HomeMy WebLinkAboutPermit 91-05-V - RAINIER WHITE GMC TRUCKS - SIGN VARIANCEqsv
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June 10, 1991
Sincerely,
Darre llson
Assistant Planner
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
Rainier White GMC
11222 East Marginal Way South
Tukwila, WA 98188
NOTICE OF DECISION
RE: Notice of Decision by the Board of Adjustment
File Number: 91 -05 -V
PHONE M (206) 933.1800 Cary L. VanDuscn, Mayor
This is to confirm that the Board of Adjustment (BOA) project's
design as presented on June 6, 1991.
The BOA also adopted the findings and conclusions contained in the
Staff Report dated May 30, 1991.
The action of the Board of Adjustment in denying the variance shall
be final and conclusive unless, within ten days from the date of
the Board's action, an applicant or an aggrieved party makes an
application to the Superior Court of King County for a writ of
certiorari, a writ of prohibition, or a writ of mandamus.
STAFF REPORT
TO THE BOARD OF ADJUSTMENT
Prepared May 30, 1991
PHONE k (206) 433.1800 Gary L. VanDusen, Mayor
HEARING DATE: June 6, 1991
FILE NUMBER: 91 -05 -V
APPLICANT: Rainier White GMC
REQUEST: A variance from Section 19.32.140 C (2) of the Sign Code to
allow a second free standing sign.
LOCATION: 11222 East Marginal Way
ZONING: M -2L Heavy Industry
ATTACHMENTS: A. Site & Vicinity Map
B. Applicant's submittal
1. Vicinity map
2. Site map
3. Photography
4. Photography
5. Sign elevation
6. Sign elevation
Staff Report to B.O.A. 91 -05 -V: Rainier White GMC Sign Variance
Page 2
VICINITY /SITE INFORMATION
Project Description: The applicant is requesting a variance to add one free standing sign.
Existing Development: There is one large building on the site with two tenants in the
building; Rainier White GMC and Ingersoll -Rand.
Surrounding Land Uses: Two single family residences are located across the street.
Industrial and commercial uses are also located across the street and to the north.
BACKGROUND
The applicant is requesting a variance from the sign code to place a second free - standing
sign on the lot. The City's Sign Code Section 19.32.140 (C) states the following;
Freestanding signs: One freestanding sign shall be permitted for each site. One additional
freestanding sign may be permitted for sites which meet the following conditions:
(1)
(2)
(3)
DECISION CRITERIA
FINDINGS
The site has at least 400 linear feet of frontage on a public street;
The site has at least two detached commercially occupied buildings
neither of which is accessory to the other; and
The site is occupied by at least two tenants.
The applicant's site meets condition #1 with 567 linear feet of frontage on a public street.
The applicant also meets condition #3 with two tenants occupying the site. However, there
is only one commercial building on the site. Since the applicant cannot meet condition #2,
he is requesting a variance to be allowed to have a second free standing sign.
Criteria for Board of Adjustment evaluation are given below, along with the applicant's
response to the criteria, followed by staff's response. The Sign Code states that a variance
may only be approved if the request meets all seven criteria.
A. 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 on use of
property specified by the zoning classification in which this property is located.
Staff Report to B.O.A. 91 -05 -V: Rainier White GMC Sign Variance
Page 3
Applicant's response:
"The site meets two criteria; a minimum of 400 linear feet of street frontage and two
tenants. It does not meet the third criteria, to allow for two free standing signs, which are
two detached buildings. Both businesses have separate driveways 240 feet apart with
separate entrances to their portion of the building, and the building facade visually looks like
two different buildings. One having a high visual profile and the other a low visual profile.
The granting of the variance would, therefore, not be a special privilege. "
Staff's response:
Under section 19.32.140 (C) (2) states, the site shall have at least (2) two detached
commercially occupied buildings neither of which is accessory to the other. The site has one
contiguous structure. In addition, the existing free standing sign can be enlarged to 100 sq. ft.
with a total of 200 sq. ft. for all sides to provide space for Rainier White GMC.
