HomeMy WebLinkAboutPermit 90-04-V - HEIMBIGNER - SETBACK VARIANCE90-04-V 10805 EAST MARGINAL WAY SOUTH
HEIMBIGNER VARIANCE
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433-1800
Gary L. VanDusen, Mayor
FILE NUMBER: 90 -4 -V
NOTICE OF DECISION
APPLICANT: Cameron Heimbigner (Barghausen Consulting
Engineers, Inc.
REQUEST:
A SETBACK Variance from 7 to 20 feet (Average 13.5 feet)
from the 25 -foot front yard building setback -
requirement.
LOCATION: 10805 East Marginal Way South, intersection of
Pacific Highway South and E. Marginal Way South
(S.E. corner).
The Board of Adjustment (BOA) conducted a review of the above
request on July 12, 1990, and Denied the Variance.
The BOA adopted the Findings and Conclusions contained in the
Staff Report dated July, 5, 1990.
The action of the Board of Adjustment in granting or denying a
variance, or in the resolution of an appeal from an
administrative interpretation, shall be final and conclusive
unless, within ten days from the date of the Board's action, and
applicant or an aggrieved party makes an application the Superior
Court of King County for a writ of certiorari, a writ of
prohibition, or a writ of mandamus.
NAME: Jack Pace
TITLE: Senior Planner
DATE: July 13, 1990
ACREAGE: 0.61 acres (26,566 square feet)
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
433 -1800
Gary L VanDusen, Mayor
�y.
STAFF REPORT
TO THE BOARD OF ADJUSTMENT
Prepared July 5,1990
HEARING DATE: July 12,1990
FILE : NUMBER: 90 -4-V
APPLICANT: Cameron Heimbigner (Barghausen Consulting Engineers, Inc.)
REQUEST: A variance of from 7 to 20 feet (average 13.5 feet) from the 25-
foot front yard building setback requirement.
LOCATION: 10805 East Marginal Way South, intersection of Pacific Highway
South and E. Marginal Way South (southeast corner)
COMPREHENSIVE
PLAN. DESIGNATION: Heavy Industry
ZONING DISTRICT: M -2 -L (Heavy Industry)
ATTACHMENTS: A. Site Plan
B. Preliminary Landscape Plan
C Supplement to Variance Justification
STAFF REPORT TO THEC
BOARD OF ADJUSTMENT
FINDINGS
1
VICINITY /SITE INFORMATION
1. Project Description: To construct a service station (Exxon) consisting of four pump
islands with canopy and a convenience store of approximately 2,700 square feet and
install signage and landscaping.
2. Existing Development: The site is currently vacant and contains a chain -link fence
around its perimeter.
3. Surrounding Land Uses:
4. Terrain: The site is flat.
BACKGROUND
North - Associated Grocers.
West - Skagen Marine.
South - Nicewonger.
East — Big B Towing; offices /warehouse.
This site was annexed into the City on . The City of Tukwila plans to widen
East Marginal Way in the vicinity of the subject property without requiring additional
right -of -way. The required front yard zoning setback for structures along East Marginal
Way is 25 feet from the property line.
DECISION CRITERIA
90 -4 -V
Page 2
For this application, the Board must find that the proposed setback variance for the
convenience store would not be contrary to the public interest and owing to the special
conditions of the site and neighboring properties, a literal enforcement of the provisions of
the front yard setback would result in an unnecessary hardship.
The applicable Tukwila Municipal Code (TMC) criteria are listed following pertinent
findings of fact. All of the criteria must be found in favor of the variance for it to be
granted.
A. TMC 18.72.020(1) The variance shall not constitute a grant of special privilege inconsistent with the
limitation upon other uses or other properties in the vicinity and in the zone in which the property on
behalf of which the application was filed is located.
Applicant Response.
"The subject property which was recently annexed to the City of Tukwila, lies within
an industrial area which has developed with a variety of mixed uses while under the
STAFF REPORT TO THE
BOARD OF ADJUSTMENT
jurisdiction of King County. Ne
vicinity of this site have been de
requirement for setback, nor hav
landscaping requirements gener
A review of this area indicates th
the need for parking areas betw
front yard setback areas are fence
of various types of machinery, - •
"The requested variance to allo
placed within 5 feet of the prope
grant of special privilege inconsi
property in the vicinity and in
been developed and used by bus
setback from property lines. Thi
developments which have place •
"Although the minimum setbac
less than that required by the Ci
the setback of the proposed buil •
than required. Therefore, the av
from East Marginal Way. The a
considerable more than found fo
within the immediate vicinity of
required of nearly all sites in thi
Staff Response.
This property is the first to rede elop in this industrial area under Tukwila
regulations since the annexation • ccurred. King County's setback requirements were
8 feet compared to 25 feet in T wila. Several structures in the area do not conform
to Tukwila setback requirement However, continuing non - conforming setbacks
will significantly lengthen or ob truct the gradual transition of the area to Tukwila
development standards.
B. TMC 18.72.020(2) - The variance is nece : sary because of special circumstances relating to the size, shape,
topography, location or surrounding of e 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.
Applicant Response.
"The subject property presents s
shape of the parcel. The subject
feet. Strict adherence to the set •
Tukwila would render a large p
building or even use as parking
of a setback variance, as propo
north approximately 70 feet of t
other site appurtenances such as
90 -4 -V
Page 3
rly all of the land uses within the immediate
eloped without a specific governmental
these developments been subject to setback or
l ly associated with newer developments of this type.
