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HomeMy WebLinkAboutPermit L03-076 - SCOZZAFAVE JEFF / H & S PROPERTIES - CARGO CONTAINER SPECIAL PERMISSIONCARGO CONTAINER PLACEMENT 13925 INTERURBAN AVE S L03.076 Existing Development City of Tukwila SEPA SPECIAL PERMISSION DETERMINATION: Exempt Notice of Decision And Notice and Order Prepared May 11, 2004 Department of Community Development Steve Lancaster, Director FILE NUMBER: L03 -076 APPICANT: Jeff Scozzafave OWNER: H & S Properties REQUEST: Placement of cargo container that will be used for storage LOCATION: 13925 Interurban Avenue South ASSOCIATED None PERMITS: COMPREHENSIVE PLAN DESIGNATION: Regional Commercial Mixed Use (RCM) ZONE DESIGNATION: Regional Commercial Mixed Use (RCM) STAFF: Brandon J. Miles, Assistant Planner FINDINGS: Vicinity /Site Information Project Description Jeff Scozzafave seeks Special Permission from the Director to install an 8' by 20' cargo container at their commercial building located at 13925 Interurban Avenue South The property is currently zoned Regional Commercial Mixed Use (RCM) and is used for commercial operations. Surrounding Land Uses Surrounding land uses include commercial businesses and residences. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 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, three, and four. The cargo container is visible from surrounding properties and from Interurban Avenue. The container has no screening and the applicant has not proposed any screening with the pending application. The cargo container has been placed next to the building and the color of the container does not match the building. The City has tried unsuccessfully to have the applicant address these issues. A letter was sent to the applicant on January 29, 2004 addressing the screening concerns. The City also sent the applicant a certified letter on April 22, 2004. The applicant never responded to the letters. 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 AND ORDER The property owner is advised that they are in violation of the following sections of the Tukwila Municipal Code, TMC 18.260.030 "Accessory Uses" and TMC 18.50.060 "Cargo Containers as Accessory Structures ". The property owner is ordered to remove the cargo container from 13925 Interurban Avenue no later than 14 -days from date of this Notice. Failure to remove the cargo container will result in citations being issued through the Tukwila Municipal Court of not more than $500 per day per violation. This is the only Notice the City will issue on this matter. APPEALS This decision and the Notice and Order may be appealed to the Hearing Examiner within 14 -days from issuance of this Notice of Decision (05/25/2004). 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, Planning Sufervisor )1-Uzi Date Date J City of Tukwila 6200 Southcenter Boulevar Tukwila, WA 98188-2599 RTIFIEU II 111 Mr. Jeff Scozzafave 33057 38th Ave. S Auburn, WA 98001 11 11 7002 2410 0004 6341 3311 i R ECEIV E D .N 05 2 0 0 4 mu_ eV ELOPMENT 4 111111.11, 6 4 111.101mitiimaitilintii;ittuitbutadAtitil ■ C - • 1 414 s ce, ,„.„411,tt.34.4 rt./MC:TERI 700.fp3Lu.s. POSTP, LI F. 7 * Nam 1s t N lc now 2nd Notioe Retlirn I ce 6u 0 (j) U) W _1 1.— uj o g LL ci Ill Z I— 0 Z o. o ci) o 0 CD o o o No%nsura»aeEo ,Provi ° F' or' iielveryiri( o�rtiatitiri ;visif�ourwebs(fe;at corriei""' - a3 t MI I Return Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees PS3Forin'3800 ant To Utreet, Apt. No or PO Box No. City, State, ZIF Postage Certified Fee Mr, Jeff Scozzafavi, 33057 38 Ave. So, Auburn, WA 98001 • Postmark Here SENDER: COMPLETE THIS SECTION • Complete ,Stems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that -we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: H & S Properties 13925 Interurban Ave. So. Tukwila, WA 98188 2. Article Number (transfer from service label) PS Form 3811, August 2001 ,, sta1 (Cep,* ? Fir�atelveryRnf _t';vuww:uspscoi®. Return Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) `PS Fo plf3800 1i� 5 JA£c F ? in'�s'r+w 'a,71 aszrlarit3;VY.,Wi -5 r•'�i:in.'