HomeMy WebLinkAboutPermit L95-0008 - LOONEY WILLIAM - APPEALL95 -0008
LOONEY, WILLIAM A.
14517 53 AV S
APPEAL
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
John W Rants, Mayor
STAFF REPORT
TO BOARD OF ADJUSTMENT
CITY OF TUKWILA
Prepared on February 17, 1995.
HEARING DATE:
STAFF CONTACT:
FILE NUMBER:
APPLICANT:
REQUEST:..
LOCATION:
COMPREHENSIVE PLAN.
DESIGNATION:
ZONING DISTRICT:
RECOMMENDATION:
•
March 2, 1995
Darren Wilson
L95-0008.
William A. Looney
Appeal the hearing examiner's decision for commercial vehicles
within R -1 zone.
14517 Macadam Road South
ATTACHMENTS:
Low Density
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R -1, Single Family
Deny the appeal and cause the applicant to
commercial vehicles within 60 days. •
A. Hearing Examiner's .Written Decision
1995.. •
. Staff Report and Exhibits Submitted
on January 5, 1995. •
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cease storage of
Issued on January 19,
to Hearing Examiner
Phone: (206) 433 -1800 • City Hall Fax (206) 933 -1833
. January 19, 1995
HEARING OFFICER
CITY OF TUKWILA
REPORT AND DECISION
PETITIONER:. WILLIAM A. LOONEY
NAME/LOCATION OF BUSINESS: 14517 53rd Avenue S.
SUMMARY OF REQUEST: Appeal of Citation in regard to violation of Tukwila Municipal
Code 9.28.020: No trucks over 8,000 pounds gross weight used
for commercial purposes may be parked or stored in any
residential zones. .
MINUTES
The following minutes are a summary of the January 5,1995 hearing.
The official record is recorded on tape.
The hearing opened on Monday, January 5, 1995, at 10:11 a.m., in conference room 3 at Tukwila City Hall.
Parties wishing to testify were affirmed by the Hearing Officer.
. The following exhibit was entered into the record:
Exhibit No. 1: File containing the subject citation
and letter of appeal.
•
Exhibit No. 3: Photographs of subject property.
•
Exhibit No. 2: City staff report.
WILLIAM A. LOONEY, PO Box 66098, Seattle,` WA 98166, explained that the subject property was part of King
County when he acquired it in 1987 from the estate of Mark George Faulkner. Mr. Faulkner had operated an auto
painting/repair business at that location since approximately 1975, under a business license. At the time of
purchase there were approximately ten cars on the property, which were later hauled away. Mr. Looney stated that
the property is now used for a housing/remodeling/repair.and maintenance business. This business is only for
himself. His interpretation of King County and Tukwila Code is that if the business is for personal use, then it does
not require a business license. He does not have a business license. Since purchase, the garage and yard area has
been used for material and truck storage.. The truckshave been parked there since well before the annexation of the
area by the City of Tukwila: Over time it has been used less. • Eventually, he plans to get out of the business. The
property is located in an area where there are not many people to offend with its use. The freeway is on the west,
undeveloped wetlands are across the street, vacant land on the south, and two homes on the north side.
Mr: Looney stated that he opposes the citation not only-over the truck issue, but because he has not gotten. an
answer from the City as to what the criterion is for establishing a non - conforming use on this property: This
question was posed to the City prior to annexation. He was assured that the City of Tukwila would not interfere
with non - conforming uses: As he has expressed to the City of Tukwila in correspondence, he is 1 t a r
JAN 2 0 199',
COtvitv...
DEVELON��•: • •
WILLIAM A. LOONEY
APPEAL OF CITATION
January 19, 1995
Page 2
good citizen and to take measures that will make the property more attractive. He is concerned about maintaining
his commercial use of the property. Responding to the Hearing Officer's question as to when the property was
annexed to the City of Tukwila, Mr. Wilson replied that the annexation took place during the spring of 1989.
