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WAIVER OF OFF-SITE IMPROVEMENTS :
BRUCE HELBERG ; THE PRODUCTION CO. ; Appl . W-006-77 ; waiver of off-site
improvements for a two lot short plat; property located on Jones
Avenue N . E . and N . E . 44th Street .
APPLICANT BRUCE HELBERG (THE PRODUCTION CO. ) TOTAL AREA ± 3 . 5 Acres
PRINCIPAL ACCESS Jones Avenue N . E .
EXIS"ZING ZONING B- 1
EXISTING USE Business
PROPOSED USE Business
COMPREHENSIVE LAND USE PLAN Commercial
COMMENTS
RECEIVED
CITY OF RENTON
C. J 11 HEARING EXAMINER
JAN 3 11977
AM _ PM
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WAIVER OF OFF-SITE IMPROVEMENTS :
BRUCE HELBERG ; THE PRODUCTION CO. ; Appl . W-006-77 ; waiver of off-site
improvements for a two lot short plat ; property located on Jones
Avenue N . E . and N . E . 4.4th Street .
APPLICANT BRUCE HELBERG (THE PRODUCTION CO. ) TOTAL AREA ± 3 . 5 Acres
PRINCIPAL ACCESS Jones Avenue N . E .
EXT_ S-IING ZONING B-1
EXISTING USE Business
PROPOSED USE Business
COMPREHENSIVE LAND USE PLAN Commercial
COMMENTS
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RECEIVED
CITY OF RENTON
HEARING EXAMINER
2 JAN 3 11977
AM
PM
718f9r10111112f 112t314,5,6
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FILE
FILE TITLE
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6 et-74- 2;) ?
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Amends Ordinance I': 1926
c� V5IS
-Ve_ let o� ft--�;t r►ti„� ?C . Ses�•e� Wc.je._
•
DECLARAT ON OF RESTRICTIVE COVENANTS
WHEREAS , FAI.ILY LIMITED PAR_ ► , • - a Washington
limited partnership, is t e owner of the following real property in
the City of Renton, Count of King, State of Washington, described
as Exhibit 'A ' attached h- etc .
WHEREAS , the owner o , said described property desires to
impose the following rest.ric ive covenants running with the land as
to use, present and future, •f the above described real property.
NOW , THEREFORE , the a' oresaid owner hereby establishes,
grants , and imposes restrict ' ons and covenants running with the
land hereinabove described with respect to the use by the
undersigned, its successors, eirs ians as follows :
LANDSCAPE MAINTENANCE •ND elV
The owner of the abov-
successors, heirs and a si (12.6 -
covenants to maintain all l..nd: (/
Site Landscape and Circula ' • / �,
hereto, and maintain said d I \
accepted landscape principl- _►" �-
Cd�" C`'':�
the current landowner or fut z
heirs to replace (within six' - �.�
City of Renton) any and all C • ,
been so severely damaged by I 1
improper maintenance (e. g. : 4-1
pruning) as to destroy or zoe_e_ L'( A-GO. Ce-r/
landscaping ' s original aesthE ,/• ��-
`t 11 OW 47:6C.\
,
ESTABLISHMENT OF LANDSCAPE EASEMENT
The west 11 feet of the east 25 feet of the landscape
easement shown on the Heiberg short plat recorded under
King County Recording No . 7704130774 is released. The
east 14 feet of the east 25=foot landscape easement is
retained .
ENFORCEMENT
Any violation or breach of these restrictive covenants
may be enforced by proper legal procedures in the
Superior Court of King County by either the City of
WHEN RECORDED RETURN TO:
Office of the City Clerk Amends Ordinance No. 1926
Renton Municipal Building
'200 Mill Avenue South
Renton,WA 98055
• L�
.".
fig
G1
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DECLARATION OF RESTRICTIVE COVENANTS
L l
WHEREAS, HEATH FAMILY LIMITED PARTNERSHIP, a Washington
limited partnership, is the owner of the following real property in
the City of 'Renton, County of King, State of Washington, described
as Exhibit 'A' attached hereto. •
WHEREAS, the owner of said described property desires to ,-,
impose the following restrictive covenants running with the land as
rs.
to use, present and future, of the above described real property.
•
NOW, THEREFORE , the aforesaid owner hereby establishes,
grants, and imposes restrictions and covenants running with the
C0 land hereinabove described with respect to the use by the
undersigned, its successors, heirs and assigns as follows:
w
O
r" LANDSCAPE MAINTENANCE AND REPLACEMENT PROVISIONS
CD
C"0 The owner of the above described property, its
CI successors, heirs and assigns, hereby agrees and
covenants to maintain all landscape materials as shown on
Site Landscape and Circulation Plan (2/19/93) , attached
hereto, and maintain said landscaping in accordance with
accepted landscape principles. This covenant requires
the current landowner or future purchasers, assignees or
heirs to replace (within sixty days upon notice from the
City of Renton) any and all landscaping that has died or
been' so severely damaged by natural 'causes or through
improper maintenance (e.g. : improper or excessive
pruning) as to destroy or significantly reduce said
landscaping's original aesthetics.
•
ESTABLISHMENT OF LANDSCAPE EASEMENT
The west 11 feet of the east 25 feet of the landscape
easement shown, on the Helberg short plat recorded under
King County Recording No. 7704130774 is released. . The
east 14 feet of the east 25-foot landscape easement is
retained.
•
ENFORCEMENT
•
Any violation or breach of these restrictive covenants
may be enforced by proper , legal procedures in the
Superior Court of King County by either the City of
Renton or any property owners adjoining subject property
who are adversely affected by said breach.
• Declarant/Property Owner Date
HEATH FAMILY LIMITED PARTN RSHIP
(--
ByeA—,6(4409V%4iVri e/—
/
Clement H. Heath, General Partner .—
By 1/�,1' �: ����- / �`
Dorothy HEh, General Partner
By Howard
_ i l/
l
Howard W. Heath, G neral Partner
Approved by City of Renton Date
up By 4/14/93
Its City Attorn
•
v4
Filed by County of Records & Elections Date
O •
STATE OF WASHINGTON )
COUNTY OF KING
•7-4
On this � -1- d- day of April , 1993 , before me
personally appeared Clement H. Heath, Dorothy Heath, and Howard W.
Heath, to me known to be the general partners of the Heath Family
Limited Partnership, the partnership that executed the within and
foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said partnership for the uses
and purposes therein mentioned, and that they are authorized to
execute said instrument on behalf of the partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.Notar PubXi d for the, State of
Wa94 ingto re l iding at -U J
My appointment expires: /.2
Doc ID: S-91346 Ver: 1 1759-4
04/05/93 LSB
C
EXHIBIT A
LEGAL DESCRIPTION:
LOT 2 AND THE NORTH 85 FEET OF LOT 3 IN BLOCK 2 OF
C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN,
DIVISION NO. 7, AS PER PLAT RECORDED IN VOLUME 16
OF PLATS, PAGE 18, RECORDS OF KING COUNTY, STATE
OF WASHINGTON.
ALSO KNOWN AS LOT 2 AND THE NORTH 85 FEET OF LOT
3 OF CITY OF RENTON SHORT PLAT NO. 77-035, AS
RECORDED UNDER KING COUNTY RECORDING NO.
7704130774, RECORDS OF KING COUNTY, WASHINGTON.
SUBJECT TO AN EASEMENT FOR LANDSCAPE PURPOSES
Cin OVER THE EAST 14 FEET OF THE ABOVE DESCRIBED
PROPERTY.
\ ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION
0 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M.
-- - --- R W Thorpe & Also i o.t.es 206625E+93© P. 02
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its in : SFIP-�7-035
•
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4402
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
CERTAIN CONDITIONS IMPOSED IN ORDINANCE NO. 1926 .
WHEREAS, on December 12 , 1961 the Renton City Council adopted
Ordinance No. 1926 which rezoned certain property from General
Classification District (G) to Business Parking (BP) subject to
certain conditions and terms; and
WHEREAS, pursuant to Ordinance No. 1926 the Renton City
Council imposed on the owner/petitioner to properly landscape the
east 25 feet of certain property described in that ordinance with
trees, shrubs and other natural growth to be maintained thereafter
continuously at the sole cost and expense of owner/petitioner; and
WHEREAS, it is now the desire of the City Council to amend
that condition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I . The above findings are true and correct in all
respects .
