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Permit L08-039 - A TO B AUTO - APPEAL
This record contains information which is exempt from public disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW as identified on the Digital Records Exemption Log shown below. L08 -039 A to B Auto Sales APPEAL 14621 Pacific Highway South RECORDS DIGITAL D- ) EXEMPTION LOG THE ABOVE MENTIONED PERMIT FILE INCLUDES THE FOLLOWING REDACTED INFORMATION Page # tode Exemption = 8rlef Explanatory DeSclriptiop t tutel ule The Privacy Act of 1974 evinces Congress' intent that social security numbers are a private concern. As such, individuals' social security Personal Information — numbers are redacted to protect those Social Security Numbers individuals' privacy pursuant to 5 U.S.C. sec. 5 U.S.C. sec. DR1 Generally — 5 U.S.C. sec. 552(a), and are also exempt from disclosure 552(a); RCW 552(a); RCW under section 42.56.070(1) of the Washington 42.56.070(1) 42.56.070(1) State Public Records Act, which exempts under the PRA records or information exempt or prohibited from disclosure under any other statute. Redactions contain Credit card numbers, debit card numbers, electronic check numbers, credit Personal Information — expiration dates, or bank or other financial RCW 34, 139 DR2 Financial Information — account numbers, which are exempt from 42.56.230(5) RCW 42.56.230(4 5) disclosure pursuant to RCW 42.56.230(5), except when disclosure is expressly required by or governed by other law. A & B AUTO APPEAL 14621 TIB L08 -039 r .;a Sa on - Sett ement reac a in F, From: To: Alan Doerschel; Jane Cantu; John McFarland; Mayor Mullet; Rebecca Fox; Steve Lancaster Date: 1/16/02 1:24PM Subject: Settlement reached in A to B Auto Denial of Business License case The City has reached a settlement agreement with Ray Stebbins d /b /a A to B Auto. As you recall the recent Hearing Examiner's decision allowed for auto sales and rental at his 14621 TIB location in the NCC zone but disallowed the Park and Fly operation (however the Examiner allowed Stebbins to continue his Park and Fly operation until July 3, 2002, as equitable relief to give him time to transition his business). The agreement reached with Stebbins allows for Stebbins to continue his Park and Fly operation until December 31, 2002, in exchange for Stebbins waiver to not appeal the Hearing Examiner's decision, thus, ending this case. Jane: Upon application and payment of fees, Mr. Stebbins can be issued a 2002 business license for auto sales and auto rental but not for the Park and Fly operation. The license should be annotated to indicate that Mr. Stebbins will have until December 31, 2002, to terminate his unlawful Park and Fly operation at that location. David St.Pierre As to 2003 and beyond: (1) should Mr. Stebbins apply for a business license to operate a Park and Fly operation at his 14621 TIB location, it must be denied; and (2) should Mr. Stebbins apply for a business license to operate an auto sales and auto rental business at his 14621 TIB location, it is our legal opinion that Stebbins must be allowed to continue such operations (assuming ever other requirement is met) even though such businesses are not authorized in the NCC zone... Mr. Stebbins has established his ownership of rights to two legally non - conforming uses (auto sales and auto rental) at his 14621 TIB property. It will take city council legislative actions to amortize away those rights. -David When responding, please respond to: David B. St.Pierre Kenyon Dornay Marshall, PLLC 11 Front Street South Issaquah, WA 98027 425 - 392 -7090 (voice) 206 -628 -9059 (voice) 425 - 392 -7071 (fax) david@kdmlawfirm.com CC: Bob Noe; Sheryl at Issaquah ReggY€�91�Y uUl 2 2000 999 THIRD A SEATTLE, WA FAX: ( Kenyon Dornay Marshall, PLLC (20 Scott M. Missall (206) 515-2241 smissall @scblaw.com Mr. Fred Kaufman Hearing Examiner Renton City Hall 1055 South Grady Way Renton, WA 98055 OFFICES N & BURGESS PLLC ENUE, SUITE 3000 HINGTON 98104 -4088 06) 340-8856 682 -3333 September 29, 2000 Re: Ray Stebbins, d.b.a. A to B Auto v. City of Tukwila Dear Mr. Kaufman: Please find enclosed the original and one copy of Appelant Ray Stebbins' Reply to City's Closing Argument for filing with your office. Please return a conformed copy to our office in the enclosed self addressed stamped envelope. If you have any questions regarding this matter, please call. Sincerely, IrHORT C SSMAN & BURGESS PLLC "Th ej'Inifer Ki ._ ecretary to Scott M. Missall :jdk Enclosures cc: Robert Noe, Esq. Ray Stebbins City of Tukwila 07/14/2000 17 :18 FAX 206 340 8856 Via Facsimile June Cantu, CMC City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 SHORT CRESSMAN & BURGESS July I4, 2000 • 10 002/003 Re: City of Tukwila v. Rory Stebbins; Request for Continuance of July 18, 2000 Hearing Dear Ms. Cantu: This letter will follow up on my telephone message to you on Friday afternoon, July 14, 2000. As I explained, I am requesting a short continuance in the above entitled hearing, from July 18, 2000 to either August 8th or 15th, 2000. Since I last communicated with you and the Hearing Examiner, Mr. Noe, the Tukwila City Attorney, and I have discussed a resolution to this case. Unfortunately, we were not able to come to terms, and agreed that a hearing was necessary. I have spoken with Mr. Noe just recently, and he authorized me to report that he has no objection to continuing the hearing date as set forth above. I am requesting this short continuance because I have a trial starting on July 31, 2000, which is requiring more preparation time than I originally expected. More immediately, I have been preparing summary judgment briefs in that case and will be arguing the matter to 278833.1/323OOt ?1019771.00001 orV / /14 /LUUU 1/ -10 rAA LUO J4U OODO Ms. June Cantu City of Tukwila July 14, 2000 Page 2 anuxi l.xZJJD1Aly & nux,LDO • JVUJ /VUJ the Court on Monday morning, July 17t. This has interfered with my ability to properly prepare Mr. Stebbins defense. A short continuance will not prejudice the City of Tukwila in any respect. I can commit that, if the requested continuance is granted, there will be no further requests to extend the hearing in this case. Thank you for your consideration of this request. I look forward to hearing from you and the Hearing Examiner on Monday. SMM:es cc Mr. Ray Stebbins Robert Noe, Esq. (via facsimile) Mr. Fred Kaufman (via facsimile) 278833. USZ5DO 11 ro 19771.00001 Sincerely, Scott M. Missall 07/14/Z000 17:17 FAX ZOO 340 5550 • SHORT CRESSMAN & BURGESS IJ001 /003 • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206)340 -8856 (206)682 -3333 TELECOPIER TRANSMITTAL LETTER Client/Matter Number. t 4t. T I l 1 1 Date: -414. 0o Sender: Scott M. Missall tt Time: Original Mailed: lkYes O No Pages: O As Requested O Per Conversation 0 For Your Information O No Action Needed 0 Please Respond 0 Other: PLEASE DELIVER THE FOLLOWING _ PAGES TO: Name: (1) . C'�Mc2.r ILi of (2) Company: (1) e.Vt. crf ? (2) Fax No.: (1) L-17- s --9g2.-1O1.1 (2) City: (1) (2) Regarding Message 28� Q t 1 �ec,T- t1 n tYt11L5 fl4 car . PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES NOTE: THE INFORMATION CONTAINED IN TEAS FACSIMILE IS PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL(S) NAMED ABOVE. ANY DISSEMINATION. DISTRIBUTION OR COPYING, EXCEPT BY THE PERSON ABOVE NAMED, IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL VIA THE U.S. POSTAL SERVICE. THANK YOU. 266289.1 /5PDXU I !/099999.00012 DAVID E. BRESKIN KERRY S. BUCKLIN* JOHN O. BURGESS PAUL CHUEY SAMUEL S. CHUNG MICHELLE Y. CLARK BRYAN P. COLUCCIO BRIAN L. COMSTOCK STEPHEN P. CONNOR CLAUDIA CRAWFORD PAUL R. CRESSMAN, JR. PAUL R. CRESSMAN, SR., P.S. DEREK D. CRICK PAUL J. DAYTON WILLIAM L. DIXON V RICHARD A. DU BEY 00 BRADLEY A. EVENS MICHAEL R. GARNER 0 DAVID A. HERRMAN ROBERT E. HIBBS ttt KAREN L. KENDRICK tt DAVID R. KOOPMANS MICHAEL J. LAYTON ANDREW W. MARON CONNIE SUE MANOS MARTIN N. ELIZABETH McCAW*• SCOTT M. MISSALL KENNETH L. MYER JAMES A. OLIVER CHRISTOPHER R. OSBORN CHRISTOPHER L. OTTELE ALEX J. ROSE ANN MARIE E. SARGENT ROBERT J. SHAW SCOTT A. SMITH CHRISTOPHE J VIA • • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC E BY Robert Noe City Attorney for Tukwila 11 Front Street Issaquah, WA 98027 Re: A to B Auto Sales Dear Bob: 999 THIRD AVE SEATTLE, WASHI FAX: (206) 340 -8856 (206) 68 -3333 ii �i P b 20b0 July 5, - 000 Marshall, PLLC Kenyon Dornay JOHN H STRASBURGER JOHN D. SULLIVAN SUSAN THORBROGGER BRADLEY P. THORESON GRAEHM C. WALLACE R. BRENT WALTON ANN T. WILSON LISA WOLPARD ZACHARY A WRIGHT JOSEF DIAMOND COUNSEL TO THE FIRM PAUL E. BRAIN CHARLES R. GOSSAGE • DOUGLAS R. HARTWICH ROBERT E. HEATON JOHN J. HOULIHAN, JR.$ MARK S. NADLER KENNETH P. SHORT ROBERT A. STEWART OF COUNSEL *MEMBER OP PATENT BAR, USPTO $ ADMITTED IN CALIFORNIA, ILLINOIS ONLY • ALSO ADMITTED IN CALIFORNIA ♦• ALSO ADMITTED IN GEORGIA •** ALSO ADMITTED IN S. CAROLINA tt ALSO ADMITTED IN TEXAS ttt ALSO ADMITTED IN MONTANA 0 ALSO ADMITTED IN HAWAII 00 ALSO ADMITTED IN MAINE Thank you for your July 3, 2000 letter. I appreciate your effort in talking with the City staff about Mr. Stebbins' business. I have transmitted your letter to Mr. Stebbins and expect to hear from him shortly. I should be able to advise you of our position by Monday or Tuesday, July 10th or 11th. If necessary, that should give us sufficient time to prepare for the hearing currently scheduled for July 18th. In the meantime, thank you again for your assistance. Sincerely, Scott M. Missall SMM:es cc: Mr. Ray Stebbins 283070.1/62F201!/019771.00001 07/05/2000 16:56 FAX 206 340 8856 SHORT CRESSMAN & BURGESS • • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC MID E. FORESKIN KERRY S. DuCKUNt JOHN 0. BURGESS PAUL CIIUlf euw JEL 8. CH V NG NICHES= Y. CLARK ORYAN P. COLUCC.0 001,N L. couSTOCK PIEPHON P. CONNOR CLAUDIA CRAW POuO rAUL R. CRIaSMAN, JR. PAVE a CREWMAN, MI.. P.8. DekEIC O. CRICK PAUL J• DAYTON WILLLAM L. DIKoN V IUCHAR:3 A. OU BEY 00 BRADLEY A- VveNs MICHARL 0. GARNER 0 0A'ID A. HITRRMAN Meter E. HIBBS tt1 KAREN M RKNok1CK TT DAVID 0. KOOPMANN MICHAEI. J. W' 0(4 ANDRRNI 11. MARTN cowls sun NANOS MARTIN N. AUZABETH MCCAW.. seOTT N. MISSAL'. KENNET!! t_ MYER woe A. OLLLRA RJST000 ua a 09BORN CNR1aTOPHER L. OTT)LLE ALEX J. ROSS ANN HARM 0. eAROENY ROVER? J. SHAW SCOTT A. sMnT1 `"Q1s• rDPITEV§FACSIMILE Robert Noe City Attorney for Tukwila 11 Front Street Issaquah, WA 98027 Re: A to B Auto Sales 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104.4088 FAX (206) 340 -8856 (206) 682 -3333 July 5, 2000 tin 002 /002 JOHN H. 6T1RAOOURC3R mom IL sUl1_,VAN SUSAN TH0030000ER DRAMS, P. T)NIRY_4)N CDAEHM C. WAUACE R, BRENT WALTON ANN T. WI1 10 LIRA WOLFARD ZACHARY A. WRI0 fl 3083' DIAMOND NVNEEL TO THE RAM PAUI. a DRAIN CNARLE9 R. GO18AGt4 I)pt11NAS 0. HARTWICH ROBERT E. HEATON IONN 1. HOULIHAN. JR.i HARR s. NAnLYx KENNETH P. SHORT ROOWLT A. r C'EWART OF COUNSEL *NIIN,OI Or WENT AAA Vent/ AOIIIYTSD a GUYORRU, 1141N00 ONLY • A= AD,rrITI3 IN G1100024• .. MAO .ON TTLO W Oe0A01A ... .ISO ADNeT7201N R CAROLINA 11 ALM) ADMRT0I) IN TTiAS tit AU10 .ONm8D YONCANA 0 ALSO ADILtn'ED IN NASYAD 00 Auk. A01.I1140 IN NAIR) Dear Bob: Thank you for your July 3, 2000 letter. I appreciate your effort in talking with the City staff about Mr. Stebbins' business I have transmitted your letter to Mr. Stebbins and expect to hear from him shortly. I should be able to advise you of our position by Monday or Tuesday, July 10t or 11th. If necessary, that should give us sufficient time to prepare for the hearing currently scheduled for July 18*. In the meantime, thank you again for your assistance. Sincerely, Scott M. Miscall SMM:es cc: Mr. Ray Stebbins 283070.1/62F2011/019771.00001 07/05/2000 16:56 FAX 206 340 6656 SHUKT CHESSMAN & BUK(, SS • LAW OFFICES • SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206)340 -8856 (206)682 -3333 TELECOPIER TRANSMITTAL LETTER Client/Matter Number: 019771/00001 Sender: PLEASE DELIVER THE FOLLOWING PAGES TO: Name: Robert Noe, Esq. Company: City Attorney for City of Tukwila Fax No.: 425 -392 -7071 City: Issaquah From: Scott M. Missall Message: TOTAL NUMBER OF PAGES, INCLUDING THIS PAGE: mtgj UVl /VUL Prt05 Date: July 5, 2000 Time: : Please see attached letter re Stebbins/A to B Auto Original Mailed: Yes PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE IS PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL(S) NAMED ABOVE. ANY DISSEMINATION, DISTRIBUTION OR COPYING, EXCEPTBY THE PERSON ABOVE NAMED, IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL VIA THE U.S. POSTAL SERVICE. THANK YOU. 278071.1/SYK701!/019771.00001 • KENYON DORNAY MARSHALL, PLLC MICHAEL R. KENYON MARGITA A. DORNAY LISA M. MARSHALL ROBERT F. NOE BRUCE L. DISEND Scott Missall, Esq. Short Cressman et al. 999 Third Avenue, Ste. 3000 Seattle, WA 98104 -4043 Re: Dear Scott: THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 July 3, 2000 SANDRA S. MEADOWCROFr SIMON STOCKER ELIZABETH A. ABBOTT AARON J. WOLFF STEVE C. KARIMI GARTH A. AHEARN By regular mail and by facsimile transmission to 206 - 340 -8856 A to B Auto Sales / Stebbins and City of Tukwila Business License This letter follows the voice mail message I left for you on Friday, June 30, 2000. As I indicated, I have had the opportunity to discuss your client's position with the City's Department of Community Development. The Department will agree to permit your client to continue his use of the property for purposes of auto sales, so long as your client phases out the airport park and fly use within the next six (6) months. If your client is not agreeable to this proposal, the Department has directed that I should seek the Hearing Examiner's affirmation that the business license should not issue. Please let me know what your client's response to the Department's offer is at this point. Thank you for your continuing professional courtesies in this matter. Very truly yours, KENYON DORNAY MARSHALL, PLLC cc: DCD F:\ APPS\ MUNI \RFN \LT06835.rfn /rfn /070300//d1 SERVING WASHINGTON CITIES SINCE 1993 • • HP OfficeJet Fax Log Report for Personal Printer /Fax /Copier Kenyonlaw#Firm Jul -03 -00 17.42 PM Identification Result Pages Type Date Time Duration Diagnostic 2063408856 OK 02 Sent Jul -03 12:41P 00:00:40 002582030022 1.3.0 2.x • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 2 (including cover sheet) SENT BY: Bob Noe DATE SENT: July 3, 2000 TO: SCOTT MISSALL, ESQ. FIRM: FAX NUMBER: 206 - 340 -8856 PHONE NUMBER: FROM: Bob Noe REGARDING: A to B license issue COMMENTS: Please see letter faxed herewith. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and retum the original message to us at the address above via the U.S. Postal Service. Thank you. • • HP Office Jet Fax Log Report for Personal Printer /Fax/Copier Kenyonlaw#Firm Jul -03 -00 12:43 PM Identification Result Pages Tvoe Date Time Duration Diagnostic 2064313665 OK 02 Sent Jul-03 12:43P 00:00:40 002582030022 1.3.0 2.3 • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 2 (including cover sheet) SENT BY: Bob Noe DATE SENT: July 3, 2000 TO: FIRM: FAX NUMBER: PHONE NUMBER: CITY OF TUKWILA - DCD 206 - 431 -3665 FROM: Bob Noe REGARDING: A to B Auto Sales / Stebbins COMMENTS: Please see letter faxed herewith. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and retum the original message to us at the address above via the U.S. Postal Service. Thank you. • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 2 (including cover sheet) SENT BY: Bob Noe DATE SENT: July 3, 2000 TO: PA(''F, REBECCA FOX FIRM: CITY OF TUKWILA - DCD FAX NUMBER: 206 - 431 -3665 PHONE NUMBER: FROM: Bob Noe REGARDING: A to B Auto Sales / Stebbins COMMENTS: Please see letter faxed herewith. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and return the original message to us at the address above via the U.S. Postal Service. Thank you. • LAW OFFICES • SHORT CRESSMAN & BURGESS PLLC PAUL R. CRESSMAN, SR., P.S. JOHN O. BURGESS BRIAN L. COMSTOCK JOHN H. STRASBURGER JAMES A. OLIVER DAVID R. KOOPMANS KENNETH L. MYER ROBERT J. SHAW RICHARD A. DU BEY PAUL R. CRESSMAN, JR. ANDREW W. MARON CHRISTOPHER J. SOELLING PAUL J. DAYTON BRYAN P. COLUCCIO ROBERT E. HIBBS CHRISTOPHER R. OSBORN MICHAEL R. GARNER DAVID E. BRESKIN SCOTT A. SMITH STEPHEN P. CONNOR SUSAN THORBROGGER SCOTT M. MISSALL LISA WOLFARD KERRY S. BUCKLIN* ANN T. WILSON SAMUEL S. CHUNG • MEMBER OF PATENT BAR. USPTO VIA TELEFAX Mr. Fred Kaufman Hearing Examiner Renton City Hall 1055 South Grady Way Renton, WA 98055 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206) 340 -8856 (206) 682 -3333 April 28, 2000 RECEIVED BY MAY 0 1 2000 Kenyon Dorna Marshall, PLLC CLAUDIA CRAWFORD JOHN D. SULLIVAN PAUL CHUEY CONNIE SUE MANOS MARTIN GRAEHM C. WALLACE JENNIFER DIKE R. BRENT WALTON N. ELIZABETH MCCAW MICHAEL J. LAYTON DAVID A. HERRMAN ZACHARY A. WRIGHT MICHELLE Y. CLARK DEREK D. CRICK CHRISTOPHER L. OTTELE ALEX J. ROSE KENNETH P. SHORT DOUGLAS R- HARTWICH ROBERT E. HEATON MARK S. NADLER ROBERT A. STEWART PAUL E. BRAIN JOHN E. OSWALD OF COUNSEL JOSEF DIAMOND COUNSEL TO THE FIRM Re: City of Tukwila v. Ray Stebbins (A to B Auto); Request for Continuance of May 2, 2000 Hearing Dear Mr. Kaufman: I met with Ray Stebbins today, April 28th, about the situation regarding his business licenses with the City of Tukwila and the upcoming hearing set for next Tuesday, May 2, 2000. At the conclusion of our meeting, I agreed to represent Mr. Stebbins concerning these matters. I am writing to request that the May 2' hearing be continued to a more convenient date. I am not able to attend the hearing next Tuesday and, in any event, would be unable to adequately prepare for the hearing. The issues described by Mr. Stebbins are legally complex and will require a good deal of factual investigation before I will be in a position to fairly present them to the Examiner. 272471. 1 /5 %8N O 1 ! /014189.00001 • • Mr. Fred Kaufman April 28, 2000 Page 2 Rather than suggest a continuance date now, I would prefer to discuss that directly with your staff next week. I can be reached at my direct line, 206 -515 -2241, and expect to be in the office all day on Monday, May 1, 2000. By copy of this letter I am advising the Tukwila City Clerk, Jane Cantu, and the Tukwila City Attorney, Robert Noe, about this request. Both of them were out of their offices when I called earlier today. Thank you for your consideration. I look forward to talking with your staff. SMM:bgl cc (via telefax): Sincerely, Scott M. Missall Jane Cantu, City Clerk Robert Noe, Esq. Ray Stebbins 272471.I/5%8N011/014189.0000 I J 04/28/2000 15:55 FAA 2U1334U8858 DAUL R. CK SSMAN. SR., P5• pI IN 0. BURt:dSS BRIAN 1- COMSTOCK Jc IN H. STRAS2URGRR JAMBS A. OLIVBK DAVID R. ROOPMANS KINNETH L. *AVER ROBERT I. SHAW luCHARD A. DU MT PAUL D. CRESSMAN. JR. ANDREW w MARON CHRIKT'OPHER J 9 E1 I UND rAUL J. DAnfON lumAN P. Cni.uCC1O RODIRY E. HIBIVC CHRISTOI+ICR a. OSnOKN MICHAEL R. GARNER DAVID d. BRESKIN SCOTT h SMITH STTVNEN P. CONNOR SUSAN T>.ARBROGGwL Sr..10TT M. MLZALL LISA .OLPARD COATS- DUCKW 2 ANN Y. WILSON SAMUEI. S. CNUNG NS.R:R OP 2 TCM' LIAR. 1JMHD SkIU1i1 1.I t:5Sd1AWN & I L'1(b .JS • • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC VIA TELEFAX 999 THIRD AVENUE, SUITE 3000 SEATTLE. WASHINGTON 98104-4088 FAX: (206) 340 -8856 (206)662.3333 April 28, 2000 igi VLIG/ VVJ CLAUDIA CRAWFORD JOAN D. SOLLIv #N PAIL L CHUBS comps,' SUE MANOS NARTIN GIUIWM C. WAIL CE JENNIFER DICE R. 2211 T WALTDN a. ELIZANOM MCCAW MICHAEL J. LATTON DAVID M IIP.RRMAN ZAGIIARY A. WRICHT MICHELLA T. CLARK OBRIR D. CRICK CHR1STOrudu L OTTIII.5 ALO11. 2058 KENNEII V. MOILS n1UCLAB R, HAATWiCH ADDERS IL MERTON MAnd S. NAMES ROBERT A. v18WART Pun. M. BRAIN )OWN 6 O.,'WA1 O or C05DF121 IOSEF DIAMOND 3O1I$50. TO T02 FRDI Mr. Fred Kaufman Hearing Examiner Renton City Hall 1055 South Grady Way Renton, WA 98055 Re: City of Tukwila v. Ray Stebbins (A to B Auto); Request for Continuance of May 2, 2000 Hearing Dear Mr. Kaufman: I met with Ray Stebbins today, April 28th, about the situation regarding his business licenses with the City of Tukwila and the upcoming hearing set for next Tuesday, May 2, 2000. At the conclusion of our meeting, I agreed to represent Mr. Stebbins concerning these matters. I am writing to request that the May 2°d hearing be continued to a more convenient date. I am not able to attend the hearing next Tuesday and, in any event, would be unable to adequately prepare for the hearing. The issues described by Mi. Stebbins are legally complex and will require a good deal of factual investigation before I will be in a position to fairly present them to the Examiner. 272471.1/55M011/014189.00001 U4 /cifI UUU IS:SS IAA ZUI5J4U55SO Mr. Fred Kaufman April 28, 2000 Page 2 SHUKI UMESSMAN & bUH(itSS • • l_/J UUJ /UUJ Rather than suggest a continuance date now, I would prefer to discuss that directly with your staff next week I can be reached at my direct line, 206 - 515 -2241, and expect to be in the office all day 011 Monday, May 1, 2000. By copy of this letter I am advising the Tukwila City Clerk, Jane Cantu, and the Tukwila City Attorney, Robert Noe, about this request. Both of them were out of their offices when I called earlier today. Thank you for your consideration. I look forward to talking with your staff. Sincerely, Scott M. Missall SMM:bgl cc (via telefax): Jane Cantu, City Clerk Robert Noe, Esq. Ray Stebbins 272471.1/5%8N011/014189.00001 U4 /Z5 /ZUUU 10:05 IAA ZUUJ4U5505 SHUKT Lxr;SS1A1 N HUxcir:SS • • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206)340 -8856 (206)682 -3333 TELECOPIER TRANS LETTER Client/Matter Number: 014189 / 00001 Date: Apri128 2000 Sender: PLEASE DELIVER THE FOLLOWING PAGES TO: Name: Mr. Fred Kaufman, Hearing Examiner City of Renton % City Clerk Office (Please deliver to Mr. Kaufman) Name: Ms. Jane E. Cantu, CMC, City Clerk Name: Robert Noe, Esq. From: Scott M. Missall uuliuua Time: 1 :44 P.M. PST Fax No.: 1-425 -430 -6516 Fax No.: 206 -433 -1833 Fax No.: 425- 392 -7071 TOTAL NUMBER OF PAGES, INCLUDING THIS PAGE: .3 Message: Please see attached letter re Tukwila v. Stebbins Original Mailed: YES PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE IS PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL(S) NAMED ABOVE. ANY DISSEMINATION, DISTRIBUTION OR COPYING, EXCEPT BY TEE PERSON ABOVENAMED, IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL VIA THE U.S. POSTAL SERVICE. THANK YOU. DAVID E. BRESKIN KERRY S. BUCKLIN* JOHN O. BURGESS SAMUEL S. CHUNCJ MICHELLE Y. CLARK BRYAN P. COLUCCIO BRIAN L. COMSTOCK STEPHEN P. CONNER CLAUDIA CRAWFORD PAUL R. CRESSMAN, JR. PAUL R. CRESSMAN, SR., P.S. DEREK D. CRICK PAUL J. DAYTON WILLIAM L. DIXON V RICHARD A. DU BEY ()() BRADLEY A. EVANS MICHAEL R. GARNER () DAVID A. HERRMAN ROBERT E. HIBBS ttt KAREN L. KENDRICK ft DAVID R. KOOPMANS MICHAEL J. LATON ANDREW W. MARON*** CONNIE SUE MANOS MARTIN N. ELIZABETH MCCAW ** SCOTT M. MISSALL KENNETH L MYER JAMES A. OLIVER CHRISTOPHER R. OSBORN CHRISTOPHER L. OTTELE ALEX J. ROSE ANN MARIE E SARGENT SCOTT A. SMITH CHRISTOPHER J. SOELLING JOHN H. STRASBURGER tt JOHN D. SULLIVAN • LAW OFFICES • SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206) 340 -8856 (206) 682 -3333 Robert Noe Kenyon Dornay Marshall, PLLC 11 Front Street South Issaquah, WA 98027 -3820 August 17, 2000 RECEIVE ;'= Y AUG 1 A 2000 Kenyon Dornay Marshall, PLLC Re: Ray Stebbins, d/b /a A to B Auto v. City of Tukwila Dear Bob: SUSAN THORBROGGER BRADLEY P. THORESON GRAEHM C. WALLACE R. BRENT WALTON ANN T. WILSON LISA WOLFARD ZACHARY A. WRIGHT JOSEF E. DIAMOND COUNSEL TO THE FIRM PAUL E. BRIAN CHARLES R. GOSSAGE* DOUGLAS R. HARTWICH ROBERT E. HEATON JOHN J. HOULIHAN, JR.$ MARK S. NADLER KENNETH P. SHORT ROBERT A. STEWART OF COUNSEL i MEMBER OP PATENT BAR, USPTO t ADMITTED IN CALIFORNIA, ILLINOIS ONLY • ALSO ADMITTED IN CALIFORNIA *# ALSO ADMITTED IN GEORGIA •k• ALSO ADMITTED IN 5. CAROLINA tt ALSO ADMITTED IN TEXAS ttt ALSO ADMITTED IN MONTANA ()ALSO ADMITTED IN HAWAII 00*LSO ADMITTED IN MAINE ROBERT J. SHAW (1942.2000) Thank you for your efforts preceding this week's hearing to settle this case. It is unfortunate that we were unable to do so. While I am away (and pending the Hearing Examiner's decision), Mr. Stebbins has determined that he would like to submit a conditional use application for the operation of his park and ride business. This application would be made under the provisions of Chapter 18.22, Tukwila Municipal Code. I understand that the City has specific application forms which must be prepared. Please forward a copy of those forms (and any instructions) to my office so that I can begin preparation of that application. I would also appreciate receiving a copy of the City's moratorium ordinance which you showed to me on August 15, 2000. 289982.1/67R2011/019771.00001 • • Robert Noe August 17, 2000 Page 2 Please contact my assistant, Elaine Schnee, during my absence if you have any questions. She will be able to help you. Sincerely, Scott M. Missall SMM:es cc: Ray Stebbins 289982.1/67R201!/019771.00001 • • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC DAVID E. BRESKIN KERRY S. BUCKLIN* JOHN O. BURGESS PAUL CHUEY SAMUEL S. CHUNG MICHELLE Y. CLARK BRYAN P. COLUCCIO BRIAN L. COMSTOCK STEPHEN P. CONNOR CLAUDIA CRAWFORD PAUL R. CRESSMAN, JR. PAUL R. CRESSMAN, SR., P.S. DEREK D. CRICK PAUL J. DAYTON WILLIAM L. DIXON V RICHARD A. DU BEY 00 BRADLEY A. EVENS MICHAEL R. GARNER 0 DAVID A. HERRMAN ROBERT E. HIBBS ttt KAREN L. KENDRICK 'ft DAVID R. KOOPMANS MICHAEL J. LAYTON ANDREW W. MARON CONNIE SUE MANOS MARTIN N. ELIZABETH MCCAW ** SCOTT M. MISSALL KENNETH L. MYER JAMES A. OLIVER CHRISTOPHER R. OSBORN CHRISTOPHER L. OTTELE ALEX J. ROSE ANN MARIE E. SARGENT ROBERT J. SHAW SCOTT A. SMITH CHRISTOPHER J. SOELLING Robert Noe City Attorney for Tukwila 11 Front Street Issaquah, WA 98027 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206) 340 -8856 (206) 682 -3333 Re: Tukwila v. Stebbins Dear Bob: July 27, 2000 JOHN H. STRASBURGER JOHN D. SULLIVAN SUSAN THORBROGGER BRADLEY P. THORESON GRAEHM C. WALLACE R. BRENT WALTON ANN T. WILSON LISA WOLFARD ZACHARY A. WRIGHT JOSEF DIAMOND COUNSEL TO THE FIRM PAUL E. BRAIN CHARLES R. GOSSAGE DOUGLAS R. HARTWICH ROBERT E. HEATON JOHN J. HOULIHAN, JR.$ MARK S. NADLER KENNETH P. SHORT ROBERT A. STEWART OF COUNSEL *MEMBER OP PATENT BAR, VSPTO $ ADMITTED IN CALIFORNIA, ILLINOIS ONLY • ALSO ADMITTED IN CALIFORNIA •3 ALSO ADMITTED IN GEORGIA • ** ALSO ADMITTED IN S. CAROLINA tt ALSO ADMITTED IN TEXAS tft ALSO ADMITTED IN MONTANA O ALSO ADMITTED IN HAWAII 00 ALSO ADMITTED IN MAINE RECEIVED BY JUL 2 8 2000 Kenyon Dornay Marshall, PLLC As I was looking through my notes I remembered that you had agreed to contact the City of Tukwila and determine why documents related to Mr. Stebbins' business were not part of the City's record production on May 23, 2000. Those documents specifically comprised records relating to the sign approved from Mr. Stebbins' business and the tax receipts for payments by Mr. Stebbins to the City for his various business licenses. I would appreciate receiving copies of those documents, as well as any other documents in the City's possession relating to Mr. Stebbins' business, at least five (5) days prior to the hearing we have scheduled for this case. 286659.1/656R011/019771.00001 • • Robert Noe July 27, 2000 Page 2 Thank you for your assistance in this matter. If you have any questions, or if I can help narrow the scope of the request, please let me know. Sincerely, Scott M. Missall SMM:jdk cc: Ray Stebbins 286659.1/656R011/019771.00001 ABCs Legal Messer rs, Inc. (1 , stinger 4rvice RegYues# SEATTLE Tacoma ; ti :.. •Everette• • x0y Pia, Bellevue. • : ', , . • . 910 -5th Ave. • ...943 TacomaAve S ` 2927'R, , efelle 119W. Legion Way . •'126 -107th N,c.•' •. . Seattle .WA.98.104 .: _ Tacom a WA 98402 ' • • .. ' Everett• WA 9841 Olympia,, WA 98501 . •Bellevue, WA,98004 , . 