City of Tacoma
Planning and Development Services Department
747 Market St, Room 345
Tacoma, WA 98402
PUBLIC
NOTICE
Applicant:
Bertram Ross, 3001 43rd Ave NE, Tacoma, WA 98422, 253-797-2204
Location:
3001 43rd Ave NE, parcel number 0321262117
Date of Notification:
8/4/2015
Application Received:
7/20/2015
Application Complete:
7/20/2015
Documents to Evaluate the Proposal:
Tacoma Municipal Code, Comprehensive Plan
Application No: MLU2015-40000250955
Studies Requested:
None
Proposal:
The applicant has requested a front yard setback variance to allow for the construction of a
deck to encroach into the required front yard setback. The site is located in the "R-2 VS"
Single-Family Dwelling View-Sensitive District.
Other Required Permits:
Building Permit
Applicable Regulations of the Tacoma Municipal Code:
TMC 13.05 Land Use Permit Procedures, TMC 13.06 Zoning
A final decision on the proposal will be made following the comment
period. A summary of the final decision will be sent to those parties
Comments Due: 8/18/2015
who receive this notice. A complete copy of the final decision will be
For further information regarding the proposal, log onto the website at http:// mailed to those parties who request a copy or to those who have
tacomapermits.org and select "Message Board". The case file may be viewed in Planning commented on the project. Appeal provisions will be included with
both the summary and the complete copy of the final decision.
and Development Services, 747 Market Street, Room 345.
Staff Contact:
Dustin Lawrence, Senior Planner, 747 Market St, Room 345, (253) 591-5845, [email protected]
Environmental Per SEPA, WAC 197-11-800 and TMC Chapter 13.12, the Environmental Official has reviewed this project and determined the project is exempt
Review:
from SEPA provisions.
To request this information in an alternative format or a reasonable accommodation, please call 253-591-5030 (voice). TTY or STS users please dial 711 to
connect to Washington Relay Services.
City of Tacoma
Planning and Development Services Department
747 Market St, Room 345
Tacoma, WA 98402
NOTICE OF LAND USE APPLICATION
Page
Land Use Permit
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planning an, Development Sen'ices Department
Fenrrrrr eppr-lcnnor.r ron r-nr.ro use
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PropertV lnformation
" Site Address:
3OO1
(All fields marked with * are required for submittal)
Parcel Number 103212621 1T
43RD AVE NE
Contact lnformation
*
Contact Person:
'Mailing Address:
'Phone Number:
Business Name:
tsERTRAM ROSS
|001
43RDAVENE
l(253)797-2204
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. Email:
"city:
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lbrossl 971 @comcast.net
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'Property Owner:
FERTRAM ROSS
* Mailirg Address:
*
Phone Number:
|001
43RDAVENE - -City:ffi
K253) 797-2244
Email: pffi1971966an62s1
-state:
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-zip:{uzz
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Iype of Permit
!
I
nccessory Dwelling
I
Conditional Use
Boundary Line
Unit
Adjustment
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I Strort eut
! eut
Approval
Site
I
E Reclassification I
Variance
Shoreline
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Variance - Height
Zoning Verification
Other:f
Note: Some Land Use permits require a pre-application meeting with City staff prior to submitting the
application. lf you have not had a pre-application meeting with staff, you can request one online or by phone.
After your meeting, you will be given a pre-application number to use with this application form.
