HomeMy WebLinkAboutPermit 77-43-V - MORGAN BRUCE - MORGAN OFFICE BUILDING CURB CUT VARIANCE77-43-v
6000 southcenter boulevard building b
morgan office building
23 February 1978
MEMORANDUM
GC /ch
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
TO: Al Pieper, Buildin Official
FROM: Gary Crutchfiel .;s. stant Planner
SUBJECT: MORGAN OFFIC :UILDING (APP #77 -91)
I have reviewed the plans submitted for the above - referenced project in pursuit
of a foundation permit and note the following.
Floor Area:
A) Gross floor area = approximately 7,000 square feet.
B) Net floor area = approximately 5,600 square feet.
Parking:
A) Minimum number of parking spaces required = 22 (7,000 @ 3.1 spaces /1,000
= 21.7)
B) Parking area design must fulfill, as a minimum, the following standards:
1) Two 90 stalls with 2 -way center aisle must provide:
a) 62 feet from inside edge of wall to inside edge of wall if
stalls are 9.0 feet in width. -
b) 60 feet from inside edge of wall to inside edge of wall if
stalls are 9.5 feet in width.
2) One 90° stall with 2 -way aisle must provide:
a) 43 feet from inside edge of wall to inside edge of wall if
stalls are 9.0 feet in width.
b) 40 feet from inside edge of wall to inside edge of wall if
stalls are 9.5 feet in width.
Inasmuch as the entire parking is provided within the basement for which the
applicant has requested a foundation permit, I request a foundation permit not
be issued until the applicant has demonstrated compliance with parking standards
hereinabove described.
6230 Southcenter Boulevard ■ Tukwila, Washington 98188 0 (206) 242 -2177
- 47
,tt
CITY OF TUKWILA
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98188
B
ok, • e.o.
'''''::5:1:'.::-:. '4::."5"...fill-":":11:11";"1"4' . .",tb , 04 . ::: ..t...C .z.liti''
. FE32V72 . ` e•- , ., ., i '
)
„4 25N):0..„......4.411„1:„......+...„:..!!!!!!"..4:4.".....A.......A.......,:::;
• 12.14 - ....
7 1978
Mr. Bruce Moan
320 Andove .
Tukwila, 98188
•
•
•
•
PLANNING
PARKS 4
RECREATION
BUILnLNG
w
Minutes of Regular Meeting, 6 October 1977.
The regular October meeting of the Tukwila Board of Adjustment was called
to order at 8:02 P.M. by Chairperson Altmayer with Board members Goe, Jo-
hanson, Duffie and James present. Gary Crutchfield represented the Plan-
ning Division.
Motion by Mr. Johanson, seconded by Mr. Duffie and carried to approve the
minutes of 1 September 1977 as presented.
OLD BUSINESS:
Status Report: Underground Utilities Study
Mr. Crutchfield explained the report submitted to the Mayor and noted the
desire of the Planning Division to conduct a thorough study of the problem
in 1978.
NEW BUSINESS:
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
BOARD OF ADJUSTMENT
PUBLIC HEARING: VARIANCE (Morgan)
Chairperson Altmayer opened the Public Hearing at 8:20 P.M. and Mr. Crutch-
field read and explained the Staff Report and drawings.
Mr. Bruce Morgan, 8732 - 138th Avenue S.E., Renton, applicant, stated his
substantial agreement with the Staff Report but suggested that recommended
condition #2 be revised to delete the following phrases:
"...his heirs, successors and assigns..."
"...fee simple or other interest..."
"...so as to fully conform to Section 18.56.040 (TMC)."
Mr. Morgan explained history of Tract 12 divisions and vacation of old 62nd
Avenue right -of -way.
6230 Southcenter Boulevard u Tukwila, Washington 98188 • (206) 242 -2177
Board of Adjustment Page 2
Minutes • 6 October 1977
Mr. Duffie questioned actual effect of Section 18.56.040. Mr. Crutchfield
explained how the restriction affects location of driveways, the purpose
of which is to ensure a minimum distance between driveways and thereby
preserve public safety.
Mr. Tom Kato, 15419 - 62nd Avenue South, stated he owns the adjacent parcel
to the north and that several surveys done over the past few years differ
on the actual location of the north property line of the subject parcel.
Stated he feels the applicant may have more or less frontage than he realizes.
Mr. Crutchfield explained that the legal description contained in the appli-
cation describes a parcel which abuts 62nd Avenue by a 25 -foot wide strip.
The location of this legal description on the ground does not change the
fact that the parcel only has 25 feet of frontage on the street.
Mr. Alan Keimig, architect for applicant, noted that recommended condition
#2 seems to preclude a future variance application.
Mr. Crutchfield explained that the balance of Tract 12 provides enough frontage
on 62nd Avenue to fully conform to Section 18.56.040.
Board members discussed the relevancy of the proposed use. Consensus of the
Board that the use characteristics of the proposed driveway are relevant to
the variance application and should be addressed. Generally, a use of this
land which would change the use characteristics of the driveway may decrease
the public safety on 62nd Avenue.
Considerable discussion ensued regarding the wording of the Staff's recommended
conditions.
Motion by Mr. Goe, seconded by Mr. Duffie and carried that in the event the
variance is granted the conditions recommended by Staff not be altered. Chair-
person Altmayer noted the Board should address whether or not the variance
should be granted before they consider conditions.'
Mr. Johanson noted the use of the property is an important consideration and
if this variance is granted it should address the proposed use.
Motion by Mr. James, seconded by Mr. Johanson and carried that condition #3
state the variance be in effect only as long as the principal use remains an
office building.
Motion by Mr. Goe, seconded by Mr. Duffie and carried that based on the Findings
and Conclusions of the Staff Report and testimony received during the public
hearing, the Board grant a variance to the subject parcel from Section 18.56.040
with the following conditions:
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.
