HomeMy WebLinkAboutPermit 75-08-V - OTTO KLEIN - WEST COAST TRUCK LINES EXTENSION VARIANCE75-08-v
4600 south 134th place west coast truck lines VARIANCE
PARKS
fit CRF AT ION
8 April 1977
Dear Mr. Klein:
Sincerely,
Gary Crutchfield
Assistant Planner
GC /cw
cc: Mayor
Dir, OCD
Bldg Off
Churn, Bd of Adj
Mr. Otto Klein
4600 South 134th Place
Tukwila, Washington 98168
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
The Tukwila Board of Adjustment, at its regular meeting conducted 7 April
1977, considered your request for extension of the time period attached to
your variance granted 3 April 1975 to allow the location and use of a
trailer for residential purposes.
The Board, upon due consideration of all information presented at the
meeting, denied the request for extension, declared the variance null
and void, and ordered the trailer removed from the premises within thirty
(30) days from date of the denial.
The Board also formally stated, by motion, that you, as applicant, main -
tain the right of appeal to a court of competent jurisdiction for a period
of thirty (30) days from date of the action.
Please be advised the date of both actions is 7 April 1977; hence, the
thirty (30) day period for either action ends on 7 May 1977.
6230 Southcantcr Boulevard o Tukwila, Washington 98188 la (206) 242 -2177•
5,
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CITY of TUKWILA
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
0210 Sout i rIt.r $nulo u Tukwila, Washington 90188 as (206) 242 -2177
4
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
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.
Chairperson Altmayer recessed the meeting at 9:45 P.M.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Page 3
7 April 1977
ZMIIWMWeeMMmoviceemedemsomumioname
CITY OF TUKWILA
PL.ANNING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
7 April 1977 8:00 P.M.
AGENDA ITEM IV A : REQUEST FOR EXTENSION: VARIANCE-WEST COAST TRUCK LINES
REQUEST: Extension of Variance
APPLICANT: Otto G. Klein, West Coast Truck Lines
LOCATION: 4600 South 134th Place
ZONING: M -1 (Light Industry)
COMPREHENSIVE PLAN: Industrial
Mr Klein requested and was granted a variance in April 1975 to locate and
use a trailer for residence purposes for one (1) year. Mr. Klein requested
and was granted a one -year extension of that time period to expire on 1
April 1977. Mr. Klein has again requested an extension of the time period
for the variance.
FINDINGS:
1. The variance, originally granted 3 April 1975, was granted on the basis
that the primary use was temporary and that construction of a permanent
residence for security purposes was unreasonable if the primary use was
in fact temporary. (SEE, Exhibit "A ")
2. The one -year extension, granted in May 1976, was granted essentially to
provide a reasonable period of time for Mr. Klein to provide security in
conformance with the Tukwila Municipal Code (TMC). (SEE, Exhibit "B ")
3. Mr. Klein offers the rationale that the property owner from whom he leases
is not interested in providing residential facilities which conform to the
TMC. (SEE, Exhibit "C ")
4. Mr. Klein asserts that no alternate methods of security are available.
(SEE, Exhibit "C ")
5. Mr. Klein states his operation is unable to find available and adequate
facilities in Tukwila to relocate. (SEE, Exhibit "C ")
Board of Adjustment
Staff Report
CONCLUSIONS:
1. The variance was originally granted on the premise that the primary use
was temporary and the extension granted until 1 April 1977 was intended
to provide Mr. Klein with a reasonable period of time to resolve his
conflict with the TMC.
2. The provision of residential facilities in conformance with the TMC is
not, in this case, the property owner's problem but rather, is Mr. Klein's.
Hence, the reluctance of the property owner to provide appropriate resi-
dential facilities is irrelevant to this matter. Moreover, any person's
reluctance to comply with any law is hardly a basis on which to grant a
variance to condone such non - conformance.
3. Alternate methods of security are apparently dismissed by Mr. Klein as an
inhibition to the operation of his facility. An alternative not clearly
addressed is provision of residential accomodations within the existing
office building.
4. The fact that adequate space is not available elsewhere in Tukwila simply
means the existing facility must conform to the TMC on this site or the
facility must relocate outside of Tukwila.
SUMMARY CONCLUSION
West Coast Truck Lines has effectively been given two (2) years to conform
with all TMC requirements or relocate the facility elsewhere. Mr. Klein has
either not seriously investigated all reasonable alternatives or is unwilling
to expend the funds necessary to conform with regulations which all other
truck terminals are required to conform with. Hence, continuation of the
variance will constitute a special privelege for West Coast Truck Lines which
is not enjoyed by other similar uses.
RECOMMENDATION:
Based on the Findings and Conclusions of this Staff Report, Staff recommends
the Board deny extension of the time period, declare the variance null and
void, and order the trailer removed from the premises within thirty (30)
days from date of this action. Staff further recommends the Board formally
state the applicant has the right to appeal to a court of competent juris-
diction for a period of thirty (30) days from the date of this action.
Page 2
7 April 1977
•
CITY OF TUKWILA
• 6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
Frank Todd, Mayor
PLANNING DEPARTMENT
'BOARD OF ADJUSTMENT
....•
Minutes of the Regular Meeting, 3 April 1975 . •
The regularApril meeting of the Tukwila Board of Adjustment was called
to order at 8:10 p.m. by Chairman Brown. Members present were: Mr.
Montgomer,y,*.Mrs.: Altmayer, Mr. Bauch and Mr. Brown.
Staff pointed out that since there had been no regular meetings conducted
since November 1974, the Board should review all minutes for those months
from November to the present.
•
•
•
Notion by Mr;s. Altmayer, seconded by Montgomery and carried to approve
the regular November, December, January, February and March minutes as
prepared.
Staff noted that Mr. Bauch is new member replacing Mrs. Pesicka as of
1 January .1975. • Mrs. Altmayer expressed regret at the loss of Mrs.
Pesicka and welcomed Mr. Bauch to the Board. ,
OLD BUSINESS
Mrs. Altmayer asked Staff what had progressed pursuant to the Board's
decision regarding the Valque Sewer District's building on 51st Street
. .
, in McMicken•Heights..
"..:..•. -
- . .
Gary Crutchfield, Planning Department, informed the Board that Val-Vue's
superintendent, Mr. Matelich, is adamantly opposed to expending funds
to conform to Board's stipulations'under which the sewer district's
variance request was granted , •
•
Motion by Mr. Bauch, seconded by Mrs. Altmayer and carried to direct the
Secretary to contact the City Attorney seeking a legal opinion as to
what action should be taken by the City Administration to follow through
with the Board's decision.
VARIANCE - West Coast Truck Lines •
•
Gary Crutchfield read advertisement and generally explained the nature
of the request. • Referred to the Staff Report and drawings.
Chairman Brown opened the Public Hearing at 8:35 p.m.
• E 1 4. 7. 110: " A
1 t "
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• . •
• •
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•
Minutes of Regular. ing
Board of Adjustment
Mr. Otto Klein, West Coast Truck Lines, introduced a letter from King
County Department of Health allowing him to utilize a sewage holding
tank until such time as the sanitary sewer is available for connection.
Referred to his letter (attached to Staff Report) in explaining the
need for living quarters for a single manjor security purposes.
Mr. Mark Bicknell stated his oppositi&nto an indefinite variance.
Stated although he'was not opposed to the.existence of the trailer he
desired to see allowed only as long as absolutely necessary.
• -
Gary Crutchfield read 'Staff - 'findings,t..-conClusions and recommendations '
indicating that the trailer could be allowed through interpretation of
Section 18.32.010. ,
t `i • If)
• ;S, k Lti.
Chairman Brown closed the Public..Hearing-at 9:02 p.m.
• •
• •
••• • • "
It was generally agreed by the Board that the allowance of he trailer
through interpretation of - Section 48:32.010 not proper and, . in fact,
would set -undesirable 'precedent which be used to Allow a prolifer- •
ation of trailers related to provid seCuri4;purpOies'for any develop- . .
ment within an industrial zone. . '
• • •
Discussion ensued regarding the anticipated ,period of operation of West
Coast Truck Lines. ' Mr. Klein explained his company has a short term
lease with option to purchase. Board generally agreed the entire par-
cel is transitional in terms of land use-and a variance granted in- . .
definitely would not be desirable..
