The URL can be used to link to this page

Home My WebLink AboutPermit 83-07-V - PACIFIC NORTHWEST BELL - UNDERGROUND UTILITY VARIANCE83-07-V MACADAM SOUTH 152ND STREET SOUTHCENTER BOULEVARD PACIFIC NORTHWEST BELL UNDERGROUND UTILITY VARIANCE City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 December 20, 1984 Don Aicher Pacific Northwest Bell 1600 Bell Plaza Room 2808 Seattle, WA 98191 Re: Extension of Variance 83 -7 -V. Dear Mr. Aicher: This letter is formal notification that on December 13, 1984, the Board of Adjustment approved an extension of the variance to January 9, 1984. On, or before that date the overhead wiring and telephone poles must be removed. Rick Beeler Associate Planner RB /blk City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor MEMORANDUM Board of Adjustment Rick Beeler, Secretary December 13, 1984 Pacific Northwest Bell Underground Utility Variance 83 -07 -V The Board of Adjustment on April 5, 1984, granted an extension of this variance application for a period terminating on December 1, 1984. To date the project of temporary Installation of overhead telephone cables on Macadam Road South is not completed. In the attached letter of October 25, 1984, Pacific Northwest Bell, requested an additional extension to February 1, 1985. Since the Board of Adjustment's decision on April 5, 1984, community interest increased in this application. In addition, Pacific Northwest Bell supplied additional material supporting the revised schedule and com- mitment of suppliers to delivery dates in order to construct the project as scheduled. The basis for the recent variance extension request to February 1, 1985, contains little information upon which to evaluate the request. Telephone conversations with the applicant indicate that most recent work on the pro- ject may facilitate removal of the overhead telephone line by the end of this year. Staff, in the attached letter of November 9, 1984, to the applicant requested additional information to substantiate the request and guarantee completion of the project. As of writing this staff report, this information has not been submitted, however the applicant has indicated some of the information may be available as of the time of mailing the report. Therefore, this information may be attached to this report if received by the time of mailing. This additional information is essential for the Board of Adjustment evaluation. In evaluation of the original extension request heard on April 5, 1984, staff deferred the decision to the Board of Adjustment without a recommen- dation since this issue continues to be a reflection of community values which the Board of Adjustment is charged with determining. It is clear that TMC 18.72.030 requires the Board of Adjustment evaluate the extension request relative to "...finding that there has been no basic change in per- tinent conditions surrounding the property since the time of the original Page -2- ' Board of Adjustment December 13, 1984 Pacific Northwest Bell Underground Utility Variance 83 -07 -V approval." This is the basis upon which the Board of Adjustment can approve or deny the requested variance extension. Exhibits 1 - Memorandum of March 30, 1984, to the Board of Adjustment 2 - Minutes of the April 5, 1984, meeting of the Board of Adjustment 3 - Letter of April 4, 1984, from Pacific Northwest Bell 4 - Letter of April 9, 1984, from the City of Tukwila 5 - Letter of April 11, 1984, from Pacific Northwest Bell 6 - Memorandum of May 7, 1984, from Western Electric Company 7 - Letter of June 4, 1984, from Southcenter View Condominiums 8 - Letter of July 10, 1984, from the Southcenter View Condominiums 9 - Letter of July 16, 1984, from the City of Tukwila 10- Letter of October 25, 1984, from Pacific Northwest Bell 11- Letter of November 9, 1984, from the City of Tukwila 12- Letter of December 6, 1984, from Pacific Northwest Bell 13- Explanation of WECo Dates 14- Pacific Northwest Bell's estimate schedule RB /blk (MEMO.PNB) SEATTLE CHERRY FIBER OPTICS This Jeopardy Report is issued to identify problems affecting the completion of AT &TT Order #05808 at Seattle Cherry. This order directly affects ATT-C DACS project systems to Sea -Tac Airport, growth projects at Sea - Tac Airport, and Special and POT services to Southcenter Shopping Mall. At present, direct interoffice facilities between Seattle Cherry and Sea - Tac are exhausted. PNB had previously applied for and received an extension on a variance with the City of Tukwila for temporary, alternate relief facilities using the firm schedule date of 8 -19 -84 originally issued by AT &TT. This date has now been missed. This Jeopardy Report is reissued to announce the fact that a job contact meeting was held between FMB Engineering and AT &TT Installation on August 23, 1984, the purpose of which was to negotiate equipment turnover dates and final job completion dates. Attendees: S. Y. Owens, Engineering Manager - IFCPC - North R. L. Taubenheim, AT &TT Orbit Supervisor M. D. Stoops, Engineer - IFCPC - North R. W. Flannery, AT &TT Installation Supervisor Negotiated Dates: 1 45 MBS portion of LTF - Tested 8/28/84 - Quality, week ending 9/8/84 Racabling two SLC - 96 bays - Awaiting connectors shipped 8/20/84 - Complete 9/17/84 Three new SLC -96 bays - Complete 10/7 /84 90 MBS portion of LTF - Complete 10/31/84 Job Completion - 10/31/84 The above dates have been accepted by IFCPC - North as a firm schedule. All affected projects will be rescheduled accordingly• The following equipment on AT &TT Order #05808 is required immediately to meet service requirements: 1 One LTV (fully equipped), 45 MB portions Three SLC -96 COTs Recabling three SLC -96 COTS All equipment has been ordered via TEO or TWX by PNB Engineering. A coor- dination meeting was scheduled and cancelled a week prior to job start date due to the inability of AT &TT installation forces to attend. Subsequent telephone conversations have not proven effective. Material additions late in the interval were also contributing factors. Responsible Districts AT &TT Department Chief Field Installation - L. A. Berta * ** *JEOPARDY REPORT * * ** NUMBER 1 August 23, 1984 Issue #1 September 4, 1984 Issue #2 10 GI/HStIM bid 91140 be /ii /Zi W. L. Roach District Engineer - IPCI'C North cc: R. I. Thieme, Jr. . R. P. Baker Answer Due Date: August 31, 1984 Report to: W.. L. Roach, District Engineer - IFCPC N, 206 - 345 -3770 or D. 0. Fairweather, Engineer - IFCPC N, 206-345-6247 or M. D. Stoops, Engineer IFCPC -N, 206- 345 -5096 Z0 01/HSUM Old 91120 1,8 /II /Z1 December 6, 1984 Rick Beeler Associate Planner City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 RE: Extension of Variance 83 -7 -V Your letter dated November 9, 1984 Dear Mr. Beeler: Pacific Northwest Bell 1984 Pacific Northwest Bell would again like to reiterate that we are making a con- certed effort to , complete this project in a timely manner. When we originally asked for a twelve month variance to place aerial facilities we had planned on beginning work in June, 1983. Due to delays in obtaining the fiber cable and end equipment we were not able to begin work on the aerial portion of this pro- ject until April, 1984. Even with these delays we expect our aerial plant to be removed within 10 months of when they were placed. We feel that we have not inconvenienced the citizens of the City of Tukwila any more than if the project had been completed during the original twelve month time frame. We would be happy to provide any information you require that is not of proprie- tary information to Pacific Northwest Bell. Attached ( #1) you will find a copy of a letter to me from Mr. Mark Stoops, Central Office Engineer explaining what Western Electric means by the terms they use for shipping. As you can see "ac- tual" does not necessarily mean what I thought I did. I am also attaching ( #2) a copy of the jeopardy notice issued on this job. Further than this I cannot provide copies of the receipts you asked for documenting the shipment dates but if you require we would be glad to provide you with a signed affidavit from Mark Stoops to verify the dates. You have copies of our original schedule showing the time frames required to com- plete certain portions of this project. We do not normally have this type of schedule. I am attaching ( #3) a copy of our estimate schedule. This project is identified by 8316691. We have four splicers working full time on this and ex- pect to complete copper splicing in eight working days (256 hours). Wrecking the cable and pulling in new fiber cable will take 3 working days (96 hours). Splicing and testing are scheduled for 4 days (96 hours). Transferring to the new underground fiber (2 days - 32 hours) and removal of aerial facilities will take 5 days and 160 hours. This schedule anticipates being complete in a total of 22 days or by January 9, 1985. 198 4 } CITY 01= In our original economic study, Pacific Northwest Bell looked at five alternative plans. All but one of them would have required an aerial variance. The fifth plan called for building conduit from S. 154th and 53rd Avenue S. under I -5 along Southcenter Blvd. to the bridge across I -405 at approximately 60th Avenue South. The plan chosen was the most economical (with a savings of $200,000) and it was also felt provided the least disruption to the City in terms of inconven- ience and the possible loss of revenue to merchants because of the traffic con- gestion for the two months it would take to build the conduit. We felt there would be less opposition to an aerial facility that might be an eyesore but would not cause the daily aggravation that the traffic congestion would cause. It is also our obligation to the entire state, not just the City of Tukwila, to provide service in the most economical manner. We discussed our various alternatives with Mr. Phillip Fraser, City Engineer prior to making a final decision and were told the City agreed with this assessment. In closing we also would like to state that when we asked for the first six month extension we felt we could accomplish the remaining work in that time frame. The whole technology of Fiber Optics is new to us and this is one of the first projects we have initiated to bring fiber into the community. Fiber Optics of- fer a whole new range of high tech service to the businesses located at the shop- ping center. Future projects will make these services available to other busin- esses adjoining the center. We have learned alot from this project that will help us avoid these problems on future jobs. We as a company have made every effort to finish this project and hope that the city will continue its patience with us for the short time remaining to completion. We would not like you to think, as the tone of your letter suggests, that we are acting in a negligent or irresponsible way towards your community. In the past and in the future we hope to work with the City of Tukwila to provide the telephone service your com- munity requires. Sincerely, Linda Henriksen Engineer Atta LEH:ck 2 „ Explanation Of WECo Dates Seattle December 64 1984 t Ship Date • Start Data • Complat:: Data "P” Planned , , PAGE 1 of 2 MEMORANDUM OR L. E. IIENR11 t211 1 UNION SIF.ATTLE kr; discuRed yostorday iA some k'.0. 