HomeMy WebLinkAboutPermit 78-09-V - HAZELNUT RESTAURANT - PARKING VARIANCE78-09-v
14025 interurban avenue south
hazelnut restaurant
8 May 1978
Gary Crutchfield
Assistant Planner
GC /ch
cc: Dir, OCD
Bldg Off
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
Mr. Gary Jackson
1919 Dexter Avenue North
Seattle, Washington 98109
RE: VARIANCE @ Hazelnut Restaurant
Dear Mr. Jackson:
Your application for variance (M /F #78 -09 -V) was considered by the Tukwila Board
of Adjustment last evening.
The Board, after due consideration of the information received during the public
hearing, unanimously voted to deny the variance request on the basis that a
qualified hardship had not been demonstrated. Consequently, the parking lot
design must conform to Chapter 18.56 (TMC) with specific regard to discontinua-
tion of the driveway adjacent the south property line.
Should you have any questions, please call.
Since ely,
6230 Southcenter Boulevard u Tukwila, Washington 98188 w (206) 242-2177
Ft
APPLICANT:
LOCATION: 14025 Interurban Avenue South, Tukwila
SIZE: 55,836 square feet (1.28 acres)
ZONE: C -2 (Local Retail) and R -1 (Single- family)
COMPREHENSIVE PLAN: Commercial
3. The building was remodeled in 1969 and further altered in 1974.
4. Existing site improvements are as outlined in Exhibit B.
CITY OF TUKWILA
PLANNING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
8:00 P.M.
4 May 19-78
AGENDA ITEM
REQUEST: VARIANCE from Parking Lot Construction Requirements (Section
18.56.040 TMC)
VARIANCE for Driveway Location (Hazelnut Restaurant)
INTRODUCTION:
The Hazelnut Restaurant is planning expansion and desires to maintain an existing
driveway situated in conflict with Section 18.56.040 (TMC).
FINDINGS:
1. The Hazelnut Restaurant is located on Lots 9, 11, 12 and 13 of Block 8, Hill-
mans Seattle Garden Tracts. Lot 9 is zoned R -1 while the remainder (lots 11-
13) is zoned C -2. Its address is 14025 Interurban Avenue South and is situated
immediately north of the Longshot Tavern. (SEE, Exhibit A)
2. The building housing the Hazelnut Restaurant is assumed to have bee co
prior to 1965 since Building Division records indicate that alter to the
building were authorized under Permit #226 in December 1964.
5. Exhibit C depicts the proposed site improvements. The existing 5,600 square
feet (approximately) of paved parking area is proposed to be increased to pro-
.vide approximately 24,000 square feet of parking area.
6. Chapter 18.56 (TMC) sets forth minimum regulations for construction of parking
lots. Section 18.56.020 obligates parking lot areas being constructed for
existing as well as new buildings to "...comply with the requirements of this
chapter as to the location and construction of the parking space... ".
Board of Adjustment
Staff Report
Pace 2
4 May 1978
7. Section 18.56.040 states "...edge of curb cut or access shall be no closer
than twenty feet from a corner property line... ". The proposed plans include
improvement of an existing "service drive ", 18 feet wide, immediately adjacent
to south property line.
8. The application for variance (Exhibit 0), under Section 5, states the hardship
upon which the variance is requested is the need to "...improve the service
entrance."
9. Exhibit E depicts the floor plan of the restaurant. The service area is
situated in the south wall of the building and is directly related to the
kitchen and storage areas.
10. The 'service drive' area (as it is noted in Exhibit C) is necessary to provide
space for trucks to unload supplies to the restaurant kitchen as well as re-
move refuse. The existence of the curbs cut for the service drive area pro-
vides convenience for truck maneuvering but conflicts with Section 18.56.040.
11. On site investigations reveal principal use of cecondary driveway is exit for
large truck /trailer combinations frequenting the eating establishment.
12. Since the building and site are proposed for improvement, with specific regard
to parking, Chapter 18.56 is applicable in terms of the design and construction
of the parking area.
