HomeMy WebLinkAboutPermit 80-27-SMP - CODIGA - RIVER EXTRACTION SHORELINE SUBSTANTIAL DEVELOPMENT80-27-SMP 12529 50TH AVENUE SOUTH
CODIGA RIVER EXCAVATION SHORELINE SUBSTANTIAL DEVELOPMENT
CODIGA RIVER EXTRACTION SHORELINE SUBSTANTIAL DEVELOPMENT
SHORELINE MANAGEMENT
City of Tukwila
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 433 -1845
Office of Community Development
James A. Codiga
12529 50th Avenue South
Seattle, WA 98178
SUBJECT: Application 80- 27TSMP (Variance Request)
3 October 1980
Following their deliberations at the 2 October 1980 meeting, the
Tukwila Board of Adjustment voted to deny the subject Shoreline Variance Request, based on findings that the proposed action does
not constitute a public purpose as implicitly- required in Chapter 6,
Paragraph 12, of the Shoreline Master Plan Program, and that no
instance of hardship has been demonstrated in the application con-
text.
A copy of the summary minutes for the meeting are enclosed.
Please note that decisions of the Board of Adjustment are final.
Appeal action is open to the Superior Court of King County.only.
You may, however, reapply for the subject permit with new infor-
mation substantiating that the primary purpose of the application
is flood management.
Please direct any questions regarding this matter to my attention.
MC:nb
Enclosure
TUKWILA N ANNING DEPARTMENT
Ma Caughey
Acting Director
q s City of Tukwila
Z
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 433 -1845
Office of Community Development
BOARD OF ADJUSTMENT
Minutes of the Board of Adjustment meeting of 2 October 1980.
The meeting was convened at 8:05 P.M. by Chairman Richard Goe. Board
Members Altmayer and Regel were present.
Mark Caughey, Acting Planning Director, was present on behalf of the
City Staff.
MOVED BY MRS. REGEL, WITH MRS. ALTMEYER'S SECOND, TO APPROVE THE MINUTES
OF THE 4 SEPTEMBER 1980 BOARD OF ADJUSTMENT MEETING AS PUBLISHED. MOTION
CARRIED UNANIMOUSLY.
PUBLIC HEARING
- Application 80- 27 -SMP: James A. Codiga requesting approval
of Variance from Chapter 6, Paragraph 12, of the Tukwila Shore-
line Master Plan Program to permit removal of sand from the
Duwamish River and stockpiling thereof on the Shoreline.
Property located at 12529 50th Avenue South.
Mark Caughey read the project staff report.
Chairman Goe declared the Public Hearing open at 8:17 P.M.
-James Codiga, 12529 50th Ave. So., Seattle
Mr. Codiga stated that the primary purpose of the application
is flood control protection of the bank (which he owns) oppo-
site the proposed sand bar extraction site.
He stated his disagreement with the staff report assertion
that the primary purpose of the dredging operation is eco-
nomic.
In response to Mrs. Altmayer's question, Mr. Codiga stated
that he intends to purchase the sand bar from the State Depart-
ment of Resources and resell the material. He also noted that
the entire extraction process would be conducted at his sole
expense.
Chairman Goe requested of Mr. Codiga that he explain to the
Board the details of Diagram Exhibit "D ". Discussion followed
in an effort to clarify the geographic location of the extrac-
tion area, and the scope of work involved.
Page 2
Mr. Caughey explained the application forms submitted and pro-
cedures which were followed by the applicant, and restated
Staff's reasoning for the variance requirement as related to
the "public purpose" interpretation of Chapter 6, Paragraph 12.
- Francis North, Box 441, North Bend
Mrs. North stated that she is a co -owner of the property across the
river from the variance site; she emphasized that Mr. Codiga's
proposed action is primarily one of flood control. She explained
the stream velocity problems created by the sandbar, and the
resulting impacts upon the integrity of the shoreline of her
property.
Chairman Goe asked if the Shoreline Master Plan differentiates
between "flood control" and "erosion" control. Mr. Caughey
answered that neither term is defined in the Master Plan. He
then asked Mrs. North to elaborate on the degree of erosion damage
which the Codiga family has experienced on their property. She
also noted that their concern is to insure against future loss
of the property in question.
-Norma Derr, neighbor of Francis North
Ms. Derr amplified Mrs. North's remarks relative to characteristics
of the river flow and the resulting erosion impacts of the river
action.