4 t.:3 how tha (1teo on a We$ tern Elctrin Co. firia schedule nii:).1e1 intipretted There are thre terms nak to descrIb a. the stat of a given date. These ti a can have diiirent mcar.lass depn;ient on ,:be situation, The dateu ate tent on by rolFe‘ are the folloO.nA: is the 11f.e when the FIRST piece of equipment on a g job will bv: shipped, There no 7:oel guarantee wheA 7.11 the equipment for a given Job wii ship. 13 the date WECo will begin to move tools and people to the job aite. Thia 1.;.; not necessarily the date work w3.11 start on the job. Thts is the date the job is planna to eemcjete. WECc. cal(' move the complete date out at :11e1.17 ova dlecration. We have tha option tc X an offi.7:ial jeopardy notice if the new ,7,..omplete iu not acceptable. The problem with rhe officiel jeopurdy iu that it do.2 not aiway1:4 change thn complete date it most often uerves only to publicize the problem The termu used to atatna the above dates are ae follows: • .6 This tells us that activity is planned to take place on the given date. '27 4F ATTACHMENT #1 Affomr) inFc 7 1984 I cny PLANNING E 0 7 1984i CITY OF 1 LiKWILA PLANNING DEPT. F' ' • l,„ Firm ., �,. Actual ▪ This tells us the activity should take place on the given date. ▪ This tells the activity an deacrihed above has . completed o 1 hope this information will be of eome help to you. If you hsys. ar &l ( rthet questions feel .free to 'ra11. me as 345 -5096 , Mark. 13, Stcopr Pro,j t Engineer ATTACHMENT #1 PAGE 2 of 2 T 21' Je 1i ! 4ad •i r 0222 Iiilyd434 LoU SJH w 660 t'OOI **'d WO dind 5 J23 'Oo'd 01 •1s3 wJa j aid •JA •JA •V1 •JH •dS Sdd ( dOil s!4i MN I / y i sI E'S5 ac\� ern ' y ' d 3 °E .? f�►i 1 +. 9MI J)l • } S t VICA -1 c c ". is anal- ?C\ '?)3L\ -" °S •• Sc cs >> 1- 1 - 2+0 cr Zl.?33c 41 Soot a n ?(vn poly 9 rvi,)/7cIS A, uo a— MG" N 1. 9 •� A caul 6 1'12 0'1 •1oY •10V •mod •JA • siA cor s' 1L mid '41nY �l�l! . 4Y ; J ::r1 ,e1o toe °I 172 !7I -Hlrv5 : A'e'•714J _■ A , I , — ,., L. PO Gl :area anssi flQ dcol uorlolracaa 3Euist.;:a 11111'zrAL.,.."4 L....LIP 'TES L IVEECEIc:1 3E ' II S . Gl l I brill E% t3 fOi t1eums3 c to �- - e5ed `4a Mar. 1 Aor. (D 15 Year �4 May _n. Jul. Aug. Seo. I Oct. Nov. 1 Dec. 11 Jan. Feb. 1 Mar. Aor. Mav S — Submit I _ Cont. Const. A — Approval � ! Encirc!4 Gymt = Activity Comp!. M — Material Order MQ — Mat. Ord. Orwngs ; V - I Cable Placement P — Prints to Constr PC,- Contract Prts. 1 r , 4 MCrPULP 6- I> 1 �SA I l.� - - FT 11 IOC I A A 200 • Year (a;TAItt n1En 3 12/83 1 85 P 1 PE PRTL AItJA! Ettz C l ? O 51) PI "7" r ^411 l - 7cD i 771 9 1-? • PLr !,;'IN0 i....; t 47 City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 2 *ILA 1906 TO: FROM: DATE: SUBJECT: Gary L VanDusen, Mayor MEMORANDUM Board of Adjustment Rick Beeler, Secretary December 13, 1984 Pacific Northwest Bell Underground Utility Variance 83 -07 -V The Board of Adjustment on April 5, 1984, granted. an extension of this variance application for a period terminating on December 1, 1984. To date the project of temporary installation of overhead telephone cables on Macadam Road South is not completed. In the attached letter of October 25, 1984, Pacific Northwest Bell, requested an additional extension to February 1, 1985. Since the Board of Adjustment's decision on April 5, 1984, community interest increased in this application. In addition, Pacific Northwest Bell supplied additional material supporting the revised schedule and com- mitment of suppliers to delivery dates in order to construct the project as scheduled. The basis for the recent variance extension request to February 1, 1985, contains little information upon which to evaluate the request. Telephone conversations with the applicant indicate that most recent work on the pro- ject may facilitate removal of the overhead telephone line by the end of this year. Staff, in the attached letter of November 9, 1984, to the applicant requested additional information to substantiate the request and guarantee completion of the project. As of writing this staff report, this information has not been submitted, however the applicant has indicated some of the information may be available as of the time of mailing the report. Therefore, this information may be attached to this report if received by the time of mailing. This additional information is essential for the Board of Adjustment evaluation. In evaluation of the original extension request heard on April 5, 1984, staff deferred the decision to the Board of Adjustment without a recommen- dation since this issue continues to be a reflection of community values which the Board of Adjustment is charged with determining. It is clear that TMC 18.72.030 requires the Board of Adjustment evaluate the extension request relative to "...finding that there has been no basic change in per- tinent conditions surrounding the property since the time of the original RB /blk (MEMO.PNB) Q age -2- Board of Adjustment (' December 13, 1984 Pacific Northwest Bell Underground Utility Variance 83 -07 -V approval." This is the basis upon which the Board of Adjustment can approve or deny the requested variance extension. Exhibits 1 - Memorandum of March 30, 1984, to the Board of Adjustment 2 - Minutes of the April 5, 1984, meeting of the Board of Adjustment. 3 - Letter of April 4, 1984, from Pacific Northwest Bell 4 - Letter of April 9, 1984, from the City of Tukwila 5 - Letter of April 11, 1984, from Pacific Northwest Bell 6 - Memorandum of May 7, 1984, from Western Electric Company 7 - Letter of June 4, 1984, from the Southcenter View Condominiums 8 - Letter of July 10, 1984, from the Southcenter View Condominiums 9 — Letter of. July 16, 1984, from the City of Tukwila 10- Letter of October 25, 1984, from Pacific Northwest Bell 11- Letter of November 9, 1984, from the City of Tukwila 12- Letter of December 6, 1984, from Pacific Northwest Bell 13- Explanation of WECo Dates 14- Pacific Northwest Bell's estimate schedule N. 190 November 9, 1984 Linda Henriksen Engineer Pacific Northwest Bell 1211 East Union St. Seattle, WA 98122 Re: Extension of Variance 83 -7 -V Dear Ms. Henriksen: City of Tukwila • 6200 Southcenter Boulevard Tukwila Washington '98188 Gary L VanDusen, Mayor Your letter of October 25, 1984, greatly disappoints City staff and will further exercise many residents adjacent to this project. Every assurance was given that the project would be completed by the December 1, 1984, deadline imposed by the Board of Adjustment. Most particularly we find it disconcerting that on May 14, 1984, we received a WECO memorandum and note from you stating the equipment was shipped and the project was on schedule. This is the same equipment your letter of October 25, 1984, claims was not actually shipped but was received in September. Please recall that City staff and the Board of Adjustment were not comfor- table with the prior extension. Another request for an extension will be closely scrutinized and require substantial documentation and information on your part. The minimum information we will require is: 1. Copies of all receipts and correspondence documenting delay of shipment and receipt of WECO equipment. 2. Compilation of work orders, project status reports, projects schedules (including revised), or other similar documents demonstrating time spent on the project. 3. Complete written explanation of the cause for delay based on the aforegoing. 4. Complete analysis of alternative routes and methods for the project including costs and monthly schedule. Page -2- Linda Henriksen t t r November 9, 1984 is Beeler Associate Planner RB /blk cc: Mayor Marilyn Steiger Planning Director City Council 5. Firm estimates of the total cost of complete the project after December 1, 1984. 6. An assignment of Funds for the amount of 150% of the aforementioned cost. 7. Firm weekly schedule for completion of the project on the basis of all regular time and maximum manpower application (overtime - maximum effort). On December 1 1984, the Board of Adjustment will meet to consider your extension request. Therefore, the above information must be submitted to this office by November 19, 1984, for the necessary review and incor- poration into an staff report and recommendation to the Board. If the tone of this letter seems firm, please understand the appearance Pacific Northwest Bell is projecting in this project. Normally, the infor- mation requested herein is not needed. In this instance the record PNB has established causes us to require this information in order to document your claims and nail down completion of the project. Alot of community interest and examination by the Board of Adjustment can be expected on December 1, 1984. Please be advised that you alone bear the burden of proof in this matter. The information requested is our assistance to help you in that effort. Respectf 11 October 25, 1984 Sincerely, Linda Henriksen Engineer LEH:ck i 1984 PLANNINC DENT Pacific Northwest Bell Mr. Rick Beeler City of Tukwila 6200 S.C. Blvd. Tukwila, Washington 98188 Pacific Northwest Bell was granted an extension of a variance (83 -7 -V) to place temporary aerial facilities within the City of Tukwila with the intent that these temporary facilities would be replaced with under- ground by November 1, 1984. We regret that we have to ask for an extension of the variance until 2 -1 -85. We are requesting this extension for many of the same reasons stated before. Western Electric did not meet their July 5th commitment to provide us with required terminating equipment. The equipment was received in September and is now up and running. We are now in the process of cut- ting the working lines at Southcenter to the new fiber system and are about two - thirds complete. The remaining one -third are design circuits and require negotiating with each customer for down time to cut the cir- cuit to the new system. We expect that all circuits will be cut by Dec. 1, 1984. At that time we will require 30 days to complete additional splicing in order to vacate the underground conduit, then 15 days to pull in and splice the new fiber cable and 15 days to remove the aerial fiber and temporary pole structure. We wish you to know we did not treat our November 1st due date lightly and have done our utmost to complete this project in a timely manner in order not to inconvenience the City by needing to request this extension. We would appreciate your consideration in this matter and need to have this request brought before your board at your earliest convenience. 1908 ;s City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor BOARD OF ADJUSTMENT Minutes of the August 2, 1984 meeting. The meeting was called to order at 8:05 p.m. by Chairman Goe. Other members of the Board present were Mrs. Regel and Mrs. Wheeler. Representing staff was Rick Beeler, Planning Department. APPROVAL OF MINUTES The minutes of the April 5, and May 3, 1984 meetings were approved as read. PUBLIC HEARINGS 84 -05 -V: Bon Marche (Allied Stores), variance of 3' from the side yard landscaping requirement of TMC 18.52.020. Mr. Beeler stated the applicant had requested withdrawal of the application and would be submitting landscaping plans in conformance with the Zoning Code. 84 -24 -V: H.M. Shepard, variances of 4' from the front yard building setback and 5' from the rear yard building setback of TMC 18.50.020 and the non - tandem parking requirement of TMC 18.56.040(4)(A). Mr. Beeler reviewed the staff report. Chairman Goe opened the public hearing. Mr. H.M. Shepard presented the application and similar circumstances of adjacent and nearby properties. The ability to subdivide the property was precluded by building setbacks of the Zoning Code. Alternative site plan configurations regarding compliance with parking and building setback requirements were discussed. Mr. Shepard requested post- ponement of the Board's decision in order to discuss alternatives with staff. Chairman Goe continued the item to September 6, 1984 at 8:00 p.m. for consideration on the regular agenda. 