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HomeMy WebLinkAboutPermit 79-20-SPE - JOHANSON - SETBACK SPECIAL PERMISSION79-20-SPE 6425 SOUTH 153RD JOHANSON SETBACK SPECIAL PERMISSION Board of Adjustment Minutes 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 0. 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. 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 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: Board of Adjustment Minutes "CONSIDERING THIS A SINGLE - FAMILY RESIDENCE." MOTION CARRIED. MOTION CARRIED AS AMENDED. Miss Morgan mentioned she won't be able to attend the July meeting. Page 3 14 June 1979 There was a discussion on changing the exception section of the Tukwila Municipal Code. Mr. Goe requested a•copy of the proposed zoning ordinance for himself and the other Board members to review at least 3 weeks prior to the Planning Commission Public Hearing. Mr. Blaylock suggested scheduling a work meeting, to discuss the proposed zoning ordinance, sometime in the future. MOTION BY MISS MORGAN AND SECONDED BY MR. GOE TO EXCUSE MRS. ALTMAYER FOR MISSING THE APRIL AND MAY MEETINGS. MOTION CARRIED. MOTION BY MIS MORGAN AND SECONDED BY MRS. ALTMAYER TO EXCUSE MRS. REGEL AND MR. DUFFIE FROM THIS EVENINGS MEETING. MOTION CARRIED. MOTION BY MISS MORGAN AND SECONDED BY MRS. ALTMAYER TO ADJOURN THE MEETING. MOTION CARRIED. The special meeting was adjourned at 10:20 P.M. by Vice - Chairman Goe. BOARD OF ADJUSTMENT Roger Blaylock Secretary Minutes prepared by:' j'1 CU ''� Charlene Howat, Secretary Office of Community Development Board of Adjustment Minutes Page 3 7 June 1979 c. We would like some indication of the height and location of the signyin that general vicinity. Mr. Blaylock and Mr. Pieper explained the purpose of a Binding Site Improvement Plan. Mr. Peterson explained the history of the sign variance application. There was a discussion regarding elevations in the parking lot and the location and size of the sign. Mr. Pieper explained where the sign could go and Mr. Peterson explained where they would like the sign to be located. Mr. Goe mentioned his concerns regarding nonconforming signs. He said the sign ordinance states that all nonconforming signs would have to come down in 1980. Mr. Pieper explained that he felt the intent of the sign code was that the non- conforming signs that are suppose to come down in 1980 alluded to signs that were nonconforming at that time (1973), and that any signs that have variances granted for them after the adoption of the sign code are legal because they have a variance. There was a discussion regarding on premise signs, plus the location and size of the sign. Miss Morgan said that on behalf of the citizens we cannot give you (Mr. Peterson) the information you are asking for. We have an obligation to go through a due process which involves your making a new application with a description of what it is you want to do, we get a staff report on the situation and what is involved and that we have another meeting and make a decision at that time. At this time there was a short recess. MOTION BY MRS. ALTMAYER AND SECONDED BY MR. GOE THAT THE DISCUSSION ON THIS SUB- JECT BE CLOSED. MOTION CARRIED. It was suggested that Mr. Blaylock write a letter to the Mayor concerning noncon- forming signs that have to come down in 1980. Mr. Pieper said a list had been made of all the nonconforming signs. OTHER BUSINESS: Mr.. and MnCleid JohG9 resented a site plan of their residence at 6425 South t,. --°" 53rd requesting an exception from the front yard setback under TMC 18.60.80. General discussion followed. Miss Morgan stated she was uncomfortable with not going through the normal pro- cedure. Board of Adjustment Minutes MOTION BY MISS MORGAN AND SECONDED BY MR. GOE TO HAVE THIS REQUEST FOR EXCEPTION BE A PART OF OUR AGENDA FOR THE NEXT MEETING WITH A WRITTEN STAFF REPORT TO US PRIOR TO THE MEETING. MOTION CARRIED. The next regular meeting will be July 5, 1979. Discussion followed about moving the meeting date up. MOTION BY MR. GOE AND SECONDED BY MRS. ALTMAYER TO HOLD A SPECIAL MEETING ON JUNE 14, 1979 AT 8:00 P.M. MOTION CARRIED. There was a brief discussion on duties of the Board of Adjustment. There was a discussion on penalties for nonconforming signs. Mr. Pieper read a section in TMC regarding penalties. MOTION BY MRS. ALTMAYER AND SECONDED BY MISS MORGAN TO ADJOURN THE MEETING. MOTION CARRIED. The regular May meeting of the Board of Adjustment was adjourned by Chairman Duffie at 11:26 P.M. Minutes prepared by: Charlene Howat, Secretary Office of Community Development BOARD OF ADJUSTMENT Roger Blaylock Secretary G Page 4 7 June 1979 14 June 1979 CITY OF TUKWILA PLANNING DIVISION BOARD OF ADJUSTMENT STAFF REPORT 8:00 P.M. AGENDA ITEM IV A : SPECIAL PERMISSION: Front Yard Setback - Johanson Mr. and Mrs. Reid Johanson have submitted development plans for the addition of a garage and family room (Exhibit A, B, and C) requesting that the. -- Board of Adjust- ment grant special permission to allow a modification 6f yard setback for a single - family residence. T.M.C. 18.60.080 authorizes the Board of Adjust- ment to modify the front yard requirement if either of the following two circum- stances 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." FINDINGS: 1. The existing residence was constructed prior to 1957 on Lot 2 of W. M. Addition. 2. The carport was partially enclosed in 1969. 