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HomeMy WebLinkAboutLUA98-107D r U u u Y LAW OFFICES OF OCT — 6 1998 WILLIAM N. SNELL OF RENTON A PROFESSIONAL SERVICE i u:,. 3 MINER William N. Snell CORPORATION FAX (206)682 3746 1111 THIRD AVENUE SUITE 2220 snellaw@msn.com SEATTLE,WASHINGTON 98101-3207 October 2, 1998 City of Renton Fred Kaufman, Hearing Examiner 200 Mill Avenue S. Renton, WA 98055 Via fax and U.S. Mail Re: Appeal of Building Permit No. B980274, Belmont Homes File No. LUA98-107, AAD Dear Examiner Kaufman I represent Mike and Susan Morris who filed the above referenced appeal, which is scheduled for hearing on October 6, 1998. Based on the information provided by Jim Hanson of the Building Department, the site plan for Lot No. 101 also identified at parcel C, lot 3 has been revised by the applicant to show the building located outside the easement claimed by the Morrises. Based on this information the Morrises are withdrawing their appeal. Very truly yours, William N. Sn 1 WNS:wns cc: Mike & Sue Morris C:WIY DOCUMENTS\JOHNSON RIEHM\HE LET10298.DOC r 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 NOTICE OF PUBLIC HEARING a dailynewspaper seven (7) times a week. Said newspaper is a le al RENTONEN HEARING EXAMINERpublished9RENTON,WASHINGTON newspaper of general publication and is now and has been for more than six months A Public Hearing will be held by the prior to the date ofpublication, referred to, printed andpublished in the English language Renton Hearing Examiner at his regular9meetingintheCouncilChambersonthe continually as a daily newspaper in Kent, King County, Washington. The South County 7th floor of City Hall, 1055 South Grady Journal has been approved as a legal newspaper by order of the Superior Court of the Way, Renton, WA, on October 6, 1998 at 9:00 AM to consider the following petitions:State of Washington for King County. APPEAL The notice in the exact form attached, was published in the South County McKnight Middle School Sign Journal not in supplemental form) which was regularly distributed to the subscribers AAD-98-099oss andPP 9 Y Renton School District appeals the admin-during the below stated period. The annexed notice, a istrative decision for McKnight school site signage. APPEAL AAD 98-099 & AAD 98-107 Belmont Homes AAD-98-107 ublished on: 9/25/98 Appeal of issuance of Building PermitaspB980274forBelmontHomespropertylocatedat4120NE14thPlace. The full amount of the fee charged for said foregoing publication is the sum of$ 3 2 .91 All interested persons to said petitions are invited to be present at the PublicLegalNumber5215r— - Hearing to express their opinions. Published in the South County JournalSeptember25,1998.5215 Legal Clerk, South ounty Journal Subscribed and sworn before me on this —ThAJ day of 19 ci tttetrrrr" t1 I.1 r' 1(a-P Notary Public of the State of Washington r. v residing in Renton King County, Washington y c o: `a 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 c CITX OF RENTON LL Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman September 3, 1998 Mr. William N. Snell 1111 Third Avenue, Suite 2220 Seattle, WA 98101-32078 Re: Appeal of Issuance of Building Permit No. B980274 for Belmont Homes property located at 4120 NE 14th Place File No. LUA98-107,AAD Dear Mr. Snell: This office has received correspondence that there may have been some changes in the application and permit. This office is not aware of how those changes may or may not affect your appeal. If this does change the status of the appeal,please contact this office and let us know. Sincerely, Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jim Hanson, Development Services Director Belmont Homes, Inc. 