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HomeMy WebLinkAboutShort Plat File No 099-77STOP STOP STOP STOP © TOP! DOCUMENTS ONDER THIS NOTICE HAVE BEEN MICROFIULMED. DO NOT REMOVE NOTICE FROM FILE. NEW FILING SHOULD BE ADDED ON TOP OF NOTICE. PAGES REMOVED UNDER THE NOTICE FOR COPYING MUST BE RETURNED TO THE SAME PLACE UNDER THE NOTICE. o1 OP! STOP STOP STOP’ STOP . ee BEGINNING OF FILE MICROFILMED THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENTI, MAYOR @ LAND USE HEARING EXAMINER JAMES L. MAGSTADT, 235-2593 January 13, 1978 Mr. and Mrs. Dale Oster RE: File No. Short Plat 099-77 2300 N.E. 28th Street E-103-77, W-104-77 Renton, WA 98055 Dear Mr. and Mrs. Oster: This is to notify you that request for the referenced application was withdrawn by the applicant, R. J. Fenton, on January 6, 1978. No further action will be taken on the matter. TELL I STOW Ls SRR TANT ORT TET PARRA Psdenat L. Rick Beeler Hearing Examiner LRB:mp eG: City Cherk g Searing Sham. R. J. Fenton 11451 SE 89th Place Renton, Washington 98055 January 6, 1978 City of Renton Planning Dept. Municipal Building 200 Mill Avenue South Renton, Washington 98055 Attention: Gordon Y. Ericksen RE: File No. Short Plat 099-77 W-104-77, E-103-77 Gentlemen: I am withdrawing my request for reference two-lot short plat based on the decisions and requirements of the land use hearing examiner. Please forward the enclosed copies to City of Renton personnel as indicated below. Sincerely, VV LAs. R. J. /Fenton cc: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Work Director Ron Nelson, Building Division Larry Warren, City Attorney RECEIVED CITY OF RENTON HEARING EXAMINER JAN 1 11978 AM ; TB MBWIhVal 021304.5;56 of THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENTI, MAYOR @ LAND USE HEARING EXAMINER L. RICK BEELER, 235-2593 January 3, 1978 Mr. R. J. Fenton RE: File No. Short Plat 099-77 11451 S.E. 89th Place W-104-77, E-103-77 Renton, WA 98055 Dear Mr. Fenton: This is to confirm our telephone conversation today regarding receipt of the Examiner's Report and Recommendation on the referenced application dated December 21, 1977. Since you did not receive the report which was mailed on December 21, 1977, we are extending the appeal period for another fourteen days commencing from today. Expiration of the new appeal period will be on January 17, 1978. We extend our apologies for the delay and inconvenience. Sincerely, } i ep d © ~igwt C208 A gat , “Cos, Marilyn J, Petersen Hearing Administrative Assistant Attachment cc: Parties of Record & a AFFIDAVIT OF SERVICE BY MAILING State of Washington) ) County of King ) Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 21st day of December , 1977 +, affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. Wh wiles, XV Aa cc yy ' Fl 2 n Subscribed and sworn this =/ day of Wey on A oe F Lo 27 Notary Public in and for the State of Washington, residing at Renton Application, Petition or Case: R. J. Fenton, Short Plat 099-77, W-104-77 E-103-77 (The minutes contain a List of the parties of record) = rf December 21, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION, APPLICANT: R. J. Fenton FILE NO. Short Plat 099-77 W-104-77 E-103-77 LOCATION: Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a request for the waiver of certain off-site improvement requirements. SUMMARY OF ACTION: Planning Department Recommendation: Approval of short plat and exception subject to conditions; denial of waiver. Hearing Examiner Decision: Approval of short plat and waiver subject to conditions; denial of exception. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on December 6, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on December 13, 1977 at 10:40 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1 and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Short Plat Map Exhibit #4: Letter from Kenneth J. Oyler, Engineer, dated November 10, 1977, request for waiver of off-site improvements. Mr. Smith reported two revisions in Exhibit #1. In Item 0.1, Lot B is designated as 5.9 acres in size which Mr. Smith corrected to 4.7 acres. Also in Item P.2 approval by the Building Division was added to provide approval of proposed building locations prior to commencing clearing or grading on the site. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: R. J. Fenton 11451 S.E. 189th Place Renton, WA 98055 Mr. Fenton indicated noncurrence with certain items in the report. He reported that his purpose in requesting the short plat was to exclude the hillside area from the mortgage at the time of loan application. He objected to requirements in Item P.1 for provision of a fire hydrant because of the existence of a hydrant directly across the street from the pipestem lot and entered a photograph of the facility which was labeled Exhibit #5. Regarding requirements of the Utilities Division and Fire Department for an 8-inch water main across the full frontage of the subject site, Mr. Fenton asked for clarification from the Planning Department. Mr. Smith indicated that although the recommendation was unclear, he felt that from a realistic standpoint the water main would be required only along the frontage of the pipestem lot. Mr. Fenton agreed that a water main would not Lj ne . Pr Short Plat 099-77 Page Two W-104-77 E-103-77 be feasible on Lot B because the property would be unusable until the May Creek sewer is installed. He also reported that at the time of purchase of the property in August, 1977, an agreement for temporary water service existed between the previous owner and the city water department for the entire site, and since he desired to retain the property in two separate parcels, he had asked for cancellation of the permit which had not occurred to date. He submitted a title insurance policy which was labeled Exhibit #6 and the application for septic tank, labeled Exhibit #7. Regarding the request for waiver of off-site improvements, the applicant reported that because ditches or culverts are not provided along N.E. 28th Street under driveways the installation of curbs, gutters and sidewalks would create a problem for drainage and water runoff. He submitted a photograph depicting existing water runoff problems on N.E. 28th Street, which was labeled Exhibit #8. Mr. Fenton advised that off-site improvements had not been required in construction of other new homes in the area and objected to the recommendation imposed in his application. The Examiner asked for testimony in support of the application. There was no response. The Examiner asked for testimony in opposition to the application. Responding was: Dale Oster 2300 N.E. 28th Street Renton, WA 98055 Mr. Oster indicated his opposition to the request and inquired about the provision of water service to Lot A. The Examiner advised that the recommendation required the lines to be installed from N.E. 27th Street to N.E. 28th Street and extended to the pipestem area in the southern part of Lot A at the expense of the applicant. Mr. Oster inquired about city restrictions on installation of septic tanks in the subject area and noted that new homes on the south side of N.E. 28th Street have connected to a sewer line from N.E. 27th Street. Mr. Smith indicated that the subject homes were part of a plat which retained a sewer easement to N.E. 27th Street and that no moratorium currently existed on installation of septic tanks. The Examiner advised that approval by King County would be required for such installation on the subject property. In response to Mr. Oster's concern regarding the condition of the roadway and the proposed driveway, the Examiner advised that the ordinance required a minimum 10-foot paved driveway. Mr. Oster inquired about placement of the proposed structure, and the applicant reported plans to construct a home on the rear half of Lot A directly east and 20 feet from Mr. Oster's property line. Mr. Oster expressed concern regarding the proximity of the proposed home to the existing cliff on the property because of previous erosion due to removal of trees. The Examiner advised that the building location would be approved by the Planning and Building Departments which may require soils studies. The Examiner asked for further testimony in opposition to the request. Responding was: Rebecca Oster 2300 N.E. 28th Street Renton, WA 98055 Mrs. Oster reported low water pressure in the area and inquired about provision of water lines. The Examiner reiterated Utility Division recommendations for installation of an 8-inch water line to the property. The Examiner asked the applicant for final comments. Mr. Fenton advised that three homes owned by the King County Parks Department on the north side of the property were presently served by a 3-inch Renton Water District water line running through the subject property although no easement had been deeded for that purpose by the property owner. He also indicated that both King County and the Renton Water District had been contacted regarding this situation. It was agreed that the Examiner and the Planning Department would research the matter. Mr. Fenton objected to a requirement to blacktop the driveway and indicated preference for a gravel surface to properly design the driveway to facilitate retention of existing trees on the site. The Examiner advised that any variance from the requirements of the Subdivision Ordinance for driveway surface would be under the jurisdiction of the Board of Adjustment. Mr. Smith noted that the surfacing was required to eliminate mud and noise and felt the requirement was appropriate. In response to the Examiner's inquiry regarding the relationship of the terrain on Lot B to N.E. 28th Street, Mr. Fenton indicated that when N.E. 28th Street is extended access was possible to the existing three terraces on Lot B, but because of previous erosion, soils would be required to be tested prior to construction. Short Plat 099-77 Page Three W-104-77 E-103-77 The Examiner asked Mr. Fenton if problems with existing septic tanks in the area had occurred. Mr. Fenton indicated that no problems had occurred. In response to the Examiner's inquiries regarding proposals for restrictive covenants and survey of the property, Mr. Fenton indicated that covenants were not proposed and a survey has not yet been made. In response to other inquiries by the Examiner, Mr. Fenton reported that he was amenable to participation in an LID for future off-site improvements on N.E. 28th Street and that a permit for a septic tank would not be acquired until application for a building permit is made. In response to the Examiner's inquiry regarding revision to the Planning Department recommendation if N.E. 28th Street were extended, Mr. Smith indicated that according to strict interpretation of the ordinance, Lot B would have proper frontage on a public right-of-way without a pipestem lot which would not create as much effect on the future of the area. He noted that because of existing plateaus on Lot B it was questionable whether the area could be developed beyond the existing hillside with removal of vegetation creating additional erosion and problems in the May Creek area. The Examiner asked Mr. Smith if the Utilities Division and the Fire Department may not have been aware of the existing fire hydrant adjacent to the subject property. Mr. Smith indicated that the possibility exists since the hydrant seems proximate to the site. He noted that negative visual effects of an existing home in the area being built with used lumber should be reviewed by the Building Division because of its detrimental appearance in the neighborhood. Regarding the subject of driveway paving, Mr. Smith felt that a possibility exists to provide only one driveway to Lot A and noted that the Examiner has the authority to amend that requirement of the ordinance. He referred to Item 0.4 which reviews the possibility of applying for open space taxation relief for Lot B because of the physical unsuitability for building purposes on the site. He also indicated a recommendation for restrictive covenants on the development of Lot B to resolve extreme environmental problems and to impose requirements for sewers prior to development according to Section 9-1108.19. Mr. Fenton indicated his objection to requirements for restrictive covenants and noted that if application for a short plat had not been made covenants would not be required. Mr. Smith also recommended elimination of the pipestem configuration because of the existence of sufficient frontage on a public street on Lot B. Mr. Fenton questioned the effect of the revised recommendation for elimination of a pipestem lot on the acreage requirement for application for open space taxation, and Mr. Smith indicated that Lot B would be required to be measured to analyze the eligibility of the property for the tax relief. Discussion then ensued between the Examiner and Mr. Smith regarding possible revisions to the lot configuration, proposed access and easements on the site. Mr. Fenton reiterated his request for elimination of the requirement for blacktop surface on the driveway and felt that it would not contribute to the appearance of the property. The Examiner asked for further comments. Since there were none, the hearing on Item #Short Plat 099-77, W-104-77 and E-103-77 was closed by the Examiner at 11:35 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a two-lot short plat, waiver of off-site improvements and exception to the Subdivision Ordinance. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C., the proposal was determined by Gordon Y. Ericksen, responsible official, to be exempt from the threshold determination and E.I.S. process. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. All existing utilities are available and in close proximity. 6. The proposal is compatible with the required lot area requirements of Section 4-706 and 4-729 of Title IV, Ordinance No. 1628, Code of General Ordinances. 10. Ls 12. 13. 14. 15: 16. Ld. 18) 19. q Short Plat UYy9-77 Page Four W-104-77 E-103-77 Restrictive covenants were not proposed. (Section 9-1105.3.B) A survey has not been made of the property per Section 9-1106.3.H.(3). Off-site improvements have not been deferred per Section 9-1108.21. A septic tank is proposed for Lot A. On January 29, 1976, a septic tank permit (Exhibit #7) was approved by the King County Department of Public Health. The property was purchased by the applicant in 1977, and a new permit application has not been submitted to that department. (Section 9-1106.3.H. (4). Ownership has been documented in a copy of the title insurance policy, Exhibit #6, (Section 9-1106.3.H.(6)). No dedication of land is to occur (Section 9-1105.3.D and E). Access to the two lots is by two 30-foot pipestems of 120 feet in length. Lot A has no other access possibility to N.E. 28th Street. Lot B, on the other hand, abuts the N.E. 28th Street right-of-way east of the end of the existing street Pavement. The applicant testified that this alternative access is feasible depending upon extension of N.E. 28th Street. Section 4-706.(5).(c) requires a minimum lot width of 50 feet. N.E. 28th Street is a half-street with minimal improvements. The Engineering Design Division is able to establish the grade for improvement of the street. A fire hydrant, sewer line and 8-inch water line are located south and across N.E. 28th Street from the property. The connection to the recommended sewer line and 8-inch water line requires construction under the street and possibly an easement over private property. Lot B is predominantly a steep slope, but it contains three plateaus which may support single family residences. However, any development on this parcel would require severe restrictions which may render development infeasible. The applicant expressed concern about an alleged "illegal" water line running across the property. The matter was referred to the Utilities Division of the Public Works Department (see attached memorandum), and it was revealed that the water service was temporarily granted by the previous property owner to serve another property. A minimum of 5 acres is required for a current use taxation application. Lot B is approximately 4.7 acres. CONCLUSIONS : 1. The proposal conforms to the Comprehensive Plan, except that Lot B lies within the greenbelt designation of the Comprehensive Plan Land Use Map. Development at this time is proposed for Lot A, but the physical constraints of Lot B may preclude its development. All indications are that the map designation of greenbelt is appropriate for Lot B. Lot A contains approximately 37,026 square feet. One dwelling unit is proposed for this lot although approximately 4 units could be constructed on the lot if subdivided according to the 7200 square foot lot area of the G-7200 zoning district and using the pipestem area (60 feet) for a public street (50-foot minimum required). It appears that the applicant's proposed Lot A is in keeping with the character of the immediate neighborhood north of N.E. 28th Street. Most lots west of the site are lots considerably larger than 7200 square feet. Alternatives exist to the pipestem configuration. The pipestem area (60 feet wide) meets the minimum lot width (50 feet) requirement of G-7200 and 60-foot width of Section 9-1108.23.F.(c). If Lot A were to include all of the pipestem area, a pipestem would by definition not exist. Access from the 60-foot pipestem area would be for only one lot and access for additional lots would be through Lot B. This seems to conform to the intent of the applicant, which is development of Lot A with consideration of Lot B at some future date. Or the pipestem area could be dedicated as public right-of-way for a cul-de-sac for access to Lots A, B, and any other lots that might be created in the future. The required right-of-way of 50 feet can be accommodated in the 60-foot pipestem A Short Plat 099-77 Page Five W-104-77 E-103-77 area. To avoid impacting setbacks of adjacent residences the right-of-way can be manipulated within the 60-foot pipestem area. Relative to the requested exception to allow for pipestem lots, sufficient flexibility exists in the property configuration to avoid the exception without creating "...undue hardship..." (Section 9-1109.1) upon the applicant. More than adequate lot area exists and the pipestem area could accommodate a public street while providing enough area in Lot B to qualify for current use taxation. It was not asserted that without the exception the application would be deprived of the "...reasonable use or development..." (Section 9-1109.1.A) of the property, either Parcel A or Parcel B. In fact, such deprivation does not exist in this instances. The applicant did not contest that the exception was "necessary to insure such property the rights and privileges enjoyed..." (Section 9-1109.1.B) by adjacent or similar properties. No rights or privileges would be deprived without the exception. It is evident that the exception would "...not be detrimental to the public welfare or injurious to other property..." (Section 9-1109.1.C) either adjacent or in the vicinity. However, this would not alone constitute sufficient basis for approval of the exception, since the purpose, per Section 9-1109.1, is to address situations which may cause hardship to the applicant through strict application of the subdivision ordinance. The applicant can without "...undue hardship..." comply with the lot area, lot frontage and access requirements of the ordinance. For these reasons, the requested exception should be denied in lieu of pursuing other configurations of the short plat which would meet the requirements of the subdivision ordinance without unusual restrictions upon future subdivisions of the property. Section 9-1108.23.F.(2) requires that lots front a public street of 50 feet per Section 9-1108.23.A.(5). N.E. 28th Street does not meet this requirement. A 50-foot roadway within the pipestem area would satisfy this requirement and possibly preclude improvement of N.E. 28th Street by the applicant. The applicant appeared to disfavor the street as opposed to a private driveway within the pipestem area. The applicant proposes a low density development in a high density single family zone. In view of the physical constraints of the site this approach is appropriate. However, undue expense incurred in development may necessitate dividing the property into more lots. For this reason, the waiver of off-site improvements was apparently made. Off-site improvements required are street paving, curbs, gutters, sidewalks, sewer, water, storm sewers, and other utilities in N.E. 28th Street. Except for electricity and possibly gas, these improvements are either lacking or do not meet city standards. N.E. 24th Street is only a 30-foot right-of-way. Most, if not all, properties north of the street in the immediate area use septic tanks and nonconforming water lines. A fire hydrant is located immediately south of the site. If the applicant can secure an easement across the private property immediately south of the site, connection can be made to conforming existing sewer and water lines. This is "...within a reasonable distance..." (Section 9-1105.6.B) from the site. However, if the King County Department of Public Health approves a septic tank for the site, connection to the aforementioned sewer line is not necessary. Any water lines serving the property would be required to connect to an 8-inch line across the pipestem area which would connect to the aforementioned water line across the street. The property has a total of 450 feet of frontage on N.E. 28th Street of which only 60 feet fronts on the improved (paved) portion of the street. The existing right- of-way for the street was dedicated from the applicant's and others' properties north of the street. In view of the inadequate street width it seems that final design of street improvements would require the full street right-of-way. Otherwise the applicant might be required to place curbs within the existing pavement, thereby potentially preventing the existing two-way traffic. Since the applicant expressed agreement to participating in an LID, a covenant to this effect appears a reasonable and appropriate solution pending dedication of the complete right-of-way. : Short Plat 099-77 Page Six W-104-77 E-103-77 DECISION: Based upon the record, testimony, findings and conclusions it is the Examiner's decision to approve the short plat application for two lots subject to: l. Redesign of the short plat, Exhibit #3, to preclude the need for pipestem lots per Conclusions No. 3 and 5. The Planning and Public Works Departments are to approve the final design of the short plat for conformance with this condition. 