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'X12" GLU-LAI BEAM ATTACHED TO EACH SADDLE USING 3/4" THROUGH BOLTS 3/4' THROUGH BOLTS ON 3' CENTERS -TVP. T x1' PLASTIC 11 IRU -FLOW RATING STEEL E BRACKET NAIIER5 (EYP.) X15 GALVANIZED 3. EL 'I" BEAM 6'X16" GALVANIZED air SADDLE 1/2' THICK PROPOSED TOP VIEW "A - A" IW = 1' 4 -O" pIO� 2x4 HAILERS PLASTIC THRU-FLOW 2'-6" TO 3' ON GRATING FIRST 30' FROM SHORE 20 STEEL -T� ANGLE BRACKET 2'f %'X12' all-LAMl BEAM ATTACHED TO EACH SADDLE USING q.3/4' THROUGH BOLTS W6X15 GALVANIZED 3'03'X16' GALVM6ZED STEEL T BEM STEEL SADDLE 1/2- THICK (TVP.) 5/13' GALVANIZED STEEL PLATE NEW STEEL. PILES A PROPOSED SECTION VIEW "A - An 6 112"= 1' ,-)ja 7i Ling ❑ viS , IG_.} ��- PAGE 9/11 MAN-%, MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E-MAIL: DOCKSCMARINELLC.COM FAX: (425) 576-8669 Me ,° w` K cm M �,® W. , 4'X8' STRINGER 6'-0" -,,,,--EX. DOUGLAS FIR DECKING O.H.W. 6'x8" CAP 4'x4' UNTREATED �WOOD PILING B EXISTING SECTION T - B" 8 112" = 1' 4'X8' STRINGER E 11 r � I I � V 1 � � r O.H.W. `-44" .ABLY _ Irl'CP ;D, 2't ABOVE OHWL NEN PLA5TIC THRU-FLOW GRAIM DECKING 17' O.C. 4. 2'f ABOVE OHWL � B'7(8' CAP =2'WI 6" STEEL PILE STRINGER (TYP.) 4 X8" STRINGER (TYP.) PROPOSED SECTION T - B" 112" = 1' I PAGE 10/11 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSGIMARINEI-MCOM FAX: (425) 576-6669 AW w°;'„;` K � ;,,,m„®� � �` -1'x3' THRU—FLOW PANEL FASTENED AT 6 PLACES EA. TH R N.T.S. 3" MARINE GRADE SS SCREW 3/4" THROUGH—y DOLTS ON 3' j CENTERS—TYP. 1 EL PLASTIC THRU—FLOW GRATING T -3X4 NAILER 1 ~-3/4" GALVANIZED 5�"X12" CARRIAGE BOLT GW—LAM AT EACH CONNECTION (-D-"� CONNECTION DETAIL '9v N.T.S. . 3" MARINE GRADE SS SCREW 3/4"x12" DRIFTPIN ' (2) 3/4" r THRU--BOLT AND r NUT a 4 U6"x8"x12" U—CAHNNEL BRACKET `. PLASTIC THRU—FLOW GRATING ,--4"x6" STRINGER "x8" CAP 1/2" THICK ,�� •' 3/16 V 6" STEEL PILE E CONNECTION DETAIL AQ) N.T.S. 51DE VIEW I PAGE 11/11 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS®MARINELLC.COM FAX: (425) 576-8669 � ,°";'; R � °,� � ='� LAKE FOREST PARK W J W In JERRY BRENNAN PIER PERMIT KENMORE JUANITA TVAJ., MRKLAND EXHIBIT 2 "i N 38TH Sr 2. EXISTING SITE PLAN Y� EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5, N 37TH ST 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW N 36TH ST N 36TH ST N 35tH ST 3 2 Q z - N 34TH ST SITE 4 N 33RD PL a j N 33RD ST" d 2 N 32ND ST x. N 32ND ST City Of p 5 N 31ST ST anning IVISIar1 VICINITY MAP/NO SCALE JSEC: 31 -24N -05E FEB 19 �U10 LAT: 47' 31' 21.8204' LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON JOB SITE ar.rmm wwr R€NTON LAKE MAPINO SCALE -iaa4r1a slON 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5, PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP ' AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. 12' DOCK: SECTION VIEW 11. CONSTRUCTION DETAILS PAGE 1/11 APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; SITE ADD. 3405 LK WA BLVD N d JERRY BRENNAN REBUILD A SMALL 6'x12' PIER- RENTON, WA 980563411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. (2) MARILEE KARNOFSKI PURPOSE. PROVIDE MOORAGE AND FAIL ADD. SAME AS ABOVE 3401 LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY LOCAL ,JURISDIGTION: PAGE 1 OF 11 DATE: 02/04/2010 CI IYOF RENTON DATUM: C.O.E. 0,0' EST. 1919 If MARINE RESTORATION & CONSTRUCTION LLC q IW P.O. BOX 884 Kirkland, WA 98083-0684 PRONE: (425) 576-8661 E-MAIL:DOCKSOMIARINELLC.COM FAX: (425) 576-8669 ;e o E=m- m,Q, � �` EXHIBIT 3 r LO � I �- 1 a. m F3aY� ! W Lo Cr w i rnoaa .�'Z C7 U} W O Vx y WIw G] v 4 0DO DO O E-4 m P4 O rn O 4 V1 � t3 W s W X O o fJy� r W �xCAaO� Y zmm`aw`' r, U NUQ WO�CO k �2j ZONgr W "q F4 Lo ��ln1 vJ 6ir0� NNO w I VJ (} LLJ c*s 0 U) �a - wI � �I ti EXHIBIT 4 Q c.7 U W4 L) Ali F� C 0 o �n C) Ld L) EO coo `o f I LOED �n [f7 k!i C'4 C11 Lx.L �\ O X 0.L¢ f*1 co H 0 E-♦ P4coco 0¢ E-+ 3-1 0 W Y P W°° x 0 m F-� o o_ l J_ iv Qm J J C7 N . WE. q_ WIN W... —T N r � —SS-- a X � z Uw Q U waCA n- J �w 0 W w . z H m� X m Z � - r as Q uj W ou z O a CD M r � � 3 Lli Q U n- J ' w . z H X m Z � - r _ 0 t L) co co to IG m w o ' N .moi U Li °oQ ELL� 40 w= m W -i U . .o � m co Q m cn p zin a. Ol6L +�+9�d f 3LYG L77d EXHIBIT G J —EXISTING OOTONEASTER \-9ma SPECIES TO REMAIN PER OWNER TYP. PLANT SCHEDULE DQS11NG BIG LEAF MAPLE AND } ! \ SNCWBERRYTO REMAIN PLANTING NOTES SITE PREP NOTES: • Eoi=ng concrmtB debris, conrsate blocks, rods over 3' in darneter and other trash encoLurtned d-ing planting (and only within the plantae area} shall be removed, unless the removal would compromise the stability of the shoreline • Nm-* oo—nr;g woody debris, surh as logs and large branches shall remain. Arty chernically 1re- I �d or creosote covarrd woody maft shall be removed. GENERAL PLANTING SEQUENCE I . Native plant installation shall occur during frost -free pa ods only. Preferred months for hestalladon are between September 15th and April 15, prior to hat, dry Weather. PkWAS may only be tnsta8ed during hot wead-w r if the condxtor or applkmnt allew to Immediate irrigation of the eraire planting area, delivering at least Y ofwater per week from June I st through September I Sth. 2 Procure plasm in legend_ No subsdbiborm are allowed wf out a=nptarva from permit granting authorities. 3- install plards per planting details on sheet 3 and water each plant thoroughly to remove air fockeft- 4_ Install a 4' depth, coarse wood -chip mulch layer in an I it Wwnebe r ckc6 around each Installed plank, outside of Lake Washk tm Ordinary Hiah V� Marr (C)HWM) only. T 5_ Instal a temporary or pernn m m in igation syr . capable of delivering 2' of water per week to the entire planted arra MairrFain irrigation system in woridng condition for at least two (Z) summers after ink" plant insiallaciom L One year aFter initial phrrt chs[a4atlat% apply oar ar_nr; slow-release fertrTaer such as Osrnomee or Perfect Blend 4-4-4 to eafi plan outside of Lake Washington OHWM mane only. AMMARINE RESTORATION & CONSTRUCTION LLC MAIL• P.O. BOX 884, KlrWand, WA 98083 — 0884 E—MAIL PIERSWARINELLC.CCM NNW W n•" s PWPW ar bw[ Out& mil • cawwam r at M •e av he =W ae W==®r• WNW tis &» {fldW]IM M$1'�V'-E rGIL 1 rLL3 err IWm1 iG Y�8iiR4iQ® ftal10NI1®MNIM[!11 =LmmAm rcmu.AT LB-MQ7MP901-L 9o= 9h0(IC0�1WY. svaxiew ]GI_ I MLT OR>iYDE aaLrlMne�lavar IGL rra%� a SHMM GP�'r i4'ION I t.�L B� xrx i REL o..t� t ^tewr+rru� trxP€ANiING DESIGN 6Y: tca-tmwaia•v�� B GLlf18Y\AW171 WL L THE DYAL hd 2sx WATERSHEDr �� n ® " C01,AP NY 750 Sodih 5"M SOUth >vr►dand w,4 913033 0 p 4r ens can f 423.877.8136 p zfi 40' www_waSar�ledm.wm Science & resign 1,=217' PAGE 2 AMMARINE RESTORATION & CONSTRUCTION LLC MAIL• P.O. BOX 884, KlrWand, WA 98083 — 0884 E—MAIL PIERSWARINELLC.CCM NNW W n•" s PWPW ar bw[ Out& mil • cawwam r at M •e av he =W ae W==®r• WNW I B3 - 30 T23N R5E E 1/2 ,S;T ('T -F k-1016�� LAV4 MA!5-R()UCqlz*-" ZONING MAP BOOK D3 - 06 T23N R5E E 1/2 PW TECHNICAL SERVICES PRINTM ON 13-/33109 a 2DO 400 F ra a EXHIBIT 7 C3' 31 T24N R5E E 1/2 5431 �7�9 =1 �R-8 C3' 31 T24N R5E E 1/2 5431 EXHIBIT S DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: TYPE OF ACTION(S): LUA10-011, ECF, SM, SMC February 19, 2010 March 26, 2010 ® Substantial Development Permit ® Conditional Use Permit ❑ Variance Permit Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit. This action is proposed on the following application: PROJECT NAME: Brennan 3405 Dock Construction PROJECT MANAGER: Gerald Wasser, Associate Planner OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056 CONTACT: Same as above PROJECT LOCATION: 3405 Lake Washington Blvd. N LEGAL DESCRIPTION: See Attachment A SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E WITHIN THE SHORELINES OF: Lake Washington APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long dock and installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 10,264 square City of Renton Department of Con Vty & Economic Development Shoreline Manogement Permit Brennan3405 Dock Constructiot, Ll1A10-011, ECF, SM, SMC DATE OF PERMIT: Page z of 3 foot property in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would be done with common hand tools. All work would take place within the Washington Department of Fish and Wildlife construction window, July 16 through September 30. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior to their installation. The proposed project site includes two existing docks. One of the existing docks is proposed to be moved 3 -feet into deeper water and the other dock would be removed. The following section/page of the Master Program is applicable to the development: RMCSection Description Page 4-3-090J Urban Environment 3-25 4-3-090K General Use Regulationsfor All Shoreline Uses 3-26 4-3-090L Specific Use Regulations 3-27 4-3-090M Variances and Conditional uses 3-39 4-9-1901.1, 2, 3, 5 Variances and Conditional Uses 9-54 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with all construction conditions of State agencies. 2. The applicant shall comply with all conditions of the Shoreline Conditional Use Permit, LUA10-011, ECF, SM, SMC. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. C. E. "Chip" Vincent, Planning Director Date City of Renton Department of Con lity & Economic Development Shoreline Management Permit Brennan3405 DockConstructio,. LUA10-011, ECF, SM, SMC DATE OF PERMIT: Page 3 of 3 Planning Division APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.55.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Attachments: A_ Legal Description B. Proposed Site Plan cc: Attorney General's Office Jerry Brennan - Owner/Applicant City of Renton Offical File �i ED W 7 O 0 m Z W 0 ir ZW �m Cn O WF - W W � J I 2 O I C r C c� I Z nm ¢ �curj- �Y I u J Wo w4z al�00 J a. W V)a V) X Oa O Z VYJ� :!S Ir aW J W m � 0 Cn 0. ¢ W (wf7 U- U N 0 IMHO c uiui n v a¢ O Y m � L7 Z II CD: Ln o � 4, Li i I C r C c� I Z nm ¢ �curj- �Y I u J Wo w4z al�00 J a. W V)a V) X Oa O Z VYJ� :!S Ir aW J W m � 0 Cn 0. ¢ W (wf7 U- U N 0 PIER: A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. DOCK: A fixed or floating platform extending from the shore over the water. 0 LLI0 CD � zw �ry �w Qm O LLJ I LL- J I � � w aQn I C --C �I Z p E - Q � �� 0. EXHIBIT 13 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENTS 4 �' M E M O R A N D U M DATE: June 29, 2010 TO: Fred Kaufman, Hearing Examiner FROM: Gerald Wasser, Associate PlanneZ;�e SUBJECT: Brennan 3405 Dock Construction, LUA10-011, ECF, SM, SMC At the May 11, 2010 public hearing on the above -captioned project you instructed the applicant to work with staff on resolving site plan issues which were raised at the public hearing regarding the number of docks proposed. Staff stated at that time that the applicant was requesting two dock structures. RMC 4-3-090L.12.e.ii states that there shall be no more than one pier per developed waterfront lot or ownership. Subsequently, the applicant submitted revised plans to the Planning Division project manager (dated 5/28/2010). These plans represent a much simplified proposal by the applicant (see Attachments 1 through 10). The applicant's revised proposed project includes the construction of one 4 to 8 -foot wide, 60 -foot long dock. The dock would be fully -grated, supported by six 8 -inch diameter steel piles connected by Glu -Lam beams and steel cross beams. The total new dock size would be 330 square feet. The project also includes the assembly and installation of a dock mounted jet ski lift. One of the two existing freestanding boatlifts on the project site would be relocated next to the existing bulkhead and the other freestanding boatlift would be removed. An existing freestanding jet ski lift would also be removed as would the existing 16 -foot by 16 -foot floating dock. Additionally, an existing small dock accessible from shore would be removed to accommodate construction of the proposed new dock. The currently proposed project is less intensive than originally proposed and, therefore, does not require any further environmental documentation. The two mitigation measures imposed by the Environmental Review Committee in its Determination of Non -Significance — Mitigated on April 19, 2010 apply to the revised proposal: 1. The applicant shall use the recommendations identified in the Lake Study, prepared by The Watershed Company, dated February 10, 20120; and 2. Prior to commencement of any removal or construction activities floating silt containment curtains shall be installed in the lake around the demolition/construction operation to control dispersion of any accidental short r Brennan Dock Page 2 of 7 June 29, 2010 term disturbance of sediments. The silt containment curtains shall remain in place until demolition/construction activities are completed. The following addresses the revised proposal's consistency with Shoreline Conditional Use Criteria. RMC 4-9-190.1 lists five criteria that the Hearing Examiner must consider when making a decision on a Shoreline Conditional Use application. (1) The use must be compatible with other permitted uses within the area. The applicant proposes to construct a new dock and to install a dock mounted jet ski lift in association with an existing single family residence on the shore of Lake Washington. The waterfront in the vicinity of the proposed project to the north along this portion of Lake Washington is currently being developed with residential water -related uses. The site currently includes two docks, two freestanding boatlifts, and a freestanding jet ski lift. Other recently approved docks and boatlifts include: a single-family dock and boatlift at 3411 Lake Washington Boulevard North (LUA09-136), a joint use dock and two boatlifts in association with two townhouse units located at 4113 and 4119 Williams Avenue North (LUA09-074); a joint use dock and two boatlifts in association with two townhouse units located at 4101 and 4107 Williams Avenue North (LUA09-067); a dock and boatlift in association with two townhouse units located at 4057 and 4063 Williams Avenue North (LUA09-045); a dock and boatlift in association with a single family residence located at 3707 Lake Washington Boulevard North (LUA09- 006); a boatlift inside an existing boathouse in association with an existing single family residential dock located at 3709 Lake Washington Boulevard North (LUA08-047); and a community dock at Conner Homes at Barbee Mill located at 4205 Williams Avenue North (LUA08-027). Staff supports the new dock construction and installation of a new dock mounted jet ski lift provided that both of the existing docks, one of the existing freestanding boatlifts, and the existing freestanding jet ski lift are removed prior to any construction activity. Staff recommends as a condition of approval that the applicant demolish the two existing docks and that such demolition occur prior to construction of the new dock. (2) The use will not interfere with the public use of public shorelines The subject site and the proposed 60 -foot long single family residential dock and dock mounted jet ski lift would be located along private shoreline of Lake Washington. The applicant states that the proposed use would provide full-time moorage opportunities for the property owner and transient moorage for guests. The proposal would not alter the Brennan Dock Page 3 of 7 June 29, 2010 public's ability to access the shoreline. Kennydale Beach Park which is located approximately 100 -feet to the north of the proposed project site provides public access to the shoreline. (3) Design of the site will be compatible with the surroundings and the City's Master Program. The proposed 330 square foot, 60 -foot long, 4 to 8 -foot wide residential dock and dock mounted freestanding jet ski lift would be associated with an existing single family residence. The City's Shoreline Master Program regulations require a minimum 5 -foot setback to an adjacent property line and that residential docks not exceed 80 -feet in length. The proposed project is approximately 28 -feet at its closest point to the property line and, thus, complies with these requirements. The City's Shoreline Master Program (WAC 173-26-230 b) states the design and construction shall avoid or, if that is not possible, shall minimize and mitigate the impacts to ecological functions and critical areas resources. The proposed residential dock and jet ski lift would be compatible with the objectives and policies of the City's Master Program as an accessory water use to existing residential uses if the two existing docks are removed. Should the two existing docks and one boatlift be removed, the fully grated design of the new dock and boatlift in addition to shoreline plantings would mitigate and minimize impacts to ecological functions and critical areas resources. (4) The use shall be in harmony with the general purpose and intent of the City's Master Program. The City's Shoreline Master Program gives preference to uses which preserve the natural character of the shoreline; result in long term over short term benefit; and, protect the resources and ecology of the shoreline. The proposed dock would be a residential accessory use often associated with waterfront residences. Jet ski lifts provide a way of securing personal watercraft to docks. The dock would be fully grated allowing light to pass through and native plantings would be installed. These enhancements would aid in the preservation of the natural character and would protect the resources and ecology of the shoreline while resulting in long term benefit. (5) The use meets the conditional use criteria in WAC 173-27-160, to provide a system within the Master Program, which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by local government or the department to prevent undesirable Brennan Dock Page 4 of 7 June 29, 2410 effects of the proposed use and/or to assure consistency of the project with the act and the local master program. (A) Uses which are classified or set forth in the application master program as conditional uses may be authorized provided that the applicant demonstrates all the following: i) That the proposed use is consistent with the policies of RCW 90.58.020 and the Master Program. The proposal would be consistent with RCW 90.58.020 and the Master Program. Lake Washington is classified as a Shoreline of Statewide Significance. Shoreline plantings will enhance the upland area. The proposed plantings include Vine maple, Hooker's willow, Red -Osier dogwood, Salal, Ocean spray, Red flowering currant, Kinnikinnick, perennials and ferns. Jet ski lifts are often considered appurtenances to residential docks in that they provide a more secure moorage for personal watercraft. RCW 90.58.020 allows for alterations of the natural condition of the shorelines of the State in those limited instances when authorized. To this end, single family residences and their appurtenant structures are allowed. iij That the proposed use will not interfere with the normal public use of public shorelines. The subject site is a single family residential private property on the shore of Lake Washington. No interference with the normal public use of public shoreline is anticipated to occur. Kennydale Beach Park is approximately 100 -feet north of the proposed project. iii) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program. The subject site is designated Residential Single -Family (RSF) in the City's Comprehensive Plan and the proposed use qualifies as an accessory use to a waterfront property. The residential dock mounted jet ski lift is compatible in design and customary use to the adjacent lakefront residential properties and the Shoreline Master Program as discussed previously. Brennan Dock Page 5 of 7 June 29, 2010 iv) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. This section of Lake Washington is designated as Urban Environment in the Shoreline Master Program regulations and is developed with residential uses. If the proposed dock and jet ski lift are installed and maintained according to all required state and local permits, the use is not expected to cause significant adverse effects to the shoreline environment. This is because the dock would be fully grated allowing light transmission; installation would be within the appropriate fish window (July 16 through September 30); the applicant's contractor would install a silt containment curtain around the construction operation to control any disturbance of sediments and to contain construction debris; proposed native plantings would provide enhanced fish habitat; and the jet ski lift would be operated using non-toxic hydraulic fluid. v) That the public interest suffers no substantial detrimental effects. The project site includes a private single family residence. At such time as the existing two docks, one of the existing freestanding boatlifts and the existing freestanding jet ski lift are removed, the proposed dock, dock mounted jet ski lift, and the relocated freestanding boatlift would be the only proposed uses on the site. It is not anticipated that any significant detrimental effects would occur if all conditions of approval are complied with. The proposed jet ski lift would be associated with a proposed dock and no adverse impacts to shoreline views are anticipated. (B) In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. This residential site is similar to other properties in the immediate vicinity. The proposed dock and dock mounted jet ski lift would be compatible with the adjacent residential properties if the two existing docks are removed. The applicant proposes to install a dock mounted jet ski lift in conjunction with a proposed dock and it is anticipated that no adverse cumulative impact would occur based on this proposal. Brennan Dock Page 6 of 7 June 29, 2010 The completion of this project would not promote future construction or other activities that would not otherwise occur without its completion. Other recently approved residential docks and boatlifts which are in the vicinity of the proposed project have been previously described in this report. (C) Other uses which ore not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program. Jet ski lifts are not uses currently set forth in the Shoreline Master Program. Therefore, this project requires a Shoreline Conditional Use Permit. Jet ski lifts provide a secure moorage for personal watercraft and are commonly considered an appurtenance to residential docks. The criteria discussed in this report demonstrate the applicant's request would be consistent with the requirements if the two existing docks are removed. (D) Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection (A) or (B) of this section. Jet ski lifts are not specifically prohibited by the City's Shoreline Master Program. Based on the analysis contained in this memorandum and in the Preliminary Staff Report to the Hearing Examiner, dated May 11, 2010, staff believes that the revised proposed project is consistent with criteria necessary for Shoreline Conditional Use and Shoreline Substantial Development Permits. Therefore, staff recommends approval of the Shoreline Conditional Use and the Shoreline Substantial Development Permits for the Brennan 3405 Dock Construction, Project File No. LUA10-011, ECF, SM, SMC subject to the following conditions: 1. The applicant shall comply with the mitigation measures imposed by the Environmental Review Committee in its Determination of Non -Significance - Mitigated issued on April 19, 2010; 2. The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application submitted to the City. Construction is limited to occur during the fish window for this portion of Lake Washington (July 16 — September 30). Brennan Dock Page 7 of 7 June 29, 2010 3. The applicant shall demolish the two existing docks and such demolition shall occur prior to construction of the new dock. 0 # 4. The applicant shall remove one existing freestanding biSatlift and the existing freestanding jet ski lift prior to construction and installation of the new dock and dock mounted jet ski lift. --__ .4 . � Staff recommends that the public hearing on this matter be reconvened by the Hearing Examiner to accept testimony on these issues. Attachments - 1 - ttachments:1- Vicinity Map 2 - Existing Site Plan 3 - Existing Plan View 4- Proposed Site Plan 5 - Proposed Plan View 6 - Proposed 60' Dock Top View and Proposed Elevation View 7 - Proposed 60' Dock Profile 8 - Proposed Relocated Boatlift Top View and Proposed Elevation View 9 - Proposed Top View "A -A" and Section View "A -A" 10 -Through Flow Grated Panel and Connection Detail L FI P, LL J Q LLJ JERRY BRENNAN PIER PERMIT KENMORE i RENTON LAI' MAP/NO SCALE APPLICANT: JERRY BRENNAN SITE ADD. 3405 LK WA BLVD N RENTON, WA 98056 MAIL ADD. SAME AS ABOVE .7 kN D VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 A5 SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008. RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX. N 38TH ST 1. COVER PAGE 8. COVE PROPOSED TOP AND 2. EXISTING SITE PLAN ELEVATION VIEW 3. EXISTING PLAN VIEW E• 00` DOCK SECTION VIEW 4. PROPOSED SITE PLAN 10. CONSTRUCTION DETAILS 5. PROPOSED PLAN VIEW REVISED: S. 80' DOCK PROPOSED TOP N 37TH ST AND ELEVATION VIEW N 3611-1 ST N 36TH ST N 35TH Sr 2 - z m N 34-TH ST SITE z I c N 33RD PL a 3 z Z) o m N 33RD ST N 32ND ST N 32ND ST N 31ST Sr VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 A5 SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008. RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX. 7. W DOCK: PROPOSED PROFILE 1. COVER PAGE 8. COVE PROPOSED TOP AND 2. EXISTING SITE PLAN ELEVATION VIEW 3. EXISTING PLAN VIEW E• 00` DOCK SECTION VIEW 4. PROPOSED SITE PLAN 10. CONSTRUCTION DETAILS 5. PROPOSED PLAN VIEW REVISED: S. 80' DOCK PROPOSED TOP 15/28/2010 AND ELEVATION VIEW ADJACENT OWNERS: 1Q JERRY BRENNAN 3411 LK WA BLVD N MARILEE KARNOFSKI 3401 LK WA BLVD N PAGE 1 /10 PROPOSED: CONSTRUCT A NEW 60' PIER; INSTALL DOCK MOUNTED JETSKI LIFT; RELOCATE EXISTING BOAT LIFT. PURPOSE PROVIDE MOORAGE AND MAINTAIN NATIVE VEGETATION INTEGRITY DATUM: C.O_E_ 0,0' EST. 1919 MARINE RESTORATION & CONSTRUCTION LLC P.O. 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T 11 ' PLASTIC U -FLOW TING TILERS (TV.) 5 GALVANIZED "I" BEAN (16' GALVANIZED SADDLE 1/2' THICK W6X15 GALVANIZED 3"X6'X16" GALVANIZED STEEL 'I' BEAU STEEL SADDLE 1/2' THICK (TYP.) 5/8' GALVANIZED STEEL PLATE NEW STEEL. PILES A PROPOSED SECTION VIEW "A -A" Ire _ 1' REVISED: 5/28/2010 PAGE. -94Q - MARINE RESTORATION F& CONSTRUCTION LLC P.O. BOX 884 Khland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS@MARINELLC.COM s FAX: (425) 576-8669 o U Wm` 6 m = PROPOSED TOP VIEW "A - A" 4�. PLASTIC THRU-FLOW NOTE 2x4 GRATING 2'-6' TO 3' ON FIRST 30' FROM SHORE 2x3 STEEL ANGLE BRACKET 2'# i 5x xl2' GLU—LAM BEAM ATTACHED TO EACH SADDLE USING 3/4' THROUGH BOLTS W6X15 GALVANIZED 3"X6'X16" GALVANIZED STEEL 'I' BEAU STEEL SADDLE 1/2' THICK (TYP.) 5/8' GALVANIZED STEEL PLATE NEW STEEL. PILES A PROPOSED SECTION VIEW "A -A" Ire _ 1' REVISED: 5/28/2010 PAGE. -94Q - MARINE RESTORATION F& CONSTRUCTION LLC P.O. BOX 884 Khland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS@MARINELLC.COM s FAX: (425) 576-8669 o U Wm` 6 m = 1'x3' THRU—FLOW PANEL FASTENED AT 6 PLACES EA. 3" MARINE GRADE SS SCREW i f 3/4" THROUGH BOLTS ON 3' j CENTERS—TYP. t 1 EL PLASTIC THRU—FLOW GRATING 3X4 NAILER \-3/4" GALVANIZED ..X12CARRIAGE BOLT A"LAM AT EACH CONNECTION D CONNECTION DETAIL 9 N.T.S. REVISED: 5/28/2010 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS aOMARINELLC.COM FAX: (425) 576-8669 AM � W SE � OF �' • Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: June 16, 2010 Project Expiration Date: June 15, 2015 PERMITTEE Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 Control Number: 120582-1 FPA/Public Notice #: NIA EXHIBIT 14 AUTHORIZED AGENT OR CONTRACTOR Marine Restoration & Construction LLC ATTENTION: Becky Henderson PO Box 884 Kirkland, WA 98083 425-576-8661 Fax: 425-576-8669 Project Name: Brennan Dock Project Description: Build a new 60' long dock that is 4' wide for 40 ft and 8' wide at last 20'. Remove three docks: one floating 16'x16', a trapezoid of 1 00s ft, and a 72 sq ft dock with narrow gangway. PROVISIONS 1. TIMING LIMITATIONS: The project may begin June 21, 2010 and shall be completed by June 15, 2015; Provided: Work below the ordinary high water line (OHWL) shall only occur between July 16 and September 30 of each year. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive written notification (email, FAX or mail) from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor no less than three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled 'PROPOSED: CONSTRUCT NEW 60' PIER; INSTALL DOCK -MOUNTED JETSKI LIFT; RELOCATE EXISTING BOAT LIFT'and dated revised 5/24/10, including planting plan except as additionally modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 4. Removal of existing structures shall be accomplished so the structure and associated material does not re-enter the lake. 5. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 6. All treated wood shall be professionally treated and completely cured prior to installation below the ordinary high water line to minimize leaching into the water or substrate. The use of wood treated with creosote or pentachlorophenol is not authorized. 7. All lumber to be used for the project shall meet or exceed the standards established in 'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute, dated August 1, 2006, Page 1 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: June 16, 2010 Project Expiration Date: June 15, 2015 Control Number: FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 120582-1 NIA 8. Wooden components that will be in contact with the water shall not contain creosote or pentachlorophenol. This shall include pilings, beams, structural supports, and decking. These components shall remain free of these toxic substances for the duration of their functional lives. 9. All trash and unauthorized fill, including concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, and paper, below the OHWL in and around the applicant's project area shall be removed and deposited above the limit of flood water in an approved upland disposal site. 10. All work operations shall be conducted in a manner that causes little or no siltation to adjacent areas. 11. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the lake. 12. Skirting or other structures shall not be constructed around the pier, dock, or float. 13. An air curtain or 6 X 6 wooden block shall be properly placed and used when installing each steel piling when using the drop hammer method. This shall include vibratory pile drivers when used in the drop hammer method. 14.All abandoned piling holes shall be filled and capped with substrate consistent with current existing natural surrounding substrate or clean one -inch minus well-rounded gravel. 15. Fresh concrete or concrete by-products shall not be allowed to enter the lake at any time during this project.All forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from getting into the lake. 16. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. Page 2 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: June 16, 2010 Project Expiration Date: June 15, 2015 Control Number: FPA/Public Notice #: PROJECT LOCATIONS Location #1 3405 Lake Washington Blvd N North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 120582-1 N/A WORK START: June 21, 2010 IWORK END: June 15, 2015 WRIA: 08.6007 Waterbody: Lake Washington Tributary to: Ship Canal 114 SEC: SE 114 Section: 31 Township:Range: �24 N �05 E Latitude: IN 47.52275 Langitude: W 122.371992 County: 1 King Location *1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The persons) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, slate and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: June 16, 2010 Control Number: 120582-1 Project Expiration Date: June 15, 2015 FPA/Public Notice #: N/A A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 9850 1-1 09 1 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed, B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30 -days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30 -days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: June 16, 2010 Control Number: 120582-1 Project Expiration Date: June 15, 2015 FPA/Public Notice #: N/A ENFORCEMENT: Sergeant Chandler (34) P2 Habitat Biologist biebeajb@dfw.wa.gov for Director Alisa Bieber 425-313-5681 WDFW CC: Page 5 of 5 Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.Q. BOX 3755 SEATTLE, WASHINGTON 98124-3755 Mr. Jerry Brennan 3405 Lake Washington Boulevard North Renton, Washington 98056 Dear Mr. Brennan: JUN 2 4 2010 EXHIBIT 15 Reference: Brennan, Jerry NWS -2010-305 We have reviewed your application to construct a pier, relocate a boatlift, install a jetski lift, place 25 cubic yards of spawning gravel, and plant native shoreline vegetation in Lake Washington at Renton, Washington. Based on the information you provided to us, this "Letter of Permission" (LOP) permit authorizes the pier, watercraft lifts, and plantings, and Nationwide Permit 18, Minor Discharges (Federal Register, March 12, 2007, Vol. 72, No. 47), authorizes the placement of spawning gravel as depicted on the enclosed drawings dated May 24, 2010, and the planting plan dated January 22, 2010, which are made part of this permit. In order for this authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Letter of Permission General Conditions, Nationwide Permit 18, Terms and Conditions and the following special conditions: a. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in your Appendix A, Application form for RGP-3 and RGP -1 you submitted on February 17, 2010. The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on this document on May 20, 2010 (NMFS Reference Number 2010/01485). Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers (Corps) permit. The NMFS is the appropriate authority to determine compliance with ESA. b. In order to meet the requirements of the ESA programmatic letter of concurrence for selected activities in the Lake Washington/Lake Sammamish Basins (U.S. Fish and Wildlife Service reference (USFWS) number 13410-2009-I-386) you must comply with the applicable conservation measures in the enclosed document titled Enclosure 1, Conservation Measures for Activities Covered under the Lake Washington Programmatic Consultation Letter of Concurrence. If you cannot comply with these conservation measures, you must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an -2 - individual consultation in accordance with the requirements of the ESA. The USFW 5 is the appropriate authority to determine compliance with ESA. c. To insure that light transmission is not impacted, grating must not be covered with or blocked by any objects, such as, but not limited to, buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes. d. In order to meet the requirements of the ESA and for the protection of Chinook, steelhead, and bull trout, the permittee may conduct the authorized activities from July 16 through December 31 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from January 1 through July 15 in any year this permit is valid. The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required for these requirements. We have reviewed your project pursuant to the requirements of the ESA and the Magnuson - Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat (EFH). The Corps has determined that this project will comply with the requirements of the above laws provided you comply with special conditions "a" through "d" listed above. Please be reminded that Special Condition "a" of your permit requires that you implement and abide by the ESA requirements and/or agreements set forth in the Appendix A form for Regional General Permit (RGP) 3 and 1 for this project. In particular, note that the RGP 3 requires that you implement a shoreline planting plan, monitor and submit monitoring reports on the planted area to the Corps and Services annually for a period of 5 years, and record the location and description of the planting area on your deed. Failure to comply with the commitments made in the RGP 3 constitutes non-compliance with the ESA and your Corps permit. Any change in the plans for this work will require that you submit revised drawings to this office and receive our written approval of those changes prior to conducting the work. Also, we have completed an approved jurisdictional determination for your project area which can be found on our website at http://www.nws.usace.army.mil/ click on Regulatory, Regulatory/Permits, Recent Jurisdictional Determinations. If you object to any terms or conditions of this LOP or the jurisdictional determination, you may request an administrative appeal under our regulations 33 CFR 331 as described in the enclosed Appeal Process Fact Sheet and the Notification of Administrative Appeal Options and Process and Request far Appeal form. Your authorization to conduct the proposed work under this LOP expires 3 years from the date of this letter. -3 - This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked on March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before March 18, 2012, you will have until March 18, 2013. Within 30 days of completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance you have conducted the work and any required mitigation in accordance with the terms and conditions of this LOP and NWP, including all special conditions. Failure to comply with all terms and conditions of this LOP and NWP verification will invalidate this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Also, you must obtain all State and local permits that apply to this project. Thank you for your cooperation during the permit process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.army.mil (select "Regulatory" and then "Regulatory/Permits"). While this project will not require further authorization from us, please note that it must comply with all State, local, and other Federal requirements that may apply. A copy of this letter without enclosures is being furnished to Becky Henderson, Marine Restoration and Construction, LLC, Post Office Box 884, Kirkland, Washington 98083-0884. If you have any questions, please contact Susan Powell at telephone (206) 764-5527 or via email susan.m.powell(&usace.arrny.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Anthony O. Wright Colonel, Corps of Engineers District Engineer Enclosures 7 Ili ter:. f M � (n31ane) d D in Y � O � Ln COB: � U- 0 cs� zV)Z ~0000 Lx ) LIMana 0E0CL� Y x � Fii 25�� �i NVNN3NB GOO 3SnOH H3aod QM3M 9 X'83>1008 x Z 3 ZSCY Y C.7 N ego Q flG a LU LZ > CL M Ili ter:. f M � (n31ane) d D in Y � O � Ln COB: � U- 0 cs� zV)Z ~0000 Lx ) LIMana 0E0CL� Y x � Fii 25�� �i NVNN3NB GOO 3SnOH H3aod QM3M 9 X'83>1008 CL u� a/ CO am " w.j t -Ara ima x N Q flG a LU > Z SS- ❑ w fn �.- O CL u� a/ CO am " w.j t -Ara ima L F F W J W U) JERRY BRENNAN PIER PERMIT KENMORE RENTON LAKE MAP/NO SCALE AND EXHIBIT 16 VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" .EVUE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE N0, 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31. TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 9. COVER PAGE 2, EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. COVE: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. CONSTRUCTION DETAILS REVISED: 5/24/2010 -- N iXi t)" A An - 05 PAGE 1 /1_9] APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60'' PIER; STE ADD. 3405 LK WA BLVD N1Q JERRY BRENNAN INSTALL DOCK MOUNTED JETSKI LfFT; RENTON, WA 98056 3411 LK WA BLVD N RELOCATE EXISTING BOAT LIFT. MARI3401 LBLVD KARSKI PURPOSE: PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 34Di LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY PAGE: 1 OF 10 DATE: 05/24/2010 LOOOTYUOFSRIENTON DATUM: C.O.E. 00 EST. 1919 MARINE RESTORATION 8c CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSOMARINELLC_COM FAX: (425) 576-8669 AW �X�; OF MR== N 3BTH sr N 37TH ST 405 - N 36TH ST N 36TH ST N 35TH ST N 34TH 57 2? N 33RD PL a m N 33RD ST N 32ND ST N 32ND ST N31STST VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" .EVUE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE N0, 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31. TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 9. COVER PAGE 2, EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. COVE: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. CONSTRUCTION DETAILS REVISED: 5/24/2010 -- N iXi t)" A An - 05 PAGE 1 /1_9] APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60'' PIER; STE ADD. 3405 LK WA BLVD N1Q JERRY BRENNAN INSTALL DOCK MOUNTED JETSKI LfFT; RENTON, WA 98056 3411 LK WA BLVD N RELOCATE EXISTING BOAT LIFT. MARI3401 LBLVD KARSKI PURPOSE: PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 34Di LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY PAGE: 1 OF 10 DATE: 05/24/2010 LOOOTYUOFSRIENTON DATUM: C.O.E. 00 EST. 1919 MARINE RESTORATION 8c CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSOMARINELLC_COM FAX: (425) 576-8669 AW �X�; OF MR== z ala r z co E, W wl of \I N r any X37 A� CN i I¢ 'VUV y W. � j � iii CV .. ca oo 00 " o 00 a C 0 WY CG I� x b �a oras •oar �z:31ra joie `tl ea .. 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T 1 " PLASTIC C U -FLOW U TING 'EEL BRACKET ULERS (TYP.) 5 GALVANIZED "I" BEAM N15" GALVANIZED al=L SADDLE 1/2" THICK PROPOSED TOP VIEW "A - A" 1(2" = 1' D 10 NOTE: 2x4 HAILERS 2'-6" TO 3' ON FIRST 30' FROM SHORE 2'± WGX15 GALVANIZED STEEL "I" BEAM NEW / STEEL PILES PLASTIC THRU-FLOW GRATING 24 STEEL ANGLE BRACKET $h'X12" GW -LAM BEAM ATTACHED TO EACH SADDLE USING 3/4" THROUGH BOLTS 3"X6"X16" GALVANIZED STEEL SADDLE 1/2" THICK (TYP.) 5/8' GALVANIZED STEEL PLATE r� PROPOSED SECTION VIEW "A -A" REVISED: f r 4 5/24/201 0 PAGE 9/10 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS@MARINELLC.COM FAX; (425) 576-8669M MuNK 15 RROPERI1 W MAAR1E RLSTORoM i cIXF$T;=nM LLC ua w MOT RE creiEn W REMOUCM marl MTTEN c MT -1 'x3' THRU W -FLOW PANEL FASTENED AT 6 PLACES EA_ THRU-FLOW GRATED PA N.T.S. 3" MARINE GRADE PLASTIC THRU—FLOW SS SCREW GRATING 3/4" THROUGH BOLTS ON 3' �; 3X4 NAILER CENTERS—TYP. X3/4" GALVANIZED 5y"X12_ _ CARRIAGE BOLT GLU—LAM AT EACH CONNECTION D CONNECTION DETAIL llll9 N.T.S. REVISED: n //�-) 5/24/2010 w -11,� S PAGE 10/10 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSOMARINELLC.COM FAX: (425) 576-8669 MS MAdW IS PMN,Y p1 r� NrSTMAIgN & Di15IRVG7N UC ANI N MAY l K copo CA qc*o a WINXT ffl F CMNl EXIST_ 12' 6' DOCK TOBE EXIST. WATER SURFACE ELEVATION = 16.84(NAV088) RECONSjRUCTEV / = BOAT LIFT SEWER LOCATION IS AND M ED 3' TO REMAIN f SCALED FROM SHEET 4 OF TO DEEPER WATER 1 � 6 CITY OF RENTON PUBLIC ` WORKS PROJECT S-442 1 REMOVE EXIST. 1�O DATED 11-198620, ; BOAT LIFT, I S .I 6' 161 / O Dc F ING OCK p�'�,� III TLi FEO�^A7Eh1C - 10 ASHING N _ OCCK E1 j�KI z_ i f ,I I FT qqC EX. DOCK i 1 1 T4 BE REWOM Q 11 J ff DIVING BOARD (y USED FOR COCK ACCESS �� y `P40E TO REMAIN y Com. 0 K ,SOB SITE � /Lioc =RED qS K L F f' PaRc� r_ i ig •09 e =ry p DOCK I OUSE #�' 4 112-1 �Z Bq�NNAIV T W1 Dom MKT F 'l' 9 ILi E 1300679A593 ELEV-20.51' �0' OHO 'Sj i,r I' 0C, PLANTING DESIGN BY: THE BRENNAN RESIDENCE WATERSHED 3405 Lake Washington Slyd N Renton, WA 96056 750 sixth Street South Kirkland WA 98033 t425.822.5142 r 42S.827.8136 0 40 80 www.wawrshedco.com ^ [ . n ... _ SCALE' 1* 40' i /C? - PAGE 1/3 6 MARINE RESTORATION CONSTRUCTION LLC MAIL; P.O. BOX 884, Kirkland, WA 98083 — 0884 PHONE. (425) 576-8661 E—MAIL: PIERS@MARINELLC.COM FAX; (425) 576-8669 �'"";• '""'°°�`�"`"°�""�" J PLANTING DESIGN BY: WATERSHED k 3,'':.iF 750 Sixth Street South lGrkland WA 48033 ;:425,8225242 - 425.827.6136 www'watemhadco.com S:,en C D. , - 6 EXISTING COTONEASTER SPECIES TO REMAIN PER OWNER, TYP. w ' EXISTING BIG LEAF MAPLE AND ^' SNOWBERRYTO REMAIN PLANTING NOTES SITE PREP NOTES: • Existing concrete debris, concrete blocks, rocks over 3" In diameter and other trash encountered during planting (and only within the planting area) shall be removed, unless the removal would compromise the stability of the shoreline. • Naturally occurring woody debris, such as logs and large branches shall remain. Any chemically treated or creosote covered woody material shall be removed_ GENERAL PLANTING SEQUENCE: I, Native plant installation shall occur during frost -free periods only. Preferred months for Installation are between September 15th and April 15, prior to hot, dry weather. Plants may only be Installed during hot weather if the contractor or applicant agrees to Immediate irrigation of the entire planting area, delivering at least 2' of water per week from June I st through September 15th. 2. Procure plants in legend, No subsiitudons are allowed wJ out acceptance from permit granting authorities. 3. Install plants per planting details on sheet 3 and water each plant thoroughly to remove air pockets. 4. Install a 4' depth, coarse wood -chip mulch layer in an l8"'diameter circle around each Installed plant, outside of Lake WashkVan Ordinary High Water Mark (OHWM) only. 5. Install a temporary or permenant irrigation system capable of delivering 2' of water per week to the entire planted area. Maintain Irrigation system in working condition for at least two (2) summers after Initial plant installation. 6. One year after initial plant installation, apply organic, slow-release fertilizer such as Osmocote or Perfect Blend 4-4-4 to each plant outside of PLANT SCHEDULE Lake Washington OHWM mark ony. 0.MF.4 SnNfLNMEUn 1GAL 1 HIS E>OQfAW CCTONEARlF0. f RED F3ewFRNG OXNNlf wF�l,e(wK/,fC 3PEOESTO REH4M1I lER 0 20' 40 SCALE; I' — 20e T PAGE 2/3 19MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. 80X 884, Kirkland, WA 98083 — 0884 E—MAIL: PIERSOMARINELLC.COM qMa. a3•Mdrc er WML oxx4m! OrOiUM= AV WT W i m® a M*mm MW Mad MM TREES PERENNIALS & FERNS OIIdyATl1M 30JJv FRnTysTFK. GiTEiE3R—Tt Ir... SOu0.LFablci4lAT * VIP[et.✓t.[ wFt�PR.MCT1Ea OOnno"Acfl raw•+fBWJi'a LFnST1 w TME FF0.EFn+aL s.uuc Moo�wPras �uL i �l�rl o.aeucu u.wMaw3MEFmE3� icu svccMs NOOgl3 ri1LLOW SiFFl HCD0.OJ3 F+�FS'lM�l/R u SHRUBS MWEMONs6MlRA FGY CW7 P4MTFMON COPMA MXO NFEM 1GAL 1 FLMy F'OLl'STrIRIM p, „� , cJ PEO Tr,Rc 000..000 rREu.aRanaFrtn srRDRo row /� cuwTMMUF, 3MPuor� ir., c FUIl GRQUNOCOWR 1pJ sou+. f,E�f Mametus oxca3oP sw� F FULL •m�DST.rxn.os uvwa3Rsi rFOTs Foe frac nF��rr vv OCW+SnuT w5yl.eryWr)�Ep gFi,OMF.ry, 0.MF.4 SnNfLNMEUn 1GAL 1 HIS E>OQfAW CCTONEARlF0. f RED F3ewFRNG OXNNlf wF�l,e(wK/,fC 3PEOESTO REH4M1I lER 0 20' 40 SCALE; I' — 20e T PAGE 2/3 19MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. 80X 884, Kirkland, WA 98083 — 0884 E—MAIL: PIERSOMARINELLC.COM qMa. a3•Mdrc er WML oxx4m! OrOiUM= AV WT W i m® a M*mm MW Mad MM NOTES: I. PLANT GROUNDCOVER AT SPECIFIED DISTANCE ON -CENTER (O.C.) US1NG TRIANGULAR SPACING, TYP, 2. LOOSEN SIDES AND BOTTOM OF PLANTING PIT AND REMOVE DEBRIS 3. LOOSEN ROOTBOUND PLANTS BEFORE INSTALLING 4. SOAK PIT BEFORE AND AFTER INSTALLING PLANT 4" DEEP SPECIFIED MULCH LAYER HOLD BACK FROM STEMS 2' HT. WATER BASIN; NATIVE SOIL OR MULCH SOIL AMENDMENTS AS SPECIFIED A GROUNDCOVER & PERENNIAL PLANTING DETAIL NTS NOTES: I. PLANTING PIT SHALL NOT BE LESS THAN (2) TIMES THE WIDTH OF THE ROOT BALL DIA. 2. LOOSEN SIDES AND BOTTOMS OF PLANTING PIT 3. SOAK PLANTING PIT AFTER PLANTING REMOVE FROM POT & ROUGH -UP ROOT BALL BEFORE INSTALLING. UNTANGLE AND STRAIGHTEN CIRCLING ROOTS - PRUNE IF NECESSARY, IF PLANT IS EXCEPTIONALLY ROOT -BOUND, DO NOT PLANT AND RETURN TO NURSERY FORAM ACCEPTABLE ALTERNATIVE 4' MULCH LAYER - HOLD BACK MULCH FROM TRUNK/STEMS 3" MIN HT, WATER BASIN FINISH GRADE SLOW RELEASE GRANULAR FERTILIZER, OSMOCOTE OR APPROVED EQUIV. (OUTSIDE OF O.H.W.M. ONLY) APPLIED ONE YEAR AFTER INITIAL PLANTING REMOVE DEBRIS AND LARGE ROCKS AND BACKFILL WITH NATIVE SOIL, FIRM UP SOIL AROUND PLANT TREE & SHRUB PLANTING DETAIL NTS PLANTING DESIGN BY: ,H_. WATERSHED 750 Sixth Street South Kirkland WA 98033 p425.822.5241 f425.827AI36 www.watershedto.tom PAGE 3/3 MARINE RESTORATION C CONSTRUCTION LLC MAIL P.O. BOX 884, Kirkland, WA 98083 — 0884 E—MAIL: PIERS@MARINELLC.COM oaa a ami rmert wrna ao�n �wp6 CERTIFICATE OF COMPLIANCE o f Engineers Army Cors of WITH DEPARTMENT OF THE ARMY PERMIT Seattle District Permit Number: NWS -2010-305 Name of Permittee: 7eM Brennan Date of Issuance: JUN 2 4 2010 Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. Printed Name: Signature: Date: The work authorized by the above -referenced permit has been completed in accordance with the ❑ terms and conditions of this permit. Date work complete. ❑ Photographs and as -built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). Printed Name: Signature: Date: If applicable, the mitigation required (e.g., construction and plantings) in the above -referenced ❑ permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: ❑ Photographs and as -built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Printed Name: Signature: Date: 0 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) County of King ) ss. Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 5th day of August 2010, affiant deposited via the United States Mail and Certified Mail Return Receipt Requested 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. Si ature SUBSCRIBED AND SWORN to before me this day of • ,,� .••-,����� 2010. t Public inNid for the State oftashin siding at — , therein. Application, Petition or Case No.: Brenan 3405 Dock Construction LUA 10-011, ECF, SM, SMC The Decision or Recommendation contains a complete list of the Parties of Record • HEARING EXAMINER'S REPORT • • 0 August 5, 2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECONLMENDATION APPLICANT/CONTACT: Jerry Brennan 3405 Lake Washington Blvd. N Renton, WA 98056 Brennan 3405 Dock Construction LUA-10-011, ECF, SM, SMC LOCATION: 3405 Lake Washington Boulevard North SUMMARY OF REQUEST: Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long dock and installation of a pre -manufactured, freestanding, portable marine grade aluminum boatlift in association with a single-family residence on the shore of Lake Washington. SUMMARY OF ACTION: Development Services Recommendation: Approve DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on May 4, 2010. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the May 11, 2010 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, May 11, 2010, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Vicinity Map Exhibit No. 3: Existing Site Plan Exhibit No. 4: Proposed Site Plan Exhibit No. 5: Proposed Top View and Proposed Elevation View Exhibit No. 6: Planting Pian Exhibit No. 7: Zoning Map.Exhibit No. S: Shoreline Substantial Development J Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 2 The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The property is located at 3405 Lake Washington Boulevard North. The request is for a new residential dock on the shore of Lake Washington. Lake Washington is considered to be a Class 1 water subject to the City's Shoreline Master Program. The property currently has two docks, two boat]ifts and a jet ski lift. The applicant proposes to move one of the existing docks, a 256 square foot floating dock, to accommodate construction of the proposed 60 -foot long, 4.8 foot wide dock. The remaining dock would be moved three feet waterward into deeper water. One dock is located in the northwest corner; the other dock is located in the recessed portion of the parcel just north of the first dock. The southern dock is proposed to be removed. The Environmental Review Committee issued a Determination of Non -Significance -- Mitigated with 2 mitigation measures. No appeals were filed. This project appears to meet the five criteria for a Shoreline Conditional Use Permit including being compatible with other permitted uses within the area, however the Shoreline Master Program clearly states that there shall be no more than one pier or dock per developed waterfront lot or ownership. A variance would be necessary to approve two docks on one property. Staff would be supportive of a new dock construction and installation of a new boatlift only if both of the existing docks and the existing boatlift and existing jet ski lift were removed prior to any construction. Another criterion is that the use will not interfering with the public use of the public shoreline, this project will not interfere with the public use of the public shoreline. Third, the design of the site would be compatible with the surrounding area and the City's Master Program, if the project was one dock and one boatlift it would be compatible with other uses in the area. The design of the new dock and boatlift as well as the plantings proposed would help to mitigate any impacts to ecological functions and critical areas resources. Fourth, the criteria requires the project to be in harmony with the general purpose and intent of the City's Master Program, it appears that two docks are not in compliance with the Shoreline Master Program. One dock would be a residential accessory use associated with waterfront residences and Staff would be supportive of one dock and one boatlift. Finally the proposed use must meet the conditional use criteria in WAC 173-27-160, in order to meet this requirement the two existing docks would need to be removed prior to construction of the proposed dock. Permit Exhibit No. 9: Enlarged Map of Shoreline Showing Existing Sewer Line. Exhibit No. 10: Option I That was Verbally Approved by NOAH Exhibit No. 11: Definitions of "Dock" and "Pier" as stated in Renton Municipal Code, (multiple pages) Exhibit No. 12: Option 2: Diagram Showing Use of Existing Rockery Just South of Existing Boatlift. Exhibit No. 13: Memorandum from Gerald Walser to the Hearing Examiner which included 10 new drawings for the proposed dock and ski lift. Exhibit No. 14: Hydraulic Project Approval for a 60' dock on Mr. Brennan's property by the Washington Department of Fish and Wildlife Exhibit No. 15: Letter from the Department of Army Corps of Engineers regarding the construction of a pier, relocation of a boatlift and installation of a jet ski lift on the Brennan pro e Exhibit No. 16: Packet of Permits and drawings for the new pier, boatlift and jet ski lift on the Brennan property. The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The property is located at 3405 Lake Washington Boulevard North. The request is for a new residential dock on the shore of Lake Washington. Lake Washington is considered to be a Class 1 water subject to the City's Shoreline Master Program. The property currently has two docks, two boat]ifts and a jet ski lift. The applicant proposes to move one of the existing docks, a 256 square foot floating dock, to accommodate construction of the proposed 60 -foot long, 4.8 foot wide dock. The remaining dock would be moved three feet waterward into deeper water. One dock is located in the northwest corner; the other dock is located in the recessed portion of the parcel just north of the first dock. The southern dock is proposed to be removed. The Environmental Review Committee issued a Determination of Non -Significance -- Mitigated with 2 mitigation measures. No appeals were filed. This project appears to meet the five criteria for a Shoreline Conditional Use Permit including being compatible with other permitted uses within the area, however the Shoreline Master Program clearly states that there shall be no more than one pier or dock per developed waterfront lot or ownership. A variance would be necessary to approve two docks on one property. Staff would be supportive of a new dock construction and installation of a new boatlift only if both of the existing docks and the existing boatlift and existing jet ski lift were removed prior to any construction. Another criterion is that the use will not interfering with the public use of the public shoreline, this project will not interfere with the public use of the public shoreline. Third, the design of the site would be compatible with the surrounding area and the City's Master Program, if the project was one dock and one boatlift it would be compatible with other uses in the area. The design of the new dock and boatlift as well as the plantings proposed would help to mitigate any impacts to ecological functions and critical areas resources. Fourth, the criteria requires the project to be in harmony with the general purpose and intent of the City's Master Program, it appears that two docks are not in compliance with the Shoreline Master Program. One dock would be a residential accessory use associated with waterfront residences and Staff would be supportive of one dock and one boatlift. Finally the proposed use must meet the conditional use criteria in WAC 173-27-160, in order to meet this requirement the two existing docks would need to be removed prior to construction of the proposed dock. 17A Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 3 The subject site is designated as residential single-family in the Comprehensive Plan and the proposed use qualifies as an accessory use to waterfront property. The design is compatible with other residential docks in the area. This section of Lake Washington is designated as Urban Environment in the Shoreline Master Program Regulations and is developed primarily with residential uses. The dock would be fully grated, allowing light transmission. Installation and construction would take place only between July 16 and September 30, 2010, the established fish window by the Department of Fish and Wildlife. A silt curtain would be installed to protect against any debris and sediment that might escape during demolition and construction. The project site includes a single-family private residence, if the two docks, boatlift and jet ski lift are removed the proposed dock and boatlift will be the only uses on the site at this time. The boatlift requires a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit that would be approved by the Department of Ecology. If the two existing docks, one boatlift and one jet ski lift were to be removed and the new dock and boatlift installed, Staff would have only 4 conditions of approval. Jerry Brennan, 3405 Lake Washington Blvd N, Renton 98056 stated that this project has been a challenge, the current design, even though he currently has two docks, he understands that two docks are not allowed. He has been working with the various agencies to find a fish -friendly solution as well as one that meets the criteria of the City of Renton. They originally proposed a lift in front of the shoreline where it is 9 -feet deep, which would allow the placement of a free-standing boat lift. The Army Corps of Engineers found that to be an impediment to fish travel along the rockery. Placing the boatlift along the side was perceived as being a more fish friendly solution. With further review, this placement was perceived as being a second dock and so he returned to the Army Corps of Engineers, option I was presented and verbally approved by NOAA. The boatlift would still be located to the side much in the same location as the original proposal. A salmon spawning rockery along the toe of the rockery was suggested, however, there cannot be a lift in that area because that is where the fish would travel through. Moving a boatlift into deep water would require piles being installed at a water depth of approximately 12-112 feet; that is perceived to be not very fish friendly. He then proposed to have a seasonally installed catwalk, it would not be pile driven. This would only be in use during the summer months. A definition was given of a "pier" and a "dock". The catwalk would not be defined as a pier or a dock per the current Renton codes. This appears to be the best balance of the environmental needs of not putting piling in the deep water for a lift, not locating the lift off the main 60 -foot dock and still allowing a method by which he could access his boat in the summer months. Option 2 allows access to the boatlift, something would have to be built on top of the rockery to give something in order to be able to get on and off the boat. Trying to balance the desires of the Army Corps and Fisheries and staying within the existing Renton codes has been very difficult. The challenge is where to place the boatlift that is fish friendly and code friendly. The Examiner questioned if the boatlift could be put in the place of the jet ski lift. Mr. Brennan stated that it was too deep of water in that location and piling would have to be installed if he were to locate the boatlift in that area. It could be done, but it would mean additional pile being placed in the water which is. perceived to be environmentally disadvantageous. The Corps is against any more pilings in the water because bass hide behind them and eat the salmon as they swim by, so to add more pilings would be a bad thing and would require mitigation. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 4 Mr. Wasser stated that a catwalk is considered, by definition, to include as a dock or pier. The issue before the Examiner today is the numbers of docks and the numbers of boatlifts. Mr. Brennan is looking for a way to preserve more than one boatlift and perhaps more than one dock. Mr. Brennan stated that for the jet ski, he could do an over dock mounted lift, which is common. There would be no in -water structure. In the Staff Recommendations, it states that the demolition permit must be completed before receiving the pier construction permit, he would like to have both permits concurrently. He would ask that a boatlift be allowed to stay during the construction process. He does not have a trailer or any place to put a boat. The jet ski could be put on a trailer and placed on blocks in the driveway; he does not have a place to put his boat. The northeast boatlift will be removed and nothing will be put in its place. There is a boatlift to the southwest of that first lift, there is a jet ski lift just south of that. Kayren Kittrick, Community and Economic Development stated that the sewer line is visible on the surface of the water near the shoreline, during construction this line will be flagged. The Examiner inquired of Mr. Brennan if he would like this project to be sent back to staff or work out more of the details. Mr. Brennan stated that he would like staff to have time to review Option 2 that would be the best option at this time. Kayren Kittrick further asked that this matter go back to staff so that Mr. Brennan's request to retain the boatlift at the same time, it may affect the conditions. The Examiner stated that he would keep the record open and remand the matter back to staff to achieve a final plan to reconvene at a date and time uncertain. The Brennan 3405 Dock Construction reconvened on July 20, 2010 at 9.01 am. Parties wishing to testify were reaffirmed by the Examiner. The hearing began with a presentation of the by Gerald Wasser, Associate Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98055. On May 11, the public hearing was held, at that time Mr. Brennan was seeking approval of two docks, two freestanding boat lifts and an existing freestanding jet ski lift. The code through the Shoreline Master Program clearly specifies that only one dock or pier is allowed for each lot. Subsequent to that hearing Mr. Brennan did submit 10 new drawings that were attached to the Memorandum forwarded to the Hearing Examiner on June 29, 2010 and which were entered as Exhibit 13, 14,15 and 16 today, Mr. Brennan currently proposes a 60'long dock, 4-8' in width to have a dock mounted boat lift, which would require a conditional use. It would also have one of the existing free standing boat lifts relocated to this location. It is less intensive than the original proposal and as such does not require any further environmental documentation. The previous mitigation measures would still be required. • Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 5 • The current proposal appears to meet all criteria and it was recommended that the Hearing Examiner find that they are consistent with Mr. Brennan's proposal. Approval of this proposal would include the removal of the two existing docks and the relocation of the boat lift and the jet ski lift. The rock jetty would remain as it is. Jerry Brennan, 3405 Lake Washington Blvd N., Renton 98056 stated that he had received approval from the Army Corps of Engineers, NOAA and National Marine Fisheries. The Washington State Department of Fish and Wildlife came to the property, did a review of the plan and has their approval of the plan. The final approval needed at this time would be from the City of Renton. Mr. Brennan stated that he has limited his access and has cleaned up the area considerably. The dock mounted jet ski lift does not have any legs for bass to hide behind and eat salmon as they swim through. This plan was much preferred by the Department of Fish and Wildlife. The boat lift is now around the corner and away from the path of travel of the fish. He also would be installing 25 yards of salmon spawning gravel to promote salmon spawning. Kayren Kittrick, Community and Economic Development stated that everything has been covered. The sewer line is in the water and Mr. Brennan is very aware of it and the exact location of the sewer line is very easy to determine. if there is to be any .form of water piping to the dock, proper cross connection control would be required. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:19 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, Jerry Brennan, filed a request for a Shoreline Conditional Use Permit as well as a Shoreline Substantial Development Permit to install a boatlift as well as an associated dock in Lake Washington. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance- Mitigated (DNS -M). 4. The subject proposal was reviewed by all departments with an interest in the matter. There was no opposition from the public regarding the subject proposal. The subject site is located at 3405 Lake Washington Boulevard North. The subject site consists of an approximately 10,264 square foot lot. The subject site is located west of Lake Washington Boulevard on the shoreline of Lake Washington. The subject site is south of Kennydale Beach Park. 0 0 Brennan 3405 Dock Construction Pile No.: LUA-10-0 11, SM, SMC August 5, 2010 Page 6 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family residential uses, but does not mandate such development without consideration of other policies of the Plan. The subject site is currently zoned R-8 (Residential - 8 lots per acre). The site is developed with a single family home. The subject site was annexed to the City with the adoption of Ordinance 1800 enacted in October 1959. 10. The hearing was continued to allow the applicant and staff to refine the applicant's original plans for two docks and lift and additional plans submitted at the first public hearing. 11. The subject site has a lot that has a shoreline that runs south to north and then jogs eastward and then north again. A rockery supports the shoreline. A separate rockery or rock jetty extends into the water not far from the north property line. 12. The applicant now proposes installing a 60 -foot long dock (over water length) that will vary between 4 and 8 feet wide totaling approximately 330 square feet. A jet ski lift would be located adjacent to the south side of the proposed dock. An existing boat lift would be moved to a location adjacent to the shoreline. 13. Other existing facilities would be removed including a floating dock and another near -shore dock as well as another boat lift. 14. The dock would be supported by six 8 -inch diameter steel piles. The piles would be bridged by Glu -lam beams. The piles would be driven from a barge by drop hammer. The jet ski lift would be dock - mounted. The pier and lift would be marine grade aluminum with a grated material to allow the passage of light to ward off salmon predators. The older boat lift will be moved to the east -west section of the property's shoreline. 15. The applicant will be installing approximately 360 square feet of gravel along the L-shaped section of shoreline to enhance salmon spawning habitat. 16. Code requires a five foot side yard setback from the property line. The proposal meets this requirement. 17. The work will be done in the time window specified by the state to avoid interfering with salmon activity in the lake. A silt fence will be installed around the work area. 18. The applicant will plant native vegetation along the rock bulkhead in association with dock construction. 19. Lake Washington's shoreline is classified as a Shoreline of Statewide Significance and therefore any development adjacent to it is subject to the City's Shoreline Master Program. This section of the shoreline is designated as an Urban Shoreline. 20. Other boatlifts have been approved along other areas of the Lake Washington shoreline in Renton. 21. A sewer line is located in the lake bed adjacent to the subject site. Any work done in the lake will have to be planned around the location of the line including the driving of the piles. Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 7 CONCLUSIONS: I , The criteria for approving a Shoreline Conditional Use permit are twofold. There are City criteria and those City criteria require compliance with additional State criteria_ Those criteria are as follows: Renton: Section 4-9-190.1.5: 5. Conditional Use: a. Purpose: Upon proper application, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. b. Decision Criteria: Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit will be granted subject to each of the following conditions: i. The use must be compatible with other permitted uses within that area. ii. The use will not interfere with the public use of public shorelines. iii. Design of the site will be compatible with the surroundings and the City's Master Program. iv. The use shall be in harmony with the general purpose and intent of the City's Master Program. v. The use meets the conditional use criteria in WAC 173-27-160. Washington State: WAC 173-27-160: Review criteria for conditional use permits. The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by local government or the department to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the act and the IocaI master program. (1) Uses which are classified or set forth in the applicable master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: (a) That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; (b) That the proposed use will not interfere with the normal public use of public shorelines; Brennan 3405 Dock Construction File No.: LUA-10-011, SM, SMC August 5, 2010 Page 8 (c) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (e) That the public interest suffers no substantial detrimental effect. (2) In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. (3) Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program. (4) Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection (1) or (2) of this section. 2. The area is zoned for residential uses. Many residential properties along Renton's Lake Washington shoreline are served by docks and piers. Boatlifts are becoming more common. The lifts, the new jet ski lift and the relocated older boat lift are proposed for the private areas of lake bottom and the adjacent uplands although they are located in the lake. They should be non -intrusive visually and such lifts have become a more common element of already permitted docks and piers. The lifts should not present an unusual obstacle to navigation. The jet ski lift will be dock -mounted and the other lift is in a recessed area of the shoreline. The proposed lifts should not interfere with public use of the shoreline, particularly since this is a private shoreline. The dock is already permitted in this area and it is only the boat and ski lifts that are the subject of this review. The lifts will not create any untoward impacts on adjacent uses or on water -oriented uses. The next series of criteria are contained within the Washington Administrative Code. One of the paramount goals is to protect the ecology of the shoreline. The applicant proposes additional plantings in conjunction with installing the dock and the placement of gravel on the lake bottom to enhance salmon spawning. The jet ski lift will be out in the lake and not affect the actual shoreline while the relocation of the older lift will be adjacent to the shoreline, it is in a recessed area and will not affect water use. The dock and pilings will obviously permit and encourage boating on the lake which could have an ecological impact. b. The lot is private and extends out into the lake. The proposed lifts will serve its respective lot. Private uses are permitted in this area of the shoreline. The use is similar to those uses permitted in an urban shoreline. The use should not impair the public use of this section of the lakeshore or the water in its vicinity. L' Brennan 3405 Dock Construction File No.: LUA-10-0If, SM, SMC August 5, 2010 Page 9 The dock and lifts should not interfere with any uses that might occur in this area of the lake. The comprehensive plan designates this area as suitable for residential uses and the usual complement of accessory uses. On a lakeshore property, piers, docks and similar uses including the proposed lift would be considered reasonable accessory uses. S. The proposed lifts should not create any significant adverse affects on the shoreline environment. The pier and lifts should not further harm the public interest. As noted in earlier decisions, the analysis of cumulative impact or impacts is hard to judge. This is an urban shoreline of Lake Washington and piers have been an accepted accessory use of waterfront property and others already exist in Renton and surrounding shoreline areas. The lifts would be located shoreward of the dock's end. Any number of docks already protrude out into the lake from many of the homes along the shore. Clearly, there have had to be impacts to water quality and habitat as a result of motor boating and docks shading the lake and some of the shallow areas. This additional action will probably not have much of a significant effect on the lake or shore. 11. Since lifts are neither permitted nor prohibited outright, it requires review under the Conditional Use criteria. The proposed use is generally consistent with the criteria noted above. 12. The applicant will have to observe due caution when working near or over the existing sewer line located in the lake bed. RECOMMENDATION: The Conditional Use Permit and the Shoreline Substantial Development Permit for the pier and lifts should be approved subject to the following conditions: The applicant shall comply with the mitigation measures imposed by the Environmental Review Committee in its Determination of Non -Significance — Mitigated issued on April 19, 2010. 2. The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application submitted to the City. Construction is limited to occur during the fish window for this portion of Lake Washington. (July 16 - September 30). The applicant shall obtain demolition permits for the two existing docks and such demolition shall occur prior to building permit issuance for the new dock. The applicant shall remove the existing boatlift and jet ski lift prior to construction and installation of the new dock and dock mounted jet ski Iift. The applicant shall have to observe due caution when working near or over the existing sewer line located in the lake bed. ORDERED THIS 5t' day of August 2010. FRED J. KA HEARING EXAMINER Brennan 3405 Dock Construction Pile No.: LUA-10-011, SM, SMC August 5, 2010 Page 10 TRANSMITTED THIS 5" day of August 2010 to the parties of record: Gerald Wasser 1055 S Grady Way Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Jerry Brennan 3405 Lake Washington Blvd. N Renton, WA 98056 TRANSMITTED THIS 51h day of August 2010 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Marty Wine, Assistant CAO Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title N, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., August 19,201 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 N, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 .m. August 19 2010. 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. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 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Chip Vincent, Administrator CITY OF RENTON State Department of Ecology Northwest Regional Office JUL 3 0 Z012 3190 160th Ave. SE RECEIVED Bellevue, WA 98008-5452 CITY CLERK'S OFFICE SUBJECT: Shoreline Management Substantial Development Permit for Brennan 3405 Dock Construction File No. LUA10-011, ECF, SM, SMC Dear Sir or Madam: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on October 27, 2010. In reviewing our files we realized that the. Shoreline Substantial Development Permit had not previously been sent to you. A Determination of Non -Significance -Mitigated was issued by the City's Environmental Review Committee on April 19, 2010. The appeal period ended May 7, 2010, no appeals of the threshold determination were filed. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and contact me at (425) 430-7382 if you have any questions or need additional information. Since y, `+rGerald C. Wasser Associate Planner Enclosures: HEX Decision Legal Description Copy of Master Application Project Narrative Neighborhood Detail Map Notice of Application SEPA Checklist SEPA Determination SEPA Determination Mitigation Measures SEPA Determination Advisory Notes cc: Office of Attorney General Karen Walter, Muckleshoot Fisheries Jennifer Henning Jerry Brennan/Applicant/Owner Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov DEPARTMENT OF COMMUNITY City O ► <;- ,. AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: TYPE OF ACTION(S): October 27, 2010 LUA10-011, ECF, SM, SMC February 19, 2010 March 26, 2010 ® Substantial Development Permit ® Conditional Use Permit ❑ Variance Permit Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit. This action is proposed on the following application: PROJECT NAME: Brennan 3405 Dock Construction PROJECT MANAGER: Gerald Wasser, Associate Planner OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056 CONTACT: Same as above PROJECT LOCATION: 3405 Lake Washington Blvd. N LEGAL DESCRIPTION: See Attachment A SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E WITHIN THE SHORELINES OF: Lake Washington APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 4 to 8 -foot wide, 60 -foot long dock. The dock would be fully -grated, supported by six 8 -inch diameter steel piles connected by Glu -Lam beams and steel cross beams. The total new dock size would be 330 square feet. The project also includes the assembly and installation of City of Renton Department of Comity & Economic Development Shoreline Management Permit Brennon 3405 Dock Construction LUA10-011, ECF, SM, SMC DATE OF PERMIT: October 27, 2010 Page 2 of 3 a dock mounted jet ski lift. One of two existing freestanding boatlifts on the project site would be relocated next to the existing bulkhead and the other freestanding boatlift would be removed. An existing freestanding jet ski lift would also be removed as would the existing 16 - foot by 16 -foot floating dock. Additionally, an existing small dock accessible from shore would be removed to accommodate construction of the new dock. The following section/page of the Master Program is applicable to the development: RMC Section Description Page 4-3-090J Urban Environment 3-25 4-3-090K General Use Regulationsfor All Shoreline Uses 3-26 4-3-090L Specific Use Regulations 3-27 4-3-090M Variances and Conditional uses 3-39 4-9-1901.1, 2, 3, 5 Variances and Conditional Uses 9-54 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with all construction conditions of State agencies. 2. The applicant shall comply with all conditions of the Shoreline Conditional Use Permit, LUA10-011, ECF, SM, SMC recommended by the Hearing Examiner on August 5, 2010. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. C. E. "Chip" Vincent, Planning Director Planning Division APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within City of Renton Deportment of Co*ty & Economic Development Shoreline Management Permit Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC DATE OF PERMIT: October 27, 2010 Page 3 of 3 the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Attachments: A. Legal Description B. Proposed Site Plan cc: Attorney General's Office Jerry Brennan - Owner/Applicant City of Renton offical File • LEGAL DESCRIPTION; .ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JOW BRENNAN RAILROAD [EASE ACQUISMON, RECORDED JANUARY 29, 1999 IN 9901 127 OF SURVEYS AT PAGE 155. AS RECORDER'S CERT1FlCATE NO_ TOWNSHIP 28. RECORDS OF KING COUNTY, WASHINGTON. LYING IN 5EC710N 37, NO - TOWNSHIP 24 NORTH, RANGE 5 FAST. WILAAMETiE: MEN. LYING IN COUNTY, WASHINGTON W a u Q C w m L. Lw CD— Z_ �ss�~ (a3iana� dioLLJ O V) U U p Q Li U O L=LI O � N. U') 00 LAJ LLICM LLJ3:: o 0 J EEj�LL- W U7LL- 0[I-- 0 CL w Iwo a'Lq x 'n w o, U �v S [a Lzi! i w r� Q w w CD CL. it M NVNNma 5a -e2# AsnoH O �D A CD ---- CD LO N w �s W Q a_ c J J LL. b �j Q Rc : �9 L'm ' 10�o a w z Lu 00) —J� N 0 J EL Q CD 0 ►—� a 4J �1 co O O < r� C 0 o � Y co DWZ 4-n BE mva lois REPLY TO ATTENTION OP Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 987243755 Mr. Jerry Brennan 3405 Lake Washington Boulevard North Renton, Washington 98056 Dear Mr. Brennan: JUN 2 4 2010 city Of t r Reference: Brennan, Jerry NWS -2010-305 We have reviewed your application to construct a pier, relocate a boatlift, install a jetski lift, place 25 cubic yards of spawning gravel, and plant native shoreline vegetation in Lake Washington at Renton, Washington. Based on the information you provided to us, this "Letter of Permission" (LOP) permit authorizes the pier, watercraft lifts, and plantings, and Nationwide Permit 18, Minor Discharges (Federal Register, March 12, 2007, Vol. 72, No. 47), authorizes the placement of spawning gravel as depicted on the enclosed drawings dated May 24, 2010, and the planting plan dated January 22, 2010, which are made part of this permit. In order for this authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Letter of Permission General Conditions, Nationwide Permit 18, Terms and Conditions and the following special conditions: a. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in your Appendix A, Application form for RGP-3 and RGP -1 you submitted on February 17, 2010. The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on this document on May 20, 2010 (NMFS Reference Number 2010/01485). Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers (Corps) permit. The NMFS is the appropriate authority to determine compliance with ESA. b. In order to meet the requirements of the ESA programmatic letter of concurrence for selected activities in the Lake Washington/Lake Sammamish Basins (U.S. Fish and Wildlife Service reference (USFWS) number 13410-2009-1-386) you must comply with the applicable conservation measures in the enclosed document titled Enclosure 1, Conservation Measures for Activities Covered under the Lake Washington Programmatic Consultation Letter of Concurrence. If you cannot comply with these conservation measures, you must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an i 0 -2- individual consultation in accordance with the requirements of the ESA. The USFWS is the appropriate authority to determine compliance with ESA. c. To insure that light transmission is not impacted, grating must not be covered with or blocked by any objects, such as, but not limited to, buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes. d. In order to meet the requirements of the ESA and for the protection of Chinook, steelhead, and bull trout, the permittee may conduct the authorized activities from July 16 through December 31 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from January 1 through July 15 in any year this permit is valid. The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required for these requirements. We have reviewed your project pursuant to the requirements of the ESA and the Magnuson - Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat (EFH). The Corps has determined that this project will comply with the requirements of the above laws provided you comply with special conditions "a" through "d" listed above. Please be reminded that Special Condition "a" of your permit requires that you implement and abide by the ESA requirements and/or agreements set forth in the Appendix A form for Regional General Permit (RGP) 3 and 1 for this project. In particular, note that the RGP 3 requires that you implement a shoreline planting plan, monitor and submit monitoring reports on the planted area to the Corps and Services annually for a period of 5 years, and record the location and description of the planting area on your deed. Failure to comply with the commitments made in the RGP 3 constitutes non-compliance with the ESA and your Corps permit. Any change in the plans for this work will require that you submit revised drawings to this office and receive our written approval of those changes prior to conducting the work. Also, we have completed an approved jurisdictional determination for your project area which can be found on our website at http://www.nws.usace.ariny.rnil click on Regulatory, Regulatory/Permits, Recent Jurisdictional Determinations. If you object to any terms or conditions of this LOP or the jurisdictional determination, you may request an administrative appeal under our regulations 33 CFR 331 as described in the enclosed Appeal Process Fact Sheet and the Notification of Administrative Appeal Options and Process and Request for Appeal form. Your authorization to conduct the proposed work under this LOP expires 3 -years from the date of this letter. 0 0 This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked on March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before March 18, 2012, you will have until March 18, 2013. Within 30 days of completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance you have conducted the work and any required mitigation in accordance with the terms and conditions of this LOP and NWP, including all special conditions. Failure to comply with all terms and conditions of this LOP and NWP verification will invalidate this authorization and could result in a violation of Section 444 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Also, you must obtain all State and local permits that apply to this project. Thank you for your cooperation during the permit process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.army.mil (select "Regulatory" and then "Regulatory/Permits"). While this project will not require further authorization from us, please note that it must comply with all State, local, and other Federal requirements that may apply. A copy of this letter without enclosures is being furnished to Becky Henderson, Marine Restoration and Construction, LLC, Post Office Box 884, Kirkland, Washington 98083-0884. If you have any questions, please contact Susan Powell at telephone (246) 764-5527 or via email susan.m.powellAusace.army.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: n Anthony O. Wright Colonel, Corps of Engineers District Engineer Enclosures L F F L,iJ J Li (f) 0 0 JERRY BRENNAN PIER PERMIT KENMORE RENTON LAKE MAP/NO SCALE APPLICANT: JERRY BRENNAN SITE ADD. 3405 LK WA BLVD N RENTON, WA 98056 MAIL ADD. SAME AS ABOVE PACE:1 OF 10 DATE: 05/24/2010 AND q4 L N 38TH ST N 3m ST 405 N 36TH ST N 36TH ST N 35TH ST z.€ N 34TH ST' a Y N 33RD PL a 4v 1 N 33RD ST L5 N N 32ND ST N 32ND ST i N 31 ST ST VICINITY MAP/NO SCALE SEC: 31-24N-05P- LAT. 1-24N-05ELAT: 47` 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO, 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSH P 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. COVER PAGE 2, EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6, 60' DOCK: PROPOSED TOP AND ELEVATION VIEW ADJACENT OWNERS - Q) JERRY BRENNAN 3411 LK WA BLVD N MARILEE KARNOFSKI 3401 LK WA BLVD N LOCAL JURISDICTION: CITY OF RENTON 7. 60' DOCK: PROPOSED PROFILE 8. COVE: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. CONSTRUCTION DETAILS REVISED: 5/24/2010 d '305 PAGE -1-/10 PROPOSED: CONSTRUCT A NEW 60' PIER; INSTALL DOCK MOUNTED JETSKI LIFT; RELOCATE EXISTING BOAT LIFT. PURPOSE: PROVIDE MOORAGE AND MAINTAIN NATIVE VEGETATION INTEGRITY DATUM. C.O.E. 00 EST. 1919 ' - MARINE RESTORATION & CONSTRUCTION LLC P.O. 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C) 14 Cca 00ca �y O 0000 00 m C rE4 V 1 � C r a d cc X X O aioz ion K :31va iota 0 0 "X12' GLU—LAB BEAM ATTACHED TC EACH SADDLE USING 3/4" THROUGH SOM 3/4" THROUGH BOLTS ON 3' CENTERS-TYP. r 1 *PLASTIC C U -FLOW 10 TING EEL BRACKET ILERS (TYP.) i GALVANIZED 'I" BEAM 16' GALVANIZED JILLL SADDLE i/2" THICK PROPOSED TOP VIEW "A - A" 112" = 1' D ' 10 4'-0" NOTE: 20 NAILERS PLASTIC THRU-FLOW 2'-6' TO 3' ON GRATING FIRST 3G' FROM SHORE - f 2x3 STEEL ANGLE BRACKET 2':L ; 'X12" GLU-LAM BEAM ATTACHED To EACH SADDLE USING O.H.W. 3/4" THROUGH BOLTS W6X15 GALVANIZED ` 3"X6"X16" GALVANIZED STEEL "I" BEAM STEEL SADDLE 1/2' THICK (TYP.) V5/8" GALVANIZED STEEL PLATE NEW STEEL PILES A PROPOSED SECTION VIEW "A - A" 112" REVISED' = 1' _ 5/24/2010 PAGE 9/10 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE, (425) 576-8661 E—MAIL: DOCKSOMARINELLC.COM FAX; (425) 576-8669 AM w 0; F W3 OR R°, M,�°"�N M LLC 0 "1'x3' THRU—FLOW PANEL FASTENED AT 6 PLACES EA. THRU-FLOW GRATE PAN N.T.S. 3" MARINE GRADE SS SCREW 3/4" THROUGH BOLTS ON 3' l CENTERS—TYP. PLASTIC THRU—FLOW GRATING —3X4 NAILER �'— 3/4" GALVANIZED 54"x12" _ CARRIAGE BOLT GLU—LAM AT EACH CONNECTION D CONNECTION DETAIL 9 N.T.S. REVISED: 5/24/2010 PAGE 10/10 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSCMARINELLC.COM FAX: (425) 576-8669 1H5 WAMC 15 PaOPER'Y ° MARK ftS�T�RAnX & MN5W&CrM uC r4 Wy No' a[ CMM DR REPRQa"gp MI MT WRT k DNStHr PJ WATER SURFACE ELEVATION = 16.84(NAVD88) SEWER LOCATION IS SCALED FROM SHEET 4 OF 6 CITY OF RENTON PUBLIC CWEAED PORCH WORKS PROJECT S-442 S 572. DOCK DATED 11-1986 16' IN!G �OC'K ` o OEI qSI y E{F PLANTING DESIGN BY: WATERSHED 750 Sixth Street South Kirkland WA 98033 t: 425.822-5242 f 475.927.8136 .w wwwatershedco.com 1C!: r: E' D' Se- n 0 EXIST. 12')< 6' f DOCK TO /BE RECONS RUCTEV AND M ED 3' TO DE PER WATER %1 / 2Q,/I BOAT U FT DOCK LIFT 0 EXIST. c�����0 BOAT LIFT �(- �� TO REMAIN r REMOVE EXIST. BOAT L1�T wK,aav EX, DOCK (� I TO BE REMOVED FOR DOCK CRACCESS (.3�� ;L ,TO REMAIN DHA -5 ,JOB SITE � rT 72 E 13OD679M93 REV -20.51' b hcp 1 THE BRENNAN RESIDENCE 3405 Lake Washington Blvd N Renton, WA 98056 40 SCALE.- f" - 4a' so 0Tx r �S � �"'lo- )PAGE 3 /3 MARINE RESTORATION & CONSTRUCT ON LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -- 6884 PHONE: (425) 576-6661 E—MAIL: PIERSOMARINELLC.COM FAX: (425) 576-8669 ="a. —wdow.- --"'°--- 4" w �-Z-��; CWEAED PORCH � S 572. DOCK DHA -5 ,JOB SITE � rT 72 E 13OD679M93 REV -20.51' b hcp 1 THE BRENNAN RESIDENCE 3405 Lake Washington Blvd N Renton, WA 98056 40 SCALE.- f" - 4a' so 0Tx r �S � �"'lo- )PAGE 3 /3 MARINE RESTORATION & CONSTRUCT ON LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -- 6884 PHONE: (425) 576-6661 E—MAIL: PIERSOMARINELLC.COM FAX: (425) 576-8669 ="a. —wdow.- --"'°--- EXISTING COTONEASTE& SPECIES TO REMAIN PER r/ •2�: OWNER, PLANT SCHEDULE 0 EXISTING BIG LEAF MAPLE AND SNOWBERRYTOREMAIN r PLANTING NOTES SfrE PREP NOTES: • Existing concrete debris, concrete blocks, rocks over 3' in diameter and other trash encountered during planting (and only within the planting area) shall be removed, unless the removal would compromise the stability of the shoreline. e Naturally occurring woody debris, such as logs and large branches shall remain. Any chemically treated or creosote covered woody material shall be removed. GENERAL PLANTING SEQUENCE; I. Native plant installation shall occur during frost,fr ee periods only. Preferred months for Installation are between September 15th and April 15, prior to hot, dry weather. Plants may only be installed during hot weather If the contractor or applicant agrees to Immediate irrigation of the entire planting area, delivering at least 2" of water per week from June I st through September 15th. 2. Procure plants In legend. No substitutions are allowed w/ out acceptance from permit granting authorities. 3. Install plants per planting details on sheet 3 and water each plant thoroughly to remove air pockets. 4. Install a 4' depth, coarse wood{hip mulch layer in an I B' 'diameter circle around each installed plant, outside of Lake Washington Ordinary Hitch Water Mark OHWM only. 5. Install a temporary or permenant irrigation System capable of delivering 2" of water per week to the entire planted area. Maintain Irrigation system in working condition for at least two (2) summer; after initial plant installation. b. One year after initial plant insWiation, apply orgartk, slow-reiease lertiiaer such as Osmocote or Perfect Blend 4-4-4 to each plant outside of Lake Washington OHWM mark only PERENNIALS & FERNS * v�ITJF! scti. I e �o w�ILlsy.l+wrr. IGtl sw,cct,uolnc*�s.L,sr rOilnoll reo ruvreuxill LEAS 2 TiEP[IIlMA1iLL eNJZ Ft)p,O:yWA LGL I MILT O„SnGLE e�:4Es HOOar1Y M1LL�1' spa, .4 IN" 1 GILL >2 SHRUBS resre>7or+s�wn.nx LGL ewsr vame.An _ e LEO ppcwm 1GL S 1 LL 1OLYSI C4M YW M tx PLANTING DESIGN BY; 11AA Gl1LT�@IAfMNIaM 11.N. 6 a", y, t�L11 GRpUNDCOYER hdIron ae ys>tse°I°a ec.L a .en,wo�w �+`nosT�nrrsns uv�lxw rron lac Irne WAT ERS H ED egeS WX.II,NElN1 1 WL 3 NLL ® E1az n wftpNE' "K r RDFLON'ENHG [uVlwr WE[WkWGEo OV6�pQS TOIWM'FR 750 Sixth Street South ✓1 Kiridand WA 98033 s 425.822.5242 { 475.827.8136 p 20' 40' ® I www_watarshedco.com SCALE r = 20' PAGE 2/3 MARINE RESTORATION & CONSTRUCTION M LLC MAIL: P.0, BOX 884, Kirkland, WA 98083 -- 0884 E—MAIK:: PIERSOMARINELL.C.COM 6! e!®�M�e® �MQIf lelpl i�011lf i meilCOtlV LLC MY WT NT i • 0 NOTES: 1. PLANT GROUNDCOVER AT SPECIFIED DISTANCE ON -CENTER (O.C.) USING TRIANGULAR SPACING, TYP. 2, LOOSEN SIDES AND BOTTOM OF PLANTING PIT AND REMOVE DEBRIS 3. LOOSEN ROOTBOUND PLANTS BEFORE INSTALLING 4, SOAK PIT BEFORE AND AFTER INSTALLING PLANT 4" DEEP SPECIFIED MULCH LAYER HOLD BACK FROM STEMS 2" HT. WATER BASIN; NATIVE SOIL OR MULCH SOIL AMENDMENTS AS SPECIFIED A GRQUNDCOVER & PERENNIAL PLANTING DETAIL NTS I, 2X MIN DW ROOTBALL NOTES: I. PLANTING PIT SHALL NOT BE LESS THAN (2) TIMES THE WIDTH OF THE ROOT BALL DIA. 2. LOOSEN SIDES AND BOTTOMS OF PLANTING PIT 3. SOAK PLANTING PIT AFTER PLANTING REMOVE FROM POT & ROUGH -UP ROOT BALL BEFORE INSTALLING. UNTANGLE AND STRAIGHTEN CIRCLING ROOTS - PRUNE IF NECESSARY. IF PLANT IS EXCEPTIONALLY ROOT -BOUND, DO NOT PLANT AND RETURN TO NURSERY FOR AN ACCEPTABLE ALTERNATIVE 4" MULCH LAYER - HOLD BACK MULCH FROM TRUNK/STEMS 3" MIN HT. WATER BASIN FINISH GRADE SLOW RELEASE GRANULAR FERTILIZER, OSMOCOTE OR APPROVED EQUIV. (OUTSIDE OF O.H.W.M. ONLY) APPLIED ONE YEAR AFTER INITIAL PLANTING REMOVE DEBRIS AND LARGE ROCKS AND BACKFILL WITH NATIVE SOIL. FIRM UP SOILAROUND PLANT TREE & SHRUB PLANTING DETAIL NTS PLANTING DESIGN BY: 1i1_= WATERSHED 750 Sixth Street South Ki WwW WA 99033 425.6225242 r 425.927,8136 www,wazershedm.com Sc.ier� z t1s_fT� s PAGE 3 s MARINE RESTORATION & CONSTRUCTION LLC MAIL P.O. BOX 884, Kirkland, WA 98083 — 0884 E—MAIL: PIERSOMARINELLC.COM w ■rwo s �ry a Mw acv ■ mswmn, =At w im i as a mmmm wMvr wa mar I m Kk ocoo 0Q pm ss��—�s — r HOUSE J3405 BRENNAN � M= OZ Z M a �g v� �o d -0OMcn �;u -n �2;gym 'D m m OD O m O U 4�- C 4 O N a] DC') - m��� voC-)c-) m Yn Q / B''CIP (BURIED) O m 8 q• r X rn � I ny f�►}7 �rn RO m Z ■p ��zMQ Q� 9Q N.N ' C ROCKERY -0 0 to LD OVERED c• I I PORCH HOUSE J3405 BRENNAN � M= OZ Z M a �g v� �o d -0OMcn �;u -n �2;gym 'D m m OD O m O U 4�- C 4 O N a] DC') - m��� voC-)c-) m Yn Q / B''CIP (BURIED) O m 8 q• r X rn � I ny f�►}7 �rn RO m Z ■p ��zMQ Q� 9Q N.N ' 0 0 Ni � Iom2 \/m ƒ22 ?9 �� �QQk � /\\-0 dna 32 mem E)> m 1 / / M ;;a \/ / / \/ � � 2 zeJ/ � . -pt M a Cri c 2mQ f z $ �� 7720 e 2z \ND 2 G-) g C /o /�A ? / % 1 k2 / / / u �/ OHW . � � � 7% � . ! \$ 0$ q� -� / \ G � � � PIER: A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. DOCK: A fixed or floating platform extending from the shore over the water. Piers and Docks: a. Purpose: To establish approval and design criteria. b. Fees Prohibited: No fees or other compensation may be charged for use by nonresidents of piers or docks accessory to residences. c. General Design Requirements: i. Minimize Interference: Piers and docks shall be designed to minimize interference with the public use of the water surface and shoreline. H. Floating Docks: The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. iii. Expansion Encouraged: The expansion of existing piers and docks is encouraged over the construction of new facilities. iv. General Criteria for Approval of Docks and Piers: The responsibility rests upon the applicant to affirmatively demonstrate the need for the proposed pier or dock in his application for a permit. The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: The dock or pier length does not extend beyond a length necessary to • provide reasonable and safe moorage. The dock or pier does not interfere with the public use and enjoyment of • the water nor create a hazard to navigation. The dock or pier will not result in the unreasonable interference with the • use of adjacent docks and/or piers; and The dock or pier must comply with the design criteria specified in the • following sections. v. Construction Type: All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger of significant damage to an ecosystem, where scenic values are high, and where one or more of the following conditions exist: • Extreme water depth, beyond the range of normal length piling. • A soft bottom condition, providing little support for piling. • Ledge rock bottom that renders it not feasible to install piling. vi. Safety: All piers and docks shall be constructed and maintained in a safe and sound condition. vii. Protection from Toxic Materials: Applicants for the new construction or extension of piers and docks or the repair and maintenance of existing docks shall use materials and methods which prevent toxic materials, petrochemicals and other pollutants from entering surface water during and after construction. d. Allowable Types of Piers and Docks: Permits for the following construction of piers or docks will be allowed: i. Piers and docks which provide for public recreational access and use or marinas. ii. Community piers and docks in new major waterfront subdivisions, iii. Piers and docks which are constructed for private joint use by two (2) or more waterfront property owners. iv. Private single family residence piers and docks. v. Community piers and docks for multi -family residence including apartments, condominiums, or similar developments. vi. Water -dependent commercial and industrial uses. e. Design Criteria for Single Family Docks and Piers: i. Number: There shall be no more than one pier per developed waterfront lot or ownership. iii. Dock Size Specifications: The following dock specifications shall be allowed: Length: The dock may extend to a maximum of eighty feet (80') beyond the ordinary high water line into the water or until a depth of twelve feet (12') below the mean low water mark, whichever is reached first. However, in no case shall a dock of less than fifty feet (50) in • length be required. • Width: The maximum width of a dock shall be eight feet (8'). Location: No portion of a pier or dock for the sole use of a private single family residence may lie closer than five feet (6) to an adjacent • property line. Extension: One extension of a dock parallel to the shoreline or one float may be allowed provided such extension is not located closer that five feet (5) from a side lot line or exceed one hundred (100) square • feet in size. iii. Joint Use Piers and Docks: Location: A joint use dock may be constructed for two (2) contiguous waterfront properties and may be located on a side property line or • straddling a side property line, common to both properties. Agreement: A joint use ownership agreement or covenant shall be prepared with the appropriate signatures of the property owners in question and recorded with the King County Assessor's Office. A copy of the recorded agreement shall be provided to the City. Such • document should specify ownership rights and maintenance provisions. Dock Size Specifications: Joint use docks and piers may extend to eighty feet (80) beyond the ordinary high water mark or to a depth of • twelve feet (12'), whichever is reached first. Joint use docks and piers may not exceed a maximum width of twelve • feet (12'). Joint use docks and piers may be allowed one pier extension or float a • maximum of one hundred fifty (150) square feet in size for each owner. Requests for greater dock length may only be submitted as specified below under subsection L12i of this Section once an individual has failed to work with an adjacent property owner in establishing a joint use • dock. f. Design Criteria for Multi -Family Residence Docks: i. Resident Moorage: Moorage at the docks shall be limited to residents or owner of the subdivision, apartments, condominiums or similar developments for which the dock was built. fl. Maximum Number of Berthing Spaces: The ratio of moorage berths to residential units shall be one berth for every two (2) dwelling units. iii. Length of Multiple Family Pier or Dock: Multiple family piers and docks shall not exceed a length of one hundred eighty feet (180) into the water beyond the ordinary high water mark, except as may be allowed under subsection L12i of this Section. g. Design Criteria for Recreational, Commercial and Industrial Docks: The following dock specifications shall be allowed: i. Length and Depth: Unless otherwise determined or directed by any State agency having jurisdiction, the dock may extend into the water one hundred fifty feet (150'); if the depth of thirty feet (30) is not reached, the dock may be extended until a depth of thirty feet (30') is reached, provided the dock does not exceed two hundred fifty feet (250'); and in the case of a marina adjacent to a designated harbor area, docks and associated breakwaters may extend to the greater of (a) the distance determined pursuant to the foregoing criteria, (b) the inner harbor line, or (c) such point beyond the inner harbor line as is allowed by the terms of a lease, license or other formal authorization approved by the Washington State Department of Natural Resources or other agency with jurisdiction. ii. Width: The maximum width shall be twelve feet (12'). Ill. Location: Docks shall be placed no closer than thirty feet (30') to a side property line. iv. Piers or Docks Associated with City Trails: Docks or piers which are associated or linked with City trails shall be no greater than necessary to serve the intended purpose and will be determined by the City on a case-by- case basis. h. Use of Buoys and Floats: i. Buoys and Floats Encouraged: Where feasible, the use of buoys and floats for moorage, as permitted below under subsection L12h(ii) of this Section, may be allowed as an alternative to the construction of piers and docks. Such buoys and floats are to be placed as close to shore as possible in order to minimize hazards to navigation, including reflectors for nighttime visibility. In no case shall a buoy be located further from the shoreline than the allowable length for docks. ii. Requirements: Floats shall be allowed under the following conditions: Floats shall be anchored to allow clear passage on all sides by small • watercraft. Floats shall not exceed a maximum of one hundred (100) square feet in size. A float proposed for joint use between adjacent property owners • may not exceed one hundred fifty (150) square feet per residence. • A single family residence may only have one float. Floats shall not exceed a length of fifty feet (50) into the water beyond • the ordinary high water mark, except public recreation floats. i. Variance to Dock and Pier Dimensions: Requests for greater dock and pier dimensions than those specified above may be submitted as variance applications to the City's Land Use Hearing Examiner. Any greater dimension than those listed above may be allowed by the Land Use Hearing Examiner for good reason, which shall include, but is not limited to, conditions requiring greater dock dimensions. The Examiner, in approving a variance request, shall include a finding that a variance request compiles with: i. The criteria listed in subsection L12c of this Section when approving such requests; and ii. The criteria specified in RMC 4-9-19014. 