The URL can be used to link to this page

Home My WebLink AboutPermit 76-25-V - WHITEHOUSE TAVERN - PARKING AND LANDSCAPE VARIANCEmf 76-25-v 14935 interurban avenue south whitehouse tavern variance PARKING AND LANDSCAPE VARIANCE PARKS a RECREATION • 7 December 1976 Dear Mr. O'Sullivan: Sincerely, GC /cw 1 Gary Crutchfield Assistant Planner CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban .Avenue South Tukwila, Washington 98168 This correspondence is pursuant to my previous letter dated 20 October 1976 which provided you with forty -five (45) days in which to accomplish compliance with Section 18.56.040 of the Tukwila Municipal Code. Said section requires that the edge of parking area surface be no closer than forty -five (45) feet from the centerline of Interurban Avenue. On Friday, 3 December 1976, your premises was visited by Mr. Al Pieper, Building Officer, and myself to determine compliance with said regulation. It appears, as a result of that inspection, that the edge of the parking area surface is only 38-40 feet from the centerline of the Interurban Avenue right -of -way in spite of the 8 to 10 -foot wide landscape strip created running parallel with Interurban Avenue. Although an adequate setback of parked vehicles has been achieved, acknowledgment of compliance cannot be made in light of the circumstances. However, further compulsion has been deemed by the administration to be undue; hence, no further effort is presently required to fulfill the literal obligation of Section 18.56.040 (TMC) with the exception that one or two posts should be placed in front of the catch basin area so as to prevent vehicles being parked in that particular space since it effectively negates the entire setback objective. Be advised, however, that at such time as the Interurban Avenue right -of -way is affected by any public improvement project and the current setback becomes inade- quate, full compliance will be mandatory. I would like to thank you for your comprehension of the City's position in attempting to gain conformance with established rules and regulations. Should you desire any future assistance please contact this office at your convenience. cc: Dir, OCD - Bldg Off - Mayor Bauch 6230 Southcenter Boulevard ie Tukwila, Washington 98188 w (206) 242 -2177 r PARIS h RECREA1ICY October 20, 1976 Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue Tukwila, Washington 98188 Dear Mr. O'Sullivan: This office has reviewed the parking layout plan submitted by you to comply with Section 18.56.040 of the Tukwila Municipal Code (TMC). The plan is acceptable with the stipulation that the curb cut not exceed twenty -four (24) feet in width. This restriction is set forth under Sec- tion 18.56.040 (TMC), a copy of which is attached. We appreciate your cooperation in fulfilling the zoning requirements in conjunction with your business expansion. However, due to the extreme length of time since issuance of the Building Permit, we must sincerely limit the time in which the parking lot revision must be accomplished. We feel that forty -five (45) calendar days from date of this letter is more than reasonable and, should the requirements not be fulfilled within that time frame, we will have no alternative but to initiate appropriate legal action. Should you have any further questions please contact me at your convenience. Sincerel Gary Crutchfield Assistant Planner 'GC /cw Encl: as CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT 6230 oti thc2Jt Fi/ JAMES P. CURRAN CHARLES P. (PETE) CURRAN MELVIN L. KLEWENO, JR. STEPHEN L. JOHNSON THOMAS O. McELMEEL CPC /jam Mr. Gary Crutchfield Assistant Planner City of Tukwila 6230 Southcenter Blvd. Tukwila, WA 98188 Re: O'Sullivan Our file: 1373jam LAW OFFICES Curran, Kleweno, Johnson 45 Curran 213 4Th AVENUE SOUTH POST OFFICE BOX 26 Kent,Washington 9(3031 October 15, 1976 Dear Mr. Crutchfield: This letter will confirm our conversation of this date wherein it was agreed that my client, Jack O'Sullivan, will have .until October 20 to present a landscape plan to the City of Tukwila and that, furthermore, he will have approximately forty five days from approval of thelandscape plan to implement said plan. Should you have any further questions, please feel free to call. Yours truly, CUR • WENO,JOHNSON & CURRAN Charles P. Curran By 11) TELEPHONES ULRICK 2 -2345 ULRICK 2.2346 PLANNING PARKS L / RECREATION BUILDING 13 October 1976 TO: FILE FROM: Gary Crutchfiel SUBJECT: MEMORANDUM CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT istant Planner Code Enforcement - Whitehouse Tavern Telephone conversation between Mr. Pete Curran, attorney for Whitehouse Tavern, and myself regarding ten (10) day time limit to comply with Section 18.56.040 as stipulated in my letter addressed to Mr. O'Sullivan dated 8 October 1976. I informed Mr. Curran that I would allow thirty (30) days to accomplish the actual work if I received drawings of the work by 20 October 1976. Mr. Curran assured me that Mr. O'Sullivan can fulfill the requirements as discussed hereinabove. GC /cw PLANNING PARKS & RECREATION Ate BUILDING 8 October 1976 Mr. Jack O'Sullivan 14935 Interurban Avenue Tukwila, Washington 98188 Dear Mr. O'Sullivan: The Tukwila Board of Adjustment, at its regular meeting of 2 September 1976, conducted a public hearing in consideration of your request for variance from the requirements of Section 18.56.040 (parking area setback) of the Tukwila Municipal Code. Following the public hearing, the Board, at your request, tabled action on the matter until the regular October meeting to allow you to investigate alternative parking arrangements as discussed by the Board at that meeting. At the Boards regular October meeting conducted 7 October 1976, the matter was thoroughly discussed and the Board voted unanimously to deny the variance request based on the findings and conclusions outlined in the Staff Report dated 2 September 1976, a copy of which you were given at the regular September meeting. As you were informed at last evening's meeting, the decision of the Board is final unless you file an appeal in King County Superior Court within ten (10) days from the date of the meeting, 7 October 1976. Should you choose not to file an appeal, you are hereby requested to comply with the requirements set forth in Section 18.56.040 of the Tukwila Municipal Code within ten (10) days from date of receipt of this correspondence. Failure to do so will necessitate appropriate legal action by the City of Tukwila to ensure that such is accomplished. Please contact me at your convenience if I may be of any further assistance. y, (l. Gary Crutc ield Assistant Planner GC /cw cc: Mayor Bauch Chmn, Bd of Adj SENT CERTIFIED MAIL CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT Dir, OCD Bldg Div 6230 Southcenter Boulevard u 1'ukn•i1a, Washington 98188 a (206) 242 -2177 PLANNING PARKS h RECPEATI0u DUI LDIIIG CITY of T U K W I LA OFFICE of COMMUNITY DEVELOPMENT BOARD OF ADJUSTMENT Minutes of the Meeting, 7 October 1976. The regular October meeting of the Tukwila Board of Adjustment was called to order at 8:02 P.M. by Chairperson Altmayer. Other Board members present were: Mr. Hartong, Mr. Dow and Mr. Duffie. The Planning Division was represented by Gary Crutchfield, Assistant Planner. Mr. Crutchfield noted Mrs. Crain had in- dicated she would not be present. Motion by Mr. Duffie, seconded by Mr. Hartong and carried to approve the minutes of the regular September meeting as prepared. OLD BUSINESS riance - Whitehouse Tavern Chairperson Altmayer reminded the Board members that the public hearing for this matter was conducted and closed at the regular September meeting and action was tabled to this meeting to allow the applicant to investigate alternative means of complying with the setback requirement. Mr. Crutchfield stated that Mr. Ron Sanford, an owner of adjacent property, did not receive the notice mailed by the Planning Division due to an inaccurate address on the County assessor's records. However, Mr. Sanford had learned of the variance request and is in attendance. Explained the Board maintains the prerogative to accept any comments from the audience since the public hearing has been closed. Chairperson Altmayer stated the Board would be pleased to hear from Mr. Sanford. Mr. Ron Sanford, P.O. Box 176, Shelton, thanked the Board for