CITY OF TUKWILA
PLANNING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
6 October 1977 8:00 P.M.
AGENDA ITEM IV A : PUBLIC HEARING - VARIANCE (Morgan)
REQUEST: VARIANCE from Section 18.56:040 to locate a curb cut closer
than twenty (20) feet to a corner property line.
APPLICANT: D. Bruce Morgan, 8732 - 138th Avenue S.E., Renton, Washington
LOCATION: A portion of Tract 12 of Interurban Addition to Seattle gen-
erally located approximately 250 feet north of Southcenter
Boulevard adjacent the west line of 62nd Avenue South in
Tukwila.
SIZE: Approximately 14,000 square feet
ZONE: C -1 (Neighborhood Retail)
VARIANCE
COMPREHENSIVE PLAN: Office (Recently adopted Plan)
FINDINGS:
1. The subject property is located north of Southcenter Boulevard and adjacent
the west line of 62nd Avenue South as depicted in Exhibit A.
2. Exhibit A also depicts the relationship of the subject property to adjacent
parcels and streets.
3. The subject parcel was segregated as an individual portion of Tract 12 in
May of 1959.
4. Exhibit B illustrates the proposed development in relation to property
lines of the subject parcel.
5. Section 18.56.040 (TMC) was amended by Ordinance #635 in August 1970 to
include the following provision: "edge of curb cut or access shall be no
closer than twenty feet from a corner property line, and more when required
by the City Supervisor for safe movement of vehicules or pedestrians."
6. The shape of the subject parcel is such that it is virtually impossible to
physically conform to Section 18.56.040.
7. The property situated immediately east of the subject parcel is zoned C -1,
vacant and under separate ownership.
8. The parcel situated immediately north of the subject property is zoned R -3
and supports a single - family residence.
Board of Adjustment Page 2
6 October 1977
Staff Report
9. The applicant proposes to provide a twenty (20) foot wide driveway separ-
ated from the north property line by a five (5) foot wide planting strip.
(SEE, Exhibit C)
10. The driveway to the parcel immediately north is located approximately five
(5) feet from the common property line. CPh4
11. The applicant's justification is contained in Exhibit D.
CONCLUSIONS:
Immediately following are Staff's conclusions as drawn from the findings enu-
merated above and with respect to the six (6) individual criteria set forth
under Section 18.72.010 (TMC).
I. The variance shall not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and in the
zone in which the property on behalf of which the application was filed is
located;
CONCLUSION: As depicted in Exhibit A, the subject parcel and, depending upon
the manner of development, the parcel situated immediately east, are both
shaped so as to preclude conformance to the driveway setback requirement of
Section 18.56.040 (TMC). Although the granting of a variance to surrounding
properties would likely not occur as there is no apparent special circum-
stance which precludes conformance on their part, the granting of this parti-
cular variance request is necessary to provide the only reasonable means of
ingress /egress for use of the property and therefore would not constitute a
grant of special privelege inconsistent with limitations on surrounding pro -
perties.
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: Accomodations for vehicular functions relative to the use of
land is inherent in any development in this vicinity. As illustrated in
Exhibit B and as noted in Finding #6, the shape of the parcel is such that
conformance to Section 18.56.040 is virtually impossible. Such a fact demands
a reasonable degree of relief from Section 18.56.040 in order to facilitate
any development of the particular parcel.
3. That the special conditions and circumstances do not result from the actions
of the applicant;
CONCLUSION: Since the subject parcel was legally segregated in its present
configuration and the segregation took place prior to the effective date of
the applicable restriction, the shape of the property is not a result of
actions taken by the applicant.
Board of Adjustment Page 3
Staff Report 6 October 1977
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: Potential injury to neighboring parcels is diminished by the
planting screen proposed along the north property line which will provide
a visual barrier for the single- family residence to the north. The public
welfare, vehicular and pedestrian safety in this particular case, may be
materially affected to a detrimental degree in the absence of the minimum
distance between driveways. However, this can be diminished through pro-
vision of a common access point used by this and future development of
Tract 12, thereby eliminating the need for the proposed driveway. Although
the Board may not require a neighboring property owner to provide access
to another parcel, it should promote such through conditioning the variance.
5. The authorization of such variance will not adversely affect the implemen-
tation of the comprehensive land use plan;
CONCLUSION: Granting of this variance will facilitiate the use of this
parcel, certainly consistent with the new Comprehensive Plan. Denial of
the variance will effectively preclude any development of the parcel, an
adverse effect to the implementation of the new 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.
CONCLUSION: Since it is virtually impossible to design a driveway which
conforms to Section 18.56.040 within the confines of this parcel and a
driveway is an essential element of any use of the property, denial of
this variance will effectively deny the most basic right of property owner-
ship, its use. Hence, the variance is necessary to preserve the owner's
right to use the land.
SUMMARY
The location of the subject parcel is such that access to it may only be gained
from 62nd Avenue South and the parcel's configuration is such that it is virtually
impossible to design a driveway within the property's boundaries which conforms
to Section 18.56.040. Hence, the necessity of the variance is unquestioned.
The conditions of the variance, however, are important in terms of assuring the
public welfare is not materially harmed and neighboring properties are not in-
jured. The applicant has proposed a planting screen along the north property
line to buffer the single - family residence. Yet future development of the re-
mainder of Tract 12 may provide an opportunity to eliminate the necessity of the
driveway for which this variance is requested. To that end, a condition which
reflects that goal should be included as a part of the variance.
Board of Adjustment
Staff Report
C
RECOMMENDATION:
Based upon the Findings and Conclusions contained in this Staff Report and
testimony received during the Public Hearing, Staff recommends the Board grant
a variance from Section 18.56.040 of the Tukwila Municipal Code 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.
