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Home My WebLink AboutPermit 86-59-V - OLSON - VARIANCE86-59-v 4835 south 160th street olson variance 4'3R1u'k.'4'w3A V +c'fs.a�uwl:�eiann�«,......, ........ ...............». .w«...>...-s...a...w- a,�x.,aarr wz wu.. .w.N.e..ti....w..........,,.... - — ...- .Nona...rune,m `714.V:41Mt _■vi Mr. Harold J. Olson 4835 S. 160th Street Tukwila, WA 98188 Dear Mr. Olsen: City of Tukwila OFFICE OF THE CITY ATTORNEY 2001 6th Ave., Suite 2300 Seattle, Wa. 98121 August 20, 1987 Re: Refusal to comply with zoning setback ordinance mia0inno f SEP 14 1987 CITY OF TUKWILA PLANNING rJ PT. The Tukwila Planning Department has advised us that you are refusing to bring your carport into compliance with the Tukwila zoning ordinance. Please be advised that failure to comply with this ordinance constitutes a criminal offense under TMC sec. 18.96.110 punishable by up to six (6) months in jail and /or a fine of $500. I have no desire to institute a criminal complaint in this matter and would prefer that you resolve it by complying with the Planning Department orders. However, if no action is taken on your part within 45 days of today's date, I will issue a criminal complaint against you under TMC 18.96.110. Please do not hesitate to contact me should you have any questions regarding this matter. MVW:pw cc: Vernon Umetsu MVW00073L :0042.16000 Very truly yours, Mark V. Watanabe Office of City Attorney -emnka ' :: 1s:.,,........: �:::.: ti:.• 3':;%`- 1.%. k2�: i:+, tn:`• N.:: qli;,':! 6'.: t' ' W.<.:; t'^.: a: oi. n�. f.: St; ifSa' idit` U' �k`!=. ik�rt... .. iu.r^». Z: urxt_'» ni:+ u��r. �;, Y. n::• a_ rwi- svaaneesa. .c..m�ac:e�s�[ »:>r;::.5wevx�u. �w.�- �xv!t .tttu .7 .. .Y.� KY.i� ::'l:Tdt'. 4^".2T:t;; <" :i- t?,L'?S1' City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 CITY OF TUKWILA BOARD OF ADJUSTMENT JULY 9, 1987 The meeting was called to order at 7:00 pm by Chairman Nesheim. Members present were: Mr. Nesheim, Mr. Goe, Mrs. Hernandez and Mrs. Altmayer. Mrs. Regal was excused. Representing staff were Jack Pace, Rebecca Fox and Joanne Johnson. APPROVAL OF MINUTES MR. GOE MOVED AND MRS. ALTMAYER SECONDED A MOTION TO ACCEPT THE MINUTES OF THE MAY 7, 1987 MEETING AS PRESENTED. MOTION WAS UNANIMOUSLY APPROVED. 87 -3 -APP VIRGINIA AND MAURICE WHITNEY - Appeal of an interpretation that their ceramics activities at 14110 - 55th Avenue South constitutes a business rather than a hobby. Ms. Rebecca Fox, staff representative reviewed the application, recommending denial of the appeal. Pictures of the location of the subject property was distributed to the Board and entered into the record as Exhibit A. Mr. Maurice Whitney explained the nature of their ceramics activities and felt that it was not a business but a hobby. Discussion ensued on the request. Ms. Geraldean Byerly, 869 S. 195th, Seattle, explained her ceramics instruction activities at the Senior Center. She further explained how she uses the ceramics greenware provided by the Whitneys. She provided pictures of examples of the finished product and prizes earned by the Senior Citizens. These pictures 1 - 9 were entered into the record as Exhibit B. Mrs. Cheryl Wheeler, 14102 - 55th Avenue South, was opposed to the appeal stating that a business should not be conducted in a residentially zoned neighborhood. She described the activities she observed at the site. 1: kWlitlAAVIJA alia- N4•:::.+ ivMY: r_ vrwusliZa x tons e . n v+snar avromo .a. w ,......; ne. ro...,, rraOAPTIV IIMIV IItiln�CJ.SG'L2Ca'Ji�ZI'fi'.Lt Board of Adjustment July 9, 1987 Page 2 Ms. Karen Aragon, 14204 - 55th Avenue South, objected to the size of the building and where it is situated on the property. She also felt a small business allowed in a residential zone could grow to a larger size. Mrs. Eleanor LaRoy, 14115 - 55th Avenue South, concurred with these comments, adding she objected to a business operating in a residential zone. Mr. Norman LaRoy, 14115 - 55th Avenue South explained late night traffic which becomes a nuisance. He also concurred with the comments made in the previous testimony. Mr. Jack Pace, Senior Planner, distributed the site plan of the building for the Commission, which was entered into the record as Exhibit C. Mr. Steven Wheeler, 14102 - 55th Avenue South, concurred with previous testimony. He felt the building was not set back 500 feet from the road. Discussion ensued on the application. It