HomeMy WebLinkAboutLUA77-099 BEGINNING
OF FILE
FILE TIT
IA T
do • • /
MICROFILMED
4 ► 0 THE CITY OF .RENTO'N E
.Y `� 7.
MUNICIPAL BUILDING 200 MILL AVE. SO: RENTON,1NASH: 98055 ,
p e `4p CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER"
��� JAMES L. MAGSTADT , 235 — 2593
#1 rtO SEP1 - V
January 13, 1978
•
Mr. and Mrs. Dale Oster RE: File No. Short Plat -099-77,
2300 N.E. 28th Street E-103-77, W-104-77
Renton, WA 9'8055
Dear Mr. and Mrs. Oster:
This is to notify you that request for the referenced application. was
withdrawn by the applicant, R. J. Fenton, on January 6, 1978. NOV
further action will be taken on the matter.
S
.1 loots cot
L. Rick Beeler
Hearing Examiner
LRB:mp
cc: City Clerk
£re,,,.
R. J. Fenton
11451 SE 89th Place
Renton, Washington 98055
• January 6, 1978
City of Renton Planning Dept.
Municipal Building
200 Mill Avenue South
Renton, Washington 98055
Attention: Gordon Y. Ericksen
RE: File No. Short Plat 099-77
W-104-77, E-103-77
Gentlemen:
I am withdrawing my request for reference two-lot short plat based
on the decisions and requirements of the land use hearing examiner.
Please forward the enclosed copies to City of Renton personnel as
indicated below.
Sincerely,
/21%
...44.44700•1
enton R. J.
cc: Mayor Charles J. Delaurenti
Councilman George J. Perry
Councilman Richard M. Stredicke
Warren C. Gonnason, Public Work Director
Ron Nelson, Building Division
Larry Warren, City Attorney
•
1L11P1')
s.
RECEIVED V 2
CITY OF RENTON JAN 10 1918
HUAIa1NG EXAMINER
JAN 1 11978 a
AM PM 7".. �►�'
4Ra9t1C1I112111213. 415,Fi DEO''�
• L
O
OF R. A
;�f.=,,.,._ . o THE CITY OF RENTON
,� 8MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
la 0 ' CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER
L. RICK BEELER . 235-2593
44
1.kb SEPIt's-O�
January 3, 1978
Mr. R. J. Fenton RE: File No. Short Plat 099-77
11451 S.E. 89th Place W-104-77, E-103-77
Renton, WA 98055
Dear Mr. Fenton:
This is to confirm our telephone conversation today regarding receipt
of the Examiner's Report and Recommendation on the referenced application
dated December 21, 1977. Since you did not receive the report which was
mailed on December 21, 1977, we are extending the appeal period for
another fourteen days commencing from today. Expiration of the new
appeal period will be on January 17, 1978.
We extend our apologies for the delay and inconvenience.
Sincerely,
.71
Marilyn ,c7 Petersen
Hearing Administrative Assistant
Attachment
cc: Parties of Record
O
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 the21st day of December , 1977 , 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 day of, ( / 1
19 77 .
Notary Public in and for the State
of Washington, residing at Renton
Application, Petition or Case: R. J. Fenton, Short Plat 099-77, W-104-77
E-103-77
(The minuted contain a £ist the panties of necond)
-
•
1
•
December 21, 1977
OFFICE OF THE LAND USE HEARING EXAMINER
CITY OF RENTON
•
REPORT AND RECOMMENDATION.
APPLICANT: R. J. Fenton FILE NO. Short Plat 099-77
W-104-77
E-103-77
LOCATION: Property located near the east end of the approved portion
of N.E. 28th Street on the north side of said street.
SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat
with an exception to allow access to the public street via
a pipestem portion of each proposed lot, together with a
request for the waiver of certain off-site improvement
requirements.
SUMMARY OF ACTION: Planning Department Recommendation: Approval of short plat
and exception subject to conditions; denial of waiver.
Hearing Examiner Decision: Approval of short plat and waiver
subject to conditions; denial of exception.
PLANNING DEPARTMENT The Planning Department staff report was received by the
REPORT: Examiner on December 6, 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 December 13, 1977 at 10:40 a.m. in the Council Chambers of
the Renton Municipal Building.
Parties wishing to testify were sworn.
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.
Michael Smith, Planning Department, reviewed Exhibit #1 and entered the following .
additional exhibits into the record:
Exhibit #2: King County Assessor's Map
Exhibit #3: Short Plat Map
Exhibit #4: Letter from Kenneth J. Oyler, Engineer,
dated November 10, 1977, request for
waiver of off-site improvements.
Mr. Smith reported two revisions in Exhibit #1. In Item 0.1, Lot B is designated as
5.9 acres in size which Mr. Smith corrected to 4.7 acres. Also in Item P.2 approval
by the Building Division was added to provide approval of proposed building locations
prior to commencing clearing or grading on the site.
The Examiner asked the applicant if he concurred in Exhibit #1. Responding was:
R. J. Fenton
11451 S.E. 189th Place
Renton, WA 98055
Mr. Fenton indicated noncurrence with certain items in the report. He reported that his
purpose, in requesting the short plat was to exclude the hillside area from the mortgage
at the time of loan application. He objected to requirements in Item P.1 for provision
of a fire hydrant because of the existence of a hydrant directly across the street from
the pipestem lot and entered a photograph of, the facility which was labeled Exhibit #5.
Regarding requirements of the Utilities Division and Fire Department for an 8-inch water
main across the full frontage of the subject site, Mr. Fenton asked for clarification
from the Planning Department. Mr. Smith indicated that although the recommendation was
unclear, he felt that from a realistic standpoint the water main would be required only
along the frontage of the pipestem lot. Mr. Fenton agreed that a water main would not
111
Short Plat 099-77 Page Two
W-104-77
E-103-77
be feasible on Lot B because the property would be unusable until the May Creek sewer
is installed. He also reported that at the time of purchase of the property in August,
1977, an agreement for temporary water service existed between the previous owner and
the city water department for the entire site, and since he desired to retain the property
in two separate parcels, he had asked for cancellation of the permit which had not occurred
to date. He submitted a title insurance policy which was labeled Exhibit #6 and the
application for septic tank, labeled Exhibit #7.
Regarding the request for waiver of off-site improvements, the applicant reported that
because ditches or culverts are not provided along N.E. 28th Street under driveways the
installation of curbs, gutters and sidewalks would create a problem for drainage and
water runoff. He submitted a photograph depicting existing water runoff problems on
N.E. 28th Street, which was labeled Exhibit #8. Mr. Fenton advised that off-site
improvements had not been required in construction of other new homes in the area and
objected to the recommendation imposed in his application.
The Examiner asked for testimony in support of the application. There was no response.