206- 623-8771 . -... 253- 383 -1791 425 -250 -4591 •360- 754.6595 .:.'Bellevue, 1- 800 - 736 -7295 1- 800 - 736=7250. 1-8QQ- 869.7785 1-800= 828-0199 f . . . . • • • • • Internet .Address., :ik :abctegal corn ::. Last Day Date 1 Time Firm Name Kenyon Domay Marshall, PLLC Phone 425 - 392 -7090 Ext 114 Attorney rfn 05/25/00 400pm Address 11 Front Street South, Issaquah Secretary cav Case Name Ray Stebbins DBA A to B Auto appeal of license denial ABC Client # 65370 Cause Number Client Matter Number Date May 23, 2000 3:23 PM Documents OSignature Required On Documen " Return Conformed ABC Only DRetum Conformed Copy DConform •Original Do Not File Other Instructions Scott Missal!, sq. Short Cres an & Burgess, PLLC N._ C0 c � 999 Third Ave., Suite 3000 ` Seattle, WA 98104 -4088 " RECEIVES ' uLK 2\b5 / ,,_,' �'' MAY 2 5 2000 0 ShOH'i CiiEJSMAN & IuUNGESS. PLLC .. Filing County • Superior Court District Court (Indicate District) Auditor Appeals I-Sea Ct il-Tac FederafCourt Civil - Bnkrpt Sea . Tac ;State. • Supreme Sec State -THIS FORM NOT FOR PROCFSS • PROPER USE OF MESSENGER SLIPS: preparation and final checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double-checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON IT'S RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. • • LAW OFFICES SHORT CRESSMAN & BURGESS PLLC DAVID a. DItPBKIN 999 THIRD AVENUE, SUITE 3000 JOHN H. ETUA.lEUROEU JoxN D. $ULLIVAN jOHN B. RUCELIN 0000 • SEATTLE, WASHINGTON 98104 -4088 JOHN O. UURGESS SUSAN TTIORBROCrun BRADLEY P. THLNLESON SAMUELX C FAX: (206) 340 -8856 UI4aMM C. WALLACE micHEL X. CHINO R. BRENT WALTON MAFIRE x CLARK (206) 682 -3333 ANN T. WIIJION BRIAN L. ONsTOC u0A NOLFARD BRIAN N C. Cor+nCN BART A. w0.ICHT STEPHEN Y. CONNOR CLAUDIA CRAW FORD PAUL R. CREWMAN. JR. PAUL R. C June 12, 2000 RUSEP DIAMOND RES. -►IA N, 9R., M.l. COUNSnI, TO THE PIRm DEREK 17. CAICK wan. 1. DAYTON PAUL E. BRAIN wILLU1• L DIXON v RICHARD A. MI BEY 00 CI CARL40 R. COB£AOE' DOUGLAS R. IIARriLCM BRADLEY A. BwRNS MICHAEL 11.. GARNER 0 Rn04RT E. HEATON Tit JOHN J. HOuuNAN. 0.* RABID A.. 41580 N NARK( S. NADLER ROBERT FAME L. KENDRICK fl YENNETH R SltOlt1• DAVID R. nGOPMAN9 ROBERT A. BTEWART NICNAEL J. lAYTON Os COUNSEL ANDREW w. N..RON CONNIE BUS MANOS MARTIN *$BLarn on TATLMT SAP, us0ro N. TT M. m1$ MCCnw•• .OMRTGD IN e.tlTOnnlA. R•OTT M. MSSALL ILLIPIOIA ONLY KENNETH L MYEP. - •1710 ■DMRTLD RN C.LUP011141. IAl•PJI A. OLD/DR ...LSO ADMWIO1I M CC00Dln CHRIS TOPNER R. OSPORN •.. ALOU ADNnT0D 1N CMRJBTOPHJDt L OTCELE 4 C aWUN. ALER I. ROSE ft .LC ■00.11711 M TQALS ANN MARIO 0. CAROEN7 t iT Aw ADMITTED M ROBRIOT 1. SHAW MONTANA SCOTT A. 9M1TM 0 1.1.0 ADMnTeu IN R•a.R CHIN•TOPHER I. SOyuJNC 00.1.00 AUMITTgn IN MAINE VIA FACSIMILE (206) 433 -1833 and (425) 392 -7071 Robert Noe City Attorney for Tukwila 11 Front Street Issaquah, WA 98027 c/o City of Tukwila Tukwila WA 98188 Re: City of Tukwila v. A to B Auto; Reconsideration of Violation Notice and Alternatives for Resolution Dear Bob: Thank you for meeting with me on June 7th to discuss the A to B Auto case. I believe we made some significant progress on a method to resolve this case without the need for a hearing. 279270.1/5Z11501!/019771.00001 Robert Noe June 12, 2000 Page 2 As we discussed, A to B Auto comprises three business components: automobile sales, automobile rental, and a park and ride lot for the airport. The City is disputing the right of Mr. Stebbins, the owner of A to B Auto, to continue operating the car rental and park and ride components of his business. In accordance with our discussion, I have set forth below some of the background facts that entitle Mr. Stebbins to continue operating those business activities. That discussion is followed by a review of the City's Neighborhood Commercial Center zoning regulations, which I believe fully authorizes the current A to B Auto activities. I understand that you will review this material with City representatives on Monday and then contact me with further comments. In regard to my previous public disclosure act request, you agreed to look into the City's acceptance of Mr. Stebbins' parking tax payments (which, I believe, have been made regularly since 1997) and also to locate and provide the City's paperwork approving Mr. Stebbins' business sign. 1. Principal Background Facts Our investigation to date reveals that the City was aware of and had approved, since 1997, the current business operations of A to B Auto at its present location (14621 Tukwila International Blvd,). The principal facts supporting this conclusion include the following: O A 1997 application for a City business license identified the three A to B Auto Sales business activities as "sales, rental, parking." That application was dated October 16, 1996 and was approved by the City. A copy is attached to this letter. O The City issued a parking license to A to B Auto for the park and ride lot at least as early as December 11, 1998. A copy is attached to this letter. O The City has regularly collected taxes from Mr. Stebbins on the A to B Auto park and ride business. A copy of the latest monthly parking tax submitted by Mr. Stebbins (in the amount of $542.30) is attached to this letter. The City recently approved a sign for A to B Auto which clearly identified the A to B Auto business activities of automobile sales, automobile rental, and a park and ride lot for the airport. 279270.16E-18011/019771.00001 Robert Noe June 12, 2000 Page 3 Mr. Stebbins has been acting pursuant to what he thought was full and complete approval by the City as manifested by the various approvals granted by the City and his payment of parking taxes, license fees and other regulatory fees. Thus, he was very surprised to begin receiving the notices of violation from the City. 2. Tukwila Code Provisions A to B Auto is located in the City's Neighborhood Commercial Center ( "NCC ") zone district, adjacent to the Tukwila International Blvd. and the Regional Commercial ( "RC ") zone district. Tukwila Municipal Code ( "TMC ") Chapter 18.22 describes the NCC district and indicates that Mr. Stebbins' disputed business activities are either permitted uses, accessory uses, or conditional uses for that zone district. Each of the two disputed business activities are considered below, Automobile Rental Use First and foremost, of course, there is the similarity of automobile rental with the principal use of the site for automobile sales. Indeed, there is little if any difference between the two activities -- both require a sales office, parking areas for cars, automobile inventory, a shop for repair or maintenance of the vehicles, and customer visits. The City should have no problem allowing one if it allows the other. Second, the NCC regulations allow as permitted uses a number of activities that are similar to automobile rental. TMC 18.22.020. These include automotive services (item 2), repair and rental shops (item 15), offices for business, travel, real estate, and wholesale and retail commercial uses (items 22 and 34), retail sales of automobile parts and accessories (item 28), and bus stations (item 6). All of these are similar to automobile rental activities in that they each involve a substantial amount of vehicular traffic which comes and goes throughout the day, parking areas, maintenance shops, etc. Third, TMC 18.22.020 (35) authorizes the director to allow "other uses not specifically listed in this title" if they are similar in nature to other uses in the district, consistent with the purposes of the district, and consistent with the policies of the comprehensive plan. As noted above, automobile rental is necessarily similar to automobile sales, not to mention many of the other permitted uses allowed in the NCC zone. It is certainly consistent with the stated purpose of the district (TMC 18.22.010) which allows for "a diverse mix of uses ... generally along a transportation corridor." A quick review of 279270.1/5Z11501!/019771.00001 Robert Noe June 12, 2000 Page 4 • • the Tukwila comprehensive plan did not reveal any policies which were inconsistent with allowing such use in the NCC zone. Park and Ride Use This component of the A to B Auto business is the easiest to recognize as a legitimate use. First, TMC 18.22.030 (5) specifically authorizes parking areas as an accessory use to a permitted use. Given that automobile sales and rental are permitted uses, an attendant parking area for vehicles is clearly permitted. Second, and perhaps more importantly, TMC 18.22.040 (6) specifically identifies "park and ride lots" as a conditional use in the NCC zone. This may explain why the City authorized the use in 1997, issued a parking lot permit, and collected parking taxes, even though it may not have issued the requisite conditional use permit. Third, TMC 18.22.050 authorizes unclassified uses within the NCC zone. Of the seven listed unclassified uses, the closest to the park and ride lot is item 7, "mass transit facilities." The use of the A to B Auto site as a park and ride lot is not substantially different from the use of th site as a mass transit facility. Also, the director is once again authorized to permit other uses not specifically listed if they meet the criteria previously discussed. 3, Dispute Resolution Based on the background facts of this case and the City's code provisions, there is little doubt that A to B Auto is a completely conforming business in all respects. The worst that appears to be possible is that it may not have been properly permitted by the City when the business was initially commenced and approved. To rectify that potential procedural problem, we propose that the City undertake the following two actions: 0 Issuance of a conditional use permit under TMC 18.22,040 (6) for the park and ride lot component of the business. That would fully satisfy the requirements of the Code as to that specific use and resolve any questions about the City's prior approval of that use. 279270.1/5ZHS01!/019771.00001 • • Robert Noe June 12, 2000 Page 5 Q Issuance of a director's decision under the authority of TMC 18.22.020 and/or 18.22.050 acknowledging that the automobile rental business is substantially and materially the same as the automobile sales use. That would fully satisfy the requirements of the Code as to that specific use and resolve any questions about the City's prior approval of that use. By taking these relatively simple steps, the City can ensure that its zoning code is properly applied to A to B Auto. The City would also avoid the need to deal with A to B Auto as a "grandfathered" nonconforming business. Finally, it would avoid any potential litigation by A to B Auto to recover damages based on reliance on the City's actions. I understand that you will explore these options with City staff and let me know how the City would like to proceed. If the above steps are acceptable, I am sure we can obtain a continuance of the hearing to allow sufficient time to complete the required procedural actions. Needless to say, this solution would avoid the need for any hearing at all, would legitimize a City - authorized and existing business in an appropriate location, and would avoid putting Mr. Stebbins out of business. For those reasons, this result would not only be in the City's interest and in Mr. Stebbins' interest, but in the public interest as well. I look forward to talking with you after consulting with your client. SMM :rlc Enclosures cc: Ray Stebbins (w/ encl.) 279270.1/521-1$011/019771.00001 Sincerely, eT\1\"4.44-1-ac•—,. Scott M. Missall 6200 Southcenter Boulevard Tukwila; Washington 98188 -2599 (206) 433 -1800 This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3121 App''. ation for 1997 City siness License ..:;: FILL OUT THIS FORM i • ITS ENTIRETY • INCOMPLETE APPLICATIONS W1LL NOT BE ACCEPTED Business License: 0 RENEWAL. 0 NEW Business Name /1 Local Street �% S • Address /416.-/ ?, -C. � '`'Y (Be sure to Include zip code+ digit extension) 7vki,u 1 4(4 w Local PO box & tip, if applicable '8c4g t3 Business Phone: e 4. Local manager (include name and home phone)' Ust owners, partners or officers: Title 7i7 8 /9t'. r o 6/ G-5 Y /Ay is your business: QtuAlc7? Application Date: Corporate Address: 3 /17 Corporate Phone: Indicate ownership status: Residence Address /o`/q ,zf's' Door -to -door solicitation? `ti b Telephone solicitation? STEC Contractor based outside City? &No If "Yes', show fobsite address in space below Operated from your Tukwila residence? 0 Yes 0 Yes 0 Yes o 0 Yes If "Yes ", read information on reverse side and sign Option of business (give details; also, list types of products sold or stored): Will retail sales be conducted? AYes 0 No —Total employees at Tukwila location, includ. management / Full-time: f Part-time: Wholesale: Do you use/store/dIscharge flammable, hazardous, or biohar_ardous 0 Yes If "Yes ", state type and quantity: Individual Partnership Corporation 0 Non -profit City /State/Zip Phone ��� S lc, We- 241-.37s5. Any gambling and/or gambling devices on premises? -No 0 Yes Any amusement devices on premises? '– o 0 Yes No. of devices: Size of floor space used: /2r;) sq. ft Number of employees in each type of employment: Are you PRESENTLY doing any: construction or remodeling? installation of commercial storage racks? change of slgnage? Show 1996 City of Tukwila Business Ucense # Renewal op Original opening date of business In Tukwila: Office: Retai Manufacturing: Warehousing: materials? In case of emergency, notify: Phone 2.J'irei#zi.7-- $ etit5 1q/ -3155 Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. If busing ess name has changed in past year. 1151 former name: X. 3/97 Other. 0 No 0 Yes 0 No 0 Yes 1,21/No New business If Yes • Is your business use different than the previous use of this building/space? 0 Yes ReNo llyou are a new buildin owner or - tannin: to sell a bulletin No. of CTR "affected employees" at the site for which this business license application is flied: (Read CTR information at reverse side) lease note fire alarm installation provisions on reverse side Building: 9uilding/sign permit attached Date issued: Receipt No.: o yl Planning: Zoning designation: Fire: LICENSE FEE (based on = 0 to 5 $50.00 number of employees) = 6 to 100 $100.00 CHECK ONE r = 101 and above 5200.00 WA State Sales Tax No. or UB1 number (9 digits): I certify the information contained herein is correct ! understand that any untrue statement Is cause for revs revocation of my license. r /f" 0/37676y Signature: 1995 License No.: 1,1i1/9 171...,es ,af..rn - nrnoleted anolicariot, with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Offic Print Name: 75 / C� 111s Title /Office: Owttl el`' *CITY OF TUKWILAO PARKING LICENSE This is to certify the company shown below has been licensed to engage in the business activity listed above. Subject to provisions of City ordinances. For information, call (206) 433 -1848. This license is non- transferable. Date issued: December 11, 1998 Registration #: no3 Business Name: A to B Auto Location: 14621 Pacific Highway S Tukwila, WA 98188 Mailing Address: Same CITY OF TUKWILA Finance Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1848 ••=•••■■.r •va RKING TAX RETURN PARKING TAX A to B Auto M621 Pacifc Hwy S Tukwila, WA 98188 DATE DUE MONTH END March 31 2000 REGISTRATION # . 98-003 Gross Parking Receipts (less all taxes) 1 v 1 LI (P - 1 Tax.Rate - 5% .05 Total Tax Due (5`i. 3 o 1 hereby certify that the statements and information provided on this tax return are true and complete to the best of my knowledge. DATED this ("2 /P Signature Printed Nartie A TO 0 AUTO 206.242.3998 14621 TUKWILA INTL BLVD. TuKw1LA. w 96166 Pay to the Order of day of C) . ?CcA Title 9 1940/1250 Date ' G.r :•I $ SVZ. 36 J ,i/_ r . G/ .._4— ....6L A- U. S. SANK OF WASHINGTON �A UOANR 24NP PHONE BANKING 1. •E00 US BANKS for .-Ki C ' , �-�` '� .1 } • •:�+ —���' .., ;.. . . v-t -.1 10' jUU IDate Received: Dollars 8• a2. March 22, 2000 • City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor Mr. Ray Stebbins, President A to B Auto 14621 Tukwila International Blvd. Tukwila, WA 98169 -4326 VIA CERTIFIED MAIL 7099 3220 0000 7686 7602 RETURN RECEIPT REQUESTED RE: HEARING DATE ON NOTICE OF DENIAL — 2000 TUKWILA BUSINESS LICENSE Dear Mr. Stebbins: Your letter appealing the denial of a 2000 Tukwila Business License was received by the City on March 9, 2000. The Hearing Examiner will consider your appeal on Tuesday, May 2, 2000 at 1:30 p.m. The hearing will take place at the City of Renton, City Council chambers, 1055 S. Grady Way, Renton, WA 98055. Council chambers is on the seventh floor. You are entitled to appear in person, and to be represented by counsel, and to offer such evidence as may be pertinent and material to the Notice of Denial. If you are unable to be present at the hearing, please notify the Office of the Hearing Examiner at (425) 430 -6515. If you have questions regarding the appeal procedures, you may contact me at (206) 433 -1800. S: cerely, ane E. Cantu, CMC City Clerk C: S.Lancaster, DCD Director; R. Fox, Associate Planner, DCD iRfIN.oe i y 7Aft'omey i J. Jones, Code Enforcement F. Kaufman, Hearing Examiner Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 • dte,ek ei4 - kwt /' - • -g.oc� RECEIVED MAR 0 9 2000 Cll Y Ur uKvVILA CIT CLERK 49 ,11 ,8 �J &T' WCc /J f,h!e opfe.7 ' *e Glehia / of bUcsrness f teener would t I! k e a add-+e 4-o be se.:4- ->-c) h ee ,v, 4-h€ c pea l u-)1441 14i e h e0. - net o g- t ce.r-, /614 c -hme J.. Lo if have beer repres4 ��> -g r rS 177ct tc y I an _ & . c lord ' ci bad -Feel 4444 k€ devtaJ (,oe. (ook -QC.) w0.∎ reSDl vtn I+ t --exr- ---- pe-esraen+ A TO B AUTO SALES RENTAL PARKING 14621 PAC. HWY. S. TUKWILA, WA 98188 206 - 242-3996 February 25, 2000 FILE COPY City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M Mullet, Mayor Mr. Ray Stebbins, President AtoBAuto 14621 Tukwila International Blvd. Tukwila, WA 98169 -4326 VIA CERTIFIED MAIL Z 578 977 293 RE: NOTICE OF DENIAL — 2000 TUKWILA BUSINESS LICENSE Dear Mr. Stebbins: This letter will serve as Notice of Denial that your application for a 2000 Tukwila business license has been denied under Tukwila Municipal Code 5.04.110 Denial — Revocation; A.2. - The building, structure, -- equipment, operation or location of the business for which the license was issued-does not-complywith -- - the requirements or standards of the Tukwila Municipal Code. Information you provided on the license application form indicates your operation has expanded to include auto sales, rentals and parking. Your business operation is located in the NCC (Neighborhood Commercial Center) zone. Auto sales are permitted in this zone; however, auto rentals and parking are not. Consequently, we are unable to approve your application. You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial_ Failure to appeal within this time period shaft constitute a waiver of all rights to any additional administrative hearing or determination on_thematter (Tukwila Municip al Code 5.04.110(B)... Sincerely, e. e E. Cantu, CMC .._ :.. _ City Clerk C: S.Lancaster,.DCD Director; -_ . R. Fox, Associate Planner, DCD -R. Noe, City Attorney; J. Jones, Code Enforcement � �,{��� _ -. �' Jane Cantu - A to B Auto Page 1 From: Rhonda Berry To: Jason Jones Date: 2/16/00 2:32PM Subject: A to B Auto talked to John M. about this, and he has not had a chance to talk to Mr. O'Brien. John would like for us to contact Mr. Stebbins, let him know that the park and fly is not allowed at his present location, that his business license application cannot be processed until this is resolved, and that he cannot legally operate anthe automobile sales business without a license. Let me know if you need additional info. RB CC: Jane Cantu Jane Cantu - Re: A to B Auto • Page 1 From: Jason Jones To: Jane Cantu Date: 2/10/00 8:01AM Subject: Re: A to B Auto Jane, We do have some violations pending in our files. The last action taken was a 30 -Day extension granted to Mr. Ray Stebbins by John. To date, I am not sure what we are doing about this, since the general consensus is that this is clearly a volation. I would not renew their business license given the fact that they are in violation of the zoning code. Jason »> Jane Cantu 02/09/00 11:47AM »> Jason, Please let me know if you have anything pending in your file regarding A to B Auto. They have submitted their 2000 businss license renewal application, and noted a change in use to include auto rentals and parking (which are not allowed in the NCC zone). • Thanks for your help. Jane Jane Cantu - Re: A to B Auto Sales Page 1 From: Jason Jones To: Rebecca Fox Date: 1/20/00 2:15PM Subject: Re: A to B Auto Sales Hey Rebecca: I think we should deny this one. It may get over - ridden, but if you're asking me now, I'd say deny it. This location has continued to be a park -n -fly, despite the fact that he was informed of this. He was also given a 30 -day extension by John M. in December. That extension is almost up. He must cease and desist the illegal use in that zone before he can get a business license. Jason »> Rebecca Fox 01/20/00 11:18AM »> I have the 2000 business license application for A to B Auto Sales. They propose to do "auto sales, rentals and parking," although they have been told that the "rentals and parking" is not permitted in the NCC zone where they are located. There activities were permitted at their former location in the RC zone. What is the status of the complaint against them? What shall I do here? Please advise. Jane Cantu - A to B Auto Sales • From: Rebecca Fox To: Jamie Gustine; Jane Cantu; Jason Jones Date: 1/20/00 11:18AM Subject: A to B Auto Sales have the 2000 business license application for A to B Auto Sales. i They propose to do "auto sales, rentals and parking," although they have been told that the "rentals and parking" is not permitted in the NCC zone where they are located. There activities were permitted at their former location in the RC zone. What is the status of the complaint against them? What shall I do here? Please advise. Page 1 • :. •:.: :::. .::: r,....:::..:...,.:::::::::.,.:::: m: k::::::.,,.: �} wfi.:.:::::,:<;.::.::}:.»>:... ......:.:.:.::.:..:.�:•:....... CI R FOR " OF TUKWILA QUEST ACTION. WHAT CORRECTIVE MEASURES WERE TAKEN OR ASStBTANCE GIVEN? OF NONE, EXPLAIN.) F O R V/ A R[- T () : PUBLIC ::: kIn p . PARKSIRECpEAT10N PUBLIC IItN. . F IRE . ■ DEPT. OF COMMUNITY DEVELOPMENT ■ POD .OTHER: ...,:.;..::.: �:.:. v..•.::....x:�:" ....;:.:. >}.:�:`,.� N File Number: DATE: iI f i s I R 1 IN PERSON REPOFMNO SUGGESTION/HAZARD: ?G be-C1 X •RESIDENT 0 TUKWILA • • VISITOR DC EYDOCY ADORES: NUMBER: i 3I- 31, $ 3 REQUEST CONTACT? 5 YES NO NATURE OF REPORT: OBAFLETY O NUISANCE O SAFETY OTHER: V Y1 (n, V ( ° I .' fi Ji'■ LOCATKIDESCRIBE N: A 1-7) B Ai) iv 1 2 Pa WI-, I'+ W i S• DESCRIBE HAZARD/ WHicL, c's Iptfr i4I�) 1%+ AL Iv Zbrie• fo B g now Aka o Pew', a4pAr1C 4 �y " to (i.e. afr,or' ,,•rrIA , Th1i Use IS rot- - 11(, ed IA t4-e_ Ncc Za•Ie IS KO r ( , ,- i ,.......e a Aso 1. G,,-11 an REQUEST FOR ACTION DEPARTMENT: TAKEN BY: • :. •:.: :::. .::: r,....:::..:...,.:::::::::.,.:::: m: k::::::.,,.: �} wfi.:.:::::,:<;.::.::}:.»>:... ......:.:.:.::.:..:.�:•:....... �lgg .,;gnl.:<• }:: } } }:': : ;.;..: �}::.....: ...........:.::::.:::.::, ....:...M:}:..•::*,:::.: }.�::.I DATE RECEIVED: WHAT CORRECTIVE MEASURES WERE TAKEN OR ASStBTANCE GIVEN? OF NONE, EXPLAIN.) BY: DATE: DATE RECEIVED: COMMENTS: BY: 'v}S}}Y:W'n'Y.i" Wi6.• w.:•••: y•:•:• x{ 4i :'.:.:•}J••• :•x•}}x2N''Y•' -'Li: n.:• �wy)(:X ••••4y.Y'.XSwttu +i::.: �k aid6• �ui0005ti:: i� :i:::.::;::k::}�:.;..}..}..,r;: x: •.:array• FaRM.o3o3�77G11T11VG: VlllTite Yo "XIsyor a oK! o: ye low and 'p k to reaponciing parlinenL 08/13/90 PLEADINGS INDEX . BEFORE THE HEARING EXAMINER, CITY OF TUKWILA File No.: Stebbins File Name: Appeal of Business License Denial DATE r = received f = filed d = dated n = no date s = served e = order entered NO. NAME OF DOCUMENT DATE 1. Appellant Ray Stebbins' Prehearing Memorandum r 08/15/00 2. Staff Report to the Hearing Examiner, City of Tukwila d 08/15/00 3. City's Closing Argument d 09/21/00 4. Appellant Ray Stebbins' Reply to City's Closing Argument r 10/02/00 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • RECEIVED BY u i 2 2000 BEFORE THE HEARING E INER FOR KenyorTgYngigisfitili ,TUEWI A RAY STEBBINS, d.b.a. A TO B AUTO, Appellant, v. CITY OF TUKWILA, Res s ondent. APPELLANT RAY STEBBINS' REPLY TO CITY'S CLOSING ARGUMENT I. COMMENTS ON THE FACTS The additional "facts" offered in the City's closing argument (pages 1 -4) are, for the most part, not determinative of the issues. For example, with regard to Mr. Stebbins 1998 and 1999 business licenses, he testified quite clearly that the typed portions of those forms (notably, the portion that identified his business as "automobile sales ") were filled in by the City and mailed to him. Thus, the inference in the City's closing brief (page 2 at lines 17 -20) is incorrect. Mr. Stebbins never tried to mask or otherwise hide the nature of his business from the City of Tukwila. To the contrary, he relied on express assurances by the City's staff as to how he should complete his business license applications. As another example, the City relies on testimony that only the City Clerk's office is authorized to issue official "business licenses" for the City. Whether or not this is true, Mr. Stebbins had no reason to know that the Finance Department could not issue him a license for his parking activities. And of course, the document issued by the Finance Department says precisely and unambiguously that it is a "Parking License ". APPELLANTS REPLY TO CITY'S CLOSING ARGUMENT - 1 295808. 1 /6C8 W01 !/019771.00001 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 (206) 682-3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • II. ESTOPPEL DOES APPLY Under the elements of estoppel, the only actions which matter are the actions of the City and the reasonable reliance of Mr. Stebbins. Mr. Stebbins was told by the City staff that he should complete his application by listing only "automobile sales." He did so, and thereafter the City repeated that definition when it sent him its subsequent business licenses. The City's collection of B &O taxes, parking taxes, and its knowing, ongoing (even if partially tacit) authorization of Mr. Stebbins business activities are the critical facts that weigh in favor of granting Mr. Stebbins' appeal. The facts presented at hearing and outlined in Mr. Stebbins' closing argument clearly demonstrate an overall indicia of lawfulness to his business activities, Mr. Stebbins' reliance on the City's statements in that regard, and the City's ongoing acquiesce to those activities. Those facts are sufficient for the Hearing Examiner to find that the City is estopped from denying Mr. Stebbins' 2000 business license for the same business activities the City has permitted for the preceding three years. The City admits this for the most part, but then argues that such actions cannot bind the City under the Dykstra case. However, it is the City that "completely misses the fact" that it specifically advised Mr. Stebbins of how to fill out his business license application in 1997, that it did so with full knowledge of Mr. Stebbins' three business activities, and that it thereafter repeated it's own definitions when it mailed subsequent license applications to Mr. Stebbins. Based on those assurances, Mr. Stebbins invested heavily in advertising for all three components of his business, but particularly the park and ride aspect. In that regard, Mr. Stebbins testified that advertising for his park and ride lot was his primary advertising cost because of the need to advertise that component regionally. Because of the fact that his ads are arranged as long as a year in advance, he has a long term commitment that he cannot easily (or inexpensively) abandon. APPELLANTS REPLY TO CITY'S CLOSING ARGUMENT - 2 295808. 