with the requirements of the Sign Code. (Final Criteria) (19.12.060 B) The proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. The poster cases are flush mounted on the front face of the cinema, a single- tenant building and not legible from the public right of way. CONCLUSIONS 'The! .:('. .f}:f: • yyrt.R•?win:.. .:;: 1.a1tiHUilFr[tt✓.e,if.•.ti.n'.e 6 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas Based on a review of the findings staff makes the following conclusions: (1) The variance shall not constitute a grant of special privilege inconsistent with the intent of this sign code... z Regal Cinema, is subject to the Tukwila Sign Code similar to all businesses in the city, w the code allows one wall mounted sign for each building face. Regal already applied for 6 = and received permission to increase their sign size under the provisions of the Special ij 0 Permission Sign Application. Allowing 12 additional signs on their wall would be a grant N ❑. of special privilege inconsistent with the intent and letter of the sign code. w w The applicant states that because their product, movies, is subject to change weekly the u) LL 0 listing of the movie title on the allowed marquee "doesn't always provide the necessary information to potential customers." Further, "Without additional information the title alone 5 isn't descriptive enough to help the customer discern the desirability of the film ". The u. Southcenter Cinema in the same TUC zone does not rely on external poster cases = d visible from the street. _ (2) The variance is necessary because of special circumstances relating to... z O IJJ w There are no special circumstances relating to the size, shape, topography, location or o surroundings of the subject property that would deny its use rights and privileges .00 }—. permitted to other properties in the vicinity. The surrounding businesses are similarly w located on virtually flat sites with clear line of site to the surrounding streets and parking z areas and have signage that conforms to the requirements of the sign code. The poster .. �, cases are 15.65 SF in size and readable only from the sidewalk area (approximately 12') z' in front of them. o cn The applicant states that the variance is necessary to provide Regal with "use rights and privileges permitted to other properties through the allowance of temporary advertising. The posters shown in the cases are there on a rotating basis and therefore should be considered temporary advertising." The poster cases do not meet the definition of a temporary sign. They are permanently mounted and electrically wired. Further, TMC 19.24.010, Temporary Signs, Area Restrictions -Time Limit" allows no more than two (2) temporary signs at any one time. There are no circumstances relating to the size, shape, topography, location of this property that would allow the installation of 12 permanently mounted and wired poster cases for the display of the limited number of temporary signs allowed under the temporary sign provisions of the code. When Regal displayed 12 posters in these cases they were in violation of this provision. (3) The granting of such variance will not be materially detrimental to the public welfare... TMC 19.04.020 "Purposes" paragraph 1 states that the purposes of this code are "To establish standards and guidelines ...so that the streets of Tukwila may appear orderly and safety may be increased by minimizing clutter and distraction." Both the Tukwila Planning Commission and City Council have given clear policy direction in creating the requirements of the sign code. They have also invested considerable effort to bring all existing signs into compliance with these requirements. Granting a variance from the number limitation of the sign code in this case is a clear detriment to this purpose. 7 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas (4) That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. During the design review process for the original building design the applicant was told that their proposed sign did not meet sign code standards. To reach an acceptable signage proposal extensive discussions occurred between the applicant and the city about code requirements. The result was the Special Permission Sign Permit, L98 -022. The applicant states that their "construction department was never made aware the poster cases were in violation of the sign code during the permitting process of the theatre ". The poster cases were installed sometime after July 15, 1999. The permitting process of the theatre occurred during 1997 and 1998. During the building permit process poster cases were shown on interior elevations of the drawings. By showing poster cases on the interior and not the exterior elevations, ACT III / Regal did not show any intention to city staff of an intent to install exterior poster cases. On July 15, 1999 Associate Planner Nora Gierloff made the final inspection of the design review requirements. At that time there were no poster cases on the exterior of the building. The applicant states that "the poster cases had been on the building for a year before anyone at Regal Cinemas was notified there was a problem." The city of Tukwila has over 1700 businesses licensed for the year 2000. Undetected violation of a code requirement for any length of time can not negate the fact of that violation and subsequent need to comply with the code. If the duration of an undetected code violation somehow effected the fact of that violation the city would then have to patrol every business and property constantly looking for nothing but violations. (5) The variance, as granted, represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. This variance seeks to allow the continued use of 12 poster cases for the purpose of displaying temporary movie advertising. The applicant response to Criteria 2 (see Attachment D) states: "The posters shown in the cases are there on a rotating basis and therefore should be considered temporary advertising." Temporary signs are allowed within the provisions of TMC 19.24. In short, they allow two temporary signs for a period of thirty days each once per calendar quarter (TMC 19.24.010). Additionally, temporary window signs are allowed for an unspecified duration provided they do not cover over 25% of the individual window area (TMC 19.12.050 [14]). Additionally, the intent of the sign code regarding temporary signs is captured in the definition of temporary sign. TMC 19.08.220 states: "Temporary sign means a sign which is erected for a limited time... ". Allowing permanently affixed and wired sign cases or frames creates a permanent part of a sign. Nor is a permanent poster case a window. With the code's limitations on the duration of display for a temporary sign, allowing these cases would create 12 unsightly blank boxes for two months out of three in each calendar quarter, or eight months out of the year. While posters would be displayed in 2 of the 12 boxes during the allowed 30 days per calendar quarter there would still be 10 unsightly blank boxes during that time. This is clearly in opposition to the intent of the purposes of the sign code in TMC 19.04.020: "To establish standards and guidelines ...so that the streets of Tukwila may appear orderly.... By minimizing clutter... ". These poster cases clearly do not meet the 8 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas definition of a temporary sign. If the applicant wishes to advertise by temporary sign within the requirements of TMC 19.24 a variance is not necessary. If the applicant wishes to consider these cases as permanent signs, not temporary signs, the provisions of TMC 19.32.140 apply. The poster cases are 3' 2 -1/2" wide and 4' 10- 1/2" tall (15.65 