The Examiner asked for testimony in opposition to the application. Responding was:
Dale Oster
2300 N.E. 28th Street
Renton, WA 98055
Mr. Oster indicated his opposition to the request and inquired about the provision of
water service to Lot A. The Examiner advised that the recommendation required the lines
to be installed from N.E. 27th Street to N.E. 28th Street and extended to the pipestem
area in the southern part of Lot A at the expense of the applicant. Mr. Oster inquired
about city restrictions on installation of septic tanks in the subject area and noted
that new homes on the south side of N.E. 28th Street have connected to a sewer line
from N.E. 27th Street. Mr. Smith indicated that the subject homes were part of a plat
which retained a sewer easement to N.E. 27th Street and that no moratorium currently
existed on installation of septic tanks. The Examiner advised that approval by King
County would be required for such installation on the subject property.
In response to Mr. Oster's concern regarding the condition of the roadway and the
proposed driveway, the Examiner advised that the ordinance required a minimum 10-foot
paved driveway. Mr. Oster inquired about placement of the proposed structure, and the
applicant reported plans to construct a home on the rear half of Lot A directly east
and 20 feet from Mr. Oster's property line. Mr. Oster expressed concern regarding the
proximity of the proposed home to the existing cliff on the property because of previous
erosion due to removal of trees. The Examiner advised that the building location would
be approved by the Planning and Building Departments which may require soils studies.
The Examiner asked for further testimony in opposition to the request. Responding was:
Rebecca Oster
2300 N.E. 28th Street
Renton, WA 98055
Mrs. Oster reported low water pressure in the area and inquired about provision of
water lines. The Examiner reiterated Utility Division recommendations for installation
of an 8-inch water line to the property.
The Examiner asked the applicant for final comments. Mr. Fenton advised that three
homes owned by the King County Parks Department on the north side of the property were
presently served by a 3-inch Renton Water District water line running through the subject
property although no easement had been deeded for that purpose by the property owner.
He also indicated that both King County and the Renton Water .District had been contacted
regarding this situation. It was agreed that the Examiner and the Planning Department
would research the matter.
Mr. Fenton objected to a requirement to blacktop the driveway and indicated preference
for a gravel surface to properly design the driveway to facilitate retention of existing
trees on the site. The Examiner advised that any variance from the requirements of the
Subdivision Ordinance: for driveway surface would be under the jurisdiction of the Board
of Adjustment. Mr. Smith noted that the surfacing was required to eliminate mud and
noise and felt the requirement was appropriate.
In response to the Examiner's inquiry regarding the relationship of the terrain on Lot B
to N.E. 28th Street, Mr. Fenton indicated that when N.E. 28th Street is extended access
was possible to the existing three terraces on Lot B, but because of previous erosion,
soils would be required to be tested prior to construction.
Short Plat 099-77 Page Three
W-104-77
E-103-77
The Examiner asked Mr. Fenton if problems with existing septic tanks in the area had
occurred. Mr. Fenton indicated that no problems had occurred. In response to the
Examiner's inquiries regarding proposals for restrictive covenants and survey of the
property, Mr. Fenton indicated that covenants were not proposed and a survey has not yet
been made. In response to other inquiries by the Examiner, Mr. Fenton reported that he
was amenable to participation in an LID for future off-site improvements on N.E. 28th
Street and that a permit for a septic tank would not be acquired until application for
a building permit is made.
In response to the Examiner's inquiry regarding revision to the Planning Department
recommendation if N.E. 28th Street were extended, Mr. Smith indicated that according
to strict interpretation of the ordinance, Lot B would have proper frontage on a public
right-of-way without a pipestem lot which would not create as much effect on the future
of the area. He noted that because of existing plateaus on Lot B it was questionable
whether the area could be developed beyond the existing hillside with removal of
vegetation creating additional erosion and problems in the May Creek area. The
Examiner asked Mr. Smith if the Utilities Division and the Fire Department may not have
been aware of the existing fire hydrant adjacent to the subject property. Mr. Smith
indicated that the possibility exists since the hydrant seems proximate to the site.
He noted that negative visual effects of an existing home in the area being built with
used lumber should be reviewed by the Building Division because of its detrimental
appearance in the neighborhood.
Regarding the subject of driveway paving, Mr. Smith felt that a possibility exists to
provide only one driveway to Lot A and noted that the Examiner has the authority to
amend that requirement of the ordinance. He referred to Item 0.4 which reviews the
possibility of applying for open space taxation relief for Lot B because of the physical
unsuitability for building purposes on the site. He also indicated a recommendation for
restrictive covenants on the development of Lot B to resolve extreme environmental
problems and to impose requirements for sewers prior to development according to
Section 9-1108.19. Mr. Fenton indicated his objection to requirements for restrictive
covenants and noted that if application for a short plat had not been made covenants
would not be required. Mr. Smith also recommended elimination of the pipestem
configuration because of the existence of sufficient frontage on a public street on
Lot B. Mr. Fenton questioned the effect of the revised recommendation for elimination
of a pipestem lot on the acreage requirement for application for open space taxation,
and Mr. Smith indicated that Lot B would be required to be measured to analyze the
eligibility of the property for the tax relief. Discussion then ensued between the
Examiner and Mr. Smith regarding possible revisions to the lot configuration, proposed
access and easements on the site. Mr. Fenton reiterated his request for elimination
of the requirement for blacktop surface on the driveway and felt that it would not
contribute to the appearance of the property.
The Examiner asked for further comments. Since there were none, the hearing on
Item #Short Plat 099-77, W-104-77 and E-103-77 was closed by the Examiner at 11:35 a.m.
FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the
Examiner now makes and enters the following:
FINDINGS:
1. The request is for approval of a two-lot short plat, waiver of off-site improvements
and exception to the Subdivision Ordinance.
2. The Planning Department report accurately 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, as amended by R.C.W. 43.21.C. , the proposal was determined by
Gordon Y. Ericksen, responsible official, to be exempt from the threshold
determination and E.I.S. process.
4. Plans for the proposal have been reviewed by all city departments affected by the
impact of this development.
5. All existing utilities are available and in close proximity.
6. The proposal is compatible with the required lot area requirements of Section 4-706
and 4-729 of Title IV, Ordinance No. 1628, Code of General Ordinances.
4111,
Short Plat 099-77 Page Four
W-104-77
E-103-77
7. Restrictive covenants were not proposed. (Section 9-1105.3.B)
8. A survey has not been made of the property per Section 9-1106.3.H. (3) .
9. Off-site improvements have not been deferred per Section 9-1108.21.
10. A septic tank is proposed for Lot A. On January 29, 1976, a septic tank permit
(Exhibit #7) was approved by the King County Department of Public Health. The
property was purchased by the applicant in 1977, and a new permit application has
not been submitted to that department. (Section 9-1106.3.H. (4) .
11. Ownership has been documented in a copy of the title insurance policy, Exhibit #6,
(Section 9-1106.3.H. (6) ) .
12. No dedication of land is to occur (Section 9-1105.3.D and E) .
13. Access to the two lots is by two. 30-foot pipestems of 120 feet in length. Lot A
has no other access possibility to N.E. 28th Street. Lot B, on the other hand,
abuts the N.E. 28th Street right-of-way east of the end of the existing street
pavement. The applicant testified that this alternative access is feasible
depending upon extension of N.E. 28th Street.