1 /6C8 W01 !/019771.00001 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 981044088 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • O Under the facts of this case, the rules stated by McQuillan and outlined in Mr. Stebbins' closing brief are fully applicable to this case. They also stand unchallenged by the City in any direct fashion. The Hearing Examiner should recognize those facts, and thus rule that Dykstra does not apply here. III. INCONSISTENT CITY POSITION The City argues (page 4, line 11) that "the City is willing to permit continued auto sales at the location because it has permitted the same through its business licensing process for the last three years." Mr. Stebbins is appreciative of that fact, and accepts the City's offer. Beyond that, however, the City not only allowed the auto sales at that location, but it allowed the auto rental and the park and ride components of Mr. Stebbins' business. If the City is going to take the position that one component of his business is legitimate under the specific facts of this case, it must also allow the other components of his business for the very same reasons. To do one without the other is an arbitrary distinction which is not justified by the facts. IV. COMMENTS ON THE CITY CODE The City argues that the label of "park and ride" is somehow distinguishable from the label of "park and fly." This is the classic "distinction without a difference ". Both activities are identical -- people in both instances drive their cars to a central location, park them, and utilize mass transit to go to another location. The City's code clearly says (and allows) "park and ride" lots, and does not define that term. The City's imputed distinction between a "park and ride" lot and a "park and fly" lot is imaginary and does not follow common rules of statutory construction. See, e.g., Hunter v. University of Washington, Wn. App. , 2 P.3d 1022 (2000) ( "If a term is not statutorily defined, the term is given its ordinary or common law meaning. State v. Alvarez, 128 Wash.2d 1, 11, 904 P.2d 754 (1995). In determining the ordinary meaning of a term, a court may use a dictionary. See Zachman v. Whirlpool Fin. Corp., 123 Wash.2d 667, 671, APPELLANTS REPLY TO CITY'S CLOSING ARGUMENT - 3 295808.1/6C8W01!/019771.00001 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 869 P.2d 1078 (1994); City of Bellevue v. Lorang, 92 Wash.App. 186, 193, 963 P.2d 198 (1998), reversed on other grounds, 140 Wash.2d 19, 992 P.2d 496 (2000) "). Webster's New Twentieth Century Dictionary of the English Language (1951) at 1219 defines "park" as: 1. To keep (an automobile, or any vehicle) standing on a public way, as on a street, usually temporarily; or, to leave in an open space especially designated for this purpose, as a parking lot or parking space. Webster's New Twentieth Century Dictionary of the English Language (1951) at 1464 defines "ride" as (emphasis added): 1. To be carried, as upon any animal or in any vehicle: to be supported and conveyed by any means of locomotion, especially, to be carried on horseback; as, to ride in an elevator, in an automobile, upon a ship, or in the air. Id at 1464. The City's purported distinction should be disregarded by the Hearing Examiner. To address the substance of that issue, however, parking cars is clearly incidental and subordinate to the principle use of the property for automobile sales. Thus, even if the Examiner accepts the City's argument that automobile rental and the park and ride lot are not outright permitted activities by the City, they qualify as accessory uses under the language used by the City Code. The City relies on Choy v. City of Fife, 60 Wn. App. 458 (1991), for the proposition that ultra vires acts are not subject to the doctrine of equitable estoppel. However, the City's acts here are not ultra vires. Park and ride lots are clearly permitted as a conditional use in the NCC zone. The City's assurance to Mr. Stebbins that he could operate such a business at that location, its issuance of a "parking license" to do so, its collection of taxes for that use, and its failure to advise Mr. Stebbins of the requirement to obtain a conditional use permit, are not illegal or prohibited acts by the City. Thus, they cannot be ultra vires acts, and thus they are subject to the doctrine of estoppel. APPELLANTS REPLY TO CITY'S CLOSING ARGUMENT - 4 295808.1 /6C8W01 !/019771.00001 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 (206) 682-3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • V. CONCLUSION We reiterate the basic argument in our closing brief: Mr. Stebbins at all times was open and above -board with the City about the nature of his business activities and the location of his business. City representatives consulted with Mr. Stebbins, advised him to identify his business as "automobile sales ", and told him that such designation was sufficient to include the associated activities of automobile rental and the park and ride lot. Mr. Stebbins relied on that advice, and both parties thereafter acted in accordance with that advice for three years. For those reasons, we ask that Hearing Examiner approve Mr. Stebbins' appeal and grant the relief requested in his closing brief. DATED this day of September, 2000. SHORT CRESSMAN & BURGESS PLLC By Scott M. Missall, WSBA No. 14465 Attorneys for Appellant Ray Stebbins, d.b.a. A to B Auto APPELLANTS REPLY TO CITY'S CLOSING ARGUMENT - 5 295808.1 /6C8 W01 ! /019771.00001 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 (206) 682 -3333 • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 7 (including cover sheet) SENT BY: Sheryl Loewen DATE SENT: October 2, 2000 TO: Robert Noe, City Attorney FIRM: City of Tukwila FAX NUMBER: 206 - 433 -7143 PHONE NUMBER: 206 - 433 -1846 FROM: REGARDING: COMMENTS: A to B Auto Letter and Appellant Ray Stebbins' Reply to City's Closing Argument following. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and return the original message to us at the address above via the U.S. Postal Service. Thank you. HP Fax Series 900 Plain Paper Fax /Copier • e Pax History Report for KDM Law Firm 425 392 7071 Oct 02 2000 4:32pm Last Fax Date Time Type Identification Duration Pages Result Oct 2 4:29pm Sent 2064337143 2:50 7 OK Result: OK - black and white fax 09/29/2000 15:34 FAX 2063408856 SHORT CRESSMAN & BURGESS • LAW OFFICES WORT CRESSMAN & BURGESS F L.LC 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 9 104-4088 FAX: (206)340-8856 (206)682 -3333 TELECOPIER TRANS LE�'TER Client/Matter Number: 19771/1 Sender: PLEASE DELIVER THE FOLLOWING PAGES TO: Name: Robert Noe Company: Fax No.: (425) 392 -7071 City: Issaquah From: Scott Missall Message: IQ 001 Date: September 29, 2000 Time: 3:27 P.M. TOTAL NUMBER OF PAGES, INCLUDING THIS PAGE: 7 Original Mailed: Yes PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES NOTE= INTENDED INFORMATION USE OFI'THE INDIVIDUA1AL(S)S) NAMEDLABOVENDANY DISSEMINATION, DISTRIBUTION OR COPYING, EXCEPT BY THE PERSON ABOVE NAMED, IS STRICTLY PROHIBITED. IF YOU VIA THE T S. FAX I Y THIS FN ERROR, PLEASE EASE NOTIFY US BY TELEPHONE AND RETURN THE UU /Z8 /ZUUU 15:34 FAA ZU034U55515 SHUKT Cxt55MAN & BURGESS LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE. SUITE 3000 SEATTLE, WASHINGTON 3TON 98104 -4088 FAX: (2 06) (206) 682 -3333 September 29, 2000 Scott M. Missall (206) 515 -2241 smissa1t®salaw.com Mr. Fred Kaufman Hearing Examiner Renton City Hall 1055 South Grady Way Renton, WA 98055 Re: Ray Stebbins, d.b.a. A to B Auto v. City of Tukwila 0002 Dear Mr. Kaufman: al and one copy of Appelant Ray Stebbins' Reply to Please find enclosed the original City's Closing Argument for filing with your office. Please return a conformed copy to our office in the enclosed self addressed stamped envelope. If you have any questions regarding this matter, p lease call. Sincerely, HORT C SSMAN & BURGESS PLLC ecretary to ScottM. Missall :jdk Enclosures cc: Robert Noe, Esq. Ray Stebbins City of Tukwila ifer Ki 1 r09/29/2000 15:34 FAX 2063408856 2 3 4 5 SHORT CRESSMAN & BURGESS • BEFORE3T�HE CITY HEARING EXAMINER FOR 6 � RAY B COINS, d.b.a. Appellant, APPELLANT RAY STEBBINS' 7 REPLY TO CITY'S CLOSING ARGUMENT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. CITY OF TUKWILA, Res . , ndent. V1003 L COMMENTS ON THE FACTS The additional "facts" offered in the City's closing argument (Pages 1 -4) are, for the most part, not determinative of the issues. For example, with regard to Mr. Stebbins 1998 and 1999 business licenses, he testified quite clearly that the typ ed portions of those forms (notably, the portion that identified his business as "automobile sales ") were filled in by the City and mailed to him. Thus, the inference in the City's closing brief (page 2 at lines 17 -20) is incorrect_ Mr. Stebbins never tried to mask or otherwise bide the nature of his business from the City of Tukwila. To the contrary, he relied on express assurances by the City's staff as to how he should complete his business license applications. As another example, the City relies on testimony that only the City Clerk's office is authorized to issue official "business licenses" for the City. Whether or not this is true, Mr. Stebbins had no reason to know that the Finance Department could not issue him a license for his parking activities. And of course, the document issued by the Finance Department says precisely and unambiguously that it is a "Parking License ". APPELLANTS REPLY CLOSING pltG MEN'T TO 1 CITY'S 295 808.1 /6C 8 W 01 ! 1019771.00001 LAW 0I PIC85 SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE. SUITE 3000 SEATTLE. WASHINGTON 98104 -4088 (206) 682-3333 09/29/2000 15:34 FAX 2063408856 SHORT CRESSMAN & BURGESI 0 I1. ESTOPPEL DOES APPLY 2 Under the elements of estoppel, the only actions which matter are the actions of the Stebbins was told by the City staff at 3 City and the reasonable reliance of Mr. Stebbins. Mr. "automobile sales." He did so, and complete his 4 he should comp application by listing only 5 thereafter the City repeated that definition when it sent him its subsequent business licenses. taxes, and its knowing, ongoing (even if 6 The City's collection of B&O taxes, parking usiness activities are the critical facts that 7 partially tacit) authorization of Mr. Stebbins tin Mr. Stebbins' appeal. 8 weigh in favor of granting g argument clearly e facts presented at hearing and outlined in Mr. Stebbins' closing gum q� The P Mr. Stebbins' reliance 10 demonstrate an overall indicia of lawfulness to his business activities, ce those activities. 11 on the City's statements in that regard, and the City's ongoing acquiesce Those facts are sufficient for the Hearing Examiner to find that the City is estopped from 13 denying Mr. Stebbins' 2000 business license for the same business activities the City has 14 permitted for the preceding three yam. { es that such actions cannot bind 15 The City admits this for the most part, but then argu 16 the City under the Dykstra case. However, it is the City that "completely misses the fact" 17 j that it specifically advised Mr. Stebbins of how to fill out his business license app lication in 18 j 1997, that it did so with full knowledge of Mr. Stebbins' three business activities, and that 19 it thereafter repeated it's own definitions when it mailed subsequent license applications to { 20 Mr. Stebbins. Based on those assurances, Mr. Stebbins invested heavily in advertising for 21 all three components of his business, but particularly the park and ride aspect. In that regard, 22 Mr. Stebbins testified that advertising for his park and ride lot was his primary advertising 23 cost because of the need to advertise that component regionally. Because of the fact that his 24 ads are arranged as long as a year in advance, he has a long term commitmen t that he cannot 25 easily (or inexpensively) abandon. 26 (1004 CLOSING ARGUMENT TO 2 CITY'S 295008 .116C8W 01 I,019771.00001 LAW OFFlCS3 SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE, SUITE 3000 SEATTLE. WASHINGTON 98104.4088 (206) 682 -3333 09/29/2000 15:35 FAX 2063408856 SHORT CRESSMAN & BURGESS _ r' 00s uillan and outlined in Mr. Under the facts of this case, the rotes stated by MeQ challenged by the 2 Stebbins' closing brief are fully applicable to this case. They also stand direct fashion. The Hearing Examiner should recognize those facts, and thus 3 City in an Y 4 rule that Dykstra does not apply here. 5 III. INCONSISTENT CITY POSITION 6 The City argues (page 4, line 11) that "the City is willing to p ermit continued auto 7 sales at the location because it has permitted the same through its business licensing process 8 for the last three years." Mr. Stebbins is appreciative of that fact, and accepts the City's 9 offer. Beyond that, however, the City not only allowed the auto sales at that location, but 10 j it allowed the auto rental and the park and ride components of Mr. Stebbins' business. lithe 11 City is going to take the position that one component of his business is legitimate under the 12 ! specific facts of this case, it must also allow the other components of his business for the 13 very same reasons. To do one without the other is an arbitrary distinction which is not 14 justified by the facts. 15 IV. COMMENTS ON THE CITY CODE 16 The City argues that the label of "park and ride" is somehow distinguishable from the 17 'I label of "park and fly." This is the classic "distinction without a difference ". Both activities 18 j are identical -- people in both instances drive their cars to a central location, park them, and 19 ` utilize mass transit to go to another location. The City's code clearly says (and allows) "park 20 and ride" lots, and does not define that term. 21 i. The City's imputed distinction between a "park and ride" lot and a "park and fly" lot 22 is imaginary and does not follow common rules of statutory construction. See, e.g., Hunter 23 v. University of Washington, Wn. App. , 2 P.3d 1022 (2000) ( "If a term is not 24 statutorily defined, the term is given its ordinary or common law meaning. State v Alva z, re 25 128 Wash.2d 1, 11, 904 P.2d 754 (1995). In determining the ordinary meaning of a term, 26 a court may use a dictionary. See Zachman v. Whirlpool Fin. Corp., 123 Wash.2d 667, 671, CLOSING APPELLANTS REPLY ®3 CITY'S 295808 -1 !6C 8 W O i U0I 9771.0000 1 LAW OFICO SHORT CRESSMAN & BURGESS PLLC 999 THIRD AVENUE. SUIT 3000 SEATTLE.. WASHINGTON 98104.4088 (Z06) 682 -3333 09/29/2000 15:35 FAX 2063408856 SHORT CRESSMAN & BURGESS 0 al 006 869 P.2d 1078 (1994); City of Bellevue v. Lorang, 92 Wash•App• 186, 193, 963 P.2d 198 2 1998), reversed on other grounds, 140 Wash.2d 19, 992 P.2d 496 2000) ")• � Dictionary of the English Language (1951) at 3 Webstei's New Twentieth Century 4 1219 defines "park" as: (an automobile, or any vehicle) standing on a public way, as on a 5 1. To keep or, to leave in an open space especially designated street, usually temporarily; space. 6 for this purpose, as a parking lot or parking p 7 Webster's New Twentieth Century Dictionary of the English Language (1951) at 1464 8 defines "ride" as (emphasis added): supported and 1. To be carried, as upon any animal or in any vehicle: to be �h 9 conveyed by any means of locomoti n, eile especially, to be carried n the a back; 10 1 as, to ride in an elevator, in an automobile, The City's purported distinction should be disregarded by the Hearing 11 i Id. at 1 12 ii Examiner• cars is clearly incidental and 13 To address the substance of that issue, however, parking sales. Thus, even if the use of the property for automobile 14 subordinate to the principle park and ride lot are not 15 Examiner accepts the City's argument that automobile rental and the p ermitted activities by the City, they qualify as accessory uses under the language 16 outngh t permitted i used by the City Code• for the proposition v. City Fie, 60 Wn. App. 458 (1991), 1 g The City relies on Choy h' o f f el. However, the City's 19 that ultra vices acts are not subject to the doctrine of equitable estopp i rnlitted as a conditional use m 20 1 acts here are not ultra vices. Park and ride lots are clearly permitted NCC zone. The City's assurance to Mr. Stebbins that he could operate such a business 21 the 22 at that location, its issuance of a "parking license" to do so, its collection of taxes for at 23 use, and its failure to advise Mr. Stebbins of the requirement to obtain a conditional r a use g 24 permit, are not illegal or prohibited acts by the City. Thus, they cannot be ultra 25 and thus they are subject to the doctrine of estoppel. 26 CL APPELLANTS ARGUMENT - 4 TTX'S 295808.1I6C8W01 V019771.00001 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC 999 THIRD AvENUf, SUITE 3000 SEATTLE, WASHINGTON 98104.4088 (206)682.3333 09/29/2000 15:35 FAX 2063408856 SHORT CRESSMAN & mass • V. CONCLUSION 2 We reiterate the basic argument in our closing brief: Mr. Stebbins at all times was 3 open and above -board with the City about the nature of his business activities and e 4 location of his business. City representatives consulted with Mr. Stebbins, advised him to 5 identify his business as "automobile sales ", and told him that such designation was sufficient 6 to include the associated activities of automobile rental and the park and ride lot. Mr. 7 Stebbins relied on that advice, and both parties thereafter acted in accordance with that 8 advice for three years. For those reasons, we ask that Hearing Examiner approve Mr. Stebbins' appeal and grant the relief requested in his closing brief. DATED this day of September, 2000. SHORT CRESSMAN & BURGESS PLLC a W1007 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Scott M. Missall, 'e11BA N Stebbins, Attorneys for Appellant bbins, d.b.a. A to B Auto LAW OVHCEU SHORT CRESSMAN & BURGESS PLLC 00 999 THIRD AVENUE, SUITE 30 APPELLANTS REPLY TO CITY'S SEAM � WASHINGTON 9B10000 CLOSING ARGUMENT - 5 (206) 682-3333 295808. i /6C8 W o I I /019771.00001 f Legal Hessen SEATTLE 910 -5th Ave. Seattle, WA 98104 206 -623- 8771 1.800 -736 7295 Tacoma 943 Tcoia Ave. S. Tacoma, WA 98402 253-383-1791 =800-736-7250 Irate rnetAddress:''v ess±enger rvice Request Everett 2927 Rockefeller Everett WA 9820 425 - 258 -4591 1-800-869-778 abclegaLcom DI 119mW.L ion Wa Olym tai . /A 9850 880 »' 54 4595 1 -800- 828 -0193 Bellevue 126 -107th N.E. Bellevue, WA 98004 425-455-0102 Last Day Date / Time Firm Name Kenyon Dornay Marshall, PLLC Phone 425 - 392 -7090 Attorney rfn Address 11 Front Street South, Issaquah, WA 98027 -3820 Secretary sal Case Name Ray Stebbins d /b /a A to B Auto v. Tukwila ABC Client # 65370 Cause Number Client Matter Number 103.0000 Date Sep 21, 2000 11:51 AM Documents City's Closing Argument [Signature Required On Documents GReturn Conformed ABC Slip Only XReturn Conformed.Copy (❑Conform Original Do Not File Other Instructions Fred Kaufman Hearing Exa ner, City of Tukwila Renton City all, 7th Floor 1055 S. Gr y Way Renton, W 98055 Superior Court District Court (Indicate District) Audito Appeals Ct 1 -Sea N =Ta Federal Court :ivil Bnkrpt FORM NOT FOR PROCESS Sea Tac State Sec Supreme State PROPER USE OF MESSENGER SLIPS: preparation and final checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double- checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON IT'S RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. 1 • a BEFORE THE HEARING EXAMINER CITY OF TUKWILA RAY STEBBINS D/B /A A TO B AUTO, vs. CITY OF TUKWILA, Appellant, Respondent. HEARING EXAMINER CITY'S CLOSING ARGUMENT I. Facts The City concurs, for the most part, with the facts as set forth in the appellant's closing argument. The City does wish to bring the following additional relevant facts which came to light during the hearing to the Hearing Examiner's specific attention: The Hearing Examiner will recall that in 1996, when Mr. Stebbins originally applied for a 1997 business license, his property was located within the RC (Regional Commercial) zoning district, not the NCC zone. At that time Mr. Stebbins applied for a license for "auto sales /rental/ parking ". Such uses are permitted within the RC zone. The Hearing Examiner will also recall that in early 1997 Mr. Stebbins changed his business address. The new location for his business is situated within the NCC zone. As a result RETURN COPY CITY'S CLOSING ARGUMENT - 1 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL Lew FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 Oddbie� ,„ Everett , -°� � a ; i �lym_ pia 4A-,-;:„..,,,,, . 943 Tacoma Ave S a 2927 Rockefeller ;119W Legion Tracorna, WA °98402 EverettiWA 9820i1� Olymppia, WA 9850_ 2534383=1,791:,' ' '42525S.--A, 591 360 -754 6595 1 800 736 7250 , , 1 800 869 7785 1 800 -828 0j199 .. Last Day Date / Time ernet Address `www abclegal comp' Firm Name Kenyon Dornay Marshall, PLLC Phone 425 - 392 -7090 Attorney rfn 9'/22/00 Address 11 Front Street South, Issaquah, WA 98027 -3820 Secretary sal Case Name Ray Stebbins d /b /a A to B Auto v. Tukwila ABC Client # 65370 Cause Number Client Matter Number 103.0000 Date Sep 21, 2000 11:51 AM Documents City's Closing Argument ]Signature Require4 On Documents', Return orme :C Slip my Return Conformed Co rginal DoNot File.. Other Instructions Scott M. Missall Short, Cressman & Burgess, PLLC 999 Third Avenue, Suite 2525 Seattle, WA 98104 -4089 R e: SEP 2 2 2000 rLLC ESuperiori Court 4Districtj€ourt (!ndicateDistrict EAuclitor: Appeals Cts J ea ll -Tae ate ; Supreme PROPER USE OF MESSENGER SLIPS: preparation and final checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double- checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON IT'S RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEP 2 2 2000 HEARING EXAMINER BEFORE THE HEARING EXAMINER CITY OF TUKWILA RAY STEBBINS D/B/A A TO B AUTO, vs. CITY OF TUKWILA, Appellant, Respondent. CITY'S CLOSING ARGUMENT I. Facts The City concurs, for the most part, with the facts as set forth in the appellant's closing argument. The City does wish to bring the following additional relevant facts which came to light during the hearing to the Hearing Examiner's specific attention: The Hearing Examiner will recall that in 1996, when Mr. Stebbins originally applied for a 1997 business license, his property was located within the RC (Regional Commercial) zoning district, not the NCC zone. At that time Mr. Stebbins applied for a license for "auto sales /rental/ parking ". Such uses are permitted within the RC zone. The Hearing Examiner will also recall that in early 1997 Mr. Stebbins changed his business address. The new location for his business is situated within the NCC zone. As a result RETURN COPY CITY'S CLOSING ARGUMENT - 1 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 1 BEFORE THE HEARING EXAMINER CITY OF TUKWILA RAY STEBBINS D/B/A A TO B AUTO, vs. CITY OF TUKWILA, Appellant, Respondent. HEARING EXAMINER CITY'S CLOSING ARGUMENT I. Facts The City concurs, for the most part, with the facts as set forth in the appellant's closing argument. The City does wish to bring the following additional relevant facts which came to light during the hearing to the Hearing Examiner's specific attention: The Hearing Examiner will recall that in 1996, when Mr. Stebbins originally applied for a 1997 business license, his property was located within the RC (Regional Commercial) zoning district, not the NCC zone. At that time Mr. Stebbins applied for a license for "auto sales /rental/ parking ". Such uses are permitted within the RC zone. The Hearing Examiner will also recall that in early 1997 Mr. Stebbins changed his business address. The new location for his business is situated within the NCC zone. As a result CITY'S CLOSING ARGUMENT - 1 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn/092100//d1 KENYON DORNAY MARSHALL, PLLC • THE MUNICIPAL LAW Fvw 1 I FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 of the address change, Mr. Stebbins submitted a new application for 1997 business license. Mysteriously, two separate license applications were generated in early March, 1997. One application listed "Auto sales, rental, parking" as the nature of the business and the other application listed only "Auto Sales ". The application listing "Auto Sales" only was stamped as received by the City of Tukwila Department of Community Development (the department charged with ensuring that the proposed business is consistent with the zone in which it is located). The other application was not received by that department. Mr. Stebbins testified that, at the time he sought to submit the March, 1997 application, the City Clerk's office advised him to indicate on the application that the nature of his business was "auto sales ". The City Clerk testified that her office merely takes possession of business license applications for the purpose of processing those through various city departments and does not provide any input to anyone regarding how the application should be completed. Moreover, the City Clerk's office has no working knowledge of the City's zoning provisions. The City Clerk's role in business licensing is purely clerical or ministerial. In 1998 and in 1999, Mr. Stebbins applied for a business license indicating that the nature of his business was "auto sales" for both years. He was issued a license for "auto sales" for both years. In late 1998, Mr. Stebbins applied for a parking license from the City's Finance Department. He was issued a "parking license" and has paid parking taxes pursuant to that license. The City's Finance Department issued a parking "license" contrary to the provisions of Ordinance No. 1852. Pursuant to Ordinance No. 1852, the Finance Department is not authorized CITY'S CLOSING ARGUMENT - 2 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 to issue licenses and can only take "registration" of those places within the City providing parking for the limited purpose of collecting taxes on the parking. The City Clerk testified that only her office is authorized to issue business licenses within the City. The City approved a sign application Mr. Stebbins submitted with copy indicating "park and fly ". The City does not, however, regulate signs based on content and did not review Mr. Stebbins' sign application for content. For the year 2000, Mr. Stebbins submitted a business license application for "auto sales, rental, parking." The City denied the license because auto rental and auto parking are not permitted within the NCC. Mr. Stebbins testified that he provides parking for persons who are going to and from the airport for flights. Mr. Stebbins testified that he provides rental cars to the neighborhood. Mr. Stebbins testified that in 1999 the parking component of his business began to bring in approximately 50% of his business income. Prior to 1999, the parking component was not such a large income generator. He testified that when he applied for 1998 and 1999 business licenses he did not include parking within the description of his business because it was not a significant part of the business. He testified that, because the parking component became significant in 1999, he listed it within the description of his business on the business license application for the year 2000. Mr. Stebbins offered no testimony concerning the profitability of his rental business in comparison to the other two components of the business. Mr. Stebbins testified that his significant capital investment lies in auto sales and that he has not invested significant capital into the parking component or rental components of his business. CITY'S CLOSING ARGUMENT - 3 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//dl KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH. WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 Mr. Stebbins testified that, although he spends money to advertise the parking and rental components of his business, that advertising appears in the same ads with his auto sales business. Thus, he was not purchasing duplicate advertisement or additional advertisement solely for the parking and rental components of his business. II. Argument A. Automobile Rental is not a permitted use within the NCC. The City's zoning code sets forth clearly the permitted uses within the NCC zone. Automobile rental is not listed. The appellant argues that auto rentals are so similar to auto sales that auto rental should be permitted as well as auto sales. What the appellant fails to recognize is that "auto sales" is also not a permitted use within the NCC. The City is willing to permit continued auto sales at the location because it has permitted the same through its business licensing process for the last 3 years. Concerning auto rentals and park and fly, the City has never permitted auto rentals or park and fly at the appellant's location within the NCC under any process. B. Park and Fly use is not permitted within the NCC. The appellant argues that his "park and fly" lot is an "accessory" use to an otherwise permitted use. The argument lacks merit. Parking that is accessory to a primary use is parking that necessarily accompanies the permitted use and is used in conjunction with that use. Here a park and fly lot is not a necessary accessory use to an auto sales lot. Tukwila's Zoning Code defines accessory use as follows: 'Accessory use' means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. CITY'S CLOSING ARGUMENT - 4 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 C. Park and Fly lots are different from Park and Ride lots. The appellant argues that a conditional use permit is available for park and ride lots within the NCC and that the Hearing Examiner should direct the City to accept an application for a park and ride lot as a conditional use. The appellant, however, does not operate a park and ride lot (commonly known as those lots used for parking by mass transit commuters). He operates a "park and fly" lot. Park and fly lots are not permitted as a conditional use within the NCC zone. D. Estoppel is ineffective against the City in this case. The City relies on Dykstra v. County of Skagit, 97 Wn.App. 670 (1999). "Governmental entities are not precluded from enforcing ordinances even though they may have been improperly enforced in the past." Id., at 677. "The governmental zoning power may not be forfeited by the action of local officers in disregard of the statute and ordinance. The public has an interest in zoning that cannot thus be set at naught." Id. at 670 citing Mercer Island v. Steinmann, 9 Wn.App. 479, 483 (1973). Here the appellant argues that the City cannot arbitrarily revoke his license where he has invested in the business. The appellant completely misses the fact that he was only licensed to engage in auto sales not auto rental or park and fly. The City never licensed him to engage in any other business activity at the NCC location. The City does not seek to revoke the auto sales license. The City seeks to deny licensing of the park and fly and rental businesses. The actions the City took were based upon appellant's representations in his business license applications. The appellant never indicated in his business license applications that he was renting vehicles or operating a park and fly (until his application for a 2000 business license). The licenses issued to the appellant were, based on the information provided by the appellant, for CITY'S CLOSING ARGUMENT - 5 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 1 1 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 auto sales only. For purposes of the appellant's estoppel argument, the only thing he could have relied upon was the fact that he was issued licenses for auto sales at the NCC location. The Finance Department acted without authority when it issued a "parking license" and the City is not bound by that department's ultra vires actions. Our courts have acknowledged that "the doctrine of equitable estoppel can be applied to the acts of a municipality in certain circumstances." Choi v. Fife, 60 Wn.App. 458, 464 (1991) rev. denied 116 Wn.2d 1034 (1991). If the act is ultra vires, however, there can be no equitable estoppel against a municipality. The Court in Choi v. Fife looked at the same argument. There the Mayor acted without authority and the Jakutises argued that the City was estopped based on the Mayor's actions. The Court held "[h]owever, they [the Jakutises] overlook the well established line of cases holding that the doctrine of equitable estoppel will not be applied to a governmental body where the act giving rise to the alleged reliance was ultra vires or void. [Citations omitted.] Nothing in the Fife Municipal Code gives the mayor the authority unilaterally to allow the continuation of a nonconforming use " Id. at 464, 465. In the present case, the Finance Director had no authority under the City Municipal Code or under any ordinance to issue a "parking license" to the appellant. The Finance Director's act is, therefore, ultra vires and void. The City Clerk's office is the office solely responsible for and authorized to issue business licenses. The appellant cites a Pennsylvania case for the proposition that "variance estoppel" should be applied in the present case. That case is wholly inapplicable. The appellant has not requested a variance in this case nor is the issue of a variance before the Hearing Examiner in this matter. CITY'S CLOSING ARGUMENT - 6 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 • • What is involved in this matter, as was aptly pointed out by the Hearing Examiner during the hearing, is whether the City's business license denial is proper. In the Pennsylvania case, the Court considered whether the township was estopped to deny a variance to the property owner. Clearly, that case is not analogous to any issue in the present case. E. The Vested Rights Doctrine is inapplicable to this case. The vested rights doctrine allows a property owner to enjoy the benefit of land use regulations or development regulations in existence at the time the land owner submits a complete application for development. The doctrine has no application to the instant case. The appellant argues that because a "park and ride" is a conditional use within the NCC, and because he has been operating a park and ride (actually appellant operates a park and fly) consistent with the conditional use requirements, he has a vested right to continue the use. This reasoning completely misinterprets and misapplies the vested rights doctrine. Here the appellant has not submitted a conditional use permit that would "vest" him for purposes of land use and development regulations at the time the application was submitted. These issues are simply not present in the case and an argument that appellant should be able to conduct his park and fly business because he is vested is nonsensical. III. Conclusion For the reasons set forth above the Hearing Examiner should affirm the City's business license denial as to the park and fly and rental activities. /// /// /// CITY'S CLOSING ARGUMENT - 7 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//dl KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET Souni ISSAQUAI4. WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESPECTFULLY SUBMITTED this Zl day of September, 2000. CITY'S CLOSING ARGUMENT - 8 F:\ APPS\ MUNI \RFN \PL07093.rfn /rfn /092100//d1 KENYON DORNAY MARSHALL, PLLC By Robert F. Noe WSBA No. 197 Attorneys for Respondent City of Tukwila KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FROM STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 FAX (425) 392 -7071 Seattle Wk98104 Tacoroap,WAt98402,� tr,� Everett WA 98201 206 -623 877'x` 1=8004736772 50 • 1 -800 8697785 = s 1 800 828 0199, , u Bellevue` Last Day Date / Time Firm Name Kenyon Dornay Marshall, PLLC Phone 425- 392 -7090 Ext 111 Attorney rfn 9/22/00 4:30 p.m. Address 11 Front Street South, Issaquah, WA 98027 -3820 Secretary sal Case Name Ray Stebbins d /b /a A to B Auto v. Tukwila ABC Client # 65370 Cause Number Client Matter Number 103.0000 Date Sep 21, 2000 11:51 AM Documents City's Closing Argument y�..k_..:' •,.f.Y[ T'H's!!' Y , v�,o,l.yRf. ®S�g attire Required .._ .. On �C+:h�' 1'''4q '.; n_v...a•5^-�°"M Documents , S:4 Return i. Conformedx IBC Slip Only Return Conformed Copy ..,,, E ,{e il�d ^'it V' .R.._ v..a:Ee -.iu .i � `i `.ffi G {, :{ r ,R+°#r� � {,{i a,iC'� , ... � ConformrOrlginal Do Not File •.. �C t% k'e ?= ..1.. _. .. «S it i, ... .t3:, �+, _... ..a r �.. ♦ d';,..,.6 Other Instructions Fred Kaufman Hearing Examiner, City of Tukwila Renton City Hall, 7th Floor 1055 S. Grady Way Renton, WA 98055 •`x y .t c� ._ . =r kF'1�I:Ct19 � . t "•�i, .} teG County &` `; AL I. i` - , -..__ _'. . ka.W ,8+ - Superior out re .. .i:vL, B wRs, l C� {District Court £(Indicate District)„ i ._....... _ < ?.2eR Auditor :M Appeals I Sea E Ct II Tac .�- om... Feder Civil Y�4' !*Sri 'Court{ Bnkipti {+,� Sea � .s{`" Y' Tacf - m: €State Supreme; d `SS''Li .. ,.p Sec States .' ,1`; ~ { �.:.� _AAA,,. :, ._'` THIS FORM ,g5 T _OR PR,O��ESS ; --. " "• ,�{; __. PROPER USE OF MESSENGER SLIPS: preparation and final checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double- checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON ITS RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LA w FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 9 (including cover sheet) SENT BY: Sheryl Loewen DATE SENT: September 21, 2000 TO: Fred J. Kaufman FIRM: Hearing Examiner, City of Tukwila FAX NUMBER: 425- 430 -6523 PHONE NUMBER: FROM: REGARDING: COMMENTS: Robert F. Noe Ray Stebbins d /b /a A to B Auto - Appeal of Business License Denial City's Closing Argument. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and return the original message to us at the address above via the U.S. Postal Service. Thank you. HP Fax Series 900 Plain Paper Fax /Copier • • Fax History Report for KDM Law Firm 425 392 7071 Sep 21 2000 12:54pm Last Fax Date Time Type Identification Duration Pages Result Sep 21 12:50pm Sent 4254306523 3:27 9 OK Result: OK - black and white fax veren ; 927Rockefelle vereteiWA,982 254258 -4591, X800- 86947785: Last Day Date / Time ernet'Acldress ,,wwwEa. n£ 'STaxd4Zk�?'.a.. Firm Name Kenyon Dornay Marshall, PLLC Phone 425 - 392 -7090 Attorney rfn 9/22/00 4:30 p.m. Address 11 Front Street South, Issaquah, WA 98027 -3820 Secretary sal Case Name Ray Stebbins d /b /a A to B Auto v. Tukwila ABC Client # 65370 Cause Number Client Matter Number 103.0000 Date Sep 21, 2000 11:51 AM Documents City's Closing Argument t ® Signature,Requ red' ocumen Return Con bmeed ABC Slip 0 Conform Onginal3DFilevri '0 4171 Other Instructions Scott M. Missall Short, Cressman & Burgess, PLLC 999 Third Avenue, Suite 2525 Seattle, WA 98104 -4089 Appeals'Ct I -Sea: tll Tac jFederalkCourt tG yids. LBnkrpt Sea; aaci State, rSta4me PROPER USE OF MESSENGER SLIPS: preparation and final checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double- checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON ITS RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. 0 • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 9 (including cover sheet) SENT BY: Sheryl Loewen DATE SENT: September 21, 2000 TO: Scott M. Missall FIRM: Short, Cressman & Burgess, PLLC FAX NUMBER: 206 - 340 -8856 PHONE NUMBER: 206 - 682 -3333 FROM: REGARDING: COMMENTS: Robert F. Noe Ray Stebbins d /b /a A to B Auto - Appeal of Business License Denial City's Closing Argument. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and return the original message to us at the address above via the U.S. Postal Service. Thank you. 1 HP Fax Series 900 Plain Paper Fax/Copier • • Fax History Report for KDM Law Firm 425 392 7071 Sep 21 2000 12:58pm Last Fax Date Time Type Identification Duration ,Pages Result Sep 21 12:55pm Sent 2063408856 3:18 9 OK Result: OK - black and white fax 2 • KENYON DORNAY MARSHALL, PLLC MICHAEL R. KENYON MARGITA A. DORNAY LISA M. MARSHALL ROBERT F. NOE BRUCE L. DISEND THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027-3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 STAFF REPORT TO THE HEARING EXAMINER CITY OF TUKWILA SANDRA S. MEADOWCROFF SIMON STOCKER ELIZABETH A. ABBOTT AARON J. WOLFF STEVE C. KARI.M1 GARTH A. AHEARN STEPHEN R. KING HEARING DATE: August 15, 2000 STAFF CONTACT: Robert F. Noe, City Attorney FILE NUMBER: None - Appeal of Business License Denial APPLICANT: Ray Stebbins d/b /a A to B Auto REQUEST: Appeal of Notice of Denial LOCATION: 14621 Tukwila International Blvd., Tukwila, Washington RECOMMENDATION: Deny the appeal. ATTACHMENTS: A. Application for 2000 City Business License B. Tukwila Municipal Code ( "TMC ") 18.22 C. City Clerk's Notice of Denial D. Appeal E. 1997 City Business License F. 1997 Application for a new City Business License based on the new location of the A to B business G. New 1997 City Business License F:\ APPS \MUNI \RFN \LT06949.rfn /rfn /081000 / /dl SERVING WASHINGTON CITIES SINCE 1993 August 10, 2000 Page 2 • • H. Application for 1998 City Business License I. 1998 City Business License J. Application for 1999 City Business License K. 1999 City Business License L. Ordinance No. 1852 M. Application for Parking License N. Parking License I. FACTS In January, 2000, the appellant, Ray Stebbins, submitted an application for a year 2000 business license for his business location at 14621 Tukwila International Boulevard. Attachment A. Upon the City's review of that application, the City's Department of Community Development recommended denial of the business license because the business is located within the Neighborhood Commercial Center (NCC) zone and the proposed business, "auto sales, rental, parking" includes uses that are not permitted uses within the NCC zone. Attachment B. The City Clerk issued a Notice of Denial. Attachment C. Mr. Stebbins has appealed. Attachment D. At first blush, the business license denial in this case seems rather black and white. There is a history surrounding the A to B Auto business, however, which confuses the issue somewhat, but ultimately does not alter the required outcome: a denial of this appeal. A to B Auto first applied for a business license in December, 1996. A business license was issued for A to B Auto for "auto rental /sales /parking ". Attachment E. At that time A to B was located at 15058 Pacific Highway So. (now known as Tukwila International Boulevard), not the location where A to B is currently located as indicated above. The 15058 address is located within an area zoned as Regional Commercial (RC) which permits the uses for which the business license was sought. In March, 1997, Mr. Stebbins relocated A to B Auto to its current location in the NCC zone. He applied for a new business license due to the new location of his business. Attachment F. He was erroneously issued a new 1997 business license for "auto sales" only. Attachment G. Auto sales is not a permitted use within the NCC. Attachment B. F:\ APPS \MUNI \RFN \LT06949.rfn /rfn /081000 / /d1 • • August 10, 2000 Page 3 Mr. Stebbins' application for a 1998 business license indicated that the nature of the business was again "auto sales ". Attachment H. He was issued a business license for auto sales. Attachment I. Perhaps relying on the fact that Mr. Stebbins received a license for auto sales in 1997, the City perpetuated its mistake by issuing the 1998 license. Mr. Stebbins' application for a 1999 business license again indicated that the nature of the business was "auto sales ". Attachment J. He was again erroneously issued a 1999 business license. Attachment K. In neither the 1998 business license application nor the 1999 business license application did Mr. Stebbins indicate that A to B would be engaging in the operation of a parking lot. Attachments H and J. Mr. Stebbins never advised the City Clerk's Office or the Department of Community Development that he was engaging in the operation of a parking lot. In late 1998, however, Mr. Stebbins approached the City's Finance Department, a department separate from the City Clerk and the Department of Community Development, and requested "registration" of a parking lot under City Ordinance No. 1852. Attachment L. Ordinance No. 1852 requires registration of parking lots and requires the payment of parking taxes. Attachment L. With paperwork that is inconsistent with the terms of Ordinance No. 1852 the City's Finance Department had Mr. Stebbins complete an "Application for Parking License" not a "registration" and subsequently issued Mr. Stebbins a "Parking License ", not a simple acknowledgment of registration for purposes of collecting parking taxes. Attachments M and N respectively. When Mr. Stebbins applied for a 2000 business license he indicated that the nature of the business is "auto sales, rental, parking ". Attachment A. Because those uses are not permitted in the NCC zone, the license application was denied. Attachments B and C. II. ARGUMENT A. Auto sales, auto rentals, and automobile parking are not permitted uses within the NCC zone. None of the proposed business uses are permitted within the NCC. A review of the provisions of TMC 18.22 related to the NCC literally supports this proposition. B. Although the City may have erroneously applied its Zoning Code in the past, it is not estopped from applying it correctly now. "Governmental entities are not precluded from enforcing ordinances even though they may have been improperly enforced in the past." Dykstra v. County of Skagit, 97 Wn.App. 670, 677 (1999). "The governmental zoning power may not be forfeited by the action of local officers in disregard of the statute and ordinance. The public has an interest in zoning that cannot thus be F:\ APPS \MUNI \RFN \LT06949.rfn /rfn /081000 / /d1 • • August 10, 2000 Page 4 set at naught." Dykstra, Id. at 670 citing Mercer Island v. Steinmann, 9 Wn.App. 479, 483 (1973). Based on this authority, the Hearing Examiner must find that the City can now enforce its zoning provisions in this matter. C. Although the Finance Department issued a so- called "Parking License ", it did so erroneously and the City is not bound to treat the erroneous "license" as an actual license. The same argument offered in section B, above, applies to this issue. The City is not estopped from properly applying its ordinances now regardless of its previous mistake. Appellant may argue that because he actually paid parking taxes, the City cannot now deny him the ability to operate a parking lot. This argument should be summarily discounted. Although the appellant did not have the legal right to conduct his parking operation, he did in fact conduct such an operation. Because it is conducted illegally does not make it any less taxable. He still received money from the parking operation and that income remains taxable regardless of the legality of the business operation. III. CONCLUSION Based on the foregoing, the Hearing Examiner should deny Mr. Stebbins' appeal of the business license denial. F:\ APPS \MUNI \RFN \LT06949.rfn /rfn /081000//d1 1 �.�'iJ -� �� 1 City of Tivila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 206 -4333 -1800 Applietion for 2000 / City Business License F I L L O U T - T H l s FORM IN :ITS- ENTIRETY} sINCOMPLETE: APPLICATIONS: -INILL °. NOT. 13E 'ACCEPTED.' This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 31 Business License: ❑ RENEWAL • NEW Application Date: Business Name A to B Auto Local Street 14621 TUKWILA INTL BLVD Address TUKWILA WA 98168 -4326 (Be sure to include zip code+ 4 -d /g /t extension) Local PO box & zip, if applicable Corporate Address: Business Phone (include area coder 2 4 2 - 3 9 9 6 Corporate Phone: • Local manager (include name and home phone): Indicate ownership status: 0 Individual ❑ Partnership (..Corporation ❑ Non - profit List owners/partners/ officers: Title Home Address City/State/Zip Phcne Date of Birth � fly s/r J.f� /)`/s Pi-PS /O` /`l s: (Z9 mss/- SE�,.;f�'/c' we 266 zta31Fs5 /2 //l Is your Door -to -door solicitation/peddler? ❑ No ❑ Yes business: Telephone solicitation? ❑ No ❑ Yes Contractor based outside City? ❑ No ❑ Yes If "Yes'; show jobsite address in space below Operated from your Tukwila residence? ❑ No ❑ Yes N "Yes", read information on reverse side and sign Any gambling and/or gambling devices on premises? (L No ❑ Yes Any amusement devices on premises? P2�tJo ❑Yes No. of devices: Description of business (give details; also, list types of products sold or stored): Auto S ales i ,ZcNi RL i 1'R12Kr,Jc. Will retail sales be conducted? -Yes ❑ No Size of floor space used: sq. ft Original opening date of business in Tukwila: 01 / 01 / 9 6 Total employees at Tukwila location, includ. management Full -time: ' Part-time: Number of employees in each type of employment Office: Retail: Wholesale: Manufacturing: Warehousing: Other. Do you use/store /discharge flammable, hazardous, or biohazardous materials? !�.■o O Yes If "Yes ", state type and quantity: In case 1. 2 of emergency, notify: Phone ry1 iC,(-i [.iL- Sic 6/3t i > La'' LY( -'`'55 4- Are you PRESENTLY doing any: construction or remodeling? d No 0 Yes installation of commercial storage racks? !r3-No ❑ Yes change of signage? (A-No ❑ Yes If Yes „r Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1999 City of Tukwila Business License # Renewal - 99_588 If business name has changed in past year, list former name: Is your business use different than the previous use of - New business ••• this building/space? ❑ Yes ❑ No No. of CTR "affected employees" at the site for which this business license application is filed: (Read CTR information.on reverse side) If you are a new building owner or planning to sell a building — please note fire alarm installation provisions on reverse side 1: 'a ., y�' e ;* OFFICEUSEONLY Date: ---( 2— 2_000 �, ,�t { ffe _ ; Receiv d by: LICENSE FEE (based on L. 0 to 5 $50.00 number of employees) ❑ 6 to 100 $100.00 CHECK ONE 0. ❑ 101 and above $200.00 Paid: • Cash tg-'lj(3- ' eck No.: �� �� Receipt No.: WA State Sales Tax No. or tTfi�- 6013 � UBI number (9 digits): . gj .M$ Building: O Building/sign permit attached Planning: Zoning designation: 1 certify the Information contained herein Is correct. 1 understand that any untrue statement Is cause for revocation of my license. Police: Fire: Signature: G7,c -� /rV 5 Date issued: Print Name: L v Kilt/ s /3.83 /mil s 2000 License No t Title /Office: Please return comple)'ei� • in city Hall at address shown above, Attention: City Clerk's Office. TUKWILA MUNICIPAL CODE • 18.20.080 Basic development standards. Development within the Residential Commercial Center district shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi- family), minimum 3,000 sq. ft. Floor area ratio for all structures 50% maximum Setbacks to yards (minimum): • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR,MDR, HDR 10 feet • Rear • 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval. See Landscape, Recreation, Recycling /Solid Waste Space chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the yard is within 50 feet of LDR,MDR, HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR,MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off - street parking: • Residential 2 per dwelling unit • Accessory dwelling unit See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off- street Parking/Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 1872 §3, 1999; Ord. 1758 §1(part), 1995) Pang+ 1R-Az ITS Chapter 18.22 NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT Sections: 18.22.010 18.22.020 18.22.030 18.22.040 18.22.050 18.22.060 18.22.070 18.22.080 Purpose. Permitted uses. Accessory uses. Conditional uses. Unclassified uses. On -site hazardous substances. Design review. Basic development standards. 18.22.010 Purpose. This district implements the Neighborhood Commercial Center Comprehensive Plan designation. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide for pedestrian - friendly areas characterized and scaled to serve multiple residential areas, with a diverse mix of uses. Uses include residential uses at second story or above when mixed with certain retail, service, office, recreational and community facilities, generally along a transportation corridor. (Ord. 1865 §22, 1999; Ord. 1830 §10, 1998; Ord. 1758 §1(part), 1995) 18.22.020 Permitted uses. The following uses are permitted outright within the Neighborhood Commercial Center district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assem - ble and /or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; Printed July 6. 1999 • TITLE 18 — ZONING c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; t industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employ- ing less than five people. 9. Computer software development and sim- ilar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling - One detached single - family unit per lot (includes factory -built or modular home that meets UBC). 13. Dwelling - Multi- family units above office, and retail uses. 14. Financial: a. banking; b. mortgage; c. other services. 15. Fix -it, radio or television repair shops/ rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. High -tech uses including research and development, light assembling, repair or storage of elec- tronic equipment, instruments, or biotechnology with at least 35% office. 20. Laundries: a. self- serve; b. dry cleaning; c. tailor, dyeing. 21. Libraries, museums or art galleries (public). 22. Offices, when such offices occupy no more than the first two stories of the building or base- ment and floor above, including: a. medical; b. dental; c. government; excluding fire and police stations; d. e. is Fr professional; administrative; business, such as travel, real estate; commercial. 23. Outpatient, inpatient, and emergency med- ical and dental. 24. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf course, or commercial recreation. 25. Plumbing shops (no tin work or outside storage). 26. Recreation facilities (commercial - indoor) athletic or health clubs. 27. Restaurants, including cocktail lounges in conjunction with a restaurant. 28. Retail sales of furniture, appliances, auto- mobile parts and accessories, liquor, lumber/ building materials, lawn and garden supplies, farm supplies. 29. Retail sales of health and beauty aids, pre- scription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 30. Schools and studios for education or self improvement. 31. Studios - art, photography, music, voice and dance. 32. Telephone exchanges. 33. Theaters, excluding "adult entertainment establishments ", as defined by this Code. 34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 35. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1830 §11, 1998; Ord. 1814 §2(part), 1997; Ord. 1758 §1(part), 1995) 18.22.030 Accessory uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighbor- hood Commercial Center district. 1. Billiards or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, Page_ 18 -39 TUKWILA MUNICIPAL CODE d. dwelling unit is ifllirporated into the primary detached single- family residence, not a sepa- rate unit, so that both units appear to be of the same design as if constructed at the same time. e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet, and f. the units are not sold as condo- miniums. 3. Family child care homes. 4. Home occupation. 5. Parking areas. 6. Recreational area and facilities for em- ployees. 