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HomeMy WebLinkAboutPermit L98-0001 - EPIROS GREEK RESTAURANT - APPEALL98 -0001 EPIROS GREEK RESTAURANT APPEAL 15035 Pacific Hwy. So. A F F I D A V I T O F D I S T R I B U T I O N \Jev&1 �.II hereby declare that: Notice of Public Hearing fl Determination of Non - significance Notice of Public Meeting Mitigated Determination of Nonsignificance Board of Adjustment Agenda ❑ Determination of Significance Packet and Scoping Notice Board of Appeals Agenda Packet Planning Commission Agenda Packet Short Subdivision Agenda Packet Notice of Application for Shoreline Management Permit Shoreline Management Permit ONotice of Action Official Notice Other c7.4 )1 Other was mailed to each of the following addresses on Name of Project 1pU196 File Number 1-6'(?) —� 36 r 1 .U6 Signature z _ •` Z' JU U 0 CO 0 U)w W z JI-: N w 00: g:,71 _v 1-w. I'. z H 0. zE-- . 2 u), w U 0 U N: 0 z ! tt . v I2 City of Tukwila John W. Rants, Mayor J To: Department of Community Development Steve Lancaster, Director Notice of Decision MARCH 30, 1998 Mike Saghafi (Applicant) Pam Hawley (Owner) Parties of Record (see attached) This letter serves as a Notice of Decision and is issued pursuant to TMC 18.104. At their March 26, 1998, the Planning Commission denied the applicant's appeal of a Sign Permit denial, based on the findings and conclusions in the Staff Report dated February 11, 1998 and Supplement to Staff Report dated March 19, 1998. z W;. JU o of CO al 1-. O w — d w F--= o'. z U 'o U' U 1-1 Project: Epiros Greek Restaurant = W File Number: L98 -0001 1- Associated Files: S97 -106 (application for freestanding sign permit) ` o Applicant: Mike Saghafi U w` Request: Appeal of freestanding sign permit denial o Location: 15035 Pacific Highway South z SEPA Determination: N/A Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at: Tukwila Department of Community Development; 6300 Southcenter Blvd., Suite 100; Tukwila, WA 98188 Monday through Friday; 8:30 a.m. - 5:00 p.m. The planner managing the project is Deborah Ritter, who may be contacted at 431 -3663 for further information. Any appeals of this determination are made to the Superior Court of Washington, in and for King County 3670 • Fax (206) 431-3665 '!tT`ySiY}L> ''i" i' "i ?"`ri(,Y.i ILet.,0 "Mr 'k�i1l�` +,+`f1iFStfylvl 'd;Nrfiw PARTIES OF RECORD Phillip Thom Stafford, Frey & Cooper 1301 Fifth Ave, Suite 2500 Seattle, WA 98101 -2621 Pam Hawley Froemke Hawley Enterprises P.O. Box 1002 Enumclaw, WA 98022 -1002 Robert Kelley Oseran, Hahn, Van valin & Watts 10900 N.E. 4th Ave, Suite 850 Bellevue, WA 98004 Dorothy Del Palasio c/o Riverton Pharmacy 15045 Pacific Hwy. S. Tukwila, WA 98188 Linda Stanley 13029 - 41st Ave S. Tukwila, WA 98188 Elvera Rodewald 13505 - 32 Ave. S. Tukwila, WA 98188 • D32 e I 8W-cet- w bqot Krgit4 14s7L (7 zmAY dibwed Itt r NA-ai to ktLe_ 1/Agila)qd)71b-iffS- Q1A4r&V1 iC) 1/tt ,),662 710)410( daegzJ,t_ i/yLe lir k6A, Wig 66/4-du-/-1-- eAse dyt,s- .441414, RECEIVED CITY OR TuKwILA MAR 2 6 1998 PERMIT MICR • Phillip L. Thom Stafford, Frey, Cooper 1301 Fifth Avenue, Suite 2500 Seattle, WA 98101 -2621 Ms. Pam Hawley Froemke Secretary Hawley Enterprises, Inc. P.O. Box 1002 Enumclaw, WA 98022 -1002 Robert C. Kelley Oseran, Hahn, Van Valin & Watts, P.S. 10900 N.E. Fourth Street, Suite 850 Bellevue, WA 98004 stitouvi \re, r % Re-�ctAxca,. o 5 PA-c; \A ep l:U WA 6Nt.g ,.. City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director SUPPLEMENT TO STAFF REPORT TO THE PLANNING COMMISSION Prepared March 19, 1998 HEARING DATE (CONTINUANCE): March 26, 1998 NOTIFICATION: Continuance announced at February 26, 1998 hearing FILE NUMBER: L98 -0001 APPLICANT: Mike Saghafi REQUEST: Appeal of freestanding sign permit denial LOCATION: 15035 Pacific Highway South COMPREHENSIVE PLAN DESIGNATION: RC (Regional Commercial) ZONING DISTRICT: RC (Regional Commercial) RECOMMENDATION: That Appeal L98 -0001 be denied. STAFF: Deborah Ritter ATTACHMENTS: L. Letter from Hawley Enterprises (3/10/98) M. City of Tukwila Ordinance No. 1792 YRiQi:'. IRSMJa. ynA, i..+ urr .a,rww...vMm�w�AISY�A�ewwMremkt sfifi¢ IG4tr4;+! f41�13Y6+ 6' tN�Y9lAmwRMM�twMS' t,. rrttawmMamw;rwrArw.5+A9ZN'.k__fb+ z I-- w JU U O, cn ' N w: • (/) w w �. ga` • d mow: z�; :w ~` co' ww I-- V' - o: Z: w .O ~.. z Supplemental Staff Report to the L98 -0001 Planning Commission FINDINGS BACKGROUND Epiros Greek Restaurant On February 26, 1998, the Planning Commission heard an appeal (L98 -0001) of a freestanding sign permit denial. The appeal was based on whether staff's denial of the permit was appropriate. Following testimony from staff, the applicant, a representative of Hawley Enterprises (the landowner) and other tenants, the matter was continued to March 26, 1998 to allow staff, the applicant and the landowner to further explore signage options available to this applicant. SUPPLEMENTAL INFORMATION Staff met with Mike Saghafi (the applicant) and Pam Hawley Froemke (Hawley Enterprises) on Monday, March 2, 1998 to review the problem. Three major options were discussed: 1) a lot consolidation (two variations); 2) a change in the definition of "premises "; and 3) amendments to portions of the sign code (TMC 19.12.050(2)(c), 19.28.030 and 19.28.040). The following is a description of each of these options, their applicable variations and associated implications. 1. Lot Consolidation Hawley Enterprises currently owns three adjacent tax parcels which are occupied by Epiros Greek Restaurant, Riverton Pharmacy, Trudy's Tavern and associated parking. The parcel upon which Epiros is located has no frontage on Pacific Highway. Should the landowner choose to pursue a lot consolidation, these tax lots would all become one parcel of record. The street frontage for these consolidated lots would be approximately 415 feet (235 feet along Military Road and 180 feet along Pacific Highway). This increased frontage would permit two freestanding signs on one parcel of record. Each sign could be up to 200 square feet in size (two sides of 100 square feet each). There are currently four freestanding signs on the various parcels of record - two signs for the Flower Drum and two signs for Trudy's. If a lot consolidation occurred as described above, a maximum of two freestanding signs would be allowed. There are two possible variations: Page 2 z �z re 6 J U; UO CO 0 w =. J 1. • LL: w • g Q. I- w; Z F- O. Z E-• O U; O 1— w W. tii O~ z Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant Lot Consolidation Variation #1 . H Z: J U. 00 w =: J 1, �LL wO gQ a. The sign height may not exceed the height of the building it identifies —x a ~ w, _- z �. I-0'. b. The sign must be set back from all property lines a distance equal to at z least its height (19.75 feet). The existing sign is estimated to be less than D 10 feet from the south property line. 0 co 0 c. The size of the sign cannot exceed 200 square feet (100 square feet on = 0 each side). The proposed design for the sign is approximately 136 square I--_ o feet per face (a total of 272 square feet). , ui This new sign could provide advertising for Epiros only or could include Riverton 0 E— , Since a maximum of two freestanding signs would be allowed, the two signs along Military Road would be removed (one Flower Drum sign and Trudy's sign). The Trudy's sign along Pacific Highway could remain so long as it is not altered. The existing Flower Drum sign along Pacific Highway would have to be brought into conformance with the current sign code. At a minimum, the sign would have to be relocated to meet setback requirements and reduced to meet height and size limitations. The major conformance issues are as follows: (19.75 feet). The existing sign is approximately 21.5 feet high. Pharmacy signage as well (see below). Lot Consolidation Variation #2 Under this variation, all four of the existing freestanding signs would be removed and two new freestanding signs would be permitted. Each sign could be used as a group sign, reflecting the three tenants on the consolidated lot: Trudy's, Riverton Pharmacy and Epiros. Each pole sign would have to meet the requirements of the current sign code, key portions of which are referenced above. The Riverton Pharmacy currently has two non - conforming roof top signs and one wall sign, which is possibly non - conforming. At a minimum, the two roof top signs would have to be removed if the Pharmacy was included on any new group freestanding sign. If the existing wall sign is not altered, it may remain "as is ". If Riverton Pharmacy does not wish to be included in the group sign, their current building- mounted signage may remain unchanged. Page 3 Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant implications of Lot Consolidation Even if the property owner chooses to consolidate the three adjacent parcels, the existing Flower Drum sign along Pacific Highway will still have to be relocated, reduced in size and lowered as it is currently non - conforming. The non - conformancy is triggered by a change in tenancy (TMC 19.28.030(1)), by the closure and vacation of a business activity (TMC 19.28.040) and by a change in the sign face (TMC 19.28.030(3)). Lot consolidation will not change this sign's non - conforming status. Due to the visual barriers created by existing buildings along Pacific Highway, visibility of the relocated and lowered sign is expected to be a problem. Additionally, the relocation of the Flower Drum sign may also require some modifications to the parking lot in the vicinity of the sign to clarify traffic circulation routes. For these reasons, the landowner does not wish to relocate this sign. The landowner does not wish to pursue lot consolidation due to increased difficulties in dividing the parcels at a future date. Current zoning, building and related codes would be applicable to any new divisions of the parcel. This may affect the location of property lines and parking requirements at the time of division. 2. Change in the Definition of "Premises" The original freestanding sign application was denied for a number of reasons, one of which was its off - premises location. Tukwila Municipal Code provides the following definitions for off - premises and on- premises signs: 19.08.130 Off - premises sign "Off- premises sign" means any sign which cannot be classified as an on- premises sign as described in TMC 19.08.140. 19.08.140 On- premises sign "On- premises sign" means a sign which displays only advertising copy specifically related to the primary lawful use of the premises on which it is located, including sign or sign devices indicating the business transacted at, services rendered, goods sold or produced on the immediate premises, name of the business, person, firm or corporation occupying the premises, including signs with adjustable copy known as readerboards. Page 4 Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant The term "premises" is not defined by Tukwila's Sign Code. Historically, "premises" has been interpreted by DCD to mean the same thing as "site ". The word "site" is defined in TMC 18.06.780 as "any legally defined section of real property, whose boundaries are recorded for purposes of assessing taxes with the County Assessor's Office." The term "site" is referenced in the Tukwila Sign Code (TMC 19.32.140(D)) but is not defined. The Planning Commission may wish to change the interpretation of "premises" (as currently used by DCD) to make it more expansive. For example, Black's Law Dictionary (6th Edition) provides the following definitions of "premises ": In estates and property. Land with its appurtenances and structures thereon. Premises is an elastic and inclusive term, and it does not have one definite and fixed meaning: its ,meaning is to be detennined by its context and is dependent on circumstances in which used, and may mean a room, shop, building, or any definite area (Allen v. Genry, Ala., 97 So.2d 828,832). A dwelling unit and the structure of which it is a part and faculties and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant (Uniform Residential Landlord and Tenant Act, 1.301(a)). In staff' s opinion, this definition is far too vague to be useful in administering the Sign Code. The definition itself states that "premises is an elastic and inclusive term, and it does not have one definite and fixed meaning." However, the Planning Commission could adopt its own, more expansive, interpretation of the word "premises ", making a lot consolidation unnecessary. Using this approach, the "premises" could be viewed as those adjacent (contiguous) properties owned by the same individual or entity. In the case of the properties owned by Hawley Enterprises (and rented by Trudy's, Riverton Pharmacy and Epiros), these three separate lots of record would be considered the same "premises" under this more expansive interpretation. In this situation, the "benefits" of a lot consolidation would be achieved without the "burdens" (i.e., no change in legal description and no document recording, no restrictions on the future sale of lots, etc.). Page 5 Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant Implications of Changing Definition of "Premises" A change in the definition or interpretation of the word "premises" does not reduce or eliminate the height, setback, size