14. Section 4-706. (5) . (c) requires a minimum lot width of 50 feet.
15. N.E. 28th Street is a half-street with minimal improvements. The Engineering
Design Division is able to establish the grade for improvement of the street.
16. A fire hydrant, sewer line and 8-inch water line are located south and across
N.E. 28th Street from the property. The connection to the recommended sewer line
and 8-inch water line requires construction under the street and possibly an
easement over private property.
17. Lot.B is predominantly a steep slope, but it contains three plateaus which may
support single family residences. However, any development on this parcel would
require severe restrictions which may render development infeasible.
18. The applicant expressed concern about an alleged "illegal" water line running
across the property. The matter was referred to the Utilities Division of the
Public Works Department (see attached memorandum) , and it was revealed that the
water service was temporarily granted by the previous property owner to serve
another property.
19. A minimum of 5 acres is required for a current use taxation application. Lot B
is approximately 4.7 acres.
CONCLUSIONS:
1. The proposal conforms to the Comprehensive Plan, except that Lot B lies within the
greenbelt designation of the Comprehensive Plan Land Use Map. Development at this
time is proposed for Lot A, but the physical constraints of Lot B may preclude its
development. All indications are that the map designation of greenbelt is appropriate
for Lot B.
2. Lot A contains approximately 37,026 square feet. One dwelling unit is proposed for
this lot although approximately 4 units could be constructed on the lot if
subdivided according to the 7200 square foot lot area of the G-7200 zoning district
and using the pipestem area (60 feet) for a public street (50-foot minimum required) .
It appears that the applicant's proposed Lot A is in keeping with the character
of the immediate. neighborhood north of N.E. 28th Street. Most lots west of the
site are lots considerably larger than 7200 square feet.
3. Alternatives exist to the pipestem configuration. The pipestem area (60 feet wide)
meets the minimum lot width (50 feet) requirement of G-7200 and 60-foot width of
Section 9-1108.23.F. (c) . If Lot A were to include all- of the pipestem area, a
pipestem would by definition not exist. Access from the 60-foot pipestem area
would be for only one lot and access for additional lots would be through Lot B.
This seems to conform to the intent of the applicant, which is development of
Lot A with consideration of Lot B at some future date.
Or the pipestem area could be dedicated as public right-of-way for a cul-de-sac
for access to Lots A, B, and any other lots that might be created in the future.
The required right-of-way of 50 feet can be accommodated in the 60-foot pipestem
,111
Short Plat 099-77 Page Five
W-104-77
E-103-77
area. To avoid impacting setbacks of adjacent residences the right-of-way can
be manipulated' within the 60-foot pipestem area.
4. Relative to the requested exception to allow for pipestem lots, sufficient
flexibility exists in the property configuration to avoid the exception without
creating ". . .undue hardship. . ." (Section 9-1109.1) upon the applicant. More than
adequate lot area exists and the pipestem area could accommodate a public street
while providing enough area in Lot B to qualify for current use taxation. It
was not asserted that without the exception the application would be deprived of
the ". . .reasonable use or development. . ." (Section 9-1109.1.A) of the property,
• either Parcel A Or Parcel B. In fact, such deprivation does not exist in this
instances. The. applicant did not contest that the exception was "necessary to
insure such property the rights and privileges enjoyed. . ." (Section 9-1109.1.B)
by adjacent or similar properties. No rights or privileges would be deprived
without the exception.'
It is evident that the exception would ". . .not be detrimental to the public
welfare or injurious, to other property. . ." (Section 9-1109.1.C) either adjacent
or in the vicinity. However, this would not alone constitute sufficient basis
for approval of the exception, since the purpose, per Section 9-1109.1, is to
address situations which may cause hardship to the applicant through strict
application of the subdivision ordinance. The applicant can without ". . .undue
hardship. . . " comply with the lot area, lot frontage and access requirements of
the ordinance.
•
For these reasons, the requested exception should be denied in lieu of pursuing
other configurations of the short plat which would 'meet the requirements of the
subdivision ordinance without unusual restrictions upon future subdivisions of
the property.
5. Section 9-1108.23.F. (2) requires that lots front a public street of 50 feet per
Section 9-1108.23.A. (5) . N.E. 28th Street does not meet this requirement: A
50-foot roadway within the pipestem area would satisfy. this requirement and
possibly preclude improvement of N.E. 28th Street by the applicant. The applicant
appeared to disfavor the street as opposed to a private driveway within the
p'iPestem area.
6. The applicant proposes a low density development in a high density single" family
zone. In view of the physical constraints of the site this approach is appropriate.
However; undue expense incurred in development may necessitate dividing the property
into more lots. For this reason, the waiver, of off-site improvements was
apparently made.
•
7. Off-site improvements required are street paving, curbs, gutters, sidewalks,
sewer, water, storm sewers, and other utilities in N.E. 28th Street. Except for
electricity and possibly gas, these improvements are either lacking or do not
meet city standards. N.E. 24th Street is only a 30-foot right-of-way. Most, if
not all, properties north .of the street in the immediate area use septic tanks
and nonconforming water lines. A fire hydrant is located immediately south of
the site.
If the applicant can secure an easement across the private property immediately
south of the site, connection can be made. to conforming existing sewer and water
lines. This is ". . .within a reasonable distance... ." (Section 9-1105.6.B) from
the site. However, if the King .County Department .of Public Health approves a
septic tank for the site, connection to the aforementioned sewer line is not
necessary. Any water lines serving. the property would be required to connect to
an 8=inch line across the pipestem area which would connect to the aforementioned •
water line across the street.
The, property has a' total of 450 feet .of frontage on N.E:. 28th Street of which only
60 feet fronts on the improved (paved) portion of the street. The existing right-
of-way for the street was dedicated from' the applicant's and others' properties
north of the street. In view of the inadequate street width it seems that final
design of street improvements would require the full street ,right-of-way.. Otherwise
the applicant might be required to place curbs within the existing pavement, thereby
potentially preventing the existing two-way traffic: Since the applicant expressed
agreement to participating in an LID, a covenant to this effect appears a reasonable
and appropriate solution pending dedication of the complete right-of-way.
7 w
Short Plat 099-77 Page Six
W-104-77
E-103-77
DECISION:
Based upon the record, testimony, findings and conclusions it is the Examiner's
decision to approve the short plat application for two lots subject to:
1. Redesign of the short plat, Exhibit #3, to preclude the need for pipestem lots
per Conclusions No. 3 and 5. The Planning and Public Works Departments are to
approve the final design of the short plat for conformance with this condition.
2. Installation of an 8-inch water line and adequate sewer line (if a septic tank
for Lot A is not approved by the King County Department of Public Health) along
the 60-foot frontage of N.E. 28th Street and connecting to the existing 8-inch
line on the south side of N.E. 28th Street; provided the necessary utility
easements can be fairly and reasonably acquired. The Public Works Department
is to assist the applicant in complying with this condition and approve the final
design and construction.
3. Resolution by the applicant of the existing 3-inch water line running across his
property.
