HomeMy WebLinkAboutPermit 77-10-V - FARWEST PAINT - VARIANCE77-10-v
south 133rd street
42nd avenue south 134th street
farwest paint company variance
25 April 1977
Mr. Robert J. Sheehan
Farwest Paint Company
4522 South 133rd Street
Tukwila, WA 98168
Dear Mr. Sheehan:
Sincer
Gary Crutchfield
Assistant Planner
GC /cw
cc: Mayor Bauch
Dir, OCD
Dir, Pub Wks
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
The Tukwila Board of Adjustment, over a period consisting of three consecutive
weekly meetings, considered your application for variance from Chapter 13.08 of
the Tukwila Municipal Code (TMC) to authorize the placement by Seattle City
Light of additional electrical transmission line overhead rather than underground.
The Board, upon due consideration of the application as well as written and .
verbal testimony received during the lengthy public hearing, deemed the cost
of undergrounding the particular facility a critical hardship if wholly encumbered
by Farwest Paint Company and that the City of Tukwila must pursue an appropriate
means of accomplishing the goal of Chapter 13.08 in a financially equitable manner.
On this basis, the Board granted the variance with the stipulation that in the
event any future LID is created which would accomplish underground installation
of the facilities described in the application, Farwest Paint Company agree not
to object to such LID.
This correspondence shall constitute the variance as described above and should
be retained by you as proof of such. Should you have any questions regarding
this matter, please contact me at your convenience.
I would like to thank you for your patience in complying with local regulations
and your appreciation of the City's goals as expressed within such regulations.
6230 Southcenter. Boulevard a Tukwila, Washington 98188 m (206) 242 -2177 •
Fi e
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
BOARD OF ADJUSTMENT
Minutes of the Continued Meeting, 20 April 1977.
Chairperson Altmayer at 8:00 P.M., reconvened the regular April meeting
recessed from 14 April 1977 and noted the date of this continuation was
moved to this evening due to conflict with scheduled City Council meetings.
Board members Mrs. Crain and Mr. James were present and Gary Crutchfield
represented the Planning Division. Chairperson Altmayer noted Mr. Duffle
had notified her that he would be unable to attend this evening.
Mrs. Crain pointed out that Seattle City Light's position, as stated in
the letter, hardly helps in resolving the problem.
Chairperson Altmayer noted that business is important in Tukwila as are
residents. The underground ordinance considers many advantages which are
not debatable. Granting variances without hardship effectively negates
the intent of the law.
Mr. Crutchfield noted the public hearing was still open and read a letter
dated 18 April 1977, addressed from Gary Crutchfield to Mr. Art Peterson
of Seattle City Light, and a letter dated 19 April 1977 addressed from Mr.
Gordon Vickery of Seattle City Light to Mr. Crutchfield. (A copy of both
letters is attached to these minutes.) Mr. Crutchfield noted Seattle City
Light emphatically denies being a party, in any degree, to this application.
Mr. Robert Sheehan, Farwest Paint, stated he had met with Seattle City
Light with respect to Mr. Crutchfield's letter date 18 April 1977.
Reiterated his appeal for variance.
Ms. Janice Whitley, attorney for Mr. Sheehan, suggested conditioning the
variance by requiring anyone who connects to the service to pay their
share of the undergrounding costs. This will insure equitable method
of payment.
Mr. Crutchfield noted he had conferred with the City Attorney who had
confirmed his suspicion that a condition imposed on Seattle City Light
by this variance is not incombent upon City Light if they are not a
party to said variance. Also questioned the 'enforceability' of Ms.
Whitley's suggestion.
6230 Sc. il fl C.i ?nt.'r !.r -, :•ard a Tukwila, !:'n:hinhon 98188 H (200) 242 -2177
p.;,, rlfosc..caimXarm:.a arat,
Board of Adjustment
Minutes
Page 2
20 April 1977
Mr. Sheehan stated he is willing to pay fair share of underground costs.
If variance is not granted, he will pay inequitable share.
Ms. Whitley and Mr. Crutchfield briefly discussed her previous suggestion
with Mr. Crutchfield concluding that it appeared to fall within the scope
of the City Attorney's caution against imposing conditions on an entity
which is not a party to the variance.
Mr. Crutchfield explained several LID methods.
Mr. James questioned Mr. Sheehan's choice as to locating in the old Clark -
lift building.
Mr. Sheehan stated it fits his company's needs and was told by electrical
contractor that the service was adequate. Also has spent more than $20,000
on sprinklers to appease the Fire Department and considerable time and money
has been expended in appeasing the Public Works Department.
Mr. James stated he feels the cost of undergrounding outweighs the benefit
and would like to approve it if not setting a dangerous precedent.
Board discussed possible conditions of variance.