B. That the variance is necessary because of special circumstances relating to the size,
shape, 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.
Applicant's response:
"Each business has separate driveways 240 feet apart. One has a sign by it and the other is
easily missed when driving up to the site. Since large trucks are involved, a sign by the
Rainier White GMC driveway would provide a safety factor and eliminate crossing the whole
property."
Staff's response:
Under the Sign Code, the applicant is permitted Internal Information Signs without needing
the variance. Internal Information Signs are defined as: "19.08.120. Internal Information
sign means a sign which gives directional information or identifies specific use areas and
which is necessary to maintain the orderly internal use of the premises, such as those signs
which identify employee parking, shipping, clearance or which restrict ingress and egress.
Not included in this definition are signs which are not directly related to an identified need
for orderly internal use of the property and off - premise or portable signs."
C. 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.
Staff Report to B.O.A. 91 -05 -V: Rainier White GMC Sign Variance
Page 4
Applicant's response:
"It would provide instant recognition of the business from a sufficient distance down the
street for truckers and visitors to prepare to turn into the site well in advance and thus
reduce the risk of an accident."
Staff's Response:
The maximum size of sign permitted if the variance is approved would be 75 sq. ft. Due to
the site location, zoning designation and surrounding land uses, there should not be any
detrimental impact to the public or injurious to surrounding property.
D. That the special conditions and circumstances prompting the variance request do not
result from the actions of the applicant.
Applicant's response:
"The applicant has done nothing to the site except to clean it up and repaint the building
facade."
Staff's response:
The conditions prompting the variance is to place a second freestanding sign on one parcel,
that has one contiguous building. Based upon site visits by staff, there appears to be no
special conditions or circumstances prompting the variance request.
E. 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.
Applicant's response:
"The purpose of the sign is to identify the site from approximately 500 feet down the road:
The sign copy is 11 inches high. Visibility charts say a 12 inch letter can be read 525 feet.
No alternative would properly do the job."
Staffs response:
The applicant has other options to increase business identification other than requesting a
sign variance. The existing free standing sign can be enlarged to 100 sq. ft. per face. The
existing wall sign could be enlarged due to the distance setback from the street. This would
require Planning Commission review and approval.
Staff Report to B.O.A.
Page 5
91 -05 -V: Rainier White GMC Sign Variance
The applicant meets conditions 1 and 3, however, condition 2 cannot be met since the
building is contiguous. Even though both businesses are independent of each other, they are
under one roof.
F. 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.
Applicant's response:
"With the building set back so far and nothing to mark the driveway, the sign would be a
major convenience in finding the business and locating the driveway to this particular
establishment."
Staff's response:
The applicant could place shared directional signs which would be in keeping with the City's
Sign Code. Section 19.32.020 Shared Directional Signs states the following:
"In commercial and industrial areas where a demonstrated need for directional signing
exists, owners or tenants of these premises may petition the Planning Commission for
review and approval of the design of a shared directional sign. Such sign shall not
exceed ten feet in height, ten feet in width, and have a maximum of two signing surfaces
which do not exceed a total of fifty square feet. Such sign shall be located on the
premises of at least one of the entities identified thereon and shall be used only by
geographically associated businesses. The sign structure shall be located in a masonry
base of decorative appearance. The shared directional sign shall contain no promotional
copy but shall be limited to the names and addresses of the companies or activities
being identified."
G. That the granting of the variance will not constitute a public nuisance or adversely
affect public safety.
Applicant's response:
"It would in fact improve public safety reducing last minute decisions that could lead to an
accident."
Staff's response:
Based upon a site visit, staff could not identify any factors whereby the variance requested
would create a public nuisance or adversely affect public safety.
CONCLUSIONS
B. Variance is necessary because of special site conditions...
to provide it with use rights permitted to other properties:
Staff Report to B.O.A. 91 -05 -V: Rainier White GMC Sign Variance
Page 6
A. Variance shall not constitute a grant of special privilege inconsistent with the intent of
the code:
The applicant has not provided findings to show how the proposed variance will not
constitute a grant for special privilege inconsistent with the intent of the Code.