13. Recreation: a. Definition: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife. b. Public Recreation: Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: i. Accessibility to the water's edge is provided consistent with public safety needs and in consideration of natural features. ii. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community; and iii. Just compensation is provided to the owner for property acquired for the public use; and iv. It is designed to avoid conflicts with owner's legal property rights and create minimum detrimental impact on the adjoining property; and v. It provides parking spaces to handle the designed public use, and it will be designed to have a minimum impact on the environment. c. Private Recreation: Private recreational uses open to the public shall be permitted only when the following standards are met: i. There is reasonable public access to the recreational uses, including access along the water's edge where appropriate. In the case of Lake Washington, significant public access shall be provided. ii. The proposed facility will have no significant detrimental effects on adjacent parcels; and iii. Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. • • Lf i N f.2 29 - 24 -5 & E!/23024-5 R ENTONO ' • r I ia1.s so + 40 + a ti�`��,5'srllil� 4J f f 4.T2 1 I _ 60 40, Q A V �4 Y I SLIP WHARF SET NYD) SLI P * Gov t. Lot �IO I5 AC wc:mmyDALE I • • - � �4 BEACH PARK,' tit ` _� 12 3 f + f N, 'm I. _/ — 1716 �i 1 18 20 �• Jf 3 ; — L at f�J V 1KOT z14 ��y a JIl�N. tlaEP1 w � A- 53.4 Sfl V _ 24 23 .26 — — •� 27 � 3 8b $ 7 8 29 r� 6k so v I I � 3 so ISM SO `'7 7 5D 49 4$ 47 4b 4S 44 43 N mor _ '43 33 34 •+ ,; a�b 3 2 I E 3 4 5 6 7 B 35;+ 3 10 i3 .6 SQ - ' j 110-3112ni- a ■ i�do A. 50 49 A&7 afi 5 49 °j $ 0 .til, amssmill N. 30TH ST. L F+ P W J a W JERRY BRENNAN PIER PERMIT KENMORE RENTON kNO 1006 N 3M ST 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. N 37TH ST 5. PROPOSED PLAN VIEW 6. 405 N 36TH ST N 36TH ST N 35TH ST � z SITE N 34TH ST N 33RD PL a 3 z m N 33RD ST N 32ND ST N 32ND ST N 31 ST ST City O VICINITY MAP/NO SCALE 71 innina iJivision SEC: 31 -24N -05E LAT: 47' 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF -BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. 12' DOCK: SECTION VIEW 11, CONSTRUCTION DETAILS LAKE MAP/NO SCALE __ - PAGE 1 /11 APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; SITE ADD. 3405 LK WA BLVD N Q JERRY BRENNAN REBUILD A SMALL 6'x12' PIER; RENTON, WA 980563411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. (2) MARILEE KARNOFSKI PURPOSE: PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 3401 LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY LOCAL JURISDICTION: PAGE:1 OF 11 DATE: 02/24/2010 CITY OF RENTON DATUM: C.O.E. 0,0' EST. 1919 MARINE RESTORATION & CONSTRUCTION LLC P.O. 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LL LLJ M, -j 6i LLI -i Cf) Ono all -I N� b a U) U, n E-4 ❑ W� W � cn U Y 0� IL X10 �I r 3 o U J W Z *� Q W �D C) w E--4 0�0 0000 I I LO LO [nQ � Ln Lf) L �� L C _� U 0 4 oco �o �Ico �00 �00OD OD 3 E v WY 00 W°° X O h�+�1 CL J a 2m aA Ed (CISTJn8) d CJ p 0�=o 0 a�a t ¢ a U z Q=7 S C6 in= �~Go L3LJ LLJW m_ n: I (n�00_; NYNN388 HONOd 0363AO L LLJ m N a ogm oc o. ci Ld� W NYNN388 HONOd 0363AO rn � 1 �- �l1r...�- 1 r,� -'F - OLM "-4J 10 =AVC 1Clr I IW Z m N oc o. r- W a i � a O ........... rn � 1 �- �l1r...�- 1 r,� -'F - OLM "-4J 10 =AVC 1Clr 0 0 CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 5th day of May, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents. This information was sent to: Name Jerry Brennan I Applicant/Owner/Contact (Signature of Sender): —< [ 'ri STATE OF WASHINGTON } } SS COUNTY OF KING 0yG I certify that I know or have satisfactory evidence that Stacy M. Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the use mentioned in the instrument. Dated: 7 5a o t Notary is in and for the State of Washington Notary (Print): k . A _ &cc, 6 -e-� My appointment expires: Zq �2 01 Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Denis Law City of Mayor Department of Community and Economic Development Alex Pietsch, Administrator May 5, 2010 Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 SUBJECT: Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Dear Mr. Brennan: This letter is to inform you that the appeal period will end May 7, 2010 for the Environmental Review Committee's (ERC) Determination of Non -Significance — Mitigated for the above -referenced project. If no appeals are filed on the ERC determination, the decision will be final. If the ERC determination is appealed, the appeal will be heard as part of the Hearing Examiner public hearing scheduled an May 11, 2010, where. Site Plan Conditions may also be issued. The applicant or representative(s) of the applicant are required to be present. Enclosed is a copy of the Preliminary Report to the Hearing Examiner for your review. If you have any questions, please feel free to contact me at (425) 430-7382. For the Environmental Review Committee, X� ��,�,, Gerald C. Wasser Associate Planner Enclosure Renton City Hall 9 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov 0 0 DEPARTMENT OF COMMUNITY d n- c,of AND ECONOMIC DEVELOPMENT HEARING EXAMINER PUBLIC HEARING May 11, 2010 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Brennan 3405 Dock Construction PROJECT NUMBER: LUA10-011, ECF, SM, SMC PROJECT DESCRIPTION: The applicant is requesting a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. HEX Agenda 5-11-10.doc 0 i PUBLIC City of Renton Department of Community & Economic Development HEARING PRELIMINA R Y REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST PUBLIC HEARING DATE: May 11, 2010 Project Name: Brennan 3405 Dock Construction Owner/Applicant: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056 Contact: Same as above File Number: LUA10-011, ECF, SM, SMC Project Manager: Gerald C. Wasser, Associate Planner Project Summary: The applicant is requesting a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreiione Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - September 30. Project Location: 3405 Lake Washington Blvd. N Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (gross): N/A Site Area: 10,264 sf Total Building Area GSF: N/A HEX Rpt.10-011 City of Renton Department Community & E,110mic Development 0 Preliminary Report to the Hearing Fxaminer Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Report of May 11, 2010 Page 2 of 10 Project Location Map f 2U, Acton .5imc. "�` �C •rf 9H ji- to 'meso= ak sw3 B07 51 � R�.,Bg_... a '• ;.-.� ar-.'. 1"3{8l St n4ZI UM53�z x".225) 3313 2scm2 D'S 14: est 22411= •701 3M ON 912 ....- HEX Rpt.10-011 40 City of Renton Department Community & FcorTbmic Development Preliminary Report to the Nearing Examiner Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Report of May 11, 2010 Page 3 of 10 B. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other C GENERAL INFORMATION: 1. Owners of Record: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056 2. Zoning Designation: Residential — 8 dwelling units per acre (R-8) zone 3. Comprehensive Plan Residential Single Family (RSF) Land Use Designation: 4. Existing Site Use: Single family residence under construction 5. Neighborhood Characteristics: North: Single-family residence and Kennydale Beach Park — R -S zoning Fast: BNSF Railroad tracks; Lake Washington Blvd. N, and single family residences — R-8 zoning South: West: 6. Access: i. Site Area: 8. Project Data: Existing dock/pier area: Proposed new pier area Single-family residence — R-8 zoning Lake Washington Lake Washington Boulevard North 10,264 sf Area Comments N/A N/A 416 sf To be constructed in conjunction with a single family house under construction HEX Rpt.10-011 material pertinent to the review of the project. Exhibit 2: Vicinity Map Exhibit 3: Existing Site Plan Exhibit 4: Proposed Site Plan Exhibit 5: Proposed Top View and Proposed Elevation View Exhibit 6: Planting Plan Exhibit 7: Zoning Map Exhibit 8: Shoreline Substantial Development Permit C GENERAL INFORMATION: 1. Owners of Record: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056 2. Zoning Designation: Residential — 8 dwelling units per acre (R-8) zone 3. Comprehensive Plan Residential Single Family (RSF) Land Use Designation: 4. Existing Site Use: Single family residence under construction 5. Neighborhood Characteristics: North: Single-family residence and Kennydale Beach Park — R -S zoning Fast: BNSF Railroad tracks; Lake Washington Blvd. N, and single family residences — R-8 zoning South: West: 6. Access: i. Site Area: 8. Project Data: Existing dock/pier area: Proposed new pier area Single-family residence — R-8 zoning Lake Washington Lake Washington Boulevard North 10,264 sf Area Comments N/A N/A 416 sf To be constructed in conjunction with a single family house under construction HEX Rpt.10-011 City of Renton Deportment Community & Ecowc Development Preliminary Report to the Hearing Examiner Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Report of May 11, 2014 �T Page 4 of 10 D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 1800 10/14/1959 Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Shoreline Exemption LUA98-134 N/A 02/23/1999 Shoreline Exemption LUA99-166 N/A 01/28/2000 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAIL CODE: 1. Chapter 2 Zoning Districts — Uses & Standards Section 4-2-110: Development Standards for Residential Zoning Designations 2. Chapter 3 Environmental Regulations and Special Districts Section 4-3-050: Critical Areas Regulations Section 4-3-090: Shoreline Master Program Regulations 3. Chapter 9 Procedures and Review Criteria Section 4-9-190: Shoreline Permits 4. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential single family objectives and policies. 2. Environmental Element: Fisheries and Wildlife Resources objectives and policies. G. DEPARTMENT ANALYSIS: 1. Project Description/Background The project site is located on the eastern shore of Lake Washington along Lake Washington Boulevard North. Lake Washington is designated as a Shoreline of Statewide Significance and is considered to be Class 1 water subject to the City of Renton Shoreline Master Program. The shoreline is classified as an "Urban Environment" in the City's Shoreline Regulations. No trees would be removed as a result of this project. The existing shoreline consists of a 6 -foot high rock bulkhead extending to the waterline. This designation permits a variety of uses within the shoreline area provided the use complies with the Master Program. Two docks, one boatlift, and a jet ski lift currently exist on the project site. The applicant proposes to remove one of these docks, a 256 square foot floating dock, to accommodate construction of the proposed dock. In addition, the applicant is proposing to relocate and reconstruct the remaining existing dock 3 -feet waterward of its current location. The reconstructed dock would retain its current dimensions of 12 -feet by 6 -feet, would be supported by four 6 -inch diameter steel piles, and would have a fully -grated deck. The existing docks are considered to be legally non- conforming. However, boatlifts are not outright permitted uses and, therefore, a conditional use permit is required and will be reviewed by the Hearing Examiner. HEX Rpt.10-011 City of Renton Department Community & Eco7r6mic Development Preliminary Report to the Nearing Examiner Brennan 3405 Dock Construction _ _ Ll1A10-011, ECF, SM, SMC Report of May 11, 2010 Page S of 10 The proposed project encompasses the construction of a 4 to 8 -foot wide, 60 -foot long dock. The dock would be fully -grated, supported by six 8 -inch diameter steel piles connected by Glu - Lam beams and steel cross beams. The total new dock size would be 330 square feet. The project also includes the assembly and installation of a freestanding, pre -manufactured, marine grade aluminum boatlift. The new dock construction would be accomplished by driving six 8 -inch diameter galvanized steel piles via a barge mounted drop -hammer pile driving system. Construction and staging of materials and equipment would be conducted using a barge. Any storage of materials on land would be landward of the Ordinary High Water Line (OHWL). All construction debris would be removed from the site and appropriately disposed of on land. The proposed boatlift would be approximately 10 -feet long by 10 -feet wide and would rest directly on the lake bottom on four 12 -inch by 12 -inch footpads. The boatlift would be operated by a solar -powered battery using non-toxic, water-soluble hydraulic fluid. The boatlift would be assembled using common hand tools on the barge and moored on Lake Washington during construction of the dock. The proposed project would include the planting of native vegetation above and landward of the existing bulkhead. The proposed plantings would be Vine maple, Hooker's willow, Red - Osier dogwood, Salal, Ocean Spray, Red flowering currant, Kinnikinnick, perennials and ferns. Project construction, assembly and installation would take place during the State Department of Fish and Wildlife established construction window, July 16 through September 30. No job shack would be needed; no off-site improvements or excavation are proposed for the project; and 25 cubic yards of salmon spawning gravel would be placed along the shoreline. No trees are to be removed. The estimated project value is $35,000.00. Comments from the Muckleshoot Indian Tribe Fisheries Division and the Washington Department of Fish and Wildlife were received. These comments were addressed in the report to the Environmental Review Committee. 2. Environmental Review Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.210, 1971 as amended) on April 19, 2010 the Environmental Review Committee (ERC) issued a Determination of Non -Significance - Mitigated (DNS -M) for the Brennan Dock and Boatlift. A 14 -day appeal period ends on May 7, 2010. No appeals of the threshold determination were filed as of the writing of this report. 3. Compliance with ERC Mitigation Measures Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued on April 19, 2010 the following mitigation measures with the Determination of Non -Significance — Mitigated: HEX Rpt.10-011 City of Renton Department Community & Ecoomie Development Preliminary Report to the Hearing Examiner Brennan 3405 Dock Construction LiJA10-011, ECF, SM, 5MC Report of May 11, 2010 Page 6 of 10 1. The applicant shall use the recommendations identified in the Lake Study, prepared by The Watershed Company, dated February 10, 2010; and 2. Prior to commencement of any removal or construction activities floating silt containment curtains shall be installed in the lake around the demolition/construction operation to control dispersion of any accidental short term disturbance of sediments. The silt containment curtains shall remain in place until demolition/construction activities are completed. 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency with Shoreline Conditional Use Criteria: RMC Section 4-9-190.1 lists 5 criteria that the Hearing Examiner is asked to consider when making a decision on a Shoreline Conditional Use application. These include the following: (1) The use must be compatible with other permitted uses within the area. The applicant proposes to construct a dock and to install a pre -manufactured freestanding boatlift in association with an existing single family residence on the shore of Lake Washington. The waterfront in the vicinity of the proposed project to the north along this portion of Lake Washington is currently being developed with residential water -related uses. The site currently includes two docks, a boatlift, and a jet ski lift. Other recently approved docks and boatlifts include: a single-family dock and boatlift at 3411 Lake Washington Boulevard N (LUA09-136), a joint use dock and two boatlifts in association with two townhouse units located at 4113 and 4119 Williams Avenue N (LUA09-074); a joint use dock and two boatlifts in association with two townhouse units located at 4101 and 4107 Williams Avenue N (LUA09-067); a dock and boatlift in association with two townhouse units located at 4057 and 4063 Williams Avenue N (LUA09- 045); a dock and boatlift in association with a single family residence located at 3707 Lake Washington Boulevard N (LUA09-006); a boatlift inside an existing boathouse in association with an existing single family residential dock located at 3709 Lake Washington Boulevard N (LUA08-047); and a community dock at Conner Homes at Barbee Mill located at 4205 Williams Avenue N (LUA08-027). The applicant has been in communication with the City of Renton regarding the legality of waterfront lots including the subject property. This is due to the origin of the land being surplused by the Burlington Northern Santa Fe Railroad (BNSF). Staff has previously indicated to the applicant that he may want to investigate the possibility of proposing a short plat on his ownership of this lakefront property in order to create two or three legal lots. Should the applicant secure an approved short plat including the subject property in the future, it may not be necessary to remove one of the existing docks if it is ultimately on a separate legal lot. HEX Rpt.10-011 City of Renton Department Community & EcoTfbmic Development Preliminary Report to the Nearing Examiner Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Report of May 11, 2010 Page 7 of 10 While proposed docks and boatlifts are compatible with uses permitted within the area, RMC 4- 3-090L.12.e.i clearly states that there shall be no more than one pier per developed waterfront lot or ownership. The applicant's proposal to construct one dock and remove one existing dock would result in two docks placed on the subject property. While staff would not be supportive of a Shoreline Variance, an approved Shoreline Variance could allow the construction and installation of a new dock and boatlift while retaining the existing docks, boatlift, and jet ski lift. Staff would be supportive of the new dock construction and installation of a new boatlift only if both of the existing docks, the existing boatlift, and the existing jet ski lift are removed prior to any construction activity. Staff recommends as a condition of approval that the applicant obtain demolition permits for the two existing docks and that such demolition occur prior to building permit issuance for the new dock. (2) The use will not interfere with the public use of public shorelines. The subject site is along private shoreline. The proposed 60 -foot long single family residential dock and boatlift would be located along the shore of Lake Washington. The applicant states that the proposed use would provide full-time moorage opportunities for the property owner and transient moorage for guests. While the proposal would not alter the public's ability to access the shoreline, the proposal does not comply with RMC 4-3-090L.12.e.i in that there would be more than one pier on this ownership. Kennydale Beach Park which is located to the north of the proposed project site provides public access to the shoreline. (3) Design of the site will be compatible with the surroundings and the City's Master Program. The proposed 330 square foot, 60 -foot long, 4 to 8 -foot wide residential dock and 10 -foot x 10 - foot freestanding residential boatlift would be associated with an existing single family residence. The City's Shoreline Master Program regulations require a minimum 5 -foot setback to an adjacent property line and that residential docks not exceed 80 -feet in length. The proposed project complies with these requirements. However, because there would be more than one dock and boatlift on the subject property, the proposal would not be compatible with other properties in the surrounding area. The City's Shoreline Master Program (WAC 173-26-230 b) states the design and construction shall avoid or, if that is not possible, shall minimize and mitigate the impacts to ecological functions and critical areas resources. The proposed residential dock and boatlift would be compatible with the objectives and policies of the City's Master Program as an accessory water use to existing residential uses if the two existing docks are removed. Should the two existing docks and one boatlift be removed, the fully grated design of the new dock and boatlift in addition to shoreline plantings would mitigate and minimize impacts to ecological functions and critical areas resources. (4) The use shall be in harmony with the general purpose and intent of the City's Master Program. The City's Shoreline Master Program gives preference to uses which preserve the natural character of the shoreline; result in long term over short term benefit; and, protect the resources and ecology of the shoreline. However, two docks currently exist on the subject site. HEX Rpt -10-011 City of Renton Department Community & poop omic Development Preliminory Report to the Nearing Examiner Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC_ Report of May 11, 2010 Page 8 of 10 Should the two existing docks on the site be removed then the proposed dock would be a residential accessory use often associated with waterfront residences. Boatlifts provide a way of securing watercraft to docks. The dock would be fully grated allowing light to pass through and native plantings would be installed. These enhancements would aid in the preservation of the natural character and would protect the resources and ecology of the shoreline while resulting in longterm benefit. (5) The use meets the conditional use criteria in WAC 173-27-160, to provide a system within the Master Program, which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by local government or the department to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the act and the local master program. (A) Uses which are classified or set forth in the application master program as conditional uses may be authorized provided that the applicant demonstrates all the following: i) That the proposed use is consistent with the policies of RCW 90.58.020 and the Master Program. The proposal would be consistent with RCW 90.58.020 and the Master Program if the two existing docks are removed prior to construction of the proposed dock and installation of the proposed boatlift. Lake Washington is classified as a Shoreline of Statewide Significance. Shoreline plantings will enhance the upland area. The proposed plantings include Vine maple, Hooker's willow, Red -Osier dogwood, Salal, Ocean spray, Red flowering currant, Kinnikinnick, perennials and ferns. Boatlifts are often considered appurtenances to residential docks in that they provide a more secure moorage for watercraft. RCW 90.58.020 allows for alterations of the natural condition of the shorelines of the State in those limited instances when authorized. To this end, single family residences and their appurtenant structures are allowed. ii) That the proposed use will not interfere with the normal public use of public shorelines. The subject site is a single family residential private property on the shore of Lake Washington. No interference with the normal public use of public shoreline is anticipated to occur. Kennydale Beach Park is approximately 100 -feet north of the proposed project. iii) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program. The subject site is designated Residential Single -Family (RSF) in the City's Comprehensive Plan and the proposed use qualifies as an accessory use to a waterfront property. The residential boatlift is compatible in design and customary use to the adjacent lakefront residential properties and the Shoreline Master Program as discussed previously. HEX Rpt.10-011 City of Renton Department Community & Fco7�omic Development Preliminary Report to the Hearing Examiner Brennan 3405 Dock Construction LUA10-011, ECF, SM, SMC Report of May 11, 2010 Page 4 of 10 iv) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. This section of take Washington is designated as Urban Environment in the Shoreline Master Program regulations and is developed with residential uses. If the proposed dock and boatlift are installed and maintained according to all required state and local. permits, the use is not expected to cause significant adverse effects to the shoreline environment. This is because the dock and boatlift would be fully grated allowing light transmission; installation would be within the appropriate fish window (July 15 through September 30); the applicant's contractor would install a silt containment curtain around the construction operation to control any disturbance of sediments and to contain construction debris; proposed native plantings would provide enhanced fish habitat; and the boatlift would be operated using non-toxic hydraulic fluid. vj That the public interest suffers no substantial detrimental effects. The project site includes a private single family residence. If the existing two docks, boatlift and jet ski lift are removed, as recommended above, the proposed dock and boatlift would be the only proposed uses on the site at this time. it is not anticipated that any significant detrimental effects would occur if all conditions of approval are complied with. The proposed boatlift would be associated with a proposed dock and no adverse impacts to shoreline views are anticipated. (B) in the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. This residential site is similar to other properties in the immediate vicinity. The proposed dock and boatlift would be compatible with the adjacent residential properties if the two existing docks are removed. The applicant proposes to locate the proposed boatlift in conjunction with a proposed dock and it is anticipated that no adverse cumulative impact would occur based on this proposal. The completion of this project would not promote future construction or other activities that would not otherwise occur without its completion. Other recently approved residential docks and boatlifts which are in the vicinity of the proposed project have been previously described in this report. (C) Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant con demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program. Boatlifts are not uses currently set forth in the Shoreline Master Program. Therefore, this project requires a Shoreline Conditional Use Permit. Boatlifts provide a secure moorage for watercraft and are commonly considered an appurtenance to residential docks. The criteria discussed in this report demonstrate the applicant's request would be consistent with the requirements if the two existing docks are removed. HEX Rpt.10-011 City of Renton Department Community & Ecolomic Development Preliminary Report to the Nearing Examiner Brennan 340_5 Dock Construction LUA10-011, ECIC, SM, SMC Report of May 11, 2010 Page 10 of 10 (D) Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection (A) or (B) of this section. Boatlifts are not specifically prohibited by the City's Shoreline Master Program. H. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT A Shoreline Substantial Development Permit is required for the proposed dock and a boatlift. The following sections/pages of the Master Program are applicable to the development: RMC Section Description Page 4-3-090.J Urban Environment page 3-25 4-3-090. K. General Use Regulations for All Shoreline Uses Page 3-26 4-3-090.L Specific Use Regulations page 3-27 4-3-090.M. Variances and Conditional Uses page 3-39 4-9-190.1.1, 2, 3, 5 Variances and Conditional Uses Page 9-54 Pursuant to chapter 90.58 RCW, staff recommends that a Shoreline Substantial Development Permit be granted subject to the following condition: (1) The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application and modifications submitted to the City. The Shoreline Substantial Development Permit for the Brennan 3405 Dock Construction project is provided in Exhibit 8. I. RECOMMENDATION: Based on the analysis contained in this report, staff believes that the proposed project is consistent with criteria necessary for Shoreline Conditional Use and Shoreline Substantial Development Permits. Therefore, staff recommends approval of the Shoreline Conditional Use and Shoreline Substantial Development Permits for the Brennan 3405 Dock Construction, Project File No. LUA10-011, ECF, SM, SMC subject to the following conditions: 1. The applicant shall comply with the mitigation measures imposed by the Environmental Review Committee in its Determination of Non -Significance - Mitigated issued on April 19, 2010; 2. The applicant shall comply with all construction conditions by the State agencies and all construction conditions provided in the application submitted to the City. Construction is limited to occur during the fish window for this portion of Lake Washington (July 16 —September 30). 3. The applicant shall obtain demolition permits for the two existing docks and such demolition shall occur prior to building permit issuance for the new dock. 4. The applicant shall remove the existing boatlift and jet ski lift prior to construction and installation of the new dock and boatlift. HEX Rpt.10-011 Ld J a Ld U) 0 0 JERRY BRENNAN PIER PERMIT KENMORE RENTON LID EXHIBIT 2 VICINITY MAPINO SCALE SEC: 31 -24N -05E FEB 19 2U19 LAT: 47' 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: IRIF-CE i E0 ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4_ PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6_ 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. 12' DOCK: SECTION VIEW 11. CONSTRUCTION DETAILS LAKE MAP/NO SCALE PAGE 1 /1 APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; SITE ADD. 3405 LK WA BLVD N Q JERRY BRENNAN REBUILD A SMALL 6'x12' PIER; RENTON, WA 98056 3411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. MARILEE KARNOFSKI PURPOSE: PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 3401 LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY LOCAL JURISDICTION PAGE.1 OF 11 DATE: 02%04/2010 CITY OF RENTON dATUM: C.O.E. 0,0' EST. 1919 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083--0884 PHONE: (425) 576-8661 E—MAIL: DOCKSOMARINELLC.COM FAX: (425) 576-8669 i i EXHIBIT 3 0CD - . •-�..,;� SSM 3� � N� .. 1 N / Lu VoL rx Q zq �- ^� II w�, 6, tL s yr '�aar J z C eco. r w W # �fCyA f �i C n A h O awc v 4co �0co E- M N�y 0 h+�l m 03 E- c 0 WY W WxX O s1 J_ 1 EXHIBIT 4 `7�ps Ld to Np1pNy L �d off - *Q 3H�typ69 N' 1 z ti C%l {N l, 0 v oo-~�nµ 7140 V 6 y4�byfi C9'*S h a 0 v oo-~�nµ 7140 V 6 y4�byfi C9'*S EXHIBIT G I PLANTING DESIGN BY. 2 THE WATERSHED COMPANY 750 Strah stent South Kirkland WA 9ND p 42592 2242 f 42SM7B136 www.wa3co.wm Science & Design 9 EXISTING COTONEASTER SPECIES TO REMAIN PER OWNER, TYR 0 EXISTING BIG LEAF MAPLE AND �� SNOWBERRYTOREMAIN NG NOTES SHE PREP NOTES: • Existlng concrete debris, cona-ate blocks, rola over 3' In dernaw and other trash encountered during planting (and only within the planting areal Shall be removed, unless five removal would compromise the stability of the shoreline. • Naturally occurring woody debris, sueh as logs and large branches shad remain. Arry dnemiealky treated or creosote covered woody material shay be removed. GENERAL PLANTING SEQUENCE I. Native plant installation shall occur during frost -free periods only. Preferred months for irmtallation are between September 15th and Apel 15, prior to hot, dry weather. Plants may only be irmwiled during hot weather if the contractor or applicant agrees to Immediate irrigation of the entire planting arra. delivering at least 2' of water per weeds from June I st through September I Stn. 2. Procure plants In legend. No substitutions are allowed wl out acceptance from permit granting authorities. 3. Install planta per planting details on sheet 3 and water each plant thoroughly to remove air pockets 4. hutaQ a 4' depth, coarse wood -chip mulch layer In an I $"diameter cirde around each installed plant, outside of Lake Washington CWdinary High Water Mark (OHWM) only. S. Install a temporary or pvmenant irrigation system capable of derwaring 2' of water per week to tike entire planted arra. Maintain irrigation system in working oondroon for at least two (2) summers after inrtfal plant installation. 6. One)Tar_after InWal plant Installation, apply orgM slaw -release fertiTmer such as Osmocote or Perfect Blend 4-44 to each plant outside of PLA N T S C H E D U L E Lake Washington OHWM mark only. GUTWMWA M IG i nu (F4OUNDCaVVt h a•cnao xwL h ova Ne aTARm oaurA�Im rroTh ar le ac 07 Vi •,AY Ne. F>l�IIEOL 1msVNalr+9ln :c.L 1 RAL I+m�ncmTa T I®R7W6WIG cularnr WaLAR,IA!® ®�TT)I19,MI.9L owe 0 20' 4a' SCA LE- f" — 20' PAGE '& MARINE RESTORATION &c CONSTRUCTION LLC MAIL: P.O. BOX 884, Kftnd, WA 98683 — 4884 E—MAIL: PIERS@MARINELLC.COM 16 �m • IIO®► ram ®®1 • �� ue re.IrAx ■ mom: �.r•le• „nalnraer tarslr nt�s rt�Nwsat R" MC>1+�71W hell I !'IAhR9'1 00MIrAfta A, IG SOIIKrANPM4SlLLtAT f b41WLE ovaIRMNQt® GTiIT'ANI@rynifllaAH 1FA'T79F7kR rhrl•�NPI. LyprM00161eYd IGL I FR.ITf OIf9RA! A9MFP.n!'B�t IGY. FW'3aRWM1A9M i7BLVIP11pti WRm61Mm'lI1R � SHRUBS 19Al8fON>SAV1.5T16 GLNA !'BAi@1011 I �., r�. CORI.S f1� IGL ) ft1L T0.TLT10AlR11NfIVM IG1L MT I®TOMDOGW000 vffll MO® PV=FM GUTWMWA M IG i nu (F4OUNDCaVVt h a•cnao xwL h ova Ne aTARm oaurA�Im rroTh ar le ac 07 Vi •,AY Ne. F>l�IIEOL 1msVNalr+9ln :c.L 1 RAL I+m�ncmTa T I®R7W6WIG cularnr WaLAR,IA!® ®�TT)I19,MI.9L owe 0 20' 4a' SCA LE- f" — 20' PAGE '& MARINE RESTORATION &c CONSTRUCTION LLC MAIL: P.O. BOX 884, Kftnd, WA 98683 — 4884 E—MAIL: PIERS@MARINELLC.COM 16 �m • IIO®► ram ®®1 • �� ue re.IrAx ■ mom: �.r•le• „nalnraer tarslr S3 - 30 T23N R5E E 1/2 EXHIBIT 7 a 1 F -- i „S f__...