13. Chapter 18.56 has been ultimately respected by other existing developments in
the same zone and vicinity. Specifically, the Longshot Tavern curbed its set-
back area. The Whitehouse Tavern, although a considerable distance from this
. site, provided driveways in conformance with Chapter 18.56 in conjunction with
site revisions.
CONCLUSIONS:
Section 18.72.010 spells out six criteria for application by the Board to any
variance request. Each is individually assessed hereunder:
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;
CONCLUSION: As noted in Finding #1,t, other site alterations in the vicinity
and same . zone have complied with the minimum standards for parking lot construc-
tion.
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.
CONCLUSION: There appear to be no special circumstances related to this
request whatsoever, save the applicant's desire to not only maintain but
considerably improve a drvieway which does not conform to the location require-
Board of Adjustment Q
Staff Report
Page 3
4 May 1978
ments of Chapter 18.56 (TMC). As evidenced by the Exhibits included with this
report, the site is more than large enough to accommodate the necessary parking
in a manner consistent with Chapter 18.56; is not of an irregular shape such that
compliance is inherently difficult; does not contain significant topographical
limitations; nor is the location or surrounding of the property such that a secon-
dary driveway need be authorized closer than twenty feet from a corner property line.
3. That the special conditions and circumstances do not result from the actions
of the applicant;
CONCLUSION: Inasmuch as no qualified special circumstances exist, this criteria
is inapplicable.
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.
CONCLUSION: The twenty foot distance set forth by Section 18.56.040 is expressly
stated to be the minimum and may even be increased when required for safe movement
of vehicles or pedestrians. The obvious objective of this minimum requirement is
to assure that at least 40 feet of curbed street frontage exists between driveways
for public safety. Consequently, authorization of the secondary driveway in its
proposed location may be detrimental to the public welfare.
5. The authorization of such variance will not adversely affect the implementation
of the comprehensive land use plan;
CONCLUSION: The Comprehensive Land Use Policy Plan promotes commercial use of
this and adjacent properties fronting Interurban Avenue.
6. 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..
CONCLUSION: Other property owners in the vicinity and same zone must respect
Chapter 18.56 provisions when constructing new facilities as well as revamping
existing developments. The location of a secondary curb cut in conflict with
Chapter 18.56 is neither essential to preserve common property rights nor is it
necessary to provide access to the service area of the building.
It is important for the Board to distinguish between the need on the one hand
for a paved service area at the service entrance of the building and, on the
other hand, the need to provide direct access to Interurban Avenue from the
service area. The principal driveway (located north of the building) is neces-
sary and sufficient to provide ingress /egress for all vehicular traffic associated
with this facility, including service vehicles. Moreover, the parking area in the
rear of the building may be simply revised to provide truck maneuvering space in
order that service trucks may back -up to the service area and, when finished,
return to the primary driveway for access to Interurban Avenue.
SUMMARY
Board of Adjustment
Staff Report.
•Page 4 -
4 May .1978
RECOMMENDATION:
Staff recommends the Board, based on the foregoing report find no demonstrated
hardship exists, conclude the parking lot must conform to the provisins of
Chapter 18.56, and deny the variance application.
vicinity map
plan
site plan legal description
FOR OFFICE USE ONLY
Appl. No.
Receipt No.
Filing Date
Hearing Date
APPLICATION FOR VARIANCE
Planning Commission Action
City Council Action
Ordinance No. & Date
Form B
APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY:
Name 46k _ _____ 1.1 let
..� -5 ���� r I �� l{•1��'T�.1 Telephone No. 040 AbOSA
Property Petitioned for variance is located on 14,1. R19ft.i. 1;01t144.
between
2. What provisions will be made to provid
minimum standards? l�
`t vg S1411 ir►,mI0L , -s Q
Address
and
Total square footage;, in property
LEGAL DESCRIPTION OF PROPERTY 1-Q1 1\ 12. % 13 44 1 �.,L.�GI� --•
L MA+1.45- ,SE1�Tf�. G•�•rt�� +�- - �"iQ..tyc s /s's P�� P '
Existing Zoning
What are the uses you propose to develop on this property?
rJ 1 i.11 144 9P14C.e. e..1102.0 PbOA
Number of permanent off - street parking spaces that will be provided o
Number required
4. Any other comments which the petitioner feels are appropriate':
40 2� �•Ni'�'ie.�.11t� 4 S,
44
roperty?