7. Residences for security or maintenance personnel. (Ord. 1758 §1(part), 1995) 18.22.040 Conditional uses. The following uses may be allowed within the Neighborhood Commercial Center district, subject to the requirements, procedures, and conditions established by TMC 18.64, Conditional Use Permits. 1. Churches and community center buildings. 2. Colleges and universities. 3. Convalescent and nursing homes for more than 12 patients. 4. Electrical substations - distribution. 5. Fire and police stations. 6. Park -and -ride lots. 7. Radios, television, microwave, cellular or observation stations and towers. 8. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and -golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. (Ord. 1865 §23, 1999; Ord. 1830 §12, 1998; Ord. 1758 §1(part), 1995) 18.22.050 Unclassified uses. The following uses may be allowed within the Neighborhood Commercial Center district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits. 1. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighbor ood stormwater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6 Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §24, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) 18.22.060 On -site hazardous substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord. 1758 §1(part), 1995) 18.22.070 Design review. Design review is required for all commercial and for all multi- family structures. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 §1(part), 1995) 18.22.080 Basic development standards. Development within the Neighborhood Commer- cial Center district shall conform to the following listed and referenced standards: In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the director of Community Devel- opment as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. See the Tukwila International Boulevard Design Manual for more detailed directions. Page 18 -40 ,`Printed July 6, 1999 • • • TITLE 18 — ZONING NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, minimum 726 sq. ft.(senior housing) Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S.) • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of building height, setback 1 foot from property line) with a minimum of 10 feet and a maximum of 20 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR,MDR, HDR Ratio of 1.5:1 setback (for every 1.5 ft. of bldg. ht., setback 1 ft. from property line) with a 10 foot min. and 20 foot max. Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard Corridor, if a mixed use with a residential and commercial component) Landscape requirements (minimum): See. Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front(s) 5 feet • Front(s), if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR,MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off- street parking: • Residential (except senior citizen housing) 2 per dwelling unit • Accessory dwelling unit See TMC 18.22.030, Accessory Uses • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail _ 2.5 per 1,000 sq.ft. usable floor area minimum • Manufacturing 1 per 1,000 sq.ft. usable floor area minimum • Warehousing 1 per 2,000 sq.ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off- street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22 "Noise" and (3) adopted State and Federal standards for water quality and hazardous materials. In addition all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 1872 §4, 1999; Ord. 1865 §25, 1999; Ord. 1830 §13, 1998; Ord. 1758 §1(part), 1995) -' it .. Printed July 6, 1999 Y „w.. ; . ..� . Page 18 -41 08/10/00 12:09 FAX 206 433 1833 February 25, 2000 CITY TUKWILA City of Tukwila • FILE COPY Z002 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M Muller Mayor Mr. Ray Stebbins, President A to B Auto 14621 Tukwila International Blvd. Tukwila, WA 98169 -4326 VIA CERTIFIED MAIL Z 578 977 293 RE! NOTICE OF DENIAL — 2000 TUKWILA BUSINESS LICENSE Dear Mr. Stebbins: This letter will serve as Notice of Denial that your application for a 2000 Tukwila business license has been denied under Tukwila Municipal Code 5.04.110 Denial — Revocation; A.2. — The building, structure, equipment, operation or location of the business for which the license was issued-does. not- comply-witli -- - thc requirements or standards of the Tukwila Municipal Code. Information you provided on the license application form indicates your operation has expanded to include auto sales, rentals and parking. Your business operation is located in the NCC (Neighborhood Commercial Center) zone. Auto sales are permitted in this zone; however, auto rentals and parking are not. Consequently, we are unable to approve your application. You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial. Failure to appeal within this time period shall constitute a waiver of all tights to any additional administrative hearing or determination on the.matter (Tukwila Municipal Code 5.04.11 Q(B).. .. Sincerely, it e E. Cantu, CMC City Clerk C: S.Lancaster, DCD Director;.. - R. Fox, Associate Planner, DCD R Noe, City Attorney; J. Jones, Code Enforcement Phone: (206) 433.1800 • City Hall Fax (206) 433 -1833. 6 08/10/00 12:10 FAX 208 4 1899 CITY TUKWILA ( / e(Cy c7leRk / Jc, i gun) W c4e • 2009 RECEIVED iviAR 0 9 2000 Cfl v Ur i'uKvvjLA Qpp2c.7 CLERK ctehi&l 0 f bLLS; /less /ree,,C . X wo o l d l; k e a. c a{-e. 1'o be SeA 4— h r a eRecd w 041 441 h. ea.r y ag- ice.r- 4 • cd -hm e i o// haL,'e, be r repfe5ei+14 ,it -�or- Ls ma -er, o. cx.na cit.y, boA -cee 4ificul, J f + d k€ ev l J is O h , e s -v. LL)e look 4,„_,„ r C S.& 1 V t nc I+ s f Yl cd-+-e v" Roi 4c. is (RAO Pr-e S rci en't' A TO B AUTO SALES RENTAL PARKING 14621 PAC. HWY. S. SU1(WILA, WA 98188 206-242-3996 City of TuSila, Washington RUMNESS LOCENSE 242 -3996 Auto Rental /Sales /Parking TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY UCENSED HEREUNDER. A to B Auto 15058 PACIFIC HWY S TUKWILA WA 98168 -2244 OFFICE COPY ' EXPIRATION DATE 12 -31 -97 DATE ISSUED 12/17/96 LICENSE NUMBER 97 -005 FEE PAID $50.00 SALES TAX CODE NO.1729 CITY CLERK This license is to be displayed conspicuously at the location of business and Is not transferable or assignable. lid Ci o i ia � T ✓ 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 (206) 433 -1800 Applillean for 1997 City Business License FILL OUT THISTORM.IN ITSENTIRETY INCOMPLETE. AP,PLICATIONS'.WILL, NOT_`.BE ,ACCEPTED: This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 315 ,l -^ ; 'J ! `4 y ` ' ' OFFICE= USE ONLY , . k Application Date: _- ._ - • Business License: O RENEWAL • NEW Business Name A t7, S ^, ,r-o 54-t S Street Address Addr /4/% 2/ P y (Be sure to include zip code+ 4 -digit extension) ` / jLUt / l^ , i I.4 Local PO box & zip, if applicable (�7` I/C/ .5Z f „ -' (� g I �iT' =/j "j Corporate Address: Business Phone: ,.)06 '2 -39 �� Corporate Phone: Local manager (include name and horve phone): V 57 V45 %j1S Indicate ownership status: E ndividual ❑ Partnership ❑ Corporation ❑ Non - profit List owners, partners or officers: Title Residence Address City /State /Zip Phone / 2 Y/• 3rd 1 y 5- /56 ,4. s oa---/ve,e /o YY s semzeek Gaci- ��/. Is your Door -to -door solicitation? .arPo ❑ Yes business: Telephone solicitation? Ell ❑ Yes Contractor based outside City? J'lo ❑ Yes If "Yes ", show jobsite address in space below Operated from your Tukwila reside...., rno ❑ Yes If "Yes ", read information-- on_reyerse. side and sign Any gambling and /or gambling devices on premises? No ❑ Yes Any amusement devices on premises? No 0 Yes No. of devices: Fire: • ///' - . - Description of business (give details; also, list Os-6f roducts sold a% ,§tored): Ci7Z) I Will retail sales be conducted? Yes 0 ,+/}'L Size of floor space used: • /Gaf; sq. ft. Original opening date of business in Tukwila: Total employees at Tukwila location, includ\ management: N Full -time: / Part-time: Number of employ s in each type of employment: Office: Retail: / � esatt` Manufacturing: Warehousing: Other: Do yQu use /store /discharge flammable, hazardous, or biohazardous materials? t No ❑ Yes If "Yes ", state type and quantity: In case of emergency, notify: Phone 1. 2. trifC11 -e-t 1,6- 57a 3a/ir'(5 2// • 3%5 Are you PRESENTLY doing any: construction or remodeling? .2-No ❑ Yes installation of commercial storage racks? ino ❑ Yes change of signage? 9-No ❑ Yes If Yes .* Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1996 City of Tukwila Business License # Renewal ••■ If business name has changed in past year, list former name: Is your business use different than the previous use New business .e of this building /space? ❑ Yes o No. of CTR "affected employees" at the site for which this business license application is filed: (Read CTR information on reverse side) If you are a new building owner or planning to sell a building - please note fire alarm Installation provisions on reverse side `4 y ` ' ' OFFICE= USE ONLY , . k LICENSE FEE (based on J 0 to 5 0 = �_ number of employees) 6 to 100 '• • I1I CHECK ONE I* • 101 and above $200.00 Date: I ring ( f b Received by: Paid: ,&Cash • Check No.: Receipt o.: WA State Sales Tax No. or UBI number (9 digits): 6 o / 3710 Ito / ; - 40 1/7` \._ Building:1, 0 Building /s peen t attached Play Zoni ' g: ;` designation: itlr -c- 1 certify :the information contained herein : Is correct. 1 understand that: any untrue statement Is cause - . for revocation of my —license:: — .; Police: d/ Fire: • ///' - . - Signature: Ar " Aritillif ,1.0 d • J if ' Date issued: '-' - -i ;.; , zu `01 .T 1995 License No.: "" - - r " a/ - 17- "s.� '� :x �� e: f yL. i✓ Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office City of Tukwila, Washington BUSINESS L�fJ SSE 242 -3996 Auto Sales TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. A to B Auto 14621 PACIFIC HWY S TUKWILA WA 98168 -4326 OFFICE COPY EXPIRATION DATE 12 -31 -97 DATE ISSUED 03/14/97 FEE PAID $50.00 5441"4-4- CITY CLERK LICENSE NUMBER 97 -005 SALES TAX CODE NO. 1729 This license is to be displayed conspicuously at the location of business and is not transferable or assignable. City of Thilwila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 (206) 433 -1800 Appii etion for 1 i,,t)8 City Business License FILL 'OUT THIS FORM IN. ITS ENTIRETY; : ;:;�'. {; :INCOMPLETE= :APPLICATIONS " "WILL L :NOT. :`BE `:ACCEPTED; This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3111 Date: �a Received by: ❑ Building/sign permit attached Police: Receipt No.: �oS� Planning: Zoning designation: LICENSE FEE (based on 0 to 5 $5000 number of employees) ❑ 6 to 100 $100.00 CHECK ONE °► ❑ 101 and above $200.00 WA State Sales Tax No. or UBI number (9 digits): 601376764 I certify the information contained herein Is correct. 1 understand that any untrue statement is cause for revocation of my license. Fire: Date issued: 998 License No.: Signature: Print Name: (/ - / A itl /Office: " a - -L ... wL .,., AMnnNnn• r';t, rfork'c (ffir.P Application Date: j2•(2 -17 Business License: • RENEWAL • NEW Business Name A to B Auto Local Street 14621 PACIFIC HWY S Address TUKWILA WA 98168 -4326 (Be sure to Include zip code+ 4 -digit extension) Local PO box & zip, if applicable Corporate Address: . Business Phone (include area code): 242-3996 Corporate Phone: Local m nager (include name and home phone): if5TL73B 176 '&367 Zr{ f 31SS Indicate ownership status: R. Individual 0 Partnership ❑ Corporation 0 Non - profit List owners, partners or officers: Title Residence Address City/State/Zip �J one /9Y . ows ou- i0 yys � ey--� s �* a- 19 your Door -to -door solicitation? No ❑ Yes business: Telephone solicitation? IfNo ❑ Yes Contractor based outside City? VsNo 11 Yes If "Yes ", show Jobsite address In space below Operated from your Tukwila residence ?o U Yes If "Yes ", read Information on reverse side and sign Any gambling and/or gambling devices on premises? 14 No ❑ Yes Any amusement devices on premises? (V,No ❑Yes No. of devices: Description of business (give details; also, list types of products sold or stored): Auto Sales -* -7624 Will retail sales be conducted? /Yes ❑ No C ' ' �3 Size of floor space used: /, !' 2 sq. ft. Original opening date of business in Tukwila: 01/01/96 Total employees at Tukwila Iodation, includ. management: Full-time: 0 Part-time: Number of employees in each type of employmen : Office: Retail: Wholesale: Manufacturing: Warehousing: Other: Do you use /store /discharge flammable, hazardous, or biohazardous materials? 1C-No ❑ Yes If "Yes ", state type and quantity: In case of emergency, notify: !/ Phone 1. G�D'e/ey Za ' '70 f 2. Are you PRESENTLY doing any: construction or remodeling? air-No ❑ Yes installation of commercial storage racks? Cif No 0 Yes change of signage? gllo ❑ Yes If Yes .► Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1997 City of Tukwila Business License # Renewal .-■ 97 -005 If business name has changed in past year, Ilst former name: _ . Is your business use different than the previous use New business •• of this building /space? ❑ Yes KNo No. of CTR "affected employees" at the site for this business license application Is filed: which (Read CTR information on reverse side) If ou are a new bulldin• owner or •lannln• to sell a buildln• — •lease note fire alarm Installation •rovislons on reverse side Date: �a Received by: ❑ Building/sign permit attached Police: Receipt No.: �oS� Planning: Zoning designation: LICENSE FEE (based on 0 to 5 $5000 number of employees) ❑ 6 to 100 $100.00 CHECK ONE °► ❑ 101 and above $200.00 WA State Sales Tax No. or UBI number (9 digits): 601376764 I certify the information contained herein Is correct. 1 understand that any untrue statement is cause for revocation of my license. Fire: Date issued: 998 License No.: Signature: Print Name: (/ - / A itl /Office: " a - -L ... wL .,., AMnnNnn• r';t, rfork'c (ffir.P City of Tukwila, Washington o USMESS U©E SE 242 -3996 Auto Sales TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. A to B Auto 14621 PACIFIC HWY S TUKWILA WA 98168 -4326 OFFICE COPY EXPIRATION DATE 12 -31 -98 DATE ISSUED 01/06/98 LICENSE NUMBER 98 -343 FEE PAID $50.00 SALES TAX CODE NO.1729 E. ?4-44-1- &tctc4 CITY CLERK This license is to be displayed conspicuously at the location of business and is not transferable or assignable. City of Tiwila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 (206) 433 -1800 Nppu Uon tor 1999 L/ City Bniness License • . FILL' OUT THIS.FORM IN ITS ENTIRETY INCOMPLETE`-APPLICATIONS :WILL NOT BE ACCEPTED: This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 31s1 ? x • „xOFEid USE.QNLY Date: 1— Lo -95 Business License: GSpENEWAL ■ NEW Application Date: Business Name A to B Auto Local Street 14621 PACIFIC HWY S Address TUKWILA WA 98168 -4326 (Be sure to include zip code+ 4 -digit extension) Local PO box & zip, if applicable Corporate Address: /4/67i Z/ !` eg-c gal- S. t v �F /w f cue- . 8(g g' Business Phone (include area code): 2 4 2 -3 9 9 6 Corporate Phone: 2o6 2.y Z -32 ifo Local m ager (include name and home phone): W /fi STS' &'g 2c' 2't' 355 5 Indicate ownership status: 0 Individual 0 Partnership gCorporation 0 Non - profit List owners, partners or officers: Title Residence Address City /State/Zip Phone jicli 5 j &'I'5 /O4-e5 / °yY -C- /L9'4-5, Slim w au 94 35 Is your Door -to -door solicitation? No ❑ Yes business: Telephone solicitation? 2-No ❑ Yes Contractor based outside City? V No El Yes If "Yes ", show jobsite address in space below Operated from your Tukwila residence? ® No 0 Yes If "Yes ", read information on reverse side and sign Any gambling and /or gambling devices on premises? I -No ❑ Yes Any amusement devices on premises? d`No 0 Yes No. of devices: Description of business (give details; also, list types of products sold or stored): Auto Sales Will retail sales be conducted? ■ Yes 0 Nod Size of floor space used: sq. ft. Original opening date of business in Tukwila: 01/01/96 Total employees at Tukwila to do , includ. management: Full -time: Part-time: t Number of employees in each type of employment: Office: Retail: \ Wholesale: Manufacturing: Warehousing: Other: Do you use /store /discharge flammable, hazardous. or biohazardous materials? o ❑ Yes If "Yes ", state type and quantity: In case of emergency, notify: Phone_ 1. gill 57-xBcat,3 2.ex,-ex, -3455 2. Paff ate 615 873/ Are you PRESENTLY doing any: construction or remodeling? 1Y-No ❑ Yes installation of commercial storage racks? 6S No ❑ Yes change of signage? No 0 Yes If .Yes r Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1998 City of Tukwila Business License # Renewal -► 98 -343 If business name has changed in past year, list former name: Is your business use different than the previous use New business -► of this building /space? No. of CTR "affected employees" at the site for which this business license application is filed: 0 Yes 0 No (Read CTR information on reverse side) If You are a new building owner or planning to sell a building - please note fire alarm installation provisions on reverse side ? x • „xOFEid USE.QNLY Date: 1— Lo -95 Received ''� LICENSE FEE (based on 0 to 5 ro number of employees) • 6 to 100 $100.00 CHECK ONE Im■ • 101 and above $200.00 Paid: 0 Cash r T heck No.: 17 r l ' Receipt No.: 1-1 l � WA State Sales Tax No. or UBI number (9 digits): 601376764 Building: C) Building /sign permit attached Planning: Zoning designation: 1 certify the information contained herein is correct. I understand that any untrue statement is cause for revocation of my license. Police: Fire: _ Signature: i je Date issued: -2 (,0-911 Print Name: U, pay S( &a13 /,4--S 1999 License No.: W 1 I , ,y Title /Office: Please return completed application ihM1Jh/jX7 ri • ik H at ddress shown above, Attention: City Clerk's Office City of Tukwila, Washington BUSINESS LO©I IS-E 242 -3996 Auto Salea TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. A to 8 Auto 14621 PACIFIC 8WY S TUKWILA WA 98168 -4326 OFFICE COPY EXPIRATION DATE 12 -31 -99 LICENSE NUMBER 99 -588 DATE ISSUED 01/26/99 FEE PAID $50.00 i?-4-44-.4-- CITY CLERK SALES TAX CODE NO. 1729 This license Is to be displayed conspicuously at the location of business and Is not transferable or assignable. City of Tukwila. Washington Ordinance No. it AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING A NEW CHAPTER 3.25 OF THE TUKWILA MUNICIPAL CODE RELATING TO THE IMPOSITION OF A LOCAL OPTION TRANSPORTATION TAX ON COMMERCIAL PARKING IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1990 the Washington State Legislature passed a Local Option Transportation Taxes law codified at RCW 82.80.010 et seq. which allows cities pursuant to RCW 82.80.030 to levy a parking tax on all commercial parking businesses within its respective jurisdiction; and WHEREAS, Tukwila needs revenues generated by a tax on commercial parking for transportation related purposes such as maintaining, improving, overlaying and repairing, constructing and reconstructing City streets and rights of way; preparing for and developing improvements for public transit and transportation, including developing plans and designs, and acquiring needed rights of way and sites for such transportation purposes; and WHEREAS, commercial parking businesses In Tukwila will impact City streets due to increased traffic that will result in needed transportation improvements; and WHEREAS, revenues from a local option transportation tax can be used to implement elements In the City's Comprehensive Transportation Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Creation of a Commercial Parking Tax. A new chapter of the Tukwila Municipal Code, Chapter 3.25, Commercial Parking Tax, is hereby created to read as follows: 3.25.010 Definitions. The following definitions shall apply throughout this chapter: 1. "Commercial Parking Business" means the ownership, lease, operation or management of a commercial parking lot in which fees are charged for parking. 2. "Commercial Parking" means any transaction or arrangement whereby a vehicle is parked and a fee is charged for parking or allowing the vehicle to be parked. Commercial parking shall include instances where a fee is charged specifically for the parking of a vehicle. This shall include any business which uses part or all of its area to park vehicles for a fee where no other service, lodging or business is being provided or conducted in conjunction with the parking of the vehicle. Commercial parking shall also include instances such as when a guest of a hotel, motel or other lodging establishment is allowed to park or leave his /her vehicle before or after his or her lodging or business stay there, so that, for a fee, the guest's vehicle is parked at the hotel, motel or other lodging establishment during days when the guest is no longer staying there. 3.25.020 Exemptions. The following exemptions to the commercial parking tax are allowed: 1. Local employee parking, with parking spaces provided or reserved for use by an employee who works within the City, where the employee parks his or her vehicle in connection with his or her employment, without regard to whether arrangements or payment for the parking is made by the employee or by his or her employer. TRANCr'TY nnr 1Oh15/1,R 2. Apartm• and condominiums, where parking is pried in conjunction with arrangements for residential living spaces. 3. Offices, retail establishments, warehouses and industrial buildings, where parking is provided in association with tenant arrangements for the use of such facilities. 3.25.030 Local option transportation tax imposed. There is hereby levied a special local option transportation tax to be imposed in connection with commercial parking businesses within the City. The tax shall be Imposed at the rate of five percent (5 %) of the gross revenues generated by commercial parking charges and fees. 3.25.040 Tax in addition to other license fees or taxes. The tax levied under this chapter shall be in addition to any license fee or tax imposed or levied under any law, statute or ordinance whether imposed or levied by the City, State or other governmental entity or political subdivision. 3.25.050 Exempt vehicles. The tax shall not be levied on vehicles with official State disabled person decals; government vehicles which are exempt from tax, and tax- exempt carpool vehicles. 3.25.060 Taxes collected by business operators. Taxes imposed herein shall be collected by the operators of the commercial parking businesses. The operators of the commercial parking businesses shall remit to the City the local option transportation taxes collected on or before the last day of the month following the month during which the taxes were collected. The City shall be authorized to review and inspect financial records involving activities of businesses which are taxable by this tax, at least quarterly each year. 3.25.070 Use of fund. All revenues, assessments and other charges generated and collected as local option transportation taxes shall be placed in the City's 104 Bridge and Arterial Street Fund, to be used for transportation purposes within the Tukwila Comprehensive Transportation Plan, in accordance with RCW 82.80.070; and to be used for administration of the tax, including those activities of the City in keeping and tracking records, financial reports and other documents, reviewing filings and compiling reports by commercial parking businesses, and other activities involved in collection and enforcement of the tax. 3.25.080 Application and Reporting. A. Any commercial parking business shall procure from the City an annual certificate of registration, the fee for which shall initially be $1.00, and it shall be posted in a conspicuous place In the office of such a business. Annual renewals will be provided without a fee. B. The applicant for a certificate of registration shall furnish the Finance Director with a completed application, and with the name and address of any owners or lessees of the business. All owners or lessees shall be notified of the issuance of such certificate. All owners and lessees shall have joint liability for the collection and remittance to the City of parking taxes and they shall be notified of their Joint liability for collection and remittance of such tax. C. The Finance Director shall have the power to adopt rules and regulations not Inconsistent with the terms of this chapter for carrying out and enforcing the payment, collection and remittance of the tax herein levied; and a copy of the rules and regulations shall be on file and available for public examination in the City Clerk's office. 3.25.090 Violation /penalty. It is unlawful for any person, firm or corporation engaged In a commercial parking business to fail or refuse to collect and remit parking taxes as required by the provisions of this chapter or to gain for himself or herself some advantage or benefit from the tax, whether direct or indirect. Any such violation shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 and /or by imprisonment not exceeding 90 days. 3.25.100 Appeal procedure. Any person aggrieved by the amount of tax determined to be due to the City pursuant to this chapter may appeal to the Finance Director or his /her designee from such determination by filing a written notice of appeal with the City Clerk within 20 days from the date on which such person was given notice of the tax. The Finance Director or designee shall, as soon as practicable, fix a time and place for the hearing for such appeal. Notice of the hearing and the appeal shall be given to the appellant by certified mail at least five days prior to the date of the hearing. The appellant, if aggrieved by the decision of the Finance Director or designee, may then appeal to the City Hearing Examiner within 20 days of the date of the administrative decision. TRANSPTX.DOC 10/15/1998 2 Section 2. Sever�'lfility. If any section, subsection, paragraph, senten ,, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its appllcation to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect on December 1, 1998 after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OFT E CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /9 day of , 1998. Johr1NV. Rants, Mayor ATTEST /ALITHENT1CCATED: LC (fec. ..(ta e E. Cantu, City Clerk APPRO AS TO FORM: Offi f the City Attorney FILED WITH THE CITY CLERK: /U 5$ PASSED BY THE CITY COUNCIL: /o PUBLISHED: /U -a -- 5' EFFECTIVE DATE: /a/, /98 ORDINANCE NO.: /s-51z TRANSPTX.hnC' 10/15/1998 3 CITY OF TUKWILA Finance Department 6200 Southcenter Boulevard Tukwila, Washington 98188 206 - 433 -1848 APPLICATION FOR PARKING LICENSE Filing Fee $1.00 (must accompany this application) For year ending December 31, 1. Name of Applicant- T Pj Sit "IS Home Address: Street j 0 y- 5• 0.9 441 S+ Pr-e (Title) City /State/Zip 311 21 e74 MJ fl qI3 l 6?