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CERTIFICATE OF
CONDITIONAL APPROVAL
FOR A NONCONFORMING USE AND STRUCTURE
I
City of Renton File Number: LUA-97-021, CAP
Location: 530 Williams Avenue North
Business Name (If applicable): 4-unit apartment building ••
Legal Description/King County Assessor's Property Identification Number: Lot 17
of Block 13, Renton Farm Plat No. 2.
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 4-
unit a% partment 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 four-unit apartment building on approximately 5,000 square
feet. The apartment building is located in a predominantly single family area in North
Renton. The existing apartment building is a two-story, wood-frame rectangular P
• structure with a flat roof and parking for 6 cars is provided at the rear of the building off
•
the alley. It is approximately 40 feet by 60 feet in size. The front yard setback appears
• to be 10 feet from Williams Avenue North. The building has a 5 to 7-foot side yard
along its southern property boundary and a lesser setback on the north side.
? /
Date of Conditional Approval/Period of Validity/Date of Expiration: City Council
approved on April 1, 1996. This permit is valid until April1, 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 #9703120800
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
January 15, 1997.
• Transferability: This permit is transferable to, and binding upon, future purchasers,
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. .
0
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Approved by the City of Renton Date
Development Services Division Director ak
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. RECEIVED THIS DAY
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El. Additional legal is on page of document. . • , .
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
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WHEN RECORDED RETURN TO:
Office of the City Clerk CITY OF RENTON
Renton Municipal Building DECLARATION OF Project File#
200 Mill Avenue South RESTRICTIVE COVENANTS Parcel Tax Account#'s , :. 413 o5 R'
Renton,WA 98055 J N 2 3 1997 Grantor(s)Name
RTSQ rr F
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WHEAS :•`•: v
(Names of property owners) • , •
O/-/ILl1r y Ct-iAN - �-�-
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GRACE C1-4Ar ,66T ������ .
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
CO restrictive covenants running with the land as to use, present and future, of the attached described
real property.
1:1
NOW, THEREFORE, the aforesaid owner(s) 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: •
F x i+l g i i 'R''
•
•
DURATION •
These covenants shall run with the land 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 .nonconfroming 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.
•
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ph('ii.� �� U, 62t.c� (Jttn
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated: 0,0K. , / I cP 5 7 `� F/
Notary Public in and for the State of Washington
4.4 Notary(Print) 'a RA ;J
CD My appointment expires:
EXHIBIT "A"
LOT 17, BLOCK 13, RENTON FARM PLAT NO. 2, ACCORDING TO THE PLAT •
THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 32, IN KING COUNTY,
WASHINGTON.
COMMONLY KNOWN AS 530 WILLWAMS NORTH, NORTH, WA. 98055
Ia
iri
Conditional Approval Permit Conditions .
for Property at 530 Williams Avenue N.
•
a. The conditional approval permit for the existing use,a four-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 structure, a two-story, 4-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
r*2 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-
•
Crj 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 --(
CITY OF RENTON
MEMORANDUM
DATE: February 17, 1996
TO: City Clerk's Office
FROM Laureen Nicolay, Development Services Division, Extension #5594
SUBJE : Restrictive Covenants
Philip and Grace Chan's Conditional Approval Permit for a
Nonconforming Use and Structure, 530 Williams Avenue North, File
#LUA97-021-CAP
Attached please find the above-referenced "Declaration of Restrictive Covenants"
for recording with King County. Please send these via US Mail.
The King County recording fees for this recording should be charged to account
#000/07.532.22.49.14. Please call me at X-5594 if you have any questions.
Could you please let me know the recording number for this one as soon as
possible? I would also like a copy of the recorded covenants when they come back
from the County.
Thank you.
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Return Address •
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Please print or type information •
Document Title(s) (or transactions contained therein):
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1. CtCtaratiOrl OP Re5friC7h Ve' CO‘erlaY145
2. • • ,
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4. - • ,
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• Reference Number(s) of Documents assigned or released: •:•.:. : 1
(on page of document(s)) • .
Grantor(s) (Last name first,theri first name and initials)
1. Char)) cak( ii 19
•
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2.640.41 6irace. P, .
3. .
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5. CI Additional names on page of document. •
Grantee(s) (Last name first,then first name and initials) • . . ,
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3. • . • ' • • .
4. • . • .
5. 0 Additional names on page of document. . ' • . .
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• egal description (abbreviated: i.e.lot,block.plat or section, township, range) .' . . .
