HomeMy WebLinkAboutPermit L03-026 - TORGES BARBARA - CARGO CONTAINER SPECIAL PERMISSIONL03 -026
HAYEK' S
1015 ANDOVER PK W
PREPPED BY TERI H
(TEMP)
FILE NUMBER:
APPICANT:
OWNER:
REQUEST:
LOCATION:
City of Tukwila
Department of Community Development Steve Lancaster, Director
ASSOCIATED None
PERMITS:
SEPA
DETERMINATION: Exempt
Amended Notice of Decision
Prepared February 22, 2005
L03 -026
Barbara Torges, Manager
Hussein Hayek
Placement of cargo container that will be used for storage SPECIAL PERMISSION
1015 Andover Park West
COMPREHENSIVE PLAN
DESIGNATION: Tukwila Urban Center (TUC)
ZONE DESIGNATION: Tukwila Urban Center (TUC)
STAFF: Brandon J. Miles, Assistant Planner
FINDINGS:
Vicinity /Site Information
Project Description
The applicant had submitted an application to permit an existing cargo container at 1015 Andover
Park West. On November 1, 2004, the City of Tukwila issued a Notice of Decision denying the
application for the placement of the cargo container at the subject property.
Existing Development
The property is currently zoned Tukwila Urban Center (TUC) and is used for commercial operations.
Surrounding Land Uses
The surrounding properties are used for commercial activities.
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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SPECIAL PERMISSION CRITERIA
Cargo containers are permitted in the following commercial zones after receiving Special Permission
from the Director: Regional Commercial, Regional Commercial Mixed Use, Tukwila Urban Center,
and Commercial /Light Industrial.
TMC 18.50.060 notes the performance standards for the placement of cargo containers in the TUC
zoning:
1. Only two cargo containers will be allowed per lot, maximum length 40 feet.
2. The container is located to minimize the visual impacts to adjacent properties, parks, trails,
and rights -of -way as determined by the Director.
3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -
of -way, as determined by the Director. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind, between or within buildings.
4. If located adjacent to a building, the cargo container must be painted to match the building's
color.
5. Cargo containers may not occupy any required off - street parking spaces.
6. Cargo containers shall meet all setback requirements for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
CONCLUSION
The property's zoning does allow for the placement of a cargo container. The applicant has now
installed a fence, which screens the cargo container from view from all adjacent properties and the
public right of way. Additionally, cargo container meets all required setbacks in the TUC District.
The container is permitted to remain provided the screen is in place and the container meets all
setbacks.
APPEALS
This Notice of Decision may be appealed to the Hearing Examiner within 14 -days from issuance of
this Notice of Decision.
Appeal Materials shall include:
Nora Gierloff, Planning Supe
►sor
Date
1. The name of the appealing party.
2. The address and phone number of the appealing party, and if the appealing party is a
corporation, association or other group, the address and phone number of a contact person
authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision.
The Notice of Appeal shall state specific errors of fact or error in application of the law in the
decision being appealed; the harm suffered or anticipated by the appellant, and the relief
sought. The scope of an appeal shall be limited to matters or issues in the Notice of Appeal.
March 10, 2005
City of Tukwila
Office of the Hearing Examiner
City of Renton
1055 S. Grady Way
Renton, WA 98055
RE: Notice of Settlement, Hayek's Leather Furniture, L03 -026
Dear Hearing Examiner:
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Department of Community Development Steve Lancaster, Director
The above appeal is scheduled to go before you on March 22, 2005. Please note that the
appellant and the City have been working to resolve the land use violation and on February
22, 2005, the City issued an amended Notice of Decision allowing the cargo container on
the subject property to remain.
Attached please find a letter from the appellant withdrawing his request for a hearing before
the Hearing Examiner.
The City would move that the pending appeal be dismissed and the upcoming public
hearing be canceled.
If you have any questions, please call (206) 431 -3684 or send an email to
bmilcs @,ci.tukwila.wa.us.
