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HomeMy WebLinkAboutPermit 80-08-V - TSAO - FIORITO HOTEL HEIGHT VARIANCE80-08-V EASTERLY TERMINUS OF SOUTHCENTER BOULEVARD ADJACENT TO THE GREEN RIVER TSAO FIORITO HOTEL HEIGHT VARIANCE City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development BOARD OF ADJUSTMENT Minutes of the meeting of 8 May 1980. The regular November meeting of the Board of Adjustment was convened at 8:09 P.M. by Chairman Duffie. All members of the Board were present. (Position #2 Vacant) . Staff Representative Present: Mark Caughey, Acting Planning Director MOVED BY MRS. ALTMAYER, WITH MR. GOE'S SECOND, TO APPROVE THE MINUTES OF THE 1 NOVEMBER 1979 MEETING AS CORRECTED. CORRECTION: CHANGE SPELLING OF MS. ALTMAYER'S NAME THROUGHOUT. MOTION CARRIED 4 -0. ELECTION OF OFFICERS Mr. Richard Goe was selected unanimously to serve as Chairman of the Board of Adjustment for 1980. Mrs. Rudolf Regel was unanimously selected to serve in 1980 as the Board's Vice - Chairman. Assistant Planner Caughey was appointed Secretary of the Board. OLD BUSINESS The Board inquired of staff what disposition had been made of the Board's re- quest for clarification of the proposed variance criteria contained in the draft zoning ordinance. Mr. Caughey explained that he sent a memo to the Planning Commission, as directed by the Board, stating concerns raised during the 1 November 1979 meeting. He stated that the Commission has not yet reviewed the variance procedure section of draft zoning ordinance #3, but was informed that the cri'iteria contained in draft #3 were written to conform to the exact wording for variance criteria in state law. NEW BUSINESS AGENDA ITEM Va: APPLICATION 80 -8 -VF - Wm. S. Tsao & Co. Requesting approval of variance from TMC Section 18.40.030 to permit construction of a hotel structure of 12 stories,.130'. Subject property is located at the easterly terminus of Southcenter Blvd. Mark Caughey read the staff report, and a memorandum on this matter from Mayor Frank Todd. Representatives of the applicant present: William Tsao Lyle Kussman ' 7777 7 7777 Chairman Goe opened the.public hearing on this application. Mr. Kussman explained his role as project architect for the Fiorito /Ferullo Hotel concern, and presented graphic displays which addressed points of discussion contained in the staff report. . - Interpretation of topographic conditions to conclude that the subject site is identified with the Broad Valley South of I -405. Indication that the "tower" portion of the hotel is outside the "low- impact" river use zone. • Cross- sectional view of the site showing the proposed 150' top of building elevation as a median "transition" height between properties separated by I -405. The Board's deliberations focused on the content of these graphics. The main concerns were visualization of the proposed 130' height, the relationship of —the proposed site plan to short plat 79 -7 -SS, and the presence or absence of uncontrollable hardship associated with development of this site. Chairman Goe declared a recess at 9:40 p.m.; the Board reconvened at 9:51 p.m. In response to a question by Mrs. Altmayer, Mr. Tsao explained the economic and physical construction constraints of this project which make the proposed 12- story height necessary. With no further comments from the audience or staff, Chairman Goe closed the public hearing. MOVED BY MRS. REGEL, WITH MRS. ALTMAYER'S SECOND, TO APPROVE THE VARIANCE RE- QUESTED IN APPLICATION 80 -8 -V. MOTION FAILED ON A VOTE OF 1 IN FAVOR, 3 OPPOSED. CHAIRMAN GOE REITERATED THE VOTE AND DECLARED THAT APPLICATION 80 -8 -V HAS BEEN DENIED.. Mr. Kussman asked the Board if they might be allowed to re- apply, and if they do so, what guidance the Board might offer to help them prepare their resubmittal. Mr. Caughey explained that decisions of the Board of Adjustment are final with further appeal only to the courts. However, the applicants may submit a new application and pay a new filing fee for further consideration of their proposal. Mrs. Altmayer