�i i r--- - t W N tn el NlRn 81 _ Sw 1 — R4 N23,dpR R -S R8 C R -8 t R,$ f3-8 R- N31K Bl ' - N moi el R's - R 8 N �j R-8 ZONING IAP BOOK D3 - 06 T23N R5E E 1./2 PW TECHNICAL SERVICES PRINTED ON 11/13/09 C3 p .a.a bsrwyKarKy�ndYhwdm m's4.vhlnrntletllor p9'mIM'PRme �k 0 200 400 31 T24N R5E E 112 - ��- $431 0 • EXHIBIT 8 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: TYPE OF ACTION(S): LUA10-011, ECF, SM, SMC February 19, 2010 March 26, 2010 ® Substantial Development Permit ® Conditional Use Permit ❑ Variance Permit Pursuant to Chapter 90.58 RCW, the Hearing Examiner recommends that the City of Renton grant a Shoreline Substantial Development Permit and a Shoreline Conditional Use Permit. This action is proposed on the following application: PROJECT NAME: Brennan 3405 Dock Construction PROJECT MANAGER: Gerald Wasser, Associate Planner OWNER/APPLICANT: Jerry Brennan, 3405 Lake Washington Blvd. N, Renton, WA 98056 CONTACT: Same as above PROJECT LOCATION: 3405 Lake Washington Blvd. N LEGAL DESCRIPTION: See Attachment A SEC-TWN-R: SE 1/4 Section 31, Towhship 24N, Range 5E WITHIN THE SHORELINES OF: Lake Washington APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is requesting approval of a Shoreline Conditional Use Permit and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long dock and installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatlift in association with a single family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is an 10,264 square City of Renton Department of Colo & Economic Development � Shoreline Management Permit Brennon3405 Dock Construction LUA10-011, ECF, SM, SMC DATE OF PERMIT: Page 2 of 3 foot property in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving eight 8 -inch diameter steel piles via a barge -mounted drop hammer pile driving system. Boatlift assembly would be done with common hand tools. All work would take place within the Washington Department of Fish and Wildlife construction window, July 16 through September 30. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use Permit is required prior to their installation. The proposed project site includes two existing docks. One of the existing docks is proposed to be moved 3 -feet into deeper water and the other dock would be removed. The following section/page of the Master Program is applicable to the development: RMC Section Description Page 4-3-09W Urban Environment 3-25 4-3-090K General Use Regulationsfor All Shoreline Uses 3-26 4-3-090L Specific Use Regulations 3-27 4-3-090M Variances and Conditional uses 3-39 4-9-1901.1, 2, 3, 5 Variances and Conditional Uses 9-54 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with all construction conditions of State agencies. 2. The applicant shall comply with all conditions of the Shoreline Conditional Use Permit, l_UA10-011, ECF, SM, SMC. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. C. E. "Chip" Vincent, Planning Director Date City of Renton Department of Coity & Economic Development Shoreline Management Permit orennon3405 Dock Construction LUA10-011, ECF, 5M, SMC DATE OF PERMIT: Page 3 of 3 Planning Division APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Attachments: A. Legal Description B_ Proposed Site Plan cc: Attorney General's Office Jerry Brennan - Owner/Applicant City of Renton Offical File • 0 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 22nd day of April, 2010, 1 deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Agencies See Attached Jerry Brennan Owner/Applicant/Contact (Signature of Sender): STATE OF WASHINGTON 1} SS COUNTY OF KING } I certify that I know or have satisfactory evidence that Stacy M. Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act forth use�b`ses mentioned in the instrument. Dated: Notary Public in and for the State of Washington Notary (Print): +1 . .q 6 r -J" e; My appointment expires: A;�? q, ac-) i3 'Project.Name: Brennan 3405 Dock Construction Project Number: LUA10-011, ECF, SMC, SM template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015-172 nd Avenue 5E Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., M5-240 Seattle, WA 98106-1514 39015 172"d Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attm SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave_ SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, M5; XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing r C9ty of,r NOTICE OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE • MITIGATED JDNSM► POSTED TO NDTFY INTERESTED PERSONS OF AN ENWRONMENTALALTION MQJELT NAME: 9remmn 340: Doh CunstMCBon PROJECT NUMBER: WA30-017, ECF, SMC, SM _ LOCATION: 3403Lk. Wuhingtnn BNrd N JSESmpnDN: The aPPTIQnt IS reWartknil Emiravmental 1SEPAI Review, ■ Sbordina Conditonal U. Permit, and a Shone Suhstw.tad Develoi-ent Permit fat the mnmveian of ■ new 60.foet Ione, 4 -to 84om wide do* and the Installadon of a are.nahufae�ured, freestarldn& portable, marine pede a4ndnum boaUM in assodedon wM a shhyle-fam8f re9dena on the hdwm of Lake Washington, a Shorcl6e of StatewideSzMIr_ m THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMTTTFE 1ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOLS NOT HAVE SIGNIFICAN7ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the envkunmentaf determination must he Rfed In writing on or before 5:00 pin. an May 7, 2010. Appeak must be fiW in writing together with the required fee with: Heatnj Eaaminer, City of Renton, 1055 South Grady Way, Renton, WA 99057. Appeals to the Examiner are governed by qty of Renton Municipal Code Section 4.8-110.9, Additional information regarilling the appeal process may be obtained from the Renton City Clerk's Office, 14ZSJ 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CKAMBERS ON THE 7TH FEDOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON MAY 11, 2010 AT 9:DO AM TO CONSIDER THE SHORELINE VARIANCE AND SUBSTANTIAL DEVELOPMENT PERMITS. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HFAKtNG. CERTIFICATION hereby certify that opies of the above document we a posted in conspicuous places or nearby the d E ibed prop Date: 0 U Signed: STATE O WAS INGTON ) } SS COUNTY OF KING certify that I know or have satisfactory evidence that �(4 C"�J C . �y signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 'q 3 Notary Public in and for the State of Washington Notary (Print): kt A Cr -a_6 _a - My appointment expires: -'03 a E c W'7 U;.� U c� a acro aE 3'co3. ca'� EVa c Va C c v• o �GzzG� c v o av cr 1a� d o 0 0 0 c v rn c_ c '^ca GQQWd c a: u a o Roza �N od °"baa S,�v��_°va 3 Ea € 3 y aim N R qN� ar _ W W Wcd v cow aci ❑ Vbd`� 1Gnv �orz: W�W—.p7J F a7c0 �T�°^o -°c� cWn cy o °aq' �•�•= 'b� Oo1-13aa�v �rJa yu�4oc-'eL >��w2cc2o cry: �ro'Q DC7 v.Q c-�� aaU c 8 a� y °bar�Lrr WA?UG.�'��'c'Qti? o�n�c'7'c s �b6�cv v w�xi�ac �° z 7bCaU`.1.-.13 � cf� m a¢ v'C c a, v K oo�o � ao c�nv�d T"g 4t���**c � W U❑e�:.:. qU ro 3 o��Wrno��� ��V a.E�.js'�3❑W �y,,..,a�"��o I,Aso � ao H,may 4-4 ov v .� O a, per.'Dom ca v] cz wpm o ago 0-4 A P64y y f1.❑� bAcUd Oy ❑r .�+ r Q4 U �'� oCq xu 00 LW a Ob= r- 03 sz. 'E" z City of OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Brennan 3405 Dock Construction PROJECT NUMBER: LUA10-011, ECF, SMC, SM LOCATION: 3405 Lake Washington Blvd N DESCRIPTION: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before S:00 p.m. on May 7, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.6. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON MAY 11, 2010 AT 9:00 AM TO CONSIDER THE SHORELINE VARIANCE AND SUBSTANTIAL DEVELOPMENT PERMITS. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. ii 1114 ! . mopFJ FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7700. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. low Denis Lawc1 Uf. Mayor . A Department of Community and Economic Development April 22, 2010 Alex Pietsch, Administrator Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 SUBJECT: ENVIRONMENTAL THRESHOLD (SEPA) DETERMINATION Brennan 3405 Dock Construction, LUA10-011, ECF, SMC, SM Dear Mr. Brennan: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued.a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report and Decision, Part 2, Section B for a list of the Mitigation Measures. Appeals of the environmental.determination must be filed in writing on or before 5:00 p.m. on May 7, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Also, a Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on May 11, 2010 at 9:00 a.m. to consider the Shoreline Substantial Development and Conditional Use Permits. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425) 430-7382. Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 9 rentonwa.gov Jerry Brennan Page 2 of 2 April 22, 2010 For the Environmental Review Committee, X� Com,y / Gerald C. Wasser Associate Planner Enclosure ERC Determination Ltr 1 D -D11 _doc 48 Denis Law City Oft,-:r� Mayor tr rf.L Department of Community and Economic Development April 22, 2010 Alex Pietsch, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on April 19, 2010: DETERMINATION OF NON -SIGNIFICANCE -MITIGATED PROJECT NAME: Brennan 3405 Dock Construction PROJECT NUMBER: LUA10-011, ECF, SMC, SM LOCATION: 3405 Lake Washington Blvd N DESCRIPTION: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on May 7, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7382. For the Environmental Review Committee, Gerald C. Wasser Associate Planner Renton City Hall • 1055 South Grady Way * Renton,Washington 98057 • rentonwa.gov � Washington State DepartmeEcology Page 2 of 2 April 22, 2010 Enclosure cc: King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program U5 Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation DEPARTMENT OF COMMUNITY City of AND ECONOMIC DEVELOPMENT LLw DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA10-011, ECF, SMC, SM APPLICANT: Jerry Brennan PROJECT NAME: Brennan 3405 Dock Construction DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. LOCATION OF PROPOSAL: 3405 Lake Washington Blvd N LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall use the recommendations identified in the Lake Study, prepared by The Watershed Company, dated February 10, 2010; and 2. Prior to commencement of any removal or construction activities floating silt containment curtains shall be installed in the lake around the demolition/construction operation to control dispersion of any accidental short term disturbance of sediments. The silt containment curtains shall remain in place until demolition/construction activities are completed. ERC Mitigation Measures Page 1 of 1 DEPARTMENT OF COMMUNITY D City of AND ECONOMIC DEVELOPMENT DETERMINATION OF NON -SIGNIFICANCE -MITIGATED ADVISORY NOTES &. CONDITIONS APPLICATION NO(S): LUA10-011, ECF, SMC, SM APPLICANT: Jerry Brennan PROJECT NAME: Brennan 3405 Dock Construction DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatilift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. LOCATION OF PROPOSAL: 3405 Lake Washington Blvd N LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. PlanniM 1. Construction hours are from 7:00 am to 8:00 pm Monday through Friday. Construction hours on Saturdays are from 9:00 am to 5:00 pm and no work on Sundays. Water: 1. Cross connection control, inspection and certification is required for any water service to the dock. 2. A water service permit and inspection is required if water service is extended to the dock. Sewer: 1. Location and protection of the existing sanitary sewer force main as shown on the drawings in the vicinity of the proposed dock is required. General: 1. All plans shall conform to the Renton drafting Standards. 2. A construction permit may be required. Utility and building construction permits are separate. When plans are complete three copies of the drawings, a construction estimate, application, and appropriate fees shall be submitted at the City Nall sixth floor counter. ERC Advisory Notes Page 1 of 2 Property Services: Is 1. This property is not a legal lot. 0 ERC Advisory Notes Page 2 of 2 City of DEPARTMENT OF COMMUNITY D AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) APPLICATION NO(S): LUA10-011, ECF, SMC, SM APPLICANT: Jerry Brennan PROJECT NAME: Brennan 3405 Dock Construction DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. LOCATION OF PROPOSAL: 3405 Lake Washington Blvd N LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on May 7, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.6. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430- 6510. PUBLICATION DATE: April 23, 2010 DATE OF DECISION: April 19, 2010 SIGNATURES: Gregg Zimmerman, Administrator Public Works Department Date Terry Higashiyama, Administrator Community Services Department Date Mark Peters ,Administrator Economic Development V/I // C) Date Date c'`Y°f DEPARTMENT OF COMMUNITY D o \\ AND ECONOMIC DEVELOPMENT®` ENVIRONMENTAL REVIEW COMMITTEE MEETING AGENDA TO: Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator Mark Peterson, Interim Fire & Emergency Services Administrator Alex Pietsch, CED Administrator FROM: Jennifer Henning, Current Planning Manager MEETING DATE: Monday, April 19, 2010 TIME: 3:00 p.m. LOCATION: Sixth Floor Conference Room ##620 THE FOLLOWING IS A CONSENT AGENDA Brennan 3405 Dock Construction (Wasser) t UA 10-01I, ECF, SMC, SM Location: 3405 Lake Washington Blvd N. Description: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director W. Flora, Deputy Chief/Fire Marshal Richard Perteet, Deputy PW Administrator - Transportation C. Vincent, CED Planning Director 0 N. Watts, Development Services Director L. Warren, City Attorney 0 F. Kaufman, Hearing Examiner D. Pargas, Assistant Fire Marshal J. Medzegian, Council F-1 L DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT L] of ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE. April 19, 2010 Project Name: Brennan 3405 Dock Construction Owner: Jerry Brennan, 3405 Lake Washington Blvd. N, Rentom, WA 98056 Applicant: Same as above Contact: Same as above File Number: LUA10-011, ECF, SM, SMC Project Manager: Gerald Wasser, Associate Planner Project Summary: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 -to 8 -foot wide dock and the installation of a pre - manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and move the other dock 3 -feet into deeper water. The applicant proposes to place 25 cubic yards of salmon spawning gravel along the property shoreline. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16—September 30, Project Location: 3405 Lake Washington Blvd. N Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): N/A Proposed New Bldg. Area (gross): N/A Site Area: 10,264 sf Total Building Area GSF. N/A STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non -Significance - Mitigated (DNS -M). 10--011 ERC Report. doc City of Renton Deportment of CommuniAJ Economic Development BRENNAN 340.5 DOCK CONSTRUCTIONW Report of April 19, 2010 Project Location Map ERC Report 10-011.doc onmental Review Committee Report LUA10-011, ECF, SM, SMC Page 2 of 7 N9Eo4 8 31 i iE 3},;mF55 � '210370 .:271 3312H276S 7 1001 r n1 i • '331 102971 } c - ,on r 3N2I0}371. 3!4210395 33427029{5 33+21-02391 dGC2 973 - .909 911 R8 u7o r Y r339h 31:•.,:0•.: _ _.. .. 3s-2752,76 -s±02G 334:102575 907 513 � � 95a RR Fpi Eil]5�-03.^ IOITG 3Q,027 JL47:7^35 303 fJ7 9'7 i 4 N34th S 2342 237,1-« 334210225: 7,:42`^2:57 335. ,f moi, ...- 837 334 0.790 T R- 3342,0' w25C41& 331 "-4:3 909 5t2 O:.J Illi/- 1124324- 27212. =3J' =12.7219 471 31v i'6 331, City of Renton Department of Communi Economic Development F*nmental Review Committee Report BRENNAN 3405 DOCK CONSTRUCTION LUA10-011, ECF, SM, SMC Report of April 19, 2010 Page 3 of 7 PART ONE: PROJECT DESCRIPTION / BACKGROUND The project site is located on the eastern shore of Lake Washington along Lake Washington Boulevard North. Lake Washington is designated as a Shoreline of Statewide Significance and is considered to be Class 1 water subject to the City of Renton Shoreline Master Program. The shoreline is classified as an "Urban Environment" in the City's Shoreline Regulations. No trees would be removed as a result of this project. The existing shoreline consists of a 6 - foot high rock bulkhead extending to the waterline. This designation permits a variety of uses within the shoreline area provided the use complies with the Master Program. Two docks currently exist on the project site. The applicant proposes to remove one of these docks, a 256 square foot floating dock, to accommodate construction of the proposed dock. In addition, the applicant is proposing to relocate and reconstruct the remaining existing dock 3 - feet waterward of its current location. The reconstructed dock would retain its current dimensions of 12 -feet by 6 - feet, would be supported by four 6 -inch diameter steel piles, and would have a fully -grated deck. The existing docks are considered to be legally non -conforming. However, boatlifts are not outright permitted uses and, therefore, a conditional use permit is required and will be reviewed by the Hearing Examiner. The proposed project encompasses the construction of a 4 to 8 -foot wide, 60 -foot long dock. The dock would be fully -grated, supported by six 8 -inch diameter steel piles connected by Glu -Lam beams and steel cross beams. The total dock size would be 330 square feet. The project also includes the assembly and installation of a freestanding, pre -manufactured, marine grade aluminum boatlift. The dock construction would be accomplished by driving six 8 -inch diameter galvanized steel piles via a barge mounted drop -hammer pile driving system. Construction and staging of materials and equipment would be conducted using a barge. Any storage of materials on land would be landward of the Ordinary High Water Line (OHWL). All construction debris would be removed from the site and appropriately disposed of on land. The proposed boatlift would be approximately 10 -feet long by 10 -feet wide and would rest directly on the lake bottom on four 12 -inch by 12 -inch footpads. The boatlift would be operated by a solar -powered battery using non- toxic, water-soluble hydraulic fluid. The boatlift would be assembled using common hand tools on the barge and moored on Lake Washington during construction of the dock. Project construction, assembly and installation would take place during the State Department of Fish and Wildlife established construction window, July 16 through September 30. No job shack would be needed; no off-site improvements or excavation are proposed for the project; and 25 cubic yards of salmon spawning gravel would be placed along the shoreline. No trees are to be removed. The estimated project value is $35,000.00. Comments from the Muckleshoot Indian Tribe Fisheries Division (Exhibit 7) and the Washington Department of Fish and Wildlife (Exhibit 8) were received. Comments pertaining to environmental issues have been addressed within the body of this report and other issues will be addressed under separate cover to the commenters. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS -M with a 14 -day Appeal Period. ERC Report 10-011. doc City of Renton Department of Communit Economic Development BRENNAN 3405 DOCK CONSTRUCTION Report of April 19, 20 B. Mitigation Measures C. Exhibits E*amental Review Committee Report ZUA10-011, ECF, SM, SMC Page 4 of 7 1. The applicant shall use the recommendations identified in the Lake Study, prepared by The Watershed Company, dated February 10, 2010; and 2. Prior to commencement of any removal or construction activities floating silt containment curtains shall be installed in the lake around the demolition/construction operation to control dispersion of any accidental short term disturbance of sediments. The silt containment curtains shall remain in place until demolition/construction activities are completed. Exhibit 1 Vicinity Map Exhibit 2 Existing Plan View Exhibit 3 Proposed Plan View Exhibit 4 Proposed Top View and Proposed Elevation View Exhibit 5 Planting Plan Exhibit 6 Zoning Map Exhibit 7 Comments from Muckleshoot Indian Tribes Exhibit 8 Comments from Washington Department of Fish and Wildlife D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: Other than the placement of 25 cubic yards of salmon spawning gravel, the proposed project does not require any fill or excavation of soils. The dock would be constructed using barge mounted equipment and the boatlift would be assembled using common hand tools. Mitigation Measures: No mitigation measures are recommended. Nexus: Not applicable. 2. Water Impacts: Construction and demolition activities could potentially cause degradation of water quality. An analysis of potential biological impacts was included in the Lake Study — For the Proposed Pier and Boatlift at 3405 Lake Washington Blvd. N, prepared by The Watershed Company, dated February 10, 2010, and submitted with the project application. That analysis indentifies construction methods which would minimize such impacts. These methods include: no in -water construction activity between July 16 and September 30; stockpiling construction debris in designated upland areas above the Ordinary High Water Line (OHWL) or on the construction barge pending off-site disposal; the barge or work boat would not be allowed to ground; all construction debris would be disposed of on land in such a manner that it cannot enter the waterway or cause water quality degradation; and, implementing sediment control measures during and following installation of proposed plantings, including measures for both short term and permanent ERC Report 10-011.doc City of Renton Department of Communi Economic Developmentonmental Review Committee Report BRENNAN 3405 DOCK CONSTRUCT, L UA10-011, ECF, SM, SMC Report of April 19, 2010 Page 5 of 7 stabilization of soils. Staff recommends that the applicant be required to use the recommendations contained in the Lake Study, prepared by The Watershed Company, dated February 10, 2010. Staff further recommends that floating silt containment curtains be deployed in the lake around the construction operation to control dispersion of any accidental short term disturbance of sediments. Such containment curtains shall be installed prior to commencement of any demolition/construction activities and shall remain in place until demolition/construction activities are completed. Mitigation Measures: 1. The applicant shall use the recommendations identified in the Lake Study, prepared by The Watershed Company, dated February 10, 2010; and 2. Floating silt containment curtains shall be installed in the lake around the construction operation to control dispersion of any accidental short term disturbance of sediments. Such containment curtains shall be installed prior to commencement of any demolition/construction activities and shall remain in place until demolition/construction activities are completed. Nexus: SEPA, Shoreline Master Program 3. Vegetation Impacts: The proposed dock and boatlift would be installed within and over Lake Washington. As identified in the Lake Study (The Watershed Company, February 10, 2010), the high bulkhead at the site greatly reduces the potential for the natural support of shoreline vegetation. Currently, on-site vegetation is primarily mowed lawn with a narrow band of Cotoneaster along the bulkhead. The shoreline substrate adjacent to the bulkhead primarily consists of sand intermixed with gravel and rock which extends offshore for a distance of approximately 25 -feet at which point a mat of Eurasian milfoil begins. As stated in the Lake Study a shoreline planting plan has been prepared for the project site (see Exhibit 5). The planting plan specifies native riparian vegetation which would be installed along much of the shoreline. A variety of native plants would be used including Vine maple, Hooker's willow, Red -osier dogwood, Sala[, Ocean spray, iced flowering currant, and Kinnikinnick. These plantings would provide greater cover and forage opportunities for wildlife and would enhance shoreline stabilization. Because the Lake Study indicates that milfoil will be reduced, the Muckleshoot Indian Tribe Fisheries Division in its comments asked questions regarding the method of milfoil removal and how much milfoil would be removed. The applicant has responded that milfoil would be removed by mechanical harvesting with off-site disposal; and, that milfoil would be removed from the 20 - feet near shore along the entire north/south length of the project site. In its comments on the proposed project, the Muckleshoot Indian Tribe has recommended the planting of native willows along the existing bulkhead to increase overhanging vegetation to benefit juvenile salmon. The applicant has responded that there is only a small area available for plantings and that previous plantings currently provide overhanging vegetation while still providing views of Lake Washington for the residents of the property. Mitigation Measures: No further mitigation necessary. Nexus: Not applicable ERC Report 10-011. doc City of Renton Department of Communit Economic Development E#nmental Review Committee Report BRENNAN 3_405 DUCK CONSTRUCT11 LUA10-011, ECF, SM, SMC Report of April 19, 2010 Page 6 of 7 4. Wildlife Impacts: The proposed project would be constructed, assembled and installed within and over Lake Washington. Salmonids known to be present in southern Lake Washington include Puget Sound Chinook salmon, Coho salmon, sockeye salmon, steelhead trout, bull trout and cutthroat trout. Puget Sound Chinook, Puget Sound steelhead and bull trout are listed as threatened by the Endangered Species Act. The proposed pier would not likely result in adverse impacts to fish migration routes or spawning areas. Impacts expected from the proposed project include: increased water turbidity (shoreline erosion and sediment suspension) during the construction period could temporarily disturb feeding activities; pile driving would temporarily introduce noise and vibration that could disrupt feeding activity and cause avoidance movements away from the site; increased shading of the lake bottom could reduce abundance of available prey organisms (aquatic invertebrates) for fish by decreasing plant growth. Shading could also interfere with behavior and migration patterns of juvenile salmon; the presence of new underwater structures could enhance nesting habitat for bass and thus increase predation pressure on juvenile salmon; the presence of new underwater structures could disrupt water/sediment transport patterns and accelerate beach erosion or increase availability of spawning habitat for predator fish species such as smallmouth bass; and, increased boat usage of the site could result in increased disturbance (sediment resuspension, water pollution) of the shallow fish habitat. The analysis identifies design features which would mitigate the impacts. The elevated fixed pile dock with grated decking, the absence of deck skirting, and dock positioning as far offshore as practical would aid in minimizing the impact on lake biota and shoreline buffer. During dock construction, 25 cubic yards of salmon spawning gravel would placed along the shoreline. The spawning gravel would enhance the opportunity for shore spawning sockeye and kokanee salmon to use the area and improve existing conditions. In its comments on the proposed project the Muckleshoot Indian Tribe Fisheries Division inquired about the depth of the salmon spawning gravel. The applicant has indicated such spawning gravel would be 6 -to 9 -inches deep. The Washington Department of Fish and Wildlife, in its comments on the proposed project, indicated that the "fish window for this part of Lake Washington is from July 16 through September 30, Mitigation Measures: No further mitigation necessary. Nexus: Not applicable 5. Noise/Vibration Impacts: Pile driving activities can generate considerable noise and vibration which can be harmful or fatal to small fish. Minimizing fish exposure to pile driving activities by following scientifically based construction timing restrictions is an accepted method for avoiding or minimizing adverse effects and will be limited to three to five days for the proposed project. Pile driving will take 3 -to 5 -days. Additionally, construction activities would only take place during the established Washington State Department of Fish and Wildlife construction window, July 16 through September 30. Mitigation Measures: No further mitigation is necessary. Nexus: Not applicable. FRC Report 10-011.doc City of Renton Deportment of Communitjj Economic Development BRENNAN 3405 DOCK CONSTRUCTION Enmental Review Committee Report LUA10-011, ECF, SM, SMC Report of April 19, 20 Page 7 of 7 E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM, May 7, 2010. Renton Municipal Code Section 4-8-110.6 governs appeals to the Hearing Examiner. Appeals must be filed in writing at the City Clerk's office along with the required fee. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, 1055 S. Grady Way, Renton WA 98057. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. Construction hours are from 7:00 am to 8:00 pm Monday through Friday. Construction hours on Saturdays are from 9:00 am to 8:00 pm and no work on Sundays. Water: 1. Cross connection control, inspection and certification is required for any water service to the dock. 2. A water service permit and inspection is required if water service is extended to the dock. Sewer: 1. Location and protection of the existing sanitary sewer force main as shown on the drawings in the vicinity of the proposed dock is required. General 1. All plans shall conform to the Renton drafting Standards. 2. A construction permit maybe required. Utility and building construction permits are separate. When plans are complete three copies of the drawings, a construction estimate, application, and appropriate fees shall be submitted at the City Hall sixth floor counter. Property Services: 1. This property is not a legal lot. ERC Report 10-011.doc L Fl P .LLI J H F - Q Li (I) JERRY BRENNAN PIER KENMORE =3 .1 I LAKE MAPINO SCALE WD 0 EXHIBIT 1 �st� N 38TH ST 2. EXISTING SITE PLAN V EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. N 37TH ST 6, SO' DOCK: PROPOSED TOP AND ELEVATION VIEW 405 N 36TH ST N 36TH ST N 35TH ST 2 � z SITE N 34TH ST N MRD PL a a a m N 33RD ST' N 32ND ST N 32ND ST N 31ST ST City at - VICINITY MAP/NO SCALE pi,,anning Division SEC: 31 -24N -05E — �— LAT: 47' 31' 21.8204" ME LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF-130-UNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6, SO' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. 12' DOCK: SECTION VIEW 11. CONSTRUCTION DETAILS PAGE 1 /11 APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; SITE ADD. 3405 LK WA BLVD N 0 JERRY BRENNAN REBUILD A SMALL 6'x12' PIER; RENTON, WA 98056 3411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. (2) MARILEE KARNOFSKI PURPOSE PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 3401 LK WA BLVD N LOCAL JURISDE 201MAINTAIN NATIVE VEGETATION INTEGRITY i+I- PAGE:1 OF 11 DATE: 02/04/W 0 CITY OF RINTIION DATUM: C.O.E. 0,0' EST. 1919 umpm MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirldand, WA 98083-0884 PHONE. (425) 576-8661 E—MAIL: DOCKS@MARINELLC.COM .FAX: (425) 576-8669 'MONik n (0311408) d EXHIBIT 2 FEB I w Lt 31) Q 8 qZ a z C/} x W V) Y b$ C3 G a a� Q ■ Ld E-4—cr, o(o CDOD I I nn �y &0 u) C14 N » ati V 1 V "'V i co 3 co I M m ��yy 1 -I -I OD o rn 03 V1 c v W Y to W°° X O i m W a- 01 am Rm+se • aero E -r 1 '! Y `1- 04 ocy ��111171117, �o+� 50tr� m�� ra � o� 3snoH L) r HOBOd CD 3d3A00 Lf) ':5 �7 C 010 (0311408) d EXHIBIT 2 FEB I w Lt 31) Q 8 qZ a z C/} x W V) Y b$ C3 G a a� Q ■ Ld E-4—cr, o(o CDOD I I nn �y &0 u) C14 N » ati V 1 V "'V i co 3 co I M m ��yy 1 -I -I OD o rn 03 V1 c v W Y to W°° X O i m W a- 01 am Rm+se • aero E -r Ll 6 EXHIBIT 3 O Q U llll uunD Z (OWG) d V im D = Oo C I Z � O ��Mw cn1 0 CL 0 V Q •� M l6 E cp to Ltoo 00 Go LO LO n� E OX a -LL 14 L v ) I u J i 7 CD00 00 o r7 a oa rn 03 c a Y no 01 x O m a ori -'r.i• (OWG) d V im D = Oo C I Z � O ��Mw cn1 0 CL 0 V Q •� M l6 E cp to Ltoo 00 Go LO LO n� E OX a -LL 14 L v ) I u J i 7 CD00 00 o r7 a oa rn 03 c a Y no 01 x O m a 9 _ss—_ EXHIBIT 4 oas i U U 71 fZ' Q L)N 0 Y 4 U a n 6 C) W m � LO Lf) LO z� o= u p °a �� O E M m ry O Fil °p H� U� 0 4 Y W wm m O �i cj m W � i I EXHIBIT 5 PLANTING DESIGN BY: 2 THE WATERSHED COMPANY 750 sixth Street South Kirkland WA W33 p 425.8225242 f 425.827A 136 www.watwshadoo.com Science & Design EXISTING COTONEASTER SPECIES TO REMAIN PER OWNER, TYP. PLANT SCHEDULE 9 EXISTING BIG LEAF MAPLE AND SNOWBERRY TO REMAIN I U � PLAN ING NOTES SITE PREP NOTES: • 6dsting concrete debris, concrete blocks, rocks over 3" In diameter and other trash encountered during planting (and only within the planting area) shall be removed, unless the removal would compromise the stability of" shoreline. • Nawrally occurring woody debris, such as logs and large branches shall remain. Any chemically [nested or creosote covered woody material shall be removed. GENERAL PLANTING SEQUENCE: I . Nadve plant Installation shall occur during frost -free periods only. Preferred months for Installation are between September I Sth and April 15, prior to hot, dry weather. Planta may only be instailed during hot weather if the contractor or applicant agrees to Immediate irrigation of the entire planting area, delivering at least 2' of water per week from June I st through September 15th. 2. Procure plants in legend. No substitutions are allowed w( out acceptance from permit granting authorities. 3. Install plants per planting details on sheet 3 and water each plant thoroughly to remove air lockL4& 4. Install a 4' depth, coarse woodthlp mulch layer in an 18—diameter circle around each installed plant, outside of Lake Washington Ordinary Hish Water Mark (OHWM) only. S. Install a temporary or permenant irrigation system capable of delivering 2' of water per week to the entire planted area, Maintain Irrigation system in working condition for at least two (2) summers after Initial plant installation. 6. One year after Initial plant Installadon, apply organic, slow-release fertilizer such as Osmowte or Perfect Blend 4-4-4 to each plant outside of Lake Washington OHWM mark only. TREES PERENNIALS & FERNS II�tO1�4TU1 Sf/L I MIlT�Sf94 GSRAFjA�TA IGIL "102A1006TAl1AT I YFi1Wl! MELWWC4iD COMFIOMlIHS /ApafWdM LEASr10FTHE130 SVIX FIOOI®IIMN IGAL I MLLTIOS�IRE �HAWMI@t?X9 IG1L 11oa®evn.