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Home My WebLink AboutLUA80-005 (2)OF R4,A 4, ID o THE CITY OF RENTON U $ Z' MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 CHARLESJ. DELAURENTI ; MAYOR DELORES A. MEAD p CITY CLERK 90 o Barbara Y. Shinprci 09 1.. SEP1E• O P April 1.0, 1980 Herbert Ninsen 5201 Ripley lane N Renton, We 98055 Re: Recorded documents Declaration of Restrictive Covena:.¢-.; VAriance from Shorelines Master Pro ram Dear Sir: Enclosed please find your copy of the document (s) recorded with King County Records and on file with the City Clerk' s Office of Renton. Very truly yours CITY OF RENTON eeeht ' Q. Thtatt Delores A. Mead , City Clerk DAM/db . Enc ( ) File No. V-rn"'`••AO Herbert Ni"•r• DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Herbert W. Nissen and his wife Patricia A. Nissen are the owners .)f the Cn following real property in the City of Renton, County of King, State of Wa hino'','r, described as follows: 04 See attached legal description) 3 WHEREAS, the owners of said described property, hereinafter "the property," t desire to impose the following restrictive covenants running with the land as to use, present and future, of the property; NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to the use of, the land hereinabove o` described.with respect to the use by the undersigned, their successors, heirs and ai assigns, as follows: RESTRICTION OF USE op The operation of the proposed dock shall be limited to entirely recreational purposes on a non-commercial basis. DURATION These covenants shall run with the land and expire on December 31, 2025. If.at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Proper legal procedures in the Superior Court of King County may be instigated by either the City of Renton or any property owners adjoining subject property who are ' adversely affected by any violation or breach of these restrictive covenants. Reasonable attorneys' fees incurred during an enforcement proceeding will he borne by the parties whom the court determines are in error and shall be entered as a judgment in such action. rr1 ONlSl j t St iJ(1;1.1ll i()J3!! Herbert W. Nissen, Owner RL Patricia A. Nissen, Owner STATE OF WASHINGTON) COUNTY OF KING ) On this "• day of .\ . 19.... , before me personally appeared Herbert W. Nissen and Patricia A. Nissen, the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. IN WITNESS -WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the Seat" i' ^r` • 2+ r2V.1 o' of Washington, residing in t"rri?-r.-r-'---rr,-crr-i't":I',Y•:if(C.......... iu.r•.. .-.c:i. 98055.. At at 47 Garr 24 an 05 0,66‘swarm LOT 35=3I KLOCK C HILLMANS LK WN GARDEN OF EDEI !! 336 K 'H LDS ADJ 5 FOR OF 35 7 SN LOS COJ S!' 'F LP = -: h i l :31 MIM 09 SEC W ill 42 FT TN M 11 .DIG •1 mIN 19 qr. W 22R.FT FR PT 19 FT SLY OF SC COI OF 3" I lj I tom,_ - C- - - ' . _....____ .._ I 5000 T ;161 03/16/73I C..;3//:,i: :Ir'' 2:: "i: •.C. 1.7us7 10000 T (:15i 0i/01/73I 11GOZVHI.UELRW 73 2/%1%?.'13:__3?! rO 12JST I' L ! 11500 T I2:S1 12/07/7 9E'^;'_ED I? iG5:1L'/T7i+,I3&0S( iirc::i ,.i£ 77 13500 T 1215: ,04/10/76` l::EVfLUEU I 1 I i7E 49500 T 12151,04/16/77 REIN ,LU O I t 1 10 95400 T I2151 05/25/79 IEYALUED I lI 1 I 1I I Irj I I1Ia-__,____ _.__ LT 67- ONO DATA UIIDING DATA i ZONE ACT!IAL IES SEWER AV'!LAILE YES USE TYPE SINGLE IASErEI'T C9CA 13 Z FIREPLACE SINGLE r„'.. a HIGHEST I LEST YES STORM SEWER NO USE FINISHED AREA 1;30 MULTI-FLC 2 n: 7 ALLE UNIT SITE UNOGRNO UTILITIES PARTIAL UNITS DAYLiGNT YES Ft:EE-S:Rx3!No N- ''. w T VALUE 15000 WATER SYSTEM W-DIST YEAR BUILT 1979 ExTERICR ORICK hO.+E z 0WATERSUPPLYSTANxCOMPLETE20% Ex'iER!CR STONE NONE PCIC`:ES t WATERFRONT LAKE EFFECTIVE YEAR 1979 DA1'N5 FULL O?EN 2°• LOT WIDTH S1 J DOCK SUIT GAINS 3/R 11 DECK 3'' u,inz WICTN USEAILE I001- TIDELANDS NO GRADE R1-10.00x OATHS 1/2 men' DEC! 0 2 OE/TN 175 VIEW 1 TIIK-'NK-LCUND 1 POOL PIER MOr;• o D EPTN USEAILE 12 LAKE EXCEL STORIES 2.01 OTHER SINGLE NONE' 0 0 EET ACCESS SUR TERRITORIAL STAN TOTAL ROOMS 9 BUILT-IHS NONE IALLEY NO DINING YESIADCOUI$TE GARAGE STAN CUROS I GUTTERS- MO UTILIZAT!OM GOOD; FAMILY-DEN-REC ti rSnT G:'R AvEA NOr:C i5TPEET SURFACE ASPHALT , RESTRICT!OIIS SUIT BEGROOnS OTT. Gil?.. A.1EA NONE CONCRETE C7EA M;'.. o I ' RA.FIC LIGHT EYT. NUISANCES STAN at. G:IR G:CA 990 1SPH L AREA P. m PERIL. REVIEW. ti0I FIRST rIORI AZER l3Y^' 0ts G:7 f?.^.pg q z O{iS:_ESENCE UPPER FL AREA 1050! fFiECTI,JE Y 1a 14T9, o I CF..' O T r.,<<i gtl!1:i i I UHF l li. Fat. STY KurzI TC. n i i S S`+:ILLS I 2 1 FtNI311 0 ATTIC IIEPT SOU;:•E NO CEt!I 1AREAnGNEiHEATS,S:ail I i;UHF IN PITIC PQ"-!1 HONriprr ar6,rL: r.-t, IMF iii! 1; 9ZPOP CO 8 OF R4- 0 THE CITY OF RENTON U Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 o BARBARA Y. SIiINPOCH, MAYOR • LAND USE HEARING EXAMINER FRF.D J. KAUFMAN, 235 -2593 091TFn T E1PSEP March 14, 1'4R0 Mr. Herbert Nissan 5201 Ripley Lane N. Renton, W1 9805 RE: File No. V-005-80; Herbert Nissen Request: for Shoreline Variance. Dear Mr.. Nissen: This is to notify you that the above referenced request, which was approved subject to restrictive covenants as noted on the Examiner's report of." February 28, 1980, has not been appealed within the time period established by ordinance. Therefore, this application is considered final and' is being submitted to the City Clerk effective this date for permanent filing. Sincerely, Fred J. Kaufman Hearing Examiner cc: Planning Department City Clerk Nc•. V-005-R0 let l Nissen DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Herbert W. Nissen and his wife Patricia A. Nissen are the owners of the following real property in the City of Renton, County of King, State of Washington, described as follows: See attached legal description) WHEREAS, the owners of said described property, hereinafter "the property," desire to impose the following restrictive covenants running with the land as to use, present and future, of the property; NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to the use of the land hereinabove described with respect to the use by the undersigned, their successors, heirs and assigns, as follows: RESTRICTION OF USE The operation of the proposed dock shall be limited to entirely recreational purposes on a non-commercial basis. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Proper legal procedures in the Superior Court of King County may be instigated by either the City of Renton or any property.owners adjoining subject property who are adversely affected by any violation or breach of these restrictive covenants. Reasonable attorneys'. fees incurred during an enforcement proceeding will be borne by the parties whom the court determines are in error and shall be entered' as a judgment in such action. Herbert W. Nissen, Owner 7.n Patricia A. Nissen, Owner STATE OF WASHINGTON) COUNTY OF KING On this "' day of t ` 19•,.. , before me personally appeared Herbert W. Nissen and Patricia A. Nissen, the persons who executed the within and foregoing instrument, and acknowledged said instrument to be,the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, residing in `.. I • :.o.,: tIc me 41.. ,rwu 241 An C5 J ; IINICRIPM-' •- i I ;L01 35-3k LOCK C HILLPIANS Llt UN.GAROEN OF EDEN 3 316 0. `H LC; AD.( ; FOR Of 15 ; .SA LDS r:01 Si., f. Lc F .; t+ ;q 1 :31 I+IN 09 SEC 6-111 02 FT TN H AI DEGAS-n!M 19 SEA U 22A FT 'O-PT .19 FT SLY -OF SE C00 GF ,;r I . i i I 1 1 i1—_L I .s_._j-_ rTu l_:'J -i _t L:. aLJ.j i r i 5000 T 1+151I0J/16/73I' C ;11: i' aI_ .It, 2::.::%i: •... 1ruS' f ` I 10000 1 214'i IJ./01/7I1 I'G0tvA UF,L-AU 7I i/ ; ''13:''_.;.; 1 JS1 11.500 T 12:51 I12/U7/7V siEi _•Et? t iG; 2u:•77•a3JEr;ai ;Fi. 1:•t_D 77 I 13500 T 215; ,04/10/7G` t;.EvALUiu 1 1 t 71 I 99500 T 12151 ,09/16/77 REtr;L'-D 1 1I !IC i 95900 112151 DS/25/?Y AIYGLNED t i1i f i I c t 1 1 I 11ANO DATA' ZONE ACT WILDING DATA IAL IES tSEWEI RV.!LRDLE YES USE TYPE SINGLE IF1SEn.N; AREA 53,E FIREPLACE SINGLE o; IMIGyEST I ZEST IFS S10111 SEWER NO USE F!i:ISNED AREA s330 11U1T"!-F:e:3 4LNE UMIT Silt UNDGRNO UTILITIES PARTIAL UNIiS DAYLIGHTYES FtEE-S;AttDi io H'" T %ALL+E 15000 WATER SYSTEF W-DIST (YEAR BUILT 1479IEx; a;CR ORICtit NONE WATER SUPPLY STAN x COFIPLETE 40t-EExiE°:CI STONE NONE ?DIVES WATERFRONT LAKE IEFFECTIVE .YEAR 1979 OATHS FULL 2' 07EPN 29 LOT W10TN 5B DOCK SUIT LATHS 3/9 11 DECK 3 WIC?M USEAOLE 100z-) TIDELANDS HO !GRADE 11-10+00T O THS 1/2• mONE-I DECK- a a0T DEPTH 175 I VIEW TIIK-'NK-LAuND 1 POOL AREA tip''• I 1EPTN USER®LE G2 LAKE EXCEL -STORIES 2.01 OTHER SINGLE OAEIFEETACCESSSUBTERRITORIALSTAIITOTALR0011S9BUILT-INS NONE I1 ne • DINING YESIADCOUOTE GARAGE .STAR jCURJS 4 GUTTERS HO 1 UTILIZATION- GOOD,' FAMILY-DEN-AEC 11 USAT 0 "AREA MOTE iSTPEET SWIM! ASPHALT ; RESTRICTIONS SUN I culooris i ;IT. G A;EA NON (O'CttETE Al[A C; IA'FtC LIGHT ` EYT NUISANCES STAH'{NET. GAR ATCA 990 ::SI'H L- AREA a:•. I PERM. 'REVIEi! No ;FIRST rLOOR :IEU' 13VI IM. 0F1 cos 9 LOBS':-ESINCE j ) U'FEs FL APEN i050` EF`ECTItE YLI-'4 ' 1979 i c??o7 T -''Si f1ON:i j UNF1.1. F .1 STYPiCiiE1 ?r n!t:G a7R.LS R 1i HEAT:^ ::?ER pF!NI'SH'O AT1i: 1 MEAT sou:;E . HO iE'1- GPJ1IIAREANE' HEAT SYSTE11 J'4F IN :TTIC PR=R -)N7iI•r' , .tu:t: .r-.. Ittr 1,if I a i AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King Marilyn J. Petersen being first duly sworn, upon oath disposes and states: That on the 28thday of February 19 80 affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. Subscribed and sworn this -day of co4r1 19 Notary Puolxc in and for ine State of Washington, residing 4.t Renton. Application, Petition or Case: Herb Nissen; V-005-80 The mini contain a tat o the pair o‘ ne.cond) February 28, 1980 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION . APPLICANT: Herb Nissen FILE NO. V-005-80 LOCATION: 5201 Ripley Lane North SUMMARY OF REQUEST: The applicant requests a variance from the city's Shoreline Master Program to permit construction of a pier 170 feet in length, in excess of the allowable 100-foot length. SUMMARY OF ACTION: Planning Department Recommendation: Approval with conditions . Hearing Examiner Decision: Approval with restrictive covenants. PLANNING DEPARTMENT The Planning Department preliminary report was received by the REPORT: Examiner on February 14, 1980. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on February 19, 1980 at 10:05 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Roger Blaylock, Associate Planner, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Cross Section of Proposed Dock Exhibit #4: Aerial Photograph Mr. Blaylock corrected the reference to Section 7.12.03 (C) (1) (6) in Section L.6 of Exhibit 1 which should be revised to reflect (b) in lieu of (6) . He also corrected the first line of the second paragraph of Section 3.d of Exhibit #1 which states that "the length of the dock at 180 feet will be. . . " to 170 feet. Mr. Blaylock also advised that approval of the substantial development permit will be contingent upon acquisition of any other necessary permits by the applicant. The Examiner requested testimony by the applicant. Responding was: Richard Seaborn Legal Agent for Herb Nissen P.O. Box 145 Mercer Island, WA 98040 Mr. Seaborn referenced Exhibit #4, aerial photograph, and advised that the lake level at the time the photograph was taken was 21.8 feet which has been a standard level for establishing high water, with low water standard a depth of 1.8 feet lower. He noted that soundings which will be provided will be less than levels shown in Exhibit #3, and advised that dropping of the lake level by 1.8 feet compounds problems which occur during the summer months when boats incur damage from intake of silt and debris from the lake bottom. He indicated that the situation is further exaserbated by rough water in the East Channel cut caused by racing of 30 to 40-foot cruisers resulting in severe damage to boats from wave action which varies water depth. The Examiner requested testimony in support or opposition to the application. There was no response. He indicated that the hearing would be continued until 5:00 p.m. on Monday, February 25, 1980 for the purpose of submission of sounding information. Mr. Seaborn advised that soundings would be accomplished by a licensed engineer. Since there were no further comments, the hearing regarding File No. V-005-80 was closed by the Examiner at 10:25 a.m. and continued to February 25, 1980. J-005-80 Page Two FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a variance from the provision of the Shorelines Master Program which limits structures built over the water to 100 feet in length. 2. The Planning Department report sets forth the issues, applicable policies and provisions, and departmental recommendations in this matter, and is entered as Exhibit #1. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, R.C.W. 43.21.C. , as amended, the subject proposal has been determined exempt from the threshold determination by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. All existing utilities are available and in close proximity. 6. The subject property was annexed into the city in 1960 and the G-6000 (General; Single Family Residential; minimum lot size - 6,000 square feet) zoning was applied at that time. 7. The site is generally level sloping down to Lake Washington. The lake bottom continues this gentle slope dropping approximately five feet over 170 feet. 8. The lake bottom in this area is composed of mud which is the result of stream sedimentation. There is also debris along the lake bottom from the former logging operations which previously occupied the site. 9. The applicant proposes constructing a 170-foot dock in order to moor a boat in water deep enough to provide both safe passage and safe moorage. The applicant indicated that the dock would be 12 feet in width but without further variance, docks may not exceed eight feet in width. 10. There are numerous pilings in the lake extending out about two hundred feet into the lake. These pilings are from the former commercial operations which occupied the area in the past. 11. There are similar structures up to approximately 180 feet in length located north of of the subject site which permit the owners of these northerly properties to moor boats in water of adequate depth. 12. The applicant has submitted data in the form of soundings which substantiate the cross-sections of Exhibit #3. CONCLUSIONS: 1. In order for an applicant to receive a variance from the requirements of the Shoreline Master Program of the City of Renton the applicant must demonstrate that the following criteria have been met: a. That extraordinary conditions apply to the subject property and do not apply to other property in the same vicinity, and the imposition of the bulk standards, i.e. 100-foot dock length, will deny the applicant reasonable use of his property. b. The variance will preserve or permit a valuable property right possessed by other property owners in the same vicinity. c. The use permitted by the variance will not be materially detrimental to the public welfare or injurious to other property in the same vicinity. d. The variance will be in harmony with the general purpose of the Master Program. e. The public welfare will not be harmed and that the harm done to the area will not be greater than the harm done to the applicant (W.A.C. 173-14-150(3) ; Shoreline Master Program 8.02) . The applicant has demonstrated that the requested variance is warranted. 2. The topography of the lake bottom immediately off shore of the subject property creates a shallow bench which is unique to the area. This condition makes it 05,80 Page Three difficult if not impossible for the applicant to safely moor a boat within the required 100 feet of shore. One hundred foot docks are generally sufficient in most areas of the lake to allow safe and useful moorage, but in this case, the applicant cannot use his lake front property in a similar manner as other property owners in the vicinity use their properties because of the extreme shallow depth. 3. The prsence of old pilings extending out about 200 feet into the lake in the area just south of the subject property and the shallow depth already limit navigation in the area. The 170-foot dock proposed by the applicant will not cause any harm to the general public and will not harm neighboring property. 4. The Master Program was established to preserve shorelines in the City of Renton and to also permit those uses of shorelines which are natural and consistent with waterfront property. The approval of the variance will permit the occupant of a single family home to make appropriate use of his waterfront and will not harm the general welfare nor inhibit navigation in the area. 5. Presently, the applicant cannot safely operate or moor boats in the shallow area without encountering mud and debris. The general public also encounters these conditions if they travel within 170 feet of shore. Approval of the variance will not interfere nor conflict with'public passage in the area. 6. The applicant has not applied for and is not granted a variance from the provisions establishing the maximum width of docks as eight feet. DECISION: The variance from the Renton Shoreline Master Program to construct'a 170-foot dock is granted subject to: 1. The operation of the proposed dock for entirely recreational purposes on a non- commercial basis; and 2. The execution of restrictive covenants so limiting the use. ORDERED THIS 28th day of February, 1980. TaJ, Fred J. KLi man Land Use Hearing Examiner TRANSMITTED THIS 28th day of February, 1980 by Affidavit of Mailing to the parties of record: Herb Nissen, 5201 Ripley Lane N., Renton, WA 98055 Richard Seaborn, P.O. Box 145, Mercer Island, WA 98040 TRANSMITTED THIS 28th day of February, 1980 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Michael Hanis, Planning Commission Chairman Ron Nelson, Building Division Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before March 13, 1980. Any aggrieved person feeling that the decision of the Examiner is 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 review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon 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, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $ 25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the Finance Department, first floor of City Hall, or same may be purchased at cost in said department. RECEIVED CITY OF RENTON HEARING EXAMINER FE 0191980 PLANNING DEPARTMENT AM PM 71819110,111121112c3A 516 PRELIMINARY REPORT TO THE HEARING EXAMINER r PUBLIC HEARING FEBRUARY 19 , 1980 APPLICANT: HERB NISSEN EXHIBIT NO. / FILE NUMBER : V-005-80 ITEM NO. V / Fo 5-- A . SUMMARY (: PURPOSE OF REQUEST: The applicant requests a Variance from the City ' s Shore- line Master Program to permit construction of a pier . Section 7 . 12 . 03 (c ) (1 ) City of Renton Shoreline Master P'r'o,gram) B . GENERAL INFORMATION: 1 :. Owner of Record : HERB NISSEN 2 . Applicant : HERB NISSEN 3 . Location : Vicinity Map Attached ) 5201 Ripley Lane North 4 . Legal Description : A detailed legal description is available on file in the Renton Planning Dept . 5 . Size of Property : 7600± square feet 6 . Access :Via Ripley Lane North 7 . Existing Zoning : G-6000, General Classifi- cation District ; minimum lot size 6000 square feet . 8 . Existing Zoning in the Area : G-6000 9 . Comprehensive Land Use Plan : Single Family Residential 10 . Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Seattle Times on February 6 , 1980 and posted in three places on or near the site as required by City Ordinance on February 8 , 1980 . C . HISTORY/BACKGROUND: The subject site was annexed into the City by Ordinance 1823 dated April 21 , 1960 , at which time the present zoning classification was applied . D . PHYSICAL BACKGROUND:ROUN D: 1'. Topography : The site is basically level sloping gently to the west . The lake bottom drops approximately 5 feet in 170 feet , according to the cross section submitted in the application . 9 PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISSEN , V-005-80 FEBRUARY 19 , 1980 PAGE TWO 2 .; ; Soils : The houses rests on Indianola loamy fine sand , 0-4% slopes ( InA) . Permeability is rapid , runoff is slow and the erosion hazard is slight . This soil is used for timber . The thick layer of mud lies adjacent to the shoreline . under the water . This is a result of sedimentation from and intermittent stream . 3 . Vegetation : The mud does provide a sufficient base for vegetation to attach to . Free floating vegetation is found in the water . 