DARREN WILSON, Code Enforcement Officer, City of Tukwila, 6200 Southcenter Boulevard, Tukwila, WA
98188, presented the staff report (entered as Exhibit No. 2) to the Hearing Officer and Mr. Looney. Mr. Wilson
stated that the subject parcel is zoned single family. Tukwila Municipal Code 9.28.020.b states that no vehicles
over 8,000 gross pounds can be stored in a residential zone. Referring to Exhibit 3 photographs, Mr. Wilson
showed the size of vehicles that are on the subject property. In regard to the non - conforming use issue, the City's
records do not indicate any prior existence of an auto rebuild or mechanic shop that this location. If this was the
case prior to annexation, a person can maintain the prior use. Mr. Wilson stated that he believes the use has been
intensified and if a use is intensified, the non - conforming issue is no longer applicable and a person must comply
with current regulations. In this case, the issue is storage of commercial vehicles over 8,000 gross pounds in a
residential zone. The subject vehicles have not been removed, although Mr. Looney has indicated he is willing to
work with the City to remove one of the vehicles and put in screening. Mr. Wilson stated that screening will need
the approval of the Department of Community Development. The Department of Community Development will
also be able to address Mr. Looney's concerns about non - conforming use.
The Hearing Officer asked Mr. Looney if he had changed the use since he purchased the property in 1987.
Mr. Looney replied that he does not repair and paint cars like the previous owner. Since he acquired the property,
it has been used to facilitate home maintenance repair and remodeling. Referring to determining an intensified use,
he stated that he does not know the'criteria for determining intensification. There are times he is not at the
property for several weeks to a month, depending on what materials are needed and what projects he is working on.
Since 1987, he has always parked trucks at this location on an as- needed basis. More trucks have been added to his
fleet, but he does not necessarily park them at this location. There is one truck that is parked there that the City
may find offensive -- it has a lot of ABS plumbing material stored on the back. He has attempted to cover it up
with a tarp, but the tarp keeps blowing off. He does not intend to leave that truck on the property on a permanent
basis. The big yellow truck parked along the right -of -way will be removed. It is parked partly on the property and
in the right -of -way. Mr. Looney stated that he can furnish affidavits-that the prior owner used the site for a
commercial use. Noting that the use of the prior owner and Mr. Looney's use was established under King County,
the Hearing Officer stated that the question is whether the site is being used in the same manner as it was when
annexed to the City. Mr. Looney added that he would like to solve this .problem with the City, that the City should
allow him to continue using the property with some restraint, without getting into a whole permitting process that
includes hearings. The Hearing Officer stated that if he finds that the use can be permitted under a continuing
non - conforming use, the permitting process would not be needed. Other issues are up to Tukwila enforcement.
Mr. Wilson pointed out that the citation was issued for the storage of the commercial vehicles over 8,000 gross
pounds. Responding to the Hearing Officer's question of whether he has checked on use since annexation,
Mr. Wilson stated that he has noted parked vehicles there previously. He explained.that the City's code
enforcement is reactive.. When a complaint is filed, he then goes out to investigate. He cannot say what day, prior .
to the complaint, that the subject truck was parked on the site. Referring to the Exhibit 3 pictures, he reviewed the
time frame of the pictures, beginning in July 1994 to October 1994. He noted that the two yellow trucks are both
over 8,000 gross pounds. Mr. Looney explained that the white truck had been at the site off and on prior;to
annexation. , This truck, is his main dump truck. :. • , .
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WILLIAM A. LOONEY
APPEAL OF CITATION
January 19, 1995
Page 3
The Hearing Officer called for further testimony regarding this matter. There was no one else wishing to speak.
The hearing closed at 10:35 a.m.
FINDINGS, CONCLUSIONS & DECISION
On Monday, January 5, 1995, this matter came before the Hearing Examiner for the City of Tukwila, acting under
Titles 5.04 and 8.45.060.
Parties to the proceeding were: The City of Tukwila by its Code Enforcement Officer, Darren Wilson.
FINDINGS:
1. The petitioner seeks to reverse a civil citation that carries with it a civil penalty of Five Hundred Dollars
($500.00). The penalty was assessed because the petitioner was alleged to be parking vehicles in excess of
8,000 pounds gross weight in a residential area.
The record establishes that the petitioner owns a single family home in the City of Tukwila. The home is
located at 14517 Macadam Road South.
The record reflects that there were complaints by neighbors. The petitioner operates a remodeling business
from the residence. The petitioner stores building materials at the site and sometimes parks large trucks on
the property.
This same business was operated at this location by the petitioner when the property was part of
unincorporated King County, prior to annexation to the City of Tukwila. It appears that the operation has
not been significantly altered since annexation.