their indulgence and presented a drawing depicting ownership of property along the west side of Interurban Avenue in the vicinity of the Whitehouse Tavern. Pointed out several parcels owned by himself, including 230 feet of frontage south of the tavern currently being used for tavern parking, all of which total close to 1000 feet 6230 Southcenter Boulevard m Tukwila, Washington 98188 m (206) 242 -2177 Board of Adjustment Page 2 Minutes 7 October 1976 of frontage. Agreed with the need for additional parking for the tavern and noted his property to the south of the tavern has been offered for sale to the tavern ownership for some time but no agreement has been accomplished. Noted he owns the property on which the gas station is located and the station owner has indicated to him that it is very dangerous to enter the Interurban Avenue traffic from the tavern parking lot during peak traffic flow because the cars parked along the edge of the tavern property obscure vision of the merging vehicles. Mr. Sanford stated he contemplates development of his vacant proper- ties some time in the future and desires to maintain the required 10 foot setback for both safety and aesthetic • enhancement. Mr. Jack Hunter, architect for the applicant, presented drawings which depict parking at an angle to Interurban with no setback but landscaping in those areas not used for parking and another which depicted the 10 foot setback with parallel parking along the setback strip of landscaping. Requested the Board grant the variance to allow the angle parking as indicated in the plan. Chairperson Altmayer noted the drawing which indicated parallel parking along the 10 foot setback strip fulfills the requirements of the Code and therefor negates any need for the variance. Mr. Sanford stated there is adequate parking room on his property to the south of the tavern and some agreement should be accomplished between Mr. O'Sullivan and himself. Board members discussed the effects of the precedence which may be established in this vicinity should the variance be granted. Mr. Crutchfield suggested the Board restrict their consideration to the six criteria of Section 18.72.010 and noted that the size of the property was not a problem until the applicant expanded the business, which displaced several parking spaces and created the need for 20 more spaces at the same time,' and therefor the problem which now exists is the result of actions taken solely by the applicant. Motion by Mr. Dow and seconded by Mr. Hartong to deny the variance based on the findings and conclusions outlined in the Staff Report dated 2 September 1976. Motion carried unanimously. There being no further business, motion by Mr. Hartong, seconded by Mr. Duffie and carried to adjourn the meeting. Chairperson Altmayer adjourned the regular October meeting at 8:40 P.M. Gary Crutchfield, Secretary Tukwila Board of Adjustment 7 October 1976 CITY OF TUKWILA PLANNING DIVISION BOARD OF ADJUSTMENT STAFF REPORT 8:00 P.M. AGENDA ITEM III A : VARIANCE - Whitehouse Tavern The public hearing on this matter was conducted and closed at the previous reg- ular meeting of 2 September 1976. The Board tabled the matter to this meeting at the request of the applicant's attorney. Staff has received no additional information from the applicant since the pre- vious meeting and, therefore, maintains the findings, conclusions and recommen- dation as outlined in the Staff Report dated 2 September 1976. BOARD OF ADJUSTMENT 7 October 1976 IV. . CALL TO ORDER II. APPROVAL. OF MINUTES: 2 September 1976. III. OLD BUSINESS A. VARIANCE: Whitehouse Tavern NEW BUSINESS . ANY OTHER BUSINESS VI. ADJOURNMENT PARKS d RECREATION BUILDING PLANNING 30 September 1976 Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue Tukwila, Washington 98188 Dear Mr. O'Sullivan: This correspondence is simply a reminder of the Board of Adjustment meeting . at which your application for variance will resume consideration. The meeting is scheduled for 8:00 P.M. Thursday, 7 October 1976 at the City Hall Council Chambers at 14475 - 59th Avenue South in Tukwila. Sincerel Gary Crutchf,!feld Assistant Planner GC /cw cc: Peter Curran, Attorney P.O. Box 26 Kent, WA 98031 CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT 6230 Southcenter Boulevard o Tukwila, Washington 93188 E. (206). 242 -2177 • PARKS L RECREATION Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue Tukwila, Washington 98168 Dear Mr. O'Sullivan: Sincerely, CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT 3 September 1976 The Tukwila Board of Adjustment, at its regular meeting of 2 September 1976, conducted a public hearing to consider your application for variance. The Board, at the request of Mr. Curran, your attorney, deferred action on the variance application until the regular October meeting to allow you to investigate alternatives discussed at the meeting. The regular October meeting will be conducted at 8:00 P.M. Thursday, 7 October 1976, at the City Hall Council Chambers located at 14475 - 59th Avenue South in Tukwila. Should you have any questions or desire any assistance please contact me at . your convenience. Gary Crutc field Assistant Planner GC /cw cc: Mr. Peter Curran, Attorney 6230 Southcenter Boulevard • Tukwila, Washington 98188 a (206) 242-2177 CITY of TUKWILA OFFICE of COMMUNITY OEVELOPMENT BOARD OF ADJUSTMENT Minutes of the Meeting, 2 September 1976. The regular September meeting of the Tukwila Board of Adjustment was called to order at 8:02 P.M. by Chairperson Altmayer. Other Board members present were: Mr. Hartong, Mr. Dow, Mrs. Crain and Mr. Duffie. The Planning Divi- sion was represented by Gary Crutchfield. Motion by Mr. Duffie, seconded by Mrs. Crain and carried to approve the minutes of the 3 June meeting as prepared. PUBLIC HEARING - VARIANCE (Whitehouse Tavern) Chairperson Altmayer opened the public hearing at 8:10 P.M. Mr. Crutchfield read the Staff Report explaining the nature of the variance application. Mr. Peter Curran, 213 - 4th Avenue South, Kent, attorney representing the applicant, stated his client's business is in jeopardy as a result of the setback requirement and the effective reduction of available parking spaces. There is not enough room at the north and south ends of the property to pro- vide parking. The tavern has been using the property to the south for parking but the owner of that parcel has indicated he will not sell for parking and may withdraw his agreement to allow the tavern to use it for parking at any time. Stated the applicant regards the loss of all twelve spaces as a critical problem and has proposed what he feels is a responsible and reasonable compromise. Mr. Crutchfield stated his agreement that the loss of parking spaces may well be a serious problem for the proprietor of the business but noted the expansion of the building area both displaced existing parking spaces and . created a need for 20 additional spaces. All of this is a direct result of the applicant's actions. Mr. Duffie stated the Board is here to help businesses not hinder them. Stated he had visited the Whitehouse Tavern and discussed the problem with Mr. O'Sullivan, the owner, and had concluded that the proposed compromise plan is an acceptable solution. 