4. All clearing and/or grading of the property is to occur only following approval
of and according to requirements of the Planning Department.
5. Lot B is to be developed only after complete access, utility, and storm drainage
requirements per city ordinances are not from N.E. 28th Street as approved by
Planning and Public Works Departments.
6. Approval by the King County Department of Public Health of a septic tank for
Lot A. Final approval of the septic tank by the Public Works Department. In
the event that a septic tank is not approved, a sanitary sewer line is to be
installed in the same manner as specified in Condition No. 2.
7. Approval of the storm drainage plan by the Public Works Department.
8. Compliance with all other requirements of applicable city ordinances.
Furthermore, it is the decision of the Examiner to waive off-site improvements, except
as specified in the aforementioned conditions, subject to the applicant executing
restrictive covenants stating agreement to participation on an equitable and fair
share basis in an LID for installation of these off-site improvements.
In addition, it is the Examiner's decision to disapprove the exception in lieu of the
aforementioned Condition No. 1.
ORDERED THIS 21st day of December, 1977.
L. Rick B eler
Land Use Hearing Examiner
TRANSMITTED THIS 21st day of December, 1977 by Affidavit of Mailing to
the parties of record:
R. J. Fenton, 11451 S.E. 189th Place, Renton, WA 98055
Rebecca Oster, 2300 N.E. 28th Street, Renton, WA 98055
Dale Oster, 2300 N.E. 28th Street, Renton, WA 98055
TRANSMITTED THIS 21st day of December, 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
Ron Nelson, Building Division
Larry Warren, City Attorney
4011
Short Plat 099-77 Page Seven
W-104-77
E-103-77
Pursuant to Title IV, Section 3015 of the City's code, request for reconsideration must
be filed in writing on or before January 4, 1977. Any aggrieved person feeling that the
decision of the Examiner is based on erroneous procedure, 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 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 City Clerk's office, first floor of City Hall, or same may be purchased at cost in
said office.
r ^ - •
.. •
OF R 4 � `,- 0 THE CITY OF RENTON
V CO '",- Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 98055
0
'
.1 CHARLES J. DELAURENTI,MAYOR • LAND USE HEARING EXAMINER
Qv
AD'f' % L. RICK BEELER . 235-2593
'TED SEP1�� December 15, 1977
MEMORANDUM
TO: Utilities Division
FROM: L. Rick Beeler, Hearing Examiner
SUBJECT: Property directly north of 2308 N.E. 28th Street;
File No. Short Plat 099-77, R. J. Fenton
At a public' hearing on December 13, 1977 regarding a short plat for this
property, the applicant asserted that the city knowingly has a 3-inch
water line across his property without a legally consummated easement.
The applicant stated that his opposition to this water line has received
no response from the city. Evidently the line serves properties to the
north owned by King County.
This matter is not normally within my area of concern; however, in this
instance it is relevant to the short plat application. Therefore, I
need to ask for answers to these questions:
1. Does in fact this water line exist?
2. Does in fact the applicant have rights to use the water line to serve
a single dwelling unit?
3. Does in fact a legally consummated utility easement exist for the
water line?
4. Do any problems or objections exist in the applicant hooking up to
the water line to serve a single dwelling unit?
Since the public hearing has been closed, I will need answers in writing
to these questions by December 22, 1977 in order to incorporate them into
the decision due December 27, 1977.
Thank you.
( Ci " �. �- - --------
L. Rick Beeler
cc: Gordon Y. Ericksen, Planning Director
INTEROFFICE CORRESPONDENCE
Date December 21, 1977
TO: L. RICK BEELER, HEARING EXAMINER
FROM: RON OLSEN, UTILITIES DIVISION
SUBJECT: PROPERTY DIRECTLY NORTH OF 2308 NE 28th St.
File No. Short Plat 099-77 R. J. Fenton
The City does not have a 3" water line running North through the aforemen-
tioned property. .I think what the gentleman is referring to is a private water
service to a residence in May Creek, address of 2405 N. 31st St. A few years
ago a gentleman was granted a temporary water service and a meter was set in
the Right-of-Way of NE 28th St. He stated that he had made arrangements with
the owner at that time allowing him to run his temporary service across this
property.
The applicant does not have the right to connect into this temporary service.
Water service is available in NE 28th St. for the proposed subdivision upon
signing a temporary service agreement for said property.
If you have any other questions, please contact this office.
( ,)crX.../
P
RLO:pmp
RECEIVED
CCTV OF RENTON
HEARINCi 6-ti�ti!Ul1NER
O'='' 211971
AM PM
7 8,9,i4,17i'':.11`2,3►4'5.6
111
INTEROFFICE CORRESPONDENCE
Date December 21, 1977
TO: L. RICK BEELER, HEARING EXAMINER
FROM: RON OLSEN, UTILITIES DIVISION
SUBJECT: PROPERTY DIRECTLY NORTH OF 2308 NE 28th St.
File No. Short Plat 099-77 R. J. Fenton
The City does not have a 3" water line running North through the aforemen-
tioned property. I think what the gentleman is referring to is a private water
service to a residence in May Creek, address of 2405 N. 31st St. A few years
ago a gentleman was granted a temporary water service and a meter was set in
the Right-of-Way of NE 28th St. He stated that he had made arrangements with
the owner at that time allowing him to run his temporary service across this
property.
The applicant does not have the right to connect into this temporary service.
Water service is available in NE 28th St. for the proposed subdivision upon
signing a temporary service agreement for said property.
If you have any other questions, please contact this office.
(75?)‹./
RLO:pmp
RECEIVED
CITY OF RENTON
HEARING EXAMINER
OF_C 211971
AM PM
9
•
40 Rv
0 THE CITY OF RENTON
V �� „{ Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
p t 4Ty4: ' CHARLES J. DELAURENTI ,MAYOR • LAND USE HEARING EXAMINER
co-
L. RICK BEELER . 235—2593
0,Q4Tf0
SEPli"° December 15, 1977
MEMORANDUM
TO: Utilities Division
FROM: L. Rick Beeler, Hearing Examiner
SUBJECT: Property directly north of 2308 N.E. 28th Street;
File No. Short Plat 099-77, R. J. Fenton
At a public. hearing on December 13, 1977 regarding a short plat for this
property, the applicant asserted that the city knowingly has a 3-inch
water line across his property without a legally consummated easement.
The applicant stated that his opposition to this water line has received
no response from the city. Evidently the line serves properties to the
north owned by King County.
This matter is not normally within my area of concern; however, in this
instance it is relevant to the short plat application. Therefore, I
need to ask for answers to these questions:
1. Does in fact this water line exist?
•
2. Does in fact the applicant have rights to use the water line to serve
a single dwelling unit? •
3. Does in fact a legally consummated utility easement exist for the
water line?
4. Do any problems or objections exist in the applicant hooking up to
the water line to serve a single dwelling unit?
Since the public hearing has been closed, I will need answers in writing
to these questions by December 22, 1977 in order to incorporate them into
the decision due December 27, 1977.
Thank you.