Chairperson Altmayer closed the public hearing at 8:45 P.M.
Motion by Mrs. Crain and seconded by Mr. James that $35,000 additional cost
is a critical hardship in light of the positions the City and Seattle City
Light have taken, that appropriate means must be pursued through the City
of Tukwila to accomplish the goal of the underground ordinance in a financially
equitable manner, and therefore the variance be granted to Farwest Paint Company.
The Board discussed reasons as to delay of accomplishing underground installa-
tion of all electrical facilities.
Motion by Mrs. Crain and seconded by Mr. James to amend the previous motion
to include the condition that in the event any future LID is created which
would accomplish underground installation of the facilities described in the
application, Farwest Paint Company agree not to object to such LID. Motion
to amend, CARRIED.
Motion to grant variance, as amended, CARRIED.
The Board members discussed means of enforcement of underground ordinance
and attainment of the ordinance goal. Directed Staff to address letter to
Mayor urging pursuit of such.
Motion by Mr. James, seconded by Mrs. Crain and carried to adjourn the
regular April meeting.
Chairperson Altmayer adjourned the meeting 3 9:00 P.M.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
PAPrs .,
RECREA ON
PLAYA !tin
GC /cw
MEMORANDUM
CITY of TUKWBLA
OFFICE of COMMUNITY DEVELOPMENT
20 April .1977
TO: M/F #77 -10 -V
FROM: Gary Crutchfield, Assistant Planner
SUBJECT: MEETING with Mr. Art Peterson, Seattle City. Light
Pursuant to telephone conversation conducted Monday afternoon,.
18 April 1977, between myself and Mr. Peterson regarding Seattle
City Light's position as to the variance request by Farwest Paint
Company and during which Mr. Peterson indicated that Seattle City
Light is not a party to the variance application, I met with Mr.
Peterson this morning to deliver a letter requesting written con-
firmation or denial of the City of assumption that Seattle
City Light is a partyto the variance application.
Mr. Peterson indicated he could not provide an official answer to
our question without going through the proper channels of Seattle
City Light. This would probably require an administrative recom-
mendation to Superintendent Vickery who would be required, as a
matter of policy, to sign a letter addressed to Tukwila officially
stating their position with respect to said variance request.
Mr. Peterson agreed to inform me by telephone prior to . the scheduled
Board of Adjustment meeting on Wednesday, 20 April 1977, as to whether
or not a written response would be available prior to said meeting.
Your
Seattle
City Light
Gordon Vickery. Superintendent
April 19, 1977
Mr. Gary Crutchfield
Assistant Planner
City of Tukwila
Office of Community Development
6230 Southcenter Boulevard
Tukwila, Washington 98188
Dear Mr. Crutchfield:
I personally know of no instance wherein Seattle City
Light has requested a variance from the City of Tukwila,
nor am I personally aware of any attempt to have Farwest
Paint Manufacturing Company petition the City of Tukwila
in behalf of Seattle City Light.
Therefore, your assumption to that effect is not only
incorrect but unfounded and without any basis in fact.
Your ruly, w .
Gordon Vickery
Superintendent
WW:ms
City of Seattle-- - Department of Lighting, City Light Ciuilding, 1015 'fhlyd Avenue, Seattle, Wast 98104, (206) 025.3000
18 April 1977
Mr. Art Peterson
Seattle City Light
1015 Third Avenue
Seattle, Washington 98104
Dear Mr. Peterson:
Farwest Paint Company, located at 4522 South 133rd Street in Tukwila, has
petitioned the City of Tukwila for a variance from local regulations which
mandate expansions of overhead electrical facilities be placed underground.
The variance petition requests that Seattle City Light be permitted to
place an additional transmission line overhead between 42nd Avenue South
and the termination pole located near the Farwest Paint Company facility.
Inasmuch as the improvements referred to in the petition are owned by
Seattle City Light and not Farwest Paint Company, the City of Tukwila
Board of Adjustment has directed that I obtain written confirmation or .
denial of our assumption that Farwest Paint Company has petitioned in
behalf of Seattle City Light for said variance. Such written declaration
may be submitted to me personally or to the Board at 8:00 P.M. Wednesday,
20 April 1977 at the City Hall Council Chambers located at 14475 - 59th
Avenue South in Tukwila.
Should you have any questions regarding this matter, please contact me at
your convenience.
Sincerely,
Gary Crut hfield
Assistant Planner
GC /cw
V cii "rLJE- 'i5'JCL
OPFICE of COMMUNITY DEVELOPMENT
cc: Mr. Robert J. Sheehan
Farwest Paint Company
Chmn, Bd of Adj
n,J PVit rd r+ rUP.WfI !. ._. ;t... 9j1;;9 14 (20 • 2';. ...