- Violet Buchanan, 12560 51st Place So., Seattle
Ms. Buchanan stated that she has resided at her present address
for 36 years and is not aware of severe flood problems in the
area as described. She suggested that a comprehensive study of
flood problems in the area be undertaken by the Corps of Engineers.
She stated her objection to the stockpile location near her
property due to on -going dust problems associated with the Codiga
landscape materials yard. She then showed the Board the location
of her property relative to the proposed stockpile, and asked
for assurance that the stockpile would, in fact, be located in
the location shown on Exhibit "D ".
In response to the chair, staff noted that the Codia property
is zoned M -1 (Light Industry).
Chairman Goe asked Mr. Cogia to verify that the sandbar in question is sub-
merged at high tide; Mr. Codiga confirmed this point. He then provided the
Board with his estimation of the depth and volume of the sandbar and the
influence on the river course which may result from its removal.
Mrs. Altmeyer then inquired of Mr. Codiga why, if flood control problems
of this magnitude are being experienced, have they not petitioned the
County to undertake the dredging operation; she questions whether it is
a private land - owner's responsibility to undertake flood protection operations,
and whether the variance request is actually motivated primarily for public
BOARD OF ADJUSTMENT
2 October 1980
Page 3
TING MINUTES
benefit. Mr. Codiga noted that his proposed action will protect his lands
on both sides of the river, and that although the County's efforts to
maintain the shoreline have generally been satisfactory, funding priorities
may not allow for immediate resolution of the problems created by sandbar
in question.
In response to a question from the Chair, Mr. Caughey noted that his under-
standing of Mr. Codiga's "primary" intent being resale of the extracted
sand was based on personal conversation with him prior to filing of the
application.
Mr. Codiga estimated that the proposed stockpile would
50' from the edge of the river bank and 300' from 50th
With no further comment forthcoming from the audience,
Public Hearing at 9:07 p.m. and declared a recess.
The Board reconvened at 9:18 p.m.
The Board then reviewed the testimony presented verbally by the applicant
and public, and by the Staff Report. Mr. Caughey described the topography
of the Codiga river bank as observed in the field, and then restated the need
to substantiate the presence of "hardship" in this application in order to
approve a variance.
The Board expressed some doubt about the adequacy of information presented
which substantiates the engineering effectiveness of removing 500 cu yds.
of material, thus demonstrating public purpose.
Staff explained the relationship between the Variance Request and the Shore-
line Management Substantial Development Permit. Mr. Caughey reviewed the
history of the Codiga variance application back to 1978. He emphasized that
Mr. Codiga was made aware of the variance necessity prior to his filing the
present action in March, 1980.
rk Caughey
Secretary
be located approximately
Place South.
Chairman Goe closed the
MOVED BY MRS. ALTMAYER, WITH MRS. REGEL'S SECOND, TO DENY APPLICATION
80- 27 -SMP SINCE THE STATED PURPOSE OF THE APPLICATION DOES NOT SUBSTANTIATE
THE PRIMARY INTENT OF INITIATING FLOOD CONTROL IMPROVEMENT, AND THAT THE
APPLICANT HAS NOT DEMONSTRATED "HARDSHIP" RELATIVE TO VARIANCE THEORY.
MOTION CARRIED, 3 - 0.
The Board directed Staff to transmit a copy of these findings to the appli-
cant.
NEW BUSINESS
The Board discussed permit processes relative to the distribution within the
City by local newspapers of mailing tubes on private property, and what
controls are available to the City, if any, to regulate that distribution.
The Regular October Meeting of the Board of Adjustment was adjourned at 10:08 p.m.
TUKW A.80ARD OF ADJUSTMENT
Dear Mark:
FT /ch
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
Frank Todd, Mayor
Mark Caughey
Acting Planning Director
Tukwila, WA 98188
September 30, 1980
RE: Codiga request to clear sandbar from Green River
In discussing this subject with Mr. Codiga, I came away with a feeling
of agreement with him for two reasons:
1. Removing the sandbar as he has done in the past increases
the storage capability within the bank of the river.
2. The sandbar diverts the river flow to the opposite bank
of the river and creates undue pressure on the riverbank
creating major erosion potential.
