HomeMy WebLinkAboutPermit 88-01-APP - PAUL HAGGARD - DUPLEX APPEAL88-01-app
14155 57th avenue south
PAUL HAGGARD DUPLEX APPEAL
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
CITY OF TUKWILA
BOARD OF ADJUSTMENT
APRIL 7, 1988
The meeting was called to order at 7:04 p.m. by Chairman Nesheim.
Members present were Mrs. Regel, Mr. Nesheim, Mr. Goe, Mrs. Altmayer, and
Mr. Lockhart.
Representing staff were Moira Bradshaw and Norma Booher.
APPROVAL OF MINUTES
The Minutes of the Board of Adjustment Meeting held March 3, 1988 are not
available. The approval of the minutes will be on the agenda of the next
Board of Adjustment Meeting.
PUBLIC HEARING
88 -1 -APP - Paul Haggard Administrative Appeal - Paul Haggard appealing
administrative interpretation about whether a single family dwelling unit
is a duplex. Dwelling located at 14155 - 57th Avenue South.
Moira Bradshaw explained that Exhibit #1 is the staff report. As a result of
a complaint staff made an interpretation a single family dwelling unit is
being used as a duplex.
Paul K. Haggard, 13851 17th Avenue SW, Seattle 98166, reported he has been
a property owner in Tukwila for 28 years. He previously owned a construction
company in Tukwila that he had to liquidate. He showed photos of the subject
site and the surrounding property, Exhibit #2. He built the building to be
used by his mother and his daughter. Originally there was a stairway
connecting the two stories of the house. The kitchen was located on the upper
floor. When the building was not used by his family members he removed the
stairwell and built a kitchen in the lower level. At present the building
is occupied by a couple on the upper floor and a couple and child on the lower
level. The families are unrelated.
Mr. Haggard stated in surveying several blocks in the neighborhood of his
property he found several instances where two level homes were being used
similarly to his use and they were not obeying the law with respect to R -1
dwellings.
BOARD OF ADJUSTMENT
April 7, 1988
Page 2
Scott Suyama, 5617 South 149th, Tukwila, stated he would like to know the
Board's conclusion in this matter. He asked if the stairway is put back
in would it then meet the definition of a duplex or a single family residence?
Michelle Nagel, 14150 56th Avenue, Tukwila, stated a lot of houses that are
not in code are being used as duplexes. When rentals go in the property
values go down. It almost defeats the purpose of fixing up one's own home
and yard. This house is being used as a duplex.
Scott Nagel, 14150 56th Avenue, Tukwila, stated it is good of the City to
enforce single family dwelling codes in order to keep duplexes where they
are zoned to be. The fact that others violate the law does not make it
right.
Mr. Haggard stated he had a carpenter come in to see about restoring
the stairwell but the renter did not want to let them in. Later the
carpenter was able to take the measurements. If the stairwell is put in
the hallway will have to be narrowed and it will ruin the closets. He stated
wherever there is a two level home there is usually a wet bar and many times
a sink and refrigerator. He was told he would have to restore the stairway,
take out the stove and refrigerator and cupboards.
Mr. Scott Nagel said a wet bar is usually for entertainment and is not used
for the daily preparation of meals.
Chairman Nesheim closed the Public Hearing at 7:40 p.m.
RECESS
Chairman Nesheim declared a five minutes recess at 7:40 p.m. The meeting was
called back to order at 7:50 p.m. with Board of Adjustment members present
as previously listed.
Deliberations ensued on the appeal.
MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT IN CONSIDERATION OF THE
STAFF REPORT AND TESTIMONY'OF THE PROPONENTS AND OPPONENTS OF THE MEETING
THAT THE BOARD OF ADJUSTMENT UPHOLD THE STAFF DETERMINATION THAT THIS IS A
MULTI - FAMILY DWELLING UNIT AND IS ILLEGAL IN THE ZONING IN WHICH IT IS
LOCATED,*THAT STAFF TAKE APPROPRIATE ACTION TO BRING EITHER THE BUILDING BACK
INTO CODE'AS A SINGLE FAMILY DWELLING UNIT OR TAKE OTHER STEPS SO AS TO
PRECLUDE USE OF THIS UNIT FOR MULTI - FAMILY AND IN CONSIDERATION OF MR. HAGGARD'S
LEGAL REQUIREMENTS WITH HIS TENANTS THAT WE PLACE THE END OF THE CURRENT LEASE
YEAR WHICH MR. HAGGARD STATED WAS JUNE 1988 A DATE FOR VACATION OF THE SECOND
FAMILY. *
Ms. Altmeyer stated she discussed this matter with Mr. Haggard previous to
this hearing and she questioned a possible conflict of interest.
