Loading...
HomeMy WebLinkAboutPermit 78-33-V - SOUTHCENTER ASSOCIATION - VARIANCE78-33-v 62nd avenue south southcenter boulevard 60-61 southcenter association CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT BOARD OF ADJUSTMENT Minutes of the meeting, _2 November 1978. The regular November meeting was called to order by Chairman Duffie at 8:08 p.m. Board members present were Mrs. Altmayer, Mrs. Rinehart and Mr. Goe. Roger Blaylock represented the Planning Division. Chairman Duffie called for approval of the minutes dated 21 September 197S. MOTION BY MR. GOE, SECONDED BY MRS. RINEHART TO APPROVE THE MINUTES OF 21 SEPTEM- BER 1978. PASSED UNANIMOUSLY. OLD BUSINESS: Under Old Business the staff informed the Board of the appeal action to Superior Court by Garfield Trucking and of the Planning Commission action to grant a Con- ditional Use Permit to Garfield Trucking for operation of a truck terminal. kst 61 SOUTHCENTER ASSOCIATION / #78 -33 -V VARIANCE: The background information was presented by the staff. Chairman Duffie opened the public hearing. Mr. Bruce Morgan and Mr. Don Halbrook were present to explain the development plans and variance request. General discussion centered around the development as proposed with various alternatives. The public hearing was closed by Chairman Duffie. MOVED BY MR. GOE, SECONDED BY MRS. ALTMAYER TO RECESS FOR 10 MINUTES. (9:55 p.m.) The Board reconvened at 10:05 p.m. and continued with the Board discussion. Concern was expressed that the application was premature and too many variables had not been solved. MOVED BY MRS. ALTMAYER, SECONDED BY MR. GOE, THAT THE MOTION (VARIANCE REQUEST) BE DENIED BASED ON THE STAFF RECOMMENDATION. PASSED. Mr. Goe stated that he is unaware of any legal vehicle, that could grant a variance with this many contingencies eventhough he felt the development was appropriate. 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242-2177 CITY OF TUKWILA PLANNING DIVISION BOARD OF ADJUSTMENT STAFF REPORT 2 November 1978 8 :00 P.M. AGENDA ITEM IV A : PUBLIC HEARING: VARIANCE (60 -61 SOUTHCENTER ASSOCIATION) REQUEST: VARIANCE from Special Screening Requirements (18.56.055 (2) TMC) APPLICANT: 60 -61 Southcenter Association LOCATION: The northwest corner of the intersection of Southcenter Boulevard and 62nd Avenue South. ZONE: C -1 (Neighborhood Retail) COMPREHENSIVE PLAN: Office The applicant has applied for a variance from the Special Screening Requirements which read as follows: "In addition to the screening and landscaping required in other parts of the zoning title, special setbacks, planting and screening shall be required in C -1, C -2, M -1, M -2 and C -M use districts when developing adjacent to or across a public way from existing C -M, C -P, RMH, R -4, R -3, R -2, and R -1 use districts of land uses as follows: (2) A setback of fifteen feet, landscaped, shall be provided on the street or public way frontages; this setback to be measured from the minimum building setback line, where no front yard is otherwise required." The applicant's development intent, as shown on Exhibit A, is to reduce the required landscaping along the northern edge of the property to three (3) feet. The landscaping would consist of a rockery of approximately three (3) feet in height which would step down to the parking lot. On the east side of the lot the developer is requesting a reduction to ten (10) feet to provide two (2) additional parking spaces on site. FINDINGS: 1. Development of the site as presented in Exhibit A is dependent upon the State of Washington giving the property between the developer's property and Southcenter Boulevard to the City of Tukwila, then the City leasing the property to the developer. 2. The Morgan Office Building, located immediately to the west, was granted a variance for access location (MF #77 -43 -V) on October 6, 1977 with three (3) requirements (SEE, Exhibit B, Attached). Board of Adjustment Page 2 Staff Report 2 November 1978 3. The proposed site plan does not comply with either the developer's agreement or variance in that (1) the five (5) foot buffer along the northern property line has been partially utilized for parking and (2) the new proposed entrance is only six (6) feet from a property corner, which is not allowed under TMC 18.56.040. Since the applicant has not requested variation from either of these requirements, administrative review of the eventual building permit will rectify this matter. The Board should not consider these site plan details as part of the variance. request. 