HomeMy WebLinkAboutPermit 91-18-SPE - MATTHEWS BRIAN - SETBACK WAIVER91-18-SPE 15123 42ND AVENUE SOUTH
MATTHEWS
SETBACK WAIVER
October 14, 1991
PREP:
cc: Bldg. official
Brian Matthews
CITY OF TUKWILA p
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINCT RANDUM TO 11aLr q (206) 433.1800
FILE: Matthews Residence, Bldg. Permit Appl. #91 -401
RE: CONDITIONS of Planning Division approval
Ann Siegenthaler, Assistant Planner
The proposal submitted by Brian Matthews for the above
project does not meet current front setback requirements.
However, a setback waiver has been granted by the
Director of DCD. This minimum front setback has been set
at 28.9 feet.
2. The Planning Division approves the Matthews proposal on
the condition that a Boundary Line Adjustment, whit
provides for adequate setbacks for the above Lot 3 and
the adjacent Lot 1 (directly west), be completed and
recorded by February 15, 1992.
Cary L. VanDusen, Mayor
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TO: Rick Beeler
DATE: October 4, 1991
M E M O R A N D U M
FROM: Ann Siegenthaler, Assistant Planner
Department of Community Developmen
SUBJECT: BRIAN MATTHEWS.- Request for SETBACK WAIVER
On September 16, 1991, Brian Matthews requested a 26.5' setback along
42nd Ave. S. at 152nd.
When we previously met on this, you decided to grant a waiver to the
front setback. The new setback would be no less than the average
setback of the "adjacent" houses. The remaining question was where
is the true property /ROW line (from which to measure the setback)?
I've verified with Ross Heller the following:
- Monuments in the middle of 42nd signify the ROW (vs.
road) centerline.
- 42nd ROW is 30' on Matthews' side of the street.
I am now satisfied that Matthews has located the true property line.
With a tape measure, he measured out 30' from monuments in the road
center line, and then measured to the eaves of the two adjacent
homes. One home (south of his property) has a 28' setback, one
house (north) has a 30' setback. Therefore, the required setback
would be 29 feet.
As this does not meet the 26.5' setback Matthews needs, he has asked
that we rethink our interpretation of "adjacent" and "yard pattern"
as follows:
Memo R. Beeler
Matthews setback waiver, 10/04/91
Page 2
1.
2.
He believes we should consider setbacks of other
properties near his house. I explained that the code
is specific about : and the term is used in
the normal sense of the word (i.e. "next to ").
Matthews stated that house on south, which is a corner
lot, has its side yard on 42nd. Therefore the setback
used should be 5 feet, the code requirement (vs. 28') .
This would mean the average setback would be 17.5
feet. I explained that, even if King County
designated 42nd as the side yard, Tukwila would likely
consider 42nd the front. In any case, the "yard
pattern" refers to existing conditions, rather than
minimums established by code.
I need to call Matthews to give him a final determination of this
setback issue. I will tell him that the 28' and 30' setbacks of the
adjacent two houses will be used, giving a setback for his house of
29 feet.
This means Matthews will 1) be unable to move his house onto the lot;
or 2) have to cut off part of the house.
Is this in line with your thinking? Please let me know by 10/7/91.
1
cc: Bldg. permit file
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PERTEET ENGINEERING, INC.
(206) 252-7233
September 26, 1991
Mr. Brian Matthews
4056 South 152nd
Tukwila, WA 98188
Dear Mr. Matthews:
RE: Setback Waiver Request
15123 42nd Avenue South, Tukwila (BPA #91 -401)
The Department of Community Development (DCD) has reviewed your request
for a waiver of the Tukwila Zoning Code setback requirements at the
above property. Your request was for a waiver of the 30 -foot front
setback along 42nd Avenue South in order to move an existing house onto
the property, which would result in a 26.5 -foot front setback.
To evaluate your request, staff inspected the types of structures and
existing setbacks in the vicinity of your property. Our conclusions are
described below.
1. Many of the houses near your property were built when the
area was still under King County's jurisdiction, prior to the
effective date of Tukwila's current setback requirements.
These older homes do not meet the minimum front setback.
However, most of the newer homes in your area have setbacks
which meet or exceed the current code. Therefore, the
30 -foot setback required by code is consistent with - -not
every lot- -but with the "prevailing yard pattern" in your
area.
2. Because your site is vacant, DCD considers your project to be
a "new" residence, rather than an addition to a
non - conforming existing residence. A setback waiver for your
new residence would be inconsistent with what DCD has
required for other new residences.
Based on the above, DCD believes a reduced front setback for a new
residence would be inconsistent with current development in your
neighborhood, with what we have required for other new residences, and
with the intent of the Zoning Code.