SF each). Applying the same method used to calculate the overall area of the main cinema /marquee sign gives an overall area of the poster cases of approximately 500 SF in addition to the 490 SF of existing signage. To grant this variance would violate the code provisions on the allowed number and duration and size of display for temporary signs and would be a substantial deviation from prescribed regulations. Whether classifying the signs as either temporary or permanent signage, the grant of a variance will represent a very large and unusual deviation from the prescribed regulations and be inconsistent with the stated intent of this code. (6) The granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. Because of the relatively small size of the poster cases in relation to their distance from the street (360'), the intent of the poster cases is not to aid in identifying the business location. The cinema has a 490 SF cinema /marquee sign (See Attachment F) for that purpose. The applicant states: "Other properties in the same zone enjoy this property right through individual store windows." Certainly some businesses in the TUC zone have exterior window in which goods might be displayed, but not all. Regal Cinemas has substantial window area in their building face (See Attachment F). The sign code allows temporary windows signs of up to 25% of the window area (TMC 19.12.050 14). Temporary window signs do not require permits for display. Regal Cinemas has this option at their disposal. (7)The granting of the variance will not constitute a public nuisance or adversely affect the public safety. The Tukwila Sign Code was created to protect the public safety and avoid public nuisance by "minimizing clutter and distraction" visible from the public right of way. The substantial efforts of the City of Tukwila and its citizens in developing the current sign regulations and the creation of a Sign Amortization Program to assure all businesses equally comply with the regulations requires that Regal Cinemas comply as well. This variance is being requested after the fact of installation without permits and because the cinema would like to avoid the cost of removal and the lost cost of installation, not due of any special circumstance or condition. To allow the cases to remain will have an adverse affect of the efforts of the city to bring all signage into compliance with its Sign Code. (Final Criteria) (TMC 19.12.060 B) The proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. 9 z Q• �z w JU U 0 N w= J • u w 0 u.¢ =• W _ Z �. �=0 Z I- w :0• - O I- 1 . ww I- LL. O ill Z to 0 Staff Report to the Hearing Examiner L2000 -056 Regal Cinemas There would be no interference. RECOMMENDATIONS Based on the discussion of the criteria above, City of Tukwila staff finds that the applicant meets only the last criteria, "Final Criteria ". The poster cases do not interfere with the location and identification of adjacent business buildings or activities. Therefore staff recommends the following: 1. Denial of the variance to retain the 12 poster cases which are in violation of the provisions of TMC Title 19.32.140 A. 2. Require the immediate removal of the poster cases per the directions for corrective action in the "Notice of Correction" (RFA 00 -166). r. • W: 6m UO to N W� W =. w o: —a • • rw z 1- 0 —; iCi • iw W; •= .:I- V: Z LLl U N! Ham;. ATTACHMENT 1A ATTACHMENT 1B Z 1=- W JU 00 co U W ,WD g = v W Z ZO 0 �. D- O W• W N V •Z W U 2 O H. Z City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 CORRECTION NOTICE June 15, 2000 Date of Notice: Name: Street: City: Location of Violation: Date of Inspection: Regal Cinemas 7132 Commercial Park Dr. Knoxville, TN 37918 5910 S. 180th St. Tukwila, WA 98188 June 14, 2000 (RFA 00 -166) Steven M. Mullet, Mayor 1 .t_... }.._ \ f !.._J JUN 1 5 2OC COiMiMUNIT? OEVEI_CPW- -- N An inspection of the above revealed the following violation of the Tukwila Municipal Code: DESCRIPTION OF VIOLATION: Construction of illegal poster cases along south elevation of theaters. (TMC 19.12.010, 19.28.010, and 19.32.140) CORRECTIVE ACTION: Remove illegal poster cases as required by sign code. Contact Art Pederson in the Department of Community Development at 206 - 431 -3684 for further information. Our records (King County Assessor's records) identify you as the person responsible for this property. As such, you must take the above described corrective action..by June 29, 2000 or a Notice of Civil Violation may be issued and you will be assessed monetary penalties of up to' $100 for each of the first five days that a violation exists and up to $500 for each subsequent day the violation continues, pursuant to the Tukwila Municipal Code Chapter 8.45 "Civil Violations, Enforcement and Abatement." If you have any questions, please contact the Code Enforcement Office at 206- 43.1 -3682 during. my office hours of 8:30 -10:00 a.m. and 3:30 -5:00 p.m. Your cooperation will be greatly appreciated. Sincerely, z w 6 00 W= J I N LL. ul 2 u-Q. t" a E- w o z �- U • 0 O tn. w w. z -LL*o ui z U N' z Code Enforcement Officer JWJ/bw cc: Art Pederson Phone: (206) 433 -1800 • City Hall Fax. (206) 433 -1833 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431-3665 E -mail: tukplan@ci.tukwila.wa.us ZONING OR SIGN CODE VARIANCE APPLICATION FOR STAFF USE ONLY Sierra Type: P -SV or P -VAR Planner: Ar- 'Fayee..5 dJ File Number: L'- 7-004:9 - 0-5-L Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: ►, • I _ 1a /rata{ ,• az. 1 LOCATION OF PROJECT/DEVELOPMENT: Give street adds or, if vacant, indicate lot(s), block and suf�division, access street, and nearest i ersection. LIST ALL 10 DIGIT PARCEL NUMBERS. ett �.S apkr Pzalam. 5,1 0.s. T,tK u l a c c.) A le l oP Quarter: Section: jj Township: �'5 Range: (This information may be found on our tax statement.) 3[ cLL"to% 1. odL DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: PCUY1 G r as / 1�-�SS �� t. • �Q FAX: Roo (1'75-1L 379 8 Date: $2 46 Address: /n Phone: b(0. ctc�.5-" cJ( Signature: b 1/ II 4ii , GAAPPHANNLANDUSE.APPIZON VARDOC. 06/16100 ATTActifolouti • REVIEW CRITERIA • _�.. �<../:_.... J'_.c,�.✓ 1 -1 2r nn RESPONSE BY REGAL CINEMAS TO CRITERIA FOR SIGN CODE VARIANCE (TMC 19.12.060) 1. The variance as approved shall not constitute a grant of special privilege which is inconsistent with the intent of this sign code, nor which contravenes the limitation uses of property specified by zoning classification in which this property is located. Requesting this variance would not constitute a grant of special privilege. In the theatre business our product is subject to change weekly. Since every motion picture is a different product, listing a title doesn't always provide the necessary information to potential customers. Without additional information the title alone isn't descriptive enough to help the customer decern the desirability of the film. The need for poster cases to display current and upcoming movies is very important and serves as a public service to our patrons. The posters provide additional information in that they show who is in the movie along with the subject matter of the movie. 2. The variance is necessary because of special circumstances relating to size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The variance is necessary to provide Regal with use rights and privileges permitted to other properties through the allowance of temporary advertising. The posters shown in the cases �.._. are there on a rotating basis and therefore should be considered temporary advertising. 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located. These posters are located on the very front of the theatre and are not materially detrimental to the public welfare. The posters serve the pedestrian patrons as they walk up to the theatre. 4. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. The construction department was never made aware the poster cases were in violation of the sign code during the permitting process of the theatre. The poster cases had been on the 'building for a year before anyone at Regal Cinemas was notified there was a problem. No harm has been done by the poster cases being on the front of our theatre. In fact, a public service has been provided to the movie patrons through use of the poster cases. 5. That the variance, as granted, represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. The purpose for which this variance is sought, allowing the poster cases to remain on the building, represents nothing more than a helpful informational tool to the movie patrons. It is the least amount of deviation from the regulations to accomplish the purpose of the code. These poster cases have no negative impact on person, place or thing. krr D REVIEW CRITERIA (cont.) • RESPONSE BY REGAL CINEMAS TO CRITERIA FOR SIGN CODE VARIANCE (TMC 19.12.060) 6. That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. • Due to the inherent nature of the theatre business the granting of this variance is necessary for the greater convenience to the public. Our product is subject to change weekly and new films must be displayed via poster cases for our patrons. Other properties in the same zone enjoy this property right through individual store windows. Some surrounding properties sell jewelry and furniture and can display current products in storefront windows, whereas; the cinema must rely on our poster cases for this aspect of display since storefront windows are not available to us. 7. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety. The granting of such a variance would not cause any harm, injury, or interference with uses of adjacent and neighboring properties due to location of the posters. These posters are located on the very front of the theatre and do not detrimentally affect traffic, views, light, or aesthetic impacts of the theatre or adjacent or neighboring properties. The posters serve the pedestrian patrons and do not constitute a public nuisance or adversely affect the public safety. File: L 00 -0056 Drawing #1 -5 .z 1U 0 W 2 WO U D: 1-- _. Z Wi ±0 mi Lif • Zs. U N 0. } -- 0 c— (c, OFFICE OF THE HEARING EXAMINER CITY OF TUKWILA December 21, 2000 REPORT AND DECISION PETITIONER: Regal Cinemas LOCATION: 5910 S 180th St., Tukwila, WA SUMMARY OF REQUEST: Request for approval of Sign Code Variance MINUTES The following minutes are a brief sump :ary of the December 12, 2000 hearing. The official record is recorded on tape. The hearing opened on Tuesday, December 12, 2000, at 1:50 p.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the staff Exhibit No. 2: Photos of Riverside Inn and Family report, and other pertinent documentation. Fun Center Exhibit No. 3: Photos of Levitz Furniture Exhibit No. 4: Photo of casino (green canopy) Exhibit No. 5: Photos of Southcenter Theatre Parties present: Representing Petitioner: Moe Abdelmalek Regal Cinemas 7132 Commercial Park Dr Knoxville, TN 37918 Jake Bishop 1490 NW l lth Avenue Issaquah, WA 98027 Representing City of Tukwila: Art Pederson, City Contract Planner Jack Pace, Planner 6200 Southcenter Blvd. Tukwila, WA 98188 The Examiner explained that the purpose of the meeting was to hold public hearing on the applications pursuant to Tukwila City Code. This hearing constitutes the hearing of the City Council and the City of Regal Cinemas Sign Code Variance December 21, 2000 Page 2 Tukwila. Unless there is a request for reconsideration, and appeal would be to the Superior Court. A request for reconsideration would have to show that there were clearly erroneous decisions by the Examiner. Art Pederson, Contract Planner, City of Tukwila reviewed the Staff Report. Regal Cinemas installed twelve poster cases on the south wall of their theatre. These twelve poster cases are in excess of the number, size and location allowances for signage on a commercial business in Tukwila. The Sign Code in Tukwila does not work by zone, but by type of use. The poster cases were installed without applying for permits. Part of the permit process is an accompanying consultation about what is allowed, and what will work and not work. Regal Cinemas was found to have the poster cases during the past summer. Another business in the area was told they could not have something similar, and cited the poster cases at Regal Cinemas in their response. Mr. Pederson reviewed the Criteria necessary for a variance to be approved. This would be a grant of special privilege. The Code currently allows one sign per exposed building face. The number of signs would be increased to thirteen in this case, adding twelve. The Code states that the maximum square footage of a sign on a building face is 150 square feet. There is a special application for permission to increase signage for buildings set far back from the street and the sign size would be inadequate for identification purposes. Regal Cinemas applied for that, originally asking for an increase from 150 square feet to 400 square feet. After negotiation, a 490 square foot sign was granted. The poster cases are roughly 15.5 square feet each, and there are twelve of them. That would add 188 square feet. If the space between the poster cases is counted, there would be 500 square feet of extra signage. This would make more than one sign per exposed building face The sign regulations pertain not to zone, but to use. All commercial businesses in the City have the same sign regulations. That means they must thoughtfully design their building and their signage within the rules. Any extra or different signage needs should have been considered during the design process. To do that after the fact is granting a special privilege that other business do not have. There are no special circumstances relating to size, shape, topography, location or surrounding of the subject property. The site is flat, and the buildings around it do not block it. There is nothing that would require larger signage than what is allowed. The applicant has brought up the issue of temporary signs. The City considers this application as a variance from the permanent Sign Code Regulations. These sign cases are permanently affixed to a brick wall, and are wired for electricity. In the Code, boxes are part of the structure of a sign, making them a permanent sign. The City has invested considerable time and effort in creating the Sign Code, in educating businesses about, and fairly enforcing it across the City. The poster cases would be an unnecessary deviation, and a detriment to the purpose of the Sign Code, as they were done without permits and in violation of the letter and intent of the Sign Code. The City feels the poster cases would be materially detrimental to the intent and purpose of the Sign Code. The applicant has not provided facts that demonstrate any special condition or circumstance in this case. The variance has been applied for retroactively because the applicant was caught with illegal, non - conforming signs on their building and does not want to remove them. Understandably, the poster cases are an investment, but they are against the intent of the Sign Code. The applicant seeks to be able to advertise on a temporary basis the products they have. The sign cases are permanent, not temporary. They would be a deviation from Code because they are far in excess of the amount of signage allowed in the area. The applicant has asked for granting of the variance based on their needs for temporary signage. The temporary sign Code in Tukwila allows temporary signs to be shown for a limited period of time and doesn't state what that limited period of time is. It also states that a window sign should .. ,.. .,r .:txx.4•. L::.