4. Fifty -nine (59) parking spaces are required by TMC 18.56.160. Sixty -four (64) spaces are provided on property totally owned by the applicant. Of these, seven (7) are totally or partially on the other building site, while sixteen (16) spaces intrude into the required fifteen (15) foot landscaping setback. 5. The height of the rockery has been estimated at three (3) feet; however, final elevation and improvement plans have not been developed by the road consultant reviewing the L.I.D. plans for 62nd Avenue South. 6. Fire access around the building is impossible in the view point of the Fire Department without the actual acquisition of the State property. Therefore, in specific building plans review, the Fire Department will probably require' sprinkling. 7. The Public Works Department feels that a site clearance problem for motorists would be experienced if the proposed building were to be constructed up to the 15' setback line in the northeast corner of the property (across from entrance to City Hall). However, the Public Works Department feels that the same site clearance problem would not be experienced if the building edge were set on the 15' setback line but shifted approximately 25' - 30' to the west or, if the building were reduced in size. 8. Cottage Creek, a 48 -unit condominium development presently under construction, is located across 62nd Avenue South to the north. Tukwila City Hall is located to the east across 62nd Avenue South. The Morgan office building, presently near completion, is located to the west of the subject site. CONCLUSIONS: The following is based upon an analysis of the variance criteria outlined in TMC 18.72.010: 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: The intent of TMC 18.56.055 (2) is to provide a landscape buffer between commercial and residential areas, and to upgrade landscaping require- ments in the C -1 zone when located in the vicinity of planned commercial and industrial park areas. The combination of a rockery and 3 -foot landscape strip do not adequately achieve this objective and, therefore, would constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the same zone. Board of Adjustment Page 3 Staff Report 2 November 1978 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: As mentioned, there may be a site clearance problem on 62nd Avenue South if the proposed building were to be located in the northeast corner of the site and set back a distance of 15' from both north and east property lines. However, there are alternative locations and positions on the site for the proposed building which would not require a variance. In addition, the size of the site allows for some flexibility in building design which would alleviate any site clearance problems. 3. That the special conditions and circumstances do not result from the actions of the applicant; Conclusion: The number of parking stalls on the site is related to the size of the proposed office building. The size of the building is a result of the wishes of the applicant. The potential site clearance problem at the property corner can be created or alleviated by action of the applicant in the location of the building. 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: Inasmuch as the granting of the variance would reduce the buffer effect of the required landscaping, it would be materially detrimental to the public welfare. 5. The authorization of such variance will not adversely affect the implementa- tion of the comprehensive land use plan; Conclusion: The Comprehensive Plan encourages the use of landscaping materials to buffer incompatible or dissimilar land uses. For a specific policy state- ment, SEE Commerce /Industry Element, Objective 4, Policy 2. Therefore, the authorization of this variance would diminish the buffer effect of the land- scaping and adversely affect the implementation of the Comprehensive Land Use Plan. 