Sir cerely,
/B I. ]V 1 s
Assistant Planner
cc. Hussien Hayek, Appellant
File (L03 -026)
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
IMMEMEMENEMEME: `g6;"
Steven M. Mullet, Mayor
March 7, 2005
Brandon J. Miles
Assistant Planner
City of Tukwila
Brandon Miles:
Sincerely,
Hussein Hayek
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Seattle: 79 Columbia St. • Seattle, WA 98104 • (206) 682 -4714 FAX: (206) 682 -1514
Lynnwood: 19417 36th Ave. West • Lynnwood, WA 98036 • (425)771 -5008
Southcenter: 1015 Andover Park West • Tukwila, WA 98188 • (206) 575 -3081
MAR 0 0 2005
DEy. o p l N
I am writing this letter in Tukwila at 1015 Andover park W to withdraw my hearing
request for our container next to my building. I understand that this container is now
allowed to stay and you have inspected it and approve it as it is stands today. Due too
your approval and under your request, I am writing to you that the hearing concerning this
container to be cancelled.
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February 21, 2004
Mr. Brandon J. Miles
Assistant Planner
City of Tukwila
This is to conform our conversation last Thursday February 17 in which I have
informed you that the fence around the container was completed. I would like to know if
you had a chance to inspect it. And if you approve of the work for fencing the container
then we would like to cancel our hearing meeting for tomorrow Tuesday February 22n .
If the container and its fence is not approved than I would like to ask for delay the hearing
to another time so we could do any other work you may required.
Sincerely,
Hussein Hayek
Seattle: 79 Columbia St. • Seattle, WA 98104 • (206) 682-4714 FAX: (206) 682 -1514
Lynnwood: 19417 36:h Ave. West • Lynnwood, WA 98036 • (425)771 -5008
Southcenter: 1015 Andover Park West • Tukwila, WA 98188 • (206) 575 -3081
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February 15, 2005
Mr. Hussein Hayek
Hayek's Leather Furniture, Inc.
790 Columbia St.
Seattle, WA 98104
Dear Mr. Hayek:
Today I conducted an inspection of the cargo container at 1015 Andover Park East. I
noticed that significant progress has been made to screen the cargo container to meet TMC
18.50.060.
As we agreed on the phone, the upcoming Hearing Examiner hearing on February 22, 2005
should be postponed to permit you to have more time to finish the fence. The hearing has
been rescheduled for March 22, 2005 at 1:30 PM.
If you have any questions, please call (206) 431 -3684 or send an email to
bmiles@ci.tukwila.wa.us.
City of Tukwila
rafidon J. Miles
Assistant Planner
cc. Shelley Kerslake, Cit Attorney
Fred Kaufman, He ng Examiner
File (L03 -026
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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December 21, 2004
Dear Mr. Hayek:
follows:
City of Tukwila
Department of Community Development Steve Lancaster, Director
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The City development standards for cargo containers in the Tukwila Urban Center are as p N.
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1. Only two cargo containers will be allowed per lots, maximum length 40 feet. U o
2. The container is located to minimize the visual impact to adjacent properties, parks, w z
trails, and rights of way as determined by the Director. v
3. The cargo container is sufficiently screened from adjacent properties, parks, trails, p l
and rights of way as determined by the Director. Screening may be a combination z
of solid fencing, landscaping, or the placement of cargo containers behind, between
or within buildings.
4. If located adjacent to a building, the cargo container must be painted to match the
building's color.
5. Cargo container may not occupy any required off - street parking spaces.
6. Cargo containers shall meet all setback requirements for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
Mr. Hussein Hayek
Hayek's Leather Furniture Inc
790 Columbia St.
Seattle, WA 98104
As I noted to you on the phone on December 17, 2004 (you had noted December 12, 2004
in your fax) when I conducted the inspection of the cargo container at 1015 Andover Park
West the screening installed was inadequate and did not meet the development standards in
TMC 18.50.060.
The cargo container on your property is highly visible from adjacent properties and Andover
Park West.
You have noted that perhaps moving the cargo container may be an option. This may in fact
be possible and if you do move the container, the City will use the above criteria to
determine if the container meets City Code. However, it is impossible for the City to sign
off on the cargo containers placement and screening until the work has actually been done.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Steven M. Mullet, Mayor
L andonj:Mile
Assistant Planner
cc. File (L03 -026
At
You currently have an appeal filed and pending with the City's Hearing Examiner. The
appeal hearing is scheduled to take place at 1:30 PM, January 18, 2005. The City is
prepared to proceed with the appeal. If you do not wish to proceed with the appeal you must
submit a letter to the City withdrawing your appeal request. Please note that if you
withdraw your appeal you will lose the right to appeal this matter in the future.
