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CERTIFICATE OF
CONDITIONAL APPROVAL
FOR A NONCONFORMING USE AND STRUCTURE
City of Renton File Number: LUA-97-020, CAP
• Location: 437 Williams Avenue North
Business Name (If applicable): Four Thirty Seven Williams Avenue Condominiums--
16-units
• Legal Description/King County Assessor's Property Identification Number: Lots
. 10 through 12 of Block 15, Renton Farm Plat No. 4.
Background: The City in June 1993 zoned the subject site to the Single Family (now
• R-8) Residential Zone. Formerly, the site was zoned R-4, Residential Multi-Family. The
• property owner requested a conditional approval permit in order to permit the existing
16-unit multi-family/condominium use and building to be re-established in the event of a
catastrophic loss to the structure.
Description of non-conforming use and structure granted Conditional Approval:
• The subject site contains a sixteen-unit condominium building on approximately 14,240
square feet. The building is located in a predominantly single family area in North
Renton. The existing apartment building is a three-story, wood-frame rectangular
structure with a mansard style roof and a parking garage on the first floor. It is
approximately 90 feet by 120 feet in size. The front yard setback varies from
approximately 18 feet for the northern half of the building to approximately 25 feet for
the southern half. The building lobby, which is located near the center of the structure,
projects to within about 10 feet of the front priority line. The building has a 10 to 15-foot
side yard along its southern property boundary and a lesser setback on the north side. t
Date of Conditional Approval/Period of Validity/Date of Expiration: City Council
approved on April 1, 1996. This permit is valid from 14 days after the date of approval
until April 1, 2006. During this period, the property owner must comply with all of the
conditions listed on the attached "Declaration of Restrictive Covenants" recorded with
King County under #9705141680 in order for this approval to remain valid. This permit
will expire on April 1, 2006 unless the original approval body grants an extension.
Conditions of Approval: See attached "Declaration of Restrictive Covenants" dated
• April 22, 1997.
• Transferability: This permit is transferable to, and binding upon, future purchasers,
j heirs and assigns and runs with the land.
%
Benefits of this Permit: This permit entitles the nonconforming structure and use to be
remodeled, reestablished, or rebuilt even though the cost to remodel or reestablish the
use or structure would exceed 50% of the most recently assessed or appraised value.
...e•-.. -"--"-z.e.4- C-- eivoz---- 4— --,7
proved by the City of Renton Date
t evelopment Services Division Director
a r '
4.
After recording return to:
Brian L.Holtzclaw,Esq.
Cairncross&Hempelmann
70th Floor Columbia Center
701 5th Ave.
Seattle,Washington 98104-7016
DECLARATION OF RESTRICTIVE COVENANTS
Reference numbers of related documents: 7809130737 (Declaration and Covenants,
Conditions,Restrictions and Reservations for
Four Thirty-Seven Williams, a Condominium)
s:IC ,
Grantor(s): 1. Four Thirty-Seven Williams
Association of Apartment Owners
Grantee(s): 1. Not applicable.
Legal Description: 1. Abbreviated form: Lots 10, 11, and 12,
Block 15, Renton Farm Plat No. 4
2. Additional legal description is on page 1 '
of document
Assessor's Property Tax Parcel Account 261740-0010-0
Number(s): 261740-0020-0
261740-0030-0
261740-0040-0
261740-0050-0
261740-0060-0
261740-0070-0
261740-0080-0
261740-0090-0
261740-0100-0
261740-0110-0
261740-0120-0
261740-0130-0
261740-0140-0
261740-0150-0
261740-0160-0
blh/major/201248a.m89
. I �
WHEN RECORDED RETURN TO: Project File#
Brian L.Holtzclaw,Esq. Parcel Tax Account#s
Cairncross&Hempelmann,P.S. Grantor(s)Name
701 Fifth Avenue,70th Floor RTSQ
Seattle, Washington 98104-7016
DECLARATION OF
RESTRICTIVE COVENANTS
WHEREAS, the FOUR THIRTY-SEVEN WILLIAMS ASSOCIATION OF
APARTMENT OWNERS ("Association")are the owners of the following real property
located at 437 Williams Avenue North in the City of Renton, County of King, State of
Washington, DESCRIBED AS FOLLOWS: •
Apartments 101, 102, 103, 104, 105, 106, 107, 108, 201,202,
203, 204, 205, 206, 207, and 208 of Four Thirty-Seven
Williams, a condominium, which is located on Lots 10, 11, and
12, Block 15, Renton Farm Plat No. 4, according to plat thereof
recorded in Volume 13 of Plats, page 90, Records of King
County, Washington.
WHEREAS, the owner(s) of said described property desire to impose the following
tiO restrictive covenants running with the lands as to use,present and future, of the attached
9-4
described real property;
WHEREAS, the following restrictive covenants solely concern the terms by which the
City of Renton has granted a conditional approval permit for the above-described real
property pursuant to City Ordinance No. 4584. This ordinance and the conditional approval
permit allow greater flexibility in rebuilding the nonconforming structure and maintaining the
nonconforming use upon this property than the City of Renton Zoning Code and
nonconforming use regulations currently otherwise allow;
WHEREAS, City of Renton regulations of this date normally prohibit re-establishing
the nonconforming use and/or structure when loss or damage to a nonconforming structure
exceeds fifty (50%) percent of its most recently assessed or appraised value prior to the loss or
damage;
WHEREAS,neither the conditional approval permit that the City grants for the
above-described real property nor these covenants affect in any manner the right to re-
establish the nonconforming use or to rebuild the nonconforming structure that inheres to the
1
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currently existing use of this property where the costs associated with re-establishing the use
and/or structure do not exceed fifty (50%)percent of their most recently assessed value;
WHEREAS, the currently existing nonconforming use upon the aforesaid real property
is a sixteen-unit condominium located at 437 Williams Avenue North,Renton, Washington;
and
WHEREAS,the Association has authorized its Board of Directors to execute this
Declaration of Restrictive Covenants;
NOW, THEREFORE, the aforesaid owners)hereby establish, grant and impose
restrictions and covenants running with the land hereto attached described with respect to the
use by the undersigned,their successors, heirs, and assigns as follows:
A. The conditional approval permit for the existing use, sixteen-
unit condominium, shall be in effect for a period not exceeding ten(10)years.
If a catastrophic loss of the original structure occurs within the conditional
approval permit period and the site is not redeveloped within two years, the
C conditional approval permit for the non-conforming use shall be revoked.
C
B. The conditional approval permit for the existing structure, a
three-story, sixteen-unit condominium, shall be in effect for a period not
exceeding ten(10) years. If a catastrophic loss of the original structure occurs
within the conditional approval permit period and the site is not redeveloped
within two years of such a loss,the conditional approval permit for the non-
conforming structure shall be revoked.
C. -An application for site plan review shall be made if a
catastrophic loss or an accumulative loss greater than fifty percent(50%) of the
_ assessed value of the structure occurs during the life of this permit. The
replacement structure shall be reviewed to ensure that it is architecturally in
character in terms of its roof treatment, setbacks, etc., with the surrounding
area at that time and,that it complies with all relevant building codes and the
existing zoning codes then in place,to the extent possible.
D. The extent of the existing non-conforming building that may be
replaced with additional nonconforming structure shall not exceed the amount
of the structure accidentally damaged. In no case shall any portion of a
structure that has been found to have been intentionally damaged by the owner
be allowed to be reestablished unless done so consistent with all codes and
regulations then in existence.
2
•
DURATION
These covenants shall commence running with the land upon the date of their
recording and expire at the termination of the Conditional Approval Permits
referenced herein. If at any time said properties are made conforming as to use
and/or structure during the stated life of these covenants, the portion of the
covenants pertaining to the nonconforming use, structure, or both, 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.
Dated: (2 a 02 a , 1997.
FOUR THIRTY-SEVEN
ASSOCIATION OF
C coo ' APARTMENT OWNERS
rl
n
If)
By (2 _ Ci„.w„`n"L
Q) ts: -PReScde ,c}
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ja/,,./4) C u N.v,,v G,,4A.j , to me
' known to be the President of the Four Thirty-Seven Association of Apartment Owners that
executed the within and foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said Association for the uses and purposes therein
mentioned, and on oath stated that Sire is authorized to execute said instrument.
GIVEN under my hand and official seal this 02 day of2t
1•, p•=-'f`y -
- ,,,z,h,
,,,,_ al-t74-_ i_er—
� -5Hr92o� f�iz 1-61-A ?-IA
,_ j % (Print name of notary)
NOTARY PUBLIC in and for the State of
ry -
'�(' '...*A' ' Washington, residing at C� °-ti i
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My commission expires „1,, /p OC7o0 j
major\b 'r, •:.M64 ( J
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LAW OFFICES
CAIRNCROSS & HEMPELMANN, P.S.