4 . Wildlife : The mud provides some habitat for micro- organisms. 5 . Water : Not applicable . 6 . Land Use : Single family residence . E . NEIGHBORHOOD®IRIHOOD CHARACTERISTICS : The surrounding properties are principally single family residential in nature . The area was used in the past for logging operations . There are numerous pilings south of the Nissen residence . F . PUBLIC SERVICES : 1 . Water and Sewer : An 8" water main and an B" sewer main run north-south on Ripley Lane . 2 . Fire Protection : Provided by the Renton Fire Department per ordinance requirements . 3 ., Transit : Metro Transit ,Route #240 operates along I-405 within 1/4 mile to the east of the subject site . 4.. Schools : Hazelwood Elementary School is approximately 1.'3 of a mile to the east . McKnight Junior High School is 1-3/4 miles to the southeast . The high school students would probably attend Hazen Senior High School approximately 2-1/2 miles to the south- east . 5 . Recreation : Recreation is provided by Lake Washington . G . APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-729 , "G" General Classification District . H . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR ®1[IHIE OFFICE/AL CITY/STATE DOCUMENTS: 1 . R . C .W. 90 . 58 .20 Shorelines Management Act of 1971 . 2 . W .A.C . 173-14-150 , Review Criteria for Variance Permits . 3 ., City of Renton Shoreline Mater Program , Section 7 . 12 (Docks and Piers ) , Section 8 . 02 (Variances ) . I . IMPACT ON THE NATURAL OR HUMAN ENVIRONMENT: 1 . Natural Systems : Construction of the pier will disturb the water and aquatic life in the vicinity. However , through proper development controls and procedures , these impacts can be mitigated . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC ' HEARING : HERB NISSEN , U-005-80 FEBRUARY 19 , 1980 PAGE THREE 2 . Population/Employment : Minor . 3 . Schools : Minor . 4 . Social : Minor . 5 . Traffic : Minor . J . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , the proposal is exempt from the determination of environmental significance . K . AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division . 2 . , City of Renton Engineering Division . 3 .' City of Renton Traffic Engineering Division . 4 . City of Renton Utilities Division . 5 . City of Renton Fire Department . L . PLANNING G DEPARTMENTENT ANALYSIS: 1 . The applicant is requesting a variance from the Shoreline Master Program which allows a maximum dock length of 100 ' . The applicant proposes to construct a pier of 170 ' in length . 2 . The site involved is at the mouth of an old stream bed that presently has some intermittent flow. The lake bottom is a shallow shelf consisting of mud varing in depth from 2 to 72 feet at approxi- mately 180 ' feet from the existing shoreline . The mud lake bottom along with the shallow depth of the water causes a major problem to the applicant in using an in-board ski boat . The mud sucks up into the applicant ' s engine . 3 . . The Shorelines Management Act governs development on the shoreline . The proposed pier will cost more than the allowed $2500 and a substantial development permit has been applied for . The Revised Code of Washington and the Washington Administrative Code require that specific criteria established under WAC 173-14-150 be applied , The variance is not granted by the City of Renton , the variance is granted by the State of Washington . The City of Renton makes a recommendation to the state and the state must concur in that recommendation for the variance to become valid . The variance criteria differs whether the development is in the water or on the upland portion from a shoreline . The following analysis addresses each of the six criteria to be reviewed by the state : a . "That strict application of the bulk , dimensional or performance standards as set forth in the applicable master program precludes a reasonable permitted use of the property . " The physical limitations of the shelf extending from the residence precludes the use of a standard dock less than 100 ' in length . A 100 ' dock would allow the in-board ski boat to sit in approximately 4 ' of water thus sucking up the mud from the bottom of the lake . This would PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISSEN , V-005-80 FEBRUARY 19 , 1980 PAGE FOUR cause unreasonable damage to the boat and to the property owners . The Shoreline Master Program Section 7. 12 . 03 (C ) (1 ) (a ) suggests that 8 feet of water depth is necessary for residential docks . In addition , the Army Corps of Engineers varies the level of Lake Washington for flood control . The lake level fluctuates approximately 2 feet . In the wintertime it is lower , and in the summertime it is higher . b . "That the hardship described in WAC 173-14-150 3 ) (A) above is specifically related to the property , and is a result of a unique condition such as irregular lot shape , size , or natural features and the application of the Master Program and not , for example , from deed restrictions or the applicant ' s own action . " The physical limitation is a result of the 'mud bottom of the lake and a very shallow shelf extending from the property . This shelf extends approximately 180-200 feet from the existing shoreline . In the past , this area was used for a log storage area and the bottom of the lake has added debris from logs . The applicant is not responsible for the natural feature of the lake bottom . c . "That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or to the shoreline environment designation . " The property owner to the north has requested a similar pier (see File No . V-006-80) . The property immediately adjacent to the north of that site presently has a pier which is approximately 170 ' long . The natural underwater shelf continues to narrow as it goes to the north and approximately 3 more residences to the north the docks can be of standard size . The area to the south has been used in the past for a log storage facility and substantial pilings piers were constructed . The pilings still remain and the area is basically developed to a point of at least 200 ° from the shoreline with the pilings . Therefore , the design of the project appears to be compatible with the other established and permitted activities in then.area and it rl will not causeLan adverse effect to the adjacent • properties .r, d . "That the request for the variance will not constitute. a grant of special priviledge not enjoyed by the other property owners in the area and will be the minimum necessary to afford relief . " The length of the dock at 180 ' will be minimum necessary to allow the functional use of the moorage site for an in-board ski boat . It will not be a special privilege in that there are other examples of existing docks which are in the approximate neighborhood of 160-180 feet in length . e . "That the public rights of navigation and use of the shoreline will not be adversely affected by the. granting of the variance . " PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISSEN , V-005-80 FEBRUARY 19 , 1980 PAGE FIVE The numerous pilings to the south already provide a blockage of navigation within 200 ' of the shoreline . The existing single family residential dock to the north provides another blockage . Therefore the area inbetween will not appear to infringe upon that public right , it would be continuation of the existing patterns established along the shoreline at this time . f. "That the public interest will suffer no substantial detrimental affect . " The public use of the shoreline has been eliminated by previous subdivision of the shoreline in this area . The use of the water surface itself has been limited by previous development and by the fact that the area is very shallow ( less than 7 ' ) . It would appear that the public interest is not going to be substantially impacted in a negative manner by the proposed development of the site , 4'. The proposed pier is built of open pile construction as required by Section 7 . 12 . 031of the Shoreline Master Program. 5 . The length of the pier at 170 ' appears to provide more than enough length to allow the docking of more than one boat . The dock should be used exclusively by the property owner for his use . It should not be used on a commercial basis for other individuals . Moorage space is at ' a premium throughout the Pacific Northwest and approving a dock which could allow more than personal use should be discouraged . 6 . . Section 7 . 12 . 03 (C ) ( 1 ) ( 6) establishes the maximum dock width at 8 feet . The proposal shows a 12-foot width . Therefore the plans will have to be modified or a variance requested . 7 . The applicant has not submitted justification to substantiate the variance request . The contractor alludes to accurate soundings ; however , nothing was provided to the Planning Department . A cross section of the lake bottom and pier were submitted without supporting data . M . DEPARTMENTAL IR[Cff fP ENOMTIOF S: Based upon the above analysis it is recommended that the, variance request , File No , V-005-80 be approved with the following conditions : 1 . ' Submission of data to substantiate the depth of the water as depicted on the cross section . 2 . Narrowing of the dock to 8 feet from 12 feet . 3 . ' The filing of restrictive covenants that would preclude the use of the pier for any commercial purposes . 1 ssL Ai[ III 11.1) 40 esp_< . i v tom, t"c+ Ok i LLT/ Li 4,71 - - - Li 4a------. ii 'I,i - (/.',?,-//t ,„. fl1 0 J motI Ey I r , . y (/I . 0 I - 6‘1/4-4,--,v a5'C ia7 i si 3134 I I . pl/ 4f)/''''' iik 91 1 f7 jor1p -Uri i IPi, ,(,7 ._ !_ 0 '- 5- i,e (35 13z' I. r 4ppl, n 1.z6 2>lt. wr H f, .es_•,ur,el N _ :_e_z J'nl.__.. II 1 r ) e ( .,./it R I Ie OF 45 ISo 7 y I , 1 2 I t i l' j /J I syw G5./ i/.'V r 1 6 -II J 4., i' 1 /;14c ‘91,/ ,//\ , 1 9 ..' T- 77/ -- s;9. 1 6 tt3 107 co Fr- 0, 7r e. T - i t .: -k-t '..i'' i• \ X•1. 1.' 1 HERB NISSEN 1 k i iu. — m....,.,.....".._ r,_v..._,M_T.v.,......r_.,_,..,,.....«... _...-.._„ w........-.., ......__......"...m :>;a+ .- ate.• -.w.,.... ,.. ....,..., ..__,..r.,.....M....., .., APPLICANT Herb Nissen TOTAL AREA , 7600 sq feet 1 PRINCIPAL ACCESS Via Ripley Lane North i EXISTING ZONING G-6000 I EXISTING USE Single Family Residential I PROPOSED USE Single Family Residential - dock • Ia COMPREHENSIVE LAND USE PLAN Single Family Residential A iCOMMENTS l-- N HERB N I SSEN SHORELINES VARIANCE FILE NUMBER V-005-80 g y 4 Oil i r 4"=--_-_. F v ti _-.