Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Permit L06-062 - QUACH JULIE - NGO VARIANCE
NGO VARIANCE QUACH VARIANCE 122XX - 48AV S L06M62 CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICATION: LOCATION: 122xx 48 Avenue South FILE NUMBER: L06 -062 APPLICANT: Julie Quach OWNER: Julie Quach • Variance to allow deviation from the Minimum lot size within the Low Density Residential (LDR) zone COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (LDR) ZONING DISTRICT: Low Density Residential (LDR) SEPA DETERMINATION: Exempt PUBLIC HEARING: October 17, 2006 The following persons offered testimony at the hearing: Brandon J. Miles, Assistant Planner, Department of Community Development Julie Quach, Applicant, 14310 4 Avenue SW, Burien, WA 98166 EXHIBITS: The following exhibits were entered into the record: 1. Department's staff report, dated October 3, 2006 Attachment A: Variance application Attachment B: Site Map Attachment C: Aerial Photo Attachment D: Applicant's response to variance criteria 2. Full -size site plan Introduction RECEIVED OCT 2 4 2006 COMMUNITY DEVELOPMENT The applicant, Julie Quach, seeks variance approval pursuant to TMC 18.72.020 from the minimum lot area requirement within the Low Density Residential zone. The public hearing on the application was held on October 17, 2006, in Conference Room 2, 6300 Hearing Examiner Deccon L06 -062 Quach Variance Page 2 of 4 Southcenter Boulevard. Represented at the hearing were: the Department, by Brandon J. Miles, Assistant Planner; and the applicant, by Julie Quach. No member of the public offered testimony at the hearing. The Hearing Examiner inspected the site on October 20, 2006... . • After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Findings of Fact 1. The property consists of two lots which are legally described as Lots 12 and 13, Block 7, of the Allentown Addition to the City of Seattle. The lots are located adjacent to 48 Avenue South, in the Allentown Neighborhood, and have a combined square footage of 6000 square feet. The lots are vacant. 2. The property is zoned Low Density Residential (LDR), and the minimum lot size in the zone is 6500 square feet. The Comprehensive Plan designation for the area is LDR. 3. The property is located in an area that was platted in 1896. Lots in the Allentown neighborhood are typically around 3,000 square feet. Housing in the area is a mix of older homes on properties with multiple lots. 4. The applicant's two lots were conveyed as part of a larger property that contained four lots. The applicant developed the other two lots under an earlier version of the Code which permitted one home per lot. 5. The applicant seeks a variance to allow the construction of a single family home on a lot with less than 6,500 square feet. All other development standards in the zone would apply to this property, as would other applicable City requirements for construction. 6. The Basic Development Standards within the LDR zone are set forth in the Department's staff report (Exhibit 1) at page 3. Comprehensive Plan policies 7.3.1, 7.64 and 7.6.6, set forth in Exhibit at page 5, pertain to single family uses within the City. TMC 18.70.030 provides that "a lot which cannot meet the basic development standards for the zone...may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone." 7. The Department recommends that the application for the variance be approved with conditions. Because the Allentown neighborhood lacks urban infrastructure to support small lot development, the Director recommends that the applicant be required to participate in any future Local Improvement District (LID) for sidewalks and other improvements along 48 Avenue South. Conclusions }1 Examiner Decision L06 -062 QuachVariance Page 3 of 4 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010 and 18.108.030. Under TMC 18.72.020, all of the variance criteria must be met in order for a variance to be granted. 2. The variance would not constitute a grant of special privilege inconsistent with limitations on other properties in the zone or vicinity. The variance would permit the applicant to develop a single family home on a lot which is 500 square feet less than the minimum lot size, but all other development standards would be met. The variance would not constitute a special privilege, since other single family homes in the vicinity have been developed on lots less than the minimum lot size under the previous Codes. 3. The lots are small because they are in an area platted in 1896, predating the adoption of the current minimum lot size requirements. Under previous City Codes, the applicant was permitted to have one home per lot. Denial of variance relief would deprive the applicant of use rights and privileges permitted to other properties in the vicinity. 4. No material detriment to the public welfare or injury to property or improvements in the vicinity or zone would be created by the variance. The variance would allow the construction of a single family home that would be required to meet all development standards, including setbacks and parking. 5. The implementation of the Comprehensive Plan would not be adversely affected by the variance. Policies 7.3.1, 7.6.4 and 7.6.6, as noted in the Director's report, would be furthered by the grant of the variance. 6. Without the grant of a variance for lot size, the property could not be used for development of a single family home, and the applicant has advised the Director that the property would not have any economic use. The variance is required in order for the applicant to enjoy a substantial property right possessed by other property owners in the zone and vicinity. 7. The application meets all of the variance criteria, and should be approved with the Director's recommended conditions. Hearing Examiner Deccon L06 -062 Quach Variance Page 4 of 4 Decision The requested variance is hereby approved, with the following conditions: 1. Prior to issuance of the building permit, the applicant shall have an approved Lot Consolidation application recorded with the King County Recorder's Office. 2. Prior to issuance of the building permit, the applicant shall sign and the City shall have recorded a no- protest agreement to participate in any future City LID programs for the construction of sidewalks or other urban infrastructure along 48 Avenue South. Entered this 23` day of October, 2006. Concerning Further Review Anne Watanabe Hearing Examiner TMC 18.108.030.0 states that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." Cifr of f TYkICwZPa Department of Community Development Steve Lancaster, Director STAFF REPORT TO THE HEARING EXAMINER PREPARED October 3, 2006 HEARING DATE: October 17 2006 FILE NUMBER: L06-062 A P 11 ICANT: Julie Quach OWNER: Julie Quach • NO'T'IFICATION: On October 3, 2006 a combined Notice of Application and Notice of Public Hearing was mailed to all property owners and tenants within 500 feet of the subject property. The combined Notice was also posted on the site Notice of Public Hearing was published in the Seattle Times on October 6, 2006 REQUEST: Deviation from the minimum lot size within the Low Density Residential zone (LDR) in order to construct one single family home. LOCATION: SEPA DETERMINATION: Exempt 122xx 4I' Ave South, King County Parcel Number. The property is located within a residential area of the City and is surrounded by single family homes. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (LDR) ZONE, DESIGNATION: Low Density Residential (I,DR) STAFF: Br andon J. Miles Assistant Platme Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 -431 -3665 Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 2 of 7 ATTACHMENTS: BACKGROUND • • A. Variance Application B. Site Map provided by applicant C. Aerial Photo D. Applicant's response to variance criteria The applicant owns two lots within the Allentown Neighborhood. The two lots are legally described as lots 12 and 13, Block 7 of the Allentown Addition to the City of Seattle. The Allentown plat was platted in 1896. The lots within Allentown are typically each 3,000 square feet. The applicant owns two lots with a combined square footage of 6,000 square feet. The property is zoned Low Density Residential (LDR). The minimum lot size within the LDR zone is 6,500 square feet. Tukwila Municipal Code (TMC) 18.70.030 notes, A. A Lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standards for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. C. Nothing in this subsection shall be deemed to prevent the owner of a substandard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. "Basic Development Standards" are found in all of the City's land use classifications such as the LDR zone. DCD Planning Page 2 10/09/2006 Q: \Variances\L06 -024, NGO \STAFF REPORT.doc Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Setbacks to yards (minimum): • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides 5 feet • Rear 10 feet Height, maximum 30 feet Off - street parking: • Residential See TMC Chapter 18.56, Off - street Parking & Loading Regulations • Accessory dwelling unit See 18.10.030 • Other uses See TMC Chapter 18.56, Off - street Parking & Loading Regulations Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 3 of 7 • The following are the "Basic Development Standards" within the LDR zone: LDR BASIC DEVELOPMENT STANDARDS The applicant's project would construct a house on a lot which does not meet basic development standards in this case, lot area. Thus, a variance is needed in order to allow the applicant to be able to construct one home the property. Existing Development, surrounding land uses and urban infrastructure The property is currently vacant. Surrounding land uses are residential. Access to the site is via 48` Ave South a two lane public street. VARIANCE CRITERIA The proposed project must comply with criteria detailed in TMC 18.72.020, (1 -5), concerning Variance requests. The applicant's response to variance criteria is attached to this staff report as Attachment (D). Staff makes the following findings under the city's variance criteria (TMC 18.72.020): Under TMC 18.72.020 the Hearing Examiner must find that all of the criteria are met in order to approve the variance. DCD Planning Page 3 Q: \Variances\L06 -024, NGO \STAFF REPORT.doc 10/09/2006 Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 4 of 7 • • 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 The applicant is not asking for a use variance. The applicant is requesting to construct one home on two lots that, when combined, have a square footage of 6,000 square feet. Single family homes are a permitted use within the LDR zone. 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. The applicant's property is located in an area of the City that was platted in 1896, prior to the adoption of any subdivision or zoning laws. The purpose of these early plats was to provide an easier method to convey property. The applicant's two lots were conveyed as a larger property, which contained a total of four lots. Under the City's previous code provisions the applicant was permitted to have one home per lot. The applicant submitted for two building permits (D05 -081 and D05 -158) prior to the effective date of the City's new regulations regarding the construction of homes on substandard lots. What remains of the applicant's property are two lots that do not meet minimum lot size. 