or other restrictions pertaining to signage. As a result, the restrictions identified under Lot Consolidation, above, also apply to this variation. No more than two freestanding signs would be allowed for the expanded "premises ", and any modified sign would have to meet all sign code standards. Adopting a "contiguous ownership" definition of the term "premises" has the following implications: a. The relationship between an individual business and its freestanding signage will become ambiguous and problematic. Consider the following scenario. One "Owner" owns three contiguous parcels (Sites A, B and C), which he /she leases to three individual businesses. For visibility purposes, a freestanding sign for Business C is located on Site A. At some later date, the Owner sells Site A. Who now owns and/or controls Business C's sign? Conversely, will the presence of Business C's sign restrict the ability of the new Owner of Site A to have adequate signage? In most instances there can be only one freestanding sign per site (see TMC 19.32.140(D)). In a "perfect world ", all of these issues would be clearly specified through the respective leases, titles and potentially through easements. In the "real world ", this situation is likely to create confusion and conflict which the City may be unrealistically expected to resolve. b. The "contiguous ownership" definition would result in more non - conforming signs over time. Under the scenario above, Business C's sign would be conforming (on- premises) when erected, but would become "non-conforming" (off- premises) upon the sale of Site A. Tukwila has struggled in recent years to decide how to deal with non - conforming signs. Creating additional non - conforming signs will make this struggle even more difficult. Page 6 Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant 3. Amendments to the Sign Code The original freestanding sign application proposing modification of the Flower Drum sign was denied for a number of reasons: • The Flower Drum sign is not a legal sign under the provisions of TMC 19.28.040 and should have been removed from the property when the Flower Drum restaurant closed. The sign does not enjoy non - conforming status or rights (see also TMC 19.28.030(1) regarding change in use of tenant space. Even if the Flower Drum sign were a legally conforming sign, it would lose its legally non - conforming status if it were modified in the manner proposed, under the provisions of TMC 19.28.030(3). Amendments to the sign code would allow more flexibility to landowners either when sign faces are changed or when there is a vacancy or change of tenant. Hawley Enterprises submitted a letter to the City of Tukwila on March 10, 1998 (Attachment L) outlining three suggested amendments to the sign code. These amendments are summarized as follows: a. TMC 19.12.050(2(c). The proposal is to strike this clause from the Sign Code. Elimination of this clause would allow property owners to make changes in advertising copy or messages on signs without obtaining a permit. b. Amendment to TMC 19.12.050(2(c). This proposal requires a permit for changing advertising copy or messages on signs only in the event of a simultaneous change in property owner and tenant space. This amendment would also require a change in the Non - Conforming Signs section of the Sign Code (TMC 19.28.030(1)). Amendment to TMC 19.28.040. This proposal does not require a business owner or landowner to remove all signs at the closure and vacation of a It should be noted that a "loophole" in the sign code that previously allowed "refacing" of non - conforming signs was closed by a sign code amendment in 1996. Under this amendment, refacing a sign now requires a permit (TMC 19.12.050(A)(2)) and modifications requiring a permit cannot be made to non - conforming signs (TMC 19.28.030(3)). It should further be noted that the often -cited case of the Tukwila Police Neighborhood Resource Center sign occurred before this loophole was closed, and therefore was a legal modification at the time. Page 7 Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant business. Instead, it only requires the removal of all advertising copy relating to a business or activity. Implications of Amendments to the Sign Code If made retroactive, the proposed amendments would allow the existing Flower Drum sign to be refaced as desired by the tenant and property owner. However, the suggested changes in TMC 19.12.050(2)(c), TMC 19.28.030 and TMC 19.28.040 would reverse the Comprehensive Plan's stated aim of reducing the number of non - conforming signs in the City. Comprehensive Plan Policy 8.1.14 states the City's intention to "reduce the dominance and clutter of signs through amortization of existing signs and replacement in compliance with Tukwila's Sign Code ". Non - conforming signs would be allowed to remain for a significantly longer period of time as they could be altered without being removed. In October, 1996, Ordinance 1792 (Attachment M) authorized a variety of changes in the sign code. One particular change, as reflected in TMC 19.12.050(A)(2)(c) discussed above, requires a permit for the changing of advertising copy or message on a sign. This change was made in an effort to tighten the language in the sign code. The proposed amendments would represent a direct reversal in policy direction with regard to non - conforming signs. OPTIONS To summarize, the options available to the Planning Commission include the following: a. Deny the appeal, but define or interpret the term "premises" as defined in Black's Law Dictionary. Staff does not recommend this option due to the vague nature of this definition. b. Deny the appeal but define or interpret the term "premises" to mean contiguous real property under single common ownership ". This option would allow a new freestanding sign for Epiros Greek Restaurant along Pacific Highway if the freestanding sign along Military road and the existing Flower Drum sign along Pacific Highway are removed. Negative implications include ambiguous and problematic sign ownership and control, and a potential proliferation of additional, non - conforming signs over time. Page 8 Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant c. Deny the appeal but amend the Sign Code in the manner suggested by the property owner. If made retroactive, this option would allow the existing Flower Drum sign to be refaced. It would also allow any other non - conforming sign to be refaced, which may conflict with the Comprehensive Plan policy on non- conforming signs and would represent a clear reversal of the policy direction taken in 1996 through the adoption of Ordinance 1792. d. Deny the appeal and take no further action. Under this option, the landowner and tenant still have the ability to work together in providing adequate freestanding signage for Epiros Restaurant. This would most likely require a lot consolidation or, potentially, a lot line adjustment. The owner, however, has been unwilling to pursue this option for business and expense reasons. Grant the appeal, overturning DCD's denial of the Epiros freestanding sign permit application. While the Planning Commission could take this action, staff cannot support it. If the Commission chooses this option, it must develop and adopt findings and conclusions in support of their decision. There may be additional options staff and the applicant have been unable to identify. We are more than willing to work with the Commission and the applicant on any "new" ideas for resolving this situation, as long as they are consistent with City ordinances as they currently exist or as they may be amended. CONCLUSIONS 1. Both Hawley Enterprises (the landlord), and Epiros Greek Restaurant (the tenant), wish to alter the existing Flower Drum sign without bringing it into conformance. This cannot be accomplished without retroactively adopting the landowner's suggested amendments to Tukwila Municipal Code. 2. Adopting the landowner's suggested amendments to the Code would create a conflict with the Comprehensive Plan and would create a reversal of City policy as it applies to signage. 3. The applicant's freestanding sign application (S97 -106) was denied because its design and location were in violation of Tukwila Municipal Code. The Director of Community Development acted within the requirements of the City code in denying the sign permit. 4. Based on the information provided by Mr. Saghafi, as well as staff review of the Tukwila Municipal Code, the applicant has not shown specific errors of fact or errors in Page 9 ,+« Supplemental Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant application of the law in the decision being appealed. The appeal request does not meet the requirements of TMC 18.116.030. 5. The applicant's arguments address variance criteria rather than code - required content of a Notice of Appeal. The Planning Commission may not hear a request for a variance. Per TMC 17.72.020, only the Hearing Examiner may hear variance requests. The applicant cannot be granted a variance for a prohibited (off - premises) sign per TMC 19.28.010(6) and TMC 18.72.070. RECOMMENDATION Staff recommends that Appeal L98 -0001 be denied and that staff be allowed to continue working with the applicant and property owner to pursue signage options that are consistent with the Tukwila Municipal Code as it currently exists. =1-:• mow. D:. U; U O ;. 'co U, u)W Ws COAL w 0; W. z�. 0; Z al uj: U U; • W O • •iu Z; z HAWLEY ENTERPRISES, INC. P.O. BOX 1002 ENUMCLAW, WA 98022 -1002 (360)825 -7273 . .✓ 1 ` -.ice) - (:; z _~. March 10, 1998 re w 2 .J U. Planning Commission Members Arthur, Livermore, 0 °o. Malina, Meryhew, Neiss, and Stetson ' w = Jack Pace, Planing Manager , • I Deborah Ritter, Assistant Planner w O: 2 . Department of Community Development 1. City of Tukwila • �' 6300 Southcenter Boulevard w' Tukwila, WA 98188 z i; I=o`. z I- : ill in .Oc• o Dear Commission Members, Mr. Pace, and Ms. Ritter: •o I-- =• a In reviewing the limited and inadequate options regarding the sign u_ o. associated with Epiro's restaurant, 15035 Pacific Highway South, I am w z: N U. proposing two amendments to the sign code. 1.2 . 0 RE: Proposed Sign Code Amendments; Epiro's Sign I believe there are two issues involved here: rights of property owners, and prejudicial treatment of individual property owners. As for property rights, I believe that a sign already in existence, legally erected, and on property under continuous ownership, should be allowed to remain, especially given the way that "grandfathering" is treated favorably in our public system. The fact that a business may change should not impact the legality of the sign to remain, if the property owner is remaining the same. Which brings me to the issue of discrimination. By forcing the current amended code [T.M.C. 19.12.050(2)(C)] on individual property owners, at sporadic times, the compliance issue is at heart discriminatory. If there is an across - the -board compliance mandate, where each and every sign must be brought into compliance, then I would agree that it is fair. 1 ATTACHMENT L z • As it stands, it is inherently discriminatory. If the compulsory compliance doesn't take effect for ten years, or ever, then certain businesses will benefit at the expense of others. Because a business may change, the property owner is penalized, both in the expectation of the removal of the sign, and the non - allowance of the 2 sign, which is damaging for the prospects of gaining a new tenant. 