SECTION II . The existing condition imposed on the subject
property, filed under King County Auditor ' s File No . 7704130774,
Helberg Short Plat, shall be amended by restrictive covenants filed
under King County Auditor ' s File No. 9304261287 to read as follows :
Owner must properly landscape the east fourteen feet of the
subject property and such landscaping shall include trees, shrubs ,
and other natural growth to be completed forthwith and to be
maintained. thereafter at the sole cost and expense of the owner;
1
ORDINANCE NO. 4402
this agreement and covenant shall run with the land and be binding
on the successors and assigns of the owner and such landscaping and
maintenance shall be subject to the approval by the City of Renton.
SECTION III . The subject property is described as follows :
See Exhibit "A" attached hereto and made a part hereof as
if fully set forth herein.
(Property is located at 4308 Jones Avenue N.E . )
SECTION IV. This Ordinance shall be effective upon its
passage, approval, and thirty days after its publication.
PASSED BY THE CITY COUNCIL this lOtn day of May
1993 .
Marilyn etersen, City Clerk
APPROVED BY THE MAYOR this 10th day of MaY , 1993 .
G.,KA K\'0
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Earl Clymer, Mayor
Approved s to form:
Lawrence J. War n, City Attorney
Date of Publication: May 14, 1993
ORD. 304 : 4/27/93 .
2
EXHIBIT A
LEGAL DESCRIPTION:
LOT 2 AND THE NORTH 85 FEET OF LOT 3 IN BLOCK 2 OF
C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN,
DIVISION NO. 7, AS PER PLAT RECORDED IN VOLUME 16
OF PLATS, PAGE 18, RECORDS OF KING COUNTY, STATE
OF WASHINGTON.
ALSO KNOWN AS LOT 2 AND THE NORTH 85 FEET OF LOT
3 OF CITY OF RENTON SHORT PLAT NO. 77-035, AS
RECORDED UNDER KING COUNTY RECORDING NO.
7704130774, RECORDS OF KING COUNTY, WASHINGTON.
SUBJECT TO AN EASEMENT FOR LANDSCAPE PURPOSES
OVER THE EAST 14 FEET OF THE ABOVE DESCRIBED
PROPERTY.
ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION
32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M.
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FILE TITLE
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MICROFILMED
Invoice No.. .
CITY... OF RENTON
200 MILL AVENUE SOUTH
RENTON, WASH I NGTON 98055
CITY CLERK
Department or Division
Date _ Apri 1 95, 1977
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Mr. Bruce Helberg Please make checks
The Production Co. payable to
4232 Jones Ave. N. E . Finance Department
Renton, Wash. 98055 City of Renton
Recording of SHORT PLAT #35-77
( Recording Fees ) $7 . 00
Recording #7704130774 copy attached
Short Plat - copy attached
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Total Due $7 . o0
Invoice No. S'SS.
CITY OF RENTON
200 MILL AVENUE SOUTH
RENTON, WASH I NGTON 98055
•
CITY CLERK
Department or Division
Date __ March 8 , 1977 _
1
Please make checks .
The Production Co. payable to
4232 Jones Ave. N. E. Finance Department
Renton, Wash. 98055
City of Renton
Declaration of .RestrictiveCovenants ( recording. fees ) $4 . 00
recording No . 7702240754
project No. SP-35-77 ( short Plat )
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copies enclosed
Total Due $4 . 00
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DECLARATION OF RESTRICTIVE COVENANTS : .'
, WHEREAS , • THE PRODUCTION COMPANY st
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Cp xiXtxa the. owners .of- .the following real property in the City .of Renton ,..
County of; King, S'ta;te• of .Was-hington , described as Exhibit ',A ' .
attached hereto:
WHE'REAS',• 'the . owner( s ) of said described property desire ``t°o': ,
impose . the following r.es:tri.ctiv•e'' covenants running with • the
to use , present: and 'f:uture ,"- of the above described real '
NOW ; THE,REFORE:, .the aforesaid owner( s ) hereby es•tab•lish ;: ;;`., ,•':;::
grant and ,impose .:r.es':ttri cti ons- and covenants running .with the
hereinabove described with respect to the use by the • unders.igned ,
their successors , heirs:, and assi, gns as follows
INSTALLATION OF OFF-SITE IMPROVEMENTS
The own,er(,$ ),. of thea.bove described property ,' their 'suc-
cessors ', heirs and a-s:s.i.gns , hereby agree an.d covenant to ..,
participate i n , sign:.. a . petition in .support of , and accept: ,:.,
any.'future Local. Imp.rovement. District ( LID) or city initia
ted proposal ,:: and 'p:ay. .thei r fai r share therefore , for .:.the
purposes of providing' the necessary off-site improvements
required by the Renton Subdivision Ordinance'. Said improve-
ments shall include : but may not be limited to the installa
tion of c'urb,s,, gut•t'er's ,� sidewalks , street paving ,
sewers , storm sewers , undergrounding of utilities , and
street lighting .
These covenants are imposed in lieu of Section 9- 1105 ( 6 )
of Title IX of Ordinance'.#1628 of the City of Renton .
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• These 'covenants • shall -run ',with, the'• 1 and and expire on ,
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• :December31-, 20 25 , If at any, ' • improvements are > , ;
t e e- 'cove'nants the`. o'rti on 'of` ,:;
i ns't:a.,. .. ursuant: .t'o. `th s , p•
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the.. "covenant's .pert.a.ining to the' specific installed improve ;rt {; : 11
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:, , ,,/1,:;;; t d t n m e.n t s a s 'req uire'd;,;by•
,' he: 0'r x nance : of the C'iY of R'ento ' � � M:J.f.•._
f, •f u rth.e.r'=''d0cume nta.t•i'on : "
-'s� .a1.,1:,:.te'rm�in'a�t'e.;..w'i�t��o.ut� n'e'cess.,i`,t.` o .
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t i ye covenan•ts ma be' ,•;;
Anyviolation� :,or.,..; •6're:a'c;h `,o:,fi'.th'ese' `re'�s r'i,ct Y• ,,,
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ires'' `in: th"e : Su' e'rior Court: of . Kiing,. ,:. :,,'
enforced' b y, ,P r.o;p:e::,r' 'l,:e g a;:l;:;�:O:..r`o c.e:d p ':: �,;;{,,,,,j;
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r ow ners a o_ i
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County.'`bY;' e'i:tNer �`;t'h K1 Y: l.:: Y P P'., Y'.subject p.ro.pe,r:ty w,ho are`,adverse;l;y affected by said breach .
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, • . THE PRODUCTION COMPANY' ,
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Bruce Hel berg r
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STATE OF :WASHI:NGTON ) ' ,
COUNTY OF: KING" ).' ,,.
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On. thi s ,7th • day of December 1.9 76 before me
e rs o n a 1 l a eare'd,••'. , Bruce Hel berg
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the p erson(s ) 'whoa .e'X,ecuted •the •-w;i`t.'hiin "an°d foreg.oi"n:g instrume•n'.t , •'an'd },-;„, _._.•:':
• acknowledged ''s`a'id instrument
'':to . be the ,free and 'voluntary act •a,n,d,. • . "'. '`-:;
deed of ,;said. pers.on,.(s ) for the uses and purposes 'therein mentioned'. ,;;.,;r,;";', ,:,
IN WITNESS' •WHEREOF , I have hereunto - set my. .hand and affixed my ' ;
official seal. the day and year first above • written : •
• ' No" a£ "r,y Public i n anal or 'the' •S'tate -:. : `
a-: of Washington residing .'at. ' Medina ' ,•
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EXHIBIT "A"
Legal Description,,i::,
Lot 2 AND the North 85 feet of Lot 3 in Block 2 of C.. D7 's
vcr Lake .Washington Garden.,of Eden Addition; to Seattle, Div. No,7..,;-. as
U") per plat recorded in Volume 16 of Plats, on page 18, records, of King
County; .
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C\,1 Situate in the City of Renton, County of King, State of Washington,
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OFFICE OF THEE
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•?' THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
O
o a '444 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER
opgr �� DAMES L. MAGSTADT , 2 35 -2 593
f0 SEP1�
February 23 , 1977
Mr. Bruce Helberg RE : File No. W-006-77
The Production Company #35-77 Short Plat
4232 Jones Avenue N.E.
Renton, Washington 98055
Dear- Mr. Helberg:
This is to notify you that the above referenced requests ,
which were approved subject to conditions as noted on the
Examiner' s report of February 7, 1977, have not been
appealed within the time period set by ordinance, and
therefore, this application is considered final and is
being submitted to the City Clerk effective this date
for permanent filing. Restrictive Covenants will be
filed by the City Clerk with King County.