CITY of TUKW8LA
OFFICE of COMMUNITY DEVELOPMENT
Minutes of the Continued Meeting, 14 April 1977.
Chairperson Altmayer reconvened the recessed regular April meeting at
8:05 P.M. with Mrs. Crain and Mr. Duffie present. Mr. Crutchfield
represented the Planning Division.
Mr. Crutchfield noted that Mr. James had notified him that he would be
absent.
Mr. Sheehan of Farwest Paint Company submitted written cost breakdown of
undergrounding costs obtained from Seattle City Light as requested by the
Board.
Mr. Crutchfield noted he was incapable of providing an opinion as to the
accuracy of the cost breakdown since he had no qualifications or experience
upon which to base such an opinion.
The Board members discussed the costs of undergrounding the distribution
system with particular interest focussed on the letter's statement that
the existing overhead lines would remain in place if the new line was
placed underground.
Considerable discussion centered on cost payment methods, effects on
various properties, responsibility of utility company to serve in con-
formance with the ordinance. Discussion ensued with respect to enforcement
of the undergrounding requirements in other areas of the city.
General conclusion of the Board was that Mr. Sheehan was in reality applying
for a variance in behalf of Seattle City Light since Mr. Sheehan will place
his electrical service from property line to building underground. In
actuality, Seattle City Light desires a variance in order to place the
distribution line overhead instead of underground.
Mr. Crutchfield explained alternative conditions of approval which could be
attached to the variance but noted the conditions must apply to City Light
and not to Mr. Sheehan.
6230 Southcontrr 13 n Takcoi. Washington 9S188 n (206) 242 -2177
BOARD OF ADJUSTMENT
Board of Adjustment
Minutes
Motion by Mrs. Crain, seconded by Mr. Duffie and carried to recess the
continued April meeting until 8:00 P.M. Thursday, 21 April 1977, and
direct Staff to address a letter to Seattle City Light pointing out the
assumption that Seattle City Light is apparently the applicant for this
variance request and that the Board requries written confirmation or denial
of that assumption before appropriate action may be taken on said variance
application.
Chairperson Altmayer recessed the continued meeting at 9:20 P.M.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Page 2
14 April 1977
8 April 1977
Mr. Robert Sheehan
Farwest Paint Company
Fifth South and South Kenyon Street
Seattle, Washington 98108
Dear Mr. Sheehan:
The Tukwila Board of Adjustment, at its regular April meeting conducted
7 April 1977, commenced a public hearing to consider your application for
variance from the undergrounding requirements of Chapter 13.08 of the
Tukwila Municipal Code.
The Board recessed the public hearing to allow time for you, as applicant,
to obtain a written detailed cost breakdown of the cost of placing the
±970 feet of overhead electrical service underground. The public hearing
is scheduled to reconvene at 8:00 P.M. Thursday, 14 April 1977.
Please provide the required information to me as soon as it is available
as I must prepare written comments prior to the meeting.
Si ncer ly,
Gary Crutchfield
Assistant Planner
GC /cw
cc: Chmn, Bd of Adj
CITY of T U KW I L A
OFFICE o COMMUNITY DEVELOPMENT
6340 ;3:iut.hcantor Boulevard a Tukwila, Washington 98188 N (206) 242 -2177
April 8, 1977
Farwest Paint Manufacturing Company
5th Avenue South and South Kenyon Street
Seattle, Washington 98108
Attention: Mr. Robert J. Sheehan
Gentlemen:
Service to 4522 South 133rd Street
Tukwila, Washington
Yours very truly,
stimoti
Robert G. Sheehan
Chief Engineer
TAR:bb
The following is a breakdown of costs to extend three-phase power under-
ground to your site at 4522 South 133rd Street, Tukwila, Washington:
1. Install three vaults $15,000
2. Install approximately 1300_ feet of 2 -4 inch
PVC ducts 6,500
3. Install 12 each 4-way J -boxes 480
4. Install 24 each loadbreak elbows 600
5. Install pole riser and termination 500
6. Install approximately 4,000 feet of #1 primary
cable 4,000
7. Install three transformers and connect service 900
8. Material 12,193 .
Total .$40,173
The existing overhead line will remain in place at this time. Please
contact Mr. Art.Pet_araon of our Consumer Advisory Services, 625 -3356,
to ;an a arrangements for the installation.
City of Seattle-- •tJepartinent of Lighting. City Light t]uildiny, 1015 Third Avenue, Seattle, Washington 58104, (206) 636 -30t)0
CITY of T UKam/IQL A
OFFICE of COMMUNITY DEVELOPMENT
BOARD OF ADJUSTMENT
Minutes of the Meeting, 7 April 1977.