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2593 Ica_ a: CITY 1F RENTON Hearing ExaminerJesseTanner,Mayor Fred J.Kaufman July 27, 1998 Mr. William N. Snell 1111 Third Avenue, Suite 2220 Seattle, WA 98101-32078 Re: Appeal of Issuance of Building Permit No. B980274 for Belmont Homes propertylocatedat4120NE14thPlace File No. LUA98-107,AAD Dear Mr. Snell: In response to your request for a continuance of the hearing date on the above appeal,this office has now scheduled the same for Tuesday,October 6, 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. Sincerely, Fred J. Kaufmn Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jim Hanson, Development Services Director Belmont Homes, Inc. 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2593 This paper contains 50%recycled material,20%post consumer CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: August 25, 1998 TO: Fred Kaufman, Hea ' E ' er FROM: Jim Hanson SUBJECT: Appeal File No. UA98-107,AAD, Belmont Homes Belmont Homes filed a revised site plan for the property in question. A copy is attached for your reference. The revised plan locates the building outside the easement area in question. This new site plan has been approved by the City. Because of this new information,you may wish to review the appeal to determine if the issue remains appealable. JCH:ckg98-042 attachment cc:Mike&Susan Morris Zany Warren,City Attorney William Snell,P.S. R Ia G _ 9 k 4 t 1. 1, 1, : 1112-) 2/-.- c," 00. Li klor-A- i- i- LF_. 6,... s.,. pc- fo. 417noLt : 494.--- ...:tap--" I c.A, br--- - --== r- fic-- - In o w jd 1 4167 1J Y ! t 1 o{. yr a sr. 1--.. a2 t- F t I 12.___ sic-_* 4.. v... E__ Role-- l 7o 14 7 a ad- di kM- 1 A z I Qa or1. VDU s yJ W4c 1a GgA. 5 Y IA- 1 It' - ) Go 1N lOM . o 1_..• 1 _ t' 4( 0 ti... ty7- 5.% • . - VI , •••••,-... ss '. Z ti) ` K-' f o 0. 12LL. 11m. - voc- lefirilr N L L1 W - W 1 I Y LAW OFFICES OF WILLIAM N. SNELL A PROFESSIONAL SERVICE 206)386-7855 William N. Snell CORPORATION FAX (206)682 37461111THIRDAVENUE SUITE 2220 snellaw@msn.com SEATTLE,WASHINGTON 98101-3207 B U E. U CJ July 20, 1998 JUL 2 11998 EXAMINER Fred J. Kaufman Hearing Examiner City of Renton 200 Mill Avenue South Renton, WA 98055 Re: Appeal of Issuance of Building Permit No. B980274 File No. LUA98-107,AAD Dear Examiner Kaufman: I represent Mike and Susan Morris, the appellants in the above referenced case. You have scheduled a hearing for Tuesday, August 25, 1998 at 9:00 a.m. to hear the appeal. Mike Morris, who is a critical witness for the appellants, is not available on August 25, 1998 because he will be participating in an important work related matter on that date. On behalf of the appellants, I move for a continuance of the hearing date. I am available and Mr. Morris will be available on August 26 thru August 28, 1998. Very truly yours, illiam . Snell WNS:wns cc: Mike Morris C:My DOCUMENTSWIORRIS\HELET.72098.DOC CITA )F RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman June 30, 1998 Mr. William N. Snell 1111 Third Avenue, Suite 2220 Seattle, WA 98101-32078 Re: Appeal of Issuance of Building Permit No. B980274 for Belmont Homes property located at 4120 NE 14th Place File No. LUA98-107,AAD Dear Mr. Snell: Your Statement 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 25, 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, Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jim Hanson 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2593 This paper contains 50%recycled material,20%post consumer JUN-25-1998 17:00 BUKEY AND BENTLE`r' 206 682 3746 02/0Y I JUNL9 !98 2 CITY OF RENTON 3 HEARING EXAMINER 4 5 6 I BEFORE THE RENTON HEARING EXAMINER 7 APPEAL OF MIKE AND SUSAN 8 MORRIS RELATING TO BELMONT HOMES PROPERTY, 9 i STATEMENT OF APPEAL 10 11 On behalf to Mike and Susan Morris the decision of the Planning/Building/Public Works 12 ' Department to issue a building permit(no. for Lot 3 for the Belmont Homes' property at C it L2c of /y r"/P/.) 