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HomeMy WebLinkAboutPermit 90-07-SPE - CRAIG HITTLE - SENSITIVE AREA WAIVER90-07-spe 4637 south 138th street bp 6065 hittle craig May 27, 1993 Mr. Craig Hitt le 13757 Macadam Road South Tukwila, WA 98168 City of Tukwila Department of Community Development Rick Beeler, Director Subject: Release from the Interim Critical Area Sensitive Areas Ordinance for 4637 S. 138th Street Dear Mr. Hitt le: I apologize for the delay in responding to your letter received April 19, 1993. John W. Rants, Mayor As you are aware, the Tukwila City Council granted a conditional waiver to the Interim Sensitive Areas Ordinance (SAO) for 4637 S. 138th Street, Tukwila on February 20, 1990. The waiver approval was subject to a geotechnical study. Subsequently, you entered into an °Agreement to be Subject to A Sensitive Areas Ordinance' with the City for a foundation and utility permit for a single - family residence for the above address dated April 18, 1990. This document was then recorded with King County. The City reviewed a geotechnical study prepared by James Eaton, PE, and the accompanying permit applications for foundation and utilities. Both permits were approved approximately February, 1991. The final SAO was adopted by the City Council in mid -1991. Your geotechnical report and project have been reviewed and the Planning Division has determined that the project complies with the purpose and intent of the City's final Sensitive Areas Ordinance. Therefore, this letter serves as a formal release from the subject agreement. If you have additional questions, feel free to contact me at 431 -3663. Sincerely, Denni Shefrin Associate Planner cc: 90 -7-SPE File 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 4313665 City of Tukwila Office of the City Attorney MEMORANDUM TO: Rick Beeler FROM: Linda P. Cohen, City Attorney RE: SAO Agreement DATE: May 20, 1993 I am assuming that the proPerty at 4637 S. 138th Street is a single family residence and that tha house was built and the utilities were hooked up without event. If these assumptions are correct, you may draft a document of satisfaction stating that Craig Hittle has met those conditions and he can record the same. This will not need Council's approval. LPC /cc Attachment cc: Jane Cantu CXTYATTY \MEMO\SA0.001 John W. Rants, Mayor Linda P. Cohen, City Attorney RECEIVED MAY 2 0 1993 '. COMMU ny DEVELOPP+ ENT 6200 Southcenter Boulevard • Tukwila Washington 98188 . • Phone: (206) 433 - 1867 ; • Fax (206):433 - 1833 9006211055 90-162 90-035-u The undersigned owner and developer of real property located at 1 16,A^/ S n . 1 3prt j 5T. TU Ko 1 L f k 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: 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. c1 The Undersigned agree(s) that these processes will be continued C solely at their risk and expense and that the result of the .final • CD Sensitive Area Ordinance may be to require extensive project CD modification and re- evaluation or recision of the above Us 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 he written consent of the City of Tukwila. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 3/15/90 But L-01 l,- (Fb P - R m IT �( L try Paygm - r - # 9,0 -- 03 5 t u i g> descr Dated Agreement To Be Subject To A Sensitive Areas Ordinance w NOTARY — *— PUBLIC m 1%s 9, � WA P ' On this a personally appeared before me the i ndiw dual d in and who executed this instr and acknowl that s)signed the same as a free and voluntary act for the uses and purposes herein mentioned. 1990. 90/06/21 • $ 1055 D RECD R 5.00. RECFEE 2.00 . CRSHSL ****7.00 55 KL 7 77...,4 tary Public in and for the tate o Washingto , residing at . M appo n ent expires 1? - .5P- Rick Beeler Director of Community Development City of Tukwila Mr. Beeler, Enclosed is a copy of an Agreement to be Subject to a Sensitive Areas Ordinance and copies of documents associated with it; permits, plans (most recent revision of each page), inspection records, engineering reports etc.. This pertains to property located at 13757 Macadam Rd. So., formerly 4637 So. 138th St. prior to a realignment of addresses in this area. 1 request a written statement that the terms of this agreement have been met, and that the development, long since completed, is in compliance with the Sensitive Areas