HomeMy WebLinkAboutLUA98-099OXD
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Facilities & Operations Center
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OFFICE OF THE EXECUTIVE DIRECTOR
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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
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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
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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
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c: Rick Stracke
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1220 North 4th Street,Renton,Washington 98055
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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
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JUN - 1998
Jack Connell
Facilities Project Manager, Renton School District I--i L
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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
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REG/RCPT : 02-31462 C:06-11-1998
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