7+'.74 13 Union Place and 14th Street is hereby appealed. The decision to grant the permit was erroneous since 141 any structure on Lot 3 would be located within a 40 foot wide easement for road and sidewalks that 15I 16 benefits the property of Mike and Susan Morris. The Morisses own the property at 1446 Union Ave 17 NE that is located to the west of the Belmont Homes' property. A Deed and Agreement under King 18 Co. recording no. 5130'7 7 6 grants to the Morisses a 40 foot wide easement for a road and sidewalk I over the south 40 feet of tracts 2,3, and 4,which includes the area where Lot 3 is proposed to be 20 located. Attached is a copy of the Deed and Agreement and a map showing tracts 1 thru 4. Tract 1 is 21 22 owned by the Morrises The Deed and Agreement specifically provides in paragraphs 4, 5 and 6 that 23 an easement across said tracts is established for the benefit of tract 1. 241 As an adjacent property owner and the owner of an easement on Lot 3, the Morrises are 25 directly and adversely impacted by the proposal of Belemont Homes. It is the obligation of the City 26 LAW OFFICES OF STATEMENT OF APPEAL - I WJLLRAIvM N. SNELL CAM),Documents\Morns\Appeal to HL•.doc 1)11 THIRD AVE^IL'E CUITL 2210 SEAT-1LE,WASIHNGTON 96I01-32078 TEL(206)386.7855 JUN-25-1998 17:01 BLKEY AND BENTLEY 206 682 3746 P.03/07 to require Belmont Homes in the submittal of its application to show that it has ownership and 2 development rights on the property it is proposing to develop. Belmont Homes has failed in this 3 4 i regard, since the easement owned by the Morisses restricts development on the south 40 feet of Lot 3. 5 I The Department has made an erroneous decision in grunting the building permit for Lot 3 and such 6 permit should be revoked pending a determiantion of the right to develop on the south 40 feet of Lot 7 3. 8I DATED this26/ilay of June, 1998. 9 10 1 11 ' Respectfully submitted, 12 LAW OFFICES OF WILLIAM N. SNELL,P.S. 131 141 15 Williaan N. Snell Attorney for Mike and Susan Morris 16 17 18 19 20 21 22 23I 24'. 25I 26 my WOWS Q1. STATEMENT OF APPEAL -2 WtLLUAM N.SNBLL C:1My Documents\Monis'Appcal to HB.doc t t 11 THIRD AVENUE 51J2 E 2220 SEATT.E,WASIUNGTON ak101.32(TJ TEL(200 9$6-7855 I:\-•.V'4 a ,, t;.'i,; e. ---.1 ,—,4), 1,.3 NI. 1,; r', ,,-, sVti I;iiV o f + 1 r ` i t ii.oskAl \* qt 17„ r rrrr-dr•Or.. 4. h. se 11,4t 12w1,,,t vv • pr.t.•.> vwlwiy iJ,'s-0 Al , ?-/'/iY we 6 YL of f•s• •i.0-i r .err Aber rarwi /2'3 MalNYy " . • V. t Zit 0 fib. ,0 r 7 1ro M 1 6 ret t.4\ii• 1 NirC It 1)( 11,4., a% .\ kit ...r dI6yb, ofr 4k r PO/ .rI!•I' •r Al poor nr n 'I oar r+ .l.t r7 ^w ea nr)1' mow y/r'pi-/' 0/ QXCi Y Nrt1NJ' *LC 0/a iyY A /i••M•/ 9,0 •/I+/V n 1 w 7.) ',:i 111.1..Z.J . A t :4`.. 0 1 1.4' 4 NI. of VI 04 r 041 t4."--#w, 1/4 w *8 4t,', _ 7 sAitt.t% it.Q,t 4.. vs., a pflrw/T I N Q J r / 0 O ALL t . a of _..i t..— Oar 14J ` 1 fr7i46 a Cos."p/ 'ir.• w f `+ 0 c k o P14 e 0 d W• Lw... 1 +: iy~ ' u. jl e. Qom, h + + a i re IV g 0 4 s i s ,71i1 gttit• 4 y t.i Z A . •o Y a.,/ 7! Oho eu .`v. yot r t rat•• "... i; r z il-• n _ LO/VO'd 9PLE Z89 90Z A311N3H CNd A3WIH TO:LT 866I—S?—Nrlf JUN-25-1998 17:01 BUKE`r AND BENTLEY 206 682 3746 P.05i07 j+sow r.,H t DoryAVD ACREtt<tE,rl' E. DEED A.NI) ACttEEITEN•t'between VIOLET 0. ZURF`NS, hereinaftert called plaintlfi, and 1tE);RLtif we AN S'!. Rt1IiL':v , hereinafter called defendant. t.") W1tERl;t a„ action for divorar la pending between the partiew in iCattle \e. 540I71 in the Superior Court of t`tu State of Washington firs Kiaq 1County; yi W.rmRE"AS the parties have entered into a Property Settlement A•avree-meet veering even date. horntvith rNypoeinR of their property rights betweenthem; ri W111.'FREA5 the parties aro :he owners of reai ;,rnpvrty oituate in', ' Ring County, viauttinnon. described set That portion of the Southwest quarter of the Sovthwveg t quarter7.' of Section `t•.'uf.e i31 Township 23 North, Range $ F.aat, W,M., t . n King CouniY, Washington, deneribed as foUownt Fiegynnine et the Northwest corner of said nuuAtvinton;f: thence North 89•24'22":;tot along the North 'line there- of 272.37 feet, thence