HomeMy WebLinkAboutPermit 77-05-V - BOWERS MACHINE - VARIANCE77-05-V
BOWER'S MACHINE VARIANCE
PLANNING
PARKS d
RECREATION
BUILDING
8 February 1977
Dear Mr. Moser:
Gary Crutchfield
Assistant Planner
GC /cw
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
Mr. John Moser
13032 Interurban Avenue South
Tukwila, Washington 98168
The Tukwila Board of Adjustment, at its regular meeting of 3 February
1977, conducted a public hearing to consider your variance request to
allow erection of an additional sign at the Bowers Machine facility
located at 13032 Interurban Avenue South.
The Board, upon due consideration of the facts presented during the
public hearing, unanimously voted to deny the variance request based
on the primary conclusion that granting such a variance would constitute
a special privelege.
Please be advised the erection of unauthorized signs is a violation of
Title 19 of the Tukwila Municipal Code and such actions are subject
to the penalty provisions of said Title.
Sincerely,
6230 Southcentor Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
PLAUNIIIG
BUILDING
PARKS s
RECREATION
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
BOARD OF ADJUSTMENT
Minutes of the Meeting, 3 February 1977.
The regular February meeting of the Tukwila Board of Adjustment was called
to order at 8:00 P.M. by Chairperson Altmayer. Members present were: Mr.
Hartong, Mrs. Crain and Mr. Duffie. Gary Crutchfield represented the Plan-
ning Division.
Motion by Mr. Duffie, seconded by Mrs. Crain and carried to approve the
minutes of 7 October 1976 as prepared.
ELECTIONS
Mrs. Altmayer was elected Chairman by acclamation.
Mr. Duffie was elected Vice - Chairman by acclamation.
Gary Crutchfield was appointed Secretary.
Chairperson Altmayer noted the absence of Mr. Dow. Also questioned if the
City had received verification that International - Harvester actually owned
the access strip which had been interpreted as a yard fronting on Interur-
ban for purposes of the Sign Code.
Mr. Crutchfield stated it should be on file and that he would insure such.
1,4 HEARING: VARIANCE - Additional Sign (Bowers)
Chairperson Altmayer opened the Public Hearing at 8:10 P.M. and noted the
applicant was not present.
Mr. Crutchfield presented a copy of a letter dated 24 January 1977 informing
Mr. John Moser of Bowers Machine Company that his variance application was
scheduled for this evening.
6230 Southcenter Boulevard o Tukwila, Washington 98188 • (206) 242-2177
Board of Adjustment
Minutes
Page 2
3 February 1977
Mr. Crutchfield read the Staff Report describing the application, findings,
conclusions and recommendation.
Mr. Duffie noted his agreement with the Staffi-s conclusion that granting
such a variance would constitute a special privelege.
Motion by Mrs. Crain, seconded by Mr. Duffie and carried to deny the
variance request based on the findings and conclusions of the Staff Report.
There being no audience comments,. Chairperson Altmayer closed the Public
Hearing at 8:25 P.M.
Under other business, Chairperson Altmayer noted she had heard that a Bill
was being considered by the State legislature regarding appeals to the
Board of Adjustment. Requested the Staff inquire about the alleged Bill
and report back.
There being no further business, motion by Mrs. Crain, seconded by Mr..
Hartong and carried to adjourn the meeting.
Chairperson Altmayer adjourned the regular February meeting at 8:28 P.M.
TUKWILA BOARD OF ADJUSTMENT
Gary Crutchfield
Secretary
CITY OF TUKWILA
PLANNING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
3 February 1977 8:00 P.M.
AGENDA ITEM V A VARIANCE: Additional Sign - Bowers Machine
REQUEST: VARIANCE from Section 19.32.140 (A) to authorize additional
wall sign.
APPLICANT: Bowers Machine Shop, 13032 Interurban Avenue
LOCATION: 13032 Interurban Avenue
ZONE: M -1 (Light Industry)
FINDINGS:
1. • The Bowers Machine building was constructed in late 1975 on a parcel
of property which, due to poor subdivision of the land area, did not
front or abut on a street.
2. The applicant applied for a variance from Section 19.32.140 (A) in
January 1976 to allow erection of a wall sign on a building constructed
on a property which did not front on a street.
3. The Board of Adjustment, based on the findings and conclusions of the
Staff Report, granted a variance to allow a wall sign for the life of
the building. (SEE, Exhibit "A": Staff Report of 8 January 1976.)
4. The applicant has applied for another variance from Section 19.32.140
(A) to allow erection of a second wall sign. (SEE, Exhibit "B ":
Application for Variance.)
5. Section 19.32.140 (A) restricts wall signs to "One sign is permitted
for each street upon which the property fronts."