6 oo_ N0 The first amendment to the sign code I am proposing would be: w w t J H Striking the removal of the change of copy provision, passed as Ordinance uj o No. 1792, March 17, 1997. Another way to amend this prejudicial code � Q 7. would be to re -write it as: Fw T.M.C. 19.12.050 Exceptions - Permits not required: z �o zI [(2)(c) should be stricken, and replaced with], "A permit will be required only if there is a o °; simultaneous change in property owner and tenant o �. space." i 0 o, This affects T.M.C. 19.28.040, where an amendment should be included to ;l; N; U= z read, "...30 days from the date of closure to remove all advertising copy relating to the business or activity." The rest of T.M.C. 19.28.040 should be worded in a similar manner, to convey that only the copy should be removed; not the entire sign. Why is it necessary to remove the entire sign, including structure and component parts? The sign is an integral part of any business, and prospective tenants rely on this as an accurate way to judge potential success. With the wording as it now stands, even signs in current compliance would be forced to be removed, structure and all. I would also add that finding a responsible and viable tenant would take considerably longer than the time given as currently worded. I am hopeful that each of you is able to realize how damaging these particular codes, as they now stand, are to the individual, small property 2 owners and businesses. While our issue is one where a Pacific Highway address needs particular attention, these issues are pertinent to all of the family -type businesses in this locale, struggling to stay viable in their community, under constant pressure from "chains" and huge corporations. Many claim that the main issue is to clean up Pacific Highway South, but we need to see the forest through the trees here. To clean up this area, we need to encourage family businesses; not conglomerates. These discriminatory enforcement measures are doing nothing to clean up the highway; it is fostering an environment which will encourage the demise of the types of businesses that are desperately needed to stay in this area. I would encourage each of you to take another look at the issues which have been raised in this letter. While I am clearly frustrated by the trouble this one sign has caused, • I am confident that the big picture can be seen. Thank you for your time. Sincerely, � jr^ PAM HAWLEY FROEMKE Secretary 3 z • w` D .J V O 0 N LLI w w'. J CO u_ w0 g Q. _v � _ Z ►=o zI- LU D o. U m; 'a • W, z: v D. o z ; City of Tukwila Washington Ordinance No. /1 902,- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING A PORTION OF TITLE 19 OF THE TUKWILA MUNICIPAL CODE (THE SIGN CODE) 13? REMOVING THE CHANGE OF COPY PROVISION, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, allowing, businesses to change the copy on non- conforming signs prolongs their period of non - conformity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TIvIC 19.12.050 (2) of Ordinance 1274 S 1(part) is amended to read as follows: 19.12.050 Exceptions - Permits not required. The following shall not require a permit (these exceptions shall not be construed as relieving the owner of any sign from the responsibility of its erection and maintenance and its compliance with the provisions of this code or any other law or ordinance regulating the same): (1). The changing of the advertising copy or message on a theater marquee, readerboard and similar signs specifically designed for the use of replacement copy; (2) Repainting or cleaning of an advertising structure shall not be considered an erection or alteration which requires a sign permit unless: (A) a structural or electrical change is made; or (13) the area or the shape of the sign is altered; or (C) except as provided by subsection (1), above, there is a change in the advertising copy or message thereon. (3) Temporary signs and decorations customary for special holidays, such as Independence Day and Christmas, erected entirely on private property; (4) Real estate signs 16 square feet or less in area offering the immediate premises for sale, lease or rent, except in R -1 zones where the maximum sign area allowed is six square feet; (5) Signs not exceeding four square feet in area and advertising acceptance of credit cards, provided these are located on the face of a building or upon another larger sign background area for which a permit has been obtained; (6) One on- premises sign not electrical or illuminated, four square feet in area or less, which is affixed permanently on a plane parallel to the wall that is located entirely on private property; (7) Traffic signs and /or markings, for the purpose of regulating, warning, or guiding traffic, whether on public or private property. Such signs and markings shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation, Federal Highway Administration; (8) Bulletin boards not over twelve square feet in area for each public, charitable or religious institution when the same is located on the premises of said institution; (9) Temporary signs denoting the architect, engineer or contractor, when placed upon work under construction and not exceeding 32 square feet in area; ATTACHMENT M ' • • z mow: J U. .0 0 t N0. .NW: • W I. , .J 1—, N W 0' 7 • u- j, Nd =W • • F- 0: • W u W • U0 10 H; WW' F=- V U N, O~: Z (10) Memorial signs or tablets, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze or other non - combustible material; (11) Signs of utilities indicating danger and service or safety information; (12) A maximum of four internal information signs as defined in TMC 19.08.120 and as regu- lated by TMC Section 19:22; (13) Political signs, posters, or bills promoting or publicizing candidates for political office or issues that are to be voted upon in an election shall not exceed twelve square feet in area and shall be located entirely on private property for a period not exceeding 30 days prior to any primary, general or special election; provided, however, that a successful candidate in the primary election shall not be obligated to remove or to have removed signs, posters, or bills between the primary and general elections; and further provided that all signs, posters, or bills shall be removed not later than the end of the fifth day following any primary election in.the case of those candidates not surviving the primary, and not later than the fifth day following the general or special election with regard to all candidates and issues. It shall be the responsibility of the property owner to have signs, posters or bills removed. No political campaign signs of any type are permitted to be located on any utility pole, bridge, sidewalk, or City-owned or 'operated vehicle, or any public property of arty kind; (14) Window signs which are of a temporary nature for commercial businesses and which occupy less than 25% of the window surface for a period not exceeding 30 days. Signs on or in the window which are utilized for more than 30 days are.permanent and will be considered part of the overall signing permitted for the business. Such permanent window signs shall require permits; (15) Signs of community service and fraternal organizations, including notation of place and date of regular activity meetings. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this Title, as enumerated in Section 19.04.020. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. 'PASSED 13Y THE CITY COUN IL OF THE CITY OF _TTJKWILA, WASHINGTON, at a Regular Meeting thereof this / % day of 7172a.-4- , 1997. ATTEST /AUTHENTICATED: ne E. Caritu, City Clerk APPROVED AS TO FORM: By Office of the City Attgr ey FILED WITH THE CITY CLERK: 3-11.'17 PASSED BY THE CITY COUNCIL: 3 -11-9 7 PUBLISHED: 3 - 21-5 7 EFFECTIVE DATE: .3 - 9 7 ORDINANCE NO.: /7902 gth Joh W. Rants, Mayor • y. • • CITY OF TUKWILA 7 SUMMARY OF ORDINANCE NO. / / / 02 ' AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING A PORTION OF TITLE 19 OF THE TUKWILA MUNICIPAL CODE (THE SIGN CODE) BY REMOVING THE CHANGE OF COPY PROVISION, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. On 3 /� 7 , the City Council of the City of Tukwila passed Ordinance. No. ) % 9nZi , amending a portion of the Sign' Code by removing the change of copy • provision; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of Published Seattle Times: / 7 3/17/7/ ane E. Cantu, City Clerk • ' I— w • 2 .0 0 0 u) w • w Nu-: J, u.< co, D • ZF=- O. Z, w lit •D ff1' • w w, • H -- ti.. H i • V - • •Z HAWLEY ENTERPRISES, INC. P.O. BOX 1002 ENUMCLAW, WA 98022 -1002 (360)825 -7273 March 10, 1998 Planning Commission Members Arthur, Livermore, Malina, Meryhew, Neiss, and Stetson Jack Pace, Planing Manager Deborah Ritter, Assistant Planner Department of Community Development City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 RE: Proposed Sign Code Amendments; Epiro's Sign Dear Commission Members, Mr. Pace, and Ms. Ritter: In reviewing the limited and inadequate options regarding the sign associated with Epiro's restaurant, 15035 Pacific Highway South, I am proposing two amendments to the sign code. I believe there are two issues involved here: rights of property owners, and prejudicial treatment of individual property owners. As for property rights, I believe that a sign already in existence, legally erected, and on property under continuous ownership, should be allowed to remain, especially given the way that "grandfathering" is treated favorably in our public system. The fact that a business may change should not impact the legality of the sign to remain, if the property owner is remaining the same. Which brings me to the issue of discrimination. By forcing the current amended code [T.M.C. 19.12.050(2)(C)] on individual property owners, at sporadic times, the compliance issue is at heart discriminatory. If there is an across - the -board compliance mandate, where each and every sign must be brought into compliance, then I would agree that it is fair. - - ",^•� ;�;,, - As it stands, it is inherently discriminatory. If the compulsory compliance doesn't take effect for ten years, Qr ever, then certain businesses will benefit at the expense of others. Because a business may change, the property owner is penalized, both in the expectation of the removal of the sign, and the non - allowance of the sign, which is damaging for the prospects of gaining a new tenant. The first amendment to the sign code I am proposing would be: Striking the removal of the change of copy provision, passed as Ordinance No. 1792, March 17, 1997. Another way to amend this prejudicial code would be to re -write it as: T.M.C. 19.12.050 Exceptions - Permits not required: [(2)(c) should be stricken, and replaced with], "A permit will be required only if there is a simultaneous change in property owner and tenant space." This affects T.M.C. 19.28.040, where an amendment should be included to read, "...30 days from the date of closure to remove all advertising copy relating to the business or activity." The rest of T.M.C. 19.28.040 should be worded in a similar manner, to convey that only the copy should be removed; not the entire sign. Why is it necessary to remove the entire sign, including structure and component parts? The sign is an integral part of any business, and prospective tenants rely on this as an accurate way to judge potential success. With the wording as it now stands, even signs in current compliance would be forced to be removed, structure and all. I would also add that finding a responsible and viable tenant would take considerably longer than the time given as currently worded. I am hopeful that each of you is able to realize how damaging these particular codes, as they now stand, are to the individual, small property 2 owners and businesses. While our issue is one where a Pacific Highway address needs particular attention, these issues are pertinent to all of the family -type businesses in this locale, struggling to stay viable in their community, under constant pressure from "chains" and huge corporations. Many claim that the main issue is to clean up Pacific Highway South, but we need to see the forest through the trees here. To clean up this area, we need to encourage family businesses; not conglomerates. These discriminatory enforcement measures are doing nothing to clean up the highway; it is fostering an environment which will encourage the demise of the types of businesses that are desperately needed to stay in this area. I would encourage each of you to take another look at the issues which have been raised in this letter. While I am clearly frustrated by the trouble this one sign has caused, I am confident that the big picture can be seen. Thank you for your time. Sincerely, PAM HAWLEY FROEMKE Secretary 3 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director FEBRUARY 12, 1998 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Mike Saghafi of Epiros Greek Restaurant at 15035 Pacific Highway South, Tukwila, Washington has submitted an appeal request, Number L98 -0001, to appeal the denial of a permanent sign permit application. You are invited to comment on this appeal at the public hearing scheduled for February 26, 1998 at 7:00 p.m. before the Planning Commission. The hearing will take place at City Hall in City Council Chambers, 6200 Southcenter Blvd. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact Deborah Ritter at 431 -3663 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Permits applied for include: • Freestanding Sign Permit (S97 -106) FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 . ,.........+� • REQUEST FOR: MAILING LABEI S DATABASE INFORMATION /REPORTS The City Clerk's staff maintains and regularly updates a City address database with over 9,000 entries, inclusive of single - family residents, apartments, condos, businesses, and some property owners. Mailing labels or data can be provided for the entire list or a portion thereof. (The attached list of City .streets is provided for your use in selecting specific areas.) This list is for in -house City use only — not to be reproduced or distributed Please direct your questions to Christy O'Flaherty at 433 -1855. Name: Today's Date: Dept.: Phone: \ann�nc� x \l0103 Title: CQJ`..4 E dad- Pa n n e_ i( Date labels /data needed by: LL (please allow 2 weeks lead time) a." `2._p� % T 6b` Please complete the applicable section (data report request on reverse side) EL ;REQUEST; . INFORMATION: Style of Label ❑ Cheshire labels (for use when going through VC Gummed labels a mailing house service) (3 across, 8 -1/2" x 11" sheet) Groups to be included in mailing: ❑ All. iyi X Single - family homes "K Businesses* Apartments* Condos *Do you want label to include. ❑ Yes the line "Attention: Manager "? No (does not provide managers' n mes) • Property owners Labels to be . sorted by (select one): Purpose of mailing: (W ? b \G - AICQ. •6 r a c at, 60rrtMt,.:.4.4»t- etc? bz ri rc • Zip code A Address • Name ❑ Other: Additional information/ instructions: (include any special parameters, t. e., businesses with over 100 employees, home occupations, a specific apartment complex Eby nameJ, etc.) tin Labels wanted. for spec' areas (complete Other: A &r-- of .5 thA TOtr 4 CS,Q.Z.