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Home My WebLink AboutLUA98-099OXD vrat. 0001 Facilities & Operations Center 1 %,z c Z ,„ OFFICE OF THE EXECUTIVE DIRECTOR t,..•NW .,,,,aZ Telephone: (206) 204-4403 Fax: (206)204-4476 403 c R Q November 5, 1998 NOV I 0 1998 to As ; MINER Mr. Fred Kaufman Hearing Examiner The City of Renton 1055 South Grady Way Renton, WA 98055 RE: Appeal of Administrative Determination regarding McKnight Middle School Appeal File No. LUA98-099,AAD Dear Mr. Kaufman: Due to our decision to resolve our disagreement through alternative means, we would like to withdraw our request for appeal of the administrative determination and cancel the hearing scheduled for November 17, 1998. Thank you for your assistance in this matter. We apologize for any inconvenience this may have caused. truly yours, Rick Stracke Executive Director, Facilities & Operations c: Dolores J. Gibbons, Ed.D. Jack Connell 1220 North 4th Street, Renton,Washington 98055 AFFIDAVIT OF PUBLICATION Lori L. Furnish first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 a daily newspaper published seven (7)times a week. Said newspaper is a legal newspaper of general publication and is now and has been for more than six months NOTICE OF PUBLIC HEARING prior to the date of publication, referred to, printed and published in the English language RENTON HEARING EXAMINER continuallyNGTONasadailynewspaperinKent, KingCounty, Washington. The South CountyRENTON, c Hearing will be heldY9APublicwillbeheld by the Journal has been approved as a legal newspaper by order of the Superior Court of the Renton Hearing Examiner at his regular meeting in the Council Chambers on theStateofWashingtonforKingCounty. 7th floor of City Hall, 1055 South GradyThenoticeintheexactformattached, was published in the South County Way, Renton, WA, on October 6, 1998 at Journal (and not in supplemental form)which was regularly distributed to the subscribers 9:00 AM to consider the following petitions: duringAthe below statedperiod. The annexed notice, a PKEAL McKnight Middle School Sign AAD-98-099 AAD 98-099 &AAD 98-107 Renton School District appeals the admin- istrative decision for McKnight school site signage. as published on: 9/25/98 APPEAL Belmont Homes AAD-98-107 The full amount of the fee charged for said foregoing publication is the sum of $ 32 .91 Appeal of issuance of Building Permit Legal Number 5215 r B980274 for Belmont Homes property' located at 4120 NE 14th Place. All interested persons to said petitions are invited to be present at the Public 6t 5+Hearing to express their opinions. i Published in the South County Journal Legal Clerk, outh County Journal September 25,1998.5215_ Subscribed and sworn before me on this B day of_714119 q nut!, Y)' `./4 airya Notary Public of the State of Washington residing in Renton King County, Washington Lev t7/ '.` S ```` int AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 a daily newspaper published seven (7)times a week. Said newspaper is a legal newspaper of general publication and is now and has been for more than six months NOTICE OF PUBLIC HEARING prior to the date of publication, referred to, printed and published in the English language RENTON HEARING EXAMINER RENTON,WASHINGTON continually as a daily newspaper in Kent, King County, Washington. The South County A Public Hearing will be held by the Journal has been approved as a legal newspaper by order of the Superior Court of the Renton Hearing Examiner at his regular meeting in the Council Chambers on theStateofWashingtonforKingCounty. 7th floor of City Hall, 1055 South Grady The notice in the exact form attached, was published in the South County Way, Renton, WA, on August 11, 1998 at Journal (and not in supplemental form)which was regularly distributed to the subscribers 9:00 a.m. to consider the following petitions: during the below stated period. The annexed notice, a APPEAL MCKNIGHT MIDDLE SCHOOL SIGN Appeal: McKnight Middle School Sign AAD-98-099Rnton9Renton School District #403 appeals the administrative determination for the as published on: 7/31/98 McKnight Middle School site signage. Legal descriptions of the files noted above are on file in the Development The full amount of the fee charged for said regoing publication is the sum of$32.91 Services Division, 6th Floor, City Hall, Legal Number 4992 Renton.All interested persons to said yeti- tions are invited to be present at the Public Hearing to express their opinions. Publication Date: July 31, 1998 Published in the South County Journal dretes--- July 31, 1998.4992 L" a lerk, out o uma Subscribed and sworn before me on this ' 2lay of A whit, 19 c? 6 73r,OD ,_ArvA-`---q-a,L,Lat4Lpf_ N,•••••\-,--" ,,/.