(A condition which Staff deems necessary requires revision by the City Attorney
to ensure its usefulness and will be offered to the Board at the meeting.).
114. 44 'lev A v ititY
Page 4
6 October 1977
pgoJ Ecr 51
10
NNrK.urK >& t3t►
70 SEA - .e. ,
e l:1j -44
J
FLI‘
lb 0
1Co
443.8
- No
EXHIBIT "A"
VARIANCE (Morgan)
6 October 1977
Keim Architects
planners
314 • 114.6.1 Mt ..... ,.....1..1W03 17001 434.0333
EXHIBIT "B"
VARIANCE (Morgan)
6 October 1977
L 11.7 1 1 t
•
•
3
g
=
Keirnig/ architects
&planners
no • 51...1 or‘ 14000 /10 •30.3223
EXHIBIT "B"
VARIANCE (Morgan)
6 October 1977
Z C 7
1 7 47 I f sun
Tim
..y,ra
--T
014
it'
174--- 34;1 - 31 - 114 -
911 ery — • --•
'17t .Qq •
Cti
2S1
— ..1‹, • —
•
_ _ •
wan ktirein -
4 9. .2.16iPine.stED02 TrItk
--* ;
1 .-••••••-••-..-rs`. _ „
• •
rsami
ATTACHMENT FOR VARIANCE REQUEST
This variance is necessary in order to provide access to the sub -'
ject land parcel and promote its development. The development
of this parcel will provide beautification of the north slope
bordering Southcenter.Boulevard. The intended use of the property
will provide incentive to other developers to provide office
building space along the north slope. The essence of this variance
is to request a 20 foot roadway along the legal boundaries of the
property which would provide adequate access. A five foot planning
strip will be provided along the north side of the access to screen
the approached to the surrounding R -3 residential properties. The
existing land parcel is a legal lot, however, it does not presently
provide the access requirements under the existing Tukwila regula-
tions. The granting of the variance will not subject the surrounding
properties with an adverse impact. The intent of the existing
Tukwila regulations, further, will not be hampered by the granting
of this variance as the developer intends to lessen the impact
'created by the variance with the planting strips and will enhance
the value of the north slope as an office center. The development
will in effect increase the visual aspects of the north slope by
doing away with the existing blackberry vines and replace them with
the visual pleasing development.
EXHIBIT "D" .... .
VARIANCE (Morgan)
6 October 1977
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 then access to all portions of
Tract 12 will be revised so as to fully conform to Section 18.56.040 (TMC).
RECOMMENDED CONDITION FOR
ATTACHMENT TO VARIANCE FROM
SECTION 18.56.040 (MORGAN)
(7
LANDSCAPING AND MAINTENANCE AGREEMENT
WHEREAS, the City of Tukwila, a municipal corporation,
herein referred to as "City" received by deed from the State of
Washington certain excess right -of -way property lying northerly
of Southcenter Boulevard (formerly Renton -Three Tree Point Road
or Secondary State Highway No. 1 -L) and westerly of relocated
62nd Avenue South; and
WHEREAS, the City desires to retain ownership of the excess
right -of -way property as a means of controlling commercial access
to Southcenter Boulevard and as a means of establishing and
preserving a greenbelt area along Southcenter Boulevard for the
permanent use and benefit of the City; and
WHEREAS, the City has no funding presently available to
develop or maintain greenbelt landscaping on the excess right -of-
way property; and
WHEREAS, Erwin W. Steinle, Phyllis Jo Steinle, Gary W.
Scott, Susan J. Scott, D. Bruce Morgan and Barbara J. Morgan,
herein referred to as "Developers" as owners and developers of
certain property contiguous to a portion of the excess right -of-
way property are willing to design, construct and install certain
landscape improvements on a portion of the excess right -of -way
property and to deed and dedicate those improvements to the City
and to thereafter maintain and preserve them for the benefit of
the City; now, therefore,
It is mutually agreed as follows:
1. City grants to Developers a limited right of entry upon
that portion of the excess right -of -way property more fully
described on Exhibit "A ", attached hereto; incorporated herein by
this reference and herein referred to as "slope property." Said
right of entry shall permit non - exclusive entry upon the slope
property by Developers and their agents as necessary and conve-
nient during the term of this agreement and any extensions hereof
for the construction, installation and maintenance of landscape
improvements to be planted and installed thereon by Developers in
accordance with plans and specifications as provided in Para-
graph 3 hereof.
2. City expressly reserves the right of entry upon the
slope property and the right to devote so much of the slope
property as it deems necessary or desirable to any public use,
including highway or related uses; provided, in the event the
City causes the landscape improvements to be altered or damaged
by the actions of the City, the City shall have the option to
repair the improvements at the expense of the City or to relieve
Developers of any further obligation with respect to the altered
or damaged areas.
3. Developers agree to promptly and diligently undertake
to complete the landscape improvements on the slope property in
accordance with generally accepted horticultural practices and
with the schedule and plans and specifications to be prepared by
Developers at their sole expense and approved by the Public Works
Director or his authorized representative and when so approved to
be incorporated herein by this reference. The City shall accept
a transfer and conveyance of title to all improvements from
Developers when completed. The Developers may submit, at their
own expense, an appraisal reflecting the fair value of the improve-
ments so transferred and, if requested, the City shall provide
Developers with reasonable written verification of the value of
said improvements. Developers agree to keep the slope property
and all improvements thereon free and clear of any and all liens
or claims of lien and to provide the City lien waivers or other
satisfactory evidence of compliance with this paragraph.
