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HomeMy WebLinkAboutPermit 88-02-APP - SUYAMA - DUPLEX APPEAL88-02-app 88-2-APP 5617 south 149th street SUYAMA DUPLEX APPEAL SUYAMA DUPLEX APPEAL City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor • Discussion ensued on the appeal. CITY OF TUKWILA BOARD OF ADJUSTMENT JULY 7, 1988 The meeting was called to order at 7:03 pm by Chairman Nesheim. Members present were: Mr. Nesheim, Mr. Goe, Mr. Lockhart, Mrs. Altmayer, and Mrs. Regel. Representing staff were Rebecca Fox and Joanne Johnson. APPROVAL OF MINUTES MRS. REGAL MOVED AND MR. LOCKHART SECONDED A MOTION TO ACCEPT THE MINUTES OF THE JUNE 2, 1988 MEETING AS PRESENTED. MOTION WAS UNANIMOUSLY APPROVED. 88 -2 -APP SCOTT SUYAMA - Appeal of an administrative interpretation about whether a single - family dwelling is a duplex. Rebecca Fox, Associate Planner, reviewed the staff report, recommending denial of the appeal. She pointed out that as a result of a complaint received by the Planning Department, a site inspection was conducted and revealed that the upper and lower floors of the house were separated without internal access between them. Each floor had its on entrance, kitchen and bath. Individual families occupied each floor. She further explained that the City requested that the stairs be reinstalled connecting the upper and lower levels of the building and the stove and refrigerator from the second kitchen be removed. Scott Suyama, 1111 S. Atlantic Street #104, Seattle, WA 98134, owner of the subject property at 5617 S. 149th Street, stated that he felt it was not being used as a duplex and that the stove and refrigerator remain in place. Eddie L. Mar, 2929 S. Fontanelle, Seattle, WA 98108, felt that with a 10 member household, it would not be unusual to have more than one stove and refrigerator and therefore disagreed that the presence of a second stove and refrigerator constituted a duplex. He stated that the house is to be sold when the current lease is up. There was no further public testimony either for or against the appeal, therefore the public hearing was closed. Board of Adjustment July 7, 1988 Page 2 Mrs. Altmayer declined amending her motion. Joanne Johnson, Secretary MRS. ALTMAYER MOVED AND MR. GOE SECONDED A MOTION TO UPHOLD THE APPEAL AND FIND IN FAVOR OF THE APPLICANT, STRONGLY SUGGESTING THAT THE STAFF USE OTHER AVENUES OF ENFORCEMENT OTHER THAN THE REMOVAL OF THE STOVE AND REFRIGERATOR. MOTION WAS DEFEATED BY A VOTE OF TWO TO THREE WITH ALTMAYER AND REGAL VOTING IN FAVOR OF THE MOTION AND GOE, NESHEIM AND LOCKHART VOTING NO. Mr. Goe favored amending the above motion giving staff specific direction as to the approach to use in enforcing the code in the illegal use of this single family residence as a duplex. MRS. ALTMAYER MOVED AND MRS. REGAL SECONDED A MOTION TO UPHOLD THE APPEAL WITH NO FURTHER EXPLANATION TO BE GIVEN. MOTION CARRIED WITH ALTMAYER, REGAL, GOE, AND NESHEIM VOTING IN FAVOR OF THE MOTION AND MR. LOCKHART VOTING NO. DIRECTOR'S REPORT Ms. Fox briefly reviewed the progress of the annexations submitted to the City. ADJOURNMENT The meeting was adjourned at 9:50 pm. Respectfully submitted, HEARING DATE: FILE NUMBER: APPELLANT: REQUEST: LOCATION: ATTACHMENTS: City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 July 7, 1988 88 -2 -APP Scott Suyama STAFF REPORT to the Board of Adjustment Prepared June 27, 1988 .. �......... �..... .++wuw.e..ww.`NZm•n....w.+atnr� • tAVn�rnJVlh ✓M.Cft1+.N?tbllel7n�SB�l' Appeal of an administrative interpretation about whether a single - family dwelling is a duplex. 