/7') elec4- /3 „.. Reo-/v71 Far/Y) Plea-- NO, 2. .
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0 Additional legal•is on page of document. •
Assessor's Property Tax Parcel/Account Number • •
•'7. `715.-0 .- 0,245— .. • . • . .... . . .
•
. .
El Additional legal is on page of document. • .
The Auclitor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
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WHEN RECORDED RETURN TO:
Office of the City Cleric CITY OF RENTO
Renton Municipal Building ^r_Nry%Fen DECLARATION OF Project File# -02 C
200 Mill Avenue South Parcel Tax Account Ws �.�.41S0da/
Renton,WA 98055 . RESTRICTIVE COVENANTS � '� 5
JAN 2 3 1997 ' Grantor(s)Name
RTSQ
WHEgyAs .�.6: 6.0 V 11%,7 N
(Names of property owners) • , •
0y/L y CHAN �
14,1, cr,'
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 attached described
real property.
NOW, THEREFORE, the aforesaid owner(s) 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: •
SSG^ A-cTAe - c-:: 6 PX(-+-tgi j ."
DURATION
N
These covenants shall run with the land 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 nonconfroming 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.
•
•
1(// /\C
STATE OF WASHINGTON )
, I
COUNTY OF KING ). .
I certify that I know or have satisfactory evidence that Ph i Icpp (71,ta i 6nt.c - till
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated: 0:011. / 1 1°l57 34atutiu.
Notary Public in and for the State of Washington
Notary(Print) !�
_ . My appointment expires: ,r�/� 7
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EXHIBIT"A"
LOT 17, BLOCK 13, RENTON FARM PLAT NO. 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 32, IN KING COUNTY,
WASHINGTON.
COMMONLY KNOWN AS 530 WILLWAMS NORTH, NORTH, WA. 98055
I "
HX1-11617 // I•
Conditional Approval Permit Conditions .
•
for Property at 530 Williams Avenue N. h
•
a. The conditional approval permit for the existing use, a four-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 structure, a two-story, 4-unit apartment building,
shall be in effect for a period not exceeding g 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 h
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.
•
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CIT _ OF RENTON
Office of the City Attorney
•
Jesse Tanner,Mayor Lawrence J.Warren
•
MEMORANDUMFITY OF REkr1Ofd
FEB0 5 1997
To: Laureen Nicolay, Associate Planner
k..,JI4,.usivu DIVISION
. From: Lawrence J. Warren, City Attorney
' Date: February 5, 1997
Subject: Revised Declaration of Restrictive Covenants;
Philip and Grace Chan, 530 Williams Avenue North
I have reviewed the above-referenced document and the same is approved as to legal form.
•
•
Lawrence J. Warren.
LJW:as.
cc: Jay Covington
- A8:129.71.
•
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Post Office Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (206)255-8678
:.� This paper contains 50%recycled material,20%post consumer
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM .
DATE: February 4, 1997
TO: Larry Warren, City Attorney
FROM: Laureen Nicolay, Associate Planner
SUBJECT: Revised Restrictive Covenants
for Conditional Approval Permit for Nonconforming
Use and Structure owned by Philip and Grace Chan
at 530 Williams Avenue North
Attached are REVISED restrictive covenants prepared by Mr. Chan. Will
these be adequate in conjunction with the Certificate of Conditional
Approval for a Nonconforming Use and Structure? I have attached the
conditions of approval and your previous comments.
Please review the content and format and let me know if you find the
revised document acceptable. Thank you.
p -fk.
•
•
CIT F :RENTON
- .Li Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator
August 20, 1996
Philip Chan
7940-b Seward Park Avenue S. ':
Seattle,WA 98118
SUBJECT: CLASS A NONCONFORMING USE/STRUCTURE REQUEST,530
WILLIAMS AVENUE N.
Dear Mr.Chan:
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 approved 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 for your fourplex.::Council„required this in order.that`any"subsequent owners or tenants at
this property will know that approval was for a specified numberof 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 knowing of this;possibility,if the permit was not reissued. _
Attached is a sample ofa restrictive covenant fom'iatif,you-are not familiar with this type of legal
-instrument. .Most applicants have their personal attorney drafft these up for them, although this is
not a :City: requirement What'is 'important;is'that 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 Nicolayin the Development'Services Section of the
Planning%Building/Public WorksDepartment 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, w•ve:will be able to issue you your
: Conditional Approval Permit..
If you have any questions'about this process-you should contact Laureen Nicolay at 277-5594, or,
myself at 277-6181.