Motion by Mr. 'BeUcli'and seconded by Mr. Montgomery that whereas the resi- " •
dence of a night watchman for West Coast. Truck Lines is deemed necessary
for security . purposes and the use of said land is temporary and transi-
tional and to cOnstruct a permanent residence for security purposes is . - •
unreasonable,!therefore the Board grants k Variance to West Coast Truck ...
Lines from Section 5.32.130, for a period not to exceed one (1) year
from this date,' to allow the location and Use of a trailer as the living
quarters for a ,night watchman in conformance with the following . .
stipulations':
- , 4 . - • ••
1 That the use of the trailer for a night watchman's living • •
quarters- be directly related, both physically and function-
ally, 'to the primary lawful use of the property on which
said trailer is located.
3. That such use of the trailer May continue only as long as
the primary lawful use continues to exist.
.• , . .
2. Any such use of the trailer must be'dependent upon connec-
tion with the municipal ,sanitary sewage disposal system
andrter .supply system. 2: » - • , .
• ' 3 April 1975
•
Page 2
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• • ' . • • : •
• • •• ••••
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Minutes of Regular Meeting
Board of Adjustment
Motion carried with Mrs. Altmayer voting NO.
STAFF INTERPRETATION REVIEW - THERAPEUTIC MASSAGE IN R -1 ZONE
Gary Crutchfield explained, through the Staff Report, that Ms. Marianne
Graupe, a licensed therapeutic masseuse, had applied for a business
license to practice her profession at her home, 14208 -55th Avenue South.
Staff had reviewed Section 18.12.050 (accessory uses allowed in the R -1
zone) and determined that the use was not allowed in the R -1 zone.
However, paragraph (A) of Section 18.12.050 (6) did allow the office of
a surgeon,'physician, (including osteopaths and chiropractors) or
dentists. :-Thus,,.Staff.considered an appeal:by.the aggrieved party may be
appropriate.:. Ms. Graupe, in,turn, requested the Board review Staff's
interpretation of said Section in relation'to her business license
application: - . Y _.
• Gary Crutchfield read Ms :Graupe's letter arid discussion among Board
members ensued regarding the allowance,'under Section 18.12.050 (6) (A)
of surgeons, :dentists and chiropractors: •.The Board generally agreed
these types ,of uses, within a in an R -1 zone, are not
conducive to the maintenance of said zone. • ; •
Motion by Mr.. • seconded by Mr.' Montgomery and carried'unanimously
to uphold Staff's interpretation that the professional practice of a
licensed therapeutic.masseuse is not allowed within an R -1 zone.
tegrity of the R -1 zone. •
3 April 1975
Page 3
•
Motion by Mrs. Altmayer, seconded by Mr. Bauch and carried unanimously
to. recommend the Planning Commission, at its earliest convenience, amend
Section 18.12.050 to exclude those uses which do not maintain the in-
Motion by Mr. Bauch,.seconded by Mr...Montgomery and carried to adjourn
the regular April..meeting. '
Chairman Brown adjourned the regular April meeting at 10:15 p.m. •
Garry Crutchfield,
Tukwila Board of A
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Edgar 0. Bauch, Mayor
E IFFY o T KW LA
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
Minutes of the Meeting, 6 May 1976
BOARD OF ADJUSTMENT
The regular May meeting of the Tukwila Board of Adjustment was called to
order at 8:10 P.M. by Chairperson Altmayer. Other Board members present
were: Mrs. Crain, Mr. Hartong, Mr. Dow and Mr. Duffie. Gary Crutchfield
represented the Planning Department.
Chairperson Altmayer called for approval of the minutes of 1 April 1976.
Motion by Mr. Duffie, seconded by Mr. Hartong and carried to approve the
minutes as prepared.
VARIANCE EXTENSION - West Coast Truck Lines
Gary Crutchfield read the Staff Report regarding this matter and explained
that West Coast Truck Lines is requesting an extension of the time period for
which the variance is valid.
Mr. Duffie stated he had visited the site and spoke to an employee or two who
had indicated a crucial need for the night watchman to reside on the premises
due to theft. Further stated he had contacted all neighbors and none had
indicated any objection to the existence of the trailer. Noted his conclusion
that the trailer serves a good purpose and should be allowed to continue.
Mr. Otto Klein, applicant, indicated the sewer is in nearby but the contractor
continues to experience problems with settling and resultant broken lines.
Chairperson Altmayer inquired as to the terms of the property lease.
Mr. Klein indicated the property lease is on an annual renewal basis and that
they are attempting to clean up the yard and old barn.
Motion by Mr. Duffie and seconded by Mr. Hartong that based upon the Findings
and Conclusions contained in the Staff Report to extend the time period of the
variance to expire on 1 April 1977 and that the Board urge the applicant to
consider the following alternatives prior to expiration of the variance:
cx (' a `j
Board of Adjustment
Minutes
1. Provide a night watchman's residence in a manner which conforms
with the Tukwila Municipal Code.
2. Consider alternative methods of providing security.
3. Move the operation to a facility which will provide security in
conformance with the Tukwila Municipal Code.
Motion carried with Mr. Dow voting NO.
By -Law Amendment
Gary Crutchfield read the Staff Report for this matter explaining the justi-
fication for the proposed amendment in that the paragraph describing the
applicant's appeal process is neither a procedure of the Board nor correct
in that the appeal period for the Sign Code is different than that in the
Zoning Code.
Chairperson Altmayer read a letter from Deputy City Attorney Larry Hard
indicating the desireability of the City Council approval of the Board's
By -Laws.
Motion by Mrs. Crain, seconded by Mr. Duffie and carried unanimously to
amend the By -Laws by deleting paragraph 5 of Article V.
OTHER BUSINESS
Gary Crutchfield explained the Sign Code amendment prompted by Doce's will be
considered at a public hearing by the Planning Commission on Thursday, 27 May
1976. •
Chairperson Altmayer noted that she had written two letters to the City Council
in response to their action regarding the Doce's code amendment request and
requested they become a part of the permanent record. Both letters are attached
to these minutes and a copy of each letter has been placed in the Planning
Department Master File #76- 15 -CA.
Considerable discussion ensued regarding miscellaneous informational signs as
well as the degree of enforcement by the administration.
Gary Crutchfield briefly explained the background of the International- Harvester
appeal which took place some months ago and briefly described the ruling of the
King County Superior Court judge who heard the appeal by International - Harvester,
noting that a new hearing will be scheduled for the regular June meeting..
There being no further business, motion by Mr. Duffie, seconded by Mrs. Crain
and carried to adjourn the regular May meeting.
Chairperson Altmayer adjourned the meeting pt 10:00 P.M.
Cary Crutchfield, Secretary
Tukwila Board of Adjustment
Page 2
6 May 1976 •
'
iyx
Wed eGast TiztpicA .� .
RT. 4, BOX 194 -R
EUGENE, OREGON 97405
City of Tukwila
Planning Department
6230 Southcenter Blvd.
Tukwila, Washington
Gentlemen:
March 18, 1977
Zie would appreciate your reviewing our request to extend the time period of the
variance granted on May 7, 1976.
Eb would like to bring you up to date on what we have done since May, 1976.
1. A maintenance shop for our trailers has been installed and we have
paid over 51,000 per month to local businesses for parts and supplies
for those trailers.
2. We have added over 50 cubic yards of fill, trying to improve the
property and the surrounding areas.
5. We hope you will contact our neighbors, as we have tried to help them
whenever possible, and have given them extra security by having. our
night watchman available 24 hours a day.
We have reviewed your comments about alternate suggestions, and these are
our findings:
1. Provide night watchman's residence in a manner which conforms with
Tukwila Municipal Code.
PHONE 747 -1283
3. The contractor who is presently installing your waterline is using
our yard to store the plastic pipe and his equipment. He has indicated
to us that he could not have stored this equipment and pipe if it had .
not been for our night watchman. Again, we were trying to be good
neighbors.
I. Considerable time and effort have been put in by our yard man (night
watchman) in keeping our yard clean and improving the surrounding area.
The mounds of dirt that are presently arround the trailer are being
used by the contractor who is installing the water line.
Facilities are leased from Harold Rolph Corp., and from what we under-
stand, he is not interested in adding residential facilities in this area.
