HomeMy WebLinkAboutPermit 84-12-UI - MARJON APPEAL84-12-UI
1026 INDUSTRY DRIVE
MARJON APPEAL INTERPRETATION USE
"' s City f Tukwila .
y 6200 Southcenter Boulevard
Tukwila Washington 98188
;1908
May 9, 1984
Gary L VanDusen, Mayor
Janet Marx
Marjon, Inc.
1026 Industry Drive
Seattle, Washington 98188
Re: Business License Application
Dear Mrs. Marx:
This letter is formal verification that on May 3, 1984, the Tukwila Board
of Adjustment upheld your appeal, thereby approving your business at your
location. As stated in your letter of April 5, 1984, and the product
shown in the attached brochure, the license will be issued.
If you have any questions, call me at 433 -1847.
Res pe , f
Rick Beeler •
cc: City Clerk
Planning Director
Mark Novack
RB:mlk
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CITY OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
STAFF REPORT
V) A. 84- 12 -UI, Marjon, Inc.
AGENDA ITEM
INTRODUCTION
On October 18, 1983, Marjon, Inc. applied for a business license to conduct retail
sales of concrete cement mixers at 1026 Industry Drive in the C -M zone (Attachment
A). Approximately one month later the Planning Department denied the business
license, however the applicant was inadvertently not notified until March 28,
1984. Staff denial was based on past consistent interpretations that cement
mixers more appropriately belong in the M -1 District. On April 10, 1984, Marjon,
Inc. filed a timely appeal of staff's interpretation to the Board of Adjustment
(Attachments B and C).
FINDINGS
1. The applicant last year established business at 1026 Industry Drive retailing
concrete cement mixers ranging in size from 2 3/4 cubic gas's to 15 cubic
'it yards -. The mixers are imported to the site in kits and assembled therein
(Attachments B and C).
2. TMC 18.38.020(1) specifies the permitted retail uses of the C -M District to be
those uses permitted in the C -2 Zone. Retailing activities contained in TMC
18.30.020 (C -2) do not contain sales of construction related equipment similar
to cement mixers.
TMC 18.40.020(11) (M -1 District) stipulates as a permitted use:
Sales and rental of heavy machinery and equipment subject to screening
requirements of Chapter 18.52.
Staff has in the past consistently interpreted "heavy machinery and equipment"
to be equipment which would normally be associated with the building
trades, construction industry or further manufacturing of products (not of the
normal hand - powered tool nature).
3. TMC 18.06 (Definitions) does not define heavy equipment, light equipment, or
equipment.
CONCLUSIONS
1. Admittedly the interpretation of staff is a fine distinction relying on
equally as fine a distinction of what constitutes "heavy machinery and equip-
ti„
Page -2-
BOARD OF ADJUSTMENT
84- 12 -UI: Marjon, Inc.
May 3, 1984
RB /blk
ATTACHMENTS
A - Business License Application.
B - Letter of Appeal dated April 5, 1984.
C - Marjon, Inc. Brochure.
D - Letter of April 13, 1984, from the Planning Department.
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ment" in TMC 18.40.020(11). Absence of assistance from TMC 18.06
(Definitions), staff has relied on the "permitted use" sections of the C -M and
M -1 districts. TMC 18.38.020(1) (C -M) incorporates C -2 and C -1 zone permitted
uses, which do not contain construction equipment other than hand tools one
person could obtain and carry from a hardware store. TMC 18.40.020(11) (M -1)
specifically includes any equipment one person could not carry by hand.
Therefore, staff concluded that cement mixers fall more appropriately and
clearly into the M -1 zone than the C -M zone permitted retail usage.
2. The staff interpretation maintains a definition of equipment allowed in the
C -M district to very light equipment which one person can carry or use in the
construction trades or home improvement. Including heavier types of equipment
or equipment that is more difficult to identify and /or define reduces the
level of predictability and consistency staff is able to achieve in the Zoning
Code. Staff's opinion is that an error in judgment, based on the aforegoing,
has not occurred, but is based on existing consistent policy and understanding
of the Zoning Code. Should the definition be expanded implications arise for
potential future retail uses in the C -M district, that heretofore were limited
to the M -1 district.
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CITY OF TUKWILA
NOTICE OF PUBLIC HEARING AND PUBLIC MEETING OF THE
TUKWILA BOARD OF ADJUSTMENT
NOTICE IS HEREBY GIVEN that the Tukwila BOARD OF ADJUSTMENT has fixed the
3 day of May, 1984 at 8:00 P.M. in City Council Chambers of Tukwila City.