84 -25 -V: Meyer Sign Co., variance from TMC 19.32.150 to permit a tenant sign on an existing freestanding Pavilion Outlet Center shopping center identification sign. Page -2- Board of Adjustment Minutes August 2, 1984 • Mr. Beeler read the staff report. Chairman Goe opened the public hearing. Cindy Ness, Meyer Sign Co., reviewed the application and reasons for the Pavilion Outlet Center giving special consideration to the Marshalls department store, the new "anchor tenant" of the shopping center. She expressed an alternative sign, "Marshall's Pavilion Outlet Center," could replace the existing Pavilion Outlet Center freestanding identification sign. Discussion occurred of the advertising method and impact for the new Marshalls store, the existing site plan and building layout of the Parkway Plaza and Pavilion Outlet Center developments, and traffic along Southcenter Parkway and So. 180th Streets. Chairman closed the public hearing. MRS. WHEELER MOVED THAT THE GRANTING OF THE VARIANCE WOULD BE A SPECIAL PRIVILEGE AND WOULD BE INCONSISTENT WITH THE SIGN CODE AND WOULD GRANT A SPECIAL PRIVILEGE SINCE THIS IS A MALL. MRS. REGEL SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. MRS. REGEL MOVED THAT THE VARIANCE IS NECESSARY BECAUSE OF SPECIAL CIRCUMSTANCES RELATING TO THE SIZE, SHAPE, TOPOGRAPHY, LOCATION OR SURROUNDINGS OF THE SUBJECT PROPERTY 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 MOTION DIED FOR LACK OF A SECOND. MRS. WHEELER MOVED THAT THE VARIANCE IS UNNECESSARY BECAUSE OF SPECIAL CIRCUMSTANCES, BECAUSE IT APPEARS TO BE A SPECIAL PRIVILEGE THAT OTHER APPLICANTS DO NOT HAVE. SIZE, SHAPE, AND TOPOGRAPHY HAVE NOTHING TO DO WITH THE VARIANCE. MRS. REGEL SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. MRS. WHEELER MOVED THAT GRANTING OF THE VARIANCES WOULD NOT BE DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO PROPERTIES. MRS. REGEL SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. MRS. WHEELER MOVED THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES PROMPTING THE VARIANCE DID NOT RESULT FROM THE ACTIONS OF THE APPLICANT. IT IS PRE - EXISTING BEFORE THE APPLICANT CAME. MRS. REGEL SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. MRS. WHEELER MOVED THAT THE VARIANCE GRANTED REPRESENTS THE LEAST AMOUNT OF DEVIATION FROM THE PRESCRIBED REGULATIONS. MRS. REGEL SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. MRS. WHEELER MOVED THAT THE GRANTING OF THE VARIANCE SHALL RESULT IN GREATER CONVENIENCE TO THE PUBLIC IN IDENTIFYING THE BUSINESS LOCATIONS FOR Page -3- Board of Adjustment Minutes August 2, 1984 • WHICH THE SIGN CODE VARIANCE IS SOUGHT. MRS. REGEL SECONDED THE MOTION WHICH WAS APPROVED UNANIMOUSLY. MRS. REGEL MOVED THAT THE GRANTING OF THE VARIANCE WILL NOT CONSTITUTE A PUBLIC NUISANCE OR ADVERSELY AFFECT THE PUBLIC SAFETY. MRS. WHEELER SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. Chairman Goe declared the variance had not passed. MRS. REGEL MOVED THAT THE VARIANCE BE DENIED BASED. UPON THE CRITERIA APPROVED. MRS. WHEELER SECONDED THE MOTION WHICH WAS APPROVED UNANIMOUSLY. COUNCIL ACTIONS Me. Beeler briefly reviewed the Council's consideration of revisions to the City's environmental ordinance. He reviewed the status of the Urban Design Study Phases I and II. The Pacific Northest Bell variance, public hearing concerns were summarized relative to requested input from adjacent resi- dents. OTHER BUSINESS Chairman Goe requested that staff check the City Attorney on the variance ' criteria relative to procedure if the first variance criteria is found in the negative. ADJOURNMENT The meeting was adjourned at 11:25 p.m. TUKWILA BOARD OF ADJUSTMENT Rick Beeler Secretary RB /blk (MNTBOA.AUG) City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Minutes of the September 6, 1984 meeting. The meeting was called to order at 8:00 p.m. by Chairman Goe. Other members of the Board present were Mrs. Regel, Mrs..Altmayer, and Mrs. Wheeler. Representing staff was Rick Beeler, Planning Department. APPROVAL OF MINUTES Mr. Beeler announced that minutes of the previous meeting were not available. CITY COUNCIL ACTIONS Mr. Beeler breifly reviewed the status of the revisions to the City's environmental ordinance, the Metro Transit Center project, and the City Attorney's recent opinion that the Board of Adjustment must find all of the variance criteria in favor of an application in order to grant a variance. PUBLIC HEARINGS 84 -24 -V: H.M. Shepard, requesting a variance 4' from the front yard building setback, a variance of 5' from the rear yard building setback of TMC 18.50.020 and /or non - tandem parking requirement of TMC 18.56.040(4)(A). Chairman Goe briefed the Board on the results of the prior meeting. Mr. Beeler summarized the addendum of the previously issued staff report. Chairman Goe opened the public hearing. Mr. Shepard stated his experience with traffic circulation and that the proposed design was selected from stock plans before purchasing the.pro- perty. Discussion of the easterly multi - family development was discussed as well as options available to the applicant. The public hearing was closed. BOARD OF ADJUSTMENT , Page -2- Board of Adjustment Minutes September 6, 1984 The Board discussed the variance options. Mr. Shepard concurred with staff that the revised finding number three represented the intended amended variance request to be: 1. 3' variance from the 30' front yard building setback. 2A. A 5' variance from the front yard landscaping requirement, or 2B. 2 parking stall variance from the parking requirements. This amendment to the staff report was made by Mr. Beeler. The meeting was recessed for 10 minutes. Chairman Goe reconvened the meeting. Design options available to the applicant were discussed. MRS. REGEL MOVED TO ACCEPT THE VARIANCE CRITERIA NUMBER ONE (TMC 18.72.020(1)). MRS. WHEELER SECONDED THE MOTION WHICH PASSED 2 -1. MRS. WHEELER MOVED IN FAVOR OF VARIANCE CRITERIA NUMBER TWO (TMC 18.72.020(2)) "...BECAUSE OF SPECIAL CIRCUMSTANCES 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 ZONING IN WHICH THE SUBJECT PROPERTY IS LOCATED." MRS. REGEL SECONDED THE MOTION WHICH FAILED UNANIMOUSLY. MRS. ALTMAYER MOVED TO APPROVE THIS CRITERIA (TMC 18.72.020(3)). MRS. REGEL SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. MRS. ALTMAYER MOVED IN THE AFFIRMATIVE ON THIS CRITERIA (TMC 18.72.020(4)). MRS. WHEELER SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. MRS. ALTMAYER MOVED AGAINST THAT CRITERIA (TMC 18.72.020(5)). MRS. WHEELER SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. MRS. ALTMAYER MOVED BASED ON CRITERIA TWO AND FIVE THAT THE VARIANCE REQUEST BE DENIED. MRS. REGEL SECONDED THE MOTION WHICH PASSED UNANIMOUSLY. OTHER BUSINESS Mr. Beeler reviewed the September 18, 1984, seminar on land use planning and requested the Board members interested to contact the Planning Department by September 10, 1984. Variance application revisions were discussed for future staff's analysis. , Page -3- Board of Adjustment Minutes September 6, 1984 The Board discussed the procedure of making motions on variances and concluded that an affirmative motion in favor of the variance should be entered first. MRS. REGEL MOVED TO EXCUSE THE ABSENCE OF MRS. WHEELER FROM TONIGHTS MEETING. MRS. WHEELER SECONDED THE MOTION WHICH WAS APPROVED WITH ONE ABSTENSION. MRS. WHEELER MOVED TO EXCUSE MRS. HARRIS AND MRS. ALTMAYER FROM THE AUGUST 2, 1984 MEETING. MRS. REGEL SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. Due to other commitments the Board decided to meet on October 11, 1984 instead of the regular meeting of October 4, 1984. ADJOURNMENT The meeting was adjourned at 10:45 p.m. TUKWILA BOARD OF ADJUSTMENT Rick Beeler Secretary RB /b l k (MNTBOA.SEP) City c,f Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 MARILYN- STEIGER 15280 Macadam Rd.' So. #E-206 Tukwila, WA 98188 July 16, 1984 Dear Ms. Steiger: As per your request, I am, again, responding to several issues related to Macadam Road and the installation and removal of the unsightly telephone poles on Macadam Road that have been raised by you. My staff and I have attempted to respond to all questions, and I agree that many answers are incomplete or at least not satisfactory in solving the condominium owner's problems. 1 am writing.to each of you personally in the hope of clarifying the issues as best I can, and more importantly, to let you know you have legitimate rights as. citizens of Tukwila to ask these questions and expect answers and a 'response to same. A principle 'cause of this conflict has been communication difficulties between a number of parties including the City, its agents, and its citizens. I agree with you that good communications between the parties would have lessened the anger, surprise and frustration. The size . and location of Tukwila prevents the normal means of media communication to be present. We have no real newspaper, radio or television coverage to keep the average citizen abreast of daily City operations and issues at City Hall. We have attempted to fill this gap by letters, circulars, The Hazelnut, and news releases, but they are often inadequate. We are aware of your concerns. We are attempting to do our best to solve them. We were requested to provide 'historical information relating to construction and maintenance on. Macadam Road. I can only state, after exhaustive research, that we can provide only limited records. We can only find and state the following: 1. Macadam Road from Southcenter Boulevard was designed and constructed in conjunction with Interstate 5, 1962 -1965. 2. The original construction is the current improvement - -no overlays or seal coats have been applied. 3. On, as needed basis, the City has applied asphalt patching.and maintenance to the shoulders. • MARILYN STEIGER • July 16, 1984 Page 2 • 4. Other routine maintenance such as striping, brush control, ditch cleaning and shoulder mowing are accomplished on a routine basis. 5. The construction plans and specifications for Macadam Road improvements have been accomplished. The project will include widening, curbs, gut- ters, sidewalks, undergrounding and storm drains. 6. The City Council has adopted a six year transportation improvement plan which includes: A. Southcenter Boulevard to 150th during 1986 budget year. 6. 