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. The applicant is proposing to construct one single family home. The property is zoned LDR and single family homes are a permitted use within the LDR zone (TMC 18.10.020 (1)). The applicant is proposing off - street parking which meets the City's parking requirements. The proposed site map indicates that the home will meet the required setbacks of the LDR zone. The applicant's home will connect to sanitary sewer and water. At the time of building permit submittal, the applicant will have to demonstrate compliance with the King County Surface Water Design Manual. The applicant will also be required to pay traffic impact fees to offset traffic impacts associated with the new home. 4. The authorization of such variance will not adversely affect the implementation of the DCD Planning Page 4 10/09/2006 Q: \Variances\L06 -024, NGO \STAFF REPORT.doc Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 5 of 7 Comprehensive Land Use Policy Plan. • • The City Comprehensive Plan designates the Allentown neighborhood as Low Density Residential. The following goals and policies are set in the City Comprehensive Plan regarding the City's residential neighborhoods: Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single - family and stable multi - family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. The applicant has proposed to construct one single family dwelling within an existing residential district. The City's Comprehensive Plan envisions that homes within LDR zones would be on lots at least 6,500 square feet in size and the City, through street improvements attempts to provide urban infrastructure which supports lots that are at least 6,500 square feet in size. Policy 7.6.4 Support single - family residential in -fill housing that is in harmony with the existing neighborhood as a means of achieving adequate, affordable, and/or diverse housing. Development within the Allentown Neighborhood drastically increased after the City provided sanitary sewer to the area. The current housing in the area is a mix of older homes on properties that contain multiple lots and homes which were built under a previous code provision of one home on one lot. These homes were located on lots that do not meet the City's minimum lot area. Policy 7.6.6 Develop single - family regulations that encourage compatibility with the existing scale of residential structures in the neighborhood, provide an appropriate relationship of lot area, building scale, and building siting, and maintain a sense of community (e.g. mature trees, pedestrian scale, sensitive transition between public and private spaces.). The applicant's variance request is to construct one single family home on a lot which is less than the minimum lot area of 6,500 square feet. The applicant must still comply with all development standards including setbacks, building coverage, parking standards, height, etc. 5. The granting of such variance is necessary for the preservation and enjoyment of a DCD Planning Page 5 Q: \Variances \L06 -024, NGO \STAFF REPORT.doc 10/09/2006 Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 6 of 7 • • substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. The applicant has noted in the response to variance criteria that the property would not be capable of having any economic use for the property if the variance is not granted. CONCLUSIONS 1. The applicant's variance request is consistent and compatible with the Allentown Neighborhood. The applicant's preliminary plans show a home which will meet setbacks and building coverage. 2. The applicant has not created the hardship that exists requiring the need to obtain a variance. The applicant developed the lots to the north under a previous code provision that permitted one home per lot. It is due to updated land use regulations that require this variance required. The surrounding properties are not controlled by the applicant and the homes on these properties are near the side setbacks. These two factors prohibited obtaining property from adjacent properties in order to meet lot size. The applicant has presented a project which will comply with TMC 18.70.030 by combining lots under common ownership into one building site. 3. Without the variance the economic potential of the property would be significantly diminished. 4. The variance would allow the property owner to enjoy a substantial property right enjoyed by other equally situated land owners. 5. The Allentown district lacks much of the urban infrastructure that would be required for small lot development. The City's Comprehensive Plan assumed that development within residential zones would be with lots greater than 6,500 square feet. However, if the property owner were to participate in any future Local Improvement District (LID) for sidewalks and other improvements along 48 Ave. S the infrastructure concerns could be alleviated. RECOMMENDATIONS Staff recommends approval of the variance with the following conditions: 1. Prior to issuance of the building permit, the applicant shall have an approved Lot DCD Planning Page 6 10/09/2006 Q: \Variances \L06 -024, NGO \STAFF REPORT.doc Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 7 of 7 • I Consolidation application recorded with the King County Recorder's Office. 2. Prior to issuance of the building permit, the applicant shall sign and the City shall have recorded a no- protest agreement to participate in any future City LID programs for the construction of sidewalks or other urban infrastructure along 48 Ave South. DCD Planning Page 7 Q: \Variances\L06 -024, NGO \STAFF REPORT.doc 10/09/2006 CizyofTukwila NOTICE OF APPLICATION NOTICE OF PUBLIC HEARING DATED October 4, 2006 OTHER REQUIRED PERMITS: Building Permit, City of Tukwila DCD Plumbing Permit, City of Tukwila DCD Mechanical Permit, City of Tukwila DCD Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director The following applications have been submitted to the City of Tukwila Department of Community Development for review and decision. APPLICANT: Julie Quach AGENT: Julie Quach LOCATION: 12xx 48 Ave S., King County Parcel Numbers 017900 -1400 and 017900 -1405 OWNER OF THE PROPERTY: Julie Quach FILE NUMBER: L06 -062 PROPOSAL: The applicant has submitted a variance application asking for relief from the minimum lot size requirement within the Low Density Residential (LDR) Zone. The applicant's property contains two lots and when combined the two lots are less than the minimum lot area in the LDR zone of 6,500 square feet. The applicant is requesting that the City allow for the construction of one home on the combined lot area of the two lots. OTHER PERMITS THAT MAY BE REQUIRED: Electrical Permits, Washington State Department of Labor and Industries These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 = 431 -3670 • Fax: 206- 431 -3665 You are invited to comment on the project at a public hearing scheduled for 9:00AM October 17, 2006 before the Hearing Examiner. The hearing will take place at 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188. To confirm the time and date before the hearing, call the Department of Community Development at 206 - 431 -3670. You may also submit your comments in writing prior to the Hearing. For further information on this proposal, contact Brandon J. Miles at 206 - 431 -3684 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Please send comments to: City of Tukwila Planning Attn: Brandon J. Miles 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 OPPORTUNITY FOR PUBLIC COMMENT APPEALS You may request a copy of any decision by the Hearing Examiner on a project or obtain information on your appeal rights by contacting the Department of Community Development at (206)- 431 -3670. The Hearing Examiners decisions in this matter can only be appealed to King County Superior Court. DATE OF APPLICATION: September 7, 2006 NOTICE OF COMPLETE APPLICATION: September 19, 2006 NOTICE OF APPLICATION POSTED: October 4, 2006 CE LINE DIYDRANT 48T14 AVE. S SITE PLAN No EDGE OF ASR4ILT PAVEMENT RECEIVED SEP s: COMMUNITY DEVELOPMENT .7 /ye j a,(4 fhrc- % / c� . wif q rl 78 N 4 °' . 4 A f.! 3:; c +22 lie • ' • .14 SJunip6i i V1 --- .Q_I:i5A5.it ...p ( .4Nr S! VICINITY MAP Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I, ,p , HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Notice of.Public.Meeting. Mitigated Determination of Non- Significance 04vv Board of Adjustment Agenda Pkt Project Number: L_._-0(9,_0(Q a Determination of Significance & Scoping Notice Mailer's Signature: , Board of Appeals Agenda Pkt Person requesting mailing: Notice of Action `14.) Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda / Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other ° Was mailed to each of the addresses listed on this year 20 day of Od in the P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003 :31 PM Project Name: 3 D-' 04vv Project Number: L_._-0(9,_0(Q a Mailer's Signature: , :e_e---- Person requesting mailing: J) `14.) Was mailed to each of the addresses listed on this year 20 day of Od in the P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003 :31 PM () U.S. ARMY CORPS OF ENGINEERS ( ) FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE () OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT () DEPT NATURAL RESOURCES () OFFICE OF THE GOVERNOR TRADE () DEPT OF FISHERIES ECONOMIC DEV. WILDLIFE () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 () K.C. WASTEWATER TREATMENT DIVISION () KC. DEPT OF PARKS & REC \LKC. ASSESSORS OFFICE () TUKWILA SCHOOL DISTRICT () TUKWILA LIBRARY () RENTON UBRARY () KENT LIBRARY () CITY OF SEATTLE LIBRARY () OWEST ( ) SEATTLE CITY LIGHT () PUGET SOUND ENERGY () HIGHLNE WATER DISTRICT () SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES () KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: ( ) FIRE ( ) FINANCE ( ) BUILDING ()MAYOR () PUBLIC WORKS () POLICE () PLANNING () PARKS & REC. () CITY CLERK ( ) PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE ( ) MUCKLESHOOT INDIAN TRIBE ( ) CULTURAL RESOURCES PROGRAM ( ) FISHERIES PROGRAM ( ) WILDLIFE PROGRAM ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:\ADMINISTRATIV E\FORMS \CHKLIST. DOC FEDERAL AGENCIES WASHINGTON STATE AGENCIES () DEPT OF SOCIAL & HEALTH SERV. () DEPT OF ECOLOGY. SHORELAND DIV () DEPT OF ECOLOGY. SEPA DIVISION' () OFFICE OF ATTORNEY GENERAL • SEND CHKLIST W/ DETERMINATIONS • SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES SCHOOLS/LIBRARIES UTILITIES CITY AGENCIES OTHER LOCAL AGENCIES MEDIA () U.S. ENVIRONMENTAL PROTECTION AGENCY () U.S. DEPT OF H.U.D. () NATIONAL MARINE FISHERIES SERVICE ( ) HEALTH DEPT () PORT OF SEATTLE () KC. DEV & ENVIR SERVICES-SEPA INFO CNTR ( ) K.C. TRANSIT DIVISION - SEPA OFFICIAL ( ) KC. LAND & WATER RESOURCES () FOSTER LIBRARY () K C PUBLIC LIBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT ( ) RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 () CITY OF RENTON PUBLIC WORKS () BRYN MAWR - LAKERIDGE SEWER/WATER DISTRICT () RENTON PLANNING DEPT () CITY OF SEA -TAC () CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS () CITY OF SEATTLE - SEPA INFO CENTER - DCLU () STRATEGIC PLANNING OFFICE' • NOTICE OF ALL SEATTLE RELATED PING PROJ. () OUWAMISH INDIAN TRIBE () P.S. AIR POLLUTION CLEAN AGENCY () SOUND TRANSIT () DUWAMISH RIVER CLEAN -UP COALITION 'SEND NOTICE OF ALL APPUCATIONS ON OUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CI.TUKWILA.WA.US.WWW SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section 'Applicant 'Other agencies as necessary (checked off on attached list) *Any parties of record ' send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the