In light of the above conclusions, I support his permit application to
remove the sandbar at his expense as he has been allowed to do in the past.
cc: J. Codiga
Very truly yours,
rank Todd
Mayor
INTRODUCTION
The applicant is requesting a
Use Variance from Chapter 6 of
the Tukwila Shoreline Master Plan
Program to permit dredging within
the Duwamish River for purposes of
extracting 500 cu, yds, of sand and
storage thereof on the shoreline.
The applicant's principal motivation
for this dredging operation is
commercial resale of the extracted
sand bar; Chapter 6, Subpart 12, of
the Shoreline Plan recognizes
dredging only for purposes of
navigational improvement or flood
control.
STAFF REPORT
CI T Y OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
AGENDA ITEM IV CODIGA SHORELINE VARIANCE (80- 27 -SMP)
FINDINGS
1) The subject property is owned by King County, and is leased from the County by
James Codiga, the applicant in this case. The County has authorized Mr. Codiga
to make the subject application to the City (See Ex. A).
2) The Green /Duwamish River is defined in the Shoreline Management Act of 1971
(RCW 90.58) as a "Shoreline of Statewide Significance;" accordingly, regulation
of uses made of the river and its environment within 200' of the mean high water
elevation are subject to controls prescribed by the Shoreline Act of 1971, and
more especially to local controls prescribed in the Tukwila Shoreline Master.
Program.
Agenda Item IV - Octodr 2, 1980
CQdi,9a Shoreline Variance (80.27 -SMQ)
Page 2
FINDINGS - Contd.
3) The "River Use Zone" is defined in Chapter 6 of the Tukwila Shoreline Master
Plan as:
"An impact buffer area which provides for resource protection,
flood control maintenance, pollution control and landscape
enhancement. This zone includes the first 50 feet from the
mean high water mark."
4) Chapter 6 of the Tukwila Shoreline Master Plan Program prescribes use regulations
within the Duwamish River Environment. Paragraph 12 under "General Regulations"
states:
"Dredging for purposes other than for navigational improvements
or flood control is prohibited."
5) The proposed sand removal is primarily a private economic purpose rather
than one of public convenience; accordingly, a use variance from Chapter 6
is necessary, according to criteria specified in Chapter 7 of the Tukwila
Shoreline Master Plan.
6) Private resource extraction processes conducted within the river courses of
the State are under the direct jurisdiction of the Washington Department of
Natural Resources which concurs with the proposed sand bar removal (See
Ex. B).
7) The King County Public Works Department, Division of Hydraulics, which is
responsible for Flood Control Management of the Green /Duwamish River, has
stated that the proposed sandbar removal action will have a beneficial effect
on the river's flood -water carrying capacity (Ex. C).
The proposed resource extraction operation is subject to permit restrictions
issued by the State Department of Fisheries. Conditions which will be appended
to the approved fisheries permit will include:
1) No dredging work may be conducted within any submerged portion of the
river bed or bank.
A 2% slope from shoreline to river bed must be maintained within the
effected resource extraction area to promote adequate river flow.
No ''holes " or other restrictions may be created within the resource
extraction area which might cause fish to become trapped.
9) No significant vegetation exists within the shoreline area .affected by this
application. The shoreline currently serves as a cattle pasture.
CONCLUSIONS
Variance deal with specific requirements of the Master Program and its objective
is to grant relief when there are practical difficulties or unnecessary hardships in
the way of carrying out the literal application of the Master Program. The property
owner must show that if he complies with the provisions, he cannot make any reason-
able use of his property. The fact that he might make a greater profit by using his
property in a manner contrary to the intent of the program is not a sufficient
reason for variance.
Agenda Item IV - Octo 2, 1980
Codiga Shoreline Varian a (80- 27 -SMP)
Page 3
Criteria 1:
Response:
Criteria 2:
Response:
Criteria 3:
Response:
The hardship which serves as the basis for granting of a variance
is specifically related to the property of the applicant.
The property of King County, controlled under lease by Mr.
Codiga, is the only sight affected by proposed application.
No off -sight conditions necessitate the proposed variance request.
The hardship results from the application of the requirements
of the Act and Master Program and not from for example,
deed restrictions or the applicant's own actions.
The proposed variance request is necessitated by that portion of
the Shoreline Master Program which restricts river dredging to
an established public purpose such as navigation or flood - control
improvements. The variance is not necessitated by the
applicant's own action.
The variance granted will be in harmony with the general purpose
and intent of the Master Program.