The applicant has failed to show what the special circumstances relating the size, shape,
topography, location or surroundings of the subject property. In addition, the applicant
failed to show the proposal variance is a privilege permitted to other properties in the
vicinity with the same conditions.
C. Variance will not be detrimental to the public welfare or injurious to property:
Due to the surrounding use, development pattern and zoning, the proposed variance would
not be detrimental to the public welfare or injurious to property.
D. The special conditions...are not the result of applicant's actions.
Given the applicant can have a larger free standing sign; he has failed to show the special
conditions and circumstances prompting the variance request.
E. Variance represents the least amount of deviation from code necessary.
The applicant has not provided sufficient information to justify an additional sign with a size,
height and setback which deviate substantially from code. As noted in the above findings,
the applicant has other options to increase the signage for his business.
F. Variance shall result in greater convenience to the public.
Section 19.32.020 states the applicant can provide shared directional sign with approval by
the Planning Commission. As noted in Criteria E, there are other options to increase the
signage without obtaining the variance requested.
G. Variance will not constitute a public nuisance or adversely affect public safety.
The proposed additional sign would not adversely affect public safety or create a public
nuisance.
Staff . Report to B.O.A.
Page 7
RECOMMENDATIONS
91 -05 -V: Rainier White GMC Sign Variance
Based on the information provided by the applicant, staff has concluded that the applicant's
variance request meet Criteria C and G; but does not meet Criteria A B,D,E, and F. Since
all seven of the variance criteria have not been met, the . Planning Staff recommends denial
of the variance request.
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CITY OF TUKWILA
DEPARTMENT OF COMMUNITY DEV
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CITY OF TUKvvit.A
LOP +NING DEPT.
1. SIGN CODE SECTION (TUKWILA MUNICIPAL CODE TITLE 19) FROM WHICH YOU
ARE REQUESTING A VARIANCE: TMC 19.32.140
2. DESCRIBE THE VARIANCE ACTION WHICH YOU ARE REQUESTING:
Tnstallation of an 8' x 8' pole sign
3. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and sub-
division; or tax lot number, access street, and nearest intersection)
11222 East Marginal Way, Tukwila WA
Quarter: Section: Township: Range:
(This information may be found on your tax statement)
Rainier White GMC Trucks
4. APPLICANT:* N Meyer Sign Co., Inc. - ATTN: Ted Christy
Address. 926 N. 165th, Seattle, WA 98133
624 -4243
OWNER
• -•n - :
Signature. ..i Ad.i � D alPf";fYDate• May 2, 1991
* The applicant is the person w • • m the staff will contact regarding the application, and
to whom all notices and reports shall be sent, unless otherwise stipulated by applicant.
AFFIDAVIT OF OWNERSHIP
5. PROPERTY Name: L A 1-I A 4 6 La- .1 1 .
Address. `" q / � ' u /) 0 A v AJ . .. � 5 f j.7 71
Phone S 2- 2 -U
I /WE,[signature(s)] ly Q
swear that I /we are the owner(s) or contract purchaser(s) of the property involved
in this application and that the foregoing statements and answers . contained in this
application are true and correct to the •
best of my /our knowledge. and belief. : Date: 512- �. 9 /
CO -E VARIANCE
PL CATION
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3680
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MAY 0 2 1991
CITY OF TU KML,
SIGN CODE VARIANCE APPLICATION a F Page 2
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6. W IS THIS VARIANCE EI
BNG REQUESTED? nip h„pi nPRs serves the trucking
anri has trucks going into and out of its yard. There is a concern
for identifying the business from the street as the building is set back
76' and for assisting the truck drivers in finding the driveway by placing
the sign at the driveway entrance improving safety.
7. DOES YOUR REQUEST MEET THE VARIANCE CRITERIA?
The Board of Adjustment will base its decision on the specific criteria shown in bold
below. You are solely responsible for justifying why your property should not have to
satisfy the same development standards which all other properties/ projects must meet.
