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HomeMy WebLinkAboutPermit 87-02-APP - GRAVENDER - APPEAL87-02-APP 5632 SOUTH 149TH STREET GRAVENDER City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 CITY OF TUKWILA BOARD OF ADJUSTMENT MAY 7, 1987 Discussion ensued on the request. The meeting was called to order at 7:00 pm by Chairman Nesheim. Members present were: Mrs. Regel, Mr. Nesheim, Mr. Goe, Mrs. Hernandez and Mrs. Altmayer. Representing staff were Rick Beeler, Planning Director and Joanne Johnson. APPROVAL OF MINUTES MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION TO ACCEPT THE MINUTES OF THE MARCH 5, 1987 MEETING AS PRESENTED. MOTION WAS UNANIMOUSLY APPROVED. DIRECTORS REPORT Rick Beeler discussed the Hearing Examiner System which is under consideration by the City. Input is being requested from the Board. Discussion ensued on this issue. 87 -2 -APP Gravender APPEAL - Request to appeal a decision of the Planning staff for a business license for a Home Occupation. Mr. Beeler reviewed the application, recommending denial of the appeal based on the failure of this case to meet the Zoning Code criteria of a Home Occupation. Discussion ensued on the application. The applicant, Mr. Richard Gravender, 5632 S. 149th Street, discussed his art business and photography hobby in his home as well as proposed construction on his residence to accommodate this activity. He felt his request for a business such as this in his home should be allowed. ��.0 "wL�7ait+2 MejA , ir 4 4W:=4'i.'.- f; :i_!4: t;',' �'.e,:ca.5g l aAli:k'.h,A.4 . 7,xsse......w,...............cu, r..02a. MtK:n lvW6 +A! : hass At znSn:✓. tcrsru tme: Nox tv: mtn;+'.: n7cl*:=b`!?i:ZXX'"at >e'Lx', 4A i Board of Adjustment May 7, 1987 Page 2 r, • Mrs. Evelyn Sukert, 14909 57th Avenue South was opposed to a business activity such as this being conducted in a residential neighborhood. Mr. W. S. Erickson, 14918 57th Avenue South also expressed opposition to this business activity in his neighborhood. Mr. Bob Sukert, 14918 57th Avenue South concurred with comments made in opposition. The public hearing was closed and a 10 minute recess was called. The meeting resumed at 8:21 pm. Discussion ensued on the request. A 10- minute recess was called and the meeting subsequently reconvened at 9:50 pm. MRS. HERNANDEZ MOVED AND MRS. REGAL SECONDED A MOTION TO UPHOLD THE STAFF'S DECISION AND DENY THE APPEAL OF ADMINISTRATIVE INTERPRETATION BASED ON TMC 18.06.360(1) DENYING A HOME OCCUPATION BUSINESS LICENSE FOR AN ART STUDIO AND A PROPOSED ADDITION TO A HOUSE. THE MOTION PASSED UNANIMOUSLY. ADJOURNMENT The meeting was adjourned at 10:20 pm. Resectfull submitted, Joanne Johnson, Secretary } • Application for City Business License 1987 BUSINESS NAME C�gA PE J Z � ttic g pea LOCAL MAILING 5432 SO ' ey9 SIVEGT ADDRESS WkWLLM I (A• • g$ f Gg BUSINESS PHONE UA is v&)es nfiS TIME • City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1800 CORPORATE PHONE a u , A • LOCAL MANAGER (include name and home phoneL HOME OCCUPATION DI c44 gr&svev Deft/ Z yG•re 241 YES (Lor ) DESCRIPTION OF BUSINESS (GIVE DETAILS, INCLUDE RETAIL, WHOLESALE, ETC.) A OVE 211 t l-re. Aral% LOI tin I•E S/► be dl 12•C7)44- • INDICATE OWNERSHIP STATUS INDIVIDUAL( tor ( ) CORPORATION ( ) NON - PROFIT i ) LIST OWNERS, PARTNERS OR OFFICER TITLE RESIDENCE ADDRESS CITY /STATE /ZIP PHONE g(61- IAVL.l) A>*2A4 C- tRAVE/UM-0_ 061.045 $x/032 1, • lifq 57. 7 LLA £l.N/ ?V e• 93%8 jd Z'/ TOTAL FULL TIME EMPLOYEES AT TUKWILA LOCATION, INCLUDING MANAGEMENT CORPORATE ADDRESS W0 r • NUMBER IN EACH TYPE OF EMPLOYMENT RETAIL (_ WHOLESALE OFFICE (s& 't t pevrsc)u DO YOU HAVE PART TIME EMPLOYEES? YES ( ) NO (1.4 HOW MANY? e57• t S+ of &tM4(4 AMUSEMENT DEVICES ON PREMISES? ORIGINAL OPENING DATE OF BUSINESS 1985 BUSINESS LICENSE NUMBER YES ( ) NO (L.)