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HomeMy WebLinkAboutPermit L04-056 - CITY OF TUKWILA - REHABITAT NORTHWEST NONCONFORMING USECITY of TUKWILA 13534 MACADAM RD S L04 -056 October 26, 2004 Mr. Steve Detwiller Rehabitat Northwest Inc 5639 16 Ave South Seattle, WA 98106 Ciz of Tukwila RE: Your letter received by the City on September 13, 2004 Dear Mr. Detwiller: Background Department of Community Development Steve Lancaster, Director The Department of Community Development received your letter regarding Use Vs. Occupancy on September 13, 2004. Your question is in regards to the duplex located at 13534 Macadam Rd S. As you are aware, the property is zoned Commercial/Light Industrial (C/LI) and residential uses are not a permitted use in the C/LI zone. The property had 'been non - conforming and was permitted to be used as a residence subject to the limitations placed in TMC 18.70. On September 7, 2004, Brandon Miles, Assistant Planner sent you a letter regarding the non - conforming rights of the property. The letter noted, that according to utility records, which you provided, it appears that from May 2001 to May 2003 the duplex was not being used. Mr. Miles suggested that you submit for a Code Interpretation pursuant to Tukwila Municipal Code (TMC) 18.96.020 and that you provide any documentation indicating the duplex was used between May of 200 through May of 2003. It is not clear from your letter if you are formally seeking a Code Interpretation, yet given the nature of the letter the City will presume that you are seeking one. In your letter you note that the TMC does not define vacancy as a criteria for determining a cease of use. You conclude your letter by noting that you are arguing that the use of a building is defined by it's intended use, and that intended use does not change based on occupancy. You have not disputed the City's assertion that the duplex was not used between May of 2001 and May of 2003. Applicable Code Provisions TMC 18.70.040 (3) notes: "If any non - conforming use ceases for any reason for period of more than six consecutive months or a total of 365 days in a three-year period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is locate". Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Additionally, TMC 18.06.865 provides a definition of use: "Use means the nature of the occupancy, the type of activity, or the character and form the improvements to which land is devoted or may be devoted" The use of the subject property was used as a dwelling unit (duplex). There was no occupancy of the duplex between May of 2001 and May of 2003. Conclusion I have reviewed the water records presented to me and they indicated that from May of 2001 to May of 2003 the duplex was not used as a dwelling. Since no additional information has been submitted, I must conclude that the non - conforming rights for the property have expired. If you wish to use the property for a residential use the proper procedure would be to submit for a rezone and comprehensive plan amendment. All applications for a rezone and comprehensive plan amendments must be submitted to the City by December 31, 2004 to be considered in 2005 If you believe that the City has made an error regarding this Code Interpretation the decision may be appealed and the appeal information is given below. Appeals This Code Interpretation by the Director may be appealed to the Hearing Examiner. The appeal shall be a Type Two decision and shall be processed pursuant to TMC 18.108.020 and TMC 18.116. All appeals shall be filed with the Department within 14 -days from the date of this letter. The Notice of Appeal must include the following (TMC 18.116.030): 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 appealing and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the decision being appealed; the harm suffered or anticipated by the appellant; and the relief south. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. If you have any questions, please feel free to call (206) 431 -3670. incerely, Jack D= 'uty Director cc. Nora Gierloff, Planning Supervisor File (D04 -274, L04 -056) PLANNING DIVISION COMMENTS DATE: September 27, 2004 PROJECT NAME: Rehabitat NorthwestBuilding Permit PLAN CHECK NO.: D04 -274 Plan Reviewer: Contact Nora Gierloff at (206) 431-3570 if you have any questions regarding the following comments. The duplex that you are remodeling is a non - conforming structure and housing is a non- conforming use in the Commercial/Light Industrial Zone. Under TMC 18.70.040 Nonconforming Uses: 1. No nonconforming use may be expanded to occupy a larger area than currently existing. It appears that you are adding square footage to the duplex for a laundry room. This is considered an expansion and will not be allowed. 2. If a nonconforming use stops for any reason for a period of more than six consecutive months or a total of 365 days in a three -year period it cannot be resumed. Please provide evidence of the length of time that the duplex has been vacant. If it has been vacant for longer than these time periods it may not be used as a residence again. Under TMC 18.70.050 Nonconforming Structures: 1. When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, it shall be required to come into conformance with current Zoning regulations. The duplex does not meet the 25 foot front yard setback in the C/LI Zone. As above, please provide evidence of the length of time that it has been vacant. If the nonconforming rights for either the use or use and structure have been lost your resubmittal must reflect changes to bring the building into compliance with current Code. Q:U.ETfERS\D04- 274.DOc Steve Detwiller 206 255 3474 Thank you for your consideration Use Vs. Occupancy The Tukwila Municipal Code Chapter 18.70, Nonconforming Lots, Structures and Uses does not define vacancy as a criteria for determining a cease of use. Jurisdictions such as Seattle that wish to equate a lapse in occupancy with a cease of use, clearly make that connection with wording such as this: From the Seattle Municipal Code 23.42.104 Nonconforming uses A. Any nonconforming use may be continued, subject to the provisions of this section. B. A nonconforming use that has been discontinued for more than twelve (12) consecutive months shall not be reestablished or recommenced. A use is considered discontinued when: 1. A permit to change the use of the lot or structure was issued and acted upon: or 2. The structure, or a portion of a structure is not being used for the use allowed by the most recent permit; or 3. The structure is vacant, or the portion of the structure formerly occupied by the nonconforming use is vacant. The use of the structure shall be considered discontinued even if materials from the former use remain or are stored on the property. A multifamily structure with one (1) or more vacant dwelling units is not considered vacant and the use is not considered to be discontinued unless all units in the structure are vacant Tukwila has no such wording and provides no criteria for determining a cease of use. Based on the lack of a vacancy or occupancy criteria 1n18.70.040, we are arguing that the "Use" of a building is defined by it's intended use, and that intended use does not change based on occupancy. N f tC_ 1 Li M P\c P r'' V'' RECEIVED SEP 13 2004 COMMUNITY DEVELOPMENT September 7, 2004 Mr. Steve Detwiller 5639 16 Ave SW Seattle, WA 98106 ‘f City of Tukwila Department of Community Development Steve Lancaster, Director RE: Duplex at 13534 Macadam Road S. Dear Mr. Detwiller: Thank you for providing the utility records for the duplex located at 13534 Macadam Road South, Tukwila, Washington. As you are aware, the property in question is zoned Commercial/Light Industrial (C/LI). Residential dwellings, such as the duplex on the property are not permitted in the C/LI zone. The duplex on the property was non - conforming, yet from the records submitted, it appears that the non - conforming right have expired. Tukwila Municipal Code (TMC) 18.70.040 states the regulations governing non- conforming uses in the City. TMC 18.70.040 (3) notes: "If any such non - conforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located" The water records from Water District 125 clearly show that from May 17, 2001 to May 13, 2003 there was no water used in the duplex, thus one can assume that no one was living in the duplex. The period from May 2001 to May 2003 is well beyond the six -month time limitation established by TMC 18.70.040 regarding the preservation of non - conforming rights. If you believe that the non - conforming rights for the property have not ceased, I would recommend the following course