6230 5outhcontor Boulevard i Tukwila, Warhington 98188 a (206) 242 -2177 Board of Adjustment Page 2 Minutes 2 September 1976 Chairperson Altmayer pointed out that businesses must develop responsibly. The Board is here to enforce the municipal regulations in an equitable manner and grant variances when a demonstrated hardship exists. The Board must act responsibly and not forsake the health, safety and welfare of the community. Mr. Jack O'Sullivan, 14935 Interurban Avenue, stated he apparently had not fully understood the implications of the setback requirement at the time he was informed of it. Mr. Crutchfield displayed slides of the existing parking situation at the Whitehouse Tavern and parking areas with a ten foot setback — pointed out the significant difference in visibility. Considerable discussion ensued regarding alternate methods of complying with the setback and retaining some of the existing parking stalls. Mr. Curran suggested the Board table this matter until the regular October meeting to allow the applicant to investigate these alternatives. Motion by Mr. Duffie, seconded by Mr. Dow and carried to table this matter until the regular October meeting to allow the applicant to investigate alternative means of compliance. Chairperson Altmayer closed the public hearing at 8:55 P.M. 1977 Budget Review Mr. Crutchfield distributed the Board of Adjustment budget proposed by Staff for 1977. Explained the reductions in some accounts. Motion by Mrs. Crain, seconded. by Mr. Duffie and carried to approve the pro posed 1977 budget as presented by Staff. Motion by Mrs. Crain, seconded by Mr. Duffie and carried to adjourn the meeting. Chairperson Altmayer adjourned the meeting at 9:10 P.M. TUKWILA BOARD OF ADJUSTMENT Gar Crutchf e1d, Y Secretary CITY OF TUKWILA PLANNING DIVISION BOARD OF ADJUSTMENT STAFF REPORT 2 September 1976 8:00 P.M. AGENDA ITEM IV A : PUBLIC HEARING - VARIANCE SWhitehouse Tavern) REQUEST: VARIANCE from Section 18.56.040 (TMC) APPLICANT: Jack O'Sullivan, 14935 Interurban Avenue LOCATION: Whitehouse Tavern, 14935 Interurban Avenue ZONING: C -2 (Local Retail) COMPREHENSIVE PLAN: Commercial FINDINGS: 1. Section 18.56.020, adopted in 1957, states "Existing buildings or structures may provide off - street parking but must comply with the requirements of this chapter... ". 2. Section 18.56.030, adopted in 1957, states "Any off - street parking area already in use or established hereafter, shall not be reduced below the limits required by this chapter by the construction of any addition to a building or structure nor by the erection of an additional building or structure on the property." 3. The Whitehouse Tavern was moved to its present location under Building Permit #287 issued in January 1966 and for which there are no plans on record. 4. Section 18.56.110, adopted in 1957, requires one parking space for each 5 per- sons of capacity. 5. Section 18.56.040, adopted in December 1968 and after the construction of the Whitehouse Tavern, states "...The edge of parking area surface shall not be less than...forty -five feet...from the centerline of the street...for desig- nated arterials." 6. The Whitehouse Tavern applied for a Building Permit in August 1975 to construct an addition to the existing building. 7. The administrative staff, in review of additions to existing structures, reviews the entire site and building as a new development. 8. In its review of the site plan, the administrative staff required the edge of any parking area surface be no closer than 45 feet from the centerline of Interurban Avenue. This was required in accordance'with Sections 18.56.020, 18.56.030, and 18.56.040. Board of Adjustment Page 2 Staff Report 2 September 1976 9. Building Permit #762 was issued in August 1975 after conference with the applicant and contractor to clarify, on the plan for which the permit was issued, the setback requirement of Section 18.56.040. 10. In February 1976, it was noted by the administrative staff the requirement of Section 18.56.040, as indicated on the approved site plan, had not been fulfilled. Several conversations with the applicant's attorney, both written and verbal, took place since February resulting in this application for variance. 11. The applicant desires to maintain a row of parking adjacent to the east property line, or 35 feet from the centerline of Interurban Avenue, a designated arterial. 12. There appears to be more than enough useable land area for additional parking spaces in the rear and to the south of the building. 13. The rationale for the setback requirements of Section 18.56.040 is quite obvious — Interurban Avenue is a major arterial with traffic flowing at 40 m.p.h. The parking of vehicles adjacent to the curb line of Interurban Avenue tends to obscure, either wholly or partially, the vision of vehicles attempting to enter the 40 m.p.h. traffic flow. 14. Three other Building Permits have been issued to developments (or redevelopments), since December 1968, along Interurban Avenue which required off - street parking (specifically the new 7 -11 store, an office building and the Pizza Oven) and all have provided for compliance with Section 18.56.040. CONCLUSIONS: 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; COMMENT: All three other Building Permits issued for developments (or redevel- opments) along Interurban Avenue since December 1968 have provided for compliance with Section 18.56.040. Thus, the granting of this variance would constitute a grant of special privelege. 2. That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; COMMENT: The subject property, prior to the additional construction, adequately supported a viable commercial use. No special circumstances exist relative to the size, shape, topography, location or surrounding of the property which deprives it of use rights and priveleges consistent with other properties. 3. That the special conditions and circumstances do not result from the actions of the applicant; COMMENT: No special circumstances, as described in Section 18.72.010 (2), are apparent. Board of Adjustment Page 3 Staff Report 2 September 1976 4. That the granting of such varinace 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; COMMENT: Public safety is the primary concern reflected by the requirements set forth under Section 18.56.040 and thr granting of this variance must be considered materially detrimental to the public welfare as it would perpetuate the hazardous merging of automobiles onto a major arterial. 5. The authorization of such variance will not adversely affect the implementa- tion of the comprehensive land use plan.; COMMENT: The Comprehensive Land Use Plan, as it exists today, would not be adversely affected by the granting of the variance. 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. COMMENT: As noted in Finding #14, all structures which require off - street parking and which were constructed after the effective date of Ordinance #533 have located their parking areas as set forth in Section 18.56.040. , Hence, a variance is not necessary to preserve a common property. right. The granting of this variance, in effect, would imply that any parking area already located closer to the adjacent street than required by Section 18.56.040 may remain indefinitely. RECOMMENDATION: Staff recommends the Board concur with the findings and conclusions of this Staff Report and, on the basis of those findings and conclusions, deny this variance request. 22..7 t ; \ x / 7 . 5 >i •1 ,t • r \ x \ \2 0.5 \ \ - \ j \65 • �G \ • 1 23.5 /59.0 x ( i; - J v J // 20.5 / /\ r •. • / 1.% I� • ,151 ST sr. /,'3.0 2/.5 .! I\ I • /72.5 X 2 2. 5 X 225 / •-- /75 Cultivated " 1 220 X / EXHIBIT "A" Vicinity Map VARIANCE - Whitehouse Tavern x /8. 0 (255 • \\ :'1 x ' 21.5 23.5 x 21.5 . 25. /60 X - -. i ce = ' ' * \ / y�'22.5 \� - \. 22.5 x;. 2 September 1976 I . CALL TO ORDER II.. APPROVAL OF MINUTES: III. OLD BUSINESS VI. ADJOURNMENT IV. NEW BUSINESS A. PUBLIC HEARING - VARIANCE (Whitehouse Tavern . ` ANY OTHER BUSINESS A. 1977 Budget Review I, Gary Crutchfield notice requirements of filled and a notice has Frank Todd 14446 - 59th Ave. So. Tukwila, WA 98188 Clara Aanerud 20650- 147th S.E. Kent, WA 98031 Diorio Construction 7265 - 2nd Ave. So. Seattle, WA 98108 Jack O'Sullivan 14935 Interurban Ave. Tukwila, WA 98188 Subscribed and sworn to before me this 19 Notary Public in and for the State of Washington, residing at AFFIDAVIT , being duly sworn, hereby declare that all legal Title 18 have been ful- been mailed to each of the following addresses. E. H. Sanford 4206 - 132nd N.E. Bellevue, WA 98005 T. S. Nakamura 14900 Interurban Ave. Tukwila, WA 98188 Stanley Berman & Siemon 1909 - 89th Place N.E. Bellevue, WA 98004 day of T.D ( b•k t'1 Lawrence closet 2 September 1976 • (date) CITY OF TUKWILA NOTICE OF PUBLIC HEARING 8:00 P.M. (time) Notice is hereby given that the Tukwila BOARD OF ADJUSTMENT will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th Avenue South, to consider a REQUEST FOR VARIANCE from Section 18.56.040 (TMC) to allow parking of vehicles within ten (10) feet of an arterial street on a parcel of property generally located at 14935 Interurban Avenue South. • All interested persons are encouraged to appear and be heard. Y• . Gary Crutchfield, Secretary Tukwila of Adjustment For further information, please contact Gary Crutchfield at 242 -2177. Published in the Renton Record- chronicle on 18 & 25 August 1976 CITY OF TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 9.8188 — — . S. Nakamura --- ----MOO -IterurbanAV - - - - - Tukwilaf, WA 98188 BICENTENNIAL * * * ". I p c;2—;4.Its:Tre41.C'.1.:f ex il • /1 T: ,......0 \ OF ADDF;' • - .....s....