150th to 144th during 1987 budget year. The problem with the telephone poles will have no simple solution. As I • understand the situation, the telephone company requested a variance from the Board of Adjustment to install temporary poles to enable them to remove and replace underground •cable. New state -of- the -art cable was required for addi- tional service requirements in the Southcenter area. Traditionally, the applicants for these variances are required to provide staff of all owners of record within 300 feet of the proposed action. These adjacent property owners are sent a special not ice of the meeting in addition to the general legal notice which appears in the paper. In your case, the property owner of record was notified which was the developer. I am directing staff .to make changes in the 'case of condominium situations. After five years of individual ownership, I do not know at this time why your taxes are being paid by the developer. Our limited staff must take certain information as fact for we are unable to verify everything. Under City code the actions of the Board of Adjustment are final and conclu- sive after ten days have elapsed for appeals. The appeal is also not to the Mayor or City Council, but to the Superior Court. .I have limited actions I can use when dealing with the Board of Adjustment and that being mainly in my appointive powers. The Board of Adjustment is composed of citizens who use objective criteria tp evaluate a proposal. the Board was created to take the politics out of the review process. The Board gave an extension for the telephone poles until December 1, 1984, and, hopefully, they will have new equipment and repairs complete by then. In a final statement, I.can only offer my services or any of my staff to meet with you personally or at one of your meetings to assure you that we are responsive and give equal weight to all our citizens. GLV /co STET -16. Sincerely yours, Gary L. Van Dusen Mayor The Honorable Gary L. VanDusen, Mayor City of Tukwila 6200. Southcenter Boulevard Tukwila, WA 98188 Dear Mr. VanDusen: July 10, 1984 RECEIVED JuL 1 1 1984 Thank you for your letter dated June 14, 1984. We are extreme dissapointed and dissatified with the results of your investigation regarding the 'temporary' poles installed along MacAdam Road S. It is deplorable, that Southcenter View Condominiums have been in the City of Tukwila, under individual ownership for 5+ years and the city has no current list of owners. Strange, that the city had no problem identifying owners when they wanted to collect for the infamous LID 30! Althought, I do recall some problems relative notification of meetings prior.to levying the assessment. Bunk! to the excuse that'the developer /owner's address was the only address available to the staff'! Corrective action will be appreciated. Please add my name and address to the (previously unknown) "public hearing" list. At the City Council meeting of June 4, 1984, I- requested information as to the operation of the Board of Adjustment, and.how to appeal their actions. I feel that they made a decision, based on incomplete information and therefore should reconsider. I see no indication in your letter that the 'board' was contacted, as was my request. Removal of these unsightly poles is a priority item with our owners. Please supply the information requested, as we have little confid- ence in your statement that the poles will be removed in October; if not, then what? As a postscript to my June 4th letter, I mentioned the lack of responseto two earlier requests for.information. I will appreciate you using your influence • to have them answered in time for discussion for at our next Board of Director's meeting, which will be July 18, 1984. In closing, I must state that with the marked exception of the Tukwila Police and Fire Departments, I find City of Tukwila unresponsive to the concerns of our condominium. Further, that the city management should take another look at the status of condominiums in the city. We represent in excess of one - quarter of Tukwila residents; we are all single family residences, individually owned, individual voters and taxpayers with concerns as individuals, having expectations and rights to responsive and effective city management. Thank you for your consideration in the matters. Your written response by July 16, 1984 will be appreciated. Very truly yours Marilyn S eiger, P,f sident Board o irectors Southcenter View Condominium 15280 MacAdam Road S. Apt E -206 Tukwila, WA 98188 � s ue , City of Tukwila 0 % 6200 Southcenter Boulevard J Tukwila Washington 98188 ' 1908 June 14, 1984 Gary L VanDusen, Mayor MS. MARILYN STEIGER, PRESIDENT Board of Directors Southcenter View Condominiums 15280 Macadam Road, E -206 Tukwila, WA 98188 RE: PNB Variance Extension - 83 -7 -V Dear Marilyn: My staff has explained to me the situation surrounding your not being notified of the April 5, 1984, Board of Adjustment meeting on this variance extension. Frankly, we dropped the ball on getting your concerns to the Board for consideration. We apologize for this oversight, and I will be making appropriate correc- tions. Somehow your February 27, 1984, letter and comments did not get relayed to the Board of .Adjustment. While a public hearing was not required or held, staff used the existing public hearing mailing list to notify property owners. This was not required but was staff's attempt to keep the neigh- borhood informed. In your instance, the developer /owner's address was the only address made available to the staff. Your concern, per your letter, had not been passed along to the appropriate staff person. Therefore, you weren't personally notified. Staff recently spoke with PNB staff and the poles will be removed' in October. Ironically, the delay from the original June deadline was due to the delivery of the needed sophisticated fiber - optics switching equipment being delayed due to demand for the same at the Los Angeles Olympic Games. But now we have commitments from PNB and its suppliers to the scheduled completion of the project. If you need more information on PNB's project call Rick.Beeler at 433 -1847. Sincere' sen, Mayor VD /blk cc: Public Works Department Planning Department Board of Adjustment City f Tukwila . 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor Ms. Marilyn Steiger, President Board of Directors Southcenter View Condominiums 15280 Macadam Road, E -206 Tukwila, WA 98188 June 6, 1984 Dear Marilyn: • The situation you described at last Monday night's Council meeting is unfortunate. •I am requesting my staff to provide me a full report on the circumstances dealing with the variance extension and why your protest was not included. I am concerned with these problems of communication. I intend to make . necessary corrections so the same situation does not occur in the future. I will be in touch with you in the near future for a more detailed explanation on the matter. GLV:ELC cc: Public Works Department Planning Department Since ri1v efte r nD -sen, Mayor Mayor VanDusen/ Members of the City Council City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Sirs /Mesdames: June 4, Re: MacAdam Road South I attended the City Council meeting of February 27, 1984 and presented a letter protesting the installation of unsightly utility poles along-MacAdam Road S. and was advised by Mr. Sneva, Public Works Director, that a temporary permit (90 days) was issued to Pacific NOrthwest Bell in order for them to 'retrofit' underground cables. The permit was to expire on June 1, 1984 and the poles would be removed by that date. I shared that information with the other irate owners and residents of Southcenter View Condominiums. Today, as the irksome poles are still standing, I made a follow -up telephone call and was advised that the 'Board of Adjustment' had issued an extension to Pacific NOrthwest Bell until December 30, 1984! While at your meeting of February 27, 1984, I commented that perhaps communication between the city and affected (afflicted ?) parties would have lessened the anger, surprise, frustration, etc. Now, I find that even after registering the protest, . an extension was granted, still with no communication to residents. Was the "Board of Adjustments' aware of our protest and /or your commitment? I am now requesting that you direct the 'Board of Adjustment' to review their decision to extend the permit to December 30, 1984 and instruct Pacific Northwest Bell to complete their work and remove the temporary poles no later than June 30, 1984. In view of the disappointing results of my earlier request, I feel it necessary to ask for a written response to this letter. Thank you for your consideration in these matters.* Very truly yours, Marilyn S ger, Presiant Southcenter View Condominiums Board of Directors Regarding the matter of communication, I wrote a letter of concerns relative to the planned development on 152nd Avenue South on March 4, 1984 and have had no response; on April 13, 1984, I requested information regarding maintenance history -'7 of MacAdam Road and dates of Capital Improvement Budget Hearings by telephone � from Mr. Sneva and have heard nothing. 19(iTeR pR(b.Su 'Of) IA WECo Dates On Seattle Cherry Lightguide Equipment Seattle May 7, 1984 MEMORANDUM FOR: LINDA HENRIKSEN The following dates have been committed to by the Western Electric Company for the 45 mBit equipment at the Seattle Cherry central office: Ship - 4 -28 -84 Actual Start - 5 -21 -84 Firm Comp - 7 -15 -84 Firm Svc - 7 -15 -84 Firm If I can be of any further assistance feel free to call me. Mark D. Stoops Project Engineer MDS:unix cc: J. Canzona (WECo) ----.\\ C 174 (`r n WI f, r 1 I (,'9 Ay ,_ 4 1984 4 . ! i t ] G, t t..! f'.� ti..r� .....J 1 �LA JPs_ ;( �D1:=1.....__ • April 11, 1984 Mr. Rick Beeler City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa. 98188 Dear Mr. Beeler: • Pacific Northwest Bell [119Tri's liffr APR 1 '3 1984 PLANNING DEPT. In response to your letter of April 9, 1984 I have attached a "re-construction" of the original construction schedule for the South Center Fiber Optic work order. We are in the process of procuring a written statement from Western Electric and will forward it when we receive it. This may be two or three weeks. Sincerely, 7 r - e;Wild-O - K/ Linda E. Henriksen 1211 East Union St. Seattle, Washington 98122 LEH:ck • "•,"•''; Schedule (as of 8 -83) 1. Cable Order 8 -83 2. Cable ship 11 -10 -83 (from Western Electric) 3. Trunk group to have all trunk pairs cleared by 11 -15 -83 4. Splicing to transfer and remove Load Coil Cases 11 -16-- 5. Temporary aerial cable to be placed month of December 6. Pulling crew to wreck cable, pull in new inner duct and 12 -14 -83 to 12 -29 -84 7. Splice Fiber Cable 1 -3 -84 to 1 -16 -84 8. Testing 1 -17 -84 to 1 -26 -84 9. Central Office Equipment installed and 10. Transfer working lines at South Center 11. Wreck cable I -5 to South Center Bridge 12. Pull new inner duct and cable 4 -9 to 4 -13 -84 13. Splice Fiber 4 -16 -84 to 4 -20 -84 14. Test 4 -23, 4 -24 -84 15. Transfer to new U.G. Fiber 4 -25 - 5 -4 -84. 16. Test 5 -7 and 5 -8 -84 17. 5 day "cushion" 18. Remove temporary aerial fiber 5 -16 - 5 -30 -84 nrR 1 3 1984 I c: I r r ri'..., Pl_ANNfNC DEPT. 12 -13 -83 fiber cable tested 1 -27 -84 to 2 -10 -84 to Fiber Equipment 2 -13 -84 to 3 -23 -84 3 -26 -84 to 4 -6 -84 X14 L4 190S : sti City of Tukwila April 9, 1984 LINDA HENDRICKSEN Outside Plant Engineer Pacific Northwest Bell 1211 East Union Street Seattle, WA 98122 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor RE: Extension of Variance 83 -07 -V Dear Ms. Hendricksen: This letter is formal notification that the City of Tukwila Board of Adjustment on April 5, 1984 granted extension of the existing variance application 83-07-V for a six month period terminating on December 1, 1984. The Board also requested submission of the following: 1. The original schedule in comparison with the proposed revised schedule. 2. The reasons for the schedule change. 