2. Installation of an 8-inch water line and adequate sewer line (if a septic tank for Lot A is not approved by the King County Department of Public Health) along the 60-foot frontage of N.E. 28th Street and connecting to the existing 8-inch line on the south side of N.E. 28th Street; provided the necessary utility easements can be fairly and reasonably acquired. The Public Works Department is to assist the applicant in complying with this condition and approve the final design and construction. 3. Resolution by the applicant of the existing 3-inch water line running across his property. 4. All clearing and/or grading of the property is to occur only following approval of and according to requirements of the Planning Department. 5. Lot B is to be developed only after complete access, utility, and storm drainage requirements per city ordinances are not from N.E. 28th Street as approved by Planning and Public Works Departments. 6. Approval by the King County Department of Public Health of a septic tank for Lot A. Final approval of the septic tank by the Public Works Department. In the event that a septic tank is not approved, a sanitary sewer line is to be installed in the same manner as specified in Condition No. 2. 7. Approval of the storm drainage plan by the Public Works Department. 8. Compliance with all other requirements of applicable city ordinances. Furthermore, it is the decision of the Examiner to waive off-site improvements, except aS specified in the aforementioned conditions, subject to the applicant executing restrictive covenants stating agreement to participation on an equitable and fair share basis in an LID for installation of these off-site improvements. In addition, it is the Examiner's decision to disapprove the exception in lieu of the aforementioned Condition No. 1. ORDERED THIS 21st day of December, 1977. -, D L. Rick Beeler Land Use Hearing Examiner TRANSMITTED THIS 21st day of December, 1977 by Affidavit of Mailing to the parties of record: R. J. Fenton, 11451 S.E. 189th Place, Renton, WA 98055 Rebecca Oster, 2300 N.E. 28th Street, Renton, WA 98055 Dale Oster, 2300 N.E. 28th Street, Renton, WA 98055 TRANSMITTED THIS 21st day of December, 1977 to the following: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Larry Warren, City Attorney Short Plat 099-77 Page Seven W-104-77 E-103-77 Pursuant to Title IV, Section 3015 of the City's code, request for reconsideration must be filed in writing on or before January 4, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. , # oF Re e i Sn gam, THE CITY OF RENTON O N@h>r) 2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 4 aunt s CHARLES J. DELAURENTI, MAYOR @ LAND USE HEARING EXAMINER “A L. RICK BEELER. 235-2593 Wen septe™ December 15, 1977 TO: Utilities Division FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Property directly north of 2308 N.E. 28th Street; File No. Short Plat 099-77, R. J. Fenton At a public hearing on December 13, 1977 regarding a short plat for this property, the applicant asserted that the city knowingly has a 3-inch water line across his property without a legally consummated easement. The applicant stated that his opposition to this water line has received no response from the city. Evidently the line serves properties to the north owned by King County. This matter is not normally within my area of concern; however, in this instance it is relevant to the short plat application. Therefore, I need to ask for answers to these questions: l. Does in fact this water line exist? 2. Does in fact the applicant have rights to use the water line to serve a Single dwelling unit? 3. Does in fact a legally consummated utility easement exist for the water line? 4. Do any problems or objections exist in the applicant hooking up to the water line to serve a single dwelling unit? Since the public hearing has been closed, I will need answers in writing to these questions by December 22, 1977 in order to incorporate them into the decision due December 27, 1977. Thank you. "2 “~) As L. Rick Beeler ce: Gordon Y. Ericksen, Planning Director & December 21, 1977 Date TO: L. RICK BEELER, HEARING EXAMINER FROM : RON OLSEN, UTILITIES DIVISION SUBJECT : PROPERTY DIRECTLY NORTH OF 2308 NE 28th St. File No. Short Plat 099-77 R. J. Fenton The City does not have a 3" water line running North through the aforemen- tioned property. I think what the gentleman is referring to is a private water service to a residence in May Creek, address of 2405 N. 31st St. A few years ago a gentleman was granted a temporary water service and a meter was set in the Right-of-Way of NE 28th St. He stated that he had made arrangements with the owner at that time allowing him to run his temporary service across this property. The applicant does not have the right to connect into this temporary service. Water service is available in NE 28th St. for the proposed subdivision upon signing a temporary service agreement for said property. If you have any other questions, please contact this office. ) -—~ VIM " P / RLO:pmp RECEIVED CITY OF RENTON HEARING £5 MINER 0202 1977 AM PM F189 ed 34156 & iNT ER OF PTC E CORRESPONDENCE December 21, 1977 Date TO: L. RICK BEELER, HEARING EXAMINER FROM: RON OLSEN, UTILITIES DIVISION SUBJECT: PROPERTY DIRECTLY NORTH OF 2308 NE 28th St. File No. Short Plat 099-77 R. J. Fenton The City does not have a 3'' water line running North through the aforemen- tioned property. I think what the gentleman is referring to is a private water service to a residence in May Creek, address of 2405 N. 3lst St. A few years ago a gentleman was granted a temporary water service and a meter was set in the Right-of-Way of NE 28th St. He stated that he had made arrangements with the owner at that time allowing him to run his temporary service across this property. The applicant does not have the right to connect into this temporary service. Water service is available in NE 28th St. for the proposed subdivision upon signing a temporary service agreement for said property. If you have any other questions, please contact this office. Cm RLO : pmp RECEIVED CITY OF RENTON HEARING EXAMINER DEC2 11977 AM W890 021 213,415.6 4 ’ THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENTI , MAYOR @ LAND USE HEARING EXAMINER L. RICK BEELER, 235-2593 December 15, 1977 MEMORANDUM TO: Utilities Division FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Property directly north of 2308 N.E. 28th Street; File No. Short Plat 099-77, R. J. Fenton At a public hearing on December 13, 1977 regarding a short plat for this property, the applicant asserted that the city knowingly has a 3-inch water line across his property without a legally consummated easement. The applicant stated that his opposition to this water line has received no response from the city. Evidently the line serves properties to the north owned by King County. This matter is not normally within my area of concern; however, in this instance it is relevant to the short plat application. Therefore, I need to ask for answers to these questions: 1. Does in fact this water line exist? 2. Does in fact the applicant have rights to use the water line to serve a single dwelling unit? 3. Does in fact a legally consummated utility easement exist for the water line? 4. Do any problems or objections exist in the applicant hooking up to the water line to serve a single dwelling unit? Since the public hearing has been closed, I will need answers in writing to these questions by December 22, 1977 in order to incorporate them into the decision due December 27, 1977. Thank you. —2D aS ‘ L. Rick Beeler cc: Gordon Y. Ericksen, Planning Director WASHINGTON LAND TETLE ASSOCIATION FORM NO WAR torn AND ALASKA STANDARD FC Conn mmemereenc we nF Policy of Tithe Insurance Issued by Transamerica Title Insurance Company hereinafter called the Company, a California corporation, for valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or persons named in item 1 of Schedule A, together with the persons and corporations in- cluded in the definition of “the insured” as set forth in the conditions and stipulations, against loss or damage sustained by reason of: 1. Title to the estate, lien or interest defined in items 3 and. 4 of Schedule A being vested, at the date hereof, otherwise than as stated in item 2 of Schedule A; or 2. Any defect in, or lien or encumbrance on, said title existing at the date here- of, not shown in Schedule B; or 3. Any defect in the execution of any instrument shown in item 3 of Schedule A, or priority, at the date hereof, over any such instrument, of any lien or encum- brance not shown in Schedule B; provided, however, the Company shall not be liable for any loss, damage or expense re- sulting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred by the Company as an incident to defense or settlement of claims hereunder. In witness whereof, THE COMPANY has caused this policy to be authenticated by the facsimile signature of its President, and its Secretary. RECEIVED Transamerica Title Insurance Company CITY OF RENTON HEARING EXAMINER ZA DEC 131977 FA —— ow AM PM _ FA “on OfuOre —_ President VS Dil Mls 1121314556 a Be Ae On S Le in hen — f EXHIBIT NO._4 ¢/ ITEM NO. &.4. 277-27 W-/0¢-77, F+703-77 ta y AKCRERK AND WLIA POLICY _ SCHEDULE A No. 426195 Amount $ Date September 27, 1977 at 8:30 A.M. Premium ¥ 1. Insured R. J. FENTON and BILLIE C. FENTON, his wife 2. Title to the estate, Jien or interest insured by this policy is vested in The Named Insured 3. Estate, lien or interest insured Fee Simple Estate 4. Description of the real estate with respect to which this policy is issued See Attached Hereto. Form No. W&AK 4000-1 10,000.00 81.50 (IPT) July 11, 1977 Order No. 426195 DESCRIPTION PARCEY "A" Lot 369 of C. D. Hillman's Lake Washington Garden of Eden Division No. 6, as per plat recorded in Volume 11 of Plats, on page 84, records of King County, Washington, EXCEPT the South 120 feet of the West 50 feet, AND EXCEPT beginning on the South line 390 feet West of the East line of Section 32, Township 24 North, Range 5 East, W. M.; thence West 80 feet; = thence North 120 feet; thence East 64.59 feet; thence South 38°09'49" East 24.47 feet; thence South 100.88 feet to beginning; EXCEPT beginning Southwest corner in Section 33, Township 24 North, Range |5 Fast, W. M.; thenca East along the South line thereof 411.31 feet to the Southwesterly line af County Road; ; - thence North 34°11'57" West 353.82 feet along the Easterly line of Lot 369; thence South 39°08'55" West 355.56 feet along the Southeasterly line of trans line easement to the West line of said section; thence South 01°08'23" West 19.92 feet to beginning; EXCEPT portion of said lot in the Southwest corner of Section 33, Township 24 North, Range 5 East, W. M., lying Northerly of C of S transline easement; EXCEPT all coal and minerals and the right to explore for and mine the same. PARCEL "B" The East 40 feet of Lot 362 of C. D. Hillman's Lake Washington Garden of Eden Division No. 6, as per plat recorded in Volume 11 of Plats, on page 84, records of King County, Washington; EXCEPT the South 120 feet; ; AND EXCEPT all coal and minerals and the right to explore for and mine the same. i ALL situate in the County of King, State of Washington. VETRAWEASHING TON POLIEY Form No. W/ 4000-2. (1PT) SCHEDULE B Defects, liens, encumbrances and other matters against which the company does not insure: GENERAL EXCEPTIONS 1, Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material of labor liens or liens under the Workmen’s Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage removal. 2. Exceptions and reservations in United States Patents: right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by Jaw or governmental regulation with respect to subdivision, use enjoyment or occupancy; 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; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not how payable; matters relating to special assessments and special levies, if any, preceding the same be- coming a lien. - 4. “Consumer credit |protection,” “truth-in-lending,” or similar law, or the failure to comply with said law or laws. Special exceptions des EASEMENT, |AND THE TERMS & CONDITIONS THEREOF: Grantee: ; City of Seattle, a municipal corporation; Purpose: Transmission line; Area Affected: The description contained therein is not sufficient to determine its exact location within the property herein described; Auditor's File No: 2490115 = (Affects portion of Parcel A) va EASEMENT, |AND THE TERMS & CONDITIONS THEREOF; Grantee: Puget Sound Power and Light Co., a 7 Massachusetts corporation; . Purpose: Transmission and distribution line; Area Affected: Along pole line as located and staked; Auditor's] File No: 4329039 (Affects Parcel A) | oi | UNDERGROUND UTILITY EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: Grantee: The Pacific Telephone and Telegraph Company, a corporation; Purpose: Underground communication circuits; Area.Affected: The Westerly ten (10) feet of that portion Of Tract 369; Auditor's File No: 5253884 Contains |covenant prohibiting structures over said easement or other activity |which might endanger the underground system. (Affects Parcel A) @ hate datrmeiceblde nh ch Sa memaenstea me aaeeroaons Purpose: EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: City of Renton, a municipal corporation of the State of Washington; Sewage pipe lines; Grantee: Area Afflected: 10 feet in width over a portion of Tract 369; Auditor'ls File No: 5947086 (Affects Parcel A) AGREEMENT FOR TEMPORARY WATER SERVICE PERMIT AND THE TERMS AND CONDITIONS THEREOF Between? Cames R. Peterson; Renton Water Department; And: Dated: January 21, 1976 Recorded: March 25, 1976 Recording No: 7603250653 Owner agrees, in consideration of a temporary water service permit, not to |protest permanent water main construction to serve Said property, or any jassessment therefor. Pei k ont Poitiers etme! sea Os a PAU hie PNR Lic Eppa nenksdh dr damtcerene lean sbtemartate roth oe hid “WOMNEOWNER S ADDITIONAL PROTECTION INDORSEMENT rt Wabinceunasaenuns Rosser ns Attached to Policy No. Issued By Transamerica Iitle Insurance Company ment shall be effective only if at Date of policy there is located on the land described in said o-four family residential structure, in which the Insured Owner resides or intends to reside. For of this Indorsement the term "residential structure" is defined as including the principal dwell- e located on said land and all improvements thereon related to residential use of the property, ings of any nature and except perimeter fences and perimeter walls. hereby insures the Insured Owner of the estate or interest described in Schedule A against loss sured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: lack of a right of access from said land to a public street; any taxes or assessments (excluding utility connection and service charges ) levied by a public authority against the estate or interest insured which constitute liens thereon and are not shown as exceptions in Schedule B of said Policy; any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed at Date of Policy, except a work of improvement for which said Insured Owner has agreed to be responsible; he enforced removal of said residential structure or interference with the use thereof for ordinary esidential purposes based upon the existence at Date of Policy of: 1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation of any enforceable covenants, conditions or restrictions affecting said land and shown in Schedule B; (3) any violation of applicable zoning ordinances, but this Indorsement does not insure compliance with, nor is it in any way concerned with, building codes or other exercise of governmental police power; damage to said residential structure resulting from the exercise of any right to use the surface of said lend for the extraction or development of minerals, if minerals are excepted from the description of said land or shown as an exception or reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the} aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Transameriea litle Insurance Comnany President Seowre biden rear erecta PN STE PT AE OI waco nope ine ee - rane ; i Pf -_ ei SS TN PORTO FRO PEC AION POO KRSEivciWd Attached to Policy Mo. Issued By Transameriea Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Ovmer named in the Policy to which this Indorsement is attached, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Depart- ment of Commerce Composite Construction Cost Index (base period 1967) for the month of September inmedi- ately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no anmial adjustment in the amount of insurance for years in which there is no increase in said Contruction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Com- pany of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this indorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this Policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Indorsement jis made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Transamerica fitle Insurance Company bo oy onPpy>, Bg By Py, Af a: igs ) ‘ ; : 4 ¢ fe OB12n f 7 i, atthe’ | President NOTE: In connection with any renewal policy subsequently issued on said land, the renewal rate (if applicable at all) will be allowed based only upon the original face amount of insurance as stated in Schedule A of said Policy. m/N Tradnncamant Form No. W&AK T/A-1 POET TE eT rye a ann Ber sienrinietibeidsiheanhssticbiabanniian teh eCon ag er 7 tes 6 CSS Ra ct 8) a en i Gz Drawn by Checked Dace Pint vol! pctLI47_oeaes No._/ LOIS |\ SKETCH OF PROPERTY SETI OUT IN ATTACHED ORDER To assist in Jocating the premises. It id not based ona survey, and the company assumes no liability for variations. if any, in dimensions and Jocation. | WN a) OD SSA (€36+66.8 ABO+3O4 RY. ( ABANDONED) S. ADP 41 &. ee ee 63 AG Gh a cory LIMtTS ohKP 1-4 VENTOW er PPENTON Garry LgryiTs OR RR 9 te ey TR Y | i 1 ! | | | ber > | SOK ; A | | 1 5 ad F ne a % Leacen' bem se te S \y Ss, — : EN. j i Born A Soames I. r—D fe j > A = bebe ~ =< < rs TaN 22S 6TH ST on Gant Oe, 132319 ae iti ; “Gy OF RENTON EXHIBIT NO. 7 HEARING EXAMINER 2. 1LE"INING GOUNTY DEPARTMENT OF PU HEALTH 060131977 \ DIVISION OF ENVIRONMENTAL HEALTH SERVICEB, VI NO. KL 222-27 - P ROOM 904, PUBLIC SAFETY BUILDING E-/03-77 om 9,10, Wil2s1 123s 4:5.$1TE APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM -soy- e7 ast nia, in Quadruplicate) (This accompanies the building permit application and is prerequisite to the issuance of the Individual Sewage Disposal System Permit.) NOTE: If the property is within the boundaries of an operating sewer district or other sewering authority, it will be neces- sary to obtain written permission from that authority allowing use of an individual sewage disposal system. Location of Property—Street Address 2312 N.E. 28th Addition or Subdivision _See Flan Sheet Lot Block (Or attach legal description) Type of Building: New [x Single Family Residence [X’ (No. Bedrooms ____3___) Existing [7] Other [% (Specify, Rambler North End 1600 N.E. 150th 98155 363-4765 Eastside 15607 N.E. Bellevue-Redmond Road, Bellevue 98004 885-1278 or 747-1760 Southeast 3001 N.E. 4th Street, Renton 98055 228-2620 Southwest 10821 8th S.W. 98146 244-6400 Central 2120 1st North 98109 583-4440 Street Address Owned im Peterson City-Zip CodQ8031 Phone 631=5393 Street Address Builder Same City-Zip Code Phone Street Address Designer_ Richard E,. Stuth City-Zip Code_ 98055 Phone_22 8=404.4 Soil Log Tests (Describe soils encountered preferably by FHA’s uniform soil classification system.) Minimum depth 48 inches. Hole No. 10". to 48" SP (poorly graded medium sands) Hole No. 2 Same As #1 Hole No. 3 Hole No. 4 Evidence of Water Table, if encountered. (Distance from ground: surface) None SA Source of Domestic Water Supply City of Renton NR Percolation Tests (Fall in minutes per inch, bottom 6 inches of test hole) Iwo (design rate) NG Depth Average Rate Length of Time Soaked | ste te, 1 36 . 1.4 No soaking neede with SP 5 Bye) Coc soils. “S Hole No. 2 cit a —36 ne & NG Hole No. 3 Ni Hole No. 4 Ley Hole No. 5 \ Hole No. 6 i (For additional remarks or comments attach letter in triplicate or utilize unused spaces around drawing on reverse side of application.) N\ are 4 x he Signature—Designer. ‘S Ad, pe Date2© Janes 1975 : ‘“ DO NOT WRITE BELOW THIS LINE. (To be filled in by Via Department) (District Office Use) » _ 4 gaa p, f ‘ Accepted [4 C29 Mf LEE WA. KGnm— i 1A h Not Accepted [ | (Date) (District Sanitarian) ~ S-AP-118 Rev. 8-10-67 CSS 13.15.2 KENNETH J.OYLER CIVIL ENGINEER & LAND SURVEYOR P.O. Box 2258 ¢ Renton, Wa 98055 255-5050 Nove 10, 1977 Renton Planning Comnission aenton, Wash, nef: Proposed Short plat for hk. J. Fenton Waiver of Off-Site improvemcnts and mxception to pleibin; requirements due to pipe stem lots This short plat is situated at the end of a dend-end stract wich out improvements, the nearest being about a auarter o! 3 Pd 3 roaomile away, at Aberdeen Ave. N.E. and N. BR. 27th St. Tn order to develope ows fad lots, pipe stems 120 feet Lony and 39 fa i wide requested that a waiver be sranted for the Tppre £ be considered for the pipe-stens. Kenneth ds (5 peg are necessary. it is re EUbLS Am! exceptfi eres RECEIVED CITY OF RENTON HEARING EXAMINER DEC 1 31977 PM FSn Dl 3112, 7 1253,415.6 & EXHIBi?T NO. 7 ITEM NO. 4.409777 E-/03-77 W-/04-77 a. RECEIVED CITY OF RENTON HEARING EXAMINER VEC1 31977 AM PM PLANNING DEPARTMENT 781 9el0e M1212 1213141516 PRELIMINARY REPORT TO HEARING EXAMINER 4 PUBLIC HEARING my oe DECEMBER 13, 1977 TON HIBIT NO / APPLICANT: R. J. FENTON ITEM NO, 2.4 0.0¢% 29 Wy soef9- FILE NO.: 099-77; SHORT PLAT, W-104-77; WAIVER OF OFF-SITE hia FF IMPROVEMENTS, AND E-103-77; EXCEPTION TO THE SUB- DIVISION ORDINANCE A. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a i hope for the waiver of certain off-site improvement requirements. B. GENERAL INFORMATION: 1. Owner of Record: BILLIE C. FENTON 2. Applicant: R. J. FENTON 3. Location: Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. 4. Legal Description: A detailed legal description is available on file in the Renton Planning Department. 5. Size of Property: Approximately 5.7 acres. 6. Access: Via N.E. 28th Street 7. Existing Zoning: G-7200; General Classification District Single Family Residential. f 8. Existing Zoning -7200; General Cl@&ssification District, in the Area: ~ G P-1; Public Use District, G; General Classification District, and GS-1; General Classification District. 9. Comprehensive Single Family Residential and Greenbelt. Land Use Plan: 10. Notification: The applicant was notified in writing of the hearing date, Notice was properly published in the Record-Chronicle and posted in three places on or near the site as required by City ordinance. Notice was distributed to the surrounding property owners. C. PURPOSE OF REQUEST: To subdivide the property and to allow for construction of two single family residential structures. D. HISTORY/BACKGROUND: The subject site was annexed to the City of Renton on May 26, 1960 by Ordinance No. 1828. The subject site is directly above the May Creek ravine area and is adjacent to properties proposed to be a portion of the King County May Creek Park. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE TWO RE: R. d. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE E. PHYSICAL BACKGROUND: 1. Topography: The majority of proposed Parcel 'A' is relatively level except for the northeasterly corner which drops off steeply into the May Creek ravine area. Proposed Parcel 'B' is mostly steep hillside area with a slope averaging approxi- mately 50%. The steepness of the majority of the subject site makes future development on the site and in tne area extrenely difficult. 2. Soils: Indianola loamy fine sand (InC). Permeability is rapid, available water capacity is moderate, run-off is slow to medium, and erosion hazard is slight to moderate. Septic tank drain field suitability is slight and moderate. If slope is more than 8%, could be possible pollution hazard. This soil is used for timber and for urban development. The steep hillside areas of the subject site consists of Alderwood and Kitsap soils (AkF), drainage and permeability vary, run-off is rapid to very rapid and the erosion hazard is severe to very severe, the slippage potential is severe. The suitability for septic drain fields is severe due to the extreme slope. These soils are usually used for timber. 3. Vegetation: The majority of the site is steep slope and is in a natural heavy northwest woodland character. 4. Wildlife: The existing vegetation of the site may provide for some habitat for birds and small mammals native to the area as well as certain other animals such as deer, racoon and other woodland type animals. 5. Water: No surface water or streams are apparent on the subject site, however, the site is directly above the existing May Creek area. All drainage would naturally flow down the ravine towards fay Creek. 6. Land Use: Existing single family residences are located on either side of the proposed pipestem to Parcels ‘A' and 'B'. Other single family residences are located on both north and south side of N.E. 28th Street. Recently, homes have been constructed on the south side of N.E. 28th Street directly south of the subject site as a result of previously approved short plat. The area north of the subject site is within the May Creek ravine area and is generally undeveloped wooded property together with sparcely developed single family residential uses. F. NEIGHBORHOOD CHARACTERISTICS: The site is within an area of single family residential homes which are located on the edge of the area consisting of the May Creek ravine and stream which are heavily wooded and are in a relatively natural condition. Much of this area is undevelopable due to slope conditions, flooding, and lack of sanitary sewers and access. G. PUBLIC SERVICES: 1. Water and Sewer: An existing water main approximately three inches or smaller is located along N.E. 28th Street, An existing 8" sanitary sewer is located along N.E. 27th Street approximately 400 feet south of the subject site. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE THREE RE: R. J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE 2. Fire Protection: Provided by the Renton Fire Department and subject to City of Renton Ordinance requirements, See attached Fire Department comments, 3. Transit: Metro Transit Route 42 operates along N,E, 27th Street approximately 400 feet south of the subject site. 4. Schools: Kennydale Elementary School is located approximately one-quarter mile west of the subject site. McKnight Junior High School is located approximately one mile south of the subject site and Hazen High School is located approximately three miles south and east of the subject site. 5. Parks: The subject site is directly adjacent and south of the pro- posed King County May Creek Park. Kennydale Lions Park is located approximately one-half mile south and west of the subject site. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-729; G, General Classification District. 2. Section 4-706; R-1, Residence Single Family. I. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: 1. Renton Subdivision Urdinance: (a) Section 9-1105, Plat Requirements for Short Subdivisions (b) Section 9-1108, Plat Improvements and Development Standards (c) Section 9-1109, Exceptions 2. Land Use Report, 1965, Residential, page 11 and Objectives, pages 17 and 18. 3. Policy Statement, Comprehensive Plan, Renton Urban Area, 1965. 4. Subdivision of Land, pages 5 and 6. J. IMPACTS ON NATURAL SYSTEMS: The proposed plat will allow for low density residential development. The primary impacts of this development are related to impacts on the existing steep wooded hillside areas and the effects from the proposed septic tank drainfields on water quality within the May Creek basin. K. SOCIAL IMPACTS: Relatively minor. L. ENVIRONMENTAL ASSESSMENT/THRESHOLD: Pursuant to the City of Renton's Environmental Ordinance and State Environmental Policy Act of 1971 as amended (RCW 43.21C), this project is exempt from the Threshold Determination and Environmental Impact Statement process. M. ADDITIONAL INFORMATION: A vicinity map and site map are attached. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FOUR RE: J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE N. AGENCIES/DEPARTMENTS CONTACTED: NO O N WP - H King County Parks Department King County Health Department City of Renton Utilities Division City of Renton Traffic Engineering Division City of Renton Engineering Division City of Renton Fire Department City of Renton Building Division Copies of certain memoranda are attached. O. PLANNING DEPARTMENT ANALYSIS: 1. The proposal is consistent with the minimum lot size of the G-7200 zone, (7200 square feet minimum lot size). Proposed Lot 'A' = .85 acres; Lot 'B' = 5,9 acres. Although a majority of Lot 'A' is relatively level, Lot ‘B' consists almost entirely of wooded steep slopes. This con- dition creates serious problems for safe and suitable develop- ment, and hinders the proper functioning of septic tank drainfields. The portion of the Comprehensive Plan, Land Use Report, 1965, dealing with residential development (page 11) states that "The successful utilization of land for low density resi- dential development will depend on the availability of easily accessible areas which are relatively free of recurring or potential hazards such as floods, slides, and land subsidence. The sloped conditions and soils on Parcel 'B' appear to warrant consideration in this case. Although the proposed pipestem lots are not unacceptable as indicated it appears that given the abovementioned conditions Lot 'B' is highly questionable as an appropriate building site. Any structure constructed on this parcel would require a 20 foot front yard setback from the rear line of the adjacent property to the south. This would place the structure over the brink of the steep hillside. However, if the applicant merely wishes to segregate the unusable portions of the property from the usable, an alternative would be to apply for current use (open space) taxation. Lot ‘A' appears to be physically suitable for a building site. The existing 60 foot width along N.E. 28th Street is suitable for a standard 50 foot residential street. However, because of the existing topographical con- ditions Section 9-1109 A., B., and C. would apply to the exception request. N.E. 28th Street is an existing partially improved right-of-way, which consists of a total 30 feet in width. The improved portion of the roadway terminated approximately 100 feet east of the proposed easterly pipestem. However, the right-of-way extends over the brink of the steep hillside to the section corner. This street would generally be considered a half-street according to present subdivision standards. The applicant proposes septic tanks in-lieu-of connection to the existing sanitary sewer within N.E. 27th Street approximately 400 feet south of the subject site. The property along the south side of N.E. 28th Street directly south of the subject site was subdivided, and has connected to the existing sewer, water, and storm sewer within N.E. 27th Street (Section 9-1108.14.A.) an easement across private property would need to be procured, or an extension from Aberdeen Avenue N.E. and N.E. 27th Street provided. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FIVE RE: R. J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE 7. The existing water line within N.E. 28th Street is three inches or smaller. This is inadequate for new residential construction and according to the requirements of the Utilities Division and Fire Department would require upgrading to an eight inch main across the full frontage of the subject site together with the provision of a fire hydrant. 8. The preliminary soils report indicates that there may be problems related to septic tank suitability on the steep Slopes. This would be particularly critical for Lot 'B'. The Building Division has indicated a need to provide a preliminary septic tank approval from King County Health Department. 9. Off-site improvements do not exist along N.E. 28th Street. However, recent City Council policy has been to install such improvements whenever possible. The Engineering Design Division has indicated that it is possible to establish grade and install these improvements, and has so recommended. P. PLANNING DEPARTMENT RECOMMENDATIONS: Recommend approval of the proposed short plat and exception based On the above analysis subject to; 1. Provision of proper utilities and fire hydrant per Public Works Department, Fire Department, and ordinance requirements. 2. Planning Department approval of proposed building locations prior to commencing clearing or grading on the site. 3. Conformance with all other subdivision ordinances, building codes, and Health Department requirements. The request for waiver of off-site improvements is denied per the Engineering Division's recommendation and the requirements of Section 9-1105.6.B. These requirements must be provided prior to filing the short plat (Section 9-1105.7 and .8) ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED wel? PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL RT fAu7DV wv HORT PAD SPECIAL PERMIT WA SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND RETURN TO THE PLANNING DEPARTMENT WITH) ANY YOU MIGHT HAVE, serore ///2d/o7 TN WRITING SIGNATURE OR INITA DEPARTMENT APPROVAL. DENIAL DATE Curt orNe ” al JE23-7) CE CURAFFIC ENG a 12/2/77 ade ENGINEERED _ i )) Leaf 7? CFire a (Q-G."77 HEALTH _ = Cunuses.) == _ yoyo REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: st een SEPT Ic. FA PPACVAL Rey. seaen : SE REQ OD 1) yo Fe. 4 St FPG PRS a la 2A (rR ALE ers ( A TAESE PLEASE SIGN THE E.I.W ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED ufrsfe7 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION Ki. Fswa) WANE OF OFFSITE jt OWN BOTS ae a IN WweITIWE - SIGNATURE 29 eit DEPARTMENT APPROVAL DENIAL __DATE urLoing? = Al 332-9) 7 sont are _ £&e 77 ENciNeE RNa Se y1/2&/77 XR ake oe la. 27 HEALTH REVIEWER'S COMMENTS. OR APPROVAL CONDITIONS: 2 OLE tite PRE ent wee a dyeiead, — = 1a) PS goat CRT gel ¥s Aceute ss Toh sd PLEASE SIGN THE E.I.W. RUUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED yf 4 - PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION Ki FENIDAY _ EXCEPTION For PIPESTEM LOT AND RETURN TO THE PLANNING DEPARTMENT WITH (ANY COMMENTSJ YOU MIGHT HAVE, crore _s//eghly7 _, IN WT) sale ae aL TAL DEPARTMENT APPROVAL DENTAL DATE GE BUILDING phe Jl 23-7 he LLILI7 ae (FRAFFIC ENG. Pa Gains ar i 2/77 Xo CFIRE ee I-%-77 HEALTH ee _ ee ae 7 /¢ 09-77 REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: ca “ai Bite. Lap CAV s pn eine weg nved PLEASE SIGN THE E.I.W. ——— Paci, COAST SHORT PLAT - EXCEPTION TO SUBDIVISION ORDINANCE - WAIVER OF OFF-SITE IMPROVEMENTS: R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS, Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton city limits at 116th Avenue S.E. APPLICANT R. J. FENTON TOTAL AREA___*9-7 acres PRINCIPAL ACCESS N.E. 28th Street EX'S1 ING ZONING G-7200 EXISTING USE Vacant PROPOSED USE Single Family Residential COMPREHENSIVE LAND USE PLAN Greenbelt and Single Family COMMENTS APPLICANT: 2.. FENTON SCALE /2200' L SUBJECT SITE prem SHOT PLAT NO. 099-77 EXCEPTION NO. £-/0O3-77 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING 83: .Margar et... Harbaugh ee ee being first duly swornon oath, deposes and says that .9.0@. is the . Chief. Clerk... of THE RENTON RECORD-CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Notice of Public Washington. That the annexedisa.....04. ¥tV.S. M.A RAY. he ee 5:.c0GRE SR ROR ARRAN aR CSE as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period consecutive issues, commencing onthe ae day of ............. December... 19.07....,and ending the —_ GAY OL, sors. eins rss seemewexse eee eceminaeeroexcemearees LO sacsmeang DOCH dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 325 62 which has been paid in fullattherateof per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Mew gant Hafan gh Cuief Clerk Wiieeceetecteerereeceeeensesetey AP eaveeecs — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAM- BERS, CITY HALL, RE- NTON, WASHINGTON, ON DECEMBER 13, 1977, AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETI- TIONS: 1. RICHARD M. MOE, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT 30 UNIT CONDOMINIUM IN R-2 and R-3 ZONES, File No. SP-097-77; property lo- cated at 1814 Grant Avenue. 2. R.J. FENTON, APPLI- CATIONS FOR TWO- LOT SHORT PLAT AP- PROVAL, EXCEPTION TO SUBDIVISION OR- DINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IM- PROVEMENTS; Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton City Limits at 116th Ave. S.E. Legal descriptions of ap- plications noted above are on file in the Renton Plan- ning Department. ALL INTERESTED PER- SONS TO SAID PETITIONS ARE INVITED TO BE PRE- SENT AT THE PUBLIC HEARING ON DECEMBER 13, 1977, AT 9:00 A.M. TO. EXPRESS THEIR OPI- NIONS. : GORDON Y. ERICKSEN RENTON PLANNING DIRECTOR Published in The Renton Record-Chronicle De- cember 2, 1977. R4696 s20' @0 ! JZo0?’ RA V O I D OF E L P P- B G ST U B S 7207 << <n L EX K S TM G MO S 4 L E a / [ Mo m E te r e t e BE RE r z a o v E D 720% ae [S ~ RE S E R V E Ok s 41 E C D yp * JO V9 ta f LE G A L DE S C R I P T I O N s C. D . Hi l l m a n a La k e Wa s h i n g t o n Ga r d e n of Ed e n #6 , Lo t #3 6 9 , le s s S 12 0 Ft . of Ww . 50 ™. le s s Be g of 8S . In . 39 0 Ft . W. of E. Ln . of Se c 32 - 2 4 - 5 Th W. . 60 Ft . Th e Ne 12 0 Ft e Th Eo 64 . 5 9 Ft . Th Se 38 = 0 9 9 4 9 E . 24 . 4 7 FT . Th 81 0 0 . 8 8 Ft . to be g le s s C& M RG T S Su b j to Ea m n t C of S Tr n Ln Le s s Be g Sw co r of Se c 33 - 2 4 - 5 Th E. Al g S. In th o f 41 1 . 3 1 Ft to SW L Y Ln Co RG Th N 34 - 1 1 - 5 7 W 35 3 . 8 2 Ft Al g El y Ln lo t #3 6 9 th 8 39 - 0 8 = 5 5 wW 33 5 . 5 6 Ft . Al g SE L Y Ln Tr a n Ln Ea @ m n t to W in Sd Se c th S Ol - 08 - 2 3 W 19 . 9 2 Ft to Be g Le s s po r sd lo t in SW 33 - 24 = 5 Ly Nl y of ©. of 8S Tr a n s Ln Es m n t ~~ ry AL E A LE G E N D SC A L E : {| "= 3 0 " 13 0 FT DR A I N F I E L D 10 0 0 GA L . . . SE P T I C TA N K O TE S T HO L E S W So l . LO G HO L E S -W - WA T E FR LI N E BI O I S RE AL T E 24 JA A L / O 7 E fe ? ) RE C E I V E D IC R FI ME D CI T Y OF RE N T O N ao t HE A R I N G EX A M I N E R NE C 13 1 9 7 7 aM PM BB 91 0 3 5 2 0 1 21 3 A Be EX H I B I T NO . _ 2 . IT E M NO . 4- 4 . 22 7 7 - 2 7 E- / 0 3 8 - 7 7 Li o - s o ¢ - 7 7 -" RE C E I V E D MI C R O F I L M : CI T Y OF RE N T O N HE A R I N G EX A M I N E R PE 13 1 9 7 7 AM PM FB : D 01 2 , 1, 2 1 3 . 4 , . 5 , . 6 EX H I B I T NO . _ & NO . 54 . 4 . 07 7 - 7 7 IT E M Z- / 0 9 . 7 7 UO ~f 0 9- 7 7 STOP STOP STOP’ STOP © TOP! DOCUMENTS UNDER THIS NOTICE HAVE BEEN MICROFILMED. DO NOT REMOVE NOTICE FROM FILE. NEW FILING SHOULD BE ADDED ON TOP OF NOTICE. PAGES REMOVED UNDER THE NOTICE FOR COPYING MUST BE RETURNED TO THE SAME PLACE UNDER THE NOTICE. oT] OP! STOP STOP STOP’ STOP PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING DECEMBER 13, 1977 APPLICANT: R. J. FENTON FILE NO.: 099-77; SHORT PLAT, W-104-77; WAIVER OF OFF-SITE IMPROVEMENTS, AND E-103-77; EXCEPTION TO THE SUB- DIVISION ORDINANCE A. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a A de for the waiver of certain off-site improvement requirements. B. GENERAL INFORMATION: 1. Owner of Record: BILLIE C. FENTON 2. Applicant: R. J. FENTON 3. Location: Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. 4. Legal Description: A detailed legal description is available on file in the Renton Planning Department. 5. Size of Property: Approximately 5.7 acres, 6. Access: Via N.E. 28th Street 7. Existing Zoning: G-7200; General Classification District Single Family Residential. 8. Existing Zoning -7200; General Classification District, in the Area: | - - G P-1; Public Use District, G; General Classification District, and GS-1; General Classification District. 9. Comprehensive Single Family Residential and Greenbelt. Land Use Plan: 10. Notification: The applicant was notified in writing of the hearing date, Notice was properly published in the Record-Chronicle and posted in three places on or near the site as required by City ordinance. Notice was distributed to the surrounding property owners. C. PURPOSE OF REQUEST: To subdivide the property and to allow for construction of two single family residential structures. D. HISTORY/BACKGROUND: The subject site was annexed to the City of Renton on May 26, 1960 by Ordinance No. 1828. The subject site is directly above the May Creek ravine area and is adjacent to properties proposed to be a portion of the King County May Creek Park. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE TWO RE: R. d. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE E. PHYSICAL BACKGROUND: 1. Topography: The majority of proposed Parcel 'A' is relatively level except for the northeasterly corner which drops off steeply into the May Creek ravine area. Proposed Parcel 'B' is mostly steep hillside area with a slope averaging approxi- mately 50%. The steepness of the majority of the subject site makes future development on the site and in tne area extrenely difficult. 2. Soils: Indianola loamy fine sand (InC). Permeability is rapid, available water capacity is moderate, run-off is slow to medium, and erosion hazard is slight to moderate. Septic tank drain field suitability is slight and moderate. If slope is more than 8%, could be possible pollution hazard. This soil is used for timber and for urban development. The steep hillside areas of the subject site consists of Alderwood and Kitsap soils (AkF), drainage and permeability vary, run-off is rapid to very rapid and the erosion hazard is severe to very severe, the slippage potential is severe. The suitability for septic drain fields is severe due to the extreme slope. These soils are usually used for timber. 3. Vegetation: The majority of the site is steep slope and is in a natural heavy northwest woodland character. 4. Wildlife: The existing vegetation of the site may provide for some habitat for birds and smal] mammals native to the area as well as certain other animals such as deer, racoon and other woodland type animals. 5. Water: No surface water or streams are apparent on the subject site, however, the site is directly above the existing May Creek area. All drainage would naturally flow down the ravine towards May Creek. 6. Land Use: Existing single family residences are located on either side of the proposed pipestem to Parcels ‘A' and 'B'. Other single family residences are located on both north and south side of N.E. 28th Street. Recently, homes have been constructed on the south side of N.E. 28th Street directly south of the subject site as a result of previously approved short plat. The area north of the subject site is within the May Creek ravine area and is generally undeveloped wooded property together with sparcely developed single family residential uses. F. NEIGHBORHOOD CHARACTERISTICS: The site is within an area of single family residential homes which are located on the edge of the area consisting of the May Creek ravine and stream which are heavily wooded and are in a relatively natural condition. Much of this area is undevelopable due to slope conditions, flooding, and lack of sanitary sewers and access. G. PUBLIC SERVICES: 1. Water and Sewer: An existing water main approximately three inches or smaller is located along N.E. 28th Street. An existing 8" sanitary sewer is located along N.E. 27th Street approximately 400 feet south of the subject site. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE THREE RE: R. J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE 2. Fire Protection: Provided by the Renton Fire Department and subject to City of Renton Ordinance requirements, See attached Fire Department comments, 3. Transit: Metro Transit Route 42 operates along N,E, 27th Street approximately 400 feet south of the subject site. 4. Schools: Kennydale Elementary School is located approximately one-quarter mile west of the subject site. McKnight Junior High School is located approximately one mile south of the subject site and Hazen High School is located approximately three miles south and east of the subject site. 5. Parks: The subject site is directly adjacent and south of the pro- posed King County May Creek Park. Kennydale Lions Park is located approximately one-half mile south and west of the subject site. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-729; G, General Classification District. 2. Section 4-706; R-1, Residence Single Family. I. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: 1. Renton Subdivision Urdinance: (a) Section 9-1105, Plat Requirements for Short Subdivisions (b) Section 9-1108, Plat Improvements and Development Standards (c) Section 9-1109, Exceptions 2. Land Use Report, 1965, Residential, page 11 and Objectives, pages 17 and 18. 3. Policy Statement, Comprehensive Plan, Renton Urban Area, 1965. 4. Subdivision of Land, pages 5 and 6. J. IMPACTS ON NATURAL SYSTEMS: The proposed plat will allow for low density residential development. The primary impacts of this development are related to impacts on the existing steep wooded hillside areas and the effects from the proposed septic tank drainfields on water quality within the May Creek basin. K. SOCIAL IMPACTS: Relatively minor. L. ENVIRONMENTAL ASSESSMENT/THRESHOLD: Pursuant to the City of Renton's Environmental Ordinance and State Environmental Policy Act of 1971 as amended (RCW 43.21C), this project is exempt from the Threshold Determination and Environmental Impact Statement process. M. ADDITIONAL INFORMATION: A vicinity map and site map are attached. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FOUR RE: J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE N. AGENCIES/DEPARTMENTS CONTACTED: NS O O P W D M - H King County Parks Department King County Health Department City of Renton Utilities Division City of Renton Traffic Engineering Division City of Renton Engineering Division City of Renton Fire Department City of Renton Building Division Copies of certain memoranda are attached. O. PLANNING DEPARTMENT ANALYSIS: Ls The proposal is consistent with the minimum lot size of the G-7200 zone, (7200 square feet minimum lot size). Proposed Lot ‘A’ = .85 acres; Lot *B’ = &.9 acres. Although a majority of Lot 'A' is relatively level, Lot ‘B' consists almost entirely of wooded steep slopes. This con- dition creates serious problems for safe and suitable develop- ment, and hinders the proper functioning of septic tank drainfields. The portion of the Comprehensive Plan, Land Use Report, 1965, dealing with residential developnent (page 11) states that "The successful utilization of land for low density resi- dential development will depend on the availability of easily accessible areas which are relatively free of recurring or potential hazards such as floods, slides, and land subsidence." The sloped conditions and soils on Parcel 'B' appear to warrant consideration in this case. Although the proposed pipestem lots are not unacceptable as indicated it appears that given the abovementioned conditions Lot 'B' is highly questionable as an appropriate building site. Any structure constructed on this parcel would require a 20 foot front yard setback from the rear line of the adjacent property to the south. This would place the structure over the brink of the steep hillside. However, if the applicant merely wishes to segregate the unusable portions of the property from the usable, an alternative would be to apply for current use (open space) taxation. Lot 'A' appears to be physically suitable for a building site. The existing 60 foot width along N.E. 28th Street is suitable for a standard 50 foot residential street. However, because of the existing topographical con- ditions Section 9-1109 A., B., and C. would apply to the exception request. N.E. 28th Street is an existing partially improved right-of-way, which consists of a total 30 feet in width. The improved portion of the roadway terminated approximately 100 feet east of the proposed easterly pipestem. However, the right-of-way extends over the brink of the steep hillside to the section corner. This street would generally be considered a half-street according to present subdivision standards. The applicant proposes septic tanks in-lieu-of connection to the existing sanitary sewer within N.E. 27th Street approximately 400 feet south of the subject site. The property along the south side of N.E. 28th Street directly south of the subject site was subdivided, and has connected to the existing sewer, water, and storm sewer within N.E. 27th Street (Section 9-1108.14.A.) an easement across private property would need to be procured, or an extension from Aberdeen Avenue N.E. and N.E. 27th Street provided. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FIVE RE: R. J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE 7. The existing water line within N.E. 28th Street is three inches or smaller. This is inadequate for new residential construction and according to the requirements of the Utilities Division and Fire Department would require upgrading to an eight inch main across the full frontage of the subject site together with the provision of a fire hydrant. 8. The preliminary soils report indicates that there may be problems related to septic tank suitability on the steep slopes. This would be particularly critical for Lot 'B'. The Building Division has indicated a need to provide a preliminary septic tank approval from King County Health Department. 9. Off-site improvements do not exist along N.E. 28th Street. However, recent City Council policy has been to install such improvements whenever possible. The Engineering Design Division has indicated that it is possible to establish grade and install these improvements, and has so recommended. PLANNING DEPARTMENT RECOMMENDATIONS: Recommend approval of the proposed short plat and exception based on the above analysis subject to; 1. Provision of proper utilities and fire hydrant per Public Works Department, Fire Department, and ordinance requirements. 2. Planning Department approval of proposed building locations prior to commencing clearing or grading on the site. 3. Conformance with all other subdivision ordinances, building codes, and Health Department requirements. The request for waiver of off-site improvements is denied per the Engineering Division's recommendation and the requirements of Section 9-1105.6.B. These requirements must be provided prior to filing the short plat (Section 9-1105.7 and .8). ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED ule 7 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJ PLAT SITE APPROVAL R.T fe7DO J HORT PLAD SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND. RETURN TO THE PLANNING DEPARTMENT WITH) ANY YOU MIGHT HAVE, BEFORE U//edf/27 TA WRITING SIGNATURE INITA DEPARTMENT APPROVAL DENIAL __DATE Caurtorne 7 <7 fl-33-?) CE CURAFFIC ENGD 12/217) at CENGINEE RIND le pi [ee 77 CFiRe> ee A-G27 HEALTH 7 REVIEWER'S COMMENTS” OR APPROVAL CONDITIONS: a SEEING SEPT IL FA PRPACVAL DSDAOUCR SE REeD. PLEASE SIGN THE E.I.W ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED u fuer PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION KyY Feaoa) WANNER OF OFFSITE Mp ho yard BOTS AND RETURN TO THE PLANNING DEPARTMENT WITH JANY_ COMMENT IS} YOU MIGHT HAVE, BEFORE_ ufe4fy? “= TN WILT NG ——SSS= SIGNATURE OR INI TAL DEPARTMENT APPROVAL DENTAL DATE wal UILDING? os AP -9) (Fa gq (TRAFFIC ne, L/2f77 1 cee a a oi ENGINEER lL” 11/2&/77 D ape KR Fine? oe la. 77 HEALTH REVIEWER'S COMMENTS. OR APPROVAL CONDITIONS: = OL «ite pNP eRe ent a: . be TP end city tes sf Ace me sy ! Lee = nN \ a or \ ' 5 — Na PLEASE SIGN THE E.1.W.: RUUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED yf18/ a7 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION RK. Qe FENIDAY _ EXCEPTION For PIUPESTEM LOT AND RETURN TO THE PLANNING DEPARTMENT WITH (ANY COMMENTSJ YOU MIGHT HAVE, Bcrore__W/eghly7 —_ > IN WOT) SIGNATURE = OR INITAL |; DEPARTMENT APPROVAL DENIAL DATE BUILDING re J0-2.3.-7N Ze a he AFFIC ENG ke C2LIL 72 Fede Guten weer 1/2/77 XQ Cire) oe la- %-77 ee HEALTH ee _ gd = (Crimes a. oz) REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: oF Q FF sete 4 me vive ments hive S ~ @) XAnt. wri Ravan tt PLEASE SIGN THE E.I.W. _ sat a LL eo ' <3] uatect SITE SHORT PLAT - EXCEPTION TO SUBDIVISION ORDINANCE - WAIVER OF OFF-SITE IMPROVEMENTS: R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS, Files No. 099-77, E-~103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton city limits at 116th Avenue S.E. APPLICANT R. J. FENTON TOTAL AREA__*9-7 acres PRINCIPAL ACCESS N.E. 28th Street EX™S11NG ZONING G-7200 EXISTING USE Vacant PROPOSED USE Single Family Residential COMPREHENSIVE LAND USE PLAN Greenbelt and Single Family COMMENTS APPLICANT: 2.J. FENTON GR SCALE 12 200' $s SHORT PLAT NO. OF9-77 EXCEPTION NO. £-/O3-77 WAIVER. NO. w- (O04 - 17 A> es S THE CITY OF RENTON ae = MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 ve ss, 2 CHARLES J. DELAURENTI, MAYOR @ PLANNING DEPARTMENT aS %: 235-2550 x 7ED sepre™ December 2, 1977 R, J. Fenton 11451 S.E. 89th Place Renton, “ashinaton 98055 RE: NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS; Files No. 996-77, E-103-77, and W-104-77; property located on N.c. 28tn Street in the vicinity of the Renton City Limits at 116th Avenue S.E. Dear Mr. Fenton: The Renton Planning Department formally accepted the above mentioned application on November 22, 1977 . A public hearing before the City of Renton Hearing Examiner has been set for Necember 13, 1977 at 8200 @alts . Representatives of the applicant are asked to be present. All interested persons are invited to attend the hearing. If you have any further questions, please call the Renton Planning Department, 235-2550. Very truly yours, Gordon Y. Ericksen Planning Director Hicnael L. eee { (Associate Dlanner MLSiwr cc: Seattle-King County Health Dept. King County Park Dept. ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED LLL 77 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL RJ FAUT JV (SHORT PLA SPECIAL PERMIT WATVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND. RETURN TO THE PLANNING DEPARTMENT WITH ANY S| YOU MIGHT HAVE, BEFORE ufedfor 1 WRITING aaa’ SIGNATURE OR INITA DEPARTMENT APPROVAL | DENTAL DATE a” BUILDING pa J23-7) cq GrarrroeNG> (2f2]7) CENGINEERIND ail yi Leal? 7 B57 HEALTH -~f— Conus) —— fate REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: A Cr 4 J Zen, SEPTic< RPRLOVAL SdHouceR SE REO'D. ae Ri4Cuings S a WATIFET (4 Ae the ACcevtaSsSS Pou, Ert on TAG /Z_ — oO . Wg 5 Sw y S) PLEASE SIGN THE E.l Wat Z he ma POE 1 FH CITY OF RENTON SHORT PLAT MAJOR PLAT fi, © TENTATIVE PRELIMINARY aoe FINAL PLAT APPLICATION 3 REW eéCEIVED “ON NOV 10 IS77 «x h/- fa ays Hort SAF FILE NO. BPo -7zZ DATE REC'D. Le L7d og APPLICATION FEE §$ (Op ENVIRONMENTAL REVIEW FEE §$ “Vdfteonrer vo. # 23 12 WEE 2) SM NO. PUD NO. (JorweS? 100, SS Ds Cx x, em So e+ APPLICANT TO COMPLETE ITEMS 1 THROUGH 7: 1. Plat Name & Location kd FEMTONW SHOR? MAT 2. No. Lots ] Total Acreage S.72 he. Zoning G 7200 3. Owner L2.Jd FEMTO rd Phone 2@G “7S 7S— Address 1/146) PY 89 nl KETO MOS F GOSS. 5. Underground Utilities: Yes No Not Installed Telephone ( ) (7) ( ) Electric ( ) (7) ( ) Street Lights ( ) (wv ) ( ) Natural Gas ( ) ( ) ( ) TV Cable () ( ”) ( ) 6. Sanitation & Water: ( W) City Water ( ) Sanitary Sewers ( ) Water District No. ( ) Dry Sewers ( *") Septic Tanks 7. Vicinity and plat maps as required by Subdivision Ordinance. 8. DATE REFERRED TO: . ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 2% STAFF ACTION: TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED 10. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 11. CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 12. DEFERRED IMPROVEMENTS: DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept. Pav. LITT AFFIDAVIT I, i) é ‘£2 Lp pA LP GE , being duly sworn, declare that I am the owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this /0 @ day of Aprrnasg 1 19 Ve Notary Public in and for the State of Washington, residing at DAL FLIPS AL MeL (Name of Notary Public) Aorvva dss, pocrd ce Gt ye) Signature of Owner (Address) ECE m Ae 4 Lert gett hdd, (city) (State) 226° PS FS (ie lephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certi ees foregoing application has been inspected by me and has been £ofAD torough and complete in every particular and to conform to the cgi, egulations of the Renton Planning Department governing th li suck pplication. NOV 10 1977 , 19 By: Date Received Renton Planning Dept. 2=73 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON DECEMBER 13 , 19 77 , AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: 1. RICHARD M. MOE, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT 30 UNIT CONDOMINIUM IN R-2 AND R-3 ZONES, File No. SP-097-77; property located at 1814 Grant Avenue. ~ 2. R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS; Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton City Limits at 116th Ave. S.E. Legal descriptions of applications noted above are on file in the Renton Pianning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON DECEMBER 13, 1977, AT 9:00 A.M. TO EXPRESS THEIR OPINIONS. re Senin GORDON Y. ERICKSEN PUBLISHED December 2, 1977 RENTON PLANNING DIRECTOR CERTIFICATION I, Michael L. Smith » HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn A to before me, a Notary Public, Pf AS) A. e i on the so day of \Qowomber, if pv if er ae 1977 _. : SIGNED IZ WA TAL xf AFFIDAVIT OF SERVICE BY MAILING State of Washington) ) County of King ) Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 2l1st day of December , 1977 , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. ied f ie \e f w- gp th Niel tas Y te oe Ce $2 Sgt at Subscribed and sworn this _/ day of Ae te on Lode’ ew ie : ra Z 2 [ie se Py a ig a & Notary Public sa and for the State of Washington, residing at Renton Application, Petition or Case: R. J. Fenton, Short Plat 099-77, W-104-77 E-103-77 (The minutes contain a Utst of the parties of record) December 21, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION. APPLICANT: R. J. Fenton FILE NO. Short Plat 099-77 W-104-77 E-103-77 LOCATION: Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a request for the waiver of certain off-site improvement requirements. SUMMARY OF ACTION: Planning Department Recommendation: Approval of short plat and exception subject to conditions; denial of waiver. Hearing Examiner Decision: Approval of short plat and waiver subject to conditions; denial of exception. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on December 6, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on December 13, 1977 at 10:40 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1 and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Short Plat Map Exhibit #4: Letter from Kenneth J. Oyler, Engineer, dated November 10, 1977, request for waiver of off-site improvements. Mr. Smith reported two revisions in Exhibit #1. In Item 0.1, Lot B is designated as 5.9 acres in size which Mr. Smith corrected to 4.7 acres. Also in Item P.2 approval by the Building Division was added to provide approval of proposed building locations prior to commencing clearing or grading on the site. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: R. J. Fenton 11451 S.E. 189th Place Renton, WA 98055 Mr. Fenton indicated noncurrence with certain items in the report. He reported that his purpose in requesting the short plat was to exclude the hillside area from the mortgage at the time of loan application. He objected to requirements in Item P.1 for provision of a fire hydrant because of the existence of a hydrant directly across the street from the pipestem lot and entered a photograph of the facility which was labeled Exhibit #5. Regarding requirements of the Utilities Division and Fire Department for an 8-inch water main across the full frontage of the subject site, Mr. Fenton asked for clarification from the Planning Department. Mr. Smith indicated that although the recommendation was unclear, he felt that from a realistic standpoint the water main would be required only along the frontage of the pipestem lot. Mr. Fenton agreed that a water main would not Short Plat 099-77 Page Two W-104-77 E-103-77 be feasible on Lot B because the property would be unusable until the May Creek sewer is installed. He also reported that at the time of purchase of the property in August, 1977, an agreement for temporary water service existed between the previous owner and the city water department for the entire site, and since he desired to retain the property in two separate parcels, he had asked for cancellation of the permit which had not occurred to date. He submitted a title insurance policy which was labeled Exhibit #6 and the application for septic tank, labeled Exhibit #7. Regarding the request for waiver of off-site improvements, the applicant reported that because ditches or culverts are not provided along N.E. 28th Street under driveways the installation of curbs, gutters and sidewalks would create a problem for drainage and water runoff. He submitted a photograph depicting existing water runoff problems on N.E. 28th Street, which was labeled Exhibit #8. Mr. Fenton advised that off-site improvements had not been required in construction of other new homes in the area and objected to the recommendation imposed in his application. The Examiner asked for testimony in support of the application. There was no response. The Examiner asked for testimony in opposition to the application. Responding was: Dale Oster 2300 N.E. 28th Street Renton, WA 98055 Mr. Oster indicated his opposition to the request and inquired about the provision of water service to Lot A. The Examiner advised that the recommendation required the lines to be installed from N.E. 27th Street to N.E. 28th Street and extended to the pipestem area in the southern part of Lot A at the expense of the applicant. Mr. Oster inquired about city restrictions on installation of septic tanks in the subject area and noted that new homes on the south side of N.E. 28th Street have connected to a sewer line from N.E. 27th Street. Mr. Smith indicated that the subject homes were part of a plat which retained a sewer easement to N.E. 27th Street and that no moratorium currently existed on installation of septic tanks. The Examiner advised that approval by King County would be required for such installation on the subject property. In response to Mr. Oster's concern regarding the condition of the roadway and the proposed driveway, the Examiner advised that the ordinance required a minimum 10-foot paved driveway. Mr. Oster inquired about placement of the proposed structure, and the applicant reported plans to construct a home on the rear half of Lot A directly east and 20 feet from Mr. Oster's property line. Mr. Oster expressed concern regarding the proximity of the proposed home to the existing cliff on the property because of previous erosion due to removal of trees. The Examiner advised that the building location would be approved by the Planning and Building Departments which may require soils studies. The Examiner asked for further testimony in opposition to the request. Responding was: Rebecca Oster 2300 N.E. 28th Street Renton, WA 98055 Mrs. Oster reported low water pressure in the area and inquired about provision of water lines. The Examiner reiterated Utility Division recommendations for installation of an 8-inch water line to the property. The Examiner asked the applicant for final comments. Mr. Fenton advised that three homes owned by the King County Parks Department on the north side of the property were presently served by a 3-inch Renton Water District water line running through the subject property although no easement had been deeded for that purpose by the property owner. He also indicated that both King County and the Renton Water District had been contacted regarding this situation. It was agreed that the Examiner and the Planning Department would research the matter. Mr. Fenton objected to a requirement to blacktop the driveway and indicated preference for a gravel surface to properly design the driveway to facilitate retention of existing trees on the site. The Examiner advised that any variance from the requirements of the Subdivision Ordinance for driveway surface would be under the jurisdiction of the Board of Adjustment. Mr. Smith noted that the surfacing was required to eliminate mud and noise and felt the requirement was appropriate. In response to the Examiner's inquiry regarding the relationship of the terrain on Lot B to N.E. 28th Street, Mr. Fenton indicated that when N.E. 28th Street is extended access was possible to the existing three terraces on Lot B, but because of previous erosion, soils would be required to be tested prior to construction. Short Plat 099-77 Page Three W-104-77 E-103-77 The Examiner asked Mr. Fenton if problems with existing septic tanks in the area had occurred. Mr. Fenton indicated that no problems had occurred. In response to the Examiner's inquiries regarding proposals