****Araiiierwooanosammorm*.r. ves■mosta■•■•■*1.0...XIMMOWlarn."97.11,A3041.06.."0.22ii*AdaaaM : 20 August 1976 Edgar D. Bauch, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 T. S. Nakamura 14900 Interurban Ave. Tukwila, WA 98188 Dear Property Owner: Please find attached a copy of a Public Notice informing you, as a nearby property owner, of a public hearing to be conducted at 8:00 P.M. Thursday, 2 September 1976, by the Tukwila Board of Adjustment to consider a request by the Whitehouse Tavern for a variance from the Tukwila Municipal Code requirement that parking of vehicles not occur within ten (10) feet of the edge of the right -of -way. If you have any comments concerning the proposed rezone you may voice them, at the public hearing. If you are unable to attend the hearing, the Office of Community Development will accept written comments prior to the hearing and will enter them into the record. Should you desire any further information, please contact me at 242- 2177.at your convenience. Sincerel Gary trutcfifield Assistant Planner GC /cw Encl: as OFFICE OF COMMUNITY DEVELOPMENT 2 September 1976 (date) CITY OF TUKWILA • NOTICE OF PUBLIC HEARING ,.. 8:00 P.M. (time) Notice is hereby given that the Tukwila BOARD OF ADJUSTMENT will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th Avenue South, to consider a REQUEST. FOR. VARIANCE from Section 18.56.040 (TMC) to allow parking of vehicles within ten (10). feet of an arterial street on a parcel of property generally located at 14935 Interurban Avenue South. • All interested persons are encouraged to appear and be heard. • . Gary Crutchfield, Secretary Tukwila Board of Adjustment For further information, please contact Gary Crutchfield at 242 -2177 Published in the Renton Record - Chronicle on _18 & 25 August 1976 STATE OF WASHINGTON COUNTY OF KING 18 dayof August August , , V.P.C. Form No. 87 Affidavit of Publication Subscribed and sworn to before me this ss. Barbara Campagna being first duly sworn on oath, deposes and says that s h e i s th e Chief c l e r of THE RENTON RECORD•CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record - Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Washington. That the annexed is a No t i c e of Public Hearing, Board of Adjustment - Request For Variance as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of two consecutive issues, commencing on the ,19 76 , and ending the 25.. day of August m ,19 ,both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. 25 eleveL' day of Notary Public in and for the State of . Washington, residing at Kent, King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. 20 August 1976 Edgar D. Bauch, Mayor CITY OF TUKWILA 6230 SOUTHCENTER BLVD. TU KW! LA, WASHINGTON 98067 Gary Crutchfield Assistant Planner GC/cw Encl: as OFFICE OF. COMMUNITY DEVELOPMENT Dear Property Owner: Please find attached a copy of a Public Notice informing you, as a nearby : property owner, of a public hearing to be conducted at 8:00 P.M. Thursday; 2 September 1976, by the Tukwila Board of Adjustment to consider.a request, by the. Whitehouse Tavern for a variance from the Tukwila Municipal Code requirement that parking of vehicles not occur within ten (10) feet of the edge of.the right-of-way. • If you any comments concerning the proposed rezone:you may Voice at the public hearing If you are unable to attend the hearing, the Office of Community Development will accept written comments prior to the hearing and will enter them.intO the record. Should you desire any further information, please contact meat 242-2177 at your convenience. Sincerely, 20 July 1976 C Edgar D. Bauch, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 DEPARTMENT OF COMMUNITY DEVELOPMENT Dear Mr. O'Sullivan: Mr. Jack O'Sullivan Whitehouse Tavern 14395 Interurban Avenue South Tukwila, Washington 98067 RE: Lack of compliance with the landscaping requirements for your addition to the Whitehouse Tavern premises. The City of Tukwila has been working with representatives of your firm since February of this year in attempting to have you comply with the landscaping pro- visions required in conjunction with the recent addition added to your building. We feel at this point that we have made all reasonable attempts to work with you . in reaching a satisfactory solution to the problem and have not had any success. This letter is to inform you that you are occupying the addition recently built to the Whitehouse Tavern facility without benefit of an occupancy permit issued by the City of Tukwila. This occupancy permit cannot be issued until you have met all the requirements of City laws as it relates to building permits. This letter is to advise you that the City of Tukwila intends to place a "Do Not Occupy" notice on the new addition on August 2, 1976, unless the requirements of the landscaping are completed by that time. The City intends to take action as necessary from that point to insure compliance with the landscaping provisions. This is not a requirement that is being placed upon you individually or intended to create a hardship for you. The intent of the City is to uniformly enforce the laws of the City and the longrun hope is that it will upgrade Interurban Avenue to the mutual advantage of all property owners in that area and the City. Sincerely, Al Peipe Code Enforcement Officer AP /KS /cw cc: J. P Curran; Curran, Kelweno, Johnson & Curran P.O. Box 26 Kent, WA 98031 ry Crutchfield 18 May 1976 Sincerely GC /cw Encl: as cc: Bldg Dep • Edgar D. Bauch, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT Curran, Kleweno, Johnson & Curran Post Office Box 26 Kent, Washington 98031 ATTN: Mr. James P. Curran RE: Landscape requirements for Whitehouse Tavern Dear Mr. Curran: Gary Crutch ield Assistant Planner 1 Please find attached a copy of an opinion regarding the applicability of zoning restrictions in conjunction with Buildings and Occupancy Permits. That opinion, issued by the law firm providing legal services to the City of Tukwila, represents the position of the City and this office. We trust this will provide you with a clear statement as to the City's position. Should you have any further questions, please contact this office at your convenience. F. A. LcSOURD WOOLVIN PATTEN DONALD D. FLEMING GEORGE M. HARTUNG. JR. LEON C. MISTEREK DWAYNF_ E.COPPLE THOMAS 0. McLAUGHLIN PETER Lr.SOURD JOHN F'. COLGROVE C. DEAN LITTLF_ LAWRENCE E. HARD RODNEY J. WALDBAUM RICHARD P. MATTHEWS RE: ESOURD, PATTEN, FLEMING IIIRTUNG ATTORNEYS AT LAW 1300 SEATTLE TOWER SEATTLE, WASHINGTON 98101 (206) 621 -1040 riay 12, 1976 MEMORANDUM TO: Kjel'l Stoknes, Planning Director City of Tukwila FROM: D. William Toone, Jr. ri r h MAY 17198 >�7'' �v.► . • • WHETHER PLANNING DEPARTMENT CAN WITHHOLD BUILDING OCCUPANCY PERMITS UPON TIIE BASIS THAT • THE APPLICANT HAS'NOT COMPLIED.WITH PROVISIONS 'OF THE ZONING CODE . STEPHEN F. CFIADWICK ROOEFIT L. PALMER COUNSEL By letter dated March 15, 1976, the Planning Director of the City of Tukwila inquired whether the City can . withhold issuing occupancy permits required under the Tukwila Building . Code where the applicant is not yet in compliance with various requirements of the zoning code, such as adequate landscaping, parking lots, •etc, ••.• Tukwila Municipal Code 516.04.010 adopts the 1974 ver- sion of the Uniform Building Code. . Section 306 of the UI3C provides that no building shall be'used or occupied until the building officials have issued a certificate of occupancy. Section 306 further provides as follows: (c) Certificate Issued. After final inspection where it. is found that the building or structure. • .•complies with the provisions of this Code, the building official shall issue a certificate of occupancy which shall contain the following: • 4. A description of that portion of the building for which the.certificate is issued. 