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Home My WebLink AboutLUA79-357 John E. Nelson Sh. Pl. 357-79 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, John E. Nelson and his wife Helmie W. Nelson are the owners of the following real property in the City of Renton, County of King, State of Washington, described as follows: • Tract 146, C.D. Hillman's Lake Washington Garden of Eden Division No. 3, recorded in Volume 11, Page 81 of Plats, Records of King County, Washington. WHEREAS, the owners of said described property, hereinafter "the property," desire to impose the following restrictive covenants running with the land as to use, present and future, of the property; NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to the use of, the land hereinabove described with respect to the use by the undersigned, their successors, heirs and assigns, as follows: INSTALLATION OF OFF-SITE IMPROVEMENTS The owners of the above described property hereby agree and covenant to participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or King County initiated proposal, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required on S.E. 72nd Street, located within the boundary of King County. Or, the owners of the above described property shall be required to install off-site improvements along the length of S.E. 72nd Street from its intersection at 116th Street S.E. to the subject property prior to the issuance of building permits for Lots 1 and 2. The earlier of these occurrences shall he controlling. The owners of the above described property also hereby agree and covenant to participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or City of Renton initiated proposal, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance on N.E. 50th Street. Said improvements shall include but may not be limited to the installation of curbs, gutters, sidewalks, street paving, sanitary sewers, storm sewers, undergrounding of utilities, and street lighting. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Proper legal procedures in the Superior Court of King County may be instigated by either the City of Renton, King County, or any property owners adjoining the subject property who are adversely affected by any violation or breach of these restrictive covenants. Reasonable attorneys' fees incurred during an enforcement proceeding will be borne by the parties whom the court determines are in error and shall be entered as a judgment in such action. .�i!''.. .'�. !2r J E. Nelson Helmie W. Nelson STATE OF WASHINGTON) • COUNTY OF KING On this zip day of -',\y , 19161 , before me personally appeared John E. Nelson and Helmie W. Nelson, the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for theI State ' of Washington, residing in 1�eMA-o1N • • • -2- qi ;, + I H J~ /50 1 I . I , I -7 .'00 ' t4 CLf 1 7.ZC T / ' / I / ji P 1 S I . N f s c // , . . . /0-�' I cZ ,,�- EXHIBIT NO. • �. ITEM NO. 4Lfj, Gc/ a 8`, 71' LC)\<AC ')W\) 4/ RECEIVED F- 151 D�sce//--7-io,.l CITY ®f REi ogj U P� `�� - cz HEARING EXAMINERINER 11 . 7'"P_ACi /4G2, c.o. H/t._GA/i4/1'5 L4'C kt-14S///IGT ,<./ JUN 1 91979 /-/�, • ,o QQ� L /,?,0/-/ Of' .�,6,&1 DIV'/.51OAI /,,/0, 3, f i 0/222'L) AM'7a�e9il0allr12o�:2o a�a54M CANNING o/ . . /eY VOL.(1/-, // p44,6 c / of P , 2 -6-0,e� c 0 - _ . 4-/,/C C;Ooc'r;'- . ,4.5.1;. 706 .i 1 l /7 / P02 T/a"/ ' 4C , 7-2 .0r '3i: f�:! , ,uti�ET .1� ,r ,� G:� 'L 2� � 5� R ..t c ,c258 iP�rroi, f igsi I,W55' /= 'WL//Wela , ' S, ,W /r CAP r7 . S j7 a r . . it'1,41 id 05, /9 79 ..ire , __ � G6', /"r /G. ' ,[ 79 !� 7 . s x�/ t , ale LI �. OP cN '0501P I k e. lk / a w( I. A \ 1,. 1 / � T � to Aii• � N t op . . .. • I at ,,, /.._ ...I . IL iz, 1..): I A , _ - - sw . _ , 1,4 II( 455° III. 4, --lit _ .. P 1 OF REND RECEIUEo h� f"3 �` 4AY 25 197;' IO2SC2/�'T/Gx-1 NI ,_ 4F., - e4C T /4 Co, C, O,, //c.L/ /A�/S L4iCE rt14-9 /,/G TO -- --•4. 4'v� 6. rd 64k'Dt/,/ Of E®e�.J D/✓/SicAi A/C�. 3, /ZCCURGa t G :• /l�G D E?p,�� C 1-3 /A/ t/a 011 P- // % 8/ OF !47 £ , cO,€.D S 1 i `�� /AvC COCMI M q. TO6 k 7, 2 01/:7, 1-702 i/ate k . O ujf 1/4C4 D S, g, 72 tiP .5r. u.16i/1-.1/1-/c". bra J. vcz e r 4. 255-5DSv va • R 2. 2 " E�vr• Sri. 16066. 4n `� a N `A 100 s x ` . ? �., *0 n - • 0/ a Tc2'Z55.SpOO � � z IMP 440MINME111 BEGINNING OF FILE FILE TI 61iiit. if f eivami IC . : Fi El : • • OF R4,, do THE CITY OF RENTON 4$ © z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 n BARBARA Y. SHINPOCH, MAYOR • P1I 4NING DEPARTMENT 94 `o' 235- 2550 0 �P 94, F0 SEP1 ' January 16 ,1981 Mr. John E. & Helmie W. Nelson 2224 N.E. 50th Street Renton, Washington 98055 RE: SHORT PLAT 357-79 , W-358-79 Dear Mr. & Mrs. Nelson: This is to formally advise you that approval of the above referenced short plat has expired on November 25, 1980. If you should have any further questions regarding the matter, please contact me at 235-2550. Sincerely, C6, (€1.7.64_ Roger J. Slaylock, Associate Planner RJB:yb ,% '1 ONOLIE-ICING COUNTY DEPARTMENT OF PUBLt €HEAL . , '-_ ..., r ,`)Divi„ion of Egiviromoi_int3•.1 Ilan-,g,.,iselii$`., - SUBMIT IN DUPLICATE`::''' + SUBMIT IN DUPLICATE SHORT SUBDIVISION REPOIRT Owners Name Street City Zip Phone Agents Name Street City Zip Phone, oomaoodddooAdoddd000d.o ,da,ais.eachartddadddddd000d[Rdddd,looci dd'Adddddddddtooaoacothlo9ddddddddd6d' LATER SUPPLY Method•01. • ® Eristing Public Palter Supply C� .,� i. I (j :n ® Letter of Service Avaliability attached ) y efd Q Proposed Public Water Shapply <P ® Protective Covenant Recording Numbers , �' � �S:C. 'V C,. B 1g60 ' pater Line Easement Recording . . .4' , l't l th�'d t 3_.. .. Individual Wells (All lots greater than 5 ac I 0 ,. ' <,q QQ•� SEWAGE DISPOSAL MAR 24 1980 A ;? ilrNtNG Vti '0�THEAsc • ' Propo odo ® Eristing Sewer District LSj ' ® Utter of service avail1,,•ility ed 3 Individual Systems Soil Log (At least one per acre or one per lot - Percolation Tests (At least one per acre whichever is larger) Including depth to ground- or one per lot - whichever is larger) water ' 2. 2. ' =1�IN/I N '. .7‘ ' // < ,it.) ' r ! L /— Z 0 77 KIN/IN Q: , �� ' /1), i4 "4 I. 1etIN/Ira ,, / �..0-: �,4 �_ / a Soil Tested By: '( ... .� 2% % z ..-- , Certified•, signer or Civil Saraitar0 Engineer oiaf4;eit 1ddAt?dtrdki.e(oddC-0do9odBddddddddddddddddddddddddddddf3dddd[aoaatoJddAdddddGYd6dddAdOvettaoaddAA - DEPART12ENT'USE ONLY ti WATER SUPPLY: - n ® Public Supply Letter.of Servi , }�'railability - Acceptable` Source "Location - Acceptable - Covena ed and Easements on File Plans o ,construction, eutensions alteration or changes of the : Public Water Supply submitted and,,apprcoved -_ Letter on pile Selvage Dieposal a 6 a1 Soil Depth Accteptable. - " . WWI Percolation Rates Acceptable.' ', (i it Sufficient Area for Disposal . , , `, 1' 3;f.,, 9 ; m - APPROVED ' , ITE' sA1 P1�0 � /.� DATE 0 : 9 r.re - .. 1 , / s Z ,nid s �°Y'3 !tc�e.- hd,`/C/,� /O/ _ RV ' r !?drr®�ncnays r ��. /�-e- cv d : 6 1e' - Cedar `ater71, i/Z'1/rW - ..d74tera. d A / - ` The auitabilit& for the type of sewage disposal being proposed must be determined and the , type of sewage disposal must' be approved by the Health Department plsipr to the,l4nitiation ' ','of building on each building site not served by a public eeWerro ,-41adoaaaodoeo-aoaamdad000ams.000ic.6ct adoaddraose000gam'ooaoaadaadomoocoopadddoadaadadoarrdaddoeaaamt , Seattle Offige 904 Public Safety Building, :,Seattle 98104 625-2571- North End 1600 N. E. 150th, Seattle 98155 363-4765 Easteide : 15607 °No E. Bellevue`-Redmond Road, „' ' i .865-1278 or ' Bellevue 98008 747.-1760 ' Southeast 3001 N.E. 4th Street; Renton 98055 \ ;'228-2620 '_ Southwest . 10821 8th. S. W. , Seattle' '98146 - �, 244,-6400 ' -•,.L.mmm, ---,...,. -.- •,..,, ..-• , —', ',-, - w r,n ran :3=,i,;*,-,«*-', a-s,-,a:-..,1,-,5--+xr.r-?"'-'.,-wm; ..,. _ , .plf.-tj,, ,,T4 . it 1 ... I I ! I / ._. .. J 3� i f � • :k4 : . • t J � � %�=� 1 i 1, fl 1 : • rf j 41 I i 1,, /,`4./ . f ' 7 , . i j 1 t • / / tiJ 1 j k:' .= ",_.i - .�+„J 4)/t?c sr' // J / , ; I 1 y- //// I L 1 / �r.. 1 t • N ! I r\ / • 1 R Pil,;E I V ifr I . r• • 4,ti ' /mac / : - ' .� / -. . r `� MAR2 • �� --- ��' % � 4 1980 I-/ �>- t_w 1= ../.:::',J 'i.'',..). e. /s ;-0 , , .4 .W'.'C- r /� 6 7" C� C:7-7,i:.-�./i ; ) a aCa�1THEH5 �i�t Mk,f F%'f1/' ;7' ::..)t3.4f., 1) 'e'r.- f i;,5 HEALTI4 ,WFFIer • 27 �-.t :7-.4;'1:,'Ci7Z` F:J /7-,4: f�,!J/•r- ;f :,•":,J ,• -._Y. 4 ,i r1:J r 'C. • AJ 9 j 7-Az- S ./:1-�i-27- '%., 2--- -3 _.. ..---? - 2 SCALE: •/,-..�. APPROVED BY: DRAWN BY DATE: �f _75; REVISED ' DRAWING NUMBER . I1R17 PRINTED ON NO. IOOOH CLEARPRINT 111 • OF RA,A A 40$ z THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 4 ° BARBARA Y. SHINPOCH. MAYOR • PLANNING DEPARTMENT 9.0 co' 235- 2550 0,9gT�D surftiO4, June 27 , 1980 John E . and Helmie W. Nelson 2224 NE 50th Street Renton, Washington 98055 RE : SHORT PLAT 357-79 , W-358-79 Dear Mr . and Mrs . Nelson : We are in receipt of your request for extension of time on the above referenced short plat and waiver applications . These applications were accepted by the City of Renton on May 25 , 1979 and expire after one year. Your request for extension of time was received within the one year approval period . Pursuant to Section 9-1105 (10) , the Planning Depart- ment is authorized to grant an extension of time of up to six months . Based upon the necessity to resolve various public improvement issues as described in your letter of May 21 , 1980 , the Planning Department hereby extends . the above referenced short plat to expire on November 25, 1980 . If you should have any further. questions regarding this matter, please contact this department . Very truly yours , Gord4'n Y. Elk en, Planning Dire for t (1/P d R . �Clemens, Senior Planner DRC ;sh • Renton, ilaghirigton May 21, 1980 Gordon Eric n, Ply Director • City of Futon Renton* Va. 55 Res Pile 4. Short Ply #34?•79 Dear Sirs ,k, ara requesting a time extensicn on our Short Plat 347-79 from the date ©f approval of June 27. 1979, *dab if we are corsvect would eztend it to Decerter 2?, 19Sa. Cur problem is the water line to serve the upper two lots. Sing County Water District 107 has permitted the other two property waters with h existim Imams to...punt in 1,0 lines to servo their hems. are now Raking us to put in an at line for our property. itTa are finan sally unable to do eo, without the participation of the other two property camera, and they are not willing to take on this added cost. one party would do eo theough an S.I.D. - but the tiater District tells us end LLD. for tour parcels of property would be extremely costly - that it would have to be tied into another L.I.D. which could take several yew. vices of the above cited problem; kindly gram us this time extension. ... .rely© ;�� t l tst . et John E. Nelson • 2224 N. So 50th St. Renton, Was 93055 RECEIVED CITY OF RENTON HEARING EXAMINER • MAY 2 71980 AM PM 7a$49w Jhf2i l 12131415,6 41 RE N Po+ June 27, 1 ® OFFICE OF THE LAND USE NEARING EXAMINER v �'� ' LLJ CITY OF RENTON / REPORT AND RECOMMENDATION . A�AN ,mG°�� APPLICANT: John E. Nelson FILE NO. Short Plat 357-79, W-358-79 LOCATION: Vicinity of 2224 N.E. 50th Street. SUMMARY OF REQUEST: Applicant requests approval of a proposed four-lot short plat for future residential use. A waiver of the required off-site improvements is also sought. SUMMARY OF ACTION: Planning Department Recommendation: Approval with restrictive covenants. Hearing Examiner Decision: Approval with restrictive covenants. PLANNING DEPARTMENT The Planning Department preliminary report was received by the REPORT: Examiner on June 15, 1979. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on June 19, 1979 at 9:05 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. David Clemens, Senior Planner, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: Short Plat as submitted Exhibit #3: Short Plat with staff comments The Examiner asked the applicant if she concurred in Exhibit #1. Responding was: Helmie Nelson 2224 N.E. 50th Street Renton, WA 98055 Mrs. Nelson indicated concurrence in the recommendations contained in the report. The Examiner inquired whether septic tanks or sewers are proposed to serve the upper two lots, Lots 1 and 2. Mrs. Nelson indicated that a septic system is currently proposed. The Examiner inquired if water service is available to Lots 1 and 2. Mrs. Nelson advised that water service would be furnished by Water District 107 although she was uncertain of the size of the existing lines. The Examiner inquired regarding incidence of slippage or erosion on the slopes adjoining the property containing Lots 1 and 2. Mr. Clemens and the applicant advised that the property in question reflects a stable condition. The Examiner requested testimony in support of the application. There was no response. He then requested testimony in opposition to the request. Responding was: Gail Baumgartner 7425 114th S.E. Renton, WA 98055 Ms. Baumgartner was affirmed by the Examiner. She stated her concern regarding increased traffic resulting from the proposal onto N.E. 50th Street, a narrow roadway, and inquired if sewers would be installed on the site. The Examiner asked the applicant if her existing residence is served by sewer or septic system. Mrs. Nelson advised the existence of a septic tank. The Examiner requested further testimony in opposition. __There was no response. He then requested general comments. Responding was: Sh. P1. 357-79 Page Two James Hart 11055 S.E. 72nd Renton, WA 98055 Mr. Hart advised the existence of a discrepancy on the short plat map which includes a portion of S.E. 72nd Street north of the proposal in the Renton city limits, and clarified that the roadway is contained within King County boundaries. Therefore, he indicated, approval of a waiver of off-site improvements may not be within the city's jurisdiction. Mr. Hart stated that an application for vacation of S.E. 72nd Street is currently underway in King County, although the applicant has not indicated support in the request. He noted that off-site improvements have not been provided in other recent developments in the area and the roadway is consequently deteriorating. Referencing Section F.1 of Exhibit #1 regarding water and sewer service, Mr. Hart clarified that existing water lines on S.E. 72nd Street are private, a large water main on S.E. 50th Street provides service to his residence, and an existing 8-inch sewer line in Lake Washington Boulevard cannot accommodate additional service until a new trunk line is installed. The Examiner inquired if Mr. Hart's property is served by septic tank and whether he is aware of any problems with septic tanks in the area. Mr. Hart advised that his property is served by a septic tank and he is aware of only one septic problem which has occurred to a new residence located on the corner of Lake Washington Boulevard and N.E. 50th Street. Referencing previous comments regarding participation in the vacation of N.E. 72nd Street, Mrs. Nelson clarified that she had withdrawn her support of the street vacation upon discovery that an adjacent property owner was not participating, and denial of access to Lots 1 and 2 would occur. She stated that the vacation ordinance currently under consideration by King County would vacate the portion of S.E. 72nd Street from Lake Washington Boulevard to 112th Avenue S.E. , but properties located between Tracts 145 and 146 would not be included because at least 50% of the abutting property owners had not agreed to participate. The Examiner inquired whether the roadway is a street right-of-way or an easement, and whether the public would retain easement rights to use the street if vacated. Although Mr. Clemens was uncertain, he presumed that S.E. 72nd Street is an existing right-of-way at the present time. He indicated that in most cases the only rights which would remain as a result of a street vacation would be for the purpose of public utilities, although King County procedure may differ. Mr. Hart advised that upon approval of a vacation in King County, individual property owners assume title to 30 feet of the land although dedication of five feet on each side of the centerline is requested for future installation of water and sewer lines. He also stated that any future easement or access on that property must be accomplished separately and must be addressed at the time of the street vacation. The Examiner noted that if the street remains a public right-of-way, access is available to residents, and the City of Renton may or may not have the authority to waive off-site improvements on a roadway in King County. Mr. Clemens agreed to research the matter and receive clarification from representatives of King County and the City Attorney. The Examiner stated that resolution of the matter may require more than the normal 14-day period allowed the Examiner for issuance of a decision, and asked the applicant if she objected to extension of the time period to 30 days. The applicant indicated her concurrence in the request. The Examiner requested further comments. Since there were none, the hearing on File No. Short Plat 357-79 and W-358-79 was closed by the Examiner at 9:35 a.m. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a residential four-lot short plat of +5 acres and a waiver of off-site improvements subject to a covenant for future installation. 2. The Planning Department report sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, R.C.W. 43.21.C. , as amended, the subject proposal was determined to be exempt by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. Sh. P1. 35.7-79 Page Three 5. The proposal is compatible with the required setbacks, lot coverage and height requirements of Section 4-729(D) of Title IV, Ordinance No. 1628, Code of General Ordinances. 6. The subject property is located in the far north section of the City of_Renton in the vicinity of 2224 N.E. 50th Street. The lot is bounded on three sides by King County. • 7. The• applicant proposes dividing the subject property into four lots. Three of the proposed lots would contain 9,600 square feet each. Two of these, Lots 1 and 2, would be located along the northernmost portion of the subject property. The third, Lot 3, • would be located along. N.E. 50th Street at the extreme southwest corner of the subject property. The fourth remaining lot, #4, contains the applicant's current residence and will be over four acres in size. 8. Lots 3 and 4 will both front on N.E. 50th Street. The other two lots will front on S.E. 72nd Street, an unopened (dirt and gravel) King County street right-of-way. There is• currently no sewerage available and Lots 1 and 2 are along a private water main. The applicant proposes septic tanks for the three undeveloped lots. The developed Lot 4 has an existing septic system. • 9. The topography of the site rises from south to north at an average slope of 16.5%. The northernmost lots are located about 4/5 of the way back on the subject parcel and high up on a bluff overlooking the remainder of .the lot and with views of Lake Washington. 10. The upper•portion of the subject property is heavily wooded with a variety of vegetation. 11. The applicant's existing residence and some accessory buildings are located in the north central area of the subject property. The area is generally developed with scattered, large lot, single family residences. 12. Testimony, other than the applicant's,' centered around the probable increase in traffic and the availability of water and whether or not the Renton Hearing Examiner had the jurisdiction to waive off-site improvements on a King County street. 13. Lots 1 and 2 are each adjacent to other developed lots which use the unimproved dirt and gravel road for access. There are no off-site improvements in the area. There- has been a request to have this portion of S.E. 72nd Street vacated. Such action would cut off access to the applicant's proposed northerly lots and require private easement arrangements. Without the applicant's support the vacation will probably not.be successful. The applicant has requested a waiver for• off-site improvements along -S.E. 72nd Street pursuant to Section 9-1105.6.B. 14. The plat map submitted by the applicant does not indicate the right-of-way for S.E. 72nd Street which is neither opened nor vacated at present. CONCLUSIONS: 1. The subject proposal is consistent with the Comprehensive Plan which designates this area as suitable for single family residential development. In addition, the proposal is compatible with the subject property's zoning which is G-9600. The proposed lots either meet or exceed the district's minimum lot area requirements. 2. At present there are no off-site improvements along S.E. 72nd Street and the present street is no more than a narrow dirt and gravel roadway. Therefore, Lots 1 and 2, which need access via S.E. 72nd Street, should not be developed until the roadway is opened and improved. The lack of improvements, though, should not stop the proposed subdivision which is consistent with. land use in the area. The applicant should therefore be permitted to subdivide the subject property subject to covenants to install the off-site improvements prior to development. 3. Because the frontage of Lots 1 and 2 lie along a King County right-of-way, the Examiner believes that the issue of jurisdiction for the issuance of a waiver from the requirements of off-site improvements is valid. Therefore, the waiver shall be subject to the needs and requirements of King County in addition to those conditions laid out in_ Conclusion No. 2, that is, S.E. 72nd Street is to be improved at the request of King County or upon development of Lots 1 and 2, whichever occurs first. Sh. rl. 357-79 Page Four 4. The approval of this short plat will be conditioned on the prior approval of the King County Health Department of the plans for septic tanks. DECISION: Exhibit #3 and the waiver of off;site improvements are approved subject to the following conditions: 1. A restrictive covenant requiring installation of off-site improvements along S.E. 72nd Street under the following circumstances and in the following manner: a. By participation in any future LID instituted by or on behalf of King County for the improvement of S.E. 72nd Street; or b. Installation of off-site improvements along the length of S.E. 72nd Street from its intersection at 116th Street S.E. to the subject property prior to the issuance of building permits for Lots 1 and 2. The earlier of these occurrences, "a" or "b", would be controlling. The restrictive covenant shall also require future participation in an LID on N.E. 50th Street for off-site improvements. 