--) Home Telephone: c0 iv 2441 -3 155 2. Business Name- +t 3 14 U T Business Address: Street: Mal PAC S City /State/Zip 1 U Ku) L Will '/I i a8 Business Telephone: r -v c ca - 3 1 9 Business Registration Number. C• L, I 'i8Q Qaz Opening Date: 3-9,q Type of Business: AUh s ecimm State whether individual ownership, partnership, or corporation: (.D 2f 3. List owner(s), partners, or officers: Name 7Ay 5 8f ,,t1 s Home Address /t 1/. S. /�9"'St ! hereby certify that the statements furnished by me on this application are true and complete to the best of my knowledge. Signature: Title: OuJNCaZ/ ,r24, S 1 Business Phone:c 20 '2 L0 -3 Home Phone -2L(f -39'55 License #: 1S • C C3 Date Issued: Receipt to: 000 - 321 -900 • This is to certify the company shown below has been licensed to engage in the business activity listed above. Subject to provisions of City ordinances. For information, call (206) 433 -1848. This license is non - transferable. Date issued: December 11, 1998 Registration #: A$ -003 Business Name: A to B Auto Location: 14621 Pacific Highway S Tukwila, WA 98188 Mailing Address: Same 1 Last Day Date / Time Firm Name Kenyon Dornay Marshall, PLLC Phone 425 - 392 -7090 111 Attorney rfn Address 11 Front Street South, Issaquah, WA 98027 -3820 Secretary sal Case Name City of Tukwila adv. Ray Stebbins d /b /a A to B Auto ABC Client # 65370 Cause Number Client Matter Number 103.0000 Date Aug 10, 2000 12:34 PM Documents Staff Report to the Hearing Examiner with attachments Signature Require ocumen nformedABC Slip Return ontorme nglnal Other Instructions Fred Kauf Hearing aminer, City of Tukwila Renton ity Hall, 7th Floor 1055 S. Grady Way Renton WA 98055 CITY OF REN AUG 1 1 2 CITY TON 000 CLE —b—upe >- 6,4c, C'5 hoa 4-& ICE NimmittoA- Appeals Ct. I Sea" II -Tac ea tgLA ac State Supreme PROPER USE OF MESSENGER SLIPS: preparation and fina checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double- checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON ITS RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. r KENIPON DORNAY MARSHA - MICHAEL R. KENYON MARGITA A. DORNAY LISA M. MARSHALL ROBERT F. NOE BRUCE L. DISEND HEARING DATE: STAFF CONTACT: FILE NUMBER: APPLICANT: REQUEST: LOCATION: RECOMMENDATION: ATTACHMENTS: THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 STAFF REPORT TO THE HEARING EXAMINER CITY OF TUKWILA August 15, 2000 Robert F. Noe, City Attorney None - Appeal of Business License Denial Ray Stebbins d/b /a A to B Auto Appeal of Notice of Denial SANDRA S. MEADOWCROFT SIMON STOCKER ELIZABETH A. ABBOTT AARON J. WOLFF STEVE C. KARIMI GARTH A. AHEARN STEPHEN R. KING CITY OF RENTON AUG 1 1 2000 RECEIVED CITY CLERK'S OFFICE 14621 Tukwila International Blvd., Tukwila, Washington Deny the appeal. A. Application for 2000 City Business License B. Tukwila Municipal Code ( "TMC ") 18.22 C. City Clerk's Notice of Denial D. Appeal E. 1997 City Business License F. 1997 Application for a new City Business License based on the new location of the A to B business G. New 1997 City Business License F:\ APPS \MUNI \RFN \LT06949.rfn /rfn /081000 / /d1 SERVING WASHINGTON CITIES SINCE 1993 RETURN COPY w f' • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LAW FIRM 1 1 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 24 (including cover sheet) SENT BY: Sheryl Loewen DATE SENT: August 10, 2000 TO: Fred J. Kaufman FIRM: Hearing Examiner, City of Tukwila FAX NUMBER: 425- 430 -6523 PHONE NUMBER: FROM: REGARDING: COMMENTS: Robert F. Noe Ray Stebbins d/b /a A to B Auto - Appeal of Business License Denial Staff Report to the Hearing Examiner following. Original will be delivered by legal messenger. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and return the original message to us at the address above via the U.S. Postal Service. Thank you. HP Fax Series 900 Plain Paper Fax /Copier • • Fax History Report for KDM Law Firm 425 392 7071 Aug 10 2000 1 :37pm Last Fax Date Time Type Identification Duration Pages Result Aug 10 1:26pm Sent 4254306523 11:23 24 OK Result: OK - black and white fax Last Day Date / Time Firm Name Kenyon Dornay Marshall, PLLC Phone 425 - 392 -7090 Attorney rfn Address 11 Front Street South, Issaquah, WA 98027 -3820 Secretary sal Case Name City of Tukwila adv. Ray Stebbins d /b /a A to B Auto ABC Client # 65370 Cause Number N/A Client Matter Number 103.0000 Date Aug 10, 2000 12:34 PM Documents Staff Report to the Hearing Examiner with attachments ignaturre Rec uire Documents ]Return fo meted E G Slip Only �Retum onformed C nginal Do NNot F Other Instructions Scott M. Missall Short, Cressman & Burgess PLLC 999 Third Avenue, Suite 2525 Seattle, WA 98104 -4089 RECF V°.D AUG 1 1 2000 SNORT CFESSM 5t1RuESS. PLLC "Pi! Superior rCaurt District Courtt• Auditor (IncJcate District)y „ Sea hTac State iSupreme fnth rL+Yn PROPER USE OF MESSENGER SLIPS: preparation and final checking of returns!! If for any reason you are confused as to the proper manner in which this messenger slip should be filled out when conveying your specific request instructions...PLEASE consult the Instructions option for pertinent information that should assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out messenger slips... including filings not marked in the proper and designated filing boxes, etc. This new messenger slip is designed for your convenience and to help insure accuracy. It is essential that the various boxes be utilized for the purpose for which they were designed. By doing this you will greatly help ensure that your requests are completed timely and accurately. These messenger slips are double- checked for the accuracy with which each request was completed. However, remember, IT IS EXTREMELY IMPORTANT THAT THIS MESSENGER SLIP ALSO BE CHECKED BY OUR CLIENTS UPON IT'S RETURN TO MAKE CERTAIN ALL DELIVERY INSTRUCTIONS WERE FOLLOWED AND COMPLETED AS REQUESTED. IF THERE IS ANY QUESTION WHATSOEVER THAT A REQUEST WAS NOT COMPLETED PRECISELY AS YOU INDICATED CALL OUR OFFICE IMMEDIATELY. • KFNYON DORNAY MARSHALL PLLC MICHAEL R. KENYON MARGITA A. DORNAY LISA M. MARSHALL ROBERT F. NOE BRUCE L. DISEND THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392-7090 (206) 628 -9059 FAX (425) 392 -7071 STAFF REPORT TO THE HEARING EXAMINER CITY OF TUKWILA RECEIVED SANDRA S. MEADOWCROFr AUG). 1 NAV STOCKER LIZABETH A�.' ABBOTT Jni-R v`CJJ..iri: &4 .1,`I OLFF STEVE C. KARIMI GARTH A. AHEARN STEPHEN R. KING HEARING DATE: August 15, 2000 STAFF CONTACT: Robert F. Noe, City Attorney FILE NUMBER: None - Appeal of Business License Denial APPLICANT: Ray Stebbins d/b /a A to B Auto REQUEST: Appeal of Notice of Denial LOCATION: 14621 Tukwila International Blvd., Tukwila, Washington RECOMMENDATION: Deny the appeal. ATTACHMENTS: A. Application for 2000 City Business License B. Tukwila Municipal Code ( "TMC ") 18.22 C. City Clerk's Notice of Denial D. Appeal E. 1997 City Business License F. 1997 Application for a new City Business License based on the new location of the A to B business G. New 1997 City Business License F:\ APPS \MUNI \RFN \LT06949.rfn /rfn /081000 / /dl SERVING WASHINGTON CITIES SINCE 1993 RETURN COPY • • KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LA w FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 FACSIMILE TRANSMISSION FORM NUMBER OF PAGES: 24 (including cover sheet) SENT BY: Sheryl Loewen DATE SENT: August 10, 2000 TO: Scott M. Missall FIRM: Short, Cressman & Burgess, PLLC FAX NUMBER: 206 - 340 -8856 PHONE NUMBER: 206 - 682 -3333 FROM: REGARDING: COMMENTS: Robert F. Noe Ray Stebbins d /b /a A to B Auto - Appeal of Business License Denial Staff Report to the Hearing Examiner following. Hard copy will be delivered by legal messenger. Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 -7090, and return the original message to us at the address above via the U.S. Postal Service. Thank you. HP Fax Series 900 Plain Paper Fax /Copier • • Fax History Report for KDM Law Firm 425 392 7071 Aug 10 2000 1:50pm Last Fax Date Time Type Identification Duration Pages Result Aug 10 1:39pm Sent 2063408856 11:15 24 OK Result: OK - black and white fax 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • IkCEIVEb BY AUG 1 5 2000 BEFORE THE HEADING EXAMINER FOR THE CITY 9F 14111)0WIltiliay Marshall, PLLC RAY STEBBINS, d.b.a. A TO B AUTO, Appellant, APPELLANT RAY STEBBINS' PREHEARING MEMORANDUM v. CITY OF TUKWILA, Res • ondent. I. SUMMARY OF APPEAL Appellant Ray Stebbins, d.b.a. A to B Auto, seeks dismissal of the City of Tukwila's February 25, 2000 Notice of Denial because A to B Auto's business has been historically permitted by the City, conforms to the applicable regulations of the City, and has been conducted with the full knowledge and approval of the City. A to B Auto is comprised of three business components: automobile sales, automobile rentals, and a park and ride lot (for shuttle trips to the airport). The Notice of Denial purports to deny Mr. Stebbins' 2000 business license application for all three business components. However, the Notice clearly states that "Auto sales are permitted in this [NCC] zone ", thus recognizing (and administratively ruling) that at least the automobile sales portion of Mr. Stebbins' business is a permitted use under the Code. The Notice of Denial, and this appeal, thus concern only the right of Mr. Stebbins' to continue operating the automobile rental and the park and ride lot components of his business. For the reasons set forth below, the Hearing Examiner should dismiss the Notice of Denial and direct the City to issue Mr. Stebbins' 2000 business license. LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 1 SEATTLE, WASHINGTON 98104-408S 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • II. BACKGROUND FACTS Our investigation reveals that the City was aware of and had approved, since at least 1997, the current business operations ofA to B Auto at its present location (14621 Tukwila International Blvd.), and that such approvals were considered to be correct and appropriate. The principal facts supporting this conclusion include the following: (1) The original 1996 and 1997 applications for City business licenses each identified the three A to B Auto business activities as "sales, rental, parking." Those applications were accepted and approved by the City. All of Mr. Stebbins' annual applications and licenses from 1996 to 2000 are attached to this letter as Exhibit A. Two prior applications (1992 and 1993) are also attached in Exhibit A. The City admits that it issued these permits (with the exception of year 2000) in its August 10, 2000 staff report. (2) On December 6, 1998 Mr. Stebbins applied for a parking license to conform with the City's new taxing ordinance. The City issued a parking license to Mr. Stebbins for the operation of his park and ride lot on December 11, 1998. Thereafter, Mr. Stebbins regularly paid taxes to the City on the park and ride lot. The parking application, license and one of Mr. Stebbins' recent monthly parking tax payments (in the amount of $542.30) are all attached to this letter as Exhibit B. The City admits that it issued the parking permit and has accepted tax payments from Mr. Stebbins in its August 10, 2000 staff report. (3) Mr. Stebbins has always had a sign at his business location advertising the automobile sales, rental and park and ride components of his business. The City recently approved a new sign for A to B Auto, which again clearly identified the three business activities. The City did not address those facts in its staff report, and has failed to provide any documents to Mr. Stebbins LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 2 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101'/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • about the most recent approval, despite two requests for such documents under RCW Chapter 42.17, the Public Records Act. See letters included in Exhibit C. (4) Mr. Stebbins pays a substantial amount of money each month in advertising for his business. A selection of recent monthly expenses (totaling over $1000) and other bills is attached at Exhibit D. (5) City correspondence is attached as Exhibit E, demonstrating that the City has long interpreted its own zoning code to allow a park and ride lot and automobile rentals as part of Mr. Stebbins business activities. Mr. Stebbins has been operating A to B Auto pursuant to what he justifiably believed was the full and complete approval by the City. That approval was manifested by the various permits granted by the City, and its continuing acceptance of B &O tax payments, parking tax payments, license fees, permit fees, and other sums. In reliance on those approvals, Mr. Stebbins has spent (and continues to spend) a good deal ofmoney advertising his business in a variety of print and other media. Mr. Stebbins is a sole proprietor and operates A to B Auto to provide the livelihood for his family. Through diligent work he has built up a loyal client base for his business, and routinely receives requests for shuttle lot reservations which generally extend about six months into the future. His business currently conforms with the applicable City codes, and to the extent there is any question about that conformance following the hearing, the Examiner should direct that the City simply issue formal acknowledgments of the de facto approvals it has already granted. A to B Auto is located on the edge of the Neighborhood Commercial Center ( "NCC ") zone, fronting on Pacific Highway South, and immediately adjacent to the Regional Commercial ( "RC ") zone to the south. A High Density Residential ( "HDR ") zone is located across Pacific Highway South. LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 3 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • III. ARGUMENT A. Issues There are only two issues presented in this case: (1) May Mr. Stebbins continue to operate his automobile rental and the park and ride components of his business as he has done for past four years; and (2) is the City precluded from asserting that such activities do not now qualify as legal actions under its zoning regulations? B. Burden of Proof In an administrative hearing, the quantum of proof is generally held to be a preponderance of the evidence. Nguyen v. State, Dept. of Health Medical Quality Assur. Comm'n, 99 Wn.App. 96, 102, 994 P.2d 216 (1999) ( "The ordinary burden of proof to resolve a dispute in a civil administrative proceeding is by a preponderance of the evidence unless otherwise mandated by statute or due process. "). As the charging party, the City bears the burden of proving that its alleged violation is correct. See, e.g., Diehl v. Mason County, 94 Wn.App. 645, 652, 972 P.2d 543 (1999) ( "The burden of proof at the [Growth Management Hearings] Board level is on the party alleging noncompliance. "). Unless the City meets that burden, Mr. Stebbins must be allowed to continue operating his business as previously permitted by the City. In this hearing, the Examiner must require that the City prove its allegations about he legality of Mr. Stebbin's business licence by a preponderance of the evidence. If the City does not do so, the Examiner must reject the Notice of Denial. Tukwila Municipal Code ("TMC") 8.45.090. Even if there is some proof which the Examiner finds sufficient, he has the ability to modify the Notice of Denial as appropriate. Id. The evidence and the law, as set forth herein, warrant dismissal of the Notice of Denial. The City argues in its staff report that it is also challenging Mr. Stebbins right to operate his automobile sales business. However, that aspect of his business was expressly sanctioned in the City's Notice of Denial. See Section I above and Exhibit G, attached. LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 4 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • C. Application of Zoning Regulations A to B Auto is located in the City's Neighborhood Commercial Center ( "NCC ") zone district, adjacent to Tukwila International Blvd. and adjacent to the Regional Commercial ( "RC ") zone district. Tukwila Municipal Code ( "TMC ") Chapter 18.22 describes the NCC district and indicates that the disputed components of Mr. Stebbins' business activities (automobile rental, and the park and ride shuttle lot) are either permitted uses, accessory uses, or conditional uses for that zone district. Each of the two disputed business activities are discussed below. 1. Automobile Rental Use First and foremost, the City has no objection to Mr. Stebbin's continuing use of his location for automobile sales. There is no meaningful distinction the City can make (either legally or practically) between operating an automobile sales business and an automobile rental business at the same location -- especially when the principal use of the site for automobile sales has already been approved by the City. For example, both activities require a sign; a sales office; parking areas for cars and customers; employees to sell or rent the cars; an inventory of automobiles; a shop for maintenance and repair of the vehicles; and customer visits. There is no rational basis on these facts for the City to allow one use but not the other. Any attempt to do so would be an arbitrary and capricious decision. Second, the applicable NCC regulations allow as permitted uses a number of activities that are similar to or comprise component aspects of an automobile rental use. TMC 18.22.020. These include automotive services (item 2), repair and rental shops (item 15), offices for business, travel, real estate, and wholesale and retail commercial uses (items 22 and 34), and retail sales of automobile parts and accessories (item 28). All of these comprise, to one degree or another, the same component parts of both an automobile sales use and an automobile rental use. LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 5 SEATTLE, WASHINGTON 981044088 287101.1/65J1011/019771.0000I (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • Third, TMC 18.22.020(35) authorizes the director to allow "other uses not specifically listed in this title" if they are similar in nature to other uses in the district, consistent with the purposes of the district, and consistent with the policies of the comprehensive plan. As noted above, automobile rental is necessarily similar to automobile sales, not to mention many of the other permitted uses allowed in the NCC zone. It is certainly consistent with the stated purpose of the district (TMC 18.22.010) which allows for "a diverse mix of uses ... generally along a transportation corridor." The Tukwila Comprehensive Plan does not reveal any policies which are inconsistent with allowing an automobile rental use in the NCC zone.2 2. Park and Ride Use This component of Mr. Stebbins' business is easily recognized as a fully lawful and consistent use in the NCC zone district.' First, TMC 18.22.030(5) specifically authorizes "parking areas" as an accessory use to a permitted use. Given that automobile sales (without any dispute) is a permitted use, an attendant parking area for vehicles is clearly permitted. This is even more apparent when the automobile rental component is included in the analysis. Second, and perhaps more importantly, TMC 18.22.040(6) specifically identifies "park and ride lots" as a conditional use in the NCC zone.4 If there is any question in the Examiner's mind about the legitimacy of this portion of his business, Mr. Stebbins should be allowed to submit an application for a conditional use permit to validate the existing use. 2 If the Examiner does not agree that the automobile rental business is allowed outright for the reasons set forth above, it should modify the Notice of Denial and require the director to grant the use under the provisions of TMC 18.22.020(35). 3 Notably, the City's staff report simply ignores all of the regulations discussed in this section. 4 This may explain why the City originally authorized the use in 1997, issued a parking lot permit to Mr. Stebbins, and has collected parking taxes ever since. At best, the City on this point simply failed to notify Mr. Stebbins of the need to obtain a conditional use permit before it allowed him to operate that use. LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM -- 6 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • Because the City has already allowed the use to operate for nearly 5 years, the submittal of a conditional use permit application would simply comprise a request to continue the same business activity. Given the facts of this case, there would be no legal or factual basis for the City to reject such an application. Third, TMC 18.22.050 authorizes unclassified uses within the NCC zone. Of the seven listed unclassified uses, "mass transit facilities" (item 7) is very similar to a park and ride shuttle lot use. The components of a park and ride shuttle lot are substantially the same in kind (although of a decidedly lesser degree) as the components of a mass transit facility: transit riders come to a central location in their cars, park them, and then take multi -rider transit to another location. The only significant difference is that a park and ride lot is less intensive than a mass transit facility. Fourth, the director is once again authorized to permit other uses not specifically listed if they meet the criteria previously discussed. Here, if the Examiner does not agree that the park and ride shuttle business is allowed outright for the reasons set forth above, he should first allow Mr. Stebbins to submit a conditional use permit application for that business and obtain formal City approval. The Examiner also could require the director to grant the use under the provisions of TMC 18.22.020(35). D. General Rule When Existing License Challenged The general rule which applies in cases like this is set forth in 9 McQuillan, Municipal Corporations, §26.81.10 (3`d ed.): A license or permit cannot be revoked arbitrarily without cause or without authority of law, especially where on the faith of it the owner has incurred material expense. Similarly, "a license once granted may not normally be revoked at the mere option or whim of the licensor." Id. at §26.81.20. When a license holder has put substantial work or money into a business in reliance on the license issued by the municipal authority, the rule is stated as follows: LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 7 SEATTLE, WASHINGTON 98104 -4088 287101.1/651101! /019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • Substantial work done, expenditures made or obligations incurred under a license or permit, or other substantial change of position, generally will protect a licensee or permittee against a revocation of a license or permit, especially where the business, activity or thing licensed is lawful, and useful or harmless in character and beyond municipal power to prohibit completely. Id. at §26.82. These rules have application to this case directly, and through the principles of equitable estoppel. E. The City is Estoppel From Terminating the License The City argues that estoppel cannot prevent the City from enforcing its licensing regulations, citing Dykstra v. County of Skagit, 97 Wn.App. 670, 985 P.2d 424 (1999). Dykstra turned, however, on the misinterpretation (or erroneous prior application) of zoning regulations. In Mr. Stebbins' case, the Tukwila code allows his business activities, and have been properly (if not quite formally) applied to his business. See Section III.0 above. Under these circumstances, the rules cited in McQuillan apply. See Section III.D; 9 McQuillan, §26.82, which emphasizes: Otherwise stated, a license or permit which has been acted upon cannot be revoked so as to deprive the licensee of the benefit of his or her expenditures or labor, especially where he or she has not done anything in violation of law or of the terms and conditions fo the permit. Moreover, estoppel "will be applied against state or local governments only when necessary to prevent a manifest injustice, and the exercise of governmental powers will not thereby be impaired." Concerned Citizens of Hosp. Dist. No. 304 v. Board of Comm'rs of Public Hosp. Dist. No. 304, 78 Wn.App. 333, 343, 897 P.2d 1267 (1995). Manifest injustice will surely result in this case if the City's wish is granted. Mr. Stebbins has relied on and acted in accordance with the City's ongoing approvals for several years. He has not done anything contrary to law. Divesting him of his property right in continuing his lawful business will deny him the opportunity to earn his livelihood. Given the conformity ofhis business activities with the City's regulations (see Section III.0 above), allowing that continuation would certainly not impair, in any meaningful sense, the City's LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 8 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • enforcement authority (especially when his business meets a fair reading of the requirements of the Tukwila Code). Mr. Stebbins is conducting his business in conformance with long- standing City approvals and the intent of the City code. Under those facts, the City is estopped from asserting that Mr. Stebbins' license cannot be renewed. The elements of estoppel are well - stated in Cotton v. City ofElma, 100 Wn.App. 685, 696 -97, 998 P.2d 339 (2000): A party alleging equitable estoppel must prove: (1) an admission, statement or act inconsistent with a claim later asserted; (2) reasonable reliance on that admission, statement, or act by the other party; and (3) injury to the relying party if the court permits the first party to contradict or repudiate the admission, statement or act. Department ofEcology v. Theodoratus, 135 Wash.2d 582, 599, 957 P.2d 1241 (1998). "Equitable estoppel is not favored, and the party asserting estoppel must prove each of its elements by clear, cogent, and convincing evidence." Henderson Homes, Inc. v. City of Bothell, 124 Wash.2d 240, 249, 877 P.2d 176 1994 (citing Chemical Ban v. WPPSS, 102 Wash.2d 874, 905, 691 P.2d 524 (1984)). As to the first element, Mr. Stebbins holds business licences, parking licences, tax statements and other documents all issued by the City, and all authorize his business activities. As set forth in Section III.0 above, his activities are also consistent with the code. The City Clerk is charged with issuing those approvals and did so in the course of his/her duties. This falls squarely within the rule of Choi v. City of Fife, 60 Wn.App. 458, 803 P.2d 1330 (1991), in which estoppel was denied only because the City Mayor's action was held to be ultra vires.5 5 "The Jakutises argue that the City is estopped from denying the nonconforming use because the Mayor authorized such use in his letter of April 11, 1988. They cite Shafer v. State, 83 Wash.2d 618, 521 P.2d 736 (1974), which holds that the doctrine of estoppel can be applied to the acts of a municipality in certain circumstances. However, they overlook the well - established line of cases holding that the doctrine of equitable estoppel will not be applied to a governmental body where the act giving rise to the alleged reliance was ultra vires or void. State v. Adams, 107 Wash.2d 611, 615, 732 P.2d 149 (1987); Washington Educ. Ass'n v. Smith, 96 Wash.2d 601, 610, 638 P.2d 77 (1981); Hite v. PUD 2, 51 Wash.App. 704, 709, 754 P.2d 1274 (1988); Arbogast v. Westport, 18 Wash.App. 4, 7, 567 P.2d 244 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 9 SEATTLE, WASHINGTON 98104 -4088 287101.1/651101! /019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • The actions taken by the City in approving Mr. Stebbin's business are clearly inconsistent with the City's subsequent issuance of a Notice of Denial that would shut down Mr. Stebbin's livelihood. Element (1) of a defense of estoppel is clearly met. As to the second element, Mr. Stebbins obviously (and reasonably) relied on the City's approvals and actions to establish and operate his business. He has spent thousands of dollars over the years advertising his business, hiring employees, paying taxes to the City (and state and federal governments), and even installed a new sign (again, with express City approval). He holds advertising contracts for his business, and has routinely accepts reservations for his park and ride shuttle lot up to six months in the future. These are all reasonable actions taken in reliance on the City's past actions, and fall within the rules enunciated in McQuillan, cited in Section M.D. Element (2) of a defense of estoppel is clearly met. As to the third element, Mr. Stebbins will suffer grievously if his business is shut down by the City. Mr. Stebbins operates his business to provide for himself and his family. The challenged portions of his business (automobile rental and the park and ride shuttle lot) provide the greatest financial return for his labors. If he is not able to continue those aspects of his work, he will not be able to meet his financial