suggested that the.applicants attempt to use as much of the site as possible, and attempt to scale -back the overall height of the structure in any future re- submittal. OTHER BUSINESS None Chairman Goe declared the meeting adjourned at 10:20 p.m. TUKWILbARD OF ADJUSTMENT Mark Caughey Secretary FIORITO HOTEL HEIGHT VARIANCE AGENDA ITEM CITY OF TUKWILA PLANNING DIVISION BOARD OF ADJUSTMENT PLANNING COMMISSION STAFF REPORT 8 May 1980 8:00 P.M. PUBLIC HEARING - APPLICATION 80 -8 -V; FIORITO /FERULLO MOTEL Action Requested: Variance from TMC Section 18.40.030 (M -1 Height Restriction) Applicant: Wm. S. Tsao & Co., Agent for Fiorito & Ferullo Location: Easterly terminus of Southcenter Boulevard adjacent to the Green River. Zoning: M -1 (Light Industry) Comprehensive Plan: "Commercial" PROJECT SUMMARY The applicants are proposing a 12 -story hotel complex which requires a variance to attain the requested height of 130'. The M -1 zoning of the site has 45' vertical height limit. In June, 1976, the Board of Adjustment approved a variance for an 88' high hotel /conven- tion structure for this same site. However, the applicants did not obtain construction permits within the one -year time limit specified by TMC. 18.72.020; thus, the previous variance granted is void. FINDINGS 1) The subject development site consists of approximately 5.0+ acres of a 7.3 acre parcel created by a short plat filed by Fiorito & Ferullo, et. al. and approved in July, 1979. (MF #79 -7 -SS) 2) The development site is adjoined on the east and south frontages by the Green River, and is constrained by provisions of the Tukwila Shoreline Master Program. 3) A 20' wide trail easement on the river frontage of this site was recorded as a part of short plat 79 -7 -SS. 4) The subject property is zoned M -1, Light Industry. 5) Fiorito& Ferullo has proposed to construct 130' high hotel structure. 6) Section 18.40.030 of the M -1 zone restricts building heights to 45 feet. Section 18.60.035 of the TMC allows structures in M -1 zones up t0 300 feet if located south of Interstate 405. 7) City of Renton zone restrictions on the property located east of the river limit building height to 35 feet. 8) The subject property is approximately 600 feet north of Interstate 405. 9) The subject property is at elevation 25' 10) Interstate 405, as it runs east and west and parallel to the subject pro- perty, is approximately at elevation 55. 11) The hillside bordering the west side of Interurban Avenue rises steeply to an elevation of approximately 175 and is residentially developed or planned. The proposed sturcture would reach an elevation of approximately 155'. CONCLUSIONS: 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; Applicant's Response: SEE, Schedule F, Question 1. Staff Response: Height limitations within the M -1 zone category are pur- posely written to include flexibility depending on geographic location within the city. The presumed intent of the writers of the zoning ordi- nance recognized that taller buildings would be more closely in scale to the broader valley south of 405, and that lower buildings in the narrow, elongated valley north of 405 would insure continued enjoyment of eastward views from Tukwila's residentially -zoned hillsides. The identity of this site with the narrow valley north of 405, then, would make the approval of a height variance an extension of special privilege, inconsistent with Tukwila's variance criteria. 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; Applicant's Response: SEE, Schedule F, Question 2 Staff Response: The applicants contend that the shape and configuration of their property constrains their development potential. This assertion is not a valid basis upon which to seek variance relief, however, since the shape of the property was created by the applicants'own action in short plat application 79 -7 -SS. It should also be noted that the west property line of the hotel site plan is artificial, and can be adjusted at the applicants' discretion to accommo- date their needs. Keep in mind that the subject site is actually approved at 7.3 acres. The amount of total site area taken by the river easement and utility /access corridors seems to be about 10 -15 %; not at all unusual for properties else- where in the city. Special circumstances due to lot configuration and topography do not exist in this case. 3) That the special conditions and circumstances do not result from the actions of the applicant; Applicant's Response: SEE, Schedule F, Question 2, 3 Staff Response: No special circumstances are present on this site. 