HomeMy WebLinkAboutPermit 79-16-SPE - QUACKENBUSH / LOCKE - SETBACK SPECIAL PERMISSION79-16-SPE
QUAKENBUSH LOCKE
City of Tukwila
BOARD OF ADJUSTMENT
Minutes of the special meeting, 14 June 1979.
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 433 -1845
Office of Community Development
The special June meeting of the Board of Adjustment was called to order by Vice -
Chairman Goe at 8:21 P.M. Board members present were Mr. Goe, Mrs. Altmayer and
Miss Morgan. Roger Blaylock was present representing the Planning Division and
Al Pieper, Building Official, was present.
Mrs. Altmayer mentioned her concerns regarding discussing the Quackenbush proposal
at this special meeting.
Approval of the May 3, 1979 minutes was postponed until the next meeting.
OLD BUSINESS
SPECIAL PERMISSION: FRONT YARD SETBACK - LOCKE /QUACKENBUSH:
Mr. Blaylock read the revised staff report.
Mr. Goe stated his concerns in regards to the possibility that if a variance is
granted to Mr. Locke and Mr. Quackenbush does not purchase the property, Mr.
Locke would still have the variance.
It was agreed to add "Should either of these conditions change the condition
would be null and void."
There was a discussion on the length of time building permits are valid. Mr.
Pieper explained that if construction is not started within 120 days it is void,
but if construction starts prior to 120 days the permit is valid for any length
of time.
Mr. Don Quackenbush, 14252 - 59th Avenue South, stated that it is the intent of
the plan to locate the house at the same setback as the adjacent house.
Discussion ensued regarding possible setbacks. If the setback was 131 feet, it
would put the house 18 inches closer to the road and 18 inches further away from
the bank. Mr. Blaylock said he would not object as long as it followed the set-
back of the Van Dusen property.
Mr. Goe asked if 18 inches would make that much difference if grading was done
on the property?
1
Board of Adjustment
Minutes
Discussion continued regarding possible setbacks.
MOTION CARRIED WITH MRS. ALTMAYER VOTING NO.
NEW BUSINESS
SPECIAL PERMISSION: FRONT YARD SETBACK - JOHANSON:
Page .2
14 June 1979
Mr. Blaylock explained that it could because of the slope.
MOTION BY MISS MORGAN AND SECONDED BY MRS. ALTMAYER TO ACCEPT THE STAFF RECOMMEN-
DATION TO GRANT SPECIAL PERMISSION TO MR. JEM LOCKE AND MR. & MRS. DONALD D.
QUACKENBUSH'S REQUEST TO MODIFY THE FRONT YARD SETBACK FROM 35 FEET TO MEET THE
SETBACK OF THE NEAREST STRUCTURE ON THE SAME SIDE OF THE STREET IN THE SAME BLOCK
ON THE EAST HALF OF LOT 20, BLOCK 15 OF HILLMAN'S SEATTLE GARDEN TRACTS FOR THE
CONSTRUCTION OF A SINGLE- FAMILY RESIDENCE AS SHOWN IN EXHIBITS A, B, C AND D WITH
THE CONDITION THAT IN CASE A BUILDING PERMIT IS NOT ISSUED WITHIN ONE YEAR FROM
THIS DATE THE EXCEPTION IS NULL AND VOID WITH THE ADDITION THAT SHOULD EITHER OF
THESE CHANGE THEN THE EXCEPTION SHALL BE NULL AND VOID. (EITHER REFERS TO THE
ISSUANCE OF THE BUILDING PERMIT OR THE STARTING OF CONSTRUCTION.)
Mrs. Altmayer mentioned her concern over approving an exception on property that
hasn't been surveyed and she also didn't agree with conclusion #2 in the staff
report.
Mr. Blaylock read the staff report.
Mr. Blaylock read section 18.60.80 of the Tukwila Municipal Code (TMC). There
was a discussion regarding section 18.60.80.
TMC 18.68.040 was discussed concerning the expansion of nonconforming uses. Mr.