5. A statement that the described portion . of the building complies with the requirements of this Code for group and division of occup- ancy and the . use for which proposed occupancy is classified. STEPHEN J. CHADWICK 1803 -1031 WARREN R. SLEMMONS ORVILLE H. MILLS 1908 -1974 Merr!orandum May 12, 1976 Page Two An isolated reading of Section 306 would appear to specifically restrict the determination of whether the occupancy permit shall issue to considerations based upon the building code itself. The building official would not. have discretion in the matter.. However, a final determination. of the City's authority to issue or withhold occupancy permits cannot be. made until the provisions of the building code are read,in connection with the additional powers granted to the City by other runic ipal ordinances. For example, the provisions of the Tukwila' "Dangerous Building Code" (TMC 16.30.170) provides that the powers conferred by the Dangerous Building Code are in addi- tion to and supplemental to powers conferred by other laws. Therefore, even though the structure in question may comply with the provisions of the building code, if it is found to be a dangerous building for some unforeseen reason the build- ing officials would be entitled to prevent occupancy by refus- ing to issue an occupancy permit. Similarly, the provisions of the Tukwila Zoning Code provide' as follows: "TMC 18.04.010 Interpretation. In the interpre- tation and application of the provisions of this title,..such provision shall be held to be the .minimum requirements.adopted for the promotion of the health, safety, morals, or the general welfare of the community . . . Provided, however, that where this title imposes a greater restric- . tion upon the use, erection, alteration or exten- sion of buildings, .or use of land, . . . the provisions of this. title shall control. "• It would therefore appear that the additional require- ments imposed by the zoning code may properly be regulated through issuance of the occupancy permit. Such an interpre- tation is consistent with the decisions by recognized author- ities in the field of municipal law. McQuillin on Municipal Corporations at Sections 25.148 and 2.5.149 states as follows: "A 'certificate of occupancy may be a, certificate • • obtained from an inspector of buildings or other official, upon written application, which state that the use contemplated complies with zoning and building code regulations. Memorandum May 12, 1976 Page Three DWT :pa • "Thus, a building inspector or officer may be governed by the provisions of zoning regula- tions with respect to the issuance of permits. Indeed, in issuing permits a building engineer or officer may be required to follow strictly .. the provisions of a zoning ordinance. And generally 'a permit for a structure or use in violation of a zoning ordinance should °be•. refused. " • The language of the existing Tukwila ordinance is obviously less than clear -cut. However, the foregoing inter -.• pretation which predicates issuance of the occupancy permit upon compliance with not only the building code but also the compliance with the applicable zoning code is a reasonable • interpretation of the existing ordinances which is consistent with the position taken by recognized authorities and support- ing case law :from other jurisdictions. The ideal alternative would be.to amend either the zoning code or the building code to provide that issuance of the occupancy permit described in Section 306 be specifically conditioned upon the applicant's compliance with the additional• requirements of the zoning code. However, even in the absence of such an amendment, it would appear that the City under existing law may properly withhold issuance of the occupancy permit until the applicant complies with the requirements of the zoning code. JAMES P. CURRAN CHARLES PETER CURRAN MELVIN L. KLEWENO, JR. STEPHEN L. JOHNSON THOMAS 0. McELMEEL City of Tukwila 14475 - 59th Ave. So. Tukwila, WA 98067 JPC:jb cc: Mr. O'Sullivan LAW OFFICES Gurrdn, Kleweno, @ Johnson a Curran 213 41t1 AVENUE SOUTH POST OFFICE BOX 26 Kent,Washingion 95031 May 10, 1976 Attn: Kjell Stoknes RE: The landscaping requirements for Whitehouse Tavern Gentlemen: It was really disappointing to receive your May 4 letter directed to Mr. O'Sullivan. I had been meeting in good faith with Gary Crutchfield trying to solve the problem in some reasonable manner without damaging the Whitehouse Tavern. At the last meeting that we attended, it was agreed between Mr. Gary Crutchfield, Mr. Kjell Stoknes and myself that before.we proceeded further the City Attorney of City of Tukwila would be contacted to determine what his interpretation of the ordinance on this matter was. I had raised with these gentlemen a serious question as to whether or not the City was permitted under the ordinance to require landscaping for existing facilities. As you know, the Whitehouse Tavern had been there a long time before the issuance of the building permit for the addition. I thought and was reasonably assured that no further action would be taken until an opinion of the City Attorney had been received. We did not hear anything from the Planning Department by the 23rd of April on this and thereafter I had my assistant call Mr. Crutch- field to determine whether or not they had secured the opinion of the attorney. At that time, she was informed that they had not yet forwarded the matter for the attorney's attention. I am now wondering what happened to our agreement to secure an opinion from the City Attorney before proceeding further. Very truly yours CU RAN, KLEWE / mes Y.- urran sp itatvED MAY 1975 ply Olt WON" TELEPHONES (206) 852-2345 (206) 852-2346 JOHNSON & CURRAN May 4, 1976 CITY. OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Mr. Larry Hard 1300 Seattle, Tower Seattle, Washington 98101 RE: Noncompliance with landscaping requirements on a building permit Dear Larry: This is a request for you to initiate action against the Whitehouse Tavern and Cafe at 14935 Interurban Avenue South for their lack of compliance with the landscape requirements of the Tukwila Municipal Code as placed on their building permit at such time as they expanded in the latter part of 1975. Please find attached some information relevant to your needs, including a copy of his business license application which has been withheld since they have not complied with the landscape requirements of the building permit. • Also, no occupancy permit has been issued to the addition to the Whitehouse Tavern for the same reason that the landscape requirements have not been complied with. We have met with Mr. O'Sullivan's Attorney several times and tried to solve the problem within staff. Since compliance with the landscaping requirements would cause major problems to the parking layout we have not been able to resolve the conflict and staff has no alternative but to turn the matter over to you for further processing. Mr. O'Sullivan has one remedy which could save any action if he chooses to initiate it. That is, the application for variance waiving the landscape requirements along his property. This is an avenue that we have informed his attorney, Mr. James Curren of, however there has been no action on.•any- one's part yet to pursue this. If you have any further questions on this matter or if there is any more infor- mation I can provide you, please let me know. Very truly yours, ell Stoknes Planning Director Edgar D. Bauch, Mayor KS /cw cc: Mayor Bauch Gary Crutchfield Al Pieper 7 @ M ACMT N 1 GC /cw cc: Kjell Stoknes f MEMORANDUM CITY of TUKWILA PLANNING DEPARTMENT TO: FILE FROM: Gary Crutchfi el j ,K�4Ssi stant Planner SUBJECT: Code Violation - Whitehouse Tavern DATE: 8 April 1976 Kjell Stoknes, Planning Director, and I met with Mr. James Curran, attorney, to discuss the problems encountered in their effort to redesign the parking lot to provide the required landscaped setback of ten feet along the frontage on Interurban Avenue. Mr. Curran explained that an architect had recently studied the situation and had indicated that the best revision of the parking lot layout would still result in the loss of eleven parking spaces. Mr. Curran noted this is of considerable concern to his client due to the need for as much parking as possible to accomodate the patrons. Mr. Curran further questioned the authority of the City to require conformance to landscaping and setback requirements by that portion of the parking lot in existence prior to creation of the land- scaping and setback requirements. I explained the underlying problem in this matter is not the