notice of application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section State Attorney General 'Applicant 'Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements - Cross- sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:1ADM IMSTRATNEEFORMS\CHKLIST.DOC PUBLIC NOTICE MAILINGS FOR PERMITS N.1.4111 11A.s. 7428 Latona Avenue NE Seattle, WA 98115 Puentes Armando 12212 46 Avenue S. Tukwila, WA 98178 Fox, Shelley 12218 46 Avenue S. Tukwila, WA 98178 6 pc-TA yrdetz, Nelson, Thea 4718 S. 124 Street Tukwila, WA 98178 Nguyen, Vien Ngoc 12259 48 Avenue S. Tukwila, WA 98178 Vanderwel, Ruby 12243 48 Avenue S. Tukwila, WA 98178 Duong, Amy 12241 48 Avenue S. Tukwila, WA 98178 Lee James 2222 76 Avenue SE Mercer Island, WA 98040 Ong, Emmanuel 12233 48 Avenue S. Tukwila, WA 98178 Harris, C S 10529 SE 213 Street Kent, WA 98031 Harris, Croswell S. 12231 48 Avenue S. Tukwila, WA 98178 Barton Sandra 12223 48 Avenue S. Tukwila, WA 98178 Fagan, Terrance 12215 48 Avenue S. Tukwila, WA 98178 Perovich, Chris 19650 SE 310 PL Kent, WA 98042 Marshal, TR 4919 S. 124 Street Tukwila, WA 98178 Wang, Tony T 5460 Highland Dr. Bellevue, WA 98006 Glessner, Jim 14247 28 Avenue S. Seattle, WA 98168 Olson, Kathleen 4904 S. 122 Street Tukwila, WA 98178 Northern Pacific Ry Co Tax Dept. Local 600 Central Bldg. Seattle, WA 98104 Woldenedhin, Meseret G 4622 S. 122 Street Tukwila, WA 98178 Nguyen, Thuan Kim Thi 4702 S. 122 Street Tukwila, WA 98178 Bailey, Edward 12055 77 Avenue S. Seattle, WA 98178 Peirano, Melvin 4716 S. 122 Street Seattle, WA 98178 Wollaston, William E. 4724 S. 122 Street Seattle, WA 98178 Bice, M R 4730 S. 122 Street Seattle, WA 98178 Powell, Builders Inc. P.O. Box 98309 Des Moines, WA 98198 Rau. Chalene 5107 Delaware Avenue Everett, WA 98203 Forsberg, Scott 36329 SE 56 Street Fall City, WA 98024 Patterson, Brian J. 12233 51st PL S. Tukwila, WA 98178 Riverton, Contractors Inc. 764 Valentine Avenue SE Pacific, WA 98047 Prichett, Winifred E 12243 51 PL S. Tukwila, WA 98178 Eastside Funding LLC 3933 Lake Washington Blvd. NE #100 Kirkland, WA 98033 Lance, Randal 1225751 PLS Tukwila, WA 98178 Scown, Daniel 9209 15 PL SE Everett, WA 98205 Kennedy, Jacqueline 4623 S. 124 Street Tukwila, WA 98178 Rigsby, Robert 615 S. 150 Street Burien, WA 98148 Decker, Vickie Lynn 4715 S. 124 Street Tukwila, WA 98178 Anderson, Linda M 4720 S. 125 Street Tukwila, WA 98178 Compo, Cecil 4801 S. 124 Street Tukwila, WA 98178 Chen, Wei Ting & Jones, David 4811 S. 124 Street Tukwila, WA 98178 Nelson Michael 12222 46 Avenue S. Tukwila, WA 98178 Lee - Voelker, Jo Ann 700 Cherrington PW Coraopolis, PA 15108 Draculan, Alan 12234 46 Avenue S. Tukwila, WA 98178 Doak Darryl 12246 40 Avenue S. Tukwila, WA 98178 Darryl Doak Sr. 11812 26 Avenue SW Burien, WA 98146 Louie, Lincoln 12256 46 Avenue S Tukwila, WA 98178 Aragon, D 4610 S. 124 Street Tukwila, WA 98178 Swanson, David 4616 S. 124 Street Tukwila, WA 98178 Ross, Rose 12253 47 Avenue S. Tukwila, WA 98178 Villarta, Evangeline 12241 47 Avenue S. Tukwila, WA 98178 Truon9, Thai Q 12235 ar Avenue S. Tukwila, WA 98178 Salaam, Zayid 12229 47 Avenue S. Tukwila, WA 98178 Roberts, Randy 218 17 Street SW Puyallup, WA 98371 Liao, Mei 12225 47 Avenue S. Tukwila, WA 98178 Roberts, Randy 12223 47 Avenue S. Tukwila, WA 98178 Den Adel Terry L 12219 7 Avenue S. Tukwila, WA 98178 Vogt Brian 12211 47 Avenue S. Tukwila, WA 98178 Grant Melvin 12203 47 Avenue S. Tukwila, WA 98178 McCleave, Diane 4705 S. 122 Street Seattle, WA 98178 Wertman, Donald 12210 47 Avenue S. Tukwila, WA 98178 Cheeseman, Sandy 12216 47 Avenue S. Tukwila, WA 98178 Tran, Quynh 12222 47 Avenue S. Tukwila, WA 98178 Aguilar Rosario 12226 47 Avenue S. Tukwila, WA 98178 Vader, John 12228 47 Avenue S. Tukwila, WA 98178 Williams, Terry 12240 47 Avenue S. Tukwila, WA 98178 Jiminez, Virgilio 12244 47 Avenue S. Tukwila, WA 98178 Garnett, Stuart 12252 47 Avenue S. Tukwila, WA 98178 Price, Robert 4702 S. 124 Street Tukwila, WA 98178 Earheart, Randy 4710 S. 124 Street Tukwila, WA 98178 Stewart, Lawrence 4714 S. 124 Street Tukwila, WA 98178 McClave, Diane L 12211 48th Avenue S. Tukwila, WA 98178 Loftus, Thomas J 4918 S. 122 Tukwila, WA 98178 Copeland, Philip & Rita 12208 48 Avenue S. Tukwila, WA 98178 Christensen, Taylor R. 12218 48 Avenue S. Tukwila, WA 98178 Tinsley, Randy G 12224 48 Avenue S. Tukwila, WA 98178 Nguyen, Phuc 12228 48 Avenue S. Tukwila, WA 98178 Santos Edward 12230 48 Avenue S. Tukwila, WA 98178 Tran, Nguyen 12236 48 Avenue S. Tukwila, WA 98178 Eastland Frederick 12242 48 Avenue S. Tukwila, WA 98178 Barrett, Randy 2736 37 Avenue SW Seattle, WA 98126 Wu, Yong 6614 S. 124 Street Seattle, WA 98178 Joura, Darshan 25804 34 Avenue S. Kent, WA 98032 Sissons, Alcia 4816 S. 124 Street Seattle, WA 98178 Probach, Michael 16047 Maplewild Avenue SW Burien, WA 98166 Dolejska, Chris 12241 49 Avenue S. Tukwila, WA 98178 Daly, Barbara 12235 49 Avenue S. Tukwila, WA 98178 Brown, Kenneth 12231 49 Avenue S. Tukwila, WA 98178 Gauthun, Steve 12211 49 Avenue S. Tukwila, WA 98178 Armstrong, Steven 12219 49 Avenue S. Tukwila, WA 98178 Vu, Tu 12201 49 Avenue S. Tukwila, WA 98178 Jensen, Annette 11014 SE 192 Street Renton, WA 98055 Jensen, John James 8555 135 Avenue SE Newcastle, WA 98059 Jacobson, Daisy 12218 49 Avenue S. Tukwila, WA 98178 Blackburn, Jim 18815 SE 308 Street Kent, WA 98042 Gauthun, Family Irrevocable 12228 49 Avenue S. Tukwila, WA 98178 Bendico, Isidro 12236 49 Avenue S. Tukwila, WA 98178 Davis, Doris J P.O. Box 69761 Seattle, WA 98168 Johnson, Patricia M 12256 49 Avenue S. Tukwila, WA 98178 Tongue, Patrick A 4916 S. 124 Street Tukwila, WA 98178 Doll, Brian D 12244 50 Avenue S. Kirkland, WA 98033 12201 49 Avenue S. Tukwila, WA 98178 Jasetbsea, Daisy— f2,6;30 12218 49 Avenue S. Tukwila, WA 98178 Q- 12224 49th Avenue S. Tukwila, WA 98178 thus arn+►y. Q.ts iarl� 12228 49 Avenue S. Tukwila, WA 98178 , CC 12236 49 Avenue S. Tukwila, WA 98178 elr- VoActtA 4916 S. 124 Street Tukwila, WA 98178 12244 50 Avenue Fe9-clet\- Tukwila, WA 98178 1 pp 2'dt4 12233 51st PL S. Tukwila, WA 98178 i ■ din fi 12243 51st PL S. Tukwila, WA 98178 9util 1225 51st PL S. Tukwila, WA 98178 —Eafteer Randal idc� 122571st PL S. Tukwila, WA 98178 9 A _ } 4623 S. 124 Street Tukwila, WA 98178 �(� w/ " , i-GN 4705 S. 124 Street Tukwila, WA 98178 - eeekor, 4715 S. 124 Street Tukwila, WA 98178 Anctersonr a c}- 4720 S. 124 Street Tukwila, WA 98178 -Gempc cil is l (1a4- 4801 S. 124 Street Tukwila, WA 98178 0- 4811 S. 124 Street Tukwila, WA 98178 ti i,) to» 1 4915 S. 124 Street Tukwila, WA 98178 . ,.Teat'- P-1 (Jcr 12092 44 PL. S Tukwila, WA 98178 gA 4904 S. 122 " Street Tukwila, WA 98178 4622 S. 122 Street Tukwila, WA 98178 £all y, -- 126)46 f, 4708 S. 122 Street Tukwila, WA 98178 WuttasturWiliiara t 2tyrtic 4 ` 4724 S. 122 Street Tukwila, WA 98178 - s-- sQ,6 1 4730 S. 122' Street Tukwila, WA 98178 -eartor eec nk- 12204 46 Avenue S Tukwila, WA 98178 12212 46 Avenue S Tukwila, WA 98178 - r-e4,sbellW i?1,, * I` 12218 46 Avenue Tukwila, WA 98178 12222 46 Avenue S Tukwila, WA 98178 ( 215418 4 - 12230 46 Avenue S Tukwila, WA 98178 4),oak, [Cyr , &Estrella n� — �7 1' 12246 46 Avenue S Tukwila, WA 98178 e>M 1 12248 46 Avenue S Tukwila, WA 98178 ..Da 214 eleh) 12242 46 Avenue S Tukwila, WA 98178 lame; L4ac,Q jp Q '5Io. 12252 46 Avenue S Tukwila, WA 98178 12256 46 Avenue S Tukwila, WA 98178 Q.lS0M1- 4810 S. 124 Street Tukwila, WA 98178 tvedriserprol +r+d ees klf h 1 4616 S. 124 Street Tukwila, WA 98178 9.15 12253 47 Avenue S. Tukwila, WA 98178 Q."jdon r 12241 47 Avenue S. Tukwila, WA 98178 - Tr l4* 120516 12235 47 Avenue S. Tukwila, WA 98178 aat,ae riet 261, a,4 12229 47 Avenue S. Tukwila, WA 98178 cRetawfamoy P.P1 rJc - 12227 47 Avenue S. Tukwila, WA 98178 et-ieer -_ el51 12225 47 Avenue S. Tukwila, WA 98178 --EabotemBlitlaY 12 116411 - 12223 47 Avenue S. Tukwila, WA 98178 Eferaftieil4aRai 121%6 F 12219 47 Avenue S. Tukwila, WA 98178 t? 5ida,r 12211 47 Avenue S. Tukwila, WA 98178 12203 47 Avenue S. Tukwila, WA 98178 Grent-toletvit,-- Pei dfr,i 12205 47 Avenue S. Tukwila, WA 98178 Mesifternireigniel nay, f' 122nd Street Tukwila, WA 98178 P-€94 12210 47 Avenue S Tukwila, WA 98178 {vac n� 12216 47 Avenue S. Tukwila, WA 98178 yep t2fi,+&A1- 12222 47 Avenue S. Tukwila, WA 98178 ecgfdt4 1222 47" Avenue S. Tukwila, WA 98178 12228 47 Avenue S. Tukwila, WA 98178 Wily Q44464 12240 47 Avenue S. Tukwila, WA 98178 i ;2151(1c61 � 12244 47 Avenue S. Tukwila, WA 98178 Cart gic c."V 12252 47 Avenue S. Tukwila, WA 98178 riQ *F Qz'SJo h 4702 S. 124 Street Tukwila, WA98178 et7i661 4710 S. 124 Street Tukwila, WA98178 Stetvett-traviRRIte 9 4714 S. 124 Street Tukwila, WA98178 Naha Maga k c5i J(n t 4718 S. 124 Street Tukwila, WA98178 LIDUMPMerrNejec 9-e5∎ df F 12259 48 Avenue S. Tukwila, WA 98178 915 12251 48 Avenue S. Tukwila, WA 98178 f� Vandergnir eb - -€9 clf11 12243 48 Avenue S. Tukwila, WA 98178 Beep — f ctu+q" 12241 48 Avenue S. Tukwila, WA 98178 ee i JONI' 12235 48 Avenue S. Tukwila, WA 98178 11 ill �/SidL 12233 48 Avenue S. Tukwila, WA 98178 idashEr 9-104 12231 48 Avenue S. Tukwila, WA 98178 •, iWdl atA- 12227 48 Avenue S. Tukwila, WA 98178 dra f 12223 48t Avenue S. Tukwila, WA 98178 Fagan _ Q g?o )-- 12215 48 Avenue S. Tukwila, WA 98178 1 12211 48 Avenue S. Tukwila, WA 98178 -L-oftarTtrorrram 26; ( 11,4 12203 48 Avenue S. Tukwila, WA 98178 lap— t ot hA 12208 48 Avenue S. Tukwila, WA 98178 n -' 4 12212 48 Avenue S. Tukwila, WA 98178 —T-ataefe �, Randy ,fdt'� 12224 48 Avenue S. Tukwila, WA 98178 c Vislacitt 12228 48 Avenue S. Tukwila, WA 98178 wee -Award iS ram y 12230 48th Avenue S. Tukwila, WA 98178 4-repritecogen 2i s cto4 12236 48 Avenue S. Tukwila, WA 98178 ZentSalitsKly .c54 12250 48 Avenue S. Tukwila, WA 98178 n Qs>> 66.1- 4814 S. 124 Street Tukwila, WA 98178 4816 S. 124 Street Tukwila, WA 98178 s— s rdAAV 12241 49 Avenue S. Tukwila, WA 98178 12",t 9 12211 49 Avenue S. Tukwila, WA 98178 9rn Q 12219 49 49 Avenue S. Tukwila, WA 98178 • • The Need for the variance A. Location B. How and when these lots were created C. TMC 18.70.030 relating to substandard lots D. The property is currently vacant. Surrounding land uses are residential. Access to the site is via 48 Ave S a two land public street. II. Variance Criteria A. The applicant is not seeking a use variance only a dimensional standard variance. B. The applicant's previous projects. C. The applicant will be required to comply with all development standards, such as height, maximum building coverage, setbacks, etc. The home will be connected to sanitary sewer and the applicant will have to demonstrate compliance with the King County Surface Design Manual. The applicant will be required to pay traffic impact fees at the time of building permit issuance. D. The applicant's variance request is consistent with most polices and goals of the City's comp plan. The City's comp plan does envision development on lots that are at least 6500 square feet in size. Many of the city's development plans anticipate a development of at least 6500 square feet. Staff believes that this can be remedied by requiring the property to participate in future LIDs for improvements along 48 Ave S. E. Should the variance not be approved the applicant would lose a significant amount of the economic value of the property. \Cd\ row eA,` d'1u,l c, ►cS District Name TUKWILA Property Name ABDULMALIK ABDULNASER M +TON ROHIMAH Property RESIDENTIAL Plat Name ALLENTOWN ADD Present Use Vacant (Single - family) Plat Block 7 Water System WATER DISTRICT Plat Lot 13 Sewer System PUBLIC Lot Area 3,000 SqFt (0.07 acres) Access PUBLIC Section/Township /Range SE 10 23 4 Street Surface PAVED Sale Date 5/22/2006 I Sale Price I$140,000 Seller Name ABDULMALIK ABDULNASER M +TON ROHIMAH Buyer Name NGO JUAN +QUACH JULIE Appraised Land Value $42,000 Taxable Land Value $42,000 Appraised Improvement Value $0 Taxable Improvement Value $0 Appraised Land Value $45,000 Taxable Land Value $45,000 Appraised Improvement Value $0 Taxable Improvement Value $0 King County: Assessor Prope 'Characteristics Report King County Taxpayer JULIE Tax Year 2006 Tax Status TAXABLE 4 , f -6 Lt't News; Secirices1" Taxable Value Reason 410 Comments: By law this information may not be used for commercial purposes. Assessor Real Property Records: NGO JUAN +QUACH Parcel Number 0179001405 Account Number 017900140504 Levy Code 2411 NONE OR UNKNOWN Taxpayer NGO JUAN +QUACH JULIE Tax Year 2007 Tax Status TAXABLE Parcel Number Account Number Levy Code Taxable Value Reason Assessor Property Sales Records: Tip: Use the Recorders Office: Excise Tax Affidavits Report to see more sales records details 0179001405 017900140504 2411 NONE OR UNKNOWN Assessor Parcel Records: Page 1 of 2 t,.,..