5. The petitioner claims that the use was, and remains a legally non - conforming use.
6. Section 9.28.020 of the Tukwila Municipal Code (TMC) prohibits the parking of commercial vehicles,
those over 8,000 pounds gross vehicle weight, in a residential district. This is a "Miscellaneous
Regulation(s)" (Chapter 9.28).
There is no contention that the property is not located in a residential district.
. Tukwila Municipal Code, in referring to non- conforming uses, states in relevant part:
"18.70.040 Nonconforming Uses. Any preexisting lawful use of land exists that
is 'made nonconforming under the terms of this title as enacted may be continued
so long as that use remains lawful, subject to the following provisions:..,."
WILLIAM A. LOONEY
APPEAL OF CITATION
January 19, 1995
Page 4
CONCLUSIONS:
1. The petitioner has the burden of demonstrating that the City's determination was either in error, or was
otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 8.45.060;
Administrative Procedures Actin general). The petitioner has failed to demonstrate that the action of the
City should be modified or reversed. The decision of the City is affirmed.
2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts
and circumstances. A decision, when exercised honestly and upon due consideration of the facts and
circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and
Transportation Commission, 69 Wn. 2d 472, 478 (1966).
3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body,
on the entire evidence, is left with the definite and firm conviction that a mistake has been committed.
(Ancheta v Daly, 77 Wn. 2d 255, 259 (1969)).
4. The petitioner has failed to demonstrate that the City's decision was founded upon anything but a fair
review of the facts as it pertains to the petitioner's situation. The petitioner has failed to demonstrate with
cogent evidence that a mistake was made.
5.
While on first glance it might appear the Petitioner's use is a legally non - conforming use. The provision
regarding the parking of large vehicles is not a zoning provision. The provision in question is a
miscellaneous regulation. It is intended to regulate parking and only incidentally overlaps a land use
district.
6. The. Zoning regulations make it clear that nonconforming uses that become such "under the terms of this
title as enacted may be continued" (Section 18.70.040 Nonconforming Uses.) Title 18 constitutes the
Zoning regulations and the Parking regulations are governed by Title.9. The parking that occurs on the
petitioner's property is neither exempted or permitted by the Zoning Code's: nonconforming use
regulations.
The petitioner has not demonstrated any reason why the Citation should be reversed or modified. The
Citation of the City must stand.
. 7..
DECISION:
The appeal is denied.
ORDERED THIS 19th day of January, 1995.
FRED J. KA MAN
HEARING OFFICER
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WILLIAM A. LOONEY
APPEAL OF CITATION
January 19, 1995
Page 5
TRANSMITTED THIS 19th day ofJanuary, 1995 to the parties of record:
William A. Looney
PO Box 66098
Seattle WA 98166
Darren Wilson
Code Enforcement Officer
City of Tukwila
6200 Southcenter Boulevard
Tukwila WA 98188
TRANSMITTED THIS 19th day ofJanuary, 1995 to the following:
John W. Rants, Mayor'
John McFarland, City Administrator
Linda P. Cohen, City Attorney
Board of Adjustment
Pursuant to Tukwila Municipal Code, Title 8_, Section 8.45.060 (h): Any party aggrieved by the decision of the
Hearing Officer may appeal that decision to the Board of Adjustment by filing with the City Clerk a written notice
of appeal, in the same form as set forth in section 8.45.060(b), within seven days after receipt of the decision of
the Hearintr Officer. A complete copy of the Hearing Officer's written decision and all exhibits accepted by the
Hearing Officer shall be transmitted to the Board of Adjustment, and the appeal shall be placed upon the agenda of
the Board of Adjustment within 60 days after receipt of the notice of appeal. Written notice of the time and place '
of the hearing shall be given to the appellant(s) at least ten days prior•to the date of the Board of Adjustment
hearing, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to
each appellant at his or her address shown on the notice of appeal. The Board of Adjustment shall not be limited to
the record considered by the Hearing Officer, and may affirm, deny, or modify the decision of the Hearing Officer.