4. Developers agree to maintain the landscape improvements
in accordance with generally accepted horticultural practices,
and to donate, without cost to the City, all their labor and
costs in doing so for a term of ten years. This agreement shall
be automatically extended for a like term of ten years unless
this agreement is earlier terminated by mutual agreement of both
parties, and subject to thirty days' notice prior to termination.
5. All obligations of Developers shall be deemed covenants
running with and binding upon the land of Developers which is
more fully described as follows:
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 por-
tion thereof deeded to the State of Washington for
highway purposes under Auditor's File No. 5473600.
and shall be binding on Developers' heirs, successors and assigns.
2
6. This agreement shall be effective upon issuance of the
footings and excavation permit to Developers for construction on
the property described in Paragraph 5 above and the mutual approval
of schedule, plans, and specifications described in Paragraph 3
above; provided, Developers' obligations shall be suspended
during any period of delay in issuance of any necessary construc-
tion permits or approvals relating to work on the slope property
or the property described in Paragraph 5 above. The initial
landscape improvements shall be completed in accordance with
approved plans and specifications before a final occupancy permit
will be issued.
7. Developers agree to indemnify and to hold the City
fully harmless from any occurrence, loss or damage caused by or
arising as a result of Developers' landscape construction,
maintenance or occupancy of the slope property. Developers agree
to promptly stabilize and restore any slides, failures or siltation
from the slope property unless caused by actions of the City
pursuant to its reserved powers in Paragraph 2.
8. Developers agree to carry and maintain at their sole
cost and expense, public liability and property damage insurance
with personal injury liability insurance limits of not less than
$500,000 per person /per occurrence insuring against any and all
liability of the Developers or the City with respect to the slope
property and landscaping thereon or arising out of the construc-
tion, maintenance, use and /or occupancy thereof, and property
damage liability insurance with a limit of not less than $200,000
per accident or occurrence. All such bodily injury liability
insurance and property damage liability insurance shall specifi-
cally assure the performance by Developers of the indemnity
agreement contained in Paragraph 7 hereof. Developers' obligation
to carry the insurance provided for herein may be brought within
the coverage of a so- called blanket policy or policies of insurance
carried and maintained by Developers; provided, however, that the
City shall be named as an additional assured thereunder as its
interest may appear. Developers agree to file a true and accurate
original copy of said policy and renewals thereof with the City
Clerk.
9. City makes no representations or warranty as to the
condition of the soil, stability of the slope property, etc. and
Developers have not relied upon any such representation. If,
however, it should prove to be practicably impossible to complete
the improvements in accordance with the schedule, plans and
specifications as set out in Paragraph 3, due to the weather,
soils conditions or other geological conditions encountered on
the slope property, this agreement shall not be terminated but
3
the parties shall re- negotiate, within 60 days, new schedules,
plans and specifications which are not unreasonably more expensive
to complete or maintain and such substitute plans shall be adhered
to by Developers. During the period of re- negotiation, before
the new schedule, plans and specifications are approved, Devel-
opers' obligation to maintain, stabilize, preserve, protect and
restore the slope property shall continue and if no new agreement
can be reached or if it is not feasible to complete the project
in any form due to adverse weather, soils condition or other
geological conditions encountered, then Developers' further
obligations hereunder may be relieved and discharged, but only
after Developers have stabilized, preserved, protected and restored
the slope property to its former natural contours, grades, ground
cover and condition.
DATED: March , 1978.
DEVELOPERS
-Erwin W. Steinle'
Phyllis Jo Steinle
// r 1
Gary /W. Scott
usan J.
D. Bruce Morgan
Barbara J. Morgan'-'
CITY OF TUKWI LA A C �J
By
Mayor
•
City Clerk
4
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
On ✓ 6 , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commission-
ed and sworn, personally appeared ErI ro r D. ria. r t c and
Mrx /ir► e, c erso h , to me known to be the J Mayor and City Clerk,
respectively, of the City of Tukwila, the municipal corporation
that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute the said instru-
ment and that the seal affixed is the corporate seal of said
corporation.
WITNESS my hand and official seal hereto affixed the day and
year, in .this certificate above written.
.\ 1 •
STATE�Or WASHINGTON )
ss.
COUNTY y '0F K I N 0 )
Y'
On . .;,c. /. , 1978, before me, the undersigned,
a Notary Public in and for the State of • Washington, duly com-
missioned and sworn, personally appeared Erwin W. Steinle,
Phyllis Jo Steinle, Gary W. Scott, Susan J. Scott, D. Bruce
Morgan and Barbara J. Morgan, to me known to be the individuals
described in and who executed the within and foregoing instru-
ment, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein
mentioned.
5
j 4e.4 74-
(Notary P7Sblic residing/At Au bum
WITNESS my hand and official seal hereto affixed the day and
year in this certificate above written.
. i
Notary Public residing at
•
•
That portio
Seattle, ac
ume 10 of p
ton lying
No. 1 -L as
the City of
recorded Nov
tor's file
thereof.
EXHIBIT A
of Tract 12, Interurban Addition to
ording to the plat recorded in Vol-
ats, page 55, in King County, Washing-
ortherly of Secondary State Highway
onveyed by the State of Washington to .
ukwila by deed dated November 23, 1976,
mber.30, 1976, under King County Audi -
o. 7611300924, less the east 100 feet
•
TEMPORARY CONSTRUCTION EASEMENT
The City of Tukwila, a municipal corporation, Grantor, for ••
valuable consideration, in hand received, hereby grants to
Erwin W. Steinle, Phyllis Jo Steinle, Gary W. Scott, Susan J.
Scott, D. Bruce Morgan and Barbara Jean Morgan, Grantee, a tempo-
rary construction easement over, under and across that real
property located in the City of Tukwila, King County, Washington,
more fully described in Exhibit,A, attached hereto and incorporated
herein by this reference.
