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HomeMy WebLinkAboutPermit L05-020 - STEINBERG DOUG - SPECIAL PERMISSIONDOUG STEINBERG 14816 TUKWILA INTERNATIONAL BOULEVARD APN# 00041000142 L05 -020 FILE NUMBER: APPLICANT: OWNER: REQUEST: LOCATION: ASSOCIATED PERMITS: SEPA DETERMINATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF: • Guy of Tukwila Department of Community Development NOTICE OF DECISION PREPARED September 13, 2005 L05 -020— Special Permission from the Director Douglas Steinberg Douglas Steinberg Requests approval from the Director to locate two cargo containers on his property on Tukwila International Blvd (TIB). 14816 TIB, King County Parcel Number 00041000142 None Exempt Regional Commercial (RC) Regional Commercial (RC) Brandon J. Miles, Assistant Planner • Steven M Mullet, Mayor Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 ■ FINDINGS Vicinity /Site Information Project Description Existing Development Douglas Steinberg owns the commercial building at 14816 TIB, King County parcel number 0041000142 and wishes to located two cargo containers on the property. A fence will be used to screen the containers from view. The two cargo containers are currently located on an adjacent parcel (King County Parcel 0041000143) that is also owned by Mr. Steinberg. The applicant had originally submitted an application to keep the containers in their current location. Cargo containers are only permitted in the RC zoning as an accessory use. Tukwila Municipal Code (TMC) 18.06.870 defines an accessory use as "... [A] use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use (Emphasis added) ". TMC 18.06.885 defines a principal use as, "...[T]he use for which a lot, structure or building, or the major portion thereof, is designed or actually employed ". Cargo containers cannot be located on parcel 0041000143 as an accessory use, since there is no principal use. The proposed location of the cargo containers is on a property that contains a retail building. The building is set off of TIB approximately 25 feet. Parking for the building is located in the front and rear of the building. A large portion of the rear of the property is vacant and overgrown with blackberries and weeds. The applicant has proposed to locate the containers in this location. Surrounding Land Uses The Seattle Indoor Swap meet is located directly north of the subject site. To the south of the subject site is a vacant parcel owned by the applicant. The parcel to the east is also vacant. TIB borders the property directly to the west. SPECIAL PERMISSION CRITERIA Tukwila Municipal Code (TMC) 18.50.060 allows cargo containers to be used as an accessory use in the Regional Commercial (RC) Zone. All cargo containers must comply with criteria detailed in Section 18.50.060 of the Tukwila Municipal Code and be approved as a Type II application: 1) Only two cargo containers will be allowed per lot, maximum length 40 feet. The proposed cargo containers are 40 feet in length and eight feet in width. • • 2) The container is located to minimize the visual impact to adjacent properties, parks, trials and rights -of -way as determined by the Director. The cargo containers have been located in the rear of the property, behind the applicant's retail building. The adjacent properties to the south and east are vacant. Additionally, the applicant owns the parcel to the south. The Seattle Indoor Swap Meet building, located to the north, does not contain any windows on the south wall, thus the containers will not be visible from within the building. The containers have also been located in a manner to screen them from view from the Seattle Indoor Swap Meet parking area. 3) The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. The applicant has proposed the following to meet the screening requirements: 1. Wood frame fence with one inch by four -inch vertical slats with one inch spacing, painted to match the building's color. 4) If located adjacent to a building, the cargo container must be painted to match the buildings color. The screening fence will be painted to match the color of the applicant's retail building. 5) Cargo containers may not occupy any required off - street parking spaces. The containers will not be occupying any off - street parking spaces. 6). Cargo containers shall meet all setback requirements from the zone. The setback requirement for the RC District are as follows: Front: 20 feet Second Front: 10 feet Sides: 10 feet Rear 10 feet The proposed cargo container will meet all setbacks for the district. 7) Outdoor cargo containers may not be refrigerated. The applicant is not proposing to have a refrigerated unit. • • 8) Outdoor cargo containers may not be stacked. The applicant is not proposing to stack the cargo containers. CONDITIONS APPEALS 1. The cargo container cannot be used for human occupancy. 2. Items stored in the container cannot be hazardous or flammable. 3. The applicant must relocate the containers from parcel number 0041000143 to parcel number 0041000142 within 120 -days from the date of this Notice of Decision CONCLUSIONS 1. The zoning for the property allows the location of a cargo containers as an accessory use to a principal use on the property. 2. The proposed project meets the performance standards that are required in RC zone. 3. The proposed location of the cargo container will not have a negative visual impact on surrounding properties. This Notice of Decision may be appealed to the Hearing Examiner. If no valid appeals are filed within the time limit the decision of the Department will be final. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of the Notice of Decision (09/14/2005). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. Nora Gierloff, Planning Supe64isor Date August 22, 2005 Mr. Douglas Steinberg PO Box 2283 Buckley, WA 98321 RE: Special Permission Application L05 -020 Dear Mr. Steinberg: On April 6, 2005, the City sent you a letter regarding your land use application for two containers that are located on your property off of Tukwila International Blvd. The letter noted that since the containers were located on a lot that did have a principal use the application could not be approved. You were asked to either relocate the containers on the lot where your building is located or to do a lot consolidation. The City has not received any revisions to the land use application. The City is obligated to act on your application by 120 -days from the date application is filed with the City. The 120 -day period will end on September 6, 2005. If the City has not received a revision for the permit application, the City will issue a Notice of Decision for your land use application. Based on the information available to the City, the Notice of Decision will deny your land use application. The Notice of Decision will specify an appeal procedure and if you desire you may file an appeal with the City's Hearing Examiner. If you have any questions, please call (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Sincerely Brandon J. Miles Assistant Planner cc. Code Enforceme File (L05 -020) s. • City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 June 28, 2005 Mr. Douglas Steinberg P. O. Box 2283 Buckley, WA 98321 Dear Mr. Steinberg: • • City of Tukwila Department of Community Development Steve Lancaster, Director RE: TUKWILA MUNICIPAL CODE VIOLATIONS (RFA05 -016) 14816 Tukwila International BI., Tukwila, WA On March 2, 2005 you were sent a Final Pre - Citation Notice regarding illegal containers and junk vehicles on the above - captioned site. Subsequently, you did submit an application for two cargo containers. That application is still pending, awaiting a response to a correction letter you were sent from Mr. Brandon Miles. Since the violation still exists, you must either: a) remove the containers or b) obtain a permit for them. Any questions you have regarding the permitting process should be directed to Brandon Miles at (206) 431 -3684. We expect to hear from you no later than July 9, 2005 and hope to be able to close the code enforcement file at that time. Your cooperation will be greatly appreciated. Sincerely, Kcw Q J Kathryn Stetson Code Enf. Officer KAS:jt Cc: Brandon Miles Steven M. Mullet, Mayor h ?nn _Southcenter Boulevard_ Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 - 3665 April 6, 2005 Mr. Doug Steinberg PO Box 2283 Buckley, WA 98321 -2283 Re: Notice of complete application; L05 -020 Dear Mr. Steinberg: / z (// 13r on J. MI es Assistant Planner • City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION Based on a review of your application for submittal requirements for Special Permission from the Director for a Cargo Container, your application was deemed complete on April 6, 2005. Steven M. Mullet, Mayor The Department of Community Development received your request for special permission from the Director to install two cargo containers on March 31, 2005. The cargo containers would be located on King County Parcel Number 0041000143 located off of Tukwila International Blvd. The application presented cannot be approved. The property in questions is zoned Regional Commercial (RC). Cargo Containers are permitted the RC zone as an accessory use, provided they meet all of the development standards laid out in Tukwila Municipal Code (TMC) 18.50.060. TMC 18.06.870 means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. The current proposal is to have the two cargo containers located on a separate lot from where the principal use is located. Under the City's accessory use restrictions this is not permitted. The cargo container must be located on the same lot as the principal use. Another option is to consolidate the two lots into one legal of record. Enclosed you will find the application for a lot consolidation. Please revise your application to address the above comments. If you have any questions, please call (206) 431 -3684 or send an email to bmiles(ci.tukwila.wa.us. Sincerely, 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 - 3665 CITY OF TUKWILA MAR ;; 1 2005 Department of Community Development 6300 Southcenter Boulevard, Tukwila, wilEralIVENTER PERMISSION Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplanAci.tukwila.wa.us 0 DIRECTOR APPLICATION NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. K1n C- Pal -cd I #oo4l0o0II T � �n o-kiA )bitiernCifiond B /JQ(. juS - rf oti } il b- Quarter: Section: Township: Range: (This information may be found on your tax statement.) 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: Pb 0 3 ete l n h e Address: c � a� S3 11 c. k B K)A . 93 Phone: dZO�Q` 2.11 t - 7 S 0 I I FAX: E -mail: Si 64e-r b - - 46 Date: fl (r 30 ;1006 • RECEIVED CITY OF TUKWILA SPECIAL FOR STAFF USE ONLY Sierra Type: P -SP Planner: File Number: j.j0 5 — 0 7D Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: CITY OF TUKWILA MAR ;; 1 2005 Department of Community Development 6300 Southcenter Boulevard, Tukwila, wilEralIVENTER PERMISSION Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplanAci.tukwila.wa.us 0 DIRECTOR APPLICATION NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. K1n C- Pal -cd I #oo4l0o0II T � �n o-kiA )bitiernCifiond B /JQ(. juS - rf oti } il b- Quarter: Section: Township: Range: (This information may be found on your tax statement.) 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: Pb 0 3 ete l n h e Address: c � a� S3 11 c. k B K)A . 93 Phone: dZO�Q` 2.11 t - 7 S 0 I I FAX: E -mail: Si 64e-r b - - 46 Date: fl (r 30 ;1006 • RECEIVED CITY OF TUKWILA SPECIAL Request for Special Permission - Cargo Container Approval Date: Aug. 30, 2005 Fm: Doug Steinberg, Property Owner PO Box 2283, Buckley, WA 98321 -2283 Ph: 206 -841 -7501 RECEIVED SEP 012005 D O Location: King County Parcel #0041000142 on Tukwila International Blvd just South of 148th Ave. S Description of proposed screening: Surrounding both containers... 1. 8' Chain Link fence with brown slats. Or 2. Wood frame fence with T-111 wood siding painted. Color to match building. Or 3. Wood frame fence with 1"x4" wood vertical slats with 1" spacing painted. Color to match building. Site Plan: Request for Special Permission - 0 rgo Container Approval Date: Mar. 30, 2005 Fm: Doug Steinberg, Property Owner PO Box 2283, Buckley, WA 98321 -2283 Ph: 206 -841 -7501 Site Plan: O RECEIVED 'MAR 31 2005 COMUNITY DEVELOPMEN Location: King County Parcel #0041000143 on Tukwila International Blvd just South of 148th Ave. S Description of proposed screening: Surrounding both containers... 1. 8' Chain Link fence with brown slats. Or 2. Wood frame fence with T -1 11 wood siding painted. Color to match building. Or 3. Wood frame fence with 1 "x4" wood vertical slats with 1" spacing painted. Color to match building.