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1908
City of Tuk-wila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W Rants, Mayor
• STAFF REPORT
• TO HEARING :EXAMINER
CITY OF TUKWILA •
Prepared on December 28, 1994-
• HEARING DATE:. January 5, 1994
STAFF CONTACT: Darren Wilson
FILE NUMBER: L94-0110
APPLICANT: William A. Looney
REQUEST: Appeal of a citation issued for commercial vehicles within R-1
zone
LOCATION: 14517 Macadam Road South
COMPREHENSIVE PLAN
DESIGNATION : Low Density
ZONING DISTRICT: R-1, Single Family
RECOMMENDATION: Deny .the appeal and cause the applicant to cease storage of
commercial vehicles within 60 days. •
A. Citation Notice Issued on November 7, 1994
B. 1st Notice mailed on August 4, 1994
C. 2nd Notice mailed on August 11, 1994
• D. 2nd Notice re-mailed .on September 1, 1994 .
• E. 2nd Notice re-mailed & Hand Delivered on September. 23,
.1994.
F. Response Letter received from Appellant on October 20,
1994
G. Appellant Response Notice mailed on December 2, 1994 by
City Clerk
H. Photos of Property
I. Memo From City Clerk's Office .dated December 13, 1994 •
ATTACHMENTS:
•
Phone: (206) 433-1800 • City gall Fax: (206) 433-1833
Staff Report to Hearing Examiner
Applicant: Looney
December 22, 1994
Page 2
BACKGROUND
This property is zoned R-1 single family. TMC 9.28.020 (Commercial Vehicles in residential
areas) states that no trucks over 8,000 pounds gross used for commercial purposes may be parked
in R- 1,2,3,4 or RMH zones. Currently there are three commercial type trucks exceeding 8,000
- pounds parked at the subject property.
In a letter . received on October 20, 1994, the appellant raises several issues. He requests that the
City recognize the property as .a nonconforming use for business or commercial, He states that
he purchased the property on February 18, 1987 from the estate of Mark George Falkner, who
used the property for an auto repair and painting.business. The appellant proposes erecting a six -
foot screening -type fence along the property line on 53rd Avenue South and restricting any
parking of vehicles or storage of, materials to the inside of such a fenced area.
The appellant has done a lot of work recently in organizing and/or disposing of some of the
building materials that are stored around the shop area and proposes to continue the use of storing
commercial vehicles in a R-1 single family zone.
FINDINGS
The appellant knew, based .on the correction notices issued, that Tukwila Zoning Code
. TMC 9.28.020. prohibited the parking of commercial vehicles in the R-1, Single Family..
zone. in which his property is located. TMC. 9.28.020(b). states:
• "Conduct Prohibited. No person shall park a commercial vehicle
upon any street, alley or driveway in a residential district,' except: •
(.1) While' loading or unloading; • (2) .When• necessary to avoid
conflict with other traffic or in compliance with , law . or the
directions Of. a peace officer or a traffic - control device; 'or' (3) In •
order to make. non recurring' repairs." ; •
The appellant was then the subject of a code enforcement action .which resulted in him.
removing one of the three .commercial vehicles that had been parked there. Since the
citation was issued a gray commercial vehicle has been parked there, bringing the total
again'to three.
Records contained in the office of the City Clerk do not indicate the existence of a •
business license issued in 1987 at 14517 53rd Avenue South nor 14517 Macadam Road
South, thus there is no record of a permitted commercial use on the subject property.
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Staff Report to Hearing Examiner
Applicant: Looney
December 22, 1994
Page 3
3. The Department of Community Development has not received a request for a
nonconforming use or any plans to construct the six-foot fence.
4. A civil penalty of $500.00 was levied.
CONCLUSION
1. The appellant violated TMC 9.28.020 by knowingly parking commercial vehicles in a R-1
zone.
The subject property is not zoned for commercial activity.
The imposition of a civil penalty is warranted. The appellant . has known. since August,
1994 that parking commercial vehicles . in the R-1 zone violated TMC 9.28.020. •
The appellant must be • ordered to restore the residence, to conforming. status within 60
days.
RECOMMENDATION .
The Staff recommends this appeal be denied as submitted.
City Officials shall conduct. one final inspection within 60 days from this decision to
assure all 'activities have ceased. • .
