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HomeMy WebLinkAboutPermit L09-029 - NELSON JEFFREY - SPECIAL PERMISSION STREAM BUFFER SETBACKJuly 9, 2009 City of Tukwila Department of Community Development TO: Jeff Nelson, Property Owner 13729 45th Ave S. Tukwila, WA 98168 NOTICE OF DECISION Jim Haggerton, Mayor Jack Pace, Director King County Assessor, Accounting Division Washington State Department of Ecology This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L09 -029 Applicant: Jeff Nelson, Property Owner Type of Permit Applied for: Special Permission -- Director request for a Critical Area Sensitive Area Ordinance deviation to allow a stream buffer setback to be reduced from 10 feet to 5 feet. Project Description: Jeff Nelson, property owner at 13729 45th Ave South in Tukwila, has applied for a Special Permission decision from the Director to allow a reduction of the ten foot buffer setback required along a stream buffer in a residential zone. The applicant is requesting a setback reduction from ten feet to five feet to allow construction of a 384 square foot detached garage on the north side of his existing house. A building permit will be applied for if this application for Special Permission is granted. A Type 4 stream with a fifty foot buffer runs through the west half of the applicant's property. The purpose of the buffer setback is to allow preservation of the function of the buffer area. The buffer and setbacks on this property and the surrounding properties are degraded with homes, lawn, gravel and paving. The proposed garage will be located on an existing gravel area outside of the buffer area. The proposed structure will be setback five feet from the edge of the buffer to allow for maintenance to the new structure without encroaching into the buffer. While the buffer function is likely impacted with existing development, the addition of this garage on an existing gravel parking area located five feet instead of ten feet from the edge of the buffer will not further impact the buffer. Location: 13729 45th Ave S. Tukwila, WA 98168 Comprehensive Plan Designation/Zoning District: Low Density Residential (LDR) II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The Community Development Director has determined that the application for a Special Permission to reduce the required stream buffer setback area from ten feet to five feet does comply with applicable City and SM Page 1 of 2 07/07/2009 H: \L09 -029 Nelson SAO SP \L09 -029 Nelson SAO SP NOD.doc • state code requirements and has approved that application, based on the findings and conclusions contained in the staff report, and subject to the following conditions of approval: 1. The decision to reduce the buffer setback from ten feet to five feet is only for a garage structure with a building footprint as shown on the attached plans (Exhibit A). III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the Planning Commission of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Planning Commission decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision; that is by July 23, 2009. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 4. Appeal fee of $115. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Planning Commission based on the testimony and documentary evidence presented at the open record hearing. The Planning Commission decision on the appeal is the City's final decision. Any party wishing to challenge the Planning Commission decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Planning Commission decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Stacy MacGregor, who may be contacted at 206 -431 -7166 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. The notice board must be removed at the expiration of the appeal period if no appeal is filed. Departm t of Community Development City of Tukwila SM Page 2 of 2 07/07/2009 July 9, 2009 City of Tukwila Department of Community Development 3 MEMORANDUM Jim Haggerton, Mayor Jack Pace, Director TO: Jack Pace, Director, Department of Community Development FROM: Stacy MacGregor, Assistant Planner RE: L09 -029, Special Permission -- Director request for a Sensitive Area Ordinance deviation to allow a stream buffer setback to be reduced from 10 feet to 5 feet SEPA This project is exempt from the State Environmental Policy Act under WAC 197 -11 -800 (1), minor new construction — flexible thresholds. BACKGROUND Jeff Nelson, property owner at 13729 45`h Ave South in Tukwila, has applied for a Special Permission decision from the Director to allow a reduction of the ten foot buffer setback required along stream buffers in residential zones. The applicant is requesting a setback reduction from ten feet to five feet is to allow construction of a 384 square foot detached garage on the north side of his existing house. A building permit will be applied for if this application for Special Permission is granted. A Type 4 stream with a fifty foot buffer runs through the west half of the applicant's property. The purpose of the buffer setback is to allow preservation of the function of the buffer area. The buffer and setbacks on this property and the surrounding properties are degraded with homes, lawn, gravel and paving. The proposed garage will be located on an existing gravel area outside of the buffer area. The proposed structure will be setback five feet from the edge of the buffer to allow for maintenance to the new structure without encroaching into the buffer. While the buffer function is likely impacted with existing development, the addition of this garage on an existing gravel parking area located five feet instead of ten feet from the edge of the buffer will not further impact the buffer. DECISION CRITERIA TMC 18.45.100 (E) permits the Director to waive setback requirements when a site plan demonstrates there will be no impacts to the buffer from construction or occasional maintenance activities. The application and site plan demonstrate that there will be no additional impacts to the buffer from the construction or maintenance of a 384 square foot garage 5 feet into the ten foot buffer setback. CONCLUSIONS The existing buffer and buffer setback is impacted with development. Placing a 384 foot garage in a portion of the buffer setback will not increase the impact to the buffer from construction or occasional maintenance activities. SM Page I of 2 07/07/2009 H: \L09 -029 Nelson SAO SP \L09 -029 Nelson SAO SP SR.doc • • RECOMMENDATION Staff recommends approval of the Special Permission permit with the following conditions: 1. The decision to reduce the buffer setback from ten feet to five feet is only for a garage structure with a building footprint as shown on the attached plans (Exhibit A). INFORMATIONAL ITEMS 1. A building permit is required for the proposed garage. ATTACHMENTS Exhibit A: Site Plan cc: Jeff Nelson, Property Owner Department of Ecology King County Assessors Office SM Page 2 of 2 07/07/2009 z 26' 13729 45th Ave So Tukwila, Va. 98168 Parcel S 7347600225 75 50' it -Nev Garage LoaptiOn 7 1 • . 