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Home My WebLink AboutLUA97-065 Rentonnet City Clerk Card File Page 1 of 1 titty Clerk ard File Full Screen Version New Search Results List Add Record Edit Record Delete Record. Record 2 of 2 0 CI Title: VARIANCE, PROVOST/LAKE WASHINGTON BLVD 97 Effective Feb 7, 2000 Show this record on the Internet? YES Date: Date Feb 25, 2000 by User: CC6 Entered: Last Aug1, 2004 by User: kcomer Modified: g Scheduled Destruction Date: Destroyed Date: Narrative: • 5/13/97- Application for variance by Al and Cindy Provost; Mitch Williams- contact; to subdivide 38,215 sf parcel into seven lots at SW corner of NE 24th Street and Aberdeen Avenue NE; north of Lake Washington Blvd. • 8/5/97- Public Hearing • 8/14/97- Hearing Examiner approval with conditons • 2/7/2000- Variance dismissed; applicant did not comply with condition regarding restrictive covenant Keywords: • V-97-065 • LUA-97-065(SEE V) • PROVOST AL & CINDY 97 • LAKE WASHINGTON BL 97 • NE 24TH ST 97 • ABERDEEN AV NE 97 Location: MICROFILMED/OFFSITE STORAGE Category: Y2 -) \/ / (2 ka - LA/ L J i'/ ° http://rentonnet.org/intranet/CityClerkDep.../index.cfm?fuseaction=showdetail&REC=2&ID=5426 11/19/2007 P 419- 259 095 US Postal Service T�1�- i-6 Ct. 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Y !T "?-a� t� 8sv III '7 6 a �I d 1 e 'I'37 -F S 9]"ds l 91 `T'• ]1 7 I t6 _--�' •---'J':f'f'i,YL,•I,: t e l,.�'.I I II:JI®I e e"361 . . + '�& P N. 34TH a ▪ ST. I r I II.II , IQl l lr f l_il I i `r= °l( 141II Eve 16 r • • NORTHWEST 1/4 SECTION 32, TOWNSHIP 24. NORTH, RANGE 5 EAST. W.M. .. . SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON j r„ ' /,-' ; / / earBxhr000 re R.S. - PROPERTY LIME 1 �••• -• •••••• - f 4 - s , / • • pROIECE'AATA / / rEe.a.e J — AI&Cwdr Provost RPvwm / 49 ;� _ �`� • , , / 37021ake Washing.Blvd N. coMl I / 4 Renton WA ca Wu:SS x ; /2 i t.1 ) it. 4 r I r pM/n'EO'R Ewny . lCA1DD No.9I06 / V'-^�,}"^` DECK i ep exED i ].10 a•:zo L0"� Allowable Stoner ] PROPERTY LINE , t �If��°' �,� l PropoxdS rta 3 / 4T',./' N ....-a a[l.�xa rru ii s 0 Z"�\�°r xA z woyirpf Allowable Height 30,0- / / \fig t C�' i / Aopded Height 3OW' • / r 45EOFTIT�OAt98 FEI).6 t.�. ` "�` -,fk) N P''rn. 9[./Ler,[a •�. - I ,(E)74'FRaN(T�Ft'� / Parkin Provil d • 2-Car Garage 5 0 / • 1 M �1 (((' , 1- .0 � , / , SCALE. . JJ / J Ll le Fr .ui / Allowable Building Sel6aelo 2o•-cr . / /l 4 /1B .. ,00-o 1 �/f -Fiz• ,� a :o Rear ar-rr PROPERTY LINE 1 • I L (E � r--.._ ,.• Q/ PrDpO¢d Roan Setbacks J �e x rs•• a /;714.i // o"IyotP RNA. C' t ra.Cox[ ! 7 p Front 2D'U' }/ I P.rl w-I I. O �/ N`t' LEGEND 1 �F. Rear(A.A.wane corer lfW heir >' ... SLY 3'dT' // a/ � �` �� Z GONG CONCRETE Site Square footage 3.363 AL if '.` ��. ." ^ 17 I (, a D; FF FINISH FLOORf / r� ' ; 2/ 4di RM TER DETER HDBdmg SquareGround Floor 9Y1 AL PROPERTY LrNE / /� i�. DECK '•,P(� ti/ V EP EWE PAVEMENT Second Floor 9606L 1 \ GO GROUND TNBd FToor 96011 - '"w /// CD _ -. r F xe es • ,,,, •ji O - - .. U k° 2 / ? J BOX UNCTION BOX - -- -- Garage Alowaua -AM.e - ie a C_r[ 8•OK t yg, O e/� TCGAL 2.0AL 5 5 i, 5o r u �Tiz / EQUIPMENT USED / �� 1 3 SEC.)NIKON-TOPGUN A10LG PROPERTY LINE / 9` ram. To.cox r. Qz fJd. p PROCEDURE oESED 1�..4 c•i NpTS:Ss€hTf/9uIFD Fl-cz;R-P�N zH1ET , BASIS OF BEARING �-f4.v o IN F n - .. d y RECAD00709 OF SURVEY.AS RECORDED UNDER AFN Pop- rL D lµ"e � / BOOJIt9003 • / fjOD ♦I/' VERTICAL DATUM I • ./RRTTT (1VY/ CITY OF RENTON BN 2116 ELE V-42.15 / FOUND A STANDARD COAST 6 GEODETIC SURVEY ICGSI BNNCX CRET BRd55 DISC.U12.344 1959.SET E,o / ADORE GROUNDPATT'NONYDCLE. NOX II'ANORTHERLY U BLVD.HEYTOVIEWUSED LEADING ETOI THE WEST AND NH33rd ST • I rx[ / LEADING TO THE EAST.APPROX 29 5'NORTHWESTERLY OF CA_ Lrt WASH I GTON BLVD. • . / • / LEGAL DESCRIPTION LOTS 49-52.BLOCK A. INCLUSIVE CD NILLYAN'S LAKE WASHINGTON GRDEN OF EDEN N0.2.RECORDED IN OLUNE w:SFS Al GE 6A,RECORDS OF RING COUNTY. / ::::NCTON : Ed55ENENTEYOFORECOBD PRESTRIPTOESNOW / IFA5DY'N1S.OR LOCATION OF UTILITIES IEXC EPT •Vr.2.1113; / • REV`J' DATE DF9CPP,CN MACEBY CHECKSCALE '°' DESC/EOBY: Bennett PS&E INC. , PROVOST RESIDENCE SFEETALPE P MAY 4,1997 am®BYI "ItrallSURVEYORS AND ENGINEERS SETBACK AND ALLOWABLE STORY I CF '. P.O. BOX 1031 PUYALLUP WA-08371 , CRAM BY:LEA APPROVED BY: 845-8833 SEATTLE 838-3474` VARIENCE -03" 96-3359 • _ . „IIWWV =:nnnn IIIIII I 1 i r num.!Iq 1p11IkI'I , \ `. Cr II.I Ulnpl Illpnl.n lmIi nnImnnn., -IgUnriu=IV I I I SIB 4 ' it.7w, :. . ° s �N� �., ,1�„ - • l k.. . 2 �r 7` N ' °�°; v 41 IInIINIl101 II I III IIII.. v` 5 ,Ii: J III, cr- ^-ti`"- '^ G`r` '.'J _ - .— FIN.FL,t7b91 1 ,s,, ..._ 3°y . N. RAPE t2a kc24' \ SOUTH ELEVATION LJ,kE.7 `(�� (Lx{C I.IhLL SCALE:1/8'=V-0' (E)TIZE.Fe" re?¢Erv,I N I 111t a PII INA N UII. • • . • I q mpiaoau mmI wnwi� Wn imiu ulur l L • Q• t ' 4 Ia II.„ .Wgr.uu)upwuuNmYmnmmiw.w.•Ir.. IIIIIIIIIIIIIIIIIIIII• ' z r •I I-1- I ea 0 1111 'l. , P G' PROPOSED NEW RESIDENCE _EXISTING RESIDENCE EAST ELEVATION SCALE:1/8'=1•-0' - AL AND CINDY PROVOST RESIDENCE .3707 LAKE WASHINGTON BLVD N._ RENTON,WASHINGTON „, r Lor :97.13..,js - 7Pop rr LIN$. PI 5E.7L»r� ,( L»w nl 2 .6�6tz.IDC6 srol7.e,E III •�,5� 771 -( 3c»TI�w,a� - - - - - � - :z / Ifi -cs)pzklu. LLnru 2-cnrt i, t- / � I - • c,/pnc= - - ir TRES, To SEl'e,•• , / ( €mis of( )6.pW>.-r � RarvAr tcgMI / 1 Lor 50 �r_ I (a-) r ,a To se. (1 I I- — — — — — — 1.IEii¢(a) L I4-J -e--h SETTb -k . ( 1 i NE.W LnWN / > --- EMIE_of( L12E E. \ _ I �— (e)F/>T44 I Y Co..)!GI-e. LL N FIRST LEVEL PLANEr a / • ., I]ININci '' GidE.ST i___,.— L•II M-Ber7R+1, tZ- M I tclr n Oo. , .. UV ►S ly51T at Pop- 09111111H1 . d. /1,W1 o 91111111111111 -0.1 0111111I11111111... 11111111 - . _ °” � i i , I�11111m1 ; � Er .. MINIM . SECOND LEVEL PLAN 'THIRD LEVEL PLAN AL AND CINDY PROVOST RESIDENCE _ - 3707 LAKE-WASHINGTON BLVO N. RENTON.WASHINGTON .. tiral CITY OF RENTON „u = Planning/Building/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E.,Administrator February 6, 2004 Alan and Cynthia Provost PO Box 1965 Gig Harbor, WA 98335 (2-5 3) 2-7 3 Subject: Status of Variance Application for Lots 49 and 50, Block A, CD Hillmans Lake Washington Garden of Eden No. 2, City File Number LUA97-065 Dear Mr. and Mrs. Provost: This letter is sent to clarify the status of your 1997 height and shoreline setback variance application. Once approved, variances are only valid for a period of two years (see attached City code sections). During this time, an applicant must obtain all required building permits and keep those building permits active and valid in order to keep the associated variance approval from expiring. My staff researched the City Clerk's official file for your particular variance application and found that, while the City Hearing Examiner conditionally approved your variance requests in 1997, he later denied the variances as of February 7, 2000 (Examiner letter attached) as he did not find that you complied with all conditions your variance approval within the time frame specified by his office. On a separate matter, my staff would be happy to assist you removing the restrictive covenants currently encumbering your property. These covenants have a separate and distinct expiration period, which is different from the 2-year period of variance validity. Please feel free to contact Laureen Nicolay at 425-430-7294 for assistance in removal of these covenants. Sincerely, 1 , / el( / iZt Neil Watts, Director Development Services Division c: Hearing Examiner File#LUA97-065 attachments 1055 South Grady Way-Renton,Washington 98055 RENTON Gam]This nanar cnntalnc 5(1%recvnlori matAna� 3na/nnct mn�i..,.or AHEAD OF THE CURVE ;y ,T CIT OF RENTON xr_ Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman January 24, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Al Provost 1224 N 32nd Renton, WA 98056 Re: Provost Variance File No. LUA97-065,V Dear Mr. and Mrs. Provost: This office issued a Decision on the above-referenced matter on August 14, 1997. That Decision required recording a restrictive covenant which would not allow any structures to be placed within any of the setback areas, and that it be maintained as open planted area or ground level patio. A draft form was sent on August 26, 1997, but this office has never received a completed covenant. If we do not receive a completed covenant by February 7,2000, this office will dismiss the application with prejudice, and it will be treated as a denial of the request. Sincerely, .A---lafi C Fred J. Kau Hearing Examiner FJK:mm cc: Larry Warren, City Attorney Jennifer Henning, Development Services 1055 South Grady Way - Renton, Washington 98055 - (425)430-6515 4-9-250C cant at the address shown on the appli- C. WAIVER PROCEDURES: cation and filed with the Board of Adjustment and to any other person who 1. Authority for Waiver,General: (Re- requests a copy thereof. served) c. Reconsideration: (Reserved) 2. Authority for Waiver of Street Im- provements:The Board of Public Works d. Record of Decision:Whenever a may grant waiver of the installation of street variance is approved by the Board of Ad- improvements subject to the determination justment,the Building Department shall that there is reasonable justification for such forthwith make an appropriate record and waiver. shall inform the administrative depart- ment having jurisdiction over the matter. 3. Application and Fee:Any application for (Amd. Ord.4835, 3-27-2000) such a waiver shall specify in detail the reason for such requested waiver and may contain 13. Conditions of Approval: The Review- such evidence including photographs, maps, ing Official may prescribe any conditions surveys as may be pertinent thereto.The ap- upon the variance deemed to be necessary plication fee shall be as specified in RMC and required. (Amd. Ord. 4835, 3-27-2000) 4-1-170, Land Use Review Fees. 14. Finalization: (Reserved) . r 4. Decision Criteria,General: (Reserved) 15. Expiration of Variance Approval:Any 5. Decision Criteria for Waivers of Street variance granted by the Reviewing Official, Improvements: Reasonable justification unless otherwise specified in writing, shall shall include but not be limited to the follow- become null and void in the event that the ap- ing: plicant or owner of the subject property for which a variance has been requested has a. Required street improvements will al- failed to commence construction or otherwise ter an existing wetlands or stream, or implement effectively the variance granted have a negative impact on a shoreline's within a period of two (2) years after such area. variance has been issued. For proper cause shown,an applicant may petition the Review- b. Existing steep topography would ing Official during the variance application re- make required street improvements in- view process,for an extension of the two (2) feasible. year period, specifying the reasons therefor. The time may be extended but shall not ex- c. Required street improvements would ceed one additional year in any event.(Amd. have a negative impact on other proper- Ord.4835,3-27-2000;Ord. 4851,8-7-2000) , ties,such as restricting available access. � v 16. Extension of Approval: For proper d. There are no similar improvements in cause shown, an applicant may petition the the vicinity and there is little likelihood Reviewing Official for an extension of the ap- that the improvements will be needed or proved expiration period established per sub- required in the next ten (10)years. section D15 of this Section prior to the expiration of the time period, specifying the e. In no case shall a waiver be granted reasons therefor.The Reviewing Official may unless it is shown that there will be no det- extend the time limit,but such extension shall rimental effect on the public health,safety not exceed one additional year in any event. or welfare if the improvements are not in- (Ord. 3463, 8-11-1980;Amd.Ord.4648, stalled, and that the improvements are 1-6-1997;Ord.4835, 3-27-2000;Ord.4851, not needed for current or future develop- 8-7-2000) ment. (Revised 10/00) 9-78 4-9-190J development on the ground and corn- of the shoreline permit for a period of up to , -)--)- 1 plete the project that is being permitted. one year. Otherwise said permit shall termi- nate.Notice of the proposed permit extension 7 c. Where specific provisions are not in- shall be given to parties of record and the De- cluded to establish time limits on a permit partment of Ecology. To maintain the validity as part of action on a permit by the City or of a shoreline permit, it is the applicant's re- the Department of Ecology,the time limits sponsibility to maintain valid construction per- in subsections J2 and J3 of this Section mits in accordance with adopted Building apply. Codes. d. Requests for permit extension shall 4. Effective Date: be made in accordance with subsections J2 and J3 of this Section. a. For purposes of determining the life of a shoreline permit,the effective date of 2. Construction Commencement: a substantial development permit, shore- line conditional use permit, or shoreline a. Unless a different time period is i variance permit shall be the date of filing specified in the shoreline permit as au- as provided in RCW 90.58.140(6). The thorized by RCW 90.58.143 and subsec- permit time periods in subsections J2 and tion J1 of this Section, construction J3 of this Section do not include the time activities, or a use or activity,for which a during which a use or activity was not ac- permit has been granted pursuant to this tually pursued due to the pendency of ad- Master Program must be commenced ministrative appeals or legal actions, or within two (2) years of the effective date due to the need to obtain any other gov- of a shoreline permit, or the shoreline ernment permits and approvals for the permit shall terminate, and a new permit development that authorize the develop- shall be necessary However,the Devel- , ment to proceed,including all reasonably opment Services Division may authorize related administrative or legal actions on . a single extension for a period not to ex- any such permits or approvals. ceed one year based on reasonable fac- tors, if a request for extension has been b. It is the responsibility of the applicant filed with the Division before the expira- to inform the Development Services Divi- tion date, and notice of the proposed ex- sion of the pendency of other permit ap- tension is given to parties of record and plications filed with agencies other than the Department of Ecology. the City,and of any related administrative or legal actions on any permit or ap- b. Construction activities or com- proval. If no notice of the pendency of mencement of construction referenced in other permits or approvals is given to the subsection J2a of this Section means Division prior to the expiration date es- that construction applications must be tablished by the shoreline permit or the submitted, permits must be issued, and provisions of this Section,the expiration foundation inspections must be corn- of a permit shall be based on the effective pleted before the end of the two (2)year date of the shoreline permit. period. c. The City shall issue permits within ap- 3. Construction Completion:A permit au- plicable time limits specified in the Type III thorizing construction shall extend for a term and Type VI review processes in RMC of no more than five (5)years after the effec- 4-8-080H. Substantial development per- tive date of a shoreline permit, unless a mits for a limited utility extension as de- longer period has been specified pursuant to fined in RCW 90.58.140(11)(b)or for the RCW 90.58.143 and subsection J1 of this construction of a bulkhead or other mea- Section. If an applicant files a request for an sures to protect a single family residence extension prior to expiration of the shoreline and its appurtenant structures from permit the Development Services Division shoreline erosion shall be issued within shall review the permit and upon a showing of twenty one(21)days of the last day of the ; ;? good cause may authorize a single extension 9-56 f.. M.F. WILLIAMS CONSTRUCTION CO., INC. CITY OF RENTON , P.O. BOX 361 RECEIVED MERCER ISLAND,WA. 98040 FEB 0 3 2004 • • WILDING DIVISION 5G DECLARATION OF RESTRICTIVE COVENANTS WHEREAS Al and Cyndie Provost are the owners of the following real property in the City of g Renton, County of King, State of Washington, described as LOTS 49 AND 50, BLOCK "A", C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, NO. 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING • e 1 COUNTY, WASHINGTON; t�t TOGETHER WITH SECOND CLASS SHORELANDS ADJOINING;AND qtr vgl trt THE WESTERLY 15 FEET OF THAT PORTION OF FORMER NORTHERN voI PACIFIC RAILWAY COMPANY RIGHT-OF-WAY AS LIES BETWEEN THE ? NORTHERLY AND THE SOUTHERLY LINES OF SAID LOTS 49 AND 50. TAX PARCEL ID#: 334270-0250-03 ' WHEREAS,the owners 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 owners hereby establish, grant and impose restrictions and covenants running with the land herein above described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: • RESTRICTIVE COVENANTS 1. No additional structures within any of the setback area are permitted,and that these areas shall be maintained as open planted area or ground level patio. 2. The boathouse may be repaired but shall not be expanded in any direction or have any change in its bulk. 3. The actual physical height of the residence shall not exceed a plane of 30 feet above ground level. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements 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. ndie Provost 1: Al Provost STATE OF WASHINGTON ss. County of KING On this - %`5- day of AM/ea =1997,before me personally appeared the persons who executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein p mentioned. C Li/4i2 /�'sttq0`-- 4 4(C await_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the iday and year first above written. Notrary Public in and for the State of Washington, residing at '44-1Ve OFFICIAL SEAL. SHARON GILBERTSON Notary Public—State of Washington My Commission Expires 9-9-01 875 FICE 00 02 KING COUNTY RECORDER' 500 4TH AVE ROOM 311 SEATTLE WA 93104 (206)296-1570 ISSUED TO:PROVOST RECEIPT # 62 303 02/01/2000 02 a L"10 Phi DESCRIPTION FEE 14:22 20000201001128 COVENANT 3 PGS 10.00 Total Amount Due $10.00 Total Number Does: I CASH 20.00 Total F'aYmentsn $20.00 Change Issued: $10.00 THANK YOU KING COUNT' RECORDER'S OFFICE Deputy: LISAO , .---- ' ?':•.•... ..*::,... ._. .• 111 •11111 111 :210,0:01020011071e1.238 e -.• : REIURN ADDRESS ' KING COUNTY, UA ... .. : .... PROVOST COY 10.08 .. .67 ---qs. ,..... , ... :, RcVOsr CITY OF RENTON —' RECEIVED ••,..." .01-fd :•:: :: , .• ,%, ..."-.::: .... ....,•:.:: FEB 0 3 2004 4.• %.• ,fi :.,:, BUILDING DIVISION , ••••.,. ....: :: ;: i s ••;: :;. ,:.Ni. -::. .::.. ;;• Please pnnt neatly or type infocrsianoili ..,.:;• "...:, .:, , ..:..... . Document Titie(i) / ....:: .:•• ...... At.l'',::„. . DCLAltliVA.)(9'......'" 1 S.kli 7ide''.-6 )tts,01;1;07- • • . '' •.:::.},.: .. .• . .• ..„.•. .. .:F ..:. :: e -.....,i.. ::,. ..e• Reference,Numbers(s) of related doeutherits:. A •, CO .: .%:.. • •V ... CV il CI :::P11/21.6(4 7,-- S 3 Y-0-7 0,::-.7P4 a zca)—...0;32 I: 1 / / • liddilional Referepce Cei on page cm) .......' ...• *:: :: '-r: ::: ,Y .i: :: .•,. .. — Grantor(t) (Igist,Firist and Middle Initial) .•••••••"' * •::.. ..• ,:. .:% :..../.eivds741_,A..4m A) r .:,,..,........I.; :,... ...,.. ...... ._. ,. ..,, ..... .:. • .... / .... ,.. c= ...,:„, ,=, .:. .:::. ....:y an •::.. .•,‘ :F , '' :1 r=r• •:.. • ''',,,........--' ...• ..S' :: re '""••••.:. . ..: .S• .:.: ar - •• •• - •• - . I Additional grantors on page . s s• S .,' , Las:.. q....0 _e' Grantee(s)e(S) ( 4 First and Middle Initial) j:•%:.... • . 1 . .v ...• .:*. .;::;. .:* .;: r 't• •:, . -.„. ... Additional grantees on page Legal Description(abbreviated form:i.e.lot,hloei1/4plii or section,tor/01111)4*e,quliler/quarter) Lois q7-6-6 gLockie11 ±IZe4v g fth tlif of 4li....."..'"VS. Lnier 1,- 14 1 etkr---ra A) 6-A e.pts-A) 0 r E,D.i A),Po:;;4! i idditionokel i;'...h.n page_ , ;''.. I: .i:: ...r li .........1::1? :: •''.:: Assessor's Property Tax Parcel/Account Number -7.7 .311 g7o 1 1. Additional parel N's on page _ .....* .? .,:: The Auditor/Recorder will rely on the information provided on this form. The staff will not read the dot to;erifithe • accuracy or completeness of the indexing information provided herein. ::%. ;• :: .:* i 4,1%:•.:' 't..• •"! :f , '''..i: •:: :k zi DECLARATION OF RESTRICTIVE COVENANT :••••_' WHEiEAS'Alan E, Provost 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.owrier of said:described•property desires to impose the following restrictive covenant • running with the land a$•to,use present and;�future,of the above described real property. NOW,THER. FORT;,the,aforesgid owner:hereby establishes,grants,and imposes a restriction and covenant running with the land herein al we'describe0wiih respect to the use by the undersigned,their successors,heirs,and'assig'ns as follows . `..''' R.ESTR �•N E COVENANT No additional structures within• any of thecsetback:ari a"are permitted;and that these areas shall be maintained as open planted area or ground level patio,:' `°r' DURATION + This covenant:shall run with the land in perpetuity. !tat anytime impiovemmner}ts are installed purfitight to this covenant:'the'portion of the covenant pertaining;to the specific installed mprovements required by the Ordinances of thie:City of Renton shall terminate'withoui.riecessity of further• dgcurnentationt CV Any violation or:breach Cif this restrictive covenant may be enforced by:properlegal procedures in the Superior Court'of King County by either the City of Renton or any propertyowners adioining.subf ect o property whq:are adversely affected by said breach. ;r C.)� 57 c _Al E g gyost `v STATE OF WASHINGTON .�` %4� Ssii N'y ti�ir '•'',`::v...r.. /p:o'`IV 1 gip) m:� „.• . County of KING 'le • P1191JG On this 1 day of 'F-e fw►,, '.'�, �...:.:re:iine:`personally appeared the who executed the within and foregoing instrument,and aoktfqWtecred said instruiiieilt to ba'•the free and voluntary act and deed of said person for the uses and purpbsee;,therein Mentioned. ,.,t IN WITNESS WHEREOF,I have hereunto set my hand and affixed my ofticiaarsea1the dayand year first above written. ' N ... • Notary Public in and for the State of Washington, residing at • L+�tl I. . '' :'' r• •t• •`1 - ,.. . :'.:... . _. , ;4, .. „. ... :: xo 6 f r ;• s.• .; : .... i.: .:•••:. ; ..... .:.:i :. .:' •••:;. :i .:. I , .... ; ;•,,, .... 1;5, , , ... *-.. .,.......‘........, ' .' • ' - .. •:,r — .. „ • • •. x ..... - i: .;,' .?':•.: .....1., i •::::: •.I *.% ''''.."` :::' t.ii s$ f .'$' .;!' I ••• i' ., ''..j. ,,,. .. , •:.... 1:. .;. i , 0 1 „ 4: ."••:- , i •_:„„...„.• e,,.: .710. %:- ... .? :i. ••:::. , 711.• ::: Ve, f'''. ..... -:' . 61(41 1 .: . : t,•:: .:. ..... 11 1 'VS . •:' I .• .. , Iv 9e .*:: *;:::. .; I •:' ...• .,... 1P,tta, .3.?•::., ..... ,„„ .:..,:i: . •%.... V ,. : :.: ..;• :,. •:::. , 1 4 A,. •..; .. I .... s .. :. :: .... i 1 . w.A.::'1„.1 1 ...:. ::::. I. li 1 : 494.•:„,,.. . .•::.. V 1::::.,,,..0\ I 44 SA./1 ....:. I .. ts:'':': : :*::I 1 I 4:.... 44. '''''' v• ..::. ,,p4; ILA- j 11011 I I a .I V.'' •1:'''' L../ i... ,t,...'"..1:......,1 ., 0 .. OD . I I • t: • I ,:Y ::.. .1 .::: 1 I I vall 449^ ./ ...'' . j'a e I've ty.Z•tifr;; I ,....1--.1 ,,I ,i I ,.,- I VI 1:•?. I '' ':. ::: 1 ?Cl I i :. ii I .