�on s1T?S+AODAOISS MFlmaIAAWWI a vra�a IUIor� SHRUBSSLV. TA IG <msr waTplW CORMASTOLOWMA SCh. ] FULLv IG1. I G1L CS AOTw DOVA • .aAVv �!'M1nRnA9 u1An•IwLw1aM I— + a., GRMNDCgVER hd41OLQp=ow-o"A 261E I 1111. AICTOffARIR05 YA.Am rroTs d Ir 0.G OCGW ~Y �. MKtwGLIFffL1l 21A. 1 11x1. E�iNG mlalfAfTal T AMPLOMe"WMAW w�yrlwg4p ® reGBTT)IBWM 0 20' 40' SCALE 1' - 20' PAGE 2/3 MARINE RESTORATION & CONSTRUCTION LLC MAIL P.O. BOX 884, Kirkland, WA 58083 — 0884 E—MAIL: PIERS@MARINELLC.COM T16 •M�i a 110@IT � �[ •°i�VOI i �•t LIG AD WT i[ E m®R @I� ndf ill �f S3 - 30 T23N R5E E 1/2 EXHIBIT 6 R-8 f� N]Em5r N t R8 N]qh 51 R-8 C R,g R j R'8 N 3�m bt e R-8 - f N 3aa R R,8 r� -I R-8 R-8 . /r•._..... If N 33rd 51 CN R 8 R-8 .. I. R-8 M 3TM St R-8 -s R" R-8 R-8 . ! ... f � N31W5 R-8 R-8 R- R_8 �... NSMhffi R-8 R.8 \ R-8 .2m� R 8 R-8. 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RESIDENTIAL MIXED USE CENTERS INDUSTRIAL ERT] (RC) Resource Conservation FTv (CV) Center Village IH- (]L) Industrial -Light F -I (R-1) Residential l du/ac FFq (UC-N1)Urban Center-Northl iw (IM) Industrial -Medium F-4 (R-4) Residential du/ac uc- z (UC -N2) Urban Center- North 2 n (IH) Industrial- Heavy Fp---R (R-8) Residential 8 du/ac Fcu (CD) Center Downtown RA,H (RMH) Residential Manufactured Homes s-ro (R-10) Residential 10 du/ac COMMERCIAL FFI--4] (R-14) Residential 14 du/ac __— Renton City LimiLs ?M-= (RM -F) Residential Multi -Family HoF (COR) Commercial/Office/Residential -- -- Adjacent City Limits Fp—m---TI (RM -T) Residential Multi -Family Traditional ca (CA) Commercial Arterial RV -u (RM -U) Residential Multi -Family Urban Center i (CO) Commercial Office KROLL PAGE N (CN) Commercial Neighborhood PAGE# INDEX Tha documents gophic ww a^tolbn^not ,,d vv nMaf�ratil p Iv and E-1 xn the Vhe�l inxm fi Tl^� ac nl the"dot- Dov Tn.,t nop -1 NF P—.111oses .11, only SECT/TUWN/AAnGE i Gerald Wasser 0 EXHIBIT 7 From: Karen Walter [Karen.Walter@muckleshoot.nsn.us] Sent: Thursday, April 08, 2010 11:49 AM To: Gerald Wasser Subject: Brennan 3405 Dock Construction, LUA1 0-1 1,ECF, SMC, SM, Notice of Application and Proposed Determination of Non -Significance, Mitigated Jerry, The Muckleshoot Indian Tribe Fisheries Division has reviewed the above referenced Notice of Application and Proposed MDNS, environmental checklist, project drawings, and Lake Study. Thank you for sending all of these materials as they greatly facilitated our review. We have some initial questions and comments as noted below. The applicant is proposing to construct a new 330 square foot dock perpendicular to the eastern shoreline (E/W orientation) and replace an existing 72 square foot dock that also on the property and oriented NIS that is parallel to the eastern shoreline with a same sized dock Why does the applicant need both docks to provide private boat moorage? Only one dock should be allowed for this property to private boat moorage and should size to accommodate the boatlift and the jetski lift to enable the removal of the trapezoid dock and the existing dock that is adjacent to the cove rockery within OWHM and the existing rock bulkhead. Otherwise the project will result in a net increase in overwater coverage, causing additional impacts to juvenile salmon habitat. 2. The planting plan should be modified to include more native willows, particularly along the bulkhead length that is oriented NIS. We recommend that the proposed red flowing currant be replaced with 1 or 2 native willows and that additional willows should be added elsewhere along the NIS bulkhead to increase overhanging vegetation to benefit juvenile salmon 3_ The proposed addition of 25 cubic yards of salmon spawning mix is a good mitigation measure. How much of the shoreline will be covered with the 25 cubic yards of mix based on the proposed depth of the mix and the length of the existing shoreline? A figure showing the area and depth of coverage of the shoreline would be helpful. 4. The Lake Study (page 12) indicates that milfoil in the nearshore will be reduced. How is the project proposing to reduce milfoil? How much milfoil will be reduced as a result of the project? We appreciate the opportunity to comment on this proposal and look forward to the City's responses. We may have additional comments_ Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division 39015 172' Ave SE Aubum, WA 98092 253-876-3116 0 Gerald Wasser From: Bieber, Alisa J (DFW) [Alisa.Bieber@dfw.wa.gov] Sent: Wednesday, April 14, 2010 3:29 PM To: Gerald Wasser Cc: Karen.Walter@muckleshoot.nsn.us Subject: Brennan dock EXHIBIT S Although the official comment period has ended, I hope you will be able to receive my comments since the public hearing is stili nearly a month away. 1. The project description is unclear; it states that 'in order to construct a new dock, the applicant would need to remove both existing docks" yet the plans show removing one, rebuilding the other in a new location and building a new, larger one. 2. The project description also does not mention rebuilding the second pier (as the plans show), but states that it shall be moved 3 feet deeper. This is not reflected in the drawings. 3. Although both docks are legally non -conforming, does this apply to the diving board access as well? 4. In order to build anew pier, both current docks should be removed. This is stated in your shoreline code, and I do not see any justification for exempting them from these requirements. If they are looking at improvements in their water access, they should bring the entire shoreline up to current standards. 5. In lieu of removal of the second dock, they could also remove the existing groin. 6. If they are completely re -building the second pier in a new location, why is that not considered a new pier? 7. The fish window for that location on the lake is July 16 -September 30tH Please contact me if you have questions or if I should address my comments elsewhere. Sincerely, Alisa Bieber WDFW Area Habitat Biologist 425-313-5681 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ` l`-' "`� APPLICATION NO: LUA10-011, ECF, SMC, SM COMMENTS DUE: APRIL 9, 2010 DATE CIRCULATED: MARCH 26, 2010 APPLICANT: Jerry Brennan PLANNER: Jerry Wasser PROJECTTITLE: Brennan 3405 Dock Construction PLAN REVIEWER: Kayren Kittrick SITE AREA: 10,264 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3405 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e,ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet C. CODE -RELATED COMMENTS Pp G 4 iii t'!ii e ifi We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. (:�Z Signature of Director or Authorized Representative Date C_ - f 25 ( 0 City of Anon Department of Community & Economic Oevopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: -F� � } ` COMMENTS DUE: APRIL 9, 2010 APPLICATION NO: LUA10-011, ECF, SMC, SM DATE CIRCULATED: MARCH 26, 2010 APPLICANT: Jerry Brennan PLANNER: Jerry Wasser PROJECTTITLE: Brennan 3405 Dock Construction PLAN REVIEWER: Kayren Kittrick SITE AREA: 10,264 square feet I EXISTING BLDG AREA (gross): N/A LOCATION: 3405 Lake Washington Blvd N I PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system_ Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Environment Minor Impacts Probable More Major Information Impacts Necessary Earth Air Water Monts Lond Shoreline Use Animals Environmental Health Energy/ Natural Resources Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Hausin Aesthetics Light/Glare Recreation Utilities Transportation Pubfic Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY -RELATED CO MENTS 62,, C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date 0 4 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 9, 2010 APPLICATION NO: LUA10-011, ECF, SMC, 5M DATE CIRCULATED: MARCH 26, 2010 APPLICANT: Jerry Brennan PLANNER: Jerry Wass PROJECT TITLE: Brennan 3405 Dock Construction PLAN REVIEWE. Kayren Kittrick SITE AREA: 10,254 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3405 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone, Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Earth Air Water Plants Lond/ShoreNne Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS r\ C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li h VGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: (y .'-� COMMENTS DUE: APRIL 9, 2010 APPLICATION NO: LUA10-011, ECF, SMC, SM DATE CIRCULATED: MARCH 26, 2010 APPLICANT: Jerry Brennan PLANNER: Jerry Wasser PROJECTTITLE: Brennan 3405 Dock Construction PLAN REVIEWER: Kayren Kittrick SITE AREA: 10,264 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3405 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system- Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources SALO. Co mmaw -C. Ad-4acd 3%-1 b301 fl B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information impacts Impacts Necessary Housing Aesthetics Light/Gare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and hove identified areas of probable impact or areas where additional information is needed to properly assess this proposal of Director or Authorized Representative 0 11 City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 9, 2010 APPLICATION NO: LUA10-011, ECF, SMC, SM DATE CIRCULATED: MARCH 26, 2010 APPLICANT: Jerry Brennan PLANNER: Jerry Wasser PROJECT TITLE: Brennan 3405 Dock Construction PLAN REVIEWER: Kayren Kittrick SITE AREA: 10,264 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3405 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources SC46 commc4j." ckQJ4 3%ACO%w0 B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Li h Glare Recreation Utilities Transportation Public Services Historic/Culturol Preservation Airport Environment 10,000 Feet .14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to DroDeriv assess this Draoosal. Sign/tur,fof Director or AutFiorized Representative 3hJ010 Dat 0 0 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: LA � COMMENTS oun APRIL 9, 2010 Aesthetics Light/Glare Recreation Utilities APPLICATION NO: LUA10-011, ECF, SMC, SM DATE CIRCULATED: MARCH 26, 2010 } �` Historic/Cultural Preservation APPLICANT: Jerry Brennan PLANNER: Jerry Wasser PROJECT TITLE: Brennan 3405 Dock Construction PLAN REVIEWER: Kayren Kittrick SITE AREA: 10,264 square feet EXISTING BLDG AREA (gross): N/A A _o LOCATION: 3405 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A , SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lame Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31- A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts !Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energyf Naturol Resources Elementof the Environment Probable Probable More Minor Major information Impacts impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14, 000 Feet B. POLICY -RELATED COMMENTS �GyG24� GZ�L2 /� ✓C��Gai� 7� ��%,� C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whe a additi ormati is needed to properly assess this proposal. �J Signature of Director or Au o ized Representative Date 0 0 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT. 1S' CQMMENTS DUE: APRIL 9, 2010 APPLICATION NO: LUA10-011, ECF, SMC, SM DATE CIRCULATED: MARCH 26, 2010 APPLICANT: Jerry Brennan PLANNER: Jerry Wasser PROJECT TITLE: Brennan 3405 Dock Construction PLAN REVIEWER: Kayren Kittrick SITE AREA: 10,264 square feet EXISTING BLDG AREA (gross): N/A LOCATION: 3405 Lake Washington Blvd N PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 -foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatllift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel piles via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -Conforming, in order to construct a new dock the applicant would need to remove both existing docks. Construction would take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts impacts Necessary Housing__ Aesthetics Lr hVGlore Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. 1,7 Signature of Dir ctor or Authorized Representative Date 0 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS•M) OATS: Mach 7x,;1710 Lq0 USE NUMBER: LUA19411, ECF, BMC, SM PRL2CTNAME woaw Nos Dore-WAK0M1 PROJECTDE3CRon-MN: Thi i;IN- Y wNtoonE Gryk rwpW {9EPA) Rs . a shoama C., U- pmA aW a sraaB. Nubrberad De niopmar► Puma forte m.hw9on of a ree W4W kip, / b 6 OoX Wa dpakad tha beWdaa of • F ..... 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ARCJEcTwfC nsrL• 3405 Late WaeNn& BW N OPTIDNALCE EM04AnDNCFMO"IGNMCAMCT LWnGATED(DN6MI: Aatw Lasd Aq—y.MCl40rPMW Eel dwmNNd tltd aWdk. q aaMvmMW kmett — urA" b new beam e. PePoaad pr*.L TLpshra, e pandaw MW. aM RCW N.21C.tl% tM Cly of RarAw Y=4 as Cpp C P°m b 9W =&a DWa DNS. M b i.Wjb a hwd. CammeM pebda /ore. p*ot*W ei prap. DNS -M are W*WWad pfo.abpa mnmad parkLL Than si rn no mm�e pRhd fobsYp {. kaenw d aM Therhdd OelMfnkaapp of Nprv6lplaba MM9MW (OI1='Mj. A 14dtf>A�d PadW r)fobo an 1aamQ d ar RI&11L PERMR APPLICATION LITE Fak—Y 1%7010 NOTICEOFCOMPLETEAFPLICATO& hMraA70.2010 APPIJCIMRPRa][�TCONTAGTPBtlON: Jerryamne,Emb hair OrsnrsefFNw.OaA parN>ameew R.RoemG En ronnwnbf(abPA) Raabe, ShMID0 CNWMWW Ole PMM and ewada'A al Oaaabpmanb pane DN.r F -11a aalkh may as n qW W I -"dor, B.Wn Arms Corpa rEnpbwre, i Waahln9hn Sbb Caputmontof PlahA MkK% Raaeebd shAlln: Lad. ebldr Lowoorlrt.ra eppautlpn may In na1—W; flapalmradd Qra Ncor.rob Dsrelapmwll ICED)-Pbnrld9 Dhlabn, amh ft. R~ CRr MO, IM emM dredy Yrq, Rar&n YEA M17 PLI3 CMEAPJHG: H.I*W bob M prop — m IMM pia dma— Ranbn G411.1 ItC.M d lade 8011Th Gmdj Way. e foe paid Np w be nolo a party of record W mr ar11Mr M—d- oo thb proposed projM wmpkpa Wt fwm and rsherl Oo: Oty pf Ranfon,ffn-PlaMln{DNNMp, 105350. GrWyYfry, NanroR WA9{95J. MNrr/fae No.: arearlM 3105 Dp[h [pNpYLTpRfLDA16a11, E6,SAr45M MAfUNG ADDRESS: TElt HE ND: 0 CCNLaTf31CY CY@RVIEW: X-Ingl•na U-: 7h—bjM m. 1.dd4nme rteu.ner a da.on �,,fla par W .a. m me Cary d R.rbn CompMrnlw Land Lw Map W R. Wands RNb FanE)m tlr Cly. 7-1rQ Map. envAvrvoermi Doo wood• aW NVlbaN tlla Prop-od PT' as E+rvkt--W(BEPN CTa dbt 6elabpraeN Ebyusatf.— U4 For P,*a MMaafbn: The p o)a aN be m Ofort to dr C*^ BEPA mdTrly, RMC A -L-113• RMC 4- 3-M RMC 49.19d.3 apd oder appkdb odea and ngWah— as aPp qm Propoead 1f1N9aaen Maus TIM k1o" UXQWM Me—o A 11* b, Ynpoaed M to PopmW Pejo Tl.a nwrmeWW Ma19 N— ad*— Poled hp— not -f bYwdm aW agutOo e m db d sbore. • Aa IAW s'MI b. aoeDnph�M wadn rca wnabra4m a4dop amh[pYal by tw HhaSfrpfPl LMpn9red dFoh a PrRwY: ew • lAe AlPa�d abr mrply wee aYaraoPrara�r.dar lab Sard/b1M AGMe1ef WMa�d Hda/Raf J10.7 Lab WaaA40iM lMd M Wapaad h li. H1fNMM CaRPmY• dandftiaruaY 10. 7Dfa C --W na aM a1.- opW d. MSM a• WbraRt d M MrR419 to Jany Wa.—, Aeaadaaa PI—, CNC - P4mlrp ONbbn, E9aa both Diel, Way, F4efo, WA MR, by o9a PM on AAAI a, 3p10, TAb Mahar la aI- bAM1UnM fA dukd Ear • p4b{a le dn9 on May 11, 701a. M ala AM, CPawa Chrrbaa, 5p Fesbn , Psn Cly HA lana "a' CUedy W.7, Ra If,- as InleoYd h abndap e.7ra.ag A.— con cf to. OaaakpTea 5-1— Dive- to a.ue eW e. heap I.a 3H b.e mead d • PEL1I a3o-Tpe$, rc OpR1ANRla eaYot a .a.nadd b sdEq 4 nr dE ardor. aboea, Yaa nrr m et pM harMq arW OEaaaA1 Eur wrmo•b m aw pnrpW Iasba eM wham ailm by r..You haw W OL tho PO) thN PNpaaM. a YAah b G rrMda , aae d remW and tA— .ddb oo Eapr111aa1n M pMK pada. W-01 tli f "d m..Sd. Argala rho suMn9s wlbn mnwMnb Y1a abnM6vaa bsoorda i pah d nmd and rll rn raMlsl d arty daodon m ala pnja.Y C0NTACTPER50N: Gardd C. W—, Aa Ifib Punned, T.h (4,35) 4304382, EMP. yW4sM"fitofIWLYDY PLEANE INCLUDE THE PROJECT NUMBER WHEN GALLING FOR PROPER FLE3DENTiFlCATION CERTIFICATION '" � ' UisiftJ] -2 OP V6 , 1, ereby certify that copies of the above documeNN�r�1►�``* were posted in �� can picuous places or nearby the descri ed prope Date: Signed: STATE WA GTON j SS COUNTY OF KING I certify that I know or have satisfactory evidence that G e 'jj'C - L to -5 t, - signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: sj c: �, v Notary Public in°and for the State of Washington Notary (Print): A _ G i � -G,.e. My appointment expires: Aub. Q'�f a 0 e CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 26th day of March, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA, Environmental Checklist, Lake & Stream Study, & Site Plan PMT documents. This information was sent to: Name Representing Agencies — NOA, Env. Checklist, Site Plan PMT See Attached Jerry Brennan Owner/Applicant/Contact 300' Surrounding Property Owners - NOA only See Attached Karen Walter - NOA, Lake & Stream Study, Env. Checklist, &Site Plan PMT Muckleshoot Indian Tribe Fisheries Dept. �, 4N111� (Signature of Sender): STATE OF WASHINGTON ) SS -, COUNTY OF KING I certify that I know or have satisfactory evidence that Gerald C. Wasser signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: C1� �? � LL_. LLD Notary (Print) My appointment expires Notary PubKc in and for the State of Washington V , fi _ G rc:L.b e, - f 1--, e� L,,, 4 Z'I" W i,3 #Pect,Name�, Brennan 3405 Dock Construction K'— SS#N} v.HYo'l7erl i Lct 5PENjN mbeii.--j LUA10-011, ECF, SMC, SM template - affidavit of service by mailing 0 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) 0 Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn. Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015-172 nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers " KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr, Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: if the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing 334210372002 ANDERSON JOSEPH C PO BOX 78654 SEATTLE WA 98178 334210365709 BRENNAN JERRY 3405 LAKE WASHINGTON BLVD N RENTON WA 98056 334210275007 DAO HUNG+LOAN BUI 900 N 34TH ST RENTON WA 98056 334210001007 GEIGER DEAN A+SARAH C 3415 BURNETT AVE N RENTON WA 98056 334210362508 LUCK VIRGINIA E 285 SAND DUNE AVE NW OCEAN SHORES WA 98569 334210006501 MAIN STREET BUILDERS LLC 3309 BURNETT AVE N RENTON WA 98056 312405900407 BNSF PO BOX 961089 FORT WORTH TX 76161 334210005503 CARLSON BRADLEY T 3310 LAKE WASHINGTON BLVD N RENTON WA 98056 334210369503 DELOOF SUSAN 469 TACOMA AVE NE RENTON WA 98056 334210364009 KING COUNTY 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 334210274505 MACCUBBIN LOUIS+KAREN 4049 AMES LAKECARNATION REDMOND WA 98053 334210251008 NICOLI BRUNO I & SARAH C 3404 BURNETT AVE N RENTON WA 98056 334210370501 BOWDEN KIM 2727 MOUNTAIN VIEW AVE N RENTON WA 98056 334210300102 CORRELL KEVIN L+SUSANA 3502 BURNETT AVE N RENTON WA 98056 334210003003 FAWCETT JAMES R ESTATE JANET MILES EX PO BOX 454 OCEAN SHORES WA 98569 334210371509 LORD MARK LORD LISA 3307 MTN VIEW AVE N RENTON WA 98056 334210006006 MAIN STREET BUILDERS L L C RD NE 40305 302ND AVE SE ENUMCLAW WA 98022 334210002005 POTOSHNIK MIKE JR 3403 BURNETT AVE N RENTON WA 98056 334210001502 334210005008 334210226000 SAN DJAY LLC SCHEINER EDWARD A WITTMANN CHARLES P+WITTMANN 4957 LAKEMONT BLVD SE #0428 3312 LAKE WASHINGTON BLVD N CAROLA E BELLEVUE WA 98006 RENTON WA 98056 907 N 34TH ST RENTON WA 98056 City of -.of -0 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) DATE: March 26, 2010 LAND USE NUMBER: LUA10-011, ECF, SMC, SM PROJECT NAME: Brennan 3405 Dock Construction PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review, a Shoreline Conditional Use Permit, and a Shoreline Substantial Development Permit for the construction of a new 60 -foot long, 4 to 8 - foot wide dock and the installation of a pre -manufactured, freestanding, portable, marine grade aluminum boatlfift in association with a single-family residence on the shore of Lake Washington, a Shoreline of Statewide Significance. The project site is a 10,264 square foot lot in the Residential - 8 dwelling units per acre (R-8) zone. Dock construction would be accomplished by driving six 8 -inch steel plies via a barge -mounted drop hammer pile driving system. Because boatlifts are not specifically identified in the Shoreline Master Program regulations, approval of a Shoreline Conditional Use permit would be required prior to installation. The applicant is also proposing to remove one of two existing docks and moving the other dock 3 -feet into deeper water. Section 4-3-090L.12.e.ii specifically states that there shall be no more than one pier per developed waterfront lot or ownership. While the existing conditions are considered legally non -conforming, in orderto construct a new dock the applicant would need to remove both existing docks. Construction wouid take place within the Washington Department of Fish and Wildlife "fish window", July 16 - December 31. PROJECT LOCATION: 3405 Lake Washington Blvd N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.210.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS - M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non -Significance - Mitigated (DNS -M). A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE. February 19, 2010 NOTICE OF COMPLETE APPLICATION: March 26, 2010 APPLICANTIPROJECT CONTACT PERSON: Jerry Brennan, Eml: lorry brennanC&-yahoo.com Permits/Review Requested. Environmental (SEPA) Review, Shoreline Conditional Use Permit and Substantial Development Permit Other Permits which may be required: Construction, Building, Army Corps of Engineers, & Washington State Department of Fish & Wildlife Requested Studies: Lake Study Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: Public hearing is tentatively scheduled for May _11,,2010 before the Renton Hearing Examiner in Renton Council Chambers. Hearings begin at 9:00 a.m. on the 7th floor of the new Renton City Hall located at 1455 South Grady Way. If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED — Planning Division, 1055 5o. Grady Way, Renton, WA 96057. Name/File No.. Brennan 3405 Dock Construction/LUA10-011, ECF, SMC, SM NAME: MAILING ADDRESS: TELEPHONE NO.: CONSISTENCY OVERVIEW: Zoningli-and Use; The "bit, is designated Residential 8 dwelling units per net n the City of Renton omprehensive Land Use Map and Residential Single F ily on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-2-110A, RMC 4- 3-090, RMC 4-9-1901.5 and other applicable codes and regulations as appropriate_ Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • All work shalt be accomplished within the construction window established by the Washington Department of Fish 8 Wildlife; and ■ The applicant shall comply with the recommendations of the Lake Study for the Proposed Pier and Boailift at 3405 Lake Washington Blvd, N, prepared by The Watershed Company, dated February 10, 2010. Comments on the above application must be submitted In writing to Jerry Wasser, Associate Planner, CED — Planning Division, 1035 South Grady Way, Renton, WA 98057, by 5:00 PM on April 9, 2010. This matter is also tentatively scheduled for a public hearing on May 11, 2010, at 9:00 AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton, If you are interested in attending the hearing, please contact the Development Services Division to ensure that the hearing has not been rescheduled at (425) 430-7282, If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner, If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and wilt be notified of any decision on this project CONTACT PERSON: Gerald C. Wasser, Associate Planner; Tel: (425) 430-7382; Eml: gwasser@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION Dena Law city O �'\ Department of Community and Economic Development March 26, 2010 Alex Pietsch, Administrator Jerry Brennan 3405 Lake Washington Blvd N Renton, WA 98056 Subject: Notice of Complete Application Brennan 3405 Dock Construction, LUA10-011, ECF, SMC, SM. Dear Mr. Brennan: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on April 19, 2010. Prior to that review, you will be notified if any additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Hearing on May 11, 2010 at 9:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report.will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7382 if you have any questions. Sincerely, Com, Gerald C. Wasser Associate Planner Renton City Hall 0 1055 South Grady Way 9 Rentonr Washington 98057 • rentonwa.gov 01 L L), City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: Jerry Brennan ADDRESS: 3405 Lake Washington Blvd N CITY: Renton ZIP. 98056 TELEPHONE NUMBER: 425-271-2736 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: Jerry Brennan COMPANY (if applicable): ADDRESS: 3405 Lake Washington Blvd N CITY: Renton ZIP: 98056 TELEPHONE NUMBER AND EMAIL ADDRESS: Cell- 425-277-4644, jerry_brennan@yahoo.com C:1Documents and 5ettingslglb41450esktoplHome StufflDocklmastempp 3405.doc City OT I!':1��,v� !e.rl llr�L9 Dive ,iK)n oVED PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Brennan 3405 Dock Construction PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 3405 Lake Washington Blvd N, Renton WA 98056 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 3124059075, 3342103635 and 3342103636 EXISTING LAND USE(S): Single Family Residence PROPOSED LAND USE(S): Single Family Residence EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) NA EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): NA SITE AREA (in square feet): 10264 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NA NUMBER OF PROPOSED LOTS (if applicable) NA NUMBER OF NEW DWELLING UNITS (if applicable): 1 PRAIECT INFORMA7 NUMBER OF EXISTING DWELLING UNITS (if applicable): NA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA TION continued PROJECT VALUE: $35,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft_ ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY I (Attach legal description on separate sheet with the followina information included) SITUATE IN THE —SE QUARTER OF SECTION _31 , TOWNSHIP _24N_, RANGE _5E_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Conditional Use Permit 2. Shoreline Substantial Development Staff will calculate applicable fees and postage: $ 3. 4. AFFIDAVIT OF OWNERSHIP I, (Print Name/s) r je-rev 13 re n i f h -,declare under penalty of perjury under the laws of the State of Washington that I am (plea check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please ach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. } I certify that I know or have satisfactory evidence tha 2-1/_ io signed this instrument and acknowledge it to be hislher/their ree and roli:ntary �* j /D act for the uses and purposes mentioned in the instrument. ignatu f Owner epresentative) Notary Public in and for the State of Washing(Th (Signature of Owner/Representative) Notary (Print)},'+ Lj My appointment expires: C:Oocuments and Settengslg11341051Desktop\Home Stuff',Doeklmastempp 3405.doc - 2 - I LEGAL DESCRIPTION OF PROPERTY I (Attach legal description on separate sheet with the followina information included) SITUATE IN THE —SE QUARTER OF SECTION _31 , TOWNSHIP _24N_, RANGE _5E_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Conditional Use Permit 2. Shoreline Substantial Development Staff will calculate applicable fees and postage: $ 3. 4. AFFIDAVIT OF OWNERSHIP I, (Print Name/s) r je-rev 13 re n i f h -,declare under penalty of perjury under the laws of the State of Washington that I am (plea check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please ach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. } I certify that I know or have satisfactory evidence tha 2-1/_ io signed this instrument and acknowledge it to be hislher/their ree and roli:ntary �* j /D act for the uses and purposes mentioned in the instrument. ignatu f Owner epresentative) Notary Public in and for the State of Washing(Th (Signature of Owner/Representative) Notary (Print)},'+ Lj My appointment expires: C:Oocuments and Settengslg11341051Desktop\Home Stuff',Doeklmastempp 3405.doc - 2 - PLANNING DIVISION WAIVEAF SUBMITTAL REQUIRMENTS City Ot gontc'" FOR LAND USE APPLICATIONS Li . . .... ...... . ....... OQ .. ........ wis N ........ ........ H:10ED1DataTorms-TemplateslSelf-Help HandoulslPlanriingkwaiverofsubmittalreqs.xis 06109 PLANNING DIVISION WAIVEFOF SUBMITTAL REQUIRAENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning H:10EDZatalForms-7amplateslSelf-Help Handouts\Planning%waiverofsubmittalregs.xis 06109 Brennan 3405 Dock Construction Project Narrative: The proposed Brennan New Residential Dock located at 3405 Lake Washington Blvd N. Renton, WA, would have a dock that is 60 feet long, 4 feet wide, flaring to 8 feet wide the last 20 feet for a 330 sq -ft dock footprint. The dock would be supported by 6 steel piles of 8 inch diameter connected by Glu -Lam beams and Steel cross beams. The second dock is a re -build of an existing 6 x12' dock moved out 3 feet to deeper water. The Boatlift, will be free standing with a 10' X 10' footprint on 4 each of 12" X 12" pads. It will be self contained, solar powered battery charger, and utilizing non-toxic, water-soluble hydraulic fluid, it would be located next to the smaller north dock. This project requires a Shoreline Substantial Development Permit and an Environmental Review. In addition, the Boatlift is not covered in the Renton Municipal Code, it requires approval of a Shoreline Conditional Use Permit. These are combined in a Land. Use Master Application. The upland site currently has a Single Family Residence and is zoned R-8. It is located between Lake Washington and Burlington Northern Railroad, adjoining a house, 3411 Lake Washington Blvd N to the north and a house, 3401 Lake Washington Blvd N to the south. It is estimated the project costs would be $25,000, there would be no job shacks or temporary structures during construction. The construction work would be over Lake Washington during the Washington Department of Fish and Wildlife directed construction window of July 16 to Dec 31. No off site improvements are planned. No trees will be removed, new planting will be done per enclosed planting plan. Existing Shoreline is 6 foot rock bulkhead to sand/gravel/rock shore. City of Renton Planning Division nECEN80) 9 Attn: Gerald Wasser Development Services Division 1055 South Grady Way Renton WA 98055 Subject: Conditional Use Permit Justification Dear Mr. Wasser: 40 01 Feb 16, 2010 q so A. The proposed boatlift is compatible with Section 7.12 Piers and Docks of the Renton Shoreline Master Program. Piers and docks are allowed for single-family residential use to provide reasonable and safe moorage. Boatlifts are accessory structures to piers and docks for mooring a boat in a safe and secure manner. Most properties in the area have existing boatlifts. The use will not interfere with the public use of public shorelines, as there are none in the immediate vicinity. The design of the site is compatible with the existing adjacent dock and boatlifts in the neighborhood. B. Approximately 90% of all damage to watercraft occurs when they are tied to a pier or dock. When a boatlift is use to secure a watercraft up out of the water next to a pier or dock, this damage is greatly reduced or eliminated. 1. The addition of a boatlift to the proposed pier will not increase the use of watercraft, or lead to an overconcentration of boat and boatlift use within the city or immediate area. 2. The proposed location is suited for the boatlift, as the site is compatible with adjoining sites, which have and have had boatlifts in operation for many years. C. The proposed use will not have adverse effects on adjacent properties, as the majority of the structure of the boatlift remains under water. • The proposed boatlift is compatible with the residential scale and character of the neighborhood as most of the adjacent properties have boatlifts. • No additional parking is required. • No impacts to traffic will occur. • No potential impacts to noise or glare will occur, as the majority of the structure of the boatlift remains under water. • No landscaping is proposed for his project. • There are no accessory uses to this project. • No existing buildings or structures will be converted. • The proposed boatlift and location does not impose any burden to public improvements, facilities, utilities, and services. • The lot coverage will not exceed 50%. • The yard will not be impacted. • The height of the boatlift conforms to all height requirements. If you have any questions regarding my permit, please do not hesitate to call. My number is (425) 277- 4644. Je Brennan jerryjrennan@yahoo.com 3405 Lake Washington Blvd N Renton WA 98056 Cell Number (425) 277-4644 Attn: Gerald Wasser Development Services Division 1055 South Grady Way Renton WA 98055 Subject: Construction Mitigation Description Dear Mr. Wasser: Feb. 16, 2010 The proposed pier construction and installation date for the boatlift is as soon as possible after the work window opens and permits are approved. The work window is between July 16 and December 31 . The pier construction installation will occur between the hours of 5:00 a.m. and 4:00 p.m. Monday through Friday, and will take approximately 3 to 5 days of pile driving with 10 to 15 days to complete. There is no proposed hauling or transportation routes, as the materials for the pier and premanufactured and packaged boatlift will be delivered via a barge on Lake Washington. There are no proposed measures to minimize, dust, traffic and transportation impacts, erosion, -mud, or noise. All work is to be performed between the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday, no traffic control plan is necessary. If you have any questions regarding my permit, please do not hesitate to call. My number is (425) 277-4644. - 6-ze-2-�� /Je7rTyBrennan j erry_brennan@yahoo.com 3405 Lake Washington Blvd N Renton WA 98056 Cell Number (425) 277-4644 City Pkcinn-109 DtiV00n S efty Of Fenton A. BACKGROUND 1. Name of proposed project, if applicable: Brennan 3405 Dock Construction rb)ff �� DQ 2. Name of applicant: L U Jerry Brennan 3. Address and phone number of applicant and contact person: 3405 Lake Washington Blvd N, Renton WA 98056 4. Date checklist prepared: Feb 15, 2010 5. Agency requesting checklist: Renton Planning 6. Proposed timing or schedule (including phasing, if applicable): Construction in 2010 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Army Corp RPG #3 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Yes, Army Corp, Nat'l Marine Fisheries, DARPA, Dept of Ecology 10. List any governmental approvals or permits that will be needed for your proposal, if known. See above 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construct a Single Family Residence dock C:WsemUerrys0esktop4envchlst2-15-1Q.doc -3- 06109 0 0 12. location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other Shoreline b. What is the steepest slope on the site (approximate percent slope?) Rock bulkhead -70 degrees C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Sand / gravel beach — rock bulkhead d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. M e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Salmon Spawning gravel mix, 25 yards 1 year f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 60 sq -ft concrete landing h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Silt fence during constructon -4- CAUSer8Uer1Y$0 sktD&nvchlst 2-15-10.doc 06109 0 0 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. N/A C. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Lake Washington 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes, see plans 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 25 yd, Salmon Spawning gravel mix for mitigation 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N/A 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. N/A 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A - 5 - 06109 C:1UsersUerry'sloesktoplenvchlsl 2.15.1 o.doc b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. N/A 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A C. Water Runoff (Including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. N/A 2) Could waste material enter ground or surface waters? If so, generally describe. N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A 4. PLANTS a. Check or circle types of veg tation found on the site: _X deciduous tree: ai de,,pen other k evergreen tree: fi )C shrubs _X_ grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other _X_ water plants: water lily, eel grass, ilfoil, ther _X_ other types of vegetation b. What kind and amount of vegetation will be removed or altered? New Plantings per Planting design C. List threatened or endangered species known to be on or near the site. Chinook Salmon d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: See Planting Plan -6. 06109 C:WsersUerrYsZesktoplenwehlsl 2-15-10.doo 0 0 9 S. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Chinook Salmon C. Is the site part of a migration route? If so, explain Yes, salmon d. Proposed measures to preserve or enhance wildlife, if any: See design — Native Planting plan and Salmon Spawning gravel 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Solar Powered Boat Lift 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A 1) Describe special emergency services that might be required. N/A 2) Proposed measures to reduce or control environmental health hazards, if any: N/A CAUWMUerryS0ftktoplenvch1st 2-15-14.doc -7- 06109 0 0 b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Sound Attenuation on the Pile Driving 8 AM — 5 PM 3) Proposed measures to reduce or control noise impacts, if any: Cushion Top 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Single Family. Residence b. Has the site been used for agriculture? If so, describe. No C. Describe any structures on the site. Single Family Residence d. Will any structures be demolished? If so, what? None e. What is the current zoning classification of the site? R -S f. What is the current comprehensive plan designation of the site? SFR g. If applicable, what is the current shoreline master program designation of the site? Shoreline h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Shoreline L Approximately how many people would reside or work in the completed project? 3 - a - 06/09 CAUsersUenysZnktWp envchlst 2-15-10.6oc 0 0 9 j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Planting Plan per NMF & USACE 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A C. Proposed measures to reduce or control housing impacts, if any: N/A 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. N/A b. What views in the immediate vicinity would be altered or obstructed? N/A C. Proposed measures to reduce or control aesthetic impacts, if any: Planting Enhancments 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A - 9 - 06109 CAVserSQe Y3%Desktoplenvchlst 2-15-10.doc • • C. What existing off-site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Kennydale Beach Park b. Would the proposed project displace any existing recreational uses? If so, describe. No C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. N/A b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. N/A C. Proposed measures to reduce or control impacts, if any: N/A 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. N/A b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? N/A C. How many parking spaces would the completed project have? How many would the project eliminate? N/A -10- 06109 C: VJwmVenYsM)esktoplenvchlst 2-15-10.doc d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? N/A e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A g. Proposed measures to reduce or control transportation impacts, if any: N/A 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. N/A b. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: Name Printed: Jer Brennan Date: Feb. 15 2010 -11- C: W sersUerr}rs\Desktop+envchist 2-15-1 p,doc 06109 WATERSHED It V- CIE 8 DESIGN _ � €- 10 February 2010 ,r{ ', Jerry and Mary Brennan CJ 3405 Lake Washington Blvd N. Renton, WA 98056 Re: City of Renton Lake Study - For the Proposed Pier and Boatlift at 3405 Lake Washington Blvd. N. The Watershed Company Reference Number: 090614 Dear Mr. & Mrs. Brennan: The purpose of this letter is to document biological impacts associated with the proposed pier and boatlift project pursuant to the City of Renton Code requirement outlined in RMC 4-8-120.D.19 for the proposed pier and in -water boat lift located at your residence, 3405 Lake Washington Blvd. N, Renton WA 98056. Michael Mazur, Ph.D. Fish Biologist for The Watershed Company conducted a site visit and snorkel survey on 28 September 2009. The following evaluation of the potential biological impact to the Lake Washington shoreline and buffer resulting from your proposed project (see enclosed site plan) is based upon observations from the site visit and from materials supplied by you. Existing Conditions Lake classification The proposed project site is currently classified under the Renton City Shoreline Master Program as an urban lake shoreline (SMI' Map; RMC 4-3-090). Site description The upland site has a single-family residence and is zoned R-8. It is located between Lake Washington and the Burlington Northern / Santa Fe Railroad, adjoining a residential property to both the north, 3411 Lake Washington Boulevard N, and a residential property to the south, 3401 Lake Washington Boulevard N. The existing single-family residence is situated adjacent to the southeastern shoreline of Lake Washington. The approximately 920-ft2 house is located 27 feet east of the shore of Lake Washington, at its closest point. The existing shoreline consists of a 6 -foot high rock bulkhead extending down to the waterline. There are currently two wooden piers, including one 67-ft2 pier and a second 72-ft2 pier, in addition to a 256-ft2 wooden swim float located just offshore. The two piers are supported by treated wooden pilings. 750 Sixth Street South Kirkland, WA 98033 r 425.822.5347 1 475.827.8136 watershedco_com City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 2 There is currently one free-standing JetSkiTM lift adjacent to the 67-ft2 pier and two free- standing boatlifts adjacent to the 72-ft2 pier. The on-site vegetation is primarily mowed lawn with a narrow band of cotoneaster along the bulkhead (Figure 1). The vegetation located on the residential property immediately to the north includes several big leaf maple (Acer macrophyIlum) and black cottonwood with an occasional snowberry (Figure 2). Another residential property is located to the south, and a Burlington Northern / Santa Fe owned rail line borders the eastern property line. The shoreline substrate adjacent to the bulkhead primarily consists of sand intermixed with occasional pieces of gravel and rock which extends offshore for a distance of approximately 20-25 feet at which point a mat of Eurasian milfoil begins. Substrate in the project area is unsuitable for salmon spawning and no redds not adult salmon were observed in the vicinity of the project site. No wetland or flood hazard areas are known to be present at the site. vegetated shoreline. and City of Renton Lake Shady Jerry and Mary Brennan 10 February 2010 Page 3 Figure 2. View of existing 67-ft2 pier. Swim float to be removed and existing pier to be Figure 3. View of existing 72-ft2 pier to be replaced and moved to deeper water. E City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 4 Figure 3. Residential lot north of the proposed project site showing bulkhead and vegetative cover. Ecological functions The current ecological functions associated with the hydrologic, vegetation, hyporheic and wildlife habitat of the proposed project area is limited and typical of other urban classified Labe Washington shorelines located in the vicinity. The hydrologic function of the site is primarily impacted by the large rock bulkhead which limits the amount of natural stormwater and sediment exchange, limits wave energy attenuation, and does not provide a suitable land/water interface for large woody debris recruitment and retention. Vegetative diversity at the project site is very limited and likely does not provide significant functions. There are no trees to improve temperature control, water quality, or increase bank stability. The hyporheic function of the project site is poor with limited potential for water and sediment storage. Similarly, the high bulkhead greatly reduces the potential for natural hyporheic support of the shoreline vegetation. Wildlife habitat at the site is limited and spatially constrained by the narrow lot and close proximity of the railroad and Lake Washington Boulevard. The habitat function of the project site lacks physical space and provides poor food production for the majority of potential native species that could naturally be located at the site. The conditions at the site are summarized below in Table 1. 011 0 City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 5 Table 1. Checklist for Documenting Environmental Baseline and Effects of Proposed Action(s) on Relevant Indicators -- Draft modified by NOAA Fisheries for lakes. PATHWAYS ENVIRONMENTAL BASELINE EFFECTS OF THE ACTION(S) INDICATORS Properly 1 Not Prop. Functionin At Risk Functionin Restore' Maintain2 Degrade3 Water Quality Temperature/Dissolved X X Oxygen pH X X Chem. Contamination X X Nutrients/Total P X X Habitat Access Physical Barriers X X Habitat Elements Exotic Species (in X X water Shoreline Upwelling/ X X Downwellin Structural Complexity (LWD/emergent/ X X submer ent vegetation) Substrate Composition X X Shoreline Conditions Shoreline Vegetation X X and Riparian Structure Shoreline Gradient X J X ' For the purposes of this checklist, "restore" means to change the function of an "at risk" indicator to "properly functioning," or to change the function of a "not properly functioning" indicator to "at risk" or "properly functioning" (i.e., it does not apply to "properly functioning" indicators). 2 For the purposes of this checklist, maintain" means that the function of an indicator does not change (i.e., it applies to all indicators regardless of functional level). 3 For the purposes of this checklist, "degrade" means to change the function of an indicator for the worse (i.e., it applies to all indicators regardless of functional level). in some cases, a "not properly functioning" indicator may be further worsened, and this should be noted. Species present Wildlife species observed at the proposed project site during the site visit include, a sea gull, a hen mallard duck, and two juvenile black bass. Additional species that were reported by the applicant to have been observed at or near the site in the past include; mink, adult sockeye and Chinook salmon, and merganser ducks. Species of Concern The proposed project area is located along the shoreline of Lake Washington, which is within the geographic range of three federally listed species of salmonids: 1) Chinook salmon of the Puget Sound Evolutionary Significant Unit (ESU) (Reaffirmed as 0 0 City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 6 Threatened, U.S. Federal Register, 28 June 2005), 2) bull trout of the Coastal -Puget Sound Distinct Population Segment (DPS) (Threatened, U.S. Federal Register, l November 1999), and steelhead of the Puget Sound DPS (U.S. Federal Register, 29 March 2006). Coho salmon of the Puget Sound -Strait of Georgia ESU are also present in the watershed and are currently considered a Species of Concern (U.S. Federal Register, 15 April 2004), indicating that they are under less active consideration for formal listing. An ESU of Pacific salmon is considered to be a DPS and thus a "species" under the Endangered Species Act. All of these species may be present in the action area during a portion of their life cycle. In regards to the proposed project, juvenile Chinook are most likely to be present in the area from January through June. Adult chinook may be in the area from June to November, but would not be expected in the extreme nearshore area where construction would occur. The primary chinook salmon stream in the Lake Washington Basin is the Cedar River, and it is located approximately two miles south of the project site. Similarly, chinook salmon spawn in Kelsey Creek and are occasionally observed in May Creek and Coal Creek. Kelsey Creek drains into Mercer Slough, which is located roughly three and a half miles north of the proposed in -water structure. May Creek is located less than a mile north and Coal Creek roughly two and a half miles north of the project site. However, chinook salmon are rarely observed in May Creek or Coal Creek, and the Chinook observed in these streams are likely straying from the Cedar River population. Other streams flowing into Lake Washington near the proposed work area detailed above have no known record of chinook spawning and are generally not considered to contain suitable habitat or are too small to support spawning Chinook. Juvenile coho are most likely to be migrating through the project area from mid-March through June. Adult coho may be in the project area from August to December, but are not expected to use the nearshore area where construction activities would occur. The nearest known coho spawning streams are Kelsey Creek and the Cedar River. As previously mentioned, the Cedar River is approximately two miles to the south, and Kelsey Creek is about three and a half miles to the northeast of the project site. Other known coho spawning streams are May Creek and Coal Creek, both of which flow into the eastern side of Lake Washington. Coho salmon are rarely observed in May Creek and likely stray from other systems like the Cedar River. Little is known about bull trout distribution and habitat use within Lake Washington, and any current projections are generally based on extrapolation of similar information from other bull trout populations. Bull trout would not be expected within the littoral zone when nearshore temperatures exceed 15°C (generally, from May through mid- October). Juvenile bull trout would remain in headwater streams until the onset of piscivory, at a body length of approximately 300 mm, at which point they would migrate as subadults in search of improved foraging opportunities. Subadult bull trout City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 7 often migrate with adults to headwater streams during the summer and fall, and return to larger rivers to overwinter. Bull trout may be attracted to spawning aggregations of prey fish such as longfin smelt. Many native char in populations from north Puget Sound exhibit anadromy, migrating to marine waters in late winter (Goetz et al. 2004). In conclusion, the presence of juvenile bull trout in Lake Washington is very limited to unlikely and subadult and adult bull trout in the lake would not be subjected to similar predation pressure as juveniles. Adult and subadult bull trout would avoid the littoral zone during the summer due to excessive water temperatures and are not expected to use the nearshore areas where construction activities are planned. The project area is also located within critical habitat that has been formally designated for Puget Sound chinook salmon and Coastal -Puget Sound bull trout. Critical habitat for chinook salmon includes the Lake Washington Subbasin (Watershed Code 17110012-03) of the Puget Sound ESU (U.S. Federal Register, 2 September 2005), and critical habitat for bull trout of the Coastal -Puget Sound DPS includes Lake Washington, which is in Critical Habitat Unit 28 - Puget Sound (U.S. Federal Register, 26 September 2005). Sockeye Salmon (Oncorhynchus nerka) are also present in the proposed project area, and Lake Washington is designated as essential fish habitat (EFH) for Pacific salmon. Pacific salmon EFH is protected and managed as per the federal Fisheries Management Plan (FMP). EFH for the Pacific coast salmon fishery identifies those waters and substrate necessary for salmon production needed to support a long-term sustainable salmon fishery and salmon contributions to a healthy ecosystem. To achieve that level of production, EFH includes all those streams, lakes, ponds, wetlands, and other currently viable water bodies and most of the habitat historically accessible to salmon in Washington, Oregon, Idaho and California. Juvenile sockeye are most likely to be migrating through the action area from January through May as fry. Larger juvenile sockeye are pelagic and generally are found in deeper offshore habitats in the lake. Adult sockeye and kokanee may be in the project area from July to December, but are not expected to use the nearshore area where construction activities would occur. The nearest known sockeye and kokanee spawning streams are Kelsey Creek and the Cedar River. Sockeye have been observed shore spawning in Lake Washington. However, the substrates and milfoil present at the project site make it highly unlikely that sockeye salmon utilize the area for spawning. Project Description The larger, proposed residential pier would be 62 feet long, 4 feet wide, flaring to 8 feet wide the last 20 feet for a 338-ft2 pier footprint, replacing the existing 67-ft2 pier (see enclosed site plan). The over -water footprint will be 330 square feet. Eight, 8 -inch diameter steel piles connected by Glu -Lam beams and steel crossbeams will support the pier. The bottom of the pier will be a minimum of one -foot above the summer high 0 0 City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 8 water level maintained for Lake Washington, and the pier will have no skirting. The pier surface will be plastic ThruFlowTM grated decking. The initial pair of piles will be located approximately two feet waterward of the existing rock bulkhead. The remaining pier piles will be spaced every 19 feet. The existing free standing JetSkiTM lift will be relocated from its current location approximately 25 feet northeast of the proposed pier to a location adjacent to the southeast comer of the proposed pier. The 72 square foot residential pier will be removed and then reconstructed three feet waterward of its current location and in identical dimensions of 12'x 6'. Four, 6 -inch diameter steel piles will support the pier (see enclosed site plan). The bottom of the pier will be a minimum of one -foot above the summer high water level maintained for Lake Washington, and the pier will have no skirting. The initial pair of piles will be located approximately 24 feet waterward from the existing rock bulkhead. The remaining pier piles will be located 12 feet waterward from the initial pilings. The deck surface will be plastic ThruFlowTM grated decking. The two -foot wide diving board currently used to access the pier will remain. As part of the project, one of the two existing, freestanding boatlifts will be removed. The other boatlift will be moved three feet waterward, as well. The existing 67-ft2 pier will be removed in the location where the new, larger pier will be constructed. Additionally, an existing, 16'X 16'(256 ft) swim float will be removed from its current location just north of the proposed larger pier, resulting in a removal of 323 ftz. Therefore, the project will result in a total net increase of only 7 ft' of over -water, pier surface. The upland site has a Single Family Residence and is zoned R-8. It is located between Lake Washington and the Burlington Northern / Santa Fe Railroad, adjoining a residential property to both the north, 3411 Lake Washington Boulevard N, and a residential property to the south, 3401 Lake Washington Boulevard N. There will be no job shacks or temporary structures on site during construction. Construction would begin as soon as permits and scheduling will allow, but no in -water work will occur from 1 January through 15 July, per the combined fish -protection policies of NOAA Fisheries, USFWS, and WDFW in Lake Washington for the area below the I-90 Bridge and greater than a mile from Mercer Slough or the Cedar River. The combined fish and wildlife timing and equipment restrictions are depicted graphically below. The applicant will comply with any amendments made to the below timing restrictions following USAGE, NOAA Fisheries, and USFWS review. 0 0 City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 9 As part of the project, a shoreline planting plan has been developed for the site. Presently, there is very little diversity or complexity in the shoreline vegetation. Native riparian vegetation will be installed along much of the shoreline. A variety of native plants will be used including vine maple, Hooker's willow, red -osier dogwood, salal, ocean spray, red flowering currant, and kinnikinnick. The planting plan will provide greater cover and forage opportunities for wildlife and will enhance shoreline stabilization. As part of the pier construction, 25 cubic yards of salmon spawning gravel will be placed along the shoreline. The spawning gravel will enhance the opportunity for shore spawning sockeye and kokanee salmon to utilize the area and improve the conditions from those currently found at the site. Impact Analysis The effects of installing and utilizing the proposed piers and boat lifts on the overall conditions of Lake Washington and the shoreline area are indicated in Table 1 above. Installation and use of the piers and boatlifts could have similar affects on bull trout, chinook salmon, steelhead, coho and sockeye salmon using Lake Washington. An exception would be indirect effects resulting from potential impacts to prey species within the project area. Unless otherwise noted, there is no distinction between these species within the following discussion. Direct Effects on Salmonids 1. Water Ouality (substrate disturbance and discharge of waste aroducts): Pile driving, propwash from direct overwater use or grounding of construction vessel(s), and/or turbid runoff from upland disturbance during planting plan implementation could produce temporary, localized sediment plumes that would dissipate following cessation of activity. The proposed project would not create and/or cause hazardous or toxic wastes or any other type of waste products to be released into the water. The proposed project would not affect water quantity or water temperature within Lake Washington. To minimize construction impacts associated with increased turbidity during construction, the following timing restrictions and conditions are proposed: No in -water construction activity would occur at a minimum between January 1 and July 15 for protection of fish. Jan Feb Mar Apr May Jun Jul I Aug I Sep I Oct I Nov I Dec & " - ..� [Federal State fish @C protection As part of the project, a shoreline planting plan has been developed for the site. Presently, there is very little diversity or complexity in the shoreline vegetation. Native riparian vegetation will be installed along much of the shoreline. A variety of native plants will be used including vine maple, Hooker's willow, red -osier dogwood, salal, ocean spray, red flowering currant, and kinnikinnick. The planting plan will provide greater cover and forage opportunities for wildlife and will enhance shoreline stabilization. As part of the pier construction, 25 cubic yards of salmon spawning gravel will be placed along the shoreline. The spawning gravel will enhance the opportunity for shore spawning sockeye and kokanee salmon to utilize the area and improve the conditions from those currently found at the site. Impact Analysis The effects of installing and utilizing the proposed piers and boat lifts on the overall conditions of Lake Washington and the shoreline area are indicated in Table 1 above. Installation and use of the piers and boatlifts could have similar affects on bull trout, chinook salmon, steelhead, coho and sockeye salmon using Lake Washington. An exception would be indirect effects resulting from potential impacts to prey species within the project area. Unless otherwise noted, there is no distinction between these species within the following discussion. Direct Effects on Salmonids 1. Water Ouality (substrate disturbance and discharge of waste aroducts): Pile driving, propwash from direct overwater use or grounding of construction vessel(s), and/or turbid runoff from upland disturbance during planting plan implementation could produce temporary, localized sediment plumes that would dissipate following cessation of activity. The proposed project would not create and/or cause hazardous or toxic wastes or any other type of waste products to be released into the water. The proposed project would not affect water quantity or water temperature within Lake Washington. To minimize construction impacts associated with increased turbidity during construction, the following timing restrictions and conditions are proposed: No in -water construction activity would occur at a minimum between January 1 and July 15 for protection of fish. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 10 * The contractor shall stockpile any construction debris in designated upland areas above the OHWM or on the construction barge pending off-site disposal. + The barge or workboat would not be allowed to ground. + All construction debris shall be properly disposed of on land in such a manner that it cannot enter in to the waterway or cause water quality degradation (Section 13, river and Harbors Act). + Erosion and sediment control measures would be implemented as appropriate during and following installation of the proposed plantings, including measures for both the short-term and permanent stabilization of exposed soils. Studies investigating the effects of turbidity on juvenile salmonids in a lacustrine environment suggest that turbidity can have beneficial effects on the feeding and survival of salmonids (Gregory 1994, Mazur and Beauchamp 2003, Mazur and Beauchamp 2006) as well as other species of juvenile fishes (Kitano et al. 2007). Juvenile Chinook salmon of the body size that could be present at the site during construction were found to have their peak foraging rates when turbidities were between 70-150 NTUs (Gregory 1994), conditions generally considered to be moderate to highly turbid water. Similarly, piscivorous cutthroat trout, the primary predator on juvenile salmon in Lake Washington, have reduced foraging rates under turbid conditions greater than 7 NTUs (Mazur and Beauchamp 2003). Despite the ecological advantages, turbidity is generally considered an undesirable condition for salmonids, as exposure to potentially contaminated sediment suspended in the water column is thought to result in lethal and sub -lethal effects. However, localized episodic turbidity events from an individual construction activity would not represent a permanent sediment source and would not produce conditions of chronic exposure. Considering that the turbidity produced by construction activity would be localized and temporary, the most probable impact on juvenile chinook or coho would be a slight beneficial result of increase foraging success and a slight increase in survival due to decreased predation pressure. The most effective strategy for minimizing or eliminating potential construction -related impacts would be to restrict construction to periods when the presence of bull trout, Chinook salmon, coho salmon, sockeye salmon or steelhead is improbable. The combined fish -protection prohibitions on in -water construction by NOAA Fisheries, USFWS and WDFW result in an allowable in -water construction window of 16 July to 31 December. This window is adequate to minimize the probability that bull trout, chinook salmon, coho salmon, or steelhead would be in the project area during construction. This timing window is also designed to protect beach -spawning sockeye, which may be present near the project area. Additionally, the precautionary conditions that have been proposed would minimize the potential for the release of waste products or construction City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 11 debris to the lake. Thus, temporary water -quality impacts associated with the proposed project are unlikely to result in the take of a listed or fish species of concern. Noise: Depending on the equipment used, pile -driving activities can generate considerable noise and vibration impacts. Recent investigations of the effects of pile driving on fish have indicated that pile driving, especially impact pile driving, can be harmful, or fatal for small fish (NOAA Fisheries 2003). Minimizing fish exposure to pile driving activities by following scientifically based construction timing restrictions is an accepted method for avoiding or minimizing adverse effects on listed species (NOAA Fisheries 2003). In order to minimize the impacts of pile driving on bull trout, Chinook salmon, coho salmon, sockeye salmon, and steethead, the above timing restriction (no in - water construction at a minimum from 1 January through 15 July) would be followed. This restriction is adequate to minimize the probability that bull trout, Chinook salmon, coho salmon, and steelhead would be in the project area during construction. Similarly, the substrate and milfoil present at the site precludes sockeye salmon from using the area as a shore spawning site limiting the potential for their presence at the site. Thus, noise impacts would be insignificant and/or discountable. Habitat Health (vegetated shallows): The workboat or barge used for construction could disturb vegetated shallows during the implementation of the project, either through physical abrasion or prolonged overhead shading. Pile driving may also affect any vegetation in the immediate near -shore area. Vegetated shallows provide refuge and foraging habitat for juvenile salmonids and forage fish. Boat activity in or adjacent to vegetated shallows has been documented to damage and/or destroy habitat (Fonseca et A 1998). The typical depths at which the construction vessels would be operating are sufficient to prevent grounding or disturbance of the substrate during high water. However, in such circumstances that the substrate was disturbed, the action would be temporary and minimal since the workboat would not be moving around. Proposed enhancement of shoreline areas using native riparian vegetation will improve site-specific fish and wildlife habitat functions over those that currently exist within the project area. These native plantings are designed to eventually enhance fish habitat by providing overwater shade, cover, and allochthonous input of detritus and insects. Thus, short-term impacts to vegetated near -shore habitat would be insignificant and/or discountable, while long-term impacts may be beneficial. Direct Mortality: The potential to kill bull trout, Chinook salmon, coho salmon, sockeye salmon, or steelhead exists as long as they are present in the project area during construction. In order to minimize the impacts of construction activity on these salmonids, the above timing restriction (no in -water construction at a minimum from 1 January through 15 July) would be followed. This restriction is adequate to minimize the probability that juvenile salmonids would be in the action area during construction. i City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 12 Indirect Effects on Salmonids Effects resulting from the proposed activity that occur later in time could include changes in habitat quality and availability, and foraging conditions for juvenile salmonids and forage fish of salmonids at the shoreline. 1. Water Quality: The proposed piers include the capability to accommodate boat moorage at the site. Fueling would not occur at the site. The boat and JetSkiTM lifts are not new structures. The JetSkiTM lift will be relocated, and the boatlift will remain in its present locations. In both cases, there will be no new or additional potential for spillage of petroleum products in the area. The proposed installation would not result in significant increases of either water column or sediment concentrations of heavy metals, nor would any adverse environmental responses occur as a result of heavy metal leaching from the proposed installation. The proposed decking is ThruFlowTM plastic grating and the piles and pier frame are constructed of steel. Thus, potential indirect water -quality impacts at the project site are considered discountable and insignificant. 2. Habitat (changes in refuge, foragipg, and migration conditions for 'uvenile chinook in the action area resulting from the proposed pier project): The proposed pier construction project may change refuge, foraging, and migration conditions for juvenile salmonids through a variety of mechanisms. Shade from the structure can impair adequate vegetation growth that could potentially reduce the food supply of juvenile salmon. Overhead structure could provide habitat for non-native piscivorous fishes that prey on juvenile salmon and potentially create a migration obstacle for salmon. However, the proposed project would be constructed entirely of Thru-Flow grating, improving light penetration for plant production and limiting the potential utility of the pier as a habitat for predators. The reduction of milfoil in the near -shore area could improve water quality conditions for juvenile salmonids and other small fish in the action area by reducing the potential of an anoxic induced fish kill event. Additionally, since the existing pier and float will be removed, the net square footage of pier surface will only increase by seven square feet, reducing the risk to fish habitat. Native riparian vegetation would be installed along portions of the shoreline area. The shoreline planting plan is designed such that detritus and invertebrates from the vegetation could enter the water, potentially contributing to the aquatic ecosystem. The implementation of this shoreline vegetation plan is likely to improve foraging conditions for salmonids and their prey species in the project area over the existing condition. 