Pieper explained that if an addition to a nonconforming use meets the require-
ments of the TMC the addition would be granted a building permit.
Mr. Blaylock explained that he felt other alternatives were possible and he could
have suggested the Board table this item to allow the applicant time to provide
information to prove no other alternatives exist.
Mr. Johanson explained he had considered all possible alternatives and showed
the Board some possible alternatives using the site plan. He also explained why
they wanted the garage in the proposed location.
MOTION BY MRS. ALTMAYER AND SECONDED BY MISS MORGAN THAT BASED UPON CONCLUSION #1
AND THE FACT THAT MR. JOHANSON HAS STATED POSSIBLE ALTERNATIVES TO THE PROPOSED
SITE DESIGN PROPOSAL, IT IS MOVED THAT THE EXCEPTION BE APPROVED AS PRESENTED IN
EXHIBITS A, B, AND C TO ALLOW THE REDUCTION OF THE REQUIRED FRONT YARD SETBACK.
•
There was a discussion concerning the fact that this was a single- family dwelling
instead of a multi - family dwelling.
MOTION BY MISS MORGAN AND SECONDED BY MRS. ALTMAYER TO AMEND THE MOTION TO ADD:
14 June 1979
CITY OF TUKWILA
PLANNING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
`8:00 P.M.
AGENDA ITEM I I I. A : . PERMISSION: Front Yard Setback:
Locke /Quackenbush
Mr. Jem Locke, owner of Lot 20, Block 15 of Hillman's�.Seattle Garden
Tracts, has added his name to.,the application submitted by Mr. & Mrs. Don
Quackenbush for an exception from the —front yard setback requirement for
a construction of a single - family dwelling.
The findings and conclusion from the previous staff report (7 June 1979)
are still valid. There has not been sufficient time to request a legal
opinion of the City Attorney concerning whether the exception is granted
to the land or to the specific plans. It is the contention of the staff
that exceptions are granted only in cases of special hardship where the
parcel does not provide a sufficient building area to construct a dwelling.
Hardship can only be proven when specific plans are submitted. Therefore,
it is the staff's opinion that an exception is similar to a contract
rezone where it is project specific.
In addition, the staff has been analyzing whether an exception once granted
should not have a termination date in case the applicant decides to delay
construction indefinitely. Since variances and exceptions are not out-
right "rights" granting of either for an unspecified period appears to be
an actual rezone or code modification. This could be a dangerous precedent
in that people could assume that anyone with a nonconforming building or
on the same block as a nonconforming building will be granted an exception
by the Board of Adjustment. Therefore the staff believes that the Board
should place limitations on an exception as does in the cases of variances.
RECOMMENDATION
The staff recommends that the Board of Adjustment grant special permission
to Mr. Jem Locke and Mr. & Mrs. Donald D. Quackenbush's request to modify
the front yard setback from 35 feet to 15 feet on the east half of Lot 20,
Block 15 of Hillman's Seattle Garden Tracts for the construction of a single -
family residence as shown in Exhibits A, B, C and D with the condition that
in case a building permit is not issued within one year from this date the
exception is null and void.
7
City of Tukwila
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 433 -1845
Office of Community Development
BOARD OF ADJUSTMENT
Minutes of the regular meeting, 7 June 1979.
The Board of Adjustment met in executive session with the City Attorney, Mr. Larry
Hard, to discuss the legal disposition of possible legal action involving the action
taken by the Board of Adjustment at their regular meeting on May 3, 1979 concerning
the Terranomics Corporation.
The regular June meeting of the Board of Adjustment was called to order by Chairman
Duffie at 8:06 P.M. Board members present were Mr. Duffie, Mrs. Regel, Miss Morgan,
Mrs. Altmayer, and Mr. Goe. Roger Blaylock was present representing the Planning
Division and Mr. Pieper was present representing the Building Division.