--- .:.'. A.1':. . ..'.:** I". ,%:‘. . I ......"--r. j„,...1 1, 1 1 .:::.1 viz- ..... .f 1' ; 1 1 om 1.1 1.s. --::t1 -r-.'&4Lr ........1.7; 1611e'l I i •'— . ... ,iii.s. 1.ki. - :F . • 1 ' ii•l. . .23) - I I 173 st7-- 7 ,s.,• rsP.1 ,: .,,,' 'I.; -1 1_ .... '.), •-Te.0 4). I an 1 , ,...• ig- - . '::. L is 1--' isn .:' ::7 1! . ;-...‘ : .•-S. " 1 P .1 • I .1, (.11. ' 0 •.* 1r ,: 10: :: - It,. \s 1 e,.,.. 1. 1 1 1 1 i I 161 1 . IC '• ';',t \ "1",;,/ I 1 I I ••••.4. I I I CD "1.1114:4. ;A', Vt.•• '.•-•*" . . 4%,,i a I L_ 1 1 i_ 1 1 1 . •to 13 %... O----- •--- :-%::% 24' Set'..4— dr *:;„ ii ':. '•." I ' r 1 1 -1 --,==> Co. I • ::.'• •• _ -•::::,.. .,e. :•I'd, ;t3 0 :,,iF :: 1"."-41544" ii l... I 175; 9•:. Sv:: g 0.;' ..4,:. so ess SCP.4.11. 1 So 1 so go re 1 to 1 co - -c4," 4. - '..:,--..: -9. W. A.:. A! A A 4 A- •A A sh La ,,,4-4 =.1 toN — OW - 4 -.) , °I 1::,... ,:: •...:. ....., :1• ::• ...: •,,, .1:,:.::,„..,...e :•,• i,F / ,:: f fiw-32 -24 - 5 - , •..... „...:. ..• :. .:. :. , . . ......'•..7.--*: ::::...-- LEGACDESCRIPTION O613R OPERTY':(Attads:seliarale'sfieetiCireceiiayy) . '",:.• ...:* ..' ••• ..;.:::. LOTS 49-50, BLOCK A, INCLUSIVE CD HILLMAN'S LAKE •:... ..... ..... .:. s . ..t::.i :: ..- ',:. WASHINGTON GARDEN OF EDEN NO. 2. RECORDED IN VOLUME II OF PLATS AT PAGE 64. RECORDS OF KING COUNTY, ."...... ..: :: ... . .:::.;.'. il •:. ,• WASHINGTON. . -. .. •:••••••'.:::. ' :. .••••••-.. '.: N.....:. • .:. 1:. .,. .. ..... :: ..; ..:: .;. • q 1,*„ -PReati S. 3 4-1. 2. 70'"ra9-6-.. 0......---93/ •.:.: 7. -........i....: :... -,,,... -,..$ .► CITY (_.• RENTON s. Planning/Building/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E.,Administrator February 27,2004 Al and Cynthia Provost PO Box 1965 Gig Harbor,WA 98335 • SUBJECT: SHORELINE SETBACK FOR 3707 LAKE WASHINGTON BLVD N. RESIDENCE • Dear Mr. and Mrs.Provost: • Thank you for meeting with Development Services Division staff on February 24th to,discuss your plans for a new house at 3707 Lake Washington Boulevard North. Based on our meeting, we understand that the proposed house would replace another that was damaged by a fire and has since been demolished. You have requested that staff determine the applicable setback from the Ordinary High Water Line(OHWL)of Lake Washington to the proposed residence. A copy of a recent survey was provided,and this survey shows the presence of a bulkhead retaining wall along an irregular shoreline. Staff reviewed the survey and researched the applicable Shoreline Master Program Regulations. The regulations require that residential structures setback 25 feet from the OHWL or as required through the zoning code,whichever is greater. In this instance,the greater setback is 25 feet from the OHWL. Measurement of the setback from the irregular shoreline is determined to be 25 feet landward from the OHWL to the easternmost property line,with measurement points taken by paralleling the north and south property lines: To appeal this determination,a written appeal-accompanied by the required$75.00 filing fee— must be filed with the City's Hearing Examiner(1055 South Grady Way,Renton,WA 98055, (425)430-6515)no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. Sincerely, Aidea24.. Neil Watts,Director Development Services Division cc: Jennifer Henning 1055 South Grady Way-Renton,Washington 98055 RENTON ®This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE 0 SENDER: I - ,v o wish to receive the _ ■Complete iten " i/or 2 for additional services. rn ■Complete iten I,and 4b. wing services(for an y ■Print your nan address on the reverse of this form so that we can return this o..a fee): card to you. > .Attach this form to the front of the mailpiece,or on the back if space does not 1. 0 Addressee's Address • :). permit. d ■Write'Return Receipt Requested'on the mailpiece below the article number. 2. 0 Restricted Delivery i r •The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. v 3.Article Addressed to: 4a.Article Number % ]� I IP _A��i z s�j D; S E , 1_ PgoVnS yp 4b.Service T e o N ll 0 Registered Certified I N i 2_2_ /" 3 L ❑ Express Mail 0 Insured . w CC f� f y/l ❑ Return Receipt for Merchandise 0 COD ra 1 L'4) -1-0/3/ W1 `?U V`S 7.Date of Delivery 4* R ` Tpy-,,* z � .G� m 5.Rece• ed By: rint-N-me) 8.Addressee's.'a e ress ,itify if r•quested • W .4/ c ' and feeisp a x _ I.. /; ,2'J�� rn i 6. ignature ••r see • —� y ' k ,-; ,,, ,,:) ii i t i iiiji �0 , 1 _/ it ti t i t ilitii i tug- . PS Form 3811. December 1994 Domestic Return Receipt • Fi«r-class Mail UNITED STATES POSTAL! :E -•, - ..� ge'&Fees-Paid- �' ,. F'�� I —_---"'-te,:,Bermit'No.G-10 — • Print your name, address, and ZIP Code:-Invth,is box•'" , I.( L:-1\121 L- Xfiu 1 d S Ss., 6 2 I D y ids/t/ )' tIJTOlL) k1-- ci1'03 10 jS iC ]j i ii i Sl i 1!'9 3 {+'} 4 j i jf #' 1 t{[F IIi1iitii�iii!!!i'!E!!f!ii!iiiii!i!iiiiiiiii!iiiii!!I!i=iiilii CIT . z OF RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman January 24, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Al Provost 1224 N 32nd Renton, WA 98056 Re: Provost Variance File No. LUA97-065,V • Dear Mr. and Mrs. Provost: This office issued a Decision on the above-referenced matter on August 14, 1997. That Decision required recording a restrictive covenant which would not allow any structures to be placed within any of the setback areas, and that it be maintained as open planted area or ground level patio. A draft form was sent on August 26, 1997,but this office has never received a completed covenant. . If we do not receive a completed covenant byFeb 7, 2000, this office will dismiss February the application with prejudice, and it will be treated as a denial of the request. Sincerely, Fred J. Kauf Hearing Examiner FJK:mm cc: Larry Warren, City Attorney Jennifer Henning, Development Services 1055 South Grady Way- Renton, Washington 98055 - (425)430-6515 Asa . __ ----- {� ra l t e � •S 1` N.'j: :i.i r: •ta ..- :a:-•:`,.:';i' :.j,'• i� '°L': i;ll':1'p'( �2�)K n'. L:2•:':: �7� ..L C;e:Y"N ;rfil.� _ - ;;'=�� '�:�<� '::Hearin`;Exainiiier::�-':+_',`��'t;�.•,�. =:' dJ`Ka` a Jesse Tanner Ma or • - . `Fre ufm n�. Apri114, 1998 Mr. and Mrs. Al Provost • 1224 N 32nd Renton, WA 98056 • Re: Provost Variance File No. LUA97-065,V • Dear Mr. and Mrs. Provost: • Your letter to Jay Covington was redirected to this office as you had the wrong name for the Hearing Examiner. This office has reviewed your letter and concerns. The covenants do-run with the land but so do the variances that were applied for by the applicant:>;The variances will alter the character and reduce the,required setbacks for as.long:as the structure remains. The covenants can probably reflect the fact that they would lapse when and if the structure or structures were removed and the lot restored;to.a vacant state,at which time new permits and variances,if necessary,would be required under the then affective regulations. If the conditions imposed with the approval were unsatisfactory;the applicant should have spoken up at that time. It is now too late to substantially alter the decision. Some of this could have been handled more effectively if the covenants in draft form had been submitted for review to the City.Attorney as instructed in the correspondence from this office. Sincerely, Fred J. Kau an Hearing Examiner cc: Jay Covington Larry Warren Jennifer Henning 200 Mill Avenue South -Renton,Washington 98055 - (206)235-2593 This paper contains 50%recycled material.20%post consumer • CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 30, 1998 TO: Fred Kaufman,Hearing Examiner FROM: Jennifer Toth Henning SUBJECT: Provost Variance(File No. LUA-97-065,V) The Provost's application for two Variances (one from the Shoreline Master Program, and the other from the development standards of the R-8 Zone)was approved in August, 1997 with conditions. The applicant wished to vary from the Shoreline Master Program requirements for a minimum 20-foot setback from the water's edge, and proposed a 10 foot setback from the water's edge. The second variance requested was to exceed the two-story building height limit of the R-8 Zone by one-story. The reconsideration/appeal period for the decision ended on August 28, 1997, and no appeals or requests for reconsideration were filed. On August 26, 1997, prior to the end of the appeal period, a letter was sent from the Hearing Examiner to the applicant, Mitch Williams (architect/contractor for the owner), reminding him of the appeal deadline, and providing instructions for the execution of the required restrictive covenants. Condition No. 2 states that the: "Applicant shall record a restrictive covenant that does not allow any sort of additional structures within any of the setback area and that it be maintained as open planted area or ground level patio." The letter(copy attached) states that: "Restrictive covenants, as outlined in the Examiner's Report and Decision, will have to be executed. These covenants must also be accompanied by a legal description of the property. Samples of the format are enclosed. The restrictive covenants must be approved by the City Attorney prior to execution. Therefore, please provide a copy of the draft covenants to our office and we will then forward them to the City Attorney for review. The required legal description will also require review and approval by the City as to correct format. After the covenants and legal description are approved, and the covenants executed, the matter will be considered final and the covenants will be filed with King County by the City Clerk." The property owners (the Provosts) apparently received a copy of the sample format for the restrictive covenants from the applicant, without benefit of the accompanying letter from your office. The Provosts recorded restrictive covenants for the property. Unfortunately, the covenants were not reviewed by your office or the City Attorney, prior to recording. The covenants included a sunset clause that would result in the expiration of the covenants on December 31, 2025. And, the restrictive covenants went beyond the Hearing Examiner's Condition No. 2 and included Conditions No. 2, 3, \\TS_SERVER\SYS2:\COMMON\-H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\PRVST.DOC\jth March 30, 1998 Page 2 and 4. I forwarded a copy of the covenants to Larry Warren for review. He approved the covenants as to form, provided the sunset clause is removed, as Condition No. 2 was intended to run with the land, in perpetuity. I have had several discussions with the Provosts. They thought that the sample restrictive covenant "duration" date was standard language and needed to be included in their document. They were not happy with the 27-year period that the covenant would be in effect, but they signed ("under protest") and recorded the document. The Provosts were quite surprised to find out that the covenant needs to be re-recorded to run with the land"in perpetuity". It appears that the new covenant does not need to include language regarding the boathouse and building height(previously recorded Restrictive Covenants No. 2 and No. 3). The Hearing Examiner Decision did not specify that any of the other conditions of approval, other than Condition No. 2 (regarding structures in the setback area),be recorded. The Provosts letter of March 19th appears to raise objections that should have been noted during the reconsideration/appeal period. However,they do raise a valid concern in the last paragraph. If in the future, City requirements change to be more permissive,then they should be required to meet the same restrictions imposed on other properties. There is a process they could go through to remove the restrictive covenant if City regulations no longer apply to the parcel. A description of the method is attached(see Policy and Procedure No. 400-13). The attached letter from the Provost's was addressed to Jay Covington. It should have been directed to you. A reply from your office appears to be in order. Could you direct the reply to the owners? They are: Al and Cyndie Provost, PO Box 823, Mercer Island, WA 98040. A copy should also be sent to the applicant: Mitch Williams, MF Williams Construction, PO Box 361, Mercer Island, WA 98040. Please feel free to contact me at 6186 should you have any questions. • .;; • CITY •F RENTON ealL Hearing Examiner Jesse Tanner,Mayor • Fred J.Kaufman August 26, 1997 0 Mr. Mitch Williams MF Williams Construction P.O. Box 361 Mercer Island, WA 98040 Re: Provost Variance File No. LUA-97-065,V Dear Mr. Williams: The filing deadline for request for reconsideration of the Examiner's decision is August 28, 1997 at 5:00 p.m. If the decision is not appealed,this office can then process the restrictive covenants and legal description required of your application. The covenants and legal description process is as follows: Restrictive covenants; as outlined in the Examiner's Report and Decision, will have to be executed. These covenants must also be accompanied by a legal description of the property. Samples of the format are enclosed. The restrictive covenants must be approved by the City Attorney prior to execution. Therefore,please provide a copy of the draft covenants to our office and we will then forward them to the City Attorney for review. The required legal description will also require review and approval by the City as to correct format. After the covenants and legal description are approved, and the covenants executed, the matter will be considered final and the covenants will be filed with King County by the City Clerk. Sincerely, Fred J. Kaufman Hearing Examiner FJK:mm Enclosures cc: Jennifer Henning City Clerk 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2593 • POLICY & PROCEDURE Subject: I Index: PLANNING/BUILDING/ REMOVAL AND/OR MODIFICATION OF I PUBLIC WORKS RESTRICTIVE COVENANTS I Number: 400-13 Effective Date I Supersedes I Page I Staff Contact I vApproved By 2/9/93 N/A 11 of 1 I Jim Hanson I GI w . 1.0 PURPOSE: To establish a procedure for the removal and/or.modification of restrictive covenants. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions 3.0 REFERENCES: N/A 4.0 POLICY: It shall be the policy of the City of Renton to formally consider the applicant's request for the removal or modification of restrictive covenants. Over time, the conditions prompting the original covenants may change. A formal process to allow the removal of restrictive covenants will allow the City to be responsive to changing site conditions. 5.0 DEFINITIONS: Restrictive Covenants: A restriction on the use of land usually set forth in the deed, but may also be added by the use of another recorded document. Restrictive covenants usually run with the land and, if running with the land, are binding upon subsequent owners of the properly. However, some restrictive covenants may run for specific periods of time. 6.0 PROCEDURE: 6.1 Property owners wishing to remove or alter restrictive covenants must submit a written application to the decision-making body, or its successor body or individual, which had the final authority to require the covenant originally. At minimum, the application must include a recorded copy of the restrictive covenants to be altered, legal description, and a letter explaining the need for removal/modification. 6.1.1 The fee, if any, will be as set forth in Section 5-5-1 or the Renton Municipal Code. 6.1.2 The City may require notification of surrounding property owners, beneficiaries of the covenant other than the general public and any parties of record. 6.1.3 The applicant must be able to demonstrate to the original decision-making body, or its successor that there has been a change in circumstances (i.e. new Comprehensive Plan designation or zoning designation) so as to make the covenant undesirable from the City's standpoint or that the covenants are duly burdensome on the property owner. Actions taken by the property owner cannot be used as a basis to claim undue burden. CITY ►F RENTON ..LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren DEVELOPMENT CITY OF RENTON MEMORANDUM MAR 16 1998 RECEIVED To: JenniferToth Henning From: Lawrence J. Warren, City Attorney Date: March 13, 1998 Subject: Declaration of Restrictive Covenants - Provost Residence Shoreline Variance (File No. LUA-97-065, V) The covenants are approved as to legal form with the exception that they should be in perpetuity, until the structures covered by the variance are removed or until further variances are obtained. • Lawrence J. Warren LJW:as. cc: Jay Covington A8:138.24. Post Office Box 626 - 1Q0 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 This paper contains 50%recycled material,20%post consumer • DECLARATION OF RESTRICTIVE COVENANTS WHEREAS Al and Cyndie Provost are 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 owners 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 owners hereby establish, grant and impose restrictions and covenants • running with the land herein above described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: RESTRICTIVE COVENANTS 1. No additional structures within any of the setback area are permitted, and that these areas shall be maintained as open planted.area or ground level patio. 2. The boathouse may be repaired but shall not be expanded in any direction or have any change in its bulk. 3. The actual physical height of the residence shall not exceed a plane of 30 feet above ground level. DURATION These covenants shall run with the land and expire on December 31,2025. If at any time improvements are • installed pursuant to these covenants, the portion of the.covenants pertaining to the specific installed improvements 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. • y e Provost • Al Provost STATE OF WASHINGTON ss. County of KING • On this day of 1997, before me personally appeared the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. • IN WITNESS WHEREOF, I have hereuiito set my hand and affixed my official seal the day and year first above written. • No,tEaty Public in and for the State of Washington, residing at. •• s - ";.:Diskette number: 0-49 LSC ALTA - B Number : A-357673 Date : NOVEMBER 13, 1986 at 8:30 r'. Amount : $135,000.00 • SCHEDULE A 1. Name of insured ALAN E. PROVOST, AN UNiMARRIED INDIVIDUAL AT DATE OF ACQUIRING TITLE • 2. Title to the estate or interest covered by this policy at the date hereof is vested in: THE NAMED INSURED 3. The estate or interest in the land described or referred to in this schedule covered by this policy is: Fee Simple Estate ' 4. The land referred to in this policy is located , in the County of King, State of Washington, and described as follows: . LOTS 49 AND 50, BLOCK "A" , C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, NO. 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; TOGETHER WITH SECOND CLASS SHORELANDS ADJOINING; AND • THE WESTERLY 15 FEET OF THAT PORTION OF FORMER NORTHERN PACIFIC RAILWAY COMPANY RIGHT-OF-WAY AS LIES BETWEEN THE NORTHERLY AND THE SOUTHERLY LINES OF SAID LOTS 49 AND 50. • • A-357673 PAGE 1 1EVELOPMENT PLANNING CITY OF RENTON Jay Covington MAR 2 5 1998 Variance Hearing Examiner City of Renton RECEIVED Re: File No. LUA-97-065, V March 19, 1998 • Dear Mr. Covington, Apparently, when your decision regarding our variance was sent to our builder, Mitch Williams, the document that was drafted to address the restrictive covenants you imposed on our variance was not sent to the Renton City Attorney for his review, as was requested in your letter. The result was that my wife and I signed and had recorded a document that was not approved by the City Attorney. In submitting our house plans to the building department, the City Attorney has raised a concern that the restrictive covenants submitted contain an expiration date, and he has directed that we must change the document to reflect the covenants "should be in perpetuity,...". Our position is that you added the restrictive covenants, in large part, to appease the one vocal neighbor who wrote about several concerns regarding our project. While we appreciated your decision in general, we did feel that the 27 year term that you imposed for the covenants was excessive with regard to its potential effect on my future property value above and beyond the existing restrictions of the permit process and the building code. Nothing that you itemized in those three covenants is allowed under current code and any project that would involve those areas of concern would require a building permit to be approved before proceeding. We signed the document under protest, but also with the knowledge that it was not forever. Now, however, the City Attorney wants us to sign away our rights in a revised document that will restrict us and every future owner of our proPerty to be bound by covenants that have no reference to what the current building code, or an amended code in the future may or may not require. We respectfully request that any revised document include a provision that limits its future adverse impact to our property to the same restrictions imposed on our neighbors and other Renton property owners; the existing building code and any current requirements in force at the time of any project involving the specific areas of concern addressed in your restrictive covenants. Respectfully, Al and Cyndie Provost , �� % \Jay Covington d Variance Hearing Examiner 0 City of Renton \016 Re: File No. LUA-97-065, V % X�h 2 10 March 19, 1998 �FAR�N • Dear Mr. Covington, Apparently; when your decision regarding our variance was sent to our builder, Mitch Williams, the document that was drafted to address the restrictive covenants you imposed on our variance was not sent to the Renton City Attorney for his review, as was requested in your letter. The result was that my wife and I signed and had recorded a document that was not approved by the City Attorney. in submitting our house plans to the building department, the City Attorney has raised a concern that the restrictive covenants submitted contain an expiration date, and he has directed that we must change the document to reflect the covenants "should be in perpetuity,...". Our position is that you added the restrictive covenants, in large part, to appease the one vocal neighbor who wrote about several concerns regarding our project. While we appreciated your decision in general, we did feel that the 27 year term that you imposed for the covenants was excessive with regard to its potential effect on my future property value above and beyond the existing restrictions of the permit process and the building code. Nothing that you itemized in those three covenants is allowed under current code and any project that would involve those areas of concern would require a building permit to be approved before proceeding. We signed the document under protest, but also with the knowledge that it was not forever. Now,'however, the City Attorney wants us to sign away our rights in a revised document that will restrict us and every future owner of our property to be bound by covenants that have no reference to what the current building code, or an amended code in the future may or may not require. We respectfully request that any revised document include a provision that limits its future adverse impact to our property to the same restrictions imposed on our neighbors and other Renton property owners; the existing building code and any current requirements in force at the time of any project involving the specific areas of concern addressed in your restrictive covenants. Respectfully, a ' - r • Z t. .