� t building setbacks have been generally dictated by
n the building and the street. In fact, many of these
and utilized for outdoor storage and /or the display
u ipment, and other types of large and bulky goods.
the proposed convenience store building to be
ty line of East Marginal Way will not constitute a
tent with the limitations upon other uses of
e zone. The entire vicinity surrounding this site has
nesses and buildings which were not required any
is with the exception of a small number of
landscaping as required by King County code.
of the proposed convenience store will be 20 feet
of Tukwila code at the north end of the building,
' ng at the south end will be 18 feet, only 7 feet less
rage setback for the proposed building is 11.5 feet
erage distance proposed from the adjacent streets is
many other structures and storage areas located
this site and greatly exceeds the distance which was
area under King County Jurisdiction."
vere development constraints due to the size and
arcel is a triangle with a base of approximately 189
ck criteria within the M -2 -L Zone of the City of
t of the this site unusable for the construction of a
and /or maneuvering areas. Even with the approval
• in this application, the lot configuration renders the
e site unusable for the placement of a building or
parking.
STAFF REPORT TO THE 90 -4 -V
BOARD OF ADJUSTMENT Page 4
"The subject property is also abutted on three sides by existing roadways. This unique
characteristic of this site further limits the developable area of this property, as special
considerations must be made to access and safety on adjacent roadways. These factors,
which are crucial to the success of the development and are of utmost importance to
the City in their design and review of street improvements and traffic safety, have
also dictated the design of the facility as well as the need for the variance request and
approval."
Staff Response.
As noted in the Supplement to Variance Justification (item 3), the applicant has
evaluated a number of design options to conform with the setback requirements and
other site considerations. He has cooperated with the City's Public Works
Department to pull back the driveways away from the intersection for operational and
safety reasons. This has dictated the location of the pumps and because of the
triangular nature of the site also dictated the general location of the convenience
store.
Further, as noted, in the Supplement to Variance Justification (item 1), the
convenience store is of marginal size for this type of facility. This fact together with
the configuration of the site, would suggest it not possible to construct a service
station and convenience store combination on this site unless a variance was granted.
One or the other of the uses could be developed on the site without a variance.
C. TMC 18.72.020(3) - 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 property
is located.
Applicant Response.
"The granting of the setback variance will not be materially detrimental to the public
welfare or be injurious to the property or improvements in the vicinity. In fact, the
granting of the variance will allow the placement of a facility on this site which will
substantially benefit the public welfare and greatly improve the aesthetic impact of
this older industrial area. Due to the triangular configuration of the subject property,
the northern portion of the site is essentially unusable for the placement of active
elements of the development proposal, such as building, parking, or vehicular
maneuvering areas. Implementation of the landscape plan, as proposed, will provide
this site with more than twice the landscaping required or normally placed on a
facility of this nature.
"The specific design of this facility will also help relieve any real or potential traffic
conflicts with adjacent roadways. The design of the facility will allow placement of
the three proposed driveways. This will allow location of the driveways with all
turning movements to be located as far as possible away from the intersection of East
Marginal Way and Pacific Highway South. It is generally accepted that such a
placement of driveways is preferable to eliminate conflicts with traffic movements
near or in the intersection. This driveway configuration will also permit a large
STAFF REPORT TO THE ` 90 -4 -V
BOARD OF ADJUSTMENT Page 5
stacking area adjacent to the gasoline pump island canopy, thereby reducing, as much
as possible, any potential conflicts with vehicles entering and exiting the site and on-
site maneuvering of vehicles to the convenience store and gasoline pump islands!'
Staff Response.
The City Staff agree with the applicant's response.
D. TMC 18.72.020(4) - The authorization of such variance will not adversely affect the implementation of
the Comprehensive Land Use Policy Plan.
Applicant Response.
"A review of the City of Tukwila Comprehensive Land Use Policy Plan reveals a
number of objectives and policies which address land use issues related to
commercial and industrial zones and development within the City. Chapter 4 of this
document, titled Commerce /Industry, specifically addresses issues of compatibility,
design, and growth of these uses in the City. Although none of the objectives or
policies stated in this plan relate directly to a variance request, as specified in this
application, each of them support the overall goals of the City as they relate to
commercial and industrial growth and expansion. The following is an analysis of a
number of the applicable policies of the City of Tukwila Comprehensive Land Use
Policy Plan which may be applied in a review of this variance request."
Objective 1 - Compatibility:
Policy 1: Encourage the grouping of uses which will mutually and economically
benefit each other or provide necessary services.
Applicant's Response:
'Placement of the proposed mini- market and retail gasoline sales facility at this
location will provide a necessary service within this mixed -use area. The subject
site, which is currently vacant, will not only be complementary to other uses in
the area, but will serve the needs of the employees of those uses and will also
provide necessary grocery and vehicle fueling opportunities to the large number
of commuters which utilize adjacent roadways."
Design:
Policy 3: Encourage aesthetic and site design in working and trading areas.
Applicant's Response:
"The mixed use area in which the site is located has been developed under a
variety of land use criteria while under King County jurisdiction. Some of the
newer facilities within this area have developed in a fashion, which is
compatible with the image that the city wishes to create with regard to aesthetic
values and site design. Many of the older facilities in this area do not display the
same attention to these aesthetic and site design details.
STAFF REPORT TO THE
BOARD OF ADJUSTMENT
90 -4 -V
Page 6
"The proposed retail gasoline sales and convenience store development on this
site will meet or exceed all development criteria on the City of Tukwila with the
exception of the setback from the street frontage of East Marginal Way. Approval
of this variance will, however, allow for the development of this site with an
aesthetically appealing building and a site design which is superior to most, if not
all, existing facilities in the area and will improve the quality of the area with a
superior site design and amenities such as additional landscaping."