Hall, 6200 Southcenter Boulevard, Tukwila, Washington, as the time and place.
for:
Public Hearings:
A. 84 -05 -V: Bon Marche (Allied Stores), variance of 3 feet from the side
yard building landscaping requirement of TMC 18.52.020 to widen the
existing pavement at 17000 Southcenter Parkway.
B. 84 -10 -V: Western Pacific Properties, variance of 15 feet from the
front yard landscaping requirement of TMC 18.52.020 to permit required
parking at approximately 5900 Southcenter Boulevard.
Public Meeting:
A. 84- 12 -UI: Marjon, Inc., appeal of the decision of the Planning
Department to deny a Business License on the basis of interpretation
of nonconformance with TMC 18.38.020.
Any and all interested persons are invited to attend.
Published: Record Chronicle April 22, 1984
*II LA
19 OS
•
s City Ci Tukwila
z
6200 Southcenter Boulevard
Tukwila Washington 98188
. 433 -1800
LICENSE DUE JANUARY'1 OR UPON OPENING DATE OF BUSINESS •
APPLICATION FOR: NEW BUSINESS LICENSE xX BUSINESS LICENSE RENEWAL
1.. NAME OF BUSINESS MARJON, INC.
2. LOCAL BUSINESS ADDRESS 1026 INDUSTRY DRIVE
3. COMPANY HEADQUARTERS
4. LOCAL MANAGER JANET MARX
Name
11. WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES?
CHECK NO. I0
CASH
DC NOT WRITE IN THIS SPACE
APPROVED BY: Mayor
Building Plann'no
Police •F'
DATE ISSUED
AMOUNT 50 • ?1.Z_
DATE )n -
BUSINESS LICENSE NC.
SIGNED
&Jusin ess
license
jipplication
11628 - 23RD. S.W. SEATTLE 98146 246 -9048
Residence Address Phone
5. CHECK WHETHER: INDIVIDUAL PARTNERSHIP CORPORATION XX
If INDIVIDUAL, list owner; if PARTNERSHIP, list partners; if CORPORATION, list officers.
In all cases, give title, residence address, and phone number of each.
RONALD L. MARX, PRESIDENT - 11628 23RD. S.W. - SEATTLE. 98146 - 246 -9048
THOMAS JOHNSTON, VICE - PRESIDENT - 1L919 165TH. PL. S.E. - RENTON 98056 - 255 - 8043
6. EXPLAIN TYPE OF BUSINESS OR SERVICE RENDERED (Retail, Wholesale, Office, Other)
RETAIL ^ Co N r " i - TE l I x e= 2S
7. SIZE OF PROPERTY: 2,400 .sq. ft. or acres SIZE OF ALL FLOOR SPACE YOU USE 2,400 sq.ft.
8a. TOTAL NO. OF FULL TIME EMPLOYEES AT TUKWILA LOCATION, INCLUDING MANAGEMENT 1
NUMBER IN EACH TYPE OF EMPLOYMENT: Retail Sales Manufacturing
Wholesale Sales Warehousing
Office . Other
. 8b. DO YOU HAVE PART TIME EMPLOYEES? Yes [ ] No [X] HOW MANY?
Retail Wholesale Manufacturing Warehousing . Other
9. ORIGINAL OPENING DATE OF BUSINESS IN TUKWILA OCTOBER 17, 1983 1982 LICENSE NO.
10. DO YOU USE, STORE, OR DISCHARGE FLAMMABLE OR HAZARDOUS MATERIALS? No
If so, please 'state materials & quantities
NO
Washington State'Gambling License Number Expiration Date
12. EMERGENCY PHONE NUMBER & CONTACT PERSON RONALD MARX 246 - 9048 or TOM JOHNSTON 255 - 8043
13. LICENSE FEE, BASED ON NO. OF FULL TIME EMPLOYEES INDICATED ON LINE 8A (check correct box)
[X] 0 -5, $50.00 [ ] 6 -100, $100.00 [ ] 101 & above, $200.00
** ** ** ** ** ** ** ** ** ** ** **
WASHINGTON STATE REGISTRATION NO.
2- 334981 -4
I' hereby certify that the statements
furnished by re on this application
are true and correct to the best of
my knowledge and belief.