- attached street /address range form) G&GtC- • . • • • Please remember to complete the attached form to isolate specific areas within the City. ?.; DATA. REPORT;: INFORMATION Groups to be considered in report ❑ All e Businesses Single- family homes 0 Apartments �❑ Property owners Condos Information available ® Check boxes in left -hand column ( "✓ INFO') to. indicate all groups of information you want researched. © Indicate in the right -hand column of boxes ( "✓. SORT BY ") the ONE. category to sort it by (how you would like it arranged). The following categories are available for all database entries: ✓ INFO ✓ SORT BY ❑ Name ❑ ❑ Street address ❑ ❑ City ❑ ❑ State ❑ ❑ Zip code ❑ For businesses, additional categories of information include: ✓ INFO ✓ SORT BY ✓ INFO ❑ Phone number ❑ ❑ Square footage ❑ License number ❑ Use code (retail, wholesale, public service, etc.) ❑ Type code (hotels, florists, banks, . etc.) ❑ ❑ Function (1 -line description) ❑ ❑ Number of employees ❑ ❑ Home occupation ❑ ✓ SORT BY 0 0 0 0 ❑ ❑ Opening date ❑ State tax number ❑ ❑ Traffic area zone ❑ Flammable materials ❑ Emergency phone ❑ Status of business (new, current, out) 0 ❑ License issue date Additional . information/ instructions: Explain any special parameters for data search. Examples: businesses with less than 10 employees in certatn use code, apartment complexes within specked area (you must fill out the attached form), a specific apartment complex by name, total square feet of businesses opened in 1991, etc. I want my information as: ❑ totals /calculations ❑ a printed report Please remember to complete the attached form to isolate specific areas within the City. Completion of this form is required. Return both pages to the City Clerk's office. . • 1 SELEC(ED ADDRESS RANGE AD. SS RANGE ✓ ✓ SELECTED . ,—‘r1ESS RANGE ADDRESS RANGE ✓ TUKWILA STREETS AVAILABLE REQUESTED or ALL. TUKWILA STREETS AVAILABLE REQUESTED or ALL ❑ 24th Ave S ❑ ❑ 25th Ave S . ❑ ❑ 26th Ave S ❑ ❑ 27th Ave S 11006 -11036 ❑ ❑ 28th Ave S ❑ ❑ 30th PI S 13204 -13214 ❑ ❑ 31st Ave S 13206 -13225 ❑ ❑ 32nd Ave S 13014 -17316 ❑ ❑ 33rd Ave S 13004 -14075 ❑ ❑ 33rd PI S 12840 -14031 ❑ ❑ 34th Ave S 12624 -14450 ❑ ❑ 34th PI S 14120 -14148 ❑ ❑ 35th Ave S 12521 -15426 ❑ ❑ 37th Ave S 12506 -15230 ❑ ❑ 38th Ave S 13015 -14839 ❑ ❑ 38th PI S 15810 -15820 ❑ ❑ 38th Ter S 15430 -15442 ❑ ❑ 39th Ave S 11600 - 11621 ❑ ❑ 39th Ln S 15428 -15445 ❑ ❑ 39th PI S 15708 -15830 ❑ i ❑ 40th Ave S 11311 -15448 ❑ ❑ 40th Ln S 15814 -15838 •❑ ❑ 40th PI S 11734 -15825 ❑ ❑ 41st Ave S 4102 -14471 ❑ ❑ 41st PI S 14911 -14928 ❑ ❑ 42nd Ave S 11508 -16360 ❑ i . ❑ 43rd Ave S 12203 -15856 ❑ . ❑ 43rd PI S 14029 -15046 ❑ ❑ 44th Ave S .11635 -15649 ❑ ❑ 44th P1 S 11808 -15518 ❑ ❑ 45th Ave S 12202 -16221 ❑ ❑ 45th PI S 16303 -16319 0 ❑ 46th Ave S 12001 -16218 ❑ ❑ 47th Ave S 10405 -16224 ❑ ❑ 47th PI S 16300 -16311 ❑ ❑ 48th Ave S 10806 -16217 ❑ ❑ 48th PI S 13418 -16312 ❑ ❑ 49th Ave S 10710 -16241 ❑ ❑ 50th Ave S 10904 -12529 ❑ ❑ 50th PIS 12404 -12562 ❑ ❑ 51st Ave S 10205- 18215 ❑ O 51st PIS 12207 -12560 ❑ 52nd Ave S 13525 -16251 ❑ 52nd PI S 13607 ❑ 53rd Ave S 13526 -17083 O 53rd PI S 16372 -16456 ❑ 0 ❑ 0 �;� >:. SELECTED ADDRESS RANGE KWILA STREETS AVAILABLE ADDRES. AGE REQUESTED or S 104th PI S 107th St S 109th St S 112th St S 113th St S 114th St S 115th St S 116th PI S 116th St S 117th PI S 117th St S 118th St S 119th St S 120th PI S 120th St S 121st St S 122nd St S 123rd St S 124th St S 125th St S 126th St .S 127th St S 128th St 130th PI : S 130th St S 131st PI S 131st St S 132nd St S 133rd St J S 134th PI S 134th St ' J S 135th St J S 136th St • S 137th St • S 138th St D S 139th St S 140th St S 141st St 7 S 142nd PI • 7 S 142nd St S 143rd PI 7 S 143rd St 7 S 144th St 7 S 146th St S 147th St 7 S 148th St 4300 -4621 4718 -4926 5008 -5016 4917 -5009 3906 -5022 3910 -5005 3914 -4210 ALL 0 0 3215 -8541 4004 -4031 3819 -3924 5007 -5016 4020 -4037 0 0 ❑ 4202 -4918 3600 -5023 4603 -5004 3418 -3732 2801 -4071 5795 3202 -4140 4304 -4446 4116 -4446 3210 -3510 2855 -6730 4435 -4650 4550 -4712 2919 -7804 3203 -5335 3202 -5320 • 3702 -5011 4011 -5326 3121 -5830 3425 -5615 3202 -3503 3211 -5725 6234 -6423 6265 -6530 3417 -6458 3416 -5026 5614 -5810 3416 -4800 0 ❑ 0 0 0 ✓ SELECTED TUKWILA STREETS ❑ S 149th St O•S150thPI �l S 150th St ❑ S 151st PI ADDRI �1ANGE AVAILABLE 5529 -5990 5603 -5685 2446 -5685 6201 -6380 ADDRESS RANGE ✓„ REQUESTED or ALL 34 oo - 3707 ❑ ❑ S 151st St 4036 -5205 ❑ ❑ S 152nd PI 5711 -5821 S 152nd St S 153rd St S 154th Ln S 154th St S 156th St S 158th Ln S 158th St S 159th Ln S 159th PI S 160th St S 161st St S 162nd St S 163rd PI S 164th St S 166th St S 168th St S 170th St S 172nd St S 176th St S 178th St S 180th St S 194th St S Longacres Way S Ryan Way Southcenter Blvd Southcenter Mall Southcenter Pky Sperry Drive Strander Blvd Sunwood Blvd SW 165th SW 180th Todd Blvd Treck Dr 3434 -5881 '6205 -6530 3724 -3831 3700 -4918 4342 -7200 4026 -4046 3767 -4735 4028 -4055 3810 -3920 3728 -5165 4900 -4930 4703 -4830 4504 -5113 4230 -5215 4848 -5310 5145 5162 -S`1- 3k .(09 5563 -5665 5950 -7220 4618 5200 -6955 100 -1200 15700 -18800 205 -699 15103 -15350 7200 6725 350 -355 Tukwila Pky 225 -501 Upland Dr 305 -378 Wallace St 5111 W Marginal PI S W Valley Hwy 15616 -17850 ❑ As of February 22, 1994 • 24243 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 209 TUKWILA WA 98188 -2184 24110 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 212 TUKWILA WA 98188 -2184 24113 TUKWILA COMMUNITY MEMBER 34695 152ND ST 301 TUKWILA WA 98188 -2185 24006 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 304 TUKWILA WA 98188 -2185 24009 . TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 307 TUKWILA WA 98188 -2185 24044 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 310 TUKWILA WA 98188 -2186 24107 TUKWILA COMMUNITY MEMBER 3469 5 152ND ST 313 TUKWILA WA 98188 =2186 24801 TUKWILA COMMUNITY MEMBER 3707 S 150TH ST D TUKWILA WA 98188 -2218 24133 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 102 TUKWILA WA 98188 -2181 24012 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 105 TUKWILA WA 98188 -2181 24109 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 108 TUKWILA WA 98188 -2181 24170 TUKWILA COMMUNITY MEMBER 3469 5 152ND ST 111 TUKWILA WA 98188 -2182 24135 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 114 TUKWILA WA 98188 -2182 23989 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 203 TUKWILA WA 98188 -2183 24256 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 206 TUKWILA WA 98188 -2183 36744 Mr. Frank's Hair Designers 3459 S 152ND ST TUKWILA WA 98188 -2176 24136 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 103 TUKWILA WA 98188 -2181 24131 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 106 TUKWILA WA 98188 -2181 24118 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 109 TUKWILA WA 98188 -2182 24169 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 112 TUKWILA WA 98188 -2182 24117 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 201 - TUKWILA WA 98188 -2183 24126 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 204 TUKWILA WA 98188 -2183 24125 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 207 TUKWILA WA 98188 -2183 24260 TUKWILA COMMUNITY MEMMEF. 3469 S 152ND ST 101 TUKWILA WA 98188 -2181 24129 TUKWILA COMMUNITY MEMBEF. 3469 S 152ND ST 104 TUKWILA WA 98188 -2181 24124 TUKWILA COMMUNITY MEMBEF 3469 S 152ND ST 107 TUKWILA WA 98188 -2181 24111 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 110 TUKWILA WA 98188 -2182 24034 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 113 TUKWILA WA 98188 -2182 24052 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 202 TUKWILA WA 98188 -2183 24003 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 205 TUKWILA WA 98188 -2183 24266 TUKWILA COMMUNITY MEMBER 3469 S 152ND ST 208 TUKWILA WA 98188 -2184 Z i-- W re J U; • U O;• 0: W= J H; 'W LL Q: = 3. _ • 1-0i U (3. O N' U: Z'. en; • N; O Z 37143 Southtowne Auto Rebuild 14864 PACIFIC HWY S TUKWILA WA 98168 -4329 22688 TUKWILA COMMUNITY MEMBER 15013 PACIFIC HWY S 5 TUKWILA WA 98188 -2245 35959 B V Nails 15019 PACIFIC HWY S TUKWILA WA 98188 -2245 f•. 36993 Riverton Family Pharmacy 15045 PACIFIC HWY S TUKWILA WA 98188 -2245 36820 Olympus Press, Inc. 3400 S 150TH ST TUKWILA WA 98188 .-2109 37123 Emerald City Taxi 3417 S 150TH ST #A TUKWILA WA 98188 -2110 24798 TUKWILA COMMUNITY MEMBER 3701 S 150TH ST 2 TUKWILA WA 98188 -2218 24802 TUKWILA COMMUNITY MEMBER 3707 S 150TH ST A TUKWILA WA 98188 -2218 36082 Check X- Change 15001 PACIFIC HWY S TUKWILA WA 98188 -2245 22689 TUKWILA COMMUNITY MEMBER 15013 PACIFIC HWY S 6 TUKWILA WA 98188 -2245 36035 Burger King 15036 PACIFIC HWY S TUKWILA WA 98188 -2244 36190 Desimone's 15060 PACIFIC HWY S TUKWILA WA 98188 -2244 36121 Consignment Sales & Lease Co 3400 S 150TH ST TUKWILA WA 98188 -2109 36309 Farwest Tire & Auto Service 3417 S 150TH ST TUKWILA WA 98188 -2110 37658 TUKWILA COMMUNITY MEMBER 3703 S 150TH ST 3 TUKWILA WA 98188 -2218 24800 TUKWILA COMMUNITY MEMBER 3707 S 150TH ST B TUKWILA WA 98188 -2218 37377 Wendy's 15010 PACIFIC HWY S TUKWILA WA 98188 -3315 36994 Riverton Heights Deli 15015 PACIFIC HWY S TUKWILA WA 98188 -2245 37276 Trudy's Tavern 15037 PACIFIC HWY S TUKWILA WA 98188 -2245 36692 McDonald's of Riverton 15210 PACIFIC HWY S TUKWILA WA 98188 -2246 37291 Type Cellar 3400 S 150TH ST TUKWILA WA 98188 -2109 24797 TUKWILA COMMUNITY MEMBER 3701 S 150TH ST 1 TUKWILA WA 98188 -2218 24799 TUKWILA COMMUNITY MEMBER 3705 S 150TH ST TUKWILA WA 98188 -2218 24803 TUKWILA COMMUNITY MEMBER 3707 S 150TH ST C TUKWILA WA 98188 -2218 . 3 37049 Sea -Tac North Travelodge 14845 PACIFIC HWY S TUKWILA WA 98168 -4328 37943 Royal Taxi Association, Inc. 14848 PACIFIC HWY S #10A TUKWILA WA 98168 -4390 24673 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 11 TUKWILA WA 98168 -4384 .r• 24678 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 14 TUKWILA WA 98168 -4384 24670 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 17 TUKWILA WA 98168 =4384 24683 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 4 TUKWILA WA 98168 -4384 24669 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 7 TUKWILA WA 98168 -4384 36089 China Pavilion Restaurant 14855 PACIFIC HWY S TUKWILA WA 98168 -4328 36177 Dawson Dev. (Newporter Apts) 14848 PACIFIC HWY S #10 TUKWILA WA 98168 -4384 24668 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 1 TUKWILA WA 98168 -4384 24681 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 12 TUKWILA WA 98168 -4384 24671 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 15 TUKWILA WA 98168 -4384 24674 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 2 TUKWILA WA 98168 -4384 24672 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 5 TUKWILA WA 98168 -4384 24682 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 8 TUKWILA WA 98168 -4384 37177 Stop Buy Corner Grocer 14857 PACIFIC HWY S TUKWILA WA 98168 -4328 37959 A & A Busy Mom 14848 PACIFIC HWY S 410 TUKWILA WA 98168 -4384 24676 TUKWILA COMMUNITY MEMBET 14848 PACIFIC HWY 5 10 TUKWILA WA 98168 -4384 24675 TUKWILA COMMUNITY MED43E1 14848 PACIFIC HWY S 13 TUKWILA WA 98168 -4384 24680 TUKWILA COMMUNITY MEMBEF. 14848 PACIFIC HWY S 16 TUKWILA WA 98168 -4384 24677 TUKWILA COMMUNITY MEMBE 14848 PACIFIC HWY S 3 . TUKWILA WA 98168 -4384 24679 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S G TUKWILA WA 98168 -4384 24667 TUKWILA COMMUNITY MEMBER 14848 PACIFIC HWY S 9 TUKWILA WA 98168 -4384 25466 Deli TUKWILA COMMUNITY MEMBEI•. 14862 PACIFIC HWY S TUKWILA WA 98168 -4329 22650 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 202 TUKWILA WA 98168 -4265 22677 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 205 TUKWILA WA 98168 -4265 22648 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 208 TUKWILA WA 98168 -4265 22651 TUKWILA COMMUNITY MEMBER 148.28 MILITARY RD S 211 TUKWILA WA 98168 -4265 23182 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 214. TUKWILA WA 98168 -4266 23185 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD 5 217 TUKWILA WA 98168 -4266 22660 TUKWILA COMMUNITY MEMBER 14828„ MILITARY RD.S 220 TUKWILA WA 98168 -4266 17492 BAXTER RESIDENCE 14828 MILITARY RD S TUKWILA WA 98168 -4275 ; 22659 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 203 TUKWILA WA 98168 -4265 22311 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 206 TUKWILA WA 98168 -4265 22649 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 209 TUKWILA WA 98168 -4265 22642 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 212 TUKWILA WA 98168 -4265 22671 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 215 TUKWILA WA 98168 -4266 22658 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S.218 TUKWILA WA 98168 -4266 23196 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD 5 221 TUKWILA WA 98168 -4266 18959 KANG RESIDENCE 15022 MILITARY RD S TUKWILA WA 98188 -2138 22644 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 204 TUKWILA WA 98168 -4265 22647 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 207 TUKWILA WA 98168 -4265 23192 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 210 TUKWILA WA 98168 -4265 22653 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 213 TUKWILA WA 98168 -4266 23184 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 216 TUKWILA WA 98168 -4266 23155 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 219 TUKWILA WA 98168 -4266 22646 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 222 TUKWILA WA 98168 -4266 29150 SMITH, FLOYD & ETHEL 15031 MILITARY RD S B272 SEATTLE WA 98188 -2100 36251 El Matador Apartments 14828 MILITARY RD S #222 TUKWILA WA 98168 -4266 23179 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 103 TUKWILA WA 98168 -4263 • 23188 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 106 TUKWILA WA 98168 -4263 J•. 