HomeMy WebLinkAboutPermit 78-28-UI - GARFIELD TRANSFER - INTERPRETATION USE78-28-ui
1040 andover park west
garfield transfer
4 October 1978
MEMORANDUM
TO: .Kjell Stoknes, Director, 0.C.D.
FROM:
SUBJECT: TRUCK TERMINAL IN THE CITY OF TUKWILA
cc: Chairman, Planning Commission
Mayor
Planning Supervisor
CITY of TUKWILA
OFFICE of COMMUNITY OEVELCPMENT
Roger Blaylock, Secretary, Board of Adjustment
6230 Southcenter Boulevard S Tukwila, Washington 98188 • (206) 242-2177
/ F 7 ("(
-2 8 -v2 •
The Board of Adjustment at their last meeting on Thursday, September 21, 1978,
directed me, as Secretary for the Board, to request that the planning staff
review "all companies in the City of Tukwila that-are performing a trucking
function, whether it be common carriage, contract carriage, or private carriage
for consideration of the necessity of application for a conditional use permit
by each company reviewed."
The Board of Adjustment has adopted the interpretation presented by Mr. Goe
based on the following common functions of a truck terminal:
1. A location to receive, pick -up and /or delivery of orders which are
placed by customers.
2. The location of the dispatcher (functioning with that or any other
title) which directs the activities of the truck driver.
3. The location used by the truck common carrier to receive shipments for
transloading, transhipping and /or consolidation or from which trans-
portation ensues after transloading, transhipping or de- consolidation.
4. The location where rolling stock of the common carrier is parked during
periods of non -use.
All four of the above functions must be present on the site to be determined to
be operating as a "truck terminal ".
RB /ch
PLANNING
PARKS
RECREATION
BUILDING
27 September 1978
Sincerely,
Rc} er J. Blalock
9 y l
Assistant Planner
cc. Mr. Carl Johnson
CITY cif TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
Mr. & Mrs. J.R. Frandsen
c/o Strains Transportation
1040 Andover Park West
Tukwila, Washington 98188
Dear Mr. and Mrs. Frandsen:
RE: BOARD OF ADJUSTMENT DETERMINATION /GARFIELD TRANSFER
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242-2177
F� Ie
The Tukwila Board of Adjustment, at their regular meeting of 21 September
1978 determined that the present operation of Garfield Transfer is a "truck
terminal ". If you wish to appeal their decision, the appeal must be done
under the provisions of the Tukwila Municipal Code Chapter 2.76.080:
"The action of the board of adjustment shall be final
and conclusive unless, within ten days from the date of
action, the original applicant or an adverse party makes
application to the superior court for a writ of certiorari,
a writ of prohibition or a writ of mandamus." (Ord. 871 S 2, 1974).
The Planning Commission has been informed of the Board of Adjustment's
determination. The question of issuing a Conditional Use Permit has been .
placed on the agenda for the Planning Commission on Thursday, September 28,
1978 at 8 p.m. in the Old Tukwila City Hall at 14475 59th Avenue South.
If I can be of any further assistance, please feel free to call me at our
new telephone number, 433 -1848.
22 September 1978
TO: Board of Adjustment
': •• FROM: Richard A. Goe
Strains Transportation, holding Common Carriage Permit number CC -10545 is-
sued by the Washington Utilities and Transportation Commission ( W.U.T.C.),
is authorized to perform as a common carrier within the Seattle commercial
zone (as defined by the Commission).
Garfield Transfer Company, holding Storage Warehouse License number 420 and
Common Carriage Permit number CC -1596 issued by the W.U.T.C., is authorized
to perform as a warehouseman and to perform common carriage within the state
of Washington.
An easily understood explanation of the ownership and functions of these two
corporations is found in Mr. Carl Jonson's 5 September 1978 letter to the
Board of Adjustment.
From information received from representatives of the Interstate Commerce
Commission (I.C.C.) and the W.U.T.C. it is apparent that the term "Trucking
Terminal" is not defined by regulation as these bodies do not exercise their
regulatory powers in dealing with the physical site used by common carriers.
However, there are at least four functions of a truck line that are commonly
held by people in transportation to be functions of a truck terminal.
1. A location to receive pick -up and /or delivery orders which are placed
by customers.
2. The location of the dispatcher (functioning with that or any other
title) which directs the activities of the truck driver.
3. The location used by the truck common carrier to receive shipments
for transloading, transhipping and /or consolidation or from which
transportation ensues after transloading, transhipping or de- consoli-
dation.
4. The location where rolling stock of the common carrier is parked
during periods of non -use.
Each common carrier, for various reasons, may or may not incorporate all
of these functions. It should also be considered that some of these func-
tions are common to companies which provide trucking services under con-
tract Carriage and by companies which have private carriage.
In the matter presently before this board we have been requested to deter-
mine if Garfield Transfer Company is operating a "Truck Terminal ". We are
advised that the land and facility owned by Garfield Associates is partially
leased to Strains Transportation which "Conducts a private warehouse busi-
ness for the Proctor and Gamble Co. (Company) ... " We are further advised
1 Janson 5 September 1978 Letter to Board of Adjustment
da„e6
Richard A. Goe
Page 2
that Garfield is a properly permitted common carrier whose business is
primarily, but not exclusively, the transportation of Proctor and Gamble
proudcts at the direction of Garfield's parent company, Strains Transporta-
tion.
Mr. Jonson's letter, on behalf of Garfield's owner, has properly disting-
guished that the matter of Truck Terminal definition and application is a
matter of land use consideration and zoning ordinances instead of a matter
to be considered under transportation regulation. However, the type of
business which uses land must be considered to the extent that we must
examine the use of the land by that business. Mr. Jonson brings to our
attention that the facility. (a warehouse) is used for receiving, temporary
storage and distribution of a single client's product line and that Gar-
field, being under management control of Strains, represents only an ex-
tension of Strains warehousing business.
In considering the use of land by a company we must consider in this case
that Garfield, although a wholly owned subsidiary of Strains, is in fact a
separate corporation which holds separate licenses and permits. The cor-
poration known as Strains has already been issued its Tukwila City Business
License. The other corporation known as Garfield has applied for but has
not been issued the Tukwila City Business License which is required for that
corporation to continue business in Tukwila. The reason for non - issuance of
that business license is because of the Planning Staff's determination of
land use that Garfield makes of this property. Therefore, our only con-
sideration should be with the corporation known as Garfield and how it uses
the property.
It should be understood that it is a common practice of truck lines to
leave trucks and /or trailers parked overnight at the loading dock of their
shipping clients which ship or receive in sufficient volume to require
truck -load or trailer -load trucking. This is usually done as a matter of
loading or unloading convenience for the client or trucker. It seems that
we are intended to understand that this is the only use Garfield makes of
this property. If Garfield did, in fact, operate its terminal at another
location we might be inclined to follow this thinking and dis -allow the
Truck Terminal use as concluded by the Planning Staff. However, since Gar-
field does not apparently have and use another location for terminal func-
tions it is apparent that this property is serving as the terminal location
and that personnel, either of Strains or Garfield, are performing functions
generally ascribed to a Truck Terminal.
It is my opinion, based on facts presented and opinions commonly held by
transportaion insiders, that the primary function of the property used by
Garfield is that of a Trucking Terminal.
PLANNING
PARKS &
RECREATION
BUILDING
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
BOARD OF ADJUSTMENT
Minutes of the meeting, 21 September 1978.
The regular September meeting was called to order by Chairman Duffie at.8:11 p.m.
Board members present were Mr. Goe, Mr. James and Mrs. Rinehart. Roger Blaylock
represented the Planning Division.
Chairman Duffie called for approval of the minutes dated 4 May 1978.
MOTION BY MR. GOE, SECONDED BY MR. JAMES TO APPROVE THE MINUTES OF 4 MAY 1978.
PASSED UNANIMOUSLY.
MOTION BY MR. GOE, SECONDED BY MR. JAMES TO EXCUSE MRS. ALTMAYER SINCE SHE IS ON
VACATION. PASSED UNANIMOUSLY.