2. Approval of septic tank installation by the King County Health Department prior' to recording of the plat. 3. Correction of the plat survey to indicate the existence of the non-vacated S.E. 72nd Street right-of-way. ORDERED `THIS 27th day of June, 1979. Fred J. K man Land Use Hearing Examiner TRANSMITTED THIS 27th day of June, 1979 by Affidavit of Mailing to the parties of record: Helmie_& John Nelson, 2224 N.E. 50th St. , Renton, WA 98055 Gail Baumgartner, 7425 114th S.E. , Renton, WA 98055 James Hart, 11055 S.E. 72nd St. , Renton, WA 98055 TRANSMITTED THIS 27th day of June, 1979 to the following: Mayor Charles J. Delaurenti Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Lawrence J. Warren, City Attorney Michael Hanis, Planning Commission Chairman Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before July 11, 1979. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error. in judgement, or the discovery-of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which,requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the Finance Department, first floor of City Hall, or same may be purchased at cost in said department. w • OF f do , U t$ a THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER 9q `O FRED J. KAUFMAN. 235-2593 0,9gTtO SEPIE�O�P July 17, 1979 %R E N Mr. & Mrs. John E. Nelson IsC5• .`9 2224 N.E. 50th Street g 19 Renton, WA 98055 V 1 t� RE: File No. Short Plat 357-79; John E. Nelson. 4 AAA �Q Dear Mr. & Mrs. Nelson: N•NE N �' This is to notify you that the above referenced request, which was approved subject to restrictive covenants as noted on the Examiner's report of June 27, 1979, has not been appealed within the time period established by ordinance. Therefore, upon signing of the restrictive covenants, this application is considered final. Please contact the Planning Department for information regarding preparation of the final short plat mylar for filing with King County. Sincerely, \( .‘1(i)jrN" Fred J. Kaufman Hearing Examiner cc: , Planning Department City Clerk `S• OF RtA 0• THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 oems CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER 9A 43 FRED J. KAUFMAN. 235-2593 0,9gT fD SEP1°° July 2, 1979 ‹( Z Helmie & John Nelson °S11://' Li3 I 2224 N.E. 50th Street 00 h.,Renton, WA 98055 r� �� RE: File No. Short Plat 357-79, W-358-79; John E. Nelson; C'1N NTriG Supplementary Request for Reconsideration —� Dear Mr. & Mrs. Nelson: I have this date reviewed the above-referenced request for reconsideration and my response follows. First, the lot identification numbers are based on the Plat Map submitted by the Planning Department and identified as Exhibit #3, attached to the Examiner's Decision (see attachment) . Exhibit #3 is the Plat Map upon which the approval was based. The two northerly lots are, therefore, identified from west to east as Lot 1 and Lot 2. The southerly lots are identified as Lot 3 (extreme south- westerly lot) and Lot 4 (large remaining lot) . This is also the manner in which the Planning Department Report identified the lots. I hope this straightens out any possible confusion. Next, the City of Renton, in which the subject property is located, may attach conditions to development within the city limits which are reasonably associated with the public health, safety, and welfare. This includes off-site improvements which are reasonably related to access for essential services, including but not limited to, fire and police protection (Sections 9-1105.6, 9-1104.1.A, 4-3010.D) . The City of •Renton will be responding to these demands for services and, there- fore, the recommendation by the various city departments, adopted by the Examiner, was to require improvement of SE 72nd Street prior to constructing dwelling units upon those two lots (Lots 1 and 2) . The only access to these two lots is via a circuitous route outside of Renton and then via an unopened King County street right-of-way. The required improvements are necessary for the provision of adequate protection of the public health, safety, and welfare of residents and property located within Renton city limits but accessible only via the King County road system. Finally, the sewerage requirement was intended to mean that the Seattle-King County Health Department approve the sewerage method chosen. If the method you outlined in your letter, a drain field easement, is acceptable to that agency, Helmie & John Nelson • July 2, 1979 Page Two • • it would meet the Examiner's condition #2. Otherwise, Lot 3 (see attachment) cannot be developed until an acceptable means of sewerage is available. Again, I trust that this letter answers your concerns. If you have any further questions, you may contact this office for assistance. Sincerely, Fred J. ufman Hearing Examiner • FJK:bd • Attachment • cc: Parties of Record Planning Director Gordon Ericksenp Mayor Charles J. Delaurenti City Clerk Michael Hanis,'lPlanning Commission Chairman • Councilman Richard M. stredicke Public Works Director Warren Gonnason City Attorney Lawrence J. Warren Ron. Nelson, Building Division r.40. z_o .26z 6 4 ' . .. 00111 . -vow .., 1115 ..0 (------------ . i _ .."te...." 0 •/.74•/), ' . Mr; Fzy" . mg-J, . , 0,, ..,-.„2.7.?‘ • .- /WO !"\-----... f7P2S&Greci N. -•it.. .1 •••7 . \....,....*""ss..... 55Wiv e.r . - 7525-55Z: t g7-1 "" 777, 7` Ad •,._.-y .,. - ' - .2- ''1 "z--.S' ("a.,-:7:71,04 ais.•; --•-•/ -L:'•:,:f .-':•=.',h?t;•7_4. fr.:P'"?' ,-:_/^","_7_: V/V4-?41111blk‘II I 1 "7-7 -...' •----:•-? rC. 'Oil fv...-2/:////a ''FIg _710 iv.?:72Y/PV 16 ,/•_.,..:)./iy.4,--., -,1 :,7-21.Y7 :f,fr/1/7-:,/I-7'0', '',P,' ..6.71:fal.. . ...--. ......,._ . • w...z---....) \„c......z.:__ .L4 -.s° . SIM Ali • ----...., . .a- , -— ---__-‘.•=.: • -- •Iii de , . • ,... 1411 itiv..., . .0...... • ...,fr, I 414 . i 0 ak - Nor ...., 11. . s , • r _-a . .. 4 r - Ok.....- Na 400,10122 41111111111.1.10 . sNJ I . /1114 Iv. it __41r._ Wirit I - . .."1 •IN. -.., • . ' • . Jo-he /lie/se4 .U4-1 //,E f" CHAO C!Y Renton, Washington �� H�=Ra'rr� June 29, 1979 , '. • i979 Fred J. Kaufman ; fst «,, Land Use Hearing Examiner >. City of Renton Renton, Washington Request for Reconsideration Short Plat 357-79, W 358-79 Dear Sir: As a supplement to our previous request for reconsideration, we are submitting this letter. 1. We feel the requirement to participate in a future L.I.D. to improve S.E. 72nd Street to its intersection with 116th Avenue S.E. is acceptable. 2. The requirements that no building permits be issued on(Lots 1 and 2 ) our copy of the proposed plat shows these northerly lots as #3 and #4 until the frontage improvements east to W. 116th S.E. is anc: unreasonable requess. This is a county road, with county residents presently using the street and having been permitted to build there with the present access. Oub lots L and 4 are in the City Limits - to require that we alone mig t be faced w th the improvement east -4 116th appears to us to be imposing restrictions that none of our neighbors have been required to do. We question whether this could be legally required of us - at least this opinion has been expressed to us by many persons. 3. The northerly6ots #3 and Ohave passed the_perc test. I,ot #1 J bordering N.E. 50th St. the firm tFiat performed the test told us at the county would permit this to be included in the plat as as unbuildable lot, until such time as slivers were installed. He said that s second option would be to provide a drain field on our residential acreage, Lot 4 providing an easement. Would this be acceptable in the City? Thank you for your consideration of this request, and our previous letter of the same date. Ve truly yo s, cc - Planning Director Gordon Erickson elmie & John Nelson - Mayor Charles Delaurenti 2224 N.E. 50th St. - City Clerk Renton,,Wa. 98055 - Michael Hanis n /j OF o THE CITY OF RENTON U 6 © z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WA:/ } 0 CHARLES J. DELAURENTI MAYOR • LAND USE HEAF1(�ErE�� 9oD9q ��P`O FRED J. KAUF i � 4 TFD SEP-% Alt1 29 1 • June 29, 1979 Helmie & John Nelson ‘vN1NG DO' P 2224 N.E. 50th Street Renton, WA 98055 RE: File No. Short Plat 357-79, W-358-79; John E. Nelson; Request for Reconsideration. Dear Mr. & Mrs. Nelson: I have had an opportunity to review your above referenced request for reconsideration and find that there is a slight possibility that the quoted language may be misconstrued. The condition was not intended to mean nor does it mean that actual installation of septic tanks must precede recordation of the plat. Under these circumstances, Condition No. 2 which reads, "Approval of septic tank installation by the King County Health Department prior to recording of the plat" shall be changed to read, "Approval by the King County Health Department of the subject parcels for future septic tank installation." The lot area you describe is correct and is in error on the report. The error does not create any problems of substance and the Examiner's decision has been corrected to reflect that change. The plat as approved by the Examiner's decision is based on the submitted plat, Exhibit #3. Any alteration in the number of lots because of action by the King County Health Department is unnecessary at this time. The short plat only becomes finalized after the appropriate recording of the plat mylar with King County. The Planning Department can be of assistance in finalizing your plat. I trust this clarifies the concerns expressed in your letter. If I can be of further assistance, please contact this office. Sincerely, 14.. ` (Ykdi-41 , Fred J. Kaufman Hearing Examiner cc: Parties of Record • • • Renton, Washington RECEIVED June 29, 1979 CITY OF RENTON HEARING EXAMINER Fred J. Kaufman JUN 2 91979 Land Use Hearing Examiner AM PM City of Renton . 7,R,9%10,11112,1 e21314i5,6 Renton., Washington i • Request for Reconsideration . Short Plat 357-79, W 358-79 Dear Sir: Pursuant to Title Iv, Section 3015, City of Renton Code of General Ordinances,, we are requesting Reconsideration of'your decision on our Short Plat Application. t�. Item 2 - The requirement ,reading nApproval of Septic Tank Installation'by the King County Health Department prior .to recording' of the Plat"." If this provision were to remain we are requesting a change in the wording "To • approve the lots .for Septic Tank Instalation".. We are concerned that the . . inte'rpreation of the decision as rendered might require the actual installation of the septic tanks - prior: to recording of the plat. This would represent a definite .hardship to us and an additional'financial burden, might impair the sale of the property as a potential purchaser might want to change the location of the septic tank .install.ation (subject to proper approval). -) • . We have been,told ,that A neighbor, whose property is in the City of Renton, was able to subdivide his property and sell several parcels without prior Septic Tank Approval. The requirement, according to the information we have, was than approval of the septic tank installation would only be required prior to issuance of a building permit. If this is correct, we feel t at we should .likewise. � . be granted approval on this, basis. '# / e -1 We have arranged to have the percolation tests. done, but due to the the tremendous, backlog Of work most of these. firms haves this has taken time. Then, tool we do not know how much time the Health Department will require for their determination. We do 'not believe.there is a possibility that.septic tanks will not be approved. However, we. discussed this possibility with Dave Clemens,, Senior Planner. We asked him if 'one or:more lots did not meet the requirement if we could. ccmbine Lots 1 and 2 into one 4$,000 square feet' lot and add lot 3 to our existing property containing our residences and he indicated that this would pose no 'problem. We would like this point clarified in line with our telephone conversation with you. Page 3 of the Report & RecoMmendations :should be ' corrected to show Lots 1 & 2 each 24,000 sq. fet., lot 3, 9600 sq. feet. The requirements for road improvements seem to be quite stringent .and costly, much greater than those imposed upon neighboring property lying in the county. We would therefore not like to have the additional, problems imposed.on us on the septic tank installation. Kingly clarify this for us. Thank you. CC- Mayor Charles Delaurenti m Delores Mead,City Clerk • -Councilman Richard M. Stredicke Helmiefiolgrikdot/14414* _Gordon Erickson, Planning Director 2224 N. E. 50th St. Renton, Wa. 98055 de/so,' RE> AEC«Eb 2 JUL 2 • NG 7(30 4, DEp!.