�1xviR.Rk/",;+y +?�i.�'�fl!: .?'44GiY.S'.'Me .fAt•.ia''t '. •. M z F- z ce w 00 CO U") I V)w wO cn =w t—= zF t— 0 z F- LU w U� O N. o 1- w w 0 o .. z w O ~ z Regal Cinemas Sign Code Variance December 21, 2000 Page 3 only cover 25% or less of the window area. If the applicant needs to advertise for a week or two, they have a bank of thirteen windows, which includes the doors on the front entrance. A variance would not be needed to display temporary signs there z The poster cases would not help at all in identifying the business. The large Cinema sign adequately identifies H z the business. This is a problem that can be addressed by designing better signage that conforms to the tX regulations of the City, not by adding an extra twelve poster cases. 6 v 0 The purpose of the Sign Code is to establish standards and guidelines so that the streets are orderly and safety is w increased by minimizing clutter and distraction. The City has put considerable effort into creating the Sign ILI Code and educating businesses about it. When a business chooses not to follow the regulations it has an u_ adverse effect on the Sign Code process. w O The City finds that it cannot grant use of these poster cases because they are against the Sign Code, and do not U- <. meet seven of the eight criteria for the granting of a variance. = a Moe Abdelmalek, petitioner, stated that Regal Cinemas complies with code in every city where it builds Z= theatres. These poster cases were not installed illegally. A permit was obtained to do the electrical work. They w O were modified because the electrical inspector requested it. it cost Regal Cinemas $14,000 to do all the 2 modifications, installation and labor for the cases. Regal Cinemas met with the City of Tukwila and requested v 0 extra square footage for the marquees, because the square footage was not enough for the needs of a theatre. O N Poster cases are almost always installed in every design for each Regal Cinemas location. The purpose of these w poster cases is to let people know what movies are coming soon as they drive by. The marquees only show the U name of the movies. We need to give people more information about the coming attractions so that they will u. want to see the movies and bring business into the theatre. w z Jake Bishop, petitioner, stated that one primary function of the poster cases is not only to display what is p }-- coming soon, but also to allow customers to be able to tell, during high volume periods, what movies are Z playing and the show times for those movies. It is a tremendous customer service gesture and aids our operations to be able to have the customers drive up in the lane directly in front of the theatre and view the show times without getting out of their cars or disrupting traffic. Negative feedback was received from } customers when the poster cases were taken down. The Examiner explained that the petitioner must meet all of the criteria for a variance to be granted. The main criteria is what is unique about this site, not the type of signs to be displayed. Mr. Bishop stated that the road that runs right in front of the building is directly related to the layout of the Cinemas and the placement of the poster cases. It is much more accessible than some of the other businesses that may not have a convenient place for this type of sign. The posters are very detailed. They are point of sale material for what the movie is about Mr. Abdelmalek entered as exhibits photos of some of the surrounding businesses and their signage, pointing out similarities to Regal Cinemas. Mr. Pederson stated that Regal Cinemas is eligible for another 110 square feet of signage. If they feel their marquees are not adequate, they could increase the size of the marquees and add show times, etc. The first site plan submittal that was made showed the Cinema building being up close to the street, not set back behind the parking area. Had they done so, the 490 square foot of signage would have been more than adequate. The : If"+ n. �Y' YY3? Nntr. Y%. Y. 4]• J7.11•01 ,,,,?'IY.Tw4�.nY,:�•.'kxPVa • !1 Regal Cinemas Sign Code Variance December 21, 2000 Page 4 applicant chose to instead to locate the theatre behind the parking area. Mr. Pederson explained how the signage on the surrounding businesses that were mentioned either conformed to Code or was non - conforming signage and would need to be corrected by December 31, 2001. Mr. Bishop pointed out that Regal Cinemas would not be able to utilize the surplus 110 feet on the front marquees because their would still not be enough space to advertise show times. Mr. Abdelmalek stated that Regal Cinemas would like to work with the City on finding a compromise for the usage of the surplus square footage. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 2:40 p.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Regal Cinemas Parkway Plaza, filed a request for a Variance from the Tukwila Sign Code in order to continuing displaying movie posters in external frames on the front facade of its building. 2. The subject site is located at 5910 S 180th Street in Tukwila, Washington. 3. The applicant operates a multiplex cinema theater. The theater has a main sign with its name high on the front facade of the building. It also has a marquee sign that actually consists of six (6) signs showing the current movies playing in the various theaters. These are located about mid - facade above the entrance to the theater. These marquee signs have a limited display surface and provide the mere basics regarding the movies being shown. 4. The original plans approved by the City appear to show poster cases or boards mounted to an interior wall of the building. 5. At some point, the applicant installed 12 glass- fronted, poster cases or frames that contained interior lighting. Printed copy in these cases show the current movies in more detail. These were updated with the movies being shown. 6. Another business operator in the City apparently wanted to install similar types of signs or posters and was told it was not permitted. That business noted that this applicant had such posters. That resulted in the City review of the current use and a finding that it violated current sign code provisions. Thereupon, the applicant submitted a request for a variance from the sign code. 7. The Board of Architectural Review in reviewing the proposed plans indicated that the large exterior sign did not conform with the provisions of Title 19. A "special permission sign permit" could authorize a larger sign. That permit was applied for and approved. The poster cases were not part of any formal design review even if they may have been reviewed for an electrical permit. z _� �Z 0w QQ� J U U O U D w w J H w• 0 -a H =. z I- O z 1-. w o U co O — o t-. =• U H1 O Z w =. O H Z Regal Cinemas Sign Code Variance December 21, 2000 Page 5 8. The applicant received permission to have the main sign and marquee portion reviewed as one larger sign. Code permits one sign per wall elevation and the size is determined based on the facade's square footage. The larger dual purpose sign was permitted due to the building's greater setback from the street which makes its signs less visible to passersby. z 9. Other cinema operators in the City do not use such exterior poster displays. 