22682 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 109 TUKWILA WA 98168 -4263 22654 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 112 TUKWILA WA 98168 -4264 22657 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 115 TUKWILA WA 98168 -4264 22641 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 118 TUKWILA WA 98168 -4264 22655 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 121 TUKWILA WA 98168 -4264 22667 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 101 TUKWILA WA 98168 -4263 23190 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 104 TUKWILA WA 98168 -4263 23190 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 107 TUKWILA WA 98168 -4263 22668 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 110 TUKWILA WA 98168 -4263 22663 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 113 TUKWILA WA 98168 -4264 22666 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 116 TUKWILA WA 98168 -4264 22669 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 119 TUKWILA WA 98168 -4264 22656 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 122 TUKWILA WA 98168 -4264 22652 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 102 TUKWILA WA 98168 -4263 23175 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 105 TUKWILA WA 98168 -4263 23186 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 108 TUKWILA WA 98168 -4263 22661 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 111 TUKWILA WA'98168 -4263 22664 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 114 TUKWILA WA 98168 -4264 22645 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 117 TUKWILA WA 98168 -4264 22662 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 120 TUKWILA WA 98168 -4264 22665 TUKWILA COMMUNITY MEMBER 14828 MILITARY RD S 201 TUKWILA WA 98168 -4265 g- / / LRWs .5orreg � ���ss i ��- De, g ► r, )D c 0 z =1- z W, re 2 J U' UO LU J F-. 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BATCH NUMBER: CO COMMENTS CUSTOMER NAME MIKE SAGHAFI 004100-0035-00 004100-0037-08 SEABREEZE APARTMENTS LLC. 819999 SCHEUER WILHELM 7320 6TH AVE STE 6 PO BOX 68248 TACOMA WA 98406 SEATAC WA 641160 98168 004100-0039-06 004100-0040-03 SEABREEZE APARTMENTS LLC 819999 SEABREEZE APARTMENTS LLC 819999 7320 6TH AVE STE 6 7320 6TH AVE STE 6 TACOMA WA 98406 TACOMA WA 98406 004100-0046-07 004100-0055-05 MAYER RUDY 773453 BLUE.GLENN C 551237 2133 SW 173RD PL VERTREES FRANK BURIEN WA 98166 ' 3400-S 150TH Y 1 SEATTLE WA 98188 ,004100-0070-06 004100-0321.703 CEDERLIND FAMILY:PT 63Z025 WEST.MICHAEL J Z0177 501 BRIAR RD BELLINGHAM WA 98225 14864 PACIFIC HIWAY S' SEATTLE WA '004100-0329-05 004100-0335-07. WEST MICHAEL J+DONNA:F 719999 OCTOWHOLDING.INC 18047 MILITARY'ROAD S '14845.PACIFIC HWY:S SEATTLE WA. 98188 .SEATTLE WA 98168 750890 98168 7e. City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: RECOMMENDATION: STAFF: ATTACHMENTS: STAFF REPORT TO THE PLANNING COMMISSION Prepared February 11, 1998 February 26, 1998 Notice of Public Hearing mailed February 12, 1998 to surrounding property owners and parties of record L98 -0001 Mike Saghafi Appeal of freestanding sign permit denial 15035 Pacific Highway South RC (Regional Commercial) RC (Regional Commercial) That Appeal L98 -0001 be denied. Deborah Ritter, Jack Pace A. Photograph of Flower Drum Sign, looking south along Pacific Highway (November, 1997) B. Proposed Sign Diagram, Epiros Restaurant November 12, 1997 application (S97 -106) C. Site Plan, Epiros Restaurant November 12, 1997 application (S97 -106) D. King County Assessor's Map Tax Parcel 004100 -0494 E. Elevation, Epiros Restaurant November 12, 1997 application (S97 -106 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 z a 6 JU U 0, CO w, w I? w w 0: g -J =w i_ w z I- a z r UCf 0 F- w W! -` �O Z w 0 z Staff Report to the L98 -0001 Epiros Greek Restaurant Planning Commission F. Elevation, Epiros Restaurant. December 4, 1997 application (S97 -111) Incomplete Request for Appeal (L98 -0001) Submitted December 9, 1997 Letter from Phillip Thom for Appeal (L98 -0001) Faxed January 9, 1998 TMC 18.72.020 Criteria for Granting Variance Permit. Letter from Pam Hawley Froemke Submitted December 31, 1997 Withdrawn December 31, 1997 TMC 18.72.070 Prohibited Variance TMC 19.28.010(6) Prohibited Signs (Off - Premises) Page 2 : Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant FINDINGS VICINITY /SITE INFORMATION Project Description: Appeal of freestanding sign permit denial Existing Development: Epiros Greek Restaurant Surrounding Land Use: Commercial Terrain: Relatively level site, located between Pacific Highway South and Military Road Vegetation: Public Facilities: BACKGROUND N/A N/A On November 12, 1997, George Pearisoeff of GK Signs (the sign contractor), submitted a freestanding sign permit, application on behalf of Mike Saghafi. Mr. Saghafi represents Epiros Greek Restaurant, the tenant at 15035 Pacific Highway South. The sign application proposed the alteration of an existing, non - conforming freestanding sign. This sign had been used by the previous tenant, the Flower Drum Restaurant (see Attachment A). The application was reviewed by staff and the request was denied on November 17, 1997 for the following reasons: 1. The face of the proposed freestanding sign is too large. Freestanding sign area is based upon the total linear street frontage of all sides of the lot. The sign area of the proposed sign (see Attachment B) appears to be approximately 136 square feet per face or a total of 272 square feet. The necessary street frontage for such a sign would have to be over 400 feet [TMC 19.32.140 D(3)]. From the submitted plan (see Attachment C), it was not clear whether the restaurant lot fronts on Highway 99, on Military Road, or both. Although the plan does not show property lines or the dimensions of the restaurant lot, it appears that the street frontage is well below 400 feet. NOTE: During subsequent conversations with Robert Kelley, attorney for the property owner (Hawley Enterprises), it was established that the parcel Page 3 • z W'. re 6 UO w W. W I —i u wO 2 g <. < _co 3 w zt-. r- O z �. w W: moo: 0— O E— w w' H 0 U. O: • Z. kJ co H =` 0 z 1 Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant containing Epiros is a separate parcel of record from the parcel of record containing the Flower Drum freestanding sign. According to Mr. Kelley, these parcels of record appear to have the same dimensions as the tax lots shown on the Assessor's map (see Attachment D). The tax lot occupied by Epiros is 004100 -0494. The Flower Drum sign and Trudy's Tavern are located on tax lot 004100 -0493. Based on this information, the parcel of record containing the Epiros Restaurant has approximately 90 feet of street frontage along Military Road and no street frontage along Pacific Highway. The maximum sign area for a freestanding sign with 90 feet of street frontage would be 50 s.f. per face with a total of 100 s.f. for all sides (TMC 19.32.140(D). The sign area of the proposed sign is at least double the allowable sign area. 2. The proposed freestanding sign is too high. Freestanding signs can be no higher than the building which it identifies [TMC 19.32.140 D(3)]. According to the plans submitted on November 12, 1997 (see Attachment E), the building elevation appeared to be 10 feet while the height of the proposed sign is approximately 21 -1/2 feet. NOTE: A subsequent wall sign permit application was submitted by Mr. Saghafi on December 4, 1997 (which was approved and issued the same day as S97 -111). This application included revised drawings of the building face, including a parapet wall (see Attachment F). An application for the parapet wall was approved under permit D97 -0346, which established the height of the building, including the parapet, to be 19.75 feet. The proposed freestanding sign would be 1.75 feet higher than the height of the building which it identifies. Location of proposed sign. Although the plan submitted by the applicant does not show property lines or the dimensions of the restaurant lot, it appears that the proposed freestanding sign is either outside the boundaries of the restaurant lot or may be located in an easement. Permanent off - premises signs are prohibited [TMC 19.28.010 (6)]. NOTE: As stated above, it has been established that the parcel containing Epiros is a separate parcel of record from the parcel of record containing the Flower Drum freestanding sign. Page 4 ; Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant 4. Removal of previous sign (Flower Drum Restaurant). Upon the closure and vacation of a business or activity, the owner of said business or activity shall have 30 days from the date of closure to remove all signs relating to the business or activity. If the owner of the business or activity fails to remove the signs within the designated time limit, then the owner of the property upon which the signs are located shall remove the signs within 60 days of the closure and vacation of the premises. If the owner of the property on which the signs are located fails to remove the signs within 60 days, then the Planning Director upon due notice may remove the signs at the owner's expense [TMC 19.28.040]. 5. Alteration of Non - Conforming Signs. The request for a change in the existing freestanding sign would require the altering of a non - conforming sign (see Items 1, 2 and 3 above). This is prohibited under TMC 19.28.030. APPEAL OF STAFF DECISION A letter restating the reasons for the sign permit denial was issued directly to the applicant on November 25, 1997. On the deadline for the appeal filing (December 9, 1997) Mr. Saghafi submitted his appeal request (see Attachment G). Staff determined this request to be incomplete per TMC 18.116.030. Mr. Saghafi was provided an extension until January 9, 1998 to produce the missing documentation. To supplement his client's appeal documentation, Phillip Thom faxed a letter to DCD on January 9th (see Attachment H). DECISION CRITERIA Appeal Issue #1 The documentation provided by Appellant's attorney, Phillip Thom, does not address the requirements of TMC 18.116.030(A)(3), highlighted below: A. Every Notice of Appeal shall contain the following information: 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. .;:. .. • Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant 3. A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors 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 raised in the Notice of Appeal. From the date of his original appeal request on December 9, 1997, the Appellant was given an additional four weeks to perfect his appeal. Mr. Saghafi and his attorney were provided with copies of the appeal requirements as stated in TMC 18.116.030. Appeal Issue #2 Instead of addressing the appeal criteria stated above, Mr. Thom's letter appears to respond to the criteria for granting a variance (see Attachment I). However, neither a variance application nor the associated $600 fee was attached to Mr. Thom's letter. Pursuant to TMC 18.72.020 the Hearing Examiner, not the Planning Commission, considers all variance requests. Mr. Thom's letter appears to be based on an earlier letter submitted on December 31, 1997 by Pam Hawley Froemke, one of the property owners. Ms. Froemke's stated intention was to support an appeal request. However, she advised DCD that her letter had mistakenly focused on a variance request and she immediately withdrew her letter (see Attachment J). Appeal Issue #3 The applicant and his attorney were advised that variances cannot be granted for off - premises signs (TMC 18.72.070, TMC 19.28.010(6)) (see Attachment K). Mr. Saghafi was provided with this code information on November 25, 1997 and Mr. Thom was provided this information on January 6, 1998. CONCLUSIONS .1. The Appellant's freestanding sign application (S97 -106) was denied because its design and location were in violation of Tukwila Municipal Code. The Director of Community Development acted within the requirements of the City code in denying the sign permit. Page 6 - Staff Report to the L98 -0001 Planning Commission Epiros Greek Restaurant 2. Based on the information provided by Mr. Saghafi and his counsel, as well as staff review of the Tukwila Municipal Code, the Appellant has not shown specific errors of fact or errors in application of the law in the decision being appealed. The appeal request does not meet the requirements of TMC 18.116.030. The Appellant's arguments address variance criteria rather than code - required content of a Notice of Appeal. The Planning Commission may not hear a request for a variance. Per TMC 18.72.020 only the Hearing Examiner may hear variance requests. The Appellant cannot be granted a variance for a prohibited (off - premises) sign per TMC 19.28.010(6) and TMC 18.72.070. RECOMMENDATION Staff recommends that Appeal L98 -0001 be denied. Page 7 ,. z Z° IX JU • .0 Cr: 3 N 0 • cow: L111. 