Sincerely, •
'Jam /s . Magstadt
Hea ' g Examiner
JLM:mg
•
cc: Del Mead, City Clerk
ruzruary 7, 1977
OFFICE OF THE LAND USE HEARING EXAMINER
CITY OF RENTON
REPORT AND RECOMMENDATION.
APPLICANT: Bruce Helberg/The Production FILE NO. #35-77
Company Short Plat
W-006-77
Waiver
LOCATION: Located directly southeast of the May Creek
Freeway interchange at the southeast corner
of Jones Avenue N.E. and N.E. 44th Street.
SUMMARY OF REQUEST: Applicant requests a two-lot short plat. The
northerly lot to be 344 ' x 297 ' or 2 .4+ acres
with the northerly existing building. The
southerly lot to be 170 ' x 297 ' or 1 .1+ acres
with the southerly existing building.
The applicant also requests a waiver of off-
site improvements because no similar improvements
exist in the general area.
SUMMARY OF Planning Department: Recommend approval subject
RECOMMENDATION: to conditions .
Hearing Examiner: Recommend approval subject
to conditions .
PLANNING DEPARTMENT The Planning Department staff report was received
REPORT: by the Examiner on January 24 , 1977 .
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 January 31 , 1977, at 1:50 p.m. in the Council
Chambers of the Renton Municipal Building.
Neither the applicant nor his representative was in attendance.
The Planning Department staff report was entered into the record by
reference. Gordon Y. Ericksen, Planning Director, summarized the
Planning Department preliminary report and entered the following
exhibits:
Exhibit 1: Zoning Map.
Exhibit 2: Land Use Site Map.
Exhibit 3: Helberg Short Plat Map, received on January 14, 1977 .
Exhibit 4 : Letter from Public Works Director, dated January 28 ,
1977, re Waiver Application. Letter was read into
the record by the Hearing Administrative Assistant.
In regard to the application for waiver, the Planning Director
indicated that the applicant is not opposed to signing restrictive
covenants for off-site improvements .
The Examiner requested additional information from the Public Works
Director, Warren C. Gonnason, regarding his letter recommending
denial of the request for waiver. Mr. Gonnason reported on the
status of improvements in the general area and indicated that there
are no existing curbs, gutters, sidewalks or drainage facilities in
the surrounding area. In order for the applicant to proceed with
#35-77 - Short Plat Page Two
W-006-77 - Waiver
the installation of off-site improvements consistent with the other
areas , it would require the setting of pavement widths , grades where
curbs and gutters would be installed, and a detailed design for
drainage. The city does not have plans detailing these matters
sufficiently for the applicant to proceed with the development. If
it is the desire of the Hearing Examiner or the city to require off-
site improvements, it would be necessary to have those plans so that
the applicant could accomplish the work.
The Examiner asked the Public Works Director if those plans would be
part o.f the department's work schedule for 1977, and he responded that
they would not.
The hearing on Item #35-77 and Item W-0.06-77 was closed by the Examiner
at 2 :00 p.m.
FINDINGS, CONCLUSIONS & RECOMMENDATIONS : Having reviewed the record
in this matter, the Examiner now makes and enters the following:
FINDINGS :
1 . The property was posted and advertised according to law and
there were no representatives speaking for o'r against the
application.
2. The Planning Department report accurately sets forth the
issues , findings of fact, applicable policies and provisions ,
and department recommendations in this matter. This report,
being uncontested, is incorporated by reference into the
Examiner's final findings.
3 . The property has been zoned B-1 since 1963 with covenants
establishing easterly 25 feet as a landscape buffer. A
5-foot utility easement was also granted to the city along
the easterly property line. The property is occupied by
two commercial buildings connected by a breezeway exit.
Each building has an adjacent parking area.
4 . It has been determined that the short plat and waiver will
not have any negative impact on natural , social or
environmental systems . .
CONCLUSIONS :
Short Plat:
1 . The proposed property division does not significantly detract
or alter the existing character of the site.
2 . The boundary was requested to facilitate the separation of
the two buildings to accommodate potential resales .
Waiver:
1 . The Public Works Director, Warren C. Gonnason, noted the
absence in the general area of curbs , gutters, sidewalks
or drainage facilities. Therefore , to provide the applicant
with established grade lines for the installation of off-site
improvements consistent with the area would be difficult
because the city does no.t have sufficient detailed plans to
enable the applicant to proceed with the development. The
Public Works Department work schedule will not be able to
make provision for such plans in 1977 . Mr. Gonnason and
the Planning Department recommend that the requested waiver
be denied, and in lieu, recommend the approval of an
indefinite deferral of the off-site improvements subject to
the signing and filing of restrictive covenants in which
the owner agrees to participate in a Local Improvement
District for such improvements at a future date .
•
#35-77 - Short Plat Page Thrfae
W-006-77 - Waiver
Waiver:
2 . A declaration of off-site improvements and the future
participation in an L.I.D. has been signed by Bruce Helberg
and will be recorded in due procedure in King County.
RECOMMENDATION:
Short Plat: Approval.
Waiver: Approval of the waiver subject to the recording of the
Declaration of Restrictive Covenant document.
ORDERED THIS 7th day of February, 1977 .
Fr es L. I .gsta•t
and Us: Hearing Examiner
TRANSMITTED THIS 7th day of February, 1977 by certified mail to
the party of record:
Bruce Helberg
TRANSMITTED THIS 7th day of February, 1977 , to the following:
Mayor Charles J. Delaurenti
Councilman George J. Perry
Councilman Richard M. Stredicke
Warren C. Gonnason, Public Works Director
Gordon Y. Ericksen, Planning Director
Don J. Smith, Renton Record-Chronicle
Pursuant to Ordinance No. 3071, Section 4-3015 , request for reconsideration
or notice of appeal must be filed in writing on or before February 14, ;.
1977. Any aggrieved person feeling that the decision of the Examiner
is based on erroneous procedures, errors of law or fact, error in
judgment, 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 of the conclusion
of the hearing. 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.
PLANNING ILI'AhHMLN'I'
PRELIMINARY REPORT TO HEARING EXAMINER
PUBLIC HEARING
JANUARY 31 , 1977
APPLICANT: BRUCE HELBERG/THE PRODUCTION COMPANY
FILE NO. : SHORT PLAT APPLICATION-#35-77 ; WAIVER APPLICATION-#W-006-77
A. SUMMARY OF REQUEST:
Applicant requests a two-lot short plat . The northerly lot to be
344 ' x 297 ' or 2 . 4± acres with the northerly existing building .
The southerly lot to be 170 ' x 297 ' or 1 . 1± acres with the south-
erly existing building .
The applicant also requests a waiver of off-site improvements
because no similar improvements exist in the general area .
B. GENERAL INFORMATION :
. 1 . Owner of Record : BRUCE HELBERG : THE PRODUCTION COMPANY
2 . Applicant : Bruce Helberg
3 . Location : Located directly southeast of the
May Creek Freeway interchange at the
southeast corner of Jones Avenue N . E .
and N . E . 44th Street .
4.. Legal Description : Lot 2 and north 85 ' of Lot 3 in
Block 2 of C . D . Hillman ' s Lake
Washington Garden of Eden Addition
to Seattle , Division No . 7 .
' 5 . Size of Property : 3 . 5 acres
6 . Access : Provided from both N . E . 44th Street
and Jones Avenue N . E .
7 . Existing Zone : B- 1 (Business District) and G-9600
8. Exisiting Zoning in Area : The site lies primarily within a
B-1 (Business ) zone with G-9600 ,
G-7200 (General Suburban District)
and H-1 (Heavy Industrial ) classifi -
cations in close proximity.
9 . Comprehensive Land
Use Plan : Commercial
10 . Notification : The applicant was notified in writing
of the hearing date . Notice was
properly published in the Record
Chronicle and posted in three places
on or near the site .
C. PURPOSE OF REQUEST:
To sell northerly existing building together with ±2 .4 acres
of property .
D. HISTORY/BACKGROUND :
`7 LA porti_nnf the site was originally rezoned B-1 on May 24 , 1960
(Orel-finance No . 1833) . Subsequent rezones occurred in 1961 and 1963 ,
(Ordinance Nos . 1926 and 2063 respectively) . The original rezone
request was conditioned upon conforming to ' the residential setbacks ,
and providing adequate parking and landscaping . Covenants also
established the easterly 25 feet as a landscape buffer . A five foot
utility easement was also granted to the city along the easterly
property line .