L. Rick Beeler
cc: Gordon Y. Ericksen, Planning Director
WASHINGTON LAND TITLE ASSOCIATION FORM NO. W&AK./ODU \ I
AND ALASKA STANDARD FC
e
a, IF 4P ,1 • 1
f
., Dzzaac 1 by ,
•
i \
Transamerica Title Onsurance Company
\ I•
hereinafter called the Company, a California corporation, for valuable consideration, and j
subject to the conditions and stipulations of this policy, does hereby insure the person or
- persons named in item 1 of Schedule A, together with the persons and corporations in- -
cluded in the definition of "the insured" as set forth in the conditions and stipulations, against 1
loss or damage sustained by reason of:
1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being
vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or •
I i
1 2. Any defect in, or lien or encumbrance on, said title existing at the date here-
of, not shown in Schedule B; or
i
3. Any defect in the execution of any instrument shown in item 3 of Schedule A, •
or priority, at the date hereof, over any such instrument, of any lien or encum- H
f
brance not shown in Schedule B; i
provided, however, the Company shall not be liable for any loss, damage or expense re- a
sulting from the refusal of any person to enter into, or perform, any contract respecting r
the estate, lien or interest insured.
The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred 1
by the Company as an incident to defense or settlement of claims hereunder.
I
;
In witness whereof, THE COMPANY has caused this policy to be authenticated by I
the facsimile signature of its President, and its Secretary.
1., RECEIVED Transamerica Title Insurance Company
CITY OF RENTON .
i HEARING EXAMINER
DF�' 131977 By 1 ,., ,o
AM PM President
7e8t9�tUttiltl2tle213.4e f6
ti By
Secretary , 1
EXHIBIT NO. . e
i
-I .
ITEM Na , . a o F 7
iir �- /e V" 7�/ C—=/O -77 I
1
ALASKA AND WLTA POLICY Form No.W&AK 4000-1 (1PT)
SCHEDULE A
No. 426195 Amount 0 10 , 000 . 00
Date September 27 , 1977 at 8 : 30 A.M. Premium ,S 81 . 50
1. Insured
R. J. FENTON and BILLIE C . FENTON, his wife
2. Title to the estate, lien or interest insured by this policy is vested in
The Named Insured
3. Estate, lien or interest insured
Fee Simple Estate
4. Description of the real estate with respect to which this policy is issued
See Attached Hereto .
sj
•
o -
July 11, 1977 Order No. 426195
DESCRIPTION
l•,
PARCEL "A"
Lot 369 of C. D. Hillman' s Lake Washington Garden of Eden Division
No. 6 , as per plat recorded in Volume 11 of Plats , on page 84 ,
records of King County, Washington,
EXCEPT the South 120 feet of the West 50 feet,
AND EXCEPT beginning on the South line 390 feet West of the East line
of Section 32, Township 24 North, Range 5 East, W. M. ;
thence West 80 feet;
thence North 120 feet;
thence East 64 . 59 feet;
thence South 38°09 ' 49" East 24 . 47 feet;
thence South 100. 88 feet to beginning;
EXCEPT beginning Southwest corner in Section 33, Township 24 North,
Range 5 East, W. M. ;
- thence East along the South line thereof 411 . 31 feet to the Southwesterly
line of County Road;
thence North 34°11 ' 57" West 353. 82 feet along the Easterly line of
Lot 369 ;
thence South 39°08 ' 55" West 355 . 56 feet along the Southeasterly line
of trans line easement to the West line of said section;
thence South 0l°08 ' 23" West 19 . 92 feet to beginning;
EXCEPT portion of said lot in the Southwest corner of Section 33 , Township
24 North, Range 5 East, W. M. , lying Northerly of C of S transline
easement;
EXCEPT all coal and minerals and the right to explore for and mine the
same.
PARCEL "B"
The East 40 feet of Lot 362 of C. D. Hillman ' s Lake Washington Garden
of Eden Division No. 6 , as per plat recorded in Volume 11 -of Plats ,
on page 84 , records of King County, Washington;
EXCEPT the South 120 feet;
AND EXCEPT all coal and minerals and the right to explore for and mine
the same.
ALL situate in the County of King, State of Washington.
111, •
=r }t�G't"t3`t3ic Form No.W 4000-2 (1PT)
SCHEDULE B
•
Defects, liens, encumbrances and other matters against which the company does not insure:
GENERAL EXCEPTIONS
1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private
easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a
Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public
records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records;
water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or
garbage removal.
2. Exceptions and reservations in United States Patents: right of use, control or regulation by the United States of America
in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use
enjoyment or occupancy; any prohibition or limitation on the use, occupancy or improvement of the land resulting from
the rights of the public or riparian owners to use any waters which may cover the land; defects, liens, encumbrances, or
other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed
by the public records but of which rights, claims, instruments or facts the insured has knowledge.
3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same be-
coming a lien.
4. "Consumer credit protection," "truth-in-lending," or similar law, or the failure to comply with said law or laws.
Special exceptions
•
EASEMENT, AND THE TERMS & CONDITIONS THEREOF: -
Grantee : City of Seattle, a municipal corporation;
Purpose : Transmission line;
Area Affected: The description contained therein is not
sufficient to determine its exact location
within the property herein described;
Auditor' s File No : 2490115
(Affects portion of Parcel A)
Z . : EASEMENT, AND THE TERMS & CONDITIONS THEREOF:
Grantee : Puget Sound Power and Light Co. , a -
• Massachusetts corporation;
Purpose: Transmission and distribution line;
Area Affected: Along pole line as located and staked;
Auditor' s File No : 4329039
(Affects Parcel A) --
3 . UNDERGROUND UTILITY EASEMENT, AND THE TERMS AND CONDITIONS THEREOF:
Grantee : The Pacific Telephone and Telegraph Company,
a corporation;
Purpose: Underground communication circuits;
Area Affected: The Westerly ten (10) feet of that portion
of Tract 369 ;
Auditor' s File No: 5253884
Contains covenant prohibiting structures over said easement or other
activity which might endanger the underground system.
(Affects Parcel A)
0
,.eve-.�+'!--�'*''*m��3a"'P�:S.��"'-.�:*�"`r�•a�""`..�•�:°��^�``�''�`^"-�' ?r?�' .ca�.
m•�s.�•,:cam'"°.."_- -
4. , EASEMENT, AND THE TERMS AND CONDITIONS THEREOF :
Grantee :_ City of Renton, a municipal corporation of
•
the State of Washington;
"Purpose: • Sewage pipe lines ;.
Area Affected: 10 feet in width over a portion of Tract
• 369 ;
Auditor' s File No: 5947086
(Affects Parcel A)
5 . AGREEMENT FOR TEMPORARY WATER SERVICE PERMIT AND THE TERMS AND CONDITIONS
THEREOF:
Between: James R. Peterson;
' And: Renton Water Department;
Dated:
January 21 , 1976
Recorded: March 25 , 1976
Recording No: 7603250653
Owner agrees , in consideration s orary ter service permit,
not to protest permanent water main construction to servesaidproperty ,
or any assessment therefor.