- .. 1 - . . ' ' . . . . . - :., Aland Cyndie Provost . - ' .. ..= 40 4, CITE DF RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren DEVELOPMENT PLANNING CITY OF RENTON MEMORANDUM MAR 16 1996 RECEIVED To: JenniferToth Henning From: Lawrence J. Warren, City Attorney Date: March 13, 1998 Subject: Declaration of Restrictive Covenants - Provost Residence Shoreline Variance (File No. LUA-97-065, V) The covenants are approved as to legal form with the exception that they should be in perpetuity, until the structures covered by the variance are removed or until further variances are obtained. Lawrence J. Warren LJW:as. cc: . Jay Covington A8:138.24. • • Post Office Box 626 - 14 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 This paper contains 50%recycled material,20%post consumer rred t3ec(1)t CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 11, 1998 TO: Larry Warren FROM: Jennifer Toth Henning SUBJECT: Provost Residence Shoreline Variance(File No. LUA-97-065, V) The Hearing Examiner approved a Variance from the City's Shoreline Master Program for the above- referenced project in August, 1997, subject to five conditions. Condition No. 2 states that the: "Applicant shall record a restrictive covenant that does not allow any sort of additional structures within any of the setback area and that it be maintained as open planted area or ground level patio." A draft copy of the applicant's restrictive covenant is attached. Would you please review this draft and provide comments? It appears that the expiration date stated under "Duration" should be removed, since it appears that the Hearing Examiner's intent was for the covenants are to run with the land in perpetuity. Please feel free to contact me at 277-6186 if you have any questions. cc: Fred Kaufman,Hearing Examiner Jana Huerter,Land Use Supervisor \\TS_SERVER\SYS2:\COMMON\-H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\PROV311.DOC\jth Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 8 and the homes and boathouse to the north and on this lot also already impact others'views to some extent. 10. The public welfare will be preserved. Again,the property owner is merely being permitted to exercise rights exercised by others in this vicinity who have had similar constraints due to lot size or depth or width. The applicant will be observing the remaining bulk standards even while adding one additional story by not intruding into required sideyards or exceeding the permitted 30 foot height. 11. In conclusion,the variances requested appear reasonably necessary to allow the development of a not unreasonable single family dwelling in this location on these two preexisting legal although substandard parcels. DECISION AND RECOMMENDATION: The variances to allow a three-story single family home within 10 feet of the shoreline is approved subject to the following conditions: 1. The applicant shall develop a single family home as demonstrated in Exhibit 3. 2. Applicant shall record a restrictive covenant that does not allow any sort of additional structures within any of the setback area and that it be maintained as open planted area or ground level patio. 3. The boathouse may be repaired but shall not be expanded in any direction or have any change - in its bulk. 4. The actual physical height of the residence shall not exceed a plane of 30 feet above ground level. 5. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). ORDERED THIS 14th day of August, 1997. • FRED J. KA MAN HEARING EXAMINER TRANSMITTED THIS 14th day of August, 1997 to the parties of record: Jennifer Henning Mitch Williams Al Provost 200 Mill Avenue S P.O. Box 361 1224 N 32nd Renton, WA 98055 Mercer Island, WA 98040 Renton, WA 98056 ' 171--- DECLARATION OF RESTRICTIVE COVENANTS • WHEREAS Al and Cyndie Provost are the owners of the following real property in the City of Renton, County of King, State of Washington, described as Exhibit 'A' attached hereto. WI ILREAS, the owners 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 owners hereby establish, grant and impose restrictions and covenants running with the land herein above described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: RESTRICTIVE COVENANTS 1. No additional structures within any of the setback area are permitted, and that these areas shall be maintained as open planted area or ground level patio. 2. The boathouse may be repaired but shall not be expanded in any direction or have any change in its bulk. 3. The actual physical height of the residence shall not exceed a plane of 30 feet above ground level. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements 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. y e Provost .eig•f- --- --'7;r7---Z:q-- Al Provost STATE OF WASHINGTON ss. County of KING On this day of 1997, before me personally appeared the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. tio,E,Eary Public in and for the State of Washington, residing at . -TT ,:je:rit�i,:SL Y• •::_ :biskette number: 0-49 LSC • • ALTA - B • Number : A-357673 Date : NOVEMBER 13, 1986 at 8:30 A.M. Amount : $135,000.00 • • SCHEDULE A 1. Name of insured ALAN E. PROVOST, AN UNMARRIED INDIVIDUAL AT DATE OF ACQUIRING TITLE 2. Title to the estate or interest covered by this policy at the date hereof is vested in: THE NAMED INSURED 3. The estate or interest in the land described or referred to in this schedule covered by this policy is: • Fee Simple Estate 4. The land referred to in this policy is located in the County of King, State of Washington, and described as follows: LOTS 49 AND 50, BLOCK "A", C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, NO. 2, ACCORDING TO THE PLAT- RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; TOGETHER WITH SECOND CLASS SHORELANDS. ADJOINING; AND THE WESTERLY 15 FEET OF THAT PORTION OF FORMER NORTHERN PACIFIC RAILWAY COMPANY RIGHT-OF-WAY AS LIES BETWEEN THE NORTHERLY AND THE SOUTHERLY LINES OF SAID LOTS 49 AND 50. • • • • A-357673 . _ .:.. - -, ._. - ... . - 'PAGE %., j=. CITV _IF RENTON ..iL Hearing Examiner • Jesse Tanner,Mayor Fred J.Kaufman August 26, 1997 'Op c3k0Pr • Mr.Mitch Williams MF Williams Construction P.O. Box 361 Mercer Island, WA 98040 Re: Provost Variance . File No. LUA-97-065,V . Dear Mr. Williams: The filing deadline for request for reconsideration of the Examiner's decision is August 28, 1997 at 5:00 p.m.. If the decision is not appealed,this office can then process the restrictive covenants and legal description required of your application. The covenants and legal description process is as follows: . Restrictive covenants, as outlined in the Examiner's Report and Decision, will have to be executed. These covenants must also be accompanied by a legal description of the property. Samples of the format are enclosed. The restrictive covenants must be approved by the City Attorney prior to execution. Therefore,please provide a copy of the draft covenants to our office and we will then forward them to the City Attorney for review. The required legal description will also require review and approval by the City as to correct format. • After the covenants and legal description are approved, and the covenants executed,the matter will be considered final and the covenants will be filed with King County by the City Clerk. Sincerely, �^---- --- -� 0—r- mot= Fred J. Kaufman • Hearing Examiner r" S ti- t FJK:mm• 1 Ac5 .' �c 5 Enclosures S CAD\AIL" -"t\-eW• cc: Jennifer Henning City Clerk • , (A " _ l ,AA L,V-k 'M.5 6-(31r 200 Mill Avenue South- Renton, Washington 98055 - (206)235-2593 ®This paper contains 50°'.recycled material,20%post consumer DECLARATION OF RESTRICTIVE COVENANTS WHEREAS Al and Cyndie Provost are 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 owners 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 owners hereby establish, grant and impose restrictions and covenants running with the land herein above described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: . RESTRICTIVE COVENANTS 1. No additional structures within any of the setback area are permitted, and that these areas shall be maintained as open planted area or ground level patio. 2. The boathouse may be repaired but shall not be expanded in any direction or have any change in its bulk. 3. The actual physical height of the'residence shall not exceed a plane of 30 feet above ground level. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements 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. Cyndie Provost Al Provost STATE OF WASHINGTON ss. County of KING On this day of 1997, before me personally appeared the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. • • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • • Ngtrary Public in and for the State of Washington, residing at •- - • •- ' • •CITY �F RENTON • w `< Hearing Examiner , •Jesse Tanner,Mayor Fred J.Kaufman August 26, 1997 • Mr.Mitch Williams MF Williams Construction P.O. Box 361 Mercer Island, WA 98040 Re: Provost Variance File No. LUA-97-065,V Dear Mr. Williams: The filing deadline for request for reconsideration of the Examiner's decision is August 28, 1997 at 5:00 pin.. If the decision is not appealed,this office can then process the restrictive covenants and legal description required of your application. The covenants and legal description process is as follows: . Restrictive covenants, as outlined in the Examiner's Report'and Decision, will have to be executed. These covenants must also be accompanied by a legal description of the property. Samples of the format are enclosed. The restrictive covenants must be approved by the City Attorney prior to execution.. Therefore,please provide a copy of the draft covenants to our office and we will then forward them to the City Attorney for review. The required legal description will also require review and approval by the City as to correct format. After the covenants and legal description are approved, and the covenants executed,the matter will be considered final and the covenants will.be filed with King County by the City Clerk. Sincerely, Fred J. Kaufman Hearing Examiner • FJK:mm . Enclosures cc: Jennifer Henning City Clerk 200 Mill Avenue South-Renton,,Washington 98055 - (206)235-2593 64 This paper contains 50%recycled material,20%post consumer City of Renton File S tt P� No : • DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, (names of all owners of the property - including spous) are 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 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, 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: RESTRICTIVE COVENANTS (Type in conditions/restriction) DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. 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. (Place Name or names here with written signature on signature line and printed or typed signature beneath signature line.) STATE OF WASHINGTON ss. County of KING On this day of 1992, before me personally appeared 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. Notary Public in and for the State of Washington, residing at (ALL SIGNATURES MUST BE NOTARIZED) City of Renton Fi1P No : SA/01; "EXHIBIT A" PARCEL A: THAT PORTION OF THE EAST HALF THE NORTHWEST QUARTER OF SECTION 4 , TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLIAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88 DEGREES 19 ' 25" WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 445 FEET; THENCE NORTH 11 DEGREES 08 ' 29" WEST 181 . 55 FEET; THENCE NORTH 81 DEGREES 08 ' 29" WEST 98 . 20 FEET; THENCE NORTH 0 DEGREES 51 ' 31" EAST 232 . 97 FEET; THENCE NORTH 32 DEGREES 08 ' 29" WEST 499 . 09 FEET; THENCE NORTH 89 DEGREES 08 ' 29" WEST 169 . 83 FEET; THENCE NORTH 09 DEGREES 08 ' 29" WEST 104 . 29 FEET; THENCE NORTH 45 DEGREES 38 ' 29" WEST 343 . 30 FEET TO A POINT ON THE WEST LINE OF SAID SUBDIVISION, BEING SOUTH 0 DEGREES 51 ' 31" WEST 47 . 27 FEET FROM THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4 ; THENCE EAST 185 . 43 FEET; THENCE NORTH TO THE SOUTHWESTERLY MARGIN OF SOUTHEAST 97TH STREET; THENCE SOUTHERLY ALONG SAID MARGIN TO THE NORTHEASTERLY MARGIN OF 120TH PLACE SOUTHEAST; THENCE NORTHERLY AND WESTERLY ALONG SAID MARGIN TO A POINT ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE PLAT OF PARADISE ESTATES , ACCORDING TO THE. PLAT THEREOF RECORDED IN VOLUME 95 OF PLATS , PAGE 93 , IN KING COUNTY, WASHINGTON; THENCE NORTH ALONC-SAID SOUTHERLY EXTENSION TO THE SOUTHWEST CORNER OF SAID PLAT; THENCE SOUTH 88 DEGREES 15 ' 36" EAST ALONG THE SOUTH LINE OF SAID PLAT 555 . 64 FEET; THENCE SOUTH 01 DEGREE 16 ' 00" WEST 392 . 7 FEET; THENCE SOUTH 88 DEGREES 17 ' 00" EAST 555 . 64 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH 01 DEGREE 16 ' 00" WEST ALONG SAID EAST LINE 1 , 513 . 75 FEET TO THE TRUE POINT OF BEGINNING;' (ALSO KNOWN AS LOT A OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 585109 ) . AFFIDAVIT OF PUBLICATION Kristina Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 . NOTICE OF PUBLIC HEARING a daily newspaper published seven (7) times a week. Said newspaper is a legal RENTON HEARING EXAMINER N newspaper ofgeneralpublication and is now and has been for more than six months RENTON,Hearing will be held A Public will be held by the prior to the date of publication, referred to, printed and published in the English language Renton Hearing Examiner at his regular continually as a daily newspaper in Kent, King County, Washington. The South County meeting in the Council Chambers on the second floor of City Hall, Renton, Journal has been approved as a legal newspaper by order of the Superior Court of the Washington,on August 5, 1997 at 9:00 AM State of Washington for King County. to consider the following petitions: 65,V The notice in the exact form attached, was published in the South County PROVOST SHORT isPL two variances: es: Applicant requests two variances: (1) Journal (and not in supplemental form) which was regularly distributed to the subscribers from the Section 7.14.01B.of the Shoreline during the below stated period. The annexed notice, a Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet;and(2)from Code Section Notice of Public Hearing - Provost Short Plat 4.31.5D.9 in order to exceed the two-story height limit by one story.Location: North of 3707 Lake Washington Blvd. as published on: 7/25/97 RIEKER SHORT PLAT/LUA-97-083,V Applicant proposes to subdivide a The full amount of the fee charged for said fo going publication is the sum of$39.31 38,125 sq. ft. parcel into seven lots. Location: SW corner of NE 24th St. and Legal Number 3376 Aberdeen Ave.NE. Legal descriptions of the files noted above are on file in the Development Services Division, Third Floor, Municipal Building, Renton.All interested persons are L a rk South ount Journal invited to be present at the Public Hearing e9 y to express their opinions. Published in the South County Journal July 25, 1997.3376 Subscribed and sworn before me on this lid-day of 1 , 19 S / -7 �� o'FF li 1 y 1 Notary Public of the State of Washington • �•'' `' F-+Ao'y 11 residingin Renton o :()• N 0 T A R -- I0 King County, Washington ��Oi1 ' -1 LIBLIC � 41` 9,- ') yi1 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ) ss. County of King ) MARILYN MOSES , being first duly sworn,upon oath, deposes and states: That on the 14th day of August ,1997, affiant deposited in the mail of the United States a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. • Signature: i� k'1W7 SUBSCRIBED AND SWORN to before me this 7 h day of 45/1A/+ 1997. Notary Public ind fgt.the State of Washington, residing at +,"C O/NA, ,therein. Application, Petition, or Case No.: Provost Variance LUA97-065,V The Decision or Recommendation contains a complete list of the Parties of Record • 4' • • • 4 HEARING EXAMINER'S REPORT August 14, 1997 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V • LOCATION: North of 3707 Lake Washington Blvd.N SUMMARY OF REQUEST: Variance of the Shoreline Master Program to reduce the required 20 foot setback from the water's edge to 10 feet; and variance to exceed the two-story height limit by one story. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on July 29, 1997. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the August 5, 1997 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,August 5, 1997, at 10:05 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Vicinity map application,proof of posting,proof of publication and other documentation pertinent to this request. I . Exhibit No.3: Plot plan Exhibit No.4: Building elevations Exhibit No.5: Water boundary map Exhibit No.6: Streetscape of proposed site Exhibit No.7: Illustration of building height and story limit Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 2 The hearing opened with a presentation of the staff report by JENNIFER HENNING,Project Manager, Development Services, City of Renton,200 Mill Avenue South,Renton,Washington 98055. The applicant is requesting two variances. The first is a variance from the Shoreline Master Program(SMP)requirements and is a request for reduced rear yard setback. The SMP requires that there be a minimum of 20 feet from the water's edge to the structure. The applicant is requesting that a portion of the home be allowed to be located within 10 feet of the water's edge. The second variance being sought is a variance from the City's zoning code pertaining to the height of a single family residential structure. Those development standards specify that the height shall be limited to 30 feet, or to two stories. The applicant is proposing a building that would be between 29 and 30 feet in total height,but would be three stories. This site is located on the shores of Lake Washington and is reached by an existing private access easement. The neighborhood has developed generally with single family residential homes along the lake shore. These lots are unique in that the land area is rather small. The lots that comprise the subject parcel are 49 and 50 and the land area is about 3,300 square feet. It then extends to the west to the inner harbor line of the lake. A substantial portion of the property is actually under water. The boat house on the property will remain. An existing shed and garage on the property would be demolished. Because this property is located on both land and water,and because there is an existing rock wall across Lot 49,which is the north half of the subject parcel, it creates a Z-shaped land area in which the applicant could develop this particular property. To meet setbacks requirements,the maximum building pad area would be 960 square feet. The water is at least 56 feet from the southwest corner of the proposed structure. The 10 foot variance requested is from a column that is near the center of the home out to the rock wall. There is just a very short area, from 5 to 17 feet,that would be in the reduced setback area. The criteria for the SMP variance is that there are exceptional or extraordinary circumstances or conditions applying to the subject property that generally do not apply to other properties or shorelines in the same vicinity. The land area of the subject parcel is somewhat unusual because of the existing rock wall which shortens the land area and creates a Z-shaped building pad area. The applicant has contended that the shape of the lot coupled with the 20 foot setback requirement from the water's edge does unjustly restrict the building pad site for the home. A further criteria is that the variance is necessary for preservation and enjoyment of a substantial property right of the applicant that is also possessed by the owners of other properties on shorelines in the same vicinity. The requested variance would permit the applicant to construct a single family home that has a maximum footprint of approximately 960 square feet of floor area on each of three levels. This would preserve the applicant's right to develop a residential home that is either comparable or less than comparable to the other existing homes in the immediate vicinity of the proposed dwelling. Another criteria is that the variance permit would not be detrimental to the public welfare or injure properties on the shoreline in the same vicinity. This particular variance request would not result in impact to a natural beach area nor a public access point. The reduced setback would not impede views to,from or along the water's edge. The SMP encourages uses along the shoreline that do not obstruct views,that do not disturb the community and that have an appropriate design theme. The applicant is proposing a singlefamily home that meets the use, compatibility and aesthetic affects portion of the SMP. There appear to be adequate utilities available to serve the area. The proposed use would not exceed density allowed by the zoning code and it does meet the criteria noted in the residential development portion of the SMP. Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14,'i 997 Page 3 The design of the site and structure appear to be harmonious with the stated policies of the SMP. The first floor of the proposed structure would be garage,a beach room and a bath area. The second story would be kitchen, dining,bathroom, and the third story would have a master bedroom,bath area,and a small guest room. It would result in approximately 2,480 square feet of living area. It would have a flat roof. Regarding the zoning variance,the applicant is requesting relief from the story requirement as defined in the height portion of the zoning code. They would like to build a structure that is between 29 and 30 feet in height which is permitted by the code,but they would like to do this in three stories;not two stories as dictated by code. The adjacent home to the south is presently a pitched roof and is about 35 feet in height. The applicant contends that the height variance is necessary because of the size and shape of the existing parcel and in order to comply with the setback requirements of the zoning code. Given the current setbacks the maximum building footprint would be 960 square feet. That would allow a total of 1,920 square feet if they were to build a two- story dwelling,but would include the two-car garage. The actual living space of the house would be 1,480 square feet. There are two existing new homes located to the north that are three story structures and are considerably larger than 1,920 square feet. The SMP does allow structures along the shoreline up.to 35 feet in height,but the City's zoning code does not allow that height. Granting of the height variance does not affect adjacent sight lines which allow views to Lake Washington. This is because of the low elevation of the subject parcel in relation to the raised Burlington northern right-of- way to the east. In addition,the maximum height of the three story structure would not exceed the overall height limit which is 30 feet allowed in the R-8 zone. The proposed structure would not exceed the existing height of the adjacent residence to the south. Staff recommends approval of both the SMP variance for the reduced rear yard setback and also the height variance from the zoning code, subject to conditions. The first condition is that the height of the residence would not exceed the maximum allowed height of the applicable zone as measured in feet that is in effect at the time the application is made for building permit. The second condition is that the minimum_allowable setback from the water's edge shall not be any less than 10 feet being requested and only in that area that is problematic with regard to the rock wall. Staff would also request a restrictive covenant be recorded that does not allow any sort of structures within that 10 foot area and that it be maintained as open planted area or ground level patio. A further recommended condition is that applicant be required to obtain all the necessary permits and approvals for the proposal, including building permits,certificate of water and sewer availability,and to comply with all code requirements. Mitch Williams,P.O.Box 361,Mercer Island,Washington,98040,applicant herein, illustrated the setback area requested. He explained that the particular design of the structure is two-fold--to make the house more interesting aesthetically, and to provide a small access area to get from the garage and out to the beach and provide a bath area for waterfront beach activities. The building footprint itself is rather small. When the applicant purchased the property in 1986 the zoning code allowed three story structures. Mr.Williams stated that they had accommodated the parking for the property immediately to the south as requested by staff. He added that the overall characteristics of the new homes to the north are of a fairly high degree of construction standards. They are aesthetically pleasing and the initial impression is they are all larger than the property construction being proposed here. Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 4 Al Provost, 1224 N. 32nd,Renton,Washington 98056,owner herein,explained the history of his ownership of the subject site and adjacent Lots 51 and 52. Regarding the existing boathouse,he related the events of a recent windstorm wherein a portion of an attached lean-to had blown onto a neighbor's dock. He stated the boathouse has been there for a long time and is structurally sound,built with four 14 x 10 inch beams overhead. He would be willing to have the boathouse inspected. Mr.Provost further explained some of the unusual circumstances that prompted the shoreline variance, particularly the angled curve on Lot 49. In looking at the 13 houses that are accessed off the street that goes to the north,there would still be 9 houses out of those 13 houses that are bigger than their proposed house,even with the variances. He also stated that because of the location of the site,there will be no impact to the view from adjacent houses. There are currently two evergreen trees on the property which applicant plans to keep. Steven Altringer, 3701 Wells Avenue North,Renton,Washington 98056, stated that he owns 600 feet from Lake Washington Boulevard to Wells Avenue all the way up the hill. He has no objection to the building,but he would like to see the trees removed. His main concern was with the height variance and whether it was setting a precedence for future variances. At some time in the future he plans to short plat his property and will ask for the same variance. The Examiner explained that this applicant was dealing with an unusually small non-submerged surface land area,and that Mr.Altringer would have to show the various hardships and the physical and topographical constraints that would allow a variance. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 11:00 a.m. FINDINGS,CONCLUSIONS&DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Mitch Williams for Al and Cindy Provost,filed requests for approval of a variance to allow a three-story single family residence,and for approval of a variance to allow a 10 foot rear yard setback from the shoreline of Lake Washington. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official,determined that the proposal is exempt from an environmental assessment. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 3707 Lake Washington Boulevard North. Actually,the site is accessed by a separate roadway off Lake Washington Boulevard. The property,consisting of two side-by-side parcels, is located on the shoreline of Lake Washington. Mitch Williams - MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 5 6. The subject site was annexed to the City over a number of months with the adoption of Ordinances 1791, 1800 and 1804 enacted between September and December of 1959. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family uses,but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is zoned R-8 which permits up to eight single family homes per acre. 9. As noted,the subject site consists of two lots with part of each lot,submerged below the surface of the lake. These parcels are each approximately 20 feet wide. The upland or dry portions of these lots vary in length. The northernmost parcel is approximately 71 feet long and the southern adjoining parcel is approximately 100 feet long. 10. The shoreline or edge of these parcels is clearly defined by a zigzagging rock wall or bulkhead. There is no natural shoreline. 11. Currently,a 20 foot wide and 40 foot deep boathouse is located approximately 12 feet out from the shore of the northern parcel and is connected to the shore by a narrow pier. It suffered wind damage this winter and is in need of repair. 12. An approximately 8 foot square shed is located along the water's edge on the northern lot. It will be removed. 13. Section 4-31-5(D)(9)(a)restricts the height of single family dwellings as follows: The height of a dwelling or structure shall neither exceed two(2)stories nor thirty feet (30')in height and shall not conflict with the airport height restrictions of Section 4-31- 17 of this Chapter. 14. Therefore,the applicant has requested a variance to allow the building to be three(3) stories tall. 15. The City's Shoreline Master Program requires single family homes to be set back 20 feet from the shoreline of Lake Washington(Section 4.07.02(D)). The applicant has proposed a minimum setback of ten(10)feet from the lake. 16. The proposed footprint and three-story height is intended to yield a reasonable single family dwelling. There would be a ground level footprint of 960 square feet. The two-car garage of 400 square feet would leave a two-story home with 1,500 square feet. Projected over three stories,the home would be approximately 2,880 square feet less 400 square feet or approximately 2,480 square feet. 17. The plot plan and building footprint shows the house follows the irregular stepped western or shoreward property line. This creates a setback in one location which is reduced to 10 feet at a corner or angle where the house facade turns back away from the shoreline. 18. The underlying applicants own the adjoining two parcels to the south. An existing home is located on that property. Mitch Williams MF Williams Construction Provost Variance File No.:LUA-97-065,V August 14, 1997 Page 6 19. There are single family homes both north and south of the subject site. A review of the area shows that the shoreline makes a substantial jog directly in the middle of the applicant's current property. The development of a dwelling as proposed would not severely impact the views of adjacent parcels due to the staggered nature of the shoreline. Other homes in the area are both larger and smaller than that proposed in this case. 20. The proposed home would be less than the 30 feet height permitted in the zone,but a recent change in regulations limited homes to two stories in height. 21. A review of variance applications for properties along the shoreline show variances both denied and approved. It appears that each variance determined the unique circumstances of each parcel vis a vis upland area and parcel width and depth. CONCLUSIONS: Height Variance 1. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as:the size,shape, topography,or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property appears ripe for the variance requested. 2. The property in question which combines two approximately 20 foot wide lots in order to create one building pad is severely constrained by the shoreline and Lake Washington. Not only are the parcels of unequal length,but a large portion of these side-by-side lots are submerged below the lake's surface. Most of the newer houses along the shoreline in this vicinity have fully exploited their limited unsubmerged area by reducing one or more setbacks to increase the footprint area. In this case,the lot still constrains the development of a reasonable dwelling,particularly when compared with these newer neighbors. 3. Approval of a variance to allow a three-story home will not materially harm either the public or neighboring properties. The main reason being that the zone permits a home to be 30 feet tall in any event and the proposed home will not exceed that limit. It also appears that due to the shape of the shoreline and the location of other homes along the shoreline that this dwelling would not significantly intrude in the existing viewscape. Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 7 4. As noted, other variances have been issued when the underlying parcels were significantly constrained by their size or shape. Granting of this variance should not create any special privilege and is not inconsistent with what has occurred on other nearby properties. 5. The variance for one additional floor is the minimum,given the other constraints that already limit the developable lot area. Again,the additional floor will not exceed the absolute 30 foot height limit imposed on this zone. Shoreline Variance 6. In addition to the criteria noted above,shoreline variances are subject to some additional review criteria taking into consideration the unique and fragile environment along the shoreline. Those particular criteria are: a. Exceptional or extraordinary circumstances or conditions applying to the subject property,or to the intended use thereof,that do not apply generally to other properties on shorelines in the same vicinity. b. The variance permit is necessary of the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. c. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. d. The variance granted will be in harmony with the general purpose and intent of this Master Program. e. The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it,the variance will be denied,but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. 7. As discussed above,the shape and overall depth of the upland,unsubmerged combined parcel create unique or exceptional circumstances justifying variance relief. The combined width of the two parcels is approximately 40 feet wide. The two parcels are two different lengths,creating an awkward land mass on which to construct a reasonably sized single family home. The home more or less attempts to follow the outline of the combined parcel and one corner of the home would be within 10 feet of the shoreline while most of the bulk would be set back a greater distance overall. 8. Since variances from the shoreline setback have been granted under similar circumstances where the lot depth or overall width was generally substandard,the approval of this variance will preserve the property right for this applicant as is enjoyed by similarly situated properties along the shoreline. 9. Due to the shape of the property and the nature of the shoreline,the addition of the home permitted by variance approval will not be materially detrimental to either the public welfare or other property in this vicinity. Staff has recommended that no additional above ground intrusions be permitted in the remaining setback,thereby assuring that any intrusion will be limited. The existing home to the south Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 8 and the homes and boathouse to the north and on this lot also already impact others'views to some extent. 10. The public welfare will be preserved. Again,the property owner is merely being permitted to exercise rights exercised by others in this vicinity who have had similar constraints due to lot size or depth or width. The applicant will be observing the remaining bulk standards even while adding one additional story by not intruding into required sideyards or exceeding the permitted 30 foot height. 11. In conclusion,the variances requested appear reasonably necessary to allow the development of a not unreasonable single family dwelling in this location on these two preexisting legal although substandard parcels. DECISION AND RECOMMENDATION: The variances to allow a three-story single family home within 10 feet of the shoreline is approved subject to the following conditions: 1. The applicant shall develop a single family home as demonstrated in Exhibit 3. 2. Applicant shall record a restrictive covenant that does not allow any sort of additional structures within any of the setback area and that it be maintained as open planted area or ground level patio. 3. The boathouse may be repaired but shall not be expanded in any direction or have any change in its bulk. 4. The actual physical height of the residence shall not exceed a plane of 30 feet above ground level. 5. The applicant shall be required to obtain all other necessary permits and approvals for the proposal(i.e. building permit, certificate of water and sewer availability,etc.). ORDERED THIS 14th day of August, 1997. L�� 1 FRED J.KA 'MAN HEARING EXAMINER TRANSMITTED THIS 14th dayof August, 1997 to the parties of record: g Jennifer Henning Mitch Williams Al Provost 200 Mill Avenue S P.O.Box 361 1224 N 32nd Renton,WA 98055 Mercer Island, WA 98040 Renton,WA 98056 Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 9 Steven Altringer Clark and Barbara Van Bogart John Burdick 3701 Wells Avenue N 3711 Lake Washington Blvd N 3713 Lake Washington Blvd N Renton, WA 98056 Renton,WA 98056 Renton,WA 98056 Dewey Rancourt 3724 Lake Washington Blvd N Renton,WA 98056 TRANSMITTED THIS 14th day of August, 1997 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren,City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV, Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,August 28, 1997. Any aggrieved person feeling that the decision of the Examiner is ambiguous or 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 a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered 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,Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. The Shoreline Variance is a recommendation to the Washington State Department of Ecology,which shall take final action on the matter. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. Mitch Williams MF Williams Construction Provost Variance File No.: LUA-97-065,V August 14, 1997 Page 10 All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. 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NORTH, RANGE 5 EAST. W.M. • SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON • • / ' ' ' (G r, .FE�Try-b ill-2's k Tom' ' / / KrDx.SC `� ' PROPERTY LINE 1% /, __--+-`-_.----•+---•— —w�';' { ,'r•0 �r • }'' -- _/ J e / PNOIECTOATA ^(� ]aT / _ I. •`� l' I / AI A Ciro!,DnNN,Rat 4 9 .1....DRoat.ovrn -Ofi p •no=e•.'c''''s'S`)-', 8 / TM LAM WNNnrmn BIN NRamon WA . • .ar ,t t '•"• P o SCAlob Na9]-0a e= OM 1.. E [^D .. to 0'ur G••Lo / Aib.•xk 52h1 } PROPERTY LINE a `RP�e / RoWd SUM ] r 1/ / : :1- - • • • De .4 t _.� (e FTT.FITTgPo / g .. Paling Provided ]c.nr.Ee 5 0 . • I ( �(•-•� l.�•— ';1•1• .AR'• /- - —. •I . / 4? ]CUE•S.•-rD Am..sle enm�rtMs l.nr >P4 T k fo• `' / , / �1 0 ,o 20 SWR, PROPERTY LINE 4 •• T e y 7a a•�• -r • anteing serer l/1—\..-- , •ILL � _ it L`•" v v1]Of•<'»> Fmlf }R4 ] j � L••I �7�,Q•R `/ • / 2_EL LEGEND Re.,..r•rro.e.Nn 10.4 I1 ' ' riC sR:smWermule sxlAc PROPER" r I ,/,' . _ , -•.'• I- .-c•-� R�L r 1 �/ +, rr . FINISx FLOOR eRJaR}Square fmrK ,e b 1�}' rR . ..ATER NEM 13,eem FlooPPeer Mei STOL� PE .L NE •-RLr I 4: ` , o/ [r. . EDC•E P•LI.cNT • IThd rnw seat • i °tC• • ..,." 'i � a-fir/ , �O u w aaAa __.. Gantt M]T.uv MAI �F:<n.e.", •• •.T, f/'- • R• r BOX ruxc,i ON eoc TOTAL 2.40.E S 2 ; , / m/, • Y L` T, - o ••• I+ • -- / - EON9MENI USED • I 3 SEC.,NEON•TOPGVN NOLO PROPERTY TINE , /. �9' / Pry PROCEDURE USED ,e• ••L� `1•-s•r FIELD RAPERS! f OTEA.4E£ATINaIF,FLtc¢-PLAN`DNEET 24 Ce}IZ BASIS of BEARING POP•LdnT1ON aF Fruf"` N• 1EELLRo or Sta.,AS RECORDED UNDER ACN µP-1.1-RG�°F WF IN F T1a %i a 7/I"`^�/ • "0,1-oT.4 165. 4y •,• • YY �,� //T!.[(LJ•1(��'[ vERTIC AL •DATUM il " �� CITY of MENTON•.2.0 ELEV.•} S FDUNG ST•PGYD Cot t ' 1.411lrC SUP•E•TCOSI / IS 00 01RR BPOST NoNL S1•0r[D N Se•IDS,.SEl \ ,D CONCR(1[POST bNUgNI rROU[C11 rfi APIROr 0.3' •eO•(G2Or N`TATD•LE.:g.T a Ix[IL• IL Tx(co+SIR 1[D Ix1ENs[CT I ON o<ST LW PIN13r.1 S ILTD.FIT O EN f[LE•DIxO TO ENE NEST LW N 1a.r Sr \•10,• LEARN.To THE t•Sr.ono+n.r No.Tx4upL•d cn • ]A'�=•�L / LE...WON lLro. • I LEGAL DESCRIPTION LOTS•D-S2.BLOCK•. NCLUSITE CD NILLIW'S LORE _ / •IN ."02 1 I•GE 0�(RECOS DS.O eI1 NOEtOWIi1' .ASINOTON.- � ` • / I: NYN OFC D 1.117 1r10[SIL. _ / ifE•SERENTS.0A LOCA]ION Or UTILITIES IESCEP] SNORT., . k--65\ / I•/4f , +a yr ATE 1ESU2l TC4 tRVEB °E° L,N c•n,•.ro oPse2m e sUT WIMP - -- Bennett PS&E INC. PROVOST RESIDENCE MAY 4,1997 °{O�HY` SURVEYORS MI)ENGNEERS ' I Cr �• P.O. BOX ON PN,�LP VA.B6371 SETBACK AND ALLOWABLE STORY °urt4 BY:LE( AID EftPUYALLUP 845-8833 SEATTLE 838-3474 VARIENCE _CB PIPEER f ,•: .. 3eo FL {J 1 C 1 . 1 A [ ,,,,,...InIi`II 1,.,11IP11,„,,„„ii I,•.I— �, WIW .../ 7 di, •A • • _ N yvi .,:."y �J, n a r$, Vic'FL.. q9 I,�' r,11 � A r r.- N 6„ r '•• Y 1� y� • ... II' Idllllllll llf I II11�I m. :: s .4 _ FIN.FL t71•sgl x.r---- ,.....---.0p, z.......-.4. ....., 44 . y o Flu.�wsvE t2a.� 1 �-i SOUTH ELEVATION LAkE.7 (E) Rock W LL SCALE:I/B'•1'-0' (e)'mu-07 ro tt-Er16I 1. I nl 11 • k' I —/' --- odk,\*; a t` • • - �6• : III J- - ..__.... v • e '10GVw�.., . III RY, --- --_--_— I • ..I -_..-- -. - a li . • ,'A-�2> a I • - ---------- nil ° _�I rIPLI i St - IL,y_ . PROPOSED NEW RESIDENCE EXISTING RESIDENCE EAST ELEVATION SCALE:I/B'.1'-0• AL AND CINDY PROVOST RESIDENCE 3707 LAKE WASHINGTON BLVD N. RENTON.WASHINGTON CE) IS/ �s5'' 4i,... , __________-.. _.._.T fi 'll — pp- PERrr SINE __ 1 PI SET6�cJt (--LAwnt - ---) 7 kQg_R-i DC1E-- ` 5 r e L-CE.)twirl-lane.-7 ,L d Lor 4.9 — — — — —4.....,......e.,.. \E� ` '�i / Ln-tu7 f I C�p/y�E I J \ CE)Fcr1cI.InLL o‘ l I I , I E)TI £5 ro / 546k�. I / f , stxl s of CE.)'spWiLT' 1 1�Irl i UFAGFJ RN I i ;'_ , J ,. Lor �� I M) R.sc t=re,aa 0 1` ue,-I 4 rE) 14 4 -4-2,,ET1 k ( , 1 3.te)-4 L./INN-�` 7—` \ -------er iE of M-1.4,1-+.RSTE. + - I I / (E.)PnTI4 1, I (r:)core.I-L LL•-- I N I FIRST LEVEL PLAN • 0,41N., _ Er_. . GOEsr a, M-enw-+, uavr+ • - j • ICIr ri! Q E �� N/hIT O ♦ Fc _p- 1p1ii:lI s II. n-W[1 ,0 i = ,H 'E"5 IIIMTDF1I I ff ,Iiinim1 Sr ; "D'ne D Io HIIHIHI _, SECOND LEVEL PLAN THIRD LEVEL PLAN AL AND CINDY PROVOST RESIDENCE 3707 LAKE WASHINGTON BLVD N. RENTON.WASHINGTON • D&.TLLP - Seattle 8/, '1997 8 : 21 PAGE RightFAX • Deloitte & Touche LIP Fax Transmission To; Office: Fred Kaufman Hearing Examiner Fax Number: • 235-2513 Comments; • • • From: Office: Barbara Van Bogart Seattle Fax Number: Number of Pages(including this one); 206-233-7501 03 Date: To confirm receipt, or if you do not receive all pages, please call: Tue 08/05/97 08:20AM 206-233-7501 Confidentiality Notice:This page and any accompanying dcouments contain confidential information intended for a specific individual and purpose.This tel®pied information is private end protected by law.If you are not the intended recipient,you are hereby notified that any disclosure,copying a distribution,or the taking of any action based on the contents of this information,is strictly prohibited. DeloltteThuehe Global Leaders in u OJLw I Accounting and Auditing, • T ohmateOIIa� Management Consulting Internatiand Tax Services DLT LLP - Seattle 8 /1997 8 : 21 PAGE 3 RightFAX VIA FAX- 235-2513 PLEASE DELIVER BY 9:00 A,M, August 5, 1997 Mr. Fred Kaufman Hearing Examiner City of Renton RE: Project Name-Provost Variance Project Number-LUA 97-065, V We are unable to be present during today's hearing to determine whether two variances should be granted for the above described proposed project. As adjacent neighbors, we have concerns about the City granting these variances, and they are as follows. We understand variances may be granted if"exceptional or extraordinary circumstances or conditions applying to the subject property...do not apply generally to other properties on shorelines in the same vicinity." Also, "the variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity". We further understand Mr. and Mrs. Provost own Lots 51 and 52, An older home currently occupies portions of these two 20' lots. When the builder of our home directly to the north of Lots 49 and 50 applied for a variance of the setback from 20' to 10', it was rejected. Modifications had to be made in order to accommodate the at least 15 foot setback by which the builder of our home was obliged to abide. All of this being said, since the Provosts also own Lots 51 and 52, we are at a loss to understand how"exceptional or extraordinary circumstances"would exist in order to meet the language of the law in granting the applied for variance. We doubt the City's intent was to grant variances where other options exist, in this case utilizing Lots 51 and 52. Should the variances be granted, we assume.appropriate drainage would be required to alleviate any additional water flowing from Lots 49 and 50 to our property. We have already been subjected to additional water flow from the newly reconstructed approach to the railroad tracks which causes water accumulation on the lane and onto our property. As a final note, and should there be another avenue we should use please let us know, we request a building inspector determine whether the existing structure now called the boat house is structurally safe. We suffered approximately$4500 worth of damage in a recent windstorm which left the boathouse in a precarious condition. Portions of beams, the roof and other loose D&T LLP - Seattle 8_ /1997 8 : 21 PAGE, 3 RightFAX • timbers ended up on our dock, patio and boatlifts, Since no effort has been made to repair the remaining loose timbers on the boathouse, we are concerned about the structural integrity of this building. Very truly yours, Barbara and Clark Van Bogart L CITY OF RENTON EXEMPTION FROM SHORELINE MANAGEMENT ACT SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENT AUGUST 1, 1997 EXEMPTION FILE NO.: LUA-97-065, V, SME APPLICANT: Mitch Williams (MF Williams Construction, Inc.) for All and Cindy Provost PROPOSAL: Construction of new single family home PROJECT LOCATION: north of 3707 Lake Washington Boulevard LEGAL DESCRIPTION: Lots 49-50, Block A, Inclusive CS Hillman's Lake Washington Garden of Eden No. 2. Recorded in Volume II of Plats at Page 64. Records of King County, Washington. SEC-TWNP-R: Section 32, Township 24N, Range 5 E WATER BODY/WETLAND: Lake Washington CORPS PUBLIC NOTICE NO.: N/A An exemption from a Shoreline Management Substantial Development Permit is hereby granted on the proposed project described on the attached form for the following reason(s): Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. Construction of the normal protective bulkhead common to single-family residences. Emergency construction necessary to protect property from damage by the elements. Construction of a barn or similar agricultural structure on wetlands. Construction or modification of navigational aids such as channel markers and anchor buoys. _X_ Construction on wetlands by an owner, lessee, or contract purchaser of a single-family residence for his own use or for the use of his family which does not exceed a height of thirty- five (35) feet above average grade level. Construction value does not exceed $2,500 and project does not materially interfere with the water or shorelines of the state. Construction of a dock designed for pleasure crafts only for the non-commercial use of the owner of a single-family residence provided the cost does not exceed $2,500. SHLEXMPT.DOC The proposed development is consistent or inconsistent with (check one): CONSISTENT INCONSISTENT Policies of the Shoreline Management Act. The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. X The Master Program. XjAci /frifitze,eitii" V/07 Gregg n• rman, Administrator Planning/ wilding/Public Works Department Attachments: Vicinity Map cc: Applicant Bob Arthur File • SHLEXMPT.DOC . Y / __+` ei 4? sa,•S • ' N. • 40TH . j 32.00 Acres_ _ PY. ;,; t... �7. • ,4 _ v 88 :•; /G170'./ri7QRl$./Q _7...' E f`� ^. • .7•' V. in,H I L. _ wv•� ._3.