HomeMy WebLinkAboutPermit 90-06-SPE - SHAVER - SENSITIVE AREA WAIVER90-06-spe 14243 58th avenue south
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RECEIVED
MAY Z2 1990
TUKWILA
PUBLIC WORKS
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L T/' -/T'f Lo�n77o '$ . $' Fr � /,tic/!�/1�j OF TUKWIW
,1- - �f v��Frc� o MAY CITY 0 7 1990
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PERMIT CENTER
142xx 58th
ave. south
tukwila, wa.
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Jeff and melodie
shaver
The undersigned owner and developer of real property located at
w47, s r m ,4g/ S_ and more specifically
described in Exhibit A attached hereto, hereby agrees, pursuant
to the requirements of Tukwila Ordinance No.'s 1544 and 1550,
that if the City of Tukwila will process the following
applications:
Arehww.V G f ER/� 1 % G�9 ShriaGa: F ,Ly
the development of the property described in Exhibit A will be
subject to all of the Sensitive Areas Ordinance provisions as
finally passed by the City Council even though those provisions
may be more restrictive than any conditions or limitations
imposed by or resulting from the processes described above.
The Undersigned agree(s) that these processes will be continued
solely at their risk and expense and that the result of the .final
Sensitive Area Ordinance may be to require extensive project
modification and re- evaluation or recision of the above
approvals. It is also understood and agreed that continuation of •
these processes does not mean that applications not pending on •
November 20, 1989, for this project, will be accepted or
processed unless the City Council approves a petition therefor.
The undersigned acknowledges that the covenants herein run with
the land described in Exhibit A and that this document will be
recorded with the King County Department of Records and Elections
and that these covenants cannot be released without the written
consent of the City of Tukwila.
STATE OF WASHINGTON )
) ss.
COUNTY OP KING )
On this day pers nally appeared before me p y
e
,f _. g,„& ./ , to me o o� b
t d vide Z escridd in and who executed this instrument, and
ac owledged that s /he signed the same as a free and voluntary
act for the u :ies and purposes herein mentioned.
3/15/90
Dated
Agreement To Be Subject
To A Sensitive Areas Ordinance
Applicant
1990.
ary Public in an
ate of Washin�n,
at I
appoin ent expires
for the
residing
. My
9 9 -5'
Regular Council Minutes
February 20,1990
Page 5
Request for Waiver of
Ordinance #1544 -
Jeff and Melodie Shaver
Request for Waiver to CRITICAL AREA SENSITIVE AREA
Ordinance #1544 -
Craig Hittle
Jeff Shaver, 4437 So. 156th Street, addressed the Council on his
request for a waiver to the moratorium so that a building permit may
be processed. Mr. Shaver proposes to construct a single-family
residence for his family's occupancy on a single family zoned lot.
Prior to the purchase, the property was a double residential lot with a
single family dwelling on it. A lot line adjustment was made creating
the Shaver's property. The overlay map showing sensitive areas
touches on a portion of the lot. The only type of sensitive area
involved is the fact that there is a slope slightly larger that 15 percent.
That area of the lot is an orchard which he intends to keep to stabilize
the slope. Mr. Shaver plans to build a house on the flat, southern
portion of the lot. Mr. Shaver commented that there is a hardship
mvolved in that waiting until after the moratorium expired would delay
both the development and the selling of their current residence
approximately three months. The Shaver's are a single income family
and to delay would create a financial hardship.
MOVED BY LAWRENCE, SECONDED BY ROBERTSON,
THAT THE WAIVER BE GRANTED SUBJECT TO THE
PETITIONER FILING AN AGREEMENT TO CONFORM TO
THE ADOPTED SENSITIVE AREAS ORDINANCE AND TO
PROCESS ANY APPLICATION AT THE HIS OWN RISK AND
EXPENSE.*
Councilman Ekberg inquired about the timeframe of the project. Mr.
Shaver responded that he expected to have an application in within a
week.
*MOTION CARRIED. WAIVER IS GRANTED SUBJECT TO
CONDITIONS.
Craig Hittle, 4631 So. 138th Street, stated the subject property is
located at 4637 So. 138th Street. Mr. Hittle stated that he had applied
for a building permit for a foundation to move a home onto the lot last
summer. The application process was near completion when the
structure was purchased by another party. Consequently, he was
required to withdraw his application. At this time, he plans to move a
house onto a small plateau that rests on the property with one end on
the slope side opening up as the basement part. He has obtained a
site plan for the project and a curb cut permit. Construction would
have to begin in March in order for that permit to remain valid. There
will be slight differences in the plan that had already been reviewed
and accepted by the Building Department. The new plan calls for
different dimensions of the structure and different positioning of the
structure. The new plan calls for a smaller sized structure and
positioning to require less excavation. Mr. Hittle feels that the new
proposal would have less impact than the original proposal. Mr.
Shaver has obtained a storm drain permit to improve and change the
course of an existing storm drain that is currently on the property. The
existing system is functioning properly; however, the improvement
would call for replacing a major portion of it which would extend the
life of the system and provide for additional catch basins. This plan
also for the elikuiiiatio of a steep and replacement with
a driveway and parking area that conforms with the existing code. in
order for his other permits to remain in effect, Mr. Hittle states that he
must move on this project by mid- March. He feels that the revisions
he has made to the plan reduce the impact on the sensitivity of the
area.