6. Staff interpretation that "street ", as used in the Sign Code, does not
include limited access freeways, was supported by the City Attorney in
August 1973 and Staff has sustained that interpretation to this date.
CONCLUSIONS:
The following individual conclusions are drawn as a result of application
of the individual variance criteria of Section 18.72.010 to the findings
enumerated above.
Board of Adjustment Page 2
Staff Report 3 February 1977
1. The variance shall not constitute a grant of special privilege inconsistent
with the limitations 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: Several if not all of the businesses located in the immediate
vicinity and same zone are visible from the freeway. However, each business
is authorized "one (wall) sign for each street upon which the property
fronts." (Emphasis added.) This property does not front on any street
and, since strict application of the restriction would not have allowed
this business a sign when all other businesses were authorized a sign
because they fronted upon a street, the Board granted a variance to allow
one sign in January 1976. To grant a variance for the additional wall
sign would be to say this business may have a wall sign where there is
no street. Such an action would be a grant of special privelege to this
particular business in consideration of the fact other businesses are not
authorized such a privelege.
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: Since no other properties are authorized to erect wall signs
in excess of those authorized in accordance with Section 19.32.140 (A)
and no special circumstances exist which would indicate any necessity
for such, one can only conclude the variance is not necessary to provide
this property with consistent use rights.
3. That the special conditions and circumstances do not result from the
actions of the applicant;
This criteria is not applicable since no special circumstances exist..
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: Granting of this variance would, as explained in Conclusion
#1, constitute a tacit approval of any wall sign so long as it conformed
to the size restrictions. This would effectively defeat, in part, the
purpose of the Sign Code. Such a defeat can only be interpreted as .
materially detrimental to the public welfare.
5. The authorization of such variance will not adversely affect the imple-
mentation of the comprehensive land use plan;
CONCLUSION: Implementation of the current Comprehensive Plan would not
be affected.
Board of Adjustment
Staff Report
. Page 3
3 February 1977
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: The property right apparently asserted by the applicant is
not possessed by other property owners and a variance, therefore, is
neither necessary nor warranted.
SUMMARY
The applicant was granted a variance in January 1976 to authorize his busi-
ness identification just as any other business in the vicinity. Now, the
applicant desires a sign visible to freeway traffic, a privelege not enjoyed
by other businesses in the vicinity because: 1) their property does not
"front" on that street and 2) a freeway does not constitute a "street" as
used in the Sign Code (reference Exhibit "C ".)
RECOMMENDATION:
Staff recommends the Board deny the variance request based on the findings
and conclusions contained in this Staff Report.
8 January 1976
CITY OF TUKWILA
PLANNING DEPARTMENT
BOARD.OF ADJUSTMENT
STAFF REPORT
AGENDA ITEM V B : PUBLIC HEARING - Variance - Signs (Bowers Machine Company).
REQUEST: Variance from Section 19.32.140 (A)
APPLICANT: Bowers Machine Company
ADDRESS:. 13032 Interurban Avenue
ZONE: M -1 (Light Industry)
FINDINGS
1. One freestanding sign is allowed for each principle activity.
2. Section 19.32.140 (A) states "One (wall) sign is permitted for
each street upon which the property fronts." .
3. Board of Adjustment action during their regular December 1975
meeting sustained the administrative interpretation of Section
19.32.140 (A) that "One sign is permitted for each face of the
building whose associated yard abuts a public right -of- way."
4. The Bowers Machine Company building is located on a parcel of
property which does not abut any public right -of -way. (SEE,
Exhibit "A ")
5. Bowers Machine Company has proposed to identify the building with
a wall sign as depicted in Exhibit "B ".
Bowers Machine Company, a newly constructed building located near Time D.C.,
does not front on any public right -of -way as required by Section 19.32.140 (A)
to authorize erection of a wall sign to identify the facility. Bowers Machine
Company has thus requested a variance from Section 19.32.140 (A) to allow
identification of its building.
CONCLUSIONS
The following conclusions are those drawn through relationship of the
previous findings with each criteria set forth in. Section 18.72.010..
• EXHIBIT "A"
VARIANCE - BOWERS MACHINE.
3 February 1977
8:00 P.M.
1. The variance shall not constitute a grant of special privilege in-
consistent 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 variance would not constitute a grant of special privilege
since without the variance the building cannot be identified, a
privilege granted to all developments.
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:
The fact that no part of the property abuts a public right -of -way
effectively precludes a use right and privilege permitted to other
properties. Thus, the variance is necessary to provide it with
that use right and privilege.
Board of Adjustment Page 2
Staff Report 8 January 1976
3. That the special conditions and circumstances do not result from
the actions• of the applicant;
CONCLUSION:
Although the lack of public right -of -way could have been avoided
by adequate subdivision legislation some years previous, that pro -
blem is not a result of the applicant's actions.
