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Home My WebLink AboutPermit 87-03-APP - WHITNEY - APPEAL87-03-app 87-3-APP 14110 55th avenue south whitney appeal 71} iK( v'. l: �Y-0 1t�i' seLi. �'G(+i�%:+�.'eC4nPR�4:wcYr!h�a .�iv:i�+ Dear Sirs: Si nc ely, City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 December 4, 1987 King County Assessors Office King County Courthouse Fourth and James Streets Seattle, wa 98104 Recently a shed located at 14110 55th Avenue South was removed from the property without issuance of a building permit. Please consider this official notice so you may change your records accordingly. The assessor account number is #336590 - 0145 -00. If you should have any questions, please feel free to contact me at 433 -1851. uane riffin, Building Official cc: Mr. and Mrs. Whitney / / 1!1 g ‘t, 1L. i r X t A M1le4T • 8 ,r0 rn 11-3-4.1 ;1 svpi • F 3- APP mF 15.-/-3-0\PP ° TOWN a COUNTRY STEEL BUILDINGS DIVISION OF g • 1)1 (20111 /431(1115 SIM Highwisy ■ Lyn WA SONS P1. RMA Bill PLEASE SHOW: Property dimensions Septic and drainfield Existing buildings Sewer lines Proposed building Setbacks of proposed and existing building Job Name 714r.e.-.441,0 Address Tax # ///- 13e, 4 Quality: Our future depends on it.'TM SITE PLAN Main road with name Access to proposed building Lot size Elevation of property zj.x1t;hi../ 1 17 • 1 c:? 0 r 1 AP "if - I 7 11111111.111111111 - Ira `m•woollftioroP P•■••••1• 4 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary 1. VanDusan, Mayor NOTICE OF PUBLIC HEARING CITY OF TUKWILA BOARD OF ADJUSTMENT NOTICE IS HEREBY GIVEN that the Tukwila Board of Adjustment has fixed the 2nd day of July, 1987, at 7:00 p.m., in Conference Room No. 3 of Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, as the time and place for: PUBLIC HEARING 87 -3 -APP: Virginia and Maurice Whitney Appealing an administrative deter- mination regarding ceramics activities constituting a business rather than a hobby. Any and all interested persons are invited to attend. Published: Valley Daily News - June 21, 1987 Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property Owners, File ATTACHMENTS: SEPA DETERMINATION: N/A ZONING DISTRICT: R -1 -7.2 wn w City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 HEARING DATE: July 2, 1987 FILE NUMBER: 87 -3 -APP: Whitney APPLICANT: Maurice and Virginia Whitney LOCATION: 14110 - 55th Avenue South COMPREHENSIVE PLAN DESIGNATION: Single - Family Residential i.M IV STAFF REPORT to the Board of Adjustment Prepared June 24, 1987 REQUEST: Appeal of an administrative interpretation that ceramics activities constitute a business. (A) Letter from Planning Director (B) Letter from Virginia and Maurice Whitney (C) Letter from Planning Staff Lvlritkti7`45.13 R40f. CMYS IC+C/l t :9AR£13AVV,WOOlktV.t4M VI37.1 "ts:'. BOARD OF ADJUSTMENT Staff Report VICINITY /SITE INFORMATION BACKGROUND DECISION CRITERIA FINDINGS .'.'R::r..ti.��w.i..`iG,;�„7 N7A 1J'V.�rl..xuaa.. s...tar - . 87 -3 -APP: Whitney Page 2 1. Existing Development: The existing aluminu s ructure is 1670square feet, set back from the road it �'. feet. It is beige and tan in color with a large roll -up door in the center of the building. 2. Surrounding Land Use: The site is surrounded by single - family residences. The City is aware of four complaints from neighbors who are concerned that a ceramics business is or will be conducted at 14110 - 55th Avenue South. These complaints initiated the action regarded this property. The applicant seeks to continue storing ceramic molds and antique furniture, and pouring unfired ceramics molds on the premises. GUl'techi In 1986, Mr. Whitney obtained a building permit to build a -fie- square foot If q( aluminum storage building. The applicants currently live several blocks away, but have indicated that they intend to subdivide the property to construct a home there. The applicants have an ongoing agreement with the Tukwila Senior Center to furnish unfinished pottery ( "greenware ") for the Seniors' ceramics classes. The applicants provide the Center with over 75% of their unfinished ceramics objects. In exchange for the greenware, the applicants receive payment which more or less covers their costs depending on the type and size of the order. The Tukwila Senior Center is the applicants' only ongoing customer. The key issue is whether or not the applicants' ceramics activities constitute a hobby or a business. The staff has determined that the applicants' ceramics activities constitute a business due to: 60 - 3 0° h r • 1. Their scale; the applicant provides approximately 5 -25 items per month depending on the seniors' needs. 2. The ongoing nature of the relationship between the applicant and the Tukwila Senior Center. Although the applicants have no contract with the Senior Center, they provide over 75% of the greenware used there. 