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LUA97-166
�: CIT.1 CIF .RENTO•N � z. City Clerk Marilyn -Petersen - Jesse Tanner,Mayor 3`n • _;; January 28, 1998 _ .. , . .. Terry and Gina Williams 2308 SE 19th Street = `::. Renton,WA 98055 : . Re ' Appeal of Administrative Variance for Carport2.Setback,File No.AAD-97-166.(Williams) ,...::::,.,..:-:::.....,...„-......,,... Dear Mr.`and Mrs. Williams: ..• :::. .,.'.::','...l.',....,:.At the regular.Councilmeeting of January_26,::.1998, the.Renton City Council concurred in"the:. :; , : - recommendation of the Planning and Development Committee:regarding the referenced appeal ', In its review,;the Committee did.not-find a substantial error•of fact or,law,.and recommended that, :°='•':_.:':_: the Council affirm the decisions-made by the Zoning Administrator'and the Hearing Examiner to: ,`..:,:•.`;=.. ,.:. `deny your,application•fora setback variance on your residential property::. ; • A copy'of the Planning"and Development Committee report is enclosed for your information. 'If ';.`.._ = you need additional information or assistance regarding this matter, please feel free to call. Sincerely, .. Maril terseri Cit Cle ric. - - - ner::`:; - - Jesse` -,n Ta Y d - - :' Croeuri cil Pr side nt Bob Edwars � •` ' ' �i: =: -,:-.' ' ment SevicesDivison = :, "PeterRosen D • : ::Fdkaufman•.H aririg Exarun : - '7.2 1 a'_ ` _ r J: F`: -s 1.t - - ir • C• .! rr.L:' a'tr f: �'.� r is, r: ;a1 :°" ti: •r • 4i • -. • `: u'200 Mill Avenue 1South`2Renton-'Washin ton.98055. 425 •235•-2501.:%FAX(425 235-2513., ':;,:.,..:` ::' z: 'Clad 'al 20%'"ost consumer.� This paper contains 50%Yecy material, p •. APPROVED BY CITY COUNCIL r " ' Date • PLANNING& DEVELOPMENT COMMITTEE COMMITTEE REPORT a& January.18; 1998 Williams Carport,File Number AAD-97-166 (Referred on January 12, 1998) The Planning and Development Committee met on January 13, 1998 to consider the appeal of Terry and Gina Williams regarding the denial of their application for a variance for . the location of a carport on their premises. The subject property is located at 2308 Southeast 19th Street. Terry and Gina Williams appealed the decision of the Hearing Examiner dated December 11, 1997. The original application sought a variance from the setback requirements for the location of a carport on the subject property. The Zoning Administrator had denied the request for a variance. The Hearing Examiner affirmed the decision of the Zoning Administrator. This appeal followed. The Committee did not find a substantial error of fact or law. The Committee recommends that the City Council affirm the decisions of the Zoning Administrator and, Hearing Examiner. dit L'AQ athy Keo r-Wheeler, Chair Tim Schlitzer, V'c Chair apart 020/60 Dan Clawson, Member •fit, ` Pa4 • RENTON CITY COUNCIL Regular Meeting January 26, 1998 Council Chambers Monday, 7:30 p.m. Municipal Building MINUTES CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. I ROLL CALL OF BOB EDWARDS, Council President; TONI NELSON; KATHY KEOLKER- COUNCILMEMBERS WHEELER; DAN CLAWSON; KING PARKER; TIMOTHY SCHLITZER; RANDY CORMAN. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE ZANETTA FONTES, Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; SAM CHASTAIN, Community Services Administrator; VICTORIA RUNKLE, Finance & Information Services Administrator; MICHAEL KATTERMANN, Director of Neighborhoods & Strategic Planning; JIM SHEPHERD, Facilities Director; LESLEY NISHIHIRA, Planning Technician; JANA HUERTER, Principal Planner; STEVE DENISON, System Analyst; JULIE BREWER, Publications Secretary; COMMANDER, DENNIS GERBER, Police Department. PRESS Elizabeth Parker, Renton Reporter APPROVAL OF MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL APPROVE COUNCIL MINUTES THE MINUTES OF JANUARY 12, 1998, AS PRESENTED. CARRIED. SPECIAL Steve Denison, System Analyst, explained that the creation of the City of PRESENTATION Renton's web site is being accomplished in three phases. The first phase ' Finance: City of Renton produced a rather conventional site design. The second phase, launched at the Web Site Update beginning of this month, has resulted in a site that is more interactive and user-friendly. The third phase will involve greater participation by City departments and additional interactive features. Julie Brewer, Publications Secretary, demonstrated the main options contained on the web site's home page, as follows: Search, Spotlight, Site Index, Mayor, City Council, Departments, Employment, Download and Comments. Responding to Councilman Parker, Ms. Brewer said eventually, all departments will assume responsibility for updating the information contained on their respective pages. Mr. Parker noted that some jurisdictions promote points of interest or tourist attractions in their web sites. Chief Administrative Officer Jay Covington replied that the Renton Chamber of Commerce is working on a site that will include this type of information. The municipal web site could then be linked to the chamber's site for the convenience of those seeking such information. Councilman Corman suggested that the City's web site address be included on its printed stationery. The address could also be advertised via "CitySource," Renton's monthly newsletter to its citizens. APPEAL Terry and Gina Williams appealed the Hearing Examiner's decision denying Appeal: Carport Setback the appeal from an administrative decision regarding a request for a carport Variance Request, 2308 setback variance at 2308 SE 19th St. (AAD-97-166). SE 19th St, Williams (AAD-97-166) • January 26, 1998 Renton City Council Minutes Page 26 Planning & Development Planning & Development Committee Chair Keolker-Wheeler presented a Committee report regarding the appeal of Terry and Gina Williams regarding the denial Appeal: Carport Setback of their application for a variance for the location of a carport on their Variance Request, 2308 premises. The subject property is located at 2308 SE 19th St. Terry and-Gina SE 19th St, Williams Williams appealed the decision of the Hearing Examiner dated December 11, ' (AAD-97-166) 1997. The original application sought a variance from the setback requirements for the location of a carport on the subject property. The Zoning Administrator had denied the request for a variance. The Hearing Examiner affirmed the decision of the Zoning Administrator. This appeal followed. The Committee did not find a substantial error of fact or law. The Committee therefore recommended that the City Council affirm the decisions of the Zoning Administrator and the Hearing Examiner. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER,, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ' PUBLIC HEARINGS This being the date set and proper notices having, been posted and published Development Services: in accordance with local and State laws, Mayor Tanner opened the public Construction Mitigation hearing to consider the proposal to add construction mitigation measures to the Measures (Formerly Development Standards Codes. SEPA) Lesley Nishihira, Planning Technician, explained that the proposal would codify State Environmental Policy Act (SEPA) mitigation measures that are regularly imposed on land use projects. The changes are expected to reduce the number of mitigations placed on projects while ensuring a more efficient and consistent level of project review. Applicants would benefit significantly by having more information about required development standards earlier in the process, and thus greater predictability on their projects. Continuing, Ms. Nishihira said the changes affect various standards, including permitted work hours, haul routes, temporary erosion control, refuse requirements and associated screening detail plans, and final wetlands mitigation plans. Audience comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 32 for Planning & Development Committee report on this subject.) Development Services: This being the date set and proper notices having been posted and published Temporary Dwellings for in accordance with local and State laws, Mayor Tanner opened the public Medical Hardships hearing to consider the proposal to allow recreational vehicles in residential areas as temporary dwellings in cases of medical hardship. Jana Huerter, Principal Planner, explained that Renton currently allows manufactured homes to serve as temporary dwellings in cases of medical hardship, and the proposal is to expand this permission to include park trailers and recreational vehicles. The dwellings would have to meet certain requirements, including hooking up to sanitary sewer, water and power,, and comply with, development standards in each zone. They would be allowed in certain residential zones only. Responding to Councilman Corman, Ms. Huerter said the dwellings would be required to have smoke detectors. Audience comment was invited. APPROVED BY -, • - CITY COUNCIL Date /- _ 91( PLANNING&DEVELOPMENT COMMITTEE COMMITTEE REPORT January 19, 1998 Williams Carport,File Number AAD-97-166 (Referred on January 12; 1998) The Planning and Development Committee met on January 13, 1998 to consider the appeal of Terry and Gina Williams regarding the denial of their application for a variance for . the location of a carport on their premises. The subject property is located at 2308 Southeast 19th Street. Terry and Gina Williams appealed the decision of the Hearing Examiner dated December 11, 1997. The original application sought a variance from the setback requirements for the location of a carport on the subject property. The Zoning Administrator had denied the request for a variance. The Hearing Examiner affirmed the decision of the Zoning Administrator. This appeal followed. The Committee did not find a substantial error of fact or law. The Committee recommends that the City Council affirm the decisions of the Zoning Administrator and, Hearing Examiner. /� o- 4 CC)ka Q athy Keo r-Wheeler, Chair Tim Schlitzer, V'c Chair (Dan 040/6a,e'f- Dan Clawson,Member 4 January 12, 1998 Renton City Council Minutes Page 15 Appeal: Carport Setback City Clerk submitted appeal of Hearing Examiner's decision denying the Variance Request, 2308 appeal from an administrative decision regarding a request for a carport SE 19th St, setback variance at 2308 SE 19th St.; appeal filed on 12/29/97 by Terry and Williams/AAD-97-166 Gina Williams (AAD-97-166). Refer to Planning & Development Committee. Court Case: 98-0 1, Franz Court Case filed by Scott J. Terry, 400 W. Gowe, Kent, 98032, representing v Renton Eve Franz, claiming damages in an undetermined amount for injuries sustained on 1/04/95 when plaintiff fell near the Renton Senior Activity Center, allegedly due to an uneven walkway. Refer to City Attorney and Insurance Services. Development Services: Development Services Division submitted proposed amendments to the Sign Sign Code Amendments Code to allow larger freestanding signs for auto dealerships located in the (Automall Freestanding Automall, and to permit electronic message board signs in commercial and Signs, Electronic Msg industrial zones. Refer to Planning & Development Committee; set public Boards) hearing for February 2, 1998, to take testimony on the proposed changes. Rezone: Liberty Park, Hearing Examiner recommended approval of City-sponsored rezone of Liberty from P-1 to CA, R-97- Park from P-1 (Public Use) to Arterial Commercial (CA), File No. R-97-113. 113 Council concur. (See page 18 for ordinance.) Rezone: Cedar River Trail Hearing Examiner recommended approval of City-sponsored rezone of Cedar Park, from P-1 to IH, R- River Trail Park from P-1 (Public Use) to Heavy Industrial (IH), File No. R- 97-114 97-114. Council concur. (See page 18 for ordinance.) Rezone: King County Hearing Examiner recommended approval of City-sponsored rezone of the Drainage Channel King County Drainage Channel located north of Monster Rd. SW, on the (Monster Rd) from P-1 to north side of the channel drainage pond, from P-1 (Public Use) to Resource RC, R-97-116 Conservation (RC), File No. R-97-116. Council concur. (See page 18 for ordinance.) Rezone: Wash St Drainage Hearing Examiner recommended approval of City-sponsored rezone of the Channel (Monster Rd) Washington State Drainage Channel located at approximately 556 Monster from P-1 to RC, R-97- Road SW from P-i (Public Use) to Resource Conservation (RC), File No. R- 117 97-117. Council concur. (See page 19 for ordinance.) Added Item Community Services Department recommended that a limited hydroplane race Parks: Hydroplane Race at be held at Gene Coulon Memorial Beach Park on April 25 and 26, 1998, Gene Coulon Park under the sanction of the American Power Boat Association. Refer to Community Services Committee. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO INCLUDE ADDED ITEM 7.i. CARRIED. OLD BUSINESS Council President Edwards presented a Committee of the Whole report Committee of the Whole recommending that Council authorize the following issues as the City of Council: 1998 Legislative Renton's 1998 legislative priorities: Issues State and Local Transportation Funding. Support a comprehensive revenue package that recognizes the need for a long-term sustainable transportation revenue stream. Support an increase in the state gas tax and seek approval of new transportation revenue sources. Support existing formulas and increases in the dedicated distribution of gas tax revenue to cities, counties, transit, and the Transportation - Improvement Board. CITY OF RENTON COUNCIL AGENDA BILL Al#: 1.6 . SUBMITTING DATA: FOR AGENDA OF: 1/12/98 Dept/Div/Board City Clerk Staff Contact Marilyn Petersen AGENDA STATUS: Consent XX SUBJECT: Public Hearing Appeal of Hearing Examiner's Decision; Correspondence... Williams' Carport; Ordinance File No.AAD-97-166 Resolution Old Business EXHIBITS: New Business A. City Clerk's letter Study Session B. Appeal(12/29/97) Other C. Hearing Examiner's Report&Decision(9/2/97) RECOMMENDED ACTION: APPROVALS: Refer to Planning and Development Committee on 1/13/98. Legal Dept • Finance Dept Other FISCAL IMPACT: N/A Expenditure Required Transfer/Amendment.... Amount Budgeted Revenue Generated SUMMARY OF ACTION: Appeal filed by Terry Williams,accompanied by required fee received on 12/29/97. CITX OF RENTON . i • City Clerk Jesse Tanner,Mayor Marilyn J.Petersen • January 5, 1998 APPEAL FILED BY: Terry and Gina Williams RE: Appeal of Hearing Examiner's Decision Regarding Williams' Carport, File No. AAD-97-166 . To Parties of Record: Pursuant to Title IV, Chapter 8,Renton City Code of Ordinances, Terry and Gina Williams have appealed the Hearing Examiner's decision regarding their request for a carport setback variance. The requested variance was originally denied via an • administrative decision, which the Williams appealed to the Hearing Examiner. • In accordance with Renton Municipal Code Section 4-8-16.B., within five days of receipt of the notice of appeal,the City Clerk shall notify all parties of record of f the receipt of the appeal. . NOTICE IS HEREBY GIVEN that the written appeals and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 3:30 p.m. on January 13, 1998 in the 2nd floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South,Renton,98055. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached is a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at . the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please feel free to call. Sincerely, I4 Mari yn J.d r's en, CMC City Clerk • • Attachment 200 Mill Avenue South-Renton, Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,20%post consumer ' APPEAL HEARING EXAMINER WRITTEN APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATION TO 1 ENTON CITY COUNCIL. FILE NO. AAL>- qb(0 APPLICATION NAME: try (�✓!G L.'�/24. S Tlie undersigned interested party herby files its Notice of Appeal from the decision or recommendation of the Land Use Haring Examiner, dated 1 L/25 19 ? 7 . 1. IDENTIFICATION OF PARTY APPELLANT: REPRES,NNTATIVE(IF ANY): Name: ✓vy LI'C,L/ S Name: P u 6 tr Address: 7-3 or S i Address: I(-H•tvvl (A/ " ¢I S Telephone No. L ?.S - 2-7 f_ Le 7 G y Telephone No. CITY OF RFNTnN 2. SPECIFICATION OF ERRORS (Attach additional sheets,if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: DEC 2 .9 1997 FINDING OF FACT: (Please designate number as denoted in the Examiner's report) RECEIVED No. Error: ITY CLERK'S OFFICE Correction: CONCLUSIONS: No. Error: Correction: OTHER: No. Error: Correction: • 3. SUMMARY OF ACTION REQUESTED: The City Council is requested to grant the following relief: (Attach explanation,if desired) . Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: - Remand to the Examiner for further consideration as follows: . . Other . • A p an epresentative Signature Date NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code,and Section 4-8-16,for specific procedures. ., heappeal.doc • Terry & Gina Williams 2308 SE 19th ST Renton WA 98055 December 29, 1997 To Whom It May Concern: We Terry and Gina Williams are appealing the decision made by the Hearing Examiner denying the approval of a variance within the 5-foot side yard setback. We feel that the Hearing Examiner abused discretion not allowing the variance for the carport that is one foot away from the side yard property line, when pictures of other residents in the neighborhood have structures built up to or on the side yard property line. By granting the variance for the carport,would not in anyway or potentially be setting precedence in • our neighborhood when other residents currently has the same structures built. Other locations were heavily considered before construction commenced,but none were feasible except for its current location. When measuring the location and realistically thinking where the City Of Renton says that the carport could possibly be built does not work for two reasons. First, from the rear property line to the rear of the house is 25 feet. Any structure built has to be 6 feet from the principal residence. This leaves only 19 feet available to build a structure when 20 feet is need to serve its purpose. The 20 feet is the same length of our garage. Also required is a 3-foot set back or a 1-hour firewall. If a 3- foot set back is required from the rear yard, this deducts even more space off the 19 feet leaving a remainder of 16 feet or less. This still doesn't allow 20 feet for a carport. If a 3- foot set back is required from the side yard, this will not allow a safe entry to the carport. Due to the fact that maneuvering a sport utility vehicle and a trailer would be a hazard of hitting the house and possibly driving off a 3-foot edge damaging vehicles and homes. If the carport was built with a one-hour firewall, this still doesn't allow enough space to store a boat or a suburban, which would be the purpose of the carport. Second, if the carport were to be built in the back yard, a very fruit bearing cherry tree would be destroyed. Also the back yard has an incline, which forms a valley to help guild rain water from my upper neighbor's house and mine to proper drain areas so water doesn't collect in my back yard and flood. There is also an under ground drainage system located in this area to assist the drain system. Having to make changes to the back yard would require having to reconstruct a system and a land lay out