•/ /.,,..,...c -nnni 1 nin/ nnc Account Number 017900140504 Record Number 01 Legal Description 13 7 ALLENTOWN ADD King County: Assessor Properharacteristics Report This report was generated: 10/3/2006 3:14:36 PM Related on -line reports: King County GIS: Property information FAQ King County Assessor: Submit a request to correct this information DDES: Permit Applications Report King County: Districts and Development Conditions Report King County Assessor: eReal Property Report (PDF format requires Acrobat) King County Assessor: Quarter Section Map Report (PDF format requires Acrobat) King County Treasury Operations: Property Tax Information Recorders Office: Excise Tax Affidavits Report Recorders Office: Scanned images of plats, surveys, and other map documents Enter a 10 digit Parcel Number: Assessor Legal Description Records: or Enter an address: Search 0 King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Page 2 of 2 ti ttn• / /x:ninvS matrnlrn nnv /rarsnrfr /r.rnrsarty rar.nrt 9D NI 111 7011111 AIIG 1 n /ne PI nnu Sale Date 5/22/2006 ISale Price 1$140,000 Seller Name ABDULMALIK ABDULNASER M +TON ROHIMAH $0 Buyer Name NGO JUAN +QUACH JULIE Present Sale Date 6/20/1995 ISale Price I$14,500 Seller Name HOVLAND RUTH E Buyer Name ABDULMALIK ABDULNASER M +ROHIMAH TON Sale Date 11/10/1985 (Sale Price I$0 Seller Name HOVLAND KENNETH EARL Buyer Name HOVALND RUTH ELAINE Appraised Land Value $42,000 Taxable Land Value $42,000 Appraised Improvement Value $0 Taxable Improvement Value $0 Appraised Land Value $45,000 Taxable Land Value $45,000 Appraised Improvement Value $0 Taxable Improvement Value $0 District Name TUKWILA Property Name Property RESIDENTIAL Plat Name ALLENTOWN ADD Present Vacant King County: Assessor Properiharacteristics Report King County Tax Status TAXABLE Hg n era Taxpayer NGO JUAN +QUACH JULIE Tax Year 2006 Taxpayer NGO JUAN +QUACH JULIE Tax Year 2007 Tax Status TAXABLE Niriis By law this information may not be used for commercial purposes. Parcel Number Account Number Levy Code Parcel Number Account Number Levy Code i�;se6ticesj Assessor Real Property Records: Taxable Value Reason Taxable Value Reason Assessor Property Sales Records: Tip: Use the Recorders Office: Excise Tax Affidavits Report to see more sales records details LCo mment s 1 0179001400 017900140009 2411 NONE OR UNKNOWN 0179001400 017900140009 2411 NONE OR UNKNOWN Assessor Parcel Records: earch; Page 1 of 2 iiffr,• / /1:ninirG /r.rnr.nr1 rnr.nrt ner.9DTAT- 111112111111 A CA 1 n /n2 /111A Account Number 017900140009 Record Number 01 Legal Description 12 7 ALLENTOWN ADD King County: Assessor Prope Characteristics Report • Assessor Legal Description Records: This report was generated: 10/3/2006 3:13:28 PM Related on -line reports: King County GIS: Property information FAQ King County Assessor: Submit a request to correct this information DDES: Permit Applications Report King County: Districts and Development Conditions Report King County Assessor: eReal Property Report (PDF format requires Acrobat) King County Assessor: Quarter Section Map Report (PDF format requires Acrobat) King County Treasury Operations: Property Tax Information Recorders Office: Excise Tax Affidavits Report Recorders Office: Scanned images of plats, surveys, and other map documents Enter a 10 digit Parcel Number: or Enter an address: Search King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Page 2 of 2 1ittr.•/ /xininv' matrnLn nnv/rarsnrto/ryrnrsarty rarsnrt ocrODIXT— (11'70(Vl1 1 11 //12 /111/14 Use (Single - family) Plat Block 7 Water System WATER DISTRICT Plat Lot 12 Sewer System PUBLIC Lot Area 3,000 SqFt (0.07 acres) Access PUBLIC Section/Township /Range SE 10 23 4 Street Surface PAVED King County: Assessor Prope Characteristics Report • Assessor Legal Description Records: This report was generated: 10/3/2006 3:13:28 PM Related on -line reports: King County GIS: Property information FAQ King County Assessor: Submit a request to correct this information DDES: Permit Applications Report King County: Districts and Development Conditions Report King County Assessor: eReal Property Report (PDF format requires Acrobat) King County Assessor: Quarter Section Map Report (PDF format requires Acrobat) King County Treasury Operations: Property Tax Information Recorders Office: Excise Tax Affidavits Report Recorders Office: Scanned images of plats, surveys, and other map documents Enter a 10 digit Parcel Number: or Enter an address: Search King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Page 2 of 2 1ittr.•/ /xininv' matrnLn nnv/rarsnrto/ryrnrsarty rarsnrt ocrODIXT— (11'70(Vl1 1 11 //12 /111/14 1 September 22, 2006 Ms. Julie Quach 14310 4 Ave SW Burien, WA 98166 RE: Notice of Hearing Date Change L06 -062 Dear Ms. Quach: As I noted on the phone today, the variance hearing has been rescheduled for October 17, 2006 at 9am. The hearing will be conducted in Conference Room 2 which is located in the Community Development Office. The address is 6300 Southcenter Blvd, Suite 100, Tukwila, Washington 98188. If you have any questions, please call (206) 431 -3684 or send an email to bmiles(c�ci.tukwila.wa.us. Sincerel Bandon J. Miles Assistant Planner City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director cc. Hearing Examin File (L06 -062) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 September 19, 2006 Ms. Julie Quach 14310 4 Ave SW Burien, WA 98166 • City of Tukwila Re: Notice of complete application Variance, L06 -062 Dear Ms. Quach: • NOTICE OF COMPLETE APPLICATION Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director The Department of Community Development received your variance application on September 7, 2006. On September 8, 2006 the application was deemed incomplete because the mailing labels were insufficient. On September 19, 2006 additional information was submitted. Based on a review of your application for submittal requirements for a variance application, your application is deemed complete as of September 19, 2006. A notice of land use application will be distributed on September 29, 2006. The next step is for you to install the notice board on the site by September 29, 2006. You received information on how to install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. The variance application has been scheduled before the City's Hearing Examiner on November 14, 2006 at 7pm. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 The application has been routed to other City Departments for their review and comment. If you have any questions, you can contact me at (206) 431 -3684 or by email at bmiles • ci.tu wila.wa.us. Sincerely Brandon J. Miles Assistant Planner cc. File (L06 -062) • • September 8, 2006 Ms. Julie Quach 14310 4 Ave SW Burien, WA 98166 41 • City of Tukwila RE: Notice of Incomplete Application Variance Application, L06 -062 Dear Ms. Quach: Department of Community Development Steve Lancaster, Director The City of Tukwila's Planning Department received your application for a variance on September 7, 2006. On September 8, 2006 it was deemed to be incomplete because certain requirements of the application were not provided: Please provide the following: 1. The mailing labels are insufficient. The City needs two sets of mailing labels for all tenants and property owners within 500 feet of the subject site. The mailing labels provided appear to be just for the actual physical sites and do not include addresses for the property owners. For example 12242 46 Avenue South is a vacant lot, yet you have Darryl Doak Sr. living at the address. Please provide mailing labels for the property owners within 500 feet and provide new labels for the site addresses. The site labels should be listed to "resident ". Steven M. Mullet, Mayor Please note that the Department shall cancel an incomplete application if the applicant fails to submit the requested information within 90 -days following notification from the Department that the application is incomplete. The Department may extend up to 120 days if the applicant submits a written request for an extension prior to cancellation. The request must clearly demonstrate that the delay is due to circumstances beyond the applicant's control (such as the need for seasonal wetland data) or unusual circumstance not typically faced by other applicants, and that a good faith effort has been made to provide the requested materials (TMC 18.104.070). 6300 Southcenter Boulevard. Suite #100 • Tukwila, Washineton 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • • Once the above - mentioned information is provided, City staff can begin to review the application. If you have any questions, please feel free to call me at (206) 431 -3684 or you can email me at bmiles@ci.tukwila.wa.us. Brandon J. Miles Assistant Planner cc. File (L06 -062) e August 21, 2006 • City of Tukwila Department of Community Development Steve Lancaster, Director William N. Snell 1111 Third Avenue, Suite 2220 Seattle, WA 98101 -3207 RE: Ngo Building Permit Applications Your letter dated July 14, 2006 Dear Mr. Snell: • The City has reviewed your letter dated July 14, 2006 and the letter provides no new information regarding Juan Ngo and Julie Quach application desires lots 12 and 13 of the Allentown Addition. The definition of lot under TMC 18.06.500 (B) clearly notes, "Lots" may be bought or sold as separate parcels or property but the fact that a parcel of property is defined as a "lot" does not necessarily mean that if may developed as a separate building site ". TMC 18.70.030 (B) provides the following guidance on building on substandard lots: A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standards for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards, for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to the developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. Steven M. Mullet, Mayor Tukwila Page 1 08/21/2006 (T:Afevelnpment Review \NCrO \Augjict 7 rinc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 TMC 18.70.030 (C) notes, Nothing in this subsection shall be deemed to prevent the owner of the substandard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. The property in question is zoned Low Density Residential (LDR). Section 18.10.060 lists the basic development standards for properties located within the LDR zone. One of the basic development standards within the LDR zone is a minimum lot size of 6,500 square feet. Each of the lots in question is approximately 3,000 square feet. In fact it appears that by combining lots 