A PROFESSIONAL SERVICE CORPORATION
70TH FLOOR,COLUMBIA CENTER,701 FIFTH AVENUE
SEATTLE,WASHINGTON 98104-7016
(206)587-0700
BRIAN L.HOLTZCLAW FAX:(206)587-2308
EMAIL:bholtzclaw@cairncross.com
PLANNING DIVISJON
CITY OF RFNTC"'
June 3, 1997 JUN 4 1997
RECEIVEb
Mr. Donald K. Erickson r
Planner
City of Renton
200 Mill Avenue South
Renton, Washington 98055
Re: Conditional Approval Permit
for 437 Williams Avenue North
Dear Mr. Erickson:
We represent the Four-Thirty Seven Williams Condominium. As you know, the City of
Renton in 1996 revised its code provisions regarding reconstruction of non-conforming uses and
structures. However,the City Council authorized that the 437 Williams Condominium would
receive a conditional approval permit for both the use and structure that would allow the existing
structure and use to be replaced in the event of catastrophic loss. By letter dated March 6, 1996
(copy attached), you requested the Condominium to execute and record a restrictive covenant
consistent with the City Council's authorization.
Enclosed for your records is a copy of the "Declaration of Restrictive Covenants"
recently filed with the King County Auditor. Pursuant to the request in your March 6, 1996
letter, a copy of the Declaration is also being sent to the Development Services Division of the
Planning/Building/Public Works Department. We believe the Declaration is consistent with your
request for a restrictive covenant and is sufficient to warrant issuance of the conditional approval
permit for the 437 Williams Condominium. Accordingly, we would appreciate written
verification that the City has issued this conditional approval permit.
•
Mr. Donald K. Erickson
June 3, 1997June 3, 1997
Page 2
Thank you for your attention to this matter. Please do not hesitate to call if you have any
questions.
Very truly yours,
Brian L. Holtzclaw
BLH:fd
Enclosures
cc: Mr. Gerry Marsh, 437 Williams Condominium
Planning/Building/Public Works Department, City of Renton
201338.m89
.L
MINUTES OF WILLIAMS CONDOMINIUMS
OWNERS MEETING OF MARCH 3, 1997
The meeting was called to order by President Jo Cunningham at 7:00PM.
In attendance were: Jo Cunningham,Robert Hartman, Vince Nelson,K.C. Smith, Gerry
Marsh,Mary Marsh, Chris Swales,Norman Pickup and Perry Wilson. Proxies submitted
to the.Board of Directors from: Kathy Welty,Debra Jackson,Wanda Eng and Rome
Villanueva.
Gerry Marsh read the 1996 meeting minutes. Upon motion and second,the minutes were
approved as read. The president called for the Treasurers Report. Gerry read the 1996
financial summary of expenditures including the balance sheet. He then presented the
1997 budget Motion made by Norman Pickup and seconded by Chris Swales to approve
the budget as read. Unanimously approved.
The Growth Management Act was discussed at length. It was proposed by Norman / ti
Pickup that the action on Growth Mangement be left up to the Board of Directors. P' z 1
Two Directors terms were up. The President called for nominations for Directors.
Robert Hartman and Gerry Marsh were renominated and unanimously reelected for
another term (1997-2000).
UNFINISHED BUSINESS:
Reviewed the accomplishments and projects that had been completed in 1996. The
completed projects were: Replaced and repaired.storage room doors and siding that was
delaminating, and painted the complete area for Unit#201.
Built storage area on the South end of the building.
JOBS TO BE COMPLETED:
1. Clean-up and gravel abandoned flower beds in the back of the building.
NEW BUSINESS:
1. Carpet to be cleaned this spring or early summer. Mary Marsh will arrange to have
this done.
2. Outside windows and sliders will be washed as soon as arrangements can be made.
3. Painting of the railings was discussed and it was agreed that each owner would be
responsible for maintaining and painting their own railing.
I
4. Jo Cunningham and Norm Pickup are going to see what can be done about removing
the automobiles that are non-running and not being kept up.
5. Gerry Marsh and Robert Hartman make up the committee that will investigate the,
cleaning of the exterior of the building(shingles)and what needs to be done to preserve
the shingles.
6. Chris Swales volunteered to get recommendations from roofing companies to advise
us on the condition of the roof and what needs to be done to maintain it in good working
order.
There being no further business to come before the body,the meeting was adjourned at
8:40PM with a Board of Directors Meeting to follow.
****BOARD OF DIRECTORS MEETING
Gerry Marsh was nominated for Secretary-Treasurer by Jo Cunningham, seconded by
Robert Hartman and unanimously elected for another term. (1997-2000)
Having no further business the board adjourned at 9:00PM.
Respectfully submitted,
Secretary-Treasurer
Williams Condominiums
•
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March 6, 1997.; :,.::
`•P hillip-&.Grace`Chan
7940-B Seward Park Avenue 5.
:':Seattle,WA 98118:
- ' ' Subject:' -' -• 43' 5 Williams, -Avenue North z --
530:Williams Avenue North • '•
Thank you for sending in your restrictive covenants for the property located at 530_
` , `:: `; ,Williams Avenue North. :We are,in the process of obtaining the recording number for the
covena•nt on that propertyfrom King County and;finalizing your certificate of conditional ;
,
approval for.this site.''.We expect to mail,this final approval:to you within the next month. '
*.-::::-.,::.•'.•‘:'.::.:. :....:.„.'.
However,:we have not yet•received'the restrictive,covenants for the'ro e' located at:
,. f-.._...:::::::;...-:. • : , 35_Williams`Avenue:North.-We-will rieed',this document iri ord•er to finalize your
::: '.': ...-.Conditional Approval Permit and''issue�a:certificate for.this site:;Please send it to my': :`:
attention at the City of Renton,Development Services Division,,200 Mill Avenue South, ,
. .... ..... , .
''' ' 3rd floor,Renton,WA.98055. =
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- .. - If ou have an Y.q uestions•rg ge ardin this,matter lease, ive me a call at 277-5594. =
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Laureen Nicola As ciate Planner
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CITE F.RENTON
•
Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator .
August 20, 1996
Grace Chan,President
• Homeowners Association for 435 Williams Apartments
7940-b Seward Park Avenue S.
Seattle,WA 98118
SUBJECT: CLASS A NONCONFORMING USE/STRUCTURE REQUEST,435 WILLIAMS
AVENUE N.
Dear Ms. Chan or Current President of Homeowners Association:
Although you were notified of the public hearing on February 19th of this last year, in reviewing our files •
it appears that you may not have been formally notified of the City Council's action this last spring in ; •
-approving nine (9) conditional approval permits for nonconforming uses/structures resulting from the
adoption of the City's new zoning codes in 1993/1995.
Your•project, -along with eight (8) others,:was>approv",ed by City.Council, However, before the
Development Services Division can issue a:Conditional Approval Permit for your non-conforming use
•and/or structure.a restrictive covenant will have to be filed reflecting the conditions that were adopted
'forthis 16-unit apartment building.,,Council required this in order that any subsequent owners or tenants -
at this property will know that the approval was for a specified.number of years and may or may not be
renewed at the time of reapplication:,.The Council,for example, did'not Want to have a situation where a
• :tenant.might be making major tenant improvements only a year,,or`..two before a conditional approval •
permit expired without knowing of this possibility,if the permit was not reissued.
• .. Attached is a sample of a restrictive covenant format."if yen are 'not,familiai with this type-of le al.
instrument. Most applicants have their personaliattorney draft these up for:them, although this is not a
, ' City requirement.` What 'is'important is tthat the"restrictive covenants that are:filed incorporate the
conditions of approval contained in the attached staff report.•Once these_,•have been prepared they should
. :be submitted to Laureen Nicolay in,the'Development Services Section of the Planning/Building/Public :
Works Department She will then circulate them to the City"Attorney for his review.
. Once the Declaration•of Restrictive Covenants are,approved by the City,we will file them with the King
County Elections &Records;Division.'Once recorded, we will be able to issue you your Conditional
Approval Pernut.
.If you have any questions about this process you should contact Laureen Nicolay at 277-5594, or, myself :
•
: .Don Erickson,AICP :
Enclosures: Sample Restrictive Covenants
. : Council Adopted Conditions for Conditional Approval Permit at 435 Williams 7
Avenue • . -
H:\W W60DOT\LETTER.DOTBH
•
•
'200 Mill Avenue South -Renton,Washington 98055.