to have the water drain properly. If proper inspection would have been done correctly, this over site would have been recognized and the approval of a variance would have been granted. All residence which have similar or exact structures, do not show any record of a variance or a permit granted according to City of Renton records. If an approval is not granted, all previously mentioned structures would need to be destroyed as well since, they are violating the same city codes as we are. Sincerely gL. ‘ke:54 • Terry Williams Gina Williams �`. CITE DF RENTON City Clerk, Jesse Tanner,Mayor Marilyn J.Petersen • January 5, 1998 ' APPEAL FILED BY: Terry and Gina Williams RE: Appeal of Hearing Examiner's Decision Regarding Williams' Carport, File No. AAD-97-166 To Parties of Record:- Pursuant to Title IV,Chapter 8,Renton City Code of Ordinances, Terry and Gina ' : Williams have appealed the Hearing-Examiner's decision-regarding their request for a carport setback variance. The requested'variance was originally denied via an - administrative decision, which the Williams appealed to the Hearing Examiner: • In accordance with Renton_Municipal`Code Section-4-8-16.B., within five days of receipt , of-the'notice of appeal,the City Clerk shall notify all-parties of record of the receipt of the " appeal. NOTICE IS HEREBY GIVEN that the written appeals and other ertinent-documents - will be reviewed by the Council's Planning and Development Committee at 3:30.p.m. on January 13, 1998 in the 2nd floor Council Chambers of the Renton Municipal Building, { 200 Mill Avenue South, Renton, 98055. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council"meeting. , Attached is a copy of the.Renton Municipal Code regarding appeals of'IIearing Examiner decisions or recommendations: `Please'note that the City.Council will be considering the . merits of the:appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City.Council. For additional information or assistance, please feel free to call. Sincerely,. . Mari yn`J.l' 4 en, CMC. City Clerk Attachment ; 1 200 Mill Avenue South,-,Renton, Washington 98055'- (206)235-2501 • ®This paper contains 50%recycled material,20%post consumer APPEAL HEARING EXAMINER WRITTEN APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATION TO RENTON CITY COUNCIL. FILENO. Aflb— 16l APPLICATION NAME: IL L.' .irct. ,S The undersigned interested party herby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner,dated l L/2-5 19 ? ? . 1. IDENTIFICATION OF PARTY APPELLANT: REPRES,JNTATIVE(IF ANY): Name: (•,J1 rC.L/ orta.S Name: ICJ '-v 10( 6 c-" Address: 7--3 Or S r Address: I(r- ' (A1/1— g s S Telephone No. '-12,5 - 2-7/— k 7 G Y Telephone No. CITY OP RFNTON 2.' SPECIFICATION OF ERRORS (Attach additional sheets,if necessary) • Set forth below are the specific errors or law or fact upon which this appeal is based: DEC 2 9 1997 I FINDING OF FACT: (Please designate number as denoted in the Examiner's report) RECEIVED No. Error: �1TY CLERK'S()FRCP �-� /f7lc Correction: CONCLUSIONS: No. Error: Correction: OTHER: No. Error: Correction: • 3. SUMMARY OF ACTION REQUESTED: The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief:. Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other / • l 2/ZS/9 7 App an epresentative Signature Date ( NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code,and Section 4-8-16,for specific procedures. heappeal.doc City of Renton City Code Title IV-Building Chapter 8 -Hearing Examiner Section 16 -Appeal 4-8-16: APPEAL: Unless an ordinance providing for review of decision of the Examiner requires review thereof by the Superior Court,any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Clerk upon a form furnished by the City Clerk,within fourteen(14)calendar days from the date of the Examiner's written report. The notice o appeal shall be accompanied by a fee in accordance with the fee schedule of the City. (Ord. 3658, 9-13-82) • A. The written notice of appeal shall fully,clearly and thoroughly specify the substantial error(s)in fact or law which in the 1 record of the proceedings from which the appellant seeks relief. Facsimile filing of a notice of appeal is authorized pursuant to the conditions detailed in Renton City Code Section 4-8-11C. (Ord. 4353, 6-1-92). B. Within five(5)days of receipt of the notice of appeal,the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters in support of their positions within ten(10)days of the dates of mailing of the notification of the filing of the notice of appeal. members i Council all of thepertinent documents, includingthe written C. Thereupon the Clerk shall forward to the oftheCity decision or recommendation, findings and conclusions contained in the Examiner's report,the notice of appeal,and additional letters submitted by the parties. (Ord. 3658, 9-13-82) D. No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required,the Council may remand the matter to the Examiner for reconsideration. The cost of transcription of the hearing record shall be borne by the appellant. In the absence of any entry upon the record of an order by the City Council authorizing new or additional evidence or testimony,it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-93) E. The consideration by the City Council shall be based solely upon the record,the Hearing Examiner's report,the notice of appeal and additional submissions by parties. • F. If,upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to Section 4-8-10A and after examination of the record,the Council determines that a substantial error in fact or law exists in the record,it may remand , the proceeding to Examiner for reconsideration,or modify,or reverse the decision of the Examiner accordingly. G. If,upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to Section 4-8-10B or C,and after examination of the record,the Council determines that a substantial error in fact or law exists in the record,for that a recommendation of the Hearing Examiner should be disregarded or modified,the City Council may remand the proceeding to the Examiner for reconsideration,or enter its own decision upon the application pursuant to Section 4-8-1OB br C. H. In any event,the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord. 3658, 9-13-82) heappeal.doc Terry& Gina Williams s 2308 SE 19th ST Renton WA 98055 December 29, 1997 To Whom It May Concern: We Terry and Gina Williams are appealing the decision made by the Hearing Examiner