•
•
•
! . •
F
S
•
is
II)
4111
»;a: : ::,`;--=-. i:,::;, f 0WitE0WMtat'S b 11 1TCO AL PROTECT!•El EIMDOL3SERRENI`6
Attached to Policy No.
Issued By
TriansamorricaToMn Insairlancs lumptiny
This Indorsement shall be effective only if at Date of policy there is located on the land described in said
Policy one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For
the purpose of this Indorsement the term "residential structure" is defined as including the principal dwell-
ing structure located on said land and all improvements thereon related to residential use of the property,
except plantings of any nature and except perimeter fences and perimeter walls.
The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss
which the Insured Owner shall sustain by reason of:
a. the existence at Date of Policy of any of the following matters:
(1) lack of a right of access from said land to a public street;
(2) any taxes or assessments (excluding utility connection and service charges) levied by a public
authority against the estate or interest insured which constitute liens thereon and are not
shown as exceptions in Schedule B of said Policy;
(3) any unrecorded statutory liens for labor or material attaching to said estate or interest arising
out of any work of improvement on said land in progress or completed at Date of Polidy, except a
work of improvement for which said Insured Owner has agreed to be responsible;
b. the enforced removal of said residential structure or interference with the use thereof for ordinary
residential purposes based upon the existence at Date of Policy of:
(1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto
any easement shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface
easement;
(2) any violation of any enforceable covenants, conditions or restrictions affecting said land and
shown in Schedule B;
zoning ordnanes, but
s
does
insure compliance
(3) any with, nor tisnitfin any way econ concerned with,cbuildiingtcodes orr other tnot exerciseof governmental police
power;
c. damage to said residential structure resulting from the exercise of any right to use the surface
of said land for the extraction or development of minerals, if minerals are excepted from the
description of said land or shown as an exception or reservation in Schedule B.
The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed,
in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and
stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the
effective date of said Policy.
This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations
therein, except as modified by the provisions hereof.
Tiransamenna liM4c9 Ilisutfannen n® 1pany
1 y-;,,, insp.
- _
v.,.,,,,, ,9„,c0P0 A TJ- rci,
' _
4 By e, �,.( ` President
fi CP-i 41 4 Y. 2 3, VINCI'
r
IP t
w r •
'i T:.`•r"Nip w-.rn»��`+."t.^.�."-v`,�'L:.'
�;�7• '�x�^qg�aq�y,�pi:.�k,�i`-rv�r:si,rio-w;..anw+ut�f.
,:-ae vv n
Attached to Policy 4L9o.
Ossued By
liransamerica Title [Insurance BenvanJ
The Company, recognizing the current effect of inflation on real property valuation and intending to provide
additional monetary protection to the Insured Owner named in the Policy to which this Indorsement is attached,
hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by
said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the
manner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January
1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to
which this Indorsement is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore
under the terms of this Indorsement) by the same percentage, if any, by which the United States Depart-
ment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immedi-
ately preceding exceeds such Index for the month of September one year earlier; provided, however, that
the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in
Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms
of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual
adjustment in the amount of insurance for years in which there is no increase in said Contruption Cost
Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force
• shall be deemed to be the amount which is in force as of the date on which the insured claimant first
learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Com-
pany of the first notice of such claim, whichever shall first occur.
PROVIDED, HOWEVER, this indorsement shall be effective only if one of the following conditions exists at
Date of Policy:
a. The land described in this Policy is a parcel on which there is only a one-to-four family residential
structure, including all improvements on the land related to residential use, in which the Insured Owner
resides or intends to reside; or
b. The land consists of a residential condominium unit, together with the common elements appurtenant
thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside.
Nothing herein contained shall be construed as extending or changing the effective date of said Policy.
This Indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations
therein, except as modified by the provisions hereof.
TR
•
. k lit S I/ r
°‘, �` �a vq
A Co A A
•
By £� : President
gjJ
it 74
NOTE: In connection with any renewal policy subsequently issued on said land, the renewal rate (if applicable at
all) will be allowed based only upon the original face amount of insurance as stated in Schedule A of said Policy.
. , .
" e IP
t
• : . . .
' ,''' ''' '''Y''' '' '''''''''''‘''''"''.''''''%I.-4.:4;:;. ;;':;f,-:: :^:,- -74 :7:Pi..'7';•L'*:•.':.'''"...17_'' '..'7,:;.,;'1-Z:'?.•
Si....;r.-f'14.,'=:-r, .1]=E.'4'- ',,i+7:8.6'trj.;.f.;;x4i...:,.;;.•.....-ws,---.xr.T.L.r-...' 'r'-..S-.W.:>.,.:...',..::,.'-,4:trrri.ir4, i,....,;'-....:-,n—— --.7:7-,-...V7-.77:-.'.7.7',7`,.,_—„....—....-., ...r.--..,,, „...,.,. .•.,, ` -'• , '- ' c'
---) ti ...--• .
Drawn by Checked Date Plat Vol.// PG.'1")-IA Order No.
..!.
SKETCH OF PROPERTY SE OUT IN ATTACHED ORDER
. ,.,
il
•
To assist in locating the p 1:
remises. It i not based on a survey', and the company
assumes no liability for variations if any, in dimensions and location.
kP .
368 _
, 1 • .i „
I —
/
C
1 ,oc ^
L N.\\ • I.- eJ
_ o
g-3ot-no-•\ R Y. ( ABANDONED) I
9 ..,
,r, T
_ _.
- ,
,. ,,,,,,,,,•__ ___ . _ ,,,,,_. ._________..___ _I
______ i
,..—
't •
( i-i / T_S c'PC9 /8-3-3- .--C' rY
r----.-L I -- - --,-, EE.)- — ------ --- --
oft0 ' /82-8, )
/FIFA/7-0 AI a I ry ,4 t 7-5
• ,-(=
1 1
7 PEN 7
.ZZL---
i .
,
,
(40..,_--) 11
; 3 6 9 .
// ---,.
C6\
1 .
i
1 .
6,4.5, -,N
50
/ ,.-;). I :4 I
,.._
1 1 I
ni.-1-- .. ...----T-T ••••. ':
/
...
'• , k 0,-, 0 i /• ,
C7C3C19 k, 0 <(/ i
000-5 • / A ./ '-' t /
-- N .,
z, \. /o_
i_si __ ,..., _.--,_........,____________ ---=.-D- 7— ... N--- --,E----4----•<-/,
- 1 .
TH S T.
—.•-•''''' I 3 23. 10 ------ '7-----4----
.,,..... . . •
1, 0 ,/ .:::.4 / •
. L •.
H RECEIV to .
OF RENTON t•XHIBIT . NO. .
' HEARING EXAMINER -. -WE- UNG I:DUNTY DEPARTMENT OF Pu HEALTH
DEC 1 P DIVISION OF ENVIRONMENTAL HEALTH SER1I�GEM N®.
R� ROOM 904, PUBLIC SAFETY BUILDING
rVA -/03- 77
?,8,9,1Q111,12,1,2r314,54TE APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM CO_/p 51 77
(Submit inQuadruplicate)
(This accompanies the building permit application and is prerequisite to the issuance of the Individual Sewage Disposal
System Permit.)
