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HomeMy WebLinkAboutReg 2005-03-21 Item 5 - Resolution - Affirm Board of Architectural Review Decision on 17401 Southcenter Parkway COUNCIL AGENDA SY1voPsIs Initials ITEM NO. .110 f t P14, Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 1 s 0 3/21/05 I SC K I f.,�� 1 Ilr (s) f j O I 7908 1 b, ITEM INFORMATION CAS NUMBER: 05-035 Ref ORIGINAL AGENDA DATE: 3/07/05 AGENDA ITEM TITLE Resolution Affirming the Board of Architectural Review Decision. CATEGORY Discussion Motion Resolution Ordinance Bad Award Public Hearing Other Mt Date Mtg Date Mtg Date 3/21/05 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The Proposed Resolution affirms the Board of Architectural Review's decision regarding SUMMARY L04 -036. This decision was reached by the Council following a closed record appeal held on March 7, 2005. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte (l Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Resolution Affirming the BAR's decision COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0 -0- -0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/7/05 1 Council affirmed the decision of the BAR MTG. DATE ATTACHMENTS 3/21/05 1 Proposed Resolution ?I<.' .v~~.~~~!...~"l ". f~A.;,.. . ~..;?"'~' '. .O'~ ~ .::;0/ ~~__ \"Z-.~ %~~~~, ,~ ~'- ~:'i:iiY ~~ City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AFFIRMING THE DECISION OF THE BOARD OF ARCHITECTURAL REVIEW GRANTING DESIGN APPROVAL FOR A PROJECT LOCATED AT 17401 SOUTHCENTER P ARKW A Y. .' WHEREAS, Brad Decker (Applicant) owns property located at 17401 Southcenter Parkway; and WHEREAS, the Applicant requested approval of a design to build a strip retail building. This request included a single story retail building with accessory parking, landscaping, loading, and trash/recycling; and WHEREAS, the City of Tukwila Board of Architectural Review (BAR) conducted an open record hearing on Applicant's proposal on September 16, 2004, October 14, 2004 and November 18,2004; and WHEREAS, on November 18, 2004, the BAR granted design approval for the project. Pursuant to Tukwila Municipal Code Section 18.112.050(B), the BAR adopted by voice vote the findings and conclusions contained in the iterative staff reports related to this project; and WHEREAS, on December 10, 2004, CLPF-Tukwila L.P. and Jo-Ann Stores (Appellants) filed an appeal of the BAR's decision with the Tukwila City Council; and WHEREAS, on March 7, 2005, the City Council conducted a closed record hearing on Appellant's appeal of the design approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS~. Section 1. Decision. The BAR's November 18, 2004 decision granting design approval is hereby affirmed. The BAR's Findings, Conclusions and Decisions are adopted and incorporated by this reference. The City Council of the City of Tukwila holds that the BAR complied with the Tukwila Municipal Code when it adopted the findings and conclusions in the staff report by voice vote. The City Council of the City of Tukwila further finds that the facts presented in this matter were supported by substantial evidence in the record. ,'; .-.# The City Council further holds that the facts supported a finding that the Applicant met his burden of proof by showing a "clear demonstration of compliance with all guidelines of the Chapter." The City Council finds that the Appellants failed to meet their burden of proof on appeal, and thus the appeal is denied and the BAR's decision is affirmed. ;" Design approval Decker 3/18/05 Page 1 of 2 .~:. ~~;- -:. " Section 2. Right to Appeal. Any person with standing to do so may appeal the decision of the City Council by filing a Land Use Petition in King County Superior Court in accordance with RCW 36.70C. ''- PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . 2005. ,', ATTEST/ AUTHENTICATED: Pamela Linder, Council President Jane E. Cantu, CMC, City Oerk APPROVED AS TO FORM BY: Office of the <Tity Attorney Filed with the City Oerk: Passed by the City Council: Resolution Number: " -- . : " Design approval Decker 3/18/05 Page 2 of 2