The regular April meeting of the Tukwila Board of Adjustment was called
to order at 8 :05 P.M. by Chairperson Altmayer with Mr. James, Mr. Duffie
and Mrs. Crain present. Gary Crutchfield represented the Planning Division.
Chairperson Altmayer welcomed Mr. Gerald James as a new member of the
Board replacing former member Lloyd Hartong who had recently been appointed
to the Planning Commission. Also noted Mr. Dow's absence. Mr. Crutchfield
stated he had been unable to locate Mr. Dow but knew he had moved from
Tukwila and the Mayor will be formally advised of such.
Mr. Crutchfield explained the minutes of the February meeting had been
misplaced and they will be distributed for approval at the next regular
meeting.
Mr. Crutchfield explained the nature of House Bill 185 and noted the
Association of Washington Cities had vigorously opposed the bill. Also
noted he believed the Bill had died in legislative committee.
Variance Extension -- West Coast Truck Lines
Mr. Crutchfield introduced this matter as a request for extension of the
time period attached to a previously granted variance for the use of a
trailer as a residence outside an approved trailer park. Read entire
Staff Report on this matter.
Mr. Otto Klein, 4600 South 134th Place, submitted a petition signed by
neighbors stating their appreciation of the added security provided by
the nightwatchman. (Copy of petition is attached as part of these minutes.
Mr. Klein stated he has been unable to locate other facilities to accomodate
his type of business since most other truck terminals don't operate in the
fashion his does. If a fence is put up, the trucks will block the street
6710 Southcent. c Nnu1 r ;a. n Tukwila iiash.inyton ^ , q8 e (206) 242-2177
Board of Adjustment
Minutes
Page 2
7 April 1977
trying to get in the gate. West Coast leases on a year to year basis from
the property owner. Explained that trucks do not usually unload freight.
Chairperson Altmayer noted that nightwatchmen are usually required to live
on the premises they guard.
Mr. Duffie questioned the possibility of constructing a residence on the
property.
Mr. Klein stated West Coast doesn't want to build on property they lease
on a short -term basis and the property owner doesn't want to sell the pro-
perty or construct a residence.
Mrs. Crain questioned the proximity of one of the addresses on the petition .
submitted by Mr. Klein.
Mr. Klein stated the nightwatchman had circulated the petition.
Mr. Duffie asked if Mr. Klein had understood the conditions of the original
variance and the reasons for which it was granted on a temporary basis.
Mr. Klein answered affirmatively.
Mr. Crutchfield read portion of minutes dated 3 April 1975 relating to the
rationale for granting the variance originally. Also noted the following factors:
1. Other truck terminals, specifically Time DC, Oak Harbor and the
planned yellow Freight Systems, operate in a manner very similar
to West Coast and all conform to the TMC regarding security.
2. Night or day watchmen are not required to live on -site.
3. The TMC explicitly declares that a trailer used for residential
purposes outside an approved trailer park is a public nuisance.
4. The original variance and the one year extension were both granted
to provide Mr. Klein a reasonable period of time to conform to TMC
requirements while allowing him to maintain security for his operation.
Motion by Mrs. Crain, seconded by Mr. James and carried that on the basis of
the Findings and Conclusions contained in the Staff Report the Board deny
extension of the variance, declare the variance null and void, and order the
trailer removed from the premises within thirty (30) days from date of this
action.
Motion by Mrs. Crain, seconded by Mr. Duffie and carried to inform the appli-
cant maintains the right of appeal to a court of competent jurisdiction for a
period of thirty (30) days from date of this action..
PUBLIC HEARING: VARIANCE - Farwest Paint Company
Mr. Crutchfield introduced this matter explaining the variance is being requested
to authorize addition of an overhead electric distribution line to increase service
Board of Adjustment
Minutes
Chairperson Altmayer recessed the meeting at 9:45 P.M.
at the request of Farwest Paint Company.
Chairperson Altmayer opened the public hearing at 8:45 P.M. and Mr.
Crutchfield read the entire Staff Report on this item.
Ms. Janice Whitley, 1920 Pacific Building, attorney representing Farwest
Paint Company, stated this is the first she has seen of the Staff Report.
It claims the cost of undergrounding could be as little as $5,000 while
Seattle City Light estimates the cost at $40,000. Denial of the variance
will not accomplish undergrounding of the existing system since City
Light will simply underground the one new line but leave the existing
poles and lines. The only alternative to increasing the electrical
service by adding a new line is charging the machinery used by Farwest
and effectively inhibiting their standard of operation. Summarized that
these factors create a hardship on Farwest Paint; it is unreasonable to
underground one line now and leave the existing poles and lines overhead;
Farwest Paint should not be penalized in the City's attempt to force
Seattle City Light to underground the distribution system.