If you have any questions, please call (206) 431 -3684 or send an email to
bmiles@ci.tukwila.wa.us.
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December 20, 2004
Sincerely,
Hussein Hayek
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RECEIVED
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Mr. Brandon J. Miles or�v°��opMeTMrvr ��Q
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Assistant Planner w o
City of Tukwila I
Apparently my sales assistant was under the impression that you had said the tree height of 2 D
three to five feet with the whiskey barrels would be acceptable. We went ahead and o °
bought and planted the trees in the whiskey barrels but apparently this is not the case and I o 1-
am needing to rectify the problem. w w
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After asking you in our phone conversation on Friday what people do in this situation you "—" z
suggestion to either. di N
1. Plant tall trees l=
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2. Hide the containers behind the building z
I am following up on our phone conversation on Friday December 12, 2004 regarding
fencing our container with landscaping.
We have been having difficulties in finding trees of ten feet or higher at this time, since
there tall trees usually are available in the spring time. So we could either wait until spring
or we could raise height of the same trees that you inspected by placing the whiskey
barrels on a three feet concrete or wood blocks.
As for the second suggestion we would be willing to meet with you and place the
container behind our building in a place you think is appropriate.
Thank you for your assistance in the matter and look forward to your response .
Seattle; 79 Columbia St. • Seattle. WA 98104 • (206) 682 -4714 FAX: (206) 692-1514
Lynnwood; 19417 38e, Ave. West • Lynnwood. WA 99038 • (425)771 -5008
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November 15, 2004
Mr. Hussein Hayek
79 Columbia St.,
Seattle, WA 98104
City of Tukwila
Department of Community Development Steve Lancaster, Director
RE: HEARING DATE FOR NOTICE OF DECISION REGARDING INSTALLATION OF
CARGO CONTAINER
Dear Mr. Hayek:
The City, via hand delivery, received your letter appealing the denial of land use application L03-
026 on November 15, 2004
The Hearing Examiner will consider the appeal on Tuesday, January 18, 2005 at 1:30 p.m. The
hearing will take place at the City of Renton, City Council Chambers, 1055 S. Grady Way,
Renton, WA 98055. The Council Chambers is located on the seventh floor.
You are entitled to appear in person, and to be represented by counsel, and to offer such evidence
as may be pertinent and material to the Notice of Decision. If unable to be present at the hearing,
please notify the Office of the Hearing Examiner at (425) 430 -6515.
If possible the City would like to resolve this matter without having to go before the Hearing
Examiner. If the cargo container can meet the required screening requirements that City will
amend its Notice of Decision and allow the cargo container to remain. The landscaping must be
in place by December 31, 2004. When the landscaping is installed please call the City to
schedule an inspection.
If you have any questions regarding the appeal procedures or code requirements for cargo
containers, you may contact me at (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us.
S in .Pr
Br don r 'Miles
Assistant Planner
cc. Shelley Kerslake, City Attorney
Fred Kaufman, Hearing Examiner
Barbara Torges
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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NOV -12 -2004 02:22 AM
City of Tukwila
Ms. Nira GierlotF, Planning Supervisor
Ms. Gierlo f
Regarding : The Notice of Appeal Hearing Examiner
My name is Hussein Hayek. I am the owner of the building at 1015 Andover West in
Tukwila and am also the president of Hayek's Leather Furniture, Inc. My office is in
downtown Seattle at :
79 Columbia St., Seattle 98104.
Telephone # (206) 682 -4714
Cell # (206) 227 -2665
I would like to ask the hearing examiner to give us a chance to appeal the decision
concerning the container on out property and to give us some time to complete and
correct your requirements. The said container is absolutely essential to the operation of
my business.
It was my understanding that the issue had been resolved between the City of Tukwila
Inspector and my employee Ms. Barbara Torges. I was therefore surprised when I
received your letter dated Nov. l As I mentioned before, I am more than willing to,
meet your requirements now that I have been properly advised of the problem.