Policy 4: Encourage the use of live landscaping in all developments.
Applicant's Response:
'Proposed landscaping at this site will utilize NO artificial materials. The
landscaping of the site will be professionally designed to enhance the aesthetic
appeal of the building and site design."
Policy 5: Promote renovation of areas which are not aesthetically pleasing.
Applicant's Response:
"The subject site is currently vacant and is located at a major intersection.
Although this site is vacant it does not present an aesthetically pleasing or
visually appropriate gateway to this intersection. Improvements to this site,
including perimeter landscaping and the location and screening of trash areas,
will promote and greatly improve the visual impact of this site."
Policy 7: Promote adequate provisions for parking for all land uses.
Applicant's Response:
"The site design of this facility provides parking, not only in conformance with
the code requirements of the City, but also adequate to provide for the parking
demand associated with this use."
Objective 3: Encourage the continued vitality of the commercial retailing activity in
the city.
Compatibility:
Policy 1: Encourage uses, which are supportive to retail areas, to stategically locate in
or near those areas.
Applicant's Response:
"The proposed site of this application is located a the intersection of two major
roadways. These roadways are utilized by employees and customers and will be
supportive of those."
Policy 2: Commercial Uses should be located functionally convenient to major traffic
ways.
Applicant's Response:
"It is recognized in the Tukwila Comprehensive Land Use Policy Plan that the
major criteria of this central location is the abutting transportation system.
STAFF REPORT TO THE 90 -4 -V
BOARD OF ADJUSTMENT Page 7
Although this facility is not a regional type use, the heavy traffic flow along
adjacent streets allows for convenience to this facility as well as easy access by
employees and customers within this area."
Growth:
Policy 4; Recognize the benefits of retail activities and promote them.
Applicant's Response:
"The proponent of this project has reviewed many alternative site designs,
which might reduce the need for the variance request. Other impacts on the
area, including access to the site and impacts on adjacent roadways, COULD NOT
be adequately addressed without the variance request. The City of Tukwila
recognizes the benefits of retail activities as a positive fiscal impact to the city.
Ultimately it is the success of those retail activities which provides that positive
influence. Site designs, which are not conducive to the success of a retail activity,
are reflected in both the fiscal feasibility of a project as well as the fiscal impact on
the city. The proposed variance request is necessary to establish a fiscally sound
project which will ultimately benefit the customer served as well as the city in a
positive fashion."
Objective 6: Promote land development alternatives that will increase the effective
use of land policy.
Policy 2: Provide flexibility and development by offering a planned unit . development
approach.
Applicant's Response:
"Although the request for a variance from setback standards of the city is not
specifically a planned unit development, it does recognize the need for flexibility
in development as encouraged by this policy. Not all parcels of land within the
city are square or rectangular, and a variety of site design options should be
available to allow for the most appropriate use of the site. Approval of the
requested variance from normal setback requirements for this zone recognizes
these facts and the benefits to the city of flexibility in the application of design
criteria. Approval of this variance also recognizes that the application of flexible
design standards on unique parcels of property can and do encourage better site
design, provide more benefits to the public and the community, and allow for a
more financially feasible project which benefits both the project's proponent and
ultimately the city."
Staff Response.
Granting the variance would not adversely affect the City's Comprehensive Land Use
Policy Plan.
E. TMC 18.72.020(5) - The granting of such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by the owners of other properties in the same zone
or vicinity.
STAFF REPORT TO THE
BOARD OF ADJUSTMENT
90 -4 -V
Page 8
Applicant Response.
"The subject property is zoned M -2 -L. This zoning classification permits the
development of a gasoline station and mini - market as a permitted use. The subject
site is adjacent to two major roadways which provide easy and safe access to the site.
The site is also located in an industrial area. This use will provide needed services in
this area for those traveling in the area both to and from places of work and during
the lunch hour by providing convenient food service to those working in the area.
"It is inappropriate and inaccurate to state that no use permitted in this zoning district
could be placed upon this property without a variance. THE PROPOSED USE,
HOWEVER, IS THE MOST APPROPRIATE USE FOR THIS SITE BASED UPON THE
REASONS STATED ABOVE. It is also highly likely that any other use of this property
would also require one or more variances to be approved to adequately develop the
property.
"The proponent of this project has viewed numerous alternatives to the site design
proposed for this use. In fact, Barghausen Consulting Engineers, Inc., the applicant in
this action, has presented development proposals on this site for at least one other
service station related client. Previous land use proposals on this site, when under
King County jurisdiction, were generally rejected due to uncertainties in traffic
improvements proposed on or adjacent to the site. Although these issues are to date
not totally resolved, a much firmer direction has been set by the City of Tukwila
which has resulted in a more stable and improved environment for the development
of this site. In the specific case of this development, several alternative plans were
developed with regard to location of the proposed convenience store building and
gasoline pump island canopy.
"As indicated by the responses to the five specific variance criteria, it has been shown
that approval of the variance request WILL NOT CONSTITUTE A GRANT OF
SPECIAL PRIVILEGE: IS SPECIFICALLY RELATED TO SIZE AND SHAPE OF
SUBJECT PROPERTY: WILL NOT BE MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE: IS SUPPORTED BY THE OBJECTIVES AND POLICIES OF THE
CITY OF TUKWILA COMPREHENSIVE LAND USE POLICY PLAN: AND IS
NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL
PROPERTY RIGHT BY THE APPLICANT. Not only does the variance request meet
each of the variance criteria for approval, but an affirmative action by the city on this
request will permit the ultimate development of this site with a use appropriate for
the location and will serve the needs of the employees in the area, and will also serve
the large number of commuters that pass by this site on a daily basis. Approval of this
variance request will, lastly, eliminate a vacant parcel of property and allow it to
develop in a useful and production fashion consistent with the zoning of the site.