3. A commitment by suppliers of the material and delivery date. 4. The reasons for the difficulty in obtaining the required construction material. Your letter of April 4, 1984 answers some of these requirements and may only need to be supplemented with additional information in order for the Board of .Adjustment's action to be completed. This action. of the Board is final unless appealed to the King County Superior Court by April 15, 1984 per Tukwila Municipal Code Section 18.90.030. If you have any questions please call me at 433 -1845. Respec 1 Rice er Assodiate Planner RB /blk cc: Phil Fraser, Senior Engineer Brad Collins, Planning Director *ILA 4 City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 19 OS Gary L VanDusen, Mayor BOARD OF ADJUSTMENT Minutes of the April 5, 1984 meeting. The meeting was called to order at 8:04 p.m. by Chairman Goe. Other members of the Board present were Mrs. Regel, Mrs. Harris and Mrs. Altmayer. Mrs. Wheeler was absent due to vacation. Representing City staff was Rick Beeler, Planning Department. APPROVAL OF MINUTES The minutes of the December 1, 1983 meeting were approved as read with Mrs. Harris obstaining due to not being on the Board at the time. CITY COUNCIL ACTIONS Mr. Beeler briefly reviewed the items the City Council was considering, particularly the Urban Design Study. PUBLIC HEARINGS 83 -07 -V: Pacific Northwest Bell,' requesting extension of a variance to install temporary overhead telephone cables on Macadam Road S. bet- ween Southcenter Blvd. and S. 144th St. Mr. Beeler presented the staff report and letter of April 4, 1984, from Pacific Northwest Bell outlining the reasons for the request for the exten- sion and a revised schedule for completion of the work. Public notice requirements were discussed, concluding that TMC 18.72.030 does not require a public hearing. Mr. Beeler indicated that the mailing list from the original hearing on the previously granted variance was uti- lized and notice was placed in the paper. Linda Henriksen, Pacific Northwest Bell, explained the delay in completion of the project originally scheduled for June 1, 1984. The revised schedule was reviewed and the company's commitment to complete the project. Undergrounding of the fiber optics system will occur in existing city streets other than along Macadam Rd. where the temporary overhead lines will be removed in October, 1984. The consensus of the Board was that con- ditions had not changed relative to the variance. Page -2- Planning Commission Mmutes April 5, 1984 MRS. ALTMAYER MOVED IN LIGHT OF TMC 18.72.030 AND IN VIEW OF NO EVIDENCE GIVEN TO INDICATE A CHANGE IN CONDITIONS, THAT THE VARIANCE BE EXTENDED FOR A SIX MONTH PERIOD TO DECEMBER 1, 1984, AND IN COMPLIANCE WITH STAFF'S REQUESTED SUBSTANTIATION ITEMS 1 THRU 4. MRS. REGEL SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. Ms. Henriksen requested that the extension be to January 1, 1984, in view of problems that the company had experienced with the supplier of the fiber optics terminal equipment. This request was not considered by the Board. The meeting was adjourned at 9:20 p.m. TUKWIL i 1 • ick Beeler Secretary RB/blk (MNTS.BOA) 0 OF ADJUSTMENT 1. Water C.I.P. Projects - The Committee reviewed the draft 1985 -1990 program and discussed changes to same projects, continued the discussion to the next meeting at which time prioritization of water projects would continue. 2. Sewer C.I.P. Projects - The Committee reviewed the draft 1985 -1990 program and discussed changes in some of the projects, continued the discussion to the next meeting at which time prioritization of the 1985 -1990 program will continue. '3. Pacific Northwest Bell /Southcenter Fiberoptic Program in Macadam Road and Southcenter Boulevard - Per the attached 4/4/84 letter fran Linda Hendrickson of PNB, a time extension of 5 months to 11/84 is requested by PNB due to conflict :.in ordering fiberoptics due to large Drders..of fiber- terminating equipment being required for the summer olympics. Rick Beeler of the Planning Department said thi matter was being brought forward to the Board of Adjustment meeting 4/5/84 at 8:00 pm for consideration. Councilman Bauch requested a review of the Council minutes by the City Clerk to determine prior Council input on this issue. Those in attendance were: Councilperson E. Bauch Councilperson C. Simpson City Clerk, Maxine Anderson (item #3 only) Rick Beeler (item #3 only) Phillip Fraser Ted Freemire Attachments - 4/4/84 PNB Letter UTILITIES CON'MIrrrh MEETING MINUTES Meeting Date 4/5/84 April 4, 1984 Dear Mr. Beeler: Sincerely, LH /ck Mr. Rick Beeler City Of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 The reasons for the time extension are as follows: Linda Henriksen Outside Plant Engineer Pacific Northwest Bell 1211 East Union St. Seattle, Washington 98122 1984 Pacific Northwest Bell CH c u; :t ,..',..:..r; Cr: Dt PT In response to your letter received April 3, 1984 we are attaching a con- struction schedule for our Southcenter Fiber Optic work order. Because of the short time frame you have given us to provide this information (your letter was received 4 -3 and required our written response by 4 -4) we were unable to get written confirmation from Western Electric concerning their commitment to provide Pacific Northwest Bell with Central Office equipment by July 5, 1984. The fiber cable is "on hand" now. 1. Western Electric was unable to meet their November, 1983 due date in pro- viding PNB with fiber cable. This was due to a 3 week work stoppage in August, 1983. The fiber cable was received February 19, 1984. 2. Western Electric was unable to meet their February due date for terminating equipment. The work stoppage placed our order in conflict with large requirements for fiber terminating equipment required for the Summer Olympics. Western Electric has committed to a July 5, 1984 due date for the terminating equipment. Our construction schedule is centered on the terminating equipment. Once it is placed (in July) we require approximately 4 months to cut over existing service and remove the temporary aerial cable. I hope this answers the requirements stated in your letter. PNB will also have a representative, Linda Henriksen, at the April 5th, 1984 Board meeting. Southcenter Fiber Schedule (4 -4 -84) APR l' 1984 _.� P(ANiVl 6C: GPP 1. Cable shipped from Western Electric 2 -17 -84 (arrived 2- 19 -84) 2. Trunk group to have all trunk pairs 5709 Cherry- Renton and 5709 Cherry - Kent cleared by 3 -26 -84 3. Splicing to transfer and remove Load Coil Cases 3 -28 thru 4 -20 -84 4. Pulling crew to wreck cable, pull in new inner duct and fiber cable 4 -23 thru 5 -7 5. Temporary aerial cable to be placed during month of April 6. Splice fiber cable 5 -7 to 5 -21 -84 7. Testing 5 -21 -84 to 6 -4 -84 8. Central Office equipment installed and tested 7 -84 (Western committed to 7 -5 ship date) 9. Transfer working lines at Southcenter to fiber equipment 8 -1 -84 to 9 -15 -84 10. Wreck cable I -5 to Southcenter bridge 9 -15 -84 to 9 -30 -84 11. Pull new inner duct and cable 10 -1 -84 to 10 -5 -84 12. Splice fiber 10 -8 to 10 -12 -84 13. Test - 10 -15 & 16 -84 14. Transfer to new U.G. fiber 10 -17 to 10 -26 -84 15. Test 10 -29 & 10 -30 -84 16. Remove temporary aerial fiber 11 -84 Southcenter Fiber Schedule (4 -4 -84) CI r i' Ur t1..; ..,c.,'. Pl. ,1. 1. Cable shipped from Western Electric 2 -17 -84 (arrived 2- 19 -84) 2. Trunk group to have all trunk pairs 5709 Cherry - Renton and 5709 Cherry - Kent cleared by 3 -26 -84 3. Splicing to transfer and remove Load Coil Cases 3 -28 thru 4 -20 -84 4. Pulling crew to wreck cable, pull in new inner duct and fiber cable 4 -23 thru 5 -7 5. Temporary aerial cable to be placed during month of April 6. Splice fiber cable 5 -7 to 5 -21 -84 7. Testing 5 -21 -84 to 6 -4 -84 8. Central Office equipment installed and tested 7 -84 (Western committed to 7 -5 ship date) 9. Transfer working lines at Southcenter to fiber equipment 8 -1 -84 to 9 -15 -84 10. Wreck cable I -5 to Southcenter bridge 9 -15 -84 to 9 -30 -84 11. Pull new inner duct and cable 10 -1 -84 to 10 -5 -84 12. Splice fiber 10 -8 to 10 -12 -84 13. Test - 10 -15 & 16 -84 14. Transfer to new U.G. fiber 10 -17 to 10 -26 -84 15. Test 10 -29 & 10 -30 -84 16. Remove temporary aerial fiber 11 -84 A 1909 TO: FROM: DATE: SUBJECT: City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L. VanDusen, Mayor MEMORANDUM Board of Adjustment Rick Beeler, Secretary March 30, 1984 Pacific Northwest Bell Underground Utility Variance 83 -07-V On June 2, 1983 the Board of Adjustment granted a temporary variance to Pacific Northwest Bell Telephone Company to install temporary overhead telephone cables on acadam Road South and on private property along the northerly portion of Southcenter Blvd. and across Southcenter Blvd. The Board of Adjustment stipulated in its decision the variance will expire on June 1, 1984 or nine months from the beginning date of construction, whichever occurs first. To date construction has not occurred or begun. In the attached letter dated February 2, 1984 Pacific Northwest Bell requested extention of the variance approval due to unavailability of the required materials for completion of the project. An extension to January 1, 1985 was requested. T C 18.72.030 specifies the conditions for granting the extension to be the Board of Adjustment "...finding that there has been no basic change in per- tinent conditions surrounding the property since the time of the original approval." While the Pacific Northwest Bell letter does not address this required finding, and Pacific Northwest Bell bears the burden of proof in the matter, staff's evaluation is that the existing conditions have not changed. However, the Public Works Department has recommended that the applicant document the need for the scheduled change including A) the ori- ginal schedule in comparison to the revised schedule, B) the reasons for the schedule change, and C) a commitment by suppliers of the material and its delivery date. The Public Works Department has issued a utility permit for the construc- tion of the overhead temporary telephone lines to expire on June 2, 1984. At that time the permit specifies that the overhead lines are to be removed. Attached are copies of the minutes of the Board of Adjustment meeting of June 2, 1983 and the staff report of June 1, 1983, originally submitted to the Board of Adjustment on this matter. As in the latter, staff does not offer a recommendation to the Board of Adjustment since the matter con- Page -2- (1 TO: Board of Adjustment FRO : Rick Beeler, Secretary DATE: arch 30, 1984 SUBJECT: Pacific Northwest Bell Underground Utility Variance 83 -07 -V tinues to be a reflection of the community values which the Board of Adjustment is charged with determining. However, staff does recommend the Board of Adjustment .decision be based upon the three information items requested by the Public Works Department and a more detailed explanation of the difficulty in obtaining the necessary construction material. Therefore, staff recommends the applicant substantidle,the need for the variance extension by providing: 1) The original schedule in comparison of the proposed revised schedule. 2) The reasons for the schedule change. 3) A commitment by suppliers of the material and delivery date. 4) The reasons for the difficulty in obtaining the required construction material. EXHIBITS 1 - Letter of February 2, 1984 from Pacific Northwest Bell. 2 - inutes• from the June 2, 1983 Board of Adjustment eeting. 