3. The fact that the applicants receive some reimbursement for their labor and materials. While the payment does not constitute a profit, it, in effect, subsidizes the activity. If the applicant's activities are found to constitute a business, rather than a hobby, the applicant must first meet the home occupation definition and obtain BOARD OF ADJUSTMENT Staff Report . � ...A':l'fP..iv;::ISYaWA %_"..+G +^WY'•K+. �'s'L(.�r. A: ?NJx�"s4.v',��1J.T: a home occupation license. No other business activity is allowed in a single- family zone. The applicable Zoning Code criterion is provided below in bold, followed by pertinent findings of fact. Zoning Code 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. The applicant's ceramics activities fail to meet the basic definition of home occupation as the activity is conducted in a special building built expressly for the activity. The occupants live several blocks away. It is not the intent of the code to create free-standing business uses in residential zones. Planning staff has determined that the building may be used for personal stor- age per the building permit, i.e., ceramics molds and antique furniture. No business - related items shall be stored on the premises. However, pouring the ceramics molds cannot occur at the building site. This activity could be relocated to the applicant's home. A home occupation license would then be required for the ceramic business. CONCLUSIONS 87 -3 -APP: Whitney Page 3 1. The ceramics activity constitutes a business rather than a hobby since it entails an ongoing relationship with the Tukwila Senior Center which involves some reimbursement (although no profit). 2. A home occupation is the only business activity allowed in a single - family zone. 3. The applicants do not meet the definition of home occupation since they do not live on the site. 4. The Whitneys' may continue to store ceramics molds and antiques in the building. They may not conduct pouring operations in the building. 5. The applicants could relocate their ceramics pouring activities to their residence and obtain a home occupation license. RECOMMENDATIONS Based on the above Findings and Conclusions, the staff recommends that the Board of Adjustment deny the appeal. Dear Mr. and Mrs. Whitney: LRB /sjn enclosure City of Tukwila Mr. and Mrs. Maurice Whitney 14419 - 59th Avenue South Tukwila, WA 98168 PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 May 20, 1987 ATTACHMENT A Based on the information which you have provided to us, we have made two determinations, as follows: 1. In light of the large scale of your ceramics activities, and the on -going sales of ceramics to the Tukwila Senior Center, we feel that your acti- vities constitute a business rather than a hobby. Businesses, other than home occupations, are not permitted in single - family zones. Therefore, we have determined that you must cease operations by June 5, 1987, until your ceramics activities qualify as a home occupation. Tukwila's home occupation regulations are enclosed for your review. 2. Your building permit, issued for a storage building, allows only storage - type activities, and does not include use as a garage. The building's door design, however, raises concerns that the building could be used as a garage. If you plan to use the building as a garage, its size must be reduced to no greater than the 1,000 square feet allowed in the Tukwila Municipal Code (section 18.12.040). One possible means to accomplish this might be to subdivide the building to include both a storage area and garage use. A building permit would be needed for this activity. If you wish to appeal one or both of these determinations you may petition the Board of Adjustment to request review of the decision. You must submit the petition with the Planning Department within ten days of the interpretation. You should state in writing: 1) why you wish to appeal the interpretation; 2) which interpretation you are seeking; and 3) the reasons why you feel the Board of Adjustment should support your appeal. Please call Rebecca Fox at 433 -1848 between 8:30 a.m. and 12:30 p.m. if you have further questions. Planning Director �.: . ,, R.: ,c• a.._ - tVA, - sr ffWI+,:'rVAIN'YZ:r r. AT, s t'.srtT.0 msw:auxa:,a1M ;nuamaw I=VAnn„ra z.170w. rnctrn ;i':,d:�'�;�` >.isi< art: x, 3i'z�.i.s�..,P;�<vr�:�vo-.<} .., �iEi;=. .:ix.