denying the approval of a variance within the 5-foot side yard setback. We feel that the Hearing Examiner abused discretion not allowing the variance for the carport that is one foot away from the side yard property line, when pictures of other residents in the neighborhood have structures built up to or on the side yard property line. By granting the variance for the carport,would not in anyway or potentially be setting precedence in our neighborhood when other residents currently has the same structures built. Other locations were heavily considered before construction commenced, but none were feasible except for its current location. When measuring the location and realistically thinking where the City Of Renton says that the carport could possibly be built does not work for two reasons. First, from the rear property line to the rear of the house is 25 feet. Any structure built has to be 6 feet from the principal residence. This leaves only 19 feet available to build a structure when 20 feet is need to serve its purpose. The 20 feet is the same length of our garage. Also required is a 3-foot set back or a 1-hour firewall. If a 3- foot set back is required from the rear yard, this deducts even more space off the 19 feet leaving a remainder of 16 feet or less. This still doesn't allow 20 feet for a carport. If a 3- foot set back is required from the side yard,this will not allow a safe entry to the carport. Due to the fact that maneuvering a sport utility vehicle and a trailer would be a hazard of hitting the house and possibly driving off a 3-foot edge damaging vehicles and homes. .If the carport was built with a one-hour firewall,this still doesn't allow enough space to store a boat or a suburban, which would be the purpose of the carport. Second, if the carport were to be built in the back yard, a very fruit bearing cherry tree would be destroyed. Also the back yard has an incline, which forms a valley to help guild rain water from my upper neighbor's house and mine to proper drain areas so water doesn't collect in my back yard and flood. There is also an under ground drainage system located in this area to assist the drain system. Having to make changes to the back yard would require having to reconstruct a system and a land lay out to have the water drain properly. If proper inspection would have been done correctly, this over site would have been recognized and the approval of a variance would have been granted. All residence which have similar or exact structures, do not show any record of a variance or a permit granted according to City of Renton records. If an approval is not granted, all previously mentioned structures would need to be destroyed as well since,they are violating the same city codes as we are. Sincerely ‘ae:5(;) Terry Williams Gina Williams January 5, 1998 CERTIFICATE OF MAILING STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) MARILYN J. PETERSEN, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 5th day of January, 1998, at the hour of 5:00 p.m your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, notice of appeal of Hearing Examiner's decision filed by Terry Williams (File No. AAD-97-166). Marilyn J. rsen, CMC, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 5th day of January 1998. Brenda Fritsvold Notary Public in and for the State of Washington, residing in ��GCq-ste--62 �- stl Terry and Gina Williams 2308 SE 19th Street Renton, WA 98055 Peter Rosen Development Services James A. Smyth Secretary, Rolling Hills Homeowners Association PO Box 656 Renton, WA 98057 �A¢ /111 CITY OF REHTOH CITY TREASURER CASHIERTID. : HR05:366pm A:12-30-1997 5007 APPEALS & WAIVERS $75.00 000.000.00.345.81.00.000003 TOTAL DUE $75.00 RECEIVED FROM: WILLIAMS. TERRY CHECK $75.00 TOTAL TENDERED $75.00 CHANGE DUE $0.00 440 CITY OF RENTON NAL HEARING EXAMINER MEMORANDUM Date: December 11, 1997 To: Larry Meckling, Building Official From: Fred Kaufman ! Re: Williams Carport Appeal LUA97-166,AAD The hearing on the above administrative appeal was held on December 2, 1997. During the hearing photographs were entered which showed several houses in the Rolling Hills neighborhood with structures located within the five foot sideyard setback. The appellant questioned whether they had received variances, and if so, why did he not receive one. Could you please investigate the matter to see whether these structures have received variances or possibly complied with earlier versions of the code. The photographs are available in our office along with a map which was submitted. The addresses given on the photographs are: 2030 Aberdeen Avenue SE 2416 SE 19th Street 2012 Lincoln Circle SE 2405 SE 21st Street 2213 Aberdeen Court SE 1921 Edmonds Drive SE AFFIDAVIT OF PUBLICATION Kristina Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of the NOTICE OF APPEAL HEARING SOUTH COUNTY JOURNAL RENTON HEARING EXAMINER RENTON,WASHINGTON 600 S. Washington Avenue, Kent, Washington 98032 An Appeal Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the a daily newspaper published seven (7) times a week. Said newspaper is a legal second floor of City Hall, Renton, newspaper of general publication and is now and has been for more than six months Washington, on December 2, 1997 at 9:00 prior to the date ofpublication, referred to, printed andpublished in the English language AM to consider theADMIN. following petitions: gAPPEAL OF ADMIN. CONDITIONAL continually as a daily newspaper in Kent, King County, Washington. The South County USE PERMIT FOR WESTERN WIRELESS Journal has been approved as a legal newspaper by order of the Superior Court of the AAD 97-149 Appellant, Seelig Family Properties, State of Washington for King County. appeals issuance of a conditional use per- The notice in the exact form attached, was published in the South County mit by the City of Renton for Western Journal (and not in supplemental form)which was regularly distributed to the subscribers Wireless telecommunications monopole project (File No. LUA-97-092,CU-A). during the below stated period. The annexed notice, a Western Wireless proposes installation of a 85-foot high telecommunications monopole mounted with a total of 12 panel antennas Notice of Appeal Hearing mounted at the top of the monopole. Overall height would be 100 ft from the as published on: 11/21/97 ground surface. Location: 1755 NE 48th St. APPEAL OF ADMIN. VARIANCE FOR The full amount of the fee charged for said foregoing publication is the sum of $56.15 WILLIAMS CARPORT Legal Number 3912 AAD-97-166 Applicant is appealing the City of Renton's decision not to grant an adminis- trative variance for this project (File No. LUA-97-144,V).The proposal is to allow a carport within the required 5 foot side yard L gal Clerk, outh County Journal setback. The carport, which has already been constructed, is setback one foot from (( r the northwest property line.Location:2308 �( day of /U Y 19 �"7 i SE 19th St. Subscribed and sworn before me on this _ y Legal descriptions of the properties not- ed above are on file in the Hearing Examiner's office, first floor, Municipal r l-, Building, Renton.All interested persons to 1/— f said petitions are invited to be present at c ```NNN�c.