was noted for the record that the staff report should be corrected to reflect the correct size of the building to be 1,680 square feet. A 10- minutes recess was called and the meeting resumed at 8:30 p.m. MR. GOE MOVED AND MRS. ALTMAYER SECONDED A MOTION BASED ON THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT, THE FACT THAT A BUSINESS IS BEING CONDUCTED AT THE SITE AND THE TESTIMONY RECEIVED, THAT THE APPEAL BE DENIED AND UPHOLD THE STAFF'S DECISION THAT A BUSINESS RATHER THAN A HOBBY IS BEING CONDUCTED. THE MOTION WAS UNANIMOUSLY APPROVED. ADJOURNMENT The meeting was adjourned at 9:40 pm. Respectfully submitted, Joanne Johnson, Secretary �.a: fe' ? "�cr� �'i ••;tit's p�;, +; : w<.s...� +., ......;'l.t :... .., • ......o,... .� .. .. r+uc, ;!:..< a,v .�.i.,�.R:t= +., ?.F`:i:%1C:J;:1. 5:;'r:i' iat.crnr" ±. a. rirr<; as;,+:.:: tn, xL^, aar: x:, w:: 2�A7re:.^. ru�hrr.: r; ;c•:.n�n.�._csa:,..svwhc..rrs +m .ni w wxu:s crtu •• y�i • Y ,` � , r � @14;a" � 1`.'„ C City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor CITY OF TUKWILA BOARD OF ADJUSTMENT FEBRUARY 5, 1987 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 Vernon Umetsu and Joanne Johnson. APPROVAL OF MINUTES MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION TO APPROVE THE MINUTES OF THE JANUARY 8, 1987 MEETING. MOTION CARRIED UNANI- MOUSLY. 86 -59 -V. Olson Variance - Amended variance by Harold and Karen Olson requesting a 4.1 foot variance of the setback requirements. Vernon Umetsu submitted a photograph of the front view of the Olson's property which was entered into the record as Exhibit J. He then presented slides and photo location map of the subject property and surrounding area. These were entered into the record as Exhibits K through Z. He briefly reviewed the staff report, which was entered into the record as Exhibit AA, recom- mending denial of the requested variance. Bret Olson, 29847 45th Place South, Auburn, submitted a photo- graph of the carport and side yard of the Olson property which was entered into the record as BB. He felt that it would be impossible to reduce the size carport in order to meet the side yard requirements. Dan Cross, 4827 S. 160th, Tukwila, discussed the history of the request and clarified where the dividing line actually appears which separates his property from the Olsons. He felt it would be detrimental to his property for the variance to be granted. Ramona Cross, 4827 S. 160th, Tukwila expressed opposition to the request. Discussion ensued on the circumstances surrounding the variance. At 8:20 p.m., Mr. Nesheim called a five minute recess. The meeting resumed at 8:25 pm. . l�i' �: w��".. ��: �' xT�+' V .:. vSi? �+. L' tnY«:.; w: �: 7,: R977r? h? RG? 7S1T 3:^. titSE1372PiROfS:. i�^ �71k; 15tas[ �J- 9Y. C. wukcw hM>]; aisrt: a`[ nku( a' /AI+ttYUankerrmv+.Vw»x.w...ay.. . r. .......« na. oewurntw. r.+r mafu>t.lwm.an:.revrtxrr,Mau.V C7S.'Y.S^.4�S.fi Board of Adjustment February 5, 1987 Page 2 Mr. Nesheim called the Board into executive session. When the meeting resumed, discussion ensued on the application and then the public hearing was closed. MR. GOE MOVED AND MRS. HERNANDEZ SECONDED A MOTION THAT CRITERIA #2 HAS NOT BEEN MET. MOTION UNANIMOUSLY CARRIED. MR. GOE MOVED AND MRS. HERNANDEZ SECONDED A MOTION THAT CRITERIA #3 HAS BEEN MET BASED ON THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT. MOTION CARRIED UNANIMOUSLY. MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION THAT, BASED ON THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT, CRITERIA #4 HAS BEEN MET. MOTION CARRIED UNANIMOUSLY. MR. GOE MOVED AND MRS. ALTMAYER SECONDED A MOTION THAT BASED ON THE STAFF'S FINDINGS AND CONCLUSIONS AND THAT THE GRANTING OF SUCH VARIANCE IS NOT NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT POSSESSED BY THE OWNERS OF OTHER PROPERTIES IN THE SAME ZONE OR VICINITY, THERE- FORE CRITERIA #5 HAS NOT BEEN MET. MOTION CARRIED UNANIMOUSLY. MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION THAT BASED ON THE FINDINGS AND CONCLUSIONS OF STAFF, CRITERIA #1 HAS NOT BEEN MET. MOTION CARRIED WITH MR. GOE, MRS. REGEL, MRS. HERNANDEZ, MR. NESHEIM VOTING YES AND MRS. ALTMAYER VOTING NO. MR. GOE MOVED AND MRS REGAL SECONDED A MOTION THAT BASED ON THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT, TESTIMONY ON BEHALF OF THE APPLICANT AND THE OPPONENTS; ALSO, AS RESULT OF THE VOTE ON CRITERIA 1 THROUGH 5, THAT THE VARIANCE BE DENIED. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT The meeting was adjourned at 9:25 pm. Re'ectfully s mitted, :.anne John , Secretary • L' %t�iSF iai� ;.,_ 53.iL' t4�'>' klita tt,;' �a.+ t> r?.S Y. YGS{ Z.? 3,' 4tnr 'RT."k;SA%Sii5 ZEU :,.'+.i.TAidlorralangJm'3u4P,„ City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (208) 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 6th day of February, 1987, at 7:00 p.m., in Conference Room Number 3 of Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, as the time and place for: Public Hearings 86 -59 -V - Harold and Karen Olson are requesting a variance from TMC 18.50.020, sideyard building setback as follows: Reduce the required eight -foot setback to 4.1 feet. Property is located at 4835 South 160th Street. Any and all interested persons are invited to attend. Published: Record Chronicle, January 25, 1987 Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property Owners, File 3xrnY,a7ramWal— t'Sa'b`1"Y:A4 SSLJi artreen. ki urc V SYL � t? • , t viCte��'".' ��7?? . i J l: �' CC t ,aslSiYitvl�'J.�.sprt.vn�v,�: w.wwt�...�...w,a.n.u�+:.nmr : uwo. ma. o+.. a. +«.a.xa.,v.e......1. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary 1. VanDusen, Mayor DATE: February 24, 1987 TO: DUANE GRIFFIN, BUILDING OFFICIAL FROM: VERNON UMETSU, ASSOCIATE PLANNER 4 SUBJECT: OLSON CARPORT, BUILDING PERMIT #4413 csintos lS'� a{ s't'�.+.;.'�.� Ci: !.. The Tukwila Board of Adjustment denied the Olson's request for a 4.1 foot side yard setback variance at its meeting of February 5, 1987, (86- 59 -V). The period for appealing this decision has since expired and all proceedings regarding this variance application are now concluded. The subject carport is thus in violation of the Tukwila Zoning Code. Please take the appropriate steps to rectify this situation as soon as possible. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 12061 433-1800 Gary 1. VanDusen, Mayor Mr. and Mrs. Harold Olson 4835 South 160th Street Tukwila, WA 98188 Subject: Board of Adjustment Decision Dear Mr. and Mrs. Olson: February 6, 1987 This letter is to provide you written notification that the Tukwila Board of Adjustment has denied your application for a 4.1 -foot side building setback variance (86 -59 -V) at its meeting of February 5, 1987. The Board's decision may be appealed to King County Superior Court pursuant to Tukwila Municipal Code 18.72.080. Please do not hesitate to contact me at 433 -1858 if you have any questions. Sincerely, Vernon M. Umetsu Associate Planner �. ^'i!2 d:��• 2 :5 ; " 9:: .., ti,. fi .. : rMr "!nf r� .✓.,.,. }'.'r vr^t';V ...•u 2."S.i ti;SSi: ,K"�S .: .s,..t: .i .:.i 1,,,Y :.i.,,krL :��i 1. , ;;: i`�PJ1 ; • ' _ �•?: ii"_tY:C:ISiB1. :.I' r_- t!?axta; Len^ rs.:: r 'urnxx�.r�ysats:R9:.."'";",i:l: �:!m �X! K". .s:.av 741f �iX.c• S:> '` ,s t� aev', .'�'unr,.7�' S w S�ti;Y;;?tli9Y %�. N �H:Mk25:ele ".4e�:F +SV.., F City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 • Gary L. VanDusen, Mayor January 19, 1987 Harold and Karen Olson 4835 S. 160th Street Tukwila, WA 98188 RE: AMENDMENT OF VARIANCE APPLICATION 86 -59 -V Dear Mr. and Mrs. Olson: This letter is to confirm receipt of your request to amend your variance application to reflect a need for a 4.1 foot side yard building setback variance, instead of the 1 -foot variance originally requested. This letter shall also serve as notice that the 45 -day time period within which the Board of Adjustment must make a decision once a Public Hearing shall be held, shall commence with the Public Hearing to be held on February 5, 1987. Please note that while City personnel and equipment were used to field measure the distance of the garage from the property line, this measurement was focussed on establishing the validity of the original 1 -foot variance application. None of the City personnel who were involved are certified surveyors and the applicant continues to bear the burden of accurately filling out the variance application (including the setback variance necessary) and establishing the case for the variance. The Planning staff would point out three options for identifying the necessary setback which should not be viewed as all inclu- sive: 1. Use the City's 4.1 foot estimate of needed setback, recog- nizing that the City makes no guarantees on the accuracy of this information; 2. Amend the application to 4.5 feet to provide for some level of inaccuracy in the field data; and 3. Have the necessary setback established by a registered surveyor. Please contact me immediately if you have any questions or if I can be of any further assistance at 433 -1858. Sincerely, Vernon M. Ume su Associate Planner .... .. .. ... .. ... .. .. ..... .. y ......... .. vvy +'gy.