` J. Aauf man �\^ Land Use leering examiner city of anton enten, Washington .equest for "'econsideration Jeer Art ee a supplement to our previous request for reconsideration, we arc 3'!b tt::ne this letter. 1. Ye feel the requirement tn -aarvicipata in a future L.I.D. to imprt v- . . 7221d street to its int srseectirn with 116th Avenue i. . is acceptable. 2. the requirements that no beillier permits be iseued ontec:is 1 and 2 ) our copy of the propose i plat see ws thee( :►c rteer7y lots as ;,3 and g 4 until the frontage irprovements east to ///. 116te .. ;. is an' unreasonable requesr. this is a county road, with cr enty reei der is presently us tie tee street and having been per ittod to 'au-ll there with the present access. •.ut lots 3 and 4 are in the t,ity if mits - to require that we alone ::sight be faced with the inprovenent east tf 116te appears to us to be imposing- restrictions that none of our ne.;gebors nave box: required to do. tie question whether this could be legally required of us - at least tnis opinion has been expressed to us by many persons. 3. flee northerly lots ,3 and . have passed the perc test. (Lot el dt;e ) bordering e. ,. Ot ,t. the Vie- t lat performed the test told us - teat the county would permit teis to be ircluded in the plat as' as unt-uildable lot, until sucn t2e4 es mowers were installed. .c said that s second option would *Go to provide a drain field on •.ur residential acreaen, lot 2, previdiee an easement. ,:ould this acceptable in the city? Plank you for your corsi deratien of tei.3 requ•eet, and our previous letter of the same date. erg truly yo:lrsy� %teettiee cc - Funning Director cordon ricee n elmie Jeen :seesen :atyor Charles eelauronti 2224 �°• • Oth ;t. - (.it Clerkenton, ea. ea - :ichael "ions E. 357-79. Nelson • DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, John E. Nelson and his wife Helmie W. Nelson are the owners of the following real property in the City of Renton, County of King, State of Washington, described as follows: • Tract 146,..C.D. Hillman's Lake Washington Garden of Eden Division No.• 3, recorded in Volume 11, Page 81 of Plats, Records of King County, Washington. WHEREAS, the owners of said described property, hereinafter "the property," desire to impose the following restrictive covenants running with the land as to • use, present and future, of the property; • NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose • restrictions and covenants running'with the land as to the'use of the. land hereinabove described with respect to the use by the undersigned, their successors, heirs and assigns,.ag follows: • • • INSTALLATION OF OFF-SITE IMPROVEMENTS The owners of the above described property hereby agree and covenant to participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or King County initiated proposal, and pay their fair share therefore,_for the purposes of providing the necessary off-site improvements required'on S.E. 72nd Street, located within the boundary of King County. Or, the owners'of• the above described property shall be required to install off-site improvements along the • length of S.E. 72nd Street from its intersection at 116th Street S.E. to the subject property prior to the issuance of building permits for Lots 1 and 2. The earlier of these occurrences shall he controlling. • The owners of the above described property also hereby agree and covenant to,participate in, .sign a, petition in support of, and accept any future Local Improvement District (LID) or City of Renton initiated proposal, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance on N.E. 50th Street. Said improvements shall include but may not be limited to the installation of curbs, gutters, sidewalks, street paving, sanitary sewers, storm sewers, undergrounding of utilities, and street lighting. • DURATION • These covenants shall run with the land and expire on December 31, 2025. If at any . time improvements are installed pursuant to.these covenants, the portion of the , covenants pertaining to the specific installed improvements as required by the Ordinances'of the City of Renton shall terminate without necessity of further documentation. • • • Proper legal procedures in the Superior Court of King County may be instigated by either the City of Renton, King County, or any property owners adjoining the subject property who are adversely affected by any violation or breach of these restrictive covenants. Reasonable attorneys' fees incurred during an enforcement proceeding will be.borne by the parties whom the court determines are in error and shall be entered as a judgment in such action. • 411P .(• • c , . Jq. E. Nelson • s---)2!%?-;;;[.4?-1,0?"' /.1/1 Helmie W. Nelson • • STATE OF WASHINGTON) COUNTY OF KING ) • • • On this 'day of l. i • . , 19 7`I•, before.me personally appeared .' • John E. Nelson and Helmie W. Nelson; the persons'who'executed the within and foregoing • instrument, and acknowledged said instrument to be the free and voluntary act and deed ' of said persons for the uses.and purposes therein mentioned. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I ` Notary Public in and for the State • of Washington, residing in i:. • -2- OF R A • • ;, • THE CITY OF ,RENTON' • 4 . 0 z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH.98055 n e CHARLES J. DELAURENTI MAYOR • LAND USE'HEARING EXAMINER o • • 9.00 `O• • FRED J. KAUFMAN. 235-2593 0�P 'July. 17, 1979 Mr. & Mrs. John E. Nelson 2224 N.E. 50th. Street Renton, WA 98055 • RE: File No. Short Plat 357-79; John E. Nelson. bear Mr. & Mrs. Nelson: This is to notify you that_ the above referenced request, which was • •approved subject. to restrictive. covenants as noted on the Examiner's. . report of June 27, 1979, has not, been appealed within the time period established by ordinance. Therefore., upon. signing of the restrictive covenants, this application is considered final. ' Please .contact the Planning Department for. information regarding preparation of the final short plat mylar for filing with King County. • Sincerely, Fred 'J. Kaufman • Hearing Examiner ' cc: Planning bepartment • ✓city Clerk V � • OF R4, • ,� • A •i .ATHE .CITY OF RENTON • V tb MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 n est o CHARLES J. DELAURENTI•MAYOR • LAND USE HEARING EXAMINER 9.o co- FRED J. KAUFMAN. 235-2593 01Te° SEP1°It • July 2, 1979 • • • Helmie & John Nelson 2224 N.E. 50th Street Renton, WA 98055 RE: File No. Short Plat 357-79, W-358-79; John E. Nelson; Supplementary Request for Reconsideration . Dear Mr. & Mrs. Nelson: . I have this date reviewed the above-referenced request'for reconsideration and my response follows. • First, the lot identification numbers are based on the Plat Map submitted by the Planning Department and identified as Exhibit #3, attached to the Examiner's Decision (see attachment) . Exhibit #3 is the Plat Map upon which the approval was based. The two northerly.lots are, therefore, identified from west to east as Lot 1 and Lot 2. The southerly lots are identified as Lot 3 (extreme south- westerly lot) and Lot 4 (large remaining lot) . ,This is also the manner in which the Planning Department Report identified the lots. I hope this straightens out any possible confusion. Next, the city of Renton, in which the subject property is located, may attach conditions to development within the city limits which. are reasonably associated with the public health, safety, and welfare. This includes off-site improvements which are reasonably related to access for essential services, including but not limited to, fire and police protection (Sections 9-1105.6, 9-1104.1.A, 4-3010.D) . The City of•Renton will be responding, to these demands for services and, there- fore, the recommendation by the various. city departments, adopted by the'Examiner, was to require improvement of SE 72nd Street prior to constructing dwelling units upon those two lots (Lots 1 and 2) . The only access to these two lots is via a circuitous route outside of Renton and then via an unopened King County street right-of-way. The required improvements are necessary for ,the provision of adequate protection of the public health, safety, and welfare of residents and • property located within Renton city limits but accessible Only via the King County road system. Finally, the' sewerage requirement was intended to mean that the Seattle-King County Health Department approve the sewerage method chosen. If the method you outlined in your letter, a drain field easement, is acceptable to that agency, - • Helmie & John Nelson July 2, 1979 Page Two • it would meet the Examiner's condition #2. Otherwise, Lot 3 (see attachment) cannot be developed until an acceptable means of sewerage 'is available. Again, I trust that this letter answers your concerns. If you have any further questions, you may contact this office for assistance. Sincerely, • 1;:./C • • • • 441 • Fred J. ufman Hearing Examiner FJK:bd • Attachment cc: Parties .of Record . . Planning Director Gordon Ericksen Mayor Charles J. Delaurenti City Clerk Michael .Hanis, Planning Commission Chairman Councilman Richard M. Stredicke Public Works Director Warren Gonnason City Attorney Lawrence J. Warren • Ron Nelson, Building Division • / ...- a • I - . . . - (,:, \ q . W4,' • ,,,1 ' 1 ' , t• NI • ,, . 0' . e• Li• (s, . ('i . 0/ li) . 1 • I •\1: . r ilipw • . V . . ..., . , , 1 "1 f \I 6 um...... . 11111MIMPINMEND 0 W/Migiimifileminfa* .4 2.:fir;0 Z •F.,.s. :._. fli I ,............ ) . Ir,Ak 16A . ki \q Ek • ,, • I NV, 1 . • ‘ ' . . 1 .4\ ' . tg. . . . • K • • . 4 . 1.' • • . • . . • • • , moo , . :ic• . MT ,. •11.., -,_, vat..-4 . ri - r7raplebfi • • . 4. . k 1.......... 1, I , w. .v ;,; ,•ti , .4j 1:: • in ' :• • . \` , • .‘k . . i • 1..) '• -., ci: ,: 1.• . ... :.z is) . t..1 ...I •-•.. k., 41 cs ,. ,,,,,.., ci: .6 cc • t) °! %) '11 'd .