Mr. Robert Sheehan Farwest Paint Company, stated his company has dutifully
complied with all codes, all at an increase in expenses. The $40,000 cost
of undergrounding City Light's distribution system is far too much for him
to assume. The existing poles won't be undergrounded and therefore.no public
benefit is gained by denial of the variance.
Board discussed similarity of conditions of this request and a recent variance
request from Seattle City Light on Southcenter Boulevard. Discussion focused
on costs of undergrounding and alternate methods of cost distribution.
Chairperson Altmayer noted the need for a firm and detailed cost breakdown of
undergrounding. Board discussed possibility of recessing the meeting to allow such.
Motion by Mr. Duffie, seconded by Mrs. Crain and carried to recess the public
hearing and the regular April meeting until 8:00 P.M. Thursday, 14 April 1977.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Page 3
7 April 1977
CITY OF TUKWILA:
WE THE U1NDERSIG\TED DO HEREBY REQUEST AND PETITION THE CITY OF TUKWILA TO
GRANT AN EXTENSION OF THE PERMIT FOR THE TRAILER HOUSE AT 4600 S . 134TH
PLACE, TUKWILA, WASHI'�1i GTOiN. WE APPRECIATE THE ADDED SECURITY OF THE WATCH-
MN THAT OCCUPIES THE TRAILER HOUSE BEING IN THE INMEDIAT ;VICINITY.
NPEVE :.?0 \ ` s� ��fi._ NAI"IE_ —t�•; s, i
ADDRESS \ ('s) 6
PHONE NUMBER C§A ,-4
NAME / `r •.�,,.._ f
-
ADDRESS -/ .< // /2 /
PHONE NUMBER
NAME'. /l• U l!' - %��
ADDRESS /54/41-5
, •41-5 Y - '<%
PHONE NUMBER a.zf -._. C• y?
NAME
ADDRESS-V67
DDRESS / 6 c , 6
o /3(/
PHONE NUMBER 4[d /0 9 3 -
NAME ; • ! (a1UC J
ADDRESS /4 2 5 T.-?-4S •
PHONE NUMBER
ADDRESS
ADDRESS I/%/2_ S.,.; ,? )/74
PHONE NUMBER w - 2/
ADDRESS TS t 3 S I ((:7 ,
PHONE NUMBER 1 " = (6, DS"
NAME
ADDRESS / ? yQ i
PHONE NUMBER
r -, .
NAME U �" -I ?
41 i ADDRESS \ ) �.
PHONE NUMBER C� iz
NAME
ADDRESS
PHONE NUMBER
NAME
ADDRESS
PHONE NUMBER
NAME
ADDRESS
PHONE NUMBER
NAME (t. �! /. • ; � v --
J 1' 7 - � ADDRE;SS
NAME
PHONE NtJ?4B.ER ( � l '). /� % ' PHONE NUMBER
NaRCH 31, 1977
-?
I — 111
it;t:Cie 7() �. •
CITY OF TUKW'ILA
PLANNING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
7 April 1977 8:00 P.M.
AGENDA ITEM IV B : PUBLIC HEARING: VARIANCE from Undergrounding Requirements
REQUEST: VARIANCE from Chapter 13.08(TMC) to allow addition of one
(1) overhead line to existing overhead system.
APPLICANT: Farwest Paint Company, 4522 South 133rd Street, Tukwila
LOCATION: Along South 133rd Street between 42nd Avenue South and the
Farwest Paint facility.
ZONING: M -1 (Light Industry)
COMPREHENSIVE PLAN: Industrial
Farwest Paint Company, located in the old Clarklift building, needs increase in
electrical service to operate its facility properly. Seattle City Light must
add a new electrical line between 42nd Avenue and the Farwest building. Chapter
13.08 requires such to be placed underground. Farwest Paint has applied for a
variance from such requirement in behalf of Seattle City Light.
FINDINGS:
1. The Farwest Paint Company is located at the east end of South 133rd Street
and the new electrical service must extend from 42nd Avenue South, a distance
of approximately 970 feet.
2. All the property in this vicinity and located within the city limits is zoned
M -1 (Light Industry).
3. Several acres in the immediate vicinity remain vacant and undeveloped at this
time.
4. Seattle City Light estimates the cost of adding the new line to the existing
overhead lines at approximately $5,000.
5. Seattle City Light estimates the cost of placing the facility underground at
approximately $40,000.
G. Based on information received from the Tukwila Public Works Department, the
actual cost of placing the facility underground should be within the range
of $5,000 to $10,000.
Board of Adjustment
Staff Report
Page 2
4 April 1977
7. Chapter 13.08 requires all extension, duplications and rebuilds of over-
head electrical distribution systems be installed underground.
CONCLUSIONS:
As set forth in Section 13.08.100, the six (6) variance criteria of Section
18.72.010 as well as the one additional criteria set forth in Section 13.08.100(b)
are applied to the application and the findings enumerated above.