ability on the part of the Whitehouse Tavern to provide a parking lot which conforms to the setback and landscaping requirements as well as the minimum number of spaces; but rather it is the desire of the Whitehouse Tavern to maintain every square foot of land possible for parking purposes due to the fact his recently expanded business is generating a higher number of vehicles which must be accomodated in . terms of parking. Further explained that purchase of additional land could provide the amount of parking deemed necessary by the owner yet allow confor- mance to the setback and landscape requirements. Mr. Stoknes explained that he would contact the City Attorney to determine the City's authority to require conformance to Sections 18.56.040 and 18.56.050 in the near future. In any case, the entire matter will be handed over to the City Attorney on 23 April 1976 if a settlement is not reached by that time. • May 7, 1976 D. Bauch, Mayor CITY OF TUK ILA '( "4"i/M o K ell Stoknes Planning Director KS /cw 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue South Tukwila, Washington 98067 Thank you for cooperating in this matter. Very truly yours, cc: Mr. Larry Hard Assistant City Attorney LaSourd, Patten, Fleming and Hartung 1300 Seattle Tower Seattle, WA 98101 RE: Landscape requirements Dear Mr. O'Sullivan: I was contacted by Mr. O'Donnell of Moore Clear Company today and he informed me that he had been retained by yourself to do landscaping requirements for the Whitehouse Tavern Property. Mr. O'Donnell has assured us that the landscaping would be completed within the next two or three weeks consistent with the requirements as shown on the building permit. Please be advised that the City Attorney will not pursue action on this matter if this time table is met. Edgar D. Bauch, Mayor May 4, 1976 CITY. OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue South Tukwila, Washington 98067 RE: The landscaping requirements as required for your addition to the Whitehouse Tavern. Dear I4r. O'Sullivan: As you were advised in Mr. Gary Crutchfield's letter of 24 March 1976, the deadline was placed upon when the completion of your landscaping requirements needed to be met. This date was 23 April 1976. I recently did drive by, your premises and observed that you have not to this date complied with the landscaping requirements. Based on this, I regretfully must inform you that the City has had no alternative but to turn this matter over to our City Attorney for further action to seek compliance with the • Building Permit as issued. We informed your attorney, Mr. James Curren, during a meeting with him on 8 April 1976 that if no action had been taken by 23 April 1976 that the matter would be turned over to our City Attorney for further action. Very truly yours, KS /cw - 49P44.eo jell Stoknes lanning Director cc: Mr. James Curren 213 - 4th Avenue South Kent, Washington 98031 Mayor Bauch Gary Crutchfield Larry Hard WhOCAVVrie.•Ftle JAMES P. CURRAN CHARLES P. (PETE) CURRAN MELVIN L. KLEWENO, JR. STEPHEN L. JOHNSON THOMAS O. McELMEEL Dear Gary: f Mr. Gary Crutchfield Assistant Planner City of Tukwila 14475 - 59th Avenue So. Tukwila, WA 98067 RE: Jack O'Sullivan Whitehouse Tavern LAW OFFICES Curran, Kleweno, Johnson 45 Curran 213 4It1 AVENUE SOUTH POST OFFICE BOX 26 Kent,Washinjion 98031 March 26, 1976 TELEPHONES ULRICK 2-2345 ULRICK 2-2346 Responding to your letters of February 11 and March 24 in the above matter, we wish to communicate further with you upon the matter. I have carefully gone over the situation with reference to parking on the site with Mr. O'Sullivan and we have jointly concluded that revision of the parking would not make provision for more parking. We have also concluded that his parking lot is substantially full many times during the day, if not actually completely full. He has authorized me to contact a qualified architect to study the existing plan and make a determination whether or not there is a better parking arrangement. If this is not too costly, he will authorize the work to be performed. I would further like to call your attention to the fact that Mr. O'Sullivan suggests to me that there are other properties. on Inter- urban Avenue South north of his property that have been constructed since the date of the ordinance which you called to my attention, which properties have not provided the ten(10) foot landscaping and setback as requested in this case. I would like your comments as to whether there is any validity to that specific statement. Finally, we will make every effort to proceed as rapidly as possible with our further investigation and development of this so that we can respond to you by April 23, 1976. JPC:jb Very truly yours, CU1 N, ' KLEWENO & CURRAN zJai "s `P. Cu L.. GC /cw Edc. J. Bauch, Mayor CITY of TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue South Tukwila, Washington 98067 Dear Mr. O'Sullivan: Your attorney, Mr. Jim Curran, met with Kjell Stoknes, Planning Director, and I last Thursday morning, 18 March 1976, to discuss the required landscaped setback along Interurban Avenue in relation to your off - street parking facilities. Mr. Curran noted your major concern of losing several parking spaces in your effort to conform to the setback requirement. Our discussion led to the general conclusion that although some of the existing parking spaces would be lost in the front of the building, the number of parking spaces could actually be increased through employment of a better parking /circulation design within your property. Thus, the landscaped setback requirement could be fulfilled while actually increasing the amount of useable parking spaces in order to further ensure the longevity of your business operation. This office respectfully urges your employment of a licensed architect to design a parking layout which will utilize your property to its fullest advantage yet conform to the related municipal requirements. Finally, my previous letter dated 11 February 1976 indicated the City's desire to see action taken on the matter by 15 March 1976. In consideration of our discussion with Mr. Curran and acknowledgement of your concern, this office considers 23 April 1976 an appropriate deadline which will allow you adequate time for design as well as install landscaping before the planting season expires. Should you or Mr. Curran have any questions or desire to discuss the matter any further, please do not hesitate to contact me. Si ncer Ad I" Gary Crutch ield Assistant lanner cc: Mr. James Curran, Attorney Mayor Bauch Ping Dir Bldg Dir 24 March 1976 TO: FILE FROM: Gary Crutchfield SUBJECT: CODE ENFORCEMENT - Whitehouse Tavern GC /cw cc: Kj el l Fred C MEMORANDUM CITY of TUKWILA PLANNING DEPARTMENT C .. ,!::;; DATE: 13 Feb.1976 I reviewed the site plan in August 1975 submitted for a Building Permit to construct an additional 1,500 square feet of floor area to the existing Whitehouse Tavern located at 14935 Interurban Avenue. The site plan was not detailed enough to indicate adequate and useable parking nor legal ownerships After a conversation with Mr. Jack O'Sullivan, owner of the Whitehouse Tavern, and the contractor (whose name I do not recall), the plans were clarified enough to facilitate adequate review. Completion of my review led to the conclusion that, in light of Sections 18.56.040 and 18.56.050 of the Tukwila Municipal Code (TMC), a landscaped strip of ten (10) feet in width must be provided along the entire length of the property frontage on Interurban Avenue. The contractor, when requesting a Building Permit be issued, was informed of the above- referenced requirements and agreed to the noting of the plans to indicate the requirements so as not to hold up the permit to simply revise the site plan to depict compliance with those particular requirements. Thus, the Building Permit was issued with the landscaped setback requirement noted on the site plan upon which Building Permit #762 was issued. It is now near mid- February, the additional floor area has been constructed and occupied for some time, but the landscaped strip along Interurban Avenue has not been provided. I have requested the City Clerk's office withhold issuance of a business license renewal and the Building Department withhold issuance of an Occupancy Permit until such time as the requirements of Sections 18.56.040 