0 9 City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 13 Installation of spawning gravel in the nearshore area will provide the opportunity for shore spawning sockeye salmon and kokanee to utilize the project area and improves the areas potential for producing salmon over the existing conditions. Habitat (vegetated shallows): Coverage by the Thru-flow decked pier would decrease light transmission to vegetated shallows, which are components of habitat quality for juvenile fish. As discussed above, aquatic vegetation was primarily composed of invasive milfoil. The proposed pier would cover previously open water areas, but would allow light availability to the benthic community below the structure via the installation of Thru-flow grated panels. However, the removal of the existing swim float will return the area beneath to a more natural state, limiting the net increase of impacts to vegetated shallows. Whether the decrease in light availability and potential decrease in milfoil density or abundance in the action area would have any significance for juvenile salmonids has not been clearly established. Considering that the production of juvenile salmonids in Lake Washington is not presently limited by food supply (Koehler and Beauchamp 2004), it is unlikely that decreases in vegetation density or abundance in the area would significantly affect food availability for juvenile salmonids. Other Effects For all other pathways and indicators not specifically mentioned above, the activity would not alter the present environmental baseline. Avoidance The elevated fixed pile piers with grated decking, absence of deck skirting, and positioning of the piers as far offshore as practical provides the best alternative for pier construction at this site and produces a negligible amount of impact to the lake biota and shoreline buffer. Mitigation and Habitat Enhancements • Approximately 800 ft' of shoreline buffer areas will be planted with native vegetation leading to improved shoreline conditions from those currently found at the site. 25 yards of salmon spawning gravel will be placed along the shoreline enhancing the opportunity for shore spawning sockeye salmon to utilize the area and improving the conditions from those currently found at the site. References: Fonseca, M.S., W.J. Kenworthy, and G.W. Thayer. 1998. Guidelines for the conservation and restoration of seagrasses in the United States and adjacent waters. NOAA ! 0 City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 14 Coastal Ocean Program Decision Analysis Series No. 12. NOAA Coastal Ocean Office, Silver Springs, MD. 222 pp. Goetz, Fred. Fishery Biologist, U.S. Army Corps of Engineers, Seattle District. Personal communication, e-mail to Dan Nickel (The Watershed Company), 14 May 2004. Gregory, R. S. 1994. The influence of ontogeny, perceived risk of predation, and visual ability on the foraging behavior of juvenile Chinook salmon. In Theory and application in fish feeding ecology. Edited by D.J. Stouder, K.L. Fresh, and R.J. Feller. The Belle W. Baruch Library in Marine Science Number 18. pp. 271-285. Kitano, J., D.I. Bolnick, D.A. Beauchamp, M.M. Mazur, S. Mori, T. Nakano, and C.L. Peichel. 2008. Reverse evolution of armor plates in threespine stickleback. Current Biology. 18: 1-6. Koehler, M., and D. Beauchamp. 2004. Early Feeding and Energetics of Lake -Rearing Chinook Salmon in Lake Washington. 2004 Greater Lake Washington Chinook Workshop, City of Seattle, Washington. 2 February 2004. Mazur, M.M., and D.A. Beauchamp. 2003. A comparison of visual prey detection among species of piscivorous salmonids: effects of light and low turbidities. Environmental Biology of Fishes. 67: 397-405. Mazur, M.M. and D.A. Beauchamp. 2006. Linking piscivory to spatial -temporal distributions of pelagic prey fish with a visual foraging model. Journal of Fish Biology 69 (1):151-175. National Marine Fisheries Service (NOAA Fisheries). 2003. Endangered Species Act — Section 7 Consultation, Biological Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Captain, new pier and bulkhead in Lake Washington, Mercer Island, Washington. NMFS Tracking No.: 2002/01000. National Marine Fisheries Service, Northwest Region, Washington Habitat Branch. 3 October 2003.24 pp. U.S. Federal Register Volume 70, No. 123, 28 June 2005, Final rule. Endangered and Threatened Species: Final listing determinations for 16 ESUs of West coast salmon, and final 4(d) protective regulations for threatened salmonid ESUs - Oncorhynchus tshawytscha. Volume 70, No. 170, 2 September 2005, Final rule. Endangered and Threatened Species; Designation of critical habitat for 12 evolutionarily significant units of west coast salmon and steelhead in Washington, Oregon, and Idaho - Oncorhynchus tshawytscha. City of Renton Lake Study Jerry and Mary Brennan 10 February 2010 Page 15 Volume 72, No. 91, 11 May 2007, Final rule. Endangered and Threatened Species: Final Listing Determination for Puget Sound Steelhead, Volume 71, No. 60, 29 March 2006, Proposed rule. Listing Endangered and Threatened Species and Designating Critical Habitat, 12 -Month finding on petition to list Puget Sound steelhead as an Endangered or Threatened species under the Endangered Species Act. Volume 70, No. 185, 26 September 2005, Final rule. Endangered and Threatened Wildlife and Plants; Designation of critical habitat for the bull trout. Volume 64, No. 210,1 November 1999, Final rule. Endangered and Threatened Wildlife and Plants; Determination of threatened status for bull trout (Salvelinus confluentus) in the coterminous United States. Volume 69, No. 73,15 April 2004, Notice of establishment of species of concern list. Endangered and Threatened Species; Establishment of species of concern list, addition of species to species of concern list, description of factors for identifying species of concern, and revision of candidate species list under the Endangered Species Act. Puget Sound/Strait of Georgia coho salmon (Oncorhynchus kisutch). Please call if you have any questions or if we can provide you with any additional information. Sincerely, Ryan Kahlo Ecologist The Watershed Company Dan Nickel Environmental Engineer The Watershed Company Li FI P, W a LL Ul 0 JERRY BRENNAN PIER PERMIT KENMORE RENTON iND VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204- r 1.8204" ewe LONG; 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. N 38TH ST 2. EXISTING SITE PLAN J� A� EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP N 37TH $T 405 N 36TH ST N 36TH ST N 35TH ST 2 z N 34TH ST a SITE � z a a $ t N 33RD PL 3 z N 33RD ST N 32ND ST N 32ND ST N 31 ST ST VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204- r 1.8204" ewe LONG; 122' 22' 19.1722" LEGAL DESCRIPTION: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7. 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. 12' DOCK: SECTION VIEW 11. CONSTRUCTION DETAILS LAKE MAP/NO SCALE ' PAGE 1 /11 APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; SITE ADD. 3405 LK WA BLVD N (D JERRY BRENNAN REBUILD A SMALL 6'x12' PIER; RENTON, WA 98056 3411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. Q MARILEE KARNOFSKI PURPOSE: PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 3401 ��LIIK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY e PAGE:1 OF 11 DATE: 02/04/2010 LOCAL TYUOF RIENTON DATUM: C.O.E. 00 EST. 1919 Allh MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKS®MARI NELLC.COM FAX: (425) 576-8669 mo my'"m` Ic ma w"m ffffw "` 0 0 (~ W � v r 0. G E ♦. j yam- �' a � �! • U y C � O LH. Cq,�. 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LAKE MAPlNO SCALE WD VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: P4anning DivlsiO FEB 19 "'Vio ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BCUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON M: f:11:1>i1.1 •I WA 1. N 38TH ST 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. N 37TH ST 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 405 N 36TH ST N 36TH ST N 35TH ST 2 � 2 N 34TH Sr SITE r Gr N 33RD PL a � � z w N 33RD ST 3 N 32ND ST N 32ND ST N 31ST ST VICINITY MAP/NO SCALE SEC: 31 -24N -05E LAT: 47' 31' 21.8204" EWE LONG: 122' 22' 19.1722" LEGAL DESCRIPTION: P4anning DivlsiO FEB 19 "'Vio ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BCUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED JANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, WASHINGTON, LYING IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON M: f:11:1>i1.1 •I WA 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED SITE PLAN 5. PROPOSED PLAN VIEW 6. 60' DOCK: PROPOSED TOP AND ELEVATION VIEW 7, 60' DOCK: PROPOSED PROFILE 8. 12' DOCK: PROPOSED TOP AND ELEVATION VIEW 9. 60' DOCK SECTION VIEW 10. 12' DOCK: SECTION VIEW 11. CONSTRUCTION DETAILS PAGE 1 /11 APPLICANT: JERRY BRENNAN ADJACENT OWNERS: PROPOSED: CONSTRUCT A NEW 60' PIER; SITE ADD. 3405 LK WA BLVD N Q JERRY BRENNAN REBUILD A SMALL 6'x12' PIER; RENTON, WA 98056 3411 LK WA BLVD N RELOCATE EXISTING JETSKI LIFT. (2) MARILEE KARNOFSKI PURPOSE: PROVIDE MOORAGE AND MAIL ADD. SAME AS ABOVE 3401 LK WA BLVD N MAINTAIN NATIVE VEGETATION INTEGRITY LOCAL JURISDICTION: a PAGE:1 OF 11 DATE: 02/24 201 D CITY OF RENTON DATUM: C.O.E. 0,0' EST. 1919 w MARINE RESTORATION & CONSTRUCTION LLC P.O. 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W6X15 GALVANIZED STEEL T BEAM 3'X6"X18" GALVANIZED STEEL SADDLE 1/2' THICK i n City of Mn.�°s�A�� ruing PAGE 9/11 M MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE (425) 576-8661 E—MAIL: DOCKS®MARINELI-C.COM " FAX: (425) 576-8669 m wM WT¢ w ' W'°'wmm "` PROPOSED TOP VIEW "A - A" PLASTIC THRU-FLOW NATE 2x4 NNLERS GRATING 2'-6' TO 3' ON FIRST 30' FROM SHORE 2x3 STEEL 1 ANGLE BRACKET 2'i A'X12' GLU-LAY BEAM ATTACHED TO EACH SADDLE USING 3/4' THROUGH BOLTS W6X15 GALVAIRED 3'X6'%16' GALVANIZED STEEL Y BEAM STEEL SADDLE 1/2' THICK MP.) 5/8' GALVANIZED STEEL PLATE NEW STEEL PILES A PROPOSED SECTION VIEW "A - A" B 1/2" =1' i n City of Mn.�°s�A�� ruing PAGE 9/11 M MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE (425) 576-8661 E—MAIL: DOCKS®MARINELI-C.COM " FAX: (425) 576-8669 m wM WT¢ w ' W'°'wmm "` 4"X8" STRINGER 5'-0" EX DOUGLAS Flit DECKING O.H.W. � 6"X8" CAP 4 z4" UNTREATED WOOD PILING EXISTING SECTION "B - B" S 1/2" = 1' 2't ABOVE OHWL NEW PLASTIC THRU-FLOW 4'718" STRINGER GRATED DECKING E i' ��•17" •� O.C. TYP. r T I r 4 I 2't ABOVE OWL • D.H.W. 'TT - 8'X8" CAP 210' !INTERMEDIATE B" STEEL PILE -------,STRINGER (iYP.) 4 -AS' STRRIGER (TIP.) PROPOSED SECTION "B - B" i!2- = 1' PAGE 10/11 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E --MAIL: DOCKSCMARINELLC.COM FAX: (425) 576-8669 mm �� E � ", mw � offru ff -1'x3' THRU—FLOW PANEL FASTENED AT 6 PLACES EA. THRU-FLOW GRA1 3 N.T.S. 3" MARINE GRADE SS SCREW 3/4" THROUGH BOLTS ON 3' f CENTERS—TYP. 1 PLASTIC THRU—FLOW GRATING 1-3X4 NAILER 1 /"'-3/4" GALVANIZED 5}g"X12" / CARRIAGE BOLT GLU—LAM AT EACH CONNECTION CONNECTION DETAIL 9 N.T.S. 3" MARINE GRADE SS SCREW 3/4"x 12" DRIFTPIN r (2) 3/4" THRU—BOLT A7DfNUT U6"x8"x12" \ U—CAHNNEL BRACKET PLASTIC THRU—FLOW GRATING �4"x6" STRINGER S "x8" CAP 1/2' THICK 3/16 V 6" STEEL PILE rff'� CONNECTION DETAIL '10 N.T.S. SIDE VIEW PAGE 11 /11 MARINE RESTORATION & CONSTRUCTION LLC �VwP.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E—MAIL: DOCKSGMARINELLC.COM FAX: (425) 576-8669 or 9� „,�„ 1-1 04---, Sod CL 14 N 700 �§R �Iw ¢ — IW Vol� �- gNIHSvm 3 z o HZ yoN 1 s _ Na o_ jos b� w I zN Hlot o .0Ilk l \ q-00 � I 1 Cit]/ lof Kanto Pianhing Divisior — JF- B 1 4 , -�j �i �� 0 . }f:� 0, Fly � f AvIk, a 0 C) co ca 1--0 co o0 I -y m m rn VL C O qt rr m F� m x 0 hal a: y cnox WZ �i eZ4 W Z x � ° NVNN386 �`.,s W S0*£� 3snOH -4 N Y (Q3lUf)G) dlU w Y ORO � G7 cD W- � Q qu o O C � w z cLJ Lr Cn nL� F V 0CL:r P�rl ppp� tj MD �,� ��� ,� `}R r"ter' '�, '•.,.~ = r!' ,.. 1j r HOHOd 03a3A0 s� U7 0 1 L� 7 N r� w_ ter— Z CL Lq w a_ O 0 ! —SS -- r W 0 o� Q U � U _ J X ` m 0ll :t � Z N Y] � C) O �..4 0 WATER SURFACE ELEVATION = 16.84(NAVD88) PROPED'� , EXIST. 12'}� 6' DOCK TOfBE RECONS RUCTEV AND M ED 3' TO DE PER WATER 2p• BRAT UFr LIFr EXIST. G����-�� —BOAT LIFT � �1 TO REMAIN REMOVE EXIST. BOAT LIFT I 010 tx 27 G "2 181AIXiC / r ` , �Igo 19 F � I -4"—y — EK. DOCK 0 BE REMOVED TANG BOARD o FOR DOCK ACCESS _TO REMAIN SR �pN 014A -a P I JOB SITEQ 1�2 2 0' �{�on TH E THE BRENNAN RESIDENCE i WATERSHED 3405 Lake Washington Blvd N �. COM P A NY Renton, WA 98056 750 Sbrth Sa ees South Do i Kirkland WA 98033 ��i ti p425.822,5242 [425.827.8136 0 40 so �� l� www.v4uershodco.com Science & Design SCALE.1'— 40' PAGE 1/3 MARINE RESTORATION 8c CONSTRUCTION LLC FAIL: P.O. BOX 884, Kirkland, WA 98083 - 0884 PHONE: (425) 576-8661 E—MAIL: PIERS@MARINELLC.COM FAX: (425) 576-8669.. SEWER LOCATION IS SCALED FROM SHEET 4 OF .� 6 CITY OF RENTON PUBLIC WORKS PROJECT S-442 Opo DATED 11-1986 IST.: 16' 1 E' i F GATING 0 Q T ARE OVED ' POCK' l� 1, 1 li i I 'ASHINGTON , PROPED'� , EXIST. 12'}� 6' DOCK TOfBE RECONS RUCTEV AND M ED 3' TO DE PER WATER 2p• BRAT UFr LIFr EXIST. G����-�� —BOAT LIFT � �1 TO REMAIN REMOVE EXIST. BOAT LIFT I 010 tx 27 G "2 181AIXiC / r ` , �Igo 19 F � I -4"—y — EK. DOCK 0 BE REMOVED TANG BOARD o FOR DOCK ACCESS _TO REMAIN SR �pN 014A -a P I JOB SITEQ 1�2 2 0' �{�on TH E THE BRENNAN RESIDENCE i WATERSHED 3405 Lake Washington Blvd N �. COM P A NY Renton, WA 98056 750 Sbrth Sa ees South Do i Kirkland WA 98033 ��i ti p425.822,5242 [425.827.8136 0 40 so �� l� www.v4uershodco.com Science & Design SCALE.1'— 40' PAGE 1/3 MARINE RESTORATION 8c CONSTRUCTION LLC FAIL: P.O. BOX 884, Kirkland, WA 98083 - 0884 PHONE: (425) 576-8661 E—MAIL: PIERS@MARINELLC.COM FAX: (425) 576-8669.. PLANTING DESIGN BY: TNI WATERSHED COMPANY 750 Sixth Street South Kirkland WA 98033 A 42S.822S242 f 4]5.827.8136 www.vvner3hodco.com Science & Design 0 9 EXISTING COTONEASTER SPECIES TO REMAIN PER OWNER, TYP. PLANT SCHEDULE PLANTING NOTES SITE PREP NOTES: • Existing concrete debris, concrete blocks, rocks over 3" in diameter and other trash encountered during planting (and only within the planting area) shall be removed, unless the removal would compromise the stability of the shoreline. • Naturally occurring woody debris, such as logs and large branches shall remain. Arty chemically treated or creosote covered woody material shall be removed. GENERAL PLANTING SEQUENCE: 1. Native plant Installation shall occur during frost -free periods only. Preferred months for installation are between September 15th and April 15, prior to hot, dry weather. Plants may only be installed during hot weather if the contractor or applicant agrees to immediate irrigation of the entire planting area, delivering at least 2' of water per week from June I st through September 15th. 2. Procure plants in legend. No substitutions are allowed w/ out acceptance from permit granting authorities. 3. Install plants per planting details on sheet 3 and water each plant thoroughly to remove air pockets. 4. Insall a 4' depth, coarse wood -chip mulch Payer In an I8" diameter circle around each installed plant, outside of Lake Washington Ordinary High Water Mark (OHWM) only. S. Install a temporary or permenant irrigation system capable of delivering 2' of water per week to the errtire planted area. Maintain irrigation system in working condition for at least two (2) summers after initial plant installation. 6. One after initial plant installation, apply oMMic, slow-release f"izer such as Osmoeote or Perfect Blend 4-4-4 to each plant outside of Lake Washington OHWM mark only. TREES PERENNAdS & FERNS awun,n srx i nLLnrrE�t rwmugi,wN.r� irx SOLNI�AF��NSfN.LAT � vee rwrti we.�uMrFsp coNnoN�wuK+ewe �srxov nes rmaNu� hrux noo�Fvw i cw i mAn nmwnf afiwwn Hemel srcan i rx No01®l5'M10H f�[M, MGtl�9ltl t1Rma M�vaVl, y SHRUBS rf's'eroN �o."'a"9 irx awr PeibTFr'IOIV CORFAilli011� FCS3 RAL r'OL'ISIIOiJH MUNfiVM IG1L CS 11®1'M000O1N000 M'6L4WN[!1® SNV�F6P/ /fes currewsNuioN 1�J iwu icx a wu GRD_k1NDCCUER hf�wxoosanovco�ar xrx F n,u. +•:rarrw�m�e wr.us mors iu iroc 1 06NJ?INY N9,.�Nq�f IWgVNIOL plFS WIGI1YJFlM xGAL F RAL. P>mT1MG COlONE�TfER r neo RCNF Wpd MNlj wa1 M.Nn� ® gra ra„INm a 0 0 20' 40' SCALE- I' = 20' PAGE 2/3 Pi NOTES: I. PLANT GROUNDCOVER AT SPECIFIED DISTANCE ON-CENTER(O.C,) USING TRIANGULAR SPACING, TYP. 2. LOOSEN SIDES AND BOTTOM OF PLANTING PIT AND REMOVE DEBRIS 3. LOOSEN ROOTBOUND PLANTS BEFORE INSTALLING 4. SOAK PIT BEFORE AND AFTER INSTALLING PLANT 0 4" DEEP SPECIFIED MULCH LAYER HOLD BACK FROM STEMS 2" HT. WATER BASIN; NATIVE SOIL OR MULCH SOIL AMENDMENTS AS SPECIFIED A NTS DCOVER & PERENNIAL PLANTING DETAIL NTS NOTES: 1. PLANTING PIT SHALL NOT BE LESS THAN (2) T1MES THE WIDTH OF THE ROOT BALL DIA. 2. LOOSEN SIDES AND BOTTOMS OF PLANTING PIT 3. SOAK PLANTING PIT AFTER PLANTING REMOVE FROM POT & ROUGH -UP ROOT BALL BEFORE INSTALLING. UNTANGLE AND STRAIGHTEN CIRCLING ROOTS - PRUNE IF NECESSARY. IF PLANT IS EXCEPTIONALLY ROOT -BOUND, DO NOT PLANT AND RETURN TO NURSERY FOR AN ACCEPTABLE ALTERNATIVE 4" MULCH LAYER - HOLD BACK MULCH FROM TRUNK/STEMS 3" MIN HT. WATER BASIN FINISH GRADE SLOW RELEASE GRANULAR FERTILIZER, OSMOCOTE OR APPROVED EQUIV_ (OUTSIDE OF O.H.W.M. ONLY) APPLIED ONE YEAR AFTER INITIAL PLANTING REMOVE DEBRIS AND LARGE ROCKS AND BACKFILL WITH NATIVE SOIL FIRM UP SOILAROUND PLANT 2X MIN DIA ROOTBALL TREE & SHRUB PLANTING DETAIL NR PLANTING DESIGN BY: T1IL WATERSHED CO'01'ANY 750 Sixth Street South Kirkland WA 98033 p 42S.8221242 ( 425,827.8136 Www.watershedco.com Science & Design PAGE 3/3 MAR NE RESTORATION & CONSTRUCTION LLC MAIL P.O. BOX 884, Kirkland, WA 98083 — 0884 E—MAIL: PIERS®MARiNELLC.COM * m a 6Wim!® lm i X60 IID MO MT= e: 7A ,tlhf Renton Issued by !-'laClnilia Divi�.i0li f F' ``''`` 14450 N.E. 29th PI., #200 LandAmerica Bellevue, WA 98007 -451-7301 Transnation ql ��r.c LU) hone: 800-441-7701 Fax: 425-646-0545 Transnation Title Insurance Company COMMITMENT FOR TITLF, INSURANCE Transnation Title Insurance company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its polity or policies of title insurance, as identified In Schedule A, in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or referred to In Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the Conditions o11 and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy or policies committed for have been inserted In Schedule A hereof by the Company, either at the time of the Issuance of this Commitment or by subsequent endorsement and Is subject to the Conditions and Stipulations. This Commitment is preliminary to the Issuance of such policy or policies of title Insurance and all liability and obligations hereunder shall cease and terminate 184 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Attest: Secretary Transnation Title Insurance Company r kilt INSil. (" r� By: l� 6(o 4 COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument President 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3_ Uabllity of the Company under this Commitment shall be only to the named proposed Insured and such parties Included under the definition of Insured in the form of policy or Policies committed for and only for actual loss Incurred in reliance hereon In undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or Interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated In Schedule A for the policy or policies committed for and such liability Is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4/03) E SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (€) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in toss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortaaoe becausg of the Inability or failiint of the ins, wvd.ar.rwr.of-pnucU_nr. thr!.L}Phlltvnc.failarr of aow_cuhsrorrQRtrayrret nf. ___.._, , the indebtedness, to comply with applicable doing business laws of the state in which the €and Is situated. S. Invaliusury or or unenfconsumer rc r credit of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer tred€t protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed in whole or In part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (a) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine or equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the Instrument of transfer; or (11) of such recordation to Impart notice to a purchaser for value or a judgment Or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressly excluded from the Coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use or enjoyment of the land; (fl) the character, dimensions or location of any Improvement now or hereafter erected on the land; (Ili) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, filen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Polity, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polity; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or treated subsequent to Date of Polity; or (e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the insured the estate or Interest insured by this polity, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on; (a) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or Interest insured by this polity being deemed a preferential transfer except where the Preferential transfer results from the failure; (1) to timely record the instrument of transfer; or (11) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10-22-03) In addition to the Exceptions in Schedule B, You are not insured against loss, Costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears In the Public Records at the Policy Date. This Exclusion does not limit the coverage described In Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: (a) a notice of exercising the right appears in the Public Records at the Polity Date; or (b) the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared In the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, BA, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or IS- CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the Coverage of this Policy and the Company will not pay loss or damage, rrx�{, �t'esror E�Lee<, Ah nyotRr e by reason OF; ll 1- (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; a (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date ofPolicy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Polity, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, tlens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the Insured mortgage or for the estate or Interest Insured by this policy. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability of failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land Is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth -In -lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest insured by this Policy or the transaction creating the Interest of the Insurec lender, by reason of the operation of federal bankruptcy, state Insolvency of similar creditors' rights laws. Commitment Cover - WA (Revised 4103) 0 0 SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown a$ existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such Proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be In possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. S. Any lien, or right to a lien, for tabor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, Including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which Is now or may formerly have been covered by water. 8. Any service, Installation, connection, maintenance or construction charges for sewer, water, electricityr or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records_ SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — EXTENDED COVERAGE assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or not1. Taxes or assessments which are not now payable Or which are not shown as existing liens by the records of any taxing authority that levies taxes or Proceedings, whether or root shown by the records of such agency or by the public records. ices of such 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) Indian treaty or aboriginal rights, Including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records_ 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or _.iaLy ar pbrtlont�i ttietidnuwrncnzsmuW-urTrieyO-rusnterryrrdvtturf=h-crrvEheu uy wdicr. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, Or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) No general exceptions appear In these policy forms. Commitment Cover - WA (Revised 4/03) 0 Order No.: RR -202-39786 LandAmerica 14450 N.E. 291h PI., #200 Bellevue, WA 98007 Transnation Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 SECOND COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 27, 2006 at 8:00 a.m. 2. Commitment No.: RR - 20239786 Policy or Policies to be issued: Owners Policy 10-17-92 General Schedule Rate (vacant land) Proposed Insured: Jerry Brennan Amount: Premium: Tax: Total: TO COME $ 0.00 $ 0.00 $ 0.00 ALTA Loan Policy - 1997 - Simultaneous Issue Proposed Insured: Amount: Premium: Tax: Total: To Be Determined TO COME $ 0.00 $ 0.00 $ 0.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Jerry Brennan, also appearing of record as Gerald F. Brennan and Mary E. Brennan, husband and wife 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company Authorized Si n ture Preliminary Commitment Page 1 0 0 Order No. RR - 20239786 EXHIBIT "A" PARCEL 1: ALL THAT CERTAIN PARCEL 2 AS SHOWN ON PLAT OF BOUNDARY SURVEY FOR JERRY BRENNAN RAILROAD LEASE ACQUISITION, RECORDED ]ANUARY 29, 1999 IN BOOK 127 OF SURVEYS AT PAGE 155, AS RECORDER'S CERTIFICATE NO. 9901299008, RECORDS OF KING COUNTY, LYING IN GOVERNMENT LOT 3 OF SECTION 31 IN TOWNSHIP 24 NORTH OF RANGE 5 EAST W.M__ FURTHER DESCRIBED FOR REFERENCE BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 01048'16" EAST 2455.27 FEET; THENCE NORTH 8811'44" WEST 41.34 FEET TO A BRASS DISK IN THE CENTERLINE OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 20004'48" WEST, ALONG SAID CENTERLINE OF LAKE WASHINGTON BOULEVARD, 405.39 FEET TO A BRASS DISK AND THE POINT OF CURVE TO THE RIGHT; THENCE ALONG'SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1602.25 FEET, THROUGH A CENTRAL ANGLE OF 04026'44" AN ARC LENGTH OF 124.32 FEET; THENCE NORTH 72018'09" WEST 186.95 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE; THENCE NORTH 24°57'59" EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 113.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 24°57'59" EAST, ALONG SAID SOUTHEASTERLY LINE OF MOUNTAIN VIEW AVENUE, A DISTANCE OF 95.77 FEET; THENCE SOUTH 72°18'09" EAST 103.98 FEET TO A POINT 25.0 FEET NORTHWESTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) SEATTLE BELT LINE MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED; THENCE SOUTH 20005'21" WEST, PARALLEL WITH SAID MAIN TRACK CENTERLINE, 89.04 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY, CONCENTRIC WITH AND 25.0 FEET NORTHWESTERLY, AS MEASURED RADIALLY, FROM SAID MAIN TRACK CENTERLINE AND ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1552.21 FEET, THROUGH A CENTRAL ANGLE OF 00013'23" AND AN ARC DISTANCE OF 6.04 FEET; THENCE NORTH 72018'09" WEST, 112.12 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 2: LOTS 17 AND 18 IN BLOCK "A" OF C.D. HILMANS LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, ON PAGE 63, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION OF LOT 19 IN SAID BLOCK "A" LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE NORTH 72035'00" WEST 60.86 FEET TO THE CENTER LINE OF SAID LOT A9; THENCE NORTH 90°00'00" WEST, ALONG SAID CENTER LINE, TO THE WEST LINE OF SAID LOT 19 AND THE TERMINUS OF SAID LINE; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. i SCHEDULE B Order No. RR - 20239786 REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: ■ A FEE OF $10.00, WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; ■ A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY; (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3124059075 YEAR BILLED 2006 PAID BALANCE $8,229.71 $4,114.86 $4,114.85 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $4,114.85 LEVY CODE: 2100 ASSESSED VALUE LAND: $645,000.00 ASSESSED VALUE IMPROVEMENTS: $43,000.00 (COVERS PARCEL 1) GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3342103656 YEAR BILLED PAID BALANCE 2006 $ 29.42 $29.42 $0 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0 LEVY CODE: 2100 ASSESSED VALUE LAND: $1,500 ASSESSED VALUE IMPROVEMENTS: $0 (COVERS PARCEL 2) Page 3 0 0 Order No. RR - 20239786 SCHEDULE B — continued 4. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 388916, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS-OF-WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. AFFECTS SHORELANDS. 5. SLOPES AND RESERVATION TO PURCHASE TIDELANDS FROM STATE OF WASHINGTON IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 287093. 6. REVERSIONARY RIGHTS OF LAKE WASHINGTON LAND CO. IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 292817. 7. EXCEPTIONS AND RESERVATIONS IMPOSED BY INSTRUMENT RECORDED ON JUNE 17, 1999, UNDER RECORDING NO. 19990617000618 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: JERRY BRENNAN, MARILEE E. KARNOFSKI, CYNTHIA B. MCMAHON, JAMES P. BRENNAN AND MARY T. BRENNAN PURPOSE: CONSTRUCT, MAINTAIN, AND REPLACE AN ACCESS ROADWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 28, 1999 RECORDING NO.: 19990628001966 EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED: JUNE 28, 1999 RECORDING NO.: 19990628001967 AND 19990628001968 REGARDING: CONSTRUCT AND MAINTAIN AN ACCESS ROADWAY 10. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SURVEY RECORDED UNDER RECORDING NO. 9712129001. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. it. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9901299008. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. Page 4 9 qprder No. RR - 20239786 SCHEDULE B - continued 12. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9904129002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 13. RIGHT OF THE UNITED STATES AND THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF LAKE WASHINGTON. 14, RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 15, ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 16. LOCATION OF THE LATERAL BOUNDARIES OF SECOND CLASS TIDELANDS AND SHORELANDS. 17, POSSIBLE REVERSIONARY RIGHTS OF PRESENT OR PREVIOUS OWNERS AND/OR RIGHTS OF ADJOINING PROPERTY OWNERS, DEPENDANT UPON THE INTENT AND/OR PURPOSE OF THE INSTRUMENT UNDER WHICH TITLE TO THE RIGHTS HEREIN DESCRIBED WERE CONVEYED. 18. ANY UNRECORDED PERMITS, LICENSES, EASEMENTS AND AGREEMENTS ENTERED INTO BY BURLINGTON NORTHERN RAILWAY COMPANY OR ITS PREDECESSORS IN INTEREST, PERTAINING TO THE USE OF THE RIGHT-OF-WAY BY OTHER PARTIES FOR WATER, SEWER AND ELECTRIC LINES, PRIVATE AND PUBLIC ROADS AND RAILROAD CROSSINGS. 19. RECHARACTERIZATION, OR CLAIM THEREOF, OF THE NATURE OF THE ESTATE OR INTEREST IN THE LAND HEREIN INSURED AS THE RESULT OF ANY ALLEGED AMBIGUITY IN THE CONVEYANCE LANGUAGE CONTAINED IN DEED RECORDED UNDER RECORDING NO,S. 83395, 166694, 287093 AND 292817. 20. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: JERRY BRENNAN AND MARY E. BRENNAN, HUSBAND AND WIFE FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY: BOEING EMPLOYEES CREDIT UNION ORIGINAL AMOUNT: $48,500.00 DATED: SEPTEMBER 7, 2000 RECORDED: SEPTEMBER 13, 2000 RECORDING NO.: 20000913000276 21. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. Page 5 9 Order No. RR - 20239786 SCHEDULE B — continued NOTE 1: THE COMPANY HAS BEEN ASKED TO ISSUE SIMULTANEOUS POLICIES WITHOUT DISCLOSURE OF THE LIABILITY AMOUNTS. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNTS OF THE OWNER'S AND LENDER'S POLICIES COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING OWNER'S POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 2: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD AGAINST THEIR NAMES. NOTE 3: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 3405 LAKE WASHINGTON BLVD N RENTON, WA 98065 NOTE 4: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT "TRANSNATiON TITLE INSURANCE COMPANY" MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 5: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65,04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PNT GOV LOT 3 31 -24N -SE AND LOTS 17-19, BLL A, CD HILLMANS LAKE WA GARDEN EDEN ADD #1 NOTE 6: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. NOTE 7: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. Page 6 *OrderNo. RR -20239786 SCHEDULE 8 -- continued (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. ADK/amh/rlr EnclosurPc! Sketch Vesting Deed Paragraphs all recorded encumbrances Page 7 THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY, REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION, SECTION: 31 TOWNSHIP: 24N RANGE: 05E i1/� ------awl------_-------�_ J. 2ND CL --_t-- _--------------------a-- / SH2RELANDS `-_ $ -- ---- --�--- _590_ S 12F' i r 2 10 1.36 ACr 3wo �, I 13200 5F "� r r 14 �3'1a / +�JJ ----------r f 517 y� r W74 r t. -,�(� � 26804 9F - r �. ; r � M f p8p9 -------------° 17 ° Pc 12 A is sasoo SF.- Y r ° 80 s 2Np CL --------------- `�102EB SHORELANDS - 20 sopa SF rr �, n f/pcl 3 anti° 6 3267 21 4 ---------AD 12744 S 2 seap'sF !r7 om s; 3BA J(3 3043# 1 2M to 23 ------ -�- F Ln 24 -6840 "- µ ti� Y +� tR 97MIA '�--rdq r ---- tia--- ZO rAc te+ ---------► r e7 to v% r i 1 17646 3-�41 27 6760 SF a1d 70.70�tn 28 3730- �,�° 20 3735 F 9.34AM q c �„�AAq �a 6330 SF , ,� >1D001 Dp� r 4r' 4 BB74# ° 6400 Printed: 02-19-2010 CITY OF PENTON 1055 S. Grady Way Menton, WA 98055 Land Use Actions RECEIPT Permit#: LUA10-011 Payment Made: 02/19/2010 10:27 AM Total Payment: 5,000.00 Current Payment Made to the Following Items: Receipt Number R1000799 Payee: MARY OR JERRY BRENNAN Trans ------ Account Code ------------------ Description -------------------------------- Amount 5009 000-345.81,00.0006 Conditional Use Fees ----------------- 2,000.00 5010 000.345.81.00.0007 Environmental Review 11000.00 5019 000.345.81.00.0016 Shoreline Subst Dev 2,000.00 Payments made for this receipt Trans ---------- Method Description -------- ----------------------------- Amount Payment Check 1533 --------------- 5,000.00 Account Balances Trans ------ Account Code ------------------ Description Balance Due 3021 303.000.00.345.85 ------------------------------- Park Mitigation Fee --------------- .00 5006 000.345.81.00.0002 Annexation Fees _00 5001 000.345.81..00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review _00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend _00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00