Current Use of Property
Please describe how the property is eurrently being used and what structures exist
applicant requests a fronLyard building setback variance for reconstruction and moderate
rgement of an existing recreational deck on the west side of the home at main floor level that would
into the standard front yard setback area. Based upon information received from a prior meeting
Tacoma development staff, a front-yard building setback dirnension of 20 feet has been established
this parcel, using an averaging calculation method incorporating data from neighboring parcclsnstruction of the proposed enlarged deck would result in a front yard buitding setback dimension of 12
at one point on the proposed structure. The application packet includes groups of photographs and
o orientation maps to assist in the review of this application, as well as a scale drawing- The scale
uses measurements from the existing land-surveyed northwest and southwest property corners to
accuracy.
single family residence constructed in 1990 exists on the subject property addressed 300'1 43rd Avenue
(Tax Parcel No. 03212621 17) (refer to the scale drawing in the file named "Scale Drawing of
:ck"). lt is presumed that the original home builder constructed a small deck accessed by the sliding
glass door off the main-floor family room that did not encroach into the 2O-foot front yard setback area,
ihe applicant and his wife, Bertram and Lynn Ross, purchased the proper$ in March, 2014 and are the
,nt property owners. The original dec* was apparently demolished and a new larger deck built by a
owner sometime after 2010 fiudging by clues from the most-recent exterior repainting project
undertaken) (refer to the group of photos in folder named "IView of Existing Dec*"). This larger deck was
constructed in an unsafe manner, presumably without benefit of a buitding permit (refer to the group of
in folder named "2Deck Construction Deficiencies") and already intrudes into the standard 2O-foot
yard setback area. Primary con@rns about the inadequacy of the existing deck's construction
le: 1. the deckjoist hangers are attached directly to the bevel siding on the exterior wall (no ledger
2. the bottoms of all railing posts are not securely attached to the deck joists, leaving a wobbly midand 3. one end of a structural beam on which the deck joists are supported is not in tum supported
an external post, but rather secured to interior house corner studs via lag-bolts.
,\
i, iacoma
For assistance please contact Planning and Development Services at (253) 591-5030.
V
Page 1 of2
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Page2 of2
Land llse Permit
PERMIT APPLICATION FOR LAND USE
Please describe your proposal. To help you write your description, review the requirernenls and criteria for the
permit for which you are applying, Please address the permit requirements and criteria in your description
below, or if rnore appropriate, in the maps and attachments you provide.
applicant proposes to reconstruct the existing 27't long X 8'+ wide main-floor level deck on the west
of the home (approximately 215 sq" ft.), and to enlarge it to 27t long X {2'+ wide to increase its
(approxirnately 324 sq. ft.). The proposed deck is intended to rneet cunent building code
to make it safe for use. The proposed deck will also encroach into the standard 20-foot front
setback area under a duly-authorized City of Tacoma variance that would reduce the front yard
dirnension to 12 feet at one point on the proposed structure {reier to the scale drawing).
the decision is reached on this application for a front-yard building setback variance, the dimensions
the proposed deck will be established. At that point, a set of structural plans will be prepared and an
for a building permit submitted. The group of photos in folder named "1View of Existing DecK
with this application for a front-yard building setback variance should provide sufficient
for the City's variance review process. Building elevation drawings for lhe proposed deck are
included because the dimenslons are not yet known.
Please review the instruction sheet to determine what aitachmenls* must be submitted with your application,
Types of attachments that may be required are:
Siie ptans, floor plans and building
Landscape
elevations
plans
Building or site sections
Question sheets orstudies
" All application mal,erials must be provided electronically in PDF format. Atlach files below.
Please ensure this application is as oomplete as possible
before submittal to awid any unnecessary delays.
How will payment be
made:
Q
Mail in Check
certify that the information contained herein is
complete and aecurate to the best of my knowledge.
I
lf you would like to retain a copy of this
application for your records, please
Q
Q
watx-in Payrnent
y,i#f,:l::lvw-%
f
cti"x to submit
For assislance please contact Planning and Development Services at (253) 591-5030.
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Page2 of2
Response to Criteria (3001 43rd Avenue NE):
1. The unsafe construction of the existing deck poses a hardship, as well as its relatively
small size. The original 1990 builder of the home (not the applicant) chose to rotate the
home approximately 15 degrees to apparently enhance the view of the Tacoma
Tideflats, which means the west building wall is not parallel with the west property line.
