HomeMy WebLinkAboutExhibit_2_Critcal Areas ExemptionDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_LUA23-000296_MistyCove_ShorelineEx_StaffReport_Final
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT
EVALUATION FORM & DECISION
DATE OF DECISION: December 6, 2023
PROJECT NUMBER: LUA23-000296, SME
PROJECT NAME: Misty Cove Condominium Fence Replacement
PROJECT MANAGER: Brianna Burroughs, Associate Planner
APPLICANT: Misty Cove Condominium Association
5021 Ripley Ln N, Renton WA 98056
OWNER: Misty Cove Condominium Association
5021 Ripley Ln N, Renton WA 98056
CONTACT: Steven Jansen, HOA President
5021 Ripley Lane #4 Renton, WA 98056
PROJECT LOCATION: 5021 Ripley Ln N, Renton WA 98056
PROJECT DESCRIPTION: The applicant requests a Shoreline Exemption from a Substantial Development Permit
to replace the existing six and a half foot (6 ½ FT) cedar fence with a new six-foot (6 FT) metal (rail style) fence along
454 feet of the South-Western lot line. The property is in the Commercial Office Residential (COR) zone. The project
site is located within the Shoreline Residential designation and Lake Washington Reach B. Proposed work would
occur approximately 38 feet from the ordinary high water mark (OHWM) to the West, and approximately 26 feet
from the OHWM to the South.
SEC-TWN-R: SW-29-24-5
LEGAL DESCRIPTION:
(King County Assessor)
Beginning at the South Quarter corner of Section 29, Township 24 North, Range 5
East, W.M., in King County, Washington; Thence North 0°09’22” West 2,077.48 feet
along the North-South centerline of said Section 29, to a Point “A”, distant South
0°09’22” East 3,254.73 feet from an iron pipe called the North quarter corner of said
Section 29, said point being Point “A”, also being North 58°20’ West 64.31 feet from
the westerly margin of the Northern Pacific Railroad right of way;
Thence South 58°20’ East 64.31 feet to said westerly margin and the True Point of
Beginning of a mutual Boundary line as recorded under Recording Number 6502051
and the True Point of Beginning of the description;
DocuSign Envelope ID: CD6623AE-8F2F-4FEE-B103-7AC3E7FF4CFA
City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial Development
Misty Cove Condominium Fence Replacement LUA23-000296, SME
Permit Date: December 6, 2023 Page 2 of 3
D_LUA23-000296_MistyCove_ShorelineEx_StaffReport_Final
Thence North 58°20’ West along said boundary line 642.32 feet to the inner Harbor
Line of Lake Washington;
Thence South 44°20’ West 163.08 feet;
Thence South 67°40’ East 210 feet;
Thence South 58°20’ East 480.60 feet to the westerly margin of said Northern Pacific
Railroad right of way;
Thence Northeasterly along said right of way to the True Point of Beginning;
Further Described as follows:
Commencing at the Northeast corner of said real property, said corner being a point
on said westerly margin of the Norther Pacific Railroad right of way; and the True
Point of Beginning of this easement description;
Thence Northwesterly along the North line of said property 29.00 feet;
Thence Southwesterly, perpendicular to said North ling 28.00 feet;
Thence Southwesterly, parallel with said North line 30.86 feet, more or less, to said
westerly margin;
Thence Northeasterly along said margin to the True Point of Beginning.
(Containing Approx. 824 Square feet)
WATER BODY/REACH: LW-B: Lake Washington Reaches
EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development
Permit is hereby Approved on the proposed project in accordance with RMC.4.9190C “Exemption from Permit
System’ and for the following reasons:
c. Maintenance and Repair: Normal maintenance or repair of existing structures or developments, including
damage by accident, fire or elements.
i. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition.
ii. “Normal repair” means to restore a development to a state comparable to its original condition, including but
not limited to its size, shape, configuration, locati on and external appearance, within a reasonable period after
decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or
environment.
iii. Replacement of a structure or development may be authorized as repair where such replacement is the common
method of repair for the type of structure or development and the replacement structure or development is
comparable to the original structure or development including, but not limited to, its size, shape, config uration,
location and external appearance and the replacement does not cause substantial adverse effects to shoreline
resources or environment.
Staff Comment: The scope of work to replace the existing fence is consistent with the exemption maintenance and
repair code standards listed above. Pursuant to RMC 4-3-090D.7a.13, the proposed fence is considered conforming
as it is 6 ft in height within the buffer and not abutting a residential lot.
FINDINGS: The proposed development is:
i. Consistent with the policies of the Shoreline Management Act.
ii. Not Applicable to the guidelines of the Department of Ecology where no Master Program
has been finally approved or adopted by the Department.
iii. Consistent with the City of Renton Shoreline Mater Program.
DocuSign Envelope ID: CD6623AE-8F2F-4FEE-B103-7AC3E7FF4CFA
City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial Development
Misty Cove Condominium Fence Replacement LUA23-000296, SME
Permit Date: December 6, 2023 Page 3 of 3
D_LUA23-000296_MistyCove_ShorelineEx_StaffReport_Final
*CONDITIONS OF APPROVAL:
• None.
SIGNATURE & DATE OF DECISION:
_____________________________________ ______________________________
Matthew Herrera, Acing Planning Director Date
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be
no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within
the 14-day appeal time frame.
APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on December 20, 2023. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk
at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee,
normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted
electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals
to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process
may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: None
cc: None
DocuSign Envelope ID: CD6623AE-8F2F-4FEE-B103-7AC3E7FF4CFA
12/6/2023 | 3:22 PM PST