RI This paper contains 50%recycled material,20%post consumer
•
Conditional Approval Permit Conditions
for Property at 435 Williams Avenue N.
a. The conditional'approval permit for the existing use,a 16-unit apartment, shall be in effect for a
period not exceeding ten(10)years. If a catastrophic loss of the original structure occurs within the
conditional approval permit period and the site is not redeveloped within two years,the conditional
approval permit for the non-conforming use shall not be re-established.
b. The conditional approval permit for the existing three-story, 16-unit apartment building, shall be in
effect for a period not exceeding ten (10) years. If a catastrophic loss of the original structure occurs
within the conditional approval permit period and the site is not redeveloped within two years the non-
conforming structure shall not be re-established.
c. An application for site plan review shall be made if a catastrophic loss or an accumulative loss
greater than fifty percent (50%) of the assessed value of the structure occurs during the life of this
permit ten (10) year permit. The replacement structure shall be reviewed to ensure that it is
architecturally in character in terms of its roof treatment, setbacks, etc., with the surrounding area at
that time and, that it complies with all relevant building codes and the existing zoning codes then in
• .place.to the extent possible.
d. The extent of the existing non-conforming building that may be replaced with additional non-
conforming structure shall not exceed the amount of the structure accidentally damaged. In no case
shall any portion of a structure that has been found to have been intentionally damaged by the owner be
allowed to be reestablished unless done so consistent with all codes and regulations then in existence.
I ,
530WLLMS.DOC/
April 1, 1996
Renton City Council Minutes Page 124
Citizen Comment: Hlavka Correspondence was read from Rick Hlavka, 402 S. Tobin St., Renton, 98055,
Puget Sound Helicopters regarding the operations of Puget Sound Helicopters and asking that Council
terminate the operating agreement for this business.
Citizen Comment: Correspondence was read from Lisa Halstead, 420 S. .1-15th St., Renton, 98057,
Halstead - Puget Sound communicating her continued opposition to the flight operations of Puget
Helicopters Sound Helicopters and suggesting that Council terminate this operating
agreement.
Citizen Comment: Correspondence was read from Marsha Lammers, 1220 N. 4th St., Renton,
Lammers - Use of Metro 98055, representing the Renton School District Transportation Division,
to Bus Students expressing interest in transporting high school students via Metro buses.
OLD BUSINESS Council President Nelson presented a report recommending that staff present
Committee of the Whole the holiday lights proposal to the Park Board, requesting written comments
Parks: Clam Lights Master and recommendations on the proposal to charge admission fees. The
Plan Committee further recommended that Staff investigate community and
corporate interest and financial support for this event, with a report back to
Council. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL
CONCUR IN THE COMMITTEE REPORT. CARRIED.
Planning & Development Planning & Development Committee Chair Keolker-Wheeler presented a
Committee report recommending Council approval of the nine conditional approval
Development Services: permit applications it heard at the public hearing on February 19, 1996. The
Conditional Approval Committee so recommended noting that the enabling ordinance (#4584) for
Permit Requests (9) the conditional approval permit process, adopted by Council on February 12,
1996, is now in effect and the resolution of this unfinished business is now
timely. Approval of these nine initial conditional approval permit applications
will be pursuant to the recommended conditions of approval that were
presented to Council on February 19, 1996 for each of the applications.
MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Development Services: Planning & Development Committee Chair Keolker-Wheeler presented a
National Electrical Code report regarding amendments to the National Electrical Code. The Committee
and Other Uniform Code recommended concurrence in the following staff recommendations:
•
Amendments
1. That Council adopt the ordinance to update the National Electrical
Code with state-wide amendments to the 1996 edition.
2. That Council adopt the two minor revisions to the National Electrical
Code.
3. That Council adopt amendments to the Building, Plumbing,
Mechanical and Electrical Codes to require a $20.00 service fee to
duplicate permits, provided notice of this charge is given the
applicant on all permits issued.
MOVED BY KEOLK IN THEEELER,COMMITT ONDED BY SCHLITZER,
REPORT CARRIED. (See
COUNCIL CONCUR
page 128 for ordinance.)
Transportation (Aviation) Transportation (Aviation) Committee Chair Schlitzer presented a report
Committee recommending that Council adopt the resolution supporting the full King
Metro: Six-Year Transit County Six-Year Transit Plan/Renton Early Implementation Project. The
Plan/Renton Early Committee strongly supports transit service and recognizes the importance of
Implementation Project this project to both the City and the region. Further, the Committee supports
a refinement to the proposed transit routing to the downtown interim hub that
would address citizen concerns yet provide regional transit service connections
and alternatives to the single occupant vehicle, consistent with the City's
' CIT`. bF RENTON
"LLe. Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator
•
March 6, 1996
Jerry Marsh, Secretary Treasurer
Williams Condo Homeowners Assoc.
437 Williams Avenue N., Suite 107 -
Renton WA. 98055
SUBJECT: CONDITIONAL APPROVAL PERMIT FOR 435 WILLIAMS AVE.N.
Dear Mr. Marsh:
Thank you for informing us as to the ownership status of the above referenced property. Because the
initial request had come to us from a Mr. and Mrs.Philip Chan our records had incorrectly listed them" •
as the owners of the subject building. Apparently,they do own a condominium in the building.
As I explained during our telephone conversation yesterday, the subject site was recently authorized
by City Council to receive a ten (10) year conditional approval permit for both the use and structure
that would allow the existing structure and use to be replaced in the event of a catastrophic loss. The
ordinance authorizing this new form of permit will not become law until March 19, 1996.
As you can see from the attached report the homeowners association will need to file restrictive
covenants noting that the existing use and building are legally nonconforming, that both have qualified
for, and been granted a conditional approval permit for a ten year period that would allow full
replacement of the use/structure if a catastrophic event causing damages in excess of 50% of the last
assessed value of the structure, and that in the event of such a loss the applicant would apply for site
plan review. Once these covenants have been found acceptable by the Renton City Attorney, and filed
with King County by the applicant and verification is received by the Development Services Division
of the Planning/Building/ Public Works Department of the City of Renton, c/o 200 Mill Avenue S.;
Renton WA 98055 the conditional approval permit would be in issued and go into effect. I would
encourage you to get these covenants filed as soon as possible so that you will have the additional
protection you seek for the premises.
If you have any questions after receiving this material feel free to give me a call at 277-6181.
• rely,
Donald K. Erickson, AICP
Planner
cc: Rebecca Lind
Document4/
200 Mill Avenue South - Renton, Washington 98055
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RENTON CITY COUNCIL :" .
REGULAR MEETING
February 19, 1996
Monday, 7:30 p.m.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER AND ROLL CALL
3. APPROVAL OF COUNCIL MINUTES OF FEBRUARY 12, 1996
4. PROCLAMATION: February 1996 Emergency Flooding Conditions
PUBLIC HEARING:
Nine requests for Conditional Use Permit approval to re-establish use and/or structure in the event of a
catastrophic event where damages exceed 50% of the appraised valuation of the use/structure
(Reference: Non-Conforming Use Ordinance)
6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed
five minutes. The comment period will be limited to one-half hour. The second audience comment period
later on in the agenda is unlimited in duration.)
When you are recognized by the Presiding Officer, please walk to the podium and state your name and
address for the record, SPELLING YOUR LAST NAME.
7. CONSENT AGENDA
The following items are distributed to Council members in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further discussion
if requested by a Council member.
•
a. Human Resources&Risk Management Department recommends that the part-time Accounting
Assistant position in the Finance&Information Services Department be made full-time to provide
• additional accounting duties for the golf course; and also recommends that the Open Space
Coordinator position in the Community Services Department be reclassified and transferred to the
Finance&Information Services Department for this purpose and to establish a full-time Secretary II
position to provide needed secretarial support. Refer to Finance Committee.
b. Human Resources &Risk Management Department recommends approval of two reclassifications in
the Community Services Department, as follows: Recreation Program Coordinator(grade 18)to
Community Center&Recreation Coordinator(grade 20), and Recreation Specialist II(grade 14)to
Recreation Coordinator(grade 18). Refer to Finance Committee:
c. Legal Department submits draft Adult Entertainment Ordinance developed in cooperation with King
County and a number of suburban cities to coordinate adult entertainment regulations in the area.
Refer to Committee of the Whole.
d. Property Services Division submits appraisal in the amount of$320,000 for VAC-95-001,Lake Ave.
S. from S. 3rd St. to Seattle's Cedar River Pipeline.Right-of-Way street vacation(Safeway, Inc.), and
recommends the appraisal be approved and the applicant be directed to provide one-half the appraised
value. Refer to Transportation Committee.
e. Property Services Division submits appraisal in the amount of$342,916.20 for VAC-94-004, SW 13th
St. &Maple Ave. SW street vacation(Jamie Pierre). Refer to Transportation Committee.
f. Property Services Division submits appraisal in the amount of$28,660 for VAC-95-003, SW 12th St.