3 - Staff Report dated June 1, 1983, with attached exhibits A thru C. RB blk .4 Mayor VanDusen/ Members of the City Council City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Sirs /Mesdames: February 27, 1984 Re: MacAdam Road South This letter is written on behalf of the Southcenter View Condominium Assoc- iation. It's purpose is to: 1) request an explanation for, 2) protest the installation of, 3) request the immediate removal of, the incredibly ugly poles and braces along MacAdam Road South, which were installad, without prior notification, on February 24, 1984. City Engineer, Philip Fraser, was contacted on that date, by our Resident Manager, Mrs. Jackie Conlan. We had noticed 'survey activity' on MacAdam Road South recently, and presumed that improvements, of some sort, were going to be made, never imagining that such atrocious installations would be permitted within the city limits of Tukwila! And for what purpose? What happened to the stated policy of 'under - grounding' new utilities? Installation of theses poles has effectively nullified our efforts, over the past two years, to improve the appearance of our complex, and has adversely affected the 'unobstructable views' purchased in 1979! Numerous complaints have already been received from resident owners and tenants. We will appreciate your immediate response to our request that these eyesores be removed immediatelq. Thank you for your consideration in this matter. 1/47-ziea 4 9 C'7/ / "?uacie oadz'S T "o- ' " . /9,r) 4 QE)' i L/ /mac - -; C-'44 . Very truly your Marily iger, .I sident Southce - View .ndominiums Board of Directors February 2, 1984 Mr. Rick Beeler City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Dear Mr. Beeler: Very truly, I - Roy H. Lukens Right of Way Agent Pacific Northwest Bell 1201 East Union Street Seattle, Washington 98122 RHL:gjp A variance to place temporary aerial facilities was granted to Pacific Northwest Bell in June of 1983 on both public right of way and private property with the intent that underground facil- ities would be in place before June of 1984. Due to unforeseen problems, PNB will not have the materials on hand to complete the project and wishes to have the variance ex- tended until January 1, 1985. Please contact me at your earliest convenience as to when this extension will be placed before your board. Thank you for your immediate consideration on the above variance extension. Pacific Northwest Iwest Bell 1. Cable Order 8 -83 Schedule (as of 8 -83) 14. Test 4 -23, 4 -24 -84 15. Transfer to new U.G. Fiber 4 -25 - 5 -4 -84 16. Test 5 -7 and 5 -8 -84 17. 5 day "cushion" 18. Remove temporary aerial fiber 5 -16 - 5 -30 -84 r< < i .• r „ 2. Cable ship 11 -10 -83 (from Western Electric) 3. Trunk group to have all trunk pairs cleared by 11 -15 -83 4. Splicing to transfer and remove Load Coil Cases 11 -16 - 12 -13 -83 5. Temporary aerial cable to be placed month of December 6. Pulling crew to wreck cable, pull in new inner duct and fiber cable 12 -14 -83 to 12 -29 -84 7. Splice Fiber Cable 1 -3 -84 to 1 -16 -84 8. Testing 1 -17 -84 to 1 -26 -84 9. Central Office Equipment installed and tested 1 -27 -84 to 2 -10 -84 10. Transfer working lines at South Center to Fiber Equipment 2 -13 -84 to 3 -23 -84 11. Wreck cable I -5 to South Center Bridge 3 -26 -84 to 4 -6 -84 12. Pull new inner duct and cable 4 -9 to 4 -13 -84 13. Splice Fiber 4 -16 -84 to 4 -20 -84 W% A 1909 CVB /blk enclosure 41 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 August 9, 1983 Mr. Dennis Bedier, Engineer Pacific:Northwest Bell 1211 E. Union St. Seattle, WA 98122 Sincerely, df ieV. II e Gary L VanDusen, Mayor Caroline rry, Planner Subject: Underground Utility Variance Application 83 -7•V Refund In accordance with Tukwila Municipal Code 18.88.010 Application Fees, Pacific Northwest Bell is entitled to a $200.00 refund of the total $240.00 variance application fee dated May 3, 1983 (receipt #4520) upon granting of the variance. A temporary variance was granted by the Board of Adjustment on June 2, 1983 to allow installation of temporary overhead telephone cables on Macadam Road South and on private lands adjoining the north margin of Southcenter Blvd. and across Southcenter Blvd. to the Pacific Northwest Bell manhole in the southerly half of the roadway. Please accept check no. 1715 for $200.00 as the variance refund for application. If you have questions regarding this matter please call this office at 433 -1845. 1 90S City gi Tukwila ►mac. .13 June 1983 6200 Southcenter Boulevard • Tukwila Washington 98188 PACIFIC NORTHWEST BELL 1211 E: Union St. Seattle, WA 98122 Attn: Dennis Bedier Gary L VanDusen, Mayor SUBJECT: Underground Utility Variance Application 83 -7 -V This letter will confirm the decision of the Tukwila Board of Adjust- ment given at its meeting of 2 June 1983 to approve a temporary variance from Section 13.08..of. the Tukwila Municipal Code allowing Pacific Northwest Bell to install temporary overhead telephone cables on Macadam Road South and on private•lands adjoining the north margin of Southcenter Boulevard, then across Southcenter Blvd. to. the P.N..Bell manhole in the southerly half of the roadway. The time period during which the variance will remain in effect was defined by Board as nine(9) months from the beginning date of construction or 1 June 1984, whichever occurs first. We appreciate your participation in the variance review process; please let us know if further assistance is needed. TUKW PLANNING.DEPARTMENT rk Caughey Associate Planner MC /blk xc: Planning Director '� l L4 h 4 / City y of Tukwila 0 Z J . 6200 Southcenter Boulevard < Tukwila Washington 98188 1906 Gary L VanDusen, Mayor BOARD OF ADJUSTMENT Minutes of the meeting of 2 June 1983. The meeting was called to order at 8:06 p.m. by Chairman Richard Goe. All members of the Board were present, and Associate Planner Mark Caughey represented the Planning Department. APPROVAL OF MINUTES MOVED BY MRS. ALTMAYER, WITH MRS. REGEL'S SECOND, TO APPROVE THE MINUTES OF THE MEETING OF 5 MAY 1983 AS PUBLISHED. MOTION CARRIED. PUBLIC HEARING 1) Application 83 -7 -V, Pacific Northwest Bell Telephone requesting a Variance from Tukwila Municipal Code Section 13.08 to install temporary overhead telephone cables on Macadam Road South between, Southcenter Boulevard and So. 144th St. In response to the.Chariman's request, the verbatim reading of the staff report was omitted. Mr. Caughey outlined the most significant points there - in, including the suggested conditions to accompany a favorable decision. Questions and clarifications from the Board to staff followed. The Public Hearing was declared open at 8:22 p.m. Byron Sneva, public works director, spoke regarding the status of proposed design improve- ments to Macadam Road. Construction of these improvement$ appears to be approximately two years ahead. Mr. Sneva emphasized that the proposed overhead cable is especially vulnerable to damage from traffic accidents due to heavy use of these travelways. Dennis Bedier, representing Pacific Northwest Bell, explained that the con- duit which will be cleared and replaced by fibreoptics is aligned with 57th Ave. So., not Macadam Road. He explained that their construction schedule calls for completion of the conversion process by this time next year. Mr. Bedier then explained in greater detail the alignment of the 57th Ave. cable conduit. Page -2- Board of Adjustmenleeting 2 June 1983 c Alternative temporary cable alignments were discussed, and relative visual impacts were reviewed. Temporary undergrounding does not appear to be cost - feasible due to underlying geology. In summary, Mr. Bedier urged approval of the proposed variance in the interest of expediting expansion of community telephone service. Further questions regarding construction techniques and timing followed. In response to Mr. Goe's question, Mr. Bedier explained that the intent of the proposed cable conversion is to accomodate future new service demands as well as to enhance the quality of existing services. Considerable discussion followed regarding evolution of the project's time- line. It was the concensus of the Board that the timeframe for the tempor- ary variance should accomodate the needed for delivery and testing of the exotic hardware to be installed. Ed Bauch, 16603 53rd Ave. South, stated his belief that the requested variance is reasonable, and expained the history of the City's utility underground program. He does not object to the temporary use of overhead lines on Macadam Road, but does question their visual impact on Southcenter Boulevard. He suggested that the variance not override the prerogatives of the Public Works Depart- ment regarding alignment and technical implementation of the project. In response to the Chair, Mr. Caughey emphasized that the primary issue before the Board is a "judgment call" which depends on the outworking of community values; therefore, the staff recommendation is indeterminant. It is up to the Board to determine first that a variance is appropriate vis -a -vis the criteria, and then to define possible alternatives to the proposal. The Public Hearing was closed at 9 :47 p.m. 'In response to Mr. Goe's invita- tion to summarize the Public Works Department's position, Mr. Sneva suggested' that the variance be made to run effective from the start of construction. Discussion among board members followed regarding the applicability of the variance criteria to this case. Mr. Caughey quoted TMC 13.08.100 which requires the Board to find that the criteria contained in the Title 18 have been satisfied. the possibility ofdeferring announcement of the Board's decision to a date beyond the Public Hearing was discussed. A recess was called at 10:05 p.m. The Board reconvened at 10:15 p.m. MOVED BY MRS. ALTMAYER TO APPROVE THE VARIANCE REQUESTED UNDER APPLICATION 83 -7 -V. IN SUPPORT OF THE APPROVAL DECISION, THE BOARD SHOULD FIND AS FOLLOWS: A) CRITERIA 1, 2 AND 5 AS CONTAINED IN TMC 18.72.20 ARE NOT APPLI- CABLE TO THE PRESENT CASE. B) REGARDING CRITERION 3, THE PUBLIC INJURY IS ACKNOWLEDGED BUT IS OUTWEIGHED BY THE BENEFITS TO BE GAINED BY THE APPLICANT'S Page -3- Board of Adjustmenteeting 2 June 1983 ACTIONS. C) CRITERION 4 IS ACKNOWLEDGED TO APPLY; HOWEVER, THE PROPOSAL WILL NOT HAVE DEMONSTRABLE IMPACT ON:THE COMPREHENSIVE PLAN. Prior to completing her motion, Mrs. Altmayer requested guidance on the appropriate definition of a time - frame. After discussion, the motion was completed as follows: THE APPROVAL ACTION IS CONDITIONED ON THE IMPOSITION OF THE FOLLOWING TIME - PERIOD: 1) COMPLETION OF THE PROJECT SHALL OCCUR ON OR BEFORE 2 APRIL 1984. THE MOTION WAS SECONDED BY MR. WELCH. MOVED BY MRS. REGEL TO AMEND THE MOTION TO PROVIDE THAT THE VARIANCE SHALL REMAIN IN EFFECT FOR A NINE (9) MONTH PERIOD COMMENCING FROM THE TIME THE WORK IS BEGUN. THE AMENDING MOTION WAS SECONDED BY MR. WELCH. After discussion of the proposed amendment, Mrs. Regel and Mr. Welch agreed to restate the amendment as follows: THE VARIANCE SHALL REMAIN IN EFFECT FOR A NINE (9) MONTH PERIOD COMMENCING FROM THE TIME WORK IS BEGUN OR TERMINATING ON 1 JUNE 1984, WHICHEVER OCCURS FIRST. THE RESTATED AMENDMENT WAS APPROVED UNANIMOUSLY. Discussion of a proposed condition preserving the design guidance prerogatives of the Public Works Department followed; the condition was deemed unnecessary. Mr. Caughey explained the intent of the staff conditions, and that those intents will be met whether or not the conditions are included in the motion. THE ORIGINAL MOTION AS AMENDED WAS PASSED UNANIMOUSLY. OTHER BUSINESS ' In response to Mrs. Regel's inquiry based on last month's Board meeting, Mr. Caughey explained that the multiple signing apparent at the Chuck E. Cheese Restaurant was properly approved by the Planning Commission based on Ordinance 1175 which was in effect at the time of application, but has now been precluded by the amended sign ordinance. Thus, their sign program is legally non - conforming under the present code. Having concluded its business, the Board adjourned at 10:25 p.m. MC: js TUKWIL! OARD OF ADJUSTMENT rk Caughey Associate Planner AGENDA ITEM INTRODUCTION Pacific N.W. Bell, as a major provider of telephone service, has petitioned the Board of Adjustment for a variance from the underground utilities sec- tion of the Municipal Code to install a temporary above- ground service line. FINDINGS • 1) The applicants are requesting variance approval to facilitate installation of a temporary overhead telephone service cable on Macadam Road and a portion of private and public property on Southcenter Blvd. in order to prepare a per- manent underground conduit route CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION • STAFF REPORT 83 -7 -V: Pacific Northwest Bell Telephone Undergrounding featuring use of fiberoptic cables. "The utility owner or user or any other affected party can demon- strate that it would work an undue hardship to place the facilities concerned underground. By undue hardship is meant a technological difficulty associated with the particular facility, or with the particular real property involved, or a cost of undergrounding such facility, which outweight the general welfare considerations implicit in underground installation." 