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HomeMy WebLinkAboutPermit L09-033 - HALE SETH / GORJANCE ESTATES - SPECIAL PERMISSIONGOBJANCE ESTATES SPECIAL PERMISSION Vincent Gorjance S l66thSt&S4AveS L09 -033 NOTICE OF DECISION October 14, 2008 Vincent Gorjance PO Box 84593 Seattle, WA 98124 Subject: L08 -048 Gorjance Estates 16604 53rd Ave g. Dear Mr. Gorjance: � r 1 JUN 2 2 ?nog co DEVELL The Short Subdivision Committee has completed review of your short plat application (No. L08- 048), and determined that it complies with all applicable City code requirements. The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. This letter serves as the Notice of Decision per TMC 18.104.170. Based on the latest project submittal, preliminary approval is granted subject to the conditions stated below. There are three basic steps in the short plat approval process: 1. Preliminary Approval This letter constitutes your preliminary approval. The application was reviewed bY the Tukwila Short Subdivision Committee and approved with conditions. The conditions imposed are to ensure the short plat is consistent with the Criteria for Preliminary Approval listed at TMC 17.12.020 C in the Tukwila Subdivision Code. Conditions of Preliminary Approval 1. Revise the Survey Map per red -lined sheets 1 & 2 of 2, enclosed. 2. Remove the greenhouse from Lot 2 and do not show it on the survey map. If the greenhouse is relocated to the western lot it must meet setbacks. 3. Do not submit the supplemental sheet for final recording. 4. Owner shall sign with Notary a Sensitive Areas Ordinance Hold Harmless Agreement. The agreement will be recorded at King County, after the Mayor signs the document. SM Page 1 of 4 06/18/2009 C:\Documents and Settings\sethhale\Local Settings \Temporary Internet Files \OLK4F1L08 -048 NOD - Short Plat.doc Please submit the signed agreement at least ten (10) days prior to the expected final short plat recording, as City must have time to process this document.) 5. The proposed house will have a front door facing east while the public right of way faces north. Revise the BSBL to show the 20' front setback facing east and the 10' second front setback facing north. When house plans are submitted, the north side of the house will require a high level of design since it faces the public street. Supplemental Information for the building permit: 1. The driveway surface will need to be paved. Gravel is not an approved surface. 2. If the proposed rock wall including surcharge is greater than four feet, a building permit will be required. It will be evaluated to ensure it is not in a vision triangle. 3. All utilities, including power, are required to be underground, per City of Tukwila ordinance. 4. Owner /Applicant to complete a Traffic Concurrency Certificate Application as part of the future building permit, enclosed. 5. Transportation Impact Fee applies to the future building permit(s). See the Pavement Mitigation and Transportation Impact Fees Bulletin no. A3, enclosed. Appeals This short plat approval decision is appealable to the Hearing Examiner. One administrative appeal of the decision on the short plat, excluding challenges to the DNS, is permitted. If no valid appeals are filed within the time, limit the decision of the Department will be final. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (11/04/2008). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall 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, including any specific challenge to an MDNS. 4. 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. SM Page 2 C:\Documents and Settings\sethhale\Local Settings \Temporary Internet Files \OLK4F\L08 -048 NOD - Short Plat.doc 06/18/2009 • • 5. Appeal fee of $215 [$115 in LDR]. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. 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 Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. 2. Final Approval The next step is to comply with the conditions of approval and submit the necessary short plat documents (survey, legal descriptions, hold harmless agreement, and other required paper work). The surveyor's original signature is required on the face of the survey. All taxes and fees assessed against the property must be current prior to final approval. Please check with the King County Assessor's Office and the City of Tukwila Finance Department prior to submitting final documents. After the documents have been found to be in order, and the all of the requirements of the short plat have been met, the Chair of the Short Subdivision Committee signs your short plat which constitutes a grant of final approval. Expiration The final approved short plat must be filed with the King County Department of Records by October 14, 2009, one year from the date of this preliminary approval or the application will expire. The City may grant a single one year extension if requested in writing prior to the expiration date. 3. Recording The signature of the Chairman of the Short Subdivision Committee certifies that your short plat application is ready for recording. It is your responsibility to record the City approved short plat documents with the King County Department of Records. You will need to pay the recording fees and submit your approved original short plat to King County. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. After recording, the County returns the recorded original to the City of Tukwila within 4 -6 weeks, at which time your short plat is considered complete. You can shorten this processing time by hand - delivering a copy of the recorded short plat to the project planner. SM Page 3 06/18/2009 C: \Documents and Settings\sethhale\Local Settings \Temporary Internet Files \OLK4F\L08 -048 NOD - Short Plat.doc • • In many circumstances, building permits on the short platted property may not be issued until a copy of the recorded short plat (or original) is returned to the Department of Community Development. If you have any questions about this matter please direct them to the project planner, Stacy MacGregor. Sincerely, Jack Pace Chair, Short Subdivision Committee Enclosure: Site Plan, red -lined Sensitive Areas Ordinance Hold Harmless Agreement Traffic Concurrency Certificate Application A3 Public Works Pavement Mitigation and Traffic Impact Fees cc: Jim Morrow, Public Works Director (please initial your approval) Nick Olivas, Fire Chief (please initial your approval) Greg Villanueva, Development Engineer William James Gorjance, Owner King County Assessor, Accounting Division Department of Ecology, SEPA Division L08 -048 SM Page 4 06/18/2009 C:\Documents and Settings\sethhale\Local Settings \Temporary Internet Files \OLK4F L08 -048 NOD - Short Plat.doc J1 June 26, 2009 City of Tukwila • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION TO: Vincent Gorjance PO Box 84593 Seattle, WA 98124 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170. This notice is approved subject to the decision criteria and conclusions that follow. I. PROJECT INFORMATION Project File Number: L09 -033 Associated File Numbers: P09 -086, D09 -104 Applicant: Vincent Gorjance, Owner Type of Permit Applied for: Special Permission Director, Single Family Design Standard Exception, Roof Pitch Flatter than 5:12 Project Description: Request for Special Permission to allow a roof pitch of 3:12 as part of new construction of a single - family home. The proposed single - family residence is of a modern design with a shed roof. Location: Lot 2, South 166th Street, Parcel # 885880 -0041 Comprehensive Plan Designation/ Zoning District: LDR Vicinity /Site Information: The proposed single - family home is located in the McMicken neighborhood. The site is located on a hill above and adjacent to I -5 right of way. It is surrounded by single family homes the majority of which were built in the late 1950's and early 1960's with a few homes of more recent construction. The midcentury homes have flat or low - pitched roofs. Decisional Criteria: According to Tukwila Municipal Code (TMC) 18.50.050 (6) Single Family Dwelling Design Standards require a minimum roof pitch of 5:12. Upon approval as a Type 2 decision, according to TMC 18.50.55 a roof pitch flatter than 5:12 may be permitted when: SM Page 1 of 3 06/25/2009 H: \Complete projects\L08 -048 Gorjance Estates\L09 -033 SPRoofPitch.doc a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. Since the proposed roof pitch is 3:12, this application qualifies for review as a Type 2 decision. The "Modern Style" house proposes modern design features including sealed cedar siding, a standing seam metal roof, a galvanized mesh "green wall ", concrete and panel siding. The eaves are 24 ". The modern design is a simple structure, with fenestration in both vertical and horizontal rows. A deck bumps out from the front acting as a roof over the entrance as well as providing modulation to the front of the building. Conclusions: 1. The proposed roof pitch is consistent with the "Modern Style" of the house. 2. A flat roof is not proposed. 3. The eaves are 24 ". 4. The proposed remodel has extensive detailing and a high level of design. The proposed roof meets the criteria to approve a roof pitch flatter than 5:12. 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 Single Family Design Standard Exception does comply with applicable City and state code requirements and has approved this application, subject to any conditions which are set forth in the Decision. 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. 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, which is by July 10, 2009. SM Page 2 of 3 H• \rmmnlete nrniertc \T. OR -04R Gnriance F .states \T .09 -033 SPRnnfPitch.doc 06/25/2009 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, including any specific challenge to an MDNS. 4. 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. 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. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. 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 4:30 p.m. The project planner is Stacy MacGregor, who may be contacted at 206 - 433 -7141, 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. Nom' Department of Community Development City of Tukwila SM Page 3 of 3 06/25/2009 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplanna,ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly swom 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 ss 5. IC61 5 . d- S ate. S. for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harm less 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 -i wponsiveness to a City information request fo r ninety (90) or more day s, shall be cause to cancel the application(s) without refund of fees. EXECUTED at Tv- L t JUN 2 2 2009 COMiglUNiTY DEVELOPAIiErsT (city), 1-0A (state), on �J - /a 2O Print Name Ve+ L. D b115 OOP an ce Address '1 .O.3 ✓�=He. Box �s1tsq j VIl `gl (gq Phone Number p06 - (J 7a Signature On this day per sonally appeared befor e me to m e known to be the individual who executed the for egoing instrument and acknowledged that be/she signed the sam e as his/her vohmtary act and deed for the uses and purposes mentioned therein. �.1 ., �J ¢� SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF C-r — ` " —\ , 20 — l EA.0c1c, frock NOTARY PUBLIC in and for the State of Washington eliding at Ivy Commission expires on 10 1 9- c0 1 1 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplanna,ci.tukwila.wa.us 1 RECEIVED SPECI► JU 2 2 2009 PERMISSMACAT DIRECTOR APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-SP Planner: CkA'RCk,,&20(- File Number: L —03 3 Application Complete (Date: ) Project File Number: Q001— O8(0 Application Incomplete (Date: ) Other File Numbers: 1...4,4:5-1..e NAME OF PROJECT/DEVELOPMENT: �orhce ICeslcYehc d e J LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Lo+ ., Sloe a, Va /lel� 11 le. //oMes A OS 4ti Sfi "Ave S. #ccess vl a S. 166 +• /Jsechti �h o. S. 1�6 /. Sy LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). $SS'BSO - 00 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: Address: Phone: Se +il 114 i V.14 Vioen* G. Cor'ahce 4. Boy ?L1S / 3 Sec", V4 . 981 a%- 331 -8S78 FAX: E -mail: WI't I%C6@ %Ina; l• GO h1 i /� Signature: _ `!.., Date: !��� Oil b 0