✓KIUMBER DO YOU USE /STORE /DISCHARGE FLAMMABLE OR HAZARDOUS MATERIALS? YES( ) NO( IF YES, STATE TYPE AND QUANTITY LICENSE FEE. BASED ON 1/ ? NUMB OF EMPLOYEES /Z12' ' • MANUFACTURING WAREHOUSING OFFICE USE ONLY p� 1. BUILDING 2 PLANNING 3. POLICE 4 FIRE DATE ISSUED LICENSE NUMBER OTHER IN EMERGENCY NOTIFY 1 . jj Vr JC9 c RAVE 44191r ,. • ' Zq/ - 3L 33 2 . k1J'Z' & b W NE 6 2i1veN — Sqv- Tiro (1v- 5,$50.00 ( ) 6 100, $100.00 d ) WASHINGTON STATE SALES TAX NO. at 9 6 1 9 I CERTIFY THE ABOVE INFORMATION IS CORRECT DATE 5 CHECK NO. •`I o9' (Please fill in all blanks.) REC. NO. G 1/4 j CASH SIGNED BY OFFICE/TITLE C:Pailtib"'rA- APPLICATION DATE 4 tiAte Renewal License New License SIZE OF FLOOR SPACE USED SQ. FT kcnTt' - 0/43 53 ( 100 & ABOVE. $200.00 97 PHONE .G/ ZONING DISTRICT: R -1 -9.6 SEPA DETERMINATION: N/A ATTACHMENTS: City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 HEARING DATE: May 7, 1987 FILE NUMBER: 87 -2 -APP APPLICANT: Richard Gravender COMPREHENSIVE PLAN DESIGNATION: Residential STAFF REPORT to the Board of Adjustment Prepared April 30, 1987 REQUEST: Appeal of an administrative interpretation denying a Home Occupation Business License for an art studio in a proposed addition to a house. LOCATION: 5632 South 149th Street (A) Letter from Richard Gravender (B) Letter from Planning Director (C) Original Proposal from Richard Gravender (D) Second Proposal from Richard Gravender L BOARD OF ADJUSTMENT Staff Report BACKGROUND DECISION CRITERIA FINDINGS 87 -29 -APP: Gravender Page 2 VICINITY /SITE INFORMATION 1. Existing Development: The existing home is approximately 2,000 square feet. 2. Surrounding Land Use: The site is surrounded by single - family residences. The applicant seeks to relocate his existing art studio from Kent to Tukwila and operate it as a home occupation. The relocated business will be placed in an addition which he is expressly creating in his residence for the office use. The application for a home occupation was denied, because it violates Zoning Code requirements (Attachments A and B). His initial application was for a 532- square foot addition to his 1932 - square foot house (Attachment C). This is an increase of nearly one -third of the existing structure area. He subsequently proposed a 490 - square foot addition, representing an increase of 25% of the existing structure (Attachment D). The key issue is whether or not the applicant actually meets the definition of a home occupation. Since he is relocating an existing business to a residence, is the office use customarily incidental to the dwelling place, or is the residen- tial use incidental to the office activity? If the applicant is found to meet the home occupation definition, he must meet the specific criteria established for home occupations. The applicable Tukwila Municipal Code (TMC) criteria are provided in bold, followed by pertinent findings of fact. TMC 18.06.360 - Home Occupation Definition "Home occupation" means an occupation or profession which is customarily incidental to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place. Relocating the existing Kent office to this large, expressly- created new office space is very questionably an "occupation...customarily incident to or carried on in a dwelling place and not one in which the use of the premises is largely incidental to the occupation carried on..." It is not the intent of the code to create office uses in residential zones. Moving the business from an office to a residence is not consistent with past interpretation of a permitted home occupation. BOARD OF ADJUSTMENT 87 -29 -APP: Gravender Staff Report Page 3 TMC 18.06.360(1) - There shall be no change in the outside appearance of the building or premises. The office addition clearly changes the building's appearance by projecting a 490 - square foot addition visible from the north, west and east. Only a small portion is visible from the south (street) side. Past interpretation is not to allow additions to homes to accommodate business uses. TMC 18.06.360(2) - No home occupation shall be conducted in any accessory building. No accessory buildings are proposed as part of the home occupation business. TMC 18.06.360(3) - Traffic