and 18.56.050,are fulfilled. Dear Mr. O'Sullivan: Sincere Gary Crutchfi d Assistant P1 nner GC /cw cc: Mayor Bauch Ping Dir Bldg Dir Pub Wks Dir c Edgar D. Bauch, Mayor CITY OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Mr. Jack O'Sullivan Whitehouse Tavern 14935 Interurban Avenue South Tukwila, Washington 98067 C 11 February 1976 As you may recall, the approval by this office•in August 1975 of Building Permit #762 to allow construction of an addition to the Whitehouse Tavern, included written notation on the site plan of the requirement of Sections 18.56.040 and 18.56.050 of the Tukwila Municipal Code (TMC) to provide a ten (10) foot wide landscape strip along the entire length of your property frontage on Interurban Avenue. That Building Permit was issued in August 1975 and the construction has been completed and occupied for some time now without benefit of an Occupancy Permit and without compliance with the requirements of Section 18.56.040 and 18.56.050 (TMC). This letter is to serve as a written reminder of the referenced requirements which we trust you will comply with prior to the end of this winter's planting season. Such plantings should be of a low growing variety so as not to obscure the vision of your patrons as they exit from the parking area. Please do not hesitate to come into the office as there are some details to iron out regarding the type of plantings, etc. We would appreciate being contacted regarding this matter prior to 15 March 1976 to ensure that compliance with the afore - mentioned requirements is being pursued. MEMORANDUM CITY of T U KW I LA PLANNING DEPARTMENT TO: Gary FROM: Kjell p' SUBJECT: Whitehouse Tavern Landscaping Requirements DATE: Feb. 9, 1976 Gary, as you know the Whitehouse Tavern has not complied with the landscaping requirements of the Tukwila Zoning Ordinance. I would like you to do the following steps: 1. Put together a memorandum of findings of fact regarding the steps that have occured in the Whitehouse building permit and the reasons why landscaping were required. I already have a file started on the Whitehouse Tavern under code enforcement in the same drawer as the master file. 4. Give them a final deadline to work on. I would recommend that if they have not met with us to establish a final date by March 15, 1976, that this same date be the date that their landscaping must be in place. If we haven't talked to them by that date or they haven't complied with the landscaping requirements, on March 16, 1976 we will send them a certified letter return receipt requested giving them 10 days from the time of • receipt of the letter to complete the landscaping or the City will take action as necessary to enforce compliance with the City laws.. 5. You should recommend that they plant the type of landscaping that will not grow higher than 3 feet or lower than 10 feet. That is, low grow- ing shruberies and deciduous type street trees with minimal or no branches below ten feet in height. Please keep on top of this Gary because we do have to demonstrate that we are staying active in the enforcement process or we will get thrown out of court in case we ever go there. KS /cw 2. Send a letter out to the Whitehouse Tavern prior to or on February 20, 1976, informing them that they have not complied with the landscaping requirements of the City and that we expect it to be completed prior to the planting season ending during this year. 3. Encourage them to come and talk to us regarding the specific landscaping items, keeping in mind the importance of visibility between curb cuts and Interurban Avenue. TO S .T� LL DATE `ID() CO Q MINI-MEMO SUBJECT 60 HrTC" (+0 0 Tot/ 2 /U ,49-A/D .SCAFfA C/ng 3, ,s 74 7 5 UIL.D i "I) 6 SIGNED 6V /C �rZGC SIGNED Edgar D. Bauch Mayor City of Tukwila 14475 - 59th Ave. So. Tukwila, Washington 98067 242 -7150 r r z Cm C. j�L�f15 E I\ e7er /Y) L?` /1"1D v .5 E D C1H 767' DATE z - 5 7 -'.e/n .5 REPLY RETAIN WHITE COPY FOR OUR FILE. SEND ❑ YELLOW, ❑ PINK COPY TO CUSTOMER. ❑ NO REPLY NECESSARY p PLEASE REPLY ❑ TELEPHONE ❑ RETURN ENCLOSED MEMO WITH REPLY MEMORANDUM CITY of TUKWILA PLANNING DEPARTMENT TO: Mayor Bauch FROM: Kjell Stoknes SU BJECT: Enforcement of landscape requirements related to building permit on Whitehouse Tavern When a building permit was issued on the above property on Interurban Avenue for an addition, part of the requirement shown was a landscape requirement adjacent to the right -of -way on the private property. This requirement was based on the following: 1. Since Interurban Avenue is a designated arterial, no parking surface can be closer than 45 feet of the center line. The property line is approximately 35 feet from the center line thereby leaving a 10 foot area that can not be used for parking. Reference TMC 18.56.040 2. Offstreet loading and parking facilities shall be arranged to provide partial screening from public rights -of -way and adjacent residential areas by means of decorative walls and /or evergreen landscaping, and /or other parts of the building. Screening shall be at least 3/4 as high as truck projection above average surrounding ground elevation. Reference TMC 18.56.050. Based upon the above it was required that the 10 feet between the right -of -way and 45 feet from the center line of Interurban Avenue should be landscaped. Problem Statement: At this point the addition to the Whitehouse Tavern is presently being occupied by the owner. No occupancy permit has been granted by the Building Department nor has a business license been cleared. I would like to send a letter to Mr. Jack O'Sullivan, the owner and manager, stating that if he does not comply with the requirements of landscaping by March 31, 1976, that the City will take whatever action necessary to insure conformance with the landscaping requirements as stated above. Will you support this type of letter and authorize the City Attorney if necessary to follow through on seeking compliance? I will hold off taking any action until I get a responce from your office on this. KS /cw USE op , ta• tfrr /S ^ u' G s 11612-4 1 7v C t' ...i fv7- ti2u2t3 O LP PJ Mc $P1 toG StiOV L0 B>� L— ^ 0 — 6 ge Vrttn. DATE: Fe b. 3, 1976 ' OK80$ R.d in) �' . �. •` \� \' . ' • "� \ \ \ ; 5,. ?,.s: RECEI T ' ' �` D ate / .,_ , _� .n. , IN/ From . ' Received Fro Ad ress ' 1 93.3'. c2 - • ;'`= a .. cTa bolicrrs $ ?•$ 1l6 .' For f �Q�-c ..,..-.42;,,, ACCOUNT.. ;. r HOW PAID - AMT OF ACCOUNT CASH D AMT. PAID ;'. CHECK fi ACANCE . MONEY i ' OK80$ R.d in) AFFIDAVIT , being duly sworn, declare that . I am the c••' = ct purchase or owner of the property involved in this application and that 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. // ature of C ract Purchaser or owner /4 �S � ti e-e oe g ,�� Mailing Address) (City] in and for the State of Washington, Form C f (State) C7--, 714;7 (Telephone) NO. OF EMPLOYEES r LOCAL MANAGER\/ Name Check whether INDIVIDUAL CITY OF TUKWILA 14475 - 59th Avenue So. Tukwila, Washington 98067 „ of the Clerk x 1150 0. :License Fee due January 1st or upon opening date of business; Fee to Please PRINT or TYPE information and FILL IN ALL THE BLANKS. ANNUAL BUSINESS LICENSE APPLICATION I hereby make application for: New business license Business license renewal X NAME OF BUSINESS 4/f/i% (46.2 SG = / l ,/ .L LOCAL BUSINESS ADDRESS . 5" vw ,�i . 4G5, .9iv BILLrNG ADDRESS cif 9 c TYB OF BUSINESS - IN DETAIL - Designate Retail, Wholesale, etc. and DO YOU USE OR STORE FLAMMABLE OR HAZARDOUS MATERIALS? 4/D IF SO, PLEASE STATE MATERIALS: SIZE OF PROPERTY (Sq. ft. or acres) SIZE or ALL FLOOR SPACE YOU USE y,.5';?° (Sq. ft.) NO. OF Residence Address PARTNERSHIP Date / C-S S_ KING STALLS accompany application. CORPORATION PHONE �3—/V type of product or service) one If INDIVIDUAL, list owner; If PARTNERSHIP, list partners; If CORPORATION, list officers. all giv- 'tie, residence address & phone nu m of each. L / ///(/ c)& ame it a Residence £d•ress /f7&' /7(5" 4 oC t97 /- Have you ever had a Tukwila Business License? Previous License No. r? - 7L5 OPENING DATE OF BUSINESS IN TUKWILA /►”/ /6/22_ /y7, LICENSE FEE: $25.00 WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES? ii - IF SO, PLEASE SPECIFY TYPE: Pull Tabs Card Room Other I hereby certify that the statements furnished by me on this,appi are true complete to the best of my knowledge and belief. DO NOT WRITE IN THIS SPACE • Bus. Lic. Issued: Date No. Check No. Clerk_ Building Planning Signed Titl n RECEof t- rst i E g€ U JAN 8 19 one In xteidit Washington State Tax Reglstratl lro. L Sections: (Continued) 18.56.050 Partial screening required -- Height. 