�e� •F . FFb' '', Notary Public of the State of Washington the Publliish d nt Hearing. South County Journal `_, \,, ••_•xssloN ja. e�., November 21, 1997.3912 �:•:� �q•• % residing in Renton h ;4` • e' iao7Arly ��'- �,.. King County, Washington •—©— `tre LAG p•: -,, : ?.6.. 2Q.(,'S % 0,1; Ii►►►iiiit.tt' AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ) ss. County of King ) MARILYN MOSES , being first duly sworn, upon oath, deposes and states: That on the 11th day of December ,1997, affiant deposited in the mail of the United States a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: SUBSCRIBED AND SWORN to before me this // day of , 1997. //)ttC/A•e-/i-f Notary Public i and for the State of Washington, residing at , therein. Application, Petition, or Case No.: Williams Carport Appeal LUA97-166,AAD The Decision or Recommendation contains a complete list of the Parties of Record. vRS (dory- 1—, 03 " HEARING EXAMINER'S REPORT December 11, 1997 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Terry and Gina Williams Appeal of Administrative Variance File No.: LUA97-166,AAD LOCATION: 2308 SE 19th Street SUMMARY OF APPEAL: Appeal of decision denying administrative variance regarding carport setback. PUBLIC HEARING: After reviewing the Appellant's written request for a hearing and examining the available information on file,the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the December 2, 1997 hearing. The official record is recorded on tape. The hearing opened on Tuesday, December 2, 1997,at 9:03 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the appeal, Exhibit Nos.2-8: Photographs of neighboring proof of posting and publication, and other houses documentation pertinent to the appeal. Exhibit Nos. 9-15 Photographs of appellants' house Exhibit No. 16: Map of Rolling Hills Parties present: Terry Williams and Gina Williams,Appellants 2308 SE 19th Street Renton, WA 98055 Peter Rosen, Representing City of Renton Development Services Division 200 Mill Avenue South Renton, WA 98055 The Examiner explained that the hearing was an administrative appeal held pursuant to Ordinances 3060, 3071 and 3809, and was the only administrative review to occur on the matter. The matter may be submitted back to the Examiner for reconsideration if the parties are not satisfied with the decision. He stated that the appellant Terry and Gina Williams Appeal of AdministrativeVariance File No.: LUA97-166,AAD December 11, 1997 Page 2 has the burden of demonstrating that the City's action was erroneous, and would have to show clear and convincing evidence that the City's determination was incorrect. The appellants are appealing the City of Renton's determination not to grant an administrative variance for a proposal to allow a carport within the required 5 foot sideyard setback. The carport which has been constructed is set back one foot from the northwest property line. Terry Williams explained that they were not made aware of the required 5 foot sideyard setback by their project manager. When talking to their contractor, Quality Home Improvements,they asked several times if a permit was needed to build a carport and were told that no permit was needed because the carport is not an enclosed structure. They submitted a letter of intent to build to Rolling Hills Village Homeowners Association but did not receive a response within 30 days and proceeded to build. They would not be setting a precedent because there are other houses in the neighborhood with attached structures already built along their property. The Examiner explained that the City is not bound by covenants, but was concerned with violation of City setback requirements. The City could grant a variance but they may not be able to build if the homeowners association covenants are violated. Mr. Williams stated that Rollings Hills continues to be one of Renton's most desired neighborhoods to live in and it is not their intention to change this. Several different locations to build this carport were discussed before deciding on its current location. The carport is 10 feet by 20 feet and is for their boat and trailer. For various reasons given such as access,drainage and topography,no other location was feasible. The approval would be the minimum variance necessary to accomplish their purpose. They are willing to construct a solid one-hour fire wall along the northwest wall of the carport in order to comply with the Uniform Building Code, as well as whatever else may be necessary to retain the carport in its present location. He concluded by asking for reversal of the decision set forth by the City. Gina Williams submitted a map showing the location of the other houses in relationship to theirs, all of which contained structures within the 5 foot sideyard setback. Mr. Williams added that they had talked to the adjacent neighbors,asking them if they had any objections to the carport and none of them had any objections. Mr. Rosen stated that the side yard setback is 5 feet;however, if it was constructed in the rear yard there is no side yard or rear yard setback requirement from the property lines. If it was located between the rear property line and the rear of the house and the minimum of 6 feet from the principal residence, it could be located adjacent to the side yard-rear yard property line which is probably the only alternative in terms of meeting code requirements without approval of a variance. They would still be subject to the building code requirement which is either a 3 foot setback from the property line or one hour firewall separation. That could also be accomplished by having an easement restricting building on the adjacent lot. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 9:27 a.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: Terry and Gina Williams Appeal of AdministrativeVariance File No.:LUA97-166,AAD December 11, 1997 Page 3 FINDINGS: 1. Terry and Gina Williams,hereinafter appellants,filed an appeal of an administrative determination denying an Administrative Variance(File LUA-97-144). 2. The appellant owns a single family home at 2308 SE 19th Street in the City of Renton. The home is located in the Rolling Hills neighborhood. 3. The appellant has already constructed a carport in what appears to be the north or west sideyard. 4. Since the structure is located within the required five(5)foot sideyard setback,the City determined that a variance would be required to maintain the structure. 5. The appellant applied for the variance. It was subject to administrative review. The variance was denied and the appellant filed a timely appeal. 6. The appellant submitted evidence that similar structures are located on a number of single family lots in his neighborhood. 7. The record does not indicate if variances were approved for any of these structures. 8. , Staff noted that there appears to be room on the subject site for the carport in a location that does not require a variance,or that in any event the appellant has reasonable use of the subject site. 9. The appellant noted some characteristics which interfere with potential development in the rear yard. There is some topographical relief in the rear yard, and a drainage feature and a deck in the side yard which could block access. Staff noted that there were no unreasonable topographical constraints and the placement of a deck is a self-imposed hardship. The Zoning Administrator noted that the lot is very similar to others in the area and suffers no significant difference from those other lots. The approval of the variance,the Administrator notes,would create a precedence potentially eliminating the normal sideyard requirements found in the code and protecting the privacy and fire safety of neighboring properties. 10. There have been a number of changes to the Zoning Code since this site was developed. The record does not have sufficient information to determine whether the other properties mentioned during the appeal complied with earlier code. 11. The subject site is governed by covenants of the Rolling Hills Homeowners Association. While development on the site may be restricted by those covenants,they are not necessarily binding on the City but are subject to the private legal actions of the parties. CONCLUSIONS: 1. The appellant has the burden of demonstrating that the decision of the Zoning Administrator was either in error,or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4-3011(B)(1)(b). The appellant has failed to demonstrate that the action of the Administrator should be modified or reversed. The decision of the Administrator is affirmed. Terry and Gina Williams Appeal of AdministrativeVariance File No.: LUA97-166,AAD December 11, 1997 Page 4 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision,when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious(Northern Pacific Transport Co.v Washington Utilities and Transportation Commission. 69 Wn.2d 472,478(1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it,the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255,259(1969). 4. The appellant has failed to demonstrate that the decision was founded upon anything but a fair review of the variance criteria as they pertain to the proposed carport. The appellant has failed to demonstrate with cogent evidence that a mistake was made. 5. It appears that there is only minor topographical changes in the rear portions of the site. Appropriate and not unreasonable engineering could be utilized to design a carport that worked in the rear yard. In addition,the applicant has reasonable use of the subject site with a single family residence with a two- car garage. It appears that the Zoning Administrator took this information into account when making the decision. 6. While it appears that other properties have intrusions in their side yards,there is nothing in the record to demonstrate whether these properties received variances based on actual demonstrated unique site characteristics,true undue hardships or in fact are improper and therefore, illegal additions done without permits like the current addition under consideration in this case. In any event,for a variance the specific conditions of the subject site are at issue and the site does not appear to suffer any conditions warranting variance relief. 7. Since the burden of demonstrating error is on the appellant,this office can only reach the conclusion that the Administrator made the correct determination. The decision below must be affirmed. 8. At the same time,the City should investigate the other properties to determine whether the intrusions noted by the appellant are appropriate. DECISION: The appeal is denied. ORDERED THIS 11th day of December, 1997. FRED J.KAUF HEARING E R TRANSMITTED THIS 11th day of December, 1997 to the parties of record: Terry and Gina Williams Peter Rosen 2308 SE 19th Street 200 Mill Avenue S Renton,WA 98055 Renton,WA 98055 Terry and Gina Williams Appeal of AdministrativeVariance File No.:LUA97-166,AAD December 11, 1997 Page 5 TRANSMITTED THIS 11th day of December, 1997 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV, Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m..December 26. 1997. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact, error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. 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U.