4.. b4014.- .e.•Pek 41L4"-Il1 Drive •.; -sftici'•• 5 , 10 ' co N" 5' 37 20 20 65 ' For Better Visability Not to Scale rag, 170 ". 0 oJ Jun. 12. 2009 11:50AM 5 7/t. .J 41.4. Ay . ff No. 8252 P. 1 a rt / X 607.5 isi I rg,! 4$7- PIN • { EMBED Word.Picturf } CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail: (HYPERLINKmailto :tukplan @ci.tukwila.wa.us) RED" JUN 17 2068 of ©P;ESPECIAL PERMISSION DIRECTOR APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -SP Planner: .ac , „ rt\o_c_ (,L D — File Number: tePO 6% • c cr Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: DETACHED GARAGE AT THE RESIDENCE OF JEFFREY NELSON AND JOAN MARTIN LOCATION OF PROJECT/DEVELOPMENT: 13729 451x' Ave So Tukwila Washington 98168 LEGAL DESCRIPTION RIVERTON MACADAM ROAD TRS LOT 17 TGW S 25 FT OF LOT 18 CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO L2000 -007 RECORDING NO 2000330001376 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Jeffrey S. Nelson Address: 13729 45`h Ave So. Tukwila, Washington 98168 Phone: 206 - 324 -3456 E -mail: Jeffer's @comcast.net Signature: { FILENAME \p I FAX: 206 - 691 -8609 Date: 6 — / — 0 Z • • Sensitive Area & Studies Plan Owner: Jeff Nelson Address: 13729 45th AVE. SO Tukwila WA. 98168 Parcel # 7347600225 RECEIVED IJUN 17 2009 COMMUNITY DEVELOP) ENT We are requesting a five foot reduction in the Buffer Area Setback Zone to install a small 16' x 24' detached garage. There are several reasons for this request. 1. The driveway location is on the northeast corner of the parcel, and due to its location and the home being setback at about 37 feet the best fit for the detached garage is as indicated on the attached site plan. 2. The garage will have approximately 468 square feet of roof surface, and being that the lot has an already established natural contour having the driveway at a down slope facing east, the opposite of the buffer zone, which faces west. 3. The only area that will be affected by the construction of the new garage will be the already used gravel driveway. 4. if the foundation is extended even another five feet to the east, towards 45th Ave, the front of the garage will compromise some concrete steps and possibly a rock wall that is part of the front garden. 5. According to the area map (attached in these documents) the function of the buffer zone is basically already degraded with houses and lawn that are occupying the buffer and setback. We are proposing that the addition of a garage will not further compromise this already compromised setback area. In addition, we will install Gutters & Downspouts with splash blocks directed towards 45th AVE SO. We intend to excavate only 24" beyond the rear west end of the concrete foundation. This will have the new garage outside of the established 50 foot buffer and about five feet within the ten foot additional setback. We will not be altering any vegetation or adding any non native soil. We will remove only the native soil and rock that is within the foundation area and dispose of offsite Theo Vervilles Tuff Shed Inc. 17500 West Valley Hwy Tukwila WA. 98188 -5500 206 - 391 -2020 Date - 06/16/2009 /172q 'Y fV,SO x&v. %A 4fri? 76/46 '13y 7466`47.5- l / /1 RECENT, ►�� 17 200g N U O : < < 6Q 7 '61 .Ufa 2 26' 13729 45th Ave So Tukwila. Va. 98168 Parcel S 7347600225 75 50' 7 Jr • t 16 Nev Garage Loaction 24 10 ' .ID;`,Gravel Drive 4. 5. 37 -20 65 ' For Better Visability Not to Scale 170 ' Ju61 17 2ON COMidIUMTr DEVELOPI'd3Edfi 4 44ft CityGIS Copyright O 2006 AU Rights Reserved. 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DEVELOPMENT Wv l l 6006 '61 'unr • T BLA L2000-007 71r ti d ZSZB ' °N RECEIVE 'JUN 17 Z009 COMiJjuNu1TY DEVELOP, JVE l l 6002 Zl 'unr { EMBED Word.Picture.( CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: (HYPERLINK tnailto:tukplan@citukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON JUN 17 2009 COMMUNITY DEVELOPMENT ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 13729 45th Ave So Tukwila Washington 98168 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at 14-J17- (city), 1).11A- (state), on 714 & e- 1 / , 20 a/ Print Name Jeffrey S Nelson Address 13729 45th Ave So Tukwila Wash. 98168 Phone Number 21. -,24 -3456 Signature l—or / - Me/tstoin On this day personally appeared before trg S to me known to be the individual who executed the foregoing instrument and ackl>o�I that He/she s'gned the same as his/her voluntary act and deed for the uses and purposes mentioned therein. f% SUBSCRIBED AND SWORN TO BEFORE ME ON THIS i 1 DAY OF r1 1, , 20 D� NOT ' Y PUBLIC in My Commission expires on ( FILENAME \p } • City of Tukwila • Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 - 431 -3670 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us Parcel No.: 7347600225 Address: 13729 45 AV S TUKW Suite No: Applicant: NELSON JEFFREY S RECEIPT Permit Number: L09 -029 Status: PENDING Applied Date: 06/17/2009 Issue Date: Receipt No.: R09 -00910 Initials: User ID: Payee: SM 1166 Payment Amount: $250.00 Payment Date: 06/17/2009 03:59 PM Balance: $0.00 Jeff Nelson TRANSACTION LIST: Type Method Descriptio Amount Payment Cash Authorization No. ACCOUNT ITEM LIST: Description 250.00 Account Code Current Pmts ZONING /SUBDIVISION 000/345.810 250.00 Total: $250.00 doc: Receiot -06 Printed: 06 -17 -2009