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Home My WebLink AboutLUA96-115 MIE 5 1996 CITY OF RENTON CM OF RENTON PLANNINGBUILDING/PUBLIC WOR S H y;,.,.. ' ER MEMORANDUM DATE: November 5, 1996 TO: Fred Kaufman,Hearing Examiner Neil Watts, Plan Review Supervisor FROM: 4'rk R. Pywell Project Manager SUBJECT: Renton Shell LUA-96-087 Tommy Yee has submitted the attached letter that, among other items, states that it is a withdrawal of his appeal. Thank you. MEMO.DOT/ November 4 1996 DEVELOPMENT PLANN;N;G CITY(r o�nrrnn: City of Renton NOV 0 51996 Planning/Building/Public Works Attn: Mark R. Pywell RECEIVE;. 200 Mill Ave. S. Renton, WA 98055 Re: Renton Shell LUA 96-087 Dear Mr. Pywell: Pursuant to our conversation on October 29, 1996, regarding the above-referenced project, please be advised that we have decided that it is not economically feasible at this time to construct the car wash bays as set forth on the site plan. As discussed, it is our intention at this time to develop the southernmost 187 feet of the project, according to the approved site plan for that portion. It is my understanding that the sewer extension and curbs/side- walks/gutters must be installed on the portion of the property being developed, but that these items need not be installed on the northern portion until development of that section, according to an approved plan. At this time, we would like to withdraw our appeal on this project, and proceed to obtain the necessary building permits on the gas station and convenience store portion of the project. Please advise as to any necessary prerequisites to obtaining these permits so that construction is not further delayed. Very tru y you , TOMMY YEE 34406 14th Way S. W. Federal Way, WA 98023 cc: S&S Design Ed Galliway l _u u g OG 1 z c"i996 [, 7 MONER Tommy Yee 34406 14th Way S.W. Federal Way, WA 98023 October 17, 1996 Cit of Renton Ed Galliway y �'^ -Pager 918-8037•Message 740 ext 119 Hearing Examiner Heritage Attn: Fred Kaufman 200 Mill Ave. S. ,�' Construction Renton, WA 98055 Petroleum Division Mukilteo Office[206)742-4944•Fax 742-7410•(800)536-8434 • Everett Office(206)334-7044•Fax 334-6133 Re: Renton Shell Petroleum tank removal end installation site assessments end evaluations Complete ground up stations•Canopies and metal fabrications LUA 9 6-0 8 7 Maintenance end repair of petro equipment and facilities•Site remediations JDLR Inc.Cant.Reg.HERRC1Eg0A- Dear Mr. Kaufman: This letter is to notify you of recent developments 'relating to the above-referenced matter. A hearing is currently set for October 29, 1996, regarding our appeal of sidewalk, curb and sewer requirements. - We have been working with Mark Pywell of the Planning/Building/ Public Works department with regard to the sidewalks and curbs. We believe that this issue has been or shortly will be resolved to the satisfaction of all parties in a way which will allow us to withdraw our request for a waiver of the sidewalk and curb requirements. The issue of the sewer main extension remains unsettled, however. We maintain that there is no need for this site to extend the sewer line down Olympia Avenue NE solely to service the planned development, as access is available on NE 4th Street. The only purpose for such an extension would be to provide access for neighboring and opposing residences and businesses on Olympia. We feel that imposing the cost of the full sewer extension, over the lot length of 345 feet, would be an inordinate burden, especially since Olympia dead-ends only a hundred feet or so north of the lot at issue. A solution would perhaps be to equitably apportion the cost of the extension among the land owners which would be served by the extension. We would be open to discussing such an option in the interest of providing access to all who share in the benefit. Otherwise, we maintain that the project should be allowed to tie in to the sewer line already existing on NE 4th Street. Fred Kaufman, Hearing Examiner October 17, 1996 Page 2 I look forward to discussing these matters with you at the time of the scheduled hearing. In the meantime, if you require any further information, please do not hesitate to contact me. Very t my yours (0;17441 :-- Tommy Yee. • •• ¢ CITE'• _')F RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman October 29, 1996 • • - Mr. Tommy"Yee 34406 14th Way SW " Federal Way;WA. 98023 Re: Administrative Appeal of Renton Shell at NE 4th Street File No. LUA-096-115,AAD Dear Mr. Yee: • As:agreed by the parties,the hearing for the"above-referencedrappeal has been rescheduled for Tuesday,February 4, 1997.,at 10:00)a:m. in the Council:Cl ambers on.the second floor of City Hall,Renton, Washington. If'thisi matter is settled,prior to the hearing date,would you please notify this office as soon as possible. a ;..:. y; ya, • We appreciate your cooperation,and if you have,any"questions,please;-contact my secretary. Sincerely; • • Fred J. Kaufman _ ;;. Hearing Examiner w: , • FJK:mm' ; - ...: : - : cc: • Mayor Jesse.Tanner.' _ Jay Covington;Mayor's Executive ` e- i ty: Attorney r .Administrator.