18.56.055 Special screening requirements. 18.56.060 Parking for one to four family dwellings. 18.56.070 Apartments- -New structures. 18.56.080 Apartments -- Converted or remodeled structures, 18.56.090 Apartments -- Exceptions or modifications. 18.56.100 Apartments -- Minimum space allotment. 18.56.110 Places of public assembly -- Number of spaces. 18.56.120 Places of public assembly -- Methods of computation. 18.56.130 Places of public assembly -- Exceptions. 18.56.140 Hospitals, convalescent homes or institutions. 18.56.150 Group housing projects -- Community unit projects. 18.56.160 Office and professional buildings. 18.56.170 Business or commercial buildings. 18.56.180 Industrial buildings. 18.56.190 Hotel off - street loading. .18.56.200 Hospital and institution off - street loading. �.. 18.56.210 Business or commercial building off- street. loading. 18.56.010 Chapter application. The off - street parking spaces, as required by this chapter, shall apply to new structures only, or to units or additional assembly areas to be added to an existing structure. (Ord. 533 §15(part), 1968: Ord. 251 §4- 20(part), 1957). • 18.56.020 Compliance by existing buildings or struc- tures. Existing buildings or structures may provide off - street parking but must comply with the requirements of this chapter as to the location and construction of the parking space for such type of structure. However, the full com -. -. pliance with the number of spaces required need not be ful- filled. (Ord. 533 §15 (part) , 1968: Ord. 251 §4 -20 (part) , 1957). 18.56.030 Reduction of existing parking area. Any off - street parking area already in use or established hereafter, shall not be reduced below the required by this chap- ter by the construction of any addition t� a building or structure nor by the erection of an additional building or structure on the property. (Ord. 533 §15(part), Ord. 251 §4 -20 (part) , 1957) . .. • 18.56.040 Screening edge- -Edge of parking area surface. Where off - street parking is required, the front edge of the 297 (Tukw'ila 12/31/70) 18.56.05e -- 18.56. 055 screening for the parking area shall not be less than twenty - five feet from the centerline of streets in residential areas and thirty feet in other areas. Where screening is not required, the edge of the parking area surface shall not be less than thirty feet from the centerline of the street in residential areas and thirty -five feet in other areas for normal service streets, and forty -five feet for designated arterials. All parking areas shall have specific entrance and /or exit areas to the street, each with a maximum width of twenty - four feet at the property line except in industrial districts where forty feet is permitted; edge of curb cut or access shall be no closer than twenty feet from a corner property line, and more when required by the city supervisor for safe movement of vehicles or pedestrians. (Ord. 635 §17, 1970: Ord. 533 §15(part), 1968: Ord. 251 §4- 20(part), 1957). 18.56.050 Partial screening required -- Height. Off - street loading and parking facilities shall be arranged to provide screening from public rights -of -way and adjacent residential use areas by means of decorative walls and /or evergreen landscaping, and/or other parts of the building. Screening shall be at least three - fourths as high as truck projection above average surrounding ground elevation. (Ord. 524(part), 1968: Ord. 251 S4-20(part), 1957). 18.56.055 Special screening requirements. In addition to the screening and landscaping required in other parts of the zoning title, special setbacks, planting and screening shall be required in C -1, C -2, M -1, M -2 and C -M use districts when developing adjacent to or across a public way from ex- isting", C -P, R -M -H, R -4, R -3, R -2 R -1 use districts or land uses as follows: (1) A solid screen planting and /or decorative obscuring fence six feet high shall be provided along the boundaries of the C -1, C -2, M -1 and M -2 use districts. Except at streets, where landscape or treatment shall be as described in subdi- vision (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 per- mitted; (4) Utility easements and areas between property lines and curbing shall be landscaped and /or treated with dust and FOR OFFICE USE ONLY Appl . No. -- Receipt No. Filing Date Hearing Date Name White House Tavern • Seattle, Washington APPLICATION FOR VARIANCE Property Petitioned for variance is located on parallel with and 220 feet southerly of th southwesterly line of internrha.n aye #109001 the nce southeasterly along said a.vPniie and Form B Planning Commission Action -City Council-Action 17)-c---, Ordinance No. & Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS MEATLY AND ACCURATELY: Address 14935 Interurban South Telephone No, 242 -2842 Same between Total square footage in property LEGAL DESCRIPTION OF PROPERTY That portion of Tracts 22 & 23 Interurh n addition to Seattle, according to the plat thereof recorded in Vol. 10 of Plats Pa 55, r of Ki Count Washin - and of vacat cribed as follows: Be at the intersection of the easterly prof _ - -ion of a line • ri ht an les 150 .feet. thence northwesterly yara11e_ with acid avenilw'•1Ain feet; ti nor eas er y feet to point of beginning. Existing Zoning What are the uses you propose to develop on this property? Number of permanent off - street parking spaces that will be provided on property? _ Number required .� NOTICE TO APPLICANT: The following factors are con- sidered in reclassifying property or modifying regula- tions. Evidence or additional information you desire to submit to substantiate your request may be attached to this sheet. (See Application Procedu•e sheet Item No, 2 for specific minimum requirements.) 1. What provisions will be made to screen adjacent and surrounding property from any imcompatible effects which may arise as a result of the proposed land use classification There will be n Laue nant to said property • • •$ • .. • 2. What provisions will be made to provide for necessary street widening td - City minimum standards? None,, as ttbja.p,zzierty fares Tnternrhan Axr a.. - . ... .: are existing,,. 3. What provisions will be made for adequate sewer and water service? None. as sewer and watey�g vi alr eady PYiRt ,- �,,��,,�- ,� -,�„- ,�, 4. Any other comments which the petitioner feels are appropriate': Improvements of this nature are benefi tea] tJ th. prnpPrL , nnr a , e G . because of ,j.andscape imnoy t.s,,uc_PY1 - x .p aa ., - 5. What hardship exists making this variance necessary. Necessary parking in_ relation to business - In this ,sag to leag �'►"t_c varianr`P c, _ -- hardshi_p_on the prover owner in tha . would de�ease_the infl„Y .,f t y, therefore causing a loss of earned revenue. i w1-O 1•/ z 1w/ • • • G •.\\ • I � .. a sTAI►.�5 '�^ '. t' / / r •' F a r.r ivy • ../1241F LR ' RAP /A41't.$ • IfJTt_IZUFe,C>,h1 AVE. wr,•nr \ •.,.. • . ` 3 TN/0 - \\/LAY 'iRArFIC. 13 sTALLS • Ic=O 10:0 WAX-WAY' EX ISTIhJ G 32 .0' doe J" Rower ow isruPPE ',. rte r 4' a INT Stlt1PE ThP qq3 lI314LeQU w L4 JOSCARNA t 11•e0.Jt FOR'. %MITE Li= TAVERN y& . O 1 tI 1H111 INCH irrolurtrir 2 4 IF THIS MICROFILMED DOCUMENT IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DOCUMENT • 11 a \ / \ / . \\' }J. \� \\ . • ! [ - .. ✓ , N s "k\ j dad au s STO1J -S • •• . ' ^ • . \ 'L-s1 LLS . \ _ .- i . !. \ _..L � - r t "; `�. \ NV-. l I l I FrITTITIOTOTPTirtrillnlirrlin . " INCH 1 2 3 U.ITERURr✓4■.4 111 — l - IQ - 1RAFFIG IS • Itl -O 10 :0 YVA1.K -WAY EX ISTII...0 - 511i ..E. 1)&C 185.o• 152.0' NAT 5 6 (` I i 7 III 8 ,! FLEXIBLE RULER - 302AW SaIN�� of 6Z B6 LE 9Z SE 4Z EZ ZZ tZ O z 6l Bt Li st S l t l h 'Et Zl I OL I' 11111,11111 1111 ,1JU11111111,111. 1,►Ill �!�i�l1ii1 IL 1 III I1�� 1)11ni III ll i !I �IUI • Ilu,IILU.Ihli(I�1L1IlLhU1�I <1. 11111111 I111�II1u�1 .1,411�ullll11,011.1; 4 \ . , 1 IS 9fT'A41-9 .7 / / . d• rti+Nr spurs di. IF THIS MICROFILMED DOCUMENT IS LESS] CLEAR THAN THIS NOTICE, IT IS DUE TO; THE QUALITY OF THE ORIGINAL DOCUMENT; • rnF: 1,z , ..v 1qq35 ! NTmtuiCeolxi wl'wtbu3E 'fAVrizg COIL \tun 1.1CUSE TA 4:144 S - - 76 IM RNL1JA MA y&`. 4