MOTION BY MISS MORGAN AND SECONDED BY MR. GOE TO TABLE THE APPROVAL OF THE MAY 3,
1979 MINUTES UNTIL THE NEXT REGULAR MEETING. MOTION CARRIED.
Miss Morgan asked Mr. Blaylock to find out what her term of office is.
NEW BUSINESS
ECIAL PERMISSION: FRONT YARD SETBACK - QUACKENBUSH:
Mr. Blaylock read the staff report. •
There was a discussion regarding the location of the Quackenbush's property. It
was explained that it was directly behind the service station.
There was a discussion on whether or not the proposed house would block anyone's view.
Mr. Quackenbush mentioned they would take care not to block anyone's view.
There was a discussion on the ownership of the property. Mr. Quackenbush said Mr.
Locke was the owner. The question arose concerning who should have made the excep-
tion request, Mr. Quackenbush or Mr. Locke? Mr. Blaylock explained that we're
passing judgement on the structure and not on who is actually the applicant.
There was a discussion regarding the location of the house if it were built with the required
setback.
Mr. Gary Van Dusen, 14228- 59th Avenue, mentioned he was a proponent for the proposal.
Mr. David Sivertsen, 14296-59th Avenue South, also spoke as a proponent.
There was a discussion on other nonconforming homes in the area. Mr. Blaylock men-
tioned many of the homes have their front yards within the street right -of -way.
Board of Adjustment
Minutes
Mrs. Regel and Mrs. Altmayer felt Mr. Locke should have applied for the exception.
Mr. Blaylock explained the property is not subdivided so Mr. Quackenbush cannot
purchase it because Mr. Locke cannot legally sell it.
MOTION BY MR. GOE AND SECONDED BY MRS. ALTMAYER THAT CONSIDERING THAT THE LANDOWNER HAS
NOT REQUESTED THE APPLICATION THAT THE BOARD DISCONTINUE ANY FURTHER CONSIDERATION
OF THE APPLICATION.
MOTION BY MRS. ALTMAYER AND SECONDED BY MISS MORGAN TO RECONSIDER THE MOTION.
MOTION CARRIED.
Discussion continued regarding who should make the application and the subdivision
of the property.
Mr. Blaylock was asked to get a legal opinion and inform the applicant of the
decision. Mr. Blaylock said another alternative would be to have Mr. Locke cosign
the application.
Mr. Goe explained the intent of the motion he made that the legal owner should be
represented by application.
MOTION CARRIED.
At this time the Board recessed for a quick break.
OTHER BUSINESS
DISCUSSION: TERRANOMICS CORPORATION:
Page 2
7 June 1979
Mr. Pieper explained that the applicant requested the Board discuss their pre-
vious variance request.
Mel Peterson, Terranomics Corp., explained that he had talked to the City Attorney,
Larry Hard, and that due to the voting procedure, Mr. Hard said that the Terranomics
Corp. would be granted another hearing. He mentioned he requested a discussion
prior to the new hearing so that he and. the Board could come up with a solution
that is acceptable to all. He also mentioned that they will apply for a B.S.I.P.
Mr. Peterson displayed and explained the new site plans. He said they would like
to place a sign in the landscaped area that would identify both tenants. Mr.
Peterson mentioned that Pacific Stereo would like the sign to be as close to 35
feet tall as legally possible.
Mr. Peterson asked for the Board's feelings on:
a. What is your feelings on the Binding Site Improvement Plan?
b. If we go to a Binding Site'Improvement Plan would the Board accept a
sign that is of the square footage compatible with the ordinance with
two (2) signs on one pole?
CITY OF TUKWILA
PLANNING DIVISION
•
BOARD OF ADJUSTMENT
STAFF REPORT
7 June 1979 8:00 P.M.
AGENDA ITEM IV. A: ' SPECIAL PERMISSION: Front Yard Setback - Quackenbush
Mr. and Mrs. Donald D. Quackenbush have submitted development plans (Exhibits A,
B and C) requesting that the Board of Adjustment grant special permission to
allow a modification of the front yard setback for a single family residence.