Ordinance. The site fell under the moratorium only because it contained slope greater than 15 percent. A waiver from the City Council was obtained at that time. Due to a need to obtain title insurance as part of refinancing, I am faced with somewhat of time constraint through no ones fault but my own. I therefore humbly ask for your expeditious response. Your consideration is appreciated. Thank You, Craig Hittle Craig Hittle 13757 Macadam Rd. So. Tukwila, Wa 98168 243 -4173 RECEIVED APR 1 91993 COMMUNITY .DEVELOPMENT • 0 Agreement To Be Subject To A Sensitive Areas Ordinance The undersigned owner and developer of real property located at I/4AI Sn . 139ir ST, - roKolLpt and more specifically described in Exhibit A httached 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: 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 he written consent of the City of Tukwila. STATE OF WASHINGTON ) ) ss. ) COUNTY OF RING 3/15/90 BvLLolJ (.r frbilmtv\-nnm),Po-Rml-r C I O - 15� 0-rl c. t ry P P_AM - F' q -- 03 5 - Dated P WW1 .ran Oro On this personally appeared before me y .�� _ , to me known /to • e the indivi.dual descrlbod in and who executed this instrument, and acknowledged that s 2signed the same as a free and voluntary act for the uses and purposes herein mentioned. 90/05/21 RECD P RECFEE CRSHSL O. 41055 G t.00 2.00 . ****7.00 . S5 tary Public in and ! Tate ofr Washingto at appo n ent expires for the residing My City of Tukwila City Council Council Members, or L PPENIMX A Craig Hittle 4631 So. 138th St. Tukwila, WA 98168 243 -4173 I request of the City of Tukwila a waiver of ordinance #1544 or other variance of procedure as described below. My proposal is nearly identical to one I submitted for review last September under permit application #89 -205. My intention was to move an existing single family dwelling, unwanted elsewhere, to a site adjacent to my home. My previous plans fell through because I felt it prudent to have my plans reviewed prior to purchasing the structure I intended to move. Unfortunately someone else bought the structure at a time when the review and permit approval process was nearly completed. In fact, it was the very day my curb cut and storm drain plans were approved. Permit regulations would not allow me to revise my application for a different structure. This was a significant set back, but I was confident I could find a suitable structure, and apply for a new permit. I was making good progress when the moratorium went into effect. I was at a loss as to what to do. I considered trying to sell the lot but realized it had very little value with the moratorium in effect. I considered remodeling the interior of my home to increase it's value, but the limitations of space and design were insurmountable. I considered returning the capital I had borrowed, but a portion of it had already been spent. On the original concept, I have invested *countless hours of my own . time and some expensive engineering time. I feel that it was too close to all coming together to give it. up, :so I humbly request that I be allowed one of the following: A waiver of ordinance #1544 so that I may apply for a new building permit. A variance of permit application procedure that would allow me to reopen my previous permit application, substitute a different structure as a revision to that application, and allow me to proceed under ordinance #1544, section 2.C. CAS HGENOA ITEM TITLE COUNCIL AGENDA SYNOPSIS (MORATORIUM) PER ORDINANCE NO. 1550 Original Agenda Date FEBRUARY 20, 1990 O Council /Admin. XX Apprvd. Timeijne Purpose'gf Item and Objective of Sponsor: TO CONSIDEI1 THE MORATORIUM SO THAT A BUILDING PERMIT MAY B"E PROCESSED THE PROPOSAL I�S CONSTRUCTION OF A FOUNDATION ON WHICH TO RELOCA E A SINGLE FAMILY HOME TO THE PROPERTY. > (2) Sponsor's Recommended Action: CONSIDER THE WAIVER REP EST, SUBJECT TO FILING AN AGREEMENT TO CONFORM TO ADOPTED SENSITIVE A AS ORDINANCE AND TO PRO - CESS THE APPLICATION AT MR. H'I,TTLE'S RISK AND EXP NSE (THE APPLICANT MUST FILE Alternative Action: A �VEW BUILDING PER T) (1)/)) (-YO (51,. 