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CITY 'L-IM ( T5 1558. h4 0 3 1N31A1H3V.LIV 1 CIROMMIIII Mir Monmon• moo =um miNt mom mom!: • IIMMENSImmilmornimom 1•111•11•111111=10•11.1••■■ 0 z 0 Id 0 '6) Id 0 z t-c • • • • ;■ • 1N3WHOVI11Vl z H z: re w. 6 UO p: J I W }Or co —J d w z. �. 1- O Z 1— UJ 2 Ow I— W U O: .Z liJ Ol l2 -09 - 1 qg G'/7 Vf 12/10w1/,' (p7'v7 9/ 20 D7 P6_g /�,1/2d/�,�) ffee4_ Zi" _/ , a1- a/ C.o'`P/7/V/ e.,/fl a 5 DPA'c= =yg )5 p/".&// - / f • &/1/7/7-e-rpe=gFo ; M i V E N //YSeT ; (4g5) Fz - 1434 e / /e /`% l,v/ qff/6f CITyROFETuKwilA DEC 0 9 1997 PERMIT CENTER ATTACHMENT G �, z i..• w re 6 JU. U 0, CO w; w =, - H N w 0. J • a. =w I- w; Z I- D • o. :0 N'.. w w • U' wz U =; 0 1'' z ._: -JAN 09 J. WILLIAM Azttewuc t 04 33PM STP'R D FREY COOPER L'I'AFFORD FREY CO 01-ER. Rorw. ScarrBtr Prafeooional Corporation • ScorrD. Broau.. • Founded 1906 Mlacnar. C. BotiAsniA ATTORNEYS ROMNEY R. BnatN Arras M. B Kt 2500 Rieman Tow= Thum; A.&l c 1301 FBtaAvaws joie; G. COOPER Surma, Wnswrmnrr 98101.2621 Mnttgtul8 W. DosAAxa; • • TircEnt *ra (206) 623 - 9900 A. Rica= DYysi FACSIMILE (206) 624-6885 MICHAELAMIR HarsrM= Txotu M. PtrzPArxrtx THoula D. hose Harr/K HAM it ox Fax Cover Sheet January 9, 1998 P.1 /4 ICEVtrsrrc I-ioaas .Si ptirat P. LAIeo r LARRY E McMvumt Maces B. NASH • WILLIAM L NaAL DtivwJ. Orp..ACas. Jotar ED. PowEU. TImA H. SCHLIIas PiiILLIP L. TBor.c JAI:0 P. WAGNIIR JA.tEST, Or Cot SHANVOWST,+p7 M DAVID E. FL4xr x RECEIVED CITY. OF TUKWILA JAN 091998 PERMIT CENTER To: Company: Telephone No.: Fax No,; Ms, Deborah Ritter. Dept, of Community, (206).431 -3663 (206) 431-3665 Development �� Li3'3- /2..3.3 From: Phillip L. Thom Regarding: Appeal of Mike Saghafi, Our File No. 7963/18915 Number of Pages: 4 (including this page) • Comments: Attached letter. • Hard copy to follow. The infcamstion contained in this finsimile is confidential end my alro be privileged. The infoanstie is letea6ad ea.y fez lha me of the individual or entity to whom it is sd?scssod. IL }vu an, Ant intended tvdpisnt, or the employee or agent teaponaibto for dolivering it to the btu:wird recipient, you ire x;eiy nctiticd that Cry ua dissemination, distribution at capyin; of this ccu- muricue: strictly prohibited Ufyoa have received this rictimile lo. erer, please immcdit cly notify to by a collect telephone exit to (306) 623 -9900. and rettun the atiEinal r;♦e.J, j i`M ice v t the U9 Postal3uvieo. Th.eak you A) A „ !t1 _ F' F- Z mow`. 6U oo N (OW W= J 1.—, W0 l'i 'o F- ',w W . Z'. w ~o E' z: .71TI 09 '98 .04:34PM STAF •7D FREY COOPER P.2'4 • J.Wu.LIdAoran Tor • S'T'AFFORD FREY COOPER KINNIrlit xo, RONALD Styr BEVIS STEP— P. Luzon . &arra BmsEt . P�ojeeaianal'CorporaN.on LAn.¢Y E. McMott R r s R BRAIN M I C H A E L C. BOLAAtNA • A T T O R N E Y S Fow'drd 1.905 Wan/JAL. MAT, MA 8. ■ss ANNA M. Braes mrg D.�vro J. o neaa Tt�xa rA. Bvcx 2500 RAIN= Town Jolty E.D. PowE,t JOHN G. CocPBs 1301 FrrrH AvsNus . TtreA x scsmsan MEsomaxW. DozsANcs 9aArrtB Wa9mrcrax 98101 -2631 PHILLIP L. Txasc Q A. Riau= Drss13IA . • • Tstsr'xa a (206) 623 -9900 I P. W,ticxaa Mta�AataraJStF,flaBNeaaa I— Z FAC LMILH (206) 624 -5885 �A7AB T. YARD THOMIS M FIMPATYIGX Qs CO WM. . Mows ID. Pm* . SH�NrrovSr,�rozn 'J U DAn E t ury 0 Ham K, HADUtort t N o U w. 0 Lt ' RECEIVED w O CITY OF TUKWILA January 9, 1998 2 J JA? r 9 798 u.<, �' PERMIT CENTER U 3: ii_ •Ms. Deborah Ritter =. Assistant Planner • • . Z 1- H o. ' • Dept. of Community Development w Z I`. w. City of Tukwila . . D o' 6300 Southcenter Blvd. ;O N; Tukwila, WA 98188 = w. F— V Re: Appeal for Freestanding Sign Permit (S97 -106) um ,-: . , Epiro's Restaurant ®15035 Pacific Highway South Z ~_' Dear Ms. Ritter: o z • I am writing this letter. so that it may be included in the appeal which I have submitted in regard to the restaurant, Epiro's, per TMC 18.116.030, of our client, Mr. Mike Saghafi. • In reference to the decision not to allow a free- standing sign to remain due to the location of the proposed sign, I submit the following reasons why the application of the law in the decision will result in harm to the business of my client, Mr. Saghafi: 1. Allowing the existing sign to remain does not grant any special privilege. This sign frame has been in existence since the 1960, identifying a Local restaurant which is at this location; 2. The address of the restaurant is 15035 Pacific Highway South, but the building is located behind other business, which creates a. unique situation, that being, the location and surroundings which limit the view of the business, and although it is at CACI NI9\ 7781.7%. \7983\ 17/71ALMIMAYLTLSW.eo4, • ... '• • JAN 09 '98 04: 34PM STP " —s7D FREY COOPER Ms. Deborah Ritter. January 9, 1998 . Page .2 • • P.3 /4 . a. Pacific Highway South address, . it sits back off the highway, behind these other Z businesses;. 1 z � w 0 3.' . Because the sign has been in existence for 30 years, it is not adding anything u6 that is materially detrimental to the public welfare, or injurious to property or , co o. improvements in the vicinity; w = uJ J H N u: 4. These special and unique conditions and circumstances prompting my appeal w o of this decision do not result from any, of Mr. Saghafi's actions, He took over a building u.7,- which previously housed a restaurant and used the existing sign. The use of the D building will remain the same; • I D. W z F-. 5. Allowing the existing location of the sign to remain represents the least z o; amount of deviation from the prescribed regulations. Mr. Saghafi has agreed to reduce Ili j the height of the sign to 19 feet, 9 inches and to not use more than 100 square feet on v o each side.of the sign as prescribed by your ordinances; o N o� wLu 6. Most importantly, the granting of this permit shall result in greater 1- �' convenience to the public in identifying the location of the business. It is this issue — o which is at the heart of the matter. Several times when Mr. Saghafi has requested work v cn to be done at this location,, but when he does not mention the Flower Drum name, o workers are confused because, although they knew the address of the restaurant, they z could not see the building directly on the highway. This is why the sign remaining on the highway is so important The harm suffered by a business with a Pacific Highway South address, yet not located directly* on the highway, without a sign showing. its location, is greats . 7. Allowing this sign to remain in no way interferes with ,the location and identification of adjacent business buildings or activities, as this sign has been in place for over 30 years, with no interference at all. In closing, the Hawley family (the landlord) has owned the properties where this sign and businesses are located for over four decades. The sign, which is now being considered "off- premises" is located on a large section of property wholly owned by the Hawleys. I respectfully submit that this particular sign, at its present location, should be "grandfathered" in, and be allow to stay, for this exact reason. Mr. Saghafi is anxious to come in and help to clean up an. area which desperately needs it This will be a quality restaurant, attracting a good clientele, but only if they Q\ o2aBV9 61- 79a4\7903\1e91a\tsrressVaruw.rx . .'• '..7At4 09 ' 98 04: 34PM ST-D FREY COOPER Ms. Deborah Ritter .January 9, 1998 Page 3 •• • F. 4/4 are able to find it I am hopeful that, along with the merits mentioned, those persons making. the •decision regarding this appeal will see the economic benefits associated with this restaurant as well. Withoutthe sign, I do not see that any business can survive at this location; Thank you for considering the appeal. Please feel free to call me if I can be of any assistance. • PLT:vf • 1. • cc: Mike Saghafi QAC-Mirs \ na-7;60\79e3W913\tX]:= ?MA Uncc Very truly yours, TUKWILA MUNICIPAL CODE 18.70.120 Sidewalk dedication. No building setback or landscape area on the sub- ject lot at the time of donation or easement to the City for sidewalk purposes shall become nonconforming by reasons of such donation or easement. (Ord. 1758 §1(part), 1995) Sections: 18.72.010 18.72.020 18.72.030 18.72.040 18.72.070 Chapter 18.72 VARIANCES Purpose. Criteria for granting variance permit. Conditions for granting — extension. Application requirements. Prohibited variance. 18.72.010 Purpose. It is the purpose of this chapter to authorize upon appeal in specific cases such variances from the provi- sions of the zoning ordinance or other land use regula- tory ordinances as the City may adopt which will not be contrary to the public interest and only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship. (Ord. 1758 §1(part), 1995) 18.72.020 Criteria for granting variance permit. The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the board finds that all of the following facts and conditions exist: 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; 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order 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; 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan; 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. (Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995) ATTACHMENT 1 D 40 1. n z • • �w law JU; O 0 CO 0. cn w. J. F=.. U) u_ w 0. • =i co = W z' 1— 0 Z I, L1.1 uj :0 — 0 I-'. 1- LI0. .z. Uco O~ z. Trani Date: To: Fax Numbe From: Our Phone: Our Fax: 12/30/97 Tukwila Planning Commission, City of Tukwila (206)431 -3665 am Hawley. H ley Enterprises, Inc. (36 825 -7273 (360) 02 -4388 No. of pages including this aver page: 4 RECEIVED CITY OF TUKVVIL4 DEC 3 1 1997 PERMIT CENTER . ►I:.�.. 1 199 ljNiPst Re: Epiro's Restaurant Please see the following three-pa ge letter, to be submitted with and considered in regards to Mr. Saghafi's appeal: Thank you: Please call if you experience any transmission problems. OQC^ 77c, 71CC ATTACHMENT J C7C T •.1,-11.47 1 n 7: Wr1 W 1 1.1,•tC%' : o , :, .� Hawley Enterprises, Inc. P.O. Box 1002 Enumclaw,' . WA 98022 -1002 (360)825 -7273 December. 29, 1997 z 1-z Tukwila . Planning Commission cell' l City of Tukwila • 6300 Southcenter Boulevard, Suite #100 o o u, o ' Tukwila, WA 9818 ' w w i. J H Sent by Fax to (206)431 -3665 o g • a' RE: Appeal for Freestanding Sign Permit (S97 -106) cn a Epiro's Restaurant @ 15035 Pacific Highway South 1- w I. ? f-, Dear Planning Commission Members: w o 1 am writing this letter so that it may be included in the appeal which has 0 �' been submitted by Mike Saghafi .of Epiro's Restaurant, per TMC 18.116.030. o w w, In reference to the decision not to allow a free-standing sign to remain a due to the location of the proposed sign, I submit the following reasons Cu N. o why the application of the law in the decision will result in harm to the ,o P. -± business afore mentioned. z Regarding TMC 19.12.060 (Criteria for granting variances), I believe a variance is urgent, and will explain why using the necessary. criteria: Z 'd 19.12.060 (1)The variance as approved is not granting any special privilege. This sign frame has been in existence since the 1960's, identifying a local restaurant which is at this location; (2)The address of the restaurant is 15035 Pacific Highway South, but .the. building is located behind other businesses, and, per TMC 19.12.060(2) the "variance is necessary because of special circumstances," those being the location and surroundings which limit the 1 c c, Ina nac 1,'Ifl)4 -a E 'd • V good clientele, but only if they are able to find it. I am . hopeful that along with the merits mentioned, those persons making the decision for this variance will see the economic benefits associated with this restaurant' • as well. Thank you for considering Mr. Saghafi's appeal. Please feel free to call me if I' can be of any assistance. Sincerely, fatit PAM HAWLEY ROEMKE Secretary cc: John "Wally Rants, Mayor Tukwila City Council Deborah Ritter, Assistant Planner Robert C. Kelley, Attorney Mike, and Fay Saghafi .• d 3 88SV ZO8 09£ S?S I �+dd91N2 ,' 21M'H HOd WdLZ : 9 L66 l - l E -Z l �•, mow: 0 O:. CO W W I; W lL Q N e z�, z� w: 'U .YO U, 0E- WW 0 Z; 1= _. O z 18.72.030 Conditions for granting — extension. In authorizing the variance, the Hearing Examiner may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest. A variance so authorized shall become void after the expiration of one year or a longer period as specified at the time of the Hearing Examiner action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the Hearing Examiner may extend the period of variance authorization without a public hearing for a period not to exceed twelve months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval. (Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995) 18.72.040 Application requirements.. An application to the Hearing Examiner for the issuance of a variance shall be made on forms prescribed by the DCD. All applications shall be accompanied by a filing fee as required in the Application Fees chapter of this title. All variances shall be processed as Type 3 decisions pursuant to TMC 18.108.030. (Ord. 1796 §3(part), 1997; Ord. 1770 §48, 1996; Ord. 1758 §1(part), 1995) 18.72.070 Prohibited variance. Under. no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone. (Ord. 1796 §3(part), 1997; Ord. 1758 §1(part), 1995) TITLE 18 — ZONING Chapter 18.80 AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS Sections: 18.80.010 Application. 