5617 South 149th Street COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DISTRICT: R- 1 -7.2, Single Family Residential (A) (B) (C) (D) Vicinity Map Appeal Letter Upstairs Floor Plan Downstairs Floor Plan inutawrent s.wwv�crn*.rr• STAFF REPORT to the 88 -2 -APP: Scott Suyama Board of Adjustment Page 2 VICINITY /SITE INFORMATION The subject property is located in a single - family zone and is surrounded by single - family dwelling units (Attachment A). BACKGROUND The Planning Department received a complaint on March 22, 1988, that the struc- ture located at 5617 South 149th Street was being used as a duplex. A site inspection revealed that the upper and lower floors of the house were separated without internal access between them. Each floor had its own entrance, kitchen and bath. Individual families occupied each floor. FINDINGS On May 13, 1988 the City requested that the appellants /owners reinstall the stairs and remove the stove and refrigerator from the second kitchen. In a letter dated May 21, 1988 the owners indicated that they would replace the stairs that had joined the upper and lower floors, and replace internal access by July 6, 1988. Also in that letter, Mr. Suyama filed an appeal to the Board of Adjustment requesting to leave the second kitchen facility (i.e., stove and refrigerator) in place (Attachment B). DISCUSSION 1. Applicable Regulations a. Permitted Uses (TMC 18.12.030) In the R -1 districts, one single - family dwelling per lot is allowed. b. 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 to- gether with legally related persons as a single housekeeping unit. A "dwelling unit" per TMC 18.06.250 is a building or portion thereof providing complete housekeeping facilities for one family physically separated from any other dwelling units, which may be in the same structure. A "multi- family dwelling ", per TMC 18.06.230, means a building designed to house two or more families living independently of each other. STAFF REPORT to the Board of Adjustment 88 -2 -APP: Scott Suyama Page 3 2. Scott Suyama and Ed Mar are the owners of the lot and structure. Scott Suyama is the applicant. 3. The house was built in 1955. It is shown in the King County Assessor's records as a one - story, single - family dwelling. There is no indication of change of use to duplex. 4. The area was zoned single - family in 1957. The property was noted as a duplex in the 1960 census. 5. Three unrelated individuals currently occupy one of the units. The other unit is currently vacant. The owners state that they intend to sell the property once the current lease term expires. 6. The configuration of the floor plan clearly shows that even with the re- placement of internal circulation, each floor could still be used as an individual dwelling unit given its separate entry, bath and kitchen (Attach- ments C, D). 7. This situation differs from the Haggard duplex appeal (88 -1 -APP) heard by the BOA is April 1988, because Mr. Suyama has agreed to replace internal access. It is similar to the Haggard case in that - with an exterior entry- way, bath and kitchen each floor could still readily be used as a separate unit. 8. The intent of the code is to restrict duplexes in single - family zoned areas, and to keep these areas exclusively for single - family uses. (22/88 -2 -APP) CONCLUSIONS 1. Despite replacement of the internal stairway, the existing structure does not meet the definition of a single - family dwelling unit since it still permits separate housekeeping facilities, including separate entryway, bath and kitchen. The structure does meet the definition of a multi - family dwelling. 2. Planning staff did not err in this interpretation. RECOMMENDATIONS The Planning staff recommends the Board of Adjustment deny the appeal. SITE 19 AWN 5 4 e ls ,J'OLITLeT 57) 3 or c iVa Cti 1 1 4-, mg ATTACHMENT A VICINITY MAP 21 14-951 r 64 01 2 I 144 6 ,41 S 1 IA 2S tin 111 C1. /47TH 5' 721 I 5711 28 -ST ( NATIAN ST) ^1 8I01 8484 AI 1 l it 47 oft t r ow•■•••" CEA Mr. Vernon M. Umetsu Associate Planner Planning Dept :. 