This will ultimately improve the aesthetics of the adjacent intersection and general
area, providing a fiscally sound project which will benefit not only the property
developer, but the city in the form of increased tax revenues."
STAFF REPORT TO
BOARD OF ADJUSTMENT
Staff Response.
Development of the property for a service station or convenience store or both is
possible under existing zoning regulations. The applicant's rights to develop
something on the property are not limited to those uses or other uses.
90 -4 -V
Page 9
A. A service station and convenience store are permitted individually or in combination
on the property. Either use preserves the applicant's right to develop the property.
B. The record available to date does not clearly substantiate that the variance meets all of
the variance criteria. Therefore, staff must conclude, at this time, that the variance
should be denied.
RECOMMENDATIONS
Based upon the above findings and conclusions, the Planning staff preliminarily
recommends approval of the variance application. After hearing testimony in the public
hearing, staff will offer a final recommendation.
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FVFZITTArr"
"Land Planning, Survey, and Design Specialists"
Mr. Jack P. Pace, Senior Planner
Planning Department
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Dear Mr. Pace:
WW /sm
C562.10
enc: As Noted
cc: Mr. Corky Heimbigner (w /enc)
Mr. C. Michael Aippersbach (w /enc)
June 29, 1990
COURIER DELIVERY
Respectfully,
BARGHAUSEN CONSULTING ENGINEERS, INC.
Re: Supplemental Variance Justification for the Heimbigner Variance Application
Our Job No. 3656
In response to the request of Mr. C. Michael Aippersbach, I am submitting the enclosed
document titled "Supplement to Variance Justification, Cameron Heimbigner Building Variance for Gas
Station and Convenience Store, 10803 East Marginal Way South, Tukwila, Washington." This document
addresses four specific areas of the variance justification. These four issues or items requiring additional
information were identified during my meeting with Mr. Aippersbach on June 25, 1990.
A copy of the enclosed Supplement to Variance Justification has been faxed to
Mr. Aippersbach. I would greatly appreciate your review of this information and inclusion of this
document, along with the original Justification for the Variance into the staff report and other
information given to the Board of Adjustment prior to their hearing on this application.
If you require any additional information or clarification of the points detailed in this document,
please do not hesitate to contact me at this office.
Will Wolfert
Director of Platt Services
Walni0
JUN 291990
CITY OF TUKWILA
PLANNING DEPT.
Home Office: 18215 72nd Avenue South • Kent, Washington 98032 • (206) 251 -6222 • Fax (206) 251 -8782
California Office: 4612 Roseville Road, Suite #103 • North Highlands, California 95660 • (916) 348 -3057 • Fax (916) 348 -0953
SUPPLEMENT TO VARIANCE JUSTIFICATION
CAMERON HEIMBIGNER BUILDING VARIANCE
FOR
GAS STATION AND CONVENIENCE STORE
10803 EAST MARGINAL WAY SOUTH, TUKWILA, WASHINGTON
OUR JOB NO. 3556
(! [0
JUN 291990
( CITY OF TUKWILA
1 PLANNING DEPT.
The following information is presented to the City of Tukwila in response to questions and comments
raised by the staff at a meeting held on June 25, 1990. At that meeting, the staff requested additional
information regarding four specific issues related to the request for a variance from normal building
setback standards. The four specific issues or items requiring additional information included:
1) justification for the size of the proposed building; 2) impact of the request on zoning of the site;
3) site plan alternatives; and 4) impacts upon the site by adjacent right -of -way width and configuration.
The following is the applicant's response to these items of information and issues:
1. Justification for the size of the proposed building.
Applicant's Response:
The applicant in this variance request is proposing to construct a retail sales building of
approximately 2,600 to 2,700 square feet. The exact size and dimensions of the proposed
structure have not been completely finalized at this time. The preliminary site plan depicts
the general configuration and size of the building proposed for this project. The general
interior layout of the building is anticipated to include the following areas of use:
a. General sales area
b. Food service area with small kitchen and clean -up facilities
c. Food and beverage coolers
d. counter and check -out area
The proposed building size of approximately 2,600 to 2,700 square feet is the generally
accepted industry standard for a use of this nature and is necessary to create an
economically viable facility.
The City staff has asked if the building configuration or size could be reduced or modified
to allow the operation to function without the need for the requested variance. The
answer to this question is No. The reason for this response is twofold.
1) The proposed building at the proposed size does not incorporate any area for on -site
merchandise storage. All areas of the building are dedicated to active use. Any
reduction in the building size will result in the elimination of one or more of the
functions of the building and use.
3556.06 -1-
2) Since the building does not have any on -site storage and all sales merchandise is
readily available to customers, the operator must purchase from suppliers on a
relatively small scale. This small -scale purchasing increases the number of deliveries
to the site as well as increases the costs associated with the purchase of merchandise
and supplies. Reduction of the building size and, subsequently, the loss of building
function or uses within the building or a reduction of the merchandising area, will
severely impact the economic feasibility of the use.
Enclosed as Exhibit No. 1 is a copy of a letter detailing one element of the lease
agreement for this property. This letter documents that there was a general recognition of
the needed store size prior to the identification of a variance being necessary to
accommodate this facility on this property.
2. Impact of the request on zoning of the site.
Applicant's Response:
The subject property is zoned M -2 -L (Heavy Industry). This zoning classification of the
City of Tukwila allows the proposed use as a permitted use at this site. Due to the unique
property configuration, and with the recognition of the need for the store size and
associated gasoline pump island canopy, it is absolutely necessary that the variance be
approved to allow this permitted use to function at this location. A denial of the variance
requested would eliminate this type of land use from this site and effectively modify the
zoning of the subject site.