Councilman Rants asked Mr. Hittle how he planned to handle the
impervious area around the house. He noted that the wooded hillside
is very steep and there is a lot of water on the road and across the
road. Mr. Hittle replied that at the top of the driveway area there is a
catch basin. Water that comes of the roof of the house and through
the downspouts will flow underground and feed into the storm sewer.
Tukwila City Council
Dear Councilmembers,
Jeffery L. Shaver
22%)
iy
c CITY. C+.E ^x
We respectfully request an exemption to the new construction moratorium
(Ordinance No. 1544 and 1550) in the City. of Tukwila for the purpose of building
a single family home for our own occupancy. The property in question is at
14243 58th Ave So. which we purchased on 12/15/89. It vas created by a lot line
adjustment as Lot "A" of Short Plat *89 -8 -SS on 11/13/89 to facilitate our
purchase and subsequent home construction.
The northernmost portion of the property has grades in excess of 15% but
less than 40X. It is our intention to build on the southern portion and leave
the steeper grade basically intact, as it comprises a small orchard.
We have reviewed the draft Sensitive Areas Ordinance and agree to abide
by it when it is adopted by the Tukwila City Council as it applies to portions
of our property. The lot contains no wetland areas, watercourses, slide areas,
or grades in excess of 40%. It is in the midst of d well - established area of
single- family residences, and therefore does not encroach upon any wildlife
habitat.
We therefore request a hearing with the Tukwila City Council to review
this petition at the earliest possible date,
Melodie A. Shaver
APPENDIX ,.A
January 22 1990
4437 So. 156th St.
Tukvila, Washington
CAS NO.
AGENDA ITEM NILE JEFFREY AND MELODIE SHAVER REQUEST FOR WAIVER FROM
ORDINANCE NO. 1544 (MORATORIUM) PER ORDINANCE NO. 1550
Original Agenda Date FFRRIIARY 2n, t99f1
Original Sponsor: Council /Admin. XX Apprvd.
Timeline
Purpose of Item and Obj of Sponsor:
TO CONSIDER WAIVING THE {MORATORIUM SO THAT A BUILDING PERMIT MAY BE PROCESSED.
THE PROPOSAL IS TO CONSTR4T A SINGLE - FAMILY RESIDENCE FOR THE APPLICANT'S
OCCUPANCY ON A SINGLE FAMILY ZONED LOT.
rco 4 , 0 x, 5u .w(Lcs
CAS
Sponsor's Recommended Action: ONSIDER/THE WAIVER REQUEST, SUBJECT TO FILING
AN AGREEMENT TO CONFORM TO THE A OPTf 'SENSITIVE AREAS ORDINANCE AND TO
PROCESS ANY APPLICATION AT THE SHA ''S RISK AND EXPENSE.
Alternative Action: //
(1) N14 1 (001011
Committee Recommendations:
Administra tl on Recommendations:
//
COUNCIL AGENDA
SYN0P31S
COST IMPACT (if known)
FUND SOURCE (if known)
APPENDICES A. PETITION
RECORD OF COUNCIL ACTION'\
Date Action
2/20/89
B. STAFF REPORT
PETITIONER: Jeffrey L. Shaver and Melodie Shaver
PROPERTY LOCATION: 14243 - 58th Avenue South
PROPOSAL DESCRIPTION: Construction of a single family resi-
dence for personal occupancy by the
petitioners.
EFFECT OF MORATORIUM:
The moratorium prevents the petitioner from a filing building
permit application because the property slope exceeds 15 %.
IMPACT OF THE SENSITIVE AREAS ORDINANCE:
The property was created by a lot line adjustment on 11 /13/89,
be a d purchased by the petitioner on' 12/15/89. It has slopes
tween 15% and 40% Moratorium Ordinance 1544 prevents approval
of any application unless a waiver is granted by the City-Council
per Ordinance 1550. As yet, no permit application has, been
filed.: However this petition sets the stage for filing anal
application if a waiver is granted.
The draft Sensitive Areas Ordinance establishes performance
standards to preserve hillsides. The standards are more strict
as the sloPes of the property increases.' The petitioner intends
to . build on the southern portion of the lot, while leaving the
steeper grade in tact. The Ordinance does not preclude single
family development on steep slopes.
Ordinance 1550 requires the applicant to file an agreement to
conform to the final version of the Sensitive Areas Ordinance and
to accept any associated risk and expense.
DECISION CRITERIA:
Ordinance 1550 states the City Council must use the following
criteria to review waiver requests:
1. The intent of the moratorium
Ci ty of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433.1800
Gary L. vanDusen, Mayor
STAFF REPORT
TO THE CITY COUNCIL
APPENDIX B
8911131205
NORTH
SCALE: 1° = 40 ft.
DATE: .U.:: ✓; !/
P&iaseel Srpt �6, /48?
NOTE: APPROVAL,
cc: Engineering
Building
Copy to
applicant on
ILLUSTRATION OF Al
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(l Approval is hereby granted subject to:
O Disapproved because:
Original to File Planner:
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IF GRANTED, WILLREQUIRE A SURVEY BY A LICENSED SURVEYOR.
(Do not write below this line.)
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2. The best interests of
of the individual.
3. The circumstances and
4. The damage that could
moratorium
ATTACHMENTS:
1. Vicinity Map
the City weighed against the interests
hardship caused by the moratorium.
result from strict adherence to the
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