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. As discussed earlier, other properties with the same zoning and in the same or similar locational circumstances must provide the additional landscape buffering. The applicant has not demonstrated that a substantial property right would be cost if the variance application were denied. RECOMMENDATION: Based on the above Findings and Conclusions staff recommends the Board of Adjust- ment deny the variance request. z 0 1-1 ma'am Offejr ADO. 3 3300C3 CODE DATA e003 [0010r• VAS C•03 (OA: EOM. ZONIMT: C-1 OCCUIWIer ante: ewrICE I-1 Trot Cr (1... TYPO IF FIRE ZONE I OultIVNG Ago Attobvi"O: +2,323, 14SM SZErlant 1754 •WS 14100 17,755.5 4,041. MA. 4154 10033<21.0•0 Tryrtrorr Or PktrAir 4 • • tsar) .10 45 ore.c.D 0701% CerlrriA: roar 1.4.. Jr ctn. A•ccoe cc. 11,71Se STAIRS CONE. $ONfl WAA• .ron 2011E ALLOW.303ANSOIL• Amor,/ • •••••• a. ANT smozr Mrr• •,•/77 1 .1 4 - ' ••••.„,' ••••.. • f PROPOSED S rc PLAN Gt. PAWjING LAYOUJT SITE SECTION A -A if•■•••• 0 EJ 0 air • Mg SM Z 4 - Z a o No. A 1 - 6 10 October 1977 Dear Mr. Morgan: CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT Mr. D. Bruce Morgan 8732 - 138th Avenue S.E. Renton, Washington 98055 RE: VARIANCE (M /F #77 -43 -V) The Tukwila Board of Adjustment, at its regular meeting of 6 October 1977, conducted a public hearing in consideration of your application for variance from Section 18.56.040 of the Tukwila Municipal Code (TMC) to facilitate design of access to a parcel of property generally located adjacent the west line of 62nd Avenue South approximately 250 feet north of Southcenter Boulevard in Tukwila. The Board, upon due consideration of the Planning Division Staff Report and all testimony received during the hearing, granted a variance from Section 18.56.040 (TMC) with the following stipulations: 1. A planting strip, five (5) feet in width, shall be provided parallel and adjacent to the north property line and shall be planted so as to provide a dense visual screen. Such planting strip shall be subject to approval of the Planning Division to ensure safe vehicular and pedestrian movement. 2. The property owner enter into a Developer's Agreement with the City of Tukwila which shall provide that the owner, his heirs, successors and assigns, agree that in the event they acquire fee simple or other interest in the balance of Tract 12 access to all portions of Tract 12 will be revised so as to fully conform to Section 18.56.040 (TMC). 3. This variance shall be in effect only as long as the principal use remains an office building. 6230 S::uth•anter 'F.ou1e:a:d ■ Tukwila, Wal, hing *_on 98163 u (2C62 242 -2177 L:Ai111311 ti VARIANCE 6•. 1 SOUTHCENTER ASSOCIATION Mr. D. Bruce Morgu,i Inasmuch as condition #2 above requires an agreement be drawn and executed, this variance shall not be in effect until such has occurred. In order to fulfill that stipulation, a meeting between you, our attorney and myself will be fixed at the earliest conve- nience to all parties concerned. This correspondence shall constitute the variance as granted by the Board together with the executed agreement and should accom- pany application for Building Permit. Should you have any ques- tions, please contact me at your convenience. Sincerely, Gary Crutchfield Ass stant Planner GC /ch cc: Mayor Bauch City Atty Dir, OCD Bldg Off Page 2 10 October 1977 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING Janice Pomer oath, deposes and says that ...he is the .... e h.i '... e a e . r r.k 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 TMo1;.2 Bee:rd...o €..Adjustment as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 a•... day of Nov q day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication . is the sum of $ $• w has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this V.P.C. Form No. 87 Notary P ss. consecutive issues, commencing on the ,19 7 , and ending the being first duly sworn on 02_ q, chief clerk day of occe and for the State of Wa hington, residing at Kent, Ki County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. M ( (i, Ce. ae-0 c, . UCur ∎C iaCe KAny and ;digit', rest �_sonsrlSi`1 lkikiishoOn • �.Y1 %V�'G.