+- •, ! ` 87/ L�P7' -MI II AS • f Q icy 1 .t: ' u,• • sr w= 71 s. • :c/f :,> '" / _.fit .7 3 a s" 7 9 6 54 1 NOA - Z =s= I p ti;. �D.' 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Z .."7 ®, • 1 .. { S , •l'-8. a• ,a Is'V.: Ii t1'!t :a`,-.1 R r,9.1.„5 1 1 i ++:t 1 40 .)V,-'a. 36 '� M:73%10 )�0?,.1.1.. 250 _ 6I � ::Inl� 7 I��axl7'r .•I se is7.t >1 0 1 - " " -•DTI f I-D _, . N. ' f H ST. �•o•�t i I s.7ats ) ( I so u,,so r I ),n �a; ) i T. ;t65 .•• L,+y ®; 47it If ' e '.o n .•Id is I i;;..e like I ee•• iJ 7_ fir t` L �.d_ •J. - J �L' d . '�Y ..F.-#1•_ 9 S.80-n .� I --.7 _ ; =�- ,/ ._fir-, i a � T aop) 11 1,'7•�6•if. ; e7I ,�^a 1 7 X 75• �3,.:01 151 I so7„ ,e I 7 is _.. Sys. y A'O a_�e>s>� . N. " `34TH ' 'ST.-' 1`` —I I I° I i I ' 1•._•usI:n,lrsu.1I-s I.._: : I- I K.I,05)U.:so Its:,A i4I • 1 ;,, •;i.. anj1 I f--,—,. .," CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING • On the 3 o day of .,Liam , 1997, I deposited in the mails of the United States, a sealed envelope containing Rapo r"t tD twc Akeorw�w EX elra_wmv� - documents. This information was sent to: •3 Name Representing „A td LIttIta.wts Pit awd Ctvvil Pbvoq Buyc is k_ 8bY4c O L Vavvbc rt- Oe w Kav1ccuv-1 (Signature of Sender) 'Ndle__�(, . Sccabyer' STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for e uses and purposes mentioned in the instrument. —yy, Dated: �- o;D, l%97 // 2a hd Notary Publi and for the State of W ington r Notary (Print) MARILYN KAMCHEFF •• , ; .; My appointment expixiimmeatexpmessuae s. • ,Pr6;ecfeN me 1ruvoiCr Restdevvice: V0.vtawrc.es Project Number: -065 NOTARY.DOC City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: atek4s COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: LOCATION: North of 3707 Lake Washington Boulevard SITE AREA: 3,363 Sq.Ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01 B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the waters edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major information Environment Minor Major Information Impacts impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14 000 Feet B. POLICY-RELATED COMMENTS a/If--/If° t) lg.")AL-% C. CODE-RELATED COMMENTS • We have reviewed this application with particular attention to those areas ink hich we have expertise and have identified areas of probable Impact or areas where additional information is needed to property ssess this proposal. /1(CO Signature of Director or Authorized Represen a we Dat DEVAPP.DOC Rev.10/93 :«<: >::>::>::>:<::«:;::»::::>::>::>::::>::>:<:><:::::>::>::::>::>::::>::::::»:«::<: AUG •US •T:;S=' .................................................................................... .. G ;:7he::;a . .Ixcatrcn s>Listed..a.�. .:.d::��fi.:nice.........:... .�xh....:.:...........�:...::................ called:far:.::hea.n.n >:at::the:discr..etion:::of:>theHeatin :::Examen.ar»:::»> ::»:;>:<:>:<;:<;:<:::«::: .::.:...........:....................... ......................................................................�...........:....:.............:.....:.:..:::.:.�::::.�.: • PROJECT NAME: RIEKER SHORT PLAT PROJECT NUMBER: LUA-97-083,SHPL PROJECT DESCRIPTION: Applicant proposes to subdivide a 38,125 sq.ft. parcel into seven lots. Location: SW corner of NE 24th St. and Aberdeen Ave. NE. PROJECT NAME: PROVOST VARIANCES PROJECT NUMBER: LUA-97-065,V PROJECT DESCRIPTION: Applicant requests two variances: (1) from the Section 7.14.01 B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 • feet; and (2) from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. Location: North of 3707 Lake Washington Blvd. • • AGNDA.DOC .M City of Renton - PUBLIC Department of Planning/Building/Public Works HEARING PRELIMINARY REPORT TO THE HEARING EXAMINE• R A. SUMMARY AND PURPOSE OF REQUEST: . Public Hearing Date: August 5, 1997 Project Name: Provost Variances Applicant/ Mitch Williams Address: MF Williams Construction, Inc. PO Box 381 Mercer Island, WA 98040 Owner/ Al and Cindy Provost Address: 3703 Lake Washington Blvd. North Renton, WA 98056 File Number: LUA-097-065, V Project Manager: Jennifer Toth Henning Project Description: Applicant requests two variances: (1) from Section 7.14.01.B, of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and (2) from Code Section 4.31.5D.9 in order to exceed the two- story height limit by one story. Project Location: North of 3707 Lake Washington Boulevard North J —r z 4 g,°•2 - N. - ' 40TH J /• ov f. Lo r;` oa�a 89 i �i 32.00 Acres= , 4�� ; G/NE of /, cr•4-4 p -ems _:, E�oo h ],�,. m �F, 'goo,. ..," -tiz.-; /v ISLE, ND P.° ,s-�a. L i .�. Q- 1 1! 1 �. ' --''e1 R r N. a 38TH 3 9 I i -i 4- a ,-, i i S ,.. I.I�I L. , I®.Qee� I[J: QEa/ %, i f 11 l'l21 N UI a 3�'ll (� A, 100 `-O_` . 91E ' __ -^ ¢ =: ITS.= 5 , _ fri3i�y c r+' s--, all�'il lzl° 5-...._.I —., �`.00 - _� /�i� ----�-,,� - �,%-�%' �svos-e� • l'1� F � P.359�9� - : .GI ,n a N. 37 T Ts°, aisii`r sai s!I I,'.] I ,�r�.,5 iii-;l a w0,ti<I{ .c -1.41-1.L{ ZY.°,'1'`e'u v N'• r• • _,'1�' �',.,,,�,.��r�-,p�°� m.i e l 0i �`„-•-=e�ohs•. '-" r a _ ..� _ l x N. 36TH 90 • x'.I ,.l l'IrJ �- '' 'tea - - e 47;ti • L6: Ink l 4 : l al,.'a'h - u I., ,14'`-(CI . .I I; ° -JSW N. XTH I ST, r •:.. -ar-�T.1 , twl 16 Is^ �.�.S-i:_Y��, 3- t N 3 {. J , ail ®®®® L4, 60.r'JS,. .3"r.I4,k6,y, >AIj,,7- ES ' l —, N. '° 34TH ., . �r: City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner PROVOST VARIANCES LUA-97-065, V AUGUST 5, 1997 Page 2 of 7 B. GENERAL INFORMATION: 1. Owner of Record:: Al and Cindy Provost 2. Zoning Designation: Residential- 8 DU/Acre (R-8) 3. Comprehensive Plan: Land Use Residential-Single Family Designation 4. Existing Site Use: Existing garage structure, shed, boathouse and dock 5. Neighborhood Characteristics: North: vacant and single family residential homes; East: railroad right- of-way, Lake Washington Boulevard North, and single family residential neighborhood; South: single family residences; West: Lake Washington. 6. Access: via private access drive from Lake Washington Boulevard North 7. Site Area: 3,363 square feet (land area only-- parcel extends into Lake Wash.) 8. Project Data: area comments Existing Building Area: 1,771 s.f. 1,071 boat house(over water), 100 s.f. shed, 600 s.f. garage New Building Area: 2,880 s.f. 960 sq. ft. per floor on each of three stories Total Building Area: 3,951 s.f. 100 s.f. shed and 600 s.f. garage would be demolished, boat house would remain over water C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 1791 9-8-59 N/A 1800 10-13-59 N/A 1804 12-8-59 D. PUBLIC SERVICES: 1. Utilities: Water: availability to subject site not confirmed, 8-inch water line in Lake Wash. Blvd., 8-inch line available north of site in private access drive Sewer: private sewer in private access drive--subject to availability Surface Water/Storm Water: exempt HEXRPT.DOC City of Renton P/B/PW Department -- Preliminary Report to the Hearing Examiner PROVOST VARIANCES LUA-97-065, V AUGUST 5, 1997 Page 3 of'7 2. Fire Protection: per City of Renton 3. Transit: N/A 4. Schools: Located in Renton School District 5. Recreation: Parks per City of Renton Parks System E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Section 4-31-5: Residential-8 Dwelling Units per Acre (R-8) -- specifically 4-31-5.D.9 Height -which limits the height of a dwelling or structure to two (2)stories or 30 feet. 2. Section 4-31-5. E: Exceptions: Pre-Existing Legal Lots--which does not prohibit the construction of a single family dwelling and its accessory buildings on a pre-existing legal lot, provided that all setback, lot coverage, height limits and parking requirements for this Zone can be satisfied. 3. Section 4-31-19.F: Administration; Interpretation and Permits--Variances F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Policy LU-37-- Maximum height of structures should generally not exceed 2 stories in single family residential neighborhoods. Policy LU-280-- Private views of distinctive visual elements should be encouraged. New commercial and residential developments should preserve views of significant visual elements both within proposed developments and as seen from adjacent parcels. Policy LU-311 -- The character of existing residential neighborhoods should be strengthened. 2. Housing Element: Policy H-4-- Encourage infill development as a means to increase capacity. Policy H-10-- Encourage small lot single family development. G. APPLICABLE SECTIONS OF THE SHORELINE MASTER PROGRAM: 1. Section 4.07 Residential Element: (4.07.02.D-- Residential structures near the shorelines shall be set back from the water's edge at least twenty (20) feet). 2. Section 5.04 Urban Environment: (5.04.02 Use Regulations). 3. Section 6 General Use Regulations: (6.03 Use Compatibility and Aesthetic Effects--View Obstruction, Design Theme). 4. Section 7.14: Residential Development: (7.14.01 A- C).-- A) Adequate public utilities are available; and, B) Residential structures are set back inland from the water's edge a minimum of twenty(20) feet; and, C) Density shall not increase beyond the zoning density outlined in the Renton Urban Area Comprehensive Plan. HEXRPT.DOC City of Renton P/B/PW Department - Preliminary Report to the Hearing Examiner PROVOST VARIANCES LUA-97-065, V AUGUST 5, 1997 Page 4 of 7 5. Section 8.Variances and Conditional Uses: (8.02 Variances). H. ZONING CODE VARIANCE CRITERIA The applicant is requesting a variance from the two-story height limit of the Zoning Code. Section 4-31- 5.D.9.a states that the height of the structure shall not exceed two stories nor 30 feet in height. The applicant proposes a maximum height of 30 feet and three stories. The variance must be considered with regard to the criteria noted below. Code Section 4-31-19.F.3.a-d. The Hearing Examiner shall have authority to grant a variance upon making a determination, in writing, that the conditions specified below have been found to exist: a. That the applicant suffers undue hardship and the variance is necessary because of • special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: The applicant contends that the height variance is necessary due to the size and shape of the existing parcel, and in order to comply with the setback requirements of the Zoning Code. Given the current setbacks, the maximum building footprint would be 960 square feet, or a total of 1,920 square feet for a two story dwelling. The actual living space within the house would be 440 square feet less, or 1,480 square feet, since the 440 square foot two-car garage would be deducted from the living area. The applicant states that the two existing new homes located to the north are three-story structures which are considerably larger than 1,920 square feet. Those homes are located on similar parcels with identical R-8 zoning. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated: The applicant maintains that granting the height variance would not be detrimental to the public as no adjacent sight lines to views of Lake Washington would be affected. This is because of the low elevation of the subject parcel in relation to the raised railroad land (Burlington Northern right-of-way) to the east. In addition, the maximum height of the three-story structure would not exceed the overall height limit of 30 feet allowed in the R-8 Zone. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated: The applicant states that this not grant a special privilege since the zoning code permits heights of up to 30 feet in two stories. The applicant would not exceed the maximum 30-foot height limit of the R-8 Zone. In addition, the proposed structure would not exceed the height of the existing adjacent residence to the south. d. That the approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose: The applicant is proposing a 30-foot structure height for a three-story structure. This allows approximately 10 feet of floor-to-ceiling height for each floor. Given standard building codes and HEXRPT.DOC City of Renton P/B/PW Department . Preliminary Report to the Hearing Examiner PROVOST VARIANCES LUA-97-065, V AUGUST 5, 1997 Page 5 of 7 floor-to-ceiling ratios, a three-story structure is the minimum required to meet the applicant's purpose to achieve a reasonable amount of interior living space. SHORELINE MASTER PROGRAM VARIANCE CRITERIA: The applicant is requesting a variance from Shoreline Master Program in order to reduce the required setback of the structure from the water's edge. A 20-foot setback from the water's edge is required, and the applicant is proposing a minimum setback of 10 feet for one portion (the southwest corner) of the new structure. The criteria noted below must be considered with regard to the variance request. Shoreline Master Program Section 8.02 The Land Use Hearing Examiner must find each of the following: 8.02.01 Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof,that do not apply generally to other properties on shorelines in the same vicinity. The land area of the subject parcel is unusual in that an existing rock wall foreshortens the land area of the lot, and creates a Z-shaped building pad area in which the proposed residence could be constructed. The applicant contends that the shape of the lot coupled with the 20-foot setback requirement from the water's edge, unjustly restricts the building pad size for the home. Portions of the structure would be 56 feet from the water's edge, while the portion adjacent to the rock wall would be a minimum of 10 feet from the water's edge. 8.02.02 The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. The requested variance would permit the applicant to construct a home that has a foot print of approximately 960 square feet of floor area on each of three levels. This would preserve the applicant's right to develop a residential home comparable or less than comparable to the other existing homes in the immediate vicinity of the proposed dwelling. 8.02.03 The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. The proposed variance would not damage the public welfare or injure adjacent properties as the reduced setback from the water's edge would not impact a natural beach area, or public access point. Nor would the reduced setback impede views to, from, or along the water's edge. The subject parcel has a Z-shaped land area created by an existing rock wall, that severely constrains the development area available for a home. The reduced setback would affect only that portion of the structure adjacent to the rock wall. The same building facade further to the south would maintain a 56-foot setback from the water's edge. 8.02.04 The variance granted will be in harmony with the general purpose and intent of this Master Program. The Shoreline Master Program encourages uses along the shoreline that are not view obstructing, that do not disturb the community, and that have an appropriate design theme. The applicant's proposal would meet "Use Compatibility and Aesthetic Effects" portion of the Shoreline Master Program. Adequate utilities are available to serve the use, and the proposed use would not exceed density allowed by the Zoning Code. If the variance is granted, then the proposal would satisfy the criteria noted in the "Residential Development" portion of the Shoreline Master Program. HEXRPT.DOC City of Renton P/B/PW Department -- Preliminary Report to the Hearing Examiner PROVOST VARIANCES LUA-97-065, V AUGUST 5, 1997 Page 6 of 7 8.02.05 The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. The requested variance would not result in harm, as the average setback area from the water's edge would exceed the minimum required. The reduced setback would apply only to a portion of the proposed residence, and only in the section of the wall that parallels the existing rock wall. The design of the site and structure appear to be harmonious with the stated policies of the Master Program. J. DEPARTMENT ANALYSIS: 1. PROJECT DESCRIPTION/BACKGROUND The applicant is proposing to construct a new single family residential dwelling on two existing parcels located adjacent to Lake Washington. The site land area equals 3,363 square feet, however the parcel extends into Lake Washington, and the actual parcel area is unknown at the time of preparation of this report, but will be presented as part of the public hearing. The applicant would develop a new residence with a maximum proposed building footprint of 960 square feet on three levels, or a total new building areas of 2,880 square feet. A two-car garage would comprise 440 square feet, leaving 2,440 square feet for the residence. An existing detached garage located on the parcels would be demolished. Access would be via a private access road from Lake Washington Boulevard North. The proposal would require minimal grading in order to remove the existing garage building, footing and concrete pad. Additional grading may be needed to remove the existing concrete paving in order to accommodate the new residence. The structure would be three stories in height with a front yard setback of 20 feet, side yard setbacks of 5 feet (on each side), and a rear yard setback that ranges from a minimum of 10 feet from the water's edge to a maximum of 56 feet from the water's edge. The minimum rear yard setback of 20 feet as required by the R-8 Zone would be met, as the actual lot lines for parcels abutting Lake Washington extend into the lake. The proposal appears to comply with maximum lot coverage requirements which allow up to 35% lot coverage on parcels that are greater than 5,000 square feet in size and permits 50% lot coverage on parcels that are less than 5,000 square feet in size. Lot coverage would be approximately 29% for the new residence as compared to the available land area. As proposed, the new residence would require two variances; one from the development standards of the Zoning Code, and a second variance from the setback restrictions of the Shoreline Master Program. Specifically, the applicant requests to vary from Code Section 4-31- 5.D.9 which limits the height of structures in the R-8 Zone to two (2) stories or 30 feet in height. The applicant is proposing a structure that would be three (3) stories and a maximum building height of 30 feet. In addition, the applicant requests to vary from the Shoreline Master program which requires a minimum 20-foot set back from the water's edge. A 10-foot setback is proposed from the water's edge. Staff has reviewed the proposal with regard to the applicable variance criteria of the for both the height variance and the shoreline variance as noted in Sections I•1 and I above. HEXRPT.DOC City of Renton PB/PW Department Preliminary Report to the Hearing Examiner PROVOST VARIANCES LUA-97-065, V AUGUST 5, 1997 Page 7 of 7 2. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. Generally, no major impacts or comments were noted by staff reviewing this proposal. K. RECOMMENDATION: Staff recommends approval of the Provost Variances, Project File No. LUA-97-065,V subject to the following conditions: 1. The height of the residence shall not exceed the maximum allowed height of the applicable zone (as measured in feet),that is in effect at the time application is made for a building permit. 2. The minimum allowable set back from the water's edge shall be no less than 10 feet for only that portion of the proposed structure that is adjacent to the existing rock wall. The applicant shall be required to maintain the minimum required building setback from the water's edge (20 feet)for all other portions of the site. 3. The applicant shall be required to obtain all other necessary permits and approvals for the proposal (i.e. building permit, certificate of water and sewer availability, etc.). HEXRPT.DOC City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: t.AINstLI..huv, COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING CI rY OF RENTON PROJECT TITLE: Provost Variance WORK ORDER NO: -,.r-•., LOCATION: North of 3707 Lake Washington Boulevard JUL 9 1997 SITE AREA 3,363 Sq.Ft. I BUILDING AREA(gross): N//A� SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of 1Wi lliv2a Ibaste,LQrparam in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts impacts Necessary Impacts impacts Necessary Earth _ Housing Air Aesthetics Water Llght/Glam Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS • C. CODE-RELATED COMMENTS .7..Wc1 c;)CIS /eeQ(Jr/2CO P/'0-144 a R4 STORY We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where a onal information Is needed to properly assess this proposal. 7,71,2 ignature of Dir or Authorized esentative o Date DEVAPP.DOC Rev.10/93 PE N TON Af L Q -+ -ipF PPr-vEN?inN RI IR,EAI' City of Renton Department of Planning/Building/Public Works J U L 0 9 1997 ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET DEPARTMENT: fora_ LI I V L-1 REVIEWING prt 'h COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: LOCATION: North of 3707 Lake Washington Boulevard SITE AREA 3,363 Sq.Ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01 B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major information Environment Minor Major information impacts impacts Necessary Impacts Impacts Necessary Earth Housing Alr Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Histork/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet L r -Z pC1Cf Afg-i B. POLICY-RELATED COMMENTS 4)4 C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have Identified areas of probable Impact or areas where additi al information - !=eded to properly assess this proposal. /o y Signature f Director or Authoriz-y epresentative Date DEVAPP. Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 4,t IC w `rCOMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT:. Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENAILNG PROJECT TITLE: Provost Variance WORK ORDER NO: ~~'"ON LOCATION: North of 3707 Lake Washington Boulevard JUL 1 SITE AREA: 3,363 Sq.Ft. BUILDING AREA(gross): N/At/ z 0g7 SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of the Shoreline Masfe7`Pralilfrpy order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order1b�N exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet _ 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have Identified areas of probable Impact or areas where additional information Is needed to properly assess this proposal. Al Aj 11.) /10/47 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ' ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Paltry COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: LOCATION: North of 3707 Lake Washington Boulevard SITE AREA: 3,363 Sq.Ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major information Impacts impacts Necessary impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet • 2cru� // pacI B. POLICY-RELATED COMMENTS • C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have Identified areas of probable impact or areas where ad "one!Information is needed to property assess this proposal rIcith ,.6?Ait/AJ -77-17 Signature 0 Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Puvuc Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 5U. ac. . 1icarkeu]3 COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: ^` T OF RENTON LOCATION: North of 3707 Lake Washington Boulevard SITE AREA: 3,363 Sq.Ft. I BUILDING AREA(gross): N/A JUL 0 9 1997 SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01 B. of fi'e. eR • m in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.50.'Tf•�F to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major information Impacts Impacts - Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS • C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas In which we have expertise and have identified areas of probable Impact or areas where additinal information is needed to properly assess this proposal. IVia)Rf -7/0%7 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: -Tvwfogic tt COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOT � .►�Li ' ON PROJECT TITLE: Provost Variance WORK ORDER NO: JUL 0 LOCATION: North of 3707 Lake Washington Boulevard 9 1997 SITE AREA: 3,363 Sq.Ft. I BUILDING AREA(gross): N/A t1U1LLlia t' DIVISION SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. ' A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major information Environment Minor Major information , impacts Impacts Necessary impacts impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS • • C. CODE-RELATED COMMENTS \JO . We have reviewed this application with particular attention to those areas in which we have expertise and have Identified areas of probable Impact or areas where additional information Is needed to property assess this proposal. Ai& G(.9i6 o Signature of Director or Authorized Representative Date OEVAPP.DOC Rev.10/93 • • NORTHWEST 1/4 SECTION 32, TOWNSHIP 24. NORTH, RANGE 5 EAST. W.M. SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON l e( / , e C Cel�rap, Exi)5'slvEinpa �,I / vaOPEarr LINE 1� � • PROJEC[DAiA ! Zoe. .t L / ' 6 / AI ACiMY Pomp Residence 49 . , ra•x� , _,. . __ .�,�.:ems. '-.o , t! C , )T011agv WmNnrym Blvd N. j `I / Rah.WA Poor /]t . / •N S. TTI as Opo�IP9C0 O+/Ew.ey r,.;o a. ' ,1y r./ ICA lob No.924E / ,i�Pig'c, xa ; Sly.. I of :'\N1 6o Co^' /ot / /l" _1Q! R '1 AIbrADk Shim 1 / / PROPERTY LINE v �-`•• D LJ MrG,�.XrB " • ••- / Propve84oriu /J i.i.O aux lrs. I"1.•(.�\^xr c ,., Allowable Height 30'd / . ` , •°� .T l Proposed HeI8M }Rd / eLEYAI'DN OP LUE aCT IY¢EES ® 50 soc -o..o6 IP.6 1 ' :--.ere re RDNHN t."4 'exg.� _- L ' ,...1 (E)�,LPoRIQ1'=P. / Ag' ,, y cy PVtlRBPvrtled :iYrGatge ) ( I- .L d.M.—^ '0—` 7 I ' V' ADo.fek BwHma sneer, _ /l" J ,: Id•Ta. . -8'� /o �,((,� /r 1+ Q / SCALE o' • ROM 20'd :� / - 17 l Y O �. 0 20 w 30 PROPERTY LINE F i ( ! C(E)Cj eltr q• ./ k. • Phased BVIHxB Seer. • 1 ie mcc S Iao r" Ity ly,...c` / �l Nord 20.4r /() TOO cox ` L // Side f'd I �� j �• e___ •—/--�.m M/ I. O ,./ e LEGEND Rau Wem.mtmmnLvl IO'd ✓ )J • • ' C' Sve Sgvart Footage 3.363AL / 3 II / P .r• �A N GGNC.. CONCRETE E ... ...� ✓N� V / ! l_VT 2// � FINISH FLOOR V �niER YELER Dmtl'v18 Groh. r 9Mb0AL PROPERTY LrNE // E. MO, `•` -• •. A 4 EP..... ....EWE PAVEMENT W ____ TNM Floor REGAL a + : yvgc J5 4co i el/r . GD GROUND - r r e G/. _ .. ' a� joL/'y is. ,.,•'. `0 J BOX JUNCTION BOX Garage AWrrv¢ .Year �e a [.ul ':SaTI s /+`�� is. 13 /> TOTAL I..o r. O • -1 "" , .x °/F�.- •-+ • / . EQUIPMENT USED PROPERTY LINE T./ / .• F 1 3 SECJ HIXON-10PGUN MOLD P�2Jo'T1 H rA PROCEDURE USED rO�� FIELD TRAVERSE A '1,'1 q�,1 1111r�.T h 1 T��S /+TV�1 � ,f+"•N SnT-"M • BASIS OF BEARING • Ill/ E,Az ��I�bF 0W-rj .{.' REGARD OF SURVEY.A5 RECORDED UNDER AFN. Nl�.¢ I,D IN¢t1-AT1c4J j • v ti7/1r 8007n9003 .if,,— �I-- 1/� VERTICAL DATUM (.„.,\\ . �} /`�{JI/• FOUND',..Mitg RDYC0e0 A-GEODEIEC sURVEY IC651 / BLANCH MARK BRASS DISC.Slm,PEO N 3Be 1959.SET CONCRETE POST WNUYENT PROJECTING AIPPPROX 0.3' r.o BOYE GROUND el ENM'pALE.APP OX.I' RTHERLY ]e Of THE ITAIUTED ERSETTITN Oc LAIt.RASNINGTON • BLVD.Y THE SE 51. NO 0 E NEST ND N]Jrd ST • NloyreCx sr, • / LXARASIGiI TO GTONBLYDST.APPROX g9.5'N04THeE5TERLY K C/L R / . • • / LEGAL DESCRIPTION LOTS 99-S2.BLOCK A INCLUSIVE CD HILLYAN'S LAKE / RASHIN.NT'O.TDEN Of EDEN NO 1.REIM'EO gI OLUYE WASHINGTONs PAGE Be.RECORDS OF NG COUNTY. , 4. AV " \ '/ • �v'rl `// NO TF 5 SURVEY DOES n0T PURPORT TO SNOR ��.}JY / E•SEYEN TS.OR LOC TDiON ROF GUTILIi ES 1EXCEPT �`-rC � G SHOWN/ M/4(Z, • w CESCRIPTM BYSCALE H. I ° BY: • Bennett PS&E INC. PROVOST RESIDENCE MAY4,1997 '°€EXE°8Y, 1TragSURVEYORS Alm ENGINEERS " SETBACK AND ALLOWABLE STORY I CF P.O. BOX WI PUYALLLP WA.8837I CRAW BY We APPROVED Be PUYALLUP 845-8833 SEATTLE 838-3474 VARIENCE "''EER 95-3® • • 1. I I,-Auj �.nuwry wwiu wwnwn ina_ma� • �� - Ell�//I `II 3eo FL. • Ii(iwniiUnlwnu1imuul�lil��lmiTiu,.E., um.,'fl nu19.m iv. cl:'-:'''' l'I' '=N:'.. El • • • .F-1. lit• 4..7_ _.:, • =, -,... l- :w c 4 .. /ff oli ^s,'h nw • ' - N 5 6 i. is LNG FL. w;� e xr w,' N • , ;7 s ttr lil„11n ,w" r" r o c V r / .FIN.FL.i-7b91 \ I . SOUTH ELEVATION I..AkE. \\(£) (lock 144LL. SCALE:t/8'=V-0' • . (E)MEE,, ro R-E-r iIJ . ��i, _ -- . — .44,..A 1111E111 . - . of,,..r ill '" ' '. .- - ..-_- _� \ PROPOSED NEW RESIDENCE EXISTING RESIDENCE EAST ELEVATION SCALE:1/8'=V-0' AL AND CINDY PROVOST RESIDENCE 3707 LAKE WASHINGTON BLVD N. RENTON.WASHINGTON 5E2Isr Esg'IT` -- ppopap-Tr 1-I1-4E: 1` PI s zily < -LAw,.1 —� it � 2o'S?2�_L 7 ©6R-i vc E - I-oKheie ` �` (--Ce)rioqIarse, II - - - - - ' 4 1 if Ca>Fa L d Cnww...1 'r 2-cn� ---- — - - e-v>V/Y-E _ _ H is '-C e)izctk 1- 1-1- I I JO' I ��)TR ,ro N. 1 5ETe,. . GN I I i V.rniS. (a)' pw).Lr J LOT yo / I (e.)G✓SR�i>✓ ¢c To se. D -1-- \ ,/r 7 SR : Q - ) i r— 1 —I- — — NEH 4 fE) AA&-1N7 ` -t SP I. f i NIE-I L.>NN / ) ------e.t2ela or lam)GoNciLE7E Pimp -`( L.d NE. / / I I I / Ce)P)T++ ` I ( )ml-e,wbu,.. ni e- FIRST LEVEL PLAN a Or..-.1 0ININc1 -L AUE'T / �_ �.• _ 4 r7-P>StR+1. 2mrt fCITGNcN a o 'f�'�If Q !`:. 1Y51T itF p- uP111111! 54. 1-IWO o!!liiI111u1In1I,µ 3',.1 1 5' Deli o 111n1W1111n. R__,_. i ;; ,M 111111m;1 , `� oEc1` ;' GL.P.?r E. Nilllllli SECOND LEVEL PLAN THIRD LEVEL PLAN /",I t,'., y,I,l.,,. AL AND CINDY PROVOST RESIDENCE 3707 LAKE WASHINGTON BLVD N. RENTON,WASHINGTON ' 1r City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: C V.St H�C.tI(nl� � 6C,Gp COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED:.JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING CI 1 Y OF RENTON PROJECT TITLE: Provost Variance WORK ORDER NO: ,...;, LOCATION: North of 3707 Lake Washington Boulevard JUL 0 9 198]. SITE AREA: 3,363 Sq.Ft. BUILDING AREA(gross): N//A! SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of~tR+ 1Wigiil a Mastt:�RI:swam in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. IMPACT e. .Non-Code) COMMENTS A. ENVIRONMENTAL ( 9 Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water light/Glare Plants Recreation Land/Shoreline Use _Utilities _ Animals Transportation Environmental Health Public Services Energy/ Historic./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet Et. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS TWO ex �f t,� ,e�Qgeb Pg0141a sr��y We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where a bnal information is needed to property assess this proposal. 7/7/g2 ignature of Dir or Authorized presentative Date DEVAPP.DOC Rev.10/93 RENTON FIRE DEPT FIRE PREVFt'TIr1N RI IREAU City of Renton Department of Planning/Building/Public Works J U L 0 9 1997 ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET •REVIEWING DEPARTMENT: f\y _ \ ret it--ft 4 COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: LOCATION: North of 3707 Lake Washington Boulevard SITE AREA 3,363 Sq.Ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01 B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet: and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glan3 Plants Recreation LandIShoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet AA iOr7 / 14,000 Feet I<1 p f' inpad46 4- (" �J V B. POLICY-RELATED COMMENTS V4 C. CODE-RELATED COMMENTS 4114 We have reviewed this application with particular attention to those areas In which we have expertise and have identified areas of probable impact or areas where additi al information ,i,eded to properly assess this proposal. ,7 /° 97 Signet e f Director or Authoriz-•J epresentative Date DEVAPP. Rev.10/83 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: pl 'Renew Weru�COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: 'ON LOCATION: North of 3707 Lake Washington Boulevard JUL 0 1997 SITE AREA: 3,363 Sq.Ft. BUILDING AREA(gross): N/At iILdI� SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01 B. of the Shoreline Maafe F iffan order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order-W-1/V exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information impacts Impacts Necessary impacts . Impacts Necessary Earth Housing Air Aesthetics Water Light/Giaro Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistorldCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS (Uo C.-outttitu,�' We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where additional information Is needed to properly assess this proposal. 1\).ed *A7 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Palk a COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: LOCATION: North of 3707 Lake Washington Boulevard SITE AREA 3,363 Sq.Ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary impacts impacts Necessary Earth Housing Air Aesthetics Water Light/Glare ' Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Histodc/Cultural Natural Resources Preservation, Airport Environment 10,000 Feet 14,000 Feet -ZG/U/i2ab G/h CdCt- 71 ) po cc C c-e,& B. POLICY-RELATED COMMENTS • C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where add"onalInformation Is needed to properly assess this proposal. rldle 4Ai6d..) q—IF'7 Signature d Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City or Kenton Department of Planning/Building/Fui.H6 Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: SV.X ac.e U tie .Wy COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOTH HENNING PROJECT TITLE: Provost Variance WORK ORDER NO: r'`N OF RENTON LOCATION: North of 3707 Lake Washington Boulevard SITE AREA: 3,363 Sq.Ft. BUILDING AREA(gross): N/A _JUL 0 9 1997 SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. off the . m in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2)from Code Section 4.31�'iW`i;'-• to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major information Environment Minor Major information Impacts Impacts Necessary impacts Impacts Necessary Earth Housing Air Aesthetics Water Llght/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet ' B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas In which we have expertise and have identified areas of probable impact or areas where addditii nal infonnation is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: �1f4hsOr�'i' l� COMMENTS DUE: JULY 18, 1997 APPLICATION NO: LUA-97-065,V DATE CIRCULATED: JULY 9, 1997 Crw op APPLICANT: Mitch Williams PROJECT MANAGER: JENNIFER TOT a 0 i i° ON PROJECT TITLE: Provost Variance WORK ORDER NO: JUL o LOCATION: North of 3707 Lake Washington Boulevard 99� SITE AREA: 3,363 Sq.Ft. I BUILDING AREA(gross): N/A UfLtJit hi DIVISION SUMMARY OF PROPOSAL: Applicant requests two variances: (1)from Section 7.14.01B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the waters edge to 10 feet; and, (2)from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More ' Environment Minor Major Information Environment Minor Major information Impacts Impacts Necessary impacts Impacts Necessary Earth Housing Air Aesthetics Water LIghtGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS • C. CODE-RELATED COMMENTS 100 CO►M►Mt!r . We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. 11,), °G(�0 /7 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on August 5, 1997 at 9:00 AM to consider the following petitions: PROVOST VARIANCES/LUA-97-065,V Applicant requests two variances: (1) from the Section 7.14.01B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and (2) from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. Location: North of 3707 Lake Washington Blvd. RIEKER SHORT PLAT/LUA-97-083,SHPL Applicant proposes to subdivide a 38,125 sq.ft. parcel into seven lots. Location: SW corner of NE 24th St. and Aberdeen Ave. NE. Legal descriptions of the files noted above are on file in the Development Services Division, Third Floor, Municipal Building, Renton. All interested persons are invited to be present at the Public Hearing to express their opinions. Publication Date: JULY 25, 1997 Account No. 51067 HEXPUB.DOC • CITE OF RENTON -; =:` Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 9, 1997 Mr. Mitch Williams MF Williams Construction, Inc. PO Box 381 Mercer Island, WA 98040 SUBJECT:.. Provost Variance Project No. LUA-97-065,V Dear Mr. Williams: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and,therefore, is accepted for review. The date of Tuesday, August 5,:1997, at 9:00 AM, has-been tentatively set for a public hearing to review the proposed variances. The hearing, before Mr. Fred Kaufman, Renton Hearing Examiner, will be held in the Council Chambers on the second floor of City Hall, Renton,Washington. • The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed 'to you one week before the hearing. If you prefer to make other arrangements to receive the staff report, please contact Sandi Seeger,277-5581. • Please contact me, at 277-6186, if you have any questions. ' • • Sincerely, .).12) 4o. 14Am/it- Jennifer Toth Henning . Project Manager cc: • Mr. &Mrs.Al Provost/Owners ar.Gan TR DOC ' 200 Mill Avenue South -Renton, Washington 98055 ti CITY OF RENTON 1 DPVcd OPMENT SER\ ICES DIVISION MASTER APPLICATION PROPERTY OWNERS) PROJECT INFORMATION Note: if there is more than one legal owner, please attach an additional notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: NAME: Al & Cindy Provost Provost Residence (tors ff,-C", PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: 3707 Lake Wash. Blvd. N. �3107 (L.Ni ��.0 "g Renton, WA 98056 OF 310� l..w. t. . KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): CITY: Renton, WA ZIP: 98056 334270-0250-03 TELEPHONE NUMBER: 425-255-6854 EXISTING LAND USE(S): ......................... One-story garage APPLICANT '(if other than owner) PROPOSED LAND USES: NAME: Three-story residence COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RS F ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): CITY: ZIP: EXISTING ZONING: REr. F-7/Pr'l R-8 " 1997 TELEPHONE NUMBER: PROPOSED ZONING (if applicable): N/A TY OF RENTONNPN( ; : CONTACT<PERSON _ SITE AREA (SQ. FT. OR ACREAGE): • NAME: Eric Schaer N �(�� Lots 49 & 50 combined = 3,363 s.f. (land only - does not include water area) MI'ii 1-1 w I I LIP- COMPANY (if applicable): PROJECT VALUE: , 2r70,000 Cochran t I t . 7,� " M NcMV vv ,LL sl'/- ADDRESS: PO 0 Li) I IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? . , uite No CITY: M&/f� _ 1 V' 16 1 A/ 1i i IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY '(/�/►' V V SENSITIVE AREA? On shore of Lake Washington TELEPHONE NUMBER: - LEGAL DESCRI P PI I .OF ROPERTY (Attach sepa ra- heet if;necessary,j LOTS 49-50, BLOCK A, INCLUSIVE CD HILLM.AN`S LAKE WASHINGTON GARDEN OF EDEN NO. 2, RECORDED IN VOLUME • II OF PLATS AT PAGE 64. RECORDS OF KING COUNTY, WASHINGTON. :TYPE OF: & FEES Check all application rtYpes Ghat apply -City staff will determine fees ANNEXATION $ SUBDIVISION: N/A— COMP. PLAN AMENDMENT $— — REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ —TEMPORARY PERMIT $ _TENTATIVE PLAT $ — CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ — SITE PLAN APPROVAL $ _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ N/A X VARIANCE 4-31-5 -D9$ 500.00 (FROM SECTION: 4-31-5#-)66 , 5o•OO _ PRELIMINARY _ WAIVER $ _ FINAL _WETLAND PERMIT $ — ROUTINE VEGETATION MOBILE HOME PARKS: $ NTA- MANAGEMENT PERMIT $ — BINDING SITE PLAN $ SHORELINE REVIEWS: SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE $ — EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ REVISION $ — • AFFIDAVIT OF OWNERSHIP I, (Print Name) Cy n ai.a lai"p[/t/tleclare that I am (please check one)_the owner of the property involved in this application,_the authorized repre9entative to act for the property owner(pleaowactEitic pf of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in r agec4t[��q �rrect to the best of my knowledge and belief. `,��. \SSION F'}.•••'�C�` • A/ •. Q/I tt e1 Q:po TAR y-Pc-AT�'ES Subscribed and sworn to before me, a Notary Public, in and ev�/y, 4,/et- vs ; •V `1b;the tate of si ing at (NIme of Owner/Representative) ‘ * • , on the/211ray of (S ture of Owner epresentative) �C 0'''••i•••i\\-\ a, irdaiedosig., /e/yas_-- --� 5►0"9;(Signature of Notary P lc) GV : (This•section to be completed by City Staff.) ...:.n!:•,.,'.n, :Ow]ii•,;:i:!,E:!H!g:iKRg,T'Hi.1:4f.;:.:,:!:1!;•: ,':','::..!,!!*:.:,g,:..,:-1:;:]..,.,,,-:.:.i, ,,i,',..,._.-!.:::-3..\:::,:/:.:"-:::1'..,,.i•-,:•r;,,,•r:. City I ile Number ". Ot► ' ECF ;SA R.. SHPL CU .LLA PP FP T.P SP; RUMP / '( AAD >VV . FP:UD SM :SME MHP BSP A< CPA' TOTAL FEES. $ 1 O�rOt}': TOTAL POSTAGE PROVIDED: $ . MASTERAP.DOC REVISED 9/96 1-7F .3 :E�::PMEN ... <V :. :S ,<,::::>:;»:::>::>:.>::>::<>'< > <'>< <'' • • �fl �E OPME T..SSR GES.. lV(Si0. .................... ST OF SURROUNDI•NG PROPERTY OWNERS PROJECT NAME: Provost Residence • APPLICATION NO: Wf'k 91 -0 5,V t The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER • See attached. • • • • • DEVELUrry c,;:crry OP Rt_Nrr�iV" • - A ^ (Attach additional sheets, if necessary) hq • • (Continued) • • • NAME ADDRESS ASSESSOR'S PARCEL NUMBER • Applicant Certification. 1, Brian J. Harris - , hereby certify that the above list(s) of adjacent property - - (Print Name) owners and their addresses were obtained from: ,go®‘®®we,� CI City of-Renton Technical Services Records ," ri� D. Q/1/LN CI Title Company Records O +4'�MMISsicAlt4+e— * Im King County Assessors Records m ; NO7 `�coo9N Sig►c . � _ ' Date �� 7°®�`�,"°°,��SLIC I gl (Applicant) �® LA ‘1l3 eo1 . % • NOTARY aaASH1�1%%�® ATTESTED: Subscribed and sworn before me, a Notary Public, in and for the State of Washington, residing at ,L' fi /^ on the P day of yYJ/})( , 19 9'7 Signed (Notary Public) • tv .::::. ...................:. :::: �ereti:•:::'c..cti :•;:that:ripf.►.cespf<#t•e: ..o as.....� . .......�.............:....::.::::::.�.:::::::.:::to:::::::;::::::. `:':<:»»::>:<:«:«:::Cat�.>i;m 1 �.:�?.::::::::::.........:..................................::::::::::.:::::::::.................................................................... .�.i:;•�•;:�iiY�:�i:{:jii'r}:i?4•�iiiji:ri:ii:iY!:?''is•'i:iiiiiii).'•i}i:�}ii'ii: Si;C;•iii+iTi:iiii:...::y}iii:4:4i:Wi_;:::::::::v::::::::::::::::::::::::::::::4;::•iii':::.iiw:n'•i::.i;:::.�:::.i:4:•i:•i:?;::::.�::::::.::{.y .•'i:;:i:vv4ii`::;:!^ii:4i^?$jiiiiiiiiii?i'i:!;ii:;isiii::}::i::i:::i+:i::ii::i:i:ii::i ;ig ni v:':;{i' :i:•';i. `i: ii$}:. ':i:ii:i::iii:•''•'::: :..:;y::{:;:::::::•..::::i::i::i::i::::i:::,+.i::iii::i:i::::i::::'ri::ii::ii a ....... .............. ... .... .. .::::: :::::::: .. .:iv:'v{:f'{.:vry.'�:::'::i:::::::i:i::i:::i::{.ii'r:�:<:. ............... ..:.:•v:.:v:;:.:::•:::::•:::.�::::::::::.:�:::.�:::.:�:.�:::::.::�:.::.�:....: r r a 9s t� • 3<: 1. °n:isii:n:C::�'.::ii:{:}::1i5i:';:t<t:ii': :is i`::>.{{}:ij'riiiii?:i:.:i:}l:i:<:::5'i:%::y:':::'{;is3:::+;:t:ii}::y: }`:j:?:::::'�+;y}.�•�;:.::i::::i::.ti}:;�'r:::�:?}}i:'?+i}::ii}i::::j:i::::'.:{��$i:i�:::::�iii:�ii�j:j:�isT�ii�:}::�{:�':i�::Y::iv:{?:v':ii'j::':::::�r:Yi�iiiii::i'ri::: � :;:;::.:.::.:.:..::.....................::.::.;>:;::::>:�<>:::::::::::....:..:.... .......::.:.............:.......NOTARY..:::::»>:»:::�:�>:...........................:.. .. :>::>::>:>�: e . .. ........::..............::_ r :::me�:: >:N.o. a:.;:::P Uh.7::.:i6 n :>dt h.e>:5tatC:§t:WAAi.r� tOt?:::z�>;::>::::i j . •a'Ar..'EST ``5"bscribe <and:$.worn;::befo e....... .a #:.:rY �...:: , .. � d :.::::�.:.�..:.................: ::..::..: ::u.::9.� :: ::::: b � ;:- ;.:;.::.;:.:.;:.<.;..;>;.:;>:: : ...:<1` : :.::.;.:;.>;:.:::ort:>the;'::::::::. . ...:.da. :.;n:;>'.. . .. �::�::.: .;':::::.::.:::..: :::::..;.;;; ; •' •:.;:::;;::;:.;::.::.;; ., •. , ......�.. .�.��...�,�`��?�''.�t,�� ..::::....::.:,.................... o g 1 I''.' listprop.doc REV 07/95 MARILYN KAMCHEFF 2 COMMISSION EXPIRES 6/29/99 t , • *****i't*i,sc***,i,x**ac*;<i<its;<ac*****scas****;c***s; a',e at*************** ***************$'*****ir * 'BATCH NUMBER: KO COMMENTS * * CUSTOMER NAME COCHRAN ASSOC D C — J< 322405-9005-05 334270-0149-08 BURLINGTON NORTHRN . SANTA FE715175 GUNDERSEN JOHN R 309999 ' TAX DEPT 3811 LK WASHINGTON BLVD N '1700 E GOLF RD t400 RENTON WA 98056 'SCHAUMBURG IL 60173 334270-0176-04 334270-0190-06 LITTLEMA'. VIKTORIA 100459 LEWIS CHARLES R+JOYCE N 979999 3805 LK WASHINGTON BLVD N 3719 LAKE WASHINGTON BLVD 'RENTON WA 98056 RENTON WA 98056 334270-0200-04 334270-0211-01 'DENNISON DAYTON P 299999 KENDRICK FRED Z0579 3717 LAKE WASHINGTON BLVD N. 3715 LK WN 8LVD N 'RENTON WA -- 98056 RENTON WA 98055 334270-0.230-08 '334270-0240-06 VAN BOGART G CLARK 470254 BURDICK JONATHAN R. 051208 VAN BOGART BARBARA J 3713 LK WASHINGTON BLVD N 3711 LAKE WASHINGTON BLVD N RENTON WA 98056 •RENTON WA 98056 334270-0250-03 334270-0270-09 'PROVOST ALAN W+CYNTHIA M 71999S ANDERSEN GAIL H 152384 •1224 N 32ND ST 3703 LAKE _WASHINGTON BLVD •RENTON WA 9056 :RENTON WA 58056 334270-0230-07 334270-0290-05 MAC DONALD DAVID N+DEBBIE M639999 KREICK CONRAD R+JOY A 659999 3625 LAKE WASHINGTON BLVD N 3619 LAKE WASHINGTON BLVD N RENTON WA 98055 RENTON WA 98056 334270-0300-03 334270-0310-01 DENZER JAMES E 590049 JUHN YONG W & GIL JA 040943 C/U CUGINI N 3611 LAKE WASHINGTON BLVD N 611 RENTCN S RENTON WA 98056 RENTON WA 98055 • • 334270-0320-09 334270-0330-07 DEEDS JAY W 2N2173 RICHARDS DARIUS F • 953762 3607 LAKE IWASHINGTON. BLVD N 18202 N 44TH AVE RENTON WA 98056 GLENDALE AZ 55308.. m :+ 334270-0355-07 'HOOVER DAVID J 679999 ... 3601 LK WASHINGTON BLVD N RENTON WA 98056 + + NOTICE OF PROPOSED VARIANCE APPLICATION RENTON, WASHINGTON A Variance (V) Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: PROVOST VARIANCE/LUA-97-065,V DESCRIPTION: Applicant requests two variances: (1) from Section 7.14.01 B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and, (2) from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. GENERAL LOCATION: North of 3707 Lake Washington Boulevard PUBLIC APPROVALS: Variances(V) Building Permit The application can be reviewed in the Development Services Division located on the third floor of Renton City Hall. Comments will be accepted anytime prior to the Environmental Review Committee (ERC) meeting date, Public Hearings, during Public Hearings, or prior to an administrative decision. For further information on the application, or if you wish to be made a PARTY OF RECORD and receive additional notifications, by mail, of the City's environmental determinations, appeal periods and/or the public hearing date(s) for this project, please contact the Development Services Division at 235-2550. Plea se include include the_proiect_NUMBpER when calling for proper file identification. , iI d �e .