7 t'fl Committee Recommendations: Administration Recommendations: COST IMPACT (if known) FUND SOURCE (if /lcnown) APPENDICES / PETITION B. STAFF REPORT CAS NO. CRAIG HITTLE PETITION FOR WAIVER FROM ORDINANCE NO. 1544 REC 0 OF COUNCIL ACTION Date Action T f / i r The latter would benefit me the mos and may also be easier for the building department. I would expect to incur a new plan 'check fee. Prior to the moratorium, I was pursuing. options on homes slightly smaller than originally planned, and propose moving . a house no larger than 900 square feet. My goal would be to find a structure that would fit within a footprint of 25'X 35'. As per original plan, I propose constructing a basement on which the home.would. rest. Since this would be a modest but practical home, it would provide an,.affordable home (a much needed commodity in the Puget Sound Region). The impact on the sensitivity of the site would be minimal. The aforementioned storm drain permit is for a revision and improvement of. an existing storm drain, thus would not impact any watercourse. The proposed building site is over 50 feet from the nearest watercourse which is on an adjoining lot. Since there are no nearby wetlands, my property has been deemed sensitive.due to it's slope. The home would have minimal lot coverage, and may set a. good example for other residential projects involving slopes. The structure would be integrated with'the`existing. contour of the land and only one tree would be removed. Although I have interjected some,of my personal history and aspiration of this project with my request,'it amounts to sensible use of single family residence zoned.,property. ' I purchased the property knowing that , I would be able to improve'it.' I request you allow me to'do so. cc: Building Department Attachments: original site plan proposed site plan Craig Hittle 1 -23 -90 Thank -you,' CI y of : Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. Vanousen, Mayor STAFF REPORT TO THE CITY. COUNCIL PETITIONER: Craig Hittle PROPERTY LOCATION: 4637 S. 138th PROPOSAL DESCRIPTION: To construct foundation and prepare site to move existing dwelling onto property in Tukwila. EFFECT OF ' NORATORIDM: The applicant submitted a building permit application in Septem- ber, 1989. Review was not .:completed when the house which Mr. Hittle intended to buy and move was sold to another. individual. Mr. Hittle withdrew his building permit application. on September 13, 1989. The moratorium went into effect before Mr. Hittle could purchase another house to relocate. IMPACT OF TEE SENSITIVE ARRAS ORDINANCE: The proposed Sensitive Area Ordinance establishes performance standards to preserve hillsides and minimise excavation. These standards are more strict as the slope of the property increases. The property slopes 371 from the northeast corner to the south- west edge.. The steepest part is along Macadam Road. The Ord inance does not'preclude single family development on steep slopes. Ordinance 1550 requires the applicant to file an agreement to conform to the final Sensitive Areas Ordinance and to accept the risk and expense any non - conformance might cause. The Public Works Department had already approved storm drain and curb cut plans prior to. Mr. Hittle withdrawing his building permit application. The storm drain permit will expire in March 1990. DECISION CRITERIA: Ordinance 1550 states the City Council must use the following criteria to review waiver requests: 1. Vicinity Map and Zoning Map • The intent of the moratorium 2.. The' best interests of the City weighed against the interests of the individual. 3. The circumstances and hardship caused by the moratorium. 4. The damage that could result from strict adherence to the moratorium ATTACHMENTS • is •1101118 Pala* PLC a a July 30, 1990 'Mr. Craig Hittle 4631 South 138th Street Tukwila, Washington 98168 Dear Mr. Hittle: As your excavation has been in progress for your move -on house referenced in my March 16 letter, I made several inspections and, on several occasions, advised you to trench deeper. „At -the time of my last inspection, made immediately before and during the concrete pour, I found satisfactory bearing conditions for the perimeter footings. I later inspected bearing surfaces for three interior footings and found those satisfactory. The select imported aggregate you have on -site is well suited for use as fill beneath the basement floor. Very truly your JAMES EATON, PE GEOTECHNICAL SERVICES (206) 682 -6942 Box 126 • Hobart, WA 98025 qo-7SpE 6 /07 S /38 ST March 16, 1990 Dear Mr. Hittle: Mr. Craig Hittle 4631 South 138th