generated by such home occupations shall not create a nuisance. The applicant stated that most of his business is done by a telephone or mail service, with very few trips to the office. Past policy is to permit home occupations which have no clients coming to the home. TMC 18.06.360(4) - No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or elec- trical interference detectable to the normal senses off the lot. The applicant's business consists of graphics and photography which typically does not create a nuisance to surrounding uses. Fumes from the proposed photo- graphy dark room could possibly be noticeable to adjacent properties. CONCLUSIONS 1. The applicant is substantially changing the use of his home by relocating his existing office to an expressly- created addition. 2. The applicant is creating an office use in a residential zone. 3. The relocated use is not customarily incidental to or carried on in a dwelling place. 4. The new addition to the dwelling is largely incidental to the occupation carried on therein. 5. The office addition will significantly alter the appearance of the struc- ture. 6. The office will have some clients coming to the residence, and potential nuisance could occur from the darkroom operation. 7. The applicant does not meet the definition for a "home occupation ". BOARD OF ADJUSTMENT Staff Report 8. If the proposed use were to be considered a home occupation, the home occupation does not meet Criterion #1 and therefore cannot be approved. (22/87 -2 -APP) RECOMMENDATIONS 87 -29 -APP: Gravender Page 4 Based on the above Findings and Conclusions, the staff recommends that the Board of Adjustment deny the appeal. City of Tukwila 6200 Southcenter Blvd. Tukwila Board of Adjustments Re: Building Permit Application Denial for Residence Office Space Addition at 5632 S. 149th Street. Rational: According to the letter of the Law, I am in violation of TMC. 18.06.360. However, it is not, I believe, in the spirit of the Law. This addition could have been made, without stating it was going to be a studio /office, merely by saying that we were adding a game room/ hobby area. The Planning Director and Assistant would only allow a 350 sq. ft. addition for a studio /office. I am suggesting a compromise area of 490 sq. ft., which translates into one room 18 x 25 ft., and a smaller 5 x 8 ft. adjacent area. Thus we have an addition that although larger, still comprises an area closer to one fourth, rather than one thir• of the existing dwelling 1932 sq. ft., as state by the Planning Director. Further, the use of the "expressly created office addition" could very easily be converted to a nice game room /hobby area. Certainly a desirable feature, especially when coupled with the other improvements - a 13 x 13 ft. solarium breakfast nook and enlarged laundry area This addition would be located at the rear of the house and not seen from the street. Being an art studio with few if any clients coming or going, it would definitly be a low impact type of business. Thank you for your consideration. Dick Gravender 4T A April 7, 1987 �JI i YiF& FL' tY 65111.76:Ksr.s.uan•.oxtuwwnsore Master bedroom Master vanity Master closet Master bath 2nd bedroom 3rd bedroom loft or 4th bedroom 2nd bath hall Living room Dining room closet Family room Kitchen Laundry Upper landing Stairs (lower) Foyer Z Bath - lower Hall closet Excluding Double Garage 14 x 14 6 x 11 5x8 5x8 13 x 11 13 x 11 13 x 11 5 x 11 3.6 x 17 15 x 14 11 x 11 9x4 14 x 20+ 12 x 12 8x5 3x5 4x6 8x8 5.6 x 5 3.6 x 3.9 3 x 2.5 342 sq. ft. 142 sq. 142 " 142 55 69 210 121 36 21 301 144 40 15 24 64 28 14 6 II It II II ft. 11 I I I I II I I I I 11 I I I I II I I II I I 1932 sq. ft. 20 x 20 = 400 sq. ft. Mr. Richard Gravender 5632 South 149th Street Tukwila, WA 98168 Dear Mr. Gravender: LRB /sjn attachment City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433.1800 Gary L. VanDusen, Mayor April 1, 1987 �T'f/t�F�MENT B The City of Tukwila is denying your application for a business license as a home occupation. Our denial is based on Tukwila Municipal Code (TMC) 18.06.360 - Home Occupation (copy attached) for the following reasons: 1. Your building permit application, sought for a 532 - square -foot office addi- tion to your residence, is in violation of TMC 18.06.361(1) which states that "there shall be no change in the outside appearance of the building or premises." The expressly- created office addition clearly changes the build- ing's appearance. 