3. Site plan alternative.
Applicant's Response:
Both representatives of Barghausen Consulting Engineers, Inc., and the Exxon Corporation
have together and independently developed a variety and number of site plans for this
project site. At no time, were either the Exxon site designers or the planners at
Barghausen Consulting Engineers, Inc., able to develop a site development plan for this
location which did not necessitate the approval of a variance from one or more of the City
development standards for this zoning classification. Given the existing development
constraints on this site, primarily due to the lot configuration and the locational criteria for
driveways to adjacent streets, we believe that this variance proposal before the City
presents the least impact on the development objectives of the City's codes and ordinances.
This proposal also allows for a viable economic development which is a permitted use in
the zone.
NOTE: Barghausen Consulting Engineers, Inc., has much expertise in the development
and design of market /service station facilities. Current and past clients include Chevron
U.S.A., Shell Oil, Circle K, and ARCO. Over 500 such facilities have been designed by
Barghausen Consulting Engineers, Inc., over the past seven years.
3556.06 -2-
4. Impacts upon the site by adjacent right -of -way size and configuration.
Applicant's Response:
During the recent meeting with City staff, it was noted that the right -of -way width of East
Marginal Way South, adjacent to this site, is significantly wider than adjacent to other
properties in the immediate vicinity. Although it is unclear, due to discrepancies and
differences indicated on various maps, it appears that the 60 -foot half - street right-of- -way of
East Marginal Way South, abutting the subject site, is 18 to over 30 feet wider than any .
other portion of East Marginal Way South in the area. Such a major difference in right-
of -way width adjacent to this site clearly places an additional burden upon this develop-
ment proposal. This additional burden is not applicable to other properties in the
immediate vicinity and zone. In fact, it appears that other properties immediately south of
this site could, without variance, build closer to the existing roadway of East Marginal Way
South than is proposed by this project. Since one of the stated purposes of a variance is
to ensure that properties with the same zoning and development standards are treated
equally and fairly, it is clear that the impact of this major right -of -way width difference
along East Marginal Way South presents a specific hardship to this site which warrants
approval of the requested setback variance.
kOS1ST H. &rsDowr
TOAOTST 1111A0SVRY
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OP 101111
CERTIIXL MAIL
EXHIBIT 1
December 21, 1989
Jessie M. Zielsdorf
6201 -113th Place S.E.
Renton, WA 98056
Re: Feasibility and Permit Periods
ICC & H Lease
ARMSTRONG, 4 LSDORF, BE.4DBURY & 1E, P.C.
A.TTO1N1n AT Lew'
1000 HOOF •v LDZOO
God $IIOOND AVWU1
SLAMS, W axx oroN 981.04
Dear. Ms. Zielsdorf:
Pursuant to paragraph 3.2 of the lease you signed with KC
& H, Mr. Heimbigner has determined that the lease will be
feasible if he can construct a store facility of at least 2,600
square feet. He is presently seeking to get the permits
necessary for this building, and if required the variances
necessary in order to enable the permits to be issued.
Please contact Mr.Hsimbigner. directly if you have any
questions about the progress on his permits.
Sincerely,
ARMSTRONG, ALSOORF,
BURY & MAIER, P.C.
RHA:ns
cc: Robert Mackin (by fax)
C. Meimbigner
Robert H. Alsdo f
TWROMS
40O 011._00
PAs oorast
WOO 0111.4&110
BARGHAUSEN CONSULTING ENGINEERS, INC.
"Land Planning, Survey, and Design Specialists"
Mr. Jack Pace, Senior Planner
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Heimbigner Convenience Store Site Plan Revisions
City of Tukwila Variance File No. 90 -4 -V
Our Job No. 3556
Dear Mr. Pace:
June 25, 1990
Pursuant to your meeting of June 25, 1990, with Mr. Will Wolfert of this office, enclosed are
eight sets of the revised Site and Landscape Plans for the above noted variance application. The plans
have been revised to reflect adjacent parcel property lines which have a direct bearing on the proposed
building setback variance application. No othcr modifications with the exception of the above noted
property line additions have been made on the plans.
Please incorporate these revised plans into the proposed variance. application file. If you have
any questions regarding this matter, please do not hesitate to contact Mr. Will Wolfert or me of this
office.
Sincerely,
BM /cw
C560.25
enc: As noted
cc: Mr. C. Michael Aippersbach (w /enc.)
Mr. Cameron Heimbigner
Mr. Will Wolfert, Barghausen Consulting Engineers, Inc.
Cc
13 uce McCrory
Landscape Architect/Planner
JUN 27 1990
CITY Vi✓ r Li a %r��a
PLANNING DEPT.
1
Home Office: 18215 72nd Avenue South • Kent, Washington 98032 • (206) 251 -6222 • Fax (206) 251 -8782
California Office: 4612 Roseville Road, Suite #103 • North Highlands, California 95660 • (916) 348 -3057 • Fax (916) 348 -0953
9
BARGHAUSEN CONSULTING ENGINEERS, INC.
"Land Planning, Survey, and Design Specialists"
Mr. Darren Wilson
City of Tukwila
Planning Department
6200 Southcenter Boulevard
Tukwila, WA 98188
May 3, 1990
cni �_t Vi r1
(MAY 3.
1990
CITY o - - i '- KijV iLP
PLANNING DEPT.