South 1.10121" Deal 302,UO feettothetrite7o;nt of beginning; thence South 1•:0'21's...: Nast 152.04 feet; thence South 89•34'23" West parallelJwiththeNorthlineofsaidsuhdiviaice340.U7 feet, morenrln9s, to the F.anteriy margin of 13Trtt!Aintilue South S' WV. :hrnce \Orth 1"23'!2"West along Void margin152.t)0 feet; thence ;forth 8P'24 e'2214 T;: t parell _with the ,North limn of said subeivisjOn to the trne point ofbeginttiog. WiLEEREfis the parties desire to divide *aid property between them inaccordancewithsaidagreementandit:outer to do+to have divided and do I hereby divide, for purposes thereof, raid prep,sly into tie foilowtng lots Ortreets, aan,clY- That portion of the soethwcat quarter eft l" quarter of snrtton 3, townehip 23 north, Yoath rvxt range 5 Caen„ W:d„Q Sam • •.., '• King County, Washington, riosCribed as fellows:14 Jam, T"„' . IteRinntng et the northrrogt eerier of raid eubdivisioe; v.y , . ` theneo north 1)9•24'22'east along the north line thereof 372.37tik !E? • feet; therm south i°10' " c 21 cast 5if.00 feet; thence south y. , i 8Ji'24'22"west parallel wit): the north lino of raid subdivisionh' -. ate ++ 340,37:tier,more ur lees, to tnQ easterlymargin t" rt,/ 1 AvnnuA Suutticant end the true point of beginningRin of i deof .eta des- cription; thence north 1"23'12"'moot along snid margin i52,(le 1 ..;'.:ti ) foot; thence north a9.24'e2" mist parttait:J.with the north line y,, of said subdivision 104 feet; thence Ieuth t•23'12" east parallel j' j, 7 to trio eat iluc of 132nd AvnnaA Sovthemet 152.04 feet, theneajsouthdf."2q'22"west 100 text to the true point of beginning;hereinafter called Tract 1. t That portion of iliu*suit ucet quarter of the Rout/tweet 3township 5rwuw•w•we.23 north, range , cant, W.M., i. quarter of;'ection i An.•n.,rLow in Kin; r.outtty, 'Nsnftlnq:on, deeerlbed as fnllowatiMot,.•I.WaW. r Deed a Agreement d«011JQl sheets 'Q 1 y r • r ', ram 206 682 3746 P.06/07 JUN-25-1998 17:02 BUKEY AND BENTLEY Jr r ly t. • t 1 J ratthrinr at the northwest -orner of said subdivision: f• t thence north 80.24'27"east along the north line tftoreof 372.37 t t 1 feet; thence *otitis l•l0'3l" east 334,00 fret; thanes south er24'22"west parallel with the north lin.or said 4ubdtviaton r' 240.37 feet, shore or less, to n point 100 toot.at of 132nd Avenue Southeast and to the true point of beginning of this dee- Y cripticn: thence north 1•23'I2"went along a:one 1C0 feet i 1 4. cast of Ind parallel to said 192nd Avenue Southeast 7.52.00 feet: utonce north 88'24'22" eat parallel to;.he north Line of said subdivision 00 reet; thence south 1•2.3'12" east parallel to the east line cf 133nd Avenue Southeast 132.00 feet: thence south 84'24'22"carat An feat to the true point or begldniftg; hereinafter called Tt•nrt 2. 1 . 1 sat pOr(ton of the southwest quarter of the eoutbWeot i quarter of section 3, township 23 north, range d eagt, W.M., I in KC;rtg Cnuaty, Waniithgton, described as :pi:ewe: ZBsGtnnang et the northwest corner of gale suoaivltion; t I.therm: north 89.24'22"oat Along the ;oral line Hereof 372.37 feet; thence south :";Ot21" caul 5$4,00 feet; ;henna south tl0.2q'22" west Parallel with tilt north line of said subdivision :CO.37 feet, more or loss, to a nnir.t 180 font east of 132nd Avenue $otttheaet 4 and the t:•ne point o:beginnings of this tjescriptton: thence north E9'I2" cast along a line :00 feet oast of and parallel to acid 132nd Arcnue Southt00t :52 feet: liCrce tnr.! !0.71t4:"coat t 1 pa-ulicl to the north line of said subdivision 80 feet; thence youth 1'23:2"vest parallel to the cut line of 132nd Avenue Southeast 1 a feet; thence south 82'24'32"west 80 feet to the true point of g otRinrun$; hereinafter called Tract 'S. That portion of the southwest quarter of tee southwest quarter of itctlon 3, township 33 north, tango S dint, W.M., iri King t County, Weahing'oa, described as fol!owa! Beginnor thwestofthe sorties of eeid subdivision; thertce