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HomeMy WebLinkAboutPermit 75-16-V - MIDWAY WHOLESALE DISTRIBUTORS - VARIANCE75-16-V 13140 56TH AVENUE SOUTH MIDWAY WHOLESALE DISTRIBUTION VARIANCE r Frank Todd, Mayor CITY OF TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT Mr. Gary Uderitz Midway Wholesale Distribution 13140 - 56th Avenue South Tukwila, Washington 98168 Dear Mr. Uderitz: Sincere Gary Crutchfield Assistant Vlanner GC /cw cc: Mayor Todd Members, Bd of Adj Ping Dir COPY 3 October 1975 The Tukwila Board of Adjustment, at its meeting conducted 2 October 1975, considered your application for variance from Section 18.56.055 of the Tukwila Municipal Code. The Board, after conducting a public hearing and receiving comments from V 'proponents, opponents and staff, moved to deny the variance application on the basis the applicant could not demonstrate an unnecessary hardship as required by Section 18.72.010 of the Tukwila Municipal Code. Thus, full compliance with all landscape requirements is required including Section 18.56.055. Should you have any questions or desire any further information regarding this matter, please contact me at 242 -2177 at your convenience. Frank Todd, Mayor CITY of TUKW1LA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT BOARD OF ADJUSTMENT Minutes of the Meeting, 2 October 1975. The regular October meeting of the Tukwila Board of Adjustment was called to order at 8:07 P.M. by Vice- Chairperson Altmayer. Members present were: Mrs. Altmayer, Mr. Bauch and Mrs. Crain. Mr. Gary Crutchfield, Assistant Planner, represented the Planning Department. Vice - Chairperson Altmayer noted the resignation of Chairman Rogers Brown and the fact that two (2) members have resigned in as many months. This leaves three members on the Board and all three must be present to attain a quorum, in accordance with the By -laws. Motion by Mrs. Crain, seconded by Mr. Bauch and carried to direct a letter to the Mayor reminding him of the two vacancies now existing on the Board. Vice - Chairperson Altmayer called for approval of minutes. Motion by Mr. Bauch, seconded by Mrs. Crain and carried to approve the minutes of 21 August 1975 as prepared. Motion by Mr. Bauch, seconded by Mrs. Crain and carried to approve the minutes of the Special Meeting held 30 September 1975 at the site of the Val -Vue Sewer District lift station on 53rd Avenue South. OLD BUSINESS: A. Val -Vue Sewer District - Compliance with stipulations of variance. Vice - chairperson Altmayer read aloud the stipulations of the variance granted in November 1974. Mr. Bauch stated he feels no more public monies should be spent. However, feels the building was built for convenience and the use of such buildings should be restricted to protection of emergency generator buildings only and at such time as the generator is not needed or the use of the building changes to other than that, it should be removed. Board of Adjustment Page 2 Minutes of the Meeting 2 October 1975 Mrs. Crain stated she felt the Board could not restrict the use of the building in relation to the variance. Dwayne Traynor commented from the audience that there are so many instances . of incompatible land uses in residential areas that the Board should hold their ground. Mrs. Crain expressed frustration in terms of granting variances that are not enforced. Vice- Chairperson Altmayer expressed some disagreement with Val -Vue's estimate of compliance costs in relation to the Staff's estimate. Mr. Bauch expressed the opinion that any costs would come out of the operating expenses of the District which is funded by the residents within the District's service area. Mrs. Crain moved to reaffirm the stipulations of the original variance. Motion died for lack of a second. Mr. Bauch moved the original variance be amended to allow the building to exist as constructed with the use of such building being limited to the storage of the emergency generator only and no other use of the building allowed; in the event the emergency generator is no longer stored there, the building shall be removed. Motion died for lack of a second. Mr. Crutchfield suggested the Board defer action on this matter for one month due to the fact Chapter 18.72 restricts variances to one year unless the Board stipulates otherwise; they have not in this case. Motion by Mr. Bauch, seconded by Mrs. Crain and carried to defer action on this matter until the next regular meeting. NEW BUSINESS: A. PUBLIC HEARING - Variance Midwa Wholesale Distribution. Mr. Crutchfield described the proposed action and variance request by Midway Wholesale, located at 13140 - 56th Avenue