This easement is granted for the purpose of allowing construc-
tion access to Grantee while:
1. Installing a sanitary side sewer and storm water drain
from the Grantee's property, being a portion of Tract 12, Inter-
urban Addition to Seattle, in King County, Washington to the
northerly margin of Southcenter Boulevard;
2. Constructing an office building on said portion of
Tract 12 owned by Grantee; and
3. Constructing and installing landscape improvements on a
portion of the easement property pursuant to separate written
agreement of the parties.
Grantor expressly reserves the right to approve in advance
the nature and type of equipment which may be allowed to enter
upon the easement property.
Grantee covenants and agrees to restore the entire easement
property to the former natural contours, grades and condition
before construction or better save and except for landscaped and
improved areas.
Grantee agrees to indemnify and hold the Grantor fully
harmless from any occurrence, loss or damage caused by or arising
as a result of Grantee's use of this easement.
:'.:. .� ..
This easement shall terminate upon the earlier of 12 months
following date of execution or issuance of certificate of occupancy
and acceptance of landscape improvements by the Grantor.
DATED: March 6 , 1978.
"' ,
CITY OF TUKWILA
By
B
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
On larc.h , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commission-
ed and sworn, personally appeared - J oar I ) . 8a L . , L and
Maxine. And to me known to be themeMayor and City Clerk,
respectively, of the City of Tukwila, the municipal corporation
that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute the said instru-
ment and that the seal affixed is the corporate seal of said
corporation.
WITNESS my hand and official seal hereto affixed the day and .
year in ,this, certificate above written.
r ' ' :� �- ' Notary pubric residin) t flu burn
2
�D
City Clerk
Mayor
•
}
L' •
1 •
M ;
• purposes and are conveyed pursuant to the provisions of RCW 47.12.070.
Dated at Olympia, Washington, this .4P 3 6 ' " day of /J /D u -•-►.1- ,
1! /, ‘.
7611300924
NOV 301976
IN THE NATTER OF SR i (PSH No. 1), South 178th St. to South 126th St.,
SR 405 (PSN No. 1), Creen River interchange. and SR 405 (PSH No. 11.
Jct. SSH No. 2 -N to Jct PSH So. 2 is Renton (Turnbarks).
V(OW ALL KEN BY THESE PRESENTS, that STATE OF WASNINGTOH, for
and in considerstlon,of NL?VAL BE::EFLTS and In accordance with that
Certification dated the 1st day of July, 1966, hereby conveys and quitclaims
unto THE CITY or TD[W1LA, a municipal corporation of the State of Washington,
811 it• right, title and interest. in and to the follcving descrtbed
real property situated in king County, State of Washington:
• Those portions of the former right of way of State Highway Route
405 (PSH No. 1), as said right of vav existed prior to January 70,
1962, together with widenines appurtenant thereto. and those portions
of the A Line right of way and of the H Line right of way. all
shown hatched on Exhibit "A ", being sheets 5 and 6 of 21 sheets of
that certain map of definite location entitled SR 5 (PSH No. 1), .
South 178th St. to South 126th St., sheets 1 and 2 of 4 sheets of
that certain tap of definite location entitled SR 405 (PSH No. 1),
Green River Interchange. and sheet 1 of 10 sheets of that certain
• map of definite location entitled 5R 405 (PSH No. 1), Jct. SSH No.
2 -11 to Jet. PSH No. 2 in Renton, attached hereto and by this reference
gads • part hereof.
.Th• lands herein described are not required for State highway
APPROVED AS TO FORM:
ly:
art
! T A T or WASHINc.TON
H I G H W A Y . C O M M I S S I R D E E r!
istant Attorney General
• CYty of Tukwila
: • =' •
DEVELOPER'S AGREEMENT U
1
'
THIS AGREEMENT, dated this S day of February, 1978, by
and between the CITY OF TUKWILA, a municipal corporation (herein-
after referred to as "City ") and D. BRUCE MORGAN and BARBARA JEAN
MORGAN, GARY W. SCOTT and SUSAN J. SCOTT, and ERVIN W. STEINLE and
PHYLLIS JO STEINLE (hereinafter referred to as "Owner ");
W I T N E S S E T H:
WHEREAS, Owner is the owner of a parcel of real property
located within the boundaries of the City of Tukwila, Washington,
more particularly described as:
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 number 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 purposes under
Auditor's File Number 5473600.
WHEREAS, Owner petitioned for a variance from Section
18.56.040 of the Tukwila Municipal Code (T.M.C.) to locate a curb
cut closer than twenty feet to a corner property line for purposes
of constructing a driveway for ingress and egree to his parcel;
and
WHEREAS, City, through its Board of Adjustment, granted a
variance from Section 18.56.040 T.M.C., subject to the following .
stipulations:
ci
2
•
(1) That a "planting strip" 5 feet in width be provided
parallel and adjacent to the north property line and planted so as
to provide a dense visual screen, subject to approval of the
Planning Department to insure safe vehicular and pedestrian
movement;
(2) That Owner enter into a Developer's Agreement with the
City to provide that in the event Owner, their heirs, successors
or assigns acquire fee simple or other interest in the balance of
Tract 12, Interurban Addition to the City of Seattle, access to
Owner's parcel be modified to comply with the requirements of
Section 18.56.040 T.M.C.; and
(3) That the variance continue only so long as the principal
use of the parcel remains an office building.
NOW, THEREFORE, in consideration of the terms and conditions
herein contained, the parties hereto covenant and agree as
follows:
1. Owner warrants that it holds title to• the above -
described property hereinafter referred as "property ", and that it
has a right to enter into this agreement.
2. Owners petitioned for a variance from the provisions of
Section 18.56.040 T.M.C. to enable them to locate a curb cut and
driveway closer than 20 feet to the corner property line at the
intersection of said property with 62nd Avenue South.