RT. 4, BOX 194 -R
EUGENE, OREGON 97405
2. Alternate methods of providing security.
Yours truly,
Otto Klein
West Coast Truck Lines
PHONE 747 -1283
?° :e have over 200 trucks that are running up and down the West Coast, and
some of these trucks are coming in and out of our yard throughout the
day and night. We know of no enclosure that could be put up that would
enable these trucks to enter or exit without blocking 134th Place So.
for considerable periods of time. The yard man, or night watchman,
is in the area 24 hours per day, and many times is called upon to unload
or reload trailers during all hours of the day or night.
3. Move the operation to facilities which will provide security in confor-
mance with the Tukwila Municipal Code.
We know of no available facilities in the Tukwila area that will give us
the security and space necessary for our operations.
Our yard man has tried to find rentable residential property within the
immediate area. However, as of this time, he has found none.
be do wish to report that our night watchman has recently married a widow who
works away from the premises all day.
Thank you again for giving us the opportunity to explain our situation. We
ask that you consider extending our variance for another year.
SENT TO
Mr. Otto G. Klein
POSTMARK
OR DATE
-uck Lines)
J
.0 n
Z L :
ro 1--1
Ci'
''t
STREET AND NO.
4600 So. 134th Place (West Coast T
P.O., STATE AND ZIP CODE
Tukwila, WA 98168
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date delivered
With delivery to addressee only
RECEIPT 2. Shows to whom, date and where delivered
SERVICES With delivery to addressee only
15d
650
350
85C
DELIVER TO ADDRESSEE ONLY
50d
SPECIAL DELIVERY (sxtro fee required)
PLANNING
PARKS :t
RECREATION
BUILDING
14 March 1977
Mr. Otto G. Klein
West Coast Truck Lines
4600 South 134th Place
Tukwila, Washington 98168
Dear Mr. Klein:
Sincerely,
Gary Crutchfield
Assistant Planner
GC /cw
Attachment
SENT CERTIFIED MAIL
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
This correspondence is to serve as a formal reminder of the expiration
date of the variance granted you by the Tukwila Board of Adjustment
allowing the use of a trailer as a residence for your night watchman.
The variance, originally granted on 3 April 1975 and extended for one
year on 6 May 1976, will expire and become null and void on 1 April
1977. Continuance of the trailer use after 1 April 1977 will constitute
a violation of the Tukwila Municipal Code and each day such violation
occurs shall constitute a separate violation. (I have attached a copy of
Section 1.08 of the Tukwila Municipal Code which specifically prescribes
the general penalty described.)
Thanking you in advance for your cooperation in this matter.
cc: Mayor Bauch
Chmn, Bd of Adj
Kjell Stoknes, Dir, 0(
LO-
CI
O
z
PS Form 3600
Nov.1971
6230 Southcenter Boulevard a Tukwila, Washington 98188 la .. (206) 292 -2177
RECEIPT FOR CERTIFIED MAIL --30e (plus postage)
NO INSURANCE COVERAGE PROVIDED— (See other side)
NOT FOR INTERNATIONAL MAIL • . 'f ((POI 1970 0497.4911
PLANNING
PARKS .
RECREATION
BUILDING
14 March 1977
This correspondence is to serve as a formal reminder of the expiration
date of the variance granted you by the Tukwila Board of Adjustment
allowing the use of a trailer as a residence for your night watchman.
The variance, originally granted on 3 April 1975 and extended for one
year on 6 May 1976, will expire and become null and void on 1 April
1977. Continuance of the trailer use after 1 April 1977 will constitute
a violation of the Tukwila Municipal Code and each day such violation
occurs shall constitute a separate violation. (I have attached a copy of
Section 1.08 of the Tukwila Municipal Code which specifically prescribes
the general penalty described.)
Thanking you in advance for your cooperation in this matter.
Sincerely,
Dear Mr. Klein:
Mr. Otto G. Klein
West Coast Truck Lines
4600 South 134th Place
Tukwila, Washington 98168
Gary Crutc field
Assistant Planner
GC /cw
Attachment
cc: Mayor Bauch
Chmn, Bd of Adj
Kjell Stoknes, Dir, OCD
SENT CERTIFIED MAIL
6230 Southcenter Boule
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
STICK POSTAGE a IMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES: (seo front)
1. If you w ( this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier, (no extra charge)
If you do not want this receipt postmarked, stick the gummed stub on the left port
address side of the article, date, detach and retain the receipt, and mail the article. •
,3. If you want a return receipt, write the certified-mail number and your name and address ona
return receipt card, Form 3811, and attach it to the back of the article by means of the gummed
ends Endorse front of article' RETURN RECEIPT. REQIIFSTED. ` "-
4. If you want the article Delivered only to the addressee, endorse it on the front DELIVER TO
ADDPFSSFF 1N1 place the same endorsement in line 2 of the return receipt card if that
SBrvire c reainsInd.
5. Save this receipt and present it if you make.inquiry.:
1
CITY OF TUKWILA Correspondent's Address:
PLANNING DEPARTMENT
APPLICATION TIMETABLE CHECKLIST
PROJECT T7' al r �n r,anc P,
APPLICANT (dcn- 'C�Q�� -� Truck ) Pa
TYPE OF APPLICATION \ /c&rirk --,
GENERAL LOCATION OF PROPERTY y0 9_ efl r ner ,-' 1 iJ +h ! U 7 +h o .
FEE: a 75 0.01/ RECEIPT NO. C7a 1 �, FILE NO. M F ';9
1. APPLICATION INFORMATION:
Submitted for Review: By:
Additional Information Requested:
" " Submitted:
Requested:
" " Submitted:
2. APPLICATION ACCEPTED FOR FILING: By:
3. ENVIRONMENTAL INFORMATION REVIEW:
Additional Information Requested:
11
11 II
11
11
Submitted:
Requested:
Submitted:
Requested:
Submitted:
ENVIRONMENTAL INFORMATION ACCEPTED: By:
4. ENVIRONMENTAL DECLARATION: By:
A. PUBLISHED: MAILED: POSTED:
B. DATE ADVISORY REPORT COMPLETED By:
5. BOARD OF ADJUSTMENT Hearing Date Assigned , 3 1S
4 v4'Z. ..t y 7
Results of Hearing:
6. PLANNING COMMISSION Hearing Date Assigned
Results of Hearing:
7. CITY COUNCIL Hearing Date Assigned
Results of Hearing:
8. ORDINANCE OR RESULUTION NO. ASSIGNED
Aiivwvilweicwiirmrsr
1
LI (o GYM
SPC l P f (a)a, 9 (c(o
7 May 1976
Mr. Otto G. Klein
West Coast Truck Lines
4600 - South 134th Place
Seattle, Washington 98168
Dear Mr. Klein:
Sincere
Gar Crutchf eld
Assistant P anner
GC /cw
c
CITY of TUKWILA
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
cc: Bldg Dep
Chmn, Bd of Adj
Edgar D. Bauch, Mayor
The Tukwila Board of Adjustment, at its regular meeting conducted 6 May
1976, considered your request to extend the time period of the variance
granted 3 April 1975 by the Board to allow the use of a trailer as a night
watchman's residence.
The Board voted to extend the original variance for one year to expire on
1 April 1977 and urged you to consider the following alternatives prior to
expiration of the variance:
1. Provide a night watchman's residence in a manner which conforms
with the Tukwila Municipal Code.
2. Consider alternative methods of providing security.
3. Move the operation to a facility which will provide security in
conformance with the Tukwila Municipal Code.
Should you have any questions regarding this matter, please contact me at
242 -2177.
BOARD OF ADJUSTMENT
AGENDA
6 May 1976
I. CALL TO ORDER
II. APPROVAL OF MINUTES: 1. April 1976
III. OLD BUSINESS
IV. NEW BUSINESS
A. Variance Extension - West Coast Truck Lines
B. By -Law Amendment
V. ANY OTHER, BUSINESS
VI.: ADJOURNMENT
8:00 P.M.'
6 May 1976
CITY OF TUKWILA
PLANNING DEPARTMENT
BOARD OF ADJUSTMENT
STAFF REPORT
AGENDA ITEM Iv B : By -Law Amendment
8:00 P.M.
The City Attorney, in preparing for the recent court case regarding the appeal
of a Board decision, has recommended the City Council officially approve the
By -Laws of the Board of Adjustment.