& SW Grady Way west of Rainier Ave. S. alley vacation(Sound Mazda). Refer to Transportation
Committee.
g. Property Services Division submits appraisal in the amount of$91,278 for VAC-95-005, street
vacation in the area of SW 12th St., SW Grady Way, and Maple and Lind Ayes. SW(Good
Chevrolet). Refer to Transportation Committee.
h. Utility Systems Division submits CAG-95-048,Nelson Pl.NW and Rainier Ave. N. storm system
(CONTINUED ON REVERSE SIDE)
•
replacement project; and.,,.;.rmmends approval of the project, autt____ation for final pay estimate in
the amount of$3,787, commencement of 60-day lien period, and release of retained amount of
$7,571.72 to West Coast Construction Co., contractor, if all required releases are obtained. Council
i. Transportation Division proposes an agreement with-the.Renton School District for the relocation of ;
the school crosswalk at Talbot Rd. S. and S. 23rd St. by Talbot Elementary School. The City's cost
share is $4,250. Refer to Transportation Committee.
j. Utility Systems Division requests authorization to submit applications for Public Works Trust Fund'
•
loans with interest rates of 1%for the corrosion control treatment and the Rolling Hills reservoir
projects(loans of$938,000 and$1,980,000, respectively). Council concur.
k. Utility Systems Division recommends approval of an agreement accepting a Public Works Trust Fund
pre-construction loan in the amount of$173,400 for corrosion control treatment facilities. The
required City match is $96,600. Council concur.
8. CORRESPONDENCE
a. Michael K. Hubbard, leasing manager for Trammell Crow Company, 5601 Sixth Ave. S., Seattle
98108, asks that Council consider the rezone application for the Pan Abode site, located at N. 44th St.
and Lake Wash. Blvd.N., from Light Industrial (IL)to Arterial Commercial(CA). .
b. Jeff Crockett, Emmett Koelsch Coaches Inc.,PO Box 3265,Redmond, WA, 98073, states his interest
in purchasing property located in the Auto Mall area, and asks that an exception to the Arterial
Commercial (CA)zone be made to allow the sale and distribution of buses.
9. OLD BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics marked with
an asterisk(*)may include legislation. Committee reports on any topics may beheld by the chairman if
further review is necessary. .
a. Community Services Committee: Sister City Committee Appointments
b. Planning&Development Committee: 1996 Photogrammetnc Mapping Services
10. ORDINANCES AND RESOLUTIONS ..
Resolution: Declaring an emergency due to excessive rains that caused flooding, slides and utility damage
Ordinance for first reading:
Approving reduced utility rates for low-income persons on home kidney dialysis treatment ,
(Council approved via Utilities Committee report adopted 1/08/96) I
11. NEW BUSINESS
(Includes Council Committee agenda topics- call 277-4430 for recorded information) -,;4.. , f,
12. ADMINISTRATIVE REPORT.;-- -,
13. AUDIENCE COMMENT
14. ADJOURNMENT . •
COMMITTEE OF THE WHOLE MEETING
AGENDA
(Preceding Council Meeting) 0
COUNCIL CHAMBERS it
6:30 p.m.
•
Auto Mall Issues
u
RENTON CITY COUNCIL
Regular Meeting
February 19, 1996 Council Chambers
Monday, 7:30 p.m.
MINUTES Municipal Building
CALL TO ORDER Mayor Tanner led the Pledge of Allegiance to the flag and called the meeting
of the Renton City Council to order.
ROLL CALL OF TONI NELSON, Council President; KATHY KEOLKER-WHEELER; DAN
COUNCILMEMBERS CLAWSON; KING PARKER; RANDY CORMAN. MOVED BY NELSON,
SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBERS TIMOTHY SCHLITZER AND BOB EDWARDS.
CARRIED.
CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Executive Assistant to the
ATTENDANCE Mayor; DAN KELLOGG, Assistant City Attorney; MARILYN PETERSEN, •
City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works
Administrator; MICHAEL KATTERMANN, Planning & Technical Services
Director; DON ERICKSON, Principal Planner; ABDOUL GAFOUR, Civil
Engineer; COMMANDER ROB SOFIE, Police Department.
APPROVAL OF MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE
COUNCIL MINUTES THE MINUTES OF FEBRUARY 12, 1996, AS PRESENTED. CARRIED.
PROCLAMATION A proclamation by Mayor Tanner was read declaring an emergency resulting
Emergency Flooding- from major flooding of area rivers and creeks beginning on February 8, 1996;
Related Conditions and directing and authorizing City departments to enter into contracts and
incur obligations necessary to combat such emergency to protect the health
and safety of persons and property, and to provide emergency assistance.
MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN
THE PROCLAMATION. CARRIED.
PUBLIC HEARING This being the date set and proper notices having been posted and published
Planning: Conditional Use in accordance with local and State laws, Mayor Tanner opened the public
Permit Requests (Non- hearing to consider nine requests for Conditional Use Permit approval to re-
Conforming Uses) establish use and/or structure in the event of a catastrophic event where
damages exceed 50% of the appraised valuation of the use/structure
(reference: Non-Conforming Use ordinance).
Mike Kattermann, Planning & Technical Services Director, explained that
these requests are being processed according to the recently-adopted Non-
Conforming Use ordinance. Because this ordinance is not yet effective,
however, this matter will remain in Planning & Development Committee and
be reported out at a later date. Therefore, no Council action is being
requested this evening.
Don Erickson, Principal Planner, said the nine requests to be discussed tonight
affect existing non-conforming uses and/or structures whose owners seek
authorization to re-establish the use/structure in the case of an accidental
catastrophic loss or damage. All nine uses/structures were made non-
conforming as a result of Renton's interim city-wide zoning plan adopted in
1993. Because they were previously conforming, but made non-conforming
through Council action, they qualify as existing legal non-conforming uses
and/or structures. Mr. Erickson described each of the nine applications, as
follows:
I.
February 19, 1996
Renton City Council Minutes Pane 54
1. Triplex located at 405 Williams Ave. N., owned by Darvin Thuringer.
Previous zoning was R-4 (Residential/4 Dwelling Units per Acre);
current zoning is R-10 (Residential/10 Dwelling Units per Acre).
Although this is a permitted use, the particular structure exceeds lot I
size and permitted density. Staff recommends a conditional use
permit be granted, with conditions, for a period not to exceed ten
years.
2. Optometry office located at 112 Pelly Ave. N., owned by Neal S.
Jensen. Previous zoning was R-3 (Residential/3 Dwelling Units per
Acre); current zoning is SF (Single Family). Staff recommends a
conditional use permit be granted, with conditions, for a period not
to exceed ten years.
3. Medical/dental building located at 113 Pelly Ave. W., owned by Jim
Tomer. Previous zoning was P-1 (Public Use); current zoning is R-
10. Staff recommends a conditional use permit be granted, with
conditions, for a period not to exceed ten years.
4. Commercial/dental offices located at 626 Shattuck Ave. S., owner
Michael T. Donnelly. Previous zoning was B-1 (Business District);
current zoning is RM-U (Residential Multi-Family Urban). Staff
recommends a conditional use permit be granted, with conditions,
for a period not to exceed 15 years.
5. Warehouse (with offices above one building) located at 423 S. 7th St.,.
owner Gary Castagno. Previous zoning was L-1 (Light Industrial);
current zoning is CA (Commercial Arterial). Staff recommends a
conditional use permit be granted, with conditions, for a period not
to exceed ten years.
6. Four-unit apartment building located at 518 Williams Ave. N., owned
by Ernest J. Tonda. Previous zoning was R-4; current zoning is SF.
Staff recommends a conditional use permit be granted, with
conditions, for a period not to exceed ten.years.
7. Four-unit apartment building located at 530 Williams Ave. N., owned
by Philip and Grace Chan. Previous zoning was R-4; current zoning
is SF. Staff recommends a conditional use permit be granted, with
conditions, for a period not to exceed ten years.
8. Sixteen-unit apartment building located at 435 Williams Ave. N.,
owned by Philip and Grace Chan. Previous zoning was R-4; current
zoning is SF. Staff recommends a conditional use permit be granted,,i
with conditions, for a period not to exceed ten years.
9. Medical clinic located at 920 N. 1st St., owned by Dr. Ze've Young.
Previous zoning was P-1; current zoning is R-10. Staff recommends,
a conditional use permit be granted, with conditions, for a period
not to exceed ten years.
Mr. Erickson noted that in the event of a catastrophic loss, these properties
would be required to redevelop within two years. Should they fail to
redevelop within the allowed timeframe, the conditional approval permit
would be revoked. • I P
I
Responding to Councilman Parker, Mr. Erickson said the City will notify the,
property owners when the time period for the conditional use permit is about
to expire. At this time, the owners could seek an extension of the permit.
Mr. Parker asked if applicants must pay a fee to file for a conditional use
permit, or to re-file when one expires. Mr. Erickson said no fee has yet been
established although staff is considering this issue.
In response to Councilman Corman, Mr. Erickson said a person considering
purchasing one of these properties could research its conditional use permit,
February 19. 1996 . Renton City Council Minutes Page 55
• including how much time remained on it, via covenants that the property
owner will be required to record with King County.
Audience comment was invited.
Grace Chan, 7940-B Seward Park Ave. S., Seattle, 98118, stated that she
purchased two multi-family properties in Renton as an investment, which she
was interested in protecting. She emphasized her wish to re-establish these
buildings in the event of a catastrophe.
There being no further public comment, it was MOVED BY NELSON,
SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED.