obligations to his landlord, his obligors, nor to his family. Element (3) of a defense of estoppel is clearly met. F. Mr. Stebbins' License is Protected by Vested Rights In Norco Const., Inc. v. King County, 97 Wn.2d 680, 684, 649 P.2d 103 (1982), the Washington Supreme Court recognized that certain land use activities were governed by the "vested rights" doctrine: Washington does adhere to the minority rule that a landowner obtains a vested right to develop land when he or she makes a timely and complete building (1977). Nothing in the Fife Municipal Code gives the mayor the authority to unilaterally allow the continuation of a nonconforming use beyond the time limits set forth in section 19.76.040D. Only the Fife City Council has the authority to amend the Code. The mayor's acts were ultra vires and the City is not estopped from denying the nonconforming use." Choi v. City of Fife, 60 Wn.App. at 464 -65 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 10 SEATTLE, WASHINGTON 98104 -4088 287101.1/65)1011 /019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • • permit application that complies with the applicable zoning and building ordinances in effect on the date of the application. Hull v. Hunt, 53 Wash.2d 125, 331 P.2d 856 (1958); State ex rel. Ogden v. Bellevue, 45 Wash.2d 492, 275 P.2d 899 ( 1954). See Comment, Washington's Zoning Vested Rights Doctrine, 57 Wash.L.Rev. 139 (1981). Our vested rights rule also has been applied to building permits, Ogden, supra; Hull, supra; conditional use permits, Beach v. Board of Adjustment, 73 Wash.2d 343, 438 P.2d 617 (1968); a grading permit, Juanita Bay Valley Community Ass'n v. Kirkland, 9 Wash.App. 59, 510 P.2d 1140 (1973); and a substantial development permit, Talbot v. Gray, 11 Wash.App. 807, 525 P.2d 801 (1974). The important point here is that this doctrine has been applied to conditional use permits. In Mr. Stebbins case, he has been operating the park and ride portion of his business in conformance with the City's requirements and with the City's express approval. He should be "vested" with the right to continue that aspect of his business, even if the formal step of issuing a conditional use permit is subsequently deemed necessary to clam the status of that use. This principle was recognized in the context of a building permit in Teed v. King County, 36 Wn.App. 635, 643 -44, 677 P.2d 179 (1984): Under the "vested rights" doctrine, issuance of a building permit is a ministerial act for which mandamus will lie where compliance with the then existing zoning regulations is shown. State ex rel. Craven v. Tacoma, 63 Wash.2d 23, 27, 385 P.2d 372 (1963); see Parkridge v. Seattle, 89 Wash.2d 454, 465, 573 P.2d 359 (1978). The rationale underlying the doctrine is that [a] property owner has a vested right to use his property under the terms of the zoning ordinance applicable thereto. A building or use permit must issue as a matter of right upon compliance with the ordinance. The discretion permissible in zoning matters is that which is exercised in adopting the zone classifications with the terms, standards, and requirements pertinent thereto, all of which must be by general ordinance applicable to all persons alike. The acts of administering a zoning ordinance do not go back to the questions of policy and discretion which were settled at the time of the adoption of the ordinance. Administrative authorities are properly concerned with questions of compliance with the ordmance, not with its wisdom. (Citations omitted.) State ex rel. Ogden v. Bellevue, 45 Wash.2d 492, 495, 275 P.2d 899 ( 1954); see Comment, Washington's Zoning Vested Rights Doctrine, 57 Wash.L.Rev. 139 (1981). LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 11 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • IV. WITNESSES Mr. Stebbins intends to call the following witnesses to offer testimony in support of his position: 1. Mr. Ray Stebbins 2. Timothy M. O'Brien, Mr. Stebbins' landlord 3. Members of the City of Tukwila staff Mr. Stebbins reserves the right to add witnesses to this list, to present witnesses listed or called by the City, and to present rebuttal witnesses. V. EXHIBITS Mr. Stebbins may present any or all of the following exhibits in support of his position: 1. Applications and licenses from 1992 through 2000. 2. Parking application, permit and receipts. 3. Letters from Scott M. Missall to City Attorney Robert Noe. 4. Correspondence and notes by City personnel. 5. Notice of Denial of Mr. Stebbins' 2000 Business License. 6. City of Tukwila Zoning Map, Zoning Regulations, and Comprehensive Plan. Mr. Stebbins reserves the right to present other and further evidence pertinent to his defense, and to present or challenge any evidence proposed by the City. / / / / / / /// / / / / / / /// / / / / / / /// / / / / / / /// / / / / / / /// / / / / / / /// LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 12 SEATTLE, WASHINGTON 98104 -4088 287101.1/65J101!/019771.00001 (206) 682 -3333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • VI. CONCLUSION For the reasons set forth above, Mr. Stebbins asks that the Examiner dismiss the City's Notice of Denial, affirm his continuing right to continue to operate all three business components of A to B Auto, and direct that the City issue his 2000 business license. DATED this 11T4 day of August, 2000. SHORT CRESSMAN & BURGESS PLLC By Attachments Scott M. Missall, WSBA No. 14465 Connie Sue Martin, WSBA No. 26525 Attorneys for Appellant Ray Stebbins, dba A to B Auto LAW OFFICES SHORT CRESSMAN & BURGESS PLLC APPELLANT'S 999 THIRD AVENUE, SUITE 3000 PREHEARING MEMORANDUM — 13 SEATTLE, WASHINGTON 98104 -4088 287101.1/65.1101f/019771.00001 (206) 682 -3333 EXHIBIT A CITY OF TUVILA 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1800 Ap_:ation for City Business License 1992 Please provide the following information. Incomplete applications will NOT be accepted. I This is an APPLICATION ONLY, and NOT a license to conduct business. 1 You must obtain a business license prior to conducting business. ONLY Received by: Business License: 21‘ENEWAL • NEW Application Date: Business Name Mountain View Motors Local Street .. 14621 Pacific Hwy S Address Tukwila WA 98188 Local P. O. Box, if applicable Corporate Addre s: ,,��77 / _ C/ a 16Ob 1 q-pT/, 'el/C. 9 ?z �4,s raj gr2: , `�. ✓W -LA.• h- £ (r fa/g9 Business Phone: 411-14,9 Corporate Phone: S73-- YO/ 3, Local manager (include name and home phone): Indicate ownership status: � ndividual ■ Partnership ❑ Corporation ❑ Non - profit List ow rs, oartnee s or officers Title Residence Address City /State /Zip Phone _ ' o if T r /.Zt et-je_ f ck..v 2 Is your Door -to -door solicitation? 6 ❑ Yes business: Contractor based outside City? loo ❑ Yes If "Yes ", show lobelia address in space below' Operated from your Tukwila residence? C�-Wo ❑ Yes If "Yes ", read Information on reverse side and sign Any gambling and /or gambling devices on premises? laill-e" ❑ Yes Any amusem t devices on premises? • •- ❑ ■Yes No. of devices: — Description of business (give details; also, list types of products sold or stored): Used Car Sales Size of floor space used: sq. ft. Opening date of business at this location: 02/00/91 Total employees at Tukwila location, incl. management: Full -time: Z.-Part-time: / Number of employees in each type of employment: Office: Retail: Wholesale: Manufacturing: Warehousing: Other: Do you use /store /discharge flammable or hazardous materials? ❑ No ❑ Yes If "Yes ", state type and quantity: In case of emergency, notify: Phone 1. 2. Renewal �+ Show 1991 City of Tukwila Business License No.: 91 -1259 If business name has changed in past year, list former name: Is your business use different than the New business ■+ previous use of this building /space? • No • Yes If "Yes ", what was the previous use of this building /space? WIII there be: any construction or remodeling? o ❑ Yes installation of commercial storage racks? No 0 Yes a change of signage? alb ❑Yes if Yes "■ Appropriate building pemits MUST be obtained prior to start of construction or rack lnstallatlon. Sep a sign pemiltsrrequlred Copies of the final approved permits MUST accompany this application il.i OFFICE USE Date: q �— ONLY Received by: LICENSE FEE o to 5 $5•.00 (based on number 6 to 100 • •. • • of employees) 101 and above $200.00 Paid: ❑ Cash $..Check No.: 35 75 Receipt No.: / 6646(e Washington State Sales Tax Number C 600 576 209 or UBI Number: Building: • Building /sign permit attached Planning: Zoning designation: / certl the Information contained herein is correct. 1 d rstand that an untrue statement is cause • revocation • f my license. Police: Fire: Si•/ 1 . Date issued: / ,c2 _ 1 P aryQ , (-Jr -a-, ltt d 1992 License No.: 1A-1 O cb itle /Office: 66,A1 ' Please return completed application with fee to Tukwila City Hall al address shown above, Attention: City Clerk's Office t/ City Of Tuoila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2544 (206) 433 -1800 Appliltion for 1993 City Business License Please provide the following information. incomplete applications will NOT be accepted. This is an APPLICATION ONL Y, and NOT a license to conduct business. You must obtain a business license prior to conducting business. 1 Business License: ❑ RENEWAL ' N EW Application Date: ^ ,2 0-0(3 Business Name < C - r 7T00 Local Street //� I , 1 Address 4t l L(C� 2 ( PC{ G t'/ "" S� Cwt (Be sure to include zip / node+ 4 -digit extension) "(, illai' i [Js/ /_ g — 41_32-1 Local P. O. Box, if applicable ( CSC Corporate Address: �4/I�nn�ii,, 5 t ed a d19�--� . �. pad Ct Business Phone: 34 -r Corporate Phone: Local manager (inclu a name and home phone): Ct/l^dice 11 / le3— 3-45- 3 7 Indicate ownership status: ❑ Individual • Partnership ❑ Corporation • Non - profit List owners, partners or officers: Title Residence Address City /State /Zip Phone er /( / (kv Ok4,97e1,- 2/y3750/6Ca* 547ac._ 33-?67 Is your Door -to -door solicitation? J$-No • Yes business: Contractor based outside City? • /I No • Yes If "Yes ", show Jobslte address in space below Operated from your Tukwila residence? ,S) No ❑ Yes If "Yes", read Information on reverse side and sign Any gambling and /or gambling devices on premises? ytNo ❑ Yes Any amusement devices on premises? . No ❑ Yes No. of devices: ... Description of business (give details; also, list types of products sold or stored): 60 1,.k. GN4-3 . r.VtCo — 7; II- Will retail sales be conducted? ❑ Yes,No Size of floor space used: 3 75 sq. ft. Original opening date of business in Tukwila: 5--- '—F3 Total employees at Tukwila location, incl. management: Full -time: Part-time: )5efr Number of employees in each type of employment: Office: ' Retail: 1 Wholesale: Manufacturing: Warehousing: Other: Do ou use /store /discharge flammable or hazardous materials? No 0 Yes If "Yes ", state type and quantity: In case of emer envy, no 1.GiH� j / /e�-- Y..ote/r X� / /cr €y207 2. o,veL. /le / %,— ,7c2..75141/ Renewal moo Show 1992 City of Tukwila Business License No.: If business name has changed in past year, list former name: Is your business use different than the New business No previous use of this building /space? ❑ No Al Yes If "Yes ", what was the previous use of this building/space. L(110U.V1- 1'GL(,,1/1 VI eAA) n r5 //5 t.- So 1.)" s Is there currently in progress, or will there be: any construction or remodeling? No • Yes installation of commercial storage racks? No ❑ Yes a change of signage? ,fit No ❑ Yes If Yes am■ Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. .. " ` -' ' ` '` LICENSE FEE (based on o to 5 $50.00 ' Date: g �O ��� Received by: number of employees) • 6 to 100 $ CHECK ONE a► ❑ 101 and above $200.00 Paid: Cash ❑ Check No.: Receipt No.: Washington State Sales Tax No. or UBI Number: (, 0I 03,1 3 Building: ❑ Building /sign •: mit : ttached Planning: ,(gyy1 G?1 ! Cr I , , , ` J / Zoning designation: C— p_.... 1 certify the information contained herein is correct. I understand that any untrue statement Is cause for revocation of my license. Police: Fire: Si natur- Date issued: III� 9 O7 93 Print Name: h Of / 3 , /L° 1993 License No.: q.5—,21 q Title /Office: , - - - -, Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office 6200_.Southcenter r- levard Tukwila, Washing. 98188 -2599 (206) 433 -1800 city business License FILL plik.JS FORM IN ITS ENTIRETY INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED This is an APPLICATION ONLY; and NOT a license to conduct busRECEIVED- You must obtain a business license PRIOR to conducting business. • - ALL LICENSES EXPIRE DECEMBER 31a . OCT 1 6 199 Business License: ❑ RENEWAL NEW Application Date: iP it, /9 f.„ COMMUNITY Corporate Address: DEVELOPMENT , 7 Business Name Local Street /-D/ l-„Iw Y Address /5695g r 9.-' � (Be sure to include zip �(f �/� ! 1� (�� f�-b�� code+ 4 -digit extension) lqI 42 Local PO box & zip, if applicable Business Phone: ZUG-, G2V2 -39" G Y Corporate Phone: Local man r (include name and home phone): Indicate ownership status: v'fndividual • Partnership ❑ Corporation ❑ Non - profit P • my 57 /1� S (z..) 2i1/ -3955 List owners, partners or officers: Title Residence Address City /State /Zip Phone pw' - fa %y . 125 t c� ? -zY 3 ?55 S ke` .j C: -AT7-L (1v(4- 9,g/9 5 Is your Door -to -door solicitation? o ❑ Yes business: Contractor based outside City? • Yes If "Yes", show jobsite address in space below Operated from your Tukwila residence? Colo ❑ Yes If "Yes'; read information on reverse side and sign1Vo Any gambling and/or gambling devices on premises? frI7lo • Yes Any amuse, ment devices on premises? ❑Yes No. of devices: Description of business (give details; also, list types of pro old or stored: Aug) CCR M7/!L, 6;94t3 71)04km/e Will retail sales be conducted? V'es ❑ No Ai S;' =,:_s .. -«.«', Size of floor -space used: 71`®o sq. ft. Original opening date of,: business in Tukwila: - /- /- 9 Total employees at Tukwila location, includ. management: Full -time: Part-time: Number of employees in each type of employment: Office: Wholesale: Manufacturing: Warehousing: Other. Do you use /store /discharge flammable or hazardous materials? ahlo ❑Yes If "Yes ", state type and quantity: In case of emergency, notify: Phone 1. v. ?i+y 5/?89 .rs - inaikec� 5/W6 "'s 240_-39'55 A 2• gALt/1 511-86/r15 Zg:'4- 'Y/7 y- 279'5 Are you PRESENTLY doing any: construction or remodeling ? No Yes installation of commercial storage rack . ZNo ` Yes change of signage? g--No ❑ Yes / If Yes •) Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Renewal Show 1995 City of Tukwila Business License # If business name has changed in past year, list former name: Is your business use different than the New business "► previous use of this building /space? "Yes ❑. No No. of CTR "affected employees" at the site for which this business license application is filed: (Read CTR information on reverse side) , :* -.OFFICE USE-ONLY. '_: ::': = ?.`_ "' " " LICENSE FEE (based on J 0 to 5 $50.00 number of employees) ` 6 to 100 • 411.00 CHECK ONE IN■ C. 101 and above $200.00 Date: / f Il° /q ' Received by: Paid: Cash �i Check No.: Receipt pt No.. L/ Tv 2'% - WA State Sales Tax No. or � O 1 3 7�' 7(0"--/ UBI number (1 letter + 9 digits): Building i // `' B ' ding /s gn per "'t attached Planning: ! G f- 3/-% Zoning designation: R--.C--- 1 certify the information contained herein is correct. 1 understand that any untrue statement is cause for revo ion of my II Qnse. Police: Fire: Signature: / //f. Date issued: /417 % ( Print Name: .� 1/ _ i EB 8 I /4 S 1995 License No.: `-S Title /Office: 0 L'2'NE-7-.. — Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office City of Tl ` �i'ta 6200 Southcenter Bou evard Tukwila, Washington 98188 -2599 (206) 433 -1800 This is an APPLICATION ONLY, and NOT a license to conduct business You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3151 AppliwiT3n tor lVV/ City Bieness License • FILL OUT THIS FORM:IN. ITS; ENTIRETY INCOMPLETE APPLICATIONS. WILL','NOT BE ACCEPTED. Business License: 0 RENEWAL O NEW Application Date: -: ;. • :';.! Business Name ^ ,rz) 5g Corporate Address: tn Street Address Addr /Y6 21 P �y � (Be sure to include zip code+ 4 -digit extension) (2/ jcot ' t ) .4 Local PO box & zip, if applicable )5/k ,i+5 g li Business Phone: j,06, (.21/2-3e6 Corporate Phone: Local manager include name and home phone): Indicate ownership status: ldividual 0 Partnership it /Q y 57Z=23/6/145 0 Corporation 0 Non-profit List owners, partners or officers: Title Residence Address City/State/Zip Phone D 2 Y/..3r55 . )7 Ay Is your Door -to -door solicitation? .0 ge 0 Yes business: Telephone solicitation? I�No ❑ Yes Contractor based outside City? H'gio 0 Yes If "Yes'; show Jobsite address In space below Operated from your Tukwila residenc �No ❑ Yes° If "Yes ", read Infornx p on re ..ers 'side and sign Any gambling and/or gambling devices on . premises? p.blo 0 Yes Any amusement devices on premises? Yes No. of devices: Description of business (give details; also, Usti = of products sold bored): *AZ) ,!J�� Will retail sales be conducted? Yes OI eyrr ( Pia ( Zoni Size of floor space used: • /Gal sq. ft Original opening date of business In Tukwila: /Z/ /g Total employees at Tukwila location, includ.,. management: Full -time: / Part-time: Number of emplo s in each type of employment Office: Retail: 111 '-:• "' • . •. Manufacturing: Warehousing: Other: Do y u use /store/discharge flammable, hazardous, or biohazardous materials? eiqo 0 Yes If "Yes ", state type and quantity: In case of emergency, notify: Phone 1. 2. 177/41-.4-Z./.6- 5rPi& 5 2i1/ • 3555 Are you PRESENTLY doing any: construction or remodeling? .0No 0 Yes installation of commercial storage racks? i1No 0 Yes change of signage? 9 -No 0 Yes II Yes •• Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1996 City of Tukwila Business License # Renewal •• If business name has changed in past year, list former name: Is your business use different than the previous use New business -+ of this building /space? 0 Yes s Jo No. of CTR "affected employees" at the site for which this business license application is filed: . (Read CTR infomtation on reverse side) If you are a new building owner or planning to sell a building — please note fire alarm installation provisions on reverse side • . OFFICE USE ONLY I LICENSE FEE (based on J" 0 to 5 0 ''_ number of employees) 6 to 100 • It • II CHECK ONE - 0 101 and above $200.00 Date: % 1 0I l b p' Received by: Paid: ALCash ❑ Check No.: WA State Sales Tax No. or / UBI number (9 digits): 6o/ 37(' . 76, 17/ Recei pt�l o: _, L{ D r{ 7`'. -. Building:l OBuilding /si per t attached Pia ( Zoni g:'^ designation: itJGG.. 1 certify .the information contained herein. Is correct. • 1 understand that: any untrue statement .is cause - for revocation of my license..•;. . Signature: /% l/`-'1 Police: Fire: // % Date issued: '—`. 'f L 17.x79& Print Name: 6 I • S 1995 License No.: as q 7_ Title /Office: °cuN `� Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office • cityof 6200 5 °uWashih fon Boulevard Tukwila; 98188-2599 (206) 433 -1800 This is an APPLICATION ONLY, ess license PRIOR to conducting business. You must obtain a b ALL LICENSES EXPIRE DECEMBER 3151 Application for 1997 City Bu ness License INCOMPLETE APPLICATIONS WiLL NOT BE ACCEPTED. Business License: 0 RENEWAL 0 NEW Business Name 7 /' �biro (5/9-66"S Local Street Address (Be sure to Include zip J code+ 4-digit extension) -To XL() / 7f4 (�(/ .5ae Local PO box & zip, if - ° plicable Application Date: Corporate Address: Corporate Phone: Indicate ownership status: list owners, p artners or officers: Title ,f 6'4 /PI C -C170 O Yes Is your Door-to-door solicitation? o 0 Yes business: Telephone solicitation? '.12-No 0 Yes Contractor based outside City? if "Yes", show Jobsite address in space below Operated from your Tukwila residence? pro 0 Yes H "Yes ", read information on reverse side and el • n Residence Address /a /`qS. /.2/ s-/ • • • • Option of business (give details; also, list types of products sold or stored). Will retail sales be conducted? ^Yes O Na Total employees at Tukwila location, indud. management Wholesale: Full -lime: Part -time: Do you use/store/discharge flammable, hazardous, or biohazardous materials? FQtats 0 Yes if 'Yes', state type and quantity: Individual Corporation City /State/Tlp SeitiWe Partnership Non -profit Phone 2 /.375_5 Any gambling and/or gambling devices on premises7 ado O Yes Any amusement devices on premises? r o 0 Yes No. of devices: Size of floor space used: /2W sq. R • Number of employees in each type of employment Office: Retai Warehousin • : Other. Phone Are you PRESENTLY doing any: construction or remodeling? Installation of commercial storage racks? change of slgnage? Show 1996 City of Tukwila Business License # In 2• /ii /& - •JI.4 Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final appmved permits MUST accompany this application. O No O Yes !( Yes O No ❑ Yes �+ No s If business name has changed m ed in past Year, list former name. Renewal 1s your business use different than the previous use New business le, of this building/space? If ou are a new buildin • owner or • tannin No. of CTR °affected employees" at the site tor which this business licen (Read CTR informedon on reverse side) J Te9 p�i'v to sell a buildln- - •!wise note fire alarm installation •rovistons on reverse side 0 to 5 550.00 LICENSE FEE (based on __ — number of employees) 6 to 100 ..........••. $100.00 CHECK ONE mo — 101 and above .... $200.00 0/ 376 7611 1 certify information contained correct 1 unders fa for d that aount uest tement is cause fvo atin of my license. Date: • Paid: X Cash Check No.: Building: Building/sign permit attached Receipt No.: a q7 Planning: Zoning designation: WA State Sales Tax No. or UBI number (9 digits): Fire: Signature: Date issued: 17' t. Title /Office: Ow 1995 License No.: (.4. -h -Ole, (11- a0 S Clerk's WA ,.el;r,olerad aooiic:•tion with fee to Tukwila City Hall at address shown above, Attention: City Print Name: STS °��CS City of Mar ila 6200 Southcenter Bou evard Tukwila, Washington 98188 -2599 (206) 433 -1800 bppft .lion Tor City BL ness License FILL OUT THIS FORM IN ITS ENTIRETY INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 315-I Business License: 0 RENEWAL • NEW Application Date: 2- (2-97 Business Name A to B Auto Local Street 14621 PACIFIC HWY S Address TUKWILA WA 98168 -4326 (Be sure to Include zip code+ 4dlglt extension) Local PO box & zip, if applicable Corporate Address: Business Phone (include area code): 242-3996 Corporate Phone: Local m Hager (include name and home phone): ,4L( 5a8_16//46 `Ld'&v 2-W-3/SS. SS. Indicate ownership status: }il Individual ❑ Partnership ❑ Corporation 0 Non -profit Ust owners, partners or officers: Title Residence Address City /State/Zip (24,1 ("one .., f 5 7.&1'$ 0a- /G yy.s a9f`'c71 5 fe N� fag z 4i' Is your Door -to -door solicitation? tli No 0 Yes business: Telephone sotidtatlon? 1/1-No 0 Yes Contractor based outside City? tA•No ICI Yes If "Yes ", show )obslte address In space below Operated from your Tukwila residence? j No 0 Yes If "Yes ", read Information on reverse side and sign Any gambling and/or gambling devices on premises? R1 No 0 Yes Any amusement devices on premises? �No 0 Yes No. of devices: Description of business (give details; also, list types of products sold or stored): Auto Sales -�(p 74/T Will retail sales be conducted? JSYes 0 No L •(O 1-3 Size of floor space used: ?� sq. ft. Original opening date of business in Tukwila: 01/01/96 Total employees at Tukwila loo tlon, Indud. management / Full -time: V Part-time: Number of employees in each type of employment Office: Retail: Wholesale: Manufacturing: Warehousing: Other: Do you use/store /discharge flammable, hazardous, or biohazardous materials? 1CLNo ❑ Yes If 'Yes", state type and quantity In case of emergency, notify: Phone 1 • dQ,e(f�/ ! 70 18g 2. Are you PRESENTLY doing any: construction or remodeling? 1 No 0 Yes installation of commercial storage racks? rilNo 0 Yes change of signage? 6i(No 0 Yes If Yes .► Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1997 City of Tukwila Business Ucense # Renewal ..• 97 -005 If business name has changed in past year, list former name: Is your business use different than the previous use New business ..■ of this building /space? 0 Yes No No. of CTR "affected employees" at the site for which this business license application Is filed: (Read CTR inlonnation on reverse side) If you are a new building owner or planning to sell a building — please note fire alarm installation provisions on reverse side . OFFICE USE Date: la -.3 ONLY ! LICENSE FEE (based on $ 0 to 5 $59 Received by: ,-- number of employees) 0 6 to 100 $100.00 CHECK ONE -► 0 101 and above $200.00 Paid: • Cash Receipt No.: P /� % gi No. or WA State Sales Tax N UBI number (9 digits): 601376764 Check No.: / i % Building: Planning: Zoning designation: . I certify the Information contained herein Is correct. ! understand that any untrue statement Is cause for revocation of my license. • Building/sign permit attached Police: Fire: Signature: n /���i I 4" /I G� Date issued: -Frog / Print Name: ' S /4/5 1998 License No.: 9 ' ^ 3 t Title /Office: 0t..a rZ.- 01",.•.s - nl.,.n - •mmnlot rl ,nnli/•atinn with /pm }n T,,kii'h r;h• f.' ^li -t :,rldrnCc .thnwn ahnvn 4ttPnfinn• r'7h' i,`lerws office Lily Of1wwua 6200 Southcenter Bo rd Tukwila, Washington 8I88 -2599 (206) 433 -1800 .•Nt..is■,__.aa1v11 1 ll 1 JJJ V City Bt ness License FILL. OUT THIS FOAM IN ITS ENTIRETY INCOMPLETE APPLICATIONS . WILL NOT BE ACCEPTED This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3151 :::. `. ; .:: :::_':.,'. OFFICE USE Date: 1 _ -$1 Business License: [Ii• IENEWAL • NEW Application Date: Business Name A to B Auto Local Street 14621 PACIFIC HWY S Address TUKWILA WA 98168 -4326 (Be sure to include zip code+ 4 -digit extension) Local PO box & zip, if applicable Corporate Address: / ‘16,2/ f7,G hicA, J� u e t ., til cue igit(J � g, v Business Phone (include area code): 242-3996 Corporate Phone: 206 ZY Z -32 ip Local m agar (include name and home phone): W •.7T /I45 .06 2qf- 39s 5 Indicate ownership status: ❑Individual 0 Partnership Lam' Corporation 0 Non - profit List owners, partners or officers: Title Residence Address City/State/Zip - Phone S- ifily s rega�.15 $404-e5 IoW lL� $, 5--/ wy aYi. 9840 375S .1s your Door -to -door solicitation? t No 0 Yes business: Telephone solicitation? 1 No 0 Yes Contractor based outside City? P No 0 Yes If "Yes ", show jobsite address in space below Operated from your Tukwila residence? ® No ❑ Yes If "Yes'; read Information on reverse side and sign Any gambling and /or gambling devices on premises? CE-No 0 Yes Any amusement devices on premises? No ❑Yes No. of devices: Description of business (give details; also, list types of products sold or stored): Auto Sales Will retail sales be conducted? , Yes 0 No Size of floor space used: r0 sq. ft. Original opening date of business in Tukwila: 01/01/96 Total employees at Tukwila to do , includ. management: Full -time: Part-time: 1 Number of employees in each type of employment: Office: Retail: 1 Wholesale: Manufacturing: Warehousing: Other: Do y uu use /store /discharge flammable, hazardous, or biohazardous materials? & 1 o ❑ Yes If "Yes ", state type and quantity: In case of emergency, notify: Phone_ 1. g #1'( S7 9t '-3 u%.-- Zy(-347 2. PAtf ate 6/5 S73/ Are you PRESENTLY doing any: construction or remodeling? No 0 Yes installation of commercial storage racks? (18 No 0 Yes change of signage? ` No 0 Yes If. Yes .• Appropriate building permits MUST be obtained prior to stag of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1998 City of Tukwila Business License # Renewal 98 -343 If business name has changed in past year, list former name: 14.0 Is your business use different than the previous use New business .