Section 18.72.010:
(1) The variance shall not constitute a grant of special privelege inconsistent
with the limitation upon uses of other properties in the vicinity and same
zone in which the property...is located;
The granting of the variance would likely allow all properties in this
immediate vicinity to receive electrical service in an nderground fashion
from the new overhead line. Thus, the variance wouldP onstitute a special
privelege inconsistent with the limitations on uses of other properties in
this vicinity.
(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;
There appear to be no special circumstances other than the cost of undergrounding
the existing overhead distribution system.
(3) That the special conditions and circumstances do not result from he actions
of the applicant;
In light of the previous conclusion, this criteria is inapplicable.
(4) That the granting of such variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in the
vicinity and in the zone in which the subject property is situated;
Insofar as Section 13.08.010 (TMC) states "The health, safety and general
welfare of the residents of the community require that all such existing
overhead facilities be relocated underground as soon as practicable in
accordance with the requirements included in this chapter, and that all
new facilities specified in this chapter be installed underground" the
underground installation of the existing overhead distribution system at
this time appears practicable and the granting of the variance would appear
to be materially detrimental to the health, safety and general welfare of
the residents of the community.
(5) The authorization of such variance will not adversely affect the implementa-
tion of the comprehensive land use plan;
The authorization of the variance would not adversely affect the implementation
of the Comprehensive Land Use Plan.
T t j.J# MI' it µ+' '? :..rr" r' ' a! 'i` t
Board of Adjustment
Staff Report
(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 property develops, it will be required to install service lines under-
ground from the distribution system to the facility. Hence, the granting
of this variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant which is possessed by owners
of other properties in the vicinity.
Section 13.08.100(b)
(1) The utility owner or user or any other affected party can demonstrate that
it would work an undue hardship to place the facilities concerned underground.
By undue hardship is meant a technological difficulty associated with the
particular facility, or with the particular real property involved, or a
cost of undergrounding such facility, which outweight the general welfare
considerations implicit in underground installation.
Regardless of the cost of undergrounding the system, the fact that Seattle
City Light requires that the cost be borne by the individual needing ser-
vice creates the real problem. Were the cost of undergrounding spread equally .
to the several properties to benefit by such undergrounding, an undue hardship
would be avoided. Chapter 13.08 indicates such costs may be borne in any legal
manner.
RECOMMENDATION:
Based on the preceding conclusions, Staff recommends the Board deny the variance
on the does not satisfy the criteria set forth and required by Sections
18.72.010 (1), (2), (4) and (6).
Page 3
7 April 1977
v •..'• 1 J 1 t
• C' 7 I
• Ng
HI
r i t`'' `i '1 V •
0 i . �, i ' , . � :
i • t )•
A �
y •
A No, tip ' y
•-- — N• `v `.
• • ...
-, . T� /� ' �7 • f ,Z� i frffT) T ].. ` Vhf
•,_; y T - V�•'
.
. �.�71L1-.� ul.� .�.. LLiui��il J'[:.�LL1411 ^ "_I.. r .� .\
r v.
'
' r�
(_.�... 1 __.. •
�•�.��� • 'y:� •1uJ,T� !l rl' � ... �'.-• p•.'. � J ` ` � u. = u:: a ..3:: :i :I : '1 : u UU.. � ...... ... ~� •••_"' . \
• A 0 0
tic- � �i+► � - _ • l._ • L-
1 — t -
•
0.
•
�_ nom: -.� l
••
f •
•
C
•tUJC.t
• V
‘)0\1/-,/.1.!" —(;> — --- -
■
C.^
\' c••••
O \
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
ss.
Betty Morris
being first duly sworn on
oath, deposes and says that she_ is the chief.. clerk of
THE RENTON RECORD - CHRONICLE, a newspaper published four (4)
times a week. That said newspaper is a legal newspaper and it is now and
has been for more than six months prior to the date of publication referred
to, printed and published in the English language continually as a news-
paper published four (4) times a week in Kent, King County, Washington,
and it is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper. That the Renton
Record - Chronicle has been approved as a legal newspaper by order of the
Superior Court of the County in which it is published, to -wit, King County,
Washington. That the annexed i s a Notice Of Public Hearing
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
two
of consecutive issues, commencing on the
3/23/77
day of ,19 , and ending the
30 day of March ,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 $ 13
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.
chief clerk
Subscribed and sworn to before me this 30th ' day of
March ,19 77
Notary Public
and or the State of Wa
ington,
residing at Kent, Kip'g 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.