--.ii1 I-= -- i _ EI I l9 V C - r, , ,? to 1 C, r. .,J t a Herb W. Nissen 5201 Ripley Lane North Renton, Washington 98055 City of Renton Municipal Building Renton, Washington 98055 Attention: Mr. David Clements Senior Planner Dear Mr. Clements: The reason we would like to• build our dock to extend to 170 feet is because of the depth of the water. Right now at low water at 170 feet from shore, we have approximately 4 feet of water with muddy bottom Due to the muddy lake bottom, if we were to moor our boat closer than the 170_ feet, the props on the boat would kick up mud from the bottom of the. lake and plug up the intakes for the cooling . system to the engine. In conclusion, we need the 170 feet length to have sufficient water depth for boats to moor. Very truly yours, Herb W. Nissen I`\ A .R" i ce' / f IW b. Renton Planning DepartmeriL DEVELOPMENT APPLICATION REVIEW''I SHEET Application : e g- j°e c 1"y or- ram'e SA a aPI 761fry) Aele_mji f 4A 4.4rAfrim Location ': Api Ripley Lam- N. Appl i cant,,-r ..53-e f- TO : V Parks Department SCHEDULED HEARINGN DATE:. 40? _ Police Department A, R. C. MEETING._, Public Works Department Engineering Division Traffic Engineering Building Division Utilities Engineering Fire Department cO AMEN i S dGPF[ SUG ETIIONS.I RE I U I N(iTHISS APPLICATION SHOULD ;3FPROVIDEDIREVIEWCOFERENC (ARC) • to .3E° HELD ONjFLOORAT9:00AMIN THE THIRD OKUO1'`;IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE I CONFERENCELETO TCE ARC, PL. ASE PROVIDE THE. TO THE PLANNING NOT IIDEPARTMENTATTENDTHECOMMENTS BY 5:00 PM ON REVIEWING' DEPARTMENT/DIVISION: Approved Approved with conditions, - Not Approved a 1•`_l.z_.L .J=-"-L C< L' "2-A- 4=2,.9s-c-ss:c.. Si c;nairurP oT Ui rector or A4fthorizecl Representative Date REVI FIl ING , DEPARTNENT/DIVISION : Appro"ed Approved with conditions . Not Approved i gnature of Director or Aufhoii zed Representative + Date kenton Planning Department DEVELOPMENT APPLICATION REVIEW SHEET A p p 1 i c a t i o n :_ . ;t i C. Y- ®`,--- ):_Er epAii.640D:e bit E./ rz,57‘ - a ap-j 12)aristrigt 0,-peer` 709 r6 _y_f 2 i vJnin /66 'ito fim ° .' z ® 195 t ag Location : cAO! Avjey LeN.A ___ ,- Applicant : tt/ /er Z ____ ., ' TO : Parks Departmentp SCHEDULED HEARING DATE:L 6'. Police Department A, R. CD MEETING 7/ ' - - Publ is I,Jorks Department Ernineerinq Division Traffic Engineering Building Division Utilities Engineering Fire Department I . CO1r ENTNR S \GGESTI ?SIC 'ARJI IG llS ASP ICATJOP SEf0U17D E .PapTIOyEVTEWCONFERENCE (ARC) l0 AE HELD 0AlD °013 AM IN THE THIRD FLOOR CONFERENCERUUM, IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE W LL NOT BEI ABLE TOATTENTHEARC, PL'ASE PROVIDE THE. COMMENTS TO THE PLANNING DEPARTMENTBY5: 0O PM ON L1 D . YT_ST._—_ wayREVIEWING , DEPARTMENT/DIVISION: ' S' -2 Approved X Approved with conditions.Not App'roved 14— ( c ti -`' t' ,,,4.`, ? A, te---, --,-7 A.4. 6__.„.• . :„,__L____ e--/F4eSignatureofDirectororAuthorizedRereenativpeDate REVIEWING DEPARTMENT/DIVISION: Approved Approved with conditions Not Approved N o- -I l,vc?a ," l c`i L " `=- 0 c-L- :gl'.`-, `"Q V 4 l L I Sicnature- of Director or Authorized Representati,v Date c /4/111S)6) nenton Planning Department DEVELOPMENT APPLICATION REVIEW SHEET Application : h 1 . . C 7.-' ePeA;`^P- ,, + 6111sv°ei Pst P 3 e d 4147 afite2rVet der 7d 1 ,ice r.ffn 41-2e y A e 46444,ra Location : ,colOt R pley Zr +_= N Applicant:: Ak.1;5',c p- -- TO : Department SCHEDULED HEARING DATE:L ge? Police Department A, R. Co MEETING 740 • Public Works Department Engineering Division Traffic Engineering Building Division r',.'O ' 1' v' F`i i'` l i ti es En i nee g I/ Fire Department s % COMMENTSINGP FORG1HETAIPLAPPLICATION REGARDING EIS OF N(ARC) 10 3E HELD OND REVIEW CONFERENCEI i D 0 7 j AT 9 :00 AM IN THE THIRD FLOOR CONFERENCEROOM. IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE M LL NOT BF.: ABLE TO ATTc N THE ARC.SSE PROVIDE THE COMMENTS TO THE FLANNING DEPARTMENT BY : UO PM ON REVIEWING DEPARTMENT/DIVISION: 7E Approved Approved with conditions Not Approved S ic;;natUre of ;)i rectol-'or //'6 thoi;i zed Representative Date REVIEWING DEPARTMENT/DIVISION : --__- -.--__ Approved Approved with conditions Not Approved i C r'L) I T '%' jam f i S cEJt= cce. I G`:) G r rc.:'c=.,;.z r 1 /3 r r c:__ /)C„ L.( - Y?-} 1///,/,/ 5 i c;na tore, o,' D rectoi7 or Authorized Representative Date t II i ppendu F UNIFORM FIRE CODE 1976 EDITION i I4pperdi,t F iContainerswith ±i«ht-nttina or se]_+-c.oz,u •, Lus s,la:1 3e plc).- iVAPPENDIXFi,.,i the temporary storage of combustible trash or rubbish. All electrical equipment installed and used must be in ,._cord- N f NN. MARINAS i r with the EIectrical Code as it applies to wet, damp and hazardous c lub Such facilities shall conform to the requirements set forth in the tia'i Fire Code and NFPA Standard No. 303 except as herein provided. 4. FIRE PROTECTION EQUIPMENT t lti 1. GENERAL All piers, wharves, floats with facilities for mooring or servicing five i fi Plans for marina fire protection facilities shall be approved by the ormore vessels, and marine service stations shall be equipped with fire E_ Fire Chief or authority having jurisdiction prior to installation. The protection equipment as follows: n completed work shall be subject to final inspection and approval after a) All portions of floats exceeding 250 feet in distance from fire a paratus access and marine service stations shall be provided with aninstallation. apparatus approved wet standpipe system, installed in conformitywith applicableY2. DEFINITIONS standards set forth in NFPA Standard No. 14 and Article 13 of this a a) FLOAT shall mean any floating structure normally used as a Code. I a`` passengers goodsmooring P 1. Hose stations shall be so spaced as to provide protection to anyi, point of transfer for assen ers and and/or for ur- Y 9, poses. portion of floats or floating vessel. Hoses shall be mounted on a i'A, b) MARINA shall mean a portion of the ocean or inland water reel or rack and enclosed within an approved cabinet. Hose sta- either naturally or artificially protected for the mooring, servicing or tions shall be labeled "FIRE HOSE — EMERGENCY L'SE t safety of vessels, and shall include artificially protected works; the O LY". All equipment shill meet the approval of the Chief. t. j; public or private lands ashore; structures or facilities provided within At the shore end, the waterline shall be equipped with a single rt` I the enclosed body of water and ashore for the mooring or servicing of 1=-inch fire department connectionI.t.. vessels or the servicingof their crews or passengers. IPg3 3, aterlines shall normally be dry where area is subject to freez- 4, 7 c) PIER shall mean a structure built over the water and supported 4 ing temperatures. bypillars or piles: used as a landinglace, pleasure avillion, etc. P P P b) Piers and wharves shall be provided with fire apparatus access y:: d) VESSEL shall mean every description of water craft, other ;,.. roads and water supply systems with on-site fire hydrants as may be 7- 1 than seaplane on the water, used or capable of being used as a means :_,; required by the Chief. Such roads and water systems shall conform ton1 a t of transportation. article 13. e) WHARF shall mean a structure or bulk head constructed of %._v.tom_ wood, stone, concrete, etc., built at the shore of a harbor, lake or river ` k° 5, PORTABLE FIRE PROTECTION EQUIPMENT for vessels to lie alongside of, and piers or floats to be anchored to.i .4 a) One fire extinguisher, 2A; 20-B:C_rating minimum, shall be provided in each hose station required. • a r' 3. FIRE PREVENTION REGULATIONS Ib) The Chief shall designate the type and number of all other fireagnf i. a) Persons having charge or control over any structure, including : '•. appliances to be installed and maintained in each marina.i H' ITi pier or wharf, shall not allow the deposit or permit the accumulation of :r s combustible debris or rubbish on land beneath such structure, pier or --:.q 6. TRANSMISSION OF ALARMS ti -;wharf.p€:i tears shall be available for the immediate notification of the Fire r b) No person shall use any open flame device for maintenance or Department. f repair on any vessel, float, pier or wharf without a permit.i1'"' 1. MAINTENANCE OF ACCESSc) No person shall use any portable barbecue, brazier or cooking 4 r) device on any vessel, float, pier; or wharf without a permit. II. Access shall be provided and maintained in accordance with Article kl i ts:- d) Any open flame device used for lighting or decoration on the 13. f exterior of any vessel, float, pier or wharf must be approved by the "8. MARINE SERVICE STATIONS 1 ;" 1 Chief. Wiz, i`: e) Any spills of flammable or combustible liquids at or upon the :g Marine service stations shall conform to Article I5.a•• water shall be reported immediatelyto the Fire Department orPP Juris- = dictional authorities. i l 9280 281 I sA` k J.v:C Lr L-s h a7 - 'Y' c i F Y n .-,.. u _ e•m..' Mt.. ..- # ,'... 4r_... _ r2 1.•".•.• PLANNING DEPARTMENT PRELIMINARYORY REPORT TO THE HEARING EXAADU[MIIEffR PUBLIC HEARING FEBRUARY 19 , 1980 APPLICANT : HERB NISSEN FILE NUMBER : V-005-80 A . SUMMARY & PURPOSE OF REQUEST: The' applicant requests a Variance from the City ' s Shore- line Master Program to permit construction of a pier . Section 7 . 12 , 03 (c ) (1 ) City of Renton Shoreline Master Program) B . GENERAL FO RW TIOf : 1 . Owner of Record : HERB NISSEN 2 .' Applicant : HERB NISSEN 3 . Location : Vicinity Map Attached ) 5201 Ripley Lane North 4 . Legal Description : A detailed legal description is available on file in the Renton Planning Dept . 5 . Size of Property : 7600± square feet 6 . Access :Via Ripley Lane North 7 . Existing Zoning : G-6000 , General Classifi- cation District ; minimum lot size 6000 square feet . 