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 granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the.
vicinity.
5. The authorization of such variance will not adversely affect the
implementation of the Comprehensive Land Use Plan;
CONCLUSION:
Implementation of the Comprehensive Land Use Plan will not be affected,
Board of Adjustment
Staff Report
Page 3
8 January 1976
6. That the granting of such a variance is necessary for the preser-
vation and enjoyment of a substantial property right of the appli-
cant possessed by the owners of other properties in the same zone
or vicinity.
CONCLUSION:
The variance is necessary to preserve a use right of the applicant
which is possessed by other property owners in the vicinity.
RECOMMENDATION
In view of the Findings and Conclusions stated hereinabove, staff recommends
the Board grant the variance request.
SOUTH
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AGENDA ITEM V B
VARIANCE- Bowers Sign
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. APPLICANT TO ANSWER ALL TH ,..FOLLOWING QUESTIONS NEATLY AND ,CURATELY:
Name* BOWERS MFG. & MACE. COMPANY Address 1. 0 . nterurban Aye. So,-- Seattle
Seattle, Wn. 98168 Telephone No, 246 -0140
Property Petitioned for variance is located on
between
. Total square footage,in property
LEGAL DLSCRIPTION Lewis C C DC 01 & Por. Stephen DC ¢�38 beg,
N 8 144 - i5 - E 199.17 F :.:PR HUB at end of curve on C L of Duwamish Renton
Junction Road SD etc.
Existing Zoning
What are the uses you.propose to develop on this pr p icy?
,Number of permanent.off- street parking spaces that will be provided on property?
•
and
• Number required
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 Procedu•e sheet Item
No. 2 for specific minimum requirements.)
1. What provisions wilU. be made to sceeen adjacent and surrounding property from: =_.n;y
imcompatible.effects which may arise as a result of the proposed land use classification
4. Any other comments which the petitioner feels axe. appropriate':
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?
5. What hardship exists making this variance ccessa y? X41 .Gh14'
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ZuStAresS" 92-eyeATfy of efi.s'c d
GUS / '/41C S / 8 1- 0 c 14.7.- EXHIBIT "B" VARIANCE - BOWERS MACHINN
E
3 February 1977
•
Mr. Gary Crutchfield
Planning Technician
City of Tukwila
Tukwila, Washington
Dear PIr. Crutchfield:
WRP :bb
August 24, 1973
This will acknowledge your letter of July 31, 1973, received
in my office on August 6, 1973, regarding the City sign - -
code and, specifically, Section 19.32.140 of the TMC.
This property owner will undoubtedly contend that the reference
to one sign being permitted on each street which the property .
fronts allows him to erect a sign fronting on the freeway.
Advertising signs which are visible from the freeway are a
great asset to any business.
I feel the City is justified, however, in maintaining that the
use of the word "street" does not include.a limited access
freeway and that the property owner is not justified in
placing a sign upon the face of the building fronting the
freeway.
It will be up to the City to take a position in this regard
and let the property owner appeal to the Planning Commission,
the City Council, or the courts if necessary.
It might be well to amend the Ordinance in this regard to
remove any doubt regarding the type of street which permits
the property owner to maintain a sign.
a
Very truly yours,
WAYNE R. PARKER
EXHIBIT •"C'�
VARIANCE - BOWERS MACHINE
3 February.1977
3 February 1977
(date)
CITY OF TUKWILA
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 ; an application for VARIANCE from Section 19.32.140
of the Tukwila Municipal Code to authorize an additional wall sign..at the
Bower's Machine facility generally located at 13052 Interurban Avenue South.
All interested persons are encouraged to appear and be heard.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
For further information contact Gary Crutchfield at 242 -2177.
Published in the Renton Record- Chronicle on'
.19 and 26 January 1977
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
Barbara Campegna
being first duly sworn on
oath, deposes and says that
s he is the 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 Notice of Public
Hearing, Board of ..Adjustment.— Variance
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of
two consecutive issues, commencing on the
19 day of January.
26 day of January. .. ...... - . • . ,19 77 , 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 ?• a 16 , 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
January
V.P.C. Form No. 87
19..77
•
ss.
chief clerk..
,19 77 and ending the
26
Notary Public innd for the State of Was ngton,
residing at Kent, Kin ounty.
— 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.
day of
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tiiat the Tui Ii BOARO:OFr
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.
Texaco, Inc.
Tax Dept.
3350 Wilshire Blvd.
Room 1010
Los Angeles, Cal. 90005
Union Oil Company
Tax Division
P.O. Box 7600
Los Angeles, Cal. 90054
Mr. R. L. Oldright
311 Andover Park West
Tukwila, WA 98188
Bowers Machine Co.