1 `rt w 10. Other businesses cited by the applicant for having signs that did not appear to comply with the code U O provisions are apparently legal, non - conforming uses. These non- conforming uses have been provided CD 0 an amortization period which expires at the end of this year. w = LLI J H U) u_ 11. The area in which the theater is located is open and topographically level. The theater had originally w O been planned for a location closer to the street but the applicant altered those plans and voluntarily 2 increased the setback. g 12. Businesses located within larger mall buildings are not permitted to have additional detailed I= d ., w information displayed on their respective facades. Z H I— O CONCLUSIONS: w w np 1. Sign Variance review shall be a Type 3 permit pursuant to 18.104.010 and may be granted when the 0 cn property generally satisfies all the conditions described in part below (Section 19.12.060): 01— ww 1. That the variance as approved shall not constitute a grant of special privilege which is H H inconsistent with the intent of this sign code, nor which contravenes the limitation uses of O Z' property specified by the zoning classification in which this property is located. U 2. That the variance is necessary because of special circumstances relating to the size, shape, z topography, location or surroundings 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. 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located. 4. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. That the variance as granted represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. That granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. 8. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety. Regal Cinemas Sign Code Variance December 21, 2000 Page 6 The proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. (Ord. 1913) z The applicant must show all of the criteria have been satisfied and not just one or some of them. The variance is not justified in the current circumstances. F w re 2 2. No other newly developed properties have been permitted to erect signs such as that proposed by the -I 0 applicant. The Sign Code with its strict limitations on erecting excess signs was recently amended. u) p Other theaters located in the zone don't have such signs. Other businesses whose specific product is not 1.11 i clearly identified by their own respective signs do not have such signs. Approving the sign would J I.- U) LL extend a special privilege to the applicant. uj O 3. The site is large and flat and the building and facade are clearly visible from the adjacent roadway. The g subject site has no unusual or unique special circumstances that limit the use of the site. The u applicant's argument merely indicates that they consider their use, the showing of movies, as unique. = w But actually, their product is not that much different from any other product sold by shops in larger z i malls or other stores. In other words, books are not specifically identified by book stores, and the 1. O, individual items in the linen store, the kitchen shop and the computer software store don't have special w '— Ca uj signs defining their unique and separate offerings. ? D 8w 4. The approval of the variance might not create any physical harm but will injure the harmony achieved 01-- by limiting the proliferation of signs. Then again, the clutter and distraction of such signs could lead to 2 w drivers being distracted trying to read small print and detailed information. E— H — O 5. As indicated above, there are no special circumstances that the proposed signs overcome. While the ti.i u) building is setback from the street, that was a building design and location chosen by the applicant. In H =. addition, the type of signs proposed do not overcome any locational issues. O F- z 6. The request does not appear to be the minimum necessary to overcome any hardship. In addition, this applicant has taken advantage of provisions that allow expanded sign surfaces. Again, there is no real hardship specific to the subject site. It would also be impossible to discern what would be the �. minimum deviation from the code would be other than that the applicant would like to clearly identify each movie they are showing. Such a precedent would mean that a larger theater would want to hang even more poster signs. 7. The additional signs would not help the public identify the business. It is clear that the business shows movies. It would potentially aid the public in identifying specifics about each movie. Similarly, more detailed signs would help the public identify all the products some other stores in the area sell. 8. Approving the variance would diminish the effectiveness of the Sign Code. It would allow additional clutter on the facades of buildings. Proliferation of signs could adversely affect public safety if passing cars slow down to read the copy found on the signs. 9. The isolation of this business from other buildings and businesses would prevent any signs from interfering with the location or identification of other businesses. 10. In conclusion, the variance is unwarranted. This office will not speculate on whether there are other %Y!Yite , r Aw, i' FNt+ R." d-. c!' s�;'?' d7 «"e!'°?'iizxT't'�r":?v:•roerw. way Regal Cinemas Sign Code Variance December 21, 2000 Page 7 means available to the applicant to expand the way it provides information to the public that may meet the various criteria of the Sign Code. DECISION: The Variance from the provisions of the Sign Code is denied. ORDERED THIS 21st day of December, 2000. A4 U AN FRED J. KA HEARING E INER TRANSMITTED THIS 21st day of December, 2000 to the parties of record: Art Pederson 6200 Southcenter Blvd Tukwila, WA 98188 Jack Pace 6200 Southcenter Blvd Tukwila, WA 98188 Moe Abdelmalek Regal Cinemas 7132 Commercial Park Dr. Knoxville, TN 37918 Jake Bishop 1490 NW l l th Avenue Issaquah, WA 98027 TRANSMITTED THIS 21st day of December, 2000 to the following: Steven M. Mullet, Mayor John McFarland, City Administrator Jane Cantu, City Clerk Reconsideration must be filed in writing on or before 5:00 p.m., January 11, 2001. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within twenty-one (21) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. The appeal provisions of the Tukwila Municipal Court are unclear on the time for fling an appeal. The appeal shall be filed with King County Superior Court within 21 days of this decision. Ciiy of Tukwila of.1.) Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director November 20, 2000 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION q(95°)1/4 9°.'‘)6 6 O(A Regal Cinemas Parkway Plaza has filed an application for a Sign Code, Variance, Number L2000-056, to retain 12 illegally installed and non - conforming poster boxes on the exterior covered walkway of their building at 5910 S 180th St, Tukwila, WA. You are invited to comment on the project at a public hearing scheduled for December12, 2000, 1:30 PM before the City Hearing Examiner. The hearing will take place at the Renton City Hall, Council Chambers, 2000 Mill Ave S, Renton, WA 98055. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact contract planner Art Pederson of Madrona Planning at (206) 297-2106 or visit the City of Tukwila offices of the Department of Community Development at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the 'Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 1404r K33 ;outhcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 sa) City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director October 20, 2000 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Regal Cinemas Parkway Plaza has filed an application for a Sign Code Variance, Number L2000 -056, to retain 12 illegally installed and non - conforming poster boxes on the exterior covered walkway of their building at 5910 S 180th St, Tukwila, WA. You are invited to comment on the project at a public hearing scheduled for Tuesday December 12, 2000, 1:30 PM before the City Hearing Examiner. The hearing will take place at the Renton City Hall, Council Chambers, 2000 Mill Ave S, Renton, WA 98055. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact Art Pederson at 431 -3684 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday.through Friday, 8:30 a.m. to 5:00 p.m. FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z 4-z. mow: 6 JU 00 w o, J i. H w 0 u. J. = w. z� z° w. U o f-'. WW 1- U 0 z, U� o z City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director October 18, 2000 Fred Kaufman Hearing Examiner Renton City Hall 200 Mill Ave S Renton, WA 98055 RE: Rescheduling Hearing Date for Regal Cinemas Sign Code Variance (L2000 -056) Dear Mr. Kaufman: The City of Tukwila on behalf of Regal Cinemas would like to reschedule the November 21, 2000 hearing for a variance from the Tukwila Sign Code. Regal Cinemas makes this request due to personnel scheduling conflicts on that date. Enclosed please find a copy of their letter requesting this change. I have already spoken with Joan at your office and tentatively scheduled a new hearing date on December 12, 2000 at 1:30, awaiting this written request. Please let me know if this is still possible. My number is 431 -3684 Sin - -ly y'urs, �r/''`' Art Pederson Assistant Planner City Of Tukwila Enc: Copy of letter from Regal Cinemas 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 tiormr4twAtAtfMI4 F _.cy�nae « rr.1 OCT, -18' 00 (WED) 10:56 REGAL ( 1NEMA -REAL ESTATE October 18, 2000 TEL :1423 925 9754 Art Pederson City of Tukwila, Department of Community Development 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 • t. OCT 1 8 2000 ..::•`:AfiLuNr 1yL OPMEN lT RE: Variance for Poster Cases at Regal Cinemas, Tukwila, WA Please change the date for when our variance will be heard for our movie theatre poster cases from Tuesday, November 21" to Tuesday, December 12t. We were unable to schedule the necessary personnel to attend the November meeting. Thank you for all your help in this matter. 7132 Commercial Park Drive Knoxville, Tennessee 37918 Phone: (065) 922.1123 Fox: (865) 922.3188 e , ead eaters Pam McGrew - Kesselring Signage Coordinator P. 001 /001 z W WD; 0; 0 0: . moo: All =' W O: 2 J L.L. = a 1.. W .z� +. E- 0, Z 1- CE 0 I•-. 'W W .2 H U; LLB'. Z U ~ z State of Washington County of King City of Tukwila CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(a)ci.tukwila.wa.us AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGN(S) I erg 1'Lk dorwa (PRINT NAME) understand that Section 18.104.110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness. I certify that on De +, (o t 7 Co the Public Notice Board(s) in accordance with Section 18.104.110 and the other applicable guidelines were posted on the property located at Ib 5, 1 SO± S+r + so as to be clearly seen from each right -of -way primary vehicular access to the property for application file number LZLYL} —O5v. I herewith authorize the City of Tukwila or its representative to remove and immediately dispose of the sign at the property owner's expense, if not removed in a timely manner or within fourteen (14) days of a Notice letter. Applicant or Project Manager's Signature On this day personally appeared before me pi-p_ L , 18 rLrha ii to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN to before me this ay of REPUBLIC in and for the State of Washington / residing at K ?.t?? ('a r C,) // My commission expires on door Z QI = Z WiO 0 to 0 wz J H U) u_ WO u_ d W Z -. 1- 0 Z I— U� I- U Z' i I O 1- z October 5, 2000 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Pam McGrew - Kesselring Regal Cinemas Corporation 7132 Commercial Park Dr Knoxville, TN 37918 RE: Correction of Notice of Hearing and Notice of Application for a Sign Code Variance for Regal Cinemas Parkway Plaza (L2000 -056) Dear Pam: The Notice of Application and Notice of Hearing recently issued contain a typing error. They state that there are "10" illegal poster cases that must be removed subject to a Hearing Examiners determination. The correct number is "12" poster cases. To reiterate, the position of the city in this matter is that all poster cases along the covered walkway area of the cinema, regardless of number, must be removed as they have been installed without receiving prior approval and exceed the allowable number and square footage limits of allowable signage for a business in the City Of Tukwila. To avoid any confusion for the general public, I will post corrected copies of the above mentioned notices on the notice board outside the cinema. I apologize for any confusion in this matter. If you have any questions please contact me at (206) 431- 3684. Art Pederson, Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 • City of Tukwila Department of Community Development September 28, 2000 Pam McGrew - Kesselring Regal Cinemas Corporation 7132 Commercial Park Dr Knoxville, TN 37918 RE: Sign Code Violation for Regal Cinemas Parkway Plaza (RFA 2000 -166) Dear Pam: Steven M. Mullet, Mayor Steve Lancaster, Director In the meeting between Mo Marbarek and myself on August 9, 2000, Mo proposed the option of keeping the poster boxes that are the subject of this RFA for some other non - signage use. After much consideration the decision has been made to deny this request. The poster cases must be removed per the instructions for Corrective Action in the June 15, 2000 Correction Notice from Jason Jones, City Code Enforcement Officer. Regal Cinemas went through both a design review hearing for the building design, which included issues of signage, and the process for both a "regular" sign permit application and a Special Permission Sign Application. During both of these reviews the allowable sizes, locations, and number of signs was extensively discussed. In light of this and the universal application of the Tukwila Sign Code to all businesses in the city, there can be no justification for allowing the continued presence of sign/poster cases that were installed both without permits and in excess of the allowable signage for a commercial enterprise. Regal has applied for a Sign Code Variance on this matter. This hearing is scheduled for November 21, 2000 (notice for the time and location has been mailed separately). As we discussed previously, Regal may keep the empty and unused poster boxes in place until the Hearing Examiner issues a decision. Finally, as I informed you in the Letter of Complete Application on 9/22/2000, a notice board must be installed on the site for the posting of the Notice of Application and the Notice of Hearing. Both of these notices are laminated and ready pick up and posting by someone from your organization. After these have been installed, please return the signed and notarized Affidavit of Posting. If you have any questions please contact me at (206) 431 -3684. Art Pederson, Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director September 27, 2000 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Regal Cinemas Parkway Plaza has filed an application for a Sign Code Variance, Number L2000 -056, to retain 10 illegally installed and non - conforming poster boxes on the exterior covered walkway of their building at 5910 S 180t St, Tukwila, WA. You are invited to comment on the project at a public hearing scheduled for November 21, 2000, 1:30 PM before the City Hearing Examiner. The hearing will take place at the Renton City Hall, Council Chambers, 2000 Mill Ave S, Renton,,WA 98055. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact Art Pederson at 431 -3684 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z re 2 ~w� 6 U 0. cn w , W I -I 1- wO �¢ =a w _, z 1._. z° 111 uj Uin Co II; :o I- 1.1.1 U LI o Z. w ort 0 z City of Tukwila Steven M. Mullet, Mayor Department of Community Development NOTICE OF APPLICATION DATED September 27, 2000 The following applications have been submitted for review and decision. FILE NUMBER: APPLICANT: LOCATION: PROPOSAL: OTHER REQUIRED PERMITS: Steve Lancaster, Director L2000 -056 (Sign Code Variance) Regal Cinemas Parkway Plaza 5910 S 180th ST, Tukwila, WA To retain 10 illegally installed and non - conforming poster cases located in the exterior walkway of the cinema None These files are available for review at. the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on October 10, 2000. This matter is also scheduled for a public hearing on November 21, 2000 before a Hearing Examiner. If you are interested in attending the hearing, please contact the Department at (206) 431 -3670 to ensure that the hearing is still scheduled for this date. If you cannot submit comments in writing by the cutoff date indicated above, you may still appear at the hearing and give your comments on the proposal before the Hearing Examiner. If you have questions about this proposal contact Art Pederson, the Planner in charge of this file. Anyone who submits written comments will become parties of record and will be notified of any decision on this proj ect. APPEALS You may request a copy of any decision or obtain information on your appeal rights by contacting the Department at 431 -3670. A decision from the Hearing Examiner may be appealed to Superior Court. The Department will provide you with information on appeals if you are interested. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • City of Tukwila • Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION September 22, 2000 Pam McGrew - Kesselring Regal Cinemas Corporation 7132 Commercial Park Dr Knoxville, TN 37918 RE: Sign Code VarianceApplication for Regal Cinemas Parkway Plaza (File No. L2000 -056) Dear Pam: I received your resubmitted responses to the Sign Code Variance Review Criteria on September 19, 2000. Your application, for a Sign Code Variance for the Regal Cinemas Parkway Plaza (File No. L2000 -056) is now complete for beginning substantive review as of September 22, 2000. Shortly, a hearing date will be scheduled with the Hearing Examiner. Within the next 14 days, you must install a notice board on the site, per the instructions found in the application packet. A notice of application form will be laminated by the Department of Community Development. You will be notified when this is ready for you to pick up. After the form has been installed, please drop off a signed Affidavit of Posting to show proof that the notice board and proper notices have been installed. You will be responsible for removing the notice board from the site once the hearing has been held and a written decision issued. This determination of Complete Application, however, does not preclude the City from requesting additional information. If you have any questions about this notice please do not hesitate to contact me as planner -in- charge of your project at (206) 431 -3684. Art Pederson Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 z • =w (X 2 6_ _Jo u) 0 W= H w 0. LL =, Cl) a. H = Z� Z o. ❑ :w W: I U: O z 0 Off"' z.. August 30, 2000 • Gity of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF INCOMPLETE APPLICATION Pam McGrew - Kesselring Regal Cinemas Corporation 7132 Commercial Park Dr Knoxville, TN 37918 RE: Sign Code Variance Application for Regal Cinemas Parkway Plaza (File No. L2000 -056) Dear Pam: Your application, for a Sign Code Variance for the Regal Cinemas Parkway Plaza (File No. L2000 -056) has been found to be incomplete for beginning substantive review as of August 30, 2000. In order for this application to be determined complete, you must submit the following information to the Department of Community Development: 1. Your response to review criteria answered the criteria questions for a Zoning Code Variance. As this is a Sign Code Variance you must respond to the appropriate set of questions. They are on the last page of the application packet (the page following the Criteria for Zoning code Variance). A copy of this section is enclosed. A completed and notarized copy of the "Affidavit of Installation and Posting of Public Information Signs(s)" was submitted with this application. This form must be completed and submitted only when the public- notice sign(s) have been installed and the Notice of Application has been posted. The Notice of Application is not issued until a Letter of Completeness is issued. This will occur once the information requested above is submitted. A new copy of this form is included for your convenience. Upon receipeof this information, the City will re- review the materials you submit for completeness and will mail you written notification of completeness or incompleteness within 14 days. This application will expire if we do not receive the additional information within ninety (90) days of the date of this letter unless an extension is granted pursuant to Section 18.105.070(E). If you have any questions, my telephone number is 431 -3684. Art Pederson Assistant Planner .63.0.0 Soutitcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 August 16, 2000 1 7 2000 Jack Pace City of Tukwila, Department of Community Development 6300 S. Center Blvd. Tukwila, WA 98188 RE: Variance for Poster Cases at Regal Cinemas, Tukwila, WA Dear Jack, Enclosed is the $600 check for the variance application. Please continue to process this application and let me know if any needed items are missing. Thank you for all your help in this matter. Sincerely, 7132,Commercial Park Drive .KnoxviIle, Tennessee 37918 Phone: (865) 922-1123 Fax: (865) 922-3188 Corporate Headquarters Pam McGre esselring • Signage Coordinator •,^ z , 1—:." • '•.6 oy• • . lit', • • LW r • LL ID • •: • • ..40 "". • • • •-• • • • • .1.7. : • • •. 1-; 1-"a• • „ Z '• tli":" • '"" • : ID•a; • •. • •'• • • co.„ " • i0 • •'.111 „ • • • • • • 0. . z • • _01 •• • yr_-: „, ,o • • ; :Z..' • CITY OF TUKWILA CO a'.. . Department of Community Developments 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us ZONING OR SIGN CODE VARIANCE APPLICATION FOR STAFF USE ONLY Sierra Type: P -SV or P -VAR Planner: Arc- 'j%,b�sd13 File Number: 4 2.O2c9 — ©S(, Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street ad. 'ss or, if vacant, indicate lot(s), block and su division, access street, and nearest irjersection. LIST ALL 10 DIGIT PARCEL NUMBERS. ctQ: S are kr ixty I*Za 1 �. 51-P0 T,tKv ► l a '7?/ (5)' Quarter: Section: '3E Township: Range: _C* (This information may be found on - ___._. _._`_______t `B 1 a GY.r'lfn 1 Cock, QvDS-ke DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: Pcu'n Address: //,,,, ^ Phone: BIU qa5— woo 1111) .I/ 1i! li! r- .i as 1a' • Signature: G:WPPHANU.ANDUSE.APP■ZONVAKDOC, 06/16/00 art • FAX: $(05 90)5-- 6475-1/ 3798 1187/d° Date: STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan cr,ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, 'ts e ployees agen , en ! ineers, cont + to or • ther rep es ntative the right � ter upon Owner's real property, located at - I JP, 1& for the purpose of application review, for the limited time necessary • complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. 7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. m EXECUTED at Kr) O)V , r j (C (city) (state), on 1, 6i 11 11 (Print dame) (Address) (Ph ; • e Niimber) -1# JAI itA .10 : 44 Ai !L 0 Am, / I • • sa fa!, • _111:x. L r. 31a1F (Signature) On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. n SUBSCRIBED AND SWORN TO BEFORE ME ON THISJ�ki DAY OF , ODDD ▪ NO ARY PUBL to d e State of Wasfrfttgter e residing at 1/.3.? D r12 piecY A0/1,■/'/e jyvve knog • 7 ,r t. 9 /8' My Commission expires on y CM(i { lrs .( l .,,-xpire5jun8,��p�'' Z W. C4 2 6 JU 00 to I W O g Q I' a I. W Z= I— O Z 1- W Lu U� O N:. D I— W W 1 1--0, u.. 0. .