The objective of the Shoreline Master Program is to develop a
continuing program based on the Shoreline Management Act of 1971
which will reflect the aspirations of the citizens of Tukwila.
Basic overall goals were developed to express the intent of the
Shoreline Management Act in general:
1. "Promote reasonable and appropriate use of the shorelines
which will promote and enhance public interest."
- We discern from Chapter 6 that the City views the process of
dredging as a disruptive activity which should be motivated by
a clearly - demonstrated public purpose. While the proposed
variance action may result in some secondary benefit to the
public, the primary purpose of the request is private economic
advantage to a particular land -owner and is inconsistent with
local Shoreline Management objections.
2. "Protect against adverse effects against the public health,
the Zand, its vegetation and wildlife and the waters and
their aquatic life within Tukwila."
- Subject to complaince with Fisheries Permit Controls discussed
above, the proposed sand .bar removal action will not adversely
affect flora and fauna in the project vicinity.
3. "Protect public rights of navigation."
- Due to the relatively small quantity of material involved in
this request, navigability of the river will be affected negligibly.
4. "Recognize and protect private property rights consistent with
public interest."
- Since sand and gravel within the River environment are the
"property" of the State Department of Resources, we conclude
that the question of private property rights does not impinge..
on this variance request.
Agenda Item IV - Octor 2, 1980
Codiga Shoreline Variance (80-27-SMP)
Page 4
5. "Maintain a high quality of environment along the shorelines of Tukwila."
- Staff has some reservations about the visual impact of stored material
on the shoreline.
6. "Preserve and protect fragile natural resources and..culturally significant
features."
- We conclude that the proposed action presents no sustained threat to
delicate natural or cultural resources in the community.
7. "Provide safe and reasonable access for the public to the shorelines.
Encourage recreational activities unique to or dependent upon the use
of the river which benefit the public interest."
- The dangers presented by operation of machinery needed to extract and
transport aggregate material, and the noise and odors which such equipment
produce, will adversely affect public access to, and enjoyment of, the
river shoreline.
8. "Recognize, protect, and improve aquatic habitats and spawning grounds of
the Green River, which are invaluable natural resources. Recognize,
protect and improve those wildlife habitats which are valuable natural
resources of the State."
- Again, subject to compliance with Fishery Permit Controls, no adverse
biotic impacts are expected to result from this action.
Criteria 4: Public welfare and interest will be preserved; if more harm will be
done to the area by granting the variance than would be done to the
applicant by denying it, the variance will be denied.
Response: From the foregoing analysis of local Shoreline Management objectives,
we conclude that the cumulative impact of the proposed variance action
will be negligible to slightly adverse; however, due to the relatively
short period of time needed to complete the extraction and stockpiling
process, adverse impacts will be of short duration.
RECOMMENDATION
Staff recommends denial of the proposed Variance Request.
While the overall impact of this project appears to be relatively harmless, we
find no instance in our analysis of the project's merits relative to Shoreline
Variance criteria that substantiates the concept of "Hardship." The proposed
private extraction of river resources has not been demonstrated to have been
motivated by circumstances beyond the applicant's control, but rather for private
economic gain. However worthy the objectives of this proposal may be, we cannot
support a Variance Request in the absence of a clearly - discernable instance of
hardship.
Debn.s & G
bar removal
200 yds.
I
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River
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�\ re.lacement
State 714
10
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Scale -2" t.
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City of Tukwila jurisdiction extends to both East and
West banks of Duwanish riyer at )roposed project site.
1
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10 2 4�
Sec , To i ip .North, Range (1) or (W)
will protect this ban
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SKETCH MAP
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/sandbar ��, !, �1:
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f
The sample map to the left indicates the type of
information which should be provided. Any scale
may be used and the space does not necessarily
have to represent a Section. Please indicate clearly
all pertinent data on the space provided above for
a sketch map —Type of project, area of stream in-
volved, landmarks, distance and direction to nearest
town, etc.
1i' Sond 1', !c
1 , oundaat
TO: Mark Caughey, Acting Planning Director
FROM: Caroline V. Berry, Planner
DATE: 14 August 1980
SUBJECT: CODIGA APPLICATION FOR A VARIANCE
On Monday, 11 August 1980, a party came into City Hall with the purpose
of inquiring about and voicing opposition to Codiga application for
a variance from Chapter 6, Paragraph 12 of the Tukwila Shoreline Master
Plan to permit removal of 500 yards of sand and stockpiling thereof on
the Duwamish River Bank. There is suggestion that perhaps a variance is
not the correct way to approach the granting of the request.