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 be made to screen adjacent and surrounding property from any
imcompatible effects which may arise as a result of the proposed land use classification
for necessary street widening td
0
3. What provisions will be made for adequate sewer and water service? 1.404w,L.
Yule
5. What hardship exists making this variance necessary?
p . r cri• 00 -G': ,.o i 1 . 4 „....th. 044,
MILK. 1i:►,r., E 'Slob $. 1412:
n . 1 at '
C.4 INT 4
44D1.1 \qtr c,o 'tLlWdu...., L1
/111q. A \( - . .. L..I ch ..�'Y 054%0 C. S' ostgrri-cidt!
Is , 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 any knowledge and
belief.
Subscribed and sworn before me
or
this ! day of C.•L j , 19_7 ,
Notary Public in for the State of Washington,
residing at
2
AFFIDAVIT •
4 r / 1
S;14 ature of Contract Purchaser • r owner
/ C L S'• -
(Mailing Address)
(City)
(Telephone)
(State)
Form C
V.P.C. Form No. 87
c
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
MA'_ gsr'et Herbau , h
oath, deposes and says that is the Chief Clerk of
THE RENTON RECORD - CHRONICLE, a newspaper published four (4)
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 news-
paper 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 Renton
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 �' C e Q ? ubl C
Heertne
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
19 `r..1 7
day of ,19 and ending the
A 8
26 day of - 'pr:1.1 ,19 7, ,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
7
charged for the foregoing publication is the sum of $ '' 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.
ss.
being first duly sworn on
.YY1 c L
Chief Clerk
Subscribed and sworn to before me this 26 day of
April , 197
Notary Pub i n and for the State of Washin on,
residing at Kent, King nty.
— 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.
4 May 1978
(date)
CITY OF TUK4'WILA •
NOTICE OF PUBLIC HEARING
8 :00 P.M.
(time)
Notice is hereby given that the Tukwila BOARD OF ADJUSTMENT
will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th
Avenue South, to consider request for- VARIANCE from Section 18 .56.040
(Parking Regulations) to authorize location of driveway. within
20 feet of a corner property line on a parcel of property located
at 14025 Interurban Avenue South in Tukwila.
All interested persons are encouraged to appear and be heard.
. Gary Crutchfield, Secretary
Tukwila Board of Adjustment
For further information, contact Gary Crutchfield, Assistant Planner, at 242- 217.7.
Published in the geB.on Recor - Chronicll 1a•& 26 • Apr.i1 1978
Mrs. Anglina Freese
5708 South 142nd
Tukwila, WA 98168
Mr. Dwight Gardner
14112 - 57th Ave. So.
Tukwila, WA 98168
AFFIDAVIT
.I, Gary Crutchfield , being duly sworn, hereby declare that all legal
notice requirements of Title' 18 have been ful-
filled and a notice has been mailed to each of the following addresses.
Subscribed and sworn to before me this icr day of
197g .
Notary Public in and for the Sta e
of Washington, residing at
Mr. Mike Lingley
15510 - 2nd South
Seattle, WA 98148
Southcenter Distribution Company
Tukwila, WA 98188
17 April 1978
Sincerely,
Gary Crutchfield
Assistant Planner
GC /ch
Attachment
RE: HAZELNUT VARIANCE
Please find attached a copy of Public Notice intended to inform you
of the pending action of the Tukwila Board of Adjustment.
You, as a nearby property owner, may attend the meeting and /or pre-
sent written comments to either the Board of Adjustment or this
office for entry into the official record.
Should you desire additional information, please call me.
Permit for Si•n
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