Mr. B. Matthews
Setback waiver request, 9/27/91
Page 2
Therefore, DCD cannot approve your request for a waiver to the front
setback requirement.
If you have any questions concerning this matter, please let me know
(432- 3670).
Sincerely,
Ann Siegenthaler
Assistant Planner
cc: Bldg. permit appl. file
Jack,
Do you think this unreasonably bureaucratic?
FYI:
My review of the setbacks of 13 houses in his area, along both sides of
42nd, produced these results:
1. For 13 houses in the area (north & south along 42nd Ave. S):
The average setback along 42nd Ave. S.
for these homes is 25.7'
2. For 8 houses adiacent to his property, on
42nd Avenue (three houses to the north,
south):
Avg. setback along 42nd Ave. S.
the west side of
and five to the
= 27.5'
3. For 8 newer houses in area (13 in the area, less one mobile
home and older homes):
Avg. setback along 42nd Ave = 29.5'
Thus, the requested 26.5' setback would not meet what I would consider
the °applicable" average (27.5 or 29.5) anyway.
RAINBOW
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SEP 1 6 1991
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LEGAL DESCRIPTION
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ORIGINAL FILED
Director of TtecaT
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Filed for record at the
request of:
B•e'4w6 eESA 14417111LwS
Name
SHORT PLAT NO 3415
KING COUNTY, WASH I NGTOF
APPROVAL
Department of Planning and Community Development
Building and Land Development Division
Examined and approved this S day of
, 19
3
Manager, Building i Land Develdpment Division
partment of Public Works
ed and approved this Z/ Sje. day of
Department of Assessments
Examined and approved this
Return to: • PA' TIC``- /c G 4) Q es-
Building & Land Development Assessor
450 KC Administration Bldg C Y, . t„--
Se attic Washington 98104
Deputy Assessor
SUBJECT TO slope rights as recorded under Recording No. 6013504.
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The south 207.5 feet of that portion Lot 17 beginning 14.504 feet
east of the southwest corner of Lot 17 and continuing east parallel
with the south boundary for 114.096 feet, Block 4, First Addition to
Adams Homes Tracts, according to the plat thereof recorded in Volume
12 of Plats, page 50, in King County, Washington;
EXCEPT the east 10 feet thereof conveyed to King County for road
purposes by deed recorded in King County, Washington.
TOGETHER WITH THE FOLLOWING;
The east 50 feet of the south 207.5 feet of Lot 18, Block 4, First
Addition to Adams Home Tracts, according to the plat thereof
recorded in Volume 12 of Plats, page 50, in King County, Washington;
TOGETHER WITH the west 14.504 feet of the south 207.5 feet of Lot
17, Block 4, First Addition to Adams Home Tracts, according to the
plat thereof recorded in Volume 12 of Plats, page 50, in King
County, Washington.
tiff
, 19
, day of
, 19e7
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'VENAN':S, CONDITIONS, AND RESTRICTIONS RUNNING WITH THE LAND:
That portion(s) of south 152nd Street
:ich adjoins the subject subdivision is a public right -of -way. It
described in the King County Comprehensive Plan as a "local access
:reet or road" and in accordance with the standards therein, may be
!quired to be improved for future County street, road or thoroughfare.
The owner, his grantees and assigns, hereby agree to participate
1, and /or not oppose or protest, the formation of a County Road
aprovement District (CRID) pursuant to RCW 36.88 or any Road Improve -
nnt project sanctioned by King County, which is designed to impl
Lid street(s) and the immediate street system of which it is a part.
Timing of the formation of said CRID or other road improvement
-oject shall be determined by King County. The street improvement
ithorized by the CRID or other road improvement project shall call
Dr the improvement of said street(s) and its immediate street system
D at least the minimum King County road standards applicable to said
treet(s) and the immediate street system at the time the CRID or
ther road project is formed; provided that, in situations where there
s a multiple ownership of properties participating in the formation .
f the CRID, or other road improvement project, if a majority of the
roperty owners want a higher standard, i.e., curbs, gutters, under -
round drainage, etc., that standard shall prevail.
Mort Plat No:
386 oo I
Pa 4 of
DEDICATION
KNOW ALL PEOPLE BY THESE PRESENTS that we, the undersigned owners of interest in the
land hereby short subdivided, hereby declare this short plat to be the graphic representa-
tion of the short subdivision made hereby, and do hereby dedicate to the use of the public
forever all streets and avenues not shown as private hereon and dedicate the use thereof
for all public purposes not inconsistent with the use thereof for public highway purposes,
and also the right to make all necessary slopes for cuts and fills upon the lots shown
thereon in the original reasonable grading of said streets and avenues, and further dedi-
cate to the use of the public all the easements and tracts shown on this short plat for
all public purposes as indicated thereon, including but not limited to parks, open space,
utilities and drainage unless such easements or tracts are specifically indentified on this
short plat as being dedicated or conveyed to a person or entity other than the public.