2. At 532 square feet, the proposed office addition comprises nearly one -third of your existing dwelling area. Relocating your existing Kent office to this large, expressly- created space raises serious questions whether the "occupation is customarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on..." If you desire, you may appeal this decision to the Tukwila Board of Adjustment. The Board's next meeting will be on May 7 at 7:00 p.m. in Conference Room #3 at Tukwila City Hall. If you wish to be on the agenda, please submit: 1) a letter stating what you are appealing; 2) your rationale; and 3) any other supporting materials which you feel will clarify your case. All material must be submitted no later than close of business on April 7, 1987, to be considered on the May agenda. If you have further questions regarding this matter, please give me a call at 433 -1846. 18.06.350 -- 18.06.405 18.06.350 High impact environment. "High impact environ- ment" means the area between one hundred and two hundred feet from the shoreline having the least environmentally protective land use regulations. (Ord. 1247 §1(part), 1982). 18.06.360 Home occupation. "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which octralnrrtamtma217da7on by a member of the family residing within the dwelling place; provided, that: , - (1) There shall be no change in. the outside appearance of the building or premises; (2) No home occupation shall be conducted in any acces- sory building; (3) Traffic generated by such home occupations shall not create a nuisance; and (4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot. (Ord. 1247 §1(part), 1982). 18.06.370 Hospital. "Hospital" means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 1247 §l(part), 1982). 18.06.380 Hotel. ' "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institu- tions housing persons under legal restraint or requiring medical attention or care. (Ord. 1247 §1(part), 1982). 18.06.390 Junkyard. "Junkyard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 1247 Sl(part), 1982). 18.06.400 Kennel. "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. (Ord. 1247 §l(part), 1982). 18.06.405 Laboratory, medical and dental. "Medical or dental laboratory" means premises devoted to product development in any branch of medicine or dentistry, 239 (Tukwila 8/82) "SITIZIZZIMPCSVO16211121C22121" ..•irc;oa @dsodooct Ion iiRizio) WC1RIVIO5 J3 VMS ItUrtlivivOismazi 7tiaarsaAvas) hmeseaszair$nriet=fittastr =searralwitiva ti ( fractraisztullgC. mi•Wors..-.7—TrIfIl04414/ralMieW%Ir . a i l p•veit Mi r l ogYftimi l mffumufm/ IIII•i•Iffla iff I Ar.:1•Au •outimIlimorr Isiimmorm 4114•••••■•••• wrisinfil• mg XIF OW I 1VSIMMININIMIVAL•fala iffms/I111 UNIIIM2=11•01.145 =1 riln limfalif waif, .41, amer a .0 .. •■•■••••• .t.=.1m r i lf.;•■••••••••;v4.144 -- ■■•••••■••.....••••■••••• , 0 '•••••SII-A".. 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T.0 Cwfola $»t. _ %.: �.,.+•••, • Vrelt> A.L to.t•I rgl:.rr DYf.R.V4 = ; +''�' •. • Au 1.1,m.: o dE rcwl[D tikVaL i . • fav .sn .9drr Kava.graw / Z evX .. 7. • • r • Fov.1C C...nr,a.a taro I1.cvwG •i wtOKMl: ^ to • c.' Au rruo Nn'cs o>r+ O••v elor.a • '. ' ! ▪ /41..(. Pet M. 1. • • G.h ro Ee ro.n/MP "yaw .QfYnrrwQ • I!♦ 1 1. 4 .0.. 