•/ Notary Public of the State of Washington residing in Renton Q r 0: •- King County, Washingtonbe: o-- c. C25 •- C> NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the 7th floor of City Hall, 1055 South Grady Way, Renton, WA, on October 6, 1998 at 9:00 AM to consider the following petitions: APPEAL McKnight Middle School Sign AAD-98-099 Renton School District appeals the administrative decision for McKnight school site signage. APPEAL Belmont Homes AAD-98-107 Appeal of issuance of Building Permit B980274 for Belmont Homes property located at 4120 NE 14th Place. All interested persons to said petitions are invited to be present at the Public Hearing to express their opinions. Publication Date: September 25, 1998 Account No. 51067 HEXPUB.DOC CITA )F RENTON 1 r Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman October 5, 1998 Ms. Susan Delanty Jones Preston Gates & Ellis 701 Fifth Avenue, #5000 Seattle, WA 98104-7078 Re: Appeal of Administrative Determination re McKnight Middle School Signage Appeal File No. LUA98-099,AAD Dear Ms. Jones: The appeal in this matter has now been continued to Tuesday,November 17, 1998, at 9:00 a.m. in the Council Chambers on the seventh floor of the new Renton City Hall located at 1055 S Grady Way, Renton. Should you be unable to attend,would you please appoint a representative to act on your behalf. Sincerely, a)-` Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jana Huerter 1055 South Grady Way - Renton, Washington 98055 - (425)430-6515 This paper contains 50%recycled material,20%post consumer r 't' ''` CITY alp RENTON 11'Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman August 11, 1998 Ms. Susan Delanty Jones Preston Gates &Ellis 701 Fifth Avenue, #5000 Seattle, WA 98104-7078 Re: Appeal of Administrative Determination re McKnight Middle School Signage Appeal File No. LUA98-099,AAD Dear Ms. Jones: As you requested on August 5, 1998, the appeal in this matter has now been changed to Tuesday, October 6, 1998, at 10:00 a.m. in the Council Chambers on the seventh floor of the new Renton City Hall located at 1055 S Grady Way, Renton. Should you be unable to attend, would you please appoint a representative to act on your behalf. Sincerely, 1 ic,i4mi________ Fred J. Kauf an Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jana Huerter 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2593 3 This paper contains 50%recycled material,20%post consumer PRESTON GATES & ELLIS L L P ATTORNEYS August 5, 1998 VIA FAX AND REGULAR MAIL Fred H. Kaufman Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98055 Re: Appeal of Administrative Determination re McKnight Middle School Signage Appeal File No. LUA98-099,AAD Dear Mr. Kaufman: This confirms our telephone conversation with your assistant, Marilyn, continuing the appeal hearing in the above matter from Tuesday,August 11, 1998 to Tuesday, October 6, 1998, at 1:30 p.m. Unless we hear otherwise, we shall assume the hearing will take place in the seventh floor Council Chambers of the new Renton City Hall. We appreciate your willingness to move the time of the hearing. Very truly yours, PRESTON GATES& ELLIS LLP By 3.„( Susan Delanty Jones SDJ:sdj cc: Dr. Dolores Gibbons, Superintendent Jack Connell K:\28117\99999\SDJ\SDJ L207V A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES ANCHORAGE • COEUR D'ALENE • HONG KONG • Los ANGELES • ORANGE COUNTY • PORTLAND • SAN FRANCISCO • SEATTLE • SPOKANE • WASHINGTON,D.C. 701 FIFTH AVENUE SUITE 5000 SEATTLE, WASHINGTON 98104-7078 206-623-7580 Fx: 206-623-7022 www.prestongates.com NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the 7th floor of City Hall, 1055 South Grady Way, Renton, WA, on August 11, 1998 at 9:00 a.m. to consider the following petitions: APPEAL MCKNIGHT MIDDLE SCHOOL SIGN AAD-98-099 Renton School District #403 appeals the administrative determination for the McKnight Middle School site signage. Legal descriptions of the files noted above are on file in the Development Services Division, 6th Floor, City Hall, Renton. All interested persons to said petitions are invited to be present at the Public Hearing to express their opinions. Publication Date: July 31, 1998 Account No. 51067 HEXPUB.DOC It CITY )F RENTON ,. LL Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman June 18, 1998 Mr. Jack Connell Renton School District 1220 N 4th Street Renton, WA 98055 Re: Appeal of Administrative Determination re McKnight Middle School Signage Appeal File No. LUA98-099,AAD Dear Mr. Connell: Your letter of appeal in the above matter has been received and a date and time for said hearing have now been established. The appeal hearing has been set for Tuesday,August 11, 1998 at 9:00 a.m. in the Council Chambers on the seventh floor of the new Renton City Hall located at 1055 S. Grady Way. Should you be unable to attend, would you please appoint a representative to act on your behalf. We appreciate your cooperation, and if you have any questions, please contact this office. Sincerely, vou.„ Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jana Huerter 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2593 itil • BOXD c.„..t voz Capital Projects Office s --11 I ' FACILITIES AND OPERATIONS CENTERd '`"`"'"'"Ty Telephone: (206)204-4470 Fax: (206) 204-4476 403 011T1LL1 ii.JUN 1 1 1998 11 June 11, 1998 Office of the Hearing Examiner City of Renton Development Services Division Municipal Building 235 Mill Street Renton, WA 98055 RE: Appeal of Administrative Determination Letter of June 1, 1998 from Ms. Jana Huerter Our letter dated May 21, 1998 Dear Sir: May this letter serve as notification that we wish to appeal the administrative determination discussed in the letter from Ms. Huerter, referenced above. Also, enclosed is the necessary Seventy-Five and No/100 Dollars ($75.00) filing fee. At the time of the hearing, we will present a written document presenting our position, unless this needs to be submitted at an earlier date. I have also included copies of all previous correspondence, also referenced above. Please contact me at 425-204-4475 if there is any further information you need prior to the hearing date. Sincerely, Cr...A 41 k Connell ilities Project Manager JC:kp 0698.jc c: Rick Stracke encl 1220 North 4th Street,Renton,Washington 98055 I 1.. , BOND e. c„..t 5y. 0 p Capital Projects Office o- 4 d„ yirFATILITIES, 06) AND4OPERATIONGS) 2CENTER1470Fax: N WIr. 403 76 May 21, 1998 Ms. Jana Huerter Land Use Review Supervisor City of Renton 200 Mill Avenue South Renton, WA 98055 RE: McKnight Middle School - Site Signage Dear Ms. Huerter: It was a pleasure meeting you, especially after our earlier telephone conversations, while being helped at the intake counter yesterday. Since those conversations, I have had a chance to review the sign ordinance and discuss this situation with my supervisor, Mr. Rick Stracke. He, like me, was surprised that this is an issue. Although the signage package was not available for our Site Plan Review submittal, it was complete and submitted during the Permit Review process. As I mentioned, we heard nothing from any City department representative, during this Permit Review process (which from an outsider's" perspective, includes all departments within the Planning/Building/Public Works Department) to lead us to believe that a separate review/permit for signage was appropriate, outside of our all-inclusive permit review submittal. To further reinforce this feeling of compliance, the sign construction inspections, by all appropriate on-site inspectors, were requested and signed off on the same permit sheets as the remainder of the project. If the inclusion of this permit and scope of work was unusual, why wasn't this mentioned by any of the City representatives we dealt with. With the number of special" permits requested for a project such as McKnight, it is difficult to imagine that any permit requirement could have been forgotten. Besides, our signage was a very small part of an all encompassing large project, rather than an entire project as often occurs in retrofit signage work, which this section seems to address. We believe that an additional review opportunity is granted the "local authorities" in the granting of "Final Occupancy." Again, as you know, this requires the sign-off of all involved departments before the Building Official signs off approval of the project. I would hope you can understand our position, that we assume when we receive every indication that we comply with City requests and receive final sign-off, that your internal requirements and regulations have all been satisfied. It now seems incredulous that a year and one-half after completion of the project and final sign-off, that we are being told that we haven't complied with all City administered requirements. Have we not satisfied the signage requirement in the Building Official's sign-off, granting Final Occupancy per Title IV, Chapter 20, Section 1, Paragraph C.4, which states 1220 North 4th Street,Renton,Washington 98055 Ms. Jana Huerter May 21, 