north 8D"23'23" east along the north Lint thereof 378.37 feat; thence south 1'10,21' t east 382.00 (sot to the true point of begin i nines: thennC ao4t1$ :'10':l"oast 152.00 feet; thence south 80.24'22" wcdt parallel with the north line of said igutoctivuitart 00.37 feet, more or :use, to a point 230 feet easterly of the easterly margin of 137.nd Avenue Soutbenut: thence north 2•23t13"west parallel with said margin :82.00 feet; thence north 89'24'32"cast parallel With the north lino of said subdivisioq 30.04 feet to the true point f of beginning; hereinafter tailed Tract 4. HfiFhLAS oae:h of the parties neknowlet: . that a part of Tract 1 end a part of Tract 2 arc encumbered by aeparate mortgages held by Citizens µl' rederat Savings & Loan Aaeociation of Seattle and that Tract 3 Lis subject to n lasso; f t,` NOW, Tit&' 1rFClllli, in Cnneldcrntion of the rnutca:ender ekinga and promivea ir+ anld Property Settlement Agreement ouch :0 the other made it tt; t j is ngrnod!,otwCcn ltc partit et as followq; I. 'the Je lent lmereby convoys slid atilt clalnti to the plaintiff, aq her sole And ae,aratu property, tito aforceaid Tracts _ anti 3, and plaintiff P it'...1111r.,,e I ••e.errr a,"bM w.,.t,.w..w. Deed 1a Aarenrnent 2- t I I.I I JUN-25-1998 17:02 BUKEY AND BENTLEY 206 682 3746 P.07/07 Ott i 4. f hereby 9g9tin,os1 and agrees to pay and fulfill the rror+sapc upon er against apartofsaidTractI. 3. The plaintiff hereby conveys and quit Ci4:rtta to the defendant, as his properly. T•, sate and separatethe aforesaid TrstE9 2 end 4, and the defendant ICN. hereby assumes and a*revs to pay and fulfill the trortgage upon cr against a I.part of said Tract 2. e r L' 3. The plaintiff hereby grants and cnnvey9 to the defendant, an his sole1.t'and separate property. and hereby creates and establ'aho an eanerneot, :or it;made and/or sidewalks, dyer and tgon the anuth 40 feet of said Tract I. for I the benefit of said Tracts 2, 3, end 4, And tho l.cncfita and detriments of such eiaorttent shall be and beeotne a par;of and ruin with the title to each of saidtracts, 4. The defendant hereby grants and convoys ;o trio ptatntlfl, an her sale kandseparateproperly, and hereby creates end establishes an easement, 'nr 1 roads and/or sidewaUeit, over and upon the nOuth 40 feet of paid Tract 2. forthebenefitOfpaid 'Tracts, 1, 1, and 4, aad the benefits and detriments of each tii 'easement snail h an ti ac:a.d become. a part of and run with the aide to each of*Aid i 9. The piaintilf heresy eOnYoyn and grants to the defendant, or his poleandacpaiut.n property, and hereby monies and establishea an casement, fat 1 roads and/or sidewalks. over anti upon the zEeuth 40 feet of said Tract J, for the benefit of cold Tracts 1, 2, and 4, and the nene!i:a aed doer—menu of sucheaeetnstiteit*ll be afbccornu ,.. part of and run with the title to each of saidtracts.is I- d. 'me defendant hereby roaveya and ytrnnia to the plaintiff, as her Aoirandseparateproperty, and hereby a wales and establishes an easement, forroadsand/or sidewalks, over and upon the .south 40 font of Lels1 •[ is forthebenefitatsaidTracta_l. 2. and_a,atid the benefits of and detrttnen s of ouch 1.ease:neat snail be and become a part of and run with the title to each of Saidtracts. F, T. The cottve o.teea,lYgrantsandri6hietlorettLabevereadsprcreatedl slurp Convey any and all after acquired title of either party or the maritalcommunitycomposedoftheparttet. f DA'1'7sD this 10th clay at Tebruary, 1900. 1 : 7 f1_ ., . J - I / ../ _,,. I j. e. 24.444e/ 1 M}s14e.... weibt42144'i }LiRLAS k wwRww I ; w. Meerl wwR Deed $4 Agra It eri i .ti FEBt''''iipt INNIP, TOTAL P.07 DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-32109 C:06-26-1998 CASHIER ID : J 09:19:00 A:06-26-1998 5007 APPEALS & WAIVERS 75.00 000.000.00.345.81.00.000003 TOTAL DUE 75.00 RECEIVED FROM: MORRIS CHECK 75.00 TOTAL TENDERED 75.00 CHANGE DUE 0.00 DUPLICATE RECEIPT DUPLICATE RECEIPT