�.a,,..y. a... ..w ..!tam.._...„.. pq ..�_ ..f�.. .np _..�., w 1 o v,•,rr. ?ry��•a. .; Mt :�x�Yu ,....2.., ., ...::7= ,'�..�,: •...:5::'_;,�x',__ , . ,, .;.t_ r_ rmu__..... i,,. .:�.�.a.,�.7v�t + ,... 5:«;' c�....,... r.*: ti•.,, x lix°iG:,.:";f;Y'..?1:,;_:;�..k. n. �i .�`"Jk:, . '� vY t City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor CITY OF TUKWILA BOARD OF ADJUSTMENT JANUARY 8, 1987 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 Vernon Umetsu and Joanne Johnson. ELECTION OF SECRETARY MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION TO ELECT JOANNE JOHNSON AS SECRETARY. MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES MRS. REGAL MOVED AND MR. GOE SECONDED A MOTION TO APPROVAL THE MINUTES OF THE DECEMBER 4, 1986. MOTION CARRIED UNANIMOUSLY. 86 -59 -V Olson Variance - Harold and Karen Olson variance on the setback requirements, continued from the December 4, 1986 meeting. Vernon Umetsu explained that recently, evidence has come to light that resulted in the need to change the original 1 foot variance to a 4.1 foot variance from the setback requirements. He distributed a memo supporting this conclusion, recommending that the Board direct the applicants to revise their application to reflect a need for a 4.1 foot side yard variance, schedule a public hearing on the Olson Variance as amended for its meeting on February 5, 1987. Mr. Nesheim explained that the public hearing on the current application has been closed, but that the Board would allow informal comments on the continuance of this application. Bret Olson, 29847 45th Place South, Auburn, expressed his own personal opinion on the events that lead up to the continuance of this application. He felt the City did not treat his parents fairly in the manner in which this application was handled. Considerable discussion ensued regarding the proceedings thus far. :.?. 'i1A:'r:�.,G.Si..i:�i..+r:rA?�i a k';i:. ..:. 1.`.u.5.:•>_....x.r .. n ?'� ,... ,. , '•g::l a. ., ...�1'C27S....t �.. Pl!. tf✓ i✓ n i�. �ne+.. rm�.... a..+ xn. nnG.. cr;: e ;xvts^.:2:tP }5':`� ° .ir,,....t., ci..�lt....,r .,... ,rh..,..r ._lS...... ... CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM 86 -59 -V: Olson Variance INTRODUCTION Harold and Karen Olson amended their original variance request heard by the Board on December 4, 1986. The revised request is for a 4.1 foot variance from the eight -foot side yard setback requirements of the R -1 -7.2 zone (TMC 18.50.020). In order for the Board of Adjustment to grant the requested variance, it must find that the applicant's request meets all five of the criteria in Tukwila Municipal Code Section 18.72.020. FINDINGS 1. The subject property is located at 4835 South 160th Street, in McMicken Heights. This area was annexed to the City in 1985. 2. Single - family residences at three to four units per acre are south, west, and east of the subject site. One- to four -acre residential parcels and a 7.8 -acre future City park site lie to the north (see Exhibit A). 3. The immediate area of the subject parcel is zoned R- 1 -7.2. 4. The required side yard setback area is eight feet (TMC 18.52.020). The applicant is requesting a reduction of this setback area by one foot along the west property line. 5. Approximately during June 1986, the applicants constructed an 11' -9" foot wide carport without the required building permit. The carport was added to the side of their house and in a level area of the property. The former carport was previously enclosed. 6. A building permit was issued on August 7, 1986 based on the applicant's sub- mittal showing an 8.5 foot sideyard setback area. This information was later discovered to be inaccurate and that the actual sideyard setback available was 3.9 feet. The Building Inspector certifies that the structure meets building code standards except that it violates the Zoning Code by intruding 4.1 feet into the side yard building setback area (Exhibit B). 