3. The City's Planning Department and the City's Board of
Adjustment, after detailed review of the location and geography of
~.
the Owners' property and of the physical problems of locating
access to the subject parcel, and cognizant that the proposed use
of the property is compatible with the use set forth in the City's
Comprehensive Land Use Policy Plan, determined that the variance
should be granted subject to the stipulations recited above.
4. Owner and City, in consideration thereof and for so long
as this variance remains in effect, hereby covenant, bargain and
agree to the following conditions on their own behalf and on
behalf of their heirs, successors and assigns:
(a) The ingress and egress to the property from 62nd
Avenue South shall not be considered a "private access road ", as
that term is defined in Title 17 T.M.C.
(b) To the extent reasonably practicable, the easterly
100 feet of said property shall be improved with asphalt or con-
crete surface not more than 20 feet in width and not less than 16
feet in width as measured from the southerly property line north-
ward. If necessary to retain the bank to the north, a rockery or
other suitable style of retaining wall or •structure shall be
constructed in the area between the improved driveway surface and
the north property line. Within the remaining area northerly of
the rockery or other retaining wall and the north property line,
or within the north five feet of said easterly 100 feet of the
subject property, if no rockery or retaining wall is necessary,
4
Owner agrees to plant and maintain a planting strip with or with-
out a fence so as to provide a dense visual screen consistent with
standards established by the Planning Department with due regard
for vehicular and pedestrian safety and aesthetics. If it is not
feasible to plant and maintain the planting at the top of the
rockery or retaining wall within the north 25 feet of the easterly
100 feet of said Tract 12, Owner shall submit suitable alterna-
tives such as making arrangements for planting a suitable hedge on
the property lying immediately north of Tract 12.
(c) As an interim measure, the rockery /planting area
shall be allowed to terminate at its eastern terminus as far west
as 20 feet westerly of the existing western edge of 62nd Avenue
South and within the remaining 20 feet the drive shall be permit-
ted to serve as a common driveway for this property and the
southeasterly portion of Tract 11. Upon any improvement or
alteration in the use of said portion of Tract 11, the rockery/
planting area shall be promptly extended by owners to the margin
of 62nd Avenue South, consistent with the standards established
pursuant to subparagraph (b) of this paragraph.
(d) In the event Owners acquire any right, title or
interest of any nature, whether direct, indirect or beneficial, in
the east 100 feet of Tract 12, Interurban Addition to Seattle,
less the north 25 feet thereof and less that portion thereof
previously deeded to the State of Washington for highway purposes
sufficient to allow and authorize Owner to relocate its driveway
(exclusive, however, of any interest so limited or temporary as
not to support any right to permanently relocate a driveway on the
remainder of said Tract 12 such as a temporary construction
easement, a leasehold interest of less than three years or utility
easement) then Owner shall relocate the curb cut and driveway at
the margin of 62nd Avenue South so as to conform with the appro-
priate provisions of T.M.C., in effect at that time including but
not limited to Section 18.56.040 T.M.C. as now provided or as
hereafter amended. Any portion of the driveway at the margin of
62nd Avenue South required to be abandoned by the relocation of
said curb cut shall be restored, landscaped and maintained at
Owner's expense.
(e) At such time as Owner shall acquire any such
interest in the remaining portion of Tract 12 of Interurban
Addition of Seattle as above described, Owners shall have six
months from the date of acquisition of said interest to relocate
the curb cut to comply with the provisions of the laws of the City
of Tukwila. The City has the option, at its sole discretion, to
extend this deadline for six months for cause upon written request
by Owner.
(f) The Owner shall give City notice in writing of
acquisition of any interest in said remaining portion of Tract 12,
Interurban Addition to Seattle within thirty (30) days of
acquiring said interest.
5. The variance granted by the Board of Adjustment and
incorporated in this agreement shall be in effect only as long as
the principal use for Owners' property is an office building.
5
CITY OF
,�
By 45
Mayor
6. Owners agree to cause this agreement to be recorded in
the office of the King County Department of Records and Elections
at their cost and the covenants herein shall be deemed to be
attached to and run with the land and shall be binding upon the
Owners, their successors, heirs and assigns.
7. The City may institute and prosecute any proceedings at
law or equity to enforce this. agreement. The court may award
reasonable attorney's fees to the prevailing party in any such
proceeding.
8. Nothing in this agreement shall be construed to vary the
building lot line, set -back requirements or landscaping
requirements applicable to the remaining portion of the property.
9. In the event any covenant, condition or restriction
hereinabove contained or any portion thereof is invalid or void,
such invalidity or voidness shall in no way affect the other terms
and conditions hereof.
ILA 6041
t
By //r� �. (Z?
City Clerk
APPROVED AS
6
OWNERS:
D. BRUCE MORGAN
BARBARA JEAN MORGAN''
SUSAN J: SCOTT
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
On March , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly com-
missioned and sworn, personally appeared Edgar t). 3aucli and
jv e x i h e_ Ana , to me known to be The mayor and clerk,
respectively, of The City of Tukwila, the entity that executed
the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said entity for
the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute'the said instrument and that the
seal affixed is the seal of The City of Tukwila.
WIr$ESS•,my hand and official seal hereto affixed the day
and year .ii';this certificate above written.
"''I
.Notary iblic siding at /�u bu r r
STATE OF•wA$HINGTON )
' r .'.,1 ,�•,,, '' ) ss.
COUNTY't+"+OF' K I N G )
On .. ,dru _ -�_ S , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared D. BRUCE MORGAN, BARBARA JEAN MORGAN,
GARY W. SCOTT, SUSAN J. SCOTT, ERVIN W. STEINLE and PHYLLIS JO
STEINLE, to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that
they signed the same as their free and voluntary act and deed, for the
uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and
year in this certificate above written.