A new and compliant deck built outside the front yard setback area would create an
oddly-shaped and much smaller trapezoidal structure (27’± long X [(10’± + 4’±)/2] =
189± sq. ft.) to maximize its size (refer to the scale drawing).
a. The applicant has not used the existing deck, fearing injury or death from a
catastrophic collapse or failure of the railing. For this reason, the applicant
cannot consider maintaining the existing deck as a reasonable option.
b. The size of the existing deck, when considering loss of usable deck area reduced
by the overhanging roof eves, precludes the use of a square tailgate awning/tent
that would otherwise provide shade from the hot afternoon sun on the westfacing deck. The additional four feet in width beyond the existing deck width
would accommodate such a tailgate awning/tent, as well as room for more
guests and deck furniture.
c. The area of a new, compliant, and oddly-shaped trapezoidal deck would be
about 42% less than that of the proposed and desired rectangular deck (189 sq.
ft. vs. 324 sq. ft.). The much smaller trapezoidal deck would significantly
decrease its usability.
d. An oddly-shaped trapezoidal deck would architecturally detract from the
aesthetic value of the home.
e. An oddly-shaped trapezoidal deck may also contribute to the reduction of the
home’s property value and hinder its future salability.
f. The applicant did not create this hardship.
2. The requested size and shape of the proposed deck is the minimum necessary to afford
relief from the hardship that exists on the property that otherwise limits the home to
construction of a relatively small and oddly-shaped trapezoidal deck on its west side.
With this restriction, the applicant would not be able to erect a tailgate awning/tent to
provide shade from the hot afternoon sun on the trapezoidal deck, nor to accommodate
a reasonable amount of guests and deck furniture. A rectangular deck of sufficient size
would also enhance its usability and precludes an oddly-shaped trapezoidal structure
that would architecturally detract from the aesthetic value of the home.
Page 1 of 2
3. This property has a partial view of the Tacoma Tideflats, and homes with views typically
have decks and/or patios to enjoy the benefits afforded by views (refer to the group of
photos in folder named “3View from Existing Deck”). The area below the deck at
basement level is landscaped with lawn and shrubs; significant changes to the
environmental qualities of this area are not anticipated by construction of a larger
rectangular deck.
The construction of the proposed and desired rectangular deck would have insignificant
impacts (or no impacts) to views of the Tacoma Tideflats from neighboring properties
(refer to the groups of photos in folders named “4View from North Neighbor,” “5View
from North Vacant Lot,” and “6View from South Neighbor”). The neighbor to the north
most impacted by the insignificant view impact (owner of home addressed 3023 43 rd
Avenue NE) has stated no objection to the proposed and desired rectangular deck (refer
to a copy of his signed letter included in the application packet with file named “Letter
from North Neighbor”). The reconstruction of the existing deck, and moderately
enlarging it, would not grant special privilege that is not enjoyed by other properties in
the area.
The property fronts a cul-de-sac bubble on a dead end street, ending just short of the
steep bluff down to the Tacoma Tideflats, with no future need for additional right-ofway acquisition by the City where the deck would produce a conflict with new public
infrastructure.
4. The reconstruction of the existing deck, and moderately enlarging it, on an existing
single family dwelling would not be inconsistent with Tacoma’s Comprehensive Plan.
5. The reconstruction of the existing deck, and moderately enlarging it, would provide
insignificant enhancement or detrimental impact to the public interest. The
neighborhood along the southern portion of 43rd Avenue NE has a mix of newer homes,
some on the east side custom-built (such as that of the applicant), and others as part of
a more recent long plat on the west side. Most have decks and/or patios to take
advantage of the views afforded by the location of their properties.
6. The intent of the variance request is neither to prevent development cost increases nor
to allow the project to follow a standardized corporate design. The reconstruction of
the existing deck, and moderately enlarging it, will be funded by the applicant.
Page 2 of 2
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