South in that a variance has been requested from Section 18.56.055 (TMC). Vice- Chairperson Altmayer opened the Public Hearing at 8:45 P.M. Mr. Crutchfield read the findings of the Staff Report and explained the conclusions contained therein. Mr. Gary Uderitz, 13140 - 56th Avenue South, stated the new truck doors would be for loading only. Expressed disagreement with conclusions I1, 4 and 6 of. the Staff Report. Stated the cost of his proposal to provide tall screening Board of Adjustment Page 3 Minutes of the Meeting 2 October 1975 and fence would far exceed the cost of compliance with Section 18.56.055 and that he would blacktop the truck area to reduce the dust. Mr. Walter Kweeshen, 13048 - 57th Avenue South, asked what the building addi- tion is for. Mr. Uderitz stated it would be used for storage. Mr. Kweeshen voiced objection to any additional construction to facilitate expansion of the business -- it is very offensive in terms of dust. Mr. Crutchfield explained the variance request is from the landscape requirement and a building permit has been issued because the building addition complies with all restrictions in the fire, building and zoning codes. Vice- Chairperson Altmayer read letter from Mr. and Mrs. William Gadke, 13055 - 56th Avenue South, expressing their opposition to any variance or any construc- tion associated with this building due to the total residential character of the vicinity. Mr. Crutchfield submitted a letter from Mr. and Mrs. Stanley Mallory, 13049 - 56th Avenue South, as Exhibit "D" to the Staff Report. Vice - Chairperson Altmayer read the letter expressing opposition similar to Exhibit "C" (letter from Gadke). Mr. John Nadum, 13036 - 56th Avenue South, stated he cannot see any.additional problems created by the variance above and beyond the simple problem that it exists at all. Mr. Uderitz pointed out the persons writing the letters live on the street unaffected by the variance and that only 2 semis and 5 small trucks per week are associated with the business. Mr. Nadum pointed out the trucks associated with the Rendering Works are more numerous and offensive. Mr. Kweeshen stated he has observed 3 or 4 trucks per day at the Midway Whole- sale building. Mr. Uderitz disagreed with the assertion regarding the number of trucks. Mr. Dwayne Traynor, 14910 - 58th Avenue South, stated that although he does not live in the area of the variance request, he strongly opposes any variance from screening requirements. Mr. Bauch asked why the screening was not complied with when the building was constructed. Board of Adjustment Page 4 Minutes of the Meeting 2 October 1975 Mr. Crutchfield explained that Section 18.56.055 was adopted in 1970 and the building was built in 1967 thus, it existed in non - conpliance under the grandfather clause. However, since the building is being added on to, it is taken out of the realm of the grandfather clause and must comply with all appropriate codes. Mr. Traynor asked if all restrictions have been complied with. Emphasized the use of the streets and neighboring lawns to maneuver trucks into this property. Mr. Larry Siefert, 5630 South 133rd Street, stated 57th Avenue is only 30 feet wide and the dust created by the operation is very offensive. Mr. Traynor asked if the street is widened will the building be within the new right -of -way. Mr. Crutchfield answered no. Mr. Uderitz reiterated his proposal to asphalt and screen the frontage on 57th Avenue South. Mr. Traynor asked if the landscaping required by Section 18.56.055 would pro- vide a better screening effort than the proposed screening. Mr. Crutchfield stated if the proposed landscaping is carried out correctly, the proposed landscaping would be better in terms of screening than would the landscaping required by Section 18.56.055. Discussion ensued regarding landscape treatment and sizes. Vice- Chairperson Altmayer pointed out that the granting of this variance to Midway would constitute a grant of special privelege on the basis that any future developments in this zone and vicinity would be required to comply with Section 18.56.055. Mrs. Crain asked if any of the residents have any objections to the granting of this variance. No one spoke in opposition of the variance. Vice- Chairperson Altmayer closed the Public Hearing at 9:25 P.M. Motion by Mr. Bauch, seconded by Mrs. Crain and carried that based on the find- ings of the Staff Report and the conclusions that the variance application does not meet the criteria set forth in Section 18.72.010, the variance be denied. Board of Adjustment Minutes of the Meeting Gary Crutchfi- d, Secretary Tukwila Board of Adjustment