+ of this building /space? No. of CTR "affected employees" at the site for which this business license application is filed: 0 Yes 0 No (Read CTR information on reverse side) If you are a new building owner or planning to sell a bulldinn — nlpaca not lira alarm inclalta# inn .,r.,,.rici.,.,c ,.., re,.erc. ctrl. :::. `. ; .:: :::_':.,'. OFFICE USE Date: 1 _ -$1 .ONLY' :: ).:: _ :.. ; .::° Received � LICENSE FEE (based on Q 0 to 5 a. i �� number of employees) 0 6 to 100 $100.00 CHECK ONE mo 0 101 and above $200.00 Paid: 0 Cash `r.'heck No.: ] ( Receipt No.: �^ " \ \ () 111 WA State Sales Tax No. or UBI number (9 digits): 601376764 Building: 0 Building /sign permit attached Planning: Zoning designation: 1 certify the information contained herein is correct. 1 understand that any untrue statement is cause for revocation of my license. Police: Fire: - Signature: r^ Date issued: -2, Print Name: /� , t{ft s(&aB1f,(S 1999 License No.: T)-53 Q 2 Title /Office: 1'� S • Please retum completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office 1 t I • V City of Tuevila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 206 - 4433 -1800 Application for 2000 City B�ness License FILL OUT THIS FORM IN ITS ENTIRETY INCOMPLETE APPLICATIONS WILL NOT BE ..ACCEPTED This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3111 Business License: 0 RENEWAL • NEW Application Date: Business Name A to B Auto Local Street 14621 TUKWILA INTL BLVD Address TUKWILA WA 98168 -4326 (Be sure to include zip code+ 4-digit extension) Local PO box & zip, if applicable Corporate Address: Business Phone (include area coder 242-3996 Corporate Phone: • Local manager (include name and home phone): Indicate ownership status: ❑ Individual ❑ Partnership Lg.Eorporation ❑ Non - profit List owners/partners / officers: Title Home Address City /State/Zip Phase Date of B g/(1 y 57-6, 8 1 N3 Pr-e5 / 0 V Y s: / -9 si- r.S'e,.;fffe t!ue 2 , ZYl 3Fs_s 2//22/5 Is your Door -to -door solicitation/peddler? ❑ No ❑ Yes business: Telephone solicitation? ❑ No ❑ Yes Contractor based outside City? ❑ No ❑ Yes If "Yes", show Jobsite address in space below Operated from your Tukwila residence? ❑ No ❑ Yes N "Yes'; read Information on reverse side and sign Any gambling and/or gambling devices on premises? lg. No ❑ Yes Any amusement devices on premises? agi-No 0 Yes No. of devices: Description of business (give details; also, list types of products sold or stored): Auto Sales 1 ji,cn r4L i t'ri12t{rrlC— Will retail sales be conducted? .rYes ❑ No Size of floor space used: sq. ft Original opening date of business in Tukwfla: 01/01/96 Total employees at Tukwila location, Includ. management Full -time: 1 Part-time: Number of employees in each type of employment Office: Retail: Wholesale: Manufacturing: Warehousing: Other. Do you use/store/discharge flammable, hazardous, or biohazardous materials? No ❑ Yes If "Yes", state type and quantity: In case 1. IN 2 of emergency, notify: Phase if l-t C7.lC s?6at3 rri > La+' LW • 3`' S.s Q r}y� Are you PRESENTLY doing any: construction or remodeling? ExJ No ❑ Yes installation of commercial storage racks? IS No ❑ Yes change of signage? VINo ❑ Yes If Yes • .. Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1999 City of Tukwila Business License # Renewal.* - 99 -588 If business name has changed in past year, list former name: Is your business use different than the previous use of - New business -• this building/space? ❑ Yes ❑ No No. of CTR "affected employees" at the site for which this business license application is filed: (Read CTR information.on reverse side) If you are a new building owner or planning to sell a building — please note fire alarm installation provisions on reverse side OFFICE USE Date: 1 —I 2- ZC)C)O ONLY:. .,l Receiv d by: LICENSE FEE (based on la 0 to 5 $50.00 number of employees) • 6 to 100 $100.00 CHECK ONE •11 ❑ 101 and above $200.00 Paid: ❑ Cash th-5(5• deck No.: °Z9 .3 Receipt No.: 1 `yam WA State Sales Tax No. or UM number (9 digits): 60 F8 Building: ❑ Building/sign permit attached Planning: Zoning designation: 1 certify the information contained herein Is correct. I understand that any untrue statement Is cause for revocation of my license. Police: Fire: Signature: fay l //11 S Date issued: Print Name: 1/. x74 5ic_7331/1s 2000 License No.: Title /Office: Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office. City of T�cwila 6200 Southcenter oulevard Tukwila, Washington 98188 -2599 206-433-1800 Apps, ation for 2000 City l�siness License / FILL OUT THIS FORM IN ITS ENTIRETY:; INCOMPLETE APPLICATIONS WILL NOT :BE "ACCEPTED '': This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3111 Business License: K) RENEWAL ❑ NEW Application Date: Business Name A to B Auto Local Street 14621 TIIKWILA INTL BLVD Address TUKWILA WA 98168 -4326 (Be sure to include zip code+ 4 -d /g/t extension) Local PO box & zip, if applicable Corporate Address: Business Phone (include area code). 242-3996 Corporate Phone: Local manager (include name and home phone): Indicate ownership status: ❑ Individual ❑ Partnership gleorporation ❑ Non -profit List owners/partners / officers: Title Home Address City /State/Zip Phone Date of Birth gA y 57-E38/)-,5 Pc-es Ivcitt s. /z`i ,5/- _ e,4>if? Uin 2 2`11 3F-53 /24z 5. / Is your Door- to-door solicitation/peddler? ❑ No ❑ Yes business: Telephone solicitation? ❑ No ❑ Yes Contractor based outside City? ❑ No ❑ Yes N "Yes ", showiobslte address in space below Operated from your Tukwila residence? ❑ No ❑ Yes N "Yes ", read Information on reverse side and sign Any gambling and/or gambling devices on premises? la No ❑ Yes Any amusement devices on premises? fig•No ❑Yes No. of devices: Description of business (give details; also, list types of products sold or stored). Auto Sales, iZcni-Rt t ?tiRKIA6- Will retail sales be conducted? .Cs'ess ❑ No Size of floor space used sq. ft Original opening ate of business in Tukwila: 01/01/96 Total employees at Tukwila location, includ. management Full -time: 1 Part-time: Number of employees in each type of employment Office: Retail: Wholesale: Manufacturing: Warehousing: Other. Do you use/ store /discharge flammable, hazardous, or biohazardous materials? L'.No ❑ Yes If °Yes", state type and quantity: In case 1. jyi of emergency, notify Phme ic,N r:itL si s[3;4r,i > 2-c-4' 2-r{I.395 s .4,t Are you PRESENTLY doing any: construction or remodeling? El No ❑ Yes Installation of commercial storage racks? 129-No ❑ Yes change of signage? II-No ❑ Yes - If Yes .• Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 1999 City of Tukwila Business License # Renewal g* 9 9 - 5 8 8 If business name has changed In past year, list former name: Is your business use different than the previous use of New business m► this building/space? ❑ Yes ❑ No No. of CTR "affected employees" at the site for which this business license application is filed: (Read CTR information.on reverse side) If you are a new building owner or planning to sell a building - please note fire alarm Installation provisions on reverse side Date: ' —(2— 2000 Paid: ❑ Cash tScr =heck No.: E Building: ❑ Building/sign permit attached Police: Date issued: 2000 License No.: Receipt No.: Planning: Zoning de Fire: Jr tioh: r\ LICENSE FEE (based on S, 0 to 5 $50.00 number of employees) ❑ 6 to 100 $100.00 CHECK ONE 40► ❑ 101 and above $200.00 WA State Sales Tax No. or UBI number (9 digits): 60 16-70714- ?*() . crL3 I certify the Information contained herein Is correct. I understand that any untrue statement Is cause for revocation of my license. Signature: / AA S Print Name: A An 5 Tc &&3i1-1S Title /Office: Please retum completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office City of Tukwila, Washington 242 -3996 Auto Sales TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. A to B Auto 14621 PACIFIC HWY S TUKWILA WA 98168 -4326 OFFICE COPY EXPIRATION DATE 12 -31 -97 DATE ISSUED 03/14/97 FEE PAID $50.00 LICENSE NUMBER 97 -005 SALES TAX CODE NO. 1729 CITY CLERK This license is to be displayed conspicuously at the location of business and is not transferable or assignable. City of Tukwila, Washington AMON SS LICENSE 242 -3996 Auto Rental /Sales /Parking TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. A to B Auto 15058 PACIFIC HWY S TUKWILA WA 98168 -2244 OFFICE COPY EXPIRATION DATE 12 -31 -97 DATE ISSUED 12/17/96 LICENSE NUMBER 97 -005 FEE PAID $50.00 SALES TAX CODE NO.1729 e• etf-Z-t-t- CITY CLERK This license is to be displayed conspicuously at the location of business and is not transferable or assignable. • City of Tukwila, Washington 242 -3996 Auto Sales TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. • A to B Auto 14621 PACIFIC HWY S TUKWILA WA 98168 -4326 OFFICE COpy EXPIRATION DATE 12 -31 -99 LICENSE NUMBER 99 -588 SALES TAX CODE NO. 1729 DATE ISSUED 01/26/99 FEE PAID $50.00 CITY CLERK This license is to be displayed conspicuously at the location of business and is not transferable or assignable. City of Tukwila, Washington o USEIN n ESS n OCENSE 242 -3996 Auto Sales TELEPHONE NATURE OF BUSINESS LICENSEE AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF CITY ORDI- NANCES AND STATE LAWS APPLICABLE TO THE BUSINESS ACTIVITY LICENSED HEREUNDER. A to B Auto 14621 PACIFIC HWY S TUKWILA WA 98168 -4326 OFFICE COPY EXPIRATION DATE 12 -31 -98 DATE ISSUED 01/06/98 LICENSE NUMBER 98 -343 FEE PAID $50.00 SALES TAX CODE NO.1729 ?ig-44-1- S. ed,g-t-cd.- CITY CLERK This license is to be displayed conspicuously at the location of business and is not transferable or assignable. EXHIBIT B CITY OF TUKWILA Finance Department 6200 Southcenter Boulevard Tukwila, Washington 98188 206 - 433 -1848 APPLICATION FOR PARKING LICENSE Filing Fee $1.00 (must accompany this application) 1. Name of Applicant: -RN si t4)„.S Home Address: Street I 0 yL s- 119 S+ For year ending December 31, (Title) City /State/Zip 311 2 r e4 W 1 / (v '-z Home Telephone: cO (o as 1 '3155 2. Business Name* 3 F c T Business Address: Street: 1 vZ ( Prc S City / State/Zip %V Ku) 1($ L J 1J 198 Business Telephone* cQd c (4 a - 3 / L Business Registration Number C • lO l 580 g Opening Date: 3 ' 4 Type of Business: Puh S ed-. State whether individual ownership, partnership, or corporation: (1,6 Rio • 3. List owner(s), partners, or officers: Name ?ay578I/pis Home Address Home Phone /oy(- s. /fig"'Sf c206 -7 (f -395,5 I hereby certify that the statements furnished by me on this application are true and complete to the best of my knowledge. Signature: Title: Or- tbNCrZ./ /aA S 2 i Business Phone O6' ,2 �2 -3 Date: /z G F :1CF�tJS�Ol1CY�ri.x.......:.. h.::� • .:,.: iSn:::.:: �•.:..:.ax•.:x: SEAS ::•�}•.':r�:..::•;.,.,::.,.: �.. ...:•.:::.. � :..: License #: ' 'CC3 Date Issued: 12,-1 - lg Receipt to: 000 - 321 -900 This is to certify the company shown below has been licensed to engage in the business activity listed above. Subject to provisions of City ordinances. For information, call (206) 433 -1848. This license is non - transferable. Date issued: December 11, 1998 Registration #: A2_001 Business Name: A to B Auto Location: 14621 Pacific Highway S Tukwila, WA 98188 Mailing Address: Same 3 9 s. CITY OF TUKWILA Finance Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1848 • PARKING TAX RETURN PARKING TAX A to B Auto 14621 Pacifc Hwy S Tukwila, WA 98188 DATE DUE MONTH END REGISTRATION # May 2000 March 31. woo 8-00 , . Gross Parking Receipts (less all taxes) 10 1 Tax.Rate - 5% .05 Total Tax Due 5`/.-3c) I hereby certify that the statements and information provided on this tax return are true and complete to the best of my knowledge. DATED this ,a day of 1-7 Signature V. 4 V ,S1-e43 /LC,S Printed Narde A TO B AUTO 206-242-3996 14621 TUKWILA INT'L BLVD TUKWILA. WA 98188 Pay to the Order of Title 19.1011250 <,16)96 .2c1)-39 • *1 Date $ V2-- 36 Dollars .on back datalLs U. S. BANK OF WASHINGTON A UBANK 24HR PHONE BANKING BOO US BANKS For _ • _...,. . • v-JtOjUU 2 Date Received: EXHIBIT C 411 LAW OFFICES SHORT CRESSMAN & BURGESS PLLC PAUL. R. CRESSMAN, SR., P.S. JOHN O. BURGESS BRIAN 1.. COMSTOCK JOHN H- STRASBIIR(:ER JAMES A. OLIVER DAVID R. KOOPMANS KENNETH L. MYER ROBERT 1. SHAW RICHARD A. DU BEY PAUL R. CRESSMAN, JR. ANDREW W. MARON CHRISTOPHER J. SOELLING PAUL J. DAYTON BRYAN P. COLUCCIO ROBERT E. HIBBS CHRISTOPHER R. OSBORN MICHAEL R. GARNER DAVID E. BRESKIN SCOTT A. SMITH STEPHEN P. CONNOR SUSAN THORBROCCER SCOTT M. MISSALL USA WOLFARD KERRY S. BUCKLIN• ANN T. WILSON SAMUEL S. CHUNG • MEMBER OF PATENT BAR USFTO Robert Noe, Esq. City Attorney for City of Tukwila 11 Front Street S Issaquah, WA 98027 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206) 340 -8856 (206) 682 -3333 May 12, 2000 Re: City of Tukwila v. Ray Stebbins; Public Records Request Dear Bob: (-LAIIDIA CRAW FORD JOHN D. SULLIVAN PAIJ1. CHUEY CONNIE SIIF MANOS MARTIN (:RAEI/M (:. WALLACE. JENNIFER DIKE R. BRENT WALTON N. ELIZABETH MCCAW MICHAEL J. LAYTON DAVID A. HERRMAN ZACHARY A. WRIGHT MICHELLE Y. CLARK DEREK D. CRICK CHRISTOPHER L. OTTELE ALEX ). ROSE KENNETH P. SHORT DOUGLAS R. HARTWICH ROBERT E. HEATON MARK S. NADLER ROBERT A. STEWART PAUL E. BRAIN JOHN E. OSWALD OF COUNSEL JOSEF DIAMOND COUNSEL TO THE FIRM This letter will follow -up on our recent voice mail exchanges. I am glad you agree that we may be able to resolve this case without the need for a hearing. As a predicate to that, however, I need to be sure that I have all of the relevant documents. Accordingly, please consider this letter to be a formal public records request under RCW Chapter 42.17 for the following documents, whether in the possession of you or the City of Tukwila: 1. All documents relating to all business licenses and land use permits held by, applied for, or issued to Ray Stebbins and A to B Auto by the City of Tukwila. 2. All documents relating to zoning classifications and Comprehensive Plan designations relating to property owned by Ray Stebbins, A to B Auto, or property located at 14621 Tukwila International Blvd. This does not include a request for copies of the Tukwila Zoning Code. However, I would 274498. 1 /5 V S Y011 /019771.00001 • • Robert Noe, Esq. May 12, 2000 Page 2 appreciate receiving a copy of the City's most recent Comprehensive Plan if it is not too voluminous. 3. All notes, correspondence, telephone logs, internal memoranda, and any other material relating to, referencing or involving Ray Stebbins, A to B Auto, or the operation, conduct, or enforcement of his business. If there is a cost to reproducing this information, please let me know and I will forward a check in the appropriate amount. In the meantime, thank you for your prompt response to this request. I look forward to working with you on this matter. Sincerely, Scott M. Missall SMM:es cc: Mr. Ray Stebbins 274498.1/5VSY0I !/019771.00001 • LAW OFFICES • SHORT CRESSMAN & BURGESS PLLC DAVID E. BRESKIN KERRY S. BUCKLIN• JOHN O. BURGESS PAUL CHUEY SAMUEL S. CHUNG MICHELLE Y. CLARK BRYAN P. COLUCCIO BRIAN L. COMSTOCK STEPHEN P. CONNOR CLAUDIA CRAW FORD PAUL R. CRESSMAN, 111. PAUL R. CRESSMAN, SR., P.S. DEREK D. CRICK PAUL J. DAYTON WILLIAM L DIXON V RICHARD A. 1)U BEY 00 BRADLEY A. EVENS MICHAEL R. GARNER 0 DAVID A. H ERRMA N ROBERT E. HIBBS ttt KAREN L. KENDRICK tt DAVID R. KOOPMANS MICHAEL J. LAYTON ANDREW W. MARON CONNIE SUE MANOS MARTIN N. ELIZABETH MCCAW* SCOTT M. MISSALL KENNETH L. MYER JAMES A. OLIVER CHRISTOPHER R. OSBORN CHRISTOPHER L. OTTELE ALEX J. ROSE ANN MARIE E. SARGENT ROBERT J. SHAW SCOTT A. SMITH CHRISTOPHER J. SOELLING Robert Noe City Attorney for Tukwila 11 Front Street Issaquah, WA 98027 999 THIRD AVENUE, SUITE 3000 SEATTLE, WASHINGTON 98104 -4088 FAX: (206) 340 -8856 (206) 682 -3333 Re: Tukwila v. Stebbins Dear Bob: July 27, 2000 JOHN H. STRASBURGER JOHN D. SULLIVAN SUSAN THORBROGGER BRADLEY P. THORESON GRAEHM C. WALLACE R. BRENT WALTON ANN T. WILSON LISA WOLFARD ZACHARY A. WRIGHT JOSEF DIAMOND COUNSEL TO THE FIRM PAUL E. BRAIN CHARLES R. GOSSAGE • DOUGLAS R. HARTWICH ROBERT E. HEATON JOHN J. HOULIHAN, 311.0 MARK S. NADLER KENNETH P. SHORT ROBERT A. STEWART OP COUNSEL *MEMBER OF PATENT BAR, USPIO Z ADMITTED IN CAUFORNIA, ILLINOIS ONLY • ALSO ADMITTED IN CALIFORNIA •• AL90 ADMITTED IN GEORGIA ••• ALSO ADMITTED W S. CAROLINA tt ALSO ADMTTED IN TEXAS ttt ALSO ADMITTED IN MONTANA 0 ALSO ADMITIED IN HAWAII 00 ALSO ADMITTED IN MAINE As I was looking through my notes I remembered that you had agreed to contact the City of Tukwila and determine why documents related to Mr. Stebbins' business were not part of the City's record production on May 23, 2000. Those documents specifically comprised records relating to the sign approved from Mr. Stebbins' business and the tax receipts for payments by Mr. Stebbins to the City for his various business licenses. I would appreciate receiving copies of those documents, as well as any other documents in the City's possession relating to Mr. Stebbins' business, at least five (5) days prior to the hearing we have scheduled for this case. 286659.1/656R011/019771.00001 • • Robert Noe July 27, 2000 Page 2 Thank you for your assistance in this matter. If you have any questions, or if I can help narrow the scope of the request, please let me know. Sincerely, Scott M. Missall SMM jdk cc: Ray Stebbins 286659.1/656R011/019771.00001 EXHIBIT D Y'ffebt4 EM�ITREE B U S I N E S S P R O D U C T S P.O. 80X 13290 • ATLANTA, GA 30324 NATIONWIDE 1-800-241-4623 • FAX 1 -800- 231 -7150 FEDERAL ID 0 S8. 1432239 PLEASE REFER TO YOUR ACCOUNT NO.. OUR INVOICE NO. AND ORDER NO. IN ALL COMMUNICATIONS REGARDING THIS INVOICE. TO`D PRAY STEBBINS A TO B PARKING 14621 PACIFIC HIGHWAY SOUTH TUKWILA. WA 98188 L_ YOUR ACCOUNT NO. 0100863802 INVOICE ONO MONTHLY STATEMENT WILL BE SENT Please pay by this invoice only SHIPPED TO (IF OTHER THAN "SOLD TO ") r L_ YOUR PURCHASE ORDER NUMBER AND DATE INVOICE /ORDER NO. INVOICE DATE SHIPPED VIA DATE SHIPPED P01891330001 03/23/00 UPS GROUND 03/23/00 Payment Due by 04/22/00 If paid by 04/02/00 Deduct 2.00% ORDERED SHIPPED ITEM NO. DESCRIPTION UNIT PRICE EXTENDED AMOUNT 1000 1000 TP 242 W *8001 *H *A TO *www.3tobauto.com *14621 * TUKWILA. *(206) Temporary Parking Tags White ** B PARKING (LOWER CASE) PACIFIC HIGHWAY SOUTH WA 92188 242 -3996 .17 170.00 SALES TAX FOB SHIPPING & HANDLING $ TOTAL DUE ATLANTA.GA T.. i740-OU=, • Please detach and retum bottom portion with paymentV ANK v YOUR ORDER FREE SHIPPING RAY STEBBINS DBA Account No: 206- 242 - 3996165- 37 For questions, call 1 800 603 -6000 For Directory Advertising Information, a 1 800 422-1234 Directory Advertising v Directory Name BAINBROGE IS BELUNGHAM GTR EASTSIDE KITSAP CNTY C ENTRA LIA OLYMPIA PORT ANGELES PT TOWNSEND SEATTLE PUGET SOUND SHELTON SNOHOMISH SO KING CNTY Description From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 From Mar 20, 2000 to Apr 20, 2000 Page 4 • Amount 10.60 18.00 142.20 29.00 12.40 20.60 13.00 10.20 205.60 8.10 10.60 29.00 151.10 Total USW Dex Directory Advertising 4660.40 1 The amount shown above is for directory advertising billed on behalf of USW Dex. WUTC rules prohibit disconnection of local service solely for non-payment of directory advertising charges. This portion of your bill is provided as a service to USW Dex. ESL SL SL SL IL IL SL SL 'SL SL °SL , SL SL SL RAY STEBBINS DBA Account No: 253 -5 342- 37 For questions, ca 603 -6000 For Directory Advertising Information, Call 1 800 422.1234 Directory Advertising v Directory Name PUYALLUP TACOMA Description From Mar 19, 2000 to Apr 19, 2000 From Mar 19, 2000 to Apr 19, 2000 Page 37 Amount 62.40 74.70 Total USW Dex Directory Advertising $137.10 1 The amount shown above is for directory advertising billed on behalf of USW Dex. WUTC rules prohibit disconnection of local service solely for non - payment of directory advertising charges. This portion of your bill is provided as a service to USW Dex. 1J7 4 /-1U■V UIV 1 IV V. VVC UFkIt HIVIUUIV I UUt 143550 -36 04/08/00 I $203.57A, THANK YOU FOR USING IFCO /9- BALANCE AFTER PAYMENT: $203.53 THIS STATEMENT IS FOR THE FOLLOWING POLICIES: CA1056394 .M..NATL CAS /I/R 704W(//v5- �.e f7,P7.00'r mee55 This statement represents payment due upon insurance premiums* financed with IFC by your local agent. Remittance should be mailed direct to Insurance Finance Corporation, P.O. Box 315, Des Moines, Iowa 50302 -0315, an envelope is provided for your convenience. Physical Address: 1454 30th, Ste. 203, West Des Moines, IA 50266 *If you have any questions in regard to this statement, please write direct to IFC. A (Mar Pnivem, Zufvomicer *los isbeitool& EXHIBIT E M E M O R A N D U M DATE: October 31, 1996 TO: Jane Cantu, City Clerk FROM: Hans Korve RE: A to B Auto Business License request Please inform the applicant that the Planning Division has signed off on their Business License request with the understanding that they will stripe the 4 required parking spaces in front of their business and make those spaces available at all times for their retail customers only. Airport parking can not take place in any of these four spaces at any time. The Planning Division has no requirements for the parking of rental or "For Sale" cars. alsgiC RoQ U E S T FOR ACTION File Number: DATE: 11115111 PERSON REPORTING +� SUGGESTION/HAZARD: F- Lk Ci' A X ADDRESS: CITY WORK 94 RESIDENT TUKWILA VISITOR NATURE OF REPORT: QSAFLETY NUISANCE O SAFETY () OTHER: In DESCRIBE LOCATION: PHONE `f 3 t - 36 4, NUMBER: 3 CITY EMPLOYEE DEPT• DC-1) REQUEST CONTACT7 YES Q NO tv D Avfv DESCRIBE HAZARD / PROBLEM 94 DETAIL: A -t y , g p r Ve 7.1 ceN1c e l per cri Q.i f . 4{ j usG WHt ci t� r i f t " 114C4 (;, -t1. t ! v 2 71 e A -f- a B i s n oiA) .c I c o De c r 4 a pafic 4 6-11 lot (i.e. u(rpo't r.skttS J ), TG,/s use IS r�FGrf,lffcd r� ti-t Ncc aae►e 4 I S nor Ih d i ca•k.( 0 -' 1% e a p p ov, 14421 PAGj 0-4(.) 2y2 - 35gL z 4 REQUEST FOR ACTION TAKEN BY: DEPARTMENT: :} nv. S] ri:R i:l•ti:}iSi• }.Y:iiNi .::::. s{ ,w, .�?..}kn.}};. } .}.}5.}: v }n:C ��:ri•:d. n^ f ;• imm;}} . • i P : : . .� v :retf: •............... PUBUC WC` ^1(8 - Engineering WHAT CORRECTIVE MEASURES WERE TAKEN OR ASSISTANCE QtVEN? OF NONE, EXPLAIN.) PARKS/RECREATION PUBLIC • UtWIII« FIRE DEPT. OF COMMUNITY DEVELOPMENT POD OTHER: f" File Number: DATE: 11115111 PERSON REPORTING +� SUGGESTION/HAZARD: F- Lk Ci' A X ADDRESS: CITY WORK 94 RESIDENT TUKWILA VISITOR NATURE OF REPORT: QSAFLETY NUISANCE O SAFETY () OTHER: In DESCRIBE LOCATION: PHONE `f 3 t - 36 4, NUMBER: 3 CITY EMPLOYEE DEPT• DC-1) REQUEST CONTACT7 YES Q NO tv D Avfv DESCRIBE HAZARD / PROBLEM 94 DETAIL: A -t y , g p r Ve 7.1 ceN1c e l per cri Q.i f . 4{ j usG WHt ci t� r i f t " 114C4 (;, -t1. t ! v 2 71 e A -f- a B i s n oiA) .c I c o De c r 4 a pafic 4 6-11 lot (i.e. u(rpo't r.skttS J ), TG,/s use IS r�FGrf,lffcd r� ti-t Ncc aae►e 4 I S nor Ih d i ca•k.( 0 -' 1% e a p p ov, 14421 PAGj 0-4(.) 2y2 - 35gL z 4 REQUEST FOR ACTION TAKEN BY: DEPARTMENT: :} nv. S] ri:R i:l•ti:}iSi• }.Y:iiNi .::::. s{ ,w, .�?..}kn.}};. } .}.}5.}: v }n:C ��:ri•:d. n^ f ;• imm;}} . • i P : : . .� v :retf: •............... DATE RECEIVED : WHAT CORRECTIVE MEASURES WERE TAKEN OR ASSISTANCE QtVEN? OF NONE, EXPLAIN.) BY: DATE: DA TE RECEIVED: COMMENTS: R8 2 3 FORM ROL BY: • ' ' ` "Wliife` "to Itfsyor'a "oflc ; "ye)IoTV " "srid ?` pink' "to r`eaponding' "deparfine it: 0 3/90 February 25, 2000 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Mr. Ray Stebbins, President A to B Auto 14621 Tukwila International Blvd. Tukwila, WA 98169 -4326 VIA CERTIFIED MAIL Z 578 977 293 RE: NOTICE OF DENIAL — 2000 TUKWILA BUSINESS LICENSE Dear Mr. Stebbins: Steven M. Mullet, Mayor This letter will serve as Notice of Denial that your application for a 2000 Tukwila business license has been denied under Tukwila Municipal Code 5.04.110 Denial — Revocation; A.2. — The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. Information you provided on the license application form indicates your operation has expanded to include auto sales, rentals and parking. Your business operation is located in the NCC (Neighborhood Commercial Center) zone. Auto sales are permitted in this zone; however, auto rentals and parking are not. Consequently, we are unable to approve your application. You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial. Failure to appeal within this time period shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (Tukwila Municipal Code 5.04.110(B). Sincerely, %fie g2. C E. Cantu, CMC City Clerk C: S.Lancaster, DCD Director; R. Fox, Associate Planner, DCD R. Noe, City Attorney; J. Jones, Code Enforcement Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor February 29, 2000 Mr. Timothy O'Brien A to B Auto Sales 14625 Pacific Hy. S. Tukwila, WA 98168 PRE- CITATION NOTICE RE: TUKWILA MUNICIPAL CODE VIOLATION (RFA 99 -346) Dear Mr. O'Brien: The City has attempted to work with you for some time regarding multiple code violations at your business at 14625 Pacific Hy. S. Our latest inspection on February 28, 2000 revealed that our efforts have been unsuccessful. The illegal parking operation is still being conducted on site. You are to discontinue any further airport parking business activity, as well as all advertising associated with it. 1 For your information, the City Council recently passed a new ordinance allowing the undersigned to issue citations for repeat violators of certain provisions of the Tukwila Municipal Code. These civil citations require payment of a fine ranging from $100 to $250 and/or an appearance in Tukwila Municipal Court. This letter will serve as your final notice that if the violations are not corrected on or before March 15, 2000, a citation will be issued to you through Tukwila Municipal Court. There will be no further extensions granted. Should further information be desired, please do not hesitate to contact the Code Enforcement Office at 206 - 431 -3682 during my office hours of 8:30- 10:00 a.m. and 2:00 -3:30 p.m. Your cooperation will be greatly appreciated. Sincerely, tti_v'1 -G.J ason W. Jone Code Enforcement Officer JWJ/bw Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor March 22, 2000 Ray Stebbins A to B Auto Sales 14625 Pacific Hy. S. Tukwila, WA 98168 PRE - CITATION NOTICE RE: TUKWILA MUNICIPAL CODE VIOLATION (RFA 99 -346) Dear Mr. Stebbins: The City has attempted to work with you for some time regarding multiple code violations at your business located at the above address. Our latest inspection on March 15, 2000 revealed that our efforts have been unsuccessful. Signage advertising airport parking is still in place. along with multiple vehicles. As we are unable to determine which vehicles are for sale and which vehicles are parked illegally for airport purposes, it will be necessary that you provide a list of all autos legally for sale, with copies of respective titles. It will be assumed that all other vehicles on site are part of the airport parking business for which you are in violation of city code. The burden of proof that you are no longer conducting an illegal business is upon you. For your information, the City Council recently passed a new ordinance allowing the undersigned to issue citations for repeat violators of certain provisions of the Tukwila Municipal Code. These civil citations require payment of a fine ranging from $ 100 to $250 and/or an appearance in Tukwila Municipal Court. This letter will serve as your final notice that if you do not contact me on or before March 29, 2000, a citation will be issued to you through Tukwila Municipal Court for illegal business operations and zoning violations. Should further information be desired, please do not hesitate to contact the Code Enforcement Office at 206 -431 -3682 during my office hours of 8:30 -10:00 a.m. and 3:30 -5:00 p.m. Your cooperation will be greatly appreciated. Sincerely, Jason W. Jones` Code Enforcement Officer JWJ/bw Phone: (206) 433 -1800 • City Hall Fax: (206) 433 -1833