Prior to Council review for such approval, staff perused the By -Laws for. .
possible changes which could be appropriate in light of the Board's activities
over the past year and a. half. That review led to staff's recommendation that
the Board amend the By -Laws by deleting paragraph 5 of Article V since it
merely reiterates the appeal process contained in the Tukwila Municipal Code
for an aggrieved party and is not related to the procedures of the Board.
CITY OF TUKWILA
PLANNING DEPARTMENT
BOARD OF ADJUSTMENT
STAFF REPORT
6 May 1976 8:00 P.M.
AGENDA ITEM IV A : VARIANCE EXTENSION REQUEST
REQUEST: Extension of Variance (originally granted 3 April 1975)
APPLICANT: West Coast Truck Lines
LOCATION: 4600 - 134th Place South
The Board of Adjustment, at its regular April 1975 meeting, granted a variance
to West Coast Truck Lines for the use of a trailer as the residence of their
night watchman for security purposes. The variance was granted for one year
and West Coast has now requested an extension of that time period. Minutes
of the 3 April 1975 meeting are attached as Exhibit "A ".
FINDINGS
1. The Board made the following conclusions at the Public Hearing in
April 1975:
A. The entire parcel, currently leased by West Coast Truck Lines,
is transitional in terms of land use.
B. A residence for a night watchman is deemed necessary for
security purposes.
C. To construct a permanent residence for security purposes is
unreasonable due to the transitional nature of the property.
D. A variance granted for an indefinite period is undesireable.
2. The variance was granted for one year.
3. The variance was granted with the stipulations:
A. That the use of the trailer for a night watchman's living
quarters be directly related, both physically and functionally,
to the primary lawful use.of the property on which said trailer
is located.
B. Any such use of the trailer must be dependent upon connection with
the municipal sanitary sewage disposal system and water supply
system.
Board of Adjustment
Staff Report
Page 2
6 May 1976
C. That such use of the trailer may continue only as long as the
primary lawful use continues to exist.
4. West Coast Truck Lines has used the trailer for their night watchman's
residence during the past year.
5. The use of the trailer has conformed to the stipulations of the
variance with the exception of connection to the sanitary sewage .
disposal system. (SEE, Exhibit "B ".)
6. Comments from a property owner at the original hearing in April 1975
reflected a desire to restrict the existence of the trailer so that
it is allowed only a long as absolutely necessary.
7. All nearby property owners have been notified by mail of the exten-
sion request and time and place of consideration.
CONCLUSIONS
1. The variance was originally granted because the property lease was
short -term with option to purchase and the applicant needed a night
watchman for security purposes.
2. The applicant has neither indicated the anticipated tenure of the
facility nor alternative methods of security (i.e, fencing the per-
imeter of the facility).
3. Without limiting the time period of the variance, the Board will be
allowing the trailer to be used as long as the primary lawful use is
in existence.
RECOMMENDATION
Due to the uncertainty regarding the length of time the facility will exist,
consideration of the concerns expressed by a nearby property owner and'in an
attempt to allow a reasonable period of time for the applicant to consider
available options for security in conformance with the Tukwila Municipal Code,
Staff recommends the variance be extended to expire on 1 April 1977 and that
the Board urge the applicant to consider the following alternatives prior to
expiration of the variance:
1. Provide a night watchman's residence in a manner which conforms with
the Tukwila Municipal Code..
2. Consider alternative methods of providing security.
3. Move the operation to a facility which will provide security in
conformance with the Tukwila Municipal Code.
,in McMicken- Heights.-
Frank Todd, Mayor
CITY OF'.TLJ KW! LA
` 6230 SOUTHCENTER BLVD.
TUKWI LA, WASHINGTON 98067
.PLANNING DEPARTMENT
BOARD OF ADJUSTMENT ...
flinutes of the Regular Meeting, 3 April 1975
The regular'_;April. meeting ofd the Tukwila ,Board of Adjustment was called
to *order :at 8:10: pm. by Chairman Brown: Members. present were: Mr. •
Montgomery; Mrs
7. ..' Altmayer, Mr: _Bauch and Mr.Brown.
Staff pointedjut that since there had been no regular meetings conducted
since November 1974, the Board should reView all minutes for those months
. Motion'by Mrs.:Altmayer, seconded by Montgomery and carried to approve
the regular November; December, January, February and March minutes as
Staff noted ihat Mr. Baucti is a'new member replacing Mrs. Pesicka as of
1 January,1975. Mrs. expressed regret at the loss of Mrs.
Pesicka and welcomed Mr. Bauch to the Board. •
0 .
OLD BUSINESS''
Mrs. Al.tmayer :asked • Staff what_ had progressed pursuant to the Board'
decision regarding the Val -Vue Sewer Distri.ct',s.building on 51s.t
Gary Crutchfield, Planning Department, informed the Board that Val -Vue's
superintendent_ Mr. Mate1 ich,. is =adamantly opposed to expending funds
to conform:tothe Board's stipulations'under.which the sewer district's
variance request was granted. •
Motion bY Mr.. Bauch, seconded by Mrs. Altmayer and carried to direct the
Secretary to contact the City Attorney seeking a legal opinion as to
what action should be taken by the City Administration to follow through
with the Boards decision.
VARIANCE - Coast Truck Lines
•
Gary Crutchfield read advertisement and generally explained the nature
of the request. ', Referred to the Staff Report and drawings.
Chairman Brown opened the Public Hearing at 8:35 p.m.
•
Minutes of Regular' Meeting
•
Board of Adjustment : ;;
Mr. Otto Klein, West Coast Truck'.Lines, introduced • letter from King
County Department of ,Health allowing him. utilize a sewage holding
tank until such time .as the sanitary sewer..is available' for connection.
•Referred to his letter•'(attached • to Staff Report) in explaining the
'need- living..quarters • for a•single purposes._. •
Mr. •Mark his opposition.: to an indefinite variance.
Stated although he 'was' not opposed to.'•the:existence•of the trailer, he ••
• desired to',see it7 allowed only as ;long:as- absolutely necessary.'
.. `.. ,f „35i• - t. {'r1 d• -i t .: .,
: Gary Crutchfield • read :'•Staff,.'f.ind.ings; conclusions arid,.recommendations
indicating''.that trailer could: be'.allowed.through interpretation of
Sect i r
• Chairman` Brown'.closed th•e PublicHearing at 9:02
It was generai,ly agreed ' by:the 'Board 'that' . allowance of ithe 'trailer
through :interpretation':of Section • 18'.32'.01 . 0`was_7riot proper•and, .in fact,
would set . able 'precedent ,whi.ch, coot d. be used to al low a prol ifer
ation of trailers::related to ` providing securi.typurposes` for any develop-
ment within an • industrial zone ,t
; t'' ;::'....'
. Discussion `ensued :regarding' the .anticipated.';period of operation of West
▪ Coast Truck .Lines:' ' Mr. Klein explained:;his "company has a ,short term •
lease with:•option ;to purchase::. : :Board..generally agreed the • entire par-
cel: is transitional :.'in terms of :land,:use•,and a.variance granted i:n-
'definitely .•would' not; be•desir,able. '"
Motion by'Mr..l'aiich and• seconded 'by Mr. Montgomery that•whereas :the 'resi -'
dence •of .a :night,.watchman for • West Coast :Truck .Lines :is deemed necessary
.for securi ty, purposes and • the 'use •of •. said :I:and is - temporary and trans -
tional and �to•. a permanent residence • for security' purposes is •
'unreasonable therefore•. the Board .grants .a :variance to ltfest Coast • Truck
Lines from: Section',.5.32.130, • for a period:, not, to exceed one (1) • year
from this - date•,•to` allow the location and use• a trailer •as:•the living
quarters for. :a• watchman in conformance.:with the following
stipulations: •
1. That ,the- use of the trailer 'for •a•.night watchman's living •
quarters•_.be .directly • related , both physically and function -
al.ly,;:to the primary lawful .use of. the .property on which
said •trailer is located. •
. Any such use of the trailer m ustbe` dependent upon connec-
tion with: the municipal .sanitary sewage disposal. system
.and. water :supply system.' --.:.?• .,• • -
That such use' of the trail only as long as
the primary lawful use continues to exist. •
3 April 1975
Page 3
Minutes of Regular.Meeting
Board of Adjustment
Motion carried with Mrs. Altmayer voting NO.
