Loading...
HomeMy WebLinkAboutLUA97-145 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ) ss. County of King ) MARILYN MOSES , being first duly sworn,upon oath, deposes and states: That on the 20th day of November .1997, affiant deposited in the mail of the United States a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: (711 /L OL SUBSCRIBED AND SWORN to before me this (2-014 day of , 1997. Notary Public i and for the State of Washington, residing at ,therein. Application, Petition, or Case No.: APPEAL RE SUNSET NORTH DUPLEXES LUA97-145,AAD The Decision or Recommendation contains a complete list of the Parties of Record I AFFIDAVIT OF PUBLICATION :, Kristina Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL . 600 S. Washington Avenue, Kent, Washington 98032 a daily newspaper published seven (7)times a week. Said newspaper is a legal NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER newspaper of general publication and is now and has been for more than six months RENTON,WASHINGTON prior to the date of publication, referred to, printed and published in the English language An Appeal Hearing will be held by the continually as a daily newspaper in Kent, King County, Washington. The South County Renton Hearing Examiner at his regular meeting in the Council Chambers on the Journal has been approved as a legal newspaper by order of the Superior Court of the second floor of City Hall, Renton, State of Washington for King County. Washington, on November 4, 1997 at 9:00 The notice in the exact form attached, was ublished in the South Count AM to consider the following petitions: P Y APPEALsOF BOARD OF PUBLIC Journal (and not in supplemental form) which was regularly distributed to the subscribers WORKS DECISION RE SUNSET NORTH during the below stated period. The annexed notice, a DU-FLEXES/FILE NO.AAD-97-145 The appellant, Gary Griffin, appeals the Board's decision to require sidewalks and Sunset North Duplexes curbs for the construction of Sunset North Duplexes at 1151 Harrington Avenue NE. A legal description of the property noted as published on: 10/24/97 above is on file in the Development Services Division, Third Floor, Municipal - The full amount of the fee charged for said foregoing publication is the sum of$33.69 Building, Renton.All interested persons to said petition are invited to be present at the Legal Number 3785 Public Hearing. Published in the South County Journal October 24, 1997.3785 ff- I lerk, S uth ounty Journal Subscribed and sworn before me on this 3(4.(day of C ( - , 19 5 7 ., am ///_ , . L_OL„.9,g._ .‘,fok .-• .P e ' , , `% Ny�:.4% '°�9•.•� '% Notary Public of the State of Washington A. ` p7ARy v%�'% residing in Renton �� '�'- King County, Washington ._._o— — HEARING EXAMINER'S REPORT November 20, 1997 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Gary L. Griffin Appeal regarding Sunset North Duplexes File No.: LUA97-145,AAD LOCATION: 1151 Harrington Avenue NE SUMMARY OF APPEAL: Appeal of Board of Public Works decision requiring curbs and sidewalks on subject project. PUBLIC HEARING: After reviewing the Appellant's written request for a hearing and examining the available information on file,the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the November 4, 1997 hearing. The official record is recorded on tape. The hearing opened on Tuesday,November 4, 1997,at 9:05 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the appeal, Exhibit No.2: Aerial map proof of posting and publication, and other documentation pertinent to the appeal. Parties present: Representing Appellant: Ronald W. Christianson 2605 26th Street SE Auburn,WA 98002 Representing City of Renton: Neil Watts,Plan Review Supervisor Development Services Division 200 Mill Avenue South Renton,WA 98055 The Examiner explained that the hearing was an administrative appeal held pursuant to Ordinances 3060,3071 and 3809, and was the only administrative review to occur on the matter. The matter may be submitted back to the Examiner for reconsideration if the parties are not satisfied with the decision. The appeal by writ of review Gary L.Griffin - Appeal regarding Sunset North Duplexes File No.:LUA-97-145,AAD November 20, 1997 Page 2 is to Superior Court. He stated that the appellant has the burden of demonstrating that the City's action was erroneous, and would have to show clear and convincing evidence that the City's determination was incorrect. This is an appeal of the Board of Public Works decision to deny the deferral of installation of curbs and sidewalks. Mr. Christianson stated that his company is constructing two duplexes with two units each on Harrington Avenue in the Renton Highlands. The subject site is in an area where the sidewalks are not all the same or haven't been brought up to code, and their particular block has no sidewalks whatsoever. If they put sidewalks in as required,there is nothing to tie into. There are sidewalks across the street that are non-conforming which children can use to go to school. He stated that his company is trying