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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.
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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
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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
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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
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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-
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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.
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e. 24.444e/ 1
M}s14e.... weibt42144'i }LiRLAS
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Deed $4 Agra It
eri
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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