� _ • •"e• Z immerinari�'P ublic::Wo ks �Crr .gg •oard'of'Pub lic`.Works:: Hanson B•.Jim ,,r i•• 'Jn 200 Mi11''Avenue•South `Renton,Washington 9.8055,--(206)235-2593 ' . • ®This paper contains 50%recycled material,20%post consumer " - • 4 4$ CITE _ )F RENTON '.AL Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman October 1, 1996 • • • Mr. Tommy Yee 34406 14th Way SW Federal Way, WA 98023 Re: Administrative Appeal of Renton Shell at NE 4th Street File No. LUA-096-115,AAD Dear Mr.Yee: • Due to a conflict in schedules,;tfie hearing`for the above-referenced appeal has been rescheduled for Tuesday,October 29,.1996;'at.10:00 a.m. in the Council Chambers on the second floor of • City Hall,Renton, Washington:F,,�Should,you,,be.unable,to attend would you please appoint a. representative to act on your behalf' . a; � <�'r°''= r a 1 1 :..We appreciate your cooperation;:and if y ou have`:any questions,pleasecontact my secretary - - Sincerely; . .. Y _ y Fred J. Kaufman ,; _Hearing Examiner,: • - .M•:: . e ;: Vayor Jesse Tanner - " , gt `Mayr'sExecutiveAssistant .' Y'Covin ono : Lawrence J' arr 1 A me G`e' Zii"er m -Pu lic orksAd miriistrafor:r ii : ' - °::;mon B.. d f Publc W rks�. :`�� , ;.:,: ;<- � �F - L�• .- 2 - 00� il *i'''''''''::7!':::::';':::'''; l' 11:Avenue Soutli��`Renton -Washin ton`98055 - - .,..,: ..;. g (206)235 259 W. This paper contains 50%recycled material,'20%post consumer-µ' • „ �_ CITS( )F RENTON .<` 'y Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman September 24, 1996 • Mr. Tommy Yee 34406 14th Way SW Federal Way, WA 98023 Re: Administrative Appeal of Renton Shell at NE 4th Street File No. LUA-096-115,AAD • Dear Mr. Yee: • Your letter of appeal in the above matter has been received and dilate and time for said hearing have now been established. • • The appeal hearing has been set for"Tuesday October;22, 1996,-at 9 00 am. in the Council Chambers on the second floor,of CitrHall, Renton,Washington. ;Should you be unable to • attend, would you please appoint a representative to;act on your behalf:. Enclosed is a copy of • General Procedures for Appeals of Administtative`Determination for your information. • : We appreciate your cooperation, and ifyou have any questions,please contact my;secretary: Sincerely, • • Fred J. Ka an :Hearing Examiner. FJK:mm • -. • cc: Mayor Jesse Tanner Jay Covmgton, Mayor's Executive Assistant ' Lawrence J. Warren, City Attoiney' ':'; Gregg Zimmerman, Public Works Administrator. ,. , . _ , . . • 200 Mill Avenue South-Renton, Washington 98055 - (206)235-2593' ®This paper contains 50%recycled material,20%post consumer - ' , _ fi 1 UR ro 11111 SEP 19 1996 .., Tommy Yee HEARING 0M 34406 14 t h Way S.W. • Federal Way, WA 98023 City of Renton, Board of Public Works Attn: Fred Kaufman, Hearing Examiner 200 Mill Avenue South Renton, WA 98055 Re: Off-Site Improvement Deferral Renton Shell - LUA 96-087 N.E. 4th Street & Olympia Ave. N.E. Dear Mr. Kaufman: This letter is to request an appeal, pursuant to Ordinance 4521, Section 4-34-14, of the decision of the Board of Public Works rendered on September 5, 1996, regarding improvements to the above- referenced development. The Board denied a request for deferral of curb, gutter, sidewalk and sewer main extension requirements associated with the planned development of a Shell station and self-serve car wash bays on the premises at issue. This letter is written to explain our position with regard to the requested deferral and request that the Board' s decision be revised. The Property The property which is the subject of this action is a rectangular plot approximately 98 feet wide on its north and south boundaries, and approximately 345 feet long on its east and west boundaries. The eastern boundary fronts on Olympia Avenue Northeast. The plan is to install a gas station/convenience store on the southern portion of the lot, and self-serve car wash bays on the northern portion. Plans call for the car wash bays to be situated with the long axis of the bays running generally east-west to maximize the ease of access. Surrounding Area Olympia Avenue Northeast dead-ends approximately 100 feet north of the property. At the end of the street is there is a house north of the street' s dead-end; adjacent to the north is the rear of an apartment unit, which appears to be bordered by a fence. These structures make any further extension of the road impossible. The lot directly to the north of the property is a single-family residence. The opposite side of the street consists of businesses, Fred Kaufman, Hearing Examiner September 19, 1996 Page 2 including a cabinet shop, boat shop, and auto service center, and two residences (one of which is attached to the auto service structure) . Olympia Avenue Northeast is entirely devoid of curbs, sidewalks and gutters. Curbs/Gutters/Sidewalks We have requested, and The Board has denied, a deferral of the requirement to install curbs, gutters and sidewalks along the entire frontage of the property on Olympia Avenue Northeast. We have proposed to install gutters, curbs, sidewalks and landscaping according to code, along the corner of Olympia and NE 4th, extending approximately 100 feet to the driveway access point to the property. The Board has denied the deferral with respect to the remaining Olympia frontage. The purpose of such curbs, gutters and sidewalks is to facilitate pedestrian and vehicle traffic while preventing destruction or erosion of the dirt or