1 4 AFf* IDrRLIOV as &LOMr rjal•}, ; • • Iwr1.v4>v/ POE. cane. •••• • Qr•~ti I CJ CLEMENTS f Sa, Cas GRCVENCCR ADDITION n� ?. are Sr' - •Zrvuanr uw+n W Val" [LVIAMON. —L Ipmrwr a north - cRRAVENDER RESIDING wmv STUDIO f'SD1.ARtUM AMMOIJT_ CcoNpRommE PAP - IBxzst13x13 -- hwum.vsrmnl 6 Mantle? rm. - : wry+ • I TULt :PA • •GDO=Cen PEK Pius — ! EXIsT.5PAM. soup __— I?Ncw Avo1T1a.05- 0P t,x t3 . IIREAKFArt Myer M Pfl W City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor CITY OF TUKWILA Notice of Public Hearing of the Tukwila Board of Adjustment NOTICE IS HEREBY GIVEN that the Tukwila Board of Adjustment has fixed the 7th day of May, 1987, at 7:30 p.m., in Council Room No. 3 of Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, as the time and place for: Public Hearing 87 -1 -UI: Richard Gravender - Appealing denial of a home occupation permit to relocate his existing business into a proposed addition to his residence at 5632 South 149th Street. Any and all interested persons are invited to attend. Published: Valley Daily News - April 26, 1987 Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property Owners, File Mr. Richard Gravender 5632 South 149th Street Tukwila, WA 98168 Dear Mr. Gravender: LRB /sjn attachment City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L VanDusen, Mayor .: �,.c a.)r_Lrs .. ........... iJ ;m^ cF'AiZi .. { »..i " ,..75`SciPa,tgf . April 1, 1987 The City of Tukwila is denying your application for a business license as a home occupation. Our denial is based on Tukwila Municipal Code (TMC) 18.06.360 - Home Occupation (copy attached) for the following reasons: 1. Your building permit application, sought for a 532 - square -foot office addi- tion to your residence, is in violation of TMC 18.06.361(1) which states that "there shall be no change in the outside appearance of the building or premises." The expressly- created office addition clearly changes the build- ing's appearance. 2. At 532 square feet, the proposed office addition comprises nearly one -third of your existing dwelling area. Relocating your existing Kent office to this large, expressly- created space raises serious questions whether the "occupation is customarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on..." If you desire, you may appeal this decision to the Tukwila Board of Adjustment. The Board's next meeting will be on May 7 at 7:00 p.m. in Conference Room #3 at Tukwila City Hall. If you wish to be on the agenda, please submit: 1) a letter stating what you are appealing; 2) your rationale; and 3) any other supporting materials which you feel will clarify your case. All material must be submitted no later than close of business on April 7, 1987, to be considered on the May agenda. If you have further questions regarding this matter, please give me a call at 433 -1846. Sincerel Rick Beeler Planning Director f. 18.06.350 -- 18.06.405 18.06.350 High impact environment. "High impact environ- ment" means the area between one hundred and two hundred feet from the shoreline having the least environmentally protective land use regulations. (Ord. 1247 §1(part), 1982). 18.06.360 Home occupation. "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation i-s- -earrie"3 on by a member of the family residing within the dwelling place; provided, that: (1) There shall be no change in. the outside appearance of the building or premises; (2) No home occupation shall be conducted in any acces- sory building; (3) Traffic generated by such home occupations shall not create a nuisance; and (4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot. (Ord. 1247 §1(part), 1982). 18.06.370 Hospital. "Hospital" means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 1247 §1(part), 1982). 18.06.380 Hotel. ' "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institu- tions housing persons under legal restraint or requiring medical attention or care. (Ord. 1247 §1(part), 1982). 18.06.390 Junkyard. "Junkyard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 1247 §l(part), 1982). 18.06.400 Kennel. "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. (Ord. 1247 §1(part), 1982). 18.06.405 Laboratory, medical and dental. "Medical or dental laboratory" means premises devoted to product development in any branch of medicine or dentistry, 239 (Tukwila 8/82)