•
BOARD OF ADJUSTMENT
April 7, 1988
Page 3
Members of the Board of Adjustment felt there was no conflict of interest.
Chairman Nesheim stated she would have to make her own decision on whether
or not she should vote on the motion.
*MOTION CARRIED, WITH MS. ALTMEYER ABSTAINING FROM THE VOTE.
DIRECTOR'S REPORT
Ms. Bradshaw explained pending annexations that are being considered. They
are Fire District #1, the Riverton annexation, and the Sea -Tac incorporation.
ADJOURNMENT
The meeting was adjourned at 8:37 p.m.
Respectfully submitted,
Nor a Booher
Secretary
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
City of Tukwila
PLANNING DEPARTMENT
6200 Southcenter Boulevard
Tukwila, Washington 98188
(206) 433 -1849
April 7, 1988
88 -1 -APP
Paul K. Haggard
STAFF REPORT
to the Board of Adjustment
Prepared March 25, 1988
Appeal of an administrative interpretation about whether a
single - family dwelling is a duplex.
14155 - 57th Avenue South
COMPREHENSIVE
PLAN DESIGNATION: Low Density Residential
ZONING DISTRICT: R- 1 -7.2, Single Family Residential
ATTACHMENTS:
(A)
(B)
(C)
(D)
Zoning Map
Upstairs Floor Plan
Downstairs Floor Plan
Appeal Letter
ac+tierr t
VICINITY /SITE INFORMATION
See Zoning Map.
BACKGROUND
DISCUSSION
NM
FINDINGS
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STAFF REPORT to the 88 -1 -APP: Paul K. Haggard
Board of Adjustment Page 2
The Planning Department received a complaint on September 29, 1987 that the
structure located at 14155 - 57th Avenue South was being used as a duplex. A
site inspection and discussion with the tenant in the bottom section of the
structure revealed that the top and bottom floors of the house were separated
with no internal access between them. Each floor had its own entrance, kitchen
and bath. Individual families occupied each floor.
On October 6, 1987, the City requested the applicant, owner of the property,
to reinstall the stairs and remove the stove and refrigerator from the second
kitchen. On February 29, 1988, the owner appealed the staff decision that this
structure was a duplex.
Applicable Regulations
1. Permitted Uses (TMC 18.12.030)
In the R -1 districts, one single- family dwelling per lot is allowed.
2. Definitions (TMC 18.06)
A "single - family dwelling" per the definition section of the Zoning Code
(TMC 18.06.240) is a detached residential dwelling unit other than a mobile
home, designed for and occupied by one family only.
A "family" per TMC 18.06.270 means one person or two or more legally related
persons living together or not more than five unrelated persons living
together as a single, non - profit housekeeping unit, provided that there
shall not be more than three unrelated persons living together with legally
related persons as a single housekeeping unit.
A "dwelling unit" per TMC 18.06.25 is a building or portion thereof provid-
ing complete housekeeping facilities for one family physically separated
from any other dwelling units, which may be in the same structure.
A "multi - family dwelling" means a building designed to house two or more
families living independently of each other.
3. Paul K. Haggard is the applicant and owner of the lot and structure.
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STAFF REPORT to the 88 -1 -APP: Paul K. Haggard
Board of Adjustment Page 3
4. A married couple occupy the upper unit and an unrelated married couple and
their son occupy the lower unit.
5. A building permit was issued in 1969 for a single - family dwelling with a
living room, dining room, master bedroom, kitchen on the upper floor with a
stairway down into a recreation room, bedroom and bath on the lower floor.
(See Attachments B and C.)
6. Since issuance of the permit to construct, the stairway was removed and
replaced with upstairs and downstairs closets, and a kitchen installed
downstairs.
7. Planning staff, in its investigation of the complaint, made the interpre-
tation that the structure is not a single family dwelling unit but is a
multi - family dwelling.
1. The existing structure no longer complies with the definition of a single-
family dwelling unit. The structure does meet the definition of a multi-
family dwelling.
2. Planning staff did not err in this interpretation.
The Planning staff recommends the Board of Adjustment deny the appeal.