--f•A , f , / .. . j6/14," .fft/ ti i 1.1 • ________ . • , . , . .. ., , ... . • • . • • . ' .• . . , . • . . • . • 1... -'• l•• ' . : . . . .. .. , . • . . 'lJt'' pc �� Renton, Washington � srl.-,� z„�r • �b�� June 29, 1979 1979 • Fred J. Kaufman Land Use Hearing Examiner City of Renton —i, Renton, Washington Request for Reconsideration Short Plat 357-79, W 358-79 Dear Sir: As a supplement to our previous request for reconsideration, we are submitting this letter. 1. We feel the requirement to participate in a future L.I.D. to improve S.E. 72nd Street to its intersection with 116th Avenue S.E. is acceptable. 2. The requirements that no building permits be issued on(Iots 1 and 2 ) r our copy of the .proposed plat shows these northerly lots as #3 and #4 T. until the frontage. improvements east to 44. 116th S.E. is and unreasonable requess. This is a county road, with county residents presently using the 'street and having been permitted to build there with the present access. Out lots anS L are in the City Limits - to require that we alone mig t be faced with the improvement east 'Ef 116th appears to us to be .imposing restrictions that none of our neighbors have been required to do. We question whether this could. be legally required of us - at least this opinion has been expressed to us by many persons.rs� 3 Y� passed -r'l 1J The northerl lots #3 and #4 have theerc test. Lot #1 bordering N.E. 50th St. The rm hat performed the test told us that the county would permit this to be included in the plat as • as unbuildable lot, until such time as scars were installed. He said that s second option would be to provide a drain field on our :residential acreage, Lot 2; providing an easement. Would this be acceptable in the City? • Thank .you for your consideration of this request, and our previous letter • of the same date. Ve truly yours, cc - Planning Director Gordon Erickson Nelson - Mayon Charles Delaurenti 224 N.E.John t. - CityClerk 2224 NE 50th St. Renton, Wa. 98055 - Michael Hanis • OF RSA • • • pit 0 THE CITY OF RENTON . MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 • o m CHARLES J. DELAURENTI MAYOR 'IDLAND USE HEARING EXAMINER 90. •co.' FRED J. KAUFMAN. 235-2593 94 •TED � • SEPWM� June 29, 1979 • Helmie & John Nelson 2224 N.E. 50th Street • Renton, WA 98055 - • RE: File No. Short Plat 357-79, W-358-79; John E. Nelson; Request for Reconsideration. Dear Mr. & Mrs. Nelson: • I. have had an opportunity to review your above referenced request for reconsideration and find that there is a slight possibility that the quoted language may be misconstrued. The condition was not intended to .mean nor does it mean that actual installation of septic tanks must precede recordation of the plat. Under these circumstances,. Condition No. 2 which reads, "Approval of septic tank installation by the King County Health Department prior to recording of the plat" .shall be changed to read, "Approval by the King County Health Department of the subject parcels for future septic . tank installation." • The .lot area you describe is _correct and is in error on the report. The error does not create any problems of substance and the Examiner's decision has been corrected.to reflect that change. • The plat as approved by the Examiner's decision is based on the submitted plat, Exhibit #3. . .Any alteration in the number of lots because of action by the King. County Health Department is unnecessary at this time. The short plat only becomes finalized after the appropriate recording of the Plat mylar with King County. The Planning ,Department can be of assistance in finalizing your plat. I trust this clarifies the concerns expressed in your letter. If I can be of further assistance, please contact this office. Sincerely, • 71741/ Fred J. Kaufman Hearing Examiner cc: Parties of Record Renton, Washington RECEIVED June 29, 1979 CITY OF RENTON HEARING EXAMINER Fred J. Kaufman JUN 2 91979 Land Use.Hearing Examiner AM PM City of Renton 7181911011112111213141516 Renton, Washington Request for Reconsideration Short Plat 357-79, W 358-79 Dear Sir: Pursuant to Title Iv, Section 3015, City of Renton Code of General Ordinances,, we are requesting Reconsideration of your decision on our Short Plat Application. Item 2 - The requirement reading "Approval of Septic Tank Installation by the King County Health Department prior to recording of the Platt'. If this 1F' 3 provision were to remain we are requesting a change in the wording "To cz‘ . approve the lots for Septic Tank InstalJtionn. We are concerned that the - 9,t interpreation of t:e-d=roitloaLTrillrnegdolifligte , require the actual installation i . of the septic tank plat. This would represent a definite hardship, to us and an additional financial burden, might impair the sale of the property as a potential purchaser might want to cha a the location of the septic tank installation (subject to proper approval). • A We have been told that ,i A neighbor, whose property is in the City, of Renton, was able to subdivide his property and sell several parcels without prior Septic Tank Approval. The requirement, according to the information we have, was that approval of the septic tank installation would only be required prior to .issuance of a building permit. If this is correct, we feel t at we should likewise �! be granted approval on thibasis. '# / , We have arranged to have the percolation tests done, but due to the the tremendous backlog of work most of these firms have,this has taken time. Then, too,,we 'do not know how much time the Health .Department will require for their determination. We do not believe there is a possibility that septic tanks will not be approved. However, we discussed this possibility with Dave Clemens, Senior Planner. We asked him if one or more lots did not meet the, requirement if we could combine Lots '1 and 2 into one 48,000 square feet lot and add lot 3 to our existing property containing our residences and he, indicated that this would pose no problem. We would like this point clarified in line with our, telephone conversation with you. Page 3 of the Report & Recommendations should be corrected to show lots 1 & 2 each 24,000 sq. fet., lot 3, 9600 sq. feet. The requirements for road improvements seem to be quite stringent and costly, much greater than those imposed upon neighboring property lying in the county. We would therefore not like to have the additional problems imposed on us on the septic tank installation. Kindly clarify this for us.. Thank you. 7 i eg4--r-wee.., '2fr. CC-Mayor .Charles Delaurenti m Delores Mead,City Clerk -Councilman Richard M. Stredicke Helmie & JohnkdoP441/1- _Gordon Erickson, Planning Director 2224 N. E. 50th St. _ Renton, Wa. 98055 w 4111 Renton, Washington RECEIVED June 29, 1979 CITY OF RENTON HEARING EXAMINER Fred J. Kaufman JUN 2 91979 Land Use Hearing Examiner AM PM City of Renton 7,8,9,10,11,1211,2,3,4,5,6 Renton, Washington a Request for Reconsideration Short Plat 357-79, W 358-79 Dear Sir: •T' Pursuant to Title Iv, Section 3015, City of Renton Code of General Ordinances, we are requesting Reconsideration of your decision on our Short Plat Application. - 1_,,A Item 2 - The requirement reading "Approval of Septic Tank Installation by bhe King County Health Department prior to recording of the Plattt. If this provision were to remain we are requesting a change in the wording "To approve the lots for Septic Tank Install ion". We are concerned that the A ' interpreation of the decision as rendered might require the actual installation of the septic tanks - prior to recording of the plat. This would represent 1 a definite hardship to us and an additional financial burden, might impair -:4 the sale of the property as a potential purchaser might want to change the location of the septic tank installation (subject to proper approval). , A We have been told that A neighbor, whose property is in the City of Rsnton, was able to subdivide his property and sell several parcels without prior Septic_ Tank Approval. The requirement, according to the information we have, was that approval of the septic tank installation would only be required prior to issuance of a building permit. If this is correct, we feel t at we should likewise �-! be granted approval on this basis. Ao / j(2 J We have arranged to have the percolation tests done, but due to the the tremendous backlog of work most of these firms have this has taken time. Then, tool we do not know how much time the Health Department will require for their determination. We do not believe there is a possibility that septic tanks will not be approved. However, we discussed this possibility with Dave Clemens, Senior Planner. We asked him if one or more lots did not meet the requirement if we could combine Lots 1 and 2 into one 48,000 square feet lot and add lot 3 to our existing property containing our residences and he indicated that this would pose no problem. We would like this point clarified in line with our telephone conversation with you. Page 3 of the Report & Recommendations should be corrected to show lots 1 & 2 each 24,000 sq. fet., lot 3, 9600 sq. feet. The requirements for road improvements seem to be quite stringent and costly, much greater than, those imposed upon neighboring property ling in the county. We would therefore not like to have the additional problems imposed on us on the septic tank installation. Kindly clarify this for us. Thank you. CC- Mayor Charles Delaurenti m Delores Mead,City Clerk C -Councilman Richard M. Stredicke Helmie & John 1\feLso Y' Gordon Erickson, Planning Director 2224 N. E. 50th St. Renton, Wa. 98055 AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King ) Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 27th day of .June , 1979 , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. Subscribed and sworn this c 7 ay of 1979' . Notary Public in and for- "the /State ' of Washington, residing at;,Renton f Application, Petition or Case: John E. Nelson; Sh. Pl. 357-79 (The minutes contain a ti.e.t the panties 06 necond) June 27, 1979 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION, APPLICANT: • John E. Nelson FILE NO. Short Plat 357-79, W-358-79 LOCATION: Vicinity of 2224 N.E. 50th Street. • SUMMARY OF REQUEST: Applicant requests approval of a proposed four-lot short plat for future residential use. A waiver of the required off-site improvements is also sought. SUMMARY OF ACTION: Planning Department Recommendation: Approval with restrictive covenants. Hearing Examiner Decision: Approval with restrictive covenants. PLANNING DEPARTMENT The Planning Department preliminary report was. received by the REPORT: Examiner on June 15, 1979. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted .a public hearing on the subject as follows: The hearing was opened on June 19, 1979 at 9:05 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed - the Planning Department report, and the report.was entered'into the record as Exhibit #1. David Clemens, Senior Planner, reviewed' Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: Short Plat as submitted- Exhibit #3: Short Plat with staff comments The Examiner asked the applicant if she concurred. in Exhibit #1. Responding was: Helmie Nelson 2224 N.E. 50th Street Renton, WA 98055 • Mrs. Nelson indicated concurrence in the recommendations contained in the report. The _ • Examiner inquired whether septic tanks or sewers are proposed to serve the upper two lots, Lots 1 and 2. Mrs. Nelson indicated that a septic system is currently proposed. The Examiner inquired if water service is available to Lots 1 and 2. Mrs. Nelson advised that water service would be furnished by Water District 107 although she was uncertain of the size of the existing lines. The Examiner inquired regarding incidence of slippage or erosion on the slopes adjoining the property containing Lots 1 and 2. Mr. Clemens and the applicant advised that the property in question reflects a stable condition. The Examiner requested testimony.in support of the application. There was no response. He then requested testimony in opposition to the request. Responding was: Gail Baumgartner 7425 114th S.E. Renton, WA 98055 Ms. Baumgartner was affirmed by the Examiner. She stated her concern regarding increased traffic resulting from the proposal onto N.E. 50th Street, a narrow roadway, and inquired if sewers would be installed on the site. The Examiner asked the applicant if her existing residence is served by sewer or septic system. Mrs. Nelson advised the existence of a septic tank. The Examiner requested further testimony in opposition. .__There_was no response. He then requested general comments. Responding was: • Sh. P1. 357-79 Page Two James Hart 11055 S.E. 72nd Renton, WA 98055 Mr. Hart advised the existence of a discrepancy on the short plat map which includes a portion of S.E. 72nd Street north of the proposal in the Renton city limits, and clarified that the roadway is contained within King County boundaries. Therefore, he indicated, approval of a waiver of off-site improvements may not be within the city's jurisdiction. Mr. Hart stated that .an application for vacation of S.E. 72nd Street is currently underway in King County, although the applicant has not indicated support in the request. He noted that off-site improvements have not been provided in other recent developments in the area and the roadway is consequently deteriorating. Referencing Section F.1 of Exhibit #1 regarding water and sewer service, Mr. Hart clarified that existing water lines on S.E. 72nd Street are private, a large water main on S.E. 50th Street provides service to his residence, and an existing 8-inch sewer line in Lake Washington Boulevard cannot accommodate additional service until a new trunk line is Installed. The Examiner inquired if Mr. Hart's property is served by septic tank and whether he is aware of any problems with septic tanks in the area. Mr. Hart advised that his property is served by a septic tank and he is aware of only one septic problem which has occurred to a new residence located on the corner of Lake Washington Boulevard and N.E. 50th Street. Referencing previous comments regarding participation-iri the vacation of N.E. 72nd Street, Mrs. Nelson clarified that she had withdrawn her support of the street vacation upon. discovery that an adjacent property owner was not participating, and denial of access to Lots 1 and 2 would occur. She stated that the vacation ordinance currently under, consideration.by King County would vacate the portion of S.E. 72nd Street from Lake Washington Boulevard to 112th Avenue S.E. , but properties located between Tracts 145 and 146 would not be included because at least 50% of the abutting property owners had not agreed to participate. The Examiner inquired whether the roadway is a street right-of-way or an easement, and whether the public would retain easement rights to use the street if vacated. Although Mr. Clemens was uncertain, he presumed that S.E. 72nd Street is an existing right-of-way at the present time. He indicated that in most cases the only rights which would remain as a result of a street vacation would be for the purpose of public utilities, although King County procedure may differ. Mr. Hart advised that upon approval of a vacation in King County, individual property owners assume title to 30 feet of the land although dedication of five feet on each side of the centerline is requested for future installation of water and sewer lines. He also stated that any future easement or access on that property must be accomplished separately and must be addressed at the time of the street vacation. The Examiner noted that if the street remains a public right-of-way, access is available to residents, and the City of Renton may or may not have the authority to waive off-site improvements on a roadway in King County. Mr. Clemens agreed to research the matter and receive clarification from representatives of King County and the City Attorney. The Examiner stated that resolution of the matter may require more than the normal 14-day period allowed the Examiner for issuance of a decision, and asked the applicant if she objected to extension of the time period to 30 days. The applicant indicated her . concurrence in the request. The Examiner requested further comments. Since there were none, the hearing on File No. Short Plat 357-79 and W-358-79 was closed. by the Examiner at 9:35 a.m. FINDINGS, CONCLUSIONS' & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: • 1. The request is for approval of a residential four-lot short plat of +5 acres and a waiver of off-site improvements subject to a covenant for future installation. 2. The Planning Department report sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, R.C.W. 43.21.C. , as amended, the subject proposal was determined to be exempt by Gordon Y. Ericksen, responsible official. 4.. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. y y Sh. P1. 357-79 Page Three 5. The proposal is compatible with the required setbacks, lot coverage and height requirements of Section 4-729(D) of Title IV, Ordinance No. 1628; Code of General Ordinances. 6. The subject property is located in the far north section of the City of Renton in the vicinity .of 2224 N.E. 50th Street. The lot is bounded on three sides by King County. • 7. The- applicant proposes dividing the subject property into four lots. Three' of the proposed lots would contain 9,600 square feet each. Two of these, Lots 1 and 2, would be located along the northernmost portion.of the subject property. The third, Lot 3, would be located along_ N.E. 50th Street at the extreme southwest corner of the subject property. The fourth remaining lot, #4, contains the applicant's current residence and will be over four acres in size. • 8. Lots 3 and 4 will both front on N.E. 50th Street. The other• two lots will front on S.E. 72nd Street, an unopened (dirt and gravel) King County street right-of-way. • ,There is currently. no sewerage available and Lots 1 and 2 are along a private water main. The applicant proposes septic tanks for the three undeveloped lots. The developed Lot 4 has an existing septic system. • 9. The topography of the site rises from south to north at an average slope of 16.5%. The northernmost lots are located about 4/5 of the way back on the subject parcel and high up on a bluff overlooking the remainder of the lot and with views of Lake Washington. 10. The upper portion of the subject property is heavily wooded with a variety of vegetation. 11. The applicant's existing residence and some accessory buildings are located in the north central area of the subject property. • The area is generally developed with scattered, large lot, single family residences. 12. Testimony, other than the applicant's, centered around the probable increase in traffic and the availability of water and whether or not the Renton Hearing Examiner had the jurisdiction to waive off-site improvements on a King County street. 13. Lots 1 and 2 are each adjacent to other developed lots which use the unimproved dirt and gravel road for access. There are no off-site improvements in the area. There has been a request to have this portion of S.E. 72nd Street vacated. Such action would cut off access to the applicant's proposed northerly lots and require private easement arrangements. Without the applicant's support the vacation will probably not be successful. The applicant has requested a waiver for off-site improvements along S.E. 72nd Street pursuant to Section 9-1105.6.B. 14.. The plat map submitted by the applicant does nott -indicate the right-of-way for S.E. 72nd Street which is neither opened nor vacated at present. CONCLUSIONS: 1. The subject proposal is consistent. with. the Comprehensive Plan which designates this area as suitable for single family residential development. In addition, the proposal is compatible with, the subject property's zoning which is G-9600. The proposed lots either meet or exceed' the district's minimum lot area requirements. 2. At present there are no off-site improvements along S.E. 72nd Street and the present street is no more than a narrow dirt and gravel roadway. Therefore, Lots 1 and 2, which need access via S.E. 72nd Street, should not be developed until the roadway is opened and improved. The lack of improvements, though, should not stop the proposed subdivision which is consistent with land use in the area. The applicant should therefore be permitted to subdivide the subject property subject to covenants to install the off-site improvements prior to development. 3. Because the frontage of Lots 1 and 2 lie along a King County right-of-way, the Examiner believes that the issue of jurisdiction for the issuance of a waiver from the requirements of off-site improvements is valid. Therefore, the waiver shall . be subject to the needs and requirements of King County in addition to those conditions laid out in_ Conclusion N• o. 2, that is, S.E. 72nd Street is to be improved at the •request of King County or upon development of Lots 1 and 2, whichever occurs first. Sh. -r.. 357-79 Page Four 4. The approval of this short plat will be conditioned on the prior approval of the King County Health Department of the plans for septic tanks. DECISION: Exhibit #3 and the waiver of off-site improvements are approved subject to the following conditions: 1. A restrictive covenant requiring installation of off-site improvements along S.E. 72nd Street under the following circumstances and in the following manner: a. By participation in any future LID instituted by or on behalf of King County for the improvement of S.E. 72nd Street; or • b. Installation of off-site improvements along the length of S.E. 72nd Street from its intersection at 116th Street S.E. to the subject property prior to the issuance of building permits for Lots 1 and 2. The earlier of these occurrences, "a" or "b", would be controlling. The restrictive covenant shall also require future participation in an LID on N.E. 50th Street for off-site improvements. 2. Approval of septic tank installation by the King County Health Department prior to recording of the plat. 3. Correction of the plat survey to indicate the existence of the non-vacated S.E. 72nd Street right-of-way. ORDERED THIS 27th day of June, 1979. attitj Fred J. K man • Land Use Hearing Examiner TRANSMITTED THIS 27th day of June, 1979 by Affidavit of Mailing to the parties of record: Helmie & John Nelson, 2224 N.E. 50th St. , Renton, WA 98055 Gail Baumgartner, 7425 114th S.E. , Renton, WA 98055 James Hart, 11055 S.E. 72nd St. , Renton, WA 98055 TRANSMITTED THIS 27th day of June, 1979 to the following: Mayor Charles J. Delaurenti Councilman Richard M. Stredicke • Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Lawrence J. Warren, City Attorney Michael Hanis, Planning Commission Chairman Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before July 11, 1979. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgement, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV; Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the Finance Department, first floor of City Hall, or. same may be purchased at cost- in said department. OF R� VP ° OFFICE OF THE CITY ATTORNEY s RENTON,WASHINGTON `xe- POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 411'i+ 0 ,4;, °' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9'b M��Qo June 26, 1979 Eo SEP�� TO: Dave Clemens FROM: Daniel Kellogg, Assistant City. Attorney RE: Short Plat 357-79, John E. Nelson I am in receipt of your memorandum dated June 19, 1979. We concur with your recommendation set forth in the memo, and would urge that the improvements be installed to the standards of King County, and at such time as King County may require, but in any event not later than the time the property is annexed to the City of Renton. This deferral of the off site improvements should be incorporated into covenants to be recorded as a condition precedent to the approval of the short plat. Of course, once the property is annexed to the City, the Board of Public Works would have jurisdiction to consider an appropriate application for deferral of the off site improvements at that time. If you have further questions, please do not hesitate to contact me. Very truly yours, Daniel Ke logg ' DK:bjm cc: Public Works Hearing Examiner-' RECEIVED CITY OF RENT°N HEARING EXAPo-iN R JUN 2 7 7979 t849 ne92, Nei! 12, 3erp�1 89e 15: a 4 pF "'L s® � �r 0 THE CITY OF RENTON ,�,. , •.t MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 0 boli k °' CHARLES J. DELAURENTI• � MAYOR o PLANNING DEPARTMENT 1) 235-2550 -'TED SEP1E�® June 19 , 1979 Owen Rawsthorne King County Public Works 9th Floor King County Administration Building Seattle, Washington 98104 RE : SHORT PLAT 357-'79',' JOHN E.' NELSON Dear Mr. Rawsthorne : The City of Renton is considering a short plat application located wholly within the city of Renton but abutting a public right-of-way within King County. We have attached the staff report on this application as well as a copy of the short plat. As you will note in the reconai;endation, we are recommending that the improvements to S .E. 72nd be required but be allowed to be installed at a future time by local improvement district or upon development of the lots. We would appreciate your cowirents on this proposal and, if you would please specify, the precise improvements which King County would require in this case. The City of Renton' s standards for a similar street would be a 36 foot curb-to-curb street section with paving, sidewalks , under- ground storm drainage, and similar improvements . This matter is under consideration by the Hearing Examiner, who must make a decision within thirty days of the hearing , which was held on June 19 , 1979 . We would, therefore , appre- ciate your conmients as quickly as possible so they may be incorporated into the record of this action. If you have any questions , please feel free to contact us . Very/truly yours , Gordon Y. Eri44n, Planning Director /i / //�' % �Via, • ( /,i7M i''i RECEIVED uavi I R. Clemens , Senior Planner CITY OF. RENTON HEARING EXAMINER DRC:wry� J UN 211979 cc : £Hearing Examiner AM PM Public Works Director 7,8,9i1O,flu121112e31415,6 S -�, /i'r9 . Eh'am,>7e1 OF R4,4 A, THE CITY OF RENTON do 0 U ©® Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 98055 Z elf` o CHARLES J. DELAURENTI MAYOR o PLANNING DEPARTMENT 09 ® * ��' 235- 2550 AO9�TFD SEP�EM��P June 19 , 1979 0 r A N DUPE RECEIVED CITY OF RENTON TO : Dan Kellogg, HEARING EXAMINER Assistant City Attorney JUN 211979 FROM: Gordon Y. Ericksen, Planning Director AM PM By: David R. Clemens , Senior Planner 718i.9rl01lli12W213141516 RE: SHORT PLAT 357-79 , JOHN E. NELSON 4 At the public hearing for this proposed short plat, the question was raised as to whether the City of Renton could require off-site public improvements on a public right-of-way wholly within King County. The public right-of-way in question provides the only access to two of the lots within the short plat . Based upon the need for safe and adequate access for the property owners and public safety vehicles , if required, it would appear reasonable that the City should require off-site improvements for this right-of-way (9-1105 . 6) . Due to the location of this right-of-way within King County, the short plat application is being referred to the King County Public Works Department for recommendation as to the specific street improvements which should be installed. As a part of the short plat application, the applicant also requested a waiver of improvements (9-1105 . 6.B) , which grants the hearing Examiner the ability to either waive or set appropriate time limits for the installation of improvements . Assuming that the City in its best interest has required off-site improvements , it would appear that this section also provides the opportunity for the hearing Examiner to either waive or set different time limits on the required improvements. The staff recommendation at the hearing was consistent with other actions where the plat abuts a street within the City, which would be to require future installation of the improvements by Local Improvement District or at the time of development of the lots. Therefore , we feel that a. The City of Renton can require public improvements. b. The public improvements should be consistent with the requirements of King County. 4 ` Dan Kellogg, Assistant City Attorney June 19 , 1979 Page Two c. The Hearing Examiner may set the installation of those improvements at a future time. Please review the above and indicate whether you agree with our conclusions. DRC:wr (1 cc : /bearing Examiner i �! Public Works Director (� 1 RECEIVED CITY OF RENTON PLANNING DEPARTMENT HEARING EXAMINER PRELIMINARY REPORT TO THE HEARING EXAMINER I'•' '' 191979 AM PM PUBLIC HEARING 7,s,9,10,11,12,1,2,3,415,6 JUNE 19 , 1979 EXHIBIT NO. ! APPLICANT : JOHN E . NELSON ITEM NO. 4 l"/� 3s_'- -77 FILE NUMBER : Short Plat 357-79 ; Waiver W-358-79 GU- 31-84, 79 A . SUMMARY AND PURPOSE OF REQUEST : The applicant requests approval of a proposed 4-lot short plat for future residential uses . At the same time a waiver of the required off-site improvements is sought . B . GENERAL INFORMATION : 1 . Owner of Record : JOHN E . NELSON 2 . Applicant : JOHN E . NELSON 3 . Location : Vicinity of 2224 NE .50th Street (Vicinity Map Attached ) 4 . Legal Description : A detailed legal description is available on file in the Renton Planning Department . 5 . Size of Property : ±5 acres 6 . Access : Via NE 50th Street 7 . Existing Zoning : G-9600 , Residence Single Family , minimum lot size 9600 square feet 8. Existing Zoning in the Area : G-9600 ; RS-9600 ( King County zoning adjacent to the subject site ) 9 . Compreh'ensive Land Use Plan : Single Family Residential 10 . Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Record Chronicle on June 8 , 1979 and posted in three places on or' near the site as required by City Ordinance on ( June 7 , 1979 . C . HISTORY/BACKGROUND : The subject site was annexed into the City by Ordinance#1823 dated April 21 , 19.60 at which time the present zoning classification was applied . D . PHYSICAL BACKGROUND : 1 . Topography : The subject site rises from south to north at an average slope of 16 . 5% . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : JOHN E . NELSON , Short Plat 357-79 ; W-358-79 JUNE 19 , 197,9 PAGE TWO 2. Soils : Alderwood Gravelly Sandy Loam, (AgC ) 0--6% slopes . Permeability is moderately rapid in the surface layer and subsoil and very slow in the substratum. Runoff is slow to medium and the erosion hazard is moderate . This soil is used for timber , pasture , berries , row crops and for urban development . Alderwood Gravelly Sandy Loam , 15-30% slopes (AgD ) . Permeability is the same as AgC with runoff medium and the erosion hazard severe . This soil is used mostly for timber . Some areas on the lower parts of slopes are used for timber. 3 . Vegetation : The site is extensively wooded with a variety of vegetative types . Hemlock , cedar and alder are found in scattered arrangements around the perimeter with some cottonwood interspersed with low to .medium growth shrubs in the interior . Ground cover is principally short scrub grass . 4 . Wildlife : The existing vegetation on the site provides suitable habitat for birds and small mammals . 5 . Water : A small spring flows from east to west in the southerly portion of the property . 6 . Land Use : The subject site consists of a single family residence with accessory buildings located in the north central section ,of the parcel . -Adjacent properties consist of scattered , large-lot single family dwellings . E . NEIGHBORHOOD CHARACTERISTICS : The surrounding properties are low density single family in nature. F . PUBLIC SERVICES : 1 . Water and Sewer : ' A 6" water main runs north-south along Lake Washington Blvd . NE approximately 1 /4 mile to the west of the subject site . An 8" sanitary sewer extends the same direction on Lake Washington Blvd NE approximately 2/5 of a mile to the west . 2 . Fire Protection : Provided by the Renton Fire Department as per Ordinance requirements . 3 . Transit: Metro Transit Route #240 operates along Lake Washington Blvd . NE within 1 /4 mile to the west of the .subject site . 4. Schools : The Hazelwood Elementary School is within 3/4 of a mile to the northeast of the subject site while McKnight Junior High School is approximately 3 miles to the southeast and Hazen Senior High School is approximately 42 miles to the southeast . 5 . Recreation : Kennydale Lions Park is approximately 1 3/4 miles to the south of the subject site and the North Highlands Park is within three miles to the southeast while Lake Washington Beach Park is within three miles to the southwest . G . APPLICABLE SECTIONS OF THE ZONING CODE : 1 . Section 4-729 "G" , General Classification District . H . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY. DOCUMENT : 1 . `'Subdivision Ordinance , Section 9-1105 ; Short Subdivisions . 2 . Subdivision Ordinance , Section 9-1105 . 66 ; Waived Improvements . 3 . Comprehensive Plan , 1965 , Land Use Report , Objective 6 , Page 18 . PLANNING DEPARTMENT PRELIMINARY REPORT TQ THE HEARING EXAMINER PUBLIC HEARING : JOHN E . NELSON , Short Plat 357-79 ; W-358-79 JUNE 19 , 1979 PAGE THREE I . IMPACT ON THE NATURAL OR HUMAN ENVIRONMENT : 1 . Natural Systems : Minor . 2 . Population/Employment : Minor . • ( 3 . Schools : Minor . 4 . Social ; Minor . 5 . Traffic ; Minor . J . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION : Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43-21C , the subject proposal is exempt from the threshold determination of environmental significance .• K. AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division . 