AUDIENCE COMMENT Former Councilman Dick Stredicke, 1014 Tacoma Ave. NE, Renton, 98056,
Citizen Comment . . commented on Council discussion last week regarding handicapped parking
Stredicke - Handicapped regulations and enforcement. Saying the fine for illegally parking in a
Parking handicapped space used to be $57, he noted it is now $175. He distributed
examples of violation notices that could be placed on the vehicles of those
who appear to be parking illegally in handicapped stalls, and asked that this
subject be referred to Council's Public Safety Committee.
MOVED BY NELSON, SECONDED BY PARKER, COUNCIL REFER THE
SUBJECT OF HANDICAPPED PARKING REGULATIONS AND
ENFORCEMENT TO THE PUBLIC SAFETY COMMITTEE. CARRIED.
Mayor Tanner noted that the Administration is currently drafting an
ordinance on this issue to be submitted to the Public Safety Committee for
review and recommendation.
Citizen Comment Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, described violations
- Handicapped Parking she has personally observed of parking spaces reserved for the handicapped,
Abuses particularly at the Medical Arts.Building by Valley Hospital. She thanked
Council and the Administration for looking into this issue.
CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the
listing.
•
Finance: Personnel Human Resources & Risk Management Department recommended that the
Changes (Accounting part-time Accounting Assistant position in the Finance & Information Services
Assistant, Secretary II) Department be made.full-time to provide additional accounting duties for the
golf course; and also recommended that the Open Space Coordinator position
in the Community Services Department be reclassified and transferred to the
Finance & Information Services Department for this purpose and to establish a
full-time Secretary II position to provide needed secretarial support. Refer to
Finance Committee.
Parks: Community Center Human Resources & Risk Management Department recommended approval of
Position Reclasses two reclassifications in the Community Services Department, as follows:
Recreation Program Coordinator (grade 18) to Community Center &
Recreation Coordinator (grade 20), and Recreation Specialist (grade 14) to
Recreation Coordinator (grade 18). Refer to Finance Committee.
Legal: Adult Legal Department submitted draft Adult Entertainment Ordinance developed
Entertainment Ordinance in cooperation with King County and a number of suburban cities to
coordinate adult entertainment regulations in the area. Refer to Committee of
the Whole.
tg
February 19. 1996 Renton City Council Minutes Page 56
Vacation: Lake Ave S Property Services Division submitted appraisal in the amount of $320,000 for
Street Vacation, VAC-95- VAC-95-001, street vacation on Lake Ave. S. from S. 3rd St. to Seattle's
001 (Safeway) Cedar River Pipeline Right-of-Way (Safeway, Inc.), and recommended the
appraisal be approved and the applicant be directed to provide one-half the
appraised value. Refer to Transportation Committee. "11
Vacation: SW 13th Property Services Division submitted appraisal in the amount of $342,916.20
'1I
St/Maple Ave SW Street for VAC-94-004, SW 13th St. & Maple Ave. SW street vacation (Jamie Pierre).
Vacation, VAC-94-004 Refer to Transportation Committee.
(Pierre)
,
Vacation: SW 12th St/SW Property Services Division submitted appraisal in the amount of $28,660 for
Grady Way Street VAC-95-003, SW 12th St. & SW Grady, Way west of Rainier Ave. S. alley 'i
Vacation, VAC-95-003 vacation (Sound Mazda). Refer to Transportation Committee.
(Sound Mazda)
Vacation: SW 12th/Grady Property Services Division submitted appraisal in the amount of $91,278 for
Way/Maple & Lind Ayes VAC 95 005, st
reet vacation in the area of SW 12th St., SW Grady Way, and
Street Vacation, VAC-95- Maple and Lind Ayes. SW (Good Chevrolet). Refer to Transportation
005 (Good Chevrolet) Committee.
CAG: 95-048, Nelson P1 Utility Systems Division submitted CAG-95-048, Nelson Pl. NW and Rainier
NW/Rainier Ave N Storm Ave. N. storm system replacement project; and recommended approval of the
System Replacement, West project, authorization for final pay estimate in the amount of $3,787,
Coast Const. commencement of 60-day lien period, and release of retained amount of
$7,571.72 to West Coast Construction Co., contractor, if all required releases
are obtained. Council concur. ,'
Transportation: Talbot Transportation Division proposed an agreement with the Renton School
Elementary Crosswalk District for the relocation of the school crosswalk at Talbot Rd. S. and S. 23rd
Relocation, Talbot Rd S & St. by Talbot,Elementary School. The City's cost share is $4,250. Refer to
S 23rd St Transportation Committee.
Public Works: PWTF Utility Systems Division requested authorization to submit applications for !
Loans, Corrosion Control Public Works Trust Fund loans with interest rates of 1% for the corrosion
& Rolling Hills Reservoir, control treatment and the Rolling Hills reservoir projects (loans of $938,000
CAG- and $1,980,000, respectively). Council concur.
Public Works: PWTF Utility Systems Division recommended approval of an agreement accepting a
Loan, Corrosion Control Public Works Trust Fund pre-construction loan in the amount of $173,400 for
Facilities, CAG-96- corrosion control treatment facilities. The required City match is $96,600.
Council concur.
II
MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE '
THE CONSENT AGENDA AS PRESENTED. CARRIED.
il
AUDIENCE COMMENT Correspondence was read from Michael K. Hubbard, leasing manager for
Citizen Comment Trammell Crow Company, 5601 Sixth Ave. S., Seattle, 98108, asking that
Hubbard - Pan Abode Site Council consider the rezone application for the Pan Abode site, located at N. ",I
Rezone Request (N 44th 44th St. and Lake Washington Blvd. N., from Light Industrial (IL) to Arterial
St/Lk Wash Blvd N) Commercial (CA). MOVED BY NELSON, SECONDED BY KEOLKER-
11
WHEELER, COUNCIL REFER THIS CORRESPONDENCE TO THE
PLANNING & DEVELOPMENT COMM11 1'EE. CARRIED. ,
f
1
19
9
CONDITIONAL APPROVAL PERMIT APPLICATION FOR NONCONFORMING
LOCATION: 435 Williams Avenue N. RECOMMENDATION: Approve Nonconforning Use/Structure not to exceed 10 year period.
1-- , RECOMMENDATION F 3R N 31 OONFL}IRIt1IN.O USE
r a. The conditional approval permit shall be in effect for a period not
exceeding ten (10) years. If a catastrophic loss of the original structure
�, _ occurs within the conditional approval permit period and the site is not
redeveloped within two years, the non conforming use shall not be re-
.W 0 �.,....`. }?"� '� ito established.
I
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..........................
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a. The conditional approval permit shall be in effect for a period not
exceeding ten (10) years. If a catastrophic loss of the original structure
occurs within the conditional approval permit period and the site is not
41 11111 redeveloped within two years, the non-conforming use shall not be re-
established.
__ , b. An application for site plan review shall be made if a catastrophic or
an accumulative loss greater than fifty percent (50%) of the assessed
i. �,.':� ` �, value of the structure occurs within this ten (10) year period. The
���!�� replacement structure shall be reviewed to ensure that it is
lib architecturally in character in terms of its roof and facade treatment,
-' ." setbacks, etc., with the surrounding area at that time and, that it
1 l complies with all relevant building codes and the existing zoning codes
,� —itl - ' = then in place, to the extent possible.
r
-- c. The extent of the existing non-conforming building that may be
replaced with additional non-conforming structure shall not exceed the
amount of the structure accidentally damaged.
9'-t 12 2 8
435 WILDB.DOC/
.k3:_',_� CITY ' ,F-RENTON
• Wi r1.':„<: j; City Clerk
ayor Marilyn J.Petersen
Jesse Tanner,M
February 8,:1996
•
:'Philip & Grace Chan - - •• _
7940 =B Seward Park Ave S
• Seattle; WA 98118 . ': - - -
Re: Public Hearing on Conditional.Use Permit Approval . ' - -
_Dear Mr. and Mrs. Chan: -
• - :::;`The Renton City Council has fixed February 19,-1996, at.7:30 p:m.:as the date and time for a
,. `public hearing to be heldin the second floor"Council Chambers'of.the Renton Municipal.-:..' ,
. - Building, 200 Mill Avenue South, Renton 98055. :Your:request for:Conditional Use Permit. . :`
.. approval will be considered to reestablish use and structures-for your:property located at 530 `.• -..
Williams Avenue N.`and 435.Williams Avenue N.-in the event of a catastrophic event where :-'`.'-
•- = damages exceed 50% of the appraised valuation of the use and structures (Reference Non r `_ -
Coriforn ing Use Ordinance), -
All interested persons are invited to attend the hearing and present oral or written comments in
support or opposition to the proposal. The Municipal Building is fully-accessible, -and .-
interpretive services for:the hearing impaired,will be provided upon prior notice. Please call
235-2501 for additional information or 277-4453 TDD. • -
Sincerely,
. •Marilyn ` ersen, CMC . ' .. . . . - . :
Cit'. Clerk
. cc: 'Don Erickson, Planning Division :: .