• Z U co z 2065756807 Art Pederson (206) 431 -3665 Dept. of Community Development 6200 Southcenter Blvd. Tukwilla, WA 98188 RE: Violation of sign code at Parkway Plaza 12 Mr. Pederson, PARKWAY 12 #48 -783 This letter serves to inform you of our intent to comply with your cases at our Parkway Plaza theatre, located at 5910 S. 180th St. resolve this situation in an timely manner. We hereby request that Friday, 3uly 28th to properly remove all poster cases located at the Electricians will be notified to disconnect power to all units, and th called out to remove said poster cases from the front walls. Please let me know if there is anything else required of us at this tii regards to this matter, and please contact me if you have any quest Sincerely, Jake Bishop District Manager Regal Cinemas (425) 750 -8856 Jake Bishop District Manager Regal Cinemas Tel.: (425) 750 -885, quest to remove the , aoster ease understand our 'intent to egal Cinemas is allowed until front of the buildinti. general contractor will be e. Thank you for your help in ons. „^'•r,Fr'1i �� j z F-Z 6 UO co • N w W= W0 g Q; P _. z ,_• z�. w w; itiz .o z _07/24/2000 20:00 20657562: r July 24th, 2000 Art Pederson / Jason Jones (206) 431 -3665 Dept. of Community Development 6200 Southcenter Blvd. Tukwila, WA 98188 RE: Violation of sign code at Parkway Plaza 12 Mr. Pederson, PARKWAY 12 #48 -78;3 RECEIVED CITY OF TUKWILA JUL 2 4 2000 PERMIT CENTER PAGE 01 Heather Jennings General Manager Regal Cinemas Tel: (206) 575-6702 This letter serves to notify you of our intent to file for a special si variance at 5910 S. 180th St. We have turned off power to the poster cases and removed all post . and sign age durit.'g the process of applying for this variance. In addition, we have received notice that the variance must be sub This letter was sent by Jason Jones, Code Enforcement Officer. As we are "with all haste" gathering all of the necessary requirements variance as soon as possible, though it may be shortly after the Au Please let me know if there is anything else required of us at this regards to this matter. Sincerely, Heather Jennings General Manager Regal Cinemas Parkway Plaza 12 (206) 575 -6702 'tted by August 4th, ^000. er our conversation today, r the variance and will file the st 4th deadline. e. Thank you for your help in b9 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 CORRECTION NOTICE June 15, 2000 Date of Notice: Name: Street: City: Location of Violation: Date of Inspection: Regal Cinemas 7132 Commercial Park Dr. Knoxville, TN 37918 5910 S. 180th St. Tukwila, WA 98188 June 14, 2000(RFA 00 -166) Steven M Mullet, Mayor RECEIVED JUN 15 2000 COMMUNITY DEVELOPMENT An inspection of the above revealed the following violation of the Tukwila Municipal Code: DESCRIPTION OF VIOLATION: Construction of illegal poster cases along south elevation of theaters. (TMC 19.12.010, 19.28.010, and 19.32.140) CORRECTIVE ACTION: Remove illegal poster cases as required by sign code. Contact Art Pederson in the Department of Community Development at 206 -431 -3684 for further information. Our records (King County Assessor's records) identify you as the person responsible for this property. As such, you must take the above described corrective action by June 29, 2000 or a Notice of Civil Violation may be issued and you will be assessed monetary penalties of up to' $100 for each of the first five days that a violation exists and up to $500 for each subsequent day the violation continues, pursuant to the Tukwila Municipal Code Chapter 8.45 "Civil Violations, Enforcement and Abatement." If you have any questions, please contact the Code Enforcement Office at 206- 43.1 -3682 during my office hours of 8:30 -10:00 a.m. and 3:30 -5:00 p.m. Your cooperation will be greatly appreciated. Sincerely, Code Enforcement Officer JWJ/bw Art Pederson detAJ flL013 / //vpi`i 46 f=20m Phone: (206) 433 -1800 • City Ha11 Fax: (206) 433 -1833 ivU -- 5-11) 1 00/29/2000 11:46 206575a"`.;�7 d Art Pederson (206) 431 -3665 Dept. of Community Development 6200 Southcenter Blvd. Tukwilla, WA 98188 PARKWAY 12 #48 °43 RECEIVED JUN 2 9 2000 COMMUNITY DEVELOPMENT • RE: Violation of sign code at Parkway Plaza 12 Mr. Pederson, This letter serves to inform you of our intent to comply with your cases at our Parkway Plaza theatre, located at 5910 S. 180th St. resolve this situation in an timely manner. We hereby request that Friday, July 28th to properly remove all poster cases located at the Electricians will be notified to disconnect power to all units, and th called out to remove said poster cases from the front walls. Please let me know if there is anything else required of us at this ti regards to this matter, and please contact me if you have any quest Sincerely, Jake Bishop District Manager Regal Cinemas (425) 750-8856 PAGE 01 Jake .Bishop District Manager Regal Cinemas Tel.: (425) 750 -8856 equest to remove the poster lease understand our intent to egal Cinemas is allowed until front ot'the building. general contractor ill be e. Thank you for yo'u help in ons. r.:. 4. V:.::... wni3.: i•; iia+ 2i:' v:::' i_:::.'. ic: s) ft:.if:...i..ii.'_F::w—'^".'�Ji tv }.v�_::::.,.�.:. • • z a • �Z wi UO u i? w O. � }r g u-¢ =a 1— w ', z i--; IL/ mil .0 ;w W. F--. — O. ..z: w o z 0 a Li 0 0 b e 0 3: iD H9i Od 01 -.1- 31.1'a214 NOON I A11s113r0 ..0 .9 file: / /C: \WINDOWS \TEMP \REGALSHEET2OF2 jpg z Ir�y WC 4 W L= —JO O 0 O (3 LL = U)LL WO Q LL co ci = W 1--0 Z W W _. 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SOC. MEW ROME 3 sots Pa• all 0121. 2. SEE �O M S0401.113 FOR DOM INIONES ALL °MULE/ CO/CNETE IIVSONRY WPC CII-1A 1214.0. S. PROVIX YMCA/ TNATISMON COMO SPOT EWE DAI ANN iEDi AT AJICTURCS O NNSCONO SAUPEeif to NEN WM MSC& 111•112171014 UNE. MATERIAL LEGEND IIIJUNCTION 108 P8118» EOM Airr WPN ARCHTIECTURE. NO NM OM MIMI MG TOKYO CIIMION MOP In NEN 111 SLY In CV NW ACT X THEATRES TUKWILA CINEMA TUKWLA, WASHINGTON mown. 21032 11701137E0 sows MIL es PI IN 41•110 -ELEIAT!ONS AMMO SEr- 1 OM • PO•ffrOVNIIA . • • . • • If I '• • , . ''••• 4.• • • k"? • ,V • ,• • 1: • '.4%*: : • • • •• • ' • . • A e .• •. • ARC.HITECTuRE:. F:;;;:./!•: .m..111.111 AMU ad • • • totnAND saed• 71l :.• L.. • ,R MAO �MW • •"....:••;• MI • • : r APLAN AVVORI- MUT 0170 kCCR IIIKCAST MOM. IOVIED WIIU • r • .9.44, • ' • 1.01=1 r MCCA.ff v. 112.83t1 • • NMI r Men • D1 eoun4 AMON 16,4• r-r *r-r r..e• Atif%.11% • • •:.• • , I . B. ELEVATION D5 PRECAST Derm.. ipt.o•-cr • .• • TUKWILA, MA'AM:4,T 0 tr.:: ma.er r. 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ArrhatMlirg J '1� EAST BUILDING ELEVATION NTS • NMI amo 111 =■ mimmENu =H1 Eli IS' 1111 __=111ufl11_fl11=It 1111P .OUTH BUILDING` INEVA al HiSSEME i11111111111111, fl►= NTS WEST BUILDING ELEVATION NTS 0i11I1 i101ti u.ii 1l1�l�ll ,�I�1I�i�l�,lli��11111111i1IIIl 1111 .iI(IIIIII1i1�.III�I�I�,���I WPM ARCHITECTURE,. 513 NW 13Th AMR 300 PORTLAND OREGON 97709 TEL 503 t77 0505 PAX 503 e77 0506 ACT III THEATRES TUKWILA CINEMA TUKWILA, WA PROJECT NO.: 97033 DRAWN: NLL DATE: 98 03 30 TITLE: SIGNAGE REVIEW BUILDING ELEVATIONS SHEET: 1 4 �X�• .L' • .z • ) • TOTAL SIGNAGE AREA: 490 SF L hi_ i..• 4,4 � I I■ i ,\ _ I1'rJna!IaI!ILo!Jl... 1 :iI vt, rum :.R'4131117111. - S_• -11— -u1 111•— - 14.-11_��'97( II1� .14 —.. ,W 111,— el--• .1— ley j,1IA •bVJ31111O11AIIII=1 'f•1Nd�llp� I •bid ,oIp1m .(YTdAM1U1=11■1 ' •(U Al LAMM .illl.lilll[llllllillbl i[4illil01.10IIIII ICI. IIIIULIIIIIIIIIIIIILIIIIIIIIIIIIIUIIIIIIIIIII lljIU�UI)IIIIIII•J iiiliii� _ A7YL WPH ARCHITECTUR1 513 NW DTH AVENUE 300 PORTLAND OREGON 97209 TEL 503 827 0505 FAX 503 827 0506 REGAL / ACT III TREAT: TUKWILA CINEMA TUKWILA, WASHINGTOP PROJECT NO.: 97033 DRAWN: KCB DATE: .98 10 21 SHEET TITLE: • PROPOSED SIGNAGE SHEET NO: 2