HomeMy WebLinkAboutPermit 90-08-SPE - EASTER MIKE - SENSITIVE AREA WAIVER90-08-SPE
4820 SOUTH 150TH STREET
BP 6580
EASTER MIKE EASTER CHRISTI
3Y,15/90
Dated
Agreement To Be Subject
To A Critical Area Sensitive Areas Ordinance
The undersigned owner and developer of real property located at
e.q o 5. /so th 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:
r: 1 1 ?
q x:;Pvt ,104 0
the development of the property described in Exhibit A will be
subject to all of the Sensitive Areas Ordinance provisions as
finally pag"sed 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.
Applicant
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me 58Vnn/
EA - P ✓ , to me' known to be
the individual described in and who executed this instrument, and
acknowledged that s /he signed the same as a free and voluntary
act for the uses and purposes herein mentioned.
, 1990.
•
Notary Public in and for the
State of Washington, residing
at T'i.tk )( /L\, G1JA. ?OAP. MY
appointment expires
LEGAL DESCRIPTIONS
Before the short subdivision:
Lots 14 and 15, Block 2, Second Addition to Adams' Home Tracts, according to the plat thereof
recorded in Volume 12 of Plats, page 90, in King County, Washington;
EXCEPT the west Ilia+ feet of said Lot 15;
SUBJECT TO an easement for ingress, egress and utilities over the east 30 ' thereof.
Dated
SHORT PLAT NO.
CITY OF TUKWILA, WASHINGTON
, 1990.
Notary Public in and for the
State of Washington residing
at r7 e,.. /L1 WA, M . My
appointment expires
Regular Council Meeting
February 20,1990
Page 7
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 ON 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 property with a 15 degree slope in
one corner. Here there is a piece of property that is between a 15
percent grade and a 40 percent grade.
*MOTION CARRIED WITH DUFFLE VOTING NO. WAIVER IS
GRANTED WITH CONDITIONS.
Mike Easter addressed the Council with his pro sal 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 e
systems, but if he has to put in a.400 foot storm drain, he might want to
apply for some help. He statedle would be willing to take care of any
water he personally diverted.
MOVED BY MORIWAKI, SECONDED BY DUFFIE, 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 oet the "flexible" TBD
go Dg we will make public notice but not a =limo to everyone. The
TB 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"
i n
February 1, 1990
To: City Clerk of Tukwila
Subject: Request for waiver from Sensitive Area Ordinance.
Zoning: R: R I 1. Z 4 Z (i is 10
Reason waiver is needed: Subject property is on a 16% slope.
Purpose: To build two single family homes, each approximately 1,500 SF.
Sewer and water is available. Location and legal descriptions as folio
4820 South 150th Street, Tukwila, Washington.
Lot 14 and the east 15' of Lot 15 Adams Home Tracts 2nd Ad • tion.
t
I Ana 1'4
rsp:i•arJ c► e- r fo! rim
7( V /Il /C r pr ChrrsS e0+474/f
8.10 S /SeS
,fr..rvlr C-' 9 gt �6
a. s& it -1 er
AP - ENDIX A
C6UNCIL AGENDA
SYNOPSIS
AGENDA ITEM TITLE MIKE AND CHRISTI EASTER REQUEST FOR WAIVER
ORDINANCE NO. 1544 (MORATORIUM) PER ORDINANCE NO. 1550
Original Agenda Date FEBRUARY 20, 1990
Original Sponsor: Council /Admin. XX Apprvd.
`Timeline
r:A
� ' Sponsor's Reconmended�,Action:
Yf° FILING AN AGREEMENT TO CONFORM TO THE. ADOPTED SENSI E AREAS ORDINANCE
AND TO PROCESS APPLICATIONS AT PETITIONER'S RISK AN EXPENSE.
Alternative Action:
Sight,L4iic (1 0 (010D O/ .
N
CAS
Purpose of Item and objective of Sponsor:
TO CONSIDER WAIVING THE MORATORIUM SO THAT A SHORT PLAT AND TWO BUILDING
PERMIST.MAY BE PROCESSED.
THE PROPOSAL IS TO SHORT PLAT PROPERTY AND CONSTRUCT TWO SINGLE FAMILY
RESIDENCES 'I AN R -1 -7.2 ZONE.
(2)
Committee Recommendations:
Administration Recommendations:
RECORD OF C9UNCIL ACTION
Date Action /
2/20/90 /
COST IMPACT (if known)
FUND SOURCE (if known)
APPENDICES
B. _S_TAFF REPORT
WA R R ' EST SUBJEC TO
I
l
/
CAS NO.
FROM
N
PETITIONER: Mike and Christi Easter
PROPERTY LOCATION: 4820 S. 150TH Street
PROPOSAL DESCRIPTION:
EFFECT OF MORATORIUM:
The moratorium prevents the petitioner from filing a short plat,
building or other permits for the property since the property has
a slope between 15% and 40 %. Ordinance 1544 prevents approval of
the application unless a waiver is granted by the City Council
per Ordinance 1550.
IMPACT OF THE SENSITIVE AREAS ORDINANCE:
The draft Sensitive Areas Ordinance establishes performance
standards to preserve hillsides and minimize excavation. Those
standards are more strict as the slope of the property increases.
The subject property has an overall slope of about 15 % 20%
going north from S. 150th Street.. along 42nd Avenue S. The
Ordinance does not preclude single family development on steep
slopes.
Ordinance 1550 requires the applicant to file an agreement to
conform to the finally adopted Sensitive AReas Ordinance and that
he accept the risk and expense that conformance may cause.
DECISION CRITERIA:
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. vanDusen, Mayor
STAFF REPORT
TO THE CITY COUNCIL
APPENDIX B
Short Plat lot to permit construction of
two single family homes in an R -1 -7.2
zone..
Ordinance 1550 states the City Council must use the following
criteria to review waiver requests:
1. 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.
O
s �
i� -
IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated
hereon with reference to streets and other land. No hammy is assumed by reason of reliancenereon.
1314.10
•
4
4
i
O
S $0 TM
{ ii)
. ' U s,
ST TITLE COMPANY
of :.shington, Inc.
ORDER NO,
94
Adams
r,i. 40 •
S /it 8't'x Jr
O
LOT 2 O 4
•
•
.,• v p o
0' O
m
w81
3 i•
r •
o
•
tor h
O p. Al
1 . In'
/s
!'• SA IS
Home nc1 .z.14/ All
-
/264
•zs •S Nu.
7
ISO
The damage that could result from strict adherence to ' the
moratorium
ATTACHMENTS:
1. Vicinity Map
2. Site Plan
I A
.mot,
i ,0:
si IS
• .I
•�
.. y.1..-1
.
r_�
.
1
-
M ;
•
•
.
;
004000
—.. — .� .
��
, 1ir•••
,a
-� t a .I F
/• re
• • _
ti
1 3
1
a•, r :
4
'' i
•
orsa , ,
•
L y
' I;
sl •;,
as a
•1 IT T E :T
•
•„
r
• )K •oa 1
'I
•,.0
/f
,S,
•
• la
-�• a, t.s •,4 0
•
! 9
S