2 . City of Renton Engineering Division . 3 . City of Renton Traffic Engineering Division . 4. City of Renton . Utilities Division ... 5 . City of Renton Fire Department . L . PLANNING DEPARTMENT ANALYSIS : 1 . The subject proposal is consistent with the Comprehensive Plan Land Use designation of single family for the site and surrounding properties . 2 . The proposed short plat is consistent with the existing zoning in the vicinity . 3 . All of the lots meet or exceed the minimum requirements of the Subdivision Ordinance for size and frontage . -4 . Off-site improvements do not exist in the general area . As a result , the northerly lots do not have adequate access . 5 . The Engineering Division advises that the two northerly lots include the south 30 feet of SE 72nd Street which records indicate is not vacated. This has been confirmed by the applicant . 6 . The Fire Department notes that future ingress and egress should be provided as required by the Fire Chief . Future construction will require installation of a new hydrant . 7 . Detailed water and sewer plans will require approval of the Utilities Engineering Division as well as payment of standard hookup fees . 8. The King County Health District should approve all lots for septic systems as per Building Division comment . . 9 . The requested waiver appears to be reasonable in this situation . No building permits should be issued , however , until the full frontage on SE 72nd Street has been improved with improved access to 116th Avenue S . E . Additional comments of other departments are attached for consideration . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING: JOHN E. NELSON , Short Plat 357-79 ; W-358-79 JUNE 19 , 1979 PAGE FOUR M. DEPARTMENTAL RECOMMENDATIONS : Based upon the above analysis , recommend approval of the proposed short plat and waiver subject : 1 . Improved access on SE 72nd Street with a waiver of improvements at this time subject to covenants stating that the property owner shall participate in any future L . I . D. and that no building per- mits may be issued on Lots 1 and 2 until the frontage improve- ments east to SE 116th Ave . S . E. and improved access have been installed . 2 . Correction offthe submitted plat survey to show the non-vacated SE 72nd Street. 3. King County Health District approval of the lots for use of a septic system prior to recording of the plat . . ., ••'; . ._.1 ;. i- . .,..; .o 1.... , ' ....e. ' ' •4, t. . •,, t. -,.-... . Skliti. ••• I 0-.. '-•.-.,•4,-- • ' .-•.".e..., ''' - ,- , (-II %..';,' , .!-•.'. 7.... . ......... .vi:..,,..,...:-.....-...-. - - - ri" ..e*, '' • - i 4,..V.';:f:,"0-"i•-= , .-.,.. .- N ..„, - -,..4 ....• • ..;:;',gli;'''''""-- .-V'-il" ''. • 12114qtapila ig,.'" ... •;..-.1 e. ....,.. 4.1'-"t'N''"I*-''' ,. '-':' .,,. ,g.„r Vie ., '•,. -,,. .. ,,,,,;•fid,f...1 • fi..,,ifit',A.,e- .-, '.7fla' /4,.- • '''4. . g , ." ....._...,‘ • AN s.., . fenaletiew '',..• 4::: ... ,'..,4 '''"'''',. .' . 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Alf k.,,o _A — - S' I � j //t W Q .. 1•:4'., zs _ _ •:e zy so _ ,,/ /it,., j*0" / ; ,......,. qp i I +- kl` Ley{ /•/ice lr,P , :. !ka B) ee �b9 NO 'i-- •1i ' L y` fi i . ' ' Li; . %' I1 i 4 Ti. 3 4 J J 4 $Yil . JN i_- 40r. ET____ I. it .> a i 7 �, - E .0 s — B9 -� i07 gyp 4� ..;� \8a_. ST � — _ ` __ — _jj .k0. C—_ 3 I ` y uLe . y J71. z_ I l 6 . 8 44 L. g I t .) 101 11 JOHN E . NELSON Short Plat 357-79 W-358-79 • I. AREA ±5 acres APPLICANT JOHN E . NELSON TOTAL PRINCIPAL ACCESS VIA NE 50th Street t f EXISTING ZONING G-9600 , Residence Single Family , i 4 EXISTING USESubject site consists of a single family residence with accessory bldgs in the north';central section PROPOSED USE Approval of 4-lot shor tplat for future residential use COMPREHENSIVE LAND USE PLAN SINGLE -'FAMILY RESIDENTIAL 1 COMMENTS , I t / V A J ROUTING SCHEDULE FOR APPLICATION TO: O Finance Department 8 Fire Department Library Department OPark Department ®�,-Prol ice Department 0 Public Works Department ® B.u4Tding Div. ® Engineering Div . (Please verify legal descriptic OTraffic Engineering Div . 0 Utilities Engineering Div. FROM: Planning Department , (signed by responsible official or his a igne i& ih tu1ftJ PLEASE REVIEW THIS APPLICATION FOR : APPLICANT : �®i, ' �.V1 - " � � *�'�'V LOCATION: ege iY/ e --• ✓r APPLICATIONS) � � � � � Z79 a41' o -99 .. T ' IN ORDER TO BE INCLUDED IN THE REPORT TO THE HEARING E Av �; RETURN ANY COMMENTS TO THE PLANNING DEPARTMENT. BY : , , �, ' . REVIEW BY OTHER CITY DEPARTMENTS : Department : -a-•L-�, G-r� z n.c. c :•, - c ApprovediNot Approved Comments or conditions : ` 2) 7 10-_, 72„d-i,-.-;-f_/...,:-L.„-c.-) . r , •j v Authorized Representative Date Si` re of Director r P . :i ... REVIEW BY OTHER Cl ' DEPARTMENTS : ., . . Department : /7,--7_, ---- . . CI-Approved 1::=1 Not Approved ic (:-/-2,,,e - ,/,f,,,,,;.:-__.„cf,-,irs ,, ,,, . . Comments or conditions : 7x.:-,6c--s_s „gs /,,, ,:-../iv-,7.",_•) --,0 /LS ,e6=-4-2-,,,,,, -,---6 u isif, 1-3/„fi.;,:- ./.177// ",!--: " ;..;:-I ,671_1u...S-/;:: .ec.._,;,(ix„, e.e.z/(_.&, ,-..a-k;•,;, ,,,..47-,--'-- /-/• /-:-;"/42•2:- A(Y/) --) /7 / z , ... C. /1,,,,..,...,-- cr ,r,--- _ ,_'__ .,----/ i ,,__5 , L.:F./ ,/ 27 Signature of Director or Authorized Representative Date ( , . REVIEW BY OTHER CITY DEPARTMENTS : D?Aartment : i,tTIL-17-1 OtT P 1 r Approved r-i Not Approved Comments or conditions : A elPtliDJ t>D WA .4. ••c...,,,,:;-,1_ tl,.4,.,,-) . . rf L-47A- $.,,5 0 .1. crimq(--43- ,L .• - cc--c".. •_ ... -, . • Signatur 'of Director or Authorized Representative () Date - , . . .. ., REVIEW BY OTHER CITY DEPARTMENTS : . Department : • 7—,c-/1--F-2"-----/c-7- E N'c., 1 N E ET: kliZ ) I . c, . =IApproved I___1 Not Approved Comments or conditions : .--- . . • . T__..,_ Signature of Director or Authorized Representative Da e . . — _ • REVIEW BY OTHER CITY DEPARTMENTS : Department : C=1. Approved 11 Not Approved Comments or conditions : '/ / (-.:-,-.•: 1, :_•,-,•1_I. . • , r.-.•': ,:•!, L:',7.---,': PL....(__ 1:_ , -;7 • ...- . • ...._ .. . - ,-• - • - • . , .,. -1)- ,_7, ' ---) V , . ignature of Director •or Authorized Representative Date / feCITY OF RENTON 411, . ✓SHORT PLAT PLAT APPLICATION FILE NO. MAJOR PLAT , R EIVt8's. DATE REC'D. TENTATIVE Q O D 4/ APPLICATION FEE $ PRELIMINARY r`� ENVIRONMENTAL \) FINAL 40 �5151 . REVIEW FEE $ ��w...•••''r 4! RECEIPT NO. ` •''PI• �� SM NO . 9�ING O� PUD NO. • APPLICANT TO COMPLETE ITEMS /1 THROUGH 7 : 1. Plat Name & Location k /Ohl,.,/ A..lLLJO,J .J2I 9?7 /a47 22 Z4 ,cJ„h. __ca %�.' ST 2 . No.. Lots //� 4 Total Acreage �- /�C� Zoning ` f/pU 3 . Owner �.k 114 e Jade`i Phone 2 f- ''DOv Address 222,4 1 E s0 ze f"% / 7Z ` L•v,A2p , 9sori 5 . Underground Utilities : Yes No . Not Installed Telephone ( ) ( ) ( ) Electric ( •) ( )- ( ) Street Lights ( ) ( ) ( ) Natural Gas ( ) ( ) ( ) TV Cable (• ) ( ) ( ) 6 . Sanitation & Water: ( ) City Water • ( ) Sanitary Sewers ( ✓') Water District No . /0 9 ( ) Dry Sewers ( ✓ ) Septic Tanks 7 . Vicinity and plat maps as required by Subdivision Ordinance. 8.. DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 9 . STAFF ACTION: TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED 10. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT .. ---- - --- APPEALED EXPIRED 11 . CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 12. DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE . GRANTED EXPIRES AMOUNT Planning Dept . Rev. 1/77 I / S KENNETH J. OYLER CIVIL ENGINEER & LAND SURVEYOR P.O.Box 2258 • Renton,Wa 98055 , . 255-5050 • • May 25, 1979 Renton Plannin rept. • J dr;nton, ::'ash. Ref; John E Nelson Short Plat Gentle,.en: Submitted herewith is the proposed short plat of Tract 146 of C.f. Hillman's Lake .•:ashin;tan _larder of Eden 'litr. No. 3. It is reoueste that a waiver of the of-si-.e improvements he granted as t.', re are no siar _npi^ :vemen-s in the area. Ks. eth J. Oyl(, C C. & L. S. AFFIDAVIT • • • • ),Y.I, , being duly sworn, declare that I am the owner .of the property involved in 'this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this�� day of , 19777 , Notary Public in and for the State of Washington, residing at -e-e-gP--r.c. • • (Name of Notary Public) (Signature of Owner) (Address) (Address) 2Ar--< • ( ity) (State) • • • (Telephone) • (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to b,• -t ol` u Bj and complete in every particular and to conform to the rules d Q aEi of the Renton Planning Department governing the filing , s j1fd ion . �l�llll • Date Received MAY 29 191919 By: • = ft DES Renton Planning Dept . 2-73 OF R4,4 4, ®► firiiiQ0, o THE CITY OF RENTON • MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH.98055 o � • CHARLES J. DELAURENTI, MAYOR • PLANNING DEPARTMENT co' 235- 2550 0914- o SEP-re° • June 5 , 1979 • John E. Nelson 2224 N.E. 50th Street Renton, Washington 98055 RE: NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATION FOR FOUR-LOT SHORT PLAT APPROVAL, File 357-79 , AND WAIVER OF OFF-SITE IIPROVEMENTS, File W-358-79; property located in vicinity of 2224 N.E. 50th Street Dear Mr. Nelson: The Renton Planning Department formally accepted. the above mentioned application on May 25, 1979 . A public hearing before the City of Renton Tearing Examiner has been set for June 19 , 1979 at 9 :00 a.m. . Representatives of the applicant are asked to be present. All interested persons are invited to attend the hearing. If you have any further questions , please call the Renton Planning Department, 235-2550. Very truly yours , Gordon Y. ...ri cksen Planning /Director 7- /7 By : .7 ..ltij - 'David R. Clemens Senior Planner cc: Kenneth J. Oyler P. 0. Box 2258 Renton, WA 98055 ° „+ a:• " t "fit'° *.'9' 4. I. . 0 1 s p . . 1 . .. , E ! T , sv GENERAL LOCATION: AND, OR ADDRESS: PROPERTY LOCATED IN VICINITY OF 2224 N.E. 50TH STREET, LEGAL DESCRIPTION: LEGAL DESCRIPTION ON FILE IN THE RENTON PLANNING DEPARTMENT, I S POSTED TO. NOTIFY PROPERTY OWNERS OF A PU LI l' ,, ' I ). . TO BE HELD IN CITY COUNCIL ,CHAMBERS, MUNICIPAL BUILDING ON JUNE:. 19, 1979 BEGINNING AT 9:00. A.M. A.M. CONCERNING ITEM 1Wf • REZ. E III SPECIAL PER t IT • SITE , A PPROVAL • WAIVER MA2t: AGEMENT PEflJSHORELINEAPPLICATION FOR FOUR-LOT SHORT PLAT APPROVAL APPLICATION FOR WAIVER OF OFF-SITE IMPROVEMENTS FOR FURTHER INFORMATION CALL 235 2550 THIS NOTICE N( TO BE REMOVED WITHOUT PROPER AUTHORIZATION NO I I CL UI PUBLIC I IL/\I I N(i RENTON LAND USE HEARING EXAMINLR RENTON, WASHINGTON A PUBLIC HEARING WILT. BE IILLD BY TIIL RENTON I AND USE HEARING EXAMINER Al HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON , ON JUNE 19 , 19 79 , AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1, JOHN E. NELSON, APPLICATION FOR FOUR-LOT SHORT PLAT APPROVAL, File 357-79 , AND WAIVER OF OFF-SITE IMPROVEMENTS , File W-358-79 ; property located in the vicinity of 2224 N.E. 50th St. Legal description on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT MIL PUBLIC HEARING ON JUNE__ 19 , 1979_ AT 9 : 00 A . M. TO EXPRESS THEIR OPINIONS . GORDON Y . ERICKSEN PUBLISHED June 8 , 1979 RENTON PLANNING DIRECTOR CERTIFICATION I , STEVE MUNSON , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST : Subscribed and sworn to before me, a Notary Public , on the _ day of , 19 ENDING OF FILE FILE TITLE Ak ‘3Alt �5779