•
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City of A' akwila
6200 Southcenter Boulevard
Tukwila, WA 98188
(206) 433 -1800
hulation Notice and Order
Tukwila Municipal Code 8.45.050
CITATION
The undersigned City of Tukwila department director or designee, acting in the capacity of enforcement officer, here
certifies and states that
Name:
Address:
City/State /Zip:
Bill Looney
Post Office Box 66098
Seattle, WA 98166
Is in violation of Tukwila's Municipal Code (TMC),
TMC Chapter:
Specifically:
9.28.020 — Commercial Vehicles in Residential Areas
No trucks over 8,000 pounds gross. weight used for commercial purposes may be parked
or stored in any residential zones. .
and has not responded to previous notice of the violation,
Notice date(s):
July 18, 1994; August 4 & 11, 1994; September 1 &•23, 1994 •
THE ABOVE -NAMED IS HEREBY CITED WITH HAVING COMMITTED A CIVIL VIOLATION, UNDER TH1
PROVISIONS SET FORTH IN TMC 18.45.030, AND MUST RESPOND WITHIN 10 DAYS OF THE RECEIP'
OF THIS NOTICE: (served in person or sent by certified mail/return receipt requested).
A civil penalty in the amount of $500.00 is hereby imposed, pursuant to TMC 8.45.050(a)(3),
which amount must be paid, or an appeal must be filed, within 10 days of receipt of this notice.
A person may, within ten days of receipt of this notice, file with the City Clerk a written notice of appeal containing
. the following: • •
..1.. A heading with the words:. "Before the Hearing Officer 'of the City of Tukwila;.
2.. A caption reading: "Appeal of , giving the names of all appellants participating in the . •
appeal;
.3: A brief statement setting forth. the legal interest of each of the appellants in the property. involved in • the
notice and order; • . .
4. A brief statement of the specific order or action protested, together with any material facts claimed to
support the contentions of the appellant or appellants; • •• •
5. • A brief statement of the relief sought, and the reasons why it is claimed • that . the notice and order, should
be reversed,:, modified, or otherwise set aside;
The signature of all persons named. as appellants, and their official mailing addresses; • • .
The verification. (by declaration under penalty of perjury) of each: appellant as to the 'truth of the matters
stated in the appeal. • • • • . .
Failure to .so appeal shall constitute a waiver of all rights to any additional administrative hearing
and determination of the matter.. FAILURE TO RESPOND WILL RESULT IN THE MATTER BEING
TURNED OVER TO THE CITY ATTORNEY, TO IMTIATE THE NECESSARY PROCEEDINGS.
•
Signed: ,
- Today's gate :.
Name:: :.:, Darren •Wilson
•
. Title:
ode Enforcement Officer .
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W Rants, MayL
CORRECTION NOTICE
Date of Notice: August 4, 1994
Name: . Bill Looney
Street: 14517 - 53rd Av. S.
City: Tukwila, WA 98188
Location of Violation: 14517 - 53rd Av. S.
Tukwila, WA 98188
Date of Inspection: July 18, 1994 (RFA 94 -093)
An inspection of the above premises revealed the following violation of the Tukwila Municipal
Code:
DESCRIPTION OF VIOLATION:
Commercial vehicles in residential areas.. No trucks over 8,000 pounds gross used
for commercial purposes may not be . parked or stored in any residential
zones.[TMC Section 9/8.020]
CORRECTIVE ACTION:
Remove all commercial vehicles over 8,000 pounds gross or store them
a completely enclosed building.
•
within
• Our .records :(King County Assessor's records) identify you as the person responsible for this
property.- As such, you must take the above described corrective action by August 19, 1994. or
a Notice of Civil Violation will be issued and you will be assessed monetary penalties of up to
.5100 for each of the first five days . that a .violation exists and up to '$500 for each
subsequent day the violation continues; pursuant to the Tukwila Municipal Code Chapter 8.45'
"Civil Violations, . Enforcement and Abatement"
TACHMENT . B
Phone: (206) 433 -1800 CUy Hall Fax (2.06) 433 -1833
Bill Looney
August 4, 1994
Page. Two
If you have any questions, please contact me at 431 -3682. Your cooperation will be greatly
.appreciated.
Sincerely,
Darren"D4dson
Code Enforcement Officer
/bw
Issuing party: Darren •Wilson ..
Code Enforcement Officer
Mayor's Office
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants M.
CORRECTION NOTICE
Date of Notice: August 11, 1994
Name: Bill Looney
Street: 14517 Macadam Rd. S.
City: Tukwila, WA 98168
Location of Violation: . 14517 Macadam Rd. S.
Tukwila, WA 98168
a),
Date of Inspection: July 18, 1994 (RFA 94 -093) .