1998 Page 2 the building official may approve such alternates; provided, that he finds the proposed sign is satisfactory for the purpose intended and is equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety?" Additionally, in reviewing the sign ordinance it seems that we are, in any event, not out of compliance. As we discussed, being a public agency, we feel such readerboard signs, as we frequently find at public facilities including schools, are posting notices of general public information and would qualify as public service signs. Thus being exempt from the permitting process, as mentioned in Title IV, Chapter 20, Section 3, Paragraph C.15. This seems to be substantiated in that the permit fee structure is based on "signs on private property only." Regarding your observation that we should apply for a variance for a non-conforming sign situation, for instance that we are closer to the public right-of-way than the allowed seventy-five feet (75'); per 4-20-8.A.3, public service signs are again listed as an exception to this requirement. Also, in 4-20-12 regarding size, number and height of signs, Paragraph B.2 states Churches and schools, etc.: churches, schools, apartment buildings, subdivision developments and similar occupancies located in residential zones may have two (2) on-premise identifying signs of not over thirty-two (32) square feet in an area on one face. The signs may be illuminated but not animated, shall be for location identification only and shall display no copy, symbol or device other than in keeping with the development." This last sentence is negated by the exception granted to public service signs in 4-20-8.A.3, regarding copy and animation. The paragraph further states, "Free standing signs shall be not higher than six feet (6') above any established grade and shall be no closer than ten feet (10') to any street right-of-way or five feet 5') to any side property lane." The setback distance mentioned here also negates the 75' distance from public right-of-way mentioned in 4-20-8.A.3. The height limitation is amended by the last sentence in the quoted paragraph which states, "However, public facilities may have one free standing sign with a maximum height of twenty-five feet (25')." Please review these issues with regards to our earlier conversation, as we feel that we conform to the requirement of the City's SignCode/Ordinance. We feel that in granting "occupancy," the City has granted approval of our project as constructed, installed and located. We have dealt with the City departments in good faith and complied with all conveyed written requests and satisfied stated final sign-off requirements. It would be inappropriate to penalize the District one and a half years after project completion. We agree with your observation that our sign is well designed and pleasant looking. Given this and the Code conditions with which we comply, we do not understand the basis for this inquiry. We will be happy to provide you with the necessary documentation to verify size, height and location. We would also be available to meet further with the City to develop a more consistent zoning application to all of our school sites, and the use of the "P" suffix to promote reasonable, appropriate requirements for all such situations. Ms. Jana Huerter May 21, 1998 Page 3 If you feel strongly that our interpretations of these points are incorrect and you still feel that a separate, sign only, permit and variance should be submitted, please provide us with copies showing where we failed to comply with requested action and provide us with a written explanation of how you are interpreting the requirements and exceptions in the sign code/ordinance. Thank you for your time and trouble regarding this issue. Please do not hesitate to call either myself at 425-204-4475 or my supervisor, Mr. Rick Stracke at 425-204-4403, if you have any questions regarding our position on this issue. Sincerely, Cfew.istitSUL Connell Facilities Project Manager JD/kp 0598.jc c: Rick Stracke N to ` CIT"OF RENTON owl `;. Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator F i i.E 4-- June 1, 1998 rt.b.u. -tv r'' n r1 JUN - 1998 Jack Connell Facilities Project Manager, Renton School District I--i L U 1220 North 4th Street Renton,WA 98055 SUBJECT: MCKNIGHT MIDDLE SCHOOL SIGN Dear Mr. Connell: I have received your letter and request for reconsideration on my determination that a variance(s), sign permit, and electrical permit are required for the free-standing sign at McKnight Middle School. Section 4-20-3A1 of the City's sign regulations states that permits are required for permanent signs. After researching our permit tracking program,I find no record of a sign permit or mention of inspections or approval of the McKnight message center sign. In your letter you inquire as to whether the electronic message center sign could be considered exempt from permit requirements under sign code provision 4-20-12C3. The scale and type of signage exempted under this section is different from the McKnight message center sign. Section 4-20-12C3 is intended only to exempt small public service signs which would typically be located within the right of way, such as signs denoting a historic point of interest,neighborhood welcome, and citizen recognition signs. Therefore,the sign can be considered exempt from the requirement for a sign permit. We strive to make our permitting requirements clear at the time of application and I am sorry you were not aware of the requirement for a sign permit. I have attached a copy of our Building Permit application form which notes that separate permits are required for signs, swimming pools,etc. You wondered if the signage in question could be considered to be approved under the final occupancy permit for the overall school project. For clarification of this issue,it may help you to know that sign requests are processed in much the same manner as requests for swimming pools. Although the locations of these items (signs and pools)may be indicated on the site plan for the overall project, separate permit applications with detailed plans are still required. Unfortunately, the items covered under the school's final occupancy permit and sign off of permits are only those items for which a permit has been issued: anything not covered under a permit is not considered in the sign off'. A•1SCHOOL.DOC 200 Mill Avenue South - Renton, Washington 98055 This paper contains 50%recycled material,20%post consumer Page 2 June 1, 1998 In your letter you raised a number of additional issues. Regarding the Building Official's ability to approve alternates (RMC 4-20-1C4),this only applies to alternate materials,methods of construction, or design"not specifically prescribed by the code." Since the Sign Ordinance does have specific provisions for dealing with both signage for schools (Section 4-20-12B2 states signs for schools "may be illuminated but not animated")and electronic message center signs (Section 4- 20-8A3 prohibits animated signs within 75' of the right of way),the Building Official does not have the authority to approve an alternative to these provisions. A variance from the City's Board of Adjustment would be required. Regarding Section 4-20-8.A.3 which exempts certain animated signs from the 75-foot setback provision,the school's electronic message board could not be classified under this exemption as it contains information and messages beyond just"time,temperature and humidity". Only those animated signs which contain nothing other than time/temperature/humidity have been exempted under this provision. Section 4-20-12B2,which lists the specific sign requirements for schools (e.g. 10-foot minimum setback), does not take precedence over general code requirements which apply to all types of uses, such as the prohibited sign section. These sign provisions for schools apply in addition to all the general prohibitions (e.g., 75-foot setback for electronic message boards)not in lieu of them. In summary, in order to retain the sign in its current location,you will need to obtain variances from Sections 4-20-12B2 and 4-20-8A3 of the sign code. I have enclosed a copy of the complete variance application package. Please bring or mail in one copy of your application prior to formal application for our counter staff to review to ensure no additional variances are necessary. If your variances are granted by the Board of Adjustment,you will then need to apply for, and receive, both a sign and electrical permit. Please feel free to contact either me or Laureen Nicolay at 235- 2550. This is an administrative determination and,upon payment of a$75.00 filing fee,may be appealed within 14 days of the date of this letter to the City Hearing Examiner pursuant to Renton Municipal Code Section 4-8-11. S. ly, i ana Huerter Land Use Review Supervisor DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-31462 C:06-11-1998 CASHIER ID : S 15:08:00 A:06-11-1998 5007 APPEALS & WAIVERS 75.00 000.000.00.345.81.00.000003 TOTAL DUE 75.80 RECEIVED FROM: RENTON SCH00DL DIST 403 CHECK 75.00 TOTAL TENDERED 75.00 CHANGE DUE 0.00 DUPLICATE RECEIPT DUPLICATE RECEIPT