T.M.C. 18.60.080 authorizes the Board of Adjustment to modify the front yard
requirement if either of the following two circumstances prevail:
1. "where the frontage upon the same block is occupied or
partially occupied by a building or buildings with front
yards, some or all of which are of less depth than required
by this title" or
2. "where the topography of the ground is such as to make
compliance with the front yard requirements impractical"
The applicant has completed a variance application form to provide the Board
of Adjustment with sufficient data to make a decision.
FINDINGS:
1. Lot 20, Block 15 of Hillman's Seattle Garden Tracts extends from Interurban
Avenue to 59th Avenue South.
2. The lot has a total area of approximately 14,950 square feet. It is the
intent of Mr. & Mrs. Quackenbush to purchase the west half of the lot if
the Board of Adjustment grants the modification.
3. The east half of Lot 20 is zoned C -1 Neighborhood Retail Business, while
the west half is zoned R -1 -7.2 Single Family Dwellings.
4. The Comprehensive Land Use Plan designates the east half as Commercial and
the west half as Low Density.Residential.
5. Access to the east half of the lot is from Interurban Avenue, while access
to the west half of the lot is from 59th Place South. This is a result of
the topography of the site.
6. Exhibit A shows the proposed demensions of the lot and the location of the
residence on the lot.
7. T.M.C. 18.12.080 requires that the front yard be a minimum of 25% of the
depth of the lot, but not more than 30 feet, provided the building is at
least 55 feet from the centerline of the street.
8. 59th Place South is an undeveloped street. It has a 40 foot right -of -way
which dead ends.
Board of Adjustment
7 June 1979
., page 2
9. The residence on Lot 22 (SEE EXHIBIT D) is approximately 13.5 feet off
of the right -of -way for 59th Avenue South, while the pavement is approximately
23 feet from the house.
10. The three houses on•the west -side of 59th Place South, but east of 59th
Avenue South have front yards that vary from 8 to 12 feet in width.
CONCLUSIONS:
1. Lot 20 has been divided by both the Comprehensive Land Use Plan and the
Zoning Ordinance anticipating different uses for the east and west halves
of the property. This definitely is a result of the topography and the access
to the lot. The useable building area as shown on Exhibits A and C clearly
shows that the useable space on the west half of the lot is very limited
thus suggesting a modification of the front yard setback to allow the
construction of a single family residence without extensive excavation and/
or sophisticated engineering beyond that normally required for the conventional
home.
2. Nearby lots on the same slope have front yards that do not meet the requirements
of T.M.C. 18.12.080. Therefore, they enjoy privileges that new residences
could not have under the provisions of the Tukwila Municipal Code without
relief from the Board of Adjustment.
RECOMMENDATION:
The staff recommends that the Board of Adjustment grant special permission to
Mr. & Mrs. Donald D. Quackenbush's request to modify the front yard setback
from 35 feet to 15 feet on the east half of Lot 20, Block 15 of Hillman's
Seattle Garden Tracts for the construction of a single family residence as
shown in Exhibits A, B, C and D.
I, J.440 T .eG
contract
the for oing
submitted are
belief.
this // day of
AFFIDAVIT
being duly sworn, declare that T am the
a'ser or caner of the property involved in this application and that
statements and answers herein contained and the information herewith
in all respects true and correct to the best of my knowledge and
Subscribed and sworn before me
tiur 19 77
Notary Public in and for the tath/ of Washington,
residing at
•
Signat Ee of Contract Purchaser or owner)
A69 )1f,e
('Nailing Address)
(City) (State
(Telephone)
Exhibit F
Quackenbush
O►La ty4 ti
o s Z
• 1908:
•Cit of Tukwila
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188
Office of Community Development
Mr. $ Mrs. Don Quackenbush
14252 59th .Avenue South
Tukwila, Washington 98168
Dear Mr. & Mrs. Quackenbush:
After reviewing the application that you submitted for a variance to
the front yard setback on your proposed residence on 59th Place, the
staff has determined that there is no need to apply for a variance.