4110
I'I-/1NN I Nci Ili- I'/IRTMI:N1
PRELIMINARY REPORT TO HEARING EXAMINER
PUBLIC HEARING OF JANUARY 31 , 1977
PAGE TWO
RE : BRUCE HELBERG/THE PRODUCTION COMPANY APPLICATIONS ;
SHORT PLAT Appli . #35-77 ; WAIVER Appli . #W-006-77
E. PHYSICAL/BACKGROUND :
1 . Topography : The property site is relatively level . The
computed slope is minimal between one and two percent.
2 . Soils : The Norma series is made up of poorly drained soils
that formed in alluvium. Permeability is moderately rapid .
The seasonal water table is at or near the surface . The
available water capacity is moderately high to high . Runoff
is slow , and the erosion hazard is slight . Slopes 0-2 per-
cent . Severe limitations for foundations , shallow excavations ,
and septic tank fields due to seasonal high water table
and flood hazard .
3 . Vegetation : Predominate ground cover is in the form of grass
with shrubs and brush in concentrated pockets . Red Cedar
and Red Birch align the eastern edge of the property with a
limited number of alder situated on the north and western
edges .
4 . Wildlife : N/A
5 . Water : A surface drainage ditch exists along the easterly
property line .
6 . Land Use : Two commercial buildings connected by a narrow
breezeway exist on the site . The southerly building is
presently used by Production Company . The northerly building
was last used by Northwest Photo Typography . There is an
existing parking area along the east side of the northerly
building (Northwest Photo Typography) and a parking area on
the west side of the Production Company (northerly build-
ing ) . The property to the east is single family residential ,
a U-Storage facility exists to the south of the subject site .
The area north of the subject site and on the west side of
Jones Avenue N . E . is presently undeveloped .
F. NEIGHBORHOOD CHARACTERISTICS :
A mixture of business , single family residential and undeveloped
land . Standard curbs , gutters , and sidewalks do not exist in
the general area .
G . PUBLIC SERVICES :
1 . Water and Sewer : An eight inch water main presently exists
along Jones Avenue N . E . There are no existing sewers although
an LID is currently pending .
2 . Fire Protection : To be provided by the City of Renton Fire
Department according to ordinance requirements .
3 . Transit : Available on nearby interchange .
4 . Schools : N/A
5 . Parks : The site is near the proposed King County May
Creek Park.
PLANNING DLI'I\R I MLN I
PRELIMINARY REPORT TO HEARING EXAMINER
PUBLIC HEARING OF JANUARY 31 , 1977
PAGE THREE
RE : BRUCE HELBERG/THE PRODUCTION COMPANY APPLICATIONS ;
SHORT PLAT Appli . #35-77 ; WAIVER Appli . #W-006,-77
H. APPLICABLE SECTIONS OF THE ZONING CODE:
1 , 4-711 ; B-1 BUSINESS DISTRICT
I . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL
CITY DOCUMENTS ;
1 . Subdivision Ordinance ; 9-1105 ; plat requirements for
short subdivisions .
J . IMPACTS OF NATURAL SYSTEM:
The proposed short plat and waiver request will have minimal
impacts to the natural system.
K. SOCIAL IMPACTS :
No appreciable social impacts will be created by the proposal .
L. 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 ) , this proposed action is ,exempt from the threshold
determination and EIS requirements of SEPA .
M. ADDITIONAL INFORMATION :
A vicinity map is attached .
N. AGENCIES/DEPARTMENTS CONTACTED :
1 . City of Renton Building Division
2 . Dity of Renton Engineering Division
3 . City of Renton Traffic Engineering Division
4 . City of Renton Utilities Division
5 . Dity of Renton Fire Department
All departments contacted regarding the applications expressed
no specific concerns .
O. DEPARTMENT ANALYSIS :
1 . Proposed plat conforms to subdivision and zoning ordi -
nance requirements .
2 . The short plat is legally necessary to sell the northerly
building .
3 . The existing 25 ' landscape buffer and utility easement along
the east property line , the existing parking on site , and the
residential setbacks shall be retained as per previous covenant ,
rezone , and ordinance requirements .
4. No off-site improvements presently exist in the general area .
•
AINII I i'AH I Mi.N I
PRELIMINARY REPORT TO HEARING EXAMINER
PUBLIC HEARING OF JANUARY 31 , 1977
PAGE FOUR
RE : BRUCE HELBERG/THE PRODUCTION COMPANY APPLICATIONS ;
SHORT PLAT Appli . #35-77 ; Waiver Appli . #W-006-77
P. PLANNING DEPARTMENT RECOMMENDATIONS :
1 . Short Plat : Recommend approval of the short plat subject
to retention of the 25 ' landscape buffer and 5 ' utility
easement along the easterly property line , provision of
proper parking for each separate building , and mainten-
ance of the residential setback as per rezone approval .
This would necessitate removal of a portion . of the
breezeway connecting the two buildings .
2 . Waiver Request : Recommend approval of an indefinite
deferral of the off-site improvements subject to the
signing .and . filing of restrictive covenants in which the
owner agrees to participate in an LID for such improvements .
Attachments •
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RECEIVED
CITY OF RENT' N
HEARING
JAN 2 4 1977
AM
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'BUILDING DIVISION 235 -2540
2?• MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
ccy
0 42-
44,
SEP1C-1.43:1 January 11, 1977
ZHARLES J. DELAURENTI
MAYOR
TO: Planning Department
FROM: Jim Hanson
SUBJECT: Helberg Short Plat
Existing buildings should be shown on plan to insure
• proper setbacks or fire walls and parking for each
building.
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111111 11111111111/ 27 Zb , ; • 4 E
WAIVER OF OFF-STTE TMPROVEMENTS :
BRUCE HELBER1G ; THE PRODUCTION CO. ; Appl . W-006-77 ; waiver of off-site
improvements for a two lot short plat ; property located on Jones
Avenue N . E . and N . E . 44th Street.
APPLICANT
BRUCE HELBERG (THE PRODUCTION CO. ) TOTAL AREA :1-: 3 . 5 Acres
PRINCIPAL ACCESS Jones Avenue N . E . •
EXIST ING . ZONING B- 1 .
EXISTING USE Business
PROPOSED USE Business
COMPREHENSIVE LAND USE PLAN Commercial •
•
COMMENTS
• - - • •
1111
I
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. s- i
IK146/ I
4 N5441( ST, 14' i.
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iti:iiiiiiiivipfivi
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g+: ::::<:::: :: : •:: ::: ':'• CITY LIMiT5
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I3ICUCE I4 .L3EQ(T
SHORT OLAT IJ:D. 85-7 7
WAIVER- IJO.W-eaa-77
r
P
Y
a, , , Io '� '�' CITY OF RENTON
f„tz.lo alt
o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
® bx, o) CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT
cre
Q' 235—2550
4,4
rED SFPZ10
•
January 24 , 1977
Bruce Helberg
The Production Company
4232 Jones Avenue N.E.
Renton, Washington 98055 •
•
. REGARDING: APPLICATION FOR; WAIVER--#W-006-77 AND
SHORT PLAT #35-77✓
Dear Mr. Helberg:
Attached for your information is a copy -of the
Planning Department Staff Report regarding the
abovementioned application. If you have any
questions, please contact this department.
Very truly yours ,
Gordon Y. Ericksen
Planning ,Director.=
^
/ /� ,
iichael L. Smith
Associate Planner
MLS:ms
•
Attachment •
d
CITY OF RENTON
PLAT APPLICATION
p at_ oOG- 77 — �A/✓ems
X SHORT PLAT OF RFC FILE NO. 06- 7`7 K�`iar /��f J
MAJOR PLAT �� REC�IVEo �O DATE REC 'D Ao1 16- T6
TENTATIVE DEC 16' 1976 FEE $ o�O / /
PRELIMINARY \-1S RECEIPT NO. /0-1f�f�[�i.
FINAL y • , i SM NO.
• 2�/N �(�� P U D NO.
oo.d` DEP P A- ,L5d.eo
e f
APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : .
1. Plat Name & Location Lots 2 and 3, Block 2 of Hillman's Lake Washington Garden
of Eden Addition to Seattle, Div. No. 7, Renton, Washington
2 . No. Lots 2 Total Acreage 3.5 Zoning B-1 •
3. owner The Production Company Phone 255-1777
Address 4232 Jones Ave. N.E. , Renton./ Washington
4 . Engineer Phone
Address
5. Underground Utilities: Yes No Not Installed
Telephone _I__
Electric X ,
Street Lights _I—
Natural Gas _X_
TV Cable _I__
I, 6 . Sanitation & Water: .