The Board must decide that your variance request meets all seven criteria. Be specific; a
"yes" or "true" is not a sufficient response. Additional sheets should be attached if
needed.
The Planning Staff has provided some examples to help you respond to each criteria.
Please feel free to use or ignore these as you see fit. The Board will make a decision based
on the bold criteria, not staff examples.
A. 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 on use of property specified by the zoning classification in which this
property is located.
Example: Explain how your requested variance would not give you a special privilege in
your use of the property in relation to the requirements imposed on adjacent and
neighboring properties and on properties with the same zone classification.
RESPONSE: The c j1- mPQj two rri t a : a minimum of 400' frontage and two tenants.
It does not meet the third criteria, to allow for two free standing signs, which .
is two detached buildings. Both businesses have seperate driveways 240' apait,
seperate entrances to their portion of t 1n�ilding, anri the h,ii1r ing far-ar9
visually looks like two different buildings. One having a high visual profile
•
•
L. PLANNING DEPT.
B. That the variance is necessary because of special circumstances relating to the
size, shape, topography, location, 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.
SIGN CODE VARIANCE A'3LICATION
Page 3
_ Example: Does a special property characteristic such as size, shape or topography, com-
bined with the zoning code requirement, prevent you from using your property in
the manner of adjacent properties or other like -zoned properties?
Special circumstances should not be due to: 1) actions by past or present property owners
or leasing property before knowing Code restrictions; or 2) actions which have already •
been compensated for (i.e., the State condemns a portion of land for 1 -5 construction and
compensates the owner for the diminished value of the remaining parcel.
RESPONSE. Era - business has seperate driveways 240' apart. One has a sign by
it aryl the other is easily missed when driving up to the site. Since large
tricks are involved a sign by the Rainier White GMC driveway would provide
a safety factor and eliminate cross driving the whole property.
C. 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.
Example: Would granting your request cause any harm, injury, or interference with uses
of adjacent and neighboring properties? (Consider traffic, views, light, aesthetic
impacts, etc.)
RESPONSE. It would provide instant recognition of the business from a suffi-
cient distance down the street for truckers and visitors to prepare to turn
into the site well in advance and thus reduce the risk of an accident.
[ MAY 0 2 1991 :
CITY . O0 TUKWILA
PLANNING DEPT.
SIGN CODE VARIANCE APPLICATION
Page 4
D. That the special conditions and circumstances prompting the variance request do
not result from the actions of the applicant.
RESPONSE: Applicant has done nothing to the site except to clean it up and
repaint the building facade.
E. That the variance as granted represents the least amount of deviation from pre-
scribed regulations necessary to accomplish the purpose for which the variance is
sought and which is consistent with the stated intent of this code.
Example: Describe other alternatives for signage of your business. Why were these alter-
natives rejected? The purpose of the Code is to establish standards for signs so that
the streets of Tukwila appear orderly and safety is increased by minimizing clutter
and distraction.
RESPONSE: The-purpose of the sign is to identify the site from approximately
500' down the road. The sign copy is 11" high. Visibility charts
say a 12" letter c t_ be read 525'. No alternative would properly
do the job.
NUMB
[ MAY 0 2 1991
CITY OF TUkvvtLA
PLANNING DEPT. .
SIGN CODE VARIANCE trIPLICATION
F. 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.
RESPONSE: With the building set back so far and nothing to mark the
driveway, the sign would be a major convenience in finding the business
an0 1rc•ating the driveway to this - particular establishment.
G. That the granting of the variance will not constitute a public nuisance or ad-
versely affect the public safety.
AHEWH
[MAY 0 21991
Page 5
Example: Would granting the variance result in a sign which interferes with traffic and
street improvements, signage and traffic flows?
RESPONSE: It would in fact improve public safety reducing last minute
decisions that could lead to an accident.
CITY OF TUKWILA
PLANNING DEPT.