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; Applicant's Response: SEE, Schedule F, Question 4 Staff Response: Section 18.04.010 of the Tukwila Municipal Code states in part "..In the interpretation and application of the provisions of this title, such provisions shall be held to be the minimum requirements adopted for the promotion of the...general welfare of the community." Since the property itself is not characterized by any special circumstances and the height of structures north of I -405 are limited to 45 feet to insure that valley floor construction will be in scale to existing and potential hill- side residential developments, then the granting of the proposed height variance.would presumably be detrimental to the public welfare. 5) The authorization of such variance will not adversely affect the imple- mentation of the comprehensive land use plan; Applicant's Response: SEE, Schedule F, Question 5 Staff Response: The applicants contend erroneously that the Comprehensive Land Use Plan contains no policy statements, but consists of maps only. Adquate research on their part would reveal, however, that a complete policy analysis, supported by map material, constitutes the adopted comprehensive plan for Tukwila. Policy 2, Objective 4 of the "natural environment" section of 'the compre- hensive plan states: "Strive to maximize the natural stream environment along the course of the Green River in conformance with the goals of the shoreline program in Tukwila." As an implementation tool of the comprehensive plan, the Tukwila Shore- line Master Program regulates shoreline - property development intensity. Three land -use designations are included in the master program: 1) "River Zone" - 40' landward from mean - high -water elevation - No private substantial construction permitted. 2) "Low- Impact Zone" - within 100' of mean - high -water elevation - max. height of structures permitted is 35'. 3) "High Impact Zone" - 100' landward from landward edge of low- impact zone. - Structural height allowed per underlying zoning. 6 ) The proposed hotel is to be located within the low- impact river use zone. The variance request, if granted, will exceed the permitted 35' height limit by 95'. Granting of the proposed variance, therefore, will impede implementation of the Shoreline Master Program and, by reference, w4 impede imp entHtt `fert a regl=ain bit -a= kzence will impede implementation of the Comprehensive Land Use Plan. That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Applicant's Response: SEE, Schedule F, Question 6 Staff Response: The necessity of the variance is dependent upon the vici- nity to which the particular parcel is related. If the parcel is associated with the vicinity north of I -405 the variance is not necessary to maintain the common property rights. If it is deemed to be associated with the vicinity located south of I -405 the variance would be necessary to allow this property to be used in a manner consistent with the rights processed by property owners located south of I -405. CONCLUSION: What is apparent throughout the Staff Report is the relationship of the subject property to its surroundings. The conclusion that the subject property is totally associated with the narrow valley extending northward is further substan- tiated by the physical separation of the two valleys by Interstate 405, a major man -made barrier, and by the zoning restrictions placed on all the industrial zoned property situated north