12 and 13 the minimum lot size will still be less than 6,500 square feet and a variance would be needed to allow the construction of one dwelling on the subject property. A variance could be avoided by obtaining an extra 500 square feet to allow the building site to meet the minimum lot size of 6,500 square feet. I have included the variance application and a boundary line adjustment application. Please note that there are no appeal rights to this letter. This letter is responding to your original correspondences. If you wish you can submit for a formal code interpretation which will be issued by the Director. The fee for a code interpretation is $100 and an appeal of a Code Interpretation is $100. A code interpretation may be appealed to the City's Hearing Examiner. If you have any questions, please call (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Brtndon J. Iles Assistant Planner / cc. Steve Lancaster, Director " Shelley Kerslake, City Attorney Nora Gierloff, Planning Supervisor • • Tukwila Page 2 Q: \Development Review \NGO \August 2.doc 08/21/2006 STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: l . I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, e contractors or othej repres ntatives the right to enter upon Owner's real property, located at j f 9..5!'X 17,1 �h ff� e � . l 'zr,zz all- ate/ 78 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at I kW mentioned therein. • p� � ®TA-y 9 N: itily iN% /'UBOG :23 ► 'l,T� O; 16,0. ‘;‘\...:::::. - ( �0_ i ti�� F ` � W G: AI'PHAN\ LANDUSE.APP \ZONVAR.DOC CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY SS ( cit y) . WA (state on Sepfe rn be r 7 , 20 Q 6 4/50 and late, N. Quack) (Print Name) ) 43/Q *+h Ave. S.v &4rie�, WA (Address) /8'66 2o6-2-29-6498 aka, Commission expires on (Signature) II On this day personally appeared before me JUart � A � Aki ' Zfult e H. Quad to me known to be the individualovho executed the foregoing instrument and acknowledged that slimed the same as.hi9+ervoluntary act and deed for the uses and purposes ei; ter SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 7141 m De DAY OF SepI2r a. Awl J • qC tat NOTARY PULIC in and for the State f/f Washington 5S ��• tt residing at fOrl -/d - 08 • ,20 0 6 April 4. 2006 5 01 4 0 40 " NNETT L JOHNS DL WO 44 60001 43 1330 4 1 1320 6000! 13m 60001 1300 • 30001 295 \ :a5 30001 1290 o .A ;13 1275 ., 60001 32 1270 30001 267 _60001 260 2, 1255 — 2:7.'00001 00 1250 spoD{ 12 25 25 !! og sgool 1240 25 ' 25 30001s 1340 4 5001s 1345 45001s 1355 5 90001s 2, 7 1370 37 1200015 86 1380 • 30001. 1390 • 30001. 2_ 1 30001 • 1400 30001s 1410 60001s 1415 30001s 1425 • 18 19 25 1 2O■ i > 1 25 1400015 1435 25 1 25 100 6000(5 4 3 1555 42 90001s 40 1540 60001s 38 545 ° 60001s 34 1510 3�4 ' 60 00 1 s 32 Iwo 54 A`eo0 6 fs 30 1490 54 2 6000 {s 8 1485 9 40001s 1475 loo 23, 74 5o;001s 1455 25 ' 25 25.120 5001s 11465 25 25 25 2 co 5 125 25 NO 47 $89 "17 25 1 25 S125THST 25 25 S 122ND _ST • , 3000{ 1585 '30001 1586 30001 1587 3000{ 1588 30001 1589 ''1595 60001s • 3'.1600 9 6000,5 8 12 • 1,1 90001s • 15 80001s 7 1635 0 1660 850.P1s - - - 2 5 20 25 21 25 22 25 27 00 1.i 25 24 25 260 1695 1650pIs 25 25 ' 25 30001s 60.67 44 84601s 40 T770 41 -.44) 90001s 3 9 17 60001s 37 1745 ' 36 90001s 34 T7 = 31 2A 150001s 1715 °AG+ j e0 6 25 ; 25 v � I I �! r33.. 3: 75p01s ;3200 CRITERIA: 1. The proposed new house will be on a combined lot of two three thousand square feet lots side by side. Though the combined lot is 500 square feet less than the 6,500 sq -ft minimum lot size, it is either equal to or greater than the adjacent and neighboring properties. 2. Without the granting of variance, the lot won't be able to be developed, which might become a dumping yard for the neighbors and eye sore spot for the city. Beside, the total square footage of the lot will be either equal to or greater than the neighboring properties. 3. Most of the properties around are either equal to or smaller than this combined properties. The granting of variance for the combined use of these two lots has no detrimental effect to the public welfare or injurious to the property or improvements in the vicinity and in the zone these combined properties are situated. 4. I am requesting messing to build one house on my property. 5. The request of variance will have a reverse impact on the development of the neighboring properties. Without the variance, my property rights can't developed like other neighboring properties. plibrary.prc plibrary.prc plibrary.prc 1.79E +08 12204 46TH 98178 1.79E +08 12212 46T 98178 1.79E +08 12218 46T 98178 1.79E +08 1.79E +08 12222 46T 98178 1.79E +08 12230 46T 98178 1.79E +08 1.79E +08 12246 46TH AVE S 1.79E +08 12248 46TH AVE S 1.79E +08 12242 46TH AVE S 1.79E +08 12252 46T 98178 1.79E +08 12256 46TH AVE S 1.79E +08 1.79E +08 4610 S 124 1.79E +08 1.79E +08 4616 S 124 98178 1.79E +08 12253 47T 98178 1.79E +08 12241 47T 98178 1.79E +08 12235 47T 98178 1.79E +08 12229 47T 98178 1.79E +08 12227 47T 98178 1.79E +08 12225 47T 98178 1.79E +08 12223 47T 98178 1.79E +08 12219 47T 98178 1.79E +08 12211 47T 98178 1.79E +08 12203 47T 98178 1.79E +08 12205 47T 98178 1.79E +08 4705 S 12 1 , -I -98178 1.79E +08 12210 47T 98178 1.79E +08 12216 47T 98178 1.79E +08 12222 47T 98178 1.79E +08 12226 47T 98178 1.79E +08 12228 47T 98178 1.79E +08 12240 47T 98178 1.79E +08 12244 47T 98178 1.79E +08 12252 47T 98178 1.79E +08 4702 S 12 X98178 1.79E +08 4710 S 124 98178 1.79E +08 4714 S 124 1.79E +08 4718 S 1244 1.79E +08 12259 48T 1.79E +08 12251 48T 1.79E +08 12243 48T 1.79E +08 12241 48T 1.79E +08 12235 48T 1.79E +08 12233 48T 1.79E +08 12231 48T 1.79E +08 12227 48T 1.79E +08 12223 48T 1.79E +08 12215 48T O plibrary.property.rpacct view.TAXPAYERNAME CARTER PUENTES ARMANDO FOX SHELLEY FOX SHELLEY NELSON MICHAEL E LEE - VOELKER JO ANN +VOELKER DRACULAN ALAN M +MICHELLE B DOAK DARRYL SR & ESTRELLA M DOAK DARRYL SR +ESTRELLA M DARRYL DOAK SR LOUIE LINCOLN +MARIE +NG RAYM LOUIE LINCOLN +MARIE +NG RAYM ARAGON D ARAGON D I Z 41 �f TJ w� 9 g/ 7r ARAGON D SWANSON DAVID ROSS ROSE MARIE VILLARTA EVANGELINE +LITO TRUONG THAI Q +VO ANNABELLE SALAAM ZAYID ROBERTS RANDY R +CATHY A LIAO MEI +WAN MIN ZHONG ROBERTS RANDY R DEN ADEL TERRY L +THAS VOGT BRIAN J GRANT MELVIN GRANT MELVIN Z Z N MCCLEAVE DIANE L WERTMAN DONALD M +BEVERLY J CHEESMAN SANDY C TRAN QUYNH CHI AGUILAR ROSARIO GARCIA VADER JOHN A WILLIAMS TERRY K JIMINEZ VIRGILIO C GARNETT STUART W PRICE ROBERT F +JUDY L EARHEART RANDY L 98178 STEWART LAWRENCE C 98178 NELSON THEA G 98178 NGUYEN VIEN NGOC THI +HO VAN THI 98178 VUONG T THACH & HUONG TANG 98178 VANDERWEL RUBY E 98178 DUONG AMY N 98178 LEE JAMES K L & SAU 98178 ONG EMMANUEL C +CAROLINE C 98178 HARRIS C S 98178 HARRIS CROSWELL S 98178 BARTON SANDRA S 98178 FAGAN TERRANCE +TERESITA P9-c- /taw da- mac a' g /7- Avt_S gI7r" et- MA-qt(17r 117 "\ pp 1 wR9g (2 (4 S - 9 gI7 L(g �Ak e-- S i 1g( 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 12241 49T 1.79E +08 1.79E +08 1.79E +08 12211 49T 1.79E +08 12219 49T 1.79E +08 12201 49T 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 1.79E +08 12218 49T 1.79E +08 12224 49T 1.79E +08 12228 49T 1.79E +08 12236 49T 1.79E +08 1.79E +08 4916 S 12 '5 . 98178 12244 50Th 981 S 1.79E +08 1.79E +08 1.79E +08 12211 48T 98178 12203 48T 98178 12208 48T 98178 12212 48T 98178 12224 48T 98178 12228 48TH AVE S 12230 48TH AVE S 12236 48T 98178 12250 48T 98178 Th 4814 S 1211 s X98178 4816 S 121} 98178 98178 98178 98178 98178 98178 98178 98178 1.79E +08 DOAK HOMES INC 1.79E +08 RAU CHALENE 1.79E +08 1.79E +08 1.79E +08 12233 51 Sr 98178 1.79E +08 PL S . 1.79E +08 12243 51S 98178 1.79E +08 12253 51S 98178 1.79E +08 12257 51S 98178 1.79E +08 1.79E +08 '(11 1.79E +08 4623 S 1211 98178 MCCLEAVE DIANE L LOFTUS THOMAS J +MARTHA COPELAND PHILIP & RITA COPELAND PHILIP & RITA CHRISTENSEN TAYLOR R +DAVID RICE CURTIS A TINSLEY RANDY G +CANDACE A NGUYEN PHUC +KIM HOA T SANTOS EDWARD L +JESUSA L NGO JUAN +QUACH JULIE NGO JUAN +QUACH JULIE TRAN NGUYEN M EASTLAND FREDERICK +SH BARRETT RANDY E WU YONG CHUN JOURHA DARSHAN +MEENA SISSONS ALCIA N1 PROBACH MICHAEL R +JACQUELIN LOFTUS THOMAS J DOLEJSKA CHRIS DALY BARBARA +JENKINS LAURI BROWN KENNETH E GAUTHUN STEVE ARMSTRONG STEVEN W +PHOEBE A VU TU DINH JENSEN ANNETTE JENSEN ANNETTE JENSEN JOHN JAMES +LISA M JENSEN JOHN JAMES +LISA M JENSEN JOHN JAMES +LISA M JACOBSON DAISY +LEWIS B BLACKBURN JIM GAUTHUN FAMILY IR: ' OCABLE BENDICO ISIDRO DAVIS DORIS J JOHNSON PATRICIA M TONGUE PATRICK A -- - 1 2 L/ "NIL gLeu "1\- a. "? DOLL BRIAN D S 0 71 \ p- - - S DOAK HOMES INC FORSBERG SCOTT J PATTERSON BRIAN J RIVERTON CONTRACTORS IN PRITCHETT WINFRED E +NADA EASTSIDE FUNDING LLC LANCE RANDAL D DOAK HOMES INC SCOWN DANIEL M +KIM KENNEDY JACQUELINE 0 711 L( g . POWELL BUILDERS INC 9 U7 S I S f"' pL s . g ic17 r LANs X81fig' - n- , S 1.79E +08 4705 S 124 98178 1.79E +08 4715 S 1214 98178 1.79E +08 4720 S 1214 98178 1.79E +08 4801 S 1244 98178 1.79E +08 4811 S 124 98178 1.79E +08 rfh 5r 1.79E +08 4915 S 124 98178 1.79E +08 p L S 3.35E +09 12092 44Th 98178 3.35E +09 3.35E +09 4904 S 122 N49 178 3.35E +09 3.35E +09 3.35E+09 3.35E +09 4622 S 122 8178 3.35E +09 ND s f. 3.35E +09 4708 S 122 98178 3.35E +09 rJb 31 3.35E +09 4724 S 12Z X 1) 9$1 8 3.35E +09 4730 S 12� 98178 O RIGSBY ROBERT & KELLI DECKER VICKIE LYNN ANDERSON LINDA M COMPO CECIL R SR CHEN WEI TING JONES DAVID R PEROVICH CHRIS M - MARSHAL TR WANG TONY T T +SHERRY S F +TO GLESSNER JIM I OLSON KATHLEEN M OLSON KATHLEEN M LOFTUS THOMAS J NORTHERN PACIFIC RY CO WOLDEMEDHIN MESERET G NGUYEN THUAN KIM THI BAILEY EDWARD R PEIRANO MELVIN L WOLLASTON WILLIAM E BICE M R 1 ilidekvniA (Ant q8 /7 q' uy . wtcw4%6t- w(81 (22ND s/ T w' FOR STAFF USE ONLY Permits Plus Type: P-SV or P -VAR Planner: File Number: / 0 t, - 0 (' 2 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: APPLICATION NAME OF PROJECT/DEVELOPMENT: it/ d 4ad LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. /9,Q x x Lf 6 717 S . ;�, i, _ �rrf4 q8, LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 4/ nee- i po -* dl 7 O- /170.5 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the � City, to whom all notices and reports will be sent. J 'L 4e.lh Address: /43/6 77/ /lit' S t,11. & Jrbt."11 (/1q t g8"16.t Name: Phone: Qdh - 2q- 04 98 FAX: E -mail: Signature: 4 G:\ APPEIAN \LANDUSE.API' \ ZUNVAR.DXC ReC SEp 0 7 2006 CITY OF TUKWILA p �COP N t ZONING OR Department of Community Development bF T 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 SIGN CODE E - mail: tukplan @ci.tukwila.wa.us VARIANCE Date: .° .30 0 A mm A f'17 ITa'NT A • VICINITY MAP FENCE LINE Ins • 48T14 AVE. 5 EDGE GF A5Rl4LT PAVEMENT SITE PLAN ►'oa RECEIVED SEP 0 7 2006 COMMUNITY DEVELOPMENT J'u�r► / e (f-- J 0cam �ac qv 78- Attachment B • • Applicant's Property bffrt• / /morte A1Rit9tmor.l'Pntr7t I'A m /rvrrsilnrti /(��rn(�TC /.,or1 Page 1 of 1 4 0 N Cit Copyright 02006 All Rights Reserved. The information contained contributor supplied under license and may not be approved excel Attachment C • • CRITERIA: 1. The proposed new house will be on a combined lot of two three thousand square feet lots side by side. Though the combined lot is 500 square feet less than the 6,500 sq -ft minimum lot size, it is either equal to or greater than the adjacent and neighboring properties. 2. Without the granting of variance, the lot won't be able to be developed, which might become a dumping yard for the neighbors and eye sore spot for the city. Beside, the total square footage of the lot will be either equal to or greater than the neighboring properties. 