8. Existing Zoning in the Area : G-6000 9 . Comprehensive Land Use Plan : Single Family Residential 18. Notification : The' applicant was notified in writing of the hearing date . Notice was properly published in the Seattle Times on February 6 , 1980 and posted in three places on or near the site as required by City Ordinance on February 8 , 1980 . C . HISTORY/BACKGROUND: Tile subject site was annexed into the City by Ordinance 1823 dated April 21 , 1960 , at which time the present zoning classification was applied . D . PHYSICAL BACKGROUND: 1 . Topography : The site is basically level sloping gently to the west . The lake bottom drops approximately 5 feet in 170 feet , according to the cross section submitted in the application . J PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISrEN , V-005-80 FEBRUARY 19 , 1980 PAGE THREE 2 . Soils : The houses rests on Indianola loamy fine sand, 0-4% slopes ( InA) . Permeability is rapid , runoff is slow and the erosion hazard is slight . This soil is used for timber . The thick layer of mud lies adjacent to the shoreline under the water . This is a result of sedimentation from and intermittent .stream . 3 . Vegetation : The mud does provide a sufficient base for vegetation to attach to . Free floating vegetation is found in the water . 4 . : Wildlife : The mud provides some habitat for micro- organisms . 5 . Water : Not applicable . 6 . ' Land Use : Single family residence . E . NEIGHBORHOOD CHARACTERISTICS : The surrounding properties are principally single family residential in nature . The area was used in the past fo'r logging operations . There are numerous pilings south of the Nissen residence . F . PUBLIC SERVICES : 1 . Water and Sewer : An 8" water main and an 8" sewer main run north-south on Ripley Lane . 2 .' Fire Protection : Provided by the Renton Fire Department per ordinance requirements . 3 . Transit : Metro- Transit Route #240 operates along 1-405 within 1/4 mile to the east of the subject site . 4 . Schools : Hazelwood Elementary School is approximately 1/3 of a mile to the east . McKnight Junior High School is 1-3/4 miles to the southeast . The high school students would probably attend Hazen Senior High School approximately 2-1/2 miles to the south- east . 5 . Recreation : Recreation is provided by Lake Washington . G . APPLICABLE SECTIONS OF THE ZONING CODE: 1 . Section 4-729 , "G" General Classification District. H . APPLICABLE SECTIONS OF TIHUE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY/STATE DOCUMENTS:a 1 . R .C .W . 90 . 58 . 20 Shorelines Management Act of 1971 . 2 . W.A . C . 173-14-150 , Review Criteria for Variance Permits . 3 . City of Renton Shoreline Mater Program , Section 7 . 12 (Docks and Piers ) , Section 8 .02 (Variances ) . I . IMPACT ON THE NATURAL OR HUMAN ENVIRONMENT: 1 . Natural Systems : Construction of the pier will disturb the water and aquatic life in the vicinity . However , through proper development controls and procedures , these impacts can be mitigated . j PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISSEN , V-005-80 FEBRUARY 19 , 1980 PAGE TWO 2 . Soils : The houses rests on Indianola loamy fine send , 0-4% slopes (InA) . Permeability is rapid , runoff is slow and the erosion hazard is slight . This soil is used for timber . The thick layer of mud lies adjacent to the shoreline . under the Water . This is a result of sedimentation from and intermittent stream. 3 . Vegetation : The mud does provide a sufficient base for vegetation to. attach to . Free floating vegetation is found in the water . 4 . , Wildlife : The mud provides some habitat for micro- organisms . 5 . , Water : Not applicable . 6 . Land Use : Single family residence . E . NEIG1HlM®H811U®®® CHARACTERISTICS : The surrounding properties are principally single family residential in nature . The area was used in the past fot logging operations . There are numerous pilings south of the Nissen residence . F . PUBLIC SERVICES : 1 . , ' Water and Sewer : An 8" water main and an 8" sewer main run north-south on Ripley Lane , 2 . Fire Protection : Provided by the Renton Fire Department per ordinance requirements . 3 . Transit : Metro Transit Route #240 operates along I-405 within 1/4 mile to the east of the subject site . 4 . ' Schools : Hazelwood Elementary School is approximately 1/3 of a mile to the east . McKnight Junior High School is 1-3/4 miles to the southeast. The high school students would probably attend Hazen Senior High School approximately 2-1/2 miles to the south- east . 5 . , Recreation : Recreation is provided by Lake Washington . G . APPLICABLE SECTIONS 1W THE ZONING CODE: 1 . Section 4-729 , "G" General Classification District , H . APtPL]ICAt LE SECTIONS OF THE COMPREHENSIVE PLAN OR ®1fIIi <H8 FrICI[AL CITY/STATE DOCUMENTS: 1 ., R . C .W ." 90 . 58 . 20 Shorelines Management Act of 1971 . 2. W.A .C . 173-14-150 , Review Criteria for Variance Permits . 3 . . City of Renton Shoreline Mater Program , Section 7 .12 (Docks and Piers ) , Section 8 . 02 (Variances ) . I . IMPACT ON THE NATURAL OR HUMAN ENVIRONMENT: 1 . Natural Systems : Construction of the pier will disturb the water and aquatic life in the vicinity . However , through proper development controls and procedures , these impacts can be mitigated . 1 PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISSEN , V-005-80 FEBRUARY 19 , 1980 PAGE FOUR 2 .! Population/Employment : Minor . 3 . , Schools : Minor . 4 . Social : Minor . 5 . Traffic : Minor . J . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , the proposal is exempt from the determination of environmental significance . K . AGENCIES/DEPARTMENTS CONTACTED : 1 . ' City of Renton Building Division . 2 . City of Renton Engineering Division . 3 . City of Renton Traffic Engineering Division . 4 . City of Renton Utilities Division . 5 . City of Renton Fire Department . L . PLANNING DEPARTMENT ANALYSIS:S: 1 ., The applicant is requesting a variance from the Shoreline Master Program which allows a maximum dock length of 100 ' . The applicant proposes to co,istruct a pier of 170 ' in length . 2 .• The site involved is at the mouth of an old stream bed that presently has some intermittent flow. The lake bottom is a shallow shelf consisting of mud varing in depth from 2 to 72 feet at approxi- mately 180 ' feet from the existing shoreline . The mud lake bottom along with the shallow depth of the water causes a major problem to the applicant in using an in-board ski boat . The mud sucks up into the applicant ' s engine . 3 . The Shorelines Management Act governs development on the shoreline . The proposed pier will cost more than the allowed $2500 and a substantial development permit has been applied for . The Revised Code of Washington and the Washington Administrative Code require that specific criteria established under WAC 173-14-150 be applied , The variance is not granted by the City of Renton , the variance is granted by the State of Washington . The City of Renton makes a recommendation to the state and the state must concur in that recommendation for the variance to become valid . The variance criteria differs whether the development is in the water or on the upland portion from a shoreline . The following analysis addresses each of the six criteria to be reviewed by the state : a . "That strict application of the bulk , dimensional or performance standards as set forth in the applicable master program precludes a reasonable permitted use of the property. " The physical limitations of the shelf extending from the residence precludes the use of a standard dock less than 100 ' in length . A 100 ' dock would allow the in-board ski boat to sit in approximately 4 ' of water thus sucking up the mud from the bottom of the lake . This would PLANNING, DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : HERB NISSEN , V-005-80 FEBRUARY, 19 , 1980 PAGE FIVE cause unreasonable damage to the boat and to the property owners . The Shoreline Master Program Section 7. 12 . 03 (C ) (1 ) (a) suggests that 8 feet of water depth is necessary for residential docks . In addition , the Army Corps of Engineers varies the level of Lake Washington for flood control . The lake level fluctuates approximately 2 feet_. In the wintertime it is lower , and in the summertime it is higher . . b . "That the hardship described in WAC 173-14-150 3 ) (A) above is specifically related to the property , and is a result of a unique condition such as irregular lot shape , size, or natural features and the application of the Master Program and not , for example , from deed restrictions or the applicant ' s own action . " The physical limitation is a result of the mud bottom of the lake and a very shallow shelf extending from the property. This shelf extends approximately 180-200 feet from the existing shoreline . In the past , this area was used for a log storage area and the bottom of the lake has added debris from logs . The applicant is not responsible for the natural feature of the lake bottom . c . "That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or to the shoreline environment designation . " The property owner to the north has requested a similar pier (see File No . V-006-80) . The property immediately adjacent to the north of that site presently has a pier which is approximately 170 ' long . The natural underwater shelf continues to narrow as it goes to the north and approximately 3 more residences to the north the docks can be of standard size . The area to the south has been used in the past for a log storage facility and substantial pilings piers were constructed . The pilings still remain and the area is basically developed to a point of at least 200 ' from the shoreline with the pilings . Therefore , the design of the project appears to be compatible with the other established and permitted activities in ther:area nand it r; will not cause .an adverse effect to the adjacent properties . d . "That the request for the variance will not constitute a grant of special priviledge not enjoyed by the other property owners in the area and will be the minimum necessary to afford relief . " The length of the dock at 180 ' will be minimum necessary to allow the functional use of the moorage site for an in-board ski boat . It will not be a special privilege in that there are other examples of existing docks which are in the approximate neighborhood of 160-180 feet in length . e . "That the public rights of navigation and use of the shoreline will not be adversely affected by the granting of the variance . " PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING ; HERB NISSEN , V-005--80 FEBRUARY 19 , 1980 PAGE SI,X The numerous pilings to the south already provide a blockage of navigation within 200 ' of the shoreline . The existing single family residential dock to the north provides another blockage . Therefore the area inbetween will not appear to infringe upon that public right , it would be continuation of the existing patterns established along the shoreline at this time , f. "That the public interest will suffer no substantial detrimental affect , " The public use of the shoreline has been eliminated by previous subdivision of the shoreline in this area . The use of the water surface itself has been limited by previous development and by the fact that the , area is very shallow (less than 7 ' ) . It would appear that the public interest is not going to be substantially impacted in a negative manner by the proposed development of the site . 