Re: Zoning Code Variance Application for the Proposed Service Station and Convenience Market to
be Located at the Intersection of Pacific Highway and East Margin Way, Tukwila, Washington
Our Job No. 3556
Dear Darren:
Enclosed for your review and processing is the application submittal associated with the Zoning
Code Variance for the above - referenced site. The following documents are enclosed for your review.
The request includes approval of a building setback variance to permit the convenience store within 5
feet from East Marginal Way South.
The following are submitted to satisfy the application requirements:
1. Zoning Code Variance Application Checklist.
2. Zoning Code Variance Application.
3. Attached "A" Variance Justification.
4. Two copies Site Plan and signage elevations with reduced copy.
5. Two copies Preliminary Landscape Plan with reduced copy.
6. Mailing labels related to 300 -foot ownership and occupant notification.
7. Stewart Title courtesy copy of the Decd of Trust for the property. Please note this is
not a preliminary title report.
8. Stewart Title courtesy tax role from which ownership and occupant address labels were
derived.
9. An assessor's map delineating the property ownership within 300 feet of the subject
parcel.
Home Office: 18215 72nd Avenue South • Kent, Washington 98032 • (206) 251 -6222
Sacramento Office: 3750 Auburn Blvd., Suite A • Sacramento, California 95821 • (916) 484 -1212
Mr.. Darren Wilson
City of Tukwila
Planning Department
Sincerely,
Bruce McCrory
Landscape Architect/Planner
BM /sm
C546.37
enc: As Noted
cc: Mr; Corky Heimbigner (w /enc)
Mr. Will Wolfert, Barghausen Consulting Engineers, Inc.
May 3, 1990
We understand that the Board of Adjustment hearing should be scheduled the first Thursday of
June, however, confirmation of the hearing date will be transmitted from the City.
If you have any questions, comments, or need additional information regarding the above
information, please do not hesitate to contact this office.
CITY OF TUKWILA
ZONING CGVE VARIANCE
APPLICATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
Rece
erence Files; ;. t Numbe
FOR STAFF USEONL
1. BRIEFLY DESCRIBE YOUR REQUEST: Reduction of front yard set back on E.
Marginal Way from 25 ft. to an average of /X5 and a minimum of r ft.
2. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and sub-
division; or tax lot number, access street, and nearest intersection)
10803 E. Marginal Way, Tukwila, Wa
Quarter: NW 1/4 Section: 3 Township: 23 Range: 4
(This information may be found on your tax statement)
OWNER
Phone:
Will Wolfert (Barghausen Consulting Engineers)
18215 72nd Ave So., Kent, Wa 98032
3. APPLICANT:* Name:
Address.
Pho
•
Signature: i� .,,2 ��� s' Date: —1 S — �G
* The applicant is the person who 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
4. PROPERTY Name: J.M. Zielsdorf & S. Usher
Address: 11025 S.E. 60th
(206) ; 8 -8608
Date:
Renton, WA
zc 1,0
9RD1
I /WE,[signature(s)
swear that I /we are the owner(s) or contract purchase 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/ ur k;xowledge and belief.
ZONING CODE VARIANCE APPLICATION
specific setback requirements of the City of Tukwila.
6. DOES YOUR REQUEST MEET THE VARIANCE CRITERIA?
RESPONSE: See Variance Justification Attachment "A"
5. WHY IS THIS VARIANCE BEING REQUESTED? Existing lot configuration
(size and shape) does not permit developemnt in conformance with the
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 five 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 shall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and in the zone in which
the property on behalf of which the application was filed 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.
B. The variance is necessary because of special circumstances relating to the size,
shape, topography, location or surrounding of the subject property in order to pro-
vide it with use rights and privileges permitted to other properties in the vicinity
and in the zone in which the subject property is located.
ZONING CODE VARIAN(' APPLICATION 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
(i.e., developing or subdividing property which results in an extremely difficult to build
parcel) or paying more for property than was justified by its development potential; 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: See Variance Justification Attachment
nAtt
C. The granting of such variance will not be materially detrimental to the public wel-
fare or injurious to the property or improvements in the vicinity and in the zone in
which the subject property is situated.
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: See Variance Justification Attachment "A"
ZONING CODE VARIAN( APPLICATION Page 4
D. The authorization of such variance will not adversely affect the implementation of
the comprehensive land use policy plan.
Example: After a review of the City's Comprehensive Land Use Policy Plan, list any
inconsistencies between your variance and the Plan's goals, objectives or policies.
RESPONSE.
See Variance Justification Attachment "A"
E. The granting of such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by the owners of other proper-
ties in the same zone or vicinity.
Example: Without the variance, no uses for which your property is zoned (i.e., for a
single - family residence or commercial site) would be possible. Without the vari-
ance, rights of use of your property would not be the same as for other similarly
zoned property. Describe other alternatives for use of your property. Why were
these alternatives rejected?
RESPONSE:
VARIANCE CRITERIA:
Applicant's Response:
3556.04 -1-
CAMERON IIEIMBIGNER BUILDING
VARIANCE FOR GAS STATION AND CONVENIENCE STORE
10803 EAST MARGINAL WAY SOUTII
TUKWILA, WASIIINGTON
VARIANCE JUSTIFICATION
AVFACIIMENT "A"
JOB NO. 3556
A. The variance shall not constitute a grant of special privilege inconsistent with the limitations
upon uses of other properties in the vicinity and in the zone in which the property on behalf of
which the application was filed is located.