STAFF INTERPRETATION REVIEW - THERAPEUTIC MASSAGE IN R -1 ZONE
Gary Crutchfield explained, through the Staff Report, that Ms. Marianne
Graupe, a .licensed therapeutic masseuse,'had applied for a business
license to practice her profession at her home, 14208 -55th Avenue South.
Staff had reviewed'Section 18.12.050 (accessory uses allowed in the R -1
zone) and determined that the use was not allowed in the R -1 zone..
However,. paragraph (A) of Section 18.12.050 ;(6).•did allow the office of .
a surgeon,' physician, (including osteopaths - and chiropractors) or
dentists. .jhus,Staff considered an appeal.: by the aggrieved party may be
appropriate,'. Graupe, in.turn, 'requested the Board review Staff's
interpretation of said Section in relation her'business' license
application: ;.... .:.,., :,x.:
Gary Crutchfield read Ms. Graupe's letter and discussion among Board
members ensued regarding the allowance,'under Section 18.12.050 (6) (A)
of surgeons;: dentists and chiropractors The Board generally agreed
these types'aof*uses, within a located in an R -1 zone, are not
conducive to:`the maintenance of zone.
Motion by.Mr: =Bauch, seconded''by'Mr.''Montgomery and carried'unanimously
to uphold Staff 's interpretation that the professional practice of a .
licensed therapeutic.masseuse is not allowed within an R -1 zone.
Motion by. Mrs. Altmayer, seconded by Mr. Bauch and carried unanimously
to'recommend.the Planning Commission, at its earliest convenience, amend
Section 18.12.050 to exclude those uses which do not maintain the in-
tegrity of; the R -1 zone.
Motion by Mr.: Bauch, seconded by Mr. : . Montgomery and carried to adjourn
the regular.. April. meeting
Chairman Brown 'adjourned the regular April meeting at. 10:15 p.m.•.
Well Coca` ("hutch .Lutes, .7`tc.
RT. 4, BOX 194 -R
EUGENE, OREGON 97405
April 8, 1976
City of Tukwila
14475 - 59th Avenue South
Tukwila, Washington, 98067
Attention: Mr. Gary Crutchfield:
Subject: your letter of April 1, 1976.
We would appreciate the opportunity to come before the Board of Adjustment
during the regular May meeting to ask for an extention of variance from Section
5.32.130.
(1) The trailer in question has been used by our night watchman as living
quarters this past year. Our trucks, trailers, and equipment must be protected from
pillferage or damage and cannot be guarded unless this watchman is physically in
our yard.
(2) We are waiting for the sewer contractor who has had considerable trouble in
hooking up the line from our neighbor across 134th Street.
You may be assured that our request for this extension of the variance is
necessary for the protection of our facilities, and we are hopeful that you will
allow us to continue to do business in the Tukwila area.
Yours truly,
Otto G. Klein
West Coast Truck Lines
4600 - 134th Place South
Tukwila, Washington, 98168
PHONE 747 -1283
b;
April 30, 1976
c.
CITY of TUKWILA
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
Mr. Otto G. Klein
West Coast Truck Lines
4600 - 134th Place South
Tukwila, Washington 98168
Dear Mr. Klein:
Your request for extension of the variance previously granted by the Board
of Adjustment is scheduled for consideration by the Board at it's regular
meeting to be conducted at 8:00 PM Thursday, 6 May 1976, at the city hall
council chambers 14475 - 59th Avenue South.
It is to your benefit to attend and speak in behalf of your request.
sincere ,
Gary rutch field
Assistant P anner
GC:ks
Edgar D. Bauch, Mayor
CIS • DO TUKM LA
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
27 April 1976
(..dar D. Bauch, Mayor
Mr. Raymond Bradley
4621 South 134th Street
Seattle, Washington 98168
Dear Mr. Bradley:
The Tukwila Board of Adjustment, in April 1975, granted a variance to allow
West Coast Truck Lines to utilize a trailer as a residence for security
purposes. The variance was granted for a period not to exceed one. (1) year.
West Coast Truck lines has requested an extension of the variance for an
unspecified period of time. The Board of Adjustment will consider the
extension request at their regular meeting scheduled for 8:00 P.M. Thursday,..
6 May 1976 at the City Hall Council Chambers located at 14475 - 59th Avenue
South.
You, as a nearby property owner, are hereby encouraged to attend the meeting
or submit any comments in writing regarding the extension request. Should you
have any questions or desire further information regarding, this matter, please
contact me at 242 -2177.
Sincerely,
Gary Crutchfi,ild
Assistant Pl nner
GC /cw
CITY cF' TUKW LA
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
r
27 April 1976
Mr. E. - I. Simon
4625 South 134th Street
Seattle, Washington 98168
Dear Mr. Simon:
The Tukwila Board of Adjustment; in April 1975, granted a variance to allow
West Coast Truck Lines to utilize a trailer as a residence for security
purposes. The variance was granted for a period not to exceed one (1) year.
West Coast Truck lines has requested an extension of the variance for an
unspecified period of time. The Board of Adjustment will consider the
extension request at their regular meeting scheduled for 8:00 P.M. Thursday,
6 May 1976 at the City Hall Council Chambers located at 14475 - 59th Avenue
South.
You, as a nearby property owner, are hereby encouraged to attend the meeting
or submit any comments in writing regarding the extension request. Should you
have any questions or desire further information regarding this matter, please
contact me at 242 -2177.
Sincerely,
Gary Crutchf eld
Assistant P1.nner
GC /cw
Edgar D. Bauch, Mayor
C,
27 April 1976
Mr. Ian G. Hastings
13407 - 48th Avenue South
Seattle, Washington 98168
Dear Mr. Hastings:
The Tukwila Board of Adjustment, in April 1975, granted a variance to allow
West Coast Truck Lines to utilize a trailer as a residence for security
purposes. The variance was granted for a period not to exceed one (1) year.
West Coast Truck lines has requested an extension of the variance for an
unspecified period of time. The Board of Adjustment will consider the
extension request at their regular meeting scheduled for 8:00 P.M. Thursday, .
6 May 1976 at the City Hall Council. Chambers located at 14475 - 59th Avenue
South.
You, as a nearby property owner, are hereby encouraged to attend the meeting
or submit any comments in writing regarding the extension request. Should you
have any questions or desire further information regarding this matter, please
contact me at 242 -2177.
Sincerel
eld
Assistant.P anner
Gary Crutchf
GC /cw
.dgar D. Bauch, Mayor
CITY OF KWI LA
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
.`S
27 April 1976
Mr. Mark Bicknell
13375 - 48th Avenue South
Seattle, Washington 98168
Dear Mr..Bicknell:
Sincere
Gary Crutchfield
Assistant Planner
GC /cw
Edgar D. Bauch, Mayor
cirter OF TUK IL
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
4�!
The Tukwila Board of Adjustment, in April 1975, granted a variance to allow
West Coast Truck Lines to utilize a trailer as a residence for security
purposes. The variance was granted for a period not to exceed one (1) year.
West Coast Truck lines has requested an extension of the variance for an
unspecified period of time The Board of Adjustment will consider the
• extension request at their regular meeting scheduled for 8:00 P.M. Thursday,
6 May 1976 at the City Hall Council Chambers located at 14475 - 59th Avenue
South.
You, as a nearby property owner, are hereby encouraged to attend the meeting
or submit any comments in writing regarding the extension request. Should you
have any questions or desire further information regarding this matter, please
contact me at 242 -2177.
C_
1 April 1976
Dear Mr. Klein:
Sincerely
Ga y Crutch eld
Assistant P anner
GC /cw
cc: Mayor Bauch
Chmn, Bd of Adj
Mr. Otto G. Klein
West Coast Truck Lines
4600 - 134th Place South
Tukwila, Washington 98168
agar D. Bauch, Mayor
CITY OF TUKWILA
14475 - 59TH AVENUE SOUTH
TUKWI LA, WASHINGTON 98067
The Tukwila Board of Adjustment, at the regular April 1975 meeting, granted
West Coast Truck Lines a variance to allow the placement of a trailer at the
above address and its use as living quarters for a nightwatchman. The variance
was explicitly granted fora period not to excced one (1) year.