for restrictive covenants and survey of the property, Mr. Fenton indicated that covenants were not proposed and a survey has not yet been made. In response to other inquiries by the Examiner, Mr. Fenton reported that he was amenable to participation in an LID for future off-site improvements on N.E. 28th Street and that a permit for a septic tank would not be acquired until application for a building permit is made. In response to the Examiner's inquiry regarding revision to the Planning Department recommendation if N.E. 28th Street were extended, Mr. Smith indicated that according to strict interpretation of the ordinance, Lot B would have proper frontage on a public right-of-way without a pipestem lot which would not create as much effect on the future of the area. He noted that because of existing plateaus on Lot B it was questionable whether the area could be developed beyond the existing hillside with removal of vegetation creating additional erosion and problems in the May Creek area. The Examiner asked Mr. Smith if the Utilities Division and the Fire Department may not have been aware of the existing fire hydrant adjacent to the subject property. Mr. Smith indicated that the possibility exists since the hydrant seems proximate to the site. He noted that negative visual effects of an existing home in the area being built with used lumber should be reviewed by the Building Division because of its detrimental appearance in the neighborhood. Regarding the subject of driveway paving, Mr. Smith felt that a possibility exists to provide only one driveway to Lot A and noted that the Examiner has the authority to amend that requirement of the ordinance. He referred to Item 0.4 which reviews the possibility of applying for open space taxation relief for Lot B because of the physical unsuitability for building purposes on the site. He also indicated a recommendation for restrictive covenants on the development of Lot B to resolve extreme environmental problems and to impose requirements for sewers prior to development according to Section 9-1108.19. Mr. Fenton indicated his objection to requirements for restrictive covenants and noted that if application for a short plat had not been made covenants would not be required. Mr. Smith also recommended elimination of the pipestem configuration because of the existence of sufficient frontage on a public street on Lot B. Mr. Fenton questioned the effect of the revised recommendation for elimination of a pipestem lot on the acreage requirement for application for open space taxation, and Mr. Smith indicated that Lot B would be required to be measured to analyze the eligibility of the property for the tax relief. Discussion then ensued between the Examiner and Mr. Smith regarding possible revisions to the lot configuration, proposed access and easements on the site. Mr. Fenton reiterated his request for elimination of the requirement for blacktop surface on the driveway and felt that it would not contribute to the appearance of the property. The Examiner asked for further comments. Since there were none, the hearing on Item #Short Plat 099-77, W-104-77 and E-103-77 was closed by the Examiner at 11:35 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: l. The request is for approval of a two-lot short plat, waiver of off-site improvements and exception to the Subdivision Ordinance. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C., the proposal was determined by Gordon Y. Ericksen, responsible official, to be exempt from the threshold determination and E.I.S. process. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. All existing utilities are available and in close proximity. 6. The proposal is compatible with the required lot area requirements of Section 4-706 and 4-729 of Title IV, Ordinance No. 1628, Code of General Ordinances. 10. i. 12). 13s 14. Ls 16% L7s 18. 19: Short Plat 099-77 Page Four W-104-77 E-103-77 Restrictive covenants were not proposed. (Section 9-1105.3.B) A survey has not been made of the property per Section 9-1106.3.H. (3). Off-site improvements have not been deferred per Section 9-1108.21. A septic tank is proposed for Lot A. On January 29, 1976, a septic tank permit (Exhibit #7) was approved by the King County Department of Public Health. The property was purchased by the applicant in 1977, and a new permit application has not been submitted to that department. (Section 9-1106.3.H.(4). Ownership has been documented in a copy of the title insurance policy, Exhibit #6, (Section 9-1106.3.H.(6)). No dedication of land is to occur (Section 9-1105.3.D and E). Access to the two lots is by two 30-foot pipestems of 120 feet in length. Lot A has no other access possibility to N.E. 28th Street. Lot B, on the other hand, abuts the N.E. 28th Street right-of-way east of the end of the existing street pavement. The applicant testified that this alternative access is feasible depending upon extension of N.E. 28th Street. Section 4-706.(5).(c) requires a minimum lot width of 50 feet. N.E. 28th Street is a half-street with minimal improvements. The Engineering Design Division is able to establish the grade for improvement of the street. A fire hydrant, sewer line and 8-inch water line are located south and across N.E. 28th Street from the property. The connection to the recommended sewer line and 8-inch water line requires construction under the street and possibly an easement over private property. Lot B is predominantly a steep slope, but it contains three plateaus which may support single family residences. However, any development on this parcel would require severe restrictions which may render development infeasible. The applicant expressed concern about an alleged "illegal" water line running across the property. The matter was referred to the Utilities Division of the Public Works Department (see attached memorandum), and it was revealed that the water service was temporarily granted by the previous property owner to serve another property. A minimum of 5 acres is required for a current use taxation application. Lot B is approximately 4.7 acres. CONCLUSIONS : 1. The proposal conforms to the Comprehensive Plan, except that Lot B lies within the greenbelt designation of the Comprehensive Plan Land Use Map. Development at this time is proposed for Lot A, but the physical constraints of Lot B may preclude its development. All indications are that the map designation of greenbelt is appropriate for Lot B. Lot A contains approximately 37,026 square feet. One dwelling unit is proposed for this lot although approximately 4 units could be constructed on the lot if subdivided according to the 7200 square foot lot area of the G-7200 zoning district and using the pipestem area (60 feet) for a public street (50-foot minimum required). It appears that the applicant's proposed Lot A is in keeping with the character of the immediate neighborhood north of N.E. 28th Street. Most lots west of the site are lots considerably larger than 7200 square feet. Alternatives exist to the pipestem configuration. The pipestem area (60 feet wide) meets the minimum lot width (50 feet) requirement of G-7200 and 60-foot width of Section 9-1108.23.F.(c). If Lot A were to include all of the pipestem area, a pipestem would by definition not exist. Access from the 60-foot pipestem area would be for only one lot and access for additional lots would be through Lot B. This seems to conform to the intent of the applicant, which is development of Lot A with consideration of Lot B at some future date. Or the pipestem area could be dedicated as public right-of-way for a cul-de-sac for access to Lots A, B, and any other lots that might be created in the future. The required right-of-way of 50 feet can be accommodated in the 60-foot pipestem Short Plat 099-77 Page Five W-104-77 E-103-77 area. To avoid impacting setbacks of adjacent residences the right-of-way can be manipulated within the 60-foot pipestem area. Relative to the requested exception to allow for pipestem lots, sufficient flexibility exists in the property configuration to avoid the exception without creating "...undue hardship..." (Section 9-1109.1) upon the applicant. More than adequate lot area exists and the pipestem area could accommodate a public street while providing enough area in Lot B to qualify for current use taxation. It was not asserted that without the exception the application would be deprived of the "...reasonable use or development..." (Section 9-1109.1.A) of the property, either Parcel A or Parcel B. In fact, such deprivation does not exist in this instances. The applicant did not contest that the exception was "necessary to insure such property the rights and privileges enjoyed..." (Section 9-1109.1.B) by adjacent or similar properties. No rights or privileges would be deprived without the exception. It is evident that the exception would "...not be detrimental to the public welfare or injurious to other property..." (Section 9-1109.1.C) either adjacent or in the vicinity. However, this would not alone constitute sufficient basis for approval of the exception, since the purpose, per Section 9-1109.1, is to address situations which may cause hardship to the applicant through strict application of the subdivision ordinance. The applicant can without "...undue hardship..." comply with the lot area, lot frontage and access requirements of the ordinance. For these reasons, the requested exception should be denied in lieu of pursuing other configurations of the short plat which would meet the requirements of the subdivision ordinance without unusual restrictions upon future subdivisions of the property. Section 9-1108.23.F.(2) requires that lots front a public street of 50 feet per Section 9-1108.23.A.(5). N.E. 28th Street does not meet this requirement. A 50-foot roadway within the pipestem area would satisfy this requirement and possibly preclude improvement of N.E. 28th Street by the applicant. The applicant appeared to disfavor the street as opposed to a private driveway within the pipestem area. The applicant proposes a low density development in a high density single family zone. In view of the physical constraints of the site this approach is appropriate. However, undue expense incurred in development may necessitate dividing the property into more lots. For this reason, the waiver of off-site improvements was apparently made. Off-site improvements required are street paving, curbs, gutters, sidewalks, sewer, water, storm sewers, and other utilities in N.E. 28th Street. Except for electricity and possibly gas, these improvements are either lacking or do not meet city standards. N.E. 24th Street is only a 30-foot right-of-way. Most, if not all, properties north of the street in the immediate area use septic tanks and nonconforming water lines. A fire hydrant is located immediately south of the site. If the applicant can secure an easement across the private property immediately south of the site, connection can be made to conforming existing sewer and water lines. This is "...within a reasonable distance..." (Section 9-1105.6.B) from the site. However, if the King County Department of Public Health approves a septic tank for the site, connection to the aforementioned sewer line is not necessary. Any water lines serving the property would be required to connect to an 8-inch line across the pipestem area which would connect to the aforementioned water line across the street. The property has a total of 450 feet of frontage on N.E. 28th Street of which only 60 feet fronts on the improved (paved) portion of the street. The existing right- of-way for the street was dedicated from the applicant's and others' properties north of the street. In view of the inadequate street width it seems that final design of street improvements would require the full street right-of-way. Otherwise the applicant might be required to place curbs within the existing pavement, thereby potentially preventing the existing two-way traffic. Since the applicant expressed agreement to participating in an LID, a covenant to this effect appears a reasonable and appropriate solution pending dedication of the complete right-of-way. Short Plat 099-77 Page Six W-104-77 E-103-77 DECISION: Based upon the record, testimony, findings and conclusions it is the Examiner's decision to approve the short plat application for two lots subject to: l. Ts 8. Redesign of the short plat, Exhibit #3, to preclude the need for pipestem lots per Conclusions No. 3 and 5. The Planning and Public Works Departments are to approve the final design of the short plat for conformance with this condition. Installation of an 8-inch water line and adequate sewer line (if a septic tank for Lot A is not approved by the King County Department of Public Health) along the 60-foot frontage of N.E. 28th Street and connecting to the existing 8-inch line on the south side of N.E. 28th Street; provided the necessary utility easements can be fairly and reasonably acquired. The Public Works Department is to assist the applicant in complying with this condition and approve the final design and construction. Resolution by the applicant of the existing 3-inch water line running across his property. All clearing and/or grading of the property is to occur only following approval of and according to requirements of the Planning Department. Lot B is to be developed only after complete access, utility, and storm drainage requirements per city ordinances are not from N.E. 28th Street as approved by Planning and Public Works Departments. Approval by the King County Department of Public Health of a septic tank for Lot A. Final approval of the septic tank by the Public Works Department. In the event that a septic tank is not approved, a sanitary sewer line is to be installed in the same manner as specified in Condition No. 2. Approval of the storm drainage plan by the Public Works Department. Compliance with all other requirements of applicable city ordinances. Furthermore, it is the decision of the Examiner to waive off-site improvements, except as specified in the aforementioned conditions, subject to the applicant executing restrictive covenants stating agreement to participation on an equitable and fair share basis in an LID for installation of these off-site improvements. In addition, it is the Examiner's decision to disapprove the exception in lieu of the aforementioned Condition No. l. ORDERED THIS 21st day of December, 1977. Cc L. Rick Beeler Land Use Hearing Examiner TRANSMITTED THIS 2lst day of December, 1977 by Affidavit of Mailing to the parties of record: R. J. Fenton, 11451 S.E. 189th Place, Renton, WA 98055 Rebecca Oster, 2300 N.E. 28th Street, Renton, WA 98055 Dale Oster, 2300 N.E. 28th Street, Renton, WA 98055 TRANSMITTED THIS 21st day of December, 1977 to the following: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Larry Warren, City Attorney Short Plat 099-77 Page Seven W-104-77 E-103-77 Pursuant to Title IV, Section 3015 of the City's code, request for reconsideration must be filed in writing on or before January 4, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. oF Rae, A “ ° THE CITY OF RENTON v4 b> 2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 oe 3 CHARLES J. DELAURENTI , MAVOR @ LAND USE HEARING EXAMINER Sa L. RICK BEELER. 235-2593 7D sepre™ December 15, 1977 TO: Utilities Division FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Property directly north of 2308 N.E. 28th Street; File No. Short Plat 099-77, R. J. Fenton At a public hearing on December 13, 1977 regarding a short plat for this property, the applicant asserted that the city knowingly has a 3-inch water line across his property without a legally consummated easement. The applican no response north owned This matter instance it need to ask l. Does in 2. Does in a single 3. Does in water li 4. Do any p the wate t stated that his opposition to this water line has received from the city. Evidently the line serves properties to the by King County. is not normally within my area of concern; however, in this is relevant to the short plat application. Therefore, I for answers to these questions: fact this water line exist? fact the applicant have rights to use the water line to serve dwelling unit? fact a legally consummated utility easement exist for the ne? roblems or objections exist in the applicant hooking up to r line to serve a single dwelling unit? Since the public hearing has been closed, I will need answers in writing to these que the decision Thank you. - “~) stions by December 22, 1977 in order to incorporate them into due December 27, 1977. ae ) L. Rick Beeler Cas Gordon Y. Ericksen, Planning Director December 21, 1977 Date TO: L. RICK BEELER, HEARING EXAMINER FROM: RON OLSEN, UTILITIES DIVISION SUBJECT: PROPERTY DIRECTLY NORTH OF 2308 NE 28th St. File No. Short Plat 099-77 R. J. Fenton The City does not have a 3'' water line running North through the aforemen- tioned property. I think what the gentleman is referring to is a private water service to a residence in May Creek, address of 2405 N. 3lst St. A few years ago a gentleman was granted a temporary water service and a meter was set in the Right-of-Way of NE 28th St. He stated that he had made arrangements with the owner at that time allowing him to run his temporary service across this property. The applicant does not have the right to connect into this temporary service. Water service is available in NE 28th St. for the proposed subdivision upon signing a temporary service agreement for said property. If you have any other questions, please contact this office. IK RLO:pmp RECEIVED CITY OF RENTON HEARING &°USMINER 0=" 2 11977 AM 7181970 0251,2,314566 4 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING OSs .Margar et...Harbaugh egrparameaiseseenaecens being first duly swornon oath, deposes and says that .9.Q@. is the vee Chief. Clerk ——— THE RENTON RECORD-CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Notice of Public Washington: That the annexed is a vaca ee sweat ica rae oe Oma LG Voice cccccccccececeseesecsecsecsevesevaceevsecasvatestatteteevsteseessesees Taree Benes gprepe cn eseoses oreo SSNS Ss as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period Of csramweeenemmeesnrs i ines cexaninvannummmaniens consecutive issues, commencing on the sk Cosenseees day iOl cccassmesiacd December ,19 J howard ending the pp LD wasoresiee , bothdates FEB Tsotsi GAY OF ncismcmoessend corm od.nwe wc senrenmnosemoonmamad amma inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 325 262 which has been paid in fullattherateof per folio of one hundred words for the first insertion and _ per folio of one hundred words for each subsequent insertion. Cuief Clerk Subscribed and sworn to before me this................. 2 ee ee day of December. 19.07. - TA p fe er A Keel Lh MEAL 2. Notary Public in ‘and for the State of Washington, ° residing at Kent, King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. Ves F REA VN > off NED pec 12 197 \ = “3 an aenwene een asooenn* / \ Ce Ly / vy s/ NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER __ . RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAM- BERS, CITY HALL, RE- NTON, WASHINGTON, ON DECEMBER 13, 1977, AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETI- TIONS: 1. RICHARD M. MOE, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT 30 UNIT CONDOMINIUM IN R-2 and R-3 ZONES, File No. SP-097-77; property lo- cated at 1814 Grant Avenue. 2. R.J. FENTON, APPLI- CATIONS FOR TWO- LOT SHORT PLAT AP- PROVAL, EXCEPTION TO SUBDIVISION OR- DINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE 1IM- ~ PROVEMENTS; Files No. 099-77, E-103- 77, and W-104-77; property located on N. E. 28th Street in the vicinity of the Renton City Limits at 116th Ave. S.E. _ Legal descriptions of ap- plications noted above are on file in the Renton Plan- ning Department. ALL INTERESTED PER- SONS TO SAID PETITIONS ARE INVITED TO BE PRE- SENT AT THE PUBLIC HEARING ON DECEMBER ' 13, 1977, AT 9:00 A.M. TO. EXPRESS THEIR OPI- NIONS. GORDON Y. ERICKSEN RENTON PLANNING DIRECTOR Published in The Renton Record-Chronicle De- cember 2, 1977. R4696 . t-4 - ° od ‘ LL yf. tA @f oF PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING DECEMBER 13, 1977 APPLICANT: R. J. FENTON FILE NO.: 099-77; SHORT PLAT, W-104-77; WAIVER OF OFF-SITE IMPROVEMENTS, AND E-103-77; EXCEPTION TO THE SUB- DIVISION ORDINANCE A. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a a for the waiver of certain off-site improvement requirements. B. GENERAL INFORMATION: 1. Owner of Record: BILLIE C. FENTON 2. Applicant: R. J. FENTON 3, Locatton: Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. 4. Legal Description: A detailed legal description is available on file in the Renton Planning Department. 5. Size of Property: Approximately 5.7 acres. 6. Access: Via N.E. 28th Street 7. Existing Zoning: G-7200; General Classification District Single Family Residential. 8. Existing Zoning G-7200; General Classification District, in the Area: P-1; Public Use District, G; General Classification District, and GS-1; General Classification District. 9. Comprehensive Single Family Residential and Greenbelt. Land Use Plan: 10. Notification: The applicant was notified in writing of the hearing date. Notice was properly published in the Record-Chronicle and posted in three places on or near the site as required by City ordinance. Notice was distributed to the surrounding property owners. C. PURPOSE OF REQUEST: To subdivide the property and to allow for construction of two single family residential structures. D. HISTORY/BACKGROUND: The subject site was annexed to the City of Renton on May 26, 1960 by Ordinance No. 1828. The subject site is directly above the May Creek ravine area and is adjacent to properties proposed to be a portion of the King County May Creek Park. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE TWO RE: R. d. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE E. PHYSICAL BACKGROUND: 1. Topography: The majority of proposed Parcel 'A' is relatively level except for the northeasterly corner which drops off steeply into the May Creek ravine area. Proposed Parcel 'B' is mostly steep hillside area with a slope averaging approxi- mately 50%. The steepness of the majority of the subject site makes future development on the site and in tne area extrenely difficult. 2. Soils: Indianola loamy fine sand (InC). Permeability is rapid, available water capacity is moderate, run-off is slow to medium, and erosion hazard is slight to moderate. Septic tank drain field suitability is slight and moderate. If slope is more than 8%, could be possible pollution hazard. This soil is used for timber and for urban development. The steep hillside areas of the subject site consists of Alderwood and Kitsap soils (AkF), drainage and permeability vary, run-off is rapid to very rapid and the erosion hazard is severe to very severe, the slippage potential is severe. The suitability for septic drain fields is severe due to the extreme slope. These soils are usually used for timber. 3. Vegetation: The majority of the site is steep slope and is in a natural heavy northwest woodland character. 4. Wildlife: The existing vegetation of the site may provide for some habitat for birds and small mammals native to the area as well as certain other animals such as deer, racoon and other woodland type animals. 5. Water: No surface water or streams are apparent on the subject site, however, the site is directly above the existing May Creek area. All drainage would naturally flow down the ravine towards lay Creek. 6. Land Use: Existing single family residences are located on either side of the proposed pipestem to Parcels ‘A' and 'B'. Other single family residences are located on both north and south side of N.E. 28th Street. Recently, homes have been constructed on the south side of N.E. 28th Street directly south of the subject site as a result of previously approved short plat. The area north of the subject site is within the May Creek ravine area and is generally undeveloped wooded property together with sparcely developed single family residential uses. F. NEIGHBORHOOD CHARACTERISTICS: The site is within an area of single family residential homes which are located on the edge of the area consisting of the May Creek ravine and stream which are heavily wooded and are in a relatively natural condition. Much of this area is undevelopable due to slope conditions, flooding, and lack of sanitary sewers and access. G. PUBLIC SERVICES: 1. Water and Sewer: An existing water main approximately three inches or smaller is located along N.E. 28th Street. An existing 8" sanitary sewer is located along N.E. 27th Street approximately 400 feet south of the subject site. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE THREE RE; R. J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE 2. Fire Protection: Provided by the Renton Fire Department and subject to City of Renton Ordinance requirements, See attached Fire Department comments, 3. Transit: Metro Transit Route 42 operates along N,E, 27th Street approximately 400 feet south of the subject site. 4. Schools: Kennydale Elementary School is located approximately One-quarter mile west of the subject site. McKnight Junior High School is located approximately one mile south of the subject site and Hazen High School is located approximately three miles south and east of the subject site. 5. Parks: The subject site is directly adjacent and south of the pro- posed King County May Creek Park. Kennydale Lions Park is located approximately one-half mile south and west of the subject site. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-729; G, General Classification District. 2. Section 4-706; R-1, Residence Single Family. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: 1. Renton Subdivision Urdinance: (a) Section 9-1105, Plat Requirements for Short Subdivisions (b) Section 9-1108, Plat Improvements and Development Standards (c) Section 9-1109, Exceptions 2. Land Use Report, 1965, Residential, page 11 and Objectives, pages 17 and 18. 3. Policy Statement, Comprehensive Plan, Renton Urban Area, 1965. 4. Subdivision of Land, pages 5 and 6. IMPACTS ON NATURAL SYSTEMS: The proposed plat will allow for low density residential development. The primary impacts of this development are related to impacts on the existing steep wooded hillside areas and the effects from the proposed septic tank drainfields on water quality within the May Creek basin. SUCIAL IMPACTS: Relatively minor. ENVIRONMENTAL ASSESSMENT/THRESHOLD: Pursuant to the City of Renton's Environmental Ordinance and State Environmental Policy Act of 1971 as amended (RCW 43.21C), this project is exempt from the Threshold Determination and Environmental Impact Statement process. ADDITIONAL INFORMATION: A vicinity map and site map are attached. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FOUR RE: J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE AGENCIES/DEPARTMENTS CONTACTED: NS O O P W N H H King County Parks Department King County Health Department City of Renton Utilities Division City of Renton Traffic Engineering Division City of Renton Engineering Division City of Renton Fire Department City of Renton Building Division Copies of certain memoranda are attached. PLANNING DEPARTMENT ANALYSIS: bs The proposal is consistent with the minimum lot size of the G-7200 zone, (7200 square feet minimum lot size). Proposed Lot 'A' = .85 acres; Lot ‘B' = 5.9 acres. Although a majority of Lot '‘A' is relatively level, Lot ‘B' consists almost entirely of wooded steep slopes. This con- dition creates serious problems for safe and suitable develop- ment, and hinders the proper functioning of septic tank drainfields. The portion of the Comprehensive Plan, Land Use Report, 1965, dealing with residential developnient (page 11) states that "The successful utilization of land for low density resi- dential development will depend on the availability of easily accessible areas which are relatively free of recurring or potential hazards such as floods, slides, and land subsidence." The sloped conditions and soils on Parcel 'bB' appear to warrant consideration in this case. Although the proposed pipestem lots are not unacceptable as indicated it appears that given the abovementioned conditions Lot 'B' is highly questionable as an appropriate building site. Any structure constructed on this parcel would require a 20 foot front yard setback from the rear line of the adjacent property to the south. This would place the structure over the brink of the steep hillside. However, if the applicant merely wishes to segregate the unusable portions of the property from the usable, an alternative would be to apply for current use (open space) taxation. Lot 'A' appears to be physically suitable for a building site. The existing 60 foot width along N.E. 28th Street is suitable for a standard 50 foot residential street. However, because of the existing topographical con- ditions Section 9-1109 A., B., and C. would apply to the exception request. N.E. 28th Street is an existing partially improved right-of-way, which consists of a total 30 feet in width. The improved portion of the roadway terminated approximately 100 feet east of the proposed easterly pipestem. However, the right-of-way extends over the brink of the steep hillside to the section corner. This street would generally be considered a half-street according to present subdivision standards. The applicant proposes septic tanks in-lieu-of connection to the existing sanitary sewer within N.E. 27th Street approximately 400 feet south of the subject site. The property along the south side of N.E. 28th Street directly south of the subject site was subdivided, and has connected to the existing sewer, water, and storm sewer within N.E. 27th Street (Section 9-1108.14.A.) an easement across private property would need to be procured, or an extension from Aberdeen Avenue N.E. and N.E. 27th Street provided. preliminary septic tank approval from King County Health Department. 9. Off-site improvements do not exist along N.E. 28th Street. However, recent City Council policy has been to install such improvements whenever possible. The Engineering Design Division has indicated that it is possible to establish grade and install these improvements, and has so recommended. PLANNING DEPARTMENT RECOMMENDATIONS: Recommend approval of the proposed short plat and exception based on the above analysis subject to; 1. Provision of proper utilities and fire hydrant per Public Works Department, Fire Department, and ordinance requirements. 2. Planning Department approval of proposed building locations prior to commencing clearing or grading on the site. 3. Conformance with all other subdivision ordinances, building codes, and Health Department requirements. The request for waiver of off-site improvements is denied per the Engineering Division's recommendation and the requirements of Section 9-1105.6.B. These requirements must be provided prior to filing the short plat (Section 9-1105.7 and .8). ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED Mb PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL RAT, fBu7DV0 wv HORT PLAD SPECIAL PERMIT WATVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND. RETURN TO THE PLANNING DEPARTMENT WITH) ANY YOU MIGHT HAVE, serone_U//2d/o7 TA) Wet SIGNATURE — INITA DEPARTMENT APPROVAL, DENIAL __DATE Courcoins 7 <7 JE33-P) Ely CIRAFFIC ENG> an 42/27) et Suen ae VE thay, CFIRE- ee 1Q-G.77 HEALTH 7 a € m1 TIES > is Be hg REVIEWER'S COMMENTS OR. “APPROVAL CONDITIONS: A” [ZELIRWINAG SEPTIC. AP RACVAL SDdouc ey SE REQ'D. ~ t 3 O ha Ea: (mt ANG Bes Ae TA “o Ceete) WNL. Wes Aone AYMAN Gr me w = cS: 4% vine. © Z PLEASE SIGN THE E.I.W. “Off site Pee ents we sy wived, ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED ufufe7 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION XK, Feayoa) WAIVER OF OFFSITE I Mpilo Ved BITS WITH ANY. COMMENTS| YOU NIGHT HAVE. BEFORE y/oada7 IN WRITE - SIGNATURE ——— ee ‘PEL DEPARTMENT APPROVAL DENIAL DATE c uILDING? u L£23-0) WES 7 Gare ens? L/of77 eneinec atid Ss yt /2&/77 XP ike? ee la-S: 77 HEALTH . - REVIEWER'S COMMENTS. OR APPROVAL CONDITIONS: . ha #2 Gate md Naan hee a 3 (28 a ak: Gud PLEASE SIGN THE E.I.W. ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED Wf18/ 72 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION R&R. FENIDA/ EXCEPTION For PIPESTEMA LOT AND RETURN TO THE PLANNING DEPARTMENT WITH (ANY COMMENTSJ YOU MIGHT HAVE, crore _//eghl77 —_ mT. WRITING aon ‘ITH DEPARTMENT APPROVAL DENIAL DATE Ws BUILDING pe Sl-2.3-7 L979 CLL ah RAFFIC ENG W4 CES, af 79 ce. (ENGI INEERIN ae eae a (rire? — IO- &-77 ee HEALTH _ ae = é , <a ae ae 07 REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: | oF OFF Be He [mp rive ments weqguved, PLEASE SIGN THE E.D.W, / Se i a —— s — eae aiaiin ceili —s tho, 259 || te) 28) ea. es — L 1 1 Oe oF i Ey Ce e s ee Ge : ee e a A ea e © tn e at ~ vasecr SITE SHORT PLAT - EXCEPTION TO SUBDIVISION ORDINANCE - WAIVER OF OFF-SITE IMPROVEMENTS: R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE TMPROVEMENTS, Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton city limits at 116th Avenue S.E. APPLICANT R. J. FENTON TOTAL AREA +5.7 acres PRINCIPAL ACCESS N.E. 28th Street EX'™S!{NG ZONING G-7200 EXISTING USE Vacant PROPOSED USE Single Family Residential COMPREHENSIVE LAND USE PLAN Greenbelt and Single Family COMMENTS APPLICANT: 2... FENTON SCALE /2 200 ‘ oR SUBJECT SITE por SHORT PLAT NO. 099-77 WAIVER NO. w- 104-77 oF Re, > re i THE CITY OF RENTON = = MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 — — 2 CHARLES J. DELAURENTI, MAYOR @ PLANNING DEPARTMENT og 235-2550 e "ED sepre™ December 2, 1977 R. J. Fenton 11451 S.E. 89th Place Renton, “ashinaton 98055 RE: NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATICNS FOR THWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS; Files Ne. 996-77, E-103-77, and wW-104-77; property located on N.c. 28th Street in the vicinity of the Renton City Limits at 116th Avenue S.E. Dear Mr. Fenton: The Renton Planning Department formally accepted the above mentioned application on November 22, 1977 . A public hearing before the City of Renton Hearing Examiner has been set for Necember 13, 1977 at 9:00 a.ff. , Representatives of the applicant are asked to be present. All interested persons are invited to attend the hearing. If you have any further questions, please call the Renton Planning Department, 235-2550. Very truly yours, Gordon Y. Ericksen Planning Director By Michael L. Sava 7 Assaciate Planner “LSiwr cc: Seattle-King County Health Dept. King County Park Dept. KENNETH J. OYLER CIVIL ENGINEER & LAND SURVEYOR P.O. Box 2258 « Renton, Wa 98055 255-5050 Nov. 10, 1977 Renton Planning Commission senton, Wash. ref: Proposed Short plat for ih. J. Fenton Waiver of Off-Site improvements and Mxception to plutting requirements due to pipe stem lots This short plat is situated at the end of a dead-end street with out improvements, the nearest being about a quarter of 4 mile away, at Aberdeen Ave. N.E. and N. BE. 27th St. In order to davelope uve lots, pipe stems 120 feet lon: and 30 fe-t wide are necessary. It is requested that a waiver be sranted for the improve. ents an! exceptfion: be considered for the pipe-stens. Kenneth ¢. Oyler, 3.0. & Lely ROUTE SCHEDULE . PLANNING DEPARTMENT DATE eouren_jHa/27 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION KT Fearon) WANE OF OFFSITE [Mpilo vised BRITS AND RETURN TO THE PLANNING DEPARTMENT WITH JANY COMMENTS[ YOU MIGHT HAVE, BEFORE y/oada7 iT) WIRITI NIG a SIGNATURE OR DEPARTMENT APPROVAL DENIAL DATE LL22 D) te fes77 1 /2&/77 ars INI TAL HEALTH = numa) — i= 8 =F 3 REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: a OLE site [rr prove we ent wee sp ivivedt Eas (ZR OOiNsE So wATKnA macry Accrtesg FE 9 AC pee THe GSE Faia Nagel x, gol Neg eared PLEASE SIGN THE E.LWat CITY OF RENTON SHORT PLAT PLAT. eT MAJOR PLAT 4 “A Re > TENTATIVE ——___ PRELIMINARY ———_ FINAL FILE NO. COYG -w7 DATE REC'D. APPLICATION FEE §& ENVIRONMENTAL REVIEW FEE §$ RECEIPT NO. SM NO. PUD NO. ‘PPLICANT TO COMPLETE ITEMS 1 THROUGH 7: .. Plat Name & Location | FEMTON SHOLT HAT No. Lots (A Total Acreage S$.22fe. Zoning G 7200 Owner Lud FENTOnd Phone 226 “7S 75— Address 1149) PYF 89 Edad /4., KEK TOL, Mos FEOSS§. Underground Utilities: Yes No Not Installed Telephone ( ) om ( ) Electric ( ) (7) ( ) Street Lights ( ) (wv ) ( ) Natural Gas ( ) ( ) ( ) TV Cable () ( 7) () Sanitation & Water: ( W) City Water ( ) Sanitary Sewers ( ) Water District No. ( ) Dry Sewers ( ™”) Septic Tanks Vicinity and plat maps as required by Subdivision Ordinance. DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH PRAFPE IC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS _ OTHER _ STAFF ACTION: _TENTATIVE PLAT APPROVED WW DENT ED APPEALED EXPTRED__ LAND USE HEARING ENAMINER'S ACTION: SHORT PLAT APPROVED__________ DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED DEFERRED IMPROVEMENTS: DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept. 1/77 Raw. AFFIDAVIT ) } / ae 7. I, Ay, thon LE a i acall , being duly sworn, declare that I am the owner of the oe tte “volven in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this fo" aay of Maw? wiitdf F 19 FO Notary Public in and for the State of Washington, residing at A477 yy « vd F A} ‘ f : Af, 2. , » at ‘ff y ; be © if? ene LF. ( a, wit fa ie (Name of Notary Public) ° (Signature of Owner) LUT PAL Db SLef5t, / Cf GlK* Ff (Address) ~ (Address) Ko Lt Ad th (City) (State) ms , GC A 4 te (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify thatthe foregoing application has been inspected by me and has been found to: be thorough and complete in every particular and to contorm to the rules and, ‘regulations of the Renton Planning Department governing che #iTing.jof | such agen Seats ate By: Date Received p &9 Renton Planning Dept. 2=7 3 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON DECEMBER 13 , 19 77 , AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: 1. RICHARD M. MOE, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT 30 UNIT CONDOMINIUM IN R-2 AND R-3 ZONES, File No. SP-097-77; property located at 1814 Grant Avenue. ~ 2. R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS; Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton City Limits at 116th Ave. S.E. Legal descriptions of applications noted above are on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON __—iDECEMBER 13, 1977, AT 9:00 A.M. TO EXPRESS THEIR OPINIONS. 7 GORDON Y. ERICKSEN PUBLISHED December 2, 1977 RENTON PLANNING DIRECTOR CERTIFICATION I, Michael L. Smith » HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn IA to before me, a Notary Public, Lh Jj J a on the 3c day of \joyomwers Ya ff gf 19 77 . . : SIGNED Fist 4 “3 LE G S ¢ OC s S C 2 I P T I O N oe WH E BA S T £0 " BA C E E T TH E SO U T H (€ 2 ' O F TR A C T ee ” So e 2 Bo E 4D FH A T PO R T I O N OF FA C T BA ? LI V W I G WE S 7 “4 4 hf OO K .. P GC C Y of . Ai e p OF TH E BA S T Li t i ® OF SE C T I O N 92 , TH Y . 2A KL , 4 GR . , ; a ” BA Ke 0 = cs To s c tt ) . 1, KI G CO U M T Y , WA S H /N G T O M , BX C E P T TH E H/ @ S T Bo a 20 ' CF TH R SO U T H 1Z O ' O F TR A C T BO D AM L BA C E P T TA T 3 pa g e : PO R T I Q S DE S C I / B E D AS FO L L O W S : BE G I N NG AT A PO R E S Cb d TH E SO U T H Li f/ @ OF SA I D TR A C T B9 9 , 89 D ! W& S s T OF Fi t h BA S T bi d OF BB C T I O N 32 , TP , 24 A, LS E ) TH E N C E LE S T BO " : TH E M C E KO R T H 12 0 TH E N C E BA S T C8 , SF % ; a TH E M E BS O I T H B A S T E R L Y 24 ¢ . 8 7 ' T O A PO I N T 10 0 . 8 8 3 NO R R , es OF TH E PO T OF BE G I N I I O G » TH E S E SO U P 79 TH E PO I K T ae OF BE G WG A S G , AL E ME CL O PE I L L E M A N ' S LA K E LU A S H I N G T O N | ee 3 GA B DE . GF ED B s O1 6 11 0 , @, AS H L / H G TO KA T RE C A R D E D | : ee (h d SO L U I N I E 1) OF PL A T E , MA G E 84 EB L LS BP WI G CO . WA S H , G2 o 0 ' t lO R T I X ) 26 9 B/o'f Po A eo eo gi sa Zo Ri g e s i J B t H AA R , CE TL S 35 ° S0 5 0 LO , Gm 22 5 8 Ke i TE ) LA S Se so g s * Pr o p o s e Sr o e p (r a r , So f ke . FS TO I 22 6 - 7 8 7 5 f( t S/ o 5. . BO T A Ke EB M TO S LR G ov . 91 9 7 7 | WO R FS Sc a i e ' #7 ? 0 F/ O ? STOP STOP STOP_ STOP © TOP! DOCUMENTS UNDER THIS NOTICE HAVE BEEN MICROFILMED. DO NOT REMOVE NOTICE FROM FILE. NEW FILING SHOULD BE ADDED ON TOP OF NOTICE. PAGES REMOVED UNDER THE NOTICE FOR COPYING MUST BE RETURNED TO THE SAME PLACE UNDER THE NOTICE. o1 OP! STOP STOP STOP STOP e & AFFIDAVIT OF SERVICE BY MAILING State of Washington) ) County of King ) Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 21st day of December , 1977. , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. 7 2. , Subscribed and sworn this */ day of. TES 2 i Lo 27 ~ whee” . Bd we Os es, _ Notary Public in and for the State of Washington, residing at Renton Application, Petition or Case: R. J. Fenton, Short Plat 099-77, W-104-77 E-103-77 (The minutes contain a Uist of the parties of record) ray . & & December 21, 1977 CITY OF RENTON REPORT AND RECOMMENDATION. APPLICANT: R. J. Fenton FILE NO. Short Plat 099-77 W-104-77 E-103-77 LOCATION: Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a request for the waiver of certain off-site improvement requirements. SUMMARY OF ACTION: Planning Department Recommendation: Approval of short plat and exception subject to conditions; denial of waiver. Hearing Examiner Decision: Approval of short plat and waiver subject to conditions; denial of exception. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on December 6, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on December 13, 1977 at 10:40 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1 and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Short Plat Map Exhibit #4: Letter from Kenneth J. Oyler, Engineer, dated November 10, 1977, request for waiver of off-site improvements. Mr. Smith reported two revisions in Exhibit #1. In Item 0.1, Lot B is designated as 5.9 acres in size which Mr. Smith corrected to 4.7 acres. Also in Item P.2 approval by the Building Division was added to provide approval of proposed building locations prior to commencing clearing or grading on the site. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: R. J. Fenton 11451 S.E. 189th Place Renton, WA 98055 Mr. Fenton indicated noncurrence with certain items in the report. He reported that his purpose in requesting the short plat was to exclude the hillside area from the mortgage at the time of loan application. He objected to requirements in Item P.1 for provision of a fire hydrant because of the existence of a hydrant directly across the street from the pipestem lot and entered a photograph of the facility which was labeled Exhibit #5. Regarding requirements of the Utilities Division and Fire Department for an 8-inch water main across the full frontage of the subject site, Mr. Fenton asked for clarification from the Planning Department. Mr. Smith indicated that although the recommendation was unclear, he felt that from a realistic standpoint the water main would be required only along the frontage of the pipestem lot. Mr. Fenton agreed that a water main would not Short Plat 099-77 Page Two W-104-77 E-103-77 be feasible on Lot B because the property would be unusable until the May Creek sewer is installed. He also reported that at the time of purchase of the property in August, 1977, an agreement for temporary water service existed between the previous owner and the city water department for the entire site, and since he desired to retain the property in two separate parcels, he had asked for cancellation of the permit which had not occurred to date. He submitted a title insurance policy which was labeled Exhibit #6 and the application for septic tank, labeled Exhibit #7. Regarding the request for waiver of off-site improvements, the applicant reported that because ditches or culverts are not provided along N.E. 28th Street under driveways the installation of curbs, gutters and sidewalks would create a problem for drainage and water runoff. He submitted a photograph depicting existing water runoff problems on N.E. 28th Street, which was labeled Exhibit #8. Mr. Fenton advised that off-site improvements had not been required in construction of other new homes in the area and objected to the recommendation imposed in his application. The Examiner asked for testimony in support of the application. There was no response. The Examiner asked for testimony in opposition to the application. Responding was: Dale Oster 2300 N.E. 28th Street Renton, WA 98055 Mr. Oster indicated his opposition to the request and inquired about the provision of water service to Lot A. The Examiner advised that the recommendation required the lines to be installed from N.E. 27th Street to N.E. 28th Street and extended to the pipestem area in the southern part of Lot A at the expense of the applicant. Mr. Oster inquired about city restrictions on installation of septic tanks in the subject area and noted that new homes on the south side of N.E. 28th Street have connected to a sewer line from N.E. 27th Street. Mr. Smith indicated that the subject homes were part of a plat which retained a sewer easement to N.E. 27th Street and that no moratorium currently existed on installation of septic tanks. The Examiner advised that approval by King County would be required for such installation on the subject property. In response to Mr. Oster's concern regarding the condition of the roadway and the proposed driveway, the Examiner advised that the ordinance required a minimum 10-foot paved driveway. Mr. Oster inquired about placement of the proposed structure, and the applicant reported plans to construct a home on the rear half of Lot A directly east and 20 feet from Mr. Oster's property line. Mr. Oster expressed concern regarding the proximity of the proposed home to the existing cliff on the property because of previous erosion due to removal of trees. The Examiner advised that the building location would be approved by the Planning and Building Departments which may require soils studies. The Examiner asked for further testimony in opposition to the request. Responding was: Rebecca Oster 2300 N.E. 28th Street Renton, WA 98055 Mrs. Oster reported low water pressure in the area and inquired about provision of water lines. The Examiner reiterated Utility Division recommendations for installation of an 8-inch water line to the property. The Examiner asked the applicant for final comments. Mr. Fenton advised that three homes owned by the King County Parks Department on the north side of the property were presently served by a 3-inch Renton Water District water line running through the subject property although no easement had been deeded for that purpose by the property owner. He also indicated that both King County and the Renton Water District had been contacted regarding this situation. It was agreed that the Examiner and the Planning Department would research the matter. Mr. Fenton objected to a requirement to blacktop the driveway and indicated preference for a gravel surface to properly design the driveway to facilitate retention of existing trees on the site. The Examiner advised that any variance from the requirements of the Subdivision Ordinance for driveway surface would be under the jurisdiction of the Board of Adjustment. Mr. Smith noted that the surfacing was required to eliminate mud and noise and felt the requirement was appropriate. In response to the Examiner's inquiry regarding the relationship of the terrain on Lot B to N.E. 28th Street, Mr. Fenton indicated that when N.E. 28th Street is extended access was possible to the existing three terraces on Lot B, but because of previous erosion, soils would be required to be tested prior to construction. ot Short Plat 099-77 Page Three W-104-77 E-103-77 The Examiner asked Mr. Fenton if problems with existing septic tanks in the area had occurred. Mr. Fenton indicated that no problems had occurred. In response to the Examiner's inquiries regarding proposals for restrictive covenants and survey of the property, Mr. Fenton indicated that covenants were not proposed and a survey has not yet been made. In response to other inquiries by the Examiner, Mr. Fenton reported that he was amenable to participation in an LID for future off-site improvements on N.E. 28th Street and that a permit for a septic tank would not be acquired until application for a building permit is made. In response to the Examiner's inquiry regarding revision to the Planning Department recommendation if N.E. 28th Street were extended, Mr. Smith indicated that according to strict interpretation of the ordinance, Lot B would have proper frontage on a public right-of-way without a pipestem lot which would not create as much effect on the future of the area. He noted that because of existing plateaus on Lot B it was questionable whether the area could be developed beyond the existing hillside with removal of vegetation creating additional erosion and problems in the May Creek area. The Examiner asked Mr. Smith if the Utilities Division and the Fire Department may not have been aware of the existing fire hydrant adjacent to the subject property. Mr. Smith indicated that the possibility exists since the hydrant seems proximate to the site. He noted that negative visual effects of an existing home in the area being built with used lumber should be reviewed by the Building Division because of its detrimental appearance in the neighborhood. Regarding the subject of driveway paving, Mr. Smith felt that a possibility exists to provide only one driveway to Lot A and noted that the Examiner has the authority to amend that requirement of the ordinance. He referred to Item 0.4 which reviews the possibility of applying for open space taxation relief for Lot B because of the physical unsuitability for building purposes on the site. He also indicated a recommendation for restrictive covenants on the development of Lot B to resolve extreme environmental problems and to impose requirements for sewers prior to development according to Section 9-1108.19. Mr. Fenton indicated his objection to requirements for restrictive covenants and noted that if application for a short plat had not been made covenants would not be required. Mr. Smith also recommended elimination of the pipestem configuration because of the existence of sufficient frontage on a public street on Lot B. Mr. Fenton questioned the effect of the revised recommendation for elimination of a pipestem lot on the acreage requirement for application for open space taxation, and Mr. Smith indicated that Lot B would be required to be measured to analyze the eligibility of the property for the tax relief. Discussion then ensued between the Examiner and Mr. Smith regarding possible revisions to the lot configuration, proposed access and easements on the site. Mr. Fenton reiterated his request for elimination of the requirement for blacktop surface on the driveway and felt that it would not contribute to the appearance of the property. The Examiner asked for further comments. Since there were none, the hearing on Item #Short Plat 099-77, W-104-77 and E-103-77 was closed by the Examiner at 11:35 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a two-lot short plat, waiver of off-site improvements and exception to the Subdivision Ordinance. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C., the proposal was determined by Gordon Y. Ericksen, responsible official, to be exempt from the threshold determination and E.I.S. process. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. All existing utilities are available and in close proximity. 6. The proposal is compatible with the required lot area requirements of Section 4-706 and 4-729 of Title IV, Ordinance No. 1628, Code of General Ordinances. 10. ll. 126 13. 14. Los 16. Li. 18. a9'. ®, 4% = Short Plat 099-77 Page Four W-104-77 E-103-77 Restrictive covenants were not proposed. (Section 9-1105.3.B) A survey has not been made of the property per Section 9-1106.3.H. (3). Off-site improvements have not been deferred per Section 9~1108.21. A septic tank is proposed for Lot A. On January 29, 1976, a septic tank permit (Exhibit #7) was approved by the King County Department of Public Health. The property was purchased by the applicant in 1977, and a new permit application has not been submitted to that department. (Section 9-1106.3.H.(4). Ownership has been documented in a copy of the title insurance policy, Exhibit #6, (Section 9-1106.3.H. (6)). No dedication of land is to occur (Section 9-1105.3.D and E£). Access to the two lots is by two 30-foot pipestems of 120 feet in length. Lot A has no other access possibility to N.E. 28th Street. Lot B, on the other hand, abuts the N.E. 28th Street right-of-way east of the end of the existing street pavement. The applicant testified that this alternative access is feasible depending upon extension of N.E. 28th Street. Section 4-706.(5).(c) requires a minimum lot width of 50 feet. N.E. 28th Street is a half-street with minimal improvements. The Engineering Design Division is able to establish the grade for improvement of the street. A fire hydrant, sewer line and 8-inch water line are located south and across N.E. 28th Street from the property. The connection to the recommended sewer line and 8-inch water line requires construction under the street and possibly an easement over private property. Lot B is predominantly a steep slope, but it contains three plateaus which may support single family residences. However, any development on this parcel would require severe restrictions which may render development infeasible. The applicant expressed concern about an alleged "illegal" water line running across the property. The matter was referred to the Utilities Division of the Public Works Department (see attached memorandum), and it was revealed that the water service was temporarily granted by the previous property owner to serve another property. A minimum of 5 acres is required for a current use taxation application. Lot B is approximately 4.7 acres. CONCLUSIONS : 1s The proposal conforms to the Comprehensive Plan, except that Lot B lies within the greenbelt designation of the Comprehensive Plan Land Use Map. Development at this time is proposed for Lot A, but the physical constraints of Lot B may preclude its development. All indications are that the map designation of greenbelt is appropriate for Lot B. Lot A contains approximately 37,026 square feet. One dwelling unit is proposed for this lot although approximately 4 units could be constructed on the lot if subdivided according to the 7200 square foot lot area of the G-7200 zoning district and using the pipestem area (60 feet) for a public street (50-foot minimum required). It appears that the applicant's proposed Lot A is in keeping with the character of the immediate neighborhood north of N.E. 28th Street. Most lots west of the site are lots considerably larger than 7200 square feet. Alternatives exist to the pipestem configuration. The pipestem area (60 feet wide) meets the minimum lot width (50 feet) requirement of G~7200 and 60-foot width of Section 9-1108.23.F.(c). If Lot A were to include all of the pipestem area, a pipestem would by definition not exist. Access from the 60-foot pipestem area would be for only one lot and access for additional lots would be through Lot B. This seems to conform to the intent of the applicant, which is development of Lot A with consideration of Lot B at some future date. Or the pipestem area could be dedicated as public right-of-way for a cul-de-sac for access to Lots A, B, and any other lots that might be created in the future. The required right-of-way of 50 feet can be accommodated in the 60-foot pipestem P Short Plat 099-77 Page Five W-104-77 E-103-77 area. To avoid impacting setbacks of adjacent residences the right-of-way can be manipulated within the 60-foot pipestem area. Relative to the requested exception to allow for pipestem lots, sufficient flexibility exists in the property configuration to avoid the exception without creating "...undue hardship..." (Section 9-1109.1) upon the applicant. More than adequate lot area exists and the pipestem area could accommodate a public street while providing enough area in Lot B to qualify for current use taxation. It was not asserted that without the exception the application would be deprived of the "...reasonable use or development..." (Section 9-1109.1.A) of the property, either Parcel A or Parcel B. In fact, such deprivation does not exist in this instances. The applicant did not contest that the exception was "necessary to insure such property the rights and privileges enjoyed..." (Section 9-1109.1.B) by adjacent or similar properties. No rights or privileges would be deprived without the exception. It is evident that the exception would "...not be detrimental to the public welfare or injurious to other property..." (Section 9-1109.1.C) either adjacent or in the vicinity. However, this would not alone constitute sufficient basis for approval of the exception, since the purpose, per Section 9-1109.1, is to address situations which may cause hardship to the applicant through strict application of the subdivision ordinance. The applicant can without "...undue hardship..." comply with the lot area, lot frontage and access requirements of the ordinance. For these reasons, the requested exception should be denied in lieu of pursuing other configurations of the short plat which would meet the requirements of the subdivision ordinance without unusual restrictions upon future subdivisions of the property. Section 9-1108.23.F.(2) requires that lots front a public street of 50 feet per Section 9-1108.23.A.(5). N.E. 28th Street does not meet this requirement. A 50-foot roadway within the pipestem area would satisfy this requirement and possibly preclude improvement of N.E. 28th Street by the applicant. The applicant appeared to disfavor the street as opposed to a private driveway within the pipestem area. The applicant proposes a low density development in a high density single family zone. In view of the physical constraints of the site this approach is appropriate. However, undue expense incurred in development may necessitate dividing the property into more lots. For this reason, the waiver of off-site improvements was apparently made. Off-site improvements required are street paving, curbs, gutters, sidewalks, sewer, water, storm sewers, and other utilities in N.E. 28th Street. Except for electricity and possibly gas, these improvements are either lacking or do not meet city standards. N.E. 24th Street is only a 30-foot right-of-way. Most, if not all, properties north of the street in the immediate area use septic tanks and nonconforming water lines. A fire hydrant is located immediately south of the site. If the applicant can secure an easement across the private property immediately south of the site, connection can be made to conforming existing sewer and water lines. This is "...within a reasonable distance..." (Section 9-1105.6.B) from the site. However, if the King County Department of Public Health approves a septic tank for the site, connection to the aforementioned sewer line is not necessary. Any water lines serving the property would be required to connect to an 8-inch line across the pipestem area which would connect to the aforementioned water line across the street. The property has a total of 450 feet of frontage on N.E. 28th Street of which only 60 feet fronts on the improved (paved) portion of the street. The existing right- of-way for the street was dedicated from the applicant's and others' properties north of the street. In view of the inadequate street width it seems that final design of street improvements would require the full street right-of-way. Otherwise the applicant might be required to place curbs within the existing pavement, thereby potentially preventing the existing two-way traffic. Since the applicant expressed agreement to participating in an LID, a covenant to this effect appears a reasonable and appropriate solution pending dedication of the complete right-of-way. Short Plat 099-77 Page Six W-104-77 E-103-77 DECISION: Based upon the record, testimony, findings and conclusions it is the Examiner's decision to approve the short plat application for two lots subject to: 1. Redesign of the short plat, Exhibit #3, to preclude the need for pipestem lots per Conclusions No. 3 and 5. The Planning and Public Works Departments are to approve the final design of the short plat for conformance with this condition. 2. Installation of an 8-inch water line and adequate sewer line (if a septic tank for Lot A is not approved by the King County Department of Public Health) along the 60-foot frontage of N.E. 28th Street and connecting to the existing 8-inch line on the south side of N.E. 28th Street; provided the necessary utility easements can be fairly and reasonably acquired. The Public Works Department is to assist the applicant in complying with this condition and approve the final design and construction. 3. Resolution by the applicant of the existing 3-inch water line running across his property. 4. All clearing and/or grading of the property is to occur only following approval of and according to requirements of the Planning Department. 5. Lot B is to be developed only after complete access, utility, and storm drainage requirements per city ordinances are not from N.E. 28th Street as approved by Planning and Public Works Departments. 6. Approval by the King County Department of Public Health of a septic tank for Lot A. Final approval of the septic tank by the Public Works Department. In the event that a septic tank is not approved, a sanitary sewer line is to be installed in the same manner as specified in Condition No. 2. 7. Approval of the storm drainage plan by the Public Works Department. 8. Compliance with all other requirements of applicable city ordinances. Furthermore, it is the decision of the Examiner to waive off-site improvements, except as specified in the aforementioned conditions, subject to the applicant executing restrictive covenants stating agreement to participation on an equitable and fair share basis in an LID for installation of these off-site improvements. In addition, it is the Examiner's decision to disapprove the exception in lieu of the aforementioned Condition No. l. ORDERED THIS 21st day of December, 1977. —, a L. Rick Beeler Land Use Hearing Examiner TRANSMITTED THIS 21st day of December, 1977 by Affidavit of Mailing to the parties of record: R. J. Fenton, 11451 S.E. 189th Place, Renton, WA 98055 Rebecca Oster, 2300 N.E. 28th Street, Renton, WA 98055 Dale Oster, 2300 N.E. 28th Street, Renton, WA 98055 TRANSMITTED THIS 2lst day of December, 1977 to the following: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Larry Warren, City Attorney & Short Plat 099-77 Page Seven W-104-77 E-103-77 Pursuant to Title IV, Section 3015 of the City's code, request for reconsideration must be filed in writing on or before January 4, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. TO: FROM: SUBJECT: & ad THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 96055 CHARLES J. DELAURENTI, MAYOR @ LAND USE HEARING EXAMINER L. RICK BEELER. 235-2593 December 15, 1977 MEMORANDUM Utilities Division L. Rick Beeler, Hearing Examiner Property directly north of 2308 N.E. 28th Street; File No. Short Plat 099-77, R. J. Fenton At a public hearing on December 13, 1977 regarding a short plat for this property, the applicant asserted that the city knowingly has a 3-inch water line across his property without a legally consummated easement. The applicant stated that his opposition to this water line has received no response north owned This matter instance it need to ask 1. Does in 2. Does in from the city. Evidently the line serves properties to the by King County. is not normally within my area of concern; however, in this is relevant to the short plat application. Therefore, I for answers to these questions: fact this water line exist? fact the applicant have rights to use the water line to serve a Single dwelling unit? 3. Does in fact a legally consummated utility easement exist for the water line? 4. Do any problems or objections exist in the applicant hooking up to the water line to serve a single dwelling unit? Since the public hearing has been closed, I will need answers in writing to these questions by December 22, 1977 in order to incorporate them into the decision due December 27, 1977. Thank you. —, “2 L. Rick Beeler CCe Gordon Y. Ericksen, Planning Director & Sad December 21, 1977 Date TO: L. RICK BEELER, HEARING EXAMINER FROM: RON OLSEN, UTILITIES DIVISION SUBJECT: PROPERTY DIRECTLY NORTH OF 2308 NE 28th St. File No. Short Plat 099-77 R. J. Fenton The City does not have a 3" water line running North through the aforemen- tioned property. I think what the gentleman is referring to is a private water service to a residence in May Creek, address of 2405 N. 3lst St. A few years ago a gentleman was granted a temporary water service and a meter was set in the Right-of-Way of NE 28th St. He stated that he had made arrangements with the owner at that time allowing him to run his temporary service across this property. The applicant does not have the right to connect into this temporary service. Water service is available in NE 28th St. for the proposed subdivision upon signing a temporary service agreement for said property. If you have any other questions, please contact this office. -) Cir, P f RLO: pmp RECEIVED CITY OF RENTON HEARING §".