6200 Southeaster Boulevard Tukwila, Washington 98188 Subject: Illegal Duplex at 5617 So. 149th Street In regards to your letter on May 13, 1988, Ed Mar and myself plan to conform with Tukwila's Zoning Code. We will provide internal access to all living areas by replacing the stairs that had joined the top and bottom floors. We will complete all work in time for City Inspection by July 6, 1988. Since our last discussion, one of the tenants has moved out. What remains now is three individuals, one household who all know one another. Therefore, we would like to appeal to the Board of Adjustments regarding the removal of the stove and the refrigerator. Our intent is not to rent to two separate households, but to just leave what is already there. We plan to sell the house as soon as their lease is up. 4 ATTACHMENT B APPEAL LETTER May 21, 1988 Sincerely; Scott Suyam • • vfl cc ATTACHMENT C UPSTAIRS FLOOR PLAN ■ T ATTACHMENT D DOWNSTAIRS FLOOR PLAN %.1 o 00 ,,,•. , r t A 133 OE; tid (21 /NTC.7 -7) Location: City of Tukwila Case Number: Applicant: Request: PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 City of Tukwila PUBLIC HEARING NOTICE Notice is hereby given that the City of Tukwila Board of Adjustment will conduct a public hearing on July 7, 1988, at 7:00 p.m. in Conference Room #3 at Tukwila City Hall, 6200 Southcenter Boulevard, to consider the following: 88 -2 -APP Scott Suyama Appeal of an administrative interpretation about whether a single - family dwelling is a duplex. 5617 South 149th Street, Tukwila 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 June 26, 1988 Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property Owners, File City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 CITY OF TUKWILA BOARD OF ADJUSTMENT JUNE 2, 1988 The meeting was called to order at 7:03 pm by Chairman Nesheim. Members present were: Mr. Nesheim, Mr. Goe, Mr. Lockhart, Mrs. Altmayer, and Mrs. Regel. Representing staff were Moira Bradshaw and Joanne Johnson. APPROVAL OF MINUTES MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION TO ACCEPT THE MINUTES OF THE MARCH 3, 1988 AND APRIL 7, 1988 MEETING AS PRESENTED. MOTION WAS UNANIMOUSLY APPROVED. 88 -2 -V GENCOR - Request for 15 -foot front yard variance. Moira Bradshaw, Associate Planner, reviewed the staff report which was entered into the record as Exhibit A. The staff report recommended denial, based on the applicant failing to satisfy all of the criterion in TMC 18.72.020. She pointed out the proposal on a site map of the project. Leon Grundstein, 11801 N.E. 160th Street, Bothell, WA 98004 represented GENCOR, the developer of the project. He explained that the topography and the layout of the buildings place constraints on parking and therefore is requesting a variance. No one spoke in opposition to the proposal and the meeting continued. A short recess was called and the meeting resumed at 8:00 p.m. Discussion ensued on the proposal. The public hearing was closed. BOARD OF ADJUSTMENT June 2,1988 Page 2 CRITERIA #1: MRS. ALTMAYER MOVED THAT CRITERIA #1 HAS NOT BEEN MET. MRS. REGEL SECONDED THE MOTION WHICH WAS UNANIMOUSLY CARRIED. CRITERIA #2 MR. GOE MOVED THAT BASED ON THE STAFF REPORT AND THE TESTIMONY OF THE APPLICANT, THEREFORE, CRITERIA #2 HAS NOT BEEN MET. MRS. ALTMAYER SECONDED THE MOTION WHICH UNANIMOUSLY CARRIED. CRITERIA #3 MR. LOCKHART MOVED THAT CRITERIA #3 HAS NOT BEEN MET, BASED ON THE STAFF REPORT AND THE APPLICANT'S RESPONSE. MRS. REGEL SECONDED THE MOTION WHICH PASSED WITH LOCKHART, REGEL, GOE AND NESHEIM VOTING YES. MRS. ALTMAYER VOTED NO. CRITERIA #4 MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT CRITERIA #4 HAS NOT BEEN MET, BASED ON THE STAFF REPORT AND THE TESTIMONY OF THE APPLICANT. THE MOTION PASSED WITH LOCKHART, REGEL, GOE AND NESHEIM VOTING YES. MRS. ALTMAYER VOTED NO. CRITERIA #5 MRS. ALTMAYER STATED THAT BASED ON THE STAFF REPORT AND THE DISCUSSIONS OF THIS HEARING, SHE MOVED THAT CRITERIA #5 HAS NOT BEEN MET. MRS. REGEL SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. MRS. ALTMAYER MOVED THAT IN CONSIDERATION OF THE BOARDS DECISION THAT CRITERIA #1 THROUGH #5 HAVE NOT BEEN MET, THAT THE VARIANCE BE DENIED. MR. GOE SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. DIRECTOR'S REPORT Moira Bradshaw advised the Board of the status of the annexations. ADJOURNMENT The