Let me explain. The Shoreline Master Program for the City of Tukwila,
Washington, (Ordinance #898), Chapter 6, Use Regulations, Sub - Section
12, states: "Dredging for purposes other than for navigational improve-
ments or flood control is prohibited." and Sub - Section 13 states: "Mining
is prohibited along the river shoreline." Mr. Codiga is proposing the
removal of sand and stockpile for economic profit, which may result in a
slight flood control improvement. This appears to be in direct conflict
with the Ordinance. Should Mr. Codiga decide to further pursue his
request, he should apply for a Code Amendment to the Tukwila Shoreline
Master Program (Ordinance #898), not a variance.
There are two kinds of variances, "area" and "use ". Robert Anderson, a
renown authority on zoning law, states in the 1976 edition of American
Law of Zoning, Section 18.06 and 18.07, the definitions are as follows:
A "use" variance, as the term implies, is one which permits
a use of land other than which is prescribed by the zoning
regulations.
and
City tf Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
Frank Todd, Mayor
MEMORANDUM
An "area" variance is one which does not involve a use which
is prohibited by the zoning ordinance. Area variances involve
matters such as setback lines, frontage requirements, height
limitations, lot -size restrictions, density regulations and
yard requirements.
Memorandum
Mark Caughey
also,
k
Page 2
14 August 1980
He further elaborates that in general the granting of the two variances are
based on separate criteria. This is illustrated in the court decision in the
Alumni Control Board, etc. v. Lincoln (1965):
Commenting on the practical significance of the distinction, the
court said that use variances are customarily concerned with "hard-
ship", while the area variances are customarily concerned with
L:500
"practical difficulties. 0 p\ xi
Based upon the above definitions, Mr. Codiga's request is not an "area"(variance, 'iiO
but probably a "use" variance. The Washington Administrative Code 173 -14 -150 �``
Review Criteria for shoreline variance permits discusses the conditions that should
be met: I.t "uss" (041 9
The purpose of a variance permit is strictl imited to granting
relief to specific bulk, dimensional or performance standards set
forth in the applicable master program... (emphasis added).
In other words, the only variance allowed to the Shoreline Management Program
is the area -type variance; use variances appear to be discouraged.
In addition, variances to permit more profitable use such as the action pro-
posed by Mr. Codiga, are consistently denied by the courts. Mr. Anderson,
writes in Section 18.23 of American Law of Zoning:
...may seek to establish a use which seems likely to yield a greater
return. Clearly, if proof of financial loss is insufficient to
establish unnecessary hardship, evidence which shows that a use for
which a variance is sought will be more profitable than a permitted
use should not be adequate. The courts have consistently held that
a variance may not be granted solely on the ground that such relief
will enable the applicant to make greater profit.
..the Supreme Court of Kentucky underscored the potential harm to the
whole zoning scheme which is inherent in the granting of variances to pro-
duce more income. It said in the decision of Moore v. Lexington case (1948):
"If mere denial of additional revenue should be considered a
hardship which would justify variations from the terms of a
zoning ordinance, the whole scheme of zonal planning could be
wrecked. We do not think deprival of additional revenue under
the facts in this case is a hardship within the meaning of the
zoning laws." (Emphasis added.)
The courts do not uphold the removal of natural resources as criteria for
granting of variances. According to Mr. Anderson's text, the court said
in the appeal of Mutual Supply Co. (1951):
"Mere added advantage or financial benefit to an applicant for a
variance of a zoning ordinance does not warrant judicial interference
with the administrative board's exercise of its discretion in apply-
ing the zoning ordinance according to its terms."
CVB /ckh
Memorandum
Mark Caughey
Considering the above information, probably the most appropriate action in
this case would be to apply for a Code Amendment, not a variance. Chapter
6 - Use Regulations, Section 12 and 13 could be amended in a manner to delete
these regulations, thus creating a situation that is satisfactory to both the
applicant and the decision makers.
cc: File 80- 27 -SMP
Page 3
14 August 1980
King County, State of Washington
John D. Spellman, County Executive
Department of Executive Administration
Shani N. Taha,Director
Mr. James A. Codiga
12529 50th Ave., So.