V.P.C. Form No. 67
IC': Noti
':.OF:TUKWILA
>NOTICE <OF:
IBLIC HEARII
A pri l 1
NottGe s herehy given that;
Att Tukwila BOA OF : AD
JUSTN*ENT will conduct .'e'
t!.PUBLUC 'HEARING? nn t
aboie . ate at :.City . Hail
.1 A475'= "'S9ttf' South;';
;. to'considei`an pplicaitlonfor
VARIANCE tfrom14t;hapte
9:99 of the Munici�„
pal TCode'to ADD #;one.t
•� O VE RHE/1D;';,ELECTRIC; �
i TRANSMISSION:;'LINE;° IN,.A
"LIEU.OFUNDERGROUND
?'iNG, ;EXISTING? OVER-"
x'HEAD. SYSTEM;I.for a Di
TANCE `.iOl,; . approxx
} 970- feet�along South:.1 33rdf
�' t StreeE betweon:42nd " v=;
;.enue Sodth find South,134th'"
street`in:T `? -f ,;fi: % "'
All , inter
.wand: tie flea
FARWEST
Mr. Richard K. Williams, Office Engineer
City of Tukwila Public Works Department
6230 Southcenter Boulevard.
Tukwila, Washington 98067
Dear Mr. Williams:
RJS /lw
FARWEST PAINT MANUFACTURING CO.
Fifth South and South Kenyon Street
Seattle, Washington 98108
(206) 762 -1344
I inquired of you personally last Friday, March 11th on electrical
power service for our new plant at 4522 South 133rd St. This brought
the response from you that "additional required capacity has to be
buried and brought in from the nearest pole ". I find that either I
misunderstood you or you misrepresented the facts.
Our power pole on which is located City Light transformer is near the
Southwest corner of our property.
Rechecking with, our electrical contractor, Ace Electric Co. and Mr.
John Skinner of City of Seattle Light Department refutes your statement.
City Light advises that they are not allowed by the City of .Tukwila Public
Works Department to increase transformer capacity on this pole. Accordingly,
we cannot adequately get power capacity to operate our plant even if we
install lead -in underground wiring which is 100% on our property from the
pole.
Is it the intention of your Public Works Department to try to make it
impossible for industry in Tukwila in an industrial area or are you not
properly familiar with this situation?
Your immediate response is absolutely necessary as now we are. ready to
occupy our plant but cannot get power to operate it adequately.
Copy: Steven M. Hall, P. E., Public Works Director
Al Pieper, Building Department
Lawrence City Attorney
Mayor Edward Bouch, City of Tukwila
Walter E. Webster, Jr„ Attorney At Law
Ace Electric Co.
John Skinner, City Seattle Light Dept.
Ei.: STO- :iEA► `'I For Caulking
73 a; edwarr
w/ e
Sincerely Yours,
FARWEST PAINT NUFAC IN CO.
Robert J. S eh
President
March 14, 1977
' WO Z.-4.0
W()NDERGL )"
High Quality Paints '
1
I
"F\ T-• F;f;'4-I.tV1 hso
A
•
1-\
r
„ • •
.2La. \ S( O ‘1 ,
• V
• N7
• Ls,
• •
• ••.
, •••••••
••
. •
. • •
•
• ..•
•
it Prk7;5:".i:.!
S'n1r
„e,; c
4.! •
tr! ,
1
k•
'CY
12
•.;!
Ss-
• ,.....;•••
c t„S " 7 1.7) , • ` 7 7 1 .
• // •
•' ‘,.*
(?) ••••••-
"..
' • '
.:‘
',' !::! * J 77 '-,...., • t!........:,..,, • - .te--,---:-.7i-E,:.,..---c,•,
• • • ' ' — '‘ 1 ' ‘ -.'''' 7' — -
7 — -- --- —
/
•-•! 4 :_ ,..:-.....--,....„....„-..,..%,,-.1......„.....:„.,...,_....::::::„.
1 ......................._....__ \ _ 7 .,
•••.;
1 ••••• , •' r !••- 't.r1 1\1 ", ( 1- .'
...t• 'LI
• r'
. .•.
""•:,
•
kt
;
1 ,1
1 0 .
- -
! • , ,•L • - • „I.
, " • ..,..1r.4•;:,!•••: !
. . • .
\- % •
. /•'.
' ' • ,
• i":
3 .2. 1 -•'
1-0-‘•
•
•
•
i
i
C
V.1■•■••
rJ
1,1
(11
.
Vs/ • .
•
• •• • •• .••• •
;
3
I.
N
1
4 > g uy
Z5
v✓
/
Z5
'.t 3 t°
Q o ✓
II f3t
OVER}TralD LINE . ADDITION - //9Q9 . `
Rf: quires adr1Ts_a. thi O
rcire the
' - t o.. n9 `existing betii en the': corner ;
at; 142nd Ave '. Sarid : pole at'fhe `: ;,.: customer property` e ' (970E:),':: 'his_ Would c $5,
57 t L
4iP E7
- 4 2 r3c.