[LQ.t�f� ......... ......... mi ....................................... . • PROJECT NAME: • APPEAL Western Wirelss at Shurgard PROJECT NUMBER: AAD-97-149 (LUA-97-092,CU-A) DESCRIPTION: Appellant, Seelig Family Properties, appeals issuance of a conditional use permit by the City of Renton for Western Wireless telecommunications monopole project (File No. LUA- 97-092,CU-A). Western Wireless proposes installation of a 85-foot high telecommunications monopole mounted with a total of 12 panel antennas mounted at the top of the monopole. Overall height would be 100 ft from the ground surface. Location: 1755 NE 48th St. PROJECT NAME: APPEAL Williams Carport Variance PROJECT NUMBER: MD-97-166 (LUA-97-144,V) DESCRIPTION: Applicant is appealing the City of Renton's decision not to grant an administrative variance for this project (File No. LUA-97-144,V). The proposal is to allow a carport within the required 5 foot side yard setback. The carport,which has already been constructed, is setback one foot from the northwest property line. Location: 2308 SE 19th Street. AGNDA.DOC NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An Appeal Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on December 2, 1997 at 9:00 AM to consider the following petitions: APPEAL OF ADMIN. CONDITIONAL USE PERMIT FOR WESTERN WIRELESS AAD-97-149 Appellant, Seelig Family Properties, appeals issuance of a conditional use permit by the City of Renton for Western Wireless telecommunications monopole project (File No. LUA-97-092,CU-A). Western Wireless proposes installation of a 85-foot high telecommunications monopole mounted with a total of 12 panel antennas mounted at the top of the monopole. Overall height would be 100 ft from the ground surface. Location: 1755 NE 48th St. APPEAL OF ADMIN. VARIANCE FOR WILLIAMS CARPORT AAD-97-166 Applicant is appealing the City of Renton's decision not to grant an administrative variance for this project (File No. LUA-97-144,V). The proposal is to allow a carport within the required 5 foot side yard setback. The carport, which has already been constructed, is setback one foot from the northwest property line. Location: 2308 SE 19th St. Legal descriptions of the properties noted above are on file in the Hearing Examiner's office, first floor, Municipal Building, Renton. All interested persons to said petitions are invited to be present at the Public Hearing. Publication Date: November 21, 1997 Account No. 51067 AADPUB.DOC oazief HOMEOWNERS ASSOCIATION P.O. BOX 656 DEC GC RENTON,WASHINGTON 98057 • November 28, 1997 Fred Coffman, Hearing Examiner City of Renton 200 Mill S. Renton, WA. 98055 Dear Mr. Coffman, Ref: Your File: AAD-97-166 City File: LUA-97-144, V The Rolling Hills Village Homeowners Association supports the finding that the carport should be in back of the house. We would also ask that a gate be put across the drive to the back of the house to screen the boat from public view, in accordance with the Covenants and Regulation of the Homeowners Association. Would.you please mail a copy of your decision to: James A. Smyth PO Box 656 Renton, WA. 98057 Thank you for your consideration. Q1097 James A. Smyth, Secretary Rolling Hills Village Homeowners Association •. CITY F RENTON as& Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman November 10, 1997 Terry and Gina Williams 2308 SE 19th Street Renton, WA 98055 Re: Appeal of Decision re: Administrative Variance for Williams Carport Appeal File No.: LUA97-166,AAD Dear Mr. and Mrs. Williams: 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, December 2, 1997, at 9:00 a.m. in the Council Chambers on the second floor of City Hall, Renton. 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, J Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Mayor's Executive Assistant Larry Warren, City Attorney Peter Rosen, Project Manager 200 Mill Avenue South -Renton, Washington 98055 - (206)235-2593 6YC5 Thlc r..mpl..c Fnai rorvrlorl raptorial 20°/'Inc?cnneum(r Terry&Gina Williams 2308 SE 19th ST. Renton WA. 98055 CITY OF RENTON NOV 0 41997 November 4, 1997 RECEIVED • CITY CLERK'S OFFICE To Whom It May Concern: We Terry and Gina Williams are filing an appeal of the final decision not to grant an Administrative Variance for the Williams Carport.Variance file number LUA-97-144,V-A. I There is no potential to build a carport in the rear yard due to the inability to safely gain access to it's location by way of our vehicle and trailer. The probability of injury occurring to an individual or damage to the surrounding properties are high. Also the topography of the back yard does not allow it. Given the future plan for us to add on to our home and still maintain the required five foot side yard setback and to adhere to the zoning standards, this does no allow any access by vehicle to the rear yard at all. The current location of the carport is the only feasible one. We would not be setting a precedent by having a variance granted to us. It is evident that neighboring property owners are already utilizing the five foot side yard set back for their building. Therefore, this should not be considered a grant of a special privilege since the following residents have attached structures in this area. 1921 Edmonds DR. Renton Washington 98055 2416 SE 19th ST. Renton Washington 98055 2108 Aberdeen PL. Renton Washington 98055 ti 1924 Lincoln Circle SE Renton Washington 98055 Sincere! , e Terry Williams • Gina Williams i Terry &Gina Williams 2308 SE 19th ST. Renton WA. 98055 CITY OF RENTON November 4, 1997 N 0 V 0 41997 RECEIVED CITY CLERK'S OFFICE To Whom It May Concern: We Terry and Gina Williams are filing an appeal of the final decision not to grant an Administrative Variance for the Williams Carport.Variance file number LUA-97-144,V-A. There is no potential to build a carport in the rear yard due to the inability to safely gain access to it's location by way of our vehicle and trailer. The probability of injury occurring to an individual or damage to the surrounding properties are high. Also the topography of the back yard does not allow it. Given the future plan for us to add on to our home and still maintain the required five foot side yard setback and to adhere to the zoning standards, this does no allow any access by vehicle to the rear yard at all. The current location of the carport is the only feasible one. We would not be setting a precedent by having a variance granted to us. It is evident that neighboring property owners are already utilizing the five foot side yard set back for their building. Therefore, this should not be considered a grant of a special privilege since the following residents have attached structures in this area. 1921 Edmonds DR. Renton Washington 98055 2416 SE 19th ST. Renton Washington 98055 2108 Aberdeen PL. Renton Washington 98055 1924 Lincoln Circle SE Renton Washington 98055 Sincere) , � JW. Terry Williams Gina Williams DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-22349 C:11-04-1997 CASHIER ID : N 17:25:00 A:11-05-1997 8000 MISCELLANEOUS REV $75.00 APPEAL 000.000.00.345.81.00.000003 TOTAL DUE $75.00 RECEIVED FROM: WILLIAMS, TERRY CHECK $75.00 TOTAL TENDERED $75.00 CHANGE DUE $0.00 DUPLICATE RECEIPT DUPLICATE RECEIPT