However, it is necessary to have the Board of Adjustment review the
proposal and grant permission to located the residence under the
provisions of T.M.C. 18.60.080 as a special exception. I have therefore
scheduled the item to appear before the Board of Adjustment at their next
regular meeting on Thursday, June 7, 1979 at 8:00 p.m. in the City Council
Chambers.
Please find enclosed the check that you had submitted with the variance
application. There are no fees associated with a request for .special
exception.
If I can be of any further assistance, please call me at 433 -1848.
Enclosure:
cc. P1. Sup.
433 -1845
May 21, 1979
Sincerely,
lede
Roger J. Blaylock
Assistant Planner
FOR OFFICE USE ONLY
Appl. No.
Receipt No.
Filing Date City Council Action
Hearing Date
J1 Tic
5'
APPLICATION FOR
APPLICANT GM L TO AN� SWERAA,L THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY:
Name oon e.op . a Q Vi c_1e_Y�uAls.LU x vs 4 Address I45 z 59t
• Tu1tWIL/4..1A -aTON J81:,8 Telephone No. e44 658 4-
Property Petitioned for variance is located on
between and
Total square footage in property 7500 Z54 Z?. FT
LEGAL DESCRIPTION OF .PROPERTY t. oe[e 15 A Less EAs-r I.4Ae. F.
N 14L N1A N'5 �ATTa- E G 'Q T TS
Planning Commission Action
Ordinance No. & Date
5. What hardship exists making this variance necessary?
ILL �t.E Ai TJ9GNM� -r.
Form B
Existing Zoning ? -i. -
What are the uses you propose to develop on this property? StNULa G'AMIL_Y
(1;=• E.' CE
Number of permanent off - street parking spaces that will be provided on property?
Number required Tv./o
NOTICE TO APPLICANT: The following factors are con-
sidered in reclassifying property or modifying regula-
tions. Evidence or additional information you desire
to submit to substantiate your request may be attached
to this sheet. (See Application Procedure sheet Item
No. 2 for specific minimum requirements.)
1. What provisions will belmade to screen adjacent and surrounding property from :lily
incompatible effects which may arise as a result of the proposed land use classification
ArC s��i���.'pi►aU �E i *.J.
2. What provisions will be made to provide for necessary street widening to City
minimum standards? 'hJ ee-r A PPi- tc4ALE
3. What provisions will be made for adequate sewer and water service?
'S 2
e 0 B e r a Tu I
C t TY O F Ty 1Lwt e_q o �E� �1[ -ATI d rV S
4. Any other comments which the petitioner feels are appropriate
�} t_tzq�6 SEE A T rAc tie r.
ITE.M 4.
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THAN Mows ALA-READY ESTA>bI.ISH61. Fem. EXISTING'
REsYDENCES oTl Tt♦t~ SAME Set OF Tt+E
E.XISTe N�a STREET Cs W AveNtle So.)TH).
I, (
contract
the for
submitted are
.� �(,/"Zel -.4 -1 i(.4a2 , being duly sworn, declare that I am the
aser or owner of the property involved in this application and that
oing statements and answers herein contained and the information herewith
3n all respects true and correct to the best of my knowledge and
belief. •
Subscribed and Sworn before me
this / 1 I day of
Notary Public in and for the tat
residing at , r,
AFFIDAVIT
/tit -e-L�
• 19.
of Washington,
(LA1. of Contract Purchaser or owner)
6Ma1134 Address)
e1P /6 f2
City / (State)
r,W (Telephone)
AFFIDAVIT
I c ! f\_1\ L_ o G f t , 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 // day of
residing at
i n Jture of Contract Purchase -o1 acaer )
~ 1 4 (I 1 i\I te v� ol -i /v A \/L S 7
(Mailing Address)
- 7 - 1)/cW) LA , w / -ls/-1 //
(City) (State)
L/33-- 6 193. 3
(Telephone)
,1979.