TITLE / MAnager
DATE 1m.17-83
PHONE 575_420'7 •
April 5, 1984
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA
Attn: Rick Dealer
Be: Business License Application
Dear Mr. Dealers
Encl.
CC: Mark Novack
MARJON, INC.
1026 Industry Drive
Seattle, WA 98188
(206) 575 -4207
Sincerely
Janet Marx
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APR •? 0 1 1
94
PLAN NINC. DEPT.
On March 28, 1984 you informed me that Marjon, Inc. is being denied a
business license with the City of Tukwila. You stated that our business
does not conform to the existing zoning code because we are considered in
the heavy equipment category.
Marlon, Inc. is requesting an appeal to this staff interpretation for the
following reasons.
1. We are a very small operation with a warehouse and office consisting
of 2400 sq. ft. Our primary market is selling small concrete mixers
to homeowners.
2. The largest concrete mixer that we carry is a portable, 15 cu. ft.
mixer which is small by industry standards.
3. Except for our Home Mix Series, the mixers come completely assembled
and do not require any manufacturing on our part. Our Home Mix Series
requires only nut and bolt, hand assembling.
4. We have very little power equipment which we have not even used to date.
We plan on using it very seldom in the future.
I have enclosed a brochure which shows the mixers that we carry. If you or
any of your staff would like to take a look at our facilities, please contact
me and I would be happy to meet with you.
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FEATURES
HOME -MIX SERIES
• Reinforced drum opening.
• Heavy steel drum to minimize bumps
and dents.
• Motor cover to protect motor and drive
from mix and water.
• Quality finish for attractive appearance
and environmental protection.
• High torque, capacitor start motor with
precision shielded ball bearings and
thermal overload protection with manual
reset for optimum performance and safety.
• UL Approved electricals.
• V -Belt drive for long life, quiet running
and positive dependable performance.
• All bearings lubricated and sealed for
lifetime service.
• Low height for easier, faster loading
and dumping.
• Heavy steel frame with rubber tires for
portability — easily moved to desired
work area.
• Multi- position dumping handle.
&ARJON, INC.
1026 INDUSTRY DRIVE
SEATTLE, WA 98188
(206) 575 -4207
The Proven Performers Worldwide!
• Large replaceable paddles for fast,
thorough mixing.
• Reinforced drum base of heavy gauge
steel for long service life.
MODEL 125
2 Cubic Foot
Mixing Capacity
MARJON "Home -Mix" All- Purpose Mixers With Mixing Capacities From 2 To 4 Cu. Ft.
Heavy Duty Commercial Models Up To 11 Cu. Ft.
World's Most Popular Mixers For The "Do -It- Yourself" Market
These multi - purpose mixers are suited for a wide range of home, farm and light industrial applications.
Typical uses include: Mix cement, mortar, stucco, liquids, seed, livestock feed and fertilizer, wash root crops,
and tumble deburring small parts when mixed with sand or other abrasive media.
SAW/ ta r
•
Heavy Duty Concrete Mixers
Model Number
190
180
250
280
350
340
Drum Capacity (Max.)
Cu. Ft.
71/2
9
9
12
12
15
Mixing Capacity (Max.)
5
6
6
10
10
12
Electric Motor Single Phase
Hp.
1
1.2
1.2
1.7
1.7
Gas Engine
Hp.
2
3.5
Weight (Approx.)
Lbs.
270
573
550
750
600
800
A Height
Inches
54"
52"
48"
66"
57"
65"
B Width
34"
37"
40"
39"
37"
40"
C Length
60"
76"
75"
80"
77"
80"
MODELS 180 & 280
LARGE CAPACITY MIXERS
MODELS 250 & 350
;RR r o 1984
Cii Y Ur
PLANNING DEPT.
1
0
1908
City of Tukwila
April 13, 1984
JANET MARX.
Marjon, Inc.
1026 Industry Drive
Seattle, WA 98188
RE: Business License Application
Dear Ms. Marx:
When Mark Novack delivered your April 10, 1984 letter of appeal on this
matter I agreed to reevaluate staff's decision denying your use in the C -M
zone. This was done, and the department position remains unchanged.
Therefore, your appeal continues to be scheduled before the Board of
Adjustment on May 3. 1984., unless notified otherwise of a change of
schedule.
If you have questions please call me at 433 -1847.
Respectf 1
y -..
R ick Beeler
Associate Planner
RB /blk
cc: Mark Novack
6200 Southcenter Boulevard
Tukwila Washington 98188
Gary L VanDusen, Mayor