Not Public residing atca ; _e4447
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
TTerri
ss.
n 11 r` h being first duly sworn on
oath, deposes and says that t h e is the C ' i e f Clerk of
THE RENTON RECORD - CHRONICLE, a newspaper published four (4)
times a week. That said newspaper is a legal newspaper and it is now and
has been for more than six months prior to the date of publication referred
to, printed and published in the English language continually as a news-
paper published four (4) times a week in Kent, King County, Washington,
and it is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper. That the Renton
Record - Chronicle has been approved as a legal newspaper by order of the
Superior Court of the County in which it is published, to -wit, King County,
Washington. That the annexed is a T O t i c e of Public
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of consecutive issues, commencing on the
.2. day of
2 Cc tnl'?er %7
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 $12 • 1 t; 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
rc11ober• 197
V.P.C. Form No. 87
Notary P
2
19.7 7 , and ending the
Chief Clerk
day of
and for the State of Wasington,
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.
I, Gary Crutchfield
notice requirements of
filled and a notice has been
Alan F. Black
P.O. Box 70628
Seattle, WA 98107
Frank E. Todd
14446 - 59th Ave. So.
Tukwila, WA 98168
Tom.Kato
15419 = 62nd Ave. So.
Seattle, WA. 98188
Michio Kato
9324 - 39th South
Seattle, WA 98118
Trueman Schilling
19640 S.E. 149th St.
Renton, WA 98055
1977.
Notary Public in and for the
of Washington, residing at
AFFIDAVIT
Subscribed and sworn to before me this vS
being duly sworn, hereby declare that all legal
Title 18 have been ful-
mailed to each of the following addresses.
Forrest E. Hammons
7738 Eward Park So.
Seattle, WA 98118
Tony S. Kato
133 South 168th
Seattle, WA 98148
Horst Ehmke
10613 DesMoines Way So.
Seattle, WA 98168
Atlantic Richfield Co.
Juarco Corp.
P.O. Box 2679
LosAngelas, CA 90051
CITY OF TUKWILA
NOTICE OF PUBLIC HEARING
6 October 1977
(date) (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 a VARIANCE from Section 18.56.040 (Distance of
curb cut from property line) of the Tukwila Municipal Code. The requested
variance would allow the location of a driveway within five (5) feet of the
side property line on a parcel of property generally located 250 feet north
of Southcenter Boulevard adjacent the west line of 62nd Avenue South in Tukwila.
All interested persons are encouraged to appear and be heard.
For further information please contact Gary Crutchfield at 242 -2177.
Published in the Renton Record - Chronicle on
. Gary Crutchfield, Secretary
Tukwila Board of Adjustment •
21 & 28 September 1977
20 September 1977
Sincerely,
Gary Crutchfield
Assistant Planner
GC /ch
Attachment
Please find attacheda copy of Public Notice intended to inform .
you of the pending action of the Tukwila Board of Adjustment.
You, as a nearby property owner, may attend the meeting and /or
present written comments to either the Board of Adjustment or .
this office for entry into the official record.
Should you desire additional information, please contact me at
242 -2177.
8K800 R dir+
•... .. • .
I, D. 13K4 C. p Imo m -4w , 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 nar.knowledge and
belief.
Subscribed and sworn before me
this RA-day of S
AFFIDAVIT
07211-tA.asl tib , �,�,...
(Signature of Contract haser or owner)
8,2.- 138 sE .
Ma.i 7 jng Address)
City
aA& -4
(Telephone)
Public in and for the State of Washington,
residing at
State
Form C
4--
2goJ L1 Si-r5 �_ -- -
t
141.054
{Nr I OK N Pt
-ro
413,
t I h
Nog.-(I� ,V
Lot #16
Alan F. Black
P.O. Box 70628
Seattle, WA 98107
Lot #15
City of Tukwilla
Lot #11
Frank E. Todd
14446 59th Ave. S.
Seattle, WA 98168
Lot #11
Tom Kato
15419 62nd Ave. S.
Seattle, WA 98188
Lot #11
Michio Kato
9324 39th S.
Seattle, WA 98118
Lot #12
Trueman Schilling
19640 S.E. 149th St.
Renton, WA 98055
Lot #12
Forrest E. 1-lamnons
7738 Eward Park S.
Seattle, WA 98118
List of adjacent Property owners
Interurban Addition to Seattle
i ATO
S ilt$
GUAs4 . 16 tag
LOT 0-(1
t4 M I( -t 14o- r'
IO67(3 t 0/tombs \NAI 501
Stec 1tE W45“. 9Mee
520oKU(W3 6 N)D(vpq
61, G l ICAr-(CTLf7 619,
J UA2co Go2P,
�? 0 (30x 26
Las AN4ELes 9aos
ATTACHMENT FOR VARIANCE REQUEST
This variance is necessary in order to provide access to the sub-
ject land parcel and promote its development. The development
of this parcel will provide beautification of the north slope
bordering Southcenter Boulevard. The intended use of the property
will provide incentive to other developers to provide office
building space along the north slope. The essence of this variance
is to request a 20 foot roadway along the legal boundaries of the
property which would provide adequate access. A five foot planning
strip will be provided along the north side of the access to screen
the approached to the surrounding R -3 residential properties.. The
existing land parcel is a legal lot, however, it does not presently
provide the access requirements under the existing Tukwila regula-
tions. The granting of the variance will not subject the surrounding
properties with an adverse impact. The * intent of the existing
Tukwila regulations, further, will not be hampered by the granting
of this variance as the developer intends to lessen the impact
created by the variance with the planting strips and will enhance
the value of the north slope as an office center. The development
will in effect increase the visual aspects of the north slope, by
doing away with the existing blackberry vines and replace them with
the visual pleasing development.