MOTION BY MR. GOE, SECONDED BY MR. JAMES TO NOMINATE ROGER BLAYLOCK, ASSISTANT
PLANNER AS SECRETARY TO THE BOARD OF ADJUSTMENT. PASSED UNANIMOUSLY.
DOUBLETREE INN /MF #77 -37 /VARIANCE EXTENSION
The background information was presented by the staff. The Board discussed the
conditions of the original permit granted to the Doubletree Inn in 1977.
MOTION BY MR. GOE, SECONDED BY MR. JAMES THAT THE VARIANCE EXTENSION BE GRANTED
WITH THE SAME CONDITIONS THAT AS WERE ORIGINALLY ATTACHED TO THE VARIANCE WITH
THE FURTHER STIPULATION THAT THE VARIANCE TIME PERIOD UNTIL CONSTRUCTION FOR
PHASE TWO BE REDUCED BY ONE YEAR. (PHASE 2 MUST BE INITIATED WITHIN FOUR (4)
YEARS OF PRESENT DATE.) PASSED UNANIMOUSLY.
VAN WOERDEN / #78 -21 /SHORELINE VARIANCE
The Board was informed that the application had been withdrawn by the Morris
Phia Company.
RFIELD TRANSFER/ 8 -23/U INTERPRETATION
The staff presented the background information and the staff report. Mr. Goe
6230 Sout.hcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
Board of Adjustment Page 2
Minutes 21 September 1978
introduced a letter from Mr. Carl Janson, attorney for Garfield Transfer, to the
Board of Adjustment dated September 5, 1978.
Chairman Duffie called for a five minute recess for the Board members to review
the letter.
MOTION BY MR. GOE, SECONDED BY MR. JAMES FOR AN OPEN PUBLIC HEARING. PASSED.
Chairman Duffie opened the meeting to the public.
Mr. Carl aonson, Attorney, 300 Central Building, Seattle, representing Mr. and
Mrs. Frandsen, owners of Garfield Transfer. Mr. Jonson asked the following
questions which he could not find in the Tukwila code:
1. Where in the Zoning Code is the responsibility given the Planning
Department or anyone in particular to interpret the definition of
"truck terminal "?
Mr. Blaylock was unable to answer the question. Further investigation
revealed that authority is an understood executive power of "custom"
in administering the City of Tukwila Municipal Code.
2. Where in the Tukwila Code does it prescribe the procedure for that
method of handling an appeal of administrative determination?
Mr. Blaylock responded that under the powers and duties of the Board
of Adjustment, Chapter 2.76.070 they are responsible for "hearing
appeals from orders, recommendations, permits, decisions, or deter-
minations made by the city official in the administration or enforce-
ment of the Zoning Ordinance.
The discussion continued with Mr. Goe asking the applicants detailed questions
concerning their operation. The public portion of the meeting was closed by
Chairman Duffie and the Board began their deliberation. Mr. Goe read a prepared
statement based upon his understanding of the facts presented by the applicant's
attorney in correspondence, dated September 5, 1978, and the answers given to
the Board at the meeting.
Mr. Carl Jonson made a technical objection. "Siting as a member of the Board I
do not believe that it is appropriate for a member of the Board to come to a
conclusion prior to hearing the testamony as it has been indicated that you
(Mr. Goe) have. On that grounds we may go beyond this proceedings for your
participation."
MOTION BY MR. JAMES, SECONDED BY MR. GOE THAT ON THE BASIS OF THE TESTIMONY
GIVEN BY MR. GOE (THAT THE STATEMENT BE TERMED) THAT THE APPARENT USE BY
GARFIELD TRUCKING ON THE PROPERTY IN QUESTION IS A TRUCK TERMINAL. PASSED
UNANIMOUSLY. FOUR MEMBERS PRESENT AND VOTING.
MOTION BY MR. GOE, SECONDED BY MR. JAMES TO DIRECT THE SECRETARY TO PREPARE A
MEMORANDUM TO MR. STOKNES, DIRECTOR OF OCD, WITH COPIES TO CHAIRMAN OF PLANNING
COMMISSION TO REQUEST THAT THE PLANNING STAFF TAKE INTO CONSIDERATION BASED ON
THE PLANNING STAFF DEFINITION AND THIS BOARD'S DECISION OF THE TERM TRUCKING
Board of Adjustment
Minutes
- fifim - q 3 L*4 4 '
Roger Blaylock
Assistant Planner
Page 3
21 September 1978
TERMINAL ALL COMPANIES IN THE CITY OF TUKWILA THAT ARE PERFORMING A TRUCKING FUNC-
TION WHETHER IT BE COMMON CARRIAGE, CONTRACT CARRIAGE, OR PRIVATE CARRIAGE FOR
CONSIDERATION OF THE NECESSITY OF AN APPLICATION FOR CONSITIONAL USE PERMIT BY
EACH COMPANY REVIEWED.. PASSED UNANIMOUSLY.
Mr. Jonson was informed that he could appeal the decision of the Board of Adjust-
ment to the Superior Court within 10 days of the date of action.
MOTION BY MR. GOE, SECONDED BY MR. JAMES TO ADJOURN. PASSED UNANIMOUSLY.
Minutes prepared by:
CITY OF TUKWILA
PLANNING DIVISION
le,
BOARD OF ADJUSTMENT
STAFF REPORT
7 September 1978 8:00 P.M.
AGENDA ITEM V C : —t16 INTERPRETATION: Garfield Truck Lines
INTRODUCTION:
The Planning Commission at its July 27, 1978 meeting referred the question of
the operation of Garfield Truck Lines to the Board of Adjustment to determine
if the proposal is a truck terminal. Presently, Garfield Truck Lines is operating
out of a building owned b,' their parent company, Strains Transportation, at 1040
Andover Park West.
BACKGROUND INFORMATION:
The property was inspected and toured with the local manager /operator, and the
following information was learned or abserved:
1. Strains Transportation is the parent company of Garfield Truck Lines.
Their primary function is warehousing and delivery of goods to other
corporations.
2. A portion of Garfield Truck Lines business is not direct support to
Strains'Transportation in moving goods to and from the warehouse
facility in the same building at 1040 Andover Park, West.
3. Garfield Truck Lines pnesently owns 18 trucks and 21 trailers.
FINDINGS:
1. During an inspection of the property on June 29, 1978, the following
were observed parked on the property:
a. Eight (8) 40 -foot container trailers and two (2) 40 -foot open
flatbed trailers parked along Andover Park West.
b. One (1) 26 -foot container trailer and one (1) tandem trailer .
located on the north adjacent to Minkler Boulevard.
c. Four (4) trucks and five (5) 40 -foot enclosed trailers on the
south side of the building.
2. Some of the blacktop in the parking lot and curbs have been broken by
heavy vehicles.
.
Board of Adjustment Page 2
Staff Report 7 September 1978
}
3. The landscaping along Andover Park West is approximately a 3 -foot high
grass berm with a variety of deciduous and evergreen trees scattered
throughout.
4. The building that Garfield Truck Lines operates out of is a concrete
tilt up building, attractively painted and well kept.
5. Development of the land on the west side of Andover Park West appears
to be going into a combination of warehousing and office uses, with a
probability of a majority of it being office related.
ANALYSIS:
In the determination of what is a truck terminal and what is not, it is necessary
to consider that all warehousing depends upon trucks to distribute its goods.
Therefore, trucks or vehicles that are necessary to the distribution of the pro-
ducts in the warehouse should-be considered as an accessary use and an integral
function of the warehouse operation. However, when a'. service is provided beyond
the needs of that particular warehouse then it ceases to be accessory and is, for
all practical purposes, a principal use of the property.
The Garfield Truck Lines operation, taken alone, is a trucking operation. It
stores and maintains the aforesaid vehicles /trailers on the property and provides
transport services for other warehousing industries. As such, it constitutes a
truck terminal and requires a Conditional Use Permit from the Planning Commission.
RECOMMENDATION:
In this particular case of the Garfield Truck Lines, the operation provides ser-
vice beyond the needs of the parent firm's warehouse." Therefore, Garfield Truck
Lines is operating as a truck terminal and needs a Conditional Use Permit from
the Planning Commission. .