�7S000T't,E8 :" . iSr•7, �e a •:• mod ,`®" 1 •./ fop....a It" N. :'40TH ov 1.Lo - i� 89 I QI'I '-' ./32.00 Acrgc: , °l' a ' /GGUMCNS'/.• _ �' 4. , 87/ ®/ • 4/ ISLE NO •KE POOH / V'1 ` N. 36TH , cI '• ...E.;43 -`-7 ,JsN. y37T .,,�,_a• o'i t , --�I ,01 t......--: 36TH '. --a®r ! Ia • N ".•, . H ST. A 123itia2 GENMALOT.DOC I'4 �3;s7 =.Nslii iOt " '�„ I.�! r, iµ� ,IL:J®i" ,.141 I �.-_ • N ' 34TH a ST" 16"IEI Ir ifYi I I"cdl'A-Nell* i !r1ri.1 L- r: NOTFCE . 4 PENDING APPLICATION AND ' PUBLIC HEARING PROJECT NAME/NUMBER: PROVOST VARIANCE f LUA-97-065,V DESCRIPTION: Applicant requests Iwo variances: (1)from the Sedlon 7.14.01B.of the Shoreline Master Program In order to reduce the required 20 foot setback from the water's edge to 10 feel;end(2)from Coda Sedlon 4.31.5D.9 in order to exceed the Iwo-slory height limit by one story. GENERAL LOCATION: North of 3707 Lake Washington Boulevard • PUBLIC APPROVALS: Building Permit _Preliminary Plat _Short Plat .. Conditional Use Permit _Rezone _Site Plan Approval Environmental Review _Shoreline Conditional Use XXXX Other , _Permit Fill 8 Grade Permit _Shoreline Substantial _Other Development Permit The date of Tuesday,August 6,1997,at 9:00 AM,has been tentatively set for a public hearing to review the • proposed variances. The hearing,before Mr.Fred Kaufman,Renton.Hearing Examiner,will be held In the • Council Chambers on the■acond floor of City Hall,Renton,Washington. The application can be reviewed in the Development Services Division located on the third floor of Renton City Hail. , Comments will be accepted any time prior to Environmental Review Committee(ERC)meetings,Public Hearings,during ' Public Hearings,or prier to an administrative decision. For further information on the application,or if you wish to be made a PARTY OF RECORD and receive additional notifications,please contact the Development Services Division at 235-2550. O . z �,> t e w. • 32aoMr4 , 'a; , • —,'4 ec,',..o—11f r N f . ` " ;31161 '81"• 4''al11'! i 5 w®1GY o`^..g„ I ARVE. 4,9F 13 • 1751 0' g-yi'o= • 1 E H 19111F.A{I1P,ar�7i'R1,ti---'t A'' x ',Q ,...1.4 tV~ Q' i• P JoO G .64Bp 1. Q . __ PLEASE INCLUDE THE PROJECT NUMBER WHEN CALUNG FOR PROPER FILE IDENTIFICATION. - : ' CERTIFICATION it 5otri JuGKS6h , hereby certify that 3 copies of the above document were,posted by me in 3 conspicuous places on or nearby the described property on . iit,l9 iIiI1'l 1 , Signed: , t 0 9jJ4flE7 . . STATE OF WASHINGTON ) . ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that 6,1-10 1 y G K S6 signed this instrument and acknowledged it to be his/her/their free and �f�- voluntary,act for the uses and purposes mentioned in the instrument. :-•�‘'.�... Dated: '7// iq ''� 1, ;,' Notary Pub 'c n and fo t e Stal`e=ot asfi colon . Notary (Print) MARGA T. �P JL AR My appointment expirestommssIokiNPIRRS 6/9/98 NOTARY,OOC NOTICE PENDING APPLICATION AND PUBLIC HEARING PROJECT NAME/NUMBER: PROVOST VARIANCE/LUA-97-065,V DESCRIPTION: Applicant requests two variances: (1) from the Section 7.14.01B. of the Shoreline Master Program in order to reduce the required 20 foot setback from the water's edge to 10 feet; and (2) from Code Section 4.31.5D.9 in order to exceed the two-story height limit by one story. GENERAL LOCATION: North of 3707 Lake Washington Boulevard PUBLIC APPROVALS: Building Permit Preliminary Plat Short Plat Conditional Use Permit Rezone Site Plan Approval Environmental Review Shoreline Conditional Use XXXX Other Permit Fill&Grade Permit Shoreline Substantial Other Development Permit The date of Tuesday, August 5, 1997, at 9:00 AM, has been tentatively set for a public hearing to review the proposed variances. The hearing, before Mr. Fred Kaufman, Renton Hearing Examiner, will be held in the Council Chambers on the second floor of City Hall,Renton,Washington. The application can be reviewed in the Development Services Division located on the third floor of Renton City Hall. Comments will be accepted any time prior to Environmental Review Committee(ERC)meetings,Public Hearings,during Public Hearings, or prior to an administrative decision. For further information on the application, or if you wish to be made a PARTY OF RECORD and receive additional notifications, please contact the Development Services Division at 235-2550. 4 N, ,°,.„° Z �'' i, n STPO =z = �; .�,7rORE- co § , .,ylOyu en..�iJ '14 -- I Q /Ov` ' - 89 !{,�,m J i 32.00 Acres: ,,,' 'B8. .r„r ,'', ` 4f�1V'"F iuro Jwvv...' _ .V... n� ,877% ®, tgi v :,pv ypa� S _ , � 3-.7, • ISLE y NDLI rid.E p00 N0 m.�' $ rs.1 1 N = 3TH / �- ,'• , ' 'i 14ER1tV'V ?,9 S® i'�7 !4: a 5'.r- sT. . . i:/ •z "1—7 ..�'_''sN. 37 a .. . T mnr „ n fa' a fi ; . i ' JJ till sri;8 ' ti' I l.,,g it 0�'r'' N�� ., ` s. _ _„_ .2.4e.t._, :,,,., __ ., L. L` . H ST ,• 'r 1, N o a ibl .1„ ,.,., r,5 ma i , :: t �l!---.-� N 34TH a ST:' PLEASE INOLUDETNE°PROJEGT`h1UMBER.WHEN.CALL ING':FOR PROPER>FIIE.`IDENTIFICATION a;":g: PROJECT NARRATIVE Al&Cindy Provost Residence 3707 Lake Washington Blvd N. Renton, WA TCA Job No. 97-06 The Provosts currently own lake frontage Lots 49 through 52 along Lake Washington Blvd. in the City of Renton. The Provosts wish to build their new residence on Lots 49 and 50. These two lots together equal 3,363 square feet. The property lines of the two lots are angled at the street side to follow the north/south path of the easterly Burlington Railroad's tracks. Lot 49 is 20 feet wide. Lot 49's depth is 71 feet from the east front property line to the west rear yard rock retaining wall at the eastern face. To the west of the rock wall is the edge of Lake Washington. Lot 50 is also 20' wide and approximately 100 feet deep following the same description as Lot 49. The westerly edge of both lots 49 and 50 terminate at the existing rock wall. The wall forms the properties land edge.with Lake Washington. Access to these two lots is by way of an access road from Lake Washington Blvd. to the east. Lots 49 and 50 are currently fully developed in conjunction with lots 51 and 52. A single-family residence exists on Lots 52 and 51. The detached garage for the existing residence sits between Lots 49 and 50. The garage will be removed as part of the new proposed residence. Lot 49 also has a detached dock access boathouse in the water to the west with access via lot 49. The new 2-car garage for the new residence will provide the off-street parking for lot 49 and 50. The planned demolition of the existing garage on lot 49 and 50 will require that the current parking spaces provided on lot 51 and 52 be utilized as the required off-street parking for these lots. As shown on the site plan, the two existing off-street parking spaces stretch across the two lots and are therefore 20 feet in depth. The existing spaces are approximately 8 feet wide at the north edge and approximately 9 feet wide at the south end. The size and layout of this parking is due to the existing location of the concrete wall at the West edge and the concrete block wall at the East edge The Provosts understand The City of Renton parking requirements as outlined in section 4- 14-6A1 call for 9 foot wide by 20 foot deep off-street parking spaces. The Provosts therefore will be modifying the existing wall at the existing 8-foot wide area to the required 9-foot width. Due to the Burlington Northern Railroad and neighboring streets to the East, lot 51 and 52 are only accessible by way of the existing 15-foot easement across lot 49 and 50 as shown on the site plan. This will continue to be a working easement with the development of the proposed new residence on lot 49 and 50. A copy of the title report with the easement information is being submitted as part of this variance request. 02:4:c7' t'�4.o„,*o P� • As Lots 49 and 50 are fully developed the only grading that will be required will be to remove the existing garage building, footings and concrete pad. Additional existing concrete paving may need to be removed within the new building setback lines to accommodate the new building pad, foundation and footings. No additional grading is anticipated. Water runoff from the exiting residence and garage currently drains into Lake Washington. The new residence will be provided with roof drains tied into a new down spout and 4" plastic pipe tightline system. The new residence will also have a new 4" plastic perforated footing drain system. Both the new footing drain system and the roof drain tight line system will drain into the lake. Additional required landscaping for the new residence will be minimal. The new house will replace the existing garage and therefore will only require new lawn areas where existing lawn is disturbed as part of normal construction. Presently, the 20-foot front setback, 20-foot rear shoreline setback and 5-foot side yard setbacks for Lots 49 and 50 combined create a buildable rectangular polygon approximately 26-1/2 feet in depth by 30 feet in width. The resulting shape and setback requirements provide a pad of only 855 square feet of buildable area. The Provosts have reviewed the single family zoning requirements for their residential zone (R-8) and the Shoreline Master program for Shoreline Developments and therefore request the following variances to allow a reasonably buildable lot: 1. Allow a variance of Section 4-31-5 D9 which restricts a dwelling to two (2) stories. With the current setbacks and maximum use of the resulting 855 square foot buildable pad, the absolute maximum house size would be 855 times 2 stories, or 1,710 square feet. The actual square footage will even be less, as it is not likely the actual design of the house will fit within the irregular shaped setback lines especially if the façade has any relief. The two new houses to the north are three story structures considerably larger than 1,700 square feet. Adjacent site lines will not be affected due to the low elevation of the lot in comparison to the raised railroad land to the east. 2. Allow a variance from the water's edge setback of 20 feet from the rocky wall to 10 feet. This 20-foot setback is required by the Shoreline Master program item 7.14.01 B. Due to the"Z" shape of the rock wall edge between Lots 49 and 50, see site plan, the 20-foot setback from Lot 49 in fact creates a 56-foot setback for Lot 50. The Provosts request this variance because the shape of the lot with the 20-foot setback unjustly restricts the building pad size. JUSTIFICATION FOR VARIANCE REQUEST Al& Cindy Provost Residence 3707 Lake Washington Blvd N. Renton, WA TCA Job No. 97-06 The two-story restriction in 4-31-5 DGB unjustly restricts the ability to construct a residence over 1,710 square feet on the combined two lot numbers 49 and 50. Of this 1,710 s.f., 440 s.f would be required to accommodate a garage leaving just 1,270 s.f for the residence. This is very small compared to other typical waterfront homes. The Provost's are also requesting the existing 20-foot shoreline setback be changed to 10 feet at lot 50. This would require a variance from the 20 feet from water edge requirement in the Shoreline Master program. Due to the 'Z' shape of lots 49 and 50 the 10' change actually only affects the corner of lot 50 as can be seen on the site plan. Even with this additional variance, however, (adding approximately 10 feet by 15 feet)this adds only 300 square feet, bringing the possible total residence size to 1,570 s.f. I , As additional evidence of the two-story and setback restriction's limitations, the two adjacent neighbors to the north both have relatively new"large" three-story homes. Please see the attached photo sketch and elevations. The finished grade elevations of the waterfront lots in this area are sited below site lines due to the elevated nature of the eastern railroad line. No residences or businesses will have their views or site lines obstructed by a third story and the City of Renton 30'-0" height limitation would still be met. Grading of the lot will be minimal as the new residence will be replacing an existing garage. New landscaping will consist of added lawn areas where required to replace existing lawn in the construction zone. As a result of the above issues, the Provost's request for variance from the two-story requirement to three stories and variance from a 20 foot to a 10 foot setback is within the character and existing construction of the neighborhood. A site plan, floor plan, two preliminary elevations and a perspective of the Provost's future home are depicted in the attached information. In our opinion the unfortunate lot shape unjustly penalizes the Provosts due to an internal corner in the parcel. Even when this variance is granted, they are well under the allowable 50 percent lot coverage. This would give them 30 percent coverage. The current code with its restrictions would allow only 25 percent coverage. Thank you for your consideration of the above request. • PROJECT DATA Al & Cindy Provost Residence 3707 Lake Washington Blvd N. Renton, WA TCA Job No. 97-06 Allowable Stories 2 Proposed Stories 3 Allowable Height 30'-0" Proposed Height 30'-0" Parking provided 2-Car Garage Allowable Building Setbacks Front 20'-0" Side 5'-0" Rear 20'-0" Proposed Building Setbacks Front 20'-0" Side 5'-0" Rear(at shallow inside corner of lot) 10'-0" Site Square Footage 3,363 s.f. Building Square Footage Ground Floor 960 s.f. Second Floor 960 s.f. Third Floor 960 s.f. SUBTOTAL 2880 s.f. Garage Allowance -440 s.f TOTAL 2440 s.f. ALTrs Owner's Policy — Form B —Amended 10-17-70 • 1�2 awn _ _ . Sti C!?"-- �-4r��;.J:q"-_t +4 9 -? S'�7 _-"1n '^ 'V ^7",�.7' ir .1: . , ,:4:0.. , STE \ '' ART A i,tit;' .p '' 3; GUARANTY COMPANY ( ,r' M I,) POLICY OF TITLE INSURANCE ISSUED BY �( ,;4%, ,» t. a'1'E' VA11T TITLE:. `� COMPANY OF WASHINGTON, INC. t , 4 801 Second Avenue �, 1 Seattle,Washington 98104 A t- k; : i SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND t , . ,ile THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY a '� c'iR• COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in (., ,), ((':• 1a,t Schedule A, against loss or damage, not exceedingthe amount of insurance stated in Schedule A, and costs, attorneys , �` , .,.I. g 9 y (l4 ), fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by K , (' `�. f reason of: {Ip 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; c! 1 • " ' 2. Any defect in or lien or encumbrance on such title; (�� ) — k.i ° '' 1 3. Lack of a right of access to and from the land;or 0V.f.$ 34, Ot 4. Unmarketability of such titl •e � tJ�, IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its �, 1 ei duly authorized officers as of Date of Policy shown in Schedule A. (CO. Ill ;14ft: ! p' STE\VARY TITLE ry' r lua �� GUARANTY COMPANY ' � •(�ii � 3��;11 �� 0// d111u��1E 6p a . 9� ie Chairman of the Board ``,C,.''+*�''q'� = Presnlrnrl �' t ) Countersigned: 3' C,,- -it .9y�_ r(� da° il} ) STEWART TITLE COMPANY OFWASHINGTON, INC. Ni• 1908 (( )� i• Authorized Countersignature A 0 1e4 (- )1. „It, EXCLUSIONS FROM COVERAGE ( kl }g A S, . s.0Ss, h,1..\ 's i.)1 The following matters are expressly excluded from the coverage of this policy: i )� ;(, '!, 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or ',1) ` jI prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or ; -ik., hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of thu land,or the effect :' 4 `''' of any violation of any such law,ordinance or governmental regulation. (. w jlplC 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public ;. {�G ..f.Aj} records at Date of Policy. (,l, `hTf,,) 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed or agreed to by the insunnl claimant, Ibl not , a4. , • + known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date )( i��? such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimunt to the Compani. ( ). { prior to the date such insured claimant became an insured hereunder; (c) resultingin no loss or damage to the Inxured claimant; Idi g e° fi'! attaching or created subsequent to Date of Policy; or le) resulting in loss or damage which would not have been susr,rined if the insured !r a r claimant had paid value for the estate or interest insured by this policy. { 1•,a) rim :•-� 1 ins: b - \^ _ _- $ i- Page 1:,• ---- --- --- - --- — .1 rem. - r X�, `. -, . ,4 1 rt Pohcy 0-6301 ,_. _ �_ { _� .s. ,* ); c.5 Serial fvo. LI �a -ice y ', *�—'• G 2 : 631 (5M°1-86) .....-w.._.a..�........,.-f,li:.:b......ry...,:.3e':�"'u".L''_ _J=i"......N:':S J.'6. .._.<..i.u.t�✓JS'..Ln'ieT.fuw�.e1a;.L:`...'.+.n.6r1 u5�...J....^..i�S.3'""+��.uV.�w-_.r....4..1-...?N.�-...r.._ ...--�. • Standard Coverage, TITLE GUARANTY COMP2L._' A. L.T.A. OWNER' S POLICY - Amended 10/17/70 SCHEDULE A Order No . : 40072 ' Policy No . : 12910 Policy Date : October 16, 1986 Policy Amount: $125, 000. 00 • i at 81: 30 a.m. • 1 . Name of Insured: ALAN E. PROVOST, an unmarried person it • 2 .. The estate or1 interest in the land described herein and which is covered by this Policy is: FEE SIMPLE . • 3 . The estate or: interest referred to herein is at date of Policy vested in: ALAN E. PROVOST, an unmarried person I � 4. The land referred to in this Policy 'is described as follows: Lots 51 and 52, Block "A" , Hillman' s Lake Washington Garden of Eden Addition to the city of Seattle, Division No. 2; TOGETHER WITH 2nd class shorelands adjacent; TOGETHER WITH that portion of the westerly 15 feet of the former Northern Pacific Railway right of way lying between the north line of Lot 49 and the south line of Lot 52, produced east. • Standard Coverage STEWART TITLE GUARANTY COMPANY A. L.T.A. OWNER' S POLICY - Amended 10/17/70 SCHEDULE B Policy No. : 12910 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1 . Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public record. 3 . Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen' s Compensation Act not shown by the public records. 5 . Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to work. 7 . Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal . SPECIAL EXCEPTIONS: As on Schedule B, page 2, attached. (continued) Policy No. : 12910 EC—�� A. L.T.A. OWNER' S POLICY - Amended 10/17/70 � 'j 1997 SCHEDULE B ` i Page 2 UEVELOuidiaNT PLANNING �Ir/OF R�TON SPECIAL; EXCEPTIONS: 1 . AN EASEMENT AFFECTING THE PORTION OF , SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES: FOR: Transmission distribution line IN FAVOR OF: PugetSound Power and Light Company DISCLOSED BY INSTRUMENT RECORDED: October 1, 1930 RECORDING NUMBER: 2633233 AFFECTS: An undeterminable portion of said premises 2 . AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES: FOR: Ingress, egress and utilities DISCLOSED BY INSTRUMENT RECORDED: July 8, 1966 RECORDING NUMBER: 6052562 AFFECTS: Portion of the westerly 15 feet of the former Northern Pacific Railway right' of way 1 I 3 . AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES: FOR: Public utilities IN FAVOR OF: City of Renton DISCLOSED BY INSTRUMENT RECORDED: March 23, 1972 RECORDING NUMBER: 7203230364 AFFECTS: An underterminable portion of said premises (continued) Policy No. : 12910 SCHEDULE B Page 3 4. Question of location of lateral boundaries of said second class tide (or shore) lands. 5 . Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. 6. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. 7. DEED OF TRUST TO SECURE AN INDEBTEDNESS: GRANTOR: Alan E. Provost, an unmarried person TRUSTEE: Stewart Title Company BENEFICIARY: United Savings and Loan Bank, a Washington corporation AMOUNT: $100, 000. 00 DATED: October 9, 1986 RECORDED: October 16, 1986 RECORDING NUMBER: 8610160026 END OF SCHEDULE B JG/11/7675e I , HOMEOWNER'S INFLATION PROTECTION ENDORSEMENT ATTACHED TO POLICY SERIAL NUMBER 12910 ISSUED BY STEWART TITLE GUARANTY COMPANY 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 said Policy, hereby modified said Policy, as follows: 1. Notwithstanding anything contained in said Policyito the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to comulative annual upward adjustment in the manneriand to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to 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 the Endorsement': 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 Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding extends 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 Construction 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 Company of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this Endorsement 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, iniwhich the Insured Owner resides or intends to reside; or, b. The land consists of a residential condominium, unit, together with common elements appurtenant thereto! and related to residential use thereof, in which the Insured ' Owner resides or intends to reside. This Endorsement is made a part of the Policy or Commitment and is subject to all the terms and provisions thereof and of any prior endorsements' thereto. Except to the extent expressly stated, it neither modified any of the terms and provisions of the Policy or Commitment and prior endorsements, if any, nor does it extend the effective date of the Policy or Commitment and prior endorsements or increase the face amount thereof. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Issued by: STEWART TITLE GUARANTY COMPANY Stewart Title Company Countersigned of Washington, Inc. 801 Second Avenue, Suite 600 • Seattle, Washington 98104 (206) 622-1040 Authorized Signatory - NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. Inflation Endorsement l • - 1I , ;:: ,�' STEWART TITLE COMPANY 1 of Washington, Inc. » ;L,. ....:, ;. ORDER NO. 400 -a IMPORTANT:This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. PD1 ! ~ •• i • / /` �, / • ., ., r • •)1,44 J , •••••^Pirvbci • 2r p - u • - IIr 0en* v / w 4.4 � a y`41 1 ` _.1 I:1=g al" Awry • 0., �'t.. '* ,•� _ 'i. r. �_ i , w•nAattirs� v 6047 r if 41P6Mir Gip: ''' A4'%. iit ,. . ...., / ,. 5., cc, .. i •c .k,cA., 1 , . .;:•,., ..,wapi.k, se ; 0 .. __ _ _____ .„. . . tit Ift. _, ---4 Q1/4 4,110, 77•5#.e, 0 41., ..k. 4. N, ____ — t°1tA147 ... .,7 • + r` /1' I HORTH v —- --/IL. . a .xgr • t• V ss 3. .5 .,. f'�r �' I ?o2./ I • r x I s1, ‘10 1 I 'O . o I. c.1I ., �:Yn::,�;:l:a+a...,::<:�,t,'�,:r;�":`•e..:a+;..:.v.'4'.w;-7:.�,I,.u.l-a.....:G6:::'.....Wu.,._....r......... .......r. .,. .,s. ..,...