(22/88 -1 -APP)
CONCLUSIONS
RECOMMENDATIONS
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ATTACHMENT C
14000 Interurban Avenue So. PIU
P.O. Box 68577
Tukwila, WA 98168 (Seattle)
Phone: (206) 244-8600
Telex 32-0127
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Attention: Board of Adjustments
K &lice 1951
aooaiin CO.
BOMPARCOER
February 23, 1988
Sinc
(Alaska Branch)
625 W. 54th Avenue
Anchorage, AK 99502
Phone: (907) 272-1444
__FEL; 2 8 1, \
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PLANNING i� EPT-
Dear Board:
I look forward and sincerely appreciate the opportunity to
discuss a problem that I`ve been forced to face. I am convinced
Tukwila will be called upon to face this same situation more
and more simply due to our community as well as the world's
rapidly increasing number of retired living parents and grand-
parents.
The Planning Department has been very understanding and co-
operative in trying to work out a solution to my problem that
centers around the Zoning Code, Section 18.96.100. As it now
stands this legally prevents two kitchen facilities under one
roof and thereby the independence and privacy a person wants
and deserves in their retirement years.
I have been a property owner in Tukwila since 1958 (30 years)
and operated three soley owned corporate businesses. I've
always found the City of Tukwila progressive, fair and a very
desireable place. I'm also proud of owning the only two log
homes in Tukwila. The first was built as a display home for our
log home business in 1968 and the other for our Mother in 1981;
the latter one is causing small problem.
I will look forward to meeting with you and preferrably in
May.
yours,,
Paul K. Haggard
PARTS SERVICE
13851 17th Ave. S.W.
Seattle. Wash. 98166
Specializing in Equipment and Service to the Utilities, Contractors, Municipalities and Government Agencies
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Notice is hereby given that the City of Tukwila Board of Adjustment will conduct
a public hearing on April 7, 1988, at 7:00 p.m. in Conference Room #3 at Tukwila
City Hall, 6200 Southcenter Boulevard, to consider the following:
(21 /NTC.4 -7)
Case Number:
Applicant:
Request:
Location:
City of Tukwila
PLANNING DEPARTMENT
6200 Southcenter Boulevard
Tukwila, Washington 98188
(206) 433 -1849
City of Tukwila
PUBLIC HEARING NOTICE
88 -1 -APP - Paul Haggard Administrative Appeal
Paul Haggard
Appealing administrative interpretation about whether a
single family dwelling unit is a duplex.
14155 - 57th Avenue South
Persons wishing to comment on the above case may do so by written statement
or by appearing at the public hearing. Information on the above case may be
obtained at the Tukwila Planning Department. The City encourages you to notify
your neighbors and other persons you believe would be affected by the above
item.
Published: Valley Daily News - Sunday March 27, 1988
Distribution: Mayor, City Clerk, Property Owners /Applicants,
Adjacent Property Owners, File
site plan
. 0
DATE
FILE NUMBER
PROJECT NAME
ADDRESS
APPLICANT
CROSS REFERENCE
ACTION
2/8/88
88 -1 -BLA
• BUILDING NO. 447
18200 OLYMPIC AVENUE S.
SOUTHCENTER SOUTH INDUSTRIAL PARK •
ALFRED CROONQUIST ARCH.
88- 1- SMP /88 -1 -DR
EPIC -3 -88
3/24/88
88 -2 -BLA
HARDIN
5117/5119 S. 151ST STREET
SAME
NONE
6/6/88
88 -3 -BLA .
GENCOR
5900 SOUTHCENTER BOULEVARD
GENCOR
11801 N.E. 160TH ST.
BFLl EWF, WA awl
NONE
WITHDRAWN
9/21/88
88 -4 -BLA
NELSEN
S.E. CORNER OF OF 158TH /WEST VALLEY
HWY. INTERSECTION
HELEN NELSEN
NONE
10/31/88
88 -5 -BLA
FLEMING
LOT 6 & 15, BLOC 2, HILLMAN TRACTS
B/W 55 & 56TH AVENUE S.
.
GROUP 4
NONE
12/7/88
88 -6 -BLA
TUKWILA POND
TUKWILA POND
JOEL BENOLIEI,
88-.DR /EOic"
NONE
COMPLETE
1/27/89
12/28/88
88 -7 -BLA
SHAMROCK CENTER
NW k OF 134TH ST. /47TH AVENUE S.
INTERSECTION
PACIFIC DES. ASSOC.
i)
BOUNDARY LINE ADJUSTMENT 1988
1 4t44