This correspondence shall constitute a reminder of the pending termination of
the aforedescribed variance as of 10 April 1976. Should you have any questions
or desire to discuss this matter, please contact me at 242 -2177.
1
(1
*Jest &mil efitach .&# eS, 9#tc.
RT. 4, BOX 194 -R
EUGENE, OREGON 97405
April 8, 1976
City of Tukwila
14475 - 59th Avenue South
Tukwila, Washington, 98067
Attention: Mr. Gary Crutchfield:
Subject: your letter of April 1, 1976.
We would appreciate the opportunity to come before the Board of Adjustment
during the regular May meeting to ask for an extension of variance from Section
5.32.130.
(1) The trailer in question has been used by our night watchman as living
quarters this past year. Our trucks, trailers, and equipment must be protected from
pillferage or damage and cannot be guarded unless this watchman is physically in
our yard.
(2) We are waiting for the sewer contractor who has had considerable trouble in
hooking up the line from our neighbor across 134th Street.
You may be assured that our request for this extension of the variance is
necessary for the protection of our facilities, and we are hopeful that you will
allow us to continue to do business in the Tukwila area.
Yours truly,
Otto G. Klein
West Coast Truck Lines
4600 - 134th Place South
Tukwila, Washington, 98168
PHONE 747 -1283
f!x k,I + " 15"
STAFF REPORT
STAFF FINDINGS
Frank Todd, Mayor
CITY of TUKWILA
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
PLANNING DEPARTMENT
BOARD OF ADJUSTMENT
3 April 1975
PUBLIC HEARING'- VARIANCE - WEST COAST TRUCK LINES
West Coast Truck Lines, located at 4600 South 134th Street,
leases said property from the Harold Rolph Corporation of
Spokane, Washington for use as a small truck and freight
terminal. A small trailer has been placed at the corner of
47th Avenue South and South 134th Street which is intended
to house a night watchman for the West Coast Truck Lines
terminal which is located within the same property boundaries.
Section 5.32.130 of the Tukwila. Municipal Code (TMC) declares
a trailer located outside an approved trailer park to be a
nuisance. Staff has interpreted said Section 5.32.130 to be
a land use regulation. Thus, pursuant to Section 2.76.070 of
the TMC, the variance request by West Coast Truck Lines has
been placed before the Board of Adjustment and has been duly
advertised.:
1. Said property is located within the City of Tukwila and
is zoned M -1.
2. West Coast Truck Lines leases the approximate two (2)
acres from Harold Rolph Corporation of Spokane for the
purpose of operating a truck terminal.
3. The applicant deems the trailer necessary to provide
living quarters for an unmarried man to perform the func-
tion of night watchman of the West Coast Truck Lines
terminal for security purposes.
4. The trailer is located on a portion of the property where
a previously existing dilapidated house has been removed.
5. Access is provided from 47th Avenue South, a dead end
street.
BOARD OF ADJUSTMENT 3 April 1975
Staff Report Page 2
6. Applicant has applied for permission, from King County
Health Department, to utilize a holding tank for sewage
until such time as a sewer trunk line is installed with-
in a reasonable distance from the property.
7. L.I.D. #24, currently under construction, will provide
an 8" sanitary sewer trunk line as well as a 10" water
line to the property. The Public Works Department esti-
mates the entire project to be completed within the
month, barring any unforeseen problems.
8. Section 5.32.130 (TMC) requires trailers for residential
purposes to be located in approved trailer parks.
9. Section 18.32.010 (TMC) allows, as an auxiliary use, the
residence of a watchman. It does not state, however,
whether or not such residence may be a trailer. Further,
the allowance of such an auxiliary use in Chapter 18.32
(CM Zone) does not explicitly allow such an auxiliary use
in Chapter 18.40 (M -1 Zone).
10. All property owners within 300 feet from the applicant's
external property lines have been duly notified and no
written or verbal opposition has been received by Staff
prior to the Public Hearing.
STAFF CONCLUSIONS
1. Although Section 5.32.130 (TMC) requires residential
trailers to be located within an approved trailer park,
Section 18.32.010 (TMC) allows the residence of a night
watchman as an auxiliary use.
2. The allowance of a night watchman's residence under Sec-
tion 18.32.010 does not include any definition as to the
type of residence, thus requiring interpretation. In
consideration of the primary uses allowed in the CM zone,
Staff interprets said Section 18.32.010 to include the
allowance of a trailer for the stated purpose.
3. The allowed uses in the CM zone and the M -1 zone are
identical, thus Staff infers that such auxiliary uses
allowed under Chapter 18.32.010 are also allowed in
Chapter 18.40.
4. The provision of adequate sanitary sewage disposal and
water supply eliminates any anticipated health hazards
to the general public.
BOARD OF ADJUSTMENT 3 April 1975
Staff Report Page 3
5. Since the request concerns the allowance of a specific
use rather than the restrictions placed on a specific
use, the variance criteria of Section 18.72.010 are not
relevant.
6. Staff concludes that the matter would be more appro-
priately resolved through interpretation rather than
through the granting of a variance.
STAFF RECOMMENDATION
In light of the aforementioned conclusions, Staff recommends
the Board deny the variance request and affirm the Staff in-
terpretation that the allowance of a night watchman's resi-
dence as an auxiliary use under Section 18.32.010 includes
the allowance of a trailer as such residence and that Chapter
18.40 (M -1 Zone) explicitly encourages more intensive use of
land than does Chapter 18.32 (CM Zone) thus implicitly allow-
ing such auxiliary uses as explicitly allowed in less inten-
sive zone classifications. Staff further recommends the
following stipulations be made in conjunction with the afore -
described interpretation for clarification:
1. The use of a trailer for a night watchman's living quarters
be directly related, both physically and functionally, to
the primary lawful use of the property on which said
trailer is located.
2. Any such use of a trailer must be dependent upon con-
nection with the municipal sanitary sewage disposal
system and water supply system.
3. That such use of a trailer may continue only as long as
the primary lawful use continues to exist.
STAFF INTERPRETATION REVIEW - THERAPEUTIC MASSAGE IN R -1 ZONE
Ms. Marianne Graupe, a licensed therapeutic masseuse, applied
for a business license in early March 1975 to operate a
therapeutic massage clinic within her home located at 14208-
55th Avenue South. The Planning Department, in its review of
the application, referred to Section 18.12.050 (TMC) which
restricts accessory uses in an R -1 zone.
Section 18.12.050 (6) restricts the practice of professions to
those listed in paragraphs (A) through (G). Only paragraphs
(A) and (C) are relevant to this particular type of profession.
Paragraph (A) allows "the. office of a surgeon, physician, (in-
cluding osteopaths and chiropractors) or dentist, located in
LAWRENCE BERGNER, M.D., M.P.H.'
Director of Public Health
Dear Mr..Klein:
Seattle -King County /DEPARTMENT OF PUBLIC HEALTH
(208) 583 -2550
• Public Safety Building Seattle, Washington 98104
Otto G. Klein
West Coast Truck Lines, Inc.
4600 South 134th
Seattle, Washington 98166
BH/mla
cc: Steve Hall, Director,
Tukwila Public Works Dept.
March 31, 1975
Re: Trailer parked on N.E. corner
of South 134th and 47th 'South,
Tukwila.
As your conversation with Mr. Heaton, sanitarian with this department,
this department would allow the use (until the sanitary sewer line is
available for connection) of a holding tank for the subject trailer.
Bernard H. Suttle,
Supervising Sanitarian
Division of Environmental $ealth.
Southeast District Health Center
DISTRICT HEALTH CENTERS:
NORTH EAST SOUTHEAST SOUTHWEST '
1600 N. E. 150th 15607 Northeast Bellevue - 3001 N. E. 4th St. 10821 8th Avenue Southwest
Seattle 98155 Redmond Road Renton 98055 Seattle 98146
363 -4765 Bellevue 98008 228 -2620 244 -6400
885 -1278
c
Frank Todd, Mayor
CITY oF TUKWILA
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
PLANNING DEPARTMENT
PUBLIC NOTICE
3 April 1975 8:00 P.M.
Notice is hereby given that the TUKWILA BOARD OF
ADJUSTMENT will hold a PUBLIC HEARING on the above
date at City Hall, 14475 - 59th Avenue South, to
consider a request for VARIANCE from Section 5.32.130
of the Tukwila Municipal Code to allow the location
of a TRAILER outside a mobile home park. Said
TRAILER is proposed to be located on a lot generally
located at the northwest corner of the intersection
of South 134th Place and 47th Avenue South, legally
described as follows:
Lots 7 through 11, Block 1, Fostoria
Garden Tracts, NEt of S15-T23-R4E;
situate in County of King, State of
Washington.