2) TMC 13.08.030 requires underground installation of all communication facilities, including telephone service; the proposed project does not appear to be included under the list of exemptions contained in TMC 13.08.040. 3) TMC 13.08.100 describes a variance procedure for applicants seeking relief from strict application of the city's utility undergrounding standards. The same tests of unusual circumstance and hardship as must normally be demonstrated in a land use variance must be met in the present case. 4) In addition to satisfying the variance criteria of Title 18, applicants for underground utility variances must address the following additional standard: Page -2- BOARD OF ADJUSTMENT STAFEPORT 83 -7 -V: Pacific Northwegt Bell Telephone Undergrounding ' June 1, 1983 5) TMC 13.08.090 specifies design standards to be met when utility facilities otherwise subject to undergrounding are placed above ground. CONCLUSIONS In accordance with the criteria for variance action of TMC 18.72.010, we present the following analysis: (1) The vcv a.nce spate not constitute a grant speacae pn ivitege in.con- s.ustent with the Limitation upon uses o6 other pnopent ieb in the vicinity ty and in the zone in which the pnopenty on beha.b6 of which the appfi.catti.on was £.iced .vs Located. Applicant's Response: Permission is requested for temporary variance for overhead telephone facilities. There are existing overhead power and telephone lines in the vicinity. Staff Response: While it is true that:existing_.overhead services remain on Macadam Road, the City is.taking steps to remove the... under- ground. The Public Works Department is preparing design speci -. fications for a street improvement project. covering Macadam Road from So. 144th St. to Southcenter Boulevard which will include utility undergrounding. The exact time -frame for the project is not clear due to funding uncertainties. However, the basic intent to implement the, underground utility code is affirmed by the work accomplished to date. (2) That such van.ca.nce .cs necebsany because o6 speciat cincumstances neCat ing to the size, shape, topography, to cat i.on on s um.ound img o f the subject p'openty, to pnov.ide it with use nights and pn.i.vUeges pennitted to othen. pnopenties in the vicinity and in the zone in which the subject property .located. Applicant's Response: The variance is requested in order to clear a permanent underground route. Special circumstances are of a temporary nature. Staff Response: The'requested variance is not so much a grant of special privilege as a matter of technological convenience. By placing the temporary service above ground on existing poles, the existing underground conduit can be converted to the expanded capacity of a fiberoptic system without substantial interuption or delay. Placement of a temporary parallel trench may be needed if strict enforcement of the undergrounding ordinance is required. Special circumstances, if any, relate more to the technical requirement of converting communication hardware than to unique circumstances of landform or location. Page -3- BOARD OF ADJUSTMENT STAFPORT 83 -7 -V: Pacific Northwet Bell Telephone Undergrounding June 1, 1983 (3) That the spec-Lat. conditions and c i'Lcwnsta.nee4` do not neout t tom the actions ions o 6 the applicant: Applicant's Response: Special circumstances are the result of improved technology for providing telephone service to the area. Staff Response: Again, the circumstances prompting this variance are largely a result of advanced communication hardware technology and increased demand for telephone service in the community. Whether these circumstances result from actions of the applicant depend on the observer's opinion as to whether the telephone company creates increased service demands or attempts to respond in a timely and cost - effective manner to those additional demands. (4) That the gnan ,in.g o 4 such van,iance wLU not be mate k ia.0 j detir i.men ta.2 to the pubf.ie we i ane on .cn jun,ious to the pADpehty on J npnovements in the vicinity .and in the zone in which the .subject pnopenty -us 4 tuated. Applicant's Response: The temporary aerial cable will be placed on existing poles in public street right -of -way which will be temporarily visible from adjacent property owners. Staff Response: Placement of the temporary cable on existing service poles on Macadam will produce little direct change in the existing visual character of the area. The impact will be greater to Southcenter Boulevard, however, as there are no overhead lines or poles existing in that portion of the project area. To reduce that • visual impact, the Public Works Department staff has suggested that the alignment of the cable be modified as shown on page 3 of exhibit "B." In addition, we suggest that the Board discuss the alternative of undergrounding the temporary cable on that portion of the project running behind "Denny's" and "Arco" so as to reduce the potential for visual degradation of the area. While it is probably not feasible to bore and jack the temporary cable beneath the street where it crosses Southcenter Boulevard the alternative should at least be addressed. ( The authon.izatLon of such van,ia.n.ce w.ca not .<mp.Cementat.ion ob the eompnehene.ive £a.nd use plan. Applicant's Response: The variance is of a temporary on the comprehensive land use plan. advms a66eet the nature having no effect Staff Response: We disagree with the applicant's assessment of the project's . impact on the comp. plan. Objective 8 of the "T.ransportation and.Utilities" element sets forth the city's clear intent to proceed in timely fashion with a community -wide undergrounding program. The proposal will set back the attainment of this objective even if only temporarily, and will thus inhibit the comprehensive plan's orderly implementation. Page -4- BOARD OF ADJUSTMENT STAFFPORT 83 -7 -V: Pacific Northwe 3e11 Telephone Undergrounding . June 1, 1983 (6) That the granting ob such a vah,i.ance .us necezzany bon. the pnezelwa.,i,on and enjoyment ob a zubb&antiat. pnopenny night ob the appeicant poohe zed by the ownenz ob other pnopenti.ez in the flame zone on vicinity. Applicant's Response: The temporary variance will provide additional telephone facilities to the general area. Staff Response: We do not see this application as an exercise in property rights but rather as an effort by a provider of a vital public service to anticipate and plan responsible for up- coming capacity demands. Thus, we find this criteria inapplicable. (7) Spec ia, . undeAgnoundi.n.g van,i.ance ct en,ion (zee binding 4) . Staff Response: We find that the temporary overhead installation of cables on Macadam Road's existing joint -use poles will probably facilitate swifter completion of the fiberoptic cable conversion process than would be the case if temporary undergrounding is required. However, we are not convinced that temporary poles on the Southcenter Boulevard "reach" are in the best interests of community appearance or the integrity of our long -range utility' planning standards. RECOMMENDATION We have spoken time and again in this report the the "temporary" nature of the overhead installation. However, the applicants have not suggested a time- period for this temporary work. Our Public Works Department, after consultation with telephone officials, have suggested nine months as an appropriate time limit for the temporary work to remain, with one additional month allowed for its removal. From our study of the materials presented in this application, we conclude that the request for temporary relief from undergrounding requirements is largely an accomodation of the applicant's convenience and does not substantiate the presence of hardship. Since this application involves:a decision on the outworking of community values, we defer the resolution of this matter to the Board's collec- tive judgment. However, should you elect to grant Pacific Northwest Bell their variance request, we suggest your consideration of the following conditions: 1) The variance approval as granted herein shall take effect on 2 June 1983 and shall expire on 2 April 1984 without option for renewal. 2) Alignment of that portion of the temporary cable in the vicinity of Southcenter Boulevard shall be modified as indicated under the "alternative" label depicted on page 3 of Exhibit "B" or as required by the Tukwila Public Works Department. 3) That portion of the proposed temporary cable service between the east margin of Macadam Road and the north margin of Southcenter Boulevard shall be placed underground. Page -5- BOARD OF ADJUSTMENT STAFF EPORT 83 -7 -V: Pacific Northwe 3ell Telephone Undergroundin . June 1, 1983 4) The variance approval is based on the material depicted on Exhibit B of the application except as may be modified by conditions specified in this decision action. 5) Prior to obtaining construction permits, the applicants shall furnish to the Director of Public Works documentation of all easements and encroachments as necessary to utilize both private and public lands in implementing the temporary cable project. MC /blk •, PLANNING DEPT EXHIBIT A MF 8S-7-V • VICkutly MAP PAC. H.W. QEtt VARIANCE 14PPC ICATI0 79996 5 Av D(7ioa la.14 GEO — 3 rir Po.112. Rat Cr Nitsr) ZOt MT ANCHOR. GU'( Cris-) • - PROPOSE TEMPORAR1 TEL • FbLE - STREET LITE NILE (Ext ST.) C) AP 1-EGEmb _A — - AER/OIL. 7'EL. CABLE' ExigeING \le o - 1P.1'( - rA , ,c LoT No's . —A— - PRO PROPOSED TEMPoRAR1 AERIAL 7EL. C 0 9gLE. e. >4.... - PROPOSED ANCHOR Gul i Ni c ....") 9 Vs pitalKE PRINT low. 3_ .. rz o 2s col 51 78 889 50u CF,, R VIEW C oN D . 