Page 5 2 October 1975 Motion by Mrs. Crain, seconded by Mr. Bauch and carried to adjourn the regular meeting. Vice - Chairperson Altmayer adjourned the regular meeting at 9:35 P.M. I. CALL TO ORDER II. APPROVAL OF MINUTES III. OLD BUSINESS: CITY OF TUKWILA AGENDA BOARD OF ADJUSTMENT 2 October 1975 8:00 P.M. A. Val -Vue Sewer District — Compliance with stipulations of variance: IV. NEW BUSINESS: A. PUBLIC HEARING — Variance - Midway Wholesale Distribution V. ANY OTHER BUSINESS VI. ADJOURNMENT 2 October 1975 AGENDA ITEM TYPE OF REQUEST: APPLICANT: PROPERTY LOCATION: PROPERTY SIZE: CURRENT ZONING: COMPREHENSIVE PLAN: CITY OF TUKWILA STAFF REPORT BOARD OF ADJUSTMENT : Variance - Midway Wholesale Distribution VARIANCE from Section 18.56.055 Midway Wholesale Distribution 13140 - 56th Avenue South Approximately 1/2 acre . M -1 (Light Industry) Industry 8:00 P.M. DESCRIPTION OF PROPOSED ACTION: The applicant, occupant of the industrial building located at 13140 - 56th Avenue South, has proposed to add twenty (20) feet to the length of the existing building for additional storage space. Said building addition would include three (3) truck doors which would allow loading /unloading activities by trucks and require maneuvering room between the building and edge of right -of -way. Section 18.56.055 (TMC) requires fifteen (15) feet of landscaping be located along public rights -of -way when the industrial use is located adjacent to or across a public right -of -way from residential land uses. The provision of this landscaping would inhibit the access to the proposed truck doors and the applicant has requested a variance from the landscape requirements of Section 18.56.055. FINDINGS: 1. The subject property is zoned M -1 (Light Industry) and the current Comprehensive Plan indicates industrial land use for that portion of the surrounding land area within the city limits. 2. All surrounding land uses are residential in spite of the industrial zoning. 3. Section 18.56.055, subparagraph (3), explicitly prohibits outside storage in areas adjacent to residential uses. Staff Report Page 2 Board of Adjustment 2 October 1975 4. The applicant has proposed to add twenty (20) feet to the length of the existing building for additional storage space which would include three (3) truck doors. The truck doors would allow loading /unloading activities by trucks and require maneuvering room between the building and edge of right -of -way. 5. Section 18.56.055, subparagraph (2) requires that "a setback of fifteen (15) feet, landscaped, shall be provided on the street or public way frontages..." 6. If the twenty feet of building length were constructed and fifteen feet of landscaping provided along 57th Avenue South, only fifteen feet would remain between the landscaping and building for truck maneuvering. 7. The applicant has proposed to provide a four (4) foot high chain link fence along the edge of 57th Avenue and screen the building and truck maneuvering area by including cedar bush trees planted at 3 to .4 feet on center the entire length of the property frontage on 57th Avenue. (SEE, Exhibit "A ") 8. . The applicant has assured the city that should the variance not be granted, Section 18.56.055 will be complied with. (SEE, Exhibit "B ") 9. Section 18.56.055 is explicitly designed to protect residential land uses from the incompatibilities of more intensive land uses. CONCLUSIONS: The following conclusions are those arrived at for each respective criteria listed in Section 18.72.010 (criteria for granting variances). 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; and Since no other industrial developments exist in the vicinity, one must assume a new industrial development in the vicinity would be required to conform to all stipulations of Title 18 (TMC) including Section 18.56.055. If so, the granting of this variance would con- stitute a grant of special privelege as well as establish a precedence for future similar actions. 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; and Staff Report Page 3 Board of Adjustment 2 October 1975 The only circumstance creating the need for a variance from the requirements of Section 18.56.055 is the size of the property in relation to the size of the growing business which occupies the property. 3. That the special conditions and circumstances do not result from the actions of the applicant; and The only special circumstance is that of not enough land to accomplish the applicant's desire in conformity with the zoning title, a result from the proposed action of the applicant. 