TO: FILE
FRAM:
SUBJECT:
23 September 1977
Gary Crutchfiel
M RANDUM
CITY Y of TUK NAT CL
OFFICE: o COMMLINITY CEV'LC:Pi✓._NT
istant Planner
Interpretation of Use: Truck Terminal
In response to a written determination request from Selland Auto Transport
dated 16 September 1977, Fred Satte'strom and myself reviewed Title 18 and
the letter and arrived at the following determination:
FINDINGS:
1. The word "terminal" is defined as (A) "either end of a transpor-
tation line, esp. a railroad, including yards, servicing facilities,
etc. "'and (B) "a station at any important point or junction of a
transportation line." (Webster's New World Dictionary, 1970, pages
1467 and 1468.)
2. The proposed use principally involves the daily dispatchment and
collection of truck - trailer combinations and nightly storage of same.
GC /ch
hK bOarlo
cc: 'Dir, OCD
Ping Supv
CONCLUSION:
The principal function being overnight storage and daily dispatchment and
collection of trucks constitutes a truck terminal as used in Title 18 (TMC).
This is true regardless of the absence of actual loading /unloading of
freight from those trucks.
Planning Commission
Minutes
6. THAT FUTURE BUILDING ADDITIONS BE SUBMITTED FOR BOARD OF ARCHITECTURAL
REVIEW APPROVAL.
MOTION CARR : AS AMENDED.
Page 4
27 July 1978
s IDITIONAL USE PERMIT: GARFIELD TRUCK LINES
Mr. Bowen excused himself from participation on this item due to conflict of interest.
Mr. Stoknes read the staff report, a letter from Mr. Charles Baker, Architectural
Control Committee and Mrs. J. Frandsen, President of Strains Transportation Com-
pany. (Both letters are attached as a part of these minutes,)
Chairman Kirsop opened the public hearing at 10:05 P.M.
Mr. Carl Johnson, representing Garfield Truck Lines, explained the warehouse proposal.
Mrs. Frandsen, 4640 Summerset N.W., Bellevue, described the proposal further. She
mentioned they will repair the asphalt in the parking lot as needed as well as the
curbs. She mentioned they distribute mostly Proctor and Gamble products who have
strict requirements which they comply with.
Chairman Kirsop closed the public hearing at 10:20 P.M.
A discussion regarding the parking lot followed. Mrs. Frandsen mentioned they
intend to park the trucks at the south end of building.
Mr. Richards asked if the number of parking spaces met code requirements after
the trucks were parked. Mr. Stoknes answered NO.
Mr. Richards suggested referring this item to the Board of Adjustment to deter-
mine if the proposal is a truck terminal and determine the issue on parking.
Mr. Satterstrom mentioned that the burden of getting a variance should be on the
applicant, not the City. The Planning Commission may refer the item to the Board
of Adjustment and if the Board determines that it is not a truck terminal, then
the applicant should apply for a variance from the parking requirement.
,MOTION BY MRS. AVERY, SECONDED BY t.1R. SOWINSKI AND CARRIED THAT THE ISSUE OF
WHETHER OR NOT GARFIELD TRUCK LINES, IN.THIS OPERATION, IS ACTING AS A TRUCK
TERMINAL BE REFERRED TO THE BOARD OF ADJUSTMENT.
Mr. Johnson agreed to bring this item before the Board of Adjustment during their
September meeting.
Chairman Kirsop recessed the meeting at 10:55 P.M.
Chairman Kirsop called the meeting back to order at 11:00 P.M.
�OH�1J OF AA;aTtiFtoT
FILE 4?8- 8- vs)
Chairrn.7n
Charles 0. [hiker
2) Secretary
Robert C. Wing
RC tJ j !1
� :� I e ll PAL Y 4 w .N 'a ,r 't.
July 25, 1978.
Andover Industrial Park
Tukwila, Washington
Mr. Kjell Stoknes, Director
Office of Community Development
6230 Southcenter Boulevard
Tukwila, Washington 98188
Dear Kjell:
CI(Y Lr Tom;•' ,
ii " l•.
JUL 2 7 1973
Members:
(3) W. E. Boeing, Jr.
(4) R. T. Davidson
(5) R. G. Keever
(6) W. B. McCurdy
(7) Chairman, Tukwila
Planning Commission
During the June 13, 1978 Architectural Control Committee meeting,
Mr. Richard Davidson, A.C.C. member, advised the A.C.C. that a
number of trailer units were being parked and left on the Cabot,
Cabot and Forbes development located at the corner of Andover
Park West and Minkler. Boulevard. Mr. Davidson stated that the
people involved are, in fact, running a truck terminal. Mr.
Richard Kirsop, A.C.C. member and also Chairman of the Tukwila
Planning Commission, stated that he was aware of this and said
it was a conditional use, but has not been approved, and the
parties involved are without a business license for this purpose.
Charles Baker, Chairman of the Architectural Control Committee,
stated that he believed the A.C.C. should let the City handle
the problem.
When this matter was brought out for discussion again during the
Ju].y 11, 1978 Architectural Control Committee meeting, Mr.
William E. Boeing, Jr., A.C.C. member, made a motion directing
me, as Chairman of the Architectural Control Committee, to
write a letter to the City of Tukwila Planning Department
stating the A.C.C.'s objection,to the issuance of a conditional
use permit or variance for the truck terminal on the premises
located at the southeast corner of Minkler Boulevard and
Andover Park West. Mr. Robert Keever, A.C.C. member, seconded
the motion. The motion passed unanimously.
I have requested our secretary to send copies of the minutes
of the June 13, 1978 and July 11, 1978 A.C.C. meetings to your
attention for your information. As you will note, the minutes
of the June 13, 1978 and July 11, 1978 Architectural Contro].
Committee meetings states the concern of the A.C.C. members
regarding the Garfield Transfer Company, Inc.'s practice of
parking numerous vans and trailers in the automobile parking
areas along Andover Park West and Minkler. Boulevard which, in
fact, appears to constitute a freight terminal operation on
the premises. A.C.C. members pointed out that if this is a
Mr. :jell Stokner
July 25, 1978
Page Two
( :114 G (t , di. l e i• L
Charles 0. Baker
COB/ jas
freight truck terminal operation, it is apparently being
operated in violation of the Tukwila Zoning Code which requires
a public hearing to be held before the Planning Commission
after an application to establish a freight terminal operation
has been filed with the Tukwila Planning Department.
These references and others regarding the Garfield Transfer
Company, Inc.'s operation at the Andover Park West /Minkler
Boulevard location are briefly enumerated in the minutes of
the June 13, 1978 and July 11, 1978 A.C.C. meetings.
The motion previously mentioned stating the A.C.C.'s objections
to the issuance of a conditional use permit or variance for
the operation of a truck terminal at the southeast corner of
Minkler Boulevard and Andover Park West is included in the
last paragraph, page three, of the July 11, 1978 minutes of
the Architectural Control Committee meeting. In the event
further information is needed, perhaps this matter can be
referred to a future Architectural Control Committee meeting.
Sincerely,
•
trams vimportation Company
1040 Andover Park West Local Cm7age Tukwila, Washington 98188
34.7.IP.BC: 3/3IIIDuLiCTNX }'lkIWIDIE'7: — y..kVV.11::ttNEU IK.90314i¢
YetxtoX6 }}.' IM }901.nn r.
Mr. Kjell Stoknes, Director
Office of Cununun:i. ty Development
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Dear Mr. Stoknes:
Thank you.
July 25, 197
If you disagree or have further question, please give me a call before
the meeting. • •
In reviewing the staff report recouunendation regarding granting of
a Conditional Use Permit to Garfield Truck Lines, for action at the
July 27, .1 Planning Conmis:ai.on meeting, we are quite willing to
work with City Staff to minimize the visual effect of truck and
trailer parking between the building and street, possibly using
increased landscraping, trees, or hedge plantings. However, it should
be noted that eight out of eleven industrial buildings between
Strander and 180th street along Andover ALSO park trucks between
the building and street and we feel that the standards applied should
be no more stringent for Garfield than for other buildings.
Further, in relation to parking lot maintenance, this letter will
sErve as our assurance to the City of Tukwila that we will maintain
our parking lot and repair any broken asphalt and curbs as needed.
3F/cg
cc: 'Tukwila Planning Coemission
members.