3. Most of the properties around are either equal to or smaller than this combined properties. The granting of variance for the combined use of these two lots has no detrimental effect to the public welfare or injurious to the property or improvements in the vicinity and in the zone these combined properties are situated. 4. I am requesting per missing to build one house on my property. 5. The request of variance will have a reverse impact on the development of the neighboring properties. Without the variance, my property rights can't developed like other neighboring properties. Attachment 1) August 21, 2006 William N. Snell 1111 Third Avenue, Suite 2220 Seattle, WA 98101 -3207 RE: Ngo Building Permit Applications Your letter dated July 14, 2006 Dear Mr. Snell: O Department of Community Development Steve Lancaster, Director The City has reviewed your letter dated July 14, 2006 and the letter provides no new information regarding Juan Ngo and Julie Quach application desires lots 12 and 13 of the Allentown Addition. The definition of lot under TMC 18.06.500 (B) clearly notes, "Lots" may be bought or sold as separate parcels or property but the fact that a parcel of property is defined as a "lot" does not necessarily mean that if may developed as a separate building site ". TMC 18.70.030 (B) provides the following guidance on building on substandard lots: A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standards for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards, for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to the developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. Steven M. Mullet, Mayor Tukwila Page 1 08/23/2006 - Q: \nevelopm -nt Peview\I`1G© \nuugt 3.doc 6300 Southcenter Boulevard, Suite #100 • TukWila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 =3665 TMC 18.70.030 (C) notes, Nothing in this subsection shall be deemed to prevent the owner of the substandard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. The property in question is zoned Low Density Residential (LDR). Section 18.10.060 lists the basic development standards for properties located within the LDR zone. One of the basic development standards within the LDR zone is a minimum lot size of 6,500 square feet. Each of the lots in question is approximately 3,000 square feet. In fact it appears that by combining lots 12 and 13 the minimum lot size will still be less than 6,500 square feet and a variance would be needed to allow the construction of one dwelling on the subject property. A variance could be avoided by obtaining an extra 500 square feet to allow the building site to meet the minimum lot size of 6,500 square feet. I have included the variance application and a boundary line adjustment application. Please note that there are no appeal rights to this letter. This letter is responding to your original correspondences. If you wish you can submit for a formal code interpretation which will be issued by the Director. The fee for a code interpretation is $100 and an appeal of a Code Interpretation is $100. A code interpretation may be appealed to the City's Hearing Examiner. If you have any questions, please call (206) 431 -3684 or send an email to bmiles ci.tukwila.wa.us. Sincerely, on J. MI es Assistant Planner cc. Steve Lancaster, Director Shelley Kerslake, City Attorney Nora Gierloff, Planning Supervisor • • Tukwila Page 2 Q: \Development Review \NGO \August 2.doc 08/23/2006 Willia m N. Snell • Brandon Miles City of Tukwila Planning Department Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Re: Lots 12 & 13, Allentown Addition Dear Mr. Miles: LAW OFFICES OF WILLIAM N. SNELL A PROFESSIONAL SERVICE CORPORATION 1111 THIRD AVENUE SUITE 2220 SEATTLE, WASHINGTON 98101 -3207 July 14, 2006 • ���cevE® r 7 1 2006 ELOPE NT (206) 386 -7855 FAX (206) 682 -3746 snellaw @msn.com I represent Juan Ngo and Julie Quach, owners of the above referenced two lots. In applying for permits to develop their property, Mr. Ngo received a letter dated June 27, 2006 from the City of Tukwila (Jennifer Marshall) stating that his development permit application D06 -246 and D06 -247 was incomplete. The Planning Division comments stated that the City does not recognize the lot lines between lots 12 and 13 and that all information available to the City indicates that this site is only permitted to have one house. Lots 12 and 13 were established in the Plat of Allentown Addition, which was recorded in 1906, which predates the incorporation of the City of Tukwila. Our research shows that the lots have been treated as separate parcels of property since their creation in 1906. All of the legal descriptions identify the properties as follows: Lots 12 and 13, Block 7, Allentown Addition to the City of Seattle, according the plat thereof recorded in Volume 12 of Plats, page 100, King County. Each lot has a separate tax parcel number: Lot 12 (No. 017900- 1400 -09, Lot 13 (No. 017900 - 1405 -04). TMC 18.06.500 (as amended by Ordinance 2097) defines "Lot" as a physically separate and distinct parcel of property that was created by a plat. Both lots 12 and 13 were created by a plat. TMC 18.70.030 provides that any lot not meeting current minimum development standards in its zone may continue to have uses that are permitted in the zone if the "lot size was legally established before the effective date of incorporation of the City of Tukwila." The Plat of Allentown Addition that was established in 1906 predates the incorporation of the City of Tukwila. Based on the foregoing information, Lots 12 and 13 should be considered buildable lots. I have enclosed copies of the Allentown Addition Plat, warranty deed and tax parcel numbers (note on tax parcel numbers the owner is listed as Abdulmalik but it does not reflect the change in ownership in May 22, 2006). Prior to the availability of sewers the lots were not buildable C: \DOCUMENTS AND SETTINGS \SNELLAW\MY DOCUMENTS \QUACH \TUKWILA LET 071406.DOC July 14, 2006 Page 2 because of the area needed for a septic system. However, as is shown by other development in the Plat of Allentown Addition, 3,000 square foot lots are buildable. If I can provide you with any further information, please let me know. An expeditious response is requested. WNS:wns cc: Juan Ngo and Julie Quach Enclosures: as referenced above • • C: \DOCUMENTS AND SETTINGS \SNELLAW\ MY DOCUMENTS \QUACH \TUKW ILA LET.071406.DOC Parcel Name Site Address Area Code Block 017900 -1405 ABDULMALIK ABDULNASER M 024 -002 7 .egal Description ALLENTOWN ADD 2007 0 2006 0 2005 0 2009 0 2003 0 Parcel 017900 -1405 ABDULMALIK ABDULNASER M Parcel Data Land Data Land SqFt 3,000 Use Exemption Acres 0.07 Environmental No Water WATER DISTRICT Topography No Sewer /Septic PUBLIC Traffic No Views Rainier No Sound No Olympics No Lk Wash No Cascades No Lk Samm No Territorial No Lk/Riv /Crk No Seattle No Other No Waterfront Location No Footage 0 Bank No Access Rights No Tide /Shore No Prox. Influence No Restricted No Poor Quality No Building /improvement Tax Roll History Appraised Taxable Tax Yr Omit TaxValue Land Val Imp Val Total Land Val Imp Val Total Yr Reason 45,000 0 45,000 45,000 0 95,000 92,000 0 92,000 92,000 0 42,000 40,000 0 40,000 40,000 0 90,000 18,000 0 18,000 18,000 0 18,000 17,500 0 17,500 17,500 0 17,500 Page 1 of 2 Present Use Vacant(Single- family) Zoning LDR Jurisdiction TUKWILA Property Type Code R Lot 13 Parcel Name Site Address Area Code Block ,egal Description 017900 -1400 ABDULMALIK ABDULNASER M 024 -002 7 ALLENTOWN ADD • • Parcel 017900 -1400 ABDULMALIK ABDULNASER M Parcel Data Land Data Land SqFt 3,000 Use Exemption Acres 0.07 Environmental No Water WATER DISTRICT Topography No Sewer /Septic PUBLIC Traffic No Views Rainier No Sound No Olympics No Lk Wash No Cascades No Lk Samm No Territorial No Lk/Riv /Crk No Seattle No Other No Waterfront Location No Footage 0 Bank No Access Rights No Tide /Shore No Prox. Influence No Restricted No Poor Quality No Present Use Vacant(Single- family) Zoning LDR Jurisdiction TUKWILA Property Type Code R Lot 12 Building /Improvement Page 1 of 3 PLAT OP AVD1 Z 1V TO CITY Of SE ,4772.E • . 0. i l✓ i `, i 0 N N o• SURVEveo .4/451. .ATTBO 13).• ?iLL1\ A +i'tiF , /EA, 7`3YJW C aA.R DtN3`\ �� , 'C` Gwrwsr, /E,5 C.4L enanaLrES JCNrrte d7•1Wf 1•: ��lea,:issrr 0 .1. .1 a Wain LITM I:fL1S'2.` UP111.7 R.11 IIC91111 NSW 11:111 USN Minis RUB INDE 1 -- A144N 8 F••- /..'1b AVENUE MINI MORI =MI MSS mno !CM WILVFOI smarm !RUN EON MON OEM =al RCN bg111g! o O r IBM E:t ' _o_ MN IOW MIN NMI ECM MEW W - MLR MEM NM! IM:11 21R2R NMI MEM - 1111i a .r s S. z u .0 �i ®R® RUN SW IMO MIMI wow .I NILICIALMEI NEM �� RON NUM MUM WM; MINIM • � i ev 2 z I. a MEM MN REIN Q lEON x Mi A5 NEON NMI i7 NCR MI WM 1/ 111111 F L'I Y 0 1, 0 9IIlI! ALLEN ,el" .•e. 2 tl } mum IRINSVINIC SIDRIMIN wirmilrua MMUS : t�fi]F i nWOR M". NUM JIM RUC 7 5• 40 illIMMI I SI R ' S11111A11111AMI[•7 ROBERT - -+-,•. r.rr c AVENUE 1Co 1 :41L. 4 11.!• 1 g_i. ,,.d AVENUE - -. ` .E:: • \1 ✓ Jy 7 0 \ 1. DESCAIPT •7hs P&W d ALLENTVAW AD0T70N 7V C/7Y arjr.ATTLE• .4`h /o //w h ea/hal bnv):- in 1 1 ' o/ en.. d yes L. / .10rn L..: ab � M 6ar a . t d "r ,569 zee.. t7Tt /t . >`u •� �"�RL. u�lrrs Gtanoo an CL'ov b a m.4 min dx Conk Line o/.er iasiwp d,xbj al //x /1&,dann /Lri mie Me Ca/n atw ono' Sams/ ze .64.67 along dt oz a ea /tao'd ev,e /o , ,. Iv /vJddoneb /Jb RT ,.s .5 LC:Ir't4E. mitt FP /a on . M ai* , n/fi1 O. b? v ButxJ/L tldri,b Oa-lanai Oihin 40 47 brier 1/97'4.4.17, Mao abrao. sad /rrs6 b o rd G, /0o /QIh/ t27Y a'//a CL wmral, R7i•d. d'ar/xe ,I7dl 4J )9 .WJ.14 lxeca 1(60 J9:if JrJ,f0 "ante (SJ.e64,6 W AWL,. iraJMe 467tr6'947Yd8a40 77)enee M40' /444 if! /ltd! tYx.rxe NZO iff1.4 'Ix J6eleA //am KJ ert7a474' 680 9./#wee N49• J.5"Z4 /Y,16.A 9J, cixix,0 //6396'0W 6034 d ,xe NTSV -9? •4J.10. t/1'iare €3 lid 'Ja;36 /Y 61109 /hence 4.7.69'0L',36'0 9JZSO. //xyxe N/1.54 i ? /.1&J9 Nxixe N1JVt a iY. ,'R66 / 6 0Q•L4•/Y60199, I/x/z'e .eYI�o7N7' , d? y /rsn/ ' 77xr ,eae/rcd fur/ sbe ala/a a .?r z I' ,9r ty' hI d the //A9a7n /a or1 vnoa o� Je� Rod /P / /,lmsras we as saran an t1xJ4re d s3r"eplal en /ul. A9 75t!a..d OYt/XA'd inc kac ■- X_r.oion .AIICentoten 3 '7nw • i DEDICATION �\ L/oxa n A //er, one Fkrb 7 SooN/q, /Cap Ca Sett .s' /n omen n /oo ahsac aria acne for � d /ond ch Ixuav drloie /hd p/oplop' al AL LEJ/TOPYN AD 1770m 71 CITY 0A SEATTL • and do he/ cby dedcd h AX p("WE foA 1/x rooe6 dl rui4 and mewo, hereon sh'vrrn. h ciVtcss ,a a/ "re hare heau MG sJ ar, /rands or/ sear AO 7 day o/Aiwa, A a /906& xO ow/ „writ/ri7 NV (/op A/'r/ ,ase,7ce a1 R MQ Hoyrrrs F /Ero /Me/7 (IN grl/ord.On y�. V •& 40, ACKNOWLEDGMENT CCovm f ar r, o J JA Tfis ,s J� ce.dA, on U,ie 73 , A'�✓ . /I.'o7o ys RY Mono) /La 1.996 e o at/crh tin , � paoi• A lo7 e A /kn a nolo /e i 7aJ ai, awl Hoorn bLr ors Into execu,Y6 11Z jv. o' in me Ito/ sl'0 wet epoch one Janke axarl atrahre rb l tSrJ ,6 tlz uses sd a pwpetIeJ ab77r men /4 10.4aess /ztoo' and a fo / sea th.d 7•n day a1 Mail, is! a /906 M. B Hoynos AO/o AWOL /n 0 p.m r ml nbOin a r41.Wy Of A , 3/a t Ovoy MARCH /906 r , EAnnA az only oppro7ed ,h3 9 dayo/M•oirhA. /See_ CratireCrom A L. /iaJee/Ox Caun8/.$/r,rs Examsned and anon. by Bow d co...q, Ccrnm/ssam -mss /Yaps 9•de+, a.4 4r 5 �9D• /.9 b. P. c/c5m:/i� 3B06JZ Filed /or mane o1 /ruvas/ of MD Haynes 41o, 9,■9415 d �o ,,7.-na a4 as/ 9 and v, 424// a /Z dp*Z5 ,oeeiw J . Rem /lily Ca A E3ts h. c%P..' loin,, /1440z/ .wa 00 r 0 r 20060524002451 AFTER RECORDING MAIL TO: Mr. and Mrs. Juan Ngo 14310 . 