200 Mill Avenue_South Renton Washington 98055 (206)235-2501 ': : -
CJ This paper contains 50%recycled material,25%post consumer
PLANNING & DEVELOPMENT COMMITTEE
CITY OF RENTON
CONDITIONAL APPROVAL PERMIT APPLICATION
REPORT AND RECOMMENDATION
APPLICANT: CITY OF RENTON
City Sponsored Conditional Approval of 535
Williams Avenue N. Apartments
OWNERS: Philip and Grace Chan
7940-B Seward Park Avenue S.; Seattle 98118
LOCATION: 435 Williams Avenue North
SUMMARY OF REQUEST: City sponsored conditional approval of a 0.33 acre
site developed with a 3-story rectangular shaped
sixteen unit apartment building in order to legitimize
both the non-conforming use and the non-conforming
structure against their premature termination in the
event of a catastrophic loss exceeding 50% of the
value of the structure.
SUMMARY OF ACTION: Planning & Technical Services Recommendation:
Approve with Conditions
RELEVANT REVIEW CRITERIA:
Non-conforming Uses: In order to qualify for this permit at least three of the
criteria listed in Section 4-31-19.1.5. must be
complied with. The three most relevant criteria in
this case are:
• Community Need;
• Effect on Adjacent Property; and
• Timeliness with Existing Plans and Programs.
Non-conforming Structures: In order to qualify for this permit at least three of the
criteria listed in Section 4-31-19.1.5. must be
complied with. The three most relevant criteria in
this case are:
• Potential of the Site for Redevelopment;
• Condition of Building/Structure; and
• Departure from the Zoning Code.
FINDINGS, CONCLUSIONS, & RECOMMENDATIONS
Having reviewed the relevant criteria in this matter, Staff make and enter the following:
FINDINGS:
July 18, 1995Conditional Agape! Permit, 535 Williams Avenue Norti Ontinued Page 2
1. The City is processing approximately twelve conditional approval permit applications for projects
that initially petitioned for Class 'A' - Non-conforming Use status before this was renamed and
changed to the Conditional Approval Permit process.
2. Because there is no proposed change of use or modification of structures proposed as a
consequence of these applications it was determined that these applications were SEPA exempt
since these actions were seen as being administrative in nature.
3. Proposed enabling legislation for these applications has been reviewed by all departments with an
interest in this issue and recommended for approval.
4. The site is located at 435 Williams Avenue North in a predominantly single-family area in North
Renton that does include a scattering of multi-family residential dwellings in the neighborhood.
5. The existing off-set rectangular building is a large three-story wood-frame structure that was built
most likely in the late 1960's. It is approximately 90 feet by 120 feet in size, with a flat roof and is
shingle and stucco sided . The lower level of the structure has vertical stucco finished concrete
walls while the upper two floors that house the 16 individual appartments are enclosed with a
steeply sloping (nearly vertical) mansard style roof-wall treatment. A lobby element protrudes at the
front of the building and helps to break up this large structure's massing, as does the mansard style
treatment of its upper two stories.
6. A ten to 15 foot sideyard exists on the south side of the building and a smaller sideyard appears
to exist on the north side. The main building, excluding the lobby protrusion, appears to be setback
approximately 25 feet from Williams Avenue N. for the southern half of the building and
approximately 18' or 20' for the northern half of the building. The lobby, near the center of the
street facade appears to be set back approximately 10 feet from the street.
7. The subject site is approximately 14,240 square feet in area, comprising what previously were
three single-family lots.
8. Although much of the front yard is paved there are three, approximately 8' X 15', slightly raised
planters with beauty bark and shrubs or trees along the street. Bermed planters with more
extensive landscaping would do much more to soften the somewhat harsh streetscape.
9. Single-family one-story residential structures abut the existing three-story multi-family building on
the north and south as well as behind it across the alley to the west (one structure), and across
__..Williams.Avenue N. to the east (three structures). _These older homes also have greater setbacks
from the street and larger rear yards, thus adding to the apparent bulk of the subject sixteen-unit
apartment building. Clearly, the scale and bulk of this larger structure exceeds that of anything in
the near vicinity.
10. The property owners have requested a conditional approval permit that would permit the
existing multi-family use and the existing structure to be re-established in the event that a
catastrophic accident destroys or severely damages the existing building.
11. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential
Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to
be legal non-conforming uses.
12. The map element of the Comprehensive Plan designates the area in which the subject site is
located as suitable for the development of residential single-family uses since the site has a
Residential Single Family land use designation.
13. Reflecting actual uses in the area, the zoning generally is R-8 to the north, east, and south of
the site. However, across the alley to the west the zoning is R-10. Basically the whole east side of
Burnett Avenue North between North 4th Street and North 6th Street is currently zoned R-10. The
July 18, 1995Conditional A -val Permit, 535 Williams Avenue Nortl' ntinued Page 3
R-10 Zone allows medium density residential development in a mix that includes both single-family
detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density
of up to 10 dwelling units per acre.
14. Given the average density of the current site at nearly 49 DU/AC, it is not compatible with
either the R-8 or the R-10 Zones in the area.
CONCLUSIONS:
Non-conforming Use:
The proponent must demonstrate that the request to continue the existing non-conforming
use, in the event of a catastrophic loss or damage to the premises, is in the public interest
and that it complies with at least three relevant criteria identified above and taken from
Section 4-31-19.1.5:
a. Community Need: There is a community need for the proposed use at its present
location.
It appears that the existing apartment does serve a community need by providing affordable
housing to residents, many of whom it can be assumed work in the community. With
housing affordability becoming a larger issue, particular when compared with the cost of
new, market rate dwellings, it would appear to be in the community's interest to retain such
housing as long as it is already there and there do not appear to be viable alternatives to it
under the existing zoning. As long as the existing structure remains economically viable it is
unlikely to be voluntarily replaced by much less intense single-family structures.
b. Effect on Adjacent Property: The existing non-conforming use has not resulted in
undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc.
There is no indication that the existing use has created undue adverse impacts on the
adjacent properties. This may in fact partly be because the structure appears to be relatively
well maintained as well as the fact that the majority of the surrounding houses are set back
fifty feet (50') or more. It appears that the existing, on-site, multi-car parking garage and
front yard spaces ensure adequate parking for the 16 units in the building. During the
winter months there may be substantial shadowing to the property to the north as well as to
a lesser extent the properties in the R-10 Zone across the alley to the west. Also, the
abutting property owners probably have less outdoor privacy than they would if this were a
single-family dwelling, however, these are not considered to be "undue adverse impacts".
Aesthetically, the 16 unit apartment building does not tie in very well with the residential
character of the existing streetscape primarily because of its flat roof, massive bulk, and
reduced front and rear yard setbacks. Clearly, the structure is less visually intrusive with its
shingle sided top two floors than it would have been if left as a three story stucco finished
box. Also, the larger curb cuts and extensive paving in the front yard are not characteristic
of most single-family zoned older neighborhoods.
c. Timeliness with Existing Plans and Programs: Because of the anticipated market
timing for permitted uses in the zone, retention of the existing non-conforming use
would not impede or delay the implementation of the City's Comprehensive Plan.
Because of the size of the current lot, some 14,000 square feet in area, it does not appear
that retention of the existing non-conforming use would impede implementation of the City's
Comprehensive Plan for this area which calls for Residential Single-Family. This is because
single-family detached housing already abuts the site to the north and south, as well as
across the street to the east. At the most, this site if redeveloped for single-family uses,
could only accomodate three single-family dwelling units. Also, it does not appear that a
robust market for new single-family homes exists at this time in the area. In the future,
however, this could change.
July 18, 1995Conditional oval Permit, 535 Williams Avenue Nortl, bntinued Page 4
Non-conforming Structure:
The proponent must demonstrate that the request to're-establish the existing non-
conforming structure, in the event of a catastrophic loss or damage to the premises, is in
the public interest and that it complies with the three relevant criteria identified above and
taken from Section 4-31-19.1.6:
a. Potential of the Site for Redevelopment: Redevelopment of the site with a
conforming structure is unlikely either because the size of the existing lot may be too
small to be economical, or, because the characteristics of adjacent permitted uses
preclude their expansion.
Because of the scale and density of development on the existing lot, it is unlikely to be a
preferred site, at least initially, for redevelopment with lower density single-family uses.
This is because the existing site is only large enough to support three single-family dwellings
under the current R-8 zoning. Since redevelopment to a much lower density is unlikely,
except possibly in the case of a total loss, and even then, likely would not occur
immediately, it appears that the intent of this criterion, at least for the short term, has been
met.
b. Condition of Building/Structure: If non-conforming as to the provisions of the
City's Building Code, the building or structure has generally been well maintained
and is not considered to be a threat to the public health or safety.
From all exterior appearances, the existing structure is well maintained and is not considered
to be a threat to the public health or safety of those living in the surrounding area.
c. Departure from the Zoning Code: If non-conforming with the provisions of the
City's Development Regulations, the building or structure does not pose a threat to
the public health, welfare, or safety, or, it could be modified so as not to pose such
a threat.
