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Home My WebLink About1959 - Ord 0293 - Variance Permits and Penalties - 51025365102536 VOL 3980 PAGE 306 ORDINANCE NO 293 AN ORDINANCE OF THE CITY OF TUKWILA AMENDING ORDINANCE NO 251 BY ADDING TO CHAPTER 4 SECTION 4-31 PERMITTING VARIANCES,AND PROVIDING PENALTIES FOR VIOLATION THEREOF LE IT ORDAINED IA HE TOWN COUNCIL 0 i THE TO :i TJK SECTION 1. That ordinance No. 251 be amended by adding to Chapter 4, gelation 4 -31. CHAPTER 4 LAND USE DIJTRI3UTIAY SECTION 4 31 VARIANCES 1. When the use district for a piece of property and the restrictions requirement, or stipulations for that district result in a hardship an€ /or the public convenience is not served, the owner or lessee may petition the Plannin Commission anti /or the Town L unci1 Lor a conditional use and occupancy permit. 2. Such petition shall set forth the requirements or covenants which, in their strict interpretation, constitute sucn a hardship or public inconvenience. The intended use under a conditional use and occupancy permit shall be clearly defined including, but not restricted to, plot plan and other drawings, The use district describing the intended use shall be noted. 3. Such petitions shall be submitted to or referred to the Town Planning L:ommission. The Town .Planning anmission, upon payment of a i 25.3 ,i 'iiing lee ...y the petitioner, and after due public notice and hearing at which parties in interest ana citizens shall have an opportunity to be heard, shall transmit its recommendations thereon to the Town Council. 4. The Town Council, in considering such recommendations, shall in regular Meeting invite floor discusston at which parties in interest and citizens shall have an opportunity to be heard. The Council may, after such hearing, deny or permit such petitioned variances with su th added restrict ve covenants as they feel necessary for a period of not more than one year from date of Council decision. 6, The petitioner shall, in acceptance of the variance and such restriction covenants as defined by council action, post either a certified chock or a performance bond in an amount adequate to remove, destroy, or otherwise eliminate the variance at the termination of the time stipulation or in the interim when the Town Council, by two thirds vote, find such variances or restrictive covenants have been violated. 7. Such notice of alleged violations of the permit variance shall be dispatched the petitioner Ly registered mail at least- two weeks prior to regular Council Meeting and he shall be given opportunity to explain his actions to the satisfaction of the Council. 8. The Town council may find either full adherence to the variance or a violation in fact or effect. The variance permittee, formerly the petitioner, shall be given, if a violation is found by the Town Council, an opaortunity to correct such violation within a thirty day period or the permit shall be revooaole, at the pleasure of the Town Council, Gross violation of the variance covenants wall be reason for revocation, upon twenty -four hours notice, of the permit by the Town Council. 1 Q VO 4 on On vote •4aL318 1 8. The Town Council shall take such action as is necessary to remove, destroy, or eliminate the non conforming use with the monies o' the certified check or performance bond. In the event such monies are inadequate for eliiination of the objectionable use the petitioner may be held liable for such added cost. These costs may e collected through due process of law. 10.The Town, Council, Town 'lanning Commission, or any town employee ;hall_ not ee held liana for any damage, real or otherwise, incurred ey action in trying; to insure con formance with this section. 11.The variance and its covenants ruay be renewed during the last. month prior to its termination the Tom. Council after due public notice and hearing. The restrictive cove- nants may De altered at tnis time to insure proper land use or to eliminate unnecessarily restrictive cruses. The Townl council may renew the variance for a period not exceeding one year, suo ject to a new performance bond or certified check as described herein. SECTION 11. PENALTf 1'= VIOLATE x; As provided for in Section 4 -23 SECTION 111, This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law* ?AS. wD by the Town Council and 1.2r e.V trig.. a3ror this and- clay of November, 196ce. At Mix T, Newton, Olerk Filed tor Recor )i't' /3 .1957 /05,M. Request of ROBERT i4: MORRIS bounty Auelitor eLie,„ Baker, Mayor ORDINANCE NO. 293 REPEALED BY ORD 608 AN ORDINANCE OF THE TOWN OF TUKWILA AMENDING ORDINANCE NO. 251 BY ADDING TO CHAPTER 4, SECTION 4 -31, PERMITTING VARIANCES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TUKWILA: SECTION 1. That ordinance No. 251 be amended by adding to Chapter 4, Section 4 -31. CHAPTER 4 LAND USE DISTRIBUTION SECTION 4 31 VARIANCES 1. When the use district for a piece of property and the restrictions requirement, or stipulations for that district result in a hardship and /or the public convenience is not served, the owner or lessee may petition the Planning Commission and /or the Town Council for a conditional use and occupancy pewit. 2. Such petition shall set forth the requirements or covenants which, in their strict interpretation, constitute such a hardship or public inconvenience. The intended use under a conditional use and occupancy permit shall be clearly defined including, but not restricted to, plot plan and other drawings. The use district describing the intended use shall be noted. 3. Such petitions shall be submitted to or referred to the Town Planning Commission. The Town Planning Commission, upon payment of a 625.00 filing fee by the petitioner, and after due public notice and hearing at which parties in interest and citizens shall have an opportunity to be heard, shall transmit its recommendations thereon to the Town Council. 4. The Town Council, in condidering such recommendations, shall in regular meeting invite floor discussion at which parties in interest and citizens shall have an opportunity to be heard. 5. The Council may, after such hearing, deny or permit such petitioned variances with such added restrictive covenants as they feel necessary for a period of not more than one year from date of Council decision. 6. The petitioner shall, in acceptance of the variance and such restriction covenants as defined by council action, post either a certified check or a performance bond in an amount adequate to remove, destroy, or otherwise eliminate the variance at the termination of the time stipulation or in the interim when the Town Council, by two thirds vote, find such variances or restrictive covenants have been Violated. 7. Such notice of alleged violations of the permit variance shall be dispatched the petitioner by registered mail at least two weeks prior to regular Council meeting and he shall be given opportunity to explain his actions to the satisfaction of the Council. 8. The Town Council may find either full adherence to the variance or a violation in fact or effect. The variance permittee, formerly the petitioner, shall be given, if a violation is found by the Town Council, an opportunity to correct such violation within a thirty day period or the permit shall be revocable, at the pleasure of the Town Council. Gross violation of the variance covenants shall be reason for revocation, upon twenty -four hours notice, of the permit by the Town Council. 9. The Town Council shall take such action as is necessary to remove, destroy, or eliminate the non conforming use with the monies of the certified check or performance bond. In the event such monies are inadequate for elimination of the objectionable use the petitioner may be held liable far such added cost. These costs may be collected through due process of law. lO.The Town, Council, Town Planning Commission, or any town employee shall not be held liable for any damage, real or otherwise, incurred by action in trying to insure con formance with this section. 1i.The variance_ and its covenants may be renewed during the last month prior to its termination by the Town Council after ..due public notice and hearing. The restrictive cove- tyr may be altered at this time to insure proper land use ;nr to eliminate unnecessarily restrictive clauses. The Town Council may renew the variance for a period not exceeding one year, subject to a new performance bond or certified check as described herein. SECTION 11. PENALTY FOR VIOLATION As provided for ih Section 4 -28 SECTION 111. This ordinance shall be in full force and effect from and after_-,ita passage, approval and publication as provided by law. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 2ND DAY OF NOVEMBER 1959 mAYOR CHAS o. BAKER CITY CLERK LOIS T. NEWTON