gravel road edges, and to provide for a tidy, orderly appearance. In this case, the absence of through traffic, pedestrian traffic or residential units on the dead-end street makes it inefficient and wasteful to require expenditure of the funds required to fully curb and pave the entire frontage. Traffic will be overwhelmingly local in nature, ingressing and egressing from the site, and not passing through. The fence surrounding the apartments to the north and the lack of any other residential units except the one to the north eliminates the possibility of foot traffic. Runoff of storm water has been otherwise provided for, making gutters unnecessary. The opposing and adjacent house/businesses have been in place prior to the requirement for curbs, gutters and sidewalks, and their exemption from these requirements is "grandfathered. " Therefore, if required, this lot will be the only lot on this block to have installed such improvements. It will therefore not have any effect on the appearance or accessibility on the street, except on the lot at issue. The construction and landscaping which has been proposed on the NE 4th and corner transition area on Olympia will adequately address concerns for pedestrian traffic and appearance related to traffic on NE 4th. Do do more would serve no purpose and confer no benefit to adjacent landowners or the public at large. Further, the reservation of square footage along Olympia would reduce the depth of available area for the car wash bays, requiring rotation of the bays by 90 degrees, so that the long axis of the bay unit would run generally north-south. This would restrict accessibility into and out of the bays, detrimentally affecting the Fred Kaufman, Hearing Examiner September 19, 1996 Page 3 traffic flow and possibly reducing the ease of access and reducing business. Furthermore, such rotation of the bays would result in vehicles emerging from behind the structures to return to the entrance/exit as other cars enter, possibly creating a traffic safety hazard. As planned, the vehicles could enter and exit without doubling back on their routes. Sewer Main Extension The purpose of sewer line extensions on new construction is to develop and improve the use of and access to sewer lines, eliminating the need for septic systems and providing for greater control of waste effluence from homes and businesses. We have requested, and the Board has denied, a deferral from extension of the sewer main along the length of the Olympia frontage. The lot has access to the sewer lines along NE 4th, and extension of the sewer line down Olympia would serve no purpose. It would be less expensive and more efficient to simply run the required pipes from the structures on the lot and connect to existing lines on NE 4th. Extension of the sewer line along the lot' s frontage on Olympia would serve no purpose beneficial to the lot at issue. Only one residence is located beyond the lot in question. Presumably, the apartment complex to the north already has access to sewer lines elsewhere. The septic/sewer status of opposing businesses on Olympia is unknown. However, it would be inequitable to require the expenditure of significant funds on a sewer main extension which would confer no benefit to the subject lot. Further, if the intent is to allow adjacent and opposing landowners access to the sewer main, the costs of extending the main should be borne equitably by all landowners being benefited by the extension. Conclusion The decision of the Board of Public Works to deny the proposed deferrals in unjust, inequitable and requires improvements which result in little or no benefit to the lot at issue, the adjacent or opposing lots, or the public at large. The requirements of the Board would require repositioning of the car wash bays, adversely impacting access, convenience - and traffic safety, and likely reducing business volume at the site. The curbs, sidewalks, gutters and landscaping plan which has been proposed adequately addresses all concerns applicable to traffic, vehicular and pedestrian, passing on NE 4th street. The lot at issue can easily tie in to existing sewer lines without need to extend the main down a dead-end street which has no prospect of further development. 1' Fred Kaufman, Hearing Examiner September 19, 1996 Page 4 For the above reasons, the Hearing Examiner is respectfully requested to evaluate the Board' s decision, consider and weigh the significant expense of the required improvements against the minimal benefits to be gained from the improvements, and grant a deferral as follows: 1. Allow issuance of necessary permits without the need to extend the sewer main down the Olympia Avenue NE frontage, approving the proposal to access the sewer main on NE 4th street; 2. Allow issuance of necessary permits without the need to construct curbs, gutters and sidewalks beyond the proposed corner transition zone extending from NE 4th for approximately the first 100 feet north along Olympia. Respect ully, TOMMY YEE CITY OF RENTON CITY TREASURER REG/RCPT : 02-40596 C:09-24-1996 CASHIER ID : J 07:56 am A:09-24-1996 5007 APPEALS & WAIVERS $75.00 000.000.00.345.81.00.000003 ,TOTAL DUE $75.00 RECEIVED FROM: TOMMY YEE CHECK $75.00 TOTAL TENDERED $75.00 CHANGE DUE $0.00