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; Since the requirements of Section 18.56.055 are explicitly intended to protect adjacent and surrounding residential land uses, the granting of a variance from such requirements must be deemed detrimental to the public welfare. 5. The authorization of such variance will not adversely affect the implementation of the comprehensive land use plan; The granting of the variance request would not adversely affect the implementation of the Comprehensive Land Use Plan. 6. That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. (Ord. 889 S13, 1974: Ord. 608 S1(1), 1970) . The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant since the property is being used in a manner consistent with the property rights of other property owners in the vicinity and same zone. RECOMMENDATION: Based on the findings and conclusions enumerated above, the Planning Department can only recommend the variance be denied on the basis that the request does not fulfil the criteria set forth in Section 18.72.010 (TMC). - *sof Atit . y'u1f -- - - - ... = (D 1 - put /41MA wt w pucamai (1;7. • H y no Grt'U P% i • i Xl�'IIN�r . r>re!v t.wAY attMrU9 Law►: '4,111/0 cm.xry x n._xc,K• x! x -Px TY se4 'I' c e rr /l,/ . Hed w� • (o' Seca,' t; 4vcw "4v/it a n.a :vf) i.,/ 1 rw�y r . • -- x t/ ( ;�Y • I- -_ r�%r } •i EXHIE'IT ''A S ife ?lm • I3140-50M Wholesale Dat • .1 O �: Cdq l 64AKO E,N 'tr A T , 2 H A22 {'",:. r com U,I TJA� !H r't CQ'.a i i' oTAr % ?r WAC 4 aTOH e''tr ofIVY Use. sn WHOLESALE 11) 13140 - 56th Avenue South . Seattle, Washington 98168 • (Area Code 206) / CHerry 3-4926 Planning Director; Please be advised that I will comply with the land- scape requirements to the Tukwila Zoning Ordinance or•as . varied by the Board of adjustments through a variance application. If the variance is denied, I will complete landscape requirements within 120 days of denial. ri August 22, 1975 r. ``Sincerely ary Uderit,. Vice Preside EXt4tBLT 8'I & X 41 17 "6 Mr. Gary Crutchfield, Secretary Tukwila Board of Adjustment City of Tukwila 6230 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Crutchfield: 13055 - 56th Avenue South Seattle, Washington 98168 Thank you for your consideration of this problem. Yours truly, William Gadke Dorothy Gadke mV E SEP 1975 • CM OF TUKW LA We are owners of Lot 14, East Riverton Garden Tracts, Second Addition, King County, Washington, and we specifically ask that no variance be allowed from Section 18.56.055 (Special Screening. Requirements), to Midway Wholesale Company. We especially feel that this building should never have been built in a residential neighborhood. A great deal of traffic is engendered by virtue of this warehouse, much of which makes a dangerous situation on the small bridge, and also which trucks illegally turn into our drive- way, disrupting and ruining the same, and also which trucks run across our neighbors' grass, all in an effort to have large semi trucks negotiate an entrance into the warehouse. Again, we oppose any variance or the allowance of any further building of this building in a residential neighborhood. 2 October 1975 (date) CITY OF TUKWILA NOTICE OF PUBLIC HEARING generally located at 13140 - 56th Avenue South 8:00 P.M. (time) Notice is hereby given that the Tukwila BOARD OF ADJUSTMENT will conduct a PUBLIC HEARING on . the above date at City Hall, 14475 - 59th Avenue South, to consider a request for VARIANCE from Section 18.56.055 (Special Screening Requirements) of the Tukwila Municipal Code for a development and legally. described as follows: Lots 49 & 50 of East Riverton Garden Tracts, 2nd Addition as per plat recorded in Volume 12.of plats; 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 Published in the Renton Chronicle on 17 & 24 September 1975 Mr. Gary Crutchfield, Secretary Tukwila Board of Adjustment City of Tukwila 6230 Southcenter Boulevard Tukwila, Washington 98188 Dear Mr. Crutchfield: Ewa 1) 13049 - 56th Avenue South Seattle, Washington 98168 We are owners of Lots 12 and 13, East Riverton Garden Tracts, Second Addition, King County, Washington, and we specifically ask that no variance be allowed from Section 18.56.055 (Special Screening Requirements), to Midway Wholesale Company. We especially feel that this building should never have been built in a residential neighborhood. A great deal of traffic is engendered by virtue of this warehouse, much of which makes a dangerous situation on the small bridge, and also which trucks run across our grass and into the neighbors' driveway to turn around. Again, we oppose any variance or the allowance of any further building of this building in a residential neighborhood. Thank you for your consideration of this problem. Yours truly, September 19, 1975 441 aV Staple . Mallory 0 ' ' )14 Patricia Mallory 1 EeEvE SEP 2 Ci 1975 CITY OF TUKWILA MID WAS WHOLESALE DISTRIBUTORS 13140. 