An inspection of the above premises revealed the following violation of the Tukwila Municipal
Code: •
DESCRIPTION OF VIOLATION:
The keeping of commercial vehicles in residential areas; no trucks over 8,000 pounds gross
used for commercial purposes may be parked or stored in any residential zones. (TMC
Section 9.28.020)•
CORRECTIVE ACTION:
Remove all commercial vehicles over .8 ,000 pounds gross 'orstore them within a completely
• enclosed building.
Our records (King County Assessor's records) identify you as the person responsible for this
property. As such, you must take the above described corrective action by August 29, 1994 or
a Notice of Civil Violation will be issued and you will be assessed monetary penalties of up to
S100.for each of the.. first five days that 'a violation exists and up to :$500 for each
subsequent day the violation continues, pursuant to the Tukwila Municipal Code Chapter 8.45.
"Civil Violations, Enforcement and Abatement"
•
•ATTACHMENT.0 .
Phone: (206) 433-1800 City Hall Fax (206) 433.1833
Bill Looney
August 11, 1994
Page Two
If you have any questions, please contact me at 431 - 3682. Your cooperation will be greatly
appreciated.
Sincerely,
■ en ' son
Code Enforcement Officer
DAW/bw
Issuing party:.. Darren Wilson
Code Enforcement Officer
Mayor's Office
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayc
September 1, 1994
Bill Looney
14517 Macadam Rd. S.
Tukwila, WA 98168
CORRECTION NOTICE
SECOND NOTICE
RE: TUKWILA MUNICIPAL CODE VIOLATION (RFA 94 -093)
Dear Mr. Looney:
On August 11, 1994, you were notified by this office that you were in violation of the City of
Tukwila Municipal Code. Our records indicate that you were made aware of the violation, the
action necessary to abate the violation on August 13, 1994, and you' were given ample time to
remedy the situation. I have enclosed a copy of that original Correction Notice for your, review.
'Another inspection of your property was made on August 29, 1924. That inspection revealed that
the necessary corrective action to abate the violation had not taken place.
This letter will serve as your final notice that if the violation is not • corrected, on or before
September 15, 1994, you will be fined up. to $100 for each of the first five days that the
• violation continues to exist and up to $500 per day for each day thereafter.
• Should further information be desired,. please do hot to contact me at 431 - 3682.. Your
cooperation will be greatly appreciated.
Sincerely, ,
arren Wilson
Code Enforcement .Officer
DAW/bw.
*enclosure (1)
TTAcHmENT.P.:
Phone: 12061 433-1800 • Clty Hall Fax (206,' 433.1833 •
City of Tukwila
6200 Southcenter Boulevard ■ Tukwila, Washington 98188 John W. Rants, Al,:
CORRECTION NOTICE
SECOND NOTICE
September 23, 1994
Bill Looney
14517 Macadam Rd. S.
Tulal.rila, WA 98168
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RE: TUKWILA MUNICIPAL CODE VIOLATION (RFA 94-093)
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On August 11, 1994, you were notified by this office that you were in violation of the City of o co
Tukwila Municipal Code. Our records indicate that you were made aware of the violation, the io
action necessary to abate the violation on August 13, 1994, and you were given ample time to LLJ uj
tr
remedy the situation. I have enclosed .a copy of that original Correction Notice for your review.
Inspections of your property were made on August 29, 1994 and again on September 16, 1994. ILI fit
I= Et
•Those inspections revealed that the necessary corrective action to abate the violation had not 0
taken place. •
This letter will serve as your final notice that if the violation is not corrected on or before •
• October 7, 1994, you will be fined up to $100 for each of the first five days that the
violation continues to exist and up to $500 per .day for each day thereafter.
•
Dear Mr. Looney:
Should further information be desired, please do not hesitate to contact me at 431-3682. Your
cooperation will be greatly appreciated. •
Sincerely,
•
•
eifitfg-1
Code Enforcement Officer
DAW/bw
enclosure -(1)
• • •
' •
. • •
. • .'• •
ATTACHMENT E
• Phone: (206) 433•1800 • City Hall Fax: (206) 433-1833 •
William A. Looney
PO Box 66098
Seattle WA 98166
October 18, 1994
Darren Wilson
Code Enforcement Officer
City of Tukwila
6200 Southcenter Blvd.
Tukwila WA 98188
Dear Mr. Wilson:
, F I VED
OCT 2 0 1994
Ci
CO(I.'= t FolFijc al
MENT
206/852 -4662
RE: 14517 53rd Ave. S. • • ..