18.80.015 Documents to be submitted with application. Docket. Notice and comment. Staff report. Council consideration. Council decision. 18.80.020 18.80.030 18.80.040 18.80.050 18.80.060 18.80.010 Application. Any interested person (including applicants, citi- zens, Tukwila Planning Commission, City staff and officials, and staff of other agencies) may submit an application for an amendment to either the compre- hensive plan or the development regulations to the Department of Community Development. Such applications are for legislative decisions and are not subject to the requirements or procedures set forth in TMC 18.104 to 18.116. In addition to the requirements of TMC 18.80.015, the application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. (Ord. 1770 §52, 1996; Ord. 1758 §1(part), 1995) ATTACHMENT K Prinfor! ()rfnf,or 10 1007 , TITLE 19 — SIGN CODE 19.24.040 Cloth signs — Clearance. Cloth signs may extend across a public right-of- way only by permission of the City Council, and shall be subject to all related laws and ordinances. (Ord. 1274 §1(part), 1982) 19.24.050 Real estate directional signs. A. Real estate directional signs shall have a maximum size of six square feet. Such directional signs shall not be placed closer than four feet to the edge of the public right -of -way and shall not be placed in such a manner as to constitute a public safety hazard. B. No more than two such signs shall be allowed at any one intersection. Only one sign per develop- ment shall be allowed at each intersection. Three signs (total) per development shall be allowed. (Ord. 1274 §1(part), 1982) 19.24.060 Sign identification. All temporary signs shall have the sign permit number placed at the upper left -hand corner by the permittee. (Ord. 1274 §1(part), 1982) Chapter 19.28 PROHIBITED SIGNS AND DEVICES Sections: 19.28.010 19.28.020 19.28.030 19.28.040 Designated. Unauthorized signs on or over public right - of -way — Removal. . Non - conforming signs. Closure and vacation of business — Time limit for sign removal. 19.28.010 Designated. The following signs or devices are specifically prohibited: 1. Signs adjacent to State roads and not complying with Washington State Department of Transportation regulations. 2. Signs using the words "stop," "look" or "danger ", or any other word, symbol, character or color which might confuse traffic or detract from any legal traffic control device. 3. Animated signs, unless • specifically approved as a Type 2 decision according to the following criteria: a. Such signing is deemed necessary to the type of marketing customary to a particular classification of business enterprise. b. Such signing consists of a permanent fixture, and symbols or letters of plastic, metal or electronically controlled material. c. Message content of such signing is limited to time, date, temperature, or business hours. 4. Rooftop signs supported by exposed trusswork and wall- mounted signs extending above the parapet line. 5. Unique signs unless specifically approved as a Type 4 decision; permits may be approved if in the judgment of the Planning Commission or, on appeal, the City Council, the effect of the proposed sign would not contribute to a cluttered, confusing or unsafe condition. 6. Permanent off - premises. signs, except shared directional signs as provided in TMC 19.32.020, billboards as provided in TMC 19.32.040, and planned shopping centers (mall) signs as provided in TMC 19.32.150. 7. Strings of pennants, banners or streamers, festoons of lights, clusters of flags, wind- animated objects, balloons and similar devices of a carnival nature except as specifically provided in TMC chapters 19.12 and 19.24. Not prohibited are national, State, and institutional flags properly displayed or temporary signs and decorations customary for special holidays, such as Independence Day, Christmas, Tukwila Days, and similar events of a public nature. z �z ce w 6� .J 00 c . J 1.- N u. co 3 w O. 1 z� zo uj off' F- ill w 1- O wz U =. O~ z I A F F I D A V I T E Notice of Public Hearing O Notice of Public Meeting O Board of Adjustment Agenda Packet fl Board of Appeals Agenda Packet []Planning Commission Agenda Packet Q Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: []Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit []Determination of Non - significance fl Mitigated Determination of Nonsignificance []Determination of Significance and Scoping Notice fl Notice of Action Ll Official Notice p Other []Other was mailed to each of the following addresses on 1- 9f2.A.►C.21 1),19198 . rr ����m"" Name of Project C. A;t2o5 2ee�L t.0%�u7w�� Signature -loir L/F av1�e File Number, L 9 R--W31 1 11 S91 -V 0 . Z ,mow. rC J 0 0 1 () o; cnw W =+ U) w:. wo gQ co —0 _ Z 0: Z~ 2j � U O N! o w w. LL Z. O c: 1=_ O H. z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director FEBRUARY 12, 1998 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Mike Saghafi of Epiros Greek Restaurant at 15035 Pacific Highway South, Tukwila, Washington has submitted an appeal request, Number L98 -0001, to appeal the denial of a permanent sign permit application. You are invited to comment on this appeal at the public hearing scheduled for February 26, 1998 at 7:00 p.m. before the Planning Commission. The hearing will take place at City Hall in City Council Chambers, 6200 Southcenter Blvd. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact Deborah Ritter at 431 -3663 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Permits applied for include: • Freestanding Sign Permit (S97 -106) FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 • Phillip L. 'Thom Stafford, Frey, Cooper 1301 Fifth Avenue, Suite 2500 Seattle, WA 98101 -2621 Ms. Pam Hawley Froemke Hawley. Enterprises, Inc. P.O. Box 1002 Enumclaw, WA 98022 -1002 Robert C. ,Kelley• . Oseran, Hahn, Van.Valin & Watts, P.S. 10900 N.E.'4th St.', Ste.,, 850 Bellevue, WA 98004 Mike Saghafi ,.;Epiros Greek Restaurant . 15035 Pacific Highway South Tukwila, WA :98188 :, z.. z; CZ g U, U0. 4 (0 0 W= J W Or gJ' CO W F- 2 z E—.. W w: :O N,. Ok ;w W - 0; LLiZ 0 • •, • • *'v+.vvvv*,*"**v*v^"" **++*^ ,"**++ ;pit ^v*p* 'at ^***""v"r,*vv,v"^"�v***"**^' '* BATCH NUMBER: * CUSTOMER NAME MIKE 5ACHAFI • 004100-0035-OO 0O4100-0037-08 3EA8REEIE APARTMENTS LLC 819999 SCHEUER WILHELM 641160 7320 6TH AVE STE 6 PO BOX 88248 TACOMA WA 98406 SEATAC WA 98168 /a:4 COMMENTS 4I00-0039-06 St :? EZE APARTMENTS LLC 7320 6TH ' STE 6 TACOMA WA 004100-0048-07 MAYER RUDY 2133 SW 173RD PL BURIEN WA .004100-0070-06 CEOEKLINO FAMILY PT 501 BRIAR RD BELLINGHAM WA 004100-0329-05 WEST MICHAEL J+DONNA F 18047 MILITARY ROAD S SEATTLE WA 004100-0350-07 KANG YONG JA 506 SW 322ND 5T FEDERAL WAY WA 004100-0384-07 5UP[NO TOM 3231 S 150Th SEATTLE WA -0390-09 M4YER 2133 SW 173RD P BURIEN WA 00-0395-04 MAY 2133 SW 17 ^ BURIEN WA ----- 00-0403-04 MAYER 2133 SW I7 BURIEN WA 819999 98406 773453 98166 63Z025 98225 719999. 98188 589999 90403 7N9999 98188 462214 98166 462214` --98186 - ' —' 004100-0409-08 DEROUIN ROY H 15061 MILITARY RD S SEATTLE WA 004100-0416-09 DEROUIN ROY'H 10332 AURORA'AVE N SEATTLE WA 004100-0422-01 TAFF MARJORIE D 15059 92ND PL:S SEATTLE WA • .-• — '004100-0429-04 WALKER BRET 10476 16TH AVE S SEATTLE WA 462214 98166 98188 299999 98133 Z0275 98188 SEKBREEZE_APARTMENTS LLC 7320 6TH TACOMA NA 004100-0055-05 BLUE GLENN C 'VERTREES FRANK 3400 S 15OTH SEATTLE .WA ^ ' 004100-0321-83 WEST MICHAEL J 14864 PACIFIC HlWAY S SEATTLE WA 004108-0335-07 OCTON HOLDING INC 14845 PACIFIC HWY S 3EATTLE'H4 00410070380-01 MAYER.R L 2133 SW •l73RD PL •BURIEN.WA 004100-0387-04 HUNT EUGENE 3+CATHERINE M PO •8OX 88188 5EATTLE•WA 2133 SW:17 BURIEN WA 819999 551237 98188 Z0177 98168 750890' 98168 462214 98166 6D9999 98168 _'�� 462214 -------.�;8168 004100-0398-01 � HUNT EUGENE S+CATHERlNE M 609999 PO BOX 68186 SEATTLE WA 98168 7O9999 98168 00/ 480-00 KANG HEE & SEE JEE 721221 15022 MILITARY SEATTLE WA 004108-0494-04 uw°r o 004100-0406~01` DEROV%N ROY.H 1157 N 166TH SEATTLE WA 743640 98133 004100~0412-03 LOPEZ jDSEMARTIN ' 3248 3.152ND'ST SEATAC WA 004100-0419-06 'LAMB MICHAELB 2819 15T AVE V38O SEATTLE WA 004100-0428-07 ULANOWSKI:ALAN E 15045 32ND PL .S SEATAC W/\ 559999 98188 '-- - '539999 98121 629999 98188 _� 004100-0492-09 DOBOSH:RO8ERT P C SHELLY 0'706455 15049 32ND PL 5 SEATTLE WA 98188 004100~0493-05 HAWLEY ENTERPRISES INC PO 8OX.1002 ENUMCLAW WA • 004100-0495~03 .�`~"^°'^'~`'` 353089 98O22 , • ENTERf'R:ISES,NC PO BOX 1'- ENUIICLAW WA 004100 - 0514 -00 KERN GERARD J +CAROL A PO BOX 389 MEDINA WA 004100 - 0516 -08 KANG HEE YEOL &'SEE JEE 15022 MILITARY RD S SEATTLE WA 04100 - 0520-02 CO NW LTD PRTNRSHP ATTN n ` 'T PO 80X 256 DUBLIN OH 353089 98022 775473 98C39 730003 98188 2N1016 004100- 0530 -00 WENDCO NW LTD PRTNRSHP 2N1016 ATTN TAX DEPT PD BOX 256 DUBLIN OH 43017 004100- 0536 -04 DUNSTAN THOMAS E JR +JANET J4N9999 6436 NORTHEAST 192ND PLACE SEATTLE WA 98155 '004100- 0660 -02 CASSAN•JAMES T +DORIS 0 % RAINBOW TRAILER HAVEN PO BOX 68428 SEATTLE WA 004100- 0690-06 HAWLEY ENTERPRISES INC PO BOX 1002 ENUMCLAW WA 903290 1988 -0 98168 353089 98022 004300- 0018-09 HERITAGE-PACIFIC SOUTH CENT769999 335 N WILMOT V250 TUCSON AZ 85711 004300- 0080-02 COMISKEY ROBERT C/0 MCDONALD'S 245 SW 193RD PL NORMANDY PARK WA 004300- 0093 -07 EATON GEORGE L E MARY 19304 4TH PL SW SEATTLE WA 4300-0096 -04 CO EY ROBERT. C/O MCD 245 SW 193RD PL NORMANDY PARK WA 430006 98166 E 552974 98166 430006 66 '004300- 0105-03 FOY FRED 21312 212TH AVE SE MAPLE VALLEY WA 772620 98038 004100-0495 -03 KEY . BANK f1,4WASH 1119 PACI : AVE MS0291 TACOMA WA 00-0515-09 KE8 PO BOX 389 MEDINA WA +CAROL A 451105 98411 6N1052 ---9 @039 004100- 0517 -07 HENKLE FAMILY TRUST 490006 C/O HENKLE D R C 8 J TRSTEE 147 SWINOMISH DR LA CONNER WA '0-0 0- 0525-07 • DES NE FRANK SR PO BOX 02 SEATTLE WA 98257 391781 8188 9999 98055 009999 98002 391782 98188 539999 98121 7N9999 98168 430006 9816 C0177 98002 451105 98411 759999 98188 004100-0535 -05 LUTZ LORI JO & CLARENCE N Y ; ° 10 15920 SE 177TH RENTON WA 004100-0537 -03 VACCA'PRISCO +ELISABETTA .38226.160TH PL :SE AUBURN WA. 004100-0680 -08 OESIMONE "FRANK SR PO BOX 68902 SEATTLE WA. 004300- 0014 -03 LAMB MICHAEL 8 '2819 1ST AVE V360 SEATTLE WA 004300-0019-08 LARSON RICHARD +KAY; PO. BOX '68267 SEATTLE WA 00-0090-00 COM`SK�ROBERT C/O MCDON*LDLZ 245 SW 193RD PL NORMANDY ;P.ARK WA 004300-0095-05 BALL FRANK L; :10704 SE 326TH AUBURN'WA 300-0100-08 KEB&A1KOF . WASH 1119 PACIFIC, KS TACOMA .WA 004300 - 0108-00 VESPER; KENNETH:M +IONE A 3481 5 152ND ST SEATTLE WA Z a• w 6 j0� 00 CO O U) W WI J H • W, W O. I =i s 12 d. H W Z� I-. 0 W C~. W O N: O H, = W W — O, • Z. W F- O H Z Phillip L. Thom Stafford, Frey, Cooper 1301 Fifth Avenue, Suite 2500 Seattle, WA 98101 -2621 Ms. Pam Hawley Froemke Secretary Hawley Enterprises, Inc. P.O. Box 1002 Enumclaw, WA 98022 -1002 Robert C. Kelley Oseran, Hahn, Van Valin & Watts, P.S. 10900 N.E. Fourth Street, Suite 850 Bellevue, WA 98004 Sn\r\C6t \L C)5 R&cAk‘"/(- ‘)\-\ (k) LOk TIAME of (Z-e corD L& - 000 eie\ WPEAL ••z Li? D: JO; (/) WI. • . • w=. Jam'. W O J • u) a I_ w • •1-O • : z• F-, w. o • w w O • - ' :O •z• . 1 A F F I D A V I T O F D I S T R I B U T I O N I, 10 ?plc. hereby declare that: Notice of Public Hearing fl Determination of Non - significance 0 Notice of Public Meeting fl Mitigated Determination of Nonsignificance 0 Board of Adjustment Agenda 9 Determination of Significance Packet and Scoping Notice Q Board of Appeals Agenda ❑Notice of Action Packet 0 Planning Commission Agenda 9 Official Notice Packet 0 Short Subdivision Agenda 9 Other Packet Q Notice of Application for 9 Other Shoreline Management Permit 0 Shoreline Management Permit 4 ed mailed to each of the following addresses on was 6_1zakkt-11L)-nk4-0 :z p J I i`cc,t d -11 -618 Name of Project �pU S 6"12re� �P,S -cuikb Signature 141,71 aJ File Number. 1^9 S z • n. U O:. • •cnw' Jam': w0 • = cu �w z �.. O. zi D U ` • !O -; . .w w • 1- V'. ..z. ti)! O~ . .z . City of Tukwila Department of Community Development City of Tukwila PUBLIC NOTICE John W Rants, Mayor Steve Lancaster, Director Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will be holding a public hearing on February 26, 1998 at 7:00 p.m. located at 6200 Southcenter Blvd, to discuss the following: CASE NUMBER: APPLICANT: REQUEST: LOCATION: PLANNING COMMISSION PUBLIC HEARING L98 -0001 Epiros Greek Restaurant Appeal of denial of permanent sign permit application. 15035 Pacific Highway South, Tukwila. BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING CASE NUMBER: APPLICANT:. REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: L97 -0074 Wendy's International Design Review approval of a 3,075 sq. ft. fast food restaurant. 16200 West Valley Highway. L97 -00079 Johnson Braund Architects Design Review approval of a 15,000 sq. ft. two story office building. 