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HomeMy WebLinkAboutPermit 90-15-SPE - BATES LINDA / BATES DWIGHT - SENSITIVE AREA WAIVER90-15-spe 4440 1/2 south 160th street bates dwight and linda CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA. WASHINGTON 98188 September 11, 1991 Mr. and Mrs. Bates 17039 37th Avenue South Seattle, WA 98188 Dear Mr. and Mrs. Bates: This letter is written because your proposed project in the City of Tukwila was affected by the Critical Area Sensitive Areas Moratorium. A waiver to the Moratorium, which prohibited any development on sensitive area property, was denied by the City Council. Since Sensitive Areas Ordinance No. 1599 was adopted on June 10, 1991, the Moratorium for development within sensitive areas has not been in effect. Proposed development affected by sensitive areas will be reviewed according to the standards set forth in this Ordinance. If you choose to pursue your project, a State Environmental Policy Act (SEPA) checklist will be required along with the application for appropriate permits. The Department of Community Development planning staff has been working on procedures to help with the implementation of the Ordinance. The complexity or feasibility of the project may warrant a pre - application meeting in order for City staff to help resolve significant issues. If you have questions concerning this letter, feel free to call or visit the Community Development office and talk with a planner or myself. Si cerely C. G ±y Schul Urban Environmentalist cc: Jack Pace, DCD - Senior Planner PHONE # (3061 433.1800 Gang L. VanDuscn, Mayor March 26, 1990 Tukwila City Council 6200 Southcenter Boulevard Tukwila, Washington 98188 APPENDIX A Dear City Council Members, We are writing to you requesting a waiver of the mora- torium currently in effect on our property. We would like the waiver for the purpose of a short plat for a flag lot on the top portion of the property. The property in question is located at 4440 1/2 So. 160th Street. The property is Lot 3 of Tract 58, Sunnydale Gardens, on King County Short Plat No. 479018. The legal description and drawing of the lot are attached for your review. We aquired this land by inheritance and since 1983 have paid taxes and utilities while the land has appreciated in value. We have been trying to sell the property for the past eight months and have had several interested buyers. We now have buyers ready to purchase the land for the pur- pose of building two homes at the top of the property. There is approximately 200' at the top of this property that is flat buildable land. The problem that buyers have come up against is not being able to short plat at this time, due to the moratorium. We believe the moratorium puts a hardship on our situation for the following reasons: a) We are asking $70,000 for this property based on the assumption that it could be short plated and the fact that the property has a very nice view of Seattle and the Cascade Mountain range. Our buyers cannot justify cashing us out, as they would have to wait to get the short plat and building permits required to begin their . project, due to the moratorium. b) We have planned for this money to make home improvements to our own home this spring. The sale of the Tukwila property right away would enable us to make these improvments as we had planned. Our garage will not make it through another winter. c) We purchased a lot on Anderson Island this past year, which we intend to build a home on. We have already began to clear this lot for building. According to the covenants of the Anderson Island complex, we need to finish our building project in nine months time. The sale of the Tukwila property is what we planned on to complete this project. The real problem here is the timing of the moratorium. As it comes at a very bad time for us we do feel it is an undo hardship. Since•we do not dispute the purpose of the moratorium, nor do our buyers intend to develope the port- ion of our property that lies within the sensitive lands boundaries, ( We have been told that it would not be cost effective to develope over the slope of the property), then we feel that the City Council can be comfortable in allow- ing us to obtain a waiver of the moratorium at this time. We appreciate the City Council's prompt attention to this request and hope that our situation will be given the highest consideration for a waiver of the moratorium, to allow us to obtain a short plat and resume the sale of our property. Sincerely, Dwight W. and Linda M. Bates 17039 37th So. Seattle, Wa. 98188 (206) 246 -6355 (home) (206) 393 -4530 (at work) Attachments STAFF REPORT TO THE CITY COUNCIL APPENDIX B PETITIONER: Dwight and Linda Bates PROPERTY LOCATIONS 4440 1/2 South 160th Street, Tukwila PROPOSAL DESCRIPTION: Short plat for flag lot to facilitate sale of property EFFECT OF MORATORIUMS The moratorium prevents the petitioner .from filing • a short plat application because portions of the • property exceed 15% slope. The moratorium acts as a disincentive on prospective • purchasers due • to the uncertainty it creates. The unwillingness of purchasers to buy an otherwise attractive property creates financial • hardship on • the petitioners who had planned •to use the proceeds from the sale' for other purposes. IMPACT OF THE SENSITIVE AREAS ORDINANCE: The property. is located in an. RS -7200 zone and is surrounded by. other single family residential uses. The lot is nearly 40,000 square feet. The front ,170 to 210. feet, are flat, with the sloping . portion .beginning at approxdmately the 190 foot mark and running through the middle of the lot. .There is • currently more than enough room to place a single family home on . the ' flat portion of • the property. • If . the property were short platted there would still be sufficient space to .'construct, two residences without interfering with •the .sloping. portion. Any eventual construction could take place on the. southern, flat portion of the lot while leaving the steeper grade intact. • The - draft Sensitive Areas Ordinance establishes performance standards to preserve hillsides. The standards are more strict as the slopes of the property increase. The Ordinance' does not preclude single family development on steep slopes. No permit or. short plat application has 'been filed. However, this petition sets the stage for ,filing an application , if : • a waiver is granted. 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. Staff Report pg.2 1. Vicinity map 2. Site plan DECISION CRITERIA: 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. 4. The damage that could result from strict adherence to the moratorium. ATTACHMENTS: p 42.7 i.. 1 • ti v. 3 �i I' 1,1 6Q 38 A i6 43 59 743! 82./9 1 as ti 39A /64 43 i — r".14; i i X12 1 D qI__ I ! { R y i vv �� I•2 { 1� 'a:+/ 0� _0.47 111_______,...70 1 744? .�h O O7 as • 62 r1 sst7 .,a � �� b0 . . .tip' _ "_"T, 7'r '7. . ' 7. • v iscos S6 In MRS. GLENN H. HOLSINGER 3.68 Ac. • (e% % MRS. GLENN H. HOLSINGER 4. AC. TRACT E /4048 VICINITY 0 - 1 44 ( tL 1� .