7. The applicants state that the entire carport width is necessary in order to safely maneuver an 18' by 7' boat into the carport and to allow for safe circulation around the boat once it is parked. . The majority of other properties in the area conform to setback require - ments. This variance is necessary to avoid modifying the carport, but it is not necessary to preserve a property right. RECOMMENDATION The Planning Staff recommends denial of the variance because the evidence provided to date does not demonstrate that the subject application meets the criteria of TMC 18.72.020(1), (2) and (5). EXHIBITS A. General Area B. General Plot Plan C. Applicant Testimony D - I. Photographs depicting various examples of structures in the the subject property. (To be presented at public hearing) 86 -59 -V: Olson Variance Page 3 vicinity of • . BOARD OF ADJUSTMENT 86 -59 -V: Olson Variance Staff Report Page 2 8. The applicants have also submitted the written statements shown in Exhibit C. CONCLUSIONS 1. TMC 18.72.020(1) - The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. The Kroll Company Maps are the only reference map available in the City to indicate the location of existing buildings relative to property lines (Exhibit A). This map shows that there could be three instances where buildings may have less than the required side yard setback. However, all other structures in the general area clearly conform to the building setback requirements of the Tukwila Zoning Code. Therefore this variance would constitute a grant of special privilege. 2. TMC 18.72.020(2) - The variance is necessary because of special circum- stances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The Planning Staff concurs that the carport is optimally placed, due to topographic constraints. However, the variance is not necessary because of physical constraints of the property, but to preserve the carport that was constructed (see Findings 5, 6 and 7). The applicants have already largely maximized the frontage development potential of the property by enclosing the original carport. Therefore, limiting the applicants to a narrow car- port is not an unreasonable appropriation of property rights, especially since the original house garage was converted into a recreation room. 3. TMC 18.72.020(3) - The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improve- ments in the vicinity and in the zone in which the subject property is situated. Granting of this variance would not be materially detrimental to public or private property in the vicinity. 4. TMC 18.72.020(4) - The authorization of such variance will not adversely affect the implementation of the comprehensive land use policy plan. Granting of the variance would not adversely affect implementation of the Comprehensive Policy Plan. 5. TMC 18.72.020(5) - The granting of such variance is necessary for the pres- ervation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. - _ - 15 6 34 ___ 1 1- _ v\ .1 Z6 253di� 1 1 4' r , �i477_ VA CATED .1 l y TRACT £ OM ARM* ST) NOT OPEN 420 AC. 777 r. c. Js /7C // A 07 ' ^ � ` tP . -, .0 Limb ; , 1 16010 ^. p I 815 1 , . : , -- 3 s a� ss Q I ��s� 3 I 2 � �s� I � � • 16016 � °� �'�� - t� , L`"'th"� ! 4 I, ,IL.: sb er S I 4 / � ` �. ;.� ( � isoz.y � ri s..... �» ! 79.4. •N � r 11 I � 5 _44 Si_ SI :' s r ST I ,10 - 7 il en 0 2 r 1 i� ISO 1 1I6® 1 A O o V 1 `L R I I 0 1 e = J I'L1 '�r i; Aso 7so rS I 'S • 11 I /6I.! r IO�LQ!Z ti( C 15 I$ �5 I • -- -- -- - - - -- 5 „ . � r 7 , — r' 4 1210 - - o N k - -0 t � \ 3 -II 6c' S ; /6J I � • /, Jes 7V Elva 4f I O . 1I - - - -- 5- - - --� 23 21 2 ti 16 _ PL r 413 • • o 5 `' . SS 6 6 5a J, S HOWARD E. a PARSONS SS cIi SS ALBERT L. PITTS 220 AG. UNPLATTEd T.c.S ,45. 77 m a b O1 " /62ND = + sr lS 1 •S 2J 7.4 g0 1620 ! - - ;z ° 1 ' - 0 =2 164)9 1 45 a SO II 4 ' o 4563/5 i 1 56315 a a •9S 2 4 304 $ 35g, Q 10x i t 0 3 �� host • o. $�s X e: 11 'fi .e• zt' z1 � - -51 Y � - - -- -It 11 ~ �I K2 R Dt 1 0 1 `�''' I ez ti r� 19 '1Fl .I� ® 2 EXHIBIT A' .... ��` GENERAL AREA 0 !6 -- r . tr SO/ 67 2l J i Z it Ica, Aid, I .� • A Na �� 59'r ort t3 160)1 1R o • 2002r .1 I34 3 1 25 16 16031 P A ! i '1 1 1 O9 L lia ME o C I9H - _ - 15 6 34 ___ 1 1- _ v\ .1 Z6 253di� 1 1 4' r , �i477_ VA CATED .1 l y TRACT £ OM ARM* ST) NOT OPEN 420 AC. 777 r. c. Js /7C // A 07 ' ^ � ` tP . -, .0 Limb ; , 1 16010 ^. p I 815 1 , . : , -- 3 s a� ss Q I ��s� 3 I 2 � �s� I � � • 16016 � °� �'�� - t� , L`"'th"� ! 4 I, ,IL.: sb er S I 4 / � ` �. ;.� ( � isoz.y � ri s..... �» ! 