NOTE: If the property is within the boundaries of an operating sewer district or other sewering authority, it will be neces-
sary to obtain written permission from that authority allowing use of an individual sewage disposal system.
Location of Property—Street Address 2312 N.E. 28th
Addition or Subdivision See Plan Sheet Lot Block
(Or attach legal description)
Type of Building: New Single Family Residence X (No. Bedrooms 3 )
Existing ❑ Other (Specify) Rambler
North End 1600 N.E. 150th 98155 . 363-4765
Eastside 15607 N.E. Bellevue-Redmond Road, Bellevue 98004 885-1278 or 747-1760
Southeast 3001 N.E. 4th Street, Renton 98055 228-2620
Southwest 10821 8th S.W. 98146 244-6400
Central 2120 1st North 98109 583-4440
• Street Address 25 429 129th 2.E°, Kent.
Owne,Jim Peterson City-Zip Codr98031 Phone 631-6393
Street Address
• BUilderSRme City-Zip Code Phone
Street Address 17815 S.E. 146th. , rRPnton,
Designer Richard E. Stuth City-Zip Code 98095 Phone 228-4244
Soil Log Tests(Describe soils encountered preferably by FHA's uniform soil classification system.)Minimum depth 48 inches.
Hole No. is" to 48" SP (poorly graded medium sands)
Hole No. 2 same As #1
Hole No. 3
Hole No. 4
Evidence of Water Table, if encountered. (Distance from ground:surface) None
Source of Domestic Water Supply City bf Renton
Percolation Tests (Fall in minutes per inch, bottom 6 inches of test hole) Two (design rate)
ti
DDe h-- Average Rate_ Length of Time Soaked 1
rHole No. 1 3�6„ 1.4 No soaking needs. with 6P
Hole No. 2 36,E l°l soils..
Hole No. 3
Hole No. 4 ti•
Hole No. 5
Hole No. 6 1
•
(For additional remarks or comments attach letter in triplicate or utilize unused spaces around drawing on reverse side of
application.)
- c-2 ,o, 26 Jan.:, 1975 a
Signature—Designer Date �a
DO NOT WRITE BELOW THIS LINE. (To be filled in b Heal h De artment r-- ,v
_ P ) •k £ �,(Districtl•Offi,eer•�Use� +, t,,
Accepted j /2 '--0 g �.� � ,._ t ,'
Not Accepted J.A N n ('
(Date) 1 �J��
(District Sanitarian)
-1:IF.A;
S-AP-118 Rev. 8-10-67 : ;5 KUC`
... 1
' -
__
) "1'6-*" ,
_• - .. --... -.,
....,.. ...,,.
.-.... ,,--:-•
' . . ,.:.... . . . , .. _.,_:..,
'
— - ' '''''
. .
.. .. . .
--- •- -.. • - . . ..
. ,
....--. •
•
. _• . -
og, '
Z 8 7- 57--,i 7-
..;•,••.,_-_-, -•-,--.:. • .
,
, - 3,9c) ' .• . . . .
. •
- - UAL-DESCRIPT101.1-lil.; .0...D.--,111-11inan,k.,,,Lake:..WasjitzigtOrt
,,
• ' -et;.- \\' '
\
_ 6 6, / '7"- - •
-.,
-,, .9 c. / //.0 Garden of Eclen-#64,---Lot #389,- leit6----fi 120 Ft,..• of
w.-- 50, Pt.: lestc..B0g •of -a. Ln.- 390
,, •
\ ....
i N. -,. .
, I• / Sec 32-24..5 Th•K. .80 Ft.- Th. -N..:-3,20- Ft...-.T.h.---E.•:-":--- --- ' -
. . • • -._ •
/ . . ,
,- . 64.59 Pt. Th. 8. -
•
. -... I
\ /
- 381'09E49E0: 24647 'FT• Th.- 6100488 :Ft. to;:befs`-"lesta.
--,_,
./ / 0&M EGT13.•Subj to- Eamnt' C of 8 Trn..Ln Less Beg
. 1 \ :
\ .„.._ .
..,, ...
/' SW cor. of Sec 33-24-5 Th-E. Ails S. Li -thaf,411.31, F
- • v/ A / . to-SWLY Lh Co Rd: Th N 34-1151 -lit 353.82 Ft-A14-
-_._ ,
_ , , ,. .,
Ely Ln lot #369 th 8:39-08-55 W •335.56- Ft. 4113
. . ,
-_
\
--...,___ ..... __. . .. . , SELY Ln Tran Ln Eimmt to W In 3d Sec th S 01. .
\ . • ..
.\
08-23 W .19.92 Ft 'to' Beg teas par ad lot in -SW"
\ - \ . • .
! P - . . ' -
S.
' • 33- 24- 5 Ly Nly of O. of El Trans Ln Esmnt
•
\ .. , , •
\ O
:; \ .• e •
--- .. .< ,:, , • V
N, \
I CI'
• I ,
- \ , 0 . \
. .
. 1 c\I
\\
. \
14/ .
,. ._ -•- .. p •
\ •\.
! . Ex As r'/.4./6 /*•11.3/z..E
, . ...
. .. .,
•.
• .
\
.
: .4,E.--7 4//Ea) •
•
•,
\ "
i
•
0 . \ • ' ' -
-. • \ • .,NRD E „
.-----_.. . ,
.,
. ___ __ .
,. , , . . .
.
4. .,_.
. -t... -At.
, 0 .
,
.
\
•
_.
.o2 u =1
. .„.
•,
...5' Az-e:se ki!c .o x...A,,,./A--/E.4,0
.
.
Sg.' r • ..,
,
--... ,., _ ,
, 1 •
I • AtillIkaTatt9 <4 4,-., )
j . -- _ _,,
ka-- - -ft---7-7-1-5---- ---- ------•
.
,,
I ,
x 4 t/o /AO 4!), C AD •.., • 0 --1 t? .
• I .
,c;%••-•63 ...S'TX/43 -.\
N. .
( vsi . \./.
di-11 ‘rf d
' tip i fIC .
.41.4. /D 047/A/ LEGEND
SCALE: 1 = 3-0- . .
..,
4. ‘`70 1 1.4..il. \ 1
14 .,_ 1
•
\
: . ' 1- _ 01 I IA'
. . i 30 F.T. - .PF.ZA IN rt a t.,c) • ....'.
.) op C).,:._.. A1.- . . ..5gPTIC - - TANK:.
-. .. • 0. Tg;*"Tr . HoL,-E.:Z. •
-7,1 •V/A17.17a-_.i;t-.
‘ \\\ \C-\c'.\\I' -gCc`-‘\-1/4.\`-, ,/04" ..9.: ,
. .
,
.,...
,
• • •"" • .
: .:4:),A74X;'--' - - .
..Ait Fr .. .. -...'..
..... • .
*I
.."..'-. -- ....''' • GI \
CS.... ',...
\ .__,.. . . ,
., • 1.,- Z..°
. . : .
.