4th Ave SW $eatile; WA 98166 • : :Filed for Record at.Request of • A+.Escraw Servkes, LLC Estrow'Number: 906-06 • Iszcoit Th-1.4 Statutory Warranty Deed Grantor(s): Abdulnasei M. Abdoimalikand Rohimah ton Grantee(s): Juan Nei and Julie puach Abbreviated Legal: * . Lts 12 & 13, Blk 7, AllentOwn Add to cis, VOI 12/100 Assessor's Tax Farce! Nuinber(s): 017900-1400-G9; 0179634405-04 Generally known as: 122xx 48th Ave South, Tukwila,. WA 9817g. THE GRANTOR Abdulnaser M. AbdOlmalikanCRohiMalf Ton, husband and wife for and in consideration of TEN DOLLARS AND OTHEH GOOD AND VALUABLE CONSTDERATION in hand paid, conveys and 'warrants to Juan Ngo and Julie Qua* husband and wife the fdllowing described reEd estate, situated in the County of King, State of Washington. • • Lot(s) 12 and 13, BlOck 7, Allentown Addition to the City:of Seattle, accordirigTO•the.plat thereof recgided in Volume 12 of plats, page(s) 100, in King County, Washington. ; Subject to Notice of Sewer and/or Water Connection Charge recorded under King County Recording No 97012064 • Dated ;• , . 64PdA-4- Abdillnaser /■, Dated: • 5 /D-D-ID • kotstO it tItw • 111111111111 111111111 20060524002451 TICOR NATIONAL WD 32.00 PAGE001 OF 001 05/24/2008 15:32 KING COUNTY, WA Rohimah Ton 1 0 . . STATE OF Washington COUNTY OF 2SS: I certify that I know or have satisfactory evidence that Abdurnaser M. Abdulmalik and Rohimah Ton is/are the person(s) who appeared before me, and s'IdPersOn(s)'ackpo.wledged that he/she/they signed this instrument and acknowledge it to be his/her/60i free and voluntary act for the uses and purposes mentioned in this instrument:.- -•• • • Hoa T. N Notary Public in and forthe State Qf Washitigbn Residing at 0247Y1 My appointment expires: 1- - 0 . . . 1E222 911)511) 05/24/2008 15:30 KING COUNTY, WA TAX $2,497.00 SALE $14. PAGE001 OF 001 0 A t a Dkl :I *N iml 4 FILE CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICATION: Variance to allow deviation from the Minimum lot size within the Low Density Residential (LDR) zone LOCATION: 122xx 48th Avenue South FILE NUMBER: L06 -062 APPLICANT: Julie Quach OWNER: Julie Quach COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (LDR) ZONING DISTRICT: Low Density Residential (LDR) SEPA DETERMINATION: Exempt PUBLIC HEARING: October 17, 2006 The following persons offered testimony at the hearing: Brandon J. Miles, Assistant Planner, Department of Community Development Julie Quach, Applicant, 14310 4th Avenue SW, Burien, WA 98166 EXHIBITS: The following exhibits were entered into the record: 1. Department's staff report, dated October 3, 2006 Attachment A: Variance application Attachment B: Site Map Attachment C: Aerial Photo Attachment D: Applicant's response to variance criteria 2. Full -size site plan Introduction The applicant, Julie Quach, seeks variance approval pursuant to TMC 18.72.020 from the minimum lot area requirement within the Low Density Residential zone. The public hearing on the application was held on October 17, 2006, in Conference Room 2, 6300 Hearing Examiner Decisioi L06 -062 Quach Variance Page 2 of 4 Southcenter Boulevard. Represented at the hearing were: the Department, by Brandon J. Miles, Assistant Planner; and the applicant, by Julie Quach. No member of the public offered testimony at the hearing. The Hearing Examiner inspected the site on October 20, 2006. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Findings of Fact 1. The property consists of two lots which are legally described as Lots 12 and 13, Block 7, of the Allentown Addition to the City of Seattle. The lots are located adjacent to 48th Avenue South, in the Allentown Neighborhood, and have a combined square footage of 6000 square feet. The lots are vacant. 2. The property is zoned Low Density Residential (LDR), and the minimum lot size in the zone is 6500 square feet. The Comprehensive Plan designation for the area is LDR. 3. The property is located in an area that was platted in 1896. Lots in the Allentown neighborhood are typically around 3,000 square feet. Housing in the area is a mix of older homes on properties with multiple lots. 4. The applicant's two lots were conveyed as part of a larger property that contained four lots. The applicant developed the other two lots under an earlier version of the Code which permitted one home per lot. 5. The applicant seeks a variance to allow the construction of a single family home on a lot with less than 6,500 square feet. All other development standards in the zone would apply to this property, as would other applicable City requirements for construction. 6. The Basic Development Standards within the LDR zone are set forth in the Department's staff report (Exhibit 1) at page 3. Comprehensive Plan policies 7.3.1, 7.64 and 7.6.6, set forth in Exhibit at page 5, pertain to single family uses within the City. TMC 18.70.030 provides that "a lot which cannot meet the basic development standards for the zone ... may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone." 7. The Department recommends that the application for the variance be approved with conditions. Because the Allentown neighborhood lacks urban infrastructure to Hearing Examiner Decision L06 -062 QuachVariance Page 3 of 4 support small lot development, the Director recommends that the applicant be required to participate in any future Local Improvement District (LID) for sidewalks and other improvements along 48th Avenue South. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010 and 18.108.030. Under TMC 18.72.020, all of the variance criteria must be met in order for a variance to be granted. 2. The variance would not constitute a grant of special privilege inconsistent with limitations on other properties in the zone or vicinity. The variance would permit the applicant to develop a single family home on a lot which is 500 square feet less than the minimum lot size, but all other development standards would be met. The variance would not constitute a special privilege, since other single family homes in the vicinity have been developed on lots less than the minimum lot size under the previous Codes. 3. The lots are small because they are in an area platted in 1896, predating the adoption of the current minimum lot size requirements. Under previous City Codes, the applicant was permitted to have one home per lot. Denial of variance relief would deprive the applicant of use rights and privileges permitted to other properties in the vicinity. 4. No material detriment to the public welfare or injury to property or improvements in the vicinity or zone would be created by the variance. The variance would allow the construction of a single family home that would be required to meet all development standards, including setbacks and parking. 5. The implementation of the Comprehensive Plan would not be adversely affected by the variance. Policies 7.3.1, 7.6.4 and 7.6.6, as noted in the Director's report, would be furthered by the grant of the variance. 6. Without the grant of a variance for lot size, the property could not be used for development of a single family home, and the applicant has advised the Director that the property would not have any economic use. The variance is required in order for the applicant to enjoy a substantial property right possessed by other property owners in the zone and vicinity. 7. The application meets all of the variance criteria, and should be approved with the Director's recommended conditions. Hearing Examiner Decision L06 -062 Quach Variance Page 4 of 4 Decision The requested variance is hereby approved, with the following conditions: 1. Prior to issuance of the building permit, the applicant shall have an approved Lot Consolidation application recorded with the King County Recorder's Office. 2. Prior to issuance of the building permit, the applicant shall sign and the City shall have recorded a no- protest agreement to participate in any future City LID programs for the construction of sidewalks or other urban infrastructure along 48th Avenue South. Entered this 23rd day of October, 2006. Anne Watanabe Hearing Examiner Concerning Further Review TMC 18.108.030.0 states that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 23rd day of OCTOBER, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail /Messenger Service (used for City personnel only) a sealed envelope containing the attached FINDINGS, CONCLUSIONS AND DECISION addressed to each person listed on the back of this affidavit or on the attached mailing list, in the matter of JULIE QUACH. File Number: L06 -062. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 23rd day of OCTOBER, 2006, at Seattle, Washington. Name: Alvia N. Williams Title: Paralegal MAILING LIST FOR FILE -062 JULIE QUACH 143104 TH AVENUE SW BURIEN WA 98166 BRANDON J. MILES ASSISTANT PLANNER 6300 SOUTHCENTER BLVD. SUITE # 100 TUKWILA WA 98188 City of Tukwila Department of Community Development September 22, 2006 Ms. Julie Quach 14310 4 th Ave SW Burien, WA 98166 RE: Notice of Hearing Date Change L06-062 Dear Ms. Quach: Steven M. Mullet, Mayor Steve Lancaster, Director As I noted on the phone today, the variance hearing has been rescheduled for October 17, 2006 at gam. The hearing will be conducted in Conference Room 2 which is located in the Community Development Office. The address is 6300 Southcenter Blvd, Suite 100, Tukwila, Washington 98188. If you have any questions, please call (206) 431-3684 or send an email to bmiles(a-)-ci.tukwila.wa.us. Sincerel A' Brandon J. Miles Assistant Planner CC. Hearing Examiner File (1-06-062) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 City of, Tukwila Steven M. Mullet, Mayor Department of Co mimunity Development Steve Lancaster, Director s,r1A-FF RE' PORT TO 'rim HEARING EXAMINER PREPARED October 3, 2006 HEADING DATE: October 17, 2006 NOTIFICATION: On October 3, 2006 a combined Notice of Application and Notice of Public Hearin was mailed to all property owners and tc�n-ntsc-r) 9 "., I within 500 feet of the subject property. The combined Notice vas Hearing was published in also posted on the site. Notice of Pu blic. the Seattle Times on October 6, 2006 1,LL,E NUMBER: LO6 -062 APPLICANT: Julie a c h W 11� ER: Julie mach r-1,EQUIEST: Deviation from the naininium lot size wiffiln the Low Density Residential zone (LDR) in order to construct one single fairtily hom--. 