Seattle, WA 98178
May 1, 1980
Real Property Division
Chris J. Loutsis, Manager
500A King County Administration Bldg.
500 - 5th Avenue
Seattle, Washington 98104
(206) 344-3970
REQUEST TO REMOVE SAND AND STOCK PILE ON RIVERBANK - EARLINGTON PARK
Dear Mr. Codiga:
Your request to remove and stockpile 500 yds of sand within the property you
rent from King County is approved.
You should not proceed with this work until all other governmental approvals
and permits are granted.
I wish to bring to your attention the insurance requirements of paragraph 16,
page 5 of 5, of the Monthly Rental Agreement signed by you on April 11, 1980.
It will be appreciated if you will comply with the requirement at your earliest
convenience.
Also, the following is a summation of your rental payments as of May 1, 1980.
Rent Due Am't Pd. Am't. Due
Ae
JWR /mml
Attach.:
April - $ 67.20
May - 120.00
Additional Deposit -
Last Month - 70.00
$257.20
(EXHIBIT "A ")
0.00 67.20
120.00 0.00
0.00 70.00
$120.00 $137.20
It will be appreciated if you will remit the amount due, $137.20, by return mail.
Thank you for your cooperation in this matter. If you have any questions please
call me at 344 -7494.
I am returning a fully executed copy of your new Monthly Rental Agreement.
Very truly yours,
James W. Ro e
Right -of -Way Agent
4)080
dX• 33b
Gentlemen:
March 31, 1980
Planning Department
City of Tukwilla
Tukwilla, WA. 98067
Re: Direct Sale of Valuable Materials /James A. Codiga
Bed of Duwamish River, Sec. 10, T.23N, R4E
To assist you in considering approval of his application for
U.S. Army Corps of Engineers Permit, we have been asked by
Mr. Codiga to write to you letting you know we have no objection
4 to the proposed project.
Mr. Codiga has entered into a direct sale agreement with the
Department of Natural Resources, and we have only a proprietary
interest in the removal of river material.
Yours very truly,
BERT L. COLE
COMMISSIONER OF PUBLIC LANDS
FRED C. HART, Area Manager
Cr
y
David S. Pierce
Sound Unit Local Manager
DSP:db
cc:
STATE OF WASHINGTO
V 4 6
Gf,a emewce`
1taeaa€ e4oaee4
Area File
James A. Codiga
12529 - 50th Avenue S.
Seattle, WA. 98178
r-.
28329 SE 448th Street'' v..
Enumclaw, Washington 98022
(EXHIBIT "B")
AN EQUAL OPPORTUNITY EMPLOYER
COMMISSIONER
BERT L. COLE
R. A. BESwICK
SUPERVISOR
JUL 2 51980
Mr. James A. Codiga
12529 - 50th Ave. So.
Seattle, WA 98178
Dear Mr. Codiga:
In response to your letter of June 27, 1980, we have determined
the following:
The sand bar in question is a problem, as far as river flows
are concerned. Mr. Roger Brazier of my staff met with you on
the 16th cif July, took photos and discussed the removal of the
sand bar.
King County, Public Works Dept., Division of Hydraulics has
no objections to your undertaking removal of the sand bar, at
your expense. We are pleased with your civic - minded attitude,
as your project represents a river improvement program. Re-
moval of the sand bar will aid immensely in improving river
flows and also aid in reducing pressure on the west river bank.
Should you have any questions, feel free to call Hydraulics
Division, 344 -4034 at any time.
Sincerely,
(A)J2L,
William B. Davies, P.E.
Engineering Support
for David A. Aggerholm, Manager
Surface Water Management Division
WBD :RSB:erw
King County tie of Washington
John D. Spellman, County Executive
Department of Public Works
James W. Guenther, Director
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
Telephone: (206) 344 -2517
(EXHIBIT "C ")
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EXWE3IT.." A"
PARCEL A
Commencing the South quarter coiner of Sec.' 0, Tarp 23 N. , Rge 4 East, W.X. ,
in County, Washington'and, proceeding thence,
North 34'1.7'35" East 1,748.60 ft. thence,
South 2 °27'48" West 150.00 ft. along the We•, terly R /S•1 line of 46th Avenue South,
South 87 °32'12" East 1,223.28 ft. along the.Southerly R/W line of South 125th Street,
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•
South 30 °46'1Z" East.470.00 ft. along said R /W line of 50th•Place South, thence,
South 59 °13'48" West 198.71 ft. thence,..,
West 50 feet more or less to the vegetation line of the Du wzmish.• Rive ti, thence,
I orthwesterly along. the. vegetation line of the Du*.�r'ri sh River to a• point that bears
. South 59 °13'48" West from the True Point of Beg-11171;71z, fhpnr -a,_., •
North 59 ° 13'48" . East 195 - feet reore or .less to the True. •Poilrt of Begi.v "i '-.