of I -405. The narrow and elongated character of the valley and the residential land use of the surrounding hillsides are deemed by Staff to be the basis on which the original height restriction was placed on the property located north of I -405 whereas the much larger valley situated south of I -405 could support taller structures without a detrimental effect to surround- ing land uses. CONCEPT OF LEAST VARIANCE The proposed variance request is for a height allowance approximately three times that permitted by M -1 zoning, and four times that specified in the Shoreline Master Program. The applicants assert that a hotel structure of this intensity is necessary to obtain feasible economic return on their investment. Staff suggests, however, that less variation from prescribed height regulations (and maybe no need for a variance at all) could result if the applicants were to use the entire 7.3 acres of the site, and not just the 5 acres proposed. Use of the full property might enable them to design a structure with the same amount of rentable floor space, and provide adequate parking, while remaining within the 45' height limit of M -1 zoning. Staff concludes, therefore, that the applicants have not offered an adequate case to support the variance request. Special circumstances or hardship beyond the applicants control have not been demonstrated, and reasonable alternatives to reduce the degree of variance requested have not been explored. RECOMMENDATION: Staff recommends the Board find that the subject property is geographically related to the industrial zoned properties and residentially developed hillsides located in and along the long and narrow _valley situated north of I -405 and that the granting of the variance would be a grant of special privelege which would be detrimental to the welfare of the community and therefore the Board deny the variance. i � 5 .A.•• may rfr. % 0 •s: • • ti • • r' f• • • a lag 4N . LANDS of F/012/T0 A �• / �• M M � • � � • • PAPCE .J /1�!/ eC • 1 • s • EXH,LBlT A R .4.Ti: - \‘• 1 • EXHIBIT #1 VARIANCE APPLICATION FIORITO and FERULLO LEGAL DESCRIPTION OF PROPERTY N 22 °08'00" E 223.43 feet; thence tangent to the preceding course along the arc of. a curve to the right having a radius of 50.00 feet and a central angle of 26 °32'41" an arc distance of 23.16 feet; thence tangent to the preceding curve N 48 °40'41" E 41.18 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 60.00 feet and a central angle of 74 °40'06" an arc distance of 78.19 feet to the TRUE POINT OF BEGINNING, and containing 7.335 acres of land more or less. LESS the dedication of the northeasterly and southeasterly 20 feet thereof to the City of Tukwila for a river trail system. .h The northeasterly 5 acres of the following described property: All that certain real property situate in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 +75.0 on the 2M line shown on the State Highway map of primary State Highway No. 1 (SR 405) Green River interchange, sheet 2 of 4 sheets, established by Commission Resolution No. 1192, February 19, 1962; thence, northeasterly at right angles to said 2r.1 line N 30 °27'06" E 284.88 ,feet, thence tangent to the preceding course along .the arc of a curve. to the left having a radius of 300.00 feet and a central angle of 08 °19'06 ", an arc length of 43.56.feet; thence tangent to the preceding curve N 22 °08'00" E 309.43 feet; thence N 64 °00'36" ?' 60.00 feet to a point on the north- easterly line of Southcenter Boulevard as conveyed to the City of Tukwila, by Deed recorded October 29, 1974, under Auditor's File No. 7410290105 and the TRUE POINT OF BEGINNING of the parcel to be described herein; thence from said TRUE POINT OF BEGINNING N 63 °35'49" E 640.40 feet to the bank of the Green River, thence along the ban }: of the Green River the following courses and distances; S 36 °57'02" E 35.20 feet, S 33 °08'34" E 99.98 feet, S 34 °32'34" E 106.41 feet, S 35 °10'59" E 102.59 feet, S 33 °56'05" E 42.65 feet, S 05 °14'06" E 39.33..feet, S 47 °32'38" W 32.76 feet, S 72 °08'52" W 389.92 feet, S 72 °18'44" W 93.66 feet, S 64° 02'45" W 111.69 feet, S 58 °26'46" W 115.38 feet, and S 47 °20'51" VI 271.21 feet, to a point thereon; thence, leaving said bank of the Green River N 59 °32'54" W 152.45 feet to the easterly line of said Southcenter Boulevard; thence along said easterly line N 30 °27'06" E 106.52 feet; thence . tangent to the preceding course along the arc of a to the left having a radius of 330.00 feet and a central angle of 08 °19'06 ", an arc length of 47.91 feet; thence tangent to the preceding curve. • 1.S41. 