},. Sx ":fir V.P.C. Form No. 87 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Ann E. Walby being first duly sworn on oath, deposes and says that eh4sthe Chief Clqrk 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 . Iii. Otia•111•• VI. • •nubi•ie•• Searing as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the day of ,19 , and ending the 19dayof ()et ,19 78 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $..7.i.5f 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. Subscribed and sworn to before me this •Oet 19 ...7.8 .C1 i.et..Clerk 19 day of . Notary Public Yndnd for the State of Washingto residing at Kent, King Cou — 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. 7 k, ' ., ft., t•.s t ids <t r FOR OFFICE USE ONLY 78-33-V APPLICATION FOR VARIANCE Appl. No. Receipt No. Filing Date 0c Ig'7 City Council Action Hearing Date 2 1. o v c M errz _Jana. Ordinance No. & Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY: Name 60 -6/ 5o N 7E - A2 ASSOC. Address 400 .st1o7//CEA/TEE BLVD, Tv,era t4/A.sH Telephone No. $7Jso97y (241,c1112)7) ) Property Petitioned for variance is located on 62 "' 4 Sody'I cew7'e,. 8lvo/. (�ele,s7 e0 . between and +- Total square footage in property 34., o00 LEGAL DESCRIPTION OF PROPERTY , LOTS )2:41,5 To cETHEe w,714 AR7AcE Nr VRLATEc' i2 ', TNTE4CcheeAN 4DD/T/O"! 7.J SEA7TL VARIgacE £eeziam D : fz ED U.C6 wJ . qF E . SIDE ygi2D SET84c$S As s ./oc✓AJ oN S /re 151e/6 RE Ar 7`o 3 A/0.2.714 ¶L /O ON E Existing Zoning • _. • What are the uses you propose to develop on this property? oFF /cE BtAg. Number of permanent off - street parking spaces that will be provided on property? 4.5 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 £pplication Procedure sheet Item No. 2 for specific minimum requirements.) 1. What provisions will be made to screen adjacent and surrounding property from &.;:y imcompatible effects which may st arise as a result of the proposed land use classification Z ew re.✓ - Lam TI s' aa! •oeo•n* 6Z ,v im° , O //O- . lOrgrr, Planning Commission Action Number required 57 2. What provisions will be made to provide for necessary street, widening td minimum standards? 3. What provisions will be made for adequate sewer and water service? Form B 4. Any other comments which the petitioner feels are appropriate: Line ea.tr•Np arvvss Prapo' fy res�r 7�iws �o ea f, e� /�.,, /cl i�ra on Si 5. What hardship exists making this variance necessary? _ r - ? y A..r T N E ' p,2oPa Qv/LO/n/d %a ' NAVE 7D RE wtovED o N - E. COE"le' - of PRO PEr r ZO ALCOc✓ fob pQOr°E7e Aro. oA. / $)411J I, De rt F4 A. Ls R.00 4 4 being duly sworn, declare that I am the contract purchaser or owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my 1iowledge and belief. Subscribed and sworn before me this ,/'42e day of Notary>pu.Tic' in and for t State of Washington, residii "at `_ 'j , - AFFIDAVIT 0077 iezzzA00-06 (Signature of Contract Purchaser or owner) (Nailing Address) SEA77`L. E (..).0 • City State 76z -6421 (Telephone) Form C THAT PORTION OF TRACT 12, INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55. IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF SECONDARY STATE HIGHWAY NO. 1 -L, EXCEPT THE EAST 100 FEET THEREOF; ALSO THE NORTH 25 FEET OF THE EAST 100 FEET OF SAID TRACT 12; EXCEPT THAT PORTION THEREOF DEEDED TO THE STATE OF WASHINGTON FOR HIGHWAY UNDER AUDITOR'S FILE NO. 5473600. A- 197596 PAGE. r .fit,. - -�'.� r a.� {tie `�,���i �. 47/STING BLOG. CODE DATA Z CODE :. UNIFOEM'SLDa CODE /976 ED /T /o : ZONING.: C -/ . OCCUPANCY GROUP: OFF' /CE B -z TYPE OF CONSTRUCT /ON. TYPE IT INK. F /2E 'ZONE •E - 81.M.DING A REA ALLOWED: /45'00 BASIC SECTION 5 56 /mg. . /O, Soo - 2/,000. A L'TUAt. SLAG, AEEA /9OOYJ(2 /,OOO T!•eEFO2E P4R,e /M ,RA ; /,[E'R.- 31.X 19Lb2 ? S'9 T4PL'Ol9DED, DES /GN;C.e /7E /4 :. £POF ' L.L• ... ?J'PJ'E . 4L... • SO PSF.. ST,A /Rd CO,l2,' . /00PSP . W /ND • " - e PSF EARTHQUAKE ZONE 3 ALLOW.'Jo& PRESSURE . '4a2, .PSF. 'W 1E BASED. ON So/IS REPoeT. OATEO /2/6/77 PROPOSED 'S/77E PL`A `.' 8..' PA "2K /NG :. LAYOUT / ".zo_o" 154.24 PROPOSED OFF /CE- BLDG. ` 3 •FLOO.2S DARK /NG. '74 .CABS GO SS S©. FT. 19,000 Paq`�0.SC0 ELGI. FIRST FL4, //6,0 ' • U LL LL 0 0 0 d u SHEET NO. 1' ,OF oc 6Z O. LE 9Z 9Z 6L 11111111IJl111 'Ii1II11'1111111III Ill 1 :3 4 5 6 7 _® EL ZZ IZ 0Z 61 91 1.1 91 9I VI 'El Z1 11 Wing11611101114ulii4ih14ulul664ailui1uidi00iiluiilu0 IF THIS MICROFILMED DOCUMENT IS LESS CLEAR THAN THIS NOTICE, IT IS DUE . TO . THE QUALITY OF THE ORIGINAL DOCUMENT