Sincerely,
�setHayek
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FILE NUMBER:
APPICANT:
OWNER:
REQUEST:
LOCATION:
City of Tukwila
Department of Community Development Steve Lancaster, Director
ASSOCIATED None
PERMITS:
SEPA
DETERMINATION: Exempt
Notice of Decision
Prepared November 1, 2004
L03 -026
Barbara Torges, Manager
Hussein Hayek
Placement of cargo container that will be used for storage
1015 Andover Park West
COMPREHENSIVE PLAN
DESIGNATION: Tukwila Urban Center (TUC)
ZONE DESIGNATION: Tukwila Urban Center (TUC)
STAFF: Brandon J. Miles, Assistant Planner
FINDINGS:
Vicinity /Site Information
Project Description
The applicant has submitted an application to permit an existing cargo container at 1015 Andover
Park West.
Existing Development
The property is currently zoned Tukwila Urban Center (TUC) and is used for commercial
operations.
Surrounding Land Uses
The surrounding properties are used for commercial activities.
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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SPECIAL PERMISSION CRITERIA
Cargo containers are permitted in the following commercial zones after receiving Special
Permission from the Director: Regional Commercial, Regional Commercial Mixed Use, Tukwila
Urban Center, and Commercial /Light Industrial.
TMC 18.50.060 notes the performance standards for the placement of cargo containers in the
RCM zoning:
1. Only two cargo containers will be allowed per lot, maximum length 30 feet.
2. The container is located to minimize the visual impacts to adjacent properties, parks,
trails, and rights -of -way as determined by the Director.
3. The cargo container is sufficiently screened from adjacent properties, parks, trails and
rights -of -way, as determined by the Director. Screening may be a combination of solid
fencing, landscaping, or the placement of the cargo containers behind, between or within
buildings.
4. If located adjacent to a building, the cargo container must be painted to match the
building's color.
5. Cargo containers may not occupy any required off - street parking spaces.
6. Cargo containers shall meet all setback requirements for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
CONCLUSION
The property's zoning does allow for the placement of a cargo container. However, the cargo
container does not meet the specific criteria laid out in TMC 18.50.060.
The cargo container does not meet criteria items, two and four. The cargo container is visible
from surrounding properties and from Andover Park West. The container has no screening and
the applicant has not proposed any screening with the pending application.
The City has tried unsuccessfully to have the applicant address these issues. A letter was sent to
the applicant on May 4, 2004 addressing the screening concerns, City staff also met with the
application on site on May 19, 2004. The applicant never addressed how screening of the cargo
container would be accomplished.
The application is denied since the cargo container does not meet the criteria laid out in TMC
18.50.060. The City's decision is based upon the original application submittal and two site visits
to the property.
NOTICE OF VIOLATION
The cargo container is in violation of TMC 18.50.060 and must be removed or the proper actions
taken to ensure that the container will meet City Code. This matter will be referred to the City's
Code Enforcement Department for formal Code Enforcement Action which may include the
issuance of civil citations.
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APPEALS
This Notice of Decision may be appealed to the Hearing Examiner within 14 -days from issuance
of this Notice of Decision.
Appeal Materials shall include:
1. The name of the appealing party.
2. The address and phone number of the appealing party, and if the appealing party is a
corporation, association or other group, the address and phone number of a contact
person authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision.
The Notice of Appeal shall state specific errors of fact or error in application of the law in
the decision being appealed; the harm suffered or anticipated by the appellant, and the
relief sought. The scope of an appeal shall be limited to matters or issues in the Notice of
Appeal.
Nora Gierloff, Plan ing Supe
isor
Ii/ /0
Date
May 4, 2004
Ms. Barbara Torges, Manager
1015 Andover Park West
Tukwila, WA 98188
RE: Cargo Container Located at 1015 Andover Park West
Dear Ms. Torges:
On April 15, 2003, you submitted a cargo container application to allow Hayek's Leather
Furniture, Incorporated to retain an existing cargo container on their property on Andover Park
West. At the time of submittal the application was not complete and you noted that you would
bring the necessary information within two weeks.
The information was never submitted and the City attempted to follow up with several phone
calls that were never returned.
The cargo container does not meet certain screening requirements that are laid out in Tukwila
Municipal Code 18.50.060.
You currently have a pending land use application with the City; until these screening
requirements can be met the application cannot be approved.
Please address these screening issues by May 18, 2004. If there is no response, the application
will be denied and you will be ordered to remove the cargo container.