4 , :The proposed pier is built of open pile construction as required by Section 7 . 12 , 03, of the Shoreline Master Program , 5 . The length of the pier at l70 ' appears to provide more than enough length to allow the docking of more than one boat . The dock should be used exclusively by the property owner for his use . It should not be used on a commercial basis for other individuals . Moorage space is at a premium throughout the Pacific Northwest and approving a dock which could allow more than personal use should be discouraged . 6 . , Section 7 . 12 . 03 (C) ( 1 ) ( 6) establishes the maximum dock width at 8 feet . The proposal shows a 12-foot width . Therefore the plans will have to be modified or a variance requested , 7 . The applicant has not submitted justification to substantiate the variance request . The contractor alludes to accurate soundings ; however , nothing was provided to the Planning Department , A cross section of the lake bottom and pier were submitted without supporting data . M . DEPARTMENTAL RECOMMENDATIONS: Based upon the above analysis it is recommended that the variance request , File No . U-005-86 be approved with the following. conditions : 1 . Submission of data to substantiate the depth of the water as depicted on the cross section , 2 . Narrowing of the dock to 8 feet from 12 feet . 3 . The filing of restrictive covenants that would preclude the use of the pier for any commercial purposes . T If I II I), n,4 —:\ \\p1,41,1w, i 11 6C)c$ ti 4 \ t1- ./.(,.,.),4II a . iK 72 - - eca<mi,- ._. T___. _— I s0 I f i i /4,4 J f 1 he3 g 14e, I31 137 41 y'¢ Oi.e,:ii /! / L)aeo»sw mte mevsea,, ___ 77 I 7/ 4p,0/1 5 \ IW AAAAA 3. j c.,5 1„,.„:„.___-;-",7 //I le4j--°'\.4011 9, 00 ., _L___i 1/' L4' //// l I 1i 197 102 I il•7 _ '1 ' iY \ _23 14D 175 I32fI/ / 1 4/ ' ,.." A t la 7,-;soA47l — t lrip[11:1 111 3 _ : ._ , I • i r S" 4. I ems._6` 4: 1,1 I tg D—__ --- I1I—: ziJll ILIi W.(( Iv C Uc b I 1_ i " I 7 __Z 7 I D i ' 11 7 4,: r 5 1 - 10 !. i t_. n TM T _—.. _-- l' 1,,I` / e 7 I( --'-I,- w--- J71.:—; ..'..^1;..7;,r 'yy l'i_—L> .Ci___—_--__ -._—_ J3. U_ e,i STrU9U7 - 1co w..n.. o r.sac 1 ryjI` 10, i... 5 i HERB NISSEN 1 1 F E t APPLICANT Herb Nissen TOTAL AREA + 7600 sq feet i t PRINCIPAL ACCESS Via Ripley Lane North i EXISTING ZONING G-6000 EXISTING USE Single Family Residential PROPOSED USE Single Family Residential - dock I i COMPREHENSIVE LAND USE PLAN Single Family Residential COMMENTS 4 i 1 i 1 I I d, j t HERB NISSEN 0 SHORELINES VARIANCE FILE NUMBER V-005-80 g i _7 "j p ff y J`w5 m 1 o. r © ® i e may ._. . C t Ili. _i . '•'.. i . it—r. j H w 310 Herb W. Nissen 5201 Ripley Lane North Renton, Washington 98055 City 'o'f Renton Municipal Building Renton, Washington 98055 Attention: Mr. David Clements Senior. Planner Dear Mr. Clements: The treason we would like to build our dock to extend to 170 feet is because of the depth of the water. Right now at low water at 170 feet from shore, we have approximately 4 feet of water with muddy bottom . Due to the muddy lake bottom, if we were to moor our boat closer than the 170_ feet, the props on the boat would kick up mud from the bottom of the, lake and plug up the intakes for the cooling system to the engine. In conclusion, we need the 170 feet length to have sufficient water depth for boats to moor. Very truly yours, Herb W. Nissen 01/1b i Kenton Planning Department DEVELOPMENT APPLICATION REVIEW SHEET Application : l/B1W M,1 0,0= Si®c e_A7 ELIg 1A Iry Location :.-._ 4-01of Rep y TO : Parks Department SCHEDULED HEARING DATE:_ g Police Department A, R, Co MEETING c7/ O - Y Public ;t rks Department ie Engineering Division Traffic Engineering Building Division Utilities Engineering Fire Department COMMENTS OR SYIGGESTIS REGARDnI !G THIS A P(sICATJ.OP SHOULD TW . I OVID -DNWdNGFORTHEAl6LICATIONREVIEWCONFERENCE (ARC) 10 3L. HELD ON 7 ® AT 9200 AM IN THE THIRD FLOOR CONFERENCEMGM„ IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE C AI ETOE WILLLL NOT I31_ ABLE TO ATT. N THE ARC; PL.-ASE PROVIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY 5: UO PM ON .--,2/ 0712 a REVIEWING DEPARTMENT/DIVISION: Approved x Approved with conditions;Not Approved Si cnature of Director or Authorized Repre en ati ve Date REVIEWING DEPARTMENT/DIVISION: Approved Approved with conditions Not Approved 1 J Si mature' of Director or Authori zed Reriresentati v,Date enton Planning Department -' 1 DEVELOPMENT APPLICATION REVIEW SHEET Application : ag_ECe.,_ ae 8- Ere '6A v-ofun 's/ems• gsyr484,7 e_osst'UP .o tei-- 76' w211 zm %C 9I)64,6 too'0go I•d.•/ q G,r3 Ala 5417 614 Location c®! aiplev Lea /V. Appl icant'° . Ate, e ere4 TO : Parks Department SCHEDULED HEARING DATE : 69. Police Department A. R. C. MEETING_. 7/ e, PUb1ic Works Department Eng•ineerin'g Division PL `, . Traffic Engineering hi./t`flith .0'`; FEBzooBui ] d 'flg Division ls i/tilit•ies Engineering R- Fire Department AG' DEPNC Y. II N,f D I4/J rIIT NGRF( 5 Cl T l'I'LS.IC ONI ZEV IJSCUVFF(F C) SHOULD F - ONTO D ARC) 10 BE HELD ONchiAT9:00 AM IN THE THIRD FLOOR CONFERENCEROM, IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE WILLNOTBE' ABLE TOATTENDTHEARC,ASPLEE PROVIDE THE COMMENTS TO THE rLANNING DEPARTMENTBY5: 00 PM ON REVIEWING DEPARTMENT/DIVISION: _.. = Approved Approved with conditions Not Approved HA<SV" d''-t i .=1 f rt*' 7u 4, 7?-6-7‘34,&6;e®iti°g 'vr,1 #96°67,100i. ' or 77e ,e,e/t/// eft-1 /,AFeF ecl,C?E — ,see. /.7'awc.--,0 cs ,,,,, 41---',6 , ,(7. 4 i T 44atedRepresentative REVIEWING DEPARTMENT/DIVISION : i . Approved Approved with conditions k Not Approved 4',,,.r' /5 /, -cam 06'I-4=-- e._ i'1-"j2 r I 7L'0 `' 'z. G' • I 1Wd., I . Sic nature of Di recto7 or Authorized Representative Date 4 t •Appenuix F UNIFORM FIRE CODE 19:6 EDITION ppendix F I 115 Containers with tight-fitting or self-closing 1: I- ••1i• '' l)e' pr-APPENDIX loci'for the temporary storage of combustible trash or rubh:,1t. ll electrical equipment installed and used must he in accord- r MARINAS e with the Electrical Code as it applies to .vet, clamp and hazardous Such facilities shall conform to the requirements set forth in the itiuns. y Fire Code and NFPA Standard No. 303 except as herein provided.I. FIRE PROTECTION EQUIPMENT ill si1. GENERAL All piers, wharves, floats with facilities for mooring or servicing fiveiPlansformarinafireprotectionfacilitiesshallbeapprovedbytheormorevessels, and marine service stations shall be equipped with fireS Fire Chief or authority having jurisdiction prior to installation. The protection equipment as follows: completed work shall be subject to final inspection and approval after a) All portions of floats exceeding 250 feet in distance from fire l l installation. ipparatus access and marine service stations shall be provided with an approved wet standpipe s stem, installed in conformity with applicable2. DEFINITIONS y standards set forth in NFPA Standard No. 14 and Article 13 of this K a) FLOAT shall mean any floating structure normally used as a Code. point of transfer for passengers and goods and/or for mooring pur- 1. Hose stations shall be so spaced as to provide protection to any poses. portion of floats or floating vessel. Hoses shall be mounted on a b) MARINA shall mean a portion of the ocean or inland water reel or rack and enclosed within an approved cabinet. Hose sta- E't; either naturally or artificially protected for the mooring, servicing or e tions shall be labeled "FIRE HOSE — EMERGENCY USE safety of vessels, and shall include artificially protected works; the :`' ONLY". All equipment sh rll meet the approval of the Chief. public or private lands ashore; structures or facilities provided within At the shore end, the waterline shall be equipped with a single the enclosed body of water and ashore for the mooring or servicing of 2i•'s-men fire department connection. vessels or the servicing of their crews or passengers. T 3. L'aterlines shall normally be dry where area is subject to freez- N Pk...' az • c) PIER shall mean a structure built over the water and supported ;ri ing temperatures. 1 by pillars or piles: used as a landing place, pleasure pavillion, etc, b) Piers and wharves shall be provided with fire apparatus access r> • d) VESSEL shall mean every description of water craft, other roads and water supply systems with on-site fire hydrants as may bethanseaplaneonthewater, used or capable of being used as a means ryv required by the Chief. Such roads and water systems shall conform to t of transportation. Article 13. 1.ry.: e) WHARF shall mean a structure or buLk head constructed of 'g wood, store, concrete, etc., built at the shore of a harbor, lake or river :r-u; 5. PORTABLE FIRE PROTECTION EQUIPMENT ii !, r_________ for vessels to lie alongside of, and piers or floats to be anchored to.p j, a) Ore fire extinguisher, 2A; 20-B:C_rating minimum, shall be REGULATIONS provided in each hose station required. • F:3. FIRE PREVENTION R b) The Chief shall designate the type and number of all other firea) Persons having charge or control over any structure, including ,; w appliances to be installed andmaintain in each marina.1 pier or wharf,shall not allow the deposit or permit the accumulation ofIvcombustibledebrisorrubbishonlandbeneathsuchstructure, pier ,,, ;t or { 6. TRANSMISSION OF ALARMSwharf. Means shall be available for the immediate notification of the Fireb) No person shaII use any open flame device for maintenance or •,-::"l. Department. repair on any vessel, float, pier or wharf without a permit. r c) No person shall use anyportable barbecue, brazier or cooking "'" :` 7- MAINTENANCE OF ACCESS sw.r device on any vessel, float, pier, or wharf without a permit. y,-Mt 13Access shall be provided and maintained in accordance with Articled) Any open flame device used for lighting or decoration on the a , i exterior of any vessel, float, pier or wharf must be approved by the »-',s Chief. 