� �..ytiey "•kE?:dT•'d.�S'. Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+4 COMPLETE THIS SECTION ON DELIVERY A. S'••. ure X Postage Certified Fee Total Postage & F^ ^^ H & S Properties 13925 Interurban Ave. So. Tukwila, WA 98188 ❑ Agent e, y i ❑ Addressee B. Received by (Printed Name ) of very ❑ Yes ❑ No D. Is delivery address different from item 1 if YES, enter delivery address below: 3. Service Type Certified Mail ✓ Registered ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) 7002 2410 0004 6341 3328 • c ❑ Express Mail O Return Receipt for Merchandise ❑ C.O.D. ❑ Yes Postmark Here Domestic Return Receipt 102595.02 -M -1035 Z . 6 = Z `~ W __I C.) 00 0 • LLI W U) Lt. W O 52 d = W Z I-- O Z U • co O — CI I— W W 2 H H L'. Z co tJ O Z April 22, 2004 Mr. Jeff Scozzafave 33057 38 Ave S Auburn, WA 98001 RE: Pending Cargo Container Application Dear Mr. Scozzafave: City of Tukwila Department of Community Development Steve Lancaster, Director On January 29, 2004, the City sent you a letter noting that your pending application for a cargo container could not be approved, due to the fact that cargo container did not have the proper screening requirements. In that letter you were asked to submit a plan on how the screening requirements could be met. Tukwila Municipal Code 18.50.060, notes that all cargo containers shall be sufficiently screened from adjacent properties, parks, trails, and rights -of -ways. Screening may be a combination of solid fencing or landscaping. The cargo container at 13925 Interurban Avenue is visible from the public right -of -way and adjacent rights -of -way. Within 14 -day from the date of this letter, please submit a plan indicating how the cargo container will meet the screening requirements laid out in TMC 18.50.060. If you do not comply with this letter, your pending application will be denied and a Notice and Order will be issued ordering you 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, 3randon J. Miles Assistant Planner cc. Code Enforcement File (L03 -076) m ru rn 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 9� Steven M. Mullet, Mayor U Postal Service .TM *CERTIFIED .MAiLrti+ RECEIPT: (Domestic Mail Only; No Insurance :Coverage Provided For delivery , information. visit our website at www.usps.coma ra l .11 Postage Certified Fee Return Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ru Sent To 1%* �btroet, Apt. No or PO Box No. City, State, ZIF $ Jeff Scozzafave 33057 38 Ave. So. Auburn, WA 98001 Postmark Here File: L03 -0076 35mm Drawing #1 January 29, 2004 Mr. Jeff Scozzafave 33057 38 Ave S. Auburn, WA 98001 RE: Cargo Container Placement (L03 -076) Dear Mr. Scozzafave: City of Tukwila Department of Community Development Steve Lancaster, Director The City has reviewed your application to locate a cargo container at 13925 Interurban Avenue. Planning staff cannot approve the application because certain substantive issues have not been resolved. The Tukwila Municipal Code requires that cargo container be screened from view from all adjacent properties and public rights -of -way. A visual inspection of the proposed location shows that the container is visible from Interurban Avenue. In order for the application to be approved screening must provided, which could include a solid fence, landscaping, or combination thereof. Your next step is to address the issues raised in this letter and provide a plan on how the required screening will be met. If you have any questions you can call (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us Brando iles Assistant Planner cc. File (CO3-076) , 4' 4,1l s.:ei� c;,:1 .�1c}S .