+._. .._.. _-.. .'w.r,n..i...,HOMEOWNERS • ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 12910 ISSUED BY STEWART TITLE GUARANTY COMPANY Herein called the Company 1. This Endorsement shall be effective only if at date of Policy there is located on the • land a structure designed for and used as a residence of not more than four families. The Term "structure" includes the principal dwelling structure on the land and all other improvements related to residential use, except lawns, shrubbery or lawns, shrubbery or trees and except perimeter fences and perimeter walls. • 2. The Company insures the Insured, as of date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurancelstated in Schedule A, and costs, attorneys' fees and expenses which Company may become obligated to pay hereunder, sustained or incurred by said Insured by reason of: a. The existence of any of the following matters:' (1) Lack of a right of access from the land to a public street; (2) Taxes or assessments that are not excepted from the coverage of this Policy in Schedule B; (3) Unrecorded statutory liens for labor or material, arising from a work of improvement on the ,land completed at date of Policy, except liens arising from a work of improvement for which the Insured has agreed to pay or for which the Insured, at date of Policy, knows payment has not been made. b. The enforced removal of said structure or the interference with the use thereof for ordinary residential purposes based upon the existence of: (1) The encroachment of said structure onto adjoining lands or onto any easement referred to in Schedule B or onto any unrecorded subsurface easement; (2) The violation!of any enforceable covenants, conditions and restrictions; 0) The violation;of any zoning ordinance, but this Endorsement does not insure compliance with building codes, housing codes :or other exercise of governmental policy power. c. Damage to said structure resulting from the 'exercise of any right to use the surface of the land for the extraction or development of minerals . This Endorsement is made a part of said Policy and is subject to the Schedule, Conditions and Stipulations thereof except that General Exceptions paragraphs 2, 3, 4 and 7 of Schedule B shall not limit or exclude the insurance otherwise provided by this Endorsement. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. • Issued by: STEWART TITLE GUARANTY COMPANY Stewart Title Company Countersigned of Washington, Inc. r� 801 Second Avenue, Suite 600 Seattle, Washington 98104 (206) 622-1040 Authorized Signatory Homeowners' Endorsement / FROM COC ,. RA ASSOC ATES . t,D i peat-It'Fax Now 7671 Da1A •pages • Frow+ • To C leAA r1-t hi c Are—_ Prl!` ScJiArf AJthe Co/Dt11 pew Co. ,^,y�� LI rl a�� Phona01CA ITV1lD� Phane "�^'a Associates rtitO Fax 1► � ^,77-4 fJ =Fax r , vsz-1 a�-(i 0 VIA FAX (425) 2T7- 4455 Page 1 of t�p June 20, 1997 Lesley Nishihira ,'UN 2 0 VB7 Planning Technician City of Renton • Planning/ Building/ Public Works Department �`'s1'-cJttyU UIVlSifl 200 Mill Avenue South—Renton, Washington 98055 Re: Provost Residence Variance Application City of Renton Reference No. LUA97-065 TCA Job No. 97-06 Dear Lesley, Per our phone conversation today I wanted to give you a written response to our delay in submitting the variance documents_ As I Informed you, we have everything ready to turn in with the exception of the plan reduction PMTs. We feel we do not need the requested grading plan and drainage plan for this submittal. We understand you will check with your department staff, using the information you have received, to determine If these two plans are needed at this time for our submittal. I have attached a copy of the revised Project Narrative, Justification For Variance Request, Project data sheet, and Site Plan for your use at this time. I was not sure if you needed this information to make your decision. Please give me a call if you have any questions of need additional information. Sincerely, ' Eric L. Sch©er The Cochran Associates Architects, AIA 97-060062007/WIIIIomo Renton/Marlow-0 Fa.Doc. AIA Archltecls 9311 SE 38th Street, Surtc 220 Me -c:r Island, WA 08040 ?0t,123: 8489 Fax 2061232.a208 FROM COCHRAN ASSOCIATES 6 2 � I PROJECT NARRATIVE Al & Cindy Provost Residence 3707 Lake Washington Blvd N. Renton,WA TCA Job No. 97-06 • The Provosts currently own lake frontage Lots 49 through 52 along Lake Washington Blvd. in the City of Renton. The Provosts wish to build their new residence on Lots 49 and 50. These two lots together equal 3,363 square feet. The property lines of the two lots are angled at the street side to follow the north/south path of the easterly Burlington Railroad's tracks.. Lot 49 is 20 feet wide. Lot 49's depth is 71 feet from the east from property line to the west rear yard rock retaining wall at the eastern face. To the west of the rock wall is the edge of lake _ Washington. Lot 50 is also 20' wide and approximately 100 feet deep following the same description as Lot 49. The westerly edge of both lots 49 and 50 terminate at the existing rock wall. The wall forms the properties land edge with Lake Washington. Access to these two lots is by way of an access road from Lake Washington Blvd. to the east. Lots 49 and 50 are currently fully developed in conjunction with lots 51 and 52. A single-family residence exists on Lots 52 and 51. The detached garage for the existing residence sits between Lots 49 and 50. This garage will be removed as part of the new work proposed in this variance. Lot 49 also has a detached dock access boathouse in the water to the west with access via lot 49. As Lots 49 and 50 are ftilly developed the only gi ceding that will be required will be to remove the existing garage building, footings and concrete pad_ Additional existing concrete paving may need to be removed within the new Building setback lines to accommodate the new building pad, foundation and footings. No additional grading is anticipated. Water runoff from the exiting residence and garage currently drains into Lake Washington. The new residence will be provided with roof drains tied into a new down spout and 4" plastic pipe tightline system. The new residence will also have a new 4" plastic perforated footing drain system. Both the new footing drain system and the roof drain tight line system will drain into the lake. The Provosts understand there is a tree cutting restriction of 25 tbet from the shoreline. This project will not require land clearing, tree cutting, or disturbance of any existing trees_ Lot 50 does contain two existing 40'-50' evergreen fir trees at the west side of lot 50, but they will be approximately 30 feet from the drip line to construction area. 1 FROM • COCHRAN ASSOC iATES - L. '. s Presently, the 20-foot flout setback, 20-foot rear setback and 5-foot side yard setbacks for Lots 49 and 50 combined create a buildable rectangular polygon approximately 26-1/2 feet in depth by 30 feet in width. The resulting shape and setback requirements provide a pad of only 855 square feet of buildable area. The Piuvosts have reviewed the single family zoning requirements for their residential zone (R-8) and the Shoreline Master program for Shoreline Developments and therefore request the following variances to allow a reasonably buildable lot: 1. Allow a variance of Section 4-3 1-5 D9 which restricts a dwelling to two(2)stories. With the current setbacks and maximum use of the resulting 855 square foot buildable pad, the absolute maximum house size would be 855 times 2 stories, or 1,710 square feet. The actual square footage will even be less, as it is not likely the actual design of the house will fit within the irregular shaped setback lines especially if the façade has any relief The two new houses to the north are three story structures considerably larger than 1,700 square feet. Adjacent site lines will not be affected due to the low elevation of the lot in comparison to the raised railroad land to the east. 2. Allow a variance from the rear yard setback of 20 feet from the rocky wall to 10 feet. This is a variance from 4-31-5 DGB in residential zone R-8. Due to the "Z" shape of the rock wall edge between Lots 49 and 50, see site plan, the 20-foot setback from Lot 49 in fact creates a 56-foot setback for Lot 50. The Provosts request this variance because the shape of the lot with the 20-foot setback unjustly restricts the building pad size. 3. Alk?w a variance from the water's edge setback of 20 feet from the rocky wall to 10 feet. This 20-foot setback is required by the Shoreline Master program item 7.14.01 B. Due to the"Z" shape of the rock wall edge between Lots 49 and 50, see site plan, the 20-foot setback from Lot 49 in fbct creates a 56-foot setback for Lot 50_ The Provosts request this variance because the shape of the lot with the 20-foot setback unjustly restricts the building pad size. FROM COCHRAN ASSOCIATES 1iC4 III I I' JUSTIFICATION FOR VARIANCE REQUEST Al & Cindy Provost Residence 3707 Lake Washington Blvd N. Renton, WA TCA Job No. 97-06 The two-story restriction in 4-31-5 DGB unjustly restricts the ability to construct a residency over 1,710 square feet on the combined two lots numbers 49 and 50. Of this 1,710 s.f.;, 440 s.f would be required to accommodate a.garage leaving just 1,270 s.f for the residence. This is very small compared to other typical waterfront homes. The Provost's are also requesting the existing 20-foot rear yard setbacks be changed to 10 feet at lot 50. This would require a variance from the 20 feet required for R-8 zoning and 20 feet from waters edge in the Shoreline Master program. Due to the'Z' shape of lots 49 and 50 the 10' change actually only affects the corner of lot 50 as can be seen by the site plan provided. Even with this additional variance, however, (adding approximately 10 feet by 15 feet)this adds only 300 square feet, bringing the possible total residence size to 1,570 s.f. As additional evidence of the two-story and setback restriction's limitations, the two adjacent neighbors to the north both have relatively new"large" three-story homes. Please see the attached photo sketch and elevations. The finished grade elevations of the waterfront lots in this area are sited below site lines due to the elevated nature of the eastern railroad line. No residences or businesses will have their views or',site lines obstructed by a third story and the City of Renton 30'-0" height limitation would still be met. . I The Provosts understand there is a tree cutting restriction of 25 feet from thc shoi eline. This project will not require land clearing, tree cutting, or disturbance of any existing trees. Lot 50 does contain two existing 40'-50' evergreen fir trees at the west side of lot 50, but they will be approximately 30 feet from the drip line to construction area. As a result of the above issues, the Provost's request for variance from thc two-story requirement to three stories and variance from a 20 foot to a 10 foot setback is within the character and existing construction of the neighborhood. Two preliminary elevations and a perspective of the Provost's future home is depicted in the attached information. In our opinion the unfortunate lot shape unjustly penalizes the Provosts due to an internal corner in the parcel. Even when this variance is granted,they arc well under the allowable 50 percent lot coverage. This would give them 30 percent coverage. The thrrent code with its restrictions would allow only a 25 percent coverage. Thank you fox your consideration of the above request. P PROJECT DATA Al &Cindy Provost Residence 3707 Lake Washington Blvd N. Renton. WA TCA Job Nu. 97-06 Allowable Stories 2 Proposed Stories 3 Allowable Height 30'-0" Proposed Height 30'-0" Parking Provided 2-Car Garage Allowable Building Setbacks Front 20'-0" Side 5'-0" Rear 20'-0" Proposed Building Setbacks Front 20'-0" Side 5'-0" Rear(at shallow inside comer of lot) l 0'-0" Site Square Footage 3.363 s.f. Building Square Footage Ground Floor 960 s.f. Second Floor 960 s.f. Third Floor 960 s.f. SUBTOTAL 2880 s.£ Garage Allowance TOTAL 2440 s.f. FROM • COCHRAN ASSOCIATES r • 0 5 . I 1 1 / ..j.-;:7 •.,;;,--..- _ /____%,_ FILL.,Plap-rr t,r40- 15! if— -- I ) ----7z:S. • 12,346.6, / ) Z ?I --- _i_ 411 `-`"1—. - - - - •• 7 r e-II 4 .k LI .-151-4.b.J I - I a 7.CA17- __C_Iage .------ -----,--- _ I / / yll I I _ grreAry, 54725-J"-ks:: ...' to",44 P-811 / / f-7— •-—F-1: .4,0"tal,A4•File ..I I-DT F>,' .\ I • - . / I I r_ i_ MI aeAl,szne-Te.Ea ---wiEri 4(EN .1.01.4.-47 IPLscre.-4c-ic. V' I I 1,1F-Mt. 1,11.4...1 / > --e776.M. 4. ea-%eo.4414 moersxr-r LA w=... I ./ I I My µif-14 i, I I ,IE.1 ea,t-e•4-4.1,1..a._— FIRST LEVEL PLAN I ' :.'•..4 1 I . . . • , . • • • • • . • • . :. • - -..,....-',e,.....--e4,2ize4::;ilk. ...,1!......i-!...- - • ,:. . f/- ..;••:77:-.44.iliii-4---- . •, . I 1 I 1 . e 997 Cochran Associates 'OA, LNG VIA FAX (425) 277- 4455 Page 1 of 1 June 13, 1997 Lesley Nishihtra Planning Technician City of Renton Planning/Building/ Public Works Department 200 Mill Avenue South Renton, Washington 98055 Re: Provost Residence Variance Application City of Renton Reference No. LUA97-065 TCA Job No. 97-06 Dear Lesley, Per our phone conversation yesterday afternoon and per your letter dated June 9 1997, it is our understanding that our three weeks for submitting additional documents is almost up As I stated on the phone we will no longer be the contact person on this project This is due to a recent discovery of a potential conflict of interest with our firm and the client. We apologize for any inconvenience this may cause you_ The new contact person for this project will be Mr Mitch Williams. The following Is his address and phone number Mr. Mitch Williams M.P. Williams Construction Co., Inc_ P0. BOX 361 Mercer Island, WA 98040 (206) 236-2271 This letter i$ also to serve as our written response to your request for clarification of our intentions concerning the additional variance application information We have finished the elevations you requested and plan to submit this information to Mr Williams today It is our understanding that Mr. Williams will submit the information you have requested in your May 15 letter to our office sometime next week. Please give Mr. Williams or myself a call if you have any questions_ Sincerely, Eric L. Scheer The Cochran Associates Architects, AIA cc: Mitch Williams, M.F. Williams Construction Co., Inc. 97-ero613 Pvrim„a e.i ronr taidei os Fait oa. AIA Architects 9311 SE 36th Street, Suite 220 Mercer Island. WA 98040 206/232 8489. rax• 206/232-A2E8 inn ' a SHIV I SOSSV NViHSOS WOeld CIT OF RENTON ••� Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 9, 1997 I . Eric L. Schaer The Cochran Associates 9311 SE 36th St. Suite 220 Mercer Island, WA 98040-3741 Dear Mr. Schaer: The purpose of this letter is to follow up on the additional submittal requirements requested May 15th for the "Provost Residence" Variances application (LUA97-065). As stated in the May 15th letter (attached), the materials you submitted May 13th would be held for three weeks. It has now been three weeks. Please submit a written response to me within 7 days stating your intentions for the application. If I have not heard from you by June 16th, I will return the incomplete application to you via mail. A refund will then be issued in approximately 3 weeks to both you ($5.44) and the Provosts ($750.00) for the amounts indicated on our receipts (attached). If you have any question, feel free to call me at 277-6170. Sincerely, Lesley Nishihira Planning Technician cc: Al & Cindy Provost 200 Mill Avenue South - Renton, Washington 98055 CITI-OF RENTON :.u.y'•\ Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 15, 1997 Eric L. Schaer The Cochran Associates 9311 SE 36th St. Suite 220 Mercer Island, WA 98040-3741 Dear Eric: Thank you for your May 13th land use application for the"Provost Residence" Variances (LUA97-065). In order to process this application, we will need the following information as required by the Shoreline Substantial Development Permit: • 1. 11 copies (plus 1 colored for display purposes) of a revised site plan. In addition to the information already on the plan, this will need to include: A. The proposed parking for both the existing and proposed structures. (The R-8 zone requires 2 off-street parking spaces per residence.) B. The front and rear yard setbacks from the closest points of the structure to the property lines. 2. 11 copies of a revised variance justification. You will need to address both the height/story and setback variances. Your discussion of the setback variance must discuss the three issues the variance is required for: A. The Shoreline Master Program. -Residential structures are required to be setback from the water's edge a minimum of 20 feet. B. The R-8 zoning regulations. -Structures require a 20 foot rear yard setback from the property line. C. The Land Clearing and Tree Cutting Regulations. -Trees within 25 feet of the shoreline can not be cut. If plans do not involve cutting trees, please state that in your justification. Also, please describe the location and size of trees that will remain on the property. 3. 11 copies of a revised project narrative. You will need to address the adjacent water area to the property and the nature of the existing shoreline as required under the Shoreline Substantial Development Permit submittal requirements. • 200 Mill Avenue South - Renton, Washington 98055 4. 11 copies(plus 1 colored for display purposes) of the Architectural Elevations. Heights must be defined, including base elevations. 5. 12 copies of a Grading Plan(if applicable). • 6. 5 copies of a Drainage Plan. Plans must be stamped by a licensed engineer and must comply with the requirements of the Renton Municipal Code, Section 4-22 and the 1990 King County Surface Water Management Design Manual as adopted by the City of Renton. 7. 4 copies of a Drainage Report. Reports must be stamped by a licensed engineer and must also comply with the requirements mentioned above. 8. 5 copies (plus 1 colored for display purpo es) of a Landscaping Plan. 9. 5 copies of Proposed Floor Plans. 10. 4 copies'of a Tree Cutting/Land Clearing tree.inventory)Plan. 11. Plan reductions (PMTs) of each of the abo a plans. At this time your project application has not been accepted.: In order to initiate the review of your application, you will'need to meet all of the submittal requirements listed above. We will hold the materials you submitted.May 13th for three weeks. If you have any questions or concerns regarding these submittal requirements,,please feel free to call me at 277-6170 or Mark Pywell (the project planner)at 277-5586. Sincerely, (.t . Lesley Ni Planning Technician CochranPROJECT NARRATIVE Associates Al&Cindy Provost Residence• 3707 Lake Washington Blvd N. Renton,WA TCA Job No. 97-06 The Provosts currently own lake frontage Lots 49 through 52 along Lake Washington Blvd. in the City of Renton. The Provosts wish to build their new residence on Lots 49 and 50. These two lots together equal 3,363 square•feet.• The two lots are angled at the street side to follow the north/south path of the easterly Burlington Railroad's tracks. Lot 49 is 20 feet wide. Lot 49's depth is 71 feet from the east front property line to the west rear yard rock retaining wall at the eastern face. Lot 50 is also 20' wide and approximately 10 feet deep following the same description as Lot 49. Access to these two lots is by way of an access road from Lake Washington Blvd. to the east. The Provosts currently own Lots 49 through 52. A single family residence exists on Lots 52 and 51. The detached garage for the residence sits between Lots 49 and 50. Lot 49 also has a detached dock access boat house in the water to the west. Currently the 20-foot front setback, 20-foot rear setback and 5-foot side year setbacks for Lots 49 and 50 combined create a buildable rectangular polygon approximately 26-1/2 feet in depth by 30 feet in width. The resulting shape and setback requirements provide a pad of only 855 square feet of buildable area. The Provosts have reviewed the single family zoning requirements for their residential zone (R-8) and request the following two variances to allow a reasonably buildable lot: 1. The first is to allow a variance from the rear yard setback of 20 feet from the rocky wall to 10 feet. This is a variance from 4-31-5 DGB. Due to the`Z" shape of the rock wall edge between Lots 49 and 50,the 20-foot setback from Lot 49 in fact creates a 56-foot setback for Lot 50. Please see the reduced plan attached to this - narrative for a graphic representation of the above. The Provosts request this variance because the shape of the lot with the 20-foot setback unjustly restricts the building pad size. 2. The second is to request a variance of Section 4-31-5 D9 which restricts a dwelling to two (2) stories. With the current setbacks and maximum use of the resulting 855 square foot buildable pad, the absolute maximum house size would be 855 times 2 stories, or 1,710 square feet. As it is not likely or common that a residence adjacent be designed as a simple two-story cube. The actual square footage will therefore be less if the facade were to have any relief. R E C'E l V F AIA'Architects MM y 1 3 1997 9311 SE 36th Street, Suite 220 Mercer Island, WA 98040 DEVELOPMENT PLANNING 206/232-8489, Fax: 206/232-8268 CITY OF RENTON • • • • • I • • -i_ - "• ♦ ,144 •ice.. .. .- • _ "• . • ,f • • L.c o,./,‘,/ ,/027/L/ RECE WED 'Prig( , d 1997 DEVELOpNiEN I PLj NNING CITY OF RENTON ________•___.___ ----- ,N,-/----- 1. .7.1ad -.---LGZI /Se'(7'- /‘ )/.'' , `NA \ `AVNili 4f •-., . ::, 1: • . .‘41b,IT utAk411,;1',tAt? .t ,./ 1 1 I I•/.. tk4 0 4 jo or It L * •1 : , : . .. .• , : ),,, %,....•-..i,, -. - i - ***'''''''-'3"----;•-.!.. . . );'.."1.1:...'..:) .• • .3.'''i. " ..': .'•,,: ...i 4. ' "(t-40/,/, - cs-tA-1"-‘ i—, , -------------77,---,,.__:_,. /'. ---- . .„.„... .. - -.7., -•#.,..-0. .......t...z bi . .? . 1.4,e„: Lelf, . ------4111160111rearz ___. 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'I 1.1,,14117 ----.. ..'"---..-_____. --. . 4":11---7111:1114__--.........._Is.111-17. ---,,,,---- k- Lk . . f�. **************************************************************** City of Renton WA Reprinted: 05/13/97 11 :44 Receipt **************************************************************** Receipt Number: R9702994 Amount : 250 . 00 05/13/97 11 :44 Payment Method: CHECK Notation: #1484 C.PROVOST Init : LMN Project # : LUA97-065 Type : LUA Land Use Actions Parcel No: 334270-0260 Site Address : 3707 LAKE WASHINGTON BL N Total Fees : 755 .44 This Payment 250 . 00 Total ALL Pmts : 750 . 00 Balance : 5 .44 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0019 Variance Fees 250 . 00 M41/0 **************************************************************** City of Renton WA Reprinted: 05/13/97 11 :46 Receipt **************************************************************** Receipt Number: R9702995 Amount : 5 .44 05/13/97 11 :45 Payment Method: CASH Notation: SCHAER Init : LMN Project # : LUA97-065 Type: LUA Land Use Actions Parcel No: 334270-0260 Site Address : 3707 LAKE WASHINGTON BL N Total Fees : 755 .44 This Payment 5 .44 Total ALL Pmts : 755 .44 Balance : . 00 **************************************************************** Account Code Description Amount 000 . 05 . 519 . 90 .42 . 1 Postage 5 .44 4110 **************************************************************** City of Renton WA Reprinted: 05/13/97 11 :43 Receipt **************************************************************** Receipt Number: R9702993 Amount : 500 . 00 05/13/97 11 :43 , Payment Method: CHECK Notation: #3261 A.PROVOST Init : LMN Project # : LUA97-065 Type : LUA Land Use Actions Parcel No: 334270-0260 Site Address : 3707 LAKE WASHINGTON BL N Total Fees : 755 .44 This Payment 500 . 00 Total ALL Pmts : 500 . 00 Balance : 255 .44 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0019 Variance Fees 500 . 00