56th Avenue South • Seattle, Washington 98168 • (Area Code 206) / CHerry 3.4926 WE HAVE A LIMITED STORAGE SPACE AT PRESENT, ADDED STORAGE SPACE FOR RAW MATERIAL (WOOD CHIPS) IS NEEDED. OUR BUSINESS HAS INCREASED IN THE LAST FEW MONTHS MAKING IT NECESSARY TO HAVE THIS STORAGE SPACE. OUR RAW MATERIAL COMES FROM THE MILLS IN THE SEATTLE AREA. THESE MILLS CLOSE DOWN IN THE WINTER MONTHS, THEREFORE IT IS NECESSARY THAT WE HAVE ENOUGH MATERIAL ON HAND THROUGH THESE CLOSURES TO MAINTAIN OUR BUSINESS. LAST YEAR THERE WAS AN ESTIMATED LOSS OF $40,000.00 BECAUSE OF LACK OF STORAGE SPACE. THIS EXTRA ADDITION HOPEFULLY WILL SEE US THROUGH THESE CRITICAL TIMES. THIS ADDITION WILL ALSO GREATLY IMPROVE THE APPEARANCE OF THE PROPERTY. I, �p�/ 6/17 7 /e-�u being du sworn, hereby declare that all legal notice requirements of `j g G If, 72. ,'I0 ( T*C) have been fulfilled and a notice has been mailed to each of the following addresses. 13022 - 56th Ave. 13030 - 56th Ave. 13036 - 56th Ave. 13035 - 57th Ave. 13039 - 57th Ave. 13042 - 56th Ave. 13045 - 57th Ave. 5701 Pamela Drive 13044 - 57th Ave. Subscribed and sworn before me this /Z..- day o Notary/Public in and or t e St to of-Washington, _residing at - AFFIDAVIT So. 13048 - 57th Ave. So. So. 5710 South 133rd Street So. 5630 South 133rd Street So. 5612 South 133rd Street So. 5602 South 133rd Street So. 13301 - 56th Ave. So. So. 13057 - 56th Ave. So. 13049 - 56th Ave. So. So. 13039 - 56th Ave. So. Y // Gary Crutchfield Assistant Planner MIDWAY WHOLESALE DISTRIBUTORS (Site Plan) 18.56.055 M- 1...use...developing...across a public way from existing...R -1 land uses...: 1. A solid screen planting and /or decorative obscuring fence six feet high shall be provided along the boundaries of the...M- 1...use. districts. Except at streets, where land scape or treatment shall be as described in subdivision (4) hereunder. 2. A setback of fifteen feet, landscaped, shall be provided on the street or public way frontages; this setback to be measured from the minimum building setback line, where no front yard is otherwise required. 3. Outside storage shall comply with C -M requirements except that screening shall consist "of a decorative obscuring fence and /or a solid screen planting of evergreens. In areas adjacent to residential uses, no outside storage shall be permitted. 4. Utility easements and areas between property lines and . curbing shall be landscaped and /or treated with dust and erosion control planting... 5. Detailed plans for landscaping and screening shall be sub- mitted with plans for building and site improvements and the certificate of occupancy shall not be issued prior to installation of landscaping and screening. FOR OFFICE USE ONLY Appl . No. S ' / V Receipt No. Filing Date L AtA _7 Hearing Date 2 OUT APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY: Name MIDWAY WHOLESALE DIST. Address 13140 56th AVE. SO. APPLICATION FOR VARIANCE Existing Zoning M 1 - • • What are the uses you propose to develop on this property? SEE ATTACHED SHEET MOMIIIMaaMMOMMO City Council.. Action Ordinance No & Date all of TUKWILA - -oA OF A D3U STM El T Action SEATTLE. __WASHINGTON X81 Telephone No. 243 -4926 Property Petitioned for variance is located on 56th AVE. SO between 56th AVE. SO. and __,,,_JJth AVE. SO. Total square footage . in property .22-56)C LEGAL DESCRIPTION OF PROPERTY LOTS 49 & 0 OF EAST RIVERTON GARDEN TRACTS 2nd, ADDITION AS PER PLAT RECORDED IN VOLUME 12 OF PLATS ON PAGE SITUATE IN THE COUNTY OF KING STATE OF WASHINGTON Number of permanent off - street parking spaces that will be provided on property? 12 Number required NOTICE TO APPLICANT: The following factors are con- sidered in reclassifying property or mt5difying 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 bey made to screen adjacent and surrounding property from any imcompatible effects which may arise as a result of the proposed land use classification CHAIN LINK FENCE, CEDAR SHRUB, ASPHALT DRIVE. IMMIIMMOIOMIMMOMMa 41.1.71.M. 2. What provisions will be made to provide for necessary street widening to City minimum standards? ASPHALT WILL BE BROUGHT UP TO EXISTING ROAD 3. What rovisions will b — e ee for adequate sewer and wa service? THI ma� ADDITION IS FOR STORAGE ONLY SEWER AN D WA TER SERVICE 4. Any other comments which thee petitioner feels are appropriate SEE ATTACHED SHE . What hardship exists making this variance necessary? SHORTAGE IN N STORAGE SPACE WHICH RESULTS IN LOSS OF BUSINESS.