meeting was adjourned at 8:36 pm. Respectfully submitted, Joanne Johnson, Secretary City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 Mr. Scott Suyama 1111 S. Atlantic Street, #104 Seattle, Washington 98134 Subject: BOARD OF ADJUSTMENT APPEAL OF ILLEGAL DUPLEX AT 5617 SOUTH 149TH STREET Dear Mr. Suyama: RF /sjn cc: Edward Mar cc. Mayor �.1 May 26, 1988 Per your request to Vernon Umetsu, we have scheduled the appeal of the removal of the stove and refrigerator for the illegal duplex at 5617 South 149th Street. The Board of Adjustment w i l l hear your case at 7:00 p.m. on July 7, 1988 in Conference Room #3 at Tukwila City Hall. Please be prepared to represent your concerns to the Board at that time. In order to process your application, we will need the following information no later than Thursday, June 9, 1988: 1. Mailing labels with names and addresses of all property owners within a 300 -foot radium of 56127 South 149th Street. 2. An accurate floor plan of the dwelling. Please label on the plan all rooms and entrances, and show the internal access to all living areas and the location of the stove and refrigerator in question. Names and address labels of adjacent property owners can be ordered from the King County Finance Department at 344 -4184. For your information, I have included written material describing public notice address label requirements. Please feel free to contact me at 433 -1845 if you have any questions, or wish to discuss this matter further. Sincerely, Rebecca Fox Associate Planner PUBLIC NOTICE ADDRESS LABEL REQUIREMENTS Notification of persons of certain types of pending applications is required in order to encourage citizen participation in the land use process. The applicant is required to submit self - adhesive labels which show: 1. The name and address of all owners of property lying within 300 feet of the boundaries of the property for which a permit is sought. 2. The address of all residents of property within 300 feet of the boundaries of property. Property owner labels must be obtained from the King County Office of Finance located on the 6th floor of the King County Administration Building, 500 Fourth Avenue, Seattle. To obtain the labels: 1. Obtain the assessor's map(s), which contains the subject property and prop- erty within 300 feet. (See below.) You may use the maps on file in the Assessor's Office or they can be purchased from the King County Department of Public Works Map Counter on the 9th floor of the Administration Building. It is suggested that assessor's maps be ordered several hours in advance of the time you would like to pick them up. (29 /ADDR.LABEL) 2. Then, obtain a computer batch order form from the Office of Finance, list on the batch order form the property tax account numbers shown on the assessor's map(s) and submit the batch order form to the Office of Finance together with the required fee. Assistance with the tax account numbers may be obtained through the Assessor's Office or the City of Tukwila Planning Department. Be sure to indicate that you would like address labels. A computer list alone is not acceptable. Address labels can take up to three days to be printed. Resident labels are prepared by the applicant. They must be submitted on 8i" X 11" sheet of self-adhesive labels. The labels may be addressed to resi- dent or tenant, with the proper mailing address. 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 f-o\P 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 Nor a Booher Secretary 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, APPL CA ON DATE FILE NUMBER PROJECT NAME ADDRESS APPLICANT FILE 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 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. BF►LEvUF, WA 98011 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 BENOLIEL/ 88--DR EPtc ,-28-8E1 12/28/88 88 -7 -BLA SHAMROCK CENTER NW 4 OF 134TH ST. /47TH AVENUE S. INTERSECTION PACIFIC DES. ASSOC. NONE COMPLETE 1/27/89 BOUNDARY LINE ADJUSTMENT 1988