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M • S1 • feet 4 t0 t c e • h 0t I•le of « end !:*2.0 ter S 0 «: 00.30 •I Ina ▪ 00 n ty • *1 4 0 teen neon WO 10 4 .SI tangent e l Ot «Miry •lene « 10. arc of !•O the left e•.ln• • • 1.11•. f 114.0 .. 0 2 • fear•* angle O4 e0•I0 en t•. . - 100 0 at •1..1 fn. *Penn tangent to ent tf the t enee-n ,0y 1 0* f • eeni 01 0 •1 f « • t •11.et e to the M pe«•ttng canoe along e4 arc arc of of • 1 • curv• to W elet. 010tt 1.4 •call*. at SC.eO 001 en . non e .root to 4M pree.otr1 curve 21.16 fn. • 41.11 Inn *Nett talent M t4 Fenn1101 410 t4 are Of • cern to the left 4011 none 41004 the Of et.. feet end • ant• et t ttttt •n no tlattnee of 72.14 feet to the nee Pont Or •CO7t0ttK. •M tentanin •4tee •f Ian noon or Ien. MIS the 01110«1« of the ..t1400terIy ant •wtheestnly 10 ( «t tree «f t0 tee City Of 4tir1L fey • river tttt1 *yet., \ 4 410, f ) w dw y4 j � • Y n 1 N . SITE r 0t .•tat i.ep' -� 4. I I ` \• i _ 1 11' 4' .11.1.1..1. / ) ,% * ( � / �' • � Y uw•a Y i ,,, a _ 11 1 11 1 y(AI. Ikp1'1 A7 -..1.04 - •(AtLts VIInNIrr rM4' t._ 4 600 O0*, '1/4/4.0 JO•.O. 00.10 SKIT Or 3 / 3 1: x &PO9r) 14 1.1[WILA WAIS.104 WILLIAM S. TSAO t's C2., P.S. ENGINEERS 8, ARrITE:IS 2367 EASTLAKE AVENGE EAST SEATTLE. WASHINGTON 11102 U.S.A. (206) 3244700 :d I! 1 3; 111 sly a o lli T I f l l ; T )OPOh'e-0 fan I'^ORI - rD F -LO 'jUKWlih, wM lH 4 . •=1 :1 4 WILLIAM S. TSAO & CO., P.S. ENGINEERS L ARCHITECTS 230 EASTLAKE AVENUE EAST SEATTLE, WASHINGTON 16102 U.S.A. (206)224 -1110 1 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING Theresa Skobi n oath, deposes and says that .. is the Chief .'� •� of THE DAILY RECORD CHRONICLE, a newspaper published s ) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a Change. ..of •. Me.e•t in.g T1.53.0 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of consecutive issues, commencing on the 8... day of April , 19 8.0and ending the day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $..9.,.72 which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. April ,19. 80 V.P.C. Form No. 87 Rev. 7.79 ss. being first duly sworn on Chief... Clerk Subscribed and sworn to before me this 8 day of Notary Public in and for the State of Washington, residing at &iR, King County. Auburn — Passed by the Legislature, 195S, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. Fr . tt :TKII.I11 iNQTICE'�.i87¢HER VE i ;tf g tti , 7" `a OA. • Via' li4 1i�ii 1t1i! ;i'� �!!►Y 1980' istr,_ r1 '�i31�cix riAa a a r. MASTER LAND DEVELOPMENT APPLICATION FORM FEES: ' 150 RCPT./664(2q M.F. EPIC. • NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. O.C.D. CITY OF TU .WU.A SECTION I. GENERAL•DATA 1) APPLICANT'S NAME Wm . S. Tsao & Co.. PStELEPHONE: (206) 324 -8780 2367 Eastlake Ave E. 2) APPLICANT'S ADDRESS Seattle ZIP: 98102 3) PROPERTY OWNER'S NAME Fiorito & Ferullo TELEPHONE: (20q 789-6110. 1100 NW Leary Way 4) PROPERTY OWNER'S ADDRESS Seattle ZIP: 98107 5) LOCATION OF PROJECT: (geographic or legal descrip.) See attached. 6) NAME OF PROJECT(OPTIONAL) MOLL PAGE: SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: A 12 —story hotel and accessory use. 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? YES 9) PROJECT DATA: a. NET ACRES c. PARKING SPACES 393 b. GROSS ACRES a. NAME: b. NAME: 8 d. FLOORS OF CONSTRUCTION 12 e. LOT AREA COVERAGE BLDG.4O, OOCSQ.FT. LANDSCAPE 17,800 SQ. FT. PAVING 160 0 00SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? 