Street Tukwila, Washington 98168 You intend to relocate a home onto the vacant lot you own immediately east of your present home at the above address. You were informed by the City that a geotechnical investigation would be required as a condition of permit issuance. I was referred to you by another firm you had contacted. We discussed the requirement on February 22, and met on the lot March 4. Because of the suspected presence of fill on the lot and the significant slope, I recommended that you engage the service of a backhoe and have me return for purposes of digging test holes. You arranged for the backhoe to be present on March 12, at which time two test pits were dug. Prior to March 12, you had ground - staked the building location and had almost completed a plan to be submitted to the City. Though the immediate building area is flat, it appears that the flat area was created by cutting or cutting- and - filling on the side of a natural south -to -north slope. One test hole was positioned outside the building area to the north and one outside to the south; the more precise locations are expressed as distances from house corners on page three attached. It appears that the only natural soil type relevant to your project is a clay formation. The south side of the cut bench, to include the south corner of the house, was cut some. two yards or more below natural grade; there gray clayey hardpan exists at the surface of the artificially created grade. At and beneath the slope in the vicinity of the north corner of the house, several feet thick of off -site fill has been dumped over weathered clayey soil, which grades increasingly stiff with depth. Probings indicate that the soil there would have a hardpan consistency at a depth of six to seven feet below original (natural) grade. The clayey hardpan has excellent load- bearing and slope - stability properties. The loose fill, on the other hand, is unsuitable for foundation support and has unfavorable slope characteristics. It will be necessary to found your house on the natural clayey soil and to minimize differential settlement, the entire foundation should bear on soil of uniform quality. Because the south part of the house will necessarily rest on hardpan, the north part should also be supported by hardpan, even though placing the north foundation on hardpan will require excavating an estimated four to five feet deeper than would be necessary to penetrate the fill. • JAMES EATON, PE GEOTECHNICAL SERVICES (206) 682 -6942 WI Box 126 • Hobart, WA 98025 .Mr. Craig Hittle Page Two March 16, 1990 Conventional spread footings are recommended for the southeast and southwest perimeters, and could also be used for the entire perimeter. Because of depth the bearing hardpan along all or parts of the northeast and northwest perimeters, you may wish to modify the footing as we discussed. "Ordinary" or code -sized footings typically bear at 2000 psf on the supporting soil. The hardpan is capable of supporting loads several times that great. Therefore, you could use 12- inch -wide footings; by also using a 12- inch -wide stemwal, at least for the underground portion, there would be no need to form the modified foundation. Schematically, it would be as shown. Very truly- yours, z h o -; i g "? copte ; ubm 4 tt p d 'P� P . 11911 4' � ; ,,, F "1:zi V. ti • w F2 oce 6•44'- \ I ..I A 4 \ �. \ ■ ■ N ■ You should not depend on any of the fill or any topsoil or questionable native soils for support of slabs or other incidental improvements. If you have a floor slab, I recommend that it be underlain by at least six inches of sand or gravel and by a plastic membrane. Footing drains should be installed at least one foot below the elevation of adjacent slabs or crawl spaces they are intended to serve. The pipe and drain rock should be shrouded in filtering fabric to prevent long -term siltation. Let me know if you have any questions about this or if you want me to inspect during excavation to verify compliance. Mr. Craig Hittle Page Three March 16, 1990 #1 10' northeast of north corner of proposed house: 0' - Dark brown loam fill containing rubble 2.6' - Mottl ed brown silt with clay (soft at 2.6' to : very , stiff at 6.5') 7.3' - Completed and backfilled March 12, 1990 No groundwater encountered #2 4' south of south corner of proposed house 0' 5 TEST