to build affordable housing and this would run up the cost substantially per unit as it is about 250 lineal feet of sidewalk and curb. Neil Watts stated that the reasons this particular deferral was not granted were two-fold. One,there are existing curbs and sidewalks of various heights and dimensions in the area,that this is not a neighborhood that has a preponderance of just roadways. The second issue is the elementary school which is very close to this area. In RCW on platting there is a lot of discussion on the importance of sidewalks in the vicinity of schools, and staff supports that same general notion. Mr. Watts agreed this would not connect into anything at this point,but that the City on a limited basis goes into areas and completes missing links. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 9:20 a.m. FINDINGS.CONCLUSIONS&DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The appellant, Gary L. Griffin,hereinafter appellant,filed an appeal of a Board of Public Works'determination,hereinafter Board,denying a deferral of the installation of curbs and sidewalks. 2. The appellant is developing duplexes at 1151 Harrington Avenue NE in the City of Renton. 3. As part of the development regulations,the appellant is normally required to install curbs and sidewalks along the street frontage of their site. An applicant can seek to either waive the requirements completely or defer them to a later date. The standards generally applied are whether there are similar improvements in the area or whether the improvements are demanded by the general public welfare. 4. If a deferral is approved,the current developer would be excused from the need to install them but must create a binding obligation on the future purchasers of the property to install the improvements when the City requires them. 5. The appellant filed a request for a deferral with the Board of Public Works on July 30, 1997. The Board denied the request on August 27, 1997. The appellant filed an appeal of that determination with the Hearing Examiner in a timely fashion. 6.. Staff recommendations to the Board on the proposed deferral, in the main, suggested it be denied. They note that there are improvements in the area,that the obligation should not be thrust on future Gary L.Griffin Appeal regarding Sunset North Duplexes File No.: LUA-97-145,AAD November 20, 1997 Page 3 owners,that the divided future ownerships make installation harder to achieve and that a school site is located nearby the subject site and state law places importance on sidewalk improvements near school sites. In addition,the.City has a"missing links"program that pursues the installation of such amenities at the earliest possible time. CONCLUSIONS: 1. The appellant has the burden of demonstrating that the Board of Public Works'decision was either in error,or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4-3011(B)(1)(b). The appellant has failed to demonstrate that the action of the Board should be modified or reversed. The decision of the Board is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision,when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious(Northern Pacific Transport Co.v Washington Utilities and Transportation Commission, 69.Wn.2d 472,478(1966)). 3. An action is likewise clearly erroneous when, although there is evidence to support it,the reviewing body,on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly,77 Wn. 2d 255,259(1969)). 4. The appellant has failed to demonstrate that the decision was founded upon anything but a fair review of the circumstances,the neighborhood and nearby improvements,as well as City policies. The appellant has failed to demonstrate with cogent evidence that a mistake was made. 5. The Board has cited a number of reasons why the improvements should be installed by the appellant and why they should be installed with the completion of this development. The justifications are reasonable and they are neither clearly erroneous nor arbitrary and capricious. The evidence certainly does not amount to a clear showing that a mistake has been made. Even if reasonable persons might have concluded differently,that does not amount to cogent evidence that the Board made an error. 6. There is no justification to consider the decision arbitrary and capricious since it appears to have been an honest exercise in decision making that duly considered the facts and circumstances. 7. Since the burden of demonstrating error is on the appellant,this office can reach no other conclusion but that the Board made the correct determination. The proposed changes are not minor and cannot,be approved administratively. The decision below must be affirmed. DECISION: The appeal is denied. • ORDERED THIS 20th day of November, 1997. FRED J.KA BEARING EXAMINER Gary L. Griffin Appeal regarding Sunset North Duplexes File No.:LUA-97-145,AAD November 20, 1997 Page 4 TRANSMITTED THIS 20th day of November, 1997 to the parties of record: Ronald W. Christianson Gary L. Griffin Neil Watts 2605 26th Street SE 30030 20th Place SW 200 Mill Avenue S Auburn,WA 98002 Federal Way, WA 98023 Renton,WA 98055 TRANSMITTED THIS 20th day of November, 1997 to the following: Mayor Jesse Tanner Gregg Zimmerman,PlanBldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV, Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,December 4, 1997. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record,take further action as he deems proper. Appeal of the Examiner's decision is governed by Title IV, Chapter 8, Section 11, which requires that such appeal be filed with the Superior Court of Washington for King County within twenty (20) days from the date of the decision. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY .®_►.F RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman October 6, 1997 Mr. Gary L. Griffin 30030 20th•Place SW Federal Way, WA 98023 Re: Appeal of Board of Public Works Decision re Sunset North Duplexes File No. LUA97-145,AAD Dear Mr. Griffin: Your letter of appeal in the above matter has been received and a date and time for said hearing have now been established. The appeal hearing has'been set for Tuesday,November 4, 1997, at 9:00 a.m., in the Council Chambers on the second floor of City Hall,Renton. Should you be unable to attend,would you please appoint a representative to act on your behalf. We appreciate your cooperation, and if you have any questions,please contact this office. Sincerely, Marilyn K. Moses Hearing Examiner's Secretary cc: Mayor Jesse Tanner Jay Covington, Mayor's Executive Assistant Larry Warren, City Attorney Arneta Henninger Karen Codiga 200 Mill Avenue South -Renton, Washington 98055 - (206)235-2593 62)This paper contains 50%recycled material,20%post consumer 1 d SEP 2 91997 GARYL. GRIFFIN 30030 20TH PLACE S.W. HEARING EXAMINER FEDERAL WAY, WASHINGTON 98023 September 18, 1997 City of Renton Board of Public Works 200 Mill Avenue South Renton,Washington 98055 RE: Sunset North Duplexes 1151 Harrington Avenue NE Attn.: Arneta Henninger Dear Ms.Henninger, We would like to appeal the Boards decision'to require sidewalks and curbs on this project. This improvement would not be consistent with the standard for the neighborhood. Other than the apartments to the north there are approximately 30" sidewalks on one side of the streets and gravel pathways on the other side of the streets. This site had a duplex on it for almost 50 years with only a graveled pathway and there were no apparent adverse affects. It makes no sense to us to require a high standard for this project than is prevalent in the neighborhood. In the event a L.I.D. is passed in the future the new home owners would be treated the same as the existing home owners which is far more fair to them than forcing them to pay now for an improvement that is of doubtless benefit to them or the neighborhood. Presently pedestrians have the choice of using the sidewalks on the other side of the street or the graveled pathways. It would appear to be safer for pedestrians to be on their preferred sidewalk/pathway rather than having a completely different system in place,enticing them to make extra crossings. We are attempting to provide affordable family housing and to add several thousand dollars to the costs of doing so will only make these units more costly and harder to finance for working families. Our filing fee of$75.00 is attached.. ' Please let me know of your decision in regards to this matter. Sincerely, Gary L. Griffin CITY OF RENTON REf;FIVFn ATTCH. SEP 2 3 1997 67EVriVreviu`i .J=rb suft6 DIVISION r s CITY OF RENTON CITY TREASURER REG/RCPT : 02-20795 C:09-26-1997 CASHIER ID : J 10:56 am A:09-26-1997 5007 APPEALS & WAIVERS $75.00 000.000.00.345.81.00.000003 TOTAL DUE $75.00 RECEIVED FROM: CHRISTENSEN/GRIFFIN CHECK $75.00 TOTAL TENDERED $75.00 CHANGE DUE $0.00 (cY o • ITY OF RENTON } ♦ AIR ♦ BOARD OF PUBLIC WORKS Jesse Tanner,Mayor • • September 5, 1997 Gary Griffin 30030 20th Place S. Federal Way,WA 98023 • SUBJECT: OFF-SITE IMPROVEMENT DEFERRAL SUNSET NORTH DUPLEXES 1151 HARRINGTON AVENUE NE Dear Mr. Griffin: At the August 27, 1997,meeting the Board of Public Works reviewed your application and denied the request for the deferral of the installation'of curb's and sidewalks. The Board recommends that the new homeowners should not. be responsible for any future LID. `Further, that the curbs and sidewalk should match the existing improvements across the street to the north. As per Ordinance 4521,section 4-34-14,you have fifteen(15)days in which to appeal the Board's decision. Appeals are to be filed,in writing,with**Hearing Examiner or secretary for the City of Renton and requires a filing fee of$75.00. • You may call Arneta Henninger.at• 277-6198 if you have,any questions or need additional information. • • Sincerely, Mickie Flanagan • Recording Secretary Board of Public Works h:sunsetn/def97/jw cc: • 'Ronald Christensen,R&L Partners . NLa!ryi g eil Watts Ameta Henninger , . , Hearing Examiner• • 200 Mill Avenue South-Renton,Washington 98055 (206)235-2569 Facsimile (206)235-2541