13032 Interurban Ave. So.
Tukwila, WA 98168
AFFIDAVIT
Subscribed and sworn to before me this o/C day of
19 77.
Notary Public in and for the S ate
of Washington, residing at
21 January 1977
Dear Property Owner:
Please find attached a copy of the Public Notice published in the Renton
Record - Chronicle informing the general public of the public hearing to be
conducted by the Tukwila Board of Adjustment to consider a variance
request to authorize an additional wall sign for the Bower's Machine Shop
located at 13032 Interurban Avenue in Tukwila.
As a nearby property owner, you are hereby notified of the pending public
hearing and your opportunity to comment. Should you desire any further
information, please contact me at 242 -2177.
Sincerely,
Gary Crutchfield
Assistant Planner
GC /cw
Attachment
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
c ^r
8X08 F.Aifirm
TI E C ,,, . • Date 6y�. 19 . 318 . 2 '
Received From � '`-e- I'YLt n
Add ess 30 3,2). 1 " ,-/ �- (2;0.- - J, -
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" ACCOUNT
HOW PAID
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CASH
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CHECK
BALANCE
DUE
ORO
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8X08 F.Aifirm
The folly 'iing property ssituated in • the City of Tukwila( King Comity, � Washingtitin , ..;;
ghat portion of the Stephen Foster Donation Claim No. 38 and of the C. Lewis Ibnati� ;,
Claim I33. 37 in Sections 10, :11, 14 and 15, Zbwnshi 23 North 4 East W.M. ` ...
described as follows
Beginning at a point which bears North 40°01'05" West 920.15 feet from a monument at • ",
the point of intersection of a curve on the centerline of the Duwaniirsh- Renton Junction'
Mad, said point of intersection being approximately 1,000 feet East and 20 feet South:
of the quarter corner between said Sections .14 and 15; thence North 49 ffest1135. ? .
feet on a line parallel to and 150 feet • Northeasterly of the centerline of said .
Duwamish- Renton Junction load, to a point which bears .North 81 °44' 55" East 199.17 feet
from the point of .curve on the centerline of the said Duwamish-Renton Junction Road,.::; ;.., .
said point of curve being approximately 1,200 feet North and 440 feet West of the
quarter corner between said Sections 14 and 15; thence South 40°36'00" West 20 feet` to
the Northeasterly margin of the right - of-way of the Puget Sound Electric Railway; . thence •
North 49 °24'00" West along said right-of-way; 980.29 feet; thence South 49 °24' East
340 feet; :thence North 49 °36' East 185 feet, to the Trm Point of Beginning of this '
description; thence North 40 °36' East 185 feet; thence North 49 °24' West 115 feet;. .' 0 '
thence South 40 °36' West 185 feet; thence South 49 °24' East 115 feet to the Tam *int
of Be ;inning.
AFFIDAVIT
Form C
I MFG. & MACHINE COMPANY 1 being duly sworn, declare that I am the
contract purchaser or owner of the property involved in this application and that
,
the foregoing statements and answers herein contained and the information herewith
•
submitted are in all respects true and correct to the best of my knowledge and
belief.
I
Subscribed and sworn before me
this day of
, _no
Notary Public in and for the State of Washington,
residing at
WERS MFG. & MACHINE COMPANY
, — 7? Pres.
ature of Contract Purchaser or owner)
13032 Interurban Ave. So.
(Mailing Address)
Seattle, Wash. 98168
(City) (State)
o 2 70 •
(Telephone)
• . •
FOR OFFICE USE ONLY
Appl. No,.
Receipt No.
Filing Date /9
Hearing Date c 'Ai 1 ; r. ' / /(7 -7 °r
APPLICATION FOR. VARIANCE
Planning Commission Action
Existing Zoning ,;'��
What are the uses you propose to develop on this property?
City Council Action
Ordinance No. & Date
mcessa
APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY:
Na.m &BOWERS MFG. & MACHIgR„COMPANY Address 11 Interurban Ave. SQ1 B attle
Seattle, Vin. 98168 Telephone No.
Property Petitioned for variance is located on
between and
. Total square footage,in property
LEGAL DESCRIPTION OF Lewis C C DSLitallicjor. Stephen DC #38 aq.
N 81- 44. -15 -E 199.17 FT FR HUB at - end of curve on C L of Duwamish Renton
Junction Road SD etc.
3. What provisions will be made for adequate sewer and water service?
Form B
Number of permanent off - street parking spaces that will be provided on property?
• Number required
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 F.1;y
imcompatible effects which may arise a.s a result of the proposed land use classification
2. What provisions will be made to provide for necessary street widening td City
minimum standards?
4. Any other comments which the petitioner feels are appropriate':
5. What hardship exists making this variance y?
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