I received Your. letter )of September 23, 1994, and also your notice of August 11, 1994, from my
..tenant at the above address; which you refer to as "14517 Macadam Rd. S.," on October 7, 1994.
So, I did not have adequate notice nor reasonable time, to make the corrections which you have
requested in that complaint.
•
I would like to have the property recognized as a nonconforming use for business or •
commercial. I acquired the property on February 18, 1987, from the estate of Mark George
Falkner who had used the property for an auto repair and painting business. I know that for
part of the time he operated this business with a business license. I have used the property
since my acquisition of it as storage for materials for building, remodeling and maintenance of
my: own properties. I do not do work .for others, so I. do not have (nor am I required to have). a
business license..I also store .building. materials on the property that I furnish to and donate to
several charitable self- -help housing organizations, such as Habitat for Humanity, Housing•Hope .
of Snohomish County, and others.. •
I am certainly willing to work.with the city to make my area more presentable and less
obtrusive, while still maintaining and using it for my•legitimate purposes: I would propose
erecting a six-foot screening -type fence along the property line on 53rd. Ave. S., and restricting
any parking of vehicles or storage _of materials to the inside . of such a fenced area •
I have done a lot of work recently in: organizing and /or.disposing of some of.the building •
• materials 'that are stored in and around the shop area and propose to. continue doing so,..to •
make the place., more attractive; however, I have no other place to park my trucks that would be • less: objectionable. " . .
I will be out of town until •October 26, 1994, and would like to check with you then as to how to
proceed•to resolve this to our mutual benefit:. • •
Sincerely yours,
William'A. Looney
City of Tukwila
6200 Southcenter Boulevard • Tukwila, .Washington 98188 John W Rants, May
December 1, 1994
William A. Looney
P.L. Box 66098
Seattle, WA 98166
VIA CERiiii&D MAIL
Return Receipt Requested
RE: Notice of Appeal of Civil Violation; City of Tukwila Municipal Code 8.45.060
Dear Mr. Looney:
•
On November 21, 1994 I received your appeal of the civil penalty imposed by the City of
Tukwila citation issued to you on November 7, 1994 for violation of Tukwila Municipal
Code. Chapter 9.28.020. .
The hearing officer will consider your appeal on Thursday, January 5, 1995. at
. .
10:00 a.m. in Conference Room #3 at Tukwila City Hall, 6200 Southcenter Boulevard,
Tukwila, WA 98188. Please check in with the City Clerk's office upon your arrival. • .•
Per Tukwila Municipal Code 8.45.060 (d) at the hearing, the appellant or appellants are
'entitled to appear in person, and to be represented by counsel, and to offer such evidence .
as may be pertinent and material to the notice and order. A copy of the entire text of
• Tukwila Municipal Code 8A5.060 is enclosed for your infonnation.
•
If you have any questions regarding the appeal proaedures, you may contact Me at (206)
-.:433-1800. • • • •
• Sincerely,
gl-
e E. Cantu
City Clerk
cc: Mayor's Office
F. Kaufman, Hearing Officer
L. Cohen, City Attorney
D. Wilson, Code Enforcement Officer
• • •
• . • • •
•.. . • ' •
. •
• • . • .. • . •
•• .
ATTACHMENT G
• Phone: (206) 433,1800 ' • Clly Hall Fax (206) 433-1833
.. •
1RECE l EV D
DEC 1 3 1994
CITY ENFORCEMENT
TO: DARREN WILSON, CODE ENFORCEMENT OFFICER
FROM: Christy O'Flaherty, Records Mgmt. Technician
DATE: December 13, 1994
SUBJECT: LETTER FROM WILLIAM A. LOONEY DATED 10/18/94
Per your request we researched your inquiry regarding the above. Our records indicate no
business licenses were issued at 14517 53rd Ave. S. or to 14517 Macadam Rd. S. in 1987.
• . We had very little information to go on in researching this as the petitioner did not provide a
business name. Business. license records prior to .1987 have been purged per the State Retention
Schedule. Please advise if you require anything further.
ATTACHMENT :I.
City of Tukwila
Department of Community Development
RECEIVED
FEB141995
CITY OFT K
s ereo given mat the (.