PIT: LOGS Blue -gray silty clay (hard, slightly fissured) Completed and backfilled March 12, 1990 No groundwater encountered I Regular Council Minutes February 20,1990 Page 5 Request for Waiver of Ordinance #1544 - Jeff and Melodie Shaver J Request for Waiver to 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 involved 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 spucture 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 forthe el'iliiii atioi, of a -steep•driveway 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 o€F the roof of the house and through the downspouts will flow underground and feed into the storm sewer. Regular Council Meeting February 20,1990 Page 7 J Waiver Request (con't) Craig Hittle Request for Waiver of Ordinance #1544 - Mike and Christi Easter NEW BUSINESS South King County Transportation Benefit District MOVED BY EKBERG, SECONDED BY ROBERTSON, TO APPROVE THE WAIVER SO THAT A BUILDING PERMIT MAY BE ° PROCESSED CONDITIONAL LON A GEOTECHNICAL• STUDY.BEING DONE.* Councilman Robertson asked Councilman Ekberg's reason for making this waiver more specific than the other waivers in that you have requested the geotechnical study done prior to the building permit. Councilman Ekberg responded that the one considered before Mr. Hittle's was generally a flat piece of roperty with a 15 degree slope in one corner. Here there is a piece ofproperty that is between a 15 percent grade and a 40 percent grade. *MOTION CARRIED WITH DUFFIE VOTING NO. WAIVER IS GRANTED WITH CONDITIONS. Mike Easter addressed the Council with his proposal to build two single family homes at 4820 So. 150th Street. He noted that there are no large trees on the property. The houses would be built on what is now a pasture. In response to Council President Hernandez' question of urgency, he noted that to wait until after the moratorium expires, he will lose the ability to schedule sub - contractors for early summer and the interest rate is unstable. Councilman Moriwaki asked Mr. Easter if he would be willing to conform with the adopted SAO at his own risk and expense. Mr. Easter replied that regarding surface water management, he had assumed that he would have to put in some type of infiltration system to handle the downspouts. He commented that he wouldn't mind creating some water diversion or more extensive infiltration type systems, but if he has to put in a 400 foot storm drain, he might want to apply for some help. He stated he would be willing to take care of any water he personally diverted. MOVED BY MORIWAKI, SECONDED BY DUFFLE, THAT A WAIVER BE GRANTED SUBJECT TO THE PETITIONER FILING AN AGREEMENT TO CONFORM TO THE ADOPTED SENSITIVE AREAS ORDINANCE AND TO PROCESS APPLICATIONS AT HIS OWN RISK AND EXPENSE. MOTION CARRIED. Director of Community Develop Rick Beeler noted that Council did not impose the condition subject to the petitioner filing an agreement on Mr. Hittle's waiver request as with the other requests, but they did impose the geotechnical study. Councilman Robertson stated that when he seconded the motion, he did it with the intent and understanding that it was similar to all the other waivers we have granted with the exception that it had an additional item to it, and that was that they had to do a geotechnical report. Council concurred with Councilman Robertson. Councilman Robertson reported on the SKCTBD. He commented that it is beneficial to the City to join in this program, and there is a very low risk in the way it is set up to start. To //et the "flexible" TBD going we will make public notice but not a mailing to everyone. The TBD cannot issue debt to start with. Therefore, it is fairly low risk at this point. We can modify the boundaries or get out of it easily. Our commitment at this time will help to hire an administrator and a consultant to put together a project list. We will also be able to finalize the rules as to how the "flexible" TBD would work. Tukwila's commitment is only $8,000 and we can back out at any time. After the first year, all of the jurisdictions may decide to jointly go into a "strict" • ' - Ii WINDotel oPepaitr ; . lis c- p-a-v • ( — : •.. Wirr EtEV • • i 10 .." • • • . • ! ' 1411 I4-t41 • C R 4 1 1 ittiiinst) Lit le =, • \ : - •-•,, • . 9c4tn33 • • i -)e ,-, leffl "I -)c... 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