��t:.nre.:astivn.rn:,�rc,. ATTACHMENT B To: Tukwila Board of Adjusters. June 5, 1987 RECEIVED CRY Of 1ucvr+« JUN 5 1987 =LOINS arr. 14419 59th Ave. So. Tukwila', WA 98168 In regards to our building on 14110 55th Ave. So. and using it as a home hobby occupation. There will be no traffic because it is like a service. We take the green -ware down to the Tukwila Community Center. We feel the Center generates enough to keep us busy after we retire. We want to be able to come and go. There are no finished products sold. The grandchildren and I work and take them to Kennydale bazaar in the fall. (1 do have 7 children and 20 grandchildren). Many of the samples are done up to show what they look like painted. We do the firing in my home, however I am taking lessons at the Center and they do most of my firing. We do store around 2000 molds in the shop and some antiques which we brought back from my mothers, after her death. Also some from when we had the store. These molds would probably take Mr. Whitney 2 years to pour because he has not the time. We do plan to build a home there next year and attach a walkway to the building. There will be no vehicles stored in the building. Sincerely, , ‹ ' Il -- Y 6 CIA4P -t r J Maurice and Virginia1M. Whitney ..c'.<.'Xi: ': 3r:✓ r. '..= ..i-�1.i:+3�...�.!:..:e...« _[ : 1::J.'�.::�JUI:%{:�LC Z • 4 r aY,:: r -e-d-rz---Cid---ru • • /67 r LJ V L-ca c • WPLZ- (e?"--ze, 7ee.2e-Z4ali - 44) ..e.c...- 449-0t4,--e a : 7 44e v 4,7 0-1 RECEIVED CITY OP TUIDARLA JUN 5 1987 MALMO OWL { S-4;4 x-Lo-J x&E.A..a-zele42---LJ F61 4 /,9:1160144:. .r..�.. 65 "iikiWW4e (ir. t3�rt a4'ali'v:,t uns r:aaz�:i a :,4.s,a unu • RF /sjn Maurice and Virginia Whitney 14419 — 59th Avenue South Tukwila, WA 98188 V1�K.OV�x�uwr�c' 'June 24, 1987 Sincerely, City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 ATTACHMENT C Dear Mr. and Mrs. Whitney: As a follow -up to our meeting on Thursday, June 18, I wanted to recap our discussion. The Planning Department has determined that you may continue to use your building at 14410 - 55th Avenue South for personal storage including antiques and ceramics molds. No storage of business - related items will be allowed. This is in accordance with information which you provided for your building permit application. Pouring ceramics molds, however, will not be allowed on that premises because we have determined that your ceramics activities are a business, not a hobby. You must, therefore, relocate the pouring process from your storage building to your residence and obtain a home occupation license. Please call me at 433 -1848 if you have any further questions about this . interpretation. Rebecca Fox Tukwila Planning Department City of Tukwila Mr. and Mrs. Maurice Whitney 14419 - 59th Avenue South Tukwila, WA 98168 Dear Mr. and Mrs. Whitney: LRB /sjn enclosure _, r. e:i'.z {...� ..... .......... sr�:s:...,.,. >:v:.zo..^.... PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 May 20, 1987 Based on the information which you have provided to us, we have made two determinations, as follows: 1. In light of the large scale of your ceramics activities, and the on -going sales of ceramics to the Tukwila Senior Center, we feel that your acti- vities constitute a business rather than a hobby. Businesses, other than home occupations, are not permitted in single - family zones. Therefore, we have determined that you must cease operations by June 5, 1987, until your ceramics activities qualify as a home occupation. Tukwila's home occupation regulations are enclosed for your review. 2. Your building permit, issued for a storage building, allows only storage - type activities, and does not include use as a garage. The building's door design, however, raises concerns that the building could be used as a garage. If you plan to use the building as a garage, its size must be reduced to no greater than the 1,000 square feet allowed in the Tukwila Municipal Code (section 18.12.040). One possible means to accomplish this might be to subdivide the building to include both a storage area and garage use. A building permit would be needed for this activity. If you wish to appeal one or both of these determinations you may petition the Board of Adjustment to request review of the decision. You must submit the petition with the Planning Department within ten days of the interpretation. You should state in writing: 1) why you wish to appeal the interpretation; 2) which interpretation you are seeking; and 3) the reasons why you feel the Board of Adjustment should support your appeal. Please call Rebecca Fox at 433 -1848 between 8:30 a.m. and 12:30 p.m. if you have further questions. Sincerely, L. Rick Beeler Planning Director A'PL A ON DATE FILE NUMBER PROJECT NAME ADDRESS APPLICANT L CROSS REFERENCE ACTION 1/28/87 87 -1 -BLA ' CITY OF TUKWILA FORMER EDWARDS AVENUE LOCATED NORTH OF S. 140TH STREET NONE , APPROVED , 87 -2 -BLA CHARLIE SIMPSON 14246 56TH AVENUE S. SAME NONE o APPROVED 2/20/87 4/1/87 87 -3 -BLA 87 -4 -BLA FLOYD & ETHEL SMITH PAT MC ENULTY 4238. & 4240 S. 164TH AYENUE S. 14446 - 59TH AVENUE S. SAME RICHARD SCHROEDER NONE APPROVED 5/4/87 5/8/87 87 -5 -BLA W14 -h6LX 6h lla -a1g7 MARIO SEGALE NO ADDRESS FOR SITE P.O. BOX 88050 _ MARIO SEGALE 85 -19 -SS WITHDRAWN 6/22/87 7/7/87 87 -6 -BLA METRO PARK & RIDE ON INTERURBAN AVENUE S., NORTH OF 52ND AVENUE S. METRO ; 11/10/87 87 -7 -BLA SILVERVIEW, LOTS 18, 19, 20 BARGHAUSEN 12/2/87 87 -8 -BLA NORDSTROM EXPANSION SOUTHCENTER MALL BUSH, ROED & HITCHINGS BOUNDARY LINE ADJUSTMENT 1987 Pau �