Lots 32 through 43,...Block. 13 of Allentown Addition, to the' City of Seattle -
• i
EXCEPTING therefroa any part or parcel , of Lots 32 through .3E
Addition toithe City of Seattle ..• . •
Containing 1 19 , 6 2 0 square feet of land' more or less, , and 11
. S.E. y of Selc. 10, .and in. the S.W. of the • S.W.,'k .of Sec.; 11,
W.N. , Ki.n g County, Washington. .
•
Con=encing fi the *South 'k corner of Sec. 10, T:•n 23 N., ge 4 'East, W.�i. , Kin Coatty,
Washinoton<and proceeding thence,
North 45 ° 17 . "Last ,1,748.60 ft., thence,
South 2 °27'4 " West • 150.00 ft. along the W1y.R /.W line of 46th Avenue South,-thence,
South 87 ° 32' 2" East 1,223.28 . ft. along the Sly R/W lime. of South 125th .Street, the: ce,
South 30 East 670.00 ft. along the Stilly R/W line of '50th Place South, the
True Point of Beginning, • thence, •• • - •
.Block 13 of Allento
in the S.E. 4 of the
Twp 23"N., Rge 4 East,
•
•
•
South 30 °46'12" East 410 feet more or less to the vegetation line of the Duwa.vish
River, thence,
Westerly and Northerly along the vegetation line of the Duwamish to a point that
bears West from the Northwest corner of Lot •45, thence, ;: • . • •
East 68 feet more or less to the . north est of Lot' 45, thence,
North 59 ° 13'48" East 207.17 feet to the-True Point Beginning
Lots 45 through 52, Block 13 of Allentown Addition to Lae city of o::attle,
containing 146,000 square feet. of .land, more or less, and lying in the S. E.+. of the
s. E. 1 of Sec. 10, and the S. W. k of S. W. 4 of .Section 11 Tcrp 23 North, Rge.
4 East, W.X., king County; Washington:
•
•
thence,
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
ss.
Michele Spaulding being first duly sworn on
oath, deposes and says that Shg the Chi e' Clerk of
THE DAILY RECORD CHRONICLE, a newspaper published six (6) 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 Notice
T.597
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
1.9 . day of September , 19 ....60., and 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 5...16.47vhich
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.
Subscribed and sworn to before me this 22 day of
..Sep.teraber , 19....
V.P.C. Form No. 87 Rev. 7 -79
Chkef...C1erk
Notary Public in and for the State of Washington,
residing at mem-, King County.
— Passed by the Legislature, 1955, 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,
3 i t `'
C, y'CK AT g4 ;#
STATE OF WASHINGTON
COUNTY OF KING
V.P.C. Form No. 87 Rev. 7 -79
Affidavit of Publication
1
ss.
ThE%x'.A.SkI. ko.k2x.17, being first duly sworn on
oath, deposes and says that ... eis the Ohi ef... Clerk of
THE DAILY RECORD CHRONICLE, a newspaper published six (6) 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 ... ;vatiee•••af. Application
TX T1583
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of 2 consecutive issues, commencing on the
11...... day of August , 1980 , and ending the
18 day of AUgUBt ,19 80 ,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 $.1 B /00which
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.
Chief Clerk
Subscribed and Sworn to before me this 1 day of
August 19 80
Notary Public in and for the State of Washington,
residing at Swat, King County.
— Passed by the Legislature, 1955, 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.
•
of Tiikwila
98188
MASTER LAND DEVELOPMENT APPLICATION FORM
1. General location of proposed project / 5,2-9 .moo ??/ A"UE
(give street address, if lmown,
f 97 fl GJ
47 /g - 1 , 7'
o rwise relate to nearby intersections or streets.)
within MAk (i0 • (quarter section of section /0 of
township 3 N., Range / ('E) W.M., in Tukwila,
King County, Washington.