1.`' 8. MARINE SERVICE STATIONS Marine service stations shall conform to Article 15.i - e) Any spills of flammable or combustible liquids at or upon the ;. 0 ' water shall be reported immediately to the Fire Department or Juris- 'V ; dictional authorities. E: it l 2 t3 j 281 a:. s. ".' . t,;s oN:b- :.::-,., .s:`. -t„ s- x_i3>7 v..r0 a,.,rs' °i...+.:;;, c.- r ;,?... -..,.. ...,. .._:.. ...'. ,, ._.:,`= ..,. 4r,:' - ne..a aye= i`:_" o$ -_ '-`' ,•,aa`L .b - ,-;k'€'-,x'— ,,.iS k. i . X.;G-5 y,. r ti,,.;.S .,,. ri/ Herb W. Nissen 5201 Ripley Lane North Renton, Washington 98055 City of Renton Municipal Sui'ldi'ng Renton, Washington 98055 Attention: Mr. David Clements Senior planner Dear Mr. Clements: The reason we would like to build our dock to extend to 170 feet is because of the depth of the water. Right now at. low water- at 170 feet from shore, we have approximately 4 feet of water with muddy bottom . Due to the nuddy lake bottom, if we were to moor Our boat closer thAn the 170: feet, the_ props on the boat would kick up mud from the, bottom of the lake and plug up the intakes -for the cooling system to the engine. . I'n conclusion, we need the 170 feet length to have sufficient water depth: for boats to moor: Very' truly yours, J .L4 G"GG'/ „d.t" Herb W. Nissen v.,1itz 12 A ittrVeelsr, 'AZ,ei,.z:',.4.--4-Z.,,,4' - i,: 1 114 ',I( 91161 tttot 1t.„',, rv - xt i%, 4-4 if41 1,-,-9- '-A,. .. 44,„1 14N 14,A0v. 4,,ada" 414 "4"14.rk4 ,A4 i'.1',4'.zr'' ',.•,C :1 ' er.4 4,t, ..„,,,,,,, ,, * .,.,,,,, e kk. 14.1:;:r . ,:i‘1,1 ,4 t.4 7,ti, t ,..t .'-`- '')..,L.r ' 4,0 I GENERAL LOCATIIPN: AND, • -",'. ADDRESS: PROPERTY LOCATED AT 5201 RIPLEY LANE NORTH LEGAL DESCRIPTION- LEGAL DESCRIPTION ON FILE IN THE RENTON PLANNING DEPARTMENT i S P 4STEID TO N'OTIFY P'trwir,PERTY OW ;ES OF 44 l J,,,, ,.t''' t:4-. A 14,— . f44h'-' ,),v.- TO BE HELD. IN CITY COU-.CIL CHAM4,EFIS., MUNICIPAL tUILDI ..,sG 0 sr' FEBRUARY 19 , 1980 AzEGINNI :G AT 9 :00 AM Vio M. s 0- istNcNE .,, 1, , ; [TE , ,.: . ,1 4 .. 4 g qt illIA ei PL, XaNg I0 '14.447.4 terVills.ITV* ' .46,414011 0441.0%. 4444#145‘ eiN, 2II ' 1.1"Fi, [I/4 pcmzzi1 k,....„) .. ,. i 0 --k. 411"' A, r% 4, IV evg lit A rk, 1 1-IP* it:, h. i A%II f. t g--, , I illir" 2 ' ,to' r,..: ' ' '.,; 44' i P.1 e . 441 : *' .'".' ' ti1174 , '''''' ". -10 p li ,- ',.A 3,— 0 , ., .;. ,, ',/, , = ,., i jl 'VARIANCE FROM THE SHORELINE MASTER PROGRAM TO EXTEND DOCK 70- FEET BEYOND 100 FOOT MAXIMUM ALLOWED FOR FURTHE?' INFORPAATI*N CALL 235 2550 THIS NOTICE NOT TO ;E REMOVED WITHOUT PR*PER AUTHORIZ '.TOON OF R1/ 0 THE CITY OF RENTON U `O © z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 0 ammo BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT 9 42- 235- 2550 0947. SEPTE• February 1 , 1980 Richard Seaborn Waterfront Construction Company 925 2nd St . South Kirkland, Washington 98033 RE : NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATION FOR VARIANCE FROM SHORELINE MASTER PROGRAM, File V-005-80 ; property located at 5201 Ripley Lane North Gentlemen : The Renton Planning Department formally accepted the above mentioned application on December 6 , 1979 . A public hearing before the City of Renton Hearing Examiner has been set for February 19 , 1980 , at 9 :00 a .m. Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550 . Very truly yours , Gordon Y . Ericksen , Planning Director By : Rog r J . Bla loc Associate Planner cc : Herb Nissen 5201 Ripley Lane North Renton , Washington 98055 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON , WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON , ON FEBRUARY 19 , 1980 , AT 9 :00 A.M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . DUNN LUMBER COMPANY, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT LUMBER STORAGE BUILDING IN B-1 ZONE , File SP-004-80 ; property located at 120 Factory Avenue North . 2 . RICHARD SEABORN , WATERFRONT CONSTRUCTION COMPANY, FOR DONALD DANA , APPLICATION FOR VARIANCE FROM SHORELINE MASTER PROGRAM, File V-006-80 ; property located at 5219 Ripley Lane North . 3 . RICHARD SEABORN , WATERFRONT CONSTRUCTION COMPANY, FOR HERB NISSEN , APPLICATION FOR VARIANCE FROM SHORELINE MASTER PROGRAM, File V-00 '-80 ; property located at 5201 Ripley Lane North . Legal descriptions of files noted above are on file in the Renton Planning Department . ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON FEBRUARY 19 , 1980 AT 9 :00 A .M . TO EXPRESS THEIR OPINIONS . PUBLISHED : February 6 , 1980 GORDON Y . ERICKSEN , RENTON PLANNING DIRECTOR CERTIFICATION I , Steve Munson , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST : Subscribed and sworn to before me , a Notary Public , on the 31st day of January , 1980 . SIGNED : 7 r l c LC'cam MA WATERFRONT CONSTRUCTION COMPANY larZga 925-2ND ST. SOUTH 827-8975 r'-.r KIRKLAND,WAEHN 9ES03 December 3, 1979 i OZ? City of Renton Planning Department Renton, Wash. Re: Herb Nissen 5201 Ripley Ln.N. Renton, Wa 98055 Gentlemen: As legal agent for the above, I am requesting a vari- ance of 70 ' from your 100 ' maximum length requirement as outlined in your master program. This 170 ' long pier will be a framed structure constructed on piling. We are also requesting that three mooring piling be driven outside the 100 ' limit. After taking several accurate soundings it has been deter- mined that there is a shallow water shelf in the area. This shelf. runs in a Southerly direction for several hundred feet and a Northerly direction for a few hundred feet, then the water depth returns to normal. Without the granting of this variance, Herb Nissen cannot use his property for boat moorage beyond a small ski boat. Because this shallow water shelf extends even further than the proposed pier, this project will not hinder the normal navigation of vessels in the area. The proposed length of the pier is not unusual to piers in the surrounding vicinity. I feel the project will be in harmony with the general purpose and intent of the master program. If you need further comment or have any questions on this project please call me at anytime. Sincerely, 2 J RICHARD SEABORN Permits & Sales Mgr. RS :fg CITY OF RENTON, WASHINGTONit.f. ` OM- APPLICATION DEC 6 ; . SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO. SM- PUBLICATION DATES SEC. -TWP. -R . DATE RECEIVED COMPREHENSIVE PLAN DATE APPROVED ZONING DATE DENIED WATER BODY APPLICANT TO PROVIDE INFORMATION REQUIRED IN ITEMS 1 THROUGH 14 BELOW: 1 . Name of applicant Richard Seaborn of Waterfront Const. Co. , Inc . 2 . Mailing address 925 2nd Street S. , Kirkland, Wa 98033 Telephone 827-8976 3. Applicant is : DOwner Lessee Contract purchaser Other (specify) Contractor 4 . Name and address of owner, if other than applicant: Herb Nissen, 5201 Ripley Lane N. , Renton,WnTelephone 255-0968 5. General location of proposed project (give street address if any or nearest street ,and intersection) 5201 Ripley Lane North, Renton, Wa 98055 6 . Legal description (if lengthy, attach as separate sheet) As per attached. Area (acres or sq. ft. )N/A 7. Name of adjacent water area or wetlands :Lake Washington 8 . Intended use of property: Boat moorage. 9 . Generally describe the property and existing improvements : Private single dwelling. 10 . A. Total construction cost and fair market value of propg.s.ed _ = ,, project including additional developments contemplated bud no`tL:./Vj included in this application: 8 ,200 C,;; '.s;.\ B. Construction dates (month and year) for which permit is 'reque.s.ted 14' Begin March 9 ; 1979 End March 1979 11. Does this project require a shoreline location? " Explain. Yes 12 . List any other permits for this project from state, federal , local governmental agencies or the City of Renton for which you have applied or will apply, including the name of the issuing agency, whether the permit has been applied for, and if so, the date of the application, whether the application was approved or denied and the date of same, and the number of the application or permit..: Army Corp of Engineers Dept. of Ecology City of Renton 13 . Site and vicinity maps (Refer to application instructions) : As per attached 14 . Additional information: We propose to construct a pier 170 ' in length for private boat moorage. STATE OF WASHINGTON ) ss CITY OF RENTON I , I C c ,.. C N' 4 being duly sworn, certify that I am the above-named applicant for a permit to construct a substantial development pursuant to the Shoreline Management Act of 1971 , and that the foregoing statements , answers , and information are in all respects true and correct to the best of my knowledge and belief. Signature) Subscribed and sworn to me this CQt day of c'i 75 J Orb. otary Pu c in an or t — State o • W s^h ' ngto4i, resi i g at l, !c c l dl a v City of Renton Planning Dept. 2-73 0 F AFFIDAVIT I-Lb/if/LI) Ajell A/ZITS-/Y/A/ being duly sworn.-,: de:O.arkethatI am the 'owner of the property involved in this application and-that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this /6) day of 19 7/ 9, Notary Public in and for the State of Washington, residing at L AfYIWArz, Name of Notary Public) Signature of Owner) g )40 • .9fih 67.(-02t.g-u 2; 2,, p Address) Address) 2.) City) State) r 2 Telephone) 9 171-R-- FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected •by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing_ the41ing of such application . 17: agiuDateReceilre.u.i,t-," 19 79 ./3y: (f/bort-ti., OCT 12ii Renton Planning Dept . 1// 2-73 fkcst:\ ,./ 334330 2QS0 rya 01 I?IPIEY LANE NORTH 980SS HISSEI TIER® Q1fl7Y e'Ji©13 1 Z rcu 227'44 w 031 3 003 e•z 1 3 1 1•4TM NE Nt 29 tea 24 Ew OS instraa LOT 35=36 BLOCK C • HILLfif1IIS LK HA GARDEN OF EDEEI 0 336 8 S11 LDS ADJ 8 POP OF 3S a SH LOS CDJ SLY OF la RHG c1 89 DEG 31 MIN 09 SEC A 131. 