Again, there is no indication that the existing structure poses a serious threat to the public
health, welfare, or safety of the surrounding community for many of the reasons set out
above.
RECOMMENDATION:
1. Based upon the above, the requested conditional approval permit to allow the existing use to
be re-established in the case of an accidental catastrophic loss or damage to the structure
should be allowed subject to the following conditions:
a. The conditional approval permit shall be in effect for a period not exceeding ten
(10) years. If a catastrophic loss of the original structure occurs within the
conditional approval permit period and the site is not redeveloped within two years,
the non-conforming use shall not be re-established.
2. Based upon the above discussion, the requested conditional approval permit to allow the
existing non-conforming structure to be re-established in the case of an accidental
catastrophic loss or damage to the structure should be allowed subject to the following
conditions:
a. The conditional approval permit shall be in effect for a period not exceeding ten
(10) years. If a catastrophic loss of the original structure occurs within the
conditional approval permit period and the site is not redeveloped within two years,
the non-conforming use shall not be re-established.
b. An application for site plan review shall be made if a catastrophic loss or an
accumulative loss greater than fifty percent (50%) of the assessed value of the
structure occurs within this ten (10) year period. The replacement structure shall be
reviewed to ensure that it is architecturally in character in terms of its roof
July 18, 1995Conditional A,- val Permit, 535 Williams Avenue Nortl Ontinued Page 5
treatment, setbacks, etc. with the surrounding area at that time and, that it complies
with all relevant building codes and the existing zoning codes then in place, to the
extent possible; and
c. The extent of the existing non-conforming building that may be replaced with
additional non-conforming structure shall not exceed the amount of the structure
accidentally damaged. In no case shall any portion of a structure that has been
found to have been intentionally damaged by the owner be allowed to be re-
established unless done so consistent with all codes and regulations then in
existence.
NOTES TO PROPERTY OWNER:
a. Prior to any subsequent consideration of a another conditional approval permit for this site, the
surrounding area shall be reassessed by the City based on the review criteria and conditions in
existence at that time.
b. The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect
these conditions and run with the site. These restrictive covenants shall be filed by the
applicant, or their representative, with King County and verification of this filing shall be
submitted to Development Services prior to this permit being issued.
APPROVAL SIGNATURES:
Non-conforming Use Conditional Approval;
The subject application was reviewed by the Renton City Council on and approved.
Signed, on this , 1995:
Marilyn Petersen, City Clerk
Non-conforming Structure Conditional Approval
Signed, on this , 1995:
Michael D. Kattermann, Director Jim Hanson, Director
Planning & Technical Services Development Services
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- � • 0
PLANNING & DEVELOPMENT COMMITTEE
CITY OF RENTON
CONDITIONAL APPROVAL PERMIT APPLICATION
REPORT AND RECOMMENDATION
APPLICANT: CITY OF RENTON
City Sponsored Conditional Approval
OWNERS: Philip and Grace Chan
7940-B Seward Park Avenue S.; Seattle 98118
LOCATION: 435 Williams Avenue North
SUMMARY OF REQUEST: City sponsored conditional approval of a 0.33. acre
site developed with a 3-story rectangular shaped
sixteen unit multi-family building in order to legitimize .
both the non-conforming use and the non-conforming
structure against their premature termination in the
event of a catastrophic loss exceeding 50% of the
value of the structure.
SUMMARY OF ACTION: Planning & Technical Services Recommendation:
Approve with Conditions
RELEVANT REVIEW CRITERIA:
Non-conforming Uses: In order to qualify for this permit at least three of the
criteria listed in Section 4-31-19.1.5. must be
complied with: The three most relevant criteria in
this case are:
• Community Need;
• Effect on Adjacent Property; and
• Timeliness with Existing Plans and Programs.
Non-conforming Structures: In order to qualify for this permit at least three of the
criteria listed in Section. 4-31-19.1.5. must be
complied with. The three most relevant criteria in
this case are:
• Potential of the Site for Redevelopment;
„ • Condition of Building/Structure; and
• Departure from the Zoning Code.
FINDINGS, CONCLUSIONS, & RECOMMENDATIONS
Having reviewed the relevant criteria in this matter, Staff make and enter the following:
FINDINGS:
1. The City is processing approximately twelve conditional approval permit applications for projects
that initially petitioned for Class 'A' - Non-conforming Use status before this was renamed and
changed to the Conditional Approval Permit process.
09/05/95 ditional Approval Permit, continued Page 2
2. Because there is no proposed change of use or modification of structures proposed as a
consequence of these applications it was determined that these applications were SEPA exempt
since these actions were seen as being administrative in nature.
3. Proposed enabling legislation for these applications has been reviewed by all departments with an
interest in this issue and recommended for approval.
t i I
4. The site is located at 435 Williams Avenue North in a predominantly single-family area in North
Renton that does include a scattering of multi-family residential dwellings in the neighborhood.
5. The existing off-set rectangular building is a large three-story wood-frame structure that was built
most likely in the late 1970's. It is approximately 90 feet by 120 feet in size, with a flat roof and is
shingle and stucco sided. The lower level of the structure has vertical stucco finished concrete
walls that enclose a parking garage while the upper two floors that house the 16 individual
apartments are enclosed with a steeply sloping (nearly vertical) mansard style roof-wall treatment.
A lobby element protrudes at the front of the building and helps to break up this large structure's
massing, as does the mansard style treatment of its upper two stories.
jay
6. A ten to 15 foot sideyard exists on the south side of the building and a smaller sideyard appears VV
to exist on the north side. The main building, excluding the lobby protrusion, appears to be setback I tl
approximately 25 feet from Williams Avenue N. for the southern half of the Ibuilding and
approximately 18' or 20' for the northern half of the building. The lobby, near the center of the
street facade appears to be set back approximately 10 feet from the street.
7. The subject site is approximately 14,240 square feet in area, comprising what previously were
three single-family lots.
8. Although much of the front yard is paved there are three, approximately 8' X 15', slightly raised
planters with beauty bark and shrubs or trees along the street. Bermed planters with more
extensive landscaping would do much more to soften the somewhat harsh streetscape.l
9. Single-family one-story residential structures abut the existing three-story multi-family building on
the north and south as well as behind it across the alley to the west (one structure), and across
Williams Avenue N. to the east (three structures). These older homes also have greater setbacks P
from the street and larger rear yards, thus adding to the apparent bulk of the subject sixteen-unit
apartment building. Clearly, the scale and bulk of this larger structure exceeds that of anything in
the near vicinity.
10. The property owners have requested a conditional approval permit that would permit the
existing multi-family use and the existing structure to be re-established in the event that a
catastrophic accident destroys or severely damages the existing building.
11. The City rezoned the subject site from R-4 Multi-family Zone to the Single-family Residential
Zone (now R-8) in June, 1993. As a consequence, the existing use and structure are considered to
be legal non-conforming uses.
12. The map element of the Comprehensive Plan designates the area in which the subject site is
located as suitable for the development of residential single-family uses since the site has a
Residential Single Family land use designation.
13. Reflecting actual uses in the area, the zoning generally is R-8 to the north, east, and south of
the site. However, across the alley to the west the zoning is R-10. Basically the whole east side of
Burnett Avenue North between North 4th Street and North 6th Street is currently zoned R-10. The
R-10 Zone allows medium density residential development in a mix that includes both single-family
detached and attached dwellings, duplexes, triplexes and fourplexes, and townhomes at a density
of up to 10 dwelling units per acre.
Ili
09/05/95 G aiitional Approval Permit, continued Page 3
14. Given the average density of the current site at nearly 49 DU/AC, it is not compatible with
either the R-8 or the R-10 Zones in the area. •
CONCLUSIONS:
Non-conforming Use:
The proponent must demonstrate that the request to continue the existing non-conforming
use, in the event of a catastrophic loss or damage to the premises, is in the public interest •
and that it complies with at least three relevant criteria identified above and taken from
Section 4-31-19.1.5:
a. Community Need: There is a community need for the proposed use at its present
location.
It appears that the existing apartment does serve a community need by providing affordable
housing to residents, many of whom it can be assumed work in the community. With
housing affordability becoming a larger issue, particularly when compared with the cost of
new, market rate dwellings, it would appear to be in the community's interest to retain such
housing as long as it is already there and there do not appear to be viable alternatives to it
under the existing zoning. As long as the existing structure remains economically viable it is
unlikely to be voluntarily replaced by much less intense single-family structures.
b. Effect on Adjacent Property: The existing non-conforming use has not resulted in
undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc.
There is no indication that the existing use has created undue adverse impacts on the
adjacent properties. This may in fact partly be because the structure appears to be relatively
well maintained as well as the fact that the majority of the surrounding houses are set back
fifty feet (50') or more. It appears that the existing, on-site, multi-car parking garage and
front yard spaces ensure adequate parking for the 16 units in the building. During the
winter months there may be substantial shadowing to the property to the north as well as to
a lesser extent the properties in the R-10 Zone across the alley to the west. Also, the
abutting property owners probably have less outdoor privacy than they would if this were a
single-family dwelling, however, these are not considered to be "undue adverse impacts".