Don Erickson,AICP. _.
;;Enclosures: : -Sample Restrictive-Covenants; ` : • = -
:Council Adopted-Conditions for Conditional Approval Permit at5 OWilliams
:Av nu" - -
e e N. -
200 Mill Avenue South --Renton,'Washington 98055
This paper contalns 50%recycled material,20%.post consumer '
Conditional Approval Permit Conditions
for Property at 530 Williams Avenue N.
a. The conditional approval permit for the existing use, a four-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 structure, a two-story, 4-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.
518WLLMS.DOC/ •
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•-•-•••••
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, .•,, . Planning/l3uildmg/Public Works Department,,.- •, .
.• . •• • - .. • •Jesse Tanner Mayor _:Gregg Zimmerman P.E.;Administrator
:• , .
Philip Chan
• ..
.• . • •- • • • . . _ . •
•. . ,
. • ..., • • •• . - - . . -•- • •
'.••• • •'••• • • • ••• . • • •
•- • ••• -7940=13 Seward Park Avenue South. •:: •.
Seattle, WA 98118
•••
u'‘:•• -t6uRestriative::CoVenapt0 in-Order to Finalize your
--.-Certificate of,Conditional Approval ,.or Property located at 530
Williams Avenue South in Renton
• . • . •• •. • . . .
Dear Mr Chan
Thank you
for submitting your proposed
received on November 1 9th There will need to be several changes made in
order foribue:attorney:10 approve the document
;2-1. -'••••• ••••••••
with this letter
•
• ‘,
In the first
ft:iif,,the.:;document ii:t tstates that the legal description is
insteadattached as Exhibit A, but no Tof
Exhibit
•
being attached as "Exhibit A", the legal description was inserted where the
-PL•;•;:::':,:?:::';;;;'06tcral covenants-should be located
- •
I have enclosed
'•a:copy•fot,the ,„:.coven@.0 6 inserted into the
• ••-• " body•—•Of"the-docurrient-,(WhereAhe.legardescription is currently located)
Please
• •-• •
.1 6'1; 'me at 277-5594. for more-;;:information, about:A1-1;
may wish ,consult;with your:own :attorney
requirements
•
;•?::•,•• . • •
••• the finalization of this document
Sincerely,,; • _ .
• - ' • -"•.•
• •'•'-••••••
..•.,,,•
reenNic AssociateDevelopment Services Division Planner
•
• r enclosure
• • -• -....•••••••••
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CIT' N OF RENTON
"LL Office of the City.Attorney
Jesse Tanner,Mayor Lawrence J.Warren
CITY OF RENTON
MEMORANDUM /^
NO\! 2 5 1996
To: Laureen Nicolay, Associate Planner
OEV ,L'Jreon.—.<. ..art voe.+ .
MOON
From: Lawrence J. Warren, City Attorney •
Date: November 22, 1996
Subject: Draft Restrictive Covenants for conditional Approval
Permit for a Nonconforming Use and Structure owned by
Philip and Grace Chan at 530 Williams Avenue North
•
I can' t tell what is Exhibit "A. "
If it is the Council minutes, it won' t be adequate . What really
needs to be the Exhibit is the language from, page 4, items 2 a,b,
and c of the. Planning and Development Committee, Conditional
Approval Application, Report and Re mmendation.
c
awrence J. , Warren
LJW: ch
•
Post Office Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (206)255-8678
;..• This paper contains 50%recycled material,20%post consumer
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: November 19, 1996
TO: Larry Warren, City Attorney
FROM: Laureen Nicolay, Associate Planner
dr7
SUBJECT: Draft Restrictive Covenants for Conditional Approval
Permit fora Nonconforming Use and Structure
owned by Philip and Grace Chan at 530 Williams
Avenue North
Attached are draft restrictive covenants. Will these be adequate in
conjunction with the Certificates of Conditional Approval for a
Nonconforming Use and Structure? I have attached the conditions of
approval.
Please review the content and format and let me know what you think.
Thank you.
1
WHEN RECORDED RETURN TO:
Office of the City Clerk
Renton Municipal Building ^r`ry 07 fDEGLARATION OF Project File#
200 Mill Avenue South RESTRICTIVE COVENANTS Parcel Tax Account#'s
Renton,WA98055
Grantor(s)Name
1996 RTSQ
WHEREAS, ��.� , ... i3Jild «at3 '� •
(Names of property owners) ,
P1TJ-iLAP Y. C BAN ,
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 attached described
real property.