The subject property, which was recently annexed to the City of Tukwila, lies within an
industrial area which has developed with a variety of mixed uses while under the jurisdiction of
King County. Nearly all of the land uses within the immediate vicinity of this site have been
developed without a specific governmental requirement for setback, nor have these developments
been subject to setback or landscaping requirements generally associated with newer
developments of this type. A review of this area indicates that building setbacks have been
generally dictated by the need for parking areas between the building and the street. In fact,
many of these front yard setback areas are fenced and utilized for outside storage and /or the
display and sale of various types of machinery, equipment, and other types of large and bulky
goods.
The requested variance to allow the proposed convenience store building to be placed within
5 feet of the property line of East Marginal Way will not constitute a grant of special privilege
inconsistent with the limitations upon other uses of property in the vicinity and in the zone.
The entire vicinity surrounding this site has been developed and used by businesses and
buildings which were not required any setback from property lines. This is with the exception
of a small number of developments which have placed landscaping as required by King County
code.
Although the minimum setback of the proposed convenience store will be 20 feet less than that
required by the City of Tukwila code at the north end of the building, the setback of the
proposed building at the south end of the building will be 18 feet, only 7 feet less than
required. Therefore, the average setback for the proposed building is 11.5 feet from East
Marginal Way. The average distance proposed from the adjacent streets is considerably more
than that found for many other structures and storage areas located within the immediate
vicinity of this site and greatly exceeds the distance which was required of nearly all sites in this
area when under King County jurisdiction.
C
B. The variance is necessary because of special circumstances relating to the size, shape,
topography, location, or surroundings of the subject property in order to provide it with the 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:
The subject property presents severe development constraints due to the size and shape of the
parcel. The subject parcel is of a triangular configuration with a base of approximately 189 feet.
Strict adherence to the setback criteria within the M -2 -L Zone of the City of Tukwila would
render a large part of this site unusable for the construction of a building or even use as
parking and /or maneuvering areas. Even with the approval of a setback variance, as proposed in
this application, the lot configuration renders the north approximately 70 feet of the site
unusable for the placement of a building or other site appurtenances such as parking.
The subject property is also abutted on three sides by existing roadways. This unique character-
istic of this site further limits the developable area of this property, as special considerations
must be made to access and safety on adjacent roadways. These factors, which are crucial to the
success of the development and are of utmost importance to the City in their design and review
of street improvements and traffic safety, have also dictated the design of the facility as well as
the need for the variance request and approval.
C. The granting of such variance will not be materially detrimental to the public welfare or be
injurious to the property or improvements in the vicinity and in the zone in which the subject
property is situated.
Applicant's Response:
The granting of the setback variance will not be materially detrimental to the public welfare or
be injurious to the property or improvements in the vicinity. In fact, the granting of the
variance will allow the placement of a facility on this site which will substantially benefit the
public welfare and greatly improve the aesthetic impact of this older industrial area. Due to the
triangular configuration of the subject property, the northern portion of the site is essentially
unusable for the placement of active elements of the development proposal, such as building,
parking, or vehicular maneuvering areas. Implementation of the landscape plan, as proposed,
will provide this site with more than twice the landscaping required or normally placed on a
facility of this nature.
The specific design of this facility will also help relieve any real or potential traffic conflicts with
adjacent roadways. The design of the facility will allow placement of the three proposed
driveways. This will allow location of the driveways with all turning movements to be located as
far as possible away from the intersection of East Marginal Way and Pacific Highway South. It
is generally accepted that such a placement of driveways is preferable to eliminate conflicts with
traffic movements near or in the intersection. This driveway configuration will also permit a
large stacking area adjacent to the gasoline pump island canopy, thereby reducing, as much as
possible, any potential conflicts with vehicles entering and exiting the site and on -site
maneuvering of vehicles to the convenience store and gasoline pump islands.
3556.04 -2-
D. The authorization of such variance will not adversely affect the implementation of the
Comprehensive Land Use Policy Plan.
Applicant's Response:
Compatibility:
A review of the City of Tukwila Comprehensive Land Use Policy Plan reveals a number of
objectives and policies which address land use issues related to commercial and industrial zones
and development within the city. Chapter 4 of this document, titled Commerce/Industry,
specifically addresses issues of compatibility, design, and growth of these uses in the city.
Although none of the objectives or policies stated in this plan relate directly to a variance
request, as specified in this application, each of them support the overall goals of the city as
they relate to commercial and industrial growth and expansion. The following is an analysis of
a number of the applicable policies of the City of Tukwila Comprehensive Land Use Policy Plan
which may be applied in a review of this variance request.
Objective 1 - Encourage a smooth steady and planned growth of the business community.
Policy 1: Encourage the grouping of uses which will mutually and economically benefit
each other or provide necessary services.
Applicant's Response: Placement of the proposed mini- market and retail gasoline sales
facility at this location will provide a necessary service within this mixed use area. The
subject site, which is currently vacant, will not only be complementary to other uses in
the area, but will serve the needs of the employees of those uses and will also provide
necessary grocery and vehicle fueling opportunities to the large number of commuters
which utilize adjacent roadways.
Design:
Policy 3: Encourage aesthetic building and site design in working and trading areas.
Applicants Response: The mixed use arca in which this site is located has been
developed under a variety of land use criteria while under King County jurisdiction.
Some of the newer facilities within this arca have developed in a fashion, which is
compatible with the image that the city wishes to create with regard to aesthetic values
and site design. Many of the older facilities in this area do not display the same
attention to these aesthetic and site design details.
The proposed retail gasoline sales and convenience store development on this site will
meet or exceed all development criteria of the City of Tukwila with the exception of the
setback from the street frontage of East Marginal Way. Approval of this variance will,
however, allow for the development of this site with an aesthetically appealing building
and a site design which is superior to most, if not all, existing facilities in the area and
will improve the quality of the area with a superior site design and amenities such as
additional landscaping.