Very truly yours,.
S'1 aIN' S 'P:U►NSPOR'1'ATION COMPANY
(Nay.) J. Frandsen
President
!ate ----
AGENDA ITEM '
CITY OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
STAFF REPORT
27 July 1973 8:00 P.M.
CONDITIONAL USE PERMIT: Garfield Truck Lines
Garfield Truck Lines is presently operating out of a building owned by
them at 1040 Andover Park West. When it was brought to the attention of
the City that they were operating in that location, the City notified them
that a truck terminal requires approval by the Planning Commission, after
public notice and heariirg, prior to being to being allowed to operate in
a C -1 zone. Reference Section 18.40.010 (41) of the Tukwila Municipal Code.
BACKGROUND INFORMATION
On an inspection of the property and a tour with the local manager /operator,
the following information was learned or observed:
1. Strains Transpnrtation is the parent company of Garfield Truck Lines.
Their primary function is warehousing and delivery of goods to other
corporations.
2. Approximately 9 of Garfield Truck Lines business is direct support
to Strains Transportation in moving goods to and from the warehouse
facility in the same building at 1040 Andover Park West.
3. Garfield Truck Lines presently owns 18 trucks and 21 trailers.
F1N'i1 GS
1. During an inspection of the property on June 29, 1978, the followin_;
were observed parked on the property:
a. Eight (8) 40 -foot container trailers and two (2) 40 -foot open
flatbed trailers parked along Andover Park West.
b. One (1) 26 -foot container trailer and one (1) tandem trailer
located.on the north adjacent to P•linkler Boulevard.
c. Four (4) trucks and five (5) 40 -foot enclosed trailers on the
south side of the building.
2 Some of the blacktop in the parking lot and curbs have been broken by
heavy vehicles.
3. The landscaping along Andover Park West is approximately a 3- foot high
gr•-Ass hear wi th a variety of deciduous and evergreen trees scattered
throughout.
Planning Commission ("
staff Report
Page 2
27 July 1978 .
4. The building that Garfield Truck Lines operates out of is a concrete
tilt up building, attractively painted and well kept.
5. Development of the land on the west side of Andover Park West appears
to be going into a combination of warehousing and office uses, with a
probability of a majority of it being office related.
COi4SIDERATIOiJS FOR APPROVAL. OF TRUCK TERMINALS IN A M -1 ZONE BY THE PLANNING
COiiMISSION PURSUANT TO TMC 18.40.010 (41)
The following criteria are placed in the Tukwila Muncipal Code for the Planning
Commission review and consider in the decision process for allowing or not
allowing truck terminals in an M -1 zone, or C -M zone:
1. Traffic requirements of the 'streets on which such terminals would have
access.
COMMENTS: The streets are adequate to. handle truck traffic.
2. The location and width of entrances and exits to such truck terminals:
COMMENTS: The curb cuts are typical of the size curb cuts in the industrial
area which are supported by trucking traffic. Curbs have been broken up by
the truck traffic: on this site.
3. The provision of sufficient space, and open, enclosed and covered docks
to allow the trucks when loading, unloading, maneuvering and parking
to be entirely on private property.
COMMENTS: There is sufficient space for maneuvering trucks to the
loading ducks. The parking lots, however, were designed for passenger
cars and not for trucks, consequently truck trailers are parked at an
angle and occupy 5 or 6 parking stalls for each trailer unit. The
blacktop in the parking lot is breaking up due to the heavy weight
•
of the trailers. All parking of trailers is on private property, with
the majority of it being parked adjacent to and along Andover Park West.
There appears to be adequate parking available on the site.
4. That the use will not effect adversely the present character or future
development of the surrounding community.
COMMENTS: Visually, the trailer units parked along Andover Park West
are very visable from Andover Park West and surrounding properties to the •
west. The development across the street to the west in the vicinity
includes vitual moving and storage, Hitachi, and office buildings.
Directly across the street to the west is vacant land, the development
of which could be influenced by the appearance of this property.
RECOMMENDATION
While quite a bit of the industrial area in the vicinity is supported by truck
traffic, none of them are as significant or approach the scope of this operation.
Planning Commission
- 7/Staff Report
In other instances where truck traffic is present, it is parked in the rear or
sides of the buildings.
It is the recommendation of Staff that this Conditional Use Permit not be
granted unless the applicant can minimize the visual effect of the truck and
trailer parking along the site. Additionally, some insurances will need to
be given by Garfield Truck Linec that they will maintain their parking lot
in an approved condition and repair any broken asphalt and curbs as needed.
It should he the burden of the applicant to propose to the Planning Commission
how the above can be accomplished. It is further recommended that if the appli-
cant cannot demonstrate this satisfactorily to the Commission by. the regular
meeting on August 24, 1978, that this application be denied.
Page 3
27 July 1978
•
City Clerk,
DATE ISSUED
BUSMESS LICENSE NO.
LICENSE COMMITTEE APPROVAL:
DO NOT WRITE IN THIS SPACE
Check No. 9 I/ $ o? 5--
Date / /Sr/7" Clerk "71.:46?
Building Planning
CITY OF TUKWILA
14475 - 59th Avenue South
Tukwila, Washington 98168
Office of the Clerk
242 -7150 Date 12/27/77
ANNUAL BUSINESS LICENSE APPLICATION
License due January 1 or upon opening date of business; LICENSE FEE: $25.00
Please PRINT or TYPE information and FILL IN ALL BLANKS.
I hereby make application for: New business license X
Business license renewal
NAME OF BUSINESS Garfield Truck Lines PHONE 575 3020
LOCAL BUSINESS ADDRESS 1040 Andover Park West
COMPANY HEADQUARTERS 1938 Occidental Ave S. Seattle
TYPE OF BUSINESS - IN DETAIL - Retail Wholesale
Type of product or service Trucking
DO YOU USE OR STORE FLAMMABLE OR HAZARDOUS MATERIALS? N IF SO, PLEASE STATE MATERIALS:
SIZE OF PROPERTY 5 acres (Sq. ft. or acres)
SIZE OF ALL FLOOR SPACE YOU USE 5000 (Sq. ft.)
NO. OF EMPLOYEES 23 NO. OF PARKING STALLS 74
LOCAL MANAGER J. R. Frandsen, 13940 S.E. 141st, Renton 228 2771
Name Residence Address Phone
Check whether INDIVIDUAL PARTNERSHIP CORPORATION X
If INDIVIDUAL, list owner; If PARTNERSHIP, list partners; If CORPORATION, list officers:
In all cases, give title, residence address and phone number of each.
krs . J. Frandsen, t'resi ent, 4614 �o erset qv S .E. , Bel7 evue 74 4614
Name T itle Residence Address Phone
Nor. K.R.Frandsen, Secretary, do do d o do
Have you ever had a Tukwila. Business License? No Last Year's License No.
ORIGINAL OPENING DATE OF BUSINESS IN TUKWILA Jan..�,3, .:1978
WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES? N IF SO, PLEASE SPECIFY TYPE:
Pull Tabs Card Room Other
I hereby certify that the statements furnished by me on this application are true and
correct to the best of my knowledge and belief.
, Mayor
, Police Chief
, OCD Director
Signed .
Titl
1'30f1RO 0 F /1.970.S771/ or (r ri. . 8 - 2 8 - oi)
Washington State Tax Registration
C
Office of the Clerk
242 -7150 Date 12/
ANNUAL BUSINESS LICENSE APPLICATION
License due January 1 or upon opening date of business; LICENSE FEE: $25.00
Please PRINT or TYPE information and FILL IN ALL BLANKS.