11J) ICATION: 122xx 48''' _Ave,- South, King County Parcel Number. The property is located within a residential area of the City and is surrounded by single family homes. S E PA DETERMINATION: Exempt CONIPREHENTSIVE PLAN DESIGNATION: Low Density Residential (LDR) Z-01'4E DESIGNATION: Low Density Residential (LDR) STAFF: Brandon J. Miles, Assistant Planne'rG", CITY OF TUKWILA EXHIBIT Appellant Respondent_ ADMITTED Department DENIED— t,'06' 0 `' FILE # I - (1-: nn - nQ100 . DJ-,. ?nA-11�l-'2A70 a i7a• Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 2 of 7 ATTACHMENTS: A. Variance Application B. Site Map provided by applicant C. Aerial Photo D. Applicant's response to variance criteria BACKGROUND The applicant owns two lots within the Allentown Neighborhood. The two lots are legally described as lots 12 and 13, Block 7 of the Allentown Addition to the City of Seattle. The Allentown plat was platted in 1896. The lots within Allentown are typically each 3,000 square feet. The applicant owns two lots with a combined square footage of 6,000 square feet. The property is zoned Low Density Residential (LDR). The minimum lot size within the LDR zone is 6,500 square feet. Tukwila Municipal Code (TMC) 18.70.030 notes, A. A Lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standards for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. D. A lot, as defined in TMC 18.06.500, which cannot meet, the basic development standards for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. C. Nothing in this subsection shall be deemed to prevent the owner of a substandard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. "Basic Development Standards" are found in all of the City's land use classifications such as the LDR zone. DCD Planning Page 2 10/09/2006 Q:\ Variances \L06 -024, NGO \STAFF REPORT.doe Staff Report to the Hearing Examiner, L06 -C62 Julie Quach Page 3 of 7 The following are the "Basic Development Standards" within the LDR zone: Lot area, minimum 6,500 s . ft. Average lot width (min. 20 ft. 50 feet street frontage width), minimum Setbacks to yards (minimum): • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides 5 feet • Rear 10 feet Height, maximum 30 feet Off - street parking: • Residential See TMC Chapter 18.56, Off - street Parking & Loading Regulations • Accessory dwelling unit See 18.10.030 • Other uses See TMC Chapter 18.56, Off - street Parking & Loading Regulations The applicant's project would construct a house on a lot which does not meet basic development standards in this case, lot area. Thus, a variance is needed in order to allow the applicant to be able to construct one home the property. Existing Development surrounding land uses and urban infrastructure The property is currently vacant. Surrounding land uses are residential. Access to the site is via 48th Ave South a two lane public street. VARIANCE CRITERIA The proposed project must comply with criteria detailed in TMC 18.72.020, (1 -5), concerning Variance requests. The applicant's response to variance criteria is attached to this staff report as Attachment (D). Staff makes the following findings under the city's variance criteria (TMC 18.72.020): Under TMC 18.72.020 the Hearing Examiner must find that all of the criteria are met in order to approve the variance. DCD Planning Page 3 10/09/2006 Q: \`✓ariances\L06 -024, NGO \STAFF REPORT.doc Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 4 of 7 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 -vas filed is located. The applicant is not asking for a use variance. The applicant is requesting to constrict one home on two lots that, when combined, have a square footage of 6,000 square feet. Single family homes are a permitted use within the LDR zone. 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. The applicant's property is located in an area of the City that was platted in 1896, prior to the adoption of any subdivision or zoning laws. The purpose of these early plats was to provide an easier method to convey property. The applicant's two lots were conveyed as a larger property, which contained a total of four lots. Under the City's previous code provisions the applicant was permitted to have one home per lot. The applicant submitted for two building permits (D05 -081 and D05 -158) prior to the effective date of the City's new regulations regarding the construction of homes on substandard lots. What remains of the applicant's property are two lots that do not meet minimum lot size. 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 The applicant is proposing to construct one single family home. The property is zoned LDR and single family homes are a permitted use within the LDR zone (TMC 18.10.020 (1)). The applicant is proposing off - street parking which meets the City's parking requirements. The proposed site map indicates that the home will meet the required setbacks of the LDR zone. The applicant's home will connect to sanitary sewer and water. At the time of building permit submittal, the applicant will have to demonstrate compliance with the King County Surface Water Design Manual.' The applicant will also be required to pay traffic impact fees to offset traffic impacts associated with the new home. 4. The authorization of such variance will not adversely affect the implementation of the DCD Planning Page 4 10/09/2006 Q: \Variances\L06 -024, NGO \STAFF REPORT.doc Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 5 of 7 Comprehensive Land Use Policy Plan. The City Comprehensive Plan designates the Allentown neighborhood as Low Density Residential. The following goals and policies are set in the City Comprehensive Plan regarding the City's residential neighborhoods: Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single - family and stable multi- family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. The applicant has proposed to construct one single family dwelling within an existing residential district. The City's Comprehensive Plan envisions that homes within LDR zones would be on lots at least 6,500 square feet in size and the City, through street improvements attempts to provide urban infrastructure which supports lots that are at least 6,500 square feet in size. Policy 7.6.4 Support single- family residential in -fill housing that is in harmony with the existing neighborhood as a means of achieving adequate, affordable, and /or diverse housing. Development within the Allentown Neighborhood drastically increased after the City provided sanitary sewer to the area. The current housing in the area is a mix of older homes on properties that contain multiple lots and homes which were built under a previous code provision of one home on one lot. These homes were located on lots that do not meet the City's minimum lot area. Policy 7.6.6 Develop single - family regulations that encourage compatibility with the existing scale of residential structures in the neighborhood provide an appropriate relationship of lot area, building scale and building siting and maintain a sense of community (e.g. mature trees, pedestrian scale, sensitive transition between public and private spaces). The applicant's variance request is to construct one single family home on a lot which is less than the minimum lot area of 6,500 square feet. The applicant must still comply with all development standards including setbacks, building coverage, parking standards, height, etc. 5. The granting of such variance is necessary for the preservation and enjoyment of a DCD Planning Page 5 10/09/2006 Q: \Variances \L06 -024, NGO \STAFF REPORT.doc Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 6 of 7 substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. The applicant has noted in the response to variance criteria that the property would not be capable of having any economic use for the property if the variance is not granted. CONCLUSIONS 1. The applicant's variance request is consistent and compatible with the Allentown Neighborhood. The applicant's preliminary plans show a home which will meet setbacks and building coverage. 2. The applicant has not created the hardship that exists requiring the need to obtain a variance. The applicant developed the lots to the north under a previous code provision that permitted one home per lot. It is due to updated land use regulations that require this variance required. The surrounding properties are not controlled by the applicant and the homes on these properties are near the side setbacks. These two factors prohibited obtaining property from adjacent properties in order to meet lot size. The applicant has presented a project which will comply with TMC 18.70.030 by combining lots under common ownership into one building site. Without the variance the economic potential of the property would be significantly diminished. 4. The variance would allow the property owner to enjoy a substantial property right enjoyed by other equally situated land owners. 5. The Allentown district lacks much of the urban infrastructure that would be required for small lot development. The City's Comprehensive Plan assumed that development within residential zones would be with lots greater than 6,500 square feet. However, if the property owner were to participate in any future Local Improvement District (LID) for sidewalks and other improvements along 481h Ave. S the infrastructure concerns could be alleviated. Staff recommends approval of the variance with the following conditions: Prior to issuance of the building permit, the applicant shall have an approved Lot DCD Planning Page 6 10/09/2006 QAVariances \L06 -024, NGO \STAFF REPORT.doc Staff Report to the Hearing Examiner, L06 -062 Julie Quach Page 7 of 7 Consolidation application recorded with the King County Recorder's Office. 2. Prior to issuance of the building permit, the applicant shall sign and the City shall have recorded a no- protest agreement to participate in any future City LID programs for the construction of sidewalks or other urban infrastructure along 48th Ave South. DCD Planning Page 7 10/09/2006 Q: \Variances \L06 -024, NGO \STAFF REPORT.doc • J l CITY OF TUK IL14 ,TY Department of Commimity Development 4FAtr 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukp1an2ci.tukwi1a.wa.us FOR STAFF USE ONLY Permits Plus Type: P -SV or P- VAR Planner: File Number: 1..- & b -- L j L_ _Z Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT /DEVELOPMENT: 'l LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR: The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: L Address: 2-7 _fy s Phone: (%^ <` '= - a6, c �'' FAX: E -mail: Signature: Date: — el',3olC' Page I of I Applicant's Property N Cit' Copyright @ 2006 All Rights Reserved. The information contained contributor supplied under license and may not be approved excel: Attachment C a k' MANN x IS' I 1. The proposed new house will be on a combined lot of two three thousand square feet lots side by side. Though the combined lot is 500 square feet less than the 6,500 sq-ft minimum lot size, it is either equal to or greater than the adjacent and neighboring properties. 2. Without the granting of variance, the lot won't be able to be developed, which might become a dumping yard for the neighbors and eye sore spot for the city. Beside, the total square footage of the lot will be either equal to or greater than the neighboring properties. 3. Most of the properties around are either equal to or smaller than this combined properties. The granting of variance for the combined use of these two lots has no detrimental effect to the public welfare or injurious to the property or improvements in the vicinity and in the zone these combined properties, are situated. 4. 1 am requesting per missing to build one house on my property. 5. The request of variance will have a reverse impact on the development of the neighboring properties. Without the variance, my property rights can't developed like other neighboring properties. Attachment D Case Name Julie Quach - CITY OF TUKWILA Property Address 14310 4 ti' Ave. SW Hearing Examiner Assigned: ❑ Sue Tanner F-1 Anne Watanabe ❑0ther Appeal Information OTHER TYPE OF APPEAL: Variance File No. L06-062 Date Received: 9/25/06 Party Contacts: Applicant Name: Julie Quach Email: Address: 14310 41h Ave. SW Burien , WA 98166 Phone: Fax: Department Name: Brandon J. Miles, Asst. Planner Email: bmi1es@ci.tukwila.wa.us - Address: 6300 Southcenter Blvd, Ste. 100 Tukwila WA 98188 - Phone: ( 206 ) 431-3684 Fax: ( 206 ) 431-3665 Select Party Name: Email: Address: Phone: ( Fax: Select Party Name: Email: Address: Phone: Fax: Select Party Name: Email: Address: Phone: Fax: Select Party Name: Email: Address: Phone: Fax: 6' Pre Hearing Con f.: Continuance 1: Hearing: October 17, 2006 (& 9 a.m. Continuance 2: Continuance 3: Decision Issued: Record Closed: Date NOTES and MILESTONES Initial site plan 48th avenue south site plan attachment b