2. Name of water area and /or wetlands within which development is proposed
1)11(4)Ai - 1 1 5 - 1/ (1E
3. Current use of the property with existing improvements /417 - 4..e&
4. Proposed use of property Q c4 /tn1 d j - e—
SUPPLEMENTARY QUESTIONAIRE
Schedule
B
SHORELINE MANAGEMENT
5. A. Total construction cost and fair market value of proposed project
including additional developments contemplated but not included in
this application:
B. Construction dates (month and year) for which this permit is requested:
' Begin End 1),6 - C. 3 ( , / C 0
6. (To be completed by local official) Nature of the existing shoreline.
(Describe type of shoreline, such as marine, stream, lake, lagoon, marsh,
bog, swamp, flood plain, floodway, delta; type of beach such as accretion,
erosion, high bank, low bank or dike; material such as sand, gravel, mud,
clay, rock, riprap; and extent and type of bulkheading, if any):
7. (To be completed by local official) In the event that any of the proposed
buildings or structures will exceed a height of 35 feet above the existing
grading level, indicate the approximate location of and number of residen-
tial units, existing and potential that will have an obstructed view.
1 t \
City of Tukwila
6200 Southcarner Boulevard
Tukwila ! Mse g1on 98188
. MASTER LAND DEVELOPMENT APPLICATION FORM
FEES:
RCPT.
M. F.
EPIC.
NOME: Please write legibly or type all requested information -- incomplete
applications will not be accepted for processing.
SECTION I. GENERAL DATA
1) APPLICANT'S NAME 3 S A. coo/6 A TELEPHONE: (,,206) 76;4.'7 6,?
2) APPLICANT'S ADDRESS /Z 5 a '7 So r,i ('&J f &iria . ZIP: ! X /
3) PROPERTY OWNER'S NAME 9mt3 4 C OD /G- -r9 � TEE _ LEPHONE: (Z) 6) 7G L (Q 7 ' '
ri 4) PROPERTY OWNER'S ADDRESS"? 5,;29 S 077/ 11144, k'r7 f d IP: c� / 7 L/ ,
5) LOCATION OF PROJECT: (geographic or legal descrip.) S f C 7' o of
706 -) .,s4;p 2. 3 /UO�f/� � /4/1� � � E>
N T L )a < N, y 'To a T
KROLL PAGE:
6) NAME OF PROJECT(OPTIONAL) / E nv10 L 0 F Sr N
SECTION II: PROJECT INFORMATION /t
7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: * 7 /)") 0 ii, SOU G 0 F
S An)j / nl b S_'oc p, /c. z_2. R
DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? I1YES
9) PROJECT DATE
a. NET ACRES
c. PARKING SPACES
b. GROSS ACRES d. FLOORS OF
CONSTRUCTION
e. LOT AREA COVERAGE BLDG. SQ.FT. LANDSCAPE
PAVING SQ. FT.
10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 101? YES 'ENO
11) EXISTING ZONING AN. 1 12. EXISTING CC .PLAN
NO
13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION E1YES 0 NO
ON THE CITY'S ENVIRONMENTAL BASE MAP?
14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER
DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY DINNER, PLEASE
INDICATE BELOW.
a. NAME: ADDRESS:
b. NAME: ADDRESS:
SQ. FT.
OVER
SECTION III: APPLICANT'S AFFIDAVIT
1, �/.4mES A. C any GA , 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 bef re me
this '�c� `' day of de,49g%)
otary lic , in a j or t e
residingat .4)
11V AiSaettsrs or owner)
SECTION IV: SUPPORTING MATERIAL REQUIREMMENTS
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 ANCIENT 1D, 3, 4, 5, 7, 11, 12
..ajORELINE MGMT. PERMIT- 1B, 3, 4, 5, 7, 10
E INE MGMT PERMIT .REVISION
WAIVER
SHORT PLAT
BINDING SITE IMPRCNEMENT PLAN
ARCHITECTURAL REVIEW
LANDSCAPE REVIEW
SUBDIVISION
SIGN VARIANCE
4,10,16
1A, 3, 4, 11, 12, 13
4, 5, 9
4, 5, 8
11, 12, 13
14
4, 5, 6, 15
4, 6, 16, 17
* *See TABLE 1 for detailed description