I hereby make application for: New business license
Business license renewal x
Strain's Transportation moo. p HONE(,2 �2
NAME OF BUSINESS rl /h /a Autn Frpi t Warohnuap 4 3
LOCAL BUSINESS ADDRESS 104 Andover Park West
COMPANY HEADQUARTERS 1938 Occidental Ave South, Seattle
TYPE OF BUSINESS - IN DETAIL - Retail Wholesale
Type of product or service Warehousing
DO YOU USE OR STORE FLAMMABLE OR HAZARDOUS MATERIALS? No IF SO, PLEASE STATE MATERIALS:
SIZE OF PROPERTY 5 acres
SIZE OF ALL FLOOR SPACE YOU USE
NO. OF EMPLOYEES P
LOCAL MANAGER J. k. Frandsen,
Name
Check whether INDIVIDUAL
DO NOT WRITE IN THIS SPACE
Check No. /1 gPS
Date //s
Building
LICENSE COMMITTEE APPROVAL:
$ —
Clerk / 143
Planning
Mayor
, Police Chief
, OCD Director
City Clerk,
DATE ISSUED 1`11
BUSINESS LICENSE NO. 1 %'
CITY OF TUKWILA
14475 - 59th Avenue South
Tukwila, Washington 98168
(Sq. ft. or acres)
115,000 (Sq. ft.)
NO. OF PARKING STALLS
13940 S.E. 141st, Renton
Residence Address
PARTNERSHIP
Signed
Title
.tf
1 vRRD or na�vs7ME NT (F 7L '/i9 V.z
CORPORATION
Prpgi riArit
74
If INDIVIDUAL, list owner; If PARTNERSHIP, list partners; If CORPORATION, list officers:
In all cases, give title, residence address and phone number of each.
tars. J. Frandsen, President, 4614 , ommerset Ave S.E. Bellevue 7k6 4614
Name Title Residence Address Phone
i.ir. K. R. Frandsen, Secretary do do do do
Have you ever had a Tukwila Business License? yPS Last Year's License No. - 1 1 5-71
ORIGINAL OPENING DATE OF BUSINESS IN TUKWILA June 1, 1977
WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES? No IF SO, PLEASE SPECIFY TYPE:
Pull Tabs Card Room Other
I hereby certify that the statements furnished by me on this application are true and
correct to the best of my knowledge and belief.
228 2771
Phone
X
Washington State Tax Registration No.
C-
• F feSctcd ft:
( /
3 i 1 THE SUPERIOR COURT OF THE ST.ATF, OF WASHINGTON . 1 . :( . )- - ', FINO COUN
-' _123:
4 (.:A.R.F1a17..) TRAls.'SPE.R 00., INC., ) NO. c_C--;,,'.s.:?
awl o A 311 ID T nu c R LIN ES,
5 ,
, ) ORDER TO SHOW CAUSE
Petitioner, ) PETITION FOR l'ci.3.1T OF CERTMR.A.R1.
i )
7 , VS. )
8 1 )
CITY 017 TUKWILA. BOARD OF )
ADJUSTMENT, )
Respondent. )
11 )
12 TO: CITY OF TUIC-V0-1- BOARD OF ADJUSTMENT, Respondnt
13 TO: (31_,F,RiK OF '1*1 Cri OF TUN WIL,A
14. 0200 Southeenter Blvd.
Tukila, Washington
15
16 The Petitioner, Garfield Transfer Co., inc.. dbu Garfield Truck Lines, havini. this clay
17 filed in this court its Petition for a Writ of Certiorari ser review of the decision and
18 , orders of the City of Tukwila Board of Adjustment rendered in its proceedings held
19 '
Senl.cmbcr 21,1078, and said Petition having been cons;der( now. the.;'9.fore,
20 . IT IS HEREBY ORDERED that the Respondent CITY OF Ti...!K ;VILA 1 .:5C/ARD Ot:
2i Al2 show cause before the Presiding Judi;c or this court, Room E (.-.42. Nim.7,*
0.7 County Courthouse, Third and jam(2.s Streets, Seattle. Washirq.:;ton cll. 0:00 o'clock. a.m. on
,.,.,
23 the 2 th day of November, 1978. or as soon thereafter as counsel can be heard, why the
9 ,.„ pEAltien should not be f,rante and
1F1IRTHE that-c- such hearinc< on .. the Petitio_Li should
, - . .....
--- ---- ----.,.. --
26 . ,
1 cr" OF rl' UKWR .:A. 1 P fl
i7 l)
A,1 TM T NT is res',. a;:d 0 ': d e:•(. ri
...-. --..
...--- -........, --- .-- -.....,..,
...- ,..-
- .--
27 t.°- from further -`.:; in sflic.1 Inatte..;r--t3i orde,r---7,5 this cot.;,.j:..nd
2,8 IT IS FURTHER ORIDERED that a true and correct conformed Q. CADV Ot: 1: CP1'4.?I'.
'..:9 v c.ertification, may he served upon the Clerk of the Gitv of Tukw1.1n, T:: '
3(1 Wi. in rtccorcance % the hews of the Sta',.e of Washington.
31 ONE IN 01'' CO UICI this 2 - , -,._. day of C-
1 .1:yi1 . 1, ;(,! ki - ' of A. ,Ionson, :3.,
fOr Petitionee
13
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'111 ESCJPE C 0 U.RT OF THE STATE OF \C ASIUNGTO COUN
.f•
C ART. ANSF ER (O., INC., )
dha (L Alt FIELD - 11,113CK LIN ES, 1
) PETi.TION FOR WRIT OF CERTIORARI
13 Petitioner, )
)
vs. )
)
V.117 OF FUN WIL A. BOARD OP )
)
Respondent. )
)
COMES NOW the above-named Petitioner, hy its attorney Carl A. tionson of C1 A:
•onson, T.).F.3.. and respectfully petitions the above-entitled court, pursuant to R.C.1\ 7.16
for a Writ of Certiorari directed to the City of Tukwila Board of Adjustment requiring it
to certify to this court for rOViCkV at a specified time and place a full and complete
transcript of the record and proceedings and all other documents and papers, including the
findings and Order made and entered by said Board, ofthe oroceedillgs hold on
3
4 ;I
5
29
o
:31
33
3 4
STtember 21, 1978 concerning Petitioner's use of certain property located In Artdovel
Park, City of Tukwila, and that thereupon, the court review and invalidate the same..
This application is based upon the affidavit of Josephine Frandsen, PreFident of the
Petitioner corporation herein, hereto attached and made a part of this application.
W1lE1.■.EFORE, petitioner prays that:
1. A Writ of Certiorari issue from this court directed to the Chairr»an of the Ci
of Tukwila Board of Adjustment to certify fully to the above-entitled court on e. date and
at a time certfAin a transcript of the entire record and Droeeedinc;:s of and by sair; Board
relative to the September 21, 1.978 hearing en appeal before the Board concerning:
Planninc4 Department classification of the Petitioner's use of the property as n "trueL;
terminal" under applicable zoning ordinances; end
2. The Board and the members thereof he required to desist from furthe
procceding,s L sr:id matt(2r until further order of this court; and
3. The Board and the members thereof be ordered to 8.9pear and show cause on a
date and t a time certain before this court the decision or order of the said Board
should rv)1: be set adJe nrid declared null and void.
Dated this day of , iP7.
•
Carl A. Jenson, of Carl .A. JOnSon. P. S.
At torneys for •ppliCant
CARL. A. JC,..!4'. P. 9. i
P ET1TIONFORWRIT OF C1i: it T10 RAM
8
10
11
12
13
it
1
4-/ THE SUPER:IC.)11 C. OF THE STATE OF WASHINGTON FOR NING COUNTY
NO.
(.7: II 1,)) )
E11. CO., INC..
di GARFIELD T.RUCK LINES, )
I?otitioner, ) AFFIDAVIT IN SUPPORT 01
) FOR WRIT OF CERTIORARI
vs. )
)
CI IY OF TUKWILA )
!130A11.1) OF Al).:112STMENT, )
•■ )
:1 Respondents. 1
)
OF WASillNG'FON )
) ss.
0t.1 N TY OF E1N0 )
14
15
1:3 he
That she is t President of Petitioner Garfield Transfer CO.. inc., dbP Garfield
17 Tr Lick Lines. a Washing corporation with principal offices in Seattle, Hing County,
'! Washing and as such is authorized to make this affidavit in support of the Petitioner's
1 i; Petition for Writ of Certiorari.
20 That Petitioner, being the 1.)artv beneficially interested hel.ein, is a Washington
-...orporation gc.,od stztniiing, with !.;rincipal offices in King County and is the owner of
2.2 3 rcal propr.m.ty located in Andover Park, City of Tukwila, King County, Washington.