- �6a4 unfY4tu: Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 January 26, 2004 Mr. Jeff Scozzafave 3357 38` Ave S. Auburn, WA 98001 RE: Cargo Container Placement (L03 -076) Dear Mr. Scozzafave: City of Tukwila Department of Community Development Steve Lancaster, Director The City has reviewed your application to locate a cargo container at 13925 Interurban Avenue. Planning staff cannot approve the application because certain substantive issues have not been resolved. The Tukwila Municipal Code requires that cargo container be screened from view from all adjacent properties and public rights -of -way. A visual inspection of the proposed location shows that the container is visible from Interurban Avenue. In order for the application to be approved screening must provided, which could include a solid fence, landscaping, or combination thereof. Your next step is to address the issues raised in this letter and provide a plan on how the required screening will be met. If you have any questions, you can call (206) 431 -3684 or send an email to bmiles(ci.tukwila.wa.us. ■ r Sincerely, � � V ,' Brandon J. Miles • Assistant Planner cc. File (L03 -076) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 - 3665 Steven M. Mullet, Mayor January 13, 2004 Jeff Scozzafave 33057 38` Avenue South Auburn, WA 98001 Dear Mr. Scozzafave: City of Tukwila Department of Community Development Steve Lancaster, Director RE: Cargo Container Application, L03 -076 The City has reviewed the application to install a cargo container at 13925 Interurban Avenue South. A site visit of the property on January 12, 2004 revealed several issues that must be addressed prior to the City approving the permit. Tukwila Municipal Code (TMC) 18.50.060 states the requirements for locating a cargo container in the City. The cargo container at the property in question does not meet the following code requirements. 1) The container must be located to minimize the visual impacts to adjacent properties, parks, trails, and rights -of -way as determined by the Director. 2) 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. 3) If located adjacent to a building, the cargo container must be painted to match the building's color. The cargo container is easily visible from Interurban Avenue. There is no landscaping or fencing, which prevents the container from being viewed from the public right -of -way. Measures need to be taken to screen the cargo container from view from the public right -of -way, such as additional landscaping or the construction of a fence. Additionally, the cargo container must also be painted to match the neighboring building. Your next step is to address these comments and present a revised proposal. If you have any questi• s, please call (206) 431 -3684 or send an email to bmiles u,ci.tukwila.wa.us. Brandon J. Miles Assistant Planner cc. File (L03 -076) Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 January 2, 2004 Mr. Jeff Scozzafave 33057 38 Ave S Auburn, WA 98001 City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION Re: Notice of complete application; L03 -076 Dear Mr. Scozzafave: The Department of Community Development received your request for special permission from the Director to install two cargo containers on December 23, 2003. The cargo container would be located at 13925 Interurban Avenue. Based on a review of your application for submittal requirements for Special Permission from the Director for a Cargo Container, your application was deemed complete on January 2, 2004. Your application has been routed to other City Departments for their review and approval. The Building Department has commented that they would like a letter stating what the cargo containers will be used for. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. If you have any questions, you can call (206) 431 -3684 or send an email to milesb @ci . tuk /Bra • on J. Miles Assistant Planner cc. File (L03 -076) Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 eI • 1 A . STATE OF WASHINGTON COUNTY OF KING CITY OF TuroviLA Department of Conmunrity Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 r.• duty: ir. a.Ua AFFIDAVIT OF OWNERSHII' AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY SS The undersigned being duly sworn and upon oath states as follows: 1. I 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 knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located a �! 1^L/ C_ (\ f (- s for the purpose of application review, for the limited time necessary to complete that purpose. 