134 TH ST
3405
Z
, I
-Z
■
•
9i
114- 0
4Q_
2 N.
4 t
/ `'
2
•1
16
.
ii./
� (AV \���� 2 ,,A
Zoo„ ..„1 �a x v
ape- V ,o
tx f( Qo �. Pa o
5
V
•
:z
/ 7
!'•
•
•`�
•
ti
f{a1vorson U
y.rde.II vflfssi
44.1/.4 S
3 2.
h
I
-- j' -- -- - ---
e ti
• 1
r; . b i \ }
•
Su
/r:: i:-.;
c r , • . r -1 i , .I
ill-‘03 I
'� l /OS 07
2 N
•
0
Y-1104
25
18
J /
ua+
zge/ ,. 4 •0 0 r ' 'ti " '
•
•
i
� ��', `' fi e
13n O 5 4 0 ; i< - . 63‘ e .cs .
'Tc 3:1:., ` • 1 r J. l �^. � � ‘ •
--- �� —J— + 3 38 � •.
\ %. _ r Srl r L
it ' >> k 4 P
i33 t ';-r• � • I UPNDERGROUND II1`r LINE 1SION _ _:.' •o�
•
•
,.." Lf.: , .
/ 1 V , .� •
r i r L, 'J J y � + -•-;
a
.
f ( O 41 C,
� - ' - `
^J
v '
!! ;/
0 ... nr•+.r-1
r•
E.:4
• V
\•
AFFIDAVIT
I, Robert J. Sheehan , 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. g.) c�
Robert J. Sheehan
(Signature of Contract Purchaser or owner)
% Farwest Paint Manufacturing
4522 South 133rd
(City)
(206) 244 -8844
Subscribed and sworn before me
this : .18th day of March a 19 77
(Mailing Address)
Tukwila, Washington 98168
Telephone)
Notary Public in and for the State oT
residing at See
(State)
Form C
• . .
FOR CP: THE OiJf,Y
App 1 . 1To
c I 6111
\\sifi-
ei Ali \
APPLICANT TO AN3WER ALL THE FOU.MI 1 NG (),11E. ;1'f()! NEATLY AND ACCURATELY.:
City_ Ad (1 __ 1015 _ Seattle
For: Robert J. Sheehan
To 1 0 ph c n e „ 625-3000
Proprt,: Pc:t, it lofted for va rinco °an Led on 4522South133rd.Tukwi1a „Wn . 98168
mld
Tot square oo go in propfrLy
LEGA OF PROPERTY That_portion of tract 6 Fostoria Garden Tracts, _
According to plat recorded in Volume 9 of Plats, page 95, in King County, Washington,
strip fand-derded-to - ffing-C-13unty-,
__Washington,. _fo_r_rgad_p_uo s e ed recorded under ... aud s . No . 10062,82 ,
EXCEPT that portion of said premises deeded to State of Washington by deeds recorded
-- iihddr - auctrrors - g - fti - e - /tas: 3130436 and 5722
- -
• V.A. re.
Eps;isting Zon nu,
Wha t, :are .thr,1 uses you prepoa.... develop c' properLy? Paint Processing,
— - - - - - - - - - — - - - - - - - - - -
WhoISsaling and retailing.
•
1 ;
(, 1,1.,tkA\
:rum
A
Number required
•
Numbeli:Of pormanent off-street parkj.mg t,hal, will be provWd on proprLy?
NOTTCE TO APPLTCANT: The 'following factors are c on-
dored ree_1 as; vi fy lug property or mOdifyAnr, reEr,u1a-
. • t ions Evid enc e e r n forma Lion you desire
to submi Lo subs tan Lia te your rt.•:quest may be a 1:.1..7..r.bod
to this sh 1.. . (Soe 1 i..on Procedo:e 1l.t Item
No. 2 for spacific ini niiT111171 requi.retnent:s
What; provisions wil J.. bc ma(Ia Lo se ad jaaen! and su.rroundin5 prop:irLy
imcompaUhlo effec Ls .which may ari se 1.1f:.: a result or the proposed land use ori
All installed
------------
• - „
-------------
•
2. 1 visi s w i.l 1 be rIc L o p dc! '0 or r • •-•,, t C • •
ni mum s t %rid rc.13? None required
3. 11;l ) :isions q:LL1. or zi e :lower ani wator
is for service, 8 in. water line for sprinkler being brought in.
4 a?tr:t: ftAWmar rippropri3t.c.4 Service_installea
_
as considered adequate but turns out to not being so.
. p 'J1.1:: 1 :.:1 undergrspna to run
service from is C -444- away.. Cost for Such on installation would Ve9:0
• •