All interested persons are encouraged to appear and
be heard.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Publish in the Highline Times, 19 & 26 March 1975.
AFFIDAVIT of PUBLICATION
STATE OF WASHINGTON ss.
COUNTY OF KING
No
Kenneth Robinson ',being first duly sworn
on oath deposes and says: That he is the Associate Publisher
of THE HIGHLINE TIMES, a weekly newspaper which is now and at all times herein
mentioned has been published and printed in an office maintained at the place
of publication at Burien, King County, Washington; that by order of the Superior
Court of the State of Washington in and for King County, said newspaper Is now
and at all times mentioned herein has been approved as a legal newspaper for
the publication of any advertisement, notice, summons, report, proceedings, or
other official document required by law to be published; that said newspaper
was published regularly, at least once each week, in the English language, as a
newspaper of general circulation in Burien, King County, Washington, at the
time of application to the aforementioned Superior Court for approval as a
legal newspaper, and was so published for at least six months prior to the date
of said application, and is now and at all times mentioned herein has been so
published.
That the d is a true copy of a Puhlt r Notici regardiing
Public Hearing
as it was published in regular Issues of said newspaper once each week for a
period of tWO consecutive weeks, commencing
on the 19 day of March , 197:Z and ending
on the 26 day of March , 1975 _, both dotes
inclusive, and that sold newspaper was regularly distributed to its subscribers
and as a newspaper of general circulation during all of said period.
That the full amount of the fee charged for the foregoing publication is
the sum of s13.20 which amount has been paid in full, at the rate $2.65 per column inch
0 ; Me pV1fllharbbYi"WdIUs for the first insertion and•11 ?3' pwi*m11wvinvarrs $ 1.95 per column inch
for each subsequent insertion.
of
Subscribed and sworn to before me this
26th
day
March .141___
Notary Public In and for the State of Washington,
residing at Federal Way
STATE OF WASHINGTON
COUNTY OF KING
Associate Publishes
of THE HIGHLINE TIMES, a weekly newspaper which Is now and at all times herein
mentioned has been published and printed in an office maintained at the place
of publication at ourien, King County, Washington; that by order of the Superior
Court of the State of Washington in and for King County, said newspaper is now
and at all times mentioned herein has been approved as a legal newspaper for
the publication of any advertisement, notice, summons, report, proceedings, or
other official document required by law to be published; that said newspaper
was published regularly, at least once each week, In the English language, as a
newspaper of general circulation in Burton, King County, Washington, at the
time of application to the aforementioned Superior Court for approval as a
legal newspaper, and was so published for at least six months prior to the date
of said application, and is now and at all times mentioned herein has been so
published.
on oath deposes and says: That he is the
as it was published in regular issues of said newspaper once each week for a
period of tWO
on the 19 day of March
on the 26
day of March , 197,5_, both dotes
inclusive, and that said newspaper was regularly distributed to its subscribers
and as a newspaper of general circulation during all of said period.
That the full amount of the fee charged for the foregoing publication is
the sum of 513.20 which amount has been pald in full, at the rate
'oT jar gi16$fb1fWdtes for the first insertion an* 'MT"perfalMses erds
for each subsequent insertion.
of
AFFIDAVIT of PUBLICATION
No
15.
C
Renne th Robinson ;being first duly sworn
That the annexed is a true copy of a PLbli Notice regardiT..g—
Public hearing
Subscribed and sworn to before me this
March
consecutive weeks, commencing
• vas__ and ending
26th
!r C ��G1itt !_►�.ILLC,�/
day
Notary Public in and for the State of Washington,
residing at Federal Wiy
$2.85
$1.95
per
per
(
CITY of TUKWILA
6230 SOUTHCENTER BLVD.
TUKWI LA, WASHINGTON 98067
Dear Mr. Klein:
Your attention
It would be to
meeting.
Sincerely,
J
c
PLANNING DEPARTMENT
West Coast Truck Lines
Attn: Mr. Otto Klein
4600 South 134th Street
Tukwila, Washington 98168
Gary Crutchfiel
Assistant Planner
GC /cw
Enclosure
Frank Todd, Mayor
21 March 1975
is directed to the attached Public Notice.
your advantage to be present at the scheduled
Mr. Raymond Bradley
4621 South 134th St.
Seattle, WA 98168
Dear Mr. Bradley:
Pursuant. to Section 18.72.040 of .the Tukwila Municipal
Code, you, as a property owner, are hereby notified of
a public hearing to be conducted by the Tukwila Board
of Adjustment to consider a request for variance to allow
the location of a trailer outside a mobile home park.
•
A copy of the Public Notice, as published, is attached.
Should you have any questions or desire further informa -
tion regarding this matter, please contact this office
at 242 -2177.
Sincerely,
GC /cw
ary Cr utchf
Ass stant Planner
Attachment
i C - t-r ank Todd, Mayor
CITY or TUKWILA
6230 SOUTHCENTER BLVD.
TUKWI LA, WASHINGTON 98067
PLANNING DEPARTMENT
19 March 1975
CITY . OF TUKWILA
•
•
•
•
C ' :nk Todd, Mayor
6230 SOUTHCENTER BLVD.
TUKWI LA, WASHINGTON 98067
PLANNING DEPARTMENT
PUBLIC NOTICE
3 April 1975 8:00 P.M.
4
Lots 7 through 11, Block 1, Fostoria
Garden Tracts, NE* of S15- T23 -R4E;
situate in County of King, State of
Washington.
Notice is hereby given that the TUKWILA BOARD OF
ADJUSTMENT will hold a PUBLIC HEARING on the above
date at City Hall, 14475 - 59th Avenue South, to
consider a request for VARIANCE from Section 5.32.130
of the Tukwila Municipal Code to allow the location
of a TRAILER outside a mobile home park. Said.
TRAILER is proposed to be located on a lot generally
located at the northwest corner of the intersection
of, South 134th Place and. 47th Avenue South, legally
described as follows:
. A11 interested persons are encouraged to appear and
be heard. '
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Publish in the Highline Times, 19 & 26 March 1975.
Mr. E. I. Simon
4625 South 134th Street
Seattle, . 98168
Dear Mr. Simon:
•
Pursuant to Section 18.72.040 of the Tukwila Municipal
Code, you, as a property owner, are hereby notified of
a.public hearing to be conducted by the Tukwila Board
of Adjustment to consider a request for variance to allow
the location of a trailer outside a mobile home park.
A copy of the Public Notice, as published, is attached.
Should you have any questions or desire further informa-
tion regarding this matter, please contact this office
at 242 -2177.
Sincerely,
Gary rutchfield
Assistant Planner
GC /cw
Attachment
(-
Frank Todd, Mayor
CITY OF TU KWI LA
6230 SOUTHCENTER BLVD.
TUKWI LA, WASHINGTON 98067
PLANNING DEPARTMENT
19 March 1975
•a
(.' ank Todd, Mayor
C 1"I"1r o p TU KW I LA
6230 SOUTHCENTER BLVD.
TUKWI LA, WASHINGTON 98067
PLANNING DEPARTMENT
PUBLIC NOTICE
•
8:00 P.M.
3 April .1975
Notice is hereby given that the TUKWILA BOARD OF
ADJUSTMENT will hold a PUBLIC HEARING on the above
date at City Hall, 14475 - 59th Avenue South, to
consider a. request for VARIANCE from Section 5.32.130
of the Tukwila Municipal Code to allow the location
of a TRAILER outside a mobile home park. Said .
TRAILER is proposed to be located on a lot generally
located at the northwest corner of the intersection
of South 134th Place and. 47th Avenue South, legally
described as follows:
.Lots 7 through 11, Block 1, Fostoria
Garden Tracts, NE* of 315- T23 -R4E;
situate in County of King, State of
Washington.
. All'interested persons are encouraged to appeal and
be heard. . • '
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Publish in the Highline Times, 19 & 26 March 1975.