NOW, THEREFORE, the aforesaid owner(s) 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:
L07 /1 gLoU t?j, R ArrON FA-01 19LAT N0 2 PGeog. U -ro ik1 PLAT
-TI CKe ot^- cots 'Tv VOLu/n- t t OP- Pz-ATS, PA4E 3 Z, A) P/
c ot3/UT(1 1.0ASi4 1. TQA1,
C..0 nicntu( (C/t C dAJ A-S S30 MALL-tAWt-S NZ/124 A , feJNTo1v) (c)A, ggoss=
DURATION
These covenants shall run with the land 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 nonconfroming 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.
//117/PC:
•
STATE OF WASHINGTON )
COUNTY OF KING ) n/' • �/- -�
I certify that I know or have satisfactory evidence that Ph �i f OIZb1 % ^d e_ tl-a
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses
. and purposes mentioned in the instrument.
Dated: / ( i`!6 ���---
NotaryPublic in and the of Washington .
�
Notary(Print) S .•6GutGh
My appointment expires: .50 1
tr` „
•,/k .._.
•
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•
•
•
•
•
•
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. .115th 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,
Ito Bus Students expressing interest in transporting high school students via Metro buses.
TOLD 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.
r
+ 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 KEOLKER-WHEELER, SECONDED BY SCHLITZER,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See
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
• 0
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: 530 Williams Avenue North, Normar Apartments
SUMMARY OF REQUEST: City sponsored conditional approval of a 0.11 acre
site developed with a 2-story rectangular shaped four
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 25, 1995 Conditional .oval Permit, 530 Williams Avenue Nor continued 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 530 Williams Avenue North in a predominantly single-family area in North
Renton that includes a fair number of other multi-family residential dwellings in this northwest
corner of the neighborhood.
5. The existing rectangular building is a medium sized two-story wood-frame structure that was
built most likely in the early 1960's. It is approximately 40 feet by 60 feet in size, with a flat roof
and dark brown stained wood siding. The two-story building has larger windows facing the street
as well as a partially landscaped front yard on Williams. The entrance to the four units is off the
south sideyard. Here the entrance walkway is covered by a cantilevered balcony that runs across
the south facade.
6. A five to seven foot sideyards exist along the north and south sides of the building and parking
for six cars is provided at the rear of the building off of the alley. The building itself appears to be
setback approximately ten feet from Williams Avenue North.
7. The subject site is approximately 5,000 square feet in area, comprising what previously was a
single-family lot. Immediately to the north of the site between it and North 6th Street is a duplex,
followed by a six-unit apartment building with a smaller single-family house at the corner of Williams
Avenue N. and N. 6th Street. Across N. 6th Street to the north are Boeing office buildings.
8. A single-family one-story residential structure abuts the existing two-story multi-family building
on the south. This and similar older homes in the area have greater setbacks from the street and
larger rear yards than do most of the newer apartments.
9. 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.
10. 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.
11. 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 south, east, and west of
the site. However, two lots to the north the zoning changes into R-10. Basically the whole south
side of 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.
14. Given the average density of the current site at nearly 35 DU/AC, it is not compatible with
either the R-8 or the R-10 Zones in the area.
July 25, 1995 Conditional 'oval Permit, 530 Williams Avenue Noi -,ontinued Page 3
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 structures are multi-
family. Both to the north and across the street to the west are existing multi-family
dwellings. Aesthetically, the 4 unit apartment building does not tie in very well with the
residential character of the surrounding residential neighborhood. Although there are a
number of other apartment buildings in the area, a number of these have used sloped roofs
and other architectural features to tie in better with this character. The existing structure,
because of its flat roof, poorly articulated entryway from the street, and lack of individual
unit identity does little to enhance to single-family character. However, because of the
relatively high number of existing apartment buildings in the immediate area, the subject site
is not seen as having an "undue adverse effect" on adjacent properties in terms of noise,
traffic, glare, and the like.
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 5,000 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 south, as well as across the
street to the west. Because of the number of existing multi-family dwellings around the site
that appear to be fairly well maintained it is unlikely that this area will convert to single-
family without substantial change occuring elsewhere as well. It likely will be a number of
years before market forces are such that this area will be considered "prime" for single-
family uses: If this 5,000 sq. ft. site were redeveloped for single-family residential it could
only accomodate one unit.