11) EXISTING ZONING M 12. EXISTING CCNO?.PLAN 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION OYES NO ON THE CITY'S ENVIROMENTAL BASE MAP? ADDRESS: ADDRESS: D YES DNO 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLIC..ANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. i OVER ` met su s ioN APPLICANT'S AFFIDAVIT I, , being duly sworn, declare that I am the contract purchaser or owner of the 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. Subscribed and sworn before me this c7 day of /Cc. _ , 198 Notary Public in and for the State of Washington g residing at DATE ,4 P Z 8d X Agir -■/ ture o •nt .ct • rc aser or owner) SECTION IV: SUPPORTING MATERIAL REQUIREMENTS NOTE: All applications require certain supporting documents and information which are described in the following table: TYPE OF APPLICATION (CHECK BOX(ES)) SUPPORTING INFORMATION REQUIRED" REZONING 1E, 2, 3, 4, 5, 7, 11 CONDITIONAL USE PERMIT 1C, 3, 4, 5, 7, 11 VARIANCE 1F, 4, 7, 11 or 17 COMPREHENSIVE PLAN AMENDMENT 1D, 3, 4, 5, 7, 11, 12 SHORELINE MGMT. PERMIT 1B, 3, 4, 5, 7, 10, 11, 13 SHORELINE MG MT PERMIT REVISION 4, 10, 16 WAIVER 1A, 3, 4, 11, 12, 13 r SHORT PLAT 4, 5, 9 BINDING SITE IMPROVEMENT PLAN 4, 5, 8 ARCHITECTURAL REVIEW 11, 12, 13 . LANDSCAPE REVIEW 14 SUBDIVISION 4, 5, 6, 15 SIGN VARIANCE 4, 6,'16, 17 * *See TABLE 1 for detailed description ' MASTER LAND DEVELOPMENT APPLICATION FORM TYPE OF VARIANCE REQUESTED: Proposed height to be 130 feet. © LAND USE (TITLE 18) SIGN CODE (TITLE 19) ❑ OTHER DESCRIBE THE PRESENT OR PROPOSED USE OF THE SUBJECT PROPERTY Present Use - Vacant Proposed Use - Hotel and Accessory Use SUPPLEMENTARY QUESTIONAIRE Schedule F VARIANCE APPLICATION TUKWILA MUNICIPAL CODE (TMC) SECTION FROM WHICH YOU ARE REQUESTING A VARIANCE Zoning Title 18, Sec. 18.40.030 Height DESCRIBE THE VARIANCE ACTION WHICH YOU ARE REQUESTING Height of the proposed building structure to exceed as allowed. DESCRIBE THE MANOR IN WHICH YOU BELIEVE THAT YOUR PROPOSED VARIANCE ACTION SATISFIES EACH OF THE FOLLOWING VARIANCE CRITERIA: (MC 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; ' The l upon other uses in the same zone and vicinity RESPONSE . Th- M -1 zon -• • ••- • _ -. . • • terstate 405 maintains a right to construct up to 300 feet while the M -1 zoned property located north of 1 -405 is restricted to a maximum of 45 feet. This particular parcel of property, although located north of I -405, could well bp ass - .iahad with tha vicinity swt-h of 1 -405 and therefore the variance would not be inconsistent. (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; ppp,1SE Due to the elongated shape of the subject property and its bordering by the Green River, a substantial portion cannot be used according to the intent of the Zoning Code. PAGE 1 OF 2 (3) That the special conditions and circumstances do not result from the actions of the applicant; RESPONSE See (2) . (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; l the north of subject property is King County Park; RESPONSE to the south, structural height of 300 feet is allowed; to the west the ground rises rapidly where development is not feasible; to east it is all industrial development. Therefore the granting of variance to subject property will not be detrimental to public welfare. (5) The authorization of such variance will not adversely affect the implementation of the comprehensive land use plan; The current Comprehensive Land Use Plan contains no RESPONSE policy statements bt.tt rather is merPLy a m, indicating industrial uses in this vicinity. The cascading nature of the current zoning ordinance indicates that commercial and residential uses are allowed in industrial areas. Thus, the granting of the variance would not adversely affect the current 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 Since building height up to 300 feet is allowed south of I -405, the granting of variance would be necessary to allow this property to be used in a manner consistent with the rights: possessed by property owners located south of I -405. PAGE 2 OF 2