/T7 City Water L=7 Sanitary Sewers
/7 Water District No. /7 Dry Sewers • .
ZX/ Septic Tanks
7 . Vicinity and plat maps as required by Subdivision Ordinance
8 . DATE REFERRED TO: •
ENGINEERING / p/77 • PARKS
BUILDING �i/u_7 HEALTH
•
TRAFFIC ENG . //10/77 STATE HIGHWAY
FIRE Øo/ii COUNTY PLANNING
BD. PUBLIC WORKS OTHER
9 . STAFF ACTION :
1 ✓ SHORT PLAT . APPROVED ✓/ 94J/77 DENIED
TENTATIVE PLAT ' APPEALED EXPIRED
Mftilr G C �O wl 1 4-6
N N ACTION :
PRELIMINARY PLAT APPROVED DENIED
FINAL PLAT APPEALED EXPIRED
1 CITY COUNCIL ACTION:
PRELIMINARY PLAT APPROVED DENIED
FINAL PLAT APPEALED EXPIRED
DEFERRED IMPROVEMENTS:
DATE DATE BOND NO. . &
TYPE GRANTED EXPIRES AMOUNT
\ .
I Planning Dept .
Rev. 12/71
AFFIDAVIT
We We
1, THE PRODUCTION COMPANY , being duly sworn, declare that
are 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 .7th day of December , 19 76 ,
Notary Public in and for the State of
Washington, residing at Medina •
THE PRODUCTION COMPANY
51/6t-eR
(Name of N tart' blic) Signature of Owner)
Bruce Helberg
0116" N.E.. 3th St: , Bellevue 10112 N.E. 10th St.
Address):. (Address)
•
Bellevue Washington
(City) (State)
455-2222
(Telephone)
(FOR OFFICE USE ONLY)
CERTIFICATION
This is to certify that the foregoing application has been inspected by me
and has been found to be thorough and complete in every particular and to
conform to the rules and regulations of the Renton Planning Department
•overning the filing •-- ch application.
OF Rk'
txLi
ate Received 1 , 19 By: 4
DEC 16 1976 '
-o
Renton3 Planning Dept .
2-7
LNG DEP 1'"
( i 1, I,• - I
N I I ( I I►I PI IIiI I I III IIIf I N(
IZLNTON LAND USE I R.AH 1 N(; EXAM I NI.IZ
RENTON, WASHINGTON
A PUBLIC HEARING WILL BE HELD BY THE RENTON I.ANI) USE HEARING E XIIMINI R
AI HIS REGULAR MLLI ING IN 111E COUNCIL CIIAMIII.RS , CIIY HAIL , U[ NION ,
t•1/1SH I NGTON , ON JANU_ARY. 31 , 1977.-. , Al 9 : 00 A. M. TO CONSIDER
l 111 I OLLOW 1 NG PLTI T 1 ONS :
1 . REZONE FROM R-2 TO B- 1 ; file No. R-001- 77 ; property
located on Sunset Boulevard between N . E . 12th Street
and Monroe Avenue N . E .
2 . EXCEPTION TO SUBDIVISION ORDINANCE ; file No . E-002-77 ;
property located in the vicinity of 3702 Lake
Washington Boulevard N .
)F 3. WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT
PLAT ; file No . W-003-77 ; property located ;in the
vicinity of 3702 Lake Washington Boulevarq' N .
• • 4 . REZONE FROM S- 1 TO SR- 1 ; file No . R-004-77 ; property
located at 807 Union Avenue N . E.
5 . WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO: LOT SHORT
PLAT; file No . W-006-77 ; property located on Jones,
Avenue N . E . and N . E . 44th Street .
' Legal descriptions of all applications noted above on
file in the Renton Planning Depar•tint nt .
•
All I N1 f ITS I f:n Pl. RSoNS 1 O SAID PI 11 1 10W, AI:I: 1 NV 1 I I.l) 10 HI PRIM N f AI
III! I'ION IC IILAH1NG ON JANUARY 3l , .1977 Al q : 01) A . M . 1 (1
I /PItI SS IIiEIR OPINIONS .
GORDON Y . FRECKSEN
HINTON Pt ANNING 'DIRECTOR
CERTIFICATION L
OF THE A[iOVEEDOCUMENTTWERL POSTED BYHME IN ` CEREE COYTNSPIT THREE COPIES
TIIRE:E CONSPICUOUS PLACES
ON THE PROPERTY DESCRIBED ABOVE AS PPESCRIBED BY LAW -1 ;
ATTEST :
Subscribed and sworn
to before me, a Notary Public ,
on the_ « day of 'S-c.N.I\o , t7! .,
19 . (._l ._ • SIGNED e , .
•
•
-� OF •
THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
op CHARLES J. DELAURENTI , MAYQR • PLANNING DEPARTMENT
O,p <,‘ 235-2550
•
''fb SFPSC--e
•
•
January 18 , . 1977
Bruce Helberg
The Production Company
4232 Jones Ave . N . E .
Renton , WA 98055
RE : NOTICE OF APPLICATION ACCEPTANCE '
AND PUBLIC HEARING DATE FOR
Waiver of Off-site Improvements Application,_File No. W-006-77
Gentlemen :
• The Renton Planning Department formally accepted the
above mentioned application on January 13 , 1977 A
public hearing before the City of Renton Hearing Examiner
has been set for January 31 , 1977
Representatives of the applicant are asked to be pre-
. sent . 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 . Ericksen
Planning Director
By :
Ivrc a �ro
Associate Planner •
wr
pF
`� 41 PUBLIC WORKS DEPARTMENT
�i ,'g ;Jib-
Z
BUILDING DIVISION 235 -2540
0 . MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
0
� •
TFD SEPSC- �
‘4‘ January 11, 1977
CHARLES J. DELAURENTI
MAYOR
•
TO: Planning Department
FROM: Jim Hanson
SUBJECT: Heiberg Short Plat
Existing buildings- should be shown.on_plan=:to•:insure _:
setbacks:-or .fire,=walls and'•: arkin -for each_,, :,.. : ;;
proper P g=�
building
JCH/mp
/7' \ 1.‘(. %\
iIV 1iglZ
f
y ur 1
`�`9ti �%
INTERDEPARTMENTAL REVIEW REQUEST
TO : PUBLIC WORKS DIRECTOR
1/ BUILDING DIVISION
V
j ENGINEERING DIVISION
-/, TRAFFIC ENGINEERING DIVISION
1 UTILITIES DIVISION
yi FIRE DEPARTMENT
HEALTH DEPARTMENT
FROM: PLANNING DEPARTMENT /f/G/164 _. i(T'W
Contact Person
R E : 13, WE L gz�?Cr(f AD ticr pti r p) �r��,4�"" /o_
(j . -DO 6 —-)
Please review the attached information regarding the subject
proposal and return it to the Planning Department by
4C, / 977 with your written
recommendation . Your response will be included as part of the
staff report to the Hearing Examiner.
Thank you ,
PLANNING DEPARTMENT
Date /07
A
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS , THE PRODUCTION COMPANY ,
, 9
is
YaXtM the owners of the following real property in the City of Renton ,
County of King , State of Washington , described as Exhibit ' A '
attached hereto .
WHEREAS , the owner( s ) of said described property de`si're to
impose the following restrictive covenants running with the land as
to use", present and future , of the above described real property .
NOW , THEREFORE , the aforesaid owner( s ) hereby establish ,
grant and impose restrictions and covenants running with 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 owner( s ) of the above described property , their suc-
cessors , heirs and assigns , hereby agree and covenant to
participate in , sign a petition in support of , and accept
any future Local Improvement District ( LID) or city initia-
ted proposal , and pay their fair, share therefore , for the
purposes of providing the necessary off-site improvements
required by the Renton Subdivision Ordinance . Said improve-
ments shall include but may not be limited to the installa-
tion of curbs , gutters , sidewalks , street paving , sanitary
sewers , storm sewers , undergrounding of utilities , and
street lighting .
These covenants are imposed in lieu of Section 9- 1105 ( 6 )
of Title IX of Ordinance #1628 of the City of Renton .
r
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 improve-
ments as required by the Ordinances of the City of Renton
shall terminate without necessity of further documentation .