Tract twelve (12), Interurban addition to Seattle, according to plat thereof
recorded in volume 10 of Plats, page 55, records of fling County, lying .
northerly of secondary State Highway no. 1; less that portion of the easterly
one hundred (100) feet of said Tract 12 lying south of the north 25 feet
thereof; less that portion of said tract 12 previously conveYed to the State
of Washington by deed dated July 26, 1962, recorded August 30, 1962 under
Auditor's file no. 5473600.
F'Oil OFFICE USE ONLY
Appl_ . No.
Receipt No,.
Filing Date
Hearing Date
A PPI. I CA T Oar FOR VA.9 LAJ'!CE
Planning Commission Action
City Council Action
Ordinance No & Date
APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY:
Name Ken Pearson, Bruce Morgan Address Suite 222 Airport Center Bldg.
18(,01 Pacific Highway S., Seattle, WA Telephone Noe 248-0325
Property Petitioned for variance is located on 62nd Ave. S. and Southcenter Blvd.
between and
Total square footage in property 13963.5 square feet
LEGAL DESCRIPTION OF PROPERTY lot 12 Interurban Addition to Seattle
Existing Zoning C -1 - ' -
What are the uses you propose to develop on this property.
office building_ 5 000 square feet t
Form B
Number of permanent off-street parking spaces that will be provided on property?
19 Number required 16
NOTICE TO APPLICANT: The following factors are con -
sidored 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 b&• made to screen adjacent•, and surrounding property from ruiy
imcompat:i.ble effects which may arise as a result of the proposed lshd use classification
The side yeards will be planted with screen plants Photinia Fraser. @ 5' o.c.
...w - , ._._.. .,
2. What provisions will b0 made to provide for necessary street widening td'City
minimum standards? Access will be provided on the existing portion of the property
which exists onto 62nd Mr. "Sr: The access requires a variance "" —
3. What provisions will be for adequate sewer and water service? •1'ne e e opeT
• will work with the city engineering de22.11Tent to assure adequate utilities.
4, Any other comrnenLs which the petitioner feels are appropriate': The development
of the parcel will be beneficial to the beautification of the north portrait of
Southcenter Blvd.
5. Whnt, hardship exi.5t.:i making this variance necessary? TTe Property is a ax
parcel and does not have an access which meets the current cods. The adjacent
' prel i;i ty is not` avai la ire for Staining an access w eTi meets the present
- reniiirrnen�".s``oF'�Tie "`Ciity of"'I'ixTcwi'la.
y I ! 9 z rY4
1st 'ZiaLtra)+UlT N; o000j
section bb
section aa
keimig
tukwila park plaza
entry drive variance
•
• , c• y'
4tv 4—
L4 • .1 s • ••,, orit. ...‘ nts. 40ft'aiSti'sint Eft: al ..,
•
-1 4
'•••f?
• -
,1‘ •••4 k,,•••3,•• ••••- •'.
.;•114 •
orms.........moskorareartcomoras..9611,e.
• q;•
[ frovp-Win
3 7
oc 6Z 64 LZ 9Z CZ VZ CZ ZZ I o GI 131 GI 91 SI VI 'CI El U t..
. 11111111116111111111111111111111111111111111911,11
FLE
, • , • , ,••!i?a , !!•1::;: - y,..
• • , • , ..„.
''•••:r; •
X
•
IFTHIS MICROFILMED DOCUMENT IS LESS ;
CLEAR THAN THIS NOTICE, IT I S DUE TO
! THE QUALITY Y OF THE ORIGINAL DOCUMENT
:•!•.; :1: • .! !•••;
•
;.'Lit
P .i
.1.61 , f.4117,15417.g.:,69.7.P.:57
, , ...
I - 1 1 1 1 10 1 0 1 1 1 PINIPPOIVIVIWPF1 1 1 1 1 1 1 1 1 1 1 1 01 1 1 1 [ 1 1 1 10 1 f4q 4 01HTIWIY1 1 1 1 1 1 11 1 1 1 4ArrilltqCrirR
3 4 5
FLEXIOLS nuan• 302 AwaTruzsv.
oc 6 O. Le 9e Se la Ce ee le OZ 61 el LI 91 SI VI 'El 21 II 011
IIIIIIIIIIIIIIIIIIII6111111111111111111101111,1111111111111111111111411110110111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111,111111111111111111111111111111111110111111111j1k
ir
24x
'.1•••••:•••:..
C IF THIS MICROFILMED DOCUMENT IS LESS
LEAR THAN THIS NOTICE, IT IS DUE TO '
THE QUALITY OF THE ORIGINAL DOCUMENT
, • •. • .,•• ;111 .1•,,i1.1 •• •, ,i1/6,•O'N"
,,, „ • . • Firlr,,i167.7itiarAIWIEFITN1
. 1 ii;AY • " • - 4,
' • • s`,.--r
•
r
•
)6214,),Fa
.. •
[ITV
3
EC3
6 7
o e sa Od LZ 9Z CZ VZ CZ EZ M OZ 61 91 M 91 M 'CI M II OL.
Tarr'
•
-nut, eopATA PUNS PIRE"
11
)119 s 741 11
4
. 011W
..•
Nt '
• ,
;
•
S •i15
' , IF THIS MICROFILMED DOCUMENT IS LESS
I
CLEAR THAN THIS NOTICE, IT IS DUE TO I
' THE QUALITY OF THE ORIGINAL DOCUMENT
JP•
r .. .
rsicuktei sTLEIL
rJarNI f ru.sitt
134,.
•
' I •
• • :•_
, •
T ao . • - • :
. • I566K 4.INS - -‘
7 Nr! erz.ot*N• •••;
•
•
RkVI$IONS.