If you have any questions, please call (206) 431 -3684 or send an email to
bmiles@ci.tukwila.wa.us.
Sincerely,
randdn J. Iles
Assistant Planner
cc. File (L03 -026)
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
April 3, 2003
Hayek Hussein
79 Columbia St.
Seattle, WA 98104
Sincerely yours,
kcat a AU
Kathryn A. Stetson
Code Enforcement Officer
KAS /jt
City G; Tukwila
Department of Community Development Steve Lancaster, Director
PRE- CITATION NOTICE
RE: TUKWILA MUNICIPAL CODE VIOLATION (RFA03 -069)
Property Owner:
Code Enforcement has received a complaint about the property located at 15044 Macadam Rd.,
Tukwila, WA. Our inspection on March 20, 2003 revealed:
• Uncovered trash and abandoned material, and cargo containers on the property.
Steven M. Mullet, Mayor
Tukwila Municipal Code TMC 8.28.070 (uncovered trash/abandoned material); TMC 8.28.040
(trash covered premises); TMC 18.50.060 (cargo containers as accessory structures in the TUC
one requires permit).
CORRECTIVE ACTION
• Remove the aforementioned trash and /or abandoned materials or store them within an
approved receptacle.
• Remove the container or obtain the appropriate permit. (see enclosed information
packet).
Please be aware that this letter will serve as your only notice. If the violations are not corrected
on or before April 15, 2003, a citation will be issued to you through Tukwila Municipal
Court. The City of Tukwila also offers extensions for individuals experiencing special
circumstances only.
If you have any questions or need an extension, you may contact the Code Enforcement Office at
(206) 431 -3670 during the hours of 8:30 a.m. to 10:00 a.m. and. 4:00 to 5:00 p.m. If you prefer,
you may e-mail me at kstetson @ci.tukwila.wa.us. Your cooperation will be greatly appreciated.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665
APR -10 -2003 03:25 PM HAYEK"S— TUKWILA
CITY OF TUKWILA
Department of Commun4 r Development
6300 Southeenter Boulevard Tukwila WA 98188
Telephone: (206) 431 -3670 FAX (206) 431-3665
E- mail:: tukpinnc I.tukwIla.Wa.us
AFFIDAVIT OF OWNERSHIP AM) HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
as
COUNTY Of KING
The undersigned being duly swan and upon oath states as follows:
1. 1 am the current owner of the property which Is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3, The application is being submitted with my Imowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's reel
property, located at X01 S Awe c \ e a P k wi , j b'lc �,r , (
fbr the purpose of application review, for the limn time necessary to complete that purpose.
S. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's
may upon the property, unless the loss or damage is the result of the tole negligence of the City.
6. The City shall, at its discretion , cancel the application without refit:* of fees, if the applicant does not respond *specific requests for
items on the "Complete Application Checklist" within ninety (90) days.
7. Non - responsiveness to a City inlbrmation request for ninety (90) or more days, shall be cause to cancel the application(s) without refund
of foes.
EXECUTED at lt YW1 W 0 CA (city). Wog (state). oo _ 14 At* t �(c =.)B
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(Pines Number)
(Signature)
On this day personally appeared betbre me 14 Al 'I`t Cl (AK to me known a be the individual who execut d
the foregoing instrument and acknowledged that hel she signed the same as voluntary act and deed for the uses and purposes mentioned
themie
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 4' ,�W� v.
residing of
My Commission expires on
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FOR STAFF USE ONLY Sierra Type: P -SP
Planner:
File Number: l^0 3 —0 oZ Co
Application Complete (Date:
)
Project File Number:
Application Incomplete (Date:
)
Other File Numbers:
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E - mail: tukplan@ci.tukwila.wa.us
APPLICATION
NAME OF PROJECT/DEVELOPMENT:
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS.
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Quarter:
P:\R d Book\SPD App.doc.0I /23/03
Name:
Address:
Phone:
Signatur
Section: Township: Range:
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who: .
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development
standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
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RECEIVED
crrY OF TUKWIIA
APR 1 5 2003
PERMIT CENTER SP '"'' E ER
PERMISSION
DIRECTOR
REC' _'ED
CITY OF ,KWILA
APR 1 5 2003