Any violation or breach of these restrictive covenants may be
enforced by proper legal procedures in the Superior Court of King
County by either the City of Renton or any property owners adjoining
subject property who are adversely affected by said breach .
, THE PRODUCTION COMPANY
R Y• ))'(1'
Bruce Hel ber
9
STATE OF WASHINGTON )
COUNTY OF KING )
On this 7th day of December , 19 76 , before me
personally appeared Bruce Helberg
,
, 9
,
the person ( s ) who executed the within and foregoing instrument , and
acknowledged said instrument to be the free and voluntary act and
deed of said person ( s ) 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 .
No ary Public in and or the State
of Washington , residing at Medina •
i
•
EXHIBIT "A"
Legal Description:
Lot 2 AND the North 85 feet of Lot 3 in Block 2 of C.D. Hillman's
Lake Washington Garden of Eden Addition to Seattle, Div. No.7, as
per plat recorded in Volume 16 of Plats, on page 18, records of King
County;
Situate in the City of Renton, County of King, State of Washington.
!( �-
D70 1 1`
KENNETH J. OYLER
CIVIL ENGINEER &LAND SURVEYOR
P.O.Box 2258 • Renton,Wa 98055
255-5050
Dec, 16, 1976
Planning Coranission, City of Renton
Re; Proposed Short Plat o_" S. Heiberg
• this .� S w'_+ -T y.
'1t'i the Sl:tJI:'=SS10�. of short plat, a waiver Of t'le OF?_SITE:
iPH.07 17_J:•, is being renuested.
There a^e no similar improvements in the .immediate area.
•
//-?
eTht . t/
/7G
e
•
✓• /D rY
I�
•
•
Y
rrr
•Pit
i CFO 1 6 ,
I )
•
•
ii, 4
,,,,i6s-,f,t-N;
�- t Y
4thd • of Publication NOTICE OF
i `—
v y� .� PUBLIC HEARING
STATE 9 WASHI vi. ON RENTON LAND USE
HEARING EXAMINER
,.:�� C¢t,'NTY OF ss. RENTON,WASHINGTON
A PUBLIC HEARING
' =A1q NN11\1G WILL BE HELD BY THE
RENTON LAND USE
9 1'0 HEARING EXAMINER AT
being first duly sworn on HIS REGULAR MEETING
^ �� IN THE COUNCIL
oath,deposes and says that is the - - - -- - of CHAMBERS, CITY HALL,
RENTON, WASHINGTON,
THE RENTON RECORD-CHRONICLE, a newspaper published four(4) ON JANUARY 31,1977,AT
times a week. That said newspaper is a legal newspaper and it is now and 9:00 A.M. TO CONSIDER
has been for more than six months prior to the date of publication referred THE FOLLOWING
to. printed and published in the English language continually as a news- PETITIONS:
paper published four (4)times a week in Kent,King County,Washington, 1. REZONE FROM R-2
and it is now and during all of said time was printed in an office maintained TO B-1; file No. R-
at the aforesaid place of publication of said newspaper. That the Renton 001 77; property
Record-Chronicle has been approved as a legal newspaper by order of the located on Sunset
Superior Court of the County in which it is published,to-wit,King County,
Boulevard between
'_. ,. - , N.E. 12th Street and.
Washington.That the annexed is a tt r O _. i. Monroe Avenue N.E.
2. EXCEPTION TO
+ , SUBDIVISION
.:-)— - . �.,:716 ";se 7roir} ns Mn-liner,
f
ORDINANCE;file No.
E-002-77; property
'Cti• iQt'2t3 located in the vicinity
as it was published in regular issues(and of 3702 Lake
not in supplement form of said newspaper) once each issue for a period Washington
Boulevard N.
3.WAIVER OF OFF-
of consecutive issues,commencing on the SITE IMPROVE-
MENTS FOR A TWO
LOT SHORT PLAT;
71 day of ,19 ,and ending the file No. W-003-77;
property located in the
vicinity of 3702 Lake
Washington
day of ,19 both dates Boulevard N.
inclusive, and that such newspaper was regularly distributed to its sub- 4. REZONE FROM S-1
scribers during all of said period. That the full amount of the fee TO SR-1; file No. R-
004-77; property
? ' located at 807 Union
charged for the foregoing publication is the sum of 5- • -; which Avenue N.E.
has been paid in full at the rate of per folio of one hundred words for the 5.WAIVER OF OFF-
first insertion and per folio of one hundred words for each subsequent SITE IMPROVE-
insertion.
MENTS FOR A TWO
LOT S -ff•- ,
--6- ='-- f_ ,-`` k. -—:J a ;.,.-,i- -/ file No. :006-77;
/ i propert -• •n
/ - ,-
and Avenue N.E.
and N.E.44th Street.
Legal descriptions of all
Subscribed and sworn to before me this 21 dayof applications noted above on
file in the Renton Planning
Department.
19 "7 ALL INTERESTED
%`1 PERSONS TO SAID
j it
PETITIONS ARE INVITED
TO BE PRESENT AT THE
" E` / "� '�'�" PUBLIC HEARING ON
Notary Public"ityand for the State of Washington, JANUARY 31, 1977, AT
residing at Kent, King frgtinty.
i 9:00 A.M. TO EXPRESS
- - - - — THEIR OPINIONS.
GORDON Y. ERICKSEN
— Passed by the Legislature,1955,known as Senate Bill 281,effective June • RENTON PLANNING
9th, 1955. DIRECTOR
Published in The Renton
—Western Union Telegraph Co. rules for counting words and figures, Record-Chronicle January
adopted by the newspapers of the State. 21, 1977. R4142
i
//
l truary 7, 1977
OFFICE OF THE LAND USE HEARING EXAMINER
CITY OF RENTON
REPORT AND RECOMMENDATION.
APPLICANT: Bruce Helberg/The Production FILE NO. #35-77
Company Short Plat
W-006-77
Waiver
LOCATION: Located directly southeast of the May Creek
Freeway interchange at the southeast corner
of Jones Avenue N.E. and N.E. 44th Street.
SUMMARY OF REQUEST: Applicant requests a two-lot short plat. The
northerly lot to be 344 ' x 297 ' or 2 .4+ acres
with the northerly existing building. The
southerly lot to be 170 ' x 297 ' or 1 .1+ acres
with the southerly existing building.
The applicant also requests a waiver of off-
site improvements because no similar improvements
exist in the general area.
SUMMARY OF Planning Department: Recommend approval subject
RECOMMENDATION: to conditions .
Hearing Examiner: Recommend approval subject
to conditions .
PLANNING DEPARTMENT The Planning Department staff report was received
REPORT: by the Examiner on January 24 , 1977 .
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 January 31 , 1977, at 1:50 p.m. in the Council
Chambers of the Renton Municipal Building.
Neither the applicant nor his representative was in attendance.
The Planning Department staff report was entered into the record by
reference. Gordon Y. Ericksen, Planning Director, summarized the
Planning Department preliminary report and entered the following
exhibits:
Exhibit 1: Zoning Map.
Exhibit 2 : Land Use Site Map.
Exhibit 3: Helberg Short Plat Map, received on January 14, 1977 .
Exhibit 4 : Letter from Public Works Director, dated January 28 ,
1977, re Waiver Application. Letter was read into
the record by the Hearing Administrative Assistant.
In regard to the application for waiver, the Planning Director
indicated that the applicant is not opposed to signing restrictive
covenants for off-site improvements .
The Examiner requested additional information from the Public Works
Director, Warren C. Gonnason, regarding his letter recommending
denial of the request for waiver. Mr. Gonnason reported on the
status of improvements in the general area and indicated that there
are no existing curbs, gutters, sidewalks or drainage facilities in
the surrounding area. In order for the applicant to proceed with
//
I I
#35-77 - Short Plat Page Two
W-006-77 - Waiver
the installation of off-site improvements consistent with the other
areas , it would require the setting of pavement widths , grades where
curbs and gutters would be installed, and a detailed design for
drainage. The city does not have plans detailing these matters
sufficiently for the applicant to proceed with the development. If
it is the desire of the Hearing Examiner or the city to require off-
site improvements , it would be necessary to have those plans so that
the applicant could accomplish the work.
The Examiner asked the Public Works Director if those plans would be
part of the department's work schedule for 1977, and he responded that
they would not.
The hearing on Item #35-77 and Item W-006-77 was closed by the Examiner
at 2 : 00 p.m.