2 4 - 22 cbtmotosmum euloeks ANC. 1%e iN Satqorr-R ec S. GNRiput P. MoRA- VICE , REALTY EMPIRE CORPORATION 1735 Pacific Ave., Suite 1, San Francisco, CA 94109, (415) 775 -4300 [MAY19 1983 CITY Of TUi(WILA PLANNING DEPT. Tukwila Board of Adjustment 6200 Southcenter Boulevard Tukwila, Wa. 98188 Gentlemen: RE: Application 83 -7 -V Pacific Northwest Bell Telephone Regarding the above matter, the thought of above ground communication lines is very disturbing and I am strongly opposed to the idea. I will not be able to attend the hearing, due to the fact that I am in California and unable to re- arrange my schedule to be in Washington on June 2. However, I do want my feelings known and taken into consideration. cc: Hon. Frank Todd, Mayor EVE MOVED, NEW LOCATION: 950 NORTHGATE DRIVE, SUITE #200 SAN RAFAEL, CALIFORNIA 94903 (415) 492 -9400 Yot}rs very truly, Vincent E. Tomera May 19, 1983 g_ % srco& April 29, 1983 City of Tukwila Planning Department Attention: Mark Caughey 6200 Southcenter Boulevard Tukwila, Washington 98188 Gentlemen: Pacific Northwest Bell Telephone Company is proposing a temporary aerial cable and supporting structures (poles, anchors, guys) on Macadam Road South to clear an existing underground conduit for a permanent installation of a new fiber optic cable. Enclosed is PNB's application for a variance from the City of Tukwila's undergrounding ordinance and a check in the amount of $240. I° understand that when the variance is granted $200 will be refunded. If you have any questions please call me on 325 -0016. Your assistance is appreciated. Sincerely, Burl L. Wilson Right -Of -Way Agent Pacific Northwest Bell 1201 East Union Street Seattle, Washington 98122 BLW:gjp Enclosure Pacific Northwest Bell LEGAL DESCRIPTION PACIFIC NORTHWEST BELL VARIANCE APPLICATION The public street right of way of Macadam Road South extending southerly from 53 Avenue South to Southcenter Boulevard and Southcenter Boulevard at the overcrossing of I -405, approximately 62 Avenue South and private property along the north side of Southcenter Boulevard. Tax Lot Numbers - 115720 -0351 and 359700- 0202. All located in Section 23, Township 23 North, Range 4 East, W. M., King County, Washington. 4 79996 s-VERU.J• AvZmo^) Vol,1449 \� A ��` A. 4k, G am` , ' iv ..V e „, Cr NS:b / il / Z im 1 Q2 e4- k.E EIJD ®'- So I NT pwp - 'TEL - Tl Rut CE•AIST) - JOINT ANC HO R GQ' C ty,f sr ) • - PROPOSED TEMPoRAR TE& FILE STREET LATE Po LE (EX►ST,) - f�opERr( _1TA14 Lai' NO'S . . - ��... - 'PRoPoSED TEMPoRAR(( AERIAL 'rEL,CA81E PROPOSED ANCHOR Guy( A 09ERiAC TEL. C'ABIF ExISTIN4 78 889 Sou CFR vE W COND, v0 z oor o 6 ' 4 .249 0 660 dill &taN PRe � . T - eNRiq p Vic : At ■ �k i MACADAM RD. ■ T'14 ACCOUN NUMBER - - ,. Q 6 K� 115720 0531 . ` 3700 M � ' "00 C 2 a �� 23 3 ms 0 C20141 um . m c uw asrMatoo. - 4 G�ov Lo 35• blocs WITH WI LN o! ST.H TM NGN ST NYr TN NCI ALA SD.NGN T TN N TAP S 6S•1b -5 E I. NO SW40 Iwo G Rho D0 3 Smcm 0363 :5970e KATO TM 133 S 1E SEATTLE • LOT :11 ■, ■ mma cau w tine JIu itursIar - - - - 1 -- LDtATI011 rum r-- ss SOUTNCENTER BY UKWILA RESTAURANT INDUSTRIES 8999 R0579\ 00101 $ 09 04 L PROPERTY NARI1:V1PS RESTAURANT ACCESS RD IIROOKYALE GARDEN TRS N 65 -16 -34 w 163 FT TN TO LN TR 35 TN LT TO E PON $ 24-43 -26 w 25 FT Of TPOB TN 0- 0202 -19 CANCEL : 000OO SUPPLE : OA 11_1MC1k_1 SG?MP'G : —000000 STATE IS : ACTIVE NY S C0176 INTERURBAN ADD TO SEATTLE ,68TH •02/18/83 LESS E 450.•86 FT LESS ST HWY WA BLOCK: LAST LEGAL. 1'9 1 t; - 1 L 1 98148 no 0 qk 12 02 1 C7 4 )04 „Ito f It N 0 `ON �o Ma Kr \ CV BEG INTSN OF W N OF E 25 F1 Of UNPLATTED STRIP LY E Of TR 35 N 24-43 -26 E 160 fT TO TPOB TN w 65 -16 -34 w 428.55 FT TO ELY UNP ATTED STRIP 1N SLY AL6 SD E PGN TO N PGN ST HYY TN WLY 25 FT W 65 -16 -34 Y i N 24-43 -26 E 25 FT TO TPOB - TUKYILA BDRY LN ADJ EY-1 s11N $00.1,4 CF z Q • �. MARY SIAM /NI, No /. L 110)0. wJ� NOSE . � in as J VARIANCE PRI NT CM 3 mi a cov ivr. _ .anon »s UssESSiaEwrr- - ~r -l- fOi tiO1if i1 SOUTNCENTER SV UKWILA n RE S T AURANT INDUSTRIES 1999 R0S79 \ 00101 M 09 t PROPERTY MARE:VIPS RESTAURANT ACCESS RD 04 OROOKVAll GARDEN TRS N 65 -16 -34 W 163 FT TN TO N LN TR 5 TM ELY TO E MGN S 24 -43 - W 25 FT OF TPOO TM W 1NY S LESTH .WA CANCEL : 00 000 SUPPLE: 06,jCi iV_1l_ik_i SG/MPG: -000000 STATUS : ACT I YE C0176 INTERURBAN ADD TO SEATTLE •02/18/83 LESS E 450..86 FT LESS ST HWY 98148 • N 2 6 3 - 26 OF 160NFTFT 25 FT N 65 - 16E34w STRIP 2L 55 F T F T O R ELY UNP ATTED STRIP TN SLY ALG SD E MGN TO N MGM ST NWY TM WIT 25 FT N 65 - 16 -34 M 24 - 43 - 26 E 25 FT TO TPOO - TUKWILA DORY LN ADJ 1I MASTER LAND DEVELOPMENT A FORM TYPE OF VARIANCE REQUESTED: temporary nature. ❑ LAND USE (TITLE 18) ❑ SIGN CODE (TITLE 19) OTHER a DESCRIBE THE PRESENT OR PROPOSED USE OF THE SUBJECT PROPERTY Public street — restuarant and service station SUPPLEMENTARY QUESTIONAIRE Schedule F VARIANCE APPLICATION TUKWILA MUNICIPAL CODE (TMC) SECTION FROM WHICH YOU ARE REQUESTING A VARIANCE Underground utility installation DESCRIBE THE VARIANCE ACTION WHICH YOU ARE REQUESTING Place a temporary ear-ial rahla and P n1aa nn Public street and private property to clear underground conduit for permanent installation. DESCRIBE THE MANOR IN WHICH YOU BELIEVE THAT YOUR PROPOSED VARIANCE ACTION SATISFIES EACH OF THE FOLLOWING VARIANCE CRITERIA: (.TMC 18.72.010) (ATTACH ADDITIONAL SHEETS IF NEEDED) (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; ' RESPONSE Permission is requested for temporary variance for. overhead telephone facilities. There are existing overhead power telephone lines in the vicinity. (2)" That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property, 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; RESPONSE The variance is requested in order to clear a perm- anent underground route. Special circumstances are of a PAGE 1 OF 2 (3) That the special conditions and circumstances do not result from the actions of the applicant; RESPONSE Special circumstances are the result of improved.. technology for providing telephone service to the area. (4) That 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; The temporary aerial .. cable will be placed .. on exist- RESPONSE ing poles in public street right of way which will be temp- orarily visible from adjacent property owners: (5) The authorization of such variance will not adversely affect the implementation of the comprehensive land use plan; RESPONSE The variance is of a temporary nature - having•: no effect on the comprehensive land use plan. (6) That the granting of such a variance is necessary for. the . preservation and enjoyment of a substantial property right of the appli- cant possessed by the owners of other properties in the same ,zone or • vicinity. • REspONSE The temporary variance will.provide additional tala fnrilitinQ fin the general area. Control Number MASTER LAND DEVELOPMENT APPLICATION FORM NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. SECTION I. GENERAL DATA 1) • `APPLICANT S NAME Pacific NW Bell FEES: RCPT. M.F. EPIC. TELEPHONE: ( 206 ) 325 -0016 1 '2) APPLICANT'S ADDRESS 1211 E. Union St., SeattleZlP: 98122 3) ' PROPERTY OWNERS NAME TELEPHONE:( ') ° 4), PROPERTY OWNER'S ADDRESS ZIP: LOCATION OF PROJECT: (geographic or legal descrip.) ''' 5W1 Sec. 23. T. 23N, R. 4E W. M. fM MAY 3 i983 ILL WILA Maradam Road between South 152 Street and Southcenter Boulevard 6) NAME OF PROJECT(OPTIONAL) Temporary aerial communication facilities SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: Temporary aerial facilities to relieve underground conduit for permanent fiber optic_ telephone cable 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? YES E:INO 9) PROTECT.' a. NET ACRES - c. PARKING SPACES — b. GROSS ACRES — d. FLOORS OF — CONSTRUCTIO e. LOT AREA COVERAGE BLDG. — SQ.FT. LANDSCAPE — SQ. FT. PAVING — SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? OYES 1N0 11) EXISTING ZONING 12. EXISTING CCMP.PLAN 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION [YES [JNO ON THE CITY'S ENVIRONMENTAL BASE MAP? -- 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTTER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. a. NAME: ADDRESS: b. NAME: ADDRESS: OVER 1- ° A jSE•CTIM - ILIA' 'AP'F I" 1T'S AFFIDAVIT 44 A', being duly sworn, declare that I am the permit holder property involved in this application and that the foregoing 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. DATE X Subscribed and-sworn before me this ' 29 day of 4#ji(. , 19 Notary ublic in a for the State of Washington residing at (Signature of Contract Purchaser or owner). SECTION IV: SUPPORTING MATERIAL REQUIREMENTS TYPE OF APPLICATION SUPPORTING MATERIAL ** ( REZONING SCHEDULE E,: 1,2,3,4,5,9+ [1 CONDITIONAL USE SCHEDULE C, 2,3,5,9 Ti [1COMPRE1-JENSIVE VARIANCE SCHEDULE F,. 3,5,9 PLAN AMENDMENT SCHEDULE D, 2,3,4,5,9 ri Ti SHORELINE MGMT.PERMIT SCHEDULE B, 2,3,4,5,8 WAIVER SCHEDULE A, 3,9,10 [1 SHORT SUBDIVISION 3,4,7 F1 SUBD 2,3,4,5,9 + ,12 r1BINDING SITE IMPROVEMENT PLAN 2,3,4,6,9 ARCHITECTURAL REVIEW 9,10 flLANDSCAPE REVIEW 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIONAL AT STAFF "S DIRECTION I II (i 79996 STERLING ADarnoa 114,14$91 fr) LEGE•IJ O — To pwii- 1Ll•'N Rut CeyisY) . - SOI ANCHO Gu`( ( two.) • - PROPOSED TEMPORAR'( TEL •FbLE • )(/A4 - ST'2 -- LI'iE POLE (EXIST,) ( ) . PlzeP :N ' LoT NO'S . c'�` 4 .57+ - PROPOSED TeiVIPoRAR/ AERIAL TEL, CA8[E ••• - PROPOSED ANCHOR Guy( - ° • . o Q* — 7EL. FABLE EXISTING • IF THIS MICROFILMED DOCUMENT IS LESS - CLEAR THAN THIS NOTICE,_IT IS DUE THE QUALITY OF THE ORIGINAL DOCUMENT • I • 1 �.: ill 1�1� 111 ° I1 ° i Iji ICI ill ij�` 7jl �jl"i�l 1 I�r Ij ill iii 7111111 � I j �I j V �I j �� I , � I j •� � I �w� I I � �I � I� O Ie TH. INCH 1 2 3 4 5 6 7 FLEXIBLE RULER -302Aw . _ O£ 6 Be 6 9Z 5Z hZ EZ ZZ �'' IZ oz 6 91 CA 91 G hl El Z I I LI 01 - 11111111111.111111111 4ll�)�,I,141.11,1j1111111111 I,� I�„Ill�lnl� nlhnl I ,1141 J1(I!. I � 101,l.iLU.1111.(1t1111.11Y.111^ 11,11,(1! J1�J 11I�..1,t1411g111 I,11luU(11100111.)1.11,1 1 • t te c am . C FV P.i M(E APPL. __.._ • FLEXIBLE RULER -302 AWin 3 • 4 5 6 OC sz se tz 9Z BE VZ , ZZ IZ OZ st 81 LL 91 SL 1 7i '9 1 I U Ot 1 111,01t1101111.191119114111111)ii0111 I I I 1110,10141114M1.10q1411 NOIRI,110,011111#001,41011,!11,1Pliji • • SLEAW THAN THIS NOTICE., 'IT. IS. DUE TO IF THIS. MICROFILMED. DOCUMENT IS LESS-r.,.\ THE QUALITY OF THE ORIGINAL DOCUMENT- ITIAREANCE.... _PINT_ 4 .. A.0.F. I • • • • I VIPS 1 . RE57 It 'NC. ° moo / I, KIN N V/ps Qu5 R - 5 ,�g99 oiNts I, '11E ! 0353 4 CA t C RICH 4 co clay r Y` In 1 civo 0 ,S?NIINCN 1 2 GAA DoI.1 E. SM!TN GRAA lst Ott : • • NO 50.40 . •Y.'r••∎ ! ..g,^. -4 11wgf "'••∎•• •••••R`M.'11 ^r.nMan'ty....-wr.. 3 4 5 6 1 I. 0€ 6Z B6 LZ 9Z SE hZ CZ ZZ IZ Oz 61. 8L LI 91 SI hL 'CI ZI I11IUlI (IIl1�Ull II 1 R! 1111! llll�l , IIIII. _�� I�Dl�ulll.�ll�J1JJl, IIIl�III,I IIII�I),II „��II��I�,I,IIIInn� i, �IIII �Illlnl� III I � I��II� IJ��.L�l�ll lllbll� �II�IJ�I� 1,1� III�tII�J R1NGCOT11RYDPAIMEIrrar9111MT TI f>< _l ACCOUNTEINIER N1ui w IU - •EN ri • .1 WW1 4 ■ 113720 O S1 0 ' 2Q S700 SOUTNCENTER 111 . TUKWILA RESTAURANT INDUSTRIES � ) ' 0 < t2o $ $ 23 I Z3 Ot t DROPEOIF N$ t wLPS RESTAURANT ACCESS RD IIW 011tMll0C' FLEXIBLE RULER - 303AMISalilR.wr= LOT 3S' !LOCK ' SN VAL PADEN INS YITN NLY LN 01 S1 IWY TN N 65 -16 -4 V 163 PT TN NGN ST NW TN NLY ALA SD NGN TO N LN TN S TN ELT TO E NG% IN N TAP $ 6S - - E I !S 24 -45- 6 II 25 fl Of TPOS TN • 359700- 0202 -09 KATO TONY S 133 S 168TH SEATTLE WA LOT:11 ■ 4; ; N z 10 ; . LAST LEGAL .. • O . L 1 er_47 Co 0 0 flee/ 0 tn 0 t I S q4 C@ R 7tcL . M.H. 1 I AM4Rf X91= NI, No 1. pAuf M 24-&3 26 E 160 TPOS N 65- 16-54 428.55 TI TO ELF UN► ATTET Pip TN SLY ALS SD E RGN TO N NGN ST NI TN YLY 25 FT N 65 -16.4 0 ii N 24 -43 -26 E IS FT TO TPOS • TUKYILA RORY LN AD! 4 t 'A yice • ./EOCATi 1999 110579 1 00101 N 09 we r1 • CANCEL:00000 SUPPLE:0000000 SG /MRG:.- 000000 STATUS:ACTIVE C0176 INTERURBAN ADD TO SEATTLE , - • .: .02/18/83 LESS E 450.;86 FT LESS ST HWY 98148 . • A _ 1 11. 1O0 50` c° X 16p tit u �j 'M d OE N ��” PRI NZ oE..3 IF THIS MICROFILMED DOCUMENT IS LESS-1- CLEAR. THAN THIS NOTICE, IT IS _ DUE T - , THE QUALITY OF THE ORIGINAL DOCUMENT. .1