U WIL
CODE ENFORCEMENT,
Notice i y gi ty of Tukwila Board of Adjustment will be holding a public
hearing on March 2, 1995 at 7:00 p.m. in Conference Room #3 at Tukwila City Hall, 6200
Southcenter Blvd., Tukwila, to discuss the following:
City of Tukwila
PUBLIC NOTICE
•
John W. Rants, Mayor
- Steve Lancaster, Director
I.
PROJECT: L95 -0002: Appeal of Hearing Examiner's Decision
APPELLANT: Joanne Poirier
REQUEST: Appeal of the Tukwila Hearing Examiner's decision of
December 15, 1994.
LOCATION: • 13405 43 Ave. S., Tukwila, WA.
II.
PROJECT: ''L95 0008 Appeal of ••Hearing- Examiner's :Decision
APPELLANT: William Looney • {
REQUEST: Appeal
of the Tukwila Hearing Examiner's decision of January 19, 1995.
LOCATION: 1451753 Ave S ., -TukwilW `
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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 Tukwila City Hall,
Code Enforcement Officer's Office, 6200 Southcenter Blvd., 431 -3682. The City encourages
you to notify your neighbors and other persons you believe would be affected by the above
items.
Published: Seattle Times
February 17 & 24, 1995
Distribution: Mayor, City Clerk, Applicants, File.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
A F F I D A V I T O F D I S T R I B U T I O N
hereby declare that:
X.Notice of Public Hearing fl Determination of Non -
significance
ONotice of Public Meeting ['Mitigated Determination of
Nonsignificance
['Board of Adjustment Agenda ODetermination of Significance
Packet and Scoping Notice
O Board of Appeals Agenda ONotice of Action
Packet
0 Planning Commission Agenda fl Official Notice
Packet
Q Short Subdivision Agenda l Other
Packet
ONotice of Application for LI Other
Shoreline Management Permit
O Shoreline Management Permit
was mailed to each of the following addresses on ?^14:.
(1,4- 1 !, s 4)v J< < p_plcii6> �-( / 2--p ?41-
,,
W■k-littYv. r„,
-pAAADI__
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Name of Projector 1 lGtANL tjO
File . Number IA OVO
:
'A�fd'�LULi! >d.`itliui'. r �
'RL.F\t.Y • �° Kic -5':is�';�•�'ftr�ft?5.a:u'+24:0 +a`.• +tii�
h
City of Tukwila
John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
City of Tukwila
PUBLIC NOTICE
Notice is hereby given that the City of Tukwila Board of Adjustment will be holding a public
hearing on March 2, 1995 at 7:00 p.m. in Conference Room #3 at Tukwila City Hall, 6200
Southcenter Blvd., Tukwila, to discuss the following:
I.
PROJECT:
APPELLANT:
REQUEST:
LOCATION:
L95 -0002: Appeal of Hearing Examiner's Decision
Joanne Poirier
Appeal of the Tukwila Hearing Examiner's decision of
December 15, 1994.
13405 43 Ave. S., Tukwila, WA.
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PROJECT: L95 -0008: Appeal of Hearing Examiner's Decision w wi
APPELLANT: William Looney =~.
REQUEST: Appeal of the Tukwila Hearing Examiner's decision of January 19, 1995. - z
LOCATION: 14517 53 Ave. S., Tukwila, WA. W co
C.) _
DF
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 Tukwila City Hall,
Code Enforcement. Officer's Office, 6200 Southcenter Blvd., 431 -3682. The City encourages
you to notify your neighbors and other persons you believe would be affected by the above
items.
Published: Seattle Times
February 17 & 24, 1995
Distribution: Mayor, City Clerk, Applicants,'Fi
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
William A. Loony
PO Box 66098
Seattle WA 98166
(206) 852 -4662 FAX (206) 852 -1759
January 27, 1995
RECEIVED
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila WA 98188
Dear City of Tukwila
JAN 3 0199 i RECEIVED
cv,�„v,u►vti -rY JAN 2 71995
DEVELOPMENT
RE: 14517 53rd Ave. S. - Appeal of Citation
Dear City Clerk:
This is to appeal the decision of the Board of Adjustment by written notice.
I received your notice of decision on Monday, January. 23.
u1TY Of i tmwu.k •
CITY CLERK
Sincerely yours,
(A)Zele.e41,--a
William A:. Looney