FINDINGS, CONCLUSIONS & RECOMMENDATIONS : Having reviewed the record
in this matter, the Examiner now makes and enters the following:
FINDINGS :
1 . The property was posted and advertised according to law and
there were no representatives speaking for or against the
application.
2 . The Planning Department report accurately sets forth the
issues, findings of fact, applicable policies and provisions ,
and department recommendations in this matter. This report,
being uncontested, is incorporated by reference into the
Examiner's final findings. •
3 . The property has been zoned B-1 since 1963 with covenants
establishing easterly 25 feet as a landscape buffer. A
5-foot utility easement was also granted to the city along
the easterly property line. The property is occupied by
two commercial buildings connected by a breezeway exit.
Each building has an adjacent parking area.
4 . It has been determined that the short plat and waiver will
not have any negative impact on natural , social or
environmental systems.
CONCLUSIONS :
Short Plat:
1 . The proposed property division does not significantly detract
or alter the existing character of the site.
2 . The boundary was requested to facilitate the separation of
the two buildings to accommodate potential resales .
Waiver:
1 . The Public Works Director, Warren C. Gonnason, noted the
absence in the general area of curbs , gutters, sidewalks
or drainage facilities. Therefore , to provide the applicant
with established grade lines for the installation of off-site
improvements consistent with the area would be difficult
because the city does not have sufficient detailed plans to
enable the applicant to proceed with the development. The
Public Works Department work schedule will not be able to
make provision for such plans in 1977 . Mr. Gonnason and
the Planning Department recommend that the requested waiver
be denied, and in lieu, recommend the approval of an
indefinite deferral of the off-site improvements subject to
the signing and filing of restrictive covenants in which
the owner agrees to participate in a Local Improvement
District for such improvements at a future date .
/ ,a- . ''''''
I H
. #35-77 - Short Plat Page Three
W-006-77 - Waiver
.Waiver:
2 . A declaration of off-site improvements and the future
participation in an L.I.D. has been signed by Bruce Helberg
and will be recorded in due procedure in King County.
RECOMMENDATION:
. Short Plat: Approval.
Waiver: Approval of the waiver subject to the recording of the
Declaration of Restrictive Covenant document.
ORDERED THIS 7th day of February, 1977 . .
AlagY
Aylr-es L. , .gsta•t
and Us: Haring Examiner
TRANSMITTED THIS 7th day of February, 1977 by certified mail to
the party of record:
Bruce Helberg
TRANSMITTED THIS 7th day of February, 1977 , to the following:
Mayor Charles J. Delaurenti .
Councilman George J. Perry
Councilman Richard M. Stredicke
Warren C. Gonnason, Public Works Director
Gordon Y. Ericksen, Planning Director
Don J. Smith, Renton Record-Chronicle .
Pursuant to Ordinance No. 3071, Section 4-3015, request for reconsideration
or notice of appeal must be filed in writing on or before February 14 ,
1977 . Any aggrieved person feeling that the decision of the Examiner
is based on erroneous procedures, errors of law or fact,, error in
judgment, 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 of the conclusion
of the hearing. 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.
•
THE CITY OF RENTON
a
WO ' Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
oo
C • o,
CHARLES J. DELAURENTI , MAYOR ® PLANNING DEPARTMENT
�o
Gc Q' 235-2550
-TTEp c.plt°
January 24 , 1977
Bruce Helberg
The Production Company •
4232 Jones Avenue N.E.
Renton, Washington 98055
•
REGARDING: APPLICATION FOR; WAIVER--#W-006-77 AND
SHORT PLAT #35-77
Dear Mr. Helberg: . •
Attached for your information is a copy -of the
Planning Department Staff Report regarding the
abovementioned application. If you have any
questions, please contact this department.
Very truly yours ,
•
Gordon Y. Ericksen
Planning_.DirectoA
/
Iichael L. Smith
Associate Planner
MLS:ms
•
•
Attachment
s11/
� 0F R�,�
c.) �i
PUBLIC' WORKS DEPARTMENT
WARREN_ C. GONNASON, P.E. • DIRECTOR
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 • 206 235-2569
OVA
41-
OED SEP1F'��
CHARLES J. DELAURENTI
MAYOR January 28 , 1977
TO : JAMES L . MAGSTADT
Hearing Examiner
FROM: WARREN C. GONNASON
Public Works Director
RE : WAIVER APPLICATION #W-006-77
Bruce Helberg/The Production Company
It is the recommendation of the Public Works
Department that the request for waiver of off-site
improvements be denied. In lieu thereof, we
recommend the approval of an indefinite deferral
of the off-site improvements subject to the signing
and filing of restrictive covenants in which the
owner agrees to participate in an LID for such
improvements at a future date .
a
/
WCG : cah
cc: Planning Department
Building Division
Engineering Division RECEIVED
CITY OF RENTON
HEARING EXAM U.ER
JAN 3 11977
PM
74819110111020 t2;3,4;5,6
111
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��. ' 7 PUBLIC WORKS DEPARTMENT
WARREN C. GONNASON, P.E. • DIRECTOR
bak
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 • 206 235-2569
04p SEPIt�®
CHARLES J. DELAURENTI
MAYOR January 28 , 1977
TO : JAMES L. MAGSTADT
Hearing Examiner
FROM: WARREN C. GONNASON
Public Works Director
RE : WAIVER APPLICATION #W-006-77
Bruce Helberg/The Production Company
It is the recommendation of the Public Works
Department that the request for waiver of off-site
improvements be denied. In lieu thereof, we
recommend the approval of an indefinite deferral
of the off-site improvements subject to the signing
and filing of restrictive covenants in which the
owner agrees to participate in an LID for such
improvements at a future date .
WCG : cah
cc: Planning Department
Building Division
Engineering Division
/Ie/6-c/,
NW ICI IC HI ilk I NIA
RENTON LAND USE HEARING EXAMINER
RENTON, WASHINGTON
A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER
/11 HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON ,
WASHINGTON , ON JANUARY 31 , 1977 , AT 9 : 00 A. M. TO CONSIDER
THE FOLLOWING PETITIONS :
1 . REZONE FROM R-2 TO B- 1 ; file No . R-001-77 ; property
located on Sunset Boulevard between N . E . 12th Street
and Monroe Avenue N . E .
2 . EXCEPTION TO SUBDIVISION ORDINANCE ; file No . E-002-77 ;
property located in the vicinity of 3702 Lake
Washington Boulevard N .
3. WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT
PLAT ; file No . W-003-77 ; property located in the
vicinity of 3702 Lake Washington Boulevard N .
.4 . REZONE FROM S- 1 TO SR- 1 ; file No . R-004-77 ; property •
located at 807 Union Avenue N . E.
4( 5 . WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT
PLAT; file No . W-006-77 ; property located on Jones
Avenue N . E .. and N . E . 44th Street .
Legal descriptions of all applications noted above on
file in the Renton Planning Department .
•
•
•
ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT
111E PUBLIC HEARING ON JANUARY 31 , 1977 AT 9 : 00 A . M . TO
EXPRESS THEIR OPINIONS.
GORDON Y . ERICKSEN
PUBLISHED January 21 , 1977 RENTON PLANNING DIRECTOR
CERTIFICATION
I , MICHAEL L . SMITH HEREBY CERTIFY THAT THREE COPIES
OF THE ABOVE DOCUMENT WERE POSTrH 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 "5nU�.�7,
19 11 SIGNED
KENNETH J. OYLER
CIVIL ENGINEER a LAND SURVEYOR
P.O.Box 2258 • Renton,Wa 98055
255-5050
Dec. 16, 1976
Planning Commission, City of kenton
3e; Proposed Short Plat of B. Heiberg
'T s.; i n this
short of the t� 0 F_SITE
�.,-z the submission of plat, a waiver
1 PROV=d1S", is being renuested.
There a--'e no similar improvements in the immediate area.
ennetn • . J
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DEC 16 1S76
-8
CITY OF RENTON
PLAT APPLICATION
J., )e- - 77 - Ge.. ems
X SHORT PLAT � OF R�/1/� FILE NO. L�•6 7/ ( 'fl .u ></'��t)
MAJOR PLAT (c.:i\' ., if ift Y\ DATE REC 'D / `-&, • 7G
FEE $ 3O .� '
TENTATIVE DEC 16 1916 /
PRELIMINARY .- RECEIPT NO. �C�'�/J��
-.V._4. -
FINAL .. = SM NO. .
V (`��/1 PUD NO .