3. The lot has a total area of approximately 13,140 square feet. 4. The lot was zoned R -3 in 1957 under Ordinance #251, the original zoning ordinance for the City of Tukwila. 5. T.M.C. 18.16.040 requires that the building be setback at least 50 feet from the centerline of the street. 6. On site inspection and review of L.I.D. #29 plans revealed that the Johanson residence is approximately 45 feet from centerline of South 153rd Street while the Anderson house to the west was 65 feet and the Robinson house to the east is approximately 482 feet from the centerline. 7. Both the Robinson and Johanson residences are non - conforming in respect to front yard setbacks. The Robinson's is 12 feet, while the Johanson's is 5 feet. 8. The Comprehensive Land Use Plan designates the parcel as low density residential. Board of Adjustment Page 2 Staff Report 14 June 1979 CONCLUSIONS: 1. The intent of T.M.C. 18.60.080 centers around the term "established yards." Exceptions have been included in the Tukwila Municipal Code to provide a means of relief from the strict application of the code. However, the exception must be applied uniformly to assure justice. Three cases occur frequently: (1) A new building on a vacant lot with an adjacent lot being occupied with a non - conforming building. (2) Two buildings side -by -side on adjacent lots, both of which are non- conforming, but one is closer to the street. The third is where there is one building on one lot which is designed with a portion of the building conforming and a portion which is non- conforming in respect to the front yard setback. (3) The question that arises is that whether the yard of the parcel requesting the exception can be considered in defining the term "established yards." In the case of a vacant lot there is not "established yard" on the requesting parcel. Therefore, it can have a building constructed on it according to the setback of the "other established yards." On the other hand, if we were considering a request by the Robinson's we would be using the Johanson's house as the guide. Therefore, it appears to be illogical not to use the "established yard" of the Johanson's to be the norm in reviewing their own application be- cause we would allow an adjacent parcel to use the same "established yard." 2. However, the application of T.M.C. 18.60.080 must be based upon specific development plans which show that other alternatives have been considered and were found to be impractical. The applicant has submitted a set of development plans for review. Alternatives were not suggested on those plans or with the accompanying letter. Based upon those plans and an on -site investigation there appears to be sufficienct space to remodel the house without requesting an exception. There is 25 feet of buildable space on the west side of the house and approximately 30 feet on the east. Since there are no criteria for the Board of Adjustment to use in evaluating a request for an exception, the burden of proof is upon the applicant. He must show that there are no other practical alternatives. In effect the granting of an exception where the parcel is fairly level and buildable within the limitations of the code requirements, actually gives the property owner special privileges that other property owners in the same zone do not enjoy. In addition, the indiscriminate approval of exceptions without some type of review criteria by the Board of Adjustment appears to set a precedence in instances where there is room to conform. This could be very profitable to the property owner in some cases. An example would be a non - conforming multiple family dwelling. If an apartment house only had a 15 foot setback and a new_ apartment building wanted to go in adjacent to it, the property owner could apply for an exception. This gain of 15 to 20 feet of buildable area becomes very valuable at a density of 1 apartment per one or two thousand square feet. This section on exceptions is proposed to be eliminated from the new zoning ordinance. Board of Adjustment (7,' Staff Report RECOMMENDATIONS: 1' C N.Page 3 14 June 1979 The staff recommends that the Board of Adjustment deny the request by Mr. & Mrs. Reid Johanson for an exception to the front yard setback based on the fact that the applicant has not demonstrated that other possible practical alternatives are not feasible. In addition, the staff recommends that the Board of Adjustment recommend to the Planning Commission and City Council that the exception section of the zoning ordinance (T.M.C. 18.60.080) be omitted or rewritten in the new zoning ordinance in a manner so that the Board of Adjustment can apply the intent fairly and justly. City of Tukwila Board of Adjustment Thank you for your interest and time. Yours truly, Reid and Elaine Johanson xi June 10, Ladies and Gentlemen: We request that the Board hear our plea of exception to the front yard allowment under T. M. C. 18.60.080. ?fie are asking that you allow the exception since our house was built prior to the existing ordinance. Our plan is to enclose our carport and add an additional port easterly to house one more vehicle - -in other words, a two car garage. This addition can do no less than improve the appearance of our home as well as provide heat insulation to the ad- jacent walls and improved security. The entire neighborhood will benefit from the improved appearance. This garage plan does not worsen the non- conformancy. We have no desire to get closer to the street. 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