23 1; consisting of n. 120,000 square foot: warehouse buiiding, commonly known as 1020-4040
2. :!,.!.„ p W ,inc) ofrstreet, parking, including truck loading areas.
25
'Fhat the party above-named fl.-3 Respondents is the City of Tukwila Board of
2.0 !Adjustment, herein referred to as "Board".
That on or a5out September 21, 1.070, a hearing , ;. , as hed ! the Board upon an
123 pp::.al from the City of 'ruks.vila Planning Department of a zoning determination
20 l iclassifving Petitioner's business operations at, and use of, the he-einnhove
;pr, as a "truck terminal". Timt on the date of said hearirLg, the Board, Ft; ng or
31 , ;purporting to 8C1 by virtue of authority vested in it by ordinance of the City of Tukwila.
the Planning Department zoning determination classifying he use of the
::1::ereTha: proper.ty $ a "truck te■Ininal". A copy of t!1 e. deci:iion or oP:.ler of
1 is not avt since n record of the preeeedinr...;s was taken en tp and a
85 docision has not been made. .
!H\FFIDAVIT, etc. 1
..103F,PIII.NE1. being first
auiv SWOri) 011 oath, deposes and says:
CARL A. C:;.; P. 5.
it " ••• 00 C.; .
EAT1
1 That the sai'l proceedings of the Board were not usual. and ordinfin,T proceedings.
2 That said proceedings of the l'}oard exe.oeded the. jurisdiction of the Board. 'Phat
3 r.roceedings erroneous 1...nd void. That said procceding.s were not according' to
4 ;• the course of common law and were irregular. arbit"nry and ez.:pricinus.
That the Pelitioner was ag:. and directly .ffected Res;
G I; determination describing the Petitioner's operations at, f.uld use rt!., the. herein.ctbove
7 described property, as a "trucic. terminal"; and that snid determination was affected with
!I various errors of law' and by various findings of fact which are not supported substantial
9 evidence in vie: of the entire record as submitted as hereinafter mere particularly set
forth, and the rights of the Petitioner have thereby been prejudiced.
11 ;, That a Writ of Certiorari should issue upon the .5.pplication of the Petitioner !rein
upon the grounds that and for the reason that the findings of the respondent 130B: c
13 ": arbitrary and capricious and contrary to Inv,' for the reasons that:
1. The proceedings of the Board, as reflected in the record thereof and the
!! de.cision or order of said Board were erroneous and not in the course of common law and
13 apt has no napeal no is there any plain, needy and adequate remedy at I&W
17 1 available to Petitioner'.
There is no evidence to support the said procceding,s, CieeL31011 Or order of said
19 noard in that no proof was presented to said Doard that Petiltioner's operations at, •,1 use
of, the hereilw;•,ove described property is as a "truck ter
21 3. l'hc action by said Board in saicl proceeding arbitrary , capricious, irregular
22 not in ae'2erdance with 101 in that certain members of the Board had preoi.lred an
" opinion in advance of the lic.!arinc?; held on September 21, 1978 v1 lC1 pinion ves presented
21 1 ad ait!Opted as the opinion el the Board at the conclusion of the hearing without n full.
25 ;i fair and impartial hea.ring thereon.
The decisicm and ord..:a' of the Roard is unreasonable. :.r.tnd unlav:ful in that the
I cone1u0 ions and findings are. not . h\' the clear weight of the evidence of the
2:3 reeca'd and said decision or orde:' is unlay,Itil in that it discriminates against Nttitionl by
29 :!
(0n0 y; Petitioner treatment equal to that other property owners in the snme
,
31) cir who use their property in a shnilar manner and in that it dynies Petitioner
ial pret.:tetion of the law throtr11 the unlaful in of the applicable zoning
ornances 1.fld t1O application of this interpretation to the Petitioner in such a that
33 1 the . 1 - ..;oard ha[ eNeeeded ils lawful povers.
:34
A)AVTT etc. - 2
c,t-,F:t. A. .! f..• 5 C. • P. S •
4
25
2;
n r•
.7 3
9Q
:30
31 +
32.
:33
34
3 ;) AV11', etc. - 3
'Mat the Petitioner has no !Appeal from said proceedings, decision or order no"
_11 .: e iiny plain, speedy and adeouatb remedy at law.
3 o ephine i i ;.± Ci:.;en
3
l.. �
t)
Subscribed Hnd sworn to before me this .2/-....12 10 r' . day of (.� :� + 3•
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+0+- :A'v 1 11!. - roil i•it'2 no for hQ„ t a tL Oi 5`. shinFton.
1'csidin; at .:,./;0 i` / '1 !.:C: C .L r..!. ✓ mil
■
ti
CARL A.JONSON
MICHAEL A.JONSON
HERBERT O. FARBER
KEITH H. HAMACK
Board of Adjustment
City of Tukwila
Tukwila, Washington 98188
LAW OFFICES OF
CARL A. JONSON, P. S.
300 CENTRAL BLDG.
SEATTLE, WASHINGTON 98104
(2081 624 -2521
September 5, 1978
- 30A/en ol= bo?USi MINT (r ru: X78- ea
Attention: Chairman Duffie
Re: Garfield Transfer, Inc. 1040 Andover Park West
Gentlemen:
BELLEVUE OFFICE:
(SY APPOINTMENT)
224 BELLEVUE BUSINESS
CENTER BUILDING
BELLEVUE, WASH. 98004
(206) 455 -5030
We submit for your consideration at the hearing to he held on Thursday,
September 7, 1978, , on the referenced matter, the following:
Background:
The property in question was acquired in November 1977 by Garfield Associates, a
Washington limited parnership, of which Kenneth Frandsen and Josephine Frandsen,
husband and wife, are general partners and their son and daughters are limited
partners. The property is in a M -1 light industry zoning classification, Chapter
18.40 Zoning Code. The property consists of a 120,000 square foot warehouse
building and off - street parking including truck loading areas. Twenty -six thousand
square feet of the building are leased to a third party, and the remaining 100,000
feet are leased to Strains Transportation Co. (Strains), a Washington corporation,
the capital stock of which is owned by Mr. and Mrs. Frandsen. Strains conducts a
private warehouse business for the Proctor and Gamble Co. (Company), the
products of which include food and various household items. Strains provides a
warehouse and distribution center for such products. The products are received by
rail and unloaded and stored in the warehouse, and distributed as directed by the
company. Warehouse storage is short term, varying from 10 to 60 days, with
average of 30 days. The business was formerly conducted in Seattle.
Strains has conducted this business for over thirty years. Until some time in 1951 or
1952, Strains distributed the products with its own trucks under authority of a State
of Washington local cartage permit, to locations within Seattle. Distribution to
locations outside of Seattle was made by common carriers.
In 1951 Strains acquired all of the capital stock of Garfield Transfer, Inc. (Garfield).
a Washington corporation. Garfield held and continues to hold a statewide radial
rights common carrier permit which permits t-ansporting freight from Seattle, and
also recently from the Tukwila warehouse, to points within the State of
Washington. Garfield has and does deliver the Proctor and Gamble products from
the Strains warehouse to such points. Products are also distributed to points in
Oregon and Montana which are transported by common car ^iers holding interstate
•
Board of Adjustment
Page Two
September 5, 1978
authority issued by the Interstate Commerce Commission. Less than 5% of freight
transported by Garfield is that of companies other than Proctor and Gamble.
Garfield owns its own vehicles, consisting of two solo trucks, 16 tractors and 20
trailers, of which an average of 16 trailers and 12 tractors will be stored overnight
at the warehouse property.
The distribution of the company products is handled the same as though Strains held
the general freight permit and owned all vehicles. From a traffic standpoint the
distribution method reduces the number of vehicles picking up and delivering
freight. If Strains did not control the vehicles, the products would be picked up at
the warehouse and delivered by many different common carriers to the various
locations in the state, as well as outside of the state.