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:
July 25, 1995 Conditional Oroval Permit, 530 Williams Avenue Norcontinued Page 4
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 (± 35 DU/AC), it is
unlikely to be a preferred site, at least initially, for redevelopment with one single-family
dwellings at a density of± 8 DU/AC. This is because the existing 5,000 sq. ft. site is only
large enough to support one single-family dwelling 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 and
facade 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
July 25, 1995 Conditional __.. .oval Permit, 530 Williams Avenue Nou .ontinued Page 5
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
5l8W,ims.Doc
} _
- AGENDA ‘ J....
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
•:•40 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 i' .;immends approval of the project, autl'h,.. -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, Wall required releases are obtained. Council
concur. .
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 be held by the chairman if
further review is necessary. .
a. Community Services Committee: Sister City Committee Appointments .
b. Planning&Development Committee: 1996 Photogrammetric 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). •
11. NEW BUSINESS
(Includes Council Committee agenda topics- call 277-4430 for recorded information) : ,
12. ADMINISTRATIVE REPORT: _-
13. AUDIENCE COMMENT
14. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING
AGENDA
(Preceding Council Meeting) .
COUNCIL CHAMBERS
6:30 p.m.
•
Auto Mall Issues
r v
RENTON CITY COUNCIL
Regular Meeting
February 19, 1996 Council Chambers
Monday, 7:30 p.m. Municipal Building
MINUTES
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:
il Minutes Page 54Renton City Council February 19, 1996 =
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
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
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.
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. 11
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
11
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.
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.
Vacation: SW 13th Property Services Division submitted appraisal in the amount of $342,916.20
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
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, street 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 PI 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.
MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
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.
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- i
WHEELER, COUNCIL REFER THIS CORRESPONDENCE TO THE
PLANNING & DEVELOPMENT COMM111'F.E. CARRIED.
p
CONDITIONAL APPROVAL PERMIT APPLICATION FOR NONCONFORMING
LOCATION: 530 Williams Avenue N. RECOMMENDATION: Approve Nonconforning Use/Structure not to exceed 10 year period.
RECOMMENDATION FOR NONCONFORMING USE
7 r a. The conditional approval permit shall be in effect for a period not
exceedingten (10) years. If a catastrophic loss of the original structure
r% _ ,, , ,, occurs within the conditional approval permit period and the site is not
��__ vari. - redeveloped within two years, the non-conforming use shall not be re-
I '•• , ° established.
�y F �r
4 .
iiiii.E MM DA 'f.O#`J:::> bRiNONCONFOAMING; TRUC URE:iiiiii::::iiii::: .
•
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a. The conditional approval permit shall be in effect for a period not
.:c.,. _
.:;.: ,,:�:.. exceeding ten (10) years. If a catastrophic loss of the original structure
'0-`" occurs within the conditional approval permit period and the site is not
redeveloped within two years, the non-conforming use shall not be re-
+ -.;1. established.
-- .;r•�. s ;:-�;• b. An application for site plan review shall be made if a catastrophic or
RIN
.,,„.. . „ an accumulative loss greater than fifty percent (50%) of the assessed
•
_ value of the structure occurs within this ten (10) year period. The
i .r-4 • � . replacement structure shall be reviewed to ensure that it is
9 — a.`. 01: _ -• - .: . •`: T --'" architecturally in character in terms of its roof and facade treatment,
��, x ,• ' , ,.-r��F '� setbacks, etc., with the surrounding area at that time and, that it
411 .,,, _ ,orf � r,' complies with all relevant building codes and the existing zoning codes
:Zdr- then in place, to the extent possible.
= . - - ).,- r • - _yam_ ,.� c. The extent of the existing non-conforming building that may be
replaced with additional non-conforming structure shall not exceed the
a.::
- _.. -- - amount of the structure accidentally damaged.
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530 Williams Avenue North, Nomar Apartments
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: 530 Williams Avenue North, Normar Apartments
SUMMARY OF REQUEST: • City sponsored conditional approval of a 0.11 acre
site developed with a 2-story rectangular shaped four
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:
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 Conditional Ag 'al Permit, 530 Williams Avenue Nortl intinued Page 2 « 'I
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 530 Williams Avenue North in a predominantly single-family area in North
Renton that includes a number of other multi-family residential dwellings in this northwest corner of
the neighborhood.
5. The existing four unit rectangular building is a medium sized two-story wood-frame structure that
was built most likely in the 1960's. It is approximately 40 feet by 60 feet in size, with a flat roof
and dark brown stained wood siding. The two-story building has larger windows facing the street
as well as a partially landscaped front yard on Williams. The entrance to the four units is off the
south sideyard. Here the entrance walkway is covered by a cantilevered balcony that runs across
the south facade.