of action. Within 10-days from the date of this letter Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 please submit a letter to the Department of Community Development seeking a Code Interpretation pursuant to TMC 18.96.020. Please provide any documents, such as utility records or rental records showing that the property was used as a duplex from May of 2001 to May of 2003. The Director of Community Development will render a decision on the land use issue and that issue is appealable to the Hearing Examiner pursuant to TMC 18.90.010. If you have any questions, please call (206) 431 -3684 or send an email to bmiles ' ci.tukwila. va.us. Sincerely, Brandon J. i es Assistant Planner cc. Nora Gierloff, Planning Supervisor File (D04 -274) v Water District 125 Fax Transmittal Fax # (20 6) 248 1 744 TO: Chad DATE; 8.30.04 FAX NO: 206 933.7355 PAGES INC COVER t.., SUBJECT: Water Service COMMENTS /MESSAGE: King County Water District has been serving this address: 13534 MacAdam Rd South, Seattle, WA 98168 for a number of years. If you have any questions, please call. IF THIS COMMUNICATION IS NOT CLEARLY RECEIVED, PLEASE CALL: KING CO WATER DISTRICT NO. 125 PO BOX 68147 SEATAC, WA 98168 (206 242 9547 CORREC ION LTR# i>041•2 1� Accnunt No. Service ID 15900 -0 15900 Trans. Date Name kccount History08/30 /2004 01:52:36 PM Trans. Type King County Water District #125 Account History Dates from / / Billing Address Reference 05/1 Charge 07/1 Charge 09/20/2001 Charge 11/19/2001 Charge 01/17/2002 Charge 03/19/2002 Charge 05/20/2002 Charge 07/18/2002 Charge 09/19/2002 Charge 11/19/2002 Charge 01/17/2003 Charge 03/19/2003 Charge 05/13/2003 Charge 05/28/2003 Payment CHECK 137542 07/18/2003 Charge 08/01/2003 Payment CHECK NONUMBER 09/15/2003 Charge 09/30/2003 Payment CHECK NONUMBER 11/192003 Charge 12/01/2003 Payment CHECK 140076 01/20/2004 Charge 02/12/2004 Payment CHECK NONUMBER 03/20/2004 Charge 03/26/2004 Payment CHECK NONUMBER 05/20/2004 Charge 05/28/2004 Payment CHECK 142715 07/20/2004 Charge e 07/27/2004 Payment CHECK NONUMBER 08/02/2004 Charge through 12/31/9999 7; 455.8 g CORRECTION LTR # Rome Phone Current Balance Rex/. snit. Trans. Amount Balance Forward MJ MJ MJ MJ MJ MJ MJ M1J MJ MJ MJ MJ JE SY JM SY SY SY SY SY JM JE SY JM SY AW SY SY SY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30.50 30.50 -30.50 0.00 30,50 30,50 - 30,50 0.00 30.50 30.50 -30.50 0.00 154.75 154.75 - 154.75 0.00 62.00 62.00 -62.00 0.00 30.50 30.50 -30.50 0.00 30.50 30.50 - 30.50 0.00 30.50 30.50 - 30.50 0.00 0.00 0.00 D014741-27V PSE - Your Account Energy Tracker Business Billing Paying Your Bill Monthly Energy Tips Language Bank Rates Rights & Responsibilities Pay Station Locations Online Customer Care Modify Account Logout Energy Tracker Meter ID 0000454801 Account # 578383679 Rate Code Address Residential 13534 MACADAM RD S TUKWILA, WA 98168 About Us 1 Your Account 1 Your Home 1 Your Business Our Community 1 News 1 Investors 1 Hydro Licensing Find it fast here hstory Ji Your monthly history 4, 4z? .c? •ci` ©2001 Puget Sound Energy. All rights reserved. Page 1 of 1 Help Contact Us criP wt. AUG 3 1 200 CORRECTION P EAtiir cevrEp bog-27V https://energytracker.pse.corn/DrawTabs.asp?LiveOuterTab=Gas&LiveInnerTab=GasCO... 8/30/2004 ustorner lOOROP Nc HWEST S•TATE`MENT.SUMMARY-AS OF JUL' 26, 2004 Balance as ofr last billing Oa larrce Forward 'beposit"tharges OL1'RRENT TOTAL..AS 0F .JUL 26, 2004 nom Qr Gas Detail: "Rate/ Dates Statenient'Diie !Date - ALig 16, 2004 'Meter': Number Pres- Flead `1 MACADAM RD S, TUKWILA Prey Read Pres Date Prev Date CCF 23G 000454801 00726 00724 07/15 06/30 2 C 23G 000454801 00726 60726 07/23 07/15 0 @ 07/01/04 07/23/04 Customer Charge 07/0.1/04 07/23/04 Delivery :Charge 07/01/04 07/23/04 Cost of Gas 07/01/04 07/23/04.Gas Conservation Program 07/01/04 07/23/04 Tukwila City Ta)c Current Gas Charges A late fee of 1% ;will apply to overdue late Factor Charge charges, if any ate payment charges. A 3.852% state utility tax is included in gas rates charged. Description of One-Time Charges Billing Initiation Charge Deposit Total of One -Time Charges A v G T 11 E R M P E R D A Y 0.10 0.08' 0.06 0.04. 