,. .. . - - ,. • .
- ....
' ' -B.101-5
__.
• .. . 2.4 aA A6J,„9-7g. '----:. ;•- ••------.' ----:- •-' - ' -- - '-- . '
.4.1
r,
L'
. .
•
. -. .•
. I
, .
. .
. ,
' .
. .
i
I .
•
. , . .I ,.......,
. 1
., .. .
r \
I r
• 'i, .
1 1
'f ........"' I'11
' I .
. .
I
. • . .
. I -1A,
, . ..
' .
...
. ,
1 ,
•1 .
. ,
. 1 ..
. .
.. .
, .. ,..--•-,.
. r. ,
...----` 4.,..41,..--: •i - .,..
II :-,•.. 9."-,'''' .
• ..
1
KENNETH J. OYLER
CIVIL ENGINEER atLAND SURVEYOR
P.O.Box 2258 • Renton,Wa 98055
255-5050
Nov. 10, 1977
f
Renton Planning Commission
Renton, Wash.
Ref: Proposed Short plat for R. J. Fenton
Waiver of Off-Site improvements ar_:i i xcepi.iori to p1•,Lt n,'
requirements due to pipe stem lots
This short plat is situated at the end of a dead-end sLreet wiLh
out improvements, the nearest being about a quarter of a mile "Z;,;.:ry,
at Aberdeen Ave. N.E. and N. E. 27th Ft. In or.lor-i,o dinv.) .o1)e 1w)
lots, pipe sterns 120 feet Toni-. and 30 fe -t :•ride are necessary. : t is
requested that a waiver be ±:.ranted for no imprcve:•ouLs an cyceptr.i-,n:•
be considered for the pipe-sterns.
• Kenneth J. Oyler, L.;:.
%/77 4093
� D "c,
•
RECEIVED
CITY OF RENTON
HEARING EXAMINER
J'. 131977
AM PM
71 0-n l'1II,121112 214o5,6
• EXHIBIT NO.
ITEM NO. a•P,e, of?.. 77
- io3 77
. w— /o '4- 77
• �. RECEIVED
CITY OF RENTON
HEARING EXAMINER
DEC 131977
PLANNING DEPARTMENT AM 99 CPS
7 1819 1 10 1111 12 1 1 1 2 1e314k516
PRELIMINARY REPORT TO HEARING EXAMINER
PUBLIC HEARING
DECEMBER 13 , 1977 . I-.JJ z.€, �.
�- i ono
APPLICANT : R. J . FENTON ITEM NO. aLiz 0 %9- az / _ 6o
zL
FILE NO. : 099-77 ; SHORT PLAT , W-104-77 ; WAIVER OF OFF-SITE &-v6
IMPROVEMENTS , AND E-103-77 ; EXCEPTION TO THE SUB-
DIVISION ORDINANCE
A. SUMMARY OF REQUEST :
Applicant requests approval of a proposed two-lot: short plat
with an exception to allow access to the public street via a
pipestem portion of each proposed lot , together with a request
for the waiver of certain off-site improvement requirements .
• B . GENERAL INFORMATION :
1 . Owner of Record : BILLIE C . FENTON
2 . Applicant : R . J . FENTON
3 . Location : Property located near the east end
of the approved portion of N . E . 28th
Street on the north side of said
street .
4. Legal Description : A detailed legal description is
available on file in the Renton
Planning Department .
5 . Size of Property : Approximately 5 . 7 acres .
6 . Access : Via N . E . 28th Street
7 . Existing Zoning : G-7200 ; General Classification District
Single Family Resideptial .
8. Existing Zoning G-7200 ; General ClOsification District ,
in the Area : P-1 ; Public Use District ,
G ; General Classification District, and
GS-1 ; General Classification District.
9 . Comprehensive Single Family Residential and Greenbelt.
Land Use Plan :
•
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 as required by. City ordinance.
Notice was distributed to the surrounding
property owners .
•
C. PURPOSE OF REQUEST : .
To subdivide the property and to allow for construction of two single
family residential, structures .
D. HISTORY/BACKGROUND :
The subject site was annexed to the City Of Renton on May 26 , 1960
by Ordinance No . 1828. • The subject site is directly above the May
Creek ravine area and is adjacent to properties 'proposed to be a
portion of the King County May Creek Park .
PLANNING DEPARTMENT
PRELIMINARY REPORT TO HEARING EXAMINER
PUBLIC HEARING OF DECEMBER 13 , 1977
PAGE TWO
RE : R. d . FENTON ; SHORT PLAT , WAIVER OF OFF-SITE IMPROVEMENTS ,
AND EXCEPTION TO THE SUBDIVISION ORDINANCE
E. PHYSICAL BACKGROUND :
1 . Topography: The majority of proposed Parcel 'A ' is relatively
level except for the northeasterly corner which drops off
steeply into the May Creek ravine area . Proposed Parcel ' B '
is mostly steep hillside area with a slope averaging approxi -
mately 50%. The steepness of the majority of the subject
site makes future development on the site and in the area
extremely difficult .
2 . Soils : Indianola loamy fine sand (InC) . Permeability is
rapid , available water capacity is moderate , run-off is slow
to medium , and erosion hazard is slight to moderate . Septic
tank, drain field suitability is slight and moderate . If
slope is more than 8% , could be possible pollution hazard . This
soil is used for timber and for urban development . The steep
hillside areas of the subject site consists of Alderwood and
Kitsap soils (AkF) , drainage and permeability vary , run-off
is rapid to very rapid and the erosion hazard is severe to
very severe , the slippage potential is severe . The suitability
for septic drain fields is severe due to the extreme slope .
These soils are usually used for timber .
3 . Vegetation : The majority of the site is steep slope and is in
a natural heavy northwest woodland character.
4 . Wildlife : The existing vegetation of the site may provide for
some habitat for birds and small mammals native to the area as
well as certain other animals such as deer , racoon and other
woodland type animals .
5 . Water : No surface water or streams are apparent on the subject
site , however , the site is directly above the existing May
Creek area . All drainage would naturally flow down the ravine
towards May Creek .
6 . Land Use : Existing single family residences are located on
either side of the proposed pipestem to Parcels 'A ' and ' B ' .
Other single family residences are located on both north and
south side of N . E . 28th Street . Recently , homes have been
constructed on the south side of N . E . 28th Street directly south
of the subject site as a result of previously approved short
plat. The area north of ' the subject site is within the May
Creek ravine area and is generally undeveloped wooded property
together with sparcely developed single family residential uses .
F. NEIGHBORHOOD CHARACTERISTICS :
The site is within an area of single family residential homes
which are located on the edge of ' the area consisting of the May
Creek ravine and stream which are heavily wooded and are in a
relatively natural condition. Much of this area is undevelopable
due to slope conditions , flooding , and lack of sanitary sewers and
access .
G. PUBLIC SERVICES :
1 . Water and Sewer : An existing water main approximately three
inches or smaller is located along N . E . 28th Street. An existing ' 8"
sanitary sewer is located along N . E . 27th Street approximately
400 feet south of the subject site.