The Problem:
Following moving into the building in early December, 1977, Strains Transportation
Co. and Garfield Transfer made applications for Tukwila City Business License. A
license was issued to Strains but not to Garfield. The Planning Department made a
determination by memorandum of March 20, 1978 that Garfield was operating a
truck terminal and advised Garfield by letter of March 20, 1978 a requirement to
obtain a Conditional Use Permit. By letter of April 7, 1978 Strains advised the
Planning Department of the nature of the warehouse and distribution business
conducted by it and its wholly owned subsidiary. Garfield, pointing out that it was
no different than the business of numerous other companies in the area, such as The
J. C. Penny, The Bon Marche, Blake Moffitt and Towne warehouse and distribution
centers, enclosed a list of numerous other similar type businesses.
An application for Conditional Use Permit was filed, and an environmental
checklist prepared and submitted. The matter came on for hearing on July 27,
1978.
Mr. and Mrs. Frandsen, their son and daughter -in -law, and attorney, Carl Jonson,
appeared. Mrs. Frandsen and Attorney Jonson presented the facts as to the nature
of the use of the property, as well as of uses of surrounding property. It has
pointed out particularly that nearby United Parcel runs a freight terminal making
daily pick -ups in the area and deliveries to outlying areas, using numerous trucks
and storing them on the property overnight.
The determination of the Planning Department that the use of the property was for
a truck terminal was discussed, and it was determined that the matter be referred
to the Board of Adjustment for review.
Discussion:
The Planning Department definition of "truck terminal" does not correctly describe
the use of the property in question. The property is used as a warehouse and
distribution center. The trucking activities in distributing the products are a part
of, and incidental to the warehouse business. Garfield is a wholly owned subsidiary
of Strains, and its operations are directed by Strains. The fact that it is a separate
corporation does not change the use of the property.
1
Board of Adjustment
Page Three
September 5, 1978
The Tukwila Zoning Code does not define the term "truck terminal ". It is
fundamental that zoning ordinances are in derogation of the common law and must
be strictly construed. Ambiguities in the meaning of zoning terms must be resolved
in favor of the free use of property. Rachkopf, The Law of Zoning and Planning
(4th ed.), Ch. 9, p. 9.1. This is the law in the State of Washington and is stated in
the case of State ex rel. Standard Min. v. Auburn, 82 Wn.2d 321, 510 P.2d 647 (1973)
at Page 326, as follows:
"It is the general rule, recognized and acopted by this court, that zoning
ordinances should be liberally construed to accomplish their plain purpose and
intent. At the same time the court bears in mind that they are in derogation
of the common -law right to use property so as to realize its highest utility
and should not be extended by implication to cases not clearly within the
scope of the purpose and intent manifest in their language. Hauser v. Arness,
44 Wn.2d 358, 267 P.2d 691 (1954)."
The question of what constitutes the use of property as a truck terminal has not
been considered by very many courts. There are few decided cases in point. In
Salah v. Board of Appeals of Canton (Massachusetts Appellate Court), 314 NE (2d)
881 (1974), it was held that a proposed facility for warehousing and distribution of
products with provision for loading dock facilities, and provision for storing trucks
when not in use was a distribution center under the zoning code, and not a
prohibited "truck terminal ". The Canton Board of Appeals refused a permit for the
proposed facility finding it to be a truck terminal. The court reversed the decision.
The court stated (p. 844):
"The words 'distribution' and 'distribution plant'.... connote the function of
and facility for receiving and storing merchandise and shipping it in smaller
quantities to retail outlets, . the facility is no less a 'distribution plant'
because the function is not performed by the owner of the goods, .. and it
may be done by a common carrier."
The court went on to find that the Board's decision that a distribution plant cannot
be operated by a common carrier was also wrong. In other words, the operation of
a distribution plant by a common carrier did not make the distribution plant a
"truck terminal ". — —
Strains and Garfield are entitled to equal treatment by the City given to other
similar uses of property in the same zoning classification in the same area.
Attached is the list of other similar businesses conducted in the area. Some of the
businesses own their own trucks, and also use common carriers. Some use only
common carriers. The business of United Parcel is that of a common carrier. It
makes pick -ups of freight, rehandles the freight in its terminal and makes
deliveries from its terminal. Lincoln Moving and Storage warehouses household
goods and also picks up, crates and packages, and delivers household goods under
common carrier operating authority. Neither of the aforementioned businesses own
the property that is stored and subsequently loaded onto and delivered by truck.
Board of Adjustment
Page Four
The Planning Commission has not previously interpreted the various businesses
mentioned as being the operation of a truck terminal. The applicant is entitled to
the benefit of the same interpretations. It is fundamental that the concept of
equal protection of the laws in the Fourteenth Amendment to the United States
Constitution and the privileges and immunities clause (Article I, Section 12, of the
Washington Constitution) apply to zoning by local governments. Even though a
zoning ordinance on its face does not violate the foregoing principles,
discrimination by public officials in the application . of the ordinance is
unconstitutional as violative of equal protection of the law. We submit that the
interpretation of the Planning Department that the subject property is a "truck
terminal" simply bacause a subsidiary of Strains Transportation Co. performs
trucking service is not proper.
r .-
cc: Mrs. Josephine Frandsen
Carl A . onson
tru yours,
CAJ/ma
Encl. Tukwila Planning Commission Staff Report dated 7/27/78 ; list of
similar businesses
11 April 1978
Mrs. J. Frandsen, President
Strain's Transportation Company
P.O. Box 88849
Tukwila, Washington 98188
RE: Garfield Truck Lines
Dear Mrs. Frandsen:
Gary Crutchfield
Assistant Planner
GC /ch
c
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
cc: Dir.-OCD
y Clerk
City Atty
SENT CERTIFIED MAIL *23I 0
Attachment: Letter dated 20 March 1978
This office is in receipt of your letter dated 7 April 1978 explaining your
position regarding my previous letter dated 20 March 1978 with respect to
the term "truck terminal ".
6230 Southconter Boulevard • Tukwila, Washington 98188 s (206) 242 -2177
As explained in my previous letter, our application of the term "truck ter-
minal" is directed toward Garfield Truck Lines not Strain's Transportation
Company. Your list of Tukwila area businesses which, in your opinion, are
germane to this matter, was considered several months ago in our initial
interpretation. Consequently, the options available to Garfield Truck Lines,
in and of itself, remain as outlined in my letter of 20 March 1978. However,
inasmuch as this correspondence is a clarification of our position on the
matter, one of the options must be implemented within fifteen (15) calendar
days from date of receipt of this letter. Should you have any further ques-
tions,,� please contact me.
Si ncp471y,
Dear Mr. Crutchfield:
Strain: 5ran8ortation C
Local Gina&
I' . ! nt glIt 'l r li '-- S EATTLE, WASHINGTON 9
TELEPHONC IN 4• 3B2
April 7, 1978
:;r. Gary Crutchfield, Assistant Planner
City of Tukwila, Office of Community Development
b230 Southcenter Boulevard
Tukwila, Washington 98188
Responding to your letter dated March 20, 1978, we were shocked and
surprised at the sudden administrative interpretation by the Tukwila
Planning Division of the Office of Community Development, that our
business is that of a truck terminal, especially without first inquiring
with us.
A brief inspection of our area identified the enclosed list of seventy
seven companies who own their own trucks and, according to your definition,
could be interpreted as "principally involve the daily dispatchment and
collection of trucks and nightly storage of same."
Over ninety five percent of our business involves warehousing and dist-
ribution of commodities for our customers, with very mnor pick -up and
delivery type trucking activities. In fact, nearly ten percent of the
companies listed(7) do well over half of their business by non - warehousing
pick -up and delivery with short term storage.
As a related matter, Garfield Truck Lines is a wholly owned subsidiary
of Strain's Transportation (as most other companies in the area, have
wholly owned subsidiaries, such as J.C. Penney, The Bon Marche, Blake,
Moffit and Towne, Shasta, etc.) and it is our impression that a business
license is only needed for the principal (parent) company at each address.
Strain's Transportation Company is licensed by the City, and it would
appear that no license is required by subsidiaries..
Considering; the above, and considering uniform enforcement and the legal
impact of precedence judgement applicable to the other seventy six
companies, it would appear that the administrative interpretation is in
error. Reading between the lines, it may be that the March 20th letter
was due to a desire to have us park our trucks somewhere other that in
front of our building. Here too, most other companies park their trucks
and trailers between the street and building. However, because we are
interested in mainitaining a high quality atmosphere, we are looking for
another close - by spot to park tucks and trailers, and if tins fails, we
are considering some additional landscape treatment, such as a hedge,
along Andover Park West.
i
Page -2-
ar`,' Cr•ut. :1 :'i r G i %ant. Planner
y answers the question wised, mainly,
Liry te=rminal? The answer i no.