6. Five to seven foot sideyards exist along the north and south sides of the building and parking for
six cars is provided at the rear of the building off of the alley. The building itself appears to be
setback approximately ten feet from Williams Avenue North.
7. The subject site is approximately 5,000 square feet in area, comprising what previously was a
single-family lot. Immediately to the north of the site between it and North 6th Street is a duplex,
followed by a six-unit apartment building with a smaller single-family house at the corner of Williams
Avenue N. and N. 6th Street. Across N. 6th Street to the north are Boeing office buildings.
8. A single-family one-story residential structure abuts the existing two-story multi-family building
on the south. This and similar older homes in the area have greater setbacks from the street and
larger rear yards than do most of the newer apartments.
1
9. 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.
10. 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.
11. 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 south, east, and west of
the site. However, two lots to the north the zoning changes into R-10. Basically the whole south
side of 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.
14. Given the average density of the current site at nearly 35 DU/AC, it is not compatible with
either the R-8 or the R-10 Zones in the area.
• ' ' ' 05/05/95 Conditional App I Permit, 530 Williams Avenue North, ,'tinued Page 3
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 structures are multi-
family. Both to the north and across the street to the west are existing multi-family
dwellings. Aesthetically, the 4 unit apartment building does not tie in very well with the
residential character of the surrounding residential neighborhood. Although there are a
number of other apartment buildings in the area, a number of these have used sloped roofs
and other architectural features to tie in better with this character. The existing structure,
because of its flat roof, poorly articulated entryway from the street, and lack of individual
unit identity does little to enhance single-family character. However, because of the
relatively high number of existing apartment buildings in the immediate area, the subject site
is not seen as having an "undue adverse effect" on adjacent properties in terms of noise,
traffic, glare, and the like.
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 5,000 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 south, as well as across the
street to the west. Because of the number of existing multi-family dwellings around the site
that appear to be fairly well maintained it is unlikely that this area will convert to single-
family without substantial change occurring elsewhere as well. It likely will be a number of
years before market forces are such that this area will be considered "prime" for single-
family uses. If this 5,000 sq. ft. site were redeveloped for single-family residential it could
only accommodate one unit.
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:
•
09/05/95 Conditional Al ,al Permit, 530 Williams Avenue Nortl-.. _ .-Intinued Page 4 -
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 (± 35 DU/AC), it is
unlikely to be a preferred site, at least initially, for redevelopment with one single-family
dwellings at a density of± 8 DU/AC. This is because the existing 5,000 sq. ft. site is only
large enough to support one single-family dwelling 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.
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 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 and
facade 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
1
• 09/05/95 Conditional App. Permit, 530 Williams Avenue North,IJtinued Page 5
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
530wilms.doc
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Class "A" Non-Conforming Uses
Property Addresses: 530 Williams Ave. N. , Renton i* (RIO
435 Williams Ave. N. , Renton SF (R-1
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.
GrTY OF FiEilTON
RECVED
JUN - 6 1994
1 y
1 BUILDING DIVISION I
•
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. 3-3 q S -/D . /Lug- in-e &
2. Does not create hazards, nuisancespther its to
• adjacent uses; or c 1 G� e.,e-�`
3. Potential impacts can be mitigated by permitted alterations to
the use.
cry of RerroN '.
E C 'E I V E
NO FEE IS REQUIRED. JUN - 1994
BUILDING DIVISION
h:ncu
Criteria Compliance for Non-conforming Uses/Structures
Address: 530 Williams Ave N Existing Use: 4-plex Apartment Bldq Existing Zoning: Single Family
Community Need - Moderate, may or may not provide affordable housing. •
Effect on Adjacent Properties Medium to High in terms of light and air; adequacy of
parking, lot privacy, etc. to nearby single-family uses.
Historic Significance None.
•
Economic Significance Moderate.
Consistency w/ Existing Plans/Programs Inconsistent with existing single family zoning in area.
•
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Architectural Significance None.
Arch. Compatibility w/ Surrounding Uses Low, flat roof and minimal front and rear yard, inconsistent
with surrounding single-family area.
Potential of Site for Redevelopment Low, because existing higher density use is currently more
economical than single family uses.
Condition of Building/Structure Appear to be good when viewed.from exterior.
• Departure from Zoning Code Exceeds 35% lot coverage and is not a permitted use. Was
a permitted use prior to June 7, 1993.
Document3/CoR