79.4. •N � r 11 I � 5 _44 Si_ SI :' s r ST I ,10 - 7 il en 0 2 r 1 i� ISO 1 1I6® 1 A O o V 1 `L R I I 0 1 e = J I'L1 '�r i; Aso 7so rS I 'S • 11 I /6I.! r IO�LQ!Z ti( C 15 I$ �5 I • -- -- -- - - - -- 5 „ . � r 7 , — r' 4 1210 - - o N k - -0 t � \ 3 -II 6c' S ; /6J I � • /, Jes 7V Elva 4f I O . 1I - - - -- 5- - - --� 23 21 2 ti 16 _ PL r 413 • • o 5 `' . SS 6 6 5a J, S HOWARD E. a PARSONS SS cIi SS ALBERT L. PITTS 220 AG. UNPLATTEd T.c.S ,45. 77 m a b O1 " /62ND = + sr lS 1 •S 2J 7.4 g0 1620 ! - - ;z ° 1 ' - 0 =2 164)9 1 45 a SO II 4 ' o 4563/5 i 1 56315 a a •9S 2 4 304 $ 35g, Q 10x i t 0 3 �� host • o. $�s X e: 11 'fi .e• zt' z1 � - -51 Y � - - -- -It 11 ~ �I K2 R Dt 1 0 1 `�''' I ez ti r� 19 '1Fl .I� ® 2 EXHIBIT A' .... ��` GENERAL AREA 0 !6 -- r . tr SO/ 67 2l J i Z it Ica, Aid, I .� • : . • EXHIBIT B GENERALIZED PLOT PLAN (Not `tdScale) NE,NE, NE i« a - d 3 - y AKA PTN aLK 5, Clt M ;c ken t+rs UNRE t4835 SO I6b - secck4it 98I89 4 35 + so' 0 Kee 0 III•cts O �o 0 Site walk 81, v Reside v■ce 0 G 3, EXHIBIT C „+.a;� >•.::�ti.4A ".!'l.'4. �:i;!7.'+'Y.y?•;scF4'A: v: �.s.;C....'.Y:o.�..i•Y l' rst! r .ES`k7i�i.Y•.:r%_.v::v..�t< n�'�1��.:�"��,''ht2 ��'.;1 i.d n rt.ys�M' .. . OLSON TESTIMONY 1. 6.111 er +he_ house was bu i l+ a$ years q there. w4s can unpaved driveway apu'1- aloes the side of house, }- was bui It Qccordinl - +a county zonIns codes, Vie, fel+ - there would be_ no problem with put Q cover over +he exi5 drwewoy, 'When we bui 1+ the. - I- r we. dtd not Know tha -- - there_ would d be o .bu�tdtng perm' f felui red, The reQsons why we_ t ocated -i-he. boot port at the, wes+ side of the. house is becc►uSe of exis dri�eWa�� and no c 4erna4 -tue tocal-1011. flue t-o the Fact that- the boat- port ► s too feet . rom +he_ center of the_ road and 1- ha+ +here i S ri 1a �oo� hedge Glon3 en we 4 side conceliril the. boa+ par+ rom the_ neighbors and Oaf 1�s only use is +o stole Q boat i+ should not be materlatiq de+rimental *he publte. boat port srou Id not adOerse.\ti oc ect the comprehensive �,ard use pohcll QS - the - boat port W e. reel ck corn - p1imentary addiiun -.o the house and therebore - tC) the neighborhood. it does no-t biocK any %new ;corn the, neighbors cts we. li Qe. on a hill cinch the_ boat port does not rise aba)e. our home. The_ roof li was designed -lo compliment the elost)n/ rood lire on the house, toe but It -the_ boat port ors - tht etIst►n unpaved par Kin are4 +o protect the boat - all pes af- rxsecther- darmqe There are all Rids eC Structures in the. netglibor t - pr,o-1ect - the m e +9h bors pes nci I picperli'S Applicant's Photograph of Northwest corner of carport and hedge. EXHIBIT BB 2/5/87 5� v 7"Ff FAC (/•( G '(E- o f Gk '8. 75 . re 3 i I V 7 .<. » �.. A74..... u.:: �L .7•'C.iA..n...S.4.ir:.�.,tji"i. /4S US. 20 t3 w 1E 48 TK iltier Se . St az IN ye' se, P; en.% i. 1.. A?.., �a' 1 iY�. r' +,`..i :'k,GSr€.$S5"�tr,::L�4'. �5` �? �r;:'. T.. L•±,;c�4r'ifitfi�Li ".1:,:.,,a..., �i�f±.r:.L� „�f',i'. e.�._... ,....:z \:cr.' �,... . , . /4S20 a 4851; • I 1.1.x, et — � Applicant submitted photographs showing the relationship of building setbacks to property lines in McMicken Heights. No locations given. Circa November, 1986. EXHINITS D - I 1 tiost �A Y-" V1 P (Pr 5„, dr .1. Ex(.e1B(7 Reopt go/k futrG oF /1 56E WC-An oiAt Mike t pACAdT ; 64(144i* isrz gb 1116 0E s (b� - t'6072 FA:om AVc .co, .2/ 5, ewkeLot,..E. • .i.t.-4.4.09,,wskzazae.wan144 " CA4 el. ft e c-- .;4 • ,:.. • 1; THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS "WARD SCREEN J. F THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN • THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN THIS SIDE TOWARD SCREEN • City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor CITY OF TUKWILA BOARD OF ADJUSTMENT DECEMBER 4, 1986 my..i...+r.�n..a.,...u..yfe.em, .p.itru n1.11s'.�vT+: rrth.•�L'•;Ti.�w'1+.,iY fit J. f.�i•...,I { ._,��Y ... The meeting was called to order at 7:00 pm by Mr. Nesheim. Members present were Mrs. Regel, Mr. Nesheim, Mr. Goe, Mrs Hernandez. Representing staff were Rick Beeler, Vernon Umetsu and Joanne Johnson. Approval of minutes and attendance were moved to the end of the meeting. 