CITY OF TUKWILA
Mr. Ian G. Hastings
13407 - 48th'Ave. So.
. Seattle, WA • 98168 •
Dear Mr. Hastings:
Pursuant to Section 18.72.040 of the Tukwila Municipal
Code, you, as a property, owner, are hereby, notified of
a public hearing to be conducted by the Tukwila Board
of Adjustment to consider a request for variance to allow
the location of a trailer outside a mobile home park.
A copy of , the Public Notice, as published, is attached.
Should you have any questions or desire further informa-
tion regarding this matter, please contact this office
at 242 -2177.
Sincerely,
Gary Crutchfi
Assistant Planner
GC /cw
Attachment
("
Frank Todd, Mayor
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
PLANNING DEPARTMENT
• 19 March 1975
f
1
•
( ank Todd, Mayor
CITY or TUKWILA
3 April 1975.
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
PLANNING DEPARTMENT
PUBLIC NOTICE
s
8:00 P.M.
Notice is hereby given that the TUKWILA BOARD OF
ADJUSTMENT will hold a PUBLIC HEARING on the above
date at City Hall, 14475 - 59th Avenue South, to
consider a request for VARIANCE from Section 5.32.130
of the Tukwila Municipal Code to allow the location
of a TRAILER outside a mobile home park. Said
TRAILER is proposed to be located on a lot generally
located at the northwest corner of the intersection
of South 134th Place and. 47th Avenue South, legally .
described as follows:
Lots 7 through 11, Block 1, Fostoria
Garden Tracts, NE* of S15- T23 -R4E;
situate in County of King, State of
Washington.
• .
. All'interested persons are encouraged to appear and
be heard. . •
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
Publish in the Highline Times, 19 & 26 March 1975.
Sincerely,
CITY of TUKWILA
Mr. Mark Bicknell
13375 - 48th Ave. So.
Seattle, WA 98168
Gary Crutchfield ,
Assistant Planner
GC /cw
Attachment
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
Frank Todd, Mayor
PLANNING DEPARTMENT
Dear Mr. Bicknell:
Pursuant to Section 18.72.040 of the Tukwila Municipal
Code, you, as a property owner, are hereby notified of
a public hearing to be conducted by the Tukwila Board
of Adjustment to consider a request for variance to allow .
the location of a trailer outside a mobile home park.
Arcopy of the Public Notice, as published, is attached.
Should you have any questions or desire further informa-
tion regarding this matter, please contact this office
at 242 -2177.
19 March 1975.
3 April 1975 8:00 P.M.
Notice is hereby given that the TUKWILA BOARD OF
ADJUSTMENT will hold a PUBLIC HEARING on the above
date at City Hall, 14475 - 59th Avenue South, to
consider a request for VARIANCE from Section 5.32.130
of the Tukwila Municipal Code to allow the location
of a TRAILER outside a mobile home park. Said
TRAILER is proposed to be located on a lot generally .
located at the northwest corner of the intersection
of. South 134th Place and. 47th Avenue South, legally
described as follows:
rank Todd, Mayor
C mr O F TU KM LA
6230 SOUTHCENTER BLVD.
TUKWILA, WASHINGTON 98067
PLANNING DEPARTMENT
PUBLIC NOTICE
•
. ;
Lots 7 through 11, Block 1, Fostoria
Garden Tracts, NE* of S15- T23 -R4E;
situate in County of King, State of
Washington. .
. All'interested persons are encouraged to appeak and
• be heard. .
Publish in the Highline Times, 19 & 26 March 1975.
Gary Crutchfield, Secretary
Tukwila Board of Adjustment
1 .
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CITY OF TUKWILA:
WE THE UNDERSIGNED 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, WASHINGTON. WE APPRECIATE THE ADDED SECURITY OF THE WATCH-
MAN THAT OCCUPIES THE TRAILER HOUSE BEING IN THE IMMEDIA . CINITY.
ADDRESS
PHONE NUMBER
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NAME
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PHONE NUMBER
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ADDRESS / 3 7 '7/ 7-17 2i' ADDRESS
PHONE NUMBER C, 0
NAME
PHONE NUMBER
MARCH 31, 1977
City of Tukwila
Planning Department
6230 Southcenter Blvd.
Tukwila, Washington
Gentlemen:
March 7, 1975
We appreciate your reviewing our Application for Variance.
West Coast Truck Lines is presently leasing the property from
Harold Rolph Corp. for use as a Truck Line Terminal. Since moving
to this location, we have improved the property in the following
ways:
1. Painted the offices inside and out.
2. Installed ceiling tile in the office.
3. More than complied with the fire inspection requirements.
4. Removed the condemned house on the corner of 47th and 134th
Place South. This was a fire and safety hazard to the
surrounding neighborhood.
5. Removed over 11 truck loads of debris that was scattered
throughout the area.
6. Leveled off and improved the land presently surrounding
the terminal and the land surrounding the proposed trailer
location.
7. Improved the electrical wiring in order to eliminate the
possibility of fires.
8. Utilized our manpower and equipment to help the county
roads department with the overflowing ditch across the street,
running parallel to 134th Place South.
The trailer that is being used by our yard man enables him to
oversee our facilities at night and to protect our facility and .
equipment against fire, theft, or damage, as well as that of the
surrounding neighborhood.
We are hopeful that you will allow us to use this trailer with
a holding tank for sewage, thereby eliminating a septic tank from
the area until city sewer lines are available.
We might add that we are asking for this variance only during
the time that West Coast Truck Lines are on the property and using
the trailer for the purpose outlined.
Yours truly,
Otto .
West Coast Truck Lines
Subscribed and sworn before me
this llth day of March , 19 75
AFFIDAVIT
P.O.Box 13368
(509) 926 1581
(Telephone)
Form C
Geo. R. Miller, Secretary - Treasurer
I, Harold Rolph Corp. $ 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.
Harold Rg h Corp
(Siginature of Contract Purchaser or owner)
(},cling Address)
Spokane, Washington 99213
City State `
FOR, OFFICE USE ONLY
Appl. No.
Receipt No.
Filing Date
Hearing Date
APPLICATION FOR VARIANCE
APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY:
Name West Coast Truck Lines, Inc. Address 4600 - 134th Place South
Tuckwila, Washington, Q8168
Property Petitioned for variance is located on 1 4th Place South
between 47th Ave. South and 133rd Road South
Total square footage in property 88,800 sguare feet, approximately
LEGAL DESCRIPTION OF P ROPERTY, Fostoria Garden Trs. Subdiv. Lots 7, 8, & 9. lilock 1,
Lots 10 -11 -- NE 15 - 2 - 04 or as spelled out in attached King County Dept. of
Assessments Real Property Records.
Planning Commission Action
City Council Action
Ordinance No. & Date
Telephone Noe 2 2 -616
Form B
3. What provisions will be made for adequate sewer and water service? We will
Existing Zoning M - 1 .
What are the uses you propose to develop on this prop zy? West Coast Truck Lines is
leasing this property for a truck terminal.
Number, of zerr anent off-street -stree parking r that will be provided on property?
trailers
with trailers + cars & proposed traileiumber 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 Proceduk.e sheet Item
No. 2 for specific minimum requirements.)
1. What provisions will be { made to screen adjacent and surrounding property from -sly
imcompatible effects which may arise as a result of the proposed land use classification
The trailer is located in an are that_ will not obstruct a_ny sir rnmdina r_ty_
view. The condemned house has been removed from the area and the_property has been
�._._
2. What provisions will be made to provide for necessary street widening tcr City
minimum standards? The proposed trailer location is oqf L7th AtTe. So. which
is a dead end street.
..... arran e to use a holdin &tank for sewa_e until the cit can ' st .
This will eliminate the present septic tank arrangement. Water i_ s suDnlied (see below)
4. Any other comments which the petitioner feels are appropriate The ,proposed trader
is to be used by an unmarried man for sleeping quarters. A night watchman be
available for safety_ and security of facilities• eouipment_ and cargo.
5. What hardship exists making this variance necessary? Without thi trai fo_r sleeping
uarters for our _Lard man it will increase the .oss'b'
damage of fa cilities, equ and interstate cargo.
•
3. Continued: by the property's well, and if city water lines become available, hook-
up will be made.