Aesthetically, the 16 unit apartment building does not tie in very well with the residential
character of the existing streetscape primarily because of its flat roof, massive bulk, and
reduced front and rear yard setbacks. Clearly, the structure is less visually intrusive with its
shingle sided top two floors than it would have been if left as a three story stucco finished
box. Also, the larger curb cuts and extensive paving in the front yard are not characteristic
of most single-family zoned older neighborhoods.
c. Timeliness with Existing Plans and Programs: Because of the anticipated market
timing for permitted uses in the zone, retention of the existing non-conforming use
would not impede or delay the implementation of the City's Comprehensive Plan.
Because of the size of the current lot, some 14,000 square feet in area, it does not appear
that retention of the existing non-conforming use would impede implementation of the City's
Comprehensive Plan for this area which calls for Residential Single-Family. This is because
single-family detached housing already abuts the site to the north and south, as well as
across the street to the east. At the most, this site if redeveloped for single-family uses,
could only accommodate three single-family dwelling units. Also, it does not appear that a
robust market for new single-family homes exists at this time in the area. In the future,
however, this could change.
Non-conforming Structure:
The proponent must demonstrate that the request to re-establish the existing non-
conforming structure, in the event of a catastrophic loss or damage to the premises, is in
09/05/95 iditional Approval Permit, continued Page 4
j .
the public interest and that it complies with the three relevant criteria identified above and
taken from Section 4-31-19.1.6:
a. Potential of the Site for Redevelopment: Redevelopment of the site with a
conforming structure is unlikely either because the size of the existing lot may be too
small to be economical, or, because the characteristics of adjacent permitted uses
preclude their expansion.
Because of the scale and density of development on the existing lot, it is unlikely to be a
preferred site, at least initially, for redevelopment with lower density single-family uses.
This is because the existing site is only large enough to support three single-family dwellings
under the current R-8 zoning. Since redevelopment to a much lower density is unlikely, it
appears that the intent of this criterion, at least for the short term, has been met. I •
b. Condition of Building/Structure: If non-conforming as to the provisions of the
City's Building Code, the building or structure has generally been well maintained
and is not considered to be a threat to the public health or safety.
From all exterior appearances, the existing structure is well maintained and is not considered ,I
to be a threat to the public health or safety of those living in the surrounding area.
c. Departure from the Zoning Code: If non-conforming with the provisions of the
City's Development Regulations, the building or structure does not pose a threat to
the public health, welfare, or safety, or, it could be modified so as not to pose such
a threat.
Again, there is no indication that the existing structure poses a serious threat to the public
health, welfare, or safety of the surrounding community for many of the reasons set out
above.
it
RECOMMENDATION:
1. Based upon the above, the requested conditional approval permit to allow the existing use to
be re-established in the case of an accidental catastrophic loss or damage to the structure
should be allowed subject to the following conditions:
a. The conditional approval permit shall be in effect for a period not exceeding ten
(10) years. If a catastrophic loss of the original structure occurs within the
conditional approval permit period and the site is not redeveloped within two years,
the non-conforming structure shall not be re-established.
2. Based upon the above discussion, the requested conditional approval permit to allow the
existing non-conforming structure to be re-established in the case of an accidental
catastrophic loss or damage to the structure should be allowed subject to the following
conditions: I III
a. The conditional approval permit shall be in effect for a period not exceeding ten
(10) years. If a catastrophic loss of the original structure occurs within the
conditional approval permit period and the site is not redeveloped within two years,
the non-conforming structure shall not be re-established.
b. An application for site plan review shall be made if a catastrophic loss or an
accumulative loss greater than fifty percent (50%) of the assessed value of the
structure occurs within this ten (10) year period. The replacement structure shall be
reviewed to ensure that it is architecturally in character in terms of its roof
treatment, setbacks, etc. with the surrounding area at that time and, that it complies
with all relevant building codes and the existing zoning codes then in place, to the
extent possible; and
c. The extent of the existing non-conforming building that may be replaced with
additional non-conforming structure shall not exceed the amount of the structure
I
Q9/05/95 Ceitional Approval Permit, continued Page 5
accidentally damaged. In no case shall any portion, of a structure that has been
found to have been intentionally damaged by the owner be allowed to be re-
established unless done so consistent with all codes and regulations then in
existence.
NOTES TO PROPERTY OWNER:
a. Prior to any subsequent consideration of a another conditional approval permit for this site, the
surrounding area shall be reassessed by the City based on the review criteria and conditions in
existence at that time.
b. The applicant shall prepare restrictive covenants satisfactory to the City Attorney that reflect
• these conditions and run with the site. These restrictive covenants shall be filed by the
applicant, or their representative, with King County and verification of 'this filing shall be
submitted to Development Services prior to this permit being issued.
APPROVAL'SIGNATURES:
Non-conforming Use Conditional Approval;
The subject application was reviewed by the Renton City Council on and approved.
Signed, on this ' 1995:
Marilyn Petersen, City Clerk
Non-conforming Structure Conditional Approval
Signed, on this , 1995:
Michael D. Kattermann, Director Jim Hanson, Director
Planning & Technical Services Development Services
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Criteria Compliance for Non-conforming Uses/Structures
Address: 435 Williams Ave N Existing Use: An@itOOe0t Bldq Existing Zoning: Single Family
Community Need Moderate--affordable housing imeuma'
Effect on Adjacent Properties K1adiunn in terms of light and air.
Historic Significance ydonm'
Economic Significance Moderate.
Consistency m/ Existing Plans/Programs Inconsistent with existing single family zoning in area.
Architectural Significance None.
Arch. Compatibility vv/ Surrounding Uses Low. K8ininno| front yard inconsistent with surrounding area.
K4anaood shake roof help somewhat reduce apparent bulk mf
building
Potential mf Site for Redevelopment LmvV because existing higher density use in currently more
economical than single family
Condition of Bui|ding/8truoture Average
January 20, 1995
Page 2
Departure from Zoning Code Exceeds 35% lot coverage and is not a permitted use
Document3/CoR
NONCONFORM.CRITERIA
• •
CLASS "A" NON-CONFORMING USES
Some land uses and buildings in the City of Renton are not in conformance
with the existing zoning regulations for various reasons. These are called
"non-conforming uses" and the Renton Municipal Code (Section 4-31-23,
Part B) regulates how these uses may be rebuilt or remodeled without
bringing them into full conformity with the regulations. The Municipal Code
classifies non-conforming uses into three classes depending on the type of
non-conforming condition: Class A uses may be replaced or altered up to
100% of the value of the•building; Class B, up to 50% of the value; and
Class C uses may not be altered unless complying with emergency health
and safety requirements.
•
Non-conforming uses are automatically classified as Class B or C, depending
on the circumstances under which they were created. Class A non-
conforming uses must be determined by action of the City Council.
To request "Class A Non-conforming Use" status the following criteria must
be addressed in a letter to City of Renton, Planning & Technical Services,
200 Mill Avenue South, Renton, Washington 98055:
1 . Use is compatible with existing uses within the zoning district
in which it is located. 5'3 q S '-/D _ AO- )i /mi etas .1 •
2. Does not create hazards, nuisces pr ather impacts to
adjacent uses; or X4/-r !�'(Ji z7 7O irit 1e+/6e..���
j71. /L(i t,ILLI% .
3. Potential impacts can be mitigated by permitted alterations to
the use.
CfTY OF RENTON
RECEIVED
NO FEE IS REQUIRED. JUN - 6 1994
BUILDING DIVISION
•
h:ncu
Class "An Non-Conforming Uses
Property Addresses: 530 Williams Ave. N. , Renton
435 Williams Ave. N. , Renton
Property Owner: Philip and Grace Chan
7940-B Seward Park Ave. S.
Seattle, WA 98118
723-7683
1. Use is compatible with existing uses within the zoning
district in which it is located.
Both buildings, 435 and 530 Williams Ave. N. are both multi-
family located in a single-family zone. The building on 530
Williams Ave. N. is located 3 buildings away from a MR zone
on the same street. The 2 buildings located in between the
MR zone and 530 Williams Ave. N. are both multi-family
buildings.
2. Does not create hazards, nuisances or other impact to
adjacent uses; or
No, both buildings do not create hazards, nuisances, or
other impacts to adjacent uses. Both buildings provide
adequate parking for each unit on the property. Parking is
provided either behind the building and/or underneath the
building to uncongest street parking.
3 . Potential impacts can be mitigated by permitted alternations
to the use.
To my knowledge, both buildings do not have any potential
impacts that can be mitigated by permitted alterations to
the use.
Cr Y of RENTON
RECEIVED
JUN - 6 1994
BUILDING DIVISION