42, FT TES GI t 8 DEG 41 NIA 39 SEC A 228 FT FR PT 19 FT SLY OF SE COR OF 34 5000 T 645.1 03/16/73 03/03/7(3 364116 220001REC. TRUST 7$ 10000 T. M1 00/01/73 10OZR61LUELFU 73 OZ/22/77 395059 ISl1(0 TRUST tl 76 11500 T 2:51 12/07/74 REJALUED 1 09/20/77 433005 500001DEEL1 77 S 33500 I 21e1 O4/10/76 REUCIlUEO 78 49500 T 12151 ,04/16/77 REUr1LUED 8,0 95400 I 12151 05/2cS/?9 REVALUED Y LAND DATA 1 ---- --- . DUIL©IIIG DATA ZONE ACTUAL RES SEWER AVAILABLE YES USE TYPE SINGLE BASEMENT AREA 1330•FIPEPLAC. SINGLE HOB'•, HIGHEST I @EST YES STORK SUER MO USE FINISHED AREA •1330 MULTI-FLOOR NO7; aLUE UNIT SITE MGM UTILITIES PARTIAL UNITS 1 DAYLIGHT YES: FREE-STANDING NoW, IT VALUE 15000 HATTER SYSTEM H-DIST YEAR GUILT 1979 E;ITERIOR BRICK HOME WATER SUPPLY STAN x COMPLETE 80% ExTERIOf3 STONE NONE .PORCNES WATERFRONT LAKE EFFECTIVE YE11 1979 OATHS FULL 2 OPEN Za`' LOT WIDTH DOCK SUIT BATEIS 3/4 1 ' AECIL DMiOTOUSE63OLEc-Iire,0= ' TIDELANDS HO GRADE R1-10400% BATiAS 1/2 NONE DECK g LOT DEPTH 175 VIEW T11i(-SNK-LAUAD 1 POOL F1REA NOW: DEPTH USEABLE 82 LAKE EXCEL STORIES 2. 0 OTHER SINGLE NONE STREET ACCESS SUS, TERRITORIAL ST(IN TOTAL ROOMS 9 QUILT- INS NONE ALLEY 11O DINING YES ADEQUATE GARAGE STAR CURDS 8 GUTTERS HO • UTILIZATION GOOD • FAIT I LY-DEh1-AEC a €1Sf1T. GAR. AREA .HONE STREET SURFACE ASPHALT RESTRICTIONS SU© DEDROOMS •4 ATT. GAR. AREA PSOPIE CONCRE1E i E1 W TRAFFIC LIGHT EX T, HU I S@LACES STAAN CET. GAR. AREA 940 ASPHALT; AREA 0 _Jim'PERMS. REVIEW NO :FIRST FLOOR AREA 1340 DEL. G.R. GRADE 9 ODSOLESENCE UPPER FL AREA 1050 EFFECTIVE YEAR 1979 UHF IN. FULL STY NOME PRRc.ING STALLS 3 HEATED AREA 1 FINISHED ATTIC MEAT SOURCE HO (EN AREA SOME HEAT SYSTEM RUNFIM ATTIC AREA NOH PFRn RcuIcu qsW 1HP INC CITY OF RENTON, WASHINGTOfJ ENVIRONMENTAL CHECKLIST FORM FOR OFFICE USE ONLY • 7n O11 ` Application No. V— (Y..):3 r _ Environmental Checklist No. L PROPOSED, date:FINAL , date: 0 Declaration of Significance Declaration of Significance Declaration of Non-Significance Declaration of Non-Significance COMMENTS : Introduction The State Environmental Policy Act of 1971 , Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals . The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required , or where you believe an explanation would be helpful to government decision makers , include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed , even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I . BACKGROUND 1. Name of Proponent ;`i . /.:. . ( 5 c° r. 44 •V l 5 2. Address and phone number ofProponent: 4 f y I.tw f•, . "(. ?(' ,• i Li /'`,a k. 1 i 4.e / /.i14 S (1_ 4 e, t) re,• r'T .c-%art/ /.Fy( l,/i2_ 3. - Date Checklist submitted 4. Agency requiring Checklist 1' :_; c `f' } ,"r., fir. A 5. Name of proposal , if applicable: 6. Nature and brief description of the proposal (including but not limited to its size, general design elements , and other factors that will give an accurate understanding of its scope and nature) : Llf' , <' 9 IC,. / E.n a .E. y ) y,.- - t f. 7 -1 r J 69'x t, [• /• .-? 1,1 £ c .i,'x.. F./ ti'/ ' s />G1 c i' 7 A'_,f!,' /1 1 2— r. 7 . Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts, including any other information needed to give an accurate understanding mental setting of the proposal ) : g. Estimated date for completion of the proposal : 1 f / / tip r r 9. List of all permits , licenses or government approvals required for the proposal federal , state and local --including rezones) : p 49 c i 10. Do you have any plans for future additions , expansion , or further activity related to or connected with this proposal? If yes , explain: 11. Do you know of any plans by others which may affect the property covered by . your proposal ? If yes , explain: 12. Attach any other application form that has been completed regarding the pro- posal ; If none has been completed, but is expected to be filed at some future date, describe the nature of such, application form: 1 II . ENVIRONMENTAL IMPACTS Explanations of all "yes" and "maybe" answers are required) 1) Earth. Will the proposal result in: a). Unstable earth conditions or in changes in geologic substructures? TES- MAYBE ND b) Disruptions , displacements , compaction or over- covering of the soil?YES MAYBE NO c) , Change in topography or ground surface relief features? ES MAYBE NO d) The destruction, covering or modification of .any unique geologic or physical features? YES MAYBE NO e) Any increase in wind or water erosion of soils , either on or off the site?YES MAYBE NO r f) Changes in deposition or erosion of beach sands , or changes in siltation , deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? YES M YBE NO Ez ln: 3- 2) Air. Will the proposal result in: a)' ',Air emissions or deterioration of ambient ai r quality? YES MAYBE NO b) , )The creation of objectionable odors? YES MAYBE NO c). Alteration of air movement, moisture or temperature, • or any change in climate, either locally or regionally? 6 YES MAYBE NO Explanation: 3) Water. Will the proposal result in : a) Changes in currents , or the course of direction of water movements , in either marine or fresh waters? YES MAYBE NO b) Changes in absorption rates , drainage patterns , or the rate and amount of surface water runoff? yl YES MAYBE N'O c) Alterations to the course or flow of flood waters? YES MAYBE NO d) Change .in the amount of surface water in any water body? YES MAYBE NO e) Discharge into surface waters , or in any alteration surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? YES MAYBE' NO f) Alteration of the direction or rate of flow of ground waters? YES MAYBE NO g) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? YES MAYBE NO h) ' Deterioration in ground water quality, either through direct injection , or through the seepage of leachate, phosphates , detergents , waterborne virus or bacteria, or; other substances into the ground waters? YES MAYBE NO i ) Reduction in the amount of water otherwise available for public water supplies? r YES MAYBE N0' Explanation: 4) Flora, Will the proposal result in: a), Change in the diversity of species , or numbers of any species of flora (including trees, shrubs , grass , crops , microflora and aquatic plants)? YES MAYBE NO b) Reduction of the numbers of any unique, rare or endangered species of flora? YES MAYBE NO d) ' Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing species? YES MAYBE iD d9' Reduction in acreage of any agricultural crop? YES MAYBE NO Explanation: 4- 5) Fauna. !Will the proposal result in: a) Changes in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles , fish and shelifish , .benthic organisms , insects or microfauna)? YES MAYBE NO b) Reduction of the numbers of any unique, rare or endangered species of fauna?Ni,, YES MAYBE NO c) Introduction of new species of fauna into an area , or result in a barrier to the migration or movement of fauna? YES MAYBE NO d) Deterioration to existing fish or wildlife habitat? YES MAYBE NO Explanation: 6) Noise. Will the proposal increase existing noise levels? ;sue YES MAYBE NO ExpI anati on: 17crc-4.,.;, ', 'd r' , G Y i / 7) Light and Glare. Will the proposal produce new light or gla.'re? YES MAYBE NO Exol%anati on: 8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? YES MAYBE NO Explanation: 9) Natural Resources. Will the proposal result in: a)' Increase in the rate of use of any natural resources? YES MAYBE NO b) Depletion of any nonrenewable natural resource? x YES MAYBE NO Explanation: 10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, ' but not limited to, oil , pesticides , chemicals or radiation) i'n the event of an accident or upset conditions? YES MAYBE NO Explanation : 11) Population. Will the proposal alter the location , distri- bution, density, or growth rate of the human population of an area? YES RAM" NU— Explanation: 5- w.'"` ( 12) Housing. Will the proposal affect existing housing , or create a demand for additional housing? YES MAYBE NO Explanation: i t ; 13) Transportation/Circulation. Will the proposal ,result in : a)•7 Generation of additional vehicular movement? YES . MAYBE • NO b), ' Effects on existing parking facilities , or demand for new parking? YES MAYBE NO c)i. Impact upon existing transportation systems?YES MAYBE NO di ',' movementons to of peoplesentand/ortgoods caf circulation or L. YES MAYBE NO e) i Alterations to waterborne, rail or air traffic? YES MAYBE NO f) ' Increase in traffic hazards to motor vehicles , bicyclists or pedestrians?YES MAYBE NO i Explanation: 14) Public Services. Will the proposal have an effect upon , or result in a need for new or altered governmental services in any of the following areas : a) Fire protection?YES MAYBE NO s a) Police protection? YES MAYBE NO c) Schools? YES MAYBE 0 Id) Parks or other recreational facilities? e YES MAYBE NO e) Maintenance of public facilities , including roads? YES MAYBE NO f) Other governmental services? YES MAYBE NO Explanation: 15) Energy. Will the proposal' result in: 1(a) Use of substantial amounts' of fuel or- energy? YES MAYBE NO b) . Demand upon existing sources of energy, or require X. the development of new sources of energy? YES MAYBE NO Explanation: 16) Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities : • a)• Power or natural gas?YES MAYBE NO b) ,. Communications systems? YES MAYBE NO c) Water? YES MAYBE NOV VI- d) Sewer or septic tanks? YES MAYBE NO e) Storm water drainage? YES MAYBE NO f) Solid waste and disposal ? Y YES MAYBE NO Explanation: 17) Human. Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding mental ;health)? i YES MAYBE. N Explanation: 18) Aesthetics. Will the proposal result in the obstruction of ' any scenic vista. or view open to the public, or will the proposal result in the creation of an aesthetically offensive site•iopen to public view?. YES MAYBE NO Explanation: 1 19) Recreation. Will the proposal result in an impact upon' the quality-.or quantity of existing recreational opportunities? il YES MAYBE NO Explanation: 20) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? i, YES MAYBE NO Explanation: III. SIGNATURE I , the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosur.- on my part. Proponent: roe-,,. 4% .•-- -'" .-- Isigned) e•p.,,,1,,,C.-..'"ej name printed) City of Renton Planning Department 5-76