86 -59 -V Olson Variance - Harold and Karen Olson request a one - foot variance from the eight -foot side yard setback requirements of the R -1 -7.2 zone. Mr. Nesheim opened the public hearing. Mr. Umetsu briefly reviewed the Staff Report and recommended denial of the variance because it would constitute a grant of special privilege and, therefore, does not meet critera #1, #2 and #5. Bret Olson, 29847 45th Place South, Auburn, represented the applicant. He distributed pictures which depicted various examples of structures in the vicinity of the subject property and their proximity to adjacent property lines. The pictures were entered into the record as Exhibits 0 through I. The pictures supported his position that the granting of this variance would not constitute a special privilege and therefore, satisfied criteria #1, #2 and #5. Mr. Goe was in favor of changing the staff report to more accurately reflect the carport width as 10 feet 9 inches instead of 11 feet. Mr. Nesheim closed the public hearing. MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT CRITERION #1 HAS BEEN MET. THE MOTION DID NOT PASS FOR LACK OF A MAJORITY VOTE. MR. NESHEIM AND MRS. HERNANDEZ VOTED NO. v � F "i'"t e: 7ic?t!'.J.rb �•��, i5 r" !'iR's�l"i��Iif'wfr' . }.� i rt:W. , yiF <r ; r G .."k.'. : '"" :')tt F 'ri F sz sryc-w:.r r, ,, xrtx �.^" % . k; .� t �, .. OVA, .!; • .,I '�M , r•. ..,.3�ar.t,,,!.�...f..S: „w \�_, Vii:';._.... uc. �r.:, �,..:. t...,.,, : ..,._. �..::. i:,.. �..; a:.: r. �” ,.am:a.,.�.:.u...Gv:kticu,:S.:po- �iy�`,_ �rYi:.,,,,. �` trsysnG `d.'S!k2`�.as142..r?J3.y.,. `4Y;1w+a., t Board of Adjustment December 4, 1986 Page 2 MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT CRITERION #2 HAS BEEN MET. THE MOTION DID NOT PASS FOR LACK OF A MAJORITY VOTE. MR. NESHEIM AND MRS. HERNANDEZ VOTED NO. MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT CRITERION #3 HAS BEEN MET. THE MOTION PASSED UNANIMOUSLY. MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT CRITERION #4 HAS BEEN MET. THE MOTION PASSED UNANIMOUSLY. MR. GOE MOVED AND MRS. REGEL SECONDED A MOTION THAT CRITERION #5 HAS BEEN MET. THE MOTION DID NOT PASS FOR LACK OF A MAJORITY VOTE. MR. NESHEIM AND MRS. HERNANDEZ VOTED NO. MR. GOE MOVED AND MRS. HERNANDEZ SECONDED A MOTION THAT DELIBERA- TIONS ON A DECISION ON THIS VARIANCE BE CONTINUED UNTIL JANUARY 8, 1987. THE MOTION CARRIED UNANIMOUSLY. ATTENDANCE MRS. REGAL MOVED AND MR. GOE SECONDED A MOTION THAT MRS. ALTMAYER BE EXCUSED. MOTION CARRIED. MINUTES MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION TO ADOPT THE MINUTES AS SUBMITTED FOR THE NOVEMBER 6, 1986 MEETING. MOTION CARRIED. OTHER BUSINESS ELECTION OF OFFICERS MR. GOE MOVED AND MRS. REGAL SECONDED A MOTION TO ELECT CURT NESHEIM AS BOARD OF ADJUSTMENT CHAIRMAN FOR 1987. MOTION CARRIED UNANIMOUSLY. MR. NESHEIM MOVED AND MRS. REGAL SECONDED A MOTION THAT MR. GOE BE ELECTED VICE - CHAIRMAN FOR 1987. MOTION CARRIED UNANIMOUSLY. Don Williams, City Administrator, was recognized as being in attendance. ADJOURNMENT The meeting was adjourned at 9:09. spectfully bmitted, oanne Joh , Secr ary :.� '.•.: .. 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 4th day of December, 1986, at 7:00 p.m., in Conference Room Number 3 of Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, as the time and place for: Public Hearings 86 -59 -V - Harold and Karen Olson are requesting. a variance from TMC 18.50.020, sideyard building setback as follows: Reduce the required eight -foot setback to seven feet. Property is located at 4835 South 160th Street. Any and all interested persons are invited to attend. Published: Record Chronicle, November 21, 1986 Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property. Owners, File e CITY OF TUKWILA Central Permit System MASTER LAND DEVELOPMENT APPLICATION FORM PLEASE WRITE LEGIBLY OR TYPE ALL REQUESTED INFORMATION -- INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED FOR PROCESSING. SECTION I: GENERAL DATA TYPE OF APPLICATION: O BSIP °SHORT 0 SUBDIVISION SHORELINE D PRD O PMUD O BAR PLAT PERMIT INTERURBAN APPLICANT: NAME jC((O IA. ' . ott 1'Xare fl (, (i So n TELEPHONE ( acs ( a NU - (C) /C) PROP. OWNER: NAME O CONDITIONAL QUNCLASS. USE USE ADDRESS I IDO th ADDRESS S PROJECT LOCATION: (STREET ADDRESS, GEOGRAPHIC, LOT /BLOCK) Control # File #(s) Fee (s) $ 240 Receipt #0L3 CHG. OF r1COMM PLAN ZONING 6JAMENDMENT TELEPHONE ?)0 )(Y1 e ZIP QwR,R ) ZIP SECTION II: PROJECT INFORMATION 4) DESCRIBE BRIEFLY THE PROJECT YOU PROPOSE E arl 1- Pc r 5 ) ANTICIPATED PERIOD OF CONSTRUCTION: FROM 19 R Cp TO i na e f i n n fe 6 ) WILL PROJECT BE DEVELOPED IN PHASES? OYES ENO IF YES, DESCRIBE: PROJECT STATISTICS: A) ACREAGE OF PROJECT SITE: NET GROSS 1Q� V EASEMENTS B) FLOORS OF CONSTRUCTION: TOTAL II FLOORS INCLUDES: D BASEMENT ['MEZZANINE TOTAL GROSS INCLUDES: [ BASEMENT ['MEZZANINE FLOOR AREA SITE UTILIZATION: ZONING DESIGNATION COMP. PLAN DESIGNATION BUILDING FOOTPRINT AREA LANDSCAPE AREA PAVING AREA TOTAL PARKING STALLS: - STANDARD SIZE - COMPACT SIZE - HANDICAPPED SIZE TOTAL LOADING SPACES AVER. SLOPE OF PARKING AREA AVER. SLOPE OF SITE EXISTING PROPOSED NOTES ❑ ❑ ❑ ❑ ❑ ❑ 8) IS THIS SITEARFSIGNATED FOR SPECIAL CONSIDERATION ON THE CITY'S ENVIRONMENTAL BASE MAP? Q YES ps NO SECTION III: APPLICANT'S AFFIDAVIT 1, BEING DULY SWORN, DECLARE THAT I AM THE CONTRACT PURCHASER OR OWNER OF THE PROPERTY INVOLVED IN THIS APPLICATION AND THAT THE FORE- GOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREWITH SUBMITTED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , 19 NOTARY PUBLI ^- IN AND FOR THE STATE OF WASHINGTON RESIDING AT DATE *AV g.6 bu_t_ P " , (SIGNATURE OF CONTRACT ER OR OWNER ) Nov 0 5 1985 PLANNING DEPT..._..__S :� C N-t - eAcknlemit - W'nen +t--he_ house was bui I+ a$ years Qgo - -here was or unpaved drilieway put. colons the side a house, � was bui H- according - I - o counfq zon1n3 codes, 11t1e. -Pelf 1�here would be no problem with puffins Q cover over the exlsi c driveway, 'When we bu' I+ the_ bodporf We did not Know -s-ha+ -theta would be a building perm i f r fluff red, a. The reasons Lhy we_ 1oca - hhe_ boot port a+ the, Wes+ side of the, house is bec6ose of exis -ins drNewaq and no al -Verna-Hue Location. 3 , Due_ io +he -act that the bocci port I s too feet- . ,ro,(v\ +he_ center of - the_ road and -1 ha-f +here IS ri ID Cook hedge clo n9 en ire wea-1- side conce lira r boa+ por-I- rom the_ neighbors and 1 ha f 1-FJ only use is to store a boas- i sriou Id no+ be materiallq de.44 -ri men40 - k1ne publkc.,. - p i4, The boat ort should no+ adoersQ - \`/ os ect the comprehensive _.a r'd use Po licV as - the- boat port We. -V.ee.l a corn - p 1 mento,ry add i 4tan -}-o +he house and therefore_ - I - o the. ne)ghborhood. zt does no-t blocK any knew -from -the, oe\cghbars as we live an a hell and the boatport does hod rise a bo0e our home. The roof line was designed -' o compl'mernt- -t-he.. elisfinS root line on house, buff 1t -the boa on - the_ eitlsf1113 unpwled parginS are4 +o prole t the_ boat -rom all Ay pes os :,r e Thee are all 12 dS ci StruchireS ir\ the nei .pro-fed- he m el9h bons personal ptoperi s NOV 0 5 1986 art U 'f'1JttvrwA PLANNING DEPT. 2) 3) J$.5n o RESPONSE: RESPONSE: RESPONSE: RESPONSE: RESPONSE: CITY OF TUKWILA Central Permit System MASTER LAND DEVELOPMENT APPLICATION FORM TUKWILA MUNICIPAL CODE (TMC) SECTIONS F Clppf01Jfdi -k he fjsed as o hno�yod S C H E D U L E MENCR 1 . NOV 0 5 1986 CtT "( OP T Ui�VYiLek PLANNING DEPT. YOU ARE REQUESTING VARIANCE: LAND USE VAR I ANCE 2) DESCRIBE THE VARIANCE ACTION WHICH YOU ARE REQUESTING: ('1 n e. Pnirri- side, yard �txY`in -'from $ Pee-f -+0 7P1-.94 nn Wes+ Side. c,rd 3) DESCRIBE THE PRESENT USE OF THE PROPERTY, AND THE PROPOSED USE OF THE PROPERTY IF THE VARIANCE IS APPROVED: Presen* a s et+ro Frei. aloes u' e , i 4 DESCRIBE THE MANNER IN WHICH YOU BELIEVE THAT YOUR REQUEST FOR A VARIANCE SATISFIES EACH OF THE FOLLOWING CRITERIA AS SPECIFIED IN TMC 18.72.020 (ATTACH ADDITIONAL SHEETS IF NECESSARY) . See 44/nev f• Al I) THE VARIANCE SHALL NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATION UPON USES OF OTHER PROPERTIES IN THE VICINITY AND IN THE ZONE IN WHICH THE PROPERTY ON BEHALF OF WHICH THE APPLICATION WAS FILED IS LOCATED. THE VARIANCE IS NECESSARY BECAUSE OF SPECIAL CIRCUMSTANCES RELATING TO THE SIZE, SNAP LOCATION OR SURROUNDING OF THE SUBJECT PROPERTY IN ORDER TO PROVIDE IT WITH USE RIGHTS AND PRIVILEGES PERMITTED TO OTHER PROPERTIES IN THE VICINITY AND IN THE ZONE IN WHICH THE SUBJECT PROPERTY IS LOCATED. THE GRANTING OF SUCH VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE PROPERTY OR IMPROVEMENTS IN THE VICINITY AND IN THE ZONE IN WHICH THE SUBJECT PROPERTY IS SITUATED. 4 ) THE AUTHORIZATION OF SUCH VARIANCE WILL NOT ADVERSELY AFFECT THE IMPLEMENTATION OF THE COMPREHENSIVE LAND USE POLICY PLAN. 5 ) THE GRANTING OF SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT POSSESSED BY THE OWNERS OF OTHER PROPERTIES IN THE SAME ZONE OR VICINITY. TMC 18 :72.'07,0..PROHIBITED VARIANCE.. UNDER NO. CIRCIRIRSTANCES`SHALL THE'BOARD OF` PENT GRANT A VARIANCE:TO PERMIT A USE NOT GENERALLY OR CONDITIONALLY PERMITTED IN THE ZONE .1NVOLVED, "OR:ANY USE EXFRESSLY.OR BY. IMPLICATION PROHIBITED BY THE TERMS'OF THIS TITLE IN 'SAID ZONE. •