Further, the undersigned owners of the land hereby short subdivided waive for themselves,
their heirs and assigns and any person or entity deriving title from the undersigned, any
and all claims for damages against King County, its successors and assigns which may be
occasioned by the establishment, construction, or maintenance of roads and /or drainage
systems within this short subdivision other than claims resulting from inadequate mainte-
nance by King County.
Further, the undersigned owners of the land hereby short subdivided agree for themselves,
their heirs and assigns to indemnify and hold King County, its successors and assigns,
harmless from any damage, including any costs of defense, claimed by persons within or
without this short subdivision to have been caused by alterations of the ground surface,
vegetation, drainage, or surface or sub - surface water flows within this short subdivision
or by establishment, construction or maintenance of the roads within this short subdivi-
sion. Provided, this waiver and indemnification shall not be construed as releasing King
County, its successors or assigns, from liability for damages, including the cost of de-
fense, resulting in whole or in part from the negligence of King County, its successors,
or assigns.
This subdivision, dedication, waiver of claims and agreement to hold harmless is made
with the free consent and in accordance with the desires of said owners.
IN WITNESS WHEREOF we set our hands and seals.
( C z. 5? i 4 2_
Name / Name
• /9b.42 /_ '7
Name .' Name
Name Name
Short Plat # 3262
STATE OF WASHINGTON )
ss.
County of S.' 1 %.1 )
On this day personally appeared before me /744 arET /7/. eSrc /Lf_r e'
/TEN' i . e. Z
to me known to be the individua described in an who executed the within and foregoing in-
strument, and acknowledged that 7-16E Y signed the same as hide free and vol-
untary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 0,3A/day of Si.i ' j.4 kbk.. ;-- , 19 _ _L_.
otary Public in and,f9r the State of Washing-
ton, residing at ,< ( — 4..( L i 2-. 2o 8a)
Page S of 6
ame
Name
Name
4,/
, KNOW ALL PEOPLE BY THESE PRESENTS that we, the undersigned owners of interest in the
land hereby short subdivided, hereby declare this short plat to be the graphic representa-
tion of the short subdivision made hereby, and do hereby dedicate to the use of the.public
forever all streets and avenues not shown as private hereon and dedicate the use thereof
for all public purposes not inconsistent with the use thereof for public highway purposes,
and also the right to make all necessary slopes for cuts and fills upon the lots shown
thereon in the original reasonable grading of said streets and avenues, and further dedicate
to the use of the public all the easements and tracts shown on this short plat for all
public purposes as indicated thereon, including but not limited to parks, open space,
utilities and drainage unless such easements or tracts are specifically indentified on this
short plat as being dedicated or conveyed to a person or entity other than the public.
Further, the undersigned owners of the land hereby short subdivided waive for themselves,
their heirs and assigns and any person or entity deriving title from the undersigned, any
and all claims for damages against King County, its successors and assigns which may be
occasioned by the establishment, construction, or maintenance of roads and /or drainage
systems within this short subdivision other than claims resulting from inadequate mainte-
nance by King County.
Further, the undersigned owners of the land hereby short subdivided agree for themselves;
their heirs and assigns to indemnify and hold King County, its successors and assigns,
harmless from any damage, including any costs of defense, claimed by persons within or
without this short subdivision to have been caused by alterations of the ground surface,
vegetation, drainage, or surface or sub - surface water flows within this short subdivision
or by establishment, construction or maintenance of the roads within this short subdivi-
sion. Provided, this waiver and indemnification shall not be construed as releasing King
County, its successors or assigns, from liability for damages, including the cost of
defense, resulting in whole or in part from the negligence of King County, its successors,
or assigns.
This subdivision, dedication, waiver of claims and agreement to hold harmless is
made with the free consent and in accordance with the desires of said owners.
STATE OF WASHINGTON )
ss.
County of _e ,
On this da
r
DEDICATION
IN WI ESS WHEREOF we set our hands and seals.
Name
Name
Name
((- "<(.... /'
personally appeared before me
7
to me known to bee - te individual des ribed in and who executed the within
and foregoing instrument, and acknowledged that. i'f . r . signed the same as
T„ - J free and voluntary ,act and deed, far] the uses and purposes
therein mentioned.
• GIVEN under
r my hand and official seal this e-a <' ` day of /
19 /( .
otary Public, in and for the State
of Washington, residing at
- .e