L
9;.`2,/�r /v_/W1, X/c‘' (7c 7G L ) \�`-.: -E-='�l%� �' S0• � L- tf/c c/6-'J
c
APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 :
1 . Plat Name & Location Lots 2 and 3, Block 2 of Hillman's Lake Washington Garden
of Eden Addition to Seattle, Div. No. 7, Renton, Washington
2 . No. Lots 2 , Total Acreage 3.5 Zoning B-1
3 . Owner The Production Company Phone 255-1777 :
Address 4232 Jones Ave. N.E. , Renton, Washington
4 . Engineer Phone .
Addre s`s
5 . Underground Utilities : Yes No Not Installed
Telephone _X._
Electric X •
Street Lights • _ X_
. Natural Gas _IL_
TV Cable _I
, 6 . Sanitation & Water:
/ X/ City Water - / l Sanitary Sewers •
/-7 Water District No. /7 Dry Sewers
/ X/ Septic Tanks
7 . Vicinity and plat maps as' required by Subdivision Ordinance
: 8 . DATE REFERRED TO :
ENGINEERING //9/77 PARKS
BUILDING 1/V 77 HEALTH
TRAFFIC ENG . l/�B/ry7 STATE HIGHWAY
FIRE 1477 . COUNTY PLANNING
BD. PUBLIC WORKS OTHER
9 . STA 'F ACTION :
✓ SHORT PLAT APPROVED //1/77 DENIED
,T,�E�NTATIVE PLAT APPEALED • EXPIRED
. 0 . AW41® /y N ACTION :
PRELIMINARY PLAT APPROVED DENIED
FINAL PLAT APPEALED EXPIRED
'L1 . CITY COUNCIL ACTION:
PRELIMINARY PLAT APPROVED DENIED
FINAL PLAT APPEALED EXPIRED
I2 . DEFERRED IMPROVEMENTS:
DATE DATE BOND NO. &
TYPE GRANTED EXPIRES AMOUNT
•
I •
Planning Dept .
- Rev. 12/7.1
i — .
AFFIDAVIT
wo
We
f, THE PRODUCTION COMPANY , being duly sworn, declare that g
Ire a 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 7th day of December , 19 76 ,
Notary Public in and for the State of '
Washington, • residing at Medina
THE PRODUCTION COMPANY
Utk. r--- iL CS-v,Le, gUALs
(Name of N tary Plblic) (Signature of Owner)
. Bruce Helberg :
10116 N.E. 8th St. , Bellevue 10112 N.E. 10th St.
Address) (Address) .
Bellevue Washington
(City) . (State)
455-2222
(Telephone)
(FOR OFFICE USE ONLY)
CERTIFICATION
This is to certify that the foregoing.. application has been inspected by me
and has been found to be thorough and complete in every particular and to
conform to the rules and regulations of the Renton Planning Department
governing the filing ch application .
f .
Date Received ,/•� (-} f-I1�L`N •�r� t, 19 By:
1.
:I _ :- ,
f
J
• ' ---- I Renton Planning Dept .
-`!% 2-73
DECLARATION OF RESTRICTIVE COVENANTS.
WHEREAS , THE PRODUCTION COMPANY , ,
9 ,
_ 9 9
is
WX the ownerX of the following real property in the City of Renton ,
County of King , State of Washington , described as Exhibit ' A ' .
attached hereto :
WHEREAS , the owner( s ) of said- described property desire to
impose the following restrictive covenants running with the land as
to use , present and future , of the above described real property .
NOW , THEREFORE , the aforesaid owner( s ) hereby establish , .
g-rrant and impose restrictions and covenants running with 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 owner( s ) of the above described, property , their suc-
cessors , heirs and assigns , hereby agree and covenant to
participate in , sign a petition in support of , and accept .
any future Local Improvement District ( LID) or city initia-
ted proposal , and pay their fair share therefore , for the
purposes of providing the necessary off-site improvements
required by the Renton Subdivision Ordinance . Said improve- '
ments shall include but may not be limited to the installa-
tion of curbs , gutters , sidewalks , street paving , sanitary
sewers , storm sewers , undergrounding of utilities , and
street lighting .
These covenants are imposed. in lieu of Section, 9- 1105 ( 6 )
of Title IX of Ordinance #1628 of t'he City of Renton .
•
I
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 improve-
ments as required by the Ordinances of the City of Renton
shall terminate without necessity of further documentation .
Any violation or breach of these restrictive covenants may be
enforced by proper legal procedures in the Superior Court of King
County by either the City of Renton or any property owners adjoining
subject, property who are adversely affected .by said breach .
•
, THE PRODUCTION.. COMPANY
, By rA),-C-Ce
Bruce Heiberg
•
STATE OF WASHINGTON )
COUNTY OF KING )
On this 7th day of December , 19 76 , before me
personally appeared Bruce Helberg • , '
the person ( s ) who executed the within and foregoing instrument , and
acknowledged said instrument to be the free and voluntary act and •
deed of said person ( s ) 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 .
No ary Public in and or the State
of _ Washington , residing at Medina
� � I
EXHIBIT "A" •
Legal Description:
Lot 2 AND the North 85 feet of Lot 3 in Block 2 of C.D. Hillman 's
Lake Washington Garden of Eden Addition to Seattle, Div. No.7, as
per plat recorded in Volume 16 of Plats, on page 18, records of King
County;
Situate in the City of Renton, County of King, State of Washington.
''/;1
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IIP IIP ,„ , / „ . " /
N II III HI I'III.I II III WIC
•
RENTON LAND USE HEARING EXAMINER
RENTON, WASHINGTON
/1 PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER
AI HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENION ,
WASHI NGTON , ON • JANUARY 31 , 1977 , AT 9 : 00 A. M. TO CONSIDER
1111: FOLLOWING PETITIONS :
1 . REZONE FROM R-2 TO B- 1 ; file No. R-001-77 ; property
located on Sunset Boulevard between N . E . 12th Street
and Monroe Avenue N . E .
•
2 . EXCEPTION TO SUBDIVISION ORDINANCE ; file No . E-002-77 ;
property located in the vicinity of 3702 Lake
Washington Boulevard N .
• • 3. WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT
PLAT; file No . W-003-77 ; property located in the
vicinity of 3702 Lake Washington Boulevard, N .
4 . REZONE FROM S- 1 TO SR- 1 ; file No . R-004-77 ; property •
• • located at 807 Union Avenue N . E.
.( 5 . WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT
PLAT ; file No. W-006-77 ; property located . on Jones
Avenue N. E.. and N . E. 44th Street .
•
Legal descriptions of all applications noted above on
•
file in the Renton Planning Department .
•
All ] N] [RESTED PERSONS TO SAID PETITIONS ARE I NV I FLD 1'O HT PRESCN 1 /11
III( PUBLIC HEARING ON JANUARY 31 , 1977 Al 9 : OO A . M . 10
EXPRESS THEIR OPINIONS .
GORDON Y . ERICKSEN
PUBLISHED January 21 1977 RENTON PLANNING DIRECTOR "
CERTIFICATION
I , __MICHAEL L. SMITH _ , 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 , J
on the t�' day of :��n��,��� _
19 77 DJ SIGNE _
PUBLIC WORKS DEPARTMENT
C.) 2
.BUILDING DIVISION 235-2540
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
/21 O"
D
SEPI
January 11, 1977
CHARLES J. DELAURENTI
MAYOR •
TO: Planning Department
FROM: Jim Hanson
SUBJECT: Helberg Short Plat
Existing buildings should be shown on plan to insure
• proper setbacks-or fire-walls and parking for-each
building.
I .
. .
V57, r
G •
.1111
OF RP
S
c. @% • 4— 2THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
0
n CHARLES J. DELAURENTI1 MAYOR • PLANNING DEPARTMENT
O1'4). SFPItag, 235-2550
January 18 , 1977
Bruce Helberg
The Production Company
4232 Jones Ave . N. E .
Renton , WA 98055
RE : NOTICE OF APPLICATION ACCEPTANCE
AND PUBLIC HEARING DATE FOR
Waiver of Off-site Improvements Application, File No. W-006-77
Gentlemen :
The Renton Planning Department formally accepted the
above mentioned application on_ January 13 , 1977
public hearing before the City of Renton Hearing Examiner
has been set for__ January 31 , 1977
Representatives of the applicant are asked to be pre-
sent . 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 . Ericksen
Planning Director .
•
B y . `t _ •-•;-- -Z<'.
_.---,r_LZ
Associate Planner
wr
IINDING
OF FILE
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035 . 77