0.02 0 Jul 2004 Months 2004 AMOUNT DUE THIS STATEMENT Therms (Usage) 1.0324 2.06 1.0324 * *CO21 utttt ttttttttuttttttut ttt tttttttttittttttttttttt► t t u u n R E CT I0 N REPROP NORTHWEST 5639 16TH AVE SW «D SEATTLE WA 98106 -1459 fil 2.06 Therms @ $.26262 Per Therm 2.06 Therms @ $.541'.87 Per Therm 2.06 Therms @ $.00325 Per Therm $5.89 @ $.0417 Per boiler Current Bill Due Date Aug 16, 2004 Reference j# 5783836709004 5783836732670 Yes, I want to give $ to the Warm Home Fund. Price per Therm 00 I-IS ` 2P‘ 0001 01 00005783836793 00000000127 Code: ACTL ACTL $12;7 t $48.71 $4.22 $.54 $1.12 .$:2 $8:14 • Please see the reverse side #or 'cad's bh Atrrouit $6.10 $36.00 $42.10 For Bill Period Jun -Jul No. of days THRM use Avg. THRM use per day Avg. temp. per day ENERGY USAGE COMPARISON Thls Year 23 2.1 .1 66F 1- 425 -452 -1234. For information, emergencies, to report an outage or for changes to your account, please call 1 - 888 - 225 - 5773 or from out -of- state, When paying in person, please present both portions. When mailing remittance, please mail to Puget Sound Energy, BOT -01H, P.O. Box 91289, Bellevue, WA 98009 - 9288 Please detach here fend return this portion with your payment 13534 MACADAM RD s, TUKINILA 578- 382 -350 PUGET SOUND ENERGY Account: 578 -383 -679 -3 Total Amount Due $48.71 Please make checks payable to Puget Sound Energy Puget Sound Energy B OT -01 H P.O. Box 91269 Bellevue, WA 98009 -9269 W�� 7y 08/30/2004 12:50 28693373 r r Patrick O'Brien Prudential Realty 425 271 6800 Ref: 13534 Macadam Rd. S. To Whom It May Concern. The Duplex Located at 13534 Macadam Rd_ S. in Tukwila was occupied by a caretaker /tenant prior to the sale of said building to Rehabitat Northwest Inc. on 7/1/04 If you have any further questions concerning this matter please call, Patrick O'Brien 8/30/04 .'REHABITAT NORTHWEr" PAGE 02 w+ Some CORRECT L 7 'R # �� City of Tukwila Planning Department 6300 South Center Blvd. Suite 100 Tukwila, WA 98188 406 3 7 001 D0 27'i ZO'd bZ :SI b00Z 0£ Snv 8SLVS£ZSZI :xe3 Allead AN Ielluapn.id ry City of Tukwila Background Department of Community Development Steve Lancaster, Director Memo TO: Shelley Kerslake, City Attorney FROM: Brandon J. Miles, Assistant Planner RE: Non - Conforming Duplex in Commercial Zone DATE: August 31, 2004 On August 2, 2004, Rehabitat Northwest, Inc submitted a building permit for a duplex located at 13534 Macadam Rd South. The property is currently zoned commercial and residential uses, such as duplex are not permitted in the zone. The City regulates non - conforming uses in TMC 18.70. There are two non - conforming issues regarding this duplex; the use of a duplex in a commercial zone and the structure itself does not meet setbacks. TMC 18.70.040 (3) notes regarding the use, "If any such non - conforming use ceases for any reasons for a period of more than six consecutive months, or a total of 365 days in a three year period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which it is located." Regarding the structure itself TMC 18.70.050 (4) notes, "When a non - conforming structure, or structure and premises in combination, is vacated or abandoned for 24 months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located." On a side note, access to the property is through an adjacent lot which is zoned LDR. The previous owner of the duplex had submitted for a rezone application to change the LDR zone to a commercial zone, which would have allowed him to combine the LDR lot with the commercial lot (where the duplex is located). The City Council denied the rezone. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Issue The applicant provided the following: • Water records • Electricity Records • A statement of use from the previous owner Question Upon receipt of the building permit application, Planning deemed the application incomplete and asked the applicant to provide documentation regarding the length of time the duplex has been vacant. The water records show that from May 17, 2001 to March 19, 2003 there was no water usage for the duplex. Without water usage it is clear that the duplex was not occupied. However, it appears that in May of 2003 the duplex became occupied. The City has just now become aware that the duplex was unoccupied during an extended period of time. Additionally, the City did not know that the building had become reoccupied. Can the City still apply TMC 18.70.040 (3) to the period between May of 2001 and March of 2003 even if the building was reoccupied in May of 2003 and has been occupied since?