5. 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 entry upon the property, unless the loss or damage is the result of the sole negligence of the City. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS r. • 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. 7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. , U j EXECUTED at a / /' FHai I (city) W (state), on 'WA / A ' a / C� /o 5c o z z cu int Name) D 5 n ov E 5 l 3 � =aa ?ARrQ:. ' - N J P j3L\ G ' y : o •\ (Signature) O F 1„ Z ?� d awl -�- On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. (Addrr.g 6_3.14 CI. (Phone Number) / Le, DAY, 11 NOTAR Ut3LIC in and for the State of Washington residing at "' aMjY✓ 200 My Commission c: :pires FOR STAFF USE ONLY Sierra Type: P -SP 0 1(v Planner: File Number: (_ 0-3-0-1-9 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: CITY OF TUIKWILA NAME OF YROJECT/DEVELOPMENT: C o . r 4 Co v\ .3„.. t r p /o ce Vm eY \ a b S t o - v zL(o 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. 3 9a5 In fervrbo-YN c u 5 Sec` ) e wA no ri?\ S (le (i)c Pc-Lr rvi'v9 /0 t Quarter: 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. Name: �e T T '5C o Z Z 0 �] Address: 3 J� 3 f� C�l/ A() bUrY u(}4 - coo Phone: Q� S 5 c - 5 L y FAX: -a 0 G - 113. E -mail: e T- p, e `J -- e y Yv Signature: W.ANDIJSE.APPISPD.doc, 09/11/03 RECEIVED CITY OF TUKWILA Department of Community Development C 2 4 2003 SPECIAL 6300 Southcenter Boulevard, Tukwila, WA 98188 PERMIT CENTME IS SION Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail :: tukplan@ci.tukwila.wa.us ~1 e 1 G c m e Ca m Date: 1 eq, G,'_ a 3 DIRECTOR • .. r. • Z F- W Q J UO U) W J = U) LL W O — U_ Q ±- a I- 1 Z = I- I- O Z I- W W O p H W W 2 - O .. Z W OW O Z �6v Lan rEN — %NE al ANEW EOM Z CL I I- W (-) O 0 (/) • Li1 WI • u_ W ° • < ° Z 1.- 1-0 Z 1- W ui 2 0 O Y O 1- u i 1- - 0 0 F O 1- z Pan LII LII LJ rim& gj Print Map Page King County Home News :, Services Parcel Number Address Zipcode Taxpayer 3365900226 • 13925 INTERURBAN AV S H & S PROPERTIES LLC The Information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. 6' -(van s— a U uc&,U c� http://www5.metroke.gov/parcelviewer/Print_Process.asp `Comments._ Search Page 1 of 1 12/24/2003 z I • w t 2 W U 00 to 0 . WI H W g Q I f.. W Z = I— O Z I— W U .0— (3 H W w Z O F- Z • =-16 • 41 0 Apiil 22, 2004 Mr. Jeff Scozzafave 33057 38 Ave S Auburn, WA 98001 RE: Pending Cargo Container Application • Dear Mr. Scozzafave: On January 29, 2004, the City sent you a letter noting that your pending application for a cargo container could not be approved, due to the fact that cargo container did not have the proper screening requirements. In that letter you were asked to submit a plan on how • the screening requirements could be met. Tukwila Municipal Code 18.50.060, notes that all cargo containers shall be sufficiently screened from adjacent properties, parks, trails, and rights-of-ways. Screening may be a combination of solid fencing or landscaping. The cargo container at 13925 Interurban Avenue is visible from the public right-of-way and adjacent rights-of-way. Within 14-day from the date of this letter, please submit a plan indicating how the cargo container will meet the screening requirements laid out in TMC 18.50.060. If you do not comply with this letter, your pending application will be denied and a Notice and Order will be issued ordering you to remove the cargo container. • • . . If you have any questions, please call (206) or send an email to • bmiles@ci.tukwila.*a.us. . Sincerely, 1 ilrandon J. Miles Assistant Planner cc. Code Enforcement File (L03-076) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 City of Takwil: 6200 Southcenter Boulevi • Tukwila, WA 98188-2599 City of Tukivila Steven M. Mullet,Mayor Department of CommunlO Development Steve Lancastei; Director CERTIFIED MAIL 1 01 NW : 7 .0 • fr 'tt Mr Jeff Scozzafave .4.4 • 4),. 44I 57 38 Ave S 4 I 40 urn, WA 98001 1 I 1 1 7002 2410 0004 6241 3243 itg'fr,f,74 . 4.42 .., . . : 22O4 7 .1 19 :7 0 1:4 ; u , S. POSTA: lst 2r.4 Rein — Return