15150 - 51st Avenue South Persons wishing to comment on the above cases may do so by written statement or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: February 13,1998 Seattle Times Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property Owners, File. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 z I_ w. 6 J 0 U0 U) 0:, W =. I-• W. W 0' • 2 gQ`. _. z �. F- 0 z �. n • 0: 0 0 '0 F-` W w: I- F.. w UN 0 z S 152 St L98 -0001 Appeal North $ • Z _ U O; • 10 CV > CO w =: W O< g J' LL Q' D. I—O; Z F—: gyp', 0 co, : ID I_ W uji IIV O' Z: • LLI on: 017, z City of Tukwila John W. Rants, Mayor January 23, 1998 Department of Community Development NOTICE OF COMPLETE APPLICATION DATED JANUARY 23,1998 Mr. Mike Saghafi Epiros Greek Restaurant 15035 Pacific Highway South Tukwila, Washington 98188 RE: Appeal of Permanent Sign Permit Denial (L98 -0001) 15035 Pacific Highway South Dear Mr. Saghafi: Steve Lancaster, Director z w re J U' U O! O; W Z; -.I I.- uJ0' g ¢: a mow. 1-o. z F-• LLJ Cl Your request for an appeal (in connection with the above - referenced file) has been found to be complete as 0 H of January 9, 1998: Your appeal request has been assigned to Deborah Ritter. The appeal has been tentatively scheduled for a public hearing before the Planning Commission on February 26, 1998. v'. The hearing will be an open record hearing requiring that neighboring residents, businesses and property LL z' owners within 500 feet be notified of the scheduled hearing. In order to meet the minimum time frame for V =: public notice requirements, you must provide our office with the following, on or before February 6, ~O F- 1998: Z _ 1. One set of address labels meeting the requirements of Attachment A (enclosed) by the date specified. 2. One copy of King County Assessor's maps meeting the requirements of Attachment A. Please note: in November, you provided this office with Assessor's maps NW 22 -23 -4 and SW 22 -23 -4. We are returning these Assessor's maps to you at this time so you may indicate the 500 foot radius. If you are not able to meet the February 6, 1998 deadline, your appeal will be rescheduled for the next available hearing date. This determination of a complete application does not preclude the ability of the City to require additional information or documentation, if, in our estimation, it is necessary to meet the criteria for a Notice of Appeal as stated in TMC 18.116.030. As we noted in our conversations with you on both December 9, 1997 and January 6, 1998, your appeal request appears to not directly address the specific criteria for a notice of appeal. However, we have agreed to place your request before the Planning Commission. Our staff report, which will be presented to the Planning Commission in connection with your appeal request, will be mailed to you approximately one week prior to the public hearing. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 ; Mr. Mike Saghafi January 23, 1998 Page 2 You will have the opportunity to present your case before the Planning Commission on the date referenced above. Other interested parties may also appear at that time in support of your appeal request. Should you have any questions, please feel free to call me at 431 -3663. Sincerely, Deborah Ritter Assistant Planner Pam Hawley Froemke, Hawley Enterprises Phillip L. Thom, Stafford Frey Cooper Robert C. Kelley, Oseran Hahn ATTACHMENT CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98183 Telephone: (206) 431 -3670 ADDRESS LABEL REQUIREMENTS The City of Tukwila requires that neighboring 'residents, businesses and property owners be notified of certain types of pending applications in order to encourage citizen participation in the land use process. Applicants are therefore required to submit the following materials: O Mailing labels listing the owners. of record for all property within 500 feet of the boundaries (not the center) of the applicant's site sets). O Mailing labels listing the residents or businesses of any property within 500 feet of the property if they are different from the land owners (2sets). c One copy of an assessor's map(s) showing the boundaries of the subject property and the 500 foot radius. ti • s' g k1 fi'` ; 4. s S.yw.,' !. '. 7'B..T tn7 ;D.".r'. ,',..144„-P).4--v;, ';i r> %... ,.. ,l.2.�b::t:4 SITE A as:�3 max YY H 9� u�"x ;,rt og. X YM1 :�iSr 1 .{,'.Vi t �f`P� 1=4,'lt ,,,,.,.......;,41 ' ���F :a. p "..i`' *kAo ° 3Av' `.I23IVD: „SCI` .Kt∎ Property owner names and addresses can be obtained from the King County Department of Assessment located on the 7th floor of the King County Administration Building, Room 700, 500 Fourth Avenue, Seattle. To compile the information required: • Obtain the assessor's map(s) which contain(s) your property and all neighboring properties within 500 feet (See example diagram). You may use the maps on file in the Assessor's Office or purchase a set from the King County Department of Public Works Map Counter on the 9th floor of the Administration Building. Purchased maps must be ordered several hours in advance of the time you would like to pick them up. • After securing the assessor's maps, obtain a "Real Estate Inquiry Batch Request Sheet” from the Department of Assessment. On this form provide the tax account number for each affected property as shown on the assessor's map(s) and submit the completed form to the Department of Assessment with the appropriate fee. Applicants can request that the information be printed in mailing label form or on standard paper. To obtain occupants /resident/business names and addresses, consult the Kroll maps located in the Tukwila Department of Community Development and then visit the site to determine resident names and unit numbers. The information on the mailing labels may refer to "Resident" or "Tenant ", with the proper mailing address, if the specific name is unknown. MEMO TO: Robert Noe, City Attorney FROM: Deb Ritter, Assistant Planner DATE: January 13, 1998 RE: Appeal of Sign Permit Denial (S97 -106) Epiros Greek Restaurant, 15035 Pacific Highway South This file is more complicated that the typical sign application and requires that I provide you with a little background information. There is additional, extraneous information which I can supply, if it would be helpful. Mike Saghafi, operator of Epiros Greek Restaurant, applied for a freestanding sign permit on November 12, 1997. This application was denied on November 17 (see our letter, attached to contractor who presented the original application and subsequent letter to applicant dated November 25th). At that time the applicant was advised that if he wished to file an appeal, he must do so by December 9th (14 days from date of permit denial). The applicant filed an appeal on December 9th, however, it seemed incomplete (see attached). After consulting with Nora Gierloff, Associate Planner, we allowed the applicant until January 9th to provide a complete appeal package. This decision was based on the language barrier with the applicant and the associated difficulties we had experienced with the file. I met with the applicant and his attorney, Phillip Thom, on January 6th to discuss the options available to the applicant. The three of us reviewed the November 25th letter to the applicant. I reminded Mr. Thom that a variance request could not be processed as the sign has been determined to be "off- premises ". This determination was made after several conversations with the landowners attorney, Robert Kelley, during the month of December. On January 6th we advised the applicant and his attorney that it would take approximately one week to review his documentation and to advise him of the scheduled date with the Planning Commission. In support of Mr. Saghafi's December 9th filing, Mr. Thom faxed the attached letter to me on January 9, 1997. [NOTE: The letter from Thom appears to be based upon an earlier letter sent to us on December 30th by the property owner, Pam Hawley. Her letter was also in support of Mr. Saghafi's situation. In my conversation with Ms. Hawley on December 30th, she indicated that she was actually requesting a variance (in error) and subsequently withdrew the letter the same day.] The two letters are very similar, however the word "variance" has been omitted from Thom's letter. Both Thom's (and Hawley's letter) appear to track the criteria for granting a variance (TMC 18.72.020, attached). Between November 25th and January 9th, I made copies of the appeal criteria (TMC 18.116) available to Mr. Saghafi (2 to 3 copies) and to his counsel (1 copy). I reviewed the criteria with them each time a copy was provided. Please be aware that Mr. Saghafi has already met with the Mayor regarding our initial denial of his application and has met with John McFarland regarding his business license application. Ms. Hawley has met with Steve Lancaster. As a result, we consider the file to be somewhat sensitive. In light of this information, Steve Lancaster has asked that you review the attached at your earliest possible convenience. We need to know if Saghafi's appeal documentation is adequate for purposes of filing an appeal and appearing before the Planning Commission. We would appreciate your comments on this matter by Wednesday, January 14th, if possible. We are obligated to respond to the applicant and /or his counsel by January 16th. If you require additional information, please do not hesitate to contact me at extension 1663. z 1— z u W! 6 JU. UO t CO o • UJ W O' u_ Q. w o. = d; F" W z F— O z W W: O H 'W W Z f- LL O;. uiz. W; O z Ms. Deborah Ritter January 9, 1998 Page 2 a Pacific Highway South address, it sits back off the highway, behind these other businesses; 3. Because the sign has been in existence for 30 years, it is not adding anything that is materially detrimental to the public welfare, or injurious to property or improvements in the vicinity; 4. These special and unique conditions and circumstances prompting my appeal of this decision do not result from any of Mr. Saghafi's actions. He took over a building which previously housed a restaurant and used the existing sign. The use of the building will remain the same; 5. Allowing the existing location of the sign to remain represents the least amount of deviation from the prescribed regulations. Mr. Saghafi has agreed to reduce the height of the sign to 19 feet, 9 inches and to not use more than 100 square feet on each side of the sign as prescribed by your ordinances; 6. Most importantly, the granting of this permit shall result in greater convenience to the public in identifying the location of the business. It is this issue which is at the heart of the matter. Several times when Mr. Saghafi has requested work to be done at this location, but when he does not mention the Flower Drum name, workers are confused because, although they knew the address of the restaurant, they could not see the building directly on the highway. This is why the sign remaining on the highway is so important. The harm suffered by a business with a Pacific Highway South address, yet not located directly on the highway, without a sign showing its location, is great; 7. Allowing this sign to remain in no way interferes with the location and identification of adjacent business buildings or activities, as this sign has been in place for over 30 years, with no interference at all. In closing, the Hawley family (the landlord) has owned the properties where this sign and businesses are located for over four decades. The sign, which is now being considered "off- premises" is located on a large section of property wholly owned by the Hawleys. I respectfully submit that this particular sign, at its present location, should be "grandfathered" in, and be allow to stay, for this exact reason. Mr. Saghafi is anxious to come in and help to clean up an area which desperately needs it. This will be a quality restaurant, attracting a good clientele, but only if they Q:\ CLIENTS \7961- 7980 \7963 \18915 \LEfl1 RS\ P LTL1 U V.DOC •z •� • Z. . JU. 00. • .cn w=L w O' J. = a. • z . O N; 0 1-. w WI LL ri • w z. N` • O z Ms. Deborah Ritter January 9, 1998 Page 3 are able to find it. I am hopeful that, along with the merits mentioned, those persons making the decision regarding this appeal will see the economic benefits associated with this restaurant as well. Without the sign, I do not see that any business can survive at this location. Thank you for considering the appeal. Please feel free to call me if I can be of any assistance. Very truly yours, . hillip L. Thom PLT:vf cc: Mike Saghafi Q:\ CLIENTS\ 7961- 7980 \7963 \18915 \LETTERS\ P LTL1 U V.DOC DO 12 -d9 - Igc7 7b C/ O /2i9 (pt-P/IA i ei✓ / or— 3o D Ali Aefeel e- G"/.xlt// P`''`')" fic,5-=3;1.e. ,Z9„/ ,vC--a;r7;-e /11.//e6- fr iV/ 17 .- Sri �- Dl��t'e=-��' � ) ��3s P4C/rte c'o/✓9c7,per gF4 ; Mat-- t g/ •e/- oil Arams� D (42-5) F4 - 1434 1� /el‘Ple,W/ 12 -�q ~l7- ul I Y OFTuKw'LA DEC 0 9 1997 PERMIT CENTER z _- JU U0: 0; w =i J � W O, I- III: Z Z ,` ILI La U ' ;off' W W: _ U- ,-- O .z U =1;. '0 D17 1/€-0(1-1q617- (PJM/ - or Jac'Thy p�-V�/I/�r?P) G1Gr/ /v` 6,4?ti -/41' avza_ ,- R=_• : 63 4c //// . /71 e 7-1/1 //, qwg eons ;e % ,p =RF© piMt= o n/5 ,valise7 ; (4 ,Z) F4 - 1434 CINa°FE Kwru{ DEC 0 9 1997 PERMIT CENTER z W � re 6 DI LI. U: 0 0:. CO = —I 17-, U) IL: w 0. • u. F- W2. Z 0: Z}-: !Ill 2 U:. O Z;. I— 2 O~ Z