Policy 4: Encourage the use of live landscaping in all developments.
Applicant's Response: Proposed landscaping at this site will utilize NO artificial
materials. The landscaping of the site will be professionally designed to enhance the
aesthetic appeal of the building and site design.
3556.04 -3-
Policy 5: Promote renovation of areas which are not aesthetically pleasing.
Applicant's Response: The subject site is currently vacant and is located at a major
intersection. Although this site is vacant it does not present an aesthetically pleasing or
visually appropriate gateway to this intersection. Improvements to this site, including
perimeter landscaping and the location and screening of trash areas, will promote and
greatly improve the visual impact of this site.
Policy 7: Promote adequate provisions for parking for all land uses.
Applicant's Response: The site design of this facility provides parking, not only in
conformance with the code requirements of the city, but also adequate to provide for
the parking demand associated with this use.
Objective 3: Encourage the continued vitality of the commercial retailing activity in the city.
Compatibility:
Policy 1: Encourage uses, which are supportive to retail areas, to strategically locate in
or near those areas.
Applicant's Response: The proposed site of this application is located at the
intersections of two major roadways. These roadways are utilized by employees and
customers of many of the retail, wholesale, and manufacturing industries in the area.
Placement of this facility at this site will provide services to those employees and
customers and will be supportive of those uses.
Policy 2: Commercial uses should be located functionally convenient to major traffic
ways.
Applicant's Response: It is recognized in the Tukwila Comprehensive Land Use Policy
Plan that the major criteria of this central location is the abutting transportation system.
Although this facility is not a regional type usc, the heavy traffic flow along adjacent
streets allows for convenience to this facility as well as easy access by employees and
customers within this area.
Growth:
Policy 4: Recognize the benefits of retail activities and promote them.
Applicant's Response: The proponent of this project has reviewed many alternate site
designs, which might reduce the need for the variance request. Other impacts on the
area, including access to the site and impacts on adjacent roadways, COULD NOT be
adequately addressed without the variance request. The City of Tukwila recognizes the
benefits of retail activities as a positive fiscal impact to the city. Ultimately it is the
success of those retail activities which provides that positive influence. Site designs,
which are not conducive to the success of a retail activity, are reflected in both the fiscal
feasibility of a project as well as the fiscal impact on the city. The proposed variance
request is necessary to establish a fiscally sound project which will ultimately benefit the
customer served as well as the city in a positive fashion.
3556.04 -4-
Ob]ective No. 6:
land policy.
Policy 2:
approach.
Applicant's Response:
Promote land development alternatives that will increase the effective use of
Provide flexibility and development by offering a planned unit development
Applicant's Response: Although the request for a variance from setback standards of
the city is not specifically a planned unit development, it does recognize the need for
flexibility in development as encouraged by this policy. Not all parcels of land within
the city are square or rectangular, and a variety of site design options should be
available to allow for the most appropriate use of the site. Approval of the requested
variance from normal setback requirements for this zone recognizes these facts and the
benefits to the city of flexibility in the application of design criteria. Approval of this
variance also recognizes that the application of flexible development standards on
unique parcels of property can and do encourage better site design, provide for more
benefits to the public and the community, and allow for a more financially feasible
project which benefits both the project's proponent and ultimately the city.
E. The granting of such a variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by the owners of other property in the same zone or
vicinity.
The subject property is zoned M -2 -L. This zoning classification permits the development of a
gasoline service station and mini - market as a permitted use. The subject site is adjacent to two
major roadways which provide easy and safe access to the site. The site is also located in an
industrial area. This use will provide needed services in this area for those traveling in the area
both to and from places of work and during the lunch hour by providing convenient food
service to those working in the area.
It is inappropriate and inaccurate to state that no use permitted in this zoning district could be
placed upon this property without a variance. The proposed use. however, is the most
appropriate use for this site based upon the reasons stated above. It is also highly likely that
any other use of this property would also require one or more variances to be approved to
adequately develop the property.
The proponent of this project has reviewed numerous alternatives to the site design proposed
for this use. In fact, Barghausen Consulting Engineers, Inc., the applicant in this action, has
presented development proposals on this site for at least one other service station related client.
Previous land use proposals on this site, when under King County jurisdiction, were generally
rejected due to uncertainties in traffic improvements proposed on or adjacent to the site.
Although these issues are to date not totally resolved, a much firmer direction has been set by
the City of Tukwila which has resulted in a more stable and improved environment for
development of the site. In the specific case of this development, several alternative plans were
developed with regard to location of the proposed convenience store building and gasoline pump
island canopy.
3556.04 -5-
Conclusion:
3556.04
As indicated by the responses to the five specific variance criteria, it has been shown that approval of
the variance request will not constitute a grant of special privilege: is specifically related to the size and
shape of the subject property; will not be materially detrimental to the public welfare: is supported by
the objectives and policies of the City of Tukwila Comprehensive Land Use Policy Plan: and is necessary
for the preservation and enjoyment of a substantial property right by the applicant. Not only does the
variance request meet each of the variance criteria for approval, but an affirmative action by the city on
this request will permit the ultimate development of this site with a use appropriate for the location and
will serve the needs of the employees in the area, and will also serve the large number of commuters
that pass by this site on a daily basis. Approval of this variance request will, lastly, eliminate a vacant
parcel of property and allow it to develop in a useful and production fashion consistent with the zoning
of the site. This will ultimately improve the aesthetics of the adjacent intersection and general area,
providing a fiscally sound project which will benefit not only the property developer, but the city in the
form of increased tax revenues.
•
8910201640
STATUTORY WARRANTY DEED
TRAVERSO JACK BALBO
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