ry Public n d for the State of Washington,
e - -�'
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EXHIBIT A
QUACKENBUSH
I
1-
2
. d OF WAY
:SITE FLAW
6 = 1 ` O
37 1 0 "
7' d' ' ;
'4• FRO RTY L.! 14E
a rt ofry'ER.. - rY LjNS ,
LOCATION OF FROIJT
UILDI J 5E1 BACK - FO
CONCIDE \-4 1.1EXT ADjACZwT
PROPE'K Y (t.iOT TO EXC,E D 3 `-
r i;:O 1 CE7 ITE.I. LINE OF RIG> F W..A`r)
LOT zO
Q
PROPERTY 1:INE�
1111
lilt
a ,1111'
rdo _ 1111
1111
: 1111
,- PROPERLY LINE:
€. RI6 -r OF WAY"4.
EXHIBIT C
QUACKENBUSH
EXHIBIT D
QUACKENBUSH
3.
TuItWlLq \WA5NINCT0l-4 IG,
�a<s r- c E
Number of permanent
4.
"ScE ATTAGN MCrr r.
APPLICATION FOR
Form
FOR OFFICE USE ONLY
Appl. No. Planning Commission Action
Receipt No.
Filing Date
Hearing Date
• City Council Action
'.Ordinance No. & Date
APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY:
Name oe VicKY COuACIc.. us“ Address 140SZ 59 4vs. S
Telephone No. Z 44
Property Petitioned for variance is located on
between and
Total square footage in property 750 0 5c=. • F'-r
LEGAL DESCRIPTION OF . PROPERTY Lo O , "$LOClc. 15 j !_<�� EAST 1 -L ALF•
N 1 L-L MIN �3 SEATTLE A:z �E�! - 1 - 1Z. Ac Th
Existing Zoning 1R
What are the uses you propose to develop on this property? 151rvGL.G
Number required Two
1= A M tt_Y
off - street parking spaces that will be provided on property?
NOTICE TO APPLICANT: The following factors are con-
sidered in reclassifying property or modifying regula-
tions. Evidence or additional information you desire
to submit to substantiate your request may be attached
to this sheet. (See Application Proced a sheet Item
No. 2 for specific minimum requirements.
1. What provisions will be made to screen adjacent and surrounding property from
imcompatible effects which may arise as a result of the proposed land use classification
LA xel oscAPINIG. - 1 2 7 v1. - a�N�i_�� SIG t.L
2. What provisions will be made to provide for necessary street widening to City
minimum standards? $ J ,-r A PPS -mA LE
What provisions will be made for adequate sewer and water service?
SE WS FZ ArE'> - f �r j, E'cz - Sy 0 erY 1=ae�
C in QF 1u�wee� MEGtL.4TiotiS
Any other comments which the petitioner feels are appropriate:
5. What hardship exists making this variance necessary?
PLEAS �tF AZTAGNM��1T.
Exhibit E
Quackenbush
IrEt.,c 5. HARtsk
Tt 4 RE:sma.7.4ce I S :St aka D TO z,E. ERVE.
'5 tiH . NES OF A "Oc,//4CBNT At-4 b - i •. 6 R'R.caul4tW 4 i
GAize I4AS ANb .Ju..t P e. TA$'. 4 To PFez.vtc,c 'pastrlVc.
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14 45 bo st•% S mat" Oty 14r $ ly A WAY WHICH
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THE 6NVtir-c.Nt.4614 TAL STA4SILrr( OF THE Ar-CA thl
G uLb r c 1.4.
THE FOLLO•lw.tt, Cot•latTloMS NECESSITATE TIr{E GtLAt'ITIN4
o F TH t3 VAS IAt-tc.E. ATurLICATION •
1..
T P C,, APHY OF THE. SITE tS SUCH THAT
Co MpLIANCE WITH THE Qit.escir. M. F7t ot.tT
S rT'BAc K L+/eu� -L� 1.1 & - MESS'TATR A het ottE
So PF{�STIcATV.'i� METt+ob of 'SEWAGE "D1SP034(._
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