\MINER DES? Lis AM PM F819 21234156 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING 85: .Margaret...Harbaugh ee being first duly swornon oath, deposes and says that ghe.isthe..... Chief. Clerk... of THE RENTON RECORD-CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Notice of Public Washington. That the annexedisa....20} YAMS win. A LS cccsseees RQ OLAS occ ccccccccecceccscssseeevsevevsteevstsevevsssesesvssavsssevavsesevseseees 2, sp SINE IS ERR OE RN EERE Reo ESTRRER as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period Co) 1 iurewreran oie Teorecsto consecutive issues, commencing onthe eles day of ............: December............. ,19 i and ending the Sanspibshiee ay Of 20... ee cece cece eeesesesesestsesssetsssseesseeeery 19..,....., both dates inclusive, amd that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $25 262 which has been paid in fullattherateof per folio of one hundred words for the first insertion and _ per folio of one hundred words for each subsequent insertion. Gute Clerk — Subscribed and sworn to before me this................. 2 culo seni siiwepislaenmtennts day of December 9.00. - - Po CC) Md Lo 4, b2.., Notary Public ipand for the State of Washington: residing at Kent, King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. és OF < affliey “ON DEC 12 197! \ nn nen ene =) &/ NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER . RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAM- BERS, CITY HALL, RE- NTON, WASHINGTON, ON DECEMBER 13, 1977, AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETI- TIONS: 1. RICHARD M. MOE, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT 30 UNIT CONDOMINIUM IN R-2 and R-3 ZONES, File No. SP-097-77; property lo- cated at 1814 Grant Avenue. 2. R.J. FENTON, APPLI- CATIONS FOR TWO- LOT SHORT PLAT AP- PROVAL, EXCEPTION TO SUBDIVISION OR- DINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IM- PROVEMENTS; Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton City Limits at 116th Ave. S.E. Legal descriptions of ap- plications noted above are on file in the Renton Plan- ning Department. ALL INTERESTED PER- SONS TOSAID PETITIONS ARE INVITED TO BE PRE- SENT AT THE PUBLIC HEARING ON DECEMBER 13, 1977, AT 9:00 A.M. TO. EXPRESS THEIR OPI- NIONS. : GORDON Y. ERICKSEN RENTON PLANNING DIRECTOR Published in The Renton Record-Chronicle De- cember 2, 1977. R4696 APPLICANT: FILE NO.: PLANNING PRELIMINARY REPORT PUBLIC AE fo 3-77 DEPARTMENT TO HEARING EXAMINER HEARING DECEMBER R. J. FENTON 099-77; SHORT PLAT 13, 1977 » W-104-77; WAIVER OF OFF-SITE IMPROVEMENTS, AND E-103-77; EXCEPTION TO THE SUB- DIVISION ORDINANCE A. SUMMARY OF REQUEST: Applicant requests approval of a proposed two-lot short plat with an exception to allow access to the public street via a pipestem portion of each proposed lot, together with a | el for the waiver of certain off-site improvement requirements. B. GENERAL INFORMATION: 1. Owner of Record: 2. Applicant: 3. Location: 4. Legal Description: 5. Size of Property: 6. Access: 7. Existing Zoning: 8. Existing Zoning in the Area: 9. Comprehensive Land Use Plan: 10. Notification: C. PURPOSE OF REQUEST: BILLIE C. Ry a FENTON FENTON Property located near the east end of the approved portion of N.E. 28th Street on the north side of said street. A detailed legal description is available on file in the Renton Planning Department. Approximately 5.7 acres. Via N.E. 28th Street G-7200; General Classification District Single Family Residential. G-7200; General Classification District, P-1; Public Use District, G; General Classification District, and GS-1; General Classification District. Single Family Residential and Greenbelt. The applicant was notified in writing of the hearing date. Notice was properly published in the Record-Chronicle and posted in three places on or near the site as required by City ordinance. Notice was distributed to the surrounding property owners. To subdivide the property and to allow for construction of two single family residential structures. HISTORY /BACKGROUND: The subject site was annexed to the City of Renton on May 26, 1960 by Ordinance No. 1828. The s ubject site is directly above the May Creek ravine area and is adjacent to properties proposed to be a portion of the King County May Creek Park. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE TWO RE: R. d. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE E. PHYSICAL BACKGROUND: 1. Topography: The majority of proposed Parcel 'A' is relatively level except for the northeasterly corner which drops off steeply into the May Creek ravine area. Proposed Parcel 'B' is mostly steep hillside area with a slope averaging approxi- mately 50%. The steepness of the majority of the subject site makes future development on the site and in the area extrenely difficult. 2. Soils: Indianola loamy fine sand (InC). Permeability is rapid, available water capacity is moderate, run-off is slow to medium, and erosion hazard is slight to moderate. Septic tank drain field suitability is slight and moderate. If slope is more than 8%, could be possible pollution hazard. This soil is used for timber and for urban development. The steep hillside areas of the subject site consists of Alderwood and Kitsap soils (AkF), drainage and permeability vary, run-off is rapid to very rapid and the erosion hazard is severe to very severe, the slippage potential is severe. The suitability for septic drain fields is severe due to the extreme slope. These soils are usually used for timber. 3. Vegetation: The majority of the site is steep slope and is in a natural heavy northwest woodland character. 4. Wildlife: The existing vegetation of the site may provide for some habitat for birds and small mammals native to the area as well as certain other animals such as deer, racoon and other woodland type animals. 5. Water: No surface water or streams are apparent on the subject site, however, the site is directly above the existing May Creek area. All drainage would naturally flow down the ravine towards fiay Creek. 6. Land Use: Existing single family residences are located on either side of the proposed pipestem to Parcels ‘A' and 'B'. Other single family residences are located on both north and south side of N.E. 28th Street. Recently, homes have been constructed on the south side of N.E. 28th Street directly south of the subject site as a result of previously approved short plat. The area north of the subject site is within the May Creek ravine area and is generally undeveloped wooded property together with sparcely developed single family residential uses. F. NEIGHBORHOOD CHARACTERISTICS: The site is within an area of single family residential homes which are located on the edge of the area consisting of the May Creek ravine and stream which are heavily wooded and are in a relatively natural condition. Much of this area is undevelopable due to slope conditions, flooding, and lack of sanitary sewers and access. G. PUBLIC SERVICES: 1. Water and Sewer: An existing water main approximately three inches or smaller is located along N.E. 28th Street. An existing 8" sanitary sewer is located along N.E. 27th Street approximately 400 feet south of the subject site. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE THREE RE: R. J. FENTON; SHORT PLAT, W AND EXCEPTION TO THE SUBDIV AIVER OF OFF-SITE IMPROVEMENTS, ISI I STON ORDINANCE 2. Fire Protection: Provided by the Renton Fire Department and subject to City of Renton Ordinance requirements, See attached Fire Department comments, 3. Transit; Metro Transit Route 42 operates along N,E, 27th Street approximately 400 feet south of the subject site, 4. Schools: Kennydale Elementary School is located approximately one-quarter mile west of the subject site. McKnight Junior High School is located approximately one mile south of the subject site and Hazen High School is located approximately three miles south and east of the subject site. 5. Parks: The subject site is directly adjacent and south of the pro- posed King County May Creek Park. Kennydale Lions Park is located approximately one-half mile south and west of the subject site. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-729; G, General Classification District. 2. Section 4-706; R-1, Residence Single Family. I. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: 1. Renton Subdivision Urdinance: (a) Section 9-1105, Plat Requirements for Short Subdivisions (b) Section 9-1108, Plat Improvements and Development Standards (c) Section 9-1109, Exceptions 2. Land Use Report, 1965, Residential, page 11 and Objectives, pages 17 and 18. 3. Policy Statement, Comprehensive Plan, Renton Urban Area, 1965. 4. Subdivision of Land, pages 5 and 6. J. IMPACTS ON NATURAL SYSTEMS: The proposed plat will allow for low density residential development. The primary impacts of this development are related to impacts on the existing steep wooded hillside areas and the effects from the proposed septic tank drainfields on water quality within the May Creek basin. K. SOCIAL IMPACTS: Relatively minor. L. ENVIRONMENTAL ASSESSMENT/THRESHOLD: Pursuant to the City of Renton's Environmental Ordinance and State Environmental Policy Act of 1971 as amended (RCW 43.21C), this project is exempt from the Threshold Determination and Environmental Impact Statement process. M. ADDITIONAL INFORMATION: A vicinity map and site map are attached. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FOUR RE: J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE N. AGENCIES/DEPARTMENTS CONTACTED: NO O P W P Y H King County Parks Department King County Health Department City of Renton Utilities Division City of Renton Traffic Engineering Division City of Renton Engineering Division City of Renton Fire Department City of Renton Building Division Copies of certain memoranda are attached. 0. PLANNING DEPARTMENT ANALYSIS: ? The proposal is consistent with the minimum lot size of the G-7200 zone, (7200 square feet minimum lot size). Proposed Lot ‘A' = .85 acres; Lot 'B' = 5.9 acres. Although a majority of Lot 'A' is relatively level, Lot '‘B' consists almost entirely of wooded steep slopes. This con- dition creates serious problems for safe and suitable develop- ment, and hinders the proper functioning of septic tank drainfields. The portion of the Comprehensive Plan, Land Use Report, 1965, dealing with residential development (page 11) states that "The successful utilization of land for low density resi- dential development will depend on the availability of easily accessible areas which are relatively free of recurring or potential hazards such as floods, slides, and land subsidence." The sloped conditions and soils on Parcel 'B' appear to warrant consideration in this case. Although the proposed pipestem lots are not unacceptable as indicated it appears that given the abovementioned conditions Lot 'B' is highly questionable as an appropriate building site. Any structure constructed on this parcel would require a 20 foot front yard setback from the rear line of the adjacent property to the south. This would place the structure over the brink of the steep hillside. However, if the applicant merely wishes to segregate the unusable portions of the property from the usable, an alternative would be to apply for current use (open space) taxation. Lot '‘A' appears to be physically suitable for a building site. The existing 60 foot width along N.E. 28th Street is suitable for a standard 50 foot residential street. However, because of the existing topographical con- ditions Section 9-1109 A., B., and C. would apply to the exception request. N.E. 28th Street is an existing partially improved right-of-way, which consists of a total 30 feet in width. The improved portion of the roadway terminated approximately 100 feet east of the proposed easterly pipestem. However, the right-of-way extends over the brink of the steep hillside to the section corner. This street would generally be considered a half-street according to present subdivision standards. The applicant proposes septic tanks in-lieu-of connection to the existing sanitary sewer within N.E. 27th Street approximately 400 feet south of the subject site. The property along the south side of N.E. 28th Street directly south of the subject site was subdivided, and has connected to the existing sewer, water, and storm sewer within N.E. 27th Street (Section 9-1108.14.A.) an easement across private property would need to be procured, or an extension from Aberdeen Avenue N.E. and N.E. 27th Street provided. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF DECEMBER 13, 1977 PAGE FIVE RE: R. J. FENTON; SHORT PLAT, WAIVER OF OFF-SITE IMPROVEMENTS, AND EXCEPTION TO THE SUBDIVISION ORDINANCE 7. The existing water line within N.E. 28th Street is three inches or smaller. This is inadequate for new residential construction and according to the requirements of the Utilities Division and Fire Department would require upgrading to an eight inch main across the full frontage of the subject site together with the provision of a fire hydrant. 8. The preliminary soils report indicates that there may be problems related to septic tank suitability on the steep slopes. This would be particularly critical for Lot 'B'. The Building Division has indicated a need to provide a preliminary septic tank approval from King County Health Department. 9. Off-site improvements do not exist along N.E. 28th Street. However, recent City Council policy has been to install such improvements whenever possible. The Engineering Design Division has indicated that it is possible to establish grade and install these improvements, and has so recommended. P., PLANNING DEPARTMENT RECOMMENDATIONS: Recommend approval of.the proposed. short. plat.and exception based on the above analysis subject to; 1. Provision of proper utilities and fire hydrant per Public Works Department, Fire Department, and ordinance requirements. 2. Planning Department approval of proposed building locations prior to commencing clearing or grading on the site. 3. Conformance with all other subdivision ordinances, building codes, and Health Department requirements. The request for waiver of off-site improvements is denied per the Engineering Division's recommendation and the requirements of Section 9-1105.6.B. These requirements must be provided prior to filing the short plat (Section 9-1105.7 and .8) ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED uel? PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL RT, FRu7DU wv HORT PLAD SPECIAL PERMIT . WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND RETURN TO THE PLANNING DEPARTMENT WITH ANY YOU MIGHT HAVE, serone ///2d/o7 yt TN WRITING SIGNATURE INITA DEPARTMENT APPROVAL. DENIAL DATE ! Courtorne ? al /EB3-?) CE ley CURAFFIC ENGD i 42/2/77 at CENGINEERIND ie VE thay CFIRE? — 1R-G.27 HEALTH Cunu (ries) pete REVIEWER'S COMMENTS OR. ‘APPROVAL CONDITIONS: HM JELIAWINAN, SEPTIC. —RPRACVAL SDAdoucpD,® SE REQD y e . miss t PN owe Lietiey N ke AT Hie t (-1 ARO A Ss MmOCAMOEHS Mores { I ASIE a “a, U \ sdinante 2 Bes as SNe quan PLEASE SIGN THE E.I ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED ufusfe7 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION K,T Fenton) WANKER OF OFFSITE I Mpto vied BTS AND RETURN TO THE PLANNING DEPARTMENT WITH JANY_COMMENTS[ YOU MIGHT HAVE, BEFORE_ ulrafy7 narre) UIT IG sss SS SS SIGNATURE OR INI TAL DEPARTMENT APPROVAL DENIAL DATE jUILDING? a SL23D) TRAFFIC ens? Lf2[77 Evcinee Rind Se ulee/r XR ike? ee la. 77 HEALTH 7 REVIEWER'S COMMENTS. OR APPROVAL CONDITIONS: va OLE site Lew prove we tent ve snived, - ry & GrAV iA in ss ( a ge h e py Acerte ss {ess . “7 \ 2 CC PLEASE SIGN THE E.I.W. ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED yf13/ 7 PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION . Je FEA IDA/ EXCEDTION For PIPESTEM LOT AND RETURN TO THE PLANNING DEPARTMENT WITH (ANY COMMENTSJ YOU MIGHT HAVE, BEFORE //eghl77 _ IW WEITIAL- SIGNATURE a OR INITAL - DEPARTMENT APPROVAL DENIAL DATE 9 79 = ~ CALS AFFIC ENG he CEL LDL — a =< ~ 07 Pa ENGINEERING — = a, FIRE ja- G77 ee HEALTH ee _ ST) Ee ma REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: pA O FF sete impvive menwts wegnved were OSS, Arta age . wo Aas Ze Kae - Tee aaa 1067 '7 7 PLEASE SIGH THE E.laeW. 7 —— RPaciric COAST sie a — 234_ 225 ate : uayecr SITE SHORT PLAT - EXCEPTION TO SUBDIVISION ORDINANCE - WAIVER OF OFF-SITE IMPROVEMENTS: R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS, Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton city limits at 116th Avenue S.E. APPLICANT R. J. FENTON TOTAL AREA___*9.-7 acres PRINCIPAL ACCESS N.E. 28th Street EX'S11NG ZONING G-7200 EXISTING USE Vacant PROPOSED USE Single Family Residential COMPREHENSIVE LAND USE PLAN Greenbelt and Single Family COMMENTS APPLICANT: 2.4. FENFON GR SCALE 12 200' SUBJECT SITE prem SHORT PLAT NO. OF79-77 EXCEPTION NO. £-/O3-77 WAIVER. NO. W- (04-77 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENTI »MAYOR @ PLANNING DEPARTMENT 235-2550 December 2, 1977 R,. J. Fenton 11451 S.E. 89th Place Renton, “ashinaton 98055 RE: NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATIONS FOR T'O-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS; Files No. 995-77, E-103-77, and W-104-77; property located on N.&. 28th Street in the vicinity of the Renton City Limits at 116th Avenue S.E. Dear Mr. Fenton: The Renton Planning Department formally accepted the above mentioned application on November 22, 1977 . A public hearing before the City of Renton Hearing Examiner has been set for December 13, 1977 at G$:00 a.m. Representatives of the applicant are asked to be present. All interested persons are invited to attend the hearing. If you have any further questions, please call the Renton Planning Department, 235-2550. Very truly yours, Gordon Y. Ericksen Planning Director By michael LCL. Tanne ig Associate Planner “LSiwr cc: Seattle-King County Health Dept. King County Park Dept. KENNETH J. OYLER CIVIL ENGINEER & LAND SURVEYOR P.O. Box 2258 « Renton, Wa 98055 255-5050 Nov. 10, 1977 Renton Planning Commission aenton, Wash. Ref: Proposed Short plat for R. J. Fenton Waiver of Off-Site improveionts and iixcepilon to plattin: requirements due to pive stem lots This short plat is situated at the end of a dead-end street wih at Aberdeen Ave. N.E. and N. BR. 27th St. In oriear to develope cws lots, pipe stems 120 feet lon: and 39 fe-t wide are necessary. Jt is requested that a waiver be sranted for the improve: euts an exceptfit oa: be considered for the pipe-stems. Kenneth J. Oyler, 3.::. & Lc. ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED yf ” PLEASE REVIEW THIS APPLICATION FOR: REZONE MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION Kit FENID _EXCEDTION) For PUES TEMA LOT AND RETURN TO THE PLANNING DEPARTMENT WITH (ANY COMMENTSJ YOU MIGHT HAVE, BEFORE Wl eapl77 —h WEATIAAy SIGNATURE DEPARTMENT APPROVAL DENIAL DATE pe Jl-23-7 kK LS If79 » G a /1/ 2/77 IS- &-77 HEALTH __ * ee [ClL9-77 REVIEWER'S COMMENTS OR APPROVAL CONDITIONS: OH ALE site fjmprivements pequved. east Va Daw’ megeuraak are a PLEASE SIGN THE Esl ils? AFFIDAVIT ae, Vd f , - we l, " , #tee, 1 Soy. ree , being duly sworn, declare that I am the owner of the property involved in this application and that the Foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this pe? day of Adwldan if , 19 SO, Notary Public in and for the State of Washington, residing at AZ 7wy . Z / of ~ = : ) Ziake Of, L ( CE ea a! fo ria (Name of Netaay Spree casterearers of Owner) } ip ph et fA (ER = $9 LAT OK LA LLELS 1, VA Oo fF itd (Address) (Address) ~ at 7 ‘ J oe Rae oe Cee dt we fp AA A (City) (State) wet: oa oo (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that-the foregoing application has been inspected by me and has been found to, be; thorough and complete in every particular and to contorm to the rules, and, regulations of the Renton Planning Department governing the iting. (o£); ‘such apeia cation. 19 By: Date Received'| ; ; tly 1a Renton Planning Dept. 2=7 3 CITY OF RENTON a ere PLAT APPLICATION MAJOR PLAT fi PIN TENTATIVE eS PRELIMINARY cities, PINAL A -/0 3-27 W-1o¥-77 wort Fxg # FILE NO, le a ae I A DATE REC'D, Loo LILI APPLICATION FEE $ ENVIRONMENTAL REVIEW FEE §$ RECEIPT NO. SM NO. PUD NO. \PPLICANT TO COMPLETE ITEMS 1 THROUGH 7: .. Plat Name & oe a FEMTOM SHOL7 HAT i. No. Lots 2 Owner Rd FEMTOW Total Acreage S22 he. Zoning G 7200 Phone 226 -7S75—- Address 1145) of. 89 A, S GOSS. Underground Utilities: Telephone Electric Street Lights Natural Gas TV Cable ». Sanitation & Water: ( W) City Water ( ) Water District No. '. Vicinity and plat maps as required by KETO Wi ob Yes No Not Installed ( ) (7) ( ) ( ) (7) ( ) ( ) (7 ) ( ) ( ) ( ) ( ) () (7) ( ) ( ) Sanitary Sewers ( ) Dry Sewers Septic Tanks Subdivision Ordinance. ° DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY COUNTY PLANNING FIRE BD. PUBLIC WORKS _ OTHER « STAPF ACTION: TENTATIVE PLAT APPROVED APPEALED. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED PRELIMINARY PLAT APPROVED FINAL PLAT APPEALED » CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED FINAL PLAT APPEALED . DEFERRED IMPROVEMENTS: DATE TYPE GRANTED cases DEINE ED ___ EXPTRED _ DENIED DENIED EXPIRED DENIED EXPTRED BOND NO. AND AMOUNT DATE EXPIRES Planniny Dept. Pay, L777 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON DECEMBER 13 , 19 77 , AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: 1. RICHARD M. MOE, APPLICATION FOR SPECIAL PERMIT TO CONSTRUCT 30 UNIT CONDOMINIUM IN R-2 AND R-3 ZONES, File No. SP-097-77; property located at 1814 Grant Avenue. * 2. R. J. FENTON, APPLICATIONS FOR TWO-LOT SHORT PLAT APPROVAL, EXCEPTION TO SUBDIVISION ORDINANCE REGARDING ACCESS, AND WAIVER OF OFF-SITE IMPROVEMENTS; Files No. 099-77, E-103-77, and W-104-77; property located on N.E. 28th Street in the vicinity of the Renton City Limits at 116th Ave. S.E. Legal descriptions of applications noted above are on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON DECEMBER 13, 1977, AT 9:00 A.Ms TO EXPRESS THEIR OPINIONS... at GORDON Y. ERICKSEN PUBLISHED _——-December 2, 1977 RENTON PLANNING DIRECTOR CERTIFICATION I, Michael L. Smith » HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn ‘4 5 to before me, a Notary Public, f a dtd “oy on ng h e od a y (@) f_ 4 yts yo wale 7 9 4, . Ud b J (< —f 1977 a SIGNED [eedse¥ @ 7 Vda t te \\ , v4 sg said \ , ( Sop ee ‘. j tue m hla | ! SN OXE 14 pis ew ah ENDING OF FILE “ot | — 099-77