.0 ... ,, n:- or .h to challenge the authenticity or
above, please phone me. We too, rre
t.eu i; -.; ntainiag ` ;,%wi1a as a good and pleasant riace tc. i; :.
upon reflection, you will find our
n i r�: fined , i hest quality standards.
;]ktr Office or Community Development
r ...� ;r •..!r:. kjefl. Stokness
City C 1
• . t4l'•` .. 1 � i Car.
Very trul .yours
(Mrs:) J. Frandsen
:y ; ;�....
.:onsider a ..,i'_ity such as Time -D.C., west of. I -5,
i t... _ tyne or %ri tion originally intended by Tukwila
rn:.t iris:•.. �. ;.
,PARTIAL LIST OF COI 'h - S OVUM AND ISIS TI:IBUTI dC,. eJLTH THEIR TRUCKS
Lincoln Moving & Storage
1)oco!a
Grantree
Quaker State
L IS T
.IC Penney
Westinghouse
AFCO
Hercules
Service Paper Co
Strains Transportation/Garfield
United P arcel Service
Snap on Tools
Abbott Labortories
WEaT OF ANDOVEA PARK EAST
General Electric
:Arch
&chucks Agta Supply
Luwk :Metals
Novo Metals
Western Foods
`Iordstrcr:i
Shasta Beverages
S,. r.' Ainc Pt,RY r
Sealey Mattress
Kawneer /1►raax
Oscar Mayer
Blake, Pioffit & Towne
Decorama
V TC I►irfrei ;ht
KZ Ski
Olympia iBeverage
ORTE &SC.IITH OF ST tM DI R
Z u :van
George Flush
Barry Distribution /Enumclaw Transfer
Valvoline Oil
1 SCT I Street
Fredrick & Nelsons
WEST VALLEY IIIWAY
Ca l‘Ore Machinery
NC Machinery
Truck Lines
INDUSTRY DRIVE
Kataras
Borg Warner
Lasyber
Ltido Batteries
NC Machinery
DJis Sound City
Audiovox
Superstuffer Sandwich
Toledo Scale
Mosier Safe
Phnsel Electric
Rapco Farmers
C potwwa ils
Pencil =lox
MEWLED BLVD
Tukwila maintenance Shops
White Westinghouse
rr'1lii`V1:,:? :'':iK EST / EAST CF 10.0th
Bostic'
Pay Id Nave
General McPts
Gulf Atlantic /:: cattle ?ransfer
Reynolds Aluminum
Contiental Can
United Farm
SOUT1 CEM 'i It fifty
American Home Furnishing
Lee's Flees
RBI Furniture
t.:Od ularSystems
Leisure World
Wood World
Jafco
Levitz
Syrdnl's
JC Penney
Son Marche
CASC P.E 1+`Ja $r'•i)TH
Union Oil
Senc°
Unistrut
Champion Office Products
20 March 1978
Garfield Truck Lines
1040 Andover Park West
Tukwila, Washington 98188
ATTN: Mr. Jan Frandsen
RE: Business License
Dear Mr. Frandsen:
This correspondence is intended to affirm the position of the Planning Division
of the Office of Community Development regarding the function of Garfield Truck
Lines at 1040 Andover Park West without a Tukwila Business License.
Inasmuch as this office deems the function of Garfield Truck Lines in and of
itself constitutes a truck terminal (as that term was defined by this office in
September 1977) and the Tukwila Zoning Code (Title 18, Tukwila Municipal Code)
requires Planning Commission approval of truck terminals in the industrial park,
we are unable to authorize issuance of the Business License until the zoning
requirements are fulfilled. A copy of the interpretation, as it applies to
Garfield Truck Lines, is attached for your information.
Options available to you include:
A. Obtain a Conditional Use Permit;
B. Appeal the administrative interpretation; or
C. Lease and desist the operation of Garfield Truck Lines.
One of the three alternatives indicated above must be implemented within thirty
(30) calendar days from date of receipt of this letter. Should you have any
questions or desire to discuss any aspect of this matter, please contact me at
your convenience.
Sint�ely,
mi
Gar Crutc /field
Assistant Planner
GC /ch
Enclosure: as
cc: Dir, OCD; ie t C lerk
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
SENT CERTIFIED MAIL
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
20 March 1978
MEMORANDUM
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
TO: FILE
FROM: Gary Crutchfiels istant Planner
SUBJECT: Interpretation of Use: Garfield Truck Lines
Application for Business License by Garfield Truck Lines to operate at 1040
Andover Park West has prompted the following interpretation of the use as it
relates to Title 18, TMC.
FINDINGS:
1:• The term "truck terminal" has been defined by the Planning Division to .
include a use which "principally involves the daily dispatchment and
collection of trucks and nightly storage of same. "
2. On -site investigations by the Planning Division reveal the Garfield Truck Lines
trucks being dispatched from and collected at 1040 Andover Park West. Trucks
and trailers are also stored and maintained at the site.
CONCLUSION:
The principal function of Garfield Truck Lines is, unquestionably, that of a
truck terminal as that term is defined by administrative interpretation. (SEE,
Finding #1 above.)
GC /ch
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242-2177
6 March 1978
MEMORANDUM
GC /ch
c
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
TO: Kjell Stoknes, Dire tor, OCD
FROM: Gary Crutchfiel`; istant Planner
SUBJECT: GARFIELD TRUCK LINES
Garfield Truck Lines, a trucking company, applied for a Tukwila Business License
in January 1978 to operate at 1040 Andover Park West. I informed the City Clerk
that the use characteristics of Garfield Truck Lines constituted a "truck terminal"
which requires a Conditional Use Permit. Garfield Truck Lines was so informed and
the Business License was not issued.
I have made several visits to the site at 1040 Andover Park West over the past two
weeks. From all outward appearances, it is apparent that Garfield Truck Lines is
operating at 1040 Andover Park West. Such operation is occuring in spite of the
absence of Conditional Use approval and Business License issuance.
I suggest the matter be pursued by the City Clerk's Office for lack of Business
License.
-1
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a dc 4 due, aibt4;g4;a4e 7 • 1 t
tiv aAa a-tui - PaNNN tfvt.e. 1 1.e* n't-- ur •
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
frit 5/61ze
Edgar D. Bauch, Mayor
CITY of TUKWILA
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
Mr. J. R. Frandsen
Garfield Truck Lines
1938 Occidental Ave. South
Seattle, WA 98134
Dear Mr. Frandsen:
I'1A /mb
cc: Mayor Bauch
Gary Crutchfield
January 23, 1978
Sincerely yours,
Maxine Anderson
City Clerk
I am in receipt of a memorandum from Gary Crutchfield, Associate
Planner, in response to your application for a 1978 business license
in the City of Tukwila. Mr. Crutchfield informed me that your proposed
business at 1040 Andover Park West is a "truck terminal" as defined
in the Tukwila Zoning Code. A truck terminal requires a Conditional
Use Permit approved by the Planning Commission.
We cannot issue a business license until these requiremerts are met.
Please contact Mr. Crutchfield (242 -2177) to initiate the required .
review process.
MEMORANDUM
CITY of TUKWILA
OFFICE of COMMUNITY Q_V`LOPMENT
17 January 1978
T0: Maxine Anderson,,�C ty Clerk
FROM: Gary Crutchfielr•7�, scant Planner
SUBJECT:
Business License Application: GARFIELD TRUCK LINES
This office has visited the site (1040 Andover Park West) and has con -
cluded the use to be a "truck terminal" as used within the context of
the Tukwila Zoning Code.
Inasmuch as a "truck terminal" is a conditional use in the CM zone (as
established in Section 18.40.010 (41) TMC), a Conditional Use Permit
must be obtained from the Planning Commission before this office can
approve the Business License application.
Please direct the applican me to initiate the required review
processes.
GC /ch
cc: Dir, OCD